Front matter (continued 8)

"Yes," said Marriott, "and very clever."

"Clever?"

"He means to try him for the murder of Kouka, and convict him of the murder of Margaret Flanagan."

This morning then, Archie awaited the hour of his trial. The night before he had played solitaire, trying to read his fate in the fall of the fickle cards. The first game he had lost; then he decided that he was entitled to two out of three chances. He played again, and lost. Then he decided to play another--best three out of five--he might win the other two. He played and won the third game. He lost the fourth. And now he stood and waited. At half-past eight he drew on his waistcoat and his coat, giving them a final brushing. The Duke was singing again:

"An' I wish there were no bobbies,

I do, I does--'cause why?--

This oakum pickin' gives me such a lickin',

But still I likes to do a bit o' nickin',

Wi' me 'ands,

Wi' me dukes,

Wi' me clawrs,

Me mud hooks."

The last words of the song were punctuated by the clanging of the bolts.

"Koerner!" called out Danner's voice.

He was throwing the locks of Archie's cell from the big steel box by the door. Archie sprang to his feet, gave his cravat a final touch, and adjusted his coat. The steel door went gliding back in its hard grooves. He stepped out, thence through the other door, and there Danner waited. Archie held out his right hand, Danner slipped on the handcuff and its spring clicked. As they went out, cries came from the cells.

"So long, Archie! Good luck to ye!"

"Good luck!" came the chorus.

Archie, standing in the strange light outside the prison, seemed to take on a changed aspect. He had grown fat during his two months' idleness in jail; his skin was white and soft. Now in the gray light of the January morning, his face had lost the ruddy glow Blanco's shaving had imparted to it, and was pale. The snow lay on the ground, the air was cold and raw. Archie gasped in the surprise his lungs felt in this atmosphere, startling in its cold and freshness after the hot air of the steam-heated jail. He filled his lungs with the air and blew it out again in frost. A shudder ran through him. Danner was jovial for once.

"Fine day," he said.

Archie did not reply. He hated Danner more than he hated most people, and he hated every one, almost--save Marriott and Gusta, and his father and mother and the kids, and Elizabeth, who, as Marriott had reported to him, wished him well. The air and the light gave him pain--he shrank from them; he had not been outdoors since that day, a month before, when he had been taken over with Curly to be arraigned. He looked on the world again, the world that was so strange and new. Once more there swept over him that queer sensation that always came as he stepped out of prison, the sensation of fear, of uncertainty, a doubt of reality, the blur before his eyes. The streets were deserted, the houses still. The snow crunched frigidly under his heels. The handcuff chain clicked in the frost. A wagon turned the corner; the driver walked beside his steaming horses and flapped his arms about his shoulders; the wheels whined on the snow. Archie looked at the man; it was strange, he felt, that a man should be free to walk the streets and flap his arms that way.

XIII

The court-room was already crowded and buzzed with a pleasant yet excited hum of voices. Mrs. Koerner, the first to appear that morning, had been given a seat directly in front of the bailiff's elevated desk, where she was to sit, a conspicuous figure of sorrow through all the trial. The twenty-four aged men of the special venire were seated inside the bar; the reporters were at their table; two policemen, wearing their heavy overcoats as if they were no discomfort at all, were gossiping together; Giles, the court stenographer, grown old in automatic service, wandered about in a thin coat with ragged sleeves, its shoulders powdered by dandruff. The life that for so many years had been unfolded to him in a series of dramatic tableaux could have interested him but little; he seemed, indeed, to have reduced it to mere symbols--dashes, pothooks, points and outlines. At one of the trial tables sat Marriott. He was nervous, not having slept well the night before. At the table with him was Pennell, the young lawyer with the gift of the gab, who had been so unfortunate as to win the oratorical prize in college. Pennell, at the last moment, somehow--Marriott never knew exactly how--had insinuated himself into the case. He explained his appearance by saying, in his grand, mysterious way, that he had been engaged by "certain influential friends" of Archie's, who preferred to remain unknown. Archie, who did not know that he had any influential friends, could not explain Pennell's presence, but, feeling that the more lawyers he had the better, he was secretly glad, and Marriott, who bowed before the whole situation in a kind of helpless fatalism, made no objection.

But suddenly a change occurred. The atmosphere became electric. Men started up, their eyes glistened, they leaned forward, a low murmur arose; the old bailiff started violently, smote his marble slab with his gavel, and Mark Bentley, very red in the face, was seen striding toward the door, waving his authoritative hand and calling:

"Back there! Get back, I tell you!"

Archie had just been brought in. Danner led him to the trial table, and he took his seat, hid his manacled hands, and sat motionless, gazing straight before him, unconsciously obeying some long-hidden, obscure instinct of the hunted. But Marriott's hand had found his.

"How did you sleep last night?"

"Pretty well," said Archie as politely as possible, the occasion seeming to require those conventionalities of which he was so very uncertain.

"Well, we'll soon be at it now," said Marriott, thinking, however, of his own wretched night.

Archie watched Marriott tumble the papers out of his green bag and arrange his briefs and memoranda; he did not take his eyes from the green bag. Whenever he did, they met other eyes that looked at him with an expression that combined all the lower, brutish impulses--curiosity, fear and hate.

At half-past nine Glassford, having finished his cigar, entered the court-room. Directly behind him came Eades. The bailiff, who if he had been drowsing again, had been drowsing as always, with one eye on Glassford, now got to his feet, and, as Glassford ascended the bench, struck the marble slab with the gavel and in the instant stillness, repeated his worn formula.

"The case of the State versus Archie Koerner," said Glassford, reading from his docket. He glanced over his gold glasses at Marriott.

"Are you ready for trial, Mr. Marriott?"

"We are ready, your Honor."

Danner unlocked the handcuffs from Archie's wrists. The reporters began writing feverishly; already messenger boys were coming and going. Gard, the clerk, was calling the roll of the venire-men, and when he had done, it was time for the lawyers to begin examining them; but before this could be done, it was necessary that a formula be repeated to them, and Gard told them to stand up. As soon as they could comprehend his meaning, they got to their feet with their various difficulties, and Gard proceeded:

"'You and each of you do solemnly swear'--hold up your right hands--'that the answers you are about to give will be the truth, the whole truth, and nothing but the truth, s'elp you God.'"

And then, in a lower voice, as if the real business were now to begin, he called:

"William C. McGiffert."

An aged man came forward leaning on a crooked cane, and took the witness-stand. Eades began his examination by telling McGiffert about the death of Kouka, and, when he had finished, asked him if he had ever heard of it, or read of it, or formed or expressed an opinion about it, if he were related to Koerner, or to Marriott, or to Pennell, or had ever employed them, or either of them, as attorney. Then he asked McGiffert if Lamborn or himself had acted as his attorney; finally, with an air of the utmost fairness, as if he would not for worlds have any but an entirely unprejudiced jury, he appealed to McGiffert to tell whether he knew of any reason why he could not give Koerner a fair and impartial trial and render a verdict according to the law and the evidence. McGiffert had shaken his head hastily at each one of Eades's questions. Eades paused impressively, then asked a question that sent a thrill through the onlookers.

"Mr. McGiffert, have you any conscientious scruples against capital punishment?"

The suggestive possibility affected men strangely; they leaned forward, hanging on the reply. McGiffert shook his aged head again as if it were a gratuitous reflection on his character to hint at his being in any way unfit for this office.

Eades, having had McGiffert on many juries and knowing that he invariably voted for conviction, with a graceful gesture of his white hand, waved him, as it were, to Marriott.

Marriott, after an examination he knew was hopeless from the start, found no cause for challenge; and after Glassford, as if some deeper possibilities had occurred to his superior mind, had asked McGiffert about his age and his health, McGiffert, with the relief of a man who has passed successfully through an ordeal, climbed hastily into the jury-box and retreated to its farthest corner, as if it were a safe place from which he could not be dislodged.

One by one the venire-men were examined; several were excused. One old man, although he protested, was manifestly deaf, another had employed Eades, another rose and, hanging over the desk, whispered to Glassford, who immediately excused him because of physical disability; finally, by noon, the panel was full.

Marriott scanned the twelve bearded men. Viewed as a whole, they seemed well to typify the great institution of the English law, centuries old; their beards clung to them like the gray moss of a live-oak, hoary with age. But these patriarchal beards could lend little dignity. The old men sat there suggesting the diseases of age--rheumatism, lumbago, palsy--death and decay. Their faces were mere masks of clay; they were lacking in imagination, in humor, in sympathy, in pity, in mercy, all the high human qualities having long ago died within them, leaving their bodies untenanted. He knew they were ready at that moment to convict Archie. He had sixteen peremptory challenges, and as he reflected that these would soon be exhausted and that the men who were thus excused would be replaced by others just like them, a despair seized him. But it was imperative to get rid of these; they were, for the most part, professional jurors who would invariably vote for the state. He must begin to use those precious peremptory challenges and compel the court to issue special venires; in the haste and confusion men might be found who would be less professional and more intelligent. In this case, involving, as it did, the Flanagan case, he needed strong, independent men, whereas Eades required instead weak, subservient and stupid men--men with crystallized minds, dull, orthodox, inaccessible to ideas. Furthermore, Marriott recalled that juries are not made up of twelve men, as the law boasts, but of two or three men, or more often, of one man stronger than the rest, who dominates his fellows, lays his masterful will upon them, and bends them to his wishes and his prejudices. Perhaps, in some special venire, quite by accident, when the sheriff's deputies began to scour the town, there might be found one such man, who, for some obscure reason, would incline to Archie's side. On such a caprice of fate hung Archie's life.

