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THE WAYS OF THE HOUR
suited to their trusts; men who have obtained their seats by
party legerdemain; and who had much better, on their own
account, as well as on that of the public, be at home attending
to their own private affairs. This much may be freely said by
any citizen, of a State Senate, a collection of political partisans
that commands no particular respect; but, it is very different
with that of the United States; and we shall confine ourselves
to saying, in reference to that body, which it is the fashion of
the times to reverence as the most illustrious political body
on earth, that it is not quite as obnoxious to this judgment as
the best of its sisterhood of the several States; though very far
from being immaculate, or what, with a little more honesty in
political leaders, it might be.
“I believe you are half right, Johnson,” answered Timms
“Nomination is the government in this country; liberty, people, and all! Let a man get a nomination on the right side, and
he’s as good as elected. But, now for this mode of getting new
trials, Johnson?”
“Why, ‘Squire, I’m amazed a man of your experience should
ask the question! The law is sharp enough in keeping jurors,
and constables, and door – keepers in their places; but the jurors, and constables, and door – keepers, don’t like to be kept
in their places; and there isn’t one cause in ten, if they be of
any length, in which the jurors don’t stray, or the constables
don’t get into the jury – rooms. You can’t pound free – born
Americans like cattle!”
“I understand you, Johnson, and will take the hint. I knew
there was a screw loose in this part of our jurisprudence, but
did not think it as important as I now see it is. The fact is, John-
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JAMES FENIMORE COOPER
son, we have been telling the people so long that they are perfect, and every man that he, in his own person, is one of these
people, that our citizens don’t like to submit to restraints that
are disagreeable. Still, we are a law – abiding people, as every
one says.”
“That may be so, ‘Squire; but we are not jury – room – abiding, nor be the constables outside – of – the – door – abiding,
take my word for it. As you say, sir, every man is beginning to
think he is a part of the people, and a great part, too; and he
soon gets the notion that he can do as he has a mind to do.”
“Where is Mr. Dunscomb?”
“He stepp’d out with the young gentlemen, a few moments
since. I dare say, ‘Squire Timms, he’s gone to engage men to
talk down this rumour about Mary Monson. That job should
have been mine, by rights!”
“Not he, Johnsonnot he. Your grand lawyers don’t meddle
with such matters; or, when they do, they pretend not to. No,
he has gone to the gaol, and I must follow him.”
At the gaol was Dunscomb, sure enough. Mary Monson,
Anna and Sarah, with Marie Moulin, all dressed for the court;
the former with beautiful simplicity, but still more beautiful
care; the three last plainly, but in attire well suited to their
respective stations in life. There was a common air of concern and anxiety; though Mary Monson still maintained her
self – command. Indeed, the quiet of her manner was truly
wonderful, for the circumstances. “Providence has placed me
in a most trying situation,” she said; “but I see my course. Were
I to shrink from this trial, evade it in any manner, a blot would
rest on my name as long as I am remembered. It is indispens-
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THE WAYS OF THE HOUR
able that I should be acquitted. This, by God’s blessing on the
innocent, must come to pass, and I may go forth and face my
friends with a quiet mind.”
“These friends ought to be known,” answered Dunscomb,
“and should be here to countenance you with their presence.”
“They! He! Never while I live, never!”
“You see this young man, Mary Monson I believe he is
known to you, by name?”
Mary Monson turned her face towards Millington, smiled
coldly, and seemed undisturbed. “What is he to me? Here is
the woman of his heart; let him turn to her, with all his care.”
“You understand me, Mary Monson it is important that I
should be assured of that.”
“Perhaps I do, Mr. Dunscomb, and perhaps I do not. You
are enigmatical this morning; I cannot be certain.” “In one
short half – hour the bell of yonder court – house will ring,
when you are to be tried for your life.”
The cheek of the accused blanched a little; but its colour
soon returned, while her eye assumed a look even prouder
than common.
“Let it come” was her quiet answer “the innocent need not
tremble. These two pure beings have promised to accompany
me to the place of trial, and to give me their countenance. Why,
then, should I hesitate?”
“I shall go, too” said Millington, steadily, like one whose
mind was made up. “You! Well, for the sake of this dear one,
you may go, too.”
“For no other reason, Mary?”
