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"State your full name, rank, and regiment," he began.
"Robert Goddard, Major, —th U.S. Cavalry."
"Your age and the year of your graduation from the Military Academy?"
"Thirty-five. I graduated from West Point in 1850."
"You know the accused?"
"I do, sir."
"When did you first meet her, and where?"
"I met Miss Newton on Monday night, the thirtieth of January, at Senator Warren's house."
"How long have you known Captain Lloyd?"
"We were school-mates together in New York. I should say I had known him for about twenty years all told."
"Have you seen much of each other in recent years?"
"Not very much. Our professions kept us apart."
"How did you happen to join him here?"
"I heard that he was here, and wrote him I was coming to Washington for a few days on leave, and he suggested that I room with him."
"Did Captain Lloyd tell you that he suspected the accused was a rebel spy?"
"He did, sir."
"And did you agree with him?"
"I did not."
"Have you had any cause since then to change your mind?"
"I object to that question," exclaimed Warren, heatedly.
"Objection not sustained," ruled the president. "Continue your examination, Mr. Judge Advocate."
"While in Winchester did you see anything in the prisoner's conduct which made you believe that she was acting as a spy?"
"No, sir; I saw nothing in her conduct which would indicate that." Only Warren's keen ear caught the slight emphasis on "saw," and he drew a quick breath of relief when the judge advocate did not press the question.
"Did you escort the accused and her aunt to Winchester?"
"I did, sir."
"Did you see much of the accused while there?"
"Miss Newton and her niece came often to see me when I was convalescing from my wounds. I returned to Washington in the same train with them, but I have not met either of the ladies since we parted at the depot."
"Major Goddard, are you engaged to the accused?"
"I have not that honor," with quiet dignity, and a ripple of applause sounded through the room. Goddard's eyes strayed in Nancy's direction, but he could not see the rich color which mantled her pale face. She dropped her eyes instantly to hide their tell-tale message. If he could not see, others should not.
"When did you last see Captain Lloyd?"
"In Winchester, the day before I returned here."
"Why did he not come back with you?"
"He did not inform me."
"Where were you on the afternoon of Monday, March 6th, last?"
"I went for a drive with my attendant, Donnally, and did not return to Mrs. Lane's until some time after four o'clock."
"State to the court what occurred after your arrival at the boarding house?"
"With Donnally's assistance I went directly to my room. He informed me that dinner was being served, but I had no appetite and did not care to go in and join a lot of strangers. When we reached the door of our sitting-room I told Donnally to go down stairs and get his dinner; that I would ring for him if I needed his assistance. I then entered the sitting-room and felt my way to a chair by the fireplace. There is not much furniture in the room, and I was familiar enough with my surroundings to find my way about without much difficulty——" he hesitated.
"Go on," prompted the judge advocate. "Tell your story in your own way."
"I have no idea how long I sat in that chair, whether it was five minutes or half an hour, for I was deep in thought," continued Goddard. "Without any warning my nose started bleeding—a way it has since I was wounded in the face by the explosion of a pistol. The bell was in the next room, so I felt my way to the communicating door and into the room...."
"One moment," interrupted the judge advocate. "Was the door closed?"
"Yes, sir; but not locked. I should judge I was about half way toward the fire place, where I knew the bell was hung, when I became conscious that there was some one in the bedroom with me.
"I cannot tell you exactly what it was," went on Goddard, after a slight pause, "that made me think that. I stood still for a moment and turned slowly around trying to trace the faint, very faint sound I thought I had heard. Then I lost my bearings. I could not remember in which direction the door was, nor where the fireplace was located."
"Why didn't you call out?" demanded the judge advocate, sharply.
"I was too confused. Only the blind can know and understand my feeling of over-powering helplessness," declared Goddard, earnestly. "I stepped forward, tripped, and fell with all my weight, striking against the iron fender before I could save myself. I knew nothing more until I regained consciousness the next day and found myself in bed, with a trained nurse in attendance."
Everyone in the court room followed Goddard's story with breathless interest. Nancy never took her eyes from his face; she sat as if hypnotized.
"What did you trip over, Major?" inquired the judge advocate.
There was a perceptible pause; then came the answer, "A foot-stool."
"Could you tell whether the sound you thought you heard in the room was made by a man or a woman?" asked the judge advocate, laying down his pen.
"I could not, sir. It was too intangible to even locate."
"I have finished my direct examination, Mr. Senator. Have you any questions to ask the witness?"
Warren wrote his message and gave it to the judge advocate.
"Did you know that Captain Lloyd was asleep in the next room?"
"No, sir; I did not even know he had returned to the city," replied Goddard.
Warren handed another slip to the judge advocate, who read its contents aloud: "His hat and overcoat were found in the sitting-room later that night. You were in that room, were you not?"
"I was, Mr. Senator; but you must remember I could not see. I did not pass my hand over all the chairs or other furniture in the room; otherwise I might have found his overcoat and hat."
"Could not your attendant, Donnally, have seen them?" wrote Warren.
"Certainly, Mr. Senator; but Donnally did not enter the room with me. He was standing in the hall when I went inside and closed the door."
"When did you first hear of Captain Lloyd's death?" was Warren's next question.
"Colonel Baker came in the next afternoon and told me."
"I have no further questions to ask this witness," announced Warren, after consulting Nancy.
When Goddard retired, his place was taken by his attendant, Donnally. He stated briefly that he had only accompanied Major Goddard to the sitting-room door; that he had not looked into the room, being in a hurry to return downstairs and get something to eat. No, he did not think it strange that Major Goddard did not ring for him. The major had said he was not hungry, and that he did not wish to be disturbed. He was not told that Captain Lloyd had returned. He knew absolutely nothing of what had happened upstairs in his master's room, because he had spent his entire time in the kitchen until he was sent for by the Secret Service agent, Symonds. Warren declined to cross-examine Donnally, and he was excused.
Symonds was then recalled to the stand. "Do you recollect, Symonds, whether the door leading from Captain Lloyd's bedroom into the rear hall was locked that night?"
"No, sir, it was not," replied Symonds, confidently. "It wasn't even closed. I found it ajar when I rushed over to open it, and call for assistance after I discovered Captain Lloyd was dead. And what's more," he added, "there was no key in the lock."
"Did you find any trace of the key?" inquired the judge advocate, quickly.
"Yes, sir. Doctor Ward wished to lock the room to prevent curious persons entering. So I searched the room, and finally found it on the mantel in the sitting-room half hidden by the clock. I guess Captain Lloyd was too exhausted to look about for the key, and decided to lie down without locking the door."
"Were the other doors also unlocked?"
"Yes, sir. I have already testified that they were not locked," and Symonds looked bewildered.
"Are you sure none of the furniture was upset in Captain Lloyd's bedroom, Symonds?"
