"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."
"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 reseated herself by Warren's side.
Symonds was the first witness called. After he had been duly sworn, the judge advocate began his direct examination.
"Your name and occupation?"
"John Symonds, serving as United States Secret Service agent under Colonel Lafayette C. Baker."
"How long have you been in that service?"
"I have been with Colonel Baker ever since the Bureau was first established."
"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 Miss Newton 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 the captain to Poolesville. While on our way there we met a Federal cavalryman riding toward Washington, who said he carried despatches to Adjutant General Thomas. When Captain Lloyd demanded to see the despatch, the supposed trooper managed to make his escape, after first knocking the captain senseless from his horse. As he dashed up the road, his horse swerved toward the woods skirting the road, and a low-hanging branch knocked his hat off, and I discovered the rider was a woman."
A low murmur of surprise from the spectators interrupted Symonds, and the president rapped on the table with his sword hilt. "Those present must be silent," he announced, "or the room will be cleared."
"What led you to think the rider was a woman in disguise?" asked the judge 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 was impossible for me to overtake her. I soon gave up the chase discouraged, and returned to Captain Lloyd, whom I found lying senseless where he had fallen. I rode to Poolesville, procured a horse and wagon, and brought Captain Lloyd back to this city. But before doing so I picked up the spy's hat, and on examining it found a number of hairs sticking to the inside. They were of a peculiar color." He glanced significantly at Nancy. "Captain Lloyd and I both agreed that they 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't know what he did with them."
The judge advocate, who had entered all questions and answers in the book before him, paused and gazed blankly at Symonds for a moment; then resumed his examination.
"When did you last see Captain Lloyd?"
"On the afternoon of Monday, the sixth of last March. He had just returned from Winchester."
"Did he speak of the accused?"
"He did, sir."
"In what way?"
"He told me," Symonds cleared his throat, and spoke impressively, "that he had absolute proof that Miss Newton was a rebel spy."
"Did he make that statement in the privacy of his room, or in the public 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 the hall?"
"No, sir; but hedidtap 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 and myself."
"In your opinion, did Captain Lloyd speak loudly enough to be overheard by 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 is relevant. Continue, Mr. Judge Advocate."
"Answer my last question, Symonds," directed the judge advocate.
"In my opinion, he could easily have been overheard," declared Symonds positively.
"When Captain Lloyd told you in the hall that he had absolute proof that the accused was a rebel spy, did he mention her by name?"
"No, sir."
"Did he speak of this spy in such a way thatanyonewould know to whom he alluded."
Symonds reflected for a moment. "No, sir; he did not," he answered finally.
"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 dead body of a rebel officer, Major George Pegram. The captain declared this despatch was given to Pegram by the accused; that she understood the Morse code, and had taken the message verbatim from the wire, having been 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 his coat."
"Can you recollect the words of the despatch?"
"No, sir; I cannot. It was in cipher, and the words made no sense that I 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 torn from a notebook, and handed them to the Secret Service agent.
"Did the writing of the despatch resemble any of these specimens of the prisoner'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 surprise was reflected in her face. She paid no attention to his next question; her busy brain was occupied in planning to get instant word to Colonel Baker that, in her opinion, Symonds was deliberately lying to shield Nancy.
"State to the court as briefly as possible what occurred after you returned the despatch to Captain Lloyd," ordered the judge advocate.
"The captain told me to report to Colonel Baker that he possessed new evidence, which would hang Miss Newton. He said I was to explain to Colonel Baker that he had been five days in the saddle and was exhausted from lack of sleep, and that he was obliged to rest that afternoon, as he could not keep awake any longer, or words to that effect."
"One moment," interrupted the judge advocate. "Did all this conversation take place in Captain Lloyd's room, and was the hall door closed?"
Symonds considered a second before replying. "The door was closed during our interview in the room," he said thoughtfully, "but I distinctly recollect he told me,afterI had stepped into the hall, that he was going to lie down and that I was to be sure and send for him when the accused was arrested because he 'would sleep like the dead.'"
Nancy stole an anxious glance at Warren's impassive face, for the effect of Symonds' testimony on the court was only too apparent; but the senator was staring steadily at the witness and paid no attention to his client. She sank back in her chair with a deep sigh.
