I turned in my seat and touched the arm of my neighbor.

"Who is that man who wants to go on with the case?"

"Oh, that's Bill Cartwright, one of the cheap, shyster lawyers always

hanging around here looking for a job. His boast is he never lost a

suit. Guess the other fellow skipped because he thought he had a better

scoop somewhere else. These poor devils from the mountains never have

any money to pay a lawyer. Court appoints 'em."

With the appointment of the prisoner's attorney the crowd in the

court-room craned their necks in closer attention, one man standing on

his chair for a better view until a deputy ordered him down. They knew

what the charge was. It was the defence they all wanted to hear. That

had been the topic of conversation around the tavern stoves of Bug

Hollow for months past.

Cartwright began by asking that the mail-carrier be recalled. The little

man again took the stand.

The methods of these police-court lawyers always interest me. They are

gamblers in evidence, most of them. They take their chances as the cases

go on; some of them know the jury--one or two is enough; some are

learned in the law--more learned, often, than the prosecutor, who is a

Government appointee with political backers, and now and then one of

them knows the Judge, who is also a political appointee and occasionally

has his party to care for. All are valuable in an election, and a few of

them are honest. This one, my neighbor told me, had held office as a

police justice and was a leader in his district.

Cartwright drew his gloves carefully from his hands, laid his silk hat

on a chair, dropped into it a package of legal papers tied with a red

string, and, adjusting his glasses, fixed his eyes on the mail-carrier.

The expression on his face was bland and seductive.

"At what hour do you say the attempted robbery took place, Mr.

Bowditch?"

"About eleven o'clock."

"Did you have a watch?"

"No."

"How do you know, then?" The question was asked in a mild way as if he

intended to help the carrier's memory.

"I don't know exactly; it may have been half-past ten or eleven."

"You, of course, saw the man's face?"

"No."

"Then you heard him speak?" Same tone as if trying his best to encourage

the witness in his statements.

"No." This was said with some positiveness. The mail-carrier evidently

intended to tell the truth.

Cartwright turned quickly with a snarl like that of a dog suddenly

goaded into a fight.

"How can you swear, then, that the prisoner made the assault?"

The little man changed color and stammered out in excuse:

"He was as big as him, anyway, and there ain't no other like him nowhere

in them parts."

"Oh, he was as _big_ as him, was he?" This retort came with undisguised

contempt. "And there are no others like him, eh? Do you know _everybody_

in Bell County, Mr. Bowditch?"

The mail-carrier did not answer.

Cartwright waited until the discomfiture of the witness could be felt by

the jury, dismissed him with a wave of his hand, and, looking over the

room, beckoned to an old man seated by a girl--the same couple he had

been talking to before his appointment by the Court--and said in a

loud voice:

"Will Mr. Perkins Tilden take-the stand?"

At the mention of his father's name, Bud, who had maintained throughout

his indifferent attitude, straightened himself erect in his chair with

so quick a movement that the deputy edged a foot nearer and

instinctively slid his hand to his hip-pocket.

A lean, cadaverous, painfully thin old man in answer to his name rose to

his feet and edged his way through the crowd to the witness-chair. He

was an inch taller than his son, though only half his weight, and was

dressed in a suit of cheap cloth of the fashion of long ago, the coat

too small for him, even for his shrunken shoulders, and the sleeves

reaching only to his wrists. As he took his seat, drawing in his long

legs toward his chair, his knee-bones, under the strain, seemed to be on

the point of coming through his trousers. His shoulders were bowed, the

incurve of his thin stomach following the line of his back. As he

settled back in his chair he passed his hand nervously over his mouth,

as if his lips were dry.

Cartwright's manner to this witness was the manner of a lackey who hangs

on every syllable that falls from his master's lips.

"At what time, Mr. Tilden, did your son Bud reach your house on the

night of the robbery?"

The old man cleared his throat and said, as if weighing each word:

"At ten minutes past ten o'clock."

"How do you fix the time?"

"I had just wound the clock when Bud come in."

