The cold in the hall was not as severe now as formerly, for the weather had become milder without, and that coal stove, before referred to, stood not far from Sylver's cell. This helped in a measure, but came short of the warmth needful to a sick man like him. Things passed thus, with more or less of his moaning when I was in, till Wednesday evening, on which, by reason of the prayer meeting, I did not visit the apartment. Thursday noon I heard no moaning, but when the men had retired for their work, I called to visit the sufferer and found his cell empty, he having been carried to the hospital. I went to my dinner, purposing to return and visit the hospital immediately after; but, being detained, at length saw a coffin carried to the prison, and, on inquiry, learned that Sylver was dead. He died a few minutes past twelve, when I was known to be at work in the hall, but nothing was said to me about the event. How my heart sank within me, though, of the events of that terrible Wednesday night, I then knew nothing. The facts subsequently came to light in their revolting features. They were gathered from the steward, overseers, guard and released prisoners, investigated with all care, and are, no doubt, correct, as follows:

Sylver grew worse Wednesday evening, groaning often. The steward came, and, after giving him the usual attention, said, "Now, Sylver, there is no use in your making such a fuss as this. Dry up and go to sleep." Sylver replied, "I would, if I could; but my sufferings are so great I can't help it;" to which the steward responded, "Yes, you can, if you only think so. Dry up, if you don't want to go into the solitary," and left, with the groans falling on his ears as he passed from the apartment.

At nine the night watch went to his task in the hall, and found the inmate almost incessantly groaning, with interludes of prayer,—"Lord have mercy on me; do help me; forgive my sins," and so on, also suffering intensely with the cold, locked in his cell that none could approach him in attempts at relief. The watchman's heart was stirred, for humanity's promptings were not dead in him. He looked about for something that might afford warmth to the agonized man, and found some bricks, which he warmed and passed through the grating to the sufferer, who for a time had strength to take and place them around him for relief.

The other prisoners could not sleep. Raps would be heard from one and another for the watch to go to them and explain. Others would cry out, "Call the deputy and have that man cared for." At about eleven, the prisoners began to stir determinedly, when the watch called a guard and sent for the deputy to come and care for Sylver. But he gave no heed to the summons, except to send the guard back to the hall, who went to the sick man's cell, made efforts to still him, and left. Those near said they heard the word gag there used, and understood that the sufferer was receiving threats of being gagged, in case he did not stop his noise.

As the guard retired from the hall, all hope of relief for the doomed one came fully to an end, he being now literally left to his fate. He would still engage in prayer,—"Lord, have mercy on my soul; Lord, why won't they come and do something for my relief?"

Had the cell door been left unlocked, the watch could have done much more towards affording the needed warmth, and been more effective in efforts for his relief. But that privilege would not be allowed. At length the man became too weak and exhausted to take and use the proffered bricks, which ended the offices of kindness the watch was struggling to perform. Finally, the moaning grew more and more faint, and was of such a tone as to give clear indication that death had commenced its work. The sad hours wore slowly away. The morning finally arrived, and the men were called to their tasks, the now feeble moans dying upon their ears as they passed out. At length, when suiting his convenience, the warden went to the dying man's cell. Seeing the result of their work, he hastened for the doctor, whom he found just starting on an imperative call. But he hurried to the prison to see the man a moment and direct the means to be used till his return. He found him thoroughly cold, as though dead, and ordered him to be taken at once to the hospital, the most vigorous rubbing to be used by two men, and other means for restoring warmth. For a time he revived somewhat, but these efforts, however beneficial they might have been in season, were of no avail now, for death soon closed the scene.

The brothers, summoned by a telegram, were present in a few hours. A post-mortem examination was had, at which one asked, "What was the matter with the man?" to which the doctor answered, "Probably some difficulty about the heart." An invited physician responded,—"From what I hear, I think it a clear case of congestion of the lungs;" one of the worst cases of which, it was found to be. A consulting physician said that the case must have been a number of days in progress.

The reader must make his own comment on this whole affair.[2] My feelings were never more stirred. We were terribly shocked at Pike's murder of the Browns, those feeble, old people. But he dispatched them at once; neither, perhaps, experiencing a moment's sensibility of suffering. True, the man lived a number of hours, but was probably not sensible of pain. But Sylver, in his agonies, begging and pleading for help, was forced to pass that terrible night carefully locked in his cell, and no heed given to his cries. Had they ended his sufferings with a single blow, without any threats of the dungeon or gag, he would have been thereby saved from the piercing agonies of those slowly dragging hours. Would not that have been compassion in comparison with what they did? But one says, "That would have been murder." True, and what was that treatment in reality? With due care and attention the man might have recovered, but they so proceeded that it was absolutely impossible for him to live. No man with a lung difficulty could survive such treatment. The blow of an ax, severing his head from his body, could have been no surer means of death.

[2] Important facts on this matter are withheld in the narrative above, as the possessors were unwilling, at the examination, to divulge them publicly except under the shield of an oath.

I know the deputy attempted to exonerate himself from blame before the governor and council, by asserting that the guard, sent for him, failed to do his errand correctly, and that he understood himself called to still the noise among the men, and for this sent the guard back.