I am morbid!

I have made the story of the little dead mouse—it is all imaginary, but

it is what I have resolved to do myself if----

All these are signs not to be disregarded; I know something is about to

happen; I lie in bed and watch for it. Outside, I know that nature is

cool and gray—delightful. I wait; it comes. The fierce yellow light

begins to fade from out the electric globes; and finally, as it becomes

less intense, each little red wire is visible; which fades into pink and

disappears. The fearful light, the cruel, torturing, piercing light is

gone. And that is how dawn comes to us in the Death-Chamber.

------------------------------------------------------------------------

_CHAPTER XX_

_Impressions_

_While the Jury is Out—The First Jury_

It is said that everything is relative. A fixed period of time, for

instance, is either long or short, according to circumstances. There is

an exception to this rule. Time is always long while the jury is out. Be

this period eight hours or six minutes in duration, either constitutes a

life-time. I know, for I have experienced both.

To a man whose brain is analytical, here is a splendid opportunity to

administer to his mind some of its own medicine. While the first jury

considered my case I noted my impressions in my little red diary, for,

thought I, this is a road over which few travellers pass; it is really a

unique experience, an episode in a life. I will record my impressions.

That jury was most considerate; it did not hurry me in the slightest; it

was out eight hours. I started to record my impressions while the second

jury deliberated; it interrupted me in six minutes—but I have forgiven

it.

Here are the thoughts which came to me during the period at the end of

my first trial; but before I quote from my note-book—it will be

unnecessary to open it, for I shall never forget what is inside—it may

be of interest to know the circumstances under which the entries were

written.

My trial for murder is almost over. The evidence against me has all been

given—there was none offered in my defence, for technical reasons. The

closing arguments by counsels have been made; the judge has charged the

jury, and the jury is out. My fate rests upon the knees of the gods. All

of which means that I am in a little iron pen, and that twelve men

occupy the next room, deliberating whether life or death shall be my

portion. I am very tired; for full three months I have been under a

physical strain and a mental tension—I have been falsely accused, I am

innocent. There are three who know this—myself, the man who did the

murder, and God.

February 10, 1900. The first entry at 3.30 o’clock P.M.

The keepers are watching me curiously. Their trained eyes are like

microscopes, through which they study and compare my conduct with that

of previous defendants whom they have guarded under similar

circumstances. They are calculating how long it will take for me to

break down and show nervousness. I think they have a bet on the subject.

It is irritating. If I should ask for a drink of water, they would

exchange glances. I must not throw away my cigar before it is quite

smoked up, neither must I let it go out—for these are bad signs. No

laughter on my part, even should something impress me as being

amusing—it would sound “forced.” And, above all, no blowing of the nose,

even if I want to. They will suspect a surreptitious use of my

handkerchief for another purpose. Any one may guess, and very cleverly,

at mental agony expressed through physical distress. But what if there

are no visible signs of distress? There shall be none. I wonder how they

will interpret my occupation of writing this? If they imagine I am

making my will they must think me possessed of much to give away.

I have speculated about my guards and answered their kind inquiries. I

am killing time; the afternoon is slipping away quickly. At any rate,

the jury cannot stay out much longer. I look at my watch—eight minutes

and a half have passed. Good God! Only eight minutes and a half!

The second entry at four o’clock.

I am chemist enough to love an experiment. The jury is the unknown

substance; the testimony, the reagent; my case is in solution; what will

precipitate?

I think of the judge’s charge. I can repeat it word for word; it is

seared into my brain; but it would have been more cruel had it aroused a

false hope. How did it impress the jury? Over and over again, the old

question cries out in my mind: “What will the jury do?”

You may be sure I selected pleasant-faced men; men with little fans made

of wrinkles at the corners of their eyes; men who smiled often; who had

pleasant voices.

What a change comes over a talesman when he becomes a juror! He is

sworn. He takes his seat in the box; he will hold your life in his hand;

you cannot get rid of him. Now you look at him in this new aspect, and

there is a leer about his mouth, a cruelty in his eyes you had not seen

before. Why did you select him—a man with a jaw like that? It was

suicide.

