The clergyman, stooping an instant to chafe his palms before the fire,

had taken a chair close to Elizabeth, and he now began making remarks

about nothing, his clean, ruddy face smiling constantly, showing his

perfect teeth, his eyes roving over Elizabeth's figure.

"Well! Well! Well!" he cried. "What grave questions have you two been

deciding this time?"

Elizabeth glanced at Marriott, whose face was drawn, then at Eades, who

sat there in the full propriety of his evening clothes, then at her

mother, seated in what was considered the correct attitude for a lady on

whom her rector had called.

"I think it's good we came, eh, Eades?" the clergyman went on, without

waiting for an answer. "It is not good for you to be too serious, Miss

Elizabeth,--my pastoral calls are meant as much as anything to take

people out of themselves." He laughed again in his abundant

self-satisfaction and reclined comfortably in his chair. And he rolled

his head in his clerical collar, with a smile to show Elizabeth how he

regarded duties that in all propriety must not be considered too

seriously or too sincerely. But Elizabeth did not smile. She met his

eyes calmly.

"Dear me," he said, mocking her gravity. "It must have been serious."

"It was," said Elizabeth soberly. "It was--the murder!"

"The murder! Shocking!" said Modderwell. "I've read something about

it. The newspapers say the identification of Koerner by that poor old

woman was complete and positive; they say the shock was such that she

fainted, and that he stood there all the time and sneered. I hope,

Eades, you will see that the wretch gets his deserts promptly, and send

him to the gallows, where he belongs!"

"Marriott here doesn't join you in that wish, I know," said Eades.

"No? Why not?" asked Modderwell. "Surely he--"

"He's going to defend the murderer." Eades spoke in a tone that had a

sting for Marriott.

"Oh!" said Modderwell rather coldly. "I don't see how you can do such a

thing, Marriott. For your own sake, as much as anybody's, I'm sorry I

can't wish you success."

"I wish he hadn't undertaken the task," said Eades.

"I'm sure it must be most disagreeable," said Mrs. Ward, feeling that

she must say something.

"Why do you wish it?" said Marriott, suddenly turning almost savagely on

Eades.

"Why," said Eades, elevating his brows in a superior way, "I don't like

to see you in such work. A criminal practice is the disreputable part

of the profession."

"But you have a criminal practice."

"Oh, but on the other side!" said Modderwell. "And we all expect so

much better things of Mr. Marriott."

"Oh, don't trouble yourselves about me!" said Marriott. "I'm sure I

prefer my side of the case to Eades's."

The atmosphere was surcharged with bitterness. Mrs. Ward gave a sidelong

glance of pain, deprecating such a _contretemps_.

"And I'm going to try to save him," Marriott was forging on.

"Well," said Eades, looking down on his large oval polished nails, and

speaking in a tone that would finally dispose of the problem, "for my

part, I revere the law and I want to see it enforced."

"Exactly!" Modderwell agreed. "And if there were fewer delays in

bringing these criminals to justice, there would be fewer lynchings and

more respect for the law."

Marriott did not even try to conceal the disgust with which he received

this hackneyed and conventional formula of thoughtless respectability.

He felt that it was useless to argue with Eades or Modderwell; it seemed

to him that they had never thought seriously of such questions, and

would not do so, but that they were merely echoing speeches they had

heard all their lives, inherited speeches that had been in vogue for

generations, ages, one might say.

"I am sure it must be a most disagreeable task," Mrs. Ward was saying,

looking at her daughter in the hope that Elizabeth might relieve a

situation with which she felt herself powerless to deal. Marriott

seemed always to be introducing such topics, and she had the distaste of

her class for the real vital questions of life. But Elizabeth was

speaking.

"I'm sure that Gordon's task isn't more disagreeable than mine."

"Yours?" Mrs. Ward turned toward her daughter, dreading things even

worse now.

"Yes," replied Elizabeth, looking about in pleasure at the surprise she

had created.

"Why, what problem have you?" asked Modderwell.

"I've been sent for--to come to the prison to see--"

"Not _him_!" said Modderwell.

Eades started suddenly forward.

"No," said Elizabeth calmly, enjoying the situation, "his sister."

"His sister!"

"Yes," she turned to her mother. "You know, dear; Gusta. She's been

arrested."

"Oh!" exclaimed Mrs. Ward. "Elizabeth! The idea! What impertinence!

Who could have brought such an insolent message!" She looked at

Marriott, as did the others.

"The idea!" Mrs. Ward went on. "Why, I had no notion he was _her_

brother. To think of our harboring such people!"

Mrs. Ward stiffened in her chair, with glances from time to time for

Marriott and Elizabeth, in an attitude of chilling and austere social

disapproval; then, as if she had forgotten to claim the reassurance she

felt to be certain, she leaned forward, out of the attitude as it were,

to say:

"Of course you sent the reply her assurance deserved."

"No," said Elizabeth in a bird-like tone, "I didn't. What would you do,

Mr. Eades?"

"Why, of course you could not go to a prison," replied Eades.

"But you could, couldn't you? And you do?"

"Only when necessary."

"But you do, Mr. Modderwell?"

"Only professionally," said Modderwell solemnly, for once remembering

his clerical dignity.

"Oh, professionally!" said Elizabeth with a meaning. "You go

professionally, too, Gordon, don't you? And I--I can't go that way. I

can go only--what shall I say?--humanly? So I suppose I can't go at

all!"

"Certainly not," said Mrs. Ward. "How can you ask such a question?"

She was now too disapproving for words. "I can not consent to your

going at all, so let that end it."

"But, Mr. Modderwell," said Elizabeth, with a smile for her mother, "we

pray, don't we, every Sunday for 'pity upon all prisoners and

captives'?"

"That's entirely different," said Modderwell.

"What does it mean,--'I was in prison and ye visited me'?" She sat with

her hands folded in humility, as if seeking wisdom and instruction.

"That was in another day," said Modderwell. "Society was not organized

then as it is now; it was--all different, of course." Modderwell went

on groping for justification. "If these people are repentant--are

seeking to turn from their wickedness, the church has appointed the

clergy to visit them and give them instruction."

"Then perhaps you'd better go!" Elizabeth's eyes sparkled, and she

looked at Modderwell, who feared a joke or a trap; then at Eades, who

was almost as deeply distressed as Mrs. Ward, and then at Marriott,

whose eyes showed the relish with which he enjoyed the situation.

"I don't think she wishes to see me," said Modderwell, with a

significance that did not have a tribute for Gusta. No one disputed

him, and there was silence, in which Eades looked intently at Elizabeth,

and then, just as he seemed on the point of speaking to her, he turned

to Marriott and said:

"You certainly don't think that a proper place for her to go?"

"Oh," said Marriott, "don't refer to me; I'm out of it. I've been, I

brought the message--it's--it's up to Elizabeth."

"Well," said Eades, turning to Elizabeth, "you surely can't be seriously

considering such a thing. You don't know, of course, what kind of place

that is, or what kind of people you would be going among, or what risks

you would be exposing yourself to."

"There would be no danger, would there?" said Elizabeth in her most

innocent manner. "There would be plenty of policemen at hand, wouldn't

there,--in case of need?"

"Well, I don't think you'd willingly elect to go among policemen," said

Eades.

"Perhaps you three would go with me?" suggested Elizabeth. "I'd be safe

then--all I'd lack would be a physician to make my escort completely

representative of the learned professions."

"The newspaper men would be there," said Eades, "you may be sure of

that, and the publicity--"

At the word "publicity" Mrs. Ward cringed with genuine alarm.

"Do you find publicity so annoying?" asked Elizabeth, smiling on the

three men.

"Elizabeth!" said Mrs. Ward, "I do wish you'd stop this nonsense! It

may seem very amusing to you, but I assure you it is not amusing to me;

I find it very distressing." She looked her distress, and then turned

away in the disgust that was a part of her distress. "It would be

shocking!" she said, when she seemed to them all to have had her say.

"I'm sorry to shock you all," said Elizabeth meekly. "It's very kind of

you, I'm sure, to act as mentors and censors of my conduct. I feel

sufficiently put down; you have helped me to a decision. I have

decided, after hearing your arguments, and out of deference to your

sentiments and opinions, to--"

They all looked up expectantly.

"--to go," she concluded.

She smiled on them all with serenity; and they looked at her with that

blank helplessness that came over them whenever they tried to understand

her.

X

Though Elizabeth, as long as Eades and Modderwell were there, had chosen

to satirize her predicament, and had experienced the pleasure of

shocking them by the decision she reached, she found when they had gone

that night, and she was alone in her room, that it was no decision at

all. The situation presented itself in all seriousness, and she found

that she must deal with it, not in any whimsical spirit, but in sober

earnestness. She found it to be a real problem, incapable of isolation

from those artificialities which were all that made it a problem. She

had found it easy and simple enough, and even proper and respectable to

visit the poor in their homes, but when she contemplated visiting them

in the prisons which seemed made for them alone, and were too often so

much better than their homes, obstacles at once arose. As she more

accurately imagined these obstacles, they became formidable. She sat by

the table in her room, under the reading-lamp that stood among the books

she kept beside her, and determined to think it out. She made elaborate

preparations, deciding to marshal all the arguments and then make

deductions and comparisons, and thus, by a process almost mathematical,

determine what to do. But she never got beyond the preparations; her

mind worked, after all, intuitively, she felt rather than thought; she

imagined herself, in the morning, going to the police station,

confronting the officers, finally, perhaps, seeing Gusta. She saw

clearly what her family, her friends, her set, the people she knew,

would say--how horrified they would be, how they would judge and condemn

her. Her mother, Eades and Modderwell accurately represented the world

she knew. And the newspapers, in their eagerness for every detail

touching the tragedy, however remotely, would publish the fact! "This

morning Miss Elizabeth Ward, daughter of Stephen Ward, the broker,

called on the Koerner girl. Fashionably dressed--" She could already

see the cold black types! It was impossible, unheard of. Gusta had no

right--ah, Gusta! She saw the girl's face, pretty as ever, but sad now,

and stained by tears, pleading for human companionship and sympathy.

She remembered how Gusta had served her almost slavishly, how she had

sat up at night for her, and helped her at her toilet, sending delicious

little thrills through her by the magnetic touch of her soft fingers.

If she should send for Gusta, how quickly she would come, though she had

to crawl!

And what, after all, was it that made it hard? What had decreed that

she, one girl, should not go to see another girl who was in trouble?

Such a natural human action was dictated by the ethics and by the

religion of her kind and by all the teachings of her church, and yet,

when it was proposed to practise these precepts, she found them treated

cynically, as if they were of no worth or meaning. That very evening

the representatives of the law and of theology had urged against it!

