now for the lawyers to “sum up.” These arguments of the counsel were very important to their friends, and greatly enhanced their reputation at the bar but they have small interest to us. Mr. Braham in his closing speech surpassed himself; his effort is still remembered as the greatest in the criminal annals of New York.
Mr. Braham re-drew for the jury the picture of Laura’s early life; he dwelt long upon that painful episode of the pretended marriage and the desertion. Col. Selby, he said, belonged, gentlemen; to what is called the “upper classes.” It is the privilege of the “upper classes” to prey upon the sons and daughters of the people. The Hawkins family, though allied to the best blood of the South, were at the time in humble circumstances. He commented upon her parentage. Perhaps her agonized father, in his intervals of sanity, was still searching for his lost daughter. Would he one day hear that she had died a felon’s death? Society had pursued her, fate had pursued her, and in a moment of delirium she had turned and defied fate and society. He dwelt upon the admission of base wrong in Col. Selby’s dying statement. He drew a vivid picture of the villain at last overtaken by the vengeance of Heaven. Would the jury say that this retributive justice, inflicted by an outraged, and deluded woman, rendered irrational by the most cruel wrongs, was in the nature of a foul, premeditated murder? “Gentlemen; it is enough for me to look upon the life of this most beautiful and accomplished of her sex, blasted by the heartless villainy of man, without seeing, at the end of it; the horrible spectacle of a gibbet. Gentlemen, we are all human, we have all sinned, we all have need of mercy. But I do not ask mercy of you who are the guardians of society and of the poor waifs, its sometimes wronged victims; I ask only that justice which you and I shall need in that last, dreadful hour, when death will be robbed of half its terrors if we can reflect that we have never wronged a human being. Gentlemen, the life of this lovely and once happy girl, this now stricken woman, is in your hands.”
The jury were visibly affected. Half the court room was in tears. If a vote of both spectators and jury could have been taken then, the verdict would have been, “let her go, she has suffered enough.”
But the district attorney had the closing argument. Calmly and without malice or excitement he reviewed the testimony. As the cold facts were unrolled, fear settled upon the listeners. There was no escape from the murder or its premeditation. Laura’s character as a lobbyist in Washington which had been made to appear incidentally in the evidence was also against her: the whole body of the testimony of the defense was shown to be irrelevant, introduced only to excite sympathy, and not giving a color of probability to the absurd supposition of insanity. The attorney then dwelt upon the insecurity of life in the city, and the growing immunity with which women committed murders. Mr. McFlinn made a very able speech; convincing the reason without touching the feelings.
The Judge in his charge reviewed the testimony with great show of impartiality. He ended by saying that the verdict must be acquittal or murder in the first degree. If you find that the prisoner committed a homicide, in possession of her reason and with premeditation, your verdict will be accordingly. If you find she was not in her right mind, that she was the victim of insanity, hereditary or momentary, as it has been explained, your verdict will take that into account.
As the Judge finished his charge, the spectators anxiously watched the faces of the jury. It was not a remunerative study. In the court room the general feeling was in favor of Laura, but whether this feeling extended to the jury, their stolid faces did not reveal. The public outside hoped for a conviction, as it always does; it wanted an example; the newspapers trusted the jury would have the courage to do its duty. When Laura was convicted, then the public would turn around and abuse the governor if he did not pardon her.
The jury went out. Mr. Braham preserved his serene confidence, but Laura’s friends were dispirited. Washington and Col. Sellers had been obliged to go to Washington, and they had departed under the unspoken fear the verdict would be unfavorable, a disagreement was the best they could hope for, and money was needed. The necessity of the passage of the University bill was now imperative.
The Court waited for some time, but the jury gave no signs of coming in. Mr. Braham said it was extraordinary. The Court then took a recess for a couple of hours. Upon again coming in, word was brought that the jury had not yet agreed.
But the jury had a question. The point upon which they wanted instruction was this. They wanted to know if Col. Sellers was related to the Hawkins family. The court then adjourned till morning.
Mr. Braham, who was in something of a pet, remarked to Mr. O’Toole that they must have been deceived — that juryman with the broken nose could read!
CHAPTER LVII.
The momentous day was at hand — a day that promised to make or mar the fortunes of Hawkins family for all time. Washington Hawkins and Col. Sellers were both up early, for neither of them could sleep. Congress was expiring, and was passing bill after bill as if they were gasps and each likely to be its last. The University was on file for its third reading this day, and tomorrow Washington would be a millionaire and Sellers no longer, impecunious but this day, also, or at farthest the next, the jury in Laura’s Case would come to a decision of some kind or other — they would find her guilty, Washington secretly feared, and then the care and the trouble would all come back again, and these would be wearing months of besieging judges for new trials; on this day, also, the reelection of Mr. Dilworthy to the Senate would take place. So Washington’s mind was in a state of turmoil; there were more interests at stake than it could handle with serenity. He exulted when he thought of his millions; he was filled with dread when he thought of Laura. But Sellers was excited and happy. He said:
“Everything is going right, everything’s going perfectly right. Pretty soon the telegrams will begin to rattle in, and then you’ll see, my boy. Let the jury do what they please; what difference is it going to make? Tomorrow we can send a million to New York and set the lawyers at work on the judges; bless your heart they will go before judge after judge and exhort and beseech and pray and shed tears. They always do; and they always win, too. And they will win this time. They will get a writ of habeas corpus, and a stay of proceedings, and a supersedeas, and a new trial and a nolle prosequi, and there you are! That’s the routine, and it’s no trick at all to a New York lawyer. That’s the regular routine — everything’s red tape and routine in the law, you see; it’s all Greek to you, of course, but to a man who is acquainted with those things it’s mere — I’ll explain it to you sometime. Everything’s going to glide right along easy and comfortable now. You’ll see, Washington, you’ll see how it will be. And then, let me think ….. Dilwortby will be elected to-day, and by day, after tomorrow night he will be in New York ready to put in his shovel — and you haven’t lived in Washington all this time not to know that the people who walk right by a Senator whose term is up without hardly seeing him will be down at the deepo to say ‘Welcome back and God bless you; Senator, I’m glad to see you, sir!’ when he comes along back reelected, you know. Well, you see, his influence was naturally running low when he left here, but now he has got a new six-years’ start, and his suggestions will simply just weigh a couple of tons a-piece day after tomorrow. Lord bless you he could rattle through that habeas corpus and supersedeas and all those things for Laura all by himself if he wanted to, when he gets back.”
“I hadn’t thought of that,” said Washington, brightening, “but it is so. A newly-elected Senator is a power, I know that.”
“Yes indeed he is. — Why it, is just human nature. Look at me. When we first came here, I was Mr. Sellers, and Major Sellers, Captain Sellers, but nobody could ever get it right, somehow; but the minute our bill went, through the House, I was Col. Sellers every time. And nobody could do enough for me, and whatever I said was wonderful, Sir,
