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 denouement 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, attaches, 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.