THE LEAVENWORTH CASE: A LAWYER'S STORY
by Anna Katharine Green
VIII
CIRCUMSTANTIAL EVIDENCE
"O dark, dark, dark!"
AND now that the interest was at its height, that
the veil which
shrouded this horrible tragedy seemed about to be lifted, if not
entirely withdrawn, I felt a desire to fly the scene, to leave the
spot, to know no more. Not that I was conscious of any particular fear
of this woman betraying herself. The cold steadiness of her now fixed
and impassive countenance was sufficient warranty in itself against
the
possibility of any such catastrophe. But if, indeed, the suspicions
of
her cousin were the offspring, not only of hatred, but of knowledge;
if that face of beauty was in truth only a mask, and Eleanore
Leavenworth was what the words of her cousin, and her own after
behavior would seem to imply, how could I bear to sit there and see
the
frightful serpent of deceit and sin evolve itself from the bosom of
this white rose! And yet, such is the fascination of uncertainty that,
although I saw something of my own feelings reflected in the
countenances of many about me, not a man in all that assemblage showed
any disposition to depart, I least of all.
The coroner, upon whom the blonde loveliness
of Mary had impressed
itself to Eleanor's apparent detriment, was the only one in the room
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who showed himself unaffected at this moment. Turning toward the
witness with a look which, while respectful, had a touch of austerity
in it, he began:
"You have been an intimate of Mr. Leavenworth's
family from
childhood, they tell me, Miss Leavenworth?"
"From my tenth year," was her quiet reply.
It was the first time I had heard her voice,
and it surprised me; it
was so like, and yet so unlike, that of her cousin. Similar in tone,
it
lacked its expressiveness, if I may so speak; sounding without
vibration on the ear, and ceasing without an echo.
"Since that time you have been treated like
a daughter, they tell
me?"
"Yes, sir, like a daughter, indeed; he was
more than a father to
both of us."
"You and Miss Mary Leavenworth are cousins,
I believe. When did she
enter the family?"
"At the same time I did. Our respective parents
were victims of the
same disaster. If it had not been for our uncle, we should have been
thrown, children as we were, upon the world. But he" — here she paused,
her firm lips breaking into a half tremble — "but he, in the goodness
of his heart, adopted us into his family, and gave us what we had
both lost, a father and a home."
"You say he was a father to you as well as
to your cousin — that
he adopted you. Do you mean by that, that he not only surrounded you
with present luxury, but gave you to understand that the same should
be
secured to you after his death; in short, that he intended to leave
any
portion of his property to you?"
"No, sir; I was given to understand, from
the first, that his
property would be bequeathed by will to my cousin."
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"Your cousin was no more nearly related to
him than yourself, Miss
Leavenworth; did he never give you any reason for this evident
partiality?"
"None but his pleasure, sir."
Her answers up to this point had been so straightforward
and
satisfactory that a gradual confidence seemed to be taking the place
of
the rather uneasy doubts which had from the first circled about this
woman's name and person. But at this admission, uttered as it was in
a
calm, unimpassioned voice, not only the jury, but myself, who had so
much truer reason for distrusting her, felt that actual suspicion in
her case must be very much shaken before the utter lack of motive which
this reply so clearly betokened.
Meanwhile the coroner continued: "If your
uncle was as kind to you
as you say, you must have become very much attached to him?"
"Yes, sir," her mouth taking a sudden determined
curve.
"His death, then, must have been a great shock
to you?"
"Very, very great."
"Enough of itself to make you faint away,
as they tell me you did,
at the first glimpse you had of his body?"
"Enough, quite."
"And yet you seemed to be prepared for it?"
"Prepared?"
"The servants say you were much agitated at
finding your uncle did
not make his appearance at the breakfast table."
"The servants!" her tongue seemed to cleave
to the roof of her
mouth; she could hardly speak.
"That when you returned from his room you
were very pale."
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Was she beginning to realize that there was
some doubt, if not
actual suspicion, in the mind of the man who could assail her with
questions like these? I had not seen her so agitated since that one
memorable instant up in her room. But her mistrust, if she felt any,
did not long betray itself. Calming herself by a great effort, she
replied, with a quiet gesture—
"That is not so strange. My uncle was a very
methodical man; the
least change in his habits would be likely to awaken our apprehensions."
"You were alarmed, then?"
"To a certain extent I was."
"Miss Leavenworth, who is in the habit of
overseeing the regulation
of your uncle's private apartments?"
"I am, sir."
"You are doubtless, then, acquainted with
a certain stand in his
room containing a drawer?"
"Yes, sir."
"How long is it since you had occasion to
go to this drawer?"
"Yesterday," visibly trembling at the admission.
"At what time?"
"Near noon, I should judge."
"Was the pistol he was accustomed to keep
there in its place at the
time?"
