I thought, "Perhaps he has been suddenly called out of the city and wants to see me before he leaves home." It surely couldn"t be that this summons had anything to do with Johnny Montgomery"s case. Having to rush off at such short notice I was luckily too busy to have time to worry about it; coming up through the valley Perez let me drive a good deal, and the horses were so spirited I needed all my wits to keep them from running away. But when we began to wind in and out among the tall round hills to the south of the city a nervousness came upon me, and I kept wondering what could be wanted of me. By the time we reached the house on Washington Street I could scarcely sit still.
Father was standing in the door to welcome me. I fairly flew up the steps. "What is the matter?" I asked, almost before I hugged him.
"By, and by we will talk about that," he said. "Now, come in and see what a fine host I am." But as I pa.s.sed him, I heard him saying to Perez, "Before you put up the horses I want you to take this note out to Mr. James Dingley, at his house, and wait for an answer."
It was a charming table, lit with candles, and there was a delicious dinner, but I was too excited to eat. The gla.s.s of wine that father made me drink only seemed to make my thoughts spin faster, wondering what could be going on since by father"s manner, and the message he had given Perez I felt sure it must be something unusual. When dessert had been put on, and Lee had gone out, leaving us alone there opposite each other, I thought, "Now it"s coming."
Father had set down his coffee-cup untasted. "I have had to send for you, Ellie," he said, "because of a matter connected with the trial."
My heart was beating quickly, and in spite of myself my voice trembled.
"When does it begin?" I asked.
"It began last week," father answered, "but there has been no evidence of any consequence yet."
He was silent for a moment, looking thoughtfully at the dancing flames of the candles. "I suppose you know," he went on, "that, in trials there is usually plenty of circ.u.mstantial evidence, but eye witnesses are rare and their testimony most valuable?"
I nodded. This feeling of suspense was intolerable.
"I very much hoped that yours would not be necessary. Mr. Dingley was of that opinion. But a new development has suddenly arisen, and now I am afraid you will have to be state"s witness--the most important one they will have."
There are no words to tell of the panic I was in. Father"s face, wrinkled with anxiety, was watching me. "I would give anything to keep you out of it," he said.
I tried to make my voice steady. "And will I have to tell them whether or not I think him guilty?"
He put his hand over mine. "G.o.d bless the child, no! You will have to tell them only exactly what you saw, all that you saw, and just how you saw it."
I could breathe again. After that one awful moment, when the whole weight of the trial seemed on my shoulders, anything was a relief.
"But, father," I said; "do you really think that he is guilty?"
Father gave me an odd look. "Aren"t you the one person in this city best qualified to answer that question?"
I stared at him. I felt as if I had been suddenly set up in a high tower, above all other people in the world, and that I was going to fall. I had known in a blind sort of way what I had seen, and, also, that no one else had seen it; but I had not realized the terrible isolation, the responsibility of such knowledge. "Oh," I cried, "I only wish I had never gone near Dupont Street. I am so sorry I have made you unhappy!"
"Well, my dear child, this is no time for regretting what has been done. We must think of ourselves only as two citizens of the state, and be ready to do all we can in that cause. You know it will not be easy, it will be made as difficult as possible for you to answer straightly." He had hold of both my hands now, was looking hard into my face. "And a young good-looking prisoner will make it harder yet."
His eyes seemed to go straight to my thoughts. "Ellie, I can depend upon you, can"t I?"
I was glad I could say, in quite a steady voice, "Oh, yes, yes!"
He smiled. "Of course I should have known without asking. Now don"t fret about it. To bed, to bed, to bed! We shall have to be up early to-morrow if we are to be in court by nine o"clock."
He was smiling, as he said this, with his old gaiety, but I suspected he was only putting it on to cheer me, as I now understand Senora Mendez had done when she had taken me shopping.
After I got up-stairs I couldn"t sleep. At about ten o"clock I heard the door-bell ring, then long heavy steps going down the hall, and the shutting of a door which I guessed to be the door of the study. That was odd; father seldom had visitors so late. I tossed and tossed. I kept trying to picture the court room. I saw it as a vast place, with a cold chilly light, like the hall of the prison, filled with a surging mob of people; serried rows of lawyers all in white wigs--the memory of some English pictures--and a terrible judge in a black gown, calling out my name. Suppose, even with the best I could do, I should make a mistake; forget something, or, what would be much worse, remember something wrongly!
