Hours before court time the next morning an immense crowd packed the streets around the building, and when the doors were opened it was useless to attempt the enforcement of the ticket rule. When the court convened the s.p.a.ce outside the rail was jammed with a crowd that threatened to overflow the s.p.a.ce inside which was reserved for members of the legal profession, witnesses, and the family of the defendant. It was an orderly crowd, however, and the tension of silence was so complete that it held them in a kind of paralysis of attention when the gavel fell and the stentorian voice of the bailiff called his "Hear ye."

As soon as he sat down the Court recognized Silvia. She took her place at the end of the counsel table with a few papers within reach. The district attorney noticed with satisfaction that they were very few. She was gowned in pure white, and her hair rippled back from her broad forehead, and with head proudly erect and with easy, natural pose, she faced the jury, which gave her instant and absorbed attention. She spoke slowly, deliberately, and her soft, musical voice was heard distinctly in every corner of the courtroom.

"Gentlemen of the Jury: Human life is the greatest mystery in a universe of mystery. It springs into existence with the knowledge of the ages coursing through its sensibilities and inherently possessing all of the pa.s.sion and prejudice of countless centuries. Where it started none of us knows. Where the aeons ahead of us destine it to end none of us can tell. Deliberately to blot from this earth and its service that which comes into the world so divinely equipped with knowledge and inspiration requires both sublime courage and indescribable depravity; sublime courage to invite the hostility of the vast, complicated, mysterious forces that are embodied in a human life, however humble it may be; indescribable depravity to destroy the most useful and the most beautiful product of this earth.

"Yet the statute in this and other American States for the punishment of those who take human life is made to apply but to a fraction of those guilty of such offense. The individual who shoots or otherwise takes the life of another is always prosecuted and generally punished. The a.s.sociation, whose culpable neglect of the ordinary dictates of humanity in making its employees safe, is not even prosecuted for factory girls destroyed in a fire, for miners entombed in the earth, for pa.s.sengers and trainmen hurled to their death that dividends may be wrung from soft roadbeds and rotten rails, for excursion boats so built as to prevent the saving of pa.s.sengers in case of accident; and what must be said of those economic and social conditions that drive thousands to self-destruction every year and that destroy all Christian and political ideals, the proper development of which would preclude the possibility of crime!

"You, gentlemen, represent the collected society of which I am a part, and the fact is worth your consideration at least, that under the system of woman parasitism, dependence, and, in a way, slavery, the rugged qualities of strength of purpose, of womanly self-reliance, of constantly expanding mental and moral natures that so distinguished our foremothers, and which mean so much to the character of children, which in turn mean so much to the character of the citizen and the nation, have largely disappeared.

"In every consideration of crime, its cause should be of interest to those who represent the State. I am not seeking to minimize or palliate or excuse whatever crime may have been committed in this case, but _that_ society which is seeking its own safety and perpetuity cannot too strongly be urged to beware of the universal menace to its existence, as well as to guard against those individuals that war only against individuals. So I appeal to you in this case, if crime there be, to deal with the perpetrator of such crime with all due justice, but with that mercy and consideration which these thoughts may suggest, and which we owe to the weaker members of society.

"Whatever crime was committed in this case sprang from the old order of our existence, which is rapidly pa.s.sing away; it was nurtured in that soil which most of us cultivate too much, and which produces envy, malice, hatred, uncharitableness and other destructive and despoiling human traits. I have no quarrel with the character of the testimony with which it is sought to convict the defendant, for circ.u.mstantial evidence is the most reliable, the most convincing, the least subject to perjury of any evidence recognized by the law, and, as I shall undertake to demonstrate to you, it is absolutely una.s.sailable when each link of the chain fits perfectly in every other one. I am not unmindful of the very strong case which the district attorney has made against the defendant, and it may be that his contention is the correct one. That is a matter for you to determine."

There was a little stir in the courtroom at this extraordinary statement, and Hilda looked at her husband and then at her brother and the hot flush of resentment dyed her white face to the hair.