"Do you think these last remarks of Captain Lloyd could have been overheard?"
"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. After consulting with the Secretary of War, he sent me to tell Captain Lloyd to join him at the War Department."
"Describe what took place when you reached Captain Lloyd's room that night," directed the judge advocate; and Symonds gave a dramatic account of the discovery of Lloyd's dead body and Goddard's unconscious form. When he had finished, the judge advocate continued his questions.
"Were any chairs or tables overturned in the room, as if there had been a 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 provost marshal."
"Did you search for the important despatch?"
"I did, sir; but without finding a trace of either the pocketbook or the 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 Major Goddard, and hastened to the War Department to report to the Secretary of War."
The judge advocate walked over and conferred with Colonel Andrews; then turned back and addressed Warren courteously.
"I have finished, Mr. Senator. Do you wish to cross-examine the witness?"
Warren nodded in the affirmative, glanced over his notes, then handed a slip of paper to the judge advocate, who read the question aloud as he pasted it in the book in front of him.
"What proof have you, beyond Captain Lloyd's word, that hetookthat despatch from the dead confederate, Major Pegram?"
"None, sir," exclaimed Symonds, much astonished.
"Would you question a dead man's word, Mr. Senator?" inquired the judge advocate sharply.
"I would, sir," declared Warren firmly. He rose and faced Colonel Andrews. "I respectfully submit to this court that I seriously object to the introduction of hearsay evidence."
"And I contend, sir," exclaimed the judge advocate, "that Symonds' testimony is direct evidence. He saw the despatch in Captain Lloyd's hand."
"You are right there, sir," said Warren courteously. "But Symondsdid not seeCaptain Lloyd take that despatch from the dead body of the Confederate. He believes that that paper was taken from Major Pegram only because Captain Lloydtold him so—andthat, sir, is hearsay evidence. And I demand in justice to my client, whose life hangs in the balance, that hearsay evidence be not accepted in this trial."
Major Lane hastily scribbled a few lines, and handed the paper to the judge advocate, who immediately read the question aloud:
"What induces you to think, Mr. Senator, that Captain Lloyd, a man of integrity and standing, would manufacture evidence against the accused?"
"Because of his known animosity toward her," was the prompt reply, "in proof of which I have direct evidence to offer to this court."
The judge advocate, however, stuck to his argument, and a quick war of words followed, during which Colonel Andrews bent forward and consulted Major Lane in an undertone; then came the brief order: "Clear the court." Warren and the judge advocate ushered Nancy into a small vacant room, while the spectators were bundled unceremoniously into the hall.
The fresh air in the hall was a relief after the stuffy atmosphere of the courtroom. Mrs. Warren and her two friends pushed their way to the end window, opened it, and leaned out, the better to cool their flushed faces.
"I fear, I greatly fear, Nancy is very deeply involved in this mysterious tragedy," murmured Mrs. Bennett, so that she would not be overheard by others in the crowd.
"It looks that way," agreed Mrs. Warren sadly. "Still, I firmly believe in her innocence. If the court refuses hearsay evidence, they cannot then prove that Nancy had a motive for killing Captain Lloyd."
"My husband declares that a military court is the fairest and most impartial tribunal in the world," pursued Mrs. Bennett. "Hark! What is that music?" A band, preceding its regiment, had wheeled into Fourteenth Street, some blocks below, and was marching toward them. The strains of music, at first faint, grew louder in volume. "It is—yes—itis'Dixie'!"
"It's the first time in four years that that tune has been heard in the nation'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 had just 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. The closed session was over. Nancy, accompanied by the judge advocate and her counsel, preceded the crowd back into the courtroom.
"The court in this instance, when so grave an issue is at stake, has decided not to accept hearsay evidence," announced the presiding officer, 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 is possible to get direct evidence in regard to Captain Lloyd's capture of that despatch. You forget, sir, that he was accompanied by Belden, one of Colonel Young's scouts. Mr. Judge Advocate, you are directed by the court to telegraph to General Sheridan's headquarters, requesting that the said Belden be detached and sent back to Washington to testify before this court; or, if that is not possible, that his deposition in the matter be taken and forwarded to us. It is three o'clock, gentlemen; the court will adjourn until to-morrow morning."
