The White Rose of Memphis
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“‘Now, sir, if that eminent poet was correct in his beautiful composition, which I presume no one will be so bold as to doubt, I think it settles the hash (if I may be allowed the expression) with the motion now under consideration. If a t without a cross is no t at all, then it follows, as a matter of course, that no legal indictment has been filed against my client. If your Honor concedes that the t is not crossed – and that is too plain to admit of doubt – why then, of course, the motion to quash must prevail.’
“After haranguing the court for an hour, Hogjaw dropped, overcome with exhaustion, into his seat, while the brother members crowded round him to offer their congratulations. One fanned his red face, another brought him a glass of whisky and water, a third brought a napkin, while all the rest appeared to be anxious to render some friendly aid.
“Mr. Quillet delivered an eloquent and learned argument against the motion, insisting that the defect was such as could be cured by amendment; but he was forced to confess that the t had not been crossed. It was very plain to be seen that the attorney-general was considerably embarrassed, and a lack of confidence appeared on his face, while his actions showed that he had an up-hill business.
“As soon as Mr. Quillet resumed his seat, Mr. Rockland, who had been silently watching the progress of the argument, stepped forward and began to address the court, favoring the motion to quash. He commenced by a learned dissertation on the laws of creation which prevailed anterior to the existence of Adam, then gave a graphic sketch of the rules which God laid down for the government of Eden, showing the awful consequences which had resulted from a disobedience of those holy laws. He then came down to the time of Moses, giving a brilliant history of the strict discipline which that great leader enforced in his magnificent army of exodusters, while marching out of the filthy land of Egypt; then taking up the laws of the Medes and Persians, he explained them to the satisfaction of the court; showing clearly wherein they applied particularly to the case under consideration. The renowned advocate then paid his respects to the Koran, citing many passages which he insisted had a direct bearing on the question now before the court; passing on thence to the birth of Christ, he descanted at large on the meekness and suffering of the great Saviour of mankind; and when he began to advert to the vulgar mob of Jews who clamored for the innocent blood of Christ, he compared them to the motley crowd of ill-bred wretches who were clamoring for the innocent blood of Mr. Anterson. When he plunged into the English law, he threw book after book behind him, while he hurled precedents and quotations at the head of the court so thick and rapidly that the judge became completely bewildered. After Mr. Rockland had exhausted the laws of England, he made a raid off the American decisions, pouring a mighty deluge of learning into the ears of the court; then wound up with such a burst of eloquence as to bring tears from the audience, and confusion to the mind of the court; he then sank back in his seat, and wiped the perspiration from his brow, and awaited the decision of the court.
“Flipout dropped his head on his hands and remained silent for several moments, evidently bewildered and confused by the vast waves of learning that had rolled over him. At length he rose up, rubbed both sides of his nose with his fingers, re-adjusted his spectacles, coughed two or three times, looked up at the ceiling as if he thought it were going to fall down on his head, then delivered the following learned opinion:
“‘The court has listened with exquisite pleasure to the lucid and learned argument made by the attorneys, and it feels profoundly thankful to those wise gentlemen for the valuable assistance which they have rendered in that respect. This case presents many strange and difficult features, such as we very seldom meet with in this country. The court is seriously impressed with the importance of this very peculiar case, because it involves the fortunes of many poor, destitute widows and starving orphans. The defendant is charged with the embezzlement of large sums of money belonging to a class of unfortunate people whose helpless condition cries aloud to the court for protection. The law is made to restrain the strong and to protect the helpless, and it is the duty of the court to enforce the law in such a manner as to attain the end which the makers had in view when the statutes were passed. Unscrupulous men who wantonly trample on the law should have the severest penalties pronounced against them; but we must not lose sight of the fact that no man can be compelled to answer for a felony except upon an indictment presented in open court by a grand jury. The law presumes every man to be innocent until such presumption is overthrown by competent proof; and we all remember the Scriptural maxim that declares it is better that ninety-and-nine guilty persons should escape than that one innocent man should suffer. This being the case, it behooves us to