"Absolutely positive, sir."
"That is all, Symonds; you may go. Orderly, ask Mrs. Lane to step here."
It was after three o'clock, but the judge advocate's manner was so full of suppressed excitement that Colonel Andrews refrained from adjourning the court.
"I will not detain you long, Mrs. Lane," said the judge advocate briskly. "Kindly tell the court what furniture was in Captain Lloyd's bedroom."
"Two beds, two chairs, a desk by the window, and two bureaus," replied Mrs. Lane, concisely and without hesitation.
"Are you sure that is all?"
"I am."
"Which hall does Captain Lloyd's bedroom door open into?"
"The back hall, sir."
"And where does that lead?"
"To the back stairs which go down into the kitchen."
"Do these back stairs go up to the third floor?"
"No, sir; only to the second floor."
"So that you have to pass Captain Lloyd's door every time you wish to go to the kitchen by way of the back stairs?"
"Yes, sir."
"You may go, Mrs. Lane. Orderly, tell Major Goddard that his presence is needed here."
Goddard was not long in coming, and with Donnally's assistance again made his way to the witness chair.
"Major Goddard," began the judge advocate, turning over the leaves of his book, "in your direct testimony you stated that when trying to find your way out of Captain Lloyd's bedroom you tripped over a foot-stool. Mrs. Lane has just testified that there was not such a thing in the room. Symonds has also testified that not one article of furniture that was in the room was overturned or apparently disturbed in any way. Now, sir, kindly inform this court what you really did trip over, and remember," he sternly admonished, "that you are under oath to tell the truth, the whole truth, and nothing but the truth."
Goddard grew white to the lips, and fingered his sword hilt nervously. Getting no answer to his question, the judge advocate repeated it. Still no reply.
"I will alter my question." The judge advocate's accusing voice rang through the tense silence. "Did you not trip over a dog belonging to the accused? I demand an answer, sir. Yes or no?"
For one brief second Goddard gazed with white set face in the direction of the judge advocate; then dropped his face into his trembling hand as he murmured: "Yes."
CHAPTER XXIV
A STARTLING DISCOVERY
Mrs. Warren, who had spent an anxious evening by herself, heard the rattle of her husband's latch key, and hurried out to the front door to meet him.
"Any new developments, dear?" she asked, as he stooped and kissed her.
Warren hung up his overcoat and hat before answering. "Let us go into the study," he suggested, and waited until they were closeted in the room before he spoke again. "Goddard has been placed under close arrest."
"Great Heavens! Why?" Mrs. Warren pushed forward a lounging chair. "Sit here, dear, you look utterly worn out."
"I am." The senator dropped wearily into the seat and stretched himself in comfort. "Baker insists that Goddard is an accessory after the fact." He ceased speaking, and drew out his cigar case and selected one of its contents. Mrs. Warren threw herself on the sofa near at hand and waited in silence for her husband to continue his remarks. "The judge advocate, also, is firmly convinced that Goddard knows more of what took place in Lloyd's bedroom than he will admit."
"I agree with the judge advocate," admitted Mrs. Warren. "It was only too obvious this afternoon that Major Goddard was trying to shield Nancy."
"And by so doing he has accomplished more harm than good." Warren paused and watched the smoke from his cigar as it curled slowly upward. "And what is worse, he has shown that he himself believes she is guilty."
"But, oh, Tom, how he loves her!"
"Yes," Warren's face softened. "He lied like a man. I wish to God he hadn't been caught!"
"Tom—you—you—don't believe Nancy killed that man?" The question seemed forced from her.
Warren hesitated. "Nancy swore to me that she was innocent; and yet—the deeper we go into this affair the more evidence we find that she only could have murdered Lloyd."
"But, Tom, we have only heard the prosecution's side of the case, so far. Your defence will surely throw some light favorable to Nancy's cause."
Again Warren hesitated and twirled his beard with nervous fingers; then burst out, "I wouldn't give that"—he snapped his fingers derisively—"for my defence! Louise, except Miss Metoaca, there is not one person I can call as a witness in Nancy's behalf. God help the girl! My only hope is to shake or discredit the testimony of the Government's witnesses."
He glanced at his wife's shocked face, and added hastily, "To sum up the case against Nancy: let us grant that the prosecution has established a motive for the murder. Now, they have proved, mind you, proved: first, that Captain Lloyd's talk with Symonds in the hall could have been overheard, and that no one but Nancy could have understood to whom that conversation referred as no names were mentioned; secondly, that Nancy was in the boarding-house at that time on the floor above; thirdly, that later she was seen coming from the back hall, which Captain Lloyd's bedroom door opens into; fourth, that Captain Lloyd's door was not locked; fifth, that Nancy had her dog with her; sixth, that that dog was in the room at the very time Captain Lloyd was probably killed. Nancy gave Mrs. Lewis a plausible excuse for her presence in that hall when she said she had gone down stairs to look for Misery, but I doubt if I can prove her statement. I have already seen the cook, Aunt Dinah, and questioned her as to whether the dog or Nancy were in the kitchen that afternoon, and the only response I could get from her was that she 'disremembered'."
"It is all circumstantial evidence," protested Mrs. Warren.
"Aye, my dear; only circumstantial evidence—but strong enough to convict her. I have not one witness who can refute this testimony."
"Why not let Nancy testify in her own behalf?"
"Nancy can testify in her own behalf and make a statement, but the evidence and statement will not be recorded. Besides, what weight will her unsupported word carry against a dozen witnesses?" asked Warren, bitterly.
"The coroner testified that Captain Lloyd might have died from heart failure. Perhaps Nancy entered the room just to steal the paper and found the captain already dead, and she dare not confess that she was in his room fearing they would not believe she had not killed him," argued Mrs. Warren, hopefully.
"My dear, if she made such an admission the court would lose no time worrying as to whether she killed Lloyd or not. They would instantly convict her for being a rebel spy, and she would hang," returned Warren, grimly.
"Why?" blankly.
"Because if she admits stealing that paper, it is proof positive that Captain Lloyd's charges are true."
"Scylla and Charybdis!" ejaculated Mrs. Warren. "But you forget, Tom, that Lee has surrendered."
"And Joe Johnston has not," dryly. "The war is not over. Once convicted on such a charge Nancy need expect no leniency. I have just left Miss Metoaca—" A knock interrupted him. "Come in!" Then as his servant entered, "Well, Hamilton, what is it?"
"Doctor Ward would like ter see yo', suh."
Warren rose. "Is he in the parlor?"
"Yes, suh."
"Wait!" Mrs. Warren sprang up from the sofa. "Hamilton, show the doctor in here. I am going up to my room, Tom, and you and the doctor can talk here undisturbed." And with a swish of her skirts she disappeared up the staircase as the man-servant ushered the doctor into the study.
