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Discovering Diverse Content Through
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 CHAPTER XXVIII.

THE TRIAL.

As the day of trial drew nigh, the anxiety and activity of Joseph's
friends increased, so that even the quiet atmosphere wherein he
lived was disturbed by it. He could not help knowing that they were
engaged in collecting evidence, but inasmuch as Philip always said,
"You can do nothing!" he forced himself to wait with such patience
as was possible. Rachel Miller, who had partly taken the hired man,
Dennis, into her confidence, hermetically sealed the house to the
gossip of the neighborhood; but her greatest triumph was in
concealing her alarm, as the days rolled by and the mystery was not
yet unravelled.
There was not much division of opinion in the neighborhood,
however. The growing discord between husband and wife had not
been generally remarked: they were looked upon as a loving and
satisfied couple. Joseph's integrity of character was acknowledged,
and, even had it been doubted, the people saw no motive for crime.
His action in demanding a legal investigation also operated favorably
upon public opinion.
The quiet and seclusion were beneficial to him. His mind became
calmer and clearer; he was able to survey the past without passion,
and to contemplate his own faults with a sense of wholesome
bitterness rather than pain. The approaching trial was not a pleasant
thing to anticipate, but the worst which he foresaw was the
probability of so much of his private life being laid bare to the world.
Here, again, his own words returned to condemn him. Had he not
said to Lucy, on the morning of that fatal day, "I am sick of masks!"
Had he not threatened to follow Julia with his own miserable story?
The system of checks which restrain impulse, and the whirl of
currents and counter-currents which govern a man's movement
through life, began to arrange themselves in his mind. True wisdom,
he now felt, lay in understanding these, and so employing them as
to reach individual liberty of action through law, and not outside of
it. He had been shallow and reckless, even in his good impulses; it
was now time to endure quietly for a season what their effect had
been.
The day previous to the trial Philip had a long consultation with
Mr. Pinkerton. He had been so far successful that the name and
whereabouts of the travelling agent had been discovered: the latter
had been summoned, but he could not possibly arrive before the
next day. Philip had also seen Mr. Blessing, who entered with great
readiness into his plans, promised his assistance in ascertaining the
truth of Madeline's suspicion, and would give his testimony as soon
as he could return from New York, whither he had gone to say
farewell to Mrs. Clementina Spelter, before her departure for Paris on
a bridal journey. These were the two principal witnesses for the
defence, and it was yet uncertain what kind of testimony they would
be able to give.
"We must finish the other witnesses," Mr. Pinkerton said, "(who, in
spite of all we can do, will strengthen the prosecution), by the time
you reach here. If Spenham gives us trouble, as I am inclined to
suspect, we cannot well spare you the first day, but I suppose it
cannot be helped."
"I will send a telegram to Blessing, in New York, to make sure,"
Philip answered. "Byle and Glanders answer for their agent, and I
can try him with the photograph on the way out. If that succeeds,
Blessing's failure will be of less consequence."
"If only they do not reach Linthicum in the mean time! I will
prolong the impanelling of the jury, and use every other liberty of
delay allowed me; yet I have to be cautious. This is Spenham's first
important case, and he is ambitious to make capital."
Mr. Spenham was the prosecuting attorney, who had just been
elected to his first term of service in that capacity. He had some
shrewdness as a criminal lawyer, and a great deal of experience of
the subterranean channels of party politics. This latter acquirement,
in fact, was the secret of his election, for he was known to be
coarse, unscrupulous, and offensive. Mr. Pinkerton was able to
foresee his probable line of attack, and was especially anxious, for
that reason, to introduce testimony which would shorten the trial.
When the hour came, and Joseph found that Philip was inevitably
absent, the strength he had summoned to his heart seemed to
waver for an instant. All his other friends were present, however:
Lucy Henderson and Madeline came with the Hopetons, and Elwood
Withers stood by his side so boldly and proudly that he soon
recovered his composure.
The court-room was crowded, not only by the idlers of the town,
but also many neighbors from the country. They were grave and
silent, and Joseph's appearance in the place allotted to the accused
seemed to impress them painfully. The preliminaries occupied some
time, and it was nearly noon before the first witness was called.
This was the physician. He stated, in a clear, business-like manner,
the condition in which he found Julia, his discovery of the poison,
and the unusual character of its operation, adding his opinion that
the latter was owing to a long-continued nervous tension,
culminating in hysterical excitement. Mr. Spenham questioned him
very closely as to Joseph's demeanor, and his expressions before and
after the death. The point of attack which he selected was Julia's
exclamation: "Joseph, I will try to be different, but I must live for
that!"
