Добавил:
ivanov666
Опубликованный материал нарушает ваши авторские права? Сообщите нам.
Вуз:
Предмет:
Файл:The Ways of The Hour
.pdf
THE WAYS OF THE HOUR
“Call it what you please, so you do but go. Be active, young
gentlemen, for we have no time to throw away. The jury meet
again at two, and we have several hours of road before us. I will
run round and look at my slate, and be here by the time you
are ready.
On this suggestion everybody was set in active motion.
John went for his books, and to fill a small rubber bag for himself; Michael did the same, and Sarah was busy in her uncle’s
room. As for Dunscomb, he made the necessary disposition of
some papers, wrote two or three notes, and held himself at the
command of his friend. This affair was just the sort of professional business in which he liked to be engaged. Not that he
had any sympathy with crime, for he was strongly averse to all
communion with rogues; but it appeared to him, by the representations of the doctor, to be a mission of mercy. A solitary,
young, unfriended female, accused, or suspected, of a most heinous crime, and looking around for a protector and an adviser,
was an object too interesting for a man of his temperament to
overlook, under the appeal that had been made. Still he was
not the dupe of his feelings. All his coolness, sagacity, knowledge of human nature, and professional attainments, were just
as active in him as they ever had been in his life. Two things he
understood well: that we are much too often deceived by outward signs, mistaking character by means of a fair exterior, and
studied words, and that neither youth, beauty, sex, nor personal graces were infallible preventives of the worst offences,
on the one hand; and that, on the other, men nurture distrust,
and suspicion, often, until it grows too large to be concealed, by
means of their own propensity to feed the imagination and to
51
JAMES FENIMORE COOPER
exaggerate. Against these two weaknesses he was now resolved
to arm himself; and when the whole party drove from the door,
our counsellor was as clear – headed and impartial, according
to his own notion of the matter, as if he were a judge.
By this time the young men had obtained a general notion
of the business they were on, and the very first subject that was
started, on quitting the door, was in a question put by John
Wilmeter, in continuation of a discussion that had been commenced between himself and his friend.
“Mike and I have a little difference of opinion, on a point
connected with this matter, which I could wish you to settle
for us, as an arbiter. On the supposition that you find reason
to believe that this young woman has really committed these
horrible crimes, what would be your duty in the case to continue to befriend her, and advise
her, and use your experience and talents in order to shield
her against the penalties of the law, or to abandon her at
once?”
“In plain English, Jack, you and your brother student wish
to know whether I am to act as a palladium, or as a runagate,
in this affair. As neophytes in your craft, it may be well to suggest to you, in the first place, that I have not yet been fee’d. I
never knew a lawyer’s conscience trouble him about questions
in casuistry, until he had received something down.”
“But you can suppose that something paid, in this case, sir,
and then answer our question.”
“This is just the case in which I can suppose nothing of the
sort. Had McBrain given me to understand I was to meet a client, with a well – lined purse, who was accused of arson and
52
THE WAYS OF THE HOUR
murder, I would have seen him married to two women, at the
same time, before I would have budged. It’s the want of a fee
that takes me out of town, this morning.”
“And the same want, I trust, sir, will stimulate you to solve
our difficulty.”
The uncle laughed, and nodded his head, much as if he
would say, “Pretty well for you;” then he gave a thought to the
point in professional ethics that had started up between his
two students.
“This is a very old question with the profession, gentle-
men,” Dunscomb answered, a little more gravely. “You will
find men who maintain that the lawyer has, morally, a right
to do whatever his client would do; that he puts himself in the
place of the man he defends, and is expected to do everything
precisely as if he were the accused party himself. I rather think
that some vague notion, quite as loose as this, prevails pretty
generally among what one may call the minor moralists of the
profession.”
“I confess, sir, that I have been given to understand that
some such rule ought to govern our conduct,” said Michael
Millington, who had been in Dunscomb’s office only for the
last six months.
“Then you have been very loosely and badly instructed in
the duties of an advocate, Mr. Michael. A more pernicious doctrine was never broached, or one better suited to make men
scoundrels. Let a young man begin practice with such notions,
and two or three thieves for clients will prepare him to commit petit larceny, and a case or two of perjury would render
him an exquisite at an affidavit. No, my boys, here is your rule
53
JAMES FENIMORE COOPER
in this matter: an advocate has a right to do whatever his client
has a right to do not what his client would do.”
“Surely, sir, an advocate is justified in telling his client to
plead not guilty, though guilty; and in aiding him to persuade
a jury to acquit him, though satisfied himself he ought to be
convicted!”
