Chapter IV

The Hermit of Turkey Hollow

Alibi.

“Alibi (al’-i-bi) n. 1. In law, a plea of having been elsewhere at the

time an offense is alleged to have been committed. Hence.--a. The fact

or state of having been elsewhere at the time specified; as, “he

attempted to prove an alibi.”--Cent. Dict.

“If it (alibi) appeared to be founded in truth, it is the best

negative evidence that can be offered. It is really positive evidence

which in the nature of things necessarily implieth a negative.”

Foster, J. Crown Law, 3rd Ed. p. 368 (1762).

“If any one fact necessary to the conclusion is wholly inconsistent

with the hypothesis of the guilt of the accused, it breaks the chain

of circumstantial evidence, upon which the inference depends; and,

however plausible or apparently conclusive the other circumstances may

be, the charge must fail. Of this character is the defense usually

called an alibi; that is, that the accused was elsewhere at the time

of the offense is alleged to have been committed. If this is true, it

being impossible that the accused could be in two places at the same

time, it is a fact inconsistent with that sought to be proved, and

excludes its possibility,” Shaw, C.J., in Commonwealth _vs._ Webster,

5 Cush. 299, 318 (1850).

The

Hermit of Turkey Hollow

I

“All the same,” affirmed “Skinny the Tramp,” “some one o’ these days

them bugs’ll wiggle themselves off’n their pins--an’ do for ye!”

The “Hermit of Turkey Hollow” laughed derisively as he paused in

pinning a large gray moth against the wall of the shanty.

“That’s all bunk!” he asserted with a show of bravado which, however,

concealed a certain uneasiness. “When a thing’s dead--it’s dead! And

that’s the end of it!” he added, pushing in the pin firmly until the

moth, giving a final flutter, remained motionless.

Skinny shook his head.

“No, it ain’t!” said he with conviction. “Nuthin’ ever really

dies--or, if it does, that ain’t the end of it by any manner o’ means!

Your body kin die--like a cocoon--but somethin’ goes on after--like

the butterfly.”

The Hermit threw a nervous glance in the direction of the moth, and

then, evidently reassured, nonchalantly removed a piece of cut plug

from his trousers pocket, bit off an end and held it out to the tramp,

who bisected the remainder.

“But the butterfly dies--” concluded the Hermit decisively, “and then

that’s the end of it--for good an’ all!”

Skinny wiped his mouth with the back of his hand and looked round the

smelly little shanty, the sides of which were decorated with a

heterogeneous collection of defunct beetles, moths and butterflies.

“The butterfly don’t die--no more’n the cocoon!” declared he. “Nuthin’

dies. The moth flies away out o’ the cocoon, and then--when the moth

dies--somethin’ flies away out o’ the moth.”

“But you can’t see nuthin’,” remarked the Hermit with significance.

“I don’t know whether ye can or not!” replied the tramp

noncommittally. “Some says ye can an’ some says ye can’t. Some claim

they’ve photographed the human soul!”

“What do them as claim ye can see it say it’s like?” inquired the

Hermit in a tone of incredulity, in which nevertheless were mingled

awe and curiosity.

“Mostly like a butterfly--somethin’ with wings--so’s it kin fly, I

s’pose.”

“Huh!” retorted the Hermit. “Just pure bull! That moth, now--how can

you say it ain’t dead?”

Skinny’s jaws relinquished their extreme vigor of motion, as he leaned

forward earnestly towards the Hermit.

“Listen, Bo!” he adjured him. “You think you know all about bugs, an’

worms, an’ snakes, an’ yerbs, an’ trees, an’ weather. An’ I reckon you

do, too! But you don’t ponder none compared to me. I don’t do nuthin’

but think, ’cause I ain’t got nuthin’ else to do. I lie an’ meditate

most all the time. And I hear things--and sense ’em. Sometimes I sit

harkenin’ all night long. I know a lot more’n most folks about things

you can’t see.”

“I don’t say you don’t, Skinny!” admitted the Hermit politely. “I

don’t deny it!”

“There’s two worlds,” affirmed the tramp. “One you kin see an’ smell

an’ touch and one that you ordinarily can’t--right alongside t’other.

But sometimes--dependin’ on circumstances--you can catch a glimpse of

what’s goin’ on there--see ’em an’ hear ’em. You’ve seen ghosts!”

“Sure, I’ve seen ghosts. Everybody’s seen ’em!” readily assented his

companion.

“Well,” continued the tramp, “everythin’ has a ghost--walkin’ right

along beside it all the time--only it’s in that other world--the one

you don’t see.”

“But things don’t have ghosts!” declared the Hermit. “A thing must

have been alive sometime to have a ghost.”

“Everything’s alive!” asserted the tramp. “Rocks an’ trees an’ flowers

an’ water an’ fire an’ bugs an’ beasts as well as folks,--an’ they all

have ghosts an’ none of ’em ever die. An’ they all have a right to

live in the world they’re in until they naturally pass on into the

other. Now, when they go--maybe they go one way, maybe another; but

they all do go; and some folks claim to have seen ’em. An’ mostly they

go with wings--flyin’--shaped like a moth or somethin’ like that.”

The Hermit spat disdainfully through the open doorway.

“Huh!” he remarked with sarcasm. “An’ I s’pose,--you’d say,--when I

die I’ll go flyin’ away like a big gray moth?”

“Like as not!” returned Skinny cheerfully. “Like as not! You got to go

somehow, ain’t ye?”

“All bull!” repeated the Hermit. “You’re just a nut!”

“Just the same!” returned Skinny the Tramp, “leavin’ out entirely me

bein’ a nut, I wouldn’t kill anythin’ that’s alive an’ can feel--for

money! I hate even to put an axe to a tree an’ see the sap ooze out.

How do we know it ain’t sufferin’? An’ when it comes to live

things--I’d be skeert!”

He let his eyes wander over the shanty walls thickly populated with

tiny corpses and shuddered slightly.

“Yus! I’d be skeert to live in this house! Sometime they’ll have their

vengeance!--An’--just as I said,--one o’ these days, they’ll come

wigglin’ off’n them pins an’--do fer ye!”

“An’ then,” mocked the Hermit of Turkey Hollow, “I’ll flutter off out

the winder like I was a moth! Bull, Skinny! All bull!”

* * * * * *

As may be inferred from the foregoing conversation the Hermit of

Turkey Hollow lived in the world of Fact, while Skinny the Tramp dwelt

in that of Faith,--which is to say, of Truth. Yet, as odd sticks,

there was little to choose between them. As being a house dweller--and

not a mere vagrant open to all the insidious imputations of

vagabondage--the Hermit may of the two have been entitled to greater

social recognition, but being a recluse, although something of a

curiosity and hence in the nature of a local asset,--he was

practically negligible as a factor in the life of the neighborhood.

Skinny the Tramp, on the other hand, was a sociable sort of being who

lived in the open, not because he loved his fellows less but because

he loved nature more.

Turkey Hollow lies three miles to the north and east of the thriving

town of Pottsville in the Mohawk Valley of the Empire State,

surrounded by low hills still thickly covered with second growth

timber; in spots, especially where Chasm Brook flows down into the

westerly end of Turtle Pond, wet and marshy; and elsewhere filled with

a tangled growth of Getchel birch, swamp maple, and alder, save for

the acre or so of cleared upland above the lake where stands the

Hermit’s now deserted shanty.

On the whole, the original turkeys having for several decades been

entirely extinct, the hollow offered no attractions to anybody, save

possibly to naturalists impervious to mosquito bites. It was in truth

a dank sort of place, full of underbrush, and inaccessible except by

the wood road leading to the Hermit’s abode, which some years he

cleared out and some he didn’t, and where you had to go afoot anyway.

Nevertheless, once you got there, you found that the hermit was a

genuine up-to-date hermit, with most of the modern improvements. For

he was neither a hundred years old with a bald pate and long white

whiskers like William Cullen Bryant or Father Time; nor did he mutter

incantations over a seething caldron like the witches in Macbeth, or

meander aimlessly about prattling to himself as conventional hermits

are supposed to do. And his shanty was no cave, but on the contrary a

comfortable enough one-story shack, with windows of glass which, while

they were nailed down tight and hence could not be opened, allowed

plenty of light to stream in. By the door usually stood a butterfly

net, a fish rod, and a hoe and spade,--for he had a small garden where

he raised such vegetables as he needed,--and on one side of the shanty

was a table, on the other his cot, over which by day was thrown a

discolored “comfortable,” while directly “on ax” with the door and

between the two rear windows was a tall, old-fashioned clock--the only

article of any value in the place.

This was, indeed, rather a strange object to be in the middle of the

woods and as it was of shining mahogany, its face decorated with the

sun, moon and stars, ships, savages and zodiacal signs, it was an

object of comment and surmise to the few who visited the place. No one

ventured to ask where it had come from or how the hermit had acquired

it, but he had been once heard to say that it made less noise than a

woman, talked no nonsense, and was all the company anyone had need of.

Even those who had never seen the hermit himself knew that he had a

clock. That is the way of things. People will refer for years to a man

as “the old chap who always wears that pair of gray trousers” and then

accidentally discover that he is a world famous civil engineer or

retired statesman who has swayed the fate of nations. So the hermit

was known by his clock; although regularly once a week he walked to

Pottsville to get his mail and buy groceries. For being an up-to-date

hermit he was not without an occupation,--he drank; and he did it very

well.

He was a large, lumbering man of about sixty years, full-bearded,

bent, frankly ungiven to washing and generally a shade woozy in the

upper story; and nobody could remember Turkey Hollow when he had not

been there.

He was reputed to be possessed of mysterious, ill-gotten wealth hidden

in and about the clearing, and, in spite of his squalor, the rumor

acquired a certain _cachet_ owing to the fact that his correspondence,

regularly inspected by Constable Higgins out of abundant caution,

consisted almost entirely of get-rich-quick-circulars and similar

catch-penny advertisements. His name, which otherwise might never have

been known, was Wilbur Drake,--although he was never referred to as

anything but the “Hermit of Turkey Hollow.” That was his sum total--to

the world at large.

Yet sometime and somewhere, he had perhaps been somebody; and nailed

over his cot in a tarnished oaken frame was a dingy photograph of a

dumpy little girl in pigtails. Why this sick soul had sought seclusion

nobody knew and nobody cared, yet afterwards, although he was morose,

taciturn and brutal in his manners, the Pottsville folk were sorry for

him and regretted that they had not been kinder to him.

Skinny the Tramp was a totally different type of bird,--a “character”

as they all said, beloved of the village children and regarded with

good-natured tolerance by their elders. He was tall, lean, hawkish,

with the traditional stubble about his chin and neck, which a Byronic

negligée exposed to wind and weather. He belonged to Pottsville in

his own way quite as much as did the hermit, for in spite of his

peripatetic sojournings, he was a native of the town and, as James

Hawkins, had passed those earlier days--before manual labor had been

abhorrent to him--in its vicinity, having been even at one time

admitted to the lowlier degrees of the Brotherhood of Abyssinian

Mysteries. This famous order, however, he had ultimately abandoned in

favor of the Hibernating Hoboes of Hesperides, of which he was now a

member in good standing.

The reader will, of course, appreciate that for various

reasons,--including that we may sometime run for public office--the

foregoing names and titles are fictitious; but the organizations

themselves are not, and each in its own way exerts an influence not

lightly to be disregarded, whether one be a yokel on the one hand, or

a yegg on the other. Twice yearly, once on his annual autumn trip to

the Golden West and again on his return therefrom in the spring,

Hawkins, emaciated, hairy, black from coal dust, dropped lightly off

the truck of some fast freight and revisited the scenes of his youth.

Sitting upon a cracker barrel in Colson’s Grocery--so that nutriment

might be the more easily accessible--Skinny the Tramp, like some

wandering scop, bard, or friar of medieval days--would fill the

wagging ears of the countryside with the narrative of his later

wanderings in search of the treasure that somehow always just managed

to elude his grasp. For Skinny believed absolutely that at the foot of

every rainbow there was a Crock of Gold, and he would have gladly died

for his belief--as any gentleman and sportsman would have done, and as

he came very near to doing in this case.