"These words," he said, "indicate a previous threat on the part of
the accused. His helpless victim—"
 Mr. Pinkerton protested against the epithet. But his antagonist
found numberless ways of seeming to take Joseph's guilt for
granted, and thus gradually to mould the pliant minds of a not very
intelligent jury. The physician was subjected to a rigid cross-
examination, in the course of which he was led to state that he,
himself, had first advised that the fact of the poisoning should not be
mentioned until after the funeral. The onus of the secrecy was thus
removed from Joseph, and this was a point gained.
The next witness was the servant-woman, who had been present
in the hall when Julia fell upon the landing of the staircase. She had
heard the words, "Go away! you have killed me!" spoken in a shrill,
excited voice. She had already guessed that something was wrong
between the two. Mr. Asten came home looking quite wild and
strange; he didn't seem to speak in his usual voice; he walked about
in a restless way, and then went into the garden. Miss Lucy followed
him, and then Mrs. Asten; but in a little while she came back, with
her dress torn and her arms scratched; she, the witness, noticed this
as Mrs. Asten passed through the hall, tottering as she went and
with her fists shut tight.
Then Mr. Asten went up stairs to her bed-room; heard them
speaking, but not the words; said to Sally, who was in the kitchen,
"It's a real tiff and no mistake," and Sally remarked, "They're not
used to each other yet, as they will be in a year or two."
The witness was with difficulty kept to a direct narrative. She had
told the tale so often that every particular had its fixed phrases of
description, and all the questioning on both sides called forth only
repetitions. Joseph listened with a calm, patient air; nothing had yet
occurred for which he was not prepared. The spectators, however,
began to be deeply interested, and a sharp observer might have
noticed that they were already taking sides.
Mr. Pinkerton soon detected that, although the woman's
statements told against Joseph, she possessed no friendly feeling for
Julia. He endeavored to make the most of this; but it was not much.
 When Lucy Henderson's name was called, there was a stir of
curiosity in the audience. They knew that the conference in the
garden, from which Julia had returned in such an excited condition,
must now be described. Mr. Spenham pricked up his red ears, ran
his hand through his stubby hair, and prepared himself for battle;
while Mr. Pinkerton, already in possession of all the facts, felt
concerned only regarding the manner in which Lucy might give
them. This was a case where so much depended on the impression
produced by the individual!
By the time Lucy was sworn she appeared to be entirely
composed; her face was slightly pale, but calm, and her voice
steady. Mrs. Hopeton and Madeline Held sat near her, and Elwood
Withers, leaning against a high railing, was nearly opposite.
There was profound silence as she began, and the interest
increased as she approached the time of Joseph's return. She
described his appearance, repeated the words she had heard,
reproduced the scene in her own chamber, and so came, step by
step, to the interview in the garden. The trying nature of her task
now became evident. She spoke slowly, and with longer pauses; but
whichever way she turned in her thought, the inexorable necessity of
the whole truth stared her in the face.
"Must I repeat everything?" she asked. "I am not sure of
recollecting the words precisely as they were spoken."
"You can certainly give the substance," said Mr. Spenham. "And be
careful that you omit nothing: you are on your oath, and you ought
to know what that means."
His words were loud and harsh. Lucy looked at the impassive face
of the judge, at Elwood's earnest features, at the attentive jurymen,
and went on.
When she came to Joseph's expression of the love that might
have been possible, she gave also his words: "Had there been, I
should have darkened the life of a friend."
 "Ha!" exclaimed Mr. Spenham, "we are coming upon the motive of
the murder."
Again Mr. Pinkerton protested, and was sustained by the court.
"Tell the jury," said Mr. Spenham, "whether there had been any
interchange of such expressions between you and the accused
previous to his marriage!"
This question was objected to, but the objection was overruled.
"None whatever!" was the answer.
Julia's sudden appearance, the accusation she made, and the
manner in which Joseph met it, seemed to turn the current of
sympathy the other way. Lucy's recollection of this scene was very
clear and complete: had she wished it, she could not have forgotten
a word or a look. In spite of Mr. Spenham's angry objections, she
was allowed to go on and relate the conversation between Joseph
and herself after Julia's return to the house. Mr. Pinkerton made the
best use of this portion of the evidence, and it seemed that his side
was strengthened, in spite of all unfavorable appearances.
"This is not all!" exclaimed the prosecuting attorney. "A married
man does not make a declaration of love—"
"Of a past possible love," Mr. Pinkerton interrupted.
"A very fine hair-splitting indeed! A 'possible' love and a 'possible'
return, followed by a 'possible' murder and a 'possible' remarriage!
