THE TRIAL OF MRS. REBECCA PEAKE

 

A full length drama  based on the document, "The Trial of Mrs. Rebecca Peake published by E.F. Walton, Montpelier, VT, 1836

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Maura Campbell

233 Crescent Road, Burlington, VT  05401

802/660-7906; ibsen3000@yahoo.com

 

 

 

 

 

 

CAST

 

REBECCA PEAKE, sixty year old woman, accused of murder

 

LUCIUS PECK, Rebecca’s defense attorney

 

FIONA PECK, wife of Lucius Peck

 

JUDGE WILLIAMS, trial judge

 

ADELAIDE WILLIAMS, his wife, acquaintance of FIONA

 

CHARITY STOKES, acquaintance of FIONA

 

JESSICA UPHAM, acquaintance of FIONA

 

WILLIAM HEBARD, prosecuting attorney

 

SUSAN BANNISTER, Rebecca’s daughter

 

DOCTOR EMERSON, Rebecca’s doctor in jail

 

DR. PEMBER, expert witness

 

REV. WASHBURN, Rebecca’s minister

 

LUCRETIA MURCH, witness for the prosecution

 

LAURA PERRIN, witness for the prosecution

 

SARAH PERRIN, REBECCA’S daughter-in-law, witness for the prosecution

 

DANIEL PERRIN, Rebecca’s son-in-law, married to Sarah Perrin

 

JOSEPH HUTCHING(Head Juror)

 

WILDER DEARBORN(Juror)

 

LAZARUS RIFORD(Juror)

 

NINE OTHER JURORS

 

 

 

The stage is set in three sections.  Center stage is a jail cell with a cot, a small table with a water jug and cup, another small table and a two small wooden chairs.

 

Stage right is reserved for the ladies of Montpelier.  A braided rug on the floor and three chairs will suffice.

 

Stage left is LUCIUS and FIONA PECK'S living room.  Two comfortable chairs, a small bookcase, a table for tea. A big basket with woman's work on the floor.  Various legal papers next to LUCIUS' chair and on the floor.

 

 

 

 

 

 

 

 

 

 

ACT ONE

 

SCENE 1

 

A spotlight on JOSEPH HUTCHINS, seated in a wooden chair downstage center.  WILLIAM HEBARD, prosecuting attorney, stands beside him.

 

HEBARD 

State your name, occupation and town of residence, please.

 

HUTCHINS 

Joseph Hutchins, I'm a farmer living in Williamstown.

 

HEBARD 

Are you acquainted with the case, Mr. Hutchins?

 

HUTCHINS 

Well, I know about it, if that's what you mean.

 

HEBARD 

And how did you become aware of the case?

 

HUTCHINS 

Tom Brownell read it to us from the newspaper after church one Sunday.

HEBARD 

And have you discussed this case so to have formed an opinion, Mr. Hutchins?

HUTCHINS 

What kind of an opinion?

 

HEBARD 

As to the guilt or innocence of Mrs. Peake?

 

HUTCHINS 

Well, I dunno.

 

HEBARD 

You don't know whether you've formed an opinion?

 

HUTCHINS 

I guess not.

 

HEBARD 

The prosecution accepts the juror, your honor.

 

The lights go down and come up on the jail cell, center stage.  REBECCA PEAKE is hidden behind the bed on the floor.  LUCIUS PECK enters.

 

SCENE 2

 

LUCIUS 

What the- (He turns to leave and spots REBECCA.) Oh, I... didn't see you.  Mrs. Peake?  How do you do, Mrs. Peake.  I'm Lucius Peck  from Montpelier.  I'm going to defend you.

 

REBECCA 

Listen!

 

LUCIUS 

What-

 

REBECCA 

Can you hear it? 

 

LUCIUS 

Hear what?

 

REBECCA 

Sh! (She runs forward, lays down and puts her ear to the floor.)

 

LUCIUS 

Mrs. Peake, I don't know-

 

REBECCA(Getting up on her knees) 

He likes to put the devil in me. Can you hear it? He's out there. Banging on the house with a stick.  Outside my window so I can't sleep. 

 

LUCIUS 

Who's outside?

 

REBECCA

I'll set fire to this place if he don't stop!  A woman's got to have some peace! I'll fix him! (She tries to open the door; when it doesn't open, she bangs on it.) Stop it!  Do you hear me?  Stop it!  If I could just see a doctor...

 

LUCIUS 

Maybe I should come back another time.

 

REBECCA(Eyeing LUCIUS suspiciously):

You keep your hands off my things!

 

LUCIUS 

Mrs. Peake, I have no intention of-

 

REBECCA 

I've seen your kind before.  Thinking you own what you see.  You don't own me!

LUCIUS 

Mrs. Peake-

 

REBECCA(Abruptly) 

What do you want from me?

 

LUCIUS 

'Scuse me?

 

REBECCA 

You must want something.  What is it?

 

LUCIUS

I...  I've been hired by the state to defend you.

 

REBECCA 

I'm not going to hang.

 

LUCIUS 

Mrs. Peake, let's not think of that now.

 

REBECCA 

You hear me on this.  I won't hang.  No matter what.

 

LUCIUS 

You're in God's hands, Mrs. Peake.

 

REBECCA(Laughs)

He's washed His hands of me, mister. 

 

LUCIUS 

You mustn't lose hope, Mrs. Peake.

 

REBECCA 

How long have I been in here? Do you know?

 

LUCIUS 

Um, six weeks, I believe.

 

REBECCA

You're the first one to see me.  I asked Mr. Hebard to come before the sheriff arrested me. 

 

LUCIUS 

Mr. Hebard?

REBECCA 

Lawyer from Randolph.

 

 

LUCIUS 

I know Mr. Hebard.

 

REBECCA 

I talked to him last winter about my troubles.  When Ephraim come home to take the farm away.

 

LUCIUS 

Mrs. Peake, I'm afraid Mr. Hebard won't be able to help you.  You see, he's the prosecuting attorney.  (She looks at him blankly.)  The state of Vermont has hired him to present evidence to prove your guilt.  I've been hired by the state to try and prove your innocence.

 

REBECCA 

Why would... Mr. Hebard do that?

 

LUCIUS

He's the State's Attorney. It's his first case.  (Pause.) He's going to want to win.

 

REBECCA 

Oh.

 

LUCIUS 

I want to build a case for you, Mrs. Peake.  I want to help you.  You've had a hard life, I can see that.  We can use that to help you in court.  The judge will understand some of these things.  He's a Christian man, Mrs. Peake.  Now, I can't make any promises.  But it will help me to see the whole picture, so to speak.  That is, it will help you.  Help me to help you.

 

REBECCA 

You want to know about Ephraim?

 

LUCIUS 

Let's go back to the beginning, Mrs. Peake.  Let's go back to the very beginning, if you can.

REBECCA 

I can't.

 

LUCIUS 

You can't or you won't?

 

REBECCA 

I don't know where it begins.

 

LUCIUS 

It begins at the beginning.  At the first point.  First light, so to speak.  Before anything else has happened.  When the slate is clean.

 

REBECCA 

In the beginning...

 

LUCIUS 

Yes?

 

REBECCA 

I think it had something to do with sheep.

 

LUCIUS 

Sheep?

 

REBECCA 

Did you ever shear a sheep, Mr. Peck?

 

LUCIUS 

I never did.

 

REBECCA 

You see, they don't like it any.  The sheep.  It's against their nature.  You have to hold them down and do it quick.  Ephraim learned how to do that when he was a boy.

 

LUCIUS 

How to shear a sheep?

 

REBECCA 

How to hold them down.

