The minister spoke with some effort. "I think you misread my son. He is not one to flee from punishment. He has some other idea in his mind."
To Jack Burns alone, plain, plodding, and slow, Harold showed a smiling face. He met him with a boyish word—"Hello, Jack! how goes it?"—and was eager to talk. He reached out and touched him with his hands wistfully. "I'm glad you've come. You're the only friend I've got now, Jack." This was one of the morbid fancies jail life had developed; he thought everybody had turned against him. "Now, I want to tell you something—we're chums, and you mustn't give me away. These fools think I'm going to try to escape, but I ain't. You see, they can't hang me for stabbing that coward, but they'll shut me up for a year or two, and I've got to keep healthy, don't you see? When I get out o' this I strike for the West, don't you see? And I've got to be able to do a day's work. Look at this arm." He stripped his strong white arm for inspection.
In the midst of the excitement attending Harold's arrest, Dot's elopement was temporarily diminished in value, but some shrewd gossip connected the two events and said: "I believe Clint gibed Harry Excell about Dot—I just believe that's what the fight was about."
This being repeated, not as an opinion but as the inside facts in the case, sentiment turned swiftly in Harold's favor. Clinton was shrewd enough to say very little about the quarrel. "I was just givin' him a little guff, and he up and lit into me with a big claspknife." Such was his story constantly repeated.
Fortunately for Harold, the case came to trial early in the autumn session. It was the most dramatic event of the year, and it was seriously suggested that it would be a good thing to hold the trial in the opera house in order that all the townspeople should be able to enjoy it. A cynical young editor made a counter suggestion: "I move we charge one dollar per ticket and apply the funds to buying a fire engine." Naturally, the judge of the district went the calm way of the law, regardless of the town's ferment of interest in the case.
The county attorney appeared for the prosecution, and old Judge Brown and young Bradley Talcott defended Harold.
Bradley knew Harold very well and the boy had a high regard for him. Lawyer Brown believed the boy to be a restless and dangerous spirit, but he said to Bradley:
"I've no doubt the boy was provoked by Clint, who is a worthless bully, but we must face the fact that young Excell bears a bad name. He has been in trouble a great many times, and the prosecution will make much of that. Our business is to show the extent of the provocation, and secondly, to disprove, so far as we can, the popular conception of the youth. I can get nothing out of him which will aid in his defense. He refuses to talk. Unless we can wring the truth out of Slocum on the stand it will go hard with the boy. I wish you'd see what you can do."
Bradley went down to see Harold, and the two spent a couple of hours together. Bradley talked to him in plain and simple words, without any assumption. His voice was kind and sincere, and Harold nearly wept under its music, but he added very little to Bradley's knowledge of the situation.
"He struck me with the whip, and then I—I can't remember much about it, my mind was a kind of a red blur," Harold said at last desperately.
"Why did he strike you with the whip?"
"I told him he was a black-hearted liar."
"What made you say that to him?" persevered Bradley.
"Because that's what he was."
"Did he say something to you which you resented?"
"Yes—he did."
"What was it?"
Right there Harold closed his lips and Bradley took another tack.
"Harry, I want you to tell me something. Did you have anything to do with killing Brownlow's dog?"
"No," replied Harold disdainfully.
"Did you have any hand in the raid on Brownlow's orchard a week later?"
"No; I was at home."
"Did your folks see you during the evening?"
"No; I was with Jack up in the attic, reading."
"You've taken a hand in some of these things—raids—haven't you?"
"Yes, but I never tried to destroy things. It was all in fun."
"I understand. Well, now, Harold, you've got a worse name than belongs to you, and I wish you'd just tell me the whole truth about this fight, and we will do what we can to help you."
Harold's face grew sullen. "I don't care what they do with me. They're all down on me anyway," he slowly said, and Bradley arose and went out with a feeling of discouragement.
