Must the Maiden Die (33 page)

Glynis was so dumbfounded that she couldn't
even respond. She just sat there, assuming she must look like a
simpleton, and thinking that now wild horses couldn't drag her
from this room. However, she could
not
think how to phrase
this in unmistakable but, of course, lady-like manner.

"Would it be safe to assume, Miss Tryon,"
asked Judge Endicott, and she saw a twitch at the corners of his
mouth, "that as a librarian you may occasionally have contact with
material that would not be, shall we say, seemly for those with
delicate constitutions?"

"That would be safe to assume, Your Honor,"
Glynis managed to reply.

"Then you are capable of exercising your own
judgment in this matter. Needless to say, if you are at any time
offended, you should leave."

Glynis nodded, murmuring "Thank you, sir,"
but decided that this was a damned-if-she-did, damned-if-she-didn't
proposition: if she left she would miss the promising testimony;
if she didn't, she would be branded less than a lady. But probably
only by the ignominious Polk. He had brought up the subject, she'd
wager anything, to embarrass her and, by association, Polk's
nemesis Jeremiah Merrycoyf.

"Therefore," Judge Endicott was now saying,
"since everyone has been well and truly cautioned, I would like to
think we can at last move forward. Mr. Blaustein, do you have
something to say regarding your client's custody petition before
Mr. Polk's witness is called?"

"Yes, Your Honor."

"Proceed."

M. B. Blaustein rose and went forward to
stand before the bench. "I would like to again state for the
record, Your Honor, that I need opportunity to investigate this
situation with thoroughness. Petitioner's daughter was sold into
servitude by her husband, the girl's father, Derek Jager. Against
the express wishes of my client."

"Objection!" declared Polk. "Your Honor,
that is irrelevant."

"It is not irrelevant, Mr. Polk," responded
the judge. "This application is governed by Section 9 of Chapter
90, newly adopted by the New York state legislature." He removed
his spectacles and for several minutes shuffled, scowling, through
a stack of papers, until he raised his head to ask, "Mr. Blaustein,
do you by chance have at hand that section of Chapter 90?"

"I do, Your Honor." Blaustein quickly went
to his table to the right of the bench and, almost immediately,
extracted several sheets of paper from a folder.

"Please read the pertinent section into the
record, Mr. Blaustein," directed the judge, donning his
spectacles.

Blaustein began, "Chapter 90 is entitled 'An
Act Concerning the Rights and Liabilities of Husband and Wife.' And
Section 9 states: 'Every married woman is hereby constituted and
declared to be the joint guardian of her children, with her
husband, with equal powers, rights, and duties in regard to them,
with the husband.'"

"Your Honor," protested Polk, "that new
legislation will unquestionably be ruled unconstitutional, and
hence overturned. Women are not by nature suited for the
responsibility which that law entails. It passed only because of
disruptive public pressure brought to bear by rebellious females
who are unworthy of motherhood to begin with."

'That will be enough, Mr. Polk," remarked
Judge Endicott, although Glynis wished he did not look quite so
amused. "Let us have no more lobbying."

Polk sat down, but looked not in the least
chastened. Glynis wished she had the standing to object to Polk’s
outrageous polemic. Neva, if present, would likely have challenged
him to a duel.

"Proceed, Mr. Blaustein," directed the
judge

Blaustein, not visibly intimidated but
clearly irritated by this exchange, continued, "Your Honor, in the
course of Tamar Jager’s servitude, the girl became mute. The reason
for this phenomenon is at present unknown, but the matter deserves
thorough investigation. And, in addition, there is a further
complication. The girl's father, Derek Jager, was a business
associate of the recently deceased Roland Brant."

Judge Endicott whipped off his spectacles
and stared at Blaustein for a moment before turning his stare on
Polk, and asking, "Is this true, counselor?"

"Yes, but the only relevance it has here is
that the death of Roland Brant has precipitated Mr. Jager's natural
concern for his daughter's future welfare."

Glynis, unsuccessful in restraining her
muffled groan, found herself the recipient of Judge Endicott’s
lifted brows. Nonetheless, Polk's statement raised in her mind the
question of why Derek Jager was contesting this custody request by
the girl's mother. Retribution against his wife? Pride? Or so that
he could sell Tamar to someone else?