"How are you, Ward," said the senator, heartily. "Stop, Hamilton, bring the doctor some refreshments."
"None for me, Senator, thank you all the same." Ward took the chair pushed toward him, and Warren turned his seat about so as to face his visitor. "I am sorry to disturb you at this hour, but I felt that I had to see you at once."
"Oh, that's all right. I am glad you came. I doubt if I can sleep to-night. The prosecution will rest its case to-morrow, and my work begins." He opened his cigar case and handed it to the doctor. "Won't you join me? Here's a match." He put an ash receiver on the table by Ward's side. "Have you heard of Goddard's arrest?"
"Yes. It is all over town by now; and Stanton is very much censured for placing him under close arrest. Major Goddard has won the people's sympathy."
"It is not surprising. His blindness, his evident infatuation for Miss Newton and desire to shield her appeal to the romantic side of human nature. I only wish it would have the same effect on the Court," growled Warren.
For a few minutes the two men smoked in silence; then Ward laid aside his cigar. "May I close the door?" he asked. "I have something of importance to say to you."
"Why, certainly." Warren started to rise, but Ward returned quickly from closing the door, and resumed his seat.
"I made a startling discovery to-night," he began. "I suppose I should take my story to the judge advocate; but I am convinced you are defending an innocent girl, and this information may help you to clear her."
"Continue," urged Warren, his weariness forgotten. Ward drew his chair closer to his interested listener.
"You undoubtedly recollect that Captain Lloyd was found dead on Monday night, March 6th, and that Symonds sent at once for me."
"Yes, yes," exclaimed Warren, impatiently as Ward paused for a reply.
"The next day I called to see Major Goddard in the morning, and again in the afternoon. To my intense indignation I found Colonel Baker talking to Goddard, with what results you know. Goddard's condition was such that I had to remain with him all night.
"When I rose to go the young nurse handed me my hypodermic syringe, saying that I had left it there that morning. I dropped the syringe into my overcoat pocket and thought no more of the matter. The weather turned mild, and I did not use my overcoat again. But this evening I hunted through its pockets looking for a mislaid letter, and I found my hypodermic syringe.
"I was considerably puzzled; for I have given many hypodermics since I used that coat. So I searched through the pockets of the clothes I have on and found the syringe I have been using constantly. Thinking the syringe in the coat pocket was the one I carry in my bag for emergencies, I opened the bag intending to replace it, and was astounded to find a syringe already there.
"Then I sat down and examined the syringe the nurse had given me. I found some substance remaining in it; made several tests, and discovered that it was a solution of curari or curarine."
"Curari!" echoed Warren.
"Curari, called variously 'curara, ourari, woorali', a deadly poison which leaves no trace when injected into the blood, or applied to an open wound or sore."
Warren's eyes were fairly popping from his head. "And you think?" he gasped.
"There is not a doubt in my mind but that Captain Lloyd was killed by an injection of a solution of curari," declared Ward, positively. "Every symptom, or rather, lack of symptoms, found at the autopsy points to its use.
"Realizing what I had stumbled across," continued the doctor, "I hurried over to the office of the Sanitary Commission, and they told me there that the nurse, Mary Phelps, was at the Central Hospital. When I reached the hospital I found Miss Phelps just going off duty. She said that she had found that syringe tucked between the mattress and the headboard of Goddard's bed when she changed the sheets. She supposed I had dropped it there the night before."
Ward ceased speaking, and in uncontrollable excitement Warren sprang to his feet and walked rapidly up and down the room.
"This ought to help, and yet I cannot see—I cannot see," he muttered; then wheeled on Ward, who was watching him intently. "Come, Doctor, haven't you formed some theory which may give me a clue?"
"I have," admitted Ward slowly. "It is one that may lead to very serious consequences. Curari is a poison that we Americans at present know little about. It is used by the South American Indians, who dip their arrow points in it. You can swallow a small dose of the poison and it will not hurt you. It is very difficult, if not impossible, to get this drug in this country. I only know one person who possesses a small quantity of the poison."
"His name?" demanded Warren vehemently. "His name?" Then as Ward still hesitated, "Good God! man, do you realize that an innocent life may be sacrificed if you don't divulge his name!"
"It is that which induced me to come to you to-night, Senator," said Ward reluctantly. "The only man I know who owns that drug is my preceptor, Doctor John Boyd."
"Boyd!" shouted Warren. "Oh, preposterous!"
"That is what I thought—at first."
"Why, why, damn it, man!" exclaimed Warren. "Doctor John wouldn't do such a thing. He is just a hot-tempered, peppery old Southern——"
"Exactly, sir, and has been accused of passing information through our lines. Time and again he has been threatened with arrest."
Warren mopped his hot face; then dropped back into his chair. "Go ahead and explain your theory more definitely," he directed abruptly.
"Doctor John is devoted to Miss Newton. I don't doubt he has assisted her on many occasions—" Ward checked his hasty speech. He did not wish to convince Warren that Nancy was a spy. That would not be doing her a service.
"Listen to me, Senator," he checked off his remarks on his fingers to emphasize them. "Doctor John Boyd is the only person who has any curari in this city—to that I am willing to swear. Miss Newton may have confided to him that Lloyd suspected her of being a spy, and that she feared him. Doctor John may have overheard Lloyd when he told Symonds that he had absolute proof of her guilt. He attends several of Mrs. Lane's boarders professionally, and may have been in the house at that time."
"Hold on, hold on; not so fast, man," cautioned Warren. "It is not likely Doctor John went about carrying poison in his pocket, and how was it possible for him to be there at the psychological moment?"
"You forget his office is next door to Mrs. Lane's; it would not have taken him five minutes to get the poison and reenter the boarding house. Secondly," as Warren still stared at him with unbelieving eyes, "Doctor John disappeared that night and has not been heard of since."
CHAPTER XXV
A THUNDERBOLT
The court-room was crowded when Colonel Andrews called the court to order on Wednesday morning. Goddard's arrest had stirred interest in the trial to fever heat, and the authorities had been besieged by requests for cards of admission.
Mrs. Warren was late in arriving, having stopped in her carriage to pick up Mrs. Arnold and Mrs. Bennett, and she found that every seat was occupied. But the orderly at a whispered word from the judge advocate placed extra chairs for them near the center table. After thanking the judge advocate for his courtesy, Mrs. Warren turned and looked anxiously at Nancy.
The strain of the past two days had told on the girl. She looked haggard and worn, and her eyes were heavy from lack of sleep. She caught Mrs. Warren's eye, and smiled bravely in response to a friendly wave of the hand. She showed far more composure than either of her counsel. 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 a stay of proceedings on the plea that new and vital evidence in Nancy's behalf could be procured. Warren hesitated even to do that. He realized all too clearly that he was between the horns of a dilemma. If it chanced that Doctor Boyd's motive for killing Captain Lloyd was to secure that despatch and thus protect Nancy, it would but establish her guilt as a rebel spy. No one would be likely to believe Boyd had committed such a murder unless he knew, and feared the despatch would incriminate her if allowed to fall into Union hands.