* * *
CHAPTER IV
THE TRIAL
The day of his trial came as a welcome change to Harold. He had no fear of punishment and he hated delay. Every day before his sentence began was a loss of time—kept him just that much longer from the alluring lands to the West. His father called often to see him, but the boy remained inexorably silent in all these meetings, and the minister went away white with pain. Even to his sister Harold was abrupt and harsh, but Jack's devotion produced in him the most exalted emotion, and he turned upon his loyal chum the whole force of his affectionate nature. He did not look up to Jack; he loved him more as a man loves his younger brother, and yet even to him he would not utter the words young Slocum had flung at him. Lawyer Talcott had asked young Burns to get at this if possible, for purpose of defense, but it was not possible.
The court met on the first Tuesday in September. The day was windless and warm, and as Harold walked across the yard with the sheriff he looked around at the maple leaves, just touched with crimson and gold and russet, and his heart ached with desire to be free. The scent of the open air made his nostrils quiver like those of a deer.
Jack met them on the path—eager to share his hero's trouble.
"Please, sheriff, let me walk with Harry."
"Fall in behind," the sheriff gruffly replied; and so out of all the town people Jack alone associated himself with the prisoner. Up the stairs whereon he had romped when a lad, Harold climbed spiritlessly, a boy no longer.
The halls were lined with faces, everyone as familiar as the scarred and scratched wall of the court room, and yet all were now alien—no one recognized him by a frank and friendly nod, and he moved past his old companions with sullen and rigid face. His father met him at the door and walked beside him down the aisle to a seat.
The benches were crowded, and every foot of standing space was soon filled. The members of the First Church were present in mass to see the minister enter, pale and haggard with the disgrace of his son.
The judge, an untidy old man of great ability and probity, was in his seat, looking out absently over the spectators. "The next case" to him was only a case. He had grown gray in dealing with infractions of the law, and though kindly disposed he had grown indifferent—use had dulled his sympathies. His beard, yellow with tobacco stain, was still venerable, and his voice, deep and melodious, was impressive and commanding.
He was disposed to cut short all useless forms, and soon brought the case to vital questions. Naturally, the prosecution made a great deal of Harold's bad character, drawing from ready witnesses the story of his misdeeds. To do this was easy, for the current set that way, and those who had only thought Harold a bad boy now knew that he was concerned in all the mischief of the village.
In rebuttal, Mr. Talcott drew out contradictory statements from these witnesses, and proved several alibis at points where Harold had been accused. He produced Jack Burns and several others to prove that Harold liked fun, but that he was not inclined to lead in any of the mischief of the town—in fact, that he had not the quality of leadership.
He pushed young Burns hard to get him to say that he knew the words of insult which Slocum had used. "I think he used some girl's name," he finally admitted.
"I object," shouted the prosecution, as if touched on a hidden spring.
"Go on," said the judge to Talcott. He had become interested in the case at last.
When the lawyer for the prosecution cross-examined young Burns he became terrible. He leaned across the table a
nd shook his lean, big-jointed finger in Jack's face. "We don't want what you think, sir; we want what you know. Do you know that Slocum brought a girl's name into this?"
"No, sir, I don't," replied Jack, red and perspiring.
"That's all!" cried the attorney, leaning back in his chair with dramatic complacency.
Others of Harold's companions were brow-beaten into declaring that he led them into all kinds of raids, and when Talcott tried to stem this tide by objection, the prosecution rose to say that the testimony was competent; that it was designed to show the dangerous character of the prisoner. "He is no gentle and guileless youth, y'r Honor, but a reckless young devil, given to violence. No one will go further than I in admiration of the Reverend Mr. Excell, but the fact of the son's lawless life can not be gainsaid."
Slocum repeated his story on the stand and was unshaken by Bradley's cross-examination. Suddenly the defense said: "Stand, please."
Slocum arose—a powerful, full-grown man.
Bradley nodded at Harold. "Stand also."
"I object," shrieked the prosecution.
"State the objection," said the judge.
