—THE— DUKE OF ARCANUM.

Auckland Star, Volume XXIX, Issue 254, 27 October 1898, Page 10

— THE— DUKE OF ARCANUM.

Br^AM-ETON LONG.

CHAPTER X. (Continued.)

The completion of Edgcnmb's testimony brought the trial nearly to a close. There remained now only the ur-niments of the lawyers, and the judge's charge to the jury. Humphrey Davids began his address, prefacing as folloAvs: 'Gentlemen of the jury: You have been chosen by the laws of your State to fulfill a most unpleasant and trying duty—to give judgment in the case of the People vs. Stanley Edgcumb, charged with the murder of Mancel Tewkes. It is presumed that you are all impartial and fair-thmk-ino. men, and as such you are chosen. You are actuated by all of the common impulses of men; you feel, think and act as other men do, and you cannot for a moment forget that it is upon the life of a human being, one Avho thinks, feels and acts as one of yourselves, that you are about to pass judgment. Stanley Edgcumb is one of nature's noblest productions. He is the soul of honour and truthfulness- of that nobility of nature that can iiot find it in his heart to commit a crime. He does not stand before you as a supplicant for mercy, but he stands with innocence stamped upon his brow, and demands that justice shall strike Avhere it deserves, but that innocence shall not be made .a cat's paw for crime. 'Gentlemen, I am as thoroughly convinced that Mancel Tewkes did not fall by the hand of this man, Avhose life is now trembling in the balance, as I am that the planet on Avhich .ye dwell travels in " its '"unmeasurable path through space obedient to the laws of the Creator. Do we see the earth turn upon its axis? Do we experience a sensation of plunging through space at the tremendous rate of Avhich astronomers tell us? No. But the fact is made apparent by a process of reasoning which is patent to all intelligent beings. Did I see the hand that stabbed Mancel Tewkes? No. But by those same reasoning powers 1 can say with equal assurance that it was not the hand of Stanley Edgcumb that did it. Men Avho commit abhorrent crimes are base by nature. They are but a step in the evolution of things above the snake in the grass which sinks its venomous fangs into an unsuspecting victim. They are devoid of principle, honour, humanity, of all that which engenders fellowship and good feeling among men. All great students of nature tell us that it leaves its imprint upon every living thing. Jurymen, I ask you to tnrn°and look into the countenance of the man who stands accused before you, and see if you can detect any of those evidences of baseness there. Who has scanned that pale and anxious face during the progress of this trial aud has failed to notice the look of tenderness, love and solicitude which he has so often east upon his wife and children, who have remained near him,- enveloped .in the shadows of. uncertainty- and misgiving? Who has gazed into those clear, calm eyes and can gainsay their undisturbed tranquillity? Eyes which can lift an honourable gaze to all the world are not the eyes of a murderer.' Thus far only had the speaker proceeded ere the liveliest interest- was awakened in all parts of the room. Edgcumb cast upon him a look of admiration. Imogen covered her eyes with her handkerchief and wept, for

those words had touched a responsive chord in her heart. Coulter froAvned; while the jurymen, without an exception, riveted * their g.ize upon him. As the speech progressed a sensation developed. The lawyer was analyzing the eAddence for the state, when he suddenly dreAV himself up, and, looking steadily at the jury, said: •Gentlemen, the law has been confienced. The State's Attorney has been confideneed. I assert, with all the solemnity which such a declaration inspires, that there are three witnesses Avho have given eA'idence for the state, among whom exists some mysterious understanding of the crime for which my client is now on trial—a conspiracy, I may say,. to cheat the laAv and, by so doing, rob Stanley Edgcumb of his life. You may ask, Why did we not prove this in presenting our case? I ansAver by saying that it is because the Avitness James Kye, upon whom we relied, has been "spirited away by these selfsame villains. I will go further. I will say that- there is one who is the chief conspirator among them, and it was this man who sent Edgcumb the bill marked Avith the narroAv strip of yellow paper. He knoAVS who killed Mancel TeAvkes. He is here at this moment and hears this accusation' —

