Deputy Assistant District Attorney Pepperill and Mr. Tutt rose in

unison, declaring that they were. At or about this same moment the

small door in the rear of the room opened and an officer appeared,

leading in Kasheed Hassoun. He was an imposing man, over six feet in

height, of dignified carriage, serious mien, and finely chiseled

features. Though he was dressed as a European there was nevertheless

something indefinably suggestive of the East in the cut of his clothes;

he wore no waistcoat and round his waist was wound a strip of crimson

cloth. His black eyes glinted through lowering brows, wildly, almost

fiercely, and he strode haughtily beside his guard like some unbroken

stallion of the desert.

"Well, you may as well proceed to select a jury," directed the court,

putting on his glasses and studying his copy of Al-Hoda with interest.

Presently he beckoned to Pepperill.

"Have you seen this?" he asked.

"No, Your Honor. What is it?"

"It's a newspaper published by these people," explained His Honor.

"Rather amusing, isn't it?"

"I didn't know they had any special newspaper of their own," admitted

Pepperill.

"They've got eight right in New York," interjected the stenographer.

"I notice that this paper is largely composed of advertisements,"

commented Wetherell. "But the advertisers are apparently scattered all

over the world--Chicago; Pittsburgh; Canton; Winnipeg; Albuquerque;

Brooklyn; Tripoli; Greenville, Texas; Pueblo; Lawrence, Massachusetts;

Providence, Rhode Island; Fall River; Detroit--"

"Here's one from Roxbury, Massachusetts, and another from Mexico City,"

remarked the clerk delightedly.

"And here's one from Paris, France," added the stenographer. "Say! Some

travelers!"

"Well, go on getting the jury," said the judge, yawning again and

handing the paper to the clerk.

At that moment Mr. Salim Zahoul, the interpreter procured by Mr.

Pepperill, approached, bowed and, twisting his purple mustache,

addressed the court: "Your Excellence: I haf to zay dat dees papaire eet

haf articles on zis affair--ze _memkaha_--zat are not diplomatique."

Judge Wetherell blinked at him.

"Who's this man?" he demanded.

"That's the interpreter," explained W.M.P.

"Interpreter!" answered the court. "I can't understand a word he says!"

"He was the best I could get," apologized Pepperill, while the

countenance of Mr. Zahoul blazed with wrath and humiliation. "It's very

difficult to get a fluent interpreter in Arabic."

"Well, just interpret what _he_ says to _me_, will you?" kindly

requested His Honor.

"I zay," suddenly exploded Zahoul--"dees papaire eet half contemptuous

article on ze _menkaha_ zat dees Kasheed Hassoun not kill dees Sardi

Babu!"

"He says," translated Pepperill, "that the newspaper contains an

indiscreet article in favor of the defense. I had no idea there would be

any improper attempt to influence the jury."

"What difference does it make, anyway?" inquired His Honor. "You don't

expect any juryman is going to read that thing, do you? Why, it looks as

if a bumblebee had fallen into an ink bottle and then had a fit all

over the front page."

"I don't suppose--" began Pepperill.

"Go on and get your jury!" admonished the court.

So the lion and the lamb in the shape of Mr. Tutt and Pepperill

proceeded to select twelve gentlemen to pass upon the issue who had

never been nearer to Syria than the Boardwalk at Atlantic City and who

only with the utmost attention could make head or tail of what Mr. Salim

Zahoul averred that the witnesses were trying to say. Moreover, most of

the talesmen evinced a profound distrust of their own ability to do

justice between the People and the defendant and a curious desire to be

relieved from service. However, at last the dozen had been chosen and

sworn, the congestion of the court room slightly relieved, Mr. Zahoul

somewhat appeased, and Mr. William Montague Pepperill rose to outline

his very simple case to the jury.

