XXVI + 

The remainder of the trial consisted of the testimony of eleven witnessesвБ†вАФfour for Mason and seven for Clyde. One of the latterвБ†вАФa Dr.¬†A. K. Sword, of RehobethвБ†вАФchancing to be at Big Bittern on the day that RobertaвАЩs body was returned to the boathouse, now declared that he had seen and examined it there and that the wounds, as they appeared then, did not seem to him as other than such as might have been delivered by such a blow as Clyde admitted to having struck accidentally, and that unquestionably Miss Alden had been drowned while consciousвБ†вАФand not unconscious, as the state would have the jury believeвБ†вАФa result which led Mason into an inquiry concerning the gentlemanвАЩs medical history, which, alas, was not as impressive as it might have been. He had been graduated from a second-rate medical school in Oklahoma and had practised in a small town ever since. In addition to himвБ†вАФand entirely apart from the crime with which Clyde was chargedвБ†вАФthere was Samuel Yearsley, one of the farmers from around Gun Lodge, who, driving over the road which RobertaвАЩs body had traveled in being removed from Big Bittern to Gun Lodge, now earnestly swore that the road, as he had noticed in driving over it that same morning, was quite roughвБ†вАФmaking it possible for Belknap, who was examining him, to indicate that this was at least an approximate cause of the extra-severity of the wounds upon RobertaвАЩs head and face. This bit of testimony was later contradicted, however, by a rival witness for MasonвБ†вАФthe driver for Lutz Brothers, no less, who as earnestly swore that he found no ruts or rough places whatsoever in the road. And again there were Liggett and Whiggam to say that in so far as they had been able to note or determine, ClydeвАЩs conduct in connection with his technical efforts for Griffiths¬†& Company had been attentive, faithful and valuable. They had seen no official harm in him. And then several other minor witnesses to say that in so far as they had been able to observe his social comings and goings, ClydeвАЩs conduct was most circumspect, ceremonious and guarded. He had done no ill that they knew of. But, alas, as Mason in cross-examining them was quick to point out, they had never heard of Roberta Alden or her trouble or even of ClydeвАЩs social relationship with her. + 

Finally many small and dangerous and difficult points having been bridged or buttressed or fended against as well as each side could, it became BelknapвАЩs duty to say his last word for Clyde. And to this he gave an entire day, most carefully, and in the spirit of his opening address, retracing and emphasizing every point which tended to show how almost unconsciously, if not quite innocently, Clyde had fallen into the relationship with Roberta which had ended so disastrously for both. Mental and moral cowardice, as he now reiterated, inflamed or at least operated on by various lacks in ClydeвАЩs early life, plus new opportunities such as previously had never appeared to be within his grasp, had affected his вАЬperhaps too pliable and sensual and impractical and dreamy mind.вАЭ No doubt he had not been fair to Miss Alden. No question as to that. He had not. But on the other handвБ†вАФand as had been most clearly shown by the confession which the defense had elicitedвБ†вАФhe had not proved ultimately so cruel or vile as the prosecution would have the public and this honorable jury believe. Many men were far more cruel in their love life than this young boy had ever dreamed of being, and of course they were not necessarily hung for that. And in passing technically on whether this boy had actually committed the crime charged, it was incumbent upon this jury to see that no generous impulse relating to what this poor girl might have suffered in her love-relations with this youth be permitted to sway them to the belief or decision that for that this youth had committed the crime specifically stated in the indictment. Who among both sexes were not cruel at times in their love life, the one to the other? + 

And then a long and detailed indictment of the purely circumstantial nature of the evidenceвБ†вАФno single person having seen or heard anything of the alleged crime itself, whereas Clyde himself had explained most clearly how he came to find himself in the peculiar situation in which he did find himself. And after that, a brushing aside of the incident of the folder, as well as ClydeвАЩs not remembering the price of the boat at Big Bittern, his stopping to bury the tripod and his being so near Roberta and not aiding her, as either being mere accidents of chance, or memory, or, in the case of his failing to go to her rescue, of his being dazed, confused, frightenedвБ†вАФвАЬhesitating fatally but not criminally at the one time in his life when he should not have hesitatedвАЭвБ†вАФa really strong if Jesuitical plea which was not without its merits and its weight. + 