Since seven o'clock Warren had been scouring the city in search of a clue as to Doctor Boyd's whereabouts, but without success. He had seen several of the doctor's patients, who could only tell him that Doctor Boyd had been unexpectedly called out of town, and before going had notified them to send for Doctor Ward if they needed medical attendance during his absence. Warren met with no better success when he made inquiries at Boyd's house. After repeated ringing of the front bell, and knocking on the basement door, the old housekeeper finally answered the door. On learning Warren's errand, she said that the doctor told her he was likely to return at any time; she had no idea where he had gone, he had told her to keep all mail for him.
Warren glanced impatiently at his watch. Miss Metoaca was to be the first witness for the defence, and he had promised to escort her to the trial. Realizing that he had little time to spare before the court convened, he called a hack, jumped into the vehicle, and was driven to the Newtons'. Miss Metoaca was ready and waiting for him, and on their way to Fourteenth Street Warren asked her if she could tell him where Doctor Boyd had gone. Her reply was discouraging. She had not seen or heard of him for weeks.
"I would give anything in the world if he were here," added Miss Metoaca, with emphasis. "He is devoted to Nancy."
Warren silently echoed her wish as he piloted her into the room reserved for the witnesses.
The judge advocate's first witness that morning was an elderly man who apparently did not relish his unexpected prominence before the public. He sat biting his nails and glancing uneasily at Nancy. When being sworn he was ill at ease, and his behavior created a most unfavorable impression 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 I have 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 silent room. Warren had not told his wife of Doctor Ward's startling discovery, and Brown's testimony was a distinct shock to Nancy's tender-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 her cat had been run over and she wished to put it out of its misery. Miss Newton is so well known, and her character then was respectable——"
"I object," challenged Warren instantly.
"Objection sustained. Witness, do not indulge in reflections. Confine yourself to answering the judge advocate's questions as briefly as possible," 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 her as she said it was awkward carrying a round bottle, and she feared she would drop it."
"Indeed!" The judge advocate's satisfaction was apparent. "State the exact time the accused was in your store."
"About a quarter to four, as far as I can remember. I did not enter the sale in my books at the time because Miss Newton said she was in a hurry."
"Have you any questions to ask the witness, Mr. Senator?" asked the judge advocate. For answer Warren handed him a folded paper which he read aloud: "Was that the first time you sold chloroform to Miss Newton?"
"I can't say. It might have been. I do a large business," was the evasive 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 next question.
"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 great hurry. Doctor Boyd had a class of young ladies who were learning first-aid to the injured, and Miss Newton acted as his assistant at the clinics."
At the man's words Warren started as if stung. A horrible possibility had occurred to him. Suppose Nancy had visited the doctor's office as well as the drug store that afternoon! She was probably familiar with every article in the doctor's office. Could she have known about the curari? He passed his hand across his damp forehead; then turned to the witness: "I have no further questions to ask you," and Brown beat a hasty retreat.
The judge advocate completed his last entry in his book, laid down his pen, and rose.
"The prosecution rests its case," he announced quietly.
After a brief consultation with Nancy and Dwight, Warren summoned Miss Metoaca to the stand. The spinster's eyes filled with tears when she first saw Nancy. She was devoted to her niece, and the signs of suffering in Nancy's face cut her to the heart. She had to clear her throat twice to get rid of a suspicious lump before she could be duly sworn. Though a witness for the defence, the judge advocate asked the first question, as is the custom in all courts-martial.
"Are you related to the accused?" he asked, when Miss Metoaca was finally 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 he read its contents. He crushed the note in his hand, gave a few low-toned directions to his colleague, and left the room.
Warren had prepared his questions, and Mr. Dwight handed them one by one to the judge advocate.
"Do you own a cat?"
"I do, or rather, I did. She had to be chloroformed, much to Misery's delight."
"Misery?" Dwight was confused; he was not familiar with Misery, never having 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. The cat was run over just before my niece went out, and I asked her to buy some 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 the chloroform?"
"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 you wish 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 both armies."
"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 to Washington 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 said nervously, "that a recess be taken until to-morrow morning? Our senior counsel, 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 unnecessary taking up the valuable time of this commission, the members of which have been detached from their respective posts and regiments to serve on it. The Secretary of War has directed that the hearing be terminated at the earliest possible date. If Senator Warren wished a recess he should have so stated before leaving the room. As it is, the accused is still represented by able counsel. If she does not wish to make a statement in her own defence, I will submit the case to the court."
"One moment," interposed Dwight firmly. "You forget, Mr. Judge Advocate, that your case is incomplete. The court has ruled that hearsay evidence will not be accepted. Belden, the scout, has not yet testified before this court as to——"
"I forget nothing," interrupted the judge advocate, heatedly. "The first charge can wait. The second charge of wilful murder has been proved against the accused."
"I deny it," retorted Dwight. "Without a motive you cannot prove a murder. The second charge hinges on the first; until that is proven the second cannot be——"
"I appeal to the court," broke in the judge advocate passionately. "I contend this is simply a clever ruse to gain time. Can you doubt it, you who have seen the rope tightened about the prisoner's throat"—involuntarily Nancy's hand crept up to her neck and plucked nervously at her collar—"by the testimony of reputable witnesses?
"Captain Lloyd, a gallant soldier, was foully murdered in the performance of his duty. You, his brother officers, have been told how the murderess crept down stairs, crept into his bedroom, stole the pocketbook containing the incriminating paper; then, fearing that he might still be able to prove her guilt, she leaned over the sleeping man—and silenced him forever. I tell you," he struck the table with no uncertain hand, "this has been proved. Let the counsel for the defence deny it if they can."
"We deny nothing." With set, stern face Warren, who had entered unnoticed some moments before, pushed his way through the crowded room. He passed Nancy, without look or word, and stopped midway between her chair and the seated officers. "We admit the truth of the judge advocate's statement."
A thunderbolt could not have created a greater sensation. The officers, as well as the spectators, sat dumb, bereft of speech. Nancy, grown deadly white, gazed at Warren with agonized, helpless eyes as his powerful, relentless voice rang out:
"The judge advocate has described to you how she stole step by step into that room with murder in her heart, the guilt of former days lending courage to a desperate act. With stealthy tread she crept up to the bed, her hand fumbled for a moment in the folds of her dress, then drew out a syringe. Deftly, and with practiced hand, she thrust the hypodermic needle into the brawny arm which, once so valiant in the fight, lay helpless on the pillow.
