Must the Maiden Die (32 page)

Glynis could only think that by now her face
must be a livid red. And she could see Cullen making little attempt
to conceal a smile.

"Well, my congratulations on your return,
Mr. Merrycoyf," said Judge Endicott. "May I assume you wish to
speak to this autopsy request?"

"Yes, Your Honor," Merrycoyf answered. "Now
that I have some better understanding of these lamentable
circumstances, I believe an autopsy to be absolutely essential. I
am informed that my client's feverish ramblings dealt with a knife.
Not with a head injury caused, in the learned doctor's words, by a
blunt object. My client, Your Honor, must therefore be protected by
a fair determination of the cause of death."

"I tend to agree," Judge Endicott said,
"that too much doubt has been cast to avoid an autopsy. Request
granted. Will the clerk call the next item on the calendar?"

Glynis wondered if anyone else in the
courtroom had caught the subtle but powerful shift that occurred
when Tamar Jager was no longer merely the Brants' "indentured
servant girl." When, instead, she became eminent attorney Jeremiah
Merrycoyf’s "my client."

Erich Brant, to his credit, did not take
vocal exception to the judge's ruling; not that it would have done
him any good if he had. But when he came down the aisle past
Glynis, she received not even an angry glance, so distracted did he
seem. When she heard the door behind her open, then close with a
sharp report, she then wondered if Erich's objection to an autopsy
was truly based on a belief that his father's body should not, in
his term, be desecrated. Or could he be more concerned about what
an autopsy might reveal?

In the meantime, Merrycoyf had lumbered back
to his seat. And Neva, before she sat down, sent Glynis what
appeared to be a conciliatory nod. As if to say,
You could have
been right.
Glynis breathed easier.

The clerk called the next item on the
calendar. "Petition for sole custody of Tamar Jager, filed by her
mother, Mrs. Elise Jager. In opposition to the petition is her
father, Mr. Derek Jager."

"May I assume," asked a surprised-looking
Judge Endicott, "that this is one and the same Tamar Jager about
whom I've just heard? Mr. Merrycoyf?"

Again Merrycoyf rose to his feet to answer,
"Yes, Your Honor, to my knowledge it is."

"Very well. Are both parties here?"

Glynis had sat forward with a start, looking
around the courtroom for Derek Jager, whom she hadn't seen enter.
As Elise Jager passed her on the aisle, Glynis was troubled to note
that Waterloo attorney Orrin Makepeace Polk was also going forward,
Polk's resemblance to a ferret more pronounced every time she had
the misfortune to see him. How could he be involved in this?

"Your Honor," said Polk in his shrill voice,
"I am here representing Mr. Derek Jager, sir."

"And where is your client?"

"Mr. Jager received the show cause order
late yesterday, Your Honor, only an hour or two before he was
scheduled to leave Seneca County. On important business," Polk
added. "At that time he retained my services."

"Are you ready to proceed on such short
notice, Mr. Polk?"

"Oh, yes, indeed, Your Honor! Absolutely
ready, and eager to proceed."

Judge Endicott's thick brows raised only
slightly before he turned to address Elise Jager. "You are the
petitioner, Mrs. Jager?"

"Yes, I am, sir."

"According to the calendar, you are
appearing, madam, on your own behalf?"

"Please, Your Honor," came the voice of a
rather young, studious-looking man who was hurrying up the aisle,
and whom Glynis recognized as M. B. Blaustein of the Waterloo law
firm of Blauvelt & Blaustein. "Your Honor," said Blaustein
somewhat breathlessly, "I hope you will accept an apology for my
tardiness. I have just this morning been retained as counsel for
Mrs. Jager, sir."

"I am very glad to hear it," Judge Endicott
responded, removing his spectacles. "I've had only one prior case
involving the recent statute allowing mothers to request custody,
and the new law has raised some profound issues. And, given what
has already come to pass here this afternoon, I would imagine there
will be some complications. Are you ready to proceed, Mr.
Blaustein?"

"No, sir, I am not ready. My client and I
came today solely to answer the calendar. I need more time to
prepare, as there are contentious matters in this case, Your Honor.
I need to investigate all the factors involved, and would like to
have this hearing scheduled for next week."

Judge Endicott had begun to nod, when Orrin
Polk stepped forward.

