CHAPTER VIII.

POOR Bob Henry, shut up in the county jail, had indeed said aright when

he wrote Pembroke that both blacks and whites were “agin him.” Pembroke

could scarcely find one of the negro race to testify to Bob Henry’s

previous good character--and as he sifted his own evidence and surmised

the State’s, he saw that but for the witness Cave had ferreted out,

things would indeed have looked black for Bob Henry. At that time the

apprehension as to the way the negroes in their freedom would behave

toward the whites was as yet sinister, and the Hibbses, whose relative

the dead man was, worked up the feeling against his supposed murderer

with considerable astuteness. They were among the largest subscribers

to Mr. Cole’s salary, and as such they gave their views freely to Mr.

Cole upon the impropriety of his going to see Bob Henry in jail, and

exerting himself to stem the tide against him among the black people.

Mr. Cole’s fair little face flushed up at this criticism delivered from

old Mr. Hibbs in a loud and dictatorial voice on the court house green

before a crowd of persons.

“Mr. Hibbs--I--I--am a minister of the gospel, sir, and my duty is to

condole with the afflicted, sir,--and--however sir,--whatever may be

your opinion of that poor wretch in the jail yonder, and however it

may conduce to--to--unpopularity, I shall continue to visit him. I have

sympathy with the erring,” he said, remembering that terrible evening

at The Beeches.

A heavy hand descended upon Mr. Cole’s shoulder, and Colonel Berkeley’s

handsome face shone at him.

“Right you are, Cole. You’re a little prig sometimes, but you are

something of a man, sir--something of a man!”

Mr. Cole blushed with pleasure at this dubious compliment.

Olivia Berkeley’s heart was touched with pity for the unfortunate

negro. His ailing wife came every day to tell the same rambling and

piteous story. Besides, Cave had been at work with her--and he had

great power with young imaginations. Pembroke felt a certain anxiety

about the case. It was one of those which gave room for the sympathetic

oratory which in the country districts in the South yet obtains. He

felt at first that if he could make the jury weep, his success as a

lawyer would be assured and immediate. But if he failed it would mean

long years of toil at his profession to gain that which by a happy

inspiration he could win at a single _coup_. He worked hard, and

prepared himself--not solely for oratory, because the Hibbses had not

only engaged a formidable array of local talent, but had got one, if

not two great men from afar, and the attorney-general himself, to help

the state. Pembroke went to Cave despondent and nervous about this.

“It is the best thing in the world for you,” answered Cave. “Don’t

you see, the prosecution has taken the form of a persecution? And the

bringing in of outside talent is the greatest luck I ever heard of. The

jury, if I know anything of human nature, will not try the prisoner

according to the law and the evidence. They will try you and the

lawyers from elsewhere--with a strong predisposition in favor of their

own county man. It will go hard with them if they can’t find some way

to discount the outsiders. Of course, I don’t say that this feeling

will be immediately developed, but it will come out just as certainly

as arithmetical progression.”

“I hope so,” Pembroke answered devoutly.

The day of the trial came--a sunshiny one in midwinter. Every man in

the county turned out. Nothing delights a rural Virginian so much as

a forensic argument. He will ride twenty miles to hear it, and sit it

out, in cold, or heat, or wet, or misery, or anything. Then, besides

the interest naturally attaching to the case, was the curiosity to see

and hear Pembroke. He had not added to his popularity by his absence

after the war--and Madame Koller had been a millstone around his neck

latterly. His father and his grandfather and his great-grandfather

had been great lawyers before him--indeed there was no tradition or

history which went back to the time when there had not been a Pembroke

practicing successfully at the bar in the county. So while there was a

current of disapproval against him, there was a strong undercurrent of

local sympathy in his favor also.

Pembroke appeared early on the ground that morning, with Miles. It

was his first opportunity except at the Campdown races to meet the

county people of all classes generally. He went about among them cool,

affable, and smiling.

“Oyez, oyez, oyez!” the sheriff’s loud voice rang out from the court

house steps--and the crowd poured into the old brick building, and

Pembroke, slipping in by another way entered upon the strain which

lasted for five days and nights.