I think of the prosecution’s case. They will convict me, of course. I

reconsider it from my point of view. No, they cannot! No jury in the

world could convict on such theories. But on what will they base an

acquittal? There was no defence. I remember the surprises the district

attorney’s office has sprung upon me—the unanswered witnesses, the

fervent experts swearing to the impassioned hypothetical questions of

the prosecutor, and his closing address, scathing, unjust. There is no

chance for me—the odds are thousands to one against acquittal.

Even so, whispers Hope, that happens every day. Think of the

lotteries—the odds in them are many thousands to one against the winning

ticket; but one ticket _must_ win. There can be no—That’s it! “The

reasonable doubt”! But there has been no defence. It is hopeless. Then

the presumption of innocence? Ah, they will disagree; I know it, I am

sure of juror number ----; I shall have another chance; but what will

the jury do? Perhaps they will exonerate me.

The third entry: 5 o’clock.

I have gone over the merits of the case again, coolly, dispassionately.

I have counted the points against me on the fingers of my right hand,

and checked off the points in my favor on the left. I shall be convicted

is my conclusion.

How will they take it at home—my mother, my—Stop that! _Stop that!_ You

are not to speculate on that subject; there must be no redness about the

eyes, no twitching mouth when you face that jury for the last time. Use

your brain—think of something else.

I am sick of the case; it can have but one issue. I must drive it from

my mind by some other subject. I must have a proposition to

prove—anything. Why does time pass so slowly? for instance; that will

do.

It _is_ going slowly. This afternoon is a life-time—but why? That is a

very good subject; it is an intensely real one. That this afternoon is

“a life-time” is not only figurative—it is literal. Think of it; as long

a life-time as you will, is composed of what? Of course I mean

mentally—not what happens; that is hardly worth chronicling. What

constitutes our interest in life? Surely it is because we cannot tell

what the next day—or the next moment, for that matter—may bring forth.

We hope, but uncertainty gives that hope its zest. Because we cannot

discount the future, the unexpected is life, and life is Doubt. Can

enough doubt be crowded into a few hours, or even minutes, to constitute

a life-time? You will know it possible if you have ever waited—while the

jury is out.

This must be the secret of the drama—the mimic life—in which the aroused

hopes and fears and sympathies are but other names for doubt. Imagine,

then, the suspense, the doubt, of the waiting man in this play with real

life or death, and concentrate the emotions of a whole audience into

that single brain.

The fourth entry: 6.30 o’clock.

There is a noise in the street below. I look out of the window at the

crowd; they are waiting also from curiosity. Newspapers are being

sold—newspapers full of unjust and imaginary stories about me and mine.

The journalists are eager to sell these inventions while interest in my

case lasts, hence the newspapers are “extras.” While watching this I see

the jury go to dinner in an old-fashioned white stage, such as used to

carry passengers on Broadway. Perhaps it is the same stage in which I

rode with my mother to Manhattanville thirty years ago—I a little fellow

in kilt skirts and white stockings. How well I remember it!

The fifth entry: 8 o’clock.

They will allow no one to see me; that is, none of my friends, but

curious officials come in on imaginary errands to look me over. The jury

returned some time ago; they have now deliberated for five hours.

Evidently some one is holding out. Having done so for this length of

time, it looks like a disagreement; unless some one changes his mind.

Why should a juror change his mind? He has sworn to go by the evidence.

Do the opinions of his companions change the evidence?

I wish that there was no jury system. Having five judges to preside

would be much better. They would go by facts, their ears would not be

tickled by mere eloquence; experience would teach them when witnesses

were lying. And, best of all, five judges would know the real value of

expert testimony; yes, they would know that, for they would hear the

official experts expounding one theory to-day, have heard its opposite

yesterday, and will hear the repudiation of both to-morrow.

The sixth entry: 8.30 o’clock.

They brought me sandwiches and a cup of coffee. While disposing of them

I talked to my friends the keepers, telling them about my experiences in

the cattle business so long ago and so far away. They paid me the pretty

compliment of saying that I take matters more coolly than any one they

had ever seen; that I show no emotion—I knew they were watching for it.

Am I confident? No, I am not. Strange to say, I am becoming indifferent.

After all, what does it matter so far as I am concerned?

Like the stag making his last stand and being torn by the hounds, better

die than escape wounded to suffer more; better have it over and done

with. And as for my home, my family—stop that!

