THE LEAVENWORTH CASE: A LAWYER'S STORY
by Anna Katharine Green
V.
EXPERT TESTIMONY
"And often-times, to win us to our harm,
The instruments of darkness tell us truths;
Win us with honest trifles, to betray us
In deepest consequence."
Macbeth.
IN the midst of the universal gloom thus awakened
there came a sharp
ring at the bell. Instantly all eyes turned toward the parlor door,
just as it slowly opened, and the officer who had been sent off so
mysteriously by the coroner an hour before entered, in company with
a
young man, whose sleek appearance, intelligent eye, and general air
of
trustworthiness, seemed to proclaim him to be, what in fact he was,
the
confidential clerk of a responsible mercantile house.
Advancing without apparent embarrassment,
though each and every eye
in the room was fixed upon him with lively curiosity, he made a slight
bow to the coroner.
"You have sent for a man from Bohn & Co.,"
he said.
Strong and immediate excitement. Bohn &
Co. was the well-known
pistol and ammunition store of — Broadway.
"Yes, sir," returned the coroner. "We have
here a bullet, which we
must ask you to examine. You are fully acquainted with all matters
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connected with your business?"
The young man, merely elevating an expressive
eyebrow, took the
bullet carelessly in his hand.
"Can you tell us from what make of pistol
that was delivered?"
The young man rolled it slowly round between
his thumb and
forefinger, and then laid it down. "It is a No. 32 ball, usually sold
with the small pistol made by Smith & Wesson."
"A small pistol!" exclaimed the butler, jumping
up from his seat.
"Master used to keep a little pistol in his stand drawer. I have often
seen it. We all knew about it."
Great and irrepressible excitement, especially
among the servants.
"That's so!" I heard a heavy voice exclaim. "I saw it once
myself—master was cleaning it." It was the cook who spoke.
"In his stand drawer?" the coroner inquired.
"Yes, sir; at the head of his bed."
An officer was sent to examine the stand drawer.
In a few moments he
returned, bringing a small pistol which he laid down on the coroner's
table, saying, "Here it is."
Immediately, every one sprang to his feet,
but the coroner, handing
it over to the clerk from Bonn's, inquired if that was the make before
mentioned. Without hesitation he replied, "Yes, Smith & Wesson;
you
can see for yourself," and he proceeded to examine it.
"Where did you find this pistol?" asked the
coroner of the
officer.
"In the top drawer of a shaving table standing
near the head of
Mr. Leavenworth's bed. It was lying in a velvet case together with
a
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box of cartridges, one of which I bring as a sample," and he laid it
down beside the bullet.
"Was the drawer locked?"
"Yes, sir; but the key was not taken out."
Interest had now reached its climax. A universal
cry swept through
the room, "Is it loaded?"
The coroner, frowning on the assembly, with
a look of great dignity,
remarked:
"I was about to ask that question myself,
but first I must request
order."
An immediate calm followed. Every one was
too much interested to
interpose any obstacle in the way of gratifying his curiosity.
"Now, sir!" exclaimed the coroner.
The clerk from Bonn's, taking out the cylinder,
held it up. "There
are seven chambers here, and they are all loaded."
A murmur of disappointment followed this assertion.
"But," he quietly added after a momentary
examination of the face
of the cylinder, "they have not all been loaded long. A bullet has
been recently shot from one of these chambers."
"How do you know?" cried one of the jury.
"How do I know? Sir," said he, turning to
the coroner, "will you
be kind enough to examine the condition of this pistol?" and he
handed it over to that gentleman. "Look first at the barrel; it is
clean and bright, and shows no evidence of a bullet having passed out
of it very lately; that is because it has been cleaned. But now,
observe the face of the cylinder: what do you see there?"
"I see a faint line of smut near one of the
chambers."
"Just so; show it to the gentlemen."
It was immediately handed down.
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"That faint line of smut, on the edge of one
of the chambers, is
the telltale, sirs. A bullet passing out always leaves smut behind.
The
man who fired this, remembering the fact, cleaned the barrel, but
forgot the cylinder." And stepping aside he folded his arms.
"Jerusalem!" spoke out a rough, hearty voice,
"isn't that
wonderful!" This exclamation came from a countryman who had stepped
in
from the street, and now stood agape in the doorway.
It was a rude but not altogether unwelcome
interruption. A smile
passed round the room, and both men and women breathed more easily.
Order being at last restored, the officer was requested to describe
the
position of the stand, and its distance from the library table.
"The library table is in one room, and the
stand in another. To
reach the former from the latter, one would be obliged to cross Mr.
Leavenworth's bedroom in a diagonal direction, pass through the
passageway separating that one apartment from the other, and—"
"Wait a moment; how does this table stand
in regard to the door
which leads from the bedroom into the hall?"
"One might enter that door, pass directly
round the foot of the bed
to the stand, procure the pistol, and cross half-way over to the passage-
way, without being seen by any one sitting or standing in the library
beyond."
"Holy Virgin!" exclaimed the horrified cook,
throwing her apron
over her head as if to shut out some dreadful vision. "Hannah niver
would have the pluck for that; niver, niver!" But Mr. Gryce, laying
a
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heavy hand on the woman, forced her back into her seat, reproving and
calming her at the same time, with a dexterity marvellous to behold.
