XXIV

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XXIV

ClydeвАЩs testimony proceeded to the point where the family had removed from Quincy, Illinois (a place resorted to on account of some Salvation Army work offered his father and mother), to Kansas City, where from his twelfth to his fifteenth year he had browsed about trying to find something to do while still resenting the combination of school and religious work expected of him.

вАЬWere you up with your classes in the public schools?вАЭ

вАЬNo, sir. We had moved too much.вАЭ

вАЬIn what grade were you when you were twelve years old?вАЭ

вАЬWell, I should have been in the seventh but I was only in the sixth. ThatвАЩs why I didnвАЩt like it.вАЭ

вАЬAnd how about the religious work of your parents?вАЭ

вАЬWell, it was all rightвБ†вАФonly I never did like going out nights on the street corners.вАЭ

And so on, through five-and-ten cent store, soda and newspaper carrier jobs, until at last he was a bellhop at the Green-Davidson, the finest hotel in Kansas City, as he informed them.

вАЬBut now, Clyde,вАЭ proceeded Jephson who, fearful lest Mason on the cross-examination and in connection with ClydeвАЩs credibility as a witness should delve into the matter of the wrecked car and the slain child in Kansas City and so mar the effect of the story he was now about to tell, was determined to be beforehand in this. Decidedly, by questioning him properly he could explain and soften all that, whereas if left to Mason it could be tortured into something exceedingly dark indeed. And so now he continued:

вАЬAnd how long did you work there?вАЭ

вАЬA little over a year.вАЭ

вАЬAnd why did you leave?вАЭ

вАЬWell, it was on account of an accident.вАЭ

вАЬWhat kind of an accident?вАЭ

And here Clyde, previously prepared and drilled as to all this plunged into the details which led up to and included the death of the little girl and his flightвБ†вАФwhich Mason, true enough, had been intending to bring up. But, now, as he listened to all this, he merely shook his head and grunted ironically, вАЬHeвАЩd better go into all that,вАЭ he commented. And Jephson, sensing the import of what he was doingвБ†вАФhow most likely he was, as he would have phrased it, вАЬspikingвАЭ one of Mr.¬†MasonвАЩs best guns, continued with:

вАЬHow old were you then, Clyde, did you say?вАЭ

вАЬBetween seventeen and eighteen.вАЭ

вАЬAnd do you mean to tell me,вАЭ he continued, after he had finished with all of the questions he could think of in connection with all this, вАЬthat you didnвАЩt know that you might have gone back there, since you were not the one who took the car, and after explaining it all, been paroled in the custody of your parents?вАЭ

вАЬObject!вАЭ shouted Mason. вАЬThereвАЩs no evidence here to show that he could have returned to Kansas City and been paroled in the custody of his parents.вАЭ

вАЬObjection sustained!вАЭ boomed the judge from his high throne. вАЬThe defense will please confine itself a little more closely to the letter of the testimony.вАЭ

вАЬException,вАЭ noted Belknap, from his seat.

вАЬNo, sir. I didnвАЩt know that,вАЭ replied Clyde, just the same.

вАЬAnyhow was that the reason after you got away that you changed your name to Tenet as you told me?вАЭ continued Jephson.

вАЬYes, sir.вАЭ

вАЬBy the way, just where did you get that name of Tenet, Clyde?вАЭ

вАЬIt was the name of a boy I used to play with in Quincy.вАЭ

вАЬWas he a good boy?вАЭ

вАЬObject!вАЭ called Mason, from his chair. вАЬIncompetent, immaterial, irrelevant.вАЭ

вАЬOh, he might have associated with a good boy in spite of what you would like to have the jury believe, and in that sense it is very relevant,вАЭ sneered Jephson.

вАЬObjection sustained!вАЭ boomed Justice Oberwaltzer.

вАЬBut didnвАЩt it occur to you at the time that he might object or that you might be doing him an injustice in using his name to cover the identity of a fellow who was running away?вАЭ

вАЬNo, sirвБ†вАФI thought there were lots of Tenets.вАЭ

An indulgent smile might have been expected at this point, but so antagonistic and bitter was the general public toward Clyde that such levity was out of the question in this courtroom.

вАЬNow listen, Clyde,вАЭ continued Jephson, having, as he had just seen, failed to soften the mood of the throng, вАЬyou cared for your mother, did you?вБ†вАФor didnвАЩt you?вАЭ

Objection and argument finally ending in the question being allowed.

вАЬYes, sir, certainly I cared for her,вАЭ replied ClydeвБ†вАФbut after a slight hesitancy which was noticeableвБ†вАФa tightening of the throat and a swelling and sinking of the chest as he exhaled and inhaled.

вАЬMuch?вАЭ

вАЬYes, sirвБ†вАФmuch.вАЭ He didnвАЩt venture to look at anyone now.

вАЬHadnвАЩt she always done as much as she could for you, in her way?вАЭ

вАЬYes, sir.вАЭ

вАЬWell, then, Clyde, how was it, after all that, and even though that dreadful accident had occurred, you could run away and stay away so long without so much as one word to tell her that you were by no means as guilty as you seemed and that she shouldnвАЩt worry because you were working and trying to be a good boy again?вАЭ

вАЬBut I did write herвБ†вАФonly I didnвАЩt sign my name.вАЭ

вАЬI see. Anything else?вАЭ

вАЬYes, sir. I sent her a little money. Ten dollars once.вАЭ

вАЬBut you didnвАЩt think of going back at all?вАЭ

вАЬNo, sir. I was afraid that if I went back they might arrest me.вАЭ

вАЬIn other words,вАЭ and here Jephson emphasized this with great clearness, вАЬyou were a moral and mental coward, as Mr.¬†Belknap, my colleague, said.вАЭ

вАЬI object to this interpretation of this defendantвАЩs testimony for the benefit of the jury!вАЭ interrupted Mason.

вАЬThis defendantвАЩs testimony really needs no interpretation. It is very plain and honest, as anyone can see,вАЭ quickly interjected Jephson.

вАЬObjection sustained!вАЭ called the judge. вАЬProceed. Proceed.вАЭ

вАЬAnd it was because you were a moral and mental coward as I see it, ClydeвБ†вАФnot that I am condemning you for anything that you cannot help. (After all, you didnвАЩt make yourself, did you?)вАЭ

But this was too much, and the judge here cautioned him to use more discretion in framing his future questions.

вАЬThen you went about in Alton, Peoria, Bloomington, Milwaukee, and ChicagoвБ†вАФhiding away in small rooms in back streets and working as a dishwasher or soda fountain man, or a driver, and changing your name to Tenet when you really might have gone back to Kansas City and resumed your old place?вАЭ continued Jephson.

вАЬI object! I object!вАЭ yelled Mason. вАЬThere is no evidence here to show that he could have gone there and resumed his old place.вАЭ

вАЬObjection sustained,вАЭ ruled Oberwaltzer, although at the time in JephsonвАЩs pocket was a letter from Francis X. Squires, formerly captain of the bellhops of the Green-Davidson at the time Clyde was there, in which he explained that apart from the one incident in connection with the purloined automobile, he knew nothing derogatory to Clyde; and that always previously, he had found him prompt, honest, willing, alert and well-mannered. Also that at the time the accident occurred, he himself had been satisfied that Clyde could have been little else than one of those led and that if he had returned and properly explained matters he would have been reinstated. It was irrelevant.

Thereafter followed ClydeвАЩs story of how, having fled from the difficulties threatening him in Kansas City and having wandered here and there for two years, he had finally obtained a place in Chicago as a driver and later as a bellboy at the Union League, and also how while still employed at the first of these places he had written his mother and later at her request was about to write his uncle, when, accidentally meeting him at the Union League, he was invited by him to come to Lycurgus. And thereupon, in their natural order, followed all of the details, of how he had gone to work, been promoted and instructed by his cousin and the foreman as to the various rules, and then later how he had met Roberta and still later Miss X. But in between came all the details as to how and why he had courted Roberta Alden, and how and why, having once secured her love he felt and thought himself contentвБ†вАФbut how the arrival of Miss X, and her overpowering fascination for him, had served completely to change all his notions in regard to Roberta, and although he still admired her, caused him to feel that never again as before could he desire to marry her.

