“Yes, sir.”
“And then it was that you went downstairs and got them?”
“Yes, sir.”
“At the Renfrew House in Utica?”
“Yes, sir.”
“Not anywhere else by any chance?”
“No, sir.”
“And afterwards, in looking over those maps, you saw Grass Lake and Big Bittern and decided to go up that way. Was that the way of it?”
“Yes, we did,” lied Clyde, most nervously, wishing now that he had not testified that it was in the Renfrew House that he had secured the folders. There might be some trap here again.
“You and Miss Alden?”
“Yes, sir.”
“And you picked on Grass Lake as being the best because it was the cheapest. Wasn’t that the way of it?”
“Yes, sir. That was the way.”
“I see. And now do you remember these?” he added, reaching over and taking from his table a series of folders all properly identified as part and parcel of the contents of Clyde’s bag at Bear Lake at the time he was arrested and which he now placed in Clyde’s hands. “Look them over. Are those the folders I found in your bag at Bear Lake?”
“Well, they look like the ones I had there.”
“Are these the ones you found in the rack at the Renfrew House and took upstairs to show Miss Alden?”
Not a little terrified by the care with which this matter of folders was now being gone into by Mason, Clyde opened them and turned them over. Even now, because the label of the Lycurgus House (“Compliments of Lycurgus House, Lycurgus, N. Y.”) was stamped in red very much like the printed red lettering on the rest of the folder, he failed to notice it at first. He turned and turned them over, and then having decided that there was no trap here, replied: “Yes, I think these are the ones.”
“Well, now,” went on Mason, slyly, “in which one of these was it that you found that notice of Grass Lake Inn and the rate they charged up there? Wasn’t it in this one?” And here he returned the identical stamped folder, on one page of which—and the same indicated by Mason’s left forefinger—was the exact notice to which Clyde had called Roberta’s attention. Also in the center was a map showing the Indian Chain together with Twelfth, Big Bittern, and Grass Lakes, as well as many others, and at the bottom of this map a road plainly indicated as leading from Grass Lake and Gun Lodge south past the southern end of Big Bittern to Three Mile Bay. Now seeing this after so long a time again, he suddenly decided that it must be his knowledge of this road that Mason was seeking to establish, and a little quivery and creepy now, he replied: “Yes, it may be the one. It looks like it. I guess it is, maybe.”
“Don’t you know that it is?” insisted Mason, darkly and dourly. “Can’t you tell from reading that item there whether it is or not?”
“Well, it looks like it,” replied Clyde, evasively after examining the item which had inclined him toward Grass Lake in the first place. “I suppose maybe it is.”
“You suppose! You suppose! Getting a little more cautious now that we’re getting down to something practical. Well, just look at that map there again and tell me what you see. Tell me if you don’t see a road marked as leading south from Grass Lake.”
“Yes,” replied Clyde, a little sullenly and bitterly after a time, so flayed and bruised was he by this man who was so determined to harry him to his grave. He fingered the map and pretended to look as directed, but was seeing only all that he had seen long before there in Lycurgus, so shortly before he departed for Fonda to meet Roberta. And now here it was being used against him.
“And where does it run, please? Do you mind telling the jury where it runs—from where to where?”
And Clyde, nervous and fearful and physically very much reduced, now replied: “Well, it runs from Grass Lake to Three Mile Bay.”
“And to what or near what other places in between?” continued Mason, looking over his shoulder.
“Gun Lodge. That’s all.”
“What about Big Bittern? Doesn’t it run near that when it gets to the south of it?”
“Yes, sir, it does here.”
“Ever notice or study that map before you went to Grass Lake from Utica?” persisted Mason, tensely and forcefully.
“No, sir—I did not.”
“Never knew the road was on there?”
“Well, I may have seen it,” replied Clyde, “but if so I didn’t pay any attention to it.”
“And, of course, by no possible chance could you have seen or studied this folder and that road before you left Utica?”
“No, sir. I never saw it before.”
“I see. You’re absolutely positive as to that?”
“Yes, sir. I am.”
