The remainder of the trial consisted of the testimony of eleven witnesses--four for Mason and seven for Clyde.
One of the latter--a Dr. A. K. Sword, of Rehobeth--chancing to be at Big Bittern on the day that Roberta's bodywas returned to the boat-house, now declared that he had seen and examined it there and that the wounds, as theyappeared then, did not seem to him as other than such as might have been delivered by such a blow as Clydeadmitted to having struck accidentally, and that unquestionably Miss Alden had been drowned while conscious-andnot unconscious, as the state would have the jury believe--a result which led Mason into an inquiryconcerning the gentleman's medical history, which, alas, was not as impressive as it might have been. He hadbeen graduated from a second-rate medical school in Oklahoma and had practised in a small town ever since. Inaddition to him--and entirely apart from the crime with which Clyde was charged--there was Samuel Yearsley,one of the farmers from around Gun Lodge, who, driving over the road which Roberta's body had traveled inbeing removed from Big Bittern to Gun Lodge, now earnestly swore that the road, as he had noticed in drivingover it that same morning, was quite rough--making it possible for Belknap, who was examining him, to indicatethat this was at least anapproximate cause of the extra-severity of the wounds upon Roberta's head and face.
This bit of testimony was later contradicted, however, by a rival witness for Mason--the driver for Lutz Brothers,no less, who as earnestly swore that he found no ruts or rough places whatsoever in the road. And again therewere Liggett and Whiggam to say that in so far as they had been able to note or determine, Clyde's conduct inconnection with his technical efforts for Griffiths & Company had been attentive, faithful and valuable. They hadseen no official harm in him. And then several other minor witnesses to say that in so far as they had been able toobserve his social comings and goings, Clyde's conduct was most circumspect, ceremonious and guarded. Hehad done no ill that they knew of. But, alas, as Mason in cross-examining them was quick to point out, they hadnever heard of Roberta Alden or her trouble or even of Clyde's social relationship with her.
Finally many small and dangerous and difficult points having been bridged or buttressed or fended against aswell as each side could, it became Belknap's duty to say his last word for Clyde. And to this he gave an entireday, most carefully, and in the spirit of his opening address, retracing and emphasizing every point which tendedto show how almost unconsciously, if not quite innocently, Clyde had fallen into the relationship with Robertawhich had ended so disastrously for both. Mental and moral cowardice, as he now reiterated, inflamed or at leastoperated on by various lacks in Clyde's early life, plus new opportunities such as previously had never appearedto be within his grasp, had affected his "perhaps too pliable and sensual and impractical and dreamy mind." Nodoubt he had not been fair to Miss Alden. No question as to that. He had not. But on the other hand--and as hadbeen most clearly shown by the confession which the defense had elicited--he had not proved ultimately so cruelor vile as the prosecution would have the public and this honorable jury believe. Many men were far more cruelin their love life than this young boy had ever dreamed of being, and of course they were not necessarily hungfor that. And in passing technically on whether this boy had actually committed the crime charged, it wasincumbent upon this jury to see that no generous impulse relating to what this poor girl might have suffered inher love-relations with this youth be permitted to sway them to the belief or decision that for that this youth had committed the crime specifically stated in the indictment. Who among both sexes were not cruel at times in theirlove life, the one to the other
And then a long and detailed indictment of the purely circumstantial nature of the evidence--no single personhaving seen or heard anything of the alleged crime itself, whereas Clyde himself had explained most clearly howhe came to find himself in the peculiar situation in which he did find himself. And after that, a brushing aside ofthe incident of the folder, as well as Clyde's not remembering the price of the boat at Big Bittern, his stopping tobury the tripod and his being so near Roberta and not aiding her, as either being mere accidents of chance, ormemory, or, in the case of his failing to go to her rescue, of his being dazed, confused, frightened--"hesitatingfatally but not criminally at the one time in his life when he should not have hesitated"--a really strong ifjesuitical plea which was not without its merits and its weight.
