Book
III
I
Cataraqui County extending from the northernmost line of the village known as Three Mile Bay on the south to the Canadian border, on the north a distance of fifty miles. And from Senaschet and Indian Lakes on the east to the Rock and Scarf Rivers on the westвБ†вАФa width of thirty miles. Its greater portion covered by uninhabited forests and lakes, yet dotted here and there with such villages and hamlets as Koontz, Grass Lake, North Wallace, Brown Lake, with Bridgeburg, the county seat, numbering no less than two thousand souls of the fifteen thousand in the entire county. And the central square of the town occupied by the old and yet not ungraceful county courthouse, a cupola with a clock and some pigeons surmounting it, the four principal business streets of the small town facing it.
In the office of the County Coroner in the northeast corner of the building on Friday, July ninth, one Fred Heit, coroner, a large and broad-shouldered individual with a set of gray-brown whiskers such as might have graced a Mormon elder. His face was large and his hands and his feet also. And his girth was proportionate.
At the time that this presentation begins, about two-thirty in the afternoon, he was lethargically turning the leaves of a mail-order catalogue for which his wife had asked him to write. And while deciphering from its pages the price of shoes, jackets, hats, and caps for his five omnivorous children, a greatcoat for himself of soothing proportions, high collar, broad belt, large, impressive buttons chancing to take his eye, he had paused to consider regretfully that the family budget of three thousand dollars a year would never permit of so great luxury this coming winter, particularly since his wife, Ella, had had her mind upon a fur coat for at least three winters past.
However his thoughts might have eventuated on this occasion, they were interrupted by the whirr of a telephone bell.
вАЬYes, this is Mr.¬†Heit speakingвБ†вАФWallace Upham of Big Bittern. Why, yes, go on, WallaceвБ†вАФyoung couple drownedвБ†вАФall right, just wait a minuteвБ†вАФвАЭ
He turned to the politically active youth who drew a salary from the county under the listing of вАЬsecretary to the coronerвАЭвБ†вАФвАЬGet these points, Earl.вАЭ Then into the telephone: вАЬAll right, Wallace, now give me all the factsвБ†вАФeverythingвБ†вАФyes. The body of the wife found but not that of the husbandвБ†вАФyesвБ†вАФa boat upset on the south shoreвБ†вАФyesвБ†вАФstraw hat without any liningвБ†вАФyesвБ†вАФsome marks about her mouth and eyeвБ†вАФher coat and hat at the innвБ†вАФyesвБ†вАФa letter in one of the pockets of the coatвБ†вАФaddressed to who?вБ†вАФMrs.¬†Titus Alden, Biltz, Mimico CountyвБ†вАФyesвБ†вАФstill dragging for the manвАЩs body, are they?вБ†вАФyesвБ†вАФno trace of him yetвБ†вАФI see. All right, WallaceвБ†вАФWellвБ†вАФIвАЩll tell you, Wallace, have them leave the coat and hat just where they are. Let me seeвБ†вАФitвАЩs two-thirty now. IвАЩll be up on the four oвАЩclock. The bus from the inn there meets that, doesnвАЩt it? Well, IвАЩll be over on that, sureвБ†вАФAnd, Wallace, I wish youвАЩd write down the names of all present who saw the body brought up. What was that?вБ†вАФeighteen feet of water at least?вБ†вАФyesвБ†вАФa veil caught in one of the rowlocksвБ†вАФyesвБ†вАФa brown veilвБ†вАФyesвБ†вАФsure, thatвАЩs allвБ†вАФWell, then have them leave everything just as found, Wallace, and IвАЩll be right up. Yes, Wallace, thank youвБ†вАФGoodbye.вАЭ
Slowly Mr. Heit restored the receiver to the hook and as slowly arose from the capacious walnut-hued chair in which he sat, stroking his heavy whiskers, while he eyed Earl Newcomb, combination typist, record clerk, and whatnot.
вАЬYou got all that down, did you, Earl?вАЭ
вАЬYes, sir.вАЭ
вАЬWell, you better get your hat and coat and come along with me. WeвАЩll have to catch that 3:10. You can fill in a few subpoenas on the train. I should say you better take fifteen or twentyвБ†вАФto be on the safe side, and take the names of such witnesses as we can find on the spot. And you better call up Mrs.¬†Heit and say вАЩtaint likely IвАЩll be home for dinner tonight or much before the down train. We may have to stay up there until tomorrow. You never can tell in these cases how theyвАЩre going to turn out and itвАЩs best to be on the safe side.вАЭ
Heit turned to a coatroom in one corner of the musty old room and extracted a large, soft-brimmed, straw hat, the downward curving edges of which seemed to heighten the really bland and yet ogreish effect of his protruding eyes and voluminous whiskers, and having thus equipped himself, said: вАЬIвАЩm just going in the sheriffвАЩs office a minute, Earl. YouвАЩd better call up the Republican and the Democrat and tell вАЩem about this, so they wonвАЩt think weвАЩre slightinвАЩ вАЩem. Then IвАЩll meet you down at the station.вАЭ And he lumbered out.
And Earl Newcomb, a tall, slender, shock-headed young man of perhaps nineteen, and of a very serious, if at times befuddled, manner, at once seized a sheaf of subpoenas, and while stuffing these in his pocket, sought to get Mrs.¬†Heit on the telephone. And then, after explaining to the newspapers about a reported double drowning at Big Bittern, he seized his own blue-banded straw hat, some two sizes too large for him, and hurried down the hall, only to encounter, opposite the wide-open office door of the district attorney, Zillah Saunders, spinster and solitary stenographer to the locally somewhat famous and mercurial Orville W. Mason, district attorney. She was on her way to the auditorвАЩs office, but being struck by the preoccupation and haste of Mr.¬†Newcomb, usually so much more deliberate, she now called: вАЬHello, Earl. WhatвАЩs the rush? Where you going so fast?вАЭ
вАЬDouble drowning up at Big Bittern, we hear. Maybe something worse. Mr.¬†HeitвАЩs going up and IвАЩm going along. We have to make that 3:10.вАЭ
вАЬWho said so? Is it anyone from here?вАЭ
вАЬDonвАЩt know yet, but donвАЩt think so. There was a letter in the girlвАЩs pocket addressed to someone in Biltz, Mimico County, a Mrs.¬†Alden. IвАЩll tell you when we get back or IвАЩll telephone you.вАЭ
вАЬMy goodness, if itвАЩs a crime, Mr.¬†MasonвАЩll be interested, wonвАЩt he?вАЭ
вАЬSure, IвАЩll telephone him, or Mr.¬†Heit will. If you see Bud Parker or Karel Badnell, tell вАЩem I had to go out of town, and call up my mother for me, will you, Zillah, and tell her, too. IвАЩm afraid I wonвАЩt have time.вАЭ
вАЬSure I will, Earl.вАЭ
вАЬThanks.вАЭ
And, highly interested by this latest development in the ordinary humdrum life of his chief, he skipped gayly and even eagerly down the south steps of the Cataraqui County Courthouse, while Miss Saunders, knowing that her own chief was off on some business connected with the approaching County Republican Convention, and there being no one else in his office with whom she could communicate at this time, went on to the auditorвАЩs office, where it was possible to retail to any who might be assembled there, all that she had gathered concerning this seemingly important lake tragedy.
II
The information obtained by Coroner Heit and his assistant was of a singular and disturbing character. In the first instance, because of the disappearance of a boat and an apparently happy and attractive couple bent on sightseeing, an early morning search, instigated by the innkeeper of this region, had revealed, in Moon Cove, the presence of the overturned canoe, also the hat and veil. And immediately such available employees, as well as guides and guests of the Inn, as could be impressed, had begun diving into the waters or by means of long poles equipped with hooks attempting to bring one or both bodies to the surface. The fact, as reported by Sim Shoop, the guide, as well as the innkeeper and the boathouse lessee, that the lost girl was both young and attractive and her companion seemingly a youth of some means, was sufficient to whet the interest of this lake group of woodsmen and inn employees to a point which verged on sorrow. And in addition, there was intense curiosity as to how, on so fair and windless a day, so strange an accident could have occurred.
But what created far more excitement after a very little time was the fact that at high noon one of the men who trolledвБ†вАФJohn PoleвБ†вАФa woodsman, was at last successful in bringing to the surface Roberta herself, drawn upward by the skirt of her dress, obviously bruised about the faceвБ†вАФthe lips and nose and above and below the right eyeвБ†вАФa fact which to those who were assisting at once seemed to be suspicious. Indeed, John Pole, who with Joe Rainer at the oars was the one who had succeeded in bringing her to the surface, had exclaimed at once on seeing her: вАЬWhy, the pore little thing! She donвАЩt seem to weigh moreвАЩn nothinвАЩ at all. ItвАЩs a wonder tuh me she coulda sunk.вАЭ And then reaching over and gathering her in his strong arms, he drew her in, dripping and lifeless, while his companions signaled to the other searchers, who came swiftly. And putting back from her face the long, brown, thick hair which the action of the water had swirled concealingly across it, he had added: вАЬI do declare, Joe! Looka here. It does look like the child mighta been hit by somethinвАЩ! Looka here, Joe!вАЭ And soon the group of woodsmen and inn guests in their boats alongside were looking at the brownish-blue marks on RobertaвАЩs face.
And forthwith, even while the body of Roberta was being taken north to the boathouse, and the dragging for the body of the lost man was resumed, suspicions were being voiced in such phrases as: вАЬWell, it looks kinda queerвБ†вАФthem marksвБ†вАФanвАЩ allвБ†вАФdonвАЩt it? ItвАЩs curious a boat like that coulda upset on a day like yesterday.вАЭ вАЬWeвАЩll soon know if heвАЩs down there or not!вАЭ; the feeling, following failure after hours of fruitless search for him, definitely coalescing at last into the conclusion that more than likely he was not down there at allвБ†вАФa hard and stirring thought to all.
Subsequent to this, the guide who had brought Clyde and Roberta from Gun Lodge conferring with the innkeepers at Big Bittern and Grass Lake, it was factually determined: (1) that the drowned girl had left her bag at Gun Lodge whereas Clifford Golden had taken his with him; (2) that there was a disturbing discrepancy between the registration at Grass Lake and that at Big Bittern, the names Carl Graham and Clifford Golden being carefully discussed by the two innkeepers and the identity of the bearer as to looks established; and (3) that the said Clifford Golden or Carl Graham had asked of the guide who had driven him over to Big Bittern whether there were many people on the lake that day. And thereafter the suspicions thus far engendered further coalescing into the certainty that there had been foul play. There was scarcely any doubt of it.
Immediately upon his arrival Coroner Heit was made to understand that these men of the north woods were deeply moved and in addition determined in their suspicions. They did not believe that the body of Clifford Golden or Carl Graham had ever sunk to the bottom of the lake. With the result that Heit on viewing the body of the unknown girl laid carefully on a cot in the boathouse, and finding her young and attractive, was strangely affected, not only by her looks but this circumambient atmosphere of suspicion. Worse yet, on retiring to the office of the manager of the inn, and being handed the letter found in the pocket of RobertaвАЩs coat, he was definitely swayed in the direction of a somber and unshakable suspicion. For he read:
WeвАЩre up here and weвАЩre going to be married, but this is for your eyes alone. Please donвАЩt show it to papa or anyone, for it mustnвАЩt become known yet. I told you why at Christmas. And youвАЩre not to worry or ask any questions or tell anyone except just that youвАЩve heard from me and know where I amвБ†вАФnot anybody. And you mustnвАЩt think I wonвАЩt be getting along all right because I will be. HereвАЩs a big hug and kiss for each cheek, mamma. Be sure and make father understand that itвАЩs all right without telling him anything, or Emily or Tom or Gifford, either, do you hear? IвАЩm sending you nice, big kisses.
And in the upper right-hand corner of the paper, as well as on the envelope, were printed the words: вАЬGrass Lake Inn, Grass Lake, NY, Jack Evans, Prop.вАЭ And the letter had evidently been written the morning after the night they had spent at Grass Lake as Mr.¬†and Mrs.¬†Carl Graham.
The waywardness of young girls!
For plainly, as this letter indicated, these two had stayed together as man and wife at that inn when they were not as yet married. He winced as he read, for he had daughters of his own of whom he was exceedingly fond. But at this point he had a thought. A quadrennial county election was impending, the voting to take place the following November, at which were to be chosen for three years more the entire roster of county offices, his own included, and in addition this year a county judge whose term was for six years. In August, some six weeks further on, were to be held the county Republican and Democratic conventions at which were to be chosen the regular party nominees for these respective offices. Yet for no one of these places, thus far, other than that of the county judgeship, could the present incumbent of the office of district attorney possibly look forward with any hope, since already he had held the position of district attorney for two consecutive terms, a length of office due to the fact that not only was he a good orator of the inland political stripe but also, as the chief legal official of the county, he was in a position to do one and another of his friends a favor. But now, unless he were so fortunate as to be nominated and subsequently elected to this county judgeship, defeat and political doldrums loomed ahead. For during all his term of office thus far, there had been no really important case in connection with which he had been able to distinguish himself and so rightfully and hopefully demand further recognition from the people. But thisвБ†вАКвБ†вА¶
But now, as the Coroner shrewdly foresaw, might not this case prove the very thing to fix the attention and favor of the people upon one manвБ†вАФthe incumbent district attorneyвБ†вАФa close and helpful friend of his, thus farвБ†вАФand so sufficiently redound to his credit and strength, and through him to the party ticket itself, so that at the coming election all might be electedвБ†вАФthe reigning district attorney thus winning for himself not only the nomination for but his election to the six-year term judgeship. Stranger things than this had happened in the political world.
Immediately he decided not to answer any questions in regard to this letter, since it promised a quick solution of the mystery of the perpetrator of the crime, if there had been one, plus exceptional credit in the present political situation to whosoever should appear to be instrumental in the same. At the same time he at once ordered Earl Newcomb, as well as the guide who had brought Roberta and Clyde to Big Bittern, to return to Gun Lodge station from where the couple had come and say that under no circumstances was the bag held there to be surrendered to anyone save himself or a representative of the district attorney. Then, when he was about to telephone to Biltz to ascertain whether there was such a family as Alden possessing a daughter by the name of Bert, or possibly Alberta, he was most providentially, as it seemed to him, interrupted by two men and a boy, trappers and hunters of this region, who, accompanied by a crowd of those now familiar with the tragedy, were almost tumultuously ushered into his presence. For they had newsвБ†вАФnews of the utmost importance! As they now related, with many interruptions and corrections, at about five oвАЩclock of the afternoon of the day on which Roberta was drowned, they were setting out from Three Mile Bay, some twelve miles south of Big Bittern, to hunt and fish in and near this lake. And, as they now unanimously testified, on the night in question, at about nine oвАЩclock, as they were nearing the south shore of Big BitternвБ†вАФperhaps three miles to the south of itвБ†вАФthey had encountered a young man, whom they took to be some stranger making his way from the inn at Big Bittern south to the village at Three Mile Bay. He was a smartishly and decidedly well dressed youth for these parts, as they now saidвБ†вАФwearing a straw hat and carrying a bag, and at the time they wondered why such a trip on foot and at such an hour since there was a train south early next morning which reached Three Mile Bay in an hourвАЩs time. And why, too, should he have been so startled at meeting them? For as they described it, on his encountering them in the woods thus, he had jumped back as though startled and worseвБ†вАФterrifiedвБ†вАФas though about to run. To be sure, the lantern one of them was carrying was turned exceedingly low, the moon being still bright, and they had walked quietly, as became men who were listening for wild life of any kind. At the same time, surely this was a perfectly safe part of the country, traversed for the most part by honest citizens such as themselves, and there was no need for a young man to jump as though he were seeking to hide in the brush. However, when the youth, Bud Brunig, who carried the light, turned it up the stranger seemed to recover his poise and after a moment in response to their вАЬHowdyвАЭ had replied: вАЬHow do you do? How far is it to Three Mile Bay?вАЭ and they had replied, вАЬAbout seven mile.вАЭ And then he had gone on and they also, discussing the encounter.
And now, since the description of this youth tallied almost exactly with that given by the guide who had driven Clyde over from Gun Lodge, as well as that furnished by the innkeepers at Big Bittern and Grass Lake, it seemed all too plain that he must be the same youth who had been in that boat with the mysterious dead girl.
At once Earl Newcomb suggested to his chief that he be permitted to telephone to the one innkeeper at Three Mile Bay to see if by any chance this mysterious stranger had been seen or had registered there. He had not. Nor apparently at that time had he been seen by any other than the three men. In fact, he had vanished as though into air, although by nightfall of this same day it was established that on the morning following the chance meeting of the men with the stranger, a youth of somewhat the same description and carrying a bag, but wearing a capвБ†вАФnot a straw hatвБ†вАФhad taken passage for Sharon on the small lake steamer Cygnus plying between that place and Three Mile Bay. But again, beyond that point, the trail appeared to be lost. No one at Sharon, at least up to this time, seemed to recall either the arrival or departure of any such person. Even the captain himself, as he later testified, had not particularly noted his debarkationвБ†вАФthere were some fourteen others going down the lake that day and he could not be sure of any one person.
But in so far as the group at Big Bittern was concerned, the conclusion slowly but definitely impressed itself upon all those present that whoever this individual was, he was an unmitigated villainвБ†вАФa reptilian villain! And forthwith there was doubled and trebled in the minds of all a most urgent desire that he be overtaken and captured. The scoundrel! The murderer! And at once there was broadcast throughout this region by word of mouth, telephone, telegraph, to such papers as The Argus and Times-Union of Albany, and The Star of Lycurgus, the news of this pathetic tragedy with the added hint that it might conceal a crime of the gravest character.
III
Coroner Heit, his official duties completed for the time being, found himself pondering, as he traveled south on the lake train, how he was to proceed farther. What was the next step he should take in this pathetic affair? For the coroner, as he had looked at Roberta before he left was really deeply moved. She seemed so young and innocent-looking and pretty. The little blue serge dress lying heavily and clinging tightly to her, her very small hands folded across her breast, her warm, brown hair still damp from its twenty-four hours in the water, yet somehow suggesting some of the vivacity and passion that had invested her in lifeвБ†вАФall seemed to indicate a sweetness which had nothing to do with crime.
But deplorable as it might be, and undoubtedly was, there was another aspect of the case that more vitally concerned himself. Should he go to Biltz and convey to the Mrs.¬†Alden of the letter the dreadful intelligence of her daughterвАЩs death, at the same time inquiring about the character and whereabouts of the man who had been with her, or should he proceed first to District Attorney MasonвАЩs office in Bridgeburg and having imparted to him all of the details of the case, allow that gentleman to assume the painful responsibility of devastating a probably utterly respectable home? For there was the political situation to be considered. And while he himself might act and so take personal credit, still there was this general party situation to be thought of. A strong man should undoubtedly head and so strengthen the party ticket this fall and here was the golden opportunity. The latter course seemed wiser. It would provide his friend, the district attorney, with his great chance. Arriving in Bridgeburg in this mood, he ponderously invaded the office of Orville W. Mason, the district attorney, who immediately sat up, all attention, sensing something of import in the coronerвАЩs manner.
Mason was a short, broad-chested, broad-backed and vigorous individual physically, but in his late youth had been so unfortunate as to have an otherwise pleasant and even arresting face marred by a broken nose, which gave to him a most unprepossessing, almost sinister, look. Yet he was far from sinister. Rather, romantic and emotional. His boyhood had been one of poverty and neglect, causing him in his later and somewhat more successful years to look on those with whom life had dealt more kindly as too favorably treated. The son of a poor farmerвАЩs widow, he had seen his mother put to such straits to make ends meet that by the time he reached the age of twelve he had surrendered nearly all of the pleasures of youth in order to assist her. And then, at fourteen, while skating, he had fallen and broken his nose in such a way as to forever disfigure his face. Thereafter, feeling himself handicapped in the youthful sorting contests which gave to other boys the female companions he most craved, he had grown exceedingly sensitive to the fact of his facial handicap. And this had eventually resulted in what the Freudians are accustomed to describe as a psychic sex scar.
At the age of seventeen, however, he had succeeded in interesting the publisher and editor of the Bridgeburg Republican to the extent that he was eventually installed as official local news-gatherer of the town. Later he came to be the Cataraqui County correspondent of such papers as the Albany Times-Union and the Utica Star, ending eventually at the age of nineteen with the privilege of studying law in the office of one ex-Judge Davis Richofer, of Bridgeburg. And a few years later, after having been admitted to the bar, he had been taken up by several county politicians and merchants who saw to it that he was sent to the lower house of the state legislature for some six consecutive years, where, by reason of a modest and at the same time shrewd and ambitious willingness to do as he was instructed, he attained favor with those at the capital while at the same time retaining the good will of his hometown sponsors. Later, returning to Bridgeburg and possessing some gifts of oratory, he was given, first, the position of assistant district attorney for four years, and following that elected auditor, and subsequently district attorney for two terms of four years each. Having acquired so high a position locally, he was able to marry the daughter of a local druggist of some means, and two children had been born to them.
In regard to this particular case he had already heard from Miss Saunders all she knew of the drowning, and, like the coroner, had been immediately impressed with the fact that the probable publicity attendant on such a case as this appeared to be might be just what he needed to revive a wavering political prestige and might perhaps solve the problem of his future. At any rate he was most intensely interested. So that now, upon sight of Heit, he showed plainly the keen interest he felt in the case.
вАЬWell, Colonel Heit?вАЭ
вАЬWell, Orville, IвАЩm just back from Big Bittern. It looks to me as though IвАЩve got a case for you now thatвАЩs going to take quite a little of your time.вАЭ
HeitвАЩs large eyes bulged and conveyed hints of much more than was implied by his noncommittal opening remark.
вАЬYou mean that drowning up there?вАЭ returned the district attorney.
вАЬYes, sir. Just that,вАЭ replied the coroner.
вАЬYouвАЩve some reason for thinking thereвАЩs something wrong up there?вАЭ
вАЬWell, the truth is, Orville, I think thereвАЩs hardly a doubt that this is a case of murder.вАЭ HeitвАЩs heavy eyes glowed somberly. вАЬOf course, itвАЩs best to be on the safe side, and IвАЩm only telling you this in confidence, because even yet IвАЩm not absolutely positive that that young manвАЩs body may not be in the lake. But it looks mighty suspicious to me, Orville. ThereвАЩs been at least fifteen men up there in rowboats all day yesterday and today, dragging the south part of that lake. I had a number of the boys take soundings here and there, and the water ainвАЩt more than twenty-five feet deep at any point. But so far they havenвАЩt found any trace of him. They brought her up about one oвАЩclock yesterday, after theyвАЩd been only dragging a few hours, and a mighty pretty girl she is too, OrvilleвБ†вАФquite youngвБ†вАФnot more than eighteen or twenty, I should say. But there are some very suspicious circumstances about it all that make me think that he ainвАЩt in there. In fact, I never saw a case that I thought looked more like a devilish crime than this.вАЭ
As he said this, he began to search in the right-hand pocket of his well-worn and baggy linen suit and finally extracted RobertaвАЩs letter, which he handed his friend, drawing up a chair and seating himself while the district attorney proceeded to read.
вАЬWell, this does look rather suspicious, donвАЩt it?вАЭ he announced, as he finished. вАЬYou say they havenвАЩt found him yet. Well, have you communicated with this woman to see what she knows about it?вАЭ
вАЬNo, Orville, I havenвАЩt,вАЭ replied Heit, slowly and meditatively. вАЬAnd IвАЩll tell you why. The fact is, I decided up there last night that this was something I had better talk over with you before I did anything at all. You know what the political situation here is just now. And how the proper handling of a case like this is likely to affect public opinion this fall. And while I certainly donвАЩt think we ought to mix politics in with crime there certainly is no reason why we shouldnвАЩt handle this in such a way as to make it count in our favor. And so I thought I had better come and see you first. Of course, if you want me to, Orville, IвАЩll go over there. Only I was thinking that perhaps it would be better for you to go, and find out just who this fellow is and all about him. You know what a case like this might mean from a political point of view, if only we clean it up, and I know youвАЩre the one to do it, Orville.вАЭ
вАЬThanks, Fred, thanks,вАЭ replied Mason, solemnly, tapping his desk with the letter and squinting at his friend. вАЬIвАЩm grateful to you for your opinion and youвАЩve outlined the very best way to go about it, I think. YouвАЩre sure no one outside yourself has seen this letter?вАЭ
вАЬOnly the envelope. And no one but Mr.¬†Hubbard, the proprietor of the inn up there, has seen that, and he told me that he found it in her pocket and took charge of it for fear it might disappear or be opened before I got there. He said he had a feeling there might be something wrong the moment he heard of the drowning. The young man had acted so nervousвБ†вАФstrange-like, he said.вАЭ
вАЬVery good, Fred. Then donвАЩt say anything more about it to anyone for the present, will you? IвАЩll go right over there, of course. But what else did you find, anything?вАЭ Mr.¬†Mason was quite alive now, interrogative, dynamic, and a bit dictatorial in his manner, even to his old friend.
вАЬPlenty, plenty,вАЭ replied the coroner, most sagely and solemnly. вАЬThere were some suspicious cuts or marks under the girlвАЩs right eye and above the left temple, Orville, and across the lip and nose, as though the poor little thing mighta been hit by somethingвБ†вАФa stone or a stick or one of those oars that they found floating up there. SheвАЩs just a child yet, Orville, in looks and size, anyhowвБ†вАФa very pretty girlвБ†вАФbut not as good as she might have been, as IвАЩll show you presently.вАЭ At this point the coroner paused to extract a large handkerchief and blow into it a very loud blast, brushing his beard afterward in a most orderly way. вАЬI didnвАЩt have time to get a doctor up there and besides IвАЩm going to hold the inquest down here, Monday, if I can. IвАЩve ordered the Lutz boys to go up there today and bring her body down. But the most suspicious of all the evidence that has come to light so far, Orville, is the testimony of two men and a boy who live up at Three Mile Bay and who were walking up to Big Bittern on Thursday night to hunt and fish. I had Earl take down their names and subpoena вАЩem for the inquest next Monday.вАЭ
And the coroner proceeded to detail their testimony about their accidental meeting of Clyde.
вАЬWell, well!вАЭ interjected the district attorney, thoroughly interested.
вАЬThen, another thing, Orville,вАЭ continued the coroner, вАЬI had Earl telephone the Three Mile Bay people, the owner of the hotel there as well as the postmaster and the town marshal, but the only person who appears to have seen the young man is the captain of that little steamboat that runs from Three Mile Bay to Sharon. You know the man, I guess, Captain Mooney. I left word with Earl to subpoena him too. According to him, about eight-thirty, Friday morning, or just before his boat started for Sharon on its first trip, this same young man, or someone very much like the description furnished, carrying a suitcase and wearing a capвБ†вАФhe had on a straw hat when those three men met himвБ†вАФcame on board and paid his way to Sharon and got off there. Good-looking young chap, the captain says. Very spry and well-dressed, more like a young society man than anything else, and very standoffish.вАЭ
вАЬYes, yes,вАЭ commented Mason.
вАЬI also had Earl telephone the people at SharonвБ†вАФwhoever he could reachвБ†вАФto see if he had been seen there getting off, but up to the time I left last night no one seemed to remember him. But I left word for Earl to telegraph a description of him to all the resort hotels and stations hereabouts so that if heвАЩs anywhere around, theyвАЩll be on the lookout for him. I thought youвАЩd want me to do that. But I think youвАЩd better give me a writ for that bag at Gun Lodge station. That may contain something we ought to know. IвАЩll go up and get it myself. Then I want to go to Grass Lake and Three Mile Bay and Sharon yet today, if I can, and see what else I can find. But IвАЩm afraid, Orville, itвАЩs a plain case of murder. The way he took that young girl to that hotel up there at Grass Lake and then registered under another name at Big Bittern, and the way he had her leave her bag and took his own with him!вАЭ He shook his head most solemnly. вАЬThose are not the actions of an honest young man, Orville, and you know it. What I canвАЩt understand is how her parents could let her go off like that anywhere with a man without knowing about him in the first place.вАЭ
вАЬThatвАЩs true,вАЭ replied Mason, tactfully, but made intensely curious by the fact that it had at least been partially established that the girl in the case was not as good as she should have been. Adultery! And with some youth of means, no doubt, from some one of the big cities to the south. The prominence and publicity with which his own activities in connection with this were very likely to be laden! At once he got up, energetically stirred. If he could only catch such a reptilian criminal, and that in the face of all the sentiment that such a brutal murder was likely to inspire! The August convention and nominations. The fall election.
вАЬWell, IвАЩll be switched,вАЭ he exclaimed, the presence of Heit, a religious and conservative man, suppressing anything more emphatic. вАЬI do believe weвАЩre on the trail of something important, Fred. I really think so. It looks very black to meвБ†вАФa most damnable outrage. I suppose the first thing to do, really, is to telephone over there and see if there is such a family as Alden and exactly where they live. ItвАЩs not more than fifty miles direct by car, if that much. Poor roads, though,вАЭ he added. Then: вАЬThat poor woman. I dread that scene. It will be a painful one, I know.вАЭ
Then he called Zillah and asked her to ascertain if there was such a person as Titus Alden living near Biltz. Also, exactly how to get there. Next he added: вАЬThe first thing to do will be to get Burton back hereвАЭ (Burton being Burton Burleigh, his legal assistant, who had gone away for a weekend vacation) вАЬand put him in charge so as to furnish you whatever you need in the way of writs and so on, Fred, while I go right over to see this poor woman. And then, if youвАЩll have Earl go back up there and get that suitcase, IвАЩll be most obliged to you. IвАЩll bring the father back with me, too, to identify the body. But donвАЩt say anything at all about this letter now or my going over there until I see you later, see.вАЭ He grasped the hand of his friend. вАЬIn the meantime,вАЭ he went on, a little grandiosely, now feeling the tang of great affairs upon him, вАЬI want to thank you, Fred. I certainly do, and I wonвАЩt forget it, either. You know that, donвАЩt you?вАЭ He looked his old friend squarely in the eye. вАЬThis may turn out better than we think. It looks to be the biggest and most important case in all my term of office, and if we can only clean it up satisfactorily and quickly, before things break here this fall, it may do us all some good, eh?вАЭ
вАЬQuite so, Orville, quite so,вАЭ commented Fred Heit. вАЬNot, as I said before, that I think we ought to mix politics in with a thing like this, but since it has come about soвБ†вАФвАЭ he paused, meditatively.
вАЬAnd in the meantime,вАЭ continued the district attorney, вАЬif youвАЩll have Earl have some pictures made of the exact position where the boat, oars, and hat were found, as well as mark the spot where the body was found, and subpoena as many witnesses as you can, IвАЩll have vouchers for it all put through with the auditor. And tomorrow or Monday IвАЩll pitch in and help myself.вАЭ
And here he gripped HeitвАЩs right handвБ†вАФthen patted him on the shoulder. And Heit, much gratified by his various moves so farвБ†вАФand in consequence hopeful for the futureвБ†вАФnow took up his weird straw hat and buttoning his thin, loose coat, returned to his office to get his faithful Earl on the long distance telephone to instruct him and to say that he was returning to the scene of the crime himself.
IV
Orville Mason could readily sympathize with a family which on sight struck him as having, perhaps, like himself endured the whips, the scorns and contumelies of life. As he drove up in his official car from Bridgeburg at about four oвАЩclock that Saturday afternoon, there was the old tatterdemalion farmhouse and Titus Alden himself in his shirtsleeves and overalls coming up from a pigpen at the foot of the hill, his face and body suggesting a man who is constantly conscious of the fact that he has made out so poorly. And now Mason regretted that he had not telephoned before leaving Bridgeburg, for he could see that the news of his daughterвАЩs death would shock such a man as this most terribly. At the same time, Titus, noting his approach and assuming that it might be someone who was seeking a direction, civilly approached him.
вАЬIs this Mr.¬†Titus Alden?вАЭ
вАЬYes, sir, thatвАЩs my name.вАЭ
вАЬMr.¬†Alden, my name is Mason. I am from Bridgeburg, district attorney of Cataraqui County.вАЭ
вАЬYes, sir,вАЭ replied Titus, wondering by what strange chance the district attorney of so distant a county should be approaching and inquiring of him. And Mason now looked at Titus, not knowing just how to begin. The bitterness of the news he had to impartвБ†вАФthe crumpling power of it upon such an obviously feeble and inadequate soul. They had paused under one of the large, dark fir trees that stood in front of the house. The wind in its needles was whispering its world-old murmur.
вАЬMr.¬†Alden,вАЭ began Mason, with more solemnity and delicacy than ordinarily characterized him, вАЬyou are the father of a girl by the name of Bert, or possibly Alberta, are you not? IвАЩm not sure that I have the name right.вАЭ
вАЬRoberta,вАЭ corrected Titus Alden, a titillating sense of something untoward affecting his nerves as he said it.
And Mason, before making it impossible, probably, for this man to connectedly inform him concerning all that he wished to know, now proceeded to inquire: вАЬBy the way, do you happen to know a young man around here by the name of Clifford Golden?вАЭ
вАЬI donвАЩt recall that I ever hard of any such person,вАЭ replied Titus, slowly.
вАЬOr Carl Graham?вАЭ
вАЬNo, sir. No one by that name either that I recall now.вАЭ
вАЬI thought so,вАЭ exclaimed Mason, more to himself than to Titus. вАЬBy the way,вАЭ this shrewdly and commandingly, вАЬwhere is your daughter now?вАЭ
вАЬWhy, sheвАЩs in Lycurgus at present. She works there. But why do you ask? Has she done anything she shouldnвАЩtвБ†вАФbeen to see you about anything?вАЭ He achieved a wry smile while his gray-blue eyes were by now perturbed by puzzled inquiry.
вАЬOne moment, Mr.¬†Alden,вАЭ proceeded Mason, tenderly and yet most firmly and effectively. вАЬI will explain everything to you in a moment. Just now I want to ask a few necessary questions.вАЭ And he gazed at Titus earnestly and sympathetically. вАЬHow long has it been since you last saw your daughter?вАЭ
вАЬWhy, she left here last Tuesday morning to go back to Lycurgus. She works down there for the Griffiths Collar¬†& Shirt Company. ButвБ†вАФ?вАЭ
вАЬNow, one moment,вАЭ insisted the district attorney determinedly, вАЬIвАЩll explain all in a moment. She was up here over the weekend, possibly. Is that it?вАЭ
вАЬShe was up here on a vacation for about a month,вАЭ explained Titus, slowly and meticulously. вАЬShe wasnвАЩt feeling so very good and she came home to rest up a bit. But she was all right when she left. You donвАЩt mean to tell me, Mr.¬†Mason, that anything has gone wrong with her, do you?вАЭ He lifted one long, brown hand to his chin and cheek in a gesture, of nervous inquiry. вАЬIf I thought there was anything like thatвБ†вАФ?вАЭ He ran his hand through his thinning gray hair.
вАЬHave you had any word from her since she left here?вАЭ Mason went on quietly, determined to extract as much practical information as possible before the great blow fell. вАЬAny information that she was going anywhere but back there?вАЭ
вАЬNo, sir, we havenвАЩt. SheвАЩs not hurt in any way, is she? SheвАЩs not done anything thatвАЩs got her into trouble? But, no, that couldnвАЩt be. But your questions! The way you talk.вАЭ He was now trembling slightly, the hand that sought his thin, pale lips, visibly and aimlessly playing about his mouth. But instead of answering, the district attorney drew from his pocket the letter of Roberta to her mother, and displaying only the handwriting on the envelope, asked: вАЬIs that the handwriting of your daughter?вАЭ
вАЬYes, sir, thatвАЩs her handwriting,вАЭ replied Titus, his voice rising slightly. вАЬBut what is this, Mr.¬†District Attorney? How do you come to have that? WhatвАЩs in there?вАЭ He clinched his hands in a nervous way, for in MasonвАЩs eyes he now clearly foresaw tragedy in some form. вАЬWhat is thisвБ†вАФthisвБ†вАФwhat has she written in that letter? You must tell meвБ†вАФif anything has happened to my girl!вАЭ He began to look excitedly about as though it were his intention to return to the house for aidвБ†вАФto communicate to his wife the dread that was coming upon himвБ†вАФwhile Mason, seeing the agony into which he had plunged him, at once seized him firmly and yet kindly by the arms and began:
вАЬMr.¬†Alden, this is one of those dark times in the lives of some of us when all the courage we have is most needed. I hesitate to tell you because I am a man who has seen something of life and I know how you will suffer.вАЭ
вАЬShe is hurt. She is dead, maybe,вАЭ exclaimed Titus, almost shrilly, the pupils of his eyes dilating.
Orville Mason nodded.
вАЬRoberta! My first born! My God! Our Heavenly Father!вАЭ His body crumpled as though from a blow and he leaned to steady himself against an adjacent tree. вАЬBut how? Where? In the factory by a machine? Oh, dear God!вАЭ He turned as though to go to his wife, while the strong, scar-nosed district attorney sought to detain him.
вАЬOne moment, Mr.¬†Alden, one moment. You must not go to your wife yet. I know this is very hard, terrible, but let me explain. Not in Lycurgus. Not by any machine. No! NoвБ†вАФdrowned! In Big Bittern. She was up there on an outing on Thursday, do you understand? Do you hear? Thursday. She was drowned in Big Bittern on Thursday in a boat. It overturned.вАЭ
The excited gestures and words of Titus at this point so disturbed the district attorney that he found himself unable to explain as calmly as he would have liked the process by which even an assumed accidental drowning had come about. From the moment the word death in connection with Roberta had been used by Mason, the mental state of Alden was that of one not a little demented. After his first demands he now began to vent a series of animal-like groans as though the breath had been knocked from his body. At the same time, he bent over, crumpled up as from painвБ†вАФthen struck his hands together and threw them to his temples.
вАЬMy Roberta dead! My daughter! Oh, no, no, Roberta! Oh, my God! Not drowned! It canвАЩt be. And her mother speaking of her only an hour ago. This will be the death of her when she hears it. It will kill me, too. Yes, it will. Oh, my poor, dear, dear girl. My darling! IвАЩm not strong enough to stand anything like this, Mr.¬†District Attorney.вАЭ
He leaned heavily and wearily upon MasonвАЩs arms while the latter sustained him as best he could. Then, after a moment, he turned questioningly and erratically toward the front door of the house at which he gazed as one might who was wholly demented. вАЬWhoвАЩs to tell her?вАЭ he demanded. вАЬHow is anyone to tell her?вАЭ
вАЬBut, Mr.¬†Alden,вАЭ consoled Mason, вАЬfor your own sake, for your wifeвАЩs sake, I must ask you now to calm yourself and help me consider this matter as seriously as you would if it were not your daughter. There is much more to this than I have been able to tell you. But you must be calm. You must allow me to explain. This is all very terrible and I sympathize with you wholly. I know what it means. But there are some dreadful and painful facts that you will have to know about. Listen. Listen.вАЭ
And then, still holding Titus by the arm he proceeded to explain as swiftly and forcefully as possible, the various additional facts and suspicions in connection with the death of Roberta, finally giving him her letter to read, and winding up with: вАЬA crime! A crime, Mr.¬†Alden! ThatвАЩs what we think over in Bridgeburg, or at least thatвАЩs what weвАЩre afraid ofвБ†вАФplain murder, Mr.¬†Alden, to use a hard, cold word in connection with it.вАЭ He paused while Alden, struck by thisвБ†вАФthe element of crimeвБ†вАФgazed as one not quite able to comprehend. And, as he gazed, Mason went on: вАЬAnd as much as I respect your feelings, still as the chief representative of the law in my county, I felt it to be my personal duty to come here today in order to find out whether there is anything that you or your wife or any of your family know about this Clifford Golden, or Carl Graham, or whoever he is who lured your daughter to that lonely lake up there. And while I know that the blackest of suffering is yours right now, Mr.¬†Alden, I maintain that it should be your wish, as well as your duty, to do whatever you can to help us clear up this matter. This letter here seems to indicate that your wife at least knows something concerning this individualвБ†вАФhis name, anyhow.вАЭ And he tapped the letter significantly and urgently.
The moment the suggested element of violence and wrong against his daughter had been injected into this bitter loss, there was sufficient animal instinct, as well as curiosity, resentment and love of the chase inherent in Titus to cause him to recover his balance sufficiently to give silent and solemn ear to what the district attorney was saying. His daughter not only drowned, but murdered, and that by some youth who according to this letter she was intending to marry! And he, her father, not even aware of his existence! Strange that his wife should know and he not. And that Roberta should not want him to know.
And at once, born for the most part of religion, convention and a general rural suspicion of all urban life and the mystery and involuteness of its ungodly ways, there sprang into his mind the thought of a city seducer and betrayerвБ†вАФsome youth of means, probably, whom Roberta had met since going to Lycurgus and who had been able to seduce her by a promise of marriage which he was not willing to fulfil. And forthwith there flared up in his mind a terrible and quite uncontrollable desire for revenge upon anyone who could plot so horrible a crime as this against his daughter. The scoundrel! The raper! The murderer!
Here he and his wife had been thinking that Roberta was quietly and earnestly and happily pursuing her hard, honest way in Lycurgus in order to help them and herself. And from Thursday afternoon until Friday her body had lain beneath the waters of that lake. And they asleep in their comfortable beds, or walking about, totally unaware of her dread state. And now her body in a strange room or morgue somewhere, unseen and unattended by any of all those who loved her soвБ†вАФand tomorrow to be removed by cold, indifferent public officials to Bridgeburg.
вАЬIf there is a God,вАЭ he exclaimed excitedly, вАЬHe will not let such a scoundrel as this go unpunished! Oh, no, He will not! вАШI have yet to see,вАЩвАКвАЭ he suddenly quoted, вАЬвАКвАШthe children of the righteous forsaken or their seed begging for bread.вАЩвАКвАЭ At the same time, a quivering compulsion for action dominating him, he added: вАЬI must talk to my wife about this right away. Oh, yes, I must. No, no, you wait here. I must tell her first, and alone. IвАЩll be back. IвАЩll be back. You just wait here. I know it will kill her. But she must know about this. Maybe she can tell us who this is and then we can catch him before he manages to get too far away. But, oh, my poor girl! My poor, dear Roberta! My good, kind, faithful daughter!вАЭ
And so, talking in a maundering manner, his eyes and face betraying an only half-sane misery, he turned, the shambling, automaton-like motions of his angular figure now directing him to a lean-to, where, as he knew, Mrs. Alden was preparing some extra dishes for the next day, which was Sunday. But once there he paused in the doorway without the courage to approach further, a man expressing in himself all the pathos of helpless humanity in the face of the relentless and inexplicable and indifferent forces of Life!
Mrs. Alden turned, and at the sight of his strained expression, dropped her own hands lifelessly, the message of his eyes as instantly putting to flight the simple, weary and yet peaceful contemplation in her own.
вАЬTitus! For goodnessвАЩ sake! Whatever is the matter?вАЭ
Lifted hands, half-open mouth, an eerie, eccentric and uncalculated tensing and then widening of the eyelids, and then the word: вАЬRoberta!вАЭ
вАЬWhat about her? What about her? TitusвБ†вАФwhat about her?вАЭ
Silence. More of those nervous twitchings of the mouth eyes, hands. ThenвБ†вАКвБ†вА¶ вАЬDead! SheвАЩs beenвБ†вАФbeen drowned!вАЭ followed by his complete collapse on a bench that stood just inside the door. And Mrs.¬†Alden, staring for a moment, at first not quite comprehending, then fully realizing, sinking heavily and without a word to the floor. And Titus, looking at her and nodding his head as if to say: вАЬQuite right. So should it be. Momentary escape for her from the contemplation of this horrible fact.вАЭ And then slowly rising, going to her and kneeling beside her, straightening her out. Then as slowly going out to the door and around to the front of the house where Orville Mason was seated on the broken front steps, contemplating speculatively along with the afternoon sun in the west the misery that this lorn and incompetent farmer was conveying to his wife. And wishing for the moment that it might be otherwiseвБ†вАФthat no such case, however profitable to himself, had arisen.
But now, at sight of Titus Alden, he jumped up and preceded the skeleton-like figure into the lean-to. And finding Mrs.¬†Alden, as small as her daughter nearly, and limp and still, he gathered her into his strong arms and carried her through the dining-room into the living-room, where stood an antiquated lounge, on which he laid her. And there, feeling for her pulse, and then hurrying for some water, while he looked for someoneвБ†вАФa son, daughter, neighbor, anyone. But not seeing anyone, hurrying back with the water to dash a little of it on her face and hands.
вАЬIs there a doctor anywhere near here?вАЭ He was addressing Titus, who was now kneeling by his wife.
вАЬIn BiltzвБ†вАФyesвБ†вАФDr.¬†Crane.вАЭ
вАЬHave youвБ†вАФhas anyone around here a telephone?вАЭ
вАЬMr.¬†Wilcox.вАЭ He pointed in the direction of the WilcoxвАЩs, whose telephone Roberta had so recently used.
вАЬJust watch her. IвАЩll be back.вАЭ
Forthwith he was out of the house and away to call Crane or any other doctor, and then as swiftly returning with Mrs.¬†Wilcox and her daughter. And then waiting, waiting, until first neighbors arrived and then eventually Dr.¬†Crane, with whom he consulted as to the advisability of discussing with Mrs.¬†Alden yet this day the unescapable mystery which had brought him here. And Dr.¬†Crane, very much impressed by Mr.¬†MasonвАЩs solemn, legal manner, admitting that it might even be best.
And at last Mrs.¬†Alden treated with heroin and crooned and mourned over by all present, being brought to the stage where it was possible, slowly and with much encouragement, to hear in the first place what the extenuating circumstances were; next being questioned concerning the identity of the cryptic individual referred to in RobertaвАЩs letter. The only person whom Mrs.¬†Alden could recall as ever having been mentioned by Roberta as paying particular attention to her, and that but once the Christmas before, was Clyde Griffiths, the nephew of the wealthy Samuel Griffiths, of Lycurgus, and the manager of the department in which Roberta worked.
But this in itself, as Mason and the Aldens themselves at once felt, was something which assuredly could not be taken to mean that the nephew of so great a man could be accused of the murder of Roberta. Wealth! Position! Indeed, in the face of such an accusation Mason was inclined to pause and consider. For the social difference between this man and this girl from his point of view seemed great. At that, it might be so. Why not? Was it not likely that a youth of such a secure position would possibly more than another, since she was so attractive as Heit had said, be the one to be paying casual and secret attention to a girl like Roberta? Did she not work in his uncleвАЩs factory? And was she not poor? Besides, as Fred Heit had already explained, whoever it was that this girl was with at the time of her death, she had not hesitated to cohabit with him before marriage. And was that not part and parcel of a rich and sophisticated youthвАЩs attitude toward a poor girl? By reason of his own early buffetings at the mood of chance and established prosperity the idea appealed to him intensely. The wretched rich! The indifferent rich! And here were her mother and father obviously believing most firmly in her innocence and virtue.
Further questioning of Mrs.¬†Alden only brought out the fact that she had never seen this particular youth, and had never even heard of any other. The only additional data that either she or her husband could furnish was that during her last homecoming of a month Roberta had not been feeling at all wellвБ†вАФdrooped about the house and rested a good deal. Also that she had written a number of letters which she had given to the postman or placed in the delivery box at the road-crossing below. Neither Mr.¬†nor Mrs.¬†Alden knew to whom they were addressed, although the postman would be likely to know, as Mason quickly thought. Also, during this period, she had been busy making some dresses, at least four. And during the latter part of her stay, she had been the recipient of a number of telephone callsвБ†вАФfrom a certain Mr.¬†Baker, as Titus had heard Mr.¬†Wilcox say. Also, on departing, she had taken only such baggage as she had brought with herвБ†вАФher small trunk and her bag. The trunk she had checked herself at the station, but just where, other than Lycurgus, Titus could not say.
But now, suddenly, since he was attaching considerable importance to the name Baker, there popped into MasonвАЩs mind:
вАЬClifford Golden! Carl Graham! Clyde Griffiths!вАЭ and at once the identity of the intitials as well as the related euphony of the names gave him pause. An astounding coincidence truly, if this same Clyde Griffiths had nothing to do with this crime! Immediately he was anxious to go direct to the mailman and question him.
But since Titus Alden was important not only as a witness in identifying RobertaвАЩs body and the contents of the suitcase left by her at Gun Lodge but also to persuade the postman to talk freely, he now asked him to dress and accompany him, assuring him that he would allow him to return tomorrow.
After cautioning Mrs.¬†Alden to talk to no one in regard to this, he now proceeded to the post office to question the mailman. That individual when found, recalled, upon inquiry, and in the presence of Titus who stood like a galvanized corpse by the side of the district attorney, that not only had there been a few lettersвБ†вАФno less than twelve or fifteen evenвБ†вАФhanded him by Roberta, during her recent stay here, but that all of them had been addressed to someone in Lycurgus by the name ofвБ†вАФlet him seeвБ†вАФClyde GriffithsвБ†вАФno lessвБ†вАФcare of General Delivery there. Forthwith, the district attorney proceeded with him to a local notaryвАЩs office where a deposition was made, after which he called his office, and learning that RobertaвАЩs body had been brought to Bridgeburg, he drove there with as much speed as he could attain. And once there and in the presence of the body along with Titus, Burton Burleigh, Heit and Earl Newcomb, he was able to decide for himself, even while Titus, half demented, gazed upon the features of his child, first that she truly was Roberta Alden and next as to whether he considered her of the type who would wantonly yield herself to such a liaison as the registration at Grass Lake seemed to indicate. He decided he did not. This was a case of sly, evil seduction as well as murder. Oh, the scoundrel! And still at large. Almost the political value of all this was obscured by an angry social resentfulness against men of means in general.
But this particular contact with the dead, made at ten oвАЩclock at night in the receiving parlors of the Lutz Brothers, Undertakers, and with Titus Alden falling on his knees by the side of his daughter and emotionally carrying her small, cold hands to his lips while he gazed feverishly and protestingly upon her waxy face, framed by her long brown hair, was scarcely such as to promise an unbiased or even legal opinion. The eyes of all those present were wet with tears.
And now Titus Alden injected a new and most dramatic note into the situation. For while the Lutz Brothers, with three of their friends who kept an automobile shop next door, Everett Beeker, the present representative of the Bridgeburg Republican, and Sam Tacksun, the editor and publisher of the Democrat, awesomely gazed over or between the heads of each other from without a side door which gave into the LutzsвАЩ garage, he suddenly rose and moving wildly toward Mason, exclaimed: вАЬI want you to find the scoundrel who did this, Mr.¬†District Attorney. I want him to be made to suffer as this pure, good girl has been made to suffer. SheвАЩs been murderedвБ†вАФthatвАЩs all. No one but a murderer would take a girl out on a lake like that and strike her as anyone can see she has been struck.вАЭ He gestured toward his dead child. вАЬI have no money to help prosecute a scoundrel like that. But I will work. I will sell my farm.вАЭ
His voice broke and seemingly he was in danger of falling as he turned toward Roberta again. And now, Orville Mason, swept into this fatherвАЩs stricken and yet retaliatory mood, pressed forward to exclaim: вАЬCome away, Mr.¬†Alden. We know this is your daughter. I swear all you gentlemen as witnesses to this identification. And if it shall be proved that this little girl of yours was murdered, as it now seems, I promise you, Mr.¬†Alden, faithfully and dutifully as the district attorney of this county, that no time or money or energy on my part will be spared to track down this scoundrel and hale him before the proper authorities! And if the justice of Cataraqui County is what I think it is, you can leave him to any jury which our local court will summon. And you wonвАЩt need to sell your farm, either.вАЭ
Mr. Mason, because of his deep, if easily aroused, emotion, as well as the presence of the thrilled audience, was in his most forceful as well as his very best oratorical mood.
And one of the Lutz BrothersвБ†вАФEdвБ†вАФthe recipient of all of the county coronerвАЩs businessвБ†вАФwas moved to exclaim:
вАЬThatвАЩs the ticket, Orville. YouвАЩre the kind of a district attorney we like.вАЭ And Everett Beeker now called out: вАЬGo to it, Mr.¬†Mason. WeвАЩre with you to a man when it comes to that.вАЭ And Fred Heit, as well as his assistant, touched by MasonвАЩs dramatic stand, his very picturesque and even heroic appearance at the moment, now crowded closer, Heit to take his friend by the hand, Earl to exclaim: вАЬMore power to you, Mr.¬†Mason. WeвАЩll do all we can, you bet. And donвАЩt forget that bag that she left at Gun Lodge is over at your office. I gave it to Burton two hours ago.вАЭ
вАЬThatвАЩs right, too. I was almost forgetting that,вАЭ exclaimed Mason, most calmly and practically at the moment, the previous burst of oratory and emotion having by now been somehow merged in his own mind with the exceptional burst of approval which up to this hour he had never experienced in any case with which previously he had been identified.
V
As he proceeded to his office, accompanied by Alden and the officials in this case, his thought was running on the motive of this heinous crimeвБ†вАФthe motive. And because of his youthful sexual deprivations, his mind now tended continually to dwell on that. And meditating on the beauty and charm of Roberta, contrasted with her poverty and her strictly moral and religious upbringing, he was convinced that in all likelihood this man or boy, whoever he was, had seduced her and then later, finding himself growing tired of her, had finally chosen this way to get rid of herвБ†вАФthis deceitful, alleged marriage trip to the lake. And at once he conceived an enormous personal hate for the man. The wretched rich! The idle rich! The wastrel and evil richвБ†вАФa scion or representative of whom this young Clyde Griffiths was. If he could but catch him.
At the same time it now suddenly occurred to him that because of the peculiar circumstances attending this caseвБ†вАФthis girl cohabiting with this man in this wayвБ†вАФshe might be pregnant. And at once this suspicion was sufficient, not only to make him sexually curious in regard to all the details of the life and courtship that had led to thisвБ†вАФbut also very anxious to substantiate for himself whether his suspicions were true. Immediately he began to think of a suitable doctor to perform an autopsyвБ†вАФif not here, then in Utica or AlbanyвБ†вАФalso of communicating to Heit his suspicions in the connection, and of having this, as well as the import of the blows upon her face, determined.
But in regard to the bag and its contents, which was the immediate matter before him, he was fortunate in finding one additional bit of evidence of the greatest importance. For, apart from the dresses and hats made by Roberta, her lingerie, a pair of red silk garters purchased at BraunsteinвАЩs in Lycurgus and still in their original box, there was the toilet set presented by Clyde to her the Christmas before. And with it the small, plain white card, on which Clyde had written: вАЬFor Bert from ClydeвБ†вАФMerry Xmas.вАЭ But no family name. And the writing a hurried scrawl, since it had been written at a time when Clyde was most anxious to be elsewhere than with her.
At once it occurred to MasonвБ†вАФhow odd that the presence of this toilet set in this bag, together with the card, should not have been known to the slayer. But if it were, and he had not removed the card, could it be possible that this same Clyde was the slayer? Would a man contemplating murder fail to see a card such as this, with his own handwriting on it? What sort of a plotter and killer would that be? Immediately afterward he thought: Supposing the presence of this card could be concealed until the day of the trial and then suddenly produced, assuming the criminal denied any intimacy with the girl, or having given her any toilet set? And for the present he took the card and put it in his pocket, but not before Earl Newcomb, looking at it carefully, had observed: вАЬIвАЩm not positive, Mr.¬†Mason, but that looks to me like the writing on the register up at Big Bittern.вАЭ And at once Mason replied: вАЬWell, it wonвАЩt take long to establish the fact.вАЭ
He then signaled Heit to follow him into an adjoining chamber, where once alone with him, free from the observation and hearing of the others, he began: вАЬWell, Fred, you see it was just as you thought. She did know who she was going with.вАЭ (He was referring to his own advice over the telephone from Biltz that Mrs.¬†Alden had provided him with definite information as to the criminal.) вАЬBut you couldnвАЩt guess in a thousand years unless I told you.вАЭ He leaned over and looked at Heit shrewdly.
вАЬI donвАЩt doubt it, Orville. I havenвАЩt the slightest idea.вАЭ
вАЬWell, you know of Griffiths¬†& Company, of Lycurgus?вАЭ
вАЬNot the collar people?вАЭ
вАЬYes, the collar people.вАЭ
вАЬNot the son.вАЭ Fred HeitвАЩs eyes opened wider than they had in years. His wide, brown hand grasped the end of his beard.
вАЬNo, not the son. A nephew!вАЭ
вАЬNephew! Of Samuel Griffiths? Not truly!вАЭ The old, moral-religious, politic-commercial coroner stroked his beard again and stared.
вАЬThe fact seems to point that way, Fred, now at least. IвАЩm going down there yet tonight, though, and I hope to know a lot more tomorrow. But this Alden girlвБ†вАФtheyвАЩre the poorest kind of farm people, you knowвБ†вАФworked for Griffiths¬†& Company in Lycurgus and this nephew, Clyde Griffiths, as I understand it, is in charge of the department in which she worked.вАЭ
вАЬTst! Tst! Tst!вАЭ interjected the coroner.
вАЬShe was home for a monthвБ†вАФsickвАЭ (he emphasized the word) вАЬjust before she went on this trip last Tuesday. And during that time she wrote him at least ten letters, and maybe more. I got that from the rural delivery man. I have his affidavit here.вАЭ He tapped his coat. вАЬAll addressed to Clyde Griffiths in Lycurgus. I even have his house number. And the name of the family with whom she lived. I telephoned down there from Biltz. IвАЩm going to take the old man with me tonight in case anything comes up that he might know about.вАЭ
вАЬYes, yes, Orville. I understand. I see. But a Griffiths!вАЭ And once more he clucked with his tongue.
вАЬBut what I want to talk to you about is the inquest,вАЭ now went on Mason quickly and sharply. вАЬYou know IвАЩve been thinking that it couldnвАЩt have been just because he didnвАЩt want to marry her that he wanted to kill her. That doesnвАЩt seem reasonable to me,вАЭ and he added the majority of the thoughts that had caused him to conclude that Roberta was pregnant. And at once Heit agreed with him.
вАЬWell, then that means an autopsy,вАЭ Mason resumed. вАЬAs well as medical opinion as to the nature of those wounds. WeвАЩll have to know beyond a shadow of a doubt, Fred, and before that body is taken away from here, whether that girl was killed before she was thrown out of that boat, or just stunned and then thrown out, or the boat upset. ThatвАЩs very vital to the case, as you know. WeвАЩll never be able to do anything unless weвАЩre positive about those things. But what about the medical men around here? Do you think any of them will be able to do all these things in a shipshape way so that what they say will hold water in court?вАЭ
Mason was dubious. Already he was building his case.
вАЬWell, as to that, Orville,вАЭ Heit replied slowly, вАЬI canвАЩt say exactly. YouвАЩd be a better judge, maybe, than I would. IвАЩve already asked Dr.¬†Mitchell to step over tomorrow and take a look at her. Also Betts. But if thereвАЩs any other doctor youвАЩd rather haveвБ†вАФBavo or Lincoln of ColdwaterвБ†вАФhow about Bavo?вАЭ
вАЬIвАЩd rather have Webster, of Utica,вАЭ went on Mason, вАЬor Beemis, or both. Four or five opinions in a case like this wonвАЩt be any too many.вАЭ
And Heit, sensing the importance of the great responsibility now resting on him, added: вАЬWell, I guess youвАЩre right, Orville. Maybe four or five would be better than one or two. That means, though, that the inquest will have to be postponed for a day or two more, till we get these men here.вАЭ
вАЬQuite right! Quite right,вАЭ went on Mason, вАЬbut that will be a good thing, too, as long as IвАЩm going down to Lycurgus tonight to see what I can find out. You never can tell. I may catch up with him. I hope so, anyhow, or if not that, then I may come upon something thatвАЩll throw some extra light on this. For this is going to be a big thing, Fred. I can see thatвБ†вАФthe most difficult case that ever came my way, or yours, eitherвБ†вАФand we canвАЩt be too careful as to how we move from now on. HeвАЩs likely to be rich, you see, and if he is heвАЩll fight. Besides thereвАЩs that family down there to back him up.вАЭ
He ran a nervous hand through his shock of hair, then added: вАЬWell, thatвАЩs all right too. The next thing to do is to get Beemis and Webster of UticaвБ†вАФbetter wire them tonight, eh, or call them up. And Sprull of Albany, and then, to keep peace in the family around here, perhaps weвАЩd better have Lincoln and Betts over here. And maybe Bavo.вАЭ He permitted himself the faintest shadow of a smile. вАЬIn the meantime, IвАЩll be going along, Fred. Arrange to have them come up Monday or Tuesday, instead of tomorrow. I expect to be back by then and if so I can be with you. If you can, better get вАЩem up here, MondayвБ†вАФseeвБ†вАФthe quicker the betterвБ†вАФand weвАЩll see what we know by then.вАЭ
He went to a drawer to secure some extra writs. And then into the outer room to explain to Alden the trip that was before him. And to have Burleigh call up his wife, to whom he explained the nature of his work and haste and that he might not be back before Monday.
And all the way down to Utica, which took three hours, as well as a wait of one hour before a train for Lycurgus could be secured, and an additional hour and twenty minutes on that train, which set them down at about seven, Orville Mason was busy extracting from the broken and gloomy Titus, as best he could, excerpts from his own as well as RobertaвАЩs humble pastвБ†вАФher generosity, loyalty, virtue, sweetness of heart, and the places and conditions under which previously she had worked, and what she had received, and what she had done with the moneyвБ†вАФa humble story which he was quite able to appreciate.
Arriving at Lycurgus with Titus by his side, he made his way as quickly as possible to the Lycurgus House, where he took a room for the father in order that he might rest. And after that to the office of the local district attorney, from whom he must obtain authority to proceed, as well as an officer who would execute his will for him here. And then being supplied with a stalwart detective in plain clothes, he proceeded to ClydeвАЩs room in Taylor Street, hoping against hope that he might find him there. But Mrs.¬†Peyton appearing and announcing that Clyde lived there but that at present he was absent (having gone the Tuesday before to visit friends at Twelfth Lake, she believed), he was rather painfully compelled to announce, first, that he was the district attorney of Cataraqui County, and, next, that because of certain suspicious circumstances in connection with the drowning of a girl in Big Bittern, with whom they had reason to believe that Clyde was at the time, they would now be compelled to have access to his room, a statement which so astonished Mrs.¬†Peyton that she fell back, an expression of mixed amazement, horror, and unbelief overspreading her features.
вАЬNot Mr.¬†Clyde Griffiths! Oh, how ridiculous! Why, heвАЩs the nephew of Mr.¬†Samuel Griffiths and very well known here. IвАЩm sure they can tell you all about him at their residence, if you must know. But anything likeвБ†вАФoh, impossible!вАЭ And she looked at both Mason and the local detective who was already displaying his official badge, as though she doubted both their honesty and authority.
At the same time, the detective, being all too familiar with such circumstances, had already placed himself beyond Mrs. Peyton at the foot of the stairs leading to the floor above. And Mason now drew from his pocket a writ of search, which he had been careful to secure.
вАЬI am sorry, Madam, but I am compelled to ask you to show us his room. This is a search warrant and this officer is here at my direction.вАЭ And at once struck by the futility of contending with the law, she now nervously indicated ClydeвАЩs room, feeling still that some insane and most unfair and insulting mistake was being made.
But the two having proceeded to ClydeвАЩs room, they began to look here and there. At once both noted one small and not very strong trunk, locked and standing in one corner, which Mr.¬†Faunce, the detective, immediately began to lift to decide upon its weight and strength, while Mason began to examine each particular thing in the roomвБ†вАФthe contents of all drawers and boxes, as well as the pockets of all clothes. And in the chiffonier drawers, along with some discarded underwear and shirts and a few old invitations from the Trumbulls, Starks, Griffiths, and Harriets, he now found a memorandum sheet which Clyde had carried home from his desk and on which he had written: вАЬWednesday, Feb. 20th, dinner at StarksвАЭвБ†вАФand below that, вАЬFriday, 22nd, TrumbullsвАЭвБ†вАФand this handwriting Mason at once compared with that on the card in his pocket, and being convinced by the similarity that he was in the room of the right man, he took the invitations and then looked toward the trunk which the detective was now contemplating.
вАЬWhat about this, chief? Will you take it away or open it here?вАЭ
вАЬI think,вАЭ said Mason solemnly, вАЬweвАЩd better open that right here, Faunce. IвАЩll send for it afterwards, but I want to see whatвАЩs in it now.вАЭ And at once the detective extracted from his pocket a heavy chisel, while he began looking around for a hammer.
вАЬIt isnвАЩt very strong,вАЭ he said, вАЬI think I can kick it open if you say so.вАЭ
At this point, Mrs.¬†Peyton, most astounded by these developments, and anxious to avoid any such rough procedure, exclaimed: вАЬYou can have a hammer if you wish, but why not wait and send for a key man? Why, I never heard of such a thing in all my life.вАЭ
However, the detective having secured the hammer and jarred the lock loose, there lay revealed in a small top crate various unimportant odds and ends of ClydeвАЩs wardrobeвБ†вАФsocks, collars, ties, a muffler, suspenders, a discarded sweater, a pair of not too good high-top winter shoes, a cigarette holder, a red lacquer ash tray, and a pair of skates. But in addition among these, in the corner in one compact bundle, the final fifteen letters of Roberta, written him from Biltz, together with a small picture of herself given him the year before, as well as another small bundle consisting of all the notes and invitations written him by Sondra up to the time she had departed for Pine Point. The letters written from there Clyde had taken with himвБ†вАФlaid next his heart. And, even more incriminating, a third bundle, consisting of eleven letters from his mother, the first two addressed to Harry Tenet, care of general delivery, ChicagoвБ†вАФa most suspicious circumstance on the surfaceвБ†вАФwhereas the others of the bundle were addressed to Clyde Griffiths, not only care of the Union League, Chicago, but to Lycurgus.
Without waiting further to see what else the trunk might contain, the district attorney began opening these and readingвБ†вАФfirst three from Roberta, after which the reason she had gone to Biltz was made perfectly plainвБ†вАФthen the three first letters from his mother, on most pathetically commonplace stationery, as he could see, hinting at the folly of the life as well as the nature of the accident that had driven him from Kansas City, and at the same time advising him most solicitously and tenderly as to the proper path for his feet in the future, the general effect of which was to convey to a man of MasonвАЩs repressed temperament and limited social experience the impression that from the very beginning this individual had been of a loose, wayward and errant character.
At the same time, and to his surprise, he now learned that except for what his rich uncle might have done for him here, Clyde was obviously of a poor, as well as highly religious, branch of the Griffiths family, and while ordinarily this might have influenced him in ClydeвАЩs favor a little, still now, in view of the notes of Sondra, as well as the pathetic letters of Roberta and his motherвАЩs reference to some earlier crime in Kansas City, he was convinced that not only was Clyde of such a disposition as could plot such a crime but also one who could execute it in cold blood. That crime in Kansas City. He must wire the district attorney there for particulars.
And with this thought in mind, he now scanned more briefly but none the less sharply and critically the various notes or invitations or love messages from Sondra, all on heavily perfumed and monogrammed stationery, which grew more and more friendly and intimate as the correspondence progressed, until toward the last they invariably began:
вАЬClydie-Mydie,вАЭ or вАЬSweetest Black Eyes,вАЭ or вАЬMy sweetest boy,вАЭ and were signed вАЬSonda,вАЭ or вАЬYour own Sondra.вАЭ And some of them dated so recently as May 10th, May 15th, May 26th, or up to the very time at which, as he instantly noted, RobertaвАЩs most doleful letters began to arrive.
It was all so plain, now. One secretly betrayed girl in the background while he had the effrontery to ingratiate himself into the affections of another, this time obviously one of much higher social position here.
Although fascinated and staggered by this interesting development, he at the same time realized that this was no hour in which to sit meditating. Far from it. This trunk must be transferred at once to his hotel. Later he must go forth to find out, if he could, exactly where this individual was, and arrange for his capture. And while he ordered the detective to call up the police department and arrange for the transfer of the trunk to his room at the Lycurgus House, he hurried next to the residence of Samuel Griffiths, only to learn that no member of the family was then in the city. They were all at Greenwood Lake. But a telephone message to that place brought the information that in so far as they knew, this same Clyde Griffiths, their nephew, was at the Cranston lodge on Twelfth Lake, near Sharon, adjoining the Finchley lodge. The name Finchley, together with the town of Sharon, being already identified in MasonвАЩs mind with Clyde, he at once decided that if he were still anywhere in this region, he would be thereвБ†вАФat the summer home perhaps of this girl who had written him the various notes and invitations he had seenвБ†вАФthis Sondra Finchley. Also had not the captain of the Cygnus declared that he had seen the youth who had come down from Three Mile Bay debark there? Eureka! He had him!
And at once, after meditating sharply on the wisdom of his course, he decided to proceed to Sharon and Pine Point himself. But in the meantime being furnished with an accurate description of Clyde, he now furnished this as well as the fact that he was wanted for murder, not only to the district attorney and the chief of police of Lycurgus, but to Newton Slack, the sheriff at Bridgeburg, as well as to Heit and his own assistant, urging all three to proceed at once to Sharon, where he would meet them.
At the same time, speaking as though for Mrs.¬†Peyton, he now called upon the long distance telephone the Cranston lodge at Pine Point, and getting the butler on the wire, inquired whether Mr.¬†Clyde Griffiths chanced to be there. вАЬYes sir, he is, sir, but heвАЩs not here now, sir. I think heвАЩs on a camping party farther up the lake, sir. Any message, sir?вАЭ And in response to further inquiries, he replied that he could not say exactlyвБ†вАФa party had gone, presumably, to Bear Lake some thirty miles farther up, but when it would return he could not sayвБ†вАФnot likely before a day or two. But distinctly this same Clyde was with that party.
And at once Mason recalled the sheriff at Bridgeburg, instructing him to take four or five deputies with him so that the searching party might divide at Sharon and seize this same Clyde wherever he chanced to be. And throw him in jail at Bridgeburg, where he could explain, with all due process of law, the startling circumstances that thus far seemed to unescapably point to him as the murderer of Roberta Alden.
VI
In the interim the mental state of Clyde since that hour when, the water closing over Roberta, he had made his way to the shore, and then, after changing his clothes, had subsequently arrived at Sharon and the lakeside lodge of the Cranstons, was almost one of complete mental derangement, mainly caused by fear and confusion in his own mind as to whether he did or did not bring about her untimely end. At the same time at the lakeside the realization that if by any chance he were then and there found, skulking south rather than returning north to the inn at Big Bittern to report this seeming accident, there would be sufficient hardness and cruelty to the look of it all to convince anyone that a charge of murder should be made against him, had fiercely tortured him. For, as he now saw it, he really was not guiltyвБ†вАФwas he, since at the last moment he had experienced that change of heart?
But who was going to believe that now, since he did not go back to explain? And it would never do to go back now! For if Sondra should hear that he had been on this lake with this factory girlвБ†вАФthat he had registered with her as husband and wifeвБ†вАКвБ†вА¶ God!
And then trying to explain to his uncle afterwards, or his cold, hard cousinвБ†вАФor all those smart, cynical Lycurgus people! No! No! Having gone so far he must go on. DisasterвБ†вАФif not deathвБ†вАФlay in the opposite direction. He would have to make the best of this terrible situationвБ†вАФmake the best of this plan that had ended so strangely and somewhat exculpatorily for him.
And yet these woods! This approaching night. The eerie loneliness and danger of it all now. How now to do, what to say, if met by anyone. He was so confusedвБ†вАФmentally and nervously sick. The crackle of a twig and he leaped forward as a hare.
And in this state it was that, after having recovered his bag and changed his clothes, wringing out his wet suit and attempting to dry it, then packing it in his bag under some dry twigs and pine-needles and burying the tripod beneath a rotting log, that he plunged into the woods after night had fallen. Yet meditating more and more on his very strange and perilous position. For supposing, just as he had unintentionally struck at her, and they had fallen into the water and she uttered those piercing and appealing cries, there had been someone on the shoreвБ†вАФsomeone watchingвБ†вАФone of those strong, hardy men whom he had seen loitering about during the day and who might even at this moment be sounding a local alarm that would bring a score of such men to the work of hunting for him this very night! A man hunt! And they would take him back and no one would ever believe that he had not intentionally struck her! They might even lynch him before he could so much as secure a fair trial. It was possible. It had been done. A rope around his neck. Or shot down in these woods, maybe. And without an opportunity to explain how it had all come aboutвБ†вАФhow harried and tortured he had been by her for so long. They would never understand that.
And so thinking he hurried faster and fasterвБ†вАФas fast as strong and serried and brambly young firs and dead branches that cracked most ominously at times would permit, thinking always as he went that the road to Three Mile Bay must be to his right hand, the moon to his left when it should rise.
But, God, what was that?
Oh, that terrible sound!
Like a whimpering, screeching spirit in this dark!
There!
What was it?
He dropped his bag and in a cold sweat sunk down, crouching behind a tall, thick tree, rigid and motionless with fear.
That sound!
But only a screech-owl! He had heard it several weeks before at the Cranston lodge. But here! In this wood! This dark! He must be getting on and out of here. There was no doubt of that. He must not be thinking such horrible, fearful thoughts, or he would not be able to keep up his strength or courage at all.
But that look in the eyes of Roberta! That last appealing look! God! He could not keep from seeing it! Her mournful, terrible screams! Could he not cease from hearing themвБ†вАФuntil he got out of here anyhow?
Had she understood, when he struck her, that it was not intentionalвБ†вАФa mere gesture of anger and protest? Did she know that now, wherever she wasвБ†вАФin the bottom of the lakeвБ†вАФor here in the dark of these woods beside him, mayhap? Ghosts! Hers. But he must get out of thisвБ†вАФout of this! He mustвБ†вАФand yet the safety of these woods, too. He must not be too brash in stepping out into any road, either. Pedestrians! People in search of him, maybe! But did people really live after death? Were there ghosts? And did they know the truth? Then she must knowвБ†вАФbut how he plotted before that, too. And what would she think of that! And was she here now reproachfully and gloomily pursuing him with mistaken accusations, as true as it might be that he had intended to kill her at first? He had! He had! And that was the great sin, of course. Even though he had not killed her, yet something had done it for him! That was true.
But ghostsвБ†вАФGodвБ†вАФspirits that might pursue you after they were dead, seeking to expose and punish youвБ†вАФseeking to set people on your track, maybe! Who could tell? His mother had confessed to him and Frank and Esta and Julia that she believed in ghosts.
And then at last the moon, after three such hours of stumbling, listening, waiting, perspiring, trembling. No one in sight now, thank God! And the stars overheadвБ†вАФbright and yet soft, as at Pine Point where Sondra was. If she could see him now, slipping away from Roberta dead in that lake, his own hat upon the waters there! If she could have heard RobertaвАЩs cries! How strange, that never, never, never would he be able to tell her that because of her, her beauty, his passion for her and all that she had come to mean to him, he had been able toвБ†вАКвБ†вА¶ toвБ†вАКвБ†вА¶ toвБ†вАКвБ†вА¶ well, attempt this terrible thingвБ†вАФkill a girl whom once he had loved. And all his life he would have this with him, nowвБ†вАФthis thought! He would never be able to shake it offвБ†вАФnever, never, never. And he had not thought of that, before. It was a terrible thing in its way, just that, wasnвАЩt it?
