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Had he ever laid hands on her in temper? Hammer wanted to know.
"Yes." Her reply was a little more than a whisper, with head bent, with tears in her sad eyes. Under Hammer's pressure she told about the purchase of the ribbon, of Isom's iron hand upon her throat.
The women all over the room made little sounds of pitying deprecation of old Isom's penury, and when Hammer drew from her, with evident reluctance on her part to yield it up, the story of her hard-driven, starved, and stingy life under Isom's roof, they put their handkerchiefs to their eyes.
All the time Ollie was following Hammer's kind leading, the prosecuting attorney was sitting with his hands clasped behind his head, balancing his weight on the hinder legs of his chair, his foot thrown over his knee. Apparently he was bored, even worried, by Hammer's pounding attempts to make Isom out a man who deserved something slower and less merciful than a bullet, years before he came to his violent end.
Through it all Joe sat looking at Ollie, great pity for her forlorn condition and broken spirit in his honest eyes. She did not meet his glance, not for one wavering second. When she went to the stand she passed him with bent head; in the chair she looked in every direction but his, mainly at her hands, clasped in her lap.
At last Hammer seemed skirmishing in his mind in search of some stray question which might have escaped him, which he appeared unable to find. He turned his papers, he made a show of considering something, while the witness sat with her head bowed, her half-closed eyelids purple from much weeping, worrying, and watching for the coming of one who had taken the key to her poor, simple heart and gone his careless way.
"That's all, Missis Chase," said Hammer.
Ollie leaned over, picked up one of her gloves that had fallen to the floor, and started to leave the chair. Her relief was evident in her face. The prosecutor, suddenly alive, was on his feet. He stretched out his arm, staying her with a commanding gesture.
"Wait a minute, Mrs. Chase," said he.
A stir of expectation rustled through the room again as Ollie resumed her seat. People moistened their lips, suddenly grown hot and dry.
"Now, just watch Sam Lucas!" they said.
"Now, Mrs. Chase," began the prosecutor, assuming the polemical attitude common to small lawyers when cross-examining a witness; "I'll ask you to tell this jury whether you were alone in your house with Joe Newbolt on the night of October twelfth, when Isom Chase, your husband, was killed?"
"Yes, sir."
"This man Morgan, the book-agent, who had been boarding with you, had paid his bill and gone away?"
"Yes, sir."
"And there was absolutely nobody in the house that night but yourself and Joe Newbolt?"
"Nobody else."
"And you have testified, here on this witness-stand, before this court and this jury"—that being another small lawyer's trick to impress the witness with a sense of his own unworthiness—"that you went to bed early that night. Now, where was Joe Newbolt?"
"I guess he was in bed," answered Ollie, her lips white; "I didn't go to see."
"No, you didn't go to see," repeated the prosecutor with significant stress. "Very well. Where did your husband keep his money in the house?"
"I don't know; I never saw any of it," Ollie answered.
The reply drew a little jiggling laugh from the crowd. It rose and died even while Captain Taylor's knuckles were poised over the panel of the door, and his loud rap fell too late for all, save one deep-chested farmer in a far corner, who must have been a neighbor of old Isom. This man's raucous mirth seemed a roar above the quiet of the packed room. The prosecutor looked in his direction with a frown. The sheriff stood up and peered over that way threateningly.
"Preserve order, Mr. Sheriff," said the judge severely.
The sheriff pounded the table with his hairy fist. "Now, I tell you I don't want to hear no more of this!" said he.
The prosecutor was shaken out of his pose a bit by the court-room laugh. There is nothing equal to a laugh for that, to one who is laboring to impress his importance upon the world. It took him some time to get back to his former degree of heat, skirmishing around with incidental questioning. He looked over his notes, pausing. Then he faced Ollie again quickly, leveling his finger like a pointer of direct accusation.
"Did Joe Newbolt ever make love to you?" he asked.
Joe's face flushed with resentful fire; but Ollie's white calm, forced and strained that it was, remained unchanged.
"No, sir; he never did."
"Did he ever kiss you?"
"No, I tell you, he didn't!" Ollie answered, with a little show of spirit.
Hammer rose with loud and voluble objections, which had, for the first time during the proceedings, Joe's hearty indorsement. But the judge waved him down, and the prosecutor pressed his new line of inquisition.
"You and Joe Newbolt were thrown together a good deal, weren't you, Mrs. Chase—you were left there alone in the house while your husband was away in the field, and other places, frequently?"
"No, not very much," said Ollie, shaking her head.
"But you had various opportunities for talking together alone, hadn't you?"
"I never had a chance for anything but work," said Ollie wearily.
Unawed by the sheriff's warning, the assembly laughed again. The sound ran over the room like a scudding cloud across a meadow, and when the sheriff stood again to set his censorious eye upon someone responsible, the last ripple was on the farther rows. Nobody can catch a laugh in a crowd; it is as evasive as a pickpocket. Nobody can turn with watchful eye upon it and tell in what face the ribald gleam first breaks. It is as impossible as the identification of the first stalk shaken when a breeze assails a field of grain.
The sheriff, not being deeper than another man, saw the fatuity of his labor. He turned to the court with a clownish gesture of the hands, expressive of his utter inability to stop this thing.
"Proceed with the case," said the judge, understanding the situation better than the sheriff knew.
The prosecuting attorney labored away with Ollie, full of the feeling that something masked lay behind her pale reticence, some guilty conspiracy between her and the bound boy, which would show the lacking motive for the crime. He asked her again about Morgan, how long she had known him, where he came from, and where he went—a question to which Ollie would have been glad enough to have had the answer herself.
He hung on to the subject of Morgan so persistently that Joe began to feel his throat drying out with a closing sensation which he could not swallow. He trembled for Ollie, fearing that she would be forced into telling it all. That was not a woman's story, thought he, with a heart full of resentment for the prosecutor. Let him wait till Morgan came, and then——
But what grounds had he now for believing Morgan might come? Unless he came within the next hour, his coming might be too late.
"You were in bed and asleep when the shot that killed your husband was fired, you have told the jury, Mrs. Chase?" questioned the prosecutor, dropping Morgan at last.
"Yes, sir."
"Then how did it come that when Mrs. Greening and her daughter-in-law arrived a few minutes later you were all dressed up in a white dress?"
"I just slipped it on," said she.
"You just slipped it on," repeated the prosecutor, turning his eyes to the jury, and not even facing Mrs. Chase as he spoke, but reading into her words discredit, suspicion, and a guilty knowledge.
"It was the only one I had besides two old wrappers. It was the one I was married in, and the only one I could put on to look decent in before people," said she.
A crowd is the most volatile thing in the world. It can laugh and sigh and groan and weep, as well as shout and storm, with the ease of an infant, and then immediately regain its immobility and fixed attention. With Ollie's simple statement a sound rose from it which was a denunciation and a curse upon the ashes of old Isom Chase. It was as if a sympathetic old lady had shaken her head and groaned:
"Oh, shame on you—shame!"
Hammer gave the jury a wide-sweeping look of satisfaction, and made a note on the tumbled pile of paper which lay in front of him.
The prosecutor was a man with congressional aspirations, and he did not care to prejudice his popularity by going too far in baiting a woman, especially one who had public sympathy in the measure that it was plainly extended to Ollie. He eased up, descending from his heights of severity, and began to address her respectfully in a manner that was little short of apology for what his stern duty compelled him to do.
"Now I will ask you, Mrs. Chase, whether your husband and this defendant, Joe Newbolt, ever had words in your hearing?"
"Once," Ollie replied.
"Do you recall the day?"
"It was the morning after Joe came to our house to work," said she.
"Do you remember what the trouble was about and what said?"
"Well, they said a good deal," Ollie answered. "They fussed because Joe didn't get up when Isom called him."
Joe felt his heart contract. It seemed to him that Ollie need not have gone into that; it looked as if she was bent not alone on protecting herself, but on fastening the crime on him. It gave him a feeling of uneasiness. Sweat came out on his forehead; his palms grew moist. He had looked for Ollie to stand by him at least, and now she seemed running away, eager to tell something that would sound to his discredit.
"You may tell the jury what happened that morning, Mrs. Chase."
Hammer's objection fell on barren ground, and Ollie told the story under the directions of the judge.
"You say there was a sound of scuffling after Isom called him?" asked the prosecutor.
"Yes, it sounded like Isom shook him and Joe jumped out of bed."
"And what did Joe Newbolt say?"
"He said, 'Put that down! I warned you never to lift your hand against me. If you hit me, I'll kill you in your tracks!'"
"That's what you heard Joe Newbolt say to your husband up there in the loft over your head?"
The prosecutor was eager. He leaned forward, both hands on the table, and looked at her almost hungrily. The jurymen shuffled their feet and sat up in their chairs with renewed interest. A hush fell over the room. Here was the motive at the prosecutor's hand.
"That's what he said," Ollie affirmed, her gaze bent downward.
She told how Isom had come down after that, followed by Joe. And the prosecutor asked her to repeat what she had heard Joe say once more for the benefit of the jury. He spoke with the air of a man who already has the game in the bag.
When the prosecutor was through with his profitable cross-examination, Hammer tried to lessen the effect of Ollie's damaging disclosure, but failed. He was a depressed and crestfallen man when he gave it up.
Ollie stepped down from the place of inquisition with the color of life coming again into her drained lips and cheeks, the breath freer in her throat. Her secret had not been torn from her fearful heart; she had deepened the cloud that hung over Joe Newbolt's head. "Let him blab now," said she in her inner satisfaction. A man might say anything against a woman to save his neck; she was wise enough and deep enough, for all her shallowness, to know that people were quick to understand a thing like that.
In passing back to her place beside her mother she had not looked at Joe. So she did not see the perplexity, anxiety, even reproach, which had grown in Joe's eyes when she testified against him.
"She had no need to do that," thought Joe, sitting there in the glow of the prosecutor's triumphant face. He had trusted Ollie to remain his friend, and, although she had told nothing but the truth concerning his rash threat against Isom, it seemed to him that she had done so with a studied intent of working him harm.
His resentment rose against Ollie, urging him to betray her guilty relations with Morgan and strip her of the protecting mantle which he had wrapped about her at the first. He wondered whether Morgan had not come and entered into a conspiracy with her to shield themselves. In such case what would his unfolding of the whole truth amount to, discredited as he already was in the minds of the jurors by that foolish threat which he had uttered against Isom in the thin dawn of that distant day?
Perhaps Alice had gone away, also, after hearing Ollie's testimony, in the belief that he was altogether unworthy, and already branded with the responsibility for that old man's death. He longed to look behind him and search the throng for her, but he dared not.
Joe bowed his head, as one overwhelmed by a sense of guilt and shame, yet never doubting that he had acted for the best when he assumed the risk on that sad night to shield his master's wife. It was a thing that a man must do, that a man would do again.
He did not know that Alice Price, doubting not him, but the woman who had just left the witness-stand and resumed her place among the people, was that moment searching out the shallow soul of Ollie Chase with her accusing eyes. She sat only a little way from Ollie, in the same row of benches, beside the colonel. She turned a little in her place so she could see the young widow's face when she came down from the stand with that new light in her eyes. Now she whispered to her father, and looked again, bending forward a little in a way that seemed impertinent, considering that it was Alice Price.
Ollie was disconcerted by this attention, which drew other curious eyes upon her. She moved uneasily, making a bustle of arranging herself and her belongings in the seat, her heart troubled with the shadow of some vague fear.
Why did Alice Price look at her so accusingly? Why did she turn to her father and nod and whisper that way? What did she know? What could she know? What was Joe Newbolt and his obscure life to Colonel Price's fine daughter, sitting there dressed better than any other woman in the room? Or what was Isom Chase, his life, his death, or his widow, to her?
Yet she had some interest beyond a passing curiosity, for Ollie could feel the concentration of these sober brown eyes upon her, even when she turned to avoid them. She recalled the interest that Colonel Price and his daughter had taken in Joe. People had talked of it at first. They couldn't understand it any more than she could. The colonel and his daughter had visited Joe in jail, and carried books to him, and treated him as one upon their own level.
What had Joe told them? Had the coward betrayed her?
Ollie was assailed again by all her old, dread fears. What if they should get up and denounce her? With all of Colonel Price's political and social influence, would not the public, and the judge and jury, believe Joe's story if he should say it was true? She believed now that it was all arranged for Joe to denounce her, and that timid invasion of color was stemmed in her cheeks again.
It was a lowering day, with a threat of unseasonable darkness in the waning afternoon. The judge looked at his watch; Captain Taylor stirred himself and pushed the shutters back from the two windows farthest from the bench, and let in more light.
People did not know just what was coming next, but the atmosphere of the room was charged with a foreboding of something big. No man would risk missing it by leaving, although rain was threatening, and long drives over dark roads lay ahead of many of the anxious listeners.
Hammer was in consultation with Joe and his mother. He seemed to be protesting and arguing, with a mighty spreading of the hands and shaking of the head. The judge was writing busily, making notes on his charge to the jury, it was supposed.
The prosecuting attorney took advantage of the momentary lull to get up and stretch his legs, which he did literally, one after the other, shaking his shanks to send down his crumpled pantaloons. He went to the window with lounging stride, hands in pockets, and pushed the sash a foot higher. There he stood, looking out into the mists which hung gray in the maple trees.
The jurymen, tired and unshaved, and over the momentary thrill of Ollie's disclosure, lolled and sprawled in the box. It seemed that they now accepted the thing as settled, and the prospect of further waiting was boresome. The people set up a little whisper of talk, a clearing of throats, a blowing of noses, a shifting of feet, a general preparation and readjustment for settling down again to absorb all that might fall.
The country folk seated in the vicinity of Alice Price, among whom her fame had traveled far, whom many of their sons had loved, and languished for, and gone off to run streetcars on her account, turned their freed attention upon her, nudging, gazing, gossiping.
"Purty as a picture, ain't she?"
"Oh, I don't know. You set her 'longside of Bessie Craver over at Pink Hill"—and so on.
The judge looked up from his paper suddenly, as if the growing sound within the room had startled him out of his thought. His face wore a fleeting expression of surprise. He looked at the prosecutor, at the little group in conference at the end of the table below him, as if he did not understand. Then his judicial poise returned. He tapped with his pen on the inkstand.
"Gentlemen, proceed with the case," said he.
The prosecuting attorney turned from the window with alacrity, and Hammer, sweating and shaking his head in one last gesture of protest to his client—who leaned back and folded his arms, with set and stubborn face—rose ponderously. He wiped his forehead with his great, broad handkerchief, and squared himself as if about to try a high hurdle or plunge away in a race.
"Joseph Newbolt, take the witness-chair," said he.
CHAPTER XVIII
A NAME AND A MESSAGE
When Hammer called his name, Joe felt a revival of his old desire to go to the witness-chair and tell Judge Maxwell all about it in his own way, untenable and dangerous as his position had appeared to him in his hours of depression. Now the sheriff released his arm, and he went forward eagerly. He held up his hand solemnly while the clerk administered the oath, then took his place in the witness-chair. Ollie's face was the first one that his eyes found in the crowd.
It seemed as if a strong light had been focused upon it, leaving the rest of the house in gloom. The shrinking appeal which lay in her eyes moved him to pity. He strove to make her understand that the cunning of the sharpest lawyer could set no trap which would surprise her secret from him, nor death itself display terrors to frighten it out of his heart.
It seemed that a sunbeam broke in the room then, but perhaps it was only the clearing away of doubt and vacillation from his mind, with the respectable feeling that he had regained all the nobility which was slipping from him, and had come back to a firm understanding with himself.
And there was Alice, a little nearer to the bar than he had expected to see her. Her face seemed strained and anxious, but he could not tell whether her sympathy was dearer, her feeling softer for him in that hour than it would have been for any other man. Colonel Price had yielded his seat to a woman, and now he stood at the back of the room in front of the inner door as a privileged person, beside Captain Taylor.
Mrs. Newbolt sat straight-backed and expectant, her hand on the back of Joe's empty chair, while the eager people strained forward to possess themselves of the sensation which they felt must soon be loosed among them.
Joe's hair had grown long during his confinement. He had smoothed it back from his forehead and tucked it behind his ears. The length of it, the profusion, sharpened the thinness of his face; the depth of its blackness drew out his pallor until he seemed all bloodless and cold.
Three inches of great, bony arm showed below his coat sleeves; that spare garment buttoned across his chest, strained at its seams. Joe wore the boots which he had on when they arrested him, scarred and work-worn by the stubble and thorns of Isom Chase's fields and pastures. His trousers were tucked into their wrinkled tops, which sagged half-way down his long calves.
Taken in the figure alone, he was uncouth and oversized in his common and scant gear. But the lofty nobility of his severe young face and the high-lifting forehead, proclaimed to all who were competent in such matters that it was only his body that was meanly clad.