And then Mason, blazing with his conviction that Clyde was a murderer of the coldest and blackest type, andspending an entire day in riddling the "spider's tissue of lies and unsupported statements" with which the defensewas hoping to divert the minds of the jury from the unbroken and unbreakable chain of amply substantiatedevidence wherewith the prosecution had proved this "bearded man" to be the "red-handed murderer" that he was.
And with hours spent in retracing the statements of the various witnesses. And other hours in denouncing Clyde,or re-telling the bitter miseries of Roberta--so much so that the jury, as well as the audience, was once more onthe verge of tears. And with Clyde deciding in his own mind as he sat between Belknap and Jephson, that no jurysuch as this was likely to acquit him in the face of evidence so artfully and movingly recapitulated.
And then Oberwaltzer from his high seat finally instructing the jury: "Gentlemen--all evidence is, in a strictsense, more or less circumstantial, whether consisting of facts which permit the inference of guilt or whethergiven by an eyewitness. The testimony of an eyewitness is, of course, based upon circumstances.
If any of the material facts of the case are at variance with the probability of guilt, it will be the duty of yougentlemen to give the defendant the benefit of the doubt raised.
And it must be remembered that evidence is not to be discredited or decried because it is circumstantial. It mayoften be more reliable evidence than direct evidence.
Much has been said here concerning motive and its importance in this case, but you are to remember that proofof motive is by no means indispensable or essential to conviction. While a motive may be shown as aCIRCUMSTANCE to aid in FIXING a crime, yet the people are not required to prove a motive.
If the jury finds that Roberta Alden accidentally or involuntarily fell out of the boat and that the defendant madeno attempt to rescue her, that does not make the defendant guilty and the jury must find the defendant 'not guilty.
On the other hand, if the jury finds that the defendant in any way, intentionally, there and then brought about orcontributed to that fatal accident, either by a blow or otherwise, it must find the defendant guilty.
While I do not say that you must agree upon your verdict, I would suggest that you ought not, any of you, placeyour minds in a position which will not yield if after careful deliberation you find you are wrong."So, Justice Oberwaltzer--solemnly and didactically from his high seat to the jury.
And then, that point having been reached, the jury rising and filing from the room at five in the afternoon. AndClyde immediately thereafter being removed to his cell before the audience proper was allowed to leave thebuilding. There was constant fear on the part of the sheriff that he might be attacked. And after that five longhours in which he waited, walking to and fro, to and fro, in his cell, or pretending to read or rest, the while Krautor Sissel, tipped by various representatives of the press for information as to how Clyde "took it" at this time,slyly and silently remained as near as possible to watch.
And in the meantime Justice Oberwaltzer and Mason and Belknap and Jephson, with their attendants and friends,in various rooms of the Bridgeburg Central Hotel, dining and then waiting impatiently, with the aid of a fewdrinks, for the jury to agree, and wishing and hoping that the verdict would be reached soon, whatever it mightbe.
And in the meantime the twelve men--farmers, clerks and storekeepers, re-canvassing for their own mentalsatisfaction the fine points made by Mason and Belknap and Jephson. Yet out of the whole twelve but one man-SamuelUpham, a druggist--(politically opposed to Mason and taken with the personality of Jephson)-sympathizingwith Belknap and Jephson. And so pretending that he had doubts as to the completeness ofMason's proof until at last after five ballots were taken he was threatened with exposure and the public rage andobloquy which was sure to follow in case the jury was hung. "We'll fix you. You won't get by with this withoutthe public knowing exactly where you stand." Whereupon, having a satisfactory drug business in NorthMansfield, he at once decided that it was best to pocket this opposition to Mason and agree.