I realized that I was hearing voices with remarkable clearness. I was able to recognize father"s and Mr. Dingley"s, and they seemed to be talking just beneath my window. Then it occurred to me that, since the evening was mild, the window of the study, which was just beneath my room, must be open. The sound of those voices worried me; Mr.
Dingley"s was louder than common, and there were times when both seemed to speak at once. I got up softly and going to my window very noiselessly closed it. Then, so that I should not be quite stifled for air, I set the door into the hall wide. It opened outward, so that I had to step out on the landing. Just as I did so, I heard the study door flung open, quick steps in the hall, and there, from that part of the hall directly beneath the landing, Mr. Dingley"s voice:
"Oh, that"s just your supersensitive conscience! There was no need of bringing the child up to town. There"s enough circ.u.mstantial evidence to convict ten men of whatever guilt there is."
Then father--"Yes, and I thought you had enough to convict one--that is I did last week. But this new development,--this Valencia woman, puts another face on the business."
"Come, now, Fred, the poor woman is really mighty upset over Rood"s death! All she says is that she doesn"t really believe the boy did it."
"And for that reason, and that reason alone," father broke in, "she is going to throw all her influence with the defense--thousands of dollars spent, and Lord knows what wires pulled, to get him off. Man, you can"t believe it! Don"t you know she"s going to fight us every inch of the way? You"ll need every sc.r.a.p of testimony you can dig up! And such an important piece as--" They were advancing up the hall. I shrank back and closed the door.
Faintly I heard the voices in the hall going on a few moments longer, then the front door shut with a deep sound, and the house was still. I got back into bed but it was not to sleep.
It seemed that since I had been away from the city this strange thing had happened: the Spanish Woman, whom the papers had described as mourning for Rood, had taken up the defense of Montgomery. I couldn"t understand it. It would seem that I ought to have been glad--I, who had been so anxious to find a champion for him--but queerly enough the only feeling that came was one of fear, as if, instead of saving, she had been dragging him into worse danger. I lay, staring now at the ceiling, now at the window, where, toward dawn, a paling light began to shine. I no longer felt the nervous anxieties that had kept me awake through the earlier part of the night. I was calmed by one great dread,--the thought of the Spanish Woman! Her presence rose up and possessed my imaginary court room, obliterating the figures of the judge and the lawyers, until it seemed that she and I and the prisoner were the only persons in the room, and that the one person she was fighting in all the city was myself.
The next morning when I came in to breakfast father laid his hand on my cheek, which felt very burning, and said, "You are not fit to answer one question." My throat was dry, and it was hard work to swallow things, but he stood over me and made me eat a good breakfast. After that he had me go over the story of what I had seen on the morning I had been coming home with my basket of mushrooms. When that was done, "Now remember," he said, "all you will have to do will be to tell that same story, and to answer to the best of your recollection all questions put to you. If you are careful to do that they can"t confuse you." Abby had fetched my turban, with a dark veil, which I had to put over my face before I went into the street. There a carriage was waiting.
As we drove it seemed to me there were more people in the street than usual; and when we reached the jail there was a dense crowd in front of it, and policemen were striking with their clubs to make a pa.s.sage through. But our carriage drove, as Mr. Dingley"s had done before, around the building and through the little alley to the back entrance.
Even here some people were gathered; and as I stepped to the pavement a woman called out in a shrill voice, "Ain"t that Carlotta Valencia?"
Father seized me, and almost lifted me up the steps and into the high, coldly lit hall.
To-day, however, it was not empty. A continuous stream of men, some of them escorting ladies, were hurrying in the front door, and across the echoing flags, and up the stairs. Following them, we were upon the first balcony and in front of the door which was kept a-swing by the people going in. Father stopped and said something to a policeman who seemed to be on guard in the hall. He pointed at a door next to the one which was so constantly opening and shutting.
"This way," father said, and I found myself, much to my surprise, not in a crowded court room, but in a small box of a place, hardly large enough to hold the six chairs that furnished it, and with only one other person in it besides ourselves. "This is the witness room,"
father explained. "We await our summons here."
I took one of the six chairs. The room was a dreary little place, with a high, dingy ceiling, one small window, placed far up the wall, and a small air-tight stove with no fire in it. I looked at the one other occupant with a greater interest, now that I knew that he must be a witness. He was a dark, slick, Mexican-looking man, who dangled his hat nervously from his fingers, and kept glancing at the door.
Presently it opened, a policeman put his head in And said, "Witness Manuel Gora." The Mexican jumped and shuffled hastily out. Father took the _Alta California_ from his coat pocket, and I sat trying to make out the pattern in the old carpet at my feet.