Hammer began by asking the usual questions regarding nativity and age, and led on with the history of Joe's apprenticeship to Chase, the terms of it, its duration, compensation; of his treatment at his master's hands, their relations of friendliness, and all that. There was a little tremor and unsteadiness in Joe's voice at first, as of fright, but this soon cleared away, and he answered in steady tones.
The jurors had straightened up out of their wearied apathy, and were listening now with all ears. Joe did not appear to comprehend their importance in deciding his fate, people thought, seeing that he turned from them persistently and addressed the judge.
Joe had taken the stand against Hammer's advice and expectation, for he had hoped in the end to be able to make his client see the danger of such a step unless he should go forward in the intention of revealing everything. Now the voluble lawyer was winded. He proceeded with extreme caution in his questioning, like one walking over mined ground, fearing that he might himself lead his client into some fateful admission.
They at length came down to the morning that Isom went away to the county-seat to serve on the jury, and all had progressed handsomely. Now Joe told how Isom had patted him on the shoulder that morning, for it had been the aim of Hammer all along to show that master and man were on the most friendly terms, and how Isom had expressed confidence in him. He recounted how, in discharge of the trust that Isom had put in him, he had come downstairs on the night of the tragedy to look around the premises, following in all particulars his testimony on this point before the coroner's jury.
Since beginning his story, Joe had not looked at Ollie. His attention had been divided between Hammer and the judge, turning from one to the other. He addressed the jury only when admonished by Hammer to do so, and then he frequently prefaced his reply to Hammer's question with:
"I beg your pardon, gentlemen," as if he feared he might have hurt their feelings by his oversight.
Ollie was cold with apprehension as Joe approached the point in his recital where the danger lay for her. He seemed now to be unaware of her presence, and the fact that he did not seek to assure her with his eyes gave a somber color to her doubts. She knew Hammer's crafty reputation, and understood his eagerness to bring his client off clear. Perhaps he had worked on Joe to make a clean breast of it. Maybe he was going to tell.
All her confidence of a little while ago dissolved, the ease which followed her descent from the witness-chair vanished. She plucked at her dark vestments with trembling hands, her lips half open, her burning eyes on Joe's unmoved face. If he should tell before all these people, before that stern, solemn judge—if he should tell!
Joe went on with his story, Hammer endeavoring to lead him, to the best of his altogether inadequate ability, around the dangerous shoals. But there was no avoiding them. When it came to relating the particulars of the tragedy, Hammer left it all to Joe, and Joe told the story, in all essentials, just as he had told it under the questioning of the coroner.
"We had some words, and Isom started for the gun," said he.
He went over how he had grappled with Isom in an endeavor to prevent him turning the gun against him; told of the accidental discharge of the weapon; the arrival of Sol Greening.
Judge Maxwell leaned back in his chair and listened, his face a study of perplexity and interest. Now and then he lifted his drooping lids and shot a quick, searching glance at the witness, as if seeking to fathom the thing that he had covered—the motive for Isom Chase's act. It was such an inadequate story, yet what there was of it was undoubtedly true.
After Hammer had asked further questions tending to establish the fact of good feeling and friendship between Joe and Isom, he gave it over, knowing full well that Joe had set back his chances of acquittal further than he had advanced them by his persistency in testifying as he had done.
The jury was now in a fog of doubt, as anybody with half an eye could see, and there was Sam Lucas waiting, his eyes glistening, his hard lips set in anticipation of the coming fight.
"Take the witness," said Hammer, with something in his manner like a sigh.
The prosecuting attorney came up to it like a hound on the scent. He had been waiting for that day. He proceeded with Joe in a friendly manner, and went over the whole thing with him again, from the day that he entered Isom's house under bond service to the night of the tragedy. Sam Lucas went with Joe to the gate; he stood with him in the moonlight there; then he accompanied him back to the house, clinging to him like his own garments.
"And when you opened the kitchen door and stepped inside of that room, what did you do?" asked the prosecutor, arranging the transcript of Joe's testimony before the coroner's jury in his hands.
"I lit the lamp," said Joe.
"Yes; you lit the lamp. Now, why did you light the lamp?"
"Because I wanted to see," replied Joe.
"Exactly. You wanted to see."
Here the prosecutor moved his eyes slowly along the two rows of jurors as if he wanted to make certain that none of them had escaped, and as if he desired to see that every one of them was alert and wakeful for what he was about to develop.
"Now, tell the jury what you wanted to see."
"Object!" from Hammer, who rose with his right hand held high, his small finger and thumb doubled in his palm, like a bidder at an auction.
"Now, your honor, am I to be—" began the prosecutor with wearied patience.
"Object!" interrupted Hammer, sweating like a haymaker.
"To what do you object, Mr. Hammer?" asked the court mildly.
"To anything and everything he's about to ask!" said Hammer hotly.
The court-room received this with a laugh, for there were scores of cornfield lawyers present. The judge smiled, balancing a pen between finger and thumb.
"The objection is overruled," said he.
"When you lit that lamp, what did you want to see?" the prosecutor asked again.
"I wanted to see my way upstairs," Joe answered.
The prosecutor threw off his friendly manner like a rustic flinging his coat for a fight. He stepped to the foot of the dais on which the witness chair stood, and aimed his finger at Joe's face.
"What were you carrying in your hand?" he demanded, advancing his finger a little with every word, as if it held the key to the mystery, and it was about to be inserted in the lock.
"Nothing, sir."
"What had you hidden in that room that you wanted a light to find?"
Ha, he's coming down to it now! whispered the people, turning wise looks from man to man. Uncle Posen Spratt set his horn trumpet to his ear, gave it a twist and settled the socket of it so firmly that not a word could leak out on the way.
"I hadn't hidden anything, sir," said Joe.
"Where did Isom Chase keep his money?"
"I don't know."
"Had you ever seen him putting any of it away around the barn, or in the haystack, maybe?"
"No, I never did, sir," Joe answered, respectfully.
The prosecutor took up the now historic bag of gold-pieces and held it up before the witness.
"When did you first see this bag of money?" he asked, solemn and severe of voice and bearing.
"When Isom was lying on the floor, after he was shot."
"You didn't see it when he was trying to get the gun, and when you say you were struggling with him, doing the best you could to hold him back?"
Joe turned to the judge when he answered.
"It might have been that Isom had it in his arm, sir, when he made for the place where the gun was hanging. I don't know. But he tried to keep me off, and he hugged one arm to his side like he was trying to hide something he didn't want me to see."
"You never saw that bag of money until the moment that Isom Chase fell, you say," said the prosecutor, "but you have testified that the first words of Isom Chase when he stepped into the kitchen and saw you, were 'I'll kill you!' Why did he make that threat?"
"Well, Isom was a man of unreasonable temper," said Joe.
"Isn't it a fact that Isom Chase saw you with that bag of money in your hand when he came in, and sprang for the gun to protect his property?"
Joe turned to the judge again, with an air of respectful patience.
"I never saw that little pouch of money, Judge Maxwell, sir, until Isom fell, and lay stretched out there on the floor. I never saw that much money before in my life, and I expect that I thought more about it for a minute than I did about Isom. It all happened so quick, you know, sir."
Joe spoke the last words with a covert appeal in them, as if placing the matter before the judge alone, in the confidence of his superior understanding, and the belief that he would feel their truth.
The judge seemed to understand. He nodded encouragingly and smiled.
"Do you recall the morning after your arrival at the home of Isom Chase to begin your service there, when you threatened to kill him?" asked the prosecutor.
"I do recall that morning," admitted Joe; "but I don't feel that it's fair to hold me to account for words spoken in sudden anger and under trying circumstances. A young person, you know, sir"—addressing the judge—"oftentimes says things he don't mean, and is sorry for the next minute. You know how hot the blood of youth is, sir, and how it drives a person to say more than he means sometimes."
"Now, your honor, this defendant has counsel to plead for him at the proper time," complained the prosecutor, "and I demand that he confine himself to answering my questions without comment."
"Let the witness explain in his own way," said the judge, who probably felt that this concession, at least, was due a man on trial for his life. There was a finality in his words which did not admit of dispute, and the prosecuting attorney was wise enough not to attempt it.
"You threatened to kill Isom Chase that morning when he laid hands on you and pulled you out of bed. Your words were, as you have heard Mrs. Chase testify under oath in that very chair where you now sit, 'If you hit me, I'll kill you in your tracks!' Those were your words, were they not?"