Then four hollow knocks on the door leading from the jury room to the courtroom. It was the foreman of thejury, Foster Lund, a dealer in cement, lime and stone. His great fist was knocking. And at that the hundreds whohad crowded into the hot stuffy courtroom after dinner though many had not even left--stirred from the halfstupor into which they had fallen. "What's that? What's happened? Is the jury ready to report? What's theverdict?" And men and women and children starting up to draw nearer the excluding rail. And the two deputieson guard before the jury door beginning to call. "All right! All right! As soon as the judge comes." And thenother deputies hurrying to the prison over the way in order that the sheriff might be notified and Clyde broughtover--and to the Bridgeburg Central Hotel to summon Oberwaltzer and all the others. And then Clyde, in a halfstupor or daze from sheer loneliness and killing suspense, being manacled to Kraut and led over between Slack,Sissel and others. And Oberwaltzer, Mason, Belknap and Jephson and the entire company of newspaper writers,artists, photographers and others entering and taking the places that they had occupied all these long weeks. AndClyde winking and blinking as he was seated behind Belknap and Jephson now--not with them, for as stoutlymanacled as he was to Kraut, he was compelled to sit by him. And then Oberwaltzer on the bench and the clerkin his place, the jury room door being opened and the twelve men filing solemnly in--quaint and varied figures inangular and for the most part much-worn suits of the ready-made variety. And as they did so, seating themselvesin the jury box, only to rise again at the command of the clerk, who began: "Gentlemen of the jury, have youagreed on a verdict?"--yet without one of them glancing in the direction of either Belknap or Jephson or Clyde,which Belknap at once interpreted as fatal.
It's all off," he whispered to Jephson. "Against us. I can tell." And then Lund announcing: "We have. We findthe defendant guilty of murder in the first degree." And Clyde, entirely dazed and yet trying to keep his poise andremain serene, gazing straight before him toward the jury and beyond, and with scarcely a blink of the eye. For had he not, in his cell the night before, been told by Jephson, who had found him deeply depressed, that theverdict in this trial, assuming that it proved to be unfavorable, was of no consequence. The trial from start tofinish had been unfair. Prejudice and bias had governed its every step. Such bullying and browbeating andinnuendo as Mason had indulged in before the jury would never pass as fair or adequate in any higher court. Anda new trial--on appeal--would certainly be granted--although by whom such an appeal was to be conducted hewas not now prepared to discuss.
And now, recalling that, Clyde saying to himself that it did not so much matter perhaps, after all. It could not,really--or could it? Yet think what these words meant in case he could not get a new trial! Death! That is what itwould mean if this were final--and perhaps it was final. And then to sit in that chair he had seen in his mind's eyefor so long--these many days and nights when he could not force his mind to drive it away. Here it was againbefore him--that dreadful, ghastly chair--only closer and larger than ever before--there in the very center of thespace between himself and Justice Oberwaltzer. He could see it plainly now--squarish, heavy-armed, heavy-backed, some straps at the top and sides. God! Supposing no one would help him now! Even the Griffiths mightnot be willing to pay out any more money! Think of that! The Court of Appeals to which Jephson and Belknaphad referred might not be willing to help him either. And then these words would be final. They would! Theywould! God! His jaws moved slightly, then set--because at the moment he became conscious that they weremoving. Besides, at that moment Belknap was rising and asking for an individual poll of the jury, while Jephsonleaned over and whispered: "Don't worry about it. It isn't final. We'll get a reversal as sure as anything." Yet aseach of the jurors was saying: "Yes"--Clyde was listening to them, not to Jephson. Why should each one say thatwith so much emphasis? Was there not one who felt that he might not have done as Mason had said--struck herintentionally? Was there not one who even half-believed in that change of heart which Belknap and Jephson hadinsisted that he had experienced? He looked at them all--little and big. They were like a blackish-brown group ofwooden toys with creamish-brown or old ivory faces and hands. Then he thought of his mother. She would hearof this now, for here were all these newspaper writers and artists and photographers assembled to hear this. Andwhat would the Griffiths--his uncle and Gilbert--think now? And Sondra! Sondra! Not a word from her. Andthrough all this he had been openly testifying, as Belknap and Jcphson had agreed that he must do--to thecompelling and directing power of his passion for her--the real reason for all this! But not a word. And shewould not send him any word now, of course--she who had been going to marry him and give him everything
But in the meantime the crowd about him silent although--or perhaps because--intensely satisfied. The little devilhadn't "gotten by." He hadn't fooled the twelve sane men of this county with all that bunk about a change ofheart. What rot! While Jephson sat and stared, and Belknap, his strong face written all over with contempt anddefiance, making his motions. And Mason and Burleigh and Newcomb and Redmond thinly repressing theirintense satisfaction behind masks preternaturally severe, the while Belknap continued with a request that thesentence be put off until the following Friday--a week hence, when he could more conveniently attend, but withJustice Oberwaltzer replying that he thought not--unless some good reason could be shown. But on the morrow,if counsel desired, he would listen to an argument. If it were satisfactory he would delay sentence--otherwise,pronounce it the following Monday.
