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DR. MEDJORA SURRENDERS
Madam Cora Corona watched the destruction of the old mansion in which she had last seen her lover, with mingled feelings of horror and of hope. At one moment it seems impossible that the Doctor could find a means of escaping from the flames, whilst at the next she could but remember the manner of man that he was, and that having told her of his intention to surrender to the police, he would scarcely have chosen so horrible a death whilst immediate safety was attainable by simply opening the door of the passageway before the flames enveloped the whole building. Besides, how did the fire occur? He must have started it himself, and, if so, with what object, except to cover up his escape? But love, such as she bore this man, could never be entirely free from its anxiety, until the most probable reasoning should become assured facts. So, with a dull pain of dread gnawing at her heart, she drove her horses home, holding the reins herself, and lashing the animals into a swift gait, which made their chains clank as they strained every nerve to obey their mistress's behest.
Reaching her sumptuous home on Madison Avenue, she hurried to her own room, passing servants, who moved out of her way awed by her appearance, for those who dwelt with her had learned to recognize the signs which portended storm, and were wise enough to avoid the violence of her anger.
Tossing aside her bonnet and mantle, regardless of where they fell, Madam Corona dropped into a large, well-cushioned arm-chair, and gazed into vacancy, with a hopeless despair depicted on her features. The death of Dr. Medjora would mean much to this woman, and as the minutes sped by, the conviction that he must have perished, slowly burned itself into her brain.
She was the widow of a wealthy Central American. Her husband had been shot as a traitor, having been captured in one of those ever-recurring revolutions, whose leaders are killed if defeated, but made governors if they succeed; rulers until such time when another revolutionary party may become strong enough to depose the last victors. Thus the chance of a battle makes men heroes, or criminals.
She had never loved her husband, and, with a sensual, passionate temperament, which had never been satisfied by her marriage, she welcomed her freedom and her husband's wealth as a possible step towards that love for which she longed. Exiled from her own country, because of the politics of her dead husband, she had come to the United States, the home of all aliens. Her estates had not been confiscated, for fear that the fires of the revolution, smothered but not quenched, might have been again stirred by a seeming warring against the woman. But the President had said to his council:
"Madam Corona is too rich, and she talks too much." So the hint had been given to her to depart, and she had acquiesced, glad enough to retain her fortune.
In New York she had been welcomed amidst the Spanish-Americans, and with a different temperament might readily have endeared to herself a host of true friends. But her selfish desire for a despotic sway over all who came near, and her extreme jealousy of attentions to others, imbued those who made her acquaintance with an aversion which was scarcely concealed by the thin veneer of the polite formalities of social life. So she knew that in the new, as in the old home, she had no friends.
One day she was taken ill, and sent for Dr. Medjora, of whom she had heard, though she had not met him. His skill brought about her rapid recovery, and, being attracted by his fine appearance, she invited him to visit her as a friend. He availed himself of this opportunity to become intimate with a wealthy patron, and called often. Very soon she became aware of the fact that here was a man over whom she could never hope to dominate, and so, as she could not make him her slave, she became his. Her whole fiery nature went out to him, and she courted him with a wealth of passion which should have melted ice, but which from the Doctor earned but little more than a warm hand-clasp at parting. Finally, to her utter amazement, as she was about to despair of ever attracting him, he came to her and asked her to marry him. She consented joyously, and for twenty-four hours lived in rapture.
Then her morning paper told of the death of Mabel Sloane, and connected the Doctor with the tragedy. She hurried to his office and heaped upon him vituperation and reproach, such as only could emanate from a heart capable of the deepest jealousy. He met the storm unflinchingly, and turned it away from himself by reminding her that he would probably be tried for murder, and that thus she would be rid of him. At once she changed her threats to entreaties. She begged him to fly with her. Her wealth would suffice, and in some other clime they could be safe, and she would forget, forgive, and love him.