The seventh entry: 9 o’clock.

The refinement of cruelty. I have been taken into the court-room twice;

each time with exposed nerves which are scraped and singed by the

questions the jury has come in to ask, and the answers which push me

nearer to the edge of the precipice. Each time I have gone prepared for

the end. It is interesting, but not amusing. I saw my father last at two

o’clock, seven hours ago. He has grown seven years older since then. My

brother is in court. He is four years my senior; he looks an old man—I

wonder how I look. My attorneys are very serious as they whisper

together.

The eighth entry: 10 o’clock.

Three months I have been on trial; twice a day I have been taken into

court—morning and afternoon. The signal which summons me is made by

rapping a key on the iron door. This is symbolic—key and door. Which way

will the key turn? Will the door open or close for me? I feel that the

next summons will answer these questions. They are rapping the key on

the door.

The last entry: midnight.

I was right. I found out about the key and the door on the third

summons. It is _not_ three times and—_out_.

I entered the yellow room. It was packed. Every one turned to look at

me. It was a picture of a storm at sea; the pale faces were the

whitecaps. It foreboded trouble—shipwreck. A little strain of music had

run in my head all the afternoon—“The Blessing of the Poniards,” from

the “Huguenots”—a full orchestra seemed to play it then; I marched to

it.

We sat down and waited for the jury. While doing so this thought

intruded itself upon me: Had I the gambler’s fever; would “wheel” or

“bank” ever interest me again after this?

Imagine becoming excited over a hundred dollars placed on the red or

black! Of what concern would be a little white ball running around and

tumbling into holes; or cards, two at a time, being drawn from a silver

box; or, for that matter, five pasteboards held in my own hand?

The jury entered; they would not look at me. I knew. The judge entered;

we all rose to show our respect—for his gown. He looked pleased; he must

have known the verdict as well as I.

“The jury will rise.”

“The prisoner will rise.”

What luck! The chimes from the “New York Life” building, around the

corner, struck eleven. Yes, so it proved. “New York Life” was bidding me

good-by. The gentlemen of the jury had agreed upon a verdict. They found

the prisoner guilty of murder in the first degree.

There was applause from the _judge’s_ chambers; a woman’s voice cried

out, “Oh, good! Good—good!” A window opened and I saw a carrier-pigeon

flash out and fly away. All this to the accompaniment of a groan which

ran around the court-room. One woman—God bless her—fainted; and then I

felt my father’s hand in mine.

The game is over, and I have lost. I must be a good loser, for the crowd

in the corridors cheered me—cheered a convicted man on his way to the

“Bridge of Sighs.”

Then I was under a compound microscope. Convicted men seem to be

interesting men; at least, not one of those unwinking eyes would have

missed a single tit-bit of my agony had I displayed any. But plain,

vulgar pride came to my rescue; for I had seen convicted men carried

back to the Tombs, undressed, and put to bed like sick babies; I had

heard them howl all night and beg for liquor; some of them had tried to

throw themselves downstairs.

But my mother, my—stop that! For God’s sake don’t think of that; perhaps

later, in the dark----

We crossed the “Bridge of Sighs.” We stepped into the prison yard,

flooded with moonlight. It was like the last act of “Romeo and Juliet”

among the tombs. Poor, mad Romeo! I thought of other moonlit scenes; of

another Romeo; of love vows never to be renewed—that is, I started to

think of them—something I must not do. It was all the fault of the queen

of night. I had not bathed in her mysterious light for twelve long

months. (It was three years before I worshipped her glory again.)

Never in my life have I been so touched; never so near breaking down, as

when, on that night, the keepers in the Tombs, where I had lodged so

long, expressed to me their sympathy and confidence. I believed in their

sincerity then; I have never doubted it since.

Next morning.

I went to my little cell; and, with my best philosophy, undid the

chattels I had packed so carefully that morning and addressed to home. I

slept. What? Sleep? Certainly. There was no more suspense; I was legally

dead. Life had stopped with its forfeiture; relief had come from doubt.

I slept. It proved my proposition of the afternoon.

THE SECOND JURY. Nov. 11, 1902.

