“It’s all off,” he whispered to Jephson. “Against us. I can tell.” And then Lund announcing: “We have. We find the defendant guilty of murder in the first degree.” And Clyde, entirely dazed and yet trying to keep his poise and remain serene, gazing straight before him toward the jury and beyond, and with scarcely a blink of the eye. For had he not, in his cell the night before, been told by Jephson, who had found him deeply depressed, that the verdict in this trial, assuming that it proved to be unfavorable, was of no consequence. The trial from start to finish had been unfair. Prejudice and bias had governed its every step. Such bullying and browbeating and innuendo as Mason had indulged in before the jury would never pass as fair or adequate in any higher court. And a new trial—on appeal—would certainly be granted—although by whom such an appeal was to be conducted he was not now prepared to discuss.
And now, recalling that, Clyde saying to himself that it did not so much matter perhaps, after all. It could not, really—or could it? Yet think what these words meant in case he could not get a new trial! Death! That is what it would mean if this were final—and perhaps it was final. And then to sit in that chair he had seen in his mind’s eye for so long—these many days and nights when he could not force his mind to drive it away. Here it was again before him—that dreadful, ghastly chair—only closer and larger than ever before—there in the very center of the space between himself and Justice Oberwaltzer. He could see it plainly now—squarish, heavy-armed, heavy-backed, some straps at the top and sides. God! Supposing no one would help him now! Even the Griffiths might not be willing to pay out any more money! Think of that! The Court of Appeals to which Jephson and Belknap had referred might not be willing to help him either. And then these words would be final. They would! They would! God! His jaws moved slightly, then set—because at the moment he became conscious that they were moving. Besides, at that moment Belknap was rising and asking for an individual poll of the jury, while Jephson leaned over and whispered: “Don’t worry about it. It isn’t final. We’ll get a reversal as sure as anything.” Yet as each of the jurors was saying: “Yes”—Clyde was listening to them, not to Jephson. Why should each one say that with so much emphasis? Was there not one who felt that he might not have done as Mason had said—struck her intentionally? Was there not one who even half-believed in that change of heart which Belknap and Jephson had insisted that he had experienced? He looked at them all—little and big. They were like a blackish-brown group of wooden toys with creamish-brown or old ivory faces and hands. Then he thought of his mother. She would hear of this now, for here were all these newspaper writers and artists and photographers assembled to hear this. And what would the Griffiths—his uncle and Gilbert—think now? And Sondra! Sondra! Not a word from her. And through all this he had been openly testifying, as Belknap and Jephson had agreed that he must do—to the compelling and directing power of his passion for her—the real reason for all this! But not a word. And she would not send him any word now, of course—she who had been going to marry him and give him everything!
But in the meantime the crowd about him silent although—or perhaps because—intensely satisfied. The little devil hadn’t “gotten by.” He hadn’t fooled the twelve sane men of this county with all that bunk about a change of heart. What rot! While Jephson sat and stared, and Belknap, his strong face written all over with contempt and defiance, making his motions. And Mason and Burleigh and Newcomb and Redmond thinly repressing their intense satisfaction behind masks preternaturally severe, the while Belknap continued with a request that the sentence be put off until the following Friday—a week hence, when he could more conveniently attend, but with Justice Oberwaltzer replying that he thought not—unless some good reason could be shown. But on the morrow, if counsel desired, he would listen to an argument. If it were satisfactory he would delay sentence—otherwise, pronounce it the following Monday.
Yet, even so, Clyde was not concerned with this argument at the moment. He was thinking of his mother and what she would think—feel. He had been writing her so regularly, insisting always that he was innocent and that she must not believe all, or even a part, of what she read in the newspapers. He was going to be acquitted sure. He was going to go on the stand and testify for himself. But now . . . now . . . oh, he needed her now—so much. Quite every one, as it seemed now, had forsaken him. He was terribly, terribly alone. And he must send her some word quickly. He must. He must. And then asking Jephson for a piece of paper and a pencil, he wrote: “Mrs. Asa Griffiths, care of Star of Hope Mission, Denver, Colorado. Dear mother—I am convicted—Clyde.” And then handing that to Jephson, he asked him, nervously and weakly, if he would see that it was sent right away. “Right away, son, sure,” replied Jephson, touched by his looks, and waving to a press boy who was near gave it to him together with the money.