Our duty is to remove possibilities and establish facts. The question
is, Was there no previous affection between the witness and the
accused? This is necessary to prove a motive. I ask, then, the
woman—I beg pardon, the lady—what were her sentiments towards
the husband of the poisoned before his marriage, at the time of the
conversation in the garden, and now?"
Lucy started, and could not answer. Mr. Pinkerton came to her aid.
He protested strongly against such a question, though he felt that
there was equal danger in answering it or leaving it unanswered. A
portion of the spectators, sympathizing with Lucy, felt indignant at
Mr. Spenham's demand; another portion, hungry for the most private
and intimate knowledge of all the parties concerned, eagerly hoped
that it would be acceded to.
Lucy half turned, so that she caught a glimpse of Joseph. He was
calm, but his eyes expressed a sympathetic trouble. Then she felt
her gaze drawn to Elwood, who had become a shade paler, and who
met her eyes with a deep, inscrutable expression. Was he thinking of
his recent words to her,—"If need comes to publish what I said to
you, don't keep back a single word!" She felt sure of it, for all that
he said was in her mind. Her decision was made: for truth's sake,
and under the eye of God, she would speak. Having so resolved, she
shut her mind to all else, for she needed the greatest strength of
either woman or man.
The judge had decided that she was not obliged to answer the
question. There was a murmur, here and there, among the
spectators.
"Then I will use my freedom of choice," said Lucy, in a firm voice,
"and answer it."
She kept her eyes on Elwood as she spoke, and compelled him to
face her. She seemed to forget judge, jury, and the curious public,
and to speak only to his ear.
"I am here to tell the whole truth, God helping me," she said. "I
do not know how what I am required to say can touch the question
of Joseph Asten's guilt or innocence; but I cannot pause to consider
that. It is not easy for a woman to lay bare her secret heart to the
world; I would like to think that every man who hears me has a
wife, a sister, or a beloved girl of his choice, and that he will try to
understand my heart through his knowledge of hers. I did cherish a
tenderness which might have been love—I cannot tell—for Joseph
Asten before his betrothal. I admit that his marriage was a grief to
me at the time, for, while I had not suffered myself to feel any hope,
I could not keep the feeling of disappointment out of my heart. It
was both my blame and shame: I wrestled with it, and with God's
help I overcame it."
There was a simple pathos in Lucy's voice, which pierced directly
to the hearts of her hearers. She stood before them as pure as
Godiva in her helpful nakedness. She saw on Elwood's cheek the
blush which did not visit hers, and the sparkle of an unconscious
tear. Joseph had hidden his face in his hands for a moment, but now
looked up with a sadness which no man there could misinterpret.
Lucy had paused, as if waiting to be questioned, but the effect of
her words had been so powerful and unexpected that Mr. Spenham
was not quite ready. She went on:—
"When I say that I overcame it, I think I have answered
everything. I went to him in the garden against my own wish,
because his wife begged me with tears and sobs to intercede for
her: I could not guess that he had ever thought of me otherwise
than as a friend. I attributed his expressions to his disappointment in
marriage, and pardoned him when he asked me to forget them—"
"O, no doubt!" Mr. Spenham interrupted, looking at the jury; "after
all we have heard, they could not have been very disagreeable!"
Elwood made a rapid step forward; then, recollecting himself,
resumed his position against the railing. Very few persons noticed
the movement.
"They were very unwelcome," Lucy replied: "under any other
circumstances, it would not have been easy to forgive them."
"And this former—'tenderness,' I think you called it," Mr. Spenham
persisted, "—do you mean to say that you feel nothing of it at
present?"
There was a murmur of indignation all over the room. If there is
anything utterly incomprehensible to a vulgar nature, it is the natural
delicacy of feeling towards women, which is rarely wanting even to
the roughest and most ignorant men. The prosecution had damaged
itself, and now the popular sympathy was wholly and strongly with
Lucy.
"I have already answered that question," she said. "For the holy
sake of truth, and of my own free-will, I have opened my heart. I did
it, believing that a woman's first affection is pure, and would be
respected; I did it, hoping that it might serve the cause of an
innocent man; but now, since it has brought upon me doubt and
insult, I shall avail myself of the liberty granted to me by the judge,
and speak no word more!"
The spectators broke into applause, which the judge did not
immediately check. Lucy's strength suddenly left her; she dropped
into her seat and burst into tears.
"I have no further question to ask the witness," said Mr. Pinkerton.
Mr. Spenham inwardly cursed himself for his blunder,—not for his
vulgarity, for of that he was sublimely unconscious,—and was only
too ready to be relieved from Lucy's presence.
