IV

Three long months had passed, during which Jim had lain in the Tombs.

For a day or two the newspapers had given him considerable notoriety. A

few sentimental women had sent him flowers of greater or less fragrance,

with more or less grammatical expressions of admiration; then the dull

drag of prison-time had begun, broken only by the daily visit of Paddy,

and the more infrequent consultations with old Crookshanks.

The Grand Jury had promptly found an indictment, but when the District

Attorney placed the case upon the calendar in order to allow our hero to

plead guilty, Mr. Crookshanks, Jim's counsel, announced that his client

had no intention of so doing, and demanded an immediate trial.

Dockbridge, however, now found himself in a situation of singular

embarrassment, which made action upon his part for the present

impossible. He was at his wits' end, for the law expressly required that

no prisoner should be confined longer than two months without trial. And

each week he was obliged to face the redoubtable Mr. Crookshanks, who

with much bluster demanded that the case should be disposed of.

Thirteen weeks went by and still Jim lived on prison fare. Soon a

reporter--an acquaintance of Paddy's--commented upon the fact to his

city editor. The policy of the paper happening to be against the

administration, an item appeared among the "Criminal Notes" calling

attention to the period of time during which Jim had been incarcerated.

Other papers copied, and scathing editorials followed. In twenty-four

hours Jim's detention beyond the time regulated by statute for the trial

of a prisoner without bail had become an issue. The great American

public, through its representative, the press, clamored to know why the

wheels of justice had clogged, and the campaign committee of the reform

party called in a body upon the District Attorney, warning him that an

election was approaching and inquiring the cause of the "illegal

proceeding which had been brought to their attention." The editor of the

_Midnight American_, with his usual impetuosity, threatened a _habeas

corpus_.

Then the District Attorney sent for the Assistant, and the two had a

hurried consultation. Finally the chief shook his head, saying: "There's

no way out of it. You'll have to go to trial at once. Perhaps you can

secure a plea. We can't afford any more delay. Put it on for to-morrow."

The next day "Part One of the Court of General Sessions of the Peace, in

and for the County of New York," was crowded to suffocation, for the

dramatic nature of Jim's act of self-sacrifice had not been forgotten,

and a keen interest remained in its _denouement_. It was a brilliant

January noon, and the sun poured through the great windows, casting

irregular patches of light upon the throng within. High above the crowd

of lawyers, witnesses, and policemen sat the Judge; below him, the clerk

and Assistant District Attorney conferred together as to the order in

which the cases should be tried; to the left reclined a row of

non-combatants, "district leaders," ex-police magistrates, and a few

privileged spectators; outside the rail crowded the members of the

"criminal bar"; while in the main body of the room the benches were

tightly packed with loafers, "runners" for the attorneys, curious women,

indignant complainants, and sympathizing friends of the various

defendants. Here no one was allowed to stand, but nearer the door the

pressure became too great, and once more an overplus, new-comers,

lawyers who could not force their way to the front, tardy policemen,

persons who could not make up their minds to come in and sit down, and

stragglers generally, formed a solid mass, absolutely blocking the

entrance, and preventing those outside from getting in or anyone inside

from getting out.

Around the room the huge pipes of the radiators clicked diligently; full

steam was on, not a window open.

Jim was called to the bar, the jury sworn, and Dockbridge, with several

innuendoes reflecting upon the moral character of any man who would

confess himself a criminal and yet put the county to the expense and

trouble of a trial, briefly opened the case.

The stenographer who had taken Jim's confession was the first witness.

He read his notes in full, while Dockbridge nodded with an air of

finality in the direction of the jury.

"Do you care to cross-examine, Mr. Crookshanks?" he inquired.

The lawyer shook his head.

Jim sat smiling, self-possessed, and silent.

The youthful Assistant, still hoping to wring a plea from the defendant,

paused and leaned toward the prisoner's counsel.

"Come, come, what's the use?" he suggested benignantly. "Why go through

all this farce? Let him plead guilty to 'robbery in the second degree.'

He'll be lucky to get that! It's his only chance."

But upon the lean and withered visage of the veteran Crookshanks

flickered an inscrutable smile, like that which played upon the features

of his client.

"Not on your _tin-type_!" he ejaculated.

Dockbridge shrugged his shoulders, hesitated a moment, then glanced a

trifle uneasily toward the crowd of spectators. Once more he turned in

the direction of the prisoner.

"Well, I'll let him plead to grand larceny instead of robbery," he said,

with an air of acting against his better judgment.

Crookshanks grinned sardonically and again shook his head.

"Very well, then," said the prosecutor sternly, "your client will have

to take the consequences. Call the complainant."

"Daniel Farlan, take the witness' chair."

The crowd in the court-room waited expectantly. The complainant,

however, did not respond.

"Daniel Farlan! Daniel Farlan!" bawled the officer.

