Although every particle of evidence adduced by the prosecuting attorney was circumstantial, it was very complete. Some juries would have felt reasonable doubt, but no one could get over the facts that Shay had threatened Squeaks's life and that Squeaks had disappeared after a visit from Shay which left traces of blood in Squeaks's apartment. The trial over, the verdict of guilty rendered, Shay was asked if he could offer any reason why he should not be condemned. He rose and said: "Only that I didn't do it. I never saw him from that time in the club a week before."
Then the judge pronounced the awful words: "...Hanged by the neck till you are dead." Shay sat stunned for a minute, then, when the jailor tapped his shoulder, rose and walked silently forth to the cell of the doomed.
It is the hour of trial that sifts out your friends. There were two at least who followed every move in that crowded court room—Hartigan and his wife. They had learned that the crude, brutal exterior of the prizefighter held a heart that was warm and true. They had learned that they could go to him with certainty of success when they wanted help for some struggling man or woman in their ward. They knew that he would not drive a bargain for his help, nor plaster his gift with religious conditions. It was enough for him to know that a fellow-being was in need and that he had the power to help him. Shay was a product of submergence and evil system; he was wrong in his theories, wrong in his methods, wrong in his life; but his was a big, strong spirit—ever kind. And out of the strange beginnings there had grown a silent but real friendship between the Hartigans and himself.
On the black day of the verdict and the sentence, Belle and Jim were sadly sitting at home. "Jim," she said, "I know he didn't do it; his story is so simple and sound. It's easy to get human blood if you have a friend in the hospital; he is innocent. We know that Squeaks could easily have access to a room upstairs; that bundle may have been thrown out from the window merely as a part of a plot. Everything is against Shay now because he is in wrong with the party; but, surely, there is something we can do."
"His attorney asked for an appeal, but I am afraid it won't be entertained; there is no new evidence—no reason for delay that they can see or wish to see."
"That attorney has behaved very suspiciously, I think. Don't you think the governor might intervene with at least a commutation?" she suggested.
"The governor! His worst enemy," said Jim. "The governor's been after him for years."
Hope seemed gone. They sat in silence; then she said: "Pray, Jim; maybe light will come." And together they prayed that the God of justice and mercy would send his light down among them and guide them in this awful time. It was a short and simple prayer, followed by a long silence.
Belle spoke: "There is only one thing that can be done; that is find Squeaks. I know he is living somewhere yet, gloating probably over the success of his plan to get rid of Shay. I know he is alive, and we must find him. We have one month to do it, Jim. We must find him."
Jim shook his head. "We've tried hard enough already. We've examined every corpse taken out of the river or exposed at the morgue."
"Well; doesn't that help to prove that he is alive?"
"We've advertised and notified every police station in the country," Jim continued.
"They don't want to find him, Jim; they're on the other side."
"I don't know what else to do."
"Jim, I've read enough and seen enough of human nature to know that, if Squeaks is alive, he's not hiding in California or Florida or London; he's right here in South Ward where he can watch things. It's my belief, Jim, that he's been in the court room watching the trial."
Jim shook his head; but she went on. "This much I'm sure; he would hang around his former haunts, and we should leave nothing undone to find him."
They went first to Shay's attorney, but he dismissed the idea as chimerical, so they dropped him from their plans. Together they set to work, with little hope indeed, but it was at least better to be up and doing. Judge Squeaks's office was small, easily entered and productive of nothing. The police would give no information and seemed little interested in the new theory. Squeaks's lodgings yielded nothing new, but they found that Belle's theory was right; he had also had a room on the floor above. The woman in the gray cloak had called on him once or twice in the previous month and had come once since. She was a sort of janitress, as she had a key and straightened up his room. There was no hint of help in this. There was only one of his haunts that they had not thoroughly examined, that was the club. There was no need for that, as they knew every one that came and went, at least by sight.
Mrs. Hartigan was sitting in the club office at the back of the building next day when Skystein came in, and sat down to go over some club letters, officially addressed to him. As he read he made a note on each and sorted them into three neat piles. Belle watched him with interest that was a little tinged with shame. It is so human to consider a man inferior if he does not speak your language fluently, and the early impression they had gotten of Skystein gave them a sense of lofty pity. But it did not last. At every board meeting they had found reason to respect the judgment and worldly knowledge of the little Hebrew; those keen black eyes stood for more than cunning, they were the lights of intellect. Belle turned to him now. If any one knew the underworld of the South Ward it was he, and what he didn't know he had means to find out.
She openly, frankly, told him all she knew and suspected. He heard her at first doubtingly, then with growing interest, then with a glare of intense attention and conviction at last. His eyes twinkled knowingly as she expressed her opinion of the attorney. Skystein uttered the single word "fixed." Then he tapped his white teeth with his slender forefinger and rose to get the membership roll. He looked over it, but got no help; there was no one entered within the last few months that they could not fully account for.
They sat gazing in silence through the window into the adjoining reading room when an elderly woman came in and sat down. She wore a gray cloak and large goggles.
"Who is she?" said Belle. "I've seen her often enough, but I don't remember her name."
"Dat's Mrs. Davis: she's been coming only about five months. She was one of Squeaks's members."