"I presume so; I did not observe."
"Did you turn the key upon closing the drawer?"
"I did."
"Take it out?"
"No, sir."
"Miss Leavenworth, that pistol, as you have
perhaps observed, lies
on the table before you. Will you look at it?" And lifting it up into
view, he held it towards her.
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If he had meant to startle her by the sudden
action, he amply
succeeded. At the first sight of the murderous weapon she shrank back,
and a horrified, but quickly suppressed shriek, burst from her lips.
"Oh, no, no!" she moaned, flinging out her hands before her.
"I must insist upon your looking at it, Miss
Leavenworth," pursued
the coroner. "When it was found just now, all the chambers were
loaded."
Instantly the agonized look left her countenance.
"Oh, then—" She
did not finish, but put out her hand for the weapon.
But the coroner, looking at her steadily,
continued: "It has been
lately fired off, for all that. The hand that cleaned the barrel forgot
the cartridge-chamber, Miss Leavenworth."
She did not shriek again, but a hopeless,
helpless look slowly
settled over her face, and she seemed about to sink; but like a flash
the reaction came, and lifting her head with a steady, grand action
I
have never seen equalled, she exclaimed, "Very well, what then?"
The coroner laid the pistol down; men and
women glanced at each
other; every one seemed to hesitate to proceed. I heard a tremulous
sigh at my side, and, turning, beheld Mary Leavenworth staring at her
cousin with a startled flush on her cheek, as if she began to recognize
that the public, as well as herself, detected something in this woman,
calling for explanation.
At last the coroner summoned up courage to
continue.
"You ask me, Miss Leavenworth, upon the evidence
given, what then?
Your question obliges me to say that no burglar, no hired assassin,
would have used this pistol for a murderous purpose, and then taken
the
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pains, not only to clean it, but to reload it, and lock it up again
in
the drawer from which he had taken it."
She did not reply to this; but I saw Mr. Gryce
make a note of it
with that peculiar emphatic nod of his.
"Nor," he went on, even more gravely, "would
it be possible for
any one who was not accustomed to pass in and out of Mr. Leavenworth's
room at all hours, to enter his door so late at night, procure this
pistol from its place of concealment, traverse his apartment, and
advance as closely upon him as the facts show to have been necessary,
without causing him at least to turn his head to one side; which, in
consideration of the doctor's testimony, we cannot believe he did."
It was a frightful suggestion, and we looked
to see Eleanore
Leavenworth recoil. But that expression of outraged feeling was left
for her cousin to exhibit. Starting indignantly from her seat, Mary
cast one hurried glance around her, and opened her lips to speak; but
Eleanore, slightly turning, motioned her to have patience, and replied
in a cold and calculating voice: "You are not sure, sir, that this
was done. If my uncle, for some purpose of his own, had fired
the
pistol off yesterday, let us say—which is surely possible, if not
probable—the like results would be observed, and the same
conclusions drawn."
"Miss Leavenworth," the coroner went on, "the
ball has been
extracted from your uncle's head!"
"Ah!"
"It corresponds with those in the cartridges
found in his stand
drawer, and is of the number used with this pistol."
Her head fell forward on her hands; her eyes
sought the floor; her
whole attitude expressed disheartenment. Seeing it, the coroner grew
still more grave.
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"Miss Leavenworth," said he, "I have now some
questions to put you
concerning last night. Where did you spend the evening?"
"Alone, in my own room."
"You, however, saw your uncle or your cousin
during the course of
it?"
"No, sir; I saw no one after leaving the dinner
table—except
Thomas," she added, after a moment's pause.
"And how came you to see him?"
"He came to bring me the card of a gentleman
who called."
"May I ask the name of the gentleman?"
"The name on the card was Mr. Le Roy Robbins."
The matter seemed trivial; but the sudden
start given by the lady at
my side made me remember it.
"Miss Leavenworth, when seated in your room,
are you in the habit
of leaving your door open?"
A startled look at this, quickly suppressed.
"Not in the habit;
no, sir."
"Why did you leave it open last night?"
"I was feeling warm."
"No other reason?"
"I can give no other."
"When did you close it?"
"Upon retiring."
"Was that before or after the servants went
up?"
"After."
"Did you hear Mr. Harwell when he left the
library and ascended to
his room?"
"I did, sir."
"How much longer did you leave your door open
after that?"
"I—I—a few minutes—a—I cannot say," she added,
hurriedly.
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"Cannot say? Why? Do you forget?"
"I forget just how long after Mr. Harwell
came up I closed it."
"Was it more than ten minutes?"
"Yes."
"More than twenty?"
"Perhaps." How pale her face was, and how
she trembled!
"Miss Leavenworth, according to evidence,
your uncle came to his
death not very long after Mr. Harwell left him. If your door was open,
you ought to have heard if any one went to his room, or any pistol
shot
was fired. Now, did you hear anything?"