“Well then, explain to me, or to this jury, if you can, and under your solemn oath which you respect so much, how it comes that this particular folder chances to be marked, ‘Compliments of Lycurgus House, Lycurgus, N. Y.’ ” And here he folded the folder and presenting the back, showed Clyde the thin red stamp in between the other red lettering. And Clyde, noting it, gazed as one in a trance. His ultra-pale face now blanched gray again, his long thin fingers opened and shut, the red and swollen and weary lids of his eyes blinked and blinked to break the strain of the damning fact before him.
“I don’t know,” he said, a little weakly, after a time. “It must have been in the Renfrew House rack.”
“Oh, must it? And if I bring two witnesses here to swear that on July third—three days before you left Lycurgus for Fonda—you were seen by them to enter the Lycurgus House and take four or five folders from the rack there, will you still say that it ‘musta been in the rack at the Renfrew House’ on July sixth?” As he said this, Mason paused and looked triumphantly about as much as to say: There, answer that if you can! and Clyde, shaken and stiff and breathless for the time being was compelled to wait at least fifteen seconds before he was able sufficiently to control his nerves and voice in order to reply: “Well, it musta been. I didn’t get it in Lycurgus.”
“Very good. But in the meantime we’ll just let these gentlemen here look at this,” and he now turned the folder over to the foreman of the jury, who in turn passed it to the juryman next to him, and so on, the while a distinct whisper and buzz passed over the entire courtroom.
And when they had concluded—and much to the surprise of the audience, which was expecting more and more attacks and exposures, almost without cessation—Mason turned and explained: “That’s all.” And at once many of the spectators in the room beginning to whisper: “Trapped! Trapped!” And Justice Oberwaltzer at once announcing that because of the lateness of the hour, and in the face of a number of additional witnesses for the defense, as well as a few in rebuttal for the prosecution, he would prefer it if the work for the day ended here. And both Belknap and Mason gladly agreeing. And Clyde—the doors of the courtroom being stoutly locked until he should be in his cell across the way—being descended upon by Kraut and Sissel and by them led through and down the very door and stairs which for days he had been looking at and pondering about. And once he was gone, Belknap and Jephson looking at each other but not saying anything until once more safely locked in their own office, when Belknap began with: “. . . not carried off with enough of an air. The best possible defense but not enough courage. It just isn’t in him, that’s all.” And Jephson, flinging himself heavily into a chair, his overcoat and hat still on, and saying: “No, that’s the real trouble, no doubt. It musta been that he really did kill her. But I suppose we can’t give up the ship now. He did almost better than I expected, at that.” And Belknap adding: “Well, I’ll do my final best and damnedest in my summing up, and that’s all I can do.” And Jephson replying, a little wearily: “That’s right, Alvin, it’s mostly up to you now, I’m sorry. But in the meantime, I think I’ll go around to the jail and try and hearten ’im up a bit. It won’t do to let him look too winged or lame tomorrow. He has to sit up and make the jury feel that he, himself, feels that he isn’t guil
ty whatever they think.” And rising he shoved his hands in the side pockets of his long coat and proceeded through the winter’s dark and cold of the dreary town to see Clyde.
Chapter 26
THE remainder of the trial consisted of the testimony of eleven witnesses—four for Mason and seven for Clyde. One of the latter—a Dr. A. K. Sword, of Rehobeth—chancing to be at Big Bittern on the day that Roberta’s body was returned to the boathouse, now declared that he had seen and examined it there and that the wounds, as they appeared then, did not seem to him as other than such as might have been delivered by such a blow as Clyde admitted to having struck accidentally, and that unquestionably Miss Alden had been drowned while conscious—and not unconscious, as the state would have the jury believe—a result which led Mason into an inquiry concerning the gentleman’s medical history, which, alas, was not as impressive as it might have been. He had been graduated from a second-rate medical school in Oklahoma and had practised in a small town ever since. In addition to him—and entirely apart from the crime with which Clyde was charged—there was Samuel Yearsley, one of the farmers from around Gun Lodge, who, driving over the road which Roberta’s body had traveled in being removed from Big Bittern to Gun Lodge, now earnestly swore that the road, as he had noticed in driving over it that same morning, was quite rough—making it possible for Belknap, who was examining him, to indicate that this was at least an approximate cause of the extra-severity of the wounds upon Roberta’s head and face. This bit of testimony was later contradicted, however, by a rival witness for Mason—the driver for Lutz Brothers, no less, who as earnestly swore that he found no ruts or rough places whatsoever in the road. And again there were Liggett and Whiggam to say that in so far as they had been able to note or determine, Clyde’s conduct in connection with his technical efforts for Griffiths & Company had been attentive, faithful and valuable. They had seen no official harm in him. And then several other minor witnesses to say that in so far as they had been able to observe his social comings and goings, Clyde’s conduct was most circumspect, ceremonious and guarded. He had done no ill that they knew of. But, alas, as Mason in cross-examining them was quick to point out, they had never heard of Roberta Alden or her trouble or even of Clyde’s social relationship with her.
Finally many small and dangerous and difficult points having been bridged or buttressed or fended against as well as each side could, it became Belknap’s duty to say his last word for Clyde. And to this he gave an entire day, most carefully, and in the spirit of his opening address, retracing and emphasizing every point which tended to show how, almost unconsciously, if not quite innocently, Clyde had fallen into the relationship with Roberta which had ended so disastrously for both. Mental and moral cowardice, as he now reiterated, inflamed or at least operated on by various lacks in Clyde’s early life, plus new opportunities such as previously had never appeared to be within his grasp, had affected his “perhaps too pliable and sensual and impractical and dreamy mind.” No doubt he had not been fair to Miss Alden. No question as to that. He had not. But on the other hand—and as had been most clearly shown by the confession which the defense had elicited—he had not proved ultimately so cruel or vile as the prosecution would have the public and this honorable jury believe. Many men were far more cruel in their love life than this young boy had ever dreamed of being, and of course they were not necessarily hung for that. And in passing technically on whether this boy had actually committed the crime charged, it was incumbent upon this jury to see that no generous impulse relating to what this poor girl might have suffered in her love-relations with this youth be permitted to sway them to the belief or decision that for that this youth had committed the crime specifically stated in the indictment. Who among both sexes were not cruel at times in their love life, the one to the other?
And then a long and detailed indictment of the purely circumstantial nature of the evidence—no single person having seen or heard anything of the alleged crime itself, whereas Clyde himself had explained most clearly how he came to find himself in the peculiar situation in which he did find himself. And after that, a brushing aside of the incident of the folder, as well as Clyde’s not remembering the price of the boat at Big Bittern, his stopping to bury the tripod and his being so near Roberta and not aiding her, as either being mere accidents of chance, or memory, or, in the case of his failing to go to her rescue, of his being dazed, confused, frightened—“hesitating fatally but not criminally at the one time in his life when he should not have hesitated”—a really strong if jesuitical plea which was not without its merits and its weight.
And then Mason, blazing with his conviction that Clyde was a murderer of the coldest and blackest type, and spending an entire day in riddling the “spider’s tissue of lies and unsupported statements” with which the defense was hoping to divert the minds of the jury from the unbroken and unbreakable chain of amply substantiated evidence wherewith the prosecution had proved this “bearded man” to be the “red-handed murderer” that he was. And with hours spent in retracing the statements of the various witnesses. And other hours in denouncing Clyde, or re-telling the bitter miseries of Roberta— so much so that the jury, as well as the audience, was once more on the verge of tears. And with Clyde deciding in his own mind as he sat between Belknap and Jephson, that no jury such as this was likely to acquit him in the face of evidence so artfully and movingly recapitulated.
And then Oberwaltzer from his high seat finally instructing the jury: “Gentlemen—all evidence is, in a strict sense, more or less circumstantial, whether consisting of facts which permit the inference of guilt or whether given by an eyewitness. The testimony of an eyewitness is, of course, based upon circumstances.
“If any of the material facts of the case are at variance with the probability of guilt, it will be the duty of you gentlemen to give the defendant the benefit of the doubt raised.