A ray of hope shot into Belle's brain. "This fits the description of Squeaks's cleaning woman. She knows where he is hidden; she takes him food and keeps him posted. She is here now for the news." The woman at the desk raised her face; through the goggles and through that inner window she saw the two gazing at her. She rose quickly, but without hurry, and left the building. Skystein turned after her, without actually running, but she had disappeared.
"That woman knows where Squeaks is hiding," said Belle. But what became of her was a puzzle. They were confronted now by a stone wall, for there was no trace of her. The old janitor at Squeaks's lodging had not seen her for two weeks and she did not again appear at the club.
Michael Shay's religion so far as he had any, was of the Ulster type, and Jim Hartigan was accepted as his spiritual adviser and allowed to see him often. Jim and Belle agreed that it was well to tell him everything in their minds, to keep alive the light of hope, or maybe get from him some clue. Two weeks passed thus without a hint. Then, one evening as Skystein came late to the club, he saw a woman go out. He went to the desk and asked who it was. The register showed a strange name, but the clerk thought it was the gray woman till she looked at the name. Skystein rushed out as fast as possible, just in time to see a gray-cloaked figure board the car. There was no hack in sight so he leaped on the next car and followed. He was able to watch the car most of the time, but saw only one woman leave it. She was in black. At length, he got a chance to run forward and mount the first car. He stayed on the platform and peered in. There was no gray-cloaked woman. He asked the conductor, and learned that a woman had got on and taken off her cloak till she went out again three blocks back. At once his Hebrew wit seized these two ideas: she had deliberately turned her cloak; she was eluding pursuit.
Skystein went back at once t
o the street where the black-cloaked woman had descended. Of course, he saw nothing of her, but there was a peanut vender of his own race, at the corner. Skystein stopped, bought a bag of peanuts and began to eat them. Casually he asked the merchant if that woman in gray bought peanuts there. The vender didn't seem to comprehend, so Skystein addressed him in Yiddish; told him the woman was a detective, and promised to give ten dollars for information as to where she lived or what she was after. The expression on the peanut man's face showed an eagerness to find out the facts with all possible speed. But a week went by and he had nothing to report.
Meanwhile, Jim was at Joliet in daily conference with Shay, reporting to him the success or ill success of the search; reporting, alas, how little help they got from those who were supposed to forward the ends of justice. Money was not lacking, but it would help little; if an open campaign were conducted to find the man they believed to be in hiding, it might put an insuperable obstacle in the way. The governor was approached, but he was little disposed to listen or order a stay, least of all when they had nothing but a vague theory to offer.
Four days more went by, and Skystein found the peanut man in high excitement. He had seen the gray woman; she passed down his street and, before he could follow, turned into a side street; he left his peanuts and ran to follow, but got no second glimpse. She must have gone into one of the near-by tenements. "Didn't Mr. Skystein orter pay for de peanuts stole by de boys, as well as de reward."
Two days of life remained to Shay. Hope had died out of their hearts. Hartigan was preparing him for the great change that is always a bitter change when so approached. Belle still clung to hope. She posted herself where she could view the street, and made judicious inquiries, but got no help. The gray mantle was not a complete identification; the woman might have a dozen mantles. She went to the police station to enlist their cooperation. The Precinct Captain took no stock in the story and refused to order a house-to-house search. Finally—for even police are human—he promised to search any particular house when it was indicated, and to give reasonable support to any move that was obviously in the cause of justice.
The morning of the execution came and nothing had developed to revive their hopes. Belle was on watch at the street corner when on the main avenue an excitement occurred. A Savoyard with a dancing bear was holding a public show and gathering in a few coins. An idea came to her; she made her way through the crowd and said: "Here, is a dollar, if you make him dance before every house on this street." The Savoyard smiled blandly, bowed, pocketed the dollar and, leading the bear into the side street that Belle had watched so long, began the droning song that caused the animal to rear up and sway his huge, heavy body round and round as he walked. All the world came forth to see, or peered from upper windows; all the world was watching the strange antics of the bear—all but one. Belle's keen brown eyes were watching the crowd, watching the doorways, and watching, at length, the windows with desperate eagerness for sign of the gray woman. There seemed to be no gray woman; but, of a sudden, she saw a thing that stopped her heart. Flat against the window of a second-floor room, and intently watching the bear, was the pale, wizened, evil face of Squeaks!
Belle's hand trembled as she noted the house, the number and the very room; then, passing quickly around the corner, she hailed a cab and drove for life to the telegraph office, where she telegraphed Jim:
"Hold up the execution for two hours; we have found Squeaks."
(Signed) "Belle"
Then away to the police station. "Captain, Captain, I've found Squeaks! Come, come at once and get him."
"I have to know about it first," said he, calmly.
"Oh, Captain, there is no time to lose. It is ten o'clock now; the execution is fixed for noon."
The Captain shook his head.
"Then telegraph the Governor," she begged.
"He wouldn't pay any attention to your say-so."
"Then come at once and see; I have a cab here."
The Captain and two men went with Belle. They entered the cab. "I'll give you double fare to go your fastest," Belle said through her white, compressed lips; and the kindly cabman, sensing something out of common, 'Said, "I'll do my best, miss."
