CHAPTER XXX.
"For God unfolds, by slow degrees,
The purport of his deep decrees;
Sheds every hour a clearer light
In aid of our defective sight;
And spreads, at length, before the soul
A beautiful and perfect whole,
Which busy man's inventive brain
Toils to anticipate in vain." Cowper.
Wednesday, September 4th.
How true is the old adage, "Murder will out." It has certainly been verified in our village. But I will not anticipate. It was hardly light this morning, when the Doctor was summoned from bed to Mr. Fuller, who was dying, and had been calling for Dr. Lenox all night. At length, he became very urgent, and said, he could not die in peace till he had confessed the great sin that troubled his conscience. I waited with no little impatience for Frank's return; but nine o'clock came and there had only been a messenger for Cæsar to drive the buggy to the office.
It was long past the usual dinner hour when Frank returned. When he did so, I saw that something very unusual had taken place, for he hardly spoke, but frequently ceased eating, though he had taken no breakfast, and sat resting his head upon his hand.
Leaving the dining-room hurriedly, he said, "Cora, will you come to me in the library as soon as possible." I left Pauline with the little ones in the nursery, and followed him directly. He silently beckoned me to a seat near him, when he related as follows the scenes of the morning.
"Cora, do you remember the account I gave you years ago, of the setting up of the will of Joseph Lee, before the Probate Court?"
"Perfectly," I replied.
"Well, Fuller, who died this morning, was a witness, who testified that the business transacted by the lawyer, was merely a deed of gift to a poor widow. By his dying confession, however, he has unfolded a horrid plot of villany. Squire Lee at that very time made a second will, which no doubt was in Lucy's favor. He did indeed convey away the cottage at the same interview; but that was only a secondary part of the business." I sprang to my feet, and clapped my hands in an ecstasy.
"But what possible motive could he have had for perjuring himself?" I asked eagerly.
"He was hired to do so by the lawyer. I immediately sent a neighbor who was watching with my patient to a magistrate, and he took down the poor man's confession, together with many circumstances relating to the subject which will throw light on the villany. A writ was at once made out and served upon Joseph Lee and Oscar Colby, for conspiracy, and before nine o'clock, they were before the justice, by whom they were committed to jail to await their trial at the next term of the Criminal Court."
When the sheriff went to arrest them, Joseph was sleeping off the effects of his intoxication; and when dragged from his bed, and made to understand that he was arrested, he swore and raved so shockingly, that the sheriff told him, he would put him in irons if he was not quiet. Mr. Colby was different; he looked ghastly pale, while his eyes rolled from side to side; but he made no resistance.
Poor Lucy! Little reason as she has to love her brother, this will be a terrible blow to her affectionate heart. Although Joseph has been living at the Hall since last spring, yet he has never taken the least notice of her or her family, and even seems to have forgotten that he has a sister. The dear girl thought all her trials were over, she has been so contented and happy with her little family. She has a beautiful pair of twin boys. Emily is six years old. Frank says, it was a painful duty to inform her of the arrest of her brother, which he did this morning.
He was very much affected by her first words after he had told her of Mr. Fuller's confession. "Then my dear father did remember me;" and she burst into tears.
Thursday, September 5th.
Allen Mansfield called here this morning to consult with the Doctor, after having in vain sought him at the office. Nothing for years has caused such an excitement in the town; and corroborative testimony is constantly related by one and another, as to the certainty of a will. But where is it? That it was destroyed at the time is the current opinion. The vile character of the prisoners—the virtue of young Mansfield's family—the probable result of the trial—the length of imprisonment for such crimes—the motives which influenced Mr. Colby to such an act, are the universal themes of conversation.
Groups of men stand in the streets discussing the latest intelligence of the affair, while Lucy and her husband from being among the most quiet citizens of the place have been suddenly transformed into the lions of the day. Their every word and look is eagerly repeated from one to another. One benefit has already resulted from all this. Public attention and sympathy have been turned to the family of widow Fuller, and she has help flowing in from all quarters. In return, she has only to repeat some two or three dozen times a day the sad confession of her husband's crime. "I had it from the lips of the widow," is enough to draw a crowd of listeners eager for something to fan their already over-excited imaginations.
