CHAPTER XVI

"SHE COMETH NOT," HE SAID

Joe, his face as white as some plant that has sprung in a dungeon, bent

his head toward his mother, and placed his free hand on hers where it

lay on the arm of her chair.

"It will soon be over with now, Mother," he encouraged, with the hope in

his heart that it would, indeed, be so.

With an underling in his place at the door, Captain Taylor advanced to

take charge of the marshaling of the jury panel. There ensued a great

bustling and tramping as the clerk called off the names of those drawn.

While this was proceeding, Joe cast his eyes about the room, animated by

a double hope: that Alice would be there to hear him tell his story;

that Morgan had come and was in waiting to supply the facts which honor

sealed upon his own tongue. He could see only the first few rows of

benches with the certainty of individual identification; they were

filled with strangers. Beyond them it was conglomerate, that fused and

merged thing which seemed a thousand faces, yet one; that blended and

commingled mass which we call the public. Out of the mass Joe Newbolt

could not sift the lean, shrewd face of Curtis Morgan, nor glean from it

the brown hair of Alice Price.

The discovery that Alice was not there smote him with a feeling of

sudden hopelessness and abandonment; the reproaches which he had kindled

against himself in his solitary days in jail rose up in redoubled

torture. He blamed the rashness of an unreasoning moment in which he had

forgotten time and circumstance. Her interest was gone from him now,

where, if he had waited for vindication, he might have won her heart.

But it was a dream, at the best, he confessed, turning away from his

hungry search of the crowd, his head drooping forward in dejection. What

did it matter for the world's final exculpation, if Alice were not there

to hear?

His mother nodded to somebody, and touched his hand. Ollie it was, whom

she greeted. She was seated near at hand, beside a fat woman with a red

and greasy face, whose air of protection and large interest proclaimed

her a relative. Joe thought that she filled pretty well the bill that

Ollie had made out of her mother, on that day when she had scorned her

for having urged her into marriage with Isom.

Ollie was very white in her black mourning dress, and thinner of

features than when he had seen her last. She smiled, and nodded to him,

with an air of timid questioning, as if doubtful whether he had expected

it, and uncertain how it would be received. Joe bowed his head,

respectfully.

What a wayside flower she seemed, thought he; how common beside Alice!

Yet, she had been bright and refreshing in the dusty way where he had

found her. He wondered why she was not within the rail also, near

Hammer, if she was for him; or near the prosecutor, if she was on the

other side.

He was not alone in this speculation. Many others wondered over that

point also. It was the public expectation that she naturally would

assist the state in the punishment of her husband's slayer; but Sam

Lucas was not paying the slightest attention to her, and it was not

known whether he even had summoned her as a witness.

And now Captain Taylor began to create a fresh commotion by clearing the

spectators from the first row of benches to make seats for the jury

panel. Judge Maxwell was waiting the restoration of order, leaning back

in his chair. Joe scanned his face.

Judge Maxwell was tall and large of frame, from which the study and

abstemiousness of his life had worn all superfluous flesh. His face,

cleanly shaved, was expressive of the scholarly attainments which made

his decisions a national standard. The judge's eyes were bushed over

with great, gray brows, the one forbidding cast in his countenance; they

looked out upon those who came for judgment before him through a pair of

spring-clamp spectacles which seemed to ride precariously upon his

large, bony nose. The glasses were tied to a slender black braid, which

he wore looped about his neck.

His hair was long, iron-gray, and thick; he wore it brushed straight

back from his brow, without a parting or a break. It lay in place so

smoothly and persistently through all the labor of his long days, that

strangers were sometimes misled into the belief that it was not his own.

This peculiar fashion of dressing his hair, taken with the length and

leanness of his jaw, gave the judge a cast of aquiline severeness which

his gray eyes belied when they beamed over the tops of his glasses at

floundering young counsel or timid witness.

Yet they could shoot darts of fire, as many a rash lawyer who had fallen

under their censure could bear witness. At such moments the judge had a

peculiar habit of drawing up his long back and seemingly to distend

himself with all the dignity which his cumulative years and honors had

endured, and of bowing his neck to make the focus of his eyes more

direct as he peered above his rimless glasses. He did not find it

necessary to reprimand an attorney often, never more than once, but

these occasions never were forgotten. In his twenty-five years' service

on the bench, he never had been reversed.

Joe felt a revival of hope again under the influence of these

preparations for the trial. Perhaps Alice was there, somewhere among the

people back in the room, he thought. And the colonel, also, and maybe

Morgan. Who could tell? There was no use in abandoning hope when he was

just where he could see a little daylight.

Joe sat up again, and lifted his head with new confidence. His mother

sat beside him, watching everything with a sharpness which seemed

especially bent on seeing that Joe was given all his rights, and that

nothing was omitted nor slighted that might count in his favor.

She watched Hammer, and Captain Taylor; she measured Sam Lucas, the

prosecutor, and she weighed the judge. When Hammer did something that

pleased her, she nodded; when the prosecutor interposed, or seemed to be

blocking the progress of the case, she shook her head in severe

censure.