However, while Skinny chased rainbows he declined to do so

afoot--preferring the artificial and speedier means of transportation

afforded by the transcontinental railroad systems, from the trains of

which he was habitually--and at divers times and places,

ignominiously,--hurled, to his great physical and temperamental

detriment. Yet, albeit that he was a high officer of the Hibernating

Hoboes of Hesperides and had once been an Abyssinian Brother of that

elevation known as the “Order of the Sacred Camel of King Menelik,”

from which noble association he had been swiftly dropped for

non-payment of dues, he was, like a multitude of his fellow wanderers,

merely a harmless child of good-nature, nearly a half-wit, essentially

a devotee of Zoroaster, who spent his life following the sun. On these

biennial visits Skinny hung about the town, spending a goodly portion

of his time--both by night and by day--sleeping in a lean-to on the

hillside above Turkey Hollow, and part of it wandering through the

woods,--but always looking for the rainbow that should empty a hoard

of gold into his tattered lap.

Twice yearly also passed through Pottsville the “Sons and Daughters of

the Southland”--the Zingara Gipsies,--in auto trucks and

flivvers--camping for a time on the end of the old, deserted

racetrack,--a sinister crew, surreptitious panderers to credulity and

lust, the men surly and brutal, the women insolent and dirty, but

attracting the imaginative and susceptible bumpkins as a trickle of

molasses will draw a swarm of flies. When in the night they folded

their tents and stole silently away the citizens of Pottsville

invariably discovered that many of their most cherished personal

possessions were unaccountably missing. But no one cared to pursue and

prosecute them. They were too dangerous. Besides, they could have told

things.

In the case of Skinny the Tramp there was, however, a practical as

well as a sentimental reason for these half-yearly stop-overs, the

legal necessity of his putting in a personal appearance to claim and

receipt for the one hundred dollars of income which accrued to his

account every six months from the trust fund created by his mother in

her last will and testament, of which the Honorable--or

“Squire”--Hezekiah Mason was executor. And as Squire Mason is one of

the central figures in this legal tragi-comedy it may perhaps be worth

while to stop for a moment at this point and give him what might be

called the “literary once-over.”

Let us state frankly, without circumlocution or evasion, that while

Hezekiah was known as “honorable” and “squire,” this grim visaged,

tight-lipped country attorney was neither. He was “honorable” only in

a Pickwickian sense; and a “squire” only by courtesy; but why or how

any courtesy should have been extended to him remained a mystery,

since he was the most unpopular man in the county,--evidenced by the

fact that he alone of Pottsville’s masculine élite--which included

the barber, druggist, sheriff and dentist--was not one of the Sacred

Camels of King Menelik, and needless to say it rankled in his dried

peapod of a soul.

Nevertheless, the Hon. Hezekiah was a power for he had mortgages on a

majority of the farms of Somerset County already and his tentacles

were reaching out along the county highways and by-ways after the

others. Moreover, he was the only lawyer practising in either

Pottsville or Somerset Corners so that, in one way or another, he

managed to be mixed up in almost everything that went on. However, he

couldn’t break into the mystic circle of The Abyssinian Brotherhood,

which has a distinct bearing on our narrative. As Sheriff Moses

Higgins,--who was the Grand Supreme Exalted Patriarch and Ruler of the

Sacred Camels of King Menelik--had said at the lodge meeting held

three months before in the P. of H. (No. 769) Hall when Hezekiah had

made his final attempt to become one of the genus dromedary and had

been flatly and contumaciously turned down, refused, rejected,

rebuffed and repudiated--I repeat, as Sheriff Higgins had said on that

well known occasion, it made no difference how big a feller’s bank

account was if he was a stinker, and everybody who had an atom of

brains fer fifty miles ’round knew all-fired well what kind of a cuss

Mason was. Get a feller like that into the Camels and you never could

get rid of him--“once a Camel always a Camel”--the whole herd would be

contaminated. He’d sooner take in “Nigger” Jo, the colored ostler over

to the Phoenix House stable. He spoke fifteen minutes and there wasn’t

a white ball in the box when it was passed.

So Squire Mason nursed his antique grudge and took his revenge in coin

of the realm. Then came the turn of the wheel and Hezekiah found

himself in a position where by the adroit application of five thousand

dollars where it would do most good he could get a strangle hold on

one of the leading politicians of the county. The fact that the only

funds available were those he held as trustee for James Hawkins was

the merest incident and did not disturb him even momentarily. They

were at hand and he used them. Skinny was only a tramp. He might get

run over any day, just as, fortunately for Hezekiah, was Lawyer

Tompkins, of Felchville, the public prosecutor of Somerset, for whose

vacant job the Honorable Squire Mason instantly applied. As he had a

cinch on the local political boss, and as the attorney general needed

the influence of the boss in his own business, and as the attorney

general had a cinch on the governor--he won in a walk and duly became,

by official appointment and designation, for Tompkins’ unexpired term,

district attorney of Somerset County, and having, after forty years of

plodding obscurity, suddenly found himself elevated to office he

instantly became consumed by the fire of ambition. While Cicero says

that “the noblest spirit is most strongly attracted by the love of

glory,” we do not intend by this mere statement of fact to entwine

with any wreath of bay or laurel the perspiring brow of Hezekiah.

Objectively Mason was a bombastic, old-fashioned country lawyer,

acrid, dry as dust, entirely unscrupulous, and, while superficially

shrewd, on the whole rather dull. Noise was his strong point, and

there was not a tougher pair of leather lungs in the Mohawk Valley,

down which he now looked with longing eyes towards the capital at

Albany, hoping perhaps to roar loud enough so that he could be heard

there, which at times seemed by no means impossible. Once ambition

stirs a man’s soul no height appears too high for him to scale.

“On the summit see,

The scales of office glitter in his eyes:

He climbs, he pants, he grasps them! At his heels,

Close at his heels, a demagogue ascends,

And with a dexterous jerk soon twists him down,

And wins them, but to lose them in his turn.”

And now, having had one piece of luck, the lightning of fortune, as

sometimes happens, struck him again.

Pottsville is the kind of “hick” town where the girls bob their hair

and the boys wear the very latest “pineapple” cut, where you can buy

“college ices” and “sundaes” at the drug store, but where the movies

run only twice a week and the barber shop is open only after four

o’clock on Saturdays. There is a smutty little wooden railroad

station, a memorial library of funereal granite, a brick business

block bearing date 1879, an octagonal horse-trough right in the middle

of Main Street, and the rickety old Phoenix Hotel, run by “Ma” Best,

_née_ Louisa Barrows, whose dad, “Old Doc Barrows,” was sent up to

Sing Sing for high-financing the countryside.

There are, in addition, two churches, Baptist and Methodist, each

white with green shutters and a steeple,--a court house, the Mohawk

Palace Theater (celluloid), the P. of H. Hall, the “Pottsville Dry

Goods Emporium” belonging to “Toggery Bill” Gookin, Meachem’s Notion

Store and Colson’s Grocery. The street is unpaved and from February to

April is ankle high with mud. Such towns still survive even in the

Empire State. But while Pottsville will refer to Somerset Corners five

miles away as a “hick” town, it remains serenely oblivious of its own

hickitude.

It was here that on a soft Saturday afternoon towards the end of

April, Squire Mason’s great moment came--that opportunity knocked upon

his office door and beckoned to him. And Hezekiah did not hesitate.

He had been more than usually sour all day, for he had quarreled with

his wife at breakfast and when he reached the office he had found that

a farmer over Felchville way whose mortgage he held--and on whose

prompt payment he had relied to cover James Hawkins’ semiannual

interest of like amount, had unexpectedly defaulted. And--curse

it!--at eleven o’clock Skinny had come for his money, peering

apologetically through the door like the half-wit that he was,

twisting his faded bicycle cap between his fingers, almost afraid to

ask the squire for what was his.

“Mornin’, squire,” he said, leaning awkwardly against the door jamb.

“Been well, I trust?”

The Honorable Hezekiah Mason regarded the tramp malevolently.

“Tol’rable!” he replied curtly. “I s’pose you’ve come after your

money.”

“Yes,” assented Skinny. “Still,” he added politely, “if it ain’t

convenient----” His blue eyes roved vaguely around the barren room

seeing nothing.

“Look here, Skinny!” remarked the lawyer gruffly, “what’s the use of

my turning over a hundred dollars to you to throw away? Why don’t you

let me keep it an’ invest it for you? The way you live ain’t

provident. A penny saved is a penny earned, an’ a hundred dollars is a

lot of money.”

“It’s very kind of you,” faltered Skinny, “but I don’t throw it away.

Honest Injun, I don’t. It keeps me wanderin’--I’d like it if you kin

let me have it.” He paused and took a timid step towards the squire.

“May I ask you a question?”

Now the one thing in the world that Squire Mason did not want was any

question from Hawkins about the whereabouts of his money. He had

intended to put the tramp off, but now he swiftly changed his mind.

“Your money’s all right,” he retorted, getting to his feet. “You don’t

need to worry any ’bout it! I’ll go get it fer you!”

“Thank you,” replied Skinny. “I was only goin’ to ask----”

But Mason had bolted through the door. Ten minutes later he returned

and handed the tramp five twenty dollar bills, for which he took

Skinny’s receipt.

“Now,” he remarked brusquely, “you’ve got your money. You better get

along. I’m busy this mornin’!”

But Skinny had a matter of vital moment upon what by a euphemism might

have been termed his mind. It had been troubling him ever since his

conversation with the hermit with which this chronicle opens. And he

wanted the opinion of Squire Mason, as a learned man who presumably

knew all about such things.

“I’d like to ask you a question, squire!” he persisted.

Mason, cornered in his office, turned on him like a rat.

“Well,--ask it!” he snapped defiantly.

“I want to ask you if folks that know about such things think that

when a thing’s dead it’s dead?”

The squire stared at him contemptuously.

“P’tah!” he ejaculated. “What are you ravin’ about?”

“About whether when folks die that’s the end of ’em,” explained

Skinny. “And if it’s the same with the animals.”

Mason took courage. Skinny was not bothered about the safety of his

principal.

“What’s the use conjecturin’ about things like that?” he asked more

genially.

“It’s kinder important, ain’t it?” returned the tramp.

The lawyer pursed his lips and gazed for an instant through the window

upon the sill of which a blue-bottle lay upon its back with its legs

stiffly in air. Then he turned sententiously to the tramp.

“If you really want to know what I think,” he answered. “When a man’s

dead, he’s dead.”

Skinny, his money in his pocket but troubled in his mind, made his way

slowly back to Turkey Hollow. The sun, which had been shining when he

had gone into the squire’s office, had become obscured by a bank of

cloud and it looked like rain, but all about him as he strode through

the woods the dogwoods were bursting into blossom amid a background of

diaphanous budding green. The spring was stirring in him, too. A

hundred dollars! Visions of purple valleys, of cool, trickling ravines

dank with spreading ferns, of fragrant fields of hay in which to

lie--without the necessity of chopping a single piece of kindling to

pay for his supper--rose in his mind. Wouldn’t it be great to be rich!

To lie in a hammock with a feather pillow under his head in the shade

of an orange tree and a nigger to hand him cool drinks and sandwiches

and gold-tipped cigarettes! To ride luxuriantly inside a Pullman car

or stand on the clinking back platform of the Sunset Limited watching

the misty mountains turn from azure to rose and from rose to

lilac--and pitying the bums walking the sleepers. To

sleep--sleep--sleep--in a big, soft bed! To have a man delicately

remove the hair from your neck and chin and scent your cheeks with

cologne water! To go into a grand hotel, bully the waiter, and eat

everything on the bill of fare without asking the price! Money! That

would do it. But a hundred dollars was only a flea bite! What he

needed was the real kale--a whole pot of gold!

It had begun to rain by the time he had cooked his dinner, and

afterwards, as he sat in the opening of his shack smoking cigarettes,

it grew very dark and for half an hour poured down in torrents. Then

as will happen in fickle April the sun burst forth and turned the

leaden world into a dripping golden grotto, where every bough and twig

and leaf’s edge gleamed with a jeweled setting of pearls and diamonds,

and the hot mist rose shimmering from the steaming ground. Gold--gold

everywhere! Gold--the mystic element sought of the alchemists and of

the philosophies of ancient, medieval and modern times alike. Gold!