At breakfast her mother sat at table with her. Mrs. Ward had breakfasted

an hour earlier with her husband, but she had a kindly way of following

the members of her family one after another to the table, and of

entertaining them while they ate. She had told her husband of

Elizabeth's contemplated visit to the prison, and then had decided to

say nothing of it to Elizabeth, in the hope that the whim would have

passed with the night. But Mrs. Ward could not long keep anything in

her heart, and she was presently saying:

"I hope, dear, that you have given up that notion of going to see Gusta.

I hope," she quickly added, putting it in the way she wished she had put

it at first, "that you see your duty more clearly this morning."

"No," said Elizabeth, idly tilting a china cup in her fingers, and

allowing the light that came through the tall, broad windows to fill it

with the golden luminosity of the sun, "I don't see it clearly at all.

I wish I did."

"Don't you think, dear, that you allow yourself to grow morbid,

pondering over your duty so much?"

"I don't think I'm morbid." She would as readily have admitted that she

was superstitious as that she was morbid.

"You have--what kind of conscience was it that Mr. Parrish was talking

about the other night?" Mrs. Ward knitted the brows that life had

marked so lightly.

"New England, I suppose," Elizabeth answered wearily. "But I have no

New England conscience, mama. I have very little conscience at all, and

as for my duty, I almost never do it. I am perfectly aware that if I

did my duty I should lead an entirely different life; but I don't; I go

on weakly, day after day, year after year, leading a perfectly useless

existence, surrounded by wholly artificial duties, and now these same

artificial duties keep me from performing my real duty--which, just now,

seems to me to go and see poor little Gusta."

Mrs. Ward was more disturbed, now that her daughter saw her duty, than

she had been a moment before, when she had declared she could not see

it.

"I do wish you could be like other girls," she said, speaking her

thought as her habit was.

"I am," said Elizabeth, "am I not?"

"Well," Mrs. Ward qualified.

"In all except one thing."

Mrs. Ward looked her question.

"I'm not getting married very fast."

"No," said Mrs. Ward.

Elizabeth laughed for the first time that morning.

"You dear little mother, I really believe you're anxious to get rid of

me!"

"Why, Elizabeth!" said Mrs. Ward, lifting her eyes and then lowering

them suddenly, in her reproach. "How can you say such a thing!"

"But never mind," Elizabeth went on:

"'If no one ever marries me I sha'n't mind very much;

I shall buy a squirrel in a cage and a little rabbit hutch.

I shall have a cottage in a wood, and a pony all my own,

And a little lamb quite clean and tame that I can take to town.

And when I'm getting really old--at twenty-eight or nine--

I shall buy a little orphan girl and bring her up as mine."

She smiled as she finished her quotation, and then suddenly sobered as

she said:

"I'm twenty-seven already!"

"Who wrote that?" asked Mrs. Ward.

"Alma-Tadema."

"Oh! I thought Mr. Marriott might have done it. It's certainly very

silly."

Nora had brought her breakfast, and the action recalled Gusta to

Elizabeth.

"What did papa say--about my going to the prison?"

"He said," Mrs. Ward began gladly, "that, of course, we all felt very

sorry for Gusta, but that you couldn't go _there_. He said it would be

absurd; that you don't understand." Mrs. Ward was silent for a moment,

knowing how much greater the father's influence was than her own. She

was glad that Elizabeth seemed altogether docile and practicable this

morning.

"There's a good girl now," Mrs. Ward added in the hope of pressing her

advantage home.

Elizabeth gave a little start of irritability.

"I wish you wouldn't talk to me in that way, mama. I'm not a child."

"But surely your father knows best, dear," the mother insisted, "more

than--we do."

"Not necessarily," said Elizabeth.

"Why! How can you say so!" exclaimed Mrs. Ward, who bowed to all

authority as a part of her religion.

"Papa takes merely the conventional view," Elizabeth went on, "and the

conventional view is taken without thought."

"But--surely--" Mrs. Ward stammered, in the impotence of one who, easily

convinced without reasons, has no reasons at command--"surely--you heard

what Mr. Modderwell and Mr. Eades said."

"Their view is conventional," said Elizabeth, "and proper." She gave a

little curl of her lip as she spoke this last word.

"Well, I'm sure, dear, that we all wish to be proper, and Mr. Modderwell

and Mr. Eades--"

"Oh! Don't quote those two men to me! Two such prigs, such Pharisees,

I never saw!"

Mrs. Ward looked at her daughter in a new horror. "Why, Elizabeth! I'm

surprised--I thought that Mr. Eades especially--"

"Well, don't you think Mr. Eades especially at all! He's not especially;

he thinks he is, no doubt, and so does everybody else, but they have no

right to, and hereafter Mr. Eades can't come here--that's all!" Her

eyes were flashing.

Mrs. Ward ventured no further just then, but presently resumed:

"Think what people would say!"

"Oh, mother! Please don't use that argument. I have often told you

that I don't care at all what people say."

"I only wish you cared more." She looked at Elizabeth helplessly a

moment and then broke out with what she had been tempted all along to

say.

"It's that Gordon Marriott! That's what it is! He has such strange,

wild notions. He defends these criminals, it seems. I don't see how he

can approve their actions the way he does."

"Why, mother!" said Elizabeth. "How you talk! You might think I was a

little child with no mind of my own. And besides, Gordon does not

approve of their actions, he disapproves of their actions, but he

recognizes them as people, as human beings, just like us--"

"Just like us!" exclaimed Mrs. Ward, withdrawing herself wholly from any

contact with the mere suggestion. "Just like us, indeed! Well, I'd

have him know they're not like us, at all!"

Elizabeth saw how hopeless it was to try to make her mother understand

Marriott's attitude, especially when she found it difficult to

understand it herself.

"Just like us, indeed!" Mrs. Ward repeated. "You are certainly the most

astonishing girl."

"What's the excitement?"

It was Dick, just entering the room. He was clean-shaved, and glowing

from his plunge, his face ruddy and his eyes bright. He was

good-humored that morning, for he had had nearly five hours of sleep.

His mother poured his coffee and he began eating his breakfast.

"What's the matter, Bess?" he asked, seizing the paper his father had

laid aside, and glancing at it in a man's ability to read and converse

with women at the same time.

"Why, she threatens to go to the jail," Mrs. Ward hastened to reply, in

her eagerness for a partizan in her cause. "And her father and Mr.

Modderwell and Mr. Eades have all advised her that it would be

improper--to say nothing of my own wishes in the matter."

Dick, to his mother's disappointment, only laughed.

"What do you want to go there for? Some of your friends been run in?"

"Yes," said Elizabeth calmly.

"That's too bad! Why don't you have Eades let 'em out,--you certainly

have a swell pull with him."

"You have just had Mr. Eades's opinion from mama."

"Who is your friend?"

"Gusta."

Dick's face was suddenly swept with scarlet, and he started--looked up,

then hastily raised his coffee-cup, drained its last drop, flung his

napkin on his plate, and said:

"Oh, that girl that used to work for us?"

"Yes."

"Well, mother's right."

Mrs. Ward looked her gratitude.

"Of course, you can't go."

"I can't?"

He had risen from the table, and Elizabeth's tone impressed him.

"Look here," he said peremptorily. "You just can't go there, that's all

there is about it!"

"Why not?"

"Because you can't. It wouldn't do, it wouldn't be the thing; you ought

to know that."

"But why?" Elizabeth persisted. "I want a reason."

"You don't mean to say you seriously consider it?" asked Dick in real

alarm.

"Yes, I do."

Dick suddenly grew excited, his eyes flamed, and he was very red.

"Look here, Bess," he said. "You just can't, that's all."

"Can't I?" she said, and she gave a little laugh. It was not her usual

pleasant laugh.

"No, you can't." He spoke more than insistently, he spoke angrily. He

snatched out his thin gold watch and glanced at it. "I've not got time

to discuss this thing. You just can't go--that's all there is to it."

Elizabeth rose from the table calmly, went out of the room, and Dick,

after a hesitant moment, ran after her.

"Bess! Bess!"

She stopped.

"See here, Bess, you must not go there to see that girl. I'm surprised!

She isn't the sort, you understand! You don't know what you're doing.

Now look here--wait a minute!" He caught her by the arm. "I tell you

it's not the thing, you mustn't!"

He was quite beside himself.

"You seem greatly excited," she said.

He made a great effort, controlled himself, and, still holding her,

began to plead.

"Please don't go, Bess!" he said. "Please don't!"

"But why--_why_?" she insisted.

"Because I say so."

"Humph!"

"Because I ask it. Please don't; do it for me, this once. You'll be

sorry if you do. Please don't go!"

His eyes were full of the plea he was incoherently stammering. He was

greatly moved, greatly agitated.

"Why, Dick," she said, "what is the matter with you? You seem to take

this trifle very much to heart. You seem to have some special interest,

some deep reason. I wish you'd tell me what it is. Why shouldn't I go

to see poor Gusta? She's in trouble--she was always good to me."

There was a sudden strange wild expression in his face, his lips were

slightly parted. The moments were flying, and he must be off.

"Oh, Bess," he said, "for God's sake, don't go!"

He implored her in his look, then snatching out his watch ran to the

hall, seized his hat and top-coat, and went out, flinging on his coat as

he ran, and leaving the door flying wide behind him. Elizabeth stood

looking after him. When she turned, her mother was in the room.

"What can be the matter with Dick?" said Elizabeth. "I never saw him so

excited before. He seemed--" She paused, and bit her lip.

"Well, my dear," said Mrs. Ward calmly, "you see now, I hope, just how

the world regards such a wild action. It was his love and respect for

his sister, of course."

XI

"No, don't say anything more. I've thought it all out; my duty's clear

now, I must go." Elizabeth laid her hand on her father's shoulder, and

though he turned from the great desk at which he sat in his private

office, he hesitated. "Come on."

"That conscience of yours, Bess--" he began, drawing down the lid of his

desk.

"Yes, I know, but I can't help it."

"How did you decide at last to go?" asked Ward, as they walked rapidly

along in the crowded street.

"Well, it tortured me--I couldn't decide. It seemed so

difficult,--every one--mama, our dear Modderwell, Mr. Eades, Dick--he

nearly lost his reason, and he did lose his temper--thought it

impossible. But at last I decided--"

"Yes?"

"--just to go."

Elizabeth gave a little laugh at this not very illuminating explanation.

"I didn't know what the proprieties were," she went on. "Our little

code had not provided rules--what to wear, the chaperonage, and all

that, you know. And then,"--she abandoned her irony,--"I thought of

you."

"As a last resort, eh?" said Ward, looking fondly into her face,

flushing behind her veil in the keen November air. She drew close to

him, put her hand on his arm.

