Cora and The Doctor Part 45

Then unfolding the larger doc.u.ment, he said, "May it please your Honor, and you, Gentlemen of the Jury: The names of Oscar Colby, Edward Stone, and Hugh Fuller, here appear as witnesses to the last will and testament of the late Joseph Lee, bearing his characteristic signature, and seal, drawn up in the hand-writing of the said Oscar Colby, and bearing even date with the deed before referred to, to wit:--Crawford, October twenty-third, one thousand eight hundred and thirty-seven."

Here Joseph Lee in a frenzy of rage attempted to spring over his own box into that of his companion, and screamed out, as he met the iron railing, "Perjured wretch, you swore to me it was destroyed."

The sheriff rapped and thundered "_order in court_." Still he raved and swore like a maniac, and the sheriff could not control him.

Though he was heavily ironed, it required the full strength of several constables to keep him quiet.

Order being restored, Mr. Willard said, "I will here introduce two items of written testimony to rebut the charge of insanity against the author of the affidavit, the princ.i.p.al witness for the prosecution, and to confirm other testimony for the government already before the court. It was not known that these items existed, when we concluded the presentation of the case in behalf of the Commonwealth. I put in as written testimony, first, the last will and testament of Joseph Lee, deceased, which is as follows:

"'In the name of G.o.d, Amen. I, Joseph Lee Senior, of Crawford, in the County of ----, Commonwealth of Ma.s.sachusetts, gentleman, being on my sick bed, and in the near prospect of death, but of sound and disposing mind and memory, do make and publish this my last will and testament, hereby revoking a former will made by me, and signed and sealed on the fifth day of August, one thousand eight hundred and thirty-five.

_First._ I hereby const.i.tute and appoint my beloved son-in-law, Allen Mansfield, to be sole executor of this my last will, directing him to pay all my just debts and funeral charges out of my personal estate, as soon after my decease, as shall by him be found convenient.

_Second._ I give and bequeath to my beloved daughter, Lucy Lee Mansfield, all the real estate of which I may die possessed.

_Third._ I give and bequeath to my faithful steward, Jacob Strong, and to my faithful house-keeper, Susan Burns, each the sum of one thousand dollars.

_Fourth._ I also give and bequeath to each of my faithful servants, Samuel Dane, Sarah Brown, and Maria Keys, the sum of five hundred dollars.

_Fifth._ I give and bequeath the sum of ten thousand dollars as a fund to the Pastor, Rev. Asa Munroe, and Deacon Simon Crocker, and Deacon Josiah Hans...o...b.. of the first Congregational church in this place, to be held in trust by them and their successors in office forever, subject to the advice of said church. The annual income thereof is to be by them expended for the relief of the poor, and for objects of charity; a preference being always given among the poor to those impoverished by intemperance; and among objects of charity to those more immediately under their observation.

_Sixth._ I give and bequeath all the residue of my personal property to my son-in-law, Allen Mansfield, Frank Lenox and John Marshall, and their successors whom they shall appoint, to be by them held in trust, and at their discretion used for the support, and personal comfort of my son, Joseph Lee, and to his heirs after him; or in the event of his death without legitimate offspring, the same shall after his decease revert to my daughter Lucy Lee Mansfield, her heirs and a.s.signs forever.

In testimony whereof, I, the said Joseph Lee, have to this my last will and testament, set my hand and seal, this twenty-third day of October, in the year of our Lord one thousand eight hundred and thirty-seven.

JOSEPH LEE. [L. S.]

Signed, sealed, published, and declared by the said Joseph Lee, as and for his last will and testament, in the presence of us, who at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses hereto.

Oscar Colby,

Edward Stone,

Hugh Fuller.'"

After he had carefully folded the tattered doc.u.ment and replaced it in his pocket-book, Mr. Willard read the other item of doc.u.mentary testimony, which proved to be this note of hand.

"For value received, I promise to pay Oscar Colby or order, five thousand dollars annually, on the first day of January, in each year, during the term of his natural life.

Signed, Joseph Lee."

Crawford, November 23, 1837.

On the back of this note were seven annual endors.e.m.e.nts of five thousand dollars each; amounting to thirty-five thousand dollars.

Turning to the Judge, he then said, "May it please your Honor, and you, Gentlemen of the Jury, I am instructed by my colleague, the Attorney General, to submit the case in behalf of the Government without argument or comment. This we do from a conviction that after such disclosures, and this array of testimony, a closing argument would be not only a superfluity, but almost an insult to your understanding."

When he had resumed his seat, Mr. Burke for the defence arose, and said, "May it please your Honor, and you Gentlemen of the Jury, no persons can be taken by greater surprise at these remarkable disclosures, than the counsellors for the defence. And cordially concurring in the remarks of the learned counsel for the prosecution, we have concluded to follow his worthy example, and submit the case without argument, merely invoking for our clients as large a share of commiseration, as may consist with your sense of justice, and with the laws pertaining to their cause."