Suddenly Skinny stiffened and sat erect. Thrown against the torn black

wind clouds of the departing storm was a great arch whose glowing

colors pained the eye, a perfect piece of heavenly architecture. High

it rose into the zenith a concentrated prismatic glory--emblem of the

eternal hope that sprang in the tramp’s breast. One end of the arc

came to earth far to the west--the golden west--and the other plunged

down at his feet into Turkey Hollow. There was no doubt about it at

all. Right into Turkey Hollow--right upon the hermit’s shanty, which

he could see through the interlacing boughs of the hillside sharply

defined as in a spotlight of saffron. Skinny started to his feet. If

he could only reach the hermit’s shanty before the rainbow faded the

crock of gold would be there. Sure! His mind never doubted it. It was

there now. If he hurried--this time he might find it! Without a

moment’s hesitation Skinny plunged down the hillside through the

reeking undergrowth, drenched to the skin, slipping, falling now on

beds of soaking moss, now over roots and stones--blood smearing his

face and hands--until he crashed down through the clump of birches

next the clearing.

A man was sitting there under a boulder smoking a pipe, his ax across

his knees--waiting evidently for things to dry up a bit. He waved at

Skinny, but the tramp was too intent to answer him. Then came the

yellow gleam of the clearing through the brush and the shanty rose

hard against the sky just beyond. Surely he must be in time!

He had emerged from the woods in the rear of the shanty on the edge of

the potato patch and he did not trouble to go around it but plowed

straight through the muddy rows, leaving a deep wake behind him across

the loam. Panting and dripping with sweat, Skinny hurried to the

nearest window of the shanty, the one above the hermit’s cot, and

peeked in. What he saw made his heart stand still. The sun was pouring

through the opposite window upon the back of the hermit, who sat bowed

over the table; and in front of him--its overflowing contents sending

yellow flashes darting into the dim recesses of the hut--stood a small

red bean-pot or “crock”--still sticky with earth--filled with shining

gold pieces. An expression of transcendental satisfaction illuminated

Skinny’s face. His faith was justified--as he had known and predicted

all along that eventually it would be. His confidence in his own

mental processes and spiritual beliefs rebounded from where it had

been crushed to earth by Squire Mason’s crass materialism.

Stealthily--so as not to frighten the hermit--he crept towards the

open door of the shanty.…

It was Charlie Emerson--the man sitting under the boulder with his ax

across his knees--who heard the shot that killed the hermit. He was

not a native of Pottsville, although he usually could be found there

every spring, working over at Sampson’s steam lumber mill at the lower

end of Turtle Pond. This particular Saturday he had got the afternoon

off to fill an order for pea sticks which he purposed cutting from the

birches which grew thick in the less swampy part of Turkey Hollow, and

he was right in the middle of it when the thunderstorm came up and he

had to stop for awhile until the sun should dry the bushes off.

He saw Skinny cruising through the underbrush and was puzzled by the

fact that the tramp ignored his salutation. But he had gone on smoking

and, after taking a short nap, had resumed his work on the pea sticks.

Then, as the sun had begun to slant through the tree trunks and the

shadow of the hill to come creeping across the marsh, the hot silence

of the afternoon had been shattered first by a cry for help and then

by a shot--both from the hermit’s shanty less than two hundred yards

away. Ax in hand he made the distance through the thickets in less

than three minutes, and as he broke cover into the clearing behind the

house he saw the undergrowth moving on the other side and heard the

snapping of twigs.

It was so still that he could hear the drone of a bee in the fringe of

meadow-sweet down by the well, and--coupled with the cry--it gave him

a weird creepy feeling such as he never knew before. But he took a

good grip on himself, walked round the shanty, and looked in through

the open door.

Everything was as usual--the clock, the cot, the rickety table, the

chair, the fish rod and butterfly net, all were undisturbed--except

that the hermit lay upon his back on the floor, his arms outstretched,

the blood jetting from his mouth, a film gathering in his wide open

eyes. Emerson knelt by the side of the dying man and gently lifted the

great hairy head. The blood that came from his mouth made a queer

guttering sound--grotesquely resembling to his agitated mind the faint

clucking of a hen. Then the noise stopped; the hermit no longer

breathed; and the lumberman as he lowered the hermit’s head to the

floor heard the loud beat of an insect’s wings and observed a large

gray moth flapping frantically against the window. He had seen a

million moths--! Yet, with relief Emerson saw it vanish through the

open doorway.

With averted face he threw the “comfortable” across the hermit’s body

and, as he did so, noticed the broken fragments of a small, red clay

pot lying beneath the table. One of the hermit’s hands protruded from

beneath the coverlet--grasping tightly a single gold-piece. Emerson,

standing in the stifling atmosphere of the hut, could hear no sound

but the beating in his ears of his own heart.

The mill hand dashed from the shanty, marking the footprints in the

garden patch, and hunted courageously for the murderer in the

surrounding woods; but the criminal had too good a start. Then, with

no doubt whatever in his mind as to who it had been, he ran down the

wood road that joined the main highway half a mile from the shanty.

There had been a big gang assembled in Colson’s Grocery waiting for

the barber shop to open next door when Skinny entered at almost

precisely four o’clock by the Western Union automatically regulated

clock over the candy counter; and, while nobody had paid much

attention to him at the time, it was remembered distinctly afterwards

that he had been breathing hard and excited, and had ordered a bottle

of root beer and drank it with a sort of ostentatious, devil-may-care

indifference. He had also remarked to someone that he had cut his

finger in the woods, and his handkerchief was bloody.

Most of the crowd were still there when, fifteen minutes later,

Charlie Emerson, the lumber man with the ax, reached the village with

the news that the hermit had been murdered.

He came running down the road all splashed with mud and the fellows in

Colson’s could hear him shouting nearly a furlong away. There was a

general stampede for the street,--in which the occupants of the brick

block, the barber shop, and the drug store all joined. Emerson came

staggering along--stopping every few yards to yell “Murder!”--and

brought up exhausted in front of the stairs leading to Squire Mason’s

office, which was opposite the sheriff’s on the first landing.

“Th’ hermit’s been murdered!” he panted hysterically. “Shot right

through the lungs!--Where’s the sheriff?--Gosh, it’s fierce!--Where’s

Squire Mason?”

The crowd surged round him, Squire Mason’s head appeared at his

window, and then, with a whoop, they all rushed up the stairs to the

sheriff’s office. But Mason held the crowd back sternly on the

landing.

“I’m prosecutor o’ this county!--I’ll take care o’ this witness!” he

announced in a tone of authority. “Now some o’ you hustle over and

fetch the sheriff--he’s gone down to the station fer the mail. An’

don’t none of you dare so much as move ’till he comes and tells you

what to do.--Now, you!” to the ax-man--“Come into my office an’ let me

take your deposition.”

There was a murmur of disappointment from the crowd as Mason firmly

conducted Emerson inside and shut the door; but they all obediently

poured down the stairs again after the sheriff. Then some one began to

ring the fire alarm and, by the time Sheriff Higgins reached the horse

trough, the mob was so dense in front of the doorway that he could

hardly force his way through. He was inside less than a minute before

he reappeared at Mason’s window.

“Anybody seen Skinny Hawkins?” he cried excitedly.

“He was here a minute ago!” answered someone.

“I seen him walkin’ off down the road towards the race track--just

afore the bell began ringin’!” yelled up a small boy.

“Well!” shouted Higgins, “get after him an’ stop him.--Don’t let him

get away!”

The next instant the pack were in full cry.

* * * * * *

Perhaps if Skinny hadn’t been a half-wit he wouldn’t have run. Perhaps

he should have pulled himself together--and with his pockets full of

the hermit’s gold and his boots covered with mud from the hermit’s

potato patch--he should have boldly answered: “Here I am! What do you

want of me?” and marched up to the sheriff’s office. But, on the other

hand, perhaps many a more sensibly-minded man than he under the same

unfortunate circumstances would have taken to his legs. Admit, it was

a foolish and useless thing to do! We have all on occasion lost our

nerve--even if we all be wise men. And certainly Skinny was not wise!

He could not deny having been in the hermit’s company within half an

hour, the gold was on his person, the mud upon his feet. He had been

caught almost, had his addled memory retained the phrase, _in

flagrante delicto_. Being a tramp, used to rough treatment even from

ordinarily kind people, accustomed to be called a vagabond and a thief

and to have the dogs set upon him, familiar from long experience with

his brother hoboes with tales of tortures and lynchings in which the

knotted rope and kerosene figured vividly, Skinny fled in a hysteria

of fear down the road towards the race track and thence across the

fields into the woods.

He was less than three minutes ahead of the crowd at the start and

unfortunately for him the sheriff’s flivver was standing in front of

the drug store, so that by the time he took cover they were actually

at his heels. Moreover, a dozen of the older boys sensing that he

might try to beat back towards the Hollow ran up the crossroad to cut

him off. The fact that most of them liked him was nothing. A chase was

a chase. Hare and hounds,--while it lasted. Besides, this was a hunt

for a murderer--and flight was equivalent to confession.

Badly winded, Skinny crashed through the woods, the shouts of his

pursuers close in his ears. Ahead he could see the blue sky through

the trees where the fields began again. He reached the edge and came

dead upon a man plowing. Faintly borne on the wind he heard the

distant clang of the fire bell and a couple of revolver shots from

nearer at hand. “Putt!” they said. “Putt-putt!” Skinny did not like

the sound of them. He ducked back and ran like a fagged fox along the

hedge by the field, then paused to listen again. There was a crackling

in the brush to the left while just beyond, on the other side of the

open, the barber and the drug clerk, who had followed a wood road

suddenly appeared staring directly at him.

“Hi!” yelled the barber, waving his razor which he had carried in his

hand. “Hi! Here he is! This way!”

The crackling behind him grew louder. He could see shadows stealthily

creeping from tree to tree. Of course they thought him armed! They

might shoot! He did not know what to do. He did not want either to be

carved up by the barber or to be blown to bits by a shotgun. His

tongue was like a baked potato and his lungs ached as if with

rheumatism. He could hardly see. There they were--hundreds of them--!

“’S all right, Bill!” he called hoarsely. “I ain’t tryin’ to git

away.”

And he staggered out a few feet between the furrows and fell in a

faint. It was characteristic of him that he had made no attempt to

throw away the hermit’s gold.

Twenty minutes later “Ma” Best, who had been quietly cooking in the

Phoenix House kitchen throughout the whole disturbance, heard a great

shouting down the road and went to the door to see what it was all

about. Over by the “deppo” she could see a crowd of men and boys

pushing or dragging somebody in their midst. The smaller of the boys

danced and capered ahead of the throng, one of them turning fancy

“cartwheels.” Then came Sheriff Higgins, stalking along importantly,

two men with shotguns on either side of him, followed by the barber,

Mr. Perkins the proprietor of the Mohawk Palace, and old Colson the

grocer. Directly behind this cluster of notables--who in a grotesque

way suggested a group of Roman senators escorted by their lictors--at

an interval of perhaps ten feet, walked Skinny the tramp, his face

pale as that of the murdered hermit, hatless, a rope around his neck,

and his hands bound behind his back. The end of the rope was held by

no less a personage than “Toggery Bill” Gookin, who providentially had

happened to be returning from a visit to Zayda the Zingara Gipsy

fortune teller at the moment of Skinny’s capture. From time to time

the haberdasher would jerk the rope as if the tramp were a horse and

the more light-minded in the crowd would cluck and call out “Geddap!”

For the rest, they swarmed along in a mob, yelling, joking, uttering

cat-calls and other vague and meaningless noises.

“What’s the trouble, sheriff?” called out “Ma” Best. “What yer doin’

with Skinny?”

The dignity of Sheriff Higgins did not permit him to make reply.

Instead the crowd yelled at her generally.

“’S killed the hermit!” shouted an urchin. “Murdered him!--Whoop-ee!

Hurray!”

“Murder nuthin’!” snorted “Ma” Best. “You’re jest a pack of

idiots.--Skinny wouldn’t kill a spider!”

“Whee-uup! Whoop! Hurray!” shrieked the crowd in the delight of having

conducted a successful man-hunt, jumping around “Toggery Bill” and his

victim, as a pack of hounds will jump, snapping and barking about the

body of the fox they have run to earth. “Whee-uup! Hurray!--Lynch him!

String him up!”

They had reached the horse-trough and the two men with the shotguns

held back the crowd while Sheriff Higgins relieved “Toggery Bill” of

the rope and led Skinny upstairs to his office. In a moment the

sheriff appeared at the window.

“Feller citizens of Pottsville!” he shouted. “In the name o’ the

People of the State of New York I call on ye to disperse peaceable and

go to your homes. There ain’t goin’ to be no lynchin’ nor nuthin’ like

that. Skinny’s goin’ to the jail and he’s goin’ to stay there until

the Grand Jury has acted on his case which will be day after

to-morrer. Now, there’s no use kickin’ up any fuss or ruction and I

warn ye not to go near Turkey Hollow. Kindly disperse!”