At this juncture the State's Attorney sprang to his feet and cried: •Your Honour, I object to such disgraceful proceedings. The counsel for the defence should be kept within bounds. He may entertain such thoughts, but he has no right to express them here. I .ask that he be instructed to confine himself to the evidence given in the case.' 'The counsel must remember that it is the prisoner at the bar Avho is on trial ancl confine himself to the evidence given before the jury? the judge replied. 'Your Honor? said Humphrey Davids, ' I recognise the justness of your ruling; but, nevertheless, I feel constrained to say that if I occupied the seat upon the bench and saw such a palpable conspiracy existing I would order the discharge of the prisoner

and the arrest of Down came the gavel in the judge's hand with a force Avhich left no room for doubt as to the determination on his part to maintain the discipline of the court. There was a scoavl upon his brow, a look of rebuke and of offended dignity in his face. 'Silence!' came the stern command simultaneously Avith the report of the gavel. 'The court Avill accept no instructions or advice on the matter. Confine yourself to the evidence? Humphrey Davids boAved a respect-

ful obedience and made a suitable apology. He could well afford to do so, as he had gained his point. During the rest of his speech he was content to keep Avithin the prescribed limits. Coulter, being ' overwhelmed by this unexpected attack, took occasion shortly thereafter to withdraw from the scene.

After Humphrey -Davids had taken his seat there Avas a feAv minutes of silence. The end, Avas draAving near. Imogen scanned the faces of the jurymen Avith a keenness of penetration of Avhich only a woman is capable. They all looked so friendly and pleasant she thought there could be no doubt of a favourable result, but a moment later she shuddered as she saAv the imposing figure of the State's Attorney rise to address the jury. It- Avas a warm day, the heat being almost intolerable. The presence of so many people attracted thither by the speeches and the closing scenes of.the trial rendered the atmosphere all the more oppressive. The jurymen, weary and Avorn, tAvitched nervously in their seats. Humphrey Davids, perspiring freely from the effects of his exertion, seized a fan and sought to win a refreshing breath by a vigorous agitation of the stifling air. The sun was fully three hours past the meridian. Its golden rays peeped through the crevices of the blinds, shooting silvery streaks of dancing, infmitesmal atoms across the courtroom, high above the assemblage. The State's Attorney, when about to commence his address, seemed to suddenly recall some lack of preparation, and, turning again to the table where he had been seated, examined for some moments several volumes of IaAV, occasionally turning down a leaf for ready reference or citation. Again turning to the jury, he proceeded to address them. Let us not take unnecessary time and space in f olloAving him. There is much in a speech of this nature which involves a discussion of-many principles of law having a characteristic application to the case on trial. It embraces a restrospective review of the evidence. Each separate part is shaped and fashioned to suit, and is followed by an epilogue, or a fitting together of the Avhole. It is embellished noAv with a Aoav of pathos, and then with a burst of denunciation. If the speaker be profound, eloquent or impressive, he sways an irresistible power, for he is the last to address the jury. It is those last, stirring words which they hear ringing in their ears as they retire to make up their verdict. It has been said that the State's Attorney was a man of uncommon ability as a speaker. He knew the subtle influence of an eloquent tongue, and he could deftly exert it. He had a pleasing intonation and modulation, and words seemed to fairly effervesce or-bubble forth upon his lips with a surprising spontaneity. The' sophistry of his argument was unheeded by the mind Avhich became charmed by his eloquence. After having exhausted his argument he closed with the following peroration: 'Gentlemen, we have made a complete . analysis of all the evidence given in the case, from the inception to the perpetration of' the crime. It Avas conceived in rank revenge and perpetrated with fiendish brutality. There are no extenuating circumstances, but the horror of the deed calls for the most pronounced-- execrations'of mankind and the severest penalty known to law. You have a solemn duty to perforfi. We'are all aware that it is a most unpleasant one to pass the penalty of death upon a fellow-being, ' but the lav/ admits of no exception. The statutes are prescribed ih black