"Mr. Marriott, the court is waiting," said Glassford.

"If your Honor will indulge us a moment." Then Marriott whispered to Archie.

"Je's," said Archie. "Looks cheesy to me. Looks to me like a lot o' rummy blokes. They've got it all framed up now. Them old hoosiers would cop the cush all right." Archie whispered with the sneering cynicism of one who holds the belief of the all-powerful influence of money. "That old harp back there in the corner with the green benny on, he looks like a bull to me. Go after him and knock him off."

Archie had indicated quite openly an aged Irishman who sat huddled in a faded overcoat in the rear row. He had white chin-whiskers and a long, broad, clean-shaven upper lip.

"Mr. McGee," said Marriott, rising, "what business are you in?"

"Oi'm retired, sor."

"Were you ever on the police force?"

"Well, sor," said McGee uneasily, "Oi wor wance, sor--yes, sor."

He looked up now with a nonchalant air.

"How long were you on the force?"

"Twinty-wan years, sor."

Marriott questioned him at length, finally challenged him for cause; Eades objected, they argued, and Glassford overruled the challenge. Then, having certainly offended McGee, there was nothing for Marriott to do but to submit a peremptory challenge.

By night the venire was exhausted and Glassford ordered a special venire. With the serving of the special venires, a difference was noted; whereas the men on the first venire had studied how they should qualify themselves for jury service, the men whom Bentley and his deputies now haled into court, studied how they should disqualify themselves. They were all impatient of the senseless tedium, of the costly interruption, being men with real work to do. They replied like experts; all had read of the case, all had formed and expressed opinions, and their opinions could not be shaken by any evidence that might be adduced. Glassford plied them with metaphysical questions; drew psychological distinctions; but in vain. Many of them had scruples against capital punishment; a score of them, fifty of them swore to this, to the delight but disappointment of Marriott, the discomfiture of Eades, the perplexity of Glassford, and the dull amazement of the men in the jury-box, who had no conscientious scruples against anything. Still others had certificates of various kinds exempting them from jury service, which they exhibited with calm smiles and were excused.

Marriott eked out his precious peremptory challenges for three days; venire after venire was issued, and Bentley was happy, for all this meant fees. The crowd diminished. The lawyers grew weary and no longer exerted themselves to say clever things. The sky, which had sparkled a cold, frosty blue for days, was overcast with gray clouds, the atmosphere was saturated with a chill and penetrating moisture. This atmosphere affected men strangely. Eades and Marriott had a dispute, Danner ordered Archie to sit erect, Glassford sharply rebuked two citizens who did not believe in capital punishment for their lack of a sense of civic duty; then he whirled about in his chair and exclaimed angrily:

"We'll not adjourn to-night until we have a jury!"

Marriott had one peremptory challenge left, and eleven men had been accepted. It was now a matter of luck.

"George Holden," called the clerk.

A broad-shouldered man of medium height came promptly forward, took the oath, leaned back in his chair, crossed his legs, folded his strong hands in his lap, and raised a pair of deep blue eyes to Eades. As he sat there, something in the poise of his fine head, with its thick curly hair, claimed attention; interest revived; every one looked at him. He had a smooth-shaven face and a wide white brow, and the collar of his dark flannel shirt was open, freeing his strong neck and ample throat. Marriott suddenly conceived a liking for the man.

"What is your occupation, Mr. Holden?" asked Eades.

"Machinist."

He had read the newspaper accounts of the murder of Kouka and of the Flanagan tragedy, but he had not formed any real opinions; he may have formed impressions, but he could lay them aside; he didn't go much anyway, he said, on what he read in the newspapers.

The formal questions were put and answered to Eades's satisfaction; then came the real question:

"Are you opposed to capital punishment?"

"Yes, sir, I am."

"Are your scruples conscientious ones?"

"Yes, sir."

"And not to be overcome?"

"They are not to be overcome."

Just then Glassford, impatient of all these scruples he was hearing so much about, whirled on Holden with a scowl. Holden turned; his blue eyes met those of Glassford.

"You don't want to sit on this jury, do you?" demanded Glassford.

"No, sir."

"It would interfere with your business, wouldn't it?"

"No, sir."

"It wouldn't? You earn good wages, don't you?"

"I'm out of a job now, sir."

"Well, are your scruples such that you can't lay them aside long enough to do your duty as a citizen?"

Holden flushed.

"I can't lay them aside, no; but it doesn't follow that I can't do my duty as a citizen."

"But," began Glassford in his tone of legal argument, "assuming that the law as it is should be altered, nevertheless, knowing the law, can you lay aside your private views and perform a public duty by applying this law to a given state of facts as the court instructs you?--You understand me, do you?"

"I understand perfectly, sir."

"Well, what do you say?"

"I have no private views that are not public ones; I can't see any distinction. I say that I would not take an oath that might oblige me to vote to kill a man."

The atmosphere became tense.

"But assuming you had taken an oath, would you rather break that oath than discharge your duty?"

"I wouldn't take such an oath."

"Then you place your private opinions above the law, do you?"

"In this instance, I do. I don't believe in that law, and I won't help enforce it."

"You mean,"--Glassford was plainly angry--"that you wouldn't take an oath to enforce a law you didn't believe in?"

"That's just what I mean."

Glassford looked an instant at Holden as if trying to decide what he had better do with him for these heresies. Holden's blue eyes were steady; they returned Glassford's gaze, seeming scarcely to wink. And just then Eades, fearing the effect of the man's scruples on the jury, thought best to relieve the situation.

"We submit a challenge for cause," he said.

"Allowed," Glassford snapped. "We don't want such men as you on juries."

He whirled about in his chair, turned his back on Holden, and as Holden walked directly from the courtroom, the eyes of all followed him, with a strange interest in a man who was considered unfit for jury service because he had principles he would not forego.

"Samuel Walker," called Gard.

An aged, doddering man tottered to the chair. He scarcely spoke in answer to Eades's questions; when he did, it was in the weak, quavering voice of senility. He had no occupation, knew none of the lawyers, had no knowledge of the case, had neither formed nor expressed opinions, and had no scruples against capital punishment.

"You believe that the laws should be executed and upheld?" said Eades in an insinuating tone.

"Heh?" said the old man, leaning forward with an open palm behind his hairy ear.

Eades repeated the question and the fellow nodded.

Marriott turned in disgust from this stupid, senile man who was qualified, as impatiently as Glassford had turned from the intelligent man who was disqualified. And then, just as Walker was making for the jury-box, Marriott used his last peremptory challenge.

A moment later he saw his mistake. Gard was calling a name he knew.

"William A. Broadwell."

The short winter afternoon was closing in. For half an hour shadows had been stealing wearily through the room; the spectators had become a blurred mass, the jurymen lounging in the box had grown indistinct in the gloom. For some time, the green shade of the electric lamp on the clerk's desk had been glowing, but now, as Broadwell came forward, the old bailiff, shuffling across the floor, suddenly switched on the electricity, and group by group, cluster by cluster, the bulbs sprang into light, first in the ceiling, then on the walls, then about the judge's bench. There was a touch of the theatrical in it, for the lights seemed to have been switched on to illuminate the entrance of this important man.

He was sworn and took the witness-chair, which he completely filled, and clasped his white hands across his round paunch with an air that savored of piety and unction. The few gray hairs glistening at the sides of his round bald head gave it a tonsured appearance; fat enfolded his skull, rounding at his temples, swelling on his clean-shaven, monkish cheeks, falling in folds like dewlaps over his linen collar. He sat there with satisfaction, breathing heavily, making no movement, excepting as to his thin lips which he pursed now and then as if to adjust them more and more perfectly to what he considered the proper expression of impeccability. Marriott was utterly sick at heart. For he knew William A. Broadwell, orthodox, formal, eminently respectable, a server on committees, a deacon with certain cheap honors of the churchly kind, a Pharisee of the Pharisees.

In his low solemn voice, pursing his lips nicely after each sentence as if his own words tasted good to him, Broadwell answered Eades's questions; he had no opposition to capital punishment, indeed, he added quite gratuitously, he believed in supporting it; he had great veneration for the law, and--oh, yes, he had read accounts of the murder; read them merely because he esteemed it a citizen's duty to be conversant with affairs of the day, and he had formed opinions as any intelligent man must necessarily.

"But you could lay aside those opinions and reach a conclusion based purely on evidence, of course, Mr. Broadwell?"

"Oh, yes, sir," said Broadwell, with an unctuous smile that deprecated the idea of his being influenced in any but the legitimate way.

"We are thoroughly satisfied with Mr. Broadwell, your Honor," said Eades.

"One minute, Mr. Broadwell," began Marriott.

Glassford looked at Marriott the surprise he felt at his presumption, and Marriott felt an opposition in the room. Broadwell shifted slightly, pursed his lips smugly and looked down on Marriott with his wise benevolence.

"Mr. Broadwell, you say you read the accounts of the tragedy?"

"Yes."

"Did you read all of them?"

"I believe so."

"Read the report of the evidence given on the preliminary hearing?"

"Yes."

"Read the editorials in the Courier?"

"Yes."

"You respect its opinions?"

"I do, yes."

"Your pastor preached a sermon on this case, did he not?"

"He made applications of it in an illustrative way."

"Quite edifying, of course?"

Marriott knew he had made a mistake, but the impulse to have this fling had been irresistible. Broadwell bowed coldly.

"And all these things influenced you?"

"Yes."

"Exactly. And on them you have formed an opinion respecting the guilt or innocence of this young man?"

Broadwell cast a hasty sidelong glance at Glassford, as if this had gone quite far enough, but he said patiently:

"Yes."

"And it would require evidence to remove that opinion?"

"I presume it would."

"You know it would, don't you?"

"Yes."

"We submit a challenge for cause, your Honor," said Marriott.

Glassford turned to Broadwell with an air that told how speedily he would make an end of this business.

"You have talked with none of the witnesses, Mr. Broadwell?"

"Oh, no, sir," said Broadwell, smiling at the absurdity.

"The accounts you read were not stenographic reports of the evidence?"

"No, sir; abstracts, rather, I should say."

"Exactly. Were the conclusions you came to opinions, or mere impressions?"

"Mere impressions I should say, your Honor."

"They are not to be dignified by the name of opinions?"

"Hardly, your Honor."

"If they were, you could lay them aside and try this case on its merits, basing your judgment on the evidence as it is adduced, and on the law as the court shall declare it to you?"

"Certainly, your Honor."

Glassford turned away.

"If the court," he said, "had any doubts in this matter, they would be resolved in favor of the defendant, but the court has none. My own knowledge of Mr. Broadwell and of his standing in the community leads me to declare that he is the very man for such important service, and the court feels that we are to be congratulated on having him to assist us in trying this case. The challenge is overruled. You may take your seat in the jury-box, Mr. Broadwell."

Glassford consulted his notes; the peremptory challenges were all exhausted now.

"The jury will rise and be sworn," he said.

Marriott had suffered his first defeat. He looked at the jury. A change had taken place; these twelve men no longer impressed him as an institution grown old and gray with the waste of ages. They no longer held for him any symbolic meaning; little by little, during the long, tedious hours, individualities had developed, the idea of unity had receded. Seen thus closely and with increasing familiarity, the formal disappeared, the man emerged from the mass, and Marriott found himself face to face with the personal equation. He sat with one arm thrown over the back of his chair and looked at them, watching, as it were, this institution disintegrate into men, merely; men without the inspiration of noble ideals, swayed by primitive impulses, unconsciously responsive to the obscure and mysterious currents of human feeling then flowing through the minds of the people, generating and setting in motion vague, terrible and irresistible powers. He could feel those strange, occult currents moving in him--he must set himself against them that he might stand, though all alone, for the ignorant boy whose soul had strayed so far.

He studied the faces of the twelve men, trying to discover some hope, some means of moving and winning them. There was old McGiffert, who alone of all the first venire had withstood the mutations of the last four days, sitting serene and triumphant, sure of his two dollars a day, utterly unconscious of the grave and tragic significance of the responsibilities he had been so anxious to assume. There was Osgood, the contractor, a long row of cigars, a tooth-brush, and a narrow comb sticking out of his waistcoat pocket; Duncan, with his short sandy hair covering sparsely a red scalp that moved curiously when he uttered certain words; Foley, constantly munching his tobacco, as he had been doing for sixty years, so that when he spoke he did so with closed lips; Slade, the man with the rough red face, who found, as Marriott had at first thought, amusement in everything, for he smiled often, showing his gums and a row of tiny unclean teeth; there was Grey, constantly moving his false teeth about in his mouth; Church, with thin gray hair, white mustache and one large front tooth that pressed into his lower lip; and then Menard, the grocer's clerk, wearing black clothes that long ago had passed out of fashion; his sallow, thin, unhealthy face wearing an expression of fright. Marriott recalled how uncertain Menard had been in his notions about capital punishment; how, at first, he had said he was opposed to it, and how at last, under Glassford's metaphysical distinctions, the boy had declared that he would do his duty. Marriott had been encouraged, thinking that Menard's natural impulses might reassert themselves, but now, alas, he recognized that Menard in the hands of other men would be but the putty he so much resembled. Then there were Reder, the gray old German, and Chisholm and McCann, the aged farmers with the unkempt beards, and Broadwell--ah, Broadwell! For it was Broadwell who held Marriott's gaze at last, as he held his interest; it was Broadwell, indeed, who was that jury. Naturally stronger than the rest, his reputation, his pomposity, the character Glassford had generously given him--all these marked him as the man who would reach that jury's verdict for it, and then, as foreman, solemnly bear it in. Marriott looked at him, smug, sleek, overfed, unctuous, his shining bald head inclined at a meek angle, his little eyes half closed, his pendulous jowls hiding his collar, and realized that this was the man to whom he had to try Archie's case, and he would rather have tried the case to any other man in town. He wished that he had used his challenges differently; any other twelve of the two hundred men who had been summoned would have served his purpose better; he had a wild, impotent regret that he had not allowed the last man to remain before Broadwell suddenly appeared. Broadwell was standing there now with the others, his hand raised, his head thrown back, stretching the white flabby skin of his throat like a frog's, his eyes closed, as if he were about to pronounce a benediction on Archie before sending him to his doom.

Gard was repeating the oath:

"'You and each of you do solemnly swear that you will well and truly try and true deliverance make in the cause now pending, wherein the State is plaintiff and Archie Koerner is defendant, s'elp you God.'"

Broadwell bowed, as if for the jury; Marriott almost expected him to say "Amen."

XIV

The next morning there were the same eager, impatient crowds, but there were yet other preliminaries; the case must now be stated to the jury. And Eades, speaking solemnly, told the jury of the pursuit of Archie and the death of Kouka, all of which had been repeated many times. He spoke of the importance of government, of the sacredness of human life, how heinous a sin it is to kill people, and how important it was to put Archie to death immediately in order that this truth might be better understood, how serious were the juror's duties, how disagreeable his own duties, and so forth. Then he began to describe the murder of Margaret Flanagan, but Marriott objected. They wrangled over this for some time, and, indeed, until Eades, assured that the jurors had been sufficiently reminded of the Flanagan murder, felt satisfied. Then Marriott stated the case for the defense, and finally, that afternoon, the trial began in earnest.

Bentley, following his elaborate system of arrangement, bustled about with a deputy at hand so that he could command him, pushed back the crowd, locked the doors, and thereafter admitted no one unless he wished to. The spectators filled the space outside the bar, and encroached on the space within, forming a dense, closely-packed circle in the center of which were the jury, the lawyers at their tables, Archie and Danner, the reporters, the old stenographer, and Glassford looking down from the bench. The spectators in a strained, nervous silence stared into the pit where the game was to be played, the game for which Eades and Marriott were nerving themselves, the game that had Archie's life for its colossal stake.

But as the afternoon wore on, expectations were not realized; the interest flagged. It was seen that the sensations would not come for days, the proceedings were to move slowly and with a vast and pompous deliberation to their unrevealed climax. Eades called as witnesses several laborers who had been of the crowd that pursued Archie and Curly down the tracks that morning. After them came Weber, the coroner, a fleshy man with red face and neck, who described the inquest, then his official physician, Doctor Zimmerman, a young man with a pointed beard, who wore three chains on his breast, one for the eye-glasses he was constantly readjusting, another for his clinical thermometer, and another for his watch. He gave the details of the post-mortem examination, described the dissection of Kouka's body, and identified the bullet.

The crowd pressed forward, trying to find some sensation in the ghastly relic. Eades gave the bullet to the nearest juryman, who examined it carefully and passed it on. It went from hand to hand of the jurymen, each rolled it in his palm, studied it with a look of wisdom; finally it returned to Eades. And the jurors leaned back in their chairs, convinced that Kouka was dead.

The next morning there were other laborers, other physicians, then railroad detectives, who identified the revolver. The day wore away, the atmosphere of the court-room became heavy and somnolent. As skilfully as he could, Eades drew from his witnesses their stories, avoiding all questions that might disclose facts to Archie's advantage, and Marriott battled with these hostile witnesses in long cross-examinations, seeking in vain for some flaw, some inconsistency. The tedium told on the nerves,--Eades and Marriott had several quarrels, exchanged insults, Glassford was petulant, the stolid jurymen exhaled breaths as heavy as snores. Another day came, and judge and lawyers began with steadier nerves, more impersonal and formal manners; they were able to maintain a studious courtesy, the proceedings had an institutional character, something above the human, but as the day advanced, as the struggle grew more intense, as the wrangling became more frequent, it was seen that they were but men, breaking down and giving way to those passions their calm and stately institution condemned and punished in other men.

And through it all Archie sat there silent, and, as the newspaper men scrupulously reported each day, unmoved. But Marriott could hear him breathe, and when occasionally he glanced at him, could see tiny drops of moisture glistening on his brow, could see the cords swelling in his neck, could even hear the gurgle in his throat as he tried to swallow. Archie rarely spoke; he glanced at the witnesses, now and then at the jurors, but most of all at Eades. Thus far, however, the testimony had been formal; there was yet no evidence of premeditation on Archie's part, and that was the vital thing.

XV

And yet Marriott knew better than to hope. As he walked to the court-house Monday morning, he wondered how he was to get through the week. He looked on those he met as the strangely happy and favored beings of another world, and envied them keenly, even the ragged outcasts shoveling the newly-fallen snow from the sidewalks. And there in the upper corridor was that hated crowd, that seemed to be in league with Eades, Glassford, the jury, the police, the whole machinery of the state, to kill Archie, to stamp his identity out of the world. Just then the crowd gyrated in precipitated interest, and he saw Bentley and Danner bringing Archie down the hall, all three stamping the snow from their boots. And he saw another figure, new to him, but one that instantly filled him with strange foreboding. Why, he could not tell, but this was the effect of the figure that shambled down the corridor. The man was alone, a tall gaunt form in rough gray clothes, with a long gray face, walking in loose gangling strides, flinging his huge feet one after the other, leaving moist tracks behind him. A hickory cane dangled by its crook from his left arm, he slowly smoked a cigar, taking it from his mouth occasionally with an uncouth gesture. As he swung along in his awkward, spraddling gait, his frame somehow conveyed paradoxically an impression of strength. It seemed that at any moment this man was in danger of coming apart and collapsing--until Marriott caught his restless eye.

Archie had seen him the instant he entered the corridor. Marriott detected Archie's recognition, and he looked intently for some inkling of the meaning. The man, in the same instant, saw Archie, stopped, took his cigar from his lips, spat, and said in a peculiar, soft voice:

"Why, Archie, my boy."

This incident deepened Marriott's foreboding. A few moments later, as the bailiff was opening court, the man entered with a familiar and accustomed air, and Bentley got a chair and made him comfortable so that he might enjoy the trial.

"Who's that man?" Marriott whispered to Archie.

"That? That's old Jimmy Ball, the deputy warden at the pen."

"What do you suppose--"

"He's here to knock, that's what. He's here to rap ag'in me, the old--"

Archie applied his ugly epithet with an expression of intensest hatred, and glared at Ball. Now and then Archie repeated the epithet under his breath, trying each time to strengthen it with some new oath.

But Marriott just then had no time to learn the significance of this strange presence. Eades was calling a witness.

"Detective Quinn!"

Quinn came in after the usual delay, walking with the policeman's swagger even after years on the detective force. He came in with his heavy shoulders set well back, and his head held high, but his eyes had the fixed stare of self-consciousness. Taking the oath, he ascended the witness-stand, leaned over, placed his hat against the side of the chair, and then, crossing one fat thigh over the other, held it in position with his hand. On his finger flashed a diamond, another diamond sparkled on his shirt-front.

"Pipe the rocks!" whispered Archie. "Know where he got 'em? Jane nicked a sucker and Quinn made her give 'em to him for not rapping."

Marriott impatiently waved Archie into silence; like all clients he was constantly leaning over at critical moments of the trial to say immaterial things, and, besides, his hot moist breath directly in Marriott's ear was very unpleasant.

Eades led Quinn through the preliminaries of his examination, and then in a tone that indicated an approach to significant parts of the testimony, he said:

"You may now state, Mr. Quinn, when you next saw the defendant."

Quinn threw back his head, fingered his close-cropped red mustache, and reflected as if he had not thought of the subject for a long time. He was conscious that he was thus far the most important witness of the trial. He relished the sensation, and, knowing how damaging his testimony would be, he felt a crude satisfaction. Presently he spoke, his voice vibrating like a guitar string in the tense atmosphere.

"The Friday morning before the Flanagan murder."

"Where did you meet him?"

"In Kentucky Street near Cherokee."

"Was he alone, or was some one with him?"

"Another man was with him."

"Who was that other man--if you know?"

"He was an old-timer; they call him Dad."

"What do you mean by an 'old-timer'?"

"An old-time thief--an ex-convict."

"Very well. Now tell the jury what you did--if anything."

"Well, I knowed Koerner was just back from the pen, and we got to talking."

"What did he say?"

"Oh, I don't just remember. We chewed the rag a little."

Eades scowled and hitched up his chair.

"Did he say anything about Kouka?"

"Hold on!" Marriott shouted. "We object! You know perfectly well you can't lead the witness."

"Well, don't get excited," said Eades, as if he never got excited himself; as he had not, indeed, in that instance, his lawyer's ruse having so well served its purpose. "I'll withdraw the question." He thought a moment and then asked:

"What further, if anything, was said?"

"Oh," said Quinn, who had understood. "Well, he asked me where Kouka was. You see he had it in for Kouka."

"No!" cried Marriott. "Not that."

"Just tell what he said about Kouka," Eades continued.

"I was trying to," said Quinn, as if hurt by Marriott's interruption. "Ever since Kouka sent him up for--"

"Now look here!" Marriott cried, "this has gone far enough. Mr. Eades knows--"

"Oh, proceed, gentlemen," said Glassford wearily, as if he were far above any such petty differences, and the spectators laughed, relishing these little passages between the lawyers.

"Mr. Quinn," said Eades in a low, almost confidential tone, "confine yourself to the questions, please. Answer the last question."

Quinn, flashing surly and reproachful glances at Marriott, replied:

"Well, he asked about Kouka, where he was and all that, and he said, says he, 'I'm going to get him!'"

The jury was listening intently. Even Glassford cocked his head.

"I asked him what he meant, and he said he had it in for Kouka and was going to croak him."

Archie had been leaning forward, his eyes fixed in an incredulous stare, his face had turned red, then white, and now he said, almost audibly:

"Well, listen to that, will you!"

"Sh!" said Marriott.

Archie dropped back, and Marriott heard him muttering under his breath, marveling at Quinn's effrontery.

"Tell the jury what further, if anything, was said," Eades was saying.

"Nothing much," said Quinn; "that was about all."

"What did you do after that?"

"I placed him under arrest."

"Why?"

"Well, I didn't think it was safe for him to be around--feeling that way."

"If he ain't the limit!" Marriott heard Archie exclaim, and he began his whispered curses and objurgations again. In his excitement and impotent rage, Marriott was exceedingly irritable, and again he commanded Archie to be still.

Eades paused in his examination, bit his lip, and winked rapidly as he thought. The atmosphere of the trial showed that a critical moment had come. Marriott, watching Eades out of the corner of his eye, had quietly, almost surreptitiously moved back from the table, and he sat now on the edge of the chair. The jurymen were glancing from Eades to Marriott, then at Quinn, with curious, puzzled expressions.

"Mr. Quinn," said Eades, looking up, "when did you next see Koerner--if at all?"

"On the next Tuesday after that."

"Where?"

"In the C. and M. railroad yards."

"Who was with you, if any one?"

"Detectives Kouka, and Officers Delaney and O'Brien, of the railroad, and Officers Flaherty, Nunnally, O'Toole and Finn--besides a lot of citizens. I don't--"

"That will suffice. And how came you--but first--" Eades interrupted himself. Marriott was still watching him narrowly, and Eades, it seemed, was postponing a question he feared to ask. "First, tell me--tell the jury--where Koerner was, and who, if anybody, was with him?"

"Well, sir, this here fellow they call Curly--Jackson's his name--he's a thief--a yegg man as they call 'em--he was with him; they was running and we was chasing 'em."

"And why were you chasing them?"

"We had orders."

"From whom?"

"Inspector McFee."

"What were those orders?"

"Well, sir, there had been a report of that Flanagan job--"

"Stop!" Marriott shouted. "We object."

"One moment, Mr. Quinn," said Eades, with an effect of quieting Marriott as much as of staying Quinn. Marriott had risen and was leaning over the table. Eades hesitated, realizing that the question on his lips would precipitate one of the great conflicts of the trial. He was in grave doubt of the propriety of this question; he had been considering it for weeks, not only in its legal but in its moral aspect. He had been unable to convince himself that Archie had been concerned in the murder of Margaret Flanagan; he had been uncertain of his ability to show premeditation in the killing of Kouka. He knew that he could not legally convict Archie of murdering the woman, and he knew he could not convict him of murdering the detective unless he took advantage of the feeling that had been aroused by the Flanagan tragedy. Furthermore, if he failed to convict Archie, the public would not understand, but would doubt and criticize him, and his reputation would suffer. And he hesitated, afraid of his case, afraid of himself. The moments were flying, a change even then was taking place, a subtle doubt was being instilled in the minds of the crowd, of the jurymen even. He hesitated another moment, and then to justify himself in his own mind, he said:

"Mr. Quinn, don't answer the question I am about to ask until the court tells you to do so." He paused, and then: "I'll ask you, Mr. Quinn, to tell the jury when you first heard the report of the murder of Margaret Flanagan."

"Object!"

Marriott sprang to his feet, his eyes blazing, his figure tense with protest.

"I object! We might as well fight this thing out right here."

"What is your objection?" asked Glassford.

"Just this, your Honor," Marriott replied. "The question, if allowed, would involve another homicide, for which this defendant is not on trial. It is not competent at this stage of the case to show specifically or generally other offenses with which this defendant has been charged or of which he is suspected. It would be competent, if ever, only as showing reputation, and the reputation of the defendant has not yet been put in evidence. Further, if answered in its present form, the evidence would be hearsay."

Eades had been idly turning a lead-pencil end for end on the table, and now with a smile he slowly got to his feet.

"If the Court please," he began, "Mr. Marriott evidently does not understand; we are not seeking to show the defendant's reputation, or that he is charged with or suspected of any other crime. What we are trying to show is that these officers, Detective Quinn and the deceased, were merely performing a duty when they attempted to arrest Koerner, that they were acting under orders. What we offer to show is this: Margaret Flanagan had been murdered and the officers had reasonable grounds to believe that Koerner--"

"Now see here!" cried Marriott. "That isn't fair, and you know it. You are trying to influence the jury, and I'm surprised that a lawyer of your ability and standing should resort to tactics so unprofessional--"

Eades colored and was about to reply, but Marriott would not yield.

"I say that such tactics are unworthy of counsel; they would be unworthy of the veriest pettifogger!"

Eades flushed angrily.

"Do you mean to charge--" he challenged.

"Gentlemen, gentlemen!" Glassford warned them. "Address yourselves to the Court."

Eades and Marriott exchanged angry and menacing glances. The jury looked on with a passivity that passed very well for gravity. At the risk of incurring the jurors' displeasure, Marriott asked that they be excused while the question was debated, and Glassford sent them from the room.

The legal argument began. Marriott had countless precedents to justify Glassford's ruling in his favor, just as Eades had countless precedents to justify Glassford's ruling in his favor, but to the spectators it all seemed useless, tedious and silly. A murder had been committed, they thought, and hence it was necessary that some one be killed; and there sat Archie Koerner--why wait and waste all this time? why not proceed at once to the tragic dénouement and decree his death?

