CHAPTER XXV
A THUNDERBOLT
The court-room was crowded when Colonel Andrews called the court toorder on Wednesday morning. Goddard's arrest had stirred interest inthe trial to fever heat, and the authorities had been besieged byrequests for cards of admission.
Mrs. Warren was late in arriving, having stopped in her carriage topick up Mrs. Arnold and Mrs. Bennett, and she found that every seat wasoccupied. But the orderly at a whispered word from the judge advocateplaced extra chairs for them near the center table. After thanking thejudge advocate for his courtesy, Mrs. Warren turned and lookedanxiously at Nancy.
The strain of the past two days had told on the girl. She lookedhaggard and worn, and her eyes were heavy from lack of sleep. Shecaught Mrs. Warren's eye, and smiled bravely in response to a friendlywave of the hand. She showed far more composure than either of hercounsel. Mr. Dwight was visibly nervous, and Warren preoccupied.
He and Doctor Ward had talked far into the early hours of the morning,without coming to any decision except that it would be best to ask astay of proceedings on the plea that new and vital evidence in Nancy'sbehalf could be procured. Warren hesitated even to do that. He realizedall too clearly that he was between the horns of a dilemma. If itchanced that Doctor Boyd's motive for killing Captain Lloyd was tosecure that despatch and thus protect Nancy, it would but establish herguilt as a rebel spy. No one would be likely to believe Boyd hadcommitted such a murder unless he _knew_, and feared the despatch wouldincriminate her if allowed to fall into Union hands.
Since seven o'clock Warren had been scouring the city in search of aclue as to Doctor Boyd's whereabouts, but without success. He had seenseveral of the doctor's patients, who could only tell him that DoctorBoyd had been unexpectedly called out of town, and before going hadnotified them to send for Doctor Ward if they needed medical attendanceduring his absence. Warren met with no better success when he madeinquiries at Boyd's house. After repeated ringing of the front bell,and knocking on the basement door, the old housekeeper finally answeredthe door. On learning Warren's errand, she said that the doctor toldher he was likely to return at any time; she had no idea where he hadgone, he had told her to keep all mail for him.
Warren glanced impatiently at his watch. Miss Metoaca was to be thefirst witness for the defence, and he had promised to escort her to thetrial. Realizing that he had little time to spare before the courtconvened, he called a hack, jumped into the vehicle, and was driven tothe Newtons'. Miss Metoaca was ready and waiting for him, and on theirway to Fourteenth Street Warren asked her if she could tell him whereDoctor Boyd had gone. Her reply was discouraging. She had not seen orheard of him for weeks.
"I would give anything in the world if he were here," added MissMetoaca, with emphasis. "He is devoted to Nancy."
Warren silently echoed her wish as he piloted her into the roomreserved for the witnesses.
The judge advocate's first witness that morning was an elderly man whoapparently did not relish his unexpected prominence before the public.He sat biting his nails and glancing uneasily at Nancy. When beingsworn he was ill at ease, and his behavior created a most unfavorableimpression on spectators and court alike.
"Your full name?" demanded the judge advocate.
"Oscar Brown."
"Occupation?"
"Druggist."
"Where is your drug store?"
"On F Street next the Ebbitt."
"You know the accused?"
"I don't exactly know Miss Newton," he grinned deprecatingly, "but Ihave put up prescriptions for her on numerous occasions."
"When did you last see the accused?"
"On the afternoon of the sixth of March, when she came into my store."
"Did she buy any drugs?"
"Yes, sir; a bottle of chloroform."
A gasp escaped Mrs. Warren which was clearly audible in the silentroom. Warren had not told his wife of Doctor Ward's startlingdiscovery, and Brown's testimony was a distinct shock to Nancy'stender-hearted and loyal friend.
"Did the accused state why she required chloroform?"
"She did, sir. Otherwise I would not have sold it to her. She said hercat had been run over and she wished to put it out of its misery. MissNewton is so well known, and her character then was respectable----"
"I object," challenged Warren instantly.
"Objection sustained. Witness, do not indulge in reflections. Confineyourself to answering the judge advocate's questions as briefly aspossible," ordered Colonel Andrews sternly.
"Yes, sir"--much abashed.
"Had the accused a bundle in her hand when she entered your store?"
"No, sir. I put the bottle of chloroform in an empty candy box for heras she said it was awkward carrying a round bottle, and she feared shewould drop it."
"Indeed!" The judge advocate's satisfaction was apparent. "State theexact time the accused was in your store."
"About a quarter to four, as far as I can remember. I did not enter thesale in my books at the time because Miss Newton said she was in ahurry."
"Have you any questions to ask the witness, Mr. Senator?" asked thejudge advocate. For answer Warren handed him a folded paper which heread aloud: "Was that the first time you sold chloroform to MissNewton?"
"I can't say. It might have been. I do a large business," was theevasive reply.
"Answer yes or no," thundered Colonel Andrews.
Cowed by the president's manner, Brown answered sullenly, "No."
"How many times have you sold her chloroform?" read Warren's nextquestion.
"At least three times."
"Since the new year?"
"Before and since; yes, sir."
"Did she state for what purpose she needed the drug?"
"Doctor John Boyd sent her to buy it for him when he was in a greathurry. Doctor Boyd had a class of young ladies who were learningfirst-aid to the injured, and Miss Newton acted as his assistant at theclinics."
At the man's words Warren started as if stung. A horrible possibilityhad occurred to him. Suppose Nancy had visited the doctor's office aswell as the drug store that afternoon! She was probably familiar withevery article in the doctor's office. Could she have known about thecurari? He passed his hand across his damp forehead; then turned to thewitness: "I have no further questions to ask you," and Brown beat ahasty retreat.
The judge advocate completed his last entry in his book, laid down hispen, and rose.
"The prosecution rests its case," he announced quietly.
After a brief consultation with Nancy and Dwight, Warren summoned MissMetoaca to the stand. The spinster's eyes filled with tears when shefirst saw Nancy. She was devoted to her niece, and the signs ofsuffering in Nancy's face cut her to the heart. She had to clear herthroat twice to get rid of a suspicious lump before she could be dulysworn. Though a witness for the defence, the judge advocate asked thefirst question, as is the custom in all courts-martial.
"Are you related to the accused?" he asked, when Miss Metoaca wasfinally settled in her chair.
"She is my niece, my brother's only child."
At that moment an orderly entered the room and handed a note to Warren.He quickly broke the seal and a muttered exclamation escaped him as heread its contents. He crushed the note in his hand, gave a fewlow-toned directions to his colleague, and left the room.
Warren had prepared his questions, and Mr. Dwight handed them one byone to the judge advocate.
"Do you own a cat?"
"I do, or rather, I did. She had to be chloroformed, much to Misery'sdelight."
"Misery?" Dwight was confused; he was not familiar with Misery, neverhaving made his acquaintance. "Who is Misery?"
"My niece's dog. He hated that cat."
The judge advocate frowned as he consulted the defence's next question."State to the court the exact day, and why, you chloroformed her."
"Let me see--it was the afternoon of Mrs. Arnold's ball, the sixth. Thecat was run over just before my niece went out, and I
asked her to buysome chloroform, thinking I might have to use it."
"Was the bottle full when the accused handed it to you?"
"To the best of my recollection it was."
"Did the accused appear excited or nervous when she returned with thechloroform?"
"No, sir."
"At what hour did she return?"
"About twenty minutes past six."
"I have no further questions to ask this witness," said Dwight. "Do youwish to cross-examine her, Mr. Judge Advocate?"
"Miss Newton," began the judge advocate, "have you taken the 'oath'?"
"I was under the impression you had just administered it to me,"exclaimed Miss Metoaca, mildly.
"I mean the oath of allegiance," reddening.
"No, sir."
"Nor the accused?"
"Neither of us, sir. We are law-abiding citizens."
"Are your sympathies with the Union or with the Confederacy?"
"They are divided," tranquilly. "I have relatives and friends in botharmies."
"Are you a rebel sympathizer? Answer yes or no."
"I am, sir; like many other Washington women."
"And is the accused also a rebel sympathizer?"
"I cannot answer for my niece's feelings."
"Where was the accused on the night of December 27th, 1864?"
"She spent Christmas with friends in Baltimore, and did not return toWashington until the day after New Year."
"Kindly give the names of these friends."
"Mr. and Mrs. William Murray, 24 Saratoga Street, Baltimore, Md."