"How, Mr. Tilden, how far is it to the cross-roads where the

mail-carrier says he was robbed?"

"About a mile and a half from my place."

"And how long would it take an able-bodied man to walk it?"

"'Bout fifteen minutes."

"Not more?"

"No, sir."

The Government's attorney had no questions to ask, and said so with a

certain assumed nonchalance.

Cartwright bowed smilingly, dismissed Bud's father with a satisfied

gesture of the hand, looked over the court-room with the air of a man

who was unable at the moment to find what he wanted, and in a low voice

called: "Jennetta Mooro!"

The girl, who sat within three feet of Cartwright, having followed the

old man almost to the witness-stand, rose timidly, drew her shawl closer

about her shoulders, and took the seat vacated by Bud's father. She had

that half-fed look in her face which one sometimes finds in the women of

the mountain-districts. She was frightened and very pale. As she pushed

her poke-bonnet back from her ears her unkempt brown hair fell about

her neck.

But Tilden, at mention of her name, half-started from his chair and

would have risen to his feet had not the officer laid his hand upon him.

He seemed on the point of making some protest which the action of the

officer alone restrained.

Cartwright, after the oath had been administered, began in a voice so

low that the jury stretched their necks to listen:

"Miss Moore, do you know the prisoner?"

"Yes, sir, I know Bud." She had one end of the shawl between her fingers

and was twisting it aimlessly. Every eye in the room was fastened

upon her.

"How long have you known him?"

There was a pause, and then she said in a faint voice:

"Ever since he and me growed up."

"Ever since you and he grew up, eh?" This repetition was in a loud

voice, so that any juryman dull of hearing might catch it. "Was he at

your house on the night of the robbery?"

"Yes, sir."

"At what time?"

"'Bout ten o'clock." This was again repeated.

"How long did he stay?"

"Not more'n ten minutes."

"Where did he go then?"

"He said he was goin' home."

"How far is it to his home from your house?"

"'Bout ten minutes' walk."

"That will do, Miss Moore," said Cartwright, and took his seat.

The Government prosecutor, who had sat with shoulders hunched up, his

wings pulled in, rose to his feet with the aid of a chair-back,

stretched his long arms above his head, and then, lowering one hand

level with the girl's face, said, as he thrust one sharp, skinny finger

toward her:

"Did anybody else come to see you the next night after the robbery?"

There was a pause, during which Cartwright busied himself with his

papers. One of his methods was never to seem interested in the

cross-examination of any one of his witnesses.

The girl's face flushed, and she began to fumble the shawl nervously

with her fingers.

"Yes, Hank Halliday," she murmured, in a low voice.

"Mr. Halliday, who has testified here?"

"Yes, sir."

"What did he want?"

"He wanted to know if I'd got a letter he'd writ me day before. And I

tol' him I hadn't. Then he 'lowed he'd a-brought it to me himself if

he'd knowed Bud was goin' to turn thief and hold up the mail-man. I

hadn't heard nothin' 'bout it and nobody else had till he began to talk.

I opened the door then and tol' him to walk out; that I wouldn't hear

nobody speak that way 'bout Bud Tilden. That was 'fore they'd

'rested Bud."

"Have you got that letter now?"

"No, sir."

"Did you ever get it?"

"No, sir."

"Did you ever see it?"

"No, and I don't think it was ever writ."

"But he _has_ written you letters before?"

"He used to; he don't now."

"That will do."

The girl took her place again behind the old man.

Cartwright rose to his feet with great dignity, walked to the chair on

which rested his hat, took from it the package of papers to serve as an

orator's roll--he did not open it, and they evidently had no bearing on

the case--and addressed the Judge, the package held aloft in his hand:

"Your Honor, there's not been a particle of evidence so far produced in

this court to convict this man of this crime. I have not conferred with

him, and therefore do not know what answers he has to make to this

infamous charge. I am convinced, however, that his own statement under

oath will clear up at once any doubt remaining in the minds of this

honorable jury of his innocence."

