University of Virginia Library

29. CHAPTER XXIX.
NEW EVIDENCE.

Elwood accompanied Joseph to the prison where he was
obliged to spend the night, and was allowed to remain with
him until Mr. Pinkerton (who was endeavoring to reach
Philip by telegraph) should arrive.

Owing to Rachel Miller's forethought, the bare room was
sufficiently furnished. There was a clean bed, a chair or
two, and a table, upon which stood a basket of provisions.

“I suppose I must eat,” said Joseph, “as a matter of
duty. If you will sit down and join me, Elwood, I will
try.”

“If I could have that fellow Spenham by the throat for
a minute,” Elwood growled, “it would give me a good appetite.
But I will take my share, as it is: I never can think
rightly when I'm hungry. Why, there is enough for a picnic!
sandwiches, cold chicken, pickles, cakes, cheese, and
two bottles of coffee, as I live! Just think that we're in a
hotel, Joseph! It's all in one's notion, leastways for a single
night; for you can go where you like to-morrow!”

“I hope so,” said Joseph, as he took his seat. Elwood
set the provisions before him, but he did not touch them.
After a moment of hesitation he stretched out his hand and
laid it on Elwood's shoulder.

“Now, old boy!” Elwood cried: “I know it. What
you mean is unnecessary, and I won't have it!”

“Let me speak!”

“I don't see why I should, Joseph. It's no more than I
guessed. She didn't love me: you were tolerably near together
once, and if you should now come nearer—”

But he could not finish the sentence; the words stuck in
his throat.

“Great Heaven!” Joseph exclaimed, starting to his feet;
“what are you thinking of? Don't you see that Lucy Henderson
and I are parted forever by what has happened to-day?
Didn't you hear her say that she overcame the tenderness
which might have become love, as I overcame mine for her?
Neither of us can recall that first feeling, any more than we
can set our lives again in the past. I shall worship her as
one of the purest and noblest souls that breathe; but love
her? make her my wife? It could never, never be! No,
Elwood! I was wondering whether you could pardon me
the rashness which has exposed her to to-day's trial.”

Elwood began to laugh strangely. “You are foolish, Joseph,”
he said. “Pshaw! I can't hold my knife. These
sudden downs and then ups are too much for a fellow!
Pardon you? Yes, on one condition—that you empty
your plate before you speak another word to me!”

They were both cheerful after this, and the narrow little
room seemed freer and brighter to their eyes. It was late
before Mr. Pinkerton arrived: he had waited in vain for an
answer from Philip. Elwood's presence was a relief to him,
for he did not wish to excite Joseph by a statement of what
he expected to prove unless the two witnesses had been really
secured. He adroitly managed, however, to say very little
while seeming to say a great deal, and Joseph was then left
to such rest as his busy memory might allow him.

Next morning there was an even greater crowd in the
court-room. All Joseph's friends were there, with the exception

of Lucy Henderson, who, by Mr. Pinkerton's advice,
remained at the hotel. Philip had not arrived, but had sent
a message saying that all was well, and he would come in the
morning train.

Mr. Spenham, the evening before, had ascertained the
nature of Mr. Linthicum's evidence. The apothecary, however,
was only able to inform him of Philip's desire to discover
the travelling agent, without knowing his purpose. In
the name recorded as that of the purchaser of the poison Mr.
Spenham saw a weapon which would enable him to repay Lucy
for his discomfiture, and to indicate, if not prove, a complicity
of crime, in which Philip Held also, he suspected,
might be concerned.

The court opened at nine o'clock, and Philip could not be
on hand before ten. Mr. Pinkerton endeavored to procure
the examination of Dennis, and another subordinate witness,
before the apothecary; but he only succeeded in gaining
fifteen minutes' time by the discussion. Mr. Ziba Linthicum
was then called and sworn. He carried a volume under his
arm.

As Philip possessed the label, Mr. Linthicum could only
testify to the fact that a veiled lady had purchased so many
grains of arsenic of him on a certain day; that he kept a record
of all sales of dangerous drugs; and that the lady's name
was recorded in the book which he had brought with him.
He then read the entry:—

“Miss Henderson. Arsenic.”

Although Mr. Pinkerton had whispered to Joseph, “Do
not be startled when he reads the name!” it was all the
latter could do to suppress an exclamation. There was a
murmur and movement through the whole court.

