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<v Speaker 1>This is section fifty four of The Gilded Age, A

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<v Speaker 1>Tale of to Day. This LibriVox recording is in the

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<v Speaker 1>public domain. The Gilded Age, A Tale of to Day

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<v Speaker 1>by Mark Twain and C. D. Warner, Chapter fifty four.

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<v Speaker 1>The case of the State of New York against Laura

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<v Speaker 1>Hawkins was finally set down for trial on the fifteenth

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<v Speaker 1>day of February, less than a year after the shooting

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<v Speaker 1>of George Selby. If the public had almost forgotten the

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<v Speaker 1>existence of Laura and her crime, they were reminded of

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<v Speaker 1>all the details of the murder by the newspapers, which

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<v Speaker 1>for some days had been announcing the approaching trial. But

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<v Speaker 1>they had not forgotten. The sex, the age, the beauty

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<v Speaker 1>of the prisoner, her high social position in Washington, the

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<v Speaker 1>unparalleled calmness with which the crime was committed had all

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<v Speaker 1>conspired to fix the event in the public mind. Although

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<v Speaker 1>nearly three hundred and sixty five subsequent murders had occurred

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<v Speaker 1>to vary the monotony of metropolitan life, no the public

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<v Speaker 1>read from time to time of the lovely prisoner languishing

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<v Speaker 1>in the city prison, the tortured victim of the law's delay,

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<v Speaker 1>and as the months went by, it was natural that

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<v Speaker 1>the horror of her crime should become a little indistinct

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<v Speaker 1>in memory, while the heroine of it should be invested

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<v Speaker 1>with a sort of sentimental interest. Perhaps her counsel had

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<v Speaker 1>calculated on this. Perhaps it was by their advice that

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<v Speaker 1>Laura had interested herself in the unfortunate criminals who shared

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<v Speaker 1>her prison confinement, and had done not a little to

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<v Speaker 1>relieve from her own purse the necessities of some of

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<v Speaker 1>the poor creatures. That she had done this, the public

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<v Speaker 1>read in the journals of the day, and the simple

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<v Speaker 1>announcement cast a softening light upon her character. The courtroom

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<v Speaker 1>was crowded at an early hour before the arrival of judges, lawyers,

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<v Speaker 1>and prisoner. There is no enjoyment so keen to certain

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<v Speaker 1>minds as that of looking upon the slow torture of

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<v Speaker 1>a human being on trial for life, except it be

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<v Speaker 1>an execution. There is no display of human ingenuity, wit,

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<v Speaker 1>and power so fascinating as that made by trained lawyers

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<v Speaker 1>in the trial of an important case. Nowhere else is

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<v Speaker 1>exhibited such subtlety, acumen, address eloquence. All the conditions of

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<v Speaker 1>intense excitement meet in a murder trial. The awful issue

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<v Speaker 1>at stake gives significance to the lightest word, or look

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<v Speaker 1>how the quick eyes of the spectators rove from the

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<v Speaker 1>stolid jury to the keen lawyers, the impassive judge, the

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<v Speaker 1>anxious prisoner. Nothing is lost of the sharp wrangle of

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<v Speaker 1>the council on points of law, the measured decisions of

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<v Speaker 1>the bench, the duels between the attorneys and the witnesses.

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<v Speaker 1>The crowd sways with the rise and fall of the

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<v Speaker 1>shifting testimony in sympathetic interest, and hangs upon the dicta

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<v Speaker 1>of the judge in breathless silence. It speedily takes sides

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<v Speaker 1>for or against the accused, and recognizes as quickly its

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<v Speaker 1>favorites Among the lawyers. Nothing delights it more than the

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<v Speaker 1>sharp retort of a witness and the discomfiture of an

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<v Speaker 1>obnoxious attorney. A joke, even if it be a lame one,

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<v Speaker 1>is nowhere so keenly relished or quickly applauded as in

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<v Speaker 1>a murder trial. Within the bar, the young lawyers and

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<v Speaker 1>the privileged hangers on filled all the chairs except those

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<v Speaker 1>reserved at the table for those engaged in the case. Without.

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<v Speaker 1>The throng occupied all the seats, the window ledges, and

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<v Speaker 1>the standing room. The atmosphere was already something horrible. It

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<v Speaker 1>was the peculiar odor of a criminal court, as if

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<v Speaker 1>it were tainted by the presence in different persons of

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<v Speaker 1>all the crimes that men and women can commit. There

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<v Speaker 1>was a little stir when the prosecuting attorney, with two assistants,

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<v Speaker 1>made his way in, seated himself at the table, and

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<v Speaker 1>spread his papers before him. There was more stir when

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<v Speaker 1>the counsel of the defense appeared. They were mister Braham,

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<v Speaker 1>the senior, and mister Quiggle, and mister O'Keefe the junior's.

