The wrangle continued, waxing hotter and hotter. The Colonel seeing the attention of the counsel and Court entirely withdrawn from him, thought he perceived here his opportunity, turning and beaming upon the jury, he began simply to talk, but as the grandeur of his position grew upon him--talk broadened unconsciously into an oratorical vein.
"You see how she was situated, gentlemen; poor child, it might have broken her, heart to let her mind get to running on such a thing as that.
You see, from what we could make out her father was lame in the left leg and had a deep scar on his left forehead. And so ever since the day she found out she had another father, she never could, run across a lame stranger without being taken all over with a shiver, and almost fainting where she, stood. And the next minute she would go right after that man.
Once she stumbled on a stranger with a game leg; and she was the most grateful thing in this world--but it was the wrong leg, and it was days and days before she could leave her bed. Once she found a man with a scar on his forehead and she was just going to throw herself into his arms,`
but he stepped out just then, and there wasn't anything the matter with his legs. Time and time again, gentlemen of the jury, has this poor suffering orphan flung herself on her knees with all her heart's gratitude in her eyes before some scarred and crippled veteran, but always, always to be disappointed, always to be plunged into new despair--if his legs were right his scar was wrong, if his scar was right his legs were wrong. Never could find a man that would fill the bill.
Gentlemen of the jury; you have hearts, you have feelings, you have warm human sympathies; you can feel for this poor suffering child. Gentlemen of the jury, if I had time, if I had the opportunity, if I might be permitted to go on and tell you the thousands and thousands and thousands of mutilated strangers this poor girl has started out of cover, and hunted from city to city, from state to state, from continent to continent, till she has run them down and found they wan't the ones; I know your hearts--"
By this time the Colonel had become so warmed up, that his voice, had reached a pitch above that of the contending counsel; the lawyers suddenly stopped, and they and the Judge turned towards the Colonel and remained far several seconds too surprised at this novel exhibition to speak. In this interval of silence, an appreciation of the situation gradually stole over the, audience, and an explosion of laughter followed, in which even the Court and the bar could hardly keep from joining.
Sheriff. "Order in the Court."
The Judge. "The witness will confine his remarks to answers to questions."
The Colonel turned courteously to the Judge and said, "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.]