The ways of the hour

by James Fenimore Cooper

“Coroners are not governed by precisely the same rules as ordinary committing magistrates,” he quietly observed, “though we equally respect the rules of evidence. No witness is obliged to answer a question before an inquest, that will criminate himself, any more than at the Oyer and Terminer. If the lady will say she does not wish to tell her real name, because it may criminate her, I shall not press the question myself, or allow it to be pressed by others.”

“Very true, sir; but the law requires, in these preliminary proceedings, no more than such accuracy as is convenient in making out the records. I conceive that in this particular case the question might be varied by asking, ‘You are known by the name of Mary Monson, I believe?’”

“What great harm can it be to this young female to give her real name, Mr. Dunscomb, as I understand you are that distinguished counsellor, if she be perfectly innocent of the death of the Goodwins?”

“A perfectly innocent person may have good reasons for wishing to conceal her name. These reasons obtain additional force when we look around us, and see a committee of reporters, who stand ready to transmit all that passes to the press;—but, it might better serve the ends of justice to allow me to confer with the witness in private.”

“With all my heart, sir. Take her into one of the jury rooms, and I will put another physician on the stand. When you are through with your consultation, Mr. Dunscomb, we shall be ready to proceed with your client.”

Dunscomb offered his arm to the girl, and led her through the crowd, while a third medical man was sworn. This witness corroborated all of Dr. Coe’s opinions, treating the supposition that both the skeletons were those of women with very little respect. It must be admitted that the suspected stranger lost a great deal of ground in the course of that half-hour. In the first place, the discussion about the name was received very much as an admission of guilt; for Dunscomb’s argument that persons who were innocent might have many reasons for concealing their names, did not carry much weight with the good people of Biberry. Then any doubts which might have been raised by McBrain’s suggestion concerning the nature of the skeletons, were effectually removed by the corroborating testimony of Dr. Short, who so fully sustained Dr. Coe. So much are the Americans accustomed to refer the decision of nearly all questions to numbers, it scarcely exaggerates the truth to say that, on the stand, the opinion of half-a-dozen country surveyors touching a problem in geometry, would be very apt to overshadow that of a professor from West Point, or old Yale. Majorities are the primum mobile of the common mind, and he who can get the greatest number on his side is very apt to be considered right, and to reap the benefits of being so.

A fourth and a fifth medical man were examined, and they concurred in the opinions of Dr. Coe and his neighbours. All gave it as the result of their enquiries, that they believed the two skulls had been broken with the same instrument, and that the blow, if it did not cause immediate death, must have had the effect to destroy consciousness. As regards the sex, the answers were given in a tone somewhat supercilious.

“Science is a very good thing in its place,” observed one of these last witnesses; “but science is subject to known facts We all know that Peter Goodwin and his wife lived in that house; we all know that Dorothy Goodwin was a large woman, and that Peter Goodwin was a small man,—that they were about of a height, in fact,—and that these skeletons very accurately represent their respective statures. We also know that the house is burnt, that the old couple are missing, that these bones were found in a wing in which they slept, and that no other bones have been found there. Now, to my judgment, these facts carry as much weight, ay, even more weight, than any scientific reasoning in the premises. I conclude, therefore, that these are the remains of Peter and Dorothy Goodwin—have no doubt that they are, indeed.”

“Am I permitted to ask this witness a question, Mr. Coroner?” demanded Dr. McBrain.

“With all my heart, sir. The jury wishes to ascertain all they can, and our sole object is justice. Our inquests are not very rigid as to forms, and you are welcome to examine the witness as much as you please.”