Bradley nodded at Harold. "Stand also."
"I object," shrieked the prosecution.
"State the objection," said the judge.
"Keep your position," said Bradley sternly. "I want the jury to compare you."
As the prisoner and the witness faced each other the court room blossomed with smiles. Harold looked very pale and delicate beside the coa.r.s.e, muscular hostler, who turned red and looked foolish.
Ultimately the judge sustained the objection, but the work was done. A dramatic contrast had been drawn, and the jury perceived the pusillanimity of Sloc.u.m"s story. This was the position of the defense.
Harold was a boy, the hostler had insulted him, had indeed struck him with a whip. Mad with rage, and realizing the greater strength of his a.s.sailant, the prisoner had drawn a knife.
In reb.u.t.tal, the prosecution made much of Harold"s fierce words. He meant to kill. He was a dangerous boy. "Speaking with due reverence for his parents," the lawyer said, "the boy has been a scourge. Again and again he has threatened his playmates with death. These facts must stand. The State is willing to admit the disparity of strength, so artfully set forth by the defense, but it must not be forgotten that the boy was known to carry deadly weapons, and that he was subject to blind rages. It was not, therefore, so much a question of punishing the boy as of checking his a.s.saults upon society. To properly punish him here would have a most salutary effect upon his action in future. The jury must consider the case without sentiment."
Old Brown arose after the State had finished. Everyone knew his power before a jury, and the room was painfully silent as he walked with stately tread to a spittoon and cleared his mouth of a big wad of tobacco. He was the old-fashioned lawyer, formal, deliberate; and though everybody enjoyed Bradley Talcott"s powerful speech, they looked for drama from Brown. The judge waited patiently while the famous old lawyer played his introductory part. At last, after silently pacing to and fro for a full minute, he turned, and began in a hard, dry, nasal voice.
"Your Honor, I"m not so sure of the reforming effect of a penitentiary.
I question the salutary quality of herding this delicate and high-spirited youth with the hardened criminals of the State." His strident, monotonous tone, and the cynical inflections of his voice made the spectators shiver with emotion as under the power of a great actor.
He paced before the judge twice before speaking again. "Your Honor, there is more in this case than has yet appeared. Everyone in this room knows that the elopement of Dorothy Burland is at the bottom of this affair, everyone but yourself, judge. This lad was the accepted sweetheart of that wayward miss. This man Sloc.u.m is one of the rough, loud-spoken men of the village, schooled in vice and fisticuffery. You can well imagine, gentlemen of the jury," he turned to them abruptly, "you can well imagine the kind of a greeting this town loafer would give this high-spirited boy on that morning after the night when his _inamorata_ disappeared with a married man. The boy has in him somewhat of the knight of the old time, your Honor; he has never opened his lips in dispraise of his faithless love. He has refused to repeat the insulting words of his a.s.sailant. He stands to-day at a turning point of his life, gentlemen of the jury, and it depends on you whether he goes downward or upward. He has had his faith in women shaken: don"t let him lose faith in law and earthly justice." His first gesture was on the word "downward," and it was superb.
Again he paused, and when he looked up again a twinkle was in his eyes and his voice was softer. "As for all this chicken roasting and melon lifting, you well know the spirit that is in that; we all had a hand in such business once, every man Jack of us. The boy is no more culpable now than you were then. Moreover, Excell has had too much of the mischief of the town laid on his shoulders--more than he deserves. "Give a dog a bad name and every dead sheep is laid at the door of his kennel."
"However, I don"t intend to review the case, y"r Honor. My colleague has made the main and vital points entirely clear; I intend merely to add a word here and there. I want you to take another look at that pale, handsome, poetic youth and then at that burly bully, and consider the folly, the idiocy, and the cowardice of the charge brought against our client." He waited while the contrast which his dramatic utterance made enormously effective was being felt; then, in a deep, melodious voice, touched with sadness, he addressed the judge:
"And to you, your Honor, I want to say we are old men. You on the bench and I here in the forum have faced each other many times. I have defended many criminals, as it was my duty to do, and you have punished many who deserved their sentences. I have seen innocent men unable to prove their freedom from guilt, and I have known men who are grossly criminal, because of lack of evidence--these things are beyond our cure. We are old, your Honor: we must soon give place to younger men. We can not afford to leave bench and bar with the stain of injustice on our garments. We can not afford to start this boy on the road to h.e.l.l at seventeen years of age."
He stopped as abruptly as he had begun, and the room was silent for a long time after he had taken his seat. To Harold it seemed as though he and all the people of the room were dead--that only his brain was alive.