"Your Honor," protested Polk, "I have a
subpoenaed witness here and, frankly, sir, I don't want to take
the risk of him leaving the court's jurisdiction. I therefore
earnestly request that this witness be heard today."

Whom could Polk be talking about? Glynis
wondered uneasily. The witness must be a hostile one, else Polk
would not be so worried about a possible disappearance. She turned
to look over the courtroom and then saw the man several rows back
who had come in just after Elise Jager; in his early fifties,
Glynis guessed, the man had a short-bearded jaw thrust forward in a
combative manner. His brows were the same light brown color as his
hair, and his blue eyes were deep-set and sharp. Glynis felt
certain that she hadn't seen this man before today.

Judge Endicott, his frown and spectacles
back in place, asked Polk, "Just who is this witness—and is his
testimony critical to this case?"

"Extremely critical, Your Honor! His name,
sir, is John Humphrey Noyes, and he is the leader of the infamous
Oneida Community just east of Syracuse."

Oh, dear Lord! Glynis thought, gripping the
seat of her chair. She recognized the man's name immediately,
having seen it often enough in newspapers, usually being denounced
by members of the western New York clergy in connection with his
"free love" commune at Oneida. Judge Endicott's expression didn't
change, though, so perhaps it was not only the Seneca Falls
newspaper that he avoided.

In contrast, Elise Jager's response to
Polk's request was unmistakably distressed. And now Glynis
remembered Liam Cleary's stammered report about the man in Mrs.
Jager's hotel room. Might that man possibly have been a member of
the controversial John Humphrey Noyes’s sect? If so, heaven help
her.

In the meantime, attorney M. B. Blaustein
had sent Elise Jager a baffled look. And now she, hiding her words
behind her hand, was telling him something that made him abruptly
swivel toward the judge.

"Your Honor," said the attorney, in a voice
less confident than that of his previous statements, "we filed as
petitioners, sir, and we have the right to be heard first.
Therefore I urgently request, again, that this hearing be scheduled
on the court's calendar no sooner than next week."

"Mr. Polk," said Judge Endicott, "is it my
understanding that you wish to call this witness now?”

"If you please, Your Honor," Polk responded
in an excessively deferential manner that Glynis found grating.
"There is considerable legal precedent, sir, for allowing a witness
to be called out of turn."

"I am aware of the legal precedent,
counselor," returned the judge. Therein followed a long silence
while Judge Endicott again removed his spectacles, this time
examining them minutely as if for flaws. He finally replaced them,
saying, "Under the circumstances, Mr. Polk, and since your
witness is not a resident of this county, it makes sense to allow
him to testify today."

"Thank you, Your Honor!"

"But sir," Blaustein argued, "I've had no
time to prepare for—"

"You'll have opportunity next week, Mr.
Blaustein," came a short reply from the judge. "I hereby schedule
the testimony of the witness Mr. Noyes, in this custody
proceeding, for three o'clock this afternoon. Mr. Clerk, continue
the calendar call."

Instead the clerk handed the calendar up to
him.

This time Judge Endicott scowled and said,
"It seems we have yet
another
item today which concerns
Tamar Jager, one just added to the calendar. You might want to
remain for this with your client, Mr. Blaustein. You, too, Mr.
Polk."

The judge nodded to the clerk, and sat back
in his chair, reaching under his robe to withdraw a white
handkerchief. Glynis had no doubt for what purpose it would be
used.

The clerk read, "Petition for protective
custody of Tamar Jager, submitted by the constable of Seneca Falls,
Cullen Stuart."

"All right, Constable Stuart," said Judge
Endicott, employing the handkerchief with vigor to his spectacles.
"What is
this
about?"

Cullen, who had already walked to the bench,
answered, "Your Honor, I am requesting protective custody for the
girl, pending her recovery from shotgun wounds. Since she has made
a confession—whether under extenuating circumstances or not—she
should, theoretically, be locked up. But Dr. Cardoza-Levy has said
the girl isn't well enough to be removed from medical care at this
time."

"Is that true, Doctor?" asked Judge
Endicott.

"Yes, Your Honor. She is absolutely in need
of medical care."

"I anticipate," said the judge, replacing
his handkerchief and his spectacles, "that we have the potential
for a murder trial here. For how long will this medical need
exist?"

