The Tempering Part 15

Boone sat, tight of muscle, with his eyes steadfastly fixed on Asa. He thought that just now he was needed, but at the pit of his stomach gnawed a sickness of dread, and it seemed to him that already he could see the gallows rising from its ugly platform.

The bearded lawyer who had once battered down this man's own defence now stood before him, shepherding his words on toward their climax. Faint response followed sharp interrogation with a deadly effectiveness.

"When did you first meet the defendant--Asa Gregory?"

"On the thirtieth of January--in the forenoon."

"Where?"

"At my office in the state house."

"Did your office adjoin that of the Secretary of State?"

"It did."

"What occurred at that time and place?"

"Mr. Gregory rapped.... I let him in.... He handed me a letter from the Governor, and we went into the Secretary's room.... Then he went over to the window and looked out--and drew the blind part of the way down. For a while he just studied the room ... taking in its details."

The man in convict garb paused and fell into a fit of broken coughing.

"Did you have any conversation with him?"

"I did, sir."

"What was it, in substance?"

"I explained to him that the plan was to kill Senator Goebel, when he came to the senate that morning. I showed him two rifles in the corner.... They were of different makes."

"What did he do then?"

"He had me explain the way to get to the bas.e.m.e.nt. He kneeled down by the window and sighted one of the guns.... He piled up several law books to rest it on ... and then he said that he was ready...."

McCalloway's teeth were tight-clamped as he listened.

"Yes, go on."

"He said he had come to get a pardon for 'blowing down old man Carr'--and was ready to give back favour for favour. Presently I saw Senator Goebel turning in at the gate, and I said, 'That's him,' and he said, 'I see him,' and I turned and slipped out of the room. As I was on the stairs, I heard a rifle shot--and then several pistol shots."

Boone Wellver groaned, and the current of his arteries seemed to run in icy trickles through his body, but he kept his eyes steadfastly fixed on Asa, whose life, he felt sure, this man was swearing away in perjury.

Asa gazed back. He even inclined his head with just the ghost of a nod, and the boy knew that he meant that for encouragement.

Through hours of that day the ghastly story unwound itself, and its tremendous impact, gaining rather than losing impressiveness from the faltering style of its telling, left the defence staggered and numbed.

McCalloway, glancing down at the boy's drawn face, felt his own heart sicken.

But when at last the man with the gray face and the gray, striped livery had gone, the Commonwealth's attorney rose and said in the full-throated voice of master of the show, "Now, we will call Saul Fulton."

Saul, who had been indicted but never tried! Saul, too, had taken the enemy's pay! Neither McCalloway nor Boone doubted that all this drama of alleged revelation was fathered in falsity out of the reward fund and its workings, yet one realized out of mature experience, and the other out of instinct, that to the jury it must all seem irrefutable demonstration.

In marked contrast with the sorry drabness of that last witness was the swagger of the next, who came twirling his moustache with the gusto of pure bravado.

Saul went back of the other's story and ramified its details. He told of the mountain army which he had helped to recruit, and swore that that force had come with a full understanding of its mission.

"We went to ther legislature every day, expectin' trouble," he declared, with a full-voiced boastfulness. "And we were ready to weed out the Democratic leaders when it started."

"To what purpose was all that planned?" purred the examining lawyer, and the response capped it with prompt a.s.surance:

"The object was to have a Republican majority before we got through shooting."

"And you were willing to do your part?"

Virtuously boomed the reply: "If it was in fair battle, I was willin', yes, sir."

Saul particularized. He recounted that he had himself nominated Asa as a dependable gun-fighter, and that on the day of the tragedy he had met Asa on the streets of Frankfort. Asa, he a.s.serted, had brazenly displayed a pocketful of cartridges.

"He said to me," proceeded the witness; "'Them ca'tridges comes out of a lot thet's done made hist'ry. Whenever I looks over ther sights of a rifle-gun, I gits me either money or meat, an' this time I've done got me both.'"

Boone Wellver had been leaning tensely forward in his seat as he listened. Here at last, to his own knowledge, the words that were cementing his kinsman's doom were utterly and viciously false. He had been a witness to that meeting, and it had been Saul and not Asa who had seen danger in the possession of cartridges. It had been Saul, too, who had excitedly instructed him to destroy the evidence.

But Saul continued glibly: "Asa had done named ter me, back thar in ther mountains, thet he reckoned him an' ther Governor could swap favours. So when we met up that day in Frankfort, he said, 'Me an' ther Big Man, we got tergether an' done a leetle business.'"

The courtroom was tensely, electrically silent, when a boy rose out of his chair, and with the suddenness of a bursting sh.e.l.l shrilled out in defiance:

"Thet's a d.a.m.n lie, Saul, an' ye knows. .h.i.t! I was right thar an--!" The instant clatter of the Judge's gavel and the staccato outbreak of the Judge's voice interrupted the interruption. "Silence! Mr. Sheriff, bring that disturber before the Court."

Still trembling with white-hot indignation, Boone was led forward with the sheriff's hand on his shoulder, until he stood under the stern questioning of eyes looking down from the bench.

But instantly, too, Colonel Wallifarro's smoothly controlled voice was addressing the Court: "May it please your Honour, before you punish this boy I should like to offer a word or two of explanation."

So Boone did not go to jail, but, after a sharp reprimand, he was sworn as a witness for the defence, and excluded from the courtroom.

When he took the witness-stand later, it was with a recovered composure--and his straightforward story went far toward shaking the impression Saul had left behind him--yet not far enough.

He realized, with black chagrin, that as long as he had sat there steadfastly calm, he had been to Asa a tower of strength--but that when he had broken out he had forfeited that privilege--and left his kinsman unsuccoured.

At last the Commonwealth closed, and Asa himself came to the stand. Had he been possessed of a lawyer's experience he could hardly have evaded more skilfully the snares set in his path, as with imperturbable gallantry he met his skilled hecklers. The even calmness of his velvety eyes became a matter of newspaper report, and when he had finished his direct testimony and had been turned over to the enemy, the fashion in which he cared for himself also found its way into the news columns.

Asa kept before him the realization that he had been advertised as a "bad man" and an a.s.sa.s.sin. Just now he was intent upon impressing the jury with his urbane proof against exasperation, even when the invective of insinuation mounted to ferocity,

"You have known the witness, Saul Fulton, for years, have you not?"

demanded the cross-examiner.

"I've known him all my life."

"Can you state any motive he should have for offering malicious and false evidence against you?"

"Any reason for his lyin'?"

The prisoner gazed at the barking attorney with a calm seriousness and replied suavely: