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diff --git a/old/54098-0.txt b/old/54098-0.txt deleted file mode 100644 index 96baa26..0000000 --- a/old/54098-0.txt +++ /dev/null @@ -1,3391 +0,0 @@ -The Project Gutenberg EBook of The Light that Lies, by George Barr McCutcheon - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - - - -Title: The Light that Lies - -Author: George Barr McCutcheon - -Release Date: February 3, 2017 [EBook #54098] -Last Updated: March 12, 2018 - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE LIGHT THAT LIES *** - - - - -Produced by David Widger from page images generously -provided by the Internet Archive - - - - - - - -THE LIGHT THAT LIES - -By George Barr McCutcheon - -The McClure Publications. Inc. - -Copyright, 1916 - -The Dodd Mead And Company, Inc. - - - - -CHAPTER I - -Sampson had been uncommonly successful in evading jury service. By some -hook or crook he always had managed to “get off,” and he had begun -to regard his trips down to General or Special Sessions--coming with -monotonous regularity about three times a year--as interruptions instead -of annoyances. Wise men advised him to serve and get it over with for -the time being, but he had been so steadfastly resourceful in confining -his jury service to brief and uneventful “appearances,” and to -occasional examinations as to his fitness to serve as a juror, that he -preferred to trust to his smartness rather than to their wisdom. Others -suggested that he get on the “sheriff's jury,” a quaintly distinguished -method of serving the commonwealth in that the members perform their -duty as citizens in such a luxurious and expensive way that they -never appear in the newspapers as “twelve good men and true” but as -contributors to somewhat compulsory festivities in which justice is done -to the inner man alone. But Sampson, though rich, abhored the sheriff's -jury. He preferred to invent excuses rather than to have them thrust -upon him. - -Having escaped service on half-a-dozen murder trials by shrewd and -original responses to important questions by counsel for one side or the -other--(it really didn't matter to Sampson which side it was so long as -he saw the loophole)--he found himself at last in the awkward position -of having exhausted all reasonable excuses, and was obliged to confess -one day in court that he had reconsidered his views in regard to capital -punishment. This confession resulted, of course, in his name being -dropped from the “special panel,” for the jury commissioner did not want -any man in that august body who couldn't see his way clear to taking -the life of another. He “got off” once on the ground that he was quite -certain he could not convict on circumstantial evidence, despite the -assurance of learned experts that it is the _best_ evidence of all, and -he escaped another time because he did not consider insanity a defence -in homicidal cases. - -Then they drew him for Special Sessions and eventually for the -humiliating lower courts, the result being that his resourcefulness -was under a constant and ever increasing strain. Where once he had -experienced a rather pleasing interest in “getting off” in important -cases, he now found himself very hard put to escape service in the most -trifling of criminal trials. - -He began to complain bitterly of the injustice to himself, an honest, -upright citizen who was obliged to live in a constant state of -apprehension. He felt like a hunted animal. He was no sooner safely out -of one case when he was called for another. - -It was all wrong. Why should he be hounded like this when the city was -full of men eager to earn two dollars a day and who would not in -the least mind sitting cross-legged and idle all day long in a jury -box--snoozing perhaps--in order to do their duty as citizens? Moreover, -there were men who actually _needed_ the money, and there were lots -of them who were quite as honest as the prisoners on trial or even the -witnesses who testified. - -He was quite sure that if he ever was sworn in as a juror, his entire -sympathy would be with the prisoner at the bar, for he would have a -fellow feeling for the unhappy wretch who also was there because he -couldn't help it. The jury system was all wrong, claimed Sampson. For -example, said he, a man is supposed to be tried by twelve of his peers. -That being the case, a ruffian from the lower East Side should be tried -by his moral and mental equals and not by his superiors. By the same -argument, a brainy, intelligent bank or railway president, an editor, -or a college professor, should not be tried by twelve incompetent though -perfectly honest window-washers. Any way you looked at it, the jury -system was all wrong. The more Sampson thought about it the more fully -convinced was he that something ought to be done about it. - -He had been obliged to miss two weddings, a private-car jaunt to Aiken, -one of the Harvard-Yale football matches, the docking of the _Olympic_ -when she carried at least one precious passenger, the sailing of the -_Cedric_ when she carried an equally precious but more exacting object -of interest, a chance to meet the Princess Pat, and a lot of other -things that he wouldn't have missed for anything in the world -notwithstanding the fact that he couldn't remember, off hand, just what -they were. Suffice it to say, this miserable business of “getting off” - juries kept Sampson so occupied that he found it extremely difficult to -get on with anything else. - -He was above trying to “fix” any one. Other men, he knew, had some one -downtown who could get them off with a word to the proper person, and -others were of sufficient importance politically to make it impossible -for them to be in contempt of court. That's what he called “fixing -things.” - -Shortly after the holidays he was served with a notice to appear and be -examined as to his fitness to serve as juror in the case of the State -vs. James W. Hildebrand. Now, he had made all his arrangements for -a trip to California. In fact, he planned to leave New York on the -twenty-first of January, and here he was being called into court on the -twentieth. Something told him that the presiding justice was sure to be -one of those who had witnessed one or more of his escapes from service -on previous occasions, and that the honourable gentleman in the long -black gown would smile sadly and shake his head if he protested that -he was obliged to get off because he had to go to California for his -health. The stupidest judge on earth would know at a glance that Sampson -didn't have to go anywhere for his health. He really had more of it than -was good for him. - -If he hadn't been so healthy he might have relished an occasional -fortnight of indolence in a drowsy, stuffy, little court-room with -absolutely nothing to do but to look at the clock and wonder, with the -rest of the jurors, how on earth the judge contrived to wake up from a -sound sleep whenever a point came up for decision and always to settle -it so firmly, so confidently, so promptly that even the lawyers were -fooled into believing that he had been awake all the time. - -Sampson entered the little court-room at 9:50 o'clock on the morning of -the twentieth. - -He was never to forget the morning of the twentieth. - -Fifteen or twenty uneasy, sour-faced men, of all ages, sizes and -condition sat outside the railing, trying to look unconcerned. They -couldn't fool him. He knew what they were and he knew that in the -soul of each lurked the selfish, cruel prayer that twelve men would be -snatched from among them and stuffed into the jury box to stay before -the clerk could draw his own dreaded name from the little box at his -elbow. - -Other men came in and shuffled into chairs. The deputy clerk of the -court emerged from somewhere and began fussing with the papers on his -desk. Every man there envied him. He had a nice job, and he looked as -though he rather liked being connected with an inhuman enterprise. He -was immune. He was like the man who already has had smallpox. Lazy court -attendants in well-worn uniforms ambled about freely. They too were -envied. They were thoroughly court-broken. A couple of blithe, alert -looking young men from the district attorney's office came and, with -their hands in their pockets, stared blandly at the waiting group, very -much as the judges at a live-stock show stare at the prize pigs, sheep -and cattle. They seemed to be appraising the supply on hand and, to -judge by their manner, they were not at all favourably impressed with -the material. Indeed, they looked unmistakably annoyed. It was bad -enough to have to select a jury in any event, but to have to select one -from _this_ collection of ignoramuses was--well, it was _too_ much! - -The hour hand on the clock said ten o'clock, but everybody was watching -the minute hand. It had to touch twelve before anything, could happen. -Then the judge would steal out of his lair and mount the bench, while -every one stood and listened to the unintelligible barking of the -attendant who began with something that sounded suspiciously like -“Oy-yoy!” notwithstanding the fact that he was an Irish and not a Jewish -comedian. - -Two uninteresting, anxious-eyed, middle-aged men, who looked a trifle -scared and uncertain as to their right to be there, appeared suddenly -inside the railing, and no one doubted for an instant that they were the -defendant's lawyers. Sampson always had wondered why the men from the -district attorney's office were so confident, so cocky, and so spruce -looking while their opponents invariably appeared to be a seedy, -harassed lot, somewhat furtive in their movements and usually labouring -under the strain of an inward shyness that caused a greasy polish of -perspiration to spread over their countenances. - -Sampson was to find that these timid, incompetent looking individuals -had every reason in the world to be perspiring even so early in the -proceedings. They turned out to be what is known in rhetorical circles -as “fire-eaters” The judge took his seat and the clerk at once called -the case of the State vs. James W. Hildebrand. Sampson speculated. What -had Hildebrand done to get himself into a mess of this sort? Was -it grand or petit larceny, or was it house-breaking, entering, -safe-cracking, or--Two burly attendants came up the side aisle and -between them walked a gaunt, grey, stooped old man, his smooth shaven -face blanched by weeks of sunless existence. - -Sampson had expected to see a sullen-faced, slouching young fellow, -shaved and brushed and combed into an unnatural state of comeliness for -the purpose of hoodwinking the jury into the belief that his life was as -clean as his cheek. He could not deny himself a stare of incredulity -on beholding this well-dressed, even ascetic looking man who strode -haltingly, almost timidly through the little gate and sank into the -chair designated by his counsel. Once seated, he barely glanced at his -lawyers, and then allowed his eyes to fall as if shame was the drawing -power. Somehow, in that instant, Sampson experienced the sudden -conviction that this man James W. Hildebrand was no ordinary person, for -it was borne in upon him that he despised the men who were employed to -defend him. It was as if he were more ashamed of being seen with them -than he was of being haled into a court of justice charged with crime. - -The assistant district attorney in charge of the case addressed the -waiting talesmen, briefly outlining the case against the defendant, and -for the first time in his experience Sampson listened with a show of -interest. - -James W. Hildebrand was charged with embezzlement. Judging by the -efforts of his counsel to have the case set over for at least ten -days and the Court's refusal to grant a delay, together with certain -significant observations as to the time that would probably be required -to produce and present the evidence--a week or more--Sampson realised -that this was a case of considerable magnitude. He racked his brain in -the futile effort to recall any mention of it in the newspapers. It was -his practice to read every line of the criminal news printed, for this -was the only means he had of justifying the declaration that he had -formed an opinion. Nothing escaped him--or at least he thought so--and -yet here was a case, evidently important, that had slipped through -without having made the slightest impression on him. It was most -disturbing. This should not have happened. - -His heart sank as he thought of the California reservations uptown. -He was expected to take up the transportation and Pullman that very -afternoon. - -The old man--he was seventy--was accused of having misappropriated -something like fifty thousand dollars of the funds belonging to a -real-estate and investment concern in which he was not only a partner -but also its secretary and treasurer. The alleged crime had been -committed some five years prior to the day on which he was brought to -trial. - -After having evaded capture for four years and a half by secluding -himself in Europe, he voluntarily had returned to the States, giving -himself up to the authorities. Sampson abused himself secretly for -having allowed such a theatric incident as this to get by without notice -on his part. Other prospective jurors sitting nearby appeared to -know all about the case, for he caught sundry whispered comments that -enlightened him considerably. He realised that he had been singularly -and criminally negligent. - -A protracted and confidential confab took place between the Court and -the counsel for both sides. Every juror there hoped that they were -discussing some secret and imperative reason for indefinitely postponing -the case after all--or, perhaps, better than that, the prisoner was -going to plead guilty and save all of them! - -Finally the little group before the bench broke up and one of the -attorneys for Hildebrand approached the rail and held open the gate. A -woman entered and took a seat beside the prisoner. Sampson, with scant -interest in the woman herself--except to note that she was slender and -quite smartly attired--was at once aware of a surprising politeness -and deference on the part of the transmogrified lawyers, both of whom -smirked and scraped and beamed with what they evidently intended to be -gallantry. - -The attorneys for the state regarded the lady with a very direct -interest, and smiled upon her, not condescendingly or derisively as is -their wont, but with unmistakable pleasure. A close observer would -have detected a somewhat significant attentiveness on the part of the -justice, a middle-aged gentleman whose business it was to look severe -and ungenial. He gave his iron-grey moustache a tender twist at each end -and placed an elbow on the desk in front of him, revealing by that act -that he was as human as any one else. - -I have neglected to state that Sampson was thirty, smooth-faced, -good-looking, a consistent member of an athletic club and a Harvard man -who had won two H's and a _cum laude_ with equal ease. You will discover -later on that he was unmarried. - -He was the seventeenth talesman called. Two jurors had been secured. The -other fourteen had been challenged for cause and, for the life of him, -he couldn't see why. They all looked pretty satisfactory to him. He -garnered a little hope for himself in the profligate waste of good -material. If he could sustain his customary look of intelligence there -was a splendid chance that he too would be rejected. - -It seemed to him that the attendant in announcing his name and place -“of residence after the oath vociferated with unusual vehemence. Never -before had he heard his name uttered with such amazing gusto. - -“You have heard the statement concerning the charge against the -defendant, Mr. Sampson,” said the assistant district attorney, taking -his stand directly in front of him. “Before going any farther, I will -ask if you know of any reason why you cannot act as a juror in this -case?” - -Sampson had always been honest in his responses. He never had lied in -order to “get off.” Subterfuges and tricks, yes--but never deliberate -falsehood. - -“No,” he answered. - -“Have you heard of this case before?” - -“No,” admitted Sampson, distinctly mortified. - -“Then you have formed no opinion as to the guilt or innocence of the -defendant?” - -“No.” - -“Are you acquainted with the defendant, James W. Hildebrand?” - -“No.” - -“Have you had any business dealings with either of his counsel, Mr. -Abrams or Mr. O'Brien?” - -“No.” - -“Are you acquainted with either of his former partners, the gentlemen -who are to appear as witnesses against him, Thomas Stevens and John L. -Drew?” - -Sampson's face brightened. “I know a John Drew,” he said. The lawyer -shook his head and smiled. “But he's not in the loan business,” he -added. - -“Do you know Miss Alexandra Hildebrand, the granddaughter of this -defendant? The lady sitting beside him?” - -[Illustration: 0029] - -For the first time, Sampson directed his attention to the woman. His -glance, instead of being casual and perfunctory, as he had expected -it would be, developed into a prolonged stare that left him shy and -confused. She was looking into his eyes, calmly, seriously, and, he -thought, a bit speculatively, as if she were estimating his mental -displacement. As a matter of fact, she was merely detaching him from the -others who had gone before. He had the strange, uncomfortable feeling -that he was being appraised by a most uncompromising judge. His stare -was not due to resentment on his part because of her cool inspection. It -was the result of suddenly being confronted by the loveliest girl he had -ever seen--unquestionably the loveliest. - -It seemed an affront to this beautiful, clear-eyed creature to say that -he did not know her. To say it to her face, too--with her eyes upon -him--why, it was incomprehensibly rude and ungallant. He ought to have -been spared this unnecessary humiliation, he thought. How would she -feel when he deliberately, coldly insulted her by uttering a bald, harsh -negative to the question that had been asked? - -“I--I am afraid not,” he managed to qualify, hoping for a slight smile -of acknowledgement. - -“Would you be inclined to favour the defendant because of his age, Mr. -Sampson?” - -Sampson hesitated. Here was his chance. He looked again at Miss -Alexandra Hildebrand. She was still regarding him coolly, impersonally. -After all, he was nothing to her but a juror--just an ordinary, -unwholesome specimen undergoing examination. If he was rejected, he -would pass out of her mind on the instant and never again would he be -permitted to enter. He felt very small and inconsequential. - -“Well, naturally, I suppose, I should be influenced to some extent by -his age,” he replied. - -“You would, however, keep your mind open to the evidence in the case and -render a verdict according to that evidence? You would not discharge him -solely because