“You have got hold of the great point in the case, Jack, and
one on which something may be said on both sides. The law is
so indulgent, as to permit an accused who has formally pleaded
`guilty,’ thus making a distinct admission of his crime, to withdraw that plea, and put in another of `not guilty.’ Now, had
the same person made a similar admission out of court, and
under circumstances that put threats or promises out of the
question, the law would have accepted that admission as the
best possible evidence of his guilt. It is evident, therefore, that
an understanding exists, to which the justice of the country is
a party, that a man, though guilty, shall get himself out of the
scrape, if he can do so by legal means. No more importance is
attached to the `not guilty,’ than to the `not at home’ to a visitor; it being understood, by general convention, that neither
means anything. Some persons are so squeamish, as to cause
their servants to say `they are engaged,’ by way of not telling a
lie; but a lie consists in the intentional deception, and `not in’
and `not guilty’ mean no more, in the one case, than `you can’t
see my master,’ and in the other, than `I’ll run the chances of
a trial.”’
“After all, sir, this is going pretty near the wind, in the way
of morals.”
54
THE WAYS OF THE HOUR
“It certainly is. The Christian man who has committed a
crime, ought not to attempt to deny it to his country, as he
certainly cannot to his God. Yet, nine hundred and ninety –
nine in a thousand of the most strait – laced Christians in the
community would so deny their guilt, if arraigned. We must
not tax poor human nature too heavily, though I think the
common law contains many things, originating in a jealousy
of hereditary power, that it is great folly for us to preserve. But,
while we are thus settling principles, we forget facts. You have
told me nothing of your client, Ned.”
“What would you wish to know?”
“You called her young, I remember; what may be her pre-
cise age?”
“That is more than I know; somewhere between sixteen
and five – and – twenty.” “Five – and – twenty! Is she as old
as that?”
“I rather think not; but I have been thinking much of her
this morning, and I really do not remember to have seen another human being who is so difficult to describe.”
“She has eyes, of course?”
“Twoand very expressive they are; though, sworn, I could
not tell their colour.” “And hair?”
“In very great profusion; so much of it, and so very fine and
shining, that it was the first thing about her person which I
observed. But I have not the least notion of its colour.”
“Was it red?”
“No; nor yellow, nor golden, nor black, nor brown, and yet
a little of all blended together, I should say.” “Ned, I’ll tell the
Widow Updyke of thee, thou rogue!”
55
JAMES FENIMORE COOPER
“Tell her, and welcome. She has asked me all these ques-
tions herself, this very morning.”
“Oh, she has, has she? Umph! Woman never changes her
nature. You cannot say anything about the eyes, beyond the
fact of their being very expressive?”
“And pleasing; more than that, evenengaging; winning, is
a better term.”
“Ned, you dog, you have never told the widow one –
half!”
“Every syllable. I even went farther, and declared I had nev-
er beheld a countenance that, in so short an interview, made
so deep an impression on me. If I were not to see this young
woman again, I should never forget the expression of her face
so spirited, so sad, so gentle, so feminine, and so very intelligent. It seemed to me to be what I should call an illuminated
countenance.”
“Handsome?”
“Not unusually so, among our sweet American girls, except
through the expression. That was really wonderful; though,
you will remember, I saw her under very peculiar circumstances.”
“Oh, exceedingly peculiar. Dear old soul; what a thump she
has given him! How were her mouth and her teeth? complexion, stature, figure, and smile?”
“I can tell you little of all these. Her teeth are fine; for she
gave me a faint smile, such as a lady is apt to give a man in
quitting him, and I saw just enough of the teeth to know that
they are exceedingly fine. You smile, young gentlemen; but
you may have a care for your hearts, in good truth; for if this
56
THE WAYS OF THE HOUR
strange girl interests either of you one – half as much as she
has interested me, she will be either Mrs. John Wilmeter, or
Mrs. Michael Millington, within a twelvemonth.”
Michael looked very sure that she would never fill the last
situation, which was already bespoke for Miss Sarah Wilmeter;
and as for Jack, he laughed outright.
“We’ll tell Mrs. Updyke of him, when we get back, and
break off that affair, at least,” cried the uncle, winking at the
nephew, but in a way his friend should see him; “then there
will be one marriage the less in the world.”
“But is she a lady, doctor?” demanded John, after a short
pause. “My wife must have some trifling claims in that way, I
can assure you.”
“As for family, education, association and fortune, I can say
nothing, I know nothing. Yet will I take upon myself to say she
is a lady, and that, in the strict signification of the term.”
“You are not serious now, Ned!” exclaimed the counsellor,
quickly. “Not a bony fide, as some of our gentlemen have it?
You cannot mean exactly what you say.”
“I do, though; and that literally.”
