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THE WAYS OF THE HOUR
those on whom the law has devolved a most important duty, to
discharge it with due intelligence and impartiality.
“As a member of the bar, I interfere in behalf of the wit-
ness,” said Dunscomb, rising. “She is evidently unacquainted
with her true position here, and consequently with her rights.
Jack, get a glass of water for the young lady;” and never did Jack
obey a request of his uncle with greater alacrity. “A witness
cannot, with propriety, be treated as a criminal, or one suspected, without being apprised that the law does not require of
those thus circumstanced, answers affecting themselves.”
Dunscomb had listened more to his feelings than to his le-
gal knowledge, in offering this objection, inasmuch as no very
searching question had, as yet, been put to Mary Monson. This
the coroner saw, and he did not fail to let it be understood that
he was aware of the weakness of the objection.
“Coroners are not governed by precisely the same rules
as ordinary committing magistrates,” he quietly observed,
“though we equally respect the rules of evidence. No witness is
obliged to answer a question before an inquest, that will criminate himself, any more than at the Oyer and Terminer. If the
lady will say she does not wish to tell her real name, because
it may criminate her, I shall not press the question myself, or
allow it to be pressed by others.”
“Very true, sir; but the law requires, in these preliminary
proceedings, no more than such accuracy as is convenient in
making out the records. I conceive that in this particular case
the question might be varied by asking, `You are known by the
name of Mary Monson, I believe?”’
“What great harm can it be to this young female to give her
real name, Mr. Dunscomb, as I understand you are that distin-
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JAMES FENIMORE COOPER
guished counsellor, if she be perfectly innocent of the death of
the Goodwins?”
“A perfectly innocent person may have good reasons for
wishing to conceal her name. These reasons obtain additional
force when we look around us, and see a committee of reporters, who stand ready to transmit all that passes to the press;
but, it might better serve the ends of justice to allow me to
confer with the witness in private.”
“With all my heart, sir. Take her into one of the jury rooms,
and I will put another physician on the stand. When you are
through with your consultation, Mr. Dunscomb, we shall be
ready to proceed with your client.”
Dunscomb offered his arm to the girl, and led her through
the crowd, while a third medical man was sworn. This witness
corroborated all of Dr. Coe’s opinions, treating the supposition that both the skeletons were those of women with very
little respect. It must be admitted that the suspected stranger
lost a great deal of ground in the course of that half – hour.
In the first place, the discussion about the name was received
very much as an admission of guilt; for Dunscomb’s argument
that persons who were innocent might have many reasons for
concealing their names, did not carry much weight with the
good people of Biberry. Then any doubts which might have
been raised by McBrain’s suggestion concerning the nature of
the skeletons, were effectually removed by the corroborating
testimony of Dr. Short, who so fully sustained Dr. Coe. So much
are the Americans accustomed to refer the decision of nearly
all questions to numbers, it scarcely exaggerates the truth to
say that, on the stand, the opinion of half – a – dozen country
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THE WAYS OF THE HOUR
surveyors touching a problem in geometry, would be very apt
to overshadow that of a professor from West Point, or old Yale.
Majorities are the primum mobile of the common mind, and
he who can get the greatest number on his side is very apt to
be considered right, and to reap the benefits of being so.
A fourth and a fifth medical man were examined, and they
concurred in the opinions of Dr. Coe and his neighbours. All
gave it as the result of their enquiries, that they believed the
two skulls had been broken with the same instrument, and
that the blow, if it did not cause immediate death, must have
had the effect to destroy consciousness. As regards the sex, the
answers were given in a tone somewhat supercilious.
“Science is a very good thing in its place,” observed one of
these last witnesses; “but science is subject to known facts. We
all know that Peter Goodwin and his wife lived in that house;
we all know that Dorothy Goodwin was a large woman, and
that Peter Goodwin was a small man, that they were about of
a height, in fact, and that these skeletons very accurately represent their respective statures. We also know that the house
is burnt, that the old couple are missing, that these bones were
found in a wing in which they slept, and that no other bones
have been found there. Now, to my judgment, these facts carry
as much weight, ay, even more weight, than any scientific reasoning in the premises. I conclude, therefore, that these are the
remains of Peter and Dorothy Goodwin have no doubt that
they are, indeed.”
“Am I permitted to ask this witness a question, Mr. Coro-
ner?” demanded Dr. McBrain.
“With all my heart, sir. The jury wishes to ascertain all they
can, and our sole object is justice. Our inquests are not very
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JAMES FENIMORE COOPER
rigid as to forms, and you are welcome to examine the witness
as much as you please.”
“You knew Goodwin?” asked McBrain, directly of the wit-
ness. “I did, sir; quite well.”