Then Mrs. Excell burst into sobbing. The judge looked away into s.p.a.ce, his dim eyes seeing nothing that was near, his face an impa.s.sive mask of colorless flesh. The old lawyer"s words had stirred his blood, sluggish and cold with age, but his brain absorbed the larger part of his roused vitality, and when he spoke his voice had an unwontedly flat and dry sound.
"The question for you to decide," he said, instructing the jury, "is whether the boy struck the blow in self-defense, or whether he a.s.saulted with intent to do great bodily injury. The fact that he was provoked by a man older and stronger than himself naturally militates in his favor, but the next question is upon the boy"s previous character. Did he carry deadly weapons? Is he at heart dangerous to his fellows? His youth should be in mind, but it should also be remembered that he is a lad of high intellectual power, older than most men of his age. I will not dwell upon the case; you have heard the testimony; the verdict is in your keeping."
During all this period of severe mental strain Mr. Excell sat beside Lawyer Brown, motionless as a statue, save when now and again he leaned forward to whisper a suggestion. He did not look at his son, and Harold seldom looked at him. Jack Burns sat as near the prisoner as the sheriff would permit, and his homely, good face, and the face of the judge were to Harold the only spots of light in the otherwise dark room. Outside the voices of children could be heard and the sound of the rising wind in the rustling trees. Once a breeze sent a shower of yellow and crimson leaves fluttering in at the open window, and the boy"s heart swelled high in his throat, and he bowed his head and sobbed. Those leaves represented the splendor of the open s.p.a.ces to him. They were like messages from the crimson sunsets of the golden West, and his heart thrilled at the sight of them.
It was long after twelve o"clock, and an adjournment for dinner was ordered. Harold was about to be led away when his father came to him and said:
"Harold, would you like to have your mother and me go to dinner with you?"
With that same unrelenting, stubborn frown on his face the boy replied: "No--let me alone."
A hot flush swept over the preacher"s face. "Very well," he said, and turned away, his lips twitching.
The jury was not long out. They were ready to report at three o"clock.
Every seat was filled as before. The lawyers came in, picking their teeth or smoking. The ladies were in Sunday dress, the young men were accompanied by their girls, as if the trial were a dramatic entertainment. Those who failed of regaining their seats were much annoyed; others, more thrifty, had hired boys to keep their places for them during the noon hour, and others, still more determined, having brought lunches, had remained in their seats throughout the intermission, and were serene and satisfied.
Harold was brought back to his seat looking less haggard. He was not afraid of sentence; on the contrary he longed to have the suspense end.
"I don"t care what they do with me if they don"t use up too much of my life," he said to Jack. "I"ll pound rock or live in a dungeon if it will only shorten my sentence. I hate to think of losing time. Oh, if I had only gone last year!"
The Reverend Excell came in, looming high above the crowd, his face still white and set. He paid no heed to his parishioners, but made his way to the side of Lawyer Brown. The judge mounted his bench and the court room came to order instantly.
"Is the jury ready to report on the case of the State _vs._ Excell?" he asked in a low voice. He was informed that they were agreed. After the jury had taken their seats he said blandly, mechanically: "Gentlemen, we are ready for your verdict."
Harold knew the foreman very well. He was a carpenter and joiner in whose shop he had often played--a big, bluff, good-hearted man whom any public speaking appalled, and who stammered badly as he read from a little slip of paper: "Guilty of a.s.sault with intent to commit great bodily injury, but recommended to the mercy of the judge." Then, with one hand in his breeches pocket, he added: "Be easy on him, judge; I believe I"d "a" done the same."
The spectators t.i.ttered at his abrupt change of tone, and some of the young people applauded. He sat down very hot and red.
The judge did not smile or frown; his expressionless face seemed more like a mask than ever. When he began to speak it was as though he were reading something writ in huge letters on a distant wall.
"The Court is quite sensible of the extenuating circ.u.mstances attending this sad case, but there are far-reaching considerations which the Court can not forget. Here is a youth of good family, who elects to take up a life filled with mischief from the start. Discipline has been lacking.
Here, at last, he so far oversteps the law that he appears before a jury. It seems to the Court necessary, for this young man"s own good, that he feel the harsh hand of the law. According to the evidence adduced here to-day, he has been for years beyond the control of his parents, and must now know the inflexible purpose of law. I have in mind all that can be said in his favor: his youth, the disparity of age and physical power between himself and his accuser, the provocation, and the possession of the whip by the accuser--but all these are more than counterbalanced by the record of mischief and violence which stands against the prisoner."