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<v Speaker 1>Everybody in the courtroom knew mister Braham, the great criminal lawyer,

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<v Speaker 1>and he was not unaware that he was the object

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<v Speaker 1>of all eyes as he moved to his place, bowing

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<v Speaker 1>to his friends in the bar. A large but rather

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<v Speaker 1>spare man with broad shoulders and a massive head, covered

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<v Speaker 1>with chestnut curls, which fell down upon his coat collar,

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<v Speaker 1>and which he had a habit of shaking as a

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<v Speaker 1>lion is supposed to shake his mane. His face was

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<v Speaker 1>clean shaven, and he had a wide mouth and rather small,

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<v Speaker 1>dark eyes set quite too near together. Mister Braham wore

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<v Speaker 1>a brown frock coat buttoned across his breast, with a

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<v Speaker 1>rose bud in the upper buttonhole and light pantaloons. A

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<v Speaker 1>diamond stud was seen to flash from his bosom, and

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<v Speaker 1>as he seated himself and drew off his gloves, a

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<v Speaker 1>heavy seal ring was displayed upon his white left hand.

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<v Speaker 1>Mister Braham, having seated himself, Weelf, deliberately surveyed the entire house,

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<v Speaker 1>made a remark to one of his assistants, and then,

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<v Speaker 1>taking an ivory handled knife from his pocket, began to

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<v Speaker 1>pare his finger nails, rocking his chair backwards and forwards slowly.

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<v Speaker 1>A moment later, Judge O'Shaughnessy entered at the rear door

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<v Speaker 1>and took his seat in one of the chairs behind

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<v Speaker 1>the bench. A gentleman in black broadcloth with sandy hair,

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<v Speaker 1>inclined to curl a round, reddish and rather jovial face,

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<v Speaker 1>sharp rather than intellectual, and with a self sufficient air.

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<v Speaker 1>His career had nothing remarkable in it. He was descended

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<v Speaker 1>from a long line of Irish kings, and he was

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<v Speaker 1>the first one of them who had ever come into

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<v Speaker 1>his kingdom, the kingdom of such being the city of

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<v Speaker 1>New York. He had, in fact descended so far and

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<v Speaker 1>so low that he found himself when a boy a

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<v Speaker 1>sort of street arab in that city. But he had

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<v Speaker 1>ambition and native shrewdness, and he hededily took to boot

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<v Speaker 1>polishing and newspaper hawking. Became the office and errand boy

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<v Speaker 1>of a law firm, picked up knowledge enough to get

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<v Speaker 1>some employment in police courts, was admitted to the bar,

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<v Speaker 1>became a rising young politician, went to the legislature, and

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<v Speaker 1>was finally elected to the bench, which he now honored.

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<v Speaker 1>In this democratic country, he was obliged to conceal his

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<v Speaker 1>loyalty under a plebeian aspect. Judge O'Shaughnessy never had a

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<v Speaker 1>lucrative practice nor a large salary, but he had prudently

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<v Speaker 1>laid away money, believing that a dependent judge can never

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<v Speaker 1>be impartial, and he had lands and houses to the

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<v Speaker 1>value of three or four hundred thousand dollars. Had he

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<v Speaker 1>not helped to build and furnish this very court house,

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<v Speaker 1>did he not know that the very spittoon which his

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<v Speaker 1>judge ship used cost the city the sum of one

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<v Speaker 1>thousand dollars. As soon as the judge was seated, the

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<v Speaker 1>court was opened with the oisi is of the officer

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<v Speaker 1>in his native language. The case called, and the sheriff

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<v Speaker 1>was directed to bring in the prisoner. In the midst

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<v Speaker 1>of a profound hush, Laura entered, leaning on the arm

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<v Speaker 1>of the officer, and was conducted to a seat by

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<v Speaker 1>her counsel. She was followed by her mother and by

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<v Speaker 1>Washington Hawkins, who were given seats near her. Laura was

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<v Speaker 1>very pale, but this pallor heightened the luster of her

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<v Speaker 1>large eyes and gave a touching sadness to her expressive face.

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<v Speaker 1>She was dressed in simple black, with exquisite taste, and

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<v Speaker 1>without an ornament. The thin lace veil which partially covered

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<v Speaker 1>her face, did not so much conceal as heighten her beauty.

