XV
Mr.¬†Reuben Jephson was decidedly different from Belknap, Catchuman, Mason, SmillieвБ†вАФin fact anyone, thus far, who had seen Clyde or become legally interested in this case. He was young, tall, thin, rugged, brown, cool but not cold spiritually, and with a will and a determination of the tensile strength of steel. And with a mental and legal equipment which for shrewdness and self-interest was not unlike that of a lynx or a ferret. Those shrewd, steel, very light blue eyes in his brown face. The force and curiosity of the long nose. The strength of the hands and the body. He had lost no time, as soon as he discovered there was a possibility of their (Belknap¬†& Jephson) taking over the defense of Clyde, in going over the minutes of the coronerвАЩs inquest as well as the doctorsвАЩ reports and the letters of Roberta and Sondra. And now being faced by Belknap who was explaining that Clyde did now actually admit to having plotted to kill Roberta, although not having actually done so, since at the fatal moment, some cataleptic state of mind or remorse had intervened and caused him to unintentionally strike herвБ†вАФhe merely stared without the shadow of a smile or comment of any kind.
вАЬBut he wasnвАЩt in such a state when he went out there with her, though?вАЭ
вАЬNo.вАЭ
вАЬNor when he swam away afterwards?вАЭ
вАЬNo.вАЭ
вАЬNor when he went through those woods, or changed to another suit and hat, or hid that tripod?вАЭ
вАЬNo.вАЭ
вАЬOf course you know, constructively, in the eyes of the law, if we use his own story, heвАЩs just as guilty as though he had struck her, and the judge would have to so instruct.вАЭ
вАЬYes, I know. IвАЩve thought of all that.вАЭ
вАЬWell, thenвБ†вАФвАЭ
вАЬWell, IвАЩll tell you, Jephson, itвАЩs a tough case and no mistake. It looks to me now as though Mason has all the cards. If we can get this chap off, we can get anybody off. But as I see it, IвАЩm not so sure that we want to mention that cataleptic business yetвБ†вАФat least not unless we want to enter a plea of insanity or emotional insanity, or something like thatвБ†вАФabout like that Harry Thaw case, for instance.вАЭ He paused and scratched his slightly graying temple dubiously.
вАЬYou think heвАЩs guilty, of course?вАЭ interpolated Jephson, dryly.
вАЬWell, now, as astonishing as it may seem to you, no. At least, IвАЩm not positive that I do. To tell you the truth, this is one of the most puzzling cases I have ever run up against. This fellow is by no means as hard as you think, or as coldвБ†вАФquite a simple, affectionate chap, in a way, as youвАЩll see for yourselfвБ†вАФhis manner, I mean. HeвАЩs only twenty-one or two. And for all his connections with these Griffiths, heвАЩs very poorвБ†вАФjust a clerk, really. And he tells me that his parents are poor, too. They run a mission of some kind out westвБ†вАФDenver, I believeвБ†вАФand before that in Kansas City. He hasnвАЩt been home in four years. In fact, he got into some crazy boy scrape out there in Kansas City when he was working for one of the hotels as a bellboy, and had to run away. ThatвАЩs something weвАЩve got to look out for in connection with MasonвБ†вАФwhether he knows about that or not. It seems he and a bunch of other bellhops took some rich fellowвАЩs car without his knowing it, and then because they were afraid of being late, they ran over and killed a little girl. WeвАЩve got to find out about that and prepare for it, for if Mason does know about it, heвАЩll spring it at the trial, and just when he thinks weвАЩre least expecting it.вАЭ
вАЬWell, he wonвАЩt pull that one,вАЭ replied Jephson, his hard, electric, blue eyes gleaming, вАЬnot if I have to go to Kansas City to find out.вАЭ
And Belknap went on to tell Jephson all that he knew about ClydeвАЩs life up to the present timeвБ†вАФhow he had worked at dishwashing, waiting on table, soda-clerking, driving a wagon, anything and everything, before he had arrived in LycurgusвБ†вАФhow he had always been fascinated by girlsвБ†вАФhow he had first met Roberta and later Sondra. Finally how he found himself trapped by one and desperately in love with the other, whom he could not have unless he got rid of the first one.