exercise great caution in the administration of the laws. It is contended by the able counsel for the defense that this indictment is fatally defective, because the letter t has no cross, and many learned decisions have been cited to sustain that view. The court had occasion, at a former term, to examine the authorities touching this identical question, and it considers that a very fortunate circumstance, as it will greatly aid the court in arriving at a correct conclusion in regard to the case now under consideration. In the celebrated case of Hikokolochuckle vs. Lokoklohichuckle, it was held that all the letters necessary to spell the defendant’s name must appear plainly written, so that a man of ordinary understanding could easily determine what name was intended. Chief-justice Wangdoodle, in delivering the opinion in that case, said that it was a deplorable fact that men of learning very frequently fell into the despicable habit of neglecting to cross their t’s and dot their i’s. In the case of Changtookoo vs. Ronder-bangtookoo, which was tried in the Celestial Empire, before the eminent Chief-justice Shooflytoto, it was held that the twelfth letter in the alphabet was entitled to ten tails and seven horns, and that it could not be considered complete if either of those tails or horns was left off. The points decided in that case appear to have a direct bearing on the one now before this court. The letter referred to in that famous case is not made with a pen, as it is in this country, but by drowning a large battle spider in black ink, and then carefully setting him down on white paper. The legs of the spider correspond exactly with the number of tails and horns necessary to constitute the letter. In the case referred to, it appeared that the spider which was used in making the letter had unfortunately lost a leg in a combat with a bumblebee, which was not discovered by the writer, consequently the letter had only six tails, when it should have had seven. Owing to that fatal defect, the plaintiff lost his case, which involved an immense fortune. Now, if the failure to make all the tails and horns rendered that letter defective, it would seem that a failure to cross the letter t in this case would be fatal. Spotted Tail, the renowned Indian chief, in his remarkable communications to the President of the United States, was very careful to cross his t’s and dot his i’s; therefore it is the opinion of this court that if an ignorant savage can afford to dot his i’s and cross his t’s the attorney for the State should be required to do likewise. Entertaining this view of the case, the court feels conscientiously bound to sustain the motion. Let the indictment be quashed.’
“‘I suppose,’ said Hogjaw, ‘that all the other bills may be considered as disposed of by this judgment, as they are all in the same category?’
“‘Yes, let all the bills be considered quashed.’
“A grand rush was made toward Mr. Anterson by the lawyers and spectators, who showered congratulations thick and rapid. Every one seemed to be eager to shake his hand, and to offer obsequious congratulations. The little embezzler was placed in a carriage and driven to a saloon, where champagne sparkled – corks flew in all directions – toasts were drunk, and shouts of joy and hilarious laughter were wafted on the breeze.
“The poor widow and helpless orphans went on starving all the same. The world wags on, the sun continues to shine, the moon blushes not, the rich robber revels in stolen wealth, while Justice spreads her white wings and bids the world farewell. The starving wretch who steals a slice of meat to feed his starving children must expiate the crime in the penitentiary, while he who steals a million is champagned and worshiped, lionized and petted.
“Lottie gave me the benefit of her opinion about courts, lawyers and judges, with a vengeance, and that opinion was anything but a compliment to that class. When court adjourned she beckoned me to follow her, and I knew from the bright sparkle of her pretty eyes, and the manner in which the corners of her mouth hung down, that she had something of importance to communicate. I followed her into a small antechamber adjoining the court-room, where I saw Mrs. McCay weeping over her husband, while the two pretty little twins were sound asleep on the floor.
“‘Oh! Charley,’ said the unfortunate woman, as she threw her arms around her husband’s neck, ‘if they take you to prison now, it will kill you. You have been so ill, and you are now so weak, that you cannot live if they start with you to the penitentiary in your present condition.’
“‘Let me die, then; why should I care to live in a world that is overflowed with injustice? I am unable to work any more, therefore it would be better for me to be out of the way!’
“‘Dear Charley, please do not talk that way, for my poor heart is breaking! If they take you to the penitentiary, they may take me to my grave, for it will kill me to lose you!’
“‘They are not going to take him to the penitentiary yet a while,’ said Lottie, as she lifted Mrs. McCay’s little babe in her arms; ‘I have come to take you and your good husband home; so come along, for the carriage is waiting at the door.’