There was a solemn pause, and the judge sternly said: "Prisoner, stand up." Harold arose. "For an a.s.sault committed upon the person of one Clinton Sloc.u.m, I now sentence you, Harold Excell, to one year in the penitentiary, and may you there learn to respect the life and property of your fellow-citizens."
"Judge! I beg----" The tall form of Mr. Excell arose, seeking to speak.
The judge motioned him to silence.
Brown interposed: "I hope the court will not refuse to hear the father of the prisoner. It would be scant justice if----"
Mr. Excell"s voice arose, harsh, stern, and quick. He spoke like the big man he was, firm and decided. Harold looked up at him in surprise.
"I claim the right to be heard; will the Court refuse me the privilege of a word?" His voice was a challenge. "I am known in this community.
For seven years as a minister of the Gospel I have lived among these citizens. My son is about to be condemned to State"s prison, and before he goes I want to make a statement here before him and before the judge and before the world. I understand this boy better than any of you, better than the mother who bore him, for I have given him the disposition which he bears. I have had from my youth the same murderous rages: I have them yet. I love my son, your Honor, and I would take him in my arms if I could, but he has too much of my own spirit. He literally can not meet me as an affectionate son, for I sacrificed his good-will by harsh measures while he was yet a babe. I make this confession in order that the Court may understand my relation to my son.
He was born with my own temper mingled with the poetic nature of his mother. While he was yet a lad I beat him till he was discolored by bruises. Twice I would have killed him only for the intervention of my wife. I have tried to live down my infirmity, your Honor, and I have at last secured control of myself, and I believe this boy will do the same, but do not send him to be an a.s.sociate with criminals. My G.o.d! do not treat him as I would not do, even in my worst moments. Give him a chance to reform outside State"s prison. Don"t fix on him that stain. I will not say send me--that would be foolish trickery--but I beg you to make some other disposition of this boy of mine. If he goes to the penitentiary I shall strip from my shoulders the dress of the clergyman and go with him, to be near to aid and comfort him during the term of his sentence. Let the father in you speak for me, judge. Be merciful, as we all hope for mercy on the great day, for Jesus" sake."
The judge looked out over the audience of weeping women and his face warmed into life. He turned to the minister, who still stood before him with hand outstretched, and when he spoke his voice was softened and his eyes kindly.
"The Court has listened to the words of the father with peculiar interest. The Court _is_ a father, and has been at a loss to understand the relations existing between father and son in this case. The Court thinks he understands them better now. As counsel for the defense has said, I am an old man, soon to leave my seat upon the bench, and I do not intend to let foolish pride or dry legal formalities stand between me and the doing of justice. The jury has decided that the boy is guilty, but has recommended him to the mercy of the Court. The plea of the father has enlightened the Court on one or two most vital points.
Nothing is further from the mind of the Court than the desire to do injury to a handsome and talented boy. Believing that the father and son are about to become more closely united, the Court here trans.m.u.tes the sentence to one hundred dollars fine and six months in the county jail.
This will make it possible for the son and father to meet often, and the father can continue his duties to the church. This the Court decides upon as the final disposition of the accused. The case is closed. Call the next case."
CHAPTER V
THE EAGLE"S EYES GROW DIM
The county jail in Cedar County was a plain, brick structure set in the midst of the Court House Square. Connected with it was the official residence of the sheriff, and brick walks ran diagonally from corner to corner for the convenience of citizens. Over these walks magnificent maples flung gorgeous banners in autumn, and it was a favorite promenade for the young people of the town at all seasons, even in winter.
At times when the jail was filled with disorderly inmates these innocent lovers could hear the wild yells and see the insulting gestures of the men at the windows, but ordinarily the grounds were quiet and peaceful.
The robins nested in the maples, the squirrels scampered from tree to tree, and little children tumbled about on the gra.s.s, unmindful of the sullen captives within the walls.
For seven years Harold himself had played about this yard, hearing the wild voices of the prisoners and seeing men come and go in irons. Over these walks he had loitered with Dot--now he was one of those who clawed at the window bars like monkeys in a cage in order to look out at the sunshine of the world. The jail pallor was already on his face and a savage look was in his eyes. He refused to see anyone but Jack, who came often and whose coming saved him from despair.
In one respect the county jail was worse, than the State"s prison; it had nothing for its captives to do. They ate, amused themselves as best they could through the long day, and slept. Most of them brooded, like Harold, on the sunshine lost to them, and paced their cells like wild animals. It had, however, the advantage of giving to each man a separate bed at night, though during the day they occupied a common corridor.
Some of them sang indecent songs and cursed their fellows for their stupidity, and fights were not uncommon.