Several other witnesses who were eye-witnesses of the occurrence were called, but their testimony disclosed nothing not heretofore elicited.
The case for the prosecution was closed this morning, and the examination of witnesses for the defence was commenced. Abraham Gladden testified that he has known Miss Cairnes intimately ever since she was born; her general character is as good as can be in every respect; her social position is very good; never heard of any complaints; thinks she has no superior in the neighborhood; that she is kind and gentle and modest and charitable, and very active in cases of sickness, death, and Sunday School celebrations.
Thomas M. Catheart also testified as to the good character of the prisoner.
Thomas M. Bay testified—Live in the neighborhood of Miss Cairnes; have known here all her life; am a connection of her family; she is the daughter of my niece; our families have been somewhat together; know her intimately; her character is very respectable; never heard a word derogatory to her character until this came out; she was remarked as a modest young lady; never heard of her being other than charitable and kind in disposition; she has lived with her mother since her father’s death; was still living there up to this occurrence.
Thomas Hope, Rev. Thomas Myers, Rev T.S.C. Smith, William Hope, John Rush Street and several others testified to the good character of the prisoner, her mildness, amiability, and zealousness in the works of charity, &c.
Gabriel Smithson sworn—I have known Miss Cairnes intimately for about twenty years; she visited my daughters frequently, her mother’s house being only half a mile from mine; I never heard her general reputation questioned; I was at Jarrettsville at the time of the occurrence and saw the firing; saw McComas on the porch; saw Miss Cairnes appear at the door and shout instantly; she looked pale, and her manner appeared wild and resolute; her expression was quite different from what it formerly had been; after the thing was over, I told the people I thought she was crazy. And would take her own life before morning; the whole affair occupied only half a minute.
Mrs. Mary A. Cairnes, mother of the prisoner, sworn—Knew Nicholas McComas for seven years: he was engaged to be married to my daughter, applied normally to witness for her consent to the engagement.
The State here objected to the witness deposing to the declarations of McComas, as not tending to show the guilt or innocence of the prisoner.
After discussion, the Court decided that the antecedent relations of the parties could be given as evidence, and Mrs. Cairnes continues: McComas was received into the family as an accepted suitor; dresses were made up and other preparations made for the marriage; no time was set; McComas put it off on various frivolous pretexts from one time to another; McComas finally appointed a day in November last for the marriage, but never came to the house afterward; my daughter suffered much distress of mind in consequence of this action; wept and shed tears; witness’ daughter is now the mother of a child; McComas was aware of the fact when he last promised to marry her; witness inquired of McComas what he was going to do; he said it was all his fault; that he would take care of her; witness said, “You marry her, and I will take care of her;” McComas said, “Don’t you blame Martha Jane;” I said, “I will not throw her out of the doors;” finally he promised to marry her on the next Thursday; his calculation was to go to Baltimore and be married, but he never came, and Martha Jane sat up until 4 o’clock, waiting for him, and then went to bed weeping; she was confined on the 1st day of January last; Dr. Martin Jarrett attended her; there was a wedding-dress and a wedding-ring, and it is on her finger now.
Third Day’s Proceedings. Belair, Md., Friday May 7.
This morning after two or three ladies had testified to the good character of Miss Cairnes, and to the fact that she was making her wedding clothes in the winter of 1867-8, Gabriel Smithson was recalled and testified: Heard part of Mrs. Cairne’s testimony; heard Mrs. Cairnes speak of a promise made by McComas to marry her daughter; had some conversation with N. McComas the same night; he was at my house; I told him I thought he was about getting into difficulties: he denied it; said he didn’t know; I said, “you are;” at last he agreed he was, and burst into tears; he said, “it is my fault;” no names were mentioned; he did not mention Miss Cairne’s name; I told him he had better marry her; he did not give me much satisfaction; he said she was a fine girl and a lady; I did not understand him as refusing to marry her; he did not agree to marry her; I persuaded him to do so; told him of the consequences; he spoke very highly of her as a lady; and it was his fault, and wept bitterly; McComas was 35 or 40 years of age; had but little property; he lived with his mother and three sisters, one of whom is very delicate, the other two strong and healthy girls; McComas’ father died suddenly, fell off his horse; McComas’ mother and sisters were dependent upon him for support; his brothers are married men, have families; they are of limited means; on the night of his conversation with McComas alluded to above, there was a corn husking at his house; word was sent out to the pile for him and McComas to come in the house; witness went in and found Mrs. Cairnes there, and as he had nothing to do with it, he left; the thing had come out then; knowing that neither McComas nor Mrs. Cairnes wanted him, witness left them alone; it was after this that witness had the conversation with McComas; Comas said he loved the girl better than any woman he ever knew, but said he was not fit to marry; witness did not now what McComas meant by this; he always spoke in the highest terms of the girl, said she was a lady; afterward, at Jarrettsville, McComas called witness out and told him that they had brought suit against him for the maintenance of the child, and said that he was willing to pay for it; McComas then alluded to some slanderous talk which had been going around the neighborhood; that the child was either a married man’s or a black man’s; McComas said this was all wrong; did not deny the paternity of the child, but said that they could not prove that he had promised to marry her; witness then told him that he better leave the neighborhood; that the girl stood high; that the thing would not die out, and people would not let him alone; this was the last conversation witness had with McComas.
