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Файл:The Ways of The Hour
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THE WAYS OF THE HOUR
to betray his opinion of the man. The judge soon became wearied, and inquired if the juror was accepted. It was a somewhat
amusing sight, now, to observe the manner in which Timms
proceeded with Williams, and Williams met Timms.
“I should like to hear the gentleman’s objections to this
juror,” observed Timms, “as I do not see that his challenge is
peremptory.”
“I have not challenged the juror at all,” answered Williams,
“but have understood the challenge comes from the defence.”
“This is extr’or’nary! The gentleman looks defiance at the
jurors, and now declares he does not challenge!” “Looks! If
looks made a challenge, the state might at once suffer these
foul murders to go unpunished, for I am sure the gentleman’s
countenance is a perfect thunder – cloud “
“I trust that counsel will recollect the gravity of this cause,
and suffer it to be conducted with the decorum that ought
never to be wanting in a court of justice,” interposed the judge.
“Unless there is a direct challenge, from one side or the other,
the juror must take his seat, of course.”
“I should like to ask the juror a question or two,” Timms
replied, speaking very cautiously, and like one who was afraid
of hurting the feelings of the party under examination; and in
truth wary, lest on investigation he might discover that Trueman was likely to be the sort of person he wanted. “You have
been at Biberry, juror, since the opening of the court?”
Trueman nodded his head.
“Of course, you have been round among your friends and
neighbours, that you have met with here?” Another nod from
Trueman, with a sort of affirmative grunt.
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JAMES FENIMORE COOPER
“You have probably heard more or less said concerning
Mary Monson I mean in a legal and proper way?” A third nod
of assent.
“Can you speak anything, in particular, that has been said
in your presence?”
Trueman seemed to tax his memory; then he raised his
head, and answered deliberately and with great clearness, “I
was going from the tavern to the court – house, when I met
David Johnson
“Never mind those particulars, Mr. Trueman,” interrupted
Timms, who saw that the juror had been talking with one of
his own most confidential agents “what the court wishes to
know is, if any one has been reporting circumstances unfa-
vourable to Mary Monson in your presence?”
“Or in her favour,” put in Williams, with a sneer.
“Juror,” interposed the judge”tell us if any one has spoken
to you on the merits of this case for or against?” “Merits” repeated Trueman, seeming to reflect again “No, your honour; I
can’t say that there has.”
Now, this was as bold a falsehood as was ever uttered; but
Trueman reconciled the answer to his conscience by choosing
to consider that the conversation he had heard had been on
the demerits of the accused.
“I do not see, gentlemen, that you can challenge for cause,”
observed his Honour “unless you have further facts.”
“Perhaps we have, sir,” answered Williams. “You were saying, Mr. Trueman, that you met David Johnson as you were
going from the inn to the court – house Did I understand you
correctly?’
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THE WAYS OF THE HOUR
“Just so, ‘Squire. I had been having a long talk with Peter
Titus”one of Williams’s most active and confidential agents
“when Johnson came up. Johnson says, says he, `a pleasant
day, gentlemenI’m glad to see you both out; for the faces of old
friends is getting scarce”
“I see no objection to the juror’s being received,” Williams
carelessly remarked; satisfied that Titus had not neglected his
duty in that long talk.
“Yes, he is as good a juror as Duke’s can furnish,” observed
Timms, perfectly sure Johnson had turned to account the advantage of having the last word. Trueman was accordingly admitted to the box, as the second man of the twelve. The two
managers of this cause were both right. Titus had crammed
his old acquaintance Trueman with all that was circulating to
the prejudice of the prisoner; expressing surprise when he had
said all he had to say, at hearing that his friend was on the pannel. “Well,” said Titus, as Johnson approached, “if questioned,
you’ll remember I said I didn’t dream of your being a juryman
but, just as like as not, you’ll not be drawn for the case at all.”
On the other hand, Johnson was quite eloquent and pathetic
in giving his old acquaintance the history of Mary Monson’s
case, whom he pronounced “a most injured and parsecuted
woman.” Trueman, a shrewd, managing fellow in general, fancied himself just as impartial and fit to try the cause, after he
had heard the stories of the two men, as he had ever been; but
in this he was mistaken. It requires an unusually clear head,
exceedingly high principles, and a great knowledge of men,
to maintain perfect impartiality in these cases; and certainly
Trueman was not the man to boast of all these rare qualities. In
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JAMES FENIMORE COOPER
general, the last word tells; but it sometimes happens that first
impressions become difficult to eradicate. Such was the fact in
the present instance; Trueman taking his seat in the jury –
box with an exceedingly strong bias against the accused.