Yet, even so, Clyde was not concerned with this argument at the moment. He was thinking of his mother andwhat she would think--feel. He had been writing her so regularly, insisting always that he was innocent and thatshe must not believe all, or even a part, of what she read an the newspapers. He was going to be acquitted sure.
He was going to go on the stand and testify for himself. But now . . . now . . . oh, he needed her now--so much.
Quite every one, as it seemed now, had forsaken him. He was terribly, terribly alone. And he must send her someword quickly. He must. He must. And then asking Jephson for a piece of paper and a pencil, he wrote: "Mrs. AsaGriffiths, care of Star of Hope Mission, Denver, Colorado. Dear mother--I am convicted--Clyde." And thenhanding that to Jephson, he asked him, nervously and weakly, if he would see that it was sent right away. "Rightaway, son, sure," replied Jephson, touched by his looks, and waving to a press boy who was near gave it to himtogether with the money.
And then, while this was going on, all the public exits being locked until Clyde, accompanied by Sissel andKraut, had been ushered through the familiar side entrance through which he had hoped to escape. And while allthe press and the public and the still-remaining jury gazing, for even yet they had not seen enough of Clyde butmust stare into his face to see how he was taking it. And because of the local feeling against him, JusticeOberwaltzer, at Slack's request, holding court un-adjourned until word was brought that Clyde was once morelocked in his cell, whereupon the doors were re-opened. And then the crowd surging out but only to wait at thecourtroom door in order to glimpse, as he passed out, Mason, who now, of all the figures in this case, was thetrue hero--the nemesis of Clyde--the avenger of Roberta. That he not appearing at first but instead Jephson andBelknap together, and not so much depressed as solemn, defiant--Jephson in particular, looking unconquerablycontemptuous. Then some one calling: "Well, you didn't get him off just the same," and Jephson replying, with ashrug of his shoulders, "Not yet, but this county isn't all of the law either." Then Mason, immediately afterward-aheavy, baggy overcoat thrown over his shoulder, his worn soft hat pulled low over his eyes--and followed byBurleigh, Heit, Newcomb and others as a royal train--while he walked in the manner of one entirely oblivious ofthe meaning or compliment of this waiting throng. For was he not now a victor and an elected judge! And asinstantly being set upon by a circling, huzzahing mass--the while a score of those nearest sought to seize him bythe hand or place a grateful pat upon his arm or shoulder. "Hurrah for Orville!" "Good for you, Judge!" (his newor fast-approaching title). "By God! Orville Mason, you deserve the thanks of this county!" "Hy-oh! Heigh
Heigh!" "Three cheers for Orville Mason!" And with that the crowd bursting into three resounding huzzahs-whichClyde in his cell could clearly hear and at the same time sense the meaning of.
They were cheering Mason for convicting him. In that large crowd out there there was not one who did notbelieve him totally and completely guilty. Roberta--her letters--her determination to make him marry her--hergiant fear of exposure--had dragged him down to this. To conviction. To death, maybe. Away from all he hadlonged for--away from all he had dreamed he might possess. And Sondra! Sondra! Not a word! Not a word! Andso now, fearing that Kraut or Sissel or some one might be watching (ready to report even now his every gesture),and not willing to show after all how totally collapsed and despondent he really was, he sat down and taking up amagazine pretended to read, the while he looked far, far beyond it to other scenes--his mother--his brother andsisters--the Griffiths--all he had known. But finding these unsubstantiated mind visions a little too much, hefinally got up and throwing off his clothes climbed into his iron cot.
Convicted! Convicted!" And that meant that he must die! God! But how blessed to be able to conceal his faceupon a pillow and not let any one see--however accurately they might guess