CHAPTER XXII
WEAVING THE WEB
The court convened promptly at nine o'clock the next morning. The first witness summoned by the judge advocate was Doctor Ward. After the usual preliminaries had been gone through with, he testified that he had reached Mrs. Lane's boarding house five minutes after Symonds' message had been delivered to him. He was shown at once to Captain Lloyd's room.
"I hastily examined Captain Lloyd, and found there was no hope of resuscitating him. He had apparently been dead for some hours," continued the doctor, in answer to a question put by the judge advocate. "I then turned my attention to Major Goddard, who was still lying on the floor. There were two single beds in the room, and Symonds and I lifted the major on to his, after I had dressed his wound."
"Kindly describe Major Goddard's condition when you first examined him."
"Major Goddard lay with his head on the hearth. Apparently in falling he had struck the side of his head against the sharp edge of the iron fender. It had made a jagged cut, which bled profusely. The blow undoubtedly stunned him; but I think his long unconsciousness was due to the loss of blood caused by a hemorrhage from the nose."
"What do you think caused his fall?"
"Possibly vertigo. The hemorrhage points to that. Major Goddard was in a weakened condition before his fall from wounds received about the head from an explosion of an old-fashioned pistol some time in February, which had blinded him."
"Is Major Goddard totally blind?"
"At present he is, sir."
"Is there then a prospect of his regaining his sight?"
"It is just possible." Ward's eyes traveled in Nancy's direction. "I do not consider his case entirely hopeless." He smiled in sympathy, as her eyes lighted with pleasure.
The judge advocate paused to make an entry on his pad, then resumed his examination. "What did you do next, Doctor?"
"I sent a note to the United States Sanitary Commission, asking them to send me a nurse at once."
"Did the Secret Service agent, John Symonds, speak to you of a pocketbook or a despatch?"
"He did, sir. Said that they were both missing from Captain Lloyd's coat pocket. I helped him search the rooms for them, but could find no trace of either of them."
"What did you do after the arrival of the provost marshal?"
"I conferred with him about Captain Lloyd. Considering the mystery surrounding his sudden death, we both deemed it expedient to hold an autopsy at once; so his body was removed to the city morgue."
"Did you hold the said autopsy?"
"I did, sir, in the presence of the coroner and Surgeon McBride. Here is the report of the result." He searched among his papers, and handed one of the sheets to the judge advocate, who, before inserting it in his book, read its contents aloud:
"After a prolonged and careful examination we found no wound or mark of violence on Captain Lloyd's body; nor any trace of poison in his system. Therefore, we are obliged to believe, in the absence of any particular symptom or pathological appearance, that he died from some cause or causes to us unknown."It is just possible that the last five days in the saddle without sufficient food or sleep might have produced a paralysis of the heart which left no symptom."William Mcbride,Surgeon, Kalorama Hospital.James Richards, M.D.,Coroner, District of Columbia."March 7th, 1865."
"After a prolonged and careful examination we found no wound or mark of violence on Captain Lloyd's body; nor any trace of poison in his system. Therefore, we are obliged to believe, in the absence of any particular symptom or pathological appearance, that he died from some cause or causes to us unknown.
"It is just possible that the last five days in the saddle without sufficient food or sleep might have produced a paralysis of the heart which left no symptom.
"William Mcbride,Surgeon, Kalorama Hospital.
James Richards, M.D.,Coroner, District of Columbia.
"March 7th, 1865."
"I see that you have not signed this report, Doctor," exclaimed the judge advocate, in surprise.
"I did not entirely agree with my colleagues," explained Doctor Ward. "I contend that the symptoms would be the same if Captain Lloyd had been suffocated by some anæsthetic such as chloroform."
"Did you detect any odor of chloroform about Captain Lloyd?"
"No. It evaporates quickly, and the room was well ventilated by currents of fresh night air from the open window."
"Did you find a bottle which might have contained chloroform anywhere in Captain Lloyd's apartment?"
"No, sir; but, then, I did not look for such a bottle until after the autopsy."
"Could it have been removed in the interval?"
