Abstract

My argument is that faced with such reversal of stereotypical female roles, the culture relies on both the institution of the law and the custom of storytelling to reassure itself about boundary confusions—between guilt and innocence, man and woman, seductress and seducer, fact and fiction. The Thaw trial, however, shows that the law itself could not resolve any of those ambiguities, a predicament which, I will argue, Twain entertains and creates in his own fictional courtroom but flees from in his response to the actual trial.My argument thus depends upon establishing particular dialogue between these two cases of seduction, for neither Twain’s nor the journalistic accounts alone tell the story that the two together do. Both cases speak in common to two aspects of fictionality. One is a mode of social differentiation, the sexual and legal categories essential to both cases, but whose actual application was, for different reasons in each, momentarily suspended. It was impossible to decide, for example, whether Evelyn Thaw or Alice or Twain himself, for that matter, should be classified as victim or victimizer, as playing the active or passive role in their respective narratives. The temporary suspension of these categories, I will argue, does not invalidate them or brand them as “fictive,” but rather reveals them as culturally constructed and culturally applied, in Twain’s words “fictions of law and custom” . In both cases, the response to this moment when cultural categories cannot be definitively applied is a process of storytelling—a second aspect of fictionality—that attempts to construct coherent narratives about those suspended “fictions of law and custom.” Although Twain’s “Alice” case opens in 1877, not until it connects with the Thaw trial in 1907 does the full story, as I have just briefly outlined it, emerge. It is precisely that double story that this esay will tell: the story of how Twain’s personal compulsions met up with his culture’s in the act of reporting, representing, interpreting, and finally making its own events mean. Susan Gillman is assistant professor of literature and American studies at the University of California, Santa Cruz. This essay is part of a forthcoming book, Dark Twins: Imposture and Identity in Mark Twain’s America