“And she suspected of arson and murder! Where are her
connections and friends, those who made her a lady? Why is
she there alone, and, as you say, unfriended?”
“So it seemed to me. You might as well ask me why she
is there, at all. I know nothing of all this. I heard plenty of
reasons in the street, why she ought to be distrusted, nay, convicted; for the feeling against her had got to be intense, before
I left Biberry; but no one could tell me whence she came, or
why she was there.”
57
JAMES FENIMORE COOPER
“Did you learn her name?”
“Yes; that was in every mouth, and I could not help hearing
it. She was called Mary Monson by the people of Biberry but I
much doubt if that be her real name.”
“So, your angel in disguise will have to be tried under an
`alias!’ That is not much in her favour, Ned. I shall ask no more
questions, but wait patiently to see and judge for myself.”
The young men put a few more interrogatories, which
were civilly answered, and then the subject was dropped. Well
it has been said that “God made the country; man made the
town.” No one feels this more than he who has been shut up
between walls of brick and stone for many months, on his first
escape into the open, unfettered fields and winding pleasant
roads. Thus was it now with Dunscomb. He had not been out
of town since the previous summer, and great was his delight
at smelling the fragrance of the orchards, and feasting his eyes
on their beauties. All the other charms of the season came in
aid of these, and when the carriage drove into the long, broad,
and we might almost say single street of Biberry, Dunscomb in
particular was in a most tranquil and pleasant state of mind.
He had come out to assist a friendless woman, cheerfully and
without a thought of the sacrifice, either as to time or money,
though in reflecting on all the circumstances he began to have
his doubts of the wisdom of the step he had taken. Nevertheless, he preserved his native calmness of manner, and coolness
of head.
Biberry was found to be in a state of high excitement. There
were at least a dozen physicians collected there, all from the
county, and five or six reporters had come from town. Rumours
58
THE WAYS OF THE HOUR
of all sorts were afloat, and Mary Monson was a name in every
person’s mouth. She had not been arrested, however, it having been deemed premature for that; but she was vigilantly
watched, and two large trunks of which she was the mistress,
as well as an oilskin – covered box of some size, if not absolutely seized, were so placed that their owner had no access
to them. This state of things, however, did not seem to give
the suspected girl any uneasiness; she was content with what
a carpet – bag contained, and with which she said she was
comfortable. It was a question with the wiseacres whether she
knew that she was suspected or not.
Had Dunscomb yielded to McBrain’s solicitations, he
would have gone at once to the house in which Mary Monson
was now lodged, but he preferred adopting a different course.
He thought it the most prudent to be a looker – on, until after the next examination, which was now close at hand. Wary
by long habit, and cool by temperament, he was disposed to
observe the state of things before he committed himself. The
presence of the reporters annoyed him; not that he stood in
any dread of the low tyranny that is so apt to characterize this
class of men, for no member of the bar had held them, and the
puny efforts of many among them to build up and take away
professional character, in greater contempt than he had done;
but he disliked to have his name mixed up with a cause of this
magnitude, unless he had made up his mind to go through
with it. In this temper, then, no communication was held with
Mary Monson, until they met, at the hour appointed for the
inquest, in the court – house.
59
JAMES FENIMORE COOPER
The room was crowded, at least twice as many having col-
lected on this occasion as had got together on the sudden
call of the previous examination. Dunscomb observed that
the coroner looked grave, like a man who felt he had important business on his hands, while a stern expectation was the
expression common to nearly all the others present. He was
an utter stranger, himself, even by sight, to every being present, his own party and two or three of the reporters excepted.
These last no sooner observed him, however, than out came
their little note – books, and the gold pens were at work,
scribbling something. It was probably a sentence to say, “we
observed among the crowd Thomas Dunscomb, Esquire, the
well – known counsel from the city;” but Dunscomb cared
very little for such vulgarisms, and continued passive.
As soon as the inquest was organized, the coroner directed
a physician of the neighbourhood to be put on the stand. It
had gone forth that a “city doctor” had intimated that neither
of the skeletons was that of Peter Goodwin, and there was a
common wish to confront him with a high country authority.
It was while the medical man now in request was sent for, that
McBrain pointed out to Dunscomb the person of Mary Monson. She sat in a corner different from that she had occupied
the day before, seemingly for the same purpose, or that of being alone. Alone she was not, strictly, however; a respectable –
looking female, of middle age, being at her side. This was a Mrs.
Jones, the wife of a clergyman, who had charitably offered the
suspected young stranger a home under her own roof, pending the investigation. It was thought, generally, that Mary
Monson had but very vague notions of the distrust that rested
60
Соседние файлы в предмете [НЕСОРТИРОВАННОЕ]