вАЬAnd notwithstanding all that, you feel a doubt as to whether he did kill her?вАЭ asked Jephson, at the conclusion of all this.
вАЬYes, as I say, IвАЩm not at all sure that he did. But I do know that he is still hipped over this second girl. His manner changed whenever he or I happened to mention her. Once, for instance, I asked him about his relations with herвБ†вАФand in spite of the fact that heвАЩs accused of seducing and killing this other girl, he looked at me as though I had said something I shouldnвАЩt haveвБ†вАФinsulted him or her.вАЭ And here Belknap smiled a wry smile, while Jephson, his long, bony legs propped against the walnut desk before him, merely stared at him.
вАЬYou donвАЩt say,вАЭ he finally observed.
вАЬAnd not only that,вАЭ went on Belknap, вАЬbut he said, вАШWhy, no, of course not. She wouldnвАЩt allow anything like that, and besides,вАЩ and then he stopped. вАШAnd besides what, Clyde,вАЩ I asked. вАШWell, you donвАЩt want to forget who she is.вАЩ вАШOh, I see,вАЩ I said. And then, will you believe it, he wanted to know if there wasnвАЩt some way by which her name and those letters she wrote him couldnвАЩt be kept out of the papers and this caseвБ†вАФher family prevented from knowing so that she and they wouldnвАЩt be hurt too much.вАЭ
вАЬNot really? But what about the other girl?вАЭ
вАЬThatвАЩs just the point IвАЩm trying to make. He could plot to kill one girl and maybe even did kill her, for all I know, after seducing her, but because he was being so sculled around by his grand ideas of this other girl, he didnвАЩt quite know what he was doing, really. DonвАЩt you see? You know how it is with some of these young fellows of his age, and especially when theyвАЩve never had anything much to do with girls or money, and want to be something grand.вАЭ
вАЬYou think that made him a little crazy, maybe?вАЭ put in Jephson.
вАЬWell, itвАЩs possibleвБ†вАФconfused, hypnotized, loonyвБ†вАФyou knowвБ†вАФa brain storm as they say down in New York. But he certainly is still cracked over that other girl. In fact, I think most of his crying in jail is over her. He was crying, you know, when I went in to see him, sobbing as if his heart would break.вАЭ
Meditatively Belknap scratched his right ear. вАЬBut just the same, there certainly is something to this other ideaвБ†вАФthat his mind was turned by all thisвБ†вАФthat Alden girl forcing him on the one hand to marry her while the other girl was offering to marry him. I know. I was once in such a scrape myself.вАЭ And here he paused to relate that to Jephson. вАЬBy the way,вАЭ he went on, вАЬhe says we can find that item about that other couple drowning in The Times-Union of about June 18th or 19th.вАЭ
вАЬAll right,вАЭ replied Jephson, вАЬIвАЩll get it.вАЭ
вАЬWhat I want you to do tomorrow,вАЭ continued Belknap, вАЬis to go over there with me and see what impression you get of him. IвАЩll be there to see if he tells it all to you in the same way. I want your own individual viewpoint of him.вАЭ
вАЬYou most certainly will get it,вАЭ snapped Jephson.
Belknap and Jephson proceeded the next day to visit Clyde in jail. And Jephson, after interviewing him and meditating once more on his strange story, was even then not quite able to make up his mind whether Clyde was as innocent of intending to strike Roberta as he said, or not. For if he were, how could he have swum away afterward, leaving her to drown? Decidedly it would be more difficult for a jury than for himself, even, to be convinced.
At the same time, there was that contention of BelknapвАЩs as to the possibility of ClydeвАЩs having been mentally upset or unbalanced at the time that he accepted The Times-Union plot and proceeded to act on it. That might be true, of course, yet personally, to Jephson at least, Clyde appeared to be wise and sane enough now. As Jephson saw him, he was harder and more cunning than Belknap was willing to believeвБ†вАФa cunning, modified of course, by certain soft and winning social graces for which one could hardly help liking him. However, Clyde was by no means as willing to confide in Jephson as he had been in BelknapвБ†вАФan attitude which did little to attract Jephson to him at first. At the same time, there was about Jephson a hard, integrated earnestness which soon convinced Clyde of his technical, if not his emotional interest. And after a while he began looking toward this younger man, even more than toward Belknap as the one who might do most for him.
