In the meantime, attorney M. B. Blaustein had sent Elise Jager a baffled look. And now she, hiding her words behind her hand, was telling him something that made him abruptly swivel toward the judge.
"Your Honor," said the attorney, in a voice less confident than that of his previous statements, "we filed as petitioners, sir, and we have the right to be heard first. Therefore I urgently request, again, that this hearing be scheduled on the court's calendar no sooner than next week."
"Mr. Polk," said Judge Endicott, "is it my understanding that you wish to call this witness now?”
"If you please, Your Honor," Polk responded in an excessively deferential manner that Glynis found grating. "There is considerable legal precedent, sir, for allowing a witness to be called out of turn."
"I am aware of the legal precedent, counselor," returned the judge. Therein followed a long silence while Judge Endicott again removed his spectacles, this time examining them minutely as if for flaws. He finally replaced them, saying, "Under the circumstances, Mr. Polk, and since your witness is not a resident of this county, it makes sense to allow him to testify today."
"Thank you, Your Honor!"
"But sir," Blaustein argued, "I've had no time to prepare for—"
"You'll have opportunity next week, Mr. Blaustein," came a short reply from the judge. "I hereby schedule the testimony of the witness Mr. Noyes, in this custody proceeding, for three o'clock this afternoon. Mr. Clerk, continue the calendar call."
Instead the clerk handed the calendar up to him.
This time Judge Endicott scowled and said, "It seems we have yet another item today which concerns Tamar Jager, one just added to the calendar. You might want to remain for this with your client, Mr. Blaustein. You, too, Mr. Polk."
The judge nodded to the clerk, and sat back in his chair, reaching under his robe to withdraw a white handkerchief. Glynis had no doubt for what purpose it would be used.
The clerk read, "Petition for protective custody of Tamar Jager, submitted by the constable of Seneca Falls, Cullen Stuart."
"All right, Constable Stuart," said Judge Endicott, employing the handkerchief with vigor to his spectacles. "What is this about?"
Cullen, who had already walked to the bench, answered, "Your Honor, I am requesting protective custody for the girl, pending her recovery from shotgun wounds. Since she has made a confession—whether under extenuating circumstances or not—she should, theoretically, be locked up. But Dr. Cardoza-Levy has said the girl isn't well enough to be removed from medical care at this time."
"Is that true, Doctor?" asked Judge Endicott.
"Yes, Your Honor. She is absolutely in need of medical care."
"I anticipate," said the judge, replacing his handkerchief and his spectacles, "that we have the potential for a murder trial here. For how long will this medical need exist?"
"I can't say exactly, sir. The girl is extremely malnourished"—Neva shot a glowering look at Orrin Polk— "and that will certainly retard the healing process."
Judge Endicott turned to Cullen. "What is your suggestion, Constable?"
"That Dr. Cardoza-Levy be granted protective custody at this time," Cullen answered.
"Mr. Merrycoyf," the judge said, "do you have any objection?"
Merrycoyf again hoisted himself to his feet. "None whatsoever, Your Honor. It is, I believe, a most satisfactory solution." That said, he sat down rather heavily.
"Excuse me, sir," M. B. Blaustein interjected as he came forward again, "but I understood that custody of Tamar Jager was to be decided upon the petition of my client. Since her daughter has confessed to murder, Your Honor, Mrs. Jager wants to be sure she will take part in selecting the best legal defense available."
She already has the best, Glynis thought with some irritation.
And indeed, Judge Endicott gave Elise Jager a wry smile, and said, "You needn't worry on that account, madam."
Orrin Polk's long neck snaked forward as he immediately objected. "Your Honor, with all due respect to my colleague, Mr. Merrycoyf, my client will most certainly want an attorney of his own choosing. For his daughter, sir."
Off came the spectacles. After which Judge Endicott appeared to be staring into space. What he saw there remained a mystery until, the spectacles again in place, he asked, "Does anyone here know the story of the judicious biblical king Solomon?"
Glynis, despite her anxiety, had to smile at the singular aptness of his question. The judge evidently saw the smile, as he nodded to her, saying, "Yes, I expect a librarian would know."