But then suddenly there in the dark, at about eleven oвАЩclock, as he afterwards guessed, the water having stopped his watch, and after he had reached the high road to the westвБ†вАФand walked a mile or twoвБ†вАФthose three men, quick, like ghosts coming out of the shadow of the woods. He thought at first that having seen him at the moment he had struck Roberta or the moment afterward, they had now come to take him. The sweating horror of that moment! And that boy who had held up the light the better to see his face. And no doubt he had evinced most suspicious fear and perturbation, since at the moment he was most deeply brooding on all that had happened, terrorized really by the thought that somehow, in some way, he had left some clue that might lead directly to him. And he did jump back, feeling that these were men sent to seize him. But at that moment, the foremost, a tall, bony man, without appearing to be more than amused at his obvious cowardice, had called, вАЬHowdy, stranger!вАЭ while the youngest, without appearing to be suspicious at all, had stepped forward and then turned up the light. And it was then that he had begun to understand that they were just countrymen or guidesвБ†вАФnot a posse in pursuit of himвБ†вАФand that if he were calm and civil they would have no least suspicion that he was the murderer that he was.
But afterward he had said to himselfвБ†вАФвАЬBut they will remember me, walking along this lonely road at this hour with this bag, wonвАЩt they?вАЭ And so at once he had decided that he must hurryвБ†вАФhurryвБ†вАФand not be seen by any others anywhere there.
Then, hours later and just as the moon was lowering toward the west, a sickly yellow pallor overspreading the woods and making the night even more wretched and wearisome, he had come to Three Mile Bay itselfвБ†вАФa small collection of native and summer cottages nestling at the northernmost end of what was known as the Indian Chain. And in it, as he could see from a bend in the road, a few pale lights still twinkling. Stores. Houses. Street lamps. But all dim in the pale lightвБ†вАФso dim and eerie to him. One thing was plainвБ†вАФat this hour and dressed as he was and with his bag in hand, he could not enter there. That would be to fix curiosity as well as suspicion on him, assuredly, if anyone was still about. And as the launch that ran between this place and Sharon, from whence he would proceed to Pine Point, did not leave until eight-thirty, he must hide away in the meantime and make himself as presentable as possible.
And accordingly reentering a thicket of pines that descended to the very borders of the town, there to wait until morning, being able to tell by a small clock-face which showed upon the sides of a small church tower, when the hour for emerging had arrived. But, in the interim debatingвБ†вАФвАЬWas it wise so to do?вАЭ For who might not be here to wait for him? Those three menвБ†вАФor someone else who might have seen?вБ†вАФOr an officer, notified from somewhere else. Yet deciding after a time that it was best to go just the same. For to stalk along in the woods west of this lakeвБ†вАФand by night rather than dayвБ†вАФseeing that by day he might be seen, and when by taking this boat he could reach in an hour and a halfвБ†вАФor two hours at the mostвБ†вАФthe Cranston lodge at Sharon, whereas by walking he would not arrive until tomorrowвБ†вАФwas not that unwise, more dangerous? Besides, he had promised Sondra and Bertine that he would be there Tuesday. And here it was Friday! Again, by tomorrow, might not a hue and cry be onвБ†вАФhis description sent here and thereвБ†вАФwhereas this morningвБ†вАФwell, how could Roberta have been found as yet? No, no. Better this way. For who knew him hereвБ†вАФor could identify him as yet with either Carl Graham or Clifford Golden. Best go this wayвБ†вАФspeedily, before anything else in connection with her developed. Yes, yes. And finally, the clock-hands pointing to eight-ten, making his way out, his heart beating heavily as he did so.
At the foot of this street was the launch which steamed from here to Sharon. And as he loitered he observed the bus from Raquette Lake approaching. It now occurred to him, if he encountered anyone he knew on the steamer dock or boat, could he not say that he was fresh from Raquette Lake, where Sondra, as well as Bertine, had many friends, or in case they themselves came down on the boat, that he had been there the day before. What matter whose name or lodge he mentionedвБ†вАФan invented one, if need be.
And so, at last, making his way to the boat and boarding it. And later at Sharon, leaving it again and without, as he thought, appearing to attract any particular attention at either end. For, although there were some eleven passengers, all strangers to him, still no one other than a young country girl in a blue dress and a white straw hat, whom he guessed to be from this vicinity, appeared to pay any particular attention to him. And her glances were admiring rather than otherwise, although sufficient, because of his keen desire for secrecy, to cause him to retire to the rear of the boat, whereas the others appeared to prefer the forward deck. And once in Sharon, knowing that the majority were making for the railway station to catch the first morning train down, he followed briskly in their wake, only to turn into the nearest lunchroom in order to break the trail, as he hoped. For although he had walked the long distance from Big Bittern to Three Mile Bay, and previously had rowed all afternoon, and merely made a pretense of eating the lunch which Roberta had prepared at Grass Lake, still even now he was not hungry. Then seeing a few passengers approaching from the station, yet none whom he knew, he joined these again as though just coming to the inn and launch from the train.
For at this time there had come to him the thought that this south train from Albany, as well as Utica being due here at this hour, it was only natural that he should seem to come on that. Pretending first, therefore, to be going to the station, yet stopping en route to telephone Bertine and Sondra that he was here, and being assured that a car rather than a launch would be sent for him, he explained that he would be waiting on the west veranda of the inn. En route also he stopped at a news stand for a morning paper, although he knew there could be nothing in it as yet. And he had barely crossed to the veranda of the inn and seated himself before the Cranston car approached.
And in response to the greeting of the Cranston family chauffeur, whom he knew well, and who smiled most welcomingly, he was now able to achieve a seemingly easy and genial smile, though still inwardly troubled by his great dread. For no doubt by now, as he persistently argued with himself, the three men whom he had met had reached Big Bittern. And by now both Roberta and he must assuredly have been missed, and maybe, who knows, the upturned boat with his hat and her veil discovered! If so, might they not have already reported that they had seen such a man as himself, carrying a bag, and making his way to the south in the night? And, if so, would not that, regardless of whether the body was found or not, cause them to become dubious as to whether a double drowning had occurred? And supposing by some strange chance her body should come to the surface? Then what? And might there not be a mark left by that hard blow he had given her? If so, would they not suspect murder, and his body not coming up and those men describing the man they had seen, would not Clifford Golden or Carl Graham be suspected of murder?
But neither Clifford Golden nor Carl Graham were Clyde Griffiths by any means. And they could not possibly identify Clyde GriffithsвБ†вАФwith either Clifford Golden or Carl Graham. For had he not taken every precaution, even searching through RobertaвАЩs bag and purse there at Grass Lake while at his request after breakfast she had gone back to see about the lunch? Had he not? True, he had found those two letters from that girl, Theresa Bouser, addressed to Roberta at Biltz, and he had destroyed them before ever leaving for Gun Lodge. And as for that toilet set in its original case, with the label вАЬWhitely-LycurgusвАЭ on it, while it was true that he had been compelled to leave that, still might not anyoneвБ†вАФMrs.¬†Clifford Golden, or Mrs.¬†Carl GrahamвБ†вАФhave bought that in WhitelyвАЩs, and so without the possibility of its being traced to him? Assuredly. And as for her clothes, even assuming that they did go to prove her identity, would it not be assumed, by her parents as well as others, that she had gone on this trip with a strange man by the name of Golden or Graham, and would they not want that hushed up without further ado? At any rate, he would hope for the bestвБ†вАФkeep up his nerve, put on a strong, pleasant, cheerful front here, so that no one would think of him as the one, since he had not actually killed her, anyhow.
Here he was in this fine car. And Sondra, as well as Bertine, waiting for him. He would have to say that he was just up from AlbanyвБ†вАФhad been on some errand over there for his uncle which had taken all of this time since Tuesday. And while he should be blissfully happy with Sondra, still here were all of those dreadful things of which now all of the time he would be compelled to think. The danger that in some inadvertent way he had not quite covered all the tracks that might lead to him. And if he had not! Exposure! Arrest! Perhaps a hasty and unjust convictionвБ†вАФpunishment, even! Unless he was able to explain about that accidental blow. The end of all his dreams in connection with SondraвБ†вАФLycurgusвБ†вАФthe great life that he had hoped for himself. But could he explain as to that? Could he? God!
VII
From Friday morning until the following Tuesday noon, moving amid such scenes as previously had so exhilarated and enthralled him, Clyde was now compelled to suffer the most frightful fears and dreads. For, although met by Sondra, as well as Bertine, at the door of the Cranston lodge, and shown by them to the room he was to occupy, he could not help but contrast every present delight here with the danger of his immediate and complete destruction.
As he had entered, Sondra had poutingly whispered, so that Bertine might not hear: вАЬBaddie! Staying down there a whole week when you might have been up here. And Sondra planning everything for you! You ought to have a good spanking. I was going to call up today to see where you were.вАЭ Yet at the same time her eyes conveying the infatuation that now dominated her.
And he, in spite of his troubled thoughts achieving a gay smileвБ†вАФfor once in her presence even the terror of RobertaвАЩs death, his own present danger appeared to dwindle. If only all went well, nowвБ†вАФnothing were traced to him! A clear path! A marvelous future! Her beauty! Her love! Her wealth. And yet, after being ushered to his room, his bag having been carried in before him, at once becoming nervous as to the suit. It was damp and wrinkled. He must hide it on one of the upper shelves of a closet, maybe. And the moment he was alone and the door locked, taking it out, wet and wrinkled, the mud of the shores of Big Bittern still about the legsвБ†вАФyet deciding perhaps notвБ†вАФperhaps he had better keep it locked in his bag until night when he could better decide what to do. Yet tying up in a single bundle, in order to have them laundered, other odds and ends he had worn that day. And, as he did so, terribly, sickeningly conscious of the mystery and drama as well as the pathos of his lifeвБ†вАФall he had contacted since his arrival in the east, how little he had in his youth. How little he had now, really. The spaciousness and grandeur of this room as contrasted with the one he occupied in Lycurgus. The strangeness of his being here at all after yesterday. The blue waters of this bright lake without as contrasted with the darker ones of Big Bittern. And on the greensward that reached from this bright, strong, rambling house, with its wide veranda and striped awnings to the shore of the lake itself, Stuart Finchley and Violet Taylor, together with Frank Harriet and Wynette Phant, in the smartest of sport clothes, playing tennis, while Bertine and Harley Baggott tolled in the shade of a striped marquee swing.
And, he himself, after bathing and dressing, assuming a jocular air although his nerves remained tense and his mood apprehensive. And then descending to where Sondra and Burchard Taylor and Jill Trumbull were laughing over some amusing experiences in connection with motorboating the day before. Jill Trumbull called to him as he came out: вАЬHello, Clyde! Been playing hookey or what? I havenвАЩt seen you in I donвАЩt know when.вАЭ And he, after smiling wistfully at Sondra, craving as never before her sympathy as well as her affection, drawing himself up on the railing of the veranda and replying, as smoothly as he could: вАЬBeen working over at Albany since Tuesday. Hot down there. ItвАЩs certainly fine to be up here today. WhoвАЩs all up?вАЭ And Jill Trumbull, smiling: вАЬOh, nearly everyone, I guess. I saw Vanda over at the RandallsвАЩ yesterday. And Scott wrote Bertine he was coming to the Point next Tuesday. It looks to me as though no one was going over to Greenwood much this year.вАЭ And then a long and intense discussion as to why Greenwood was no longer what it had been. And then Sondra exclaiming: вАЬThat reminds me! I have to phone Bella today. She promised to come up to that horse show over at Bristol week after next, sure.вАЭ And then more talk of horses and dogs. And Clyde, listening intently in his anxiety to seem an integral part of it all, yet brooding on all that so desperately concerned him. Those three men. Roberta. Maybe they had found her body by nowвБ†вАФwho could tell, yet saying to himselfвБ†вАФwhy so fearsome? Was it likely that in that depth of waterвБ†вАФfifty feet maybe, for all he knewвБ†вАФthat they would find her? Or that they could ever identify him with Clifford Golden or Carl Graham? How could they? HadnвАЩt he really and truly covered his tracks except for those three men? Those three men! He shivered, as with cold, in spite of himself.
And then Sondra, sensing a note of depression about him. (She had determined from his obvious lack of equipment on his first visit that perhaps the want of money was at the bottom of his present mood, and so proposed later this day to extract seventy-five dollars from her purse and force that upon him in order that at no point where petty expenditures should be required, should he feel the least bit embarrassed during his stay this time.) And after a few moments, thinking of the short golf course, with its variety of concealing hazards for unseen kisses and embraces, she now jumped up with: вАЬWhoвАЩs for a mixed foursome? Come on, Jill, Clyde, Burch! IвАЩll bet Clyde and I can turn in a lower card than you two can!вАЭ
вАЬIвАЩll take that!вАЭ exclaimed Burchard Taylor, rising and straightening his yellow and blue striped sweater, вАЬeven if I didnвАЩt get in until four this morning. How about you, Jilly? If you want to make that for the lunches, Sonny, IвАЩll take it.вАЭ
And at once Clyde wincing and chilling, for he was thinking of the miserable twenty-five dollars left him from all his recent ghastly adventures. And a lunch for four here would cost not less than eight or ten dollars! Perhaps more. At the same time, Sondra, noting his expression, exclaimed: вАЬThatвАЩs a go!вАЭ and drawing near to Clyde tapped him gently with her toe, exclaiming: вАЬBut I have to change. IвАЩll be right down. In the meantime, Clyde, IвАЩll tell you what you doвБ†вАФgo and find Andrew and tell him to get the clubs, will you? We can go over in your boat, canвАЩt we, Burchy?вАЭ And Clyde, hurrying to find Andrew, and thinking of the probable cost of the lunch if he and Sondra were defeated, but being caught up with by Sondra and seized by the arm. вАЬWait a minute, honey, IвАЩll be right back.вАЭ Then dashing up the steps to her room, and in a moment down again, a handful of bills she had reserved shut tightly in her little fist: вАЬHere, darling, quick!вАЭ she whispered, taking hold of one of ClydeвАЩs coat pockets and putting the money into it. вАЬSsh! Not a word, now! Hurry! ItвАЩs to pay for the lunch in case we lose, and some other things. IвАЩll tell you afterwards. Oh, but I do love you, baby boy!вАЭ And then, her warm, brown eyes fixed on him for a moment in profound admiration, dashing up the stairs again, from where she called: вАЬDonвАЩt stand there, silly! Get the golf clubs! The golf clubs!вАЭ And she was gone.
And Clyde, feeling his pocket and realizing that she had given him muchвБ†вАФplenty, no doubt, for all of his needs while here, as well as to escape if need be. And exclaiming to himself: вАЬDarling!вАЭ вАЬBaby girl!вАЭ His beautiful, warm, generous Sondra! She loved him soвБ†вАФtruly loved him. But if ever she should find out! Oh, God! And yet all for her, if she only knew. All for her! And then finding Andrew and returning with him carrying the bags.
And here was Sondra again, dancing down in a smart green knitted sports costume. And Jill in a new cap and blouse which made her look like a jockey, laughing at Burchard who was at the wheel of the boat. And Sondra calling back to Bertine and Harley Baggott in the swing as she was passing: вАЬHey, fellows! You wonвАЩt come, eh?вАЭ
вАЬWhere?вАЭ
вАЬCasino Golf Club.вАЭ
вАЬOh, too far. See you after lunch on the beach, though.вАЭ
And then Burchard shooting the boat out in the lake with a whir that set it bounding like a porpoiseвБ†вАФand Clyde gazing half in a dream, half delight and hope and the other half a cloud of shadow and terror, with arrest and death, maybe, stalking close behind. For in spite of all his preliminary planning, he was beginning to feel that he had made a mistake in openly coming out of the wood this morning. And yet had it not been best, since the only alternative was that of remaining there by day and coming out at night and following the shore road on foot to Sharon? That would have required two or three days. And Sondra, anxious as well as curious about the delay, might have telephoned to Lycurgus, thereby raising some question in regard to him which might have proved dangerous later might it not?
But here now, this bright day, with seemingly no cares of any kind, for these others at least, however dark and bleak his own background might be. And Sondra, all gayety because of his presence, now jumping up, her bright scarf held aloft in one hand like a pennant, and exclaiming foolishly and gayly: вАЬCleopatra sailing to meetвБ†вАФto meetвБ†вАФwho was it she was sailing to meet, anyhow?вАЭ
вАЬCharlie Chaplin,вАЭ volunteered Taylor, at the same time proceeding to ricochet the boat as roughly and erratically as possible in order to make her lose her balance.
вАЬOh, you silly!вАЭ returned Sondra, spreading her feet sufficiently apart to maintain her equilibrium, and adding for the benefit of Burchard: вАЬNo, you donвАЩt either, Burchy,вАЭ then continuing: вАЬCleopatra sailing, a-a-oh, I know, aquaplaning,вАЭ and throwing her head back and her arms wide, while the boat continued to jump and lurch like a frightened horse.
вАЬSee if you can upset me now, Burchy,вАЭ she called.
And Burchard, throwing the boat from side to side as swiftly as he dared, with Jill Trumbull, anxious for her own safety, calling: вАЬOh, say, what do you want to do? Drown us all?вАЭ at which Clyde winced and blanched as though struck.
At once he felt sick, weak. He had never imagined that it was going to be like this; that he was going to suffer so. He had imagined that it was all going to be different. And yet here he was, blanching at every accidental and unintended word! Why, if he were put to any real testвБ†вАФan officer descending on him unexpectedly and asking him where he had been yesterday and what he knew of RobertaвАЩs deathвБ†вАФwhy, he would mumble, shiver, not be able to talk, maybeвБ†вАФand so give his whole case away wouldnвАЩt he! He must brace up, try to look natural, happyвБ†вАФmustnвАЩt heвБ†вАФfor this first day at least.
Fortunately in the speed and excitement of the play, the others seemed not to notice the startling effect of the remark upon him, and he managed by degrees to recover his outward composure. Then the launch approached the Casino and Sondra, wishing to execute some last showy stunt, jumped up and catching the rail pulled herself up, while the boat rolled past only to reverse later. And Clyde, because of a happy smile in his direction, was seized by an uncontrollable desire for herвБ†вАФher love, sympathy, generosity, courage. And so now, to match her smiles, he jumped up and after assisting Jill to the steps, quickly climbed up after her, pretending a gayety and enthusiasm that was as hollow inwardly as outwardly it was accurate.
вАЬGee! Some athlete you are!вАЭ
And then on the links a little later with her, and under her guidance and direction, playing as successful a game as it was possible with his little experience and as troubled as he was. And she, because of the great delight of having him all to herself in shadowy hazards where they might kiss and embrace, beginning to tell him of a proposed camping trip which she, Frank Harriet, Wynette Phant, Burchard Taylor, her brother Stuart, Grant Cranston and Bertine, as well as Harley Baggott, Perley Haynes, Jill Trumbull and Violet Taylor, had been organizing for a week, and which was to begin on the morrow afternoon, with a motor trip thirty miles up the lake and then forty miles east to a lake known as Bear, along which, with tents and equipment, they were to canoe to certain beaches and scenes known only to Harley and Frank. Different days, different points. The boys would kill squirrels and catch fish for food. Also there would be moonlight trips to an inn that could be reached by boat, so they said. A servant or two or three from different homes was to accompany them, as well as a chaperon or two. But, oh, the walks in the woods! The opportunities for loveвБ†вАФcanoe trips on the lakeвБ†вАФhours of uninterrupted lovemaking for at least a week!
In spite of all that had occurred thus far to give him pause, he could not help thinking that whatever happened, was it not best to go? How wonderful to have her love him so! And what else here could he do? It would take him out of this, would it notвБ†вАФfarther and farther from the scene of theвБ†вАФof theвБ†вАФaccident and in case anyone were looking for anyone who looked like him, for instanceвБ†вАФwell, he would not be around where he could be seen and commented upon. Those three men.
Yet, as it now instantly occurred to him, under no circumstances must he leave here without first finding out as definitely as possible whether anyone was as yet suspected. And once at the Casino, and for the moment left alone, he learned on inquiring at the news stand that there would be no Albany, Utica, or any local afternoon paper there until seven or seven-thirty. He must wait until then to know.
And so although after the lunch there was swimming and dancing, then a return to the Cranstons with Harley Baggott and BertineвБ†вАФSondra going to Pine Point, with an agreement to meet him afterwards at the HarrietsвАЩ for dinnerвБ†вАФstill his mind was on the business of getting these papers at the first possible opportunity. Yet unless, as he now saw, he was so fortunate as to be able to stop on his way from the CranstonsвАЩ to the HarrietsвАЩ and so obtain one or all, he must manage to come over to this Casino in the morning before leaving for Bear Lake. He must have them. He must know what, if anything, was either being said or done so far in regard to that drowned couple.
But on his way to HarrietsвАЩ he was not able to get the papers. They had not come. And none at the HarrietsвАЩ either, when he first arrived. Yet sitting on the veranda about a half hour later, talking with the others although brooding as to all this, Sondra herself appeared and said: вАЬOh, say, people! IвАЩve got something to tell you. Two people were drowned this morning or yesterday up at Big Bittern, so Blanche Locke was telling me just now over the phone. SheвАЩs up at Three Mile Bay today and she says theyвАЩve found the body of the girl but not the man yet. They were drowned in the south part of the lake somewhere, she said.вАЭ
At once Clyde sat up, rigid and white, his lips a bloodless line, his eyes fixed not on anything here but rather the distant scene at Big BitternвБ†вАФthe tall pines, the dark water closing over Roberta. Then they had found her body. And now would they believe that his body was down there, too, as he had planned? But, listen! He must hear in spite of his dizziness.
вАЬGee, thatвАЩs tough!вАЭ observed Burchard Taylor, stopping his strumming on a mandolin. вАЬAnybody we know?вАЭ
вАЬShe says she didnвАЩt hear yet.вАЭ
вАЬI never did like that lake,вАЭ put in Frank Harriet. вАЬItвАЩs too lonely. Dad and I and Mr.¬†Randall were up there fishing last summer, but we didnвАЩt stay long. ItвАЩs too gloomy.вАЭ
вАЬWe were up there three weeks agoвБ†вАФdonвАЩt you remember, Sondra?вАЭ added Harley Baggott. вАЬYou didnвАЩt care for it.вАЭ
вАЬYes, I remember,вАЭ replied Sondra. вАЬA dreadfully lonely place. I canвАЩt imagine anyone wanting to go up there for anything.вАЭ
вАЬWell, I only hope it isnвАЩt anyone we know from around here,вАЭ added Burchard, thoughtfully. вАЬIt would put a crimp in the fun around here for a while, anyhow.вАЭ
And Clyde unconsciously wet his dry lips with his tongue and swallowed to moisten his already dry throat.
вАЬI donвАЩt suppose any of todayвАЩs papers would have anything about it yet. Has anyone looked?вАЭ inquired Wynette Phant, who had not heard SondraвАЩs opening remark.
вАЬThere ainвАЩt no papers,вАЭ commented Burchard Taylor. вАЬBesides, itвАЩs not likely yet, didnвАЩt Sondra say she just heard it from Blanche Locke over the phone? SheвАЩs up near there.вАЭ
вАЬOh, yes, thatвАЩs right.вАЭ
And yet might not that small local afternoon paper of SharonвБ†вАФThe Banner, wasnвАЩt itвБ†вАФhave something as to this? If only he could see it yet tonight!
But another thought! For HeavenвАЩs sake! It came to him now for the first time. His footprints! Were there any in the mud of that shore? He had not even stopped to look, climbing out so hastily as he did. And might there not have been? And then would they not know and proceed to follow himвБ†вАФthe man those three men saw? Clifford Golden! That ride down this morning. His going out to the CranstonsвАЩ in their car. That wet suit over in the room at the CranstonsвАЩ! Had anyone in his absence been in his room as yet to look, examine, inquireвБ†вАФopen his bag, maybe? An officer? God! It was there in his bag. But why in his bag or anywhere else near him now? Why had he not hidden it before thisвБ†вАФthrown it in the lake here, maybe, with a stone in it? That would keep it down. God! What was he thinking in the face of such a desperate situation as this? Supposing he did need the suit!
He was now up, standingвБ†вАФmentally and physically frozen reallyвБ†вАФhis eyes touched with a stony glaze for the moment. He must get out of here. He must go back there, at once, and dispose of that suitвБ†вАФdrop it in the lakeвБ†вАФhide it somewhere in those woods beyond the house! And yetвБ†вАФhe could not do that so swiftly, eitherвБ†вАФleave so instantly after this light conversation about the drowning of those two people. How would that look?
And as instantly there came the thoughtвБ†вАФnoвБ†вАФbe calmвБ†вАФshow no trace of excitement of any kind, if you can manage itвБ†вАФappear coolвБ†вАФmake some unimportant remark, if you can.
And so now, mustering what nervous strength he had, and drawing near to Sondra, he said: вАЬToo bad, eh?вАЭ Yet in a voice that for all its thinly-achieved normality was on the borderline of shaking and trembling. His knees and his hands, also.
вАЬYes, it certainly is,вАЭ replied Sondra, turning to him alone now. вАЬI always hate to hear of anything like that, donвАЩt you? Mother worries so about Stuart and me fooling around these lakes as it is.вАЭ
вАЬYes, I know.вАЭ His voice was thick and heavy. He could scarcely form the words. They were smothered, choked. His lips tightened to a thinner white line than before. His face grew paler still.
вАЬWhy, whatвАЩs the matter, Clydie?вАЭ Sondra asked, of a sudden, looking at him more closely. вАЬYou look so pale! Your eyes. Anything wrong? ArenвАЩt you feeling well tonight, or is it this light out here?вАЭ
She turned to look at some of the others in order to make sure, then back at him. And he, feeling the extreme importance of looking anything but the way she was describing him now drew himself up as best he could, and replied: вАЬOh, no. It must be the light, I guess. Sure, itвАЩs the light. I hadвБ†вАФaвБ†вАФa hard day yesterday, thatвАЩs all. I shouldnвАЩt have come over tonight, I suppose.вАЭ And then achieving the weirdest and most impossible of smiles. And Sondra, gazing most sympathetically, adding: вАЬWas he so tired? My Clydie-mydie boy, after his work yesterday. Why didnвАЩt my baby boy tell me that this morning instead of doing all that we did today? Want me to get Frank to run you down to the CranstonsвАЩ now? Or maybe youвАЩd like to go up in his room and lie down? He wonвАЩt mind, I know. Shall I ask him?вАЭ
She turned as if to speak to Frank, but Clyde, all but panic-stricken by this latest suggestion, and yet angling for an excuse to leave, exclaimed earnestly and yet shakily: вАЬPlease, please donвАЩt, darling. IвБ†вАФIвБ†вАФdonвАЩt want you to. IвАЩll be all right. IвАЩll go up after a bit if I want to, or maybe home a little early, if youвАЩre going after a while, but not now. IвАЩm not feeling as good as I should, but IвАЩll be all right.вАЭ
Sondra, because of his strained and as she now fancied almost peevish tone, desisted with: вАЬAll right, honey. All right. But if you donвАЩt feel well, I wish you would let me get Frank to take you down or go upstairs. He wonвАЩt mind. And then after a whileвБ†вАФabout ten-thirtyвБ†вАФIвАЩll excuse myself and you can go down with me to your place. IвАЩll take you there before I go home and whoever else wants to go. WonвАЩt my baby boy do something like that?вАЭ
And Clyde saying: вАЬWell, I think IвАЩll go up and get a drink, anyhow.вАЭ And disappearing in one of the spacious baths of the Harriet home, locking the door and sitting down and thinking, thinkingвБ†вАФof RobertaвАЩs body recovered, of the possibilities of a bruise of some kind, of the possibility of the print of his own feet in the mud and sandy loam of the shore; of that suit over at the CranstonsвАЩ, the men in the wood, RobertaвАЩs bag, hat and coat, his own liningless hat left on the waterвБ†вАФand wondering what next to do. How to act! How to talk! Whether to go downstairs to Sondra now and persuade her to go, or whether to stay and suffer and agonize? And what would the morrowвАЩs papers reveal? What? What? And was it wise, in case there was any news which would make it look as though eventually he was to be sought after, or in any way connected with this, to go on that proposed camping trip tomorrow! Or, wiser, to run away from here? He had some money now. He could go to New York, Boston, New Orleans where Ratterer wasвБ†вАФbut oh, noвБ†вАФnot where anyone knew him.
Oh, God! The folly of all his planning in connection with all this to date! The flaws! Had he ever really planned it right from the start? Had he ever really imagined, for instance, that RobertaвАЩs body would be found in that deep water? And yet, here it wasвБ†вАФrisen so soonвБ†вАФthis first dayвБ†вАФto testify against him! And although he had signed as he had on those registers up there, was it not possible now, on account of those three men and that girl on that boat, for him to be traced? He must think, think, think! And get out of here as soon as possible, before anything really fatal in connection with that suit should happen.
Growing momentarily weaker and more terrorized, he now decided to return to Sondra below, and say that he was really feeling quite sick and that if she did not object he would prefer to go home with her, if she could arrange it. And consequently, at ten-thirty, when the evening still had hours to go, Sondra announced to Burchard that she was not feeling well and would he run her and Clyde and Jill down to her place, but that she would see them all on the morrow in time for the proposed departure for Bear Lake.
And Clyde, though brooding as to whether this early leaving on his part was not another of those wretched errors which had seemed to mark every step of this desperate and murderous scheme so far, finally entering the swift launch and being raced to the Cranston lodge in no time. And once there, excusing himself to Burchard and Sondra as nonchalantly and apologetically as might be, and then hurrying to his own room only to find the suit as he had left itвБ†вАФno least evidence that anyone had been there to disturb the serenity of his chamber. Just the same, nervously and suspiciously, he now took it out and tied it up, and then waiting and listening for a silent moment in which to slip from the house unobservedвБ†вАФfinally ambled out as though going for a short walk. And then, by the shore of the lakeвБ†вАФabout a quarter of a mile distant from the houseвБ†вАФseeking out a heavy stone and tying the suit to that. And then throwing it out into the water, as far as his strength would permit. And then returning, as silently and gloomily and nervously as he had gone, and brooding and brooding as to what the morrow might reveal and what, if any appeared to question him, he would say.
VIII
The morrow dawned after an all but sleepless night, harrowed by the most torturesome dreams in regard to Roberta, men who arrived to arrest him, and the hike, until at last he arose, his nerves and eyes aching. Then, venturing to come downstairs about an hour later, he saw Frederick, the chauffeur who had driven him out the day before, getting one of the cars out. And thereupon instructing him to bring all the morning Albany and Utica papers. And about nine-thirty, when he returned, proceeding to his room with them, where, locking the door and spreading one of the papers before him, he was immediately confronted by the startling headlines:
Mystery in girlвАЩs death
Body found yesterday in Adirondack Lake
Man companion missing
And at once strained and white he sat down in one of the chairs near the window and began to read:
Bridgeburg, NY, July 9.вБ†вАФThe body of an unknown girl, presumably the wife of a young man who registered first on Wednesday morning at Grass Lake Inn, Grass Lake, NY, as Carl Graham and wife, and later, Thursday noon, at Big Bittern Lodge, Big Bittern, as Clifford Golden and wife was taken from the waters of the south end of Big Bittern just before noon yesterday. Because of an upturned boat, as well as a manвАЩs straw hat found floating on the water in Moon Cove, dredging with hooks and lines had been going on all morningвБ†вАКвБ†вА¶ Up to seven oвАЩclock last evening, however, the body of the man had not as yet been recovered, and according to Coroner Heit of Bridgeburg, who by two oвАЩclock had been summoned to the scene of the tragedy, it was not considered at all likely that it would be. Several marks and abrasions found upon the dead girlвАЩs head and face, as well as the testimony of three men who arrived on the scene while the search was still on and testified to having met a young man who answered to the description of Golden or Graham in the woods to the south of the lake the night before, caused many to conclude that a murder had been committed and that the murderer was seeking to make his escape.
The girlвАЩs brown leather traveling bag, as well as a hat and coat belonging to her, were left, the bag in the ticket agentвАЩs room at Gun Lodge, which is the railway station five miles east of Big Bittern, and the hat and coat in the coatroom of the inn at the Lake, whereas Graham or Golden is said to have taken his suitcase with him into the boat.
According to the innkeeper at Big Bittern, the couple on their arrival registered as Clifford Golden and wife of Albany. They remained in the inn but a few minutes before Golden walked to the boat-landing just outside and procured a light boat, in which, accompanied by the girl and his suitcase, he went out on the lake. They did not return, and yesterday morning the boat was found bottomside up in what is known as Moon Cove, a small bay or extension at the extreme south end of the lake, from the waters of which soon afterwards the body of the young woman was recovered. As there are no known rocks in the lake at that point, and the wounds upon the face are quite marked, suspicion was at once aroused that the girl might have been unfairly dealt with. This, together with the testimony of the three men, as well as the fact that a manвАЩs straw hat found nearby contained no lining or other method of identification, has caused Coroner Heit to assert that unless the body of the man is found he will assume that murder has been committed.
Golden or Graham, as described by innkeepers and guests and guides at Grass Lake and Big Bittern, is not more than twenty-four or twenty-five years of age, slender, dark, and not more than five feet eight or nine inches tall. At the time he arrived he was dressed in a light gray suit, tan shoes, and a straw hat and carried a brown suitcase to which was attached an umbrella and some other object, presumably a cane.
The hat and coat left by the girl at the inn were of dark and light tan respectively, her dress a dark blue.
Notice has been sent to all railroad stations in this vicinity to be on the lookout for Golden, or Graham, in order that he may be arrested if he is alive and attempts to make his escape. The body of the drowned girl is to be removed to Bridgeburg, the county seat of this county, where an inquest is later to be held.
In frozen silence he sat and pondered. For would not the news of such a dastardly murder as this now appeared to be, together with the fact that it had been committed in this immediate vicinity, stir up such marked excitement as to cause manyвБ†вАФperhaps allвБ†вАФto scan all goers and comers everywhere in the hope of detecting the one who had thus been described? Might it not be better, therefore, since they were so close on his trail already, if he were to go to the authorities at Big Bittern or here and make a clean breast of all that had thus far occurred, the original plot and the reasons therefor, only explaining how at the very last he had not really killed herвБ†вАФhad experienced a change of heart and had not been able to do as he had planned? But, no. That would be to give away to Sondra and the Griffiths all that had been going on between him and RobertaвБ†вАФand before it was absolutely certain that all was ended for him here. And besides, would they believe him now, after that flightвБ†вАФthose reported wounds? Did it not really look as though he had killed her, regardless of how he might try to explain that he had not?
It was not unlikely also that at least some among all those who had seen him would be able to detect him from this printed description, even though he no longer wore the gray suit or the straw hat. God! They were looking for him, or rather for that Clifford Golden or Carl Graham who looked like him, in order to charge him with murder! But if he looked exactly like Clifford Golden and those three men came! He began to shiver. And worse yet. A new and horrible thought, thisвБ†вАФand at this instant, and for the first time flashing upon his mindвБ†вАФthe similarity of those initials to his own! He had never thought of them in an unfavorable light before, but now he could see that they were detrimental. Why was it that he had never thought of that before? Why was it? Why was it? Oh, God!
Just then a telephone call for him came from Sondra. It was announced as from her. Yet even so he was compelled to brace himself in order to make even an acceptable showing, vocally. How was her sick boy this morning? Any better? How dreadful that illness last night to come on him so suddenly. Was he really all right now? And was he going to be able to go on the trip all right? That was fine. She had been so frightened and so worried all night for fear he might be too sick to want to go. But he was going, so everything was all right again now. Darling! Precious baby! Did her baby boy love her so? She was just sure that the trip would do him a lot of good. But until noon, now, dear, she would be using all her spare time getting ready, but at one, or one-thirty, everybody would be at the Casino pier. And thenвБ†вАФoh, my! Ho! for a great old time up there! He was to come with Bertine and Grant and whoever else was coming from there, and then at the pier he could change to StuartвАЩs launch. They were certain to have so much funвБ†вАФjust loads of itвБ†вАФbut just now she would have to go. Bye-bye!
And once more like a bright-colored bird she was gone.
But three hours to wait before he could leave here and so avoid the danger of encountering anyone who might be looking for Clifford Golden or Carl Graham! Still until then he could walk up the lake shore into the woods, couldnвАЩt he?вБ†вАФor sit below, his bag all packed, and watch who, if anybody, might approach along the long-winding path from the road or by launch across the lake. And if he saw anyone who looked at all suspicious, he could take flight, could he not? And afterwards doing just thatвБ†вАФfirst walking away into the woods and looking back, as might a hunted animal. Then later returning and sitting or walking, but always watching, watching. (What man was that? What boat was that? Where was it going? Was it coming here, by any chance? Who was in it? Supposing an officerвБ†вАФa detective? Then flight, of courseвБ†вАФif there was still time.)
But, at last one oвАЩclock, and the Cranston launch, with Bertine and Harley and Wynette, as well as Grant and himself, setting out for the pier. And once there, joined by all who were going, together with the servants. And at Little Fish Inlet, thirty miles north, on the eastern shore, they were met by the cars of the Baggotts, Harriets and others, from where, with their goods and canoes, they were portaged forty miles east to Bear Lake, as lonely and as arresting almost as Big Bittern itself.
The joy of this trip if only that other thing were not hanging over him now. This exquisite pleasure of being near Sondra, her eyes constantly telling him how much she cared. And her spiritвАЩs flame so high because of his presence here with her now. And yet RobertaвАЩs body up! That search for Clifford GoldenвБ†вАФCarl Graham. His identical description wired as well as published everywhere. These othersвБ†вАФall of them in their boats and cars had probably read it. And yet, because of their familiarity with him and his connectionsвБ†вАФSondra, the GriffithsвБ†вАФnot suspecting himвБ†вАФnot thinking of the description even. But if they should! If they should guess! The horror! The flight! The exposure! The police! The first to desert himвБ†вАФtheseвБ†вАФall save Sondra perhaps. And even she, too. Yes, she, of course. The horror in her eyes.
And then that evening at sundown, on the west shore of this same lake, on an open sward that was as smooth as any well-kept lawn, the entire company settled, in five different colored tents ranged about a fire like an Indian village, with cooksвАЩ and servantsвАЩ tents in the distance. And the half dozen canoes beached like bright fish along the grassy shore of the lake. And then supper around an open fire. And Baggott and Harriet and Stuart and Grant, after furnishing music for the others to dance by, organizing by the flare of a large gasoline lamp, a poker game. And the others joining in singing ribald camping and college songs, no one of which Clyde knew, yet in which he tried to join. And shouts of laughter. And bets as to who would be the first to catch the first fish, to shoot the first squirrel or partridge, to win the first race. And lastly, solemn plans for moving the camp at least ten miles farther east, after breakfast, on the morrow where was an ideal beach, and where they would be within five miles of the Metissic Inn, and where they could dine and dance to their heartвАЩs content.
And then the silence and the beauty of this camp at night, after all had presumably gone to bed. The stars! The mystic, shadowy water, faintly rippling in a light wind, the mystic, shadowy pines conferring in the light breezes, the cries of night birds and owlsвБ†вАФtoo disturbing to Clyde to be listened to with anything but inward distress. The wonder and glory of all thisвБ†вАФif onlyвБ†вАФif only he were not stalked after, as by a skeleton, by the horror not only of what he had done in connection with Roberta but the danger and the power of the law that deemed him a murderer! And then Sondra, the others having gone to bedвБ†вАФor off into the shadowвБ†вАФstealing out for a few last words and kisses under the stars. And he whispering to her how happy he was, how grateful for all her love and faith, and at one point almost tempted to ask whether in case it should ever appear that he was not as good as she now seemed to imagine him, she would still love him a littleвБ†вАФnot hate him entirelyвБ†вАФyet refraining for fear that after that exhibition of terror the preceding night she might connect his present mood with that, or somehow with the horrible, destructive secret that was gnawing at his vitals.
And then afterwards, lying in the four-cot tent with Baggott, Harriet and Grant, listening nervously for hours for any prowling steps that might meanвБ†вАФthat might meanвБ†вАФGodвБ†вАФwhat might they not mean even up here?вБ†вАФthe law! arrest! exposure! Death. And waking twice in the night out of dread, destructive dreamsвБ†вАФand feeling as thoughвБ†вАФand fearingвБ†вАФthat he had cried out in his sleep.
But then the glory of the morning once moreвБ†вАФwith its rotund and yellow sun rising over the waters of the lakeвБ†вАФand in a cove across the lake wild ducks paddling about. And after a time Grant and Stuart and Harley, half-clad and with guns and a great show of fowling skill, foolishly setting forth in canoes in the hope of bagging some of the game with long distance shots, yet getting nothing, to the merriment of all the others. And the boys and girls, stealing out in bright-colored bathing suits and silken beach robes to the water, there to plunge gayly in and shout and clatter concerning the joy of it all. And breakfast at nine, with afterwards the gayety and beauty of the bright flotilla of canoes making eastward along the southern lake shore, banjos, guitars and mandolins strumming and voices raised in song, jest, laughter.
вАЬWhatever matter wissum sweet today? Face all dark. Cantum be happy out here wis Sondra and all these nicey good-baddies?вАЭ
And Clyde as instantly realizing that he must pretend to be gay and carefree.
And then Harley Baggott and Grant and Harriet at about noon announcing that thereвБ†вАФjust aheadвБ†вАФwas the fine beach they had in mindвБ†вАФthe Ramshorn, a spit of Land commanding from its highest point all the length and breadth of the lake. And with room on the shore below for all the tents and paraphernalia of the company. And then, throughout this warm, pleasant Sunday afternoon, the usual program of activitiesвБ†вАФlunching, swimming, dancing, walking, card-playing, music. And Clyde and Sondra, like other couples, stealing offвБ†вАФSondra with a mandolinвБ†вАФto a concealed rock far to the east of the camp, where in the shade of the pines they could lieвБ†вАФSondra in ClydeвАЩs armsвБ†вАФand talk of the things they were certain to do later, even though, as she now announced, Mrs.¬†Finchley was declaring that after this particular visit of ClydeвАЩs her daughter was to have nothing more to do with him in any such intimate social way as this particular trip gave opportunity for. He was too poorвБ†вАФtoo nondescript a relative of the Griffiths. (It was so that Sondra, yet in a more veiled way, described her mother as talking.) Yet adding: вАЬHow ridiculous, sweetum! But donвАЩt you mind. I just laughed and agreed because I donвАЩt want to aggravate her just now. But I did ask her how I was to avoid meeting you here or anywhere now since you are as popular as you are. My sweetum is so good-looking. Everybody thinks soвБ†вАФeven the boys.вАЭ
At this very hour, on the veranda of the Silver Inn at Sharon, District Attorney Mason, with his assistant Burton Burleigh, Coroner Heit and Earl Newcomb, and the redoubtable Sheriff Slack, paunched and scowling, yet genial enough in ordinary social intercourse, together with three assistantsвБ†вАФfirst, second and third deputies Kraut, Sissel and SwenkвБ†вАФconferring as to the best and most certain methods of immediate capture.
вАЬHe has gone to Bear Lake. We must follow and trap him before news reaches him in any way that he is wanted.вАЭ
And so they set forthвБ†вАФthis groupвБ†вАФBurleigh and Earl Newcomb about Sharon itself in order to gather such additional data as they might in connection with ClydeвАЩs arrival and departure from here for the CranstonsвАЩ on Friday, talking with and subpoenaing any such individuals as might throw any light on his movements; Heit to Three Mile Bay on much the same errand, to see Captain Mooney of the Cygnus and the three men and Mason, together with the sheriff and his deputies, in a high-powered launch chartered for the occasion, to follow the now known course of the only recently-departed camping party, first to Little Fish Inlet and from there, in case the trail proved sound, to Bear Lake.
And on Monday morning, while those at Ramshorn Point after breaking camp were already moving on toward Shelter Beach fourteen miles east, Mason, together with Slack and his three deputies, arriving at the camp deserted the morning before. And there, the sheriff and Mason taking counsel with each other and then dividing their forces so that in canoes commandeered from lone residents of the region they now proceeded, Mason and First Deputy Kraut along the south shore, Slack and Second Deputy Sissel along the north shore, while young Swenk, blazing with a desire to arrest and handcuff someone, yet posing for the occasion as a lone young hunter or woodsman, paddled directly east along the center of the lake in search of any informing smoke or fires or tents or individuals idling along the shores. And with great dreams of being the one to capture the murdererвБ†вАФI arrest you, Clyde Griffiths, in the name of the law!вБ†вАФyet because of instructions from Mason, as well as Slack, grieving that instead, should he detect any signs, being the furthermost outpost, he must, in order to avoid frightening the prey or losing him, turn on his track and from some point not so likely to be heard by the criminal fire one single shot from his eight-chambered repeater, whereupon whichever party chanced to be nearest would fire one shot in reply and then proceed as swiftly as possible in his direction. But under no circumstances was he to attempt to take the criminal alone, unless noting the departure by boat or on foot of a suspicious person who answered the description of Clyde.
At this very hour, Clyde, with Harley Baggott, Bertine and Sondra, in one of the canoes, paddling eastward along with the remainder of the flotilla, looking back and wondering. Supposing by now, some officer or someone had arrived at Sharon and was following him up here? For would it be hard to find where he had gone, supposing only that they knew his name?
But they did not know his name. Had not the items in the papers proved that? Why worry so always, especially on this utterly wonderful trip and when at last he and Sondra could be together again? And besides, was it not now possible for him to wander off by himself into these thinly populated woods along the shore to the eastward, toward that inn at the other end of the lakeвБ†вАФand not return? Had he not inquired most casually on Saturday afternoon of Harley Baggott as well as others as to whether there was a road south or east from the east end of the lake? And had he not learned there was?
And at last, at noon, Monday, reaching Shelter Beach, the third spot of beauty contemplated by the planners of this outing, where he helped to pitch the tents again while the girls played about.
Yet at the same hour, at the Ramshorn site, because of the ashes from their fires left upon the shore, young Swenk, most eagerly and enthusiastically, like some seeking animal, approaching and examining the same and then going onвБ†вАФswiftly. And but one hour later, Mason and Kraut, reconnoitering the same spot, but without either devoting more than a cursory glance, since it was obvious that the prey had moved farther on.
But then greater speed in paddling on the part of Swenk, until by four he arrived at Shelter Beach. And then, descrying as many as a half dozen people in the water in the distance, at once turning and retreating in the direction of the others in order to give the necessary signal. And some two miles back firing one shot, which in its turn was responded to by Mason as well as Sheriff Slack. Both parties had heard and were now paddling swiftly east.
At once Clyde in the waterвБ†вАФnear SondraвБ†вАФhearing this was made to wonder. The ominous quality of that first shot! Followed by those two additional signalsвБ†вАФfarther away, yet seemingly in answer to the first! And then the ominous silence thereafter! What was that? And with Harley Baggott jesting: вАЬListen to the guys shooting game out of season, will you. ItвАЩs against the law, isnвАЩt it?вАЭ
вАЬHey, you!вАЭ Grant Cranston shouted. вАЬThose are my ducks down there! Let вАЩem alone.вАЭ
вАЬIf they canвАЩt shoot any better than you, Granty, they will let вАЩem alone.вАЭ This from Bertine.
Clyde, while attempting to smile, looked in the direction of the sound and listened like a hunted animal.
What was it now that urged him to get out of the water and dress and run? Hurry! Hurry! To your tent! To the woods, quick! Until at last heeding this, and while most of the others were not looking, hurrying to his tent, changing to the one plain blue business suit and cap that he still possessed, then slipping into the woods back of the campвБ†вАФout of sight and hearing of all present until he should be able to think and determine, but keeping always safely inland out of the direct view of the water, for fearвБ†вАФfor fearвБ†вАФwho could tell exactly what those shots meant?
Yet Sondra! And her words of Saturday and yesterday and today. Could he leave her in this way, without being sure? Could he? Her kisses! Her dear assurances as to the future! What would she think nowвБ†вАФand those othersвБ†вАФin case he did not go back? The comment which was certain to be made in the Sharon and other papers in regard to this disappearance of his, and which was certain to identify him with this same Clifford Golden or Carl Graham! was it not?
Then reflecting alsoвБ†вАФthe possible groundlessness of these fears, based on nothing more, maybe, than the chance shots of passing hunters on the lake or in these woods. And then pausing and debating with himself whether to go on or not. Yet, oh, the comfort of these tall, pillared treesвБ†вАФthe softness and silence of these brown, carpeting needles on the groundвБ†вАФthe clumps and thickets of underbrush under which one could lie and hide until night should fall again. And then onвБ†вАФand on. But turning, none-the-less, with the intention of returning to the camp to see whether anyone had come there. (He might say he had taken a walk and got lost in the woods.)
But about this time, behind a protecting group of trees at least two miles west of the camp, a meeting and conference between Mason, Slack and all the others. And later, as a result of this and even as Clyde lingered and returned somewhat nearer the camp, Mason, Swenk paddling the canoe, arriving and inquiring of those who were now on shore if a Mr.¬†Clyde Griffiths was present and might he see him. And Harley Baggott, being nearest, replying: вАЬWhy, yes, sure. HeвАЩs around here somewhere.вАЭ And Stuart Finchley calling: вАЬEh-o, Griffiths!вАЭ But no reply.
Yet Clyde, not near enough to hear any of this, even now returning toward the camp, very slowly and cautiously. And Mason concluding that possibly he was about somewhere and unaware of anything, of course, deciding to wait a few minutes anyhowвБ†вАФwhile advising Swenk to fall back into the woods and if by any chance encountering Slack or any other to advise him that one man be sent east along the bank and another west, while heвБ†вАФSwenkвБ†вАФproceeded in a boat eastward as before to the inn at the extreme end, in order that from there word might be given to all as to the presence of the suspect in this region.
In the meanwhile Clyde by now only three-quarters of a mile east, and still whispered to by something which said: Run, run, do not linger! yet lingering, and thinking Sondra, this wonderful life! Should he go so? And saying to himself that he might be making a greater mistake by going than by staying. For supposing those shots were nothingвБ†вАФhunters, mere game shots meaning nothing in his caseвБ†вАФand yet costing him all? And yet turning at last and saying to himself that perhaps it might be best not to return at present, anyhow at least not until very lateвБ†вАФafter darkвБ†вАФto see if those strange shots had meant anything.
But then again pausing silently and dubiously, the while vesper sparrows and woodfinches sang. And peering. And peeking nervously.
And then all at once, not more than fifty feet distant, out of the long, tall aisles of the trees before him, a whiskered, woodsman-like type of man approaching swiftly, yet silentlyвБ†вАФa tall, bony, sharp-eyed man in a brown felt hat and a brownish-gray baggy and faded suit that hung loosely over his spare body. And as suddenly calling as he cameвБ†вАФwhich caused ClydeвАЩs blood to run cold with fear and rivet him to the spot.
вАЬHold on a moment, mister! DonвАЩt move. Your name donвАЩt happen to be Clyde Griffiths, does it?вАЭ And Clyde, noting the sharp inquisitorial look in the eye of this stranger, as well as the fact that he had already drawn a revolver and was lifting it up, now pausing, the definiteness and authority of the man chilling him to the marrow. Was he really being captured? Had the officers of the law truly come for him? God! No hope of flight now! Why had he not gone on? Oh, why not? And at once he was weak and shaking, yet, not wishing to incriminate himself about to reply, вАЬNo!вАЭ Yet because of a more sensible thought, replying, вАЬWhy, yes, thatвАЩs my name.вАЭ
вАЬYouвАЩre with this camping party just west of here, arenвАЩt you?вАЭ
вАЬYes, sir, I am.вАЭ
вАЬAll right, Mr.¬†Griffiths. Excuse the revolver. IвАЩm told to get you, whatever happens, thatвАЩs all. My name is Kraut. Nicholas Kraut. IвАЩm a deputy sheriff of Cataraqui County. And I have a warrant here for your arrest. I suppose you know what for, and that youвАЩre prepared to come with me peaceably.вАЭ And at this Mr.¬†Kraut gripped the heavy, dangerous-looking weapon more firmly even, and gazed at Clyde in a firm, conclusive way.
вАЬWhyвБ†вАФwhyвБ†вАФnoвБ†вАФI donвАЩt,вАЭ replied Clyde, weakly and heavily, his face white and thin. вАЬBut if you have a warrant for my arrest, IвАЩll go with you, certainly. But whatвБ†вАФwhatвБ†вАФI donвАЩt understandвАЭвБ†вАФhis voice began to tremble slightly as he said thisвБ†вАФвАЬisвБ†вАФis why you want to arrest me?вАЭ
вАЬYou donвАЩt, eh? You werenвАЩt up at either Big Bittern or Grass Lake by any chance on last Wednesday or Thursday, eh?вАЭ
вАЬWhy, no, sir, I wasnвАЩt,вАЭ replied Clyde, falsely.
вАЬAnd you donвАЩt happen to know anything about the drowning of a girl up there that you were supposed to be withвБ†вАФRoberta Alden, of Biltz, New York, I believe.вАЭ
вАЬWhy, my God, no!вАЭ replied Clyde, nervously and staccatically, the true name of Roberta and her address being used by this total stranger, and so soon, staggering him. Then they knew! They had obtained a clue. His true name and hers! God! вАЬAm I supposed to have committed a murder?вАЭ he added, his voice faintвБ†вАФa mere whisper.
вАЬThen you donвАЩt know that she was drowned last Thursday? And you werenвАЩt with her at that time?вАЭ Mr.¬†Kraut fixed a hard, inquisitive, unbelieving eye on him.
вАЬWhy, no, of course, I wasnвАЩt,вАЭ replied Clyde, recalling now but one thingвБ†вАФthat he must deny allвБ†вАФuntil he should think or know what else to do or say.
вАЬAnd you didnвАЩt meet three men walking south last Thursday night from Big Bittern to Three Mile Bay at about eleven oвАЩclock?вАЭ
вАЬWhy, no, sir. Of course I didnвАЩt. I wasnвАЩt up there, I told you.вАЭ
вАЬVery well, Mr.¬†Griffiths, I havenвАЩt anything more to say. All IвАЩm supposed to do is to arrest you, Clyde Griffiths, for the murder of Roberta Alden. YouвАЩre my prisoner.вАЭ He drew forthвБ†вАФmore by way of a demonstration of force and authority than anything elseвБ†вАФa pair of steel handcuffs, which caused Clyde to shrink and tremble as though he had been beaten.
вАЬYou neednвАЩt put those on me, mister,вАЭ he pleaded. вАЬI wish you wouldnвАЩt. I never had anything like that on before. IвАЩll go with you without them.вАЭ He looked longingly and sadly about at the trees, into the sheltering depths of which so recently he ought to have plunged. To safety.
вАЬVery well, then,вАЭ replied the redoubtable Kraut. вАЬSo long as you come along peaceful.вАЭ And he took Clyde by one of his almost palsied arms.
вАЬDo you mind if I ask you something else,вАЭ asked Clyde, weakly and fearsomely, as they now proceeded, the thought of Sondra and the others shimmering blindingly and reducingly before his eyes. Sondra! Sondra! To go back there an arrested murderer! And before her and Bertine! Oh, no! вАЬAre you, are you intending to take me to that camp back there?вАЭ
вАЬYes, sir, thatвАЩs where IвАЩm intending to take you now. ThemвАЩs my orders. ThatвАЩs where the district attorney and the sheriff of Cataraqui County are just now.вАЭ
вАЬOh, I know, I know,вАЭ pleaded Clyde, hysterically, for by now he had lost almost all poise, вАЬbut couldnвАЩt youвБ†вАФcouldnвАЩt youвБ†вАФso long as I go along just as you wantвБ†вАФthose are all my friends, you know, back there, and IвАЩd hateвБ†вАКвБ†вА¶ couldnвАЩt you just take me around the camp somewhere to wherever you want to take me? I have a very special reasonвБ†вАФthat isвБ†вАФIвБ†вАФI, oh, God, I hope you wonвАЩt take me back there right nowвБ†вАФwill you please, Mr.¬†Kraut?вАЭ
He seemed to Kraut very boyish and weak nowвБ†вАФclean of feature, rather innocent as to eye, well-dressed and well-manneredвБ†вАФnot at all the savage and brutal or murderous type he had expected to find. Indeed quite up to the class whom he (Kraut) was inclined to respect. And might he not after all be a youth of very powerful connections? The conversations he had listened to thus far had indicated that this youth was certainly identified with one of the best families in Lycurgus. And in consequence he was now moved to a slight show of courtesy and so added: вАЬVery well, young man, I donвАЩt want to be too hard on you. After all, IвАЩm not the sheriff or the district attorneyвБ†вАФjust the arresting officer. There are others down there who are going to be able to say what to do about youвБ†вАФand when we get down to where they are, you can ask вАЩem, and it may be that they wonвАЩt find it necessary to take you back in there. But how about your clothes? TheyвАЩre back there, ainвАЩt they?вАЭ
вАЬOh, yes, but that doesnвАЩt matter,вАЭ replied Clyde, nervously and eagerly. вАЬI can get those any time. I just donвАЩt want to go back now, if I can help it.вАЭ
вАЬAll right, then, come along,вАЭ replied Mr.¬†Kraut.
And so it was that they walked on together now in silence, the tall shafts of the trees in the approaching dusk making solemn aisles through which they proceeded as might worshipers along the nave of a cathedral, the eyes of Clyde contemplating nervously and wearily a smear of livid red still visible through the trees to the west.
Charged with murder! Roberta dead! And Sondra deadвБ†вАФto him! And the Griffiths! And his uncle! And his mother! and all those people in that camp!
Oh, oh, God, why was it that he had not run, when that something, whatever it was, had so urged him?
IX
In the absence of Clyde, the impressions taken by Mr.¬†Mason of the world in which he moved here, complementing and confirming those of Lycurgus and Sharon, were sufficient to sober him in regard to the ease (possibly) with which previously he had imagined it might be possible to convict him. For about him was such a scene as suggested all the means as well as the impulse to quiet such a scandal as this. Wealth. Luxury. Important names and connections to protect no doubt. Was it not possible that the rich and powerful Griffiths, their nephew seized in this way and whatever his crime, would take steps to secure the best legal talent available, in order to protect their name? UnquestionablyвБ†вАФand then with such adjournments as it was possible for such talent to secure, might it not be possible that long before he could hope to convict him, he himself would automatically be disposed of as a prosecutor and without being nominated for and elected to the judgeship he so craved and needed.
Sitting before the circle of attractive tents that faced the lake and putting in order a fishing-pole and reel, was Harley Baggott, in a brightly-colored sweater and flannel trousers. And through the open flies of several tents, glimpses of individualsвБ†вАФSondra, Bertine, Wynette and othersвБ†вАФbusy about toilets necessitated by the recent swim. Being dubious because of the smartness of the company as to whether it was politically or socially wise to proclaim openly the import of his errand, he chose to remain silent for a time, reflecting on the difference between the experiences of his early youth and that of Roberta Alden and these others. Naturally as he saw it a man of this GriffithsвАЩ connections would seek to use a girl of RobertaвАЩs connections thus meanly and brutally and hope to get away with it. Yet, eager to make as much progress as he could against whatever inimical fates might now beset him, he finally approached Baggott, and most acidly, yet with as much show of genial and appreciative sociability as he could muster, observed:
вАЬA delightful place for a camp, eh?вАЭ
вАЬYeh, we think so.вАЭ
вАЬJust a group from the estates and hotels about Sharon, I suppose?вАЭ
вАЬYeh. The south and west shore principally.вАЭ
вАЬNot any of the Griffiths, other than Mr.¬†Clyde, I presume?вАЭ
вАЬNo, theyвАЩre still over at Greenwood, I think.вАЭ
вАЬYou know Mr.¬†Clyde Griffiths personally, I suppose?вАЭ
вАЬOh, sureвБ†вАФheвАЩs one of the party.вАЭ
вАЬYou donвАЩt happen to know how long heвАЩs been up here this time, I presumeвБ†вАФup with the Cranstons, I mean.вАЭ
вАЬSince Friday, I think. I saw him Friday morning, anyhow. But heвАЩll be back here soon and you can ask him yourself,вАЭ concluded Baggott, beginning to sense that Mr.¬†Mason was a little too inquisitive and in addition not of either his or ClydeвАЩs world.
And just then, Frank Harriet, with a tennis racquet under his arm, striding across the foreground.
вАЬWhere to, Frankie?вАЭ
вАЬTo try those courts Harrison laid out up here this morning.вАЭ
вАЬWho with?вАЭ
вАЬViolet, Nadine and Stuart.вАЭ
вАЬAny room for another court?вАЭ
вАЬSure, thereвАЩs two. Why not get Bert, and Clyde, and Sondra, and come up?вАЭ
вАЬWell, maybe, after I get this thing set.вАЭ
And Mason at once thinking: Clyde and Sondra. Clyde Griffiths and Sondra FinchleyвБ†вАФthe very girl whose notes and cards were in one of his pockets now. And might he not see her here, along with ClydeвБ†вАФpossibly later talk to her about him?
But just then, Sondra and Bertine and Wynette coming out of their respective tents. And Bertine calling: вАЬOh, say, Harley, seen Nadine anywhere?вАЭ
вАЬNo, but Frank just went by. He said he was going up to the courts to play with her and Violet and Stew.вАЭ
вАЬYes? Well, then, come on, Sondra. You too, Wynette. WeвАЩll see how it looks.вАЭ
Bertine, as she pronounced SondraвАЩs name, turned to take her arm, which gave Mason the exact information and opportunity he desiredвБ†вАФthat of seeing and studying for a moment the girl who had so tragically and no doubt all unwittingly replaced Roberta in ClydeвАЩs affections. And, as he could see for himself, more beautiful, more richly appareled than ever the other could have hoped to be. And alive, as opposed to the other now dead and in a morgue in Bridgeburg.
But even as he gazed, the three tripping off together arm in arm, Sondra calling back to Harley: вАЬIf you see Clyde, tell him to come on up, will you?вАЭ And he replying: вАЬDo you think that shadow of yours needs to be told?вАЭ
Mason, impressed by the color and the drama, looked intently and even excitedly about. Now it was all so plain why he wanted to get rid of the girlвБ†вАФthe true, underlying motive. That beautiful girl there, as well as this luxury to which he aspired. And to think that a young man of his years and opportunities would stoop to such a horrible trick as that! Unbelievable! And only four days after the murder of the other poor girl, playing about with this beautiful girl in this fashion, and hoping to marry her, as Roberta had hoped to marry him. The unbelievable villainies of life!
Now, half-determining since Clyde did not appear, that he would proclaim himself and proceed to search for and seize his belongings here, Ed Swenk reappearing and with a motion of the head indicating that Mason was to follow him. And once well within the shadow of the surrounding trees, indicating no less an individual than Nicholas Kraut, attended by a slim, neatly-dressed youth of about ClydeвАЩs reported years, who, on the instant and because of the waxy paleness of his face, he assumed must be Clyde. And at once he now approached him, as might an angry wasp or hornet, only pausing first to ask of Swenk where he had been captured and by whomвБ†вАФthen gazing at Clyde critically and austerely as befitted one who represented the power and majesty of the law.
вАЬSo you are Clyde Griffiths, are you?вАЭ
вАЬYes, sir.вАЭ
вАЬWell, Mr.¬†Griffiths, my name is Orville Mason. I am the district attorney of the county in which Big Bittern and Grass Lake are situated. I suppose you are familiar enough with those two places by now, arenвАЩt you?вАЭ
He paused to see the effect of this sardonic bit of commentary. Yet although he expected to see him wince and quail, Clyde merely gazed at him, his nervous, dark eyes showing enormous strain. вАЬNo, sir, I canвАЩt say that I am.вАЭ
For with each step through the woods thus far back, there had been growing within him the utter and unshakable conviction that in the face of whatever seeming proof or charges might now appear, he dared not tell anything in regard to himself, his connection with Roberta, his visit to Big Bittern or Grass Lake. He dared not. For that would be the same as a confession of guilt in connection with something of which he was not really guilty. And no one must believeвБ†вАФneverвБ†вАФSondra, or the Griffiths, or any of these fine friends of his, that he could ever have been guilty of such a thought, even. And yet here they were, all within call, and at any moment might approach and so learn the meaning of his arrest. And while he felt the necessity for so denying any knowledge in connection with all this, at the same time he stood in absolute terror of this manвБ†вАФthe opposition and irritated mood such an attitude might arouse in him. That broken nose. His large, stern eyes.
And then Mason, eyeing him as one might an unheard-of and yet desperate animal and irritated also by his denial, yet assuming from his blanched expression that he might and no doubt would shortly be compelled to confess his guilt, continuing with: вАЬYou know what you are charged with, Mr.¬†Griffiths, of course.вАЭ
вАЬYes, sir, I just heard it from this man here.вАЭ
вАЬAnd you admit it?вАЭ
вАЬWhy, no sir, of course I donвАЩt admit it,вАЭ replied Clyde, his thin and now white lips drawn tight over his even teeth, his eyes full of a deep, tremulous yet evasive terror.
вАЬWhy, what nonsense! What effrontery! You deny being up to Grass Lake and Big Bittern on last Wednesday and Thursday?вАЭ
вАЬYes, sir.вАЭ
вАЬWell, then,вАЭ and now Mason stiffened himself in an angry and at the same time inquisitorial way, вАЬI suppose you are going to deny knowing Roberta AldenвБ†вАФthe girl you took to Grass Lake, and then out on Big Bittern in that boat last ThursdayвБ†вАФthe girl you knew in Lycurgus all last year, who lived at Mrs.¬†GilpinвАЩs and worked under you in your department at Griffiths¬†& CompanyвБ†вАФthe girl to whom you gave that toilet set last Christmas! I suppose youвАЩre going to say that your name isnвАЩt Clyde Griffiths and that you havenвАЩt been living with Mrs.¬†Peyton in Taylor Street, and that these arenвАЩt letters and cards from your trunk thereвБ†вАФfrom Roberta Alden and from Miss Finchley, all these cards and notes.вАЭ And extracting the letters and cards as he spoke and waving them before Clyde. And at each point in this harangue, thrusting his broad face, with its flat, broken nose and somewhat aggressive chin directly before ClydeвАЩs, and blazing at him with sultry, contemptuous eyes, while the latter leaned away from him, wincing almost perceptibly and with icy chills running up and down his spine and affecting his heart and brain. Those letters! All this information concerning him! And back in his bag in the tent there, all those more recent letters of SondraвАЩs in which she dwelt on how they were to elope together this coming fall. If only he had destroyed them! And now this man might find thoseвБ†вАФwouldвБ†вАФand question Sondra maybe, and all these others. He shrunk and congealed spiritually, the revealing effects of his so poorly conceived and executed scheme weighing upon him as the world upon the shoulders of an inadequate Atlas.
And yet, feeling that he must say something and yet not admit anything. And finally replying: вАЬMy nameвАЩs Clyde Griffiths all right, but the rest of this isnвАЩt true. I donвАЩt know anything about the rest of it.вАЭ
вАЬOh, come now, Mr.¬†Griffiths! DonвАЩt begin by trying to play fast and loose with me. We wonвАЩt get anywhere that way. You wonвАЩt help yourself one bit by that with me, and besides I havenвАЩt any time for that now. Remember these men here are witnesses to what you say. IвАЩve just come from LycurgusвБ†вАФyour room at Mrs.¬†PeytonвАЩsвБ†вАФand I have in my possession your trunk and this Miss AldenвАЩs letters to youвБ†вАФindisputable proof that you did know this girl, that you courted and seduced her last winter, and that since thenвБ†вАФthis springвБ†вАФwhen she became pregnant on your account, you induced her first to go home and then later to go away with you on this trip in order, as you told her, to marry her. Well, you married her all rightвБ†вАФto the graveвБ†вАФthatвАЩs how you married herвБ†вАФto the water at the bottom of Big Bittern Lake! And you can actually stand here before me now, when I tell you that I have all the evidence I need right on my person, and say that you donвАЩt even know her! Well, IвАЩll be damned!вАЭ
And as he spoke his voice grew so loud that Clyde feared that it could be clearly heard in the camp beyond. And that Sondra herself might hear it and come over. And although at the outrush and jab and slash of such dooming facts as Mason so rapidly outlined, his throat tightened and his hands were with difficulty restrained from closing and clinching vise-wise, at the conclusion of it all he merely replied: вАЬYes, sir.вАЭ
вАЬWell, IвАЩll be damned!вАЭ reiterated Mason. вАЬI can well believe now that you would kill a girl and sneak away in just such a way as you didвБ†вАФand with her in that condition! But then to try to deny her own letters to you! Why, you might as well try to deny that youвАЩre here and alive. These cards and notes hereвБ†вАФwhat about them? I suppose theyвАЩre not from Miss Finchley? How about those? Do you mean to tell me these are not from her either?вАЭ
He waved them before ClydeвАЩs eyes. And Clyde, seeing that the truth concerning these, Sondra being within call, was capable of being substantiated here and now, replied: вАЬNo, I donвАЩt deny that those are from her.вАЭ
вАЬVery good. But these others from your trunk in the same room are not from Miss Alden to you?вАЭ
вАЬI donвАЩt care to say as to that,вАЭ he replied, blinking feebly as Mason waved RobertaвАЩs letters before him.
вАЬTst! Tst! Tst! Of all things,вАЭ clicked Mason in high dudgeon. вАЬSuch nonsense! Such effrontery! Oh, very well, we wonвАЩt worry about all that now. I can easily prove it all when the time comes. But how you can stand there and deny it, knowing that I have the evidence, is beyond me! A card in your own handwriting which you forgot to take out of the bag you had her leave at Gun Lodge while you took yours with you. Mr.¬†Carl Graham, Mr.¬†Clifford Golden, Mr.¬†Clyde GriffithsвБ†вАФa card on which you wrote вАШFrom Clyde to Bert, Merry Xmas.вАЩ Do you remember that? Well, here it is.вАЭ And here he reached into his pocket and drew forth the small card taken from the toilet set and waved it under ClydeвАЩs nose. вАЬHave you forgotten that, too? Your own handwriting!вАЭ And then pausing and getting no reply, finally adding: вАЬWhy, what a dunce you are!вБ†вАФwhat a poor plotter, without even the brains not to use your own initials in getting up those fake names you had hoped to masquerade underвБ†вАФMr.¬†Carl GrahamвБ†вАФMr.¬†Clifford Golden!вАЭ
At the same time, fully realizing the importance of a confession and wondering how it was to be brought about here and now, Mason suddenlyвБ†вАФClydeвАЩs expression, his frozen-faced terror, suggesting the thought that perhaps he was too frightened to talk at once changed his tacticsвБ†вАФat least to the extent of lowering his voice, smoothing the formidable wrinkles from his forehead and about his mouth.
вАЬYou see, itвАЩs this way, Griffiths,вАЭ he now began, much more calmly and simply. вАЬLying or just foolish thoughtless denial under such circumstances as these canвАЩt help you in the least. It can only harm you, and thatвАЩs the truth. You may think IвАЩve been a little rough so far, but it was only because IвАЩve been under a great strain myself in connection with this case, trying to catch up with someone I thought would be a very different type from yourself. But now that I see you and see how you feel about it allвБ†вАФhow really frightened you are by what has happenedвБ†вАФit just occurs to me that there may be something in connection with this case, some extenuating circumstances, which, if they were related by you now, might throw a slightly different light on all this. Of course, I donвАЩt know. You yourself ought to be the best judge, but IвАЩm laying the thought before you for what itвАЩs worth. For, of course, here are these letters. Besides, when we get to Three Mile Bay tomorrow, as we will, I hope, there will be those three men who met you the other night walking south from Big Bittern. And not only those, but the innkeeper from Grass Lake, the innkeeper from Big Bittern, the boatkeeper up there who rented that boat, and the driver who drove you and Roberta Alden over from Gun Lodge. They will identify you. Do you think they wonвАЩt know youвБ†вАФnot any of themвБ†вАФnot be able to say whether you were up there with her or not, or that a jury when the time comes wonвАЩt believe them?вАЭ
And all this Clyde registered mentally like a machine clicking to a coin, yet said nothingвБ†вАФmerely staring, frozen.
вАЬAnd not only that,вАЭ went on Mason, very softly and most ingratiatingly, вАЬbut thereвАЩs Mrs.¬†Peyton. She saw me take these letters and cards out of that trunk of yours in your room and from the top drawer of your chiffonier. Next, there are all those girls in that factory where you and Miss Alden worked. Do you suppose theyвАЩre not going to remember all about you and her when they learn that she is dead? Oh, what nonsense! You ought to be able to see that for yourself, whatever you think. You certainly canвАЩt expect to get away with that. It makes a sort of a fool out of you. You can see that for yourself.вАЭ
He paused again, hoping for a confession. But Clyde still convinced that any admission in connection with Roberta or Big Bittern spelled ruin, merely stared while Mason proceeded to add:
вАЬAll right, Griffiths, IвАЩm now going to tell you one more thing, and I couldnвАЩt give you better advice if you were my own son or brother and I were trying to get you out of this instead of merely trying to get you to tell the truth. If you hope to do anything at all for yourself now, itвАЩs not going to help you to deny everything in the way you are doing. You are simply making trouble and condemning yourself in other peopleвАЩs eyes. Why not say that you did know her and that you were up there with her and that she wrote you those letters, and be done with it? You canвАЩt get out of that, whatever else you may hope to get out of. Any sane personвБ†вАФyour own mother, if she were hereвБ†вАФwould tell you the same thing. ItвАЩs too ridiculous and indicates guilt rather than innocence. Why not come clean here and now as to those facts, anyhow, before itвАЩs too late to take advantage of any mitigating circumstances in connection with all thisвБ†вАФif there are any? And if you do now, and I can help you in any way, I promise you here and now that IвАЩll be only too glad to do so. For, after all, IвАЩm not out here just to hound a man to death or make him confess to something that he hasnвАЩt done, but merely to get at the truth in the case. But if youвАЩre going to deny that you even knew this girl when I tell you I have all the evidence and can prove it, why thenвБ†вАФвАЭ and here the district attorney lifted his hands aloft most wearily and disgustedly.
But now as before Clyde remained silent and pale. In spite of all Mason had revealed, and all that this seemingly friendly, intimate advice seemed to imply, still he could not conceive that it would be anything less than disastrous for him to admit that he even knew Roberta. The fatality of such a confession in the eyes of these others here. The conclusion of all his dreams in connection with Sondra and this life. And so, in the face of thisвБ†вАФsilence, still. And at this, Mason, irritated beyond measure, finally exclaiming: вАЬOh, very well, then. So youвАЩve finally decided not to talk, have you?вАЭ And Clyde, blue and weak, replied: вАЬI had nothing to do with her death. ThatвАЩs all I can say now,вАЭ and yet even as he said it thinking that perhaps he had better not say thatвБ†вАФthat perhaps he had better sayвБ†вАФwell, what? That he knew Roberta, of course, had been up there with her, for that matterвБ†вАФbut that he had never intended to kill herвБ†вАФthat her drowning was an accident. For he had not struck her at all, except by accident, had he? Only it was best not to confess to having struck her at all, wasnвАЩt it? For who under such circumstances would believe that he had struck her with a camera by accident. Best not to mention the camera, since there was no mention anywhere in the papers that he had had one with him.