"Possibly; but I hardly think it likely. The provost marshal had placed all the boarders and Mrs. Lane under arrest, and stationed a guard about the house. No one could enter the captain's two rooms, except," remembering Baker's intrusion, "the head of the Secret Service Bureau, and officers of the provost guard."
"I have no further questions to ask you now, Doctor. Mr. Senator, will you take the witness?"
Warren, who had followed Ward's testimony with the closest attention, tore off a sheet from his pad, and passed it over to the judge advocate to read aloud.
"Is it not possible that Captain Lloyd died from apoplexy, Doctor?"
"No, Mr. Senator. I examined the brain, and found no indication of apoplexy, although there was a slight, very slight congestion noticeable at the base of the brain."
Warren quickly wrote another question, and handed it to the judge advocate, who was busy entering his first question and its answer in his record.
"Symonds testified yesterday that Captain Lloyd lay in bed as if asleep. If he had been suffocated, would not convulsions have ensued?"
"Some muscular contractions," admitted Ward, "but not enough to throw off the heavy quilt which Symonds told me covered his body when he first approached Captain Lloyd."
Again Warren wrote another question, which the judge advocate read aloud after a moment's pause.
"Are you willing to swear, Doctor Ward, that Captain Lloyd could not possibly have died from natural causes?"
"Natural causes?" echoed the doctor. "I don't catch your meaning, Mr. Senator. A man's natural state is living. It is unnatural for him to die."
Quickly Warren's hand traveled over the paper; then he tossed the slip to the judge advocate.
"I will amend my question," read the latter. "Do you think it possible that the captain died from one of the diseases of nature, such as heart failure, and so on?"
"No, Mr. Senator, I do not," declared Ward positively. "I am willing to go on oath that Captain Lloyd was killed by a person or persons unknown."
Warren reddened, and bit his lip. "I have no further questions to ask," he said abruptly.
"Does the court desire to examine this witness?" inquired the judge advocate. The president replied in the negative, and Ward was then excused. The next witness was Coroner Richards, who stated that, in his opinion, Captain Lloyd might have died from an attack of heart failure superinduced by the fatigue of five days in the saddle with insufficient food or sleep. His testimony was corroborated by Surgeon McBride. Warren refused to cross-examine the surgeon, and he was excused. He was followed on the stand by Mrs. Lane, a tall, raw-boned woman of middle age.
"How long have you kept your boarding house on F Street?" asked the judge advocate, after Mrs. Lane had been duly sworn and had answered the usual questions as to her full name, age, and length of residence in Washington.
"Six years," was the brief reply. Mrs. Lane never wasted words, if she could help it.
"For how long a time had Captain Lloyd boarded with you?"
"He took the rooms with me the middle of last December, but did not spend much of his time in Washington."
"Was he a good tenant?"
"Yes, sir," with more enthusiasm. "He was quiet, never found fault, and always paid promptly."
"Do you usually supply your boarders with sitting room and bedroom?"
"Oh, no. Captain Lloyd told me he desired privacy; and, as he offered me fair payment for the two bedrooms, I moved the bed and bureau out of the front room and put them in Captain Lloyd's own bedroom, because he often had men stay nights with him. I fixed up the front room as a sitting room. He had his meals served there whenever he came back in time for them; he wasn't very regular about returning for them, and spent most of his days out of the house."
"When did Major Goddard first come to visit his friend, Captain Lloyd?"
"About the last of January. Captain Lloyd sent for me and asked me to get the extra bed ready, which I did," she supplemented.
"Did you ever hear Captain Lloyd and Major Goddard quarreling?"
"No, sir; I never did."
"Did they seem to be on good termsallthe time, Mrs. Lane?" with emphasis.
"Yes. They were the best of friends. Several of my boarders spoke to me of it. Captain Lloyd was so stand-offish and morose that they could not understand Major Goddard's affection for him."
"Was Captain Lloyd on good terms with your other boarders?"
"I believe he was. I never heard otherwise, but he did not see much of anyone in the house."
"Did he receive many visitors?"
"No, sir; only members of the Secret Service, or army officers."
"When did you last see Captain Lloyd alive?"