"I can't say exactly, sir. The girl is
extremely malnourished"—Neva shot a glowering look at Orrin Polk—
"and that will certainly retard the healing process."

Judge Endicott turned to Cullen. "What is
your suggestion, Constable?"

"That Dr. Cardoza-Levy be granted protective
custody at this time," Cullen answered.

"Mr. Merrycoyf," the judge said, "do you
have any objection?"

Merrycoyf again hoisted himself to his feet.
"None whatsoever, Your Honor. It is, I believe, a most
satisfactory solution." That said, he sat down rather heavily.

"Excuse me, sir," M. B. Blaustein
interjected as he came forward again, "but I understood that
custody of Tamar Jager was to be decided upon the petition of my
client. Since her daughter has confessed to murder, Your Honor,
Mrs. Jager wants to be sure she will take part in selecting the
best legal defense available."

She already
has
the best, Glynis
thought with some irritation.

And indeed, Judge Endicott gave Elise Jager
a wry smile, and said, "You needn't worry on that account,
madam."

Orrin Polk's long neck snaked forward as he
immediately objected. "Your Honor, with all due respect to my
colleague, Mr. Merrycoyf, my client will most certainly want an
attorney of his own choosing. For
his
daughter, sir."

Off came the spectacles. After which Judge
Endicott appeared to be staring into space. What he saw there
remained a mystery until, the spectacles again in place, he asked,
"Does anyone here know the story of the judicious biblical king
Solomon?"

Glynis, despite her anxiety, had to smile at
the singular aptness of his question. The judge evidently saw the
smile, as he nodded to her, saying, "Yes, I expect a librarian
would know."

He leaned over the bench toward the clerk
and said, "Until I've ruled on the petition of Mrs. Elise Jager, I
direct that protective custody of Tamar Jager be granted to Dr.
Cardoza-Levy. And we will now adjourn until the proceeding
scheduled for three o'clock."

When the will of God is done on earth as
it is in heaven,
there will be no marriage …
In a holy
community, there is no more reason why sexual intercourse should
be restricted by law, than why eating and drinking should.

—John Humphrey Noyes, 1837

A short time later Glynis again entered the
courtroom, but Merrycoyf, together with Neva and Cullen, had
pleaded the necessity of returning to Seneca Falls. M. B. Blaustein
had opportunely requested and received from Merrycoyf permission to
speak with Tamar Jager; the lawyer offered Glynis transport if she
wished to stay in Waterloo for the afternoon hearing. Since she
thought there could be something to learn here, she accepted his
offer.

After taking the seat she had earlier
occupied, only a minute or two passed before Elise Jager, looking
strained, and M. B. Blaustein, looking preoccupied, filed back into
the room. They were followed by the tall, seemingly unconcerned
John Humphrey Noyes. Orrin Makepeace Polk entered alone. And
deservedly so, Glynis thought.

She was scolding herself for this meanness
when the Waterloo bailiff appeared, shouting "Oyez! Oyez! Let all
who have business before the court come forward and you shall be
heard. All rise."

When Judge Endicott had settled himself on
the bench, the small group reseated themselves. Apparently
satisfied that his spectacles were securely placed, at least for
the time being, the judge straightened. At which point Orrin Polk
sprang to his feet to say, "Your Honor, may I approach the
bench?"

"We haven't begun yet," said Judge Endicott,
frown already restored.

"No, sir, but I have a matter that I would
like Your Honor to address before we do," stated Polk.

"Very well, come forward."

If Polk expected a private conference,
Glynis guessed he must have been disappointed when Judge Endicott
motioned for M. B. Blaustein to join them. There followed several
minutes of hushed but apparently lively conversation, which Glynis
strained unsuccessfully to overhear.

Judge Endicott then addressed the courtroom,
which consisted of the bailiff, the clerk, the two lawyers, Elise
Jager, John Humphrey Noyes, and Glynis. Not exactly a
standing-room-only crowd, she thought, her curiosity aroused.

"It has been brought to my attention," Judge
Endicott announced, and Glynis found to her surprise that he was
looking straight at her, "that portions of today's testimony may
prove inappropriate for the tender sensibilities of a lady. Since
one of the only two ladies present is directly involved in this
hearing, the caveat would seem to be directed at you, Miss
Tryon."