The great coolness, not to say indifference, with which Mary Monson
listened to this speech, was the subject of general comment among the
members of the bar. At times she had been attentive, occasionally
betraying surprise; then indignation would just gleam in her remarkable
eye; but, on the whole, an uncommon calmness reigned in her demeanour.
She had prepared tablets for notes; and twice she wrote in them as the
District Attorney proceeded. This was when he adverted to her past life,
and when he commented on the Dutch coin. While he was speaking of
castes, flattering one set under the veil of pretending humility, and
undermining their opposites, a look of quiet contempt was apparent in
every feature of her very expressive face.
“If it please the court,” said Dunscomb, rising in his deliberate way,
“before the prosecution proceeds with its witnesses, I could wish to
appeal to the courtesy of the gentlemen on the other side for a list of
their names.”
“I believe we are not bound to furnish any such list,” answered
Williams, quickly.
“Perhaps not bound exactly in law; but, it strikes me, bound in justice.
This is a trial for a life; the proceedings are instituted by the State.
The object is justice, not vengeance—the protection of society, through
the agency of an impartial, though stern justice. The State cannot wish
to effect anything by surprise. We are accused of murder and arson, with
no other notice of what is to be shown, or _how_ anything is to be
shown, than what is contained in the bill or complaint. Any one can see
how important it may be to us, to be apprised of the names of the
witnesses a little in advance, that we may inquire into character and
note probabilities. I do not insist on any _right_; but I ask a favour
that humanity sanctions.”
“If it please the court,” said Williams, “we have an important trust. I
will here say that I impute nothing improper to either of the prisoner’s
counsel; but it is my duty to suggest the necessity of our being
cautious. A great deal of money has been expended already in this case;
and there is always danger of witnesses being bought off. On behalf of
my client, I protest against the demand’s being complied with.”
“The court has no objection to the course asked by the prisoner’s
counsel,” observed the judge, “but cannot direct it. The State can never
wish its officers to be harsh or exacting; but it is their duty to be
prudent. Mr. District Attorney, are you ready with your evidence? Time
is precious, sir.”
Public-domain text, read in full here on John Shaqi.
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