Skinny the Tramp having been treated to a brief and exceedingly crude

variety of the “third degree” in the sheriff’s office, and having

“stood mute,” was transferred to the calaboose, where Sam Bellows,

who, owing to his obesity, could not take any more active part, was

set to watch him. It is doubtful whether Skinny would have made any

further attempt to get away, even if “paroled in his own custody”; for

his flight had been the instant, automatic reaction from a paroxysm of

terror in which he visioned himself as a human torch--not the result

of any genuine hope that he could escape the processes of the law, for

whose far-reaching effectiveness he had in fact a vast respect.

Now that he had been brought back without having been lynched, his

instinct told him to hold his tongue. He was no match for them--not

even for Sheriff Higgins--and he knew it. If he said anything they

would twist it somehow against him. His only hope lay in the quantum

of evidence. Nobody had seen him at the hermit’s shanty, so why admit

that he had been there? That was only common caution. Anybody could

have gold pieces; and if he had left any tracks there was no way of

proving when they had been made. So Skinny obstinately refused to open

his mouth, and sat on a decayed chair in the unsanitary box resembling

a flagman’s shanty which passed for a jail while the youth--the

extreme youth--of Pottsville sat in rows around Sam Bellows, dividing

their attention between comments upon his beauty of person and audible

conjectures as to the probable fate of the murderer within.

Contemporaneously Squire Mason, having in his office reduced to

written form the testimony of Emerson the lumberman, unexpectedly

realized that he was confronted by a disturbing problem in legal

ethics. Here he was, hardly appointed district attorney a week before

the most sensational murder ever committed in the county had occurred

at his very door! It was his chance!--the chance of a lifetime!--a

sure conviction! But--and here was the rub!--were his relations to the

accused such that he could properly conduct the case against him? At

best could he take any more active part in the trial than as a mere

witness, considering the fact that he was trustee of the tramp’s money

and bore to him the confidential relationship of lawyer to client?

Could he even appear against him as a witness? Might not the half-wit,

indeed, have had murder in his mind that very morning when he had

asked him if “anything ever really died?” The squire’s hopes wilted at

the thought and his heart fell. Why, it was the biggest opportunity

for legitimate notoriety since the Rosenthal murder! It was ridiculous

to let a little thing like the fact that he was Skinny’s trustee make

any difference! No one would in fact need to know? If Skinny remained

mute, as he apparently intended to do, it probably would never come to

light,--at any rate not until Hawkins had been convicted, and then it

would sink into insignificance in the blaze of his glory. There was

nothing to connect him with Skinny in any way, for the five

twenty-dollar bills which he had delivered to the tramp that morning

had not been found upon him when he was arrested. No,--the chance was

worth taking. A brave man would take it; and fortune always favored

the brave!

Squire Mason, however, was not the only brave man in Pottsville, for

Sheriff Moses Higgins meanwhile had started for Turkey Hollow to make

an examination of the scene of the crime. With him in the flivver

officially designated as “Lizzie” were Emerson, the lumberman, the two

armed deputies and Mr. Pennypacker, the photographer from Somerset

Corners, for the sheriff was up on all the latest modern methods of

detecting crime and knew just how it should be done. And some day they

would all have to be witnesses and testify to exactly what they had

seen.

They left the flivver where the wood road from the Hollow joined the

highway and walked in the rest of the way on foot. It was a

circumstance commented on by all of them that the sheriff’s order,

that nobody should visit the scene of the murder until he had done so,

had been strictly obeyed. But the ghastly corpse of a murdered man is

its own best guardian--particularly if it be that of a hermit lying in

his blood--alone in a bosky, lonely spot--with evening coming on. The

peaceful inhabitants of Pottsville had no great hankering to see how

the dead hermit looked, much preferring the less grim sport of

tramp-baiting. So the five men met no one on their way; neither did

any sound break the silence of the woods about them.

An unexpected pall descended upon their spirits. It had been great

sport to jump into a motor with guns and cameras, and whirr off

consequentially in a cloud of dust, leaving the staring crowd gazing

enviously after them. They had even cracked jokes while they were on

the road. But now, with the sun already behind the ridge that framed

the Hollow upon which the shadows were closing steadily as if night

were about to clutch it in its fingers, with no sound save the creak

of their own boots or the gibber of a chipmunk in the alders to break

the deathly silence of the woods, they found conversation difficult.

The men with the shotguns felt fairly comfortable--although of course

it would be a cinch for anybody lurking in the bushes to shoot the lot

of them. But Sheriff Higgins, who although a sheriff and the Supreme

Exalted Ruler of the Sacred Camels of King Menelik had never seen a

dead body and was more of a “family man” than a bloodhound, and “Cy”

Pennypacker, whose most daring adventure had been to invite Zayda the

Zingara vamp to his studio to be photographed--for which he paid

heavily afterwards at home, and who now, owing to the weight of his

camera and plate holders, found difficulty in keeping up with the

others,--both these worthies secretly began to wish that they could

escape the duty which lay before them.

“Ssh!” suddenly whispered Emerson, and they all jumped; then stood

tensely in their tracks.

Far up on the dark hillside could be heard at intervals of a few

seconds the snapping of twigs.

“That’s a long ways off!” said the sheriff inconsequently.

They resumed their pilgrimage at a somewhat lessened pace; but at last

they could see the opening-up of the trees against the sky that marked

the hermit’s clearing.

“Hold up a second!” remarked the sheriff nervously. “Le’s decide about

this thing! Suppose you fellers with the guns go first--so’s to be all

ready--an’ then I’ll come right along----”

“Look here, Moses,” retorted one of the gunmen. “I ain’t got no

partic’lar objection to goin’ first, but you’re sheriff an’ I reckon

it’s up to you.”

Mr. Higgins hesitated. As Patriarch of the Sacred Camels it would not

do to permit any intimation of pusillanimity upon his part to get

abroad.

“Guess you’re right!” he remarked carelessly. “Gimme the gun.”

“What for?” demanded its owner. “You don’t need no gun to shoot a dead

man!”

“I know that ’s well as you do!” retorted the sheriff. “But wha’d you

bring a gun fer if there wasn’t no use fer it?--Le’s go up together!”

Thus reinforced the sheriff and his companion cautiously approached

the open door of the hermit’s shanty, on which the shadow of the ridge

had already fallen and was now slipping across the potato patch

towards the edge of the woods. On the threshold they paused. Then the

sheriff, swallowing, thrust in his head. It was so dark that at first

he could see only the face of the hermit’s old clock leering at him

out of the dusk. Then gradually he made out the crumpled bundle that

had been the hermit, lying in front of it. A grimy fist protruded from

beneath the covering. The sheriff bent over gingerly and took hold of

one corner of the comfortable. Then he withdrew his hand quickly. The

bedding had been lying upon the floor and was soaked in blood.

“God!” shrieked the sheriff and tottered out of the shanty.

“What’s th’ matter?” demanded Emerson rudely.

“There’s blood on everything--all over the place!” gasped Higgins.

“Well,--didn’t you look at him?” continued the lumberman brutally.

“I’m goin’ to, soon’s I kin git the blood off’n my hands!” returned

the sheriff valiantly.

He rubbed his fingers ostentatiously in the grass. Then he crept back

to the door of the shanty and looked in. The man with the gun poked

the comfortable off the hermit’s body.

“P’thah!” coughed the sheriff recoiling. “P’thah!--Somebody else

search that body--I can’t!”

He leaned heavily against the outside of the shanty and lowered his

head.

Nobody in Pottsville went to bed that night, and next day both local

clergymen preached rival sermons upon the text, “Thou shalt not kill.”

Also, although few of the inhabitants had taken the slightest interest

in the hermit during his life, except to deride him as a crank and a

drunkard, there was universal mourning for him now that he was dead;

for it was felt that in a way his presence in the Hollow had given a

certain distinction to the township which otherwise it would not have

had. It was a great moment for Pottsville. And so were the days

following during which the Grand Jury indicted Skinny for murder and

the case of “The People vs. James Hawkins” gradually built itself up,

block by block, “line upon, line,” “here a little and there a little,”

circumstance upon circumstance, until his guilt seemed established

beyond the utmost requirement of the law.

Then the gipsies, having weathered the rather superficial

investigation of the prosecutor, moved on to the “Sunny Southland” or

wherever it was that they were going, and six weeks later Local Lodge

No. 948 of the Brotherhood of Abyssinian Mysteries convened at

Somerset Corners to debate whether the fact that James Hawkins was an

ex-member entitled him to pecuniary assistance for the purpose of

retaining counsel, upon the broad theory that once a Sacred Camel of

King Menelik--“always a camel.” For he had given the high-sign for

help and the Treasury of the Hibernating Hoboes of Hesperides was

empty,--since the twenty shiny new five-dollar gold pieces which had

been found in Skinny’s pocket upon his arrest had been removed

therefrom and now reposed in the safe of the district attorney as

evidence against him.

Thus came opportunity to the door of Hezekiah Mason for the second

time; for in his widely heralded prosecution of Skinny the tramp, he

perceived “a stepping stone to higher things,”--not on his own “dead

self” but on the “dead selves” of Skinny and the hermit. Had not one

well-known public prosecutor, he told himself, leaped into the

gubernatorial saddle, and for a space held the reins of office, merely

because he had convicted a policeman of participating in the murder of

a gambler? Why should not he do the same for convicting a

distinguished tramp of the murder of a famous hermit? Indeed, who

shall quarrel with his logic?

“Tutt,” said Mr. Ephraim Tutt, of the well-known, if not celebrated,

law firm of Tutt & Tutt, on entering his office the morning after the

meeting of the Abyssinian Brothers, “kindly take a look at this!” And

he held out a night-letter telegram.

“Somerset Corners, N.Y.

“Tutt & Tutt, Attorneys-at-Law,

“61 Broadway, N. Y. City.

“Local Lodge Nine Hundred and Forty-eight, Abyssinian Brotherhood,

desires retain you to defend James Hawkins, otherwise known as Skinny

the Tramp, indicted for murder of Hermit of Turkey Hollow

twenty-seventh last May. Our resources limited to two hundred and

fifty dollars cash. Trial takes place next week. Kindly advise whether

you will accept retainer.

“Silas Higley,

“Grand Supreme Scribe, Sacred Camels of King Menelik, Brotherhood of

Abyssinian Mysteries.

“_Collect._”

“Well,” commented his sprightly partner, the lesser Tutt of the two,

“I observe that they prudently sent their invitation at our

expense.--You don’t seriously consider bothering with any legal junk

like that?”

Mr. Tutt paused in applying a match to the rat-tailed stogy which

drooped from his wrinkled lips.

“I wouldn’t miss it for a farm!” declared he. “A country murder

trial?--Why, it’ll be a regular vacation for me!”

“There be no money in it!” growled his junior partner. “And it’ll take

you a week.”

“Who asks money,” demanded Mr. Tutt, striking an heroic attitude,

“when innocence calls for succor? Could any true-hearted member of the

bar--if he had a trace of romance in his soul--refuse to defend a

prisoner known by ‘form and style’ as ‘Skinny the Tramp,’ especially

if he be charged with murdering a hermit, and still more particularly

if requested to do so by the Order of the Sacred Camels of King

Menelik, whose invitation is a command? What, may I ask, are hermits

for--but to be murdered?”

“You’re incorrigible!” sighed Tutt. “I suppose the whole office will

be depleted.”

“No--I’ll try the case alone!” replied his senior, “I’ll merely send

Bonnie Doon up there to look around a little and hear what my client

has to say for himself, and then I’ll go up a couple of days before

and examine the witnesses personally--I’ll have the time of my life.”

“Yes! And incidentally you’ll waste a week or ten days and end by

paying all the expenses of the trial yourself.--I know you!”

“Well, what else have I got to spend my money on?” retorted Mr. Tutt.

“I might as well spend it on keeping an innocent tramp out of the

electric chair as anything else!”

Now, as Tutt, the lesser, knew that Tutt, the greater, would

eventually do exactly as he chose, the argument then and there died;

and the up-to-date Mr. Bonwright Doon, that extraordinary combination

of law clerk, ambulance-chaser, detective and man-about-town who had

attached himself to the firm was at once despatched to Pottsville, as

Mr. Tutt’s _avant courier_, where he in due course interviewed Skinny

the Tramp in the calaboose, gave Squire Mason the “once-over,”

fraternized with Sheriff Higgins and his fat-boy deputy, Mr. Sam

Bellows, attended a Lodge Meeting of the Sacred Camels of which--as

well as of many similar organizations--he was a member, and after

spending but one night under the hospitable roof of the Phoenix House

won the lasting loyalty and friendship of “Ma” Barrows and of her

daughter Betty, aged nine, whose capacity for peanuts, popcorn,

ice-cream cones and bananas he demonstrated by actual test at Syracuse

to be equal to that of Ringling Bros.’ baby elephant.

