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THE WAYS OF THE HOUR
“Will you have the kindness, now, to let me into the gaol?”
said Anna, in the gentlest voice imaginable.
“In a minute, my dear I call you my dear, because I like you;
for I never use what Gott calls `high flown.’ There is Mr. John
Wilmeter, now, as handsome and agreeable a youth as ever
came to Biberry. He comes here two or three times a day, and
sits and talks with me in the most agreeable way, until I’ve got
to like him better than any young man of my acquaintance. He
talks of you, quite half the time; and when he is not talking of
you, he is thinking of you, as I know by the way he gazes at this
very door.”
“Perhaps his thoughts are on Mary Monson,” answered
Anna, blushing scarlet. “You know she is a sort of client of his,
and he has been here in her service, for a good while.”
“She hardly ever saw him; scarcely ever, except at this grate.
His foot never crossed this threshold, until his uncle came;
and since, I believe he has gone in but once. Mary Monson is
not the being he worships.”
“I trust he worships the Being we all worship, Mrs. Gott,”
struggling gently to turn the key, and succeeding. “It is not for
us poor frail beings to talk of being worshipped.”
“Or of worshipping, as I tell Gott,” said the sheriff’s wife,
permitting her companion to depart. Anna found Mary Monson and Sarah walking together in the gallery, conversing earnestly.
“It is singular that nothing reaches us from Michael Millington!” exclaimed the last, as Anna interlocked arms with
her, and joined the party. “It is now near eight – and – forty
hours since my uncle sent him to town.”
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JAMES FENIMORE COOPER
“On my business?” demanded Mary Monson, quickly.
“Certainly; on no other though what it was that took him
away so suddenly, I have not been told. I trust you will be able
to overturn all that these Burtons have said, and to repair the
mischief they have done?”
“Fear nothing for me, Miss Wilmeter,” answered the prisoner, with singular steadiness of manner “I tell you, as I have
often told your friend, I must be acquitted. Let justice take its
course, say I, and the guilty be punished. I have a clue to the
whole story, as I believe, and must make provision for tomorrow. Do you two, dear, warm – hearted friends as you are, now
leave me; and when you reach the inn, send Mr. Dunscomb
hither, as soon as possible. Not that Timms; but noble, honest, upright Mr. Dunscomb. Kiss me, each of you, and so good
night. Think of me in your prayers. I am a great sinner, and
have need of your prayers.”
The wishes of Mary Monson were obeyed, and the young
ladies left the gaol for the night. Ten minutes later Dunscomb
reached the place, and was admitted. His conference with his
client was long, intensely interesting, and it quite unsettled
the notions he had now, for some time, entertained of her
guilt. She did not communicate any thing concerning her past
life, nor did she make any promises on that subject; but she did
communicate facts of great importance, as connected with the
result of her trial. Dunscomb left her, at a late hour, with views
entirely changed, hopes revived, and his resolution stimulated.
He made ample entries in his brief; nor did he lay his head on
his pillow until it was very late.
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THE WAYS OF THE HOUR
The little court – house bell rang as usual, next morning, and judge, jurors, witnesses, lawyers, and the curious in
general, collected as before, without any ceremony, though in
decent quiet. The case was now getting to be so serious, that
all approached it as truly a matter of life and death; even the
reporters submitting to an impulse of humanity, and viewing
the whole affair less in a business point of view, than as one
which might carry a singularly gifted woman into the other
world. The first act of the day opened by putting Mrs. Burton
on the stand, for her cross – examination. As every intelligent
person present understood that on her testimony depended
the main result, the fall of a pin might almost have been heard,
so profound was the general wish to catch what was going on.
The witness, however, appeared to be calm, while the advocate
was pale and anxious. He had the air of one who had slept little
the past night. He arranged his papers with studied care, made
each movement deliberately, compressed his lips, and seemed
to be bringing his thoughts into such a state of order and distinctness that each might be resorted to as it was needful. In
point of fact, Dunscomb foresaw that a human life depended
very much on the result of this cross – examination, and like
a conscientious man, he was disposed to do his whole duty. No
wonder, then, that he paused to reflect, was deliberate in his
acts, and concentrated in feeling.
“We will first give our attention to this piece of gold, Mrs.
Burton,” the counsel for the prisoner mildly commenced, motioning to the coroner, who was in court, to show the witness
the piece of money so often examined. “Are you quite certain
493
JAMES FENIMORE COOPER
that it is the very coin that you saw in the possession of Mrs.
Goodwin?”
“Absolutely certain, sir. As certain as I am of anything in
the world.”