There was, he explained, no more difficulty in administering justice in

the case of a foreigner than of anyone else. All were equal in the eyes

of the law--equally presumed to be innocent, equally responsible when

proved guilty. And he would prove Kasheed Hassoun absolutely

guilty--guilty beyond a reasonable doubt, beyond any doubt. He would

produce five--five reputable witnesses who would swear that Hassoun had

murdered Sardi Babu; and he prophesied that he would unhesitatingly

demand at the end of the trial such an unequivocal, fearless, honest

expression of their collective opinion as would permanently fix Mr.

Kasheed Hassoun so that he could do no more harm. He expressed it more

elegantly but that was the gist of it. He himself was as sincere and

honest in his belief in his ability to establish the truth of his claim

as he was in the justice of his cause. Alas, he was far too young to

realize that there is a vast difference between knowing the truth and

being able to demonstrate what it is!

In proper order he called the photographer who had taken the picture of

the restaurant, the draftsman who had made the diagram of the interior,

the policeman who had arrested Hassoun, the doctor who had performed the

official autopsy upon the unfortunate Babu, and the five Syrians who had

been present when the crime was perpetrated. Each swore by all that was

holy that Kasheed Hassoun had done exactly as outlined by Assistant

District Attorney Pepperill--and swore it word for word, _verbatim et

literatim, in iisdem verbis, sic_, and yet again exactly. Their

testimony mortised and tenoned in a way to rejoice a cabinet-maker's

heart. And at first to the surprise and later to the dismay of Mr.

Pepperill, old man Tutt asked not one of them a single question about

the murder. Instead he merely inquired in a casual way where they came

from, how they got there, what they did for a living, and whether they

had ever made any contradictory statement as to what had occurred, and

as his cross-examination of Mr. Habu Kahoots was typical of all the rest

it may perhaps be set forth as an example, particularly as Mr. Kahoots

spoke English, which the others did not.

"And den," asserted Mr. Kahoots stolidly, "Kasheed Hassoun, he grab heem

by ze troat and break hees neck."

He was a short, barrel-shaped man with curly ringlets, fat, bulging

cheeks, heavy double chin and enormous paunch, and he wore a green

worsted waistcoat and his fingers were laden with golden rings.

"Ah!" said Mr. Tutt complaisantly. "You saw all that exactly as you have

described it?"

"Yes, sair!"

"Where were you born?"

"Acre, Syria."

"How long have you been in the United States?"

"Tirty years."

"Where do you live?"

"Augusta, Georgia."

"What's your business?"

Mr. Kahoots visibly expanded.

"I have street fair and carnival of my own. I have electric theater, old

plantation, Oriental show, snake exhibit and merry-go-round."

"Well, well!" exclaimed Mr. Tutt. "You are certainly a capitalist! I

hope you are not financially overextended!"

Mr. Pepperill looked pained, not knowing just how to prevent such

jocoseness on the part of his adversary.

"I object," he muttered feebly.

"Quite properly!" agreed Mr. Tutt. "Now, Mr. Kahoots, are you a citizen

of the United States?"

Mr. Kahoots looked aggrieved.

"Me? No! Me no citizen. I go back sometime Acre and build moving-picture

garden and ice-cream palace."

"I thought so," commented Mr. Tutt. "Now what, pray, were you doing in

the Washington Street restaurant?"

"Eating _kibbah arnabeiah_ and _mamoul_."

"I mean if you live in Augusta how did you happen to be in New York at

precisely that time?"

"Eh?"

"How you come in New York?" translated Mr. Tutt, while the jury laughed.

"Just come."

"But why?"

"Just come."

"Yes, yes; but you didn't come on just to be present at the murder, did

you?"

Kahoots grinned.

"I just come to walk up and down."

"Where--walk up and down?"

"On Washington Street. I spend the winter. I do nothing. I rich man."

"How long did you stay when you just came on?"

"Tree days. Then I go back."

"Why did you go back?"

"I dunno. Just go back."

Mr. Tutt sighed. The jury gave signs of impatience.

"Look here!" he demanded. "How many times have you gone over your story

with the district attorney?"

"Nevvair."

"What?"

"I nevvair see heem."

"Never see whom?"

"Dees man--judge."

"I'm not talking about the judge."

"I nevvair see no one."

