CHAPTER L.
SLIPPERY DICK RIGHTS A WRONG.
The prominence of the accused and of his friends, added to thesensational publication, made the case one of immense interest. Thecourt house was crowded to its utmost and room had to be made within thebar for prominent citizens. There was a "color line" feature in themurder, and the gallery was packed with curious black faces. Edward,quiet and self-contained, sat by his lawyers, and near him was the oldgeneral and Col. Montjoy. Slightly in the rear was Barksdale, calm andobservant. The State had subpoened Royson as a witness, and, smilinglyindifferent, he occupied a seat as a member of the bar, inside the rail.The case was called at last.
"The State versus Edward Morgan, murder. Mr. Solicitor, what do you sayfor the State?" asked the court.
"Ready."
"What do you say for the defense, gentlemen?"
"Ready."
"Mr. Clerk, call the jury." The panel was called and sworn. The work ofstriking the jury then proceeded. Eldridge and Dabney were cleverpractitioners and did not neglect any precaution. The jury list wasscanned and undesirable names eliminated with as much care as if theprisoner had small chance of escape.
This proceeding covered an hour, but at last the panel was complete andsworn. The defendant was so little known that this was a simple matter.
The witnesses for the State were then called and sworn. They consistedof the coroner, the physician who had examined the wound, and others,including Gen. Evan, Virdow and Royson. Gen. Evan and Virdow had alsobeen summoned by the defense.
As Royson took the oath it was observed that he was slightly pale andembarrassed, but this was attributed to the fact of his recent conflictand the eager state of the great crowd. No man in the room kept suchwatch upon him as Barksdale; never once did he take his eyes from thescarred face. Witnesses for the defense were then called--Gen. Evan andVirdow. They had taken the oath. The defense demanded that witnesses forthe State be sent out of the room until called. As Royson was rising tocomply with the requirement common in such cases, Dabney stood up andsaid:
"Before Mr. Royson goes out, may it please Your Honor, I wouldrespectfully ask of the solicitor what it is expected to prove by him?"
"We expect to prove, Your Honor, that Mr. Royson wrote a certain letterwhich charged the prisoner with being a man of mixed blood, and thatRita Morgan, the woman who was killed, was the woman in question and theonly authority; an important point in the case. Mr. Royson, I shouldsay, is here by subpoena only and occupying a very delicate situation,since he was afterward, by public report, engaged in a conflict with theprisoner, growing out of the publication of that letter."
"The solicitor is unnecessarily prolix, Your Honor. I asked the questionto withdraw our demand in his case as a matter of courtesy to a memberof the bar." Royson bowed and resumed his seat.
"I now ask," said Dabney, "a like courtesy in behalf of Gen. Evan andProf. Virdow, witnesses for both State and defense." This was readilygranted.
There was no demurrer to the indictment. The solicitor advanced beforethe jury and read the document, word for word. "We expect to prove,gentlemen of the jury, that the dead woman, named in this indictment,was for many years housekeeper for the late John Morgan, and morerecently for the defendant in this case, Edward Morgan; that she residedupon the premises with him and his cousin, Gerald Morgan; that on acertain night, to wit, the date named in the indictment, she wasmurdered by being struck in the head with some blunt implement, and thatshe was discovered almost immediately thereafter by a witness; thatthere was no one with the deceased at the time of her death but thedefendant, Edward Morgan, and that he, only, had a motive for herdeath--namely, the suppression of certain facts, or certain publiclyalleged facts, which she alone possessed; that after her death, whichwas sudden, he failed to notify the coroner, but permitted the body tobe buried without examination. And upon these facts, we say, thedefendant is guilty of murder. The coroner will please take the stand."
The officer named appeared and gave in his testimony. He had, some daysafter the burial of the woman, Rita Morgan, received a hint from ananonymous letter that foul play was suspected in the case, and actingunder advice, had caused the body to be disinterred and he had held aninquest upon it, with the result as expressed in the verdict which heproceeded to read and which was then introduced as evidence. The witnesswas turned over to the defense; they consulted and announced "noquestions".
The next witness was the physician who examined the wound. He testifiedto the presence of a wound in the back of the head that crushed theskull and was sufficient to have caused death. Dabney asked of thiswitness if there was much of a wound in the scalp, and the reply was"No".
"Was there any blood visible?"
