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Cornell University Law Library
THE GIFT OF
3 1924 069 597 718
DATE DUE
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QAYLORD
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THE
THIRTEENTH JUROR
BOOKS BY
THE SAME AUTHOR
Fiction
The Case and Exceptions
The Minority
The Web
The Accomplice
History
Lincoln the Lawyer
Decisive Battles of the Law
The Story of a Street
On the Trail of Washington
On- the Trail of Grant and Lee
Essays
Lincoln's Legacy of Inspiration
Lincoln and Justice
Law
The Care of Estates
' Tell him to raise law points, and more law points, and then some more. 1
THE
THIRTEENTH JUROR
A TALE OUT OF COURT
BY
FREDERICK TREVOR HILL
Author of "Lincoln the Lawyer," "The
Accomplice," etc.
Illustrated by
GORDON GRANT
NEW YORK
THE CENTURY CO.
1913
(h^<+z°\
Copyright, 191 3, by
The Century Co.
Copyright, 1912, 1913, by
Thh Outlook Company
Published, September, ZQI3
?FP X-2\
J,?
1935
CONTENTS
CHAPTER PAGE
i An Appearance 3
11 The People vs. Denslow 18
in Newly Discovered Evidence .... 28
IV The Top of the Calendar .... 41
V Without Prejudice -SO
vi Taken by Surprise 64
vii A Short Cause 83
viii Leave to Intervene 94
ix Challenges for Cause 105
x In Open Court 116
xi For the Sake of the Record . . . . 136
xii Planting an Exception 141
xiii Deliberate Justice 153
xiv Judges of the Facts 165
xv The Limits of Discretion .... 172
xvi On the Merits 187
xvii To Abide the Event 196
LIST OF ILLUSTRATIONS
PAGE
"Tell him to raise law points, and more
law points, and then some more" . Frontispiece
Gedney implored other litigants to concede him
the right of way on the jury calendar . . 7
The lobby strained its ears to catch some echo of
the conversation that followed . . . . 13
"The mail? Well, don't let Mr. Poinder see it" . 59
"Then I demand a trial now !" exclaimed Poinder 75
"Nope," Pete answered. "Everything's above
board in this game" 97
"Do you see any green in that?" he drawled . 183
"So long, gentlemen. See you next term, I hope" 207
. ."/ pray you, Sir, to understate your case
"Lest the full truth, surprising past belief,
'Deafen untutored ears."
Lophos.
THE THIRTEENTH JUROR
" We must not make a scarecrow of the Law,
"Setting it up to fear the birds of prey,
"And let it keep one shape, till custom make it
" Their perch and not their terror."
Measure for Measure.
THE THIRTEENTH
JUROR
CHAPTER I
AN APPEARANCE
"They reckon ill who leave me out."
Emerson.
AS a matter of record, the Circuit Court ad-
journs twice a day during its stay at Belo.
As a matter of fact, it never adjourns at all, for
when the judge leaves the bench the proceedings
are merely transferred from the floor of the court-
house to the lobby of the Reeve House, where
lawyers, witnesses, litigants, and jurors fraternize
in continuous session until the reopening of the
official tribunal. Indeed, that antiquated, if not
ancient, hostelry — the Reeve House — is quite gen-
erally regarded by Fraser County in the light of
an annex to the Court, and some even profess to
3
THE THIRTEENTH JUROR
believe that it is the more important forum of the
two. Certainly the village cynic is not alone in
championing it upon the ground that cases are
really settled there, whereas in the Court they
are merely kicked up the stairway of appeal.
But public opinion in Belo rather frowns on re-
marks of that character, as Dick Poinder learned
to his cost when he announced, after one of his
exasperating experiences in Gedney's case, that
the lobby dispensed justice and the Court dis-
pensed with it. In fact, that travel-stained witti-
cism was in some danger of being taken too seri-
ously until the Bar laughed it away by subjecting
its perpetrator to a mock trial for plagiarism
during the hilarious wind-up of the Christmas
term.
On the evening that the Resurrectionist first
appeared upon the scene the lobby was sitting as
a sort of Court of Appeal, reviewing the day's
work just completed at the rival tribunal on the
opposite side of the road. Every chair in the
circle that ringed the huge stove was occupied;
half a dozen unclaimed trunks had been dragged
from a corner to serve as settees; the writing-table
4
AN APPEARANCE
had been utilized as a gallery; even the proprie-
tor's sanctum had been invaded and robbed of its
solitary high stool, and Old Man Reeve, thus de-
prived of his favorite throne, had perched himself
on the office desk, with his feet dangling over the
front, from which post of vantage he seemed to
be presiding over the assemblage with all the
commanding calmness of a judge upon the bench.
Old Man Reeve had undoubtedly once been
young, but his youth probably antedated the
period of the yellow, cracked, and fly-blown litho-
graph of the Bar of Fraser County, which had
served as the sole ornament of the lobby since the
early seventies. At all events, those who knew
him at that distant day asserted that he was an
old man then. But if he had aged prematurely,
time had dealt kindly with him on the whole, for
his round, clean-shaven face had suffered no
change for many a season, and no one thought
any more of his years than of the fact that he
always wore low black shoes and white socks, and
never condescended to a collar. His neighbors
in Belo, it is true, reported that his vitality often
seemed to wane during vacations, when the county
5
THE THIRTEENTH JUROR
seat relapsed into its normal role of a retired
inland village; but each advent of the Court ap-
parently gave him a new lease of life, and he
invariably welcomed the returning Bench and Bar
with all the vigor and heartiness of a man in the
prime of life.
Certainly there was no keener observer in Fraser
County than Peter Reeve as he sat on his impro-
vised rostrum, pipe in hand, beaming a bene-
diction on his assembled guests. He knew every
man in the place and just what had brought him
there; he could name every juror who had sat on
any case of importance during the past thirty
years, and give the inside history of his verdict;
he was generally familiar with the claims of the
litigants long before they reached the court-room ;
and there were not many lawyers who could tell
him anything he did not already know concerning
the private affairs of their clients.
For instance, as he peered through the gather-
ing haze of tobacco smoke, he knew exactly what
was troubling the frail little man who, note-book
in hand, was hovering on the outskirts of the wide
circle surrounding the stove. David Gedney and
6
Gedney implored other litigants to concede him the right of way
on the jury calendar
AN APPEARANCE
he had been friends since the day when the firm
of Gedney & Son first started in business just
across the State line, and he had seen that business
expand and prosper until it began to threaten the
gigantic Farm Supply Company with a competi-
tion as unwelcome as it was unprecedented. It
was not surprising, therefore, that he was familiar
with every detail of the bitter trade war that had
followed, the upshot of which was a litigation
which had crippled his friend's resources and was
now menacing the very existence of his firm. For
five terms — more than a year — he had applauded
Gedney's dauntless struggle to bring his enemies to
bay in the court-room, but thus far the Supply
Company had managed to postpone the day of
reckoning by the various shifts and evasions
familiar to all the Bar, but particularly well
known to its attorney, Mr. Artemus Peck, one of
Fraser County's most expert defeaters of the law.
Gedney had long since reached that dangerous
period in the pursuit of justice when clients are
neither laymen nor lawyers. In fact, Dick
Poinder, his counsel, had been obliged to protest
against his over-anxious interference time and
9
THE THIRTEENTH JUROR
again, reminding him that his business demanded
his whole attention and that by neglecting it he
was positively imperiling his cause. But Gedney,
with his property all tied up and his credit ex-
hausted, was beyond advice, and term after term
he had haunted the lobby, note-book in hand, in-
terviewing lawyers, buttonholing court clerks,
imploring other litigants to concede him the right
of way on the jury calendar, and generally work-
ing himself into a nervous condition bordering on
insanity. Indeed, on this particular evening
there was a really dangerous gleam in his tired
eyes as he completed his tour of the room, and,
sinking down on one of the crowded trunks, whis-
pered to his nearest neighbor that he held the top
of the calendar at last and that hell itself could n't
prevent his case from being heard in the morning.
The young farmer to whom this enigmatical
remark was addressed glanced apprehensively at
the speaker and promptly vacated his seat on pre-
tense of seeking a light for his cigar.
"Who 's the crazy old guy with the note-book,
Pete?" he inquired as he reached the desk.
Old Man Reeve, listening to the tag end of a
10
AN APPEARANCE
story from his side of the circle, disregarded the
question for a moment, and then striking a match
on his trousers and shading the flame with his
hands, proceeded to relight his pipe.
"Reckon your Paw 'd feel kinder set up, Eph,
if he b'lieved you 'd ever be as crazy as Dave
Gedney," he replied, between puffs.
The youth laughed uneasily and shot a swift
glance at his recent neighbor.
"Gosh! Is that Gedney of Gedney & Son?"
he exclaimed. "No wonder I didn't recognize
him. He's changed something terrible, and as
for talk—"
"You can't alwuz tell about a man by his talk,
Eph," interrupted Reeve. "For instance, ef I
sized you up by what you 've just let on as to
Gedney, I 'd kinder suspect you wuz n't all in-
tellect. . But maybe you 're a better judge er
outsides, son," he continued, "and ef so, you
can tell me what 's coming in at the door right
now. Blamed ef I ever saw the like of it afore
in Fraser County."
The individual to whom the old man thus called
attention was certainly an unfamiliar type to the
ll
THE THIRTEENTH JUROR
denizens of the Reeve House, for all conversation
had instantly ceased as he crossed the threshold,
and every eye was centered upon him as he closed
the door and stood looking inquiringly about him.
Perhaps his huge stature, pompous bearing, mas-
sive head, and strong, hard face would have at-
tracted more than a passing notice in any com-
pany, but it was not his face or his physique at
which the habitues of the lobby stared in fascina-
tion. It was his high silk hat, his fur-lined,
broadcloth overcoat, his chamois gloves, patent
leather shoes, and mouse-gray spats that held them
spellbound. But if the stranger was aware of
the sensation he was creating he did not betray it
as he leisurely unbuttoned his great-coat, and,
shaking the powder of snow from its broad folds,
glanced superciliously over the room. Then he
strode directly to the desk and paused before its
occupant.
Old Man Reeve did not stir from his perch as
the visitor approached, but nodded a greeting and
glanced through his big-rimmed spectacles at the
card which was offered him. Then he looked up
12
AN APPEARANCE
with a comical, questioning expression and, cock-
ing his head, apparently invited explanation.
The lobby strained its ears to catch some echo of
the conversation that followed, but the newcomer
spoke in low tones and the proprietor confined
himself to monosyllables, accompanied with a
wide-eyed stare of amused astonishment and
punctuated by an occasional nod or shake of the
head. As the dialogue continued, however, it
was apparent that the visitor was becoming irri-
tated, and finally, when he turned away with a
muttered exclamation of disgust, and, striding
across the room, banged the door behind him, a
chorus of inquiry broke forth.
"What's the matter, Pete? . . . Didn't his
nibs like our looks'? . . . Who 's his Royal High-
ness, old man 1 ? . . . Say, Pete, do you charge
extra for shows like that? . . . Why didn't you
tell us you knew the Prince of Monte Cristo,
Grandpa? . . . That was n't any common Prince,
Mr. Reeve. That was a New York chauffeur!
. . . No, it wasn't! It was a soap advertise-
ment. What 's his brand, Pete?"
15
THE THIRTEENTH JUROR
Old Man Reeve glanced at the card in his hand
and smilingly shook his head at the storm of ques-
tions.
"You kin search me, boys," he answered. "He
did n't tell me what he wuz, but only what he
wanted. Bet you 'd never guess what it wuz,
though. A suit of rooms and a bath !"
A roar of laughter greeted this announcement,
in which the host of the Reeve House joined so
heartily that he was obliged to remove his spec-
tacles and wipe the moisture from his eyes.
"He allowed," he continued, chuckling, "that
he telegraphed for that suit day afore yesterday,
and was madder than hops when I told him we
did n't have anything but lawsuits ready for him.
I 'm going to have that telegram framed ef Bill
Watson ever gits time to send it over from the
depot. Reckon it 'd kinder give a stylish tone
to the House, eh, boys'?"
"Where 's he gone, Pete?" inquired Brundage,
the State's Attorney.
"I sent him down to Miss Prescott's. She
turned one of her bay windows into a bathroom
last summer, and maybe she kin fix him up.
16
AN APPEARANCE
He '11 be in hot water, though, if he puts on any
airs with Ellen. O Lordy, yes!"
"What alias is the Great Mogul using just at
present"?" drawled Poinder, tipping back his chair
against one of the columns supporting the lobby
ceiling.
"This bit of pasteboard is labeled 'Wallace
Dunham,' " responded the old man.
Poinder's chair bumped the floor as he leaned
eagerly toward the speaker.
"Wallace Dunham!" he exclaimed. "Not
Wallace Dunham, the Resurrectionist 1 ? Yes, by
George, it is ! I knew I 'd seen his face before."
17
CHAPTER II
THE PEOPLE VS. DENSLOW
"All thieves who could my fees afford
Relied on my orations,
And many a burglar I 've restored
To his friends and his relations."
Gilbert.
THE group around the wood stove stared
silently at the speaker.
"What did you say the gentleman was, Dick?"
inquired Brundage after a pause. "An In-
surrectionist?"
"No, the 'Resurrectionist.' At least that s
what they used to call him in the city fifteen or
twenty years ago."
"Is he a minister 1 ?"
"No," whispered Hixon, the enfant terrible of
the Bar. "He 7 s the undertaker that s s going to
bury Gedney after the trial to-morrow. Eh,
Poinder?"
18
THE PEOPLE VS. DENSLOW
The lawyer frowned and cast an anxious glance
at his client's careworn face.
"Shut up, Hixon," muttered Brundage.
"That 's a rotten kind of joking. Did you say
your friend was a minister, Dick 1 ?"
"No, indeed," returned Poinder, smilingly.
"He 's a lawyer with a practice as big as a Trust.
What the dickens is he doing in Belo, I wonder?"
"Why do you call him the Resurrectionist?"
"Oh, that *s just a nickname. His specialty
is reviving cases that are generally considered
dead and done for. At least that 's what he
made his reputation on, and it was well earned,
too, for I once knew him to bring a dead man
back to life."
"Oh, come now ! That 's too much, even for
the Munchausen of the lobby," protested a voice
from the other side of the circle, and Poinder,
glancing in that direction, observed that his op-
ponent Artemus Peck had risen.
"Well, it may be too much for you, my dear
Baron," he drawled. "You 're the best judge of
that. But truth is stranger than even your fic-
tions, as I can show you if you '11 wait a minute."
19
THE THIRTEENTH JUROR
"Sorry I can't stay, but I 've never had any
reason to doubt the strangeness of your truths,
Poinder. Come on, Bob, if you 're coming."
Hixon rose as Peck passed out of the front door,
and for some moments after he had followed his
friend the lobby was uncomfortably quiet. There
was always too much bitterness in Poinder's and
Peck's repartee for the Bar of Fraser County.
It invariably smacked of a family quarrel dis-
agreeably embarrassing to all within earshot, but
Old Man Reeve usually came to the rescue, as he
did on this occasion.
"Go on and tell us about your Revivalist, Mr.
Poinder," he suggested.
"Resurrectionist, Pete," corrected the lawyer.
"Revivalist is much too mild a term. Well, may-
be some of you remember that I served my legal
apprenticeship in the office of the State's Attorney
in the big city more years ago than I like to con-
fess. Anyway, it was there I first met Wallace
Dunham. He was n't so fat and prosperous as
he is now, and he did n't despise criminal business
when it knocked at his door. But he never was
the kind of fellow that practises for love or fame,
20
THE PEOPLE VS. DENSLOW
so I was astonished when he appeared as the coun-
sel for Buck Denslow, who had neither money
nor friends. Buck was just a common ruffian
who had betrayed one of his gang to the police
and then shot another pal who discovered his
treachery and threatened to expose it. He was
caught red-handed, and I suppose it was because
the case was absolutely indefensible that its prose-
cution was intrusted to me, for I was nothing but
a novice at the time. Well, I venture to say
that no tyro at the Bar ever received as rough an
initiation into the ways of the law as came to me
out of the case of the People vs. Denslow from
the moment Wallace Dunham appeared upon the
scene.
"He began proceedings by moving to set aside
the indictment on the ground that it did not state
that Denslow's victim, Ben Limond, was a human
being, and that no one could be indicted for mur-
der unless he had killed a human being. As a
matter of fact, Limond was more of a brute than
a man, and at first I regarded Dunham's point as
a joke. Anyhow, I never dreamed that the courts
would listen to it. . . . Did you say they
21
THE THIRTEENTH JUROR
wouldn't, Corning? All right, my boy! I'll
give you verse and chapter for that case and you
can follow it as I did, all the way up to the highest
tribunal in the State. You '11 do it quicker than I
did, however, for by the time the last court dis-
posed of his arguments Dunham had consumed the
best part of a year, and all this time his client had
been enjoying the hospitality of one of our most
comfortable jails — a fact which was beginning to
attract the attention of the press. Of course, I
was n't to blame for that, but I had no desire to
be criticized, and I pressed the case to trial with
the utmost vigor. Indeed, I rushed it so furiously
into court that Dunham nearly broke my heart
when he tripped me with a dictionary."
"Tripped you with a dictionary!" interrupted
Corning. "That 's a joke, is n't it 1 ?"
"Indeed it was no joke. The day before the
case was set for trial Dunham called at my office
to advise me — out of professional courtesy, he
said — that there was an error in that part of the
indictment which described Limond's wound as
being in his breast. 'Well, it was in his breast,'
22
THE PEOPLE VS. DENSLOW
I asserted. No mistake about that. 'But not in
his b-r-e-s-t,' he persisted, showing me the mistake
in typewriting the word. I laughed, but he re-
torted by pulling down one of the law reports
from my shelves and pointing to a decision that
declared that such misspelling in an indict-
ment rendered it fatally defective. . . . Maybe
you think there is no such case, Corning? Oh!
You have seen that one, have you? Well, I
did n't thank Dunham for showing it to me. The
old fox merely wanted to save himself the trouble
of drawing up motion papers, and knew this pre-
tended courtesy would serve him equally well.
And it did. I consulted with my chief, of course,
but he decided it was n't safe to proceed in the face
of that decision, and we began our proceedings
all over again.
"By this time you can readily believe that I had
grown somewhat wary, and I tell you every / was
crossed and every i dotted before my new papers
were filed. Indeed, they must have been pretty
well drawn, for Dunham was plainly worried,
and he fairly deluged me with motions to inspect
23
THE THIRTEENTH JUROR
the minutes of the grand jury, to change the place
of trial, to determine the sanity of the prisoner,
to stay the trial pending the arrival of missing
witnesses, to do anything and everything that
would delay the proceedings or free his man by
hook or crook. I 've got the documents that were
printed at the State's expense in the various ap-
peals before a jury was even as much as summoned
in Denslow's case, and I give you my word they
fill two volumes, each as big as an unabridged
dictionary.
"But we got to trial at last, and though the
case was simplicity itself, I prepared it with the
utmost care. Not too carefully, however, for
Dunham poured exceptions into the record in a
steady stream, and strung out the testimony day
after day until he accumulated such a mass of
stuff that two assistants of mine had to work
nearly a month with the stenographers' notes
when it became necessary to print the paper-s^pn
appeal. . . . Oh, yes, of course I convicted
Denslow. But that is n't the point of my yarn.
You don't suppose I 'd bore you fellows if I 'd
nothing more to offer than the old, old story of
24
THE PEOPLE VS. DENSLOW
the law's delays. As a matter of fact, I convicted
Buck four times.
"I don't know that the details of that long
game of 'last ta^ would interest you, but some
of them were a bit out of the ordinary. After
the first verdict the appellate court ordered a new
trial because of a technical objection which Dun-
ham had interposed to the method of drawing
jurors. It was a perfectly absurd quibble, but
there was no help for it, so I put him on trial
again, and, avoiding the previous pitfall, obtained
another conviction. Did it stand? It did not.
The jury had agreed late at night, and the judge
had ordered them to render a sealed verdict which
the foreman had recorded in due form, except that
he had written that the prisoner was guilty of
murder in the first decree instead of the first de-
gree. That was Dunham's chance, and, with the
aid of his old reliable dictionary and the learned
reviewing court, his client received a new lease of
life and another new trial.
"New trials for old was the order of the day
with me now, so I was rather surprised to get
through two appeals after the next conviction
25
THE THIRTEENTH JUROR
without mishap. But the Court of last resort
came to Denslow's rescue just in the nick of time
with an opinion declaring that the judge who sen-
tenced the prisoner had erred in failing to ask
him the formal question as to whether or not he
knew of any reason why sentence should not be
pronounced against him. ... I '11 show you that
masterpiece of judicial erudition some day, if you
have n't already come across it in the books.
"Well, practice makes perfect, and the next
time I brought my man before a jury I sustained
his conviction through all the courts, and the day
set for his execution was just five years after the
commission of his crime, which up to that date
had cost the State nearly twenty thousand dol-
lars."
"I know another case that took even longer
than that," observed one of the audience, as Poin-
der paused.
"Of course you do," he admitted. "The law
books of this country are filled with them. But
you won't find the climax of this case in the
records, my friend."
"Don't get alarmed, Bigelow," admonished
26
THE PEOPLE VS. DENSLOW
Foster, addressing the interrupter. "This story
does n't infringe on any of yours. Did n't you
hear Dick say there was a point to it? Go on,
Poinder."
27
CHAPTER III
NEWLY DISCOVERED EVIDENCE
"I would rather be eaten to death with rust than be
scoured to nothing by perpetual motion."
Henry IV.
*T)ERHAPS I needn't tell you that long be-
A fore I convicted his client for the fourth
time Dunham and I had become pretty bitter
enemies," continued Poinder as the laughter
subsided. "I don't believe I 'd spoken a word
to him outside the court-room for three years, and
my office associates, who had begun by joking me
about the case, had ended by sympathizing with
me and sharing my feeling toward the Resurrec-
tionist. The final decision of our highest courts
was accordingly welcomed as an office triumph,
and I was congratulated accordingly. But the
congratulations were premature.
"It was about this time that electrocution was
substituted for hanging in our State, and Dunham
28
NEWLY DISCOVERED EVIDENCE
appealed to the Supreme Court of the United
States on the ground that the new law violated the
Constitution. No one supposed that that tribunal
would interfere, and, as a matter of fact, it made
such short work of the contention that Denslow
merely gained a few months' respite. There was
then only one move left for his counsel, and of
course he took it by petitioning the Governor for
clemency on behalf of his client. But I knew
that if the Executive interfered to save that cold-
blooded murderer he might as well sign a com-
mutation in blank for all assassins, and I had no
fear of the result. Nevertheless, it was not until
I filed away his brief memorandum denying the
petition that I regarded the case of People vs.