He leaned over the bench toward the clerk and said, "Until I've ruled on the petition of Mrs. Elise Jager, I direct that protective custody of Tamar Jager be granted to Dr. Cardoza-Levy. And we will now adjourn until the proceeding scheduled for three o'clock."
23
When the will of God is done on earth as it is in heaven, there will be no marriage …In a holy community, there is no more reason why sexual intercourse should be restricted by law, than why eating and drinking should.
—John Humphrey Noyes, 1837
A short time later Glynis again entered the courtroom, but Merrycoyf, together with Neva and Cullen, had pleaded the necessity of returning to Seneca Falls. M. B. Blaustein had opportunely requested and received from Merrycoyf permission to speak with Tamar Jager; the lawyer offered Glynis transport if she wished to stay in Waterloo for the afternoon hearing. Since she thought there could be something to learn here, she accepted his offer.
After taking the seat she had earlier occupied, only a minute or two passed before Elise Jager, looking strained, and M. B. Blaustein, looking preoccupied, filed back into the room. They were followed by the tall, seemingly unconcerned John Humphrey Noyes. Orrin Makepeace Polk entered alone. And deservedly so, Glynis thought.
She was scolding herself for this meanness when the Waterloo bailiff appeared, shouting "Oyez! Oyez! Let all who have business before the court come forward and you shall be heard. All rise."
When Judge Endicott had settled himself on the bench, the small group reseated themselves. Apparently satisfied that his spectacles were securely placed, at least for the time being, the judge straightened. At which point Orrin Polk sprang to his feet to say, "Your Honor, may I approach the bench?"
"We haven't begun yet," said Judge Endicott, frown already restored.
"No, sir, but I have a matter that I would like Your Honor to address before we do," stated Polk.
"Very well, come forward."
If Polk expected a private conference, Glynis guessed he must have been disappointed when Judge Endicott motioned for M. B. Blaustein to join them. There followed several minutes of hushed but apparently lively conversation, which Glynis strained unsuccessfully to overhear.
Judge Endicott then addressed the courtroom, which consisted of the bailiff, the clerk, the two lawyers, Elise Jager, John Humphrey Noyes, and Glynis. Not exactly a standing-room-only crowd, she thought, her curiosity aroused.
"It has been brought to my attention," Judge Endicott announced, and Glynis found to her surprise that he was looking straight at her, "that portions of today's testimony may prove inappropriate for the tender sensibilities of a lady. Since one of the only two ladies present is directly involved in this hearing, the caveat would seem to be directed at you, Miss Tryon."
Glynis was so dumbfounded that she couldn't even respond. She just sat there, assuming she must look like a simpleton, and thinking that now wild horses couldn't drag her from this room. However, she could not think how to phrase this in unmistakable but, of course, lady-like manner.
"Would it be safe to assume, Miss Tryon," asked Judge Endicott, and she saw a twitch at the corners of his mouth, "that as a librarian you may occasionally have contact with material that would not be, shall we say, seemly for those with delicate constitutions?"
"That would be safe to assume, Your Honor," Glynis managed to reply.
"Then you are capable of exercising your own judgment in this matter. Needless to
say, if you are at any time offended, you should leave."
Glynis nodded, murmuring "Thank you, sir," but decided that this was a damned-if-she-did, damned-if-she-didn't proposition: if she left she would miss the promising testimony; if she didn't, she would be branded less than a lady. But probably only by the ignominious Polk. He had brought up the subject, she'd wager anything, to embarrass her and, by association, Polk's nemesis Jeremiah Merrycoyf.
"Therefore," Judge Endicott was now saying, "since everyone has been well and truly cautioned, I would like to think we can at last move forward. Mr. Blaustein, do you have something to say regarding your client's custody petition before Mr. Polk's witness is called?"
"Yes, Your Honor."
"Proceed."
M. B. Blaustein rose and went forward to stand before the bench. "I would like to again state for the record, Your Honor, that I need opportunity to investigate this situation with thoroughness. Petitioner's daughter was sold into servitude by her husband, the girl's father, Derek Jager. Against the express wishes of my client."