Then, having spied out the lay of the land, he returned weighted with

information and wisdom, to make his report to Mr. Tutt,--a report by

no means rose-colored and yet not without hope.

“That town is certainly some hick!” declared the cosmopolitan Mr. Doon

a week later in making his official return. “It’s the variety of

metropolis where they regard an imported cigar as an immorality and

where the height of dissipation is an evening at a Custard Pie Comedy

with Fatty Arbuckle as custardee. It contained no male citizen in

Class 1-A, B or C under the recent draft, but it numbers among its

midst forty-one sacred camels--of which, you may recall, I am one.”

“H’m!” murmured Mr. Tutt, making a mental note.

“Yes!” agreed Bonnie, reading his mind. “Moreover, nothing of moment

has happened there since Artemas Ward gave his celebrated lecture on

‘Fools’ in the P. of H. hall in 1883. Hence this assassination has

naturally excited a heap big local pride. When this tramp-hermit case

comes to the bar there’s going to be such a Roman holiday as the

Mohawk Valley never saw. The rubes are all coming from miles around,

bringing the entire family with ’em and sufficient cold vittles to

last a week, and there’ll be overflow meetings all the way to Utica.”

“No doubt! No doubt!” mused his employer. “But what of my opponents?

What of the _dramatis personæ_ of the contest? And--what of my

client?”

“Your client is a childish nut,” responded Mr. Doon, “who devotes his

life to trying to find the pots of kale at the twin bases of the

rainbow’s arc. From my casual observation I should infer that he was a

trifle less harmless than a cottontail. He naturally asserts he didn’t

do it, and of course maybe he didn’t; but by heck! they’re going to

come awful close to proving it on him.”

“What’s the evidence?” inquired Mr. Tutt, leaning back in his swivel

chair and crossing his Congress shoes on Parker’s New York Criminal

Code which lay open at “Murder” upon his desk.

“All you want,” answered Bonnie cheerfully. “Defendant observed going

towards hermit’s hut a few minutes before the murder, tries to avoid

notice, cry and shot heard, witness bolts to cabin which he reaches in

three minutes and finds hermit dying with gold piece in his hand and a

broken bean-pot on floor beside him, defendant’s pipe left on table,

pursues murderer through woods in general direction of village but

can’t overtake him. Defendant walks into grocery store where all the

boobs are assembled waiting for the weekly shave--at four

o’clock--breathless, excited, blood on his hands--pursuing witness

arrives--also breathless--at four-fifteen and gives the alarm.

Defendant is arrested but when accused refuses to make any statement;

and, if that’s not enough,--his pockets turn out to be full of gold

pieces of the same vintage as the one in the hermit’s hand, and his

shoes fit the marks in the potato patch.--Q.E.D.”

“Did you say this is going to be a trial?” queried Mr. Tutt. “I should

say it was more likely to be an execution.”

“So would I,” assented Bonnie, except for a few minor details. “In the

first place the defendant is a harmless dreamer,--half-feckless fool,

half ‘boob,’ half philosopher and half----” he paused.

“Well?” commented his employer. “Half--what?”

Bonnie still hesitated rather sheepishly.

“Half-gentleman,” he declared in a slightly defiant tone.

Mr. Tutt smiled approvingly.

“Do they know it?” he asked.

“Oh, yes!” answered Bonnie. “But everybody likes a drink of blood

occasionally!”

“What are your other minor details?”

“The prosecutor is a crook--and I’ve got the goods on him.”

“What kind?” asked Mr. Tutt more cheerfully.

“Fifty-seven varieties!” affirmed the ambulance-chaser. “He sticks the

boobs for eighteen per cent on his loans, he sneaks up to Utica once

in three weeks by himself and gets hard boiled, and he looks like the

family portrait of Uncle Jonas Hardscrabble. Besides, although I don’t

know why I think so, I have a feeling he’s got some particular

personal animosity against our client.”

“H’h!” mused Mr. Tutt. “How about the sheriff?”

Bonnie grinned, as with meticulous elegance he removed a cigarette

from a golden case bearing his initials set in diamonds.

“He’s playing the constable in a b’gosh drama up on Broadway. Better

drop in and look him over. And he’s got a posse like the fire hose

company in Old Jed Prouty!”

Mr. Tutt shook his head regretfully.

“I don’t like your setting. The whole country will be

hell-bent-for-conviction on general principles. They’ll want to

vindicate their reputation for law and order and--if they’re in

doubt--instead of acquitting they’ll return a verdict of murder in the

second and rely on executive clemency to remedy any possible

injustice! I know ’em!”

“Mr. Tutt,” replied Bonnie with intense seriousness. “They’re going to

give you the fight of your life!”

Mr. Tutt fumbled in the coffin-like box on his desk for a stogy.

“I surmised as much!” he muttered. “I surmised as much. But--you never

can tell!”

He lit the stogy meditatively and gazed out of the office window

through half-lowered lids.

“You say the prisoner entered the drug store at four o’clock exactly?”

“Yes--that’s absolutely fixed.”

“And his pursuer at fifteen minutes past?”

“Yes.”

Mr. Tutt pursed his lips.

“How far did they have to run?”

“About a mile.”

The old lawyer made a rapid calculation.

“And what time was the murder committed?” he asked suddenly.

“I don’t know,” replied the clerk. “I had no way to find out.”

“Well,” said Mr. Tutt, bringing his feet to the floor with a bang.

“That’s what we’ve got to find out. The whole case turns on it. If our

client fired the shot that killed the hermit and it took the witness

three minutes to reach the shanty and--say--a couple of minutes more

to look around there--then the defendant must have increased his five

minute start to fifteen minutes in a single mile--and if the other man

was running hard I don’t believe he could have done it! No, sir!--He’s

not guilty!”

“And then--there’s the Sacred Camels of King Menelik!” mused Bonnie.

“_And the sheriff is head camel!_”

II

When Lawyer Ephraim Tutt arrived in Pottsville to conduct the

defense of Skinny the Tramp for the murder of the Hermit of Turkey

Hollow, having been retained to that end by the local order of the

Sacred Camels of King Menelik, he found the whole town up and waiting

for him. Having with his customary equanimity deposited his bag at the

Phoenix House and eaten his dinner, he strolled into the kitchen and,

as was his wont, endeavored to gain some knowledge of local color,

politics and personalities, including that of the client for whose

life he was responsible, by engaging genial “Ma” Best, the

proprietress, in conversation.

“Why, bless your heart, Mr. Tutt!” she assured him after she had wiped

her hands upon her apron and invited him to a seat in the broken-down

rocker beside the wood box, “there ain’t no gentler, kinder soul than

Skinny in the whole county! I’ve known him all his life and his ma

afore him. He’s just a pore, harmless critter that wouldn’t hurt a

fly. Many’s the time I’ve seen him put a baby bird back into the nest

that had fallen out. O’ course he’s kind o’ weak in the upper

story--but he ain’t crazy by a long shock, an’ there’s some things he

knows a lot more about ’n most folks.”

“Will you testify as a witness to his good reputation?” asked Mr.

Tutt.

“Indeed I will!” she declared warmly. “And so’ll half the people in

Pottsville--the children, anyways! Now what would you like for your

supper?--Griddle cakes?”

* * * * * *

Those of our readers who have journeyed from London down to Epsom on

race day may be able to form some notion of the condition of affairs

in the environs of Pottsville upon the opening morning of the trial of

Skinny the Tramp. Long before the light of the stars had paled before

the coming dawn--e’en before the glowworm had bid the matin to be

near--lanterns flickered in the doorways of distant barns and bobbed

down country roads beneath the bouncing axles of antique buggies and

carry-alls bearing the sleepless inhabitants of the Mohawk Valley to

the legal colosseum of Somerset County. By sunrise Main Street was one

long line of flivvers, while the race track recently occupied by the

Zingara Gipsies was crowded with every variety of antediluvian vehicle

of locomotion,--parked axle to axle.

When at eight o’clock Sheriff Higgins unlocked the door of the court

house the stampede which followed filled every bench in less than

thirty seconds. Competition for the pleasurable and exciting privilege

of sitting upon the jury was keen and the box having been quickly

filled by eleven o’clock, old Judge Tompkins was able to direct the

prosecutor to open his case.

“Silence in the court room!” cautioned the sheriff pompously. “Silence

in the court!--All them folks as wants to go out--git out now--or set

still!”

This invitation being disingenuous and not meant to be taken seriously

since obviously nobody wished to withdraw,--there being, on the

contrary, by actual count three hundred and sixty-one persons packed

against the outside of the door who were anxious to get in,--everybody

accordingly sat still,--except for that slow, uniform, rhythmical

facial movement which now characterizes the entire American nation

while viewing any spectacle. Sheriff Higgins thereupon sat down

heavily himself, by so doing seeming coincidently to elevate Squire

Mason, as upon the other end of the seesaw of public attention. The

trial was on in earnest,--the biggest event in the Mohawk since Abe

Lincoln showed himself on the back platform of his train when he came

through on his way to Washington in 1861. Some of the old codgers who

had seen him then--as little boys--were even sitting in the court room

now,--and more than one commented on the striking resemblance between

him and Lawyer Tutt.

And now Squire Mason, in a new, light blue, broadcloth suit, bowed to

Judge Tompkins, wiped his massive forehead with a parti-colored

handkerchief, took an ostentatious sip from the discolored glass of

water upon the deal table in front of him, replaced it carefully, shot

a defiant and contemptuous glance in the direction where Skinny the

Tramp sat with Mr. Tutt, cleared his throat, and having thus, by

convolutions only somewhat less complicated than those of a Bush

League pitcher but serving much the same purpose, given due notice

that he was about to deliver the ball and that everybody had better

look,--Squire Mason, we say, began his great opening address to the

gentlemen-farmers of the jury who had in their keeping the life of

Skinny the Tramp.

Having first outlined the entire history of the law of homicide

beginning with the well-known Cain-Abel murder in 4000 B.C. he

proceeded, by vocal stages of approximately twenty parasangs each,

through the pages of Holy Writ, not excluding the Apochrypha,--and

referring specifically to both the Judith-Holofernes and the

Jael-Sisera cases,--touched briefly upon the lex talionis, the Salic

law, and the development of the ecclesiastical courts,--and finally

burst into the full flower of rhetoric along with the abolition of

benefit of clergy in 1825. As a symposium of miscellaneous penological

information it was something very fine indeed,--although it had

nothing to do with Skinny the Tramp or the Hermit of Turkey

Hollow,--and the jury, hardened by generations of country sermons--not

only accepted it as their due but drank it all in with rapturous

delight. And at length--as befitted its importance both to the jury

and to him--the Squire came to the matter in hand and that is where

this story really only begins,--the story of the fight for a human

life.

Some time on the afternoon of Saturday, May twenty-seventh last,

declared the Squire, an innocent, helpless old recluse was shot to

death in his shanty in Turkey Hollow. Obviously robbery had been the

motive, since the dead man still clutched in his hand a piece of gold

and upon the floor lay a shattered earthen receptacle which had

doubtless contained others. There were only two persons known to be

anywhere in the neighborhood at the time, James Hawkins, alias Skinny

the Tramp,--the prisoner at the bar,--and Emerson, the lumberman who

had been cutting pea sticks in the Hollow, who had heard the shot and

had hurried at once to the scene of the murder and later given the

alarm. The squire here paused for increased emphasis.

However, he remarked, the murderer, like most murderers fortunately,

had not made his escape without leaving the evidences of his identity

behind him. Not only had he left his pipe, but fresh in the rich earth

of the hermit’s potato patch were the prints of a heavy pair of boots,

the soles of which were thickly studded with nails. He would in due

course exhibit to them an enlarged photograph of said footprints taken

on the very afternoon of the crime by Mr. Pennypacker, who ran the

gallery over to Somerset Corners. Again he paused significantly, and

looked at Skinny the Tramp.