 

LUCIUS 

Did you love him, Mrs. Peak? (Pause.) Did you feel a mother's love for Ephraim?

 

REBECCA 

I feel...

 

LUCIUS 

Because we'll have to convince a jury that you loved him.  And therefore could not have killed him.  A woman is made to nurture and protect.  God made you that way, Mrs. Peake.  He made you what you are.

 

REBECCA 

He did that?

 

LUCIUS 

Eve said to Adam, "What thou biddest, unargued I obey; so God ordains: God is thy law, thou mine; to know no more is woman's happiest knowledge and her praise." (REBECCA looks at him blankly.)  That's, um, a poem.

         

REBECCA 

What's a poem?

 

LUCIUS 

Mrs. Peake, can you give me the names of some friends?  People who would speak in your behalf?

 

REBECCA 

There's... Lucretia Murch.  She helped me through the crisis.  Dr. Pember and his wife, Essie.  I've called on Dr. Pember for years.  I have a sick head.

 

LUCIUS(Writing) 

Lucretia Murch, Dr. Pember...

 

REBECCA notices LUCIUS write the names.  She kneels on her chair and peers closely.

 

REBECCA 

Can you write my name?

 

LUCIUS 

What?

 

REBECCA looks at him hopefully. He writes her name and shows it to her.

 

LUCIUS 

Anyone else?

 

REBECCA(Reluctantly looking away) 

Lucy Paine helps me when I have to stay in bed.  Sarah Blodgett. I brought her Gracie into the world one Christmas when they couldn't get the doctor.

 

LUCIUS 

You think they'll speak for you?

 

REBECCA 

There's my daughter, Susan.  She's expecting her first child, my... grandchild.  (Pause.) I have sisters in Roxbury and Middlesex.  My brother is in the asylum.  That's all.

 

LUCIUS(Walks toward her) 

Parents dead?

 

REBECCA 

Pa hanged himself.  I didn't know my ma.

 

LUCIUS 

I see.  What about your stepchildren?

 

REBECCA'S face turns hard.

 

LUCIUS 

Mrs. Peake?

 

REBECCA 

Only ones around are Dan and Sarah Perrin. 

 

LUCIUS 

Sarah is your husband's daughter?

 

REBECCA 

I run the rest out of South Randolph.  Ran Ephraim out, too,

ten years ago but he come back.  He took a bullwhip to me last winter when I tried to go with him to Mr. Hebard's. 

 

LUCIUS 

Ephraim whipped you?

 

REBECCA 

Not bad.  I outrun him.  I wanted my thirds, is all, my widow's thirds!

LUCIUS 

Mrs. Peake, you're not a widow.

 

REBECCA 

I worked that land for twenty-five years!  Do you think I raised those Peake's just so they could throw me off?

 

LUCIUS 

What about Ephraim, Mrs. Peake? 

 

REBECCA 

Ask Dan Perrin about Ephraim. 

 

LUCIUS 

Dan-

 

REBECCA 

Sarah's Dan.  He was brother-in-law to Ephraim.  Ask Dan Perrin.

(She wraps herself tighter in her shawl.)  It's cold in here cold as a...

 

LUCIUS 

Cold as a what, Mrs. Peake?

 

REBECCA 

Can you see about a doctor?  I get these headaches.

 

LUCIUS 

Doctor will cost money, Mrs. Peake.  Normally the family takes care of expenses like food and medicine.  Since your husband has released his claim on you, we'll have to appeal to the state for funds. 

 

REBECCA 

If I could just have my things.

 

LUCIUS 

I'm wondering why someone would think you'd want to kill your family, Mrs. Peake.

 

REBECCA 

I didn't kill nobody!

 

LUCIUS 

But Ephraim's dead.

REBECCA 

So are Abraham and Moses but I didn't kill them neither!

 

LUCIUS 

Mrs. Peake, I don't see how I can help you if-

 

REBECCA

(Meaningfully)

My head's going funny again.

 

LUCIUS

(Alarmed)

Oh! We don't want that!

 

Lights go down on them and up stage right.  FIONA PECK, early twenties and very pretty, enters stage right with ADELINE WILLIAMS, a judge's wife.  Seated are CHARITY STOKES and JESSICA UPHAM, a married and unmarried sister, respectively, in their mid-thirties.

 

SCENE 3

 

ADELINE  

Fiona, you've met Charity Stokes and Jessica Upham at church, haven't you?

 

FIONA 

Yes.  How do you do today, ladies?

 

CHARITY

We're so glad to have you as a member, Fiona.  I told Adeline we should invite you the moment you moved to town.

 

ADELINE 

We didn't want to overwhelm you, dear.  After all, you're still barely a bride, aren't you?

 

CHARITY

(To JESSICA) 

Sister, won't you get us some tea while you're resting?  I'm sure Fiona must be dry.

 

JESSICA hurries offstage. 

 

ADELINE 

Fiona, that's an... unusual name, isn't it?

 

FIONA 

I'm named for my grandmother.

 

ADELINE 

Oh, yes, so nice to have a namesake, don't I always say that, Charity?  I'm named after my great-grandmother, Adeline Washington.  She was cousin to our first president.  I don't usually mention it, of course.

 

 

CHARITY 

My mother named me for the Christian virtue, not much to boast about, I suppose, but I try and wear the name humbly.

 

ADELINE 

You do an outstanding job of it, Charity.

 

CHARITY 

Thank you.

ADELINE 

Fiona, my dear, as President of the Women's Christian Aid Society, I try and get an idea of the talents of our new members so they are best able to serve the community.  Can you tell us a little bit about yourself?

 

FIONA 

Well, I... I'm not sure what to say.

 

JESSICA enters with a tea tray.

 

CHARITY 

For example, Jessica here is known for her button holes, aren't you, dear?  Can't knit a decent stitch, but wait until you see what she does with a shirt.

 

ADELINE 

Her tea is superior, too, Charity.

 

FIONA 

I'm afraid I don't have much to recommend myself.  I do have two years of college.

 

CHARITY 

How about the piano-forte, do you play?

 

FIONA 

Yes, I do, but I was two years at Oberlin.

 

ADELINE 

How interesting.  And what did you do there?

 

FIONA 

I planned to be a doctor but we... well... my father died and there wasn't enough money to continue.  I returned to Boston and there I met Lucius. 

 

JESSICA 

How terrible about your father. 

 

FIONA 

I miss my family in Boston, but I'm happy here with Lucius. 

 

ADELINE 

An educated woman, how refreshing!  Charity, the children could use another teacher in their Bible classes, don't you think?

 

FIONA

I brought my medical books with me.

 

CHARITY 

Grace would certainly appreciate the help.

 

FIONA 

I was thinking of teaching anatomy.  It was my favorite subject.

 

CHARITY 

Anatomy? 

 

FIONA 

It's a branch of biology that deals with structure of living organisms.  Parts of the body, for example, and their relationships to each other.

 

JESSICA 

Oh, I'd be interested in that!

 

FIONA

And then there's the digestive system-

 

ADELINE 

Fiona!  The city of Montpelier pays several teachers to educate our children.

 

FIONA 

Of course, I was just thinking that since-

 

ADELINE

(Cutting her off)

Our business in the Women's Christian Aid Society is the moral and spiritual salvation of our congregation.  I don't see how biology, as you call it, can possibly be of any use to anyone.

 

FIONA 

You asked me what my talents were.

 

ADELINE 

And I am still eager to find out what they are.

 

There is an awkward pause.

 

FIONA 

I would be delighted to help with the children's Bible classes.

 

CHARITY 

Oh, wonderful, Fiona, and you said you played the piano-forte?