"I expect I said something like that—I don't just remember the exact words now—but that was what I wanted him to understand. I don't think I'd have hurt him very much, though, and I couldn't have killed him, because I wasn't armed. It was a hot-blooded threat, that's all it was."
"You didn't ordinarily pack a gun around with you, then?"
"No, sir, I never did pack a gun."
"But you said you'd kill old Isom up there in the loft that morning, and you said it in a way that made him think you meant it. That's what you wanted him to understand, wasn't it?"
"I talked rough, but I didn't mean it—not as bad as that anyhow."
"No, that was just a little neighborly joke, I suppose," said the prosecutor sneeringly. He was playing for a laugh and he got it.
Captain Taylor almost skinned his knuckles rapping them down that time, although the mirth was neither general nor boisterous. Joe did not add to Lucas's comment, and he went on:
"Well, what were you doing when Isom Chase opened the door and came into the kitchen that night when he came home from serving on the jury?"
"I was standing by the table," said Joe.
"With your hat in your hand, or on your head, or where?"
"My hat was on the table. I usually left it there at night, so it would be handy when I came down in the morning. I threw it there when I went in, before I lit the lamp."
"And you say that Isom opened the door, came in and said, 'I'll kill you!' Now, what did he say before that?"
"Not a word, sir," insisted Joe.
"Who else was in that room?"
"Nobody, sir."
The prosecutor leaned forward, his face as red as if he struggled to lift a heavy weight.
"Do you mean to sit there and tell this jury that Isom Chase stepped right into that room and threatened to kill you without any reason, without any previous quarrel, without seeing you doing something that gave him ground for his threat?"
Joe moved his feet uneasily, clasped and unclasped his long fingers where they rested on the arm of his chair, and moistened his lips with his tongue. The struggle was coming now. They would rack him, and tear him, and break his heart.
"I don't know whether they'll believe it or not," said he at last.
"Where was Ollie Chase when Isom came into that room?" asked the prosecutor, lowering his voice as the men who tiptoed around old Isom when he lay dead on the kitchen floor had lowered theirs.
"You have heard her say that she was in her room upstairs," said Joe.
"But I am asking you this question," the prosecutor reminded him sharply. "Where was Ollie Chase?"
Joe did not meet his questioner's eyes when he answered. His head was bowed slightly, as if in thought.
"She was in her room, I suppose. She'd been in bed a long time, for it was nearly midnight then."
The prosecuting attorney pursued this line of questioning to a persistent and trying length. He wanted to know all about the relations of Joe and Ollie; where their respective rooms were, how they passed to and from them, and the entire scheme of the household economy.
He asked Joe pointedly, and swung back to that question abruptly and with sharp challenge many times, whether he ever made love to Ollie; whether he ever held her hands, kissed her, talked with her when Isom was not by to hear what was said.
The people snuggled down and forgot the oncoming darkness, the gray forerunner of which already had invaded the room as they listened. This was what they wanted to hear; this was, in their opinion, getting down to the thing that the prosecutor should have taken up at the beginning and pushed to the guilty end. They had come there, day after day, and sat patiently waiting for that very thing. But the great sensation which they expected seemed a tedious thing in its development.
Joe calmly denied the prosecutor's imputations, and put them aside with an evenness of temper and dignity which lifted him to a place of high regard in the heart of every woman present, from grandmother to high-school miss. For even though a woman believes her sister guilty, she admires the man who knows when to hold his tongue.
For two hours and more Sam Lucas kept hammering away at the stern front of the defendant witness. He had expected to break him down, simple-minded country lad that he supposed him to be, in a quarter of that time, and draw from him the truth of the matter in every detail. It was becoming evident that Joe was feeling the strain. The tiresome repetition of the questions, the unvarying denial, the sudden sorties of the prosecutor in attempt to surprise him, and the constant labor of guarding against it—all this was heaping up into a terrific load.
Time and again Joe's eyes had gone to the magnet of Alice Price's face, and always he had seen her looking straight at him—steadily, understandingly, as if she read his purpose. He was satisfied that she knew him to be innocent of that crime, as well as any of the indiscretions with Ollie which the prosecutor had attempted to force him to admit. If he could have been satisfied with that assurance alone, his hour would have been blessed. But he looked for more in every fleeting glance that his eyes could wing to her, and in the turmoil of his mind he was unable to find that which he sought.
Sam Lucas, seeing that the witness was nearing the point of mental and physical strain at which men go to pieces, and the vigil which they have held above their secrets becomes open to surprise, hung to him with his worriment of questions, scarcely granting him time to sigh.
Joe was pestered out of his calm and dignified attitude. He twisted in his chair, where many a confounded and beset soul had writhed before him, and ran his fingers through his long hair, disturbing it into fantastic disorder. His breath came through his open lips, his shoulders sagged wearily, his long back was bent as he drooped forward, whipping his fagged mind to alertness, guarding every word now, weighing every answer a deliberate while. Sweat drenched his face and dampened the thick wisps of hair. He scooped the welling moisture from his forehead with his crooked finger and flung it to the floor with a rustic trick of the fields.
Sam Lucas gave him no respite. Moment by moment he pressed the panting race harder, faster; moment by moment he grew more exacting, imperative and pressing in his demands for unhesitating replies. While he harassed and urged the sweating victim, the prosecutor's eyes narrowed, his thin lips pressed hard against his teeth. The moment was approaching for the final assault, for the fierce delivery of the last, invincible dart.
The people felt it coming, and panted with the acute pleasures of expectation; Hammer saw its hovering shadow, and rose to his feet; Mrs. Newbolt suffered under the strain until she rocked from side to side, unconscious of all and everybody but herself and Joe, and groaned.
What were they going to do to Joe—what were they going to do?
Sam Lucas was hurling his questions into Joe's face, faster and faster. His voice was shaded now with the inflection of accusation, now discredit; now it rose to the pitch of condemnation, now it sank to a hoarse whisper of horror as he dwelt upon the scene in Isom Chase's kitchen, the body of old Isom stretched in its own blood upon the floor.
Joe seemed to stumble over his replies, to grope, to flounder. The agony of his soul was in his face. And then, in a moment of tortured desperation he rose from his seat, tall, gaunt, disordered, and clasped his hand to his forehead as if driven to the utmost bound of his endurance and to the outer brink of his resources.
The prosecutor paused with leveled finger, while Joe, remembering himself, pushed his hair back from his brow like one waking from a hot and troubled sleep, and resumed his seat. Then suddenly, in full volume of voice, the prosecutor flung at him the lance for which he had been weakening Joe's defenses through those long and torturing hours.
"Tell this jury what the 'words' were which you have testified passed between you and Isom Chase after he made the threat to kill you, and before he ran for the gun!"
Hammer bellowed forth an objection, which was quietly overruled. It served its purpose in a way, even though it failed in its larger intent, for the prosecutor's headlong assault was checked by it, the force of his blow broken.
Joe sat up as if cold water had been dashed over him. Instead of crushing him entirely, and driving him to the last corner shrinking, beaten and spiritless, and no longer capable of resistance, it seemed to give him a new grip on himself, to set his courage and defiance again on the fighting line.
The prosecuting attorney resented Hammer's interference at the moment of his victory—as he believed it—and turned to him with an ugly scowl. But Hammer was imperturbable. He saw the advantage that he had gained for Joe by his interposition, and that was more than he had expected. Only a moment ago Hammer had believed everything lost.
Sam Lucas repeated the question. Joe drew himself up, cold and forbidding of front. He met the prosecutor eye to eye, challenge for challenge.
"I can't tell you that, sir," he replied.
"The time has come when you must tell it, your evasions and dodgings will not avail you any longer. What were those words between you and Isom Chase?"
"I'm sorry to have to refuse you—" began Joe.
"Answer—my—question!" ordered the prosecutor in loud voice, banging his hand upon the table to accent its terror.
In the excitement of the moment people rose from their seats, women dropping things which they had held in their laps, and clasping other loose articles of apparel to their skirts as they stood uncouthly, like startled fowls poising for flight.
Joe folded his arms across his chest and looked into the prosecutor's inflamed face. He seemed to erect between himself and his inquisitor in that simple movement an impenetrable shield, but he said nothing. Hammer was up, objecting, making the most of the opportunity. Captain Taylor rapped on the panel of the old oak door; the crouching figures in the crowd settled back to their seats with rustlings and sighs.
Sam Lucas turned to the judge, the whiteness of deeper anger sweeping the flush of excitement from his face. His voice trembled.
"I insist, your honor, that the witness answer my question!"