“And it must be remembered that evidence is not to be discredited or decried because it is circumstantial. It may often be more reliable evidence than direct evidence.
“Much has been said here concerning motive and its importance in this case, but you are to remember that proof of motive is by no means indispensable or essential to conviction. While a motive may be shown as a circumstance to aid in fixing a crime, yet the people are not required to prove a motive.
“If the jury finds that Roberta Alden accidentally or involuntarily fell out of the boat and that the defendant made no attempt to rescue her, that does not make the defendant guilty and the jury must find the defendant ‘not guilty.’ On the other hand, if the jury finds that the defendant in any way, intentionally, there and then brought about or contributed to that fatal accident, either by a blow or otherwise, it must find the defendant guilty.
“While I do not say that you must agree upon your verdict, I would suggest that you ought not, any of you, place your minds in a position which will not yield if after careful deliberation you find you are wrong.”
So, Justice Oberwaltzer—solemnly and didactically from his high seat to the jury.
And then, that point having been reached, the jury rising and filing from the room at five in the afternoon. And Clyde immediately thereafter being removed to his cell before the audience proper was allowed to leave the building. There was constant fear on the part of the sheriff that he might be attacked. And after that five long hours in which he waited, walking to and fro, to and fro, in his cell, or pretending to read or rest, the while Kraut and Sissel, tipped by various representatives of the press for information as to how Clyde “took it” at this time, slyly and silently remained as near as possible to watch.
And in the meantime Justice Oberwaltzer and Mason and Belknap and Jephson, with their attendants and friends, in various rooms of the Bridgeburg Central Hotel, dining and then waiting impatiently, with the aid of a few drinks, for the jury to agree, and wishing and hoping that the verdict would be reached soon, whatever it might be.
And in the meantime the twelve
men—farmers, clerks and storekeepers, re-canvassing for their own mental satisfaction the fine points made by Mason and Belknap and Jephson. Yet out of the whole twelve but one man—Samuel Upham, a druggist—(politically opposed to Mason and taken with the personality of Jephson)—sympathizing with Belknap and Jephson. And so pretending that he had doubts as to the completeness of Mason’s proof until at last after five ballots were taken he was threatened with exposure and the public rage and obloquy which was sure to follow in case the jury was hung. “We’ll fix you. You won’t get by with this without the public knowing exactly where you stand.” Whereupon, having a satisfactory drug business in North Mansfield, he at once decided that it was best to pocket this opposition to Mason and agree.
Then four hollow knocks on the door leading from the jury room to the courtroom. It was the foreman of the jury, Foster Lund, a dealer in cement, lime and stone. His great fist was knocking. And at that the hundreds who had crowded into the hot stuffy courtroom after dinner though many had not even left—stirred from the half stupor into which they had fallen. “What’s that? What’s happened? Is the jury ready to report? What’s the verdict?” And men and women and children starting up to draw nearer the excluding rail. And the two deputies on guard before the jury door beginning to call. “All right! All right! As soon as the judge comes.” And then other deputies hurrying to the prison over the way in order that the sheriff might be notified and Clyde brought over—and to the Bridgeburg Central Hotel to summon Oberwaltzer and all the others. And then Clyde, in a half stupor or daze from sheer loneliness and killing suspense, being manacled to Kraut and led over between Slack, Sissel and others. And Oberwaltzer, Mason, Belknap and Jephson and the entire company of newspaper writers, artists, photographers and others entering and taking the places that they had occupied all these long weeks. And Clyde winking and blinking as he was seated behind Belknap and Jephson now—not with them, for as stoutly manacled as he was to Kraut, he was compelled to sit by him. And then Oberwaltzer on the bench and the clerk in his place, the jury room door being opened and the twelve men filing solemnly in—quaint and varied figures in angular and for the most part much-worn suits of the ready-made variety. And as they did so, seating themselves in the jury box, only to rise again at the command of the clerk, who began: “Gentlemen of the jury, have you agreed on a verdict?”—yet without one of them glancing in the direction of either Belknap or Jephson or Clyde, which Belknap at once interpreted as fatal.
An American Tragedy Page 95