“We have now both the motive and the co-agent of the

crime,” said Mr. Spenham, rising triumphantly. “After the
evidence which was elicited yesterday, it will not be difficult
to connect the two. If the case deepens in enormity as it
advances, we may be shocked, but we have no reason to
be surprised. The growth of free-love sentiments, among
those who tear themselves loose from the guidance of religious
influences, naturally leads to crime; and the extent to which
this evil has been secretly developed is not suspected by the
public. Testimony can be adduced to show that the accused,
Joseph Asten, has openly expressed his infidelity; that
he repelled with threats and defiance a worthy minister of
the Gospel, whom his own pious murdered wife had commissioned
to lead him into the true path. The very expression
which the woman Lucy Henderson testified to his having
used in the garden,— `I am sick of masks,' —what does it
mean? What but unrestrained freedom of the passions,—the
very foundation upon which the free-lovers build up their
pernicious theories? The accused cannot complain if the
law lifts the mask from his countenance, and shows his nature
in all its hideous deformity. But another mask, also, must
be raised: I demand the arrest of the woman Lucy Henderson!”

Mr. Pinkerton sprang to his feet. In a measured, solemn
voice, which contrasted strongly with the loud, sharp tones
of the prosecuting attorney, he stated that Mr. Linthicum's
evidence was already known to him; that it required an
explanation which would now be given in a few minutes,
and which would completely exonerate Miss Henderson from
the suspicion of having purchased the poison, or even having
any knowledge of its purchase. He demanded that no
conclusion should be drawn from evidence which would mislead
the minds of the jury: he charged the prosecuting

attorney with most unjustly assailing the characters of both
Joseph Asten and Lucy Henderson, and invoked, in the
name of impartial justice, the protection of the court.

He spoke both eloquently and earnestly; but the spectators
noticed that he looked at his watch from minute to
minute. Mr. Spenham interrupted him, but he continued
to repeat his statements, until there came a sudden movement
in the crowd, near the outer door of the hall. Then
he sat down.

Philip led the way, pressing the crowd to right and left in
his eagerness. He was followed by a tall young man, with
a dark moustache and an abundance of jewelry, while Mr.
Benjamin Blessing, flushed and perspiring, brought up the
rear. The spectators were almost breathless in their hushed,
excited interest.

Philip seized Joseph's hand, and, bending nearer, whispered,
“You are free!” His eyes sparkled and his face
glowed.

Room was made for the three witnesses, and after a brief
whispered consultation between Philip and Mr. Pinkerton,
Elwood was despatched to bring Lucy Henderson to the
court.

“May it please the Court,” said Mr. Pinkerton, “I am
now able to fulfil that promise which I this moment made.
The evidence which was necessary to set forth the manner of
Mrs. Asten's death, and which will release the court from
any further consideration of the present case, is in my hands.
I therefore ask leave to introduce this evidence without any
further delay.”

After a little discussion the permission was granted, and
Philip Held was placed upon the stand.

He first described Joseph's genuine sorrow at his wife's

death, and his self-accusation of having hastened it by his
harsh words to her in the morning. He related the interview
at which Joseph, on learning of the reports concerning
him, had immediately decided to ask for a legal investigation,
and in a simple, straightforward way, narrated all that
had been done up to the time of consulting Ziba Linthicum's
poison record.

“As I knew it to be quite impossible that Miss Lucy
Henderson could have been the purchaser,” he began —

Mr. Spenham instantly objected, and the expression was
ruled out by the Court.

“Then,” Philip resumed, “I determined to ascertain who
had purchased the arsenic. Mr. Linthicum's description
of the lady was too vague to be recognized. It was necessary
to identify the travelling agent who was present; for
this purpose I went to the city, ascertained the names and
addresses of all the travelling agents of all the wholesale drug
firms, and after much time and correspondence discovered
the man,—Mr. Case, who is here present. He was in Persepolis,
Iowa, when the summons reached him, and would
have been here yesterday but for an accident on the Erie
Railway.

“In the mean time I had received the small fragment of
another label, and by the clew which the few letters gave me
I finally identified the place as the drug-store of Wallis and
Erkers, at the corner of Fifth and Persimmon Streets.
There was nothing left by which the nature of the drug
could be ascertained, and therefore this movement led to
nothing which could be offered as evidence in this court,—
that is, by the druggists themselves, and they have not been
summoned. It happened, however, by a coincidence which
only came to light this morning, that—”

Here Philip was again interrupted. His further testimony
was of less consequence. He was sharply cross-examined
by Mr. Spenham as to his relations with Joseph, and
his object in devoting so much time to procuring evidence
for the defence; but he took occasion, in replying, to express
his appreciation of Joseph's character so emphatically, that
the prosecution lost rather than gained. Then the plan of
attack was changed. He was asked whether he believed in
the Bible, in future rewards and punishments, in the views
of the so-called free-lovers, in facile divorce and polygamy.
He was too shrewd, however, to lay himself open to the
least misrepresentation, and the moral and mental torture
which our jurisprudence has substituted for the rack,
thumb-screws, and Spanish boots of the Middle Ages finally
came to an end.

Then the tall young man, conscious of his own elegance,
took his place. He gave his name and occupation as
Augustus Fitzwilliam Case, commercial traveller for the
house of Byle and Glanders, wholesale druggists.