"On the afternoon of March sixth. I did not know he had returned to town until he sent word by my cook that he would like a cold lunch."
"Why did he send that message by the cook?"
"Because I had discharged my two worthless maids that afternoon, and the new ones I had engaged hadn't come. The cook was the only servant I had in the house that afternoon."
"Did your cook carry Captain Lloyd's lunch up to him?"
"No, I did. The cook only let him in when he returned."
"Did Captain Lloyd look ill when you saw him that afternoon?"
"No, indeed; only very tired. He told me he was half dead for want of sleep and could hardly keep his eyes open."
"Was Major Goddard with him?"
"No, sir. Major Goddard had gone out driving before Captain Lloyd returned."
"Did you let Major Goddard in when he got back from his drive?"
"No, sir. Captain Lloyd had given his latch key to the major before the latter left Winchester. So the attendant who accompanied Major Goddard used the latch key and they let themselves in that afternoon."
"Is it your custom to give latch keys to your boarders?"
"I don't do it usually, sir; but Captain Lloyd was in and out of the house at all hours."
"Did you hear any unusual noise in Captain Lloyd's room that afternoon or night?"
"No, sir, I did not. As I said before, the cook was the only servant in the house, and I had to help her in the kitchen."
"Do you know the accused?"
"I do, sir."
"When did you last see her and where?"
"I saw her on the afternoon of the sixth of March when she came to my house to see her friend, Miss Alice Cary."
Her words created a small sensation, and the President had to rap repeatedly for order before quiet was restored. Nancy had told Warren in their interview on Sunday that she had been to the boarding-house, so he was prepared for the testimony, and no one could read from his expressionless face what he thought of the new development.
"Did the accused see you?" asked the judge advocate.
"She did," retorted Mrs. Lane. "I let her in."
"Did she go into your parlor?"
"No, sir. She came just as dinner was being served. I told her that Miss Cary was out, but that she had left word she would be back by half-past five. Miss Newton seemed very anxious to see Miss Cary, so I told her to go right to her friend's room and wait there."
"Where is Miss Cary's room located?"
"On the third floor, back."
"Wasn't it unusual to send her upstairs instead of having her wait in the parlor?"
"No, indeed. She and Miss Cary are very intimate, and they often spend the day together, either at my house or at Miss Metoaca Newton's."
"Did the accused have a bundle with her?"
"She did."
"Was it a bottle?" eagerly. The court and spectators leaned forward to catch the reply.
"I couldn't tell, sir. Itseemedto be a box of candy."
"What made you think that?"
"The way her dog kept smelling at it, and then it was shaped like a box."
"Did the dog accompany the accused into the house?"
"He did. I don't mind Misery. He's a good dog, as dogs go, and doesn't give me any trouble."
"Have you any questions to ask the witness, Mr. Senator?"
For reply Warren handed a sheet of paper to the judge advocate who read the two questions written on it slowly and one at a time.
"What did Captain Lloyd eat for lunch?"
"Let me see?" Mrs. Lane considered for a moment. "Cold bread, ham, pickles, and ginger bread—oh, and a cup of coffee."
"Did Captain Lloyd eat very heartily?"
"Well, he ate every scrap I sent up. Aunt Dinah brought the tray down stairs with her when she came back from telling the captain that Symonds wished to see him. There wasn't a morsel of food left on the plates."
"That is all," announced Warren; and at a signal from the judge advocate, Mrs. Lane left her chair and hastened out of the room.
Mrs. Warren, who had come with Mrs. Bennett, was sick at heart. It was obvious to all that her husband was fighting against heavy odds. A whisper here, a look there, showed that every spectator in the room thought Nancy guilty.
Mrs. Lane's place was taken by Mrs. Lewis, a frail, old lady whose timorous voice could hardly be heard as the judge advocate administered the oath to her.
"Now, Mrs. Lewis, will you please speak louder in answering my questions?" requested the judge advocate. "Do you board at Mrs. Lane's?"
"Yes, sir."
"Where is your room?"
"On the third floor, front."
"Do you know the accused?"
"I do." Mrs. Lewis wiped her eyes; she was easily moved to tears.
"When did you last see her, and where?"