Denslow as officially closed, and felt justified in
dismissing it from my mind."
"I should think you 'd have nicknamed Dun-
ham the Obstructionist instead of the Resurrec-
tionist," observed Foster.
"Well, we might," resumed Poinder, "if he 'd
displayed nothing more than commonplace jug-
glery with the law. But though Denslow was,
figuratively speaking, at the end of his rope, his
29
THE THIRTEENTH JUROR
lawyer was n't, and a few days before the date
set for Buck's execution this was impressed on
my mind in a really startling fashion.
"I had arrived at my office somewhat earlier
in the morning than usual, and was surprised to
find a visitor already waiting for me in the ante-
room, who introduced himself as Dr. Emile At-
wood. He 's dead now — God rest his soul ! —
but that was n't his right name, and I 'm not go-
ing to tell you what it really was. Naturally, the
name he used suggested nothing to me, but he ap-
peared to be a highly intelligent, cultured gentle-
man, and I begged him to state his business, which
he did by remarking that he had called to talk
about the case of Buck Denslow.
" 'Good Lord !' I exclaimed. 'I thought I was
through with that case. Well, what about
it?"
" 'I want to ask you,' he inquired, 'if there is
still any chance of a reprieve or commutation of
Denslow's sentence?'
" 'Certainly not,' I replied. 'He ought to have
paid the penalty of his crime five years ago. He
and his lawyer have cost the State nearly twenty
30
NEWLY DISCOVERED EVIDENCE
thousand dollars already, and I think it 's about,
time they stopped cheating the law at the public's
expense.'
" 'The defense has been quite as costly,' he ob-
served, reflectively.
" 'Nonsense !' I retorted. 'Denslow has n't a
cent and Dunham has spent comparatively
little.'
" 'He 's spent nothing,' he replied. 'But still,
if it is any satisfaction to the State to know it, the
defense has been costly. I know it, because I
supplied the funds myself.'
"There was a time in my professional career
when that reply would have astonished me, but
I had long since schooled myself against sur-
prise.
" 'I see,' I responded, quietly. 'You thought
Buck innocent 1 ?'
" 'On the contrary,' he replied with equal calm-
ness, 'I knew he was guilty. A more contempt-
ible murderer never lived.'
" 'Then why, in the name of common sense,
my dear sir, did you spend money to defend him?'
I demanded.
31
THE THIRTEENTH JUROR
" 'Merely to appease my conscience,' he replied.
'I killed Ben Limond myself.'
"All my years of training were not proof
against the exclamation of incredulity that escaped
me. And yet there was something in the doctor's
hard, matter-of-fact tone — something in the way
he looked at me as he removed his glasses and
calmly polished the lenses in his handkerchief —
which convinced me that he believed he was speak-
ing the truth.
" 'You must be out of your mind !' I asserted.
'Denslow and nobody but Denslow killed Limond.
There were two eye-witnesses of the murder. No
less than four juries have convicted the man of
that crime. What in the world do you mean by
saying you are guilty of it?'
"The doctor readjusted his glasses and settled
back in his chair.
" 'I have no wish to be melodramatic,' he ob-
served, dispassionately. 'I hate all posing of that
sort, and the facts are very simple.'
"I did not trust myself to speak, but merely
nodded approvingly.
" 'Limond was brought to the Emergency Hos-
32
NEWLY DISCOVERED EVIDENCE
pital where I was the visiting surgeon immediately
after Denslow shot him,' he explained, in the cold
professional tone of statement. 'He was not
dead, but I saw at a glance that his wound was
probably fatal. However, the proper thing to do
was to attempt an operation, and he was put un-
der ether at once. It seemed a hopeless task, but
as I worked the thought crossed my mind that
here was a magnificent opportunity for an experi-
ment I had long desired to make in an operation
of this kind but had never quite dared risk.
There was no time to debate the question of pro-
fessional ethics or legal responsibility — the temp-
tation was overwhelming, and I simply could not
resist it. All I wanted to do I could effect very
quickly. Moreover, Denslow was virtually mori-
bund, and my greatest fear was that he would die
before I could make my experiment. . . . Well,
he must have been even nearer death than I sup-
posed, for his life went out under my instrument
like a candle under one's thumb and finger.'
"The doctor paused and snapped his fingers to-
gether.
" 'Just like that,' he commented, musingly.
33
THE THIRTEENTH JUROR
"I stared at the speaker with unfeigned amaze-
ment, wondering whether I had to deal with a
lunatic or a sane man. He speedily resolved my
doubts, however.
" 'At the time I felt no compunction whatso-
ever for my act,' he continued. 'Limond might
have lived anywhere from an hour to a day had I
not interfered, but no longer. I did not, in any
real sense, feel guilty of his death. Indeed, what
I did was such a slight matter that the coroner en-
tirely overlooked it, and it was not until a few
weeks later, when an operation successfully per-
formed on a similar case showed me just where I
had made my mistake, that I gave the matter any
further thought. Then, of course, I began to be
disturbed by the situation. Perhaps I would
have done better had I sought the advice of some
lawyer. But I did not. I thought the whole
thing out for myself. If I confessed exactly
what had happened at the hospital, I fancied that
I might be indicted as a criminal and I knew my
reputation would be ruined, and I was just on the
threshold of a highly successful career. Had
there been the slightest doubt of Denslow's guilt
34
NEWLY DISCOVERED EVIDENCE
I would not have hesitated a moment to sacrifice
myself. But, as you know, the man was a cow-
ardly murderer, richly deserving his fate. It
was madness to think of blighting all my pros-
pects in his behalf. Nevertheless, the matter
preyed upon me, and I finally compromised with
my conscience by secretly furnishing Denslow
with the means of retaining Dunham and indi-
rectly supplying him with funds to keep up the
fight in the hope that he would find some way of
at least saving his client's neck. That was all I
wanted. But I now see that he has merely suc-
ceeded in making a mockery of the law, and money
out of me.'
"You may imagine with what feelings I lis-
tened to this extraordinary statement, but despite
my exasperation and disgust I could not but feel
some sympathy for the fellow. When I spoke,
however, my tone was brutally harsh and forbid-
ding.
" Well, why do you consult me, Doctor?' I de-
manded.
" 'To ascertain if there is anything I can do,
short of a confession, to save Denslow's life,' he
35
THE THIRTEENTH JUROR
answered, suavely. 'You are the public prosecu-
tor in this case. Perhaps if you made the proper
representations to the Governor he would com-
mute the sentence.' *
" 'I shall do nothing of the sort, sir,' I retorted,
sternly. 'You 'd better get your full money's
worth out of your friend Dunham and go to him
for advice.'
" 'That will not be necessary,' he asserted, com-
placently. 'I have laid the facts before the pub-
lic authorities. If they do not choose to act upon
them, that proves that they think the law should
be allowed to take its course and shows me that I
have given myself a vast deal of unnecessary
anxiety and expense for nothing. In any event, I
wash my hands of all further responsibility in the
matter, and wish you good-morning, sir.' "
"Well, that fellow was certainly a cool prop-
osition," commented Brundage. "What the
dickens did you do, Poinder?"
"What could I do, Tom? As a prosecuting
official, you know I couldn't suppress the facts;
and as a man and a lawyer, you know that they
36
NEWLY DISCOVERED EVIDENCE
didn't really affect the question of Denslow's
guilt at all. He and not the doctor really killed
Limond. Oh, of course I know there are de-
cisions freeing murderers because the surgeons who
sought to save their victims were careless or in-
competent, and I was equally well aware that all
that bad law would be grist to Dunham's mill;
for what has fooled judges can be used to fool
juries. However, there was no escape, and I
actually had to supply the fellow with the am-
munition for demanding another trial on the
ground of this newly discovered evidence. In-
deed, I 've always thought it must have been this
humiliating duty that precipitated the nervous
breakdown which incapacitated me for the next
twelvemonth. Anyway, when I recovered and
returned to the office the People vs. Denslow
gave me no further concern. In my absence it
had been turned over to one of the most hopeless
blunderers on our office staff, who permitted one
of his eye-witnesses to be smuggled out of the
State under his very nose, and got his whole case
so side-tracked that before it was reached the other
eye-witness died. You can fancy what kind of
37
THE THIRTEENTH JUROR
a showing he made on the trial against Dunham
and his corps of surgical experts. No wonder
the jury acquitted the innocent Buck!"
"Gee whiz!" ejaculated Eph Bisland. "Got
off scott free after all! Eh?"
"Yes, as far as the law was concerned," drawled
Poinder. "But one of Limond's friends shot him
the day he left the jail, and the police never
caught his executioner."
"And this is a government of law !" muttered
Gedney.
"No, sir — of lawyers," laughed Brundage.
The little man rose to his full height and
glared angrily at the speaker.
"You laugh, sir!" he burst forth, fairly trem-
bling with rage. "You dare to laugh at such
mockeries of justice! It is infamous, sir! It is
downright infamous that a public officer of the
law should treat such scandalous outrages as a
joke, and consent to giggle at evils that are under-
mining our government, debauching our con-
sciences, and shaming us before our neighbors and
38
NEWLY DISCOVERED EVIDENCE
the world. Sir, your imbecile laugh will sound
the doom of this country — if — "
"Come, come, Mr. Gedney," interrupted Poin-
der, soothingly. "You mustn't get excited.
We 've got a hard day before us to-morrow, and
you and I must go up stairs to prepare for it.
Brundage and I will discuss the whole subject
with you dispassionately some other day, won't
we, Tom?"
The Prosecutor nodded understandingly.
"Certainly," he responded; "and I sympathize
with your views more than you suspect, Mr. Ged-
ney," he added, soberly. "Good-night, sir."
"Good-night."
The little man was already on his way toward
his room as Brundage spoke, and his response was
uttered without turning his head, as, accompanied
by his counsel, he mounted the creaking stairs.
For a moment there was a dead silence in the
lobby, its occupants> apparently listening to the
sound of the retreating footsteps. Then the front
door opened and young Hixon, knocking the snow
off his shoes, resumed his seat in the circle.
39
THE THIRTEENTH JUROR
" Where '*Poinder and Gedney 1 ?" he inquired,
glancing about him.
"They 've gone up stairs," answered Brundage.
"Their case goes on to-morrow, you know."
"I bet it doesn't," asserted Hixon. "Wit-
nesses - in-the-case-of-the-Supply-Company-vs.-
Gedney-will-return-to-the-court this year — next
year — sometime — never!" he chanted. "The
Supply people have retained Poinder's friend the
Resurrectionist. That 's what he 's in Belo for.
Wow ! What a pleasant little surprise for Poin-
der ! And, say, Pete, I guess you 'd better get a
padded cell ready for Gedney! . . . Shut up
yourself, Brundage! I '11 talk just as much as I
like!"
40
CHAPTER IV
THE TOP OF THE CALENDAR
"It pleases time and fortune to lie heavy
Upon a friend of mine who, in hot blood,
Hath stept into the law, which is past depth
To those that, without heed, do plunge in "
Timon of Athens.
AT its best the lobby of the Reeve House could
not be truthfully described as cozy. On
winter evenings, with the visiting court crowd
seated around the old wood stove, it was cheery,
but warmth was about the only comfort it sup-
plied. The memory of those joyous occasions,
however, so completely transfigured it in the eyes
of its devotees that they would probably have re-
sented the introduction of modern improvements
had their host been inclined to such sacrilege.
But Old Man Reeve had apparently never con-
templated any change in the severe simplicity of
his private forum since the day he had hung the
41
THE THIRTEENTH JUROR
framed lithograph of the Bar of Fraser County to
one of its yellowing walls, and that lone effort at
adornment was beyond the recollection of most of
those who now attended the sessions of the Cir-
cuit Court at Belo.
But, bare and uninviting as the lobby usually
was, it never seemed quite so hopelessly crude or
so shamelessly dilapidated as it did when the first
light of dawn streaked through its shop-like win-
dows, revealing the "clothes-pole" columns sup-
porting the papered ceiling, the dead stove pow-
dered with ashes, the mournful circle of empty
chairs, the displaced tables, the scattered trunks,
the unswept floor, and all its other uglinesses
in the disarray of recent occupation. Fortunately,
the only person subjected to the depressing influ-
ence of the place at that gray hour was usually
proof against it, for Zeb Turner, the fire-maker
and handy man of the Reeve House, was a cheer-
ful youth who generally whistled as he worked.
On the morning appointed for the trial of Ged-
ney's case, however, Zeb was not in his happiest
mood, for he had sat up until nearly twelve o'clock
the night before listening to the lawyers discuss
42
THE TOP OF THE CALENDAR
the exciting possibilities of the impending legal
battle, and had risen earlier than usual with the
idea of finishing his tasks in time to witness the
coming fray. It was probably his loss of sleep,
therefore, combined with the raw chill of the
morning air, that dampened his normally buoyant
spirits and toned his whistle to a minor key.
Certainly the sound of the drizzling rain on the
moist-screened window-panes, the wintry black-
ness of the sky, and the stale atmosphere of the
lobby were depressing enough to lower any one's
vitality; but as the boy paused, shivering and
yawning, on the threshold, he was conscious of an
uncomfortable feeling that could not be attributed
to his dismal surroundings. For a few moments
he was utterly unable to fathom his sensations,
and then it gradually dawned upon him that he
was afraid — afraid that the room which ought to
have been vacant was inhabited, and that some-
where in the darkness something or somebody was
watching his every movement. As if in response
to this dread impression, he tiptoed across the floor,
his rubber boots making little or no sound, and
paused near the office desk in a listening attitude.
43
THE THIRTEENTH JUROR
Hearing nothing, he noiselessly opened the stove
door, deposited his bundle of paper and kindling,
and peered apprehensively into the gloom as he
fumbled in his pocket for a match. When he
found it, however, instead of striking it as usual
on the metal floor-shield at his feet, he stroked it
cautiously against the inner lapel of his coat, and,
shading the smoldering stick with his hand, raised
it above his head. For a second or two the glow
of the burning sulphur only served to intensify
the darkness, but as the wood caught fire big
shadows began to dance upon the walls, and in
the flickering light Zeb saw something that held
him open-mouthed and staring. Behind one of
the writing-tables at the far side of the room stood
a small, gray-haired man attired in his night
clothes and dressing-gown, nervously arranging
bundles of papers and packages of books, first on
one side of the table and then on the other, his
hands trembling with excitement, his head vibrat-
ing as with palsy, his mouth set in a hideously in-
gratiating grin, and his eyes wide open but as un-
seeing as the blind.
44
THE TOP OF THE CALENDAR
The match in the boy's hands scorched his fin-
gers before he dropped it, blotting out the startling
figure, but he continued to stare in its direction
as he crouched and, groping behind him for his f
lantern, drew it to him and lighted it solely by
the sense of touch. Then he raised it above his
head, and its glow apparently attracted the atten-
tion of the man behind the table, for he turned to-
ward it, glaring savagely like a hunted animal and
shielding his litter of books and papers with out-
spread arms. Then he suddenly turned away
with a snarl and recommenced the hurried, nerv-
ous shifting of his documents. One glance had
been sufficient for Zeb to identify the man, and,
with a half-suppressed exclamation of alarm, he
swung on his heel and, dashing up stairs, ham-
mered at the nearest bedroom door, which
promptly opened, disclosing Old Man Reeve
partly dressed and apparently in the act of shav-
ing.
"Hello, Zeb !" he drawled. "What *s the mat-
ter with you? House on fire, or what?"
"Matter enough, Pete !" panted the boy. "Old
45
THE THIRTEENTH JUROR
Mr. Gedney 's down stairs in his nightshirt fussin'
with his books and papers, and actin' that wild
he 's got me 'most scared to death."
Startling as the information was, it did not dis-
turb the serenity of Peter Reeve's round, good-
natured face.
"Sho!" he muttered, musingly. "I kinder
thought they'd git Dave all worked up 'fore
they wuz through last night. But there ain't no
sense in gittin' flustered 'bout it. He's proba-
bly walkin' in his sleep and dreamin' his case is
being tried. I '11 go down and 'tend to him just
soon 's I kin git my clothes on. Meanwhile you
go and rout out Lawyer Poinder, but don't raise
the hull house doin' it. Understand? Then
jump, son!"
The boy sped down the narrow hallway and
the hotel proprietor re-entered his room, emerg-
ing again just as Zeb hove in sight, followed by
a tall, keen-faced, clean-shaven man, slightly be-
yond middle age, alert and active in every move-
ment.
"Well 1 ? More trouble, Pete 1 ?" he queried, as
he greeted his host.
46
THE TOP OF THE CALENDAR
The old man shook his head.
"Reckon not,. Mr. Poinder," he answered.
"How 'n thunder you git dressed so quick 1 ?"
"By not having undressed, Pete. When our
friends the enemy retain a fellow like the Resur-
rectionist over night, it 7 s well to do some think-
ing before morning, so — "
"Dave 's been thinkin' too," interrupted Reeve
with a jerk of his thumb toward the lobby.
"You and him '11 both be in slings ef you don't
stop your fool thinkin'. Let 's go down and git
him to bed. Hush! — Wait! He's comin'."
"Don't wake him, Pete, if he 's asleep," warned
the attorney. "It's sometimes dangerous.
Cover your lantern quick, Zeb! . . . Now step
over here. . . . No! More into the shadow.
. . . That's right! Now don't speak or move.
I'll do whatever 's necessary."
Mr. Gedney had already reached the first land-
ing as the lawyer whispered his instructions, and
in another moment he appeared at the head of the
staircase and paused, panting under a heavy load
of books and papers. All trace of anger had
faded from his face, the ugly, set grin had relaxed,
47
THE THIRTEENTH JUROR
and his whole appearance was merely that of an
aged man wearied to the verge of exhaustion.
Indeed, he seemed so nearly on the point of col-
lapse as he stood swaying under his ponderous
burden that Mr. Poinder instinctively moved for-
ward to his support, but at that instant his client's
lips parted with a tired, twitching movement.
" 'The top of the calendar* to you, sir," he
whispered, inclining his head. "A happy — a
most happy greeting. ... I thank you. 'The
top of the calendar' to you, sir, when your time
comes. . . ."
He paused, lurched toward his counsel, gazed
at him for a moment with a bewildered stare and
then with slowly dawning recognition.
"I was just wondering where you were, Mr.
Poinder," he remarked at last in feeble, trembling
tones. "I 'm glad to see you 're still up, sir. . . .
There are one or two things that have worried me
in these books and papers. . . . Yes, thank you,
if you don't mind. They are a bit heavy. . . .
And I feel so tired — more tired than I ever was
before. . . . Yes, I wish you would. We could
talk as I get ready for bed, and there are one or
'48
THE TOP OF THE CALENDAR
two things, sir . . . one or two things that have
worried . . . worried me. . . ."
The sound of his voice faded away as he moved
down the hall, and Old Man Reeve, answering
Mr. Poinder's parting signal, laid a finger on his
lips and motioned Zeb toward the stairs.
49
CHAPTER V
WITHOUT PREJUDICE
"All may be well ; but if God sort it so
'T is more than we deserve or I expect."
Richard III.
BREAKFAST at the Reeve House was always
a movable feast during Circuit week, to en-
able those having business with the Court to obtain
an early start, and to accommodate those who,
merely marking time with Justice, were in no
hurry to begin the day. On the morning sched-
uled for Gedney's case, however, the dining-room
was uncomfortably crowded soon after the rising
gong, and Old Man Reeve, hurrying Zeb to rein-
force the kitchen, took a hand in waiting on the
guests himself. Even then the service was any-
thing but rapid, and young Corning, watching the
clock behind ramparts of papers, fumed indig-
nantly at the delay.
5°
WITHOUT PREJUDICE
"Well, what difference does it make to you,
Corning 1 ?" demanded Brundage. "Your case
can't be tried to-day. In fact, you '11 be lucky
if you 're reached this term with Poinder, Peck,
and his friend Dunham on deck."
"Yes, and if their case does n't go on, the whole
calendar will break," grumbled the novice. "I 've
seen that happen before, and I intend to be ready
if I have to go without my breakfast."
"There are cakes this morning, my son," ad-
monished Foster, "and if you sit here eating them
until your case is reached you '11 have some weight
with the Court, for I happen to know that the
Supply people have got to give Gedney a trial this
morning whether they want to or not."
"Huh !" scoffed Corning. "Wallace Dunham
is in the game now, and if he wants an adjourn-
ment I guess he '11 get it."
"No, he won't, my boy. The Judge made
Peck stipulate in open court not to ask any more
adjournments before he gave him his last respite,
and he won't get another."
"Yes, and he had the stenographer note the
agreement," corroborated Brundage. "Peck and
51
THE THIRTEENTH JUROR
his crowd can't fool Kinsley any longer. By the
way, Pete," he continued, as Old Man Reeve
backed through the swing door bearing a heavily
loaded tray, "where was his Honor last night?"
The proprietor slid his tray over the edge of
the table and began distributing the plates like an
expert dealing cards.
"Beeksteak 's yourn, ain't it, Mr. Corning?
Ham and eggs for Mr. Mapes, and I reckon you
never tasted better ham than that, sir. Oatmeal 1 ?
— who's oatmeal 1 ? Here you are, my friend.
What did you say, Mr. Brundage? Where was
the Judge last night? Down to the Forks
'lectioneering — war n't he?"
"Yes," interposed Watkins, "and he made a
ripping good speech, too. There was n't an inch
of skin left on the opposition when he got through
with 'em. He said Diogenes would n't have even
waved his lantern in the direction of that crowd.
He 'd have known instinctively that there was n't
an honest man in it."
"That 's a pleasant sentiment from a judge
who is supposed to administer impartial justice,"
remarked Mr. Torrens, one of the few laymen at
52
WITHOUT PREJUDICE
the table. "Fortunately I 'm of his party, but if
I was n't I think I 'd ask you to take my case be-
fore some other judge, Mr. Foster."
"Oh, that 's just stump-speech humor, Mr.
Torrens," responded the attorney. "Kinsley
would n't let political differences influence him on
the bench."
"Well, I don't like a judge who mixes in poli-
tics. What 's he do it for?"
"He 's got to, I reckon," chuckled Reeve.
"That 's right, Zeb. Put those cakes down by
Mr. Corning and hurry up some more coffee.
We 're on the jump this mornin', boy !"
"Why has he got to, Mr. Reeve 1 ?"
The old man, pottering about the busy table,
paused, and, mopping his face with his apron,
smiled good-naturedly at his questioner.
"It's easy to see you ain't had any time for
office-huntin', Mr. Torrens," he remarked. "If
you had a political job — "
"A political job! Do you call a judgeship a
political job?"
"Sure. Don't you?" laughed the old man.
