CHAPTER XXIII

By eight o'clock the next morning the great city papers were on the

stands with the sprawling headlines, which informed every one in no

uncertain terms:

"PROSECUTION IN GRIFFITHS' CASE CLOSES WITH

IMPRESSIVE DELUGE OF TESTIMONY."

"MOTIVE AS WELL AS METHOD HAMMERED HOME."

"DESTRUCTIVE MARKS ON FACE AND HEAD SHOWN TO

CORRESPOND WITH ONE SIDE OF CAMERA."

"MOTHER OF DEAD GIRL FAINTS AT CLOSE OF

DRAMATIC READING OF HER LETTERS."

And the architectonic way in which Mason had built his case, together

with his striking and dramatic presentation of it, was sufficient to

stir in Belknap and Jephson, as well as Clyde, the momentary conviction

that they had been completely routed--that by no conceivable device

could they possibly convince this jury now that Clyde was not a

quadruple-dyed villain.

And all congratulating Mason on the masterly way he had presented his

case. And Clyde, greatly reduced and saddened by the realization that

his mother would be reading all that had transpired the day before. He

must ask Jephson to please wire her so that she would not believe it.

And Frank and Julia and Esta. And no doubt Sondra reading all this,

too, to-day, yet through all these days, all these black nights, not

one word! A reference now and then in the papers to a Miss X but at no

time a single correct picture of her. That was what a family with money

could do for you. And on this very day his defense would begin and he

would have to go forward as the only witness of any import. Yet asking

himself, _how could he?_ The crowd. Its temper. The nervous strain of

its unbelief and hatred by now. And after Belknap was through with him,

then Mason. It was all right for Belknap and Jephson. They were in no

danger of being tortured, as he was certain of being tortured.

Yet in the face of all this, and after an hour spent with Jephson and

Belknap in his cell, finding himself back in the courtroom, under the

persistent gaze of this nondescript jury and the tensely interested

audience. And now Belknap rising before the jury and after solemnly

contemplating each one of them, beginning:

"Gentlemen--somewhat over three weeks ago you were told by the district

attorney that because of the evidence he was about to present he would

insist that you jurors must find the prisoner at the bar guilty of

the crime of which he stands indicted. It has been a long and tedious

procedure since then. The foolish and inexperienced, yet in every case

innocent and unintentional, acts of a boy of fifteen or sixteen have

been gone into before you gentlemen as though they were the deeds of a

hardened criminal, and plainly with the intention of prejudicing you

against this defendant, who, with the exception of one misinterpreted

accident in Kansas City--the most brutally and savagely misinterpreted

accident it has ever been my professional misfortune to encounter--can

be said to have lived as clean and energetic and blameless and innocent

a life as any boy of his years anywhere. You have heard him called

a man--a bearded man--a criminal and a crime-soaked product of the

darkest vomiting of Hell. And yet he is but twenty-one. And there he

sits. And I venture to say that if by some magic of the spoken word I

could at this moment strip from your eye the substance of all the cruel

thoughts and emotions which have been attributed to him by a clamorous

and mistaken and I might say (if I had not been warned not to do so),

politically biased prosecution, you could no more see him in the light

that you do than you could rise out of that box and fly through those

windows.

"Gentlemen of the jury, I have no doubt that you, as well as the

district attorney and even the audience, have wondered how under the

downpour of such linked and at times almost venomous testimony, I or my

colleague or this defendant could have remained as calm and collected

as we have." (And here he waved with grave ceremoniousness in the

direction of his partner, who was still awaiting his own hour.) "Yet,

as you have seen, we have not only maintained but enjoyed the serenity

of those who not only feel but _know_ that they have the right and just

end of any legal contest. You recall, of course, the words of the Avon

bard--'Thrice armed is he who hath his quarrel just.'

"In fact, we know, as the prosecution in this case unfortunately does

not, the peculiarly strange and unexpected circumstances by which this

dramatic and most unfortunate death came about. And before we are

through you shall see for yourselves. In the meantime, let me tell you,

gentlemen, that since this case opened I have believed that even apart

from the light we propose to throw on this disheartening tragedy, you

gentlemen are not at all sure that a brutal or bestial crime can be

laid upon the shoulders of this defendant. You cannot be! For after

all, love is love, and the ways of passion and the destroying emotion

of love in either sex are not those of the ordinary criminal. Only

remember, we were once all boys. And those of you who are grown women

were girls, and know well--oh, how very well--the fevers and aches

of youth that have nothing to do with a later practical life. 'Judge

not, lest ye be judged and with whatsoever measure ye mete, it will be

measured unto ye again.'