"Calmly she watched the poison flow into Lloyd's veins; then stepped back and dropped the syringe between the head-board and the mattress of the other empty bed. As her hands closed over Lloyd's coat the hall door 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 with fast-beating heart. A hesitating step crossed the threshold. Gradually her breath came back and her guilty heart beat more slowly. A blind man could not harm her. She removed the pocket-book just as Goddard tripped over the dog. The sound of his fall aroused the stupefied figure on the bed. Faintly he whispered a name—a familiar name—the name of——"
A shriek rang out—the cry of a soul in torture! The spell-bound officers sprang to their feet. Spectators climbed on their chairs for a better 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. "For God's sake, let me go!"
"That is just what we cannot do. Guard, here is your prisoner," and Warren caught Mrs. Bennett as she fell.
CHAPTER XXVI
BY A HAIR'S BREADTH
Again and again Colonel Andrews demanded order in the court-room, but the spectators were utterly demoralized and refused to be quiet. It was only after Mrs. Bennett had been carried unconscious into another room that the confusion somewhat abated. Nancy, trembling in every limb, in the reaction which followed her terror and shock, collapsed in her chair, incapable of speech. Mrs. Arnold, whose complexion had turned pasty from her emotions, clung frantically to Mrs. Warren and begged tearfully to be taken home.
Colonel Andrews, purple in the face with his exertions, bellowed in a voice at last heard above the racket: "This unseemly behavior must cease! Major Lane, call the guard and clear the room!"
Silence quickly followed the order, and Warren turned and addressed the excited court:
"I ask your indulgence for precipitating such a scene. I returned to this room intending to ask a stay of proceedings so that I could have time to gather evidence against Mrs. Bennett; but, on hearing the judge advocate's argument against postponement, I saw my opportunity to force a confession from the guilty woman by giving details of Captain Lloyd's murder which would induce her to think there had been an eye-witness to her crime.
"Sitting there, confident that another was practically convicted for Captain Lloyd's murder, the shock of my unexpected words affected her as I hoped they would, and she betrayed herself."
"Is that the only evidence you can offer to prove Mrs. Bennett's guilt?" demanded the judge advocate, harshly.
"My next witness is Miss Mary Phelps, a nurse of the United States Sanitary Commission," was Warren's noncommittal reply.
After the usual preliminaries Miss Phelps told how she found the hypodermic syringe and why she gave it to Doctor Ward. She was then excused, and her place taken by Doctor Ward, who in a few concise words described how he discovered that the syringe was not his, and that it contained a solution which, on examination, proved to be a form of curari. He produced the syringe and gave it to the judge advocate.
As he left the court-room Doctor John Boyd's name was called, and the famous surgeon limped into the room and to the witness chair, followed by a low ripple of excited comment from the spectators which was quickly quelled by Colonel Andrews' peremptory demand for silence. When Doctor Boyd had satisfactorily answered the judge advocate's first question after being sworn, Warren began his direct examination.
"Doctor, are you acquainted with the poison known as curari or curarine?"
"I am. Some of the drug was given to me when I was last in South America. It is almost impossible to procure it in this country now."
"How many people knew that you owned this drug?"
Doctor Boyd reflected a moment before answering. "I am sure only two people beside myself—my former assistant and Mrs. Bennett."
Colonel Andrews had no need to call for silence; one could hear a pin fall in that quiet room as court and spectators bent forward, the better to hear Doctor Boyd's low voice.
"How did Mrs. Bennett learn that you had some curari?"
"She came in to my consulting room one day last November. I had just been making some physiological tests, and the bottle containing the curari was on my table. After I had given her the prescription she had come for she asked me what the bottle contained.
"Curari is a curious poison, and one that is not much known, at least at this date. I explained that the South American Indians used it on their arrow points in the chase, animals killed by it being quite wholesome. I also told her that curari may, except in very large doses, be swallowed with impunity, but if introduced into a puncture of the skin, so as to mix with the blood, the effect is instantly fatal, and leaves no trace of poison behind it. She asked me how to obtain a solution of the drug, and I explained in detail; then, seeing she was ready to go, I rose and put the bottle of curari back on its shelf in the small medicine cabinet that hangs near my table."
"Is the cabinet kept locked?"
"No. My old housekeeper, Martha Crane, has charge of my private office and would not think of disturbing any of my belongings."
"Did you know Captain Lloyd?" read the judge advocate, pasting Warren's last question in his book.
"I first met Captain Lloyd on New York Avenue one morning in January, but I saw him again that same night." The surgeon paused.
"Give a full account of that last occasion," directed Warren.
"I was attending a supper party at Senator Warren's," began Boyd. "We were having a pleasant evening when the bell rang and the servant told the senator that a gentleman wished to speak to Major Goddard. Senator Warren immediately asked Captain Lloyd to step into the parlor, but he declined, saying he preferred to wait in the hall for his friend.
"Suddenly I was startled by a half-stifled moan, and turned to see where the sound came from. Mrs. Bennett was crouching on the sofa behind me; her face livid, her eyes starting from her head. I followed her glance and saw Captain Lloyd standing directly under the hall light."
"Did Captain Lloyd see Mrs. Bennett?"
"No; we were sitting in the darkest part of the room, besides which he was too occupied in staring at Major Goddard and Miss Newton to notice anyone else."
"What happened next?"
"Major Goddard joined his friend almost at once and they went away together. Then, before I could catch her, Mrs. Bennett fell fainting on the floor. If ever I saw naked fear it was in her livid countenance when she gazed at Captain Lloyd.
"Naturally I was curious to know what connection there was between Mrs. Bennett, a society butterfly, and Captain Lloyd of the Secret Service, particularly as I was informed that she was a Union spy, but my professional duties claimed all my attention. And I forgot about the scene until it was recalled to my mind by Mrs. Bennett herself."
"In what way?"
"I was talking with her at the President's levee on March 2nd, and spoke of Major Goddard. She asked me if Captain Lloyd had returned to town with him, and I replied in the negative."
"Was that the last time you saw Mrs. Bennett?"
"No. I saw her on the afternoon of the 6th of March going in to Mrs. Lane's. My housekeeper, Martha," he added, before the judge advocate could speak, "told me, when I entered my office a few seconds later, that Mrs. Bennett had just left, having waited for me in the front office for some time."
"Is the communicating door between the office and your consulting room kept locked when you are absent?"
"No, never."
"Then a patient could enter your consulting room without disturbing your housekeeper?"
"Yes."
"Did you see Mrs. Bennett waiting on Mrs. Lane's doorstep?"
"No, she was just turning the front doorknob and entering when I passed the house."
"Did she see you?"
"No, I think not. Her back was turned to me."
"Is your usual office hour at that time in the afternoon?"
"No."