And now Joe came in for his first taste of the musty and ancient savor

of the law. He had hoped that morning to walk away free at evening, or

at least to have met the worst that was to come, chancing it that Morgan

failed to appear and give him a hand. But he saw the hours waste away

with the most exasperating fiddling, fussing and scratching over

unprofitable straw.

What Hammer desired in a juryman, the prosecuting attorney was hotly

against, and what pleased the state's attorney seemed to give Hammer a

spasmodic chill. Instead of selecting twelve intelligent men, the most

intelligent of the sixty empaneled, both Hammer and the prosecutor

seemed determined to choose the most dense.

That day's sweating labor resulted in the selection of four jurymen.

Hammer seemed cheered. He said he had expected to exhaust the panel and

get no more than two, at the best. Now it seemed as if they might secure

the full complement without drawing another panel, and that would save

them at least four days. That must have been an exceedingly lucky haul

of empty heads, indeed.

Joe could not see any reason for elation. The prospect of freedom--or

the worst--had withdrawn so far that there was not even a pin-point of

daylight in the gloom. Alice had not shown her face. If she had come at

all, she had withheld herself from his hungry eyes. His heart was as

bleak that night as the mind of the densest juryman agreed upon between

Hammer and the attorney for the state.

Next day, to the surprise of everybody, the jury was completed. And then

there followed, on the succeeding morning, a recital by the prosecuting

attorney of what he proposed and expected to prove in substantiation of

the charge that Joe Newbolt had shot and killed Isom Chase; and Hammer's

no shorter statement of what he was prepared to show to the contrary.

Owing to the unprecedented interest, and the large number of people who

had driven in from the country, Judge Maxwell unbent from his hard

conditions on that day. He instructed Captain Taylor to admit spectators

to standing-room along the walls, but to keep the aisles between the

benches clear.

This concession provided for at least a hundred more onlookers and

listeners, who stood forgetful of any ache in their shanks throughout

the long and dragging proceedings well satisfied, believing that the

coming sensations would repay them for any pangs of inconvenience they

might suffer.

It was on the afternoon of the third day of the trial that Sol Greening,

first witness for the state, was called.

Sol retailed again, in his gossipy way, and with immense enjoyment of

his importance, the story of the tragedy as he had related it at the

inquest. Sam Lucas gave him all the rope he wanted, even led him into

greater excursions than Sol had planned. Round-about excursions, to be

sure, and inconsequential in effect, but they all led back to the tragic

picture of Joe Newbolt standing beside the dead body of Isom Chase, his

hat in his hand, as if he had been interrupted on the point of escape.

Sol seemed a wonderfully acute man for the recollection of details, but

there was one thing that had escaped his memory. He said he did not

remember whether, when he knocked on the kitchen door, anybody told him

to come in or not. He was of the opinion, to the best of his knowledge

and belief--the words being supplied by the prosecutor--that he just

knocked, and stood there blowing a second or two, like a horse that had

been put to a hard run, and then went in without being bidden. Sol

believed that was the way of it; he had no recollection of anybody

telling him to come in.

When it came Hammer's turn to question the witness, he rose with an air

of patronizing assurance. He called Sol by his first name, in easy

familiarity, although he never had spoken to him before that day. He

proceeded as if he intended to establish himself in the man's confidence

by gentle handling, and in that manner cause him to confound, refute and

entangle himself by admissions made in gratitude.

But Sol was a suspicious customer. He hesitated and he hummed, backed

and sidled, and didn't know anything more than he had related. The bag

of money which had been found with Isom's body had been introduced by

the state for identification by Sol. Hammer took up the matter with a

sudden turn toward sharpness and belligerency.

"You say that this is the same sack of money that was there on the floor

with Isom Chase's body when you entered the room?" he asked.

"That's it," nodded Sol.

"Tell this jury how you know it's the same one!" ordered Hammer, in

stern voice.

"Well, I seen it," said Sol.

"Oh, yes, you saw it. Well, did you go over to it and make a mark on it

so you'd know it again?"

"No, I never done that," admitted Sol.

"Don't you know the banks are full of little sacks of money like that?"

Hammer wanted to know.

"I reckon maybe they air," Sol replied.

"And this one might be any one of a thousand like it, mightn't it,

Sol?"

"Well, I don't reckon it could. That's the one Isom had."

"Did you step over where the dead body was at and heft it?"

"'Course I never," said Sol.

"Did you open it and count the money in it, or tie a string or something

onto it so you'd know it when you saw it again?"

"No, I never," said Sol sulkily.

"Then how do you know this is it?"

"I tell you I seen it," persisted Sol.

"Oh, you seen it!" repeated Hammer, sweeping the jury a cunning look as

if to apprise them that he had found out just what he wanted to know,

and that upon that simple admission he was about to turn the villainy of

Sol Greening inside out for them to see with their own intelligent

eyes.

"Yes, I said I seen it," maintained Sol, bristling up a little.

"Yes, I heard you say it, and now I want you to tell this jury how you

_know_!"