"Yes," she said, "and as a first resort, as a constant, never-failing

resort."

She gave his arm a little squeeze, and he pressed her hand to his side

in silence.

"Do you know where it is?" Elizabeth asked presently.

"Oh, yes, I was there once."

"When?"

"When that boy of mine was arrested--Graves."

"Yes, I remember."

"I wonder," he said after a pause, and he paused again at the question

he seemed to fear--"whatever became of him!"

She had never told him of that day at the charity bureau; she wondered

if she should do so now, but she heard him sigh, and she let it pass.

"Yes," he went on as if she had been privy to his rapid train of

thought, "I suppose such things must be; something must be done with

them, of course. I hope I did right."

At the Central Station they encountered a young policeman, who, when he

saw Ward, evidently recognized him as a man of affairs, for he came

forward with flattering alacrity, touching his helmet in the respect

which authority always has ready for the rich, as perhaps the real

source of its privilege and its strength. The young policeman, with a

smile on his pleasant Irish face, took Ward and Elizabeth in charge.

"I'll take yez to the front office," he said, "and let yez speak to the

inspector himself."

When McFee understood who Ward was, he came out instantly, with an

unofficial readiness to make a difficult experience easy for them; he

implied an instant and delicate recognition of the patronage he saw, or

thought it proper to see, in this visit, and he even expressed a

sympathy for Gusta herself.

"I'm glad you came, Mr. Ward," he said. "We had to hold the poor girl,

of course, for a few days, until we could finish our investigation of

the case. Will you go up--or shall I have her brought down?"

"Oh, we'll go up," said Ward, wondering where that was, and discovering

suddenly in himself the usual morbid desire to look at the inmates of a

prison. The sergeant detailed to conduct them led them up two broad

flights of stairs, and down a long hall, where, at his step, a matron

appeared, with a bunch of keys hanging at her white apron. Elizabeth

went with none of the sensations she had expected. She had been

surprised to find the police station a quiet place, and the policemen

themselves had been very polite, obliging and disinterested. But when

the matron unlocked one of the doors, and stood aside, Elizabeth felt

her breast flutter with fear.

The sergeant stood in the hall, silent and unconcerned, and when the

matron asked him if he would be present at the interview he shook his

head in a way that indicated the occasion as one of those when rules and

regulations may be suspended. Ward, though he would have liked to go

in, elected to remain outside with the sergeant, and as he did this he

smiled reassuringly at Elizabeth, just then hesitating on the threshold.

"Oh, just step right in," said the matron, standing politely aside. And

Elizabeth drew a deep breath and took the step.

She entered a small vestibule formed of high partitions of flanged

boards that were painted drab; and she waited another moment, with its

gathering anxiety and apprehension, for the matron to unlock a second

door. The door opened with a whine and there, at the other end of the

room in the morning light that struggled through the dirty glass of the

grated window, she saw Gusta. The girl sat on a common wooden chair

that had once been yellow, her hat on, her hands gloved and folded in

her lap, as if in another instant she were to leave the room she somehow

had an air of refusing to identify herself with.

"She's sat that way ever since she came," the matron whispered. "She

hasn't slep' a wink, nor e't a mouthful."

[Illustration: "She's sat that way ever since she came"]

Elizabeth's glance swept the room which was Gusta's prison, its walls

lined higher than her head with sheet-iron; on one side a narrow cot,

frowsy, filthy, that looked as if it were never made, though the dirty

pillow told how many persons had slept in it--or tried to sleep in it.

There was a wooden table, with a battered tin cup, a few crusts and

crumbs of rye bread, and cockroaches that raced energetically about,

pausing now and then to wave their inquisitive antennae, and, besides, a

cheap, small edition of the Bible, adding with a kind of brutal mockery

the final touch of squalor to the room.

Gusta moved, looked up, made sure, and then suddenly rose and came

toward her.

"I knew you'd come, Miss Elizabeth," the girl said, with a relief that

compromised the certainty she had just expressed.

"I came as soon as I could, Gusta," said Elizabeth, with an amused

conjecture as to what Gusta might think had the girl known what

difficulties she had had in getting there at all.

"Yes," said Gusta, "thank you, I--"

She blushed to her throat. They stood there in the middle of that

common prison; a sudden constraint lay on them. Elizabeth, conscious of

the difficulty of the whole situation, and with a little palpitating

fear at being in a prison at all--a haunting apprehension of some

mistake, some oversight, some sudden slip or sliding of a bolt--did not

know what to say to Gusta now that she was there. She felt helpless,

there was not even a chair to sit in; she shuddered at the thought of

contact with any of the mean articles of furniture, and stood rigidly in

the middle of the room. She looked at Gusta closely; already, of

course, with her feminine instinct, she had taken in Gusta's dress--the

clothes that she instantly recognized as being better than Gusta had

ever before worn--a hat heavy with plumes, a tan coat, long and of that

extreme mode which foretold its early passing from the fashion, the

high-heeled boots. Her coat was open and revealed a thin bodice with a

lace yoke, and a chain of some sort. An odor of perfume enveloped her.

The whole costume was distasteful to Elizabeth, it was something too

much, and had an indefinable quality of tawdriness that was hard to

confirm, until she saw in it, somehow, the first signs of moral

disintegration. And this showed in Gusta's face, fuller--as was her

whole figure--than Elizabeth remembered it, and in a certain coarseness

of expression that had scarcely as yet gone the length of fixing itself

in lines. Elizabeth felt something that she recoiled from, and her

attitude stiffened imperceptibly. But not imperceptibly to Gusta, who

was a woman, too, and had an instant sense of the woman in Elizabeth

shrinking from what the woman in her no longer had to protect itself

with, and she felt the woman's rush of anger and rebellion in such a

relation. But then, she softened, and looked up with big tears. She

had a sudden yearning to fling herself on Elizabeth's breast, but leave

was wanting, and then, almost desperately, for she must assert her

sisterhood, must touch and cling to her, she seized Elizabeth's hand and

held it.

"Oh, Miss Elizabeth," she said, "I oughtn't to 'av' sent for you. I

know I had no right; but you was always good to me, and I had no one.

I've done nothing. I've done nothing, honest, honest, Miss Elizabeth,

I've done nothing. I don't know what I'm here for at all; they won't

tell me. And Archie, too, it must have something to do with him, but

he's innocent, too. He hasn't done nothing either. Won't you believe

me? Oh, say you will!"

She still clung to Elizabeth's hand, and now she pressed it in both her

own, and raised it, and came closer, and looked into Elizabeth's face.

"Say you believe me!" she insisted, and Elizabeth, half in fear, as

though to pacify a maniac, nodded.

"Of course, of course, Gusta."

"You mean it?"

"Surely I do."

"And you know I'm just as good as I ever was, don't you?"

"Why--of course, I do, Gusta." It is so hard to lie; the truth, in its

divine persistence, springs so incautiously to the eyes before it can be

checked at the lips.

The tears dried suddenly in Gusta's blue eyes. She spoke fiercely.

"You don't mean it! No, you don't mean it! I see you don't--you

needn't say you do! Oh, you needn't say you do!"

She squeezed Elizabeth's hand almost maliciously and Elizabeth winced

with pain.

"You--you don't know!" Gusta went on. And then she hesitated, seemed to

deliberate on the verge of a certain desperation, to pause for an

instant before a temptation to which she longed to yield.

"I could tell you something," she said significantly.

A wonder gathered in Elizabeth's eyes. Her heart was beating rapidly,

she could feel it throbbing.

"Do you know why I sent for you--what I had to tell you?"

She was looking directly in Elizabeth's eyes; the faces of both girls

became pale. And Elizabeth groped in her startled mind for some clear

recognition, some postulation of a fact, a horrible, blasting certitude

that was beginning to formulate itself, a certitude that would have

swept away in an instant all those formal barriers that had stood in the

way of her coming to this haggard prison. She shuddered, and closed her

mind, as she closed her eyes just then, to shut out the look in the eyes

of this imprisoned girl.

But the moment was too tense to last. Some mercy was in the breast of

the girl to whom life had shown so little mercy. Voluntarily, she

released Elizabeth, and put up her hands to her face, and shook with

sobs.

"Don't, don't, Gusta," Elizabeth pleaded, "don't cry, dear."

The endearment made Gusta cry the harder. And then Elizabeth, who had

shrunk from her and from everything in the room, put her arms about her,

and supported her, and patted her shoulder and repeated:

"There, dear, there, you mustn't cry."

And then presently:

"Tell me what I can do to help you. I want to help you."

Gusta sobbed a moment longer.

"Nothing, there is nothing," she said. "I just wanted you. I wanted

some one--"

"Yes, I understand," said Elizabeth. She did understand many things now

that made life clearer, if sadder.

"I wanted you to tell my poor old mother," said Gusta. "That's

all--that's what I had to tell you."

She said it so unconvincingly, and looked up suddenly with a wan smile

that begged forgiveness, and then Elizabeth did what a while before

would have been impossible--she kissed the girl's cheek. And Gusta

cuddled close to her in a peace that almost purred, and was contented.

Gusta was held for a week; then released.

XII

Archie was looking well that Monday morning in January on which his

trial was to begin. He had slept soundly in his canvas hammock; not

even the whimpering of Reinhart, the young sneak thief whom every one in

the jail detested, nor the strange noises and startled outcries he made

in his sleep--when he did sleep--had disturbed him. The night before,

Utter had allowed Archie a bath, though he had broken a rule in doing

so, and that morning Archie had borrowed a whisk from Utter, brushed his

old clothes industriously, and then he had put on the underwear his

mother had washed and patched and mended, and the shirt of blue and

white stripes Marriott had provided. Then with scrupulous care he set

his cell in order, arranged his few things on the little table--the deck

of cards, the yellow-covered dog's-eared novel and a broken comb.

Beside these, lay his fresh collar and his beloved blue cravat with the

white polka dots; his coat and waistcoat hung over the back of his

chair. At seven o'clock Willie Kirkpatrick, alias "Toughie," a boy who,

after two terms in the Reform School, was now going to the Intermediate

Prison, had brought in the bread and coffee. At eight o'clock Archie

was turned into the corridor, and with him Blanco, the bigamist, whose

two young wives were being held as witnesses in the women's quarter.

Blanco was a barber, and he made himself useful by shaving the other

prisoners. This morning, with scissors, razor, lather-brush and cup, he

took especial pains with Archie. Now and then he paused, cocked his

little head with its plume of black hair, and surveyed his handiwork

with honest pride.

"I'll fix you up swell, Dutch, so's they'll have to acquit you."

From the cells came laughter. The prisoners began to josh Blanco--it

was one of their few pastimes.