"Didn't you tell the Grand Jury that Hassoun stabbed Babu with a long

knife?"

"I dunno heem!"

"Who?"

"Gran' Jury."

"Didn't you go into a big room and put your hand on a book and swear?"

"I no swear--ever!"

"And tell what you saw?"

"I tell what I saw."

"What did you see?"

"I saw Hassoun break heem hees neck."

"Didn't you say first that Hassoun stabbed Babu?"

"No--nevvair!"

"Then didn't you come back and say he shot him?"

"No--nevvair!"

"And finally, didn't you say he strangled him--after you had heard that

the coroner's physician had decided that that was how he was killed?"

"Yes--he break heem hees neck."

Mr. Kahoots was apparently very much bored, but he was not bored in

quite the same way as the judge, who, suddenly rousing himself, asked

Mr. Tutt if he had any basis for asking such questions.

"Why, certainly," answered the old lawyer quietly. "I shall prove that

this witness made three absolutely contradictory statements before the

Grand Jury."

"Is that so, Mister District Attorney?"

"I don't know," replied Pepperill faintly. "I had nothing to do with the

proceedings before the Grand Jury."

Judge Wetherell frowned.

"It would seem to me," he began, "as if a proper preparation of the case

would have involved some slight attention to--Well, never mind! Proceed,

Mr. Tutt."

"Kahoots!" cried the lawyer sternly. "Isn't it a fact that you have

been convicted of crime yourself?"

The proprietor of the merry-go-round drew himself up indignantly.

"Me? No!"

"Weren't you convicted of assault on a man named Rafoul Rabyaz?"

"Me? Look here, sir! I tell you 'bout dat! This Rafoul Rabyaz he my

partner, see, in pool, billiard and cigar business on Greenwich Street.

This long time ago. Years ago. We split up. I sell heem my shares, see.

I open next door--pool table, café and all. But I not get full half the

stock. I not get the tablecloth, see. I was of the tablecloth you know

short. It don't be there. I go back there that time. I see heem. I say,

'We don't count those tablecloth.' He say, 'Yes.' I say,'No.' He

say,'Yes.' I say 'No.' He say, 'Yes.' I say, 'No'--"

"For heaven's sake," exclaimed Judge Wetherell, "don't say that again!"

"Yes, sair," agreed the showman. "All right. I say, 'No.' I say, 'You

look in the book.' He say, 'No.' We each take hold of the cloth. I have

a knife. I cut cloth in two. I give heem half. I take half. I say, 'You

take half; I take half.' He say, 'Go to hell!'"

He waved his hand definitively.

"Well?" inquired Mr. Tutt anxiously.

"Dat's all!" answered Mr. Kahoots.

One of the jurymen suddenly coughed and thrust his handkerchief into his

mouth.

"Then you stuck your knife into him, didn't you?" suggested Mr. Tutt.

"Me? No!"

Mr. Tutt shrugged his shoulders and pursed his lips.

"You were convicted, weren't you?"

"I call twenty witness!" announced Mr. Kahoots with a grand air.

"You don't need to!" retorted Mr. Tutt. "Now tell us why you had to

leave Syria?"

"I go in camel business at Coney Island," answered the witness demurely.

"What!" shouted the lawyer. "Didn't you run away from home because you

were convicted of the murder of Fatima, the daughter of Abbas?"

"Me? No!" Mr. Kahoots looked shocked.

Mr. Tutt bent over and spoke to Bonnie Doon, who produced from a leather

bag a formidable document on parchment-like paper covered with

inscriptions in Arabic and adorned with seals and ribbons.

"I have here, Your Honor," said he, "the record of this man's conviction

in the Criminal Court in Beirut, properly exemplified by our consuls and

the embassy at Constantinople. I have had it translated, but if Mr.

Pepperill prefers to have the interpreter read it--"

"Show it to the district attorney!" directed His Honor.

Pepperill looked at it helplessly.

"You may read your own translation," said the court drowsily.

Mr. Tutt bowed, took up the paper and faced the jury.