The jury sitting at my second trial has retired, and three years later I

find myself under almost precisely similar circumstances to those just

described. I will note the variations. The suspense, the doubt, should

be worse than at the previous trial, knowing, as I do, what it is to be

a convicted man, and what it would mean to go all through it again. I

know it, all the way from the ceremony of passing the death sentence to

the opening of the little door.

Strangely enough, that same strain of music hums in my brain, repeating

itself over and over again. I do not believe I have thought of it once

during the last three years. Yet, here it is, and I shall march to it

again.

What will the jury do?

I do not think about my case this time; if acquitted, I shall be pleased

for my father’s and mother’s sake. If convicted, as far as I am

personally concerned I am absolutely indifferent. I am like a man who,

having fallen from the roof of some sky-scraper, lies mangled in the

street below. Suppose an old friend comes along and kicks him? He cannot

feel it because his back is broken. I can suffer no more whatever

happens; and I have forgotten how to rejoice.

Acquitted, convicted—I am indifferent. Since that night I watched the

dawn come to the Death-Chamber, as God lives, I have not cared.

------------------------------------------------------------------------

_CHAPTER XXI_

_Impressions—The Friendship of Imagination_

I found myself in the Death-Chamber; others were there. Our small

community being an American institution, we were all “free and equal,”

of course with the exception of the former. Unhappy, indeed, would be

the life of any one in that room who did not recognize this equality.

But most of my fellow citizens refused to exist in the present. Making

of the Death-Chamber a half-way house, they alternately lived in the

past, or died in the future; and they were perfectly logical in doing

so; it was quite excusable. Our existence there was certainly not life,

and it was not nearly as comfortable as death. So they brooded, and the

Death-Chamber is a bad place in which to brood. Some of my companions

acted very foolishly when those long, hot, humid summer days arrived.

Here, then, was a problem. I must learn to amuse myself, I must

cultivate my own acquaintance; I must make friends with my own identity.

This was not difficult, for we possessed a mutual friend—a close,

personal, dearly intimate friend. One who had been with me in the mines

of Mexico and on the alkali plains of Texas. Together we had paced the

white decks of yachts in summer; had spent the evenings in my library,

and the days in my color factory in the winter. A friend, who, by

special permission of the warden came to live with me, to share my

degradation. Wasn’t he a good fellow? I consulted my friend: I have

always done so. I am consulting him now, for I am smoking my favorite

pipe. The introduction took place, was accepted on both sides, and I

formed the acquaintance, and afterwards friendship, of my own

Imagination.

My new friend—I hope you will meet him some day, if you have not done so

already—taught me to “penetrate the veil,” to look right through and

beyond and above all conditions. I cultivated the friendship of

Imagination still further, and the whole earth and its fulness became

mine. No one could sentence my thoughts to imprisonment, they were free.

I began to live mentally. It was my birthday.

He counselled me not to waste those years. “What an opportunity!” he

said. So for twenty months I devoured books from the prison library. No

telephones, or duns, or bores could interrupt me; there were no social

duties, no business to interfere. I read, I dreamed, I improvised. Then

it was but a step to writing, and I must say Imagination was very nasty

about that. He made me review my grammar with diligence. To satisfy him,

I had to study rhetoric anew.

He opened my eyes. The Death-Chamber was full of—_life_. There was

Romance, Tragedy, of course; and even Comedy looked in through the

skylight and set me laughing now and then. Material was all around me;

stories about the Death-Chamber came into my mind so quickly that I

could not write half of them down; they sprang up and choked me, where

before had been only barren land. I set down the least horrible, for

some—yes, many—could not be printed; and if you have found these grim or

out of line, it is because of environment and of their truth.

Then Imagination and I went away to England. We wrote a novel. In it are

no prisoners and no crime, but it is full of the sea, brave men, a cruel

woman. It is a tale of love.

Imagination is a humorous fellow—he must have his joke. He made me

interested in things dramatic; he advised the purchase of everything I

could hear of on the subject—text-books, essays. I bought two hundred

plays, and he and I went to the theatre every evening at eight, and

attended matinées on Saturday at two. Just one play each evening, and

after the curtain fell we talked it over and criticised—we analyzed

those two hundred plays—Imagination and I. We laughed at costume

comedies, studied the plays of social life—from Sheridan to Fitch—and

delved for motives in the modern problem plays; watched Mansfield, Drew,

and Sothern in all their rôles. Over Cyrano de Bergerac and L’Aiglon we

poured the tribute of a tear to Rostand’s genius.