We are aware that these are not the colours in which it
is the fashion to delineate the venerable and much vaunted
institution of the jury; certainly a most efficient agent in curtailing the power of a prince; but just as certainly a most irresponsible, vague, and quite often an unprincipled means of
administering the law, when men are not urged to the desire
of doing right by political pressure from without, and are left
to the perverse and free workings of a very evil nature. We represent things as we believe them to exist, knowing that scarce
a case of magnitude occurs in which the ministers of corruption are not at work among the jurors, or a verdict rendered
in which the fingers of the Father of Lies might not be traced,
were the veil removed, and the facts exposed to the light of
day. It is true, that in trials for life, the persecution of the prisoner rarely takes so direct a form as has been represented in
the case of Mary Monson; but the press and the tongue do an
incalculable amount of evil, even in such cases; all the ancient
safeguards of the law having been either directly removed by
ill – considered legislation, or rendered dead – letters by the
“ways of the hour.”
It was regarded as exceedingly good progress to get two jurors into the box, in a capital case, in the first half – hour.
His Honour had evidently resigned himself to a twenty – four
hours’ job; and great was his satisfaction when he saw Wattles and Trueman safely seated on their hard and uncomfort-
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THE WAYS OF THE HOUR
able seats; for it would almost seem that discomfort has been
brought into the court – houses as a sort of auxiliary to the old
practice of starving a jury into a verdict.
Whether it was owing to a suspicion, on the part of Timms,
of the truth in regard to his being over – reached in the case of
Trueman, or to some other cause, he raised no objections to either of the six jurors next called. His moderation was imitated
by Williams. Then followed two peremptory challenges; one
in behalf of the prisoner, and one in behalf of the people, as it
is termed. This was getting on so much better than everybody
expected, that all were in good humour; and it is not exceeding
the truth if we add, in a slight degree more disposed to view
the prisoner and her case with favour. On such trifles do human decisions very often depend.
All this time, fully an hour, did Mary Monson sit in resigned submission to her fate, composed, attentive, and singularly ladylike. The spectators were greatly divided in their
private speculations on her guilt or innocence. Some saw in
her quiet manner, curious interest in the proceedings, and
unchanging colour, proofs not only of a hardened conscience,
but of an experience in scenes similar to that in which she was
now engaged; overlooking all the probabilities, to indulge in
conjectures so severe against one so young.
“Well, gentlemen,” cried the judge, “time is precious. Let
us proceed.”
The ninth juror was drawn, and it proved to be a country
trader of the name of Hatfield. This person was known to be a
man of considerable influence among persons of his own class,
and to have a reputation for judgment, if not for principles.
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JAMES FENIMORE COOPER
“They might as well send the other eleven home, and let Hatfield pronounce the verdict,” whispered one lawyer to another;
“there is no material in that box to withstand his logic.”
“Then he will hold this young woman’s life in his hand,”
was the reply.
“It will be pretty much so. The glorious institution of the
jury is admirably devised to bring about such results.” “You
forget the judge. He has the last word, you will remember.”
“Thank God it is so; else would our condition be terrible!
Lynch law is preferable to laws administered by jurors who
fancy themselves so many legislators.”
“It cannot be concealed that the spirit of the times has invaded the jury – box; and the court has not one – half its ancient
influence. I should not like to have this Hatfield against me.”
It would seem that Williams was of the same way of thinking; for he muttered to himself, desired the juror not to enter
the box, and seemed to be pondering on the course he ought
to pursue. The truth was that he himself had recently sued
Hatfield for debt, and the proceedings had been a little vindictive. One of the dangers that your really skilful lawyer has to
guard against is the personal animosity that is engendered by
his own professional practice. Many men have minds so constituted that their opinions are affected by prejudices thus created; and they do not scruple to transfer their hostility from
the counsel to the cause he is employed to defend. It is consequently incumbent on the prudent lawyer to make his estimate of character with judgment, and be as sure as the nature
of the case will allow, that his client is not to suffer for his own
acts. As hostility to the counsel is not a legal objection to a
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THE WAYS OF THE HOUR
juror, Williams was under the necessity of presenting such as
would command the attention of the court.
“I wish the juror may be sworn true answers to make” said
Williams.
Timms now pricked up his ears; for, if it were of importance for Williams to oppose the reception of this particular
individual, it was probably of importance to Mary Monson to
have him received. On this principle, therefore, he was ready
to resist the attack on the juror, who was at once sworn.
“You reside in the adjoining town of Blackstone, I believe,
Mr. Hatfield?” asked Williams. A simple assent was the reply.
“In practice there, in one of the learned professions?”
Hatfield was certain his interrogator knew better, for Williams had been in his store fifty times; but he answered with
the same innocent manner as that with which the question
was put.
“I’m in trade.”