Even the Doctor is not without his share of attention, from being the one to whom the confession was originally made, and from being a particular friend of the Mansfields.
Monday, September 9th.
The excitement in town is constantly on the increase. Poor Lucy is almost as much a prisoner as her brother. She was riding out with her children a day or two since, when some one shouted, "there goes Mrs. Mansfield, sister to the prisoner," and a whole posse of boys ran shouting after the carriage. Such notoriety is by no means pleasing to her, and she is determined to avoid it in future. Mr. Willard, the District Attorney, who will manage the case for Allen, in behalf of the government, has grown very fast in public esteem for a few years, and is considered an uncommonly shrewd lawyer and an excellent advocate. Report says that Joseph has secured the services of an able and far famed lawyer from the city, and means to spare no expense to procure his acquittal at the coming trial, which does not take place until the fore-part of November. Mr. Willard, being on the spot, has every advantage of circumstantial testimony. He has already obtained a warrant to search the premises, and in company with a man appointed keeper by the sheriff, who served a writ attaching the whole for damages in behalf of Allen, went from room to room, examining every private drawer, desk, shelf, or crevice where such a document could be secreted. But it was all in vain; yet a more thorough search will be made to-morrow.
Joseph is in a shocking condition, caused by the involuntary and sudden cessation of his excess in drinking. His eyes seem ready to start from their sockets; and he is so violent in his demands for brandy, and so furious because he cannot obtain it that the jailor has been obliged to put him in irons. Mr. Colby is in a dreadful state of nervous excitement, and walks from morning till night back and forth in the small cell where he is confined. Upon one or two occasions, when Mr. Willard, in company with a sheriff, visited him, he would not deign a reply to any question they put to him.
Tuesday, September 10th.
Nothing whatever was found reflecting light upon this dark plot, on the most rigid examination of the whole premises. While Allen was there, a messenger came from the jailer to the sheriff for some clothes for Mr. Colby, who complained of the dampness of his cell.
The sheriff proceeded to the room which had been occupied by him, where various articles of apparel were thrown upon the chairs and around the room just as he left them the night previous to his arrest. Having fully examined a dressing gown and cloak, and ascertained that nothing was concealed in them, he gave them to the messenger.
Friday, September 20th.
Nothing of importance has transpired to throw light upon the all-engrossing topic. A slight suspicion was awakened in the mind of Mr. Willard by the increasing demand for clothes by Mr. Colby, and Hon. Mr. Marshall, the Attorney General, specially retained, gave orders that no more be sent him. Upon a re-examination, of every article of apparel in his room and wardrobe at the Hall, he has found nothing to justify such a suspicion.
But he is ever on the alert, and determined, if possible, to ferret out all the iniquitous proceedings. The daily papers are full of the most exaggerated accounts of these transactions, report of which has spread the excitement through the country.
Persons may be seen at all hours of the day walking past Lee Hall, wondering what room the prisoners occupied before their arrest, where the keeper remains, and making inquiries on these and a thousand other points of those of the neighbors and inhabitants whom they happen to meet.
Tuesday, November 5th.
Half past seven o'clock, A. M. The all-important day has at length arrived. Even at this early hour carriage after carriage from the adjoining towns rolls by toward the court House. Men and women are seen hurrying in the same direction, all eager to gain admission to the court room. For many years, no case has excited such deep and universal interest. The vast estate involved—the great respect for the family of Mr. Mansfield—the daring plot of Joseph and Colby—the horrible cruelty of the former toward his sister, driving her from the home of her childhood, have raised the excitement to the highest pitch. My hand trembles, and my heart goes "pit-a-pat" as I think of being present at the trial. The Doctor has kindly procured a permit for me to be there as a companion of Lucy, whose heart, poor girl, is ready to faint within her. I shall endeavor to take notes that I may give you and father an account of an American trial.
Thursday, November 7th.