Glassford, maintaining a gravity, and as if he were considering all the cases Marriott and Eades were citing, and weighing them nicely one against the other, listened to the arguments all day, gazing out of the window at the scene so familiar to him. Across the street, in an upper room of a house, was a window he had been interested in for months. A woman now and then hovered near it, and Glassford had long been tantalized by his inability to see clearly what she was doing.

The next morning Glassford announced his decision. It was to the effect that the State would be permitted to show only that a felony had been committed, and that the officers had had grounds for believing that Archie had committed it; but as to details of that murder, or whether Archie had committed it, or who had committed it--that should all be excluded. This was looked upon as a victory for the defense, and, at Marriott's request, Glassford told the jurors that they were not to consider anything that had been said about the Flanagan murder or Archie's connection with it. All this, he told them, they were to dismiss from their minds and not to be influenced by it in the least. The jurymen paid Glassford an exaggerated, almost servile attention, and when he had done, several of them nodded. And all were glad that they were to hear nothing more of the Flanagan murder, for, during the long hours of their exclusion from the court-room, they had talked of nothing but the Flanagan murder, had recalled all of its details, and argued and disputed about it, until they had tired of it, and then had gone on to recall other murders that had been committed in the county, and finally, other murders of which they had heard and read.

Quinn, in telling again the story the jurors had heard so many times in court, and had read in the newspapers, frequently referred to the Flanagan murder, until Marriott wearied of the effort to prevent him. He knew that it was useless to cross-examine Quinn, useless to attempt to impress on the crystallized minds of the jurymen the facts as they had occurred. The jurymen were not listening; they were looking at the ceiling, or leaning their heads on their hands, enduring the proceedings as patiently as they could, as patiently as Eades or Quinn or Glassford. And Marriott reflected on the inadequacy of every means of communication between human beings. How was he to make them understand? How was he to get them to assume, if for an instant only, his point of view? Here they were in a court of justice, an institution that had been evolved, by the pressure of economic and social forces, through slow, toiling ages; the witnesses were sworn to tell "the truth, the whole truth, and nothing but the truth," and yet, such was man's puerility and impotence, such was the imperfection of his means of conveying ideas, that the whole truth could not possibly be told--a thousand elements and incidents must be omitted; the moods, for instance, of Archie when he talked to Quinn or to Kouka, the expressions on their faces, the light in their eyes, indications far more potent than mere words, words that might be lightly, trivially, innocently spoken one day and under one set of circumstances, but which, on some other day and under other circumstances, would take on a terrible, blasting, tragic significance. Above all, that intangible thing, the atmosphere of the occasion--this could by no possibility be reproduced even though Quinn made every effort to be honest. And how much greater the impossibility when Quinn was willing to be disingenuous, to allow the prejudices and the passions of his hearers to reflect on his words their own sentiments, so that the hatred in the hearts of this this jury, these prosecutors, might seem to be a hatred, instead, in Archie's breast! Realizing the impossibility, Marriott felt again the strong, occult influences that opposed him, and had scarcely the strength to cross-examine Quinn. And yet he must make the effort, and for two long hours he battled with Quinn, set his wits and his will against him, but it was all hopeless. For he was not opposing Quinn's mind alone, he was opposing the collective mind of this crowd behind him, and that larger crowd in the city outside.

"Anything further, Mr. Marriott?" asked Glassford.

Marriott had a momentary rage at this impersonation of the vengeful state sitting before him, and exclaimed with disgust:

"Oh, I guess not."

XVI

The instant Marriott entered the court-house the next morning he was sensible of a change; it was as palpable as the heavy, overheated atmosphere indoors after the cool air outdoors. He could not account for this change; he knew only that it had come in the night, and that it boded some calamity in the world. Already it seemed to have had its effect on the men he met, clerks, attachés, and loafers; they glanced at him stealthily, then averted their eyes quickly. Somehow they filled Marriott with loathing and disgust.

As he went up in the swiftly-ascending elevator, the old man who operated it gave him that same look, and then observed:

"Something's in the air to-day."

Yes, thought Marriott, something is in the air. But what?

"I reckon it's going to storm," the white-headed veteran of the great war went on. "My rheumatiz hurts like hell this morning."

What mysterious relation was it, wondered Marriott, that bound this old man through his joints--gnarled by the exposure of his service to his country so long before--to all nature, foretelling her convulsions and cataclysms? What mysterious relation was it that bound men's minds to the moral world, foretelling as well its catastrophes and tragedies?

"I reckon it's the January thaw," the old fellow jabbered on, his mind never rising above the mere physical manifestations of nature.

The crowd was denser than ever, and there in the front row, where she had been every day of the trial, was old Mrs. Koerner, with eyes that every day grew deeper and wider, as more and more tragedy was reflected in their profound and mysterious depths.

"Call Henry Griscom," said Eades.

The crowd, the jury, the lawyers, waited. Marriott wondered; he felt Archie's breath in his ear and heard his teeth chatter as he whispered:

"I knew old Jimmy Ball had something framed up. Great God!"

The crowd made way, and the tall, lank form of the deputy warden shambled into the court-room. A man was chained to him.

"Great God!" Archie was chattering; "he's going to split on me!"

The man whom Ball had just unshackled took the oath, and looked indecisively into Ball's eyes. Ball motioned with his cane, and with a slow mechanical step, the man walked to the witness-stand and perched himself uneasily on the edge of the chair.

Archie fixed his eyes on the man in a steady, intense blaze; Marriott heard him cursing horribly.

"The snitch!" he said finally, and then was silent, as if he had put his whole contempt into that one word.

The emaciated form of the man in the witness chair was clothed in the gray jacket and trousers of a convict of the first grade. The collar of his jacket stood out from a scrawny neck that had a nude, leathery, rugose appearance, like the neck of a buzzard. If he wore a shirt, it was not visible, either at his neck or at his spindling wrists. As he hung his head and tried to shrink from the concentrated gaze of the crowd into his miserable garments, he suggested a skeleton, dressed up in ribald sport. It was not until Eades had spoken twice that the man raised his head, and then he raised it slowly, carefully, as if dreading to look men in the eyes. His shaven face was long and yellow; the skin at the points of his jaw, at his retreating chin and at his high cheek-bones was tightly stretched, and shone; he rolled his yellow eye-balls, and winked rapidly in the light of freedom to which he was so unaccustomed.

"Who is he?" Marriott whispered quickly.

"An old con.--a lifer," Archie explained. "One o' them false alarms. He's no good. They've promised to put him on the street for this."

But Eades had begun his examination.

"And where do you reside, Mr. Griscom?" Eades was asking in a respectful tone, just as if the man might be a resident of Claybourne Avenue.

"In the penitentiary."

"How long have you been there?"

"Seventeen years."

"And your sentence is for how long?" Eades continued.

The man's eyes drooped.

"Life." The word fell in a hollow silence.

"And do you know this man here--Archie Koerner?"

The convict, as if by an effort, raised his eyes to Archie, dropped them hastily and nodded.

"What do you say?" said Eades. "You must speak up."

"Yes, I know him."

"Where did you know him?"

"In the pen."

It was all clear now, the presence of Ball, the newspapers' promise of a sensation, the doom that had hung in the atmosphere that morning. Marriott watched the convict first with loathing, then with pity, as he realized the fact that when this man had spoken the one word "life"--he had meant "death"--a long, lingering death, drawn out through meaningless days and months and years, blank and barren, a waste in which this one incident, this railroad journey in chains, this temporary reassertion of personality, this brief distinction in the crowded court-room, this hour of change, of contact with free men, were circumstances to occupy his vacant mind during the remaining years of his misery, until his death should end and life once more come to him.

"And now, Mr. Griscom," Eades was saying with a respect that was a mockery, "tell the jury just what Koerner said to you about Detective Kouka."

The convict hesitated, his chin sank into the upright collar of his jacket, his eyes roved over the floor, he crossed, uncrossed and recrossed his legs, picked at his cap nervously.

"Just tell the jury," urged Eades.

The convict stiffly raised his bony hand to his blue lips to stifle the cough in which lay his only hope of release.

"I don't just--" He stopped.

The crowd strained forward. The jury glanced uneasily from Griscom to Eades, and back to Griscom again. And then there was a stir. Ball was sidling over from the clerk's desk to a chair Bentley wheeled forward for him, and as he sank into it, he fixed his eyes on Griscom. The convict shifted uneasily, took down his hand, coughed loosely and swallowed painfully, his protuberant larynx rising and falling.

"Just give Koerner's exact words," urged Eades.

"Well, he said he had it in for Kouka, and was going to croak him when he got home."

"What did he mean by 'croak,' if you know?"

"Kill him. He said he was a dead shot--he'd learned it in the army."

"How many times did you talk with him?"

"Oh, lots of times--every time we got a chance. Sometimes in the bolt shop, sometimes in the hall when we had permits."

"What else, if anything, did he say about Kouka?"

"Oh, he said Kouka'd been laggin' him, and he was goin' to get him. He talked about it pretty much all the time."

"Is that all?"

"That's about all, yes, sir."

"Take the witness."

Griscom, evidently relieved, had started to leave the chair, and as he moved he drew his palm across a gray brow that suddenly broke out in repulsive little drops of perspiration.

"One moment, Griscom," said Marriott, "I'd like to ask you a few questions."

The court was very still, and every one hung with an interest equal to Marriott's on the convict's next words. Griscom found all this interest too strong; his pallid lips were parted; he drew his breath with difficulty, his chest was moving with automatic jerks; presently he coughed.