"Don't stand for one of them gilly hair-cuts, Dutch," cried Billy Whee,

a porch-climber. "It'll be a fritzer, sure."

"Yes, he'll make your knob look like a mop."

"When I was doing my bit at the Pork Dump," began O'Grady, in the tone

that portends a story; the cell doors began to rattle.

"Cheese it," cried the voices. They had grown tired of O'Grady's

boasting.

After Archie had returned to his cell, an English thief whom they called

the Duke, began to sing in a clear tenor voice, to the tune of _Dixie_:

"I wish there were no prisons,

I do, I does--'cause why?--

This old treadmill makes me feel ill,

I only pinch my belly for to fill,

Wi' me 'ands,

Wi' me dukes,

Wi' me clawrs,

Me mud hooks."

Archie scowled; he wished, for once, the Duke would keep still. He was

trying to think, trying to assure himself that his trial would turn out

well. Day after day, Marriott had come, and for hours he and Archie had

sat in the long gray corridor, in the dry atmosphere of the overheated

jail, conferring in whispers, because Archie knew Danner was listening

at the peep-hole in the wall. Marriott was perplexed; how could he get

Archie's true story before the jury? He had even consulted Elizabeth,

told her the story.

"Oh, horrible!" she exclaimed. "But surely, you can tell the

jury--surely they will sympathize."

He had shaken his head.

"Why not?"

"Because," said Marriott, "the rules of evidence are designed to keep

out the truth."

"But can't Archie tell it?"

"I don't dare to let him take the stand."

"Why?"

"Because he'll be convicted if he does."

"And if he doesn't?"

"The same result--he'll be convicted. He's convicted now--the mob has

already done that; the trial is only a conventional formality."

"What mob?"

"The newspapers, the preachers, the great moral, respectable mob that

holds a man guilty until he proves himself innocent, and, if he asserts

his innocence, looks even on that as a proof of his guilt."

Eades had announced that Archie would be tried for the murder of Kouka,

and Elizabeth had been impressed.

"Wasn't that rather fine in him?" she asked.

"Yes," said Marriott, "and very clever."

"Clever?"

"He means to try him for the murder of Kouka, and convict him of the

murder of Margaret Flanagan."

This morning then, Archie awaited the hour of his trial. The night

before he had played solitaire, trying to read his fate in the fall of

the fickle cards. The first game he had lost; then he decided that he

was entitled to two out of three chances. He played again, and lost.

Then he decided to play another--best three out of five--he might win

the other two. He played and won the third game. He lost the fourth.

And now he stood and waited. At half-past eight he drew on his

waistcoat and his coat, giving them a final brushing. The Duke was

singing again:

"An' I wish there were no bobbies,

I do, I does--'cause why?--

This oakum pickin' gives me such a lickin',

But still I likes to do a bit o' nickin',

Wi' me 'ands,

Wi' me dukes,

Wi' me clawrs,

Me mud hooks."

The last words of the song were punctuated by the clanging of the bolts.

"Koerner!" called out Danner's voice.

He was throwing the locks of Archie's cell from the big steel box by the

door. Archie sprang to his feet, gave his cravat a final touch, and

adjusted his coat. The steel door went gliding back in its hard grooves.

He stepped out, thence through the other door, and there Danner waited.

Archie held out his right hand, Danner slipped on the handcuff and its

spring clicked. As they went out, cries came from the cells.

"So long, Archie! Good luck to ye!"

"Good luck!" came the chorus.

Archie, standing in the strange light outside the prison, seemed to take

on a changed aspect. He had grown fat during his two months' idleness

in jail; his skin was white and soft. Now in the gray light of the

January morning, his face had lost the ruddy glow Blanco's shaving had

imparted to it, and was pale. The snow lay on the ground, the air was

cold and raw. Archie gasped in the surprise his lungs felt in this

atmosphere, startling in its cold and freshness after the hot air of the

steam-heated jail. He filled his lungs with the air and blew it out

again in frost. A shudder ran through him. Danner was jovial for once.

"Fine day," he said.

Archie did not reply. He hated Danner more than he hated most people,

and he hated every one, almost--save Marriott and Gusta, and his father

and mother and the kids, and Elizabeth, who, as Marriott had reported to

him, wished him well. The air and the light gave him pain--he shrank

from them; he had not been outdoors since that day, a month before, when

he had been taken over with Curly to be arraigned. He looked on the

world again, the world that was so strange and new. Once more there

swept over him that queer sensation that always came as he stepped out

of prison, the sensation of fear, of uncertainty, a doubt of reality,

the blur before his eyes. The streets were deserted, the houses still.

The snow crunched frigidly under his heels. The handcuff chain clicked

in the frost. A wagon turned the corner; the driver walked beside his

steaming horses and flapped his arms about his shoulders; the wheels

whined on the snow. Archie looked at the man; it was strange, he felt,

that a man should be free to walk the streets and flap his arms that

way.

XIII

The court-room was already crowded and buzzed with a pleasant yet

excited hum of voices. Mrs. Koerner, the first to appear that morning,

had been given a seat directly in front of the bailiff's elevated desk,

where she was to sit, a conspicuous figure of sorrow through all the

trial. The twenty-four aged men of the special venire were seated

inside the bar; the reporters were at their table; two policemen,

wearing their heavy overcoats as if they were no discomfort at all, were

gossiping together; Giles, the court stenographer, grown old in

automatic service, wandered about in a thin coat with ragged sleeves,

its shoulders powdered by dandruff. The life that for so many years had

been unfolded to him in a series of dramatic tableaux could have

interested him but little; he seemed, indeed, to have reduced it to mere

symbols--dashes, pothooks, points and outlines. At one of the trial

tables sat Marriott. He was nervous, not having slept well the night

before. At the table with him was Pennell, the young lawyer with the

gift of the gab, who had been so unfortunate as to win the oratorical

prize in college. Pennell, at the last moment, somehow--Marriott never

knew exactly how--had insinuated himself into the case. He explained

his appearance by saying, in his grand, mysterious way, that he had been

engaged by "certain influential friends" of Archie's, who preferred to

remain unknown. Archie, who did not know that he had any influential

friends, could not explain Pennell's presence, but, feeling that the

more lawyers he had the better, he was secretly glad, and Marriott, who

bowed before the whole situation in a kind of helpless fatalism, made no

objection.

But suddenly a change occurred. The atmosphere became electric. Men

started up, their eyes glistened, they leaned forward, a low murmur

arose; the old bailiff started violently, smote his marble slab with his

gavel, and Mark Bentley, very red in the face, was seen striding toward

the door, waving his authoritative hand and calling:

"Back there! Get back, I tell you!"

Archie had just been brought in. Danner led him to the trial table, and

he took his seat, hid his manacled hands, and sat motionless, gazing

straight before him, unconsciously obeying some long-hidden, obscure

instinct of the hunted. But Marriott's hand had found his.

"How did you sleep last night?"

"Pretty well," said Archie as politely as possible, the occasion seeming

to require those conventionalities of which he was so very uncertain.

"Well, we'll soon be at it now," said Marriott, thinking, however, of

his own wretched night.

Archie watched Marriott tumble the papers out of his green bag and

arrange his briefs and memoranda; he did not take his eyes from the

green bag. Whenever he did, they met other eyes that looked at him with

an expression that combined all the lower, brutish impulses--curiosity,

fear and hate.

At half-past nine Glassford, having finished his cigar, entered the

court-room. Directly behind him came Eades. The bailiff, who if he had

been drowsing again, had been drowsing as always, with one eye on

Glassford, now got to his feet, and, as Glassford ascended the bench,

struck the marble slab with the gavel and in the instant stillness,

repeated his worn formula.

"The case of the State _versus_ Archie Koerner," said Glassford, reading

from his docket. He glanced over his gold glasses at Marriott.

"Are you ready for trial, Mr. Marriott?"

"We are ready, your Honor."

Danner unlocked the handcuffs from Archie's wrists. The reporters began

writing feverishly; already messenger boys were coming and going. Gard,

the clerk, was calling the roll of the venire-men, and when he had done,

it was time for the lawyers to begin examining them; but before this

could be done, it was necessary that a formula be repeated to them, and

Gard told them to stand up. As soon as they could comprehend his

meaning, they got to their feet with their various difficulties, and

Gard proceeded:

"'You and each of you do solemnly swear'--hold up your right

hands--'that the answers you are about to give will be the truth, the

whole truth, and nothing but the truth, s'elp you God.'"

And then, in a lower voice, as if the real business were now to begin,

he called:

"William C. McGiffert."

An aged man came forward leaning on a crooked cane, and took the

witness-stand. Eades began his examination by telling McGiffert about

the death of Kouka, and, when he had finished, asked him if he had ever

heard of it, or read of it, or formed or expressed an opinion about it,

if he were related to Koerner, or to Marriott, or to Pennell, or had

ever employed them, or either of them, as attorney. Then he asked

McGiffert if Lamborn or himself had acted as his attorney; finally, with

an air of the utmost fairness, as if he would not for worlds have any

but an entirely unprejudiced jury, he appealed to McGiffert to tell

whether he knew of any reason why he could not give Koerner a fair and

impartial trial and render a verdict according to the law and the

evidence. McGiffert had shaken his head hastily at each one of Eades's

questions. Eades paused impressively, then asked a question that sent a

thrill through the onlookers.

"Mr. McGiffert, have you any conscientious scruples against capital

punishment?"

The suggestive possibility affected men strangely; they leaned forward,

hanging on the reply. McGiffert shook his aged head again as if it were

a gratuitous reflection on his character to hint at his being in any way

unfit for this office.

Eades, having had McGiffert on many juries and knowing that he

invariably voted for conviction, with a graceful gesture of his white

hand, waved him, as it were, to Marriott.

Marriott, after an examination he knew was hopeless from the start,

found no cause for challenge; and after Glassford, as if some deeper

possibilities had occurred to his superior mind, had asked McGiffert

about his age and his health, McGiffert, with the relief of a man who

has passed successfully through an ordeal, climbed hastily into the

jury-box and retreated to its farthest corner, as if it were a safe

place from which he could not be dislodged.

One by one the venire-men were examined; several were excused. One old

man, although he protested, was manifestly deaf, another had employed

Eades, another rose and, hanging over the desk, whispered to Glassford,

who immediately excused him because of physical disability; finally, by

noon, the panel was full.