And then, while this was going on, all the public exits being locked until Clyde, accompanied by Sissel and Kraut, had been ushered through the familiar side entrance through which he had hoped to escape. And while all the press and the public and the still-remaining jury gazing, for even yet they had not seen enough of Clyde but must stare into his face to see how he was taking it. And because of the local feeling against him, Justice Oberwaltzer, at Slack’s request, holding court un-adjourned until word was brought that Clyde was once more locked in his cell, whereupon the doors were re-opened. And then the crowd surging out but only to wait at the courtroom door in order to glimpse, as he passed out, Mason, who now, of all the figures in this case, was the true hero—the nemesis of Clyde—the avenger of Roberta. But he not appearing at first but instead Jephson and Belknap together, and not so much depressed as solemn, defiant—Jephson, in particular, looking unconquerably contemptuous. Then some one calling: “Well, you didn’t get him off just the same,” and Jephson replying, with a shrug of his shoulders, “Not yet, but this county isn’t all of the law either.” Then Mason, immediately afterward—a heavy, baggy overcoat thrown over his shoulder, his worn soft hat pulled low over his eyes—and followed by Burleigh, Heit, Newcomb and others as a royal train—while he walked in the manner of one entirely oblivious of the meaning or compliment of this waiting throng. For was he not now a victor and an elected judge! And as instantly being set upon by a circling, huzzahing mass—the while a score of those nearest sought to seize him by the hand or place a grateful pat upon his arm or shoulder. “Hurray for Orville!” “Good for you, Judge!” (his new or fast-approaching title). “By God! Orville Mason, you deserve the thanks of this county!” “Hy-oh! Heigh! Heigh!” “Three cheers for Orville Mason!” And with that the crowd bursting into three resounding huzzahs—which Clyde in his cell could clearly hear and at the same time sense the meaning of.
They were cheering Mason for convicting him. In that large crowd out there there was not one who did not believe him totally and completely guilty. Roberta—her letters—her determination to make him marry her—her giant fear of exposure—had dragged him down to this. To conviction. To death, maybe. Away from all he had longed for—away from all he had dreamed he might possess. And Sondra! Sondra! Not a word! Not a word! And so now, fearing that Kraut or Sissel or some one might be watching (ready to report even now his every gesture), and not willing to show after all how totally collapsed and despondent he really was, he sat down and taking up a magazine pretended to read, the while he looked far, far beyond it to other scenes—his mother—his brother and sisters—the Griffiths—all he had known. But finding these unsubstantiated mind visions a little too much, he finally got up and throwing off his clothes climbed into his iron cot.
“Convicted! Convicted!” And that meant that he must die! God! But how blessed to be able to conceal his face upon a pillow and not let any one see—however accurately they might guess!
Chapter 27
THE dreary aftermath of a great contest and a great failure, with the general public from coast to coast—in view of this stern local interpretation of the tragedy—firmly convinced that Clyde was guilt
y and, as heralded by the newspapers everywhere, that he had been properly convicted. The pathos of that poor little murdered country girl! Her sad letters! How she must have suffered! That weak defense! Even the Griffiths of Denver were so shaken by the evidence as the trial had progressed that they scarcely dared read the papers openly—one to the other—but, for the most part, read of it separately and alone, whispering together afterwards of the damning, awful deluge of circumstantial evidence. Yet, after reading Belknap’s speech and Clyde’s own testimony, this little family group that had struggled along together for so long coming to believe in their own son and brother in spite of all they had previously read against him. And because of this—during the trial as well as afterwards—writing him cheerful and hopeful letters, based frequently on letters from him in which he insisted over and over again that he was not guilty. Yet once convicted, and out of the depths of his despair wiring his mother as he did—and the papers confirming it—absolute consternation in the Griffiths family. For was not this proof? Or, was it? All the papers seemed to think so. And they rushed reporters to Mrs. Griffiths, who, together with her little brood, had sought refuge from the unbearable publicity in a remote part of Denver entirely removed from the mission world. A venal moving-van company had revealed her address.