"Reckon you would if you was on the bench with
53
THE THIRTEENTH JUROR
the primaries close at hand and you had to get the
nomination in order to live."
"Well, Judge Kinsley certainly does n't need it
in order to live," objected the merchant.
"I don't know 'bout that — eh, boys'?" responded
his host, addressing the rest of the table. "The
Judge had a pretty fair clientage when he went on
the bench, but he was forty-five then, and it 's no
joke to begin practicin' law at fifty-five, without
a dollar in the world and a good-sized family to
support. Kinsley knows he ain't so all-fired pop-
ular, and he 's gittin' nervous. The slate '11 be
made up inside of a month now, and he 's jist got
to be on it. I reckon maybe I 'd stand on my head
and wave my legs in the air onct a day if I was
in his boots."
"Is any one else trying for the nomination,
Pete?" inquired Brundage.
The proprietor removed his spectacles and,
turning toward the window, carefully inspected
the lenses.
"Don't ask me," he responded, innocently.
The State's Attorney laughed.
"Don't ask you — you old fraud !" he exclaimed.
54
WITHOUT PREJUDICE
"If there 's any political slate made up in Fraser
County without your knowing it, I 'm mightily
mistaken. Who is the Judge afraid of, Pete 1 ?"
The old man smiled and began polishing his
glasses.
"I don't know as he 's afraid of anybody in
particular, Mr. Brundage," he responded over his
shoulder. "But there 's always candidates for a
good job, if you don't crowd 'em out, and Kins-
ley 's for keepin' his elbows spread."
"Well, the whole system is rottenly wrong, I
say," interposed Mr. Torrens. "Judges ought to
be appointed for life or during good behavior.
That 's the only way to place them beyond the
reach of politics or any other influence. Eng-
land had to learn that, and her judges have the
entire confidence of the people. Until we do
something like that in this country we '11 never
have a proper administration of justice."
"Hope you '11 live till you see it, sir," laughed
Foster. "Hello, Poinder," he continued, as Ged-
ney's counsel appeared at the door. "All primed
and loaded for the Resurrectionist, old man?"
The lawyer smiled and waved a general greet-
55
THE THIRTEENTH JUROR
ing to the company, as he took his place at the
table.
"Yes, sir. It'll be 'stand and deliver' this
time," he responded. "By the way, Pete," he
continued, "do you mind sending some coffee and
toast up to Mr. Gedney? He doesn't feel like
coming down to breakfast. Hello, Brother Corn-
ing! What are you doing with all those docu-
ments? You look as though you were going to
bury your opponents with papers."
"I am if you don't monopolize the court," re-
sponded the youth. "Are you sure your case will
go on, sir?"
"Sure as shooting."
"How long will you take?"
"Well, the facts are very simple, but when Dun-
ham once gets started it 's hard to stop him short
of a week."
"Better not let the Judge know that, Poinder,"
warned Watkins.
"Why not?"
"Because this is his busy season down at the
Forks. He cut the proceedings pretty short yes-
56
WITHOUT PREJUDICE
terday to get an early train, and I imagine he can
use all his spare time between now and election
day."
"By the way," inquired Brundage, "what's
your friend Dunham's politics, Dick?"
Mr. Poinder reached forward and speared a
roll with his fork.
"Can't you guess, Tom?" he responded.
"You don't suppose the Supply Company would
deliberately retain one of the opposition to con-
duct its case before a partisan like Kinsley? No,
sir. Dunham professes the same political faith as
the Judge, and he used to stand pretty high in the
inner councils of his party. But, fortunately, it 's
our party too, for we 're all of the same persuasion,
so there won't be any politics in this case. . . .
What say, Corning?" he continued, as the young
man paused beside him on his way from the room.
"Yes, my boy. It 's perfectly safe as far as I can
see. Let your witnesses go for a couple of days
anyway, and then you can judge the situation.
. . . Now, Zeb, don't pay any attention to these
gentlemen of leisure, but devote yourself exclu-
57
THE THIRTEENTH JUROR
sively to me. Coffee, oatmeal, rolls, beefsteak,
bacon, eggs, and cakes will do. I 'm nervous and
have n't any appetite this morning."
"Say, Pete, if he ever gets really hungry, make
me your Receiver in Bankruptcy — will you?"
drawled Brundage, rising as he spoke.
"On the principle of 'After me — the Deluge?' "
suggested Poinder.
"Yes, I 'm afraid there '11 be nothing left but
water after you 're satisfied," retorted his friend.
"What have you got there, Ellen?" he continued,
addressing the waitress. "The mail? Well,
don't let Mr. Poinder see it. He '11 mistake the
post-bag for a nose-bag and eat up all your let-
ters."
The State's Attorney slipped from the room as
he spoke, and his victim joined in the general
laugh, as Ellen, giving him a suspiciously wide
berth, handed the mail-bag to her employer.
All conversation ceased as the guests became
absorbed in their letters, and Mr. Poinder, divid-
ing his attention between his mail and his break-
fast, did not observe that the others had left the
table until he looked up and found himself alone
58
' The mail ? Well, don't let Mr. Poinder see it,'
WITHOUT PREJUDICE
with the proprietor, who was gazing at him with a
curious expression on his face.
"Well, Pete, what 's the matter 1 ?" he inquired.
The old man ran a finger around the inside of
his collarless shirt-band as though it was choking
him.
"I dunno as anything is, Mr. Poinder," he re-
plied. "But you allowed a while ago that there
wuz no politics in my old friend Gedney's case.
Did you really mean that?"
The lawyer nodded.
"How can there be?" he queried. "We 're all
of the same party, and Kinsley understands the
situation thoroughly."
"You mean he knows that Dave Gedney will
be ruined if his case ain't tried this term," assented
the veteran. "But if it is tried, maybe the
Judge's chances of a renomination might be ruined.
Have you thought about that?"
Mr. Poinder leaned forward on the table and
looked squarely into the speaker's eyes.
"Come, Pete," he began, "what are you driving
at?"
"Can't you see through a millstone with a hole
6l
THE THIRTEENTH JUROR
in it?" growled the old man. "You said this city
fellow, Wallace Dunham, was a pretty active
worker in politics, and we know he came here yes-
terday by way of the Forks. Well, how do you
know he and Peck ain't been takin' a hand in lo-
cal politics for their client's health?"
The lawyer pushed his chair back and threw
up his hands in an attitude of mock despair.
"Good Lord, Pete! You might as well kill
me as scare me to death !" he exclaimed. "You 're
getting as nervous as Gedney and shying at shad-
ows. Come over to the court in about an hour
and I '11 show you that there is n't any politics —
or anything else in this case. I 've met the Res-
urrectionist before and know all his little tricks
and ways."
Mr. Poinder gathered up his letters and moved
toward the door as he spoke, but for some mo-
ments the old man remained seated, apparently
lost in thought. Then he slowly rose arid began
clearing the table.
"Ain't no politics in this case — ain't there 1 ?" he
muttered to himself. "Well, if there ain't, it '11
be the first good chance I 've seen missed in Fraser
62
WITHOUT PREJUDICE
County since I 've been in the game, and I 've
been in it a pretty long time. A pretty — long —
time."
63
CHAPTER VI
TAKEN BY SURPRISE
"Expect the unexpected and cultivate resourceful-
ness if you would not fear surprise."
Axioms of Strategy.
ON fine mornings the approach to the court-
house was almost as popular a resort for the
legal fraternity as the lobby of the Reeve House
was at night. But when Peter Reeve emerged
from the dining-room, umbrella in hand, and
gazed out of the rain-splashed windows of the
empty lobby, he found the village green almost
equally deserted. Evidently the inclemency of
the weather and the demand for seats had driven
the crowd to seek an early shelter in the little one-
story brick building which, housed the Circuit
Court. So, after studying 'the dismal prospect for
a while, the proprietor walked slowly back to the
office desk, laid aside his umbrella, and, entering
64
TAKEN BY SURPRISE
his private room, seated himself before the tele-
phone. For a few moments he sat with his hand
resting idly on the instrument, and then, lifting
the receiver, called up a number in Crosby's Forks,
and, partially closing his door, began a low-toned
talk. Then in rapid succession he rang up other
local numbers, holding a brief, spirited conversa-
tion with each of those who answered his call, and
he was still busy on the wire when the sound of a
neighboring church clock warned him to mutter a
hasty good-by and sent him hurrying toward the
court.
Every seat in the bare, low-ceilinged room was
occupied as he pushed pantingly through the doors,
but Mr. Brundage secured a place for him by dis-
lodging a clerk. The Judge was not yet upon the
bench, but at the counsel's table sat Mr. Poinder,
David Gedney, and his son, with half a dozen wit-
nesses behind them, and a great mass of books and
papers methodically arranged on the table for im-
mediate use. Peter Reeve gazed closely at his old
friend, but Gedney was apparently none the worse
for his night's experience, and as he sat chatting
unconcernedly with his counsel he seemed to be in
65
THE THIRTEENTH JUROR
better spirits than most of those about him. In-
deed, the audience, as a whole, appeared strangely
ill at ease. Ordinarily the court-room fairly
hummed with conversation, but now there was
scarcely a whisper to be heard, and the spectators
fidgeted in their seats, constantly turning with ex-
pectant glances toward the door. For a time the
host of the Reeve House attributed this strained
atmosphere to the tardiness of the Judge, but as he
scanned the room more closely he suddenly real-
ized what was troubling its occupants, and plucked
Mr. Brundage by the sleeve.
"Where 's the Supply Company people 1 ?" he
whispered.
The State's Attorney shrugged his shoulders.
The old man stared at him with open-mouthed
astonishment.
"Ain't Lawyer Peck nor the Dunham man
turned up yet?" he demanded.
"Not a sign of them," answered Brundage.
"I guess Brother Dunham is n't used to our early
country hours, and the Judge is arranging things
to suit him. These delicate compliments to city
counsel are all right, I suppose, but we ought to be
66
TAKEN BY SURPRISE
warned of them beforehand. I could have slept
another hour this morning and — "
A general movement in the rear of the room in-
terrupted the speaker, and, turning, he observed
the subject of his remarks entering the door, pre-
ceded by Mr. Artemus Peck. Wallace Dun-
ham's huge form appeared even more bulky in the
little court-room than it had in the hotel lobby
on the previous evening; and his high silk hat,
fur-lined overcoat, and chamois gloves created
an even greater sensation. He seemed perfectly
at home, however, and, passing directly to the
counsel's table, recognized Mr. Poinder, who rose
to greet him. As the two opponents stood con-
versing, the spectators watched them with silent
fascination, as though momentarily expecting
some dramatic development. But when the
court crier, rapping for order on the panels of the
bench, announced the advent of the Judge, there
was an audible relaxing of the tension. Some
one hastily provided chairs for the distinguished
counsel and his associate, and the room was
again hushed as the Hon. Jacob Kinsley emerged
from his chambers. Wallace Dunham was the
67
THE THIRTEENTH JUROR
only person who rose at the entrance of the
Judge, for Fraser County was not accustomed to
even the most ordinary exhibitions of deference
for the Bench.
Indeed, the action of the visiting jurist oc-
casioned a titter throughout the court-room, and
the Judge, visibly embarrassed, mumbled his cus-
tomary greeting to the audience more rapidly than
usual, and straightway plunged into the business
of the calendar.
"No. 1. The Farm Supply Company against
Gedney."
"Ready!"
There was a note of challenge in Richard Poin-
defs voice as he ripped out his response, but there
was no answering expression on Dunham's hard
face as he rose to reply.
"If the Court please," he began, with pomp-
ous deliberation. "My associate informs me
that he is precluded by a stipulation from asking
an adjournment of this case. But before we
proceed I venture to crave the indulgence of
your Honor for a moment. I was retained for
the plaintiff by telegraph yesterday; started for
68
TAKEN BY SURPRISE
Belo within two hours • arrived here last evening,
and have been in consultation with my associate
ever since. I realize, however, that your Honor
would not be justified in showing us any consid-
eration on that account, and it is not as counsel
for the plaintiff that I obtrude the facts that I
have mentioned upon your Honor's attention.
It is rather as a friend of the Court and in the
interests of justice that I speak, because al-
though I have not yet been able to make a
thorough examination into the facts of this case,
I have learned enough to convince me that a
settlement is the only proper solution of the con-
troversy, and that it is perfectly susceptible of such
an adjustment. I feel it my duty, therefore, as
an officer of the court, to apprise your Honor of
my conclusion, so that if it shall appear to you
that a delay of twenty-four hours now may per-
haps save years of legal strife, you may take the
appropriate action. I myself, however, make no
application for postponement, abiding strictly by
the terms of my associate's stipulation. Indeed if
my suggestion does not meet with the entire ap-
proval of the Court I shall be ready to proceed at
69
THE THIRTEENTH JUROR
once, merely regretting the failure of my well-
meant efforts to expedite justice."
There was a ring of earnestness in the eminent
advocate's suave appeal, and more than one in
the rapt audience nodded approvingly as he re-
sumed his seat. The Judge, too, seemed im-
pressed with his evident fairness, for there was a
note of approbation in his voice as he addressed
the defendant's counsel.
"Well, Mr. Poinder," he began, "what do you
say?"
"I request, your Honor, to call a jury and
proceed at once to the trial of this case," snapped
the attorney.
Even those who knew Richard Poinder best
were startled at the curt, almost harsh rejection
of his opponent's advance, and Judge Kinsley
looked as though he was a bit ashamed of the
brusk manners of his Bar.
"In view of Mr. Dunham's statement, Mr.
Poinder," he observed, "do you not think it might
be wise to suspend proceedings until there has
been at least an attempt at an amicable settle-
ment 1 ?"
70
TAKEN BY SURPRISE
A shade of annoyance crossed Poinder's face as
he rose to reply. He delayed a moment, silent, to
make sure of outward composure.
"No, sir, I do not," he asserted, positively.
"My learned friend, whose disinterested motives
impel him to make this eleventh-hour plea for
peace, knows precisely on what terms he can
avoid the strife he deplores. His client is the
aggressor. It began this litigation and it can
end it at any moment. Let us have no more
nonsense. Your Honor has long been familiar
with the whole situation. After a desperate
fight we are at the top of the calendar at last, and
I decline to recognize any flag of truce which
will cause us to yield our place."
The Judge glanced at Dunham as Poinder sat
down, and the counsel for the Supply Company,
completely ignoring his opponent's presence,
slowly rose, and, removing his eyeglasses, ad-
dressed the Bench in a confidential, almost pat-
ronizing, tone.
"In fairness to the Court," he observed, "per-
haps I ought to have advised your Honor that,
should the trial of this case actually begin, a set-
71
THE THIRTEENTH JUROR
tlement will be quite impracticable. I therefore
suggest — "
"Mr. Dunham, how long will you take to pre-
sent your case?" interrupted the Judge.
"About a week, I think, sir."
The Judge frowned, but nodded comprehend-
ingly, and, taking up the calendar-sheet, studied
it with marked deliberation, leaning back in his
chair, his elbow resting on one of its arms and a
pencil poised against his upper lip. Every eye
in the room watched him intently, but he ap-
peared oblivious of the spectators, though once
or twice he shoved his spectacles back on his fore-
head and gazed abstractedly over the room. At
last he laid aside his paper, and, removing his
spectacles, addressed the defendant's counsel.
"Mr. Poinder," he began, "I incline to the
opinion that Mr. Dunham's suggestion should
prevail. If a settlement of this case is possible,
it should be attempted. Considering the condi-
tion of the calendar and the fact that we are
nearing the close of this term, I am loth to pre-
cipitate a lengthy trial which may be avoided by
a delay of twenty-four hours."
72
TAKEN BY SURPRISE
David Gedney had risen excitedly with the
evident intention of addressing the Court as the
Judge ceased, but Mr. Poinder, catching sight of
his flushed face, checked him before he could
utter a word, and then calmly turned to the
Bench.
"If your Honor will impanel a jury now," he
answered, "so that we will be actually on trial
and hold our place on the calendar, I will consent
to postpone further proceedings until this after-
noon."
The Judge frowned and shook his head at this
proposition, but his /face showed that it was as
unexpected as it was unwelcome, and his response
was unmistakably impatient.
"We have not sufficient talesmen to admit of
impaneling juries and reserving them to meet the
convenience of counsel," he asserted. "You
know that, Mr. Poinder."
"And should a jury be impaneled," Dunham
reminded him, "no settlement will be possible.
If this case begins, it will go on," he added, sig-
nificantly.
"And if we leave it to you to say when it shall
73
THE THIRTEENTH JUROR
begin, it will never go on!" retorted Poinder,
angrily. "Your Honor, it is high time the plain-
tiff ceased to trifle with the dignity of this Court.
You will observe that counsel are here without
witnesses, as though assured of compliance with
their demands, and — "
"What do you mean by that, sir?" interrupted
Kinsley, instantly bristling.
"I mean that my professional courtesy has been
abused and is being traded upon," the lawyer re-
sponded suavely, but with a sharp glance at the
Bench. "They say that they will not settle if
they are forced to trial now. Why? I will tell
you. It is because their case will collapse the
moment the Court demands their proofs. I say
they are unprepared now. I assert that they
have not a single witness under subpoena at this
moment, and challenge them to refute that
charge."
"Not being in the habit of unmasking my bat-
teries before the event, I decline to waste words
on such a boyish proposition," responded Dun-
ham, hotly.
74
IgpK
1
TAKEN BY SURPRISE
"Then I demand a trial now!" exclaimed
Poinder.
"Demand?" repeated the Judge, reprovingly.
"Let me remind you, Mr. Poinder, that this mat-
ter rests entirely with the discretion of the Court,
which in this case — "
"Has been already exercised by your Honor's
order setting down this cause peremptorily for to-
day," interrupted the lawyer.
"In view of the new facts, however," persisted
the Judge, but before he could proceed Mr. Poin-
der again interrupted.
"New facts, your Honor?" he exclaimed.
"Where are the new facts? There is nothing
here but another new fiction. My client has not
invited any proposition of settlement, and does
not desire any adjournment to consider the same.
He comes to this forum and demands a prompt
public hearing of the matters in dispute. This
he is entitled to, not as a matter of favor, but as
a matter of right, and I therefore demand it in
his name."
A faint ripple of applause started in the rear
of the room, but instantly ceased as the Judge
77
THE THIRTEENTH JUROR
crashed his gavel on the desk and glared angrily
in the direction of the sound.
"Your client is not the only one who has rights
in this court, Mr. Poinder," he observed.
"There are other cases waiting to be tried, and I
do not intend to devote the remaining days of this
term, unnecessarily, to the trial of one cause.
The plaintiff's counsel has frankly stated his be-
lief that he can adjust this whole controversy by
suspending the proceedings for a day, and I am
of the opinion that he should have the oppor-
tunity to do so."
An intensely silent moment intervened.
"I respectfully submit that your Honor mis-
takes the function of the Court," commented
Poinder. "It is not within your province to fa-
cilitate compromises or adjustments against the
will of either party."
Judge Kinsley flushed at the fearless criticism,
and, leaning forward on his desk, pointed a
threatening finger at the speaker.
"The Court requires no instruction from coun-
sel as to its duties," he snapped. "You will
please restrain your zeal, sir! In the judgment
78
TAKEN BY SURPRISE
of the Bench a day's adjournment in this case will
best serve the ends of justice, and — "
"The ends of justice! This is the end of
justice!"
Gedney leaped to his feet as he roared out the
words, but Mr. Poinder caught him as he strug-
gled toward the judicial desk, and literally forced
him back into his chair.
"Keep silent, or we 're ruined !" he whispered,
but before he could pacify the excited man the
Judge had adjourned the case until the next day
and was busy calling the balance of the calendar.
But this ceremony merely served to verify young
Coming's prophecy, for with the unexpected
postponement of the first case the whole calendar
broke and not another cause was ready. Indeed,
before Mr. Poinder's party had gathered their
books and papers together the court-room was
well-nigh deserted. At the door, however, Old
Man Reeve was awaiting them with Zeb, and as
the latter took Mr. Gedney under his umbrella
and, partially supporting him, led the way toward
the hotel, the proprietor laid a detaining hand on
Mr. Poinder's arm.
79
THE THIRTEENTH JUROR
"Well, Counselor," he observed, "do you still
think there 's no politics in this case?"
The lawyer shrugged his shoulders.
"I don't see where, Pete," he responded.
"But something is the matter with Kinsley.
What do you suppose it is?"
"I don't suppose; I know," muttered the vet-
eran. "It 's just as I told you. Peck and Dun-
ham are threatening to put a candidate in the
field against him. And they'll do it too, if he
ain't good."
The lawyer gazed incredulously at the speaker.
"How do you know 1 ?" he demanded.
"Heard it from the Forks over the telephone,"
asserted the old man. "They 7 ve been workin'
it up for a week, and they've picked out a
popular candidate, too," he added with a sly
smile.
"Who is he?"
"Somebody they don't want the Judge to be
too friendly with just now, of course. Can't
you guess? No? Well, my son, it's y-o-u —
you!"
Mr. Poinder stared dumfoundedly at his in-
80
TAKEN BY SURPRISE
formant for a moment, and then his face grad-
ually relaxed in a smile.
"This is a joke, isn't it, Pete?" he inquired.
The proprietor of the Reeve House glanced
toward the hotel through whose doors Mr. Ged-
ney was at that moment passing.
"It 's no joke for him, I reckon," he responded,
jerking his thumb toward the retreating figure,
"and it 's a joke that 's likely to last as long as this
term does. Say, Mr. Poinder," he went on, "I
reckon there was one trick of your friend the Res-
urrectionist you did n't know, eh?"
The lawyer nodded meditatively.
"We live and learn, Pete," he admitted.
The old man eyed him narrowly for a moment
and then chuckled softly to himself.
"Well, Counselor," he drawled, "do you want
to learn another trick worth two of hisn?"
The lawyer glanced with a grim smile at the
shrewd, kindly face of his questioner.
"I 'm not above it," he answered. "But the
best move I can think of is to let Kinsley know
that it 's all a game and that I 've no intention
of running against him. Is that it?"
8l!
THE THIRTEENTH JUROR
"Nope," responded the old man. "If you did
that, maybe they'd scare him with some other
candidate. No, sir. You've got to take a
hand in their own game and beat 'em at it. Let
Kinsley know that if he don't try your case this
term you will run against him — and run against
him for fair ! So long as you 're in the field they
can't combine on another candidate in this county,
and Kinsley knows it. But ef he don't, I 've got
the delegates to prove it to him — got 'em right in
my pocket, Counselor."
Mr. Poinder gazed at the speaker with un-
feigned admiration.
"Peter Reeve," he exclaimed, "I take off my
hat to you! You ought be in public life.
You 'd surely be a king in the diplomatic world."
