THE DUKE OF ARCANUM.

Auckland Star, Volume XXIX, Issue 252, 25 October 1898, Page 6

THE DUKE OF ARCANUM.

By CAREETON LONG.

CHAPTER X,

THE TRIAL.

A man on trial for his life! Hoav dolorous do these words sound to our sympathetic ears! What horrible possibilities do they suggest to our thoughts! What morbid speculations do they invite! There is no phase oi life which excites keener interest or greater awe than the proceedings ot If tribunal where man sits in judgment trpon the life of a fellow being. It is, -perhaps, because it approximates an Assumption of divine prerogatives. The solemnity which it inspires is such as pervades all matters which bring us face to face or into extraordinary relations with God. All elements are attracted thither. The merchant, the mechanic, the professional man, the courtesan and the lady of refinement elbow each other in a stifling crowd, attracted by the impressive scene, anxious to witness what may possibly be the closing act in the drama of a human life. Ihe horrible recitals of a ghastly crime, the eloquent pleadings of the lawyers, the dignity of the judge and the complacency of the jury, and, finally, last, and most absorbing of all, the prisoner for whom the scales of justice are poised, awakens a profound in-

terest. „, It was upon such a scene that Stanley Edgcurnb gazed on the morning of the commencement of his trial. Nine long months had elapsed since his arrest; nine long, weary "mouths of waiting upon the slowly moving machinery of justice. What of more infinite slothfulness ? And yet there must be law, else all would be chaos and justice cannot move hastily and move correctly. Delays are burdensome, but they are inevitable. Ihe functions of justice are monotonous and tiresome in their routine, but they are decisive in their finality. Ihe feeble prisoner whose fate is pending the action of some tribunal may not be inclined to look philosophically upon delay, especially if he be innocent. He writhes under the hardships of his long confinement; he becomes irritable in brooding over its uncertainties. The law becomes his enemy, or he regards it as such; aud he has no charitable thoughts for it, because it has no charity for him. Edgcurnb had been a victim, like thousands of others, to those inseparable delays. He had experienced the same thoughts, he had hurled the same anathemas upon the law. He had long since grown weary and impatient, and his impatience had been heightened by subsidiary events m the loss of his friend Eye, the destitution of his family, and the death of his child. However, the situation was relieved at last, and it was with much satisfaction that he learned, about the first of August, that his trial would take mace in a few days. There was, of course, a great deal of speculation and anxiety as the time drew near. He seemed to more fully realise the gravity of the charge, and the uncertainty of a favourable termination; yet he was hopeful. There was at that time a lawyer ' by the name of Humphrey Davids, who had a moderate -practice in the courts. He was an excellent attorney and a person of humane disposition; but, although familiar with the most recondite questions of law, he, somehow, had not gained much prominence in his profession. He was about thirtyfive years of age. Lawyer Davids having taken considerable interest in Edgcumb's case, had called one day at the prison, tsi Iked with Stanley awhile, and then volunteered his services in his defence. They had been promptly accepted with an assurance of gratitude and an expressed purpose to requite him sometime if cleared. He had become favourably impressed with his client, discovering him to be a man of unusual intelligence, and, were he a competent judge of character, the soul of honour. His conviction of the man's innocence became as pronounced as the prisoner himself could possibly have desired. Upon examining the case minutely, however, the lawyer wa_ dismayed xo find that that great bulwark of criminal defence, the alibi, waa not available, for Stanley had admitted to the Chief of Police on the morning of his arrest, and also at the inquest a day or so later, of having been in the neighbourhood of the tragedy about the time of its occurrence, and of having been the first to discover the body of the victim. Then the story of James Eye and his disappearance had not only annoyed but startled him, and he became apprehensive that a plot against his client existed. He was at a loss to know how to counterbalance the work of the conspirators unless by a powerful effort at crossexamination, thereby weakening the evidence offered by the state.. It seemed a discouraging undertaking, but without admitting the fact to Edgcurnb, he had prepared for the struggle. Entering the courtroom with . a bailiff on either side, Edgcurnb had taken, his place in the dock. He looked pale and haggard from his long confinement and suspense, but he raised his eyes and looked calmly around upon the hundreds of faces turned curiously towards him. He also cast hopeful and encouraging glances at Imogen, who was present with Paget and Geryl. . Those who had known Edgcurnb prior to his arrest would scarcely have recognised him then. His hair had grown long; pallor 'marked the cheeks where there had been a ruddy

hue; his garments had become worn and threadbare, presenting an appearance of shabbiness. A few months before he himself would have shunned an object of such wretched appearance; but his pride had been humbled and he faced the court with an utter indifference as to looks, but with deep anxiety as to the result which rested upon the decision of the twelve men before him.