“Had he all his teeth, as you remember?” “I think he had.”
“On the supposition that his front upper teeth were all
gone, and that the skeleton you suppose to be his had all the
front upper teeth, would you still regard the facts you have
mentioned as better, or even as good proof, as the evidence of
science, which tells us that the man who has lost his teeth cannot possess them?”
“I scarcely call that a scientific fact, at all, sir. Any one may
judge of that circumstance, as well as a physician. If it were
as you say, I should consider the presence of the teeth pretty
good proof that the skeleton was that of some other person,
unless the teeth were the work of a dentist.”
“Then why not put any other equally sure anatomical fact
in opposition to what is generally supposed, in connection
with the wing, the presence of the men, and all the other circumstances you have mentioned?”
“If there were any other sure anatomical fact, so I would.
But, in the condition in which those remains are, I do not think
the best anatomist could say that he can distinguish whether
they belonged to a man or to a woman.”
“I confess that the case has its difficulties,” McBrain quietly
answered. “Still I incline to my first opinion. I trust, Mr. Coroner, that the skeletons will be carefully preserved, so long as
there may be any reason to continue these legal enquiries?”
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THE WAYS OF THE HOUR
“Certainly, sir. A box is made for that purpose, and they
will be carefully deposited in it, as soon as the inquest adjourns
for the day. It is no unusual thing, gentlemen, for doctors to
disagree.”
This was said with a smile, and had the effect to keep the
peace. McBrain, however, had all the modesty of knowledge,
and was never disposed to show off his superior attainments
in the faces of those who might be supposed to know less than
himself. Nor was he, by any means, certain of his fact; though
greatly inclined to believe that both the skeletons were those
of females. The heat had been so powerful as to derange, in
some measure, if not entirely to deface, his proofs; and he was
not a man to press a fact, in a case of this magnitude, without sufficient justification. All he now wanted, was to reserve a
point that might have a material influence hereafter, in coming to a correct conclusion.
It was fully an hour before Dunscomb returned, bringing
Mary Monson on his arm. John followed the latter closely, for,
though not admitted to the room in which this long private
conference had been held, he had not ceased to pace the gallery
in front of its door during the whole time. Dunscomb looked
very grave, and, as McBrain thought, and he was very expert in
interpreting the language of his friend’s countenance, disappointed. The girl herself had evidently been weeping, and that
violently. There was a paleness of the face, and a tremor in
the frame, too, that caused the observant physician to suppose
that, for the first time, she had been made to comprehend that
she was the object of such dire distrust. No sooner were the
two in their old seats, than the coroner prepared to renew the
suspended examination.
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JAMES FENIMORE COOPER
“Witness,” repeated that functionary with marked formal-
ity, “what is your name?”
The answer was given in a tremulous voice, but with suffi-
cient readiness, as if previously prepared. “I am known, in and
around Biberry, by the name of Mary Monson.”
The coroner paused, passed a hand over his brow, mused
a moment, and abandoned a half – formed determination he
had made, to push this particular enquiry as far as he could. To
state the truth, he was a little afraid of Mr. Thomas Dunscomb,
whose reputation at the bar was of too high a character to have
escaped his notice. On the whole, therefore, he decided to accept the name of Mary Monson, reserving the right of the state
to enquire further, hereafter.
“Where do you reside?”
“At present, in this place lately, in the family of Peter
Goodwin, whose remains are supposed to be in this room.”
“How long had you resided in that family?”
“Nine weeks, to a day. I arrived in the morning, and the fire
occurred at night.”
“Relate all that you know concerning that fire, if you please,
MissI call you Miss, supposing you to be unmarried?”
Mary Monson merely made a slight inclination of her head,
as one acknowledges that a remark is heard and understood.
This did not more than half satisfy the coroner, his wife, for
reasons of her own, having particularly desired him to ask the
“Monson girl,” when she was put on the stand, whether she
was or was not married. But it was too late, just then, to ascertain this interesting fact, and the examination proceeded.
“Relate all that you know concerning the fire, if you please,
ma’am.”
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THE WAYS OF THE HOUR
“I know very little. I was awakened by a bright light, arose,
and dressed myself as well as I could, and was about to descend
the stairs, when I found I was too late. I then went to a window,
and intended to throw my bed out, and let myself down on it,
when two men appeared, and raised a ladder, by which I got
safely out.”
“Were any of your effects saved?”
“All, I believe. The same two persons entered my room, and
passed my trunks, box, and carpet – bag, writing – desk, and
other articles, out of the room, as well as most of its furniture.
It was the part of the building last on fire, and it was safe entering the room I occupied, for near half an hour after I escaped.”
“How long had you known the Goodwins?”