The veteran shook his head protestingly.
"I ruther keep the Reeve House," he responded
simply.
82
CHAPTER VII
A SHORT CAUSE
"My cause is called and that long look'd-for day
Is still incumbered by some new delay."
Dryden.
rIE postponement of Gedney's case did
not take the bar of Fraser County entirely
by surprise. Indeed, the general opinion seemed
to be that Mr. Poinder had done extremely well
in forcing his opponent to content himself with
a delay of four-and-twenty hours. It was not
often that Wallace Dunham left a court-room on
as short a tether as that, and if further obstruc-
tion was his aim, he had, in the judgment of the
experts, met with a sharp repulse. But, grateful
to local pride as this conclusion was, it could not
be accepted by the lobby of the Reeve House
without prolonged debate. Nothing ever was
accepted by that unofficial forum without the
fullest possible discussion, but on this occasion
83
THE THIRTEENTH JUROR
it decided with some unanimity that the Resur-
rectionist was merely "sparring for position" and
intended promptly to take up the gage of battle
which Richard Poinder had so defiantly flung
down.
That the wish was father to this thought could
not be denied, but no familiar of the Reeve
House would have claimed that its wish was in-
spired solely by personal regard for Poinder or
his distracted client. The Farm Supply Com-
pany vs. Gedney & Son promised to provide the
local arena with a battle royal of the law. This
was its sole interest for the legal fraternity and
revealed the open secret of its hope that the mor-
row would not see another spoke in Gedney's
wheel. No such opportunity for observing the
tactics of a distinguished trial counsel from the
city had occurred in Belo for years, and the en-
tire Bar had breathed a sigh of relief when
Poinder had refused to yield his place on the
calendar and virtually forced the court to sus-
pend proceedings for the day in order to grant the
Resurrectionist the brief adjournment he had
asked.
84
A SHORT CAUSE
It was under these circumstances that a few
hours later Foster fairly startled the lobby with
a well-nigh incomprehensible remark.
"I wish young Corning joy with his case this
afternoon," he observed, addressing the assembled
company in general.
It would have been impossible for the speaker
to frame a more inviting opening, but, curious as
his hearers were to understand the meaning of his
ominous declaration, it elicited no encouraging
response. On the contrary, those who were read-
ing screened themselves behind their newspapers
in silent protest against any violation of the un-
written law of the Reeve House which prohibited
conversation for the hour following the noon-day
meal.
Foster was perfectly familiar with this rule.
Indeed, no one but a fledgling member of the
Bar could plead ignorance of any of the tradi-
tions of the lobby, and Foster was no tyro. On
this occasion, however, he calmly disregarded the
obvious disapproval of his associates and re-
peated his remark, glancing hopefully toward the
group around the table at which Old Man Reeve
85
THE THIRTEENTH JUROR
and Brundage were playing their daily game of
checkers. Not a head turned in his direction; so,
after a pause, he rose from his chair and, standing
with his back to the big wood stove, attempted
another advance.
"A madder set of jurymen I never laid eyes
on," he commented. "Picking out the unprej-
udiced from that lot will be harder than finding
golf balls in a daisy field."
One of the readers tossed aside his newspaper
with unmistakable impatience, and, tipping back
his chair against the wall, began filling his pipe.
"I 'd rather sit in court and be paid for listen-
ing to chatter than endure it elsewhere for
nothing," he muttered.
The tattoo of applause which greeted this
caustic reproof lowered several newspaper shields
and Foster acknowledged it with a gracious wave
of his hand.
"A hit; a palpable hit, Brother Warren!" he
responded, affably. "But the trouble with your
reasoning is that the jurors on this Circuit are
paid by the term and not by the case ; so when the
calendar breaks, as it did this morning, and there 's
86
A SHORT CAUSE
every prospect of a holiday, they don't feel that
they 're exactly making money when a youngster
like Corning pops up with a plea for an afternoon
session."
An afternoon session? What did that mean?
Every man in the room knew that not a case had
been ready when the Resurrectionist had received
his eleventh-hour respite, but, though they looked
inquiringly at each other, no one voiced the nec-
essary question. Finally Old Man Reeve paused
with his hand on a checker and peered over his
gold-rimmed spectacles at the speaker.
"What are you talking 'bout, Mr. Foster?"
he inquired. "I was to court this forenoon, and
the hull calendar split to pieces after Gedney's
case went off."
"That 's what I thought, Pete," responded the
lawyer, "and the talesmen thought so too; but
just as Kinsley was leaving the bench that young
fool Corning hopped up with a hard luck story
about a short cause and a lady client from a dis-
tant town who could be ready for trial in an hour
or so. Of course I supposed his Honor would
bite the boy's head off before he 'd finished talk-
87
THE THIRTEENTH JUROR
ing, but he didn't; and when little Hixon, who
represented the other side, joined in the plea, he
actually countermanded the adjournment for the
day and ordered a recess until two o'clock. By
Jove, I '11 never forget the faces of the jurymen
at that announcement! Of all the wet hens I
ever saw they were the maddest, and if Corning
can get twelve of them to agree with him on any
subject he 's more of a wizard than I fancy."
Perhaps it was well for Corning that he did not
enter the lobby at that moment, for his reception
at the hands of his legal brethren would certainly
have hurt his self-respect. Resentment and dis-
gust were depicted in almost every face, and even
Old Man Reeve's good-natured countenance
was clouded. For a while no one spoke, and
then Parton crushed his newspaper into a ball
and hurled it at the stove.
"Gol darn all such meddling pups!" he mut-
tered. "That 's good-by to to-morrow's pro-
gram, I reckon, and with only a few days left
in this term we may as well go home."
"Not necessarily," objected Plimpton. "Corn-
ing and Hixon may finish their fight this after-
88
A SHORT CAUSE
noon. You said it was a short cause, did n't you,
Foster?"
The lawyer laughed and, hooking a chair to-
ward him with his foot, sat down.
"A short cause!" he sniffed. "I know these
simple, short causes ! They 're always so
crowded with fine points of law that the facts
get smothered, and after days of argument the
jury stays out all night and ends in disagreeing.
That '11 be the finish of this case, too, I 'd like
to bet, with all the jurors fighting mad before
they enter the box."
"Did any of them protest?"
"Protest? No! What good would it have
done to protest? But two of them did ask to be
excused, and, Kinsley being in one of his ugliest
moods, they got thoroughly snubbed for their
pains. In fact, I 've never heard his Honor berate
anybody worse than he did those two unfortunates,
and after he left the bench that secretary of his,
Abner Saltus, snarled and snapped at them be-
cause they ventured to ask a few simple questions
about the probable length of the term. If those
two fellows don't find some way of evading jury
89
THE THIRTEENTH JUROR
duty before this court meets again, I miss my
mark."
"They're fools if they don't," commented
Brundage from the checker table. "The way
we handle jurors is enough to sicken any self-
respecting citizen. Instead of regarding them
as judges of the facts who are entitled to some-
thing of the respect and consideration that is ac-
corded a judge of the law, we treat them like
criminals, unrepresented by counsel, whom every
whippersnapper of an official is free to insult! —
Foster, you 've ruined Pete's game with this
talk-fest. — That was a fatal move of yours, old
man. I 've got you absolutely. Want to strug-
gle any longer?"
The proprietor knocked the ashes out of his
pipe without removing his eyes from the board,
and his face, which had remained uncommonly
grim, gradually resumed its humorous expression.
"Reckon I '11 wriggle around for a spell," he
drawled. "War n't it you that wuz tellin' me,
Mr. Brundage, 'bout the city jury that got stuck
between floors in an elevator when retiring for
their verdict?"
90
A SHORT CAUSE
"I remember something like that," interposed
one of the onlookers. "What happened to 'em,
Tom?"
"Why, after they'd been cooped up for a
while they took a ballot and agreed on a verdict,"
responded the prosecutor. "That just suited the
Judge, who wanted to get away, so he held
court on the stairs surrounding the cage, had the
verdict recorded, and went home."
"Leaving the twelve good men and true in the
cage, I suppose," laughed Foster.
"Of course," responded the State's Attorney.
"Nobody cared what happened to them. But
they were revenged in a way, for the fellow that
lost the case appealed on the ground that the
Code required the jury to retire to a 'convenient
and private room,' and the learned reviewing
court decided that an elevator was n't a private
room and was damned inconvenient. So the
verdict was upset. Hello, Pete! what are you
doing?"
"Just forcing you to take one and lose two,"
responded the Old Man, with a chuckle. "Go
on conversin'. It 's quite a help."
91
THE THIRTEENTH JUROR
"I '11 get you yet, you old fox !" retorted his
opponent, joining in the general laugh. "There J
Now get out of that trap if you can. — What's
Coming's case about, Foster?"
"About slandering a house, as far as I could
make out," responded the lawyer.
"Slandering a house? Who ever heard of
such a thing?"
Foster shrugged his shoulders.
"Well, that 's what I 'd call it," he responded.
"Anyway, the fight is between two women, one
of whom accuses the other of spreading reports
that her house is haunted, with the result that she
has n't been able to rent it for years."
"Wow!" exclaimed Plimpton. "There's all
sorts of possibilities in that case, and — "
"There 's a whole library of law points and a
week's trial in it," interrupted Parton. "I told
you it meant good-by to Gedney's case for this
term, and I start home to-night."
Plimpton glanced at the clock, and, rising,
took his raincoat from the hook.
"I'm with you, Parton," he announced.
"Let's go down to the depot, see about the
92
A SHORT CAUSE
trains, and take in a bit of this 'house-slander'
action on the way back. We 've got plenty of
time, and, the more I think of it, the better I like
that case. It 's just stuffed full of opportunities,
and, with Corning and Hixon trying out their
horns on it, it ought to be as good as a play.
Come on, boys," he continued, addressing the
others. "Let 's meet at the court-house and
get some fun out of this rotten wet day."
There was no immediate response to this sug-
gestion, but after Plimpton had departed the
lobby gradually thinned until Old Man Reeve
and his opponent found themselves its sole re-
maining occupants. For a few moments they
continued their game in silence, and then paused,
as though by mutual consent.
93
CHAPTER VIII
LEAVE TO INTERVENE
"All is fair in love and law. In love and war you
say ? Well, is n't law a sort of civil war ?
Colline.
'\\ TELL, Pete," began the State's Attorney,
» » as he glanced up from the board, "you 're
in the double corner again and I don't seem
to have any more luck in catching you than
poor old Gedney has in corralling the Supply
people. I thought Poinder had Dunham caught
this time for sure, but it looks as though the
Resurrectionist had slipped into a sort of double
corner himself. By Jove, practising law is
rather like playing checkers, is n't it?"
The old man blew some scatterings from his
tobacco pouch onto the floor and shook his head.
"Nope," he answered. "Everything's above
board in this game."
94
LEAVE TO INTERVENE
He tapped the table as he spoke, and, rasp-
ing a match across it, proceeded to relight his
pipe.
"That 's saying a bit too much or a bit too
little, isn't it, Pete'?" inquired the lawyer, after
a pause.
The veteran leaned forward, and, resting his
elbows on the table, with his chin in his hands,
stared steadily at his questioner.
"Maybe it is, Mr. Brundage," he reflected.
"Maybe it is. But you 're a good friend of Mr.
Poinder's, counselor, so I 'm going to take a
chance and tell you something more. What 'd
you say if I wuz to tell you that Dunham worked
that adjournment this morning by playin' poli-
tics with Judge Kinsley?"
Brundage smiled.
"I 'd say that the silly season in politics had
arrived rather early this year," he responded.
"All right, counselor. I 'm not going into the
details of it, but you know the Judge is dead-set
on gettin' renominated at the primaries next
month, and I 've a notion that the Supply people
have kinder intimated that he '11 need their help.
95
THE THIRTEENTH JUROR
Anyway, there 's been some real or make-believe
opposition to him down at Crosby's Forks, and
the candidate they 're talkin' up is Poinder."
The State's Attorney gave a low whistle.
"You 're no more surprised than Mr. Poinder
wuz, counselor," continued his companion. "He
wuz for seein' the Judge at once and tellin' him
the hull thing wuz a fake. But I reckoned to
hoist 'em with their own petard this forenoon by
fixin' it so 's they could n't name any one but
Kinsley or him. So I told him — "
"I see," interrupted the lawyer. "He was to
let Kinsley understand that he 'd really fight for
the nomination if Gedney's case should be de-
layed. By Jiminy, that was pretty shrewd,
Pete!"
The old man shook his head.
"Maybe it wuz a bit too shrewd, Mr. Brun-
dage," he responded, gloomily. "I ain't so all-
fired sure they wuz playin' politics, which is a
mighty dangerous game. But, if they wuz, I
reckon we 're a day late in findin' it out. Any-
way, they 've quit it, and now they 're trying
cross-tag."
96
" Nope," Pete answered. u Everything 's above board in this game.''
LEAVE TO INTERVENE
The Prosecutor pushed back his chair with a
puzzled expression on his face.
"Cross-tag!" he exclaimed. "I don't know
what you're talking about, Pete. It's all too
much for me."
"'Tain't neither," asserted his host. "It's
plain as day. We were goin' to tag Kinsley,
and I reckon they knew it. Well, they've
crossed us with Coming's case. As long as
that 's blocking the way they don't have to ask
nothin' of Kinsley and he don't have to do
nothin'. There ain't no danger, in that, is
there?"
There was a moment's pause, and then Brun-
dage nodded comprehendingly.
"I see," he responded. "You think they got
'leave to intervene] so to speak. But would a
man like the Resurrectionist risk letting that
young fool Corning into his confidence sufficiently
to work such a scheme?"
The host of the Reeve House gave a snort of
contempt.
"Good Lord, no!" he responded; "and
'twarn't necessary. Hixon and that little rat
99
THE THIRTEENTH JUROR
Peck, who pettifogs for the Supply folks, are
thick as thieves, ain't they? Well, I reckon
they fixed it up between 'em on a hint from the
city shark, and the Corning boy has played right
into their hands."
The Prosecutor nodded again.
"By Jove, I believe you're right, Pete!" he
muttered. "I thought I knew all the tricks for
staving off the day of reckoning, but side-track-
ing your opponent for a day and then blocking
the calendar with a 'short cause' which '11 outlast
the term is a new one to me. What does Poin-
der think about it?"
"He doesn't know it's happened. He went
over to the Forks directly after court, you re-
member, and — "
"Of course. And Gedney?"
"He 's upstairs. This morning pretty nigh
killed him, and this afternoon '11 finish the job,
unless — "
The old man paused, and, taking his watch
from his pocket, carefully compared it with the
clock.
"Unless what, Pete?"
100
LEAVE TO INTERVENE
"Unless you want to come to the rescue,** i/gpf^
counselor."
Brundage stared at his host with amused as-
tonishment.
"Me?" he repeated, smilingly. "What can I
do?"
"Well," drawled the proprietor, "you 're a
friend of Mr. Poinder's, and I thought maybe
you 'd play the game for him till he got back."
"Game? What game, Pete?"
"Cross-tag, Mr. Brundage. They've shoved
Corning over to save themselves, haven't they?
Then he 's the lad to tag."
The lawyer gazed at the shrewd face confront-
ing him, as though debating the wisdom of invit-
ing further confidences along this line, but the
old man's smile was reassuring.
"I'd be glad enough to help Poinder," he re-
sponded, slowly, "but I 'm not much good at
games, Pete, and worse at guessing riddles.
What do you want me to do?"
"I want you to act as counsel for Brother
Corning, sir."
The State's Attorney threw up his hands and
101
THE THIRTEENTH JUROR
burst out laughing, but his companion stopped
him with a gesture.
"I'm not joking, Mr. Brundage," he pro-
tested, earnestly. "A boy like Corning might
drag on that case of hisn forever, but you could
finish it before nightfall. He 's nervous as a
cat, and he,'d jump at the chance of letting you
handle it for him if you volunteered to do it.
Now don't get huffy, counselor," he continued, as
he noted a shadow on the Prosecutor's face. "I
ain't for suggestin' that you throw his case. I
wuz a sort of honorary member of this Bar be-
fore you wuz much more 'n born, sir. I know
what 's what and — "
"Of course you do, Pete," interrupted the
official, cordially, "and I '11 back you up — sight
unseen. Now you 've got some sort of a plan
in your head, I know. Let 's hear it."
The old man nodded, glanced at the clock,
and, picking up his hat from the floor, jerked his
thumb toward the door.
"We ain't got much time for talkin', Mr.
Brundage," he announced. "Get your hat, sir,
and I '11 explain as we walk over to the court.
102
LEAVE TO INTERVENE
You remember what Mr. Foster wuz tellin' us
about the talesmen on this jury panel? Mad as
hops, he claimed they wuz. Well, I wuz
thinkin' that — "
He paused suddenly, observing that Zeb
Turner had entered- the lobby with an armful of
wood, and then continued calmly.
"I wuz thinkin' it was 'bout time for you to
look at the stove, Zeb. Keep her goin', but not
much more. This room heats up something
terrible when it 's crowded, and it '11 be warm to-
night. By the way, boy," he went on, casually,
"how many of them jurymen did we feed to-
day 1 ? Twenty-eight? Sure it war n't more?
All right. I 'm over to the court-house, if any-
body 's lookin' for me. Come along, Mr. Brun-
dage, right under my umbrella — plenty room for
two."
As the door closed Zeb deposited his wood on
the floor, and, stepping to the window, followed
the retreating figures across the village green
until they disappeared within the court-house.
Then he turned to his work again with a puzzled
expression on his face.
103
THE THIRTEENTH JUROR
"Shucks!" he muttered to himself. "Any-
thing that makes Mr. Brundage laugh like that
must be a zip of a story. Wonder why the old
man wouldn't let me hear it? He's gittin'
terrible fussy these days. Wantin' to count the
jurors! Ain't he got the year's contract for
feedin' 'em? What difference would it make if
there was twenty-eight or twenty-nine? Lordy,
but I wisht I was to court this afternoon."
104
CHAPTER IX
CHALLENGES FOR CAUSE
"Force first made conquest and that conquest, law,
Till Superstition taught the tyrant awe,
Then shared the tyranny — then lent it aid."
Pope.
ZEB'S wish was no exception to the general
'rule of his desires. He always wanted to
be in court, for Circuit week was the greatest edu-
cational opportunity of his life, and he bitterly
begrudged every session that he missed. On this
particular occasion, however, he gained rather
more than he lost, for, with his work completed,
he had time before supper to hear Mr. Foster give
a group of stay-at-homes (among whom, in all
innocence, he included Old Man Reeve) a full
report of everything that had happened at the
court during the afternoon.
" 'Let 's take the first twelve men that enter
105
THE THIRTEENTH JUROR
the box' — That was the bait Brundage carelessly
threw out to Hixon, Pete, and, Lord! you ought
to have seen the little trout rise to it!"
The small but attentive audience gathered in
the proprietor's private office smiled apprecia-
tively at Foster's opening words.
"I never knew it to fail with small fry,"
chuckled Warren. "It always makes 'em sus-
pect that the whole panel is packed with your
personal friends."
"It is n't necessary to be subtle with a youngster
like Hixon," commented Bigelow. "Did you
ever know a tenderfoot to miss an opportunity for
examining a jury? Why, it 's the breath of their
nostrils ! Of course the boy refused."
"Certainly," responded Foster, "and Tom
did n't seem surprised. 'Very well,' he assented,
with a shrug of his shoulders. 'You go ahead
an(J question them first. Maybe your examina-
tion will do for both of us.' This patronizing
indifference evidently worried the youngster a bit,
but he soon recovered and began to have the
time of his life. Dear me, but he was funny as
he swaggered in front of the jury box! And his
106
CHALLENGES FOR CAUSE
cross-examination of its occupants was a parody
of all the worst methods that have ever been ex-
hibited at this Bar. Somebody had evidently
told him that the Resurrectionist was in court
and he played to him as though he was on the
stage."
Old Man Reeve, perched on the bookkeeper's
stool, ran a finger inside the neck of his collarless
shirt as though it was choking him.
"It must have been sickening," he muttered,
innocently.
Foster smiled at the enthroned picture of
disgust.
"You 've survived the sight of a good many
puppies in court, Pete," he responded, "and
there were compensations for this one. Indeed,
the fact that he was playing to an empty house
as far as Brundage was concerned struck me as
supremely comic. Every now and again he 'd
interrupt his torrent of searching questions by
swinging around on his opponent with some such
ultimatum as, 'Will you consent that this tales-
man be excused, sir, or shall I challenge him?'
and Tom would either answer, 'I beg your
107
THE THIRTEENTH JUROR
pardon?' as though suddenly awakened, or mur-
mur 'Consent,' without even looking up.
"After a while, however, Kinsley began to
take an interest in the game, and when Hixon
next attempted to retire a juror by consent the
Judge nearly bowled him off his feet. 'Since
when have you usurped the functions of this
Court, young gentleman?' he snarled. 'I beg to
remind you that I have a little something to say
as to whether or not jurors shall be excused.
Challenge-for-cause overruled! proceed, sir, if
you please.'
"Well, you know what happens to the novice
after that kind of dressing down, and of course the
more humble and apologetic Hixon became,
the more Kinsley kicked and bullied him, with
the result that by the time he began questioning
the talesmen on their belief in superstitions he
was in a running fight with his Honor all the
time. In vain he explained to the Court that he
did n't want superstitious men on the jury be-
cause they would believe in haunted houses and
take anything that his client might have said
about her neighbor's house entirely too seriously.
108
CHALLENGES FOR CAUSE
"Kinsley utterly refused to consider this as
a disqualification for any juryman, but when
Hixon began to empty the box by resorting to his
peremptory challenges the talesmen evidently
saw the point, for they all took to exaggerating
their beliefs in order to effect their escape. Then
the Hon. Jacob got after them with a big stick,
and the way he ridiculed, browbeat, and wal-
loped all the superstition out of them was some-
thing to see. In fact, he soon had them so tamed
that every man Jack of 'em seemed eager to serve
on the case, and Hixon sat down with his six pre-
cious challenges all used up and his nerves and
temper equally exhausted."
"This all sounds familiar to me," yawned
Warren, "but not particularly entertaining, even
for a wet afternoon. Eh, Pete 1 ?"