"This is the official record," he announced. "I will read it.

"'In the name of God.

"'On a charge of the murder of the gendarmes Nejib Telhoon and

Abdurrahman and Ibrahim Aisha and Fatima, daughter of Hason Abbas, of

the attack on certain nomads, of having fired on them with the intent of

murder, of participation and assistance in the act of murder, of having

shot on the regular troops, of assisting in the escape of some offenders

and of having drawn arms on the regular troops, during an uprising on

Sunday, January 24, 1303--Mohammedan style--between the inhabitants of

the Mezreatil-Arab quarter in Beirut and the nomads who had pitched

their tents near by, the following arrested persons, namely--Metri son

of Habib Eljemal and Habib son of Mikael Nakash and Hanna son of

Abdallah Elbaitar and Elias Esad Shihada and Tanous son of Jerji Khedr

and Habib son of Aboud Shab and Elias son of Metri Nasir and Khalil son

of Mansour Maoud and Nakhle son of Elias Elhaj and Nakhle son of Berkat

Minari and Antoon son of Berkat Minari and Lutfallah son of

Jerji-Kefouri and Jabran Habib Bishara and Kholil son of Lutf Dahir and

Nakhle Yousif Eldefoumi, all residents of the said quarter and Turkish

subjects, and their companions, sixty-five fugitives, namely--Isbir

Bedoon son of Abdallah Zerik and Elias son of Kanan Zerik and Amin Matar

and Jerji Ferhan alias Baldelibas and Habu son of Hanna Kahoots and--'"

Deputy Assistant District Attorney Pepperill started doubtfully to his

feet.

"If the court please," he murmured in a sickly voice, "I object. In the

first place I don't know anything about this record--and I object to it

on that ground; and in the second place a trial and conviction in the

absence of a defendant under our law is no conviction at all."

"But this man is a Turkish subject and it's a good conviction in

Turkey," argued Mr. Tutt.

"Well, it isn't here!" protested Pepperill.

"You're a little late, aren't you?" inquired His Honor. "It has all been

read to the jury. However, I'll entertain a motion to strike out--"

"I should like to be heard on the question," said Mr. Tutt quickly.

"This is an important matter."

Unexpectedly a disgruntled-looking talesman in the back row held up his

hand.

"I'd like to ask a question myself," he announced defiantly, almost

arrogantly, after the manner of one with a grievance. "I'm a

hard-working business man. I've been dragged here against my will to

serve on this jury and decide if this defendant murdered somebody or

other. I don't see what difference it makes whether or not this witness

cut a tablecloth in two or murdered Fatima, the daughter of What's his

Name. I want to go home--sometime. If it is in order I'd like to suggest

that we get along."

Judge Wetherell started and peered with a puzzled air at this bold

shatterer of established procedure.

"Mister Juryman," said he severely, "these matters relate directly to

the credibility of the witness. They are quite proper.

I--I--am--surprised--"

"But, Your Honor," expostulated the iconoclast upon the back row, "I

guess nobody is going to waste much time over this Turkish snake

charmer! Ain't there a policeman or somebody we can believe who saw what

happened?"

"Bang!" went the judicial gavel.

"The juryman will please be silent!" shouted Judge Wetherell. "This is

entirely out of order!" Then he quickly covered his face with his

handkerchief. "Proceed!" he directed in a muffled tone.

"Where were we?" asked Mr. Tutt dreamily.

"Fatima, the daughter of Abbas," assisted the foreman, sotto voce.

"And I objected to Fatima, the daughter of Abbas!" snapped Pepperill.

"Well, well!" conceded Mr. Tutt. "She's dead, poor thing! Let her be.

That is all, Mr. Kahoots."