The judge advocate made a note of the names and address.
"That is all, Miss Newton; you may retire."
As Miss Metoaca passed Nancy she bent over and whispered tenderly:"Don't worry, my darling; you will be acquitted." Then she was gone.
Mr. Davis rose. "May I ask the indulgence of the court," he saidnervously, "that a recess be taken until to-morrow morning? Our seniorcounsel, Senator Warren, has been called away."
"Has he been called out of town?" asked the president.
"Oh, no, Colonel."
"Did he say when he would be back?"
"He told me that he would return as soon as he could."
"Have you further testimony to offer?"
"No, sir."
"I object to postponement." The judge advocate rose. "It is unnecessarytaking up the valuable time of this commission, the members of whichhave been detached from their respective posts and regiments to serveon it. The Secretary of War has directed that the hearing be terminatedat the earliest possible date. If Senator Warren wished a recess heshould have so stated before leaving the room. As it is, the accused isstill represented by able counsel. If she does not wish to make astatement in her own defence, I will submit the case to the court."
"One moment," interposed Dwight firmly. "You forget, Mr. JudgeAdvocate, that your case is incomplete. The court has ruled thathearsay evidence will not be accepted. Belden, the scout, has not yettestified before this court as to----"
"I forget nothing," interrupted the judge advocate, heatedly. "Thefirst charge can wait. The second charge of wilful murder has beenproved against the accused."
"I deny it," retorted Dwight. "Without a motive you cannot prove amurder. The second charge hinges on the first; until that is proven thesecond cannot be----"
"I appeal to the court," broke in the judge advocate passionately. "Icontend this is simply a clever ruse to gain time. Can you doubt it,you who have seen the rope tightened about the prisoner'sthroat"--involuntarily Nancy's hand crept up to her neck and pluckednervously at her collar--"by the testimony of reputable witnesses?
"Captain Lloyd, a gallant soldier, was foully murdered in theperformance of his duty. You, his brother officers, have been told howthe murderess crept down stairs, crept into his bedroom, stole thepocketbook containing the incriminating paper; then, fearing that hemight still be able to prove her guilt, she leaned over the sleepingman--and silenced him forever. I tell you," he struck the table with nouncertain hand, "this has been proved. Let the counsel for the defencedeny it if they can."
"We deny nothing." With set, stern face Warren, who had enteredunnoticed some moments before, pushed his way through the crowded room.He passed Nancy, without look or word, and stopped midway between herchair and the seated officers. "We admit the truth of the judgeadvocate's statement."
A thunderbolt could not have created a greater sensation. The officers,as well as the spectators, sat dumb, bereft of speech. Nancy, growndeadly white, gazed at Warren with agonized, helpless eyes as hispowerful, relentless voice rang out:
"The judge advocate has described to you how she stole step by stepinto that room with murder in her heart, the guilt of former dayslending courage to a desperate act. With stealthy tread she crept up tothe bed, her hand fumbled for a moment in the folds of her dress, thendrew out a syringe. Deftly, and with practiced hand, she thrust thehypodermic needle into the brawny arm which, once so valiant in thefight, lay helpless on the pillow.
"Calmly she watched the poison flow into Lloyd's veins; then steppedback and dropped the syringe between the head-board and the mattress ofthe other empty bed. As her hands closed over Lloyd's coat the halldoor was pushed open--admitting only a friendly dog.
"Quickly she resumed her search, but another interruption stopped her.The sitting-room door opened. She started violently and stood withfast-beating heart. A hesitating step crossed the threshold. Graduallyher breath came back and her guilty heart beat more slowly. A blind mancould not harm her. She removed the pocket-book just as Goddard trippedover the dog. The sound of his fall aroused the stupefied figure on thebed. Faintly he whispered a name--a familiar name--the name of----"
"Another interruption stopped her.... A hesitating stepcrossed the threshold."]
A shriek rang out--the cry of a soul in torture! The spell-boundofficers sprang to their feet. Spectators climbed on their chairs for abetter view.
"Sit down! Sit down!" roared the judge advocate.
A figure tottered out into the aisle.
"Air! Air! I must have air!" The judge advocate stepped aside. "ForGod's sake, let me go!"
"That is just what we cannot do. Guard, here is your prisoner," andWarren caught Mrs. Bennett as she fell.