The Perfume of Eros: A Fifth Avenue Incident

by Edgar Saltus

The exordium concluded, Peacock warmed to his work. What he said he seemed to literally tear from his mouth. It was an arraignment not delivered but hurled, headlong, with the force and rush of a cavalry charge. Before it Orr's points sank overwhelmed. To replace them with others of his own Peacock made new ones, evolving them with a fire and lucidity that was pyrotechnic. They were like bombs exploding before the jury's eyes. He arraigned the defendant, arraigned the defense, stampeded their tactics, denounced Annandale's manner, which he declared to be that of a hardened criminal, and pictured him as a jealous husband who, in accordance with a plot long premeditated, had first lured his victim to his house, then following him thence had murdered him in the darkness, but who now swore that he was drunk and remembered nothing. "Assuming that he was drunk," Peacock shouted, "his intoxication was a feigned disguise, assumed for the purpose and legally an aggravation of his dastard crime."

Beneath, in the unlovely street, an organ was tossing a jig. The jolts of it mounted to the court, fusing with Peacock's voice, adding their vulgarity to his own, and it was to the wretchedness of them that he said at last: "My duty is done."

He had scored points by the dozen. In as many seconds Orr had their heads off by half.

"Harris, gentlemen, is the rock of the People's case. His hand fashioned it. Without him it crumbles. Let me array for you Harris against Harris."

Leisurely Orr began, showing the man's hand for what it was, not dirty and disreputable merely, but discredited.

"Apart from that hand where is the promised evidence? Where is it? Where is that evidence? Gentlemen, not a bit of evidence have you had, not a molecule, not a minim, not a mite. At best or at worst any evidence producible against this defendant would be circumstantial. In telling you the value of such testimony the District Attorney has been good enough to leave it to me to explain that testimony of this character must, to be conclusive, exclude every other reasonable hypothesis. The District Attorney has further told you that circumstances cannot lie. Of all his statements that one and that one alone is correct. Circumstances cannot lie. But witnesses can. It is from them that circumstances are obtained. And though they furnish a million circumstances, what are these circumstances worth if they themselves are unsound? How unsound that reptile Harris is, you have, I believe, been enabled to judge. But even otherwise, even though the testimony of that saurian seem to you probable, I may remind you that the most probable things often prove false, for the reason that if they were exempt from falsity they would cease to be probable; they would be certain.

"Now what certainty has the District Attorney brought you? Instead of excluding every other reasonable hypothesis, he has opened the door to a dozen hypotheses infinitely more reasonable than his own. Except that the obligatory instrument does not appear to have been found, he has adduced nothing to show that the deceased did not commit suicide. He has adduced nothing to show that he was not robbed. The caretaker has testified that he was away from the park ten or fifteen minutes. The policeman who returned with him has testified that when he got there the gate was open. In the interim anyone may have entered, gone through the suicide, bagged his pistol for further booty and away.

"No, the District Attorney has not excluded these hypotheses, he has confined himself to picturing this defendant as a husband jealous of the deceased. But assuming that he was, how many other husbands may not have been jealous of him also? The bullet in evidence, the bullet extracted from the brain of the deceased, is one which, from a calculation of its lands and grooves, may or may not have come from a thirty-two calibre pistol. Anyway a thirty-two calibre pistol is among the exhibits. But how many more such pistols are there in this great city? The ownership of one is not a proof of crime. Nor is the fact that the body of the deceased was found in front of this defendant's residence proof either. On the contrary. The park wherein it lay is a parallelogram, and a body in it would be practically in front of every other house in the square. How many jealous husbands reside in these houses I am not competent to say, but I am competent to tell you that the prosecution might just as well have arraigned any other resident there as this defendant; yes, and better, were it not for Harris."

Orr paused. "Reptile," he cried. "Knave, fraud, thief, liar——"

But the Court admonished him that his time was up. Without a murmur, in the middle of a sentence, he sat down. It was another point that he had scored.