"We admit the existence and charm and potent love spell of the

mysterious Miss X and her letters, which we have not been able to

introduce here, and their effect on this defendant. We admit his love

for this Miss X, and we propose to show by witnesses of our own, as

well as by analyzing some of the testimony that has been offered here,

that perhaps the sly and lecherous overtures with which this defendant

is supposed to have lured the lovely soul now so sadly and yet so

purely accidentally blotted out, as we shall show, from the straight

and narrow path of morality, were perhaps no more sly nor lecherous

than the proceedings of any youth who finds the girl of his choice

surrounded by those who see life only in the terms of the strictest and

narrowest moral régime. And, gentlemen, as your own county district

attorney has told you, Roberta Alden loved Clyde Griffiths. At the very

opening of this relationship which has since proved to be a tragedy,

this dead girl was deeply and irrevocably in love with him, just as at

the time he imagined that he was in love with her. And people who are

deeply and earnestly in love with each other are not much concerned

with the opinions of others in regard to themselves. They are in

love--and that is sufficient!

"But, gentlemen, I am not going to dwell on that phase of the question

so much as on this explanation which we are about to offer. Why did

Clyde Griffiths go to Fonda, or to Utica, or to Grass Lake, or to Big

Bittern, at all? Do you think we have any reason for or any desire

to deny or discolor in any way the fact of his having done so, or

with Roberta Alden either? Or why, after the suddenness and seeming

strangeness and mystery of her death, he should have chosen to walk

away as he did? If you seriously think so for one fraction of a moment,

you are the most hopelessly deluded and mistaken dozen jurymen it

has been our privilege to argue before in all our twenty-seven years'

contact with juries.

"Gentlemen, I have said to you that Clyde Griffiths is not guilty, and

he is not. You may think, perhaps, that we ourselves must be believing

in his guilt. But you are wrong. The peculiarity, the strangeness

of life, is such that oftentimes a man may be accused of something

that he did not do and yet every circumstance surrounding him at the

time seem to indicate that he did do it. There have been many very

pathetic and very terrible instances of miscarriages of justice through

circumstantial evidence alone. Be sure! Oh, be very sure that no such

mistaken judgment based on any local or religious or moral theory of

conduct or bias, because of presumed irrefutable evidence, is permitted

to prejudice you, so that without meaning to, and with the best and

highest-minded intentions, you yourselves see a crime, or the intention

to commit a crime, when no such crime or any such intention ever truly

or legally existed or lodged in the mind or acts of this defendant. Oh,

be sure! Be very, very sure!"

And here he paused to rest and seemed to give himself over to deep and

even melancholy thought, while Clyde, heartened by this shrewd and

defiant beginning was inclined to take more courage. But now Belknap

was talking again, and he must listen--not lose a word of all this that

was so heartening.

"When Roberta Alden's body was taken out of the water at Big Bittern,

gentlemen, it was examined by a physician. He declared at the time

that the girl had been drowned. He will be here and testify and the

defendant shall have the benefit of that testimony, and you must render

it to him.

"You were told by the district attorney that Roberta Alden and Clyde

Griffiths were engaged to be married and that she left her home at

Biltz and went forth with him on July sixth last on her wedding

journey. Now, gentlemen, it is so easy to slightly distort a certain

set of circumstances. 'Were engaged to be married' was how the district

attorney emphasized the incidents leading up to the departure on

July sixth. As a matter of fact, not one iota of any direct evidence

exists which shows that Clyde Griffiths was ever formally engaged to

Roberta Alden, or that, except for some passages in her letters, he

agreed to marry her. And those passages, gentlemen, plainly indicate

that it was only under the stress of moral and material worry, due to

her condition--for which he was responsible, of course, but which,

nevertheless, was with the consent of both--a boy of twenty-one and a

girl of twenty-three--that he agreed to marry her. Is that, I ask you,

an open and proper engagement--the kind of an engagement you think of

when you think of one at all? Mind you, I am not seeking to flout or

belittle or reflect in any way on this poor, dead girl. I am simply

stating, as a matter of fact and of law, that this boy was not formally

engaged to this dead girl. He had not given her his word beforehand

that he would marry her.... Never! There is no proof. You must give

him the benefit of that. And only because of her condition, for which

we admit he was responsible, he came forward with an agreement to

marry her, in case ... in case" (and here he paused and rested on

the phrase), "she was not willing to release him. And since she was

not willing to release him, as her various letters read here show,

that agreement, on pain of a public exposure in Lycurgus, becomes,

in the eyes and words of the district attorney, an engagement, and

not only that but a sacred engagement which no one but a scoundrel

and a thief and a murderer would attempt to sever! But, gentlemen,

many engagements, more open and sacred in the eyes of the law and of

religion, have been broken. Thousands of men and thousands of women

have seen their hearts change, their vows and faith and trust flouted,

and have even carried their wounds into the secret places of their

souls, or gone forth, and gladly, to death at their own hands because

of them. As the district attorney said in his address, it is not new

and it will never be old. Never!