"Well, I would n't have missed it for worlds,"
continued Foster. "Zeb, my boy, is that the
cracker-box you're sitting on? Well, let's look
inside it. I'm hungry as a bear. Come over
here if you want to sit down — plenty of room on
this bench. Floor good enough for you? All
right. Say, Pete, you've seen Tom Brundage
109
THE THIRTEENTH JUROR
try enough cases to know his 'sleepy method,'
haven't you? Acts as though he was only half
awake, you know, and was missing most of the
points in the case? Well, he outdid himself this
afternoon, and if I had n't known him like a book
I 'd have sworn that he really was asleep while
Kinsley and Hixon were thrashing out the super-
stition question. Anyway, when his turn to ex-
amine the jury arrived he began going over the
same old ground. For a while his inquiries were
addressed to the jury as a whole, asking if any
of them believed in this or that or the other
superstition. By Jove, I don't know where he
ever heard of all the queer notions and beliefs he
referred to, but some of them were so funny that
he had us convulsed with laughter half the time.
It was not all mere fooling, however, for he
drew out such strange admissions from two of the
talesmen that Kinsley was induced to excuse them,
and four times he emptied a seat in the box, with-
out the Judge's help, by resorting to a peremptory
challenge. Then somebody in the crowd handed
me a bit of paper with a big 3 scrawled on it and
asked me to pass it up to him. I did so, but, after
110
CHALLENGES FOR CAUSE
glancing at it, he continued along the same line as
before, with the result that the Court ruled steadily
against him and he was finally forced to use one
of his two remaining challenges.
"Well, as you can imagine, his Honor had
been growing pretty restive during this perform-
ance but he didn't dare ride rough-shod over a
well-known member of the Bar like Brundage,
and it was n't until Tom started to re-examine
juror No. 6 for about the sixth time that the
storm broke.
"This gentleman happened to be one of the
two that Kinsley had sent to the right-about in
the morning, and he had evidently acquired a
wholesome respect for our friend on the bench,
and was n't looking for trouble with him. Any-
way, he would n't admit to a superstitious pre-
judice of any sort. But Brundage kept ham-
mering away at him and finally asked him if he
believed there could be such a thing as a haunted
house. Then his Honor intervened.
" 'Now that will do, counselor !' he snapped.
'This man says he has no superstitions. That in-
cludes haunted houses and everything else,
ill
THE THIRTEENTH JUROR
Don't waste any more time. The juror is per-
fectly qualified.'
" 'I think not, your Honor,' Brundage re-
torted, calmly. 'Suppose you were told,' he
continued, addressing the talesman, 'suppose you
were told that ghosts had been seen in the bed-
rooms of this house and that queer, unearthly
whispers were audible in it at nights — do you
mean to tell me that such stories would have no
effect upon your mind?' "
" 'Absolutely none,' says the fellow.
" 'Do you mean to tell the Court — ' persisted
Brundage, but before he could finish the question
Kinsley fell upon him tooth and nail.
" 'Stop this, counselor !' he shouted, 'or I '11
commit you for contempt! I overrule your chal-
lenge and forbid you to proceed.'
"By George, boys, you could have heard a pin
drop in the court at that minute, but Brundage
never turned a hair.
" 'Your Honor has not yet heard the grounds
of my challenge,' he responded, coolly, 'and I 'm
sure you will not overrule it when you do. I
admit that this gentleman is superstition-proof,
112
CHALLENGES FOR CAUSE
but that is precisely the reason I question his fit-
ness for this case. If, as he says, he has no pa-
tience with superstition and does not understand
how any sensible person could believe such tales,
is it possible that he can give my client a fair
hearing in this case? No, sir; he will say that
those slanderous stories of her house being
haunted could not have done her any harm. He
will insist that nobody could believe them, and
that her property must have remained untenanted
for some very different reason.'
"By Jove, you ought to have seen the Judge's
face at that complete change in the attack. He
was purple with wrath and nearly split his
gavel when the audience broke into a laugh.
But, though he fairly pelted the unfortunate
juror with questions to prove him qualified, the
man evidently grasped the situation and took a
malicious pleasure in thwarting him. Anyway,
he not only stuck to his claim that nobody but a
fool would believe in a haunted house, but actually
volunteered the information that it would be far
better to leave a house vacant than to rent it to a
fool. That finished him, of course, and he was
113
THE THIRTEENTH JUROR
no sooner excused than Brundage took his last per-
emptory challenge. By actual count, boys, that
was the seventeenth time the jury box had been
depleted. Well, the clerk stuck his hand into the
wheel to draw the name of another talesman, but
he scraped and clawed around without producing
anything. Then he looked nervously over at the
bench, and — "
"I bet I know what had happened !" interrupted
Zeb Turner, half starting from his seat on the
floor. "That thar paper with the 3 on it meant
that there was only three jurors left, and he 'd
used 'em up, so there war n't another name left
in the wheel!"
Foster nodded.
"You win, Zeb," he answered over his shoulder.
"The whole panel was exhausted."
"With the jury still one man short," laughed
Warren. "Kinsley must have been in a pleasant
frame of mind !"
"I've seen him in a happier mood," asserted
Foster. "Hixon wanted to go on with eleven
jurors, but Corning would n't hear of it. So they
live to fight another day."
114
CHALLENGES FOR CAUSE
"You mean their case is back on the calendar?"
"Yes, but at the foot of it. It was a short
cause, after all, you see, and Gedney keeps the
right of way."
Warren tossed his hat toward the ceiling and,
catching it, chuckled to himself.
"I think Brundage ought to have the thanks of
the Bar," he whispered to his neighbor.
"Look out!" admonished his companion, with
a glance at Zeb. "Start a story like that, and
it'll be all over the shop before you know it.
Well, Pete," he continued, "I suppose you 're
feeling pretty sore about missing an event of this
kind. How did you let it happen?"
The Old Man shook his head, but before he
could answer Zeb Turner interposed.
"Say, Mr. Reeve," he drawled, "I wondered
why in thunder you wanted to know just how
many jurymen wuz to dinner this noon. But,
gosh ! I 'd never guessed you wuz keepin' tabs
on 'em for Mr. Brundage! Wuz it you that
passed the paper up to him in court, sir?"
115
CHAPTER X
IN OPEN COURT
"Why should not Conscience have vacation
As well as other courts o' th' nation?
Have equal power to adjourn,
Appoint appearance and return?
Butler.
HAD it not been for the words "Judge's
Chambers" plainly printed on its door, a
stranger entering the judicial sanctum of the Cir-
cuit Court at Belo might have suspected that he
had accidentally strayed into the official junk
shop of the county seat. Certainly the place
looked more like a lumber-room than a private
office, and every session of the court added to the
discomfort of those for whose accommodation it
had been designed. But none of the visiting
jurists ever ventured to disturb even the dust
116
IN OPEN COURT
upon its shelves for fear of destroying something
of value belonging to an associate, and the nat-
ural result was an accumulation of material
which taxed the limit of its capacity.
Great bundles of papers were tumbled in crazy
heaps upon the floor; columns of the Congres-
sional Record reared drunkenly toward the ceil-
ing; stacks of stenographic minutes crowned the
bookcases; maps, blue-prints, surveys, photo-
graphs, broken umbrellas, odd overshoes, models,
wrecked typewriters, discarded hats, bits of ma-
chinery, and other exhibits from long-forgotten
lawsuits occupied every nook and corner; the
shelves sagged under the weight of ponderous
legal tomes in flaking and peeling sheepskin
covers, showing here and there a gap (like a miss-
ing tooth) filled with a wedge of yellowing docu-
ments; the roll-top desk was almost hidden be-
hind a rampart of papers weakened in spots by the
bursting of elastic bands; the floor was littered
with sheets spilled from the loose piles of official
stationery; and in the midst of all this welter,
with barely more than elbow-room, sat the Hon.
Jacob Kinsley, supreme exponent of the law, for
117
THE THIRTEENTH JUROR
the time being, in Fraser County, and Abner
Saltus, his confidential clerk.
Political necessity is notorious for all sorts of
strange alliances, but it probably never paired
two more hopelessly uncongenial human beings
than the Judge and his right-hand man, and years
of daily contact had failed to create any bond of
sympathy between them. In Kinsley's eyes Sal-
tus was nothing but a coarse-grained political
hack whom Fate, in the guise of party expediency,
had forced upon him; and to Saltus his Honor
was merely a pompous outsider who gave himself
superior airs on the strength of a political acci-
dent. Opportunities for correcting these early
impressions of each other had not been lacking to
either man. That the Judge had neglected more
than one opportunity for removing his obnoxious
subordinate was no secret to the clerk — that the
clerk had again and again saved the judicial repu-
tation of his chief by detecting legal "jokers" in
the papers submitted for his signature was fully
comprehended by the Judge. But neither the
generosity of the one nor the watch-dog virtues
of the other served to effect anything more than
118
IN OPEN COURT
an armed truce between them until the term for
which Kinsley had been elected was drawing to
a close. Then self-interest had prompted Saltus
to make the Judge's cause his own; but while his
Honor did not underestimate the value of this
support, he inwardly resented having anything in
common with the ferret-faced limb of the law
who had chosen to squire him in the fight for his
official life.
That he would ever desire a renomination had
seemed impossible to Kinsley during the early
years of his career upon the bench. Indeed, he
had often been heard to remark in those days that
he would "far rather be a lawyer who voluntarily
appeared in court against one opponent at a time
than a judge who was forced to practise law
against all the Bar at once." But that bitter cyni-
cism dated from the period when the unscrupu-
lous element of the profession and his political
enemies had attempted to blast his judicial ca-
reer and had succeeded in unnerving him to such
an extent that for months he had never put his
pen to paper without fearing the explosion of
some legal mine. This rough initiation into his
119
THE THIRTEENTH JUROR
new duties had at first utterly disgusted him with
public service, but the ugly necessity of guarding
himself from the tricks of the trade soon resulted
in his complete estrangement from the Bar, and he
began to take a sort of fierce joy in wielding the
vast powers at his command. Then he gradually
realized that the expiration of his term would find
him professionally isolated, clientless, and well
advanced in age, and before long the very thought
of surrendering his mighty office filled him with
a sickly dread. It was not surprising, therefore,
that he had kept in close touch with politics as a
means of insuring the retention of his post; and
this ambition had, little by little, become the all-
absorbing passion of his life. Indeed, every
word he had uttered and every step he had taken
for years had been carefully considered with a
view to his coming candidacy, and no mariner
ever watched his barometer more keenly than
Kinsley watched the trend of public opinion in
the press.
It was this engrossing task that occupied him
and his subordinate as they sat in the disordered
chambers before the opening of court on the morn-
120
IN OPEN COURT
ing set for the trial of Gedney's case. There
was only one available chair in the room, and
Kinsley occupied this, while Saltus perched on
the seat of a mowing-machine which had recently
figured in a jury case. Between them, in a small
clearing on the rubbish-strewn desk, lay a bundle
of newspaper clippings from which they helped
themselves at will, rapidly scanning each slip be-
fore laying it aside or throwing it on the already
littered floor. For a time neither man paused in
his work or uttered a comment of any kind.
Even when Saltus at last thrust one of his slips
toward his chief, he did so without speaking or
looking up, and the Judge took the paper me-
chanically without raising his eyes from his own
reading. Then he brushed the clipping he had
been perusing to the floor, glanced at the half-
column of fine print that had been handed him,
and frowned impatiently.
"Well, what 's all this?" he demanded sharply.
Saltus rolled an unlighted cigar from one side
of his mouth to the other, crushed the slip he was
reading into a pellet, flicked it away and picked up
another.
121
THE THIRTEENTH JUROR
"It's the same old thing," he answered, re-
suming his reading. "A lot of drool about Ged-
ney's case. He 's evidently going to try it in the
newspapers, since he can't do it in the court.
That 's the third reference to it I 've come across
this morning, and I '11 bet there 's more of 'em in
this batch. By Jiminy! I win already for
here 's another. It 's a bit shorter than the one
you 've got. Want to hear it?"
The Judge nodded.
"What is it from?" he inquired, indolently.
"Crosby Forks' Record," responded the clerk.
"Some fellow who signs himself 'An Observer' is
addressing the editor.
" 'Sir,' he writes, 'as an illustration of the ad-
ministration of justice in this county, let me call
your attention to the case of the 'Farmers' Supply
Co. vs. Gedney & Son now on the Circuit calen-
dar at Belo. This cause is the outgrowth of a
trade war with the history of which most people
in our community are tolerably familiar. I do
not profess to know the merits of the controversy,
but it is apparent to everybody that the corpora-
tion which brought the suit and presumably de-
122
IN OPEN COURT
sired to submit its rights to the court is not
anxious to proceed to trial, while the other side is
straining every nerve to gain a public hearing. I
know what I am talking about, for I have at-
tended the last jive sessions of the court and this
case has been on the calendar each term, only to
be adjourned at the instance of the plaintiff and
against the protest of the defendants. Yester-
day I took occasion to examine the records in the
County Clerk's office, and I find that during the
past year there have been eight motions and three
appeals argued in this case on technical points of
pleading and practice in no way involving the
facts in dispute, and, as far as I can judge, the
sole purpose of these manceuvers has been to sub-
ject the defendants to annoyance and delay. I
hold no brief for those gentlemen, with whom I
am not personally acquainted, but if the law can
be juggled in this fashion no business man is safe,
for he is liable to be haled into court and have
his business interfered with, if not ruined, by any
unscrupulous rival with sufficient resources to drag
him through a long litigation. Such mockeries of
justice will effect a revolution in our form of gov-
123
THE THIRTEENTH JUROR
ernment if we suffer them to continue much
longer.' "
Saltus laid aside the clipping and glanced in-
quiringly at his auditor.
"I reckon that 'Observer' used his ears as well
as his eyes," he commented.
"But not his brains," snapped the Judge. "If
that is meant for an attack on me, it 's wide of its
mark. Anybody but a fool should know that
the law is made by the lawyers and for the law-
yers. It 's the business of a judge to administer
the law as he finds it and not as he might wish it
to be."
There was a note of defiant finality in Kins-
ley's voice, but his subordinate did not appear to
be particularly impressed.
"Um ! Seems to me I Ve heard something like
that before," he droned, and for a few moments
he continued skimming the sheaf of clippings in
his hands. Then he rapidly extracted half a
dozen of the slips and shoved them toward his
chief.
"They're squibbing us for fair on this thing,
Judge," he commented.
124
IN OPEN COURT
Kinsley inwardly winced at the word "us," but
he merely shrugged his shoulders.
"It's a matter of indifference to me," he ob-
served as he glanced at the items. "The case is
at the head of to-day's calendar, and it will be
either settled or tried this morning. So don't
waste time on what will soon be ancient history.
This is a very interesting review of my record,"
he continued. "You see, it tabulates my equity
cases and my jury cases separately, proving that
I have been less frequently reversed in the higher
courts than any other judge in each class of work.
My percentages show up even better this way, I
think."
"Urn!"
Saltus glanced disinterestedly at the proffered
clipping and shot a swift side-glance at the
speaker.
"Do you mean what you said just now,
Judge?" he queried, as he bit the end off his cigar
and groped in his pocket for a match, which he
found only after several futile attempts.
Kinsley frowned impatiently.
"Mean what?" he demanded.
125
THE THIRTEENTH JUROR
"That you 're going to try Gedney's case this
morning?"
"Yes, if it is n't settled."
The clerk whistled a few notes of a popular
song, slipped from his perch, and, lighting his
cigar, stood silently puffing it as he leaned against
the desk watching his chief.
"You haven't forgotten what I told you was
happening down at the Forks day before yester-
day, have you, Judge?" he inquired, after a
pause.
Kinsley raised his head, and, pushing up his
spectacles, pressed his fingers to his eyes for a mo-
ment as though reflecting.
"You mean about the Supply Company people
taking an interest in the primaries," he observed.
"Well, what of it?"
Saltus's eyes narrowed ominously.
"What of it?" he repeated. "Say, Judge,
can't you and me talk man-talk? . . . Oh, well,
never mind!" he continued, impatiently, as he
noted Kinsley's haughty glance. "Play the game
every way you like, but don't let 's misunderstand
signals. Listen to this item from the Record:
126
IN OPEN COURT
" 'The Honorable Wallace Dunham, familiarly
known to the metropolitan Bar as the Resurrec-
tionist, stopped at the Forks last Wednesday on
his way to the Circuit Court at Belo, where he is
to represent the Farmers' Supply Company in its
case against Gedney & Son, whose interests, are
in charge of Mr. Richard Poinder of this county.
An exciting legal battle is expected when these
two champions meet? "
His Honor readjusted his spectacles as the clerk
paused, and, picking up another clipping, re-
sumed his reading.
"That is not exactly what you would call
news, is it?" he inquired, indulgently, whimsi-
cally.
Saltus shook his head.
"No, it 's corroboration of what I told you
two days ago," he retorted, sharply. "You
know Wallace Dunham's position in the party
as well as I do, and when the Supply people get
him to stay over a night at the Forks it means
business. I tell you they don't intend to have
the Gedney case tried this term, and if it is
they 're going to give you the fight of your life.
127
THE THIRTEENTH JUROR
Oh, I know you don't like plain talk, Judge, but
what 's the sense of mincing matters'?"
An angry flush spread over Kinsley's sallow
countenance.
"Let us drop the subject, if you please, Mr.
Saltus," he remarked. "I've told you a great
many times that I will not listen to kitchen gos-
sip. Here 's another original analysis of my rec-
ord," he continued hastily. "It 's rather clever,
I think. The writer has examined all the opin-
ions of the appellate courts, and states that I have
been reversed only six times on questions involv-
ing the admission or exclusion of evidence."
He held out a clipping as he spoke, but Saltus
made no motion to take it.
"Kitchen gossip?" he repeated, harking back
to the offensive words. "You know of your own
knowledge, Judge, that Artemus Peck, the Supply
people's attorney, has been hanging around head-
quarters for weeks, and what I 'm telling you
comes from a young fellow I met there not long
ago who turns out to be a sort of confidential
secretary for the Resurrectionist himself. Could
I get it any straighter?"
128
IN OPEN COURT
Kinsley twisted his swing chair toward the
desk, and, clearing a small space for his official
letter pad, began writing a note.
"You tell your informant," he directed over
his shoulder, "that any one who attempts to in-
fluence the disposition of a case on Judge Kinsley's
calendar had best look to his own safety. But
don't bring me his answer," he added. "I don't
want to hear anything more about this matter."
Saltus nodded sneeringly, and, retiring to his
seat, began sorting his papers into convenient
piles.
"Then, of course, you don't want to hear what
a hole those city people have got themselves into
by playing politics in the country," he remarked,
and waited for an invitation to proceed.
But his Honor continued his correspondence
without displaying the slightest curiosity, and his
indifference obviously nettled the clerk.
"Maybe you think it 's more "kitchen gossip,' "
he observed, "and it is almost too funny to be
true. But the whole thing in a nutshell is that
the opposition which the Supply folks have been
stirring up against you has run away with it by
129
THE THIRTEENTH JUROR
concentrating on Richard Poinder as the most
available candidate."
The Judge stopped writing and half turned in
his chair.
"Think of them sticking their fingers into our
pie and picking out Gedney's attorney as the
plum!" continued Saltus, with a chuckle. "It
sounds impossible, but it 7 s a positive fact."
His Honor swung toward the desk again and
dipped his pen in the ink.
"Yes, I heard that a day or two ago," he re-
sponded, quietly. "It 's very amusing."
For a moment the clerk regarded his superior
with the deeply injured air of one who finds his
news is already known and his surprise a failure.
Then he nodded knowingly at the broad back op-
posed to him.
"It 's a good joke all right as long as nobody
takes it too seriously," he remarked, significantly.
"But when I was at the Reeve House last night I
overheard Old Man Reeve bet Foster ten dollars
that Poinder would fight for the nomination tooth
and nail if Gedney's case were n't tried this term.
I guess you've heard that too — haven't you,
130
IN OPEN COURT
Judge?" he continued, malevolently, "and that's
why you 've decided to try the case this morning.
Eh?"
Kinsley swung slowly toward the speaker.
"Have you been drinking?" he demanded,
sternly.
Saltus laughed.
"No, I 've been thinking," he retorted coolly.
"What 's the use of our trying to fool each other,
Judge? Let's get down to business and talk
right out in meeting. Here 7 s the Supply people
getting ready to dump our apple-cart if you try
their case, and Poinder threatening to do the same
or worse if you don't try it. That 's a pretty raw
deal for us. But one thing's certain. You
can't please both parties. You 've got to work
with the one that 's least dangerous, and I know
what I 'm talking about when I tell you to stick
to the Supply people and let Poinder go to thun-
der. All his newspaper squibbing and opposition
talk is meant to scare you into trying his case,
Judge. He would n't take the nomination if it
was handed to him on a silver plate, let alone
fight for it. He might make a pass at running
131
THE THIRTEENTH JUROR
just to force your hand, but he would n't give up
a good practice and retire to the Bench just to
spite you. And Old Man Reeve knows that, too.
He made that bet and let me overhear it for your
benefit. That was a good trick when it was new,
but this ain't my first campaign, and you can take
it from me that it 's all part of the same big bluff.
But there 's no nonsense about the Supply people.
They mean business, and they '11 camp on your
trail till they get you if you give 'em trouble.
This ain't their only lawsuit. They want to know
who 's who on the Bench, and if you 've got it
in for them they'll double-cross you no matter
what it costs. No, sir, don't you try to plow them
under; you listen to me — "
"Don't you think I 've listened to you about
long enough, Mr. Saltus?"
The clerk shrugged his shoulders and stared of-
fensively at the speaker.
"I don't know, Judge," he responded, inso-
lently. "I 've a notion that Poinder and his
squibbing have got on your nerves and given you
a hunch that public opinion demands the trial of
this Gedney case."
132
IN OPEN COURT
"It has certainly been too long on the calendar
of my Court, sir."
Saltus shot a menacing glance at the speaker.
"Oh, you think so, do you," he sneered.
"Well, you didn't think that way yesterday
morning when you adjourned it to suit the Resur-
rectionist, nor yesterday afternoon when Com-
ing's case threatened to block the calendar for the
rest of the term. But if you 've changed your
opinion since then and have decided — "
"I 've decided nothing, sir," interrupted Kins-
ley, petulantly. "My decisions are made in open
court and nowhere else. When the matter comes
up there I shall dispose of it then and not until
then. Do you understand?"
Saltus nodded.
"Of course," he assented, with a cunning leer.
"But I thought you said you 'd made up your
mind to try the case this morning, and that kinder
scared me. Deciding things in open court is all
right, Judge, but thinking them over in private
is looking before you 're leaped on, and I 've
given you the facts."
"To which I shall pay not the slightest atten-
133
THE THIRTEENTH JUROR
tion, Mr. Saltus," retorted the Judge, decisively.
"Meanwhile I advise you, sir, to confine yourself
strictly to your own business," he continued,
warningly.
The crafty expression of the clerk's face in-
stantly deepened to an angry scowl.
"My own business !" he snarled. "Since when
has your nomination been none of my business,
Judged Ain't we in the same boat? And do
you suppose I 'm going to keep my mouth shut
when I see the Supply people getting ready to
scuttle the ship right under my eyes'? Well, I 'm
not built that way !"
