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. + 