"On the sixth of March, last——"
"Go on, madam," urged the judge advocate, as her voice died away.
"I finished my dinner—I did not stay for dessert—and went upstairs to my room. I stopped a moment when I reached the second floor to rest—my breath is short these days—and I saw Miss Newton coming toward me from the back hall——"
"Well, what then?" impatiently.
"I—I—know her aunt very well, and Nancy stopped to ask how I was."
"Did she state what she was doing there?"
"Yes, sir. She told me she was waiting for Alice Cary, and had run down the back stairs to look for her dog, Misery, who she thought had probably sneaked down to the kitchen. We went upstairs together, and I went on to my room alone."
"Did the accused find her dog?"
"I reckon she did, though he wasn't in the hall then, because shortly after she rapped at my door to ask me to tell Alice Cary she couldn't wait any longer for her, and Misery came into my room while we were talking."
The judge advocate cleared his throat, and spoke impressively.
"Did the accused have a bottle and a pocket book in her hands?"
"I—I—can't say positively," stammered Mrs. Lewis, doubtfully. "It—it was dark in the hall, and I am quite near-sighted."
"How was the accused dressed when you saw her the first time?"
"She had on her hat, but no coat. The last time I saw her she was dressed for the street."
"Did you notice anything unusual about the accused when you met her in the hall?"
"She looked excited and frightened, and very pale."
The judge advocate smiled with satisfaction; he was piling up damaging facts against Nancy. He signed to Warren to cross-examine the witness; but his smile changed to a frown when he read Warren's first question.
"Will you kindly explain to this court how you could see in a dark hall that Miss Newton 'looked excited and frightened, and very pale,' when you have just testified that you are too near-sighted to have seen so large an object as a bottle or a pocket-book in Miss Newton's hands?"
"I do-don't understand?" quavered Mrs. Lewis. The judge advocate repeated the question with more emphasis.
"I guess I just thought she looked excited and frightened," admitted the confused old lady reluctantly.
"That is all," exclaimed Warren, and Mrs. Lewis left the chair dissolved in tears.
CHAPTER XXIII
SENSATIONAL EVIDENCE
Turning quickly, the judge advocate gave an order in an undertone to an attendant, who saluted and then followed Mrs. Lewis out into the hall. Warren leaned forward and spoke an encouraging word to Nancy; then settled back in his chair and fidgeted uneasily with his papers. He glanced covertly at her. Surely her frank, fearless eyes, her unruffled demeanor, hid no criminal act; and yet.... Angry with himself for permitting a doubt, he pulled out his watch and glanced at its face. A quarter of two....
At that moment the attendant reëntered the room, and delivered a message to the judge advocate, who rose and announced that the next witness called to the stand was Major Robert Goddard. All eyes were turned to the entrance as the folding doors opened and Goddard stepped into the room, leaning on his attendant's arm.
Wasted by his illness, Goddard's uniform hung loosely on him. He looked so changed, so pallid and worn, that Nancy dug her nails into her flesh to keep from crying. The attendant quickly guided him to the witness chair, then retired to the back of the room as the judge advocate stepped forward to administer the oath.
When the ceremony was over, Goddard sat down, and, leaning on his sword hilt, turned his head slowly, as if, not seeing, he were trying to locate by ear some familiar presence. Warren read his meaning, and in pity leaned forward and addressed Nancy by name. As her clear voice answered, Goddard turned instantly in her direction, and a quick bright smile lighted his wan face. Nancy half rose, but Warren's detaining hand checked her; and suddenly realizing that she was watched by dozens of curious eyes, she blushed hotly. Her confusion was noticed by the judge advocate, who smiled grimly to himself.
"State your full name, rank, and regiment," he began.
"Robert Goddard, Major, —th U.S. Cavalry."
"Your age and the year of your graduation from the Military Academy?"
"Thirty-five. I graduated from West Point in 1850."
"You know the accused?"
"I do, sir."
"When did you first meet her, and where?"
"I met Miss Newton on Monday night, the thirtieth of January, at Senator Warren's house."
"How long have you known Captain Lloyd?"
"We were school-mates together in New York. I should say I had known him for about twenty years all told."
"Have you seen much of each other in recent years?"
