Chapter 21

THE TRIAL

On the morning of the tenth, Senator Warren had difficulty in reaching the office building on Fourteenth Street, where Nancy's trial was to be held. The official news of Lee's surrender had just been received at the Capitol, and the streets were jammed with excited, cheering crowds. Despite the drizzling rain, groups of citizens paraded, singing "Old Hundred" with more fervor than harmony, and military bands added their din to the confusion. As far as the eye could see, flags and gay bunting waved from every public building and residence.

As Warren pushed his way through a crowd of negroes, who were almost delirious with joy, he heard the boom of the distant guns in the fortifications about Washington firing the two hundred salutes ordered by Secretary Stanton. On entering the long room assigned for the use of the court, he found the members of the military commission had assembled. Warren already knew Colonel Andrews, who, by the seniority of his rank, was the president of the commission, and they exchanged a few words of greeting. The colonel beckoned to a tall, bearded officer standing by the door to approach.

"Senator Warren, let me introduce Captain Foster, the judge advocate."

The two men examined each other covertly and with keen interest; they both realized the gravity of the struggle before them--a young girl's life hung in the balance--as they gravely shook hands.

"If you are ready, Mr. Senator, we will call the court to order, as we are already very late, having been detained by the celebration of Lee's surrender," said Foster courteously. "The necessary witnesses are in the next room, and the sergeant tells me the prisoner is downstairs under guard."

At that moment a young man came into the room, and, seeing Warren, strode over to him.

"Good morning, Dwight," said the senator. "Colonel Andrews--Captain Foster--this is my colleague, Mr. Dwight, a member of the Washington Bar, who will assist me in my defence of Miss Newton. I am quite ready to commence at once, Captain Foster."

In the meantime the seats provided for the spectators in the back of the room were being rapidly filled. Both Miss Metoaca and Nancy were very popular in Washington society, and all their friends and relatives who could procure cards of admission from the authorities had arrived early so as not to miss any of the proceedings.

A long table with writing materials on it had been provided for the use of the members of the court, and a smaller one for Nancy and her counsel was placed near it. Facing the two tables was a chair for the witnesses, and beyond that another small table for the use of the reporters.

The officers, who wore their full-dress uniforms and side arms, were soon seated about the table, with the presiding officer, Colonel Andrews, at the head, and the judge advocate, Captain Foster, in undress uniform, facing him at the foot. At a signal from the judge advocate, one of the orderlies in attendance stepped to the door and spoke to the sentry.

In a few minutes, Nancy was ushered into the room by the provost sergeant of the guard. Warren rose instantly, and escorted her to her seat, and his eyes flashed in admiration of her poise and beauty.

Tranquilly and with dignity, she returned the salutes of the officers; if she had been receiving them in her own drawing-room, her manner could not have been more composed.

Mrs. Warren, who sat between Mrs. Arnold and Mrs. Bennett, noticed with pitying heart the deep shadows under Nancy's eyes and the hollows in her white cheeks. She bent forward, and impulsively kissed her hand to Nancy when the latter looked wistfully at her, and was promptly rebuked by the presiding officer. Nancy had hoped that her aunt would be present, but Warren had decided to call Miss Metoaca as one of the witnesses for the defence, and therefore she could not attend the hearings.

The judge advocate rapped for order; then rose and signed to Nancy to do likewise as he read from a paper in his hand:

"Special Orders } War Department, No. 576 } Office of the Adjutant-General, } April 8th, 1865.

"4 ... A Military Commission is appointed to meet in the City of Washington, District of Columbia, at nine o'clock on Monday, April 10th, 1865, for the trial of Miss Nancy Newton.

"Detail for the Commission

"Colonel Andrews U.S. Volunteers Major Charles Lane U.S. Veterans Reserve Corps Captain John Taylor 1st Squadron Provisional Cavalry Lieutenant Joseph Clarke 1st Mass. Heavy Artillery Lieutenant Henry Wells 1st N.H. Heavy Artillery Lieutenant Harvey Slocum 3rd Mass. Heavy Artillery Lieutenant James Phillipse 2nd District Volunteer Cavalry Captain George Foster --th U.S. Infantry, Judge Advocate and Recorder.

"A greater number of officers cannot be assembled without manifest injury to the service at this time.

"By command of the President.

