XVI

2 0 00

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.