CHAPTER XXI
THE TRIAL
On the morning of the tenth, Senator Warren had difficulty in reachingthe office building on Fourteenth Street, where Nancy's trial was to beheld. The official news of Lee's surrender had just been received atthe Capitol, and the streets were jammed with excited, cheering crowds.Despite the drizzling rain, groups of citizens paraded, singing "OldHundred" with more fervor than harmony, and military bands added theirdin to the confusion. As far as the eye could see, flags and gaybunting waved from every public building and residence.
As Warren pushed his way through a crowd of negroes, who were almostdelirious with joy, he heard the boom of the distant guns in thefortifications about Washington firing the two hundred salutes orderedby Secretary Stanton. On entering the long room assigned for the use ofthe court, he found the members of the military commission hadassembled. Warren already knew Colonel Andrews, who, by the seniorityof his rank, was the president of the commission, and they exchanged afew words of greeting. The colonel beckoned to a tall, bearded officerstanding by the door to approach.
"Senator Warren, let me introduce Captain Foster, the judge advocate."
The two men examined each other covertly and with keen interest; theyboth realized the gravity of the struggle before them--a young girl'slife hung in the balance--as they gravely shook hands.
"If you are ready, Mr. Senator, we will call the court to order, as weare already very late, having been detained by the celebration of Lee'ssurrender," said Foster courteously. "The necessary witnesses are inthe next room, and the sergeant tells me the prisoner is downstairsunder guard."
At that moment a young man came into the room, and, seeing Warren,strode over to him.
"Good morning, Dwight," said the senator. "Colonel Andrews--CaptainFoster--this is my colleague, Mr. Dwight, a member of the WashingtonBar, who will assist me in my defence of Miss Newton. I am quite readyto commence at once, Captain Foster."
In the meantime the seats provided for the spectators in the back ofthe room were being rapidly filled. Both Miss Metoaca and Nancy werevery popular in Washington society, and all their friends and relativeswho could procure cards of admission from the authorities had arrivedearly so as not to miss any of the proceedings.
A long table with writing materials on it had been provided for the useof the members of the court, and a smaller one for Nancy and hercounsel was placed near it. Facing the two tables was a chair for thewitnesses, and beyond that another small table for the use of thereporters.
The officers, who wore their full-dress uniforms and side arms, weresoon seated about the table, with the presiding officer, ColonelAndrews, at the head, and the judge advocate, Captain Foster, inundress uniform, facing him at the foot. At a signal from the judgeadvocate, one of the orderlies in attendance stepped to the door andspoke to the sentry.
In a few minutes, Nancy was ushered into the room by the provostsergeant of the guard. Warren rose instantly, and escorted her to herseat, and his eyes flashed in admiration of her poise and beauty.
Tranquilly and with dignity, she returned the salutes of the officers;if she had been receiving them in her own drawing-room, her mannercould not have been more composed.
Mrs. Warren, who sat between Mrs. Arnold and Mrs. Bennett, noticed withpitying heart the deep shadows under Nancy's eyes and the hollows inher white cheeks. She bent forward, and impulsively kissed her hand toNancy when the latter looked wistfully at her, and was promptly rebukedby the presiding officer. Nancy had hoped that her aunt would bepresent, but Warren had decided to call Miss Metoaca as one of thewitnesses for the defence, and therefore she could not attend thehearings.
The judge advocate rapped for order; then rose and signed to Nancy todo likewise as he read from a paper in his hand:
"Special Orders } War Department, No. 576 } Office of the Adjutant-General, } April 8th, 1865.
"4 ... A Military Commission is appointed to meet in the City of Washington, District of Columbia, at nine o'clock on Monday, April 10th, 1865, for the trial of Miss Nancy Newton.
"Detail for the Commission
"Colonel Andrews U.S. Volunteers Major Charles Lane U.S. Veterans Reserve Corps Captain John Taylor 1st Squadron Provisional Cavalry Lieutenant Joseph Clarke 1st Mass. Heavy Artillery Lieutenant Henry Wells 1st N.H. Heavy Artillery Lieutenant Harvey Slocum 3rd Mass. Heavy Artillery Lieutenant James Phillipse 2nd District Volunteer Cavalry Captain George Foster --th U.S. Infantry, Judge Advocate and Recorder.
"A greater number of officers cannot be assembled without manifest injury to the service at this time.
"By command of the President.