"Not very much. Our professions kept us apart."
"How did you happen to join him here?"
"I heard that he was here, and wrote him I was coming to Washington for a few days on leave, and he suggested that I room with him."
"Did Captain Lloyd tell you that he suspected the accused was a rebel spy?"
"He did, sir."
"And did you agree with him?"
"I did not."
"Have you had any cause since then to change your mind?"
"I object to that question," exclaimed Warren, heatedly.
"Objection not sustained," ruled the president. "Continue your examination, Mr. Judge Advocate."
"While in Winchester did you see anything in the prisoner's conduct which made you believe that she was acting as a spy?"
"No, sir; Isawnothing in her conduct which would indicate that." Only Warren's keen ear caught the slight emphasis on "saw," and he drew a quick breath of relief when the judge advocate did not press the question.
"Did you escort the accused and her aunt to Winchester?"
"I did, sir."
"Did you see much of the accused while there?"
"Miss Newton and her niece came often to see me when I was convalescing from my wounds. I returned to Washington in the same train with them, but I have not met either of the ladies since we parted at the depot."
"Major Goddard, are you engaged to the accused?"
"I have not that honor," with quiet dignity, and a ripple of applause sounded through the room. Goddard's eyes strayed in Nancy's direction, but he could not see the rich color which mantled her pale face. She dropped her eyes instantly to hide their tell-tale message. Ifhecould not see, others should not.
"When did you last see Captain Lloyd?"
"In Winchester, the day before I returned here."
"Why did he not come back with you?"
"He did not inform me."
"Where were you on the afternoon of Monday, March 6th, last?"
"I went for a drive with my attendant, Donnally, and did not return to Mrs. Lane's until some time after four o'clock."
"State to the court what occurred after your arrival at the boarding house?"
"With Donnally's assistance I went directly to my room. He informed me that dinner was being served, but I had no appetite and did not care to go in and join a lot of strangers. When we reached the door of our sitting-room I told Donnally to go down stairs and get his dinner; that I would ring for him if I needed his assistance. I then entered the sitting-room and felt my way to a chair by the fireplace. There is not much furniture in the room, and I was familiar enough with my surroundings to find my way about without much difficulty——" he hesitated.
"Go on," prompted the judge advocate. "Tell your story in your own way."
"I have no idea how long I sat in that chair, whether it was five minutes or half an hour, for I was deep in thought," continued Goddard. "Without any warning my nose started bleeding—a way it has since I was wounded in the face by the explosion of a pistol. The bell was in the next room, so I felt my way to the communicating door and into the room...."
"One moment," interrupted the judge advocate. "Was the door closed?"
"Yes, sir; but not locked. I should judge I was about half way toward the fire place, where I knew the bell was hung, when I became conscious that there was some one in the bedroom with me.
"I cannot tell you exactly what it was," went on Goddard, after a slight pause, "that made me think that. I stood still for a moment and turned slowly around trying to trace the faint, very faint sound I thought I had heard. Then I lost my bearings. I could not remember in which direction the door was, nor where the fireplace was located."
"Why didn't you call out?" demanded the judge advocate, sharply.
"I was too confused. Only the blind can know and understand my feeling of over-powering helplessness," declared Goddard, earnestly. "I stepped forward, tripped, and fell with all my weight, striking against the iron fender before I could save myself. I knew nothing more until I regained consciousness the next day and found myself in bed, with a trained nurse in attendance."
Everyone in the court room followed Goddard's story with breathless interest. Nancy never took her eyes from his face; she sat as if hypnotized.
"What did you trip over, Major?" inquired the judge advocate.
There was a perceptible pause; then came the answer, "A foot-stool."
"Could you tell whether the sound you thought you heard in the room was made by a man or a woman?" asked the judge advocate, laying down his pen.
"I could not, sir. It was too intangible to even locate."
"I have finished my direct examination, Mr. Senator. Have you any questions to ask the witness?"
Warren wrote his message and gave it to the judge advocate.
"Did you know that Captain Lloyd was asleep in the next room?"
"No, sir; I did not even know he had returned to the city," replied Goddard.
Warren handed another slip to the judge advocate, who read its contents aloud: "His hat and overcoat were found in the sitting-room later that night. You were in that room, were you not?"