She rose to leave the court, Mrs. Hopeton accompanying her; but
Elwood Withers was already at her side, and she leaned upon his
arm as they passed through the crowd. The people fell back to make
a way, and not a few whispered some honest word of
encouragement. Elwood breathed heavily, and the veins on his
forehead were swollen.
Not a word was spoken until they reached the hotel. Then Lucy,
taking Elwood's hand, said: "Thank you, true, dear friend! I can say
no more now. Go back, for Joseph's sake, and when the day is over
come here and tell me, if you can, that I have not injured him in
trying to help him."
When Elwood returned to the court-room, Rachel Miller was on
the witness stand. Her testimony confirmed the interpretation of
Julia's character which had been suggested by Lucy Henderson's.
The sweet, amiable, suffering wife began to recede into the
background, and the cold, false, selfish wife to take her place.
 All Mr. Spenham's cross-examination failed to give the prosecution
any support until he asked the question:—
"Have you discovered nothing whatever, since your return to the
house, which will throw any light upon Mrs. Asten's death?"
Mr. Pinkerton, Elwood, and Madeline all felt that the critical
moment had come. Philip's absence threatened to be a serious
misfortune.
"Yes," Rachel Miller answered.
"Ah!" exclaimed the prosecuting attorney, rubbing his hair; "what
was it?"
"The paper in which the arsenic was put up."
"Will you produce that paper?" he eagerly asked.
"I cannot now," said Rachel; "I gave it to Mr. Philip Held, so that
he might find out something more."
Joseph listened with a keen, undisguised interest. After the first
feeling of surprise that such an important event had been kept from
his knowledge, his confidence in Philip's judgment reassured him.
"Has Mr. Philip Held destroyed that paper?" Mr. Spenham asked.
"He retains it, and will produce it before this court to-morrow," Mr.
Pinkerton replied.
"Was there any mark, or label, upon it, which indicated the place
where the poison had been procured?"
"Yes," said Rachel Miller.
"State what it was."
"Ziba Linthicum's Drug store, No. 77 Main Street, Magnolia," she
replied, as if the label were before her eyes.
"Let Ziba Linthicum be summoned at once!" Mr. Spenham cried.
Mr. Pinkerton, however, arose and stated that the apothecary's
testimony required that of another person who was present when
the poison was purchased. This other person had been absent in a
distant part of the country, but had been summoned, and would
arrive, in company with Mr. Philip Held, on the following morning. He
begged that Mr. Linthicum's evidence might be postponed until then,
when he believed that the mystery attending the poisoning would be
wholly explained.
Mr. Spenham violently objected, but he again made the mistake of
speaking for nearly half an hour on the subject,—an indiscretion into
which he was led by his confirmed political habits. By the time the
question was decided, and in favor of the defence, the afternoon
was well advanced, and the court adjourned until the next day.
 CHAPTER XXIX.

NEW EVIDENCE.

Elwood accompanied Joseph to the prison where he was obliged

to spend the night, and was allowed to remain with him until Mr.
Pinkerton (who was endeavoring to reach Philip by telegraph) should
arrive.
Owing to Rachel Miller's forethought, the bare room was
sufficiently furnished. There was a clean bed, a chair or two, and a
table, upon which stood a basket of provisions.
"I suppose I must eat," said Joseph, "as a matter of duty. If you
will sit down and join me, Elwood, I will try."
"If I could have that fellow Spenham by the throat for a minute,"
Elwood growled, "it would give me a good appetite. But I will take
my share, as it is: I never can think rightly when I'm hungry. Why,
there is enough for a picnic! sandwiches, cold chicken, pickles,
cakes, cheese, and two bottles of coffee, as I live! Just think that
we're in a hotel, Joseph! It's all in one's notion, leastways for a
single night; for you can go where you like to-morrow!"
"I hope so," said Joseph, as he took his seat. Elwood set the
provisions before him, but he did not touch them. After a moment of
hesitation he stretched out his hand and laid it on Elwood's shoulder.
"Now, old boy!" Elwood cried: "I know it. What you mean is
unnecessary, and I won't have it!"
"Let me speak!"
 "I don't see why I should, Joseph. It's no more than I guessed.
She didn't love me: you were tolerably near together once, and if
you should now come nearer—"
But he could not finish the sentence; the words stuck in his throat.
"Great Heaven!" Joseph exclaimed, starting to his feet; "what are
you thinking of? Don't you see that Lucy Henderson and I are parted
forever by what has happened to-day? Didn't you hear her say that
she overcame the tenderness which might have become love, as I
overcame mine for her? Neither of us can recall that first feeling, any
more than we can set our lives again in the past. I shall worship her
as one of the purest and noblest souls that breathe; but love her?
make her my wife? It could never, never be! No, Elwood! I was
wondering whether you could pardon me the rashness which has
exposed her to to-day's trial."
