<SPAN name="chap25"></SPAN>
<h3> XXV </h3>
<h3> THE JURY COMES IN </h3>
<p>Mrs. Flitcroft, at breakfast on the following morning, continued a
disquisition which had ceased, the previous night, only because of a
provoking human incapacity to exist without sleep. Her theme was one
which had exclusively occupied her since the passing of Eskew, and, her
rheumatism having improved so that she could leave her chair, she had
become a sort of walking serial; Norbert and his grandfather being well
assured that, whenever they left the house, the same story was to be
continued upon their reappearance. The Tocsin had been her great
comfort: she was but one helpless woman against two strong men;
therefore she sorely needed assistance in her attack upon them, and the
invaluable newspaper gave it in generous measure.</p>
<p>"Yes, young man," she said, as she lifted her first spoonful of
oatmeal, "you BETTER read the Tocsin!"</p>
<p>"I AM reading it," responded Norbert, who was almost concealed by the
paper.</p>
<p>"And your grandfather better read it!" she continued, severely.</p>
<p>"I already have," said the Colonel, promptly. "Have you?"</p>
<p>"No, but you can be sure I will!" The good lady gave the effect of
tossing her head. "And you better take what it says to heart, you and
some others. It's a wonder to me that you and Buckalew and old Peter
don't go and hold that Happy Fear's hand durin' the trial! And as for
Joe Louden, his step-mother's own sister, Jane, says to me only
yesterday afternoon, 'Why, law! Mrs. Flitcroft,' she says, 'it's a
wonder to me,' she says, 'that your husband and those two other old
fools don't lay down in the gutter and let that Joe Louden walk over
'em.'"</p>
<p>"Did Jane Quimby say 'those two other old fools'?" inquired the
Colonel, in a manner which indicated that he might see Mr. Quimby in
regard to the slander.</p>
<p>"I can't say as I remember just precisely her exact words," admitted
Mrs. Flitcroft, "but that was the sense of 'em! You've made yourselves
the laughin'-stock of the whole town!"</p>
<p>"Oh, we have?"</p>
<p>"And I'd like to know"—her voice became shrill and goading—"I'd like
to know what Judge Pike thinks of you and Norbert! I should think
you'd be ashamed to have him pass you in the street."</p>
<p>"I've quit speaking to him," said Norbert, coldly, "ever since I heard
he owned Beaver Beach."</p>
<p>"That story ain't proved yet!" returned his grandmother, with much
irascibility.</p>
<p>"Well, it will be; but that's not all." Norbert wagged his head. "You
may be a little surprised within the next few days."</p>
<p>"I've been surprised for the PAST few!" she replied, with a bitterness
which overrode her satisfaction in the effectiveness of the retort.
"Surprised! I'd like to know who wouldn't be surprised when half the
town acts like it's gone crazy. People PRAISIN' that fellow, that
nobody in their sober minds and senses never in their lives had a good
word for before! Why, there was more talk yesterday about his doin's
at the Court-house—you'd of thought he was Phil Sheridan! It's 'Joe
Louden' here and 'Joe Louden' there, and 'Joe Louden' this and 'Joe
Louden' that, till I'm sick of the name!"</p>
<p>"Then why don't you quit saying it?" asked the Colonel, reasonably.</p>
<p>"Because it'd OUGHT to be said!" she exclaimed, with great heat.
"Because he'd ought to be held up to the community to be despised. You
let me have that paper a minute," she pursued, vehemently; "you just
let me have the Tocsin and I'll read you out some things about him that
'll show him in his true light!"</p>
<p>"All right," said Norbert, suddenly handing her the paper. "Go ahead."</p>
<p>And after the exchange of a single glance the two gentlemen composed
themselves to listen.</p>
<p>"Ha!" exclaimed Mrs. Flitcroft. "Here it is in head-lines on the first
page. 'Defence Scores Again and Again. Ridiculous Behavior of a
Would-Be Mob. Louden's—'" She paused, removed her spectacles,
examined them dubiously, restored them to place, and continued:
"'Louden's Masterly Conduct and Well-Deserved—'" she paused again,
incredulous—"'Well-Deserved Triumph—'"</p>
<p>"Go on," said the Colonel, softly.</p>
<p>"Indeed I will!" the old lady replied. "Do you think I don't know
sarcasm when I see it? Ha, ha!" She laughed with great heartiness.
"I reckon I WILL go on! You listen and try to LEARN something from
it!" She resumed the reading:</p>
<p>"'It is generally admitted that after yesterday's sitting of the court,
the prosecution in the Fear-Cory murder trial has not a leg to stand
on. Louden's fight for his client has been, it must be confessed, of a
most splendid and talented order, and the bottom has fallen out of the
case for the State, while a verdict of Not Guilty, it is now conceded,
is the general wish of those who have attended and followed the trial.