"I heard no confusion; no, sir."
"Did you hear anything?"
"Nor any pistol shot."
"Miss Leavenworth, excuse my persistence,
but did you hear
anything?"
"I heard a door close."
"What door?"
"The library door."
"When?"
"I do not know." She clasped her hands hysterically.
"I cannot
say. Why do you ask me so many questions?"
I leaped to my feet; she was swaying, almost
fainting. But before I
could reach her, she had drawn herself up again, and resumed her former
demeanor. "Excuse me," said she; "I am not myself this morning. I
beg your pardon," and she turned steadily to the coroner. "What was
it you asked?"
"I asked," and his voice grew thin and high,—evidently
her manner
was beginning to tell against her,—"when it was you heard the
library door shut?"
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"I cannot fix the precise time, but it was
after Mr. Harwell came
up, and before I closed my own."
"And you heard no pistol shot?"
"No, sir."
The coroner cast a quick look at the jury,
who almost to a man
glanced aside as he did so.
"Miss Leavenworth, we are told that Hannah,
one of the servants,
started for your room late last night after some medicine. Did she
come
there?"
"No, sir."
"When did you first learn of her remarkable
disappearance from this
house during the night?"
"This morning before breakfast. Molly met
me in the hall, and
asked how Hannah was. I thought the inquiry a strange one, and
naturally questioned her. A moment's talk made the conclusion plain
that the girl was gone."
"What did you think when you became assured
of this fact?"
"I did not know what to think."
"No suspicion of foul play crossed your mind?"
"No, sir."
"You did not connect the fact with that of
your uncle's murder?"
"I did not know of this murder then."
"And afterwards?"
"Oh, some thought of the possibility of her
knowing something about
it may have crossed my mind; I cannot say."
"Can you tell us anything of this girl's past
history?"
"I can tell you no more in regard to it than
my cousin has done."
"Do you not know what made her sad at night?"
Her cheek flushed angrily; was it at his tone,
or at the question
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itself? "No, sir! she never confided her secrets to my keeping."
"Then you cannot tell us where she would be
likely to go upon
leaving this house?"
"Certainly not."
"Miss Leavenworth, we are obliged to put another
question to you.
We are told it was by your order your uncle's body was removed from
where it was found, into the next room."
She bowed her head.
"Didn't you know it to be improper for you
or any one else to
disturb the body of a person found dead, except in the presence and
under the authority of the proper officer?"
"I did not consult my knowledge, sir, in regard
to the subject:
only my feelings."
"Then I suppose it was your feelings which
prompted you to remain
standing by the table at which he was murdered, instead of following
the body in and seeing it properly deposited? Or perhaps," he went
on,
with relentless sarcasm, "you were too much interested, just then,
in
the piece of paper you took away, to think much of the proprieties
of
the occasion?"
"Paper?" lifting her head with determination.
"Who says I took a
piece of paper from the table?"
"One witness has sworn to seeing you bend
over the table upon which
several papers lay strewn; another, to meeting you a few minutes later
in the hall just as you were putting a piece of paper into your pocket.
The inference follows, Miss Leavenworth."
This was a home thrust, and we looked to see
some show of agitation,
but her haughty lip never quivered.
"You have drawn the inference, and you must
prove the fact."
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The answer was stateliness itself, and we were
not surprised to see
the coroner look a trifle baffled; but, recovering himself, he said:
"Miss Leavenworth, I must ask you again, whether
you did or did not take anything from that table?"
She folded her arms. "I decline answering
the question," she
quietly said.
"Pardon me," he rejoined: "it is necessary
that you should."
Her lip took a still more determined curve.
"When any suspicious
paper is found in my possession, it will be time enough then for me
to
explain how I came by it."
This defiance seemed to quite stagger the
coroner.
"Do you realize to what this refusal is liable
to subject you?"
She dropped her head. "I am afraid that I
do; yes, sir."
Mr. Gryce lifted his hand, and softly twirled
the tassel of the
window curtain.
"And you still persist?"
She absolutely disdained to reply.
The coroner did not press it further.
It had now become evident to all, that Eleanore
Leavenworth not only
stood on her defence, but was perfectly aware of her position, and
prepared to maintain it. Even her cousin, who until now had preserved
some sort of composure, began to show signs of strong and
uncontrollable agitation, as if she found it one thing to utter an
accusation herself, and quite another to see it mirrored in the
countenances of the men about her.
"Miss Leavenworth," the coroner continued,
changing the line of
attack, "you have always had free access to your uncle's apartments,
have you not?"
[75]
"Yes, sir."
"Might even have entered his room late at
night, crossed it and
stood at his side, without disturbing him sufficiently to cause him
to
turn his head?"
"Yes," her hands pressing themselves painfully
together.