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JAMES FENIMORE COOPER
“For no other reason, sir. I am aware of the interest you
and Mr. Wilmeter have taken in my case; and I thank you both
from the bottom of my heart. Ah! kindness was never lost on
me”
A flood of tears, for the first time since her imprisonment,
so far as any one knew, burst from this extraordinary being;
and, for a few minutes, she became woman in the fullest meaning of the term.
During this interval Dunscomb retired, perceiving that it
was useless to urge anything on his client while weeping almost convulsively; and aware that he had several things to do
before the court met. Besides, he left the place quite satisfied
on an allimportant point; and he and Millington walked by
themselves towards the court – house, their heads close together, and their voices reduced nearly to whispers.
374
CHAPTER XX
“I blush, and am confounded to appear
Before thy presence, Cato.”
“What’s thy crime?” “I am a Numidian.”
Cato.
Within the half hour mentioned by Dunscomb the court –
house bell rang, and there was a rush towards that building,
in order to secure seats for the approaching trial. All that has
been related in the preceding chapter occurred between the
hours of six and nine that morning, it being one of the “ways
of the hour” in the march of improvement, to drive the administration of justice with as near an approach to railroad
speed as is practicable. Many of the modern judges go to work
as early as eight in the morning perhaps most do in the country circuits and continue to call causes until nine and ten at
night, illustrating the justice of the land by means of agents
who are half asleep, and stupid from fatigue.
We have said that everything like dignity, except as it is to
be found in the high character of its duties, and the manner in
which they are performed, has been banished from the courts
of New York. Even on this solemn occasion, when a human being was to be put on trial for her life, and she a woman, there
was no departure from the naked simplicity that has been set
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JAMES FENIMORE COOPER
up on the pedestal of reason, in open opposition to the ancient
accessories by which the Law asserted its power. It remains to
be seen whether human nature has not been as much over –
estimated under the new arrangement as it was underrated
by the old. There is a medium, in truth, that it is ever safe to
respect; and there is reason to apprehend that in throwing
away the useless vestments of idle parade, those necessary to
decency were cast aside with them.
Quite a fourth of the audience assembled in Duke’s county
court – house, on this occasion, were females. The curiosity,
which is said to be so natural to the sex, was, on this occasion,
quickened by the peculiar circumstances of the case, a woman
having been murdered, and a woman accused of having committed the offence. It was said, however, that many were summoned as witnesses, it being generally understood that the
state had subp oenaed the country far and near.
At length, a general and expecting silence succeeded the
bustle of the crowds entering and obtaining seats, and the eyes
of the spectators were very generally turned towards the door,
in the wish to get a glimpse of the principal personage in the
approaching scene. We know not why it is that the spectacle
of others’ woes has so great a charm for most persons. Nature
has given us sympathy, and compassion, and a desire to alleviate misery; yet most of us like to look upon it, as a mere
spectacle, when we have neither the wish nor the power to be
more than useless spectators. Thousands will assemble to see a
man hanged, when all know that the law has a grasp too tight
to be unloosed, and that the circle of the gallows is no place
for feelings of commiseration. But, so it is; and many a female,
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THE WAYS OF THE HOUR
that day, who would have gladly alleviated any distress that it
was in her power to lessen, sat there, a curious and interested
observer of all that passed; to note the workings of the countenance, the writhings of the inner soul, if any such there should
be, or the gleams of hope, that might, at intervals, lighten the
gloom of despair.
The court was occupied for half an hour with hearing
motions, and in granting orders, nothing seeming to impede
its utilitarian progress. Then the movement within the bar
ceased, and an expectation that was even solemn, fell on the
whole mass of human beings that were collected in that narrow space.
“This is the day for which the trial of Mary Monson was,
by arrangement, set down,” observed the judge. “Mr. District
Attorney, are you ready?”
“We are, sirentirely so, I believe. If the court please, Mr.
Williams and Mr. Wright will be associated with me in this
case. It is one of importance, and I do not like the responsibility of trying it alone.”
“The court has so understood it who is for the accused?”
“I am retained to defend Mary Monson,” answered Dunscomb, rising with dignity, and speaking with the self – possession of one long accustomed to the courts. “Mr. Timms will
assist me.”
“Are you ready, gentlemen?”
“I believe we are, your honour; though the prisoner has not
yet been arraigned.’ “Mr. District Attorney, we will proceed.”