 

FIONA 

Yes.

 

CHARITY 

Not too vigorously, I pray?

 

FIONA 

No.

 

CHARITY 

The children enjoy singing hymns after classes and it's nice to have an accompanist.

 

ADELINE 

I'm glad we have this all settled.  Some more tea, Fiona?

 

FIONA 

No, I've barely-

 

ADELINE 

Charity, these cakes are a bit dry, don't you think?

 

CHARITY 

Jessica made them this morning, didn't you dear?

 

ADELINE 

The tea washes them down nicely. Then what does it matter if they are a little hard to swallow?

 

Lights go down on them and up center stage.  WILDER DEARBORN enters quickly and sits in a chair.  WILLIAM HEBARD enters with him.

 

SCENE 4

 

HEBARD 

State your name, occupation and town of residence.

 

DEARBORN 

Wilder Dearborn, I'm a farmer from Orange.

 

HEBARD 

Are you acquainted with the case, Mr. Dearborn?

 

DEARBORN 

Everybody is, I guess.

 

HEBARD 

And how did you first become aware of the charges against Mrs. Peake?

 

DEARBORN 

My sister heard about it from her brother-in-law what lives in Randolph.  But she didn't have the facts straight.  I thought the whole family had been done in.

 

HEBARD 

And have you formed an opinion as to the innocence or guilt of the prisoner?

 

DEARBORN 

Do I think she done it?

 

HEBARD 

Yes, Mr. Dearborn.

 

DEARBORN 

Well, that's what the trial is for, ain't it? 

 

HEBARD 

You haven't answered my question, Mr. Dearborn.

 

DEARBORN 

The newspaper said it was vile what she done.

 

HEBARD 

Mr. Dearborn...

 

 

DEARBORN 

I was wondering... do we get paid by the day or after the trial?

 

HEBARD 

The prosecution does not accept this juror, your Honor.

 

Lights go down on them and up stage left.  LUCIUS PECK, a lawyer in his early thirties, is sitting in his living room going over some briefs.  He sips brandy, his wife FIONA sits and knits.

 

SCENE 5

 

FIONA

(Struggling with her knitting) 

Oh, blast it!

 

LUCIUS looks up, shocked.

 

FIONA 

Oh, I'm sorry, Lucius.  I'm not very talented, I'm afraid.

 

LUCIUS 

Not talented, whatever do you mean?  It's just practice, my dear.  Every evening if you sit a few hours and work on it, why, you could be famous for you knitting!

 

FIONA 

I don't want to be famous, I just want to be useful.

 

LUCIUS 

You are useful.  To me.  (He comes over to her.)  Every night when I come home and see your face I realize I'm the happiest man in the world. 

FIONA

(Smiling) 

Mother says after five years of marriage, you'll hardly know I'm in the room.

 

LUCIUS 

I suppose she's right.

 

FIONA 

Lucius!

 

 

 

LUCIUS 

I may not be able to see you for the abundance of children in the room.

FIONA

(More shocked) 

Lucius!

 

A knock is heard at the door.  FIONA goes to answer the door.  As she runs out, LUCIUS grabs at her waist, playfully.

 

FIONA

(Over her shoulder) 

I'll tell whoever's at the door what you're about!

 

A moment later, FIONA enters with JUDGE WILLIAMS, a formidable looking gentleman, husband of ADELINE.

 

FIONA 

Lucius, Judge Williams has called to see you.

 

LUCIUS

(Hastily getting to his feet)

Evening, Judge.  (They shake hands.) I didn't expect to see you this evening.

WILLIAMS 

I know it's late, I hope you'll forgive me.

 

LUCIUS 

Please, sit down. Brandy?

 

WILLIAMS 

I never imbibe, you know that.

LUCIUS 

Tea, perhaps?

WILLIAMS

Thank you.

 

FIONA remains standing in the room; she looks at them with interest.

 

LUCIUS 

Fiona?  Dear?  Would you mind bringing the Judge some tea?

 

FIONA 

Oh, shall I get that?

 

LUCIUS gives her a look.

 

FIONA 

I'll just be a moment.

 

FIONA exits.  WILLIAMS looks after her a moment.

 

WILLIAMS 

Beautiful girl, Lucius.  How long have you been married?  She can't be more than twenty.

 

LUCIUS 

Two years.

 

WILLIAMS 

What's that?

LUCIUS 

We've been married two years.

 

WILLIAMS 

Ah, that explains it.  Take a little advice from an old goat.  Discipline her now and you'll both be happier later. 

 

LUCIUS 

Discipline her, Judge?

 

WILLIAMS 

You've spoiled her.  You may not know it yet, but you've spoiled her.  How do you expect her to bring up your children when she doesn't respect you?

 

LUCIUS 

We don't have any children, Judge.

 

WILLIAMS 

Ah, but you will.  God provides, Lucius.  I've got ten at home, only lost three in their infancies.  I assemble them every morning, Adeline included, and read from the Old Testament.  Last thing before bedtime I read from the New.  Sets the right tone in the family.  You might try that with Mrs. Peck. 

 

FIONA has entered with a tea tray on his last words.  The men get to their feet.

 

FIONA 

Try what, Lucius? 

 

 

LUCIUS 

Oh, nothing, dear, we were just having a little...

 

WILLIAMS 

Man to man, Mrs. Peck.  A little man to man.

 

FIONA 

That's odd, I thought I heard my name mentioned.  Seems like I ought to have a part in a conversation of which I am the topic. (She sets the tray down.)

 

LUCIUS

(Hastily)

Do you take cream, Judge?

 

WILLIAMS 

Black, Lucius.

 

A tense pause.

 

LUCIUS 

Thank you, Fiona.

 

She withdraws without a word. LUCIUS hands the JUDGE his tea.

 

LUCIUS 

May I ask how I may be of service to you, Judge?

 

WILLIAMS 

Very well.  I've just come from a meeting of the American Anti-Slavery Society. 

LUCIUS 

I know of it.

WILLIAMS 

You should know of it, I sent you an invitation.

 

LUCIUS 

I was unable to attend.

 

WILLIAMS 

More pressing business?

 

LUCIUS 

Sounds like a sort of exercise room for politicians.  I'm afraid I don't have any aspirations of that nature.

 

WILLIAMS 

See here, Lucius, are you an abolitionist or not?

 

LUCIUS 

Every Vermonter is an abolitionist, Judge.  What I am not is a politician. 

WILLIAMS 

You're a good speaker, Lucius.  People like you.  I'm planning to run for Governor in a few years.  This anti-slavery platform is just what I need to stir things up.  And I need every good man in Montpelier on my side.

 

LUCIUS 

My law practice keeps me as busy as I want to be, Judge.

 

WILLIAMS 

All I'm asking is for you to sign the charter.  Attend a few meetings.    It's not as if I'm asking you to take an oath.  But blast it, Lucius, we're going to get some attention with this thing.  And I need you behind me.

 

FIONA reenters.

 

FIONA 

More tea, gentlemen?

 

WILLIAMS 

Not for me.  I was just leaving.  Promise me you'll think about it, Lucius.  I'd like to work with you.

 

FIONA 

Oh, please, Judge, my husband has enough work already!

 

WILLIAMS

(Condescendingly) 

Perhaps you can persuade your husband, Mrs. Peck,  to address the causes of slavery and oppression in this country.

 

FIONA 

Are you for it yourself, Judge, or against it?

 

WILLIAMS

(With a snort)

I'll see you at church, Lucius, Mrs. Peck.  (To LUCIUS.) Remember what we talked about.  (Nodding toward FIONA.)  All of it.