And then (how did he keep from laughing in my face?) Imagination egged

me on into writing plays—many of them. If he made me think the

“actable,” he well deserved the name.

It was all my own fault: the smoke from my older friend often got up

into my eyes and warned me. This old pipe of mine played the cynic and

was perfectly frank about my dramas. But I wouldn’t listen. I blundered

on until I found a “_fidus Achates_” to help and guide me. Together we

hope to restrain this strenuous fellow a little.

* * * * *

It’s all over now. My pipe, Imagination, and a faithful friend, I have

found them all, and I “found _myself_” in the Death-Chamber.

------------------------------------------------------------------------

_CHAPTER XXII_

_The Last Story_

This is the story I can never tell, yet will spend all the rest of my

life in telling—but how hopelessly. I cannot even think of it without

something coming up into my throat to choke me. It is about my love for

the soldier father, and the mother almost divine, who have suffered with

and for me.

I can no more express this emotion than the sorrow they have borne for

me can be told. Ah, but both are written—written in the deeper lines

upon their dear faces, and illustrated in their grayer hairs; while how

and why I love them, is imprinted eternally upon my heart.

------------------------------------------------------------------------

_CHAPTER XXIII—APPENDIX_

_“The Story of the Ring”_

_By Vance Thompson_

_(By the courtesy of the New York “Journal”)_

It was bludgeon against rapier which began yesterday; it was the

battle-axe against the stiletto; it was Osborne against Molineux; and

Molineux won.

Never, I think, was so dramatic a duel fought out in a court-room. There

was very little noise. The surface of it was quiet as a pool. The casual

observer would have seen merely two men—the one in the witness chair and

the other lounging against the lawyers’ table—who seemed to be

exchanging polite commonplaces. They were courteous. Now and again they

smiled at each other, with polite amiability. They “mistered” each

other. Yet underneath this unrippled surface was a tremendous tragic

depth, in which they clutched and struggled, fierce and silent. It was a

fight for life. For Molineux it was life and honor—or the throttling

shame of the electric chair. For Osborne it was either a vindication of

his methods as a prosecuting officer, or it was bitter defeat. He was

fighting for his professional life as truly as the haggard prisoner was

fighting for the breath of life.

Never again will you see such a battle waged—so tense, so watchful, so

merciless.

Molineux, to be sure, came pallid and wasted from the cell where they

have shut him up for nearly four years. He had the look of one of those

mouldy men who creep up into the sunlight now and then from the cellars

of the world. But no sooner had he taken his seat in the witness chair,

no sooner had he faced his adversary, than the race showed in him. He

threw back his prison-worn head and squared his shoulders; he set his

jaws until his thin lips made a straight line, like a sabre gash, across

his face. He was ready; every nerve and ounce of brain in him was alert.

He was ready to do battle for his life. The apathy and sluggishness of

the cell-dweller fell away from him. In this supreme moment he was

almost the man he had been before they arrested him and put him away.

As for Osborne, he was flushed, savagely earnest. His eyes blazed

whether he would or not, and every now and again he smote his great red

hands together. The joy of battle was upon him. Such joy the Apache

knows when he sights his enemy; such joy must have stirred the gladiator

when he rushed into the arena. To be sure this exaltation did not last

through the day, but for a few hours it added zest to the duel.

Just such a mob as should have watched this duel gathered in the

court-room. Heaven knows where they came from—these women with

out-of-date clothes and pendent earrings; these perfumed girls with

slashing hats and equivocal eyes. They crowded in, guarded by fatted

municipal underlings; they filled one-third of the court-room; and all

day, like cigarette girls at a bullfight, they chewed sweetmeats and

craned and whispered and grinned. Then there were those who had business

there—that honest, white old man, General Molineux, unwavering in belief

in his “boy,” for one; for another, there was Harry Cornish—gray from

head to foot this one. He was dressed in gray; his gloves were gray; his

very face was gray, and the eyes in his deep-lined face were the color

of ashes. All day he sat watching the prisoner with swift, furtive

glances; watching the reporters; watching the audience; always watching,

watching.