But Jephson, anxious to divert the attention of the jury from the fact that Clyde was so very fickleвБ†вАФa fact too trying to be so speedily introduced into the caseвБ†вАФat once interposed with:

вАЬClyde! You really loved Roberta Alden at first, didnвАЩt you?вАЭ

вАЬYes, sir.вАЭ

вАЬWell, then, you must have known, or at least you gathered from her actions, from the first, didnвАЩt you, that she was a perfectly good and innocent and religious girl.вАЭ

вАЬYes, sir, thatвАЩs how I felt about her,вАЭ replied Clyde, repeating what he had been told to say.

вАЬWell, then, just roughly now, without going into detail, do you suppose you could explain to yourself and this jury how and why and where and when those changes came about which led to that relationship which we all of usвАЭ (and here he looked boldly and wisely and coldly out over the audience and then afterwards upon the jurors) вАЬdeplore. How was it, if you thought so highly of her at first that you could so soon afterwards descend to this evil relationship? DidnвАЩt you know that all men, and all women also, view it as wrong, and outside of marriage unforgivableвБ†вАФa statutory crime?вАЭ

The boldness and ironic sting of this was sufficient to cause at first a hush, later a slight nervous tremor on the part of the audience which, Mason as well as Justice Oberwaltzer noting, caused both to frown apprehensively. Why, this brazen young cynic! How dared he, via innuendo and in the guise of serious questioning, intrude such a thought as this, which by implication at least picked at the very foundations of societyвБ†вАФreligious and moral! At the same time there he was, standing boldly and leoninely, the while Clyde replied:

вАЬYes, sir, I suppose I didвБ†вАФcertainlyвБ†вАФbut I didnвАЩt try to seduce her at first or at any time, really. I was in love with her.вАЭ

вАЬYou were in love with her?вАЭ

вАЬYes, sir.вАЭ

вАЬVery much?вАЭ

вАЬVery much.вАЭ

вАЬAnd was she as much in love with you at that time?вАЭ

вАЬYes, sir, she was.вАЭ

вАЬFrom the very first?вАЭ

вАЬFrom the very first.вАЭ

вАЬShe told you so?вАЭ

вАЬYes, sir.вАЭ

вАЬAt the time she left the NewtonsвБ†вАФyou have heard all the testimony here in regard to thatвБ†вАФdid you induce or seek to induce her in any way, by any trick or agreement, to leave there?вАЭ

вАЬNo, sir, I didnвАЩt. She wanted to leave there of her own accord. She wanted me to help her find a place.вАЭ

вАЬShe wanted you to help her find a place?вАЭ

вАЬYes, sir.вАЭ

вАЬAnd just why?вАЭ

вАЬBecause she didnвАЩt know the city very well and she thought maybe I could tell her where there was a nice room she could getвБ†вАФone that she could afford.вАЭ

вАЬAnd did you tell her about the room she took at the GilpinsвАЩ?вАЭ

вАЬNo, sir, I didnвАЩt. I never told her about any room. She found it herself.вАЭ (This was the exact answer he had memorized.)

вАЬBut why didnвАЩt you help her?вАЭ

вАЬBecause I was busy, days and most evenings. And besides I thought she knew better what she wanted than I didвБ†вАФthe kind of people and all.вАЭ

вАЬDid you personally ever see the Gilpin place before she went there?вАЭ

вАЬNo, sir.вАЭ

вАЬEver have any discussion with her before she moved there as to the kind of a room she was to takeвБ†вАФits position as regards to entrance, exit, privacy, or anything of that sort?вАЭ

вАЬNo, sir, I never did.вАЭ

вАЬNever insisted, for instance, that she take a certain type of room which you could slip in and out of at night or by day without being seen?вАЭ

вАЬI never did. Besides, no one could very well slip in or out of that house without being seen.вАЭ

вАЬAnd why not?вАЭ

вАЬBecause the door to her room was right next to the door to the general front entrance where everybody went in and out and anybody that was around could see.вАЭ That was another answer he had memorized.

вАЬBut you slipped in and out, didnвАЩt you?вАЭ

вАЬWell, yes, sirвБ†вАФthat is, we both decided from the first that the less we were seen together anywhere, the better.вАЭ

вАЬOn account of that factory rule?вАЭ

вАЬYes, sirвБ†вАФon account of that factory rule.вАЭ

And then the story of his various difficulties with Roberta, due to Miss X coming into his life.

вАЬNow, Clyde, we will have to go into the matter of this Miss X a little. Because of an agreement between the defense and the prosecution which you gentlemen of the jury fully understand, we can only touch on this incidentally, since it all concerns an entirely innocent person whose real name can be of no service here anyhow. But some of the facts must be touched upon, although we will deal with them as light as possible, as much for the sake of the innocent living as the worthy dead. And I am sure Miss Alden would have it so if she were alive. But now in regard to Miss X,вАЭ he continued, turning to Clyde, вАЬit is already agreed by both sides that you met her in Lycurgus some time in November or December of last year. That is correct, is it not?вАЭ

вАЬYes, sir, that is correct,вАЭ replied Clyde, sadly.

вАЬAnd that at once you fell very much in love with her?вАЭ

вАЬYes, sir. ThatвАЩs true.вАЭ

вАЬShe was rich?вАЭ

вАЬYes, sir.вАЭ

вАЬBeautiful?вАЭ

вАЬI believe it is admitted by all that she is,вАЭ he said to the court in general without requiring or anticipating a reply from Clyde, yet the latter, so thoroughly drilled had he been, now replied: вАЬYes, sir.вАЭ

вАЬHad you twoвБ†вАФyourself and Miss Alden, I meanвБ†вАФat that time when you first met Miss X already established that illicit relationship referred to?вАЭ

вАЬYes, sir.вАЭ

вАЬWell, now, in view of all thatвБ†вАФbut no, one moment, there is something else I want to ask you firstвБ†вАФnow, let me seeвБ†вАФat the time that you first met this Miss X you were still in love with Roberta Alden, were youвБ†вАФor were you not?вАЭ

вАЬI was still in love with herвБ†вАФyes, sir.вАЭ

вАЬYou had not, up to that time at least, in any way become weary of her? Or had you?вАЭ

вАЬNo, sir. I had not.вАЭ

вАЬHer love and her companionship were just as precious and delightful to you as ever?вАЭ

вАЬYes, sir, they were.вАЭ

And as Clyde said that, he was thinking back and it seemed to him that what he had just said was really true. It was true that just before meeting Sondra he was actually at the zenith of content and delight with Roberta.

вАЬAnd what, if any, were your plans for your future with Miss AldenвБ†вАФbefore you met this Miss X? You must have thought at times of that, didnвАЩt you?вАЭ

вАЬWell, not exactly,вАЭ (and as he said this he licked his lips in sheer nervousness). вАЬYou see, I never had any real plan to do anythingвБ†вАФthat is, to do anything that wasnвАЩt quite right with her. And neither did she, of course. We just drifted kinda, from the first. It was being alone there so much, maybe. She hadnвАЩt taken up with anybody yet and I hadnвАЩt either. And then there was that rule that kept me from taking her about anywhere, and once we were together, of course we just went on without thinking very much about it, I supposeвБ†вАФeither of us.вАЭ

вАЬYou just drifted because nothing had happened as yet and you didnвАЩt suppose anything would. Is that the way?вАЭ

вАЬNo, sir. I mean, yes, sir. ThatвАЩs the way it was.вАЭ Clyde was very eager to get those much-rehearsed and very important answers, just right.

вАЬBut you must have thought of somethingвБ†вАФone or both of you. You were twenty-one and she was twenty-three.вАЭ

вАЬYes, sir. I suppose we didвБ†вАФI suppose I did think of something now and then.вАЭ

вАЬAnd what was it that you thought? Can you recollect?вАЭ

вАЬWell, yes, sir. I suppose I can. That is, I know that I did think at times that if things went all right and I made a little more money and she got a place somewhere else, that I would begin taking her out openly, and then afterwards maybe, if she and I kept on caring for each other as we did then, marry her, maybe.вАЭ

вАЬYou actually thought of marrying her then, did you?вАЭ

вАЬYes, sir. I know I did in the way that IвАЩve said, of course.вАЭ

вАЬBut that was before you met this Miss X?вАЭ

вАЬYes, sir, that was before that.вАЭ

(вАЬBeautifully done!вАЭ observed Mason, sarcastically, under his breath to State Senator Redmond. вАЬExcellent stage play,вАЭ replied Redmond in a stage whisper.)

вАЬBut did you ever tell her in so many words?вАЭ continued Jephson.

