This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1880. Not illustrated. ... probably owing to the power that is still left in the hands of the Father of Sin, by the Infinite Wisdom that has seen fit to place us in this condition of trial. The parent of all lies, gossip, is one of the most familiar of the means he employs to put his falsehoods in circulation. This vice is heartless and dangerous when confined to its natural limits, the circles of society; but, when it invades the outer walks of life, and, most of all, when it gets mixed up with the administration of justice, it becomes a tyrant as ruthless and injurious in its way, as he who fiddled while Rome was in flames. We have no desire to exaggerate the evils of the state of society in which we live; but an honest regard to truth will, we think, induce every observant man to lament the manner in which this power, under the guise of popular opinion, penetrates into all the avenues of the courts, corrupting, perverting, and often destroying, the healthful action of their systems. Biberry furnished a clear example of the truth of these remarks on the morning of the day on which Mary Monson was to be tried. The gaol-window had its crowd of course; and though the disposition of curtains, and other similar means of concealment, completely baffled vulgar curiosity, they could not cloak the resentful feelings to which this reserve gave birth. Most of those who were drawn thither belonged to a class who fancied it was not affliction enough to be accused of two of the highest crimes known to the laws; but that to this grievous misfortune should be added a submission to the stare of the multitude. It was the people's laws the accused was supposed to have disregarded; and it was their privilege to anticipate punishment, by insult. "Why don't she show herself, and let the public look on her?" ...
In the late 1840s James Fenimore Cooper, he of the Leatherstocking Tales, became increasingly upset at the corruption in politics and the law in the state of New York. And the new state laws and legal code made things so much worse!
For example, it became clear to him that public opinion was of great importance to the outcome of a trial, because both prosecutors and judges were elected and had their ear to the ground all the time. This was made worse by the routine bribing of jurors.
But equally upsetting to poor Cooper were the laws that allowed for bankruptcy rather than jail for debtors. And most infuriating was the loosening of divorce and the legal rights of a woman to control her own money.
The major character in this, Cooper's last (and I might say least) novel, in a woman trying to escape her husband, who married her for her money, of which she has a great deal. When she is charged with murder she can afford to buy a set of keys to the jail, decorate her cell with carpets and antique furniture and a harp, keep a large and luxurious carriage, and let herself out at night to visit New York City.
The last quarter of the book is her trial and at this point the novel veers off into fantasy with the defendant breaking into her lawyer's cross examinations to ask her own questions. Even more unreal is a scene out of Erle Garner. After the jury has found her guilty and the judge has sentenced her to death by hanging, a surprise witness appears who overturns the decision.
I had fun with the book, but as with the rest of Cooper's work, it's not something I would ask anybody else to plow through. Well, perhaps a 12 year old boy might like The Spy and The Pilot and the adventures of Natty Bumpo. And we will not forget soon the Last of the Mohicans. But the last word on the once wildly popular author is that of Mark Twain in Fenimore Cooper's Literary Offenses: http://twain.lib.virginia.edu/project...
Can't really rate this because I didn't finish it. I think there may be an interesting mystery in there somewhere (who did commit the murders and arson and why?) but I got about a third of the way into the book and couldn't face any more of the author's lectures on the American constitution, the American judicial system, and why trial by jury is wrong and unjust in a democracy. Hey, I'm not American. Though to be fair, the author did say in his preface that the book was meant to draw attention to the evils of the jury system. And here we are nearly 200 years later and we still have trial by jury.
The story has an engaging, yet predictable, plot. It is full of Cooper's stock character types -- models for us all in feminine demeanor. You'll get a kick out of the "insanity" of these new independent women. Also enjoyable is the blatant glimpse (oxymoron intended) into his political views. It's quite interesting to see how long some of our problems with our legal system have been around.