"I beg your pardons," she cried deprecatingly to those around; "but
it
niver was Hannah, niver!"
The clerk from Bohn's here being dismissed,
those assembled took the
opportunity of making some change in their position, after which, the
name of Mr. Harwell was again called. That person rose with manifest
reluctance. Evidently the preceding testimony had either upset some
theory of his, or indubitably strengthened some unwelcome suspicion.
"Mr. Harwell," the coroner began, "we are
told of the existence
of a pistol belonging to Mr. Leavenworth, and upon searching, we
discover it in his room. Did you know of his possessing such an
instrument?"
"I did."
"Was it a fact generally known in the house?"
"So it would seem."
"How was that? Was he in the habit of leaving
it around where any
one could see it?"
"I cannot say; I can only acquaint you with
the manner in which I
myself became aware of its existence."
"Very well, do so."
"We were once talking about firearms. I have
some taste that way,
and have always been anxious to possess a pocket-pistol. Saying
something of the kind to him one day, he rose from his seat and,
fetching me this, showed it to me."
"How long ago was this?"
"Some few months since."
"He has owned this pistol, then, for some
time?"
"Yes, sir."
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"Is that the only occasion upon which you have
ever seen it?"
"No, sir,"—the secretary blushed" —I have
seen it once since."
"When?"
"About three weeks ago."
"Under what circumstances?"
The secretary dropped his head, a certain
drawn look making itself
suddenly visible on his countenance.
"Will you not excuse me, gentlemen?" he asked,
after a moment's
hesitation.
"It is impossible," returned the coroner.
His face grew even more pallid and deprecatory.
"I am obliged to
introduce the name of a lady," he hesitatingly declared.
"We are very sorry," remarked the coroner.
The young man turned fiercely upon him, and
I could not help
wondering that I had ever thought him commonplace. "Of Miss Eleanore
Leavenworth!" he cried.
At that name, so uttered, every one started
but Mr. Gryce; he was
engaged in holding a close and confidential confab with his
finger-tips, and did not appear to notice.
"Surely it is contrary to the rules of decorum
and the respect we
all feel for the lady herself to introduce her name into this
discussion," continued Mr. Harwell. But the coroner still insisting
upon an answer, he refolded his arms (a movement indicative of
resolution with him), and began in a low, forced tone to say:
"It is only this, gentlemen. One afternoon,
about three weeks since,
I had occasion to go to the library at an unusual hour. Crossing over
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to the mantel-piece for the purpose of procuring a penknife which I
had
carelessly left there in the morning, I heard a noise in the adjoining
room. Knowing that Mr. Leavenworth was out, and supposing the ladies
to
be out also, I took the liberty of ascertaining who the intruder was;
when what was my astonishment to come upon Miss Eleanore Leavenworth,
standing at the side of her uncle's bed, with his pistol in her hand.
Confused at my indiscretion, I attempted to escape without being
observed; but in vain, for just as I was crossing the threshold, she
turned and, calling me by name, requested me to explain the pistol
to
her. Gentlemen, in order to do so, I was obliged to take it in my hand;
and that, sirs, is the only other occasion upon which I ever saw or
handled the pistol of Mr. Leavenworth." Drooping his head, he waited
in
indescribable agitation for the next question.
"She asked you to explain the pistol to her;
what do you mean by
that?"
"I mean," he faintly continued, catching his
breath in a vain
effort to appear calm, "how to load, aim, and fire it."
A flash of awakened feeling shot across the
faces of all present.
Even the coroner showed sudden signs of emotion, and sat staring at
the
bowed form and pale countenance of the man before him, with a peculiar
look of surprised compassion, which could not fail of producing its
effect, not only upon the young man himself, but upon all who saw him.
"Mr. Harwell," he at length inquired, "have
you anything to add to
the statement you have just made?"
The secretary sadly shook his head.
"Mr. Gryce," I here whispered, clutching that
person by the arm and
dragging him down to my side;
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"assure me, I entreat you—" but he would not let me finish.
"The coroner is about to ask for the young
ladies," he quickly
interposed. "If you desire to fulfil your duty towards them, be ready,
that's all."
Fulfil my duty! The simple words recalled
me to myself. What had I
been thinking of; was I mad? With nothing more terrible in mind than
a
tender picture of the lovely cousins bowed in anguish over the remains
of one who had been as dear as a father to them, I slowly rose, and
upon demand being made for Miss Mary and Miss Eleanore Leavenworth,
advanced and said that, as a friend of the family--a petty lie, which
I hope will not be laid up against me--I begged the privilege of going
for the ladies and escorting them down.
Instantly a dozen eyes flashed upon me, and
I experienced the
embarrassment of one who, by some unexpected word or action, has drawn
upon himself the concentrated attention of a whole room.
But the permission sought being almost immediately
accorded, I was
speedily enabled to withdraw from my rather trying position, finding
myself, almost before I knew it, in the hall, my face aflame, my heart
beating with excitement, and these words of Mr. Gryce ringing in my
ears: "Third floor, rear room, first door at the head of the stairs.
You will find the young ladies expecting you."
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The Leavenworth Case
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