Hammer demanded that the court instruct his client regarding his constitutional privileges. Mrs. Newbolt leaned forward and held out her hands in dumb pleading toward her son, imploring him to speak.
"If the matter which you are withholding," began the judge in formal speech, "would tend to incriminate you, then you are acting within your constitutional rights in refusing to answer. If not, then you can be lodged in jail for contempt of court, and held there until you answer the question which the prosecuting attorney has asked you. Do you understand this?"
"Yes, sir; I understand," said Joe.
"Then," said the judge, "would it incriminate you to reply to the prosecuting attorney's question?"
A faint flush spread on Joe's face as he replied:
"No, Judge Maxwell, it wouldn't incriminate me, sir."
Free for the moment from his watchful sword-play of eyes with the prosecutor, Joe had sought Alice's face when he replied to the judge. He was still holding her eyes when the judge spoke again.
"Then you must answer the question, or stand in contempt of court," said he.
Joe rose slowly to his feet. The sheriff, perhaps thinking that he designed making a dash for liberty, or to throw himself out of a window, rushed forward in official zeal. The judge, studying Joe's face narrowly, waved the officer back. Joe lifted a hand to his forehead in thoughtful gesture and stroked back his hair, standing thus in studious pose a little while. A thousand eyes were bent upon him; five hundred palpitating brains were aching for the relief of his reply. Joe lifted his head and turned solemnly to the judge.
"I can't answer the prosecuting attorney's question, sir," he said. "I'm ready to be taken back to jail."
The jurors had been leaning out of their places to listen, the older ones with hands cupped to their ears. Now they settled back with disappointed faces, some of them shaking their heads in depreciation of such stubbornness.
"You are making a point of honor of it?" said the judge, sharply but not unkindly, looking over his glasses at the raw citadel of virtue which rose towerlike before him.
"If you will forgive me, sir, I have no more to say," said Joe, a flitting shadow, as of pain, passing over his face.
"Sit down," said the judge.
The prosecutor, all on fire from his smothered attempt to uncover the information which he believed himself so nearly in possession of, started to say something, and Hammer got the first syllable of his objection out of his mouth, when the judge waved both of them down. He turned in his chair to Joe, who was waiting calmly now the next event.
Judge Maxwell addressed him again. He pointed out to Joe that, since he had taken the witness-stand, he had thus professed his willingness to lay bare all his knowledge of the tragedy, and that his reservation was an indication of insincerity. The one way in which he could have withheld information not of a self-incriminating nature, was for him to have kept off the stand. He showed Joe that one could not come forward under such circumstances and tell one side of a story, or a part of it, confessing at the same time that certain pertinent information was reserved.
"No matter who it hurts, it is your duty now to reveal the cause of your quarrel between yourself and Isom Chase that night, and to repeat, to the best of your recollection, the words which passed between you."
He explained that, unless Joe should answer the question, it was the one duty of the court to halt the trial there and send him to jail in contempt, and hold him there, his case undecided, until he would answer the question asked.
Joe bowed respectfully when the judge concluded, conveying in that manner that he understood.
"If anything could be gained by it, sir, by anybody—except myself, perhaps—or if it would bring Isom back to life, or make anybody happier, I wouldn't refuse a minute, sir," said Joe. "What Mr. Lucas asks me to tell I've refused to tell before. I've refused to tell it for my own mother and Mr. Hammer and—others. I respect the law and this court, sir, as much as any man in this room, and it pains me to stand in this position before you, sir.
"But I can't talk about that. It wouldn't change what I've told about the way Isom was killed. What I've told you is the truth. What passed between Isom and me before he took hold of the gun isn't mine to tell. That's all there is to be said, Judge Maxwell, sir."
"You must answer the prosecuting attorney's question," said Judge Maxwell sternly. "No matter what motive of honor or fealty to the dead, or thought of sparing the living, may lie behind your concealment of these facts, the law does not, cannot, take it into account. Your duty now is to reply to all questions asked, and you will be given another opportunity to do so. Proceed, Mr. Prosecutor."
Hammer had given it up. He sat like a man collapsed, bending over his papers on the table, trying to make a front in his defeat before the public. The prosecuting attorney resumed the charge, framing his attack in quick lunges. He was in a clinch, using the short-arm jab.
"After Isom Chase came into the room you had words?"
"We had some words," replied Joe slowly, weary that this thing should have to be gone over again.
"Were they loud and boisterous words, or were they low and subdued?"
"Well, Isom talked pretty loud when he was mad," said Joe.
"Loud enough for anybody upstairs to hear—loud enough to wake anybody asleep up there?"
"I don't know," said Joe coldly, resentful of this flanking subterfuge.
He must go through that turmoil of strain and suffering again, all because Morgan, the author of this evil thing, had lacked the manhood to come forward and admit his misdeeds.
The thoughts will travel many a thousand miles while the tongue covers an inch; even while Joe answered he was thinking of this. More crowded upon him as he waited the prosecutor's next question. Why should he suffer all that public misjudgment and humiliation, all that pain and twisting of the conscience on Morgan's account? What would it avail in the end? Perhaps Ollie would prove unworthy his sacrifice for her, as she already had proved ungrateful. Even then the echo of her testimony against him was in his ears.
Why should he hold out faithfully for her, in the hope that Morgan would come—vain hope, fruitless dream! Morgan would not come. He was safe, far away from there, having his laugh over the muddle that he had made of their lives.
"I will ask you again—what were the words that passed between you and Isom Chase that night?"
Joe heard the question dimly. His mind was on Morgan and the white road of the moonlit night when he drove away. No, Morgan would not come.
"Will you answer my question?" demanded the prosecutor.
Joe turned to him with a start. "Sir?" said he.
The prosecutor repeated it, and stood leaning forward for the answer, his hands on the table. Joe bent his head as if thinking it over.
And there lay the white road in the moonlight, and the click of buggy wheels over gravel was in his ears, as he knew it must have sounded when Morgan drove away, easy in his loose conscience, after his loose way. Why should he sacrifice the promise of his young life by meekly allowing them to fasten the shadow of this dread tragedy upon him, for which Morgan alone was to blame?
It was unfair—it was cruelly unjust! The thought of it was stifling the breath in his nostrils, it was pressing the blood out of his heart! They were waiting for the answer, and why should he not speak? What profit was there in silence when it would be so unjustly interpreted?
As Ollie had been thoughtless of Isom, so she might be thoughtless of him, and see in him only a foolish, weak instrument to use to her own advantage. Why should he seal his lips for Ollie, go to the gallows for her, perhaps, and leave the blight of that shameful end upon his name forever?
He looked up. His mind had made that swift summing up while the prosecutor's words were echoing in the room. They were waiting for his answer. Should he speak?
Mrs. Newbolt had risen. There were tears on her old, worn cheeks, a yearning in her eyes that smote him with an accusing pang. He had brought that sorrow upon her, he had left her to suffer under it when a word would have cleared it away; when a word—a word for which they waited now—would make her dun day instantly bright. Ollie weighed against his mother; Ollie, the tainted, the unclean.
His eyes found Ollie's as he coupled her name with his mother's in his mind. She was shrinking against her mother's shoulder—she had a mother, too—pale and afraid.
Mrs. Newbolt stretched out her hands. The scars of her toilsome years were upon them; the distortion of the labor she had wrought for him in his helpless infancy was set upon their joints. He was placing his liberty and his life in jeopardy for Ollie, and his going would leave mother without a stay, after her sacrifice of youth and hope and strength for him.
Why should he be called upon to do this thing—why, why?
The question was a wild cry within his breast, lunging like a wolf in a leash to burst his lips. His mother drew a step nearer, unstayed by the sheriff, unchecked by the judge. She spread her poor hands in supplication; the tears coursed down her brown old cheeks.
"Oh, my son, my son—my little son!" she said.
He saw her dimly now, for tears answered her tears. All was silent in that room, the silence of the forest before the hurricane grasps it and bends it, and the lightnings reave its limbs.
"Mother," said he chokingly, "I—I don't know what to do!"
"Tell it all, Joe!" she pleaded. "Oh, tell it all—tell it all!"
Her voice was little louder than a whisper, yet it was heard by every mother in that room. It struck down into their hearts with a sharp, riving stab of sympathy, which nothing but sobs would relieve.
Men clamped their teeth and gazed straight ahead at the moving scene, unashamed of the tears which rolled across their cheeks and threaded down their beards; the prosecutor, leaning on his hands, bent forward and waited.