"E. D. TOWNSEND, _Assistant Adjutant-General._"

"Prisoner," the judge advocate turned and faced her directly, "do you object to being tried by any member of this commission?"

"No, sir," answered Nancy calmly.

The officers all rose and stood, while the judge advocate went through the long ceremony of swearing in the court and then the reporter. Colonel Andrews in turn administered the oath to the judge advocate. After the officers had resumed their seats there was a slight pause while the judge advocate searched among his papers. Finding what he wanted, he again faced Nancy, who had remained standing, and read in a voice that was clearly heard through the room:

"Charges and specifications against the prisoner, Miss Nancy Newton.

"Charge 1st.--Violation of the 82nd Article of War:

"Specification.--In this that the said Nancy Newton on or about the 23rd day of February, 1865, was found acting as a rebel spy in or near Winchester, Va., the Headquarters of the U.S. Middle Military Division, Major-General Sheridan commanding.

"GEORGE LLOYD, _Captain, U.S. Secret Service, Officer Preferring Charges._

"Charge 2nd.--Murder in violation of the 58th Article of War:

"Specification.--In that the said Nancy Newton, being in fear of arrest within our lines as a spy by order of the said Captain Lloyd, who had secured proof of her guilt, did, feloniously and with malice aforethought, kill the said Captain Lloyd on Monday, the 6th day of March, 1865."

"Prisoner, what say you to these charges and specifications?"

"Not guilty, sir," Nancy answered, without a tremor, and she reseated herself by Warren's side.

Symonds was the first witness called. After he had been duly sworn, the judge advocate began his direct examination.

"Your name and occupation?"

"John Symonds, serving as United States Secret Service agent under Colonel Lafayette C. Baker."

"How long have you been in that service?"

"I have been with Colonel Baker ever since the Bureau was first established."

"Do you recognize the accused?"

"I do, sir." Symonds glanced hastily at Nancy, then averted his eyes.

"State under what circumstances you have known her?"

"Captain Lloyd, my superior officer, had reason to believe that Miss Newton was a rebel spy, and I was detailed to watch her movements."

"Do you know what first led Captain Lloyd to suspect the accused?"

"Yes, sir. On the twenty-seventh of December, 1864, I accompanied the captain to Poolesville. While on our way there we met a Federal cavalryman riding toward Washington, who said he carried despatches to Adjutant General Thomas. When Captain Lloyd demanded to see the despatch, the supposed trooper managed to make his escape, after first knocking the captain senseless from his horse. As he dashed up the road, his horse swerved toward the woods skirting the road, and a low-hanging branch knocked his hat off, and I discovered the rider was a woman."

A low murmur of surprise from the spectators interrupted Symonds, and the president rapped on the table with his sword hilt. "Those present must be silent," he announced, "or the room will be cleared."

"What led you to think the rider was a woman in disguise?" asked the judge advocate, after silence had been restored.

"By the long hair which fell down her back below her waist."

"You say she escaped. How did that happen?"

"Her horse was fresh, mine lame, and the captain's worn out. It was impossible for me to overtake her. I soon gave up the chase discouraged, and returned to Captain Lloyd, whom I found lying senseless where he had fallen. I rode to Poolesville, procured a horse and wagon, and brought Captain Lloyd back to this city. But before doing so I picked up the spy's hat, and on examining it found a number of hairs sticking to the inside. They were of a peculiar color." He glanced significantly at Nancy. "Captain Lloyd and I both agreed that they exactly matched Miss Newton's hair."

"Produce the hairs," ordered the judge advocate.

"I can't, sir," reluctantly. "I gave them to Captain Lloyd, and I don't know what he did with them."

The judge advocate, who had entered all questions and answers in the book before him, paused and gazed blankly at Symonds for a moment; then resumed his examination.

"When did you last see Captain Lloyd?"

"On the afternoon of Monday, the sixth of last March. He had just returned from Winchester."

"Did he speak of the accused?"

"He did, sir."

"In what way?"

"He told me," Symonds cleared his throat, and spoke impressively, "that he had absolute proof that Miss Newton was a rebel spy."

"Did he make that statement in the privacy of his room, or in the public hall?"

"In the hall, sir."

"In a voice that could be overheard?"

"Yes, sir."

"Did Captain Lloyd state what that proof was while you were in the hall?"

"No, sir; but he _did_ tap his chest and said he had it there."

"Did you see anyone in the hall?"

