Then followed the usual bad-character witnesses--both friends of Halliday, I could see; two this time--one charging Bud with all the crimes in the decalogue, and the other, under the lead of the prosecutor, launching forth into an account of a turkey-shoot in which Bud had wrongfully claimed the turkey--an account which was at last cut short by the Judge in the midst of its most interesting part, as having no particular bearing on the case.
Up to this time no one had appeared for the accused, nor had any objection been made to any part of the testimony except by the Judge.
Neither had any one of the prosecutor"s witnesses been asked a single question in reb.u.t.tal.
With the resting of the Government"s case a dead silence fell upon the room.
The Judge waited a few moments, the tap of his lead-pencil sounding through the stillness, and then asked if the attorney for the defence was ready.
No one answered. Again the Judge put the question, this time with some impatience.
Then he addressed the prisoner.
"Is your lawyer present?"
Bud bent forward in his chair, put his hands on his knees, and answered slowly, without a tremor in his voice:
"I ain"t got none. One come yisterday to the jail, but he didn"t like what I tol" him and he ain"t showed up since."
A spectator sitting by the door, between an old man and a young girl, both evidently from the mountains, rose to his feet and walked briskly to the open s.p.a.ce before the Judge. He had sharp, restless eyes, wore gloves, and carried a silk hat in one hand.
"In the absence of the prisoner"s counsel, your Honor," he said, "I am willing to go on with this case. I was here when it opened and have heard all the testimony. I have also conferred with some of the witnesses for the defence."
"Did I not appoint counsel in this case yesterday?" said the Judge, turning to the clerk.
There was a hurried conference between the two, the Judge listening wearily, cupping his ear with his hand and the clerk rising on his toes so that he could reach his Honor"s hearing the easier.
"It seems," said the Judge, resuming his position, and addressing the room at large, "that the counsel already appointed has been called out of town on urgent business. If the prisoner has no objection, and if you, sir--" looking straight at the would-be attorney--"have heard all the testimony so far offered, the Court sees no objection to your acting in his place."
The deputy on the right side of the prisoner leaned over, whispered something to Tilden, who stared at the Judge and shook his head. It was evident that Bud had no objection to this nor to anything else, for that matter. Of all the men in the room he seemed the least interested.
I turned in my seat and touched the arm of my neighbor.
"Who is that man who wants to go on with the case?"
"Oh, that"s Bill Cartwright, one of the cheap, shyster lawyers always hanging around here looking for a job. His boast is he never lost a suit. Guess the other fellow skipped because he thought he had a better scoop somewhere else. These poor devils from the mountains never have any money to pay a lawyer. Court appoints "em."
With the appointment of the prisoner"s attorney the crowd in the court-room craned their necks in closer attention, one man standing on his chair for a better view until a deputy ordered him down. They knew what the charge was. It was the defence they all wanted to hear. That had been the topic of conversation around the tavern stoves of Bug Hollow for months past.
Cartwright began by asking that the mail-carrier be recalled. The little man again took the stand.
The methods of these police-court lawyers always interest me. They are gamblers in evidence, most of them. They take their chances as the cases go on; some of them know the jury--one or two is enough; some are learned in the law--more learned, often, than the prosecutor, who is a Government appointee with political backers, and now and then one of them knows the Judge, who is also a political appointee and occasionally has his party to care for. All are valuable in an election, and a few of them are honest. This one, my neighbor told me, had held office as a police justice and was a leader in his district.
Cartwright drew his gloves carefully from his hands, laid his silk hat on a chair, dropped into it a package of legal papers tied with a red string, and, adjusting his gla.s.ses, fixed his eyes on the mail-carrier.
The expression on his face was bland and seductive.
"At what hour do you say the attempted robbery took place, Mr.
Bowditch?"
"About eleven o"clock."
"Did you have a watch?"
"No."
"How do you know, then?" The question was asked in a mild way as if he intended to help the carrier"s memory.
"I don"t know exactly; it may have been half-past ten or eleven."
"You, of course, saw the man"s face?"
"No."
"Then you heard him speak?" Same tone as if trying his best to encourage the witness in his statements.
"No." This was said with some positiveness. The mail-carrier evidently intended to tell the truth.
Cartwright turned quickly with a snarl like that of a dog suddenly goaded into a fight.
"How can you swear, then, that the prisoner made the a.s.sault?"
The little man changed color and stammered out in excuse:
"He was as big as him, anyway, and there ain"t no other like him nowhere in them parts."
"Oh, he was as _big_ as him, was he?" This retort came with undisguised contempt. "And there are no others like him, eh? Do you know _everybody_ in Bell County, Mr. Bowditch?"
The mail-carrier did not answer.
Cartwright waited until the discomfiture of the witness could be felt by the jury, dismissed him with a wave of his hand, and, looking over the room, beckoned to an old man seated by a girl--the same couple he had been talking to before his appointment by the Court--and said in a loud voice:
"Will Mr. Perkins Tilden take-the stand?"
At the mention of his father"s name, Bud, who had maintained throughout his indifferent att.i.tude, straightened himself erect in his chair with so quick a movement that the deputy edged a foot nearer and instinctively slid his hand to his hip-pocket.
A lean, cadaverous, painfully thin old man in answer to his name rose to his feet and edged his way through the crowd to the witness-chair. He was an inch taller than his son, though only half his weight, and was dressed in a suit of cheap cloth of the fashion of long ago, the coat too small for him, even for his shrunken shoulders, and the sleeves reaching only to his wrists. As he took his seat, drawing in his long legs toward his chair, his knee-bones, under the strain, seemed to be on the point of coming through his trousers. His shoulders were bowed, the incurve of his thin stomach following the line of his back. As he settled back in his chair he pa.s.sed his hand nervously over his mouth, as if his lips were dry.
Cartwright"s manner to this witness was the manner of a lackey who hangs on every syllable that falls from his master"s lips.
"At what time, Mr. Tilden, did your son Bud reach your house on the night of the robbery?"
The old man cleared his throat and said, as if weighing each word:
"At ten minutes past ten o"clock."
"How do you fix the time?"
"I had just wound the clock when Bud come in."
"How, Mr. Tilden, how far is it to the cross-roads where the mail-carrier says he was robbed?"