Elwood began to laugh strangely. "You are foolish, Joseph," he
said. "Pshaw! I can't hold my knife. These sudden downs and then
ups are too much for a fellow! Pardon you? Yes, on one condition—
that you empty your plate before you speak another word to me!"
They were both cheerful after this, and the narrow little room
seemed freer and brighter to their eyes. It was late before Mr.
Pinkerton arrived: he had waited in vain for an answer from Philip.
Elwood's presence was a relief to him, for he did not wish to excite
Joseph by a statement of what he expected to prove unless the two
witnesses had been really secured. He adroitly managed, however,
to say very little while seeming to say a great deal, and Joseph was
then left to such rest as his busy memory might allow him.
Next morning there was an even greater crowd in the court-room.
All Joseph's friends were there, with the exception of Lucy
Henderson, who, by Mr. Pinkerton's advice, remained at the hotel.
Philip had not arrived, but had sent a message saying that all was
well, and he would come in the morning train.
Mr. Spenham, the evening before, had ascertained the nature of
Mr. Linthicum's evidence. The apothecary, however, was only able to
inform him of Philip's desire to discover the travelling agent, without
knowing his purpose. In the name recorded as that of the purchaser
of the poison Mr. Spenham saw a weapon which would enable him
to repay Lucy for his discomfiture, and to indicate, if not prove, a
complicity of crime, in which Philip Held also, he suspected, might be
concerned.
The court opened at nine o'clock, and Philip could not be on hand
before ten. Mr. Pinkerton endeavored to procure the examination of
Dennis, and another subordinate witness, before the apothecary; but
he only succeeded in gaining fifteen minutes' time by the discussion.
Mr. Ziba Linthicum was then called and sworn. He carried a volume
under his arm.
As Philip possessed the label, Mr. Linthicum could only testify to
the fact that a veiled lady had purchased so many grains of arsenic
of him on a certain day; that he kept a record of all sales of
dangerous drugs; and that the lady's name was recorded in the book
which he had brought with him. He then read the entry:—
"Miss Henderson. Arsenic."
Although Mr. Pinkerton had whispered to Joseph, "Do not be
startled when he reads the name!" it was all the latter could do to
suppress an exclamation. There was a murmur and movement
through the whole court.
"We have now both the motive and the co-agent of the crime,"
said Mr. Spenham, rising triumphantly. "After the evidence which was
elicited yesterday, it will not be difficult to connect the two. If the
case deepens in enormity as it advances, we may be shocked, but
we have no reason to be surprised. The growth of free-love
sentiments, among those who tear themselves loose from the
guidance of religious influences, naturally leads to crime; and the
extent to which this evil has been secretly developed is not
suspected by the public. Testimony can be adduced to show that the
accused, Joseph Asten, has openly expressed his infidelity; that he
repelled with threats and defiance a worthy minister of the Gospel,
whom his own pious murdered wife had commissioned to lead him
into the true path. The very expression which the woman Lucy
Henderson testified to his having used in the garden,—'I am sick of
masks,'—what does it mean? What but unrestrained freedom of the
passions,—the very foundation upon which the free-lovers build up
their pernicious theories? The accused cannot complain if the law
lifts the mask from his countenance, and shows his nature in all its
hideous deformity. But another mask, also, must be raised: I
demand the arrest of the woman Lucy Henderson!"
Mr. Pinkerton sprang to his feet. In a measured, solemn voice,
which contrasted strongly with the loud, sharp tones of the
prosecuting attorney, he stated that Mr. Linthicum's evidence was
already known to him; that it required an explanation which would
now be given in a few minutes, and which would completely
exonerate Miss Henderson from the suspicion of having purchased
the poison, or even having any knowledge of its purchase. He
demanded that no conclusion should be drawn from evidence which
would mislead the minds of the jury: he charged the prosecuting
attorney with most unjustly assailing the characters of both Joseph
Asten and Lucy Henderson, and invoked, in the name of impartial
justice, the protection of the court.
He spoke both eloquently and earnestly; but the spectators
noticed that he looked at his watch from minute to minute. Mr.
Spenham interrupted him, but he continued to repeat his
statements, until there came a sudden movement in the crowd, near
the outer door of the hall. Then he sat down.
Philip led the way, pressing the crowd to right and left in his
eagerness. He was followed by a tall young man, with a dark
moustache and an abundance of jewelry, while Mr. Benjamin
Blessing, flushed and perspiring, brought up the rear. The spectators
were almost breathless in their hushed, excited interest.