On Tuesday morning, at half past eight, the Doctor came for me to go to the court. My hands were numb from excitement, and for a moment I felt inclined to remain at home; but summoning all my resolution, I stepped into the carriage, when Cæsar drove to Mr. Mansfield's, took in Lucy, who looked more as if she were to be tried as a criminal, than as if she were about to inherit an estate worth a million of dollars.
When the Doctor assisted us from the carriage, and I witnessed the immense crowd standing around the ponderous doors of the court-room, my limbs trembled beneath me, and I clung convulsively to my husband's arm.
"All filled up two hours ago!"—"No room!"—"You can't get in!" were shouted by men and boys on every side. Even the constables standing with a pole at the foot of the stairs told us, we could not proceed. But the Doctor paid no sort of heed to all this. With the air and bearing of a Lenox, he walked majestically on, merely bowing to the officer and pronouncing the word "witness;" when he stood one side to allow us to pass and to get through the crowd as best we could. I can hardly tell you how we were able to make our way up the stone steps to the room above. Sometimes the Doctor was recognized. At others, Lucy's pale face caused the eager crowd to stand yet a little closer and to allow us to press along.
At the inner door, near the head of the stairs, stood a sheriff, who on recognizing the Doctor opened the door, and we stood within the room. Another deputy sheriff came forward and gave us a seat with the witnesses. Here my husband pointed out to me the seats of the judge, and the jury, the boxes for the criminals and the other parts of this temple of justice.
I will describe them to you. The Court-room is large; I should judge, about fifty feet by sixty. On one end of the Hall is a raised platform called the bench, and occupied by the Judges, with private entrances on each side for the convenience of the court. In front of the bench and on an elevation about half as high, is a space enclosed with a railing within which are tables for the Clerk, District Attorney and Attorney General. Before this railing is a table for the reporters, at which are seated a goodly number with pen in hand, eager to catch every word of this terrible trial, and to send the report thereof by the dailies and by bulletins all over the country.
Running along on each side of the room are three banks of seats, resembling long slips or pews, and occupied by the witnesses and jury. A walk or aisle runs along at the foot of these seats. The large open area in front of the reporters and of this aisle, is circled with a railing within which are seats and small desks for members of the bar. Just beyond the railing and opposite to the Judge are boxes for the criminals with sharp iron pickets on the top. All the rest of the unoccupied space was crowded on this occasion with a dense mass of spectators, some of whom had been standing ever since the opening of the Court-room.—Over the end of the Hall was a gallery densely crowded. One by one, the Jurors, Clerk, Lawyers, District Attorney, Attorney General and Judge entered and took their seats. As the large clock in the room struck nine, officers appeared leading in the prisoners.
I was obliged to put my arm around my distressed friend. She looked ready to faint; but holding strong volatile salts to her nose, she endeavored to control her feelings. Frank and myself regretted extremely that the Attorney General thought it necessary to summon her as a witness.
The court opened. The Clerk read the Docket, from which it appeared that the Grand Jury had found three bills against the prisoners at the bar; for conspiracy in obtaining property under false pretences—for wilful perjury—and for fraud.
On motion of the Attorney General, it was ordered that they should be tried upon the first of these, as it related to the primary, and principal crime. The Clerk called upon the prisoners to arise and attend to the indictment on which they were arraigned.
"COMMONWEALTH OF MASSACHUSETTS.
"County of ——. At the Court of Common Pleas, begun and holden in Crawford, within the County of ——, on the first Monday, being the fourth day of November, in the year of our Lord one thousand eight hundred and forty-four.
"The Grand Jurors for the Commonwealth of Massachusetts, upon their oath present that Joseph Lee, and Oscar Colby, gentlemen, of the town of Crawford, in the county of ——, not having the fear of God before their eyes, and being moved by an evil heart, and seduced by the instigations of the devil, on or about the first day of November, in the year of our Lord one thousand eight hundred and thirty-seven, in the town, county and commonwealth aforesaid, did wilfully and maliciously conspire together to secrete or destroy the last will and testament of one Joseph Lee deceased, of said town, county and commonwealth aforesaid. And did thereby feloniously and wilfully arrest the course of justice in the settlement of the estate of the deceased Joseph Lee, by setting up, and subsequently executing as his last will and testament, a will prior to his last, and thereby defrauding his legal heir or heirs, and so the Jurors upon their oath aforesaid do say that the said Joseph Lee, and Oscar Colby then and there, in the manner aforesaid, did commit the crime of conspiracy as aforesaid, against the peace of the Commonwealth aforesaid, and the laws in such cases made and provided.