Marriott began to question the convict about his conversations with Archie. He did this in the belief that while Archie had no doubt breathed his vengeance against Kouka, his words, under the circumstances, were not to be given that dreadful significance which now they were made to assume. He could imagine that they had been uttered idly, and that they bore no real relation to his shooting of Kouka. But the difficulty was to make this clear to the crystallized, stupid and formal minds of the jury, or rather to Broadwell, who was the jury. He tried to induce Griscom to describe the circumstances under which Archie had made these threats, but Griscom was almost as stupid as the jurors, and the law was more stupid than either, for Griscom in his effort to meet the questions was continually making answers that involved his own conclusions, and to them Eades always objected, and Glassford always sustained the objections. And Marriott experienced the same sensations that he had when Quinn was testifying. There was no way to reproduce Archie's manner--his tone, his expression, the look in his eyes.

To hide his chagrin, Marriott wiped his mouth with his handkerchief, leaned over and consulted his notes.

"A life is a long time, isn't it, Griscom?" he resumed, gently now.

"Yes." Griscom's chin fell to his breast.

"And the penitentiary is not a good place to be?"

Griscom looked up with the first flash of real spirit he had displayed.

"I wouldn't send a dog there, Mr. Marriott!"

"No," said Marriott, "and you'd like to get out?"

"Sure."

"You've applied for a pardon?"

"Yes."

Marriott's heart was beating fast. At last he had a hope. He could hear the ticking of the big clock on the wall, he could catch the faint echoes of his voice against the high ceiling of the room whose acoustic properties were so poor, he could hear the very breathing of the crowd behind him.

"Mr. Griscom," said Marriott, wondering if that were the right question, longing for some inspiration that would be the one infallible test for this situation, "did you report to the authorities these remarks of Koerner's at the time he made them?"

Griscom hesitated.

"No, sir," he answered.

"Why not?"

"I didn't think it necessary."

"Why didn't you think it necessary?"

"Well--I didn't."

"Was it because you didn't think Archie was in earnest--because his words were not serious?"

"I didn't think it necessary."

Marriott wondered whether to press him further--he was on dangerous ground.

"To whom did you first mention them?"

"To the deputy warden."

"This man here?" Marriott waved his hand at Ball with a contempt he was not at all careful to conceal.

"Yes, sir."

"When was that?"

"Oh, about a month ago."

"After Kouka's death?"

"Yes."

"Griscom," said Marriott, risking his whole case on the words, and the silence in the room deepened until it throbbed like a profound pain, "when Ball came to tell you to testify as you have against Archie, he promised to get you a pardon, did he not?"

Eades was on his feet.

"There is no evidence here that Ball went to the witness," he cried. He was angry; his face was very red.

Marriott smiled.

"Let the witness answer," he said.

"The question is improper," said Glassford.

"Is it not a fact, Griscom, that Ball made you some promise to induce you to testify as you have?"

Griscom hesitated, his eyes were already wavering, and Marriott felt an irresistible impulse to follow them. Slowly the convict's glance turned toward Ball, sitting low in his chair, one leg hung over the other, a big foot dangling above the floor. His arm was thrust straight out before him, his hand grasped his cane, his attitude was apparently careless and indifferent, but the knuckles of the hand that held the cane were white, and his eyes, peering from their narrow slits, were fastened in a steady, compelling stare on Griscom. The convict looked an instant and then he said, still looking at Ball:

"No, it isn't."

The convict had a sudden fit of coughing. He fumbled frantically in the breast of his jacket, then clapped his hand to his mouth; his face was blue, his eyes were staring; presently between his fingers there trickled a thin bright stream of blood. Ball got up and tenderly helped the convict from the chair and the court-room. And Marriott knew that he had lost.

Yes, Marriott knew that he had lost and he felt himself sinking into the lethargy of despair. The atmosphere of the trial had become more inimical; he found it hard to contain himself, hard to maintain that air of unconcern a lawyer must constantly affect. He found it hard to look at Eades, who seemed suddenly to have a new buoyancy of voice and manner. In truth, Eades had been uncertain about Griscom, but now that the convict had given his testimony and all had gone well for Eades and his side, Eades was immensely relieved. He felt that the turning point in the great game had been passed. But it would not do to display any elation; he must take it all quite impersonally, and in every way conduct himself as a fearless, disinterested official, and not as a human being at all. Eades felt, of course, that this result was due to his own sagacity, his own skill as a lawyer, his generalship in marshaling his evidence; he felt the crowd behind him to be mere spectators, whose part it was to look on and applaud; he did not know that this result was attributable to those mysterious, transcendental impulses of the human passions, moving in an irresistible current, sweeping him along and the jury and the judge, and bearing Archie to his doom. But Eades was so encouraged that he decided to call another witness he had been uncertainly holding in reserve. He had had his doubts about this witness as he had had them about Griscom, but now these doubts were swept away by that same occult force.

"Swear Uri Marsh."

There was the usual wait, the stillness, the suspended curiosity, and then Bentley came in, leading an old man. This old man was cleanly shaven, his hair was white, and he wore a new suit of ready-made clothes. The cheap and paltry garments seemed to shrink away from the wasted form they fitted so imperfectly, grudgingly lending themselves, as for this occasion only, to the purpose of restoring and disguising their disreputable wearer. Beneath them it was quite easy to detect the figure of dishonorable poverty that in another hour or another day would step out of them and resume its appropriate rags and tatters, to flutter on and lose itself in the squalid streets of the city where it would wander alone, abandoned by all, even by the police.

As Archie recognized this man, his face went white even to the lips. Marriott looked at him, but the only other sign of feeling Archie gave was in the swelling and tightening of the cords of his neck. He swallowed as if in pain, and seemed about to choke. Marriott spoke, but he did not hear. Strangely enough, it did not seem to Marriott to matter.

This witness, like Griscom, had been a convict, like Griscom he had known Archie in prison; he and Archie had been released the same day, and he had come back to town with Archie.

"What did he say?" the old man was repeating Eades's question; he always repeated each question before he answered it--"what did he say? Well, sir, he said, so he did, he said he was going to kill a detective here. That's what he said, sir. I wouldn't lie to you, no, sir, not me--I wouldn't lie--no, sir."

"That will do," said Eades. "Now tell us, Mr. Marsh, what, if anything, Koerner said to Detective Quinn in your presence?"

"What'd he say to Detective Quinn? What'd he say to Detective Quinn? Well, sir," the old man paused and spat out his saliva, "he said the same thing."

"Just give his words."

"His words? Well, sir, he said he was going to kill that fellow--that detective--what's his name? You know his name."

The garrulous old fellow ran on. There was something ludicrous in it all; the crowd became suddenly merry; it seemed to feel such a gloating sense of triumph that it could afford amusement. The old man in the witness-chair enjoyed it immensely, he laughed too, and spat and laughed again.

It was with difficulty that Marriott and Eades and Glassford got him to recognize Marriott's right to cross-examine him, and when at last the idea pierced its way to his benumbed and aged mind, he hesitated, as the old do before a new impression, and then sank back in his chair. His face all at once became impassive, almost imbecile. And he utterly refused to answer any of Marriott's questions. Marriott put them to him again and again, in the same form and in different forms, but the old man sat there and stared at him blankly. Glassford took the witness in hand, finally threatened him with imprisonment for contempt.

"Now you answer or go to jail," said Glassford, with the most impressive sternness he could command.

Then Marriott said again:

"I asked you where you had been staying since you came to town and who provided for you?"

The old man looked at him an instant, a peculiar cunning stole gradually into his swimming eyes, and then slowly he lifted his right hand to his face. His middle finger was missing, and thrusting the stump beneath his nose, he placed his index finger to his right eye, his third finger to his left, drew down the lower lids until their red linings were revealed, and then he wiggled his thumb and little finger.

The court-room burst into a roar, the laughter pealed and echoed in the high-ceiled room, even the jurymen, save Broadwell, permitted themselves wary smiles. The bailiff sprang up and pounded with his gavel, and Glassford, his face red with fury, shouted:

"Mr. Sheriff, take the witness to jail! And if this demonstration does not instantly cease, clear the courtroom!"

The contretemps completed Marriott's sense of utter humiliation and defeat. As if it were not enough to be beaten, he now suffered the chagrin of having been made ridiculous. He was oblivious to everything but his own misery and discomfiture; he forgot even Archie. Bentley and a deputy were hustling the offending old man from the court-room, and he shambled between them loosely, grotesquely, presenting the miserable, demoralizing and pathetic spectacle that age always presents when it has dishonored itself.

As they were dragging the old man past Archie, his feet scuffling and dragging like those of a paralytic, Archie spoke:

"Why, Dad!" he said.

In his tone were all disappointment and reproach.

The incident was over, but try as they would, Glassford, Eades, Lamborn, Marriott, all the attachés and officials of the court could not restore to the tribunal its lost dignity. This awesome and imposing structure mankind has been ages in rearing, this institution men had thought to make something more than themselves, at the grotesque gesture of one of its poorest, meanest, oldest and most miserable victims, had suddenly collapsed, disintegrated into its mere human entities. Unconsciously this aged imbecile had taken a supreme and mighty revenge on the institution that had bereft him of his reason and his life; it could not resist the shock; it must pause to reconstruct itself, to resume its lost prestige, and men were glad when Glassford, with what solemnity he could command, told the bailiff to adjourn court.