Philip seized Joseph's hand, and, bending nearer, whispered, "You
are free!" His eyes sparkled and his face glowed.
 Room was made for the three witnesses, and after a brief
whispered consultation between Philip and Mr. Pinkerton, Elwood
was despatched to bring Lucy Henderson to the court.
"May it please the Court," said Mr. Pinkerton, "I am now able to
fulfil that promise which I this moment made. The evidence which
was necessary to set forth the manner of Mrs. Asten's death, and
which will release the court from any further consideration of the
present case, is in my hands. I therefore ask leave to introduce this
evidence without any further delay."
After a little discussion the permission was granted, and Philip
Held was placed upon the stand.
He first described Joseph's genuine sorrow at his wife's death, and
his self-accusation of having hastened it by his harsh words to her in
the morning. He related the interview at which Joseph, on learning
of the reports concerning him, had immediately decided to ask for a
legal investigation, and in a simple, straightforward way, narrated all
that had been done up to the time of consulting Ziba Linthicum's
poison record.
"As I knew it to be quite impossible that Miss Lucy Henderson
could have been the purchaser," he began—
Mr. Spenham instantly objected, and the expression was ruled out
by the Court.
"Then," Philip resumed, "I determined to ascertain who had
purchased the arsenic. Mr. Linthicum's description of the lady was
too vague to be recognized. It was necessary to identify the
travelling agent who was present; for this purpose I went to the city,
ascertained the names and addresses of all the travelling agents of
all the wholesale drug firms, and after much time and
correspondence discovered the man,—Mr. Case, who is here present.
He was in Persepolis, Iowa, when the summons reached him, and
would have been here yesterday but for an accident on the Erie
Railway.
 "In the mean time I had received the small fragment of another
label, and by the clew which the few letters gave me I finally
identified the place as the drug-store of Wallis and Erkers, at the
corner of Fifth and Persimmon Streets. There was nothing left by
which the nature of the drug could be ascertained, and therefore
this movement led to nothing which could be offered as evidence in
this court,—that is, by the druggists themselves, and they have not
been summoned. It happened, however, by a coincidence which only
came to light this morning, that—"
Here Philip was again interrupted. His further testimony was of
less consequence. He was sharply cross-examined by Mr. Spenham
as to his relations with Joseph, and his object in devoting so much
time to procuring evidence for the defence; but he took occasion, in
replying, to express his appreciation of Joseph's character so
emphatically, that the prosecution lost rather than gained. Then the
plan of attack was changed. He was asked whether he believed in
the Bible, in future rewards and punishments, in the views of the so-
called free-lovers, in facile divorce and polygamy. He was too
shrewd, however, to lay himself open to the least misrepresentation,
and the moral and mental torture which our jurisprudence has
substituted for the rack, thumb-screws, and Spanish boots of the
Middle Ages finally came to an end.
Then the tall young man, conscious of his own elegance, took his
place. He gave his name and occupation as Augustus Fitzwilliam
Case, commercial traveller for the house of Byle and Glanders,
wholesale druggists.
"State whether you were in the drug-store of Ziba Linthicum, No.
77 Main Street, in this town, on the day of the entry in Mr.
Linthicum's book."
"I was."
"Did you notice the person who called for arsenic?"
"I did."
"What led you specially to notice her?"
 "It is my habit," said the witness. "I am impressible to beauty, and
I saw at once that the lady had what I call—style. I recollect
thinking, 'More style than could be expected in these little places.'"
"Keep your thoughts to yourself!" cried Mr. Spenham.
"Describe the lady as correctly as you can," said Mr. Pinkerton.
"Something under the medium size; a little thin, but not bad lines,
—what I should call jimp, natty, or 'lissome,' in the Scotch dialect. A
well-trained voice; no uncertainty about it,—altogether about as
keen and wide-awake a woman as you'll find in a day's travel."
"You guessed all this from her figure?" Mr. Spenham asked, with a
sneer.
"Not entirely. I saw her face. I suppose something in my
appearance or attitude attracted her attention. While Mr. Linthicum
was weighing the arsenic she leaned over the counter, let her veil fall
forward slightly, and gave me a quick side-look. I bent a little at the
same time, as if to examine the soaps, and saw her face in a three-
quarter position, as the photographers say."
"Can you remember her features distinctly?"
"Quite so. In fact, it is difficult for me to forget a female face. Hers
was just verging on the sharp, but still tolerably handsome. Hair
quite dark, and worn in ringlets; eyebrows clean and straight; mouth
a little too thin for my fancy; and eyes—well, I couldn't undertake to
say exactly what color they were, for she seemed to have the trick—
very common in the city—of letting the lids droop over them."
