A Master Hand Part 16

"I may not tell you who he is; that is not my duty; but I will tell you what sort of a man he is, and why and how he did this deed.

"It is all so plain that he who runs may read.

"It was a man in White's own station in life, a man who knew him and knew his ways, his haunts, his very nature.

"A man who was implicated with him in some wrong-doing and feared for his own safety while the weaker vessel shared the dangerous secret with him.

"A man of pride whose reputation was dear to him; a man of resource and determination; one who did not know fear or hesitation.

"That man, whoever he may be,--and such a one only killed White,--was the man for whom that half-written letter full of reproach and threats was meant, and it was such threats as those that drove him on to his terrible deed.

"He came there that night after I and the others had left; he came probably to expostulate, or to plead, but he found the victim in a sleep, heavy from drink, and the weapon was at hand and it was the easier and the shorter and the sure way, and he killed him.

"Then he put on the cap and ulster to disguise himself and he stuffed the money that was on the table in the pocket to mislead simple people and as he hurried away from the scene one bill dropped in the vestibule, where Winters, as he said, found it.

"The ulster and the other bills he left at the house of Belle Stanton, the place most likely again to confound the simple-minded, because the place where White was most apt to go at all hours.

"Now that I have told how and why the crime was done, let the police go and find their man and bring him to you, and not ask you to make good their shortcomings by convicting this innocent prisoner.

"Acquit him! Let him go free! He is only his own enemy! No such weakling ever did that deed! He is incapable of it! I tell you he is innocent! I know it!"

His voice, which had been growing more and more impa.s.sioned till each note vibrated through the room, suddenly ceased and absolute stillness followed, till the voice of the Judge was heard addressing him in a low tone.

"Mr. Littell," he was saying, "I cannot allow you to give your own opinions to the jury; it is contrary to the practice; you must confine yourself to the evidence."

Littell stood erect, listening to the remonstrating words, and when they were concluded, replied gravely:

"I have undertaken the defence of this man, your Honor, and the obligation it carries with it is above the rules of practice. That prisoner is innocent and I have only told this jury so, as was my duty.

I have no more to say"; and he turned away and resumed his seat, but not till the last echo of his words had ceased did a man move in the court-room. All eyes remained fixed on the lawyer--unable to break the spell he had put upon them. That a change had come over the feelings of all there, could be felt.

How much conviction he had carried to the Judge and jury, or how much of only wonder and uncertainty it was that I saw written in their faces, I could not tell, but all signs of listless indifference were gone, and in their place was tense feeling. I felt as though the wonderful insight of this man had worked a revelation. I had expected a great argument, but this word-picture of the nameless criminal and his crime was dreadful in its realism.

When the District Attorney rose to begin his closing argument, he acted like a man confounded by an unexpected proposition, and groped about amid legal generalities till he felt his way. Then he caustically referred to his opponent's closing sentences as a brilliant bit of fancy fitting for a place in a stage setting, but with no proper place among the real things of life, and he admonished the jury to put it aside from their consideration till they should have dealt with the serious facts before them.

Then he proceeded to a review of the case and again arrayed in order all the damaging facts of the evidence, which seemed to fix the crime on Winters. Throughout he received the close attention of the jury, but that he was entirely successful in eradicating the effect of Littell's speech seemed very doubtful.

After he had finished, the Judge charged the jury. His review of the evidence was fair and impartial, but it necessarily told against the prisoner, to whose testimony he would only allow its proper balance of weight.

He hesitated before he referred to Littell's argument as it doubtful just how to treat it, but at length said that the theories of the counsel could be considered only in so far as the evidence bore them out.

He might have said more, but he, too, I thought, was unable to overcome entirely the effect the speech had had upon him.

He then directed that the jury retire to decide upon their verdict, and announced to the lawyers his intention of waiting till twelve o'clock for their decision, in case they should reach an agreement by that time.

When the Judge retired, most of the spectators and witnesses left the court-room, but the lawyers and reporters gathered about the trial table as is their custom--in interested discussion of the case. Littell, however, sat aside to himself with his head resting on his hand in a deep study. Several endeavored to congratulate him, but he only shook his head and turned away.

"I fear it has been of no avail," he said to me. He was evidently thinking of the prisoner and not of himself. I refrained from any comment, but was doubtful of the State's chances of securing a verdict, and there were many opinions expressed to the same effect. The very persons who during the recess had taken conviction as a foregone conclusion were now not only doubtful of the verdict, but in some instances, I thought, even doubtful of the prisoner's guilt. No stronger evidence of Littell's masterful conduct of the case would have been needed even had the general opinion on the subject not been outspoken, but through it all Littell sat by indifferent.

Time pa.s.sed and when the hour of twelve came around, the Judge returned to the bench and all was decorum again.

A bailiff was sent to inquire if the jury had agreed.

It was but a matter of form, for all knew that had they done so, they would have reported it voluntarily; but still each man kept his place and waited with nervous expectation, while the court sat to receive the reply. In a few minutes the messenger returned and reported that there was no present prospect of an agreement that night, whereupon the court adjourned until ten in the morning.

CHAPTER XII

AN EPISODE AND A DINNER

The jury did not agree. They stood nine for conviction and three for acquittal when the court met in the morning, and there being no prospect of an agreement, they were discharged.

It was looked upon as a victory for the defence, but only because a conviction had been generally expected. As it was the case had to be tried over again.

Upon leaving the court-room, Littell accompanied me to my office, for he was anxious to secure some little delay before the next trial and wished to see the District Attorney regarding it. He said he needed time to recuperate and his appearance bore this out, for I had never seen him look so f.a.gged or dejected.

We found the District Attorney in his office in conversation with his a.s.sociate and the Inspector. He greeted Littell very cordially and congratulated him upon his conduct of his case; but Littell, after only a word of acknowledgment, hastened on to the subject of his visit. He asked for at least a month's interval before the next trial, and urged in support thereof his need of rest and change.

The request was readily acceded to, in spite of some objection from the Inspector, who was evidently chagrined over the failure of the State's case.

"I suppose, Littell," the District Attorney said quizzically, as we were leaving, "you also want time to hunt up some evidence to support that very interesting personal account of the murder you gave to the jury!"

but Littell replied with some abruptness, I thought, that the only defect in his theory of the case was that it lacked the evidence of an eye-witness to prove it, which was also lacking upon the part of the State.

"It is all a matter of deduction from circ.u.mstances," he added, "and I think mine were fully as reasonable and likely as yours."

"Yes," replied the District Attorney, "three of the twelve jurors apparently agreed with you," which created a laugh, but Littell evidently was not in the humor for badinage and made no rejoinder, and we withdrew to my private office.

There we found Miles in waiting. We told him of the date fixed for the next trial, and Littell added that it might afford him opportunity to secure some additional evidence.

"Of what kind?" the detective asked.

"Any kind," he replied, "that will throw doubt upon the State's case."

"Why not hunt for the real criminal?" Miles inquired.

"Do you think you can find him?" Littell asked.

"I can try," was the reply.

"Well," Littell said, "I am going away and will not return for a time, so you and Dallas can have a free hand in the meantime to follow your own course, but for myself I don't think you will accomplish much on that line."

The detective made no answer, and I inquired of Littell when he thought of going and learning it would probably be the next day, suggested he dine with me at the club that evening, and added, as the idea occurred to me: "I will ask Davis and Van Bult too. We would all like to see something of you before you go."

He accepted the invitation, and as he prepared to leave us looked towards Miles, but the latter had his back to us, and was absently turning over the pages of a book on the table.

After Littell was gone, I waited for Miles to make known the business that had brought him, but he remained absorbed in a brown study.