The Night-Born Part 9

Again he was interrupted.

"We do not care to publish any magazines here," Judge Witberg roared, looking at him so fiercely and malevolently that Watson could scarcely bring himself to believe that this was same man he had studied a few minutes previously.

"Who struck the first blow?" Patsy's attorney asked.

The Prosecuting Attorney interposed, demanding to know which of the two cases lumped together was, and by what right Patsy's lawyer, at that stage of the proceedings, should take the witness. Patsy's attorney fought back. Judge Witberg interfered, professing no knowledge of any two cases being lumped together. All this had to be explained. Battle royal raged, terminating in both attorneys apologizing to the Court and to each other. And so it went, and to Watson it had the seeming of a group of pickpockets ruffling and bustling an honest man as they took his purse. The machine was working, that was all.

"Why did you enter this place of unsavory reputations?" was asked him.

"It has been my custom for many years, as a student of economics and sociology, to acquaint myself--"

But this was as far as Watson got.

"We want none of your ologies here," snarled Judge Witberg. "It is a plain question. Answer it plainly. Is it true or not true that you were drunk? That is the gist of the question."

When Watson attempted to tell how Patsy had injured his face in his attempts to bat with his head, Watson was openly scouted and flouted, and Judge Witberg again took him in hand.

"Are you aware of the solemnity of the oath you took to testify to nothing but the truth on this witness stand?" the Judge demanded. "This is a fairy story you are telling. It is not reasonable that a man would so injure himself, and continue to injure himself, by striking the soft and sensitive parts of his face against your head. You are a sensible man. It is unreasonable, is it not?"

"Men are unreasonable when they are angry," Watson answered meekly.

Then it was that Judge Witberg was deeply outraged and righteously wrathful.

"What right have you to say that?" he cried. "It is gratuitous. It has no bearing on the case. You are here as a witness, sir, of events that have transpired. The Court does not wish to hear any expressions of opinion from you at all."

"I but answered your question, your Honor," Watson protested humbly.

"You did nothing of the sort," was the next blast. "And let me warn you, sir, let me warn you, that you are laying yourself liable to contempt by such insolence. And I will have you know that we know how to observe the law and the rules of courtesy down here in this little courtroom. I am ashamed of you."

And, while the next punctilious legal wrangle between the attorneys interrupted his tale of what happened in the Vendome, Carter Watson, without bitterness, amused and at the same time sad, saw rise before him the machine, large and small, that dominated his country, the unpunished and shameless grafts of a thousand cities perpetrated by the spidery and vermin-like creatures of the machines. Here it was before him, a courtroom and a judge, bowed down in subservience by the machine to a dive-keeper who swung a string of votes. Petty and sordid as it was, it was one face of the many-faced machine that loomed colossally, in every city and state, in a thousand guises overshadowing the land.

A familiar phrase rang in his ears: "It is to laugh." At the height of the wrangle, he giggled, once, aloud, and earned a sullen frown from Judge Witberg. Worse, a myriad times, he decided, were these bullying lawyers and this bullying judge then the bucko mates in first quality h.e.l.l-s.h.i.+ps, who not only did their own bullying but protected themselves as well. These petty rapscallions, on the other hand, sought protection behind the majesty of the law. They struck, but no one was permitted to strike back, for behind them were the prison cells and the clubs of the stupid policemen--paid and professional fighters and beaters-up of men. Yet he was not bitter. The grossness and the sliminess of it was forgotten in the simple grotesqueness of it, and he had the saving sense of humor.

Nevertheless, hectored and heckled though he was, he managed in the end to give a simple, straightforward version of the affair, and, despite a belligerent cross-examination, his story was not shaken in any particular. Quite different it was from the perjuries that had shouted aloud from the perjuries of Patsy and his two witnesses.

Both Patsy's attorney and the Prosecuting Attorney rested their cases, letting everything go before the Court without argument. Watson protested against this, but was silenced when the Prosecuting Attorney told him that Public Prosecutor and knew his business.

"Patrick Horan has testified that he was in danger of his life and that he was compelled to defend himself," Judge Witberg's verdict began. "Mr.

Watson has testified to the same thing. Each has sworn that the other struck the first blow; each has sworn that the other made an unprovoked a.s.sault on him. It is an axiom of the law that the defendant should be given the benefit of the doubt. A very reasonable doubt exists.

