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THE WAYS OF THE HOUR
counsel. He was a safe adviser, nevertheless, in matters of this
sort; but Mary Monson was not accustomed so much to follow
the leadings of others, as to submit to her own impulses.
The sisters of Burton were next examined. They proved all
the admitted facts; testified as to the stocking and its contents;
and two of them recognised the piece of gold which was said
to have been found in Mary Monson’s purse, as that which had
once been the property of Dorothy Goodwin. On this head,
the testimony of each was full, direct, and explicit. Each had
often seen the piece of gold, and they had noted a very small
notch or scratch near the edge, which notch or scratch was visible on the piece now presented in court. The cross – examination failed to shake this testimony, and well it might, for every
word these young women stated was strictly true. The experiment of placing the piece of coin among other similar coin,
failed with them. They easily recognized the true piece by the
notch. Timms was confounded; Dunscomb looked very grave;
Williams raised his nose higher than ever; and Mary Monson
was perfectly surprised. When the notch was first mentioned,
she arose, advanced far enough to examine the coin, and laid
her hand on her forehead, as if she pondered painfully on
the circumstance. The testimony that this was the identical
piece found in her purse was very ample, the coin having been
sealed up and kept by the coroner, who had brought it into
court; while it must now be admitted that a very strong case
was made out to show that this foreign coin had once been
among the hoards of Dorothy Goodwin. A very deep impression was made by this testimony, on all who heard it, including the court, the bar, the jury and the audience. Every person
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JAMES FENIMORE COOPER
present, but those who were in the immediate confidence of
the accused, was firmly convinced of Mary Monson’s guilt. Perhaps the only other exceptions to this mode of thinking were
a few experienced practitioners, who, from long habit, knew
the vast importance of hearing both sides, before they made up
their minds in a matter of so much moment.
We shall not follow Dunscomb through his long and arduous cross – examination of the sisters of Burton; but confine
ourselves to a few of the more pertinent of the interrogatories
that he put to the eldest, and which were duly repeated when
the other two were placed on the stand.
“Will you name the persons dwelling in the house of the
Goodwins at the time of the fire?” asked Dunscomb. “There
were the two old folks, this Mary Monson, and a German
woman named Yetty (Jette), that aunt Dorothy took in to wait
on her boarders.”
“Was Mrs. Goodwin your aunt, then?”
“No; we wasn’t related no how; but, being such near neighbours, and she so old, we just called her aunt by way of a compliment.”
“I understand that,” said Dunscomb, arching his brows “I
am called uncle, and by very charming young persons, on the
same principle. Did you know much of this German?”
“I saw her almost every day for the time she was there, and
talked with her as well as I could; but she spoke very little English. Mary Monson was the only person who could talk with
her freely; she spoke her language.”
“Had you much acquaintance with the prisoner at the
bar?”
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THE WAYS OF THE HOUR
“I was some acquainted; as a body always is, when they live
such near neighbours.” “Were your conversations with the
prisoner frequent, or at all confidential?”
“To own the truth, I never spoke to her in my life. Mary
Monson was much too grand for me.”
Dunscomb smiled; he understood how common it was for
persons in this country to say they are “well acquainted” with
this or that individual, when their whole knowledge is derived
from the common tongue. An infinity of mischief is done by
this practice; but the ordinary American who will admit that
he lives near any one, without having an acquaintance with
him, if acquaintance is supposed to confer credit, is an extraordinary exception to a very general rule. The idea of being “too
grand” was of a nature to injure the prisoner and to impair her
rights; and Dunscomb deemed it best to push the witness a
little on this point.
“Why did you think Mary Monson was `too grand’ for you?”
he demanded. “Because she looked so.”
“How did she look? In what way does or did her looks indicate that she was, or thought herself `too grand’ for your association?”
“Is this necessary, Mr. Dunscomb?” demanded the judge.
“I beg your honour will suffer the gentleman to proceed,”
put in Williams, cocking his nose higher than ever, and looking round the court – room with an air of intelligence that
the great York counsellor did not like. “It is an interesting subject; and we poor, ignorant, Duke’s county folks, may get useful
ideas, to teach us how to look `too grand!”’
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JAMES FENIMORE COOPER
Dunscomb felt that he had made a false step; and he had
the self – command to stop.
“Had you any conversation with the German woman?” he
continued, bowing slightly to the judge to denote submission
to his pleasure.
“She couldn’t talk English. Mary Monson talked with her. I
didn’t, to any account.” “Were you at the fire?”