And he was still cogitating while Mason was exclaiming: вАЬThen you admit that you knew her?вАЭ
вАЬNo, sir.вАЭ
вАЬVery well, then,вАЭ he now added, turning to the others, вАЬI suppose thereвАЩs nothing for it but to take him back there and see what they know about him. Perhaps that will get something out of this fine birdвБ†вАФto confront him with his friends. His bag and things are still back there in one of those tents, I believe. Suppose we take him down there, gentlemen, and see what these other people know about him.вАЭ
And now, swiftly and coldly he turned, while Clyde, already shrinking at the horror of what was coming, exclaimed: вАЬOh, please, no! You donвАЩt mean to do that, do you? Oh, you wonвАЩt do that! Oh, please, no!вАЭ
And at this point Kraut speaking up and saying: вАЬHe asked me back there in the woods if I wouldnвАЩt ask you not to take him in there.вАЭ вАЬOh, so thatвАЩs the way the wind blows, is it?вАЭ exclaimed Mason at this. вАЬToo thin-skinned to be shown up before ladies and gentlemen of the Twelfth Lake colony, but not even willing to admit that you knew the poor little working-girl who worked for you. Very good. Well, then, my fine friend, suppose you come through with what you really do know now, or down there you go.вАЭ And he paused a moment to see what effect that would have. вАЬWeвАЩll call all those people together and explain just how things are, and then see if you will be willing to stand there and deny everything!вАЭ But noting still a touch of hesitation in Clyde he now added: вАЬBring him along, boys.вАЭ And turning toward the camp he proceeded to walk in that direction a few paces while Kraut taking one arm, and Swenk another, and beginning to move Clyde he ended by exclaiming:
вАЬOh, please, no! Oh, I hope you wonвАЩt do anything like that, will you, Mr.¬†Mason? Oh, I donвАЩt want to go back there if you donвАЩt mind. It isnвАЩt that IвАЩm guilty, but you can get all my things without my going back there. And besides it will mean so much to me just now.вАЭ Beads of perspiration once more burst forth on his pale face and hands and he was deadly cold.
вАЬDonвАЩt want to go, eh?вАЭ exclaimed Mason, pausing as he heard this. вАЬIt would hurt your pride, would it, to have вАЩem know? Well, then, supposing you just answer some of the things I want to knowвБ†вАФand come clean and quick, or off we goвБ†вАФand that without one more momentвАЩs delay! Now, will you answer or wonвАЩt you?вАЭ And again he turned to confront Clyde, who, with lips trembling and eyes confused and wavering, nervously and emphatically announced:
вАЬOf course I knew her. Of course I did. Sure! Those letters show that. But what of it? I didnвАЩt kill her. And I didnвАЩt go up there with her with any intention of killing her, either. I didnвАЩt. I didnвАЩt, I tell you! It was all an accident. I didnвАЩt even want to take her up there. She wanted me to goвБ†вАФto go away with her somewhere, becauseвБ†вАФbecause, well you knowвБ†вАФher letters show. And I was only trying to get her to go off somewhere by herself, so she would let me alone, because I didnвАЩt want to marry her. ThatвАЩs all. And I took her out there, not to kill her at all, but to try to persuade her, thatвАЩs all. And I didnвАЩt upset the boatвБ†вАФat least, I didnвАЩt mean to. The wind blew my hat off, and weвБ†вАФshe and IвБ†вАФgot up at the same time to reach for it and the boat upsetвБ†вАФthatвАЩs all. And the side of it hit her on the head. I saw it, only I was too frightened the way she was struggling about in the water to go near her, because I was afraid that if I did she might drag me down. And then she went down. And I swam ashore. And thatвАЩs the GodвАЩs truth!вАЭ
His face, as he talked, had suddenly become all flushed, and his hands also. Yet his eyes were tortured, terrified pools of misery. He was thinkingвБ†вАФbut maybe there wasnвАЩt any wind that afternoon and maybe they would find that out. Or the tripod hidden under a log. If they found that, wouldnвАЩt they think he hit her with that? He was wet and trembling.
But already Mason was beginning to question him again.
вАЬNow, letвАЩs see as to this a minute. You say you didnвАЩt take her up there with any intention of killing her?вАЭ
вАЬNo, sir, I didnвАЩt.вАЭ
вАЬWell, then, how was it that you decided to write your name two different ways on those registers up there at Big Bittern and Grass Lake?вАЭ
вАЬBecause I didnвАЩt want anyone to know that I was up there with her.вАЭ
вАЬOh, I see. DidnвАЩt want any scandal in connection with the condition she was in?вАЭ
вАЬNo, sir. Yes, sir, that is.вАЭ
вАЬBut you didnвАЩt mind if her name was scandalized in case she was found afterwards?вАЭ
вАЬBut I didnвАЩt know she was going to be drowned,вАЭ replied Clyde, slyly and shrewdly, sensing the trap in time.
вАЬBut you did know that you yourself werenвАЩt coming back, of course. You knew that, didnвАЩt you?вАЭ
вАЬWhy, no, sir, I didnвАЩt know that I wasnвАЩt coming back. I thought I was.вАЭ
вАЬPretty clever. Pretty clever,вАЭ thought Mason to himself, but not saying so, and then, rapidly: вАЬAnd so in order to make everything easy and natural as possible for you to come back, you took your own bag with you and left hers up there. Is that the way? How about that?вАЭ
вАЬBut I didnвАЩt take it because I was going away. We decided to put our lunch in it.вАЭ
вАЬWe, or you?вАЭ
вАЬWe.вАЭ
вАЬAnd so you had to carry that big bag in order to take a little lunch along, eh? CouldnвАЩt you have taken it in a paper, or in her bag?вАЭ
вАЬWell, her bag was full, and I didnвАЩt like to carry anything in a paper.вАЭ
вАЬOh, I see. Too proud and sensitive, eh? But not too proud to carry a heavy bag all the way, say twelve miles, in the night to Three Mile Bay, and not ashamed to be seen doing it, either, were you?вАЭ
вАЬWell, after she was drowned and I didnвАЩt want to be known as having been up there with her, and had to go alongвБ†вАФвАЭ
He paused while Mason merely looked at him, thinking of the many, many questions he wanted to ask himвБ†вАФso many, many more, and which, as he knew or guessed, would be impossible for him to explain. Yet it was getting late, and back in the camp were ClydeвАЩs as yet unclaimed belongingsвБ†вАФhis bag and possibly that suit he had worn that day at Big BitternвБ†вАФa gray one as he had heardвБ†вАФnot this one. And to catechize him here this way in the dusk, while it might be productive of much if only he could continue it long enough, still there was the trip back, and en route he would have ample time to continue his questionings.
And so, although he disliked much so to do at the moment, he now concluded with: вАЬOh, well, I tell you, Griffiths, weвАЩll let you rest here for the present. It may be that what you are saying is soвБ†вАФI donвАЩt know. I most certainly hope it is, for your sake. At any rate, you go along there with Mr.¬†Kraut. HeвАЩll show you where to go.вАЭ
And then turning to Swenk and Kraut, he exclaimed: вАЬAll right, boys. IвАЩll tell you how weвАЩll do. ItвАЩs getting late and weвАЩll have to hurry a little if we expect to get anywhere yet tonight. Mr.¬†Kraut, suppose you take this young man down where those other two boats are and wait there. Just halloo a little as you go along to notify the sheriff and Sissel that weвАЩre ready. And then Swenk and IвАЩll be along in the other boat as soon as we can.вАЭ
And so saying and Kraut obeying, he and Swenk proceeded inward through the gathering dusk to the camp, while Kraut with Clyde went west, hallooing for the sheriff and his deputy until a response was had.
X
The effect of MasonвАЩs reappearance in the camp with the news, announced first to Frank Harriet, next to Harley Baggott and Grant Cranston, that Clyde was under arrestвБ†вАФthat he actually had confessed to having been with Roberta at Big Bittern, if not to having killed her, and that he, Mason, was there with Swenk to take possession of his propertyвБ†вАФwas sufficient to destroy this pretty outing as by a breath. For although amazement and disbelief and astounded confusion were characteristic of the words of all, nevertheless here was Mason demanding to know where were ClydeвАЩs things, and asserting that it was at ClydeвАЩs request only that he was not brought here to identify his own possessions.
Frank Harriet, the most practical of the group, sensing the truth and authority of this, at once led the way to ClydeвАЩs tent, where Mason began an examination of the contents of the bag and clothes, while Grant Cranston, as well as Baggott, aware of SondraвАЩs intense interest in Clyde, departed first to call Stuart, then Bertine, and finally SondraвБ†вАФmoving apart from the rest the more secretly to inform her as to what was then occurring. And she, following the first clear understanding as to this, turning white and fainting at the news, falling back in GrantвАЩs arms and being carried to her tent, where, after being restored to consciousness, she exclaimed: вАЬI donвАЩt believe a word of it! ItвАЩs not true! Why, it couldnвАЩt be! That poor boy! Oh, Clyde! Where is he? Where have they taken him?вАЭ But Stuart and Grant, by no means as emotionally moved as herself, cautioning her to be silent. It might be true at that. Supposing it were! The others would hear, wouldnвАЩt they? And supposing it werenвАЩtвБ†вАФhe could soon prove his innocence and be released, couldnвАЩt he? There was no use in carrying on like this now.
But then, Sondra in her thoughts going over the bare possibility of such a thingвБ†вАФa girl killed by Clyde at Big BitternвБ†вАФhimself arrested and being taken off in this wayвБ†вАФand she thus publiclyвБ†вАФor at least by this groupвБ†вАФknown to be so interested in himвБ†вАФher parents to know, the public itself to knowвБ†вАФmaybeвБ†вАФ
But Clyde must be innocent. It must be all a mistake. And then her mind turning back and thinking of that news of the drowned girl she had first heard over the telephone there at the HarrietsвАЩ. And then ClydeвАЩs whitenessвБ†вАФhis illnessвБ†вАФhis all but complete collapse. Oh, no!вБ†вАФnot that! Yet his delay in coming from Lycurgus until the Friday before. His failure to write from there. And then, the full horror of the charge returning, as suddenly collapsing again, lying perfectly still and white while Grant and the others agreed among themselves that the best thing to be done was to break up the camp, either now or early in the morning, and depart for Sharon.
And Sondra returning to consciousness after a time tearfully announcing that she must get out of here at once, that she couldnвАЩt вАЬendure this place,вАЭ and begging Bertine and all the others to stay close to her and say nothing about her having fainted and cried, since it would only create talk. And thinking all the time of how, if this were all true, she could secure those letters she had written him! Oh, heavens! For supposing now at this time they should fall into the hands of the police or the newspapers, and be published? And yet moved by her love for him and for the first time in her young life shaken to the point where the grim and stern realities of life were thrust upon her gay and vain notice.
And so it was immediately arranged that she leave with Stuart, Bertine and Grant for the Metissic Inn at the eastern end of the Lake, since from there, at dawn, according to Baggott, they might leave for AlbanyвБ†вАФand so, in a roundabout way for Sharon.
In the meantime, Mason, after obtaining possession of all ClydeвАЩs belongings here, quickly making his way west to Little Fish Inlet and Three Mile Bay, stopping only for the first night at a farmhouse and arriving at Three Mile Bay late on Tuesday night. Yet not without, en route, catechizing Clyde as he had planned, the more particularly since in going through his effects in the tent at the camp he had not found the gray suit said to have been worn by Clyde at Big Bittern.
And Clyde, troubled by this new development, denying that he had worn a gray suit and insisting that the suit he had on was the one he had worn.
вАЬBut wasnвАЩt it thoroughly soaked?вАЭ
вАЬYes.вАЭ
вАЬWell, then, where was it cleaned and pressed afterward?вАЭ
вАЬIn Sharon.вАЭ
вАЬIn Sharon?вАЭ
вАЬYes, sir.вАЭ
вАЬBy a tailor there?вАЭ
вАЬYes, sir.вАЭ
вАЬWhat tailor?вАЭ
Alas, Clyde could not remember.
вАЬThen you wore it crumpled and wet, did you, from Big Bittern to Sharon?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd no one noticed it, of course.вАЭ
вАЬNot that I rememberвБ†вАФno.вАЭ
вАЬNot that you remember, eh? Well, weвАЩll see about that later,вАЭ and deciding that unquestionably Clyde was a plotter and a murderer. Also that eventually he could make Clyde show where he had hidden the suit or had had it cleaned.
Next there was the straw hat found on the lake. What about that? By admitting that the wind had blown his hat off, Clyde had intimated that he had worn a hat on the lake, but not necessarily the straw hat found on the water. But now Mason was intent on establishing within hearing of these witnesses, the ownership of the hat found on the water as well as the existence of a second hat worn later.
вАЬThat straw hat of yours that you say the wind blew in the water? You didnвАЩt try to get that either at the time, did you?вАЭ
вАЬNo, sir.вАЭ
вАЬDidnвАЩt think of it, I suppose, in the excitement?вАЭ
вАЬNo, sir.вАЭ
вАЬBut just the same, you had another straw hat when you went down through the woods there. Where did you get that one?вАЭ
And Clyde, trapped and puzzled by this pausing for the fraction of a second, frightened and wondering whether or not it could be proved that this second straw hat he was wearing was the one he had worn through the woods. Also whether the one on the water had been purchased in Utica, as it had. And then deciding to lie. вАЬBut I didnвАЩt have another straw hat.вАЭ Without paying any attention to that, Mason reached over and took the straw hat on ClydeвАЩs head and proceeded to examine the lining with its imprintвБ†вАФStark¬†& Company, Lycurgus.
вАЬThis one has a lining, I see. Bought this in Lycurgus, eh?вАЭ
вАЬYes, sir.вАЭ
вАЬWhen?вАЭ
вАЬOh, back in June.вАЭ
вАЬBut still youвАЩre sure now itвАЩs not the one you wore down through the woods that night?вАЭ
вАЬNo, sir.вАЭ
вАЬWell, where was it then?вАЭ
And Clyde once more pausing like one in a trap and thinking: My God! How am I to explain this now? Why did I admit that the one on the lake was mine? Yet, as instantly recalling that whether he had denied it or not, there were those at Grass Lake and Big Bittern who would remember that he had worn a straw hat on the lake, of course.
вАЬWhere was it then?вАЭ insisted Mason.
And Clyde at last saying: вАЬOh, I was up here once before and wore it then. I forgot it when I went down the last time but I found it again the other day.вАЭ
вАЬOh, I see. Very convenient, I must say.вАЭ He was beginning to believe that he had a very slippery person to deal with indeedвБ†вАФthat he must think of his traps more shrewdly, and at the same time determining to summon the Cranstons and every member of the Bear Lake party in order to discover whether any recalled Clyde not wearing a straw hat on his arrival this time, also whether he had left a straw hat the time before. He was lying, of course, and he would catch him.
And so no real peace for Clyde at any time between there and Bridgeburg and the county jail. For however much he might refuse to answer, still Mason was forever jumping at him with such questions as: Why was it if all you wanted to do was to eat lunch on shore that you had to row all the way down to that extreme south end of the lake when it isnвАЩt nearly so attractive there as it is at other points? And: Where was it that you spent the rest of that afternoonвБ†вАФsurely not just there? And then, jumping back to SondraвАЩs letters discovered in his bag. How long had he known her? Was he as much in love with her as she appeared to be with him? WasnвАЩt it because of her promise to marry him in the fall that he had decided to kill Miss Alden?
But while Clyde vehemently troubled to deny this last charge, still for the most part he gazed silently and miserably before him with his tortured and miserable eyes.
And then a most wretched night spent in the garret of a farmhouse at the west end of the lake, and on a pallet on the floor, while Sissel, Swenk and Kraut, gun in hand, in turn kept watch over him, and Mason and the sheriff and the others slept below stairs. And some natives, because of information distributed somehow, coming toward morning to inquire: вАЬWe hear the feller that killed the girl over to Big Bittern is hereвБ†вАФis that right?вАЭ And then waiting to see them off at dawn in the Fords secured by Mason.
And again at Little Fish Inlet as well as Three Mile Bay, actual crowdsвБ†вАФfarmers, storekeepers, summer residents, woodsmen, childrenвБ†вАФall gathered because of word telephoned on ahead apparently. And at the latter place, Burleigh, Heit and Newcomb, who, because of previously telephoned information, had brought before one Gabriel Gregg, a most lanky and crusty and meticulous justice of the peace, all of the individuals from Big Bittern necessary to identify him fully. And now Mason, before this local justice, charging Clyde with the death of Roberta and having him properly and legally held as a material witness to be lodged in the county jail at Bridgeburg. And then taking him, along with Burton, the sheriff and his deputies, to Bridgeburg, where he was promptly locked up.
And once there, Clyde throwing himself on the iron cot and holding his head in a kind of agony of despair. It was three oвАЩclock in the morning, and just outside the jail as they approached he had seen a crowd of at least five hundredвБ†вАФnoisy, jeering, threatening. For had not the news been forwarded that because of his desire to marry a rich girl he had most brutally assaulted and murdered a young and charming working-girl whose only fault had been that she loved him too well. There had been hard and threatening cries of вАЬThere he is, the dirty bastard! YouвАЩll swing for this yet, you young devil, wait and see!вАЭ This from a young woodsman not unlike Swenk in typeвБ†вАФa hard, destroying look in his fierce young eyes, leaning out from the crowd. And worse, a waspish type of small-town slum girl, dressed in a gingham dress, who in the dim light of the arcs, had leaned forward to cry: вАЬLookit, the dirty little sneakвБ†вАФthe murderer! You thought youвАЩd get away with it, didnja?вАЭ
And Clyde, crowding closer to Sheriff Slack, and thinking: Why, they actually think I did kill her! And they may even lynch me! But so weary and confused and debased and miserable that at the sight of the outer steel jail door swinging open to receive him, he actually gave vent to a sigh of relief because of the protection it afforded.
But once in his cell, suffering none the less without cessation the long night through, from thoughtsвБ†вАФthoughts concerning all that had just gone. Sondra! the Griffiths! Bertine. All those people in Lycurgus when they should hear in the morning. His mother eventually, everybody. Where was Sondra now? For Mason had told her, of course, and all those others, when he had gone back to secure his things. And they knew him now for what he wasвБ†вАФa plotter of murder! Only, only, if somebody could only know how it had all come about! If Sondra, his mother, anyone, could truly see!
Perhaps if he were to explain all to this man Mason now, before it all went any further, exactly how it all had happened. But that meant a true explanation as to his plot, his real original intent, that camera, his swimming away. That unintended blowвБ†вАФ(and who was going to believe him as to that)вБ†вАФhis hiding the tripod afterwards. Besides once all that was known would he not be done for just the same in connection with Sondra, the GriffithsвБ†вАФeverybody. And very likely prosecuted and executed for murder just the same. Oh, heavensвБ†вАФmurder. And to be tried for that now; this terrible crime against her proved. They would electrocute him just the sameвБ†вАФwouldnвАЩt they? And then the full horror of that coming upon himвБ†вАФdeath, possiblyвБ†вАФand for murderвБ†вАФhe sat there quite still. Death! God! If only he had not left those letters written him by Roberta and his mother in his room there at Mrs.¬†PeytonвАЩs. If only he had removed his trunk to another room, say, before he left. Why hadnвАЩt he thought of that? Yet as instantly thinking, might not that have been a mistake, too, being seemingly a suspicious thing to have done then? But how came they to know where he was from and what his name was? Then, as instantly returning in mind to the letters in the trunk. For, as he now recalled, in one of those letters from his mother she had mentioned that affair in Kansas City, and Mason would come to know of that. If only he had destroyed them. RobertaвАЩs, his motherвАЩs, all! Why hadnвАЩt he? But not being able to answer whyвБ†вАФjust an insane desire to keep things maybeвБ†вАФanything that related to himвБ†вАФa kindness, a tenderness toward him. If only he had not worn that second straw hatвБ†вАФhad not met those three men in the woods! God! He might have known they would be able to trace him in some way. If only he had gone on in that wood at Bear Lake, taking his suit case and SondraвАЩs letters with him. Perhaps, perhaps, who knows, in Boston, or New York, or somewhere he might have hidden away.
Unstrung and agonized, he was unable to sleep at all, but walked back and forth, or sat on the side of the hard and strange cot, thinking, thinking. And at dawn, a bony, aged, rheumy jailer, in a baggy, worn, blue uniform, bearing a black, iron tray, on which was a tinful of coffee, some bread and a piece of ham with one egg. And looking curiously and yet somehow indifferently at Clyde, while he forced it through an aperture only wide and high enough for its admission, though Clyde wanted nothing at all.
And then later Kraut and Sissel and Swenk, and eventually the sheriff himself, each coming separately, to look in and say: вАЬWell, Griffiths, how are you this morning?вАЭ or, вАЬHello, anything we can do for you?вАЭ, while their eyes showed the astonishment, disgust, suspicion or horror with which his assumed crime had filled them. Yet, even in the face of that, having one type of interest and even sycophantic pride in his presence here. For was he not a GriffithsвБ†вАФa member of the well-known social group of the big central cities to the south of here. Also the same to them, as well as to the enormously fascinated public outside, as a trapped and captured animal, taken in their legal net by their own superlative skill and now held as witness to it? And with the newspapers and people certain to talk, enormous publicity for themвБ†вАФtheir pictures in the papers as well as his, their names persistently linked with his.
And Clyde, looking at them between the bars, attempted to be civil, since he was now in their hands and they could do with him as they would.
XI
In connection with the autopsy and its results there was a decided setback. For while the joint report of the five doctors showed: вАЬAn injury to the mouth and nose; the tip of the nose appears to have been slightly flattened, the lips swollen, one front tooth slightly loosened, and an abrasion of the mucous membrane within the lipsвАЭвБ†вАФall agreed that these injuries were by no means fatal. The chief injury was to the skull (the very thing which Clyde in his first confession had maintained), which appeared to have been severely bruised by a blow of вАЬsome sharp instrument,вАЭ unfortunately in this instance, because of the heaviness of the blow of the boat, вАЬsigns of fracture and internal haemorrhage which might have produced death.вАЭ
ButвБ†вАФthe lungs when placed in water, sinkingвБ†вАФan absolute proof that Roberta could not have been dead when thrown into the water, but alive and drowning, as Clyde had maintained. And no other signs of violence or struggle, although her arms and fingers appeared to be set in such a way as to indicate that she might have been reaching or seeking to grasp something. The wale of the boat? Could that be? Might ClydeвАЩs story, after all, conceal a trace of truth? Certainly these circumstances seemed to favor him a little. Yet as Mason and the others agreed, all these circumstances most distinctly seemed to prove that although he might not have slain her outright before throwing her into the water, none the less he had struck her and then had thrown her, perhaps unconscious, into the water.
But with what? If he could but make Clyde say that!
And then an inspiration! He would take Clyde and, although the law specifically guaranteed accused persons against compulsions, compel him to retrace the scenes of his crime. And although he might not be able to make him commit himself in any way, still, once on the ground and facing the exact scene of his crime, his actions might reveal something of the whereabouts of the suit, perhaps, or possibly some instrument with which he had struck her.
And in consequence, on the third day following ClydeвАЩs incarceration, a second visit to Big Bittern, with Kraut, Heit, Mason, Burton, Burleigh, Earl Newcomb and Sheriff Slack as his companions, and a slow re-canvassing of all the ground he had first traveled on that dreadful day. And with Kraut, following instructions from Mason, вАЬplaying upвАЭ to him, in order to ingratiate himself into his good graces, and possibly cause him to make a clean breast of it. For Kraut was to argue that the evidence, so far was so convincing that you вАЬnever would get a jury to believe that you didnвАЩt do it,вАЭ but that, вАЬif you would talk right out to Mason, he could do more for you with the judge and the governor than anyone couldвБ†вАФget you off, maybe, with life or twenty years, while this way youвАЩre likely to get the chair, sure.вАЭ
Yet Clyde, because of that same fear that had guided him at Bear Lake, maintaining a profound silence. For why should he say that he had struck her, when he had notвБ†вАФintentionally at least? Or with what, since no thought of the camera had come up as yet.
At the lake, after definite measurements by the county surveyor as to the distance from the spot where Roberta had drowned to the spot where Clyde had landed, Earl Newcomb suddenly returning to Mason with an important discovery. For under a log not so far from the spot at which Clyde had stood to remove his wet clothes, the tripod he had hidden, a little rusty and damp, but of sufficient weight, as Mason and all these others were now ready to believe, to have delivered the blow upon RobertaвАЩs skull which had felled her and so make it possible for him to carry her to the boat and later drown her. Yet, confronted with this and turning paler than before, Clyde denying that he had a camera or a tripod with him, although Mason was instantly deciding that he would re-question all witnesses to find out whether any recalled seeing a tripod or camera in ClydeвАЩs possession.
And before the close of this same day learning from the guide who had driven Clyde and Roberta over, as well as the boatman who had seen Clyde drop his bag into the boat, and a young waitress at Grass Lake who had seen Clyde and Roberta going out from the inn to the station on the morning of their departure from Grass Lake, that all now recalled a вАЬyellow bundle of sticks,вАЭ fastened to his bag which must have been the very tripod.
And then Burton Burleigh deciding that it might not really have been the tripod, after all with which he had struck her but possibly and even probably the somewhat heavier body of the camera itself, since an edge of it would explain the wound on the top of the head and the flat surface would explain the general wounds on her face. And because of this conclusion, without any knowledge on the part of Clyde, however, Mason securing diverse from among the woodsmen of the region and setting them to diving in the immediate vicinity of the spot where RobertaвАЩs body had been found, with the result that after an entire dayвАЩs diving on the part of sixвБ†вАФand because of a promised and substantial reward, one Jack Bogart arose with the very camera which Clyde, as the boat had turned over, had let fall. Worse, after examination it proved to contain a roll of films, which upon being submitted to an expert chemist for development, showed finally to be a series of pictures of Roberta, made on shoreвБ†вАФone sitting on a log, a second posed by the side of the boat on shore, a third reaching up toward the branches of a treeвБ†вАФall very dim and water-soaked but still decipherable. And the exact measurements of the broadest side of the camera corresponding in a general way to the length and breadth of the wounds upon RobertaвАЩs face, which caused it now to seem positive that they had discovered the implement wherewith Clyde had delivered the blows.
Yet no trace of blood upon the camera itself. And none upon the side or bottom of the boat, which had been brought to Bridgeburg for examination. And none upon the rug which had lain in the bottom of the boat.
In Burton Burleigh there existed as sly a person as might have been found in a score of such backwoods counties as this, and soon he found himself meditating on how easy it would be, supposing irrefragable evidence were necessary, for him or anyone to cut a finger and let it bleed on the rug or the side of the boat or the edge of the camera. Also, how easy to take from the head of Roberta two or three hairs and thread them between the sides of the camera, or about the rowlock to which her veil had been attached. And after due and secret meditation, he actually deciding to visit the Lutz Brothers morgue and secure a few threads of RobertaвАЩs hair. For he himself was convinced that Clyde had murdered the girl in cold blood. And for want of a bit of incriminating proof, was such a young, silent, vain crook as this to be allowed to escape? Not if he himself had to twine the hairs about the rowlock or inside the lid of the camera, and then call MasonвАЩs attention to them as something overlooked!
And in consequence, upon the same day that Heit and Mason were personally re-measuring the wounds upon RobertaвАЩs face and head, Burleigh slyly threading two of RobertaвАЩs hairs in between the door and the lens of the camera, so that Mason and Heit a little while later unexpectedly coming upon them, and wondering why they had not seen them beforeвБ†вАФnevertheless accepting them immediately as conclusive evidence of ClydeвАЩs guilt. Indeed, Mason thereupon announcing that in so far as he was concerned, his case was complete. He had truly traced out every step in this crime and if need be was prepared to go to trial on the morrow.
Yet, because of the very completeness of the testimony, deciding for the present, at least, not to say anything in connection with the cameraвБ†вАФto seal, if possible, the mouth of everyone who knew. For, assuming that Clyde persisted in denying that he had carried a camera, or that his own lawyer should be unaware of the existence of such evidence, then how damning in court, and out of a clear sky, to produce this camera, these photographs of Roberta made by him, and the proof that the very measurements of one side of the camera coincided with the size of the wounds upon her face! How complete! How incriminating!
Also since he personally having gathered the testimony was the one best fitted to present it, he decided to communicate with the governor of the state for the purpose of obtaining a special term of the Supreme Court for this district, with its accompanying special session of the local grand jury, which would then be subject to his call at any time. For with this granted, he would be able to impanel a grand jury and in the event of a true bill being returned against Clyde, then within a month or six weeks, proceed to trial. Strictly to himself, however, he kept the fact that in view of his own approaching nomination in the ensuing November election this should all prove most opportune, since in the absence of any such special term the case could not possibly be tried before the succeeding regular January term of the Supreme Court, by which time he would be out of office and although possibly elected to the local judgeship still not able to try the case in person. And in view of the state of public opinion, which was most bitterly and vigorously anti-Clyde, a quick trial would seem fair and logical to everyone in this local world. For why delay? Why permit such a criminal to sit about and speculate on some plan of escape? And especially when his trial by him, Mason, was certain to rebound to his legal and political and social fame the country over.
XII
And then out of the north woods a crime sensation of the first magnitude, with all of those intriguingly colorful, and yet morally and spiritually atrocious, elementsвБ†вАФlove, romance, wealth, poverty, death. And at once picturesque accounts of where and how Clyde had lived in Lycurgus, with whom he had been connected, how he had managed to conceal his relations with one girl while obviously planning to elope with anotherвБ†вАФbeing wired for and published by that type of editor so quick to sense the national news value of crimes such as this. And telegrams of inquiry pouring in from New York, Chicago, Boston, Philadelphia, San Francisco and other large American cities east and west, either to Mason direct or the representatives of the Associated or United Press in this area, asking for further and more complete details of the crime. Who was this beautiful wealthy girl with whom it was said this Griffiths was in love? Where did she live? What were ClydeвАЩs exact relations with her? Yet Mason, overawed by the wealth of the Finchleys and the Griffiths, loath to part with SondraвАЩs name, simply asserting for the present that she was the daughter of a very wealthy manufacturer in Lycurgus, whose name he did not care to furnishвБ†вАФyet not hesitating to show the bundle of letters carefully tied with a ribbon by Clyde.
But RobertaвАЩs letters on the other hand being described in detailвБ†вАФeven excerpts of some of themвБ†вАФthe more poetic and gloomy being furnished the Press for use, for who was there to protect her. And on their publication a wave of hatred for Clyde as well as a wave of pity for herвБ†вАФthe poor, lonely, country girl who had had no one but himвБ†вАФand he cruel, faithlessвБ†вАФa murderer even. Was not hanging too good for him? For en route to and from Bear Lake, as well as since, Mason had pored over these letters. And because of certain intensely moving passages relating to her home life, her gloomy distress as to her future, her evident loneliness and weariness of heart, he had been greatly moved, and later had been able to convey this feeling to othersвБ†вАФhis wife and Heit and the local newspapermen. So much so that the latter in particular were sending from Bridgeburg vivid, if somewhat distorted, descriptions of Clyde, his silence, his moodiness, and his hard-heartedness.
And then a particularly romantic young reporter from The Star, of Utica arriving at the home of the Aldens, there was immediately given to the world a fairly accurate picture of the weary and defeated Mrs.¬†Alden, who, too exhausted to protest or complain, merely contented herself with a sincere and graphic picture of RobertaвАЩs devotion to her parents, her simple ways of living, her modesty, morality, religious devotionвБ†вАФhow once the local pastor of the Methodist Church had said that she was the brightest and prettiest and kindest girl he had ever known, and how for years before leaving home she had been as her motherвАЩs own right hand. And that undoubtedly because of her poverty and loneliness in Lycurgus, she had been led to listen to the honeyed words of this scoundrel, who, coming to her with promises of marriage, had lured her into this unhallowed and, in her case, all but unbelievable relationship which had led to her death. For she was good and pure and sweet and kind always. вАЬAnd to think that she is dead. I canвАЩt believe it.вАЭ
It was so that her mother was quoted.
вАЬOnly Monday a week ago she was aboutвБ†вАФa little depressed, I thought, but smiling, and for some reason which I thought odd at the time went all over the place Monday afternoon and evening, looking at things and gathering some flowers. And then she came over and put her arms around me and said: вАШI wish I were a little girl again, Mamma, and that you would take me in your arms and rock me like you used to.вАЩ And I said, вАШWhy, Roberta, what makes you so sad tonight, anyhow?вАЩ And she said, вАШOh, nothing. You know IвАЩm going back in the morning. And somehow I feel a little foolish about it tonight.вАЩ And to think that it was this trip that was in her mind. I suppose she had a premonition that all would not work out as she had planned. And to think he struck my little girl, she who never could harm anything, not even a fly.вАЭ And here, in spite of herself, and with the saddened Titus in the background, she began to cry silently.
But from the Griffiths and other members of this local social world, complete and almost unbreakable silence. For in so far as Samuel Griffiths was concerned, it was impossible for him at first either to grasp or believe that Clyde could be capable of such a deed. What! That bland and rather timid and decidedly gentlemanly youth, as he saw him, charged with murder? Being rather far from Lycurgus at the timeвБ†вАФUpper SaranacвБ†вАФwhere he was reached with difficulty by GilbertвБ†вАФhe was almost unprepared to think, let alone act. Why, how impossible! There must be some mistake here. They must have confused Clyde with someone else.
Nevertheless, Gilbert proceeding to explain that it was unquestionably true, since the girl had worked in the factory under Clyde, and the district attorney at Bridgeburg with whom he had already been in communication had assured him that he was in possession of letters which the dead girl had written to Clyde and that Clyde did not attempt to deny them.
вАЬVery well, then,вАЭ countered Samuel. вАЬDonвАЩt act hastily, and above all, donвАЩt talk to anyone outside of Smillie or Gotboy until I see you. WhereвАЩs Brookhart?вАЭвБ†вАФreferring to Darrah Brookhart, of counsel for Griffiths¬†& Company.
вАЬHeвАЩs in Boston today,вАЭ returned his son. вАЬI think he told me last Friday that he wouldnвАЩt be back here until Monday or Tuesday.вАЭ
вАЬWell, wire him that I want him to return at once. Incidentally, have Smillie see if he can arrange with the editors of The Star and Beacon down there to suspend any comment until I get back. IвАЩll be down in the morning. Also tell him to get in the car and run up thereвАЭ (Bridgeburg) вАЬtoday if he can. I must know from first hand all there is to know. Have him see Clyde if he can, also this district attorney, and bring down any news that he can get. And all the newspapers. I want to see for myself what has been published.вАЭ
And at approximately the same time, in the home of the Finchleys on Fourth Lake, Sondra herself, after forty-eight hours of most macerating thoughts spent brooding on the astounding climax which had put a period to all her girlish fancies in regard to Clyde, deciding at last to confess all to her father, to whom she was more drawn than to her mother. And accordingly approaching him in the library, where usually he sat after dinner, reading or considering his various affairs. But having come within earshot of him, beginning to sob, for truly she was stricken in the matter of her love for Clyde, as well as her various vanities and illusions in regard to her own high position, the scandal that was about to fall on her and her family. Oh, what would her mother say now, after all her warnings? And her father? And Gilbert Griffiths and his affianced bride? And the Cranstons, who except for her influence over Bertine, would never have been drawn into this intimacy with Clyde?
Her sobs arresting her fatherвАЩs attention, he at once paused to look up, the meaning of this quite beyond him. Yet instantly sensing something very dreadful, gathering her up in his arms, and consolingly murmuring: вАЬThere, there! For heavenвАЩs sake, whatвАЩs happened to my little girl now? WhoвАЩs done what and why?вАЭ And then, with a decidedly amazed and shaken expression, listening to a complete confession of all that had occurred thus farвБ†вАФthe first meeting with Clyde, her interest in him, the attitude of the Griffiths, her letters, her love, and then thisвБ†вАФthis awful accusation and arrest. And if it were true! And her name were used, and her daddyвАЩs! And once more she fell to weeping as though her heart would break, yet knowing full well that in the end she would have her fatherвАЩs sympathy and forgiveness, whatever his subsequent suffering and mood.
And at once Finchley, accustomed to peace and order and tact and sense in his own home, looking at his daughter in an astounded and critical and yet not uncharitable way, and exclaiming: вАЬWell, well, of all things! Well, IвАЩll be damned! I am amazed, my dear! I am astounded! This is a little too much, I must say. Accused of murder! And with letters of yours in your own handwriting, you say, in his possession, or in the hands of this district attorney, for all we know by now. Tst! Tst! Tst! Damned foolish, Sondra, damned foolish! Your mother has been talking to me for months about this, and you know I was taking your word for it against hers. And now see whatвАЩs happened! Why couldnвАЩt you have told me or listened to her? Why couldnвАЩt you have talked all this over with me before going so far? I thought we understood each other, you and I. Your mother and I have always acted for your own good, havenвАЩt we? You know that. Besides, I certainly thought you had better sense. Really, I did. But a murder case, and you connected with it! My God!вАЭ
He got up, a handsome blond man in carefully made clothes, and paced the floor, snapping his fingers irritably, while Sondra continued to weep. Suddenly, ceasing his walking, he turned again toward her and resumed with: вАЬBut, there, there! ThereвАЩs no use crying over it. Crying isnвАЩt going to fix it. Of course, we may be able to live it down in some way. I donвАЩt know. I donвАЩt know. I canвАЩt guess what effect this is likely to have on you personally. But one thing is sure. We do want to know something about those letters.вАЭ
And forthwith, and while Sondra wept on, he proceeded first to call his wife in order to explain the nature of the blowвБ†вАФa social blow that was to lurk in her memory as a shadow for the rest of her yearsвБ†вАФand next to call up Legare Atterbury, lawyer, state senator, chairman of the Republican State Central Committee and his own private counsel for years past, to whom he explained the amazing difficulty in which his daughter now found herself. Also to inquire what was the most advisable thing to be done.
вАЬWell, let me see,вАЭ came from Atterbury, вАЬI wouldnвАЩt worry very much if I were you, Mr.¬†Finchley. I think I can do something to straighten this out for you before any real public damage is done. Now, let me see. Who is the district attorney of Cataraqui County, anyhow? IвАЩll have to look that up and get in touch with him and call you back. But never mind, I promise you IвАЩll be able to do somethingвБ†вАФkeep the letters out of the papers, anyhow. Maybe out of the trialвБ†вАФIвАЩm not sureвБ†вАФbut I am sure I can fix it so that her name will not be mentioned, so donвАЩt worry.вАЭ
And then Atterbury in turn calling up Mason, whose name he found in his lawyersвАЩ directory, and at once arranging for a conference with him, since Mason seemed to think that the letters were most vital to his case, although he was so much overawed by AtterburyвАЩs voice that he was quick to explain that by no means had he planned as yet to use publicly the name of Sondra or the letters either, but rather to reserve their actuality for the private inspection of the grand jury, unless Clyde should choose to confess and avoid a trial.
But Atterbury, after referring back to Finchley and finding him opposed to any use of the letters whatsoever, or SondraвАЩs name either, assuring him that on the morrow or the day after he would himself proceed to Bridgeburg with some plans and political information which might cause Mason to think twice before he so much as considered referring to Sondra in any public way.
And then after due consideration by the Finchley family, it was decided that at once, and without explanation or apology to anyone, Mrs.¬†Finchley, Stuart and Sondra should leave for the Maine coast or any place satisfactory to them. Finchley himself proposed to return to Lycurgus and Albany. It was not wise for any of them to be about where they could be reached by reporters or questioned by friends. And forthwith, a hegira of the Finchleys to Narragansett, where under the name of Wilson they secluded themselves for the next six weeks. Also, and because of the same cause the immediate removal of the Cranstons to one of the Thousand Islands, where there was a summer colony not entirely unsatisfactory to their fancy. But on the part of the Baggotts and the Harriets, the contention that they were not sufficiently incriminated to bother and so remaining exactly where they were at Twelfth Lake. But all talking of Clyde and SondraвБ†вАФthis horrible crime and the probable social destruction of all those who had in any way been thus innocently defiled by it.
And in the interim, Smillie, as directed by Griffiths, proceeding to Bridgeburg, and after two long hours with Mason, calling at the jail to see Clyde. And because of authorization from Mason being permitted to see him quite alone in his cell. Smillie having explained that it was not the intention of the Griffiths to try to set up any defense for Clyde, but rather to discover whether under the circumstances there was a possibility for a defense, Mason had urged upon him the wisdom of persuading Clyde to confess, since, as he insisted, there was not the slightest doubt as to his guilt, and a trial would but cost the county money without result to ClydeвБ†вАФwhereas if he chose to confess, there might be some undeveloped reasons for clemencyвБ†вАФat any rate, a great social scandal prevented from being aired in the papers.
And thereupon Smillie proceeding to Clyde in his cell where brooding most darkly and hopelessly he was wondering how to do. Yet at the mere mention of SmillieвАЩs name shrinking as though struck. The GriffithsвБ†вАФSamuel Griffiths and Gilbert! Their personal representative. And now what would he say? For no doubt, as he now argued with himself, Smillie, having talked with Mason, would think him guilty. And what was he to say now? What sort of a story tellвБ†вАФthe truth or what? But without much time to think, for even while he was trying to do so Smillie had been ushered into his presence. And then moistening his dry lips with his tongue, he could only achieve, вАЬWhy, how do you do, Mr.¬†Smillie?вАЭ to which the latter replied, with a mock geniality, вАЬWhy, hello, Clyde, certainly sorry to see you tied up in a place like this.вАЭ And then continuing: вАЬThe papers and the district attorney over here are full of a lot of stuff about some trouble youвАЩre in, but I suppose there canвАЩt be much to itвБ†вАФthere must be some mistake, of course. And thatвАЩs what IвАЩm up here to find out. Your uncle telephoned me this morning that I was to come up and see you to find out how they come to be holding you. Of course, you can understand how they feel down there. So they wanted me to come up and get the straight of it so as to get the charge dismissed, if possibleвБ†вАФso now if youвАЩll just let me know the ins and outs of thisвБ†вАФyou knowвБ†вАФthat isвБ†вАФвАЭ
He paused there, confident because of what the district attorney had just told him, as well as ClydeвАЩs peculiarly nervous and recessive manner, that he would not have very much that was exculpatory to reveal.
And Clyde, after moistening his lips once more, beginning with: вАЬI suppose things do look pretty bad for me, Mr.¬†Smillie. I didnвАЩt think at the time that I met Miss Alden that I would ever get into such a scrape as this. But I didnвАЩt kill her, and thatвАЩs the GodвАЩs truth. I never even wanted to kill her or take her up to that lake in the first place. And thatвАЩs the truth, and thatвАЩs what I told the district attorney. I know he has some letters from her to me, but they only show that she wanted me to go away with herвБ†вАФnot that I wanted to go with her at allвБ†вАФвАЭ
He paused, hoping that Smillie would stamp this with his approval of faith. And Smillie, noting the agreement between his and MasonвАЩs assertions, yet anxious to placate him, returned: вАЬYes, I know. He was just showing them to me.вАЭ
вАЬI knew he would,вАЭ continued Clyde, weakly. вАЬBut you know how it is sometimes, Mr.¬†Smillie,вАЭ his voice, because of his fears that the sheriff or Kraut were listening, pitched very low. вАЬA man can get in a jam with a girl when he never even intended to at first. You know that yourself. I did like Roberta at first, and thatвАЩs the truth, and I did get in with her just as those letters show. But you know that rule they have down there, that no one in charge of a department can have anything to do with any of the women under him. Well, thatвАЩs what started all the trouble for me, I guess. I was afraid to let anyone know about it in the first place, you see.вАЭ
вАЬOh, I see.вАЭ
And so by degrees, and growing less and less tense as he proceeded, since Smillie appeared to be listening with sympathy, he now outlined most of the steps of his early intimacy with Roberta, together with his present defense. But with no word as to the camera, or the two hats or the lost suit, which things were constantly and enormously troubling him. How could he ever explain these, really? And with Smillie at the conclusion of this and because of what Mason had told him, asking: вАЬBut what about those two hats, Clyde? This man over here was telling me that you admit to having two straw hatsвБ†вАФthe one found on the lake and the one you wore away from there.вАЭ
And Clyde, forced to say something, yet not knowing what, replying: вАЬBut theyвАЩre wrong as to my wearing a straw hat away from there, Mr.¬†Smillie, it was a cap.вАЭ
вАЬI see. But still you did have a straw hat up at Bear Lake, he tells me.вАЭ
вАЬYes, I had one there, but as I told him, that was the one I had with me when I went up to the CranstonsвАЩ the first time. I told him that. I forgot it and left it there.вАЭ
вАЬOh, I see. But now there was something about a suitвБ†вАФa gray one, I believeвБ†вАФthat he says you were seen wearing up there but that he canвАЩt find now? Were you wearing one?вАЭ
вАЬNo. I was wearing the blue suit I had on when I came down here. TheyвАЩve taken that away now and given me this one.вАЭ
вАЬBut he says that you say you had it dry-cleaned at Sharon but that he canвАЩt find anyone there who knows anything about it. How about that? Did you have it dry-cleaned there?вАЭ
вАЬYes, sir.вАЭ
вАЬBy whom?вАЭ
вАЬWell, I canвАЩt just remember now. But I think I can find the man if I were to go up there againвБ†вАФheвАЩs near the depot,вАЭ but at the same time looking down and away from Smillie.
And then Smillie, like Mason before him, proceeding to ask about the bag in the boat, and whether it had not been possible, if he could swim to shore with his shoes and suit on, for him to have swam to Roberta and assisted her to cling to the overturned boat. And Clyde explaining, as before, that he was afraid of being dragged down, but adding now, for the first time, that he had called to her to hang on to the boat, whereas previously he had said that the boat drifted away from them. And Smillie recalled that Mason had told him this. Also, in connection with ClydeвАЩs story of the wind blowing his hat off, Mason had said he could prove by witnesses, as well as the U.S. Government reports, that there was not a breath of air stirring on that most halcyon day. And so, plainly, Clyde was lying. His story was too thin. Yet Smillie, not wishing to embarrass him, kept saying: вАЬOh, I see,вАЭ or, вАЬTo be sure,вАЭ or вАЬThatвАЩs the way it was, was it?вАЭ
And then finally asking about the marks on RobertaвАЩs face and head. For Mason had called his attention to them and insisted that no blow from a boat would make both abrasions. But Clyde sure that the boat had only struck her once and that all the bruises had come from that or else he could not guess from what they had come. But then beginning to see how hopeless was all this explanation. For it was so plain from his restless, troubled manner that Smillie did not believe him. Quite obviously he considered his not having aided Roberta as dastardlyвБ†вАФa thin excuse for letting her die.
And so, too weary and disheartened to lie more, finally ceasing. And Smillie, too sorry and disturbed to wish to catechize or confuse him further, fidgeting and fumbling and finally declaring: вАЬWell, IвАЩm afraid IвАЩll have to be going now, Clyde. The roads are pretty bad between here and Sharon. But IвАЩve been mighty glad to hear your side of it. And IвАЩll present it to your uncle just as you have told it to me. But in the meantime, if I were you, I wouldnвАЩt do any more talking than I could helpвБ†вАФnot until you hear further from me. I was instructed to find an attorney up here to handle this case for you, if I could, but since itвАЩs late and Mr.¬†Brookhart, our chief counsel, will be back tomorrow, I think IвАЩll just wait until I can talk to him. So if youвАЩll take my advice, youвАЩll just not say anything until you hear from him or me. Either heвАЩll come or heвАЩll send someoneвБ†вАФheвАЩll bring a letter from me, whoever he is, and then heвАЩll advise you.вАЭ
And with this parting admonition, leaving Clyde to his thoughts and himself feeling no least doubt of his guilt and that nothing less than the GriffithsвАЩ millions, if so they chose to spend them, could save him from a fate which was no doubt due him.
XIII
And then on the following morning Samuel Griffiths, with his own son Gilbert standing by, in the large drawing room of their Wykeagy Avenue mansion, listening to SmillieвАЩs report of his conference with Clyde and Mason. And Smillie reporting all he had heard and seen. And with Gilbert Griffiths, unbelievably shaken and infuriated by all this, exclaiming at one point:
вАЬWhy, the little devil! The little beast! But what did I tell you, Dad? DidnвАЩt I warn you against bringing him on?вАЭ
And Samuel Griffiths after meditating on this reference to his earlier sympathetic folly now giving Gilbert a most suggestive and intensely troubled look, which said: Are we here to discuss the folly of my original, if foolish, good intentions, or the present crisis? And Gilbert thinking: The murderer! And that wretched little show-off, Sondra Finchley, trying to make something of him in order to spite me, Gilbert, principally, and so getting herself smirched. The little fool! But it served her right. She would get her share of this now. Only it would cause him and his father and all of them infinite trouble also. For was this not an ineradicable stain which was likely to defile allвБ†вАФhimself, his fianc√©e, Bella, Myra, his parentsвБ†вАФand perhaps cost them their position here in Lycurgus society? The tragedy! Maybe an execution! And in this family!
Yet Samuel Griffiths, on his part, going back in his mind to all that had occurred since Clyde had arrived in Lycurgus.
His being left to work in that basement at first and ignored by the family. Left to his own devices for fully eight months. Might not that have been at least a contributing cause to all this horror? And then being put over all those girls! Was not that a mistake? He could see all this now clearly, although by no means condoning ClydeвАЩs deed in any wayвБ†вАФfar from it. The wretchedness of such a mind as thatвБ†вАФthe ungoverned and carnal desires! The uncontrollable brutality of seducing that girl and then because of SondraвБ†вАФthe pleasant, agreeable little SondraвБ†вАФplotting to get rid of her! And now in jail, and offering no better explanation of all the amazing circumstances, as reported by Smillie, than that he had not intended to kill her at allвБ†вАФhad not even plotted to do soвБ†вАФthat the wind had blown his hat off! How impossibly weak! And with no suitable explanation for the two hats, or the missing suit, or of not going to the aid of the drowning girl. And those unexplained marks on her face. How strongly all these things pointed to his guilt.
вАЬFor GodвАЩs sake,вАЭ exclaimed Gilbert, вАЬhasnвАЩt he anything better than that to offer, the little fool!вАЭ And Smillie replied that that was all he could get him to say, and that Mr.¬†Mason was absolutely and quite dispassionately convinced of his guilt. вАЬDreadful! Dreadful!вАЭ put in Samuel. вАЬI really canвАЩt grasp it yet. I canвАЩt! It doesnвАЩt seem possible that any one of my blood could be guilty of such a thing!вАЭ And then getting up and walking the floor in real and crushing distress and fear. His family! Gilbert and his future! Bella, with all her ambitions and dreams! And Sondra! And Finchley!
He clinched his hands. He knitted his brows and tightened his lips. He looked at Smillie, who, immaculate and sleek, showed nevertheless the immense strain that was on him, shaking his head dismally whenever Griffiths looked at him.
And then after nearly an hour and a half more of such questioning and requestioning as to the possibility of some other interpretation than the data furnished by Smillie would permit, Griffiths, senior, pausing and declaring: вАЬWell, it does look bad, I must say. Still, in the face of what you tell me, I canвАЩt find it in me to condemn completely without more knowledge than we have here. There may be some other facts not as yet come to lightвБ†вАФhe wonвАЩt talk, you say, about most thingsвБ†вАФsome little details we donвАЩt know aboutвБ†вАФsome slight excuse of some kindвБ†вАФfor without that this does appear to be a most atrocious crime. Has Mr.¬†Brookhart got in from Boston?вАЭ
вАЬYes, sir, heвАЩs here,вАЭ replied Gilbert. вАЬHe telephoned Mr.¬†Smillie.вАЭ
вАЬWell, have him come out here at two this afternoon to see me. IвАЩm too tired to talk more about this right now. Tell him all that you have told me, Smillie. And then come back here with him at two. It may be that he will have some suggestion to make that will be of value to us, although just what I canвАЩt see. Only one thing I want to sayвБ†вАФI hope he isnвАЩt guilty. And I want every proper step taken to discover whether he is or not, and if not, to defend him to the limit of the law. But no more than that. No trying to save anybody who is guilty of such a thing as thisвБ†вАФno, no, no!вБ†вАФnot even if he is my nephew! Not me! IвАЩm not that kind of a man! Trouble or no troubleвБ†вАФdisgrace or no disgraceвБ†вАФIвАЩll do what I can to help him if heвАЩs innocentвБ†вАФif thereвАЩs even the faintest reason for believing so. But guilty? No! Never! If this boy is really guilty, heвАЩll have to take the consequences. Not a dollarвБ†вАФnot a pennyвБ†вАФof my money will I devote to anyone who could be guilty of such a crime, even if he is my nephew!вАЭ
And turning and slowly and heavily moving toward the rear staircase, while Smillie, wide-eyed, gazed after him in awe. The power of him! The decision of him! The fairness of him in such a deadly crisis! And Gilbert equally impressed, also sitting and staring. His father was a man, really. He might be cruelly wounded and distressed, but, unlike himself, he was neither petty nor revengeful.
And next Mr.¬†Darrah Brookhart, a large, well-dressed, well-fed, ponderous and cautious corporation lawyer, with one eye half concealed by a drooping lid and his stomach rather protuberant, giving one the impression of being mentally if not exactly physically suspended, balloon-wise, in some highly rarefied atmosphere where he was moved easily hither and yon by the lightest breath of previous legal interpretations or decisions of any kind. In the absence of additional facts, the guilt of Clyde (to him) seemed obvious. Or, waiving that, as he saw it after carefully listening to SmillieвАЩs recounting of all the suspicious and incriminating circumstances, he would think it very difficult to construct an even partially satisfactory defense, unless there were some facts favoring Clyde which had not thus far appeared. Those two hats, that bagвБ†вАФhis slipping away like that. Those letters. But he would prefer to read them. For upon the face of the data so far, unquestionably public sentiment would be all against Clyde and in favor of the dead girl and her poverty and her class, a situation which made a favorable verdict in such a backwoods county seat as Bridgeburg almost impossible. For Clyde, although himself poor, was the nephew of a rich man and hitherto in good standing in Lycurgus society. That would most certainly tend to prejudice country-born people against him. It would probably be better to ask for a change of venue so as to nullify the force of such a prejudice.
On the other hand, without first sending a trained cross-examiner to ClydeвБ†вАФone, who being about to undertake the defense should be able to extract the facts from him on the plea that on his truthful answers depended his lifeвБ†вАФhe would not be able to say whether there was any hope or not. In his office was a certain Mr.¬†Catchuman, a very able man, who might be sent on such a mission and on whose final report one could base a reasonable opinion. However, there were now various other aspects of such a case as this which, in his estimation, needed to be carefully looked into and decided upon. For, of course, as Mr.¬†Griffiths and his son so well knew, in Utica, New York City, Albany (and now that he came to think of it, more particularly in Albany, where were two brothers, Canavan¬†& Canavan, most able if dubious individuals), there were criminal lawyers deeply versed in the abstrusities and tricks of the criminal law. And any of themвБ†вАФno doubtвБ†вАФfor a sufficient retainer, and irrespective of the primary look of a situation of this kind, might be induced to undertake such a defense. And, no doubt, via change of venue, motions, appeals, etc., they might and no doubt would be able to delay and eventually effect an ultimate verdict of something less than death, if such were the wish of the head of this very important family. On the other hand, there was the undeniable fact that such a hotly contested trial as this would most assuredly prove to be would result in an enormous amount of publicity, and did Mr.¬†Samuel Griffiths want that? For again, under such circumstances, was it not likely to be said, if most unjustly, of course, that he was using his great wealth to frustrate justice? The public was so prejudiced against wealth in such cases. Yet, some sort of a defense on the part of the Griffiths would certainly be expected by the public, whether subsequently the same necessity for such defense was criticized by them or not.
And in consequence, it was now necessary for Mr.¬†Griffiths and his son to decide how they would prefer to proceedвБ†вАФwhether with very distinguished criminal lawyers such as the two he had just named, or with less forceful counsel, or none. For, of course, it would be possible, and that quite inconspicuously, to supply Clyde with a capable and yet thoroughly conservative trial lawyerвБ†вАФsomeone residing and practising in Bridgeburg possiblyвБ†вАФwhose duty it would be to see that all blatant and unjustified reference to the family on the part of the newspapers was minimized.
And so, after three more hours of conference, it was finally decided by Samuel himself that at once Mr.¬†Brookhart was to despatch his Mr.¬†Catchuman to Bridgeburg to interview Clyde, and thereafter, whatever his conclusions as to his guilt or innocence, he was to select from the local array of legal talentвБ†вАФfor the present, anyhowвБ†вАФsuch a lawyer as would best represent Clyde fairly. Yet with no assurances of means or encouragement to do more than extract from Clyde the true details of his relationship to this charge. And those once ascertained to center upon such a defense as would most honestly tend to establish only such facts as were honestly favorable to ClydeвБ†вАФin short, in no way, either by legal chicane or casuistry or trickery of any kind, to seek to establish a false innocence and so defeat the ends of justice.
XIV
Mr.¬†Catchuman did not prove by any means to be the one to extract from Clyde anything more than had either Mason or Smillie. Although shrewd to a degree in piecing together out of the muddled statements of another such data as seemed most probable, still he was not so successful in the realm of the emotions, as was necessary in the case of Clyde. He was too legal, chillingвБ†вАФunemotional. And in consequence, after grilling Clyde for four long hours one hot July afternoon, he was eventually compelled to desist with the feeling that as a plotter of crime Clyde was probably the most arresting example of feeble and blundering incapacity he had ever met.
For since SmillieвАЩs departure Mason had proceeded to the shores of Big Bittern with Clyde. And there discovered the tripod and camera. Also listened to more of ClydeвАЩs lies. And as he now explained to Catchuman that, while Clyde denied owning a camera, nevertheless he had proof that he did own one and had taken it with him when he left Lycurgus. Yet when confronted with this fact by Catchuman, as the latter now noticed, Clyde had nothing to say other than that he had not taken a camera with him and that the tripod found was not the one belonging to any camera of hisвБ†вАФa lie which so irritated Catchuman that he decided not to argue with him further.
At the same time, however, Brookhart having instructed him that, whatever his personal conclusions in regard to Clyde, a lawyer of sorts was indispensableвБ†вАФthe charity, if not the honor, of the Griffiths being this much involved, the western Griffiths, as Brookhart had already explained to him, having nothing and not being wanted in the case anyhowвБ†вАФhe decided that he must find one before leaving. In consequence, and without any knowledge of the local political situation, he proceeded to the office of Ira Kellogg, president of the Cataraqui County National Bank, who, although Catchuman did not know it, was high in the councils of the Democratic organization. And because of his religious and moral views, this same Kellogg was already highly incensed and irritated by the crime of which Clyde was accused. On the other hand, however, because as he well knew this case was likely to pave the way for an additional Republican sweep at the approaching primaries, he was not blind to the fact that some reducing opposition to Mason might not be amiss. Fate seemed too obviously to be favoring the Republican machine in the person of and crime committed by Clyde.
For since the discovery of this murder, Mason had been basking in such publicity and even nationwide notoriety as had not befallen any district attorney of this region in years and years. Newspaper correspondents and reporters and illustrators from such distant cities as Buffalo, Rochester, Chicago, New York and Boston, were already arriving as everybody knew or saw, to either interview or make sketches or take photos of Clyde, Mason, the surviving members of the Alden family, et cetera, while locally Mason was the recipient of undiluted praise, even the Democratic voters in the county joining with the Republicans in assuring each other that Mason was all right, that he was handling this young murderer in the way that he deserved to be handled, and that neither the wealth of the Griffiths nor of the family of that rich girl whom he appeared to have been trying to capture, was influencing this young tribune of the people in the least. He was a real attorney. He had not вАЬallowed any grass to grow under his feet, you bet.вАЭ
Indeed previous to CatchumanвАЩs visit, a coronerвАЩs jury had been called, with Mason attending and directing even, the verdict being that the dead girl had come to her death through a plot devised and executed by one Clyde Griffiths who was then and there in the county jail of Bridgeburg and that he be held to await the verdict of the County Grand Jury to whom his crime was soon to be presented. And Mason, through an appeal to the Governor, as all now knew was planning to secure a special sitting of the Supreme Court, which would naturally involve an immediate session of the County Grand Jury in order to hear the evidence and either indict or discharge Clyde. And now, Catchuman arriving to inquire where he was likely to find a local lawyer of real ability who could be trusted to erect some sort of a defense for Clyde. And immediately as an offset to all this there popped into KelloggвАЩs mind the name and reputation of one Hon.¬†Alvin Belknap, of Belknap and Jephson, of this same cityвБ†вАФan individual who had been twice state senator, three times Democratic assemblyman from this region, and more recently looked upon by various Democratic politicians as one who would be favored with higher honors as soon as it was possible to arrange an issue which would permit the Democrats to enter into local office. In fact, only three years before, in a contest with Mason for the district attorneyship, this same Belknap had run closer to victory than any other candidate on the Democratic ticket. Indeed, so rounded a man was he politically that this year he had been slated for that very county judgeship nomination which Mason had in view. And but for this sudden and most amazing development in connection with Clyde, it had been quite generally assumed that Belknap, once nominated, would be elected. And although Mr.¬†Kellogg did not quite trouble to explain to Catchuman all the complicated details of this very interesting political situation, he did explain that Mr.¬†Belknap was a very exceptional man, almost the ideal one, if one were looking for an opponent to Mason.
And with this slight introduction, Kellogg now offered personally to conduct Catchuman to Belknap and JephsonвАЩs office, just across the way in the Bowers Block.
And then knocking at BelknapвАЩs door, they were admitted by a brisk, medium-sized and most engaging-looking man of about forty-eight, whose gray-blue eyes at once fixed themselves in the mind of Catchuman as the psychic windows of a decidedly shrewd if not altogether masterful and broad-gauge man. For Belknap was inclined to carry himself with an air which all were inclined to respect. He was a college graduate, and in his youth because of his looks, his means, and his local social position (his father had been a judge as well as a national senator from here), he had seen so much of what might be called near-city life that all those gaucheries as well as sex-inhibitions and sex-longings which still so greatly troubled and motivated and even marked a man like Mason had long since been covered with an easy manner and social understanding which made him fairly capable of grasping any reasonable moral or social complication which life was prepared to offer.
Indeed he was one who naturally would approach a case such as ClydeвАЩs with less vehemence and fever than did Mason. For once, in his twentieth year, he himself had been trapped between two girls, with one of whom he was merely playing while being seriously in love with the other. And having seduced the first and being confronted with an engagement or flight, he had chosen flight. But not before laying the matter before his father, by whom he was advised to take a vacation, during which time the services of the family doctor were engaged with the result that for a thousand dollars and expenses necessary to house the pregnant girl in Utica, the father had finally extricated his son and made possible his return, and eventual marriage to the other girl.
And therefore, while by no means sympathizing with the more cruel and drastic phases of ClydeвАЩs attempt at escapeвБ†вАФas so far charged (never in all the years of his law practice had he been able to grasp the psychology of a murderer) still because of the rumored existence and love influence of a rich girl whose name had not as yet been divulged he was inclined to suspect that Clyde had been emotionally betrayed or bewitched. Was he not poor and vain and ambitious? He had heard so: had even been thinking that heвБ†вАФthe local political situation being what it was might advantageously to himselfвБ†вАФand perhaps most disruptingly to the dreams of Mr.¬†Mason be able to construct a defenseвБ†вАФor at least a series of legal contentions and delays which might make it not so easy for Mr.¬†Mason to walk away with the county judgeship as he imagined. Might it not, by brisk, legal moves nowвБ†вАФand even in the face of this rising public sentiment, or because of itвБ†вАФbe possible to ask for a change of venueвБ†вАФor time to develop new evidence in which case a trial might not occur before Mr.¬†Mason was out of office. He and his young and somewhat new associate, Mr.¬†Reuben Jephson, of quite recently the state of Vermont, had been thinking of it.
And now Mr. Catchuman accompanied by Mr. Kellogg. And thereupon a conference with Mr. Catchuman and Mr. Kellogg, with the latter arguing quite politically the wisdom of his undertaking such a defense. And his own interest in the case being what it was, he was not long in deciding, after a conference with his younger associate, that he would. In the long run it could not possibly injure him politically, however the public might feel about it now.
And then Catchuman having handed over a retainer to Belknap as well as a letter introducing him to Clyde, Belknap had Jephson call up Mason to inform him that Belknap¬†& Jephson, as counsel for Samuel Griffiths on behalf of his nephew, would require of him a detailed written report of all the charges as well as all the evidence thus far accumulated, the minutes of the autopsy and the report of the coronerвАЩs inquest. Also information as to whether any appeal for a special term of the Supreme Court had as yet been acted upon, and if so what judge had been named to sit, and when and where the Grand Jury would be gathered. Incidentally, he said, Messrs. Belknap and Jephson, having heard that Miss AldenвАЩs body had been sent to her home for burial, would request at once a counselвАЩs agreement whereby it might be exhumed in order that other doctors now to be called by the defense might be permitted to examine itвБ†вАФa proposition which Mason at once sought to oppose but finally agreed to rather than submit to an order from a Supreme Court judge.
These details having been settled, Belknap announced that he was going over to the jail to see Clyde. It was late and he had had no dinner, and might get none now, but he wanted to have a вАЬheart to heartвАЭ with this youth, whom Catchuman informed him he would find very difficult. But Belknap, buoyed up as he was by his opposition to Mason, his conviction that he was in a good mental state to understand Clyde, was in a high degree of legal curiosity. The romance and drama of this crime! What sort of a girl was this Sondra Finchley, of whom he had already heard through secret channels? And could she by any chance be brought to ClydeвАЩs defense? He had already understood that her name was not to be mentionedвБ†вАФhigh politics demanding this. He was really most eager to talk to this sly and ambitious and futile youth.
However, on reaching the jail, and after showing Sheriff Slack a letter from Catchuman and asking as a special favor to himself that he be taken upstairs to some place near ClydeвАЩs cell in order that, unannounced, he might first observe Clyde, he was quietly led to the second floor and, the outside door leading to the corridor which faced ClydeвАЩs cell being opened for him, allowed to enter there alone. And then walking to within a few feet of ClydeвАЩs cell he was able to view himвБ†вАФat the moment lying face down on his iron cot, his arms above his head, a tray of untouched food standing in the aperture, his body sprawled and limp. For, since CatchumanвАЩs departure, and his second failure to convince anyone of his futile and meaningless lies, he was more despondent than ever. In fact, so low was his condition that he was actually crying, his shoulders heaving above his silent emotion. At sight of this, and remembering his own youthful escapades, Belknap now felt intensely sorry for him. No soulless murderer, as he saw it, would cry.
Approaching ClydeвАЩs cell door, after a pause, he began with: вАЬCome, come, Clyde! This will never do. You mustnвАЩt give up like this. Your case maynвАЩt be as hopeless as you think. WouldnвАЩt you like to sit up and talk to a lawyer fellow who thinks he might be able to do something for you? Belknap is my nameвБ†вАФAlvin Belknap. I live right here in Bridgeburg and I have been sent over by that other fellow who was here a while agoвБ†вАФCatchuman, wasnвАЩt that his name? You didnвАЩt get along with him so very well, did you? Well, I didnвАЩt either. HeвАЩs not our kind, I guess. But hereвАЩs a letter from him authorizing me to represent you. Want to see it?вАЭ He poked it genially and authoritatively through the narrow bars toward which Clyde, now curious and dubious, approached. For there was something so wholehearted and unusual and seemingly sympathetic and understanding in this manвАЩs voice that Clyde took courage. And without hesitancy, therefore, he took the letter and looked at it, then returned it with a smile.
вАЬThere, I thought so,вАЭ went on Belknap, most convincingly and pleased with his effect, which he credited entirely to his own magnetism and charm. вАЬThatвАЩs better. I know weвАЩre going to get along. I can feel it. You are going to be able to talk to me as easily and truthfully as you would to your mother. And without any fear that any word of anything you ever tell me is going to reach another ear, unless you want it to, see? For IвАЩm going to be your lawyer, Clyde, if youвАЩll let me, and youвАЩre going to be my client, and weвАЩre going to sit down together tomorrow, or whenever you say so, and youвАЩre going to tell me all you think I ought to know, and IвАЩm going to tell you what I think I ought to know, and whether IвАЩm going to be able to help you. And IвАЩm going to prove to you that in every way that you help me, youвАЩre helping yourself, see? And IвАЩm going to do my damnedest to get you out of this. Now, howвАЩs that, Clyde?вАЭ
He smiled most encouragingly and sympatheticallyвБ†вАФeven affectionately. And Clyde, feeling for the first time since his arrival here that he had found someone in whom he could possibly confide without danger, was already thinking it might be best if he should tell this man allвБ†вАФeverythingвБ†вАФhe could not have said why, quite, but he liked him. In a quick, if dim way he felt that this man understood and might even sympathize with him, if he knew all or nearly all. And after Belknap had detailed how eager this enemy of hisвБ†вАФMasonвБ†вАФwas to convict him, and how, if he could but devise a reasonable defense, he was sure he could delay the case until this man was out of office, Clyde announced that if he would give him the night to think it all out, tomorrow or any time he chose to come back, he would tell him all.
And then, the next day Belknap sitting on a stool and munching chocolate bars, listened while Clyde before him on his iron cot, poured forth his storyвБ†вАФall the details of his life since arriving at LycurgusвБ†вАФhow and why he had come there, the incident of the slain child in Kansas City, without, however, mention of the clipping which he himself had preserved and then forgotten; his meeting with Roberta, and his desire for her; her pregnancy and how he had sought to get her out of itвБ†вАФon and on until, she having threatened to expose him, he had at last, and in great distress and fright, found the item in The Times-Union and had sought to emulate that in action. But he had never plotted it personally, as Belknap was to understand. Nor had he intentionally killed her at the last. No, he had not. Mr.¬†Belknap must believe that, whatever else he thought. He had never deliberately struck her. No, no, no! It had been an accident. There had been a camera, and the tripod reported to have been found by Mason was unquestionably his tripod. Also, he had hidden it under a log, after accidentally striking Roberta with the camera and then seeing that sink under the waters, where no doubt it still was, and with pictures of himself and Roberta on the film it contained, if they were not dissolved by the water. But he had not struck her intentionally. NoвБ†вАФhe had not. She had approached and he had struck, but not intentionally. The boat had upset. And then as nearly as he could, he described how before that he had seemed to be in a trance almost, because having gone so far he could go no farther.
But in the meantime, Belknap, himself finally wearied and confused by this strange story, the impossibility as he now saw it of submitting to, let alone convincing, any ordinary backwoods jury of this region, of the innocence of these dark and bitter plans and deeds, finally in great weariness and uncertainty and mental confusion, even, getting up and placing his hands on ClydeвАЩs shoulders, saying: вАЬWell, thatвАЩll be enough of this for today, Clyde, I think. I see how you felt and how it all came aboutвБ†вАФalso I see how tired you are, and IвАЩm mighty glad youвАЩve been able to give me the straight of this, because I know how hard itвАЩs been for you to do it. But I donвАЩt want you to talk any more now. There are going to be other days, and I have a few things I want to attend to before I take up some of the minor phases of this with you tomorrow or next day. Just you sleep and rest for the present. YouвАЩll need all you can get for the work both of us will have to do a little later. But just now, youвАЩre not to worry, because thereвАЩs no need of it, do you see? IвАЩll get you out of thisвБ†вАФor we willвБ†вАФmy partner and I. I have a partner that IвАЩm going to bring around here presently. YouвАЩll like him, too. But there are one or two things that I want you to think about and stick toвБ†вАФand one of these is that youвАЩre not to let anybody frighten you into anything, because either myself or my partner will be around here once a day anyhow, and anything you have to say or want to know you can say or find out from us. Next youвАЩre not to talk to anybodyвБ†вАФMason, the sheriff, these jailers, no oneвБ†вАФunless I tell you to. No one, do you hear! And above all things, donвАЩt cry any more. For if you are as innocent as an angel, or as black as the devil himself, the worst thing you can do is to cry before anyone. The public and these jail officers donвАЩt understand thatвБ†вАФthey invariably look upon it as weakness or a confession of guilt. And I donвАЩt want them to feel any such thing about you now, and especially when I know that youвАЩre really not guilty. I know that now. I believe it. See! So keep a stiff upper lip before Mason and everybody.
вАЬIn fact, from now on I want you to try and laugh a littleвБ†вАФor at any rate, smile and pass the time of day with these fellows around here. ThereвАЩs an old saying in law, you know, that the consciousness of innocence makes any man calm. Think and look innocent. DonвАЩt sit and brood and look as though you had lost your last friend, because you havenвАЩt. IвАЩm here, and so is my partner, Mr.¬†Jephson. IвАЩll bring him around here in a day or two, and youвАЩre to look and act toward him exactly as you have toward me. Trust him, because in legal matters heвАЩs even smarter than I am in some ways. And tomorrow IвАЩm going to bring you a couple of books and some magazines and papers, and I want you to read them or look at the pictures. TheyвАЩll help keep your mind off your troubles.вАЭ
Clyde achieved a rather feeble smile and nodded his head.
вАЬFrom now on, tooвБ†вАФI donвАЩt know whether youвАЩre at all religiousвБ†вАФbut whether you are or not, they hold services here in the jail on Sundays, and I want you to attend вАЩem regularlyвБ†вАФthat is, if they ask you to. For this is a religious community and I want you to make as good an impression as you can. Never mind what people say or how they lookвБ†вАФyou do as I tell you. And if this fellow Mason or any of those fellows around here get to pestering you any more, send me a note.
вАЬAnd now IвАЩll be going, so give me a cheerful smile as I go outвБ†вАФand another one as I come in. And donвАЩt talk, see?вАЭ
Then shaking Clyde briskly by the shoulders and slapping him on the back, he strode out, actually thinking to himself: вАЬBut do I really believe that this fellow is as innocent as he says? Would it be possible for a fellow to strike a girl like that and not know that he was doing it intentionally? And then swimming away afterwards, because, as he says, if he went near her he thought he might drown too. Bad. Bad! What twelve men are going to believe that? And that bag, those two hats, that missing suit! And yet he swears he didnвАЩt intentionally strike her. But what about all that planningвБ†вАФthe intentвБ†вАФwhich is just as bad in the eyes of the law. Is he telling the truth or is he lying even nowвБ†вАФperhaps trying to deceive himself as well as me? And that cameraвБ†вАФwe ought to get hold of that before Mason finds it and introduces it. And that suit. I ought to find that and mention it, maybe, so as to offset the look of its being hiddenвБ†вАФsay that we had it all the timeвБ†вАФsend it to Lycurgus to be cleaned. But no, noвБ†вАФwait a minuteвБ†вАФI must think about that.вАЭ
And so on, point by point, while deciding wearily that perhaps it would be better not to attempt to use ClydeвАЩs story at all, but rather to concoct some other storyвБ†вАФthis one changed or modified in some way which would make it appear less cruel or legally murderous.
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.
XVI
The result of all this, however, was that it was finally decided that perhaps the easiest and safest defense that could be made, assuming that the Griffiths family of Lycurgus would submit to it, would be that of insanity or вАЬbrain stormвАЭвБ†вАФa temporary aberration due to love and an illusion of grandeur aroused in Clyde by Sondra Finchley and the threatened disruption by Roberta of all his dreams and plans. But after consultation with Catchuman and Darrah Brookhart at Lycurgus, and these in turn conferring with Samuel and Gilbert Griffiths, it was determined that this would not do. For to establish insanity or вАЬbrain stormвАЭ would require previous evidence or testimony to the effect that Clyde was of none too sound mind, erratic his whole life long, and with certain specific instances tending to demonstrate how really peculiar he wasвБ†вАФrelatives (among them the Griffiths of Lycurgus themselves, perhaps), coming on to swear to itвБ†вАФa line of evidence, which, requiring as it would, outright lying and perjury on the part of many as well as reflecting on the GriffithsвАЩ blood and brain, was sufficient to alienate both Samuel and Gilbert to the extent that they would have none of it. And so Brookhart was compelled to assure Belknap that this line of defense would have to be abandoned.
