II

There are contrasts in life, sudden transitions from light to dark,

startling as those one experiences in dropping from out the light of a

spring morning redolent with perfume into the gloom of a coal mine

choked with noxious vapors--out of a morning, if you will, all joy and

gladness and the music of many birds; a morning when the wide, white

sky is filled with cloud ships drifting lazily; when the trees wave in

the freshening wind, and the lark hanging in mid-air pours out its

soul for very joy of living!

And the horror of that other! The never-ending night and silence; the

foul air reeking with close, stifling odors; the narrow walls where

men move as ghosts with heads alight, their bodies lost in the

shadows; the ominous sounds of falling rock thundering through the

blackness; and again, when all is still, the slow drop, drop of the

ooze, like the tick of a deathwatch. It is a prison and a tomb, and to

those who breathe the sweet air of heaven, and who love the sunshine,

the very house of despair.

I myself experienced one of these contrasts when I exchanged all the

love and gladness, all the wit and laughter and charm of the

breakfast, for the court-room.

It was on the ground floor, level with the grass of the courtyard,

which a sudden storm had just drenched. The approach was through a

cold, crypt-like passage running under heavy brick arches. At its end

hung a door blocked up with slouching ragged figures, craning their

woolly heads for a glimpse inside whenever some official or visitor

passed in or out.

I elbowed my way past the constables holding long staffs, and,

standing on my toes, looked over a sea of heads--a compact mass wedged

together as far down as the rail outside the bench. The air was

sickening, loathsome, almost unbreathable. The only light, except the

dull gray light of the day, came from a single gas jet flaring over

the Judge's head. Every other part of the court-room was lost in the

shadow of the passing storm.

Inside the space where the lawyers sat, the floor was littered with

torn papers, and the tables were heaped with bundles of briefs and law

books in disorder, many of them opened face down.

Behind me rose the gallery reserved for negroes, a loft having no

window nor light, hanging like a huge black shadow without form or

outline. All over this huge black shadow were spattered specks of

white. As I looked again, I could see that these were the strained

eyeballs and set teeth of motionless negroes.

The Judge, his hands loosely clasped together, sat leaning forward in

his seat, his eyes fastened on the prisoner. The flare of the gas jet

fell on his stern, immobile face, and cast clear-lined shadows that

cut his profile sharp as a cameo.

The negro stood below him, his head on his chest, his arms hanging

straight. On either side, close within reach of the doomed man, were

the sheriffs--rough-looking men, with silver shields on their breasts.

They looked straight at the Judge, nodding mechanically as each word

fell from his lips. They knew the litany.

The condemned man was evidently under thirty years of age, of almost

pure African blood, well built, and strong. The forehead was low, the

lips heavy, the jaw firm. The brown-black face showed no cruelty; the

eyes were not cunning. It was only a dull, inert face, like those of a

dozen others about him.

As he turned again, I saw that his hair was cut short, revealing

lighter-colored scars on the scalp--records of a not too peaceful

life, perhaps. His dress was ragged and dingy, patched trousers, and

shabby shoes, and a worn flannel shirt open at the throat, the skin

darker than the flannel. On a chair beside him lay a crumpled slouch

hat, grimed with dirt, the crown frayed and torn.

As I pressed my way farther into the throng toward the bench, the

voice of the Judge rose, filling every part of the room, the words

falling slowly, as earth drops upon a coffin:--

--"until you be dead, and may God have mercy on your soul!"

I looked searchingly into the speaker's face. There was not an

expression that I could recall, nor a tone in his voice that I

remembered. Surely this could not be the same man I had met at the

table but an hour before, with that musical laugh and winning smile. I

scrutinized him more closely--the rose was still in his buttonhole.

As the voice ceased, the condemned man lifted his face, and turned his

head slowly. For a moment his eyes rested on the Judge; then they

moved to the clerks, sitting silent and motionless; then behind, at

the constables, and then up into the black vault packed with his own

people.

A deathlike silence met him everywhere.

One of the officers stepped closer. The condemned man riveted his gaze

upon him, and held out his hands helplessly; the officer leaned

forward, and adjusted the handcuffs. Then came the sharp click of

their teeth, like the snap of a hungry wolf.

The two men,--the criminal judged according to the law, and the

sheriff, its executor,--chained by their wrists, wheeled about and

faced the crowd. The constables raised their staffs, formed a guard,

and forced a way through the crowd, the silent gallery following with

their eyes until the door closed upon them.

Then through the gloom there ran the audible shiver of pent-up sighs,

low whispers, and the stretching of tired muscles.

When I reached the Judge, he was just entering the door of the

anteroom opening into his private quarters. His sunny smile had

returned, although the voice had not altogether regained its former

ring. He said,--

"I trust you were not too late. I waited a few minutes, hoping you had

come, and then when it became so dark, I ordered a light lit, but I

couldn't find you in the crowd. Come in. Let me present you to the

district attorney and to the young lawyer whom I appointed to defend

the prisoner. While I was passing sentence, they were discussing the

verdict. Were you in time for the sentence?" he continued.