A true bill.
James Frothingham, Foreman.
John Marshall, Attorney General."
To this indictment the prisoners plead "not guilty." The Clerk then proceeded to impanel the jury.
Moses Willard, District Attorney, appeared and took his seat. The counsellors for the defendants were Edgar Burke, and Sylvanus Curtiss.
Clerk of the Court. "Gentlemen of the Jury, hearken to the indictment found against Joseph Lee, and Oscar Colby."
Here the Clerk read the indictment to the Jury, when he continued: "To this indictment, the defendants have plead not guilty, and have put themselves on the country, which country you are, and you are now sworn to try the issue."
District Attorney. "You perceive, Gentlemen of the Jury, by the indictment that has been read to you that Joseph Lee and Oscar Colby are charged by the Grand Jury of the body of this county with conspiracy to defraud, a crime punishable with the severest penalties of the law, and alleged by the indictment to have been committed by them feloniously, wilfully and maliciously. I need not portray to you the sad consequences which have already resulted from this villany.
"We intend to prove that the prisoners at the bar did at the time and place specified in the indictment, conspire together to destroy the last will and testament of one Joseph Lee deceased, and to set up as his last will and testament, a will prior to his last, and did thereby deprive his dutiful daughter of her patrimony,—a daughter who had for years administered to her sick father's necessities, smoothing by her affectionate care his passage to the grave; and that they drove her from the home of her childhood and youth on the very eve of her deceased father's burial, rendering her houseless, and shelterless, but for the protecting arm of her newly wedded companion.
"We intend to prove the sad consequences of this crime to the prisoners themselves."
Mr. Curtiss. "Your Honor, I must object to this appeal to personal sympathy, and personal prejudice."
District Attorney. "Your Honor, I beg not to be interrupted. I was only stating what the prosecution intend to prove. I was specifying the consequences of crime to the prisoners at the bar; but I forbear. The bloated face, and blood-shot eyes of the one, and the ghastly pallor of the other, speak far more than any words I could utter.
"Gentlemen of the Jury, I have no need to caution you against participating in the popular indignation at this crime, or not to fear the consequences of a faithful discharge of your whole duty. Your oath requires you to decide the question of the guilt or innocence of the prisoners according to law and evidence.
"The indictment charges them with Conspiracy. But, gentlemen, I will not detain you farther, except to cite authorities respecting the nature of this crime, the laws and penalties pertaining thereunto, and also to remark on the confidence to be placed in the confession of a dying man, which will soon be submitted to you."
He then proceeded to read from Roscoe on Criminal evidence, Chitty's Criminal Law, Archbold, etc., etc. After which, he concluded by saying, "This charge we expect to prove by the confession of Hugh Fuller on his death bed, where we naturally expect the utmost sincerity, and where there could be no motive for self-accusation, and a confession of that which must forever tarnish the fair fame of the confessor,—no motive falsely to criminate his fellow men. His testimony is entitled to the highest consideration, supported as it will be by an array of circumstantial evidence, amounting almost to a moral demonstration."
He then called George Wilson, Justice of the peace, who after being sworn read the Affidavit, as he took it from the lips of the dying man.
AFFIDAVIT.
"COMMONWEALTH OF MASSACHUSETTS.
"County of ——ss. Hugh Fuller of Crawford, in said county, yeoman, personally before me, and lying upon his death-bed, on oath declared that he affixed his name as witness to the last will and testament of the late Joseph Lee of said town and county, then lying on his death-bed, on the twenty-third of October, one thousand eight hundred and thirty-seven. And also at the same time and place affixed his signature to a deed by the said Joseph Lee, conveying property from him to widow Churchill.