Joe's mind was in a tornado. The debris of past resolutions was flung high, and swirled and dashed in a wild tumult. There was nothing tangible in his reasoning, nothing plain in his sight. A mist was before his eyes, a fog was over his reason. Only there was mother, with those soul-born tears upon her face. It seemed to him then that his first and his most sacred duty was to her.
The seconds were as hours. The low moaning of women sounded in the room. Somebody moved a foot, scraping it in rude dissonance across the floor. A girl's voice broke out in sudden sobbing, which was as quickly stifled, with sharp catching of the breath.
Judge Maxwell moved in his chair, turning slowly toward the witness, and silence fell.
They were waiting; they were straining against his doubts and his weakening resolution of past days, with the concentration of half a thousand minds.
A moment of joy is a drop of honey on the tongue; a moment of pain is bitterer than any essence that Ignatius ever distilled from his evil bean. The one is as transitory as a smile; the other as lingering as a broken bone.
Joe had hung in the balance but a matter of seconds, but it seemed to him a day. Now he lifted his slim, white hand and covered his eyes. They were waiting for the word out there, those uplifted, eager faces; the judge waited, the jury waited, mother waited. They were wringing it from him, and honor's voice was dim in its counsel now, and far away.
They were pressing it out of his heart. The law demanded it, justice demanded it, said the judge. Duty to mother demanded it, and the call of all that lay in life and liberty. But for one cool breath of sympathy before he yielded—for one gleam of an eye that understood!
He dropped his hand at his side, and cast about him in hungry appeal. Justice demanded it, and the law. But it would be ignoble to yield, even though Morgan came the next hour and cleared the stain away.
Joe opened his lips, but they were dry, and no sound issued. He must speak, or his heart would burst. He moistened his lips with his hot tongue. They were demanding his answer with a thousand burning eyes.
"Tell it, Joe—tell it all!" pleaded his mother, reaching out as if to take his hand.
Joe's lips parted, and his voice came out of them, strained and shaken, and hoarse, like the voice of an old and hoary man.
"Judge Maxwell, your honor——"
"No, no! Don't tell it, Joe!"
The words sounded like a warning call to one about to leap to destruction. They broke the tenseness of that moment like the noise of a shot. It was a woman's voice, rich and full in the cadence of youth; eager, quick, and strong.
Mrs. Newbolt turned sharply, her face suddenly clouded, as if to administer a rebuke; the prosecutor wheeled about and peered into the room with a scowl. Judge Maxwell rapped commandingly, a frown on his face.
And Joe Newbolt drew a long, free breath, while relief moved over his troubled face like a waking wind at dawn. He leaned back in his chair, taking another long breath, as if life had just been granted him at a moment when hope seemed gone.
The effect of that sudden warning had been stunning. For a few seconds the principals in the dramatic picture held their poses, as if standing for the camera. And then the lowering tempest in Judge Maxwell's face broke.
"Mr. Sheriff, find out who that was and bring him or her forward!" he commanded.
There was no need for the sheriff to search on Joe's behalf. Quick as a bolt his eyes had found her, and doubt was consumed in the glance which passed between them. Now he knew all that he had struggled to know of everything. First of all, there stood the justification of his long endurance. He had been right. She had understood, and her opinion was valid against the world.
Even as the judge was speaking, Alice Price rose.
"It was I, sir," she confessed, no shame in her manner, no contrition in her voice.
But the ladies in the court-room were shocked for her, as ladies the world over are shocked when one of their sisters does an unaccountably human thing. They made their feelings public by scandalized aspirations, suppressed oh-h-hs, and deprecative shakings of the heads.
The male portion of the audience was moved in another direction. Their faces were blank with stunned surprise, with little gleams of admiration moving a forest of whiskers here and there whose owners did not know who the speaker was.
But to everybody who knew Alice Price the thing was unaccountable. It was worse than interrupting the preacher in the middle of a prayer, and the last thing that Alice Price, with all her breeding, blood and education would have been expected to do. That was what came of leveling oneself to the plane of common people and "pore" folks, and visiting them in jail, they said to one another through their wide-stretched eyes.
Alice went forward and stood before the railing. The prosecuting attorney drew out a chair and offered it to Mrs. Newbolt, who sat, staring at Alice with no man knew what in her heart. Her face was a strange index of disappointment, surprise, and vexation. She said nothing, and Hammer, glowing with the dawning of hope of something that he could not well define, squared around and gave Alice a large, fat smile.
Judge Maxwell regarded her with more surprise than severity, it appeared. He adjusted his glasses, bowed his neck to look over them, frowned, and cleared his throat. And poor old Colonel Price, overwhelmed entirely by this untoward breach of his daughter's, stood beside Captain Taylor shaking his old white head as if he was undone forever.
"I am surprised at this demonstration, Miss Price," said the judge. "Coming from one of your standing in this community, it is doubly shocking, for your position in society should be, of itself, a guarantee of your loyalty to the established organization of order. It should be your endeavor to uphold rather than defeat, the ends of justice.
"The defendant at the bar has the benefit of counsel, who is competent, we believe, to advise him. Your admonition was altogether out of place. I am pained and humiliated for you, Miss Price.
"This breach is one which could not, ordinarily, be passed over simply with a reprimand. But, allowing for the impetuosity of youth, and the emotion of the moment, the court will excuse you with this. Similar outbreaks must be guarded against, and any further demonstration will be dealt with severely. Gentlemen, proceed with the case."
Alice stood through the judge's lecture unflinchingly. Her face was pale, for she realized the enormity of her transgression, but there was neither fear nor regret in her heart. She met the judge's eyes with honest courage, and bowed her head in acknowledgment of his leniency when he dismissed her.
From her seat she smiled, faintly above the tremor of her breast, to Joe. She was not ashamed of what she had done, she had no defense to make for her words. Love is its own justification, it wants no advocate to plead for it before the bar of established usage. Its statutes have needed no revision since the beginning, they will stand unchanged until the end.
The prosecuting attorney had seen his castle fall, demolished and beyond hope of repair, before a charge from the soft lips of a simple girl. Long and hard as he had labored to build it up, and encompass Joe within it, it was in ruins now, and he had no heart to set his hand to the task of raising it again that day. He asked for an adjournment to morning, which the weary judge granted readily.
People moved out of the room with less haste and noise than usual, for the wonder, and the puzzle, of what they had heard and seen was over them.
What was the aim of that girl in shutting that big, gangling, raw-boned boy's mouth just when he was opening it to speak, and to speak the very words which they had sat there patiently for days to hear? What was he to Alice Price, and what did she know of the secret which he had been keeping shut behind his stubborn lips all that time? That was what they wanted to know, and that was what troubled them because they could not make it out at all.
Colonel Price made his way forward against the outpouring stream to Alice. He adjusted her cloak around her shoulders, and whispered to her. She was very pale still, but her eyes were fearless and bright, and they followed Joe Newbolt with a tender caress as the sheriff led him out, his handcuffs in his pocket, the prisoner's long arms swinging free.
Ollie and her mother were standing near Colonel Price and Alice, waiting for them to move along and open the passage to the aisle. As Alice turned from looking after Joe, the eyes of the young women met, and again Ollie felt the cold stern question which Alice seemed to ask her, and to insist with unsparing hardness that she answer.
A little way along Alice turned her head and held Ollie's eyes with her own again. As plain as words they said to the young widow who cringed at her florid mother's side:
"You slinking, miserable, trembling coward, I can see right down to the bottom of your heart!"
Joe returned to his cell with new vigor in his step, new warmth in his breast, and a new hope in his jaded soul. There was no doubt now, no groping for a sustaining hand. Alice had understood him, and Alice alone, when all the world assailed him for his secret, and would have torn it from his lips in shame. She had given him the sympathy, for the lack of which he must have fallen; the support, for the want of which he must have been lost.
For a trying moment that afternoon he had forgotten, almost, that he was a gentleman, and under a gentleman's obligation. There had been so much uncertainty, and fear, and so many clouded days. But a man had no excuse, he contended in his new strength, even under the direst pressure, to lose sight of the fact that he was a gentleman. Morgan had done that. Morgan had not come. But perhaps Morgan was not a gentleman at all. That would account for a great deal, everything, in fact.
There would be a way out without Morgan now. Since Alice understood, there would be shown a way. He should not perish on account of Morgan, and even though he never came it would not matter greatly, now that Alice understood.
He was serene, peaceful, and unworried, as he had not been for one moment since the inquest. The point of daylight had come again into his dark perspective; it was growing and gleaming with the promise and cheer of a star.