Great as the crowd was at first, it increased every day. Within two

hours of the swearing in of the jury, just what Cave had predicted

came to pass. The prosecution saw that the jury was on the side of a

Pembroke--the Pembrokes had always been prime favorites with juries

in that county, and the present one was no exception. Naturally, this

nettled the attorney-general and the other great men who appeared for

the State. It was certainly an exasperating thing to come so far to

find twelve men obstinately bent on seeing things from the point of

view of a handsome, plausible young advocate. The court, however, was

all that could be desired. The attorney-general expressed his belief to

his colleagues that if French Pembroke relied upon an eloquent speech,

and the precedent of a Pembroke always carrying the winning colors in

a jury trial, he would be mistaken--because Judge Randolph, silent

and grim, looked keenly after the law. It was, as Pembroke knew, no

easy undertaking to face the array of lawyers before him. Like them,

he was shrewd enough to see that it would be a poor triumph to obtain

a verdict that would not stand. Bob Henry became to him merely an

incident. He looked day after day, during the trial, at the negro’s

ashy, scared face in the prisoner’s dock, and sometimes felt a kind of

wonder that a creature so ignorant and so inconsequential could be of

such tremendous importance to any human being. For Bob Henry took up

Pembroke’s mind, his soul, his nights, his days. He worked all day for

him, the tension never weakening from the time he entered the court

room in the morning, until by the light of sputtering candles he saw

Bob Henry walked off in the sheriff’s custody at night. Then Pembroke

would go to his little office, and lighting his lamp, begin work on his

books and his notes. Even Cave and Miles were unwelcome then. He was

engaged in a fierce intellectual struggle that he must fight out for

himself. He had meant in the beginning to keep himself in condition,

but he found out that it was one of the times when the soul triumphs

over the body. He would throw himself on the lounge in his office

toward daylight and snatch three or four hours of heavy and dreamless

sleep, and then wake up with his faculties as keen and tireless as if

he had slept for a week. He did not grow haggard and wild-eyed as men

sometimes do under these excitements. He was pale, but singularly

self-possessed and alert, and looked invariably trim and composed. He

forgot everything in those days but the negro he was trying to save

from the gallows. The lawyers who opposed him pounded him unmercifully.

They too, caught the infection of enthusiasm. It would be scandalous

to be beaten by an untried hand in such a case as that, with such

admirable fighting ground as they had.

One afternoon, when the court adjourned early on account of a slight

illness of one of the jurors, Pembroke mounted his horse and rode off

far into the woodlands. When he was out of sight of the village he put

spurs to his horse and dashed along the country road. It did him good.

He felt already as if he had gained strength enough to last him even at

the rate he was using it up if the trial should last two weeks more.

Presently he brought his horse down to a walk, and enjoyed the strange

restfulness and strength he felt possessing him. Suddenly he came face

to face with Olivia Berkeley, riding quietly along the same road.

It would be no exaggeration to say he had forgotten her existence. He

had not thought once of her or of Madame Koller, or Ahlberg, anybody

but Bob Henry. It had not been ten days since he had seen her, but

he felt as if it had been ten years. She looked very pretty and

Amazon-like on her light-built black, in her close habit.

“Papa tells me great things of you,” she said, after the first

greeting. “He is up, storming and swearing for breakfast by sunrise, so

as to be at the court-house by nine o’clock. I never expected to see

him so happy again in dear old Virginia. It is some excitement for him.

As for Jane, she is beginning to think Bob Henry a martyr and a hero

combined.”

Pembroke smiled. It was not the first praise that had reached his ears,

but the first that he had heeded. He had quite lost sight in the last

few extraordinary days of any outside view of what he was doing--but

praise from a pretty woman--especially praise so obviously sincere, is

dear to man’s heart.

“I am sorry the Colonel should be so uproarious in consequence of the

trial.”

“He is, I assure you. But I--I--too, feel very great interest in your

success. How much more noble this is than dawdling on the continent!

You will not get any money by it, but think--the whole county will

admire and applaud you--and think of those two poor black creatures.”