вАЬWell, no, sir. I donвАЩt recall that I didвБ†вАФnot just in so many words.вАЭ

вАЬYou either told her or you didnвАЩt tell her. Now, which was it?вАЭ

вАЬWell, neither, quite. I used to tell her that I loved her and that I never wanted her to leave me and that I hoped she never would.вАЭ

вАЬBut not that you wanted to marry her?вАЭ

вАЬNo, sir. Not that I wanted to marry her.вАЭ

вАЬWell, well, all right!вБ†вАФand sheвБ†вАФwhat did she say?вАЭ

вАЬThat she never would leave me,вАЭ replied Clyde, heavily and fearsomely, thinking, as he did so, of RobertaвАЩs last cries and her eyes bent on him. And he took from his pocket a handkerchief and began to wipe his moist, cold face and hands.

(вАЬWell staged!вАЭ murmured Mason, softly and cynically. вАЬPretty shrewdвБ†вАФpretty shrewd!вАЭ commented Redmond, lightly.)

вАЬBut, tell me,вАЭ went on Jephson, softly and coldly, вАЬfeeling as you did about Miss Alden, how was it that upon meeting this Miss X, you could change so quickly? Are you so fickle that you donвАЩt know your own mind from day to day?вАЭ

вАЬWell, I didnвАЩt think so up to that timeвБ†вАФno, sir!вАЭ

вАЬHad you ever had a strong and binding love affair at any time in your life before you met Miss Alden?вАЭ

вАЬNo, sir.вАЭ

вАЬBut did you consider this one with Miss Alden strong and bindingвБ†вАФa true love affairвБ†вАФup to the time you met this Miss X?вАЭ

вАЬYes, sir, I did.вАЭ

вАЬAnd afterwardsвБ†вАФthen what?вАЭ

вАЬWellвБ†вАФafterwardsвБ†вАФit wasnвАЩt quite like that any more.вАЭ

вАЬYou mean to say that on sight of Miss X, after encountering her once or twice, you ceased to care for Miss Alden entirely?вАЭ

вАЬWell, no, sir. It wasnвАЩt quite like that,вАЭ volunteered Clyde, swiftly and earnestly. вАЬI did continue to care for her someвБ†вАФquite a lot, really. But before I knew it I had completely lost my head overвБ†вАФover MissвБ†вАФMissвБ†вАФвАЭ

вАЬYes, this Miss X. We know. You fell madly and unreasonably in love with her. Was that the way of it?вАЭ

вАЬYes, sir.вАЭ

вАЬAnd then?вАЭ

вАЬWellвБ†вАФand thenвБ†вАФI just couldnвАЩt care for Miss Alden so much any more.вАЭ A thin film of moisture covered ClydeвАЩs forehead and cheeks as he spoke.

вАЬI see! I see!вАЭ went on Jephson, oratorically and loudly, having the jury and audience in mind. вАЬA case of the Arabian Nights, of the enscorcelled and the enscorcellor.вАЭ

вАЬI donвАЩt think I know what you mean,вАЭ said Clyde.

вАЬA case of being bewitched, my poor boyвБ†вАФby beauty, love, wealth, by things that we sometimes think we want very, very much, and cannot ever haveвБ†вАФthat is what I mean, and that is what much of the love in the world amounts to.вАЭ

вАЬYes, sir,вАЭ replied Clyde, quite innocently, concluding rightly that this was mere show of rhetoric on JephsonвАЩs part.

вАЬBut what I want to know isвБ†вАФhow was it that loving Miss Alden as much as you say you didвБ†вАФand having reached that relationship which should have been sanctified by marriageвБ†вАФhow was it that you could have felt so little bound or obligated to her as to entertain the idea of casting her over for this Miss X? Now just how was that? I would like to know, and so would this jury, I am sure. Where was your sense of gratitude? Your sense of moral obligation? Do you mean to say that you have none? We want to know.вАЭ

This was really cross-examinationвБ†вАФan attack on his own witness. Yet Jephson was within his rights and Mason did not interfere.

вАЬWellвБ†вАКвБ†вА¶вАЭ and here Clyde hesitated and stumbled, quite as if he had not been instructed as to all this beforehand, and seemed to and did truly finger about in his own mind or reason for some thought that would help him to explain all this. For although it was true that he had memorized the answer, now that he was confronted by the actual question here in court, as well as the old problem that had so confused and troubled him in Lycurgus, he could scarcely think clearly of all he had been told to say, but instead twisted and turned, and finally came out with:

вАЬThe fact is, I didnвАЩt think about those things at all very much. I couldnвАЩt after I saw her. I tried to at times, but I couldnвАЩt. I only wanted her and I didnвАЩt want Miss Alden any more. I knew I wasnвАЩt doing rightвБ†вАФexactlyвБ†вАФand I felt sorry for RobertaвБ†вАФbut just the same I didnвАЩt seem able to do anything much about it. I could only think of Miss X and I couldnвАЩt think of Roberta as I had before no matter how hard I tried.вАЭ

вАЬDo you mean to say that you didnвАЩt suffer in your own conscience on account of this?вАЭ

вАЬYes, sir, I suffered,вАЭ replied Clyde. вАЬI knew I wasnвАЩt doing right, and it made me worry a lot about her and myself, but just the same I didnвАЩt seem to be able to do any better.вАЭ (He was repeating words that Jephson had written out for him, although at the time he first read them he felt them to be fairly true. He had suffered some.)

вАЬAnd then?вАЭ

вАЬWell, then she began to complain because I didnвАЩt go round to see her as much as before.вАЭ

вАЬIn other words, you began to neglect her.вАЭ

вАЬYes, sir, someвБ†вАФbut not entirelyвБ†вАФno, sir.вАЭ

вАЬWell, when you found you were so infatuated with this Miss X, what did you do? Did you go and tell Miss Alden that you were no longer in love with her but in love with someone else?вАЭ

вАЬNo, I didnвАЩt. Not then.вАЭ

вАЬWhy not then? Did you think it fair and honorable to be telling two girls at once that you cared for them?вАЭ

вАЬNo, sir, but it wasnвАЩt quite like that either. You see at that time I was just getting acquainted with Miss X, and I wasnвАЩt telling her anything. She wouldnвАЩt let me. But I knew then, just the same, that I couldnвАЩt care for Miss Alden any more.вАЭ

вАЬBut what about the claim Miss Alden had on you? DidnвАЩt you feel that that was enough or should be, to prevent you from running after another girl?вАЭ

вАЬYes, sir.вАЭ

вАЬWell, why did you then?вАЭ

вАЬI couldnвАЩt resist her.вАЭ

вАЬMiss X, you mean?вАЭ

вАЬYes, sir.вАЭ

вАЬAnd so you continued to run after her until you had made her care for you?вАЭ

вАЬNo, sir, that wasnвАЩt the way at all.вАЭ

вАЬWell then, what was the way?вАЭ

вАЬI just met her here and there and got crazy about her.вАЭ

вАЬI see. But still you didnвАЩt go and tell Miss Alden that you couldnвАЩt care for her any longer?вАЭ

вАЬNo, sir. Not then.вАЭ

вАЬAnd why not?вАЭ

вАЬBecause I thought it would hurt her, and I didnвАЩt want to do that.вАЭ

вАЬOh, I see. You didnвАЩt have the moral or mental courage to do it then?вАЭ

вАЬI donвАЩt know about the moral or mental courage,вАЭ replied Clyde, a little hurt and irritated by this description of himself, вАЬbut I felt sorry for her just the same. She used to cry and I didnвАЩt have the heart to tell her anything.вАЭ

вАЬI see. Well, let it stand that way, if you want to. But now answer me one other thing. That relationship between you twoвБ†вАФwhat about thatвБ†вАФafter you knew that you didnвАЩt care for her any more. Did that continue?вАЭ

вАЬWell, no, sir, not so very long, anyhow,вАЭ replied Clyde, most nervously and shamefacedly. He was thinking of all the people before him nowвБ†вАФof his motherвБ†вАФSondraвБ†вАФof all the people throughout the entire United StatesвБ†вАФwho would read and so know. And on first being shown these questions weeks and weeks before he had wanted to know of Jephson what the use of all that was. And Jephson had replied: вАЬEducational effect. The quicker and harder we can shock вАЩem with some of the real facts of life around here, the easier it is going to be for you to get a little more sane consideration of what your problem was. But donвАЩt worry your head over that now. When the time comes, just answer вАЩem and leave the rest to us. We know what weвАЩre doing.вАЭ And so now Clyde added:

вАЬYou see, after meeting Miss X I couldnвАЩt care for her so much that way any more, and so I tried not to go around her so much any more. But anyhow, it wasnвАЩt so very long after that before she got in trouble and thenвБ†вАФwellвБ†вАФвАЭ

вАЬI see. And when was thatвБ†вАФabout?вАЭ

вАЬAlong in the latter part of January last year.вАЭ

вАЬAnd once that happened, then what? Did you or did you not feel that it was your duty under the circumstances to marry her?вАЭ

вАЬWell, noвБ†вАФnot the way things were thenвБ†вАФthat is, if I could get her out of it, I mean.вАЭ

вАЬAnd why not? What do you mean by вАШas things were thenвАЩ?вАЭ

вАЬWell, you see, it was just as I told you. I wasnвАЩt caring for her any more, and since I hadnвАЩt promised to marry her, and she knew it, I thought it would be fair enough if I helped her out of it and then told her that I didnвАЩt care for her as I once did.вАЭ

вАЬBut couldnвАЩt you help her out of it?вАЭ

вАЬNo, sir. But I tried.вАЭ

вАЬYou went to that druggist who testified here?вАЭ

вАЬYes, sir.вАЭ

вАЬTo anybody else?вАЭ

вАЬYes, sirвБ†вАФto seven others before I could get anything at all.вАЭ

вАЬBut what you got didnвАЩt help?вАЭ

вАЬNo, sir.вАЭ

вАЬDid you go to that young haberdasher who testified here as he said?вАЭ

вАЬYes, sir.вАЭ

вАЬAnd did he give you the name of any particular doctor?вАЭ

вАЬWellвБ†вАФyesвБ†вАФbut I wouldnвАЩt care to say which one.вАЭ

вАЬAll right, you neednвАЩt. But did you send Miss Alden to any doctor?вАЭ

вАЬYes, sir.вАЭ

вАЬDid she go alone or did you go with her?вАЭ

вАЬI went with herвБ†вАФthat is, to the door.вАЭ

вАЬWhy only to the door?вАЭ

вАЬWell, we talked it over, and she thought just as I did, that it might be better that way. I didnвАЩt have any too much money at the time. I thought he might be willing to help her for less if she went by herself than if we both went together.вАЭ

(вАЬIвАЩll be damned if he isnвАЩt stealing most of my thunder,вАЭ thought Mason to himself at this point. вАЬHeвАЩs forestalling most of the things I intended to riddle him with.вАЭ And he sat up worried. Burleigh and Redmond and Earl NewcombвБ†вАФall now saw clearly what Jephson was attempting to do.)

вАЬI see. And it wasnвАЩt by any chance because you were afraid that your uncle or Miss X might hear of it?вАЭ

вАЬOh, yes, IвБ†вАКвБ†вА¶ that is, we both thought of that and talked of it. She understood how things were with me down there.вАЭ

вАЬBut not about Miss X?вАЭ

вАЬNo, not about Miss X.вАЭ

вАЬAnd why not?вАЭ

вАЬWell, because I didnвАЩt think I could very well tell her just then. It would have made her feel too bad. I wanted to wait until she was all right again.вАЭ

вАЬAnd then tell her and leave her. Is that what you mean?вАЭ

вАЬWell, yes, if I still couldnвАЩt care for her any moreвБ†вАФyes, sir.вАЭ

вАЬBut not if she was in trouble?вАЭ

вАЬWell, no, sir, not if she was in trouble. But you see, at that time I was expecting to be able to get her out of that.вАЭ

вАЬI see. But didnвАЩt her condition affect your attitude toward herвБ†вАФcause you to want to straighten the whole thing out by giving up this Miss X and marrying Miss Alden?вАЭ

вАЬWell, no, sirвБ†вАФnot then exactlyвБ†вАФthat is, not at that time.вАЭ

вАЬHow do you meanвБ†вАФвАШnot at that timeвАЩ?вАЭ

вАЬWell, I did come to feel that way later, as I told youвБ†вАФbut not thenвБ†вАФthat was afterwardsвБ†вАФafter we started on our trip to the AdirondacksвБ†вАФвАЭ

вАЬAnd why not then?вАЭ

вАЬIвАЩve said why. I was too crazy about Miss X to think of anything but her.вАЭ

вАЬYou couldnвАЩt change even then?вАЭ

вАЬNo, sir. I felt sorry, but I couldnвАЩt.вАЭ

вАЬI see. But never mind that now. I will come to that later. Just now I want to have you explain to the jury, if you can, just what it was about this Miss X, as contrasted with Miss Alden, that made her seem so very much more desirable in your eyes. Just what characteristics of manner or face or mind or positionвБ†вАФor whatever it was that so enticed you? Or do you know?вАЭ

This was a question which both Belknap and Jephson in various ways and for various reasonsвБ†вАФpsychic, legal, personalвБ†вАФhad asked Clyde before, and with varying results. At first he could not and would not discuss her at all, fearing that whatever he said would be seized upon and used in his trial and the newspapers along with her name. But later, when because of the silence of the newspapers everywhere in regard to her true name, it became plain that she was not to be featured, he permitted himself to talk more freely about her. But now here on the stand, he grew once more nervous and reticent.

вАЬWell, you see, itвАЩs hard to say. She was very beautiful to me. Much more so than RobertaвБ†вАФbut not only that, she was different from anyone I had ever knownвБ†вАФmore independentвБ†вАФand everybody paid so much attention to what she did and what she said. She seemed to know more than anyone else I ever knew. Then she dressed awfully well, and was very rich and in society and her name and pictures were always in the paper. I used to read about her every day when I didnвАЩt see her, and that seemed to keep her before me a lot. She was daring, tooвБ†вАФnot so simple or trusting as Miss Alden wasвБ†вАФand at first it was hard for me to believe that she was becoming so interested in me. It got so that I couldnвАЩt think of anyone or anything else, and I didnвАЩt want Roberta any more. I just couldnвАЩt, with Miss X always before me.вАЭ

вАЬWell, it looks to me as if you might have been in love, or hypnotized at that,вАЭ insinuated Jephson at the conclusion of this statement, the tail of his right eye upon the jury. вАЬIf that isnвАЩt a picture of pretty much all gone, I guess I donвАЩt know one when I see it.вАЭ But with the audience and the jury as stony-faced as before, as he could see.

But immediately thereafter the swift and troubled waters of the alleged plot which was the stern trail to which all this was leading.

вАЬWell, now, Clyde, from there on, just what happened? Tell us now, as near as you can recall. DonвАЩt shade it or try to make yourself look any better or any worse. She is dead, and you may be, eventually, if these twelve gentlemen here finally so decide.вАЭ (And at this an icy chill seemed to permeate the entire courtroom as well as Clyde.) вАЬBut the truth for the peace of your own soul is the best,вАЭвБ†вАФand here Jephson thought of MasonвБ†вАФlet him counteract that if he can.

вАЬYes, sir,вАЭ said Clyde, simply.

вАЬWell, then, after she got in trouble and you couldnвАЩt help her, then what? What was it you did? How did you act?вБ†вАКвБ†вА¶ By the way, one momentвБ†вАФwhat was your salary at that time?вАЭ

вАЬTwenty-five dollars a week,вАЭ confessed Clyde.

вАЬNo other source of income?вАЭ

вАЬI didnвАЩt quite hear.вАЭ

вАЬWas there any other source from which you were obtaining any money at that time in any way?вАЭ

вАЬNo, sir.вАЭ

вАЬAnd how much was your room?вАЭ

вАЬSeven dollars a week.вАЭ

вАЬAnd your board?вАЭ

вАЬOh, from five to six.вАЭ

вАЬAny other expenses?вАЭ

вАЬYes, sirвБ†вАФmy clothes and laundry.вАЭ

вАЬYou had to stand your share of whatever social doings were on foot, didnвАЩt you?вАЭ

вАЬObjected to as leading!вАЭ called Mason.

вАЬObjection sustained,вАЭ replied Justice Oberwaltzer.