In ten minutes, they were in the side street. The bear was gone, the crowd was gone. The police entered without knocking, went to the second floor, to the very door and then knocked. There was no answer. The Captain put his shoulder to the door and forced it in. There, sure enough, standing in an attitude of fear in a far corner was the thin woman of the gray cloak.
"Where is Judge Squeaks? He was seen in this room half an hour ago."
"I don't know what you mean," and she covered her face with her skinny hands and began to cry.
"You must come to the station at once," said the Captain. Then to Belle: "Will you testify that this is the woman?"
Belle was white and trembling, but she walked up and said: "I will testify that this is—" She reached forward, peering at the woman's hidden face. Then seizing the loose hair, Belle gave one jerk, the wig came off, and they were facing Judge Squeaks!
"My God!" was all the Captain had to say. "The telephone as quick as possible! You hold him." He dashed down the stairs and made for the nearest long distance wire. It was half an hour before they could connect with Springfield, only to learn that the Governor had left for Chicago and was expected to arrive there about noon.
* * *
CHAPTER LVIII
In the Death House
Shay sat calmly waiting as the big clock ticked his life away that morning in the house of death at Joliet. At eleven o'clock, Hartigan received Belle's telegram: "We have found Squeaks." He rushed to the Sheriff with it. That officer was very sorry, but "no one except the Governor had any right to order a stay."
"Why, sir," said Jim, "you are not going to hang an innocent man, when here is proof of his innocence."
"There is no proof in that telegram. I don't know who "Belle" is. I get my orders from the Courts. No one but the Governor can order a reprieve."
Jim sent a telegram to Springfield only to learn, as Belle had done, that the Governor had left for Chicago. He sent telegrams to every one who had the power to help. He telegraphed Belle; he rushed to the Sheriff to beg for God's sake but one hour's reprieve. He hurried to the penitentiary to find another telegram from Belle:
Pray without ceasing for an hour's delay. We have Squeaks now.
But the clock ticked on. He literally ran to Michael's cell; the jailer opened the way. "Michael," he gasped, "we have found Squeaks; we know you are innocent."
Michael was the calmest of all. "Whatever is God's will I'll take without a grumble," he said, and sat smoking.
At a quarter to twelve the Sheriff appeared.
"Why, Sheriff, you are not going to—when you know the reprieve is on the way. You are not going to let a technicality lead you into murder?"
"I have no change in my instructions," said the Sheriff, "and no proof that any change is on the way."
"Why; this is monstrous," gasped Jim. "An hour's delay is all we ask, so the Governor can be reached."
The Sheriff motioned the guard to move on, and Shay walked firmly between the two officers. They came into the prison yard. There assembled were a score of officials and newspaper men.
"Have you any final statement to make?" asked the State officials.
"Nothing, only that I am innocent and Squeaks is alive at this moment."
That was an old story—an old trick to win time. The officers were preparing to act, when Hartigan pale and exultant, swinging the last telegram before the Sheriff, re-read it and for the first time truly got its meaning. He said: "Let us pray."
They kneeled down, all of them, in accordance with the ancient custom, and Jim began to pray. His voice was broken and husky, but it grew steadier as he appealed to the God of Justice and Mercy. He prayed and prayed; the clock struck twelve, but still he prayed. "Pray without ceasing," Belle's message had said. His gift of speech s
tood by him now; a quarter of an hour passed and still he was pouring out petitions to the throne of grace; another quarter of an hour and his voice was a little weary, but he prayed on. Still another, and another, and the clock struck one. All those men still kneeled, dead silent, except for a low, sobbing sound from the little group farther off. The Sheriff waited uneasily; he coughed a little and waited for a gap—but there was no gap; Jim bared his heart to God that day. He prayed as he never did before and all his bodily strength went into his prayer. At a quarter past one, when he was still calling on the God of Life for help, the Sheriff knew not what to do, for by the unwritten law the man of God had a right to finish his prayer. At half past one, the Sheriff moved uneasily and at length uttered a faint "Amen," as though to give the signal to stop. As it had no effect he realized for the first time just what Hartigan's desperation and iron will were leading him to do, he took cover under the technicality and played the game with him. Shay would have a chance as long as the Preacher's voice lasted. The party all stood, hats off, except those around the condemned one. They still kneeled, some of them, while others in bodily weariness, were frankly sitting on the scaffold. And the Preacher prayed on. His voice was thick and husky now; he could scarcely enunciate the words. The big clock ticked and two was struck. Still Jim prayed, as one who hopes and clings to any hope.
There were uneasy movements among the witnesses. The Sheriff said "Amen" twice again, quite loudly so that no one else should interrupt, but he was under a terrible strain. It was ten minutes after two when a shout was heard from the outer office and a warden with a paper came running, shrieking, "Reprieve! Reprieve!"
Jim turned to look and closed his prayer: "...and this we ask for Jesus's sake"; then he fell flat upon the scaffold.
"I knew she would, I knew she would; Belle never failed me yet," were the first words he uttered when he revived.
The Preacher of Cedar Mountain Page 29