"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!"