Marriott scanned the twelve bearded men. Viewed as a whole, they seemed

well to typify the great institution of the English law, centuries old;

their beards clung to them like the gray moss of a live-oak, hoary with

age. But these patriarchal beards could lend little dignity. The old

men sat there suggesting the diseases of age--rheumatism, lumbago,

palsy--death and decay. Their faces were mere masks of clay; they were

lacking in imagination, in humor, in sympathy, in pity, in mercy, all

the high human qualities having long ago died within them, leaving their

bodies untenanted. He knew they were ready at that moment to convict

Archie. He had sixteen peremptory challenges, and as he reflected that

these would soon be exhausted and that the men who were thus excused

would be replaced by others just like them, a despair seized him. But

it was imperative to get rid of these; they were, for the most part,

professional jurors who would invariably vote for the state. He must

begin to use those precious peremptory challenges and compel the court

to issue special venires; in the haste and confusion men might be found

who would be less professional and more intelligent. In this case,

involving, as it did, the Flanagan case, he needed strong, independent

men, whereas Eades required instead weak, subservient and stupid

men--men with crystallized minds, dull, orthodox, inaccessible to ideas.

Furthermore, Marriott recalled that juries are not made up of twelve

men, as the law boasts, but of two or three men, or more often, of one

man stronger than the rest, who dominates his fellows, lays his

masterful will upon them, and bends them to his wishes and his

prejudices. Perhaps, in some special venire, quite by accident, when the

sheriff's deputies began to scour the town, there might be found one

such man, who, for some obscure reason, would incline to Archie's side.

On such a caprice of fate hung Archie's life.

"Mr. Marriott, the court is waiting," said Glassford.

"If your Honor will indulge us a moment." Then Marriott whispered to

Archie.

"Je's," said Archie. "Looks cheesy to me. Looks to me like a lot o'

rummy blokes. They've got it all framed up now. Them old hoosiers

would cop the cush all right." Archie whispered with the sneering

cynicism of one who holds the belief of the all-powerful influence of

money. "That old harp back there in the corner with the green benny on,

he looks like a bull to me. Go after him and knock him off."

Archie had indicated quite openly an aged Irishman who sat huddled in a

faded overcoat in the rear row. He had white chin-whiskers and a long,

broad, clean-shaven upper lip.

"Mr. McGee," said Marriott, rising, "what business are you in?"

"Oi'm retired, sor."

"Were you ever on the police force?"

"Well, sor," said McGee uneasily, "Oi wor wance, sor--yes, sor."

He looked up now with a nonchalant air.

"How long were you on the force?"

"Twinty-wan years, sor."

Marriott questioned him at length, finally challenged him for cause;

Eades objected, they argued, and Glassford overruled the challenge.

Then, having certainly offended McGee, there was nothing for Marriott to

do but to submit a peremptory challenge.

By night the venire was exhausted and Glassford ordered a special

venire. With the serving of the special venires, a difference was

noted; whereas the men on the first venire had studied how they should

qualify themselves for jury service, the men whom Bentley and his

deputies now haled into court, studied how they should disqualify

themselves. They were all impatient of the senseless tedium, of the

costly interruption, being men with real work to do. They replied like

experts; all had read of the case, all had formed and expressed

opinions, and their opinions could not be shaken by any evidence that

might be adduced. Glassford plied them with metaphysical questions; drew

psychological distinctions; but in vain. Many of them had scruples

against capital punishment; a score of them, fifty of them swore to

this, to the delight but disappointment of Marriott, the discomfiture of

Eades, the perplexity of Glassford, and the dull amazement of the men in

the jury-box, who had no conscientious scruples against anything. Still

others had certificates of various kinds exempting them from jury

service, which they exhibited with calm smiles and were excused.

Marriott eked out his precious peremptory challenges for three days;

venire after venire was issued, and Bentley was happy, for all this

meant fees. The crowd diminished. The lawyers grew weary and no longer

exerted themselves to say clever things. The sky, which had sparkled a

cold, frosty blue for days, was overcast with gray clouds, the

atmosphere was saturated with a chill and penetrating moisture. This

atmosphere affected men strangely. Eades and Marriott had a dispute,

Danner ordered Archie to sit erect, Glassford sharply rebuked two

citizens who did not believe in capital punishment for their lack of a

sense of civic duty; then he whirled about in his chair and exclaimed

angrily:

"We'll not adjourn to-night until we have a jury!"

Marriott had one peremptory challenge left, and eleven men had been

accepted. It was now a matter of luck.

"George Holden," called the clerk.

A broad-shouldered man of medium height came promptly forward, took the

oath, leaned back in his chair, crossed his legs, folded his strong

hands in his lap, and raised a pair of deep blue eyes to Eades. As he

sat there, something in the poise of his fine head, with its thick curly

hair, claimed attention; interest revived; every one looked at him. He

had a smooth-shaven face and a wide white brow, and the collar of his

dark flannel shirt was open, freeing his strong neck and ample throat.

Marriott suddenly conceived a liking for the man.

"What is your occupation, Mr. Holden?" asked Eades.

"Machinist."

He had read the newspaper accounts of the murder of Kouka and of the

Flanagan tragedy, but he had not formed any real opinions; he may have

formed impressions, but he could lay them aside; he didn't go much

anyway, he said, on what he read in the newspapers.

The formal questions were put and answered to Eades's satisfaction; then

came the real question:

"Are you opposed to capital punishment?"

"Yes, sir, I am."

"Are your scruples conscientious ones?"

"Yes, sir."

"And not to be overcome?"

"They are not to be overcome."

Just then Glassford, impatient of all these scruples he was hearing so

much about, whirled on Holden with a scowl. Holden turned; his blue

eyes met those of Glassford.

"You don't want to sit on this jury, do you?" demanded Glassford.

"No, sir."

"It would interfere with your business, wouldn't it?"

"No, sir."

"It wouldn't? You earn good wages, don't you?"

"I'm out of a job now, sir."

"Well, are your scruples such that you can't lay them aside long enough

to do your duty as a citizen?"

Holden flushed.

"I can't lay them aside, no; but it doesn't follow that I can't do my

duty as a citizen."

"But," began Glassford in his tone of legal argument, "assuming that the

law as it is should be altered, nevertheless, knowing the law, can you

lay aside your private views and perform a public duty by applying this

law to a given state of facts as the court instructs you?--You

understand me, do you?"

"I understand perfectly, sir."

"Well, what do you say?"

"I have no private views that are not public ones; I can't see any

distinction. I say that I would not take an oath that might oblige me

to vote to kill a man."

The atmosphere became tense.

"But assuming you had taken an oath, would you rather break that oath

than discharge your duty?"

"I wouldn't take such an oath."

"Then you place your private opinions above the law, do you?"

"In this instance, I do. I don't believe in that law, and I won't help

enforce it."

"You mean,"--Glassford was plainly angry--"that you wouldn't take an

oath to enforce a law you didn't believe in?"

"That's just what I mean."

Glassford looked an instant at Holden as if trying to decide what he had

better do with him for these heresies. Holden's blue eyes were steady;

they returned Glassford's gaze, seeming scarcely to wink. And just then

Eades, fearing the effect of the man's scruples on the jury, thought

best to relieve the situation.

"We submit a challenge for cause," he said.

"Allowed," Glassford snapped. "We don't want such men as you on

juries."

He whirled about in his chair, turned his back on Holden, and as Holden

walked directly from the courtroom, the eyes of all followed him, with a

strange interest in a man who was considered unfit for jury service

because he had principles he would not forego.

"Samuel Walker," called Gard.

An aged, doddering man tottered to the chair. He scarcely spoke in

answer to Eades's questions; when he did, it was in the weak, quavering

voice of senility. He had no occupation, knew none of the lawyers, had

no knowledge of the case, had neither formed nor expressed opinions, and

had no scruples against capital punishment.

"You believe that the laws should be executed and upheld?" said Eades in

an insinuating tone.

"Heh?" said the old man, leaning forward with an open palm behind his

hairy ear.

Eades repeated the question and the fellow nodded.

Marriott turned in disgust from this stupid, senile man who was

qualified, as impatiently as Glassford had turned from the intelligent

man who was disqualified. And then, just as Walker was making for the

jury-box, Marriott used his last peremptory challenge.

A moment later he saw his mistake. Gard was calling a name he knew.

"William A. Broadwell."

The short winter afternoon was closing in. For half an hour shadows had

been stealing wearily through the room; the spectators had become a

blurred mass, the jurymen lounging in the box had grown indistinct in

the gloom. For some time, the green shade of the electric lamp on the

clerk's desk had been glowing, but now, as Broadwell came forward, the

old bailiff, shuffling across the floor, suddenly switched on the

electricity, and group by group, cluster by cluster, the bulbs sprang

into light, first in the ceiling, then on the walls, then about the

judge's bench. There was a touch of the theatrical in it, for the

lights seemed to have been switched on to illuminate the entrance of

this important man.

He was sworn and took the witness-chair, which he completely filled, and

clasped his white hands across his round paunch with an air that savored

of piety and unction. The few gray hairs glistening at the sides of his

round bald head gave it a tonsured appearance; fat enfolded his skull,

rounding at his temples, swelling on his clean-shaven, monkish cheeks,

falling in folds like dewlaps over his linen collar. He sat there with

satisfaction, breathing heavily, making no movement, excepting as to his

thin lips which he pursed now and then as if to adjust them more and

more perfectly to what he considered the proper expression of

impeccability. Marriott was utterly sick at heart. For he knew William

A. Broadwell, orthodox, formal, eminently respectable, a server on

committees, a deacon with certain cheap honors of the churchly kind, a

Pharisee of the Pharisees.

In his low solemn voice, pursing his lips nicely after each sentence as

if his own words tasted good to him, Broadwell answered Eades's

questions; he had no opposition to capital punishment, indeed, he added

quite gratuitously, he believed in supporting it; he had great

veneration for the law, and--oh, yes, he had read accounts of the

murder; read them merely because he esteemed it a citizen's duty to be

conversant with affairs of the day, and he had formed opinions as any

intelligent man must necessarily.

"But you could lay aside those opinions and reach a conclusion based

purely on evidence, of course, Mr. Broadwell?"

"Oh, yes, sir," said Broadwell, with an unctuous smile that deprecated

the idea of his being influenced in any but the legitimate way.

"We are thoroughly satisfied with Mr. Broadwell, your Honor," said

Eades.

"One minute, Mr. Broadwell," began Marriott.

Glassford looked at Marriott the surprise he felt at his presumption,

and Marriott felt an opposition in the room. Broadwell shifted

slightly, pursed his lips smugly and looked down on Marriott with his

wise benevolence.

"Mr. Broadwell, you say you read the accounts of the tragedy?"

"Yes."

"Did you read all of them?"

"I believe so."

"Read the report of the evidence given on the preliminary hearing?"

"Yes."

"Read the editorials in the _Courier_?"

"Yes."

"You respect its opinions?"

"I do, yes."