Such being the case, both Belknap and Jephson were once more compelled to sit down and consider. For any other defense which either could think of now seemed positively hopeless.
вАЬI want to tell you one thing!вАЭ observed the sturdy Jephson, after thumbing through the letters of both Roberta and Sondra again. вАЬThese letters of this Alden girl are the toughest things weвАЩre going to have to face. TheyвАЩre likely to make any jury cry if theyвАЩre read right, and then to introduce those letters from that other girl on top of these would be fatal. It will be better, I think, if we do not mention hers at all, unless he does. It will only make it look as though he had killed that Alden girl to get rid of her. Mason couldnвАЩt want anything better, as I see it.вАЭ And with this Belknap agreed most heartily.
At the same time, some plan must be devised immediately. And so, out of these various conferences, it was finally deduced by Jephson, who saw a great opportunity for himself in this matter, that the safest possible defense that could be made, and one to which ClydeвАЩs own suspicious and most peculiar actions would most exactly fit, would be that he had never contemplated murder. On the contrary, being a moral if not a physical coward, as his own story seemed to suggest, and in terror of being exposed and driven out of Lycurgus and of the heart of Sondra, and never as yet having told Roberta of Sondra and thinking that knowledge of this great love for her (Sondra) might influence Roberta to wish to be rid of him, he had hastily and without any worse plan in mind, decided to persuade Roberta to accompany him to any nearby resort but not especially Grass Lake or Big Bittern, in order to tell her all this and so win his freedomвБ†вАФyet not without offering to pay her expenses as nearly as he could during her very trying period.
вАЬAll well and good,вАЭ commented Belknap. вАЬBut that involves his refusing to marry her, doesnвАЩt it? And what jury is going to sympathize with him for that or believe that he didnвАЩt want to kill her?вАЭ
вАЬWait a minute, wait a minute,вАЭ replied Jephson, a little testily. вАЬSo far it does. Sure. But you havenвАЩt heard me to the end yet. I said I had a plan.вАЭ
вАЬAll right, then what is it?вАЭ replied Belknap most interested.
вАЬWell, IвАЩll tell youвБ†вАФmy planвАЩs thisвБ†вАФto leave all the facts just as they are, and just as he tells them, and just as Mason has discussed them so far, except, of course, his striking herвБ†вАФand then explain themвБ†вАФthe letters, the wounds, the bag, the two hats, everythingвБ†вАФnot deny them in any way.вАЭ
And here he paused and ran his long, thin, freckled hands eagerly through his light hair and looked across the grass of the public square to the jail where Clyde was, then toward Belknap again.
вАЬAll very good, but how?вАЭ queried Belknap.
вАЬThereвАЩs no other way, I tell you,вАЭ went on Jephson quite to himself, and ignoring his senior, вАЬand I think this will do it.вАЭ He turned to look out the window again, and began as though talking to someone outside: вАЬHe goes up there, you see, because heвАЩs frightened and because he has to do something or be exposed. And he signs those registers just as he did because heвАЩs afraid to have it known by anybody down there in Lycurgus that he is up there. And he has this plan about confessing to her about this other girl. But,вАЭ and now he paused and looked fixedly at Belknap, вАЬand this is the keystone of the whole thingвБ†вАФif this wonвАЩt hold water, then down we go! Listen! He goes up there with her, frightened, and not to marry her or to kill her but to argue with her to go away. But once up there and he sees how sick she is, and tired, and sadвБ†вАФwell, you know how much she still loves him, and he spends two nights with her, see?вАЭ
вАЬYes, I see,вАЭ interrupted Belknap, curiously, but not quite so dubiously now. вАЬAnd that might explain those nights.вАЭ
вАЬMight? Would!вАЭ replied Jephson, slyly and calmly, his harebell eyes showing only cold, eager, practical logic, no trace of emotion or even sympathy of any kind, really. вАЬWell, while heвАЩs up there with her under those conditionsвБ†вАФso close to her again, you seeвАЭ (and his facial expression never altered so much as by a line) вАЬhe experiences a change of heart. You get me? HeвАЩs sorry for her. HeвАЩs ashamed of himselfвБ†вАФhis sin against her. That ought to appeal to these fellows around here, these religious and moral people, oughtnвАЩt it?вАЭ
вАЬIt might,вАЭ quietly interpolated Belknap, who by now was very much interested and a little hopeful.
вАЬHe sees that heвАЩs done her a wrong,вАЭ continued Jephson, intent, like a spider spinning a web, on his own plan, вАЬand in spite of all his affection for this other girl, heвАЩs now ready to do the right thing by this Alden girl, do you see, because heвАЩs sorry and ashamed of himself. That takes the black look off his plotting to kill her while spending those two nights in Utica and Grass Lake with her.вАЭ
вАЬHe still loves the other girl, though?вАЭ interjected Belknap.
вАЬWell, sure. He likes her at any rate, has been fascinated by that life down there and sort of taken out of himself, made over into a different person, but now heвАЩs ready to marry Roberta, in case, after telling her all about this other girl and his love for her, she still wants him to.вАЭ
вАЬI see. But how about the boat now and that bag and his going up to this Finchley girlвАЩs place afterwards?вАЭ
вАЬJust a minute! Just a minute! IвАЩll tell you about that,вАЭ continued Jephson, his blue eyes boring into space like a powerful electric ray. вАЬOf course, he goes out in the boat with her, and of course he takes that bag, and of course he signs those registers falsely, and walks away through those woods to that other girl, after Roberta is drowned. But why? Why? Do you want to know why? IвАЩll tell you! He felt sorry for her, see, and he wanted to marry her, or at least he wanted to do the right thing by her at the very last there. Not before, not before, remember, but after he had spent a night with her in Utica and another one in Grass Lake. But once she was drownedвБ†вАФand accidentally, of course, as he says, there was his love for that other girl. He hadnвАЩt ceased loving her even though he was willing to sacrifice her in order to do the right thing by Roberta. See?вАЭ
вАЬI see.вАЭ
вАЬAnd how are they going to prove that he didnвАЩt experience a change of heart if he says he did and sticks to it?вАЭ
вАЬI see, but heвАЩll have to tell a mighty convincing story,вАЭ added Belknap, a little heavily. вАЬAnd how about those two hats? TheyвАЩre going to have to be explained.вАЭ
вАЬWell, IвАЩm coming to those now. The one he had was a little soiled. And so he decided to buy another. As for that story he told Mason about wearing a cap, well, he was frightened and lied because he thought he would have to get out of it. Now, of course, before he goes to that other girl afterwardsвБ†вАФwhile Roberta is still alive, I mean, thereвАЩs his relationship with the other girl, what he intends to do about her. HeвАЩs talking to Roberta, now you see,вАЭ he continued, вАЬand that has to be disposed of in some way. But, as I see it, thatвАЩs easy, for of course after he experiences a change of heart and wants to do the right thing by Roberta, all he has to do is to write that other girl or go to her and tell herвБ†вАФabout the wrong he has done Roberta.вАЭ
вАЬYes.вАЭ
вАЬFor, as I see it now, she canвАЩt be kept out of the case entirely, after all. WeвАЩll have to ring her in, IвАЩm afraid.вАЭ
вАЬAll right; then we have to,вАЭ said Belknap.
вАЬBecause you see, if Roberta still feels that he ought to marry herвБ†вАФheвАЩll go first and tell that Finchley girl that he canвАЩt marry herвБ†вАФthat heвАЩs going awayвБ†вАФthat is, if Roberta doesnвАЩt object to his leaving her that long, donвАЩt you see?вАЭ
вАЬYes.вАЭ
вАЬIf she does, heвАЩll marry her, either at Three Mile Bay or some other place.вАЭ
вАЬYes.вАЭ
вАЬBut you donвАЩt want to forget that while sheвАЩs still alive heвАЩs puzzled and distressed. And itвАЩs only after that second night, at Grass Lake, that he begins to see how wrong all his actions have been, you understand. Something happens. Maybe she cries or talks about wanting to die, like she does in those letters.вАЭ
вАЬYes.вАЭ
вАЬAnd so he wants a quiet place where they can sit down in peace and talk, where no one else will see or hear them.вАЭ
вАЬYes, yesвБ†вАФgo on.вАЭ
вАЬWell, he thinks of Big Bittern. HeвАЩs been up there once before or theyвАЩre near there, then, and just below there, twelve miles, is Three Mile Bay, where, if they decide to marry, they can.вАЭ
вАЬI see.вАЭ
вАЬIf not, if she doesnвАЩt want to marry him after his full confession, he can row her back to the inn, canвАЩt he, and he or she can stay there or go on.вАЭ
вАЬYes, yes.вАЭ
вАЬIn the meantime, not to have any delay or be compelled to hang about that innвБ†вАФitвАЩs rather expensive, you know, and he hasnвАЩt any too much moneyвБ†вАФhe takes that lunch in his bag. Also his camera, because he wants to take some pictures. For if Mason should turn up with that camera, itвАЩs got to be explained, and it will be better explained by us than it will be by him, wonвАЩt it?вАЭ
вАЬI see, I see,вАЭ exclaimed Belknap, intensely interested by now and actually smiling and beginning to rub his hands.
вАЬSo they go out on the lake.вАЭ
вАЬYes.вАЭ
вАЬAnd they row around.вАЭ
вАЬYes.вАЭ
вАЬAnd finally after lunch on shore, some pictures takenвБ†вАФвАЭ
вАЬYes.вАЭ
вАЬHe decides to tell her just how things stand with him. HeвАЩs ready, willingвБ†вАФвАЭ
вАЬI get you.вАЭ
вАЬOnly just before doing that, he wants to take one or two more pictures of her there in the boat, just off shore.вАЭ
вАЬYes.вАЭ
вАЬAnd then heвАЩll tell her, see?вАЭ
вАЬYes.вАЭ
вАЬAnd so they go out in the boat again for a little row, just as he did, see?вАЭ
вАЬYes.вАЭ
вАЬBut because they intend to go ashore again for some flowers, heвАЩs left the bag there, see? That explains the bag.вАЭ
вАЬYes.вАЭ
вАЬBut before taking any more pictures there, in the boat on the water, he begins to tell her about his love for this other girlвБ†вАФthat if she wants him to, now heвАЩll marry her and then write this Sondra a letter. Or, if she feels she doesnвАЩt want to marry him with him loving this other girlвБ†вАКвБ†вА¶вАЭ
вАЬYes, go on!вАЭ interrupted Belknap, eagerly.
вАЬWell,вАЭ continued Jephson, вАЬheвАЩll do his best to take care of her and support her out of the money heвАЩll have after he marries the rich girl.вАЭ
вАЬYes.вАЭ
вАЬWell, she wants him to marry her and drop this Miss Finchley!вАЭ
вАЬI see.вАЭ
вАЬAnd he agrees?вАЭ
вАЬSure.вАЭ
вАЬAlso sheвАЩs so grateful that in her excitement, or gratitude, she jumps up to come toward him, you see?вАЭ
вАЬYes.вАЭ
вАЬAnd the boat rocks a little, and he jumps up to help her because heвАЩs afraid sheвАЩs going to fall, see?вАЭ
вАЬYes, I see.вАЭ
вАЬWell, now if we wanted to we could have him have that camera of his in his hand or not, just as you think fit.вАЭ
вАЬYes, I see what youвАЩre driving at.вАЭ
вАЬWell, whether he keeps it in his hand or doesnвАЩt, thereвАЩs some misstep on his part or hers, just as he says, or just the motion of the two bodies, causes the boat to go over, and he strikes her, or not, just as you think fit, but accidentally, of course.вАЭ
вАЬYes, I see, and IвАЩll be damned!вАЭ exclaimed Belknap. вАЬFine, Reuben! Excellent! Wonderful, really!вАЭ
вАЬAnd the boat strikes her too, as well as him, a little, see?вАЭ went on Jephson, paying no attention to this outburst, so interested was he in his own plot, вАЬand makes him a little dizzy, too.вАЭ
вАЬI see.вАЭ
вАЬAnd he hears her cries and sees her, but heвАЩs a little stunned himself, see? And by the time heвАЩs ready to do somethingвБ†вАФвАЭ
вАЬSheвАЩs gone,вАЭ concluded Belknap, quietly. вАЬDrowned. I get you.вАЭ
вАЬAnd then, because of all those other suspicious circumstances and false registrationsвБ†вАФand because now sheвАЩs gone and he canвАЩt do anything more for her, anyhowвБ†вАФher relatives might not want to know her condition, you knowвБ†вАФвАЭ
вАЬI see.вАЭ
вАЬHe slips away, frightened, a moral coward, just as weвАЩll have to contend from the first, anxious to stand well with his uncle and not lose his place in this world. DoesnвАЩt that explain it?вАЭ
вАЬAbout as well as anything could explain it, Reuben, I think. In fact, I think itвАЩs a plausible explanation and I congratulate you. I donвАЩt see how anyone could hope to find a better. If that doesnвАЩt get him off, or bring about a disagreement, at least we might get him off with, well, say, twenty years, donвАЩt you think?вАЭ And very much cheered, he got up, and after eyeing his long, thin associate admiringly, added: вАЬFine!вАЭ while Jephson, his blue eyes for all the world like windless, still pools, looked steadily back.
вАЬBut of course you know what that means?вАЭ Jephson now added, calmly and softly.
вАЬThat we have to put him on the witness stand? Surely, surely. I see that well enough. But itвАЩs his only chance.вАЭ
вАЬAnd he wonвАЩt strike people as a very steady or convincing fellow, IвАЩm afraidвБ†вАФtoo nervous and emotional.вАЭ
вАЬYes, I know all that,вАЭ replied Belknap, quickly. вАЬHeвАЩs easily rattled. And Mason will go after him like a wild bull. But weвАЩll have to coach him as to all thisвБ†вАФdrill him. Make him understand that itвАЩs his only chanceвБ†вАФthat his very life depends on it. Drill him for months.вАЭ
вАЬIf he fails, then heвАЩs gone. If only we could do something to give him courageвБ†вАФteach him to act it out.вАЭ JephsonвАЩs eyes seemed to be gazing directly before him at the very courtroom scene in which Clyde on the stand would have Mason before him. And then picking up RobertaвАЩs letters (copies of them furnished by Mason) and looking at them, he concluded: вАЬIf it only werenвАЩt for theseвБ†вАФhere.вАЭ He weighed them up and down in his hand. вАЬChrist!вАЭ he finally concluded, darkly. вАЬWhat a case! But weвАЩre not licked yet, not by a darn sight! Why, we havenвАЩt begun to fight yet. And weвАЩll get a lot of publicity, anyhow. By the way,вАЭ he added, вАЬIвАЩm having a fellow I know down near Big Bittern dredge for that camera tonight. Wish me luck.вАЭ
вАЬDo I?вАЭ was all Belknap replied.
XVII
The struggle and excitement of a great murder trial! Belknap and Jephson, after consulting with Brookhart and Catchuman, learning that they considered JephsonвАЩs plan вАЬperhaps the only way,вАЭ but with as little reference to the Griffiths as possible.
And then at once, Messrs. Belknap and Jephson issuing preliminary statements framed in such a manner as to show their faith in Clyde, presenting him as being, in reality, a much maligned and entirely misunderstood youth, whose intentions and actions toward Miss Alden were as different from those set forth by Mason as white from black. And intimating that the undue haste of the district attorney in seeking a special term of the Supreme Court might possibly have a political rather than a purely legal meaning. Else why the hurry, especially in the face of an approaching county election? Could there be any plan to use the results of such a trial as this to further any particular personвАЩs, or group of personsвАЩ, political ambitions? Messrs. Belknap and Jephson begged to hope not.
But regardless of such plans or the prejudices or the political aspirations of any particular person or group, the defense in this instance did not propose to permit a boy as innocent as Clyde, trapped by circumstancesвБ†вАФas counsel for the defense would be prepared to showвБ†вАФto be railroaded to the electric chair merely to achieve a victory for the Republican party in November. Furthermore, to combat these strange and yet false circumstances, the defense would require a considerable period of time to prepare its case. Therefore, it would be necessary for them to file a formal protest at Albany against the district attorneyвАЩs request to the governor for a special term of the Supreme Court. There was no need for the same, since the regular term for the trial of such cases would fall in January, and the preparation of their case would require that much time.
But while this strong, if rather belated, reply was listened to with proper gravity by the representatives of the various newspapers, Mason vigorously pooh-poohed this вАЬwindyвАЭ assertion of political plotting, as well as the talk of ClydeвАЩs innocence. вАЬWhat reason have I, a representative of all the people of this county, to railroad this man anywhere or make one single charge against him unless the charges make themselves? DoesnвАЩt the evidence itself show that he did kill this girl? And has he ever said or done one thing to clear up any of the suspicious circumstances? No! Silence or lies. And until these circumstances are disproved by these very able gentlemen, I am going right ahead. I have all the evidence necessary to convict this young criminal now. And to delay it until January, when I shall be out of office, as they know, and when a new man will have to go over all this evidence with which I have familiarized myself, is to entail great expense to the county. For all the witnesses I have gotten together are right here now, easy to bring into Bridgeburg without any great expense to the county. But where will they be next January or February, especially after the defense has done its best to scatter them? No, sir! I will not agree to it. But, if within ten days or two weeks from now even, they can bring me something that will so much as make it look as though even some of the charges I have made are not true, IвАЩll be perfectly willing to go before the presiding judge with them, and if they can show him any evidence they have or hope to have, or that there are any distant known witnesses to be secured who can help prove this fellowвАЩs innocence, why, then, well and good. IвАЩll be willing to ask the judge to grant them as much time as he may see fit, even if it throws the trial over until I am out of office. But if the trial comes up while IвАЩm here, as I honestly hope it will, IвАЩll prosecute it to the best of my ability, not because IвАЩm looking for an office of any kind but because I am now the district attorney and it is my duty to do so. And as for my being in politics, well, Mr.¬†Belknap is in politics, isnвАЩt he? He ran against me the last time, and I hear he desires to run again.вАЭ
Accordingly he proceeded to Albany further to impress upon the governor the very great need of an immediate special term of the Court so that Clyde might be indicted. And the Governor, hearing the personal arguments of both Mason and Belknap, decided in favor of Mason, on the ground that the granting of a special term did not militate against any necessary delay of the trial of the case, since nothing which the defense as yet had to offer seemed to indicate that the calling of a special term was likely in any way to prevent it from obtaining as much time wherein to try the case as needed. Besides, it would be the business of the Supreme Court justice appointed to consider such argumentsвБ†вАФnot himself. And accordingly, a special term of the Supreme Court was ordered, with one Justice Frederick Oberwaltzer of the Eleventh Judicial District designated to preside. And when Mason appeared before him with the request that he fix the date of the Special Grand Jury by which Clyde might be indicted, this was set for August fifth.
And then that body sitting, it was no least trouble for Mason to have Clyde indicted.
And thereafter the best that Belknap and Jephson could do was to appear before Oberwaltzer, a Democrat, who owed his appointment to a previous governor, to argue for a change of venue, on the ground that by no possible stretch of the imagination could any twelve men residing in Cataraqui County be found who, owing to the public and private statements of Mason, were not already vitally opposed to Clyde and so convinced of his guilt that before ever such a jury could be addressed by a defense, he would be convicted.
вАЬBut where are you going then?вАЭ inquired Justice Oberwaltzer, who was impartial enough. вАЬThe same material has been published everywhere.вАЭ
вАЬBut, your Honor, this crime which the district attorney here has been so busy in magnifyingвБ†вАФвАЭ (a long and heated objection on the part of Mason).
вАЬBut we contend just the same,вАЭ continued Belknap, вАЬthat the public has been unduly stirred and deluded. You canвАЩt get twelve men now who will try this man fairly.вАЭ
вАЬWhat nonsense!вАЭ exclaimed Mason, angrily. вАЬMere twaddle! Why, the newspapers themselves have gathered and published more evidence than I have. ItвАЩs the publicly discovered facts in this case that have aroused prejudice, if any has been aroused. But no more than would be aroused anywhere, I maintain. Besides, if this case is to be transferred to a distant county when the majority of the witnesses are right here, this county is going to be saddled with an enormous expense, which it cannot afford and which the facts do not warrant.вАЭ
Justice Oberwaltzer, who was of a sober and moral turn, a slow and meticulous man inclined to favor conservative procedure in all things, was inclined to agree. And after five days, in which he did not more than muse idly upon the matter, he decided to deny the motion. If he were wrong, there was the Appellate Division to which the defense could resort. As for stays, having fixed the date of the trial for October fifteenth (ample time, as he judged, for the defense to prepare its case), he adjourned for the remainder of the summer to his cottage on Blue Mountain Lake, where both the prosecution and the defense, should any knotty or locally insoluble legal complication arise, would be able to find him and have his personal attention.
But with the entry of the Messrs. Belknap and Jephson into the case, Mason found it advisable to redouble his efforts to make positive, in so far as it were possible, the conviction of Clyde. He feared the young Jephson as much as he did Belknap. And for that reason, taking with him Burton Burleigh and Earl Newcomb, he now revisited Lycurgus, where among other things he was able to discover (1) where Clyde had purchased the camera; (2) that three days before his departure for Big Bittern he had said to Mrs.¬†Peyton that he was thinking of taking his camera with him and that he must get some films for it; (3) that there was a haberdasher by the name of Orrin Short who had known Clyde well and that but four months before Clyde had applied to him for advice in connection with a factory handвАЩs pregnant wifeвБ†вАФalso (and this in great confidence to Burton Burleigh, who had unearthed him) that he had recommended to Clyde a certain Dr.¬†Glenn, near Gloversville; (4) Dr.¬†Glenn himself being sought and pictures of Clyde and Roberta being submitted, he was able to identify Roberta, although not Clyde, and to describe the state of mind in which she had approached him, as well as the story she had toldвБ†вАФa story which in no way incriminated Clyde or herself, and which, therefore, Mason decided might best be ignored, for the present, anyhow.
And (5), via these same enthusiastic efforts, there rose to the surface the particular hat salesman in Utica who had sold Clyde the hat. For Burton Burleigh being interviewed while in Utica, and his picture published along with one of Clyde, this salesman chanced to see it and recalling him at once made haste to communicate with Mason, with the result that his testimony, properly typewritten and sworn to, was carried away by Mason.
And, in addition, the country girl who had been on the steamer Cygnus and who had noticed Clyde, wrote Mason that she remembered him wearing a straw hat, also his leaving the boat at Sharon, a bit of evidence which most fully confirmed that of the captain of the boat and caused Mason to feel that Providence or Fate was working with him. And last, but most important of all to him, there came a communication from a woman residing in Bedford, Pennsylvania, who announced that during the week of July third to tenth, she and her husband had been camping on the east shore of Big Bittern, near the southern end of the lake. And while rowing on the lake on the afternoon of July eighth, at about six oвАЩclock, she had heard a cry which sounded like that of a woman or girl in distressвБ†вАФa plaintive, mournful cry. It was very faint and had seemed to come from beyond the island which was to the south and west of the bay in which they were fishing.
Mason now proposed to remain absolutely silent regarding this information, and that about the camera and films and the data regarding ClydeвАЩs offense in Kansas City, until nearer the day of trial, or during the trial itself, when it would be impossible for the defense to attempt either to refute or ameliorate it in any way.
As for Belknap and Jephson, apart from drilling Clyde in the matter of his general denial based on his change of heart once he had arrived at Grass Lake, and the explanation of the two hats and the bag, they could not see that there was much to do. True, there was the suit thrown in Fourth Lake near the CranstonsвАЩ, but after much trolling on the part of a seemingly casual fisherman, that was brought up, cleaned and pressed, and now hung in a locked closet in the Belknap and Jephson office. Also, there was the camera at Big Bittern, dived for but never found by themвБ†вАФa circumstance which led Jephson to conclude that Mason must have it, and so caused him to decide that he would refer to it at the earliest possible opportunity at the trial. But as for Clyde striking her with it, even accidentally, well, it was decided at that time at least, to contend that he had notвБ†вАФalthough after exhuming RobertaвАЩs body at Biltz it had been found that the marks on her face, even at this date, did correspond in some degree to the size and shape of the camera.
For, in the first place, they were exceedingly dubious of Clyde as a witness. Would he or would he not, in telling of how it all happened, be sufficiently direct or forceful and sincere to convince any jury that he had so struck her without intending to strike her? For on that, marks or no marks, would depend whether the jury was going to believe him. And if it did not believe that he struck her accidentally, then a verdict of guilty, of course.
And so they prepared to await the coming of the trial, only working betimes and in so far as they dared, to obtain testimony or evidence as to ClydeвАЩs previous good character, but being blocked to a degree by the fact that in Lycurgus, while pretending to be a model youth outwardly, he had privately been conducting himself otherwise, and that in Kansas City his first commercial efforts had resulted in such a scandal.
However, one of the most difficult matters in connection with Clyde and his incarceration here, as Belknap and Jephson as well as the prosecution saw it, was the fact that thus far not one single member of his own or his uncleвАЩs family had come forward to champion him. And to no one save Belknap and Jephson had he admitted where his parents were. Yet would it not be necessary, as both Belknap and Jephson argued from time to time, if any case at all were to be made out for him, to have his mother or father, or at least a sister or a brother, come forward to say a good word for him? Otherwise, Clyde might appear to be a pariah, one who had been from the first a drifter and a waster and was now purposely being avoided by all who knew him.
For this reason, at their conference with Darrah Brookhart they had inquired after ClydeвАЩs parents and had learned that in so far as the Griffiths of Lycurgus were concerned, there lay a deep objection to bringing on any member of this western branch of the family. There was, as he explained, a great social gap between them, which it would not please the Lycurgus Griffiths to have exploited here. Besides, who could say but that once ClydeвАЩs parents were notified or discovered by the yellow press, they might not lend themselves to exploitation. Both Samuel and Gilbert Griffiths, as Brookhart now informed Belknap, had suggested that it was best, if Clyde did not object, to keeping his immediate relatives in the background. In fact, on this, in some measure at least, was likely to depend the extent of their financial aid to Clyde.
Clyde was in accord with this wish of the Griffiths, although no one who talked with him sufficiently or heard him express how sorry he was on his motherвАЩs account that all this had happened, could doubt the quality of the blood and emotional tie that held him and his mother together. The complete truth was that his present attitude toward her was a mixture of fear and shame because of the manner in which she was likely to view his predicamentвБ†вАФhis moral if not his social failure. Would she be willing to believe the story prepared by Belknap and Jephson as to his change of heart? But even apart from that, to have her come here now and look at him through these bars when he was so disgracedвБ†вАФto be compelled to face her and talk to her day after day! Her clear, inquiring, tortured eyes! Her doubt as to his innocence, since he could feel that even Belknap and Jephson, in spite of all their plans for him, were still a little dubious as to that unintentional blow of his. They did not really believe it, and they might tell her that. And would his religious, God-fearing, crime-abhorring mother be more credulous than they?
Being asked again what he thought ought to be done about his parents, he replied that he did not believe he could face his mother yetвБ†вАФit would do no good and would only torture both.
And fortunately, as he saw it, apparently no word of all that had befallen him had yet reached his parents in Denver. Because of their peculiar religious and moral beliefs, all copies of worldly and degenerate daily papers were consistently excluded from their home and Mission. And the Lycurgus Griffiths had had no desire to inform them.
Yet one night, at about the time that Belknap and Jephson were most seriously debating the absence of his parents and what, if anything, should be done about it, Esta, who some time after Clyde had arrived in Lycurgus had married and was living in the southeast portion of Denver, chanced to read in The Rocky Mountain NewsвБ†вАФand this just subsequent to ClydeвАЩs indictment by the Grand Jury at Bridgeburg:
Bridgeburg, NY, Aug. 6: A special Grand Jury appointed by Governor Stouderback, of this state, to sit in the case of Clyde Griffiths, the nephew of the wealthy collar manufacturer of the same name, of Lycurgus, New York, recently charged with the killing of Miss Roberta Alden, of Biltz, New York, at Big Bittern Lake in the Adirondacks on July 8th last, today returned an indictment charging murder in the first degree.
Subsequent to the indictment, Griffiths, who in spite of almost overwhelming evidence, has persisted in asserting that the alleged crime was an accident, and who, accompanied by his counsel, Alvin Belknap, and Reuben Jephson, of this city, was arraigned before Supreme Court Justice Oberwaltzer, pleaded not guilty. He was remanded for trial, which was set for October 15th.
Young Griffiths, who is only twenty-two years of age, and up to the day of his arrest a respected member of Lycurgus smart society, is alleged to have stunned and then drowned his working-girl sweetheart, whom he had wronged and then planned to desert in favor of a richer girl. The lawyers in this case have been retained by his wealthy uncle of Lycurgus, who has hitherto remained aloof. But apart from this, it is locally asserted, no relative has come forward to aid in his defense.
Esta forthwith made a hurried departure for her motherвАЩs home. Despite the directness and clarity of this she was not willing to believe it was Clyde. Still there was the damning force of geography and namesвБ†вАФthe rich Lycurgus Griffiths, the absence of his own relatives.
As quickly as the local street car would carry her, she now presented herself at the combined lodging house and mission known as the Star of Hope, in Bildwell Street, which was scarcely better than that formerly maintained in Kansas City. For while it provided a number of rooms for wayfarers at twenty-five cents a night, and was supposed to be self-supporting, it entailed much work with hardly any more profit. Besides, by now, both Frank and Julia, who long before this had become irked by the drab world in which they found themselves, had earnestly sought to free themselves of it, leaving the burden of the mission work on their father and mother. Julia, now nineteen, was cashiering for a local downtown restaurant, and Frank, nearing seventeen, had but recently found work in a fruit and vegetable commission house. In fact, the only child about the place by day was little Russell, the illegitimate son of EstaвБ†вАФnow between three and four years of age, and most reservedly fictionalized by his grandparents as an orphan whom they had adopted in Kansas City. He was a dark-haired child, in some ways resembling Clyde, who, even at this early age, as Clyde had been before him, was being instructed in those fundamental verities which had irritated Clyde in his own childhood.
At the time that Esta, now a decidedly subdued and reserved wife, entered, Mrs.¬†Griffiths was busy sweeping and dusting and making up beds. But on sight of her daughter at this unusual hour approaching, and with blanched cheeks signaling her to come inside the door of a vacant room, Mrs.¬†Griffiths, who, because of years of difficulties of various kinds, was more or less accustomed to scenes such as this, now paused in wonder, the swiftly beclouding mist of apprehension shining in her eyes. What new misery or ill was this? For decidedly EstaвАЩs weak gray eyes and manner indicated distress. And in her hand was folded a paper, which she opened and after giving her mother a most solicitous look, pointed to the item, toward which Mrs.¬†Griffiths now directed her look. But what was this?
Boy slayer of working-girl sweetheart indicted.
Charged with the killing of Miss Roberta Alden at Big Bittern Lake in the Adirondacks on July 8 last.
Returned indictment charging murder in the first degree.
In spite of almost overwhelming circumstantial evidence.
Pleaded not guilty.
Remanded for trial.
Set for October 15.
Stunned and drowned his working-girl sweetheart.
No relative has come forward.
It was thus that her eye and her mind automatically selected the most essential lines. And then as swiftly going over them again.
Clyde Griffiths, nephew of the wealthy collar manufacturer of Lycurgus, New York.
ClydeвБ†вАФher son! And only recentlyвБ†вАФbut no, over a month agoвБ†вАФ(and they had been worrying a little as to that, she and Asa, because he had notвБ†вАФ) July 8th! And it was now August 11th! ThenвБ†вАФyes! But not her son! Impossible! Clyde the murderer of a girl who was his sweetheart! But he was not like that! He had written to her how he was getting alongвБ†вАФthe head of a large department, with a future. But of no girl. But now! And yet that other little girl there in Kansas City. Merciful God! And the Griffiths, of Lycurgus, her husbandвАЩs brother, knowing of this and not writing! Ashamed, disgusted, no doubt. Indifferent. But no, he had hired two lawyers. Yet the horror! Asa! Her other children! What the papers would say! This mission! They would have to give it up and go somewhere else again. Yet was he guilty or not guilty? She must know that before judging or thinking. This paper said he had pleaded not guilty. Oh, that wretched, worldly, showy hotel in Kansas City! Those other bad boys! Those two years in which he wandered here and there, not writing, passing as Harry Tenet. Doing what? Learning what?
She paused, full of that intense misery and terror which no faith in the revealed and comforting verities of God and mercy and salvation which she was always proclaiming, could for the moment fend against. Her boy! Her Clyde! In jail, accused of murder! She must wire! She must write! She must go, maybe. But how to get the money! What to do when she got there. How to get the courageвБ†вАФthe faithвБ†вАФto endure it. Yet again, neither Asa nor Frank nor Julia must know. Asa, with his protesting and yet somehow careworn faith, his weak eyes and weakening body. And must Frank and Julia, now just starting out in life, be saddled with this? Marked thus?
Merciful God! Would her troubles never end?
She turned, her big, work-worn hands trembling slightly, shaking the paper she held, while Esta, who sympathized greatly with her mother these days because of all she had been compelled to endure, stood by. She looked so tired at times, and now to be racked by this! Yet, as she knew, her mother was the strongest in the familyвБ†вАФso erect, so square-shouldered, defiantвБ†вАФa veritable soul pilot in her cross-grained, uniformed way.
вАЬMamma, I just canвАЩt believe it can be Clyde,вАЭ was all Esta could say now. вАЬIt just canвАЩt be, can it?вАЭ
But Mrs.¬†Griffiths merely continued to stare at that ominous headline, then swiftly ran her gray-blue eyes over the room. Her broad face was blanched and dignified by an enormous strain and an enormous pain. Her erring, misguided, no doubt unfortunate, son, with all his wild dreams of getting on and up, was in danger of death, of being electrocuted for a crimeвБ†вАФfor murder! He had killed someoneвБ†вАФa poor working-girl, the paper said.
вАЬSsh!вАЭ she whispered, putting one finger to her own lips as a sign. вАЬHeвАЭ (indicating Asa) вАЬmust not know yet, anyhow. We must wire first, or write. You can have the answers come to you, maybe. I will give you the money. But I must sit down somewhere now for a minute. I feel a little weak. IвАЩll sit here. Let me have the Bible.вАЭ
On the small dresser was a Gideon Bible, which, sitting on the edge of the commonplace iron bed, she now opened instinctively at Psalms 3 and 4.
вАЬLord, how are they increased that trouble.вАЭ
вАЬHear me, when I call, O God of my righteousness.вАЭ
And then reading on silently, even placidly apparently, through 6, 8, 10, 13, 23, 91, while Esta stood by in silent amazement and misery.
вАЬOh, Mamma, I just canвАЩt believe it. Oh, this is too terrible!вАЭ But Mrs.¬†Griffiths read on. It was as if, and in spite of all this, she had been able to retreat into some still, silent place, where, for the time being at least, no evil human ill could reach her. Then at last, quite calmly closing the book, and rising, she went on:
вАЬNow, we must think out what to say and who to send that telegram toвБ†вАФI mean to Clyde, of courseвБ†вАФat that place, wherever it isвБ†вАФBridgeburg,вАЭ she added, looking at the paper, and then interpolating from the BibleвБ†вАФвАЬBy terrible things in righteousness wilt thou answer us, O God!вАЭ вАЬOr, maybe, those two lawyersвБ†вАФtheir names are there. IвАЩm afraid to wire AsaвАЩs brother for fear heвАЩll wire back to him.вАЭ (Then: вАЬThou art my bulwark and my strength. In Thee will I trust.вАЭ) вАЬBut I suppose they would give it to him if we sent it care of that judge or those lawyers, donвАЩt you think? But it would be better if we could send it to him direct, I suppose. (вАШHe leadeth me by the still waters.вАЩ) Just say that I have read about him and still have faith and love for him, but he is to tell me the truth and what to do. If he needs money we will have to see what we can do, I suppose. (вАШHe restoreth my soul.вАЩ)вАЭ
And then, despite her sudden peace of the moment, she once more began wringing her large, rough hands. вАЬOh, it canвАЩt be true. Oh, dear, no! After all, he is my son. We all love him and have faith. We must say that. God will deliver him. Watch and pray. Have faith. Under his wings shalt thou trust.вАЭ
She was so beside herself that she scarcely knew what she was saying. And Esta, at her side, was saying: вАЬYes, Mamma! Oh, of course! Yes, I will! I know heвАЩll get it all right.вАЭ But she, too, was saying to herself: вАЬMy God! My God! What could be worse than thisвБ†вАФto be accused of murder! But, of course, it canвАЩt be true. It canвАЩt be true. If he should hear!вАЭ (She was thinking of her husband.) вАЬAnd after Russell, too. And ClydeвАЩs trouble there in Kansas City. Poor Mamma. She has so much trouble.вАЭ
Together, after a time, and avoiding Asa who was in an adjoining room helping with the cleaning, the two made their way to the general mission room below, where was silence and many placards which proclaimed the charity, the wisdom, and the sustaining righteousness of God.
XVIII
The telegram, worded in the spirit just described, was forthwith despatched care of Belknap and Jephson, who immediately counseled Clyde what to replyвБ†вАФthat all was well with him; that he had the best of advice and would need no financial aid. Also that until his lawyers advised it, it would be best if no member of the family troubled to appear, since everything that could possibly be done to aid him was already being done. At the same time they wrote Mrs.¬†Griffiths, assuring her of their interest in Clyde and advising her to let matters rest as they were for the present.
Despite the fact that the Griffiths were thus restrained from appearing in the east, neither Belknap nor Jephson were averse to some news of the existence, whereabouts, faith and sympathy of ClydeвАЩs most immediate relatives creeping into the newspapers, since the latter were so persistent in referring to his isolation. And in this connection they were aided by the fact that his motherвАЩs telegram on being received in Bridgeburg was at once read by individuals who were particularly interested in the case and by them whispered to the public and the press, with the result that in Denver the family was at once sought out and interviewed. And shortly after, there was circulated in all the papers east and west a more or less complete account of the present state of ClydeвАЩs family, the nature of the mission conducted by them, as well as their narrow and highly individualistic religious beliefs and actions, even the statement that often in his early youth Clyde had been taken into the streets to sing and prayвБ†вАФa revelation which shocked Lycurgus and Twelfth Lake society about as much as it did him.
At the same time, Mrs.¬†Griffiths, being an honest woman and wholeheartedly sincere in her faith and in the good of her work, did not hesitate to relate to reporter after reporter who called, all the details of the missionary work of her husband and herself in Denver and elsewhere. Also that neither Clyde nor any of the other children had ever enjoyed the opportunities that come to most. However, her boy, whatever the present charge might be, was not innately bad, and she could not believe that he was guilty of any such crime. It was all an unfortunate and accidental combination of circumstances which he would explain at the trial. However, whatever foolish thing he might have done, it was all to be attributed to an unfortunate accident which broke up the mission work in Kansas City a few years before and compelled the removal of the family from there to Denver, leaving Clyde to make his way alone. And it was because of advice from her that he had written her husbandвАЩs rich brother in Lycurgus, which led to his going thereвБ†вАФa series of statements which caused Clyde in his cell to tingle with a kind of prideful misery and resentment and forced him to write his mother and complain. Why need she always talk so much about the past and the work that she and his father were connected with, when she knew that he had never liked it and resented going on the streets? Many people didnвАЩt see it as she and his father did, particularly his uncle and cousin and all those rich people he had come to know, and who were able to make their way in so different and much more brilliant fashion. And now, as he said to himself, Sondra would most certainly read thisвБ†вАФall that he had hoped to conceal.
Yet even in the face of all this, because of so much sincerity and force in his mother, he could not help but think of her with affection and respect, and because of her sure and unfailing love for him, with emotion. For in answer to his letter she wrote that she was sorry if she had hurt his feelings or injured him in any way. But must not the truth be shown always? The ways of God were for the best and surely no harm could spring from service in His cause. He must not ask her to lie. But if he said the word, she would so gladly attempt to raise the necessary money and come to his aidвБ†вАФsit in his cell and plan with himвБ†вАФholding his handsвБ†вАФbut as Clyde so well knew and thought at this time and which caused him to decide that she must not come yetвБ†вАФdemanding of him the truthвБ†вАФwith those clear, steady blue eyes of hers looking into his own. He could not stand that now.
For, frowning directly before him, like a huge and basalt headland above a troubled and angry sea, was the trial itself, with all that it impliedвБ†вАФthe fierce assault of Mason which he could only confront, for the most part, with the lies framed for him by Jephson and Belknap. For, although he was constantly seeking to salve his conscience with the thought that at the last moment he had not had the courage to strike Roberta, nevertheless this other story was so terribly difficult for him to present and defendвБ†вАФa fact which both Belknap and Jephson realized and which caused the latter to appear most frequently at ClydeвАЩs cell door with the greeting: вАЬWell, howвАЩs tricks today?вАЭ
The peculiarly rusty and disheveled and indifferently tailored character of JephsonвАЩs suits! The worn and disarranged effect of his dark brown soft hat, pulled low over his eyes! His long, bony, knotty hands, suggesting somehow an enormous tensile strength. And the hard, small blue eyes filled with a shrewd, determined cunning and courage, with which he was seeking to inoculate Clyde, and which somehow did inoculate him!
вАЬAny more preachers around today? Any more country girls or MasonвАЩs boys?вАЭ For during this time, because of the enormous interest aroused by the pitiable death of Roberta, as well as the evidence of her rich and beautiful rival, Clyde was being visited by every type of shallow crime-or-sex-curious country bumpkin lawyer, doctor, merchant, yokel evangelist or minister, all friends or acquaintances of one or another of the officials of the city, and who, standing before his cell door betimes, and at the most unexpected moments, and after surveying him with curious, or resentful, or horrified eyes, asked such questions as: вАЬDo you pray, brother? Do you get right down on your knees and pray?вАЭ (Clyde was reminded of his mother and father at such times.) Had he made his peace with God? Did he actually deny that he had killed Roberta Alden? In the case of three country girls: вАЬWould you mind telling us the name of the girl you are supposed to be in love with, and where she is now? We wonвАЩt tell anyone. Will she appear at the trial?вАЭ Questions which Clyde could do no more than ignore, or if not, answer as equivocally or evasively or indifferently as possible. For although he was inclined to resent them, still was he not being constantly instructed by both Belknap and Jephson that for the good of his own cause he must try to appear genial and civil and optimistic? Then there came also newspaper men, or women, accompanied by artists or photographers, to interview and make studies of him. But with these, for the most part and on the advice of Belknap and Jephson he refused to communicate or said only what he was told to say.
вАЬYou can talk all you want,вАЭ suggested Jephson, genially, вАЬso long as you donвАЩt say anything. And the stiff upper lip, you know. And the smile that wonвАЩt come off, see? Not failing to go over that list, are you?вАЭ (He had provided Clyde with a long list of possible questions which no doubt would be asked him on the stand and which he was to answer according to answers typewritten beneath them, or to suggest something better. They all related to the trip to Big Bittern, his reason for the extra hat, his change of heartвБ†вАФwhy, when, where.) вАЬThatвАЩs your litany, you know.вАЭ And then he might light a cigarette without ever offering one to Clyde, since for the sake of a reputation for sobriety he was not to smoke here.
And for a time, after each visit, Clyde finding himself believing that he could and would do exactly as Jephson had saidвБ†вАФwalk briskly and smartly into courtвБ†вАФbear up against everyone, every eye, even that of Mason himselfвБ†вАФforget that he was afraid of him, even when on the witness standвБ†вАФforget all the terror of those many facts in MasonвАЩs possession, which he was to explain with this list of answersвБ†вАФforget Roberta and her last cry, and all the heartache and misery that went with the loss of Sondra and her bright world.
Yet, with the night having once more fallen, or the day dragging on with only the lean and bearded Kraut or the sly and evasive Sissel, or both, hanging about, or coming to the door to say, вАЬHowdy!вАЭ or to discuss something that had occurred in town, or to play chess, or checkers, Clyde growing more and more moody and deciding, maybe, that there was no real hope for him after all. For how alone he was, except for his attorneys and mother and brother and sisters! Never a word from Sondra, of course. For along with her recovery to some extent from her original shock and horror, she was now thinking somewhat differently of himвБ†вАФthat after all it was for love of her, perhaps, that he had slain Roberta and made himself the pariah and victim that he now was. Yet, because of the immense prejudice and horror expressed by the world, she was by no means able to think of venturing to send him a word. Was he not a murderer? And in addition, that miserable western family of his, pictured as street preachers, and he, tooвБ†вАФor as a singing and praying boy from a mission! Yet occasionally returning in thought, and this quite in spite of herself, to his eager, unreasoning and seemingly consuming enthusiasm for her. (How deeply he must have cared to venture upon so deadly a deed!) And hence wondering whether at some time, once this case was less violently before the public eye, it might not be possible to communicate with him in some guarded and unsigned way, just to let him know, perhaps, that because of his great love for her she desired him to know that he was not entirely forgotten. Yet as instantly deciding, no, noвБ†вАФher parentsвБ†вАФif they should learnвБ†вАФor guessвБ†вАФor the public, or her onetime associates. Not now, oh, not now at least. Maybe later if he were set freeвБ†вАФorвБ†вАФorвБ†вАФconvictedвБ†вАФshe couldnвАЩt tell. Yet suffering heartaches for the most partвБ†вАФas much as she detested and abhorred the horrible crime by which he had sought to win her.
And in the interim, Clyde in his cell, walking to and fro, or looking out on the dull square through the heavily barred windows, or reading and rereading the newspapers, or nervously turning the pages of magazines or books furnished by his counsel, or playing chess or checkers, or eating his meals, which, by special arrangement on the part of Belknap and Jephson (made at the request of his uncle), consisted of better dishes than were usually furnished to the ordinary prisoner.
Yet with the iterated and reiterated thought, based on the seemingly irreparable and irreconcilable loss of Sondra, as to whether it was possible for him to go on with thisвБ†вАФmake this, as he at times saw it, almost useless fight.
At times, in the middle of the night or just before dawn, with all the prison silentвБ†вАФdreamsвБ†вАФa ghastly picture of all that he most feared and that dispelled every trace of courage and drove him instantly to his feet, his heart pounding wildly, his eyes strained, a cold damp upon his face and hands. That chair, somewhere in the State penitentiary. He had read of itвБ†вАФhow men died in it. And then he would walk up and down, thinking how, how, in case it did not come about as Jephson felt so sure that it wouldвБ†вАФin case he was convicted and a new trial refusedвБ†вАФthen, wellвБ†вАФthen, might one be able to break out of such a jail as this, maybe, and run away? These old brick walls. How thick were they? But was it possible that with a hammer or a stone, or something that someone might bring himвБ†вАФhis brother Frank, or his sister Julia, or Ratterer, or HegglundвБ†вАФif only he could get in communication with some one of them and get him or her to bring him something of the kindвБ†вАФIf only he could get a saw, to saw those bars! And then run, run, as he should have in those woods up there that time! But how? And whither?
XIX
October 15вБ†вАФwith gray clouds and a sharp, almost January wind that herded the fallen leaves into piles and then scurried them in crisp and windy gusts like flying birds here and there. And, in spite of the sense of struggle and tragedy in the minds of many, with an electric chair as the shadowy mental background to it all, a sense of holiday or festival, with hundreds of farmers, woodsmen, traders, entering in Fords and BuicksвБ†вАФfarmer wives and husbandsвБ†вАФdaughters and sonsвБ†вАФeven infants in arms. And then idling about the public square long before the time for court to convene, or, as the hour neared, congregating before the county jail in the hope of obtaining a glimpse of Clyde, or before the courthouse door nearest the jail, which was to be the one entrance to the courtroom for the public and Clyde, and from which position they could see and assure entrance into the courtroom itself when the time came. And a flock of pigeons parading rather dismally along the cornices and gutters of the upper floor and roof of the ancient court.
And with Mason and his staffвБ†вАФBurton Burleigh, Earl Newcomb, Zillah Saunders, and a young Bridgeburg law graduate by the name of ManigaultвБ†вАФhelping to arrange the order of evidence as well as direct or instruct the various witnesses and venire-men who were already collecting in the antechamber of the now almost nationally known attorney for the people. And with cries outside of: вАЬPeanuts!вАЭ вАЬPopcorn!вАЭ вАЬHot dogs!вАЭ вАЬGet the story of Clyde Griffiths, with all the letters of Roberta Alden. Only twenty-five cents!вАЭ (This being a set of duplicate copies of RobertaвАЩs letters which had been stolen from MasonвАЩs office by an intimate of Burton BurleighвАЩs and by him sold to a penny-dreadful publisher of Binghamton, who immediately issued them in pamphlet form together with an outline of вАЬthe great plotвАЭ and RobertaвАЩs and ClydeвАЩs pictures.)
And in the meantime, over in the reception or conference room of the jail, Alvin Belknap and Reuben Jephson, side by side with Clyde, neatly arrayed in the very suit he had sought to sink forever in the waters of Lower Twelfth Lake. And with a new tie and shirt and shoes added in order to present him in his Lycurgus best. Jephson, long and lean and shabbily dressed as usual, but with all of that iron and power that so impressed Clyde in every line of his figure and every movement or gesture of his body. BelknapвБ†вАФlooking like an Albany beauвБ†вАФthe one on whom was to fall the burden of the opening presentation of the case as well as the cross-examining, now saying: вАЬNow youвАЩre not going to get frightened or show any evidence of nervousness at anything that may be said or done at any time, are you, Clyde? WeвАЩre to be with you, you know, all through the trial. You sit right between us. And youвАЩre going to smile and look unconcerned or interested, just as you wish, but never fearfulвБ†вАФbut not too bold or gay, you know, so that theyвАЩd feel that youвАЩre not taking this thing seriously. You understandвБ†вАФjust a pleasant, gentlemanly, and sympathetic manner all the time. And not frightened. For that will be certain to do us and you great harm. Since youвАЩre innocent, you have no real reason to be frightenedвБ†вАФalthough youвАЩre sorry, of course. You understand all that, I know, by now.вАЭ
вАЬYes, sir, I understand,вАЭ replied Clyde. вАЬI will do just as you say. Besides, I never struck her intentionally, and thatвАЩs the truth. So why should I be afraid?вАЭ And here he looked at Jephson, on whom, for psychic reasons, he depended most. In fact the words he had just spoken were the very words which Jephson had so drilled into him during the two months just past. And catching the look, Jephson now drew closer and fixing Clyde with his gimlet and yet encouraging and sustaining blue eyes, began:
вАЬYouвАЩre not guilty! YouвАЩre not guilty, Clyde, see? You understand that fully by now, and you must always believe and remember that, because itвАЩs true. You didnвАЩt intend to strike her, do you hear? You swear to that. You have sworn it to me and Belknap here, and we believe you. Now, it doesnвАЩt make the least bit of difference that because of the circumstances surrounding all this we are not going to be able to make the average jury see this or believe it just as you tell it. ThatвАЩs neither here nor there. IвАЩve told you that before. You know what the truth isвБ†вАФand so do we. But, in order to get justice for you, weвАЩve had to get up something elseвБ†вАФa dummy or substitute for the real fact, which is that you didnвАЩt strike her intentionally, but which we cannot hope to make them see without disguising it in some way. You get that, donвАЩt you?вАЭ
вАЬYes, sir,вАЭ replied Clyde, always overawed and intrigued by this man.
вАЬAnd for that reason, as IвАЩve so often told you, weвАЩve invented this other story about a change of heart. ItвАЩs not quite true as to time, but it is true that you did experience a change of heart there in the boat. And thatвАЩs our justification. But theyвАЩd never believe that under all of the peculiar circumstances, so weвАЩre merely going to move that change of heart up a little, see? Make it before you ever went into that boat at all. And while we know it isnвАЩt true that way, still neither is the charge that you intentionally struck her true, and theyвАЩre not going to electrocute you for something that isnвАЩt trueвБ†вАФnot with my consent, at least.вАЭ He looked into ClydeвАЩs eyes for a moment more, and then added: вАЬItвАЩs this way, Clyde. ItвАЩs like having to pay for potatoes, or for suits of clothes, with corn or beans instead of money, when you have money to pay with but when, because of the crazy notions on the part of someone, they wonвАЩt believe that the money you have is genuine. So youвАЩve got to use the potatoes or beans. And beans is what weвАЩre going to give вАЩem. But the justification is that youвАЩre not guilty. YouвАЩre not guilty. YouвАЩve sworn to me that you didnвАЩt intend to strike her there at the last, whatever you might have been provoked to do at first. And thatвАЩs enough for me. YouвАЩre not guilty.вАЭ
And here, firmly and convincingly, which was the illusion in regard to his own attitude which he was determined to convey to Clyde, he laid hold of his coat lapels, and after looking fixedly into his somewhat strained and now nervous brown eyes, added: вАЬAnd now, whenever you get to feeling weak or nervous, or if, when you go on the stand, you think Mason is getting the best of you, I want you to remember thisвБ†вАФjust say to yourselfвБ†вАФвАШIвАЩm not guilty! IвАЩm not guilty! And they canвАЩt fairly convict me unless I really am.вАЩ And if that donвАЩt pull you together, look at me. IвАЩll be right there. All you have to do, if you feel yourself rattled, is to look at meвБ†вАФright into my eyes, just as IвАЩm looking at you nowвБ†вАФand then youвАЩll know that IвАЩm wanting you to brace up and do what IвАЩm telling you to do nowвБ†вАФswear to the things that we are asking you to swear to, however they may look like lies, and however you may feel about them. IвАЩm not going to have you convicted for something you didnвАЩt do, just because you canвАЩt be allowed to swear to what is the truthвБ†вАФnot if I can help it. And now thatвАЩs all.вАЭ
And here he slapped him genially and heartily on the back, while Clyde, strangely heartened, felt, for the time being at least, that certainly he could do as he was told, and would.
And then Jephson, taking out his watch and looking first at Belknap, then out of the nearest window through which were to be seen the already assembled crowdsвБ†вАФone about the courthouse steps; a second including newspapermen and women, newspaper photographers and artists, gathered closely before the jail walk, and eagerly waiting to вАЬsnapвАЭ Clyde or anyone connected with this caseвБ†вАФwent calmly on with:
вАЬWell, itвАЩs about time, I guess. Looks as though all Cataraqui would like to get inside. WeвАЩre going to have quite an audience.вАЭ And turning to Clyde once more, he added: вАЬNow, you donвАЩt want to let those people disturb you, Clyde. TheyвАЩre nothing but a lot of country people come to town to see a show.вАЭ
And then the two of them, Belknap and Jephson, going out. And Kraut and Sissel coming in to take personal charge of Clyde, while the two lawyers, passing amid whispers, crossed over to the court building in the square of brown grass beyond.
And after them, and in less than five minutes, and preceded by Slack and Sissel and followed by Kraut and SwenkвБ†вАФyet protected on either side by two extra deputies in case there should be an outbreak or demonstration of any kindвБ†вАФClyde himself, attempting to look as jaunty and nonchalant as possible, yet because of the many rough and strange faces about himвБ†вАФmen in heavy raccoon coats and caps, and with thick whiskers, or in worn and faded and nondescript clothes such as characterized many of the farmers of this region, accompanied by their wives and children, and all staring so strangely and curiouslyвБ†вАФhe felt not a little nervous, as though at any moment there might be a revolver shot, or someone might leap at him with a knifeвБ†вАФthe deputies with their hands on their guns lending not a little to the reality of his mood. Yet only cries of: вАЬHere he comes! Here he comes!вАЭ вАЬThere he is!вАЭ вАЬWould you believe that he could do a thing like that?вАЭ
And then the cameras clicking and whirring and his two protectors shouldering closer and closer to him while he shrank down within himself mentally.
And then a flight of five brown stone steps leading up to an old courthouse door. And beyond that, an inner flight of steps to a large, long, brown, high-ceilinged chamber, in which, to the right and left, and in the rear facing east, were tall, thin, round-topped windows, fitted with thin panes, admitting a flood of light. And at the west end, a raised platform, with a highly ornamental, dark brown carved bench upon it. And behind it, a portraitвБ†вАФand on either side, north and south, and at the rear, benches and benches in rowsвБ†вАФeach tier higher than the other, and all crowded with people, the space behind them packed with standing bodies, and all apparently, as he entered, leaning and craning and examining him with sharp keen eyes, while there went about a conversational buzz or brrh. He could hear a general sssssвБ†вАФppppвБ†вАФas he approached and passed through a gate to an open space beyond it, wherein, as he could see, were Belknap and Jephson at a table, and between them a vacant chair for him. And he could see and feel the eyes and faces on which he was not quite willing to look.
But directly before him, at another table in the same square, but more directly below the raised platform at the west end, as he could see now, were Mason and several men whom he seemed to recollectвБ†вАФEarl Newcomb and Burton Burleigh and yet another man whom he had never seen before, all four turning and gazing at him as he came.
And about this inner group, an outer circle of men and women writers and sketch artists.
And then, after a time, recalling BelknapвАЩs advice, he managed to straighten up and with an air of studied ease and courageвБ†вАФwhich was belied to a certain extent by his strained, pale face and somewhat hazy stareвБ†вАФlook at the writers and artists who were either studying or sketching him, and even to whisper: вАЬQuite a full house, eh?вАЭ But just then, and before he could say anything more, a resounding whack, whack, from somewhere. And then a voice: вАЬOrder in the Court! His Honor, the Court! Everybody please rise!вАЭ And as suddenly the whispering and stirring audience growing completely silent. And then, through a door to the south of the dais, a large urbane and florid and smooth-faced man, who in an ample black gown, walked swiftly to the large chair immediately behind the desk, and after looking steadily upon all before him, but without appearing to see any one of them, seated himself. Whereupon everyone assembled in the courtroom sat down.
And then to the left, yet below the judge, at a smaller desk, a smaller and older individual standing and calling, вАЬOyez! Oyez! All persons having business before the honorable, the Supreme Court of the State of New York, County of Cataraqui, draw near and give attention. This court is now in session!вАЭ
And after that this same individual again rising and beginning: вАЬThe State of New York against Clyde Griffiths.вАЭ Then Mason, rising and standing before his table, at once announced: вАЬThe People are ready.вАЭ Whereupon Belknap arose, and in a courtly and affable manner, stated: вАЬThe defendant is ready.вАЭ
Then the same clerk reached into a square box that was before him, and drawing forth a piece of paper, called вАЬSimeon Dinsmore,вАЭ whereupon a little, hunched and brown-suited man, with claw-like hands, and a ferret-like face, immediately scuttled to the jury box and was seated. And once there he was approached by Mason, who, in a brisk mannerвБ†вАФhis flat-nosed face looking most aggressive and his strong voice reaching to the uttermost corners of the court, began to inquire as to his age, his business, whether he was single or married, how many children he had, whether he believed or did not believe in capital punishment. The latter question as Clyde at once noted seemed to stir in him something akin to resentment or suppressed emotion of some kind, for at once and with emphasis, he answered: вАЬI most certainly doвБ†вАФfor some peopleвАЭвБ†вАФa reply which caused Mason to smile slightly and Jephson to turn and look toward Belknap, who mumbled sarcastically: вАЬAnd they talk about the possibility of a fair trial here.вАЭ But at the same time Mason feeling that this very honest, if all too convinced farmer, was a little too emphatic in his beliefs, saying: вАЬWith the consent of the Court, the People will excuse the talesman.вАЭ And Belknap, after an inquiring glance from the Judge, nodding his agreement, at which the prospective juror was excused.
And the clerk, immediately drawing out of the box a second slip of paper, and then calling: вАЬDudley Sheerline!вАЭ Whereupon, a thin, tall man of between thirty-eight and forty, neatly dressed and somewhat meticulous and cautious in his manner, approached and took his place in the box. And Mason once more began to question him as he had the other.
In the meantime, Clyde, in spite of both BelknapвАЩs and JephsonвАЩs preliminary precautions, was already feeling stiff and chill and bloodless. For, decidedly, as he could feel, this audience was inimical. And amid this closely pressing throng, as he now thought, with an additional chill, there must be the father and mother, perhaps also the sisters and brothers, of Roberta, and all looking at him, and hoping with all their hearts, as the newspapers during the weeks past informed him, that he would be made to suffer for this.
And again, all those people of Lycurgus and Twelfth Lake, no one of whom had troubled to communicate with him in any way, assuming him to be absolutely guilty, of courseвБ†вАФwere any of those here? Jill or Gertrude or Tracy Trumbull, for instance? Or Wynette Phant or her brother? She had been at that camp at Bear Lake the day he was arrested. His mind ran over all the social personages whom he had encountered during the last year and who would now see him as he wasвБ†вАФpoor and commonplace and deserted, and on trial for such a crime as this. And after all his bluffing about his rich connections here and in the west. For now, of course, they would believe him as terrible as his original plot, without knowing or caring about his side of the storyвБ†вАФhis moods and fearsвБ†вАФthat predicament that he was in with RobertaвБ†вАФhis love for Sondra and all that she had meant to him. They wouldnвАЩt understand that, and he was not going to be allowed to tell anything in regard to it, even if he were so minded.
And yet, because of the advice of Belknap and Jephson, he must sit up and smile, or at least look pleasant and meet the gaze of everyone boldly and directly. And in consequence, turning, and for the moment feeling absolutely transfixed. For thereвБ†вАФGod, what a resemblance!вБ†вАФto the left of him on one of those wall benches, was a woman or girl who appeared to be the living image of Roberta! It was that sister of hersвБ†вАФEmilyвБ†вАФof whom she had often spokenвБ†вАФbut oh, what a shock! His heart almost stopped. It might even be Roberta! And transfixing him with what ghostly, and yet real, and savage and accusing eyes! And next to her another girl, looking something like her, tooвБ†вАФand next to her that old man, RobertaвАЩs fatherвБ†вАФthat wrinkled old man whom he had encountered that day he had called at his farm door for information, now looking at him almost savagely, a gray and weary look that said so plainly: вАЬYou murderer! You murderer!вАЭ And beside him a mild and small and ill-looking woman of about fifty, veiled and very shrunken and sunken-eyed, who, at his glance dropped her own eyes and turned away, as if stricken with a great pain, not hate. Her motherвБ†вАФno doubt of it. Oh, what a situation was this! How unthinkably miserable! His heart fluttered. His hands trembled.
So now to stay himself, he looked down, first at the hands of Belknap and Jephson on the table before him, since each was toying with a pencil poised above the pad of paper before them, as they gazed at Mason and whoever was in the jury box before himвБ†вАФa foolish-looking fat man now. What a difference between JephsonвАЩs and BelknapвАЩs handsвБ†вАФthe latter so short and soft and white, the formerвАЩs so long and brown and knotty and bony. And BelknapвАЩs pleasant and agreeable manner here in courtвБ†вАФhis voiceвБ†вАФвАЬI think I will ask the juror to step downвАЭвБ†вАФas opposed to MasonвАЩs revolver-like вАЬExcused!вАЭ or JephsonвАЩs slow and yet powerful, though whispered, вАЬBetter let him go, Alvin. Nothing in him for us.вАЭ And then all at once Jephson saying to him: вАЬSit up! Sit up! Look around! DonвАЩt sag down like that. Look people in the eye. Smile naturally, Clyde, if youвАЩre going to smile at all, just look вАЩem in the eye. TheyвАЩre not going to hurt you. TheyвАЩre just a lot of farmers out sightseeing.вАЭ
But Clyde, noting at once that several reporters and artists were studying and then sketching or writing of him, now flushed hotly and weakly, for he could feel their eager eyes and their eager words as clearly as he could hear their scratching pens. And all for the papersвБ†вАФhis blanching face and trembling handsвБ†вАФthey would have that downвБ†вАФand his mother in Denver and everybody else there in Lycurgus would see and readвБ†вАФhow he had looked at the Aldens and they had looked at him and then he had looked away again. StillвБ†вАФstillвБ†вАФhe must get himself better in handвБ†вАФsit up once more and look aboutвБ†вАФor Jephson would be disgusted with him. And so once more he did his best to crush down his fear, to raise his eyes and then turn slightly and look about.
But in doing so, there next to the wall, and to one side of that tall window, and just as he had feared, was Tracy Trumbull, who evidently because of the law interest or his curiosity and whatnotвБ†вАФno pity or sympathy for him, surelyвБ†вАФhad come up for this day anyhow, and was looking, not at him for the moment, thank goodness, but at Mason, who was asking the fat man some questions. And next to him Eddie Sells, with nearsighted eyes equipped with thick lenses of great distance-power, and looking in ClydeвАЩs direction, yet without seeing him apparently, for he gave no sign. Oh, how trying all this!
And five rows from them again, in another direction, Mr.¬†and Mrs.¬†Gilpin, whom Mason had found, of course. And what would they testify to now? His calling on Roberta in her room there? And how secret it had all been? That would be bad, of course. And of all people, Mr.¬†and Mrs.¬†George Newton! What were they going to put them on the stand for? To tell about RobertaвАЩs life before she got to going with him, maybe? And that Grace Marr, whom he had seen often but met only once out there on Crum Lake, and whom Roberta had not liked any more. What would she have to say? She could tell how he had met Roberta, of course, but what else? And thenвБ†вАФbut, no, it could not beвБ†вАФand yetвБ†вАФyet, it was, tooвБ†вАФsurelyвБ†вАФthat Orrin Short, of whom he had asked concerning Glenn. Gee!вБ†вАФhe was going to tell about that now, maybeвБ†вАФno doubt of it. How people seemed to remember thingsвБ†вАФmore than ever he would have dreamed they would have.
And again, this side of that third window from the front, but beyond that dreaded group of the Aldens, that very large and whiskered man who looked something like an old-time Quaker turned banditвБ†вАФHeit was his name. He had met him at Three Mile Bay, and again on that day on which he had been taken up to Big Bittern against his will. Oh, yes, the coroner he was. And beside him, that innkeeper up there who had made him sign the register that day. And next to him the boathouse-keeper who had rented him the boat. And next to him, that tall, lank guide who had driven him and Roberta over from Gun Lodge, a brown and wiry and loutish man who seemed to pierce him now with small, deep-set, animal-like eyes, and who most certainly was going to testify to all the details of that ride from Gun Lodge. Would his nervousness on that day, and his foolish qualms, be as clearly remembered by him as they were now by himself. And if so, how would that affect his plea of a change of heart? Would he not better talk all that over again with Jephson?
But this man Mason! How hard he was! How energetic! And how he must have worked to get all of these people here to testify against him! And now here he was, exclaiming as he chanced to look at him, and as he had in at least the last dozen cases (yet with no perceptible result in so far as the jury box was concerned), вАЬAcceptable to the People!вАЭ But, invariably, whenever he had done so, Jephson had merely turned slightly, but without looking, and had said: вАЬNothing in him for us, Alvin. As set as a bone.вАЭ And then Belknap, courteous and bland, had challenged for cause and usually succeeded in having his challenge sustained.
But then at last, and oh, how agreeably, the clerk of the court announcing in a clear, thin, rasping and aged voice, a recess until two p.m. And Jephson smilingly turning to Clyde with: вАЬWell, Clyde, thatвАЩs the first roundвБ†вАФnot so very much to it, do you think? And not very hard either, is it? Better go over there and get a good meal, though. ItвАЩll be just as long and dull this afternoon.вАЭ
And in the meantime, Kraut and Sissel, together with the extra deputies, pushing close and surrounding him. And then the crowding and swarming and exclaiming: вАЬThere he is! There he is! Here he comes! Here! Here!вАЭ And a large and meaty female pushing as close as possible and staring directly into his face, exclaiming as she did so: вАЬLet me see him! I just want to get a good look at you, young man. I have two daughters of my own.вАЭ But without one of all those of Lycurgus or Twelfth Lake whom he had recognized in the public benches, coming near him. And no glimpse of Sondra anywhere, of course. For as both Belknap and Jephson had repeatedly assured him, she would not appear. Her name was not even to be mentioned, if possible. The Griffiths, as well as the Finchleys, were opposed.
XX
And then five entire days consumed by Mason and Belknap in selecting a jury. But at last the twelve men who were to try Clyde, sworn and seated. And such menвБ†вАФodd and grizzled, or tanned and wrinkled, farmers and country storekeepers, with here and there a Ford agent, a keeper of an inn at Tom DixonвАЩs Lake, a salesman in HamburgerвАЩs dry goods store at Bridgeburg, and a peripatetic insurance agent residing in Purday just north of Grass Lake. And with but one exception, all married. And with but one exception, all religious, if not moral, and all convinced of ClydeвАЩs guilt before ever they sat down, but still because of their almost unanimous conception of themselves as fair and open-minded men, and because they were so interested to sit as jurors in this exciting case, convinced that they could pass fairly and impartially on the facts presented to them.
And so, all rising and being sworn in.
And at once Mason rising and beginning: вАЬGentlemen of the jury.вАЭ
And Clyde, as well as Belknap and Jephson, now gazing at them and wondering what the impression of MasonвАЩs opening charge was likely to be. For a more dynamic and electric prosecutor under these particular circumstances was not to be found. This was his opportunity. Were not the eyes of all the citizens of the United States upon him? He believed so. It was as if someone had suddenly exclaimed: вАЬLights! Camera!вАЭ
вАЬNo doubt many of you have been wearied, as well as puzzled, at times during the past week,вАЭ he began, вАЬby the exceeding care with which the lawyers in this case have passed upon the panels from which you twelve men have been chosen. It has been no light matter to find twelve men to whom all the marshaled facts in this astonishing cause could be submitted and by them weighed with all the fairness and understanding which the law commands. For my part, the care which I have exercised, gentlemen, has been directed by but one motiveвБ†вАФthat the state shall have justice done. No malice, no preconceived notions of any kind. So late as July 9th last I personally was not even aware of the existence of this defendant, nor of his victim, nor of the crime with which he is now charged. But, gentlemen, as shocked and unbelieving as I was at first upon hearing that a man of the age, training and connections of the defendant here could have placed himself in a position to be accused of such an offense, step by step I was compelled to alter and then dismiss forever from my mind my original doubts and to conclude from the mass of evidence that was literally thrust upon me, that it was my duty to prosecute this action in behalf of the people.
вАЬBut, however that may be, let us proceed to the facts. There are two women in this action. One is dead. The otherвАЭ (and he now turned toward where Clyde sat, and here he pointed a finger in the direction of Belknap and Jephson), вАЬby agreement between the prosecution and the defense is to be nameless here, since no good can come from inflicting unnecessary injury. In fact, the sole purpose which I now announce to you to be behind every word and every fact as it will be presented by the prosecution is that exact justice, according to the laws of this state and the crime with which this defendant is charged, shall be done. Exact justice, gentlemen, exact and fair. But if you do not act honestly and render a true verdict according to the evidence, the people of the state of New York and the people of the county of Cataraqui will have a grievance and a serious one. For it is they who are looking to you for a true accounting for your reasoning and your final decision in this case.вАЭ
And here Mason paused, and then turning dramatically toward Clyde, and with his right index finger pointing toward him at times, continued: вАЬThe people of the state of New York charge,вАЭ (and he hung upon this one word as though he desired to give it the value of rolling thunder), вАЬthat the crime of murder in the first degree has been committed by the prisoner at the barвБ†вАФClyde Griffiths. They charge that he willfully, and with malice and cruelty and deception, murdered and then sought to conceal forever from the knowledge and the justice of the world, the body of Roberta Alden, the daughter of a farmer who has for years resided near the village of Biltz, in Mimico County. They chargeвАЭ (and here Clyde, because of whispered advice from Jephson, was leaning back as comfortably as possible and gazing as imperturbably as possible upon the face of Mason, who was looking directly at him) вАЬthat this same Clyde Griffiths, before ever this crime was committed by him, plotted for weeks the plan and commission of it, and then, with malice aforethought and in cold blood, executed it.
вАЬAnd in charging these things, the people of the State of New York expect to, and will, produce before you substantiations of every one of them. You will be given facts, and of these facts you, not I, are to be the sole judge.вАЭ
And here he paused once more, and shifting to a different physical position while the eager audience crowded and leaned forward, hungry and thirsty for every word he should utter, he now lifted one arm and dramatically pushing back his curly hair, resumed:
вАЬGentlemen, it will not take me long to picture, nor will you fail to perceive for yourselves as this case proceeds, the type of girl this was whose life was so cruelly blotted out beneath the waters of Big Bittern. All the twenty years of her lifeвАЭ (and Mason knew well that she was twenty-three and two years older than Clyde) вАЬno person who ever knew her ever said one word in criticism of her character. And no evidence to that effect, I am positive, will be introduced in this trial. Somewhat over a year agoвБ†вАФon July 19вБ†вАФshe went to the city of Lycurgus, in order that by working with her own hands she might help her family.вАЭ (And here the sobs of her parents and sisters and brothers were heard throughout the courtroom.)
вАЬGentlemen,вАЭ went on Mason, and from this point carrying on the picture of RobertaвАЩs life from the time she first left home to join Grace Marr until, having met Clyde on Crum Lake and fallen out with her friend and patrons, the Newtons, because of him, she accepted his dictum that she live alone, amid strange people, concealing the suspicious truth of this from her parents, and then finally succumbing to his wilesвБ†вАФthe letters she had written him from Biltz detailing every single progressive step in this story. And from there, by the same meticulous process, he proceeded to ClydeвБ†вАФhis interest in the affairs of Lycurgus society and the rich and beautiful Miss X, who because of a purely innocent and kindly, if infatuated, indication on her part that he might hope to aspire to her handвБ†вАФhad unwittingly evoked in him a passion which had been the cause of the sudden change in his attitude and emotions toward Roberta, resulting, as Mason insisted he would show, in the plot that had resulted in RobertaвАЩs death.
вАЬBut who is the individual,вАЭ he suddenly and most dramatically exclaimed at this point, вАЬagainst whom I charge all these things? There he sits! Is he the son of wastrel parentsвБ†вАФa product of the slumsвБ†вАФone who had been denied every opportunity for a proper or honorable conception of the values and duties of a decent and respectable life? Is he? On the contrary. His father is of the same strain that has given Lycurgus one of its largest and most constructive industriesвБ†вАФthe Griffiths Collar¬†& Shirt Company. He was poorвБ†вАФyesвБ†вАФno doubt of that. But not more so than Roberta AldenвБ†вАФand her character appears not to have been affected by her poverty. His parents in Kansas City, Denver, and before that Chicago and Grand Rapids, Michigan, appear to have been unordained ministers of the proselytizing and mission-conducting typeвБ†вАФpeople who, from all I can gather, are really, sincerely religious and right-principled in every sense. But this, their oldest son, and the one who might have been expected to be deeply influenced by them, early turned from their world and took to a more garish life. He became a bellboy in a celebrated Kansas City hotel, the Green-Davidson.вАЭ
And now he proceeded to explain that Clyde had ever been a rolling stoneвБ†вАФone who, by reason of some quirk of temperament, perhaps, preferred to wander here and there. Later, as he now explained, he had been given an important position as head of a department in the well-known factory of his uncle at Lycurgus. And then gradually he was introduced into the circles in which his uncle and his children were familiar. And his salary was such that he could afford to keep a room in one of the better residences of the city, while the girl he had slain lived in a mean room in a back street.