"Objection!" declared Polk. "Your Honor, that is irrelevant."
"It is not irrelevant, Mr. Polk," responded the judge. "This application is governed by Section 9 of Chapter 90, newly adopted by the New York state legislature." He removed his spectacles and for several minutes shuffled, scowling, through a stack of papers, until he raised his head to ask, "Mr. Blaustein, do you by chance have at hand that section of Chapter 90?"
"I do, Your Honor." Blaustein quickly went to his table to the right of the bench and, almost immediately, extracted several sheets of paper from a folder.
"Please read the pertinent section into the record, Mr. Blaustein," directed the judge, donning his spectacles.
Blaustein began, "Chapter 90 is entitled 'An Act Concerning the Rights and Liabilities of Husband and Wife.' And Section 9 states: 'Every married woman is hereby constituted and declared to be the joint guardian of her children, with her husband, with equal powers, rights, and duties in regard to them, with the husband.'"
"Your Honor," protested Polk, "that new legislation will unquestionably be ruled unconstitutional, and hence overturned. Women are not by nature suited for the responsibility which that law entails. It passed only because of disruptive public pressure brought to bear by rebellious females who are unworthy of motherhood to begin with."
'That will be enough, Mr. Polk," remarked Judge Endicott, although Glynis wished he did not look quite so amused. "Let us have no more lobbying."
Polk sat down, but looked not in the least chastened. Glynis wished she had the standing to object to Polk’s outrageous polemic. Neva, if present, would likely have challenged him to a duel.
"Proceed, Mr. Blaustein," directed the judge
Blaustein, not visibly intimidated but clearly irritated by this exchange, continued, "Your Honor, in the course of Tamar Jager’s servitude, the girl became mute. The reason for this phenomenon is at present unknown, but the matter deserves thorough investigation. And, in addition, there is a further complication. The girl's father, Derek Jager, was a business associate of the recently deceased Roland Brant."
Judge Endicott whipped off his spectacles and stared at Blaustein for a moment before turning his stare on Polk, and asking, "Is this true, counselor?"
"Yes, but the only relevance it has here is that the death of Roland Brant has precipitated Mr. Jager's natural concern for his daughter's future welfare."
Glynis, unsuccessful in restraining her muffled groan, found herself the recipient of Judge Endicott’s lifted brows. Nonetheless, Polk's statement raised in her mind the question of why Derek Jager was contesting this custody request by the girl's mother. Retribution against his wife? Pride? Or so that he could sell Tamar to someone else?
"As you see, Your Honor," Blaustein concluded, "it is imperative that these important issues be scrupulously examined before custody is awarded. I thank you, sir."
Polk was on his feet even before Blaustein sat down. Judge Endicott made a few notes, then said, "Very well, Mr. Polk, proceed. No, on second thought, first I want to know why your client indentured his daughter."
"The long and the short of it, Your Honor, was that my client took this action to protect the girl—indenturing her to one of the leading families in this county—because his wife was then, and remains now, an unfit mother."
Glynis risked a glance at Elise Jager, who, although pale, sat in rigid silence.
When Blaustein rose to object, Judge Endicott waved him back into his chair. "May I assume that we will have substantive evidence of that serious charge, Mr. Polk?"
"Yes, Your Honor, and to that purpose I would like Mr. John Humphrey Noyes called to the stand."
Judge Endicott peered over his spectacles and said, "Mr. Noyes, please come forward."
After Noyes was sworn in, he settled himself into the witness chair with aplomb. At the same time, he radiated an almost palpable energy, as if at any moment he might spring from the chair like a jack-in-the-box. The pugnacious thrust of his chin, which Glynis had noted earlier, did not appear to have receded.
Mr. Polk began, "What is your name and place of residence, sir?"
"John Humphrey Noyes, and I reside in Oneida, New York."
The man's manner was affable and his voice pleasant. Both held warmth and a controlled intensity.
"Did you receive a subpoena requiring you to appear today, Mr. Noyes?"
"You should know, Mr. Polk, since you ordered it," the man responded, smiling.