"No, sir; the hall where we stood was empty except for the captain and myself."

"In your opinion, did Captain Lloyd speak loudly enough to be overheard by persons on the floors above or below where you were standing?"

Warren started to his feet. "I object to that question."

"Objection not sustained," ruled the president. "The question is relevant. Continue, Mr. Judge Advocate."

"Answer my last question, Symonds," directed the judge advocate.

"In my opinion, he could easily have been overheard," declared Symonds positively.

"When Captain Lloyd told you in the hall that he had absolute proof that the accused was a rebel spy, did he mention her by name?"

"No, sir."

"Did he speak of this spy in such a way that _anyone_ would know to whom he alluded."

Symonds reflected for a moment. "No, sir; he did not," he answered finally.

"Did you go with Captain Lloyd into his sitting room?"

"Yes, sir."

"State to the court what occurred then."

"Captain Lloyd showed me a despatch which he had taken from the dead body of a rebel officer, Major George Pegram. The captain declared this despatch was given to Pegram by the accused; that she understood the Morse code, and had taken the message verbatim from the wire, having been in the telegraph office at the time it was received."

"Have you that despatch, Symonds?"

"No, sir. I handed it back to Captain Lloyd."

"What did he do with it?"

"He replaced it in his wallet, and put that in the inside pocket of his coat."

"Can you recollect the words of the despatch?"

"No, sir; I cannot. It was in cipher, and the words made no sense that I could understand; secondly, I only saw it for a second."

"Would you recognize the handwriting if you saw it again?"

"I think I would, sir," but Symonds looked dubious.

The judge advocate picked up several sheets of paper, apparently torn from a notebook, and handed them to the Secret Service agent.

"Did the writing of the despatch resemble any of these specimens of the prisoner's handwriting?" he asked.

Symonds studied the papers intently; then shook his head. "No, sir."

Mrs. Bennett, who had bent forward, the better to hear Symonds' answer, sank slowly back in her chair. The judge advocate's manifest surprise was reflected in her face. She paid no attention to his next question; her busy brain was occupied in planning to get instant word to Colonel Baker that, in her opinion, Symonds was deliberately lying to shield Nancy.

"State to the court as briefly as possible what occurred after you returned the despatch to Captain Lloyd," ordered the judge advocate.

"The captain told me to report to Colonel Baker that he possessed new evidence, which would hang Miss Newton. He said I was to explain to Colonel Baker that he had been five days in the saddle and was exhausted from lack of sleep, and that he was obliged to rest that afternoon, as he could not keep awake any longer, or words to that effect."

"One moment," interrupted the judge advocate. "Did all this conversation take place in Captain Lloyd's room, and was the hall door closed?"

Symonds considered a second before replying. "The door was closed during our interview in the room," he said thoughtfully, "but I distinctly recollect he told me, _after_ I had stepped into the hall, that he was going to lie down and that I was to be sure and send for him when the accused was arrested because he 'would sleep like the dead.'"

Nancy stole an anxious glance at Warren's impassive face, for the effect of Symonds' testimony on the court was only too apparent; but the senator was staring steadily at the witness and paid no attention to his client. She sank back in her chair with a deep sigh.

"Do you think these last remarks of Captain Lloyd could have been overheard?"

"Yes, sir. The captain did not trouble to lower his voice."

"Did you obey the captain's orders, Symonds?"

"I did, sir. I met Colonel Baker on his return from Baltimore. After consulting with the Secretary of War, he sent me to tell Captain Lloyd to join him at the War Department."

"Describe what took place when you reached Captain Lloyd's room that night," directed the judge advocate; and Symonds gave a dramatic account of the discovery of Lloyd's dead body and Goddard's unconscious form. When he had finished, the judge advocate continued his questions.

"Were any chairs or tables overturned in the room, as if there had been a fight?"

"No, sir; not one."

"You say Captain Lloyd was apparently sleeping naturally in bed. Explain your meaning a little more clearly."

"Why, sir, he was lying there on his side covered by a bed quilt. Anyone would have thought, as I did, that he was still asleep."

"Did you send for a doctor?"

"I did, sir. Doctor Ward arrived a few moments before the provost marshal."

"Did you search for the important despatch?"

"I did, sir; but without finding a trace of either the pocketbook or the despatch."

"Where did you find the coat Captain Lloyd had worn that afternoon?"