He appeared to yield, and bade her be ready to come to him at his bidding. She returned home, only to write him a long urgent letter, containing money; the letter to which the Doctor had alluded during the conversation overheard by young Barnes. Then she had been summoned and had gone to him. And now? Now the longer she thought, the more certain did it appear to her, as the hours went by, that her lover was dead. And such a death! She shuddered and closed her eyes. But she could not shut out the vision of her beloved Doctor standing bravely, with folded arms, as the flames crept upon him, surrounded him, and destroyed him. She could not shut out the sound of a last despairing cry wrung from his unwilling lips, as with a final upflaring of the flame, the whole structure fell in.
Maddened by her thoughts, at length she started up and turned towards her basin, intending to lave her fevered brow, when with a cry she sprang back, for there, in her room, with arms folded as in her vision, stood what she could but suppose to be the wraith of the dead. She shrieked, and fell forward in a swoon, to be caught in the arms of Dr. Medjora, who had admitted himself, unknown to the sleeping servants, by a latch key furnished to him by her, when she had begged him to join her in flight.
When she recovered consciousness and realized that this was no spectre which had intruded upon her, she lavished upon him a wealth of kisses and caresses, which should have assured him of the intensity of her love and joy. She laughed and cried alternately, petted him and patted his cheeks, kissed him upon the hands, upon his face, his hair, his lips. She threw her arms around him and pressed him to her palpitating heart, the while crying:
"Alive! Thank heaven! Alive! Alive!"
"And did you think me dead, Cara mia?" He folded his arms about her, touched by the evident genuineness of her feelings, and moved to some slight response.
"Yes! I thought so! No! I did not! I knew you were too clever to die so. But then the flames! They ate up the whole building, and I did not see how – I could not imagine – and I was afraid! But now you are safe again! You are with me, and I love you a million times more that I have mourned your death!"
"Come, come, dear heart! I am alive and unhurt. I never was in danger.
I would not kill myself, you know. I love my life too well! And it was
I who set the fire!"
"I thought that too at times! You did it to baffle the police! I see it all! Oh, you are so clever! Now they will think you dead, and we can go away together and live without fear! Is it not so?"
"No, Cora! As I told you this afternoon, I shall give myself up to the police!"
"No, no, no! You must not! You shall not! What, risk your precious life again? You will not, say that you will not! If you love me, say it!"
She twined her arms about his neck, and held him tight as though he meditated going away at once. In the fear of this new danger, an agony welled up about her heart, and tears choked her utterance. But the Doctor remained impassive. He gently, but forcibly, disengaged himself from her embrace, and seating himself, drew her down to her knees beside him. Then he took her head in his hands, compelling her to look at him, and spoke to her in measured tones.
"Cora! Calm yourself! You are growing hysterical. You know me too well, to suppose that I would swerve from a fixed purpose. I will not leave this city. As I have told you, all my hopes for the future bind me here. Elsewhere I should be as nothing, here I will grow into greatness, – greatness which you shall share with me, if you be but brave!"
"But this trial! Suppose – suppose – oh! The horror of it!" She dropped her head upon his lap and wept. He stroked her beautiful black hair, which had become disengaged and now fell down her back, completely covering her shoulders. Presently when she was more quiet, only an occasional sob indicating that she was yet disturbed, he spoke to her, soothingly, caressingly, so that under the magic of his tones she gradually recovered her self-possession.