Colonel Price had no word of censure for his daughter as they held their way homeward, and no word of comment on her extraordinary and immodest—according to the colonel's view—conduct fell from his lips until they were free from the crowd. Then the colonel:
"Well, Alice?"
"Yes, Father."
"Why did you do it—why didn't you let him tell it, child? They'll hang him now, I tell you, they'll hang that boy as sure as sundown! And he's no more guilty of that old man's death than I am."
"No, he isn't," said she.
"Then why didn't you let him talk, Alice? What do you know?"
"I don't know anything—anything that would be evidence," she replied. "But he's been a man all through this cruel trial, and I'd rather see him die a man than live a coward!"
"They'll hang that boy, Alice," said the colonel, shaking his head sadly. "Nothing short of a miracle can save him now."
"No, they'll never do that," said she, in quiet faith.
The colonel looked at her with an impatient frown.
"What's to save him, child?" he asked.
"I don't know," she admitted, thoughtfully. Then she proceeded, with an earnestness that was almost passionate: "It isn't for himself that he's keeping silent—I'm not afraid for him on account of what they wanted to make him tell! Can't you see that, Father, don't you understand?"
"No," said the colonel, striking the pavement sharply with his stick, "I'll be switched if I do! But I know this bad business has taken hold of you, Alice, and changed you around until you're nothing like the girl I used to have.
"It's too melancholy and sordid for you to be mixed up in. I don't like it. We've done what we can for the boy, and if he wants to be stubborn and run his neck into the noose on account of some fool thing or another that he thinks nobody's got a right to know, I don't see where you're called on to shove him along on his road. And that's what this thing that you've done today amounts to, as far as I can see."
"I'm sorry that you're displeased with me, Father," said she, but with precious little indication of humility in her voice, "but I'd do the same thing over again tomorrow. Joe didn't want to tell it. What he needed just then was a friend."
That night after supper, when Colonel Price sat in the library gazing into the coals, Alice came in softly and put her arm about his shoulders, nestling her head against his, her cheek warm against his temple.
"You think I'm a bold, brazen creature, Father, I'm afraid," she said.
"The farthest thing from it in this world," said he. "I've been thinking over it, and I know that you were right. It's inscrutable to me, Alice; I lack that God-given intuition that a woman has for such things. But I know that you were right, and time and events will justify you."
"You remember that both Mr. Hammer and Mr. Lucas asked Joe and Mrs. Chase a good deal about a book-agent boarder, Curtis Morgan?" said she.
"Only in the way of incidental questioning," he said. "Why?"
"Don't you remember him? He was that tall, fair man who sold us the History of the World, wasn't he?"
"Why, it is the same name," said the colonel. "He was a man with a quick eye and a most curious jumble of fragmentary knowledge on many subjects, from roses to rattlesnakes. Yes, I remember the fellow very well, since you speak of him."
"Yes. And he had little fair curls growing close to his eyes," said she. "It's the same man, I'm certain of that."
"Why, what difference does it make?" asked he.
"Not any—in particular—I suppose," she sighed.
The colonel stroked her hair.
"Well, Alice, you're taking this thing too much at heart, anyhow," he said.
Later that night, long after Joe Newbolt had wearied himself in pacing up and down his cell, with the glow of his new hope growing brighter as his legs grew heavier, Alice sat by her window, gazing with fixed eyes into the dark.
On her lips there was a name and a message, which she sent out from her heart with all the dynamic intensity of her strong, young being. A name and a message; and she sped them from her lips into the night, to roam the world like a searching wind.
CHAPTER XIX
THE SHADOW OF A DREAM
Judge Little was moving about mysteriously. It was said that he had found track of Isom's heir, and that the county was to have its second great sensation soon.
Judge Little did not confirm this report, but, like the middling-good politician that he was, he entered no denial. As long as the public is uncertain either way, its suspense is more exquisite, the pleasure of the final revelation is more sweet.
Riding home from the trial on the day that Joe made his appearance on the witness-stand, Sol Greening fell in with the judge and, with his nose primed to follow the scent of any new gossip, Sol worked his way into the matter of the will.
"Well, I hear you've got track of Isom's boy at last, Judge?" said he, pulling up close beside the judge's mount, so the sound of the horses' feet sucking loose from the clay of the muddy road would not cheat him out of a word.
Judge Little rode a low, yellow horse, commonly called a "buckskin" in that country. He had come to town unprovided with a rubber coat, and his long black garment of ordinary wear was damp from the blowing mists which presaged the coming rain. In order to save the skirts of it, in which the precious and mysterious pockets were, the judge had gathered them up about his waist, as an old woman gathers her skirts on wash-day. He sat in the saddle, holding them that way with one hand, while he handled the reins with the other.
"All things are possible," returned the judge, his tight old mouth screwed up after the words, as if more stood in the door and required the utmost vigilance to prevent them popping forth.
Sol admitted that all things were indeed possible, although he had his doubts about the probability of a great many he could name. But he was wise enough to know that one must agree with a man if one desires to get into his warm favor, and it was his purpose on that ride to milk Judge Little of whatever information tickling his vanity, as an ant tickles an aphis, would cause him to yield.
"Well, he's got a right smart property waitin' him when he comes," said Sol, feeling important and comfortable just to talk of all that Isom left.
"A considerable," agreed the judge.
"Say forty or fifty thousand worth, heh?"
"Nearer seventy or eighty, the way land's advancing in this county," corrected the judge.
Sol whistled his amazement. There was no word in his vocabulary as eloquent as that.
"Well, all I got to say is that if it was me he left it to, it wouldn't take no searchin' to find me," he said. "Is he married?"
"Very likely he is married," said the judge, with that portentous repression and caution behind his words which some people are able to use with such mysterious effect.
"Shades of catnip!" said Sol.
They rode on a little way in silence, Sol being quite exhausted on account of his consuming surprise over what he believed himself to be finding out. Presently he returned to his prying, and asked:
"Can Ollie come in for her dower rights in case the court lets Isom's will stand?"
"That is a question," replied the judge, deliberating at his pause and sucking in his cheeks, "which will have to be decided."
"Does he favor Isom any?" asked Sol.
"Who?" queried the judge.
"Isom's boy."
"There doubtless is some resemblance—it is only natural that there should be a resemblance between father and son," nodded the judge. "But as for myself, I cannot say."
"You ain't seen him, heh?" said Sol, eyeing him sharply.
"Not exactly," allowed the judge.
"Land o' Moab!" said Sol.
They rode on another eighty rods without a word between them.
"Got his picture, I reckon?" asked Sol at last, sounding the judge's face all the while with his eager eyes.
"I turn off here," said the judge. "I'm takin' the short cut over the ford and through Miller's place. Looks like the rain would thicken."
He gave Sol good day, and turned off into a brush-grown road which plunged into the woods.
Sol went on his way, stirred by comfortable emotions. What a story he meant to spread next day at the county-seat; what a piece of news he was going to be the source of, indeed!
Of course, Sol had no knowledge of what was going forward at the county farm that very afternoon, even the very hour when Joe Newbolt was sweating blood on the witness stand, If he had known, it is not likely that he would have waited until morning to spread the tale abroad.
This is what it was.
Ollie's lawyer was there in consultation with Uncle John Owens regarding Isom's will. Consultation is the word, for it had come to that felicitous pass between them. Uncle John could communicate his thoughts freely to his fellow-beings again, and receive theirs intelligently.
All this had been wrought not by a miracle, but by the systematic preparation of the attorney, who was determined to sound the secret which lay locked in that silent mind. If Isom had a son when that will was made a generation back, Uncle John Owens was the man who knew it, and the only living man.
In pursuit of this mystery, the lawyer had caused to be printed many little strips of cardboard in the language of the blind. These covered all the ground that he desired to explore, from preliminaries to climax, with every pertinent question which his fertile mind could shape, and every answer which he felt was due to Uncle John to satisfy his curiosity and inform him fully of what had transpired.
The attorney had been waiting for Uncle John to become proficient enough in his new reading to proceed without difficulty. He had provided the patriarch with a large slate, which gave him comfortable room for his big characters. Several days before that which the lawyer had set for the exploration of the mystery of Isom Chase's heir, they had reached a perfect footing of understanding.
Uncle John was a new man. For several weeks he had been making great progress with the New Testament, printed in letters for the blind, which had come on the attorney's order speedily. It was an immense volume, as big as a barn-door, as Uncle John facetiously wrote on his slate, and when he read it he sat at the table littered over with his interlocked rings of wood, and his figures of beast and female angels or demons, which, not yet determined.