вАЬOf course, you know that those letters which Miss Alden wrote you are very strong?вАЭ began Jephson, after hearing Clyde restate his story.
вАЬYes, sir.вАЭ
вАЬTheyвАЩre very sad to anyone who doesnвАЩt know all of the facts, and on that account they are likely to prejudice any jury against you, especially when theyвАЩre put alongside Miss FinchleyвАЩs letters.вАЭ
вАЬYes, I suppose they might,вАЭ replied Clyde, вАЬbut then, she wasnвАЩt always like that, either. It was only after she got in trouble and I wanted her to let me go that she wrote like that.вАЭ
вАЬI know. I know. And thatвАЩs a point we want to think about and maybe bring out, if we can. If only there were some way to keep those letters out,вАЭ he now turned to Belknap to say. Then, to Clyde, вАЬbut what I want to ask you now is thisвБ†вАФyou were close to her for something like a year, werenвАЩt you?вАЭ
вАЬYes.вАЭ
вАЬIn all of that time that you were with her, or before, was she ever friendly, or maybe intimate, with any other young man anywhereвБ†вАФthat is, that you know of?вАЭ
As Clyde could see, Jephson was not afraid, or perhaps not sufficiently sensitive, to refrain from presenting any thought or trick that seemed to him likely to provide a loophole for escape. But, far from being cheered by this suggestion, he was really shocked. What a shameful thing in connection with Roberta and her character it would be to attempt to introduce any such lie as this. He could not and would not hint at any such falsehood, and so he replied:
вАЬNo, sir. I never heard of her going with anyone else. In fact, I know she didnвАЩt.вАЭ
вАЬVery good! That settles that,вАЭ snapped Jephson. вАЬI judged from her letters that what you say is true. At the same time, we must know all the facts. It might make a very great difference if there were someone else.вАЭ
And at this point Clyde could not quite make sure whether he was attempting to impress upon him the value of this as an idea or not, but just the same he decided it was not right even to consider it. And yet he was thinking: If only this man could think of a real defense for me! He looks so shrewd.
вАЬWell, then,вАЭ went on Jephson, in the same hard, searching tone, devoid, as Clyde saw it, of sentiment or pity of any kind, вАЬhereвАЩs something else I want to ask you. In all the time that you knew her, either before you were intimate with her or afterwards, did she ever write you a mean or sarcastic or demanding or threatening letter of any kind?вАЭ
вАЬNo, sir, I canвАЩt say that she ever did,вАЭ replied Clyde, вАЬin fact, I know she didnвАЩt. No, sir. Except for those few last ones, maybeвБ†вАФthe very last one.вАЭ
вАЬAnd you never wrote her any, I suppose?вАЭ
вАЬNo, sir, I never wrote her any letters.вАЭ
вАЬWhy?вАЭ
вАЬWell, she was right there in the factory with me, you see. Besides at the last there, after she went home, I was afraid to.вАЭ
вАЬI see.вАЭ
At the same time, as Clyde now proceeded to point out, and that quite honestly, Roberta could be far from sweet-tempered at timesвБ†вАФcould in fact be quite determined and even stubborn. And she had paid no least attention to his plea that her forcing him to marry her now would ruin him socially as well as in every other way, and that even in the face of his willingness to work along and pay for her supportвБ†вАФan attitude which, as he now described it, was what had caused all the troubleвБ†вАФwhereas Miss Finchley (and here he introduced an element of reverence and enthusiasm which Jephson was quick to note) was willing to do everything for him.
