Speaker 1: This is section fifty four of The Gilded Age, A
Speaker 1: Tale of to Day. This LibriVox recording is in the
Speaker 1: public domain. The Gilded Age, A Tale of to Day
Speaker 1: by Mark Twain and C. D. Warner, Chapter fifty four.
Speaker 1: The case of the State of New York against Laura
Speaker 1: Hawkins was finally set down for trial on the fifteenth
Speaker 1: day of February, less than a year after the shooting
Speaker 1: of George Selby. If the public had almost forgotten the
Speaker 1: existence of Laura and her crime, they were reminded of
Speaker 1: all the details of the murder by the newspapers, which
Speaker 1: for some days had been announcing the approaching trial. But
Speaker 1: they had not forgotten. The sex, the age, the beauty
Speaker 1: of the prisoner, her high social position in Washington, the
Speaker 1: unparalleled calmness with which the crime was committed had all
Speaker 1: conspired to fix the event in the public mind. Although
Speaker 1: nearly three hundred and sixty five subsequent murders had occurred
Speaker 1: to vary the monotony of metropolitan life, no the public
Speaker 1: read from time to time of the lovely prisoner languishing
Speaker 1: in the city prison, the tortured victim of the law's delay,
Speaker 1: and as the months went by, it was natural that
Speaker 1: the horror of her crime should become a little indistinct
Speaker 1: in memory, while the heroine of it should be invested
Speaker 1: with a sort of sentimental interest. Perhaps her counsel had
Speaker 1: calculated on this. Perhaps it was by their advice that
Speaker 1: Laura had interested herself in the unfortunate criminals who shared
Speaker 1: her prison confinement, and had done not a little to
Speaker 1: relieve from her own purse the necessities of some of
Speaker 1: the poor creatures. That she had done this, the public
Speaker 1: read in the journals of the day, and the simple
Speaker 1: announcement cast a softening light upon her character. The courtroom
Speaker 1: was crowded at an early hour before the arrival of judges, lawyers,
Speaker 1: and prisoner. There is no enjoyment so keen to certain
Speaker 1: minds as that of looking upon the slow torture of
Speaker 1: a human being on trial for life, except it be
Speaker 1: an execution. There is no display of human ingenuity, wit,
Speaker 1: and power so fascinating as that made by trained lawyers
Speaker 1: in the trial of an important case. Nowhere else is
Speaker 1: exhibited such subtlety, acumen, address eloquence. All the conditions of
Speaker 1: intense excitement meet in a murder trial. The awful issue
Speaker 1: at stake gives significance to the lightest word, or look
Speaker 1: how the quick eyes of the spectators rove from the
Speaker 1: stolid jury to the keen lawyers, the impassive judge, the
Speaker 1: anxious prisoner. Nothing is lost of the sharp wrangle of
Speaker 1: the council on points of law, the measured decisions of
Speaker 1: the bench, the duels between the attorneys and the witnesses.
Speaker 1: The crowd sways with the rise and fall of the
Speaker 1: shifting testimony in sympathetic interest, and hangs upon the dicta
Speaker 1: of the judge in breathless silence. It speedily takes sides
Speaker 1: for or against the accused, and recognizes as quickly its
Speaker 1: favorites Among the lawyers. Nothing delights it more than the
Speaker 1: sharp retort of a witness and the discomfiture of an
Speaker 1: obnoxious attorney. A joke, even if it be a lame one,
Speaker 1: is nowhere so keenly relished or quickly applauded as in
Speaker 1: a murder trial. Within the bar, the young lawyers and
Speaker 1: the privileged hangers on filled all the chairs except those
Speaker 1: reserved at the table for those engaged in the case. Without.
Speaker 1: The throng occupied all the seats, the window ledges, and
Speaker 1: the standing room. The atmosphere was already something horrible. It
Speaker 1: was the peculiar odor of a criminal court, as if
Speaker 1: it were tainted by the presence in different persons of
Speaker 1: all the crimes that men and women can commit. There
Speaker 1: was a little stir when the prosecuting attorney, with two assistants,
Speaker 1: made his way in, seated himself at the table, and
Speaker 1: spread his papers before him. There was more stir when
Speaker 1: the counsel of the defense appeared. They were mister Braham,
Speaker 1: the senior, and mister Quiggle, and mister O'Keefe the junior's.
