“You can talk all you want,” suggested Jephson, genially, “so long as you don’t say anything. And the stiff upper lip, you know. And the smile that won’t come off, see? Not failing to go over that list, are you?” (He had provided Clyde with a long list of possible questions which no doubt would be asked him on the stand and which he was to answer according to answers typewritten beneath them, or to suggest something better. They all related to the trip to Big Bittern, his reason for the extra hat, his change of heart—why, when, where.) “That’s your litany, you know.” And then he might light a cigarette without ever offering one to Clyde, since for the sake of a reputation for sobriety he was not to smoke here.
And for a time, after each visit, Clyde finding himself believing that he could and would do exactly as Jephson had said—walk briskly and smartly into court—bear up against every one, every eye, even that of Mason himself—forget that he was afraid of him, even when on the witness stand—forget all the terror of those many facts in Mason’s possession, which he was to explain with this list of answers—forget Roberta and her last cry, and all the heartache and misery that went with the loss of Sondra and her bright world.
Yet, with the night having once more fallen, or the day dragging on with only the lean and bearded Kraut or the sly and evasive Sissel, or both, hanging about, or coming to the door to say, “Howdy!” or to discuss something that had occurred in town, or to play chess, or checkers. Clyde growing more and more moody and deciding, maybe, that there was no real hope for him after all. For how alone he was, except for his attorneys and mother and brother and sisters! Never a word from Sondra, of course. For along with her recovery to some extent from her original shock and horror, she was now thinking somewhat differently of him—that after all it was for love of her, perhaps, that he had slain Roberta and made himself the pariah and victim that he now was. Yet, because of the immense prejudice and horror expressed by the world, she was by no means able to think of venturing to send him a word. Was he not a murderer? And in addition, that miserable western family of his, pictured as street preachers, and he, too,—or as a singing and praying boy from a mission! Yet occasionally returning in thought, and this quite in spite of herself, to his eager, unreasoning and seemingly consuming enthusiasm for her. (How deeply he must have cared to venture upon so deadly a deed!) And hence wondering whether at some time, once this case was less violently before the public eye, it might not be possible to communicate with him in some guarded and unsigned way, just to let him know, perhaps, that because of his great love for her she desired him to know that he was not entirely forgotten. Yet as instantly deciding, no, no—her parents—if they should learn—or guess—or the public, or her one-time associates. Not now, oh, not now at least. Maybe later if he were set free—or—or—convicted—she couldn’t tell. Yet suffering heartaches for the most part—as much a she detested and abhorred the horrible crime by which he had sought to win her.
And in the interim, Clyde in his cell, walking to and fro, or looking out on the dull square through the heavily barred windows, or reading and re-reading the newspapers, or nervously turning the pages of magazines or books furnished by his counsel, or playing chess or checkers, or eating his meals, which, by special arrangement on the part of Belknap and Jephson (made at the request of his uncle), consisted of better dishes than were usually furnished to the ordinary prisoner.
Yet with the iterated and reiterated thought, based on the seemingly irreparable and irreconcilable loss of Sondra, as to whether it was possible for him to go on with this—make this, as he at times saw it, almost useless fight.
At times, in the middle of the night or just before dawn, with all the prison silent—dreams—a ghastly picture of all that he most feared and that dispelled every trace of courage and drove him instantly to his feet, his heart pounding wildly, his eyes strained, a cold damp upon his face and hands. That chair, somewhere in the State penitentiary. He had read of it—how men died in it. And then he would walk up and down, thinking how, how, in case it did not come about as Jephson felt so sure that it would—in case he was convicted and a new trial refused—then, well—then, might one be able to break out of such a jail as this, maybe, and run away? These old brick walls. How thick were they? But was it possible that with a hammer or a stone, or something that some one might bring him—his brother Frank, or his sister Julia, or Ratterer, or Hegglund—if only he could get in communication with some one of them and get him or her to bring him something of the kind——If only he could get a saw, to saw those bars! And then run, run, as he should have in those woods up there that time! But how? And whither?
Chapter 19
OCTOBER 15—with gray clouds and a sharp, almost January wind that herded the fallen leaves into piles and then scurried them in crisp and windy gusts like flying birds here and there. And, in spite of the sense of struggle and tragedy in the minds of many, with an electric chair as the shadowy mental background to it all, a sense of holiday or festival, with hundreds of farmers, woodsmen, traders, entering in Fords and Buicks—farmer wives and husbands—daughters and sons—even infants in arms. And then idling about the public square long before the time for court to convene, or, as the hour neared, congregating before the county jail in the hope of obtaining a glimpse of Clyde, or before the courthouse door nearest the jail, which was to be the one entrance to the courtroom for the public and Clyde, and from which position they could see and assure entrance into the courtroom itself when the time came. And a flock of pigeons parading rather dismally along the cornices and gutters of the upper floor and roof of the ancient court.