This was said with a certain ill-concealed triumph in his voice. I saw

now why he had taken the case, and saw, too, the drift of his

defence--everything thus far pointed to the old hackneyed plea of an

alibi. He had evidently determined on this course of action when he sat

listening to the stories Bud's father and the girl had told him as he

sat beside them on the bench near the door. Their testimony, taken in

connection with the uncertain testimony of the Government's principal

witness, the mail-carrier, as to the exact time of the assault, together

with the prisoner's testimony stoutly denying the crime, would insure

either an acquittal or a disagreement. The first would result in his

fees being paid by the court, the second would add to this amount

whatever Bud's friends could scrape together to induce him to go on with

the second trial. In either case his masterly defence was good for an

additional number of clients and perhaps--of votes. It is humiliating to

think that any successor of Choate, Webster, or Evarts should earn his

bread in this way, but it is true all the same.

"The prisoner will take the stand!" cried Cartwright, in a firm voice.

As the words left his mouth, the noise of shuffling feet and the

shifting of positions for a bettor view of the prisoner became so loud

that the Judge rapped for order, the clerk repeating it with the end of

his ruler.

Bud lifted himself to his feet slowly (his being called was evidently as

much of a surprise to him as it was to the crowded room), looked about

him carelessly, his glance resting first on the girl's face and then on

the deputy beside him. He stepped clumsily down from the raised platform

and shouldered his way to the witness-chair. The prosecuting attorney

had evidently been amazed at the flank movement of his opponent, for he

moved his position so he could look squarely in Bud's face. As the

prisoner sank into his seat, the room became hushed in silence.

Bud kissed the book mechanically, hooked his feet together and, clasping

his big hands across his waist-line, settled his great body between the

arms of the chair, with his chin resting on his shirt-front. Cartwright,

in his most impressive manner, stepped a foot closer to Bud's chair.

"Mr. Tilden, you have heard the testimony of the mail-carrier; now be

good enough to tell the jury where you were on the night of the

robbery--how many miles from this _mail-sack_?" and he waved his hand

contemptuously toward the bag. It was probably the first time in all his

life that Bud had heard any man dignify his personality with any

such title.

In recognition of the compliment, Bud raised his chin slightly and fixed

his eyes more intently on his questioner. Up to this time he had not

taken the slightest notice of him.

"'Bout as close's I could git to it--'bout three feet, I should

say--maybe less."

Cartwright gave a slight start and bit his lip. Evidently the prisoner

had misunderstood him. The silence continued.

"I don't mean _here_, Mr. Tilden;" and he pointed to the bag. "I mean

the night of the so-called robbery."

"That's what I said; 'bout as close's I could git."

"Well, did you rob the mail?" This was asked uneasily, but with a

half-concealed laugh in his voice as if the joke would appear in

a minute.

"No."

"No, of course not." The tone of relief was apparent.

"Well, do you know anything about the cutting of the bag?"

"Yes."

"Who did it?"

"Me."

"_You?"_ The surprise was now an angry one.

"Yes, me."

At this unexpected reply the Judge pushed his glasses high up on his

forehead with a quick motion and leaned over his bench, his eyes on the

prisoner. The jury looked at each other with amazement; such scenes were

rare in their experience. The prosecuting attorney smiled grimly.

Cartwright looked as if someone had struck him a sudden blow in

the face.

"What for?" he stammered. It was evidently the only question left for

him to ask. All his self-control was gone now, his face livid, an angry

look in his eyes. That any man with State's prison yawning before him

could make such a fool of himself seemed to astound him.

Bud turned slowly and, pointing his finger at Halliday, said between

his closed teeth:

"Ask Hank Halliday; he knows."

The buzzard sprang to his feet. There was the scent of carrion in the

air now; I saw it in his eyes.

"We don't want to ask Mr. Halliday; we want to ask you. Mr. Halliday is

not on trial, and we want the truth if you can tell it."

The irregularity of the proceeding was unnoticed in the tense

excitement.