I had distinguished a dead-looking rose and some faded out sunflowers when I heard the click of the door, and a waft of perfume touched the stale air, and made it like a garden. I looked up. There she stood in the doorway, the Spanish Woman.
She was all in black, her face wax-white, a little black hat on her wonderful golden-red hair, and in her breast a tuberose. It was the intoxicating sweetness of that which had breathed upon me first, and now kept on breathing upon me, while she watched me through her eyelashes. From sheer fright I kept looking at her--I couldn"t help it--until I felt father"s hand touch mine. That seemed to break the spell. I looked down at the carpet again and felt the color rushing to my face. I heard the rustle of her dress, a soft, silky, indefinite sound. She had come forward into the room, had taken one of the chairs, I knew--I heard the subsiding of her draperies--and then I felt her watching me. Her presence was like a great light in a closet. It was oppressive. I began to breathe quickly, and the odor of her flower was making my head ache.
I heard the crackle of father"s paper as he rolled it; then his voice, low and speaking close to me, "Mr. Dingley said you were to be called after Gora. We would better go into the court now, so as not to be hurried."
Somehow I had a fancy he would not have suggested our going into court so soon if the Spanish Woman had not come into the witness room. I followed him down the hall, not daring to turn my head, though I thought I heard the door open again after we had closed it, and then the rustle of her dress; but it did not seem to be following us, but to grow fainter, as if she had turned in another direction.
We joined the crowd of people hastening toward the swinging door. As we came up to it I heard from within a high-lifted resonant voice that I thought I recognized as Mr. Dingley"s speaking with pauses and rising inflections, as if addressing an audience. It ceased just as we entered the court.
The room was large, though not nearly so large as I had imagined, and quite cheerful in color. I had an impression of yellowish pine walls and plenty of light, a continuous though not loud murmur of voices and the incessant flutter of the movement of a crowd. There were no serried ranks of judges and barristers in black gowns, indeed at first sight my confused eyes saw nothing but the crowd. And such a well-dressed, holiday-looking gathering! I saw girls whom I knew, their gowns making bright spots of color among the men"s dark coats.
It looked more like an afternoon concert than a trial. Every place seemed to be taken, and men and women, standing up, lined the walls.
But a police officer said seats had been reserved for us, and led us to two on the side aisle near the front, and quite under the shadow of the balcony. Once I had sat down among the crowd I ceased to notice it, and began to take in what was directly before me.
At that end of the room which we were facing was a platform, railed off, and on it a great high desk, at which a rather undersized man sat, leaning his head on a beautiful white plump hand, and looking up at the ceiling as if he were thinking. His face was round, fair and unlined, and had it not been for his mop of grizzled hair I would have thought him quite young.
"That is Judge Kelland, who tries the case," father whispered.
I felt a wonder that he should seem so uninterested in what was going on. In front of his desk, but below the platform, a man was writing at a little table covered with papers; and in front of this again was another table, larger and quite long, at which a number of men were sitting. Nearest us Mr. Dingley sat with another gentleman, small, slim and very calm looking. They had their heads together, evidently talking; and next to them was a young man who seemed to be making jottings in a note-book. Beyond him I could make out no more than vague heads and elbows, on account of the movement of the crowd. To the right of this long table and on a line with our places was something I recognized as the jury box, the heads of some of the men in it showing quaintly over the high side.
From one thing to another my eyes traveled hastily, taking them in unconsciously, for the one figure I was looking for--that I had expected to see before all others, standing up in the prisoner"s dock, the centering point for all eyes--I could not find. The only thing that might have been a prisoner"s dock, a small railed inclosure on the right hand of the judge"s desk, was empty. But presently there was a shift in the restless gathering, some people, who had been standing up, sat down; and I saw a little more of the long table, first a s.p.a.ce, where no one was sitting, and then the broad back of a man, who had shifted in his chair as if to face the person next to him. In a moment he had turned back again, and leaned forward, and there, in the little s.p.a.ce through the crowd,--a profile like a picture in a frame,--I saw Johnny Montgomery"s face.
The start it gave me may have been pure astonishment, I saw it so suddenly and it looked so different. All the dishevelment, the defiance and anger were gone. His black hair was brushed down, smooth and burnished as a crow"s breast. The stock and the great black satin bow beneath his chin were as immaculate and as perfectly arranged as father"s, and his face itself was calm, almost sweet in expression.