"I was, Mr. Senator; but you must remember I could not see. I did not pass my hand over all the chairs or other furniture in the room; otherwise I might have found his overcoat and hat."
"Could not your attendant, Donnally, have seen them?" wrote Warren.
"Certainly, Mr. Senator; but Donnally did not enter the room with me. He was standing in the hall when I went inside and closed the door."
"When did you first hear of Captain Lloyd's death?" was Warren's next question.
"Colonel Baker came in the next afternoon and told me."
"I have no further questions to ask this witness," announced Warren, after consulting Nancy.
When Goddard retired, his place was taken by his attendant, Donnally. He stated briefly that he had only accompanied Major Goddard to the sitting-room door; that he had not looked into the room, being in a hurry to return downstairs and get something to eat. No, he did not think it strange that Major Goddard did not ring for him. The major had said he was not hungry, and that he did not wish to be disturbed. He was not told that Captain Lloyd had returned. He knew absolutely nothing of what had happened upstairs in his master's room, because he had spent his entire time in the kitchen until he was sent for by the Secret Service agent, Symonds. Warren declined to cross-examine Donnally, and he was excused.
Symonds was then recalled to the stand. "Do you recollect, Symonds, whether the door leading from Captain Lloyd's bedroom into the rear hall was locked that night?"
"No, sir, it was not," replied Symonds, confidently. "It wasn't even closed. I found it ajar when I rushed over to open it, and call for assistance after I discovered Captain Lloyd was dead. And what's more," he added, "there was no key in the lock."
"Did you find any trace of the key?" inquired the judge advocate, quickly.
"Yes, sir. Doctor Ward wished to lock the room to prevent curious persons entering. So I searched the room, and finally found it on the mantel in the sitting-room half hidden by the clock. I guess Captain Lloyd was too exhausted to look about for the key, and decided to lie down without locking the door."
"Were the other doors also unlocked?"
"Yes, sir. I have already testified that they were not locked," and Symonds looked bewildered.
"Are you sure none of the furniture was upset in Captain Lloyd's bedroom, Symonds?"
"Absolutely positive, sir."
"That is all, Symonds; you may go. Orderly, ask Mrs. Lane to step here."
It was after three o'clock, but the judge advocate's manner was so full of suppressed excitement that Colonel Andrews refrained from adjourning the court.
"I will not detain you long, Mrs. Lane," said the judge advocate briskly. "Kindly tell the court what furniture was in Captain Lloyd's bedroom."
"Two beds, two chairs, a desk by the window, and two bureaus," replied Mrs. Lane, concisely and without hesitation.
"Are you sure that is all?"
"I am."
"Which hall does Captain Lloyd's bedroom door open into?"
"The back hall, sir."
"And where does that lead?"
"To the back stairs which go down into the kitchen."
"Do these back stairs go up to the third floor?"
"No, sir; only to the second floor."
"So that you have to pass Captain Lloyd's door every time you wish to go to the kitchen by way of the back stairs?"
"Yes, sir."
"You may go, Mrs. Lane. Orderly, tell Major Goddard that his presence is needed here."
Goddard was not long in coming, and with Donnally's assistance again made his way to the witness chair.
"Major Goddard," began the judge advocate, turning over the leaves of his book, "in your direct testimony you stated that when trying to find your way out of Captain Lloyd's bedroom you tripped over a foot-stool. Mrs. Lane has just testified that there was not such a thing in the room. Symonds has also testified that not one article of furniture thatwasin the room was overturned or apparently disturbed in any way. Now, sir, kindly inform this court what you reallydidtrip over, and remember," he sternly admonished, "that you are under oath to tell the truth, the whole truth, and nothing but the truth."
Goddard grew white to the lips, and fingered his sword hilt nervously. Getting no answer to his question, the judge advocate repeated it. Still no reply.
"I will alter my question." The judge advocate's accusing voice rang through the tense silence. "Did you not trip over a dog belonging to the accused? I demand an answer, sir. Yes or no?"
For one brief second Goddard gazed with white set face in the direction of the judge advocate; then dropped his face into his trembling hand as he murmured: "Yes."