There was never so observing a man.

What of Molineux? He made an excellent witness. He gave an impression of

utter sincerity. Perhaps this was due to Mr. Black’s admirable

examination. Perhaps it was due to the fact that he was telling the

truth. In any case, he scored heavily. The jurymen nodded approval. Had

the case gone to them last night they would have given him—beyond all

doubt—the key of the street. Molineux, too, looked content.

The Assistant District Attorney began slowly. Round-shouldered, stooping

a bit, in an ill-fitting new coat, with red face and prognathous jaw, he

stood for a moment staring at the prisoner. His eyes were burned out as

though from lack of sleep. Molineux straightened up in his chair and

joined his hands in his lap. Evidently he was summoning all his

resolution and all his self-possession. At last he was face to face with

the man who for nearly four years had bent every energy of his fierce

nature to the task of destroying him; of blackening his home, and

branding him with the red mark of murder. And this he knew would be the

fiercest assault of all—the final one. He was on guard.

They crossed swords very ceremoniously at first. Beneath all the

politeness there was, on one side, a deadly and savage earnestness; on

the other was the wariness of the man whose back is to the wall and who

fences for his life. And yet how suave they were! They might have been

rehearsing the amiable history of Gaston and Alphonse. It was “Mr.

Molineux” and “Mr. Osborne.” One almost expected the “My dear Mr.

Molineux” and “My dear Mr. Osborne.” And so, with a curious, almost

artificial smile on his red and heavy face, the great Apache of the

District-Attorney’s office began. He wanted to know about the divorce

case.

“How old were you, Mr. Molineux?” he asked.

“Fifteen, Mr. Osborne,” was the answer.

Mr. Osborne looked painfully shocked; just so a man might look should he

be arrested as a burglar while making a midnight call upon a friend.

“Fifteen!” he repeated. “And the husband was a dear personal friend of

yours, was he not?”

Molineux acknowledged that he knew the husband. The prosecutor nodded

significantly to the jurymen. They, being men of the world, and some of

them bull-necked men of the world, did not seem to take it very

seriously. Molineux seemed rather ashamed of it. Osborne, however, would

not let go. Three times he went over it, as a woman wipes a dish,

turning it first on this side and then on that. At last the good gray

judge wearied of it.

“He’s already answered all that,” he said quietly.

Osborne flashed up like gunpowder. All the savagery in him showed in an

instant. It was as though a bulldog had shown his teeth. He took a step

forward toward the bench and half snarled, half shouted:

“Your Honor, I can’t cross-examine this witness if you interrupt me like

that!”

Mr. Jerome clutched his assistant’s arm and tried to quiet him, but

Osborne shook him off. Justice Lambert looked at him and smiled his

enigmatic, up-the-State smile.

“I will interrupt you, Mr. Osborne,” he said, “whenever I think it

necessary. Now go on.”

Mr. Osborne went back to his place and drank a large glass of water.

That soothed him, but for the rest of the session his nerves were out of

tune, and then the burden of politeness lay heavy upon him. Then for a

little while he questioned the prisoner as to his knowledge of

chemistry. Molineux admitted that his attainments were fairly good. He

knew of it all a paint maker need know.

So far Osborne had been defeated all along the line. The defendant had

answered every question unhesitatingly and with engaging frankness. He

had parried every thrust, even that deadly lunge of his fifteen-year-old

co-respondent.

The Assistant District Attorney seemed to think in lumps. He jumped

backward and forward in his cross-examination in a way that would have

baffled an ordinary witness.

Never once, however, did he lead Molineux into a quagmire. Osborne sat

down, drank a glass of water, and whispered to Jerome. While his

adversary sought for a new weapon, Molineux turned and looked through

the green-shaded window. For an instant the alert air of

self-possession, the look of the ready swordsman, fell away from his

face. The old, weary prison look crept over it. It was as though a mask

had slipped from some tired dancer’s face. He looked haggard, yellow,

old. As he turned he saw, just over his head, the cruel Roman symbol of

vengeance—the faces and the axe; saw, too, the calm women who spin the

thread of life, crouching on the shadowy, frescoed wall, a naked skull

at their feet. Something seemed to grip his throat. He strangled a

moment, then he coughed and spat. With a sudden gesture he drew his

hands across his eyes and pulled himself together. Osborne’s burnt-out

eyes were fixed on him. At that very instant he had himself in hand

again. From that moment he never for a second lowered his guard. His

attention was persistent as the pull of a magnet. His will was like

steel. He shunned every quagmire and escaped every pitfall with

marvellous dexterity, and with seeming unconsciousness that he had

passed the peril by.