"E. D. TOWNSEND, _Assistant Adjutant-General._"
"Prisoner," the judge advocate turned and faced her directly, "do youobject to being tried by any member of this commission?"
"No, sir," answered Nancy calmly.
The officers all rose and stood, while the judge advocate went throughthe long ceremony of swearing in the court and then the reporter.Colonel Andrews in turn administered the oath to the judge advocate.After the officers had resumed their seats there was a slight pausewhile the judge advocate searched among his papers. Finding what hewanted, he again faced Nancy, who had remained standing, and read in avoice that was clearly heard through the room:
"Charges and specifications against the prisoner, Miss Nancy Newton.
"Charge 1st.--Violation of the 82nd Article of War:
"Specification.--In this that the said Nancy Newton on or about the 23rd day of February, 1865, was found acting as a rebel spy in or near Winchester, Va., the Headquarters of the U.S. Middle Military Division, Major-General Sheridan commanding.
"GEORGE LLOYD, _Captain, U.S. Secret Service, Officer Preferring Charges._
"Charge 2nd.--Murder in violation of the 58th Article of War:
"Specification.--In that the said Nancy Newton, being in fear of arrest within our lines as a spy by order of the said Captain Lloyd, who had secured proof of her guilt, did, feloniously and with malice aforethought, kill the said Captain Lloyd on Monday, the 6th day of March, 1865."
"Prisoner, what say you to these charges and specifications?"
"Not guilty, sir," Nancy answered, without a tremor, and she reseatedherself by Warren's side.
Symonds was the first witness called. After he had been duly sworn, thejudge advocate began his direct examination.
"Your name and occupation?"
"John Symonds, serving as United States Secret Service agent underColonel Lafayette C. Baker."
"How long have you been in that service?"
"I have been with Colonel Baker ever since the Bureau was firstestablished."
"Do you recognize the accused?"
"I do, sir." Symonds glanced hastily at Nancy, then averted his eyes.
"State under what circumstances you have known her?"
"Captain Lloyd, my superior officer, had reason to believe that MissNewton was a rebel spy, and I was detailed to watch her movements."
"Do you know what first led Captain Lloyd to suspect the accused?"
"Yes, sir. On the twenty-seventh of December, 1864, I accompanied thecaptain to Poolesville. While on our way there we met a Federalcavalryman riding toward Washington, who said he carried despatches toAdjutant General Thomas. When Captain Lloyd demanded to see thedespatch, the supposed trooper managed to make his escape, after firstknocking the captain senseless from his horse. As he dashed up theroad, his horse swerved toward the woods skirting the road, and alow-hanging branch knocked his hat off, and I discovered the rider wasa woman."
A low murmur of surprise from the spectators interrupted Symonds, andthe president rapped on the table with his sword hil
t. "Those presentmust be silent," he announced, "or the room will be cleared."
"What led you to think the rider was a woman in disguise?" asked thejudge advocate, after silence had been restored.
"By the long hair which fell down her back below her waist."
"You say she escaped. How did that happen?"
"Her horse was fresh, mine lame, and the captain's worn out. It wasimpossible for me to overtake her. I soon gave up the chasediscouraged, and returned to Captain Lloyd, whom I found lyingsenseless where he had fallen. I rode to Poolesville, procured a horseand wagon, and brought Captain Lloyd back to this city. But beforedoing so I picked up the spy's hat, and on examining it found a numberof hairs sticking to the inside. They were of a peculiar color." Heglanced significantly at Nancy. "Captain Lloyd and I both agreed thatthey exactly matched Miss Newton's hair."
"Produce the hairs," ordered the judge advocate.
"I can't, sir," reluctantly. "I gave them to Captain Lloyd, and I don'tknow what he did with them."
The judge advocate, who had entered all questions and answers in thebook before him, paused and gazed blankly at Symonds for a moment; thenresumed his examination.
"When did you last see Captain Lloyd?"
"On the afternoon of Monday, the sixth of last March. He had justreturned from Winchester."
"Did he speak of the accused?"
"He did, sir."
"In what way?"
"He told me," Symonds cleared his throat, and spoke impressively, "thathe had absolute proof that Miss Newton was a rebel spy."
"Did he make that statement in the privacy of his room, or in thepublic hall?"
"In the hall, sir."
"In a voice that could be overheard?"
"Yes, sir."
"Did Captain Lloyd state what that proof was while you were in thehall?"
"No, sir; but he _did_ tap his chest and said he had it there."