“I was.”
“Did you see anything of this German during the fire, or
afterwards?” “I didn’t. She disappeared, unaccountable!”
“Did you visit the Goodwins as often after Mary Monson
came to live with them, as you had done previously?” “I didn’t
grand looks and grand language isn’t agreeable to me.”
“Did Mary Monson ever speak to you?”
“I think, your honour,” objected Williams, who did not like
the question, “that this is travelling out of the record.” “Let the
gentleman proceed time is precious, and a discussion would
lose us more of it than to let him proceed go on, Mr. Dunscomb.”
“Did Mary Monson ever speak to you?” “She never did, to
my knowledge.”
“What, then, do you mean by `grand language?”’
“Why, when she spoke to aunt Dorothy, she didn’t speak
as I was used to hear folks speak.” “In what respect was the difference?”
“She was grander in her speech, and more pretending like.”
“Do you mean louder?”
“No perhaps she wasn’t as loud as common but ‘twas more
like a book, and uncommon.”
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THE WAYS OF THE HOUR
Dunscomb understood all this perfectly, as well as the feeling which lay at its bottom, but he saw that the jury did not;
and he was forced to abandon the inquiry, as often happens on
such occasions, on account of the ignorance of those to whom
the testimony was addressed. He soon after abandoned the
cross – examination of the sister of Burton; when his wife was
brought upon the stand by the prosecution.
This woman, coming from a different stock, had none of
the family characteristics of the sisters. As they were garrulous,
forward, and willing enough to testify, she was silent, reserved
in manner, thoughtful, and seemingly so diffident that she
trembled all over, as she laid her hand on the sacred volume.
Mrs. Burton passed for a very good woman among all who
dwelt in or near Biberry; and there was much more confidence
felt in her revelations than in those of her sisters – in – law.
Great modesty, not to say timidity of manner, an air of singular candour, a low, gentle voice, and an anxious expression of
countenance, as if she weighed the import of every syllable she
uttered, soon won for this witness the sympathy of all present,
as well as perfect credence. Every word she uttered had a direct
influence on the case; and this so much the more since she
testified reluctantly, and would gladly have been permitted to
say nothing.
The account given by Mrs. Burton, in her examination in
chief, did not materially differ from that previously stated by
her sisters – in – law. She knew more, in some respects, than
those who had preceded her, while, in others, she knew less.
She had been more in the confidence of Dorothy Goodwin
than any other member of her family, had seen her oftener,
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JAMES FENIMORE COOPER
and knew more of her private affairs. With the stocking and
its contents she admitted that she was familiarly acquainted.
The gold exceeded twelve hundred dollars in amount; she had
counted it, in her own hands. There was paper, also, but she did
not know how much, exactly, as Dorothy kept that very much
to herself. She knew, however, that her neighbours talked of
purchasing a farm, the price of which was quite five thousand
dollars, a sum that Dorothy often talked of paying down. She
thought the deceased must have had money to that amount, in
some form or other.
On the subject of the piece of gold found in Mary Monson’s
purse, Mrs. Burton gave her testimony with the most amiable
discretion. Every one compared the reserve and reluctance of
her manner most favourably with the pert readiness of Mrs.
Pope and the sisters. This witness appeared to appreciate the
effect of all she said, and uttered the facts she knew with a
gentleness of manner that gave great weight to her testimony.
Dunscomb soon saw that this was the witness the defence had
most reason to dread, and he used the greatest care in having
every word she said written out with precision.
Mrs. Burton swore point blank to the piece of notched gold,
although she fairly trembled as she gave her testimony. She
knew it was the very piece that she had often seen in Dorothy
Goodwin’s possession; she had examined it, at least a dozen
times, and could have selected it among a thousand similar
coins, by means of its private marks. Besides the notch, there
was a slight defect in the impression of the date. This had been
pointed out to her by Dorothy Goodwin herself, who had said
it was a good mark by which to know the piece, should it be
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THE WAYS OF THE HOUR
stolen. On this head, the witness’s testimony was firm, clear,
and full. As it was corroborated by so much other evidence, the
result was a deep and very general impression of the prisoner’s
guilt.