The Judge arose from the Bench, and in slow, and grave accents, commended the counsellors, both for the prosecution and the defence for the brief and direct manner in which they had mutually yielded the case to the court. "The same considerations," he added, "which have in their judgment superseded all demand for a closing argument, lead me, Gentlemen of the Jury, to feel that there can be no occasion for my giving you a prolonged charge. The nature of the crime for which the prisoners are arraigned and the penalties which it incurs, have been so properly and ably expounded to you by the counsellors as to supersede the necessity of additional comment thereon by the Bench. The trial has been protracted, and your minds must have been perplexed with doubts respecting the importance to be attached to the confession of Hugh Fuller until the introduction of the doc.u.mentary testimony just submitted, which pours a flood of light upon the case, which of itself would seem sufficient to establish their guilt, and which, taken as a corroboration of the direct and circ.u.mstantial testimony previously before the court, amounts to an array of evidence seldom presented. If this evidence has convinced your judgment of the guilt of the prisoners, you will render your verdict accordingly."

The Jury retired, and after a few moments returned. The foreman arose and said, "We have made up our verdict."

By order of the court Joseph Lee was remanded to the prisoner's box to hear the verdict.

_Clerk._ "Do you find the prisoners guilty, or not guilty?"

Reply. "_Guilty._"

_Judge._ "The Court will postpone the proclamation of the sentence until the morning session."

The Court then adjourned till Thursday morning at nine o'clock, it being already past two o'clock, P. M.

_Thursday Morning, November 7th._ The court met pursuant to adjournment.

At nine o'clock the sheriff and his attendants came into the Court, but without the prisoners. Great excitement was manifested. He communicated with the Judge, who exhibited strong emotion, and who, when the sheriff had opened the Court, announced the death by suicide of Joseph Lee, and the dangerous illness of Oscar Colby.

_Monday, November 11th._

So ended this horrible tragedy. I intended to have taken notes, but my all-absorbing interest in the trial prevented me. Indeed I forgot even my intention to do so. The night of Tuesday, I could not close my eyes in sleep; but lived over and over again the exciting scenes of the day, while the loathsome, purple face of Joseph and the haggard visage of his companion were ever before me.

My dear Lucy was seriously indisposed when we called for her, on our way to the trial, and was glad to remain at home. Allen too bore the marks of the excitement and suffering of the day before, and said he would not willingly go through another such day for all the property in Crawford.

But he was destined to a far greater trial during the day on which he had entered.

I have copied from the daily papers a full account of the trial, merely adding to it from my own memory. But now I shall endeavor to explain some circ.u.mstances connected with it which have not yet been made public. You will remember that in the report of Wednesday morning, Mr.

Willard abruptly left the court-room, after requesting Mr. Marshall to cross-examine the witnesses. The following statement he made to Allen Mansfield, the Doctor, myself and some others after the trial. I will relate it nearly in his own words.

"It would hardly be supposed," he said, "that I could sleep much at that stage of this exciting trial. I tossed from side to side during the night, and as I reviewed the testimony, came almost to the conclusion that the counsel for the defence would destroy the affidavit in the minds of the Jury and get the case. I thought, if I could only find the second will or some clue to it, this would relieve my embarra.s.sment. I became so much excited by the new train of thought, that I arose from my bed, dressed, and commenced a vigorous walk across my room.

"Plan after plan for obtaining it or some trace of it was thought of and rejected. Morning dawned; and the duties of the day left me no time for farther speculation. But my midnight thoughts prepared me for what followed, and when I went into Court, a light dawned upon me. It was connected with a circ.u.mstance with which you are already acquainted; namely, with the anxiety which Colby had manifested to have his clothes brought to him in the jail.

"During the examination of one of the first witnesses, it suddenly occurred to me to inquire of the jailer whether he had ever mentioned any garment in particular. I left the court-room for that purpose, and was soon at the jail. I began cautiously by asking whether the prisoners had been rendered comfortable during their confinement. To this, the jailer replied, 'far more comfortable than they deserved. They are ungrateful rascals. Notwithstanding the pains I have taken with Joseph's meals, in consequence of the wishes of his brother Mansfield, yet he was always cursing and swearing in the most shocking manner.'"

"And how was it with Colby? I asked.

"I can't say that he did precisely the same. I've nothing to say against him except that he was always complaining of cold and sending for more clothes. I have sent twice, and I told him that I wouldn't be bothered with sending again; so I gave him a shawl to put over him.'

"Did he ever mention any particular garment which he wished?"

"'Yes indeed. It's vests he asks for. The first time, the man forgot about the vest, and brought an overcoat or something of that sort; but the next time he got one.'

"Well," said I, trembling with a mere suspicion that I had got a clue that might lead to the discovery. The jailer seeing me much interested, went on.