"Keep your position," said Bradley sternly. "I want the jury to compare you."
As the prisoner and the witness faced each other the court room blossomed with smiles. Harold looked very pale and delicate beside the coarse, muscular hostler, who turned red and looked foolish.
Ultimately the judge sustained the objection, but the work was done. A dramatic contrast had been drawn, and the jury perceived the pusillanimity of Slocum's story. This was the position of the defense. Harold was a boy, the hostler had insulted him, had indeed struck him with a whip. Mad with rage, and realizing the greater strength of his assailant, the prisoner had drawn a knife.
In rebuttal, the prosecution made much of Harold's fierce words. He meant to kill. He was a dangerous boy. "Speaking with due reverence for his parents," the lawyer said, "the boy has been a scourge. Again and again he has threatened his playmates with death. These facts must stand. The State is willing to admit the disparity of strength, so artfully set forth by the defense, but it must not be forgotten that the boy was known to carry deadly weapons, and that he was subject to blind rages. It was not, therefore, so much a question of punishing the boy as of checking his assaults upon society. To properly punish him here would have a most salutary effect upon his action in future. The jury must consider the case without sentiment."
Old Brown arose after the State had finished. Everyone knew his power before a jury, and the room was painfully silent as he walked with stately tread to a spittoon and cleared his mouth of a big wad of tobacco. He was the old-fashioned lawyer, formal, deliberate; and though everybody enjoyed Bradley Talcott's powerful speech, they looked for drama from Brown. The judge waited patiently while the famous old lawyer played his introductory part. At last, after silently pacing to and fro for a full minute, he turned, and began in a hard, dry, nasal voice.
"Your Honor, I'm not so sure of the reforming effect of a penitentiary. I question the salutary quality of herding this delicate and high-spirited youth with the hardened criminals of the State." His strident, monotonous tone, and the cynical inflections of his voice made the spectators shiver with emotion as under the power of a great actor. He paced before the judge twice before speaking again. "Your Honor, there is more in this case than has yet appeared. Everyone in this room knows that the elopement of Dorothy Burland is at the bottom of this affair, everyone but yourself, judge. This lad was the accepted sweetheart of that wayward miss. This man Slocum is one of the rough, loud-spoken men of the village, schooled in vice and fisticuffery. You can well imagine, gentlemen of the jury," he turned to them abruptly, "you can well imagine the kind of a greeting this town loafer would give this high-spirited boy on that morning after the night when his inamorata disappeared with a married man. The boy has in him somewhat of the knight of the old time, your Honor; he has never opened his lips in dispraise of his faithless love. He has refused to repeat the insulting words of his assailant. He stands to-day at a turning point of his life, gentlemen of the jury, and it depends on you whether he goes downward or upward. He has had his faith in women shaken: don't let him lose faith in law and earthly justice." His first gesture was on the word "downward," and it was superb.
Again he paused, and when he looked up again a twinkle was in his eyes and his voice was softer. "As for all this chicken roasting and melon lifting, you well know the spirit that is in that; we all had a hand in such business once, every man Jack of us. The boy is no more culpable now than you were then. Moreover, Excell has had too much of the mischief of the town laid on his shoulders—more than he deserves. 'Give a dog a bad name and every dead sheep is laid at the door of his kennel.'
"However, I don't intend to review the case, y'r Honor. My colleague has made the main and vital points entirely clear; I intend merely to add a word here and there. I want you to take another look at that pale, handsome, poetic youth and then at that burly bully, and consider the folly, the idiocy, and the cowardice of the charge brought against our client." He waited while the contrast which his dramatic utterance made enormously effective was being felt; then, in a deep, melodious voice, touched with sadness, he addressed the judge:
"And to you, your Honor, I want to say we are old men. You on the bench and I here in the forum have faced each other many times. I have defended many criminals, as it was my duty to do, and you have punished many who deserved their sentences. I have seen innocent men unable to prove their freedom from guilt, and I have known men who are grossly criminal, because of lack of evidence—these things are beyond our cure. We are old, your Honor: we must soon give place to younger men. We can not afford to leave bench and bar with the stain of injustice on our garments. We can not afford to start this boy on the road to hell at seventeen years of age."