“Mrs. McCay wiped the tears from her eyes and began to stare at Lottie in a bewildered manner.
“‘We cannot go home now, because the sheriff was here a moment ago, and said he would be back soon to take my husband to jail. He told me he was going to take Charley to the penitentiary in the morning.’
“‘But I tell you, Mrs. McCay, that they shall not take your husband to prison; he is a free man – here is a dispatch from the Governor granting a full pardon, and your husband can go where he pleases; so come along and get in the carriage!’
“Mr. McCay fell on his knees at Lottie’s feet, seized her hand and pressed it to his lips, while his wife knelt on the other side and took the other hand.
“‘You are a dear angel!’ exclaimed the weeping woman as she pressed Lottie’s hand to her lips. ‘Heaven bless you, we will be your slaves as long as we live!’
“‘No, you will not be my slaves, either, but you shall be my good friends.’
“The whole family was crowded into the carriage, which forced me to take a seat by the driver. Lottie directed the coachman to stop at the nearest provision store, where she handed the salesman a bill of provisions, with orders to have them immediately sent to Mr. McCay’s residence. Soon after we deposited the family at the front gate a dray stopped, and the driver began to place the provisions on the pavement in front of the house. A barrel of flour, a barrel of sugar, a sack of coffee and a cask of hams, with numerous other packages, were soon scattered about on the pavement.
“‘Edward,’ said Lottie, as she cast one of her peculiarly sweet smiles on me, ‘did you ever read Dickens on the circumlocution office?’
“‘Yes,’ I replied.
“‘Very well, then you will understand my meaning when I tell you I have started a circumlocution office of my own.’
“‘How is that?’
“‘Mr. Anterson steals ten thousand dollars from Mrs. McCay, and gives Mr. Rockland part of the money to keep him (Anterson) out of the penitentiary; Mr. Rockland gives me the money, I purchase provisions with it, and deliver them to Mrs. McCay.’
“‘That is circumlocution double and twisted!’
“We then took leave of the family who had been made happy by Lottie’s bounty, and drove home. I attempted to embrace Lottie as I assisted her from the carriage.
“‘Stop, sir!’ she said, ‘remember the terms of our compact – no love demonstrations until Viola is clear!’
CHAPTER XXXIII
“At length the long expected day arrived, the time to which I had been looking forward with a mind crowded with hope and anxiety; the day which was to settle the fate of Miss Bramlett, as well as my own, for Lottie had suffered herself to become so completely entangled with Viola’s affairs that no power could separate them.
“I ate a light breakfast and hurried to Mr. Rockland’s residence, in order to meet Lottie, according to previous arrangement, for the purpose of escorting her to the jail. As she met me at the front portico with both hands held out for me to shake, a smile of unusual brightness played on her beauteous face, while a hopeful confidence beamed from her pretty blue eyes. I noticed that her toilet was exquisitely arranged, displaying evidence of unusual care, skill, and taste. She was clad in a neat-fitting robe of dove-colored silk, the body cut so as to exhibit the symmetry of the waist without encumbering the movements of the arms, terminating close up round the throat, and crowned at the top with snow-white lace. A large golden chain encircled her neck, at the end of which was suspended a beautiful locket of the same kind of metal, containing a picture of my unworthy self, which was held against her bosom by a golden arrow running through a little ring, and fastened to her dress. The abundant wealth of golden hair was handsomely braided, and resting in beautiful coils at the back of her head, being pinned up with a Cupid dart, while an exquisite hat with two drooping plumes covered her well-shaped head.
“‘Edward, what is the matter with you this morning? I declare, you look as blue and solemn as if you were in a funeral procession, following a dear friend to the grave!’
“‘Lottie, have you no fears as to the result of the trial to-day?’
“‘Now that is a real Yankee style of answering questions; nevertheless, I will give you a direct answer. I have no fears, but to the contrary, I am full of confidence and hope; this is to be a day of great triumph for us. But now I wish to know what makes you look so melancholy?’
“‘While I am hopeful, I am full of doubts as to the result, and those doubts cling to me, despite my efforts to shake them off.’
“‘Well, all I can say is wait and see. But it is high time we were going, for I must have a private interview with Viola at the jail before she goes to the court-house; is the carriage ready?’
