"And that is?"

"That the last thought of that unhappy woman was that I sent the candied fruit. She may have realized in that brief second of time that it caused her death. I hope to prove my innocence to the world, but she has pa.s.sed beyond the reach of proof."

"She has also pa.s.sed beyond the need of it," answered his brother quickly. "Why don't you comfort yourself with the thought that, no matter who else may be deceived, wherever she is, she knows the truth?"

There had been something akin to despair in his voice, and Frank noticed how trouble had deepened the lines in his face. "Brace up, old fellow,"

he said huskily. "We'll get a line on something before we go to trial."

Dr. Earl did not see Leonora or hear from her directly again after their interview, but the Sunday following the announcement that Miss Holland had been employed to defend him, an item appeared in the society columns of the New York papers stating that their engagement had been terminated. He sighed when he read it, whether from sorrow or relief he could scarcely have told himself. But he fully realized at this time that the vital heart-beats of genuine love are not always inspired by plighted troth, neither is the latter always a product of the former, and he marveled at his own lack of understanding in so readily accepting a superficial subst.i.tute for the real article. The Ramseys gave every evidence of their devotion, seeing him daily, and there were not wanting a few staunch friends, and numerous former patients showed their loyalty, but as the day of his trial approached he found himself thinking more and more of the four devoted souls who had done and would do all for him that was humanly possible.

CHAPTER XIX

A GREAT MURDER TRIAL BEGINS

Although the court officials had taken the precaution to admit spectators only by cards issued from the sheriff's office, the famous old room in the Criminal Courts Building was jammed to its very doors at the opening of the trial of Dr. John Earl for the murder of Mrs. Emma Bell, for it must be remembered sheriffs are elected by popular vote and have friends in all walks of life. So there were business men and street urchins, ladies of fashion and washerwomen, members of the learned professions and hoboes, scholars and draymen, students of psychology and the merely curious, advocates in frock-coats and counsellors in jackets, attracted by the ever-living fascination of seeing a human being fighting for his life, with the added interest in this case of the novelty of seeing that fight made by a woman attorney.

Many tragic memories cling to this old room. Here other doctors had been convicted and sentenced to the electric chair for sending poison through the mails. Here more ordinary individuals had been acquitted by displaying more skill in the transaction than had been shown by the doctors. Here had been tried all sorts of murder cases, with all sorts of defenses, from self-preservation with an ax to the irresponsibility of a brain-storm. From that old-fashioned witness chair, on its high platform, enough tales of tragedy had been told, if bound in books, to fill a good-sized library; enough tears had been shed to atone for a thousand crimes; enough pathos shown to have broken a million hearts; enough perjury committed to substantiate David's somewhat sweeping a.s.sertion.

From that high perch against the wall had emanated the technical rulings, or the broad principles of justice that had made society tremble for its safety, or caused it to repose in security.

From that old counsel's table some of the greatest lawyers of the world had measured steel in weird combats over sending human souls into the mysterious Beyond.

On this day, the district attorney sat at one side of the table, with his a.s.sistants, grave, severe, determined-looking officers of the law.

On the other side sat a beautiful young woman, with luminous eyes, a spirituelle countenance, but a firm and earnest manner and perfect poise. Behind her sat the younger brother of the prisoner. At her side was the prisoner himself, grave in mien, courageous in bearing, collected in deportment. Back of them were Mr. and Mrs. Ramsey. Among the witnesses for the defense was Dr. Morris, saturnine, mocking, indifferent.

Thus organized society arrayed itself against a portion of its own elements. Thus organized society spoke through the cold impa.s.siveness of its own laws, while its elements spoke through personal emotions and human pa.s.sions. Thus organized society appealed to itself to protect itself, while its elements appealed for human kindness and universal charity.

Such is the situation in every criminal trial.

It took three days to obtain a jury of proper qualification and sufficient disinterestedness to satisfy both sides. All the other lawyers watched with interest the methods employed by the "woman lawyer"

in asking her _voir dire_ questions and in exercising her right to challenge, and most of them agreed that she asked no useless questions and showed rare judgment in her peremptory challenges.