Therefore, in the case of the People Versus Carter Watson the benefit of the doubt is given to said Carter Watson and he is herewith ordered discharged from custody. The same reasoning applies to the case of the People Versus Patrick Horan. He is given the benefit of the doubt and discharged from custody. My recommendation is that both defendants shake hands and make up."

In the afternoon papers the first headline that caught Watson's eye was: "CARTER WATSON ACQUITTED." In the second paper it was: "CARTER WATSON ESCAPES A FINE." But what capped everything was the one beginning: "CARTER WATSON A GOOD FELLOW." In the text he read how Judge Witberg had advised both fighters to shake hands, which they promptly did. Further, he read:

"'Let's have a nip on it,' said Patsy Horan.

"'Sure,' said Carter Watson.

"And, arm in arm, they ambled for the nearest saloon."

IV

Now, from the whole adventure, Watson carried away no bitterness. It was a social experience of a new order, and it led to the writing of another book, which he ent.i.tled, "POLICE COURT PROCEDURE: A Tentative a.n.a.lysis."

One summer morning a year later, on his ranch, he left his horse and himself clambered on through a miniature canyon to inspect some rock ferns he had planted the previous winter. Emerging from the upper end of the canyon, he came out on one of his flower-spangled meadows, a delightful isolated spot, screened from the world by low hills and clumps of trees. And here he found a man, evidently on a stroll from the summer hotel down at the little town a mile away. They met face to face and the recognition was mutual. It was Judge Witberg. Also, it was a clear case of trespa.s.s, for Watson had trespa.s.s signs upon his boundaries, though he never enforced them.

Judge Witberg held out his hand, which Watson refused to see.

"Politics is a dirty trade, isn't it, Judge?" he remarked. "Oh, yes, I see your hand, but I don't care to take it. The papers said I shook hands with Patsy Horan after the trial. You know I did not, but let me tell you that I'd a thousand times rather shake hands with him and his vile following of curs, than with you."

Judge Witberg was painfully fl.u.s.tered, and as he hemmed and hawed and essayed to speak, Watson, looking at him, was struck by a sudden whim, and he determined on a grim and facetious antic.

"I should scarcely expect any animus from a man of your acquirements and knowledge of the world," the Judge was saying.

"Animus?" Watson replied. "Certainly not. I haven't such a thing in my nature. And to prove it, let me show you something curious, something you have never seen before." Casting about him, Watson picked up a rough stone the size of his fist. "See this. Watch me."

So saying, Carter Watson tapped himself a sharp blow on the cheek. The stone laid the flesh open to the bone and the blood spurted forth.

"The stone was too sharp," he announced to the astounded police judge, who thought he had gone mad.

"I must bruise it a trifle. There is nothing like being realistic in such matters."

Whereupon Carter Watson found a smooth stone and with it pounded his cheek nicely several times.

"Ah," he cooed. "That will turn beautifully green and black in a few hours. It will be most convincing."

"You are insane," Judge Witberg quavered.

"Don't use such vile language to me," said Watson. "You see my bruised and bleeding face? You did that, with that right hand of yours. You hit me twice--biff, biff. It is a brutal and unprovoked a.s.sault. I am in danger of my life. I must protect myself."

Judge Witberg backed away in alarm before the menacing fists of the other.

"If you strike me I'll have you arrested," Judge Witberg threatened.

"That is what I told Patsy," was the answer. "And do you know what he did when I told him that?"

"No."

"That!"

And at the same moment Watson's right fist landed flush on Judge Witberg's nose, putting that legal gentleman over on his back on the gra.s.s.

"Get up!" commanded Watson. "If you are a gentleman, get up--that's what Patsy told me, you know."

Judge Witberg declined to rise, and was dragged to his feet by the coat-collar, only to have one eye blacked and be put on his back again.

After that it was a red Indian ma.s.sacre. Judge Witberg was humanely and scientifically beaten up. His checks were boxed, his cars cuffed, and his face was rubbed in the turf. And all the time Watson exposited the way Patsy Horan had done it. Occasionally, and very carefully, the facetious sociologist administered a real bruising blow. Once, dragging the poor Judge to his feet, he deliberately b.u.mped his own nose on the gentleman's head. The nose promptly bled.

"See that!" cried Watson, stepping back and deftly shedding his blood all down his own s.h.i.+rt front. "You did it. With your fist you did it. It is awful. I am fair murdered. I must again defend myself."

And once more Judge Witberg impacted his features on a fist and was sent to gra.s.s.