"Your pastor preached a sermon on this case, did he not?"

"He made applications of it in an illustrative way."

"Quite edifying, of course?"

Marriott knew he had made a mistake, but the impulse to have this fling

had been irresistible. Broadwell bowed coldly.

"And all these things influenced you?"

"Yes."

"Exactly. And on them you have formed an opinion respecting the guilt

or innocence of this young man?"

Broadwell cast a hasty sidelong glance at Glassford, as if this had gone

quite far enough, but he said patiently:

"Yes."

"And it would require evidence to remove that opinion?"

"I presume it would."

"You know it would, don't you?"

"Yes."

"We submit a challenge for cause, your Honor," said Marriott.

Glassford turned to Broadwell with an air that told how speedily he

would make an end of this business.

"You have talked with none of the witnesses, Mr. Broadwell?"

"Oh, no, sir," said Broadwell, smiling at the absurdity.

"The accounts you read were not stenographic reports of the evidence?"

"No, sir; abstracts, rather, I should say."

"Exactly. Were the conclusions you came to opinions, or mere

impressions?"

"Mere impressions I should say, your Honor."

"They are not to be dignified by the name of opinions?"

"Hardly, your Honor."

"If they were, you could lay them aside and try this case on its merits,

basing your judgment on the evidence as it is adduced, and on the law as

the court shall declare it to you?"

"Certainly, your Honor."

Glassford turned away.

"If the court," he said, "had any doubts in this matter, they would be

resolved in favor of the defendant, but the court has none. My own

knowledge of Mr. Broadwell and of his standing in the community leads me

to declare that he is the very man for such important service, and the

court feels that we are to be congratulated on having him to assist us

in trying this case. The challenge is overruled. You may take your

seat in the jury-box, Mr. Broadwell."

Glassford consulted his notes; the peremptory challenges were all

exhausted now.

"The jury will rise and be sworn," he said.

Marriott had suffered his first defeat. He looked at the jury. A

change had taken place; these twelve men no longer impressed him as an

institution grown old and gray with the waste of ages. They no longer

held for him any symbolic meaning; little by little, during the long,

tedious hours, individualities had developed, the idea of unity had

receded. Seen thus closely and with increasing familiarity, the formal

disappeared, the man emerged from the mass, and Marriott found himself

face to face with the personal equation. He sat with one arm thrown

over the back of his chair and looked at them, watching, as it were,

this institution disintegrate into men, merely; men without the

inspiration of noble ideals, swayed by primitive impulses, unconsciously

responsive to the obscure and mysterious currents of human feeling then

flowing through the minds of the people, generating and setting in

motion vague, terrible and irresistible powers. He could feel those

strange, occult currents moving in him--he must set himself against them

that he might stand, though all alone, for the ignorant boy whose soul

had strayed so far.

He studied the faces of the twelve men, trying to discover some hope,

some means of moving and winning them. There was old McGiffert, who

alone of all the first venire had withstood the mutations of the last

four days, sitting serene and triumphant, sure of his two dollars a day,

utterly unconscious of the grave and tragic significance of the

responsibilities he had been so anxious to assume. There was Osgood,

the contractor, a long row of cigars, a tooth-brush, and a narrow comb

sticking out of his waistcoat pocket; Duncan, with his short sandy hair

covering sparsely a red scalp that moved curiously when he uttered

certain words; Foley, constantly munching his tobacco, as he had been

doing for sixty years, so that when he spoke he did so with closed lips;

Slade, the man with the rough red face, who found, as Marriott had at

first thought, amusement in everything, for he smiled often, showing his

gums and a row of tiny unclean teeth; there was Grey, constantly moving

his false teeth about in his mouth; Church, with thin gray hair, white

mustache and one large front tooth that pressed into his lower lip; and

then Menard, the grocer's clerk, wearing black clothes that long ago had

passed out of fashion; his sallow, thin, unhealthy face wearing an

expression of fright. Marriott recalled how uncertain Menard had been

in his notions about capital punishment; how, at first, he had said he

was opposed to it, and how at last, under Glassford's metaphysical

distinctions, the boy had declared that he would do his duty. Marriott

had been encouraged, thinking that Menard's natural impulses might

reassert themselves, but now, alas, he recognized that Menard in the

hands of other men would be but the putty he so much resembled. Then

there were Reder, the gray old German, and Chisholm and McCann, the aged

farmers with the unkempt beards, and Broadwell--ah, Broadwell! For it

was Broadwell who held Marriott's gaze at last, as he held his interest;

it was Broadwell, indeed, who was that jury. Naturally stronger than

the rest, his reputation, his pomposity, the character Glassford had

generously given him--all these marked him as the man who would reach

that jury's verdict for it, and then, as foreman, solemnly bear it in.

Marriott looked at him, smug, sleek, overfed, unctuous, his shining bald

head inclined at a meek angle, his little eyes half closed, his

pendulous jowls hiding his collar, and realized that this was the man to

whom he had to try Archie's case, and he would rather have tried the

case to any other man in town. He wished that he had used his

challenges differently; any other twelve of the two hundred men who had

been summoned would have served his purpose better; he had a wild,

impotent regret that he had not allowed the last man to remain before

Broadwell suddenly appeared. Broadwell was standing there now with the

others, his hand raised, his head thrown back, stretching the white

flabby skin of his throat like a frog's, his eyes closed, as if he were

about to pronounce a benediction on Archie before sending him to his

doom.

Gard was repeating the oath:

"'You and each of you do solemnly swear that you will well and truly try

and true deliverance make in the cause now pending, wherein the State is

plaintiff and Archie Koerner is defendant, s'elp you God.'"

Broadwell bowed, as if for the jury; Marriott almost expected him to say

"Amen."

XIV

The next morning there were the same eager, impatient crowds, but there

were yet other preliminaries; the case must now be stated to the jury.

And Eades, speaking solemnly, told the jury of the pursuit of Archie and

the death of Kouka, all of which had been repeated many times. He spoke

of the importance of government, of the sacredness of human life, how

heinous a sin it is to kill people, and how important it was to put

Archie to death immediately in order that this truth might be better

understood, how serious were the juror's duties, how disagreeable his

own duties, and so forth. Then he began to describe the murder of

Margaret Flanagan, but Marriott objected. They wrangled over this for

some time, and, indeed, until Eades, assured that the jurors had been

sufficiently reminded of the Flanagan murder, felt satisfied. Then

Marriott stated the case for the defense, and finally, that afternoon,

the trial began in earnest.

Bentley, following his elaborate system of arrangement, bustled about

with a deputy at hand so that he could command him, pushed back the

crowd, locked the doors, and thereafter admitted no one unless he wished

to. The spectators filled the space outside the bar, and encroached on

the space within, forming a dense, closely-packed circle in the center

of which were the jury, the lawyers at their tables, Archie and Danner,

the reporters, the old stenographer, and Glassford looking down from the

bench. The spectators in a strained, nervous silence stared into the

pit where the game was to be played, the game for which Eades and

Marriott were nerving themselves, the game that had Archie's life for

its colossal stake.

But as the afternoon wore on, expectations were not realized; the

interest flagged. It was seen that the sensations would not come for

days, the proceedings were to move slowly and with a vast and pompous

deliberation to their unrevealed climax. Eades called as witnesses

several laborers who had been of the crowd that pursued Archie and Curly

down the tracks that morning. After them came Weber, the coroner, a

fleshy man with red face and neck, who described the inquest, then his

official physician, Doctor Zimmerman, a young man with a pointed beard,

who wore three chains on his breast, one for the eye-glasses he was

constantly readjusting, another for his clinical thermometer, and

another for his watch. He gave the details of the post-mortem

examination, described the dissection of Kouka's body, and identified

the bullet.

The crowd pressed forward, trying to find some sensation in the ghastly

relic. Eades gave the bullet to the nearest juryman, who examined it

carefully and passed it on. It went from hand to hand of the jurymen,

each rolled it in his palm, studied it with a look of wisdom; finally it

returned to Eades. And the jurors leaned back in their chairs,

convinced that Kouka was dead.

The next morning there were other laborers, other physicians, then

railroad detectives, who identified the revolver. The day wore away,

the atmosphere of the court-room became heavy and somnolent. As

skilfully as he could, Eades drew from his witnesses their stories,

avoiding all questions that might disclose facts to Archie's advantage,

and Marriott battled with these hostile witnesses in long

cross-examinations, seeking in vain for some flaw, some inconsistency.

The tedium told on the nerves,--Eades and Marriott had several quarrels,

exchanged insults, Glassford was petulant, the stolid jurymen exhaled

breaths as heavy as snores. Another day came, and judge and lawyers

began with steadier nerves, more impersonal and formal manners; they

were able to maintain a studious courtesy, the proceedings had an

institutional character, something above the human, but as the day

advanced, as the struggle grew more intense, as the wrangling became

more frequent, it was seen that they were but men, breaking down and

giving way to those passions their calm and stately institution

condemned and punished in other men.

And through it all Archie sat there silent, and, as the newspaper men

scrupulously reported each day, unmoved. But Marriott could hear him

breathe, and when occasionally he glanced at him, could see tiny drops

of moisture glistening on his brow, could see the cords swelling in his

neck, could even hear the gurgle in his throat as he tried to swallow.

Archie rarely spoke; he glanced at the witnesses, now and then at the

jurors, but most of all at Eades. Thus far, however, the testimony had

been formal; there was yet no evidence of premeditation on Archie's

part, and that was the vital thing.

XV

And yet Marriott knew better than to hope. As he walked to the

court-house Monday morning, he wondered how he was to get through the

week. He looked on those he met as the strangely happy and favored

beings of another world, and envied them keenly, even the ragged

outcasts shoveling the newly-fallen snow from the sidewalks. And there

in the upper corridor was that hated crowd, that seemed to be in league

with Eades, Glassford, the jury, the police, the whole machinery of the

state, to kill Archie, to stamp his identity out of the world. Just

then the crowd gyrated in precipitated interest, and he saw Bentley and

Danner bringing Archie down the hall, all three stamping the snow from

their boots. And he saw another figure, new to him, but one that

instantly filled him with strange foreboding. Why, he could not tell,

but this was the effect of the figure that shambled down the corridor.

The man was alone, a tall gaunt form in rough gray clothes, with a long

gray face, walking in loose gangling strides, flinging his huge feet one

after the other, leaving moist tracks behind him. A hickory cane

dangled by its crook from his left arm, he slowly smoked a cigar, taking

it from his mouth occasionally with an uncouth gesture. As he swung

along in his awkward, spraddling gait, his frame somehow conveyed

paradoxically an impression of strength. It seemed that at any moment

this man was in danger of coming apart and collapsing--until Marriott

caught his restless eye.