It is difficult to describe the intense excitement these digressions

from the direct testimony occasioned among the audience. The reference

to the billiard-table cover and the murder of the unfortunate Fatima

apparently roused long-smoldering fires. A group of Syrians by the

window broke into an unexpected altercation, which had to be quelled by

a court officer, and when quiet was restored the jury seemed but

slightly attentive to the precisely similar yarns of Nicola Abbu,

Menheem Shikrie, Fajal Mokarzel and David Elias, especially as the

minutes of the Grand Jury showed that they had sworn to three entirely

different sets of facts regarding the cause of Babu's death. Yet when

the People rested it remained true that five witnesses, whatever the

jury may have thought of them, had testified that Hassoun strangled

Sardi Babu. The jury turned expectantly to Mr. Tutt to hear what he had

to say.

"Gentlemen," he said quietly, "the defense is very simple. None of the

witnesses who have appeared here was in fact present at the scene of the

homicide at all. I shall call some ten or twelve reputable Syrian

citizens who will prove to you that Kasheed Hassoun, my client, with a

large party of friends was sitting quietly in the restaurant when Sardi

Babu came in with a revolver in his hand, which he fired at Hassoun, and

that then, and only then, a small dark man whose identity cannot be

established--evidently a stranger--seized Babu before he could fire

again, and killed him--in self-defense."

Mr. William Montague Pepperill's jaw dropped as if he had seen the ghost

of one of his colonial ancestors. He could not believe that he had heard

Mr. Tutt correctly. Why, the old lawyer had the thing completely turned

round! Sardi Babu hadn't gone to the restaurant. He had been in the

restaurant, and it had been Kasheed Hassoun who had gone there.

Yet, one by one, placidly, imperturbably, the dozen witnesses foretold

by Mr. Tutt, and gathered in by Bonnie Doon, marched to the chair and

swore upon the Holy Bible that it was even as Mr. Tutt had said, and

that no such persons as Mokarzel, Kahoots, Abbu, Shikrie and Elias had

been in the restaurant at any time that evening, but on the contrary

that they, the friends of Hassoun, had been there eating Turkish pie--a

few might have had mashed beans with _taheenak_--when Sardi Babu,

apparently with suicidal intent, entered alone to take vengeance upon

the camel owner.

"That is all. That is our case," said Mr. Tutt as the last Syrian left

the stand.

But there was no response from the bench. Judge Wetherell had been

dozing peacefully for several hours. Even Pepperill could not avoid a

decorous smile. Then the clerk pulled out the copy of Al-Hoda and

rustled it, and His Honor, who had been dreaming that he was riding

through the narrow streets of Bagdad upon a jerky white dromedary so

tall that he could peek through the latticed balconies at the plump,

black-eyed odalisques within the harems, slowly came back from Turkey to

New York.

"Gentlemen of the jury," said he, pulling himself together, "the

defendant here is charged by the Grand Jury with having murdered Fatima

the daughter of Abbas--I beg your pardon! I mean--who was it?--one Sardi

Babu. I will first define to you the degrees of homicide--"

* * * * *

One day three months later, after Kasheed Hassoun had been twice tried

upon the same testimony and the jury had disagreed--six to six, each

time--Mr. Tutt, who had overstayed his lunch hour at the office, put on

his stovepipe hat and strolled along Washington Street, looking for a

place to pick up a bite to eat. It was in the middle of the afternoon

and most of the stores were empty, which was all the more to his liking.

He had always wanted to try some of that Turkish pie that they had all

talked so much about at the trial. Presently a familiar juxtaposition of

names caught his eye--Ghabryel & Assad. The very restaurant which had

been the scene of the crime! Curiously, he turned in there. Like all the

other places it was deserted, but at the sound of his footsteps a little

Syrian boy not more than ten years old came from behind the screen at

the end of the room and stood bashfully awaiting his order.

Mr. Tutt smiled one of his genial weather-beaten smiles at the youngster

and glancing idly over the bill of fare ordered _biklama_ and coffee.

Then he lit a stogy and stretched his long legs comfortably out under

the narrow table. Yes, this was the very spot where either Sardi Babu

and his friends had been sitting the night of the murder or Kasheed

Hassoun and his friends--one or the other; he wondered if anybody would

ever know which. Was it possible that in this humdrum little place human

passions had been roused to the taking of life on account of some mere

difference in religious dogma? Was this New York? Was it possible to

Americanize these people? A door clattered in the rear, and from behind

the screen again emerged the boy carrying a tray of pastry and coffee.