вАЬSo you really loved that Miss Finchley very much then, did you?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd you couldnвАЩt care for Roberta any more after you met her?вАЭ
вАЬNo, no. I just couldnвАЩt.вАЭ
вАЬI see,вАЭ observed Jephson, solemnly nodding his head, and at the same time meditating on how futile and dangerous, even, it might be to let the jury know that. And then thinking that possibly it were best to follow the previous suggestion of BelknapвАЩs, based on the customary legal proceeding of the time, and claim insanity, or a brain storm, brought about by the terrifying position in which he imagined himself to be. But apart from that he now proceeded:
вАЬYou say something came over you when you were in the boat out there with her on that last dayвБ†вАФthat you really didnвАЩt know what you were doing at the time that you struck her?вАЭ
вАЬYes, sir, thatвАЩs the truth.вАЭ And here Clyde went on to explain once more just what his state was at that time.
вАЬAll right, all right, I believe you,вАЭ replied Jephson, seemingly believing what Clyde said but not actually able to conceive it at that. вАЬBut you know, of course, that no jury, in the face of all these other circumstances, is going to believe that,вАЭ he now announced. вАЬThere are too many things thatвАЩll have to be explained and that we canвАЩt very well explain as things now stand. I donвАЩt know about that idea.вАЭ He now turned and was addressing Belknap. вАЬThose two hats, that bagвБ†вАФunless weвАЩre going to plead insanity or something like that. IвАЩm not so sure about all this. Was there ever any insanity in your family that you know of?вАЭ he now added, turning to Clyde once more.
вАЬNo, sir, not that I know of.вАЭ
вАЬNo uncle or cousin or grandfather who had fits or strange ideas or anything like that?вАЭ
вАЬNot that I ever heard of, no, sir.вАЭ
вАЬAnd your rich relatives down there in LycurgusвБ†вАФI suppose theyвАЩd not like it very much if I were to step up and try to prove anything like that?вАЭ
вАЬIвАЩm afraid they wouldnвАЩt, no, sir,вАЭ replied Clyde, thinking of Gilbert.
вАЬWell, let me see,вАЭ went on Jephson after a time. вАЬThat makes it rather hard. I donвАЩt see, though, that anything else would be as safe.вАЭ And here he turned once more to Belknap and began to inquire as to what he thought of suicide as a theory, since RobertaвАЩs letters themselves showed a melancholy trend which might easily have led to thoughts of suicide. And could they not say that once out on the lake with Clyde and pleading with him to marry her, and he refusing to do so, she had jumped overboard. And he was too astounded and mentally upset to try to save her.
вАЬBut what about his own story that the wind had blown his hat off, and in trying to save that he upset the boat?вАЭ interjected Belknap, and exactly as though Clyde were not present.
вАЬWell, thatвАЩs true enough, too, but couldnвАЩt we say that perhaps, since he was morally responsible for her condition, which in turn had caused her to take her life, he did not want to confess to the truth of her suicide?вАЭ
At this Clyde winced, but neither now troubled to notice him. They talked as though he was not present or could have no opinion in the matter, a procedure which astonished but by no means moved him to object, since he was feeling so helpless.
вАЬBut the false registrations! The two hatsвБ†вАФthe suitвБ†вАФhis bag!вАЭ insisted Belknap staccatically, a tone which showed Clyde how serious Belknap considered his predicament to be.
вАЬWell, whatever theory we advance, those things will have to be accounted for in some way,вАЭ replied Jephson, dubiously. вАЬWe canвАЩt admit the true story of his plotting without an insanity plea, not as I see itвБ†вАФat any rate. And unless we use that, weвАЩve got that evidence to deal with whatever we do.вАЭ He threw up his hands wearily and as if to say: I swear I donвАЩt know what to do about this.
вАЬBut,вАЭ persisted Belknap, вАЬin the face of all that, and his refusal to marry her, after his promises referred to in her lettersвБ†вАФwhy, it would only react against him, so that public opinion would be more prejudiced against him than ever. No, that wonвАЩt do,вАЭ he concluded. вАЬWeвАЩll have to think of something which will create some sort of sympathy for him.вАЭ
And then once more turning to Clyde as though there had been no such discussion. And looking at him as much as to say: вАЬYou are a problem indeed.вАЭ And then Jephson, observing: вАЬAnd, oh, yes, that suit you dropped in that lake up there near the CranstonsвАЩвБ†вАФdescribe the spot to me as near as you can where you threw itвБ†вАФhow far from the house was it?вАЭ He waited until Clyde haltingly attempted to recapture the various details of the hour and the scene as he could recall it.