вАЬAnd yet,вАЭ he continued, вАЬhow much has been made here of the alleged youth of this defendant?вАЭ (Here he permitted himself a scornful smile.) вАЬHe has been called by his counsel and others in the newspapers a boy, over and over again. He is not a boy. He is a bearded man. He has had more social and educational advantages than any one of you in the jury box. He has traveled. In hotels and clubs and the society with which he was so intimately connected in Lycurgus, he has been in contact with decent, respectable, and even able and distinguished people. Why, as a matter of fact, at the time of his arrest two months ago, he was part of as smart a society and summer resort group as this region boasts. Remember that! His mind is a mature, not an immature one. It is fully developed and balanced perfectly.
вАЬGentlemen, as the state will soon proceed to prove,вАЭ he went on, вАЬit was no more than four months after his arrival in Lycurgus that this dead girl came to work for the defendant in the department of which he was the head. And it was not more than two months after that before he had induced her to move from the respectable and religious home which she had chosen in Lycurgus, to one concerning which she knew nothing and the principal advantage of which, as he saw it, was that it offered secrecy and seclusion and freedom from observation for that vile purpose which already he entertained in regard to her.
вАЬThere was a rule of the Griffiths Company, as we will later show in this trial, which explains muchвБ†вАФand that was that no superior officer or head of any department was permitted to have anything to do with any girls working under him, or for the factory, in or out of the factory. It was not conducive to either the morals or the honor of those working for this great company, and they would not allow it. And shortly after coming there, this man had been instructed as to that rule. But did that deter him? Did the so recent and favorable consideration of his uncle in any way deter him? Not in the least. Secrecy! Secrecy! From the very beginning! Seduction! Seduction! The secret and intended and immoral and illegal and socially unwarranted and condemned use of her body outside the regenerative and ennobling pale of matrimony!
вАЬThat was his purpose, gentlemen! But was it generally known by anyone in Lycurgus or elsewhere that such a relationship as this existed between him and Roberta Alden? Not a soul! Not a soul!, as far as I have been able to ascertain, was ever so much as partially aware of this relationship until after this girl was dead. Not a soul! Think of that!
вАЬGentlemen of the jury,вАЭ and here his voice took on an almost reverential tone, вАЬRoberta Alden loved this defendant with all the strength of her soul. She loved him with that love which is the crowning mystery of the human brain and the human heart, that transcends in its strength and its weakness all fear of shame or punishment from even the immortal throne above. She was a true and human and decent and kindly girlвБ†вАФa passionate and loving girl. And she loved as only a generous and trusting and self-sacrificing soul can love. And loving so, in the end she gave to him all that any woman can give the man she loves.
вАЬFriends, this thing has happened millions of times in this world of ours, and it will happen millions and millions of times in the days to come. It is not new and it will never be old.
вАЬBut in January or February last, this girl, who is now dead in her grave, was compelled to come to this defendant, Clyde Griffiths, and tell him that she was about to become a mother. We shall prove to you that then and later she begged him to go away with her and make her his wife.
вАЬBut did he? Would he? Oh, no! For by that time a change had come over the dreams and the affections of Clyde Griffiths. He had had time to discover that the name of Griffiths in Lycurgus was one that would open the doors of Lycurgus exclusive circlesвБ†вАФthat the man who was no one in Kansas City or ChicagoвБ†вАФwas very much of a person here, and that it would bring him in contact with girls of education and means, girls who moved far from the sphere to which Roberta Alden belonged. Not only that, but he had found one girl to whom, because of her beauty, wealth, position, he had become enormously attached and beside her the little farm and factory girl in the pathetically shabby and secret room to which he had assigned her, looked poor indeedвБ†вАФgood enough to betray but not good enough to marry. And he would not.вАЭ Here he paused, but only for a moment, then went on:
вАЬBut at no point have I been able to find the least modification or cessation of any of these social activities on his part which so entranced him. On the contrary, from January to July fifth last, and afterвБ†вАФyes, even after she was finally compelled to say to him that unless he could take her away and marry her, she would have to appeal to the sense of justice in the community in which they moved, and after she was cold and dead under the waters of Big BitternвБ†вАФdances, lawn f√™tes, automobile parties, dinners, gay trips to Twelfth Lake and Bear Lake, and without a thought, seemingly, that her great moral and social need should modify his conduct in any way.вАЭ
And here he paused and gazed in the direction of Belknap and Jephson, who in turn, were not sufficiently disturbed or concerned to do more than smile, first at him and then at each other, although Clyde, terrorized by the force and the vehemence of it all, was chiefly concerned to note how much of exaggeration and unfairness was in all this.
But even as he was thinking so, Mason was continuing with: вАЬBut by this time, gentlemen, as I have indicated, Roberta Alden had become insistent that Griffiths make her his wife. And this he promised to do. Yet, as all the evidence here will show, he never intended to do anything of the kind. On the contrary, when her condition became such that he could no longer endure her pleas or the danger which her presence in Lycurgus unquestionably spelled for him, he induced her to go home to her fatherвАЩs house, with the suggestion, apparently, that she prepare herself by making some necessary clothes, against the day when he would come for her and remove her to some distant city where they would not be known, yet where as his wife she could honorably bring their child into the world. And according to her letters to him, as I will show, that was to have been in three weeks from the time she departed for her home in Biltz. But did he come for her as he had promised? No, he never did.
вАЬEventually, and solely because there was no other way out, he permitted her to come to himвБ†вАФon July sixth lastвБ†вАФexactly two days before her death. But not beforeвБ†вАФbut wait!вБ†вАФIn the meantime, or from June fifth to July sixth, he allowed her to brood in that little, lonely farmhouse on the outskirts of Biltz in Mimico County, with the neighbors coming in to watch and help her make some clothes, which even then she did not dare announce as her bridal trousseau. And she suspected and feared that this defendant would fail her. For daily, and sometimes twice daily, she wrote him, telling him of her fears and asking him to assure her by letter or word in some form that he would come and take her away.
вАЬBut did he even do that? Never by letter! Never! Oh, no, gentlemen, oh, no! On the contrary some telephone messagesвБ†вАФthings that could not be so easily traced or understood. And these so few and brief that she herself complained bitterly of his lack of interest and consideration for her at this time. So much so that at the end of five weeks, growing desperate, she wroteвАЭ (and here Mason picked from a collection of letters on the table behind him a particular letter, and read): вАЬвАКвАШThis is to tell you that unless I hear from you either by telephone or letter before noon Friday, I will come to Lycurgus and the world will know how you have treated me.вАЩ Those are the words, gentlemen, that this poor girl was at last compelled to write.
вАЬBut did Clyde Griffiths want the world to know how he had treated her? Of course not! And there and then began to form in his mind a plan by which he could escape exposure and seal Roberta AldenвАЩs lips forever. And, gentlemen, the state will prove that he did so close her mouth.вАЭ
At this point Mason produced a map of the Adirondacks which he had had made for the purpose, and on which in red ink were traced the movements of Clyde up to and after her deathвБ†вАФup to the time of his arrest at Big Bear. Also, in doing this, he paused to tell the jury of ClydeвАЩs well-conceived plan of hiding his identity, the various false registrations, the two hats. Here also he explained that on the train between Fonda and Utica, as again between Utica and Grass Lake, he had not ridden in the same car with Roberta. And then he announced:
вАЬDonвАЩt forget, gentlemen, that although he had previously indicated to Roberta that this was to be their wedding journey, he did not want anybody to know that he was with his prospective brideвБ†вАФno, not even after they had reached Big Bittern. For he was seeking, not to marry but to find a wilderness in which to snuff out the life of this girl of whom he had tired. But did that prevent him, twenty-four and forty-eight hours before that time, from holding her in his arms and repeating the promises he had no intention of keeping? Did it? I will show you the registers of the two hotels in which they stayed, and where, because of their assumed approaching marriage, they occupied a single room together. Yet the only reason it was forty-eight instead of twenty-four hours was that he had made a mistake in regard to the solitude of Grass Lake. Finding it brisk with life, the center of a summer religious colony, he decided to leave and go to Big Bittern, which was more lonely. And so you have the astounding and bitter spectacle, gentlemen, of a supposedly innocent and highly misunderstood young man dragging this weary and heartsick girl from place to place, in order to find a lake deserted enough in which to drown her. And with her but four months from motherhood!
вАЬAnd then, having arrived at last at one lake lonely enough, putting her in a boat and taking her out from the inn where he had again falsely registered as Mr.¬†Clifford Golden and wife, to her death. The poor little thing imagined that she was going for a brief outing before that marriage of which he talked and which was to seal and sanctify it. To seal and sanctify it! To seal and sanctify, as closing waters seal and sanctify, but in no other wayвБ†вАФno other way. And with him walking, whole and slyвБ†вАФas a wolf from its killвБ†вАФto freedom, to marriage, to social and material and affectionate bliss and superiority and ease, while she slept still and nameless in her watery grave.
вАЬBut, oh, gentlemen, the ways of nature, or of God, and the Providence that shapes our ends, rough-hew them how we may! It is man who proposes, but GodвБ†вАФGodвБ†вАФwho disposes!
вАЬThe defendant is still wondering, I am sure, as to how I know that she thought she was still going to be married after leaving the inn at Big Bittern. And I have no doubt that he still has some comforting thoughts to the effect that I cannot really and truly know it. But how shrewd and deep must be that mind that would foresee and forestall all the accidents and chances of life. For, as he sits there now, secure in the faith that his counsel may be able to extract him safely from thisвАЭ (and at this Clyde sat bolt upright, his hair tingling, and his hands concealed beneath the table, trembling slightly), вАЬhe does not know that that girl, while in her room in the Grass Lake Inn, had written her mother a letter, which she had not had time to mail, and which was in the pocket of her coat left behind because of the heat of the day, and because she imagined she was coming back, of course. And which is here now upon this table.вАЭ
At this ClydeвАЩs teeth fairly chattered. He shook as with a chill. To be sure, she had left her coat behind! And Belknap and Jephson also sat up, wondering what this could be. How fatally, if at all, could it mar or make impossible the plan of defense which they had evolved? They could only wait and see.
вАЬBut in that letter,вАЭ went on Mason, вАЬshe tells why she was up thereвБ†вАФto be married, no lessвАЭ (and at this point Jephson and Belknap, as well as Clyde, heaved an enormous sigh of reliefвБ†вАФit was directly in the field of their plan) вАЬand within a day or two,вАЭ continued Mason, thinking still that he was literally riddling Clyde with fear. вАЬBut Griffiths, or Graham, of Albany, or Syracuse, or anywhere, knew better. He knew he was not coming back. And he took all of his belongings with him in that boat. And all afternoon long, from noon until evening, he searched for a spot on that lonely lakeвБ†вАФa spot not easily observed from any point of the shore, as we will show. And as evening fell, he found it. And walking south through the woods afterwards, with a new straw hat upon his head, a clean, dry bag in his hand, he imagined himself to be secure. Clifford Golden was no moreвБ†вАФCarl Graham was no moreвБ†вАФdrownedвБ†вАФat the bottom of Big Bittern, along with Roberta Alden. But Clyde Griffiths was alive and free, and on his way to Twelfth Lake, to the society he so loved.
вАЬGentlemen, Clyde Griffiths killed Roberta Alden before he put her in that lake. He beat her on the head and face, and he believed no eye saw him. But, as her last death cry rang out over the water of Big Bittern, there was a witness, and before the prosecution has closed its case, that witness will be here to tell you the story.вАЭ
Mason had no eye witness, but he could not resist this opportunity to throw so disrupting a thought into the opposition camp.
And decidedly, the result was all that he expected, and more. For Clyde, who up to this time and particularly since the thunderbolt of the letter, had been seeking to face it all with an imperturbable look of patient innocence, now stiffened and then wilted. A witness! And here to testify! God! Then he, whoever he was, lurking on the lone shore of the lake, had seen the unintended blow, had heard her criesвБ†вАФhad seen that he had not sought to aid her! Had seen him swim to shore and steal awayвБ†вАФmaybe had watched him in the woods as he changed his clothes. God! His hands now gripped the sides of the chair, and his head went back with a jerk as if from a powerful blow, for that meant deathвБ†вАФhis sure execution. God! No hope now! His head dropped and he looked as though he might lapse into a state of coma.
As to Belknap, MasonвАЩs revelation at first caused him to drop the pencil with which he was making notes, then next to stare in a puzzled and dumbfounded way, since they had no evidence wherewith to forefend against such a smash as thisвБ†вАФBut as instantly recalling how completely off his guard he must look, recovering. Could it be that Clyde might have been lying to them, after allвБ†вАФthat he had killed her intentionally, and before this unseen witness? If so it might be necessary for them to withdraw from such a hopeless and unpopular case, after all.
As for Jephson, he was for the moment stunned and flattened. And through his stern and not easily shakable brain raced such thoughts asвБ†вАФwas there really a witness?вБ†вАФhas Clyde lied?вБ†вАФthen the die was cast, for had he not already admitted to them that he had struck Roberta, and the witness must have seen that? And so the end of any plea of a change of heart. Who would believe that, after such testimony as this?
But because of the sheer contentiousness and determination of his nature, he would not permit himself to be completely baffled by this smashing announcement. Instead he turned, and after surveying the flustered and yet self-chastising Belknap and Clyde, commented: вАЬI donвАЩt believe it. HeвАЩs lying, I think, or bluffing. At any rate, weвАЩll wait and see. ItвАЩs a long time between now and our side of the story. Look at all those witnesses there. And we can cross-question them by the week, if we want toвБ†вАФuntil heвАЩs out of office. Plenty of time to do a lot of thingsвБ†вАФfind out about this witness in the meantime. And besides, thereвАЩs suicide, or thereвАЩs the actual thing that happened. We can let Clyde swear to what did happenвБ†вАФa cataleptic tranceвБ†вАФno courage to do it. ItвАЩs not likely anybody can see that at five hundred feet.вАЭ And he smiled grimly. At almost the same time he added, but not for ClydeвАЩs ears: вАЬWe might be able to get him off with twenty years at the worst, donвАЩt you think?вАЭ
XXI
And then witnesses, witnesses, witnessesвБ†вАФto the number of one hundred and twenty-seven. And their testimony, particularly that of the doctors, three guides, the woman who heard RobertaвАЩs last cry, all repeatedly objected to by Jephson and Belknap, for upon such weakness and demonstrable error as they could point out depended the plausibility of ClydeвАЩs daring defense. And all of this carrying the case well into November, and after Mason had been overwhelmingly elected to the judgeship which he had so craved. And because of the very vigor and strife of the trial, the general public from coast to coast taking more and more interest. And obviously, as the days passed and the newspaper writers at the trial saw it, Clyde was guilty. Yet he, because of the repeated commands of Jephson, facing each witness who assailed him with calm and even daring.
вАЬYour name?вАЭ
вАЬTitus Alden.вАЭ
вАЬYou are the father of Roberta Alden?вАЭ
вАЬYes, sir.вАЭ
вАЬNow, Mr.¬†Alden, just tell the jury how and under what circumstances it was that your daughter Roberta happened to go to Lycurgus.вАЭ
вАЬObjected to. Irrelevant, immaterial, incompetent,вАЭ snapped Belknap.
вАЬIвАЩll connect it up,вАЭ put in Mason, looking up at the judge, who ruled that Titus might answer subject to a motion to strike out his testimony if not вАЬconnected up.вАЭ
вАЬShe went there to get work,вАЭ replied Titus.
вАЬAnd why did she go there to get work?вАЭ
Again objection, and the old man allowed to proceed after the legal formalities had again been complied with.
вАЬWell, the farm we have over there near Biltz hasnвАЩt ever paid so very well, and itвАЩs been necessary for the children to help out and Bobbie being the oldestвБ†вАФвАЭ
вАЬMove to strike out!вАЭ
вАЬStrike it out.вАЭ
вАЬвАКвАШBobbieвАЩ was the pet name you gave your daughter Roberta, was it?вАЭ
вАЬObjected to,вАЭ etc., etc. вАЬException.вАЭ
вАЬYes, sir. вАШBobbieвАЩ was what we sometimes called her around thereвБ†вАФjust Bobbie.вАЭ
And Clyde listening intently and enduring without flinching the stern and accusing stare of this brooding Priam of the farm, wondering at the revelation of his former sweetheartвАЩs pet name. He had nicknamed her вАЬBertвАЭ; she had never told him that at home she was called вАЬBobbie.вАЭ
And amid a fusillade of objections and arguments and rulings, Alden continuing, under the leading of Mason, to recite how she had decided to go to Lycurgus, after receipt of a letter from Grace Marr, and stop with Mr. and Mrs. Newton. And after securing work with the Griffiths Company, how little the family had seen of her until June fifth last, when she had returned to the farm for a rest and in order to make some clothes.
вАЬNo announcement of any plans for marriage?вАЭ
вАЬNone.вАЭ
But she had written a number of long lettersвБ†вАФto whom he did not know at the time. And she had been depressed and sick. Twice he had seen her crying, although he said nothing, knowing that she did not want to be noticed. There had been a few telephone calls from Lycurgus, the last on July fourth or fifth, the day before she left, he was quite sure.
вАЬAnd what did she have with her when she left?вАЭ
вАЬHer bag and her little trunk.вАЭ
вАЬAnd would you recognize the bag that she carried, if you saw it?вАЭ
вАЬYes, sir.вАЭ
вАЬIs this the bag?вАЭ (A deputy assistant district attorney carrying forward a bag and placing it on a small stand.)
And Alden, after looking at it and wiping his eyes with the back of his hand, announcing: вАЬYes, sir.вАЭ
And then most dramatically, as Mason intended in connection with every point in this trial, a deputy assistant carrying in a small trunk, and Titus Alden and his wife and daughters and sons all crying at the sight of it. And after being identified by him as RobertaвАЩs, the bag and then the trunk were opened in turn. And the dresses made by Roberta, some underclothing, shoes, hats, the toilet set given her by Clyde, pictures of her mother and father and sister and brothers, an old family cookbook, some spoons and forks and knives and salt and pepper setsвБ†вАФall given her by her grandmother and treasured by her for her married lifeвБ†вАФheld up and identified in turn.
All this over BelknapвАЩs objection, and on MasonвАЩs promise to вАЬconnect it up,вАЭ which, however, he was unable to do, and the evidence was accordingly ordered вАЬstruck out.вАЭ But its pathetic significance by that time deeply impressed on the minds and hearts of the jurymen. And BelknapвАЩs criticism of MasonвАЩs tactics merely resulting in that gentleman bellowing, in an infuriated manner: вАЬWhoвАЩs conducting this prosecution, anyhow?вАЭ To which Belknap replied: вАЬThe Republican candidate for county judge in this county, I believe!вАЭвБ†вАФthus evoking a wave of laughter which caused Mason to fairly shout: вАЬYour Honor, I protest! This is an unethical and illegal attempt to inject into this case a political issue which has nothing to do with it. It is slyly and maliciously intended to convey to this jury that because I am the Republican nominee for judge of the county, it is impossible for me to properly and fairly conduct the prosecution of this case. And I now demand an apology, and will have it before I proceed one step further in this case.вАЭ
Whereupon Justice Oberwaltzer, feeling that a very serious breach of court etiquette had occurred, proceeded to summon Belknap and Mason before him, and after listening to placid and polite interpretations of what was meant, and what was not meant, finally ordered, on pain of contempt, that neither of them again refer to the political situation in any way.
Nevertheless, Belknap and Jephson congratulating themselves that in this fashion their mood in regard to MasonвАЩs candidacy and his use of this case to further it had effectively gotten before the jury and the court.
But more and more witnesses!
Grace Marr now taking the stand, and in a glib and voluble outpouring describing how and where she had first met RobertaвБ†вАФhow pure and clean and religious a girl she was, but how after meeting Clyde on Crum Lake a great change had come over her. She was more secretive and evasive and given to furnishing all sorts of false excuses for new and strange adventuresвБ†вАФas, for instance, going out nights and staying late, and claiming to be places over Saturday and Sunday where she wasnвАЩtвБ†вАФuntil finally, because of criticism which she, Grace Marr, had ventured to make, she had suddenly left, without giving any address. But there was a man, and that man was Clyde Griffiths. For having followed Roberta to her room one evening in September or October of the year before, she had observed her and Clyde in the distance, near the Gilpin home. They were standing under some trees and he had his arm around her.
And thereafter Belknap, at JephsonвАЩs suggestion, taking her and by the slyest type of questioning, trying to discover whether, before coming to Lycurgus, Roberta was as religious and conventional as Miss Marr would have it. But Miss Marr, faded and irritable, insisting that up to the day of her meeting with Clyde on Crum Lake, Roberta had been the soul of truth and purity, in so far as she knew.
And next the Newtons swearing to much the same thing.
And then the Gilpins, wife and husband and daughters, each swearing to what she or he alone saw or heard. Mrs.¬†Gilpin as to the approximate day of RobertaвАЩs moving into her home with one small trunk and bagвБ†вАФthe identical trunk and bag identified by Titus. And thereafter seeming to live very much alone until finally she, feeling sorry for her, had suggested one type of contact and another, but Roberta invariably refusing. But later, along in late November, although she had never had the heart to say anything about it to her because of her sweetness and general sobriety, she and her two daughters had become aware of the fact that occasionally, after eleven oвАЩclock, it had seemed as though Roberta must be entertaining someone in her room, but just whom she could not say. And again at this point, on cross-examination, Belknap trying to extract any admissions or impressions which would tend to make it look as though Roberta was a little less reserved and puritanical than all the witnesses had thus far painted her, but failing. Mrs.¬†Gilpin, as well as her husband, was plainly fond of her and only under pressure from Mason and later Belknap testified to ClydeвАЩs late visits.
And then the elder daughter, Stella, testifying that during the latter part of October or the first of November, shortly after Roberta had taken the room, she had passed her and a man, whom she was now able to identify as Clyde, standing less than a hundred feet from the house, and noticing that they were evidently quarreling she had paused to listen. She was not able to distinguish every word of the conversation, but upon leading questions from Mason was able to recall that Roberta had protested that she could not let him come into her roomвБ†вАФвАЬit would not look right.вАЭ And he had finally turned upon his heel, leaving Roberta standing with outstretched arms as if imploring him to return.
And throughout all this Clyde staring in amazement, for he had in those daysвБ†вАФin fact throughout his entire contact with RobertaвБ†вАФimagined himself unobserved. And decidedly this confirmed much of what Mason had charged in his opening addressвБ†вАФthat he had willfully and with full knowledge of the nature of the offense, persuaded Roberta to do what plainly she had not wanted to doвБ†вАФa form of testimony that was likely to prejudice the judge as well as the jury and all these conventional people of this rural county. And Belknap, realizing this, trying to confuse this Stella in her identification of Clyde. But only succeeding in eliciting information that some time in November or the early part of December, shortly after the above incident, she had seen Clyde arrive, a box of some kind under his arm, and knock at RobertaвАЩs door and enter, and was then positive that he was the same young man she had seen that moonlight night quarreling with Roberta.
And next, Whiggam, and after him Liggett, testifying as to the dates of arrival of Clyde at the factory, as well as Roberta, and as to the rule regarding department heads and female help, and, in so far as they could see, the impeccable surface conduct of both Clyde and Roberta, neither seeming to look at the other or at anyone else for that matter. (That was Liggett testifying.)
And after them again, others. Mrs.¬†Peyton to testify as to the character of his room and his social activities in so far as she was able to observe them. Mrs.¬†Alden to testify that at Christmas the year before Roberta had confessed to her that her superior at the factoryвБ†вАФClyde Griffiths, the nephew of the ownerвБ†вАФwas paying attention to her, but that it had to be kept secret for the time being. Frank Harriet, Harley Baggott, Tracy Trumbull and Eddie Sells to testify that during December last Clyde had been invited here and there and had attended various social gatherings in Lycurgus. John Lambert, a druggist of Schenectady, testifying that some time in January he had been applied to by a youth, who he now identified as the defendant, for some medicine which would bring about a miscarriage. Orrin Short to testify that in late January Clyde had asked him if he knew of a doctor who could aid a young married womanвБ†вАФaccording to ClydeвАЩs story, the wife of an employee of Griffiths¬†& CompanyвБ†вАФwho was too poor to afford a child, and whose husband, according to Clyde, had asked him for this information. And next Dr.¬†Glenn, testifying to RobertaвАЩs visit, having previously recalled her from pictures published in the papers, but adding that professionally he had been unwilling to do anything for her.
And then C. B. Wilcox, a farmer neighbor of the Aldens, testifying to having been in the washroom back of the kitchen on or about June twenty-ninth or thirtieth, on which occasion Roberta having been called over the long distance telephone from Lycurgus by a man who gave his name as Baker, he had heard her say to him: вАЬBut, Clyde, I canвАЩt wait that long. You know I canвАЩt. And I wonвАЩt.вАЭ And her voice had sounded excited and distressed. Mr.¬†Wilcox was positive as to the name Clyde.
And Ethel Wilcox, a daughter of this same C. B.вБ†вАФshort and fat and with a lispвБ†вАФwho swore that on three preceding occasions, having received long distance requests for Roberta, she had proceeded to get her. And each time the call was from Lycurgus from a man named Baker. Also, on one occasion, she had heard her refer to the caller as Clyde. And once she had heard her say that вАЬunder no circumstances would she wait that long,вАЭ although what she meant by that she did not know.
And next Roger Beane, a rural free delivery letter-carrier, who testified that between June seventh or eighth to July fourth or fifth, he had received no less than fifteen letters from Roberta herself or the mail box at the crossroads of the Alden farm, and that he was positive that most of the letters were addressed to Clyde Griffiths, care of General Delivery, Lycurgus.
And next Amos Showalter, general delivery clerk at Lycurgus, who swore that to the best of his recollection, from or between June seventh or eighth and July fourth or fifth, Clyde, whom he knew by name, had inquired for and received not less than fifteen or sixteen letters.
And after him, R. T. Biggen, an oil station manager of Lycurgus, who swore that on the morning of July sixth, at about eight oвАЩclock, having gone to Fielding Avenue, which was on the extreme west of the city, leading on the northern end to a вАЬstopвАЭ on the Lycurgus and Fonda electric line, he had seen Clyde, dressed in a gray suit and wearing a straw hat and carrying a brown suitcase, to one side of which was strapped a yellow camera tripod and something elseвБ†вАФan umbrella it might have been. And knowing in which direction Clyde lived, he had wondered at his walking, when at Central Avenue, not so far from his home, he could have boarded the Fonda-Lycurgus car. And Belknap in his cross-examination inquiring of this witness how, being one hundred and seventy-five feet distant, he could swear that it was a tripod that he saw, and Biggens insisting that it wasвБ†вАФit was bright yellow and wood and had brass clops and three legs.
And then after him, John W. Troescher, station master at Fonda, who testified that on the morning of July sixth last (he recalled it clearly because of certain other things which he listed), he had sold Roberta Alden a ticket to Utica. He recalled Miss Alden because of having noted her several times during the preceding winter. She looked quite tired, almost sick, and carried a brown bag, something like the brown bag there and then exhibited to him. Also he recalled the defendant, who also carried a bag. He did not see him notice or talk to the girl.
And next Quincy B. Dale, conductor of the particular train that ran from Fonda to Utica. He had noticed, and now recalled, Clyde in one car toward the rear. He also noticed, and from photographs later published, had recalled Roberta.
She gave him a friendly smile and he had said that such a bag as she was carrying seemed rather heavy for her and that he would have one of the brakemen carry it out for her at Utica, for which she thanked him. He had seen her descend at Utica and disappear into the depot. He had not noticed Clyde there.
And then the identification of RobertaвАЩs trunk as having been left in the baggage room at the station at Utica for a number of days. And after that the guest page of the Renfrew House, of Utica, for July sixth last, identified by Jerry K. Kernocian, general manager of said hotel, which showed an entryвБ†вАФвАЬClifford Golden and wife.вАЭ And the same then and there compared by handwriting experts with two other registration pages from the Grass Lake and Big Bittern inns and sworn to as being identically the same handwriting. And these compared with the card in RobertaвАЩs suitcase, and all received in evidence and carefully examined by each juror in turn and by Belknap and Jephson, who, however, had seen all but the card before. And once more a protest on the part of Belknap as to the unwarranted and illegal and shameful withholding of evidence on the part of the district attorney. And a long and bitter wrangle as to that, serving, in fact, to bring to a close the tenth day of the trial.
XXII
And then, on the eleventh day, Frank W. Schaefer, clerk of the Renfrew House in Utica, recalling the actual arrival of Clyde and Roberta and their actions; also ClydeвАЩs registration for both as Mr.¬†and Mrs.¬†Clifford Golden, of Syracuse. And then Wallace Vanderhoff, one of the clerks of the Star Haberdashery in Utica, with a story of ClydeвАЩs actions and general appearance at the time of his buying a straw hat. And then the conductor of the train running between Utica and Grass Lake. And the proprietor of the Grass Lake House. And Blanche Pettingill, a waitress, who swore that at dinner she overheard Clyde arguing with Roberta as to the impossibility of getting a marriage license thereвБ†вАФthat it would be better to wait until they reached some other place the next dayвБ†вАФa bit of particularly damaging testimony, since it predated by a day the proposed confession which Clyde was supposed to have made to Roberta, but which Jephson and Belknap afterward agreed between themselves might easily have had some preliminary phases. And after her the conductor of the train that carried them to Gun Lodge. And after him the guide and the driver of the bus, with his story of ClydeвАЩs queer talk about many people being over there and leaving RobertaвАЩs bag while he took his own, and saying they would be back.
And then, the proprietor of the Inn at Big Bittern; the boatkeeper; the three men in the woodsвБ†вАФtheir testimony very damaging to ClydeвАЩs case, since they pictured his terror on encountering them. And then the story of the finding of the boat and RobertaвАЩs body, and the eventual arrival of Heit and his finding of the letter in RobertaвАЩs coat. A score of witnesses testifying as to all this. And next the boat captain, the farm girl, the Cranston chauffeur, the arrival of Clyde at the CranstonsвАЩ, and at last (every step accounted for and sworn to) his arrival at Bear Lake, the pursuit and his captureвБ†вАФto say nothing of the various phases of his arrestвБ†вАФwhat he saidвБ†вАФthis being most damaging indeed, since it painted Clyde as false, evasive, and terrified.
But unquestionably, the severest and most damaging testimony related to the camera and the tripodвБ†вАФthe circumstances surrounding the finding of themвБ†вАФand on the weight of this Mason was counting for a conviction. His one aim first was to convict Clyde of lying as to his possession of either a tripod or a camera. And in order to do that he first introduced Earl Newcomb, who swore that on a certain day, when he, Mason and Heit and all the others connected with the case were taking Clyde over the area in which the crime had been committed, he and a certain native, one Bill Swartz, who was afterwards put on the stand, while poking about under some fallen logs and bushes, had come across the tripod, hidden under a log. Also (under the leadership of Mason, although over the objections of both Belknap and Jephson, which were invariably overruled), he proceeded to add that Clyde, on being asked whether he had a camera or this tripod, had denied any knowledge of it, on hearing which Belknap and Jephson actually shouted their disapproval.
Immediately following, though eventually ordered stricken from the records by Justice Oberwaltzer, there was introduced a paper signed by Heit, Burleigh, Slack, Kraut, Swenk, Sissel, Bill Swartz, Rufus Forster, county surveyor, and Newcomb, which set forth that Clyde, on being shown the tripod and asked whether he had one, вАЬvehemently and repeatedly denied that he had.вАЭ But in order to drive the import of this home, Mason immediately adding: вАЬVery well, your Honor, but I have other witnesses who will swear to everything that is in that paper and more,вАЭ and at once calling вАЬJoseph Frazer! Joseph Frazer!вАЭ and then placing on the stand a dealer in sporting goods, cameras, etc., who proceeded to swear that some time between May fifteenth and June first, the defendant, Clyde Griffiths, whom he knew by sight and name, had applied to him for a camera of a certain size, with tripod attached, and that the defendant had finally selected a Sank, 3¬љ by 5¬љ, for which he had made arrangements to pay in installments. And after due examination and consulting certain stock numbers with which the camera and the tripod and his own book were marked, Mr.¬†Frazer identifying first the camera now shown him, and immediately after that the yellow tripod as the one he had sold Clyde.
And Clyde sitting up aghast. Then they had found the camera, as well as the tripod, after all. And after he had protested so that he had no camera with him. What would that jury and the judge and this audience think of his lying about that? Would they be likely to believe his story of a change of heart after this proof that he had lied about a meaningless camera? Better to have confessed in the first place.
But even as he was so thinking Mason calling Simeon Dodge, a young woodsman and driver, who testified that on Saturday, the sixteenth of July, accompanied by John Pole, who had lifted RobertaвАЩs body out of the water, he had at the request of the district attorney, repeatedly dived into the exact spot where her body was found, and finally succeeded in bringing up a camera. And then the camera itself identified by Dodge.
Immediately after this all the testimony in regard to the hitherto as yet unmentioned films found in the camera at the time of its recovery, since developed, and now received in evidence, four views which showed a person looking more like Roberta than anyone else, together with two, which clearly enough represented Clyde. Belknap was not able to refute or exclude them.
Then Floyd Thurston, one of the guests at the Cranston lodge at Sharon on June eighteenthвБ†вАФthe occasion of ClydeвАЩs first visit thereвБ†вАФplaced on the stand to testify that on that occasion Clyde had made a number of pictures with a camera about the size and description of the one shown him, but failing to identify it as the particular one, his testimony being stricken out.
After him again, Edna Patterson, a chambermaid in the Grass Lake Inn, who, as she swore, on entering the room which Clyde and Roberta occupied on the night of July seventh, had seen Clyde with a camera in his hand, which was of the size and color, as far as she could recall, of the one then and there before her. She had also at the same time seen a tripod. And Clyde, in his curious and meditative and half-hypnotized state, recalling well enough the entrance of this girl into that room and marveling and suffering because of the unbreakable chain of facts that could thus be built up by witnesses from such varying and unconnected and unexpected places, and so long after, too.
After her, but on different days, and with Belknap and Jephson contending every inch of the way as to the admissibility of all this, the testimony of the five doctors whom Mason had called in at the time RobertaвАЩs body was first brought to Bridgeburg, and who in turn swore that the wounds, both on the face and head, were sufficient, considering RobertaвАЩs physical condition, to stun her. And because of the condition of the dead girlвАЩs lungs, which had been tested by attempting to float them in water, averring that at the time her body had first entered the water, she must have been still alive, although not necessarily conscious. But as to the nature of the instrument used to make these wounds, they would not venture to guess, other than to say it must have been blunt. And no grilling on the part of either Belknap or Jephson could bring them to admit that the blows could have been of such a light character as not to stun or render unconscious. The chief injury appeared to be on the top of the skull, deep enough to have caused a blood clot, photographs of all of which were put in evidence.
At this psychological point, when both audience and jury were most painfully and effectively stirred, a number of photographs of RobertaвАЩs face, made at the time that Heit, the doctors and the Lutz Brothers had her in charge, were introduced. Then the dimensions of the bruises on the right side of her face were shown to correspond exactly in size with two sides of the camera. Immediately after that, Burton Burleigh, placed on the stand to swear how he had discovered the two strands of hair which corresponded with the hair on RobertaвАЩs headвБ†вАФor so Mason tried to showвБ†вАФcaught between the lens and the lid. And then, after hours and hours, Belknap, infuriated and yet made nervous by this type of evidence and seeking to riddle it with sarcasm, finally pulling a light hair out of his head and then asking the jurors and Burleigh if they could venture to tell whether one single hair from anyoneвАЩs head could be an indication of the general color of a personвАЩs hair, and if not, whether they were ready to believe that this particular hair was from RobertaвАЩs head or not.
Mason then calling a Mrs. Rutger Donahue, who proceeded, in the calmest and most placid fashion, to tell how on the evening of July eighth last, between five-thirty and six, she and her husband immediately after setting up a tent above Moon Cove, had started out to row and fish, when being about a half-mile off shore and perhaps a quarter of a mile above the woods or northern fringe of land which enclosed Moon Cove, she had heard a cry.
вАЬBetween half past five and six in the afternoon, you say?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd on what date again?вАЭ
вАЬJuly eighth.вАЭ
вАЬAnd where were you exactly at that time?вАЭ
вАЬWe wereвБ†вАФвАЭ
вАЬNot вАШwe.вАЩ Where were you personally?вАЭ
вАЬI was crossing what I have since learned was South Bay in a rowboat with my husband.вАЭ
вАЬYes. Now tell what happened next.вАЭ
вАЬWhen we reached the middle of the bay I heard a cry.вАЭ
вАЬWhat was it like?вАЭ
вАЬIt was penetratingвБ†вАФlike the cry of someone in painвБ†вАФor in danger. It was sharpвБ†вАФa haunting cry.вАЭ
Here a motion to вАЬstrike out,вАЭ with the result that the last phrase was so ordered stricken out.
вАЬWhere did it come from?вАЭ
вАЬFrom a distance. From within or beyond the woods.вАЭ
вАЬDid you know at the time that there was another bay or cove thereвБ†вАФbelow that strip of woods?вАЭ
вАЬNo, sir.вАЭ
вАЬWell, what did you think thenвБ†вАФthat it might have come from within the woods below where you were?вАЭ
(Objected toвБ†вАФand objection sustained.)
вАЬAnd now tell us, was it a manвАЩs or a womanвАЩs cry? What kind of a cry was it?вАЭ
вАЬIt was a womanвАЩs cry, and something like вАШOh, oh!вАЩ or вАШOh, my!вАЩвБ†вАФvery piercing and clear, but distant, of course. A double scream such as one might make when in pain.вАЭ
вАЬYou are sure you could not be mistaken as to the kind of a cry it wasвБ†вАФmale or female.вАЭ
вАЬNo, sir. I am positive. It was a womanвАЩs. It was pitched too high for a manвАЩs voice or a boyвАЩs. It could not have been anything but a womanвАЩs.вАЭ
вАЬI see. And now tell us, Mrs.¬†DonahueвБ†вАФyou see this dot on the map showing where the body of Roberta Alden was found?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd you see this other dot, over those trees, showing approximately where your boat was?вАЭ
вАЬYes, sir.вАЭ
вАЬDo you think that voice came from where this dot in Moon Cove is?вАЭ
(Objected to. Sustained.)
вАЬAnd was that cry repeated?вАЭ
вАЬNo, sir. I waited, and I called my husbandвАЩs attention to it, too, and we waited, but didnвАЩt hear it again.вАЭ
Then Belknap, eager to prove that it might have been a terrified and yet not a pained or injured cry, taking her and going all over the ground again, and finding that neither she nor her husband, who was also put on the stand, could be shaken in any way. Neither, they insisted, could the deep and sad effect of this womanвАЩs voice be eradicated from their minds. It had haunted both, and once in their camp again they had talked about it. Because it was dusk he did not wish to go seeking after the spot from which it came; because she felt that some woman or girl might have been slain in those woods, she did not want to stay any longer, and the next morning early they had moved on to another lake.
Thomas Barrett, another Adirondack guide, connected with a camp at DamвАЩs Lake, swore that at the time referred to by Mrs.¬†Donahue, he was walking along the shore toward Big Bittern Inn and had seen not only a man and woman off shore in about the position described, but farther back, toward the south shore of this bay, had noted the tent of these campers. Also that from no point outside Moon Cove, unless near the entrance, could one observe any boat within the cove. The entrance was narrow and any view from the lake proper completely blocked. And there were other witnesses to prove this.
At this psychological moment, as the afternoon sun was already beginning to wane in the tall, narrow courtroom, and as carefully planned by him beforehand, MasonвАЩs reading all of RobertaвАЩs letters, one by one, in a most simple and nondeclamatory fashion, yet with all the sympathy and emotion which their first perusal had stirred in him. They had made him cry.
He began with letter number one, dated June eighth, only three days after her departure from Lycurgus, and on through them all down to letters fourteen, fifteen, sixteen and seventeen, in which, in piecemeal or by important references here and there, she related her whole contact with Clyde down to his plan to come for her in three weeks, then in a month, then on July eighth or ninth, and then the sudden threat from her which precipitated his sudden decision to meet her at Fonda. And as Mason read them, all most movingly, the moist eyes and the handkerchiefs and the coughs in the audience and among the jurors attested their import:
вАЬYou said I was not to worry or think so much about how I feel, and have a good time. ThatвАЩs all right for you to say, when youвАЩre in Lycurgus and surrounded by your friends and invited everywhere. ItвАЩs hard for me to talk over there at WilcoxвАЩs with somebody always in earshot and with you constantly reminding me that I mustnвАЩt say this or that. But I had so much to ask and no chance there. And all that you would say was that everything was all right. But you didnвАЩt say positively that you were coming on the 27th, that because of something I couldnвАЩt quite make outвБ†вАФthere was so much buzzing on the wireвБ†вАФyou might not be able to start until later. But that canвАЩt be, Clyde. My parents are leaving for Hamilton where my uncle lives on the third. And Tom and Emily are going to my sisterвАЩs on the same day. But I canвАЩt and wonвАЩt go there again. I canвАЩt stay here all alone. So you must, you really must come, as you agreed. I canвАЩt wait any longer than that, Clyde, in the condition that IвАЩm in, and so you just must come and take me away. Oh, please, please, I beg of you, not to torture me with any more delays now.вАЭ
And again:
вАЬClyde, I came home because I thought I could trust you. You told me so solemnly before I left that if I would, you would come and get me in three weeks at the mostвБ†вАФthat it would not take you longer than that to get ready, have enough money for the time we would be together, or until you could get something to do somewhere else. But yesterday, although the third of July will be nearly a month since I left, you were not at all sure at first that you could come by then, and when as I told you my parents are surely leaving for Hamilton to be gone for ten days. Of course, afterwards, you said you would come, but you said it as though you were just trying to quiet me. It has been troubling me awfully ever since.
вАЬFor I tell you, Clyde, I am sick, very. I feel faint nearly all the time. And besides, I am so worried as to what I shall do if you donвАЩt come that I am nearly out of my mind.вАЭ
вАЬClyde, I know that you donвАЩt care for me any more like you did and that you are wishing things could be different. And yet, what am I to do? I know youвАЩll say that it has all been as much my fault as yours. And the world, if it knew, might think so, too. But how often did I beg you not to make me do what I did not want to do, and which I was afraid even then I would regret, although I loved you too much to let you go, if you still insisted on having your way.вАЭ
вАЬClyde, if I could only die. That would solve all this. And I have prayed and prayed that I would lately, yes I have. For life does not mean as much to me now as when I first met you and you loved me. Oh, those happy days! If only things were different. If only I were out of your way. It would all be so much better for me and for all of us. But I canвАЩt now, Clyde, without a penny and no way to save the name of our child, except this. Yet if it werenвАЩt for the terrible pain and disgrace it would bring to my mother and father and all my family, I would be willing to end it all in another way. I truly would.вАЭ
And again:
вАЬOh, Clyde, Clyde, life is so different today to what it was last year. ThinkвБ†вАФthen we were going to Crum and those other lakes over near Fonda and Gloversville and Little Falls, but nowвБ†вАФnow. Only just now some boy and girl friends of TomвАЩs and EmilyвАЩs came by to get them to go after strawberries, and when I saw them go and knew I couldnвАЩt, and that I couldnвАЩt be like that any more ever, I cried and cried, ever so long.вАЭ
And finally:
вАЬI have been bidding goodbye to some places today. There are so many nooks, dear, and all of them so dear to me. I have lived here all my life, you know. First, there was the springhouse with its great masses of green moss, and in passing it I said goodbye to it, for I wonвАЩt be coming to it soon againвБ†вАФmaybe never. And then the old apple tree where we had our playhouse years agoвБ†вАФEmily and Tom and Gifford and I. Then the вАШBelieve,вАЩ a cute little house in the orchard where we sometimes played.
вАЬOh, Clyde, you canвАЩt realize what all this means to me, I feel as though I shall never see my home again after I leave here this time. And mamma, poor dear mamma, how I do love her and how sorry I am to have deceived her so. She is never cross and she always helps me so much. Sometimes I think if I could tell her, but I canвАЩt. She has had trouble enough, and I couldnвАЩt break her heart like that. No, if I go away and come back some time, either married or deadвБ†вАФit doesnвАЩt make so much difference nowвБ†вАФshe will never know, and I will not have caused her any pain, and that means so much more than life itself to me. So goodbye, Clyde, until I do meet you, as you telephoned. And forgive me all the trouble that I have caused you.
And at points in the reading, Mason himself crying, and at their conclusion turning, weary and yet triumphant, a most complete and indestructible case, as he saw it, having been presented, and exclaiming: вАЬThe People rest.вАЭ And at that moment, Mrs.¬†Alden, in court with her husband and Emily, and overwrought, not only by the long strain of the trial but this particular evidence, uttering a whimpering yet clear cry and then falling forward in a faint. And Clyde, in his own overwrought condition, hearing her cry and seeing her fall, jumping upвБ†вАФthe restraining hand of Jephson instantly upon him, while bailiffs and others assisted her and Titus who was beside her from the courtroom. And the audience almost, if not quite, as moved and incensed against Clyde by that development as though, then and there, he had committed some additional crime.
But then, that excitement having passed and it being quite dark, and the hands of the court clock pointing to five, and all the court weary, Justice Oberwaltzer signifying his intention of adjourning for the night.
And at once all the newspaper men and feature writers and artists rising and whispering to each other that on the morrow the defense would start, and wondering as to who and where the witnesses were, also whether Clyde would be permitted to go on the stand in his own defense in the face of this amazing mass of evidence against him, or whether his lawyers would content themselves with some specious argument as to mental and moral weakness which might end in prison for lifeвБ†вАФnot less.
And Clyde, hissed and cursed as he left the court, wondering if on the morrow, and as they had planned this long time since, he would have the courage to rise and go on the standвБ†вАФwondering if there was not some way, in case no one was looking (he was not handcuffed as he went to and from the jail) maybe tomorrow night when all were rising, the crowds moving and these deputies coming toward himвБ†вАФifвБ†вАФwell, if he could only run, or walk easily and quietly and yet, quickly and seemingly unintentionally, to that stair and then down and outвБ†вАФtoвБ†вАФwellвБ†вАФto wherever it wentвБ†вАФthat small side door to the main stairs which before this he had seen from the jail! If he could only get to some woods somewhere, and then walk and walk, or run and run, maybe, without stopping, and without eating, for days maybe, until, well, until he had gotten awayвБ†вАФanywhere. It was a chance, of course. He might be shot, or tracked with dogs and men, but still it was a chance, wasnвАЩt it?
For this way he had no chance at all. No one anywhere, after all this, was going to believe him not guilty. And he did not want to die that way. No, no, not that way!
And so another miserable, black and weary night. And then another miserable gray and wintry morning.
XXIII
By eight oвАЩclock the next morning the great city papers were on the stands with the sprawling headlines, which informed everyone in no uncertain terms:
Prosecution in GriffithsвАЩ case closes with impressive deluge of testimony.
Motive as well as method hammered home.
Destructive marks on face and head shown to correspond with one side of camera.
Mother of dead girl faints at close of dramatic reading of her letters.
And the architectonic way in which Mason had built his case, together with his striking and dramatic presentation of it, was sufficient to stir in Belknap and Jephson, as well as Clyde, the momentary conviction that they had been completely routedвБ†вАФthat by no conceivable device could they possibly convince this jury now that Clyde was not a quadruple-dyed villain.
And all congratulating Mason on the masterly way he had presented his case. And Clyde, greatly reduced and saddened by the realization that his mother would be reading all that had transpired the day before. He must ask Jephson to please wire her so that she would not believe it. And Frank and Julia and Esta. And no doubt Sondra reading all this, too, today, yet through all these days, all these black nights, not one word! A reference now and then in the papers to a Miss X but at no time a single correct picture of her. That was what a family with money could do for you. And on this very day his defense would begin and he would have to go forward as the only witness of any import. Yet asking himself, how could he? The crowd. Its temper. The nervous strain of its unbelief and hatred by now. And after Belknap was through with him, then Mason. It was all right for Belknap and Jephson. They were in no danger of being tortured, as he was certain of being tortured.
Yet in the face of all this, and after an hour spent with Jephson and Belknap in his cell, finding himself back in the courtroom, under the persistent gaze of this nondescript jury and the tensely interested audience. And now Belknap rising before the jury and after solemnly contemplating each one of them, beginning:
вАЬGentlemenвБ†вАФsomewhat over three weeks ago you were told by the district attorney that because of the evidence he was about to present he would insist that you jurors must find the prisoner at the bar guilty of the crime of which he stands indicted. It has been a long and tedious procedure since then. The foolish and inexperienced, yet in every case innocent and unintentional, acts of a boy of fifteen or sixteen have been gone into before you gentlemen as though they were the deeds of a hardened criminal, and plainly with the intention of prejudicing you against this defendant, who, with the exception of one misinterpreted accident in Kansas CityвБ†вАФthe most brutally and savagely misinterpreted accident it has ever been my professional misfortune to encounterвБ†вАФcan be said to have lived as clean and energetic and blameless and innocent a life as any boy of his years anywhere. You have heard him called a manвБ†вАФa bearded manвБ†вАФa criminal and a crime-soaked product of the darkest vomiting of Hell. And yet he is but twenty-one. And there he sits. And I venture to say that if by some magic of the spoken word I could at this moment strip from your eye the substance of all the cruel thoughts and emotions which have been attributed to him by a clamorous and mistaken and I might say (if I had not been warned not to do so), politically biased prosecution, you could no more see him in the light that you do than you could rise out of that box and fly through those windows.
вАЬGentlemen of the jury, I have no doubt that you, as well as the district attorney and even the audience, have wondered how under the downpour of such linked and at times almost venomous testimony, I or my colleague or this defendant could have remained as calm and collected as we have.вАЭ (And here he waved with grave ceremoniousness in the direction of his partner, who was still waiting his own hour.) вАЬYet, as you have seen, we have not only maintained but enjoyed the serenity of those who not only feel but know that they have the right and just end of any legal contest. You recall, of course, the words of the Avon bardвБ†вАФвАШThrice armed is he who hath his quarrel just.вАЩ
вАЬIn fact, we know, as the prosecution in this case unfortunately does not, the peculiarly strange and unexpected circumstances by which this dramatic and most unfortunate death came about. And before we are through you shall see for yourselves. In the meantime, let me tell you, gentlemen, that since this case opened I have believed that even apart from the light we propose to throw on this disheartening tragedy, you gentlemen are not at all sure that a brutal or bestial crime can be laid upon the shoulders of this defendant. You cannot be! For after all, love is love, and the ways of passion and the destroying emotion of love in either sex are not those of the ordinary criminal. Only remember, we were once all boys. And those of you who are grown women were girls, and know wellвБ†вАФoh, how very wellвБ†вАФthe fevers and aches of youth that have nothing to do with a later practical life. вАШJudge not, lest ye be judged and with whatsoever measure ye mete, it will be measured unto ye again.вАЩ
вАЬWe admit the existence and charm and potent love spell of the mysterious Miss X and her letters, which we have not been able to introduce here, and their effect on this defendant. We admit his love for this Miss X, and we propose to show by witnesses of our own, as well as by analyzing some of the testimony that has been offered here, that perhaps the sly and lecherous overtures with which this defendant is supposed to have lured the lovely soul now so sadly and yet so purely accidentally blotted out, as we shall show, from the straight and narrow path of morality, were perhaps no more sly nor lecherous than the proceedings of any youth who finds the girl of his choice surrounded by those who see life only in the terms of the strictest and narrowest moral regime. And, gentlemen, as your own county district attorney has told you, Roberta Alden loved Clyde Griffiths. At the very opening of this relationship which has since proved to be a tragedy, this dead girl was deeply and irrevocably in love with him, just as at the time he imagined that he was in love with her. And people who are deeply and earnestly in love with each other are not much concerned with the opinions of others in regard to themselves. They are in loveвБ†вАФand that is sufficient!
вАЬBut, gentlemen, I am not going to dwell on that phase of the question so much as on this explanation which we are about to offer. Why did Clyde Griffiths go to Fonda, or to Utica, or to Grass Lake, or to Big Bittern, at all? Do you think we have any reason for or any desire to deny or discolor in any way the fact of his having done so, or with Roberta Alden either? Or why, after the suddenness and seeming strangeness and mystery of her death, he should have chosen to walk away as he did? If you seriously think so for one fraction of a moment, you are the most hopelessly deluded and mistaken dozen jurymen it has been our privilege to argue before in all our twenty-seven yearsвАЩ contact with juries.
вАЬGentlemen, I have said to you that Clyde Griffiths is not guilty, and he is not. You may think, perhaps, that we ourselves must be believing in his guilt. But you are wrong. The peculiarity, the strangeness of life, is such that oftentimes a man may be accused of something that he did not do and yet every circumstance surrounding him at the time seem to indicate that he did do it. There have been many very pathetic and very terrible instances of miscarriages of justice through circumstantial evidence alone. Be sure! Oh, be very sure that no such mistaken judgment based on any local or religious or moral theory of conduct or bias, because of presumed irrefutable evidence, is permitted to prejudice you, so that without meaning to, and with the best and highest-minded intentions, you yourselves see a crime, or the intention to commit a crime, when no such crime or any such intention ever truly or legally existed or lodged in the mind or acts of this defendant. Oh, be sure! Be very, very sure!вАЭ
And here he paused to rest and seemed to give himself over to deep and even melancholy thought, while Clyde, heartened by this shrewd and defiant beginning was inclined to take more courage. But now Belknap was talking again, and he must listenвБ†вАФnot lose a word of all this that was so heartening.
вАЬWhen Roberta AldenвАЩs body was taken out of the water at Big Bittern, gentlemen, it was examined by a physician. He declared at the time that the girl had been drowned. He will be here and testify and the defendant shall have the benefit of that testimony, and you must render it to him.
вАЬYou were told by the district attorney that Roberta Alden and Clyde Griffiths were engaged to be married and that she left her home at Biltz and went forth with him on July sixth last on her wedding journey. Now, gentlemen, it is so easy to slightly distort a certain set of circumstances. вАШWere engaged to be marriedвАЩ was how the district attorney emphasized the incidents leading up to the departure on July sixth. As a matter of fact, not one iota of any direct evidence exists which shows that Clyde Griffiths was ever formally engaged to Roberta Alden, or that, except for some passages in her letters, he agreed to marry her. And those passages, gentlemen, plainly indicate that it was only under the stress of moral and material worry, due to her conditionвБ†вАФfor which he was responsible, of course, but which, nevertheless, was with the consent of bothвБ†вАФa boy of twenty-one and a girl of twenty-threeвБ†вАФthat he agreed to marry her. Is that, I ask you, an open and proper engagementвБ†вАФthe kind of an engagement you think of when you think of one at all? Mind you, I am not seeking to flout or belittle or reflect in any way on this poor, dead girl. I am simply stating, as a matter of fact and of law, that this boy was not formally engaged to this dead girl. He had not given her his word beforehand that he would marry herвБ†вАКвБ†вА¶ Never! There is no proof. You must give him the benefit of that. And only because of her condition, for which we admit he was responsible, he came forward with an agreement to marry her, in caseвБ†вАКвБ†вА¶ in caseвАЭ (and here he paused and rested on the phrase), вАЬshe was not willing to release him. And since she was not willing to release him, as her various letters read here show, that agreement, on pain of a public exposure in Lycurgus, becomes, in the eyes and words of the district attorney, an engagement, and not only that but a sacred engagement which no one but a scoundrel and a thief and a murderer would attempt to sever! But, gentlemen, many engagements, more open and sacred in the eyes of the law and of religion, have been broken. Thousands of men and thousands of women have seen their hearts change, their vows and faith and trust flouted, and have even carried their wounds into the secret places of their souls, or gone forth, and gladly, to death at their own hands because of them. As the district attorney said in his address, it is not new and it will never be old. Never!
вАЬBut it is such a case as this last, I warn you, that you are now contemplating and are about to pass uponвБ†вАФa girl who is the victim of such a change of mood. But that is not a legal, however great a moral or social crime it may be. And it is only a curious and almost unbelievably tight and yet utterly misleading set of circumstances in connection with the death of this girl that chances to bring this defendant before you at this time. I swear it. I truly know it to be so. And it can and will be fully explained to your entire satisfaction before this case is closed.
вАЬHowever, in connection with this last statement, there is another which must be made as a preface to all that is to follow.
вАЬGentlemen of the jury, the individual who is on trial here for his life is a mental as well as a moral cowardвБ†вАФno more and no lessвБ†вАФnot a downright, hard-hearted criminal by any means. Not unlike many men in critical situations, he is a victim of a mental and moral fear complex. Why, no one as yet has been quite able to explain. We all have one secret bugbear or fear. And it is these two qualities, and no others, that have placed him in the dangerous position in which he now finds himself. It was cowardice, gentlemenвБ†вАФfear of a rule of the factory of which his uncle is the owner, as well as fear of his own word given to the officials above him, that caused him first to conceal the fact that he was interested in the pretty country girl who had come to work for him. And later, to conceal the fact that he was going with her.
вАЬYet no statutory crime of any kind there. You could not possibly try a man for that, whatever privately you might think. And it was cowardice, mental and moral, gentlemen, which prevented him, after he became convinced that he could no longer endure a relationship which had once seemed so beautiful, from saying outright that he could not, and would not continue with her, let alone marry her. Yet, will you slay a man because he is the victim of fear? And again, after all, if a man has once and truly decided that he cannot and will not endure a given woman, or a woman a manвБ†вАФthat to live with her could only prove torturesomeвБ†вАФwhat would you have that person do? Marry her? To what end? That they may hate and despise and torture each other forever after? Can you truly say that you agree with that as a rule, or a method, or a law? Yet, as the defense sees it, a truly intelligent and fair enough thing, under the circumstances, was done in this instance. An offer, but without marriageвБ†вАФand alas, without availвБ†вАФwas made. A suggestion for a separate life, with him working to support her while she dwelt elsewhere. Her own letters, read only yesterday in this court, indicate something of the kind. But the oh, so often tragic insistence upon what in so many cases were best left undone! And then that last, long, argumentative trip to Utica, Grass Lake, and Big Bittern. And all to no purpose. Yet with no intention to kill or betray unto death. Not the slightest. And we will show you why.
вАЬGentlemen, once more I insist that it was cowardice, mental and moral, and not any plot or plan for any crime of any kind, that made Clyde Griffiths travel with Roberta Alden under various aliases to all the places I have just mentionedвБ†вАФthat made him write вАШMr.¬†and Mrs.¬†Carl Graham,вАЩ вАШMr.¬†and Mrs.¬†Clifford GoldenвАЩвБ†вАФmental and moral fear of the great social mistake as well as sin that he had committed in pursuing and eventually allowing himself to fail into this unhallowed relationship with herвБ†вАФmental and moral fear or cowardice of what was to follow.
вАЬAnd again, it was mental and moral cowardice that prevented him there at Big Bittern, once the waters of the lake had so accidentally closed over her, from returning to Big Bittern Inn and making public her death. Mental and Moral CowardiceвБ†вАФand nothing more and nothing less. He was thinking of his wealthy relatives in Lycurgus, their rule which his presence here on the lake with this girl would show to have been brokenвБ†вАФof the suffering and shame and rage of her parents. And besides, there was Miss XвБ†вАФthe brightest star in the brightest constellation of all his dreams.
вАЬWe admit all that, and we are completely willing to concede that he was, or must have been, thinking of all these things. The prosecution charges, and we admit that such is the fact, that he had been so completely ensnared by this Miss X, and she by him, that he was willing and eager to forsake this first love who had given herself to him, for one who, because of her beauty and her wealth, seemed so much more desirableвБ†вАФeven as to Roberta Alden he seemed more desirable than others. And if she erred as to himвБ†вАФas plainly she didвБ†вАФmight notвБ†вАФmight not he have erred eventually in his infatuated following of one who in the ultimateвБ†вАФwho can say?вБ†вАФmight not have cared so much for him. At any rate, one of his strongest fear thoughts at this time, as he himself has confessed to us, his counsel, was that if this Miss X learned that he had been up there with this other girl of whom she had not even so much as heard, well then, it would mean the end of her regard for him.
вАЬI know that as you gentlemen view such things, such conduct has no excuse for being. One may be the victim of an internal conflict between two illicit moods, yet nevertheless, as the law and the church see it, guilty of sin and crime. But the truth, none-the-less, is that they do exist in the human heart, law or no law, religion or no religion, and in scores of cases they motivate the actions of the victims. And we admit that they motivated the actions of Clyde Griffiths.
вАЬBut did he kill Roberta Alden?
вАЬNo!
вАЬAnd again, no!
вАЬOr did he plot in any way, half-heartedly or otherwise, to drag her up there under the guise of various aliases and then, because she would not set him free, drown her? Ridiculous! Impossible! Insane! His plan was completely and entirely different.
вАЬBut, gentlemen,вАЭ and here he suddenly paused as though a new or overlooked thought had just come to him, вАЬperhaps you would be better satisfied with my argument and the final judgment you are to render if you were to have the testimony of one eyewitness at least of Roberta AldenвАЩs deathвБ†вАФone who, instead of just hearing a voice, was actually present, and who saw and hence knows how she met her death.вАЭ
He now looked at Jephson as much as to say: Now, Reuben, at last, here we are! And Reuben, turning to Clyde, easily and yet with iron in his every motion, whispered: вАЬWell, here we are, Clyde, itвАЩs up to you now. Only IвАЩm going along with you, see? IвАЩve decided to examine you myself. IвАЩve drilled and drilled you, and I guess you wonвАЩt have any trouble in telling me, will you?вАЭ He beamed on Clyde genially and encouragingly, and Clyde, because of BelknapвАЩs strong plea as well as this newest and best development in connection with Jephson, now stood up and with almost a jaunty air, and one out of all proportion to his mood of but four hours before, now whispered: вАЬGee! IвАЩm glad youвАЩre going to do it. IвАЩll be all right now, I think.вАЭ
But in the meantime the audience, hearing that an actual eyewitness was to be produced, and not by the prosecution but the defense, was at once upon its feet, craning and stirring. And Justice Oberwaltzer, irritated to an exceptional degree by the informality characteristic of this trial, was now rapping with his gavel while his clerk cried loudly: вАЬOrder! Order! Unless everybody is seated, all spectators will be dismissed! The deputies will please see that all are seated.вАЭ And then a hushed and strained silence falling as Belknap called: вАЬClyde Griffiths, take the witness chair.вАЭ And the audienceвБ†вАФseeing to its astonishment, Clyde, accompanied by Reuben Jephson, making his way forwardвБ†вАФstraining and whispering in spite of all the gruff commands of the judge and the bailiffs. And even Belknap, as he saw Jephson approaching, being a little astonished, since it was he who according to the original plan was to have led Clyde through his testimony. But now Jephson drawing near to him as Clyde was being seated and sworn, merely whispered: вАЬLeave him to me, Alvin, I think itвАЩs best. He looks a little too strained and shaky to suit me, but I feel sure I can pull him through.вАЭ
And then the audience noting the change and whispering in regard to it. And Clyde, his large nervous eyes turning here and there, thinking: Well, IвАЩm on the witness stand at last. And now everybodyвАЩs watching me, of course. I must look very calm, like I didnвАЩt care so very much, because I didnвАЩt really kill her. ThatвАЩs right, I didnвАЩt. Yet his skin blue and the lids of his eyes red and puffy and his hands trembling slightly in spite of himself. And Jephson, his long, tensile and dynamic body like that of a swaying birch, turning toward him and looking fixedly into ClydeвАЩs brown eyes with his blue ones, beginning:
вАЬNow, Clyde, the first thing we want to do is make sure that the jury and everyone else hears our questions and answers. And next, when youвАЩre all set, youвАЩre going to begin with your life as you remember itвБ†вАФwhere you were born, where you came from, what your father did and your mother, too, and finally, what you did and why, from the time you went to work until now. I may interrupt you with a few questions now and then, but in the main IвАЩm going to let you tell it, because I know you can tell it better than anyone.вАЭ Yet in order to reassure Clyde and to make him know each moment that he was thereвБ†вАФa wall, a bulwark, between him and the eager, straining, unbelieving and hating crowdвБ†вАФhe now drew nearer, at times so close as to put one foot on the witness stand, or if not that to lean forward and lay a hand on the arm of the chair in which Clyde sat. And all the while saying, вАЬYay-ussвБ†вАФYay-uss.вАЭ вАЬAnd then what?вАЭ вАЬAnd then?вАЭ And invariably at the strong and tonic or protective sound of his voice Clyde stirring as with a bolstering force and finding himself able, and without shaking or quavering, to tell the short but straitened story of his youth.
вАЬI was born in Grand Rapids, Michigan. My parents were conducting a mission there at that time and used to hold open air meetingsвБ†вАКвБ†вА¶вАЭ
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
XXV
The mood of Mason throughout the entire direct examination was that of a restless harrier anxious to be off at the heels of its preyвБ†вАФof a foxhound within the last leap of its kill. A keen and surging desire to shatter this testimony, to show it to be from start to finish the tissue of lies that in part at least it was, now animated him. And no sooner had Jephson concluded than he leaped up and confronted Clyde, who, seeing him blazing with this desire to undo him, felt as though he was about to be physically attacked.
вАЬGriffiths, you had that camera in your hand at the time she came toward you in the boat?вАЭ
вАЬYes, sir.вАЭ
вАЬShe stumbled and fell and you accidentally struck her with it?вАЭ
вАЬYes.вАЭ
вАЬI donвАЩt suppose in your truthful and honest way you remember telling me there in the woods on the shore of Big Bittern that you never had a camera?вАЭ
вАЬYes, sirвБ†вАФI remember that.вАЭ
вАЬAnd that was a lie, of course?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd told with all the fervor and force that you are now telling this other lie?вАЭ
вАЬIвАЩm not lying. IвАЩve explained why I said that.вАЭ
вАЬYouвАЩve explained why you said that! YouвАЩve explained why you said that! And because you lied there you expect to be believed here, do you?вАЭ
Belknap rose to object, but Jephson pulled him down.
вАЬWell, this is the truth, just the same.вАЭ
вАЬAnd no power under heaven could make you tell another lie here, of courseвБ†вАФnot a strong desire to save yourself from the electric chair?вАЭ
Clyde blanched and quivered slightly; he blinked his red, tired eyelids. вАЬWell, I might, maybe, but not under oath, I donвАЩt think.вАЭ
вАЬYou donвАЩt think! Oh, I see. Lie all you want wherever you areвБ†вАФand at any timeвБ†вАФand under any circumstancesвБ†вАФexcept when youвАЩre on trial for murder!вАЭ
вАЬNo, sir. It isnвАЩt that. But what I just said is so.вАЭ
вАЬAnd you swear on the Bible, do you, that you experienced a change of heart?вАЭ
вАЬYes, sir.вАЭ
вАЬThat Miss Alden was very sad and that was what moved you to experience this change of heart?вАЭ
вАЬYes, sir. ThatвАЩs how it was.вАЭ
вАЬWell, now, Griffiths, when she was up there in the country and waiting for youвБ†вАФshe wrote you all those letters there, did she not?вАЭ
вАЬYes, sir.вАЭ
вАЬYou received one on an average of every two days, didnвАЩt you?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd you knew she was lonely and miserable there, didnвАЩt you?вАЭ
вАЬYes, sirвБ†вАФbut then IвАЩve explainedвБ†вАФвАЭ
вАЬOh, youвАЩve explained! You mean your lawyers have explained it for you! DidnвАЩt they coach you day after day in that jail over there as to how you were to answer when the time came?вАЭ
вАЬNo, sir, they didnвАЩt!вАЭ replied Clyde, defiantly, catching JephsonвАЩs eye at this moment.
вАЬWell, then when I asked you up there at Bear Lake how it was that his girl met her deathвБ†вАФwhy didnвАЩt you tell me then and save all this trouble and suspicion and investigation? DonвАЩt you think the public would have listened more kindly and believingly there than it will now after youвАЩve taken five long months to think it all out with the help of two lawyers?вАЭ
вАЬBut I didnвАЩt think it out with any lawyers,вАЭ persisted Clyde, still looking at Jephson, who was supporting him with all his mental strength. вАЬIвАЩve just explained why I did that.вАЭ
вАЬYouвАЩve explained! YouвАЩve explained!вАЭ roared Mason, almost beside himself with the knowledge that this false explanation was sufficient of a shield or barrier for Clyde to hide behind whenever he found himself being too hard pressedвБ†вАФthe little rat! And so now he fairly quivered with baffled rage as he proceeded.
вАЬAnd before you went upвБ†вАФwhile she was writing them to youвБ†вАФyou considered them sad, didnвАЩt you?вАЭ
вАЬWhy, yes, sir. That isвАЭвБ†вАФhe hesitated incautiouslyвБ†вАФвАЬsome parts of them anyhow.вАЭ
вАЬOh, I seeвБ†вАФonly some parts of them now. I thought you just said you considered them sad.вАЭ
вАЬWell, I do.вАЭ
вАЬAnd did.вАЭ
вАЬYes, sirвБ†вАФand did.вАЭ But ClydeвАЩs eyes were beginning to wander nervously in the direction of Jephson, who was fixing him as with a beam of light.
вАЬRemember her writing you this?вАЭ And here Mason picked up and opened one of the letters and began reading: вАЬClydeвБ†вАФI shall certainly die, dear, if you donвАЩt come. I am so much alone. I am nearly crazy now. I wish I could go away and never return or trouble you any more. But if you would only telephone me, even so much as once every other day, since you wonвАЩt write. And when I need you and a word of encouragement so.вАЭ MasonвАЩs voice was mellow. It was sad. One could feel, as he spoke, the wave of passing pity that was moving as sound and color not only through him but through every spectator in the high, narrow courtroom. вАЬDoes that seem at all sad to you?вАЭ
вАЬYes, sir, it does.вАЭ
вАЬDid it then?вАЭ
вАЬYes, sir, it did.вАЭ
вАЬYou knew it was sincere, didnвАЩt you?вАЭ snarled Mason.
вАЬYes, sir. I did.вАЭ
вАЬThen why didnвАЩt a little of that pity that you claim moved you so deeply out there in the center of Big Bittern move you down there in Lycurgus to pick up the telephone there in Mrs.¬†PeytonвАЩs house where you were and reassure that lonely girl by so much as a word that you were coming? Was it because your pity for her then wasnвАЩt as great as it was after she wrote you that threatening letter? Or was it because you had a plot and you were afraid that too much telephoning to her might attract attention? How was it that you had so much pity all of a sudden up at Big Bittern, but none at all down there at Lycurgus? Is it something you can turn on and off like a faucet?вАЭ
вАЬI never said I had none at all,вАЭ replied Clyde, defiantly, having just received an eye-flash from Jephson.
вАЬWell, you left her to wait until she had to threaten you because of her own terror and misery.вАЭ
вАЬWell, IвАЩve admitted that I didnвАЩt treat her right.вАЭ
вАЬHa, ha! Right! Right! And because of that admission and in face of all the other testimony weвАЩve had here, your own included, you expect to walk out of here a free man, do you?вАЭ
Belknap was not to be restrained any longer. His objection cameвБ†вАФand with bitter vehemence he addressed the judge: вАЬThis is infamous, your Honor. Is the district attorney to be allowed to make a speech with every question?вАЭ
вАЬI heard no objection,вАЭ countered the court. вАЬThe district attorney will frame his questions properly.вАЭ
Mason took the rebuke lightly and turned again to Clyde. вАЬIn that boat there in the center of Big Bittern you have testified that you had in your hand that camera that you once denied owning?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd she was in the stern of the boat?вАЭ
вАЬYes, sir.вАЭ
вАЬBring in that boat, will you, Burton?вАЭ he called to Burleigh at this point, and forthwith four deputies from the district attorneyвАЩs office retired through a west door behind the judgeвАЩs rostrum and soon returned carrying the identical boat in which Clyde and Roberta had sat, and put it down before the jury. And as they did so Clyde chilled and stared. The identical boat! He blinked and quivered as the audience stirred, stared and strained, an audible wave of curiosity and interest passing over the entire room. And then Mason, taking the camera and shaking it up and down, exclaimed: вАЬWell, here you are now, Griffiths! The camera you never owned. Step down here into this boat and take this camera here and show the jury just where you sat, and where Miss Alden sat. And exactly, if you can, how and where it was that you struck Miss Alden and where and about how she fell.вАЭ
вАЬObject!вАЭ declared Belknap.
A long and wearisome legal argument, finally terminating in the judge allowing this type of testimony to be continued for a while at least. And at the conclusion of it, Clyde declaring: вАЬI didnвАЩt intentionally strike her with it thoughвАЭвБ†вАФto which Mason replied: вАЬYes, we heard you testify that wayвАЭвБ†вАФthen Clyde stepping down and after being directed here and there finally stepping into the boat at the middle seat and seating himself while three men held it straight.
вАЬAnd now, NewcombвБ†вАФI want you to come here and sit wherever Miss Alden was supposed to sit and take any position which he describes as having been taken by her.вАЭ
вАЬYes, sir,вАЭ said Newcomb, coming forward and seating himself while Clyde vainly sought to catch JephsonвАЩs eye but could not since his own back was partially turned from him.
вАЬAnd now, Griffiths,вАЭ went on Mason, вАЬjust you show Mr.¬†Newcomb here how Miss Alden arose and came toward you. Direct him.вАЭ
And then Clyde, feeling weak and false and hated, arising again and in a nervous and angular wayвБ†вАФthe eerie strangeness of all this affecting him to the point of unbelievable awkwardnessвБ†вАФattempting to show Newcomb just how Roberta had gotten up and half walked and half crawled, then had stumbled and fallen. And after that, with the camera in his hand, attempting to show as nearly as he could recall, how unconsciously his arm had shot out and he had struck Roberta, he scarcely knowing whereвБ†вАФon the chin and cheek maybe, he was not sure, but not intentionally, of course, and not with sufficient force really to injure her, he thought at the time. But just here a long wrangle between Belknap and Mason as to the competency of such testimony since Clyde declared that he could not remember clearlyвБ†вАФbut Oberwaltzer finally allowing the testimony on the ground that it would show, relatively, whether a light or heavy push or blow was required in order to upset anyone who might be вАЬlightlyвАЭ or вАЬlooselyвАЭ poised.
вАЬBut how in HeavenвАЩs name are these antics as here demonstrated on a man of Mr.¬†NewcombвАЩs build to show what would follow in the case of a girl of the size and weight of Miss Alden?вАЭ persisted Belknap.
вАЬWell, then weвАЩll put a girl of the size and weight of Miss Alden in here.вАЭ And at once calling for Zillah Saunders and putting her in NewcombвАЩs place. But Belknap none-the-less proceeding with:
вАЬAnd what of that? The conditions arenвАЩt the same. This boat isnвАЩt on the water. No two people are going to be alike in their resistance or their physical responses to accidental blows.вАЭ
вАЬThen you refuse to allow this demonstration to be made?вАЭ (This was from Mason, turning and cynically inquiring.)
вАЬOh, make it if you choose. It doesnвАЩt mean anything though, as anybody can see,вАЭ persisted Belknap, suggestively.