He is an extraordinary man. The brain in him is first rate. His

intelligence is high above the average. Withal there seems no

insincerity in him. He was fighting for his life, but he talked as

calmly as though he had been in a drawing-room. Not only did he answer

every question, he went out of his way to volunteer information. He

answered questions to which his counsel objected until Mr. Black said:

“Oh, well, let him answer—let him tell everything.” And it was this very

frankness that at first confused and finally baffled the great Apache of

the prosecution. Moreover, his courtesy was charming. When Mr. Osborne

floundered in the midst of an intricate sentence the defendant would

help him out.

Gradually this told upon the Assistant District Attorney’s nerves. It

is difficult to bully a polite, accomplished man, and Mr. Osborne’s

successful cross-examinations have always been those in which he

banged the witness about the ears with a bludgeon. An hour before the

usual time for the adjournment of court he had had enough of it. To

his ill-concealed discontent he was told to go on with his

cross-examination. He shifted from subject to subject, playing, as it

were, round the case. Always the little prisoner met him, cool,

efficient, ready. At last, upon the insistence of District-Attorney

Jerome, an adjournment was granted. Mr. Osborne went away to furbish

up new weapons for to-day.

Molineux stood up. He glanced at the jury. They were whispering

together. Evidently it had been a good day for the defence. The rapier

had mastered the bludgeon. And as he stood there, waiting for the

jailmen to take him to his cell and lock him in, his father came up, a

smile on his careworn, tragic face, and laid one arm around his neck.

“I am proud of you, my boy,” he said; “proud of you.”

That was bravely said. It is easy enough to be proud of a son who wins

his way in the world and gets honor and fame. It is finer, perhaps, to

be proud of the son who carries himself well in the hour of black shame

and peril; who can bear himself well even though the next day may send

him to the electric chair. What was he proud of, the old fighting man?

Of the good blood, perhaps, that flows the steadier the greater the

danger is.

* * * * *

For fifteen fateful minutes Molineux was on the stand this morning.

Assistant District-Attorney Osborne had spent the greater part of the

night preparing for his promised attack. He had assured the court that

he would occupy two hours in probing the pallid little man who stands

charged with murder. He promised a sensation.

“Osborne has something up his sleeve,” said the lawyers.

The spectators buzzed it among themselves.

“Osborne has something up his sleeve!”

And so he had; but it was only his arm. The expected did not happen. The

sensation did not materialize. And yet Molineux could not foretell this

when he took his seat in the witness chair and clasped his nervous hands

upon his knee. He was cold and white and firm; watchful, too, for

Osborne faced him with an air of savage concentration.

It was the crisis of the trial. It was the crucial moment. It was the

crossroads, whence one path led to freedom and the other ran darkly away

to shame and death. Molineux knew it. Osborne knew it. They eyed each

other like men who are to meet in the death struggle. The Assistant

District Attorney was evidently nervous. He moistened his lips with ice

water and wiped his forehead with a handkerchief. Then he threw one leg

across the table in his free and easy way and leaned forward. Having

failed by direct questions to tangle the little prisoner in the net, he

attacked him indirectly—and not very chivalrously—by dragging in the

name of that unhappy woman who is now Molineux’s wife. Of course, from

the viewpoint of a prosecuting officer, all is fair in law. It is fair

to help a witness, fair to throw mud at a woman—even though she is

outside the case and aloof—but it is not always wise. In a low voice he

began questioning the prisoner.

“Did Barnet pay any attention to your wife?” he asked.

Molineux’s face hardened. He brought his jaws together; a glimmer like

that of steel leaped into his misty eyes; but that was all. He answered

the question quietly enough, but it was evident that the introduction of

his wife’s name touched him on the raw. All that was chivalrous in him

came to the surface. And in spite of the fact that he was rusted in

prison for four years, there is still a deal of chivalry in him.