вАЬAny other expenses that you can think of?вАЭ

вАЬWell, there were carfares and trainfares. And then I had to share in whatever social expenses there were.вАЭ

вАЬExactly!вАЭ cried Mason, with great irritation. вАЬI wish you would quit leading this parrot here.вАЭ

вАЬI wish the honorable district attorney would mind his own business!вАЭ snorted JephsonвБ†вАФas much for ClydeвАЩs benefit as for his own. He wished to break down his fear of Mason. вАЬIвАЩm examining this defendant, and as for parrots weвАЩve seen quite a number of them around here in the last few weeks, and coached to the throat like schoolboys.вАЭ

вАЬThatвАЩs a malicious lie!вАЭ shouted Mason. вАЬI object and demand an apology.вАЭ

вАЬThe apology is to me and to this defendant, if your Honor pleases, and will be exacted quickly if your Honor will only adjourn this court for a few minutes,вАЭ and then stepping directly in front of Mason, he added: вАЬAnd I will be able to obtain it without any judicial aid.вАЭ Whereupon Mason, thinking he was about to be attacked, squared off, the while assistants and deputy sheriffs, and stenographers and writers, and the clerk of the court himself, gathered round and seized the two lawyers while Justice Oberwaltzer pounded violently on his desk with his gavel:

вАЬGentlemen! Gentlemen! You are both in contempt of court, both of you! You will apologize to the court and to each other, or IвАЩll declare a mistrial and commit you both for ten days and fine you five hundred dollars each.вАЭ With this he leaned down and frowned on both. And at once Jephson replied, most suavely and ingratiatingly: вАЬUnder the circumstances, your Honor, I apologize to you and to the attorney for the People and to this jury. The attack on this defendant, by the district attorney, seemed too unfair and uncalled forвБ†вАФthat was all.вАЭ

вАЬNever mind that,вАЭ continued Oberwaltzer.

вАЬUnder the circumstances, your Honor, I apologize to you and to the counsel for the defense. I was a little hasty, perhaps. And to this defendant also,вАЭ sneered Mason, after first looking into Justice OberwaltzerвАЩs angry and uncompromising eyes and then into ClydeвАЩs, who instantly recoiled and turned away.

вАЬProceed,вАЭ growled Oberwaltzer, sullenly.

вАЬNow, Clyde,вАЭ resumed Jephson anew, as calm as though he had just lit and thrown away a match. вАЬYou say your salary was twenty-five dollars and you had these various expenses. Had you, up to this time, been able to put aside any money for a rainy day?вАЭ

вАЬNo, sirвБ†вАФnot muchвБ†вАФnot any, really.вАЭ

вАЬWell, then, supposing some doctor to whom Miss Alden had applied had been willing to assist her and wantedвБ†вАФsay a hundred dollars or soвБ†вАФwere you ready to furnish that?вАЭ

вАЬNo, sirвБ†вАФnot right off, that is.вАЭ

вАЬDid she have any money of her own that you know of?вАЭ

вАЬNone that I know ofвБ†вАФno, sir.вАЭ

вАЬWell, how did you intend to help her then?вАЭ

вАЬWell, I thought if either she or I found anyone and he would wait and let me pay for it on time, that I could save and pay it that way, maybe.вАЭ

вАЬI see. You were perfectly willing to do that, were you?вАЭ

вАЬYes, sir, I was.вАЭ

вАЬYou told her so, did you?вАЭ

вАЬYes, sir. She knew that.вАЭ

вАЬWell, when neither you nor she could find anyone to help her, then what? What did you do next?вАЭ

вАЬWell, then she wanted me to marry her.вАЭ

вАЬRight away?вАЭ

вАЬYes, sir. Right away.вАЭ

вАЬAnd what did you say to that?вАЭ

вАЬI told her I just couldnвАЩt then. I didnвАЩt have any money to get married on. And besides if I did and didnвАЩt go away somewhere, at least until the baby was born, everybody would find out and I couldnвАЩt have stayed there anyhow. And she couldnвАЩt either.вАЭ

вАЬAnd why not?вАЭ

вАЬWell, there were my relatives. They wouldnвАЩt have wanted to keep me any more, or her either, I guess.вАЭ

вАЬI see. They wouldnвАЩt have considered you fit for the work you were doing, or her either. Is that it?вАЭ

вАЬI thought so, anyhow,вАЭ replied Clyde.

вАЬAnd then what?вАЭ

вАЬWell, even if I had wanted to go away with her and marry her, I didnвАЩt have enough money to do that and she didnвАЩt either. I would have had to give up my place and gone and found another somewhere before I could let her come. Besides that, I didnвАЩt know any place where I could go and earn as much as I did there.вАЭ

вАЬHow about hotel work? CouldnвАЩt you have gone back to that?вАЭ

вАЬWell, maybeвБ†вАФif I had an introduction of some kind. But I didnвАЩt want to go back to that.вАЭ

вАЬAnd why not?вАЭ

вАЬWell, I didnвАЩt like it so much any moreвБ†вАФnot that kind of life.вАЭ

вАЬBut you didnвАЩt mean that you didnвАЩt want to do anything at all, did you? That wasnвАЩt your attitude, was it?вАЭ

вАЬOh, no, sir. That wasnвАЩt it. I told her right away if she would go away for a whileвБ†вАФwhile she had her babyвБ†вАФand let me stay on there in Lycurgus, that I would try to live on less and give her all I could save until she was all right again.вАЭ

вАЬBut not marry her?вАЭ

вАЬNo, sir, I didnвАЩt feel that I could do that then.вАЭ

вАЬAnd what did she say to that?вАЭ

вАЬShe wouldnвАЩt do it. She said she couldnвАЩt and wouldnвАЩt go through with it unless I would marry her.вАЭ

вАЬI see. Then and there?вАЭ

вАЬWell, yesвБ†вАФpretty soon, anyhow. She was willing to wait a little while, but she wouldnвАЩt go away unless I would marry her.вАЭ

вАЬAnd did you tell her that you didnвАЩt care for her any more?вАЭ

вАЬWell, nearlyвБ†вАФyes, sir.вАЭ

вАЬWhat do you mean by вАШnearlyвАЩ?вАЭ

вАЬWell, that I didnвАЩt want to. Besides, she knew I didnвАЩt care for her any more. She said so herself.вАЭ

вАЬTo you, at that time?вАЭ

вАЬYes, sir. Lots of times.вАЭ

вАЬWell, yes, thatвАЩs trueвБ†вАФit was in all of those letters of hers that were read here. But when she refused so flatly, what did you do then?вАЭ

вАЬWell, I didnвАЩt know what to do. But I thought maybe if I could get her to go up to her home for a while, while I tried and saved what I couldвБ†вАФwellвБ†вАКвБ†вА¶ maybeвБ†вАКвБ†вА¶ once she was up there and saw how much I didnвАЩt want to marry herвБ†вАФвАЭ (Clyde paused and fumbled at his lips. This lying was hard.)

вАЬYes, go on. And remember, the truth, however ashamed of it you may be, is better than any lie.вАЭ

вАЬAnd maybe when she was a little more frightened and not so determinedвБ†вАФвАЭ

вАЬWerenвАЩt you frightened, too?вАЭ

вАЬYes, sir, I was.вАЭ

вАЬWell, go on.вАЭ

вАЬThat thenвБ†вАФwellвБ†вАФmaybe if I offered her all that I had been able to save up to thenвБ†вАФyou see I thought maybe I might be able to borrow some from someone tooвБ†вАФthat she might be willing to go away and not make me marry herвБ†вАФjust live somewhere and let me help her.вАЭ

вАЬI see. But she wouldnвАЩt agree to that?вАЭ

вАЬWell, noвБ†вАФnot to my not marrying her, noвБ†вАФbut to going up there for a month, yes. I couldnвАЩt get her to say that she would let me off.вАЭ

вАЬBut did you at that or any other time before or subsequent to that say that you would come up there and marry her?вАЭ

вАЬNo, sir. I never did.вАЭ

вАЬJust what did you say then?вАЭ

вАЬI said thatвБ†вАКвБ†вА¶ as soon as I could get the money,вАЭ stuttered Clyde at this point, so nervous and shamed was he, вАЬI would come for her in about a month and we could go away somewhere untilвБ†вАФuntilвБ†вАФwell, until she was out of that.вАЭ

вАЬBut you did not tell her that you would marry her?вАЭ

вАЬNo, sir. I did not.вАЭ

вАЬBut she wanted you to, of course.вАЭ

вАЬYes, sir.вАЭ

вАЬHad you any notion that she could force you so to do at that timeвБ†вАФmarry her against your will, I mean?вАЭ