Kinsley rose and calmly faced the speaker.
"You are suffering from an excess of zeal, sir,"
he observed, judicially. "And an excess of zeal at
this crisis will merely serve to injure you and —
and your friends. Is there anything in the clip-
pings you 've examined that requires my imme-
diate attention?"
Saltus glowered at his chief for a moment in
silence and then shook his head with a surly
frown.
"Guess not," he muttered.
134
IN OPEN COURT
"Then please put these in my scrap-book. I 'm
going over to the hotel for a while, but I '11 be
back in time to open court at the usual hour."
His Honor laid a number of slips on the desk
shelf as he spoke, and picking up his hat, strode
from the room.
135"
CHAPTER XI
FOR THE SAKE OF THE RECORD
"What dotage will not Vanity maintain ?
What web too weak to catch a modern brain ?"
Cowper.
FOR a few moments after the door closed Sal-
tus continued glaring at it in moody silence.
Then he slipped down from his perch on the mow-
ing-machine, and, seating himself in the swing
chair and pulling a huge scrap-book from the re-
volving bookcase beside him, slammed it open
with angry impatience.
"Ha!" he scoffed, as an item caught his eye.
"Judge Kinsley is a 'fearless advocate' of some-
thing or other, is he? Yes, I guess not ! Spunk
of a rabbit 's about his size. Curse you !" he mut-
tered to the book. "I '11 break you in two if you
don't stay open!"
He crushed back the covers of the offending
136
FOR THE SAKE OF THE RECORD
volume as he spoke, and, creasing the pages with
his arm, glared resentfully at their contents.
. . . What was the use of keeping up these
fool press notices if the Old High-Cockalorum
was going to buck the Supply folks? They'd
provide material for his obituary, but that 's all
they would be good for if he was bent on commit-
ting political suicide. Of course he had a perfect
right to cut his own throat if he was fool enough
to do it. But he 'd have to cut other people's into
the bargain, and he 'd do it without giving them a
thought. He always had been a selfish hog who
thought the world began and ended with him.
Look at the kind of piffle he stuffed this book
with ! "Judge Kinsley is a great lover of fiction."
Is he? You bet he is! Especially about him-
self! . . . "Noted for his courtesy and considera-
tion" indeed! Yes, consideration for himself.
Up to date he 'd always managed to look out for
Number One pretty sharply. . . . What was the
matter with him now? He 'd been dead set on
getting the renomination for years, and he was n't
fool enough to think he could get it if he fought
the Resurrectionist and his crowd. He had n't
137
THE THIRTEENTH JUROR
the spunk to fight, anyway. He 'd never been
anything but a looking-glass fighter and a bluffer
all his life. . . . Maybe he was bluffing now?
Yesterday morning he 'd given the Resurrectionist
a day's adjournment, and in the afternoon he 'd
apparently tried to block the calendar by taking up
the trial of a protracted cause. That was playing
the game safe just as he always played it. . . .
But this morning? . . . This morning he 'd evi-
dently swung around. . . .
Saltus paused in his bitter reflections and struck
the bunch of clippings with his fist.
... It was all this rotten squibbing nonsense
that had done the business ! If the old nincom-
poop had n't seen that stuff he would n't have lost
his nerve! He was just jackass enough to get
panic-stricken at a crisis and run in the wrong di-
rection. Of course Poinder could beat him to a
pulp if he really wanted to fight for the nomina-
tion, but nobody except a fool would believe that
Poinder would even cross the street to get it. On
the other hand, it was a hundred to one that the
Supply folks would fight from the drop of the hat !
Only a dare-devil would take a risk like that.
138
FOR THE SAKE OF THE RECORD
And Kinsley was n't that kind of a devil. He
never took a chance of any kind if he could help
it. . . . Here was another of his favorite "rec-
ord" notices, informing the great and gullible pub-
lic that he had been reversed only fourteen times
during his ten years upon the bench, one less in
the aggregate than any other jurist in the State.
If there was one of those notices in the book, there
were a hundred ! What fun could the old bluffer
get out of collecting repetitions of that puff? His
"record," indeed! You might think it really
amounted to something, the way he 'd nursed and
coddled and played for it all these years. How
could he fool himself with it? But he did. He
thought it proved that he was a great jurist ! And
how had he got this wonderful "record" ? Simply
by tying strings to all his rulings and practising
close to his chest and wabbling around so that no-
body but an expert could ever get a clean-cut ex-
ception into the minutes of any trial. There
were n't many experts in Fraser County, but, by
Jiminy ! the Resurrectionist was the king of them
all and he was on deck now! He would n't do a
thing to his Honor's curves, would he? Why,
139
THE THIRTEENTH JUROR
he 'd bat the miserable old faker out of the box
and out of his mind in about fifteen seconds!
Nothing could save his precious "record" if Wal-
lace Dunham once stepped to the plate. Noth-
ing 1 ? ". . . Nothing? . . . Well, of course, if a
lot of ugly looking exceptions were taken to his
rulings he might be scared. . . . And if he got
scared he might . . . ? — He might try to save
his beloved "record"!
Saltus's thought stopped.
. . . Was it possible that Kinsley had this
crafty scheme in mind? By the Lord High
Harry! That would be playing it "both sides
and down the middle !" And it 'd be safe ! Ab-
solutely safe. As safe as . . .
"Now, Mr. Saltus."
The clerk sprang to his feet as though startled
from a dream, stared at the Judge for a moment,
and then, quickly stuffing the clippings into his
pocket, hurried to the private hallway, and, partly
opening the court-room door, banged on its panels
with his fists to advise the waiting public that the
Honorable Jacob Kinsley was about to take his
seat upon the Bench.
140
CHAPTER XII
PLANTING AN EXCEPTION
"What cannot be carried by frontal assault often
readily yields to a flanking attack."
Axioms of Strategy
X TTEAR ye! Hear ye! Hear ye! All-per-
A J- sons - havin' - bus'ness - with - this - Circuit -
Court-held-in-an'-for-the-County-of-Fraser-draw-
near - an'- give - your-'tention - an'- you - shall-be
heard!"
Mr. Justice Kinsley slipped into his capacious
chair as the crier concluded his gabbled formula,
and, with a curt nod to the Bar and general pub-
lic, picked up the printed calendar sheet lying be-
fore him on the official desk.
"No. l. Farmers' Supply Co. vs. Gedney?"
he announced inquiringly.
"Ready for the defendants!"
Every one in the audience recognized the
141
THE THIRTEENTH JUROR
speaker, for Richard Poinder was widely known
throughout the county, and his almost defiant re-
sponse in the case at bar had long since become
familiar to the court."
"I fear we must again ask your Honor for in-
dulgence."
The Judge glanced up to find the rat-like face
of Artemus Peck projected from the human back-
ground of the crowded room. There was nothing
surprising in his plea. Indeed, he had uttered it
so often on behalf of the Supply Company that
any other reply would have startled the audience,
and Kinsley was disagreeably conscious of some-
thing very like a titter as the spectators stirred
and rustled in their seats. He took no notice of
the sound, however, but nodded gravely at the
speaker.
"It is with extreme regret that I have to an-
nounce the serious illness of my colleague in this
case, your Honor," the attorney continued. "Mr.
Dunham was feeling far from well yesterday
when he attended court, but I hoped that he would
be sufficiently recovered this morning to proceed
with the trial of this cause. At the last moment,
142
PLANTING AN EXCEPTION
however, his physician has positively forbidden
him to attempt it, and I have here a written cer-
tificate to that effect."
He handed a letter to the clerk as he spoke, and
the official laid it upon the judicial desk, while
the audience waited in breathless silence as the
Judge, slowly adjusting his glasses, opened the
envelope and peered at its contents. From his
desk beside the rail guarding the Bench Abner
Saltus glanced sharply at his chief and then al-
lowed his gaze to wander over the room. Near
the counsel's table he could see Mr. Poinder whis-
pering earnestly to his white-haired little client,
whose worn face and trembling hands showed the
strained tension of his nerves, and close by them
he noticed the ponderous form of Old Man Reeve.
It always disquieted the clerk to encounter Peter
Reeve's owl-like stare, and, quickly avoiding his
gaze, he rapidly scanned the public benches. The
Bar of Fraser County was certainly well repre-
sented, he reflected, as he recognized Mr. Foster
and young Corning, Mr. Brundage, the State's
Attorney, Dick Warren, Bob Hixon, and scores
of other familiar faces. In fact, the entire popu-
H3
THE THIRTEENTH JUROR
lation of Belo had apparently squeezed 'itself
within the building, making it extremely difficult
to single out any particular individual from the
mass, and Saltus's glance traveled over the room
more than once before he caught sight of the per-
son he was seeking. Then, with an almost imper-
ceptible signal, he turned to the Bench again just
as his Honor glanced over his spectacles toward
the counsel's table.
"Have you seen this, Mr. Foinder?" he in-
quired, indicating the paper in his hand.
"No, sir."
Gedney's counsel did not rise as he spoke, and,
barely glancing in the direction of the Bench, con-
tinued his whispered consultation with his client.
"Then you 'd better look at it."
The Judge handed the paper to the clerk, but
Poinder waved it aside.
"That is not necessary, your Honor," he re-
sponded, rising as he spoke. "I accept the state-
ment of my learned adversary as to its contents,
but I submit that Mr. Dunham's very regrettable
indisposition affords no sufficient reason for the
adjournment of this case. No one could possibly
144.
PLANTING AN EXCEPTION
be more familiar with it than Mr. Peck, who
has conducted it, wholly without assistance, up to
within the last four and twenty hours. With
able counsel present in court to represent its in-
terest, the plaintiff has no excuse for requesting
your Honor's indulgence, which I respectfully
submit has already been somewhat abused. We
are prepared to proceed."
Peck had risen as his opponent was speaking,
but before he could address the Court Kinsley
interposed.
"An adjournment was procured yesterday, Mr.
Peck, to ascertain if there was not some way of
settling this controversy out of court," he ob-
served. "What was accomplished in that re-
gard?"
"Nothing, your Honor," responded the lawyer,
"because — "
"Because nothing was attempted," interrupted
Poinder, significantly.
A ripple of laughter ran through the audience,
which instantly subsided as Kinsley looked up
sharply and reached for his gavel.
"That is a most uncalled-for insinuation," pro-
H5
THE THIRTEENTH JUROR
tested Peck, with an indignant glance at his op-
ponent. "Mr. Dunham was taken ill while he
was working out his plan for adjusting the differ-
ences of the parties, and it was impossible for him
to discuss the subject with Mr. Poinder's clients.
That, as your Honor has perceived, is precisely the
point of my pending application. I am, it is true,
generally familiar with this litigation, but I am
not sufficiently conversant with my colleague's
scheme of settlement to present the matter to the
other side. I know enough, however, to advise
the Court that the interests of justice will be far
better served by compromise than by continued
litigation."
The Judge leaned back in his chair, and, tak-
ing up the physician's certificate, re-examined it
with care.
"What have you to say, Mr. Poinder?" he in-
quired, as he laid it aside.
"Very little, your Honor," responded the law-
yer. "I advised the Court yesterday that there
was no compromise in us short of the plaintiff's
unconditional surrender, and that I could not
bring myself to believe that it had retained Mr.
146
PLANTING AN EXCEPTION
Dunham merely to haul down its flag. My ex-
pectations in that regard have been fully realized.
No proposition of any kind has reached us from
the other side, and we are one day nearer the end
of the term. It is idle to waste further time or
words on this subject. For more than a year we
have met with nothing but vexatious obstruction
and delay in this case," he continued, gazing stead-
ily at the Bench and speaking with marked delib-
eration and emphasis. "So vexatious, indeed,
that it has now achieved an ugly notoriety, reflect-
ing most unfortunately upon the administration of
justice in this county, and I ask your Honor to
put an end to the scandalous practices which have
not yet succeeded in exhausting us, but have, thus
far, defeated our rights."
Peck sprang angrily to his feet as his opponent
paused.
"I object to the counsel's outrageous insinua-
tions and resent his reflections on the Bench !" he
exclaimed. "If there has been any scandal in the
disposition of this cause, the Court must be a party
to it, for all that has been done has had the sanc-
tion of its orders. I submit that my learned ad-
147
THE THIRTEENTH JUROR
versary forgets himself in impugning the good
faith of a fellow-practitioner, but he is beyond my
censure when he calls into question the honor of
the Court."
The audience fairly gasped its astonishment as
the speaker paused, and Kinsley, flushing vio-
lently, rapped sharply with his gavel on the desk.
"The Court will maintain its own dignity and
be the guardian of its own honor, Mr. Peck," he
snapped. "You will kindly abate your zeal, sir.
Have you any further reasons to advance for a
continuance of this case?"
Saltus leaned forward on his desk and eagerly
studied the Judge's face as his Honor uttered this
ominous challenge, but his attention was almost
immediately diverted to Peck, who stood con-
fronting the Bench with an ugly scowl.
"I certainly have the gravest of reasons, your
Honor," he responded. "My client, whose exten-
sive interests in this community are a matter of
common knowledge, regards the principles ia-
volved in this case as vital to the proper prosecu-
tion of its business, and if, as my opponent as-
serts, there is no compromise in his clients, it de-
148
PLANTING AN EXCEPTION
sires Mr. Dunham to present its contentions in
person. He has made a long journey expressly
for that purpose and is now on the ground, within
hail of this court-room, but is temporarily pre-
vented from appearing before you by sudden ill-
ness. Mr. Poinder does not dispute, and would
not dare to dispute, the accuracy of this statement,
and it should be amply sufficient to sustain my
motion. I cannot believe that your Honor will
force me to trial under such circumstances, or
single out my client for harsh treatment at the
instance of the other side."
Every tone of the attorney's voice was men-
acing, and his eyes never left the Judge's face as
he delivered his appeal. For a moment there was
absolute silence in the Court, and Saltus was not
the only observer who realized that the fate of
more than one person was hanging in the balance.
Then Kinsley suddenly broke the tension.
"The administration of justice can take no ac-
count of the convenience of parties, or distinguish
between them in any way," he announced, with
tightened lips. "Before this Court every individ-
ual is on an equal footing. The defendants are
149
THE THIRTEENTH JUROR
entitled to a hearing subject to the rules and prac-
tice of the tribunal before which they have been
called. That those rules and those practices have
subjected them to annoyance or delay is no reason
for denying such accommodation to their oppo-
nents as may to the Court seem fitting and proper
in the exercise of the discretion reposed in it by
law."
The speaker paused, and Saltus felt his heart
leap with joy as he listened to the sonorous sen-
tences. . . . Thank the good Lord the old fool
had come to his senses before it was too late!
He was a bluffer all right, but he was playing the
game well. And craftily too. It would be hard
to handle the matter much better than he was do-
ing. There was n't a word of what he was saying
that could n't be published on the dead-walls
and . . .
"But on this occasion," proceeded his Honor,
"the Court is unable to see that justice requires
that the plaintiff should receive the accommoda-
tion that it seeks. One of its distinguished coun-
sel is ill, but the other, present in court, is fully
conversant with the case at bar and amply com-
150
PLANTING AN EXCEPTION
petent to protect all its interests. No hardship,
therefore, is involved in the denial of its motion
for a continuance. The cause is marked ready,
and the clerk will call a jury forthwith."
With a muttered oath Saltus rose, and, hur-
riedly gathering his papers together, slipped
quietly through the door behind the Bench.
"Well, you got my signal, did you? I thought
you were never coming."
Saltus glared angrily at the Resurrectionist's
confidential man as he stood confronting him in
the private hallway.
"I came as soon as I could," retorted the visitor.
"But what 's the use of hurrying? The game J s
up now. Kinsley 's done for himself and you too.
What the devil could he have been thinking of?"
"It is n't what Tie 's thinking but what I 'm
thinking that counts just now, my son," snapped
the clerk, thrusting a bunch of papers into the
speaker's hands. "See your Boss at once, give him
these clippings, tell him to read 'em and hustle
151
THE THIRTEENTH JUROR
over to court and fire exceptions into the record
as long as he 's got the brain to invent 'em or the
breath to puff 'em out !"
The man glanced at the papers and then looked
up uncomprehendingly.
"What good '11 that do?" he growled. "Dun-
ham does n't want to try the case. He wants to
delay matters and keep Gedney & Son in court
and—"
"Then let him keep 'em in court !"
"How?"
"Tell him to raise law points, and more law
points, and then some more of 'em, and fire ex-
ceptions into the record till he can't rest !" rattled
Saltus, glancing apprehensively over his shoulder.
"What 's-the-use-of-that? What 7 s-the-use - of-
that?" he whispered, fiercely. "Go and ask the
Resurrectionist, you chattering parrot! Did you
never see a judicial wobbler dance to legal pip-
ing? Well, Kinsley's a wobbler with a record
to sustain. Hustle and put your Boss wise, you
fool, if you want to keep your job!"
152
CHAPTER XIII
DELIBERATE JUSTICE
"Quiet, calm deliberation
Disentangles many a knot."
Gilbert.
THE jury will now retire to consider their
verdict."
A fat court attendant arose as Judge Kinsley
made his announcement and, waddling across the
floor, flung open the door of the jury-box with a
wheezed "This way, gentlemen!"
For a moment the twelve citizens charged with
deciding the case of "The Farm Supply Company
vs. Gedney & Son" stared at the speaker like cap-
tive animals hesitating to exchange their custom-
ary quarters for the freedom of a new and unfa-
miliar cage. Then the foreman, a lanky farmer
in rubber boots, began groping under his chair for
his hat, and the others, acting on his example,
slowly gathered together their belongings.
153
THE THIRTEENTH JUROR
The closely-packed spectators in the dingy
court-room watched the scene in silent fascination.
Up to that moment the occupants of the jury-box
had been almost forgotten factors in the three
days' desperate fighting which had marked the case
at bar. The hand-to-hand struggle between the
counsel had been so grimly absorbing that the lay
public had had neither eyes nor ears for those who
were finally to judge the issues and decide the
cause. In the main it had been Richard Poinder
of counsel for the defense who had dominated the
stage, and Fraser County, hailing him as its legal
champion against all invaders from the outside
world, had barely refrained from giving open ex-
pression to its delight in his success. But Wal-
lace Dunham had frequently swept everything be-
fore him with terrifying force and had never
emerged from an encounter without having in-
flicted serious damage on his foe. And the fight-
ing had been almost incessant. At times Judge
Kinsley had loomed to the front, and, parting the
grappling combatants with rough hand, had forced
a temporary truce, and more than once the room
had been hushed with dread expectancy as a wit-
154
DELIBERATE JUSTICE
ness and a lawyer had stood face to face in a duel
to the death.
But now all these figures had faded and the
group in the jury-box had become the chief actors
in the most bitter controversy ever waged in the
Circuit Court at Belo. Indeed when the last pair
of gloves had been picked up and the last missing
pencil recovered and they passed in straggling
procession down the center aisle with their arms
full of hats, overcoats, overshoes and umbrellas,
like tenants escaping from a fire, every head in
the room moved with them and every eye fol-
lowed them until they disappeared through the
entrance into the corridor. In fact, the whole
audience continued mutely staring in the same di-
rection until the sound of a closing door reached
their ears, when they settled back in their seats
again, relieving the tension with a general re-
laxing rustle and stir.
Even then, however, no one left the court and
the silence remained unbroken save for the whis-
pering of Abner Saltus, who had draped himself
on the front of the Bench, and, with his eyes on
the audience, was addressing his Honor behind a
155
THE THIRTEENTH JUROR
screening hand. From an end seat on the center
aisle Old Man Reeve strove to attract his atten-
tion for no particular reason except that it al-
ways amused him to embarrass the Judge's con-
fidential clerk with a steady stare and make him
shift his gaze. But the man continued his con-
versation undisturbed, and the host of the Reeve
House finally desisted and pulling out his watch,
held it so that Eph Bisland, who sat beside him,
could note the time. The young farmer compared
it with his own watch and nodded.
"That's 'bout right," he whispered. "Three
thirty-one by mine. What of it, Pete?"
"Betcher they '11 be back here in less 'n fifteen
minutes," explained the old man, with a jerk of
his thumb toward the jury-room.
His companion shook his head.
"Not ef they 're as slow at ballotin' as they
wuz at leavin' the box," he asserted.
The hotel proprietor smiled.
"They 'd have found a verdict without leavin'
it at all ef old Wobble-Belly had n't herded 'em
out of it," he whispered, confidently, but his
neighbor was not apparently convinced.
156 '
DELIBERATE JUSTICE
"I ain't sure 'bout that, Pete," he drawled.
"I ain't, either," responded the old man,
cheerily. "Nothin 7 s sure 'bout a jury. But I '11
make you a sportin' proposition, Eph," he con-
tinued, chuckling. "I '11 give you a dollar for
every minute they stay out after a quarter t'
four ef you '11 pay me at the same rate for every
minute it's short of that when you see 'em
agin."
The young man slowly stroked his chin as he
gazed at the veteran's smiling countenance.
"Reckon it 's lucky fer you I ain't a bettin'
man, Pete," he declared, after a pause. "But
ef you 're hankerin' to gamble, maybe what 's-
his-name over there — the big guy they call 'the
Resurrectionist,' would accommodate you. He
don't seem to think it 's worth his while to wait
for 'em."
He bobbed his head towards the counsel's
table as he spoke, and the old man, following his
glance, observed that Wallace Dunham had risen
and was being helped into his fur coat by a youth-
ful clerk. Indeed, it was soon apparent that
not only he, but Artemus Peck, and all the plain-
157
THE THIRTEENTH JUROR
tiff's other supporters intended to retire, for they
were gathering their books and papers together and
otherwise preparing for immediate departure.
Their adversaries at the opposite table watched
them with evident amusement, and something in
Mr. Poinder's expression evidently challenged
the Resurrectionist, for he stepped close to him as
he drew on his chamois gloves.
"Have n't you had about enough of this par-
rot's cage, Poinder?" he inquired in a low, pat-
ronizing tone. "I '11 lend you a clerk to receive
the verdict, if you have n't got one."
Gedney's counsel smiled provokingly.
"Thank you," he responded in a penetrating
drawl, "but I can afford to wait. Don't let me
detain you, however. He who fights and runs
away may live to fight another day, you know,
and that 's your best chance of surviving this
verdict."
The faint sound of laughter which greeted this
sally seemed to anger the metropolitan jurist, for
he turned away abruptly.
"I '11 leave a boy to bring me your scalp," he
snapped over his shoulder.
158
DELIBERATE JUSTICE
"Good !" retorted Poinder. "But if he comes
no nearer getting it than you have, Dunham,
he '11 return empty handed. However, I reckon
any boy could do better."