Hammer threw the last word into Sol's face with a slam that made him

jump. Sol turned red under the whiskers, around the whiskers, and all

over the uncovered part of him. He shifted in his chair; he swallowed.

"Well, I don't just know," said he.

"No, you don't--just--know!" sneered Hammer, glowing in oily triumph. He

looked at the jury confidentially, as on the footing of a shrewd man

with his equally shrewd audience.

Then he took up the old rifle, and Isom's bloody coat and shirt, which

were also there as exhibits, and dressed Sol down on all of them,

working hard to create the impression in the minds of the jurors that

Sol Greening was a born liar, and not to be depended on in the most

trivial particular.

Hammer worked himself up into a sweat and emitted a great deal of

perfume of barberish--and barbarous--character, and glanced around the

court-room with triumph in his eyes and satisfaction at the corners of

his mouth.

He came now to the uncertainty of Sol's memory on the matter of being

bidden to enter the kitchen when he knocked. Sol had now passed from

doubt to certainty. Come to think it over, said he, nobody had said a

word when he knocked at that door. He remembered now that it was as

still inside the house as if everybody was away.

Mrs. Greening was standing against the wall, having that moment returned

to the room from ministering to her daughter's baby. She held the infant

in her arms, waiting Sol's descent from the witness-chair so she might

settle down in her place without disturbing the proceedings. When she

heard her husband make this positive declaration, her mouth fell open

and her eyes widened in surprise.

"Why Sol," she spoke up reprovingly, "you told me Joe----"

It had taken the prosecuting attorney that long to glance around and

spring to his feet. There his voice, in a loud appeal to the court for

the protection of his sacred rights, drowned that of mild Mrs. Greening.

The judge rapped, the sheriff rapped; Captain Taylor, from his post at

the door, echoed the authoritative sound.

Hammer abruptly ceased his questioning of Sol, after the judge had

spoken a few crisp words of admonishment, not directed in particular at

Mrs. Greening, but more to the public at large, regarding the decorum of

the court. Sam Lucas thereupon took Sol in hand again, and drew him on

to replace his former doubtful statement by his later conclusion. As Sol

left the witness-chair Hammer smiled. He handed Mrs. Greening's name to

the clerk, and requested a subpoena for her as a witness for the

defense.

Sol's son Dan was the next witness, and Hammer put him through a similar

course of sprouts. Judge Maxwell allowed Hammer to disport uncurbed

until it became evident that, if given his way, the barber-lawyer would

drag the trial out until Joe was well along in middle life. He then

admonished Hammer that there were bounds fixed for human existence, and

that the case must get on.

Hammer was a bit uppish and resentful. He stood on his rights; he

invoked the sacred constitution; he referred to the revised statutes; he

put his hand into his coat and spread his legs to make a memorable

protest.

Judge Maxwell took him in hand very kindly and led safely past the point

of explosion with a smile of indulgence. With that done, the state came

to Constable Bill Frost and his branching mustaches, which he had

trimmed up and soaped back quite handsomely.

To his own credit and the surprise of the lawyers who were watching the

case, Hammer made a great deal of the point of Joe having gone to Frost,

voluntarily and alone, to summon him to the scene of the tragedy. Frost

admitted that he had believed Joe's story until Sol Greening had pointed

out to him the suspicious circumstances.

"So you have to have somebody else to do your thinkin' for you, do you?"

said Hammer. "Well, you're a fine officer of the law and a credit to

this state!"

"I object!" said the prosecuting attorney, standing up in his place,

very red around the eyes.

The judge smiled, and the court-room tittered. The sheriff looked back

over his shoulder and rapped the table for order.

"Comment is unnecessary, Mr. Hammer," said the judge. "Proceed with the

case."

And so that weary day passed in trivial questioning on both sides,

trivial bickerings, and waste of time, to the great edifications of

everybody but Joe and his mother, and probably the judge. Ten of the

state's forty witnesses were disposed of, and Hammer was as moist as a

jug of cold water in a shock of wheat.

When the sheriff started to take Joe back to jail, the lad stood for a

moment searching the breaking-up and moving assembly with longing eyes.

All day he had sat with his back to the people, not having the heart to

look around with that shameful handcuff and chain binding his arm to the

chair. If Alice had been there, or Colonel Price, neither had come

forward to wish him well.

There were Ollie and her mother, standing as they had risen from their

bench, waiting for the crowd ahead of them to set in motion toward the

door, and here and there a face from his own neighborhood. But Alice was

not among them. She had withdrawn her friendship from him in his darkest

hour.

Neither had Morgan appeared to put his shoulder under the hard-pressing

load and relieve him of its weight. Day by day it was growing heavier;

but a little while remained until it must crush out his hope forever.

Certainly, there was a way out without Morgan; there was a way open to

him leading back into the freedom of the world, where he might walk

again with the sunlight on his face. A word would make it clear.

But the sun would never strike again into his heart if he should go back

to it under that coward's reprieve, and Alice--Alice would scorn his

memory.

The Bondboy · 第 16 / 23 章