He admitted that Barnet had paid many attentions to Miss Cheeseborough

in the days before he and she had become betrothed. It was another

indirect way of getting Barnet into the case and of insinuating a motive

for murder.

“Did you give your wife an engagement ring?” the Assistant District

Attorney asked.

“Yes.”

“When?”

“I should like to explain that, Mr. Osborne.”

“I am not trying to entrap you, Mr. Molineux,” said the prosecutor,

sweetly, “but suppose you answer my question. Wasn’t that ring bought

November 18, 1898—one week after Barnet died?”

“There were two rings,” said Molineux.

Then he told the story of the ring. It was a strange romance to listen

to in the stifling home of crime. It was like a lily blooming in a

pesthouse. As Molineux told it his voice softened into wonderful

tenderness. He did not look at Osborne. He did not seem to see the jury

or the crowded, morbid court-room. He was living again the days of love.

“There were two rings,” he repeated. “One was a mizpah ring—like this

one,” and he drew the ring from his finger. “My mother gave this ring to

me long ago. I have always worn it. Miss Cheeseborough admired it, and I

gave her one like it for a Christmas present. Then, when we became

engaged, she said that should be her engagement ring—she would have no

other. But when we came to arrange for our wedding she decided that the

mizpah ring should be our wedding ring. It was sentiment,” he added; “it

was her wish. And so I bought the second ring, of which Mr. Osborne has

just spoken.”

All this was said very simply. There was, however, such pathos in the

voice, so fine a sincerity in the face, that the effect upon the jury

and upon the audience was extraordinary. It was the first time that

Molineux had shown his heart—he held it out for the Assistant District

Attorney to peck at. And there was a pause. Mr. Osborne fumbled his

papers and hesitated. Then he asked a few unimportant questions, which

did not mask his defeat. Abruptly he sat down. The famous duel had been

fought and lost. Molineux had outpointed him at every turn. For a while

the Mad Mullah of the District Attorney’s office sulked, refusing

comfort. In vain Jerome hugged him round the neck and patted his

shoulder.

It has lasted fifteen minutes. In that time the case was virtually

tried. Osborne’s last attack was not his best. The Apache who goes out

for a scalp should not loiter by the way to throw stones at a woman. So

far from helping his case by bringing in Mrs. Molineux, he hurt it.

Osborne’s attack upon the prisoner’s wife paved the way for his most

telling defeat. It opened the door for Molineux. It permitted him to

recount the romance of the ring. It gave him an opportunity to show that

there was more in him than a keen and wary brain—that there was a heart.

And that went home to the jury. All the world loves love, and a juryman

is like the rest of us—part of the world.

He gave Molineux his opportunity, for the man who defends a woman is

always in the right.

And he used it superbly. There were no heroics. There was only the story

of the ring. There was only romance. There was only a hint of true love

and an old love story. That was all, but it turned the truculent

prosecutor’s attack into utter defeat. Osborne knew it. Molineux knew

it. The great cross-examiner’s promised flaying of Molineux had

miscarried. Had Osborne been retained for the defence he could have done

no more for the pallid little prisoner. He flung himself into his chair

and sat there, gulping ice water, mopping his red face.

The prisoner kept his seat in the witness chair.

Governor Black arose. His hands in his pockets, a smile on his face, he

looked at his client.

“I have no questions to ask,” he said cheerfully. “That is all, Mr.

Molineux.”

The prisoner went back to his accustomed place. The old father got him

by the hand. They laughed softly as they gripped hands. The little

prisoner was years younger than he was two days ago. His eyes looked

human and bright. At last he could see the sunlight shining. He and hope

were together again. His lawyers shook his hand again and again. The old

General whispered to him, proud and happy. It was as though the case was

already won.

And it all happened in fifteen minutes—in ten minutes—in five

minutes—while Molineux was telling the story of the ring.

A better witness never took the stand. Unguided, without a single

interruption from his counsel, he foiled the great Apache of the

prosecution at every turn. If he did not win his case, it is because the

case is past winning. He won, at all events, the sympathy of the

swarming spectators. He impressed, in any case, the wearied jurors.

Again it was rapier first and bludgeon second.

The Room with the Little Door · 第 22 / 22 题