 

WILLIAMS exits. FIONA smiles at LUCIUS.

 

LUCIUS 

You were almost rude.

 

FIONA 

Almost?  Then I'm not trying hard enough.

 

LUCIUS 

The Judge says I spoil you.

 

FIONA

(Gives him a hard look) 

And what do you say?

 

LUCIUS 

I'd say he's right.  And I'd say I'm stuck. (He puts his arms around her waist.) It's late. (He kisses her lightly.) I've got to go to Chelsea tomorrow.

 

FIONA 

Chelsea?

 

LUCIUS 

I have a client from there.  In the county jail. 

 

FIONA 

Is this the woman that murdered her whole family?

 

LUCIUS 

Just her stepson.

 

FIONA 

Oh, Lucius, do you have to represent her?  I can't bear the thought of it!

 

LUCIUS 

You're too pretty to think of such things.

 

FIONA 

Stop that!  I don't mean that!  What must have driven her to such a deed?  For a woman to kill...

 

LUCIUS 

It's rare.  Thank God.

 

FIONA 

It's just not natural!

 

LUCIUS 

Sh.  No more.

 

FIONA

(Pause)

Are you going to join the abolition society?

 

LUCIUS 

Like I told Judge Williams, it's an exercise room for politicians, Fiona.  A way to get their names in the paper and stir up some interest for elections. 

 

FIONA 

But surely their society must do some good?

 

LUCIUS 

Some, I suppose.  But you're talking about change, Fiona.  Real change only happens in people's hearts.  It's got to start in the churches.  In homes.

 

FIONA 

How does that happen?

 

LUCIUS 

Slowly.  But I'd say our best chance for moral change is with the women in our country.  Look at the Temperance Movement.  That was practically started by women.  Women are in the best position to effect change because they are bringing up sons.

 

FIONA 

I never thought of it like that.  So are you going to join ?

 

LUCIUS 

Like I said.  (Exiting.)  I'll leave the real work to the women.

 

The lights come up on REBECCA, sitting miserably in her chair. DR. EMERSON enters.

 

SCENE 6

 

EMERSON 

Mrs. Peake, how do?  Doctor Emerson.  Your lawyer sent for me. 

(She doesn't answer.)  Mrs. Peake?  Understand you've been poorly. (He begins to open up his case.)

 

She looks at him a moment and then suddenly realizes who he is and why he is there.

 

REBECCA 

Doctor?  You're a doctor?

 

EMERSON 

Doctor Emerson, Mrs. Peake.  Mr. Peck asked me to look in on you.

 

REBECCA

(Frantically)

It's my head, Doctor.  I get these headaches.

 

EMERSON

Uh, huh.

 

REBECCA 

For days sometimes!  You can't know the pain, Doctor!  I can't sleep, I can't eat... And I can feel it coming right now.  I see a little patch of light next to my right eye.  I turn my head to catch it and it moves away!  If I could just look at it straight on! 

 

EMERSON 

We might try a mustard plaster.  Course I could always bleed you.

 

REBECCA 

And the pounding!  Sometimes I think there's a devil inside my head with a hatchet!  Always in the same spot... it's like this (REBECCA slams her palm with her fist, getting more and more agitated.) 

 

EMERSON 

Mrs. Peake, Mrs. Peake, calm yourself...

 

REBECCA 

Doctor, please, you've got to help me!  (She puts her arms around him and sobs.  He is clearly uncomfortable and immediately attempts to extricate himself.)

 

EMERSON 

See here, you can't go on like this.

 

 

 

REBECCA

(She is all over him)

You don't know what they've done to me, Doctor!  I've been down here for weeks now.  They won't let my family come!  They've all turned against me!  Nobody will listen!  You've got to help me, can you help me, Doctor, can you?

 

EMERSON 

See here, I only came because your lawyer asked me.  I've nothing to do with any of your problems.

 

REBECCA

(Pulling at his sleeve)

  I've got to get home!  Jonathan's there!  He can't manage! 

 

EMERSON throws her down and turns to pack up his things.

 

EMERSON 

If you can't control yourself, Mrs. Peake, I'm leaving.

 

REBECCA(On her knees)

Please, don't do that.  Please.

 

EMERSON 

Unhand me.

 

REBECCA 

Please, Doctor.

 

EMERSON 

I said let me go.

 

There is a tense moment where REBECCA makes a superhuman effort to let go of the doctor; she succeeds.

 

EMERSON 

I don't care to be touched, Mrs. Peake.  Now, I told Mr. Peck I would look in on you.  But no nonsense.  Is your head giving you trouble right now?

REBECCA 

It's just... I can feel it starting. 

 

EMERSON 

Might as well bleed you.  See how that works.  (He takes out instruments and starts to roll up her sleeve.) 

 

REBECCA 

Doctor Pember used to bleed me. (Pause.) It never helped.

 

EMERSON 

Well, now, he probably didn't let it drain long enough.  I'll give you a powder of opium to help you sleep after.  My guess is that you'll miss this bout all together. 

 

REBECCA 

I would like that... to sleep.

 

EMERSON looks at her arm

 

EMERSON 

Hm, you've been bled before, all right.

 

He cuts her arm and holds a small container under her arm to hold the blood.  She cries out softly.

 

EMERSON 

You should start feeling better in a minute.  Poisons build up in the blood, especially in women.  Sin is the cause, I reckon.  Nothing you can do about it.  The Lord's work is mysterious.  All goes back to the Garden of Eden.  If Eve hadn't picked that fruit, women would have less trouble today, that's for sure.  The wages of sin is death, I guess we all have to pay that sooner or later.

 

The lights go down on them and up on FIONA.  She walks to center stage and a spot light is on her.  She addresses the audience. She has a few sheets of paper in her hands which she fumbles and drops when she starts.  She is uncertain and somewhat embarrassed but gains in confidence as she goes along.

 

SCENE 7

 

FIONA 

Good afternoon, ladies.  I want to thank Mrs. Williams for allowing me to take a few minutes of your time and talk about something which I consider to be of vital importance.  When I joined the Women's Christian Aid Society, I was told that our mission was to relieve suffering and offer a helping hand whenever and wherever we found need.  I do know that charity starts at home, but at the same time God calls us all differently.

 

I understand that Judge Williams has recently formed a new chapter of the American Anti-Slavery Society and I want to propose that we join.  In the words of my husband, Lucius Peck, it is not enough to influence the politicians in Washington, but that the cry of outrage against slavery must come from the homes where women are the moral guardians  Can we not better serve this cause by raising our voices with our husbands? 

 

She pauses to see what effect her words have had.  She perceives that her audience is cold and unfriendly to her.  She begins again.

 

Ladies...  I'm suggesting that it is not enough to consider and care only for the neighbors in our villages.  But  we must extend our hands to places where our eyes and ears may not reach.  This knowledge leaves us in a condition which cannot be ignored.  It leaves us in a condition of responsibility.  I ask that we consider this responsibility to be a cause and the cause to be a crusade. Thank you.

 

She looks at the audience hopefully but realizes that her words are unwelcome.  She looks frightened for a moment and then resolute.  She marches offstage.  Lights go down. 

 

LAZARUS RIFORD enters with a chair and sits center stage.  WILLIAM HEBARD enters with him.

 

SCENE 8

 

HEBARD 

State you name, occupation and town of residence.

 

RIFORD 

Lazarus Riford, I'm a farmer from Vershire.

 

HEBARD 

And are you acquainted with the facts of this case, Mr. Riford?

 

RIFORD 

I heard about it.  Guess there's not a soul in Vermont that hasn't.

 

HEBARD 

And have you formed an opinion as to the guilt or innocence of Mrs. Peake?