It was late when the examination in chief of Mrs. Burton terminated. She stated that she was much fatigued, and
was suffering under a severe headache; and Williams asked,
in her behalf, that the court would adjourn over, until next
day, ere the cross – examination was gone into. This suited
Dunscomb’s views altogether, for he knew he might lose an
essential advantage by allowing the witness a night to arrange
her thoughts, pending so searching a process. There being no
resistance on the part of the prisoner, to the request of the
prosecution, the judge so far waived his regard for the precious
time of the court, as to consent to adjourn at eight o’clock in
the evening, instead of pushing the case to ten or eleven. As a
consequence the jurors took their rest in bed, instead of sleeping in the jury – box.
Dunscomb left the court – house, that night, dejected, and
with no great expectation of the acquittal of his client. Timms
had a better feeling, and thought nothing had yet appeared
that might not be successfully resisted.
487
CHAPTER XXVI
“I’ve not wrong’d her.”
“Far be it from my fears.”
“Then why this argument?”
“My lord, my nature’s jealous, and you’ll bear it.”
Otway.
So great was the confidence of Sarah Wilmeter and Anna
Updyke in the innocence of their friend, that almost every step
that the trial advanced, appeared to them as so much progress
towards an eventual acquittal. It was perhaps a little singular,
that the party most interested, she who knew her own guilt or
innocence, became dejected, and for the first half hour after
they had left the court – room, she was silent and thoughtful. Good Mrs. Gott was quite in despair, and detained Anna
Updyke, with whom she had established a sort of intimacy,
as she opened the door of the gallery for the admission of the
party, in order to say a word on the subject that lay nearest to
her heart.
“Oh! Miss Anna,” said the sheriff’s wife, “it goes from bad
to worse! It was bad enough last evening, and it is worse tonight.”
“Who tells you this, Mrs. Gott? So far from thinking as you
do, I regard it as appearing particularly favourable.” “You must
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THE WAYS OF THE HOUR
have heard what Burton said, and what his wife said, too. They
are the witnesses I dread.”
“Yes, but who will mind what such persons say! I am sure
if fifty Mr. and Mrs. Burtons were to testify that Mary Monson
had taken money that did not belong to her, I should not believe them.”
“You are not a Duke’s county jury! Why, Miss Anna, these
men will believe almost anything you tell them. Only swear to
it, and there’s no accounting for their credulity. No; I no more
believe in Mary Monson’s guilt, than I do in my own; but law
is law, they say, and rich and poor must abide by it.”
“You view the matter under a false light, my kind – hearted
Mrs. Gott, and after a night’s rest will see the case differently.
Sarah and I have been delighted with the course of things. You
must have remarked no one said that Mary Monson had been
seen to set fire to the house, or to harm the Goodwins, or to
touch their property, or to do anything that was wrong; and of
course she must be acquitted.”
“I wish that piece of gold had not been found in her pocket!
It’s that which makes all the trouble.”
“I think nothing of that, my good friend. There is nothing remarkable in two pieces of money having the same marks
on them; I have seen that often, myself. Besides, Mary Monson
explains all that, and her declaration is as good as that of this
Mrs. Burton’s, any day.”
“Not in law, Miss Anna; no, not in law. Out of doors it might
be much better, and probably is; but not in court, by what they
tell me. Gott says it is beginning to look very dark, and that
we, in the gaol, here, must prepare for the very worst. I tell
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JAMES FENIMORE COOPER
him, if I was he, I’d resign before I’d execute such a beautiful
creature!”
“You make me shudder with such horrid thoughts, Mrs.
Gott, and I will thank you to open the door. Take courage; we
shall never have to lament such a catastrophe, or your husband to perform so revolting a duty.”
“I hope not I’m sure I hope not, with all my heart. I would
prefer that Gott should give up all hopes of ever rising any
higher, than have him do this office. One never knows, Miss
Anna, what is to happen in life, though I was as happy as a
child when he was made sheriff. If my words have any weight
with him, and he often says they have, I shall never let him
execute Mary Monson. You are young, Miss Anna; but you’ve
heard the tongue of flattery, I make no doubt, and know how
sweet it is to woman’s ear.”
Mrs. Gott had been wiping her eyes with one hand, and
putting the key into the lock with the other, while talking, and
she now stood regarding her young companion with a sort of
motherly interest, as she made this appeal to her experience.
Anna blushed `rosy red,’ and raised her gloved hand to turn
the key, as if desirous of getting away from the earnest look of
the matron.
“That’s just the way with all of us, Miss Anna!” continued
Mrs. Gott. “We listen, and listen, and listen; and believe, and
believe, and believe, until we are no longer the gay, light –
hearted creatures that we were, but become mopy, and sighful, and anxious, to a degree that makes us forget father and
mother, and fly from the paternal roof.”
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