Polk said to the judge, "May I instruct the witness to answer yes or no, Your Honor?"
Judge Endicott, beginning to show signs of strain, answered, "I think I can gather that this is a hostile witness, if that's what you're after, Mr. Polk. Now please get on with it."
"Mr. Noyes," continued Polk, "are you a friend of the petitioner, Elise Jager? Answer yes or no."
"Yes and no, Mr. Polk."
"Your Honor—"
"Yes, yes, Mr. Polk," sighed the judge. "Mr. Noyes, please answer the question."
"I am Elise Jager's spiritual advisor," replied Noyes.
Polk started to protest, but a look from Judge Endicott cut him short. "Very well, Mr. Noyes," Polk snapped. "You are Elise Jager's spiritual advisor?"
"That is what I said."
"And was it in the capacity of spiritual advisor that you spent last evening in the company of Mrs. Jager? In her Seneca Falls’ hotel room?"
"Yes," said Noyes blandly.
There was no doubt that Polk now had Judge Endicott's complete attention.
"Isn't it a fact, Mr. Noyes," Polk went on after a melodramatic pause, "that you have known Elise Jager for many years?"
"Yes, for some years."
"Did you know her when she was performing as an actress in New York City, Mr. Noyes?" Polk asked with a curl of his lip.
"Yes."
Ah, thought Glynis, that answered some of her questions. She glanced at Elise Jager who sat ramrod straight with her eyes trained on Polk as if awaiting an entrance cue. While actresses were seldom viewed with favor, Glynis doubted that this in itself would sway Judge Endicott. Although a man who evidently eschewed newspapers, she knew his reading taste to be cosmopolitan.
Polk, with a quick look at his notes, then asked, "Isn't it a fact, Mr. Noyes, that Elise Jager followed you to the Oneida Community?"
"Elise Jager follows God, Mr. Polk, which is why she came to us at Oneida," Noyes answered with amiable calm.
"Oh, yes, God," Polk intoned, gazing upward. "And is it true, Mr. Noyes, that you claim to have direct communication with God?"
"I wait and watch for indications of God's will."
"So your answer is yes?"
"I am the spiritual father and liberating authority of the family at Oneida, just as God is the—"
"Thank you," interrupted Polk, "for that succinct description of your position in the commune. And as father of the family, and one called upon to relay God's intentions, did you draw up
something for your children called 'Rules for Sexual Intercourse?'"
Judge Endicott, who had begun to reshuffle his papers, stopped short.
"I did, yes," answered Noyes.
"And isn't it true that members of your family indulge in unrestrained sexual activity?"
"On the contrary, restraint is what my rules address. I alone have the spiritual authority to ensure that godliness prevails in sexual relations."
While Polk looked gleeful, Glynis observed that Judge Endicott seemed to look ... wary.
"Mr. Noyes, isn't it a fact that you do not permit marriage in your community?"
"Not in the conventional sense, that is true, because marriage encourages selfish love. We follow the doctrine of what we term complex marriage."
"Yes, it certainly must be complex," agreed Polk, "what with women and men indulging themselves sexually whenever the spirit moves them. And isn't it a fact, Mr. Noyes, that they are urged by you to do so?"
"It is a natural function—"
"Ah, yes, natural" said Polk. "I believe you have stated that carnal activity should be approached in the same manner as eating and drinking, correct?"
"Not quite, Mr. Polk, but it is another expression of God's love for us."
"For us," Polk repeated. "But isn't it true, Mr. Noyes, that at Oneida young girls at puberty are introduced to sexual practices by you personally? Isn't that contrary to your protestations of unselfishness?"
M. B. Blaustein rose to say, "Your Honor, I object. Surely this salacious line of questioning is irrelevant."
"I will sustain that objection," Judge Endicott ruled. "Mr. Polk, do you suppose that at some point you will share with the court what exactly this has to do with the subject of today's hearing? Which was not scheduled, to my knowledge, to offer a discourse on sexual codes, however interesting they may be."
"Your Honor, there is relevance here, and I will get to that."
"Please get to it soon, Mr. Polk."
Must the Maiden Die Page 24