The Conquest of Canaan


XXV

THE JURY COMES IN

Mrs. Flitcroft, at breakfast on the following morning, continued a disquisition which had ceased, the previous night, only because of a provoking human incapacity to exist without sleep. Her theme was one which had exclusively occupied her since the passing of Eskew, and, her rheumatism having improved so that she could leave her chair, she had become a sort of walking serial; Norbert and his grandfather being well assured that, whenever they left the house, the same story was to be continued upon their reappearance. The Tocsin had been her great comfort: she was but one helpless woman against two strong men; therefore she sorely needed assistance in her attack upon them, and the invaluable newspaper gave it in generous measure.

"Yes, young man," she said, as she lifted her first spoonful of oatmeal, "you BETTER read the Tocsin!"

"I AM reading it," responded Norbert, who was almost concealed by the paper.

"And your grandfather better read it!" she continued, severely.

"I already have," said the Colonel, promptly. "Have you?"

"No, but you can be sure I will!" The good lady gave the effect of tossing her head. "And you better take what it says to heart, you and some others. It's a wonder to me that you and Buckalew and old Peter don't go and hold that Happy Fear's hand durin' the trial! And as for Joe Louden, his step-mother's own sister, Jane, says to me only yesterday afternoon, 'Why, law! Mrs. Flitcroft,' she says, 'it's a wonder to me,' she says, 'that your husband and those two other old fools don't lay down in the gutter and let that Joe Louden walk over 'em.'"

"Did Jane Quimby say 'those two other old fools'?" inquired the Colonel, in a manner which indicated that he might see Mr. Quimby in regard to the slander.

"I can't say as I remember just precisely her exact words," admitted Mrs. Flitcroft, "but that was the sense of 'em! You've made yourselves the laughin'-stock of the whole town!"

"Oh, we have?"

"And I'd like to know"—her voice became shrill and goading—"I'd like to know what Judge Pike thinks of you and Norbert! I should think you'd be ashamed to have him pass you in the street."

"I've quit speaking to him," said Norbert, coldly, "ever since I heard he owned Beaver Beach."

"That story ain't proved yet!" returned his grandmother, with much irascibility.

"Well, it will be; but that's not all." Norbert wagged his head. "You may be a little surprised within the next few days."

"I've been surprised for the PAST few!" she replied, with a bitterness which overrode her satisfaction in the effectiveness of the retort. "Surprised! I'd like to know who wouldn't be surprised when half the town acts like it's gone crazy. People PRAISIN' that fellow, that nobody in their sober minds and senses never in their lives had a good word for before! Why, there was more talk yesterday about his doin's at the Court-house—you'd of thought he was Phil Sheridan! It's 'Joe Louden' here and 'Joe Louden' there, and 'Joe Louden' this and 'Joe Louden' that, till I'm sick of the name!"

"Then why don't you quit saying it?" asked the Colonel, reasonably.

"Because it'd OUGHT to be said!" she exclaimed, with great heat. "Because he'd ought to be held up to the community to be despised. You let me have that paper a minute," she pursued, vehemently; "you just let me have the Tocsin and I'll read you out some things about him that 'll show him in his true light!"

"All right," said Norbert, suddenly handing her the paper. "Go ahead."

And after the exchange of a single glance the two gentlemen composed themselves to listen.

"Ha!" exclaimed Mrs. Flitcroft. "Here it is in head-lines on the first page. 'Defence Scores Again and Again. Ridiculous Behavior of a Would-Be Mob. Louden's—'" She paused, removed her spectacles, examined them dubiously, restored them to place, and continued: "'Louden's Masterly Conduct and Well-Deserved—'" she paused again, incredulous—"'Well-Deserved Triumph—'"

"Go on," said the Colonel, softly.

"Indeed I will!" the old lady replied. "Do you think I don't know sarcasm when I see it? Ha, ha!" She laughed with great heartiness. "I reckon I WILL go on! You listen and try to LEARN something from it!" She resumed the reading:

"'It is generally admitted that after yesterday's sitting of the court, the prosecution in the Fear-Cory murder trial has not a leg to stand on. Louden's fight for his client has been, it must be confessed, of a most splendid and talented order, and the bottom has fallen out of the case for the State, while a verdict of Not Guilty, it is now conceded, is the general wish of those who have attended and followed the trial. But the most interesting event of the day took place after the session, when some miscreants undertook to mob the attorney for the defence in the Court-house yard. He met the attack with a coolness and nerve which have won him a popularity that—'" Mrs. Flitcroft again faltered.

"Go on," repeated the Colonel. "There's a great deal more."