"And the deponent farther declares, that the other witnesses of these documents were Oscar Colby, and Edward Stone.
"The deponent also solemnly declares that the papers were then delivered by said Joseph Lee to said Oscar Colby with instructions that the first document should be retained by him, Oscar Colby, until after the testator's decease, and that the second should be immediately conveyed by said Colby to the aforesaid Widow Churchill.
"The deponent still farther declares that the said Oscar Colby enjoined upon him and Edward Stone, now deceased, profound secrecy in respect to the first of these transactions; and that immediately upon the death of the late Joseph Lee, the said Colby came to him renewing the injunction with a proffer of money, as reward for so doing; and that both he and Joseph Lee, son of the deceased Joseph Lee, subsequently came to him to instruct him how to appear, and what to say, if cited before the Probate Court; and at the same time paid him certain sums of money in consideration of his maintaining such secrecy.
"And the deponent also declares that his abetting of this crime has ever since lain heavily upon his conscience, and has at times harrowed his soul with the most dreadful remorse; and that he cannot die in peace until he has made a frank, and full confession of this sin, and implored forgiveness of God, and his fellow men; more particularly of those whom he has thus injured.
"All this, the deponent declares to be true in the presence of that God before whom he expects in a few moments to appear; and the same was subscribed and sworn to on this fourth day of September, in the year of our Lord one thousand eight hundred and forty-four.
Hugh Fuller.
"Before me, George Wilson, Justice of the peace. In the presence of } Frank Lenox, } Martha Fuller, } Witnesses. Phebe Andrews, } Benjamin Hardy, } Crawford, September 4th, 1844."
| "Before me, George Wilson, Justice of the peace. | |
| In the presence of | } |
| Frank Lenox, | } |
| Martha Fuller, | } Witnesses. |
| Phebe Andrews, | } |
| Benjamin Hardy, | } |
In corroboration of this testimony, the following witnesses were called and sworn:
Frank Lenox, Allen Mansfield, Lucy Lee Mansfield, Susan Burns, Jacob Strong, who bore testimony similar to that given by them before the Probate Court, and showing the oft declared intention of the late Joseph Lee to revoke his first will, and to make a second.
They also testified that up to the time of the alleged crime, the prisoners were comparative strangers, and that from that period, they had been leagued together in the closest alliance; first in the house of the late Joseph Lee immediately after his funeral, then in the execution of the will, and subsequently in a voyage to Europe, from which they lately returned together after an absence of some years; and finally that they were together up to the time of their arrest.
To reveal the nature of their intercourse when together, Jacob Strong, steward of the late Joseph Lee, testified, that on the evening after the funeral of his master, his son Joseph, and Lawyer Colby were together in the back parlor of his master's residence, where they called for wines, brandy and cigars, and where they spent most of the night in drunkenness.
And he farther testified that at sundry times during the succeeding month, he had been often awaked at late hours of the night, by their midnight carousals; and alarmed by their abuse of each other. And that he had often interposed to separate and quiet them.
Here the prosecution closed the presentation of the case in behalf of the government, reserving the right to introduce rebutting testimony.
It being past twelve o'clock, the court adjourned till two P. M.
Two o'clock, P. M. Tuesday afternoon. The Court met pursuant to adjournment.
The defence opened. Mr. Curtiss arose. "Hay it please your Honor, and you, Gentlemen of the Jury, I arise under no small embarrassment to plead the cause of my clients in this important trial,—an embarrassment which arises from the overwhelming tide of public indignation, which in its mighty current, and irresistible force threatens to carry away every barrier of public justice, and public safety.
"Upon the alleged confession of Hugh Fuller this tide deluged the surrounding country, as when the dam of a great river is carried away, and the pent up waters are let loose, bearing down all before them.
"We, Witnesses, Counsellors, and Jurors are in no small danger of being carried away as float-wood whither the mighty torrent shall bear us.