вАЬNo, sir, I didnвАЩt. Not if I could help it. My plan was to wait as long as I could and save all the money I could and then when the time came just refuse and give her all the money that I had and help her all I could from then on.вАЭ

вАЬBut you know,вАЭ proceeded Jephson, most suavely and diplomatically at this point, вАЬthere are various references in these letters here which Miss Alden wrote youвАЭвБ†вАФand he reached over and from the district attorneyвАЩs table picked up the original letters of Roberta and weighed them solemnly in his handвБ†вАФвАЬto a plan which you two had in connection with this tripвБ†вАФor at least that she seemed to think you had. Now, exactly what was that plan? She distinctly refers to it, if I recall aright, as вАШour plan.вАЩвАКвАЭ

вАЬI know that,вАЭ replied ClydeвБ†вАФsince for two months now he, along with Belknap and Jephson, had discussed this particular question. вАЬBut the only plan I know ofвАЭвБ†вАФand here he did his best to look frank and be convincingвБ†вАФвАЬwas the one I offered over and over.вАЭ

вАЬAnd what was that?вАЭ

вАЬWhy, that she go away and take a room somewhere and let me help her and come over and see her once in a while.вАЭ

вАЬWell, no, youвАЩre wrong there,вАЭ returned Jephson, slyly. вАЬThat isnвАЩt and couldnвАЩt be the plan she had in mind. She says in one of these letters that she knows it will be hard on you to have to go away and stay so long, or until she is out of this thing, but that it canвАЩt be helped.вАЭ

вАЬYes, I know,вАЭ replied Clyde, quickly and exactly as he had been told to do, вАЬbut that was her plan, not mine. She kept saying to me most of the time that that was what she wanted me to do, and that I would have to do it. She told me that over the telephone several times, and I may have said all right, all right, not meaning that I agreed with her entirely but that I wanted to talk with her about it some more later.вАЭ

вАЬI see. And so thatвАЩs what you thinkвБ†вАФthat she meant one thing and you meant another.вАЭ

вАЬWell, I know I never agreed to her planвБ†вАФexactly. That is, I never did any more than just to ask her to wait and not do anything until I could get money enough together to come up there and talk to her some more and get her to go awayвБ†вАФthe way I suggested.вАЭ

вАЬBut if she wouldnвАЩt accede to your plan, then what?вАЭ

вАЬWell, then I was going to tell her about Miss X, and beg her to let me go.вАЭ

вАЬAnd if she still wouldnвАЩt?вАЭ

вАЬWell, then I thought I might run away, but I didnвАЩt like to think about that very much.вАЭ

вАЬYou know, Clyde, of course, that some here are of the opinion that there was a plot on your part which originated in your mind about this time to conceal your identity and hers and lure her up there to one of those lone lakes in the Adirondacks and slay her or drown her in cold blood, in order that you might be free to marry this Miss X. Any truth in that? Tell this juryвБ†вАФyes or noвБ†вАФwhich is it?вАЭ

вАЬNo! No! I never did plot to kill her, or anyone,вАЭ protested Clyde, quite dramatically, and clutching at the arms of his chair and seeking to be as emphatic as possible, since he had been instructed so to do. At the same time he arose in his seat and sought to look stern and convincing, although in his heart and mind was the crying knowledge that he had so plotted, and this it was that most weakened him at this momentвБ†вАФmost painfully and horribly weakened him. The eyes of all these people. The eyes of the judge and jury and Mason and all the men and women of the press. And once more his brow was wet and cold and he licked his thin lips nervously and swallowed with difficulty because his throat was dry.

And then it was that piecemeal, and beginning with the series of letters written by Roberta to Clyde after she reached her home and ending with the one demanding that he come for her or she would return to Lycurgus and expose him, Jephson took up the various phases of the вАЬallegedвАЭ plot and crime, and now did his best to minimize and finally dispel all that had been testified to so far.

ClydeвАЩs suspicious actions in not writing Roberta. Well, he was afraid of complications in connection with his relatives, his work, everything. And the same with his arranging to meet her in Fonda. He had no plan as to any trip with her anywhere in particular at the time. He only thought vaguely of meeting her somewhereвБ†вАФanywhereвБ†вАФand possibly persuading her to leave him. But July arriving and his plan still so indefinite, the first thing that occurred to him was that they might go off to some inexpensive resort somewhere. It was Roberta who in Utica had suggested some of the lakes north of there. It was there in the hotel, not at the railway station, that he had secured some maps and foldersвБ†вАФa fatal contention in one sense, for Mason had one folder with a Lycurgus House stamp on the cover, which Clyde had not noticed at the time. And as he was so testifying, Mason was thinking of this. In regard to leaving Lycurgus by a back streetвБ†вАФwell, there had been a desire to conceal his departure with Roberta, of course, but only to protect her name and his from notoriety. And so with the riding in separate cars, registering as Mr.¬†and Mrs.¬†Clifford Golden, and so on indefinitely throughout the entire list of shifty concealments and evasions. In regard to the two hats, well, the one hat was soiled and seeing one that he liked he bought it. Then when he lost the hat in the accident he naturally put on the other. To be sure, he had owned and carried a camera, and it was true that he had it at the CranstonsвАЩ on his first visit there on the eighteenth of June. The only reason he denied having it at first was because he was afraid of being identified with this purely accidental death of Roberta in a way that would be difficult to explain. He had been falsely charged with her murder immediately upon his arrest in the woods, and he was fearful of his entire connection with this ill-fated trip, and not having any lawyer or anyone to say a word for him, he thought it best to say nothing and so for the time being had denied everything, although at once on being provided counsel he had confided to his attorneys the true facts of the case.

And so, too, with the missing suit, which because it was wet and muddy he had done up in a bundle in the woods and after reaching the CranstonsвАЩ had deposited it behind some stones there, intending to return and secure it and have it dry-cleaned. But on being introduced to Mr.¬†Belknap and Mr.¬†Jephson he had at once told both and they had secured it and had it cleaned for him.

вАЬBut now, Clyde, in regard to your plans and your being out on that lake in the first placeвБ†вАФletвАЩs hear about that now.вАЭ

And thenвБ†вАФquite as Jephson had outlined it to Belknap, came the story of how he and Roberta had reached Utica and afterwards Grass Lake. And yet no plan. He intended, if worst came to worst, to tell her of his great love for Miss X and appeal to her sympathy and understanding to set him free at the same time that he offered to do anything that he could for her. If she refused he intended to defy her and leave Lycurgus, if necessary, and give up everything.

вАЬBut when I saw her at Fonda, and later in Utica, looking as tired and worried as she was,вАЭ and here Clyde was endeavoring to give the ring of sincerity to words carefully supplied him, вАЬand sort of helpless, I began to feel sorry for her again.вАЭ

вАЬYes, and then what?вАЭ

вАЬWell, I wasnвАЩt quite so sure whether in case she refused to let me off I could go through with leaving her.вАЭ

вАЬWell, what did you decide then?вАЭ

вАЬNot anything just then. I listened to what she had to say and I tried to tell her how hard it was going to be for me to do anything much, even if I did go away with her. I only had fifty dollars.вАЭ

вАЬYes?вАЭ

вАЬAnd then she began to cry, and I decided I couldnвАЩt talk to her any more about it there. She was too rundown and nervous. So I asked her if there wasnвАЩt any place she would like to go to for a day or two to brace herself up a little,вАЭ went on Clyde, only here on account of the blackness of the lie he was telling he twisted and swallowed in the weak, stigmatic way that was his whenever he was attempting something which was beyond himвБ†вАФany untruth or a feat of skillвБ†вАФand then added: вАЬAnd she said yes, maybe to one of those lakes up in the AdirondacksвБ†вАФit didnвАЩt make much difference which oneвБ†вАФif we could afford it. And when I told her, mostly because of the way she was feeling, that I thought we couldвБ†вАФвАЭ

вАЬThen you really only went up there on her account?вАЭ

вАЬYes, sir, only on account of her.вАЭ

вАЬI see. Go on.вАЭ

вАЬWell, then she said if I would go downstairs or somewhere and get some folders we might be able to find a place up there somewhere where it wasnвАЩt so expensive.вАЭ

вАЬAnd did you?вАЭ

вАЬYes, sir.вАЭ

вАЬWell, and then what?вАЭ

вАЬWell, we looked them over and we finally hit on Grass Lake.вАЭ

вАЬWho did? The two of youвБ†вАФor she?вАЭ

вАЬWell, she took one folder and I took another, and in hers she found an ad about an inn up there where two people could stay for twenty-one dollars a week, or five dollars a day for the two. And I thought we couldnвАЩt do much better than that for one day.вАЭ