"No," I answered, after shaking hands with both gentlemen and taking

the chair which one of them offered me, "only the last part. But I saw

the man before they led him away, and I must say he didn't look much

like a criminal. Tell me something about the murder," and I turned to

the young lawyer, a smooth-faced young man with long black hair tucked

behind his ears and a frank, open countenance.

"You'd better ask the district attorney," he answered, with a slight

shrug of his shoulders. "He is the only one about here who seems to

know anything about the _murder_; my client, Crouch, didn't, anyhow. I

was counsel for the defense."

He spoke with some feeling, and I thought with some irritation, but

whether because of his chagrin at losing the case or because of real

sympathy for the negro I could not tell.

"You seem to forget the jury," answered the district attorney in a

self-satisfied way; "they evidently knew something about it." There

was a certain elation in his manner, as he spoke, that surprised

me--quite as if he had won a bet. That a life had been played for and

lost seemed only to heighten his interest in the game.

"No, I don't forget the jury," retorted the young man, "and I don't

forget some of the witnesses; nor do I forget what you made them say

and how you got some of them tangled up. That negro is as innocent of

that crime as I am. Don't you think so, Judge?" and he turned to the

table and began gathering up his papers.

His Honor had settled himself in his chair, the back tipped against

the wall. His old manner had returned, so had the charm of his voice.

He had picked up a reed pipe when he entered the room, and had filled

it with tobacco, which he had broken in finer grains in the palm of

his hand. He was now puffing away steadily to keep it alight.

"I have no opinion to offer, gentlemen, one way or the other. The

matter, of course, is closed as far as I am concerned. I think you

will both agree, however, whatever may be your personal feelings, that

my rulings were fair. As far as I could see, the witnesses told a

straight story, and upon their evidence the jury brought in the

verdict. I think, too, my charge was just. There was"--here the Judge

puffed away vigorously--"there was, therefore, nothing left for me to

do but"--puff--puff--"to sentence him. Hang that pipe! It won't draw,"

and the Judge, with one of his musical laughs, rose from his chair and

pulled a straw from the broom in the corner.

The district attorney looked at the discomfited opposing counsel and

laughed. Then he added, as an expression of ill-concealed contempt for

his inexperience crept over his face:--

"Don't worry over it, my boy. This is one of your first cases, and I

know it comes hard, but you'll get over it before you've tried as many

of them as I have. The nigger hadn't a dollar, and somebody had to

defend him. The Judge appointed you, and you've done your duty well,

and lost--that's all there is to it. But I'll tell you one thing for

your information,"--and his voice assumed a serious tone,--"and one

which you did not notice in this trial, and which you would have done

had you known the ways of these niggers as I do, and it went a long

way with me in establishing his guilt. From the time Crouch was

arrested, down to this very afternoon when the Judge sentenced him,

not one of his people has ever turned up,--no father, mother, wife,

nor child,--not one."

"That's not news to me," interrupted the young man. "I tried to get

something from Crouch myself, but he wouldn't talk."

"Of course he wouldn't talk, and you know why; simply because he

didn't want to be spotted for some other crime. This nigger

Crouch"--and the district attorney looked my way--"is a product of the

war, and one of the worst it has given us--a shiftless tramp that

preys on society." His remarks were evidently intended for me, for the

Judge was not listening, nor was the young lawyer. "Most of this class

of criminals have no homes, and if they had they lie about them, so

afraid are they, if they're fortunate enough to be discharged, that

they'll be rearrested for a crime committed somewhere else."

"Which discharge doesn't very often happen around here," remarked the

young man with a sneer. "Not if you can help it."

"No, which doesn't very often happen around here _if I can help it_.

You're right. That's what I'm here for," the district attorney

retorted with some irritation. "And now I'll tell you another thing. I

had a second talk with Crouch only this afternoon after the

verdict"--and he turned to me--"while the Judge was lunching with you,

sir, and I begged him, now that it was all over, to send for his

people, but he was stubborn as a mule, and swore he had no one who

would want to see him. I don't suppose he had; he's been an outcast

since he was born."

"And that's why you worked so hard to hang him, was it?" The young man

was thoroughly angry. I could see the color mount to his cheeks. I

could see, too, that Crouch had no friends, except this young sprig of

the law, who seemed as much chagrined over the loss of his case as

anything else. And yet, I confess, I did not let my sympathies for the

under dog get the better of me. I knew enough of the record of this

new race not to recognize that there could be two sides to questions

like this.

The district attorney bit his lip at the young man's thrust. Then he

answered him slowly, but without any show of anger:--

"You have one thing left, you know. You can ask for a new trial. What

do you say, Judge?"

The Judge made no answer. He evidently had lost all interest in the

case, for during the discussion he had been engaged in twisting the

end of the straw into the stem of the pipe and peering into the

clogged bowl with one eye shut.

"And if the Judge granted it, what good would it do?" burst out the

young man as he rose to his feet. "If Sam Crouch had a soul as white

as snow, it wouldn't help him with these juries around here as long as

his skin is the color it is!" and he put on his hat and left the room.