CHAPTER VIII

THE DEFENDANT TO THE BAR

"Hats off!"

Through the great white room the cry vibrated, followed instantly by

another:

"Hear ye, hear ye, all ye having business with the Court of the

General Sessions of the City and County of New York, draw near, give

attention and ye shall be heard."

Within the Bar, restless as hyenas awaiting their prey, roamed the

district attorneys. Against that Bar, crouching there, were Orr and

his associate counsel, restless too, but prepared to spring. To the

rear were reporters, the flower of newspaperdom, handsome young men

dressed to the ears in resplendent collars and astounding cravats.

Back of them were the spectators, a solid mass, ladies of every degree

except the high one and, with or without them, men whom you would

recognize as first-nighters, others whom you would not recognize at

all. To the right of the Bar were witnesses for the prosecution,

experts in various matters of which gastronomy evidently was one. To

the left was the jury, and above, beneath the amber panoply of the

Bench, the Recorder sat, an ascetic Solon.

The atmosphere of the room, high ceiled, close packed, was

Senegambian. Without you could see, within you could feel, the heat

and eagerness of the autumnal sun.

"Arthur Annandale to the Bar!"

Into the court, as though it were a theatre, the defendant strolled,

perfectly groomed, the Tombs pallor on his face but none of its dust

on his coat, an air of tranquil boredom about him. At his heels was a

keeper. He shook hands with Orr, sat down beside him, turned and gave

his hat to the keeper, turned again and looked over to a gated

inclosure at the right of the Bench where, in a sort of proscenium

box, Sylvia sat with her mother.

The entire settings were those of a play. With this difference, it was

real, a drama of mud and blood without orchestral accompaniment. After

months of preparation, after days of talesmen baiting, on this Indian

Summer forenoon the curtain was rising. The jury it had been a job to

get. A full hundred were examined, cross-questioned, challenged and

rejected before the dozen were boxed. When the last, the twelfth, a

cadaverous individual, was accepted the stage was set.

"May it please the Court; Mr. Foreman and gentlemen of the jury."

With three bows and these rituals, Peacock opened for the State,

outlining the case of the People, describing the crime, detailing the

motive, summarizing the evidence, expressing the wish that the jury

would believe the defendant innocent until his guilt had been proved,

but declaring that, personally, for his own part, of that guilt he was

thoroughly convinced.

Before he had finished Orr was at him. "I object to the District

Attorney prejudicing the jury against this gentleman, my client."

That gentleman did not appear to heed. From Sylvia and her mother he

had turned to look at the spectators, from them to fabulous beasts

that climbed the fluted columns on the walls.

The objection was not sustained.

"And I object to Your Honor's ruling," Orr with a bulldog look threw

up at the Bench.

Peacock proceeded. "There, gentlemen, is the crime, there too, the

motive. To finish the picture evidence will be adduced."

He sat down. Then getting up, he called the first witness for the

People, the Gramercy Park caretaker, who had found the body. The

witness was succeeded by others, by the policeman on the beat, by the

coroner's physician, by experts and servants.

By turn Orr took them in hand. With some he was curiously perfunctory.

Of the caretaker, a meagre old man, with shifty eyes, who appeared

very uncomfortable, he asked but four questions.

"When you found the body what did you do?"

"Ran and got the policeman, sir."

"Where did you get him?"

"On Lexington avenue and Twenty-third street, sir."

"Did you find him at once?"

"No, sir, I had to hunt a bit."

"Between the time you found the body and the time you got back how

many minutes would you say had elapsed?"

"About ten or fifteen minutes, sir."

"That's all," said Orr.

It was not much. Yet with the policeman, a fat man with a red face and

a blue nose, he was even briefer.

"When you reached the park with the last witness, how did you get in?"

"Walked in, sir," the man answered with a grin.

"The gate was open was it?"

"Yes, sir."

"That will do," said Orr.

It was not much either. But with other witnesses, notably with the

experts, he fought, he fought with them, fought with Peacock, fought

with the Court, would have fought with more had there been more to

fight, fought pertinaciously, step by step, reducing testimony to

nothing.

Meanwhile the court-room shimmered with silks. Wanderers from Fifth

avenue who never in their lives had been in the General Sessions

before begged and badgered their way there. It is great fun to see a

man tried for his life. But when you have known him, when in addition

elements supersensational blend like a halo about him, what more could

be decently asked? Yet one thing disappointed. It was regrettable that

the prisoner was not in chains, that he could sit there and yawn with

every appearance of being at a matinee, a keeper for lackey behind

him.

Otherwise the fun, if not fast, was furious. Peacock would ask a

question, the lips of a witness would part but before more than a

fraction of a syllable could issue Orr would hold him up, hold up the

prosecution, hold up the Court. Generally he was overruled. But no

overruling abashed him. He arose from opposition refreshing. There

were times when Sylvia thought him bowed to the earth, utterly

routed, hushed for good. But not a bit of it. At the moment when his

ammunition seemed exhausted and his defeat assured, from an arsenal of

books before him he pulled weapons wherewith not merely to renew the

fight but to win.

In the course of one objection he was commanded by the Bench to sit

down. He protested. The Recorder declined to listen to him further,

reiterating the order that he be seated. Then with the air and manner

of a little boy sent for misbehavior from the room, Orr half turned,

hesitated, turned back, and through the exercise of guile unique and

his own, succeeded in re-engaging the Court in conversation,

protesting his respect, denying his contumacy and presently he was

continuing the very objection because of which he had been told to sit

down. He did sit down, but long after, when he was ready, when he had

succeeded in having his say and his way. Then when at last he did sit

down it was with an air of mastery that would have become Napoleon at

Marengo. At the moment he was not a lawyer merely, he was an actor,

quasi-Shakespearian, a compound of irony and good humor, Falstaff and

Mercutio in one.