“Mrs. Burton, I wish you to remember that the life of the
prisoner at the bar will, most probably, be affected by your testimony. Be kind enough, then, to be very guarded and close in
your answers. Do you still say that this is the precise coin that
you once saw in Mrs. Goodwin’s stocking?”
The witness seemed suddenly struck with the manner of
the advocate. She trembled from head to foot. Still, Dunscomb
spoke mildly, kindly even; and the idea conveyed in the present, was but a repetition of that conveyed in the former question. Nevertheless, those secret agencies, by means of which
thought meets thought, unknown to all but their possessors;
that set in motion, as it might be, all the covert currents of
the mind, causing them to flow towards similar streams in the
mind of another, were now at work, and Dunscomb and the
witness had a clue to each other’s meaning that entirely escaped the observation of all around them. There is nothing
novel in this state of secret intelligence. It doubtless depends
on a mutual consciousness, and a common knowledge of certain material facts, the latter being applied by the former, with
promptitude and tact. Notwithstanding her sudden alarm, and
the change it brought over her entire manner, Mrs. Burton
answered the question as before; what was more, she answered
it truly. The piece of gold found in Mary Monson’s purse, and
now in possession of the coroner, who had kept it carefully, in
order to identify it, had been in Dorothy Goodwin’s stocking.
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THE WAYS OF THE HOUR
“Quite certain, sir. I know that to be the same piece of money that I saw, at different times, in Mrs. Goodwin’s stocking.”
“Did you ever have that gold coin in your own hand, Mrs.
Burton, previously to this trial?”
This was a very natural and simple interrogatory; one that
might be, and probably was, anticipated; yet it gave the witness uneasiness, more from the manner of Dunscomb, perhaps, than from anything in the nature of the inquiry itself.
The answer, however, was given promptly, and, as before, with
perfect truth.
“On several occasions, sir. I saw that notch, and talked with
Mrs. Goodwin about it, more than once.” “What was the substance of Mrs. Goodwin’s remarks, in relation to that notch?”
“She asked me, one time, if I thought it lessened the weight
of the coin; and if so, how much I thought it might take away
from its value?”
“What was your answer?”
“I believe I said I did not think it could make any great difference.”
“Did Mrs. Goodwin ever tell you how, or where, she got
that piece of money?” “Yes, sir, she did. She told me it came
from Mary Monson.”
“In pay for board; or, for what purpose did it pass from one
to the other?”
This, too, was a very simple question, but the witness no
longer answered promptly. The reader will remember that
Mary Monson had said, before the coroner, that she had two
of these coins, and that she had given one of them to the poor
unfortunate deceased, and had left the other in her own purse.
495
JAMES FENIMORE COOPER
This answer had injured the cause of the accused, inasmuch as
it was very easy to tell such a tale, while few in Biberry were disposed to believe that gold passed thus freely, and without any
consideration, from hand to hand. Mrs. Burton remembered
all this, and, for a reason best known to herself, she shrunk a
little from making the required reply. Still she did answer this
question also, and answered it truly.
“I understood aunt Dolly to say that Mary Monson made
her a present of that piece of money.”
Here Timms elevated his nose, and looked around him in
a meaning manner, that appealed to the audience to know if
his client were not a person of veracity. Sooth to say, this answer made a strong impression in favour of the accused, and
Dunscomb saw with satisfaction that, in – so – much, he had
materially gained ground. He was not a man to gain it, however, by dramatic airs; he merely paused for a few moments, in
order to give full effect to this advantage.
“Mrs. Goodwin, then, owned to you that she had the coin
from Mary Monson, and that it was a present?” was the next
question.
“She did, sir.”
“Did she say anything about Mary Monson’s having another piece of money, like the one before you, and which was
given by her to Dorothy Goodwin?”
A long pause succeeded. The witness raised a hand to her
brow, and appeared to meditate. Her reputation for taciturnity and gravity of deportment was such, that most of those in
court believed she was endeavouring to recollect the past, in
order to say neither more nor less than the truth. In point of
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THE WAYS OF THE HOUR
fact, she was weighing well the effect of her words, for she was
a person of extreme caution, and of great reputed probity of
character. The reply came at length
“She did speak on the subject,” she said, “and did state
something of the kind.”
“Can you recollect her words if so, give them to the jury if
not her very words, their substance.”
“Aunt Dolly had a way of her own in talking, which makes
it very difficult to repeat her precise words; but she said, in
substance, that Mary Monson had two of these pieces of money, one of which was given to her.”
“Mary Monson, then, kept the other?” “So I understood it,
sir.”
“Have you any knowledge yourself, on this subject? If so,
state it to the jury.”
