Pembroke Howard briefly sketched the State’s case. He said he would show by a chain of circumstantial evidence without break or fault in it anywhere, that the principal prisoner at the bar committed the murder; that the motive was partly revenge, and partly a desire to take his own life out of jeopardy, and that his brother, by his presence, was a consenting accessory to the crime; a crime which was the basest known to the calendar of human misdeeds—assassination; that it was conceived by the blackest of hearts and consummated by the cowardliest of hands; a crime which had broken a loving sister’s heart, blighted the happiness of a young nephew who was as dear as a son, brought inconsolable grief to many friends, and sorrow and loss to the whole community. The utmost penalty of the outraged law would be exacted, and upon the accused, now present at the bar, that penalty would unquestionably be executed. He would reserve further remark until his closing speech.
He was strongly moved, and so also was the whole house; Mrs. Pratt and several other women were weeping when he sat down, and many an eye that was full of hate was riveted upon the unhappy prisoners.
Witness after witness was called by the State, and questioned at length; but the cross-questioning was brief. Wilson knew they could furnish nothing valuable for his side. People were sorry for Pudd’nhead; his budding career would get hurt by this trial.
Several witnesses swore they heard Judge Driscoll say in his public speech that the twins would be able to find their lost knife again when they needed it to assassinate somebody with. This was not news, but now it was seen to have been sorrowfully prophetic, and a profound sensation quivered through the hushed courtroom when those dismal words were repeated.
The public prosecutor rose and said that it was within his knowledge, through a conversation held with Judge Driscoll on the last day of his life, that counsel for the defense had brought him a challenge from the person charged at this bar with murder; that he had refused to fight with a confessed assassin—“that is, on the field of honor,” but had added significantly, that he would be ready for him elsewhere. Presumably the person here charged with murder was warned that he must kill or be killed the first time he should meet Judge Driscoll. If counsel for the defense chose to let the statement stand so, he would not call him to the witness stand. Mr. Wilson said he would offer no denial. [Murmurs in the house—“It is getting worse and worse for Wilson’s case.”]
Mrs. Pratt testified that she heard no outcry, and did not know what woke her up, unless it was the sound of rapid footsteps approaching the front door. She jumped up and ran out in the hall just as she was, and heard the footsteps flying up the front steps and then following behind her as she ran to the sitting-room. There she found the accused standing over her murdered brother. [Here she broke down and sobbed. Sensation in the court.] Resuming, she said the persons entering behind her were Mr. Rogers and Mr. Buckstone.
Cross-examined by Wilson, she said the twins proclaimed their innocence; declared that they had been taking a walk, and had hurried to the house in response to a cry for help which was so loud and strong that they had heard it at a considerable distance; that they begged her and the gentlemen just mentioned to examine their hands and clothes—which was done, and no blood stains found.
Confirmatory evidence followed from Rogers and Buckstone.
The finding of the knife was verified, the advertisement minutely describing it and offering a reward for it was put in evidence, and its exact correspondence with that description proved. Then followed a few minor details, and the case for the State was closed.
Wilson said that he had three witnesses, the Misses Clarkson, who would testify that they met a veiled young woman leaving Judge Driscoll’s premises by the back gate a few minutes after the cries for help were heard, and that their evidence, taken with certain circumstantial evidence which he would call the court’s attention to, would in his opinion convince the court that there was still one person concerned in this crime who had not yet been found, and also that a stay of proceedings ought to be granted, in