“Certainly, your Honor–certainly. I am not well acquainted with the
forms of procedure in the courts of New York, but in the West, sir, in
the West–”
The Judge. “There, there, that will do, that will do!
“You see, your Honor, there were no questions asked me, and I thought I
would take advantage of the lull in the proceedings to explain to the,
jury a very significant train of–”
The Judge. “That will DO sir! Proceed Mr. Braham.”
“Col. Sellers, have you any, reason to suppose that this man is still
living?”
“Every reason, sir, every reason.
“State why”
“I have never heard of his death, sir. It has never come to my
knowledge. In fact, sir, as I once said to Governor–”
“Will you state to the jury what has been the effect of the knowledge of
this wandering and evidently unsettled being, supposed to be her father,
upon the mind of Miss Hawkins for so many years!”
Question objected to. Question ruled out.
Cross-examined. “Major Sellers, what is your occupation?”
The Colonel looked about him loftily, as if casting in his mind what
would be the proper occupation of a person of such multifarious interests
and then said with dignity:
“A gentleman, sir. My father used to always say, sir”–
“Capt. Sellers, did you; ever see this man, this supposed father?”
“No, Sir. But upon one occasion, old Senator Thompson said to me, its my
opinion, Colonel Sellers”–
“Did you ever see any body who had seen him?”
“No, sir: It was reported around at one time, that”–
“That is all.”
The defense then sent a day in the examination of medical experts in
insanity who testified, on the evidence heard, that sufficient causes had
occurred to produce an insane mind in the prisoner. Numerous cases were
cited to sustain this opinion. There was such a thing as momentary
insanity, in which the person, otherwise rational to all appearances,
was for the time actually bereft of reason, and not responsible for his
acts. The causes of this momentary possession could often be found in
the person’s life. [It afterwards came out that the chief expert for the
defense, was paid a thousand dollars for looking into the case.]
The prosecution consumed another day in the examination of experts
refuting the notion of insanity. These causes might have produced
insanity, but there was no evidence that they have produced it in this
case, or that the prisoner was not at the time of the commission of the
crime in full possession of her ordinary faculties.
The trial had now lasted two weeks. It required four days now for the
lawyers to “sum up.” These arguments of the counsel were very important
to their friends, and greatly enhanced their reputation at the bar but
they have small interest to us. Mr. Braham in his closing speech
surpassed himself; his effort is still remembered as the greatest in the
criminal annals of New York.
Mr. Braham re-drew for the jury the picture, of Laura’s early life; he
dwelt long upon that painful episode of the pretended marriage and the
desertion. Col. Selby, he said, belonged, gentlemen; to what is called
the “upper classes:” It is the privilege of the “upper classes” to prey
upon the sons and daughters of the people. The Hawkins family, though
allied to the best blood of the South, were at the time in humble
circumstances. He commented upon her parentage. Perhaps her agonized
father, in his intervals of sanity, was still searching for his lost
daughter. Would he one day hear that she had died a felon’s death?
Society had pursued her, fate had pursued her, and in a moment of
delirium she had turned and defied fate and society. He dwelt upon the
admission of base wrong in Col. Selby’s dying statement. He drew a
vivid, picture of the villain at last overtaken by the vengeance of
Heaven. Would the jury say that this retributive justice, inflicted by
an outraged, and deluded woman, rendered irrational by the most cruel
wrongs, was in the nature of a foul, premeditated murder? “Gentlemen;
it is enough for me to look upon the life of this most beautiful and