"Well, my little man," said Mr. Tutt, "do you work here?"

"Oh, yes," answered the embryonic citizen. "My father, he owns half the

store. I go to school every day, but I work here afterward. I got a

prize last week."

"What sort of a prize?"

"I got the English prize."

The lawyer took the child's hand and pulled him over between his knees.

He was an attractive lad, clean, responsive, frank, and his eyes looked

straight into Mr. Tutt's.

"Sonny," he inquired his new friend, "are you an American?"

"Me? Sure! You bet I'm an American! The old folks--no! You couldn't

change 'em in fifty years. They're just what they always were. They

don't want anything different. They think they're in Syria yet. But

me--say, what do you think? Of course I'm an American!"

"That's right!" answered Mr. Tutt, offering him a piece of pastry. "And

what is your name?"

"George Nasheen Assad," answered the boy, showing a set of white teeth.

"Well, George," continued the attorney, "what has become of Kasheed

Hassoun?"

"Oh, he's down at Coney Island. He runs a caravan. He has six camels. I

go there sometimes and he lets me ride for nothing. I know who you are,"

said the little Syrian confidently, as he took the cake. "You're the

great lawyer who defended Kasheed Hassoun."

"That's right. How did you know that, now?"

"I was to the trial."

"Do you think he ought to have been let off?" asked Mr. Tutt

whimsically.

"I don't know," returned the child. "I guess you did right not to call

me as a witness."

Mr. Tutt wrinkled his brows.

"Eh? What? You weren't a witness, were you?"

"Of course I was!" laughed George. "I was here behind the screen. I saw

the whole thing. I saw Kasheed Hassoun come in and speak to Sardi Babu,

and I saw Sardi draw his revolver, and I saw Kasheed tear it out of his

hand and strangle him."

Mr. Tutt turned cold.

"You saw that?" he challenged.

"Sure."

"How many other people were there in the restaurant?" inquired Mr. Tutt.

"Nobody at all," answered George in a matter-of-fact tone. "Only Kasheed

and Sardi. Nobody else was in the restaurant."

Contempt of Court

The court can't determine what is honor.--Chief Baron Bowes, 1743.

I know what my code of honor is, my lord, and I intend to adhere to

it.--John O'Conner, M.P., in Parnell Commission's Proceedings, 103d

Day; Times Rep. pt. 28, pp. 19 _ff_.

Well, honor is the subject of my story.--Julius Caesar, Act I, Sc 2.

"What has become of Katie--the second waitress?" asked Miss Althea

Beekman of Dawkins, her housekeeper, as she sat at her satinwood desk

after breakfast. "I didn't see her either last night or this morning."

Dawkins, who was a mid-Victorian, flushed awkwardly.

"I really had to let the girl go, ma'am!" she explained with an outraged

air. "I hardly know how to tell you--such a thing in this house! I

couldn't possibly have her round. I was afraid she might corrupt the

other girls, ma'am--and they are such a self-respecting lot--almost

quite ladylike, ma'am. So I simply paid her and told her to take herself

off."

Miss Beekman looked pained.

"You shouldn't have turned her out into the street like that, Dawkins!"

she expostulated. "Where has she gone?"

Dawkins gazed at her large feet in embarrassment.

"I don't know, ma'am," she admitted. "I didn't suppose you'd want her

here so I sent her away. It was quite inconvenient, too--with the

servant problem what it is. But I'm hoping to get another this afternoon

from Miss Healey's."

Miss Beekman was genuinely annoyed.

"I am seriously displeased with you, Dawkins!" she returned severely.

"Of course, I am shocked at any girl in my household misbehaving

herself, but--I--wouldn't want her to be sent away--under such

circumstances. It would be quite heartless. Yes, I am very much

disturbed!"

"I'm sorry, ma'am," answered the housekeeper penitently. "But I was only

thinking of the other girls."

By Advice of Counsel · 第 4 / 16 段