But the venerable Farlan came not. Perchance he was a-sleeping or

a-hunting.

"If your Honor pleases," announced Dockbridge, "the complainant does not

answer. I must ask for an adjournment."

But in an instant the old war-horse, Crookshanks, was upon his feet

snorting for the battle.

"I protest against any such proceeding!" he shouted, his voice trembling

with well-simulated indignation. "My client is in jeopardy. I insist

that this trial go on here and now!"

Dockbridge smiled deprecatingly, but the jury and spectators showed

plainly that they were of Mr. Crookshanks's opinion. The Judge hesitated

for a moment, but his duty was clear. There was no question but that Jim

_had_ been put in jeopardy.

"You must go on with the trial, Mr. Dockbridge," he announced

reluctantly. "The jury has been sworn, and a witness has testified. It

is too late to stop now."

The Assistant was forced to admit that he had no further evidence at

hand.

"What!" cried the Judge. "No further evidence! Well, proceed with the

defence!"

Dockbridge dropped into a chair and mopped his forehead, while the jury

glanced inquiringly in the direction of the defendant. But now

Crookshanks, the hero of a hundred legal conflicts, the hope and trust

of all defenceless criminals, slowly arose and buttoned his threadbare

frock-coat. He looked the Court full in the eye. The prosecutor he

ignored.

"If your Honor please," began the old lawyer gently, "I move that the

Court direct the jury to acquit, on the ground that the People have

failed to make out a case."

The Assistant jumped to his feet. The spectators stared in amazement at

the audacity of the request. The Judge's face became a study.

"What do you mean, Mr. Crookshanks?" he exclaimed. "This man is a

self-confessed criminal. Do you hear, sir, a _self-confessed criminal_."

But the anger of the Court had no terrors for little Crookshanks. He

waited calmly until the Judge had concluded, smiled deferentially, and

resumed his remarks, as if the bench were in its usual state of

placidity.

"I must beg most respectfully to point out to your Honor that the

Criminal Code provides that the confession of a defendant is not of

itself enough to warrant his conviction _without additional proof that

the crime charged has been committed_. May I be pardoned for indicating

to your Honor that the only evidence in this proceeding against my

client is his own confession, made, I believe, some time ago, under

circumstances which were, to say the least, unusual. While I do not

pretend to doubt the sincerity of his motives on that occasion, or to

contest at this juncture the question of his moral guilt, the fact

remains _that there has been no additional proof_ adduced upon any of

the material points in the case, to wit, that the complainant ever

existed, ever possessed a ring, or that it was ever taken from him."

He paused, coughed slightly, and, removing from his green bag a folded

paper, continued: "In addition, it is my duty to inform the Court that a

person named Farlan left the jurisdiction of this tribunal upon the day

after Monohan's conviction of the offence for which my client is now on

trial.

"After such an unfortunate mistake," said Crookshanks with an almost

imperceptible twinkle in his "jury eye," "he can hardly be expected to

assist voluntarily in a second prosecution. I hold in my hand his

affidavit that he has left the State never to return."

The Judge had left his chair and was striding up and down the dais. He

now turned wrathfully upon poor Dockbridge.

"What do you mean by trying a case before me prepared in such a fashion?

This is a disgraceful miscarriage of justice! I shall lay the matter

before the District Attorney in person! Mr. Crookshanks has correctly

stated the law. I am absolutely compelled to discharge this defendant,

who, by his own statement, ought to be incarcerated in State Prison!

I--I--the Court has been hoodwinked! The District Attorney made

ridiculous! As for you," casting a withering glance upon the prisoner,

"if I ever have the opportunity, I shall punish you as you deserve!"

Dead silence fell upon the court-room. The clerk arose and cleared his

throat.

"Mr. Foreman, have you agreed upon a verdict? What say you? Do you find

the defendant guilty, or not guilty?"

"Not guilty," replied the foreman, somewhat doubtfully.

There was a smothered demonstration in the rear of the court-room. A few

spectators had the temerity to clap their hands.

"Silence! Silence in the court!" shouted the Captain.

The clerk faced the prisoner.

"James Hawkins, alias James Hawkinson, alias Supple Jim, you are

discharged."

As our hero stepped from behind the bar, Paddy was the first to grasp

his hand.

"You're the cleverest boy in New York!" he muttered enthusiastically;

"and say, Jim," he lowered his voice--could it be with a shade of

embarrassment?--"you're a hero all right, into the bargain."

"Oh, cut that out!" answered Jim. "Wasn't I playing a sure thing? And

wasn't it worth three months,--and ten dollars _per_ to the old guy for

staying over in Jersey,--to put 'em in a hole like that?"

And the two of them, relieved by this evasion of an impending and

depressing cloud of moral superiority, went out, with others, to get a

drink.

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