"Then Mrs. Bennett knew that you were likely to be out at that hour?"
"Yes; she told my housekeeper that she had a bad attack of neuralgia, and had called on the chance of finding me in."
"Where have you been during the past month, Doctor?"
"I left Washington that very afternoon on my way to Richmond."
"Just a moment," interposed Warren, and handed another slip to the judge advocate, who read the question aloud. "Did Mrs. Bennett know you expected to leave town?"
"She did. I told Mrs. Arnold in her presence that I expected to go away at any moment, and did not know exactly when I would return."
"Continue your statement," directed Warren.
"I went to Richmond to see my brother. On my arrival there I found him in one of the hospitals, dying." Boyd's keen eyes grew misty. "I stayed with him to the end. I found my services needed in that unhappy city, so remained; but just before the evacuation I went over to Petersburg to assist in the field hospitals. I only returned to Washington this morning."
"When did you first hear of the charges against Miss Newton?"
"When I reached my house this morning I found Doctor Ward there making inquiries of Martha as to my whereabouts. We went into the office, and Ward told me of Miss Newton's arrest and trial, finally mentioning his suspicions that curari had been used. I sprang out of my chair, walked over and pulled open the door of the cabinet. The bottle of curari was empty. I also found on further search that one of my hypodermic syringes and needles, which I keep in the top drawer of my table, were missing."
"Did any one have access to your offices during your absence from the city?"
"No. I locked both the doors and bolted the windows of those rooms before I left that afternoon, and took the keys with me, knowing that I might be away from home for some time."
"What did you do on discovering the curari was gone?"
"Doctor Ward and I agreed that Senator Warren should be sent for. On his arrival we consulted together and decided that Mrs. Bennett must have killed Captain Lloyd."
"That is all, Doctor," announced Warren. "Mr. Judge Advocate, take the witness."
"Do you know any motive for Mrs. Bennett's crime?" inquired the judge advocate.
"Fear, deadly fear."
"Do you know what inspired that fear?"
"No, sir; I do not."
"You are excused." And the doctor, bowing to the court and to Nancy, withdrew.
"May it please the court to recall Major Goddard," said Warren.
"Major Goddard is under close arrest and cannot leave his quarters," replied the President.
"But there are no longer grounds for such arrest," retorted Warren, warmly. "He cannot now be accused of being an accessory after the fact. By President Lincoln's permission I was allowed to see the major this morning, and I say to you in all earnestness that his testimony is needed to clear up this mystery. I have here an order from the Secretary of War," extending a long envelope which had been delivered to him a moment before, "releasing Major Goddard from arrest."
Convinced by Warren's earnest appeal, the presiding officer despatched an orderly for Goddard.
Nancy's color had returned, and her eyes sparkled with relief and renewed courage as she talked in a low tone with Warren and Dwight during the short wait that followed. Goddard soon made his appearance, for his conversation with Warren had prepared him for such a summons. His whole bearing had changed. He entered the room erect and smiling, and despite his blindness moved with quick, decisive step as the orderly guided him to the witness chair.
"State to the court Captain Lloyd's full name," ordered Warren.
"George Lloyd Irving." His announcement caused low voiced comment, and Colonel Andrews pounded for order.
"Why did Captain Lloyd drop his family name?"
"Because he desired to lose his identity after a certain tragedy in his family."
"Give a full account of that tragedy."
"After graduating from West Point I was ordered West, and I did not see Captain Lloyd until seven years later. I found him greatly changed from the kindly, happy boy I had known in former days. After we had been together for a month we drifted into our old friendly ways, and one night Lloyd confided his troubles to me and why he had dropped his surname.
"Three years before that date, when on a visit in the West, he had met a very pretty, charming girl, became infatuated with her, and after a brief courtship they were married. Shortly after the honeymoon they both realized they had made a fearful mistake. She had married Lloyd for the social position his name could give her. She found that Lloyd hated society and would go nowhere. He was also comparatively poor and could not supply her with the luxuries her shallow nature craved. So they endured a parrot and monkey life of it. After the birth of their baby there was continuous friction, for Lloyd declared that to cut down expenses to meet additional bills they would have to live in a farm house which he owned near a village in New Jersey.
"They moved there and things went from bad to worse. Mrs. Irving hated the village people. Their church socials and the sewing circles seemed to mock her; for she craved balls and brilliant receptions. She never troubled to return the calls of the friendly farmers' wives, and finally she was shunned. Lloyd, who went to and from his work every day, was wrapped up in the baby, a sickly little girl, and paid but little attention to his wife's tempers.
"One day, driven to desperation by the monotony of her existence, for which she chiefly had herself to blame, Mrs. Irving decided to leave Lloyd. He had been sent to Philadelphia to investigate a criminal case, and was expected back the next afternoon. Mrs. Irving dismissed her servant, and at noon the next day, after writing a note to Lloyd, she shut up the house and trudged into town, reaching the station in time to catch the train to the city."
Goddard stopped his long narrative, and cleared his throat nervously. Nancy had never taken her eyes from him, and, as if he felt their appeal, he turned and spoke as if addressing her alone.
"Unfortunately, Lloyd was detained in Philadelphia by illness. When he reached his home he found his house closed, his wife gone, and his delicate baby dead from starvation and exposure in the bitter weather. His farm was on a little-frequented road; his nearest neighbor six miles away. No one had noticed the closed house; no one had approached near enough to hear the baby's cries.
"From that moment Lloyd was a changed man. He waited until after his child was buried; then started in pursuit of her unnatural mother. I do not suppose," added Goddard hastily, "that it ever occurred to Mrs. Bennett that Lloyd might be prevented from returning home that afternoon. She had no particular affection for the child, and decided that having a baby with her would be a drag. She also undoubtedly reasoned that Lloyd would not trouble to find her, but if she took the child away he would instantly institute a search for her.
"Lloyd spent months trying to trace his wife. Finally word reached him that she had sailed on an ill-fated ship which was wrecked, and his wife was reported among those drowned. Convinced that she was dead, he let the matter drop. But, knowing Lloyd as I did, I am convinced that, had he suspected his wife really was alive, he would have killed her, for he worshipped that baby. Many a night I have been wakened by his calling: 'Baby-tot! baby-tot!' in heart-rending tones in his sleep, as I told Senator Warren this morning."
"Why did you not relate this narrative when you testified yesterday?" asked the judge advocate, after Warren signified that he could cross-examine Goddard.
"Because I never connected Lloyd's unhappy married life with the cause of his murder. I thought his wife was dead."
"Did you ever see Captain Lloyd—Captain Irving's wife?"
"No, sir. You can prove my statements by going to the village where the child is buried. I don't doubt you can find some farmers who can identify Mrs. Irving."
"Then you have no direct proof to adduce that Mrs. Irving and Mrs. Bennett are one and the same person?"