Speaker 1: Everybody in the courtroom knew mister Braham, the great criminal lawyer,
Speaker 1: and he was not unaware that he was the object
Speaker 1: of all eyes as he moved to his place, bowing
Speaker 1: to his friends in the bar. A large but rather
Speaker 1: spare man with broad shoulders and a massive head, covered
Speaker 1: with chestnut curls, which fell down upon his coat collar,
Speaker 1: and which he had a habit of shaking as a
Speaker 1: lion is supposed to shake his mane. His face was
Speaker 1: clean shaven, and he had a wide mouth and rather small,
Speaker 1: dark eyes set quite too near together. Mister Braham wore
Speaker 1: a brown frock coat buttoned across his breast, with a
Speaker 1: rose bud in the upper buttonhole and light pantaloons. A
Speaker 1: diamond stud was seen to flash from his bosom, and
Speaker 1: as he seated himself and drew off his gloves, a
Speaker 1: heavy seal ring was displayed upon his white left hand.
Speaker 1: Mister Braham, having seated himself, Weelf, deliberately surveyed the entire house,
Speaker 1: made a remark to one of his assistants, and then,
Speaker 1: taking an ivory handled knife from his pocket, began to
Speaker 1: pare his finger nails, rocking his chair backwards and forwards slowly.
Speaker 1: A moment later, Judge O'Shaughnessy entered at the rear door
Speaker 1: and took his seat in one of the chairs behind
Speaker 1: the bench. A gentleman in black broadcloth with sandy hair,
Speaker 1: inclined to curl a round, reddish and rather jovial face,
Speaker 1: sharp rather than intellectual, and with a self sufficient air.
Speaker 1: His career had nothing remarkable in it. He was descended
Speaker 1: from a long line of Irish kings, and he was
Speaker 1: the first one of them who had ever come into
Speaker 1: his kingdom, the kingdom of such being the city of
Speaker 1: New York. He had, in fact descended so far and
Speaker 1: so low that he found himself when a boy a
Speaker 1: sort of street arab in that city. But he had
Speaker 1: ambition and native shrewdness, and he hededily took to boot
Speaker 1: polishing and newspaper hawking. Became the office and errand boy
Speaker 1: of a law firm, picked up knowledge enough to get
Speaker 1: some employment in police courts, was admitted to the bar,
Speaker 1: became a rising young politician, went to the legislature, and
Speaker 1: was finally elected to the bench, which he now honored.
Speaker 1: In this democratic country, he was obliged to conceal his
Speaker 1: loyalty under a plebeian aspect. Judge O'Shaughnessy never had a
Speaker 1: lucrative practice nor a large salary, but he had prudently
Speaker 1: laid away money, believing that a dependent judge can never
Speaker 1: be impartial, and he had lands and houses to the
Speaker 1: value of three or four hundred thousand dollars. Had he
Speaker 1: not helped to build and furnish this very court house,
Speaker 1: did he not know that the very spittoon which his
Speaker 1: judge ship used cost the city the sum of one
Speaker 1: thousand dollars. As soon as the judge was seated, the
Speaker 1: court was opened with the oisi is of the officer
Speaker 1: in his native language. The case called, and the sheriff
Speaker 1: was directed to bring in the prisoner. In the midst
Speaker 1: of a profound hush, Laura entered, leaning on the arm
Speaker 1: of the officer, and was conducted to a seat by
Speaker 1: her counsel. She was followed by her mother and by
Speaker 1: Washington Hawkins, who were given seats near her. Laura was
Speaker 1: very pale, but this pallor heightened the luster of her
Speaker 1: large eyes and gave a touching sadness to her expressive face.
Speaker 1: She was dressed in simple black, with exquisite taste, and
Speaker 1: without an ornament. The thin lace veil which partially covered
Speaker 1: her face, did not so much conceal as heighten her beauty.