We will pass over the preliminaries of the trial to the acts and motives of

one of its central figures—the State's Attorney —who had risen to deliver the opening address for the prosecution. He was a man of fine personal presence and a fluent speaker. He Avas by nature crafty, ambitious and .designing in everything Avhich he did

—a thorough politician, Avith an eye to public patronage, and ever ready to serve a constituency were the emoluments of the office sufficient, or in case it offered a means for further advancement. What he saw in the State's Attorney's office none but himself had any idea, unless it Avas to firmly establish himself in public favour by a zealous prosecution of offenders. He Avas thoroughly unscrupulous in the use of measures for furthering his purposes and serving his ambitions. It was the all-impor-tant point that they were served; the manner was of little consequence. He had but recently assumed the duties of his office and the Edgcurnb case Avas the first important one he had had to deal Avith. This case he well kneAV had created a widespread interest, and the comuction of the prisoner would be a grand beginning in his role of public prosecutor, consequently he had entered upon the trial with a full preparation and a determination to put forth every effort for success. In his opening speech he Avas listened to by the court Avith marked attention. From the moment that he commenced to speak the jury became attentive listeners. His deep, impressive voice filled the room Avith a rich resonance. His diction was perfect, his enunciation grand, and when he had concluded and taken his seat, all eyes were turned upon the accused to note the effect. Edg-cumb, however, appeared unmoved; he Avas even stoical. He had listened attentively to the stirring address. He had admired many of the sentiments, but the accusations Avhich Avere hurled upon him fell against a bulwark of innocence, fortified with the consciousness of it.

The State's Attorney was quick to perceive that lie had made a favourable impression; that his magnetism had already been communicated to the jury. To all appearances they were ready to convict the prisoner before the trial had fairly commenced. From the murmur of approval and nods of satisfaction which passed from one to another among the spectators, it was also evident that but for the strict discipline of the court there would have been a demonstrative burst of applause.

During the delivery of the address there sat upon the opposite side of the counsellor's table a man who, appeared to be very grave and thoughtful. Now and then he was seen to lean forward and take copious notes of the speech, and during its entire delivery h e followed the speaker with marked attention. It was Humphrey Davids, the counsel for the defence. At a single glance an observer would have noted that there was considerable depth to his character. He was a man, in all respects, the opposite of the State Attorney. Instead of ihe dashing, brilliant and impulsive manner which the latter possessed, he was calm, scholarly, aud argumentative. His method of persuasion was by an appeal to the judgment and intellect of the man, instead of his emotions. When the State's Attorney had finished, and the court had again assumed its wonted stillness, Humphrey Davids rose to make his opening speech. He had not proceeded far before the effect of his remarks became apparent, for he set forth the case of his client in a masterly way. He cautioned the jury to be careful of how they dealt with circumstantial evidence, warning them' that it was often delusive, biased the judgment, and prejudiced the mind against an innocent and honourable man. He spoke in the highest terms of Edgcurnb, and challenged the production of a questionable act in his life previous to the day of his dismissal; and when, he had concluded the scales •of justice seemed to have been restored to their proper balance, ready to receive' and weigh the evidence.

It was forthcoming.

The State's Attorney had availed himself of everything of a probatory nature tending to establish the prisoner's guilt, and with consummate skill began to weave the web of cirsumstantial evidence around his unfortunate victim. First came the evidence of the two men who had released Mancel Tewkes from his infuriated grasp, at the time of his dismissal, thus proving the assault and furnishing a motive for the crime of murder. Then Coulter's evidence showing the disappearance of the message and Edgcumb's dismissal, proving a vitiated character, and also of the plumber's call on the day of the murder and the appointment made for the evening by the deceased; also of the twenty - dollar bill, with a narrow strip of yellow paper pasted on the upper right - hand corner, which he himself had loaned the Director-in-Chief, identifying one which was shown him as being the same. Then came the. Chief of Police, giving an account of the arrest, search and scrutiny of the accused; stating that he had found on the prisoner's person after his arrest a cipher message, much worn and soiled, bearing the date of the twenty-fifth of September, 1870, which, upon being sent to the telegraph office, was identified as the lost message mentioned by *the preceding witness; that he had also found in his pocket a twenty-dollar bill as previously described, identifying the one which had been recognised by Coulter. This was supplemented by his statement of the interrogations put to him after the search; of his admission of having been near the scene of the murder —several miles from horne —about the time of its occurence; and of his denial of having had any connection with the disappearance of the message, and his subsequent confusion on being confronted with it. Next came the plumber, who corroborated Coulter's evidence in regard to the appointment with Mancel Tewkes, followed by two of the men whom Edgcurnb had called to his assistance upon finding the dying man, identifying the prisoner, and telling of the manner of his abrupt departure after the body had been carried to the lamplight.

