Rodrigues Ottolengui - A Modern Wizard

"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.

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.