The Essential Booth Tarkington Collection. Booth Tarkington
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Tabor bow gravely to her across the railing. Now, a thousand things not set forth by legislatures, law-men and judges affect a jury, and the slight salutation caused the members of this one to glance at one another; for it seemed to imply that the exquisite lady in white not only knew Claudine, but knew that she had spoken the truth. It was after this, that a feeling favorable to the defence now and then noticeably manifested itself in the courtroom. Still, when the evidence for the State was all in, the life of Happy Fear seemed to rest in a balance precarious indeed, and the little man, swallowing pitifully, looked at his attorney with the eyes of a sick dog.
Then Joe gave the prosecutors an illuminating and stunning surprise, and, having offered in evidence the revolver found upon Claudine, produced as his first witness a pawnbroker of Denver, who identified the weapon as one he had sold to Cory, whom he had known very well. The second witness, also a stranger, had been even more intimately acquainted with the dead man, and there began to be an uneasy comprehension of what Joe had accomplished during that prolonged absence of his which had so nearly cost the life of the little mongrel, who was at present (most blissful Respectability!) a lively convalescent in Ariel's back yard. The second witness also identified the revolver, testifying that he had borrowed it from Cory in St. Louis to settle a question of marksmanship, and that on his returning it to the owner, the latter, then working his way eastward, had confided to him his intention of stopping in Canaan for the purpose of exercising its melancholy functions upon a man who had once "done him good" in that city.
By the time the witness had reached this point, the Prosecutor and his assistants were on their feet, excitedly shouting objections, which were promptly overruled. Taken unawares, they fought for time; thunder was loosed, forensic bellowings; everybody lost his temper--except Joe; and the examination of the witness proceeded. Cory, with that singular inspiration to confide in some one, which is the characteristic and the undoing of his kind, had outlined his plan of operations to the witness with perfect clarity. He would first attempt, so he had declared, to incite an attack upon himself by playing upon the jealousy of his victim, having already made a tentative effort in that direction. Failing in this, he would fall back upon one of a dozen schemes (for he was ready in such matters, he bragged), the most likely of which would be to play the peacemaker; he would talk of his good intentions toward his enemy, speaking publicly of him in friendly and gentle ways; then, getting at him secretly, destroy him in such a fashion as to leave open for himself the kind gate of self-defence. In brief, here was the whole tally of what had actually occurred, with the exception of the last account in the sequence which had proved that demise for which Cory had not arranged and it fell from the lips of a witness whom the prosecution had no means of impeaching. When he left the stand, unshaken and undiscredited, after a frantic cross-examination, Joe, turning to resume his seat, let his hand fall lightly for a second upon his client's shoulder.
That was the occasion of a demonstration which indicated a sentiment favorable to the defence (on the part of at least three of the spectators); and it was in the nature of such a hammering of canes upon the bare wooden floor as effectually stopped all other proceedings instantly. The indignant Judge fixed the Colonel, Peter Bradbury, and Squire Buckalew with his glittering eye, yet the hammering continued unabated; and the offenders surely would have been conducted forth in ignominy, had not gallantry prevailed, even in that formal place. The Judge, reluctantly realizing that some latitude must be allowed to these aged enthusiasts, since they somehow seemed to belong to Miss Tabor, made his remarks general, with the time-worn threat to clear the room, whereupon the loyal survivors of Eskew relapsed into unabashed silence.
It was now, as Joe had said, a clear-enough case. Only the case itself, however, was clear, for, as he and his friends feared, the verdict might possibly be neither in accordance with the law, the facts, nor the convictions of the jury. Eugene's defection had not altered the tone of the Tocsin.