"I cannot resist the conviction that the District Attorney, by his quick sympathies, has so far participated in this popular feeling, that he has not in this case sustained his deservedly high reputation for equity, and impartiality. My great esteem for him as an advocate led me to expect that he would devote to this exciting trial, his characteristic calmness, and discrimination, that he would carefully weigh the evidence, and avoid all appeals to passion or prejudice. Judge then of my surprise that in the very beginning of his speech, he should appeal to your sympathy in behalf of the daughter of the late Joseph Lee.
"Gentlemen of the Jury, you are here for the exercise, not of sympathy, but of justice. And my astonishment was increased by his attempt to awaken your prejudices against my clients, by reference to any peculiarities in their personal appearance. What honest citizen; nay, what one of you could be suddenly dragged from your bed at night, and committed to prison on such a charge; be brought from your cell handcuffed and strongly guarded, and here locked up in the felon's box in the presence of so large and respectable an assembly of your fellow citizens without some emotion blanching your countenance, or flushing it with indignation.
"But my astonishment reached its highest pitch, when having waited hour after hour in painful expectation of that circumstantial testimony, which was to amount to "a moral demonstration" of my clients' guilt, and waiving in apprehension of it my right to cross examine his witnesses, I heard him acknowledge to the court that the evidence for the prosecution was in, and the case was submitted to the defence.
"His citations from legal authors, and his exposition of the laws pertaining to the crime for which my clients are arraigned meet my most cordial approbation, and supersede the necessity of any additional comments on the part of the defence. Of the three crimes charged in these indictments, the two latter are subordinate to, and dependent on the first. If there was no conspiracy, there surely could have been no wilful perjury, no suborning of witnesses in pursuance of that conspiracy.
"Setting aside the confession, what proof has been adduced to support the charge of conspiracy? None that would justify any honest citizen in cherishing a suspicion of his neighbor; none that would not blast the fairest character as with the breath of calumny. Your verdict, if you find my clients guilty, must depend almost entirely upon the credibility of a deceased witness, upon the affidavit of Hugh Fuller.
"The authorities already submitted to you by my legal friend, teach you that the testimony of a dying man should be received, if at all, with great caution. At best it is only hearsay evidence, and this is almost the only form of that species of testimony which is admissible at the bar. Before you attach to it any importance, you are bound to know that the witness at the date of the affidavit was in a sound mind, free from intellectual aberrations, and from bias of judgment.
"Has the prosecution relieved your minds from all doubt on these points? Nay, gentlemen. It has submitted no substantial proof of even the sanity of that witness. I am now prepared to prove by testimony clear and abundant that this affidavit contains nothing more than the hallucination of an insane man. This being established, I shall submit the case, after the argument of my associate, for your decision."
During the speech of Mr. Curtiss, the vast audience hung in breathless silence upon his lips; and when he resumed his seat, it was very evident that the tide of public feeling had begun to turn.
The prisoners, inspired with hope, rose from their seats, and stood leaning over the pickets of their boxes. Such was the eagerness to catch every word that the sheriff was obliged several times to rap with his pole and call "order! Order!!"
The witnesses for the defence were next called, and sworn, and examined. First, Frank Lenox.
Mr. Curtiss. "What is your profession?"
"I am a physician."
"How long have you been in practice?"
"About thirteen years."
"Was Hugh Fuller your patient?"
"He was."
"What was his disease?"
"Typhoid fever."
"Have you been familiar with that fever in your practice?"
"I have had many cases every year."
"How have you commonly found the reason affected by this disease?"
"The mind is frequently subject to aberration, but more frequently in the typhus, than in the typhoid fever."
"Had you any reason to think the mind of Mr. Fuller was thus affected by his disease?"
"At times his language was strange, and his thoughts incoherent. But he was more free from aberration than patients generally in that fever."
"How near the date of his alleged confession, do you remember to have witnessed any such wanderings?"
"I think his mind was rather wandering on the previous morning."
Mr. Burke. "Had you given him medicine from which unnatural excitement could result?"
"I had not."
Cross examination by Mr. Willard.
"Did you consider him of sound mind and memory on the night of his confession?"
"I did."
"How did he appear after the confession?"
"Very much relieved.—calm and peaceful."
"Are you confident that his mental aberrations resulted from his disease?"