And then Mason, blazing with his conviction that Clyde was a murderer of the coldest and blackest type, and spending an entire day in riddling the вАЬspiderвАЩs tissue of lies and unsupported statementsвАЭ with which the defense was hoping to divert the minds of the jury from the unbroken and unbreakable chain of amply substantiated evidence wherewith the prosecution had proved this вАЬbearded manвАЭ to be the вАЬred-handed murdererвАЭ that he was. And with hours spent in retracing the statements of the various witnesses. And other hours in denouncing Clyde, or retelling the bitter miseries of RobertaвБ†вАФso much so that the jury, as well as the audience, was once more on the verge of tears. And with Clyde deciding in his own mind as he sat between Belknap and Jephson, that no jury such as this was likely to acquit him in the face of evidence so artfully and movingly recapitulated. + 

And then Oberwaltzer from his high seat finally instructing the jury: вАЬGentlemenвБ†вАФall evidence is, in a strict sense, more or less circumstantial, whether consisting of facts which permit the inference of guilt or whether given by an eyewitness. The testimony of an eyewitness is, of course, based upon circumstances. + 

вАЬIf any of the material facts of the case are at variance with the probability of guilt, it will be the duty of you gentlemen to give the defendant the benefit of the doubt raised. + 

вАЬAnd it must be remembered that evidence is not to be discredited or decried because it is circumstantial. It may often be more reliable evidence than direct evidence. + 

вАЬMuch has been said here concerning motive and its importance in this case, but you are to remember that proof of motive is by no means indispensable or essential to conviction. While a motive may be shown as a circumstance to aid in fixing a crime, yet the people are not required to prove a motive. + 

вАЬIf the jury finds that Roberta Alden accidentally or involuntarily fell out of the boat and that the defendant made no attempt to rescue her, that does not make the defendant guilty and the jury must find the defendant вАШnot guilty.вАЩ On the other hand, if the jury finds that the defendant in any way, intentionally, there and then brought about or contributed to that fatal accident, either by a blow or otherwise, it must find the defendant guilty. + 

вАЬWhile I do not say that you must agree upon your verdict, I would suggest that you ought not, any of you, place your minds in a position which will not yield if after careful deliberation you find you are wrong.вАЭ + 

So, Justice OberwaltzerвБ†вАФsolemnly and didactically from his high seat to the jury. + 

And then, that point having been reached, the jury rising and filing from the room at five in the afternoon. And Clyde immediately thereafter being removed to his cell before the audience proper was allowed to leave the building. There was constant fear on the part of the sheriff that he might be attacked. And after that five long hours in which he waited, walking to and fro, to and fro, in his cell, or pretending to read or rest, the while Kraut or Sissel, tipped by various representatives of the press for information as to how Clyde вАЬtook itвАЭ at this time, slyly and silently remained as near as possible to watch. + 

And in the meantime Justice Oberwaltzer and Mason and Belknap and Jephson, with their attendants and friends, in various rooms of the Bridgeburg Central Hotel, dining and then waiting impatiently, with the aid of a few drinks, for the jury to agree, and wishing and hoping that the verdict would be reached soon, whatever it might be. + 

And in the meantime the twelve menвБ†вАФfarmers, clerks and storekeepers, re-canvassing for their own mental satisfaction the fine points made by Mason and Belknap and Jephson. Yet out of the whole twelve but one manвБ†вАФSamuel Upham, a druggistвБ†вАФ(politically opposed to Mason and taken with the personality of Jephson)вБ†вАФsympathizing with Belknap and Jephson. And so pretending that he had doubts as to the completeness of MasonвАЩs proof until at last after five ballots were taken he was threatened with exposure and the public rage and obloquy which was sure to follow in case the jury was hung. вАЬWeвАЩll fix you. You wonвАЩt get by with this without the public knowing exactly where you stand.вАЭ Whereupon, having a satisfactory drug business in North Mansfield, he at once decided that it was best to pocket this opposition to Mason and agree. + 

Then four hollow knocks on the door leading from the jury room to the courtroom. It was the foreman of the jury, Foster Lund, a dealer in cement, lime and stone. His great fist was knocking. And at that the hundreds who had crowded into the hot stuffy courtroom after dinner though many had not even leftвБ†вАФstirred from the half stupor into which they had fallen. вАЬWhatвАЩs that? WhatвАЩs happened? Is the jury ready to report? WhatвАЩs the verdict?вАЭ And men and women and children starting up to draw nearer the excluding rail. And the two deputies on guard before the jury door beginning to call. вАЬAll right! All right! As soon as the judge comes.вАЭ And then other deputies hurrying to the prison over the way in order that the sheriff might be notified and Clyde brought overвБ†вАФand to the Bridgeburg Central Hotel to summon Oberwaltzer and all the others. And then Clyde, in a half stupor or daze from sheer loneliness and killing suspense, being manacled to Kraut and led over between Slack, Sissel and others. And Oberwaltzer, Mason, Belknap and Jephson and the entire company of newspaper writers, artists, photographers and others entering and taking the places that they had occupied all these long weeks. And Clyde winking and blinking as he was seated behind Belknap and Jephson nowвБ†вАФnot with them, for as stoutly manacled as he was to Kraut, he was compelled to sit by him. And then Oberwaltzer on the bench and the clerk in his place, the jury room door being opened and the twelve men filing solemnly inвБ†вАФquaint and varied figures in angular and for the most part much-worn suits of the ready-made variety. And as they did so, seating themselves in the jury box, only to rise again at the command of the clerk, who began: вАЬGentlemen of the jury, have you agreed on a verdict?вАЭвБ†вАФyet without one of them glancing in the direction of either Belknap or Jephson or Clyde, which Belknap at once interpreted as fatal. + 

