The prosecutor turned again to Maria. "Did you not tell Sophia Mantelli that you were weeping because your husband had purchased a revolver with which to kill Beppe?"
"Objected to!" shouted Flynn.
"I will allow it," said his honor, "on the ground of refreshing memory.
The witness may answer."
"No," answered Maria in the same quiet voice.
The prosecutor threw down the affidavit in disgust. That was what you got for taking the word of one of these Italians! Well, it would be a lesson! No, he had no more questions. Candido began to chatter at his lawyer and fell to nodding and smiling at Maria, who seemed to see him no more than before.
Flynn rose deliberately, cleared his throat, and elevated and stretched his arms as if to secure freer action, exhibiting during the operation a large pair of soiled cuffs.
"Do you know Pietro What"s-his-name?" he inquired sharply.
Maria flushed and her head sank toward the child. "Yes," she murmured.
"You have heard him testify that he saw the killing of Montaro?"
"Yes."
"Do you know where he was at that time?"
Maria"s head fell so low that her face could not be seen, and her hand sought the cross upon her bosom.
"Answer the question!" cried Flynn roughly.
"He was with me when we heard the shots below." Her voice dropped to a whisper. "He had been there for an hour. He was not with Ludovico at all. He saw nothing."
An excited chatter flew around the benches. The handsome Pietro sat dumfounded.
Candido started from his chair, his face livid with pa.s.sion, his eyes glaring. "_Traditrice!_ It is thus you deceive me! It is well that I should die. Faithless betrayer!"
In the hysteria of the moment he entirely overlooked the value of the testimony in his behalf. The attendant and the distinguished Flynn thrust him down, and the interpreter hurled at him a torrent of remonstrances. Once more the prisoner buried his face in his hands.
Maria, still hanging her head, left the chair, and with her babe in her arms sought a distant corner of the court room.
With the testimony of an officer that a b.u.t.ton photograph of Maria had been found pinned inside the coat of Montaro, the prosecution closed its case. The a.s.sistant district attorney sat down. The jury shifted their positions. The distinguished Flynn rose to make motions that the case be taken from the jury. It was plain, he argued in sonorous and reverberating tones, that the prosecution had impeached its princ.i.p.al witness by the testimony of the defendant"s wife, Maria Delsarto. It had raised a reasonable doubt on its own evidence. There was nothing upon which the jury could predicate a verdict. He asked that they be directed to acquit. Was his motion denied? With an expression of well-simulated surprise, he made the other stereotyped motions. The court denied them all.
Candido saw and trembled. That shaking of the head could mean only one thing! Well, they would let him see the priest first--before they did it.
"Take the chair!" came Flynn"s harsh voice from above.
"The chair!" _La sedia!_ Madonna! He knew that word. So soon then? He stiffened with horror. A chilly perspiration broke out all over his body. The room swam and darkness surged across his bewildered vision.
"Take the chair!" repeated the voice.
"_La sedia!_" bellowed the interpreter. "_La sedia!_"
Candido shivered as with ague. His teeth chattered. _Dio!_ Now?
The attendant placed a hand upon his shoulder. Candido uttered a terrible cry, and fell senseless to the floor.
A long adjournment, a talk with the priest, an explanation from the interpreter, and Candido "took the chair," telling his own story in a fluent but listless monotone. He spoke of his father and mother, of his home in Calabria, of Maria whom he had known from childhood. His speech was soft and dejected. Then he told of Beppe--Beppe, the great, coa.r.s.e, bullying brute who had tormented and abused him! Yet he had never retaliated until the other had sought to ruin his home. Then he had refused him access. Montaro had publicly sworn to be revenged, declaring that he would kill him and marry his widow.
Candido gritted his teeth and shook his curved fingers, uttering various _staccato_ adjectives. Then he recovered himself, and in a different tone began to speak slowly and with great care, pausing after each sentence. From time to time he looked to observe the effect of his testimony upon the distinguished Flynn. That night in the wine shop Montaro had called him aside and in the most insulting manner warned him of his approaching fate. He would be dead within a week, and Maria would belong to another. Then in mockery Montaro had bent over his hand as if to administer a caress and had _bitten_ it--the deadliest of affronts.
Candido had hurried out of the shop toward his home, closely followed by Montaro. At the door of the tenement his enemy had rushed upon him with a drawn knife from behind, and to save his own life Candido had fired at him.
"He was a bad man--_un perfido_. He would have killed me and taken my wife from me had I not killed him," continued the defendant. As for this Pietro, he had not been there at all. He was an enemy, a Sicilian.
In response to a question of the a.s.sistant, he explained that the pistol was an old one. He had not bought it to kill Montaro. He had had it for four or five years. Had procured it for safety when working on the railroad.
By degrees Candido recovered from his listlessness. He no longer seemed careless as to the result of the case. A new strong thirst for life had taken possession of him. There was an air of frankness about the weather-beaten little countenance, and a trustful look in the brown eyes that served far better than "character witnesses" to convince the jury of his ingenuousness. There was no doubt as to his having made an impression.