The next day on the convening of court the district attorney outlined his case with circ.u.mstantial detail. He related in spectacular fashion the first meeting of Dr. Earl and the Bells at the suffrage ball, and dwelt insinuatingly upon the interest manifested by Dr. Earl in the child at the time of the accident. Either inadvertently, or by design, he referred in slighting tones to the part played at this meeting by the "volunteer nurse," but his sentence was never completed, for Silvia addressed the Court.

"May it please the Court," she said--and her manner was unmistakable--"I have no right, and neither do I intend, to complain of any respectful reference made to me during the course of this trial, either as an individual, or as an attorney for this defendant, but I shall insist now and hereafter that I must be referred to with the respect and consideration due my, as yet, unsullied membership in the legal profession and my reputation as a private citizen."

There was no opportunity for a ruling by the Court, for the district attorney promptly disclaimed any intention of disrespect, and begged her pardon for any words susceptible of such construction. It was evident that her interruption produced a most favorable impression upon Court, jury and spectators, and if any came to scoff at the weakness of the "woman attorney" they remained to admire the strength of the female advocate. The district attorney continued, warmed into greater determination to make a lasting impression upon the jury as to the guilt of the defendant.

He followed Dr. Earl on his numerous visits to the Bell home; dwelt upon the unusual hour of many of them; agreed to prove more than ordinary intimacy between Mrs. Bell and the defendant; showed the defects in his surgery and the terrible results, which promised permanently to cripple the child; exhibited the handwriting upon the box and placed beside it the handwriting of Dr. Earl to undisputed legal doc.u.ments; stated that the defense would scarcely claim that the handwriting was not his; a.s.serted that they had positive proof that Dr. Earl had purchased a box of candied fruit of the exact size and character of this box just prior to the time it was mailed, and that Dr. Earl was in Boston at the time of the mailing of the package.

From his recital it was clear that much thorough detective work had been done in the case for the State.

"Now, gentlemen of the jury, as to the motive," he went on. "A powerful incentive existed for the commission of this crime. Dr. Earl had been engaged for some time to marry into one of the most prominent and wealthy families in this city and the wedding was to have taken place this month. The advertis.e.m.e.nt that followed his spectacular professional performance at the suffrage ball brought him an enormous practice. To have the public learn that this piece of surgery upon which his reputation was based was in reality a case of malpractice meant ruin. To have his married life disturbed by the appearance of a wronged woman meant destruction to his domestic happiness, so he planned that the poison should be sent to wipe out this family on the eve of his wedding and before any damage had been done him in either of these directions.

You must confess it was a skillful job. Only one piece of poisoned fruit in the box, and that so arranged as not to disturb its contents. Whether mother or daughter got this piece of candied fruit first, the other was doomed, for a kiss from those dying lips would have conveyed a like fate, so powerful was this solution. The only thing that thwarted his nefarious purpose to kill them both was the absence of the child, who was in the country, a fact entirely unknown to Dr. Earl."

This and much more of like import furnished the closing portion of his statement to the jury, and when he finished it was apparent that his recital had made a deep impression upon every person in the courtroom.

The atmosphere was charged with serious import to Dr. Earl.

His sister had moved closer to him and was holding his hand. Her husband came nearer, and Frank turned and gave him a rea.s.suring glance. His expressive face showed deep concern rather than worry.

As soon as the district attorney resumed his seat Silvia arose and deathlike stillness fell upon the courtroom. "With your permission, your honor, I will reserve my statement of defense until the State has closed its case."

"Certainly, that is your privilege," replied the Judge.

Then there was a buzz of excited whispering. "What does it mean?" "Is she afraid to state her defense after that terrific arraignment of the defendant?" "Oh, there comes in the timidity of woman!" said an old and skilled criminal lawyer. "Does she not realize that it is a fatal evidence of weakness not to state a defense at the opening of the trial?"