вАЬItвАЩs all off,вАЭ he whispered to Jephson. вАЬAgainst us. I can tell.вАЭ And then Lund announcing: вАЬWe have. We find the defendant guilty of murder in the first degree.вАЭ And Clyde, entirely dazed and yet trying to keep his poise and remain serene, gazing straight before him toward the jury and beyond, and with scarcely a blink of the eye. For had he not, in his cell the night before, been told by Jephson, who had found him deeply depressed, that the verdict in this trial, assuming that it proved to be unfavorable, was of no consequence. The trial from start to finish had been unfair. Prejudice and bias had governed its every step. Such bullying and browbeating and innuendo as Mason had indulged in before the jury would never pass as fair or adequate in any higher court. And a new trialвБ†вАФon appealвБ†вАФwould certainly be grantedвБ†вАФalthough by whom such an appeal was to be conducted he was not now prepared to discuss. + 

And now, recalling that, Clyde saying to himself that it did not so much matter perhaps, after all. It could not, reallyвБ†вАФor could it? Yet think what these words meant in case he could not get a new trial! Death! That is what it would mean if this were finalвБ†вАФand perhaps it was final. And then to sit in that chair he had seen in his mindвАЩs eye for so longвБ†вАФthese many days and nights when he could not force his mind to drive it away. Here it was again before himвБ†вАФthat dreadful, ghastly chairвБ†вАФonly closer and larger than ever beforeвБ†вАФthere in the very center of the space between himself and Justice Oberwaltzer. He could see it plainly nowвБ†вАФsquarish, heavy-armed, heavy-backed, some straps at the top and sides. God! Supposing no one would help him now! Even the Griffiths might not be willing to pay out any more money! Think of that! The Court of Appeals to which Jephson and Belknap had referred might not be willing to help him either. And then these words would be final. They would! They would! God! His jaws moved slightly, then setвБ†вАФbecause at the moment he became conscious that they were moving. Besides, at that moment Belknap was rising and asking for an individual poll of the jury, while Jephson leaned over and whispered: вАЬDonвАЩt worry about it. It isnвАЩt final. WeвАЩll get a reversal as sure as anything.вАЭ Yet as each of the jurors was saying: вАЬYesвАЭвБ†вАФClyde was listening to them, not to Jephson. Why should each one say that with so much emphasis? Was there not one who felt that he might not have done as Mason had saidвБ†вАФstruck her intentionally? Was there not one who even half-believed in that change of heart which Belknap and Jephson had insisted that he had experienced? He looked at them allвБ†вАФlittle and big. They were like a blackish-brown group of wooden toys with creamish-brown or old ivory faces and hands. Then he thought of his mother. She would hear of this now, for here were all these newspaper writers and artists and photographers assembled to hear this. And what would the GriffithsвБ†вАФhis uncle and GilbertвБ†вАФthink now? And Sondra! Sondra! Not a word from her. And through all this he had been openly testifying, as Belknap and Jephson had agreed that he must doвБ†вАФto the compelling and directing power of his passion for herвБ†вАФthe real reason for all this! But not a word. And she would not send him any word now, of courseвБ†вАФshe who had been going to marry him and give him everything! + 

But in the meantime the crowd about him silent althoughвБ†вАФor perhaps becauseвБ†вАФintensely satisfied. The little devil hadnвАЩt вАЬgotten by.вАЭ He hadnвАЩt fooled the twelve sane men of this county with all that bunk about a change of heart. What rot! While Jephson sat and stared, and Belknap, his strong face written all over with contempt and defiance, making his motions. And Mason and Burleigh and Newcomb and Redmond thinly repressing their intense satisfaction behind masks preternaturally severe, the while Belknap continued with a request that the sentence be put off until the following FridayвБ†вАФa week hence, when he could more conveniently attend, but with Justice Oberwaltzer replying that he thought notвБ†вАФunless some good reason could be shown. But on the morrow, if counsel desired, he would listen to an argument. If it were satisfactory he would delay sentenceвБ†вАФotherwise, pronounce it the following Monday. + 