Again the ripple of laughter started, and this
time it spread from bench to bench until the
whole audience was chuckling as the Resurrec-
tionist and his retinue made their way toward
the door. Then the spectators suddenly relapsed
into silence, and the room remained as quiet as a
church till a neighboring clock tolled the hour of
four, when Judge Kinsley, rising from his chair,
retired to his chambers through the door behind
the Bench.
Instantly a buzz of conversation started, swell-
ing gradually to a perfect babel as the crowd
poured forth its pent-up opinions, hopes, and
fears concerning the jury and the probable mean-
ing of its delayed return. For a time Mr. Ged-
ney and his son held a sort of impromptu recep-
tion, in which hand-shaking, congratulations, and
good wishes were mingled with headshaking,
well-meant sympathy, and ominous questions,
until Mr. Poinder began to look anxiously at the
159
THE THIRTEENTH JUROR
flushed face of his gray-haired client and wonder
if he ought not to advise him to return to the
hotel. But the moment he suggested this the old
gentleman turned on him with a burst of nervous
impatience that might have ended in a scene had
not Peter Reeve interposed with the comforting
laugh which never failed to soothe his old-time
friend. Meanwhile, the crowd had been slowly
thinning, until by half-past four only a handful
of people remained in the room, and seeing that
Mr. Gedney was engaged in conferring with a
business friend, the host of the Reeve House mo-
tioned his counsel aside.
"What do you make of this, Mr. Poinder?"
he whispered. "Think it 's a disagreement'?"
The lawyer shrugged his shoulders.
"What do you ask me for, Pete?" he replied.
"You saw juries in this county before I was
much more than born. What do you think it
means'?"
The old man glanced apprehensively at Ged-
ney.
"I offered to give Eph Bisland a dollar for
every minute they stayed out after a quarter of
160
DELIBERATE JUSTICE
four," he responded, behind his hand. "That
wuz my opinion then. But now — well, it might
be an all-night job — or worse."
His companion nodded.
"Can't you persuade him to go back to the
hotel?" he inquired, indicating his client.
"He 's been busy talking and has n't realized how
the time is slipping by; but when he does — "
"When he does he '11 worry less right here than
he would anywhere else," interrupted Reeve.
"I 'd like mighty well to stay by him, but you
know the house is full er people, and — "
"I understand," assented Poinder. "Just tell
Zeb to get the fire lighted in his room and put a
flask of brandy where I can find it quickly if he
needs it. He 's got one? All right; but I've a
notion that Kinsley won't keep this shop open
much longer, and if he orders a sealed verdict — "
He paused as Old Man Reeve gave a low
whistle.
"A sealed verdict?" he repeated. "Gosh!
I 'd clean forgotten that play. Don't you let
him make it, Mr. Poinder. It 'd be an outrage
to keep Dave in suspense all night."
161
THE THIRTEENTH JUROR
Mr. Poinder drew a cigar from his pocket and
rolled it thoughtfully between his fingers.
"I 'd rather have a verdict that I could n't open
till to-morrow morning than a disagreement to-
night," he reflected. "But orders of that kind
are apt to make the jurors agree, and Kinsley
is n't as keen about having them agree as I wish
he was. Don't you worry about sealed verdicts,
Pete."
With a nod and a smile, the host of the Reeve
House moved toward the door, opened it, and
then paused with his hand on the knob. The
daylight was almost gone, and the dismal court
was entirely deserted save for the little group
shrouded in shadow at the further end. For a
moment the old man peered into the gloom with
an anxious expression on his usually calm face.
"I wonder," he muttered to himself. "I wonder
ef that really wuz a flask I felt in Dave's hip
pocket. . . . Never knew him to carry a gun,
but—"
His fingers slipped from the knob and the door
closed with a slam. Mr. Gedney instantly
leaped up, staring wildly about him.
162
DELIBERATE JUSTICE
"Lights — lights here!" he cried out fiercely.
"The jury 's coming — the jury 's — "
Then he paused, and, glancing from Poinder
to his son and across the vacant court-room, sank
slowly into his chair.
"That was funny," he murmured, weakly.
"I don't know what — what startled me so. Of
course they have n't come in yet. It 's early —
much too early. Is n't it, Mr. Poinder? You
can't expect to have such a big case — such a long
case — decided in a minute. . . . Can you, Pete?
. . . Oh, has Pete gone? . . ."
Old Man Reeve slipped quietly out of the
door, and, closing it softly, confronted the fat
court attendant mounting guard on a cane chair
at the foot of the little circular iron staircase
leading to the jury-room.
"What d' you suppose is the matter with 'em,
John?" he inquired with an upward gesture.
"Reckon they 've gone to sleep, Pete," re-
sponded the official. "I ain't heard 's much as a
pin drop since I 've been settin' here."
The old man shook some tobacco into his pipe
and slowly packed it in with his thumb.
163
THE THIRTEENTH JUROR
"Humph!" he reflected. "That 's a heap bet-
ter than havin' 'em fightin' like cats and dogs,
ain't it? But I kinder thought they wuz goin'
to agree quick."
"Me, too."
"Well, so long, John."
"So long, Pete."
As the storm door closed behind him, the veteran
jury expert struck a match and stood lost in
thought for some moments, mechanically puffing
at his pipe and watching the lights in his hostelry
across the village green. Then he shook his head
and slowly started down the court-house steps.
"Ain't quarrelin' or arguing or talkin' at all,"
he mumbled. "Just one of them settin', starin'-
at-one-another, dumb, obstinate kinds — I know
'em ! It 's a disagreement sure."
164
CHAPTER XIV
JUDGES OF THE FACTS
" Some men are born to feast and not to fight,
Whose sluggish minds e'en in fair honor's field
Still on their dinner turn."
Baillie.
THE lobby of the Reeve House was un-
comfortably crowded when supper was an-
nounced, for the widely advertised Gedney case
had brought a surprising number of visitors to the
scene, and the Bar of Fraser County, which
usually reigned supreme in the old hotel, for once
found itself in the minority. In fact, the
charmed circle around the wood-stove included
so many strangers that the legal brethren hurried
into the dining-room at the first stroke of the bell,
and returned after a scanty meal to forestall any
further invasion of their rights, with the result
that by half-past six they had regained complete
165
THE THIRTEENTH JUROR
possession of their favorite camping ground.
There was one layman, however, for whom the
profession was always ready to make room; and
as Old Man Reeve skirted the ring of chairs on
his way to answer a telephone call in the office
he was bombarded with invitations to sit down
and discuss the latest news from the front. But
for once in his life the old gentleman was not so-
ciably inclined, and passed by with a glum shake
of his head.
"He J s taking this case pretty hard," com-
mented Corning, as the old man disappeared.
Brundage leaned forward and knocked the
ashes out of his pipe by tapping it against the
stove.
"Why shouldn't he?" he demanded. "If
your best and oldest friend was threatened with
ruin would you feel, like cracking jokes or whoop-
ing it up much?"
The young man flushed.
"Of course not," he protested. "But there's
no danger of Gedney's being beaten. The worst
that can happen is a disagreement, and that's
always a sort of victory for a defendant."
166
JUDGES OF THE FACTS
"Not always," corrected the State's Attorney.
"The Supply people have got Gedney all tied up
with this litigation. That 's why they 've fought
so hard to keep him from getting a trial. A dis-
agreement would be as bad as a defeat for him.
His business would be ruined long before he
could get another trial, which is a beautiful com-
mentary on the way we administer justice in this
land."
The speaker paused, and, answering a signal,
tossed his tobacco-pouch into an outstretched
hand.
"Now don't let 's begin yapping at the evils of
the law," protested Thompson.
"Why not?" demanded Warren. "There are
no laymen present. The longer we put up with
such practices — "
"Well, it's a case of 'put up or shut up,'
is n't it?" retorted Thompson. "There 's more
room outside the profession, you know, Warren,
than there is in it."
"Tut-tut-tut!" laughed Brundage. "We'll
have to turn this circle into a prize-ring if every-
body 's going to pepper his words. Did any of
167
THE THIRTEENTH JUROR
you fellows have the slightest idea that the jury
would be out as long as this?" he continued. "I
did n't."
"There 's no use trying to guess what a jury will
do," asserted Plimpton. "A friend of mine had
a promissory note case not long ago, in which the
jury stayed out for six hours and then returned
a verdict of 'Guilty in the second degree,' what-
ever that meant."
"Was that in a prohibition town?" laughed
Bigelow.
"I can't say it was," replied Plimpton. "But
I would n't be a bit surprised if the Resurrection-
ist had this jury so mixed up with all his mo-
tions, exceptions, and requests-to-charge that they
don't know whether to condemn Gedney to death
or merely to fine him for being alive."
"Well, he certainly had Kinsley on the run,"
agreed Foster. "I bet the Honorable Jacob is
glad to get a breathing spell. Did you notice the
way Dunham rushed him from the very start, mak-
ing him rule on some point or other about once a
minute and never giving him time to catch his sec-
ond wind? I never saw a judge as scared and
168
JUDGES OF THE FACTS
generally wild as he was at the end of the first
day."
Warren nodded.
"Maybe there was method in his madness," he
suggested. "It struck me that he was delib-
erately trying to make a mistrial of it by provok-
ing Poinder into demanding the withdrawal of a
juror. What's the matter, Pete?" he continued,
as the proprietor reentered the lobby and started
hurriedly toward the kitchen.
"Matter enough!" growled the old man.
"The jury 's coming here for supper! On five
minutes' notice, too ! Is n't that just like Jake
Kinsley? He 's got 'bout 's much sense as —
well, ef he had any sense at all he would n't let
them fellers have a smell of anything to eat as
long 's they disagreed. Starvin' and not stuffin'
'em is what 'd bring 'em 'round !"
The veteran kicked the swing door open as he
spoke and disappeared into the kitchen, leaving
the lobby smiling but silent.
"That' s the first time I 've seen Pete on the
rampage for a good many years," commented
Warren, after a pause. "There 's a whole lot of
169
THE THIRTEENTH JUROR
truth, though, in his theory," he continued, but
stopped abruptly as the door opened, and David
Gedney entered, leaning heavily on his son's arm
and staring straight before him like a blind
man. Mr. Poinder followed with a clerk carry-
ing books and papers, and the lobby silently
watched the little procession as it moved across
the room.
At the staircase Mr. Gedney glanced over his
shoulder to see if his counsel was following him
and then started upward, moving with painful
slowness and resting on every step. At the first
landing he swung around facing the room and, as
he stood there leaning against the hand-rail and
breathing heavily, the door below suddenly flew
open and John, the court attendant, entered, lead-
ing in the jury like the bell-wether of a docile
flock of sheep.
For a moment the wearied litigant on the
stairway regarded the visitors with dull, un-
recognizing gaze. Then his fingers closed con-
vulsively on the balustrade and, leaning far
across it, he scanned each passing face with hor-
rible intensity, his lips moving as though in
170
JUDGES OF THE FACTS
prayer. Suddenly his arm shot forth in a de-
taining gesture and his voice rang out with
startling clearness:
"For God's sake, gentlemen — "
Mr. Poinder instantly clapped his hand over
the speaker's mouth, and Brundage, slamming the
stove-door shut with a crash, managed to divert
attention from the stairs until the deputy court
attendant, bringing up in the rear, had herded the
last juryman into the dining-room.
Every eye in the room was centered on Poinder
as he slowly released his hand and gazed straight
into his client's face.
"Don't lose this case for me, Mr. Gedney," he
commanded in a tense whisper, and, slipping an
arm around the old gentleman, fairly carried him
up the remaining stairs.
171
CHAPTER XV
THE LIMITS OF DISCRETION
"You should be ruled and led
By some discretion that discerns your state
Better than you yourself."
King Lear.
THE occupants of the lobby exchanged sig-
nificant glances as the scene on the stairway
ended, but no one offered any comment, and the
silence remained unbroken until Foster drew a
long breath and, opening the stove-door, noisily
threw in a log of wood.
"I don't like this sort of thing," he muttered.
"It takes all the fun out of practicing law.
Damn Peck and Dunham and all such shysters,
I say!"
"I don't know why you blame them," pro-
tested Thompson.
"Because they don't play the game," inter-
rupted Warren.
172
THE LIMITS OF DISCRETION
"They play it according to the rules."
"Not as I understand them."
"Well, they 're not responsible for your under-
standing. Ask Poinder. Don't you suppose
he 'd have brought them up with a round turn
if they 'd overstepped the bounds'? Of course
he would ! But he knows, and every other mem-
ber of the Bar ought to know, what the rules per-
mit—"
"Hush !" interrupted Brundage. "He 's com-
ing. . . . Hello, Dick!" he continued, as the
lawyer hove in sight. "We 've all been studying
your jury on its way to the trough, and we 've
unanimously decided that they're with you to a
man."
"That 's right," assented Foster. "Some of us
see it in their eyes, others know it by their walk,
others tell it by their mouths, and I 'm sure of it
because the honest farmers carry their overcoats
with 'em wherever they go, which proves that
they suspect the Resurrectionist! But all these
signs are equally infallible and every omen is
with you."
Poinder smiled faintly, but his face wore an
173
THE THIRTEENTH JUROR
anxious expression as he seated himself on an arm
of Foster's chair and began rolling a cigarette.
"I hope you 're right, boys," he responded,
calmly. "I think myself that they'll agree be-
fore long, if — "
He paused, glancing slowly around the circle,
but Brundage nodded, reassuringly.
"Go ahead, Dick," he laughed. "There's
none of the enemy present. If what?"
Gedney's counsel moistened the paper of his
cigarette, and then looked up quickly.
"If Kinsley does n't prevent it," he answered,
quietly.
"Kinsley?"
The question was a whispered exclamation
coming from right and left as the circle of chairs
contracted; but Brundage was the first to put it
in another form.
"How can the Judge prevent them from agree-
ing, Dick?" he demanded.
"He can dismiss them when he thinks they 've
been out long enough, Tom ; and, as he 's been
of that opinion for some time, he 's likely to do
it at any minute now."
174
THE LIMITS OF DISCRETION
"What!" exclaimed Foster. "They haven't
been out four hours yet."
"I know that," continued Poinder. "But
Kinsley began to get restless two hours ago. He
called Dunham, Peck, and me into his chambers
at half-past five and asked us if we did n't think
it was about time that the jurors were discharged.
Of course the Resurrectionist made a show of
protesting, but anybody could see he was n't
sincere, and if I had n't objected pretty strenu-
ously I believe the thing would have been done
on the spot. Since then his Honor has had two
other conferences with us on .the same subject,
and each time I 've had to fight him practically
alone. I tell you I don't like the look of things
— I don't like it at all."
"Why I never heard of such an outrage!"
commented Foster. "What 's the matter with
Kinsley, Dick 1 ? I always knew he was stupid,
but I certainly thought he was straight. Is n't
he?"
Poinder lit a matchand sat idly watching the
flame for a moment before he tossed it under the
stove.
175
THE THIRTEENTH JUROR
"Yes, I suppose he 's straight according to his
lights," he responded. "But everybody knows
that he's ambitious for another term on the
Bench, and it's pretty hard to forget that the
Supply Company is quite a political power in
this county. Very few of us could forget it if
our job was in danger and election day was near
at hand. As long as we elect our judges we ex-
pose them to just such temptations, and even
when they resist them they 're open to suspicion,
which is almost as bad for their influence with
the public as — "
"Oh, cut out the theorizing, Poinder, and
get down to brass tacks," interrupted Thompson.
"Do you mean to say that Kingsley 's actually
working with the Supply people?"
The lawyer slowly shook his head.
"Not consciously," he answered. "He knows
perfectly well that the Company is n't anxious to
have this case decided, and that they want to
keep it hanging over Gedney's head. But he 's
persuaded himself that he is n't affected by this
fact. What 's troubling him is his 'record.'
You've heard of his 'record,' haven't you?"
176
THE LIMITS OF DISCRETION
"Good Lord!" laughed Foster. "Whohasn't?"
"If anybody in this county does n't know that
the Honorable Jacob has been reversed less than
any other judge on this Circuit, it is n't because he
has n't advertised that fact," commented Plimp-
ton.
"Well, there you have the secret of the whole
thing," resumed Poinder. "Dunham took two
hundred and ninety-seven exceptions to his
Honor's rulings during the course of this trial."
Brundage nodded.
"I see," he reflected. "There are two hundred
and ninety-seven chances of his having been
tripped up on some fine point of law, if the case
is reviewed in a higher court, so he 's decided to
play "the thirteenth juror" and prevent an agree-
ment."
"Of course," assented Foster. "If there 's no
verdict, there 's nothing to appeal from and
his precious 'record' is safe. Naturally he pre-
fers a mis-trial. What judicial side-stepper
would n't?"
"Especially when his fears coincide with po-
litical expediency," added Plimpton.
177
THE THIRTEENTH JUROR
"No; give the devil his due," protested Poin-
der. "I confess that at one time I thought he
was afraid of the Supply folks, but I don't now.
It's the rules of evidence and the technical de-
cisions that have cowed him and got on his nerves.
Of course he did n't want to try this case, and
you all know how hard he struggled to get rid
of it. But I honestly believe he 'd have judged
it on the merits, without regard to his political
fortunes, if there 'd been no legal quibbles raised.
It 's only because he is 'law sick' that he 's play-
ing into my opponent's hands. However, I '11 tell
you what I 'm going to do—"
"Hush," interrupted the State's Attorney.
"Here comes the jury."
There were no signs of dissension or trouble of
any kind among the jurors, as they filed from the
dining-room. On the contrary, they appeared in
such capital spirits that their laughter and gen-
eral lack of seriousness rather grated upon the
watching group of lawyers, and, when they finally
made their exit in a perfect gale of merriment,
the lobby glanced anxiously and sympathetically
at the counsel in the cause. But Poinder was
178
THE LIMITS OF DISCRETION
absorbed in drawing patterns on the floor with
the poker and did not look up till Brundage ad-
dressed him.
"You were just about to tell us something,
when those merry picknickers interrupted, Dick,"
he observed. "What was it?"
"Nothing; except that I don't intend to hold
any more conferences with Kinsley in his private
quarters," responded the lawyer. "If he is going
to discharge this jury, I 'm going to make him
do it from the Bench in open court — where you
gentlemen will find plenty of room on the front
benches, if the spirit moves you to attend," he
added, meaningly.
"By Jove, that's a good idea, old man," ex-
claimed Warren. "We can make it a sort of
professional mass-meeting."
"As a silent protest," amended Foster.
Poinder nodded.
"I think his Honor wouldn't misunderstand
your presence," he responded. "Can I count on
you?"
"To a man," asserted Brundage, glancing con-
fidently round the circle.
179
THE THIRTEENTH JUROR
"Good ! You won't have to wait long. I 'm
going over to the court-house now and I '11 let
you know if you 're wanted."
Poinder rose as he spoke.
"Hello, Zeb," he continued, as the handy man
of the Reeve House entered with a fresh basket
of wood. "Ask Pete if you can come across the
Green with me on an errand of some importance.
. . . What's that 1 ? Abner Saltus is outside?
All right. Tell him I 'm coming. ... I
thought we would n't have long to wait, gentle-
men," he went on. "The Judge's secretary has
arrived with a message from the Court."
Half an hour later the occupants of the lobby,
responding to Zeb's breathless summons, rose as
one man and hurriedly followed him across the
village green. The dimly lighted court-room
was strangely silent as they entered and filed into
the foremost seats. Judge Kinsley was on the
bench, apparently absorbed in the perusal of a
legal document. At one of the counsel tables sat
Wallace Dunham in his big fur overcoat, poring
180
THE LIMITS OF DISCRETION
over a time-table with Artemus Peck, while Poin-
der, almost hidden in the shadow, was busily
writing at the other.
The Judge looked up sharply as the visitors
entered, and the Resurrectionist, removing his
big-rimmed, tortoise-shell eye-glass, stared at
them in frank astonishment for a moment, and
then glanced questioningly at his adversary. But
Poinder continued his writing undisturbed, and
it was not until Brundage slipped into a chair
beside him that he turned toward his supporters.
"It 's too late," he whispered to the State's
Attorney. "He *s sent for the jurors already.
Dunham and Peck practically consented to their
discharge, and he would n't hear a word from me.
I 've made pretty complete notes of everything
that 's happened, however, and I 'm going to get
a full protest on the record before he actually
carries this thing through."
"He won't carry it through," muttered Brun-
dage, confidently.
Poinder glanced smilingly at the well-filled
benches.
"I don't know," he responded. "He 's almost
181
THE THIRTEENTH JUROR
committed himself to it now. However, there 's
just a bare chance that — Hush! They're com-
ing."
Every head in the room turned as the iron stair-
way rang with the tramp of feet, and in another
moment the door opened and the twelve men en-
tered, and, shambling up the aisle, took their
seats in the jury-box.
Judge Kinsley, leaning across the judicial
desk, watched them intently while the clerk
called the roll, and as the last man responded to
his name he addressed them in low, courteous
tones.
"Gentlemen," he began, "you have now been
deliberating on this case for several hours and
though I am loth to exercise the discretionary
power of discharging you with which I am clothed
by the law, yet I feel that it would be improper
to coerce your judgment by further confinement.
If there were any chance of your being able to
agree upon a verdict — "
"Say, Judge," interrupted a voice from the
rear of the box, "we agreed long ago, but the
foreman said — "
182
' Do you see any green in that ? " he drawled
THE LIMITS OF DISCRETION
The crash of the Judge's gavel silenced the
speaker, but crash after crash was required to
bring the audience to order. Then, glaring
fiercely at the offenders for a moment, Kinsley
turned slowly to the jury-box.
"Am I to understand, sir," he demanded of
the foreman, "that you have agreed upon a
verdict?"
"That's right, Judge."
Again the gavel crashed upon the desk, but the
warning was unnecessary as far as the audience
was concerned, and, noting this, the Judge turned
and nodded to the clerk.
"Gentlemen of the jury," began that official.
"Gentlemen of the jury, you say that you have
agreed upon a verdict. How do you find? For
the plaintiff or defendant?"
The lanky countryman in the foreman's seat
rose slowly as the clerk concluded his formula.
"For the defendant," he responded clearly.
The festivities at the Reeve House were at
their height, and Poinder, mounted on a trunk,
was endeavoring to respond to a call for a speech
185
THE THIRTEENTH JUROR
amid a volley of laughter and applause, when
Brundage, sitting on the office desk, with his arm
flung fraternally over the foreman's shoulder, in-
quired why the jury had taken so long to reach
their verdict.
"We did n't take no time at all," was the
shouted answer. "We agreed on the first bal-
lot."
"What!" roared the State's Attorney, trying
to make his voice heard above the din. "You
agreed at once! Then why in thunder did n't
you say so?"