Speaker 1: She would not have entered a drawing room with more
Speaker 1: self poise, nor a church with more haughty humility. There
Speaker 1: was in her manner or face neither shame nor boldness,
Speaker 1: And when she took her seat in full view of
Speaker 1: half the spectator's her eyes were downcast. A murmur of
Speaker 1: admiration ran through the room. The newspaper reporters made their
Speaker 1: pencils fly. Mister Braham again swept his eyes over the house,
Speaker 1: as if in approval. When Laura at length, raised her
Speaker 1: eyes a little. She saw Philip and Harry within the bar,
Speaker 1: but she gave no token of recognition. The clerk then
Speaker 1: read the indictment, which was in the usual form. It
Speaker 1: charged Laura Hawkins in effect with the premeditated murder of
Speaker 1: George Selby by shooting him with a pistol, with a revolver,
Speaker 1: shot gun, rifle, repeater, breech loader, cannon, six shooter with
Speaker 1: a gun or some other weapon, with killing him with
Speaker 1: a slung shot, a bludgeon, carving knife, bowie knife, pen knife,
Speaker 1: rolling pin, car hook, dagger, hairpin with a hammer, with
Speaker 1: a screwdriver, with a nail, and with all other weapons
Speaker 1: and utensils whatsoever at the Southern Hotel, and in all
Speaker 1: other hotels and places, wheresoever, on the thirteenth day of March,
Speaker 1: and all other days of the Christian era wheresoever. Laura
Speaker 1: stood while the long indictment was read, and at the end,
Speaker 1: in response to the inquiry of the judge, she said,
Speaker 1: in a clear, low voice, not guilty. She sat down,
Speaker 1: and the court proceeded to impanel a jury. The first
Speaker 1: man called was Michael Lanigan, saloon keeper. Have you formed
Speaker 1: or expressed any opinion on this case? And do you
Speaker 1: know any of the parties? Not any, said mister Lanigan.
Speaker 1: Have you any conscientious objections to capital punishment? No, sir,
Speaker 1: not to my knowledge. Have you read anything about this case?
Speaker 1: To be sure? I read the paper's yonner objected to
Speaker 1: by mister Braham for cause and discharged. Patrick Coughlin. What
Speaker 1: is your business? Well, I haven't got any particular business.
Speaker 1: Haven't any particular gular business. Eh? Well, what's your general business?
Speaker 1: What do you do for a living? I own some terriers, sir,
Speaker 1: own some terriers, eh, keep a rat pit. Gentlemen comes
Speaker 1: there to have a little sport. I never fit em. Sir. Oh,
Speaker 1: I see you are probably the Amusement committee of the
Speaker 1: City Council. Have you ever heard of this case? Not
Speaker 1: till this morning? Sir? Can you read not fine print?
Speaker 1: Your honor? The man was about to be sworn when
Speaker 1: mister Braham asked, could your father read? Oh, gentleman was
Speaker 1: mighty handy at that? Sir. Mister Braham submitted that the
Speaker 1: man was disqualified. Judge thought not point argued, challenged peremptorily,
Speaker 1: and set aside ethan daub cart driver. Can you read? Yes?
Speaker 1: But haven't a habit of it? Have you heard of
Speaker 1: this case? I think so, but it might be another.
Speaker 1: I have no opinion about it. A thah tha there,
Speaker 1: hold on a bit. Did anybody tell you to say
Speaker 1: you had no opinion about it? No, sir, take care?
Speaker 1: Now take care? Then? What suggested it to you to
Speaker 1: volunteer that remark? I've always asked that when I was
Speaker 1: on juries? All right, then have you any conscientious scruples
Speaker 1: about capital punishment? Any which would you object to finding
Speaker 1: a person guilty of murder on evidence? I might, sir,
Speaker 1: if I thought he wasn't guilty. The district attorney thought
Speaker 1: he saw a point. Would this feeling rather incline you
Speaker 1: against a capital conviction? The juror said he hadn't any
Speaker 1: feeling and didn't know any of the parties, accepted and
Speaker 1: sworn denis laughin, laborer, have neither formed nor expressed an opinion,
Speaker 1: never had heard of the case. Believed in hanging for
Speaker 1: them that deserved it, could read if it was necessary.