"I considered them in a great measure the result of a troubled conscience."
Mr. Curtiss sprang to his feet, and said, "May it please your Honor, I must object to that question. It calls forth a reply not legitimate to the profession of the witness. Cases of conscience belong to the Clergy."
Judge. "The witness will proceed, confining himself to facts pertaining to the case."
Mr. Marshall, the Attorney General, asked, "was there any particular subject on which his mind seemed to be dwelling in what you supposed mental aberrations?"
Mr. Burke arose under considerable excitement. "Your Honor, I must protest against the introduction of testimony going to show the subject of a crazy man's thoughts."
Mr. Marshall stood waiting to reply. "Your Honor will consider the special importance of this testimony as showing the state of the confessor's mind, and the subject which principally occupied his thoughts."
After a prolonged discussion of the admissibility of this testimony by the learned counsellors, the Judge decided the question in order, and directed the witness to proceed.
"He often repeated the words, 'that's all I remember; they can't take me up for that. And if they do, I'm not answerable; they that hired me will have to bear the blame,' and so much more of the same general import that I was led to suspect,"—
"Your Honor," exclaimed both the lawyers for the defence. The Junior waived, however, in favor of the Senior. "I hope your Honor will remind the witness that he is here not to relate suspicions, but facts."
Judge. "The witness may proceed and restrict himself to facts, or to such professional opinions, as are material to the case. He is to give his honest views frankly and fully."
"I was saying that I suspected, he was laboring under remorse of conscience, and I urged him, if such were the fact, to seek relief by confession."
Mr. Willard. "What was the date of this conversation?"
"At several different times. The one to which I particularly referred, took place two days before his death."
Dr. Clapp, partner of Dr. Lenox, was called, whose testimony corroborated that of the preceding witness.
Mrs. Martha Fuller was next called.
Mr. Curtiss. "What was your relation to Hugh Fuller?"
"His wife."
"Did you discover anything during your husband's sickness which led you to think him insane?"
"I did."
"At what part of it more particularly?"
"The latter part."
"What did he say that led you to infer that he was crazy?"
"Sometimes he did not know me, called me by another name, talked wildly, and was frequently wandering in his sleep."
"How near the time of this alleged confession did you notice any signs of insanity?"
"On the night and day preceding his death."
Cross examination by Mr. Willard.
"Did you hear your husband's confession?"
"I did."
"Did you consider him crazy at that time?"
Hesitating. "I did not."
"What reasons had you for not considering him so?"
"He called us all by name, and talked rationally about other things, and gave me directions about the children."
"Had he frequently talked with you in this way during his sickness?"
"He had not."
"But during his sickness, had there not been days, or longer seasons, when he appeared rational?"
"There were."
"You have said he was often wild and wandering. Do you mean he was so most of the time, or only now and then?"
"Only now and then."
"Had he ever appeared so before this sickness?"
Witness bursts into tears.
Mr. Curtiss. "Your Honor, I claim the protection of the Court in behalf of this witness."
Mr. Marshall. "Your Honor, we have no disposition to impose upon the witness, who certainly has our tenderest sympathy in these trying circumstances. But the question of my worthy colleague was designed to elicit from the witness, the fact whether or not her lamented husband previous to his last sickness, had ever exhibited signs of insanity?"
Mr. Burke. "Your Honor, I object to the question as irrelevant."
Judge. "The question is pertinent and the witness will answer according to her best recollections."
Witness. "I cannot say that he did."
Mr. Willard. "Did he ever appear depressed in spirits?"
"He did."
"Can you recollect what he used to say at such times?"
She weeps.
"Take your time, my good woman." The sheriff at a motion from Mr. Willard brings her a chair. "Try to recollect what he said at such times."
"He used to fear we should come to poverty and disgrace."
"Did he ever explain the ground of those fears?"
"He did not, when awake."
"What do you mean to imply by that?"
"He sometimes talked about it in his sleep; but I couldn't always make out what he said."
"Did the drift of his conversation at such times correspond with that when he was wild and wandering during his sickness?"
"I think it did."
The Court was then adjourned until nine o'clock the next morning.