"The motive of malpractice on the child," Silvia went on evenly, "and a troublesome _liaison_ with the mother do, indeed, seem to be powerful, but what can be said for those motives when I prove to your entire satisfaction that the setting of this fracture and the subsequent treatment and final results are among some of the best ever attending such cases in this large city; that the tuberculosis of the knee is the recurrence of a disease which had attacked the child five years before in the glands of the neck and which broke forth afresh in the knee because of her low physical condition and the immediate injury to the knee; that what I shall present will so conclusively prove the impossibility of a _liaison_ between Dr. Earl and Mrs. Bell that there cannot even remain the suspicion of such a thing?

"The mystery of her support since last April I alone can clear up with checks and other evidence so convincing in character as to leave no doubt. It is embarra.s.sing but necessary to bring myself as a witness into this trial. I found this poor woman with a great and secret sorrow, not knowing how to earn a living and by industrial independence develop the best qualities of her nature, and I undertook to teach her self-reliance and to lead her into the new life of social and economic freedom. Had she been thus trained from girlhood this tragedy would have been impossible, and her life would have been full of beauty, for I have never known a sweeter character. In the meantime I loaned--not gave, but loaned her the money to live upon. She would have resented a gift. She was making splendid progress with her fine sewing, and would soon have been independent of any financial aid. But the sorrow which hung over her, and which all this time was and still is a mystery to me, seemed to dominate her life, as I will presently show you.

"It was the ghost of the old environment, of the old parasitical age, when women were so easily enslaved with the promise of idle luxury and transient caresses, stalking into the midst of a n.o.bler effort and beckoning her backward while yet the understanding and courage were not sufficiently seasoned. Later I shall go into these things more fully.

"I will prove to you by the proper Federal officials that, owing to a change of design by the government, the ten-cent stamps on this package, bearing this particular vignette, could only be purchased in three or four post-offices in the United States for several months before and at the time the package was mailed, and the only place east of the post-office at St. Louis was in Providence, Rhode Island, and I shall also prove that the defendant has not been in Providence in four years.

You will notice that stamps to the value of sixty cents were placed on the parcel, when half that amount would have been sufficient, showing that whoever mailed it did not care to have it officially weighed.

"Another circ.u.mstance worthy your attention is that poisoning by hydrocyanic acid is so easily recognized that it has seldom been used for purposes of murder, except in cases where the person committing the crime felt safe as to his own ident.i.ty, and desired to make it appear that some one else had done the deed."

She paused in her recital and cast a glance at a large, muscular man, seated among a group of witnesses for the defense. He gave her an almost imperceptible nod in the affirmative, and she went on slowly and impressively:

"What is more, gentlemen of the jury, this candied fruit was not purchased in Boston, but in Providence, and the person buying it insisted on a perfectly plain box, without any name upon it; he also bought several separate pieces of similar fruit."

There was a buzz of excitement in the human hive, which the bailiff suppressed by a sharp rap of his gavel. Those who had caught the signal turned their eyes from Silvia to the large man, but there was nothing in his impa.s.sive demeanor to attract attention.

The defendant and his family were evidently as much at sea as were the others in the courtroom as to the significance of these a.s.sertions, but the look of worry had entirely disappeared from the face of Dr. Earl.

"It is true," she went on, "that I had taken the little girl to the country for a week when this awful crime was committed, but Dr. Earl knew nothing of this, and the evidence is already so clear as to need no further illumination that the person who sent the poisoned candy was aware of the fact that the child was not at home, and would not be for several days at least. So clear is it that Dr. Earl did not know the child was in the country that I will prove to you that he sent to her city address a box of pecans which were forwarded by her mother to the country, and I will offer in evidence the box in which they were sent.

The person who mailed this box had designs on one victim only, and had the child been at home she would undoubtedly have been the one killed, for she would have been certain to receive the first piece. With all due deference to the learned district attorney, and while his theory is possible that a kiss given and received might have caused the death of the other, the probability is so remote that a person skilled in the knowledge of poisons and their effects, as Dr. Earl is, would scarcely have undertaken to poison two people in this clumsy and uncertain fashion, when the placing of two pieces of candied fruit instead of one on the top of the box was all that was necessary to insure the end desired."