He stopped as abruptly as he had begun, and the room was silent for a long time after he had taken his seat. To Harold it seemed as though he and all the people of the room were dead—that only his brain was alive. Then Mrs. Excell burst into sobbing. The judge looked away into space, his dim eyes seeing nothing that was near, his face an impassive mask of colorless flesh. The old lawyer's words had stirred his blood, sluggish and cold with age, but his brain absorbed the larger part of his roused vitality, and when he spoke his voice had an unwontedly flat and dry sound.
"The question for you to decide," he said, instructing the jury, "is whether the boy struck the blow in self-defense, or whether he assaulted with intent to do great bodily injury. The fact that he was provoked by a man older and stronger than himself naturally militates in his favor, but the next question is upon the boy's previous character. Did he carry deadly weapons? Is he at heart dangerous to his fellows? His youth should be in mind, but it should also be remembered that he is a lad of high intellectual power, older than most men of his age. I will not dwell upon the case; you have heard the testimony; the verdict is in your keeping."
During all this period of severe mental strain Mr. Excell sat beside Lawyer Brown, motionless as a statue, save when now and again he leaned forward to whisper a suggestion. He did not look at his son, and Harold seldom looked at him. Jack Burns sat as near the prisoner as the sheriff would permit, and his homely, good face, and the face of the judge were to Harold the only spots of light in the otherwise dark room. Outside the voices of children could be heard and the sound of the rising wind in the rustling trees. Once a breeze sent a shower of yellow and crimson leaves fluttering in at the open window, and the boy's heart swelled high in his throat, and he bowed his head and sobbed. Those leaves represented the splendor of the open spaces to him. They were like messages from the crimson sunsets of the golden West, and his heart thrilled at the sight of them.
It was long after twelve o'clock, and an adjournment for dinner was ordered. Harold was about to be led away when his father came to him and said:
"Harold, would you like to have your mother and me go to d
inner with you?"
With that same unrelenting, stubborn frown on his face the boy replied: "No—let me alone."
A hot flush swept over the preacher's face. "Very well," he said, and turned away, his lips twitching.
The jury was not long out. They were ready to report at three o'clock. Every seat was filled as before. The lawyers came in, picking their teeth or smoking. The ladies were in Sunday dress, the young men were accompanied by their girls, as if the trial were a dramatic entertainment. Those who failed of regaining their seats were much annoyed; others, more thrifty, had hired boys to keep their places for them during the noon hour, and others, still more determined, having brought lunches, had remained in their seats throughout the intermission, and were serene and satisfied.
Harold was brought back to his seat looking less haggard. He was not afraid of sentence; on the contrary he longed to have the suspense end.
"I don't care what they do with me if they don't use up too much of my life," he said to Jack. "I'll pound rock or live in a dungeon if it will only shorten my sentence. I hate to think of losing time. Oh, if I had only gone last year!"
The Reverend Excell came in, looming high above the crowd, his face still white and set. He paid no heed to his parishioners, but made his way to the side of Lawyer Brown. The judge mounted his bench and the court room came to order instantly.
"Is the jury ready to report on the case of the State vs. Excell?" he asked in a low voice. He was informed that they were agreed. After the jury had taken their seats he said blandly, mechanically: "Gentlemen, we are ready for your verdict."
Harold knew the foreman very well. He was a carpenter and joiner in whose shop he had often played—a big, bluff, good-hearted man whom any public speaking appalled, and who stammered badly as he read from a little slip of paper: "Guilty of assault with intent to commit great bodily injury, but recommended to the mercy of the judge." Then, with one hand in his breeches pocket, he added: "Be easy on him, judge; I believe I'd 'a' done the same."
The Eagles Heart Page 3