"No." The defense had no other questions for this officer, but announcedthat they reserved the right to recall him if the case required it.
The next witness was Virdow. He had seen the body after death, but hadnot examined the back of the head; had seen a small cut upon the temple,which the defendant had explained to him was made by her falling againstthe glass in the conservatory. There was a pane broken at the pointindicated.
And then Evan was put up.
"Gen. Evan," asked the solicitor, "where were you upon the night thatRita Morgan died?"
"At the residence of Edward Morgan, sir."
"Where were you when you first discovered the death of Rita Morgan?"
"Gentlemen of the jury, at the time indicated, I was standing in theglass-room occupied by the late Gerald Morgan, in the residence of thedefendant in this county----"
"And state?" interrupted the solicitor.
"And state. I was standing by the bedside of Gerald Morgan, who was ill.I was deeply absorbed in thought and perfectly oblivious to mysurroundings, I suppose. I am certain that Edward Morgan was in the roomwith me. I was aroused by hearing him cry out and then discovered thatthe door leading into the shrubbery was open. I ran out and found himnear the head of the woman."
"Did you notice any cuts or signs of blood?"
"I noticed only a slight cut upon the forehead."
"Did you examine her for other wounds?"
"I did not. I understood then that she had, in a fit of some kind,fallen against the glass, and that seeing her from within, Mr. Morganhad run out and picked her up."
"Did you hear any sound of breaking glass?"
"I think I did. I cannot swear to it; my mind was completely absorbed atthat time. There was broken glass at the place pointed out by him."
"That night--pointed out that night?"
"No. I believe some days later."
"Did you hear voices?"
"I heard some one say 'They lied!' and then I heard Edward Morgan cryaloud. Going out I found him by the dead body of the woman."
The defense cross-questioned.
"You do not swear, General Evan, that Mr. Morgan was not in the room atthe time the woman Rita was seized with sudden illness?"
"I do not. It was my belief then, and is now----"
"Stop," said the solicitor.
"Confine yourself to facts only," said the court.
"You are well acquainted with Mr. Morgan?"
"As well as possible in the short time I have known him."
"What is his character?"
"He is a gentleman and as brave as any man I ever saw on the field ofbattle." There was slight applause as the general came down, but it wasfor the general himself.
"Mr. Royson will please take the stand," said the solicitor. "You werethe author of the letter concerning the alleged parentage of EdwardMorgan, which was published in an extra in this city a few weeks since?"Royson bowed slightly.
"From whom did you get your information?"
"From Rita Morgan," he said, calmly. There was a breathless silence fora moment and then an angry murmur in the great audience. All eyes werefixed upon Edward, who had grown pale, but he maintained his calmness.The astounding statement had filled him with a sickening horror. Notuntil that moment
did he fully comprehend the extent of the enmitycherished against him by the witness. On the face of Barksdale descendeda look as black as night. He did not, however, move a muscle.
"You say that Rita Morgan told you--when?"
"About a week previous to her death. She declared that her own son hadsecured his rights at last. I had been consulted by her soon after JohnMorgan's death, looking to the protection of those rights, she being ofthe opinion that Gerald Morgan would inherit. When it was found thatthis defendant here had inherited she called, paid my fee and made thestatement as given."
"Why did you fight a duel with the defendant, then--knowing, orbelieving you knew, his base parentage?"
"I was forced to do so by the fact that I was challenged direct and noinformant demanded; and by the fact that while my friends werediscussing my situation, General Evan, acting under a mistaken idea,vouched for him."
These ingenuous answers took away the general's breath. He had neveranticipated such plausible lies. Even Dabney was for the momentbewildered. Edward could scarcely restrain his emotion and horror. As amatter of fact, Rita was not dead when the challenge was accepted.Royson had lied under oath!
"The witness is with you," said the solicitor, with just a tinge ofsarcasm in his tones.
"Were the statements of Rita Morgan in writing?" asked Dabney.
"No."
"Then, may it please Your Honor, I move to rule them out." A debatefollowed. The statements were ruled out. Royson was suffered to descend,subject to recall.
"The State closes," said the prosecuting officer.
Then came the sensation of the day.
The crowd and the bar were wondering what the defense would attempt withno witnesses, when Dabney arose.