вАЬWas one day all you intended to stay?вАЭ

вАЬNo, sir. Not if she wanted to stay longer. My idea at first was that we might stay one or two days or three. I couldnвАЩt tellвБ†вАФwhatever time it took me to talk things out with her and make her understand and see where I stood.вАЭ

вАЬI see. And thenвБ†вАКвБ†вА¶вАК?вАЭ

вАЬWell, then we went up to Grass Lake the next morning.вАЭ

вАЬIn separate cars still?вАЭ

вАЬYes, sirвБ†вАФin separate cars.вАЭ

вАЬAnd when you got there?вАЭ

вАЬWhy, we registered.вАЭ

вАЬHow?вАЭ

вАЬClifford Graham and wife.вАЭ

вАЬStill afraid someone would know who you were?вАЭ

вАЬYes, sir.вАЭ

вАЬDid you try to disguise your handwriting in any way?вАЭ

вАЬYes, sirвБ†вАФa little.вАЭ

вАЬBut just why did you always use your own initialsвБ†вАФC. G.?вАЭ

вАЬWell, I thought that the initials on my bag should be the same as the initials on the register, and still not be my name either.вАЭ

вАЬI see. Clever in one sense, not so clever in anotherвБ†вАФjust half clever, which is the worst of all.вАЭ At this Mason half rose in his seat as though to object, but evidently changing his mind, sank slowly back again. And once more JephsonвАЩs right eye swiftly and inquiringly swept the jury to his right. вАЬWell, did you finally explain to her that you wanted to be done with it all as you had plannedвБ†вАФor did you not?вАЭ

вАЬI wanted to talk to her about it just after we got there if I couldвБ†вАФthe next morning, anyhowвБ†вАФbut just as soon as we got off up there and got settled she kept saying to me that if I would only marry her thenвБ†вАФthat she would not want to stay married longвБ†вАФthat she was so sick and worried and felt so badвБ†вАФthat all she wanted to do was to get through and give the baby a name, and after that she would go away and let me go my way, too.вАЭ

вАЬAnd then?вАЭ

вАЬWell, and thenвБ†вАФthen we went out on the lakeвБ†вАФвАЭ

вАЬWhich lake, Clyde?вАЭ

вАЬWhy, Grass Lake. We went out for a row after we got there.вАЭ

вАЬRight away? In the afternoon?вАЭ

вАЬYes, sir. She wanted to go. And then while we were out there rowing aroundвБ†вАФвАЭ (He paused.)

вАЬShe got to crying again, and she seemed so much up against it and looked so sick and so worried that I decided that after all she was right and I was wrongвБ†вАФthat it wouldnвАЩt be right, on account of the baby and all, not to marry her, and so I thought I had better do it.вАЭ

вАЬI see. A change of heart. And did you tell her that then and there?вАЭ

вАЬNo, sir.вАЭ

вАЬAnd why not? WerenвАЩt you satisfied with the trouble you had caused her so far?вАЭ

вАЬYes, sir. But you see just as I was going to talk to her at that time I got to thinking of all the things I had been thinking before I came up.вАЭ

вАЬWhat, for instance?вАЭ

вАЬWhy, Miss X and my life in Lycurgus, and what weвАЩd be up against in case we did go away this way.вАЭ

вАЬYes.вАЭ

вАЬAndвБ†вАКвБ†вА¶ wellвБ†вАКвБ†вА¶ and then I couldnвАЩt just tell her thenвБ†вАФnot that day, anyhow.вАЭ

вАЬWell, when did you tell her then?вАЭ

вАЬWell, I told her not to cry any moreвБ†вАФthat I thought maybe it would be all right if she gave me twenty-four hours more to think things all outвБ†вАФthat maybe weвАЩd be able to settle on something.вАЭ

вАЬAnd then?вАЭ

вАЬWell, then she said after a while that she didnвАЩt care for Grass Lake. She wished we would go away from there.вАЭ

вАЬShe did?вАЭ

вАЬYes. And then we got out the maps again and I asked a fellow at the hotel there if he knew about the lakes up there. And he said of all the lakes around there Big Bittern was the most beautiful. I had seen it once, and I told Roberta about it and what the man said, and then she asked why didnвАЩt we go there.вАЭ

вАЬAnd is that why you went there?вАЭ

вАЬYes, sir.вАЭ

вАЬNo other reason?вАЭ

вАЬNo, sirвБ†вАФnoneвБ†вАФexcept that it was back, or south, and we were going that way anyhow.вАЭ

вАЬI see. And that was Thursday, July eighth?вАЭ

вАЬYes, sir.вАЭ

вАЬWell, now, Clyde, as you have seen, it has been charged here that you took Miss Alden to and out on that lake with the sole and premeditated intent of killing herвБ†вАФmurdering herвБ†вАФfinding some unobserved and quiet spot and then first striking her with your camera, or an oar, or club, or stone maybe, and then drowning her. Now, what have you to say to that? Is that true, or isnвАЩt it?вАЭ

вАЬNo, sir! ItвАЩs not true!вАЭ returned Clyde, clearly and emphatically. вАЬI never went there of my own accord in the first place, and I only went there because she didnвАЩt like Grass Lake.вАЭ And here, because he had been sinking down in his chair, he pulled himself up and looked at the jury and the audience with what measure of strength and conviction he could summonвБ†вАФas previously he had been told to do. At the same time he added: вАЬAnd I wanted to please her in any way that I could so that she might be a little more cheerful.вАЭ

вАЬWere you still as sorry for her on this Thursday as you had been the day before?вАЭ

вАЬYes, sirвБ†вАФmore, I think.вАЭ

вАЬAnd had you definitely made up your mind by then as to what you wanted to do?вАЭ

вАЬYes, sir.вАЭ

вАЬWell, and just what was that?вАЭ

вАЬWell, I had decided to play as fair as I could. I had been thinking about it all night, and I realized how badly she would feel and I too if I didnвАЩt do the right thing by herвБ†вАФbecause she had said three or four times that if I didnвАЩt she would kill herself. And I had made up my mind that morning that whatever else happened that day, I was going to straighten the whole thing out.вАЭ

вАЬThis was at Grass Lake. You were still in the hotel on Thursday morning?вАЭ

вАЬYes, sir.вАЭ

вАЬAnd you were going to tell her just what?вАЭ

вАЬWell, that I knew that I hadnвАЩt treated her quite right and that I was sorryвБ†вАФbesides, that her offer was fair enough, and that if after what I was going to tell her she still wanted me, I would go away with her and marry her. But that I had to tell her first the real reason for my changing as I hadвБ†вАФthat I had been and still was in love with another girl and that I couldnвАЩt help itвБ†вАФthat probably whether I married her or notвБ†вАФвАЭ

вАЬMiss Alden you mean?вАЭ

вАЬYes, sirвБ†вАФthat I would always go on loving this other girl, because I just couldnвАЩt get her out of my mind. But just the same, if that didnвАЩt make any difference to her, that I would marry her even if I couldnвАЩt love her any more as I once did. That was all.вАЭ

вАЬBut what about Miss X?вАЭ

вАЬWell, I had thought about her too, but I thought she was better off and could stand it easier. Besides, I thought perhaps Roberta would let me go and we could just go on being friends and I would help her all I could.вАЭ

вАЬHad you decided just where you would marry her?вАЭ

вАЬNo, sir. But I knew there were plenty of towns below Big Bittern and Grass Lake.вАЭ

вАЬBut were you going to do that without one single word to Miss X beforehand?вАЭ

вАЬWell, no, sirвБ†вАФnot exactly. I figured that if Roberta wouldnвАЩt let me off but didnвАЩt mind my leaving her for a few days, I would go down to where Miss X lived and tell her, and then come back. But if she objected to that, why then I was going to write Miss X a letter and explain how it was and then go on and get married to Roberta.вАЭ

вАЬI see. But, Clyde, among other bits of testimony here, there was that letter found in Miss AldenвАЩs coat pocketвБ†вАФthe one written on Grass Lake Inn stationery and addressed to her mother, in which she told her that she was about to be married. Had you already told her up there at Grass Lake that morning that you were going to marry her for sure?вАЭ

вАЬNo, sir. Not exactly, but I did say on getting up that day that it was the deciding day for us and that she was going to be able to decide for herself whether she wanted me to marry her or not.вАЭ