The foreman drew down his lower eyelid.
"Do you see any green in that'?" he drawled.
"Did n't the county have to furnish us with a
free supper if we stayed out? You bet it did.
We were n't born yesterday, Mister !"
186
CHAPTER XVI
ON THE MERITS
"Joys are bubble like,
What makes them, bursts them too."
Bailey.
THE lobby of the Reeve House looked like
the waiting-room of a busy railway station
the morning after the verdict. Trunks, bags,
boxes, and all the paraphernalia of travel lay
scattered about the floor in every direction, and
the guests, with overcoats and hats on, mounted
guard over their belongings or stood chatting with
the proprietor at the office desk as his employees
shuffled in and out transferring the baggage to the
hay cart that was always pressed into service when
the Circuit Court adjourned.
The hour for speeding his parting guests was
usually a sore trial for Old Man Reeve, and it
was not merely the financial loss involved in the
exodus that dampened his normally buoyant
187
THE THIRTEENTH JUROR
spirits. On the contrary, it is probable that he
would have been glad to relinquish all chances of
profit if he could have induced the Bar of Fraser
County to prolong its stay in Belo, for the only
time he really lived was during the sessions of
the court. The rest of the year he simply
"rusted out," as he expressed it, although the
legal fraternity declared that he grew fatter and
jollier and generally more youthful every day he
lived. Certainly he always appeared to be in
fine feather when he welcomed the profession on
its quarterly returns to the county seat. But there
was one sign of age which he had undeniably dis-
played in recent years, and that was his marked
aversion to bidding any one good-by. That he
was well aware of this weakness, and desired to
conceal it, was apparent from the fact that he
generally managed to absent himself altogether
from the scene during the last day of the term,
leaving Zeb Turner, as master of the closing cere-
monies.
But on this occasion the old man occupied his
favorite perch on the bookkeeper's stool behind
the desk, and as he sat there chatting with the
188
ON THE MERITS
familiars of the lobby his face was so unmistak-
ably jovial and contented that some one jestingly
remarked that he did n't seem to be grieving
much at the departure of his friends.
"No, sir, I can't weep on anybody's shoulder
to-day," he responded, cheerily. "Last night's
verdict made me as frisky 's a colt, and Dave
Gedney 's gained 'bout ten years in 's many hours.
. . . Ain't I scared the Supply Company '11 boy-
cott me for sidin' so openly agin 'emt' he con-
tinued, with a loud guffaw. "No, sir, I ain't!
There never wuz no love lost between me and
them sence they started huntin' fer Dave's scalp.
He 'n me 5 s been friends too long for me to cud-
dle his enemies. Reckon it 's lucky that great
counsel they lugged up from the city did n't stay
here. I might 'a' been tempted to pizen his tea !
But 'twarn't necessary. Dick Poinder settled
his hash. He done 'em ! . . . What are you all
howlin' 'bout? I don't see the joke. Dunham
is his name? Of course I know that, but I don't
see nothing partic'ly funny 'bout it. . . . Take
a check from you, Mr. Plimpton 1 ? Yes, sir, I 'd
take Confederate bills from any member o' this
189
THE THIRTEENTH JUROR
Bar. Never knew any you folks to stick me yit,
and hope I '11 die 'fore I take to suspectin' my
friends. No use tryin' to skin a man who 's got
so many lawyers 'round him, eh? Well, maybe
there 's somethin' in that, counselor ! . . . Yes,
sir; stage '11 be 'long in 'bout half an hour.
Never knew 'em to miss a train yit. No such
luck for the Reeve House! . . . Telegram for
Mr. Gedney? All right, boy, I'll sign for it.
. . . Here, Zeb, hop up stairs with this to Mr.
Gedney's room. . . . He 's had 'bout eleventeen
of them congratulatin' messages already this
mornin', and I bet there 's been bunting on his
factory sence sun-up. My! They won't know
him when he gits home, he 's grown so young
over night. Spry? Well, he's a regular four-
year-old, thanks to the jury! . . . Want a
receipt, Mr. Plimpton 1 ?"
The lawyer shook his head as he blotted the
signature on his check.
"Mr. Gedney does n't owe any thanks to those
jurors, Pete," he observed. "That was a pretty
mean trick they played on him last night, I
think."
190
ON THE MERITS
"What? Stayin' out till they'd had their
supper?" laughed the old man. "Shucks! I'd
near forgotten that. Yes, sir, it wuz sorter
triflin' with his nerves. But, say, I 've a notion
that they war n't only just plottin' for a free
meal. I b'lieve the foreman wuz guyin' you,
Mr. Brundage, when he sprung that yarn. I
wuz talkin' to some of the other fellers after-
wards, and they let on they didn't think 'twas
quite becomin' to find a real quick verdict in a
big case like that. You see they know'd the
Supply folks 'd been fightin' Gedney off for
more 'n a year. Some of 'em wuz on the panel
when the case first come up in court five terms
back, and they calc'lated that 'twarn't hardly
decent to settle a three days' trial in three min-
utes. So I reckon a few of 'em cast blank ballots
and kept on castin' 'em so 's to make themselves
sorter important. I ain't got the hull truth of
the matter yit, but I 'm thinkin' my guess ain't
far from right. . . . Want your trunk, Mr.
Corning? Ain't it been brought down yit? Sho !
. . . Here, you Zeb, git somebody and hustle
Mr. Coming's things down, and, while you 're at
191
THE THIRTEENTH JUROR
it, take a look into Mr. Poinder's room, boy, and
see ef his trunk 's closed. If 't is, strap it up and
bring it along. He won't have much to spare,
time he 's back."
"Where's he gone, Pete 1 ?" demanded Brun-
dage.
"Over to court, counselor."
The State's Attorney nodded.
"Of course!" he assented, "The Judge post-
poned the formal motions in the case until this
morning, didn't he? Well, it's the last act in
the great drama of the Supply Company vs. Ged-
ney & Son, and it ought n't to take him long to
ring down the curtain on that. I wonder he
did n't leave it to a clerk."
Old Man Reeve shook his head decisively.
"No, siree!" he asserted. "Them formal mo-
tions, as you call 'em, is nuts to the winner, and
ef I wuz Mr. Poinder I would n't miss seein' the
Supply folks sit up on their hind legs and beg for
a new trial for anything. And then I 'd soak 'em
for the biggest extra allowance and all the costs
I could git! Dick Poinder ain't no gloater, but
he 'd be somethin' less than human ef he did n't
192
ON THE MERITS
want to stamp the ground in over that there
'Resurrectionist.' Gosh ! I '11 never forget his
face when the foreman spoke his little piece last
night ! I 'm goin' to think 'bout it when I get
the rheumatics. Betcher it '11 make me laugh !
He wuz the most surprised man — "
"Who are you talking about, Pete?" inter-
rupted Warren, pausing as he passed the desk.
"Wallace Dunham? Humph! He was n't sur-
prised. He was absolutely flabbergasted, and
I don't blame him. First he believed he was
going to win hands down; then he thought Kins-
ley was going to dismiss the jury and give him
a new lease of life, and then the verdict knocked
the wind clean out of him."
The proprietor's eyes twinkled reminiscently
as he lit his pipe.
"There war n't nothin' else in him to knock,
Mr. Warren," he chuckled. "I sized him up as
a big bag er wind soon 's I sot eyes on him, and
I reckon I war n't far wrong. That sort of a
'Resurrectionist' may be able to revive dead cases
in the city, but in this county his final trump
won't open no graves. Little Peck knows our
193
THE THIRTEENTH JUROR
people better 'n any city shark that ever lived,
and I b'lieve the Supply folks made a big mis-
take in handicappin' him with that Dunham man.
What do you think, Mr. Brundage?"
The State's Attorney shrugged his shoulders.
"I don't know, Pete," he responded. "He
disappointed me, but I rather think he impressed
Judge Kinsley."
The old man nodded reflectively.
"You 're right there, counselor," he admitted.
"He certainly scared Kinsley, and maybe 'im-
pressed' is a politer word. But Mr. Poinder
war n't afraid of him. He had him agin the
ropes most of the time, just as I know'd he would
soon 's he got him in the ring."
"I should say this had been a perfect example
of a running fight," commented Watkins, as he
tossed a calling card on the desk. "There's
been more running than fighting in it anyway.
. . . That 's my mail address, Pete."
The proprietor slipped the card into the letter-
box beside him.
"All right, sir," he responded. "Of course
there wuz more runnin' than fightin' to it," he
194
ON THE MERITS
continued. "It wuz an obstacle race from start
to finish, with the Supply folks buildin' the ob-
stacles and Gedney clamberin' over 'em till his
legs wuz pretty nigh wobbled off. I reckon some
of you fellers don't exactly realize how near gone
Dave wuz. But now it 's all over I don't mind
tellin' you he almost threw up the sponge last
term, and another adjournment this session would
have put him down and out. You see, as long
as the Supply Company had this suit agin him
lots of his customers fought shy of doing busi-
ness with him for fear of gettin' themselves
mixed up in the trouble, and his credit wuz at
the snappin' point, which wuz just what them
Supply devils wanted. He 'd have had to sell
out to 'em or bust inside of another month, and
I reckon that between bustin' and taking what
they 'd have given him there would n't have been
no great choice. The banks treated him fair and
square enough, but they saw his finish unless this
case wuz out of the way, and they allowed they
wouldn't carry him another term nohow. . . .
Hello! here he comes. Right this way, Dave!"
195
CHAPTER XVII
TO ABIDE THE EVENT
"And lo! the phantom caravan has reached
The Nothing it set out from. O make haste !"
Omar Khayydm.
MR. REEVE'S allusions to the sprightliness
of his friend were not bome out by the
senior partner of Gedney & Son as he descended
the lobby stairs, for he moved very slowly, lean-
ing heavily on the hand-rail, and his drawn and
haggard face still showed the terrific strain to
which he had been subjected. But those who
had seen him on the same stairway the previous
evening when the verdict was in doubt readily
understood the proprietor's optimistic report of
his health. He certainly was a very different
person from the half-crazed, disheveled old man
who had aroused the sympathy of the legal pro-
fession as no other layman had done for many a
196
TO ABIDE THE EVENT
year in Belo. Feeble and nerve-wrecked he un-
doubtedly was, but as he moved down the stairs,
clothed in his neat, old-fashioned garments, there
was something so dignified and courageous in his
bearing that the lobby suddenly broke into a
spontaneous round of applause. The little old
gentleman's gaunt face flushed with pleasure as
the sound of the hand-clapping reached his ears,
and, pausing two or three steps from the foot of
the stairs, he gravely lifted his tall hat in recog-
nition of the courtesy.
"Speech!" shouted somebody, and the ap-
plause began again, swelling this time to quite a
small ovation. A smile of gratification flickered
on the veteran's lips, but his eyes were suspi-
ciously moist as he slowly raised a trembling hand
commanding silence. The lobby instantly re-
sponded, but for a few moments the hush re-
mained unbroken as the old man struggled to
master his emotions.
"Gentlemen," he began at last in a low voice
that quavered slightly, "I cannot express
my appreciation of this greeting. All I dare
trust myself to say is thank you — thank you a
197
THE THIRTEENTH JUROR
thousand times. But, gentlemen, it is not me
you should applaud, but my counsel, Mr. Poin-
der, of whom the Bar of Fraser County has good
reason to be proud this day."
"Three cheers for Dick Poinder!" shouted a
voice, and they were given with a will.
"That tribute does you honor, gentlemen,"
resumed the speaker. "No lawyer ever fought
more skilfully, more fearlessly, or more untir-
ingly for a client than Mr. Poinder in his defense
of the house of Gedney & Son. He has been
more than a legal adviser to us. He has been a
friend whose indomitable courage has enabled me
to keep the field when hope was almost gone. I
can never repay him for the services he has per-
formed."
Mr. Gedney's voice broke, and he paused,
nervously fumbling with his handkerchief, while
the little group of listeners waited in respect-
ful silence as he endeavored to regain his self-
control.
"Bear with me a moment," he continued,
speaking very slowly. "I want to say something
more to you, and I will try to say it as calmly and
198
TO ABIDE THE EVENT
briefly as I can. . . . Your distinguished col-
league has achieved a great triumph for me. But,
gentlemen, in fighting my battles he has, I make
bold to say, been likewise championing you, and
not only you, but every one who loves his coun-
try, for he has been defending the law of the
land. . . . You who have seen me haunting this
place term after term know how long we have
struggled to get our case to trial, and you know
the means that have been employed to thwart us.
But I wonder if you realize that it has been the
Administration of Justice that has been on trial
during all these weary weeks and months'? . . .
I have been too vitally interested in the imme-
diate outcome of this particular action to philoso-
phize very deeply concerning the general state of
the law. But, absorbed as I have been by the
knowledge that further delay in this litigation
would ruin my whole life-work, I have never lost
sight of the fact that something far more impor-
tant than my individual fortunes was at stake
in this cause, and I believe it was this that sus-
tained me and strengthened the arm of my de-
voted counsel. . . . My friends, when the law
199
THE THIRTEENTH JUROR
becomes the sport of the unscrupulous and a
weapon of oppression in strong hands, the very
existence of this Republic will be in peril.
Thank God that day has not yet dawned; and it
remains for you, who are sworn officers of the
court, to say that it never shall arrive. But the
peril is very real, gentlemen, and your responsi-
bility is great — greater than that which rests upon
any other body of Americans to-day. . . . Per-
haps I have said too much; but we are parting,
never probably to meet again, and the warmth of
your greeting has encouraged a garrulous old man
to speak his mind. I thank you."
The speaker paused, and, swaying slightly,
leaned against the balustrade, smiling faintly in
recognition of the hearty applause that greeted
his closing words, and before it died away Old
Man Reeve started for the stairs.
"Git a chair for him near the window in my
office, Mr. Brundage," he whispered, as he passed
the State's Attorney. "He J s overtaxed his
strength a bit. And, Zeb! bring us the flask of
brandy you '11 find in the dining-room sideboard.
Here's the key. . . . Now, Dave, just lay a
200
TO ABIDE THE EVENT
finger on my arm. . . . Sure, I know you kin
walk alone, but ef two heads is better 'n one,
why should n't four feet be twice as good 's two?
. . . There you are! That's a pretty uncom-
fortable-lookin' chair, Mr. Brundage. Ain't we
got nothin' better outside? Well, never mind.
Dave says he likes this. . . . Want to sit up
straight, eh? . . . Got a sorter stitch in your
side? Humph ! That 's too bad; but I '11 have
a nip of brandy for you in 'bout a minute, and
that'll fix you all right. . . . What's that?
. . . Son 's got somethin' better, has he?
Good! Where is he? Upstairs? All right.
I '11 fetch him."
The old man turned, and, hurrying into the
lobby, found himself confronting a newcomer
who was staring around the room as though
searching for a familiar face. The man was
equipped from head to foot for motoring, but
despite his big goggles and the fur helmet which
concealed most of his face, there was something
in his huge bulk and domineering presence that
speedily turned the proprietor's look of amused
surprise into a scowl as he recognized Wallace
201
THE THIRTEENTH JUROR
Dunham, and, nodding curtly, started to pass on.
The visiting jurist, however, laid a detaining
hand upon his arm.
"You are Mister — ?" he hesitated, groping for
the name. "You are the proprietor here, are you
not?" he continued, shoving up his goggles as he
spoke.
Old Man Reeve shook himself free, and
turned away abruptly.
"You win," he responded over his shoulder, as
he moved toward the stairs.
"Then wait a moment, please."
The Resurrectionist drew off one of his fur
gauntlets and, unbuttoning his huge overcoat,
produced a leather pocketbook.
"My chauffeur had breakfast here this morn-
ing, I believe," he began, "and I want — "
"Settle it with Zeb, the boy over there by the
door," interrupted the old man. "He 'tends to
the help. I ain't got no time to bother with you
now."
Mr. Dunham frowned impatiently as the pro-
prietor disappeared up the stairs, and then, turn-
ing with a smile of tolerant superiority, recog-
202
TO ABIDE THE EVENT
nized the State's Attorney, who was emerging
from behind the office desk.
"Good-morning, Mr. Brundage," he observed.
"Our host seems somewhat short-tempered to-day.
Maybe you will introduce me to a gentleman
named Zeb, who is, I believe, deputed to receive
cash insults for his chief?"
Brundage laughed, and beckoning to the handy
man of the Reeve House, presented him with due
formality.
"Mr. Zeb, I 'm charmed to make your ac-
quaintance," continued the lawyer in a bantering
tone. "Will you be good enough to inform me
what I owe for my chauffeur's breakfast"? Fifty
cents'? That hardly seems adequate to me,
knowing as I do the enormous appetite acquired
by chauffeurs in their healthful outdoor labor.
But if you deem it sufficient I must, I suppose, re-
luctantly concur in the result, merely requesting
that you will transmit my thanks to the excellent
Boniface whom you so ably represent."
Zeb eyed the speaker with an expression which
plainly showed that he did not relish these
facetious remarks and was prepared to show his
203
THE THIRTEENTH JUROR
resentment more forcibly if occasion required.
He received the half-dollar in silence, however,
and, dropping it into his pocket, swung on his heel
without a word.
Dunham watched him with a mocking smile
and then turned to Brundage.
"I fear yonder yokel is not blessed with a nice
sense of humor," he observed. "Upon my word
I think countrymen are the sourest mortals God
ever made. I 've hardly heard a laugh since I
left town, and if I don't get back there soon I 'm
afraid my face will grow so long they '11 charge
me double price for shaving. By the way, is
there a telegraph office in this establishment?"
The State's Attorney shook his head.
"No," he responded. "But there 's one in the
railroad depot, if you 're going in that direction."
Mr. Dunham consulted his watch.
"I 'm not," he responded. "And I have n't
time to go out of my way, either. I wonder, if
I left a message whether any one here could take
it—"
"Certainly," interposed Brundage. "Put it in
the bookkeeper's window there, and Mr. Reeve
204
TO ABIDE THE EVENT
will send it down with the stage-driver. He '11
be here inside of half an hour."
"Good!"
The Resurrectionist stepped to the desk, drew
a telegraph blank toward him, and, rapidly pencil-
ing a few words, shoved the message with a coin
through the round hole in the glass partition
guarding the clerical desk.
"You '11 call the old boor's attention to that
when he comes down — won't you, Brundage 1 ?"
he inquired. "Thanks ever so much. Good-by."
The occupants of the lobby sauntered out on
the piazza as Mr. Dunham strode from the room
and stood watching him as he mounted into the
driver's seat of the waiting car. There was
nothing remarkable in the way the chauffeur
tucked the rug around his employer, and his
method of cranking the machine was common-
place in the extreme, but the little group in front
of the Reeve House followed each move as
though they were witnessing a novel experiment,
every detail of which should be carefully ob-
served. Mr. Dunham looked up as the engine
began to throb, and, catching sight of his audience,
205
THE THIRTEENTH JUROR
waved a hand toward them as he drew his goggle's
into place.
"So long, gentlemen," he called out as he
threw in the clutch. "See you next term, I
hope."
The car sprang forward, and as it disappeared
around a bend in the road with a defiant screech
of its siren, the watching lawyers turned to each
other with questioning glances. But it was
Warren who voiced the thought that was upper-
most in their minds.
"I wonder what he meant by that parting salu-
tation," he reflected.
"Durned if I know," yawned Plimpton, "un-
less he thinks the Appellate Court holds its ses-
sions here."
"That 's it, of course," asserted Corning.
"They 're going to appeal the Gedney case, and
he supposes it '11 be argued in Belo. His guess is
about as good as his chances of winning on ap-
peal, in my opinion."
"Well, he's a sport, anyway," commented
Foster. "Most men would have been a bit sore
after the hiding he got yesterday, but he's a
206
TO ABIDE THE EVENT
better loser than I thought he was last night. I
don't believe many of us would be as good-tem-
pered under similar circumstances. . . . Hello!
What 's that, I wonder? It sounds as though
somebody had fallen down the stairs !"
The speaker turned as he spoke, and, hurrying
to the open door, uttered a cry of alarm that
quickly brought the others crowding around him.
On the lobby floor lay Mr. Gedney, face down-
wards, his arms extended, his hands clenched,
and his hat rolled to one side. For a moment
the lawyers gazed helplessly at one another, and
then Mr. Brundage sprang forward, and, kneeling
beside the fallen man, gently raised his head.
Some one ran to the dining-room and hurried
back with a glass of water, but Brundage merely
shook his head when it was offered, and, bending
over the prostrate man, carefully felt his pulse.
The white-faced group around him watched the
test in almost breathless silence, and the tension
was at the breaking point when young Corning
spoke.
"Shall I go for a doctor?" he whispered,
hoarsely.
209
THE THIRTEENTH JUROR
The State's Attorney, with his fingers still on
Mr. Gedney's wrist, did not answer for a mo-
ment. Then he slowly nodded.
"I suppose so," he responded. "But I 'm
afraid it 's too late. He 's gone, I think. Fos-
ter, you 've had some medical experience. See if
you find any sign of life here."
No one spoke as Foster complied with this re-
quest, and it was not until he raised his head,
after vainly listening for a heartbeat, that Brun-
dage broke the silence.
"Plimpton run up stairs and keep Pete from
coming down," he suggested. "He mustn't
know this yet."
The lawyer nodded, but pointed to the body
on the floor as he moved toward the stairs.
"What's that in his hand?" he whispered.
The State's Attorney glanced in the direction
indicated, and, kneeling again, raised the dead
man's right hand, and, gently releasing the
clenched fingers, drew forth a crumpled paper.
"Good God !" he muttered, as he smoothed out
the sheet upon his knee. "It's Dunham's tele-
gram. . . . Gedney must have found it on the
210
TO ABIDE THE EVENT
desk. . . . No wonder it killed him. Listen!" he
continued. "It 's addressed to the Farmers' Sup-
ply Company. 'Congratulations,' it reads. 'On
strength of my exceptions Judge Kinsley set aside
Gedney verdict this morning and ordered a new
trial. Costs to abide the event' Signed, 'Wal-
lace Dunham.' "
"The Resurrectionist!" gasped Warren.
"The murderer, you mean," corrected Corning.
Mr. Brundage laid his hand on the speaker's
shoulder.
"Don't, my boy!" he protested, quietly. "No
member of the Bar can afford to talk like that.
You know perfectly well that every lawyer is
licensed to do all that Dunham did and a good
deal more. Don't let us, at least, fool ourselves
by putting the blame where it does n't belong.
This poor fellow has been executed by the law
whose crimes we are condoning every day, and
such work will continue until public opinion — "
"Hush!" interrupted Foster from the window.
"Here comes Poinder. . . ."
THE END
211
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