The sun had come out for him again, at the clouded end of his life. It reached him through the points of his fingers, and warmed him to the farthest spot, and its welcome was the greater because his night had been long and its rising late.
On that afternoon memorable for Joe Newbolt, and all who gathered at the court-house to hear him, Uncle John learned of the death of Isom Chase. The manner of his death was not revealed to him in the printed slips of board, and Uncle John did not ask, very likely accepting it as an event which comes to all men, and for which he, himself, had long been prepared.
After that fact had been imparted to the blind preacher, the lawyer placed under his eager fingers a slip which read:
"Did you ever witness Isom Chase's will?"
Uncle John took his slate and wrote:
"Yes."
"When?"
"Thirty or forty years ago," wrote Uncle John—what was a decade more or less to him? "When he joined the Order."
Uncle John wrote this with his face bright in the joy of being able to hold intelligent communication once more.
More questioning brought out the information that it was a rule of the secret brotherhood which Isom had joined in those far days, for each candidate for initiation to make his will before the administration of the rites.
"What a sturdy old goat that must have been!" thought the lawyer.
"Do you remember to whom Isom left his property in that will?" read the pasteboard under the old man's hands.
Uncle John smiled, reminiscently, and nodded.
"To his son," he wrote. "Isom was the name."
"Do you know when and where that son was born?"
Uncle John's smile was broader, and of purely humorous cast, as he bent over the slate and began to write carefully, in smaller hand than usual, as if he had a great deal to say.
"He never was born," he wrote, "not up to the time that I lost the world. Isom was a man of Belial all his days that I knew him. He was set on a son from his wedding day.
"The last time I saw him I joked him about that will, and told him he would have to change it. He said no, it would stand that way. He said he would get a son yet. Abraham was a hundred when Isaac was born, he reminded me. Did Isom get him?"
"No," was the word that Uncle John's fingers found. He shook his head, sadly.
"He worked and saved for him all his life," the old man wrote. "He set his hope of that son above the Lord."
Uncle John was given to understand the importance of his information, and that he might be called upon to give it over again in court.
He was greatly pleased with the prospect of publicly displaying his new accomplishment. The lawyer gave him a printed good-bye, shook him by the hand warmly, and left him poring over his ponderous book, his dumb lips moving as his fingers spelled out the words.
They were near the end and the quieting of all this flurry that had risen over the property of old Isom Chase, said the lawyer to himself as he rode back to town to acquaint his client with her good fortune. There was nothing in the way of her succession to the property now. The probate court would, without question or doubt, throw out that ridiculous document through which old Judge Little hoped to grease his long wallet.
With Isom's will would disappear from the public notice the one testimony of his only tender sentiment, his only human softness; a sentiment and a softness which had been born of a desire and fostered by a dream.
Strange that the hard old man should have held to that dream so stubbornly and so long, striving to gain for it, hoarding to enrich it, growing bitterer for its long coming, year by year. And at last he had gone out in a flash, leaving this one speaking piece of evidence of feeling and tenderness behind.
Perhaps Isom Chase would have been different, reflected the lawyer, if fate had yielded him his desire and given him a son; perhaps it would have softened his hand and mellowed his heart in his dealings with those whom he touched; perhaps it would have lifted him above the narrow strivings which had atrophied his virtues, and let the sunlight into the dark places of his soul.
So communing with himself, he arrived in town. The people were coming out of the court-house, the lowering gray clouds were settling mistily. But it was a clearing day for his client; he hastened on to tell her of the turn fortune had made in her behalf.
CHAPTER XX
"THE PENALTY IS DEATH!"
When court convened the following morning for the last act in the prolonged drama of Joe Newbolt's trial, the room was crowded even beyond the congestion of the previous day.
People felt that Sam Lucas was not through with the accused lad yet; they wanted to be present for the final and complete crucifixion. It was generally believed that, under the strain of Lucas's bombardment, Joe would break down that day.
The interference of Alice Price, unwarranted and beyond reason, the public said, had given the accused a respite, but nothing more. Whatever mistaken notion she had in doing it was beyond them, for it was inconceivable that she could be wiser than another, and discover virtues in the accused that older and wiser heads had overlooked. Well, after the rebuke that Judge Maxwell had given her, she wouldn't meddle again soon. It was more than anybody expected to see her in court again. No, indeed, they said; that would just about settle her.
Such a fine girl, too, and such a blow to her father. It was a piece of forwardness that went beyond the imagination of anybody in the town. Could it be that Alice Price had become tainted with socialism or woman's rights, or any of those wild theories which roared around the wide world outside Shelbyville and created such commotion and unrest? Maybe some of those German doctrines had got into her head, such as that young Professor Gobel, whom the regents discharged from the college faculty last winter, used to teach.
It was too bad; nearly everybody regretted it, for it took a girl a long time to live down a thing like that in Shelbyville. But the greatest shock and disappointment of all was, although nobody would admit it, that she had shut Joe's mouth on the very thing that the public ear was itching to hear. She had cheated the public of its due, and taken the food out of its mouth when it was ravenous. That was past forgiveness.
Dark conjectures were hatched, therefore, and scandalous hints were set traveling. Mothers said, well, they thanked their stars that she hadn't married their sons; and fathers philosophized that you never could tell how a filly would turn out till you put the saddle on her and tried her on the road. And the public sighed and gasped and shook its head, and was comfortably shocked and satisfyingly scandalized.
The sheriff brought the prisoner into court that morning with free hands. Joe's face seemed almost beatific in its exalted serenity as he saluted his waiting mother with a smile. To those who had seen the gray pallor of his strained face yesterday, it appeared as if he had cast his skin during the night, and with it his harassments and haunting fears, and had come out this morning as fresh and unscarred as a child.
Joe stood for a moment running his eyes swiftly over the room. When they found the face they sought a warm light shot into them as if he had turned up the wick of his soul. She was not so near the front as on the day before, yet she was close enough for eye to speak to eye.
People marked the exchange of unspoken salutations between them, and nudged each other, and whispered: "There she is!" They wondered how she was going to cut up today, and whether it would not end for her by getting herself sent to jail, along with that scatter-feathered young crow whom she seemed to have taken into her heart.
Ollie was present, although Joe had not expected to see her, he knew not why. She was sitting in the first row of benches, so near him he could have reached over and taken her hand. He bowed to her; she gave him a sickly smile, which looked on her pale face like a dim breaking of sun through wintry clouds.
To the great surprise and greater disappointment of the public in attendance upon the trial, Sam Lucas announced, when court opened, that the state would not proceed with the cross-examination of the defendant. Hammer rose with that and stated that the defense rested. He had no more witnesses to call.
Hammer wore a hopeful look over his features that morning, a reflection, perhaps, of his client's unworried attitude. He had not been successful in his attempt to interview Alice Price, although he had visited her home the night before. Colonel Price had received him with the air of one who stoops to contact with an inferior, and assured him that he was delegated by Miss Price—which was true—to tell Mr. Hammer that she knew nothing favorable to his client's cause; that her caution in his moment of stress had nothing behind it but the unaccountable impulse of a young and sympathetic girl.
Hammer accepted that explanation with a large corner of reservation in his mind. He knew that she had visited the jail, and it was his opinion that his client had taken her behind the door of his confidence, which he had closed to his attorney. Alice Price knew something, she must know something, Hammer said. On that belief he based his intention of a motion for a new trial in case of conviction. He would advance the contention that new evidence had been discovered; he would then get Alice Price into a corner by herself somewhere and make her tell all she knew.
That was why Hammer smiled and felt quite easy, and turned over in his mind the moving speech that he had prepared for the jury. He was glad of the opportunity which that great gathering presented. It was a plowed field waiting the grain of Hammer's future prosperity.
Hammer kept turning his eyes toward Alice Price, where she sat in the middle of the court-room beside the colonel. He had marked an air of uneasiness, a paleness as of suppressed anxiety in the girl's face. Now and then he saw her look toward the door where Captain Taylor stood guard, in his G. A. R. uniform today, as if it were a gala occasion and demanded decorations.
For whom could she be straining and watching? Hammer wondered. Ah, no doubt about it, that girl knew a great deal more of the inner-working of his client's mind than he did. But she couldn't keep her secret. He'd get it out of her after filing his motion for a new trial—already he was looking ahead to conviction, feeling the weakness of his case—and very likely turn the sensation of a generation loose in Shelbyville when he called her to the witness-stand. That was the manner of Hammer's speculations as he watched her turning her eyes toward the door. |
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