and white, and you. have been chosen by this community to execute them. If you find the prisoner guilty the verdict must be for murder in the first degree. The law fixes the penalty, and you have but a plain duty before you—to execute the law. Be men, and let no sentimentality dictate to

your judgment and turn you into a course that will lead to public ani-

madversion and self-contempt.' It was sunset upon the beautiful prairies that stretched their broad expanse back from the calm and motionless waters of Lake Michigan,a.-hen the State's Attorney, looking steadily at the jurymen, closed his address. What tongue of pen" can describe the anxiety Avhich had pervaded Edgcumb during the succeeding" days of. this trial! His hopes and fears had risen and fallen like the ebb and flow of the tide. The hour had noAv come for

that suspense to deepen, for those hopes and fears to fluctuate still more violently, for the jury wiere about to retire to make up their verdict. He looked grave and apprehensive, but as he turned to Imog-en and their glances met there was an attempt at cheerfulness. The lawyers read their requests; the judge his charge, and .the jury retired. During the evening, or, perhaps, a couple of hours later, the western horizon became freighted with dark and ominous-looking clouds. Gradually they advanced, wild and dispersed, in ragged patches, then, knitting closely together, lowered above the heat-stricken city, threatening an angry tempest, while lurid gleams of lightning chased each other in rapid succession in and out of the black, impenetrable mass. There was a hurrying to and fro. Eyes were lifted .anxiously toward the impending burst. Gusts of wind swept through the streets, catching the dust in eddying whirls, and spinning it 'round and round like diminutive cyclones. Then came a prolonged and muffled roll of thunder, steadily growing more and more pronounced in its mutterings, followed by a lull, during which a feAV large drops of rain came pattering down, which were succeeded by a terrific crash that sent the blood tingling to the roots of the hair. The court reassembled just as this grim spectacle culminated in a mighty storm. The room was crowded as usual. The judge, the prisoner, the lawyers and all were present? and had taken their accustomed seats, save the State's Attorney, who had stepped to the window to the left of the bench, and stood with his arm resting upon the window-sill, partially facing the assemblage. The air, freshened by the rain, came in in cooling draughts with reviving influence. He wore a smile of sanguine expectation. Edgcumb was paler than ever. A feeling of nervousness seemed to pervade all, occasioned as much by the expected verdict as by the fury of the storm. Tbe effect was also intensified by the impoverished light of the room, which consisted of a few dismal gas-jets, giving a dreary appearance to the surroundings. The storm beat mercilessly down. There wene blinding flashes which seemed to leave the room each time darker than before. A breathless anxiety quickened every pulse as the twelve jurymen filed in. Although there seemed to be an unusual degree of solemnity in their movements and features, yet there lurked withal a certain satisfied expression as if the

qualms of conscience had been subdued, and their minds Avere at rest, having- fulfilled a disagreeable duty. Above the din of the stoi-m,- which every instant increased in violence,the voice of the judge was_scarcely audible as Le directed the clerk to read the verdict. 'We, the jury, find the defendant, Stanley Edgcumb, guilty of murder in the first degree as charged, and' ._. Heaven seemed to forefend the reading of that verdict which was to sentence an innocent man to death, for at this juncture there came an appalling crash, and a blinding flash, which struck terror to every spectator of the scene. The State's Attorney was seen to fall heavily forward upon his face. The bolt had stretched him lifeless upon the floor. A carnival of disorder, which was , terrifying, supervened. Some hastened to the prostrate form; others, not knowing the cause of the excitement, rushed wildly toward the door. A cry of fire arose, and an indescribable panic ensued. The judge lost his self-control, and for several minutes made no attempt to suppress the turmoil. When at length quiet was restored, and the court was called to order, it Avas discovered that the prisoner was nowhere to be seen. (To be Continued.)