“In trade! Keep a store, I dare say, Mr. Hatfield?”
“I do and one in which I have sold you hundreds myself.”
A general smile succeeded this sally; and Timms looked
round at the audience, with his nose pointing upwards, as if
he scented his game.
“I dare say I pay as I go,” returned Williams; “and my memory is not loaded with such transactions” “Mr. Williams,” interrupted the judge, a little impatiently, “the time of the court
is very precious.”
“So is the dignity of the outraged laws to the State, your
Honour. We shall soon be through, sir Many people in the
habit of frequenting your store, Mr. Hatfield?”
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JAMES FENIMORE COOPER
“As much so as is usual in the country.”
“Ten or fifteen at a time, on some occasions?” “I dare say
there may be.”
“Has the murder of Peter Goodwin ever been discussed by
your customers in your presence?” “I don’t know but it has
such a thing is very likely; but one hears so much, I can’t say.”
“Did you never join in such a discussion yourself?” “I may,
or I may not.”
“I ask you, now, distinctly, if you had no such discussion on
the 26th of May last, between the hours of eleven and twelve
in the forenoon?”
The sharpness of the manner in which this question was
put, the minuteness of the details, and the particularity of the
interrogatories, quite confounded the juror, who answered accordingly.
“Such a thing might have taken place, and it might not. I do
not remember.” “Is Jonas White (a regular country loafer) in
the habit of being in your store?” “He is it is a considerable
lounge for labouring men.”
“And Stephen Hook?”
“Yes; he is there a good deal of his time.”
“Now, I beg you to remember did not such a conversation take place, in which you bore a part, between the hours
of eleven and twelve in the forenoon; White and Hook being
present?”
Hatfield seemed perplexed. He very conscientiously desired to tell the truth, having nothing to gain by an opposite
course; but he really had no recollection of any such discussion, as well might be the case; no such conversation ever hav-
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THE WAYS OF THE HOUR
ing taken place. Williams knew the habits of the loafers in
question, had selected the time a little at random, and adopted
the particularity merely as a means of confounding the juror,
of whom he was seriously afraid.
“Such a thing may have happened,” answered Hatfield, after a pause “I don’t remember.”
“It may have happened Now, sir, allow me to ask you if, in
that conversation, you did not express an opinion that you did
not, and could not believe that a lady educated and delicate, like
the prisoner at the bar, did, or would, under any circumstances,
commit the offence with which Mary Monson is charged?”
Hatfield grew more and more confounded; for Williams’s
manner was more and more confident and cool. In this state of
feeling he suffered the reply to escape him
“I may have said as much it seems quite natural.”
“I presume, after this,” observed Williams, carelessly, “your
Honour will order the juror not to enter the box?” “Not so fast
not so fast, brother Williams,” put in Timms, who felt it was
now his turn to say a word, and who was thumbing a small
pocket – almanac very diligently the while.
“This discussion, I understand the learned gentleman, took
place in the juror’s store?”
“It did, sir,” was the answer “a place where such discussions are very apt to occur. Hook and White loaf half their
time away in that store.”
“All quite likely very likely to happen Mr. Hatfield, do you
open your store on the Sabbath?” “Certainly notI am very particular to do nothing of the sort.”
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JAMES FENIMORE COOPER
“A church – member, I suppose, sir?” “An undeserving
one, sir.”
“Never, on any account, in the practice of opening your
store of a Sabbath, I understand you to say?” “Never, except in
cases of sickness. We must all respect the wants of the sick.”
“Are Hook and White in the habit of loafing about on your
premises of a Sunday?”
“Never I wouldn’t tolerate it. The store is a public place of a
week – day, and they can come in if they please; but I wouldn’t
tolerate such visits on the Sabbath.”
“Yet, if the court please, the 26th of last May happened to
fall on the Sabbath day! My brother Williams forgot to look
into the almanac before he made up his brief.”
Here Timms sat down, cocking his nose still higher, quite
certain of having made a capital hit towards his views on the
Senate, though he actually gained nothing for the cause. There
was a general simper in the audience; and Williams felt that
he had lost quite as much as his opponent had gained.
“Well, gentlemen, time is precious let us get on,” interposed
the judge”Is the juror to enter the box or not?”
“I trust a trifling mistake as to the day of the month is not
about to defeat the ends of justice,” answered Williams, raising
himself higher on his stilts, as he found himself sinking lower
in his facts. “I put it on the 26th by a miscalculation, I can now
see. It was probably on the 25thSaturday is the loafer’s holiday;
yes, it must have been on Saturday the 25th that the conversation took place.” “Do you remember this fact, juror?”
“I remember, now so much has been said on the subject,”
answered Hatfield, firmly, “that I was not at home at all be-
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