he is an old man?” - -“I don't know where my sympathy would carry me,” said Sampson evasively. - -“I see. Well, if you should be accepted by both sides as a juror to sit -in this case you would at least try to divide your sympathy as fairly as -possible between us, wouldn't you? You would not deny the long-suffering -State of New York a share of your sympathy, would you?” - -Miss Hildebrand, at that juncture, touched her grandfather on the arm -and whispered something in his ear. For the first time the old man -looked at the talesman in the chair. Sampson was acutely aware of a -sudden flash of interest in the prisoner's eyes. Moreover, the young -woman was regarding him rather less impersonally. - -Sampson assumed an air of extreme hauteur “If I am accepted by both -sides in this case, my sympathy will be, first of all, with myself, -I am not eager to serve. I shall, however, do my best to render an -intelligent, just verdict.” - -“According to the evidence and the law as laid down by the honourable -Court?” - -“According to the circumstances as I see them.” - -“That is not a direct answer to my question, Mr. Sampson.” - -“I am not willing to say that I will be governed entirely by the -evidence. I can only say, that I should render what I consider to be a -just and reasonable verdict, depending on circumstances.” - -“Ahem! You are quite sure that you could render a just and reasonable -verdict?” - -“Yes.” - -“And yet you admit that you cannot answer for your sympathies?” - -“Are you cross-examining me?” - -“Not at all, Mr. Sampson,” responded the other smoothly. “I am merely -trying to ascertain whether you are competent to serve as a juror in -this case.” - -Sampson was saying to himself: “Thank the Lord, he will never accept -me.” Aloud he said: “Pray, overlook my stupidity and proceed--” - -The Court leaned forward and tapped smartly on the desk with a lead -pencil. “We are wasting time, gentlemen. Please omit the persiflage.” - -“Have you ever served as a juror in a criminal case, Mr. Sampson?” - inquired the lawyer. Sampson had turned pink under the Court's mild -irony. - -“No,” he answered, and glanced at Miss Hildebrand, expecting to see a -gleam of amusement in her eyes. She was regarding him quite solemnly, -however. - -“You are a Harvard man, I believe, Mr. Sampson?” - -“Yes.” - -“If it should be shown that this defendant is also a Harvard graduate, -would that fact serve to prejudice you in his favour?” - -“Certainly not,” said Sampson, warmly. This was _too_ much! - -“What is your business, Mr. Sampson?” - -“I am connected with the Sampson Steamship and Navigation Company.” - -“In what capacity?” - -“I am its president.” - -“You are, I believe, the son of the late Peter Stuyvesant Sampson, -founder of the company?” - -“I am.” - -“The only son?” - -“And heir,” said Sampson curtly. “I inherited my job, if that's what you -are trying to get at. And it is more or less of an honorary position, if -that will help you any. I am president of the company because I happen -to own all but five shares of the capital stock, and not because I -really want to hold, or because I am in any sense competent to fill the -office. Now you know all that there is to know about my connection with -the company.” - -“Thanks,” said the assistant district attorney, drily. “And now, Mr. -Sampson, could you sit as a juror in this case and give, on your honour -as a man, despite a very natural sympathy that may be aroused for this -aged defendant, a verdict in favour of the State if it is proved to you -beyond all doubt that he is guilty as charged?” - -There was but one answer that Sampson could give. He felt exceedingly -sorry for himself. “Yes.” Then he made haste to qualify: “Provided, as I -said before, that there are no extenuating circumstances.” - -“But you would not deliberately discharge a guilty man just because you -happened to feel sorry for him, would you? We, as individuals, are all -sorry for the person we are obliged to punish, Mr. Sampson. But the -law is never sorry. The mere fact that one man disregards the law is no -reason why the rest of us should do the same, is it?” - -“Of course not,” said Sampson, feeling himself in a trap. - -“The State asks no more of you than you would, as a citizen, ask of -the State, Mr. Sampson. The fact that this defendant, after five years, -voluntarily surrendered himself to the authorities--would that have any -effect on your feelings?” - -“Yes, it would. I should certainly take that into consideration. As a -citizen, I could not ask more of any man than that he surrender himself -to my State if it couldn't catch him.” - -The Court tapped with his pencil, and a raucous voice from somewhere -called for order. - -“Are you a married man, Mr. Sampson?” - -“I am not.” - -“The State is satisfied,” said the assistant district attorney, and sat -down. - -Sampson caught his breath. Satisfied? It meant that he was acceptable -to the State! After all he had said, he was acceptable to the State. He -could hardly believe his ears. Landed! Landed, that's what it meant. The -defence would take him like a shot. A cold perspiration burst out all -over him. And while he was still wondering how the district attorney -could have entrusted the case to such an incompetent subordinate, -counsel for the defence began to ply him with questions--perfunctory, -ponderous questions that might have been omitted, for any one with half -an eye could see that Sampson was doomed the instant the State said it -was satisfied. - -His spirit was gone. He recognised the inevitable; in a dazed sort of -way he answered the questions, usually in monosyllables and utterly -without spunk. Miss Hildebrand was no longer resting her elbows on -the table in front of her in an attitude of suspense. She was leaning -comfortably back in her chair, her head cocked a little to one side, -and she gazed serenely at the topmost pane of glass in the tall window -behind the jury box. She appeared to be completely satisfied. - -He saw the two lawyers lean across the table in consultation with the -prisoner and his granddaughter, their heads close together. They were -discussing him as if he were the criminal in the case. Miss Hildebrand -peered at him as she whispered something in her grandfather's ear, and -then he caught a fleeting, though friendly smile in her eyes. He -was reminded, in spite of his extreme discomfiture, that she was an -amazingly pretty girl. - -“No challenge,” said the defendant's attorney, and Sampson was told to -take seat No. 3 in the jury box. - -“Defendant, look upon the juror. Juror, look upon the defendant,” said -the clerk, and with his hand on the Bible Sampson took the oath to -render a true verdict according to the law and the evidence, all the -while looking straight into the eyes of the gaunt old man who stood and -looked at him wearily, drearily, as if from a distance that rendered his -vision useless. - -Then Sampson sank awkwardly into the third seat, and sighed so -profoundly that juror No. 2 chuckled. - -He certainly was in for it now. - - - - -CHAPTER II - -You needn't pack,” said Sampson to his valet that evening. “I'm stuck.” - -“Stuck, sir?” - -“Caught on the jury, Turple. Landed at last. But,” he sighed, “I've -given 'em a good run though, haven't I?” - -“You 'ave, sir. I dare say you will like it 'owever, now that you've -been stuck, as you say. My father, when he was alive, was very fond -of serving on the juries, sir. He was constantly being 'ad up in small -cases, and it was 'is greatest ham--ambition to get a whack at a good -'orrifying murder trial. I 'ope as 'ow you 'ave been stuck on a murder -case, sir. In England we--” - -“It isn't a murder case. Merely embezzlement. But I must not discuss the -case, Turple, not even with you.” - -“What a pity, sir. You usually consult me about any think that--” - -“Call up the New York Central office at Thirtieth Street and cancel my -reservations, and lay out a blue serge suit for to-morrow.” - -“Isn't it a bit coolish to be wearing a serge--” - -“Those court-rooms are frightfully close, Turple. A blue serge.'' - -“You look better in a blue serge than anythink you--” - -“It is comfort, not looks, that I'm after, Turple,” explained Sampson, -who perhaps lied. - -“Sets a man off as no other goods--I beg pardon, sir. I will call up the -booking office at once, sir. The blue serge, sir?” - -“The blue serge,” said Sampson, brightly. “Anythink else, sir?” - -Sampson grew facetious. “You might give me a shirt and a collar and a -necktie, Turple.” The man bowed gravely and retreated. His master, moved -by an increasing exhilaration, called after him: “I might also suggest a -pair of shoes and--well, you know what else I'm in the habit of wearing -in the daytime.” - -Turple, knowing his master's feelings about jury service, was very much -amazed later on to hear him whistling cheerily as he made preparations -for a dinner engagement. The mere thought of a jury, heretofore, had -created in his master a mood provocative of blasphemy, and here he -was--actually “landed,” as he had put it himself--whistling as gaily as -a meadow lark. Turple shook his head, completely puzzled, for he also -knew his master to be a most abstemious man. In all his three years -of association with his employer he had never known him to take a -nip during the daytime, and that is what Turple called being most -abstemious. - -The next morning Sampson, instead of hanging back aggrievedly as was -his wont, was in the court-room bright and early--(half an hour ahead of -time, in fact)--and he never looked fresher, handsomer or more full -of the joy of living. He passed the time of day with the attendants, -chatted agreeably with No. 2, who also came in early, and subsequently -listened politely to the worries of No. 5, a chubby-faced bachelor -who couldn't for the life of him understand why the deuce manicurers -persisted in cutting the cuticle after having been warned not to do so. - -He rather pitied No. 7, who appeared in a cutaway coat a trifle too -small for his person and a very high collar that attracted a great deal -of attention from its wearer if from no one else. No. 7, he recalled, -had been quite indifferently garbed the day before: a shiny, well-worn -sack coat, trousers that had not been pressed since the day they left -the department store, and a “turndown” collar that had been through the -“mangle” no less than a hundred times--and should have been in one at -that instant instead of around his neck. No. 7 was also minus a three -days' growth of beard. - -Everybody seemed bright and cheerful. There were still two more jurors -to be secured when court convened. Never in all his experience had -Sampson seen a judge on the bench who behaved so beautifully as this -one. He looked as though he never had had a grouch in his life, and as -if he really enjoyed listening to the same old questions over and over -again. Occasionally he interjected a question or an interpolation that -must have been witty, for he graciously permitted his hearers to -laugh with him; and at no time was he cross or domineering. His hair, -carefully brushed, was sleekly plastered into an enduring neatness, and -his moustache was never so smartly trimmed and twisted as it was on this -sprightly morning. One might have been led into believing that it was -not winter but early spring. - -The deputy clerk had taken too much pains in shaving himself that -morning, for in his desire to scrape closely in the laudable effort -to curb the sandy growth on his cheek and chin, he had managed to do -something that called for the application of a long strip of pale pink -court-plaster immediately in front of his left ear. He was particular -about turning the other cheek, however, so that unless you walked -completely around him you wouldn't have noticed the court-plaster. The -attendants, noted for their untidiness, were perceptibly spruced up. If -any one of them was chewing tobacco, he managed to disguise the fact. - -The only person in the court-room, aside from the prisoner himself, -who had not changed for the better over night, was Miss Alexandra -Hildebrand. She could not have changed for the better if she had tried. -When she took her seat beside her grandfather, she was attired as on the -day before. Her cool, appraising eyes swept the jury box. More than -one occupant of that despised pen felt conscious of his sartorial -rehabilitation. A faint smile appeared at the corners of her adorable -mouth. Even Sampson, the proud and elegant Sampson, wondered what there -was for her to smile at. - -Being utterly disinterested in the composition of the jury of which he -was an integral part, Sampson paid not the slightest attention to the -process of rounding out the even dozen. While counsel struggled over the -selection of talesmen to fill the two vacant places, he devoted himself -to the study of Miss Hildebrand. This study was necessarily of a -surreptitious character, and was interrupted from time to time by the -divergence of the young lady's attention from the men who were being -examined to those already accepted. At such times, Sampson shifted his -gaze quickly. In two instances he was not quite swift enough, and she -caught him at it. He was very much annoyed with himself. Of course, she -would put him in a class with the other members of the jury, and that -was a distinction not to be coveted. They were very honest, reliable -fellows, no doubt, but Heaven knows they were not well-bred. No -well-bred man would stare at Miss Hildebrand as No. 4 was staring, and -certainly No. 7 was the most unmannerly person he bad ever seen. The -fellow sat with his mouth open half the time, his lips hanging limp in -a fixed fatuous smile, bis gaze never wavering. Sampson took the trouble -to dissect No. 7's visage--in some exasperation, it may be said. He -found that he had a receding chin and prominent upper teeth. Just the -sort of a fellow, thought Sampson, who was sure to consider himself -attractive to women. - -Miss Hildebrand was twenty-four or -five, he concluded. She was neither -tall nor short, nor was she what one would describe as fashionably -emaciated. Indeed, she was singularly without angles of any description. -Her hair was brown and naturally wavy--at least, so said Sampson, poor -simpleton--and it grew about her neck and temples in a most alluring -manner. Her eyes were clear and dark and amazingly intelligent. Sampson -repented at once of the word intelligent, but he couldn't think of a -satisfactory synonym. Intelligent, he reflected, is a word applied only -to the optics of dumb brutes--such as dogs, foxes, raccoons and the -like--and to homely young women with brains. Understanding--that was the -word he meant to use--she had understanding eyes, and they were shaded -by very long and beautiful lashes. - -Her chin was firm and delicate, her mouth--well, it was a mouth that -would bear watching, it had so many imperilling charms. - -Her nose? Sampson hadn't the faintest idea how to describe a nose. -Noses, he maintained, are industrial or economic devices provided by -nature for the sole purpose of harbouring colds, and are either lovely -or horrid. There is no intermediate class in noses. You either have -a nose that is fearfully noticeable or you have one that isn't. A -noticeable nose is one that completely and adequately describes itself, -sparing you the effort, while the other kind of a nose--such as Miss -Hildebrand's--is one that you wouldn't see at all unless you made an -especial business of it. That sort of a nose is simply a part of one's -face. There are faces, on the other hand, as you know, that are merely a -part of one's nose. - -His rather hasty analysis of yesterday was supported by the more -deliberate observations of to-day. She was a cool-headed, discerning -young woman, and not offensively clever as so many of her sex prove -to be when it is revealed to them that they possess the power to -concentrate the attention of men. Her interest in the proceedings was -keen and extremely one-sided. She was not at all interested in the men -who failed to come up to her notion of what a juror ought to be. It was -always she who put the final stamp of approval on the jurors selected. -Two or three times she unmistakably overcame the contentions of her -grandfather's counsel, and men got into the box who, without her -support, would have been challenged--and rightly, too, thought Sampson. -No. 7 for instance. He certainly was not an ideal juror for the -defendant, thought Sampson. And the fat little bachelor--why, he -actually had admitted under oath that he knew the district attorney -and a number of his assistants, and was a graduate of Yale. But Miss -Hildebrand picked him as a satisfactory juror. - -Sampson's reflections--or perhaps his ruminations--were brought to an -end by the completion of the jury. The last man accepted was a callow -young chap with eye-glasses, who confessed to being an automobile -salesman. - -They were sworn immediately and then the senior counsel for the State -arose and announced that he had no desire to keep the jury confined -during the course of the trial; the State was satisfied to allow the -members to go to their own homes over night if the defence had no -objections. Promptly the attorneys for the defendant, evidently scenting -something unusual, put their heads together and whispered. A moment -later one of them got up and said that the defence would take the -unusual course of asking that the jury be put in charge of bailiffs. He -did not get very far in his remarks, however. Miss Hildebrand's eyes had -swept the jury box from end to end. She observed the look of dismay that -leaped into the faces of the entire dozen. Sampson had a queer notion -that she looked at him longer than at the others, and that her gaze was -rather penetrating. An instant later she was whispering in the ear of -the second lawyer, and--well, they were all in conference again. After -a period of uncertainty for the victims, the first lawyer, smiling -benignly now, withdrew his motion to confine the jury, and graciously -signified that the defence was ready to proceed. - -The first witness for the State was a Mr. Stevens. Sampson was sure from -the beginning that he wasn't going to like Mr. Stevens. He was a prim, -rather precious gentleman of forty-five, with a fond look in his eye -and a way of putting the tips of his four fingers and two thumbs together -that greatly enhanced the value of the aforesaid look. In addition to -these mild charms of person, he had what Sampson always described as -a “prissy” manner of speaking. No. 4 made a friend of Sampson by -whispering--against the rules, and behind his hand, of course--that he'd -like to “slap the witness on the wrist.” Sampson whispered back that -he'd probably break his watch if he did. - -Anyhow, Mr. Stevens was recognised at once as the principal witness -for the State. He was the head of the company that had suffered by the -alleged