"Miss Leavenworth, the key to the library
door is missing."
She made no answer.
"It has been testified to, that previous to
the actual discovery of
the murder, you visited the door of the library alone. Will you tell
us
if the key was then in the lock?"
"It was not."
"Are you certain?"
"I am."
"Now, was there anything peculiar about this
key, either in size or
shape?"
She strove to repress the sudden terror which
this question
produced, glanced carelessly around at the group of servants stationed
at her back, and trembled. "It was a little different from the
others," she finally acknowledged.
"In what respect?"
"The handle was broken."
"Ah, gentlemen, the handle was broken!" emphasized
the coroner,
looking towards the jury.
Mr. Gryce seemed to take this information
to himself, for he gave
another of his quick nods.
"You would, then, recognize this key, Miss
Leavenworth, if you
should see it?"
She cast a startled look at him, as if she
expected to behold it in
his hand; but, seeming to gather courage at not finding it produced,
replied quite easily:
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"I think I should, sir."
The coroner seemed satisfied, and was about
to dismiss the witness
when Mr. Gryce quietly advanced and touched him on the arm. "One
moment," said that gentleman, and stooping, he whispered a few words
in
the coroner's ear; then, recovering himself, stood with his right hand
in his breast pocket and his eye upon the chandelier.
I scarcely dared to breathe. Had he repeated
to the coroner the
words he had inadvertently overheard in the hall above? But a glance
at the latter's face satisfied me that nothing of such importance had
transpired. He looked not only tired, but a trifle annoyed.
"Miss Leavenworth," said he, turning again
in her direction; "you
have declared that you did not visit your uncle's room last evening.
Do
you repeat the assertion?"
"I do."
He glanced at Mr. Gryce, who immediately drew
from his breast a
handkerchief curiously soiled. "It is strange, then, that your
handkerchief should have been found this morning in that room."
The girl uttered a cry. Then, while Mary's
face hardened into a sort
of strong despair, Eleanore tightened her lips and coldly replied,
"I do not see as it is so very strange. I was in that room early this
morning."
"And you dropped it then?"
A distressed blush crossed her face; she did
not reply.
"Soiled in this way?" he went on.
"I know nothing about the soil. What is it?
let me see."
"In a moment. What we now wish, is to know
how it came to be in
your uncle's apartment."
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"There are many ways. I might have left it
there days ago. I have
told you I was in the habit of visiting his room. But first, let me
see
if it is my handkerchief." And she held out her hand.
"I presume so, as I am told it has your initials
embroidered in the
corner," he remarked, as Mr. Gryce passed it to her.
But she with horrified voice interrupted him.
"These dirty spots!
What are they? They look like —"
"—what they are," said the coroner. "If you
have ever cleaned a
pistol, you must know what they are, Miss Leavenworth."
She let the handkerchief fall convulsively
from her hand, and stood
staring at it, lying before her on the floor. "I know nothing about
it, gentlemen," she said. "It is my handkerchief, but—" for some
cause she did not finish her sentence, but again repeated, "Indeed,
gentlemen, I know nothing about it!"
This closed her testimony.
Kate, the cook, was now recalled, and asked
to tell when she last
washed the handkerchief?
"This, sir; this handkerchief? Oh, some time
this week, sir,"
throwing a deprecatory glance at her mistress.
"What day?"
"Well, I wish I could forget, Miss Eleanore,
but I can' t. It is
the only one like it in the house. I washed it day before yesterday."
"When did you iron it?"
"Yesterday morning," half choking over the
words.
"And when did you take it to her room?"
The cook threw her apron over her head. "Yesterday
afternoon, with
the rest of the clothes, just before
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dinner. Indade, I could not help it, Miss Eleanore!" she whispered;
"it was the truth."
Eleanore Leavenworth frowned. This somewhat
contradictory evidence
had very sensibly affected her; and when, a moment later, the coroner,
having dismissed the witness, turned towards her, and inquired if she
had anything further to say in the way of explanation or otherwise,
she
threw her hands up almost spasmodically, slowly shook her head and,
without word or warning, fainted quietly away in her chair.
A commotion, of course, followed, during which
I noticed that Mary
did not hasten to her cousin, but left it for Molly and Kate to do
what
they could toward her resuscitation. In a few moments this was in so
far accomplished that they were enabled to lead her from the room.
As
they did so, I observed a tall man rise and follow her out.
A momentary silence ensued, soon broken, however,
by an impatient
stir as our little juryman rose and proposed that the jury should now
adjourn for the day. This seeming to fall in with the coroner's views,
he announced that the inquest would stand adjourned till three o'clock
the next day, when he trusted all the jurors would be present.
A general rush followed, that in a few minutes
emptied the room of
all but Miss Leavenworth, Mr. Gryce, and myself.
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The Leavenworth Case
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