“You are crediting me with more than I deserve,” he said, finding it

difficult to explain that what he was doing had long passed out of

the region of a desire for applause, and indeed, of the feeling of

compassion which had once inspired him. Now it was the overpowering

intellectual and natural bent that was having its own way. Pembroke had

been born a lawyer, although he did not suspect it.

In taking his thoughts back to that remote period before the trial

begun, Olivia had brought Madame Koller to mind.

“Have you seen Elise--Madame Koller--lately?” The first name slipped

out involuntarily. He rarely called Madame Koller by it at any

time--but now, by one of those tricks which memory serves all people,

her name came to his lips not only without his will, but against it.

His face turned a deep red, and he bit his lip in anger and vexation.

Olivia straightened herself up on her horse and smiled at him that

peculiar indulgent smile, and addressed him in those gentle tones that

betokened the freezing up of her sympathies and the coming to life

of her contempt. He knew only too well the meaning of that appalling

sweetness. “No, I have not. But to-morrow I will probably see her.

Shall I remember you to her?”

“If you please,” replied Pembroke, wishing Madame Koller at the devil,

as he often did. Often--but not always.

Then they drifted into commonplace, and presently they parted, Pembroke

galloping back to the village, despising himself almost as much as the

day he had allowed his anger to lead him into the quarrel with Ahlberg.

But when he reached his dingy little office, Olivia Berkeley, Madame

Koller, Ahlberg, all faded rapidly out of his mind. That great game

of skill in which he was engaged, the stake being a human life, again

absorbed him. And then the critical time came, when, after having

tried to prove that the negro’s blow had not killed Hackett, he had

to bring out his theory that a dead and missing man was the murderer.

Hackett’s boon companions, who formed a community of lawless loafers,

had been unaccountably shy about attending the trial. Like the rest

of their class, they regarded a sensational murder trial as the most

fascinating occasion in life. They were great frequenters of the court

house, particularly of its low drinking places during “court week,”

but not one of them showed up in the first days of the trial. Cave

brought this significant news to Pembroke, who knew few persons in

the miscellaneous crowd that he saw every day. It made his heart beat

hard and fast with the hope of a coming success. The Hibbses and their

retainers, and a certain set of people who overcame their dislike to

the Hibbs family out of exaggerated sympathy for a Northern man with

Southern sympathies, for which Hackett had posed, formed a kind of camp

to themselves in the court room.

The lawyers for the State found out that Pembroke knew all the weak

spots in their theory that Bob Henry’s blow killed Hackett, but there

was no suspicion of any evidence forthcoming to support Pembroke’s

theory that another hand struck the blow. Hackett’s association with

the deserters had evidently been carefully concealed by him, as it

would have ostracized him utterly.

Therefore, when Pembroke, putting off until the last possible moment,

summoned John Jones and George Robinson and about a dozen others of

the “deserters’ gang,” as it was called, his opponents were taken

by surprise. One day only was taken up with their evidence. Each

witness, debarred by Judge Randolph’s orders from communicating with

the other, told a rambling, lying, frightened story, out of which

Pembroke gleaned the midnight carousal, a quarrel, a blow--all of them

running away, and leaving Hackett to his fate. In one point, however,

they all agreed--that the man, William Marsh, who was fearfully cut by

Hackett’s knife, and who disappeared to die, was the one who struck

the fatal blow that knocked Hackett senseless, and from which he never

rallied. All were eager to lay it on the dead man, and so to shift

the suspicion from themselves. The State, of course, impugned the

character of the witnesses, but that was a work of supererogation.

They had no characters to impugn. Yet, both judge and jury saw, that

without the slightest objection to perjuring themselves on the part of

this precious gang, they were involuntarily proving that Marsh, not

Bob Henry, was the murderer. Then Cave’s protégé, a small, ragged,

undersized boy of fifteen, was introduced. He was diffident, and shy,

and trembling in every limb, but his testimony was perfectly plain and

straightforward, so much so that an eminent gentleman on the side of

the prosecution, roared out to him, “Now, young man, tell us if this

remarkably straight story of yours didn’t have help from somewhere.

Have you talked with anybody about this evidence?”