peculations of Mr. Hildebrand. Ably assisted by the district -attorney, the witness revealed the whole history of the Cornwallis -Realty and Investment Company. - -James Hildebrand was its founder, some thirty years prior to his -surreptitious retirement, and for the first twenty years of its -existence he was its president. At the end of that period in the history -of the thriving and honourable business, Mr. Stevens became an active -and important member of the firm through the death of his father, who -had long been associated with Mr. Hildebrand as a partner. The other -partners were John L. Drew, Joseph Schoolcraft, Henry R. Kauffman and -James Hildebrand, Jr., the son of the president. The business, according -to Mr. Stevens, was then being conducted along “back number” lines. It -became necessary and expedient to introduce fresh, vigorous, up-to-date -methods in order to compete successfully with younger and more -enterprising concerns. (On cross-examination, Mr. Stevens admitted -that the company was not making money fast enough.) The defendant, it -appears, was a conservative. He held out stubbornly for the old, obsolete -methods, and, the concern being incorporated, it was the wisdom of -the other members (Hildebrand, Jr., dissenting) that a complete -reorganisation be perfected. The witness was made president, Mr. Drew -vice-president, and Mr. Hildebrand secretary and treasurer, without bond. -His son withdrew from the company altogether, repairing to Colorado for -residence, dying there three years later. - -The defendant, individually and apart from his holdings in the company, -owned considerable real-estate on Manhattan Island. His income, aside -from his salary and his share of profits in the business, was derived -from rentals and leaseholds on these several pieces of property. Values -in certain districts of New York fell off materially when business -shifted from old established centres and wended its fickle way -northward. Mr. Hildebrand was hard hit by the exodus. His investments -became a burden instead of a help and ultimately he was obliged to make -serious sacrifices. He sold his downtown property. The depreciation was -deplorable, Mr. Stevens admitted. - -The former president of the company soon found himself in straitened -circumstances. He was no longer well-to-do and prosperous; instead, he -was confronted by conditions which made it extremely difficult for him -to retain his considerable interest in the business. The company at this -stage in the affairs of their secretary and treasurer, proffered help -to him in what Mr. Stevens considered an extremely liberal way. It was -proposed that Mr. Hildebrand sell out his interest in the company to the -witness and his brother-in-law, Mr. Drew, they agreeing to take all of -his stock at a figure little short of par, notwithstanding it was a very -bad year--1907, to be precise. - -The defendant refused to sell. Subsequently he reconsidered, and they -took over his stock, excepting five shares which he retained for obvious -reasons, and he was paid in cash forty-four thousand dollars for the -remaining forty shares. Mr. Stevens already had purchased, at a much -higher price, the fifteen shares belonging to James Hildebrand, Jr. The -defendant was to retain the position of secretary and treasurer at a -fixed salary of six thousand dollars a year. - -In brief--although the district attorney was a long time in getting it -all out of Mr. Stevens--it was not until 1908 that the bomb burst and -the company awoke to the fact that its treasury was being, or to put -it exactly, had been systematically robbed of a great many thousands -of dollars. Experts were secretly put to work on the books and after -several weeks they reported that at one time the total shortage had -reached a figure in excess of ninety-five thousand dollars, but that -this amount had been reduced by the restoration of approximately fifty -thousand dollars during a period covering the eleven months immediately -preceding the investigation. It was established beyond all question that -the clerks and bookkeepers in the office were absolutely guiltless, and, -to the profound distress of the directors, the detectives employed on -the case declared in no uncertain terms that there was but one man who -could explain the shortage. That man was the former president of this -old and reliable concern, James W. Hildebrand. - -To avoid a scandal and also to spare if possible the man they all loved -and respected, Mr. Stevens was authorised by the other directors to -effect a compromise of some sort whereby the company might regain -at least a portion of the funds on the promise not to prosecute. The -defendant, however, had got wind of the discovery, and, to the utter -dismay of his friends, fled like a thief in the night. Mr. Stevens did -not have the chance to see him. - -The defalcation was not made public for several weeks. An effort was -made to get in touch with the fugitive, in the hope that he could be -induced to return without being subjected to open disgrace, but he had -vanished so completely that at first it was feared he had made way with -himself. He was at the time a widower, his wife having died many years -before. His son James was the only child of that marriage, and he was -living--or rather dying, in Colorado. Private detectives watched the -home and the movements of the son for some weeks, hoping to obtain a -clue to the old man's whereabouts. - -Then, out of a clear sky, as it were, came letters to each of the -stockholders, posted in Paris and written by the fugitive. In these -letters he made the most unfair charges against the witness and against -Mr. Drew. Without in any way attempting to explain, confess or express -regret for his own defection, he horrified both Mr. Stevens and Mr. Drew -with the staggering accusation that they had tricked him into selling -certain downtown property at an outrageously low figure, when they knew -at the time of the transaction that an insurance company had its eye on -the property with the view to erecting two mammoth office buildings -on the ground. Subsequent events, declared the writer, bore out his -contention, for it was on record that his two partners did sell to the -insurance company for nearly ten times the amount they had paid him for -the property; and, moreover, at that very moment two large buildings -were standing on the ground that had once been occupied by his ancient -and insignificant six story structures. - -In so many words, this old defaulter (to use Mr. Stevens' surprisingly -acid words) deliberately sought to discredit them in the eyes of their -fellow-directors and stockholders. He accused them of foul methods and -actually had the effrontery to warn all those interested in the business -with them to be on their guard or they would be tricked as he had been. -(Note: One of these letters, now five years old, was introduced in -evidence as Exhibit A.) - -Sampson afterwards found himself marvelling over the assistant district -attorney's stupidity in introducing this particular bit of evidence. It -was the cross-examination that opened his eyes to the atrocious mistake -the State had made in volunteering the evidence touching upon the -real-estate transaction. - -This extraordinary behaviour on the part of the defendant quite -naturally irritated--(Mr. Stevens would not say infuriated, although Mr. -O'Brien, on cross-examination, tried his level best to make him use the -word)--both the witness and Mr. Drew, who felt that their honour -had been vilely attacked. They had no difficulty in convincing their -partners and other interested persons that the charge was ridiculous and -made solely for the purpose of enlisting their sympathy in behalf of one -they were now forced to describe as a cowardly criminal and no longer as -a misguided unfortunate. - -It was then, and then only, that the witness and Mr. Drew took the -matter before the Grand Jury and obtained the indictment against the -defendant. - -Having covered the preliminary stages of the case pretty thoroughly, -Mr. Stevens was required to tell all that he knew about the actual -misappropriation of the funds. This he did with exceeding clarity and -sorrow. However, despite his mildness, he did not leave a shred of Mr. -Hildebrand's honour untouched; he had it in tatters by mid-afternoon and -at four o'clock, when court adjourned, there wasn't anything left of it -at all. - -Sampson was gloomy that night. He did not go to sleep until long after -two, although he went to bed at eleven--an unspeakably early hour for -him. Things certainly looked black for the old man. If Stevens was to -be believed, James Hildebrand was a most stupendous rascal. And yet, -to look at him--to study his fine, gentle old face, his tired but -unwavering eyes, his singularly unrepentant mien--one could hardly -be blamed for doubting the man's capacity for doing the evil and -reprehensible deed that was laid at his door. Sampson hated to think of -him as guilty. More than that, he hated to have Miss Hildebrand think -that he thought of him as guilty. - -He laid awake for three mortal hours trying to think what Miss -Hildebrand meant by looking at him as she did from time to time. Not -once but a score of times her gaze met bis--usually after a damaging -reply by Mr. Stevens, or some objectionable question by the district -attorney--and always she appeared to be intent on divining, if possible, -just what its effect would be on him. - -Her clear, soft eyes looked straight into his for an instant, and he saw -something in them that he took for anxiety. That was all: just anxiety. -It couldn't, of course, be anything else--and, why shouldn't she be -anxious? Anybody would be under the circumstances. As a matter of fact, -he was a little anxious himself, and certainly he was not as vitally -interested as she in the welfare of James W. Hildebrand. But after -thinking it all over again, he wasn't so sure that it was anxiety. He -was forced to believe that she looked confident, almost serene--as -if there was not the slightest doubt in her mind that her grandfather -couldn't possibly have done a single one of the things that Mr. Stevens -accused him of doing. - -Sampson was perturbed. He couldn't divest himself of the suspicion that -she expected him to also disbelieve every word that the witness uttered. -It was most upsetting. He made up his mind that he would not look at her -at all on the following day. But even that resolution didn't put him to -sleep. Not at all. The more he thought of it, the wider awake he became. - -True, she had looked at the other jurors from time to time--especially -at the rehabilitated No. 7, the rubicund bachelor and the spectacled No. -12. But he was sure that she did not look at them in the same way that -she looked at him, nor as often, nor as long. It seemed to him that even -when she looked at the others, she always allowed her glance to return -to him for an instant after its somewhat indifferent tour of inspection. -He remembered indulging in a rather close and critical inspection of -the countenances of his fellow jurors at one time, during a lull in the -proceedings, and that calculating but not unkind scrutiny convinced him -of one thing: they certainly were not much to look at. - -The more he thought about it, the more it was revealed to him that the -expression in her eyes was of a questioning, inquiring nature, as -one who might be saying to herself: are these men--or this one, in -particular--entirely devoid of intelligence? - -He was four minutes late in court the next morning, and it was all -the fault of the too indulgent Turple. Turple, being a sagacious and -faithful menial, respectfully neglected to disturb his master's slumber -until after nine o'clock, and as a result Sampson had to go without -his breakfast and almost without his shave in order to get down to the -court-room in time. Turple received emphatic orders to rout him out of -bed at seven o'clock every morning after that, no matter how bitterly he -was abused for doing so. - -He was out of breath when he dropped into his chair in the jury box, -expecting and dreading a rebuke from the Court for his tardiness. -He glanced at Miss Alexandra Hildebrand, almost apologetically. It -certainly was not relief that he felt on discovering that she was paying -no attention whatever to him. She was engaged in consultation with the -two lawyers and did not even so much as glance in his direction when he -popped into his seat. - -The justice was still on his good behaviour. He bowed politely to -Sampson and then looked at the clock. - -The cross-examination of Mr. Stevens began. Sampson was agreeably -surprised by the astuteness, the suavity, the unexpected resourcefulness -of Mr. O'Brien, who questioned the witness. - -“You say, Mr. Stevens, that James Hildebrand, Jr., retired from the -company about two years prior to the retirement of his father, the -defendant. Why did the younger Hildebrand retire?” - -“He was not satisfied with the reorganisation.” - -“Isn't it true that you and he were not on friendly terms and that he -refused to serve with you--” - -“We object!” interrupted the district attorney. “The question is not--” - -“Objection overruled,” said the Court testily. “Finish your question, -Mr. O'Brien, and then answer it, Mr. Witness.” - -“We were not on friendly terms,” admitted Mr. Stevens, who looked -vaguely surprised on being addressed as “Mr. Witness.” - -“And he preferred to get out of the company rather than to serve on the -board with you? Isn't that true?” - -“I cannot answer that question. I can only say that he disposed of his -interests and retired.” - -“Who purchased his stock?” - -“Mr. Schoolcraft, one of the directors.” - -“Who owns that stock to-day?” - -“I do.” - -“When did you purchase it of Mr. Schoolcraft?” - -“I do not remember.” - -“Was it a week, a month or a year after the original sale?” - -“A couple of months, I suppose.” - -“Do you know what Mr. Schoolcraft paid for that stock?” - -“I do not.” - -“You do know what you paid him for it, however?” - -“I paid ninety-five and a fraction for it.” - -“Didn't you buy twenty shares of Mr. Schoolcraft's stock at the same -time?” - -“I did.” - -“Did you pay ninety-five and a fraction for the Schoolcraft stock?” - -“I think I paid a little more than that.” - -“Didn't you pay one-twenty-seven for the Schoolcraft stock, Mr. -Stevens?” - -“I may have paid that much. Mr. Schoolcraft was not eager to sell. He -held out for a stiff price.” - -“He owned the Hildebrand stock, didn't he? Why should he sell fifteen -shares at ninety-five and a fraction when he might just as well have had -one-twenty-seven?” - -“We object,” said the district attorney mildly. - -“State your objection,” said the Court. “Incompetent and irrevelant and -having no possible bearing on the subject--” - -“Withdraw the question,” said Mr. O'Brien suavely. “Did you not offer -James Hildebrand, Jr., one-ten for his stock, Mr. Stevens, through his -father? I say 'through his father' because you were not on speaking -terms with the son?” - -“I think I did.” - -“And didn't young Hildebrand send word that he wouldn't sell to you at -any price?” - -“Something of the sort. He was unreasonable.” - -“You were, therefore, very much surprised and gratified to get it at -ninety-five and a fraction from Mr. Schoolcraft later on, were you not?” - -“I was not surprised,” confessed Mr. Stevens, separating his finger tips -for the first time, and shifting his position so that he could fold his -arms comfortably. “Mr. Schoolcraft bought the stock for me. There was no -secret about it. Hildebrand must have known that Schoolcraft was acting -for me. I was fair enough to offer him one-ten. It is not my fault that -he was eventually forced to sell fifteen points lower. I was not to -blame because he was hard-pressed or pinched for ready money.” - -“He was a sick man, wasn't he?” - -“His health was poor.” - -“He was ordered to Colorado by his physicians, wasn't he?” - -“I believe so.” - -“And wasn't that the real reason why he was forced to sell out, and not -because he objected to the reorganisation?” - -“We object,” said the Stated attorney. “Objection sustained.” - -Sampson looked at Miss Hildebrand. Her gaze shifted from the Court to -him almost in the same instant, and it seemed to express astonishment, -even incredulity--as if she were saying (although he was sure she would -not have expressed herself so vulgarly): “Well, can you beat that!” - -“And now, Mr. Stevens,” went on Mr. O'Brien, after taking the usual -exception, “you testified in direct examination that you and Mr. Drew -purchased the defendant's Manhattan property. Did you buy it for -the Cornwallis Realty and Investment Company, or for yourselves as -individuals?” - -“We bought it for ourselves, as individuals.” - -“The company was not interested in the transaction?” - -“No.” - -“Did you first give the company an opportunity to buy, or did you--” - -“I said it was a private transaction. We have interests outside of -the company, sir--just as you have interests outside of your legal -business,” said the witness tartly. - -“I see. Well, Mr. Hildebrand was pressed for money at the time of the -transaction, I believe you have said. This was some time before the -alleged defalcation took place, I understand.” - -“A year and a half prior to our discovery of the theft,” corrected Mr. -Stevens. - -“And you have testified that the so-called theft dated back even beyond -that, at its beginning.” - -“So the expert accountants informed us. I have no means of knowing for -myself.'' - -“And it was your conclusion that he sold his property in the effort to -rehabilitate himself before his misfortune was discovered?” - -“I did not allude to it as a misfortune, sir.” - -“Well, then, his crime.” - -“I have said that such was my conclusion.” - -“Will you again, state just what you paid for the property in question?” - -“We paid two hundred thousand dollars for the two pieces.” - -“Cash?” - -“Part in cash and part in an exchange for property in the Bronx. Sixty -thousand in cash. The Bronx property is in the shape of building lots, -valued at more than two hundred thousand dollars.” - -“Then or now?” - -“Then _and_ now, sir.” - -“State, if you know, does Mr. Hildebrand still own this Bronx property?” - -“I believe it is in his name.” - -“And it is still worth two hundred thousand dollars?” - -“It is worth a great deal more, sir.” - -“I see. Now, Mr. Stevens, you have testified that this defendant wrote -letters to the several members of your corporation, advising them that -you and Mr. Drew had sold this downtown property to an insurance -company for ten times as much as you paid him for it. Was Mr. Hildebrand -uttering the truth when he made that assertion?” - -“Am I obliged to answer that question, your Honour?” - -“Yes. It is a very simple question,” said the Court drily, giving his -moustache a gentle twist. - -“We received one million