And with Mason and his staff—Burton Burleigh, Earl Newcomb, Zillah Saunders, and a young Bridgeburg law graduate by the name of Manigault—helping to arrange the order of evidence as well as direct or instruct the various witnesses and venire-men who were already collecting in the ante-chamber of the now almost nationally known attorney for the people. And with cries outside of: “Peanuts!” “Popcorn!” “Hot dogs!” “Get the story of Clyde Griffiths, with all the letters of Roberta Alden. Only twenty-five cents!” (This being a set of duplicate copies of Roberta’s letters which had been stolen from Mason’s office by an intimate of Burton Burleigh’s and by him sold to a penny-dreadful publisher of Binghamton, who immediately issued them in pamphlet form together with an outline of “the great plot” and Roberta’s and Clyde’s pictures.)
And in the meantime, over in the reception or conference room of the jail, Alvin Belknap and Reuben Jephson, side by side with Clyde, neatly arrayed in the very suit he had sought to sink forever in the waters of Lower Twelfth Lake. And with a new tie and shirt and shoes added in order to present him in his Lycurgus best. Jephson, long and lean and shabbily dressed as usual, but with all of that iron and power that so impressed Clyde in every line of his figure and every movement or gesture of his body. Belknap—looking like an Albany beau—the one on whom was to fall the burden of the opening presentation of the case as well as the cross-examining, now saying: “Now you’re not going to get frightened or show any evidence of nervousness at anything that may be said or done at any time, are you, Clyde? We’re to be with you, you know, all through the trial. You sit right between us. And you’re going to smile and look unconcerned or interested, just as you wish, but never fearful—but not too bold or gay, you know, so that they’d feel that you’re not taking this thing seriously. You understand—just a pleasant, gentlemanly, and sympathetic manner all the time. And not frightened. For that will be certain to do us and you great harm. Since you’re innocent, you have no real reason to be frightened—although you’re sorry, of course. You understand all that, I know, by now.”
“Yes, sir, I understand,” replied Clyde. “I will do just as you say. Besides, I never struck her intentionally, and that’s the truth. So why should I be afraid?” And here he looked at Jephson, on whom, for psychic reasons, he depended most. In fact the words he had just spoken were the very words which Jephson had so drilled into him durin
g the two months just past. And catching the look, Jephson now drew closer and fixing Clyde with his gimlet and yet encouraging and sustaining blue eyes, began:
“You’re not guilty! You’re not guilty, Clyde, see? You understand that fully by now, and you must always believe and remember that, because it’s true. You didn’t intend to strike her, do you hear? You swear to that. You have sworn it to me and Belknap here, and we believe you. Now, it doesn’t make the least bit of difference that because of the circumstances surrounding all this we are not going to be able to make the average jury see this or believe it just as you tell it. That’s neither here nor there. I’ve told you that before. You know what the truth is—and so do we. But, in order to get justice for you, we’ve had to get up something else—a dummy or substitute for the real fact, which is that you didn’t strike her intentionally, but which we cannot hope to make them see without disguising it in some way. You get that, don’t you?”
“Yes, sir,” replied Clyde, always over-awed and intrigued by this man.
“And for that reason, as I’ve so often told you, we’ve invented this other story about a change of heart. It’s not quite true as to time, but it is true that you did experience a change of heart there in the boat. And that’s our justification. But they’d never believe that under all of the peculiar circumstances, so we’re merely going to move that change of heart up a little, see? Make it before you ever went into that boat at all. And while we know it isn’t true that way, still neither is the charge that you intentionally struck her true, and they’re not going to electrocute you for something that isn’t true—not with my consent, at least.” He looked into Clyde’s eyes for a moment more, and then added: “It’s this way, Clyde. It’s like having to pay for potatoes, or for suits of clothes, with corn or beans instead of money, when you have money to pay with but when, because of the crazy notions on the part of some one, they won’t believe that the money you have is genuine. So you’ve got to use the potatoes or beans. And beans is what we’re going to give ’em. But the justification is that you’re not guilty. You’re not guilty. You’ve sworn to me that you didn’t intend to strike her there at the last, whatever you might have been provoked to do at first. And that’s enough for me. You’re not guilty.”
And here, firmly and convincingly, which was the illusion in regard to his own attitude which he was determined to convey to Clyde, he laid hold of his coat lapels, and after looking fixedly into his somewhat strained and now nervous brown eyes, added: “And now, whenever you get to feeling weak or nervous, or if, when you go on the stand, you think Mason is getting the best of you, I want you to remember this—just say to yourself—‘I’m not guilty! I’m not guilty! And they can’t fairly convict me unless I really am.’ And if that don’t pull you together, look at me. I’ll be right there. All you have to do, if you feel yourself rattled, is to look at me—right into my eyes, just as I’m looking at you now—and then you’ll know that I’m wanting you to brace up and do what I’m telling you to do now—swear to the things that we are asking you to swear to, however they may look like lies, and however you may feel about them. I’m not going to have you convicted for something you didn’t do, just because you can’t be allowed to swear to what is the truth—not if I can help it. And now that’s all.”
And here he slapped him genially and heartily on the back, while Clyde, strangely heartened, felt, for the time being at least, that certainly he could do as he was told, and would.