All this, however, was, to vary the metaphor, but the preliminary

canter. That Loftus had been killed was shown and admitted. But it had

not been shown nor was it admitted that the defendant was the man.

This defect a star witness was to repair. The star was Harris.

Yet, though a star, he looked ghastly. Whether ill or not, he was at

least ill at ease. The smug, household-servant air had gone. He seemed

to have come from turmoils in Tatterdemalia. He was bruised, dirty,

unshorn. But the story which he had brought to the _Chronicle_ he

repeated, with embellishments at that. After retailing the tale,

precising the motive and elaborating on it, he declared that the love

of the defendant's wife for Loftus was common talk--evidence which,

though hearsay, Orr indifferently let pass.

Then, after identifying a pistol as the property of Annandale--an

exhibit marked A which Peacock had already tried but, held up by Orr,

had not wholly succeeded in fitting to the crime--Harris swore that on

the night of the murder, at five minutes after twelve, in the room

which he occupied at the top of Annandale's house and which overlooked

Gramercy Park, he heard a shot; that going to the window he looked

out, that he could distinguish nothing, but that going then to the

hall he heard someone coming in the house and looking down saw the

defendant enter.

"Ha!" said Orr, taking him in hand, or rather, by the throat. For he

made no attempt at ordinary amenities. He questioned him ferociously,

with an air of personal hatred, with an air of saying, "Damn you, I

have got it in for you now."

"What is your name?" he asked.

"Richard Harris, sir."

Orr pounded on the table in front of him. "Your name! Your name! I

want your name, not something that you have made up like the rest of

your rubbish. How many times have you been in jail? You were once

employed in Hill street, Berkeley Square, by the Duchess of

Kincardine. When you absconded from there, where was it that the

police caught you? Answer me."

From behind the rail objections exploded like shell. But through the

running fire of them Orr held his own, sandbagging the man with one

charge after another, charge of theft, charge of forgery, but

particularly of boasting the week before, in a Sixth avenue saloon

where grooms and footmen congregate, that he could testify to anything

that he was paid for.

From ghastly Harris turned vermilion. The flush retreating left him

livid. Had the fluted columns with their fabulous beasts fallen on him

he could not have been more limp. At one question he swayed like an

animal hit on the head. At another he hissed like a snake. There were

times when he tried to hide from view. It was a curious example of the

biter bit.

"That's all," said Orr with tigerish cheerfulness at last.

He had done him. He had given him the medicine. He had more in

reserve. Peacock meanwhile had once jumped at Orr, his fist raised.

Once he gave him the lie direct. Once he accused him of suborning. But

Orr in sandbagging the witness with one hand, had another free for the

prosecution. He was gluttonish, giving as good as was sent, very often

better.

The Recorder, dismayed at the slugging, protested. "A human being is

on trial for his life. I cannot try a case where only counsel are

heard."

Immediately Orr supplied him with a diversion. One after another

witness for the defense scaled the stand, sleuths from over seas,

experts and servants.

In his corner before them Orr prowled. At the witnesses for the

prosecution he had roared, sometimes he had bounded at the Bar,

sometimes when a move of his succeeded he raised his right hand and

looked at it as though surprised that it was not blood red. But now

with his own witnesses he was serene, entirely calm, refreshingly

civil.

That civility awoke in Peacock the hyena. The first witness Orr

produced, a man who, as it afterward appeared, had had a rough and

tumble with Harris that morning in the corridor, he partly devoured.

What was left of him he sent to the Tombs. As fast as witnesses could

be produced he ate them up. It was terrific. You could not help

feeling that there are safer places than the witness stand in a murder

trial, that you ran the risk of being killed yourself, talked to death

if nothing worse.

"Don't go at him like a common scold," Orr engagingly pleaded at one

stage of the game. "Why browbeat and bully a witness as you do?" he

expostulated at another. "That's all, my friend," he said to one

witness, "and let me apologize for the District Attorney's remarks."

From his tone and manner never in the world would you have thought him

the man who, but a little before, had so thoroughly sandbagged Harris.

Meanwhile questions coarse as oaths, answers frank as sword thrusts,

clashed and resounded. One and all Orr's charges were substantiated.

The testimony was damning to Harris, infecting everything he had said.

From behind the rail Peacock volleyed and thundered. But truth when

you get at it is a stubborn thing. So far as Harris was concerned

there it stood and there too, during the production of it, Orr stood,

quite like an Angora lapping milk. You could hear him purr. The eyes

of Sylvia glistened like mica. Now and again Annandale laughed

outright.

It is always insufficient to be innocent of a given charge. You must

appear so. Annandale did not. Alternately he was bored and buoyant.

But not dejected, never depressed. He did not seem to feel that his

life was at stake. That is the attitude of the habitual ruffian. But

sentiment was veering. Public opinion is a wave that thinks, thinks

again, changes its mind, volatile as a woman. At the opening everybody

knew that Annandale was guilty. Now nobody was quite so sure.

The Recorder caressed his beard. "I think," he announced, "that I will

give the jury a recess."

The Perfume of Eros: A Fifth Avenue Incident · 第 8 / 10 章