 

RIFORD 

Formed an opinion?

 

HEBARD 

Have you thought about it, Mr. Riford?

 

RIFORD 

Well, when I hear something I usually think something.

 

HEBARD 

And in this case, what have you thought of?

 

RIFORD 

Well, I expect I thought of lots of things.

 

HEBARD 

Such as?

 

RIFORD 

I can't rightly recall, sir.

 

HEBARD 

Well, what are you thinking right now?

 

RIFORD 

I'm thinking how hot it is in here.

 

HEBARD 

I mean, what are you thinking about the case?

 

RIFORD 

Oh, I think I'd like to sit on the jury.

 

HEBARD 

And why is that?

 

RIFORD 

Well, snow on the ground, not much to do in the fields.  Warmer in here than it is in the cow barn!  I reckon I could do as good a job as anybody.

 

HEBARD(Pause)

I reckon you're right.

 

The lights go down on them and up stage left on FIONA and LUCIUS.

 

SCENE 9

 

FIONA 

I'm sorry I'm late.  I was giving Jessica Stokes an anatomy lesson.

 

LUCIUS

(Pause)

I spoke to Judge Williams this afternoon.

 

FIONA 

Oh?

 

LUCIUS 

Seems his wife told him about a speech you made today.

 

FIONA 

I was planning to surprise you.

 

LUCIUS 

Whatever possessed you to get up in front of those women and say those things!

 

FIONA 

I am trying to be helpful!  It was your idea, anyway.

 

LUCIUS 

My idea?

 

FIONA 

You said that the abolition movement was the work of women, that any real changes have to start in the church and at home, you said the Temperance Movement-

 

LUCIUS 

I did not suggest that my wife go out and make a horse's ass out of herself!

 

FIONA 

How dare you say that to me!

 

LUCIUS 

And how dare you get up in front of our friends and propose such a scheme!  What are you planning next, a tent meeting?

 

FIONA                  

As a matter of fact, I am!  I read in the paper that  Mr. William Lloyd Garrison is coming to Braintree and I plan to meet him.

 

LUCIUS 

You'll do no such thing!

 

FIONA 

I will if I want!

 

LUCIUS 

I won't let you have the carriage!

 

FIONA 

I'll walk. 

 

LUCIUS 

If you want to be of some service, then you may try and provide a harmonious home, a haven for me at the end of my day!

 

FIONA 

And have I failed in this?

 

LUCIUS 

You have better things to think about that the condition of people thousands of miles away!  Have you made enough food baskets for the poor? Does every widow in Montpelier have a wood supply and every orphan a warm scarf? 

 

FIONA 

I cannot help everybody in Vermont!

 

LUCIUS 

Perhaps you'd like to extend some of your charity to a prisoner in the dungeon of Chelsea Jail.  A friendless, pathetic old woman who hasn't had a visitor since the day she was tied and hauled off in the sheriff's wagon!  Perhaps your Woman's Christian Aid Society would like to take on her case! (He chokes up and cannot speak any further.)

 

FIONA  

Why, Lucius!

 

LUCIUS 

She doesn't even have a warm coat, for God's sake, and you're worrying about the Negroes!

 

FIONA 

But my dear, I had no idea you were so troubled about this! Why haven't you said anything before?

 

 

 

LUCIUS 

I'm trying to build a case for Mrs. Peake and I don't have one. Public opinion is out of control, I'm surprised she wasn't lynched before she even got to Chelsea.

 

FIONA 

Oh, no! 

 

LUCIUS 

I need to be able to come home and forget my day sometimes. That's all.

 

FIONA 

And you shall.  You'll never have another moment to worry about me. I'll help you all I can.  I've been selfish.

 

LUCIUS 

I'm sorry, I didn't mean to go on like this.

 

FIONA 

And that woman.  Mrs. Peake?  I'll go to see her and take her a coat.

 

LUCIUS 

You mustn't think of going there, Fiona, it's no place for a woman.

 

FIONA

Please!  Lucius, let me make this up to you! You said she was friendless, has she no supporters?

 

LUCIUS 

None.

 

FIONA 

But surely she has some family-?

 

LUCIUS 

I called on her husband and he refused to see me.  I sat in his dooryard four hours one day until he gave in!  And do you know what he said?

 

FIONA

What?

 

LUCIUS 

What's done is done.  I can't call Ephraim back from the grave.  That's all.

 

FIONA 

But you can't make him talk to you?

 

LUCIUS 

A husband is not compelled to take the stand. If it's any consolation, he won't talk to the prosecutor either.

 

FIONA 

Does she have any children?

 

LUCIUS 

A daughter so terrified she can hardly speak.  Eight stepchildren  who'd like to put the rope around her neck.

 

FIONA 

But what does she say?  Does she admit it?

 

LUCIUS 

Some days she's sensible and some days she's not.  I shouldn't burden you with this, it's not fair.

 

FIONA 

I'm your wife!  Who else should share your trials?  Lucius, what is the evidence against her?

 

LUCIUS 

Apparently she bought arsenic two months before he died.  Several neighbors have said she confessed to putting it in the family meal.

 

FIONA 

How horrid!

 

LUCIUS

I don't think she's in her right mind!  And yet there's something sweet about her.  She's like a child, somehow.

 

FIONA

You say nobody visits her? Nobody?

 

LUCIUS 

I've appealed to a local women's group in Chelsea.  So far...

 

FIONA 

I'll apologize to Mrs. Williams.  And ask the Society if they would endorse my visit to Mrs. Peake.

 

LUCIUS 

You may just shock them again!

 

FIONA 

I'll take that chance.  Now, let me fix your supper.

 

LUCIUS 

I'm not sure I can eat anything.

 

FIONA 

I'll bring you some soup and hot tea.  You must take something in your stomach. (She gets up and kisses him on the forehead.) 

 

FIONA exits and comes back after a moment.  She touches LUCIUS softly.

 

FIONA 

I've got a better idea.

 

LUCIUS looks at her dumbly a moment and jumps to his feet.

 

The lights go down and come up stage right.  The women are making little dolls for orphan girls.

 

SCENE 10

 

CHARITY 

I think this pattern was just the right thing, don't you Adeline?

 

ADELINE  

The Judge personally approved it.  Don't the little darlings look just like Christians?

 

CHARITY 

I'm sure these dolls will be an inspiration to the little dears.  Of course, some would say that dolls are frivolous.  After all, one must be practical when dealing with orphans. 

 

JESSICA 

Couldn't we put smiles on their little faces?  I know I like my dolls to smile.

 

CHARITY 

Now, Jessica, a smiling face would be shameful.  Why, you don't know what it is to be wanting.  What might look like a smile of joy to you would be construed as a look of scorn to another.

 

JESSICA

Oh.

 

ADELINE 

I must say I appreciate you ladies giving up your Saturday afternoon to get these finished.  How many members of the Women's Christian Aid Society do we have Charity?

 

CHARITY 

Thirty-five.

 

ADELINE 

And only two showed up.

 

CHARITY 

Well, three counting Jessica.

 

ADELINE 

Thank you for helping today, Jessica.  Charity, we'll have to find her a husband.  Isn't there a nice widower or two at church?

 

CHARITY 

Jessica is devoted to caring for our father.

 

ADELINE

Oh well, than.

 

CHARITY 

I'm surprised Fiona Peck hasn't appeared.  She's usually so faithful.

 

ADELINE 

You haven't heard?

 

CHARITY 

I've been in Boston for the last month.  For heaven's sake, what's the problem?