"Hanging on the back of the chair by his bed."

"What did you do when the provost marshal arrived?"

"I turned the rooms over to him, left Doctor Ward in charge of Major Goddard, and hastened to the War Department to report to the Secretary of War."

The judge advocate walked over and conferred with Colonel Andrews; then turned back and addressed Warren courteously.

"I have finished, Mr. Senator. Do you wish to cross-examine the witness?"

Warren nodded in the affirmative, glanced over his notes, then handed a slip of paper to the judge advocate, who read the question aloud as he pasted it in the book in front of him.

"What proof have you, beyond Captain Lloyd's word, that he _took_ that despatch from the dead confederate, Major Pegram?"

"None, sir," exclaimed Symonds, much astonished.

"Would you question a dead man's word, Mr. Senator?" inquired the judge advocate sharply.

"I would, sir," declared Warren firmly. He rose and faced Colonel Andrews. "I respectfully submit to this court that I seriously object to the introduction of hearsay evidence."

"And I contend, sir," exclaimed the judge advocate, "that Symonds' testimony is direct evidence. He saw the despatch in Captain Lloyd's hand."

"You are right there, sir," said Warren courteously. "But Symonds _did not see_ Captain Lloyd take that despatch from the dead body of the Confederate. He believes that that paper was taken from Major Pegram only because Captain Lloyd _told him so_--and _that_, sir, is hearsay evidence. And I demand in justice to my client, whose life hangs in the balance, that hearsay evidence be not accepted in this trial."

Major Lane hastily scribbled a few lines, and handed the paper to the judge advocate, who immediately read the question aloud:

"What induces you to think, Mr. Senator, that Captain Lloyd, a man of integrity and standing, would manufacture evidence against the accused?"

"Because of his known animosity toward her," was the prompt reply, "in proof of which I have direct evidence to offer to this court."

The judge advocate, however, stuck to his argument, and a quick war of words followed, during which Colonel Andrews bent forward and consulted Major Lane in an undertone; then came the brief order: "Clear the court." Warren and the judge advocate ushered Nancy into a small vacant room, while the spectators were bundled unceremoniously into the hall.

The fresh air in the hall was a relief after the stuffy atmosphere of the courtroom. Mrs. Warren and her two friends pushed their way to the end window, opened it, and leaned out, the better to cool their flushed faces.

"I fear, I greatly fear, Nancy is very deeply involved in this mysterious tragedy," murmured Mrs. Bennett, so that she would not be overheard by others in the crowd.

"It looks that way," agreed Mrs. Warren sadly. "Still, I firmly believe in her innocence. If the court refuses hearsay evidence, they cannot then prove that Nancy had a motive for killing Captain Lloyd."

"My husband declares that a military court is the fairest and most impartial tribunal in the world," pursued Mrs. Bennett. "Hark! What is that music?" A band, preceding its regiment, had wheeled into Fourteenth Street, some blocks below, and was marching toward them. The strains of music, at first faint, grew louder in volume. "It is--yes--it _is_ 'Dixie'!"

"It's the first time in four years that that tune has been heard in the nation's capital," declared Mrs. Warren excitedly.

"President Lincoln has just said we captured it along with Richmond, and that 'Dixie' is national to-day," laughed a staff officer, who had just entered the building. "Is the hearing over for this afternoon, ladies?"

"I wish it was," sighed Mrs. Arnold. "We dine at four, and...."

Her words were interrupted by the opening of the folding doors. The closed session was over. Nancy, accompanied by the judge advocate and her counsel, preceded the crowd back into the courtroom.

"The court in this instance, when so grave an issue is at stake, has decided not to accept hearsay evidence," announced the presiding officer, as soon as all noise in the room had ceased.

Warren drew a long breath of relief. "Then I demand that Symonds' testimony relating to the despatch be stricken from the records."

"Not so fast, Mr. Senator," sternly admonished the colonel. "It is possible to get direct evidence in regard to Captain Lloyd's capture of that despatch. You forget, sir, that he was accompanied by Belden, one of Colonel Young's scouts. Mr. Judge Advocate, you are directed by the court to telegraph to General Sheridan's headquarters, requesting that the said Belden be detached and sent back to Washington to testify before this court; or, if that is not possible, that his deposition in the matter be taken and forwarded to us. It is three o'clock, gentlemen; the court will adjourn until to-morrow morning."