And now this American witness to the rule of God upon earth, sitting in a chair in her shabby, nondescript apartment, hard-pressed for the very means to sustain herself—degraded by the milling forces of life and the fell and brutal blows of chance—yet serene in her trust—and declaring: “I cannot think this morning. I seem numb and things look strange to me. My boy found guilty of murder! But I am his mother and I am not convinced of his guilt by any means! He has written me that he is not guilty and I believe him. And to whom should he turn with the truth and for trust if not to me? But there is He who sees all things and who knows.”
At the same time there was so much in the long stream of evidence, as well as Clyde’s first folly in Kansas City, that had caused her to wonder—and fear. Why was he unable to explain that folder? Why couldn’t he have gone to the girl’s aid when he could swim so well? And why did he proceed so swiftly to the mysterious Miss X—whoever she was? Oh, surely, surely, surely, she was not going to be compelled, in spite of all her faith, to believe that her eldest—the most ambitious and hopeful, if restless, of all of her children, was guilty of such a crime! No! She could not doubt him—even now. Under the merciful direction of a living God, was it not evil in a mother to believe evil of a child, however dread his erring ways might seem? In the silence of the different rooms of the mission, before she had been compelled to remove from there because of curious and troublesome visitors, had she not stood many times in the center of one of those miserable rooms while sweeping and dusting, free from the eye of any observer—her head thrown back, her eyes closed, her strong, brown face molded in homely and yet convinced and earnest lines—a figure out of the early Biblical days of her six-thousand-year-old world—and earnestly directing her thoughts to that imaginary throne which she saw as occupied by the living, giant mind and body of the living God—her Creator. And praying by the quarter and the half hour that she be given strength and understanding and guidance to know of her son’s innocence or guilt—and if innocent that this searing burden of suffering be lifted from him and her and all those dear to him and her—or if guilty, she be shown how to do—how to endure the while he be shown how to wash from his immortal soul forever the horror of the thing he had done—make himself once more, if possible, white before the Lord.
“Thou art mighty, O God, and there is none beside Thee. Behold, to Thee all things are possible. In Thy favor is Life. Have mercy, O God. Though his sins be as scarlet, make him white as snow. Though they be red like crimson, make them as wool.”
Yet in her then—and as she prayed—was the wisdom of Eve in regard to the daughters of Eve. That girl whom Clyde was alleged to have slain—what about her? Had she not sinned too? And was she not older than Clyde? The papers said so. Examining the letters, line by line, she was moved by their pathos and was intensely and pathetically grieved for the misery that had befallen the Aldens. Nevertheless, as a mother and woman full of the wisdom of ancient Eve, she saw how Roberta herself must have consented—how the lure of her must have aided in the weakening and the betrayal of her son. A strong, good girl would not have consented—could not have. How many confessions about this same thing had she not heard in the mission and at street meetings? And might it not be said in Clyde’s favor—as in the very beginning of life in the Garden of Eden—“the woman tempted me”?
Truly—and because of that——
“His mercy endureth forever,” she quoted. And if His mercy endureth—must that of Clyde’s mother be less?
“If ye have faith, so much as the grain of a mustard seed,” she quoted to herself—and now, in the face of these importuning reporters added: “Did my son kill her? That is the question. Nothing else matters in the eyes of our Maker,” and she looked at the sophisticated, callous youths with the look of one who was sure that her God would make them understand. And even so they were impressed by her profound sincerity and faith. “Whether or not the jury has found him guilty or innocent is neither here nor there in the eyes of Him who holds the stars in the hollow of His hand. The jury’s finding is of men. It is of the earth’s earthy. I have read his lawyer’s plea. My son himself has told me in his letters that he is not guilty. I believe my son. I am convinced that he is innocent.”
And Asa in another corner of the room, saying little. Because of his lack of comprehension of the actualities as well as his lack of experience of the stern and motivating forces of passion, he was unable to grasp even a tithe of the meaning of this. He had never understood Clyde or his lacks or his feverish imaginings, so he said, and preferred not to discuss him.