 

ADELINE 

She approached the executive committee with a request. I thought poor old Mrs. Jennings was going to suffer a shock right then and there.  You know there was a great fuss over Fiona after that speech she made.

 

CHARITY 

You mean the one about abolition--

 

ADELINE 

This time it's even worse.  She wanted us to sponsor donations to some woman in Chelsea jail that killed her whole family! Wanted us to take up a collection of money and clothes!  Can you imagine?  Of course, I went to the Judge and told him.  He's going to sit on the case.  They wanted to get someone who wouldn't be tempted by the devil.

 

CHARITY 

Heaven's Adeline, is she a witch?

 

ADELINE 

It was the devil made her do it,  I'm afraid that's what she said.  The Judge asked me not to repeat any of this, but some things have to be made known.

 

JESSICA 

Well, what about Fiona? 

 

ADELINE 

We've asked for her resignation.  To think that she could harbor such ideas!  To help a murderess! 

 

JESSICA 

But surely, Fiona meant well!  This... this woman in the jail... she must be in such need!  And are we Christians?

 

CHARITY 

Jessica, didn't you understand your own ears? This woman is a consort of the devil!  She may have Fiona under a spell! 

 

ADELINE 

I was never in favor of her membership in the first place.  Fiona, that's an Irish name, after all. 

 

JESSICA 

We're Irish, aren't we Sister?  On our mother's side.

 

CHARITY 

All the Irish blood went to you, Jessica.  Besides, it's one thing to be Irish.  Another thing to act it.

 

ADELINE 

There's nothing Irish about the Women's Christian Aid Society. 

 

Lights go down, then up on the jail cell.  REBECCA sits in her chair.  LUCIUS and FIONA enter.

 

SCENE 11

 

LUCIUS 

Mrs. Peake?  (She turns and looks at them.) I want you to meet someone, Mrs. Peake.  This is my wife, Mrs. Peake.  Peck, Peake, isn't that something?  How are you Mrs. Peck?  I mean, Mrs. Peake?

 

FIONA 

I've brought you some things you might need, Mrs. Peake. 

 

REBECCA turns her head away from them and studies some unknown spot in front of her.

 

LUCIUS

(To FIONA) 

Some days she's like this.  Mrs. Peake, I thought you'd like some company.  Mrs. Peck brought you some things you need.  (To FIONA.) Show her the music box, dear, that might bring her around.  Have you been outside today, Mrs. Peake?  Warm for December.  Here, Mrs. Peake, listen to this. 

 

He winds up the music box and it plays; LUCIUS and FIONA look at REBECCA expectantly.

 

LUCIUS

Give her a scone, I'll bet she'd love to eat one of those.

 

FIONA

(Helplessly)

Lucius?

 

LUCIUS

(To Fiona)

I've got to be upstairs in court. (Squeezes her hand.) I'll have someone bring you up in about twenty minutes.

 

FIONA

(Desperately)

Lucius!

 

LUCIUS

(Kissing her on the head)

You'll be all right, dear. 

 

He gets up and goes to the door and knocks; it is unlocked from the outside; LUCIUS leaves and the door is once again locked.

 

FIONA(Motioning to the music box)

I bought this in Boston last time I was there.  It's from London.  England, that is.  (Pause.) Do you like... music?  I... I brought a dress, I think it will fit you.  And a warm coat.  I supposed you have a Bible here but I brought one just in case. (Pause.)  Mrs. Peake?  Would you like me to read to you? (She gets the Bible out of the case.) Do you have a favorite passage? No?  Then I'll just read one of mine.  (She opens up the Bible.)  I'm especially partial to John.  Of course, he wrote Revelation, and who can understand that?  Something of comfort today.  "In the beginning was the word and the word was with God and the word was God.  He was with God in the beginning.  All things were made through him. Nothing was made without him  In him there was life and that life was light for the people of the world.(REBECCA begins to rock back and forth.) I like that part.  About the light, don't you?

 

REBECCA looks frightened as soon as FIONA starts reading.  Finally, REBECCA, moaning, runs and hides behind the bed.

 

FIONA 

Mrs. Peake?  What's the matter, Mrs. Peake?  Please, stop this!  Please! (REBECCA gets hysterical.) What can I do for you?  Please, talk to me!  (She runs to the door and begins to pound on it; REBECCA'S wails get louder.) Open the door!  Please, open the door!  Is there anybody there?  Lucius? Somebody, help me!  For God's sake! 

 

FIONA gives up on the door and turns back to REBECCA.  The wailing continues. 

 

FIONA 

All right, I won't read any more!  But, stop it.  Stop it right now.  Please!  What's the matter with you?  Can't you talk?   Please!  Stop it!  What can I do for you?  Mrs. Peake, you mustn't keep on, you'll hurt yourself!  For heaven's sake, Mrs. Peake, control yourself! What in the world is wrong with you?  (Back at the door.)  Lucius?  Lucius? Lucius, help me, for God's sake won't anybody help me!

 

The lights go down.  When the lights come up again, REBECCA is asleep on her cot; FIONA is sitting in a chair with her head down on a table.  The sound can be heard of the door being unlocked.  DOCTOR EMERSON enters.  FIONA wakes after a moment.  EMERSON is drunk. He walks up to FIONA.

 

EMERSON 

Afternoon, Mrs. Peake.  Say, you're not Mrs. Peake.  (He looks around and sees REBECCA.) You're awful pretty to be in here.

 

FIONA 

I have been calling for over an hour for someone to come!  Where have you been?

 

EMERSON 

Say, honey, I just got here.  Come to see  the old lady.  Now, if I'd have known you was locked in here too, why,...

 

REBECCA rouses and sits up in bed.

 

FIONA 

I am not a prisoner!

 

EMERSON 

You're on the wrong side of the door, little lady.

 

FIONA 

I'll thank you to call my husband, Mr. Peck.  He's a lawyer.  Upstairs in the court.  I was only supposed to be down here for twenty minutes. 

 

REBECCA is on her feet, interested.  She picks up the music box.

 

EMERSON

(Grabs her wrist)

Lookie here, Miss.  I don't know who you are or what you done.  But I sure would like to get to know you.

 

FIONA slaps EMERSON across the face.  There is a stunned silence and then EMERSON hits FIONA in the face, as well.  REBECCA brings the music box down on EMERSON'S head.

 

EMERSON

(Howling with pain) 

Why, you...

 

He grabs REBECCA and begins to shake her.  FIONA gets up and jumps on his back, wrapping her feet around his lets.  They all fall to the floor, yelling, cursing and crying.  REBECCA and then FIONA are on their feet, kicking EMERSON.  He crawls under REBECCA'S bed.  The two women, exhausted, look at each other.  FIONA breaks down.  REBECCA looks away, vague and uninterested again.

 

FIONA 

Who is that terrible man?

 

REBECCA 

My doctor.

 

FIONA 

That... that monster is a doctor? 

 

REBECCA 

He's not so bad.  I've seen worse.

 

FIONA

I want to go home!  Why doesn't someone come?  (She runs to the door again and begins banging on it.)  Please!  Help me!  There's a man in here!  Please!  (Turns to REBECCA.) How could my husband leave me with you! (REBECCA stars at her impassively.) You're crazy!  You're not right in the head! (She moves as far left as she can go.)  Stay away from me! Don't come near me!  Do you understand?  Just keep to your side!

 

REBECCA 

I'm not hankering to sit on you.

 

FIONA 

And don't speak to me! Don't say a word until my husband comes! And don't start that terrible noise you were making either!

 

REBECCA 

You're making all the noise.

 

FIONA 

I should never have come here!

 

REBECCA  

I reckon you're right about that.