"Look at the editorials," suggested Norbert. "There's one on the same subject."

Mrs. Flitcroft, her theory of the Tocsin's sarcasm somewhat shaken, turned the page. "We Confess a Mistake" was the rubric above the leader, and she uttered a cry of triumph, for she thought the mistake was what she had just been reading, and that the editorial would apologize for the incomprehensible journalistic error upon the first page. "'The best of us make mistakes, and it is well to have a change of heart sometimes.'" (Thus Eugene's successor had written, and so Mrs. Flitcroft read.) "'An open confession is good for the soul. The Tocsin has changed its mind in regard to certain matters, and means to say so freely and frankly. After yesterday's events in connection with the murder trial before our public, the evidence being now all presented, for we understand that neither side has more to offer, it is generally conceded that all good citizens are hopeful of a verdict of acquittal; and the Tocsin is a good citizen. No good citizen would willingly see an innocent man punished, and that our city is not to be disgraced by such a miscarriage of justice is due to the efforts of the attorney for the defendant, who has gained credit not only by his masterly management of this case, but by his splendid conduct in the face of danger yesterday afternoon. He has distinguished himself so greatly that we frankly assert that our citizens may point with pride to—'" Mrs. Flitcroft's voice, at the beginning pitched to a high exultation, had gradually lowered in key and dropped down the scale till it disappeared altogether.

"It's a wonder to me," the Colonel began, "that the Tocsin doesn't go and hold Joe Louden's hand."

"I'll read the rest of it for you," said Norbert, his heavy face lighting up with cruelty. "Let's see—where were you? Oh yes—'point with pride'? 'Our citizens may point with pride to ...'"

Let us not linger to observe the unmanly behavior of an aged man and his grandson left alone at the breakfast-table by a defenceless woman.

The Tocsin's right-about-face undermined others besides Mrs. Flitcroft that morning, and rejoiced greater (though not better) men than the Colonel. Mr. Farbach and his lieutenants smiled, yet stared, amazed, wondering what had happened. That was a thing which only three people even certainly knew; yet it was very simple.

The Tocsin was part of the Judge's restitution.

"The controlling interest in the paper, together with the other property I have listed," Joe had said, studying his memoranda under the lamp in Roger's old studio, while Martin Pike listened with his head in his hands, "make up what Miss Tabor is willing to accept. As I estimate it, their total value is between a third and a half of that of the stock which belonged to her."

"But this boy—this Flitcroft," said Pike, feebly; "he might—"

"He will do nothing," interrupted Joe. "The case is 'settled out of court,' and even if he were disposed to harass you, he could hardly hope to succeed, since Miss Tabor declines either to sue or to prosecute."

The Judge winced at the last word. "Yes—yes, I know; but he might—he might—tell."

"I think Miss Tabor's influence will prevent. If it should not—well, you're not in a desperate case by any means; you're involved, but far from stripped; in time you may be as sound as ever. And if Norbert tells, there's nothing for you to do but to live it down." A faint smile played upon Joe's lips as he lifted his head and looked at the other. "It can be done, I think."

It was then that Ariel, complaining of the warmth of the evening, thought it possible that Joe might find her fan upon the porch, and as he departed, whispered hurriedly: "Judge Pike, I'm not technically in control of the Tocsin, but haven't I the right to control its policy?"

"I understand," he muttered. "You mean about Louden—about this trial—"

"That is why I have taken the paper."

"You want all that changed, you mean?"

She nodded decisively. "From this instant. Before morning."

"Oh, well, I'll go down there and give the word." He rubbed his eyes wearily with big thumbs. "I'm through fighting. I'm done. Besides, what's the use? There's nothing more to fight."

"Now, Judge," Joe said, as he came in briskly, "we'll go over the list of that unencumbered property, if you will."

This unencumbered property consisted of Beaver Beach and those other belongings of the Judge which he had not dared to mortgage. Joe had somehow explained their nature to Ariel, and these with the Tocsin she had elected to accept in restitution.

"You told me once that I ought to look after my own property, and now I will. Don't you see?" she cried to Joe, eagerly. "It's my work!" She resolutely set aside every other proposition; and this was the quality of mercy which Martin Pike found that night.


There was a great crowd to hear Joe's summing-up at the trial, and those who succeeded in getting into the court-room declared that it was worth the struggle. He did not orate, he did not "thunder at the jury," nor did he slyly flatter them; he did not overdo the confidential, nor seem so secure of understanding beforehand what their verdict would be that they felt an instinctive desire to fool him. He talked colloquially but clearly, without appeal to the pathetic and without garnitures, not mentioning sunsets, birds, oceans, homes, the glorious old State, or the happiness of liberty; but he made everybody in the room quite sure that Happy Fear had fired the shot which killed Cory to save his own life. And that, as Mr. Bradbury remarked to the Colonel, was "what Joe was THERE for!"

