The Tempering Part 14

CHAPTER XII

During those following months, when Asa Gregory lay in jail, first in Frankfort, then in Louisville, as a prisoner of state, who had been denied bail, the boy back in the laurel-mantled hills smouldered with pa.s.sionate resentment for what he believed to be a monstrous injustice.

In his quest of education he sought refuge from the bitter brooding that had begun to mar his young features with its stamp of sullenness. Asa had killed men before, but it had been in that feud warfare which was sanctioned by his own conscience. Now he stood charged with a murder done for hire, the mercenary taking off of a man for whom he had no enmity save that of the abstract and political. Upon his kinsman's innocence the boy would have staked his life, and yet he must look helplessly on and see him thrown to the lions of public indignation.

Of Saul, he hardly thought at all. Saul was small-fry. The Commonwealth would treat him as such, but upon Asa it would wreak a surcharged anger, because to send Asa Gregory to the gallows would be to establish a direct link between the Governor who had pardoned him and mountain murder-l.u.s.t.

Already the Secretary of State had been disposed of with a prompt.i.tude which, his friends a.s.serted, savoured rather of the wolf pack than the courtroom. The verdict had been guilty, and his case was now pending on a motion for rehearing.

Already, too, a stenographer, who had been in the employ of the fugitive Governor, had been given a life sentence and had preferred accepting it without appeal to risking the graver alternative of the gallows.

As he lay in jail waiting until the slow grind of the law-mill should bring him into its hopper, Asa too recognized the extreme tenuousness of his chances.

But it was not until the wheat had been harvested and threshed in the rich bluegra.s.s fields that the session of court was called to order, whose docket held for Asa Gregory the question of life and death.

That trial was to be at Georgetown, a graciously lying town about whose borders stretched estates, where a few acres were worth as much as a whole farm in the ragged and meagre hills. It was a town of kindly people, but just now of very indignant people, blinded by an unbalanced anger. It was not a hopeful place for a mountaineer with a notched gun who stood taxed with the murder from ambush of a governor.

Over the door of the brick court house stood an image of the blindfolded G.o.ddess. She was a weather-worn deity, corroded out of all resemblance to the spirit of eternal youthfulness which she should have exemplified, and Boone pressed his lips tight, as he entered with McCalloway, and noted that the scales which she held aloft were broken, but that the sword in the other hand was intact--and unsheathed.

At the stair head, in precaution against the electrically charged tension of the air, deputies pa.s.sed outspread hands over the pockets and hips of each man who entered, in search for concealed weapons. About the semicircular table, fronting the bench and the prisoner's dock, sat the men of the press, sharpening their pencils and--waiting.

Under the faded portrait of Chief Justice Marshall a battery of windows let in the summer sun and the mellow voice of a distant negro, raised somewhere in a camp-meeting song.

Across a narrow alleyway were other windows in another building, and beyond them operators sat idling by newly installed telegraph keys.

These men had no interest in the routine of the "running story." That was a matter to be handled by the regular telegraph offices. These newly strung wires would be dedicated to a single "flash"--when the climax came. Then the reporters would no longer be sitting at their crescent-shaped table. A few of them would stand framed in those courtroom windows under the portrait of Chief Justice Marshall, and as the words fell from the lips that held doom, their hands would rise, with one, two, three, or four fingers extended, as the case might warrant. In response to that prearranged signal, the special operators would open their keys and--if one finger had been shown--over their lines would run the single but sufficient word "death." Two fingers would mean "life imprisonment"; three, "acquittal"; four would indicate a "hung-jury." That time was still presumably far off, but the arrangement for it was complete.

In a matter of seconds after that grim pantomime occurred, foremen of printing crews standing by triple-decked presses in Louisville, in Cincinnati--in many other towns as well--would reach down and lift from the floor one of the several type metal forms prepared in advance to cover each possible exigency. A switch would be flipped. Back to the hot slag of the melting pots would go the other half-cylinders, and within three minutes papers, damp with ink and news, would be pouring from the maws of the presses into the hands of waiting boys.

To Boone these preparations were not yet comprehensible, but as McCalloway led him to a seat far forward he felt the tense atmosphere of place and moment.

He recognized, in those lines of opposing counsel, an array of notability. He picked out, with a glare of hatred, the bearded man whom the prosecution had brought as co-counsel, from another State, because of his great repute as a breaker-down of witnesses under cross-examination. Then his eyes lighted, as down the aisle came the full figure of Colonel Tom Wallifarro--to take its place among the attorneys for the defence. There was rea.s.surance in his calmness and unexcited dignity.

And after interminable preliminaries, he heard the voice of the clerk droning from his docket, "The Commonwealth of Kentucky, against Asa Gregory; wilful murder," and after yet other delays the velvety direction from the bench, "Mr. Sheriff, bring the prisoner into court."

Asa's face, as he was led through the side door, was less bronzed than formerly, but his carriage was no less erect or confident. In a new suit of dark colour, with fresh linen instead of his hickory shirt, clean shaven and immaculately combed, the defendant was a transformed person, and if there remained any semblance of the highland desperado, it was to be found only in the catlike softness of his tread and the falcon alertness of his fine eyes. Pencils at the press table began their light scratching chorus--the reporters were writing their description of the accused.