She paused again, and gave the large man another look, and then exhibited a card to the jury, which she had been holding in her hand from the beginning of her address.

"No, gentlemen, the poison was intended for but one person, and that person partook of it," she said sadly and earnestly. She held a picture postal so the jury could see it. "This postcard, as you see, was sent to Mrs. Bell from Magnolia a few days before the crime occurred. It is dated August 5th; her death took place August 9th. Look at the address on this card, and at the message on the other side. Now let me show you a strange thing, which cannot be merely a coincidence."

She took the outer layer of thin white paper that had wrapped the box, on which were the stamps and the address, and laid it over the same address on the card, and the length and formation of each letter were identical, the punctuation marks and the lines of shading were the same, on paper and card.

"You see how this has been done," she said. "The address on the paper is written with an indelible pencil. Ink would have spread and blotted. We shall prove to you that the address on the box was copied by tracing from this identical card, as also were the closing words on the card with the initials which were traced on the paper that is pasted on the top of the box--'With best wishes to you and Alice. J. E.'"

The district attorney protested to the Court against so much detail and proof going into an opening statement, and the Judge looked inquiringly at Silvia.

"I know I am pursuing an unusual course," she replied, "but I promise your honor, and also the honorable district attorney, that I will not abuse my privilege, and if you gentlemen will bear with me I am certain that I shall be able to render a distinct service to the State."

The Judge had followed her carefully, and being one of those wearers of the ermine who believe that substantial justice rather than technical results should be the aim of courts in criminal trials, said to the district attorney, "I am certain that Miss Holland fully understands the rules of procedure in this court and will adhere to them as strictly as the nature of her defense will permit. If I think she is overstepping them, I will stop her."

Silvia gave another glance at the large man. His eyes were on the little group by his side at the time, but the silence caused him to turn to her again, and after another affirmative nod she resumed.

"It is difficult for me to cause pain to anything that lives. I feel that the ant, with its wonderful little organism, is as much ent.i.tled to the uses and joys of this dear old world as I am. When I enlisted in this case it was to defend a man whom I felt certain was innocent, not to bring any other person to the bar of justice, and even now, if I could clear the fair name of my client from the remotest suspicion of ever having thought of this crime, without injury to another, I should much prefer to do so. Not that I am unmindful of my duty as a citizen, but I am more conscious of the tenderer feelings that are of necessity appealed to in such a case.

"When in the discharge of my duty I found suspicious footprints leading elsewhere I spent hours determining what course I should pursue in this complicated situation. The sequel will give all of you, in the jury box and in this courtroom, an opportunity to decide whether my course has been the right one. G.o.d knows I have prayed to be shown another way, but I could discover none."

She paused, and the tears were glistening in her eyes and her voice trembled, but she regained her self-control at once.

"Before I did aught else, I had two skilled detectives watch the suspected person; their observations were all too convincing. It was Eugene Aram again telling his dream to the child, but this time the guilt was acted.

"Then down I cast me on my face, And first began to weep, For I knew my secret then was one That earth refused to keep: Or land or sea, though he should be Ten thousand fathoms deep.

"So wills the fierce, avenging sprite, Till blood for blood atones!

Ay, though he's buried in a cave, And trodden down with stones, And years have rotted off his flesh-- The world shall see his bones!"

Once more the tears shone in her eyes, tears that were the only consolation one wretched soul in that courtroom was ever to know, but she dashed them away impatiently.

"To prevent injustice, and possible injury, the suspected man has been kept under surveillance ever since."

Again there was a murmur of voices over the courtroom, and Frank, who had entered hastily, just after she began her address, called her attention to a large envelope which he laid on the table before her. She looked at him, and then at the envelope, and gave an involuntary start of surprise and a hastily stifled exclamation. "The missing letter!" she said, under her breath, and hastily tore it open, and glanced at the first and last pages, while the bailiff restored order.

"I must beg your honor's indulgence," she said, "for a few moments. This letter contains information of vital importance, and as your honor sees, it has just come into my hands."

The Judge granted her request, and while she hastily read the doc.u.ment, the excited murmur swelled again in spite of the glaring bailiff. In a few minutes she turned to the Judge.