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<v Speaker 1>She would not have entered a drawing room with more

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<v Speaker 1>self poise, nor a church with more haughty humility. There

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<v Speaker 1>was in her manner or face neither shame nor boldness,

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<v Speaker 1>And when she took her seat in full view of

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<v Speaker 1>half the spectator's her eyes were downcast. A murmur of

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<v Speaker 1>admiration ran through the room. The newspaper reporters made their

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<v Speaker 1>pencils fly. Mister Braham again swept his eyes over the house,

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<v Speaker 1>as if in approval. When Laura at length, raised her

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<v Speaker 1>eyes a little. She saw Philip and Harry within the bar,

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<v Speaker 1>but she gave no token of recognition. The clerk then

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<v Speaker 1>read the indictment, which was in the usual form. It

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<v Speaker 1>charged Laura Hawkins in effect with the premeditated murder of

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<v Speaker 1>George Selby by shooting him with a pistol, with a revolver,

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<v Speaker 1>shot gun, rifle, repeater, breech loader, cannon, six shooter with

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<v Speaker 1>a gun or some other weapon, with killing him with

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<v Speaker 1>a slung shot, a bludgeon, carving knife, bowie knife, pen knife,

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<v Speaker 1>rolling pin, car hook, dagger, hairpin with a hammer, with

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<v Speaker 1>a screwdriver, with a nail, and with all other weapons

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<v Speaker 1>and utensils whatsoever at the Southern Hotel, and in all

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<v Speaker 1>other hotels and places, wheresoever, on the thirteenth day of March,

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<v Speaker 1>and all other days of the Christian era wheresoever. Laura

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<v Speaker 1>stood while the long indictment was read, and at the end,

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<v Speaker 1>in response to the inquiry of the judge, she said,

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<v Speaker 1>in a clear, low voice, not guilty. She sat down,

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<v Speaker 1>and the court proceeded to impanel a jury. The first

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<v Speaker 1>man called was Michael Lanigan, saloon keeper. Have you formed

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<v Speaker 1>or expressed any opinion on this case? And do you

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<v Speaker 1>know any of the parties? Not any, said mister Lanigan.

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<v Speaker 1>Have you any conscientious objections to capital punishment? No, sir,

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<v Speaker 1>not to my knowledge. Have you read anything about this case?

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<v Speaker 1>To be sure? I read the paper's yonner objected to

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<v Speaker 1>by mister Braham for cause and discharged. Patrick Coughlin. What

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<v Speaker 1>is your business? Well, I haven't got any particular business.

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<v Speaker 1>Haven't any particular gular business. Eh? Well, what's your general business?

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<v Speaker 1>What do you do for a living? I own some terriers, sir,

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<v Speaker 1>own some terriers, eh, keep a rat pit. Gentlemen comes

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<v Speaker 1>there to have a little sport. I never fit em. Sir. Oh,

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<v Speaker 1>I see you are probably the Amusement committee of the

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<v Speaker 1>City Council. Have you ever heard of this case? Not

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<v Speaker 1>till this morning? Sir? Can you read not fine print?

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<v Speaker 1>Your honor? The man was about to be sworn when

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<v Speaker 1>mister Braham asked, could your father read? Oh, gentleman was

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<v Speaker 1>mighty handy at that? Sir. Mister Braham submitted that the

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<v Speaker 1>man was disqualified. Judge thought not point argued, challenged peremptorily,

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<v Speaker 1>and set aside ethan daub cart driver. Can you read? Yes?

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<v Speaker 1>But haven't a habit of it? Have you heard of

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<v Speaker 1>this case? I think so, but it might be another.

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<v Speaker 1>I have no opinion about it. A thah tha there,

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<v Speaker 1>hold on a bit. Did anybody tell you to say

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<v Speaker 1>you had no opinion about it? No, sir, take care?

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<v Speaker 1>Now take care? Then? What suggested it to you to

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<v Speaker 1>volunteer that remark? I've always asked that when I was

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<v Speaker 1>on juries? All right, then have you any conscientious scruples

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<v Speaker 1>about capital punishment? Any which would you object to finding

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<v Speaker 1>a person guilty of murder on evidence? I might, sir,

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<v Speaker 1>if I thought he wasn't guilty. The district attorney thought

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<v Speaker 1>he saw a point. Would this feeling rather incline you

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<v Speaker 1>against a capital conviction? The juror said he hadn't any

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<v Speaker 1>feeling and didn't know any of the parties, accepted and

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<v Speaker 1>sworn denis laughin, laborer, have neither formed nor expressed an opinion,

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<v Speaker 1>never had heard of the case. Believed in hanging for

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<v Speaker 1>them that deserved it, could read if it was necessary.