вАЬOh, I see. So thatвАЩs it,вАЭ smiled Jephson, as though greatly relieved. (And Mason and Newcomb and Burleigh and State Senator Redmond all listening with the profoundest attention, now exclaimed, sotto voce and almost in unison: вАЬOf all the bunk!вАЭ)

вАЬWell, now we come to the trip itself. You have heard the testimony here and the dark motive and plotting that has been attributed to every move in connection with it. Now I want you to tell it in your own way. It has been testified here that you took both bagsвБ†вАФyours and hersвБ†вАФup there with you but that you left hers at Gun Lodge when you got there and took your own out on the lake in that boat with you. Now just why did you do that? Please speak so that all of the jurymen can hear you.вАЭ

вАЬWell, the reason for that was,вАЭ and here once more his throat became so dry that he could scarcely speak, вАЬwe didnвАЩt know whether we could get any lunch at Big Bittern, so we decided to take some things along with us from Grass Lake. Her bag was packed full of things, but there was room in mine. Besides, it had my camera with the tripod outside. So I decided to leave hers and take mine.вАЭ

вАЬYou decided?вАЭ

вАЬWell, I asked her what she thought and she said she thought that was best.вАЭ

вАЬWhere was it you asked her that?вАЭ

вАЬOn the train coming down.вАЭ

вАЬAnd did you know then that you were coming back to Gun Lodge after going out on the lake?вАЭ

вАЬYes, sir, I did. We had to. There was no other road. They told us that at Grass Lake.вАЭ

вАЬAnd in riding over to Big BitternвБ†вАФdo you recall the testimony of the driver who drove you overвБ†вАФthat you were вАШvery nervousвАЩ and that you asked him whether there were many people over that that day?вАЭ

вАЬI recall it, yes, sir, but I wasnвАЩt nervous at all. I may have asked about the people, but I canвАЩt see anything wrong with that. It seems to me that anyone might ask that.вАЭ

вАЬAnd so it seems to me,вАЭ echoed Jephson. вАЬThen what happened after you registered at Big Bittern Inn and got into that boat and went out on the lake with Miss Alden? Were you or she especially preoccupied or nervous or in any state different from that of any ordinary person who goes out on a lake to row? Were you particularly happy or particularly gloomy, or what?вАЭ

вАЬWell, I donвАЩt think I was especially gloomyвБ†вАФno, sir. I was thinking of all I was going to tell her, of course, and of what was before me either way she decided. I wasnвАЩt exactly gay, I guess, but I thought it would be all right whichever way things went. I had decided that I was willing to marry her.вАЭ

вАЬAnd how about her? Was she quite cheerful?вАЭ

вАЬWellвБ†вАФyes, sir. She seemed to feel much happier for some reason.вАЭ

вАЬAnd what did you talk about?вАЭ

вАЬOh, about the lake firstвБ†вАФhow beautiful it was and where we would have our lunch when we were ready for it. And then we rowed along the west shore looking for water lilies. She was so happy that I hated to bring up anything just then, and so we just kept on rowing until about two, when we stopped for lunch.вАЭ

вАЬJust where was that? Just get up and trace on the map with that pointer there just where you did go and how long you stopped and for what.вАЭ

And so Clyde, pointer in hand and standing before the large map of the lake and region which particularly concerned this tragedy, now tracing in detail the long row along the shore, a group of trees, which, after having lunch, they had rowed to seeвБ†вАФa beautiful bed of water lilies which they had lingered overвБ†вАФeach point at which they had stopped, until reaching Moon Cove at about five in the afternoon, they had been so entranced by its beauty that they had merely sat and gazed, as he said. Afterwards, in order that he might take some pictures, they had gone ashore in the woods nearbyвБ†вАФhe all the while preparing himself to tell Roberta of Miss X and ask her for her final decision. And then having left the bag on shore for a few moments while they rowed out and took some snapshots in the boat, they had drifted in the calm of the water and the stillness and beauty until finally he had gathered sufficient courage to tell her what was in his heart. And at first, as he now said, Roberta seemed greatly startled and depressed and began crying a little, saying that perhaps it was best for her not to live any longerвБ†вАФshe felt so miserable. But, afterwards, when he had impressed on her the fact that he was really sorry and perfectly willing to make amends, she had suddenly changed and begun to grow more cheerful, and then of a sudden, in a burst of tenderness and gratefulnessвБ†вАФhe could not say exactlyвБ†вАФshe had jumped up and tried to come to him. Her arms were outstretched and she moved as if to throw herself at his feet or into his lap. But just then, her foot, or her dress, had caught and she had stumbled. And heвБ†вАФcamera in handвБ†вАФ(a last minute decision or legal precaution on the part of Jephson)вБ†вАФhad risen instinctively to try to catch her and stop her fall. PerhapsвБ†вАФhe would not be able to say hereвБ†вАФher face or hand had struck the camera. At any rate, the next moment, before he quite understood how it all happened, and without time for thought or action on his part or hers, both were in the water and the boat, which had overturned, seemed to have struck Roberta, for she seemed to be stunned.

вАЬI called to her to try to get to the boatвБ†вАФit was moving awayвБ†вАФto take hold of it, but she didnвАЩt seem to hear me or understand what I meant. I was afraid to go too near her at first because she was striking out in every directionвБ†вАФand before I could swim ten strokes forward her head had gone down once and come up and then gone down again for a second time. By then the boat had floated all of thirty or forty feet away and I knew that I couldnвАЩt get her into that. And then I decided that if I wanted to save myself I had better swim ashore.вАЭ

And once there, as he now narrated, it suddenly occurred to him how peculiar and suspicious were all the circumstances surrounding his present position. He suddenly realized, as he now said, how had the whole thing looked from the beginning. The false registering. The fact his bag was thereвБ†вАФhers not. Besides, to return now meant that he would have to explain and it would become generally knownвБ†вАФand everything connected with his life would goвБ†вАФMiss X, his work, his social positionвБ†вАФallвБ†вАФwhereas, if he said nothing (and here it was, and for the first time, as he now swore, that this thought occurred to him), it might be assumed that he too had drowned. In view of this fact and that any physical help he might now give her would not restore her to life, and that acknowledgment would mean only trouble for him and shame for her, he decided to say nothing. And so, to remove all traces, he had taken off his clothes and wrung them out and wrapped them for packing as best he could. Next, having left the tripod on shore with his bag, he decided to hide that, and did. His first straw hat, the one without the lining (but about which absent lining he now declared he knew nothing), had been lost with the overturning of the boat, and so now he had put on the extra one he had with him, although he also had a cap which he might have worn. (He usually carried an extra hat on a trip because so often, it seemed, something happened to one.) Then he had ventured to walk south through the woods toward a railroad which he thought cut through the woods in that direction. He had not known of any automobile road through there then, and as for making for the Cranstons so directly, he confessed quite simply that he would naturally have gone there. They were his friends and he wanted to get off somewhere where he could think about this terrible thing that had descended upon him so suddenly out of a clear sky.

And then having testified to so muchвБ†вАФand no more appearing to occur either to Jephson or himselfвБ†вАФthe former after a pause now turned and said, most distinctly and yet somehow quietly:

вАЬNow, Clyde, you have taken a solemn oath before this jury, this judge, all these people here, and above all your God, to tell the truth, the whole truth, and nothing but the truth. You realize what that means, donвАЩt you?вАЭ

вАЬYes, sir, I do.вАЭ

вАЬYou swear before God that you did not strike Roberta Alden in that boat?вАЭ

вАЬI swear. I did not.вАЭ

вАЬOr throw her into the lake?вАЭ

вАЬI swear it. I did not.вАЭ

вАЬOr willfully or willingly in any way attempt to upset that boat or in any other fashion bring about the death that she suffered?вАЭ

вАЬI swear it!вАЭ cried Clyde, emphatically and emotionally.

вАЬYou swear that it was an accidentвБ†вАФunpremeditated and undesigned by you?вАЭ

вАЬI do,вАЭ lied Clyde, who felt that in fighting for his life he was telling a part of the truth, for that accident was unpremeditated and undesigned. It had not been as he had planned and he could swear to that.

And then Jephson, running one of his large strong hands over his face and looking blandly and nonchalantly around upon the court and jury, the while he compressed his thin lips into a long and meaningful line, announced: вАЬThe prosecution may take the witness.вАЭ