"As you see, Your Honor," Blaustein
concluded, "it is imperative that these important issues be
scrupulously examined before custody is awarded. I thank you,
sir."

Polk was on his feet even before Blaustein
sat down. Judge Endicott made a few notes, then said, "Very well,
Mr. Polk, proceed. No, on second thought, first I want to know why
your client indentured his daughter."

"The long and the short of it, Your Honor,
was that my client took this action to protect the girl—indenturing
her to one of the leading families in this county—because his wife
was then, and remains now, an unfit mother."

Glynis risked a glance at Elise Jager, who,
although pale, sat in rigid silence.

When Blaustein rose to object, Judge
Endicott waved him back into his chair. "May I assume that we will
have substantive evidence of that serious charge, Mr. Polk?"

"Yes, Your Honor, and to that purpose I
would like Mr. John Humphrey Noyes called to the stand."

Judge Endicott peered over his spectacles
and said, "Mr. Noyes, please come forward."

After Noyes was sworn in, he settled himself
into the witness chair with aplomb. At the same time, he radiated
an almost palpable energy, as if at any moment he might spring
from the chair like a jack-in-the-box. The pugnacious thrust of his
chin, which Glynis had noted earlier, did not appear to have
receded.

Mr. Polk began, "What is your name and place
of residence, sir?"

"John Humphrey Noyes, and I reside in
Oneida, New York."

The man's manner was affable and his voice
pleasant. Both held warmth and a controlled intensity.

"Did you receive a subpoena requiring you to
appear today, Mr. Noyes?"

"You should know, Mr. Polk, since you
ordered it," the man responded, smiling.

Polk said to the judge, "May I instruct the
witness to answer yes or no, Your Honor?"

Judge Endicott, beginning to show signs of
strain, answered, "I think I can gather that this is a hostile
witness, if that's what you're after, Mr. Polk. Now please get on
with it."

"Mr. Noyes," continued Polk, "are you a
friend of the petitioner, Elise Jager? Answer yes or no."

"Yes and no, Mr. Polk."

"Your Honor—"

"Yes, yes, Mr. Polk," sighed the judge. "Mr.
Noyes, please answer the question."

"I am Elise Jager's spiritual advisor,"
replied Noyes.

Polk started to protest, but a look from
Judge Endicott cut him short. "Very well, Mr. Noyes," Polk snapped.
"You are Elise Jager's spiritual advisor?"

"That is what I said."

"And was it in the capacity of spiritual
advisor that you spent last evening in the company of Mrs. Jager?
In her Seneca Falls’
hotel room?"

"Yes," said Noyes blandly.

There was no doubt that Polk now had Judge
Endicott's complete attention.

"Isn't it a fact, Mr. Noyes," Polk went on
after a melodramatic pause, "that you have known Elise Jager for
many years?"

"Yes, for some years."

"Did you know her when she was performing as
an
actress
in New York City, Mr. Noyes?" Polk asked with a
curl of his lip.

"Yes."

Ah, thought Glynis, that answered some of
her questions. She glanced at Elise Jager who sat ramrod straight
with her eyes trained on Polk as if awaiting an entrance cue. While
actresses were seldom viewed with favor, Glynis doubted that this
in itself would sway Judge Endicott. Although a man who evidently
eschewed newspapers, she knew his reading taste to be
cosmopolitan.

Polk, with a quick look at his notes, then
asked, "Isn't it a fact, Mr. Noyes, that Elise Jager followed you
to the Oneida Community?"

"Elise Jager follows God, Mr. Polk, which is
why she came to us at Oneida," Noyes answered with amiable
calm.

"Oh, yes, God," Polk intoned, gazing upward.
"And is it true, Mr. Noyes, that you claim to have direct
communication with God?"

"I wait and watch for indications of God's
will."

"So your answer is yes?"

"I am the spiritual father and liberating
authority of the family at Oneida, just as God is the—"

"Thank you," interrupted Polk, "for that
succinct description of your position in the commune. And as
father of the family, and one called upon to relay God's
intentions, did you draw up something for your children called
'Rules for Sexual Intercourse?'"

Judge Endicott, who had begun to reshuffle
his papers, stopped short.

"I did, yes," answered Noyes.