Who, he asked, had worn those fatal boots? Whose guilty feet had left

those telltale prints? The same person, he answered dramatically, who

at four o’clock had stumbled, disheveled, out of breath and

blood-stained, into Colson’s Grocery and called for a bottle of root

beer that Saturday afternoon--and in whose pockets had been discovered

the balance of the gold pieces representing the hermit’s hoard--the

defendant!

A murmur in which were blended astonishment, horror and admiration

arose from the crowded benches, showing that for the first time the

audience realized the gravity of what was going on,--that not only an

innocent man had been killed but that there was sitting within reach

of their fingers the man who had killed him and whom the law now

sought to kill in return. Beneath the table Mr. Tutt patted the knee

of Skinny the Tramp, indicating a confidence which he by no means

felt.

Then the prosecutor proceeded to drive a few more nails in Skinny’s

coffin. When the defendant had been arrested, he informed the jury,

the latter declined to make any statement, either of explanation or of

denial, in his own behalf. He had simply stood mute, giving by his

trembling limbs, his averted eyes and the chalk-like color of his

face, every evidence of a guilty conscience. Then Mason told the jury

with an air of melancholy how he hated to be compelled to prosecute

any human being for a crime--much more for a murder--but that it was

his solemn, sworn duty to do so, just as it would be theirs under the

circumstances to convict; and--called Charlie Emerson to the witness

chair.

If, at this point, the reader should begin to speculate as to what, if

any, is the underlying purpose of this story, let us hasten to state

that its object is to demonstrate that sometimes the trial of an

action in court under our rules of evidence is less a search for the

truth than it is a game of legal chess.

There are two lessons to be drawn from the case of Skinny the Tramp.

The first is, that the trial-lawyer, like the general, must be ready

instantly to change his tactics to meet new situations as they arise,

and that the prosecutor or attorney for the defense who goes into

court with a hidebound theory as to his case is apt to leave his own

hide behind him neatly hammered to the court room wall. He should

realize that the whole actual truth concerning any human happening is

never known, being never learned in court because the witnesses,

well-meaning though they be, are human,--fallible as to observation,

memory and the power to express their recollection of what they think

they originally saw and heard. In a word, the real or absolute truth

is never the legal truth, and as what the legal truth under the

technical rules of procedure is going to turn out to be can rarely be

foreseen it is usually idle to speculate much about it. Therefore, he

should go boldly into court, listen calmly while the witnesses on both

sides tell their widely divergent stories, and then--and not until

then--devise the theory upon which he may excusably demand judgment

for his client or the acquittal of the prisoner. This requires, to be

sure, self-control, ingenuity and audacity; the restraint of a Foch

awaiting the precise moment to counter-attack; the self-trust which

the philosopher Emerson says is the essence of heroism.

But Mr. Tutt knew well that the expected never occurs,--except when

the expected is the unexpected. Thus he always went into a trial with

an entirely open mind,--committed to no hypothesis,--and ready to go

to the mat in a catch-as-catch-can on law or fact, or--to run like a

jack-rabbit. The unknown quantity was both what he dreaded and also

what he gambled on. He was an opportunist of opportunists, on the

alert to snatch victory out of defeat, making shining virtues out of

adroitly concealed necessities, scrambling to his feet with a benign

smile just as he was about to be counted out. The only generality to

which he subscribed was, “You never can tell!” In a word, Mr. Tutt had

a high confidence in his own star, and as he never acknowledged

defeat, nobody ever knew when he was beaten, an adverse verdict being

to him only the starting point for a renewal of the battle in which he

had, at least, an even chance of outwitting his antagonist. He held

that the best preparation for a day in court was a sound sleep the

night before, an hour’s exercise, and a hearty breakfast followed by

what he called a Wheeling Corona-Corona. But not all of us have the

equipoise of Ephraim Tutt.

Now, the other lesson to be deduced from the trial of Skinny the Tramp

was that the best rule in examining witnesses is to have no rule at

all,--which is very much the same thing as “You never can tell!” There

is no more any hard and fast rule for the examination of a witness

than there is for arguing with your stepmother. It “all depends.” The

lawyer who says that you must never let a witness leave the stand

without exhausting his information is just as wide of the mark as he

who claims that the only safe cross-examination is no

cross-examination and that the best cross-examiner is he who does not

cross-examine at all. Yet “no generality is true,--not even this one,”

as the French say; the fact of the matter being that cross-examination

is obviously a dangerous weapon, usually resulting in more harm than

good--but not always, and that every witness presents a new and

special problem which can only be solved by a subtle and perhaps

instinctive appreciation of his psychology. Generally speaking, it is

a pretty safe plan to ask no questions of a witness who has not harmed

your side of the case, for if you cross-examine you may bring out

something entirely unexpected to your great and everlasting detriment.

“Leave well enough alone.” That is the path of prudence--and yet--not

always! But let us not anticipate.

Emerson, the lumberman, like many another man of limited education, in

addition to an astonishingly accurate memory for detail, showed

himself to have a gift for picturesque description which made him a

graphic and convincing witness for the prosecution. He was obviously

unbiased, absolutely clear, positive in all his statements, and

careful,--as both the judge and the prosecutor took pains to instruct

him to be,--to answer only the exact questions put to him.

This, of course, is the regular and proper rule, for if a witness is

permitted to volunteer testimony he is almost certain to violate every

rule of evidence within the first thirty seconds. But in the case of

Emerson there was a particular and vital reason for such a caution on

the part of the prosecutor which was known only to him, namely, that

for tactical reasons it was imperative that certain features of his

testimony should be suppressed.

Now it is the general rule of the law that the lawyer who calls a

witness to the stand in the first place vouches for his integrity and,

in the second, commits himself and his case to the truth of the

proposition of fact that the witness is called to substantiate. But

there is a qualification upon this rule, which is that technically the

lawyer is bound by his own witness only upon those subjects upon which

he sees fit to examine him; and, if later, his adversary brings out

from the same witness new facts upon other subjects, the lawyer who

originally called him may attack the witness as hostile, discredit him

as to those facts, and controvert them if he can.

Yet, underlying all rules is the universal principle of sound ethics

and common decency which hold true both in law and in life as a whole,

that we must conduct ourselves at all times and places as gentlemen

and sportsmen, whether in court or outdoors, until we join the choir

invisible and have no longer any moral problems. In other words, the

lawyer has got to play his game fairly and if, on the one hand, he

calls a witness to prove a certain fact knowing that the witness is

mistaken, or, on the other hand, knowing that his witness is telling

the truth about a certain fact induces the jury or the judge to

believe that the witness is mistaken, that man is a liar, a cad and a

shyster and ought to be disbarred.

Now, Squire Mason was up against a most unfortunate, tantalizing and

exasperating situation with regard to this, his principal witness,

which was that although Emerson had taken only a few minutes to reach

the hermit’s shanty after hearing the fatal shot, and had lingered

there but a minute or two more and had then hurried hot foot to

Pottsville, arriving there within fifteen minutes of the time Skinny

also reached town, which is to say, considering that the murderer had

at least a five minute start, almost at his heels,--nevertheless, and

this is the crux of the case, he was prepared to state definitely and

unequivocally, if asked the time at which he found the hermit dying,

that it was four o’clock exactly--which as we know, and Squire Mason

also perfectly well knew, was the precise moment at which the tramp

entered Colson’s grocery store a full mile away. If this were true,

then James Hawkins, no matter how strongly circumstances pointed

towards him as the murderer, could not be guilty.

Thus, if District Attorney Mason should elicit “the truth, the whole

truth, and nothing but the truth” from Emerson,--which was what he was

in duty bound to do and what Emerson had sworn to tell,--the

prosecution would establish a perfect alibi for the defendant from the

lips of its own chief witness. Therefore Mason had resolved to refrain

from asking the lumberman any question bearing upon the time of the

homicide, and in order that no one else might suspect what Emerson

might be able, if questioned, to say upon this important topic, had

slipped him twenty-five dollars and instructed him that the interests

of the public--particularly that of the Mohawk Valley--demanded that

he should absent himself from his customary haunts until he should be

needed at the trial.

Of all this, naturally, Mr. Tutt was wholly ignorant and he had come

to Pottsville with no other defense than the rather shaky argument

that Skinny could not have fired the shot that killed the hermit and,

with only a five minute start, have increased his lead over the

pursuing Emerson to fifteen whole minutes in a single mile. It had,

according to his theory, taken the lumberman only three minutes to

reach the shanty after hearing the shot, and he was out of the place

again and hot on the murderer’s trail in two minutes more. That meant

that he was only five minutes behind when he started in pursuit. Now,

as Mr. Tutt was going to claim, a man could run a mile in less than

ten minutes, and hence it was manifestly impossible that Skinny could

have reached Pottsville fifteen minutes ahead of Emerson--if he were

guilty.

This plausible--but distinctly Tuttian--argument depended, however,

entirely upon the assumption that Emerson did not take more than three

minutes to get to the shanty after hearing the shot, did not stay in

its vicinity for more than a couple more, and had run at top

speed--without pause--all the way to Pottsville,--assumptions that had

little to sustain them, and had small appeal compared with the

overwhelming mass of circumstantial evidence that pointed to the tramp

as the murderer. Mr. Tutt realized full well that his defense was a

flimsy one, since in all probability Emerson had been fully fifteen

minutes behind the fleeing assassin when he had started for the town

and at best had probably done no more than hold his distance, if

indeed he had succeeded in doing that. Yet, although so far as Mr.

Tutt was aware, this ephemeral syllogism was all that stood between

his client and the electric chair, nevertheless, and had he only known

it,--according to Emerson’s full story related privately to

Mason,--Skinny had an iron-clad, copper-fastened, dyed-in-the-wool,

unimpeachable and perfect alibi. It was this full story--the “whole

truth”--that Mason now set himself to conceal in the hope that it

would never be known, for as long as the exact time of the murder

could be left vague and undetermined the alibi would be valueless. So

the shifty Squire carefully omitted to ask the lumberman any question

as to the hour except when it was that he had started in to cut his

pea sticks,--which had been two o’clock.

“There had been a smart shower,” said he, “and some thunder--but the

sun had come out real bright agin. I was about three hundred yards

from where the hermit lived--most through with my job--I’d cut a

hundred sticks and I only wanted a hundred and a half--when I heard a

holler from the direction of the house follered by a shot.”

“Yes.--Go on!” directed Squire Mason ominously.

“I run over there as fast as I could. The door was open. I called out

but got no answer, so I went in. The shanty was hot--for the winders

were closed--and it was sort o’ dim in there--and then I hearn a kind

of cluckin’ sound and I see the hermit lyin’ on the floor--he had

toppled over on his back--and the blood was frothin’ out of his mouth

where he was tryin’ to breathe.”

“Proceed,” said the court. “What else did you observe?”

“I stepped over to where he was lyin’ an’ lifted up his head so’s to

look in his face. I remember there was a great big moth flappin’ like

mad inside the window. It skeart me. Then all of a sudden the hermit

stopped breathin’--the moth flew out the door--and I knew he was

dead--murdered.”

“Do you object to the word ‘murdered,’ Mr. Tutt?” inquired the court.

“No, your Honor,” replied the old lawyer. “The poor man was

undoubtedly murdered.”

“Very well, go on,” continued Judge Tompkins to the witness.

“I threw somethin’ over him and looked ’round for a second or two.

There was a busted bean pot lyin’ under the table and I noticed the

hermit had a gold piece clutched in his fist. The rest of the shanty

looked same as usual.--So I ran right out and listened. I could hear

some one crashing through the brush and I followed after towards the

town, but he beat me to it.”

The court room was as still as the hermit’s death chamber.

“Did you see any footprints in the garden patch?” asked Squire Mason.

“I did. Sure. An’ I showed ’em both to the sheriff and to Mr.

Pennypacker, the photographer.”

“When you went back there with Sheriff Higgins and Mr. Pennypacker was

everything in and around the shanty the same as when you were there

the first time?” asked Mason.

“Just the same. No one else had been there,” declared Emerson.

“That is all!” announced the prosecutor in a tone of triumph. “You may

cross-examine, Mr. Tutt.”

Mr. Tutt did not immediately arise to his feet. It was of course

obvious to him that Mason had refrained from eliciting the time of the

murder from Emerson. Time and place were the inevitable bases of all

testimony. Why had he done so? It was conceivable that the witness was

entirely at sea about the time and hence that his evidence regarding

it, if given, would have been of no value. That was more than

probable, in which case it was natural enough that the district

attorney should not have gone into the matter at all. But there was

also--Mr. Tutt recognized--another possibility, so remote as to be

almost theoretical,--that Emerson did know the time at which he

entered the shanty and that Mason was deliberately holding it back. If

this were so he was doing it for a reason and what reason could there

be?