All day long a crowd of men and boys hung about the corridors of the Court-house, about the Square and the neighboring streets, and from these rose sombre murmurs, more and more ominous. The public sentiment of a community like Canaan can make itself felt inside a court-room; and it was strongly exerted against Happy Fear. The Tocsin had always been a powerful agent; Judge Pike had increased its strength with a staff which was thoroughly efficient, alert, and always able to strike centre with the paper's readers; and in town and country it had absorbed the circulation of the other local journals, which resisted feebly at times, but in the matter of the Cory murder had not dared to do anything except follow the Tocsin's lead. The Tocsin, having lit the fire, fed it--fed it saltpetre and sulphur--for now Martin Pike was fighting hard.
The farmers and people of the less urban parts of the country were accustomed to found their opinions upon the Tocsin. They regarded it as the single immutable rock of journalistic righteousness and wisdom in the world. Consequently, stirred by the outbursts of the paper, they came into Canaan in great numbers, and though the pressure from the town itself was so strong that only a few of them managed to crowd into the court-room, the others joined their voices to those sombre murmurs outdoors, which increased in loudness as the trial went on.
The Tocsin, however, was not having everything its own way; the volume of outcry against Happy Fear and his lawyer had diminished, it was noticed, in "very respectable quarters." The information imparted by Mike Sheehan to the politicians at Mr. Farbach's had been slowly seeping through the various social strata of the town, and though at first incredulously rejected, it began to find acceptance; Upper Main Street cooling appreciably in its acceptance of the Tocsin as the law and the prophets. There were even a few who dared to wonder in their hearts if there had not been a mistake about Joe Louden; and although Mrs. Flitcroft weakened not, the relatives of Squire Buckalew and of Peter Bradbury began to hold up their heads a little, after having made home horrible for those gentlemen and reproached them with their conversion as the last word of senile shame. In addition, the Colonel's grandson and Mr. Bradbury's grandson had both mystifyingly lent countenance to Joe, consorting with him openly; the former for his own purposes--the latter because he had cunningly discovered that it was a way to Miss Tabor's regard, which, since her gentle rejection of him, he had grown to believe (good youth!) might be the pleasantest thing that could ever come to him. In short, the question had begun to thrive: Was it possible that Eskew Arp had not been insane, after all?
The best of those who gathered ominously about the Court-house and its purlieus were the young farmers and field-hands, artisans and clerks; one of the latter being a pimply faced young man (lately from the doctor's hands), who limped, and would limp for the rest of his life, he who, of all men, held the memory of Eskew Arp in least respect, and was burningly desirous to revenge himself upon the living.
The worst were of that mystifying, embryonic, semi-rowdy type, the American voyou, in the production of which Canaan and her sister towns everywhere over the country are prolific; the young man, youth, boy perhaps, creature of nameless age, whose clothes are like those of a brakeman out of work, but who is not a brakeman in or out of work; wearing the black, soft hat tilted forward to shelter--as a counter does the contempt of a clerk--that expression which the face does not dare wear quite in the open, asserting the possession of supreme capacity in wit, strength, dexterity, and amours; the dirty handkerchief under the collar; the short black coat always double-breasted; the eyelids sooty; one cheek always bulged; the forehead speckled; the lips cracked; horrible teeth; and the affectation of possessing secret information upon all matters of the universe; above all, the instinct of finding the shortest way to any scene of official interest to the policeman, fireman, or ambulance surgeon,--a singular being, not professionally criminal; tough histrionically rather than really; full of its own argot of brag; hysterical when crossed, timid through great ignorance, and therefore dangerous. It furnishes not the leaders but the mass of mobs; and it springs up at times of crisis from Heaven knows where. You might have driven through all the streets of Canaan, a week before the trial, and have seen four or five such fellows; but from the day of its beginning the Square was full of them, dingy shuttlecocks batted up into view by the Tocsin.
They kept the air whirring with their noise. The news of that sitting which had caused the Squire, Flitcroft, and Peter Bradbury to risk the Court's displeasure, was greeted outside with loud and vehement disfavor; and when, at noon, the jurymen were marshalled out to cross the yard to the "National House" for dinner,