“‘Yes, I saw it pass the window just a moment ago!’
“When we arrived at the jail, Miss Bramlett embraced Lottie enthusiastically, uttering many endearing words of affection and gratitude. Her toilet was in every respect exactly similar to Lottie’s and save the color of the hair, they were very much alike. Lottie requested me to leave her alone with Miss Bramlett until the time arrived for her to go to the court-house, and I went out into the hall and began to pace up and down the floor, counting the moments, as they appeared to crawl at a snail’s pace. When the two girls had been together about an hour, a gentle rap sounded on the door of Miss Bramlett’s room, and when it was opened the sheriff said:
“‘I am ordered, Miss Bramlett, to accompany you to the court-house; you need not be in a hurry – I can wait until you are ready; take as much time as you wish.’
“‘I am ready, sir, as soon as I can put on my hat and cloak.’
“‘Doctor Demar,’ said the sheriff as he came out, ‘I will place my fair prisoner in your custody and request you to escort her to the court-house in the carriage, and I will walk.’
“‘Why not ride in the carriage with us?’
“‘I have too much respect for Miss Bramlett’s feelings to do anything that would look like guarding a prisoner.’
“I seized the hand of the generous-hearted officer and thanked him for his kindness, promising to take the ladies as he requested, and he hurried away.
“When the carriage halted in front of the court-house, an immense crowd of curious idlers began to collect near the door, eager to get a look at the beautiful murderess (as they were pleased to designate Miss Bramlett), and it required the services of a couple of policemen to clear a road through the dense mass of humanity for the ladies to enter the door.
“Judge Flipout, who sat on the judicial bench reading the morning paper, laid it down and gazed intently at the fair prisoner for a moment, then descended, and taking Miss Bramlett’s hand, inquired about her health. After a few minutes’ conversation with her, he turned round and addressed Lottie:
“‘Miss Wallingford, have you concluded to deliver a speech in defense of your pretty client?’
“‘No, I have not, but if I were to make a speech, you would hear new ideas expressed, such as would not be complimentary to courts, lawyers and judges. I used to be simple enough to think that courts were the very fountains of justice, where the weak and helpless could procure redress for wrongs inflicted on them by the strong and powerful, but the scales of ignorance have lately been removed from my eyes.’
“‘Indeed! I am very sorry to learn that you have such an unfavorable opinion of us, but I trust you will alter it when you know more about us.’
“‘I am sure I should be delighted to see something that might be considered an improvement on the farce I witnessed here the other day.’
“‘You must not set those two cases down as a sample of what we do all the time, because the court was forced by the law in those cases to render decisions the effect of which was to enable guilty parties to escape.’
“Then Judge Flipout again addressed Miss Bramlett, remaining by her side a moment.
“‘Open court, Mr. Sheriff,’ he said as he looked at his watch. ‘I wish you a speedy delivery, Miss Bramlett, as much for Miss Wallingford’s sake as for your own. You have been quite fortunate in securing the friendly services of such an astute attorney.’
“Then his Honor resumed his seat and listened to the reading of the minutes, while the lawyers began to whisper to each other, and occasionally point toward Lottie and Viola. I was close enough to hear a whispered conversation carried on by Hogjaw and Quillet in regard to the two charming girls.
“‘Which one is the prisoner?’ inquired Hogjaw, as he started toward the ladies.
“‘The one sitting nearest this way,’ replied Quillet.
“‘There are no evidences of guilt in that face, certain. By Jupiter, she is pretty!’
“‘Yes, but I do not think her as beautiful as Miss Wallingford. I have never laid my eyes on such a model of perfection; there is an indescribable charm about the expression of her features that eclipses anything I ever beheld. Just look at that pretty golden hair – did you ever see anything like it? Look at those large blue eyes, and that saucy dimpled chin, the straight, symmetrical form, the exquisite neck, the rosy cheeks!’
“‘Stop, Quillet, I cry enough! you are done for, that is plain; that girl has captured you beyond question.’
“‘I would give a California gold mine if I could capture such a woman for a wife!’
“‘Do you think Miss Bramlett is guilty?’
