“What were the men doing at that time?”
“I believe—really, I do not like to repeat so often that I was ill that day.”
“Have you any recollection of what you said to the men at that time?”
“None.”
“Let me refresh your memory from the ship’s log.”
(Reading.) “‘Mr. Turner insisted that the bodies be buried at sea, and, on the crew opposing this, retired to his cabin, announcing that he considered the attitude of the men a mutiny.’”
“I recall being angry at the men—not much else. My position was rational enough, however. It was midsummer, and we had a long voyage before us.”
“I wish to read something else to you. The witness Leslie testified to sleeping in the storeroom, at the request of Mrs. Johns”. (reading), “‘giving as her reason a fear of something going wrong, as there was trouble between Mr. Turner and the captain.’”
Whatever question Mr. Goldstein had been framing, he was not permitted to use this part of the record. The log was admissible only as a record on the spot, made by a competent person and witnessed by all concerned, of the actual occurrences on the Ella. My record of Mrs. Johns’s remark was ruled out; Turner was not on trial.
Turner, pale and shaking, left the stand at two o’clock that day, and I was recalled. My earlier testimony had merely established the finding of the bodies. I was now to have a bad two hours. I was an important witness, probably the most important. I had heard the scream that had revealed the tragedy, and had been in the main cabin of the after house only a moment or so after the murderer. I had found the bodies, Vail still living, and had been with the accused mate when he saw the captain prostrate at the foot of the forward companion.