Mr. Tutt was face to face with one of the greatest dilemmas of his

life: if Emerson knew the time of the shot and it was such as to give

Skinny time to have fired it and reach the village by four o’clock,

that fact, if he brought it out, would be of inestimable damage to

him,--but, if by any chance--oh, could it be!--that the shot was fired

so close to four as to make it unlikely or impossible that Skinny

could have fired it and yet arrive at Colson’s at four, the answer

might acquit him! “The Lady or the Tiger”! Which was it? Mr. Tutt

thought hard. Was Mason concealing the time, or was he luring his

adversary into a trap? For, if Mr. Tutt himself adduced the fact that

the murder occurred, say, at a quarter to four his client would be

doubly damned. A bit of supposedly unexpected evidence elicited on

cross-examination by a party to whom it is harmful is invariably more

damaging than if brought out by the party who has called the witness

in the first place. On the one hand it was a great temptation for Mr.

Tutt to waive the witness from the stand with a nonchalant, “No

questions!” as if his testimony contained nothing damaging to the

defense; but on the other it might be his last chance of proving even

the approximate time of the murder. Sly old dog that he was, he

resolved to try to steal whatever advantage might lie in both courses.

So, without getting up, he waved his hand towards the window and

remarked in the most casual manner possible:

“No questions.--Thank you, Mr. Emerson, for your very vivid word

picture!” And he busied himself with his papers.

Then, as the witness was about to descend from the platform, he looked

up hastily and said in a tone of apology:

“I beg your pardon. I forget whether you happened to mention the hour

at which you visited the shanty the first time.”

Emerson smiled. Without taking his seat he answered:

“No, I didn’t mention it.”

“Do you know?”

“Yes.”

“What time was it?”

Emerson turned to the jury who were leaning forward expectantly.

“When I lifted the hermit’s head in my hand I was lookin’ straight

into the face of that old clock of his that stands between the two

windows in the back--and it was just four o’clock.”

“Thanks,” remarked Mr. Tutt quietly, as if the reply held no

particular significance for his client, whom in fact it might well

save. “No other questions.”

The judge glanced at Squire Mason.

“Have you anything further, Mr. District Attorney?”

“No--I have no further questions,” replied the prosecutor, also as if

the matter was not of the slightest moment.

“May I go, your honor?” asked Emerson.

“Yes,--if these gentlemen are through with you,” smiled Judge

Tompkins.

As neither of the gentlemen wished or dared to ask him the fraction of

another question Mr. Emerson forthwith was given leave to depart upon

his business,--which unbeknown to any of them was to take a job as

foreman in a steam lumber mill seventy miles distant, the train for

which bore him thither later that afternoon.

Mr. Tutt settled back in his chair, a heavenly calm descending upon

his previously agonized spirit. Skinny had been snatched from the very

jaws of death. There was nothing to worry about any longer. Skinny the

Tramp couldn’t have been in two places at once, no matter how strong

the evidence against him might be.

Evidently the Squire was a good bluffer. It required real nerve to be

as placid as all that in the face of such a body blow! The prosecutor

took a sip of water, pushed a mass of papers away from him, leaned

over and picked up a large diagram of the clearing, including the

hermit’s shanty drawn to scale. It had been artistically done and

contained no objectionable matter, the location of the body not having

been marked at all, and the various pieces of furniture appearing only

in outline. Next to the cot-bed the most conspicuous object in the

place had plainly been the hermit’s clock.

Squire Mason handed the diagram to Mr. Tutt with stately bucolic

courtesy.

“Any objection to my puttin’ in this here diagram?” he inquired.

Mr. Tutt smiled as he glanced over it.

“_Timeo Danaos et dona ferentes!_” he replied. Then observing the look

of bewilderment upon the prosecutor’s face, he added: “None whatever!

It can be admitted so far as I am concerned, subject, of course, to

correction. Who made it?”

“Miss Gookin,” replied Mason.

“Then I heartily congratulate Miss Gookin on her artistic work!” said

Mr. Tutt, thus making sure of at least one vote, if ever he should run

for governor, from “Toggery Bill,” her father, and gaining high favor

with Mr. Soper, juror Number Eight, who was seeking the lady’s hand in

marriage.

“All right, then--mark it!” said Hezekiah to the stenographer. “Now,

sheriff! Take the stand!”

Just as the prosecution of Skinny the Tramp marked the peak of Squire

Mason’s professional career, so his appearance as a witness at that

same trial was the greatest event in the official experience of

Sheriff Higgins. Being a quiet, home-loving citizen, the Supreme

Exalted Ruler of the Sacred Camels had experienced few of the joys of

publicity and now to be able to ascend the rostrum and, with a real

reporter sent over special from Utiky taking down every word that fell

from his lips, to recount the thrilling narrative of how he had

captured Skinny the Tramp and later secured the evidence against him

through a personal visit to the scene of the homicide while the body

was still warm, to sit elevated high in the court room upon a level

with the judge himself, to feel in his own opinion that he was the

most important figure among the _dramatis personæ_, and that the eyes

and ears of all waited upon him--ah! who that has not had a similar

experience can have the faintest realization of its ecstasy?

Now Sheriff Higgins had looked forward to his coming testimony with

great satisfaction, not only for the reasons just stated, but also

because it would give him an opportunity to indicate publicly what

small potatoes he thought Squire Mason to be. He was in the delightful

position of being able at one and the same time to gratify his vanity,

to do his full duty to the state and also to savor the full venom of

his hatred for an ancient enemy. He proposed to do each in turn and to

do it thoroughly and well, but he was in a somewhat delicate and

paradoxical situation. He had collected the evidence against Skinny,

and was one of the chief witnesses against him; he acknowledged that

logically there was no escape from the conclusion that the tramp was

the guilty party; he was the mainstay of the law in that county and it

was up to him to see that the murderer was convicted; and yet--he

didn’t believe Skinny had done it! No, sir! And the reason was simply

that the tramp wasn’t that kind of a feller, and he and half a dozen

other Sacred Camels were ready--if asked--to say so.

But first, approaching his various phases in order, let us take up the

sheriff’s innocent gratification of his own vanity--in which he

differed not a whit from ninety-nine out of every hundred witnesses.

It is a noticeable thing that once a man finds himself the cynosure of

public attention he feels obliged to picture himself as of heroic

mould. Has any witness since the Creation--we wonder--in any court of

law ever admitted--unless his questioner had the goods on him and he

knew it--that he was in any degree stupid, unscrupulous, negligent,

timid or even slightly impolite or uncultivated? We have never met

one. It cannot be mere boastfulness or vainglory that leads each man,

who kisses the Book and gazes upon the carping features of the jury,

to try and make them believe him the highest type of citizen. He isn’t

and he knows it; and he knows they know he knows it, and yet he will

thrust forth his chest and assume for the nonce to possess every

virtue in the calendar while modestly protesting that there may be

others as good or as brave as he.

We have heard otherwise apparently sensible men confess under oath

without trace of embarrassment, one that he was regarded as the

handsomest man in Rochester, N.Y., another that he was the greatest

mechanical genius in the world, another that he would back his own

opinion on any given subject against that of any ten men and stick to

it even if proven mathematically to be mistaken, another that he had

never told a lie or been guilty of any sort of misleading statement in

his life, another that he had never consciously done anything wrong,

another that he had read every book worth reading in the English

language--and answered categorically “Yes” to some six hundred

separate works such as Burton’s Anatomy of Melancholy and Gibbon’s

Decline and Fall of the Roman Empire--and one, who may have been

telling the truth, that he had never kissed, or been kissed by, a

member of the opposite sex.

The sheriff wasn’t as bad as any of these, but now that it was all

over, his recollection as to his own conduct and demeanor differed

radically from that of his associates at the time. He honestly thought

that he had done things which in fact had been done by others. Anyhow,

someone had done them, so what difference did it make? While,

therefore, the substance of his testimony--as with most witnesses--was

based on fact, the details bore no resemblance whatever to the truth.

As the reader knows, the barber had received Skinny’s surrender, yet

the sheriff unhesitatingly swore that he had reduced him into

possession; the proprietor of the Mohawk Palace Theatre had searched

the tramp and found the twenty five-dollar gold pieces, yet Higgins

managed to give the impression that it was he, and not Mr. Perkins,

who had discovered them; as the reader knows, he had been scared out

of his seven senses when he visited the hermit’s shanty and had

refused to touch the body, and he now was obviously under the firm

impression that he had walked boldly in, uncovered the corpse,

searched the clothes upon it, inventoried the furniture and in general

conducted himself with the brilliant audacity of one of Dumas’ heroes

and the astuteness of Mr. Sherlock Holmes; which, to tell the truth

nobody would have minded in the slightest degree, least of all Mr.

Tutt, for the slab-sided old sheriff was a good old scout, a deacon in

the Baptist congregation, as well as the leading Sacred Camel in that

part of the Mohawk--had it not been for what Squire Mason regarded as

his deliberate act of treachery in giving Skinny a good character--all

of which we will set down in due course. By the time he was called to

the stand Mose Higgins was almost of the same mind as the Sheriff of

Nottingham in the opera of Robin Hood when he said

“You may search aye,

But you never will descry

Such a wonderful man as I!

. . . . .

I never yet made one mistake!

I’d like to--for variety’s sake!”

. . . . .

So in full glory he described first the pursuit and final capture of

Skinny and how he had found his pockets full of the hermit’s gold--the

pieces all dated 1910--shining, lustrous, five-dollar pieces--of

exactly the right sort to make the mouth of any tramp water; then how

the prisoner had positively declined to say a word in defense or

extenuation; and then, warming to his subject, he gave a vivid picture

of his visit to the shanty just at nightfall and how he had discovered

the hermit lying in his gore, with another--the last!--gold piece

clutched tight in his left hand--also dated 1910, Skinny’s pipe upon

the table, and the marks of fresh footprints in the potato patch. It

was all clear as a bell and he figured largely in his own account as

rather a dashing, nervy sort of sleuth who knew just what to do and

had done it.

Squire Mason, well satisfied, turned him over to Mr. Tutt with a

gesture of “now-go-ahead-and-do-your-damnedest!” Now, Mr. Tutt’s

damnedest in this particular instance was not spectacular, but he

nevertheless elicited more than one fact that played an important part

in the denouement of the trial. He knew that the sheriff was friendly

and also was a Sacred Camel, but he also knew that he was an honest

public officer even if he gave himself a little the best end of it.

“Sheriff Higgins,” said he, approaching obliquely what might be called

the “time element” in the case. “What hour was it when you and your

posse left Pottsville for the scene of the crime?”

The sheriff pondered.

“About quarter past five,” he answered.

_Q._ “And how long did it take you to reach Turkey Hollow?”

_A._ “I should say about half an hour--carryin’ the camera and all.”

_Q._ “Was it light when you reached the shanty?”

Now the darker the sheriff made it the greater impression of bravery

would he create upon his auditors.

_A._ “It was gettin’ along towards six--and there wasn’t much light.

Inside, it was pretty dark!”

_Q._ “Was there a clock in the shanty?”

_A._ “Yes.”

_Q._ “Did you notice the time?”

The sheriff hesitated.

“To tell ye the truth,” he confessed with apparent frankness,

“although I’m positive sure I looked at it--must have!--I didn’t get

no real idee o’ the time.”

That helped Mr. Tutt not a whit, so he veered off on another tack.

_Q._ “Rather a gristly scene, wasn’t it?”

One would have said that Sheriff Higgins thought the examination of

dead bodies a pleasant form of light entertainment.

_A._ “Not partic’ly,” he answered casually.

_Q._ “Did you search the body?”

_A._ “Oh, yes--natur’ly.”

_Q._ “What did you find?”

Sheriff Higgins removed with deliberation from his vest pocket a cheap

memorandum book--evidently a recent acquisition--with cardboard

covers, the edges dyed a bright blue. On the outside in letters of

gigantic script appeared the words “Don’t Forget!”

Running his thumb through the leaves, he opened it at the right place,

adjusted his spectacles, cleared his throat and read in an aggressive,

declamatory tone:

_A._ “One fish hook--one copper cent--one piece of string--two loose

buttons--nine cloves--”

_Q._ “What was that?”

_A._ “Cloves--nine cloves----”

_Q._ “Go on!”