Bud looked at him as a big mastiff looks at a snarling cur with a look

more of pity than contempt. Then he said slowly, accentuating each word:

"Keep yer shirt on. You'll git the truth--git the whole of it. Git what

you ain't lookin' for. There ain't no liars up in our mountains 'cept

them skunks in Gov'ment pay you fellers send up to us, and things like

Hank Halliday. He's wuss nor any skunk. A skunk's a varmint that don't

stink tell ye meddle with him, but Hank Halliday stinks all the time.

He's one o' them fellers that goes 'round with books in their pockets

with picters in 'em that no girl oughter see and no white man oughter

read. He gits 'em down to Louisville. There ain't a man in Pondville

won't tell ye it's true. He shoved one in my outside pocket over to

Pondville when I warn't lookin', the day 'fore I held up this man

Bowditch, and went and told the fellers 'round the tavern that I had

it. They come and pulled it out and had the laugh on me, and then he

began to talk and said he'd write to Jennetta and send her one o' the

picters by mail and tell her he'd got it out o' my coat, and he did. Sam

Kellers seen Halliday with the letter and told me after Bowditch had got

it in his bag. I laid for Bowditch at Pondville Corners, but he got past

somehow, and I struck in behind Bill Somers's mill, and crossed the

mountain and caught up with him as he was ridin' through the piece o'

woods near the clearin'. I didn't know but he'd try to shoot, and I

didn't want to hurt him, so I crep' up behind and threw him in the

bushes, cut a hole in the bag, and got the letter. That's the only one I

wanted and that's the only one I took. I didn't rob no mail, but I

warn't goin' to hev an honest, decent girl like Jennetta git that

letter, and there warn't no other way."

The stillness that followed was broken only by the Judge's voice.

"What became of that letter?"

"I got it. Want to see it?"

"Yes."

Bud felt in his pockets as if looking for something, and then, with an

expression as if he had suddenly remembered, remarked:

"No, I ain't got none. They stole my knife when they 'rested me." Then

facing the courtroom, he added: "Somebody lend me a knife, and pass me

my hat over there 'longside them sheriffs."

[Illustration: "I threw him in the bushes and got the letter."]

The court-crier took the hat from one of the deputies, and the clerk, in

answer to a nod of assent from the Judge, passed Bud an ink-eraser with

a steel blade in one end.

The audience now had the appearance of one watching a juggler perform a

trick. Bud grasped the hat in one hand, turned back the brim, inserted

the point of the knife between the hat lining and the hat itself and

drew out a yellow envelope stained with dirt and perspiration.

"Here it is. I ain't opened it, and what's more, they didn't find it

when they searched me;" and he looked again toward the deputies.

The Judge leaned forward in his seat and said:

"Hand me the letter."

The letter was passed up by the court-crier, every eye following it. His

Honor examined the envelope, and, beckoning to Halliday, said:

"Is this your letter?"

Halliday stepped to the side of the Judge, fingered the letter closely,

and said: "Looks like my writin'."

"Open it and see."

Halliday broke the seal with his thumb-nail, and took out half a sheet

of note-paper closely written on one side, wrapped about a small

picture-card.

"Yes, it's my letter;" and he glanced sheepishly around the room and

hung his head, his face scarlet.

The Judge leaned back in his chair, raised his hand impressively, and

said gravely:

"This case is adjourned until ten o'clock tomorrow."

Two days later I again met the Warden as he was entering the main door

of the jail. He had been over to the Court-house, he said, helping the

deputy along with a new "batch of moonshiners."

"What became of Bud Tilden?" I asked.

"Oh, he got it in the neck for robbin' the mails, just's I told you he

would. Peached on himself like a d---- fool and give everything dead

away. He left for Kansas this morning. Judge give him twenty years."

He is still in the lock-step at Leavenworth prison. He has kept it up

now for two years. His hair is short, his figure bent, his step

sluggish. The law is slowly making an animal of him--that wise,

righteous law which is no respecter of persons.

The Under Dog · 第 20 / 44 题