There were two other -witnesses for the state whose testimony was of _ a startling nature, but it will first be necessary to explain certain matters and conspiracies by which it was brought about. Coulter had succeeded without much trouble in gaining the confidence of the Chief of Police. Indeed, quite an intimacy had sprung up between them. There was a mutual interest predominating their friendship which oore upon the Edgcurnb case. The Chief j. of Police desired a conviction. It ! would be a credit to the department, l and the public would not fail to appre- , ciate the cleverness of the service in ' arresting the right man so promptly | after the crime had been committed. I As to Coulter, his motives are well 1 enough understood.

Through the Chief of Police, Coul-

ter became acquainted with the State's Attorney, and a conspiracy was the result. Previous to their understanding, however, Coulter had sent Madame Renaud to fix matters at the prison. He then suggested to the State's Attorney that, inasmuch as Pintard had occupied the same cell Avith Edgcurnb, he might possibly have heard some admission of guilt, and, if so, perhaps he might be induced, with the promise of an indifferent prosecution, to tell what he had heard. 'Criminals, you know,' said he, 'sometimes make confidants of one another.

The State's Attorney thought the suggestion a good one, and, visiting" the prisoner, iutervieAved Pintara on the subject. The result aa-us all that he could have desired, for the Canadian Avas prepared Avith the statement that Edgcurnb had one night, in the gloom of their prison cell, confessed the murder, and told many of the circumstances connected with it. He further said that Edgcurnb had told him that he had borrowed the knife with which he had committed the deed from a friend by the name of Kye; that he had seen the same man talking with the accused through the latticed door of his cell on the night of his oavii arrival at the prison, and that he had never been there since. He Avas willing to testify for the state. Meeting Coulter very soon thereafter the State's Attorney announced bis success with Pintard, remarking: 'Now, if Aye could find some one who had seen the knife in Kye's possession, and could identify it, Aye would have a case against Edgcurnb which would be fairly incontestable.' 'Leave that 'to me,' replied Coulter. 'I Avill see that such a witness is found.'

'It must be a man of nerve, who win not flinch, for it will be a point in our case which will be strongly attacked by the other side,' said the prosecutor. 'Yes; I understand, but we shall hav e the right man in the right placa. Leave that to me.'

'Well, you are very clever, I will j admit, and I have no doubt but that you will succeed. We owe all that we have thus far in the case to your shrewdness; go ahead.' With this carte blanche from the State's Attorney, Coulter entered into fresh machinations against Edgcurnb. As was always the case when he had some nefarious scheme to work, he relied upon the Kinzie street dive to furnish an accessory, but in this instance he chose one who had not served him in such a capacity before —Chloe. He demanded a sacrifice—an extraordinary sacrifice for a woman to make, and Chloe, full of love and devotion, listened. It was to divest herself of her beautiful hair; to assume a masculine disguise, and play a certain role which he would assign her. He told her it was a matter which concerned Madame Renaud alone, and in nowise himself; that by so doing it would secure Pintard's release, for it was nothing less than to testify in court to a matter which would strengthen evidence which he (Pintard) would give in advance. Chloe consented, and the'matter was speedily arranged. This intrigue was consummated by the appearance of Pintard on the witness-stand, his testimony being to the effect that he was an inmate of the city prison;-that he had been confined in the same cell with the accused for many months; that Edgcurnb had talked confidentially with him concerning the murder of Mancel Tewkes, and told him that he had been constantly haunted by visions of the dead man; that, while asleep on his couch, he would nightly hear raps on the wall near his head, and upon arousing himself would see the ghost of his victim standing before him with a ghastly wound in his breast; that, to relieve his mind, and in hopes thereby of obtaining a respite from those frightful visitations, he had confessed his crime to him, telling him all. Then he informed the jury that Edgcurnb had told him how he had obtained the deadly knife from one James Kye, an intimate friend; and further, that on the evening of the day of his own arrest, upon being brought to the prison, he had found a man talking to the accused, whom he had been informed was James Kye, and since which incident he had not again been seen there. The state closed by introducing a witness who gave.the name of Louis Carroll, but who was none other than Chloe, incognita. Her hair was cut close and arranged in masculine fashion, and a false moustache shaded her mouth. She had rubbed her stem where it was visible with a lotion, containing a trace of iodine, which gave her a dark complexion, or tanned appearance. She was dressed genteelly in loose-fitting garments, thus concealing the feminine form. Coulter had provided Chloe with a small powder composed principally of euphorbium, which he had caused to be prepared by a skilled r.pothecary, to take just before entering the courtroom. This drug acts as a powerful irritant upon the membranes of the throat, inflaming the vocal chords and rendering the "voice hoarse and unrecognisable, as one suffering from a cold. This she took as instructed for the purpose of disguising her voice, and by the time she reached the witness chair its effect was apparent. (To be Continued.)