And then Jephson, taking out his watch and looking first at Belknap, then out of the nearest window through which were to be seen the already assembled crowds—one about the courthouse steps; a second including newspapermen and women, newspaper photographers and artists, gathered closely before the jail walk, and eagerly waiting to “snap” Clyde or any one connected with this case—went calmly on with:
“Well, it’s about time, I guess. Looks as though all Cataraqui would like to get inside. We’re going to have quite an audience.” And turning to Clyde once more, he added: “Now, you don’t want to let those people disturb you, Clyde. They’re nothing but a lot of country people come to town to see a show.”
And then the two of them, Belknap and Jephson, going out. And Kraut and Sissel coming in to take personal charge of Clyde, while the two lawyers, passing amid whispers, crossed over to the court building in the square of brown grass beyond.
And after them, and in less than five minutes, and preceded by Slack and Sissel and followed by Kraut and Swenk—yet protected on either side by two extra deputies in case there should be an outbreak or demonstration of any kind—Clyde himself, attempting to look as jaunty and nonchalant as possible, yet because of the many rough and strange faces about him—men in heavy racoon coats and caps, and with thick whiskers, or in worn and faded and nondescript clothes such as characterized many of the farmers of this region, accompanied by their wives and children, and all staring so strangely and curiously—he felt not a little nervous, as though at any moment there might be a revolver shot, or some one might leap at him with a knife—the deputies with their hands on their guns lending not a little to the reality of his mood. Yet only cries of: “Here he comes! Here he comes!” “There he is!” “Would you believe that he could do a thing like that?”
And then the cameras, clicking and whirring and his two protectors shouldering closer and closer to him while he shrank down within himself mentally.
And then a flight of five brown stone steps leading up to an old courthouse door. And beyond that, an inner flight of steps to a large, long, brown, high-ceilinged chamber, in which, to the right and left, and in the rear facing east, were tall, thin, round-topped windows, fitted with thin panes, admitting a flood of light. And at the west end, a raised platform, with a highly ornamental, dark brown carved bench upon it. And behind it, a portrait—and on either side, north and south, and at the rear, benches and benches in rows—each tier higher than the other, and all crowded with people, the space behind them packed with standing bodies, and all apparently, as he entered, leaning and craning and examining him with sharp keen eyes, while there went about a conversational buzz or brrh. He could hear a general ssss—pppp—as he approached and passed through a gate to an open space beyond it, wherein, as he could see, were Belknap and Jephson at a table, and between them a vacant chair for him. And he could see and feel the eyes and faces on which he was not quite willing to look.
But directly before him, at another table in the same square, but more directly below the raised platform at the west end, as he could see now, were Mason and several men whom he seemed to recollect—Earl Newcomb and Burton Burleigh and yet another man whom he had never seen before, all four turning and gazing at him as he came.
And about this inner group, an outer circle of men and women writers and sketch artists.
And then, after a time, recalling Belknap’s advice, he managed to straighten up and with an air of studied ease and courage—which was belied to a certain extent by his strained, pale face and somewhat hazy stare—look at the writers and artists who were either studying or sketching him, and even to whisper: “Quite a full house, eh?” But just then, and before he could say anything more, a resounding whack, whack, from somewhere. And then a voice: “Order in the Court! His Honor, the Court! Everybody please rise!” And as suddenly the whispering and stirring audience growing completely silent. And then, through a door to the south of the dais, a large urbane and florid and smooth-faced man, who in an ample black gown, walked swiftly to the large chair immediately behind the desk, and after looking steadily upon all before him, but without appearing to see any one of them seated himself. Whereupon every one assembled in the courtroom sat down.
And then to the left, yet below the judge, at a smaller desk, a smaller and older individual standing and calling, “Oyez! Oyez! All persons having business before the honorable, the Supreme Court of the State of New York, County of Cataraqui, draw near and give attention. This court is now in session!”
And after that this same individual again rising and beginning: “The State of New York against Clyde Griffiths.” Then Mason, rising and standing before his table, at once announced: “The People are ready.” Whereupon Belknap arose, and in a courtly and affable manner, stated: “The defendant is ready.”
Then the same clerk reached into a square box that was before him, and drawing forth a piece of paper, called “Simeon Dinsmore,” whereupon a little, hunched and brown-suited man, with claw-like hands, and a ferret-like face, immediately scuttled to the jury box and was seated. And once there he was approached by Mason, who, in a brisk manner—his flat-nosed face looking most aggressive and his strong voice reaching to the uttermost corners of the court, began to inquire as to his age, his business, whether he was single or married, how many children he had, whether he believed or did not believe in capital punishment. The latter question as Clyde at once noted seemed to stir in him something akin to resentment or suppressed emotion of some kind, for at once and with emphasis, he answered: “I most certainly do—for some people”—a reply which caused Mason to smile slightly and Jephson to turn and look toward Belknap, who mumbled sarcastically: “And they talk about the possibility of a fair trial here.” But at the same time Mason feeling that this very honest, if all too convinced farmer, was a little too emphatic in his beliefs, saying: “With the consent of the Court, the People will excuse the talesman.” And Belknap, after an inquiring glance from the Judge, nodding his agreement, at which the prospective juror was excused.
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