"But it is such a case as this last, I warn you, that you are now

contemplating and are about to pass upon--a girl who is the victim

of such a change of mood. But that is not a legal, however great a

moral or social crime it may be. And it is only a curious and almost

unbelievably tight and yet utterly misleading set of circumstances

in connection with the death of this girl that chances to bring this

defendant before you at this time. I swear it. I truly know it to be

so. And it can and will be fully explained to your entire satisfaction

before this case is closed.

"However, in connection with this last statement, there is another

which must be made as a preface to all that is to follow.

"Gentlemen of the jury, the individual who is on trial here for his

life is a mental as well as a moral coward--no more and no less--not a

downright, hardhearted criminal by any means. Not unlike many men in

critical situations, he is a victim of a mental and moral fear complex.

Why, no one as yet has been quite able to explain. We all have one

secret bugbear or fear. And it is these two qualities, and no others,

that have placed him in the dangerous position in which he now finds

himself. It was cowardice, gentlemen--fear of a rule of the factory of

which his uncle is the owner, as well as fear of his own word given to

the officials above him, that caused him first to conceal the fact that

he was interested in the pretty country girl who had come to work for

him. And later, to conceal the fact that he was going with her.

"Yet no statutory crime of any kind there. You could not possibly

try a man for that, whatever privately you might think. And it was

cowardice, mental and moral, gentlemen, which prevented him, after he

became convinced that he could no longer endure a relationship which

had once seemed so beautiful, from saying outright that he could not

and would not continue with her, let alone marry her. Yet, will you

slay a man because he is the victim of fear? And again, after all, if

a man has once and truly decided that he cannot and will not endure a

given woman, or a woman a man--that to live with her could only prove

torturesome--what would you have that person do? Marry her? To what

end? That they may hate and despise and torture each other forever

after? Can you truly say that you agree with that as a rule, or a

method, or a law? Yet, as the defense sees it, a truly intelligent and

fair enough thing, under the circumstances, was done in this instance.

An offer, but without marriage--and alas, without avail--was made. A

suggestion for a separate life, with him working to support her while

she dwelt elsewhere. Her own letters, read only yesterday in this

court, indicate something of the kind. But the oh, so often tragic

insistence upon what in so many cases were best left undone! And then

that last, long, argumentative trip to Utica, Grass Lake, and Big

Bittern. And all to no purpose. Yet with no intention to kill or betray

unto death. Not the slightest. And we will show you why.

"Gentlemen, once more I insist that it was cowardice, mental and

moral, and not any plot or plan for any crime of any kind, that made

Clyde Griffiths travel with Roberta Alden under various aliases to all

the places I have just mentioned--that made him write 'Mr. and Mrs.

Carl Graham,' 'Mr. and Mrs. Clifford Golden'--mental and moral fear

of the great social mistake as well as sin that he had committed in

pursuing and eventually allowing himself to fall into this unhallowed

relationship with her--mental and moral fear or cowardice of what was

to follow.

"And again, it was mental and moral cowardice that prevented him

there at Big Bittern, once the waters of the lake had so accidentally

closed over her, from returning to Big Bittern Inn and making public

her death. Mental and Moral Cowardice--and nothing more and nothing

less. He was thinking of his wealthy relatives in Lycurgus, their

rule which his presence here on the lake with this girl would show to

have been broken--of the suffering and shame and rage of her parents.

And besides, there was Miss X--the brightest star in the brightest

constellation of all his dreams.

"We admit all that, and we are completely willing to concede that he

was, or must have been, thinking of all these things. The prosecution

charges, and we admit that such is the fact, that he had been so

completely ensnared by this Miss X, and she by him, that he was willing

and eager to forsake this first love who had given herself to him,

for one who, because of her beauty and her wealth, seemed so much

more desirable--even as to Roberta Alden he seemed more desirable

than others. And if she erred as to him--as plainly she did--might

not--might not he have erred eventually in his infatuated following of

one who in the ultimate--who can say?--might not have cared so much

for him. At any rate, one of his strongest fear thoughts at this time,

as he himself has confessed to us, his counsel, was that if this Miss

X learned that he had been up there with this other girl of whom she

had not even so much as heard, well then, it would mean the end of her

regard for him.

