Henry Brierly took the stand. Requested by the District Attorney to tell the jury all he knew about the killing, he narrated the circumstances substantially as the reader already knows them. He accompanied Miss Hawkins to New York at her request, supposing she was coming in relation to a bill then pending in Congress, to secure the attendance of absent members. Her note to him was here shown. She appeared to be very much excited at the Washington station. After she had asked the conductor several questions, he heard her say, “He can’t escape.” Witness asked her “Who?” and she replied “Nobody.” Did not see her during the night. They traveled in a sleeping car. In the morning she appeared not to have slept, said she had a headache. In crossing the ferry she asked him about the shipping in sight; he pointed out where the Cunarders lay when in port. They took a cup of coffee that morning at a restaurant. She said she was anxious to reach the Southern Hotel where Mr. Simons, one of the absent members, was staying, before he went out. She was entirely self-possessed, and beyond unusual excitement did not act unnaturally. After she had fired twice at Col. Selby, she turned the pistol towards her own breast, and witness snatched it from her. She had been a great deal with Selby in Washington, appeared to be infatuated with him.
(Cross-examined by Mr. Braham.) “Mist-er.....er Brierly!” (Mr. Braham had in perfection this lawyer’s trick of annoying a witness, by drawling out the “Mister,” as if unable to recall the name, until the witness is sufficiently aggravated, and then suddenly, with a rising inflection, flinging his name at him with startling unexpectedness.) “Mist-er.....er Brierly! What is your occupation?”
“Civil Engineer, sir.”
“Ah, civil engineer, (with a glance at the jury). Following that occupation with Miss Hawkins?” (Smiles by the jury).
“No, sir,” said Harry, reddening.
“How long have you known the prisoner?”
“Two years, sir. I made her acquaintance in Hawkeye, Missouri.”
“M.....m...m. Mist-er.....er Brierly! Were you not a lover of Miss Hawkins?”
Objected to. “I submit, your Honor, that I have the right to establish the relation of this unwilling witness to the prisoner.” Admitted.
“Well, sir,” said Harry hesitatingly, “we were friends.”
“You act like a friend!” (sarcastically.) The jury were beginning to hate this neatly dressed young sprig. “Mister......er....Brierly! Didn’t Miss Hawkins refuse you?”
Harry blushed and stammered and looked at the judge. “You must answer, sir,” said His Honor.
“She—she—didn’t accept me.”
“No. I should think not. Brierly do you dare tell the jury that you had not an interest in the removal of your rival, Col. Selby?” roared Mr. Braham in a voice of thunder.
“Nothing like this, sir, nothing like this,” protested the witness.
“That’s all, sir,” said Mr. Braham severely.
“One word,” said the District Attorney. “Had you the least suspicion of the prisoner’s intention, up to the moment of the shooting?”
“Not the least,” answered Harry earnestly.
“Of course not, of course not,” nodded Mr. Braham to the jury.
The prosecution then put upon the stand the other witnesses of the shooting at the hotel, and the clerk and the attending physicians. The fact of the homicide was clearly established. Nothing new was elicited, except from the clerk, in reply to a question by Mr. Braham, the fact that when the prisoner enquired for Col. Selby she appeared excited and there was a wild look in her eyes.
The dying deposition of Col. Selby was then produced. It set forth Laura’s threats, but there was a significant addition to it, which the newspaper report did not have. It seemed that after the deposition was taken as reported, the Colonel was told for the first time by his physicians that his wounds were mortal. He appeared to be in great mental agony and fear; and said he had not finished his deposition. He added, with great difficulty and long pauses these words. “I—have—not—told—all. I must tell—put—it—down—I—wronged—her. Years—ago—I—can’t see—O—God—I—deserved——” That was all. He fainted and did not revive again.
The Washington railway conductor testified that the prisoner had asked him if a gentleman and his family went out on the evening train, describing the persons he had since learned were Col. Selby and family.
Susan Cullum, colored servant at Senator Dilworthy’s, was sworn. Knew Col. Selby. Had seen him come to the house often, and be alone in the parlor with Miss Hawkins. He came the day but one before he was shot. She let him in. He appeared flustered like. She heard talking in the parlor, ’peared like it was quarrelin’. Was afeared sumfin’ was wrong: Just put her ear to—the—keyhole of the back parlor-door. Heard a man’s voice, “I—can’t—I can’t, Good God,” quite beggin’ like. Heard—young Miss’ voice, “Take your choice, then. If you ’bandon me, you knows what to ’spect.” Then he rushes outen the house, I goes in—and I says, “Missis did you ring?” She was a standin’ like a tiger, her eyes flashin’. I come right out.
This was the substance of Susan’s testimony, which was not shaken in the least by severe cross-examination. In reply to Mr. Braham’s question, if the prisoner did not look insane, Susan said, “Lord; no, sir, just mad as a hawnet.”
Washington Hawkins was sworn. The pistol, identified by the officer as the one used in the homicide, was produced Washington admitted that it was his. She had asked him for it one morning, saying she thought she had heard burglars the night before. Admitted that he never had heard burglars in the house. Had anything unusual happened just before that? Nothing that he remembered. Did he accompany her to a reception at Mrs. Shoonmaker’s a day or two before? Yes. What occurred? Little by little it was dragged out of the witness that Laura had behaved strangely there, appeared to be sick, and he had taken her home. Upon being pushed he admitted that she had afterwards confessed that she saw Selby there. And Washington volunteered the statement that Selby, was a black-hearted villain.
The District Attorney said, with some annoyance; “There—there! That will do.”
The defence declined to examine Mr. Hawkins at present. The case for the prosecution was closed. Of the murder there could not be the least doubt, or that the prisoner followed the deceased to New York with a murderous intent. On the evidence the jury must convict, and might do so without leaving their seats. This was the condition of the case two days after the jury had been selected. A week had passed since the trial opened; and a Sunday had intervened.
The public who read the reports of the evidence saw no chance for the prisoner’s escape. The crowd of spectators who had watched the trial were moved with the most profound sympathy for Laura.
Mr. Braham opened the case for the defence. His manner was subdued, and he spoke in so low a voice that it was only by reason of perfect silence in the court room that he could be heard. He spoke very distinctly, however, and if his nationality could be discovered in his speech it was only in a certain richness and breadth of tone.
He began by saying that he trembled at the responsibility he had undertaken; and he should altogether despair, if he did not see before him a jury of twelve men of rare intelligence, whose acute minds would unravel all the sophistries of the prosecution, men with a sense of honor, which would revolt at the remorseless per............