Another pause, one even longer than before, and again the
hand was raised to the brow. The witness now spoke with extreme caution, seeming to feel her way among the facts, as a cat
steals on its prey.
“I believe I have a little some I have seen Mary Monson’s
purse, and I believe I saw a piece of money in it which resembled this.”
“Are you not certain of the fact?” “Perhaps I am.”
Here Dunscomb’s face was lighted with a smile; he evidently was encouraged.
“Were you present, Mrs. Burton, when Mary Monson’s
purse was examined, in presence of the inquest?” “I was.”
“Did you then see its contents?”
“I did” after the longest pause of all.
497
JAMES FENIMORE COOPER
“Had you that purse in your hand, ma’am?”
The brow was once more shaded, and the recollection
seemingly taxed.
“I think I had. It was passed round among us, and I believe
that I touched it, as well as others.” “Are you not certain that
you did so?”
“Yes, sir. Now, I reflect, I know that I did. The piece of money found in Mary Monson’s purse, was passed from one to another, and to me, among the rest.”
“This was very wrong,” observed his honour.
“It was wrong, sir; but not half as wrong as the murders and
arson,” coolly remarked Williams. “Go on, gentlemen time is
precious.”
“Now, Mrs. Burton, I wish to ask you a very particular question, and I beg that your answer may be distinct and guarded
did you ever have access to the piece of gold found, or said to
be found, in Mary Monson’s purse, except on the occasion of
the inquest?”
The longest pause of all, and the deepest shading of the
brow. So long was the self – deliberation this time, as to excite
a little remark among the spectators. Still, it was no more than
prudent to be cautious, in a cause of so much importance.
“I certainly have, sir,” was the reply that came at last. “I
saw it in Dorothy Goodwin’s stocking, several times; had it in
my hand, and examined it. This is the way I came to discover
the notch. Aunt Dolly and I talked about that notch, as I have
already told the court.”
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THE WAYS OF THE HOUR
“Quite true, ma’am, we remember that; all your answers are
carefully written out “ “I’m sure nothing that I have said can
be written out, which is not true, sir.”
“We are to suppose that. And now, ma’am, permit me to ask
if you ever saw that piece of money at any other time than at
those you have mentioned. Be particular in the answer.”
“I may,” after a long pause. “Do you not know?”
“I do not, sir.”
“Will you say, on your oath, that you cannot recollect any
one occasion, other than those you have mentioned, on which
you have seen and handled that piece of money?”
“When aunt Dolly showed it to me, before the coroner,
and here in court. I recollect no other time.”
“Let me put this question to you again, Mrs. Burton recalling the solemnity of the oath you have taken have you, or have
you not, seen that piece of money on any other occasion than
those you have just mentioned?”
“I do not remember ever to have seen it at any other time,”
answered the woman, firmly.
Mary Monson gave a little start, and Dunscomb appeared
disappointed. Timms bit his lip, and looked anxiously at the
jury, while Williams once more cocked his nose, and looked
around him in triumph. If the witness spoke the truth, she was
now likely to adhere to it; if, on the other hand, there were
really any ground for Dunscomb’s question, the witness had
passed the Rubicon, and would adhere to her falsehood even
more tenaciously than she would adhere to the truth. The
remainder of this cross – examination was of very little im-
499
JAMES FENIMORE COOPER
portance. Nothing further was obtained from the witness that
went to shake her testimony.
Our limits will not permit a detailed account of all the
evidence that was given in behalf of the prosecution. All that
appeared before the inquest was now introduced, methodized
and arranged by Williams; processes that rendered it much
more respectable than it had originally appeared to be. At
length it came to the turn of the defence to open. This was a
task that Dunscomb took on himself, Timms, in his judgment,
being unequal to it. His opening was very effective, in the way
of argument, though necessarily not conclusive, the case not
making in favour of his client.
The public expected important revelations as to the past
history of the prisoner, and of this Timms had apprised Dunscomb. The latter, however, was not prepared to make them.
Mary Monson maintained all her reserve, and Millington did
not return. The cause was now so far advanced as to render it
improbable that any facts, of this nature, could be obtained
in sufficient season to be used, and the counsel saw the necessity of giving a new turn to this particular point in the
case. He consequently complained that the prosecution had
neglected to show anything in the past life of the accused to
render it probable she had been guilty of the offences with
which she was charged. “Mary Monson appears here,” he went
on to say, “with a character as fair as that of any other female
in the community. This is the presumption of law, and you will
truly regard her, gentlemen, as one that is innocent until she
is proved to be guilty.” The inference drawn from the silence
of the prosecution was not strictly logical, perhaps; but Dun-
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