As the sheriff now left the room, in person, rather an unusual thing in bringing a prisoner into court, expectation
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JAMES FENIMORE COOPER
was at its height. In the midst of a breathing silence, the door
swung round court – room doors are now made to swing like
turnpikes, in order to prevent noise and Mr. Gott entered, followed by Mary Monson, Anna, Sarah, Marie Moulin, and the
two young men. The kind – hearted wife of the sheriff was already in the room, and, by means of a constable, had managed
to keep seats reserved for those who might attend the prisoner.
To these seats the party now retired, with the exception of Marie Moulin, who attended her mistress within the bar.
Every observer was struck with the unexpected air, manner, and attire of the prisoner. Dunscomb saw, at a glance, that
her appearance had made a most favourable impression. This
was something, and he hoped it might counteract much of the
man oeuvring of Davis and Williams. The judge, in particular,
a kind – hearted and very well meaning man, was taken altogether by surprise. There is nothing in which there is more
freemasonry than in the secret symptoms of social castes. Each
individual is more or less of a judge of these matters, up to the
level of his own associations, while all beyond is mystery. It
happened that the judge, now about to try Mary Monson, belonged to an old, historical, New York family, a thing of rather
rare occurrence in the great movements of the times, and he
possessed an hereditary tact in discerning persons of his own
habits of life. Almost at a glance, he perceived that the prisoner had the air, manners, countenance and finesse, of one
accustomed, from infancy, to good company. The reader may
smile at this, but he must pardon us if we say the smile will
betray ignorance, rather than denote the philosophy that he
may fancy controls his opinions. Dunscomb was much grati-
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THE WAYS OF THE HOUR
fied when the judge rather earnestly interposed against the act
of the sheriff, who was about to place the prisoner at the bar
in the little barricaded space al – lotted to the use of ordinary
criminals, directing him to
“Give the prisoner a chair within the bar, Mr. Sheriff. Gentlemen, be so good as to make room, that the accused may sit
near her counsel. Mr. Attorney, let the prisoner be arraigned,
as soon as she has rested from the fatigue and agitation of appearing here.”
This ceremony, now little more than a blank form, was
soon ended, and the plea of “not guilty” was entered. The next
step was to empannel the jury, a task of infinite difficulty, and
one that has got to be so much an out – work, in the proceedings in criminal cases, as almost to baffle the powers of the
law. It is no unusual thing for the time of the court to be occupied a week or two, in this preliminary proceeding, until
the evil has got to be so crying as to induce the executive to
recommend that the legislature may devise some mode of relief. One of the most besetting vices of all American legislation,
in those cases in which abuses are not the offspring of party,
is a false philanthropy, in which the wicked and evil doer has
been protected at the expense of the upright and obedient.
The abuse just mentioned is one of those in which the bottom
has been reached somewhat sooner than common; but, it is
hazarding little to predict, that more than half which has been
done within the last few years, under the guise of liberty and
philanthropy, will have to be undone, ere the citizen will be
left to the quiet enjoyment of his rights, or can receive the just
protection of the laws.
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JAMES FENIMORE COOPER
One of the common – sense and real improvements of the
day, is to swear the jurors, in all the causes that are to be tried, by
one process. This is a saving of time; and though the ceremony
might be, and ought to be made, much more solemn and impressive than it is, as by causing all other business to cease, and
to make every one present rise, and stand in reverential silence,
while the name of the God of heaven and earth is invoked, still
it is a great improvement on the ancient mode, and has reason
to sustain it. It gives us pleasure to note such circumstances in
the “ways of the hour,” whenever a sense of right can induce
one who loathes the flattery of the people quite as much as he
loathes that of princes, and flattery of all sorts, to say aught in
favour of what has been done, or is yet doing around him.
The clerk called the name of Jonas Wattles, the first juror
drawn. This man was a respectable mechanic, of no great force
in the way of mind, but meaning well, and reputed honest.
Timms gave the senior counsel a look, which the other understood to mean, “he may do.” No objection being made on account of the state, Jonas Wattles took his seat in the jury – box,
which was thought great good luck for a capital case.
“Ira Trueman,” cried the clerk.
A meaning pause succeeded the announcement of this
name. Trueman was a person of considerable local influence,
and would probably carry great weight in a body composed
principally of men even less instructed than he was himself.
What was more, both Timms and Williams knew that their respective agents had been hard at work to gain his ear, though
neither knew exactly with what degree of success. It was consequently equally hazardous to accept or to oppose, and the
two legal gladiators stood at bay, each waiting for the other
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