And so Clyde, under directions from Mason, now pushing at Zillah, вАЬabout as hard,вАЭ (he thought) as he had accidentally pushed at Roberta. And she falling back a littleвБ†вАФnot muchвБ†вАФbut in so doing being able to lay a hand on each side of the boat and so save herself. And the jury, in spite of BelknapвАЩs thought that his contentions would have counteracted all this, gathering the impression that Clyde, on account of his guilt and fear of death, was probably attempting to conjure something that had been much more viciously executed, to be sure. For had not the doctors sworn to the probable force of this and another blow on the top of the head? And had not Burton Burleigh testified to having discovered a hair in the camera? And how about the cry that woman had heard? How about that?
But with that particular incident the court was adjourned for this day.
On the following morning at the sound of the gavel, there was Mason, as fresh and vigorous and vicious as ever. And Clyde, after a miserable night in his cell and much bolstering by Jephson and Belknap, determined to be as cool and insistent and innocent-appearing as he could be, but with no real heart for the job, so convinced was he that local sentiment in its entirety was against himвБ†вАФthat he was believed to be guilty. And with Mason beginning most savagely and bitterly:
вАЬYou still insist that you experienced a change of heart, do you, Griffiths?вАЭ
вАЬYes, sir, I do.вАЭ
вАЬEver hear of people being resuscitated after they have apparently drowned?вАЭ
вАЬI donвАЩt quite understand.вАЭ
вАЬYou know, of course, that people who are supposed to be drowned, who go down for the last time and donвАЩt come up, are occasionally gotten out of the water and revived, brought back to life by first-aid methodsвБ†вАФworking their arms and rolling them over a log or a barrel. YouвАЩve heard of that, havenвАЩt you?вАЭ
вАЬYes, sir, I think I have. IвАЩve heard of people being brought back to life after theyвАЩre supposed to be drowned, but I donвАЩt think I ever heard just how.вАЭ
вАЬYou never did?вАЭ
вАЬNo, sir.вАЭ
вАЬOr how long they could stay under water and still be revived?вАЭ
вАЬNo, sir. I never did.вАЭ
вАЬNever heard, for instance, that a person who had been in the water as long as fifteen minutes might still be brought to?вАЭ
вАЬNo, sir.вАЭ
вАЬSo it never occurred to you after you swam to shore yourself that you might still call for aid and so save her life even then?вАЭ
вАЬNo, sir, it didnвАЩt occur to me. I thought she was dead by then.вАЭ
вАЬI see. But when she was still alive out there in the waterвБ†вАФhow about that? YouвАЩre a pretty good swimmer, arenвАЩt you?вАЭ
вАЬYes, sir, I swim fairly well.вАЭ
вАЬWell enough, for instance, to save yourself by swimming over five hundred feet with your shoes and clothes on. IsnвАЩt that so?вАЭ
вАЬWell, I did swim that distance thenвБ†вАФyes, sir.вАЭ
вАЬYes, you did indeedвБ†вАФand pretty good for a fellow who couldnвАЩt swim thirty-five feet to an overturned boat, IвАЩll say,вАЭ concluded Mason.
Here Jephson waved aside BelknapвАЩs suggestion that he move to have this comment stricken out.
Clyde was now dragged over his various boating and swimming experiences and made to tell how many times he had gone out on lakes in craft as dangerous as canoes and had never had an accident.
вАЬThe first time you took Roberta out on Crum Lake was in a canoe, wasnвАЩt it?вАЭ
вАЬYes, sir.вАЭ
вАЬBut you had no accident then?вАЭ
вАЬNo, sir.вАЭ
вАЬYou cared for her then very much, didnвАЩt you?вАЭ
вАЬYes, sir.вАЭ
вАЬBut the day she was drowned in Big Bittern, in this solid, round-bottomed rowboat, you didnвАЩt care for her any more.вАЭ
вАЬWell, IвАЩve said how I felt then.вАЭ
вАЬAnd of course there couldnвАЩt be any relation between the fact that on Crum Lake you cared for her but on Big BitternвБ†вАФвАЭ
вАЬI said how I felt then.вАЭ
вАЬBut you wanted to get rid of her just the same, didnвАЩt you? The moment she was dead to run away to that other girl. You donвАЩt deny that, do you?вАЭ
вАЬIвАЩve explained why I did that,вАЭ reiterated Clyde.
вАЬExplained! Explained! And you expect any fair-minded, decent, intelligent person to believe that explanation, do you?вАЭ Mason was fairly beside himself with rage and Clyde did not venture to comment as to that. The judge anticipated JephsonвАЩs objection to this and bellowed, вАЬObjection sustained.вАЭ But Mason went right on. вАЬYou couldnвАЩt have been just a little careless, could you, Griffiths, in the handling of the boat and upset it yourself, say?вАЭ He drew near and leered.
вАЬNo, sir, I wasnвАЩt careless. It was an accident that I couldnвАЩt avoid.вАЭ Clyde was quite cool, though pale and tired.
вАЬAn accident. Like that other accident out there in Kansas City, for instance. YouвАЩre rather familiar with accidents of that kind, arenвАЩt you, Griffiths?вАЭ queried Mason sneeringly and slowly.
вАЬIвАЩve explained how that happened,вАЭ replied Clyde nervously.
вАЬYouвАЩre rather familiar with accidents that result in death to girls, arenвАЩt you? Do you always run away when one of them dies?вАЭ
вАЬObject,вАЭ yelled Belknap, leaping to his feet.
вАЬObjection sustained,вАЭ called Oberwaltzer sharply. вАЬThere is nothing before this court concerning any other accident. The prosecution will confine itself more closely to the case in hand.вАЭ
вАЬGriffiths,вАЭ went on Mason, pleased with the way he had made a return to Jephson for his apology for the Kansas City accident, вАЬwhen that boat upset after that accidental blow of yours and you and Miss Alden fell into the waterвБ†вАФhow far apart were you?вАЭ
вАЬWell, I didnвАЩt notice just then.вАЭ
вАЬPretty close, werenвАЩt you? Not much more than a foot or two, surelyвБ†вАФthe way you stood there in the boat?вАЭ
вАЬWell, I didnвАЩt notice. Maybe that, yes, sir.вАЭ
вАЬClose enough to have grabbed her and hung on to her if you had wanted to, werenвАЩt you? ThatвАЩs what you jumped up for, wasnвАЩt it, when she started to fall out?вАЭ
вАЬYes, thatвАЩs what I jumped up for,вАЭ replied Clyde heavily, вАЬbut I wasnвАЩt close enough to grab her. I know I went right under, and when I came up she was some little distance away.вАЭ
вАЬWell, how far exactly? As far as from here to this end of the jury box or that end, or halfway, or what?вАЭ
вАЬWell, I say I didnвАЩt notice, quite. About as far from here to that end, I guess,вАЭ he lied, stretching the distance by at least eight feet.
вАЬNot really!вАЭ exclaimed Mason, pretending to evince astonishment. вАЬThis boat here turns over, you both fall in the water close together, and when you come up you and she are nearly twenty feet apart. DonвАЩt you think your memory is getting a little the best of you there?вАЭ
вАЬWell, thatвАЩs the way it looked to me when I came up.вАЭ
вАЬWell, now, after that boat turned over and you both came up, where were you in relation to it? Here is the boat now and where were you out there in the audience, as to distance, I mean?вАЭ
вАЬWell, as I say, I didnвАЩt exactly notice when I first came up,вАЭ returned Clyde, looking nervously and dubiously at the space before him. Most certainly a trap was being prepared for him. вАЬAbout as far as from here to that railing beyond your table, I guess.вАЭ
вАЬAbout thirty to thirty-five feet then,вАЭ suggested Mason, slyly and hopefully.
вАЬYes, sir. About that maybe. I couldnвАЩt be quite sure.вАЭ
вАЬAnd now with you over there and the boat here, where was Miss Alden at that time?вАЭ
And Clyde now sensed that Mason must have some geometric or mathematic scheme in mind whereby he proposed to establish his guilt. And at once he was on his guard, and looking in the direction of Jephson. At the same time he could not see how he was to put Roberta too far away either. He had said she couldnвАЩt swim. WouldnвАЩt she be nearer the boat than he was? Most certainly. He leaped foolishlyвБ†вАФwildlyвБ†вАФat the thought that it might be best to say that she was about half that distanceвБ†вАФnot more, very likely. And said so. And at once Mason proceeded with:
вАЬWell, then she was not more than fifteen feet or so from you or the boat.вАЭ
вАЬNo, sir, maybe not. I guess not.вАЭ
вАЬWell then, do you mean to say that you couldnвАЩt have swum that little distance and buoyed her up until you could reach the boat just fifteen feet beyond her?вАЭ
вАЬWell, as I say, I was a little dazed when I came up and she was striking about and screaming so.вАЭ
вАЬBut there was that boatвБ†вАФnot more than thirty-five feet away, according to your own storyвБ†вАФand a mighty long way for a boat to move in that time, IвАЩll say. And do you mean to say that when you could swim five hundred feet to shore afterwards that you couldnвАЩt have swum to that boat and pushed it to her in time for her to save herself? She was struggling to keep herself up, wasnвАЩt she?вАЭ
вАЬYes, sir. But I was rattled at first,вАЭ pleaded Clyde, gloomily, conscious of the eyes of all the jurors and all the spectators fixed upon his face, вАЬandвБ†вАКвБ†вА¶ andвБ†вАКвБ†вА¶вАЭ (because of the general strain of the suspicion and incredulity now focused as a great force upon him, his nerve was all but failing him, and he was hesitating and stumbling)вБ†вАКвБ†вА¶ вАЬI didnвАЩt think quite quick enough I guess, what to do. Besides I was afraid if I went near herвБ†вАКвБ†вА¶вАЭ
вАЬI know. A mental and moral coward,вАЭ sneered Mason. вАЬBesides very slow to think when itвАЩs to your advantage to be slow and swift when itвАЩs to your advantage to be swift. Is that it?вАЭ
вАЬNo, sir.вАЭ
вАЬWell, then, if it isnвАЩt, just tell me this, Griffiths, why was it, after you got out of the water a few moments later you had sufficient presence of mind to stop and bury that tripod before starting through the woods, whereas, when it came to rescuing her you got rattled and couldnвАЩt do a thing? How was it that you could get so calm and calculating the moment you set your foot on land? What can you say to that?вАЭ
вАЬWellвБ†вАКвБ†вА¶ aвБ†вАКвБ†вА¶ I told you that afterwards I realized that there was nothing else to do.вАЭ
вАЬYes, we know all about that. But doesnвАЩt it occur to you that it takes a pretty cool head after so much panic in the water to stop at a moment like that and take such a precaution as thatвБ†вАФburying that tripod? How was it that you could think so well of that and not think anything about the boat a few moments before?вАЭ
вАЬWellвБ†вАКвБ†вА¶ butвБ†вАКвБ†вА¶вАЭ
вАЬYou didnвАЩt want her to live, in spite of your alleged change of heart! IsnвАЩt that it?вАЭ yelled Mason. вАЬIsnвАЩt that the black, sad truth? She was drowning, as you wanted her to drown, and you just let her drown! IsnвАЩt that so?вАЭ
He was fairly trembling as he shouted this, and Clyde, the actual boat before him and RobertaвАЩs eyes and cries as she sank coming back to him with all their pathetic and horrible force, now shrank and cowered in his seatвБ†вАФthe closeness of MasonвАЩs interpretation of what had really happened terrifying him. For never, even to Jephson and Belknap, had he admitted that when Roberta was in the water he had not wished to save her. Changelessly and secretively he insisted he had wanted to but that it had all happened so quickly, and he was so dazed and frightened by her cries and movements, that he had not been able to do anything before she was gone.
вАЬIвБ†вАКвБ†вА¶ I wanted to save her,вАЭ he mumbled, his face quite gray, вАЬbutвБ†вАКвБ†вА¶ butвБ†вАКвБ†вА¶ as I said, I was dazedвБ†вАКвБ†вА¶ andвБ†вАКвБ†вА¶ andвБ†вАКвБ†вА¶вАЭ
вАЬDonвАЩt you know that youвАЩre lying!вАЭ shouted Mason, leaning still closer, his stout arms aloft, his disfigured face glowering and scowling like some avenging nemesis or fury of gargoyle designвБ†вАФвАЬthat you deliberately and with cold-hearted cunning allowed that poor, tortured girl to die there when you might have rescued her as easily as you could have swum fifty of those five hundred feet you did swim in order to save yourself?вАЭ For by now he was convinced that he knew just how Clyde had actually slain Roberta, something in his manner and mood convincing him, and he was determined to drag it out of him if he could. And although Belknap was instantly on his feet with a protest that his client was being unfairly prejudiced in the eyes of the jury and that he was really entitled toвБ†вАФand now demandedвБ†вАФa mistrialвБ†вАФwhich complaint Justice Oberwaltzer eventually overruledвБ†вАФstill Clyde had time to reply, but most meekly and feebly: вАЬNo! No! I didnвАЩt. I wanted to save her if I could.вАЭ Yet his whole manner, as each and every juror noted, was that of one who was not really telling the truth, who was really all of the mental and moral coward that Belknap had insisted he wasвБ†вАФbut worse yet, really guilty of RobertaвАЩs death. For after all, asked each juror of himself as he listened, why couldnвАЩt he have saved her if he was strong enough to swim to shore afterwardsвБ†вАФor at least have swum to and secured the boat and helped her to take hold of it?
вАЬShe only weighed a hundred pounds, didnвАЩt she?вАЭ went on Mason feverishly.
вАЬYes, I think so.вАЭ
вАЬAnd youвБ†вАФwhat did you weigh at the time?вАЭ
вАЬAbout a hundred and forty,вАЭ replied Clyde.
вАЬAnd a hundred and forty pound man,вАЭ sneered Mason, turning to the jury, вАЬis afraid to go near a weak, sick, hundred-pound little girl who is drowning, for fear she will cling to him and drag him under! And a perfectly good boat, strong enough to hold three or four up, within fifteen or twenty feet! HowвАЩs that?вАЭ
And to emphasize it and let it sink in, he now paused, and took from his pocket a large white handkerchief, and after wiping his neck and face and wristsвБ†вАФsince they were quite damp from his emotional and physical effortsвБ†вАФturned to Burton Burleigh and called: вАЬYou might as well have this boat taken out of here, Burton. WeвАЩre not going to need it for a little while anyhow.вАЭ And forthwith the four deputies carried it out.
And then, having recovered his poise, he once more turned to Clyde and began with: вАЬGriffiths, you knew the color and feel of Roberta AldenвАЩs hair pretty well, didnвАЩt you? You were intimate enough with her, werenвАЩt you?вАЭ
вАЬI know the color of it or I think I do,вАЭ replied Clyde wincingвБ†вАФan anguished chill at the thought of it affecting him almost observably.
вАЬAnd the feel of it, too, didnвАЩt you?вАЭ persisted Mason. вАЬIn those very loving days of yours before Miss X came alongвБ†вАФyou must have touched it often enough.вАЭ
вАЬI donвАЩt know whether I did or not,вАЭ replied Clyde, catching a glance from Jephson.
вАЬWell, roughly. You must know whether it was coarse or fineвБ†вАФsilky or coarse. You know that, donвАЩt you?вАЭ
вАЬIt was silky, yes.вАЭ
вАЬWell, hereвАЩs a lock of it,вАЭ he now added more to torture Clyde than anything elseвБ†вАФto wear him down nervouslyвБ†вАФand going to his table where was an envelope and from it extracting a long lock of light brown hair. вАЬDonвАЩt that look like her hair?вАЭ And now he shoved it forward at Clyde who shocked and troubled withdrew from it as from some unclean or dangerous thingвБ†вАФyet a moment after sought to recover himselfвБ†вАФthe watchful eyes of the jury having noted all. вАЬOh, donвАЩt be afraid,вАЭ persisted Mason, sardonically. вАЬItвАЩs only your dead loveвАЩs hair.вАЭ
And shocked by the commentвБ†вАФand noting the curious eyes of the jury, Clyde took it in his hand. вАЬThat looks and feels like her hair, doesnвАЩt it?вАЭ went on Mason.
вАЬWell, it looks like it anyhow,вАЭ returned Clyde shakily.
вАЬAnd now here,вАЭ continued Mason, stepping quickly to the table and returning with the camera in which between the lid and the taking mechanism were caught the two threads of RobertaвАЩs hair put there by Burleigh, and then holding it out to him. вАЬJust take this camera. ItвАЩs yours even though you did swear that it wasnвАЩtвБ†вАФand look at those two hairs there. See them?вАЭ And he poked the camera at Clyde as though he might strike him with it. вАЬThey were caught in thereвБ†вАФpresumablyвБ†вАФat the time you struck her so lightly that it made all those wounds on her face. CanвАЩt you tell the jury whether those hairs are hers or not?вАЭ
вАЬI canвАЩt say,вАЭ replied Clyde most weakly.
вАЬWhatвАЩs that? Speak up. DonвАЩt be so much of a moral and mental coward. Are they or are they not?вАЭ
вАЬI canвАЩt say,вАЭ repeated ClydeвБ†вАФbut not even looking at them.
вАЬLook at them. Look at them. Compare them with these others. We know these are hers. And you know that these in this camera are, donвАЩt you? DonвАЩt be so squeamish. YouвАЩve often touched her hair in real life. SheвАЩs dead. They wonвАЩt bite you. Are these two hairsвБ†вАФor are they notвБ†вАФthe same as these other hairs hereвБ†вАФwhich we know are hersвБ†вАФthe same colorвБ†вАФsame feelвБ†вАФall? Look! Answer! Are they or are they not?вАЭ
But Clyde, under such pressure and in spite of Belknap, being compelled to look and then feel them too. Yet cautiously replying, вАЬI wouldnвАЩt be able to say. They look and feel a little alike, but I canвАЩt tell.вАЭ
вАЬOh, canвАЩt you? And even when you know that when you struck her that brutal vicious blow with that cameraвБ†вАФthese two hairs caught there and held.вАЭ
вАЬBut I didnвАЩt strike her any vicious blow,вАЭ insisted Clyde, now observing JephsonвБ†вАФвАЬand I canвАЩt say.вАЭ He was saying to himself that he would not allow himself to be bullied in this way by this manвБ†вАФyet, at the same time, feeling very weak and sick. And Mason, triumphant because of the psychologic effect, if nothing more, returning the camera and lock to the table and remarking, вАЬWell, itвАЩs been amply testified to that those two hairs were in that camera when found in the water. And you yourself swear that it was last in your hands before it reached the water.вАЭ
He turned to think of something elseвБ†вАФsome new point with which to rack Clyde and now began once more:
вАЬGriffiths, in regard to that trip south through the woods, what time was it when you got to Three Mile Bay?вАЭ
вАЬAbout four in the morning, I thinkвБ†вАФjust before dawn.вАЭ
вАЬAnd what did you do between then and the time that boat down there left?вАЭ
вАЬOh, I walked around.вАЭ
вАЬIn Three Mile Bay?вАЭ
вАЬNo, sirвБ†вАФjust outside of it.вАЭ
вАЬIn the woods, I suppose, waiting for the town to wake up so you wouldnвАЩt look so much out of place. Was that it?вАЭ
вАЬWell, I waited until after the sun came up. Besides I was tired and I sat down and rested for a while.вАЭ
вАЬDid you sleep well and did you have pleasant dreams?вАЭ
вАЬI was tired and I slept a littleвБ†вАФyes.вАЭ
вАЬAnd how was it you knew so much about the boat and the time and all about Three Mile Bay? HadnвАЩt you familiarized yourself with this data beforehand?вАЭ
вАЬWell, everybody knows about the boat from Sharon to Three Mile Bay around there.вАЭ
вАЬOh, do they? Any other reason?вАЭ
вАЬWell, in looking for a place to get married, both of us saw it,вАЭ returned Clyde, shrewdly, вАЬbut we didnвАЩt see that any train went to it. Only to Sharon.вАЭ
вАЬBut you did notice that it was south of Big Bittern?вАЭ
вАЬWhy, yesвБ†вАФI guess I did,вАЭ replied Clyde.
вАЬAnd that that road west of Gun Lodge led south toward it around the lower edge of Big Bittern?вАЭ
вАЬWell, I noticed after I got up there that there was a road of some kind or a trail anyhowвБ†вАФbut I didnвАЩt think of it as a regular road.вАЭ
вАЬI see. How was it then that when you met those three men in the woods you were able to ask them how far it was to Three Mile Bay?вАЭ
вАЬI didnвАЩt ask вАЩem that,вАЭ replied Clyde, as he had been instructed by Jephson to say. вАЬI asked вАЩem if they knew any road to Three Mile Bay, and how far it was. I didnвАЩt know whether that was the road or not.вАЭ
вАЬWell, that wasnвАЩt how they testified here.вАЭ
вАЬWell, I donвАЩt care what they testified to, thatвАЩs what I asked вАЩem just the same.вАЭ
вАЬIt seems to me that according to you all the witnesses are liars and you are the only truthful one in the bunchвБ†вАКвБ†вА¶ IsnвАЩt that it? But, when you reached Three Mile Bay, did you stop to eat? You must have been hungry, werenвАЩt you?вАЭ
вАЬNo, I wasnвАЩt hungry,вАЭ replied Clyde, simply.
вАЬYou wanted to get away from that place as quickly as possible, wasnвАЩt that it? You were afraid that those three men might go up to Big Bittern and having heard about Miss Alden, tell about having seen youвБ†вАФwasnвАЩt that it?вАЭ
вАЬNo, that wasnвАЩt it. But I didnвАЩt want to stay around there. IвАЩve said why.вАЭ
вАЬI see. But after you got down to Sharon where you felt a little more safeвБ†вАФa little further away, you didnвАЩt lose any time in eating, did you? It tasted pretty good all right down there, didnвАЩt it?вАЭ
вАЬOh, I donвАЩt know about that. I had a cup of coffee and a sandwich.вАЭ
вАЬAnd a piece of pie, too, as weвАЩve already proved here,вАЭ added Mason. вАЬAnd after that you joined the crowd coming up from the depot as though you had just come up from Albany, as you afterwards told everybody. WasnвАЩt that it?вАЭ
вАЬYes, that was it.вАЭ
вАЬWell, now for a really innocent man who only so recently experienced a kindly change of heart, donвАЩt you think you were taking an awful lot of precaution? Hiding away like that and waiting in the dark and pretending that you had just come up from Albany.вАЭ
вАЬIвАЩve explained all that,вАЭ persisted Clyde.
MasonвАЩs next tack was to hold Clyde up to shame for having been willing, in the face of all she had done for him, to register Roberta in three different hotel registers as the unhallowed consort of presumably three different men in three different days.
вАЬWhy didnвАЩt you take separate rooms?вАЭ
вАЬWell, she didnвАЩt want it that way. She wanted to be with me. Besides I didnвАЩt have any too much money.вАЭ
вАЬEven so, how could you have so little respect for her there, and then be so deeply concerned about her reputation after she was dead that you had to run away and keep the secret of her death all to yourself, in order, as you say, to protect her name and reputation?вАЭ
вАЬYour Honor,вАЭ interjected Belknap, вАЬthis isnвАЩt a question. ItвАЩs an oration.вАЭ
вАЬI withdraw the question,вАЭ countered Mason, and then went on. вАЬDo you admit, by the way, that you are a mental and moral coward, GriffithsвБ†вАФdo you?вАЭ
вАЬNo, sir. I donвАЩt.вАЭ
вАЬYou do not?вАЭ
вАЬNo, sir.вАЭ
вАЬThen when you lie, and swear to it, you are just the same as any other person who is not a mental and moral coward, and deserving of all the contempt and punishment due a person who is a perjurer and a false witness. Is that correct?вАЭ
вАЬYes, sir. I suppose so.вАЭ
вАЬWell, if you are not a mental and moral coward, how can you justify your leaving that girl in that lakeвБ†вАФafter as you say you accidentally struck her and when you knew how her parents would soon be suffering because of her lossвБ†вАФand not say one word to anybodyвБ†вАФjust walk offвБ†вАФand hide the tripod and your suit and sneak away like an ordinary murderer? WouldnвАЩt you think that that was the conduct of a man who had plotted and executed murder and was trying to get away with itвБ†вАФif you had heard of it about someone else? Or would you think it was just the sly, crooked trick of a man who was only a mental and moral coward and who was trying to get away from the blame for the accidental death of a girl whom he had seduced and news of which might interfere with his prosperity? Which?вАЭ
вАЬWell, I didnвАЩt kill her, just the same,вАЭ insisted Clyde.
вАЬAnswer the question!вАЭ thundered Mason.
вАЬI ask the court to instruct the witness that he need not answer such a question,вАЭ put in Jephson, rising and fixing first Clyde and then Oberwaltzer with his eye. вАЬIt is purely an argumentative one and has no real bearing on the facts in this case.вАЭ
вАЬI so instruct,вАЭ replied Oberwaltzer. вАЬThe witness need not answer.вАЭ Whereupon Clyde merely stared, greatly heartened by this unexpected aid.
вАЬWell, to go on,вАЭ proceeded Mason, now more nettled and annoyed than ever by this watchful effort on the part of Belknap and Jephson to break the force and significance of his each and every attack, and all the more determined not to be outdoneвБ†вАФвАЬyou say you didnвАЩt intend to marry her if you could help it, before you went up there?вАЭ
вАЬYes, sir.вАЭ
вАЬThat she wanted you to but you hadnвАЩt made up your mind?вАЭ
вАЬYes.вАЭ
вАЬWell, do you recall the cookbook and the salt and pepper shakers and the spoons and knives and so on that she put in her bag?вАЭ
вАЬYes, sir. I do.вАЭ
вАЬWhat do you suppose she had in mind when she left BiltzвБ†вАФwith those things in her trunkвБ†вАФthat she was going out to live in some hall bedroom somewhere, unmarried, while you came to see her once a week or once a month?вАЭ
Before Belknap could object, Clyde shot back the proper answer.
вАЬI canвАЩt say what she had in her mind about that.вАЭ
вАЬYou couldnвАЩt possibly have told her over the telephone there at Biltz, for instanceвБ†вАФafter she wrote you that if you didnвАЩt come for her she was coming to LycurgusвБ†вАФthat you would marry her?вАЭ
вАЬNo, sirвБ†вАФI didnвАЩt.вАЭ
вАЬYou werenвАЩt mental and moral coward enough to be bullied into anything like that, were you?вАЭ
вАЬI never said I was a mental and moral coward.вАЭ
вАЬBut you werenвАЩt to be bullied by a girl you had seduced?вАЭ
вАЬWell, I couldnвАЩt feel then that I ought to marry her.вАЭ
вАЬYou didnвАЩt think sheвАЩd make as good a match as Miss X?вАЭ
вАЬI didnвАЩt think I ought to marry her if I didnвАЩt love her any more.вАЭ
вАЬNot even to save her honorвБ†вАФand your own decency?вАЭ
вАЬWell, I didnвАЩt think we could be happy together then.вАЭ
вАЬThat was before your great change of heart, I suppose.вАЭ
вАЬIt was before we went to Utica, yes.вАЭ
вАЬAnd while you were still so enraptured with Miss X?вАЭ
вАЬI was in love with Miss XвБ†вАФyes.вАЭ
вАЬDo you recall, in one of those letters to you that you never answeredвАЭ (and here Mason proceeded to take up and read from one of the first seven letters), вАЬher writing this to you; вАШI feel upset and uncertain about everything although I try not to feel soвБ†вАФnow that we have our plan and you are going to come for me as you said.вАЩ Now just what was she referring to there when she wroteвБ†вАФвАШnow that we have our planвАЩ?вАЭ
вАЬI donвАЩt know unless it was that I was coming to get her and take her away somewhere temporarily.вАЭ
вАЬNot to marry her, of course.вАЭ
вАЬNo, I hadnвАЩt said so.вАЭ
вАЬBut right after that in this same letter she says: вАШOn the way up, instead of coming straight home, I decided to stop at Homer to see my sister and brother-in-law, since I am not sure now when IвАЩll see them again, and I want so much that they shall see me respectable or never at all any more.вАЩ Now just what do you suppose, she meant by that word вАШrespectableвАЩ? Living somewhere in secret and unmarried and having a child while you sent her a little money, and then coming back maybe and posing as single and innocent or married and her husband deadвБ†вАФor what? DonвАЩt you suppose she saw herself married to you, for a time at least, and the child given a name? That вАШplanвАЩ she mentions couldnвАЩt have contemplated anything less than that, could it?вАЭ
вАЬWell, maybe as she saw it it couldnвАЩt,вАЭ evaded Clyde. вАЬBut I never said I would marry her.вАЭ
вАЬWell, wellвБ†вАФweвАЩll let that rest a minute,вАЭ went on Mason doggedly. вАЬBut now take this,вАЭ and here he began reading from the tenth letter: вАЬвАКвАШIt wonвАЩt make any difference to you about your coming a few days sooner than you intended, will it, dear? Even if we have got to get along on a little less, I know we can, for the time I will be with you anyhow, probably no more than six or eight months at the most. I agreed to let you go by then, you know, if you want to. I can be very saving and economical. It canвАЩt be any other way now, Clyde, although for your own sake I wish it could.вАЩ What do you suppose all that meansвБ†вАФвАШsaving and economicalвАЩвБ†вАФand not letting you go until after eight months? Living in a hall bedroom and you coming to see her once a week? Or hadnвАЩt you really agreed to go away with her and marry her, as she seems to think here?вАЭ
вАЬI donвАЩt know unless she thought she could make me, maybe,вАЭ replied Clyde, the while various backwoodsmen and farmers and jurors actually sniffed and sneered, so infuriated were they by the phrase вАЬmake meвАЭ which Clyde had scarcely noticed. вАЬI never agreed to.вАЭ
вАЬUnless she could make you. So that was the way you felt about it, was it, Griffiths?вАЭ
вАЬYes, sir.вАЭ
вАЬYouвАЩd swear to that as quick as you would to anything else?вАЭ
вАЬWell, I have sworn to it.вАЭ
And Mason as well as Belknap and Jephson and Clyde himself now felt the strong public contempt and rage that the majority of those present had for him from the startвБ†вАФnow surging and shaking all. It filled the room. Yet before him were all the hours Mason needed in which he could pick and choose at random from the mass of testimony as to just what he would quiz and bedevil and torture Clyde with next. And so now, looking over his notesвБ†вАФarranged fan-wise on the table by Earl Newcomb for his convenienceвБ†вАФhe now began once more with:
вАЬGriffiths, in your testimony here yesterday, through which you were being led by your counsel, Mr.¬†JephsonвАЭ (at this Jephson bowed sardonically), вАЬyou talked about that change of heart that you experienced after you encountered Roberta Alden once more at Fonda and Utica back there in JulyвБ†вАФjust as you were starting on this death trip.вАЭ
ClydeвАЩs вАЬyes, sir,вАЭ came before Belknap could object, but the latter managed to have вАЬdeath tripвАЭ changed to вАЬtrip.вАЭ
вАЬBefore going up there with her you hadnвАЩt been liking her as much as you might have. WasnвАЩt that the way of it?вАЭ
вАЬNot as much as I had at one timeвБ†вАФno, sir.вАЭ
вАЬAnd just how longвБ†вАФfrom when to whenвБ†вАФwas the time in which you really did like her, before you began to dislike her, I mean?вАЭ
вАЬWell, from the time I first met her until I met Miss X.вАЭ
вАЬBut not afterwards?вАЭ
вАЬOh, I canвАЩt say not entirely afterwards. I cared for her someвБ†вАФa good deal, I guessвБ†вАФbut still not as much as I had. I felt more sorry for her than anything else, I suppose.вАЭ
вАЬAnd now, letвАЩs seeвБ†вАФthat was between December first last say, and last April or MayвБ†вАФor wasnвАЩt it?вАЭ
вАЬAbout that time, I thinkвБ†вАФyes, sir.вАЭ
вАЬWell, during that timeвБ†вАФDecember first to April or May first you were intimate with her, werenвАЩt you?вАЭ
вАЬYes, sir.вАЭ
вАЬEven though you werenвАЩt caring for her so much.вАЭ
вАЬWhyвБ†вАФyes, sir,вАЭ replied Clyde, hesitating slightly, while the rurals jerked and craned at this introduction of the sex crime.
вАЬAnd yet at nights, and in spite of the fact that she was alone over there in her little roomвБ†вАФas faithful to you, as you yourself have testified, as anyone could beвБ†вАФyou went off to dances, parties, dinners, and automobile rides, while she sat there.вАЭ
вАЬOh, but I wasnвАЩt off all the time.вАЭ
вАЬOh, werenвАЩt you? But you heard the testimony of Tracy and Jill Trumbull, and Frederick Sells, and Frank Harriet, and Burchard Taylor, on this particular point, didnвАЩt you?вАЭ
вАЬYes, sir.вАЭ
вАЬWell, were they all liars, or were they telling the truth?вАЭ
вАЬWell, they were telling the truth as near as they could remember, I suppose.вАЭ
вАЬBut they couldnвАЩt remember very wellвБ†вАФis that it?вАЭ
вАЬWell, I wasnвАЩt off all the time. Maybe I was gone two or three times a weekвБ†вАФmaybe four sometimesвБ†вАФnot more.вАЭ
вАЬAnd the rest you gave to Miss Alden?вАЭ
вАЬYes, sir.вАЭ
вАЬIs that what she meant in this letter here?вАЭ And here he took up another letter from the pile of RobertaвАЩs letters, and opening it and holding it before him, read: вАЬвАКвАШNight after night, almost every night after that dreadful Christmas day when you left me, I was alone nearly always.вАЩ Is she lying, or isnвАЩt she?вАЭ snapped Mason fiercely, and Clyde, sensing the danger of accusing Roberta of lying here, weakly and shamefacedly replied: вАЬNo, she isnвАЩt lying. But I did spend some evenings with her just the same.вАЭ
вАЬAnd yet you heard Mrs.¬†Gilpin and her husband testify here that night after night from December first on Miss Alden was mostly always alone in her room and that they felt sorry for her and thought it so unnatural and tried to get her to join them, but she wouldnвАЩt. You heard them testify to that, didnвАЩt you?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd yet you insist that you were with her some?вАЭ
вАЬYes, sir.вАЭ
вАЬYet at the same time loving and seeking the company of Miss X?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd trying to get her to marry you?вАЭ
вАЬI wanted her toвБ†вАФyes, sir.вАЭ
вАЬYet continuing relations with Miss Alden when your other interests left you any time.вАЭ
вАЬWellвБ†вАКвБ†вА¶ yes, sir,вАЭ once more hesitated Clyde, enormously troubled by the shabby picture of his character which these disclosures seemed to conjure, yet somehow feeling that he was not as bad, or at least had not intended to be, as all this made him appear. Other people did things like that too, didnвАЩt theyвБ†вАФthose young men in Lycurgus societyвБ†вАФor they had talked as though they did.
вАЬWell, donвАЩt you think your learned counsel found a very mild term for you when they described you as a mental and moral coward?вАЭ sneered MasonвБ†вАФand at the same time from the rear of the long narrow courtroom, a profound silence seeming to precede, accompany and follow itвБ†вАФyet not without an immediate roar of protest from Belknap, came the solemn, vengeful voice of an irate woodsman: вАЬWhy donвАЩt they kill the Goddamned bastard and be done with him?вАЭвБ†вАФAnd at once Oberwaltzer gaveling for order and ordering the arrest of the offender at the same time that he ordered all those not seated driven from the courtroomвБ†вАФwhich was done. And then the offender arrested and ordered arraigned on the following morning. And after that, silence, with Mason once more resuming:
вАЬGriffiths, you say when you left Lycurgus you had no intention of marrying Roberta Alden unless you could not arrange in any other way.вАЭ
вАЬYes, sir. That was my intention at that time.вАЭ
вАЬAnd accordingly you were fairly certain of coming back?вАЭ
вАЬYes, sirвБ†вАФI thought I was.вАЭ
вАЬThen why did you pack everything in your room in your trunk and lock it?вАЭ
вАЬWellвБ†вАКвБ†вА¶ wellвБ†вАКвБ†вА¶ that is,вАЭ hesitated Clyde, the charge coming so quickly and so entirely apart from what had just been spoken of before that he had scarcely time to collect his witsвБ†вАФвАЬwell, you seeвБ†вАФI wasnвАЩt absolutely sure. I didnвАЩt know but what I might have to go whether I wanted to or not.вАЭ
вАЬI see. And so if you had decided up there unexpectedly as you didвБ†вАФвАЭ (and here Mason smirked on him as much as to sayвБ†вАФyou think anyone believes that?) вАЬyou wouldnвАЩt have had time to come back and decently pack your things and depart?вАЭ
вАЬWell, no, sirвБ†вАФthat wasnвАЩt the reason either.вАЭ
вАЬWell then, what was the reason?вАЭ
вАЬWell, you see,вАЭ and here for lack of previous thought on this subject as well as lack of wit to grasp the essentiality of a suitable and plausible answer quickly, Clyde hesitatedвБ†вАФas everyoneвБ†вАФfirst and foremost Belknap and JephsonвБ†вАФnotedвБ†вАФand then went on: вАЬWell, you seeвБ†вАФif I had to go away, even for a short time as I thought I might, I decided that I might need whatever I had in a hurry.вАЭ
вАЬI see. YouвАЩre quite sure it wasnвАЩt that in case the police discovered who Clifford Golden or Carl Graham were, that you might wish to leave quickly?вАЭ
вАЬNo, sir. It wasnвАЩt.вАЭ
вАЬAnd so you didnвАЩt tell Mrs.¬†Peyton you were giving up the room either, did you?вАЭ
вАЬNo, sir.вАЭ
вАЬIn your testimony the other day you said something about not having money enough to go up there and take Miss Alden away on any temporary marriage schemeвБ†вАФeven one that would last so long as six months.вАЭ
вАЬYes, sir.вАЭ
вАЬWhen you left Lycurgus to start on the trip, how much did you have?вАЭ
вАЬAbout fifty dollars.вАЭ
вАЬвАКвАШAboutвАЩ fifty? DonвАЩt you know exactly how much you had?вАЭ
вАЬI had fifty dollarsвБ†вАФyes, sir.вАЭ
вАЬAnd while you were in Utica and Grass Lake and getting down to Sharon afterwards, how much did you spend?вАЭ
вАЬI spent about twenty dollars on the trip, I think.вАЭ
вАЬDonвАЩt you know?вАЭ
вАЬNot exactlyвБ†вАФno, sirвБ†вАФsomewhere around twenty dollars, though.вАЭ
вАЬWell, now letвАЩs see about that exactly if we can,вАЭ went on Mason, and here, once more, Clyde began to sense a trap and grew nervousвБ†вАФfor there was all that money given him by Sondra and some of which he had spent, too. вАЬHow much was your fare from Fonda to Utica for yourself?вАЭ
вАЬA dollar and a quarter.вАЭ
вАЬAnd what did you have to pay for your room at the hotel at Utica for you and Roberta?вАЭ
вАЬThat was four dollars.вАЭ
вАЬAnd of course you had dinner that night and breakfast the next morning, which cost you how much?вАЭ
вАЬIt was about three dollars for both meals.вАЭ
вАЬWas that all you spent in Utica?вАЭ Mason was taking a side glance occasionally at a slip of paper on which he had figures and notes, but which Clyde had not noticed.
вАЬYes, sir.вАЭ
вАЬHow about the straw hat that it has been proved you purchased while there?вАЭ
вАЬOh, yes, sir, I forgot about that,вАЭ said Clyde, nervously. вАЬThat was two dollarsвБ†вАФyes, sir.вАЭ He realized that he must be more careful.
вАЬAnd your fares to Grass Lake were, of course, five dollars. Is that right?вАЭ
вАЬYes, sir.вАЭ
вАЬThen you hired a boat at Grass Lake. How much was that?вАЭ
вАЬThat was thirty-five cents an hour.вАЭ
вАЬAnd you had it how long?вАЭ
вАЬThree hours.вАЭ
вАЬMaking one dollar and five cents.вАЭ
вАЬYes, sir.вАЭ
вАЬAnd then that night at the hotel, they charged you how much? Five dollars, wasnвАЩt it?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd then didnвАЩt you buy that lunch that you carried out in that lake with you up there?вАЭ
вАЬYes, sir. I think that was about sixty cents.вАЭ
вАЬAnd how much did it cost you to get to Big Bittern?вАЭ
вАЬIt was a dollar on the train to Gun Lodge and a dollar on the bus for the two of us to Big Bittern.вАЭ
вАЬYou know these figures pretty well, I see. Naturally, you would. You didnвАЩt have much money and it was important. And how much was your fare from Three Mile Bay to Sharon afterwards?вАЭ
вАЬMy fare was seventy-five cents.вАЭ
вАЬDid you ever stop to figure this all up exactly?вАЭ
вАЬNo, sir.вАЭ
вАЬWell, will you?вАЭ
вАЬWell, you know how much it is, donвАЩt you?вАЭ
вАЬYes, sir, I do. It was twenty-four dollars and sixty-five cents. You said you spent twenty dollars. But here is a discrepancy of four dollars and sixty-five cents. How do you account for it?вАЭ
вАЬWell, I suppose I didnвАЩt figure just exactly right,вАЭ said Clyde, irritated by the accuracy of figures such as these.
But now Mason slyly and softly inquiring: вАЬOh, yes, Griffiths, I forgot, how much was the boat you hired at Big Bittern?вАЭ He was eager to hear what Clyde would have to say as to this, seeing that he had worked hard and long on this pitfall.
вАЬOhвБ†вАФahвБ†вАФahвБ†вАФthat is,вАЭ began Clyde, hesitatingly, for at Big Bittern, as he now recalled, he had not even troubled to inquire the cost of the boat, feeling as he did at the time that neither he nor Roberta were coming back. But now here and in this way it was coming up for the first time. And Mason, realizing that he had caught him here, quickly interpolated a вАЬYes?вАЭ to which Clyde replied, but merely guessing at that: вАЬWhy, thirty-five cents an hourвБ†вАФjust the same as at Grass LakeвБ†вАФso the boatman said.вАЭ
But he had spoken too quickly. And he did not know that in reserve was the boatman who was still to testify that he had not stopped to ask the price of the boat. And Mason continued:
вАЬOh, it was, was it? The boatman told you that, did he?вАЭ
вАЬYes, sir.вАЭ
вАЬWell now, donвАЩt you recall that you never asked the boatman at all? It was not thirty-five cents an hour, but fifty cents. But of course you do not know that because you were in such a hurry to get out on the water and you did not expect to have to come back and pay for it anyway. So you never even asked, you see. Do you see? Do you recall that now?вАЭ And here Mason produced a bill that he had gotten from the boatman and waved it in front of Clyde. вАЬIt was fifty cents an hour,вАЭ he repeated. вАЬThey charge more than at Grass Lake. But what I want to know is, if you are so familiar with these other figures, as you have just shown that you are, how comes it that you are not familiar with this figure? DidnвАЩt you think of the expense of taking her out in a boat and keeping the boat from noon until night?вАЭ The attack came so swiftly and bitterly that at once Clyde was confused. He twisted and turned, swallowed and looked nervously at the floor, ashamed to look at Jephson who had somehow failed to coach him as to this.
вАЬWell,вАЭ bawled Mason, вАЬany explanation to make as to that? DoesnвАЩt it strike even you as strange that you can remember every other item of all your expendituresвБ†вАФbut not that item?вАЭ And now each juror was once more tense and leaning forward. And Clyde noting their interest and curiosity, and most likely suspicion, now returned:
вАЬWell, I donвАЩt know just how I came to forget that.вАЭ
вАЬOh, no, of course you donвАЩt,вАЭ snorted Mason. вАЬA man who is planning to kill a girl on a lone lake has a lot of things to think of, and it isnвАЩt any wonder if you forget a few of them. But you didnвАЩt forget to ask the purser the fare to Sharon, once you got to Three Mile Bay, did you?вАЭ
вАЬI donвАЩt remember if I did or not.вАЭ
вАЬWell, he remembers. He testified to it here. You bothered to ask the price of the room at Grass Lake. You asked the price of the boat there. You even asked the price of the bus fare to Big Bittern. What a pity you couldnвАЩt think to ask the price of the boat at Big Bittern? You wouldnвАЩt be so nervous about it now, would you?вАЭ and here Mason looked at the jurors as much as to say: You see!
вАЬI just didnвАЩt think of it, I guess,вАЭ repeated Clyde.
вАЬA very satisfactory explanation, IвАЩm sure,вАЭ went on Mason, sarcastically. And then as swiftly as possible: вАЬI donвАЩt suppose you happen to recall an item of thirteen dollars and twenty cents paid for a lunch at the Casino on July ninthвБ†вАФthe day after Roberta AldenвАЩs deathвБ†вАФdo you or do you not?вАЭ Mason was dramatic, persistent, swiftвБ†вАФscarcely giving him time to think or breathe, as he saw it.
At this Clyde almost jumped, so startled was he by this question and charge, for he did not know that they had found out about the lunch. вАЬAnd do you remember, too,вАЭ went on Mason, вАЬthat over eighty dollars was found on you when you were arrested?вАЭ
вАЬYes, I remember it now,вАЭ he replied.
As for the eighty dollars he had forgotten. Yet now he said nothing, for he could not think what to say.
вАЬHow about that?вАЭ went on Mason, doggedly and savagely. вАЬIf you only had fifty dollars when you left Lycurgus and over eighty dollars when you were arrested, and you spent twenty-four dollars and sixty-five cents plus thirteen for a lunch, where did you get that extra money from?вАЭ
вАЬWell, I canвАЩt answer that just now,вАЭ replied Clyde, sullenly, for he felt cornered and hurt. That was SondraвАЩs money and nothing would drag out of him where he had gotten it.
вАЬWhy canвАЩt you answer it?вАЭ roared Mason. вАЬWhere do you think you are, anyhow? And what do you think we are here for? To say what you will or will not answer? You are on trial for your lifeвБ†вАФdonвАЩt forget that! You canвАЩt play fast and loose with law, however much you may have lied to me. You are here before these twelve men and they are waiting to know. Now, what about it? Where did you get that money?вАЭ
вАЬI borrowed it from a friend.вАЭ
вАЬWell, give his name. What friend?вАЭ
вАЬI donвАЩt care to.вАЭ
вАЬOh, you donвАЩt! Well, youвАЩre lying about the amount of money you had when you left LycurgusвБ†вАФthatвАЩs plain. And under oath, too. DonвАЩt forget that! That sacred oath that you respect so much. IsnвАЩt that true?вАЭ
вАЬNo, it isnвАЩt,вАЭ finally observed Clyde, stung to reason by this charge. вАЬI borrowed that money after I got to Twelfth Lake.вАЭ
вАЬAnd from whom?вАЭ
вАЬWell, I canвАЩt say.вАЭ
вАЬWhich makes the statement worthless,вАЭ retorted Mason.
Clyde was beginning to show a disposition to balk. He had been sinking his voice and each time Mason commanded him to speak up and turn around so the jury could see his face, he had done so, only feeling more and more resentful toward this man who was thus trying to drag out of him every secret he possessed. He had touched on Sondra, and she was still too near his heart to reveal anything that would reflect on her. So now he sat staring down at the jurors somewhat defiantly, when Mason picked up some pictures.
вАЬRemember these?вАЭ he now asked Clyde, showing him some of the dim and water-marked reproductions of Roberta besides some views of Clyde and some othersвБ†вАФnone of them containing the face of SondraвБ†вАФwhich were made at the CranstonsвАЩ on his first visit, as well as four others made at Bear Lake later, and with one of them showing him holding a banjo, his fingers in position. вАЬRecall where these were made?вАЭ asked Mason, showing him the reproduction of Roberta first.
вАЬYes, I do.вАЭ
вАЬWhere was it?вАЭ
вАЬOn the south shore of Big Bittern the day we were there.вАЭ He knew that they were in the camera and had told Belknap and Jephson about them, yet now he was not a little surprised to think that they had been able to develop them.
вАЬGriffiths,вАЭ went on Mason, вАЬyour lawyers didnвАЩt tell you that they fished and fished for that camera you swore you didnвАЩt have with you before they found that I had it, did they?вАЭ
вАЬThey never said anything to me about it,вАЭ replied Clyde.
вАЬWell, thatвАЩs too bad. I could have saved them a lot of trouble. Well, these were the photos that were found in that camera and that were made just after that change of heart you experienced, you remember?вАЭ
вАЬI remember when they were made,вАЭ replied Clyde, sullenly.
вАЬWell, they were made before you two went out in that boat for the last timeвБ†вАФbefore you finally told her whatever it was you wanted to tell herвБ†вАФbefore she was murdered out thereвБ†вАФat a time when, as you have testified, she was very sad.вАЭ
вАЬNo, that was the day before,вАЭ defied Clyde.
вАЬOh, I see. Well, anyhow, these pictures look a little cheerful for one who was as depressed as you say she was.вАЭ
вАЬWellвБ†вАФbutвБ†вАФshe wasnвАЩt nearly as depressed then as she was the day before,вАЭ flashed Clyde, for this was the truth and he remembered it.
вАЬI see. But just the same, look at these other pictures. These three here, for instance. Where were they made?вАЭ
вАЬAt the Cranston Lodge on Twelfth Lake, I think.вАЭ
вАЬRight. And that was June eighteenth or nineteenth, wasnвАЩt it?вАЭ
вАЬOn the nineteenth, I think.вАЭ
вАЬWell, now, do you recall a letter Roberta wrote you on the nineteenth?вАЭ
вАЬNo, sir.вАЭ
вАЬYou donвАЩt recall any particular one?вАЭ
вАЬNo, sir.вАЭ
вАЬBut they were all very sad, you have said.вАЭ
вАЬYes, sirвБ†вАФthey were.вАЭ
вАЬWell, this is that letter written at the time these pictures were made.вАЭ He turned to the jury.
вАЬI would like the jury to look at these pictures and then listen to just one passage from this letter written by Miss Alden to this defendant on the same day. He has admitted that he was refusing to write or telephone her, although he was sorry for her,вАЭ he said, turning to the jury. And here he opened a letter and read a long sad plea from Roberta. вАЬAnd now here are four more pictures, Griffiths.вАЭ And he handed Clyde the four made at Bear Lake. вАЬVery cheerful, donвАЩt you think? Not much like pictures of a man who has just experienced a great change of heart after a most terrific period of doubt and worry and evil conductвБ†вАФand has just seen the woman whom he had most cruelly wronged, but whom he now proposed to do right by, suddenly drowned. They look as though you hadnвАЩt a care in the world, donвАЩt they?вАЭ
вАЬWell, they were just group pictures. I couldnвАЩt very well keep out of them.вАЭ
вАЬBut this one in the water here. DidnвАЩt it trouble you the least bit to go in the water the second or third day after Roberta Alden had sunk to the bottom of Big Bittern, and especially when you had experienced such an inspiring change of heart in regard to her?вАЭ
вАЬI didnвАЩt want anyone to know I had been up there with her.вАЭ
вАЬWe know all about that. But how about this banjo picture here. Look at this!вАЭ And he held it out. вАЬVery gay, isnвАЩt it?вАЭ he snarled. And now Clyde, dubious and frightened, replied:
вАЬBut I wasnвАЩt enjoying myself just the same!вАЭ
вАЬNot when you were playing the banjo here? Not when you were playing golf and tennis with your friends the very next day after her death? Not when you were buying and eating thirteen-dollar lunches? Not when you were with Miss X again, and where you yourself testified that you preferred to be?вАЭ
MasonвАЩs manner was snarling, punitive, sinister, bitterly sarcastic.
вАЬWell, not just then, anyhowвБ†вАФno, sir.вАЭ
вАЬWhat do you meanвБ†вАФвАШnot just thenвАЩ? WerenвАЩt you where you wanted to be?вАЭ
вАЬWell, in one way I wasвБ†вАФcertainly,вАЭ replied Clyde, thinking of what Sondra would think when she read this, as unquestionably she would. Quite everything of all this was being published in the papers every day. He could not deny that he was with her and that he wanted to be with her. At the same time he had not been happy. How miserably unhappy he had been, enmeshed in that shameful and brutal plot! But now he must explain in some way so that Sondra, when she should read it, and this jury, would understand. And so now he added, while he swallowed with his dry throat and licked his lips with his dry tongue: вАЬBut I was sorry about Miss Alden just the same. I couldnвАЩt be happy thenвБ†вАФI couldnвАЩt be. I was just trying to make people think that I hadnвАЩt had anything to do with her going up thereвБ†вАФthatвАЩs all. I couldnвАЩt see that there was any better way to do. I didnвАЩt want to be arrested for what I hadnвАЩt done.вАЭ
вАЬDonвАЩt you know that is false! DonвАЩt you know you are lying!вАЭ shouted Mason, as though to the whole world, and the fire and the fury of his unbelief and contempt was sufficient to convince the jury, as well as the spectators, that Clyde was the most unmitigated of liars. вАЬYou heard the testimony of Rufus Martin, the second cook up there at Bear Lake?вАЭ
вАЬYes, sir.вАЭ
вАЬYou heard him swear that he saw you and Miss X at a certain point overlooking Bear Lake and that she was in your arms and that you were kissing her. Was that true?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd that exactly four days after you had left Roberta Alden under the waters of Big Bittern. Were you afraid of being arrested then?вАЭ
вАЬYes, sir.вАЭ
вАЬEven when you were kissing her and holding her in your arms?вАЭ
вАЬYes, sir,вАЭ replied Clyde drearily and hopelessly.
вАЬWell, of all things!вАЭ bawled Mason. вАЬCould you imagine such stuff being whimpered before a jury, if you hadnвАЩt heard it with your own ears? Do you really sit there and swear to this jury that you could bill and coo with one deceived girl in your arms and a second one in a lake a hundred miles away, and yet be miserable because of what you were doing?вАЭ
вАЬJust the same, thatвАЩs the way it was,вАЭ replied Clyde.
вАЬExcellent! Incomparable,вАЭ shouted Mason.
And here he wearily and sighfully drew forth his large white handkerchief once more and surveying the courtroom at large proceeded to mop his face as much as to say: Well, this is a task indeed, then continuing with more force than ever:
вАЬGriffiths, only yesterday on the witness stand you swore that you personally had no plan to go to Big Bittern when you left Lycurgus.вАЭ
вАЬNo, sir, I hadnвАЩt.вАЭ
вАЬBut when you two got in that room at the Renfrew House in Utica and you saw how tired she looked, it was you that suggested that a vacation of some kindвБ†вАФa little oneвБ†вАФsomething within the range of your joint purses at the timeвБ†вАФwould be good for her. WasnвАЩt that the way of it?вАЭ
вАЬYes, sir. That was the way of it,вАЭ replied Clyde.
вАЬBut up to that time you hadnвАЩt even thought of the Adirondacks specifically.вАЭ
вАЬWell, no sirвБ†вАФno particular lake, that is. I did think we might go to some summer place maybeвБ†вАФtheyвАЩre mostly lakes around thereвБ†вАФbut not to any particular one that I knew of.вАЭ
вАЬI see. And after you suggested it, it was she that said that you had better get some folders or maps, wasnвАЩt it?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd then it was that you went downstairs and got them?вАЭ
вАЬYes, sir.вАЭ
вАЬAt the Renfrew House in Utica?вАЭ
вАЬYes, sir.вАЭ
вАЬNot anywhere else by any chance?вАЭ
вАЬNo, sir.вАЭ
вАЬAnd afterwards, in looking over those maps, you saw Grass Lake and Big Bittern and decided to go up that way. Was that the way of it?вАЭ
вАЬYes, we did,вАЭ lied Clyde, most nervously, wishing now that he had not testified that it was in the Renfrew House that he had secured the folders. There might be some trap here again.
вАЬYou and Miss Alden?вАЭ
вАЬYes, sir.вАЭ
вАЬAnd you picked on Grass Lake as being the best because it was the cheapest. WasnвАЩt that the way of it?вАЭ
вАЬYes, sir. That was the way.вАЭ
вАЬI see. And now do you remember these?вАЭ he added, reaching over and taking from his table a series of folders all properly identified as part and parcel of the contents of ClydeвАЩs bag at Bear Lake at the time he was arrested and which he now placed in ClydeвАЩs hands. вАЬLook them over. Are those the folders I found in your bag at Bear Lake?вАЭ
вАЬWell, they look like the ones I had there.вАЭ
вАЬAre these the ones you found in the rack at the Renfrew House and took upstairs to show Miss Alden?вАЭ
Not a little terrified by the care with which this matter of folders was now being gone into by Mason, Clyde opened them and turned them over. Even now, because the label of the Lycurgus House (вАЬCompliments of Lycurgus House, Lycurgus, NY.вАЭ) was stamped in red very much like the printed red lettering on the rest of the folder, he failed to notice it at first. He turned and turned them over, and then having decided that there was no trap here, replied:
вАЬYes, I think these are the ones.вАЭ
вАЬWell, now,вАЭ went on Mason, slyly, вАЬin which one of these was it that you found that notice of Grass Lake Inn and the rate they charged up there? WasnвАЩt it in this one?вАЭ And here he returned the identical stamped folder, on one page of whichвБ†вАФand the same indicated by MasonвАЩs left forefingerвБ†вАФwas the exact notice to which Clyde had called RobertaвАЩs attention. Also in the center was a map showing the Indian Chain together with Twelfth, Big Bittern, and Grass Lakes, as well as many others, and at the bottom of this map a road plainly indicated as leading from Grass Lake and Gun Lodge south past the southern end of Big Bittern to Three Mile Bay. Now seeing this after so long a time again, he suddenly decided that it must be his knowledge of this road that Mason was seeking to establish, and a little quivery and creepy now, he replied: вАЬYes, it may be the one. It looks like it. I guess it is, maybe.вАЭ
вАЬDonвАЩt you know that it is?вАЭ insisted Mason, darkly and dourly. вАЬCanвАЩt you tell from reading that item there whether it is or not?вАЭ
вАЬWell, it looks like it,вАЭ replied Clyde, evasively after examining the item which had inclined him toward Grass Lake in the first place. вАЬI suppose maybe it is.вАЭ
вАЬYou suppose! You suppose! Getting a little more cautious now that weвАЩre getting down to something practical. Well, just look at that map there again and tell me what you see. Tell me if you donвАЩt see a road marked as leading south from Grass Lake.вАЭ
вАЬYes,вАЭ replied Clyde, a little sullenly and bitterly after a time, so flayed and bruised was he by this man who was so determined to harry him to his grave. He fingered the map and pretended to look as directed, but was seeing only all that he had seen long before there in Lycurgus, so shortly before he departed for Fonda to meet Roberta. And now here it was being used against him.
вАЬAnd where does it run, please? Do you mind telling the jury where it runsвБ†вАФfrom where to where?вАЭ
And Clyde, nervous and fearful and physically very much reduced, now replied: вАЬWell, it runs from Grass Lake to Three Mile Bay.вАЭ
вАЬAnd to what or near what other places in between?вАЭ continued Mason, looking over his shoulder.
вАЬGun Lodge. ThatвАЩs all.вАЭ
вАЬWhat about Big Bittern? DoesnвАЩt it run near that when it gets to the south of it?вАЭ
вАЬYes, sir, it does here.вАЭ
вАЬEver notice or study that map before you went to Grass Lake from Utica?вАЭ persisted Mason, tensely and, forcefully.
вАЬNo, sirвБ†вАФI did not.вАЭ
вАЬNever knew the road was on there?вАЭ
вАЬWell, I may have seen it,вАЭ replied Clyde, вАЬbut if so I didnвАЩt pay any attention to it.вАЭ
вАЬAnd, of course, by no possible chance could you have seen or studied this folder and that road before you left Utica?вАЭ
вАЬNo, sir. I never saw it before.вАЭ
вАЬI see. YouвАЩre absolutely positive as to that?вАЭ
вАЬYes, sir. I am.вАЭ
вАЬWell then, explain to me, or to this jury, if you can, and under your solemn oath which you respect so much, how it comes that this particular folder chances to be marked, вАШCompliments of the Lycurgus House, Lycurgus, NY.вАЩвАКвАЭ And here he folded the folder and presenting the back, showed Clyde the thin red stamp in between the other red lettering. And Clyde, noting it, gazed as one in a trance. His ultra-pale face now blanched gray again, his long thin fingers opened and shut, the red and swollen and weary lids of his eyes blinked and blinked to break the strain of the damning fact before him.
вАЬI donвАЩt know,вАЭ he said, a little weakly, after a time. вАЬIt must have been in the Renfrew House rack.вАЭ
вАЬOh, must it? And if I bring two witnesses here to swear that on July thirdвБ†вАФthree days before you left Lycurgus for FondaвБ†вАФyou were seen by them to enter the Lycurgus House and take four or five folders from the rack there, will you still say that it вАШmusta been in the rack at the Renfrew HouseвАЩ on July sixth?вАЭ As he said this, Mason paused and looked triumphantly about as much as to say: There, answer that if you can! and Clyde, shaken and stiff and breathless for the time being was compelled to wait at least fifteen seconds before he was able sufficiently to control his nerves and voice in order to reply: вАЬWell, it musta been. I didnвАЩt get it in Lycurgus.вАЭ
вАЬVery good. But in the meantime weвАЩll just let these gentlemen here look at this,вАЭ and he now turned the folder over to the foreman of the jury, who in turn passed it to the juryman next to him, and so on, the while a distinct whisper and buzz passed over the entire courtroom.
And when they had concludedвБ†вАФand much to the surprise of the audience, which was expecting more and more attacks and exposures, almost without cessationвБ†вАФMason turned and explained: вАЬThatвАЩs all.вАЭ And at once many of the spectators in the room beginning to whisper: вАЬTrapped! Trapped!вАЭ And Justice Oberwaltzer at once announcing that because of the lateness of the hour, and in the face of a number of additional witnesses for the defense, as well as a few in rebuttal for the prosecution, he would prefer it if the work for the day ended here. And both Belknap and Mason gladly agreeing. And ClydeвБ†вАФthe doors of the courtroom being stoutly locked until he should be in his cell across the wayвБ†вАФbeing descended upon by Kraut and Sissel and by them led through and down the very door and stairs which for days he had been looking at and pondering about. And once he was gone, Belknap and Jephson looking at each other but not saying anything until once more safely locked in their own office, when Belknap began with: вАЬвА¶¬†not carried off with enough of an air. The best possible defense but not enough courage. It just isnвАЩt in him, thatвАЩs all.вАЭ And Jephson, flinging himself heavily into a chair, his overcoat and hat still on, and saying: вАЬNo, thatвАЩs the real trouble, no doubt. It musta been that he really did kill her. But I suppose we canвАЩt give up the ship now. He did almost better than I expected, at that.вАЭ And Belknap adding: вАЬWell, IвАЩll do my final best and damnedest in my summing up, and thatвАЩs all I can do.вАЭ And Jephson replying, a little wearily: вАЬThatвАЩs right, Alvin, itвАЩs mostly up to you now, IвАЩm sorry. But in the meantime, I think IвАЩll go around to the jail and try and hearten вАЩim up a bit. It wonвАЩt do to let him look too winged or lame tomorrow. He has to sit up and make the jury feel that he, himself, feels that he isnвАЩt guilty whatever they think.вАЭ And rising he shoved his hands in the side pockets of his long coat and proceeded through the winterвАЩs dark and cold of the dreary town to see Clyde.
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!
XXVII
The dreary aftermath of a great contest and a great failure, with the general public from coast to coastвБ†вАФin view of this stern local interpretation of the tragedyвБ†вАФfirmly convinced that Clyde was guilty and, as heralded by the newspapers everywhere, that he had been properly convicted. The pathos of that poor little murdered country girl! Her sad letters! How she must have suffered! That weak defense! Even the Griffiths of Denver were so shaken by the evidence as the trial had progressed that they scarcely dared read the papers openlyвБ†вАФone to the otherвБ†вАФbut, for the most part, read of it separately and alone, whispering together afterwards of the damning, awful deluge of circumstantial evidence. Yet, after reading BelknapвАЩs speech and ClydeвАЩs own testimony, this little family group that had struggled along together for so long coming to believe in their own son and brother in spite of all they had previously read against him. And because of thisвБ†вАФduring the trial as well as afterwardsвБ†вАФwriting him cheerful and hopeful letters, based frequently on letters from him in which he insisted over and over again that he was not guilty. Yet once convicted, and out of the depths of his despair wiring his mother as he didвБ†вАФand the papers confirming itвБ†вАФabsolute consternation in the Griffiths family. For was not this proof? Or, was it? All the papers seemed to think so. And they rushed reporters to Mrs.¬†Griffiths, who, together with her little brood, had sought refuge from the unbearable publicity in a remote part of Denver entirely removed from the mission world. A venal moving-van company had revealed her address.
And now this American witness to the rule of God upon earth, sitting in a chair in her shabby, nondescript apartment, hard-pressed for the very means to sustain herselfвБ†вАФdegraded by the milling forces of life and the fell and brutal blows of chanceвБ†вАФyet serene in her trustвБ†вАФand declaring: вАЬI cannot think this morning. I seem numb and things look strange to me. My boy found guilty of murder! But I am his mother and I am not convinced of his guilt by any means! He has written me that he is not guilty and I believe him. And to whom should he turn with the truth and for trust if not to me? But there is He who sees all things and who knows.вАЭ
At the same time there was so much in the long stream of evidence, as well as ClydeвАЩs first folly in Kansas City, that had caused her to wonderвБ†вАФand fear. Why was he unable to explain that folder? Why couldnвАЩt he have gone to the girlвАЩs aid when he could swim so well? And why did he proceed so swiftly to the mysterious Miss XвБ†вАФwhoever she was? Oh, surely, surely, surely, she was not going to be compelled, in spite of all her faith, to believe that her eldestвБ†вАФthe most ambitious and hopeful, if restless, of all of her children, was guilty of such a crime! No! She could not doubt himвБ†вАФeven now. Under the merciful direction of a living God, was it not evil in a mother to believe evil of a child, however dread his erring ways might seem? In the silence of the different rooms of the mission, before she had been compelled to remove from there because of curious and troublesome visitors, had she not stood many times in the center of one of those miserable rooms while sweeping and dusting, free from the eye of any observerвБ†вАФher head thrown back, her eyes closed, her strong, brown face molded in homely and yet convinced and earnest linesвБ†вАФa figure out of the early Biblical days of her six-thousand-year-old worldвБ†вАФand earnestly directing her thoughts to that imaginary throne which she saw as occupied by the living, giant mind and body of the living GodвБ†вАФher Creator. And praying by the quarter and the half hour that she be given strength and understanding and guidance to know of her sonвАЩs innocence or guiltвБ†вАФand if innocent that this searing burden of suffering be lifted from him and her and all those dear to him and herвБ†вАФor if guilty, she be shown how to doвБ†вАФhow to endure the while he be shown how to wash from his immortal soul forever the horror of the thing he had doneвБ†вАФmake himself once more, if possible, white before the Lord.
вАЬThou art mighty, O God, and there is none beside Thee. Behold, to Thee all things are possible. In Thy favor is Life. Have mercy, O God. Though his sins be as scarlet, make him white as snow. Though they be red like crimson, make them as wool.вАЭ
Yet in her thenвБ†вАФand as she prayedвБ†вАФwas the wisdom of Eve in regard to the daughters of Eve. That girl whom Clyde was alleged to have slainвБ†вАФwhat about her? Had she not sinned too? And was she not older than Clyde? The papers said so. Examining the letters, line by line, she was moved by their pathos and was intensely and pathetically grieved for the misery that had befallen the Aldens. Nevertheless, as a mother and woman full of the wisdom of ancient Eve, she saw how Roberta herself must have consentedвБ†вАФhow the lure of her must have aided in the weakening and the betrayal of her son. A strong, good girl would not have consentedвБ†вАФcould not have. How many confessions about this same thing had she not heard in the mission and at street meetings? And might it not be said in ClydeвАЩs favorвБ†вАФas in the very beginning of life in the Garden of EdenвБ†вАФвАЬthe woman tempted meвАЭ?
TrulyвБ†вАФand because of thatвБ†вАФ
вАЬHis mercy endureth forever,вАЭ she quoted. And if His mercy endurethвБ†вАФmust that of ClydeвАЩs mother be less?
вАЬIf ye have faith, so much as the grain of a mustard seed,вАЭ she quoted to herselfвБ†вАФand now, in the face of these importuning reporters added: вАЬDid my son kill her? That is the question. Nothing else matters in the eyes of our Maker,вАЭ and she looked at the sophisticated, callous youths with the look of one who was sure that her God would make them understand. And even so they were impressed by her profound sincerity and faith. вАЬWhether or not the jury has found him guilty or innocent is neither here nor there in the eyes of Him who holds the stars in the hollow of His hand. The juryвАЩs finding is of men. It is of the earthвАЩs earthy. I have read his lawyerвАЩs plea. My son himself has told me in his letters that he is not guilty. I believe my son. I am convinced that he is innocent.вАЭ
And Asa in another corner of the room, saying little. Because of his lack of comprehension of the actualities as well as his lack of experience of the stern and motivating forces of passion, he was unable to grasp even a tithe of the meaning of this. He had never understood Clyde or his lacks or his feverish imaginings, so he said, and preferred not to discuss him.
вАЬBut,вАЭ continued Mrs.¬†Griffiths, вАЬat no time have I shielded Clyde in his sin against Roberta Alden. He did wrong, but she did wrong too in not resisting him. There can be no compromising with sin in anyone. And though my heart goes out in sympathy and love to the bleeding heart of her dear mother and father who have suffered so, still we must not fail to see that this sin was mutual and that the world should know and judge accordingly. Not that I want to shield him,вАЭ she repeated. вАЬHe should have remembered the teachings of his youth.вАЭ And here her lips compressed in a sad and somewhat critical misery. вАЬBut I have read her letters too. And I feel that but for them, the prosecuting attorney would have no real case against my son. He used them to work on the emotions of the jury.вАЭ She got up, tried as by fire, and exclaimed, tensely and beautifully: вАЬBut he is my son! He has just been convicted. I must think as a mother how to help him, however I feel as to his sin.вАЭ She gripped her hands together, and even the reporters were touched by her misery. вАЬI must go to him! I should have gone before. I see it now.вАЭ She paused, discovering herself to be addressing her inmost agony, need, fear, to these public ears and voices, which might in no wise understand or care.
вАЬSome people wonder,вАЭ now interrupted one of these sameвБ†вАФa most practical and emotionally calloused youth of ClydeвАЩs own ageвБ†вАФвАЬwhy you werenвАЩt there during the trial. DidnвАЩt you have the money to go?вАЭ
вАЬI had no money,вАЭ she replied simply. вАЬNot enough, anyhow. And besides, they advised me not to comeвБ†вАФthat they did not need me. But nowвБ†вАФnow I must goвБ†вАФin some wayвБ†вАФI must find out how.вАЭ She went to a small shabby desk, which was a part of the sparse and colorless equipment of the room. вАЬYou boys are going downtown,вАЭ she said. вАЬWould one of you send a telegram for me if I give you the money?вАЭ
вАЬSure!вАЭ exclaimed the one who had asked her the rudest question. вАЬGive it to me. You donвАЩt need any money. IвАЩll have the paper send it.вАЭ Also, as he thought, he would write it up, or in, as part of his story.
She seated herself at the yellow and scratched desk and after finding a small pad and pen, she wrote: вАЬClydeвБ†вАФTrust in God. All things are possible to Him. Appeal at once. Read Psalm 51. Another trial will prove your innocence. We will come to you soon. Father and Mother.вАЭ
вАЬPerhaps I had just better give you the money,вАЭ she added, nervously, wondering whether it would be well to permit a newspaper to pay for this and wondering at the same time if ClydeвАЩs uncle would be willing to pay for an appeal. It might cost a great deal. Then she added: вАЬItвАЩs rather long.вАЭ
вАЬOh, donвАЩt bother about that!вАЭ exclaimed another of the trio, who was anxious to read the telegram. вАЬWrite all you want. WeвАЩll see that it goes.вАЭ
вАЬI want a copy of that,вАЭ added the third, in a sharp and uncompromising tone, seeing that the first reporter was proceeding to take and pocket the message. вАЬThis isnвАЩt private. I get it from you or herвБ†вАФnow!вАЭ
And at this, number one, in order to avoid a scene, which Mrs. Griffiths, in her slow way, was beginning to sense, extracted the slip from his pocket and turned it over to the others, who there and then proceeded to copy it.
At the same time that this was going on, the Griffiths of Lycurgus, having been consulted as to the wisdom and cost of a new trial, disclosed themselves as by no means interested, let alone convinced, that an appealвБ†вАФat least at their expenseвБ†вАФwas justified. The torture and sociallyвБ†вАФif not commerciallyвБ†вАФdestroying force of all thisвБ†вАФevery hour of it a Golgotha! Bella and her social future, to say nothing of Gilbert and hisвБ†вАФcompletely overcast and charred by this awful public picture of the plot and crime that one of their immediate blood had conceived and executed! Samuel Griffiths himself, as well as his wife, fairly macerated by this blasting flash from his well-intentioned, though seemingly impractical and nonsensical good deed. Had not a long, practical struggle with life taught him that sentiment in business was folly? Up to the hour he had met Clyde he had never allowed it to influence him in any way. But his mistaken notion that his youngest brother had been unfairly dealt with by their father! And now this! This! His wife and daughter compelled to remove from the scene of their happiest years and comforts and live as exilesвБ†вАФperhaps foreverвБ†вАФin one of the suburbs of Boston, or elsewhereвБ†вАФor forever endure the eyes and sympathy of their friends! And himself and Gilbert almost steadily conferring ever since as to the wisdom of uniting the business in stock form with some of the others of Lycurgus or elsewhereвБ†вАФor, if not that, of transferring, not by degrees but speedily, to either Rochester or Buffalo or Boston or Brooklyn, where a main plant might be erected. The disgrace of this could only be overcome by absenting themselves from Lycurgus and all that it represented to them. They must begin life all over againвБ†вАФsocially at least. That did not mean so much to himself or his wifeвБ†вАФtheir day was about over anyhow. But Bella and Gilbert and MyraвБ†вАФhow to rehabilitate them in some way, somewhere?
And so, even before the trial was finished, a decision on the part of Samuel and Gilbert Griffiths to remove the business to South Boston, where they might decently submerge themselves until the misery and shame of this had in part at least been forgotten.
And because of this further aid to Clyde absolutely refused. And Belknap and Jephson then sitting down together to consider. For obviously, their time being as valuable as it wasвБ†вАФdevoted hitherto to the most successful practice in BridgeburgвБ†вАФand with many matters waiting on account of the pressure of this particular caseвБ†вАФthey were by no means persuaded that either their practical self-interest or their charity permitted or demanded their assisting Clyde without further recompense. In fact, the expense of appealing this case was going to be considerable as they saw it. The record was enormous. The briefs would be large and expensive, and the StateвАЩs allowance for them was pitifully small. At the same time, as Jephson pointed out, it was folly to assume that the western Griffiths might not be able to do anything at all. Had they not been identified with religious and charitable work this long while? And was it not possible, the tragedy of ClydeвАЩs present predicament pointed out to them, that they might through appeals of various kinds raise at least sufficient money to defray the actual costs of such an appeal? Of course, they had not aided Clyde up to the present time but that was because his mother had been notified that she was not needed. It was different now.
вАЬBetter wire her to come on,вАЭ suggested Jephson, practically. вАЬWe can get Oberwaltzer to set the sentence over until the tenth if we say that she is trying to come on here. Besides, just tell her to do it and if she says she canвАЩt weвАЩll see about the money then. But sheвАЩll be likely to get it and maybe some towards the appeal too.вАЭ
And forthwith a telegram and a letter to Mrs.¬†Griffiths, saying that as yet no word had been said to Clyde but none-the-less his Lycurgus relatives had declined to assist him further in any way. Besides, he was to be sentenced not later than the tenth, and for his own future welfare it was necessary that someoneвБ†вАФpreferably herselfвБ†вАФappear. Also that funds to cover the cost of an appeal be raised, or at least the same guaranteed.