вАЬIf I could go up there, I could find it quick enough.вАЭ
вАЬYes, I know, but they wonвАЩt let you go up there without Mason being along,вАЭ he returned. вАЬAnd maybe not even then. YouвАЩre in prison now, and you canвАЩt be taken out without the stateвАЩs consent, you see. But we must get that suit.вАЭ Then turning to Belknap and lowering his voice, he added: вАЬWe want to get it and have it cleaned and submit it as having been sent away to be cleaned by himвБ†вАФnot hidden, you see.вАЭ
вАЬYes, thatвАЩs so,вАЭ commented Belknap idly while Clyde stood listening curiously and a little amazed by this frank program of trickery and deception on his behalf.
вАЬAnd now in regard to that camera that fell in the lakeвБ†вАФwe have to try and find that, too. I think maybe Mason may know about it or suspect that itвАЩs there. At any rate itвАЩs very important that we should find it before he does. You think that about where that pole was that day you were up there is where the boat was when it overturned?вАЭ
вАЬYes, sir.вАЭ
вАЬWell, we must see if we can get that,вАЭ he continued, turning to Belknap. вАЬWe donвАЩt want that turning up in the trial, if we can help it. For without that, theyвАЩll have to be swearing that he struck her with that tripod or something that he didnвАЩt, and thatвАЩs where we may trip вАЩem up.вАЭ
вАЬYes, thatвАЩs true, too,вАЭ replied Belknap.
вАЬAnd now in regard to the bag that Mason has. ThatвАЩs another thing I havenвАЩt seen yet, but I will see it tomorrow. Did you put that suit, as wet as it was, in the bag when you came out of the water?вАЭ
вАЬNo, sir, I wrung it out first. And then I dried it as much as I could. And then I wrapped it up in the paper that we had the lunch in and then put some dry pine needles underneath it in the bag and on top of it.вАЭ
вАЬSo there werenвАЩt any wet marks in the bag after you took it out, as far as you know?вАЭ
вАЬNo, sir, I donвАЩt think so.вАЭ
вАЬBut youвАЩre not sure?вАЭ
вАЬNot exactly sure now that you ask meвБ†вАФno, sir.вАЭ
вАЬWell, IвАЩll see for myself tomorrow. And now as to those marks on her face, you have never admitted to anyone around here or anywhere that you struck her in any way?вАЭ
вАЬNo, sir.вАЭ
вАЬAnd the mark on the top of her head was made by the boat, just as you said?вАЭ
вАЬYes, sir.вАЭ
вАЬBut the others you think you might have made with the camera?вАЭ
вАЬYes, sir. I suppose they were.вАЭ
вАЬWell, then, this is the way it looks to me,вАЭ said Jephson, again turning to Belknap. вАЬI think we can safely say when the time comes that those marks were never made by him at all, see?вБ†вАФbut by the hooks and the poles with which they were scraping around up there when they were trying to find her. We can try it, anyhow. And if the hooks and poles didnвАЩt do it,вАЭ he added, a little grimly and dryly, вАЬcertainly hauling her body from that lake to that railroad station and from there to here on the train might have.вАЭ
вАЬYes, I think Mason would have a hard time proving that they werenвАЩt made that way,вАЭ replied Belknap.
вАЬAnd as for that tripod, well, weвАЩd better exhume the body and make our own measurements, and measure the thickness of the edge of that boat, so that it may not be so easy for Mason to make any use of the tripod now that he has it, after all.вАЭ
Mr.¬†JephsonвАЩs eyes were very small and very clear and very blue, as he said this. His head, as well as his body, had a thin, ferrety look. And it seemed to Clyde, who had been observing and listening to all this with awe, that this younger man might be the one to aid him. He was so shrewd and practical, so very direct and chill and indifferent and yet confidence-inspiring, quite like an uncontrollable machine of a kind which generates power.
And when at last these two were ready to go, he was sorry. For with them near him, planning and plotting in regard to himself, he felt so much safer, stronger, more hopeful, more certain of being free, maybe, at some future date.