Speaker 1: Mister Braham objected, the man was evidently bloody minded, challenged peremptorily.
Speaker 1: Larry O'Toole contractor, a showily dressed man of the style
Speaker 1: known as vulgar genteel had a sharp eye and a
Speaker 1: ready tongue. Had read the newspaper reports of the case,
Speaker 1: but they made no impression on him. Should be governed
Speaker 1: by the evidence. Knew no reason why he could not
Speaker 1: be an impartial juror. Questioned by district attorney, how is
Speaker 1: it that the reports made no impression on you? Never
Speaker 1: believe anything I see in the newspapers. Laughter from the crowd,
Speaker 1: approving smiles from his honor, and mister Braham juror sworn in.
Speaker 1: Mister Braham whispered to O'Keefe, that's the man, Avery Hicks,
Speaker 1: peanut peddler. Did he ever hear of this case? The
Speaker 1: man shook his head. Can you read no any scruples
Speaker 1: about capital punishment? No? He was about to be sworn
Speaker 1: when the district attorney, turning to him, carelessly, remarked, understand
Speaker 1: the nature of an oath? Outside, said the man, pointing
Speaker 1: to the door. I say, do you know what an
Speaker 1: oath is? Five cents? Explained the man. Do you mean
Speaker 1: to insult me, roared the prosecuting officer. Are you an idiot?
Speaker 1: Fresh baked? I'm deef. I don't hear a word you
Speaker 1: say the man was discharged, he wouldn't have made a
Speaker 1: bad juror, though whispered Braham, I saw him looking at
Speaker 1: the prisoner sympathizingly. That's the point you want to watch for.
Speaker 1: The result of the whole day's work was the selection
Speaker 1: of only two jurors. These, however, were satisfactory to mister Braham.
Speaker 1: He had kept off all those he did not know.
Speaker 1: No one knew better than this great criminal lawyer that
Speaker 1: the battle was fought on the selection of the jury.
Speaker 1: The subsequent examination of witnesses, the eloquence expended on the
Speaker 1: jury are all for effect outside at least, that is
Speaker 1: the theory of mister Braham. But human nature is a
Speaker 1: queer thing, he admits, Sometimes yours are unaccountably swayed. Be
Speaker 1: as careful as you can in choosing them. It was
Speaker 1: four weary days before this jury was made up, but
Speaker 1: when it was finally complete, it did great credit to
Speaker 1: the Council for the defense. So far as mister Braham knew,
Speaker 1: only two could read, one of whom was the foreman,
Speaker 1: mister Braham's friend, the showy contractor. Low foreheads and heavy faces,
Speaker 1: they all had, some had a look of animal cunning,
Speaker 1: while the most were only stupid. The entire panel formed
Speaker 1: that boasted heritage, commonly described as the bulwark of our liberties.
Speaker 1: The district Attorney, mister mc flynn opened the case for
Speaker 1: the state. He spoke with only the slightest accent, one
Speaker 1: that had been inherited but not cultivated. He contented himself
Speaker 1: with a brief statement of the case. The state would
Speaker 1: prove that Laura Hawkins, the prisoner at the bar, a
Speaker 1: fiend in the form of a beautiful woman shot dead.
Speaker 1: George Sell, a Southern gentleman at the time and place,
Speaker 1: described that the murder was in cold blood, deliberate and
Speaker 1: without provocation, that it had been long premeditated, and threatened,
Speaker 1: that she had followed the deceased from Washington to commit it.
Speaker 1: All this would be proved by unimpeachable witnesses. The attorney
Speaker 1: added that the duty of the jury, however painful it
Speaker 1: might be, would be plain and simple. They were citizens, husbands,
Speaker 1: perhaps fathers. They knew how insecure life had become in
Speaker 1: the metropolis. Tomorrow, our own wives might be widows, their
Speaker 1: own children orphans, like the bereaved family and Yonder Hotel,
Speaker 1: deprived of husband, and father by the jealous hand of
Speaker 1: some murderous female. The attorney sat down, and the clerk
Speaker 1: called Henry Briarly. End of Chapter fifty four.