And then Mrs.¬†Griffiths, on her knees praying to her God to help her. Here, now, he must show his Almighty handвБ†вАФhis never-failing mercy. Enlightenment and help must come from somewhereвБ†вАФotherwise how was she to get the fare, let alone raise money for ClydeвАЩs appeal?
Yet as she prayedвБ†вАФon her kneesвБ†вАФa thought. The newspapers had been hounding her for interviews. They had followed her here and there. Why had she not gone to her sonвАЩs aid? What did she think of this? What of that? And now she said to herself, why should she not go to the editor of one of the great papers so anxious to question her always and tell him how great was her need? Also, that if he would help her to reach her son in time to be with him on his day of sentence that she, his mother, would report the same for him. These papers were sending their reporters here, thereвБ†вАФeven to the trial, as she had read. Why not herвБ†вАФhis mother? Could she not speak and write too? How many, many tracts had she not composed?
And so now to her feetвБ†вАФonly to sink once more on her knees: вАЬThou hast answered me, oh, my God!вАЭ she exclaimed. Then rising, she got out her ancient brown coat, the commonplace brown bonnet with stringsвБ†вАФbased on some mood in regard to religious liveryвБ†вАФand at once proceeded to the largest and most important newspaper. And because of the notoriety of her sonвАЩs trial she was shown directly to the managing editor, who was as much interested as he was impressed and who listened to her with respect and sympathy. He understood her situation and was under the impression that the paper would be interested in this. He disappeared for a few momentsвБ†вАФthen returned. She would be employed as a correspondent for a period of three weeks, and after that until further notice. Her expenses to and fro would be covered. An assistant, into whose hands he would now deliver her would instruct her as to the method of preparing and filing her communications. He would also provide her with some ready cash. She might even leave tonight if she choseвБ†вАФthe sooner, the better. The paper would like a photograph or two before she left. But as he talked, and as he noticed, her eyes were closedвБ†вАФher head back. She was offering thanks to the God who had thus directly answered her plea.
XXVIII
Bridgeburg and a slow train that set down a tired, distrait woman at its depot after midnight on the eighth of December. Bitter cold and bright stars. A lone depot assistant who on inquiry directed her to the Bridgeburg Central HouseвБ†вАФstraight up the street which now faced her, then two blocks to her left after she reached the second street. The sleepy night clerk of the Central House providing her instantly with a room and, once he knew who she was, directing her to the county jail. But she deciding after due rumination that now was not the hour. He might be sleeping. She would go to bed and rise early in the morning. She had sent him various telegrams. He knew that she was coming.
But as early as seven in the morning, rising, and by eight appearing at the jail, letters, telegrams and credentials in hand. And the jail officials, after examining the letters she carried and being convinced of her identity, notifying Clyde of her presence. And he, depressed and forlorn, on hearing this news, welcoming the thought of her as much as at first he had dreaded her coming. For now things were different. All the long grim story had been told. And because of the plausible explanation which Jephson had provided him, he could face her perhaps and say without a quaver that it was trueвБ†вАФthat he had not plotted to kill RobertaвБ†вАФthat he had not willingly left her to die in the water. And then hurrying down to the visitorвАЩs room, where, by the courtesy of Slack, he was permitted to talk with his mother alone.
On seeing her rise at his entrance, and hurrying to her, his troubled intricate soul not a little dubious, yet confident also that it was to find sanctuary, sympathy, help, perhapsвБ†вАФand that without criticismвБ†вАФin her heart. And exclaiming with difficulty, as a lump thickened in his throat: вАЬGee, Ma! IвАЩm glad youвАЩve come.вАЭ But she too moved for wordsвБ†вАФher condemned boy in her armsвБ†вАФmerely drawing his head to her shoulder and then looking up. The Lord God had vouchsafed her this much. Why not more? The ultimate freedom of her sonвБ†вАФor if not that, at least a new trialвБ†вАФa fair consideration of the evidence in his favor which had not been had yet, of course. And so they stood for several moments.
Then news of home, the reason for her presence, her duty as a correspondent to interview himвБ†вАФlater to appear with him in court at the hour of his sentenceвБ†вАФa situation over which Clyde winced. Yet now, as he heard from her, his future was likely to depend on her efforts alone. The Lycurgus Griffiths, for reasons of their own, had decided not to aid him further. But sheвБ†вАФif she were but able to face the world with a sound claimвБ†вАФmight still aid him. Had not the Lord aided her thus far? Yet to face the world and the Lord with her just one plea she must know from himвБ†вАФnowвБ†вАФthe truth as to whether he had intentionally or unintentionally struck RobertaвБ†вАФwhether intentionally or unintentionally he had left her to die. She had read the evidence and his letters and had noted all the defects in his testimony. But were those things as contended by Mason true or false?
Clyde, now as always overawed and thrown back on himself by that uncompromising and shameless honesty which he had never been able quite to comprehend in her, announced, with all the firmness that he could musterвБ†вАФyet with a secret quavering chill in his heartвБ†вАФthat he had sworn to the truth. He had not done those things with which he had been charged. He had not. But, alas, as she now said to herself, on observing him, what was that about his eyesвБ†вАФa faint flicker perhaps. He was not so sureвБ†вАФas self-convinced and definite as she had hopedвБ†вАФas she had prayed he would be. No, no, there was something in his manner, his words, as he spokeвБ†вАФa faint recessive intonation, a sense of something troubled, dubious, perhaps, which quite froze her now.
He was not positive enough. And so he might have plotted, in part at least, as she had feared at first, when she had first heard of thisвБ†вАФmight have even struck her on that lone, secret lake!вБ†вАФwho could tell? (the searing, destroying power of such a thought as that). And that in the face of all his testimony to the contrary.
But вАЬJehovah, jirah, Thou wilt not require of a mother, in her own and her sonвАЩs darkest hour, that she doubt himвБ†вАФmake sure his death through her own lack of faith? Oh, noвБ†вАФThou wilt not. O Lamb of God, Thou wilt not!вАЭ She turned; she bruised under her heel the scaly head of this dark suspicionвБ†вАФas terrifying to her as his guilt was to him. вАЬO Absalom, my Absalom!вАЭ Come, come, we will not entertain such a thought. God himself would not urge it upon a mother. Was he not hereвБ†вАФher sonвБ†вАФbefore her, declaring firmly that he had not done this thing. She must believeвБ†вАФshe would believe him utterly. She wouldвБ†вАФand didвБ†вАФwhatever fiend of doubt might still remain locked in the lowest dungeon of her miserable heart. Come, come, the public should know how she felt. She and her son would find a way. He must believe and pray. Did he have a Bible? Did he read it? And Clyde having been long since provided with a Bible by a prison worker, assured her that he had and did read it.
But now she must go first to see his lawyers, next to file her dispatch, after which she would return. But once out on the street being immediately set upon by several reporters and eagerly questioned as to the meaning of her presence here. Did she believe in her sonвАЩs innocence? Did she or did she not think that he had had a fair trial? Why had she not come on before? And Mrs.¬†Griffiths, in her direct and earnest and motherly way, taking them into her confidence and telling how as well as why she came to be here, also why she had not come before.
But now that she was here she hoped to stay. The Lord would provide the means for the salvation of her son, of whose innocence she was convinced. Would they not ask God to help her? Would they not pray for her success? And with the several reporters not a little moved and impressed, assuring her that they would, of course, and thereafter describing her to the world at large as she wasвБ†вАФmiddle-aged, homely, religious, determined, sincere and earnest and with a moving faith in the innocence of her boy.
But the Griffiths of Lycurgus, on hearing this, resenting her coming as one more blow. And Clyde, in his cell, on reading of it later, somewhat shocked by the gross publicity now attending everything in connection with him, yet, because of his motherвАЩs presence, resigned and after a time almost happy. Whatever her faults or defects, after all she was his mother, wasnвАЩt she? And she had come to his aid. Let the public think what it would. Was he not in the shadow of death and she at least had not deserted him. And with this, her suddenly manifested skill in connecting herself in this way with a Denver paper, to praise her for.
She had never done anything like this before. And who knew but that possibly, and even in the face of her dire poverty now, she might still be able to solve this matter of a new trial for him and to save his life? Who knew? And yet how much and how indifferently he had sinned against her! Oh, how much. And still here she wasвБ†вАФhis mother still anxious and tortured and yet loving and seeking to save his life by writing up his own conviction for a western paper. No longer did the shabby coat and the outlandish hat and the broad, immobile face and somewhat stolid and crude gestures seem the racking and disturbing things they had so little time since. She was his mother and she loved him, and believed in him and was struggling to save him.
On the other hand Belknap and Jephson on first encountering her were by no means so much impressed. For some reason they had not anticipated so crude and unlettered and yet convinced a figure. The wide, flat shoes. The queer hat. The old brown coat. Yet somehow, after a few moments, arrested by her earnestness and faith and love for her son and her fixed, inquiring, and humanly clean and pure blue eyes in which dwelt immaterial conviction and sacrifice with no shadow of turning.
Did they personally think her son innocent? She must know that first. Or did they secretly believe that he was guilty? She had been so tortured by all the contradictory evidence. God had laid a heavy cross upon her and hers. Nevertheless, Blessed be His name! And both, seeing and feeling her great concern, were quick to assure her that they were convinced of ClydeвАЩs innocence. If he were executed for this alleged crime it would be a travesty on justice.
Yet both, now that they saw her, troubled as to the source of any further funds, her method of getting here, which she now explained, indicating that she had nothing. And an appeal sure to cost not less than two thousand. And Mrs.¬†Griffiths, after an hour in their presence, in which they made clear to her the basic cost of an appealвБ†вАФcovering briefs to be prepared, arguments, trips to be madeвБ†вАФasserting repeatedly that she did not quite see how she was to do. Then suddenly, and to them somewhat inconsequentially, yet movingly and dramatically, exclaiming: вАЬThe Lord will not desert me. I know it. He has declared himself unto me. It was His voice there in Denver that directed me to that paper. And now that I am here, I will trust Him and He will guide me.вАЭ
But Belknap and Jephson merely looking at one another in unconvinced and pagan astonishment. Such faith! An exhorter! An Evangelist, no less! Yet to Jephson, here was an idea! There was the religious element to be reckoned with everywhereвБ†вАФstrong in its agreement with just such faith. Assuming the Griffiths of Lycurgus to remain obdurate and unmovedвБ†вАФwhy thenвБ†вАФwhy thenвБ†вАФand now that she was hereвБ†вАФthere were the churches and the religious people generally. Might it not be possible, with such a temperament and such faith as this, to appeal to the very element that had hitherto most condemned Clyde and made his conviction a certainty, for funds wherewith to carry this case to the court of appeals? This lorn mother. Her faith in her boy.
Presto!
A lecture, at so much for admission, and in which, hard-pressed as she was and could show, she would set forth the righteousness of her boyвАЩs claimвБ†вАФseek to obtain the sympathy of the prejudiced public and incidentally two thousand dollars or more with which this appeal could be conducted.
And now Jephson, turning to her and laying the matter before her and offering to prepare a lecture or notesвБ†вАФa condensation of his various argumentsвБ†вАФin fact, an entire lecture which she could rearrange and present as she choseвБ†вАФall the data which was the ultimate, basic truth in regard to her son. And she, her brown cheeks flushing and her eyes brightening, agreeing she would do it. She would try. She could do no less than try. Verily, verily, was not this the Voice and Hand of God in the darkest hour of her tribulation?
On the following morning Clyde was arraigned for sentence, with Mrs. Griffiths given a seat near him and seeking, paper and pencil in hand, to make notes of, for her, an unutterable scene, while a large crowd surveyed her. His own mother! And acting as a reporter! Something absurd, grotesque, insensitive, even ludicrous, about such a family and such a scene. And to think the Griffiths of Lycurgus should be so immediately related to them.
Yet Clyde sustained and heartened by her presence. For had she not returned to the jail the previous afternoon with her plan? And as soon as this was overвБ†вАФwhatever the sentence might beвБ†вАФshe would begin with her work.
And so, and that almost in spite of himself, in his darkest hour, standing up before Justice Oberwaltzer and listening first to a brief recital of his charge and trial (which was pronounced by Oberwaltzer to have been fair and impartial), then to the customary: вАЬHave you any cause which shows why the judgment of death should not now be pronounced against you according to law?вАЭвБ†вАФto which and to the astonishment of his mother and the auditors (if not Jephson, who had advised and urged him so to do), Clyde now in a clear and firm voice replied:
вАЬI am innocent of the crime as charged in the indictment. I never killed Roberta Alden and therefore I think this sentence should not be passed.вАЭ
And then staring straight before him conscious only of the look of admiration and love turned on him by his mother. For had not her son now declared himself, here at this fatal moment, before all these people? And his word here, if not in that jail, would be true, would it not? Then her son was not guilty. He was not. He was not. Praised be the name of the Lord in the highest. And deciding to make a great point of this in her dispatchвБ†вАФso as to get it in all the papers, and in her lecture afterwards.
However, Oberwaltzer, without the faintest sign of surprise or perturbation, now continued: вАЬIs there anything else you care to say?вАЭ
вАЬNo,вАЭ replied Clyde, after a momentвАЩs hesitation.
вАЬClyde Griffiths,вАЭ then concluded Oberwaltzer, вАЬthe judgment of the Court is that you, Clyde Griffiths, for the murder in the first degree of one, Roberta Alden, whereof you are convicted, be, and you are hereby sentenced to the punishment of death; and it is ordered that, within ten days after this dayвАЩs session of Court, the Sheriff of this county of Cataraqui deliver you, together with the warrant of this Court, to the Agent and Warden of the State Prison of the State of New York at Auburn, where you shall be kept in solitary confinement until the week beginning Monday the 28th day of January, 19вБ†вАФ, and, upon some day within the week so appointed, the said Agent and Warden of the State Prison of the State of New York at Auburn is commended to do execution upon you, Clyde Griffiths, in the mode and manner prescribed by the laws of the State of New York.вАЭ
And that done, a smile from Mrs.¬†Griffiths to her boy and an answering smile from Clyde to her. For since he had announced that he was not guiltyвБ†вАФhereвБ†вАФher spirit had risen in the face of this sentence. He was really innocentвБ†вАФhe must be, since he had declared it here. And Clyde because of her smile saying to himself, his mother believed in him now. She had not been swayed by all the evidence against him. And this faith, mistaken or not, was now so sustainingвБ†вАФso needed. What he had just said was true as he now saw it. He had not struck Roberta. That was true. And therefore he was not guilty. Yet Kraut and Slack were once more seizing him and escorting him to the cell.
Immediately thereafter his mother seating herself at a press table proceeded to explain to contiguous press representatives now curiously gathering about her: вАЬYou mustnвАЩt think too badly of me, you gentlemen of the papers. I donвАЩt know much about this but it is the only way I could think of to be with my boy. I couldnвАЩt have come otherwise.вАЭ And then one lanky correspondent stepping up to say: вАЬDonвАЩt worry, mother. Is there any way I can help you? Want me to straighten out what you want to say? IвАЩll be glad to.вАЭ And then sitting down beside her and proceeding to help her arrange her impressions in the form in which he assumed her Denver paper might like them. And others as well offering to do anything they couldвБ†вАФand all greatly moved.
Two days later, the proper commitment papers having been prepared and his mother notified of the change but not permitted to accompany him, Clyde was removed to Auburn, the Western penitentiary of the State of New York, where in the вАЬdeath houseвАЭ or вАЬMurderersвАЩ Row,вАЭ as it was calledвБ†вАФas gloomy and torturesome an inferno as one could imagine any human compelled to endureвБ†вАФa combination of some twenty-two cells on two separate levelsвБ†вАФhe was to be restrained until ordered retried or executed.
Yet as he traveled from Bridgeburg to this place, impressive crowds at every stationвБ†вАФyoung and oldвБ†вАФmen, women and childrenвБ†вАФall seeking a glimpse of the astonishingly youthly slayer. And girls and women, under the guise of kindly interest, but which, at best, spelled little more than a desire to achieve a facile intimacy with this daring and romantic, if unfortunate figure, throwing him a flower here and there and calling to him gayly and loudly as the train moved out from one station or another:
вАЬHello, Clyde! Hope to see you soon again. DonвАЩt stay too long down there.вАЭ
вАЬIf you take an appeal, youвАЩre sure to be acquitted. We hope so, anyhow.вАЭ
And with Clyde not a little astonished and later even heartened by this seemingly favorable discrepancy between the attitude of the crowds in Bridgeburg and this sudden, morbid, feverish and even hectic curiosity here, bowing and smiling and even waving with his hand. Yet thinking, none the less, вАЬI am on the way to the death house and they can be so friendly. It is a wonder they dare.вАЭ And with Kraut and Sissel, his guards, because of the distinction and notoriety of being both his captors and jailors, as well also because of these unusual attentions from passengers on the train and individuals in these throngs without being themselves flattered and ennobled.
But after this one brief colorful flight in the open since his arrest, past these waiting throngs and over winter sunlit fields and hills of snow that reminded him of Lycurgus, Sondra, Roberta, and all that he had so kaleidoscopically and fatally known in the twenty months just past, the gray and restraining walls of Auburn itselfвБ†вАФwith, once he was presented to a clerk in the wardenвАЩs office and his name and crime entered in the booksвБ†вАФhimself assigned to two assistants, who saw to it that he was given a prison bath and hair cutвБ†вАФall the wavy, black hair he so much admired cut awayвБ†вАФa prison-striped uniform and hideous cap of the same material, prison underwear and heavy gray felt shoes to quiet the restless prison tread in which in time he might indulge, together with the number, 77221.
And so accoutered, immediately transferred to the death house proper, where in a cell on the ground floor he was now lockedвБ†вАФa squarish light clean space, eight by ten feet in size and fitted with sanitary plumbing as well as a cot bed, a table, a chair and a small rack for books. And here then, while he barely sensed that there were other cells about himвБ†вАФranging up and down a wide hallвБ†вАФhe first stoodвБ†вАФand then seated himselfвБ†вАФnow no longer buoyed by the more intimate and sociable life of the jail at BridgeburgвБ†вАФor those strange throngs and scenes that had punctuated his trip here.
The hectic tensity and misery of these hours! That sentence to die; that trip with all those people calling to him; that cutting of his hair downstairs in that prison barber shopвБ†вАФand by a convict; the suit and underwear that was now his and that he now had on. There was no mirror hereвБ†вАФor anywhereвБ†вАФbut no matterвБ†вАФhe could feel how he looked. This baggy coat and trousers and this striped cap. He threw it hopelessly to the floor. For but an hour before he had been clothed in a decent suit and shirt and tie and shoes, and his appearance had been neat and pleasing as he himself had thought as he left Bridgeburg. But nowвБ†вАФhow must he look? And tomorrow his mother would be comingвБ†вАФand later Jephson or Belknap, maybe. God!
But worseвБ†вАФthere, in that cell directly opposite him, a sallow and emaciated and sinister-looking Chinaman in a suit exactly like his own, who had come to the bars of his door and was looking at him out of inscrutable slant eyes, but as immediately turning and scratching himselfвБ†вАФvermin, maybe, as Clyde immediately feared. There had been bedbugs at Bridgeburg.
A Chinese murderer. For was not this the death house? But as good as himself here. And with a garb like his own. Thank God visitors were probably not many. He had heard from his mother that scarcely any were allowedвБ†вАФthat only she and Belknap and Jephson and any minister he chose might come once a week. But now these hard, white-painted walls brightly lighted by wide unobstructed skylights by day and as he could seeвБ†вАФby incandescent lamps in the hall without at nightвБ†вАФyet all so different from BridgeburgвБ†вАФso much more bright or harsh illuminatively. For there, the jail being old, the walls were a gray-brown, and not very cleanвБ†вАФthe cells larger, the furnishings more numerousвБ†вАФa table with a cloth on it at times, books, papers, a chess- and checkerboardвБ†вАФwhereas hereвБ†вАФhere was nothing, these hard narrow wallsвБ†вАФthe iron bars rising to a heavy solid ceiling aboveвБ†вАФand that very, very heavy iron door which yetвБ†вАФlike the one at Bridgeburg, had a small hole through which food would be passed, of course.
But just then a voice from somewhere:
вАЬHey! we got a new one wid us, fellers! Ground tier, second cell, east.вАЭ And then a second voice: вАЬYou donвАЩt say. WotвАЩs he like?вАЭ And a third: вАЬWotвАЩs yer name, new man? DonвАЩt be scared. You ainвАЩt no worse off than the rest of us.вАЭ And then the first voice, answering number two: вАЬKinda tall and skinny. A kid. Looks a little like mammaвАЩs boy, but not bad at dat. Hey, you! Tell us your name!вАЭ
And Clyde, amazed and dumb and pondering. For how was one to take such an introduction as this? What to sayвБ†вАФwhat to do? Should he be friendly with these men? Yet, his instinct for tact prompting him even here to reply, most courteously and promptly: вАЬClyde Griffiths.вАЭ And one of the first voices continuing: вАЬOh, sure! We know who you are. Welcome, Griffiths. We ainвАЩt as bad as we sound. We been readinвАЩ a lot about you, up dere in Bridgeburg. We thought youвАЩd be along pretty soon now.вАЭ And another voice: вАЬYou donвАЩt want to be too down. It ainвАЩt so worse here. At least de place is all rightвБ†вАФa roof over your head, as dey say.вАЭ And then a laugh from somewhere.
But Clyde, too horrified and sickened for words, was sadly gazing at the walls and door, then over at the Chinaman, who, silent at his door, was once more gazing at him. Horrible! Horrible! And they talked to each other like that, and to a stranger among them so familiarly. No thought for his wretchedness, his strangeness, his timidityвБ†вАФthe horror he must be suffering. But why should a murderer seem timid to anyone, perhaps, or miserable? Worst of all they had been speculating here as to how long it would be before he would be along which meant that everything concerning him was known here. Would they nagвБ†вАФor bullyвБ†вАФor make trouble for one unless one did just as they wished? If Sondra, or any one of all the people he had known, should see or even dream of him as he was here nowвБ†вАКвБ†вА¶ God!вБ†вАФAnd his own mother was coming tomorrow.
And then an hour later, now evening, a tall, cadaverous guard in a more pleasing uniform, putting an iron tray with food on it through that hole in the door. Food! And for him here. And that sallow, rickety Chinaman over the way taking his. Whom had he murdered? How? And then the savage scraping of iron trays in the various cells! Sounds that reminded him more of hungry animals being fed than men. And some of these men were actually talking as they ate and scraped. It sickened him.
вАЬGee! ItвАЩs a wonder them guys in the mush gallery couldnвАЩt think of somepin else besides cold beans and fried potatoes and coffee.вАЭ
вАЬThe coffee tonightвБ†вАКвБ†вА¶ oh, boy!вБ†вАКвБ†вА¶ Now in the jail at BuffaloвБ†вАФthoughвБ†вАКвБ†вА¶вАЭ
вАЬOh, cut it out,вАЭ came from another corner. вАЬWeвАЩve heard enough about the jail at Buffalo and your swell chow. You donвАЩt show any afternoon tea appetite around here, I notice.вАЭ
вАЬJust the same,вАЭ continued the first voice, вАЬas I look back onвАЩt now, it musta been pretty good. DatвАЩs a way it seems, anyhow, now.вАЭ
вАЬOh, Rafferty, do let up,вАЭ called still another.
And then, presumably вАЬRaffertyвАЭ once more, who said: вАЬNow, IвАЩll just take a little siesta after disвБ†вАФand den IвАЩll call me chauffeur and go for a little spin. De air tonight must be fine.вАЭ
Then from still another hoarse voice: вАЬOh, you with your sick imagination. Say, IвАЩd give me life for a smoker. And den a good game of cards.вАЭ
вАЬDo they play cards here?вАЭ thought Clyde.
вАЬI suppose since Rosenstein was defeated for mayor here he wonвАЩt play.вАЭ
вАЬWonвАЩt he, though?вАЭ This presumably from Rosenstein.
To ClydeвАЩs left, in the cell next to him, a voice, to a passing guard, low and yet distinctly audible: вАЬPsst! Any word from Albany yet?вАЭ
вАЬNo word, Herman.вАЭ
вАЬAnd no letter, I suppose.вАЭ
вАЬNo letter.вАЭ
The voice was very strained, very tense, very miserable, and after this, silence.
A moment later, from another cell farther off, a voice from the lowest hell to which a soul can descendвБ†вАФcomplete and unutterable despairвБ†вАФвАЬOh, my God! Oh, my God! Oh, my God!вАЭ
And then from the tier above another voice: вАЬOh, Jesus! Is that farmer going to begin again? I canвАЩt stand it. Guard! Guard! CanвАЩt you get some dope for that guy?вАЭ
Once more the voice from the lowest: вАЬOh, my God! Oh, my God! Oh, my God!вАЭ
Clyde was up, his fingers clinched. His nerves were as taut as cords about to snap. A murderer! And about to die, perhaps. Or grieving over some terrible thing like his own fate. MoaningвБ†вАФas he in spirit at least had so often moaned there in Bridgeburg. Crying like that! God! And there must be others!
And day after day and night after night more of this, no doubt, until, maybeвБ†вАФwho could tellвБ†вАФunless. But, oh, no! Oh, no! Not himselfвБ†вАФnot thatвБ†вАФnot his day. Oh, no. A whole year must elapse before that could possibly happenвБ†вАФor so Jephson had said. Maybe two. But, at thatвБ†вАФ!вБ†вАКвБ†вА¶ in two years!!! He found himself stricken with an ague because of the thought that even in so brief a time as two yearsвБ†вАКвБ†вА¶
That other room! It was in here somewhere too. This room was connected with it. He knew that. There was a door. It led to that chair. That chair.
And then the voice again, as before, вАЬOh, my God! Oh, my God!вАЭ
He sank to his couch and covered his ears with his hands.
XXIX
The вАЬdeath houseвАЭ in this particular prison was one of those crass erections and maintenances of human insensitiveness and stupidity principally for which no one primarily was really responsible. Indeed, its total plan and procedure were the results of a series of primary legislative enactments, followed by decisions and compulsions as devised by the temperaments and seeming necessities of various wardens, until at lastвБ†вАФby degrees and without anything worthy of the name of thinking on anyoneвАЩs partвБ†вАФthere had been gathered and was now being enforced all that could possibly be imagined in the way of unnecessary and really unauthorized cruelty or stupid and destructive torture. And to the end that a man, once condemned by a jury, would be compelled to suffer not alone the death for which his sentence called, but a thousand others before that. For the very room by its arrangement, as well as the rules governing the lives and actions of the inmates, was sufficient to bring about this torture, willy-nilly.
It was a room thirty by fifty feet, of stone and concrete and steel, and surmounted some thirty feet from the floor by a skylight. Presumably an improvement over an older and worse death house, with which it was still connected by a door, it was divided lengthwise by a broad passage, along which, on the ground floor, were twelve cells, six on a side and eight by ten each and facing each other. And above again a second tier of what were known as balcony cellsвБ†вАФfive on a side.
There was, however, at the center of this main passageвБ†вАФand dividing these lower cells equally as to numberвБ†вАФa second and narrower passage, which at one end gave into what was now known as the Old Death House (where at present only visitors to the inmates of the new Death House were received), and at the other into the execution room in which stood the electric chair. Two of the cells on the lower passageвБ†вАФthose at the junction of the narrower passageвБ†вАФfaced the execution-room door. The two opposite these, on the corresponding corners, faced the passage that gave into the Old Death House or what now by a large stretch of the imagination, could be called the condemned menвАЩs reception room, where twice weekly an immediate relative or a lawyer might be met. But no others.
In the Old Death House (or present reception room), the cells still there, and an integral part of this reception plan, were all in a row and on one side only of a corridor, thus preventing prying inspection by one inmate of another, and with a wire screen in front as well as green shades which might be drawn in front of each cell. For, in an older day, whenever a new convict arrived or departed, or took his daily walk, or went for his bath, or was led eventually through the little iron door to the west where formerly was the execution chamber, these shades were drawn. He was not supposed to be seen by his associates. Yet the old death house, because of this very courtesy and privacy, although intense solitude, was later deemed inhuman and hence this newer and better death house, as the thoughtful and condescending authorities saw it, was devised.
In this, to be sure, were no such small and gloomy cells as those which characterized the old, for there the ceiling was low and the sanitary arrangements wretched, whereas in the new one the ceiling was high, the rooms and corridors brightly lighted and in every instance no less than eight by ten feet in size. But by contrast with the older room, they had the enormous disadvantage of the unscreened if not uncurtained cell doors.
Besides, by housing all together in two such tiers as were here, it placed upon each convict the compulsion of enduring all the horrors of all the vicious, morbid or completely collapsed and despairing temperaments about him. No true privacy of any kind. By dayвБ†вАФa blaze of light pouring through an overarching skylight high above the walls. By nightвБ†вАФglistening incandescents of large size and power which flooded each nook and cranny of the various cells. No privacy, no games other than cards and checkersвБ†вАФthe only ones playable without releasing the prisoners from their cells. Books, newspapers, to be sure, for all who could read or enjoy them under the circumstances. And visitsвБ†вАФmornings and afternoons, as a rule, from a priest, and less regularly from a rabbi and a Protestant minister, each offering his sympathies or services to such as would accept them.
But the curse of the place was not because of these advantages, such as they were, but in spite of themвБ†вАФthis unremitted contact, as anyone could see, with minds now terrorized and discolored by the thought of an approaching death that was so near for many that it was as an icy hand upon the brow or shoulder. And noneвБ†вАФwhatever the bravadoвБ†вАФcapable of enduring it without mental or physical deterioration in some form. The gloomsвБ†вАФthe strainsвБ†вАФthe indefinable terrors and despairs that blew like winds or breaths about this place and depressed or terrorized all by turns! They were manifest at the most unexpected moments, by curses, sighs, tears even, calls for a songвБ†вАФfor GodвАЩs sake!вБ†вАФor the most unintended and unexpected yells or groans. Worse yet, and productive of perhaps the most grinding and destroying of all the miseries hereвБ†вАФthe transverse passage leading between the old death house on the one hand and the execution-chamber on the other. For this from time to timeвБ†вАФalas, how frequentlyвБ†вАФwas the scene or stage for at least a part of the tragedy that was here so regularly enactedвБ†вАФthe final business of execution.
For through this passage, on his last day, a man was transferred from his better cell in the new building, where he might have been incarcerated for so much as a year or two, to one of the older ones in the old death house, in order that he might spend his last hours in solitude, although compelled at the final moment, none-the-less (the death march), to retrace his steps along this narrower cross passageвБ†вАФand where all might seeвБ†вАФinto the execution chamber at the other end of it.
Also at any time, in going to visit a lawyer or relative brought into the old death house for this purpose, it was necessary to pass along the middle passage to this smaller one and so into the old death house, there to be housed in a cell, fronted by a wire screen two feet distant, between which and the cell proper a guard must sit while a prisoner and his guest (wife, son, mother, daughter, brother, lawyer) should converseвБ†вАФthe guard hearing all. No handclasps, no kisses, no friendly touches of any kindвБ†вАФnot even an intimate word that a listening guard might not hear. And when the fatal hour for anyone had at last arrived, every prisonerвБ†вАФif sinister or simple, sensitive or of rugged textureвБ†вАФwas actually if not intentionally compelled to hear if not witness the final preparationsвБ†вАФthe removal of the condemned man to one of the cells of the older death house, the final and perhaps weeping visit of a mother, son, daughter, father.
No thought in either the planning or the practice of all this of the unnecessary and unfair torture for those who were brought here, not to be promptly executed, by any means, but rather to be held until the higher courts should have passed upon the merits of their casesвБ†вАФan appeal.
At first, of course, Clyde sensed little if anything of all this. In so far as his first day was concerned, he had but tasted the veriest spoonful of it all. And to lighten or darken his burden his mother came at noon the very next day. Not having been permitted to accompany him, she had waited over for a final conference with Belknap and Jephson, as well as to write in full her personal impressions in connection with her sonвАЩs departureвБ†вАФ(Those nervously searing impressions!) And although anxious to find a room somewhere near the penitentiary, she hurried first to the office of the penitentiary immediately upon her arrival at Auburn and, after presenting an order from Justice Oberwaltzer as well as a solicitous letter from Belknap and Jephson urging the courtesy of a private interview with Clyde to begin with at least, she was permitted to see her son in a room entirely apart from the old death house. For already the warden himself had been reading of her activities and sacrifices and was interested in seeing not only her but Clyde also.
But so shaken was she by ClydeвАЩs so sudden and amazingly changed appearance here that she could scarcely speak upon his entrance, even in recognition of him, so blanched and gray were his cheeks and so shadowy and strained his eyes. His head clipped that way! This uniform! And in this dreadful place of iron gates and locks and long passages with uniformed guards at every turn!
For a moment she winced and trembled, quite faint under the strain, although previous to this she had entered many a jail and larger prisonвБ†вАФin Kansas City, Chicago, DenverвБ†вАФand delivered tracts and exhortations and proffered her services in connection with anything she might do. But thisвБ†вАФthis! Her own son! Her broad, strong bosom began to heave. She looked, and then turned her heavy, broad back to hide her face for the nonce. Her lips and chin quivered. She began to fumble in the small bag she carried for her handkerchief at the same time that she was muttering to herself: вАЬMy GodвБ†вАФwhy hast Thou forsaken me?вАЭ But even as she did so there came the thoughtвБ†вАФno, no, he must not see her so. What a way was this to doвБ†вАФand by her tears weaken him. And yet despite her great strength she could not now cease at once but cried on.
And Clyde seeing this, and despite his previous determination to bear up and say some comforting and heartening word to his mother, now began:
вАЬBut you mustnвАЩt, Ma. Gee, you mustnвАЩt cry. I know itвАЩs hard on you. But IвАЩll be all right. Sure I will. It isnвАЩt as bad as I thought.вАЭ Yet inwardly saying: вАЬOh, God how bad!вАЭ
And Mrs.¬†Griffiths adding aloud: вАЬMy poor boy! My beloved son! But we mustnвАЩt give way. No. No. вАШBehold I will deliver thee out of the snares of the wicked.вАЩ God has not deserted either of us. And He will notвБ†вАФthat I know. вАШHe leadeth me by the still waters.вАЩ вАШHe restoreth my soul.вАЩ We must put our trust in Him. Besides,вАЭ she added, briskly and practically, as much to strengthen herself as Clyde, вАЬhavenвАЩt I already arranged for an appeal? It is to be made yet this week. TheyвАЩre going to file a notice. And that means that your case canвАЩt even be considered under a year. But it is just the shock of seeing you so. You see, I wasnвАЩt quite prepared for it.вАЭ She straightened her shoulders and now looked up and achieved a brave if strained smile. вАЬThe warden here seems very kind, but still, somehow, when I saw you just nowвБ†вАФвАЭ
She dabbed at her eyes which were damp from this sudden and terrific storm, and to divert herself as well as him she talked of the so very necessary work before her. Messrs. Belknap and Jephson had been so encouraging to her just before she left. She had gone to their office and they had urged her and him to be of good cheer. And now she was going to lecture, and at once, and would soon have means to do with that way. Oh, yes. And Mr. Jephson would be down to see him one of these days soon. He was by no means to feel that the legal end of all this had been reached. Far from it. The recent verdict and sentence was sure to be reversed and a new trial ordered. The recent one was a farce, as he knew.
And as for herselfвБ†вАФas soon as she found a room near the prisonвБ†вАФshe was going to the principal ministers of Auburn and see if she could not secure a church, or two, or three, in which to speak and plead his cause. Mr.¬†Jephson was mailing her some information she could use within a day or two. And after that, other churches in Syracuse, Rochester, Albany, SchenectadyвБ†вАФin fact many cities in the eastвБ†вАФuntil she had raised the necessary sum. But she would not neglect him. She would see him at least once a week and would write him a letter every other day, or maybe even daily if she could. She would talk to the warden. So he must not despair. She had much hard work ahead of her, of course, but the Lord would guide her in all that she undertook. She knew that. Had He not already shown his gracious and miraculous mercy?
Clyde must pray for her and for himself. Read Isaiah. Read the PsalmsвБ†вАФthe 23rd and the 51st and 91st daily. Also Habbakuk. вАЬAre there walls against the Hand of the Lord?вАЭ And then after more tears, an utterly moving and macerating scene, at last achieving her departure while Clyde, shaken to his soul by so much misery, returned to his cell. His mother. And at her ageвБ†вАФand with so little moneyвБ†вАФshe was going out to try to raise the money necessary to save him. And in the past he had treated her so badlyвБ†вАФas he now saw.
He sat down on the side of his cot and held his head in his hands the while outside the prisonвБ†вАФthe iron door of the same closed and only a lonely room and the ordeal of her proposed lecture tour ahead of herвБ†вАФMrs.¬†Griffiths pausedвБ†вАФby no means so assured or convinced of all she had said to Clyde. To be sure God would aid her. He must. Had He ever failed her yetвБ†вАФcompletely? And nowвБ†вАФherein her darkest hour, her sonвАЩs! Would He?
She paused for a moment a little later in a small parking-place, beyond the prison, to stare at the tall, gray walls, the watch towers with armed guards in uniform, the barred windows and doors. A penitentiary. And her son was now withinвБ†вАФworse yet, in that confined and narrow death house. And doomed to die in an electric chair. UnlessвБ†вАФunlessвБ†вАФBut, no, noвБ†вАФthat should not be. It could not be. That appeal. The money for it. She must busy herself as to that at onceвБ†вАФnot think or brood or despair. Oh, no. вАЬMy shield and my buckler.вАЭ вАЬMy Light and my Strength.вАЭ вАЬOh, Lord, Thou art my strength and my deliverance. In Thee will I trust.вАЭ And then dabbing at her eyes once more and adding: вАЬOh, Lord, I believe. Help Thou mine unbelief.вАЭ
So Mrs. Griffiths, alternately praying and crying as she walked.
XXX
But after this the long days in prison for Clyde. Except for a weekly visit from his mother, who, once she was entered upon her work, found it difficult to see him more often than thatвБ†вАФtraveling as she did in the next two months between Albany and Buffalo and even New York CityвБ†вАФbut without the success she had at first hoped for. For in the matter of her appeal to the churches and the publicвБ†вАФas most wearily (and in secret if not to Clyde)вБ†вАФand after three weeks of more or less regional and purely sectarian trying, she was compelled to report the Christians at least were very indifferentвБ†вАФnot as Christian as they should be. For as all, but more particularly the ministers of the region, since they most guardedly and reservedly represented their congregations in every instance, unanimously saw it, here was a notorious and, of course, most unsavory trial which had resulted in a conviction with which the more conservative element of the countryвБ†вАФif one could judge by the papers at least, were in agreement.
Besides who was this womanвБ†вАФas well as her son? An exhorterвБ†вАФa secret preacherвБ†вАФone, who in defiance of all the tenets and processes of organized and historic, as well as hieratic, religious powers and forms (theological seminaries, organized churches and their affiliations and productвБ†вАФall carefully and advisedly and legitimately because historically and dogmatically interpreting the word of God) choosing to walk forth and without ordination after any fashion conduct an unauthorized and hence nondescript mission. Besides if she had remained at home, as a good mother should, and devoted herself to her son, as well as to her other childrenвБ†вАФtheir care and educationвБ†вАФwould thisвБ†вАФhave happened?
And not only thatвБ†вАФbut according to ClydeвАЩs own testimony in this trial, had he not been guilty of adultery with this girlвБ†вАФwhether he had slain her or not? A sin almost equal to murder in many minds. Had he not confessed it? And was an appeal for a convicted adultererвБ†вАФif not murderer (who could tell as to that?) to be made in a church? NoвБ†вАФno Christian church was the place to debate, and for a charge, the merits of this case, however much each Christian of each and every church might sympathize with Mrs.¬†Griffiths personallyвБ†вАФor resent any legal injustice that might have been done her son. No, no. It was not morally advisable. It might even tend to implant in the minds of the young some of the details of the crime.
Besides, because of what the newspapers had said of her coming east to aid her son and the picture that she herself presented in her homely garb, it was assumed by most ministers that she was one of those erratic persons, not a constituent of any definite sect, or schooled theology, who tended by her very appearance to cast contempt on true and pure religion.
And in consequence, each in turnвБ†вАФnot hardening his heart exactlyвБ†вАФbut thinking twiceвБ†вАФand deciding noвБ†вАФthere must be some better wayвБ†вАФless troublesome to ChristiansвБ†вАФa public hall, perhaps, to which Christians, if properly appealed to through the press, might well repair. And so Mrs.¬†Griffiths, in all but one instance, rejected in that fashion and told to go elsewhereвБ†вАФwhile in regard to the CatholicsвБ†вАФinstinctivelyвБ†вАФbecause of prejudiceвБ†вАФas well as a certain dull wisdom not inconsistent with the factsвБ†вАФshe failed even to so much as think of them. The mercies of Christ as interpreted by the holder of the sacred keys of St.¬†Peter, as she knew, were not for those who failed to acknowledge the authority of the Vicar of Christ.
And therefore after many days spent in futile knockings here and there she was at last compelledвБ†вАФand in no little depression, to appeal to a Jew who controlled the principal moving picture theater of UticaвБ†вАФa sinful theater. And from him, this she secured free for a morning address on the merits of her sonвАЩs caseвБ†вАФвАЬA motherвАЩs appeal for her son,вАЭ it was entitledвБ†вАФwhich netted her, at twenty-five cents per personвБ†вАФthe amazing sum of two hundred dollars. At first this sum, small as it was, so heartened her that she was now convinced that soonвБ†вАФwhatever the attitude of the orthodox ChristiansвБ†вАФshe would earn enough for ClydeвАЩs appeal. It might take timeвБ†вАФbut she would.
Nevertheless, as she soon discovered, there were other factors to be consideredвБ†вАФcarfare, her own personal expenses in Utica and elsewhere, to say nothing of certain very necessary sums to be sent to Denver to her husband, who had little or nothing to go on at present, and who, because of this very great tragedy in the family, had been made illвБ†вАФso ill indeed that the letters from Frank and Julia were becoming very disturbing. It was possible that he might not get well at all. Some help was necessary there.
And in consequence, in addition to paying her own expenses here, Mrs.¬†Griffiths was literally compelled to deduct other reducing sums from this, her present and only source of income. It was terribleвБ†вАФconsidering ClydeвАЩs predicamentвБ†вАФbut nevertheless must she not sustain herself in every way in order to win to victory? She could not reasonably abandon her husband in order to aid Clyde alone.
Yet in the face of thisвБ†вАФas time went on, the audiences growing smaller and smaller until at last they constituted little more than a handfulвБ†вАФand barely paying her expensesвБ†вАФalthough through this process none-the-less she finally managed to put asideвБ†вАФover and above all her expensesвБ†вАФeleven hundred dollars.
Yet, also, just at this time, and in a moment of extreme anxiety, Frank and Julia wiring her that if she desired to see Asa again she had better come home at once. He was exceedingly low and not expected to live. Whereupon, played upon by these several difficulties and there being no single thing other than to visit him once or twice a weekвБ†вАФas her engagements permittedвБ†вАФwhich she could do for Clyde, she now hastily conferred with Belknap and Jephson, setting forth her extreme difficulties.
And these, seeing that eleven hundred dollars of all she had thus far collected was to be turned over to them, now, in a burst of humanity, advised her to return to her husband. Decidedly Clyde would do well enough for the present seeing that there was an entire yearвБ†вАФor at least ten months before it was necessary to file the record and the briefs in the case. In addition another year assuredly must elapse before a decision could be reached. And no doubt before that time the additional part of the appeal fee could be raised. Or, if notвБ†вАФwell, thenвБ†вАФanyhow (seeing how worn and distrait she was at this time) she need not worry. Messrs. Belknap and Jephson would see to it that her sonвАЩs interests were properly protected. They would file an appeal and make an argumentвБ†вАФand do whatever else was necessary to insure her son a fair hearing at the proper time.
And with that great burden off her mindвБ†вАФand two last visits to Clyde in which she assured him of her determination to return as speedily as possibleвБ†вАФonce Asa was restored to strength again and she could see her way to financing such a returnвБ†вАФshe now departed only to find that, once she was in Denver once more, it was not so easy to restore him by any means.
And in the meantime Clyde was left to cogitate on and make the best of a world that at its best was a kind of inferno of mental illsвБ†вАФabove whichвБ†вАФas above DanteвАЩs might have been writtenвБ†вАФвАЬabandon hopeвБ†вАФye who enter here.вАЭ
The somberness of it. Its slow and yet searing psychic force! The obvious terror and depressionвБ†вАФconstant and unshakeable of those who, in spite of all their courage or their fears, their bravado or their real indifference (there were even those) were still compelled to think and wait. For, now, in connection with this coldest and bitterest form of prison life he was in constant psychic, if not physical contact, with twenty other convicted characters of varying temperaments and nationalities, each one of whom, like himself, had responded to some heat or lust or misery of his nature or his circumstances. And with murder, a mental as well as physical explosion, as the final outcome or concluding episode which, being detected, and after what horrors and wearinesses of mental as well as legal contest and failure, such as fairly paralleled his own, now found themselves islandedвБ†вАФimmuredвБ†вАФin one or another of these twenty-two iron cages and awaitingвБ†вАФawaiting what?
How well they knew. And how well he knew. And here with what loud public rages and despairs or prayersвБ†вАФat times. At othersвБ†вАФwhat cursesвБ†вАФfoal or coarse jestsвБ†вАФor tales addressed to allвБ†вАФor ribald laughterвБ†вАФor sighings and groanings in these later hours when the straining spirit having struggled to silence, there was supposedly rest for the body and the spirit.
In an exercise court, beyond the farthermost end of the long corridor, twice daily, for a few minutes each time, between the hours of ten and fiveвБ†вАФthe various inmates in groups of five or six were led forthвБ†вАФto breathe, to walk, to practice calisthenicsвБ†вАФor run and leap as they chose. But always under the watchful eyes of sufficient guards to master them in case they attempted rebellion in any form. And to this it was, beginning with the second day, that Clyde himself was led, now with one set of men and now with another. But with the feeling at first strong in him that he could not share in any of these public activities which, nevertheless, these othersвБ†вАФand in spite of their impending doomвБ†вАФseemed willing enough to indulge in.
The two dark-eyed sinister-looking Italians, one of whom had slain a girl because she would not marry him; the other who had robbed and then slain and attempted to burn the body of his father-in-law in order to get money for himself and his wife! And big Larry DonahueвБ†вАФsquare-headed, square-shoulderedвБ†вАФbig of feet and hands, an overseas soldier, who, being ejected from a job as night watchman in a Brooklyn factory, had lain for the foreman who had discharged himвБ†вАФand then killed him on an open common somewhere at night, but without the skill to keep from losing a service medal which had eventually served to betray and identify him. Clyde had learned all this from the strangely indifferent and noncommittal, yet seemingly friendly guards, who were over these cells by night and by dayвБ†вАФtwo and two, turn aboutвБ†вАФwho relieved each other every eight hours. And police officer Riordan of Rochester, who had killed his wife because she was determined to leave himвБ†вАФand now, himself, was to die. And Thomas Mowrer, the young вАЬfarmerвАЭ or farm hand, as he really was, whom Clyde on his first night had heard moaningвБ†вАФa man who had killed his employer with a pitchforkвБ†вАФand was soon to die nowвБ†вАФas Clyde heard, and who walked and walked, keeping close to the wallвБ†вАФhis head down, his hands behind his backвБ†вАФa rude, strong, loutish man of about thirty, who looked more beaten and betrayed than as though he had been able to torture or destroy another. Clyde wondered about himвБ†вАФhis real guilt.
Again Miller Nicholson, a lawyer of Buffalo of perhaps forty years of age who was tall and slim and decidedly superior lookingвБ†вАФa refined, intellectual type, one you would have said was no murdererвБ†вАФany more than ClydeвБ†вАФto look at, who, none-the-less was convicted of poisoning an old man of great wealth and afterwards attempting to convert his fortune to his own use. Yet decidedly with nothing in his look or manner, as Clyde felt, at least, which marked him as one so evilвБ†вАФa polite and courteous man, who, noting Clyde on the very first morning of his arrival here, approached and said: вАЬScared?вАЭ But in the most gentle and solicitous tone, as Clyde could hear and feel, even though he stood blank and icyвБ†вАФafraid almost to moveвБ†вАФor think. Yet in this moodвБ†вАФand because he felt so truly done for, replying: вАЬYes, I guess I am.вАЭ But once it was out, wondering why he had said it (so weak a confession) and afterwards something in the man heartening him, wishing that he had not.
вАЬYour nameвАЩs Griffiths, isnвАЩt it?вАЭ
вАЬYes.вАЭ
вАЬWell, my nameвАЩs Nicholson. DonвАЩt be frightened. YouвАЩll get used to it.вАЭ He achieved a cheerful, if wan smile. But his eyesвБ†вАФthey did not seem like thatвБ†вАФno smile there.
вАЬI donвАЩt suppose IвАЩm so scared either,вАЭ replied Clyde, trying to modify his first, quick and unintended confession.
вАЬWell, thatвАЩs good. Be game. We all have to be hereвБ†вАФor the whole place would go crazy. Better breathe a little. Or walk fast. ItвАЩll do you good.вАЭ
He moved away a few paces and began exercising his arms while Clyde stood there, sayingвБ†вАФalmost loudlyвБ†вАФso shaken was he still: вАЬWe all have to be or the whole place would go crazy.вАЭ That was true, as he could see and feel after that first night. Crazy, indeed. Tortured to death, maybe, by being compelled to witness these terrible and completely destroyingвБ†вАФand for eachвБ†вАФimpending tragedies. But how long would he have to endure this? How long would he?
In the course of a day or two, again he found this death house was not quite like that eitherвБ†вАФnot all terrorвБ†вАФon the surface at least. It was in realityвБ†вАФand in spite of impending death in every instance, a place of taunt and jibe and jestвБ†вАФeven games, athletics, the stageвБ†вАФall forms of human contest of skillвБ†вАФor the arguments on every conceivable topic from death and women to lack of it, as far at least as the general low intelligence of the group permitted.
For the most part, as soon as breakfast was overвБ†вАФamong those who were not called upon to join the first group for exercise, there were checkers or cards, two games that were playedвБ†вАФnot with a single set of checkers or a deck of cards between groups released from their cells, but by one of the ever present keepers providing two challenging prisoners (if it were checkers) with one checkerboard but no checkers. They were not needed. Thereafter the opening move was called by one. вАЬI move from G 2 to E 1вАЭвБ†вАФeach square being numberedвБ†вАФeach side lettered. The moves checked with a pencil.
Thereafter the second partyвБ†вАФhaving recorded this move on his own board and having studied the effect of it on his own general position, would call: вАЬI move from E 7 to F 5.вАЭ If more of those present decided to join in thisвБ†вАФeither on one side or the other, additional boards and pencils were passed to each signifying his desire. Then Shorty Bristol, desiring to aid вАЬDutchвАЭ Swighort, three cells down, might call: вАЬI wouldnвАЩt do that, Dutch. Wait a minute, thereвАЩs a better move than that.вАЭ And so on with taunts, oaths, laughter, arguments, according to the varying fortunes and difficulties of the game. And so, too, with cards. These were played with each man locked in his cell, yet quite as successfully.
But Clyde did not care for cardsвБ†вАФor for these jibing and coarse hours of conversation. There was for himвБ†вАФand with the exception of the speech of oneвБ†вАФNicholsonвБ†вАФalone, too much ribald and even brutal talk which he could not appreciate. But he was drawn to Nicholson. He was beginning to think after a timeвБ†вАФa few daysвБ†вАФthat this lawyerвБ†вАФhis presence and companionship during the exercise hourвБ†вАФwhenever they chanced to be in the same setвБ†вАФcould help him to endure this. He was the most intelligent and respectable man here. The others were all so differentвБ†вАФtaciturn at timesвБ†вАФand for the most part so sinister, crude or remote.
But then and that not more than a week after his coming hereвБ†вАФand when, because of his interest in Nicholson, he was beginning to feel slightly sustained at leastвБ†вАФthe execution of Pasquale Cutrone, of Brooklyn, an Italian, convicted of the slaying of his brother for attempting to seduce his wife. He had one of the cells nearest the transverse passage, so Clyde learned after arriving, and had in part lost his mind from worrying. At any rate he was invariably left in his cell when the othersвБ†вАФin groups of sixвБ†вАФwere taken for exercise. But the horror of his emaciated face, as Clyde passed and occasionally looked inвБ†вАФa face divided into three grim panels by two gutters or prison lines of misery that led from the eyes to the corners of the mouth.
Beginning with his, ClydeвАЩs arrival, as he learned, Pasquale had begun to pray night and day. For already, before that, he had been notified of the approximate date of his death which was to be within the week. And after that he was given to crawling up and down his cell on his hands and knees, kissing the floor, licking the feet of a brass Christ on a cross that had been given him. Also he was repeatedly visited by an Italian brother and sister fresh from Italy and for whose benefit at certain hours, he was removed to the old death house. But as all now whispered, Pasquale was mentally beyond any help that might lie in brothers or sisters.
All night long and all day long, when they were not present, he did this crawling to and fro and praying, and those who were awake and trying to read to pass the time, were compelled to listen to his mumbled prayers, the click of the beads of a rosary on which he was numbering numberless Our Fathers and Hail Marys.
And though there were voices which occasionally said: вАЬOh, for ChristвАЩs sakeвБ†вАФif he would only sleep a littleвАЭвБ†вАФstill on, on. And the tap of his forehead on the floorвБ†вАФin prayer, until at last the fatal day preceding the one on which he was to die, when Pasquale was taken from his cell here and escorted to another in the old death house beyond and where, before the following morning, as Clyde later learned, last farewells, if any, were to be said. Also he was to be allowed a few hours in which to prepare his soul for his maker.
But throughout that night what a strange condition was this that settled upon all who were of this fatal room. Few ate any supper as the departing trays showed. There was silenceвБ†вАФand after that mumbled prayers on the part of someвБ†вАФnot so greatly removed by time from PasqualeвАЩs fate, as they knew. One Italian, sentenced for the murder of a bank watchman, became hysterical, screamed, dashed the chair and table of his cell against the bars of his door, tore the sheets of his bed to shreds and even sought to strangle himself before eventually he was overpowered and removed to a cell in a different part of the building to be observed as to his sanity.
As for the others, throughout this excitement, one could hear them walking and mumbling or calling to the guards to do something. And as for Clyde, never having experienced or imagined such a scene, he was literally shivering with fear and horror. All through the last night of this manвАЩs life he lay on his pallet, chasing phantoms. So this was what death was like here; men cried, prayed, they lost their mindsвБ†вАФyet the deadly process was in no way halted, for all their terror. Instead, at ten oвАЩclock and in order to quiet all those who were left, a cold lunch was brought in and offeredвБ†вАФbut with none eating save the Chinaman over the way.
And then at four the following morningвБ†вАФthe keepers in charge of the deadly work coming silently along the main passage and drawing the heavy green curtains with which the cells were equipped so that none might see the fatal procession which was yet to return along the transverse passage from the old death house to the execution room. And yet with Clyde and all the others waking and sitting up at the sound.
It was here, the execution! The hour of death was at hand. This was the signal. In their separate cells, many of those who through fear or contrition, or because of innate religious convictions, had been recalled to some form of shielding or comforting faith, were upon their knees praying. Among the rest were others who merely walked or muttered. And still others who screamed from time to time in an incontrollable fever of terror.
As for Clyde he was numb and dumb. Almost thoughtless. They were going to kill that man in that other room in there. That chairвБ†вАФthat chair that he had so greatly feared this long while was in thereвБ†вАФwas so close now. Yet his time as Jephson and his mother had told him was so long and distant as yetвБ†вАФif everвБ†вАФever it was to beвБ†вАФif everвБ†вАФeverвБ†вАФ
But now other sounds. Certain walkings to and fro. A cell door clanking somewhere. Then plainly the door leading from the old death house into this room openingвБ†вАФfor there was a voiceвБ†вАФseveral voices indistinct as yet. Then another voice a little clearer as if someone praying. That telltale shuffling of feet as a procession moved across and through that passage. вАЬLord have mercy. Christ have mercy.вАЭ
вАЬMary, Mother of Grace, Mary, Mother of Mercy, St.¬†Michael, pray for me; my good Angel, pray for me.вАЭ
вАЬHoly Mary, pray for me; St.¬†Joseph, pray for me. St.¬†Ambrose, pray for me; all ye saints and angels, pray for me.вАЭ
вАЬSt.¬†Michael, pray for me; my good Angel, pray for me.вАЭ
It was the voice of the priest accompanying the doomed man and reciting a litany. Yet he was no longer in his right mind they said. And yet was not that his voice mumbling too? It was. Clyde could tell. He had heard it too much recently. And now that other door would be opened. He would be looking through itвБ†вАФthis condemned manвБ†вАФso soon to be deadвБ†вАФat itвБ†вАФseeing itвБ†вАФthat capвБ†вАФthose straps. Oh, he knew all about those by now though they should never come to be put upon him, maybe.
вАЬGoodbye, Cutrone!вАЭ It was a hoarse, shaky voice from some nearby cellвБ†вАФClyde could not tell which. вАЬGo to a better world than this.вАЭ And then other voices: вАЬGoodbye, Cutrone. God keep youвБ†вАФeven though you canвАЩt talk English.вАЭ
The procession had passed. That door was shut. He was in there now. They were strapping him in, no doubt. Asking him what more he had to sayвБ†вАФhe who was no longer quite right in his mind. Now the straps must be fastened on, surely. The cap pulled down. In a moment, a moment, surelyвБ†вАФ
And then, although Clyde did not know or notice at the momentвБ†вАФa sudden dimming of the lights in this roomвБ†вАФas well as over the prisonвБ†вАФan idiotic or thoughtless result of having one electric system to supply the death voltage and the incandescence of this and all other rooms. And instantly a voice calling:
вАЬThere she goes. ThatвАЩs one. Well, itвАЩs all over with him.вАЭ
And a second voice: вАЬYes, heвАЩs topped off, poor devil.вАЭ
And then after the lapse of a minute perhaps, a second dimming lasting for thirty secondsвБ†вАФand finally a third dimming.
вАЬThereвБ†вАФsureвБ†вАФthatвАЩs the end now.вАЭ
вАЬYes. He knows whatвАЩs on the other side now.вАЭ
Thereafter silenceвБ†вАФa deadly hush with later some murmured prayers here and there. But with Clyde cold and with a kind of shaking ague. He dared not thinkвБ†вАФlet alone cry. So thatвАЩs how it was. They drew the curtains. And thenвБ†вАФand then. He was gone now. Those three dimmings of the lights. Sure, those were the flashes. And after all those nights at prayer. Those moanings! Those beatings of his head! And only a minute ago he had been aliveвБ†вАФwalking by there. But now dead. And some day heвБ†вАФhe!вБ†вАФhow could he be sure that he would not? How could he?
He shook and shook, lying on his couch, face down. The keepers came and ran up the curtainsвБ†вАФas sure and secure in their lives apparently as though there was no death in the world. And afterwards he could hear them talkingвБ†вАФnot to him so muchвБ†вАФhe had proved too reticent thus farвБ†вАФbut to some of the others.
Poor Pasquale. This whole business of the death penalty was all wrong. The warden thought so. So did they. He was working to have it abolished.
But that man! His prayers! And now he was gone. His cell over there was empty and another man would be put in itвБ†вАФto go too, later. SomeoneвБ†вАФmanyвБ†вАФlike Cutrone, like himselfвБ†вАФhad been in this oneвБ†вАФon this pallet. He sat upвБ†вАФmoved to the chair. But heвБ†вАФtheyвБ†вАФhad sat on thatвБ†вАФtoo. He stood upвБ†вАФonly to sink down on the pallet again. вАЬGod! God! God! God!вАЭ he now exclaimed to himselfвБ†вАФbut not aloudвБ†вАФand yet not unlike that other man who had so terrorized him on the night of his arrival here and who was still here. But he would go too. And all of these othersвБ†вАФand himself maybeвБ†вАФunlessвБ†вАФunless.
He had seen his first man die.
XXXI
In the meantime, however, AsaвАЩs condition had remained serious, and it was four entire months before it was possible for him to sit up again or for Mrs.¬†Griffiths to dream of resuming her lecturing scheme. But by that time, public interest in her and her sonвАЩs fate was considerably reduced. No Denver paper was interested to finance her return for anything she could do for them. And as for the public in the vicinity of the crime, it remembered Mrs.¬†Griffiths and her son most clearly, and in so far as she was concerned, sympatheticallyвБ†вАФbut only, on the other hand, to think of him as one who probably was guilty and in that case, being properly punished for his crimeвБ†вАФthat it would be as well if an appeal were not takenвБ†вАФorвБ†вАФif it wereвБ†вАФthat it be refused. These guilty criminals with their interminable appeals!
And with Clyde where he was, more and more executionsвБ†вАФalthough as he foundвБ†вАФand to his invariable horror, no one ever became used to such things there; farmhand Mowrer for the slaying of his former employer; officer Riordan for the slaying of his wifeвБ†вАФand a fine upstanding officer too but a minute before his death; and afterwards, within the month, the going of the Chinaman, who seemed, for some reason, to endure a long time (and without a word in parting to anyoneвБ†вАФalthough it was well known that he spoke a few words of English). And after him Larry Donahue, the overseas soldierвБ†вАФwith a grand callвБ†вАФjust before the door closed behind: вАЬGoodbye boys. Good luck.вАЭ
And after him againвБ†вАФbut, ohвБ†вАФthat was so hard; so much closer to ClydeвБ†вАФso depleting to his strength to think of bearing this deadly life here withoutвБ†вАФMiller NicholsonвБ†вАФno less. For after five months in which they had been able to walk and talk and call to each other from time to time from their cells and Nicholson had begun to advise him as to books to readвБ†вАФas well as one important point in connection with his own caseвБ†вАФon appealвБ†вАФor in the event of any second trial, i.e.вБ†вАФthat the admission of RobertaвАЩs letters as evidence, as they stood, at least, be desperately fought on the ground that the emotional force of them was detrimental in the case of any jury anywhere, to a calm unbiased consideration of the material facts presented by themвБ†вАФand that instead of the letters being admitted as they stood they should be digested for the facts alone and that digestвБ†вАФand that only offered to the jury. вАЬIf your lawyers can get the Court of Appeals to agree to the soundness of that you will win your case sure.вАЭ
And Clyde at once, after inducing a personal visit on the part of Jephson, laying this suggestion before him and hearing him say that it was sound and that he and Belknap would assuredly incorporate it in their appeal.
Yet not so long after that the guard, after locking his door on returning from the courtyard whispered, with a nod in the direction of NicholsonвАЩs cell, вАЬHis next. Did he tell you? Within three days.вАЭ
And at once Clyde shrivelingвБ†вАФthe news playing upon him as an icy and congealing breath. For he had just come from the courtyard with him where they had walked and talked of another man who had just been brought inвБ†вАФa Hungarian of Utica who was convicted of burning his paramourвБ†вАФin a furnaceвБ†вАФthen confessing itвБ†вАФa huge, rough, dark, ignorant man with a face like a gargoyle. And Nicholson saying he was more animal than man, he was sure. Yet no word about himself. And in three days! And he could walk and talk as though there was nothing to happen, although, according to the guard, he had been notified the night before.
And the next day the sameвБ†вАФwalking and talking as though nothing had happenedвБ†вАФlooking up at the sky and breathing the air. Yet Clyde, his companion, too sick and feverishвБ†вАФtoo awed and terrified from merely thinking on it all night to be able to say much of anything as he walked but thinking: вАЬAnd he can walk here. And be so calm. What sort of a man is this?вАЭ and feeling enormously overawed and weakened.
The following morning Nicholson did not appearвБ†вАФbut remained in his cell destroying many letters he had received from many places. And near noon, calling to Clyde who was two cells removed from him on the other side: вАЬIвАЩm sending you something to remember me by.вАЭ But not a word as to his going.
And then the guard bringing two booksвБ†вАФRobinson Crusoe and the Arabian Nights. That night NicholsonвАЩs removal from his cellвБ†вАФand the next morning before dawn the curtains; the same procession passing through, which was by now an old story to Clyde. But somehow this was so differentвБ†вАФso intimateвБ†вАФso cruel. And as he passed, calling: вАЬGod bless you all. I hope you have good luck and get out.вАЭ And then that terrible stillness that followed the passing of each man.
And Clyde thereafterвБ†вАФlonelyвБ†вАФterribly so. Now there was no one hereвБ†вАФno oneвБ†вАФin whom he was interested. He could only sit and readвБ†вАФand thinkвБ†вАФor pretend to be interested in what these others said, for he could not really be interested in what they said. His was a mind that, freed from the miseries that had now befallen him, was naturally more drawn to romance than to reality. Where he read at all he preferred the light, romantic novel that pictured some such world as he would have liked to share, to anything that even approximated the hard reality of the world without, let alone this. Now what was going to become of him eventually? So alone was he! Only letters from his mother, brother and sisters. And Asa getting no better, and his mother not able to return as yetвБ†вАФthings were so difficult there in Denver. She was seeking a religious school in which to teach somewhereвБ†вАФwhile nursing Asa. But she was asking the Rev. Duncan McMillan, a young minister whom she had encountered in Syracuse, in the course of her work there, to come and see him. He was so spiritual and so kindly. And she was sure, if he would but come, that Clyde would find him a helpful and a strong support in these, his dark and weary hours when she could no longer be with him herself.
For while Mrs.¬†Griffiths was first canvassing the churches and ministers of this section for aid for her son, and getting very little from any quarter, she had met the Rev. Duncan McMillan in Syracuse, where he was conducting an independent, nonsectarian church. He was a young, and like herself or Asa, unordained minister or evangelist of, however, far stronger and more effective temperament religiously. At the time Mrs.¬†Griffiths appeared on the scene, he had already read much concerning Clyde and RobertaвБ†вАФand was fairly well satisfied that, by the verdict arrived at, justice had probably been done. However, because of her great sorrow and troubled search for aid he was greatly moved.
He, himself, was a devoted son. And possessing a highly poetic and emotional though so far repressed or sublimated sex nature, he was one who, out of many in this northern region, had been touched and stirred by the crime of which Clyde was presumed to be guilty. Those highly emotional and tortured letters of RobertaвАЩs! Her seemingly sad life at Lycurgus and Biltz! How often he had thought of those before ever he had encountered Mrs.¬†Griffiths. The simple and worthy virtues which Roberta and her family had seemingly represented in that romantic, pretty country world from which they had derived. Unquestionably Clyde was guilty. And yet here, suddenly, Mrs.¬†Griffiths, very lorn and miserable and maintaining her sonвАЩs innocence. At the same time there was Clyde in his cell doomed to die. Was it possible that by any strange freak or circumstanceвБ†вАФa legal mistake had been made and Clyde was not as guilty as he appeared?
The temperament of McMillan was exceptionalвБ†вАФtense, exotic. A present hour St.¬†Bernard, Savonarola, St.¬†Simeon, Peter the Hermit. Thinking of life, thought, all forms and social structures as the word, the expression, the breath of God. No less. Yet room for the Devil and his angerвБ†вАФthe expelled LuciferвБ†вАФgoing to and fro in the earth. Yet, thinking on the Beatitudes, on the Sermon on the Mount, on St.¬†John and his direct seeing and interpretation of Christ and God. вАЬHe that is not with me is against me; and he that gathereth not with me, scattereth.вАЭ A strange, strong, tense, confused, merciful and too, after his fashion beautiful soul; sorrowing with misery yearning toward an impossible justice.
Mrs.¬†Griffiths in her talks with him had maintained that he was to remember that Roberta was not wholly guiltless. Had she not sinned with her son? And how was he to exculpate her entirely? A great legal mistake. Her son was being most unjustly executedвБ†вАФand by the pitiful but none-the-less romantic and poetic letters of this girl which should never have been poured forth upon a jury of men at all. They were, as she now maintained, incapable of judging justly or fairly where anything sad in connection with a romantic and pretty girl was concerned. She had found that to be true in her mission work.
And this idea now appealed to the Rev. Duncan as important and very likely true. And perhaps, as she now contended, if only some powerful and righteous emissary of God would visit Clyde and through the force of his faith and GodвАЩs word make him seeвБ†вАФwhich she was sure he did not yet, and which she in her troubled state, and because she was his mother, could not make himвБ†вАФthe blackness and terror of his sin with Roberta as it related to his immortal soul here and hereafterвБ†вАФthen in gratitude to, reverence and faith in God, would be washed away, all his iniquity, would it not? For irrespective of whether he had committed the crime now charged against him or notвБ†вАФand she was convinced that he had notвБ†вАФwas he not, nevertheless, in the shadow of the electric chairвБ†вАФin danger at any time through death (even before a decision should be reached) of being called before his makerвБ†вАФand with the deadly sin of adultery, to say nothing of all his lies and false conduct, not only in connection with Roberta but that other girl there in Lycurgus, upon him? And by conversion and contrition should he not be purged of this? If only his soul were savedвБ†вАФshe and he too would be at peace in this world.
And after a first and later a second pleading letter from Mrs.¬†Griffiths, in which, after she had arrived at Denver, she set forth ClydeвАЩs loneliness and need of counsel and aid, the Rev. Duncan setting forth for Auburn. And once thereвБ†вАФhaving made it clear to the warden what his true purpose wasвБ†вАФthe spiritual salvation of ClydeвАЩs soul, for his own, as well as his mother and GodвАЩs sake, he was at once admitted to the death house and to ClydeвАЩs presenceвБ†вАФthe very door of his cell, where he paused and looked through, observing Clyde lying most wretchedly on his cot trying to read. And then McMillan outlining his tall, thin figure against the bars and without introduction of any kind, beginning, his head bowed in prayer:
вАЬHave mercy upon me, O God, according to Thy loving-kindness; according unto the multitude of Thy tender mercies, blot out my transgressions.вАЭ
вАЬWash me thoroughly from my iniquity and cleanse me from my sin.вАЭ
вАЬFor I acknowledge my transgressions, and my sin is ever before me.вАЭ
вАЬAgainst Thee, Thee only have I sinned, and done this evil in Thy sight, that Thou mightest be justified when Thou speakest and be clear when Thou judgest.вАЭ
вАЬBehold, I was shapen in iniquity; and in sin did my mother conceive me.вАЭ
вАЬBehold, Thou desireth truth in the inward parts; and in the hidden part Thou shalt make me to know wisdom.вАЭ
вАЬPurge me with hyssop, and I shall be clean; wash me, and I shall be whiter than snow.вАЭ
вАЬMake me to hear joy and gladness; that the bones which Thou hast broken may rejoice.вАЭ
вАЬHide Thy face from my sins, and blot out all mine iniquities.вАЭ
вАЬCreate in me a clean heart, O God; and renew a right spirit within me.вАЭ
вАЬCast me not away from Thy presence; and take not Thy holy spirit away from me.вАЭ
вАЬRestore unto me the joy of Thy salvation, and uphold me with Thy free spirit.вАЭ
вАЬThen will I teach transgressors Thy ways; and sinners will be converted unto Thee.вАЭ
вАЬDeliver me from blood guiltiness, O God, thou God of my salvation, and my tongue shall sing aloud of Thy righteousness.вАЭ
вАЬO Lord, open Thou my lips; and my mouth shall show forth Thy praise.вАЭ
вАЬFor Thou desirest not sacrifice; else would I give it; Thou delightest not in burnt offering.вАЭ
вАЬThe sacrifices of God are a broken spirit; a broken and a contrite heart, O God, Thou wilt not despise.вАЭ
He pausedвБ†вАФbut only after he had intoned, and in a most sonorous and really beautiful voice the entire 51st Psalm. And then looking up, because Clyde, much astonished, had first sat up and then risenвБ†вАФand curiously enticed by the clean and youthful and vigorous if pale figure had approached nearer the cell door, he now added:
вАЬI bring you, Clyde, the mercy and the salvation of your God. He has called on me and I have come. He has sent me that I may say unto you though your sins be as scarlet, they shall be whiteвБ†вАФlike snow. Though they be red, like crimson, they shall be as wool. Come now, let us reason together with the Lord.вАЭ
He paused and stared at Clyde tenderly. A warm, youthful, half smile, half romantic, played about his lips. He liked the youth and refinement of Clyde, who, on his part was plainly taken by this exceptional figure. Another religionist, of course. But the Protestant chaplain who was here was nothing like this manвБ†вАФneither so arresting nor attractive.
вАЬDuncan McMillan is my name,вАЭ he said, вАЬand I come from the work of the Lord in Syracuse. He has sent meвБ†вАФjust as he sent your mother to me. She has told me all that she believes. I have read all that you have said. And I know why you are here. But it is to bring you spiritual joy and gladness that I am here.вАЭ
And he suddenly quoted from Psalms 13:2, вАЬвАКвАШHow shall I take counsel in my soul, having sorrow in my heart, daily.вАЩ That is from Psalms 13:2. And here is another thing that now comes to me as something that I should say to you. It is from the Bible, tooвБ†вАФthe Tenth Psalm: вАШHe hath said in his heart, I shall not be moved, for I shall never be in adversity.вАЩ But you are in adversity, you see. We all are, who live in sin. And here is another thing that comes to me, just now to say. It is from Psalm 10:11: вАШHe hath said in his heart, God hath forgotten. He hideth His face.вАЩ And I am told to say to you that He does not hide His face. Rather I am told to quote this to you from the Eighteenth Psalm: вАШThey prevented me in the day of my calamity, but the Lord was my stay. He sent from above, He took me, He drew me out of many waters.вАЩ
вАЬвАКвАШHe delivered me from my strong enemy.
вАЬвАКвАШAnd from them which hated me, for they were too many for me.
вАЬвАКвАШHe brought me forth also unto a large place.
вАЬвАКвАШHe delivered me because He delighted in me.вАЩ
вАЬClyde, those are all words addressed to you. They come to me here to say to you just as though they were being whispered to me. I am but the mouthpiece for these words spoken direct to you. Take counsel with your own heart. Turn from the shadow to the light. Let us break these bonds of misery and gloom; chase these shadows and this darkness. You have sinned. The Lord can and will forgive. Repent. Join with Him who has shaped the world and keeps it. He will not spurn your faith; He will not neglect your prayers. TurnвБ†вАФin yourselfвБ†вАФin the confines of this cellвБ†вАФand say: вАШLord, help me. Lord, hear Thou my prayer. Lord, lighten mine eyes!вАЩ
вАЬDo you think there is no GodвБ†вАФand that He will not answer you? Pray. In your trouble turn to HimвБ†вАФnot meвБ†вАФor any other. But to Him. Pray. Speak to Him. Call to Him. Tell Him the truth and ask for help. As surely as you are here before meвБ†вАФand if in your heart you truly repent of any evil you have doneвБ†вАФtruly, truly, you will hear and feel Him. He will take your hand. He will enter this cell and your soul. You will know Him by the peace and the light that will fill your mind and heart. Pray. And if you need me again to help you in any wayвБ†вАФto pray with youвБ†вАФor to do you any service of any kindвБ†вАФto cheer you in your lonelinessвБ†вАФyou have only to send for me; drop me a card. I have promised your mother and I will do what I can. The warden has my address.вАЭ He paused, serious and conclusive in his toneвБ†вАФbecause up to this time, Clyde had looked more curious and astonished than anything else.