eight hundred thousand for the property,” said -Mr. Stevens, defiantly. - -“Cash?” - -“Yes.” - -“You didn't take any Bronx property in exchange?” - -“Certainly not.” - -“How long was this after the time you purchased the property?” - -“About two years.” - -“Isn't it true that you were offered a million dollars for the property -two weeks after you bought it?” - -“What has all this got to do with the case?” - -“You can say yes or no, can't you, Mr. Stevens?” - -“I shall say no, then. We were approached by persons representing the -insurance company, but they made no bona fide offer.” - -“They asked you if a million would tempt you, though, didn't they?” - -“I don't remember.” - -“In any event, you told them that you held the property at two millions, -didn't you? That was your price?” - -“It was our price, yes.” - -“And you held off selling until they finally came to your terms--or -nearly up to them--and then you sold?” - -“We sold when we were ready, Mr. O'Brien.” - -“I see. Did you know before purchasing Mr. Hildebrand's property that -this insurance company was desirous of buying it for building purposes?” - -“Object!” interposed the district attorney. “Objection sustained,” said -the Court. - -Again Sampson, who was enjoying Mr. Stevens' discomfiture, looked at -Miss Hildebrand. Simultaneously eleven other gentlemen sitting in two -parallel rows, looked at her. She may have found it too difficult to -look at all of them at once, so she confined her gaze to Sampson, who -felt in duty hound--as a juror sworn to be fair and impartial--to look -the other way as quickly as possible. He was sorry that he was obliged -to do this, for there was something in her eyes that warranted quite a -little time for analysis. - -The cross-examination proceeded. Sampson, resolutely directed his gaze -out of its natural channel and devoted a great deal more attention to -the witness than he felt that the witness deserved. He could not help -feeling, however, that he was treating Miss Hildebrand with unnecessary -boorishness. No doubt she looked at him from time to time, and she -must have felt a little bit hurt, not to say offended--by his somewhat -conspicuous indifference. - -Suddenly he pricked up his ears. Mr. O'Brien had put to the witness a -question that had something of a personal interest in it. - -“James Hildebrand, Jr., lost his wife in 1906, did he not, Mr. Stevens?” - -“I don't remember the year.” - -“You remember when he was married, however, do you not?” - -“I can't say. I think it was in 1888.” The witness had turned a rather -sickly green. He spoke with an effort. - -“The year after you and he graduated from college, wasn't it?” - -“We were in the class of '87.” - -“You are still unmarried, I believe, Mr. Stevens?” - -“I am unmarried, sir,” said the witness, sitting up a little straighter -in the chair. - -“Did you know Miss Katherine Alexander before she was married to James -Hildebrand?” - -“I did,” said Stevens, his face set. - -Sampson ventured a swift look at Alexandra Hildebrand. She was looking -down at the table, her face half averted. It struck him as exceedingly -brutal of Mr. O'Brien to drag this poor girl's dead mother into the -public light of--But the lawyer asked another question. - -“You and young Mr. Hildebrand remained friends for a number of years -after his marriage, did you not?” - -“I always thought so.” - -“You never bore him any ill will?” - -“What do you mean?” - -“I withdraw the question. When was it that you and James Hildebrand, -Jr., ceased to be friends?” - -“I--I don't know. I cannot go into that matter, Mr. O'Brien. I--” Mr. -Stevens was visibly distressed. - -“Wasn't it in 1895 that you and he ceased to be friends?” persisted the -lawyer. - -“There was a terrible misunderstanding, I--that is, I should say--” - -“In 1895, wasn't it?” - -“I think so.” Mr. Stevens was perspiring. He looked beseechingly at the -district attorney, who happened to be gazing pensively out of the window -at the time. - -“You were a frequent and welcome visitor at young Hildebrand's home up -to 1895, weren't you?” - -“It was through no fault of mine that the friendship was broken off. Mr. -Hildebrand behaved in a most outrageous manner toward me.” - -“Isn't it true, Mr. Stevens, that Mr. Hildebrand ordered you out of his -house and told you that you were not to enter it again?” - -“Mr. Hildebrand grievously misunderstood my--” - -“Answer the question, please. Were you not ordered out of your friend's -house?” - -“Am I obliged, your Honour, to answer--” - -“Answer yes or no,” said the Court, leaning forward and fixing the -witness with a very severe stare. (Sampson regarded him as distinctly -human, after all.) Miss Hildebrand's, eyes were still lowered. The aged -prisoner, however, was looking a hole through the now miserable witness. - -“He threatened to kill me,” exclaimed Stevens violently. “He acted like -a crazy man over a perfectly innocent--” - -“He ordered you out, didn't he?” came the deadly question. - -Mr. Stevens swallowed hard. “Yes.” - -“And you maintain that he took that step because he misunderstood -something or other, eh?” - -“Most certainly.” - -“Well, what was it he misunderstood?” - -“I must decline to answer. I stand on my rights.” - -“Wasn't it because Mrs. Hildebrand complained to him that you had -been--er--unnecessarily offensive to her?” - -“I decline to answer.” - -“In any event, you never entered his house again, and you never spoke to -him or his wife after that. Isn't that true?' - -“I was justified in ignoring both of them. They insulted me most--” - -“I understand, Mr. Stevens. We will drop the matter. I have no desire -to cause you unnecessary pain. Now will you be good enough to state -when you first noticed that there was something wrong with the books -and accounts of the defendant? What first caused you to suspect that the -funds were being juggled, as you put it in the direct examination?” - -Mr. Stevens had an easier time of it after that. He resumed his placid, -kindly air, and maintained it to the end, although a keen observer -might have observed an uneasy respect for Mr. O'Brien. He appeared to be -relieved when the examination was concluded. - -Sampson went out to luncheon in a more cheerful frame of mind. It -was quite clear to every one that Mr. Stevens was guilty, at least -circumstantially, of conduct unbecoming a gentleman. - - - - -CHAPTER III - -Two days went by. Mr. Drew, Mr. Schoolcraft and Mr. Kauffman were -examined and cross-examined, and after them came the first of the expert -accountants employed to go over the books. The situation continued to -look black for Mr. Hildebrand--if anything a little blacker, for neither -of the foregoing witnesses appeared to have been guilty of offending -a lady to such an extent that her husband had to order him out of the -house. - -Mr. Drew received considerable unpleasant attention from the defendant's -counsel, but he came through pretty comfortably. He admitted that he -“cleaned up more than half a million” on the deal with the insurance -company, and that he was the husband of Mr. Stevens' sister. He always -had been sorry for Mr. Hildebrand, and even now was without animus. Mr. -Schoolcraft acknowledged buying and selling the younger Hildebrand's -shares, but was positive that there had been no collusion with Mr. -Stevens. - -The case began to drag. Sampson lost interest. He attended strictly and -no doubt diligently to the evidence, but when the expert accountants -began to testify he found himself considerably at sea. He was not good -at figures. They made him restless. The rest of the jury appeared to be -similarly afflicted. Politeness alone kept them from yawning. Afterwards -it was revealed that only one of the twelve was good at figures of any -sort: the automobile salesman. He was a perfect marvel at statistics. He -could tell you how many miles it is from New York to Oswego without even -calculating, and he knew to a fraction the difference in the upkeep of -all the known brands of automobiles in America. He made Sampson tired. - -Despite the damaging testimony that seemed surely to be strangling her -grandfather's chances for escape, Miss Hildebrand revealed no sign of -despair, or defeat. She came in each morning as serene as a May evening, -and she left the court-room in the afternoon with a mien as untroubled -as when she entered it. . - -There was quite a little flutter in the jury box--and outside of it, -for that matter--when, on the third morning, she appeared in a complete -change of costume--a greyish, modish sort of thing, Sampson would have -told you--very smart and trig and comforting to the masculine eye. -Sampson who knew more than any of his companions about such things, -remarked (to himself, of course)--that her furs were chinchilla. -Chinchilla is nothing if not convincing. - -It struck him, as he took her in--(she was standing, straight and slim, -conversing with that beardless cub of an assistant-assistant district -attorney)--that she was, if such a thing were possible, even lovelier -than she was in the other gown. No doubt Sampson failed in his sense of -proportion. She was undeniably lovelier today than yesterday, and she -would continue to go on being prettier from day to day, no matter what -manner of gown she wore. - -It also occurred to him that the young assistant-assistant was -singularly unprofessional, if not actually fresh, in dragging her into a -conversation that must have been distasteful to her. He wondered how she -could smile so agreeably and so enchantingly over the stupid things the -fellow was saying. - -Near the close of the noon recess he was constrained to reprove No. -7 for an act that might have created serious complications. He was -standing in the rotunda finishing his third cigarette, when Miss -Hildebrand approached on her way to the court-room. It had been his -practice--and it was commendable--to refrain from staring at her on -occasions such as this. A rather low order of intelligence prevented -his fellow jurors from according her the same consideration. They stared -without blinking until she disappeared from view. - -Now, No. 7 meant no harm, and yet he so far forgot himself that he -doffed his hat to her as she passed. Fortunately she was not looking in -his direction. As a matter of fact, she never even so much as noticed -the nine or ten jurors who strewed her path. No. 7 was mistaken, there -can be no doubt about that. He thought she looked at him instead of -through him, and in his excitement he grabbed for his hat. Perhaps -he hoped for a smile of recognition, and, if not that, a smile of -amusement. He would have been grateful in either case. - -“Don't do that,” whispered Sampson, gruffly. - -“Why not?” demanded No. 7, blinking his eyes. “No harm in being a -gentleman, is there?” - -“You must not be seen speaking to her--or to any one of the interested -parties, for that matter. Do you want to have her accused of bribery -or--er--complicity?” - -“I thought she was going to speak to me,” stammered No. 7. - -“Well, she wasn't. She has too much sense for that. Good Lord, if -counsel for the State saw you doing that sort of thing, they'd suspect -something in a second.” - -“Haven't you read about those jury-fixing scandals?” exclaimed the -chubby bachelor, surprisingly red in the face. He had almost reached his -own hat when Sampson spoke. Four or five of the others glowered upon the -offending No. 7. “We can't even be seen bowing to anybody connected with -the case.” - -“I saw you throw your cigar away when she came in the door,” retorted -No. 7, in some exasperation. “What did you do that for?” - -The chubby bachelor looked hurt. “Because I was through with it,” he -said. “I don't hang onto 'em till they burn my lips, you know.” He -deemed it advisable to resort to sarcasm. - -“Just remember that you are a juror,” advised No. 4 in a friendly tone. -One might have thought he was compassionate. - -“No harm done,” said No. 12. “She didn't even see you. I happen to know, -because she was lookin' right at me when you took off your lid. You -didn't notice me fiddling with my head-piece, did you? I guess not. She -don't expect us to, and so I didn't make any crack. I--” - -“I'd suggest,” said Sampson, with dignity, “that we devote a certain -amount of respect to the ethics.” - -It was a little puzzling. Ethics is a word that calls for reflection. -You've got to know just what it means, and after you know that much -about it, you've got to fix its connection. Several of the gentlemen -nodded profoundly, and two of them said: “Well, I should say so.” That -night Sampson sat alone in front of his fireplace, his brow clouded by -uneasy, disturbing thoughts. A woodfire crackled and simmered on the -huge Florentine andirons. Turple, coming in to inquire if he would speak -with Mrs. Fitzmorton on the telephone, was gruffly instructed to say -that he was not at home, and when Turple returned with the word that -Mrs. Fitzmorton was at home and still expecting him to dine at her house -that evening, notwithstanding the fact that her guests and her -dinner had been waiting for him since eight o'clock--and it was now -8:45--Sampson groaned so dismally that his valet was alarmed. The -groan was succeeded, however, by a far from feeble expression of -self-reproach, and a tremendous scurrying into overcoat and hat. He -reached Mrs. Fitzmorton's house--it happened to be in the next block -north--in less than three minutes, and he was so engagingly contrite, -and so terribly good-looking, that she forgave him at once--which was -more than the male members of the party did. - -They were all married men and they couldn't forgive anybody for being -late. They were always being implored, either pathetically or peevishly, -to stop complaining. - -Sampson had cause for worry. He had been slow in arriving at the truth, -but that afternoon his conviction was established. Miss Hildebrand was -depending on him to swing that jury! - -She was counting on his intelligence, his decision, his insight, his -power to see beyond the supposed facts in the case as presented by the -witnesses for the State. He was sure of it. There was nothing in the -cool, frank scrutiny that she gave him from time to time that could be -described by the most critical of minds as even suggestive of a purpose -to influence him, and yet he was sure that she depended on his good -sense for a solution of all that was going on. - -What disturbed him most was this: there was no distinction between the -look she gave him when the State scored a point and when the condition -was reversed. The same confident, reasoning expression was in her lovely -eyes, as much as to say: “You must see through all this, No. 3--of -course you must, or you couldn't look me in the eye as you do.” - -It was as clear as day to him: she was certain that her grandfather was -incapable of doing the thing he was charged with doing, and she could -not see how a man of his (Sampson's) perception could possibly think -otherwise. - -The revelation caused him to forget all about his dinner engagement. -Also it caused him to pass an absolutely sleepless night. When he -closed his eyes she still looked into them--always the same clear, -understanding, undoubting gaze that he had come to know so well. When he -lay with them wide open, staring into the darkness, the vision took more -definite shape, so he closed them tightly again. - -Turple noticed his haggardness the next morning and was solicitous. Now, -Turple, at his best, was not entitled to a stare of any description. But -Sampson's rapt gaze was so prolonged and so singularly detached from the -object upon which it rested--Turple's countenance--that the poor fellow -was alarmed. He had never seen his master look just like that before. -Later on, Sampson told him to go to the devil. Turple was relieved. - -The accountants, the detectives and two bookkeepers who formerly had -worked under Mr. Hildebrand testified and then the State rested. Through -it all the prisoner sat unmoved. Sampson wondered what was going on in -the mind of that gaunt, fine-faced old man. What would be his answer to -the damning evidence that stood arrayed against him? What _could_ be his -defence! - -He was sorry for him. He would have given a great deal to be able to -rise now from his seat in the jury box and announce candidly that he did -not feel that he could bring in a verdict against the old man, reminding -the Court and the district attorney that he had said in the beginning -that he could not answer for his sympathies. - -During the noon recess he took account of his fellow jurors. They were -a glum, serious looking set of men. He knew where their sympathies lay -and, like himself, they were depressed. The justice--even he--had lost -much of the geniality that at the outset had warmed the atmosphere. He -no longer smiled; no more did he exploit his wit, and as for his brisk -moustache, it drooped. - -To the amazement of every one, the defendant's counsel announced that -they had but one witness: the prisoner himself. And every one then knew -that no matter what the prisoner said in his own defence, his testimony -would be unsupported; it would have to stand alone against odds that -were overwhelming. - -Slowly but surely it became evident to these more or less discerning -men that James Hildebrand's plea would be for sympathy and not for -vindication. By his own story of the dealings with Stevens and Drew and -the others he hoped to reach their hearts and through their hearts a -certain sense of justice that moves in all men's minds. - -Sampson's heart sank. While he was convinced that the old man had been -cruelly tricked by his business associates, that they had squeezed him -dry in order to profit by his misery, that Stevens at least was actuated -by a personal grudge which found relief in crushing the father of -the man he hated, and that the others may have been innocently or -pusillanimously influenced by the designs of this one man who sought -control, there still remained the fact that Hildebrand, according to the -evidence, had violated the law and was a subject for punishment--if not -for correction, as the prison reformers would have it in these days. In -no way could the old man's act be legally or morally justified. Sampson, -after hearing the announcement of his counsel, realised that he would -have a very unpleasant duty to perform, and he knew that he was going to -hate himself. - -He had never spoken a word to Alexandra Hildebrand; he had not even -heard the sound of her voice--her conversation with counsel was carried -on in whispers or in subdued tones--And yet he was in love with her! He -was the victim of a glorious enchantment. - -And he knew that No. 7 was in love with her--foolishly in love with her; -and so was the once supercilious No. 12; and the chubby bachelor; and -No. 9 who wanted to stay off the jury because he had to get married in -three weeks; and No. 8 who had two sons in the high school, one daughter -in Altman's and two wives in the cemetery; and the sombre-faced No. 1; -and all the rest of them! No. 2, who chewed gum resoundingly, no -longer chewed. His jaws were silenced. He had an impression that Miss -Hildebrand disapproved of gum-chewing, so he stopped. More than this, no -man could sacrifice. - -The spruce young men from the district attorney's office were visibly -affected--(they really were quite sickening, thought Sampson); and the -deputy clerk, the court-room bailiffs, and the stripling who carried -messages from one given point to another with incredible speed, now that -he had something to keep him moving. - -All of them, in a manner of speaking, were in love with her. And she was -not in love with any one of them. There could be no doubt about that. -They meant absolutely nothing to her. - -Sampson wondered if she had a sweetheart, if there was some one with -whom she was in love, if those dear lips--and he sighed bleakly. He -hated, with unexampled venom, this purely suppositious male who harassed -him from morning till night. Common-sense told him that she must have -a sweetheart. It was inconceivable that she shouldn't possess the most -natural thing in the world. She just couldn't help having one. What sort -of a fellow was he? Of course, he didn't deserve her; that was clear -enough, assuming that the fellow actually existed. In his present frame -of mind, Sampson could think of only one man in the world who might -possibly be deserving of her. - -Nevertheless, he felt that he was behaving in a silly, amateurish -manner, falling in love with her like this. It was to be expected of -ignorant, common louts such as No. 7--a very ordinary jackass!