"I know that as you gentlemen view such things, such conduct has no

excuse for being. One may be the victim of an internal conflict between

two illicit moods, yet nevertheless, as the law and the church see it,

guilty of sin and crime. But the truth, none-the-less, is that they do

exist in the human heart, law or no law, religion or no religion, and

in scores of cases they motivate the actions of the victims. And we

admit that they motivated the actions of Clyde Griffiths.

"But did he kill Roberta Alden?

"No!

"And again, no!

"Or did he plot in any way, half-heartedly or otherwise, to drag her up

there under the guise of various aliases and then, because she would

not set him free, drown her? Ridiculous! Impossible! Insane! His plan

was completely and entirely different.

"But, gentlemen," and here he suddenly paused as though a new or

overlooked thought had just come to him, "perhaps you would be better

satisfied with my argument and the final judgment you are to render if

you were to have the testimony of one eye-witness at least of Roberta

Alden's death--one who, instead of just hearing a voice, was actually

present, and who saw and hence knows how she met her death."

He now looked at Jephson as much as to say: Now, Reuben, at last, here

we are! And Reuben, turning to Clyde, easily and yet with iron in his

every motion, whispered: "Well, here we are, Clyde, it's up to you now.

Only I'm going along with you, see? I've decided to examine you myself.

I've drilled and drilled you, and I guess you won't have any trouble in

telling me, will you?" He beamed on Clyde genially and encouragingly,

and Clyde, because of Belknap's strong plea as well as this newest and

best development in connection with Jephson, now stood up and with

almost a jaunty air, and one out of all proportion to his mood of but

four hours before, now whispered: "Gee! I'm glad you're going to do it.

I'll be all right now, I think."

But in the meantime the audience, hearing that an actual eyewitness

was to be produced, and not by the prosecution but the defense, was

at once upon its feet, craning and stirring. And Justice Oberwaltzer,

irritated to an exceptional degree by the informality characteristic

of this trial, was now rapping with his gavel while his clerk cried

loudly: "Order! Order! Unless everybody is seated, all spectators will

be dismissed! The deputies will please see that all are seated." And

then a hushed and strained silence falling as Belknap called: "Clyde

Griffiths, take the witness chair." And the audience--seeing to its

astonishment, Clyde, accompanied by Reuben Jephson, making his way

forward--straining and whispering in spite of all the gruff commands

of the judge and the bailiffs. And even Belknap, as he saw Jephson

approaching, being a little astonished, since it was he who according

to the original plan was to have led Clyde through his testimony. But

now Jephson drawing near to him as Clyde was being seated and sworn,

merely whispered: "Leave him to me, Alvin, I think it's best. He looks

a little too strained and shaky to suit me, but I feel sure I can pull

him through."

And then the audience noting the change and whispering in regard to it.

And Clyde, his large nervous eyes turning here and there, thinking:

Well, I'm on the witness stand at last. And now everybody's watching

me, of course. I must look very calm, like I didn't care so very much,

because I didn't really kill her. That's right, I didn't. Yet his skin

blue and the lids of his eyes red and puffy and his hands trembling

slightly in spite of himself. And Jephson, his long, tensile and

dynamic body like that of a swaying birch, turning toward him and

looking fixedly into Clyde's brown eyes with his blue ones, beginning:

"Now, Clyde, the first thing we want to do is make sure that the jury

and every one else hears our questions and answers. And next, when

you're all set, you're going to begin with your life as you remember

it--where you were born, where you came from, what your father did and

your mother, too, and finally, what you did and why, from the time you

went to work until now. I may interrupt you with a few questions now

and then, but in the main I'm going to let you tell it, because I know

you can tell it better than any one." Yet in order to reassure Clyde

and to make him know each moment that he was there--a wall, a bulwark,

between him and the eager, straining, unbelieving and hating crowd--he

now drew nearer, at times so close as to put one foot on the witness

stand, or if not that to lean forward and lay a hand on the arm of the

chair in which Clyde sat. And all the while saying, "Yay-uss--Yay-uss."

"And then what?" "And then?" And invariably at the strong and tonic or

protective sound of his voice Clyde stirring as with a bolstering force

and finding himself able, and without shaking or quavering, to tell the

short but straitened story of his youth.

"I was born in Grand Rapids, Michigan. My parents were conducting a

mission there at that time and used to hold open air meetings...."

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