“Y--y--yes, sir,” stammered the boy, frightened half out of his life.

“Who was it?” thundered the lawyer.

“Mr.--Mr.--Cave.”

“Aha, I thought so. Now, sir, tell us what Mr. Cave said to you--and be

careful--very careful.”

The boy looked perfectly helpless and hopeless for a moment. Pembroke

almost felt himself tremble.

“He said--he said, sir, some of the lawyers would holler at me, and

maybe confuse me--but if I jes’ stuck to the truth, and didn’t tell

nothin’ but what I seen with my own eyes, I’d come out all right!”

Shouts of applause greeted this, which the sheriff vainly tried to

quell. The great man remarked to his personal staff, _sotto voce_,

“It’s all up. Pembroke’s case is too strong for us.”

It was late in the afternoon of the fifth day when Pembroke’s closing

argument was over, and the jury had been instructed and had retired.

The Judge’s instructions rather damped Pembroke’s hopes. The testimony

of the deserters, while actually of great effect, was legally not worth

much--their motive in shoveling the blame on Marsh was too obvious. And

Cave’s protégé, although his testimony was remarkably straightforward,

was little better than a vagabond boy. Pembroke was not so sanguine of

his own success as his opponents were.

The court house was dimly lighted by a few sputtering candles and an

ill-burning lamp. The Judge sat up straight and stern, fatigued with

the long trial, but willing to wait until six o’clock, the usual hour

of adjournment, for the jury. The shabby court-room was filled with

men, eager, talkative, but almost breathless with excitement--for by

some occult means, they divined that the jury wouldn’t be long making

up its verdict.

The negro sat in the dock, more ghastly, more ashy than ever. Pembroke

rose to go to his office. He felt his iron nerve beginning to give way,

but a voice--piteous and pleading--reached him.

“Fur God’s sake, Marse French, doan’ go ’way. I want you fur ter stay

by me.”

Pembroke sat down again, this time a little nearer the poor prisoner,

whose eyes followed him like a dog’s.

A hush settled down upon the audience. There was no pretense of

attending to any other business. The opposing lawyers rested wearily in

uncomfortable postures about the court-room. They talked in whispers

among themselves. Pembroke knew by instinct what they were saying. It

was that the jury was hopelessly gone, but that there remained hope yet

in the stern and silent Judge, whose instructions had been brief and

in no way indicative of which way his judgment inclined. It was not

the result of this trial which concerned them, it was the prospect of

another.

Among practiced lawyers, nothing is easier to tell than the views of a

judge on a criminal case--after the decision has been rendered. About

an hour of the suspense had been endured when a message came that the

jury had agreed upon a verdict. The expectant crowd suddenly became

hushed and motionless. Not as wise as the lawyers, there was utter

uncertainty among them as to--not only whether the prisoner was guilty

or not, but whether Pembroke alone and single-handed, had vanquished

the veterans before him.

The jury filed in and took their places, and the formalities were gone

through, when the foreman said in a loud voice, “Not guilty.” A wild

and tumultuous cheering broke forth. Like the poor prisoner, Pembroke

felt dazed. The end was not yet by any means. The opposing lawyers were

on their feet in a moment--the sheriff shouted for order--and in the

midst of this, a sudden silence came and Pembroke found himself--he

hardly knew how--on the platform shaking hands with Judge Randolph.

“I congratulate you, sir,” he heard the Judge’s voice saying afar off.

“You have maintained the reputation of your distinguished father for

the tact and judgment with which you have defended your client. You

have a great career before you. It is most encouraging to see such an

example among the younger members of the bar.”

Then there was a wild commotion. Pembroke felt himself choking,

trembling, utterly unable to reply. The pause to hear what he would say

became painfully prolonged. He began “Your Honor”--and after repeating

it twice, became utterly dumb.

“You may retire, Mr. Pembroke,” said Judge Randolph, with a smile,

“your modesty is equal to your abilities.”

