By Advice of Counsel Part 18

But on the steps he stopped and looked back affectionately at the library window.

"After all, Althea's a good sport!" he remarked to himself.

At or about the same moment a quite dissimilar conference was being held between Judge Babson and a.s.sistant District Attorney O'Brien in the cafe of the Pa.s.samaquoddy Club.

"She'll cave!" declared O'Brien, draining his gla.s.s. "Holy Mike! No woman like her is going to stay in jail! Besides, if you don't commit her everybody will say that you were scared to--yielded to influence.

You're in the right and it will be a big card for you to show that you aren't afraid of anybody!"

Babson pulled nervously on his cigar.

"Maybe that's so," he said, "but I don't much fancy an appellate court sustaining me on the law and at the same time roasting h.e.l.l out of me as a man!"

"Oh, they won't do that!" protested O'Brien. "How could they? All they're interested in is the law!"

"I've known those fellows to do queer things sometimes," answered the learned judge. "And the Beekmans are pretty powerful people."

"Well, so are the McGurks!" warned O'Brien.

"Now, Miss Beekman," said Judge Babson most genially the next morning, after that lady had taken her seat in the witness chair and the jury had answered to their names, "I hope you feel differently to-day about giving your testimony. Don't you think that after all it would be more fitting if you answered the question?"

Miss Althea firmly compressed her lips.

"At least let me read you some of the law on the subject," continued His Honor patiently. "Originally many people, like yourself, had the mistaken idea that what they called their honor should be allowed to intervene between them and their duty. And even the courts sometimes so held. But that was long ago--in the sixteenth and seventeenth centuries. To-day the law wisely recognizes no such thing. Let me read you what Baron Hotham said, in Hill's Trial in 1777, respecting the testimony of a witness who very properly told the court what the accused had said to him. It is very clearly put:

"'The defendant certainly thought him his friend, and he'--the defendant--'therefore did disclose all this to him. Gentlemen, one has only to say further that if this point of honor was to be so sacred as that a man who comes by knowledge of this sort from an offender was not to be at liberty to disclose it the most atrocious criminals would every day escape punishment; and therefore it is that the wisdom of the law knows nothing of that point of honor.'"

Miss Beekman listened politely.

"I am sorry," she replied with dignity. "I shall not change my mind. I refuse to answer the question, and--and you can do whatever you like with me."

"Do you understand that you are in contempt of this court? Do you intend to show contempt for this court?" he demanded wrathfully.

"I do," answered Miss Althea. "I have contempt for this court."

A t.i.tter danced along the benches and some fool in the back of the room clapped his hands.

Judge Babson's face grew hard and his eyes narrowed to steel points.

"The witness stands committed for contempt," he announced bitingly. "I direct that she be confined in the city prison for thirty days and pay a fine of two hundred and fifty dollars. Madam, you will go with the officer."

Miss Althea rose while the ghost of the Signer encircled her with his arm.

Mr. Tutt was already upon his feet. He knew that the ghost of the Signer was there.

"May I ask the court if the witness, having been committed for the contemptuous conduct of which she is obviously guilty, may remain in your chambers until adjournment, in order that she may arrange her private affairs?"

"I will grant her that privilege," agreed Judge Babson with internal relief. "The request is quite reasonable. Captain Phelan, you may take the witness into my robing room and keep her there for the present."

With her small head erect, her narrow shoulders thrown back, and with a resolute step as befitted the descendant of a long line of ancestors Miss Althea pa.s.sed behind the jury box and disappeared.

The twelve looked at one another dubiously. Both Babson and O'Brien seemed nervous and undecided.

"Well, call your next witness," remarked the judge finally.

"But I haven't any more witnesses!" growled O'Brien. "And you know it almighty well, you idiot!" he muttered under his breath.

"If that is the people's case I move for the defendant's immediate discharge," cried Mr. Tutt, jumping to his feet. "There is no evidence connecting him with the crime."

McGurk, furious, sprang toward the bar.

"See here! Wait a minute! Hold on, judge! I can get a hundred witnesses--"

"Sit down!" shouted one of the officers, thrusting him back. "Keep quiet!"

Babson looked at O'Brien and elevated his forehead. Then as...o...b..ien gave a shrug the judge turned to the expectant jury and said in apologetic tones:

"Gentlemen of the jury, where the people have failed to prove the defendant's guilt beyond a reasonable doubt it is the duty of the court to direct a verdict. In this case, though by inference the testimony points strongly toward the prisoner, there is no direct proof against him and I am accordingly constrained--much as I regret it--to instruct you to return a verdict of not guilty."

In the confusion which followed the rendition of the verdict a messenger entered breathlessly and forcing his way through the crowd delivered a folded paper to Mr. Tutt, who immediately rose and handed it to the clerk; and that official, having hurriedly perused it and pursed his lips in surprise, pa.s.sed it over the top of the bench to the judge.

"What's this?" demanded Babson. "Don't bother me now with trifles!"

"But it's a writ of habeas corpus, Your Honor, signed by Judge Winthrop, requiring the warden to produce Miss Beekman in Part I of the Supreme Court, and returnable forthwith," whispered Mr. McGuire in an awe-stricken voice. "I can't disregard that, you know!"

"What!" cried Babson. "How on earth could he have issued a writ in this s.p.a.ce of time? The thing's impossible!"

"If Your Honor please," urbanely explained Mr. Tutt, "as--having known Miss Beekman's father--I antic.i.p.ated that the witness would pursue the course of conduct which, in fact, she has, I prepared the necessary papers early this morning and as soon as you ordered her into custody my partner, who was waiting in Judge Winthrop's chambers, presented them to His Honor, secured his signature and brought the writ here in a taxicab."

n.o.body seemed to be any longer interested in O'Connell. The reporters had left their places and pushed their way into the inclosure before the dais. In the rear of the room O'Brien was vainly engaged in trying to placate the Pearl b.u.t.ton Kids, who were loudly swearing vengeance upon both him and Peckham. It was a scene as nearly turbulent as the old yellow clock had ever witnessed. Even the court officers abandoned any effort to maintain order and joined the excited group about Mr. Tutt before the bench.

"Does Your Honor desire that this matter be argued before the Supreme Court?" inquired Mr. Tutt suavely. "If so I will ask that the prisoner be paroled in my custody. Judge Winthrop is waiting."

Babson had turned pale. Facing a dozen newspapermen, pencils in hand, he quailed. To h.e.l.l with "face." Why, if he went on any longer with the farce the papers would roast the life out of him. With an apology for a smile that was, in fact, a ghastly grin, he addressed himself to the waiting group of jurymen, lawyers and reporters.

"Of course, gentlemen," he said, "I never had any real intention of dealing harshly with Miss Beekman. Undoubtedly she acted quite honestly and according to her best lights. She is a very estimable member of society. It will be unnecessary, Mr. Tutt, for you to argue the writ before Judge Winthrop. The relator, Althea Beekman, is discharged."

"Thank you, Your Honor!" returned Mr. Tutt, bowing profoundly, and lowering an eyelid in the direction of the gentlemen of the press. "You are indeed a wise and upright judge!"

The wise and upright judge rose grandly and gathered his robes about the judicial legs.

"Good morning, gentlemen," he remarked from his alt.i.tude to the reporters.

"Good morning, judge," they replied in chorus. "May we say anything about the writ?"

Judge Babson paused momentarily in his flight.