"My little one, have no fear! This trial is but an incident which scarcely gives me a troublesome thought. The worst is that I shall probably be in prison for some time awaiting trial. A meddlesome interference with the liberty of a man, which the law takes, offering no recompense when the accused is proven to have been innocent. This is one of the anomalies of a system which claims to administer equal rights and justice to all. I am accused of a crime. I am arrested and incarcerated for weeks, or months. I am tried and acquitted. I spend thousands of dollars in my defence. When I am released, I am in no way repaid for my loss of liberty and money. Indeed, innocent though I be, I am congratulated by a host of sympathizers because I was not hanged. But I have had full justice. I have been accorded an expensive trial, with learned talent against me, etc., etc. The law is not to blame, nor those who enforce the laws. I am the victim of circumstances, that is all. Well, so be it. A stupid doctor has warned the authorities that a woman has died of morphine poisoning, despite the fact that a more competent man has signed a certificate that she died of a natural disease. So I have been accused, and will undoubtedly be indicted and tried. But do you not see, that I have but to show that diphtheria caused death, and my innocence will be admitted?"
"Yes, but – !"
"No! There is no but? Now show me to a room, where I may rest unobserved, until the day after to-morrow. We must not rob the public of its sensation too soon. Think of it, I read my own holocaust in an afternoon paper!"
Madam Corona shivered at this, not yet fully unmindful of her own recent forebodings. Obediently she took him to a room, and left him, the single comforting thought abiding with her, that she would have him all to herself during the whole of the following day.
When Messrs. Dudley and Bliss learned from Barnes that he had followed Dr. Medjora, and had seen him go into the building which had been destroyed by fire, their hope that possibly the newspaper accounts were erroneous, was dissipated.
"I knew it!" began the junior member. "I knew that it was too good to be true. Think of that man's permitting himself to be burned to death just as we were about to get our chance. It's too exasperating."
"It is annoying, Robert, of course," said Mr. Dudley. "Yet there is some comfort in the thought that he had the courtesy to pay us a retainer. That five hundred is most acceptable."
"Oh! certainly, the money will come handy, but what is five hundred dollars to an opportunity such as this would have been?" Mr. Bliss was in a very bad humor.
"Robert," began his partner, speaking seriously, "you must not be so impatient. We are no worse off, at any rate, than before the man called upon us, so far as our profession goes, and we are better off than we would be if he had not called at all. You should be grateful for the good received, and not cry after lost possibilities."
"Oh! well! I suppose you are right!" and throwing up both arms in a gesture of disgust, he went to his desk and began writing furiously. A long silence was maintained. These two men contrasted greatly. They had met each other during their law-school days, and were mutually attracted. Mr. Dudley was a hard student who had realized early in life that the best fruit comes to him, who climbs, rather than to him who shakes the tree; whilst that man who lies at ease, basking in the sunshine and waiting for ripe plums to fall into his mouth, is likely to go hungry. He was methodical, persistent, patient, energetic. He wasted no time. Even during his office hours, if there were nothing else to occupy him, he would continue his studies, delving into the calf-bound tomes as though determined to be a thorough master of their contents.
Mr. Bliss was his antithesis, and yet he had just those qualifications which made him complement his partner, so that he strengthened the firm. He was a brilliant, rather than a deep student. He read rapidly, and had a remarkable memory, so that he had a superficial comprehension of many things, rather than a positive knowledge of a lesser number. He could be both rhetorical and oratorical, and, at a pinch, could blind a jury with a neat metaphor, where surer logic might have made a smaller impression, being less attractive. When addressing the jury, he would become so earnest, that by suggesting to his hearers that he himself was convinced of the truth of his utterances, he often swayed them to his wishes. He was quick, too, and keen, so that he eventually became justly celebrated for his cross-examinations. But at this time his greatness had scarcely begun to bud, and so he sat like a schoolboy in the dumps, whilst his graver partner, though equally disappointed at the prospect of losing a good case, showed not so much of his annoyance.
Presently Barnes entered with a telegram, which Mr. Bliss took, glad of anything to divert his thoughts. A moment after reading it he was greatly excited, and handing the message to his partner, exclaimed:
"Mortimer, in heaven's name read that!"
Mr. Dudley took the despatch and read as follows:
"Be at office District Attorney to-morrow ten o'clock. I will take your advice and surrender. Medjora."
"Well, Robert, what of it?"