"Were you able to judge of her age?"
"Tolerably, I should say. There is a certain air of preservation
which enables a practised eye to distinguish an old girl from a young
one. She was certainly not to be called young,—somewhere between
twenty-eight and thirty-five."
"You heard the name she gave Mr. Linthicum?"
 "Distinctly. Mr. Linthicum politely stated that it was his custom to
register the names of all those to whom he furnished either poisons
or prescriptions requiring care in being administered. She said, 'You
are very particular, sir;' and, a moment afterward, 'Pardon me,
perhaps it is necessary.'—'What name, then?' he asked. I thought
she hesitated a moment, but this I will not say positively; whether or
not, the answer was, 'Miss Henderson.' She went out of the store
with a light, brisk step."
"You are sure you would be able to recognize the lady?" Mr.
Pinkerton asked.
"Quite sure." And Mr. Augustus Fitzwilliam Case smiled
patronizingly, as if the question were superfluous.
Mr. Pinkerton made a sign to Lucy, and she arose.
"Look upon this lady!" he said to the witness.
The latter made a slight, graceful inclination of his head, as much
as to say, "Pardon me, I am compelled to stare." Lucy quietly
endured his gaze.
"Consider her well," said the lawyer, "and then tell the jury
whether she is the person."
"No considerment is necessary. This lady has not the slightest
resemblance to Miss Henderson. She is younger, taller, and modelled
upon a wholly different style."
"Will you now look at this photograph?"
"Ah!" the witness exclaimed; "you can yourself judge of the
correctness of my memory! Here is Miss Henderson herself, and in
three-quarter face, as I saw her!"
"That," said Mr. Pinkerton, addressing the judge and jury, "that is
the photograph of Mrs. Julia Asten."
The spectators were astounded, and Mr. Spenham taken
completely aback by this revelation. Joseph and Elwood both felt
that a great weight had been lifted from their hearts. The testimony
established Julia's falsehood at the same time, and there was such
an instant and complete revulsion of opinion that many persons
present at once suspected her of a design to poison Joseph.
"Before calling upon Mr. Benjamin Blessing, the father of the late
Mrs. Asten, for his testimony," said Mr. Pinkerton,—"and I believe he
will be the last witness necessary,—I wish to show that, although
Miss Lucy Henderson accompanied Mrs. Asten to Magnolia, she
could not have visited Mr. Linthicum's Drug store at the time
indicated; nor, indeed, at any time during that day. She made several
calls upon friends, each of whom is now in attendance, and their
joint evidence will account for every minute of her stay in the place.
The base attempt to blacken her fair name imperatively imposes this
duty upon me."
No objection was made, and the witnesses were briefly examined
in succession. Their testimony was complete.
"One mystery still remains to be cleared up," the lawyer
continued; "the purpose of Mrs. Asten in purchasing the poison, and
the probable explanation of her death. I say 'probable,' because
absolute certainty is impossible. But I will not anticipate the
evidence. Mr. Benjamin Blessing, step forward, if you please!"
 CHAPTER XXX.

MR. BLESSING'S TESTIMONY.

On entering the court-room Mr. Blessing had gone to Joseph,

given his hand a long, significant grasp, and looked in his face with
an expression of triumph, almost of exultation. The action was not
lost upon the spectators or the jury, and even Joseph felt that it was
intended to express the strongest faith in his innocence.
When the name was called there was a movement in the crowd,
and a temporary crush in some quarters, as the people thrust
forward their heads to see and listen. Mr. Blessing, bland, dignified,
serene, feeling that he was the central point of interest, waited until
quiet had been restored, slightly turning his head to either side, as if
to summon special attention to what he should say.
After being sworn, and stating his name, he thus described his
occupation:—
"I hold a position under government; nominally, it is a Deputy
Inspectorship in the Custom-House, yet it possesses a confidential—I
might say, if modesty did not prevent, an advisory—character."
"In other words, a Ward Politician!" said Mr. Spenham.
"I must ask the prosecuting attorney," Mr. Blessing blandly
suggested, "not to define my place according to his own political
experiences."
There was a general smile at these words; and a very audible
chuckle from spectators belonging to the opposite party.
 "You are the father of the late Mrs. Julia Asten?"
"I am—her unhappy father, whom nothing but the imperious
commands of justice, and the knowledge of her husband's innocence
of the crime with which he stands charged, could have compelled to
appear here, and reveal the painful secrets of a family, which—"
Here Mr. Spenham interrupted him.
"I merely wish to observe," Mr. Blessing continued, with a stately
wave of his hand towards the judge and jury, "that the De Belsains
and their descendants may have been frequently unfortunate, but
were never dishonorable. I act in their spirit when I hold duty to the
innocent living higher than consideration for the unfortunate dead."