John Hutchins sworn—Was within two feet of the bar-room door when the shooting took place; saw it all after the first shot; saw the woman in the door firing; did not know who she was, but thought she was crazy, and had escaped from a madhouse; did not know who she was shooting at, and got out of the way; her eyes were glaring, and her whole appearance was that of a raving maniac. Attorney-General Jones objected to taking the testimony of this witness as to the sanity or insanity of the accused, claiming that under the law and precedents the opinion only of medical experts could be taken on such a point and asked that this evidence be ruled out. After considerable argument, Chief Justice Grason delivered the opinion of the Court that the opinion of the witness on the point could be received.
Witness had known Miss Cairnes by sight for the last twenty years, but was never in her company, had seen her at Bethel Church and on the road; had never spoken to her; did not know who she was on the day of the firing until after she turned to go back; only thought the woman was crazy because of her actions at the time; knew nothing of her movements or actions before or since; if he had he would not have altered his opinion—would still have thought she was a crazy woman. [At this point the accused smiled, and there was partial applause in the lobby.]
The cross-examination of this witness having been concluded, Mr. Archer stated that the defense had no further evidence to offer.
James Woods recalled by the prosecution.—When Miss Cairnes came through the dining-room after the shooting, her brother said to her twice, “Come on here, and get on your horse.”
Mr. Farnandis—What is the object of this?
Attorney-General Jones—To prove that her brother did not regard her as insane, but addressed her as a reasonable person.
Judge Jarrett1 recalled by the prosecution—Did not see Miss Cairnes ride off from the hotel; was asked by her brother to ride home with her; overtook her about a quarter of a mi
le from Jarrettsville, when she said: “I told him I would do it, and I have done it.”2
Charles Ayres sworn: Is well acquainted with Miss Cairnes; known her for twenty-five years; Miss Cairnes, on the night of the 10th of April, came to his house alone with her infant in her arms; Miss Cairnes spoke in the usual way; the ordinary civilities passed between them; her manner did not strike him as being anything out of the usual way; had no idea that anything had happened; saw nothing in her to make him suppose anything had happened; her replies were as sensible as they always had been.
Dr. George Archer called by defence—Has been a practicing physician for twenty years; gave his opinion that the fact of the girl being collected and calm an hour or two after the occurance would be no indication of soundness of mind, but rather the reverse.
The case was then closed on both sides. P.H. Rutledge, Esq., State’s Attorney, commenced the closing argument on the part of the prosecution, first reminding the jury that with the alleged crimes and wrong doing of Nicholas McComas they had nothing whatever to do, but to vindicate the insulted majesty of the law. After reading from various authorities, he claimed that the killing of McComas was a deliberately planned and premeditated murder; that her brother, Richard Cairnes, was accessory before the fact, and contending that the plea of insanity could not be sustained.
Herman Stump, Jr., Esq., on the part of the defence, then spoke of the pride which he felt in having been chosen as one of the defenders of innocence; that there was a written law, but there was also a law within the human breast, which had been affirmed and reaffirmed by the verdicts of juries in many similar cases; that the jury could temper the written law, and so alleviate it. He spoke of the wrongs suffered by the prisoner, and added to the jury that not only the eyes of the assembled concourse were upon them, but also the eyes of the whole community. He spoke feelingly of the modesty, kindness, amiability and excellence of character of the prisoner, as clearly shown by the evidence of many witnesses.
Mr. Stump was still speaking when this report closed, at 4 P.M.
Sympathy for the Prisoner—She is furnished Rooms at a Hotel—Her Appearance and Demeanor.
