By Advice of Counsel Part 23

Gathered in Judge Russell's courtroom were as many of the office a.s.sistants as could escape from their duties, anxious to officiate at the legal demise of Caput Magnus. Even the Honorable Peckham could not refrain from having business there at the call of the calendar. It resembled a regular monthly conference of the D.A.'s professional staff, which for some reason Tutt and Mr. Tutt had also been invited to attend.

Yea, the spectators were all there in the legal colosseum waiting eagerly to see Caput Magnus enter the arena to be gobbled up by Tutt & Tutt. They thirsted for his blood, having been for years bored by his brains. They would rather see Caput Magnus made mincemeat of than ninety-nine criminals convicted, even were they guilty of bigamy.

But as yet Caput Magnus was not there. It was ten-twenty-nine. The clerk was there; Mr. Higgleby, isosceles, flabby and acephalous as ever, was there; Tutt and Mr. Tutt were there; and Bonnie Doon, and the stenographer and the jury. And on the front bench the two wives of Higgleby sat, side by side, so frigidly that had that gentleman possessed the gift of prevision he would never have married either of them; Mrs. Tomascene Startup Higgleby and Mrs.--or Miss--Alvina Woodc.o.c.k (Higgleby)--depending upon the action of the jury. The entire cast in the eternal matrimonial triangular drama was there except the judge and the prosecutor in the form of Caput Magnus.

And then, preceding the judge by half a minute only, his entrance timed histrionically to the second, he came, like Eudoxia, like a flame out of the east. In swept Caput Magnus with all the dignity and grace of an Irving playing Cardinal Wolsey. Haggard, yes; pale, yes; tremulous, perhaps; but nevertheless glorious in a new cutaway coat, patent-leather shoes, green tie, a rosebud blushing from his lapel, his hair newly cut and laid down in beautiful little wavelets with pomatum, his figure erect, his chin in air, a book beneath his arm, his right hand waving in a delicate gesture of greeting; for Caput had taken O'Leary's suggestion seriously, and had purchased that widely known and authoritative work to which so many eminent barristers owe their entire success--"How to Try a Case"--and in it he had learned that in order to win the hearts of the jury one should make oneself beautiful.

"What in h.e.l.l's he done to himself?" gasped O'Leary to O'Brien.

"He'll make a wonderful corpse!" whispered the latter in response.

"Order in the court! His Honor the Judge of General Sessions!" bellowed an officer at this moment, and the judge came in.

Everybody got up. He bowed. Everybody bowed. Everybody sat down again.

A few, deeply affected, blew their noses. Then His Honor smiled genially and asked what business there was before the court, and the clerk told him that they were all there to try a man named Higgleby for bigamy, and the judge, nodding at Caput, said to go ahead and try him.

In the bottom of his peritoneum Mr. Magnus felt that he carried a cold stone the size of a grapefruit. His hands were ice, his lips bloodless.

And there was a Niagara where his hearing should have been. But he rose, just as the book told him to do, in all his beauty, and enunciated in the crystal tones he had learned during the last few weeks at Madam Winterbottom's school of acting and elocution--in syllables chiseled from the stone of eloquence by the lapidary of culture:

"If Your Honor please, I move the cause of the People of the state of New York against Theophilus Higgleby, indicted for bigamy."

Peckham and the rest couldn't believe their ears. It wasn't possible!

That perfect specimen of tonsorial and sartorial art, warbling like a legal Caruso, conducting himself so naturally, easily and casually, couldn't be old Caput Magnus! They pinched themselves.

"Say!" e.j.a.c.u.l.a.t.ed Peckham. "What's happened to him? When did Sir Henry sign up with us?"

Mr. Tutt across the inclosure in front of the jury box raised his bushy eyebrows and looked whimsically at the D. A. over his spectacles.

"Are you ready, Mr. Tutt?" inquired the judge.

"Entirely so, Your Honor," responded the lawyer.

"Then impanel a jury."

The jury was impaneled, Mr. Caput Magnus pa.s.sing through that trying ordeal with great eclat.

"You may proceed to open your case," directed the judge.

The staff saw a very white Caput Magnus rise and bow in the direction of the bench. Then he stepped to the jury box and cleared his throat. His official a.s.sociates held their breath expectantly. Would he--or wouldn't he? There was a pause.

Then: "Mister Foreman and gentlemen of the jury," declaimed Caput in flutelike tones: "The defendant is indicted for the crime of bigamy, an offense alike repugnant to religion, civilization and to the law."