“‘I am truly sorry to be compelled to say that I do, though I do not believe she was in her senses when she committed the murder.’
“‘Why do they not plead insanity then?’
“‘Ah, there is where the unaccountable mystery comes in; but I have lately been informed that Miss Wallingford is in possession of some very strange facts which she believes will secure the acquittal of her friend.’
“‘Is it true that Miss Wallingford has lived in the jail with the prisoner all the time?’
“‘She has been with her most of the time, despite the continued remonstrances of old Rockland and all of her friends. I tell you what it is, that girl understands law as well as a majority of young members of the bar, and we are going to have some rare fun here to-day.’
“‘How is that?’
“‘Miss Wallingford has secured permission of the court to cross-examine some of the witnesses for the State; and I think we shall see a regular duel between her and one of the female witnesses.’
“‘Well, Quillet, you must let Miss Wallingford have a fair chance.’
“‘Indeed I will! she shall have her own time, and shall be allowed the privileges of a regular member of the bar.’
“‘I guess Miss Wallingford picked up her legal knowledge from old Rockland’s abundant store; he is a cold-hearted old cuss, but I regard him as the best lawyer in Tennessee.’
“‘Yes, and I believe he hates everybody in the world except his wife and Miss Wallingford, and they say he worships the very ground on which that girl walks; he has crammed her head full of solid information, and I do honestly believe she is the most intellectual woman I ever met.’
“‘There comes old Rockland now, looking as pale as a ghost.’
“The iron lawyer moved slowly across the room and dropped into a chair; resting his elbows on a table and placing his face between his hands, he stared vacantly at space without apparently noticing anybody in the house.
“‘Mr. Quillet,’ said the judge, ‘are you ready to proceed with the Bramlett case?’
“‘We are ready on the part of the State, if your Honor pleases.’
“‘What says the defense?’
“Mr. Rockland straightened himself up, gazed at the judge a moment, and ran his eyes slowly over the vast crowd of spectators, then fixed his gaze on Lottie as if he were waiting for her to answer the judge’s question.
“‘Yes, papa,’ she whispered, ‘tell the judge we are ready.’
“‘I believe we are ready for the defense,’ growled the old lawyer as he resumed his seat, and again rested his face in his hands.
“‘Call the venire, Mr. Sheriff,’ said Flipout, as a frown began to darken his brow, occasioned, no doubt, by the confusion produced by the restless crowd who had come in to witness the proceedings.
“The first juror who presented himself was Gabriel McCracken, a very little man, with large red nose of the Roman type.
“‘Have you formed or expressed any opinion as to the guilt or innocence of the prisoner at the bar?’ inquired Mr. Quillet.
“‘I have.’
“‘Stand aside.’
“Thomas Tadler answered to the second call, who said he had formed and expressed an opinion, and was promptly ordered to stand aside.
“The forty-seventh man called was the first one who had not formed an opinion about the case, or anything else, because he did not have sense enough to shape an idea on any subject. He was a tall, hump-shouldered, slim man, with weak, watery eyes, a starvation look resting on his face, and a three-cornered head, covered with a profusion of long, tangled brown hair, and an idiotic expression of countenance.
“‘What is your name, sir?’
“‘Obadiah Crookwood!’
“‘What is your occupation?’
“‘I are a peanut peddler!’
“‘Have you formed or expressed any opinion as to the guilt or innocence of the prisoner at the bar?’
“‘No, I hain’t; never hearn tell of the concern afore.’
“‘Where do you reside?’
“‘T’other side ov the bayou.’
“‘What is your age?’
“‘Don’t ‘zactly know – suppose summer about thirty, forty or fifty!’
“‘Are you a married man?’
“‘Not now – useta was.’
“‘Your wife is dead, then!’
“‘Bless your soul, her sort don’t die!’
“‘Where is your wife?’
“‘She’s livin’ with another feller.’
“‘How does it happen that your wife is living with another man?’
“‘We swapped wives.’
“‘Then you have got his wife, and he has yours?’
“‘Not ‘zactly, because hizen jumped the track and run off with Jim Stitcher.’
“‘Why did you not then take your wife back, when the other woman repudiated the trade?’