--and the -other ten men in the box, to say nothing of the suddenly adolescent yet -middle-aged horde outside. It was just the sort of thing that they would -be certain to do. They were a fatuous--but there he stopped, scowling -within himself. What right had he to call these other men fools? He was -no better than they. Indeed, he was worse, for he always had believed -himself to be supremely above such nonsense as this. They made no -pretentions. They fell in love with her just as they would have fallen -in love with any pretty girl--and, Heaven knows, pretty girls are -always being fallen in love with. But that he, the unimpressionable, -experienced Sampson, should lose his heart--and head--over a girl who -had never spoken a word to him, whom he had never seen until six days -before, and who doubtless would go out of his life completely the -instant the trial was over--why, it ought to have been excruciatingly -funny. But it wasn't funny. - -It was very far from funny. Putting one's self in a class with No. 7 -and No. 12 and the rest of them was certainly not Sampson's idea of -something to laugh at. So he scowled ominously every time he chanced -to think of any one of them--which happened only when Miss Hildebrand -deigned to look at that particular individual. - -And he would have to send her beloved grandfather to the penitentiary. -He would have to hurt her; he would have to bring pain and despair and, -worse than these, astonishment to her beautiful eyes. He knew that he -would be haunted for the rest of his life by the look she would give him -when the verdict was announced. - -James Hildebrand went _on_ the stand on the afternoon of the sixth day. -A curious hush settled over the court-room. Men shifted in their chairs -and then slumped down dejectedly, as if oppressed by the utter futility -of the tale he would have to tell. Alexandra Hildebrand alone was -bright-eyed and eager. Her lips were slightly parted as the old man, -grey and erect, took the oath. She knew that the truth and nothing but -the truth could fall from the lips of this gentle old grandfather of -hers. Now they would have the truth! Now the case would crumble! She -sent one swift, reassuring look through the jury box, and, for the first -time, gazed into no man's eyes. She was puzzled. Every face was averted. -Long afterwards she may have recalled the queer little chill that -entered her heart, and stayed there for the briefest instant before -passing. - -[Illustration: 0081] - -The defendant's voice was low, well-modulated, unemotional; his manner -simple and yet impressive. Throughout the entire story that he told, his -hearers listened with rapt attention. - -She sent one swift, reassuring look through the jury box. - -They were hoping that he could convince them. They watched his fine, -distinguished face; they watched his sombre, unflinching eyes; they -watched his steady hands as they rested on the arms of the chair; they -watched him with fear in their hearts: the fear that he would falter and -betray himself. - -He entered a simple, direct denial of the accusation made against him. -His story was not a long one, and it would have to go uncorroborated, -for, as he said himself, there was no one upon whom he could call for -support. In the first place, he declared that he did not know that he -was suspected of having robbed his partners until after many months had -passed. He was aware of the investigation, but it had never entered his -head that he could be the person under suspicion. He admitted taking a -hurried and perhaps ill-advised departure from New York, and, in answer -to a direct question from his own counsel, declared that he would never -reveal his reason for leaving so secretly and in such haste. - -Facing the jury he stated calmly, deliberately and in a most resolute -manner that he would go to prison for the rest of his days, that he -would suffer lasting ignominy and disgrace, before he would publicly -account for this action on his part. - -When he learned that a true bill had been returned against him by the -Grand Jury, his first impulse was to return to his own country and fight -the charge. Reflection convinced him that he was safe as long as he -remained in his sequestered home in Switzerland, and he made up his mind -to remain there and die with unlifted disgrace bearing down upon his -good name rather than to return and face the probability of having to -account for his absence. That, and that alone, was responsible for his -decision to remain where he was. No one knew of his whereabouts, not -even his own kith and kin. He was as safe as if he were already dead. -Then, in solemn, unforgettable tones he declared that he had never taken -a penny belonging to the Cornwallis Realty and Investment Company, that -he was innocent of the charge brought against him, notwithstanding the -fact that appearances were sufficient to convict. - -Time brought a change in him. He decided to return and face his -accusers. He did not hope to convince them that he was innocent. He -only wanted the opportunity to stand before the world and proclaim his -innocence. He had no testimony to offer. He could only say that he had -not done this monstrous thing of which he was accused. - -His testimony was given as a simple statement. He was allowed to tell -his brief story without the interpolation of a single question by his -counsel. Succinctly but with scant bitterness, he recited the story of -his own unfair treatment at the hands of his former partners. He touched -very casually upon that phase of the matter, as if it were of small -consequence to him now. There were no harsh words for the men who had -tricked him. One could not help having the feeling that he looked upon -them as beneath his notice. - -He came home of his own free-will, after years of deliberation. He had -been influenced by no one in this singular crisis. He was alone in the -world. Except for his beloved granddaughter, there was no one else who -could suffer through the result of this trial. He was prepared to accept -the verdict of the twelve gentlemen who listened to him and who had -listened to the testimony of others before him. - -There was not a sound in the court-room when he paused and drew a long -deep breath. Every eye was upon him. Then, in a clear, resonant voice he -said: - -“Gentlemen, I repeat that I am absolutely innocent of this charge. I ask -you to believe me when I say this to you. If you do not believe me, I -must be content to accept your judgment. I do not ask you to discredit -the testimony of the men who have appeared against me. They have told -all they know about the circumstances, I dare say, and I am convinced -that they are honest men. They have only shown you that there was a -colossal theft, that a large sum of money is unaccounted for in their -business. They have not shown you, however, that I am the man who took -it. They have only shown you that fifty thousand dollars is missing and -unaccounted for. I admit I was responsible as treasurer of the company -for the safe-keeping and guardianship of all that money. It disappeared. -I can only say to you, gentlemen, that I did not take it.” - -His voice was husky. There was a long pause, and then he settled back -in his chair and turned wearily to the district attorney for -crossexamination. It was then that the crowd knew he had finished his -story. A deep breath came from the lips of every one, as if for many -minutes it had been withheld. - -Sampson's gaze involuntarily sought Alexandra Hildebrand's face. He did -not mean to look at her. He could not resist the impulse, however. It -was stronger than the adamantine resolution he had made. The light of -triumph was in her glowing eyes, the flush of victory in the cheek. Her -grandfather had cleared himself! - -Sampson's heart ached as it sank to depths from which it would never -rebound. He turned hopelessly to the man in the witness chair, and -waited for the district attorney to open his grilling cross-examination. -He knew what the State would demand: why did he go away? Who replaced -a large portion of the amount originally missing? Why did he sell his -real-estate and his interest in the business? A hundred vital questions -would be discharged at him, and he would--But, even as he delved in -these dismal reflections, the district attorney arose in his place and -said, clearly, distinctly--although no man at first believed his ears: - -“No questions, your Honour.” - -There was utter silence while this amazing announcement sank into -the minds of the listeners. Counsel for the defence sat rigid and -uncomprehending in their chairs; the justice leaned forward and stared; -the prisoner's eyes widened for a second and then slowly closed. His -chin fell; his attitude was one of acute humiliation. His story was not -even worthy of notice! No questions! The acme of derision! - -Argument by counsel followed, the beardless “assistant-assistant” making -the opening address to the jury. He floundered badly. Sampson derived -some consolation from his futile, feeble arraignment. If the principal -attorney for the State didn't do a great deal better than his singularly -ineffectual confrere, there was still hope that the prisoner's counsel -might by impassioned pleas stir the hearts of twelve men to mercy. -The sympathies of all were--But even as he speculated on the probable -lengths to which sympathy would carry his companions in arriving at -a verdict, there suddenly flashed into his brain a vast illumination. -James W. Hildebrand was not guilty! He was shielding some one else! His -reluctance to tell why he left New York was explained. He could not tell -without betraying a secret that must forever remain inviolate! Sampson -breathed easier. Why, it was as plain as day to him! At least, it was -something on which to base a conclusion. It might come in very handy too -when the jury, in seclusion, began to grope for a favouring light. On -reflection they would all agree that no witness actually had sworn that -Hildebrand took the money. The evidence was decidedly circumstantial. By -deduction alone was he guilty. On the other hand he had solemnly sworn -that he didn't take it. And if he didn't take it, who did? That, said -Sampson, was a very simple thing to answer: Some person unknown to the -jury. - -Miss Hildebrand's spirits undoubtedly fell after that significant move -of the State. There was an anxious, bewildered expression in her eyes, -and a rather pathetic droop at the corners of her adorable mouth. - -The argument proceeded. Mr. O 'Brien made the closing speech for the -defendant. Her spirits revived under the eloquent, fervent plea of the -now brilliant Irishman. Sampson experienced a feeling of real affection -for the earnest, though unkempt orator, who more than once brought -tears almost to the surface of his eyes. He had great difficulty in -suppressing a desire to blubber, and, when he saw her velvety eyes -swimming in tears, he blew his nose so violently that he started an -epidemic. No. 7, instead of blowing his nose, sniffed so repeatedly and -so audibly that every one wished he'd blow, and have it over with. - -And when her eyes flashed with indignation during the uncalled-for -tirade of the assistant district attorney, Sampson developed a bitter -hatred for the man. When she appeared crushed and bewildered by the -vicious attacks of the fellow, and shrank down in her chair like a -frightened child, Sampson wanted to take her in his strong, comforting -arms and--But, of course, there wasn't any use thinking about such a -thing as that. It was not one of his duties as a juror. - -The case went to the jury at four o'clock that afternoon, after a -somewhat protracted and, to Sampson, totally unenlightening charge by -the justice, who advised the jurors that they must weigh the evidence -as it was found and forbear allowing their sympathies to overcome their -sense of justice. And so on and so forth. He made it very hard for the -jurors. If they went entirely by the evidence, there wasn't anything -left for them to do but to find the defendant guilty. Sampson had hoped -for ameliorating suggestions from the learned justice on which he could -base a sensible doubt as to the guilt of the defendant. - -But, in so many words, the justice announced that the preponderance of -the evidence was in favour of the State. He told the jurors it was their -duty and privilege to take the defendant's unsupported testimony for -what they considered it to be worth and to place it in opposition to the -evidence produced by the State. It was then their duty to render a fair -and impartial verdict on the evidence. - -As the twelve men filed out of the box on their way to the jury room, -Sampson shot a glance at Alexandra Hildebrand. He would not see her -again until he returned to the seat he had occupied for six days, and -after that she was to pass out of his life entirely. He hoped that she -would not be there when he came back with his verdict. It would be much -easier for him. He did not attempt to deceive himself any longer. If -he lived up to his notions of honour and integrity, there was but one -verdict he could return. (He wondered if his companions would prove to -be as rigid in this respect as he.) - -She was looking in the opposite direction, her chin in her hand. She did -not meet his unhappy gaze. He was grateful for that. - - - - -CHAPTER IV - -Whatcheb say your name was?” demanded No. 8, aggressively. - -“I didn't say,” said Sampson coolly. “Call me No. 3, if you don't mind. -I'll answer to it.” - -“Well, my name is Hooper, and that's what I want to be called.” - -“I'm not going to call you anything,” said Sampson, turning away in his -loftiest manner. - -“Well, I guess it's just as well you don't,” snorted No. 8, sticking out -his chest, and it wasn't a very obtrusive chest at that. Putting it back -to where it normally belonged was a much less arduous job for No. 8 -than sticking it out. He couldn't have stuck it out at all if he hadn't -possessed the backing of ten men. - -In short, the jury had been out for seven hours and the last ballot -stood eleven to one for acquittal. Sampson was the unit. - -No. 12 tried diplomacy. “Say, now, fellers, let's get together on this -thing. We don't get anywhere by knockin' Mr. Sampson. He's got a right -to think as he pleases, same as we have. So let's be calm and try to get -together.” - -“My God,” groaned No. 1, “can you beat that? Eleven of us have been -together since five o'clock this afternoon, and you talk about being -calm. Now, as foreman of this jury, I think I've got some right to be -heard. You'll admit that, won't you, Mr. Sampson?” - -“Certainly. Up to this moment, I've had no difficulty in hearing you. It -isn't necessary to shout, either. I'm not deaf.” - -“Now, let me talk,” went on the foreman. “Keep still a minute, you -fellers. Mr. Sampson is a gentleman. He's got as much sense, I suppose, -as any of us. He--” - -“Thanks,” said Sampson. - -“Well, here we are, 'leven to one. You admit that your sympathies are -with the old man, same as the rest of us. You say you'd sooner be -shot than to send him up. Well, now let's--wait a minute, Hooper! I'm -talking. Let's talk this thing over as friends. I apologise for what I -said just after supper. You've got a right to be pig-headed. You've got -a legal right to hang this jury. But is it right and fair? If 'leven -of us are willing to go on record as--er--as putting credence in the -testimony of Mr. Hildebrand, I can't see why you're afraid to come in -with us. Down in your soul you don't think he's guilty. You say that -maybe he is shielding some one else. If that's the way you feel, why not -come out like a man and give the poor old lad the benefit of the doubt? -Lord knows I'm a hard man. I don't want to see any guilty man escape. -I believe in putting 'em where they belong, and keeping 'em there. By -Gosh, nobody dares to say to my face that I'm easy on criminals. I'm as -hard as nails. My wife says I'm as hard as all get-out. And she ought -to know. She's heard me talk about crime here in New York for nearly -fifteen years, and she knows how I feel. Well, if I am willing to give -the old man a chance, it ought to stand for something, oughtn't it? Hard -as I am? Just reason it out for yourself, Mr. Sampson. Now, we all -agree that the evidence against him is pretty strong. But it is -circumstantial. You said so yourself in the beginning. It was you who -said that it was circumstantial. You said--just a minute, Hooper! You -said that while everything pointed to him as the guilty man, nobody -actually swore that he saw him take the money. On the other hand, he -swears he didn't take it. He ought to know, oughtn't he? If he knows who -did take it, why that's his business. I don't believe in squealers. I -wouldn't have any mercy on a man who turned State's evidence to save -himself. Well, now, supposing old man Hildebrand knows who got away with -the stuff. He is too much of a man to squeal. We oughtn't to send him up -just because he won't squeal on the man--a friend, for all we know--even -though it might save him from going to the pen. I leave it to you, Mr. -Sampson: ought we?” - -“Of course we oughtn't,” broke in the irrepressible Mr. Hooper. “Any -damn' fool ought to see that.” - -Sampson eyed Mr. Hooper severely. “He's leaving it to me, Mr. Hooper; -not to you.” He leaned a little closer, his eyes narrowing. “And, by the -way, Mr. Hooper, before we go any farther, I should like to call your -attention to several facts entirely separate and apart from this trial. -It may interest you to know that I am six feet one in my stocking feet, -that I weigh one hundred and ninety-five pounds, that I am just under -thirty years of age, that I was one of the strongest men in college, -and that up to a certain point I am, and always have been, one of the -gentlest and best-natured individuals in the world.” - -“What do you mean by that?” blustered No. 8. - -“Gentlemen!” admonished the foreman. The automobile salesman stopped -picking his teeth. - -“I am merely trying to convince you, Mr. Hooper, that there is a great -deal more to be said for circumstantial evidence than you might think. -You might go on forever thinking that I am a meek, spineless saphead, -and on the other hand you might have it proved to you that I'm not. -Please reflect on what I have just said. It can't do you any harm to -reflect, Mr. Hooper.” - -“Oh, piffle!” said Mr. Hooper, getting very red in the face. - -“Sic 'em!” said No. 12, under his breath. - -“Moreover,” went on Sampson, smiling--but mirthlessly--“I am assuming -that your exercises as a hat salesman are not such as one gets in a -first-class gymnasium. I hope you will pardon me for asking you to -repeat the word you just uttered. I think it was 'piffle.'” - -Mr. Hooper grinned. He didn't feel like grinning but something -psychological told him to do it--and to do it as quickly as possible. -“Aw, don't get sore, old man. Forget it!” - -“Certainly,” said Sampson. - -The foreman seized the opportunity. “There, now, that's better. At last -we seem to Be getting together.” - -No. 7 spoke up. “This might be a good time to take another ballot. It's -'leven minutes to one by my watch. We stand 'leven to one. That's a good -sign. Say, do you know that's pretty darned smart, if I do say it myself -who--” - -“Let's have Mr. Sampson's revised views on the subject and then take a -final ballot for tonight,” said the foreman, wearily. - -“I haven't revised my views,” said Sampson. - -There were several draughty sighs. “I've stated them five or six times -to-night, and I see no reason to alter them now. Deeply as I regret it, -I cannot conscientiously do anything but vote for a conviction.” - -“Now, listen to me once more, Mr. Sampson,” began the chubby bachelor. -“I'll try to set you straight in--” - -“See here,” said Sampson, arising and confronting his companions, “we -may just as well look this thing squarely in the face. I don't want -to send him up any more than the rest of you do. But I am going to be -honest with myself in this matter if I have to stay out here for six -months. We've heard all of the evidence. It seems pretty clear to all of -us that the defendant was responsible for the loss of that money, even -if he didn't take it himself. He was the treasurer of the concern. He -had absolute charge of the funds. So far as we are concerned the State -has made out its case. We are supposed to be impartial. We are supposed -to render a verdict according to the law and the evidence. We cannot be -governed by sympathy or conjecture. - -“When I left the court-room with the rest of you gentlemen to deliberate -on a verdict, I will confess to you that I had in my heart a hope that -you men would do just what you have done all along: vote for acquittal. -When I came into this room seven hours ago, I was eager to vote just as -you have voted. Then I began to reflect. I asked myself this question: -how can I go back to that court-room and look the district attorney and -the Court in the face and say that James Hildebrand is not guilty? If I -did that, gentlemen, I am quite sure I could never look an honest man in -the face again. We have all been carried away by our sympathies--I quite -as much as the rest of you. I am convinced that there isn't a man among -you who can stand up here and say, on his honour, that the evidence -warrants the discharge of the defendant. - -“God knows I want to set him free. I am inclined to believe his story. -He is not the sort of man who would steal. But, after all, we are bound, -as honest men, to carry out the requirements of the law. The Court -clearly stated the law in this case. Under the law, we can do nothing -else but convict, gentlemen. - -“You, Mr. Foreman, have said that Hildebrand perhaps knows who took -the money. You will admit that you are guessing at it, just as I am -guessing. In his own testimony he was careful to say nothing that would -lead us to believe that he knows the guilty man. The State definitely -charges him with the crime and it produces evidence of an overwhelming -nature to support the charge. Against this evidence is his simple -statement that he did not take the money. He had already pleaded not -guilty. Is it to be expected of him, therefore, that he should say -anything else but that he did not rob his partners? - -“Only the criminals who are caught redhanded confess that they -are guilty. The guiltiest of them go on the stand, as we all know, -proclaiming their innocence, and, not one, but all of the men who go to -the chair after making such pleas maintain with their last breath that -they are innocent. Gentlemen, this is the bitterest hour in all my life. -I want to set this old man free, but I cannot conscientiously do so. I -took my oath to render a fair and impartial verdict. You all know what -a fair and impartial verdict must be in this case. I shall have to vote, -as I have voted from the beginning, for conviction.” - -He sat down. No. 7, who was directly opposite him across the long table, -leaned forward suddenly with an odd expression in his eyes. Then he -blinked them. - -“Why, by jingo, he's--he's crying!” he exclaimed, something akin to awe -in his voice. “You got tears in your eyes, darn me if you haven't.” - -There were tears in Sampson's eyes. He lowered his head. - -“Yes,” he said gruffly; “and I am not ashamed of them.” - -“Oh, come now, old feller,” said Mr. Hooper, uncomfortably; “don't make -a scene. Pull yourself together. We're all friends here, and we're all -good fellers. Don't--” - -“I'm all right,” said Sampson coldly. “You see I'm not as -hard-hearted as you thought. Now, gentlemen, I shall not attempt to -argue with you. I shall not attempt to persuade you to look at the case -from my point of view. As a matter of fact, I am rather well pleased -with the attitude you've taken. The trouble is that it isn't going to -help the poor old man. All we can do is to disagree, and that means -he will have to be tried all over again, perhaps after many months of -confinement. I should like to ask you--all of you--a few rather pointed -questions, and I'd like to have square and fair answers from you. What -do you say to that?” - -“Fire away,” said the foreman. - -“It's one o'clock,” said No. 7. “Supposin' we wait till after -breakfast.” - -“Gawd, I'm sleepy,” groaned No. 12. - -“No,” said the foreman firmly; “let's hear what Mr. Sampson has to say. -He's got a lot of good common sense and he won't ask foolish questions. -They'll be important, believe me.” - -They all settled hack in their chairs, wearily, drearily. - -“All right. Go ahead,” sighed the chubby bachelor. “I'll answer any -question except 'what'll you have to drink,' and I'll answer that -to-morrow.” - -Sampson hesitated. He was eyeing No. 7 in a retrospective sort of -way. No. 7 shifted in his chair and succeeded in banishing the dreamy, -faraway look in his eyes. - -“Assuming,” began the speaker, “that we were trying a low-browed, -undershot ruffian instead of James W. Hildebrand, and the evidence -against him was identical with that which we have been listening to, -would you disregard it and accept his statement instead?” - -“The case ain't parallel,” said No. 8. “His face wouldn't be James W. -Hildebrand's, and you can bank a lot on a feller's face, Mr. Sampson.” - -The others said, “That's so.” - -“That establishes one fact very clearly, doesn't it? You all admit that -with a different sort of a face and manner, Mr. Hildebrand might be as -guilty as sin. Well, that point being settled, let me ask you another -question. If Miss Alexandra Hildebrand, the granddaughter who has faced -us for six working days, were a sour-visaged, watery-eyed damsel of -uncertain age and devoid of what is commonly called sex-appeal, would -your sympathies still be as happily placed as they are at present?” - -No man responded. Each one seemed willing to allow his neighbour to -answer this perfectly unanswerable question. - -“You do not answer,” went on Sampson, “so I will put it in another -form. Suppose that Miss Alexandra Hildebrand had not been there at all; -suppose that she had not been where we could look at her for six short -consecutive days--and consequently think of her for six long consecutive -nights--or where she couldn't possibly have looked at us out of eyes -that revealed the most holy trust in us--well, what then? I confess that -Miss Hildebrand exercised a tremendous influence over me. Did she have -the same effect upon you?” - -Several of them cleared their throats, and then of one accord, as if -moved by a single magnetic impulse, all of them said, in a loud, almost -combative tone, “No!” - -The chubby bachelor qualified his negative. “She didn't have an undue -influence, Mr. Sampson. Of course, I liked to look at her. She's easy to -look at, you know.” He blushed as his eyes swept the group with what he -intended to be defiance but was in reality embarrassment. - -No. 7: “I was awfully sorry for her. I guess everybody was.” - -No. 9; “She's devoted to the old man. I like that in her. I tell you -there's nothing finer than a young girl showing love and respect for--” - -No. 12: “She's a square little scout. Take it from me, gents, she wasn't -thinking of me as a juror when she happened to turn her lamps on me. -I'm an old hand at the game. I can tell you a lot about women that you -wouldn't guess in--” - -Sampson: “We may, therefore, eliminate Miss Hildebrand as the pernicious -force in our deliberations. She has nothing to do with our sense of -justice. We would be voting, I take it, just as we have been all along -if there were no such person as she. However, it occurs to me that each -of you gentlemen may have had the same impression that I had during the -trial. I had a feeling that Miss Hildebrand was depending on me to -a tremendous extent. You may be sure that I do not charge her with -duplicity--God knows I have the sincerest admiration for her--but I -found it pretty difficult to meet her honest, serene, trustful eyes -without experiencing a decided opinion that it was my bounden duty to -acquit her grandfather. Anybody else feel that way about it?” - -There was a long silence. Again each man seemed to be waiting for the -other to break it. It was the foreman who spoke. - -“I'll be perfectly honest, for one,” he said. “I thought and still think -that she looked upon me as a friendly juror. Nothing wrong about -it, mind you--not a thing. I wouldn't have you think that she -deliberately--er--ahem! What have you to say, No. 7?” - -No. 7 blushed violently. “Not a word,” said he. “I profess to be a -gentleman.” - -No. 8 snorted. “Well, then, act like one. Mr. Sampson's a gentleman. He -don't hesitate to say that he was--Say, Mr. Sampson, just what did you -say?” - -“I said, without the slightest desire to create a wrong impression, that -I was deeply affected by the trust Miss Hildebrand appeared to place -in me. She believes her grandfather to be innocent, and I think she -believes that I agree with her. That's the long and the short of it.” - No. 4 slammed his fist upon the table. “By thunder, that's just exactly -the fix I'm in. Right from the start, I seemed to feel that I got on -this jury because she liked the looks of me. Not the way you think, -Hooper, but because I looked like a man who might give her grandfather a -square trial and--” - -Mr. Hooper interrupted him hotly: “What do you mean by 'not the way you -think'? That sounded kind of disparaging, my good man--disparaging to -her. Explain yourself.” Sampson interposed. “I think we all understand -each other, gentlemen. Miss Hildebrand practically picked the whole -dozen of us. She inspected us as we came up, she sized us up, and -she had the final word to say as to whether we were acceptable to the -defence. She believed in us, or we wouldn't be here to-night. What makes -it all the harder for us, gentlemen, individually and collectively, is -that we believe in her. Now, what are we to do? Live up to her estimate -of us, or live up to a prior estimate of ourselves?” - -“Well, let's sleep over it,” said the foreman uneasily. “I guess we're -all tired and--” - -“I guess we won't sleep much,” broke in No. 7 miserably. “Damn' if -you'll ever get me on a jury again. I'm a nervous man anyhow and -now--I'm a wreck. I don't know what to do about this business.” - -“If it were not for Miss Hildebrand, gentlemen, we'd all know what to -do,” said Sampson. “Isn't that a fact?” - -“Well, you seem to have made up your mind,” said No. 8 gloomily. “I -thought mine was made up, but, by gosh, I--I want to do what's right. I -took my oath to--” - -“We will take a ballot before breakfast in the morning,” said No. 1 -decisively. “Now, let's sleep if we can.” - -They disposed themselves in chairs, stretched out their legs and--waited -for an illuminating daybreak. - -Sampson's decision was final. He would not stultify his honour. He -would not be swayed by the sweetest emotion that ever had assailed him. -Besides, he argued through the long, tedious hours before dawn, when all -was said and done, what could Alexandra Hildebrand ever be to him? She -would go out of his life the day that-- - -But there he was at it again! Why couldn't he put her out of his -thoughts? Why was he continually thinking of the day when he would see -the last of her? And what a conceited fool he had been! She had -been most impartial with her mute favours. Every man on the jury was -figuratively and literally in the same boat with him. Each one of them -believed as he believed: that he was the one special object of interest -to her. - -But still--he was quite sure--she _had_ communed with him a little -more--was he justified in using the word?--intimately than with the -others? Surely he could not be mistaken in his belief that she -looked upon him as a trifle superior to--But some one was nudging him -violently. - -“Wake up, Mr. Sampson,” a voice was saying--a voice that was vaguely -familiar. It was a coarse, unfeminine voice. “We're ready to take a -ballot before we go out to breakfast. Want to wash up first or will -you--” - -“What time is it?” muttered Sampson, starting up from his chair. Was it -the chair that creaked, or was it his bones? He was stiff and sore and -horribly unwieldy. - -“Half past seven,” said the foreman. Then Sampson recognised the voice -that had interrupted his personal confession. Moreover, he recognised -the unshaven countenance. It was really quite a shock, coming so closely -upon... “You've been hitting it up pretty soundly. No. 7 says he didn't -sleep a wink. Afraid to risk it, he says.” - -At eight o'clock an attendant rapped on the door and told them to get -ready to go out to breakfast. - -“Go away!” shouted the foreman. He was in the midst of an argument with -No. 7 when the interruption came, and he was getting the better of it. - -“I'm willing to go half way,” said No. 7 dreamily. “Hungry as I am, I'll -go half way. I've got the darnedest headache on earth. If I had a cup of -coffee maybe I'd--” - -“What do you mean half way?” exploded Mr. Hooper. “You can't render a -half-way verdict, can you?” - -The ballot had just been taken. It stood eleven to one for conviction! -This time No. 7 was the unit. - -“No,” said the dreamy No. 7, unoffended. “What I want to do is to -make it as light for him as possible. Can't we find him guilty of -embezzlement in the third degree or--” Sampson interrupted. He too -wanted his coffee. “Let's have our breakfast. Afterwards we can -discuss--” - -“I want to settle it now,” roared Mr. Hooper. “It's all nonsense talking -about breakfast while--” - -“Well, then,” said Sampson, “suppose we agree to find him guilty as -charged and recommend him to the mercy of the Court.” - -This was hailed with acclaim. Even No. 7, emerging temporarily from his -mental siesta, agreed that that was “a corking idea.” - -“Find him guilty,” he explained, satisfying himself at least, “and then -ask the Court to discharge him. Maybe a little lecture would do him -good. A few words of advice--” - -“And now, gentlemen,” broke in Sampson crisply, “since we have -reached the conclusion that we are trying Mr. Hildebrand and not Miss -Hildebrand, perhaps we would better have our coffee.” - -At ten o'clock the jury filed into the courtroom and took their places -in the box. Each was conscious of what he was sure must look like a ten -days' growth of beard, and each wore the stem, implacable look that is -best described as “hang-dog.” - -A dozen pairs of eyes went on an uneasy journey in quest of an object of -dread. She was not there. There were a dozen sighs of relief. Good! If -they could only get it over with and escape before she appeared! What -was all this delay about? They were ready with their verdict; why should -they be kept waiting like this? No wonder men hated serving on juries. - -The Court came in and took his seat. He looked very stern and -forbidding. He looked, thought Sampson, like a man who has been married -a great many years and is interested only in his profession. A few days -earlier he looked more or less like an unmarried man. - -“Gentlemen of the jury,” began the Clerk after the roll-call, “have you -arrived at a verdict?” - -“We have,” said No. 1, with an involuntary glance in the direction of -the door. - -The verdict itself was clear and concise enough. “We, the jury, find the -defendant, James W. Hildebrand, guilty as charged.” - -The old man's eyes fell. A quiver ran through his gaunt body. An -instant later, however, he sat erect and faced his judges, and a queer, -indescribable smile developed slowly at the corners of his mouth. -Sampson was watching him closely. Afterwards he thought of this smile -as an expression of supreme indulgence. He remembered feeling, at the -moment, very cheap and small. - -Before the defendant's counsel could call for a poll of the jury, -No. 1 arose in his place and laboriously addressed the Court. He announced -that the jury had a communication to make and asked if this was the -proper time to present it. The Court signified his readiness to hear the -communication, and No. 1, nervously extracting from his pocket a sheet -of note paper, read the following recommendation:--“The jury, having -decided in its deliberations that the defendant, James W. Hildebrand, -is legally and morally guilty as charged in the indictment, craves -the permission of this honourable Court to be allowed to submit a -recommendation bearing upon the penalty to be inflicted as the result -of the verdict agreed upon. We would respectfully urge the Court to -exercise his prerogative and suspend sentence in the case of James -W. Hildebrand. The evidence against him is sufficient to warrant -conviction, but there are circumstances, we believe, which should -operate to no small degree in his favour. His age, his former high -standing among men, and his bearing during the course of this trial, -commend him to us as worthy of this informal appeal to your Honour's -mercy. This communication is offered regardless of our finding and is -not meant to prejudice the verdict we have returned. In leaving the -defendant in the hands of this Court, we humbly but earnestly petition -your Honour to at least grant him the minimum penalty in the event that -you do not see fit to act upon our suggestion to suspend sentence.” - -The document, which was signed by the twelve jurors, had been prepared -by Sampson, and it was his foresight that rendered it entirely within -the law. He was smart enough not to incorporate it in the finding -itself; it was a supplementary instrument which could be accepted or -disregarded as the Court saw fit. - -The Court gazed rather fixedly at the sheet of paper which was passed -to him by an attendant. His brow was ruffled. He pulled nervously at his -moustache. At last, clearing his throat, he said, addressing the counsel -for the defence: - -“Gentlemen, do you wish to poll the jury?” - -Mr. O 'Brien waived this formality. He and his partner seemed to be -rather well pleased with the verdict. They eyed the Court anxiously, -hopefully. - -“The Court will pronounce sentence on Friday,” announced the justice, -his eye on the door. He acted very much like a man who was afraid -of being caught in the act of perpetrating something decidedly -reprehensible. “I wish to thank the jurors for the careful attention -they have given the case and to compliment them on the verdict they have -returned in the face of rather trying conditions. It speaks well for the -integrity, the soundness of our jury system. I may add, gentlemen, that -I shall very seriously consider the recommendation you have made. The -prisoner is remanded until next Friday at ten o'clock.” - -Half an hour later Sampson found himself in the street. He had spent -twenty minutes or more loitering about the halls of the Criminal Courts -building, his eager gaze sweeping the throng that was forever changing. -It searched remote corners and mounted quadruple stairways; it raked the -balcony railings one, two and three flights up; it went down other -steps toward the street-level floor. And all the while his own gaze was -scouting, the anxious eyes of four other gentlemen were doing the same -as his: No. 7, No. 8, No. 6 and No. 12. They were all looking for -the trim, natty figure and the enchanting face of Miss Alexandra -Hildebrand--vainly looking, for she was nowhere to be seen. - -And when Sampson found himself in the street--(a bitter gale was -blowing)--he was attended by two gentlemen who justly might have been -identified as his most intimate, bosom friends: the lovesick No. 7 and -the predatory No. 12. They had him between them as they wended their -way toward the Subway station at Worth Street, and they were smoking -his cigars (because he _couldn't_ smoke theirs, notwithstanding their -divided hospitality)--and they were talking loudly against time. Sampson -had the feeling that they were aiming to attach themselves to him for -life. - -They accepted him as their guiding light, their mentor, their firm -example. For all time they would look upon him as a leader of men, and -they would be proud to speak of him to older friends as a new friend -worth having, worth tying up to, so to say. They seemed only too ready -to glorify him, and in doing so gloried in the fact that he was a -top-lofty, superior sort of individual who looked down upon them with -infinite though gentle scorn. - -Moreover, they thought, if they kept on the good side of Sampson -they might reasonably expect to obtain an occasional glimpse of Miss -Alexandra Hildebrand, for, with his keenness and determination, he was -sure to pursue an advantage that both of them reluctantly conceded. - -In the Subway local No. 7 invited Sampson to have lunch with him. He -suggested the Vanderbilt, but he wasn't sure whether he'd entertain in -the main dining room or in the Della Robbia room. He seemed confused and -uncertain about it. No. 12 boisterously intervened. He knew of a nice -little place in Forty-second Street where you can get the best oysters -in New York. He not only invited Sampson to go there. They clung to him, -however, until they reached Times Square Station with him but -magnanimously included No. 7, which was more than No. 7 had done for -him. - -Sampson declined. They clung to him, however, until they reached Times -Square station. There he said good-bye to them as they left the kiosk. - -[Illustration: 0113] - -“Perhaps we may meet again,” he said pleasantly. No. 7 fumbled in his -vest pocket and brought forth a soiled business card. - -“If you ever need anything in the way of electric fixtures or repairing, -remember me, Mr. Sampson,” he said. “Telephone and address as per card. -Keep it, please. I am in business for myself. The Trans-Continental -Electric Supply Emporium.' - -“Here's my card, Mr. Sampson,” said No. 12. “I'd like to come around -and give you a little spiel on our new model some day soon. We're -practically sold up as far as December, but I think I can sneak you in -ahead--what say?” - -“I have an automobile, thank you. Two of them, in fact.” He mentioned -the make of car that he owned. No. 12 was not disheartened. - -“You could have fifteen of our cars for the price you paid for -yours--one for every other day in the month. Just bear that in mind. A -brand new car every second day. Let me see: your address is--” He paused -expectantly. - -“The Harvard Club will reach me any time.” - -No. 12 started to write it down but paused in the middle of “Harvard” to -grasp the extended hand of his new friend. “I fancy you can remember it -without writing it down,” went on Sampson, smilingly. - -“Never trust to memory,” said No. 12 briskly. “This burg is full of -clubs and--well, so long!” - -No. 7 was still troubled about luncheon. “I'm sorry you can't go to the -Vanderbilt and have a bite--a sandwich and a stein of beer, say.” No. -12 turned to speak to a passing acquaintance, and No. 7 seized the -opportunity to whisper tensely: “She's staying there. I followed her -three times and she always went to the Vanderbilt. Got off the Subway at -Thirty-third Street and--” - -“She? What she?” demanded Sampson, affecting perplexity. - -No. 7 was staggered. It was a long time before he could say: “Well, holy -Smoke!” And then, as Sampson still waited: “Why, _her_, of course--who -else?” - -Sampson appeared to understand at last. He said: “A ripping good hotel, -isn't it?” - -“A peach,” said No. 7, and then they parted. - -That evening Sampson dined at the Vanderbilt. At first, like No. 7, he -wasn't quite sure whether he would dine upstairs or in the Della Robbia -room. He went over the ground very thoroughly before deciding. At eight -o'clock he disconsolately selected the main dining-room and ate, without -appetite, a lonely but excellent dinner. - -He wondered if No. 7 could have lied to him. - - - - -CHAPTER V - - -He also dropped in at the Vanderbilt for lunch on Thursday. - -Friday morning he was in the court-room, ostensibly to hear sentence -pronounced. He sat outside the railing. Seven of his fellow-jurors -straggled in as the hour for convening court approached. Sampson found -himself flanked by No. 7 and No. 12, the former a trifle winded after a -long run from Worth Street. In a hoarse wheeze he informed Sampson that -“she'll be here in a minute,” and, sure enough, the words were barely -out of his mouth when Alexandra Hildebrand entered the court-room with -Mr. O 'Brien. - -Sampson was shocked by her appearance. She was pale and tired-looking -and there were dark circles beneath her wonderful eyes. She looked ill -and worn. His heart went out to her. He longed to hold her close and -whisper-- - -“My God!” oozed from No. 7's agonised lips. “She's--she's sick!” - -Sampson kicked him violently on the shin. “She'll hear you, you -blithering idiot,” he grated out. - -The courtesy of the Court was extended once more to Miss Hildebrand. -She was invited to have a seat inside the railing. If she recognised a -single one of the eight jurors who sat outside, she failed to betray -the fact by sign or deed. The prisoner, a troubled, anxious look in his -eyes, entered and took his accustomed seat instead of standing at the -foot of the jury box to await sentence. Miss Hildebrand put her arm -over his shoulders and brushed his lean old cheek with her lips. He was -singularly unmoved by this act of devotion. Sampson glowered. The old -man might at least have given her a look of gratitude, a pat of the -hand--oh, anything gentle and grandfatherly. But there he sat, as rigid -as an oak, his gaze fixed on the Court, his body hunched forward in an -attitude of suspense. He was not thinking of Alexandra. - -Hildebrand arose when his name was called, and it was plain that he -maintained his composure only by the greatest exertion of the will. -Sampson watched him curiously. He had the feeling that the old man would -collapse if the Court's decision proved severe. - -The customary questions and answers followed, the old man responding in -a voice barely audible to those close by. - -“The Court, respecting the wishes of the jurors who tried and found you -guilty, James Hildebrand, is inclined to be merciful. It is the judgment -of this Court that the penalty in your case shall be fixed at two years' -imprisonment, but in view of the recommendation presented here and -because of your previous reputation for integrity and the fact that you -voluntarily surrendered yourself to justice, sentence is suspended.” - -Other remarks by the Court followed, but Sampson did not hear them. -His whole attention was centred on Alexandra Hildebrand. Her slim body -straightened up, her eyes brightened, and a heavenly smile transfigured -her face. - -Sampson felt like cheering! - -A few minutes later she passed him in the rotunda. For an instant their -eyes met. There was a deep, searching expression in hers. Suddenly a -deep flush covered her smooth cheek and her eyes fell. She hurried past, -and he, stock-still with wonder and joy over this astounding exposition -of confusion on her part, failed utterly to pursue an advantage that -would have been seized upon with alacrity by the atavistic No. 12. He -allowed her to escape! - -[Illustration: 0123] - -Aroused to action too late, he bolted after her, only to see her enter -a waiting taxi-cab and--yes, she _did_ look back over her shoulder. -She knew he would follow! He raised his hat, and he was sure that she -smiled--faintly, it is true, but still she smiled. If he hoped that she -would condescend to alter her course, he was doomed to disappointment. -The driver obeyed his original instructions and shot off in the -direction of Lafayette Street. - -The memory of her tribute--a blush and a fleeting smile--was to linger -with Sampson for many a weary, watchful day. - -The taxi-cab--a noisy, ungentle abomination--was whirling her corporeal -loveliness out of his reach and vision with exasperating swiftness, -leaving him high and dry in an endless, barren desert. His heart gave -a tremendous jump when a traffic policeman stopped the car at the -corner above. He set forth as fast as his long legs could carry him with -dignity, hoping and praying that the officer would be as slow and as -stubborn about--But she must have looked into the fellow's eyes and -smiled, for, with surprising amiability, he signified that she was -to proceed. Apparently he was too dazzled to reprimand or caution the -driver, for the taxi went forward at an increased speed. - -Some one touched Sampson's elbow. He withdrew his gaze from the -vanishing taxi-cab and allowed it to rest in sheer amazement upon the -bleak countenance of No. 7. - -“She's going away,” said No. 7 in sepulchral tones. - -“Evidently,” said Sampson. “Exceeding the speed limit while she is about -it, too.” - -“I mean,” said the other, “she's going to take a long journey. She's -leaving New York! That taxi is full of satchels and valises and stuff, -and the driver has orders to get her to the Hudson tube by eleven -o'clock. I heard that much anyhow, hangin' around here. Say, do you know -there is another woman in that cab with her? There sure is. I saw her -plain as day. Kind of an old woman with two or three little satchels and -one of them dinky white dogs in her lap.” - -“A lady's maid,” said Sampson. - -“Where do you suppose she's going?” - -“How should I know?” demanded Sampson severely. - -“And why is she running away without grandpa? What's going to become of -the old man? Seems as though she'd ought to hang around until he's--” - -“I daresay she knows what she is doing,” said Sampson, disturbed by the -same thoughts. - -“Maybe he's going to join her later on?” hopefully. “Over in Jersey -somewhere.” - -“Very likely. Good-bye.” Sampson wrung the limp hand of No. 7 and made -off toward Broadway. - -He lunched with a friend at the Lawyers' Club. In the smoking room -afterwards, he came face to face with the assistant district attorney -who had prosecuted the case of James Hildebrand. His friend exclaimed: - -“Hello, Wilks! You ought to know Mr. Sampson. He's been under your nose -for a week or ten days.” - -Wilks grinned as he shook hands with the exjuror. “Glad to know you as -Mr. Sampson, sir, and not as No. 3. We had a rather interesting week, of -it, didn't we?” - -Sampson was surprised to find that he rather liked the good-humoured -twinkle in Wilks's eyes. He had thoroughly disapproved of him up to this -instant. Now he appeared as a mild, pleasant-voiced young man with a far -from vindictive eye and a singularly engaging smile. Departing from his -rôle as prosecutor, Wilks succeeded in becoming an uncommonly decent -fellow. - -“Interesting, to say the least,” replied Sampson. - -Wilks had coffee with them, and a cigar. - -“I must say, Mr. Sampson, that you jurors had something out of the -ordinary to contend with. There isn't the remotest doubt that old -Hildebrand is guilty, and yet there was a wave of sympathy for him that -extended to all of us, enveloped us, so to speak. At the outset, we were -disposed to go easy with him, realising that we had a dead open and shut -case against him. - -“We awoke to our danger when the trial was half over. That is to say, we -awoke to the fact that Miss Alexandra Hildebrand was likely to upset the -whole pot of beans for us. You have no idea what we sometimes have to -contend with. There is nothing so difficult to fight against as the -force of feminine appeal. Men are simple things, you see. We boast about -our righteous strength of purpose, but along comes a gentle, frail bit -of womanhood and we find ourselves--well, up in the air! Miss Hildebrand -had a decidedly agreeable effect on all of us. It is only natural that -she should. We realised what it all meant to her, and I daresay there -wasn't one of us who relished the thought of hurting her. - -“Her devotion was really quite beautiful,” observed Sampson, feeling -that he had to put himself on record. - -“I understand how you jurors felt about her and, through her, about the -old man. The State is satisfied to let him off as you recommended. It is -more than likely that he was badly treated in those deals with Stevens -and Drew, and if he can rehabilitate himself I think we will have -done well not to oppose leniency. At any rate, his granddaughter has -something to rejoice over, even though she may have been shocked by your -decision that he is guilty.” - -“What do you know about her, Mr. Wilks?” inquired Sampson. - -“Nothing in particular. She is an orphan, as you know, and I understand -she has been residing with her grandfather in Switzerland. She returned -to this country with him at the time of his voluntary surrender three -months ago. His bail was fixed at twenty thousand dollars, and she tried -to raise it, but failed. She has been trying to sell his Bronx property, -but, of course, that sort of thing takes time. I understand that a deal -is about to be closed, however, thanks to her untiring efforts, and -the old man may realise handsomely after all. I suppose the Cornwallis -Realty and Investment Company will bring civil action to regain the -fifty thousand lost through his defection. If he is sensible he will -restore the amount and--well, that will be the end of it.” - -“Why didn't he sell it long ago?” - -“He couldn't very well manage it without coming to New York, and he was -so closely watched that he couldn't do that without running a very great -risk. Evidently she, believing absolutely in his innocence, induced him -to give himself up and have his name cleared of the stigma that was upon -it. This is mere conjecture, of course.” - -“Well, she's a brick, at any rate,” said Sampson, with some enthusiasm. - -Wilks smiled. “That verdict, at least, is universal. Justice, however, -has miscarried in more cases than I care to mention, simply because some -little woman proves herself to be a brick. No doubt you will recall any -number of such cases right here in New York. If we had had the remotest -idea what Miss Hildebrand was like, we would have put up a strenuous -kick against her sitting beside the prisoner where you all could see -and be seen. She made it hard for you to convict the old man, and she -certainly wormed the recommendation to the Court out of you. To tell you -the truth, we feared an acquittal. When the jury stayed out all night I -said to myself: 'We're licked, sure as shooting. 