Archie had seen him the instant he entered the corridor. Marriott

detected Archie's recognition, and he looked intently for some inkling

of the meaning. The man, in the same instant, saw Archie, stopped, took

his cigar from his lips, spat, and said in a peculiar, soft voice:

"Why, Archie, my boy."

This incident deepened Marriott's foreboding. A few moments later, as

the bailiff was opening court, the man entered with a familiar and

accustomed air, and Bentley got a chair and made him comfortable so that

he might enjoy the trial.

"Who's that man?" Marriott whispered to Archie.

"That? That's old Jimmy Ball, the deputy warden at the pen."

"What do you suppose--"

"He's here to knock, that's what. He's here to rap ag'in me, the old--"

Archie applied his ugly epithet with an expression of intensest hatred,

and glared at Ball. Now and then Archie repeated the epithet under his

breath, trying each time to strengthen it with some new oath.

But Marriott just then had no time to learn the significance of this

strange presence. Eades was calling a witness.

"Detective Quinn!"

Quinn came in after the usual delay, walking with the policeman's

swagger even after years on the detective force. He came in with his

heavy shoulders set well back, and his head held high, but his eyes had

the fixed stare of self-consciousness. Taking the oath, he ascended the

witness-stand, leaned over, placed his hat against the side of the

chair, and then, crossing one fat thigh over the other, held it in

position with his hand. On his finger flashed a diamond, another

diamond sparkled on his shirt-front.

"Pipe the rocks!" whispered Archie. "Know where he got 'em? Jane

nicked a sucker and Quinn made her give 'em to him for not rapping."

Marriott impatiently waved Archie into silence; like all clients he was

constantly leaning over at critical moments of the trial to say

immaterial things, and, besides, his hot moist breath directly in

Marriott's ear was very unpleasant.

Eades led Quinn through the preliminaries of his examination, and then

in a tone that indicated an approach to significant parts of the

testimony, he said:

"You may now state, Mr. Quinn, when you next saw the defendant."

Quinn threw back his head, fingered his close-cropped red mustache, and

reflected as if he had not thought of the subject for a long time. He

was conscious that he was thus far the most important witness of the

trial. He relished the sensation, and, knowing how damaging his

testimony would be, he felt a crude satisfaction. Presently he spoke,

his voice vibrating like a guitar string in the tense atmosphere.

"The Friday morning before the Flanagan murder."

"Where did you meet him?"

"In Kentucky Street near Cherokee."

"Was he alone, or was some one with him?"

"Another man was with him."

"Who was that other man--if you know?"

"He was an old-timer; they call him Dad."

"What do you mean by an 'old-timer'?"

"An old-time thief--an ex-convict."

"Very well. Now tell the jury what you did--if anything."

"Well, I knowed Koerner was just back from the pen, and we got to

talking."

"What did he say?"

"Oh, I don't just remember. We chewed the rag a little."

Eades scowled and hitched up his chair.

"Did he say anything about Kouka?"

"Hold on!" Marriott shouted. "We object! You know perfectly well you

can't lead the witness."

"Well, don't get excited," said Eades, as if he never got excited

himself; as he had not, indeed, in that instance, his lawyer's ruse

having so well served its purpose. "I'll withdraw the question." He

thought a moment and then asked:

"What further, if anything, was said?"

"Oh," said Quinn, who had understood. "Well, he asked me where Kouka

was. You see he had it in for Kouka."

"No!" cried Marriott. "Not that."

"Just tell what he said about Kouka," Eades continued.

"I was trying to," said Quinn, as if hurt by Marriott's interruption.

"Ever since Kouka sent him up for--"

"Now look here!" Marriott cried, "this has gone far enough. Mr. Eades

knows--"

"Oh, proceed, gentlemen," said Glassford wearily, as if he were far

above any such petty differences, and the spectators laughed, relishing

these little passages between the lawyers.

"Mr. Quinn," said Eades in a low, almost confidential tone, "confine

yourself to the questions, please. Answer the last question."

Quinn, flashing surly and reproachful glances at Marriott, replied:

"Well, he asked about Kouka, where he was and all that, and he said,

says he, 'I'm going to get him!'"

The jury was listening intently. Even Glassford cocked his head.

"I asked him what he meant, and he said he had it in for Kouka and was

going to croak him."

Archie had been leaning forward, his eyes fixed in an incredulous stare,

his face had turned red, then white, and now he said, almost audibly:

"Well, listen to that, will you!"

"Sh!" said Marriott.

Archie dropped back, and Marriott heard him muttering under his breath,

marveling at Quinn's effrontery.

"Tell the jury what further, if anything, was said," Eades was saying.

"Nothing much," said Quinn; "that was about all."

"What did you do after that?"

"I placed him under arrest."

"Why?"

"Well, I didn't think it was safe for him to be around--feeling that

way."

"If he ain't the limit!" Marriott heard Archie exclaim, and he began his

whispered curses and objurgations again. In his excitement and impotent

rage, Marriott was exceedingly irritable, and again he commanded Archie

to be still.

Eades paused in his examination, bit his lip, and winked rapidly as he

thought. The atmosphere of the trial showed that a critical moment had

come. Marriott, watching Eades out of the corner of his eye, had

quietly, almost surreptitiously moved back from the table, and he sat

now on the edge of the chair. The jurymen were glancing from Eades to

Marriott, then at Quinn, with curious, puzzled expressions.

"Mr. Quinn," said Eades, looking up, "when did you next see Koerner--if

at all?"

"On the next Tuesday after that."

"Where?"

"In the C. and M. railroad yards."

"Who was with you, if any one?"

"Detectives Kouka, and Officers Delaney and O'Brien, of the railroad,

and Officers Flaherty, Nunnally, O'Toole and Finn--besides a lot of

citizens. I don't--"

"That will suffice. And how came you--but first--" Eades interrupted

himself. Marriott was still watching him narrowly, and Eades, it

seemed, was postponing a question he feared to ask. "First, tell

me--tell the jury--where Koerner was, and who, if anybody, was with

him?"

"Well, sir, this here fellow they call Curly--Jackson's his name--he's a

thief--a yegg man as they call 'em--he was with him; they was running

and we was chasing 'em."

"And why were you chasing them?"

"We had orders."

"From whom?"

"Inspector McFee."

"What were those orders?"

"Well, sir, there had been a report of that Flanagan job--"

"Stop!" Marriott shouted. "We object."

"One moment, Mr. Quinn," said Eades, with an effect of quieting Marriott

as much as of staying Quinn. Marriott had risen and was leaning over the

table. Eades hesitated, realizing that the question on his lips would

precipitate one of the great conflicts of the trial. He was in grave

doubt of the propriety of this question; he had been considering it for

weeks, not only in its legal but in its moral aspect. He had been

unable to convince himself that Archie had been concerned in the murder

of Margaret Flanagan; he had been uncertain of his ability to show

premeditation in the killing of Kouka. He knew that he could not

legally convict Archie of murdering the woman, and he knew he could not

convict him of murdering the detective unless he took advantage of the

feeling that had been aroused by the Flanagan tragedy. Furthermore, if

he failed to convict Archie, the public would not understand, but would

doubt and criticize him, and his reputation would suffer. And he

hesitated, afraid of his case, afraid of himself. The moments were

flying, a change even then was taking place, a subtle doubt was being

instilled in the minds of the crowd, of the jurymen even. He hesitated

another moment, and then to justify himself in his own mind, he said:

"Mr. Quinn, don't answer the question I am about to ask until the court

tells you to do so." He paused, and then: "I'll ask you, Mr. Quinn, to

tell the jury when you first heard the report of the murder of Margaret

Flanagan."

"Object!"

Marriott sprang to his feet, his eyes blazing, his figure tense with

protest.

"I object! We might as well fight this thing out right here."

"What is your objection?" asked Glassford.

"Just this, your Honor," Marriott replied. "The question, if allowed,

would involve another homicide, for which this defendant is not on

trial. It is not competent at this stage of the case to show

specifically or generally other offenses with which this defendant has

been charged or of which he is suspected. It would be competent, if

ever, only as showing reputation, and the reputation of the defendant

has not yet been put in evidence. Further, if answered in its present

form, the evidence would be hearsay."

Eades had been idly turning a lead-pencil end for end on the table, and

now with a smile he slowly got to his feet.

"If the Court please," he began, "Mr. Marriott evidently does not

understand; we are not seeking to show the defendant's reputation, or

that he is charged with or suspected of any other crime. What we are

trying to show is that these officers, Detective Quinn and the deceased,

were merely performing a duty when they attempted to arrest Koerner,

that they were acting under orders. What we offer to show is this:

Margaret Flanagan had been murdered and the officers had reasonable

grounds to believe that Koerner--"

"Now see here!" cried Marriott. "That isn't fair, and you know it. You

are trying to influence the jury, and I'm surprised that a lawyer of

your ability and standing should resort to tactics so unprofessional--"

Eades colored and was about to reply, but Marriott would not yield.

"I say that such tactics are unworthy of counsel; they would be unworthy

of the veriest pettifogger!"

Eades flushed angrily.

"Do you mean to charge--" he challenged.

"Gentlemen, gentlemen!" Glassford warned them. "Address yourselves to

the Court."

Eades and Marriott exchanged angry and menacing glances. The jury

looked on with a passivity that passed very well for gravity. At the

risk of incurring the jurors' displeasure, Marriott asked that they be

excused while the question was debated, and Glassford sent them from the

room.

The legal argument began. Marriott had countless precedents to justify

Glassford's ruling in his favor, just as Eades had countless precedents

to justify Glassford's ruling in his favor, but to the spectators it all

seemed useless, tedious and silly. A murder had been committed, they

thought, and hence it was necessary that some one be killed; and there

sat Archie Koerner--why wait and waste all this time? why not proceed at

once to the tragic denouement and decree his death?

Glassford, maintaining a gravity, and as if he were considering all the

cases Marriott and Eades were citing, and weighing them nicely one

against the other, listened to the arguments all day, gazing out of the

window at the scene so familiar to him. Across the street, in an upper

room of a house, was a window he had been interested in for months. A

woman now and then hovered near it, and Glassford had long been

tantalized by his inability to see clearly what she was doing.

The next morning Glassford announced his decision. It was to the effect

that the State would be permitted to show only that a felony had been

committed, and that the officers had had grounds for believing that

Archie had committed it; but as to details of that murder, or whether

Archie had committed it, or who had committed it--that should all be

excluded. This was looked upon as a victory for the defense, and, at

Marriott's request, Glassford told the jurors that they were not to

consider anything that had been said about the Flanagan murder or

Archie's connection with it. All this, he told them, they were to

dismiss from their minds and not to be influenced by it in the least.