Ariel's escort was increased to four that day: Mr. Ladew sat beside her, and there were times when Joe kept his mind entirely to the work in hand only by an effort, but he always succeeded. The sight of the pale and worshipping face of Happy Fear from the corner of his eye was enough to insure that. And people who could not get near the doors, asking those who could, "What's he doin' now?" were answered by variations of the one formula, "Oh, jest walkin' away with it!"

Once the court-room was disturbed and set in an uproar which even the Judge's customary threat failed to subdue. Joe had been talking very rapidly, and having turned the point he was making with perfect dexterity, the jury listening eagerly, stopped for a moment to take a swallow of water. A voice rose over the low hum of the crowd in a delirious chuckle: "Why don't somebody 'HEAD HIM OFF!'" The room instantly rocked with laughter, under cover of which the identity of the sacrilegious chuckler was not discovered, but the voice was the voice of Buckalew, who was incredibly surprised to find that he had spoken aloud.

The jury were "out," after the case had been given to them, seventeen minutes and thirty seconds by the watch Claudine held in her hand. The little man, whose fate was now on the knees of the gods, looked pathetically at the foreman and then at the face of his lawyer and began to shake violently, but not with fright. He had gone to the jail on Joe's word, as a good dog goes where his master bids, trustfully; and yet Happy had not been able to keep his mind from considering the horrible chances. "Don't worry," Joe had said. "It's all right. I'll see you through." And he had kept his word.

The little man was cleared.

It took Happy a long time to get through what he had to say to his attorney in the anteroom, and even then, of course, he did not manage to put it in words, for he had "broken down" with sheer gratitude. "Why, damn ME, Joe," he sobbed, "if ever I—if ever you—well, by God! if you ever—" This was the substance of his lingual accomplishment under the circumstances. But Claudine threw her arms around poor Joe's neck and kissed him.

Many people were waiting to shake hands with Joe and congratulate him. The trio, taking advantage of seats near the rail, had already done that (somewhat uproariously) before he had followed Happy, and so had Ariel and Ladew, both, necessarily, rather hurriedly. But in the corridors he found, when he came out of the anteroom, clients, acquaintances, friends: old friends, new friends, and friends he had never seen before—everybody beaming upon him and wringing his hand, as if they had been sure of it all from the start.

"KNOW him?" said one to another. "Why, I've knowed him sence he was that high! SMART little feller he was, too!" This was a total stranger.

"I said, years ago"—thus Mr. Brown, the "National House" clerk, proving his prophetic vision—"that he'd turn out to be a big man some day."

They gathered round him if he stopped for an instant, and crowded after him admiringly when he went on again, making his progress slow. When he finally came out of the big doors into the sunshine, there were as many people in the yard as there had been when he stood in the same place and watched the mob rushing his client's guards. But to-day their temper was different, and as he paused a moment, looking down on the upturned, laughing faces, with a hundred jocular and congratulatory salutations shouted up at him, somebody started a cheer, and it was taken up with thunderous good-will.

There followed the interrogation customary in such emergencies, and the anxious inquirer was informed by four or five hundred people simultaneously that Joe Louden was all right.

"HEAD HIM OFF!" bellowed Mike Sheehan, suddenly darting up the steps. The shout increased, and with good reason, for he stepped quickly back within the doors; and, retreating through the building, made good his escape by a basement door.

He struck off into a long detour, but though he managed to evade the crowd, he had to stop and shake hands with every third person he met. As he came out upon Main Street again, he encountered his father.

"Howdy do, Joe?" said this laconic person, and offered his hand. They shook, briefly. "Well," he continued, rubbing his beard, "how are ye?"

"All right, father, I think."

"Satisfied with the verdict?"

"I'd be pretty hard to please if I weren't," Joe laughed.

Mr. Louden rubbed his beard again. "I was there," he said, without emotion.

"At the trial, you mean?"

"Yes." He offered his hand once more, and again they shook. "Well, come around and see us," he said.

"Thank you. I will."

"Well," said Mr. Louden, "good-day, Joe."

"Good-day, father."


The young man stood looking after him with a curious smile. Then he gave a slight start. Far up the street he saw two figures, one a lady's, in white, with a wide white hat; the other a man's, wearing recognizably clerical black. They seemed to be walking very slowly.

It had been a day of triumph for Joe; but in all his life he never slept worse than he did that night.




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