Yet, even so, Clyde was not concerned with this argument at the moment. He was thinking of his mother and what she would thinkвБ†вАФfeel. He had been writing her so regularly, insisting always that he was innocent and that she must not believe all, or even a part, of what she read in the newspapers. He was going to be acquitted sure. He was going to go on the stand and testify for himself. But nowвБ†вАКвБ†вА¶ nowвБ†вАКвБ†вА¶ oh, he needed her nowвБ†вАФso much. Quite everyone, as it seemed now, had forsaken him. He was terribly, terribly alone. And he must send her some word quickly. He must. He must. And then asking Jephson for a piece of paper and a pencil, he wrote: вАЬMrs.¬†Asa Griffiths, care of Star of Hope Mission, Denver, Colorado. Dear motherвБ†вАФI am convictedвБ†вАФClyde.вАЭ And then handing that to Jephson, he asked him, nervously and weakly, if he would see that it was sent right away. вАЬRight away, son, sure,вАЭ replied Jephson, touched by his looks, and waving to a press boy who was near gave it to him together with the money. + 

And then, while this was going on, all the public exits being locked until Clyde, accompanied by Sissel and Kraut, had been ushered through the familiar side entrance through which he had hoped to escape. And while all the press and the public and the still-remaining jury gazing, for even yet they had not seen enough of Clyde but must stare into his face to see how he was taking it. And because of the local feeling against him, Justice Oberwaltzer, at SlackвАЩs request, holding court un-adjourned until word was brought that Clyde was once more locked in his cell, whereupon the doors were reopened. And then the crowd surging out but only to wait at the courtroom door in order to glimpse, as he passed out, Mason, who now, of all the figures in this case, was the true heroвБ†вАФthe nemesis of ClydeвБ†вАФthe avenger of Roberta. That he not appearing at first but instead Jephson and Belknap together, and not so much depressed as solemn, defiantвБ†вАФJephson in particular, looking unconquerably contemptuous. Then someone calling: вАЬWell, you didnвАЩt get him off just the same,вАЭ and Jephson replying, with a shrug of his shoulders, вАЬNot yet, but this county isnвАЩt all of the law either.вАЭ Then Mason, immediately afterwardвБ†вАФa heavy, baggy overcoat thrown over his shoulder, his worn soft hat pulled low over his eyesвБ†вАФand followed by Burleigh, Heit, Newcomb and others as a royal trainвБ†вАФwhile he walked in the manner of one entirely oblivious of the meaning or compliment of this waiting throng. For was he not now a victor and an elected judge! And as instantly being set upon by a circling, huzzahing massвБ†вАФthe while a score of those nearest sought to seize him by the hand or place a grateful pat upon his arm or shoulder. вАЬHurrah for Orville!вАЭ вАЬGood for you, Judge!вАЭ (his new or fast-approaching title). вАЬBy God! Orville Mason, you deserve the thanks of this county!вАЭ вАЬHy-oh! Heigh! Heigh!вАЭ вАЬThree cheers for Orville Mason!вАЭ And with that the crowd bursting into three resounding huzzahsвБ†вАФwhich Clyde in his cell could clearly hear and at the same time sense the meaning of. + 

They were cheering Mason for convicting him. In that large crowd out there there was not one who did not believe him totally and completely guilty. RobertaвБ†вАФher lettersвБ†вАФher determination to make him marry herвБ†вАФher giant fear of exposureвБ†вАФhad dragged him down to this. To conviction. To death, maybe. Away from all he had longed forвБ†вАФaway from all he had dreamed he might possess. And Sondra! Sondra! Not a word! Not a word! And so now, fearing that Kraut or Sissel or someone might be watching (ready to report even now his every gesture), and not willing to show after all how totally collapsed and despondent he really was, he sat down and taking up a magazine pretended to read, the while he looked far, far beyond it to other scenesвБ†вАФhis motherвБ†вАФhis brother and sistersвБ†вАФthe GriffithsвБ†вАФall he had known. But finding these unsubstantiated mind visions a little too much, he finally got up and throwing off his clothes climbed into his iron cot. + 

вАЬConvicted! Convicted!вАЭ And that meant that he must die! God! But how blessed to be able to conceal his face upon a pillow and not let anyone seeвБ†вАФhowever accurately they might guess! + 