“But,” continued Mrs. Griffiths, “at no time have I shielded Clyde in his sin against Roberta Alden. He did wrong, but she did wrong too in not resisting him. There can be no compromising with sin in any one. And though my heart goes out in sympathy and love to the bleeding heart of her dear mother and father who have suffered so, still we must not fail to see that this sin was mutual and that the world should know and judge accordingly. Not that I want to shield him,” she repeated. “He should have remembered the teachings of his youth.” And here her lips compressed in a sad and somewhat critical misery. “But I have read her letters too. And I feel that but for them, the prosecuting attorney would have no real case against my son. He used them to work on the emotions of the jury.” She got up, tried as by fire, and exclaimed, tensely and beautifully: “But he is my son! He has just been convicted. I must think as a mother how to help him, however I feel as to his sin.” She gripped her hands together, and even the reporters were touched by her misery. “I must go to him! I should have gone before. I see it now.” She paused, discovering herself to be addressing her inmost agony, need, fear, to these public ears and voices, which might in no wise understand or care.
“Some people wonder,” now interrupted one of these same—a most practical and emotionally calloused youth of Clyde’s own age—“why you weren’t there during the trial. Didn’t you have the money to go?”
“I had no money,” she replied simply. “Not enough, anyhow. And besides, they advised me not to come—that they did not need me. But now—now I must go—in some way—I must find out how.” She went to a small shabby desk, which was a part of the sparse and colorless equipment of the room. “You boys are going downtown,” she said. “Would one of you send a telegram for me if I give you the money?”
“Sure!” exclaimed the one who had asked her the rudest question. “Give it to me. You don’t need any money. I’ll have the paper send it.” Also, as he thought, he would write it up, or in, as part of his story.
She seated herself at the yellow and scratched desk and after finding a small pad and pen, she wrote: “Clyde—Trust in God. All things are possible to Him. Appeal
at once. Read Psalm 51. Another trial will prove your innocence. We will come to you soon. Father and Mother.”
“Perhaps I had just better give you the money,” she added, nervously, wondering whether it would be well to permit a newspaper to pay for this and wondering at the same time if Clyde’s uncle would be willing to pay for an appeal. It might cost a great deal. Then she added: “It’s rather long.”
“Oh, don’t bother about that!” exclaimed another of the trio, who was anxious to read the telegram. “Write all you want. We’ll see that it goes.”
“I want a copy of that,” added the third, in a sharp and uncompromising tone, seeing that the first reporter was proceeding to take and pocket the message. “This isn’t private. I get it from you or her—now!”
And at this, number one, in order to avoid a scene, which Mrs. Griffiths, in her slow way, was beginning to sense, extracted the slip from his pocket and turned it over to the others, who there and then proceeded to copy it.
At the same time that this was going on, the Griffiths of Lycurgus, having been consulted as to the wisdom and cost of a new trial, disclosed themselves as by no means interested, let alone convinced, that an appeal—at least at their expense—was justified. The torture and socially—if not commercially—destroying force of all this—every hour of it a Golgotha! Bella and her social future, to say nothing of Gilbert and his—completely overcast and charred by this awful public picture of the plot and crime that one of their immediate blood had conceived and executed! Samuel Griffiths himself, as well as his wife, fairly macerated by this blasting flash from his well-intentioned, though seemingly impractical and nonsensical good deed. Had not a long, practical struggle with life taught him that sentiment in business was folly? Up to the hour he had met Clyde he had never allowed it to influence him in any way. But his mistaken notion that his youngest brother had been unfairly dealt with by their father! And now this! This! His wife and daughter compelled to remove from the scene of their happiest years and comforts and live as exiles—perhaps forever—in one of the suburbs of Boston, or elsewhere—or forever endure the eyes and sympathy of their friends! And himself and Gilbert almost steadily conferring ever since as to the wisdom of uniting the business in stock form with some of the others of Lycurgus or elsewhere—or, if not that, of transferring, not by degrees but speedily, to either Rochester or Buffalo or Boston or Brooklyn, where a main plant might be erected. The disgrace of this could only be overcome by absenting themselves from Lycurgus and all that it represented to them. They must begin life all over again—socially at least. That did not mean so much to himself or his wife—their day was about over anyhow. But Bella and Gilbert and Myra—how to rehabilitate them in some way, somewhere?
An American Tragedy Page 96