The distinguished Flynn patted him on the back as he took his seat and felt greatly encouraged. These Italians were great actors--and no mistake!
[Ill.u.s.tration: "The distinguished Flynn burst into a deluge of oratory."]
But the prosecution had reserved a bombsh.e.l.l for the last, intended to annihilate the testimony of the defendant and neutralize the effect of his personality upon the jury. The a.s.sistant called in reb.u.t.tal a salesman from a large retail fire-arm store, who testified positively that the pistol in evidence had been purchased the day before the homicide. Flynn turned to the attendant, whom he knew well and cursed.
These Guineas! Bought the day before! He had all the air of one who has been grossly and inexcusably deceived. He scowled at Candido, who quailed before him.
"How long do you want to sum up, gentlemen?" inquired the court. "Will twenty minutes each be sufficient?"
The distinguished Flynn burst into a deluge of oratory in which Self-Defense and The Unwritten Law played opposite one another, neither yielding precedence. His client was a hero! The instinct of every true American, of every husband, of every father, must stamp his deed as one blameless in the eyes of the Almighty, and worthy not of censure but of the approval of all honest men and lovers of virtue. At the risk of his own life he had preserved the integrity of his home and the honor of his wife. At the same time he had rid the community of a villain. Never, while the Stars and Stripes floated above their heads would an American jury on this sacred soil, consecrated by the blood of those who sacrificed their lives to liberty, etc.-- He subsided, panting and mopping his forehead.
The a.s.sistant rose to reply. This explanation of the defendant that he had killed in self-defense was the last despairing effort of a guilty man to escape the consequences of his horrible crime. Of course the prisoner"s own evidence was valueless. Jealousy! Calm, calculating jealousy! That was the key to this awful act. The tell-tale picture on Montaro"s coat, the crimson admissions of the defendant"s wife, the purchase of the pistol--all spoke for themselves. The prosecutor paused.
"Sympathy is not for the a.s.sa.s.sin," he concluded. "Think rather of his innocent victim! On the sunny sh.o.r.es of Calabria sits a woman, old and gray, to whom this Beppe is her joy, her pride, who thinks of him by day working in the great America across the seas, and whose heart, as the time for the harvest draws near and the exiles are coming back to work in the fields, will beat with expectation. The others will come. Father will meet daughter, and mother will meet son, and they will tell of their life in the great country of Freedom; but for her there will be no gladness--her Beppe will return no more."
The a.s.sistant sank into his seat. Candido was staring at him with wide eyes. He knew the _avvocato_ had been talking about Calabria. Madonna!
Would he ever see it again?
"Gentlemen of the jury," began his honor. "I shall first define the various degrees of murder and manslaughter."
The sun fell lower and lower over the Tombs as the judge continued his charge. The jury twisted uneasily in their chairs. Candido grew tired.
This interminable flow of talk! Why did not the judge say what should be done to him at once? Millions of motes swam in the sun, and with his head resting on his forearms he watched them idly. He had always loved the sun. A warm la.s.situde stole over him. On Sundays he had spent whole mornings curled up on a bench in Seward Park with Maria and the _bambino_ beside him. How funnily the motes danced about! He smiled drowsily at them. Some were so tiny as to be almost invisible, and some were really large--if you half closed your eyes and one got near it seemed almost as big as a cat--fluffy like a cat. Those little, tiny motes would float out of nowhere into the band of sunshine and sink and dart across it, vanishing into nothingness. Candido amused himself by blowing millions of them into eternity. He himself was just like that.
Out of the black, into the warm sun for a little while, and then--pouf!
There was a tremendous scuffling of feet beside him, and the jury rose and filed out. The noise brought him back out of his dream to the realities again. They were going away! Judgment had been p.r.o.nounced! The judge bowed solemnly to the retreating foreman. Again the fierce chill of overwhelming animal fear seized him. An officer approached. Madonna!
He could not pa.s.s into the black like the motes, he could not! And he was as yet unshriven! With his frail little body vibrating like a framework of slender steel, he turned and faced the officer, panting with fear, his eyes darting fire.
"Aw, come along!" growled the attendant, raising his hand to seize him by the arm.
"I cannot die unshriven!" shrieked Candido, and flung himself furiously upon the officer, biting, kicking, scratching, until, nearly fainting from his paroxysm of terror and in a coma of exhaustion, he allowed himself to be carried away by three burly Irishmen.
"Bring up the defendant!" directed the court. The jury were already in and waiting for the prisoner. The Italians had all been hustled out into the corridor. His honor had no mind for any sort of demonstration. The light still poured through the great windows, and the sky was a deep sunny blue over the Tombs. Resisting, clutching at sills and railing, hanging by his arms, Candido was carried in and held bodily at the bar.