The words flowed from him like a rippling sunlit stream; encircled him like a necklace of verbal jewels, a rosary, each word a pearl or a bead or whatever it is. With perfect articulation, enunciation and gesticulation Mr. Caput Magnus went on to inform his hearers that Mr.

Higgleby was a bigamist of the deepest dye, that he had feloniously, wilfully and knowingly married two several females, and by every standard of conduct was utterly and entirely detestable.

Mr. Higgleby, flanked by Tutt and Mr. Tutt, listened calmly. Caput warmed to his task.

The said Higgleby, said he, had as aforesaid in the indictment committed the act of bigamy, to wit, of marriage when he had one legal wife already, in New York City on the seventeenth of last December, by marrying in Grace Church Chantry the lady whom they saw sitting by the other lady--he meant the one with the red feather in her bonnet--that is to say, her hat, whereas the other lady, as he had said aforesaid, had been lawfully and properly married to the defendant the preceding May, to wit, in Chicago as aforesaid--

"Pardon me!" interrupted the foreman petulantly. "Which is the lady you mean was married to the defendant in New York? You said she was sitting by the other lady and that you meant the one with the red feather, but you didn't say whether the one with the red feather was the other lady or the one you were talking about."

Caput gagged and turned pink.

"I--I--" he stammered. "The lady in the red bonnet is--the--New York lady."

"You mean she isn't his wife although the defendant went through the form of marriage with her, because he was already married to another,"

suggested His Honor. "You might, I think, put things a little more simply. However, do it your own way."

"Ye-es, Your Honor."

"Go on."

But Caput was lost--hopelessly. Every vestige of the composure so laboriously acquired at Madam Winterbottom's salon had evaporated. He felt as if he were swinging in midair hitched to a scudding aeroplane by a rope about his middle. The mucous membranes of his throat were as dry and as full of dust as the entrails of a carpet sweeper. His vision was blurred and he had no control over his muscles. Weakly he leaned against the table in front of the jury, the room swaying about him. The pains of h.e.l.l gat hold upon him. He was dying. Even the staff felt compunction--all but the Honorable Peckham.

Judge Russell quickly sensed the situation. He was a kindly man, who had pulled many an a.s.s out of the mire of confusion. So with a glance at Mr. Tutt he came to Caput's rescue.

"Let us see, Mr. Magnus," he remarked pleasantly; "suppose you prove the Illinois marriage first. Is Mrs. Higgleby in court?"

Both ladies started from their seats.

"Mrs. Tomascene Higgleby," corrected His Honor. "Step this way, please, madam!"

The former Miss Startup made her way diffidently to the witness chair and in a faint voice answered the questions relative to her marriage of the preceding spring as put to her by the judge. Mr. Tutt waved her aside and Caput Magnus felt returning strength. He had expected and prepared for a highly technical a.s.sault upon the legality of the ceremony performed in Cook County. He had antic.i.p.ated every variety and form of question. But Mr. Tutt put none. He merely smiled benignly upon Caput in an avuncular fashion.

"Have you no questions, Mr. Tutt?" inquired His Honor.

"None," answered the lawyer.

"Then prove the bigamous marriage," directed Judge Russell.

Then rose at the call of justice, militantly and with a curious air of proprietorship in the overmarried defendant, the wife or maiden who in earlier days had answered to the name of Alvina Woodc.o.c.k. Though she was the injured party and though the blame for her unfortunate state rested entirely upon Higgleby, her resentment seemed less directed toward the offending male than toward the Chicago lady who was his lawful wife.

There was no question as to the circ.u.mstances to which she so definitely and aggressively testified. No one could gainsay the deplorable fact that she had, as she supposed, been linked in lawful wedlock to Mr.

Tutt's isosceles client. But there was that in her manner which suggested that she felt that being the last she should be first, that finding was keeping, and that possession was nine points of matrimonial law.

And, as before, Mr. Tutt said nothing. Neither he nor Tutt nor Bonnie Doon nor yet Higgleby showed any the least sign of concern. Caput's momentarily returning self-possession forsook him. What portended his ominous silence? Had he made some horrible mistake? Had he overlooked some important jurisdictional fact? Was he now to be hoist for some unknown reason by his own petard? He was, poor innocent--he was!

"That is the case," he announced faintly. "The People rest."

Judge Russell looked down curiously at Mr. Tutt.

"Well," he remarked, "how about it, Mr. Tutt?"

But the old lawyer only smiled.

"Come here a minute," directed His Honor.

And when Mr. Tutt reached the bench the judge said: "Have you any defense in this case? If not, why don't you plead guilty and let me dispose of the matter?"

"But, Your Honor," protested Mr. Tutt, "of course I have a defense--and a most excellent one!"