"I have no such proof," admitted Goddard, "but any one of average intelligence——" His hot-tempered speech was interrupted by a request that the judge advocate see Mrs. Bennett, who had regained consciousness.
Interest was keyed to the highest pitch, and the judge advocate's return to the room was hailed by a low murmur of suppressed excitement. He laid down a paper and announced gravely: "Mrs. Bennett has confessed."
For the moment there was absolute stillness; then spontaneous applause broke out from Nancy's friends, which was instantly checked by Colonel Andrews.
"In her signed confession Mrs. Bennett states that she is Mrs. Irving," continued the judge advocate. "She bribed a poor woman who was sailing on that ill-fated ship to assume her name, thinking it would mislead her husband should he try to find her. When she heard the woman was drowned Mrs. Irving considered that she was safe. She altered her appearance by dyeing her hair and by other artificial means. Her pleasing address and good education assisted her, together with a forged reference, in securing a position as companion to a rich invalid. Some months after that she heard of the death of her child, and she considered one of the links binding her to the past had been broken. Two years went by; then she met Colonel Bennett at Saratoga, and three months later they were married.
"Mrs. Irving states that she spent December and the first part of January in the North, and only returned to Washington the day before Senator Warren's supper party. On her arrival she had an interview with Secretary Stanton and agreed to find out and report which women in society were sending aid and comfort to the enemy. When she saw and recognized Lloyd she was panic-stricken; not only had she knowingly committed bigamy, a criminal offence, but exposure meant social ruin. And while only indirectly responsible for her child's death, she knew Lloyd, and realized that he would stop at nothing to revenge what he considered the child's murder.
"From that night she planned to get rid of Lloyd. It was easy for her to keep out of his way, for he was in Winchester most of the time. Then she remembered the curari—the poison that left no trace!
"Accompanied by Mrs. Arnold, she visited Major Goddard, and then found out where their rooms were located and how to reach them. Fate played into her hands, for on that sixth of March she met Aunt Dinah, whom she knew, having lived at Mrs. Lane's with her husband when he was first ordered to duty in Washington. Aunt Dinah, who was returning from executing an errand at Brown's drug store, told her that Captain Lloyd had returned and was lying down in his room. Mrs. Lane had said he was not to be disturbed, as he was asleep. Aunt Dinah announced she was dead tired herself from answering the front door in addition to her other work. Mrs. Irving promptly suggested that she leave the front door on the latch, and she watched the old colored woman follow out her suggestion. At last the way was clear. Mrs. Irving knew the house; knew the hours kept by the boarders; if she was seen in the house she had a plausible excuse to explain her presence there. So she secured the poison and committed the murder as already described.
"Mrs. Irving declares that she stole the pocketbook thinking it might contain some papers which referred to her. She burned the case and its contents without examining them, such was her haste to get rid of what might prove incriminating evidence against her. She only took the pocketbook, because she dared not linger long enough to search Lloyd's other belongings, as she could not lock the hall door, and she was in deadly terror for fear some one would walk in on her.
"That is all in the confession which refers to this trial," ended the judge advocate, as he laid down the paper.
"I respectfully submit to the court," began Warren, rising, "that my client has been absolutely vindicated, and demand that she be released from imprisonment."
"The accused has been proven not guilty of the charge of wilful murder," said Andrews, slowly. "But, Mr. Senator, she has not been cleared of the first charge. We must first hear Private Belden's testimony."
The judge advocate rose. "I have here," he announced, taking up an envelope, "a telegram which was handed to me as I entered the room just now. I have not had a moment in which to read it." As he spoke he tore open the envelope. Quickly he scanned the lines, then read them aloud:
"Cavalry Headquarters, April 12, 1865. Captain George Foster, —th Infantry, War Department, Washington.
"I have to report that Private Belden was killed during the battle of Sailors' Creek, April 6th, 1865.
"H. K. YOUNG, Chief of Scouts".
CHAPTER XXVII
WITH MALICE TOWARD NONE
The judge advocate handed the telegram to the presiding officer as Warren stepped forward.
"I respectfully submit to the court," he said, quietly, "that the first charge against my client is quashed. You have ruled not to admit hearsay evidence. Symonds' testimony in regard to the securing of that despatch from Major Pegram is hearsay. Furthermore, he declares on direct examination that my client's handwriting is not the same as that of the despatch. My client has already been vindicated of the second charge; the first is non-proven. Again I demand my client's honorable acquittal at your hands."
The judge advocate rose to sum up his case, but his argument was interrupted by the entrance of an orderly who handed him a note which he read in haste; and he changed the words almost on his lips.
"May it please the court," he said. "I have received word that new and most important testimony has been discovered relating to the first charge against the accused——"
"You are too late, Mr. Judge Advocate," exclaimed Warren, hotly. "I have already presented my argument to the court. The case is closed!"
"Not so." The judge advocate picked up a book from the table and read aloud: "'The court may, in the interest of truth and justice, call or recall witnesses, or permit their recall at any stage of the proceedings; it may permit material testimony to be introduced by either party quite out of its regular order and place, or permit a case once closed by either or both sides to be reopened for the introduction of testimony previously omitted, if convinced that such testimony is so material that its omission would leave the investigation incomplete.'"
The judge advocate closed the book with a snap and laid it back on the table. "I respectfully contend that Colonel Baker's testimony is necessary before this case is closed. Here is the colonel's note, Mr. President," and he passed the paper to Colonel Andrews, who, after perusing it, handed the paper to the other members.
"The court rules that it is both permissible and necessary to hear further testimony," announced the colonel. "Call Colonel Baker to the stand."
Vexed and angry, Warren resumed his seat. Was victory to be snatched from him at the crucial moment. He dared not glance at Nancy, and sick at heart he listened to the judge advocate's slightly hoarse voice administering the oath to the new witness.
"Do you know the accused?" asked the judge advocate after Baker had given his full name and rank in the service.
"I do. I placed her under arrest as a rebel spy."
"What evidence have you to prove that fact?"
"This." Baker put his hand in his pocket and drew out a small red leather cardcase which was caked with mud. Nancy's eyes distended with fear, and she whitened perceptibly. "I have searched Miss Newton's house a number of times, but without success. To-day I decided to make one more effort, and so ransacked the place thoroughly. When in the stable I noticed that a red-brown field spaniel was doing a lot of snooping around in the rose garden, and I watched him for about ten minutes. Finally he located his bone and dug it up, and with it a tin box which contained this leather case."
Nancy almost cried out. Misery had betrayed her—her pet companion, her little dumb, loyal friend, whose companionship she had longed for for many days. She could hardly see Baker's movements through the stinging tears that surged into her eyes.