'The best we looked -for was a disagreement. I've been told that the first half dozen ballots -stood eleven to one for acquittal. So you see, I wasn't far off in my -surmise. It has taught me a lesson. There will be no more attractive, -thoroughly upsetting young ladies to cast spells over judge, jury, and -lawyers if I can help it. I hope you will pardon me for saying it, Mr. -Sampson, but I am firmly convinced if there had been no Miss Alexandra -Hildebrand in the case you gentlemen would have brought in your verdict -in twenty minutes.” - -“I suppose you know that I am the one who stood out against the eleven,” - said Sampson. - -“I suspected as much. I don't mind saying that the State counted on you, -Mr. Sampson.” Sampson started. How was this? The State counted on him -also? Suddenly he flushed. - -“I had a notion that Miss Hildebrand counted on me, Mr. Wilks.” - -“She did,” said the lawyer. “I think she lost a little of her -confidence, however, as the trial progressed. She appeared to be -devoting nearly all of her energies to you. You, apparently, were the -one who had to be subdued, if you will forgive the term. She is the -cleverest, shrewdest young woman I've ever seen. She is the best judge -of men that I've ever encountered--far and away better than I or any one -connected with our office. When that jury was completed I realised, -with a sort of shock, that it was she who selected it. She made but one -mistake--and that was in you. There is where we were smarter than she. -I knew that you would do the right thing by us, in spite of your very -palpable efforts to get off. If there had been some one else in your -place, Mr. Sampson, James Hildebrand would have been acquitted.” - -“Possibly,” said Sampson, with a sinking of the heart. He felt like a -Judas! She had made but one mistake, and it was fatal! - -“As I was saying,” went on Wilks, blowing rings toward the ceiling, -“women play thunder with us sometimes. A friend of mine from Chicago -dined with me last night. He is in the State's Attorney's office out -there and he's down here on business. You ought to hear him on the -subject of women mixing up in criminal cases. He says it's fatal--if -they're pretty and appealing. Nine times out of ten they have more -nerve, more character and a good deal more intelligence than the average -juryman, and Mr. Juror is like wax in their hands. Take a case they -had out there last fall--the Brownley case--you read about it, perhaps. -Young fellow from Louisiana got into bad company in Chicago, and went -all wrong. Gambled and then had to rob his employers to get square with -the world. His father and sister came up from New Orleans and made a -fight for him. They got the best legal talent in town, and then little -sister sat beside brother and petted him from time to time. A cinch! The -jury was out an hour. Not guilty! See what I mean? And you remember -the Paris case a year or two ago when the detectives nabbed a couple -of international card sharks and bunco men after they had worked the -Atlantic for two years straight without being landed? French juries -tried 'em separately. One of them got five years and the other got off -scot free. Why? Because his pretty young wife turned up and--well, you -know the French! Woman is lovely in her place, but her place isn't in -the court-room unless she favours the prosecution.” - -“They're like good-looking nurses,” said Sampson's friend. “They make a -chap forget everything else.” - -“Same principle,” said Wilks. “Patients and juries are much the same. -They require careful nursing.” - -Sampson was like a lost soul during the weeks that followed the trial. -The hundred and one distractions he sought in the feverish effort to -drive Alexandra Hildebrand out of his thoughts failed of their purpose. -They only left him more eager than before. He longed for a glimpse of -her adorable face, for a single look into her eyes, for the smile she -had promised as she rode away from him, for the sheer fragrance of her -unapproachable beauty. She filled his heart and brain, and she was lost -to him. - -The most depressing fits of jealousy overtook him. He tried to reason -with himself. Why shouldn't she have a sweetheart? Why shouldn't she be -in love with some one? What else could he expect--in heaven's name, what -else? Of course there was one among all the hundreds who adored her that -she could adore in return. Still he was sick with jealousy. He hated -even the possibility that there was a man living who could claim her as -his own. - -At the end of a month of resolute inactivity, he threw off all restraint -and inaugurated a determined though innocuous search for her. He made it -his business to stroll up and down Fifth Avenue during the fashionable -hours of the day, and so frantic were his efforts to discover her in the -shifting throngs that he always went home with a headache, bone-weary -and appetiteless. His alert, all-enveloping gaze swept the avenue from -Thirty-fourth Street to Fiftieth at least twice a day, and by night it -raked the theatres and restaurants with an assiduity that rendered him -an impossible companion for friends who were so unfortunate as to be -involved in his prowlings. His lack of concentration, except in one -pursuit, was woful. His friends were annoyed, and justly. No one likes -inattention. Half the time he didn't hear a word they were saying to -him, and the other half they were resentfully silent. - -He invaded Altman's, McCreery's, Lord & Taylor's and the other big -shops, buying things that he did not want, and he entered no end of -fashionable millinery establishments--and once a prominent corset -concern--not for the sake of purchasing, of course, but always with the -manner of an irritated gentleman looking for an inconsiderate wife. - -This determined effort to ferret out Miss Hildebrand was due to a -report from No. 7, on whom he called one day in regard to an electrical -disturbance in his apartment. No. 7 told him that No. 4, who was the -proprietor of a plumbing establishment in Amsterdam Avenue, had seen -Miss Hildebrand on top of a passing Fifth Avenue stage. By means of some -remarkable sprinting No. 4, fortunately an unmarried man, overtook the -stage at the corner above (Forty-fifth Street and Fifth Avenue), and -climbed aboard. Just as he sat down, all out of breath, two seats behind -the young lady, she got off and entered Sloane's. No. 4 had a short -argument with the conductor about paying fare for a ride of two blocks, -but it was long enough to carry him to the corner above Sloane's, so that -when he got back to the big shop she was lost. - -He was not discouraged. Saying that he was waiting for his wife he -continued to invest the approach to the elevators with such success that -after nearly an hour (and an hour as computed by plumbers is no small -matter) he was rewarded by the appearance of Miss Hildebrand. - -Without notifying the floorwalkers that he couldn't wait any longer for -his wife, he made off after the young lady, leaving them to think, if -they thought at all, that his wife was a very beautiful person who had -married considerably beneath her station. Miss Hildebrand waited at -the corner for a stage. No. 4 already had squandered ten cents, but he -didn't allow that to stand in the way of further adventure. He had his -dime ready when the 'bus came along--in fact, he had two dimes ready, -for it was his secret hope that she would recognise him. But alas! There -was room for but one more passenger, and he was left standing on the -curb, while she went rattling up the avenue in what he reckoned to be -the swiftest 'bus in the service. - -Sampson's deductions were clear. She wouldn't be shopping at Sloane's -unless she was buying furnishings of some sort for a house, and it was -reasonable to suppose that the house was somewhere within reach of the -stage line route. No. 4 had failed to note, however, whether she took -a Riverside Drive or a Fifth Avenue stage. Although Sampson was not in -need of a plumber's services, he looked up No. 4 and had him send men -around to inspect the drain in the kitchen sink. It cost him nearly -twelve dollars to have a five minutes' profitless interview with the -master-plumber. - -It was at this time that he began his pilgrimages up and down Fifth -Avenue, and it was also about this time that he acknowledged himself to -be a drivelling, silly, sentimental idiot--worse even than the drooping -No. 7. - -In the course of his investigations he dropped in to see No. 8 at the -hat store; he talked insurance with No. 11 (and forever afterward had it -talked with him, despite all the pains he took to stop it); he ordered a -suit of clothes at the tailor shop of No. 6; and he even went so far as -to consult No. 1 about having his piano tuned, a proceeding which called -for the immediate acquisition of an instrument. (It occurred to him, -however, that it might prove to be money well spent, for any man who is -thinking of getting married ought to have a grand piano if he can afford -it.) - -One day, overcoming an aversion, he sauntered up to a place in Broadway -and inquired for No. 12. To his amazement, No. 12 seemed a bit hazy as -to the existence of such a person as Miss Hildebrand. It was some time -before the fellow could call her to mind, and then only when the trial -was mentioned. - -“Ah, yes,” said he, rapping his brow soundly, “I get you now. The pretty -little thing we saw at the trial. Lord, man, how long ago was that? Two -months? Well, say, I've seen a couple or three since then that make -her look like a last year's bird's-nest. I'm demonstrating for a little -cutey in the Follies just at present and she has Miss Hildebrand lashed -to the mast. Yellow hair and eyes as blue as--What's your hurry? I'm not -busy--got all kinds of time.” - -But Sampson “walked out on him,” raging inwardly. It was all he could -do to conquer an impulse to kick No. 12. Comparing Alexandra Hildebrand -with a “little cutey in the Follies”! And forgetting her, too! -Unspeakable! - -He discovered James Hildebrand a day or two later. The old man was -living in a small hotel just off Broadway, in the upper Forties. An -actor friend of Sampson's was living in the same hotel, and it was -through him that he learned that Hildebrand had been stopping there for -nearly two months, quite alone. A surprisingly pretty young woman had -called to see him on two or three occasions. According to Sampson's -informant, the old gentleman had just concluded a real estate deal -running into the hundreds of thousands and was soon to return to Europe. -This was most regrettable, lamented the actor, for he couldn't remember -ever having seen a prettier girl than Hildebrand's visitor--who, he had -found out at the desk, was a relative of some description. - -A simple process would have been to interview old Mr. Hildebrand, -but Sampson's pride and good-breeding proved sufficiently strong and -steadfast in the crisis. He held himself aloof. - -A week later he saw Mr. Hildebrand off on one of the trans-Atlantic -liners. Mr. Hildebrand was not aware of the fact that he was being seen -off by any one, however, and Sampson was quite positively certain that -no one else was there for the purpose. There was no sign of Alexandra. - -He went abroad that summer.... Early in the autumn he was back in New -York, resolved to be a fool no longer. No doubt she had married the chap -she loved--and was living happily, contentedly in luxurious splendour -supplied by Sloane's--as long ago, no doubt, as the early spring it may -have happened. - -His heart had once ached for her as an orphan, but all that would now be -altered if she had taken unto herself a husband. Somehow one ceases to -be an orphan the instant one marries. You never think of a fatherless -and motherless wife as an orphan. An orphan is some one you are expected -to feel sorry for. - -He never had thought of himself as an orphan, although his father and -mother had been dead for years. No one ever had been sorry for him -because he was an orphan. What is it that supplies pity for one sex and -not for the other? - -January found him in California. A year ago he had planned--Alas, -his thoughts were ever prone to leap backward to the events of a year -ago--back to the twentieth day of January. He would never forget it. On -that day he first looked upon the loveliest of all God's creatures. The -year had not dimmed his vision. He could see her still as plainly as on -that memorable January day when they “landed” him. - -He wanted to see her once more, married or single, just to tell her that -it was conscience that caused him to fail her in her hour of need. He -wanted her to understand. He wanted her to believe that he couldn't help -being honest, and he wanted very much to hear her say that he did the -only thing an honourable gentleman could possibly do. - -Wending his way northward, he came to San Francisco late in February, -and there fell into the open arms of several classmates whom he had not -seen since his college days. One of them was Jimmy Dorr, now a brilliant -editor and journalist. To him he related the story of the Hildebrand -trial, and the fruitless quest of the girl he still dreamed about. Jimmy -was vastly interested. He was a romanticist. His eyes glittered with -excitement. - -“By Jove, it's a corker!” he exclaimed, breathlessly. - -“A corker?” repeated Sampson, staring. - -“Corking idea for a novel, that's what I mean. Why, you couldn't beat it -if you sat down and thought day and night for ten years. Ideas, that's -what the novelists want. The only thing that has kept me from breaking -into the literary game is an absolute paucity of--ideas. And here -you are handing me one. I shall write a novel. I'll have you find her -imprisoned in a dungeon by the conniving grandparent--” - -“Or by a rascally husband,” put in Sampson, gloomily. - -Dorr became thoughtful. “By the way, we've been having a more or less -notable trial here for the past week and a half. Lot of interest in it -all over the country. Have you heard of the Rodriguez ease?” - -“Not yet,” said Sampson, resignedly. “Fire away. I 'll listen.” - -“The arguments to the jury will be concluded to-morrow morning and there -ought to be a verdict before night. How would you like to go around -there with me at ten o 'clock and hear the State's closing argument? I -can manage it easily, although it's hard to get tickets. In a word, it -is the most popular show in town. Standing room only. Come along, and -I'll bet my head you'll never forget the experience.” - -“I hate a court-room,” said Sampson. - -“Well, you won't hate this one. I've been dropping in every day for an -hour or so, and, by gad, it _is_ interesting.” A faraway, dreamy look -came into Dorr's spectacled eyes. “Rodriguez is a wonderful character. -You see such chaps only in books and plays--seldom in plays, however, -for you couldn't find actors to look the part. He is a Spaniard, a -native of Mexico City, and as lofty as any grandee you'd find in old -Granada itself. Private detectives caught him in Tokio last summer, -after a world-wide search of three years. He is charged with forgery. -Forged a deed to some property in Berkeley and got away with the -proceeds of the sale. He stubbornly maintains that the deed was a -bona-fide instrument, and is fighting tooth and nail against the people -who accuse him. I 'd like to have you see him, Sampy.” - -The next morning, a bit bored but conscious of a thrill of interest -in attending a trial in the capacity of spectator instead of talesman, -Sampson accompanied the editor to the court-room where the case of -the State vs. Victoriana Rodriguez was being heard. The corridors -and approaches were packed with people. A subdued buzz of excitement -pervaded the air. Every face in the throng revealed the ultimate of -eagerness, each body was charged with a muscular ambition to crowd past -the obstructing bodies before it. Sampson had never witnessed anything -like this before. He demurred. - -“See here, Jimmy, I refuse to surge with a mob like this. Good-bye, old -man. See you--” - -But Dorr conducted him to the private entrance to the judge's chambers, -and a few minutes later into the crowded court-room. They found places -behind the row of reporters and stood with their backs to the wall. - -The jury was in the box, awaiting the opening of court. Sampson surveyed -them with some interest. They were a youngish lot of men and, to his way -of thinking, about as far from intelligent as the average New York jury. -They looked dazed, bewildered and distinctly uncomfortable. He knew how -they were feeling--no one knew better than he! - -The prisoner entered, followed by his counsel, and took his seat. -Sampson favoured Dorr with a smile of derision. Rodriguez was a most -ordinary looking fellow--swarthy, unimposing and at least sixty years -of age. He was not at all Sampson's conception of a Spanish grandee. -Certainly he was not the sort of chap an author would put into a book -with the expectation of having his readers accept him as a hero. - -“Good Lord, Jimmy, is _that_ the marvellous character you've been -talking about!” whispered the New Yorker. “Why, he's just a plain, -ordinary greaser. Nothing lofty about him.” - -But Jimmy didn't hear. He was gazing in rapt eagerness over the heads -of the seated throng outside the railing. Sampson leaned forward and -whispered something to the reporter from Dorr's paper. He repeated the -remark, receiving no response the first time. The young fellow's reply, -when it came, was what Sampson, from his vast experience in law courts, -summed up as “totally irrelevant and not pertinent to the case.” - -Somewhat annoyed, he turned to Jimmy Dorr. That gentleman's gaze was -fixed, so Sampson followed it. A young woman had taken the seat beside -the prisoner. He could not see her face, but something told him that it -was attractive--and then he was suddenly interested in the way her dark -hair grew about her neck and ears. Dorr was whispering: - -“She's the most wonderful thing you ever laid eyes on, Sampy. Wait -till you get a good peek at her face. You'll forget your old Miss -Hill-obeans. She landed here about a month ago, straight from Spain, -where she has been in a convent since she was fourteen. Doesn't speak a -word of English--not a syllable, the reporters say. She--Hey! Sh! What -the devil's the matter with you!” - -Sampson had uttered a very audible exclamation. He was staring at her -with widespread, glazed, unbelieving eyes. She had turned to favour the -reporters with a wistful, shy, entrancing “good morning” smile, and he -looked once more upon the face he had never forgotten and would never -forget. - -“My God!” he whispered, grasping Dorr's arm in a grip that caused his -friend to wince. “Why, it's--Not a word of English! A month ago! Out of -a convent!” He was babbling weakly. His brain was not working. - -“Is it too hot in here for you, old man!” whispered Dorr, alarmed. -“Shall we get out! You look as though--” - -“Who is she!” gasped Sampson. - -Dorr looked triumphant. “I thought she'd bowl you over. But, my Lord, I -didn't dream she'd give you such a jolt as this. The whole damned -bunch of us has gone mad over her. She's old Rodriguez's daughter--the -Senorita Isabella Consuelo Maria Rodriguez.” - - -THE END - - - - - - - - -End of Project Gutenberg's The Light that Lies, by George Barr McCutcheon - -*** END OF THIS PROJECT GUTENBERG EBOOK THE LIGHT THAT LIES *** - -***** This file should be named 54098-0.txt or 54098-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/4/0/9/54098/ - -Produced by David Widger from page images generously -provided by the Internet Archive - - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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