 

REBECCA sits down at the small table.  FIONA sits miserably on the floor, facing away from REBECCA.  After a moment, REBECCA picks up the music box and winds it up.  It plays a lullaby.  REBECCA hums along a little.  Then REBECCA opens the doctor's case and removes a vial. 

 

FIONA 

That's Bach.

 

REBECCA continues to hum.

 

FIONA 

Still works.  (Pause.) I... thank you... Mrs. Peake. For stopping that... Doctor... from accosting me.  I don't know what I would have done.  I'm sorry for speaking to you the way I did.  Are you... all right now?

 

REBECCA continues to hum.  FIONA walks over to the table and sits down.

 

FIONA 

I wanted to come and offer some comfort to you.  My husband tells me... you don't have many visitors.  (She looks behind them at the bed.) Do you suppose that man will come out?

 

REBECCA 

Hm?  He'll sleep a few hours, anyway.

 

FIONA 

Has be ever hurt you before?

 

REBECCA 

Only doctors me.

 

FIONA 

Mrs. Peake, you can't be treated this way.  A man like that... I don't know what to say.  I must talk to my husband.  He can't be let in here again.

 

REBECCA 

But he's my doctor!

 

FIONA 

There must be somebody else who can attend you.

 

REBECCA 

Mr. Peck brought him to me!  No one else would come!

 

FIONA 

My husband will see to it that another doctor attends you. 

 

REBECCA 

Please, Missus, don't say nothing about the doctor-

 

FIONA 

I just want to help you, that's all.  You must trust me, Mrs. Peake.  These things can be arranged. 

 

REBECCA

(Softly, but grows frantic)

No, no, no, no, no, no, no...

 

FIONA 

Mrs. Peake...

 

REBECCA

(Hysterical)

No, no, no, no, no, no, no...

 

FIONA 

All right. (FIONA wraps her arms around REBECCA.  Both are stunned and silent.  REBECCA'S arms almost embrace FIONA, but not quite.)   I said all right.  I won't say anything.  Please, don't worry.  Calm yourself.  (Pulls away, still  holding REBECCA'S hands.)  Shall I read to you some more?

 

REBECCA 

You won't say nothing?

 

FIONA 

I won't.

REBECCA 

I get these headaches from time to time.  (FIONA helps REBECCA sit down.) The doctor brings me medicine.

 

FIONA 

What kind of medicine?

 

REBECCA 

Sleep.  I want to sleep.

 

DR. EMERSON crawls out from under the bed and lays down on top of it.

 

FIONA

(Carefully)

Mrs. Peake, is there anything I can do for you?

 

REBECCA 

Kill me.

 

Suddenly, the door is unlocked and LUCIUS comes bouncing in.  FIONA looks up at him.

 

 

LUCIUS 

I see you ladies have gotten on all right.  Sorry about the time, Fiona. I meant to have Jacob come for you and I was in such a hurry I forgot.  (Notices  EMERSON on the bed.)  What the...?  Who in the world...?  Fiona!

 

The women continue to look at each other.  Black out.

 

ACT 2

 

The stage is set for the trial.  The lights are down except for a low light downstage center where REBECCA sits in her chair. LUCIUS and FIONA stand over her.

 

FIONA 

Mrs. Peake?  (She touches her gently.  REBECCA rouses and looks at her, but then hangs her head again. FIONA looks at JACOB.)  Is she sick?

 

LUCIUS 

The doctor was here this morning.  He bled her.  Thought that would keep her from getting too excited at the trial.

 

FIONA 

Mrs. Peake?  (Looks at her husband helplessly.)

 

LUCIUS 

Mrs. Peake, we have to be in court this morning.  That is, we're going to the church instead.  It's a bit of a walk.

 

REBECCA 

I'm going to church?

 

LUCIUS 

The trial is to be held there.  Do you think you can walk or should I order a wagon?

 

REBECCA 

I can't go to church.

 

LUCIUS 

There isn't room enough in the court for everyone.

 

REBECCA(To Fiona)

Will you... come with me?

 

 

FIONA 

That's why I'm here. 

 

REBECCA 

You won't go?

 

FIONA 

I promise.  I'll be right next to you the whole time.

 

LUCIUS 

Can you stand, Mrs. Peake?  Try to stand.

 

REBECCA stands with difficulty, but dignity. The lights fade out as they exit. 

 

The trial set consists of an alter chair for the judge, stage left.  Witnesses are seated, one by one, center stage in another chair.  REBECCA, LUCIUS and FIONA sit stage right in a church pew.  WILLIAM HEBARD  is seated in another pew, also stage right.  A clerk enters, stage right and addresses the audience.  The witnesses, if possible, are seated in the audience and enter the stage from there.

 

The light on the screen comes up and remains up for the duration of the trial.  It reveals a shining Christian cross.  The CLERK enters.

 

SCENE 1

 

CLERK 

All rise. (Pause.) This court is called to order on the 23rd day of December, 1835, in the county of Orange in the First Congregational Church in Chelsea, Vermont, the Honorable Charles K. Williams presiding.

 

JUDGE enters and sits in his chair. 

 

WILLIAMS 

This court will now come to order.  Are the counsel for the defense and the prosecution ready?

 

HEBARD AND LUCIUS 

We are, your honor.

 

WILLIAMS 

Has the clerk sworn in the witnesses?

 

CLERK 

Yes, your honor.

 

WILLIAMS 

Mrs. Rebecca Peake, you are charged on this 23rd day of December 1835, with the murder of Ephraim Peake of South Randolph, Vermont.  How does the prisoner plead?

 

LUCIUS

Not guilty, your honor.

 

WILLIAMS 

This court will hear the testimony for the prosecution.

 

HEBARD 

Thank you, your honor.  Gentlemen of the jury, I shall prove to you by witnesses on the part of the Government,  that the prisoner did willfully and with malice aforethought murder the deceased, Ephraim Peake who, through his own industry, amassed the sum of fifteen hundred dollars to buy the family farm and in exchange agreed to care for his father and stepmother for the remainder of their lives.  You will hear testimony that proves the prisoner was greatly displeased that Ephraim had come home, that she made many threatening observations to the neighbors; that she said, that if the deceased came home to live they would not live long together; that the house would be too hot for him. It will be proved that the prisoner mingled arsenic with the hash at dinner on August the twelfth. Witnesses will testify that furthermore she gave poisoned drinks to Ephraim while he lay sick in his chamber and that he continued worse until he died on Thursday, August 20.  Only a criminal of the vilest and most reprehensible character would attack and murder a member of her own family, a man she was entrusted to care for and nurture after the death of his own mother.  Gentlemen of the jury, you see before you a woman who has violated the most sacred trust that God bestows; that of the care and protection of her own family.  The prosecution calls as its first witness Doctor Jacob Pember.

 

DOCTOR PEMBER enters and sits. 

 

HEBARD 

State your name, occupation and town of residence.

 

PEMBER 

I'm Doctor Jacob Pember from South Randolph.

 

HEBARD 

And do you recognize the prisoner, Dr. Pember?

 

PEMBER 

That's Mrs. Peake.  We're neighbors.

 

HEBARD 

And how long have you been practicing as a physician, Dr. Pember?

 

PEMBER 

Well, I brought you into the world, Mr. Hebard.

 

HEBARD             

Thirty years then?  Forty?

 

PEMBER 

Closer to forty, Mr. Hebard.

 

HEBARD 

There's probably not much you haven't seen in the way of sickness and tragedy, is there, Doctor?

 

PEMBER

I've seen my share.

 

HEBARD 

Tell the court, if you would, Doctor, the facts surrounding the sickness which overcame Ephraim on August 12, 1835.