Correspondence of the Baltimore Gazette. Belair, Md., Thursday, May 6, 1869
As a single, and, perhaps, remarkable illustration of the moral strength of the sympathy of the people for the unfortunate young woman, it may be mentioned that when she gave herself up to the authorities, some three weeks ago, no one imagined, for a moment, that she was to be incarcerated like a felon. Had she been imprisoned in the county jail, it is possible, indignation would have arrayed itself alongside of sympathy and something might have occurred to the detriment of the county’s excellent repute for peace and order. But no such emergency was presented. The county jail, occupied chiefly by negro thieves, and containing besides some few white culprits of the lowest riff-raff, was not considered a proper place for a lady, and the term lady is applied to the unfortunate with honest earnestness by all who know her. The Sheriff consequently assumed the responsibility of providing more becoming accommodations for her, and she was quartered accordingly at Glenn’s Hotel. Here she has the liberty of the hotel, receives her friends and relatives at pleasure, and appears, unostentatiously, at the public tables.
Miss Cairnes is quite engaging, some say pretty in appearance. Her figure is exceedingly slight. She is rather tall; has a small face, regular in outline, light complexion, dark eyes and hair, and possesses a quiet, modest expression, which is in keeping with her general demeanor. It will not be deemed carrying details too far, when for the sake of more perfectly portraying her personnel it is remarked that her physical weight, according to her own testimony in casual conversation with friends, does not exceed ninety-seven pounds. Such points of observation might be deemed trifling under ordinary circumstances, but it is well to take advantage of even little things to correct an erroneous impression which has originated in this case among hearsay attestators. It is reported by some who have even seen her, but who cannot resist the impulse to invest the lady with heroic attributes that she is of muscular frame, resolute and haughty in appearance, and quite a fitting character for just such a tragedy as that in which an unhappy fate has involved her.
During her nominal imprisonment at the Glenn House, Miss Cairnes has had the companionship of her widowed mother most of the time, and has been frequently called upon by her brothers and other relatives and friends. The family, which has always been in excellent circumstances, and enjoyed the respect and esteem of the community, still possesses its hold upon the hearts of its friends, rather strengthened, if possible, by the affliction into which it has been plunged. And, on the other hand, the soft voice of sympathy is not unheard beneath the roof that sheltered the betrayer. There, too, a widowed mother mourns; and brothers and sisters, bitterly grieved at the mortal ending of a brother’s error, lack in their grief nothing that a general condolence can yield to assuage it.
Thus far, the demeanor of Miss Cairnes in Court has been remarkably calm. She appears to be entirely self-possessed, but there is an evidence of sadness in her look which gives expression to the “brooding sorrow” that even sated vengeance and public sympathy cannot expel.
ACKNOWLEDGMENTS
THIS NOVEL IS A work of fiction. It was inspired by true events, but it remains imaginary, and some characters and scenes were invented.
Nevertheless, I am grateful for the inspiration I found in the work of scholars, painters, and writers, including Russell Banks, Ken Burns, Mary Chesnut, Bram Dijkstra, Lorna Duffin, Barbara Jeanne Fields, Eric Foner, Shelby Foote, Elizabeth Fox-Genovese, Charles Frazier, David Golightly Harris, Winslow Homer, Frances P. O’Neill, Henry C. Peden, Madge Preston, Michael Shaara, Daniel Carroll Toomey, Charles L. Wagandt, Bertram Wyatt-Brown, Jay Winik, Mary Cassatt, and James McNeill Whistler. I would also like to thank the American Antiquarian Society, the Maryland Historical Society, the Historical Society of Harford County, and Mills College for their invaluable assistance.
This book would not have been written without the help and encouragement of my aunt and uncle Ralph and Cornelia Galbreath Sloan, who gave me the materials they had, or of Wendy Weil, who made me take courage and get it written. Great thanks also to my editor, Adam Krefman, for his brilliant suggestions, and to these friends and early readers: Robert Hass, Brenda Hillman, Patricia Dailey, Deebie Symmes, Emily Forland, Emma Patterson, Jack Shoemaker, and Dean Young.
ABOUT THE AUTHOR
© MARION ETTLINGER
CORNELIA NIXON has written two novels, Now You See It and Angels Go Naked, as well as a book of literary criticism. She has won the O. Henry Award First Prize, two Pushcart Prizes, a Nelson Algren Prize, and the Carl Sandburg Award for Fiction. She lives in Berkeley, California.
1 The witness is Joshua Jarrett, not Judge Jarrett.—C.N.
2 Coverage in the Bel Air Aegis has it printed as “I done it.”—C.N.
Copyright © 2009 by Cornelia Nixon. All rights reserved under International and Pan-American Copyright Conventions.
This is a work of fiction. Names, characters, places, and incidents are the product of the author’s imagination or are used fictitiously. Any resemblance to actual persons, living or dead, is entirely coincidental.
Library of Congress Cataloging-in-Publication Data is available.
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