At the same time because of ClydeвАЩs extreme youthfulness and a certain air of lonely dependence which marked him ever since his mother and Nicholson had gone: вАЬIвАЩll always be in easy reach. I have a lot of religious work over in Syracuse but IвАЩll be glad to drop it at any time that I can really do anything more for you.вАЭ And here he turned as if to go.
But Clyde, now taken by himвБ†вАФhis vital, confident and kindly mannerвБ†вАФso different to the tense, fearful and yet lonely life here, called after him: вАЬOh, donвАЩt go just yet. Please donвАЩt. ItвАЩs very nice of you to come and see me and IвАЩm obliged to you. My mother wrote me you might. You see, itвАЩs very lonely here. I havenвАЩt thought much of what you were saying, perhaps, because I havenвАЩt felt as guilty as some think I am. But IвАЩve been sorry enough. And certainly anyone in here pays a good deal.вАЭ His eyes looked very sad and strained.
And at once, McMillan, now deeply touched for the first time replied: вАЬClyde, you neednвАЩt worry. IвАЩll come to see you again within a week, because now I see you need me. IвАЩm not asking you to pray because I think you are guilty of the death of Roberta Alden. I donвАЩt know. You havenвАЩt told me. Only you and God know what your sins and your sorrows are. But I do know you need spiritual help and He will give you thatвБ†вАФoh, fully. вАШThe Lord will be a refuge for the oppressed; a refuge in time of trouble.вАЩвАКвАЭ
He smiled as though he were now really fond of Clyde. And Clyde feeling this and being intrigued by it, replied that there wasnвАЩt anything just then that he wanted to say except to tell his mother that he was all rightвБ†вАФand make her feel a little better about him, maybe, if he could. Her letters were very sad, he thought. She worried too much about him. Besides he, himself, wasnвАЩt feeling so very goodвБ†вАФnot a little run down and worried these days. Who wouldnвАЩt be in his position? Indeed, if only he could win to spiritual peace through prayer, he would be glad to do it. His mother had always urged him to prayвБ†вАФbut up to now he was sorry to say he hadnвАЩt followed her advice very much. He looked very distrait and gloomyвБ†вАФthe marked prison pallor having long since settled on his face.
And the Reverend Duncan, now very much touched by his state, replied: вАЬWell, donвАЩt worry, Clyde. Enlightenment and peace are surely going to come to you. I can see that. You have a Bible there, I see. Open it anywhere in Psalms and read. The 51st, 91st, 23rd. Open to St.¬†John. Read it allвБ†вАФover and over. Think and prayвБ†вАФand think on all the things about youвБ†вАФthe moon, the stars, the sun, the trees, the seaвБ†вАФyour own beating heart, your body and strengthвБ†вАФand ask yourself who made them. How did they come to be? Then, if you canвАЩt explain them, ask yourself if the one who made them and youвБ†вАФwhoever he is, whatever he is, wherever he is, isnвАЩt strong and wise enough and kind enough to help you when you need helpвБ†вАФprovide you with light and peace and guidance, when you need them. Just ask yourself what of the Maker of all this certain reality. And then ask HimвБ†вАФthe Creator of it allвБ†вАФto tell you how and what to do. DonвАЩt doubt. Just ask and see. Ask in the nightвБ†вАФin the day. Bow your head and pray and see. Verily, He will not fail you. I know because I have that peace.вАЭ
He stared at Clyde convincinglyвБ†вАФthen smiled and departed. And Clyde, leaning against his cell door, began to wonder. The Creator! His Creator! The Creator of the World!вБ†вАКвБ†вА¶ Ask and seeвБ†вАФ!
And yetвБ†вАФthere was still lingering here in him that old contempt of his for religion and its fruitsвБ†вАФthe constant and yet fruitless prayers and exhortations of his father and mother. Was he going to turn to religion now, solely because he was in difficulties and frightened like these others? He hoped not. Not like that, anyway.
Just the same the mood, as well as the temperament of the Reverend Duncan McMillanвБ†вАФhis young, forceful, convinced and dramatic body, face, eyes, now intrigued and then moved Clyde as no religionist or minister in all his life before ever had. He was interested, arrested and charmed by the manвАЩs faithвБ†вАФwhether at once or not at allвБ†вАФeverвБ†вАФhe could come to put the reliance in it that plainly this man did.
XXXII
The personal conviction and force of such an individual as the Reverend McMillan, while in one sense an old story to Clyde and not anything which so late as eighteen months before could have moved him in any way (since all his life he had been accustomed to something like it), still here, under these circumstances, affected him differently. Incarcerated, withdrawn from the world, compelled by the highly circumscribed nature of this death house life to find solace or relief in his own thoughts, ClydeвАЩs, like every other temperament similarly limited, was compelled to devote itself either to the past, the present or the future. But the past was so painful to contemplate at any point. It seared and burned. And the present (his immediate surroundings) as well as the future with its deadly fear of what was certain to happen in case his appeal failed, were two phases equally frightful to his waking consciousness.
What followed then was what invariably follows in the wake of every tortured consciousness. From what it dreads or hates, yet knows or feels to be unescapable, it takes refuge in that which may be hoped forвБ†вАФor at least imagined. But what was to be hoped for or imagined? Because of the new suggestion offered by Nicholson, a new trial was all that he had to look forward to, in which case, and assuming himself to be acquitted thereafter, he could go far, far awayвБ†вАФto AustraliaвБ†вАФor AfricaвБ†вАФor MexicoвБ†вАФor some such place as that, where, under a different nameвБ†вАФhis old connections and ambitions relating to that superior social life that had so recently intrigued him, laid aside, he might recover himself in some small way. But directly in the path of that hopeful imagining, of course, stood the deathвАЩs head figure of a refusal on the part of the Court of Appeals to grant him a new trial. Why notвБ†вАФafter that jury at Bridgeburg? And thenвБ†вАФas in that dream in which he turned from the tangle of snakes to face the tramping rhinoceros with its two hornsвБ†вАФhe was confronted by that awful thing in the adjoining roomвБ†вАФthat chair! That chair! Its straps and its flashes which so regularly dimmed the lights in this room. He could not bear to think of his entering thereвБ†вАФever. And yet supposing his appeal was refused! Away! He would like to think no more about it.
But then, apart from that what was there to think of? It was that very question that up to the time of the arrival of the Rev. Duncan McMillan, with his plea for a direct and certainly (as he insisted) fruitful appeal to the Creator of all things, that had been definitely torturing Clyde. Yet seeвБ†вАФhow simple was his solution!
вАЬIt was given unto you to know the Peace of God,вАЭ he insisted, quoting Paul and thereafter sentences from Corinthians, Galatians, Ephesians, on how easy it wasвБ†вАФif Clyde would but repeat and pray as he had asked him toвБ†вАФfor him to know and delight in the вАЬpeace that passeth all understanding.вАЭ It was with him, all around him. He had but to seek; confess the miseries and errors of his heart, and express contrition. вАЬAsk, and ye shall receive; seek, and ye shall find; knock, and it shall be opened unto you. For everyone that asketh, receiveth; and he that seeketh, findeth; and to him that knocketh it shall be opened. For what man is there of you whom, if his son ask bread, will give him a stone; or, if he ask fish, will give him a serpent?вАЭ So he quoted, beautifully and earnestly.
And yet before Clyde always was the example of his father and mother. What had they? It had not availed them muchвБ†вАФpraying. Neither, as he noticed here, did it appear to avail or aid these other condemned men, the majority of whom lent themselves to the pleas or prayers of either priest or rabbi or minister, one and the other of whom was about daily. Yet were they not led to their death just the sameвБ†вАФand complaining or protesting, or mad like Cutrone, or indifferent? As for himself, up to this he had not been interested by any of these. Bunk. Notions. Of what? He could not say. Nevertheless, here was the appealing Rev. Duncan McMillan. His mild, serene eyes. His sweet voice. His faith. It moved and intrigued Clyde deeply. Could thereвБ†вАФcould there? He was so lonelyвБ†вАФso despairingвБ†вАФso very much in need of help.
Was it not also true (the teaching of the Rev. McMillanвБ†вАФinfluencing him to that extent at least) that if he had led a better lifeвБ†вАФhad paid more attention to what his mother had said and taughtвБ†вАФnot gone into that house of prostitution in Kansas CityвБ†вАФor pursued Hortense Briggs in the evil way that he hadвБ†вАФor after her, RobertaвБ†вАФhad been content to work and save, as no doubt most men wereвБ†вАФwould he not be better off than he now was? But then again, there was the fact or truth of those very strong impulses and desires within himself that were so very, very hard to overcome. He had thought of those, too, and then of the fact that many other people like his mother, his uncle, his cousin, and this minister here, did not seem to be troubled by them. And yet also he was given to imagining at times that perhaps it was because of superior mental and moral courage in the face of passions and desires, equivalent to his own, which led these others to do so much better. He was perhaps just willfully devoting himself to these other thoughts and ways, as his mother and McMillan and most everyone else whom he had heard talk since his arrest seemed to think.
What did it all mean? Was there a God? Did He interfere in the affairs of men as Mr.¬†McMillan was now contending? Was it possible that one could turn to Him, or at least some creative power, in some such hour as this and when one had always ignored Him before, and ask for aid? Decidedly one needed aid under such circumstancesвБ†вАФso alone and ordered and controlled by lawвБ†вАФnot manвБ†вАФsince these, all of them, were the veriest servants of the law. But would this mysterious power be likely to grant aid? Did it really exist and hear the prayers of men? The Rev. McMillan insisted yes. вАЬHe hath said God hath forgotten; He hideth His face. But He has not forgotten. He has not hidden His face.вАЭ But was that true? Was there anything to it? Tortured by the need of some mental if not material support in the face of his great danger, Clyde was now doing what every other human in related circumstances invariably doesвБ†вАФseeking, and yet in the most indirect and involute and all but unconscious way, the presence or existence at least of some superhuman or supernatural personality or power that could and would aid him in some wayвБ†вАФbeginning to veerвБ†вАФhowever slightly or unconsciously as yetвБ†вАФtoward the personalization and humanization of forces, of which, except in the guise of religion, he had not the faintest conception. вАЬThe Heavens declare the Glory of God, and the Firmament showeth His handiwork.вАЭ He recalled that as a placard in one of his motherвАЩs mission windows. And another which read: вАЬFor He is Thy life and Thy length of Days.вАЭ Just the sameвБ†вАФand far from it as yet, even in the face of his sudden predisposition toward the Rev. Duncan McMillan, was he seriously moved to assume that in religion of any kind was he likely to find surcease from his present miseries?
And yet the weeks and months going byвБ†вАФthe Rev. McMillan calling regularly thereafter, every two weeks at the longest, sometimes every week and inquiring after his state, listening to his wants, advising him as to his health and peace of mind. And Clyde, anxious to retain his interest and visits, gradually, more and more, yielding himself to his friendship and influence. That high spirituality. That beautiful voice. And quoting always such soothing things. вАЬBrethren now are we the children of God. And it doth not yet appear what we shall be; but we know that when He shall appear we shall be like Him, for we shall see Him as He is. And every man that has this hope in him purifieth himself even as He is pure.вАЭ
вАЬHereby know that we dwell in Him and He in us, because He hath given us of His spirit.вАЭ
вАЬFor ye are bought with a price.вАЭ
вАЬOf His own will begot He us with the word of truth, and we should be a kind of first fruits of His creatures. And every good and every perfect gift is from above and cometh down from the Father of lights, with whom is no variableness, neither shadow of turning.вАЭ
вАЬDraw nigh unto God and He will draw nigh unto you.вАЭ
He was inclined, at times, to feel that there might be peace and strengthвБ†вАФaid, evenвБ†вАФwho could say, in appealing to this power. It was the force and the earnestness of the Rev. McMillan operating upon him.
And yet, the question of repentanceвБ†вАФand with it confession. But to whom? The Rev. Duncan McMillan, of course. He seemed to feel that it was necessary for Clyde to purge his soul to himвБ†вАФor someone like himвБ†вАФa material and yet spiritual emissary of God. But just there was the trouble. For there was all of that false testimony he had given in the trial, yet on which had been based his appeal. To go back on that now, and when his appeal was pending. Better wait, had he not, until he saw how that appeal had eventuated.
But, ah, how shabby, false, fleeting, insincere. To imagine that any God would bother with a person who sought to dicker in such a way. No, no. That was not right either. What would the Rev. McMillan think of him if he knew what he was thinking?
But again there was the troubling question in his own mind as to his real guiltвБ†вАФthe amount of it. True there was no doubt that he had plotted to kill Roberta there at firstвБ†вАФa most dreadful thing as he now saw it. For the complications and the fever in connection with his desire for Sondra having subsided somewhat, it was possible on occasion now for him to reason without the desperate sting and tang of the mental state that had characterized him at the time when he was so immediately in touch with her. Those terrible, troubled days when in spite of himselfвБ†вАФas he now understood it (BelknapвАЩs argument having cleared it up for him) he had burned with that wild fever which was not unakin in its manifestations to a form of insanity. The beautiful Sondra! The glorious Sondra! The witchery and fire of her smile then! Even now that dreadful fever was not entirely out but only smolderingвБ†вАФsmothered by all of the dreadful things that had since happened to him.
Also, it must be said on his behalf now, must it notвБ†вАФthat never, under any other circumstances, would he have succumbed to any such terrible thought or plot as thatвБ†вАФto kill anyoneвБ†вАФlet alone a girl like RobertaвБ†вАФunless he had been so infatuatedвБ†вАФlunatic, even. But had not the jury there at Bridgeburg listened to that plea with contempt? And would the Court of Appeals think differently? He feared not. And yet was it not true? Or was he all wrong? Or what? Could the Rev. McMillan or anyone else to whom he would explain tell him as to that? He would like to talk to him about itвБ†вАФconfess everything perhaps, in order to get himself clear on all this. Further, there was the fact that having plotted for SondraвАЩs sake (and God, if no one else, knew that) he still had not been able to execute it. And that had not been brought out in the trial, because the false form of defense used permitted no explanation of the real truth thenвБ†вАФand yet it was a mitigating circumstance, was it notвБ†вАФor would the Rev. McMillan think so? A lie had to be used, as Jephson saw it. But did that make it any the less true?
There were phases of this thing, the tangles and doubts involved in that dark, savage plot of his, as he now saw and brooded on it, which were not so easily to be disposed of. Perhaps the two worst were, first, that in bringing Roberta there to that point on that lakeвБ†вАФthat lone spotвБ†вАФand then growing so weak and furious with himself because of his own incapacity to do evil, he had frightened her into rising and trying to come to him. And that in the first instance made it possible for her to be thus accidentally struck by him and so made him, in part at least, guilty of that blowвБ†вАФor did it?вБ†вАФa murderous, sinful blow in that sense. Maybe. What would the Rev. McMillan say to that? And since because of that she had fallen into the water, was he not guilty of her falling? It was a thought that troubled him very much nowвБ†вАФhis constructive share of guilt in all that. Regardless of what Oberwaltzer had said there at the trial in regard to his swimming away from herвБ†вАФthat if she had accidentally fallen in the water, it was no crime on his part, supposing he refused to rescue herвБ†вАФstill, as he now saw it, and especially when taken in connection with all that he had thought in regard to Roberta up to that moment, it was a crime just the same, was it not? WouldnвАЩt GodвБ†вАФMcMillanвБ†вАФthink so? And unquestionably, as Mason had so shrewdly pointed out at the trial, he might have saved her. And would have too, no doubt, if she had been SondraвБ†вАФor even the Roberta of the summer before. Besides, the fear of her dragging him down had been no decent fear. (It was at nights in his bunk at this time that he argued and reasoned with himself, seeing that McMillan was urging him now to repent and make peace with his God.) Yes, he would have to admit that to himself. Decidedly and instantly he would have sought to save her life, if it had been Sondra. And such being the case, he would have to confess thatвБ†вАФif he confessed at all to the Rev. McMillanвБ†вАФor to whomever else one told the truthвБ†вАФwhen one did tell itвБ†вАФthe public at large perhaps. But such a confession once made, would it not surely and truly lead to his conviction? And did he want to convict himself now and so die?
No, no, better wait a while perhapsвБ†вАФat least until the Court of Appeals had passed on his case. Why jeopardize his case when God already knew what the truth was? Truly, truly he was sorry. He could see how terrible all this was nowвБ†вАФhow much misery and heartache, apart from the death of Roberta, he had caused. But stillвБ†вАФstillвБ†вАФwas not life sweet? Oh, if he could only get out! Oh, if he could only go away from hereвБ†вАФnever to see or hear or feel anything more of this terrible terror that now hung over him. The slow coming darkвБ†вАФthe slow coming dawn. The long night! The sighsвБ†вАФthe groans. The tortures by day and by night until it seemed at times as though he should go mad; and would perhaps except for McMillan, who now appeared devoted to himвБ†вАФso kind, appealing and reassuring, too, at times. He would just like to sit down some dayвБ†вАФhere or somewhereвБ†вАФand tell him all and get him to say how really guilty, if at all, he thought him to beвБ†вАФand if so guilty to get him to pray for him. At times he felt so sure that his motherвАЩs and the Rev. Duncan McMillanвАЩs prayers would do him so much more good with this God than any prayers of his own would. Somehow he couldnвАЩt pray yet. And at times hearing McMillan pray, softly and melodiously, his voice entering through the barsвБ†вАФor, reading from Galatians, Thessalonians, Corinthians, he felt as though he must tell him everything, and soon.
But the days going by until finally one day six weeks afterвБ†вАФand when because of his silence in regard to himself, the Rev. Duncan was beginning to despair of ever affecting him in any way toward his proper contrition and salvationвБ†вАФa letter or note from Sondra. It came through the wardenвАЩs office and by the hand of the Rev. Preston Guilford, the Protestant chaplain of the prison, but was not signed. It was, however, on good paper, and because the rule of the prison so requiring had been opened and read. Nevertheless, on account of the nature of the contents which seemed to both the warden and the Rev. Guilford to be more charitable and punitive than otherwise, and because plainly, if not verifiably, it was from that Miss X of repute or notoriety in connection with his trial, it was decided, after due deliberation, that Clyde should be permitted to read itвБ†вАФeven that it was best that he should. Perhaps it would prove of value as a lesson. The way of the transgressor. And so it was handed to him at the close of a late fall dayвБ†вАФafter a long and dreary summer had passed (soon a year since he had entered here). And he taking it. And although it was typewritten with no date nor place on the envelope, which was postmarked New YorkвБ†вАФyet sensing somehow that it might be from her. And growing decidedly nervousвБ†вАФso much so that his hand trembled slightly. And then readingвБ†вАФover and over and overвБ†вАФduring many days thereafter: вАЬClydeвБ†вАФThis is so that you will not think that someone once dear to you has utterly forgotten you. She has suffered much, too. And though she can never understand how you could have done as you did, still, even now, although she is never to see you again, she is not without sorrow and sympathy and wishes you freedom and happiness.вАЭ
But no signatureвБ†вАФno trace of her own handwriting. She was afraid to sign her name and she was too remote from him in her mood now to let him know where she was. New York! But it might have been sent there from anywhere to mail. And she would not let him knowвБ†вАФwould never let him knowвБ†вАФeven though he died here later, as well he might. His last hopeвБ†вАФthe last trace of his dream vanished. Forever! It was at that moment, as when night at last falls upon the faintest remaining gleam of dusk in the west. A dim, weakening tinge of pinkвБ†вАФand then the dark.
He seated himself on his cot. The wretched stripes of his uniform and his gray felt shoes took his eye. A felon. These stripes. These shoes. This cell. This uncertain, threatening prospect so very terrible to contemplate at any time. And then this letter. So this was the end of all that wonderful dream! And for this he had sought so desperately to disengage himself from RobertaвБ†вАФeven to the point of deciding to slay her. This! This! He toyed with the letter, then held it quite still. Where was she now? Who in love with, maybe? She had had time to change perhaps. She had only been captivated by him a little, maybe. And then that terrible revelation in connection with him had destroyed forever, no doubt, all sentiment in connection with him. She was free. She had beautyвБ†вАФwealth. Now some otherвБ†вАФ
He got up and walked to his cell door to still a great pain. Over the way, in that cell the Chinaman had once occupied, was a NegroвБ†вАФWash Higgins. He had stabbed a waiter in a restaurant, so it was said, who had refused him food and then insulted him. And next to him was a young Jew. He had killed the proprietor of a jewelry store in trying to rob it. But he was very broken and collapsed now that he was here to dieвБ†вАФsitting for the most part all day on his cot, his head in his hands. Clyde could see both now from where he stoodвБ†вАФthe Jew holding his head. But the Negro on his cot, one leg above the other, smokingвБ†вАФand singingвБ†вАФ
вАЬOh, big wheel ro-a-linвАЩвБ†вАКвБ†вА¶ hmp!
Oh, big wheel ro-a-linвАЩвБ†вАКвБ†вА¶ hmp!
Oh, big wheel ro-a-linвАЩвБ†вАКвБ†вА¶ hmp!
Foh me! Foh me!вАЭ
And then Clyde, unable to get away from his own thoughts, turning again.
Condemned to die! He. And this was the end as to Sondra. He could feel it. Farewell. вАЬAlthough she is never to see you again.вАЭ He threw himself on his couchвБ†вАФnot to weep but to restвБ†вАФhe felt so weary. Lycurgus. Fourth Lake. Bear Lake. LaughterвБ†вАФkissesвБ†вАФsmiles. What was to have been in the fall of the preceding year. And nowвБ†вАФa year later.
But thenвБ†вАФthat young Jew. There was some religious chant into which he fell when his mental tortures would no longer endure silence. And oh, how sad. Many of the prisoners had cried out against it. And yet, oh, how appropriate now, somehow.
вАЬI have been evil. I have been unkind. I have lied. Oh! Oh! Oh! I have been unfaithful. My heart has been wicked. I have joined with those who have done evil things. Oh! Oh! Oh! I have stolen. I have been false. I have been cruel! Oh! Oh! Oh!вАЭ
And the voice of Big Tom Rooney sentenced for killing Thomas Tighe, a rival for the hand of an underworld girl. вАЬFor ChristвАЩs sake! I know you feel bad. But so do I. Oh, for GodвАЩs sake, donвАЩt do that!вАЭ
Clyde, on his cot, his thoughts responding rhythmically to the chant of the JewвБ†вАФand joining with him silentlyвБ†вАФвАЬI have been evil. I have been unkind. I have lied. Oh! Oh! Oh! I have been unfaithful. My heart has been wicked. I have joined with those who have done evil things. Oh! Oh! Oh! I have been false. I have been cruel. I have sought to murder. Oh! Oh! Oh! And for what? A vainвБ†вАФimpossible dream! Oh! Oh! Oh!вБ†вАКвБ†вА¶ Oh! Oh! Oh!вБ†вАКвБ†вА¶вАЭ
When the guard, an hour later, placed his supper on the shelf in the door, he made no move. Food! And when the guard returned in another thirty minutes, there it was, still untouched, as was the JewвАЩsвБ†вАФand was taken away in silence. Guards knew when blue devils had seized the inmates of these cages. They couldnвАЩt eat. And there were times, too, when even guards couldnвАЩt eat.
XXXIII
The depression resulting even after two days was apparent to the Reverend McMillan, who was concerned to know why. More recently, he had been led to believe by ClydeвАЩs manner, his visits, if not the fact that the totality of his preachments, had not been greeted with as much warmth as he would have liked, that by degrees Clyde was being won to his own spiritual viewpoint. With no little success, as it had seemed to him, he had counseled Clyde as to the folly of depression and despair. вАЬWhat! Was not the peace of God within his grasp and for the asking. To one who sought God and found Him, as he surely would, if he sought, there could be no sorrow, but only joy. вАШHereby know we that we dwell in Him, and He in us, because He hath given us of His spirit.вАЩвАКвАЭ So he preached or readвБ†вАФuntil finallyвБ†вАФtwo weeks after receiving the letter from Sondra and because of the deep depression into which he had sunk on account of it, Clyde was finally moved to request of him that he try to induce the warden to allow him to be taken to some other cell or room apart from this room or cell which seemed to Clyde to be filled with too many of his tortured thoughts, in order that he might talk with him and get his advice. As he told the Reverend McMillan, he did not appear to be able to solve his true responsibility in connection with all that had so recently occurred in his life, and because of which he seemed not to be able to find that peace of mind of which McMillan talked so much. PerhapsвБ†вАКвБ†вА¶ вАФthere must be something wrong with his viewpoint. Actually he would like to go over the offense of which he was convicted and see if there was anything wrong in his understanding of it. He was not so sure now. And McMillan, greatly stirredвБ†вАФan enormous spiritual triumph, thisвБ†вАФas he saw itвБ†вАФthe true reward of faith and prayer, at once proceeding to the warden, who was glad enough to be of service in such a cause. And he permitted the use of one of the cells in the old death house for as long as he should require, and with no guard between himself and ClydeвБ†вАФone only remaining in the general hall outside.
And there Clyde began the story of his relations with Roberta and Sondra. Yet because of all that had been set forth at the trial, merely referring to most of the evidenceвБ†вАФapart from his defenseвБ†вАФthe change of heart, as so; afterwards dwelling more particularly on the fatal adventure with Roberta in the boat. Did the Reverend McMillanвБ†вАФbecause of the original plottingвБ†вАФand hence the original intentвБ†вАФthink him guilty?вБ†вАФespecially in view of his obsession over SondraвБ†вАФall his dreams in regard to herвБ†вАФdid that truly constitute murder? He was asking this because, as he said, it was as he had doneвБ†вАФnot as his testimony at the trial had indicated that he had done. It was a lie that he had experienced a change of heart. His attorneys had counseled that defense as best, since they did not feel that he was guilty, and had thought that plan the quickest route to liberty. But it was a lie. In connection with his mental state also there in the boat, before and after her rising and attempting to come to himвБ†вАФand that blow, and afterвБ†вАФhe had not told the truth eitherвБ†вАФquite. That unintentional blow, as he now wished to explain, since it affected his efforts at religious meditationвБ†вАФa desire to present himself honestly to his Creator, if at all (he did not then explain that as yet he had scarcely attempted to so present himself)вБ†вАФthere was more to it than he had been able yet to make clear, even to himself. In fact even now to himself there was much that was evasive and even insoluble about it. He had said that there had been no angerвБ†вАФthat there had been a change of heart. But there had been no change of heart. In fact, just before she had risen to come to him, there had been a complex troubled state, bordering, as he now saw it, almost upon trance or palsy, and dueвБ†вАФbut he could scarcely say to what it was due, exactly. He had thought at firstвБ†вАФor afterwardsвБ†вАФthat it was partly due to pity for RobertaвБ†вАФor, at least the shame of so much cruelty in connection with herвБ†вАФhis plan to strike her. At the same time there was anger, tooвБ†вАФhate maybeвБ†вАФbecause of her determination to force him to do what he did not wish to do. ThirdlyвБ†вАФyet he was not so sure as to thatвБ†вАФ(he had thought about it so long and yet he was not sure even now)вБ†вАФthere might have been fear as to the consequences of such an evil deedвБ†вАФalthough, just at that time, as it seemed to him now, he was not thinking of the consequencesвБ†вАФor of anything save his inability to do as he had come to doвБ†вАФand feeling angry as to that.
Yet in the blowвБ†вАФthe accidental blow that had followed upon her rising and attempting to come to him, had been some anger against her for wanting to come near him at all. And that it was perhapsвБ†вАФhe was truly not sure, even now, that had given that blow its so destructive force. It was so afterward, anyhow, that he was compelled to think of it. And yet there was also the truth that in rising he was seeking to save herвБ†вАФeven in spite of his hate. That he was also, for the moment at least, sorry for that blow. Again, though, once the boat had upset and both were in the waterвБ†вАФin all that confusion, and when she was drowning, he had been moved by the thought: вАЬDo nothing.вАЭ For thus he would be rid of her. Yes, he had so thought. But again, there was the fact that all through, as Mr.¬†Belknap and Mr.¬†Jephson had pointed out, he had been swayed by his obsession for Miss X, the super motivating force in connection with all of this. But now, did the Reverend McMillan, considering all that went before and all that came afterвБ†вАФthe fact that the unintentional blow still had had anger in itвБ†вАФangry dissatisfaction with herвБ†вАФreallyвБ†вАФand that afterwards he had not gone to her rescueвБ†вАФas nowвБ†вАФhonestly and truly as he was trying to showвБ†вАФdid he think that that constituted murderвБ†вАФmortal blood guilt for which spiritually, as well as legally, he might be said to deserve death? Did he? He would like to know for his own soulвАЩs peaceвБ†вАФso that he could pray, maybe.
The Reverend McMillan hearing all thisвБ†вАФand never in his life before having heard or having had passed to him so intricate and elusive and strange a problemвБ†вАФand because of ClydeвАЩs faith in and regard for him, enormously impressed. And now sitting before him quite still and pondering most deeply, sadly and even nervouslyвБ†вАФso serious and important was this request for an opinionвБ†вАФsomething which, as he knew, Clyde was counting on to give him earthly and spiritual peace. But, none-the-less, the Reverend McMillan was himself too puzzled to answer so quickly.
вАЬUp to the time you went in that boat with her, Clyde, you had not changed in your mood toward herвБ†вАФyour intention toвБ†вАФtoвБ†вАФвАЭ
The Reverend McMillanвАЩs face was gray and drawn. His eyes were sad. He had been listening, as he now felt, to a sad and terrible storyвБ†вАФan evil and cruel self-torturing and destroying story. This young boyвБ†вАФreallyвБ†вАФ! His hot, restless heart which plainly for the lack of so many things which he, the Reverend McMillan, had never wanted for, had rebelled. And because of that rebellion had sinned mortally and was condemned to die. Indeed his reason was as intensely troubled as his heart was moved.
вАЬNo, I had not.вАЭ
вАЬYou were, as you say, angry with yourself for being so weak as not to be able to do what you had planned to do.вАЭ
вАЬIn a way it was like that, yes. But then I was sorry, too, you see. And maybe afraid. IвАЩm not exactly sure now. Maybe not, either.вАЭ
The Reverend McMillan shook his head. So strange! So evasive! So evil! And yetвБ†вАФ
вАЬBut at the same time, as you say, you were angry with her for having driven you to that point.вАЭ
вАЬYes.вАЭ
вАЬWhere you were compelled to wrestle with so terrible a problem?вАЭ
вАЬYes.вАЭ
вАЬTst! Tst! Tst! And so you thought of striking her.вАЭ
вАЬYes, I did.вАЭ
вАЬBut you could not.вАЭ
вАЬNo.вАЭ
вАЬPraised be the mercy of God. Yet in the blow that you did strikeвБ†вАФunintentionallyвБ†вАФas you sayвБ†вАФthere was still some anger against her. That was why the blow was soвБ†вАФso severe. You did not want her to come near you.вАЭ
вАЬNo, I didnвАЩt. I think I didnвАЩt, anyhow. IвАЩm not quite sure. It may be that I wasnвАЩt quite right. AnyhowвБ†вАФall worked up, I guessвБ†вАФsick almost. IвБ†вАФIвБ†вАФвАЭ In his uniformвБ†вАФhis hair cropped so close, Clyde sat there, trying honestly now to think how it really was (exactly) and greatly troubled by his inability to demonstrate to himself evenвБ†вАФeither his guilt or his lack of guilt. Was heвБ†вАФor was he not? And the Reverend McMillanвБ†вАФhimself intensely strained, muttering: вАЬWide is the gate and broad the way that leadeth to destruction.вАЭ And yet finally adding: вАЬBut you did rise to save her.вАЭ
вАЬYes, afterwards, I got up. I meant to catch her after she fell back. That was what upset the boat.вАЭ
вАЬAnd you did really want to catch her?вАЭ
вАЬI donвАЩt know. At the moment I guess I did. Anyhow I felt sorry, I think.вАЭ
вАЬBut can you say now truly and positively, as your Creator sees you, that you were sorryвБ†вАФor that you wanted to save her then?вАЭ
вАЬIt all happened so quick, you see,вАЭ began Clyde nervouslyвБ†вАФhopelessly, almost, вАЬthat IвАЩm not just sure. No, I donвАЩt know that I was so very sorry. No. I really donвАЩt know, you see, now. Sometimes I think maybe I was, a little, sometimes not, maybe. But after she was gone and I was on shore, I felt sorryвБ†вАФa little. But I was sort of glad, too, you know, to be free, and yet frightened, tooвБ†вАФYou seeвБ†вАФвАЭ
вАЬYes, I know. You were going to that Miss X. But out there, when she was in the waterвБ†вАФ?вАЭ
вАЬNo.вАЭ
вАЬYou did not want to go to her rescue?вАЭ
вАЬNo.вАЭ
вАЬTst! Tst! Tst! You felt no sorrow? No shame? Then?вАЭ
вАЬYes, shame, maybe. Maybe sorrow, too, a little. I knew it was terrible. I felt that it was, of course. But stillвБ†вАФyou seeвБ†вАФвАЭ
вАЬYes, I know. That Miss X. You wanted to get away.вАЭ
вАЬYesвБ†вАФbut mostly I was frightened, and I didnвАЩt want to help her.вАЭ
вАЬYes! Yes! Tst! Tst! Tst! If she drowned you could go to that Miss X. You thought of that?вАЭ The Reverend McMillanвАЩs lips were tightly and sadly compressed.
вАЬYes.вАЭ
вАЬMy son! My son! In your heart was murder then.вАЭ
вАЬYes, yes,вАЭ Clyde said reflectively. вАЬI have thought since it must have been that way.вАЭ
The Reverend McMillan paused and to hearten himself for this task began to prayвБ†вАФbut silentlyвБ†вАФand to himself: вАЬOur Father who art in HeavenвБ†вАФhallowed be Thy name. Thy Kingdom come, Thy will be doneвБ†вАФon earth as it is in Heaven.вАЭ He stirred again after a time.
вАЬAh, Clyde. The mercy of God is equal to every sin. I know it. He sent His own son to die for the evil of the world. It must be soвБ†вАФif you will but repent. But that thought! That deed! You have much to pray for, my sonвБ†вАФmuch. Oh, yes. For in the sight of God, I fearвБ†вАФyesвБ†вАФAnd yetвБ†вАФI must pray for enlightenment. This is a strange and terrible story. There are so many phases. It may be but pray. Pray with me now that you and I may have light.вАЭ He bowed his head. He sat for minutes in silenceвБ†вАФwhile Clyde, also, in silence and troubled doubt, sat before him. Then, after a time he began:
вАЬOh, Lord, rebuke me not in thine anger; neither chasten me in Thy hot displeasure. Have mercy on me, O Lord, for I am weak. Heal me in my shame and sorrow for my soul is wounded and dark in Thy sight. Oh, let the wickedness of my heart pass. Lead me, O God, into Thy righteousness. Let the wickedness of my heart pass and remember it not.вАЭ
ClydeвБ†вАФhis head downвБ†вАФsat stillвБ†вАФvery still. He, himself, was at last shaken and mournful. No doubt his sin was very great. Very, very terrible! And yetвБ†вАФBut then, the Reverend McMillan ceasing and rising, he, too, rose, the while McMillan added: вАЬBut I must go now. I must thinkвБ†вАФpray. This has troubled and touched me deeply. Oh, very, Lord. And youвБ†вАФmy sonвБ†вАФyou return and prayвБ†вАФalone. Repent. Ask of God on your knees His forgiveness and He will hear you. Yes, He will. And tomorrowвБ†вАФor as soon as I honestly canвБ†вАФI will come again. But do not despair. Pray alwaysвБ†вАФfor in prayer alone, prayer and contrition, is salvation. Rest in the strength of Him who holds the world in the hollow of His hand. In His abounding strength and mercy, is peace and forgiveness. Oh, yes.вАЭ
He struck the iron door with a small key ring that he carried and at once the guard, hearing it, returned.
Then having escorted Clyde to his cell and seen him once more shut within that restraining cage, he took his own departure, heavily and miserably burdened with all that he had heard. And Clyde was left to brood on all he had saidвБ†вАФand how it had affected McMillan, as well as himself. His new friendвАЩs stricken mood. The obvious pain and horror with which he viewed it all. Was he really and truly guilty? Did he really and truly deserve to die for this? Was that what the Reverend McMillan would decide? And in the face of all his tenderness and mercy?
And another week in which, moved by ClydeвАЩs seeming contrition, and all the confusing and extenuating circumstances of his story, and having wrestled most earnestly with every moral aspect of it, the Reverend McMillan once more before his cell doorвБ†вАФbut only to say that however liberal or charitable his interpretation of the facts, as at last Clyde had truthfully pictured them, still he could not feel that either primarily or secondarily could he be absolved from guilt for her death. He had plottedвБ†вАФhad he not? He had not gone to her rescue when he might have. He had wished her dead and afterwards had not been sorry. In the blow that had brought about the upsetting of the boat had been some anger. Also in the mood that had not permitted him to strike. The facts that he had been influenced by the beauty and position of Miss X to the plotting of this deed, and, after his evil relations with Roberta, that she had been determined he should marry her, far from being points in extenuation of his actions, were really further evidence of his general earthly sin and guilt. Before the Lord then he had sinned in many ways. In those dark days, alas, as Mr.¬†McMillan saw it, he was little more than a compound of selfishness and unhallowed desire and fornication against the evil of which Paul had thundered. It had endured to the end and had not changedвБ†вАФuntil he had been taken by the law. He had not repentedвБ†вАФnot even there at Bear Lake where he had time for thought. And besides, had he not, from the beginning to end, bolstered it with false and evil pretenses? Verily.
On the other hand, no doubt if he were sent to the chair now in the face of his firstвБ†вАФand yet so clear manifestation of contritionвБ†вАФwhen now, for the first time he was beginning to grasp the enormity of his offenseвБ†вАФit would be but to compound crime with crimeвБ†вАФthe state in this instance being the aggressor. For, like the warden and many others, McMillan was against capital punishmentвБ†вАФpreferring to compel the wrongdoer to serve the state in some way. But, none-the-less, he felt himself compelled to acknowledge, Clyde was far from innocent. Think as he wouldвБ†вАФand however much spiritually he desired to absolve him, was he not actually guilty?
In vain it was that McMillan now pointed out to Clyde that his awakened moral and spiritual understanding more perfectly and beautifully fitted him for life and action than ever before. He was alone. He had no one who believed in him. No one. He had no one, whom, in any of his troubled and tortured actions before that crime saw anything but the darkest guilt apparently. And yetвБ†вАФand yetвБ†вАФ(and this despite Sondra and the Reverend McMillan and all the world for that matter, Mason, the jury at Bridgeburg, the Court of Appeals at Albany, if it should decide to confirm the jury at Bridgeburg), he had a feeling in his heart that he was not as guilty as they all seemed to think. After all they had not been tortured as he had by Roberta with her determination that he marry her and thus ruin his whole life. They had not burned with that unquenchable passion for the Sondra of his beautiful dream as he had. They had not been harassed, tortured, mocked by the ill-fate of his early life and training, forced to sing and pray on the streets as he had in such a degrading way, when his whole heart and soul cried out for better things. How could they judge him, these people, all or any one of them, even his own mother, when they did not know what his own mental, physical and spiritual suffering had been? And as he lived through it again in his thoughts at this moment the sting and mental poison of it was as real to him as ever. Even in the face of all the facts and as much as everyone felt him to be guilty, there was something so deep within him that seemed to cry out against it that, even now, at times, it startled him. StillвБ†вАФthere was the Reverend McMillanвБ†вАФhe was a very fair and just and merciful man. Surely he saw all this from a higher light and better viewpoint than his own. While at times he felt strongly that he was innocent, at others he felt that he must be guilty.
Oh, these evasive and tangled and torturesome thoughts!! Would he never be ableвБ†вАФquiteвБ†вАФto get the whole thing straightened out in his own mind?
So Clyde not being able to take advantage truly of either the tenderness and faith and devotion of so good and pure a soul as the Reverend McMillan or the all merciful and all powerful God of whom here he stood as the ambassador. What was he to do, really? How pray, resignedly, unreservedly, faithfully? And in that moodвБ†вАФand because of the urge of the Reverend Duncan, who was convinced by ClydeвАЩs confession that he must have been completely infused with the spirit of God, once more thumbing through the various passages and chapters pointed out to himвБ†вАФreading and rereading the Psalms most familiar to him, seeking from their inspiration to catch the necessary contritionвБ†вАФwhich once caught would give him that peace and strength which in those long and dreary hours he so much desired. Yet never quite catching it.
Parallel with all this, four more months passed. And at the end of that timeвБ†вАФin January, 19вБ†вАФ, the Court of Appeals finding (Fulham, Jr., reviewing the evidence as offered by Belknap and Jephson)вБ†вАФwith Kincaid, Briggs, Truman and Dobshutter concurring, that Clyde was guilty as decided by the Cataraqui County jury and sentencing him to die at some time within the week beginning February 28th or six weeks laterвБ†вАФand saying in conclusion:
вАЬWe are mindful that this is a case of circumstantial evidence and that the only eyewitness denies that death was the result of crime. But in obedience to the most exacting requirements of that manner of proof, the counsel for the people, with very unusual thoroughness and ability has investigated and presented evidence of a great number of circumstances for the purpose of truly solving the question of the defendantвАЩs guilt or innocence.
вАЬWe might think that the proof of some of these facts standing by themselves was subject to doubt by reason of unsatisfactory or contradictory evidence, and that other occurrences might be so explained or interpreted as to be reconcilable with innocence. The defenseвБ†вАФand very ablyвБ†вАФsought to enforce this view.
вАЬBut taken all together and considered as a connected whole, they make such convincing proof of guilt that we are not able to escape from its force by any justifiable process of reasoning and we are compelled to say that not only is the verdict not opposed to the weight of evidence, and to the proper inference to be drawn from it, but that it is abundantly justified thereby. Decision of the lower court unanimously confirmed.вАЭ
On hearing this, McMillan, who was in Syracuse at the time, hurrying to Clyde in the hope that before the news was conveyed officially, he should be there to encourage him spiritually, since, only with the aid of the Lord, as he saw itвБ†вАФthe eternal and ever present help in troubleвБ†вАФwould Clyde be able to endure so heavy a blow. And finding himвБ†вАФfor which he was most deeply gratefulвБ†вАФwholly unaware of what had occurred, since no news of any kind was conveyed to any condemned man until the warrant for his execution had arrived.
After a most tender and spiritual conversationвБ†вАФin which he quoted from Matthew, Paul and John as to the unimportance of this worldвБ†вАФthe true reality and joy of the nextвБ†вАФClyde was compelled to learn from McMillan that the decision of the court had gone against him. And that though McMillan talked of an appeal to the Governor which heвБ†вАФand some others whom he was sure to be able to influence would makeвБ†вАФunless the Governor chose to act, within six weeks, as Clyde knew, he would be compelled to die. And then, once the force of that fact had finally burst on himвБ†вАФand while McMillan talked on about faith and the refuge which the mercy and wisdom of God providedвБ†вАФClyde, standing before him with more courage and character showing in his face and eyes than at any time previously in his brief and eager career.
вАЬSo they decided against me. Now I will have to go through that door after allвБ†вАФlike all those others. TheyвАЩll draw the curtains for me, too. Into that other roomвБ†вАФthen back across the passageвБ†вАФsaying goodbye as I go, like those others. I will not be here any more.вАЭ He seemed to be going over each step in his mindвБ†вАФeach step with which he was so familiar, only now, for the first time, he was living it for himself. Now, in the face of this dread news, which somehow was as fascinating as it was terrible, feeling not as distrait or weak as at first he had imagined he would be. Rather, to his astonishment, considering all his previous terror in regard to this, thinking of what he would do, what he would say, in an outwardly calm way.
Would he repeat prayers read to him by the Reverend McMillan here? No doubt. And maybe gladly, too. And yetвБ†вАФ
In his momentary trance he was unconscious of the fact that the Reverend Duncan was whispering:
вАЬBut you see we havenвАЩt reached the end of this yet. There is a new Governor coming into office in January. He is a very sensible and kindly man, I hear. In fact I know several people who know himвБ†вАФand it is my plan to see him personallyвБ†вАФas well as to have some other people whom I know write him on the strength of what I will tell them.вАЭ
But from ClydeвАЩs look at the moment, as well as what he now said, he could tell that he was not listening.
вАЬMy mother. I suppose someone ought to telegraph her. She is going to feel very bad.вАЭ And then: вАЬI donвАЩt suppose they believed that those letters shouldnвАЩt have been introduced just as they were, did they? I thought maybe they would.вАЭ He was thinking of Nicholson.
вАЬDonвАЩt worry, Clyde,вАЭ replied the tortured and saddened McMillan, at this point more eager to take him in his arms and comfort him than to say anything at all. вАЬI have already telegraphed your mother. As for that decisionвБ†вАФI will see your lawyers right away. BesidesвБ†вАФas I sayвБ†вАФI propose to see the Governor myself. He is a new man, you see.вАЭ
Once more he was now repeating all that Clyde had not heard before.
XXXIV
The scene was the executive chamber of the newly elected Governor of the State of New York some three weeks after the news conveyed to Clyde by McMillan. After many preliminary and futile efforts on the part of Belknap and Jephson to obtain a commutation of the sentence of Clyde from death to life imprisonment (the customary filing of a plea for clemency, together with such comments as they had to make in regard to the way the evidence had been misinterpreted and the illegality of introducing the letters of Roberta in their original form, to all of which Governor Waltham, an ex-district attorney and judge from the southern part of the state, had been conscientiously compelled to reply that he could see no reason for interfering) there was now before Governor Waltham Mrs.¬†Griffiths together with the Reverend McMillan. For, moved by the widespread interest in the final disposition of ClydeвАЩs case, as well as the fact that his mother, because of her unshaken devotion to him, and having learned of the decision of the Court of Appeals, had once more returned to Auburn and since then had been appealing to the newspapers, as well as to himself through letters for a correct understanding of the extenuating circumstances surrounding her sonвАЩs downfall, and because she herself had repeatedly appealed to him for a personal interview in which she should be allowed to present her deepest convictions in regard to all this, the Governor had at last consented to see her. It could do no harm. Besides it would tend to soothe her. Also variable public sentiment, whatever its convictions in any given case, was usually on the side of the form or gesture of clemencyвБ†вАФwithout, however, any violence to its convictions. And, in this case, if one could judge by the newspapers, the public was convinced that Clyde was guilty. On the other hand, Mrs.¬†Griffiths, owing to her own long meditations in regard to Clyde, Roberta, his sufferings during and since the trial, the fact that according to the Reverend McMillan he had at last been won to a deep contrition and a spiritual union with his Creator whatever his original sin, was now more than ever convinced that humanity and even justice demanded that at least he be allowed to live. And so standing before the Governor, a tall, sober and somewhat somber man who, never in all his life had even so much as sensed the fevers or fires that Clyde had known, yet who, being a decidedly affectionate father and husband, could very well sense what Mrs.¬†GriffithsвАЩ present emotions must be. Yet greatly exercised by the compulsion which the facts, as he understood them, as well as a deep-seated and unchangeable submission to law and order, thrust upon him. Like the pardon clerk before him, he had read all the evidence submitted to the Court of Appeals, as well as the latest briefs submitted by Belknap and Jephson. But on what grounds could heвБ†вАФDavid Waltham, and without any new or varying data of any kindвБ†вАФjust a reinterpretation of the evidence as already passed uponвБ†вАФventure to change ClydeвАЩs death sentence to life imprisonment? Had not a jury, as well as the Court of Appeals, already said he should die?
In consequence, as Mrs.¬†Griffiths began her plea, her voice shakyвБ†вАФretracing as best she could the story of ClydeвАЩs life, his virtues, the fact that at no time ever had he been a bad or cruel boyвБ†вАФthat Roberta, if not Miss X, was not entirely guiltless in the matterвБ†вАФhe merely gazed at her deeply moved. The love and devotion of such a mother! Her agony in this hour; her faith that her son could not be as evil as the proven facts seemed to indicate to him and everyone else. вАЬOh, my dear Governor, how can the sacrifice of my sonвАЩs life now, and when spiritually he has purged his soul of sin and is ready to devote himself to the work of God, repay the state for the loss of that poor, dear girlвАЩs life, whether it was accidentally or otherwise takenвБ†вАФhow can it? Can not the millions of people of the state of New York be merciful? Cannot you as their representative exercise the mercy that they may feel?вАЭ
Her voice brokeвБ†вАФshe could not go on. Instead she turned her back and began to cry silently, while Waltham, shaken by an emotion he could not master, merely stood there. This poor woman! So obviously honest and sincere. Then the Reverend McMillan, seeing his opportunity, now entering his plea. Clyde had changed. He could not speak as to his life beforeвБ†вАФbut since his incarcerationвБ†вАФor for the last year, at least, he had come into a new understanding of life, duty, his obligations to man and God. If but the death sentence could be commuted to life imprisonmentвБ†вАФ
And the Governor, who was a very earnest and conscientious man, listened with all attention to McMillan, whom, as he saw and concluded was decidedly an intense and vital and highly idealistic person. No question in his own mind but what the words of this manвБ†вАФwhatever they were, would be trueвБ†вАФin so far as his own understanding would permit the conception of a truth.
вАЬBut you, personally, Mr.¬†McMillan,вАЭ the Governor at last found voice to say, вАЬbecause of your long contact with him in the prison thereвБ†вАФdo you know of any material fact not introduced at the trial which would in any way tend to invalidate or weaken any phase of the testimony offered at the trial? As you must know this is a legal proceeding. I cannot act upon sentiment aloneвБ†вАФand especially in the face of the unanimous decision of two separate courts.вАЭ
He looked directly at McMillan, who, pale and dumb, now gazed at him in return. For now upon his wordвБ†вАФupon his shoulders apparently was being placed the burden of deciding as to ClydeвАЩs guilt or innocence. But could he do that? Had he not decided, after due meditation as to ClydeвАЩs confessions, that he was guilty before God and the law? And could he nowвБ†вАФfor mercyвАЩs sakeвБ†вАФand in the face of his deepest spiritual conviction, alter his report of his conviction? Would that be trueвБ†вАФwhite, valuable before the Lord? And as instantly deciding that he, ClydeвАЩs spiritual adviser, must not in any way be invalidated in his spiritual worth to Clyde. вАЬYe are the salt of the earth; but if the salt have lost his savor, wherewith shall it be salted?вАЭ And forthwith he declared: вАЬAs his spiritual advisor I have entered only upon the spiritual, not the legal aspect of his life.вАЭ And thereupon Waltham at once deciding, from something in McMillanвАЩs manner that he, like all others, apparently, was satisfied as to ClydeвАЩs guilt. And so, finally finding courage to say to Mrs.¬†Griffiths: вАЬUnless some definite evidence such as I have not yet seen and which will affect the legality of these two findings can be brought me, I have no alternative, Mrs.¬†Griffiths, but to allow the verdict as written to stand. I am very sorryвБ†вАФoh, more than I can tell you. But if the law is to be respected its decisions can never be altered except for reasons that in themselves are full of legal merit. I wish I could decide differently. I do indeed. My heart and my prayers go with you.вАЭ
He pressed a button. His secretary entered. It was plain that the interview was ended. Mrs. Griffiths, violently shaken and deeply depressed by the peculiar silence and evasion of McMillan at the crucial moment of this interview when the Governor had asked such an all important and direct question as to the guilt of her son, was still unable to say a word more. But now what? Which way? To whom to turn? God, and God only. She and Clyde must find in their Creator the solace for his failure and death in this world. And as she was thinking and still weeping, the Reverend McMillan approached and gently led her from the room.
When she was gone the Governor finally turned to his secretary:
вАЬNever in my life have I faced a sadder duty. It will always be with me.вАЭ He turned and gazed out upon a snowy February landscape.
And after this but two more weeks of life for Clyde, during which time, and because of his ultimate decision conveyed to him first by McMillan, but in company with his mother, from whose face Clyde could read all, even before McMillan spoke, and from whom he heard all once more as to his need of refuge and peace in God, his Savior, he now walked up and down his cell, unable to rest for any length of time anywhere. For, because of this final completely convincing sensation, that very soon he was to die, he felt the need, even now of retracing his unhappy life. His youth. Kansas City. Chicago. Lycurgus. Roberta and Sondra. How swiftly they and all that was connected with them passed in review. The few, brief, bright intense moments. His desire for moreвБ†вАФmoreвБ†вАФthat intense desire he had felt there in Lycurgus after Sondra came and now this, this! And now even this was endingвБ†вАФthisвБ†вАФthisвБ†вАФWhy, he had scarcely lived at all as yetвБ†вАФand these last two years so miserably between these crushing walls. And of this life but fourteen, thirteen, twelve, eleven, ten, nine, eight of the filtering and now feverish days left. They were goingвБ†вАФgoing. But lifeвБ†вАФlifeвБ†вАФhow was one to do without thatвБ†вАФthe beauty of the daysвБ†вАФof the sun and rainвБ†вАФof work, love, energy, desire. Oh, he really did not want to die. He did not. Why say to him so constantly as his mother and the Reverend McMillan now did to resolve all his care in divine mercy and think only of God, when now, now, was all? And yet the Reverend McMillan insisting that only in Christ and the hereafter was real peace. Oh, yesвБ†вАФbut just the same, before the Governor might he not have saidвБ†вАФmight he not have said that he was not guiltyвБ†вАФor at least not entirely guiltyвБ†вАФif only he had seen it that wayвБ†вАФthat timeвБ†вАФand thenвБ†вАФthenвБ†вАФwhy then the Governor might have commuted his sentence to life imprisonmentвБ†вАФmight he not? For he had asked his mother what the Reverend McMillan had said to the GovernorвБ†вАФ(yet without saying to her that he had ever confessed all to him), and she had replied that he had told him how sincerely he had humbled himself before the LordвБ†вАФbut not that he was not guilty. And Clyde, feeling how strange it was that the Reverend McMillan could not conscientiously bring himself to do more than that for him. How sad. How hopeless. Would no one ever understandвБ†вАФor give him credit for his humanвБ†вАФif all too human and perhaps wrong hungersвБ†вАФyet from which so many othersвБ†вАФalong with himself suffered?
But worse yet, if anything, Mrs.¬†Griffiths, because of what the Reverend McMillan had saidвБ†вАФor failed to say, in answer to the final question asked by Governor WalthamвБ†вАФand although subsequently in answer to an inquiry of her own, he had repeated the statement, she was staggered by the thought that perhaps, after all, Clyde was as guilty as at first she had feared. And because of that asking at one point:
вАЬClyde, if there is anything you have not confessed, you must confess it before you go.вАЭ
вАЬI have confessed everything to God and to Mr.¬†McMillan, Mother. IsnвАЩt that enough?вАЭ
вАЬNo, Clyde. You have told the world that you are innocent. But if you are not you must say so.вАЭ
вАЬBut if my conscience tells me that I am right, is not that enough?вАЭ
вАЬNo, not if GodвАЩs word says differently, Clyde,вАЭ replied Mrs.¬†Griffiths nervouslyвБ†вАФand with great inward spiritual torture. But he chose to say nothing further at that time. How could he discuss with his mother or the world the strange shadings which in his confession and subsequent talks with the Reverend McMillan he had not been able to solve. It was not to be done.
And because of that refusal on her sonвАЩs part to confide in her, Mrs.¬†Griffiths, tortured, not only spiritually but personally. Her own sonвБ†вАФand so near death and not willing to say what already apparently he had said to Mr.¬†McMillan. Would not God ever be done with this testing her? And yet on account of what McMillan had already saidвБ†вАФthat he considered Clyde, whatever his past sins, contrite and clean before the LordвБ†вАФa youth truly ready to meet his MakerвБ†вАФshe was prone to rest. The Lord was great! He was merciful. In His bosom was peace. What was deathвБ†вАФwhat lifeвБ†вАФto one whose heart and mind were at peace with Him? It was nothing. A few years (how very few) and she and Asa and after them, his brothers and sisters, would come to join himвБ†вАФand all his miseries here would be forgotten. But without peace in the LordвБ†вАФthe full and beautiful realization of His presence, love, care and mercyвБ†вАКвБ†вА¶вАК! She was tremulous at moments now in her spiritual exaltationвБ†вАФno longer quite normalвБ†вАФas Clyde could see and feel. But also by her prayers and anxiety as to his spiritual welfare, he was also able to see how little, really, she had ever understood of his true moods and aspirations. He had longed for so much there in Kansas City and he had had so little. ThingsвБ†вАФjust thingsвБ†вАФhad seemed very important to himвБ†вАФand he had so resented being taken out on the street as he had been, before all the other boys and girls, many of whom had all the things that he so craved, and when he would have been glad to have been anywhere else in the world than out thereвБ†вАФon the street! That mission life that to his mother was so wonderful, yet, to him, so dreary! But was it wrong for him to feel so? Had it been? Would the Lord resent it now? And, maybe, she was right as to her thoughts about him. Unquestionably he would have been better off if he had followed her advice. But how strange it was, that to his own mother, and even now in these closing hours, when above all things he craved sympathyвБ†вАФbut more than sympathy, true and deep understandingвБ†вАФeven nowвБ†вАФand as much as she loved and sympathized with, and was seeking to aid him with all her strength in her stern and self-sacrificing wayвБ†вАФstill he could not turn to her now and tell her, his own mother, just how it all happened. It was as though there was an unsurmountable wall or impenetrable barrier between them, built by the lack of understandingвБ†вАФfor it was just that. She would never understand his craving for ease and luxury, for beauty, for loveвБ†вАФhis particular kind of love that went with show, pleasure, wealth, position, his eager and immutable aspirations and desires. She could not understand these things. She would look on all of it as sinвБ†вАФevil, selfishness. And in connection with all the fatal steps involving Roberta and Sondra, as adulteryвБ†вАФunchastityвБ†вАФmurder, even. And she would and did expect him to be terribly sorry and wholly repentant, when, even now, and for all he had said to the Reverend McMillan and to her, he could not feel soвБ†вАФnot wholly soвБ†вАФalthough great was his desire now to take refuge in God, but better yet, if it were only possible, in her own understanding and sympathetic heart. If it were only possible.
Lord, it was all so terrible! He was so alone, even in these last few and elusive hours (the swift passing of the days), with his mother and also the Reverend McMillan here with him, but neither understanding.
But, apart from all this and much worse, he was locked up here and they would not let him go. There was a systemвБ†вАФa horrible routine systemвБ†вАФas long since he had come to feel it to be so. It was iron. It moved automatically like a machine without the aid or the hearts of men. These guards! They with their letters, their inquiries, their pleasant and yet really hollow words, their trips to do little favors, or to take the men in and out of the yard or to their bathsвБ†вАФthey were iron, tooвБ†вАФmere machines, automatons, pushing and pushing and yet restraining and restraining oneвБ†вАФwithin these walls, as ready to kill as to favor in case of oppositionвБ†вАФbut pushing, pushing, pushingвБ†вАФalways toward that little door over there, from which there was no escapeвБ†вАФno escapeвБ†вАФjust on and onвБ†вАФuntil at last they would push him through it never to return! Never to return!
Each time he thought of this he arose and walked the floor. Afterwards, usually, he resumed the puzzle of his own guilt. He tried to think of Roberta and the evil he had done her, to read the BibleвБ†вАФevenвБ†вАФlying on his face on the iron cotвБ†вАФrepeating over and over: вАЬLord, give me peace. Lord, give me light. Lord, give me strength to resist any evil thoughts that I should not have. I know I am not wholly white. Oh, no. I know I plotted evil. Yes, yes, I know that. I confess. But must I really die now? Is there no help? Will you not help me, Lord? Will you not manifest yourself, as my mother says you willвБ†вАФfor me? Will you get the Governor to change my sentence before the final moment to life imprisonment? Will you get the Reverend McMillan to change his views and go to him, and my mother, too? I will drive out all sinful thoughts. I will be different. Oh, yes, I will, if you will only spare me. Do not let me die nowвБ†вАФso soon. Do not. I will pray. Yes, I will. Give me the strength to understand and believeвБ†вАФand pray. Oh, do!вАЭ
It was like this in those short, horrible days between the return of his mother and the Reverend McMillan from their final visit to the Governor and in his last hour that Clyde thought and prayedвБ†вАФyet finally in a kind of psychic terror, evoked by his uncertainty as to the meaning of the hereafter, his certainty of death, and the faith and emotions of his mother, as well as those of the Reverend McMillan, who was about every day with his interpretations of divine mercy and his exhortations as to the necessity of complete faith and reliance upon it, he, himself coming at last to believe, not only must he have faith but that he had itвБ†вАФand peaceвБ†вАФcomplete and secure. In that state, and at the request of the Reverend McMillan, and his mother, finally composing, with the personal aid and supervision of McMillan, who changed some of the sentences in his presence and with his consent, an address to the world, and more particularly to young men of his own years, which read:
In the shadow of the Valley of Death it is my desire to do everything that would remove any doubt as to my having found Jesus Christ, the personal Savior and unfailing friend. My one regret at this time is that I have not given Him the preeminence in my life while I had the opportunity to work for Him.
If I could only say some one thing that would draw young men to Him I would deem it the greatest privilege ever granted me. But all I can now say is, вАЬI know in whom I have believed, and am persuaded that He is able to keep that which I have committed unto Him against that dayвАЭ [a quotation that McMillan had familiarized him with].
If the young men of this country could only know the joy and pleasure of a Christian life, I know they would do all in their power to become earnest, active Christians, and would strive to live as Christ would have them live.
There is not one thing I have left undone which will bar me from facing my God, knowing that my sins are forgiven, for I have been free and frank in my talks with my spiritual adviser, and God knows where I stand. My task is done, the victory won.
Having written thisвБ†вАФa statement so unlike all the previous rebellious moods that had characterized him that even now he was not a little impressed by the difference, handing it to McMillan, who, heartened by this triumph, exclaimed: вАЬAnd the victory is won, Clyde. вАШThis day shalt thou be with me in Paradise.вАЩ You have His word. Your soul and your body belong to Him. Praised, everlastingly, be His name.вАЭ
And then so wrought up was he by this triumph, taking both ClydeвАЩs hands in his and kissing them and then folding him in his arms: вАЬMy son, my son, in whom I am well pleased. In you God has truly manifested His truth. His power to save. I see it. I feel it. Your address to the world is really His own voice to the world.вАЭ And then pocketing the note with the understanding that it was to be issued after ClydeвАЩs deathвБ†вАФnot before. And yet Clyde having written this, still dubious at moments. Was he truly saved? The time was so short? Could he rely on God with that absolute security which he had just announced now characterized him? Could he? Life was so strange. The future so obscure. Was there really a life after deathвБ†вАФa God by whom he would be welcomed as the Reverend McMillan and his own mother insisted? Was there?
In the midst of this, two days before his death and in a final burst of panic, Mrs.¬†Griffiths wiring the Hon.¬†David Waltham: вАЬCan you say before your God that you have no doubt of ClydeвАЩs guilt? Please wire. If you cannot, then his blood will be upon your head. His mother.вАЭ And Robert Fessler, the secretary to the Governor replying by wire: вАЬGovernor Waltham does not think himself justified in interfering with the decision of the Court of Appeals.вАЭ
At last the final dayвБ†вАФthe final hourвБ†вАФClydeвАЩs transfer to a cell in the old death house, where, after a shave and a bath, he was furnished with black trousers, a white shirt without a collar, to be opened at the neck afterwards, new felt slippers and gray socks. So accoutered, he was allowed once more to meet his mother and McMillan, who, from six oвАЩclock in the evening preceding the morning of his death until four of the final morning, were permitted to remain near him to counsel with him as to the love and mercy of God. And then at four the warden appearing to say that it was time, he feared, that Mrs.¬†Griffiths depart leaving Clyde in the care of Mr.¬†McMillan. (The sad compulsion of the law, as he explained.) And then ClydeвАЩs final farewell to his mother, before which, and in between the silences and painful twistings of heart strings, he had managed to say:
вАЬMama, you must believe that I die resigned and content. It wonвАЩt be hard. God has heard my prayers. He has given me strength and peace.вАЭ But to himself adding: вАЬHad he?вАЭ
And Mrs.¬†Griffiths exclaiming: вАЬMy son! My son, I know, I know. I have faith too. I know that my Redeemer liveth and that He is yours. Though we dieвБ†вАФyet shall we live!вАЭ She was looking heavenward, and seemed transfixed. Yet as suddenly turning to Clyde and gathering him in her arms and holding him long and firmly to her, whispering: вАЬMy sonвБ†вАФmy babyвБ†вАФвАЭ And her voice broke and trailed off into breathlessnessвБ†вАФand her strength seemed to be going all to him, until she felt she must leave or fallвБ†вАФAnd so she turned quickly and unsteadily to the warden, who was waiting for her to lead her to Auburn friends of McMillanвАЩs.
And then in the dark of this midwinter morningвБ†вАФthe final momentвБ†вАФwith the guards coming, first to slit his right trouser leg for the metal plate and then going to draw the curtains before the cells: вАЬIt is time, I fear. Courage, my son.вАЭ It was the Reverend McMillanвБ†вАФnow accompanied by the Reverend Gibson, who, seeing the prison guards approaching, was then addressing Clyde.
And Clyde now getting up from his cot, on which, beside the Reverend McMillan, he had been listening to the reading of John, 14, 15, 16: вАЬLet not your heart be troubled. Ye believe in GodвБ†вАФbelieve also in me.вАЭ And then the final walk with the Reverend McMillan on his right hand and the Reverend Gibson on his leftвБ†вАФthe guards front and rear. But with, instead of the customary prayers, the Reverend McMillan announcing: вАЬHumble yourselves under the mighty hand of God that He may exalt you in due time. Cast all your care upon Him for He careth for you. Be at peace. Wise and righteous are His ways, who hath called us into His eternal glory by Christ Jesus, after that we have suffered a little. I am the way, the truth and the lifeвБ†вАФno man cometh unto the Father but by me.вАЭ
But various voicesвБ†вАФas Clyde entered the first door to cross to the chair room, calling: вАЬGoodbye, Clyde.вАЭ And Clyde, with enough earthly thought and strength to reply: вАЬGoodbye, all.вАЭ But his voice sounding so strange and weak, even to himself, so far distant as though it emanated from another being walking alongside of him, and not from himself. And his feet were walking, but automatically, it seemed. And he was conscious of that familiar shuffleвБ†вАФshuffleвБ†вАФas they pushed him on and on toward that door. Now it was here; now it was being opened. There it wasвБ†вАФat lastвБ†вАФthe chair he had so often seen in his dreamsвБ†вАФthat he so dreadedвБ†вАФto which he was now compelled to go. He was being pushed toward thatвБ†вАФinto thatвБ†вАФonвБ†вАФonвБ†вАФthrough the door which was now openвБ†вАФto receive himвБ†вАФbut which was as quickly closed again on all the earthly life he had ever known.
It was the Reverend McMillan, who, gray and wearyвБ†вАФa quarter of an hour later, walked desolatelyвБ†вАФand even a little uncertainlyвБ†вАФas one who is physically very weakвБ†вАФthrough the cold doors of the prison. It was so faintвБ†вАФso weakвБ†вАФso gray as yetвБ†вАФthis late winter dayвБ†вАФand so like himself now. Dead! He, Clyde, had walked so nervously and yet somehow trustingly beside him but a few minutes beforeвБ†вАФand now he was dead. The law! Prisons such as this. Strong, evil men who scoffed betimes where Clyde had prayed. That confession! Had he decided trulyвБ†вАФwith the wisdom of God, as God gave him to see wisdom? Had he? ClydeвАЩs eyes! He, himselfвБ†вАФthe Reverend McMillan had all but fainted beside him as that cap was adjusted to his headвБ†вАФthat current turned onвБ†вАФand he had had to be assisted, sick and trembling, from the roomвБ†вАФhe upon whom Clyde had relied. And he had asked God for strengthвБ†вАФwas asking it.
He walked along the silent streetвБ†вАФonly to be compelled to pause and lean against a treeвБ†вАФleafless in the winterвБ†вАФso bare and bleak. ClydeвАЩs eyes! That look as he sank limply into that terrible chair, his eyes fixed nervously and, as he thought, appealingly and dazedly upon him and the group surrounding him.
Had he done right? Had his decision before Governor Waltham been truly sound, fair or merciful? Should he have said to himвБ†вАФthat perhapsвБ†вАФperhapsвБ†вАФthere had been those other influences playing upon him?вБ†вАКвБ†вА¶ Was he never to have mental peace again, perhaps?
вАЬI know my Redeemer liveth and that He will keep him against that day.вАЭ
And then he walked and walked hours before he could present himself to ClydeвАЩs mother, who, on her knees in the home of the Rev. and Mrs.¬†Francis Gault, Salvationists of Auburn, had been, since four-thirty, praying for the soul of her son whom she still tried to visualize as in the arms of his Maker.
вАЬI know in whom I have believed,вАЭ was a part of her prayer.
Souvenir
Dusk, of a summer night.
And the tall walls of the commercial heart of the city of San FranciscoвБ†вАФtall and gray in the evening shade.
And up a broad street from the south of MarketвБ†вАФnow comparatively hushed after the din of the day, a little band of fiveвБ†вАФa man of about sixty, short, stout, yet cadaverous as to the flesh of his faceвБ†вАФand more especially about the pale, dim eyesвБ†вАФand with bushy white hair protruding from under a worn, round felt hatвБ†вАФa most unimportant and exhausted looking person, who carried a small, portable organ such as is customarily used by street preachers and singers. And by his side, a woman not more than five years his juniorвБ†вАФtaller, not so broad, but solid of frame and vigorousвБ†вАФwith snow white hair and wearing an unrelieved costume of blackвБ†вАФdress, bonnet, shoes. And her face broader and more characterful than her husbandвАЩs, but more definitely seamed with lines of misery and suffering. At her side, again, carrying a Bible and several hymn booksвБ†вАФa boy of not more than seven or eightвБ†вАФvery round-eyed and alert, who, because of some sympathetic understanding between him and his elderly companion, seemed to desire to walk close to herвБ†вАФa brisk and smart steppingвБ†вАФalthough none-too-well dressed boy. With these three, again, but walking independently behind, a faded and unattractive woman of twenty-seven or eight and another woman of about fiftyвБ†вАФapparently, because of their close resemblance, mother and daughter.
It was hot, with the sweet languor of a Pacific summer about it all. At Market, the great thoroughfare which they had reachedвБ†вАФand because of threading throngs of automobiles and various lines of cars passing in opposite directions, they awaited the signal of the traffic officer.
вАЬRussell, stay close now.вАЭ It was the wife speaking. вАЬBetter take hold of my hand.вАЭ
вАЬIt seems to me,вАЭ commented the husband, very feeble and yet serene, вАЬthat the traffic here grows worse all the time.вАЭ
The cars clanged their bells. The automobiles barked and snorted. But the little group seemed entirely unconscious of anything save a set purpose to make its way across the street.
вАЬStreet preachers,вАЭ observed a passing bank clerk to his cashier girl friend.
вАЬSureвБ†вАФI see them up here nearly every Wednesday.вАЭ
вАЬGee, itвАЩs pretty tough on the little kid, I should think. HeвАЩs pretty small to be dragged around on the streets, donвАЩt you think, Ella?вАЭ
вАЬWell, IвАЩll say so. IвАЩd hate to see a brother of mine in on any such game. What kind of a life is that for a kid anyhow?вАЭ commented Ella as they passed on.
Having crossed the street and reached the first intersection beyond, they paused and looked around as though they had reached their destinationвБ†вАФthe man putting down his organ which he proceeded to openвБ†вАФsetting up, as he did so, a small but adequate music rack. At the same time his wife, taking from her grandson the several hymnals and the Bible he carried, gave the Bible as well as a hymnal to her husband, put one on the organ and gave one to each of the remaining group including one for herself. The husband looked somewhat vacantly about himвБ†вАФyet, none-the-less with a seeming wide-eyed assurance, and began with:
вАЬWe will begin with 276 tonight. вАШHow firm a foundation.вАЩ All right, Miss Schoof.вАЭ
At this the younger of the two womenвБ†вАФvery parched and spareвБ†вАФangular and homelyвБ†вАФto whom life had denied quite allвБ†вАФseated herself upon the yellow camp chair and after arranging the stops and turning the leaves of the book, began playing the chosen hymn, to the tune of which they all joined in.
By this time various homeward bound individuals of diverse occupations and interests noticing this small group so advantageously disposed near the principal thoroughfare of the city, hesitated a momentвБ†вАФeither to eye them askance or to ascertain the character of their work. And as they sang, the nondescript and indifferent street audience gazed, held by the peculiarity of such an unimportant group publicly raising its voice against the vast skepticism and apathy of life. That gray and flabby and ineffectual old man, in his worn and baggy blue suit. This robust and yet uncouth and weary and white-haired woman; this fresh and unsoiled and unspoiled and uncomprehending boy. What was he doing here? And again that neglected and thin spinster and her equally thin and distrait looking mother. Of the group, the wife stood out in the eyes of the passersby as having the force and determination which, however blind or erroneous, makes for self-preservation, if not real success in life. She, more than any of the others, stood up with an ignorant, yet somehow respectable air of conviction. And as several of the many who chanced to pause, watched her, her hymnbook dropped to her side, her glance directed straight before her into space, each said on his way: вАЬWell, here is one, who, whatever her defects, probably does what she believes as nearly as possible.вАЭ A kind of hard, fighting faith in the wisdom and mercy of the definite overruling and watchful and merciful power which she proclaimed was written in her every feature and gesture.
The song was followed with a long prayer by the wife; then a sermon by the husband, testimonies by the othersвБ†вАФall that God had done for them. Then the return march to the hall, the hymnals having been gathered, the organ folded and lifted by a strap over the husbandвАЩs shoulder. And as they walkedвБ†вАФit was the husband that commented: вАЬA fine night. It seemed to me they were a little more attentive than usual.вАЭ
вАЬOh, yes,вАЭ returned the younger woman that had played the organ. вАЬAt least eleven took tracts. And one old gentleman asked me where the mission was and when we held services.вАЭ
вАЬPraise the Lord,вАЭ commented the man.
And then at last the mission itselfвБ†вАФвАЬThe Star of Hope. Bethel Independent Mission, Meetings every Wednesday and Saturday night, 8 to 10. Sundays at 11, 3, 8. Everybody welcome.вАЭ And under this legend in each windowвБ†вАФвАЬGod is Love.вАЭ And below that again in smaller type: вАЬHow long since you wrote to Mother.вАЭ
вАЬKinвАЩ I have a dime, grandma? I wanaвАЩ go up to the corner and git an ice-cream cone.вАЭ It was the boy asking.
вАЬYes, I guess so, Russell. But listen to me. You are to come right back.вАЭ
вАЬYes, I will, grandma, sure. You know me.вАЭ
He took the dime that his Grandmother had extracted from a deep pocket in her dress and ran with it to the ice-cream vendor.
Her darling boy. The light and color of her declining years. She must be kind to him, more liberal with him, not restrain him too much, as maybe, maybe, she hadвБ†вАФShe looked affectionately and yet a little vacantly after him as he ran. вАЬFor his sake.вАЭ
The small company, minus Russell, entered the yellow, unprepossessing door and disappeared.