_A._ “--one tobacco pouch--five matches--one pipe--one jackknife--one

piece of gum--one piece wax--one nail--one bottle of whiskey--one

smaller bottle of whiskey--one cork, extra--a handkerchief--eleven

large pins--one pencil end----”

_Q._ “Anything else?”

_A._ “And one hundred dollars in bills.”

_Q._ “Is that all?”

_A._ “Absolutely.”

The sheriff closed his book and returned it to his pocket. Clearly

there was nothing in this catalogue to shed any light on the nature of

the murder, except possibly to indicate that the assassin had been in

too much of a hurry to search his victim, which was not a fact

favorable to the defense. So Mr. Tutt moved on to the potato patch.

Here, as all admitted, the sheriff had done some slick work. He had

carefully measured the footprints and then protected them from

disturbance with a low wire fence. The earth had been soft and squashy

and each one had been as distinct as a fossil in the museum. He had

brought along one of Skinny’s boots and it fitted into each print

exactly! Even the broken down heel was perfectly reproduced. There was

nothing to be done about it so Mr. Tutt handed the sheriff a few large

bouquets to put him in a good humor. Then he asked:

_Q._ “Known my client for some time, have you, sheriff?”

_A._ “Since he was a boy.”

_Q._ “Does he come from around here?”

_A._ “Yes. He was born over Holbrook way.”

_Q._ “Parents living?”

_A._ “No--he’s an orphan.”

_Q._ “Do you know his reputation for honesty, peace and quiet?”

“Look here!” interjected Squire Mason. “You’re makin’ the sheriff your

own witness.”

“I’m perfectly well aware of that!” replied Mr. Tutt calmly.

_A._ “I do.”

_Q._ “What is it?”

The sheriff looked round the room slowly as if to call those present

to corroborate him.

_A._ “There ain’t a quieter, honester, more law-abidin’ citizen in

this here county than Skinny Hawkins,” said he with conviction.

_Q._ “Ever know him to do an unkind act?”

“I object!” shouted the Squire, springing to his feet. “That ain’t

proper and you know it.”

Judge Tompkins smiled indulgently.

“Oh, I’ll give Mr. Tutt some latitude. It’s a serious case!” said he.

_A._ “No,” answered the sheriff. “I never did. He’s got a real kind

heart. He wouldn’t kill a grasshopper!”

Mr. Tutt bowed.

“Thank you kindly, sheriff!” he remarked. “That is all!”

Now Squire Mason had heard this testimony with rising indignation.

Moreover, his rejection as an Abyssinian Brother by the Order of the

Sacred Camels of King Menelik rankled in his bosom. And he did not

propose to let the sheriff get away with anything like that.

“Hold on a minute!” he cried, as Mr. Higgins prepared to descend from

the chair. “You’re sheriff of this county, ain’t you?”

“I be!” retorted the witness. “That is, I was a minute ago an’ if

nothin’ ain’t happened since----”

“It’s your business to get th’ evidence agin’ criminals and convict

’em, ain’t it?” snapped the squire.

“If I think they’re guilty,” answered the sheriff.

“None of your business to try to help ’em, is it?”

“I ain’t tried to help nobody!” shot back the sheriff indignantly.

“I’ve done my duty in this case better’n most!”

“Brave feller, ain’t ye?” said the Squire with scorn.

“Brave as you be, I guess!” countered his adversary.

The judge, Mr. Tutt and the jury were all enjoying the sideshow.

“Ain’t it a fact you was so skeart when you went to the shanty you ran

out and was sick? An’ wouldn’t go back?”

Sheriff Higgins stood up and waved his long arms, almost speechless

with rage.

“It’s a gol-durned lie!” he shouted. “Who told ye that, I’d like to

know?”

“Gentlemen! Gentlemen!” cautioned his honor. “The personal courage of

this officer is not an issue. Call your next witness, Mr. District

Attorney.”

It was true that Mr. Tutt had not scored heavily since he had failed

in his most important attempt--that is, to corroborate through the

sheriff’s testimony the general accuracy of the hermit’s timepiece,

but he had at least secured an official recommendation for Skinny’s

character and he had got Squire Mason quarreling with one of his

principal witnesses. That was a good deal. Incidentally, although it

got by him at the moment, he had gained something else, the importance

of which did not appear until later. Still, nothing made any real

difference, one way or another, so long as he had a perfect alibi for

Skinny safely tucked away in his sleeve. In the feeling of confidence

engendered by this knowledge--and in the delight of having set the

prosecutor at logger heads with the sheriff--Mr. Tutt’s spirits rose

to such a degree that he became positively playful--as light-hearted

as a colt loosed in a clover-field. Alas that legal pride is so often

doomed to fall! That the happiness of one moment in the court room is

so often the despair of the next! Alas for the colt who feels his

oats--for he is sure to kick himself into some sort of a tangle!

Mr. Tutt pleased as Punch with the case, chatted gaily with the jury

and assured Skinny that he would have him out and walking the street

in forty-eight hours--a free man. So elated was he that he gave only

perfunctory attention to the prosecution’s other witnesses, until the

boots worn by the defendant when arrested were put in evidence and Mr.

Pennypacker was called to identify his photographic enlargement of the

footprints in the hermit’s vegetable patch. No, there wasn’t the

shadow of a doubt about it--they were Skinny’s footprints! Yet,

however interesting that fact might seem to the jury, Mr. Tutt rested

secure in the knowledge that his client must have been far away from

there when the hermit had been killed.

Mr. Pennypacker seemed a pleasant sort of person and Mr. Tutt having

nothing better to do proceeded to engage him in agreeable

conversation. What time had he taken the photographs? About six

o’clock. Rather dark? Not particularly, but of course he had had to

make a time exposure. How long? Thirty seconds. How many exposures did

he make? Four. How many plates had he brought with him? A dozen. Did

he use the other plates for anything?

Mr. Pennypacker nodded.

“I photographed the interior of the shanty.”

“Ah!” exclaimed Mr. Tutt eagerly.

No photograph could harm him. Nothing could hurt him now! Why had not

Mason put them in evidence?

“Have you the prints with you?”

Mr. Pennypacker affably leaned over and produced them from a package

beside him, and Mr. Tutt saw a chance for one of those grand-stand

plays so dear to the heart of the trial lawyer.

“I offer them in evidence,” said he with a glance at the jury. “I

don’t know why Squire Mason didn’t put them in, but--whatever his

reasons may have been--_I’ll_ put them in--and we’ll see what we can

find! Now”--as the stenographer finished marking the prints--“you say

you took these pictures within two hours of the murder, do you?”

“Yes,” answered Mr. Pennypacker. “But I had to give them a ten minute

exposure!”

Mr. Tutt picked one of them up and glanced at it. Then he suddenly

turned faint. What an everlasting fool he had been! With the utmost

difficulty he controlled himself.

“Thank you very much, Mr. Pennypacker!” he said with a forced smile.

“Thank you very much! They are most excellent and artistic

photographs! That is all!”

Mr. Tutt sank back and gazed dreamily out of the court room window

through which he could see the weather-cock on the Baptist steeple.

Just as he looked at it some draught of air caused it to veer

suddenly. He had a queer feeling in the pit of his stomach. Those

photographs held no interest for him--far from it! Curse them and the

man who had taken them!

For the photographs--although taken at the hour of six--all showed the

hands of the clock as still pointing to four! Either it had been out

of order or had run down before the homicide and hence as evidence of

the hour of the murder was no value whatsoever. Mr. Tutt by putting

the photographs in evidence had destroyed the alibi that his original

question had so unexpectedly established!

One hope only remained. The jury had not yet seen the photographs. Was

it humanly possible that Squire Mason had not noticed the hands of the

clock at all?

Just then Judge Tompkins said pleasantly:

“I think, gentlemen, that this is a good time to adjourn court until

to-morrow morning.”

III

“So like an arrow swift he flew

Shot by an archer strong,

So did he fly--which brings me to

The middle of my song!”

--John Gilpin.

Somewhere there is a story of terror--done after the manner of Edgar

Allan Poe--in which the hero during a deadly plague from which none

who are stricken ever survive discovers to his horror that in the

night the fatal mark has appeared under his arm, and that he is among

the doomed. His terror and despair are shared by the reader, as well

as his ecstatic relief and joy when he awakes to find that he has been

dreaming. Then for the mere idle satisfaction of disabusing himself of

what are no longer his fears he looks beneath his arm only to find

that the deadly mark is in fact there! The agony of this discovery is

doubly intensified by reason of its following immediately upon a state

of rapturous exaltation.

Highly similar to those of the Spanish victim in the tale in question

were those of Mr. Tutt in discovering that just as, by violating the

canons of experience, he had asked a question by virtue of which he

had created an unforeseen but conclusive alibi for his client, he had

now, by asking another, rendered that alibi of no avail. Never in his

experience had he suffered so staggering a blow. Why had he asked that

fatal question? What imp of Hades had whispered to him that there was

something in those photographs which Mason desired to conceal? It had

been all a trick, a clever “springe to catch a woodcock,” a nicely

baited trap into which he had innocently hopped like an unsuspecting

rabbit. In setting it Mason had not taken a single chance, for, if Mr.

Tutt had not seen fit to offer the photograph in evidence when he did,

the prosecutor, having waited until the conclusion of the defendant’s

case and until Mr. Tutt had attempted to establish his alibi by

proving that Skinny was in Pottsville at four o’clock, would have then

handed them to the jury and shown that in effect the clock by which

Emerson had fixed the hour of the shooting as likewise four was in

effect not a clock at all--and knocked that alibi higher than the

Baptist weathercock. What a fool! What a confounded, inexcusable ass,

idiot and nincompoop he had been! Poor old Mr. Tutt’s theories were

all annihilated at once. This wretched murder case was putting every

principle of tactics upon the everlasting blink. You ought to

cross-examine; you ought not to cross-examine; you ought not to leave

well enough alone; you ought to leave well enough alone. The only

guide left in the legal firmament was that fixed but not particularly

useful pole star of “You never can tell!”

Judge Tompkins arose, bowed and left the bench. Sheriff Higgins let

down the bar of the jury box and the twelve good and true men gathered

up their newspapers and hats and filed after him like a straggling

flock of sheep, down the steps and across Main Street to the Phoenix

House, their temporary place of sojourn while the guests of the People

of the State of New York. Many were the envious glances cast upon

their disappearing backs as the less fortunate agriculturalists

prepared to return to their distant farm houses. Gol ding it! Those

cusses not only had reserved seats for the whole blame show but were

gettin’ paid three dollars a day into the bargain! Gosh darn it all!

Some fellers did hev the luck! Hist back thar, Dobbin, and get yer

tail off’n that shaft!

Then the sheriff returned for Skinny and led him away to the

calaboose, and the crowd which had lingered to observe and comment

upon the defendant’s appearance and demeanor slowly dispersed, leaving

Mr. Tutt alone in the otherwise empty courtroom. Old enough before, he

had aged considerably during the last three minutes of the trial. Mr.

Tutt was suffering from fear--abject fear--of what now seemed the

inevitable fate of his client. In the face of the evidence against him

his mere denial that he had not killed the hermit would go for

nothing. His salvation seemed impossible save through the

rehabilitation of his alibi and, as only one person had heard the

shot, it was only through that person that the time of the homicide

could be established. It now appeared that that same witness who had

testified to Mr. Tutt’s indescribable joy that the hour was four

o’clock, had been looking at the motionless face of a piece of dead

mechanism that might not have been moving for months! Bitterly he

reproached himself that he had not combed Emerson’s recollection until

no item remained undisclosed, for it was possible--just

conceivable--that the witness might have had some other data upon

which to predicate the hour of the crime. If so, it must of necessity

be corroborative of the clock, since Emerson had expressed himself

positively as to the hour. Thus, as Mr. Tutt now perceived--but which

had escaped him at the moment in his excitement over establishing his

alibi--he would have had nothing to lose by pursuing his interrogation

of the witness indefinitely, since he was safe as to the element of

time, and there was nothing else in his testimony which under

cross-examination could be made any more damaging to the defendant

than it already was. Was it too late to recall Emerson to the stand in

the desperate hope that in some other way he might still substantiate

the hour as four o’clock? Perhaps he had looked at his watch. Perhaps

there had been another clock in the shanty. “You never could tell!” At

any rate he must be found and the court’s permission obtained to

recall him to the stand and re-examine him. But it was at best a long,

long chance--a hundred--a thousand!--to-one shot.

The hermit of Turkey Hollow · 第 4 / 5 章