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<v Speaker 1>Mister Braham objected, the man was evidently bloody minded, challenged peremptorily.

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<v Speaker 1>Larry O'Toole contractor, a showily dressed man of the style

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<v Speaker 1>known as vulgar genteel had a sharp eye and a

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<v Speaker 1>ready tongue. Had read the newspaper reports of the case,

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<v Speaker 1>but they made no impression on him. Should be governed

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<v Speaker 1>by the evidence. Knew no reason why he could not

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<v Speaker 1>be an impartial juror. Questioned by district attorney, how is

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<v Speaker 1>it that the reports made no impression on you? Never

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<v Speaker 1>believe anything I see in the newspapers. Laughter from the crowd,

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<v Speaker 1>approving smiles from his honor, and mister Braham juror sworn in.

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<v Speaker 1>Mister Braham whispered to O'Keefe, that's the man, Avery Hicks,

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<v Speaker 1>peanut peddler. Did he ever hear of this case? The

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<v Speaker 1>man shook his head. Can you read no any scruples

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<v Speaker 1>about capital punishment? No? He was about to be sworn

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<v Speaker 1>when the district attorney, turning to him, carelessly, remarked, understand

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<v Speaker 1>the nature of an oath? Outside, said the man, pointing

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<v Speaker 1>to the door. I say, do you know what an

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<v Speaker 1>oath is? Five cents? Explained the man. Do you mean

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<v Speaker 1>to insult me, roared the prosecuting officer. Are you an idiot?

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<v Speaker 1>Fresh baked? I'm deef. I don't hear a word you

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<v Speaker 1>say the man was discharged, he wouldn't have made a

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<v Speaker 1>bad juror, though whispered Braham, I saw him looking at

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<v Speaker 1>the prisoner sympathizingly. That's the point you want to watch for.

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<v Speaker 1>The result of the whole day's work was the selection

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<v Speaker 1>of only two jurors. These, however, were satisfactory to mister Braham.

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<v Speaker 1>He had kept off all those he did not know.

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<v Speaker 1>No one knew better than this great criminal lawyer that

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<v Speaker 1>the battle was fought on the selection of the jury.

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<v Speaker 1>The subsequent examination of witnesses, the eloquence expended on the

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<v Speaker 1>jury are all for effect outside at least, that is

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<v Speaker 1>the theory of mister Braham. But human nature is a

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<v Speaker 1>queer thing, he admits, Sometimes yours are unaccountably swayed. Be

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<v Speaker 1>as careful as you can in choosing them. It was

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<v Speaker 1>four weary days before this jury was made up, but

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<v Speaker 1>when it was finally complete, it did great credit to

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<v Speaker 1>the Council for the defense. So far as mister Braham knew,

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<v Speaker 1>only two could read, one of whom was the foreman,

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<v Speaker 1>mister Braham's friend, the showy contractor. Low foreheads and heavy faces,

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<v Speaker 1>they all had, some had a look of animal cunning,

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<v Speaker 1>while the most were only stupid. The entire panel formed

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<v Speaker 1>that boasted heritage, commonly described as the bulwark of our liberties.

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<v Speaker 1>The district Attorney, mister mc flynn opened the case for

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<v Speaker 1>the state. He spoke with only the slightest accent, one

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<v Speaker 1>that had been inherited but not cultivated. He contented himself

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<v Speaker 1>with a brief statement of the case. The state would

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<v Speaker 1>prove that Laura Hawkins, the prisoner at the bar, a

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<v Speaker 1>fiend in the form of a beautiful woman shot dead.

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<v Speaker 1>George Sell, a Southern gentleman at the time and place,

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<v Speaker 1>described that the murder was in cold blood, deliberate and

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<v Speaker 1>without provocation, that it had been long premeditated, and threatened,

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<v Speaker 1>that she had followed the deceased from Washington to commit it.

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<v Speaker 1>All this would be proved by unimpeachable witnesses. The attorney

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<v Speaker 1>added that the duty of the jury, however painful it

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<v Speaker 1>might be, would be plain and simple. They were citizens, husbands,

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<v Speaker 1>perhaps fathers. They knew how insecure life had become in

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<v Speaker 1>the metropolis. Tomorrow, our own wives might be widows, their

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<v Speaker 1>own children orphans, like the bereaved family and Yonder Hotel,

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<v Speaker 1>deprived of husband, and father by the jealous hand of

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<v Speaker 1>some murderous female. The attorney sat down, and the clerk

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<v Speaker 1>called Henry Briarly. End of Chapter fifty four.