“From the time when I first came to live in their house.”
“Did you pass the evening of the night of the fire in their
company?”
“I did not. Very little of my time was passed in their com-
pany, unless it was at meals.”
This answer caused a little stir among the audience, of
whom much the larger portion thought it contained an admission to be noted. Why should not a young woman who lived
in a house so much apart from a general neighbourhood, not
pass most of her time in the company of those with whom she
dwelt? “If they were good enough to live with, I should think
they might be good enough to associate with,” whispered one
of the most active female talkers of Biberry, but in a tone so
loud as to be heard by all near her.
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JAMES FENIMORE COOPER
This was merely yielding to a national and increasing sus-
ceptibility to personal claims; it being commonly thought aristocratic to refuse to associate with everybody, when the person
subject to remark has any apparent advantages to render such
association desirable. All others may do as they please.
“You did not, then, make one of the family regularly, but
were there for some particular purpose of your own?” resumed
the coroner.
“I think, sir, on reflection, that you will see this examina-
tion is taking a very irregular course,” interposed Dunscomb.
“It is more like an investigation for a commitment, than an
inquest.”
“The law allows the freest modes of enquiry in all such
cases, Mr. Dunscomb. Recollect, sir, there have been arson and
murder two of the highest crimes known to the books.”
“I do not forget it; and recognise not only all your rights,
sir, but your duties. Nevertheless, this young lady has rights,
too, and is to be treated distinctly in one of two characters; as
a witness, or as a party accused. If in the latter, I shall at once
advise her to answer no more questions in this state of the case.
My duty, as her counsel, requires me to say as much.”
“She has, then, regularly retained you, Mr. Dunscomb?”
the coroner asked, with interest.
“That, sir, is a matter between her and myself. I appear here
as counsel, and shall claim the rights of one. I know that you
can carry on this inquest without my interference, if you see
fit; but no one can exclude the citizen from the benefit of advice. Even the new code, as extravagant and high – flying an
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THE WAYS OF THE HOUR
invention as ever came from the misguided ingenuity of man,
will allow of this.”
“There is no wish, Mr. Dunscomb, to put any obstacles in
your way. Let every man do his whole duty. Your client can
certainly refuse to answer any questions she may please, on
the ground that the answer may tend to criminate herself; and
so may any one else.”
“I beg your pardon, sir; the law is still more indulgent in
these preliminary proceedings. A party who knows himself to
be suspected, has a right to evade questions that may militate
against his interests; else would the boasted protection which
the law so far throws around every one, that he need not be his
own accuser, become a mere pretence.”
“I shall endeavour to put my questions in such a way, as
to give her the benefit of all her rights. Miss Monson, it is said
that you have been seen, since the fire, to have some gold in
your possession; have you any objection to let that gold be seen
by the jury?”
“None in the world, sir. I have a few gold pieces here they
are, in my purse. They do not amount to much, either in numbers or value. You are at liberty to examine them as much as
you please.”
Dunscomb had betrayed a little uneasiness at this ques-
tion; but the calm, steady manner in which the young woman
answered, and the coolness with which she put her purse into
the coroner’s hand, reassured, or rather surprised him. He remained silent, therefore, interposing no objection to the examination.
“Here are seven half – eagles, two quarter – eagles, and
a strange coin that I do not remember ever to have seen be-
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JAMES FENIMORE COOPER
fore,” said the coroner. “What do you call this piece, Mr. Dunscomb?”
“I cannot tell you, sir; I do not remember ever to have seen
the coin before, myself.”
“It is an Italian coin, of the value of about twenty dollars,
they tell me,” answered Mary, quietly. “I think it is called after the reigning sovereign, whoever he may be. I got it, in exchange for some of our own money, from an emigrant from
Europe, and kept it as a thing a little out of the common way.”
The simplicity, distinctness, not to say nerve, with which
this was said, placed Dunscomb still more at his ease, and he
now freely let the enquiry take its course. All this did not prevent his being astonished that one so young, and seemingly so
friendless, should manifest so much coolness and self – possession, under circumstances so very trying. Such was the fact,
however; and he was fain to await further developments, in
order better to comprehend the character of his client.
“Is Mrs. Pope present?” enquired the coroner. “The lady
who told us yesterday she had seen the specie of the late Mrs.
Goodwin, during the life – time of the latter?”
It was almost superflous to ask if any particular person
were present, as nearly all Biberry were in, or about, the
court – house. Up started the widow, therefore, at this appeal,
and coming forward with alacrity, she was immediately sworn,
which she had not been the previous day, and went on the
stand as a regular witness.
“Your name?” observed the coroner.
“Abigail Pope folks write `relict of John Pope, deceased,’ in
all my law papers.”
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