"And isn't it true that members of your
family indulge in unrestrained sexual activity?"

"On the contrary, restraint is what my rules
address. I alone have the spiritual authority to ensure that
godliness prevails in sexual relations."

While Polk looked gleeful, Glynis observed
that Judge Endicott seemed to look ... wary.

"Mr. Noyes, isn't it a fact that you do not
permit marriage in your community?"

"Not in the conventional sense, that is
true, because marriage encourages selfish love. We follow the
doctrine of what we term
complex marriage."

"Yes, it certainly must be complex," agreed
Polk, "what with women and men indulging themselves sexually
whenever the spirit moves them. And isn't it a fact, Mr. Noyes,
that they are urged by you to do so?"

"It is a natural function—"

"Ah, yes, natural" said Polk. "I believe you
have stated that carnal activity should be approached in the same
manner as eating and drinking, correct?"

"Not quite, Mr. Polk, but it is another
expression of God's love for us."

"For
us,
" Polk repeated. "But isn't
it true, Mr. Noyes, that at Oneida young girls at puberty are
introduced to sexual practices by you personally? Isn't that
contrary to your protestations of unselfishness?"

M. B. Blaustein rose to say, "Your Honor, I
object. Surely this salacious line of questioning is
irrelevant."

"I will sustain that objection," Judge
Endicott ruled. "Mr. Polk, do you suppose that at some point you
will share with the court what exactly this has to do with the
subject of today's hearing? Which was not scheduled, to my
knowledge, to offer a discourse on sexual codes, however
interesting they may be."

"Your Honor, there is relevance here, and I
will get to that."

"Please get to it soon, Mr. Polk."

"Yes, Your Honor. Mr. Noyes, let us return
to the subject of family. Do the children who live at Oneida have
parents? Fathers and mothers?"

"Not in the usual sense, no—"

"Don't you mean," Polk interrupted, "not in
the biblical sense? The legal sense? The decent and moral
sense?"

"All members of the community act as
parents, in order to obliterate the sin of possessiveness," Noyes
explained patiently.

"Mr. Polk," the judge reminded.
"
Soon
!"

"Yes, sir. Now, Mr. Noyes, is Mrs. Derek
Jager—oh, excuse me, that would be too conventional a title. Is
Elise Jager a member of the Oneida family?"

Noyes's smile indicated he took no umbrage
at Polk's gibe, and said, "Elise Jager lives at Oneida, yes."

Polk very nearly levitated. "And
this
,
Your Honor," he addressed the judge,
"this
is
the depravity to which the poor, young girl Tamar Jager would be
subjected if custody is given to the woman who claims she is a
mother!"

"It does bear serious consideration, Mr.
Polk," acknowledged Judge Endicott. "Now, if you have completed
your questioning, and I sincerely hope that you have...?"

With indignation, Polk declared, "Your
Honor, there are other illegal, sacrilegious, and immoral practices
that take place at the Oneida den of iniquity, but I will rest if
you so direct."

"I so direct, Mr. Polk."

"Your Honor," said M. B. Blaustein, now on
his feet but looking a trifle pallid, "before I cross-examine this
witness, may I have a few moments to confer with my client?" When
the judge frowned, Blaustein reminded him, "I've had no chance to
prepare for this, Your Honor." He shot a look of contempt at Polk,
who was beaming with self-satisfaction.

"Very well, I will recess for fifteen
minutes," said Judge Endicott.

***

Glynis had been waiting at M. B. Blaustein's
table, and when he returned, she handed him a note she had written
during the recess. It contained a question that she requested he
put to John Humphrey Noyes. Blaustein scanned the note, and
although he looked somewhat mystified by it, he nodded.

"Proceed, Mr. Blaustein," said Judge
Endicott, once again settled, his spectacles again in place.

"Mr. Noyes," began M. B. Blaustein, "at your
Oneida Community, isn't it true that no one is forced to
participate in your complex marriage... activities?"

"Yes, though all are urged to do so. But no
one is compelled to do other than routine chores of the community,
which are divided equally between men and women."

"Would you give the court an example of
that?"

"The cooking and the laundry. Those duties
are assigned on a revolving basis, so that no one is burdened for
any great length of time with tasks he or she might find
distasteful."