"What of it? Has the Western Union an office in the other world now, that dead men may send telegrams?"
"Certainly not. Therefore this was sent before he died."
"Before he died!" This unthought-of possibility shattered the rising hopes of Mr. Bliss. He made one more effort, however, saying:
"What is the date?"
"Why, the date is to-day!" said Mr. Dudley, slowly. "Singular! But it is an error, of course."
"Why do you say 'of course'?" asked his partner, testily. "You seem to be anxious to lose this case. Now, how do you know that Medjora is dead after all?"
"Why Barnes saw him go into the building, and he could not have escaped, for the place was surrounded by the police."
"There is no telling what that man can do. I verily believe that he is more than human, after the way in which he read my thoughts yesterday. I am going to probe this thing to the bottom." And before his partner could detain him, he had taken down his hat and rushed off.
Two hours later, he returned discouraged. At the main office he had been referred to a branch, far uptown. Arriving there he found that the operator who had sent the despatch had gone off duty. The original blank upon which the message had been written was undated. So he learned practically nothing.
"Never mind," said he, doggedly, after relating his ill-success, "I will go to the District-Attorney's office to-morrow, and wait for that man whether he come, or his ghost. I firmly believe that one or the other will do so."
"I will go with you," said Mr. Dudley. "Only promise me to say nothing, unless our man turns up."
At half-past nine on the next morning, both of the young lawyers were at the appointed place. Mr. Dudley sat down and read, or appeared to read, the paper. Mr. Bliss walked about impatiently, leaving the room occasionally to go out into the hall and stand at the main doorway, looking into the street.
A few moments before ten o'clock the District Attorney himself arrived and nodded pleasantly to the young men, with whom he was acquainted.
"Waiting for me?" he asked of Mr. Dudley.
"No! I am waiting for a client," was the quiet rejoinder. Mr. Bliss started to speak, but a signal from his partner reminded him of his injunction.
"Strange news in the morning paper," remarked the District Attorney, evidently full of his topic. "That man Medjora, the fellow who poisoned his sweetheart you know, was burned to death trying to escape the detectives. Served him right, only it is a great case missed by us lawyers, eh?"
"Why do you say it served him right?" asked Mr. Bliss, quickly. He still hoped that the Doctor would appear, and it occurred to him instantly, that he might learn something from the prosecution, thus taken unawares, supposing the case to be ended.
"Oh, well!" said the old lawyer, careful of speech by habit rather than because he saw any necessity for caution in the present instance; "had the case come to trial, we had abundant evidence upon which to convict, for Medjora certainly murdered the girl."
"Your are mistaken!" said a clear voice behind them, and as the three men turned and faced Dr. Medjora, the clock struck ten. Without waiting for them to recover from their surprise the Doctor continued: "Mr. District Attorney, I am Emanuel Medjora, the man whom you have just accused of a hideous crime; the murder of a young girl, by making use of his knowledge of medicine. To my mind there can scarcely be a murder more fiendish, than where a physician, who has been taught the use of poisons for beneficent purposes, prostitutes his knowledge to compass the death of a human being; especially of one who loved him." He uttered the last words with a touch of pathos which moved his hearers. Quickly recovering he continued: "Therefore, both as a man, and as a physician, I must challenge you to prove your slanderous statement. I have come here to-day, sir, to surrender myself to you as the law's representative, that I may show my willingness to answer in person the charges which have been made against me. Messrs. Dudley & Bliss here, are my counsel."
The District Attorney was very much astonished. Not only was he amazed to see the man alive, when he had been reported dead, but he was entirely unprepared to find this suspected criminal to be a man of cultured refinement, both of speech and of manner. He was thus, for the moment, more leniently inclined than he would have been, were he alone considering the mass of evidence which his office had already collected against the Doctor. Turning to him therefore he said:
"So you are Dr. Medjora! Well, sir, I am delighted to see you. That you have voluntarily surrendered yourself will certainly tell in your favor. You must pardon my hasty remark. But I thought that you were dead, and – "
"And as you could not hurt the dead, you saw no harm in calling an unconvicted man a murderer. I see!" There was a vein of satirical reproach beneath the polished manner of saying these words, which stung the old lawyer, and restored him at once to his wonted craftiness.