XVII

At six o'clock on the evening of the day the State rested, Marriott found himself once more at the jail. He passed the series of grated cells from which their inmates peered with the wistful look common to prisoners, and paused before Archie's door. He could see only the boy's muscular back bowed over the tiny table, slowly dipping chunks of bread into his pan of molasses, eating his supper silently and humbly. The figure was intensely pathetic to Marriott. He gazed a moment in the regret with which one gazes on the dead, struck down in an instant by some useless accident. "And yet," he thought, "it is not done, there is still hope. He must be saved!"

"Hello, Archie!" he said, forcing a cheerful tone.

Archie started, pushed back his chair, drew his hand across his mouth to wipe away the crumbs, and thrust it through the bars.

"Don't let me keep you from your supper," said Marriott.

Archie smiled a wan smile.

"That's all right," he said. "It isn't much of a supper, and I ain't exactly hungry."

Archie grasped the bars above his head and leaned his breast against the door.

"Well, what do you think of it, Mr. Marriott?"

"I don't know, Archie."

"Looks as if I was the fall guy all right."

Marriott bit his lip.

"We have to put in our evidence in the morning, you know."

"Yes."

"And we must decide whether you're going on the stand or not."

"I'll leave it to you, Mr. Marriott."

Marriott thought a moment.

"What do you think about it?" he asked presently.

"I don't know. You see, I've got a record."

"Yes, but they already know you've been in prison."

"Sure, but my taking the stand would make the rap harder. That fellow Eades would tear me to pieces."

Marriott was silent.

"And then that old hixer on the jury, that wise guy up there in the corner." Archie shook his head in despair. "Every time he pikes me off, I know he's ready to hand it all to me."

"You mean Broadwell?"

"Yes. He's one of those church-members. That's a bad sign, a bad sign." Archie shook his head sadly. "No, it's a kangaroo all right, they're going to job me." Archie hung his head. "Of course, Mr. Marriott, I know you've done your best. You're the only friend I got, and I wish--I wish there was some way for me to pay you. I can't promise you, like some of these guys, that I'll work and pay you when I get--" He looked up with a sadly humorous and appreciative smile. "Of course, I--"

"Don't, Archie!" said Marriott. "Don't talk that way. That part of it's all right. Cheer up, my boy, cheer up!" Marriott was trying so hard to cheer up himself. "We haven't played our hand yet; we'll give 'em a fight. There are higher courts, and there's always the governor."

Archie shook his head.

"Maybe you won't believe me, Mr. Marriott, but I'd rather go to the chair than take life down there. You don't know what that place is, Mr. Marriott."

"No," said Marriott, "but I can imagine."

Then he changed his tone.

"We've plenty of time to talk about all that," he went on. "Now we must talk about to-morrow. Look here, Archie. Why can't you go on the stand and tell your whole story--just as you've told it to me a hundred times? It convinced me the first time I heard it; maybe it would convince the jury. They'd see that you had cause to kill Kouka!"

"Cause!" exclaimed the boy. "Great God! After the way he hounded me--I should say so! Why, Mr. Marriott, he made me do it, he made me what I am. Don't you see that?"

"Of course I do. And why can't you tell them so?" Marriott was enthusiastic with his new hope.

"Oh, well," said Archie with no enthusiasm at all, "with you it's different. You look at things different; you can see things; you know there's some good in me, don't you?"

It was an appeal that touched Marriott, and yet he felt powerless to make the boy see how deeply it touched him.

"And then," Archie went on--he talked with an intense earnestness and he leaned so close that Marriott could smell the odor of coffee on his breath--"when I talk to you, I know somehow that--well--you believe me, and we're sitting down, just talking together with no one else around. But there in that court-room, with all those people ready to tear my heart out and eat it, and the beak--Glassford, I mean--and the blokes in the box, and Eades ready to twist everything I say; well, what show have I got? You can see for yourself, Mr. Marriott."

Archie spread his hands wide to show the hopelessness of it all.

"Well, I think you'd better try, anyhow. Will you think it over?"

XVIII

Marriott heard the commotion as he entered the elevator the next morning, and as the cage ascended, the noise increased. He heard the click of heels, the scuff of damp soles on the marble, and then the growl of many men, angry, beside themselves, possessed by their lower natures. The chorus of rough voices had lost its human note and sunk to the ugly register of the brutish. Drawing nearer, he distinguished curses and desperate cries. And there in the half-light at the end of the long corridor, the crowd swayed this way and that, struggling, scrambling, fighting. Hats were knocked off and spun in the air; now and then an arm was lifted out of the mass; now and then a white fist was shaken above the huddle of heads. Two deputy sheriffs, Hersch and Cumrow, were flattened against the doors of the criminal court, their faces trickling with sweat, their waistcoats torn open; and they strained mightily. The crowd surged against them, threatening to press the breath out of their bodies. They paused, panting from their efforts, then tried again to force back the crowd, shouting:

"Get back there, damn you! Get back!"

Marriott slipped through a side door into the judge's chamber. The room was filled. Glassford, Eades, Lamborn, all the attachés of the court were there. Bentley, the sheriff, had flung up a window, and stood there fanning himself with his broad-brimmed hat, disregarding exposure, his breath floating in vapor out of the window. On the low leather lounge where Glassford took his naps sat Archie close beside Danner. When he saw Marriott a wan smile came to his white face.

"They tried to get at me!" The phrase seemed sufficient to him to explain it all, and at the same time to express his own surprise and consternation in it all.

"They tried to get at me!" Archie repeated in another tone, expressing another meaning, another sensation, a wholly different thought. The boy's lips were drawn tightly across his teeth; he shook with fear.

"They tried to get at me!" he repeated, in yet another tone.

Old Doctor Bitner, the jail physician, had come with a tumbler half-full of whisky and water.

"Here, Archie," he said, "try a sip of this. You'll be all right in a minute."

"He's collapsed," the physician whispered to Marriott, as Archie snatched the glass and gulped down the whisky, making a wry face, and shuddering as if the stuff sickened him.

"I'm all in, Mr. Marriott," said Archie. "I've gone to pieces. I'm down and out. It's no use." He hung his head, as if ashamed of his weakness.

"Well, you know, my boy, that we must begin. It's up to us now. Can you take the stand?"

"No! No!" Archie shook his head with emphasis. "I can't! I can't! That fellow Eades would tear me to pieces!"

Marriott argued, expostulated, pleaded, but in vain. The boy only shook his head and said over and over, each time with a new access of terror:

"No, Eades would tear me to pieces."

"Come on, Gordon," called Glassford, who had finished his cigar, "we can't wait any longer."

The following morning, the defense having put in its evidence and rested, Lamborn began the opening argument for the State. It had long been Lamborn's ambition to make a speech that would last a whole day. He had made copious notes, and when he succeeded in speaking a full half-hour without referring to them, he was greatly encouraged. When he was compelled finally to succumb, and consult his notes, he began to review the evidence, that is, he repeated what the witnesses had already told. After that he began to fail noticeably in ideas and frequently glanced at the clock, but he thought of the statutes, and he read to the jury the laws defining murder in the first degree, murder in the second degree, and manslaughter, and then declaring that the crime Archie had committed was clearly murder in the first degree, he closed by urging the jury to find him guilty of this crime.

In the afternoon Pennell opened the arguments for the defense. Having won the oratorical contest at college, and having once been spoken of in print as the silver-tongued, Pennell pitched his voice in the highest key, and soon filled the court-room with a prodigious noise; he had not spoken fifteen minutes before he had lashed himself into a fury, and with each new, fresh burst of enthusiasm, he raised his hoarse voice higher and higher, until the throats of his hearers ached in sympathy. But at the end of two hours he ceased to wave his arms, no longer struck the bar of the jury-box with his fist, the strain died away, and he sank into his chair, his hair disheveled, his brow and neck and wrists glistening with perspiration, utterly exhausted, but still wearing the oratorical scowl.

All this time Eades and Marriott were lying back in their chairs, in the attitudes of counsel who are reserving themselves for the great and telling efforts of the trial, that is, the closing arguments. When Marriott arose the next morning to begin his address, the silence was profound. He looked about him, at Glassford, at Eades, at the crowd, straining with curious, gleaming eyes. In the overflowing line of men within the bar on either side of the jury-box he recognized several lawyers; their faces were white against the wall; they seemed strange, unnatural, out of place. The jury were uneasy and glanced away, and though Broadwell lifted his small eyes to him, it was without response or sympathy. Marriott was chilled by the patent opposition. Then, somehow, he detected old man Reder stealing a glance at Archie; he kept his eye on Reder. What was Reder thinking of? "Thinking, I suppose," thought Marriott, "that this settles it, and that there is nothing to do now but to send Archie to the chair."

Reder, however, in that moment was really thinking of his boyhood in Germany, where his father had been a judge like Glassford; one day he had found among the papers on his father's desk the statement of a case. An old peasant had accidentally set fire to a forest on an estate and burned up wood to the value of forty marks, for this he was being tried. He felt sorry for the peasant and had begged his father to let him go. When he came home at night he asked his father--

Marriott made an effort, mastered himself; he thought of Archie, leaning forward eagerly, his eyes fixed on him with their last hope. He had a vision of Archie as he had seen him in the jail--he saw again the supple play of his muscles under the white skin of his breast, full of health, of strength, of life--kill him? It was monstrous! A passion swelled within him; he would speak for him, he would speak for old man Koerner, for Gusta, for all the voiceless, submerged poor in the world.... He began.... Some one was sobbing.... He glanced about. It was old Mrs. Koerner, in tears, the first she had shed during the trial.... Archie was looking at her.... He was making an effort, but tears were glistening in the corners of his eyes....

It was over at last. He had done all he could. Men were crowding about him, congratulating him--Pennell, Bentley, his friends among the lawyers, Glassford, and, yes, even Eades.

