Chapter 25

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.