Baker took from the case a much-worn paper, and without further comment handed it to the judge advocate, who cleared his voice and read its contents aloud:
"Special Order { WAR DEPARTMENT, No. 17 { Richmond, Va., June 25th, 1862. (Extract)
"2 ... The Bearer, Miss Nancy Newton, of Washington, District of Columbia, having volunteered her services, is hereby appointed as Special Agent of Confederate States Government, subject to the approval of this Department. Commanders of Posts, Officers of Guards and Patrols will render all assistance in their power.
"Quartermasters will furnish all necessary transportation.
"By Command of the President.
"Description
"Age—21 Stature—5 ft. 7-1/2 in. Forehead—Broad Eyes—Hazel Nose—Rather short and straight Mouth—Medium size Chin—Round, with deep dimple Hair—Red-golden Complexion—Fair Face—Oval
"JAMES A. SEDDON, Sec'y of War."
Silently the presiding officer accepted the paper, inspected it, then passed it over to the members of the court.
"Have you any questions to ask the witness, Mr. Senator?" asked the judge advocate.
"Who was present when you found that paper, Colonel Baker?"
"The provost marshal and two of his men," answered Baker; then added: "The leather case is stamped with the prisoner's initials."
"That is all. I have no further questions to ask," said Warren, and Baker departed.
"Do you desire to present argument, Mr. Senator?" asked the judge advocate.
Warren glanced at Nancy's averted face.
"The case rests on its merits," he said slowly. "The evidence is before the court; but I must plead that in reviewing it the court will remember the youth of the prisoner and her sex."
"Stop!" Nancy was on her feet in an instant, her slender form drawn to her full height. "It is my right to make a statement in my own behalf. I desire no such plea entered. My sex prevented my taking arms in the field for the cause I love; so I strove to aid the Confederacy in the only way I could, by woman's wit. Like the Cause," her voice trembled, "I have failed.
"Gentlemen, I am a spy; that most despicable of characters. You are soldiers. You fight in the open and die, honored; I fight in the dark and die—dishonored. You fought for love of the Stars and Stripes; I for love of the Stars and Bars."
A brief pause followed as Nancy's clear, unfaltering voice ceased; then Colonel Andrews rose.
"The court is closed," he announced solemnly. "The findings will be sent to the proper authorities."
Nancy swayed slightly, recovered herself, bowed to the court, then turned blindly and followed the corporal of the guard out of the room. Silently the crowd dispersed; the shadow of coming tragedy stilling all desire for light chatter.
* * * * *
Nancy rose and paced the small prison room restlessly. Anything to get away from her own thoughts. For forty-eight hours she had heard nothing from the outside world. She had not closed her eyes the night before, and Friday found her weary and unstrung by her long vigil.
She wondered dully when the sentence would be carried out. She hoped soon. She pushed her hair back from her forehead nervously. Her thoughts turned to her aunt and then to Goddard. Surely she would be permitted to see them; they would not let her face the end alone.
She had never thanked Senator Warren for all his kindness; all that he had tried to do for her, and all that he had accomplished. At least she was not branded as a murderess. And yet Goddard had thought her capable of such an act!
Nancy's eyes burned with hot, scalding tears that fell one by one; bravely her white lips hushed their moan. She must not lose her self-control. Resolutely she turned and straightened her few belongings. She was so absorbed in trying to forget painful thoughts that she did not hear the sentry open the door, nor a hesitating footstep that crossed the threshold.
"Nancy," said a pleading voice. The girl wheeled around, the carmine mounting her bloodless cheeks. Without a word she stepped forward and was clasped in Goddard's strong embrace. "Do not cry so, my darling," and he stroked her hair with loving hand.
"I must—I must—it is the first time I have given way," gasped Nancy between her sobs. "Oh, Bob, you don't know how I have wanted you; to feel your strong arms about me; to know"—her voice sank—"to know you love me in spite of all——"
"Love you!" the man's voice was rough with the intensity of his emotions. "I love you so it frightens me. God! Why am I so helpless? You are more precious to me than all the world, and I can do nothing."
"Do you call it nothing to offer to die in her place?" asked a quiet voice behind the lovers, and Lincoln, who had walked into the room unheard, closed the door.
Nancy's eyes shone like stars. "Did Bob do that?"—forgetting greeting in her excitement.
"Yes," replied Lincoln, seating himself on the edge of the bed and placing his tall hat beside him.
"You will let me, Mr. President," pleaded Goddard vehemently. "I am blind—helpless—my life will be no loss—I have served my country—while she——" Nancy clung to him in sudden terror. "I give you my word Nancy will henceforth be loyal to our Government."
"Seems to me you are promising a good deal," said Lincoln, dryly.
"You will let me?"—eagerly.
"Die in her stead? No."
"And you are right," declared Nancy, as Goddard stooped over her to hide his bitter disappointment. "I will not accept such a sacrifice."
"'Greater love hath no man,'" quoted Lincoln softly. "You have warm friends, Nancy. Doctor Boyd was with me at noon. He told me that your father on his death-bed made you swear that you would do your utmost to assist the Confederacy. Is that so?"
"Yes." Nancy raised her head bravely and met unflinchingly the gaze of the saddest eyes she had ever seen in human head. "But it was not only that, Mr. President. Like all loyal Virginians, I loved and believed in the Cause."
"As I believe in my Cause, Nancy. Suppose we leave Cause and effect to our Maker; He knows and will not judge our errors harshly, for God is love. The fighting is practically over. Dear child, are you willing to trust to me to heal the war-hurt, and to accept the protection of the flag again, the flag your forefathers died for?"
"Yes," said Nancy, brokenly. It hurt most cruelly to renounce her Cause; and Lincoln, ever quick to detect suffering, spoke to Goddard in an undertone as Nancy walked to the window to regain some hold on her composure.
"Ah, Nancy," he said, as she returned; "I was not surprised to hear Symonds did not recognize your writing. He did not know you were ambidextrous." An exclamation escaped Nancy. "You forget you once showed Tad that you have that gift—so your right hand did not know what your left one wrote." Lincoln laughed gently; then rose. "I left my wife in the carriage and I must not keep her waiting too long, as we are going to Ford's Theater to see 'Our American Cousin.'
"Major Goddard, I expect you to report to me to-morrow that your wife," he glanced mischievously at Nancy, "has taken the 'iron-clad oath of allegiance'—to us both." Lincoln stepped to the door and beckoned to Superintendent Wood, who was waiting in the corridor, to enter. "Superintendent, this prisoner is to go free. Here is her pardon, signed, sealed and delivered," handing it to the officer. "Good-bye, Nancy;" as he looked at the weeping girl his face was a benediction. "God be with you until we meet again!"
Five hours later the Martyr President had joined the Great Majority. Abraham Lincoln! Man of the people! Sorrowing nations paid tribute at his bier.
THE END |
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