bet,” whispered back his neighbor—it was Aunt Tilly's oldest son, Fayette, Junior—“it's like Maw says—time's come to teach them murderin' Kintuckians they can't be a-comin' down here a-killin' up people and not pay for it. I reckon, Mr. Lukins,” added Fayette, Junior, with a wriggle of pleased anticipation, “we shore are goin' to see some carryin's-on in this cotehouse today.”
Mr. Lukins' reply was lost to history because just then the judge entered—an elderly, kindly-looking man—from his chambers in the rear, with the circuit-court clerk right behind him bearing large leather-clad books and sheaves of foolscap paper. Their coming made a bustle. Aunt Tilly squared herself forward, scrooging Uncle Fayette yet farther into the eclipse of her shapeless figure. The prisoner raised his head and eyed his judge. His wife looked only at the interlaced, weaving fingers in her lap.
The formalities of the opening of a term of court were mighty soon over; there was everywhere manifest a haste to get at the big thing. The clerk called the case of the Commonwealth versus Tandy. Both sides were ready. Through the local lawyer, delegated for these smaller purposes, the accused man pleaded not guilty. The clerk spun the jury wheel, which was a painted wooden drum on a creaking wooden axle, and drew forth a slip of paper with the name of a talesman written upon it and read aloud:
“Isom W. Tolliver.”
In an hour the jury was complete: two townsmen, a clerk and a telegraph operator, and ten men from the country—farmers mainly and one blacksmith and one horse-trader. Three of the panel who owned up frankly to a fixed bias had been let go by consent of both sides. Three more were sure they could give the defendant a fair trial, but those three the local lawyer had challenged peremptorily. The others were accepted as they came. The foreman was a brownskinned, sparrowhawk-looking old man, with a smoldering brown eye. He had spare, knotted hands, like talons, and the right one was marred and twisted, with a sprayed bluish scar in the midst of the crippled knuckles like the mark of an old gunshot wound. Juror No. 4 was a stodgy old man, a small planter from the back part of the county, who fanned himself steadily with a brown-varnished straw hat. No. 7 was even older, a white-whiskered patriarch on crutches. The twelfth juryman was the oldest of the twelve—he looked to be almost seventy, but he went into the box after he had sworn that his sight and hearing and general health were good and that he still could do his ten hours a day at his blacksmith shop. This juryman chewed tobacco without pause. Twice after he took his seat at the bade end of the double line he tried for a wooden cuspidor ten feet away. Both were creditable attempts, but he missed each time. Seeing the look of gathering distress in his eyes the sheriff brought the cuspidor nearer, and thereafter No. 12 was content, chewing steadily like some bearded contemplative ruminant and listening attentively to the evidence, meanwhile scratching a very wiry head of whity-red hair with a thumbnail that through some injury had taken on the appearance of a very thick, very black Brazil nut. This scratching made a raspy, filing sound that after a while got on Congressman Durham's nerves.
It was late in the afternoon when the prosecution rested its case and court adjourned until the following morning. The state's attorney had not had so very much evidence to offer, really—the testimony of one who heard the single shot and ran in at Rankin's door to find Rankin upon the floor, about dead, with a pistol, unfired, in his hand and Tandy standing against the wall with a pistol, fired, in his; the constable to whom Tandy surrendered; the physician who examined the body; the persons who knew of the quarrel between Tandy and Rankin growing out of a land deal into which they had gone partners—not much, but enough for Gilliam's purposes. Once in the midst of examining a witness the state's attorney, seemingly by accident, let his look fall upon the two black-robed, silent figures at his side, and as though overcome by the sudden realization of a great grief, he faltered and stopped dead and sank down. It was an old trick, but well done, and a little humming murmur like a breeze coming through treetops swept the audience.
Durham was sick in his soul as he came away.
In his mind there stood the picture of a little, scared woman's drawn, drenched face. She had started crying before the last juror was chosen and thereafter all day, at half-minute intervals, the big, hard sobs racked her. As Durham came down the steps he had almost to shove his way through a knot of natives outside the doors. They grudged him the path they made for him, and as he showed them his back he heard a snicker and some one said a thing that cut him where he was already bruised—in his egotism. But he gave no heed to the words. What was the use?
At the Drummers' Home Hotel a darky waiter sustained a profound shock when the imported lawyer declined the fried beefsteak with fried potatoes and also the fried ham and eggs. Mastering his surprise the waiter offered to try to get the Northern gentleman a fried pork chop and some fried June apples, but Durham only wanted a glass of milk for his supper. He drank it and smoked a cigar, and about dusk he went upstairs to his room. There he found assembled the forlorn rank and file of the defense, the local lawyer and three character witnesses—prominent citizens from Tandy's home town who were to testify to his good repute in the place where he was born and reared. These would be the only witnesses, except Tandy himself, that Durham meant to call. One of them was a bustling little man named Felsburg, a clothing merchant, and one was Colonel Quigley, a banker and an ex-mayor, and the third was a Judge Priest, who sat on a circuit-court bench back in Kentucky. In contrast to his size, which was considerable, this Judge Priest had a voice that was high and whiny. He also had the trick, common to many men in politics in his part of the South, of being purposely ungrammatical at times.
This mannerism led a lot of people into thinking that the judge must be an uneducated man—until they heard him charging a jury or reading one of his rulings. The judge had other peculiarities. In conversation he nearly always called men younger than himself, son. He drank a little bit too much sometimes; and nobody had ever beaten him for any office he coveted. Durham didn't know what to make of this old judge—sometimes he seemed simple-minded to the point of childishness almost.
The others were gathered about a table by a lighted kerosene lamp, but the old judge sat at an open window with his low-quarter shoes off and his white-socked feet propped against the ledge. He was industriously stoking at a home-made corncob pipe. He pursed up his mouth, pulling at the long cane stem of his pipe with little audible sucks. From the rocky little street below the clatter of departing farm teams came up to him. The Indian medicine doctor was taking down his big white umbrella and packing up his regalia. The late canvas habitat of the Half Man and Half Horse had been struck and was gone, leaving only the pole-holes in the turf and a trodden space to show where it had stood. Court would go on all week, but Court Monday was over and for another month the town would doze along peacefully.
Durham slumped himself into a chair that screeched protestingly in all its infirm joints. The heart was gone clean out of him.
“I don't understand these people at all,” he confessed. “We're beating against a stone wall with our bare hands.”
“If it should be money now that you're needing, Mister Durham,” spoke up Felsburg, “that boy Tandy's father was my very good friend when I first walked into that town with a peddling pack on my back, and if it should be money——?”
“It isn't money, Mr. Felsburg,” said Durham. “If I didn't get a cent for my services I'd still fight this case out to the aid for the sake of that game boy and that poor little mite of a wife of his. It isn't money or the lack of it—it's the damned hate they've built up here against the man. Why, you could cut it off in chunks—the prejudice that there was in that courthouse today.”
“Son,” put in Judge Priest in his high, weedy voice, “I reckon maybe you're right. I've been projectin' around cotehouses a good many years, and I've taken notice that when a jury look at a prisoner all the time and never look at his women folks it's a monstrous bad sign. And that's the way it was all day today.”
“The judge will be fair—he