At this Pembroke felt himself seized by the legs. The crowd carried

him out into the night air where another crowd yelled and shouted, he

struggling and breathless, and presenting a more undignified appearance

than he had ever imagined himself capable of looking. The next thing he

found himself on the court-house steps. While in the din and confusion,

he recognized occasionally faces by the light of the swinging lantern

in the porch of the building. In a moment the attorney-general of the

State appeared by his side--a handsome florid man of sixty. He waved

imperiously for silence, and the crowd obeyed.

“My friends,” he said, in a strong, musical voice, “our young friend

here has made a magnificent fight.” (Yells and cheers.) “He has done

more than make an eloquent speech. He has mastered the law in the

case.” (More yells and shouts.) “It was the intention of my colleagues

and myself to move for a new trial. We have abandoned that intention.”

(Yells and shouts wilder and wilder.) “We might possibly get a new

trial on technicalities. It would cost the county much, and it would

not subserve the cause of justice--for I cheerfully acknowledge to you

here, that our young friend has proved conclusively that whoever caused

the death of the dead man, the prisoner did not. Now will you not unite

with me in giving him three cheers and a tiger!”

The uproar was terrific. Pembroke could say nothing, could do nothing,

but bow. Suddenly an inspiration came to him. He turned to the

attorney-general who stood behind him and shook hands with him warmly.

The other lawyers crowded around him and shook hands. Somebody made

way through the crowd for Bob Henry. The negro on seeing Pembroke

broke into loud sobbing, and seizing him in both arms called down

blessings on him. Then Colonel Berkeley shouldered his way up to him

with Miles. At every minute the enthusiasm of the crowd increased.

Pembroke was growing deadly pale. The excitement, the sleeplessness,

of the last week was telling on him at last. Colonel Berkeley, after a

sharp glance at him, took him by the arm, and by dint of hauling and

pulling succeeded in wedging his way with Pembroke through the crowd,

which in the hullaballoo and semi-darkness, did not know that the

hero of the hour was gone, and yelled fiercely, “Speech! Speech!” The

attorney-general gratified them.

Colonel Berkeley hustled Pembroke down, back through the court-room,

out of a side door, and through byways to where the Isleham carriage

stood, and clapped him in it, jumping in after him.

“Cave will look after Miles,” he said, and shouted to Petrarch, who was

on the box, “Home.” The coachman laid the whip on his horses and they

made the five miles to Isleham in half an hour.

When they reached the house, everything was too recent with

Pembroke--his final speech, the excitement, the relief, the

collapse--for him to have recovered himself. Olivia met them in the

hall. Her father, who relished a new sensation as only a man who loves

sensations can, was joyous.

“Congratulate him, my love,” he called out in his merry, jovial voice.

“He is a true son of old French Pembroke. Great Cæsar! Haven’t I seen

your father carry everything before him just like this! Would that he

were alive this night! My darling, you should have heard his speech--a

regular Burr and Blennerhassett speech, Olivia--and the effect--by

Jove, my dear, I can’t describe it--and the Judge called him up on the

bench to congratulate him--and--and--”

The Colonel surged on, telling everything at once. Olivia listened with

shining eyes. She had held out her hand to Pembroke in the beginning,

and as her father talked she continued to hold the hand in her little

strong clasp. For the first time Pembroke was burnt by the fire in

her eyes. What a woman for a man full of ambition to have! He had

seen Elise Koller wildly enthusiastic about herself--but Olivia had

forgotten all about herself. She was coloring, smiling, and sympathetic

about him.

“How glad I am--how splendid of you--for that poor negro, too. God will

reward you,” she said.

“Now, my boy,” cried the Colonel, “What do you want? Your dinner or

your bed?”

“My bed,” answered Pembroke, smiling, but ready to drop. “I want

nothing but sleep, and I want to sleep a week. Thank you, Olivia.”

He had never called her by her name since they were boy and girl

together. The Colonel in his excitement did not notice it, but Olivia

turned a beautiful rosy red. The Colonel dragged Pembroke off to his

room. Petrarch put him to bed. Before he slept though, his thoughts

returned to Olivia’s soft eyes--while Colonel Berkeley, walking the

drawing-room floor downstairs, retailed in flamboyant language, to

Olivia, the triumphs of the day.

The Berkeleys and their neighbors · 第 8 / 19 章