"Perhaps you are right, Doctor, and I ought not to have used the words about you, dead or alive. Of course, in this office the prisoner is only the accused. Never more than that, even in our thoughts. That is an imperative injunction which I place upon all of my assistants. You see, gentlemen," he addressed them all collectively, with the purpose of bringing the Doctor to the conclusion that he was not specially thinking of him. Thus he prepared to spring a trap. "You see, the District Attorney is a prosecuting officer, but he should never persecute. It is his duty to represent and guard the liberties of the whole community. He should be as jealous of the rights of the accused, as of the accuser. More so, perhaps, for the prisoner stands to an extent alone, whilst the whole commonwealth is against him. And so, Dr. Medjora, if you are an innocent man, as you seem to be, it would be my most pleasing duty to free you from the stigma cast upon you. And should you come to trial, you must believe that the more forcible my arguments may be against you, the more do I espouse your cause, for the more thorough would be your acquittal if you obtained the verdict." Then having, as he thought, led his man away from his defence, he asked quickly, "But tell me, why have you not surrendered before?"
If he hoped to see the Doctor stammer and splutter, seeking for some plausible explanation, he was doomed to disappointment. Dr. Medjora replied at once, ignoring a signal from Mr. Bliss not to speak.
"Mr. District Attorney, I will reply most candidly. Whilst, as you have just said, it is your duty to guard the interests of the accused as well as of the commonwealth, I regret to be compelled to say that such is not your reputation. People say, and I see now that they must be wrong," – the Doctor bowed and smiled most politely, – "but they do say that with you it is conviction at any cost. Thus even an innocent man might well hesitate to withstand the attacks of so eminent and skilful a jurist as yourself. Circumstantial evidence, whilst most reliable when thoroughly comprehended, may sometimes entrap the guiltless. So whilst my blood boiled in anger at the disgraceful charges which were made against me, my innate love of liberty, and my caution, bade me think first. Not satisfied with my own counsel, I deemed it wise to consult legal authority, which I did two days ago. Messrs. Dudley & Bliss advised me to surrender, confident that my innocence will be made so apparent that I do not materially jeopardize my life. In compliance with the understanding entered into two days ago, as these gentlemen will testify, I am at your service."
"But why did you not come here two days ago?"
"Because I had some affairs of a private nature to arrange."
"What about the incident of the fire reported in the papers?"
"Why, I see nothing in that but poor reportorial work. I did not choose to be arrested when I had decided voluntarily to surrender, as such a mischance would have injured my case. I therefore escaped during the confusion. That I was unobserved, and was reported to have perished, is not my fault certainly."
"Very well, Doctor. You have not been indicted, and there is no warrant out for your arrest; still, as you have surrendered, are you willing to be taken to prison?"
"That is what I expect. I am entirely ready."
"May I ask," said Mr. Dudley, addressing the District Attorney, "in view of the fact that our client has voluntarily surrendered himself, that his confinement in prison may be as brief as possible? We claim that the Doctor is an innocent man, deprived of his liberty whilst awaiting trial, through the blundering accusations of a stupid physician. We venture to suggest that common justice demands that his trial should be as soon as possible."
"I shall arrange to have the trial at as early a date as is consistent with my duty to the commonwealth!"
"And to the accused?" interjected Dr. Medjora, with a twinkle in his eye.
"And to the accused, of course," said the old lawyer, with a smile, unwilling to be outdone.
And so Dr. Emanuel Medjora was taken to prison to await his trial, and the public was treated to another sensation through the newspapers.
CHAPTER V.