The jurymen paid Glassford an exaggerated, almost servile attention, and

when he had done, several of them nodded. And all were glad that they

were to hear nothing more of the Flanagan murder, for, during the long

hours of their exclusion from the court-room, they had talked of nothing

but the Flanagan murder, had recalled all of its details, and argued and

disputed about it, until they had tired of it, and then had gone on to

recall other murders that had been committed in the county, and finally,

other murders of which they had heard and read.

Quinn, in telling again the story the jurors had heard so many times in

court, and had read in the newspapers, frequently referred to the

Flanagan murder, until Marriott wearied of the effort to prevent him.

He knew that it was useless to cross-examine Quinn, useless to attempt

to impress on the crystallized minds of the jurymen the facts as they

had occurred. The jurymen were not listening; they were looking at the

ceiling, or leaning their heads on their hands, enduring the proceedings

as patiently as they could, as patiently as Eades or Quinn or Glassford.

And Marriott reflected on the inadequacy of every means of communication

between human beings. How was he to make them understand? How was he

to get them to assume, if for an instant only, his point of view? Here

they were in a court of justice, an institution that had been evolved,

by the pressure of economic and social forces, through slow, toiling

ages; the witnesses were sworn to tell "the truth, the whole truth, and

nothing but the truth," and yet, such was man's puerility and impotence,

such was the imperfection of his means of conveying ideas, that the

whole truth could not possibly be told--a thousand elements and

incidents must be omitted; the moods, for instance, of Archie when he

talked to Quinn or to Kouka, the expressions on their faces, the light

in their eyes, indications far more potent than mere words, words that

might be lightly, trivially, innocently spoken one day and under one set

of circumstances, but which, on some other day and under other

circumstances, would take on a terrible, blasting, tragic significance.

Above all, that intangible thing, the atmosphere of the occasion--this

could by no possibility be reproduced even though Quinn made every

effort to be honest. And how much greater the impossibility when Quinn

was willing to be disingenuous, to allow the prejudices and the passions

of his hearers to reflect on his words their own sentiments, so that the

hatred in the hearts of this this jury, these prosecutors, might seem to

be a hatred, instead, in Archie's breast! Realizing the impossibility,

Marriott felt again the strong, occult influences that opposed him, and

had scarcely the strength to cross-examine Quinn. And yet he must make

the effort, and for two long hours he battled with Quinn, set his wits

and his will against him, but it was all hopeless. For he was not

opposing Quinn's mind alone, he was opposing the collective mind of this

crowd behind him, and that larger crowd in the city outside.

"Anything further, Mr. Marriott?" asked Glassford.

Marriott had a momentary rage at this impersonation of the vengeful

state sitting before him, and exclaimed with disgust:

"Oh, I guess not."

XVI

The instant Marriott entered the court-house the next morning he was

sensible of a change; it was as palpable as the heavy, overheated

atmosphere indoors after the cool air outdoors. He could not account

for this change; he knew only that it had come in the night, and that it

boded some calamity in the world. Already it seemed to have had its

effect on the men he met, clerks, attaches, and loafers; they glanced at

him stealthily, then averted their eyes quickly. Somehow they filled

Marriott with loathing and disgust.

As he went up in the swiftly-ascending elevator, the old man who

operated it gave him that same look, and then observed:

"Something's in the air to-day."

Yes, thought Marriott, something is in the air. But what?

"I reckon it's going to storm," the white-headed veteran of the great

war went on. "My rheumatiz hurts like hell this morning."

What mysterious relation was it, wondered Marriott, that bound this old

man through his joints--gnarled by the exposure of his service to his

country so long before--to all nature, foretelling her convulsions and

cataclysms? What mysterious relation was it that bound men's minds to

the moral world, foretelling as well its catastrophes and tragedies?

"I reckon it's the January thaw," the old fellow jabbered on, his mind

never rising above the mere physical manifestations of nature.

The crowd was denser than ever, and there in the front row, where she

had been every day of the trial, was old Mrs. Koerner, with eyes that

every day grew deeper and wider, as more and more tragedy was reflected

in their profound and mysterious depths.

"Call Henry Griscom," said Eades.

The crowd, the jury, the lawyers, waited. Marriott wondered; he felt

Archie's breath in his ear and heard his teeth chatter as he whispered:

"I knew old Jimmy Ball had something framed up. Great God!"

The crowd made way, and the tall, lank form of the deputy warden

shambled into the court-room. A man was chained to him.

"Great God!" Archie was chattering; "he's going to split on me!"

The man whom Ball had just unshackled took the oath, and looked

indecisively into Ball's eyes. Ball motioned with his cane, and with a

slow mechanical step, the man walked to the witness-stand and perched

himself uneasily on the edge of the chair.

Archie fixed his eyes on the man in a steady, intense blaze; Marriott

heard him cursing horribly.

"The snitch!" he said finally, and then was silent, as if he had put his

whole contempt into that one word.

The emaciated form of the man in the witness chair was clothed in the

gray jacket and trousers of a convict of the first grade. The collar of

his jacket stood out from a scrawny neck that had a nude, leathery,

rugose appearance, like the neck of a buzzard. If he wore a shirt, it

was not visible, either at his neck or at his spindling wrists. As he

hung his head and tried to shrink from the concentrated gaze of the

crowd into his miserable garments, he suggested a skeleton, dressed up

in ribald sport. It was not until Eades had spoken twice that the man

raised his head, and then he raised it slowly, carefully, as if dreading

to look men in the eyes. His shaven face was long and yellow; the skin

at the points of his jaw, at his retreating chin and at his high

cheek-bones was tightly stretched, and shone; he rolled his yellow

eye-balls, and winked rapidly in the light of freedom to which he was so

unaccustomed.

"Who is he?" Marriott whispered quickly.

"An old con.--a lifer," Archie explained. "One o' them false alarms.

He's no good. They've promised to put him on the street for this."

But Eades had begun his examination.

"And where do you reside, Mr. Griscom?" Eades was asking in a respectful

tone, just as if the man might be a resident of Claybourne Avenue.

"In the penitentiary."

"How long have you been there?"

"Seventeen years."

"And your sentence is for how long?" Eades continued.

The man's eyes drooped.

"Life." The word fell in a hollow silence.

"And do you know this man here--Archie Koerner?"

The convict, as if by an effort, raised his eyes to Archie, dropped them

hastily and nodded.

"What do you say?" said Eades. "You must speak up."

"Yes, I know him."

"Where did you know him?"

"In the pen."

It was all clear now, the presence of Ball, the newspapers' promise of a

sensation, the doom that had hung in the atmosphere that morning.

Marriott watched the convict first with loathing, then with pity, as he

realized the fact that when this man had spoken the one word "life"--he

had meant "death"--a long, lingering death, drawn out through

meaningless days and months and years, blank and barren, a waste in

which this one incident, this railroad journey in chains, this temporary

reassertion of personality, this brief distinction in the crowded

court-room, this hour of change, of contact with free men, were

circumstances to occupy his vacant mind during the remaining years of

his misery, until his death should end and life once more come to him.

"And now, Mr. Griscom," Eades was saying with a respect that was a

mockery, "tell the jury just what Koerner said to you about Detective

Kouka."

The convict hesitated, his chin sank into the upright collar of his

jacket, his eyes roved over the floor, he crossed, uncrossed and

recrossed his legs, picked at his cap nervously.

"Just tell the jury," urged Eades.

The convict stiffly raised his bony hand to his blue lips to stifle the

cough in which lay his only hope of release.

"I don't just--" He stopped.

The crowd strained forward. The jury glanced uneasily from Griscom to

Eades, and back to Griscom again. And then there was a stir. Ball was

sidling over from the clerk's desk to a chair Bentley wheeled forward

for him, and as he sank into it, he fixed his eyes on Griscom. The

convict shifted uneasily, took down his hand, coughed loosely and

swallowed painfully, his protuberant larynx rising and falling.

"Just give Koerner's exact words," urged Eades.

"Well, he said he had it in for Kouka, and was going to croak him when

he got home."

"What did he mean by 'croak,' if you know?"

"Kill him. He said he was a dead shot--he'd learned it in the army."

"How many times did you talk with him?"

"Oh, lots of times--every time we got a chance. Sometimes in the bolt

shop, sometimes in the hall when we had permits."

"What else, if anything, did he say about Kouka?"

"Oh, he said Kouka'd been laggin' him, and he was goin' to get him. He

talked about it pretty much all the time."

"Is that all?"

"That's about all, yes, sir."

"Take the witness."

Griscom, evidently relieved, had started to leave the chair, and as he

moved he drew his palm across a gray brow that suddenly broke out in

repulsive little drops of perspiration.

"One moment, Griscom," said Marriott, "I'd like to ask you a few

questions."

The court was very still, and every one hung with an interest equal to

Marriott's on the convict's next words. Griscom found all this interest

too strong; his pallid lips were parted; he drew his breath with

difficulty, his chest was moving with automatic jerks; presently he

coughed.

Marriott began to question the convict about his conversations with

Archie. He did this in the belief that while Archie had no doubt

breathed his vengeance against Kouka, his words, under the

circumstances, were not to be given that dreadful significance which now

they were made to assume. He could imagine that they had been uttered

idly, and that they bore no real relation to his shooting of Kouka. But

the difficulty was to make this clear to the crystallized, stupid and

formal minds of the jury, or rather to Broadwell, who was the jury. He

tried to induce Griscom to describe the circumstances under which Archie

had made these threats, but Griscom was almost as stupid as the jurors,

and the law was more stupid than either, for Griscom in his effort to

meet the questions was continually making answers that involved his own

conclusions, and to them Eades always objected, and Glassford always

sustained the objections. And Marriott experienced the same sensations

that he had when Quinn was testifying. There was no way to reproduce

Archie's manner--his tone, his expression, the look in his eyes.

To hide his chagrin, Marriott wiped his mouth with his handkerchief,

leaned over and consulted his notes.

"A life is a long time, isn't it, Griscom?" he resumed, gently now.

"Yes." Griscom's chin fell to his breast.

"And the penitentiary is not a good place to be?"

Griscom looked up with the first flash of real spirit he had displayed.

"I wouldn't send a dog there, Mr. Marriott!"

"No," said Marriott, "and you'd like to get out?"

"Sure."

"You've applied for a pardon?"

"Yes."

Marriott's heart was beating fast. At last he had a hope. He could

hear the ticking of the big clock on the wall, he could catch the faint

echoes of his voice against the high ceiling of the room whose acoustic

properties were so poor, he could hear the very breathing of the crowd

behind him.

The Turn of the Balance · 第 7 / 9 章