Here he drew forth a handkerchief, and held it for a moment to his
eyes.
"Did you know of any domestic discords between your daughter
and her husband?"
"I foresaw that such might be, and took occasion to warn my
daughter, on her wedding-day, not to be too sure of her influence.
There was too much disparity of age, character, and experience. It
could not be called crabbed age and rosy youth, but there was
difference enough to justify Shakespeare's doubts. I am aware that
the court requires ocular—or auricular—evidence. The only such I
have to offer is my son-in-law's own account of the discord which
preceded my daughter's death."
"Did this discord sufficiently explain to you the cause and manner
of her death?"
"My daughter's nature—I do not mean to digress, but am
accustomed to state my views clearly—my daughter's nature was
impulsive. She inherited my own intellect, but modified by the
peculiar character of the feminine nervous system. Hence she might
succumb to a depression which I should resist. She appeared to be
sure of her control over my son-in-law's nature, and of success in an
enterprise, in which—I regret to say—my son-in-law lost confidence.
I assumed, at the time, that her usually capable mind was
unbalanced by the double disappointment, and that she had rushed,
unaneled, to her last account. This, I say, was the conclusion forced
upon me; yet I cannot admit that it was satisfactory. It seemed to
disparage my daughter's intellectual power: it was not the act which
I should have anticipated in any possible emergency."
"Had you no suspicion that her husband might have been
instrumental?" Mr. Spenham asked.
"He? he is simply incapable of that, or any crime!"
"We don't want assertions," said Mr. Spenham, sternly.
"I beg pardon of the court," remarked Mr. Blessing; "it was a
spontaneous expression. The touch of nature cannot always be
avoided."
"Go on, sir!"
"I need not describe the shock and sorrow following my
daughter's death," Mr. Blessing continued, again applying his
handkerchief. "In order to dissipate it, I obtained a leave of absence
from my post,—the exigencies of the government fortunately
admitting of it,—and made a journey to the Oil Regions, in the
interest of myself and my son-in-law. While there I received a letter
from Mr. Philip Held, the contents of which—"
"Will you produce the letter?" Mr. Spenham exclaimed.
"It can be produced, if necessary. I will state nothing further, since
I perceive that this would not be admissible evidence. It is enough
to say that I returned to the city without delay, in order to meet Mr.
Philip Held. The requirements of justice were more potent with me
than the suggestions of personal interest. Mr. Held had already, as
you will have noticed from his testimony, identified the fragment of
paper as having emanated from the drug-store of Wallis and Erkers,
corner of Fifth and Persimmon Streets. I accompanied him to that
drug-store, heard the statements of the proprietors, in answer to Mr.
Held's questions,—statements which, I confess, surprised me
immeasurably (but I could not reject the natural deductions to be
drawn from them), and was compelled, although it overwhelmed me
with a sense of unmerited shame, to acknowledge that there was
plausibility in Mr. Held's conjectures. Since they pointed to my elder
daughter, Clementina, now Mrs. Spelter, and at this moment tossing
upon the ocean-wave, I saw that Mr. Held might possess a
discernment superior to my own. But for a lamentable cataclysm, he
might have been my son-in-law, and I need not say that I prefer
that refinement of character which comes of good blood to the
possession of millions—"
Here Mr. Blessing was again interrupted, and ordered to confine
himself to the simple statement of the necessary facts.
"I acknowledge the justice of the rebuke," he said. "But the
sentiment of the mens conscia recti will sometimes obtrude through
the rigid formula of Themis. In short, Mr. Philip Held's
representations—"
"State those representations at once, and be done with them!" Mr.
Spenham cried.
"I am coming to them presently. The Honorable Court
understands, I am convinced, that a coherent narrative, although
moderately prolix, is preferable to a disjointed narrative, even if the
latter were terse as Tacitus. Mr. Held's representations, I repeat,
satisfied me that an interview with my daughter Clementina was
imperative. There was no time to be lost, for the passage of the
nuptial pair had already been taken in the Ville de Paris. I started at
once, sending a telegram in advance, and in the same evening
arrived at their palatial residence in Fifth Avenue. Clementina's
nature, I must explain to the Honorable Court, is very different from
that of her sister,—the reappearance, I suspect, of some lateral
strain of blood. She is reticent, undemonstrative,—in short,
frequently inscrutable. I suspected that a direct question might
defeat my object; therefore, when I was alone with her the next
morning,—my son-in-law, Mr. Spelter, being called to a meeting of
Erie of which he is one of the directors,—I said to her: 'My child, you
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