"I never heard you do better, Gordon," said Eades.

Marriott thanked him. But then Eades could always be depended on to do the correct thing.

All that afternoon Archie sat there and listened to Eades denouncing him. When Marriott had finished his speech, Archie had felt a happiness and a hope--but now there was no hope. Eades was, indeed, tearing him to pieces. How long must he sit there and be game, and endure this thing? Would it never end? Could Eades speak on for ever and for ever and never cease his abuse and denunciation? Would it end with evening--if evening ever came? No; evening came, but Eades had not finished. Morning came, and Eades spoke on and on. He was speaking some strange words; they sounded like the words the mission stiffs used; they must be out of the Bible. He noticed that Broadwell was very attentive.

"He'll soon be done now, Archie," whispered Marriott, giving him a little pat on the knee; "when they quote Scripture, that's a sign--"

Yes, he had finished; this was all; soon it would be over and he would know.

The jurymen were moving in their seats; but there was yet more to be done. The judge must deliver his charge, and the jurors settled down again to listen to Glassford with even greater respect than they had shown Eades.

During the closing sentences of Eades's speech Glassford had drawn some papers from a drawer and arranged them on his desk. These papers contained portions of charges he had made in other criminal cases. Glassford motioned to the bailiff, who bore him a glass of iced water, from which Glassford took a sip and set it before him, as if he would need it and find it useful in making his charge. Then he took off his gold eye-glasses, raised his eyebrows two or three times, drew out a large handkerchief and began polishing his glasses as if that were the most important business of his life. He breathed on the lenses, then polished them, then breathed again, and polished again.

Glassford had selected those portions of the charges he kept in stock, which assured the jury of the greatness of the English law, told how they must consider a man innocent until he had been proved guilty beyond a reasonable doubt, that they must not draw any conclusions unfavorable to the prisoner at the bar from the fact that he had not taken the witness-stand, and so on. These instructions were written in long, involved sentences, composed as nearly as possible of words of Latin derivation. Glassford read them slowly, but so as to give the impression that it was an extemporaneous production.

The jurymen, though many of them did not know the meaning of the words Glassford used, thought they all sounded ominous and portentous, and seemed to suggest Archie's guilt very strongly. For half an hour Glassford read from his instructions, from the indictment and from the statutes, then suddenly recalling the fact that the public was greatly interested in this case, he began to talk of the heinousness of this form of crime and the sacredness of human life. In imagination he could already see the editorials that would be printed in the newspapers, praising him for his stand, and this, he reflected, would be beneficial to him in his campaign for renomination and reelection. Finally he told the jurymen that they must not be affected by motives of sympathy or compassion or pity for the prisoner at the bar or his family, for they had nothing to do with the punishment that would be inflicted upon him. Then he read the various verdicts to them, casually mentioning the verdict of "not guilty" in the tone of an after-thought and as a contingency not likely to occur, and then told them, at last, that they could retire.

At five o'clock the jury stumbled out of the box and entered the little room to the left.

XIX

It was four o'clock in the morning, and the twelve men who were to decide Archie's fate were still huddled in the jury room. For eleven hours they had been there, balloting, arguing, disputing, quarreling, and then balloting again. Time after time young Menard had passed around his hat for the little scraps of paper, and always the result was the same, eleven for conviction, one for acquittal. For a while after the jury assembled there had been three votes for conviction of murder in the second degree, but long ago, as it seemed at that hour, these three votes had been won over for conviction of murder in the first degree, which meant death. At two o'clock Broadwell had declared that there was no use in wasting more time in voting, and for two hours no ballot had been taken. The electric lamps had glowed all night, filling the room with a fierce light, which, at this hour of the winter morning, had taken on an unnatural glare. The air was vitiated, and would have sickened one coming from outside, but these men, whose lungs had been gradually accustomed to it, were not aware how foul it was. Once or twice in the night some one had thrown up a window, but the older men had complained of the cold, and the window had to be closed down again. In that air hung the dead odor of tobacco smoke, for in the earlier hours of the night most of the men--all, indeed, save Broadwell--had smoked, some of them cigars, some pipes. But now they were so steeped in bodily weariness and in physical discomfort and misery that none of them smoked any longer. On the big oaken table in the middle of the room Menard's hat lay tilted on its side, and all about lay the ballots. Ballots, too, strewed the floor and filled the cuspidors, little scraps of paper on which was scribbled for the most part the one word, "Guilty," the same word on all of them, though not always spelled the same. One man wrote it "Gildy," another "Gilty," still another "Gility." But among all those scattered scraps there was a series of ballots, the sight of which angered eleven of the men, and drove them to profanity; on this series of ballots was written "Not guilty." The words were written in an invariable, beautiful script, plainly the chirography of some German.

It was evident that in this barren room, with its table and twelve chairs, its high blank walls and lofty ceiling, a mighty conflict had been waged. But now at the mystic hour when the tide of human forces is at its farthest ebb, the men had become exhausted, and they sat about in dejected attitudes of lassitude and weariness, their brains and souls benumbed. Young Menard had drawn his chair up to the table and thrown his head forward on his arms. He was wholly spent, his brow was bathed with clammy perspiration, and a nausea had seized him. His mind was too tired to work longer, and he was only irritably conscious of some unpleasant interruption when any one spoke. The old men had suffered greatly from the confinement; the long night in that miserable little room, without comforts, had accentuated their various diseases, all the latent pains and aches of age had been awakened, and now, at this low hour, they had lost the sense of time and place, the trial seemed far away in the past, there was no future, and they could but sit there and suffer dumbly. In one corner Osgood had tilted back a chair and fallen asleep. He sprawled there, his head fallen to one side, his wide-open mouth revealing his throat; his face was bathed in sweat, and he snored horribly.

In another corner sat Broadwell, his hands folded across his paunch. The flesh on his fat face had darkened, beneath his eyes were deep blue circles and he looked very old. He had been elected foreman, of course, and early in the evening had made long and solemn addresses to the jury, the same kind of addresses he delivered to his Bible-class--instructive, patronizing, every one of his arguments based on some hackneyed and obvious moral premise. Particularly was this the case, when, as had befallen early in the evening, they had discussed the death penalty. This subject roused him to a high degree of anger, and he raged about it, defended the practice of capital punishment, then, growing calm, spoke of it reverently and as if, indeed, it were a sacrament like baptism, or the Lord's Supper, quoting from the ninth chapter of Genesis. Old Reder had opposed him, and Broadwell had demanded of him to know what he would wish to have done to a man who killed his wife, for instance. Reder, quite insensible to the tribute implied in the suggestion that his action would furnish the standard for all action in such an emergency, had for a while maintained that he would not wish to have the man put to death, but Broadwell had insisted that he would, had quoted the ninth chapter of Genesis again, shaken his head, puffed, and angrily turned away from Reder. One by one he had beaten down the wills of the other jurors. He was tenacious and stubborn, and he had conquered them all--all but old Reder, who paced the floor, his hands in the side pockets of his short jacket. His shaggy white brows were knit in a permanent scowl, and now and then he gathered portions of his gray beard into his mouth and chewed savagely. He was the one, of course, who had been voting for acquittal; his was the hand that had written in that Continental script those dissenting words, "Not guilty."

When this became known, the others had gathered round him, trying to beat him down, and finally, giving way to anger, had shaken their fists in his face, reviled him, and called him ugly names. But all the while he had shaken his head and shouted:

"No! no! no! no!"

For a while he had argued against Archie's guilt, then against the methods of the police, at last, had begged for mercy on the boy. But this last appeal only made them angry.

"Mercy!" they said. "Did he show that old woman any mercy?"

"He isn't being triedt for der old woman," said Reder. "Dot's what the chudge saidt."

"Well, then. Did he show Kouka any mercy?"

"Bah!" shouted Reder. "Did Kouka show him any?"

"But Kouka"--they insisted.

"Ach! To hell mit all o' you!" cried Reder, and began to stalk the floor.

"The Dutch dog!" said one.

"The stubborn brute!" grumbled another. "Keeping us all up here, and making us lose our sleep!"

"I tell you," said another, "the jury system ought to be changed, so's a majority would rule!"

"It's no use, it's no use," Reder said in a high petulant voice; "you only make me vorse; you only make me vorse!" He held his hands up and shook them loosely, his fingers vibrating with great rapidity.

Then it was still for a long while--but in the dark and empty court-room, where the bailiff slept on one of the seats, sharp, unnatural, cracking noises were heard now and then; and from it emanated the strange weird influence of the night and darkness. Through the window they looked on the court-house yard lying cold and white under the blaze of the electric lamps. The wind swept down the bleak deserted street. Once they heard a policeman's whistle. Osgood was snoring loudly.

"Great God!" shouted Duncan irritably. "Can't some of you make him stop that?"

Church got up and gave Osgood's chair a rude kick.

"Huh?" Osgood started up, staring about wildly. Then he came to his senses, looked around, understood, fell back and went to sleep again.

And Reder tramped up and down, and Broadwell sat and glared at him, and the others waited. Reder was thinking of that time of his boyhood in Germany when the old peasant had been tried for setting the wood afire. The whole scene had come back to him, and he found a fascination in recalling one by one every detail, until each stood out vividly and distinctly in his mind. He paced on, until, after a while, Broadwell spoke again.

"Mr. Reder," he said, "I don't see how you can assume the position you do."

"It's no use, I tol' you; no use!"

"But look here," Broadwell insisted, getting up and trying to stop Reder. He took him by the lapel of his coat, forced him to stand an instant, and when Reder yielded, and stood still, the other jurors looked up with some hope.