 

PEMBER 

Well, it was Rebecca that came and got me.  The symptoms were such that usually attend the commencement of a fever.  That was on Wednesday.  By Friday he was feeling better, but come Monday Ephraim was down with it again.  His symptoms were similar to those he first had, but much aggravated.  He complained of pain and burning in his stomach and bowels.  During his sickness there was a restlessness and prostration of strength.  His skin was very dry and hot, afterwards it became moist.  His tongue was unusually coated and swollen; his eyes were red and in the last of his sickness his limbs were somewhat swollen and he complained of numbness.  Ephraim was troubled to breathe and his pulse was frequent and somewhat hard.  All these symptoms suggest a great derangement of the system. 

 

HEBARD 

And was a post-mortem conducted?

 

 

PEMBER 

Yes, on the day after his death.  Appearances indicated a high state of inflammation in the stomach and bowels; color of the stomach was a dark red, approaching gangrene; the heart was somewhat enlarged and the pericardium contained a fluid of several ounces.  The liver and lungs were inflamed.  The appearances of the stomach and so forth were such as denoted a high state of inflammation which might be occasioned by poison.

 

HEBARD 

How did the prisoner appear to you during these visits to the home?  Was she attending Ephraim?

 

PEMBER 

She seemed to be doing everything she could to make him comfortable the first time I went.  I didn't see much of her when he took his bad turn, to be quite honest.  I understood she remained in her room.

 

HEBARD 

Are you of the opinion, Doctor, that Ephraim Peake died as a result of arsenic poisoning?

 

LUCIUS 

Objection, your honor.  The prosecution is leading the witness.

 

WILLIAMS 

Sustained.

 

HEBARD 

I'll rephrase the question, your honor.  Doctor Pember, do the symptoms of arsenic poisoning resemble the symptoms from which Ephraim Peake suffered?

 

PEMBER 

Well, it could of been arsenic, there's no doubt of that.  Arsenic would produce all the symptoms.   And it did come on after a meal where the poison could have been administered. 

 

HEBARD 

No further questions at this time, your honor.

 

WILLIAMS 

Defense may cross examine.

 

 

LUCIUS 

Thank you, your honor.  Doctor Pember, can one detect the taste of arsenic in food?

 

PEMBER 

No, it has no flavor.

 

LUCIUS 

I see.  And have you ever attended a case of arsenic poisoning before?

 

PEMBER 

No, I have not.

 

LUCIUS 

May I ask, then, how you came to the opinion that arsenic may have been administered to Ephraim Peake?

 

PEMBER 

Well, at first I thought it might have been cholera. 

 

LUCIUS 

And what is the difference between cholera and arsenic poisoning, Doctor?

 

PEMBER 

Classically, there is almost no difference.  All of the symptoms suffered by Ephraim could have been brought on by cholera.

 

LUCIUS 

How, then, does one prove arsenic poisoning?

 

PEMBER

The only way to conclusively prove it is by reducing the contents of the stomach to its metallic state after death.

 

LUCIUS 

And was such a test administered?

 

PEMBER 

No.

 

LUCIUS 

Did anyone suggest that such a test might clear up the question?

 

 

PEMBER 

Mrs. Perrin did give me a vial of powder on Sunday to take to a laboratory.  She said it came from a cup she found in Ephraim's room.

 

LUCIUS 

Did a laboratory analyze the contents of the vial?

 

PEMBER 

I took it with me; I intended to have it analyzed. (Pause.)  But my horse threw me on the way home and I lost it.

 

LUCIUS 

And Mrs. Perrin couldn't produce any more of this powder?

 

HEBARD 

Objection!

 

WILLIAMS 

Sustained.

 

LUCIUS 

Doctor Pember, based on the medical evidence available, can you state with confidence that Ephraim Peake died as a result of arsenic poisoning?

 

PEMBER 

No, I cannot.

 

LUCIUS 

Does arsenic have any medicinal uses?

 

PEMBER 

It is sometimes prescribed for migraine headaches.

 

LUCIUS 

And did you ever prescribe arsenic for Mrs. Peake?

PEMBER 

Um, yes, I did.  She suffers something terrible.

 

LUCIUS 

No further questions, your honor.

 

WILLIAMS 

The witness may step down.  The prosecution may call his next witness.

 

HEBARD 

The prosecution calls Sarah Perrin.

 

SARAH enters. 

 

HEBARD 

Please state your name and place of residence.

 

SARAH

I'm Mrs. Sarah Perrin and I live in South Randolph. I'm married to Daniel Perrin; we have a farm adjoining my father and stepmother's place.

 

HEBARD 

Mrs. Perrin, how did you first learn of the sickness that assailed your family in August of this year?

 

SARAH 

Mrs. Wakefield came for me.  She had been to Father's for some eggs because hers weren't laying.  She told me they were all sick and that I'd better get down there.

 

HEBARD 

And what day was this?

 

SARAH 

Sunday!  Four days my brother had been suffering!

 

HEBARD 

Did you feel you should have been sent for sooner?

 

SARAH 

Of course!  They were all to bed, Father and Ephraim.  My stepmother was in bed too, of course, with one of her headaches.  The poor doctor had done what he could but they were still in distress.

 

HEBARD 

And what did you do upon arriving, Mrs. Perrin?

 

SARAH 

I could see that Ephraim was by far the worst.  I stayed right with him until- (she breaks off and sobs in her throat).

 

 

HEBARD 

Tell us, if you can, what your impressions were about his illness?

SARAH 

I thought it was strange, that's what!  Ephraim had never been sick a day in his life.  It was obvious he had been struck by a powerful force! It was unnatural!  If you could have seen his color!  Why, he was positively green !

 

HEBARD 

The doctor testified that Ephraim's symptoms could have been brought on by an attack of cholera.  Did you share in this opinion?

 

LUCIUS

Objection.  The witness is not a physician.

 

HEBARD 

I'm only trying to ascertain her state of mind while viewing her sick brother.

 

WILLIAMS 

Overruled.  You may answer the question, Mrs. Perrin.

 

SARAH 

It wasn't no cholera.  My stepmother brought a drink to Ephraim which he refused to touch. He told me she had brought him other such drinks that had the flavor of the hash.  He suspected poison himself!

 

HEBARD 

And did you confront your stepmother with your suspicions?

 

SARAH 

Dan cautioned against it.

 

HEBARD 

And who is Dan?

 

SARAH 

Why, you know Dan, Will!

 

HEBARD 

Just answer the question, please.

 

SARAH 

My husband, Dan Perrin.  He said it would alert her.  But she confessed anyway!  The day Ephraim died I asked her if she realized she was the means of Ephraim's death and she said she was!

 

HEBARD 

Did anyone else hear the prisoner make this confession?

 

SARAH 

I think Lucretia Murch was there and Mrs. Bebe.  The next day she confessed to Reverend Washburn and-

 

LUCIUS 

Objection!

 

WILLIAMS 

Sustained.

 

HEBARD 

Mrs. Perrin, just tell us what you personally heard.

 

HEBARD 

She said it was the devil in her made her do it!  She's got a devil all right!  She's been a devil ever since she came to us-

 

LUCIUS 

Objection!

 

HEBARD 

No more questions.

 

WILLIAMS 

You may cross-examine, Mr. Peck.

 

LUCIUS 

Mrs. Perrin, you say that when you first arrived during the family sickness, that your stepmother was in bed with a headache.

 

SARAH 

She was always having them.

 

LUCIUS  

Can you tell us what the headaches were like?

 

SARAH 

She'd stay in bed moaning for a few days.  The doctor would come and bleed her.  Least