"May it please Your Honor, we have now a witness, not here when the casewas called, whom we desire to bring in and have sworn. We shall decideabout introducing him within a few moments and there is one otherwitness telegraphed for who has just reached the city. We ask leave tointroduce him upon his arrival." And then turning to the sheriff, hewhispered direction. The sheriff went to the hall and returned with anegro. Royson was engaged in conversation, leaning over the back of hischair and with his face averted. The witness was sworn and took thestand facing the crowd. A murmur of surprise ran about the room, forthere, looking out upon them, was the well-known face of Slippery Dick.The next proceedings were irregular but dramatic. Little Dabney drewhimself up to his full height and shouted in a shrill voice:
"Look at that man, gentlemen of the jury." At the same time his fingerwas pointed at Royson. All eyes were at once fixed upon that individual.His face was as chalk, and the red scar across the nose flamed as somuch fiery paint. His eyes were fastened on the witness with such anexpression of fear and horror that those near him shuddered and drewback slightly. And as he gazed his left hand fingered at his collar andpresently, with sudden haste, tore away the black cravat. Then he madean effort to leave, but Barksdale arose and literally hurled him back inhis chair. The court rapped loudly.
"I fine you $50, Mr. Barksdale. Take your seat!"
Dick, unabashed, met that wild, pleading, threatening, futile gaze ofRoyson, who was now but half-conscious of the proceedings.
"Tell the jury, do you know this man?" shouted the shrill voice again,the finger still pointing to Royson.
"Yes, sah; dat's Mr. Royson."
"Were you ever hired by him?"
"Yes, sah."
"When--the last time?"
"'Bout three weeks ago."
"To do what?"
"Open 'er grave."
"Whose grave?"
"Rita Morgan's."
"And what else?"
There was intense silence; Dick twisted uneasily.
"And what else?" repeated Dabney.
"Knock her in de head."
"Did you do it?"
"Yes, sah."
"Where did you knock her in the head?"
"In de back of de head."
"Hard?"
"Hard enough to break her skull."
"Did you see Mr. Morgan that night?"
"Yes, sah."
"Where?"
"Downtown, jus' fo' I tole Mr. Royson 'all right'."
"Where did you next see him?"
"After he was killed by de lightnin'."
"The witness is with you," said Dabney, the words ringing out intriumph. He faced the solicitor defiantly. His questions had followedeach other with astounding rapidity and the effect on every hearer wasprofound. The solicitor was silent; his eyes were upon Royson. Some onehad handed the latter a glass of water, which he was trying to drink.
"I have no questions," said the solicitor gravely.
"You can come down, Dick." The negro stepped down and started out. Hepassed close to Royson, who was standing in the edge of the middleaisle. Their eyes met. It may have been pure devilishness or simplynervous facial contortion, but at that moment the negro's face took on agrin. Whatever the cause, the effect was fatal to him. The approach ofthe negro had acted upon the wretched Royson like a maddening stimulant.At the sight of that diabolical countenance, he seized him with his lefthand and stabbed him frantically a dozen times before he could beprevented. With a moan of anguish the negro fell dead, bathing the scenein blood.
A great cry went up from the spectators and not until the strugglinglawyer and the bloody corpse had been dragged out did the court succeedin enforcing order.
The solicitor went up and whispered to the judge, who noddedimmediately, but before he announced that a verdict of acquittal wouldbe allowed, the defendant's attorneys drew him aside, and made an appealto him to let them proceed, as a mere acquittal was not full justice tothe accused.
Then the defense put up the ex-reporter and by him proved theprocurement by Royson of the libels and his authorship and gave hisconnection with the affair from the beginning, which was the receptionof an anonymous card informing him that Royson held such information.
Gen. Evan then testified that Rita died while Royson's second wasstanding at the front door at Ilexhurst, with Royson's note in hispocket.
The jury was briefly charged by the court and without leaving the boxreturned a verdict of not guilty. The tragedy and dramatic denouementhad wrought the audience to the highest pitch of excitement. Therevulsion of feeling was indicated by one immense cheer, and Edwardfound himself surrounded by more friends than he thought he hadacquaintances, who shook his hand and congratulated him. Barksdalestalked through the crowd and laid $50 upon the clerk's desk. Smiling upat the court he said:
"Will Your Honor not make it a thousand? It is too cheap!"
But that good-natured dignitary replied:
"The fine is remitted. You couldn't help it."