jurymen, they were, as I have intimated, very much like all other bodies of a similar character. Picked up at random from the streets, but from such streets as the Fifth and Sixth Avenues, they presented much the same appearance of average intelligence and refinement as might be seen in the chance occupants of one of our city stages. Indeed, I marked but one amongst them all who seemed to take any interest in the inquiry as an inquiry; all the rest appearing to be actuated in the fulfilment of their duty by the commoner instincts of pity and indignation.
Dr. Maynard, the well-known surgeon of Thirty-sixth Street, was the first witness called. His testimony concerned the nature of the wound found in the murdered man’s head. As some of the facts presented by him are likely to prove of importance to us in our narrative, I will proceed to give a synopsis of what he said.
Prefacing his remarks with some account of himself, and the manner in which he had been summoned to the house by one of the servants, he went on to state that, upon his arrival, he found the deceased lying on a bed in the second-story front room, with the blood clotted about a pistol-wound in the back of the head; having evidently been carried there from the adjoining apartment some hours after death. It was the only wound discovered on the body, and having probed it, he had found and extracted the bullet which he now handed to the jury. It was lying in the brain, having entered at the base of the skull, passed obliquely upward, and at once struck the medulla oblongata, causing instant death. The fact of the ball having entered the brain in this peculiar manner he deemed worthy of note, since it would produce not only instantaneous death, but an utterly motionless one. Further, from the position of the bullet-hole and the direction taken by the bullet, it was manifestly impossible that the shot should have been fired by the man himself, even if the condition of the hair about the wound did not completely demonstrate the fact that the shot was fired from a point some three or four feet distant. Still further, considering the angle at which the bullet had entered the skull, it was evident that the deceased must not only have been seated at the time, a fact about which there could be no dispute, but he must also have been engaged in some occupation which drew his head forward. For, in order that a ball should enter the head of a man sitting erect at the angle seen here, of 45 degrees, it would be necessary, not only for the pistol to be held very low down, but in a peculiar position; while if the head had been bent forward, as in the act of writing, a man holding a pistol naturally with the elbow bent, might very easily fire a ball into the brain at the angle observed.
Upon being questioned in regard to the bodily health of Mr. Leavenworth, he replied that the deceased appeared to have been in good condition at the time of his death, but that, not being his attendant physician, he could not speak conclusively upon the subject without further examination; and, to the remark of a juryman, observed that he had not seen pistol or weapon lying upon the floor, or, indeed, anywhere else in either of the above-mentioned rooms.
I might as well add here what he afterwards stated, that from the position of the table, the chair, and the door behind it, the murderer, in order to satisfy all the conditions imposed by the situation, must have stood upon, or just within, the threshold of the passageway leading into the room beyond. Also, that as the ball was small, and from a rifled barrel, and thus especially liable to deflections while passing through bones and integuments, it seemed to him evident that the victim had made no effort to raise or turn his head when advanced upon by his destroyer; the fearful conclusion being that the footstep was an accustomed one, and the presence of its possessor in the room either known or expected.
The physician’s testimony being ended, the coroner picked up the bullet which had been laid on the table before him, and for a moment rolled it contemplatively between his fingers; then, drawing a pencil from his pocket, hastily scrawled a line or two on a piece of paper and, calling an officer to his side, delivered some command in a low tone. The officer, taking up the slip, looked at it for an instant knowingly, then catching up his hat left the room. Another moment, and the front door closed on him, and a wild halloo from the crowd of urchins without told of his appearance in the street. Sitting where I did, I had a full view of the corner. Looking out, I saw the officer stop there, hail a cab, hastily enter it, and disappear in the direction of Broadway.
Chapter III.
Facts and Deductions
“Confusion now hath made his master-piece;
Most sacrilegious murder hath broke ope
The Lord’s anointed temple, and stolen thence
The life of the building.”
—Macbeth.
Turning my attention back into the room where I was, I found the coroner consulting a memorandum through a very impressive pair of gold eye-glasses.
“Is the butler here?” he asked.
Immediately there was a stir among the group of servants in the corner, and an intelligent-looking, though somewhat pompous, Irishman stepped out from their midst and confronted the jury. “Ah,” thought I to myself, as my glance encountered his precise whiskers, steady eye, and respectfully attentive, though by no means humble, expression, “here is a model servant, who is likely to prove a model witness.” And I was not mistaken; Thomas, the butler, was in all respects one in a thousand—and he knew it.
The coroner, upon whom, as upon all others in the room, he seemed to have made the like favorable impression, proceeded without hesitation to interrogate him.
“Your name, I am told, is Thomas Dougherty?”
“Yes, sir.”
“Well, Thomas, how long have you been employed in your present situation?”
“It must be a matter of two years now, sir.”
“You are the person who first discovered the body of Mr. Leavenworth?”
“Yes, sir; I and Mr. Harwell.”
“And who is Mr. Harwell?”
“Mr. Harwell is Mr. Leavenworth’s private secretary, sir; the one who did his writing.”
“Very good. Now at what time of the day or night did you make this discovery?”
“It was early, sir; early this morning, about eight.”
“And where?”
“In the library, sir, off Mr. Leavenworth’s bedroom. We had forced our way in, feeling anxious about his not coming to breakfast.”
“You forced your way in; the door was locked, then?”
“Yes, sir.”
“On the inside?”
“That I cannot tell; there was no key in the door.”
“Where was Mr. Leavenworth lying when you first found him?”
“He was not lying, sir. He was seated at the large table in the centre of his room, his back to the bedroom door, leaning forward, his head on his hands.”
“How was he dressed?”
“In his dinner suit, sir, just as he came from the table last night.”
“Were there any evidences in the room that a struggle had taken place?”
“No, sir.”
“Any pistol on the floor or table?”
“No, sir?”
“Any reason to suppose that robbery had been attempted?”
“No, sir. Mr. Leavenworth’s watch and purse were both in his pockets.”
Being asked to mention who were in the house at the time of the discovery, he replied, “The young ladies, Miss Mary Leavenworth and Miss Eleanore, Mr. Harwell, Kate the cook, Molly the upstairs girl, and myself.”
“The