"Your honor," she said, "this is a letter to me written by Mrs. Bell only a few hours before her death; I can easily prove her handwriting, and in any event, it is sworn to before a notary. The matter contained therein will end this trial. That I can use it as part of the _res gesta_, I have no doubt. I will submit it to the district attorney and ask him to examine it, and then give it to your honor. In the interest of justice and my client I would like to read it to the jury at this time."

She handed the letter to the district attorney, and while he read it she seated herself and conferred with Frank. "Where in the world did you get it?" she asked.

"Carroll and spooks," he began, and then went on more seriously, "but where on earth did you hide yourself? We have been madly tearing around New York, and telephoning all over the adjacent territory in a wild endeavor to find you and get this into your hands. I'm not going to tell you about the letter itself; that's Carroll's story. We've been to the Studios, and everywhere else we thought there was a possibility of finding you, and waited at your office until the last minute in the hope that you'd come there."

"I spent the night at Nutwood, making a last search for the letter," she said. "It was only a chance, but I felt that I couldn't give it up.

This morning I motored down, and we had some delay, so that I had to come directly here. But it's all right."

The Judge finished reading the letter, and called Silvia to the bench, where they held a whispered conversation with the district attorney, glancing once or twice toward the little group of witnesses where the large man sat. Then Silvia returned to her seat, and the district attorney gave some hurried directions to a deputy, who immediately left the room, while the Judge gave whispered instructions to a bailiff, who stationed himself at the general entrance.

"You may read the letter, Miss Holland," said the Judge, and the tension in the courtroom grew almost intolerable as she rose, holding the letter in shaking hands, and began reading:

"'NEW YORK, August 9.

"'MY DEAR MISS HOLLAND:

"'The secret I have longed and yet hesitated to tell you must now be disclosed. Of course my trouble has been caused by a man, a man whom I have known a long time and loved too well. He was here day before yesterday and we had a stormy interview--which he says shall be the last. For a long time his manner has been changed toward me, and for the last few months he has neglected me. He didn't seem to like it when I got acquainted with you, or when you paid so much attention to Allie; he said he didn't see what you wanted of her, and asked me how you came to take her to the country and when she would be back, and wanted to know if I had told you or Dr. Earl of my relations with him. I said certainly not, and when I reproached him for not coming to see me he said he couldn't come here. Since Allie was hurt, I have only met him a few times. Sometimes I have been happy when I was with him, for I loved, and I love him, better than my life, but I have not wanted to deceive you, and every day the old life has grown harder to bear. I think I have always believed that he would marry me, as he promised in the beginning, until this summer. Now I see that, more than he has deceived me, I have deceived myself, as every woman deceives herself when she forgets the honor of the present for promises that are to be redeemed in the future.

"'I had made up my mind to break away from this life and try to begin over again; you had shown me the way, and I saw the means by which I could support myself and Allie, and not be beholden to him. G.o.d knows I never wanted to take his money, and when it was grudgingly given it was worse than gall and wormwood to have to ask him for it. I did not mean to see him any more, for when I look into his face I forget everything except the days when he did love me. I meant to tear him out of my heart, and devote my life to Allie.

"'And then, Miss Holland, I made the discovery that has made me desperate, the one discovery that tells a woman she is helpless, and that not only her whole future, but that of another, depend upon the whim of a man. I demanded that he should keep his promise; I will not permit a child of mine to go through the world bearing the brand of illegitimacy, and I told him so plainly. Perhaps I was wrong to lose my temper and threaten him, but I am half mad. I told him I might bear the blame, and the pain, but that if he allowed me to go through this dreadful time alone that he should share the shame, if I dragged him through the courts to fasten it on him.

"'I don't wonder much that he was infuriated with me, or that he threatened to kill me if I didn't let him alone. He said he hadn't the money to give me all I needed, but if I would be sensible and not make a fuss and a scandal, when he married the rich woman he expected to win that he would give me a fortune ample for myself and my children for the balance of my life. I think it was the thought of his marrying another woman when my child was coming into the world fatherless that made me beside myself, but I could not bear it and I said some dreadful things.