But the district attorney had called his first witness and the bailiff rapped loudly for order. For three days the State put witness after witness on the stand and by expert medical testimony, by toxicologists, by direct and inferential testimony, the district attorney more than proved the case which he had outlined to the jury.

That the child was probably permanently crippled from tuberculosis of the knee and that the tuberculosis resulted from faulty surgery was the opinion of the three surgical experts called upon that point, but upon cross-examination Silvia forced each of them to admit that it was possible that a former tubercular condition had recurred. She also forced the unwilling admission that so far as the fracture of the leg was concerned the bones had knit perfectly. The most damaging testimony was that of a neighbor woman, who had overheard Mrs. Bell exclaim to herself on the very day of the poisoning, "I will force him to marry me or I will kill him!"

Pressed on cross-examination as to what she saw as well as heard, she related how she had pa.s.sed Mrs. Bell's door, which was open, and had seen Mrs. Bell with a doc.u.ment of some kind in one hand and a pen in the other, and had heard her utter this exclamation. When asked why she a.s.sumed that the statement must refer to Dr. Earl, she replied with some feeling that no other man had been seen around the apartment since Mrs.

Bell moved in, the first of April.

A young woman, a clerk in Thompson's candy store in Boston, identified Dr. Earl as the purchaser of a box of candied fruit a few days before the poisoning. On cross-examination she said it was a box of identical proportions with the one marked "Exhibit A." Silvia asked her if the boxes from their store did not always bear the firm name on the lid and she admitted that they did, and swore that the one purchased by Dr. Earl had the firm name on the outside of the lid in gilt letters. Then Silvia showed her the box which had contained the poisoned fruit and asked her to state on oath whether or not that was the box in which she had sold Dr. Earl the fruit and she declared that it was not. Then she asked her if Dr. Earl had purchased any loose pieces of fruit, and she testified that he had not.

Silvia produced a box and asked the witness if it were not from the Thompson store. She answered that it was.

"Did not Dr. Earl also purchase a box of pecans at the time that he bought the fruit and is not this the box in which the pecans were packed?" Silvia continued.

The girl seemed to study for a few moments. "Yes, I do remember," she said, "he did buy a box of pecans the same day he bought the candied fruit and this box may have contained them, for it is from our store. I want to add, though, that I had forgotten about the nuts when the district attorney asked his questions here and when I was examined in Boston."

"How did you happen to forget about the nuts and remember about the candied fruit?" asked Silvia.

"There was nothing to recall the pecans to my mind until you mentioned them just now, but I remember that Dr. Earl bought them first and returned afterward and bought the fruit."

On redirect examination the district attorney got an admission from the clerk that at several places in Boston, which she mentioned, boxes could be obtained without any name on the lid, but that the Thompson store never carried them.

The testimony of this clerk that the box presented by the district attorney had not come from their store, was the only rift in the otherwise dense cloud of incriminating evidence for the State, and the prosecution closed its case with perceptible gloom hanging over every person connected with the defense, and the jury was grave of face, as men well may be who have the life of a fellow being in their hands.

The prosecution closed at four-thirty and Silvia asked for an adjournment until morning to open her case. The request was granted, and New York spent the night wondering what the "woman lawyer" would do the next day. In the cafes, clubs, hotels, between acts in the theatres, little else was discussed, and the consensus of opinion was that she was doomed to defeat in this her first big trial.

Progressive women grieved over the outlook, for it spelled much of disaster to the woman movement if she should be humiliatingly vanquished. Her friends championed her cause as best they could, vigorously, but not with the genuine enthusiasm they would like to have felt.

New York had never before been so interested in a criminal trial.

CHAPTER XX

A WOMAN AND SPOOKS FIND A LETTER

The trial had been in progress some six days when the State rested its case. None of the family or friends of the defendant underestimated the impression created by the array of facts marshalled by the district attorney. The evidence, though wholly circ.u.mstantial, was nevertheless sinister and deadly.