"Did you see anyone in the hall?"
"No, sir; the hall where we stood was empty except for the captain andmyself."
"In your opinion, did Captain Lloyd speak loudly enough to be overheardby persons on the floors above or below where you were standing?"
Warren started to his feet. "I object to that question."
"Objection not sustained," ruled the president. "The question isrelevant. Continue, Mr. Judge Advocate."
"Answer my last question, Symonds," directed the judge advocate.
"In my opinion, he could easily have been overheard," declared Symondspositively.
"When Captain Lloyd told you in the hall that he had absolute proofthat the accused was a rebel spy, did he mention her by name?"
"No, sir."
"Did he speak of this spy in such a way that _anyone_ would know towhom he alluded."
Symonds reflected for a moment. "No, sir; he did not," he answeredfinally.
"Did you go with Captain Lloyd into his sitting room?"
"Yes, sir."
"State to the court what occurred then."
"Captain Lloyd showed me a despatch which he had taken from the deadbody of a rebel officer, Major George Pegram. The captain declared thisdespatch was given to Pegram by the accused; that she understood theMorse code, and had taken the message verbatim from the wire, havingbeen in the telegraph office at the time it was received."
"Have you that despatch, Symonds?"
"No, sir. I handed it back to Captain Lloyd."
"What did he do with it?"
"He replaced it in his wallet, and put that in the inside pocket of hiscoat."
"Can you recollect the words of the despatch?"
"No, sir; I cannot. It was in cipher, and the words made no sense thatI could understand; secondly, I only saw it for a second."
"Would you recognize the handwriting if you saw it again?"
"I think I would, sir," but Symonds looked dubious.
The judge advocate picked up several sheets of paper, apparently tornfrom a notebook, and handed them to the Secret Service agent.
"Did the writing of the despatch resemble any of these specimens of theprisoner's handwriting?" he asked.
Symonds studied the papers intently; then shook his head. "No, sir."
Mrs. Bennett, who had bent forward, the better to hear Symonds' answer,sank slowly back in her chair. The judge advocate's manifest surprisewas reflected in her face. She paid no attention to his next question;her busy brain was occupied in planning to get instant word to ColonelBaker that, in her opinion, Symonds was deliberately lying to shieldNancy.
"State to the court as briefly as possible what occurred after youreturned the despatch to Captain Lloyd," ordered the judge advocate.
"The captain told me to report to Colonel Baker that he possessed newevidence, which would hang Miss Newton. He said I was to explain toColonel Baker that he had been five days in the saddle and wasexhausted from lack of sleep, and that he was obliged to rest thatafternoon, as he could not keep awake any longer, or words to thateffect."
"One moment," interrupted the judge advocate. "Did all thisconversation take place in Captain Lloyd's room, and was the hall doorclosed?"
Symonds considered a second before replying. "The door was closedduring our interview in the room," he said thoughtfully, "but Idistinctly recollect he told me, _after_ I had stepped into the hall,that he was going to lie down and that I was to be sure and send forhim when the accused was arrested because he 'would sleep like thedead.'"
Nancy stole an anxious glance at Warren's impassive face, for theeffect of Symonds' testimony on the court was only too apparent; butthe senator was staring steadily at the witness and paid no attentionto his client. She sank back in her chair with a deep sigh.
"Do you think these last remarks of Captain Lloyd could have beenoverheard?"
"Yes, sir. The captain did not trouble to lower his voice."
"Did you obey the captain's orders, Symonds?"
"I did, sir. I met Colonel Baker on his return from Baltimore. Afterconsulting with the Secretary of War, he sent me to tell Captain Lloydto join him at the War Department."
"Describe what took place when you reached Captain Lloyd's room thatnight," directed the judge advocate; and Symonds gave a dramaticaccount of the discovery of Lloyd's dead body and Goddard's unconsciousform. When he had finished, the judge advocate continued his questions.
"Were any chairs or tables overturned in the room, as if there had beena fight?"
"No, sir; not one."
"You say Captain Lloyd was apparently sleeping naturally in bed.Explain your meaning a little more clearly."
"Why, sir, he was lying there on his side covered by a bed quilt.Anyone would have thought, as I did, that he was still asleep."
"Did you send for a doctor?"
"I did, sir. Doctor Ward arrived a few moments before the provostmarshal."
"Did you search for the important despatch?"
"I did, sir; but without finding a trace of either the pocketbook orthe despatch."