FOR THE PROSECUTION
In spite of the promises of the District Attorney, several months passed before the great murder trial was commenced. The public at last were delighted to hear that their love for the harrowing details of a celebrated crime was to be satisfied. A few of the newspapers of the sensational stamp announced that they, and they only, would have the fullest accounts, illustrated with life-like portraiture of the accused, the lawyers, the judge, the jury, and the chief witnesses. This promise was so well fulfilled that on the opening day there appeared several alleged portraits of Dr. Medjora, which resembled him about as little as they did one another.
Several days were consumed before the jury was impanelled, and then at length the prosecution opened its case, which was mainly in charge of Mr. George Munson, a newly appointed Assistant District Attorney, the very man of whom Mr. Dudley had spoken, when his partner had bewailed their unfortunate lot, because they had never been intrusted with a criminal case.
Mr. Munson was a rising man. He had attracted attention, and was receiving a reward of merit by his promotion to the office which he now filled. It was hinted somewhere, that his appointment had been largely dependent upon his conduct of that murder case, during which he had shown a wonderful knowledge of chemistry, for one not actually a chemist. And his having charge of this most important case, in which chemical expert testimony seemed likely to play an important part, substantiated the statement.
He was well versed in law, was keen and quick at cross-examination, and merciless in probing the private lives of witnesses, when such action promised to aid his cause. He was not, however, a very brilliant speaker, but it was expected that the District Attorney would himself sum up. Thus the prosecution seemed to be in able hands. Opposed to them were Messrs. Dudley & Bliss, two young, unknown men, and people wondered why the Doctor, reputed to have wealth, had not engaged more prominent counsel.
Mr. Munson's opening speech was not lengthy. He confined himself to a brief statement of his case, summarizing in the most general fashion what he expected to prove; in brief, that Mabel Sloane had died of morphine poisoning, and not of diphtheria, that the poison had been administered by Dr. Medjora, and that his object had been to rid himself of a woman who stood in his path, an obstacle to the advancement of his ambition. Mr. Munson thus avoided the mistake so often made by lawyers, where, following the temptation to make a speech, they tell so much that they weaken their cause, by affording their opponents time to prepare a more thorough defence.
A few witnesses were called to establish in a general way the death of the girl, her place of residence, and such other facts as are essential in the preparation of a case, in order that no legal technicality may be neglected. But as it is manifest that I cannot, in the scope of this narration, give you a full account of the trial, I shall confine myself to compiling from the records just so much of the evidence as shall seem to me likely to attract your interest, and to be necessary to a full comprehension of the Doctor's position, and relation to this supposed crime.
The first important witness, then, was Dr. Meredith, the physician who had aroused suspicion by reporting to the Board of Health that the girl had, in his opinion, died of opium narcosis. It was apparent, when he took the stand, that he was extremely nervous, and disliked exceedingly the position in which he found himself. Indeed it is a very trying predicament for a physician to be called upon to testify in a court of law, unless he is not only an expert in his profession, but also an expert witness. He finds himself confronted by an array of medical and legal experts, all conspiring to disprove his assertions, and to show how little his knowledge is worth. Generally, he has little to gain, whereas he may lose much in the estimation of his patrons by being made to appear ridiculous on the stand.
After taking the oath, Dr. Meredith sat with his eyes upon the floor until Mr. Munson began to question him. Then he looked straight at the lawyer, as though upon him he relied for protection.
"You attended Miss Mabel Sloane in her last illness, I believe?" began
Mr. Munson.
"I did."
"How were you called in to the case?"
"I was called in consultation by Dr. Fisher."
"You were sent for by Dr. Fisher! Then I am to understand that you and he were good friends?"
"The best of friends."
"And are so still?"
"I think so. Yes."
"And Dr. Medjora. Did you know him before your connection with this case?"
"Only slightly."
"Were you present when Miss Sloane died?"
"I was present for half an hour before she died."