“State whether you were in the drug-store of Ziba Linthicum,
No. 77 Main Street, in this town, on the day of the
entry in Mr. Linthicum's book.”

“I was.”

“Did you notice the person who called for arsenic?”

“I did.”

“What led you specially to notice her?”

“It is my habit,” said the witness. “I am impressible to
beauty, and I saw at once that the lady had what I call—
style. I recollect thinking, `More style than could be
expected in these little places.'”

“Keep your thoughts to yourself!” cried Mr. Spenham.

“Describe the lady as correctly as you can,” said Mr.
Pinkerton.

“Something under the medium size; a little thin, but not
bad lines,—what I should call jimp, natty, or `lissome,' in
the Scotch dialect. A well-trained voice; no uncertainty
about it,—altogether about as keen and wide-awake a
woman as you'll find in a day's travel.”

“You guessed all this from her figure?” Mr. Spenham
asked, with a sneer.

“Not entirely. I saw her face. I suppose something in
my appearance or attitude attracted her attention. While
Mr. Linthicum was weighing the arsenic she leaned over the
counter, let her veil fall forward slightly, and gave me a
quick side-look. I bent a little at the same time, as if to
examine the soaps, and saw her face in a three-quarter position,
as the photographers say.”

“Can you remember her features distinctly?”

“Quite so. In fact, it is difficult for me to forget a
female face. Hers was just verging on the sharp, but still
tolerably handsome. Hair quite dark, and worn in ringlets;
eyebrows clean and straight; mouth a little too thin for my
fancy; and eyes—well, I couldn't undertake to say exactly
what color they were, for she seemed to have the trick—
very common in the city—of letting the lids droop over
them.”

“Were you able to judge of her age?”

“Tolerably, I should say. There is a certain air of preservation
which enables a practised eye to distinguish an old
girl from a young one. She was certainly not to be called
young,—somewhere between twenty-eight and thirty-five.”

“You heard the name she gave Mr. Linthicum?”

“Distinctly. Mr. Linthicum politely stated that it was

his custom to register the names of all those to whom he
furnished either poisons or prescriptions requiring care in
being administered. She said, `You are very particular,
sir;' and, a moment afterward, `Pardon me, perhaps it is
necessary.'—`What name, then?' he asked. I thought she
hesitated a moment, but this I will not say positively;
whether or not, the answer was, `Miss Henderson.' She
went out of the store with a light, brisk step.”

“You are sure you would be able to recognize the lady?”
Mr. Pinkerton asked.

“Quite sure.” And Mr. Augustus Fitzwilliam Case
smiled patronizingly, as if the question were superfluous.

Mr. Pinkerton made a sign to Lucy, and she arose.

“Look upon this lady!” he said to the witness.

The latter made a slight, graceful inclination of his head,
as much as to say, “Pardon me, I am compelled to stare.”
Lucy quietly endured his gaze.

“Consider her well,” said the lawyer, “and then tell the
jury whether she is the person.”

“No considerment is necessary. This lady has not the
slightest resemblance to Miss Henderson. She is younger,
taller, and modelled upon a wholly different style.”

“Will you now look at this photograph?”

“Ah!” the witness exclaimed; “you can yourself judge
of the correctness of my memory! Here is Miss Henderson
herself, and in three-quarter face, as I saw her!”

“That,” said Mr. Pinkerton, addressing the judge and
jury, “that is the photograph of Mrs. Julia Asten.”

The spectators were astounded, and Mr. Spenham taken
completely aback by this revelation. Joseph and Elwood
both felt that a great weight had been lifted from their
hearts. The testimony established Julia's falsehood at the

same time, and there was such an instant and complete
revulsion of opinion that many persons present at once suspected
her of a design to poison Joseph.

“Before calling upon Mr. Benjamin Blessing, the father
of the late Mrs. Asten, for his testimony,” said Mr. Pinkerton,—“and
I believe he will be the last witness necessary,—
I wish to show that, although Miss Lucy Henderson accompanied
Mrs. Asten to Magnolia, she could not have visited
Mr. Linthicum's drug-store at the time indicated; nor,
indeed, at any time during that day. She made several calls
upon friends, each of whom is now in attendance, and their
joint evidence will account for every minute of her stay in
the place. The base attempt to blacken her fair name imperatively
imposes this duty upon me.”

No objection was made, and the witnesses were briefly
examined in succession. Their testimony was complete.

“One mystery still remains to be cleared up,” the lawyer
continued; “the purpose of Mrs. Asten in purchasing the
poison, and the probable explanation of her death. I say
`probable,' because absolute certainty is impossible. But I
will not anticipate the evidence. Mr. Benjamin Blessing,
step forward, if you please!”