Asa Gregory's line of defence had been foreshadowed in the examining court. He had sworn that he arrived on the day of the shooting to pet.i.tion a pardon, and he had known nothing of what was in the air until, from street talk, he learned of the tragedy.

The chief issue of fact pivoted on his testimony that on that day he had not been near the state house or executive building. The Commonwealth would contradict that claim with the counter a.s.sertion that, straight as a hiving bee, Asa had hastened from the train to the Governor's official headquarters, where he had been cold-bloodedly rehea.r.s.ed in his grim duties. After firing the shot, the prosecution would contend he had taken command of the other mountaineers who refused to the police the privilege of entry and search.

Through days, weeks even, after that, Boone sat, always in the same place, with steadfast confidence in the eyes which he bent upon his kinsman.

Into the press dispatches began to steal mention of a boy in a cheap but new suit of store clothes, whose eyes held those of the prisoner with a rapt and unwavering constancy. It was even said that the amazingly steady courage of the defendant seemed at times of unusual stress to lean on that supporting confidence, and that whenever they brought him from jail to courtroom, he looked first of all for the boy, as a pilot might look for a reef-light.

Shortly before the Commonwealth was ready to close, rumours went abroad.

It was hinted that new and sensational witnesses would take the stand, with revelations as spectacular as the climax of a melodrama.

Boone had followed the evidence with a tense absorption. He had marked the effect of each point; the success or failure of every blow, and he realized what a powerful web was being woven about the man in whom he fully believed. There was no escaping the c.u.mulative and strengthening effect of circ.u.mstance built upon circ.u.mstance.

He recognized, too, how like a keystone in an arch was the dependence of the State upon proving one thing: that Asa had been present, just after the shooting, and in command of those who barred the doors of the executive building against legitimate search. He took comfort in the fact that so far it had not been established by one sure piece of evidence. Then came the last of the Commonwealth's announced witnesses.

Upon the faces of the attorneys for the prisoner quivered a dubious expression of apprehension--as they waited the promised a.s.sault of the masked batteries. The son of the man who had walked at Senator Goebel's side, when he fell, took the stand and told with straightforward directness the story of the five minutes after the shot had sounded. He and a policeman had sought entrance to the building, which presumably harboured the a.s.sa.s.sin--and mountain men had halted him at the door, under the leadership of one to whom the rest deferred. He described that commander with fulness of detail, and it was as if he were painting in words a portrait of the man in the prisoner's dock.

"I was there as a volunteer--to see that no one who might be guilty escaped from the building," testified the witness with convincing candour. "I noticed one man in particular--because he seemed to be the unofficial leader of the rest. Some one called him Asa."

The man's voice was responsibly, almost hesitantly, grave, and on the faces in the jury box one could read the telling impression of his words.

Then the bearded attorney, whose fame was secure as a heckler of witnesses, rose dramatically from his chair.

"Do you see that man in the courtroom now?"

For a matter of seconds testifier and prisoner gazed with level directness into each other's eyes, while over the crowded courtroom hung a tense pall of stillness.

Then the witness spoke in a tone of bewilderment--his words coming slowly--as though they surprised himself.

"No. I don't think I see him here."

The poised figure of the lawyer, drawn statuesquely upright, winced as painfully as though a trusted hand had smitten him, and in his abrupt change of expression was betrayal of dismay and chagrin.

"You say--you can't--identify him!" he echoed incredulously.

Stubbornly the man who was testifying shook his head.

"May I explain in my own way?" he inquired, and as the lawyer barked raspingly back at him, the Court intervened:

"This is your own witness--You must understand the impropriety of attempting to force him."

"While I was looking at the defendant there, just now," went on the man in the chair, "I was seeing only his side face, and I was positive that he was the person I was describing. Feature for feature and line for line ... the likeness seemed exact. I was willing to swear to it.... But when he turned and faced me ... I saw something else ... and now I don't think he _is_ the man."

The words came in a puzzled and dumfounded confession, and the witness paused, then went resolutely on again: "This man has a fine pair of clear and well-matched eyes, when one sees them both at once.... That one at the door had something ... I can't say just what it was ... that marred one eye. I shouldn't call it a cast exactly ... but they didn't match."

Abruptly the State dismissed that witness, and about the defence tables went quiet but triumphant smiles--which the jury did not miss, as the pencils of the press writers raced. But over Boone Wellver's face pa.s.sed a shadow, and Asa, catching his eye across the heads of the crowd, read the motion of the boy's moving lips, as, without sound, they shaped the words, "Keep cool now, Asa! Keep cool."

CHAPTER XIII

The prosecution had other trumps yet to play. It called a name, which brought into the courtroom, with shambling and uncertain step, a man whose face was pasty with prison pallour. His thin body was garbed in the zebra-stripes of the penitentiary's livery, and the hand that he raised to take oath trembled. His voice, too, carried a quaver of weakness in its first syllable.

Here at length was the promised sensation. The stenographer who had accepted his life-term had become star witness for the State. Now, enlisted from the ranks of the accused, he had undertaken to tell what purported to be the inside story of the plot.

To hear his words, one had to bend attentively, yet, when he had talked for an hour, the scratching of pencils at the press table sounded, through his pauses, almost clamorous, and there was no other sound.