"Where did you find the coat Captain Lloyd had worn that afternoon?"
"Hanging on the back of the chair by his bed."
"What did you do when the provost marshal arrived?"
"I turned the rooms over to him, left Doctor Ward in charge of MajorGoddard, and hastened to the War Department to report to the Secretaryof War."
The judge advocate walked over and conferred with Colonel Andrews; thenturned back and addressed Warren courteously.
"I have finished, Mr. Senator. Do you wish to cross-examine thewitness?"
Warren nodded in the affirmative, glanced over his notes, then handed aslip of paper to the judge advocate, who read the question aloud as hepasted it in the book in front of him.
"What proof have you, beyond Captain Lloyd's word, that he _took_ thatdespatch from the dead confederate, Major Pegram?"
"None, sir," exclaimed Symonds, much astonished.
"Would you question a dead man's word, Mr. Senator?" inquired the judgeadvocate sharply.
"And I contend, sir," exclaimed the judge advocate, "that Symonds'testimony is direct evidence. He saw the despatch in Captain Lloyd'shand."
"You are right there, sir," said Warren courteously. "But Symonds _didnot see_ Captain Lloyd take that despatch from the dead body of theConfederate. He believes that that paper was taken from Major Pegramonly because Captain Lloyd _told him so_--and _that_, sir, is hearsayevidence. And I demand in justice to my client, whose life hangs in thebalance, that hearsay evidence be not accepted in this trial."
Major Lane hastily scribbled a few lines, and handed the paper to thejudge advocate, who immediately read the question aloud:
"What induces you to think, Mr. Senator, that Captain Lloyd, a man ofintegrity and standing, would manufacture evidence against theaccused?"
"Because of his known animosity toward her," was the prompt reply, "inproof of which I have direct evidence to offer to this court."
The judge advocate, however, stuck to his argument, and a quick war ofwords followed, during which Colonel Andrews bent forward and consultedMajor Lane in an undertone; then came the brief order: "Clear thecourt." Warren and the judge advocate ushered Nancy into a small vacantroom, while the spectators were bundled unceremoniously into the hall.
The fresh air in the hall was a relief after the stuffy atmosphere ofthe courtroom. Mrs. Warren and her two friends pushed their way to theend window, opened it, and leaned out, the better to cool their flushedfaces.
"I fear, I greatly fear, Nancy is very deeply involved in thismysterious tragedy," murmured Mrs. Bennett, so that she would not beoverheard by others in the crowd.
"It looks that way," agreed Mrs. Warren sadly. "Still, I firmly believein her innocence. If the court refuses hearsay evidence, they cannotthen prove that Nancy had a motive for killing Captain Lloyd."
"My husband declares that a military court is the fairest and mostimpartial tribunal in the world," pursued Mrs. Bennett. "Hark! What isthat music?" A band, preceding its regiment, had wheeled intoFourteenth Street, some blocks below, and was marching toward them. Thestrains of music, at first faint, grew louder in volume. "Itis--yes--it _is_ 'Dixie'!"
"It's the first time in four years that that tune has been heard in thenation's capital," declared Mrs. Warren excitedly.
"President Lincoln has just said we captured it along with Richmond,and that 'Dixie' is national to-day," laughed a staff officer, who hadjust entered the building. "Is the hearing over for this afternoon,ladies?"
"I wish it was," sighed Mrs. Arnold. "We dine at four, and...."
Her words were interrupted by the opening of the folding doors. Theclosed session was over. Nancy, accompanied by the judge advocate andher counsel, preceded the crowd back into the courtroom.
"The court in this instance, when so grave an issue is at stake, hasdecided not to accept hearsay evidence," announced the presidingofficer, as soon as all noise in the room had ceased.
Warren drew a long breath of relief. "Then I demand that Symonds'testimony relating to the despatch be stricken from the records."
"Not so fast, Mr. Senator," sternly admonished the colonel. "It ispossible to get direct evidence in regard to Captain Lloyd's capture ofthat despatch. You forget, sir, that he was accompanied by Belden, oneof Colonel Young's scouts. Mr. Judge Advocate, you are directed by thecourt to telegraph to General Sheridan's headquarters, requesting thatthe said Belden be detached and sent back to Washington to testifybefore this court; or, if that is not possible, that his deposition inthe matter be taken and forwarded to us. It is three o'clock,gentlemen; the court will adjourn until to-morrow morning."
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