But the most interesting event of the day took place after the session,
when some miscreants undertook to mob the attorney for the defence in
the Court-house yard. He met the attack with a coolness and nerve
which have won him a popularity that—'" Mrs. Flitcroft again faltered.</p>
<p>"Go on," repeated the Colonel. "There's a great deal more."</p>
<p>"Look at the editorials," suggested Norbert. "There's one on the same
subject."</p>
<p>Mrs. Flitcroft, her theory of the Tocsin's sarcasm somewhat shaken,
turned the page. "We Confess a Mistake" was the rubric above the
leader, and she uttered a cry of triumph, for she thought the mistake
was what she had just been reading, and that the editorial would
apologize for the incomprehensible journalistic error upon the first
page. "'The best of us make mistakes, and it is well to have a change
of heart sometimes.'" (Thus Eugene's successor had written, and so
Mrs. Flitcroft read.) "'An open confession is good for the soul. The
Tocsin has changed its mind in regard to certain matters, and means to
say so freely and frankly. After yesterday's events in connection with
the murder trial before our public, the evidence being now all
presented, for we understand that neither side has more to offer, it is
generally conceded that all good citizens are hopeful of a verdict of
acquittal; and the Tocsin is a good citizen. No good citizen would
willingly see an innocent man punished, and that our city is not to be
disgraced by such a miscarriage of justice is due to the efforts of the
attorney for the defendant, who has gained credit not only by his
masterly management of this case, but by his splendid conduct in the
face of danger yesterday afternoon. He has distinguished himself so
greatly that we frankly assert that our citizens may point with pride
to—'" Mrs. Flitcroft's voice, at the beginning pitched to a high
exultation, had gradually lowered in key and dropped down the scale
till it disappeared altogether.</p>
<p>"It's a wonder to me," the Colonel began, "that the Tocsin doesn't go
and hold Joe Louden's hand."</p>
<p>"I'll read the rest of it for you," said Norbert, his heavy face
lighting up with cruelty. "Let's see—where were you? Oh yes—'point
with pride'? 'Our citizens may point with pride to ...'"</p>
<p>Let us not linger to observe the unmanly behavior of an aged man and
his grandson left alone at the breakfast-table by a defenceless woman.</p>
<p>The Tocsin's right-about-face undermined others besides Mrs. Flitcroft
that morning, and rejoiced greater (though not better) men than the
Colonel. Mr. Farbach and his lieutenants smiled, yet stared, amazed,
wondering what had happened. That was a thing which only three people
even certainly knew; yet it was very simple.</p>
<p>The Tocsin was part of the Judge's restitution.</p>
<p>"The controlling interest in the paper, together with the other
property I have listed," Joe had said, studying his memoranda under the
lamp in Roger's old studio, while Martin Pike listened with his head in
his hands, "make up what Miss Tabor is willing to accept. As I
estimate it, their total value is between a third and a half of that of
the stock which belonged to her."</p>
<p>"But this boy—this Flitcroft," said Pike, feebly; "he might—"</p>
<p>"He will do nothing," interrupted Joe. "The case is 'settled out of
court,' and even if he were disposed to harass you, he could hardly
hope to succeed, since Miss Tabor declines either to sue or to
prosecute."</p>
<p>The Judge winced at the last word. "Yes—yes, I know; but he might—he
might—tell."</p>
<p>"I think Miss Tabor's influence will prevent. If it should not—well,
you're not in a desperate case by any means; you're involved, but far
from stripped; in time you may be as sound as ever. And if Norbert
tells, there's nothing for you to do but to live it down." A faint
smile played upon Joe's lips as he lifted his head and looked at the
other. "It can be done, I think."</p>
<p>It was then that Ariel, complaining of the warmth of the evening,
thought it possible that Joe might find her fan upon the porch, and as
he departed, whispered hurriedly: "Judge Pike, I'm not technically in
control of the Tocsin, but haven't I the right to control its policy?"</p>
<p>"I understand," he muttered. "You mean about Louden—about this
trial—"</p>
<p>"That is why I have taken the paper."</p>
<p>"You want all that changed, you mean?"</p>
<p>She nodded decisively. "From this instant. Before morning."</p>
<p>"Oh, well, I'll go down there and give the word." He rubbed his eyes
wearily with big thumbs. "I'm through fighting. I'm done. Besides,
what's the use? There's nothing more to fight."</p>
<p>"Now, Judge," Joe said, as he came in briskly, "we'll go over the list
of that unencumbered property, if you will."</p>
<p>This unencumbered property consisted of Beaver Beach and those other
belongings of the Judge which he had not dared to mortgage. Joe had
somehow explained their nature to Ariel, and these with the Tocsin she
had elected to accept in restitution.</p>
<p>"You told me once that I ought to look after my own property, and now I
will. Don't you see?" she cried to Joe, eagerly. "It's my work!" She
resolutely set aside every other proposition; and this was the quality
of mercy which Martin Pike found that night.</p>
<br/>
<p>There was a great crowd to hear Joe's summing-up at the trial, and
those who succeeded in getting into the court-room declared that it was
worth the struggle. He did not orate, he did not "thunder at the
jury," nor did he slyly flatter them; he did not overdo the
confidential, nor seem so secure of understanding beforehand what their
verdict would be that they felt an instinctive desire to fool him. He
talked colloquially but clearly, without appeal to the pathetic and
without garnitures, not mentioning sunsets, birds, oceans, homes, the
glorious old State, or the happiness of liberty; but he made everybody
in the room quite sure that Happy Fear had fired the shot which killed
Cory to save his own life. And that, as Mr. Bradbury remarked to the
Colonel, was "what Joe was THERE for!"</p>
<p>Ariel's escort was increased to four that day: Mr. Ladew sat beside
her, and there were times when Joe kept his mind entirely to the work
in hand only by an effort, but he always succeeded. The sight of the
pale and worshipping face of Happy Fear from the corner of his eye was
enough to insure that. And people who could not get near the doors,
asking those who could, "What's he doin' now?" were answered by
variations of the one formula, "Oh, jest walkin' away with it!"</p>
<p>Once the court-room was disturbed and set in an uproar which even the
Judge's customary threat failed to subdue. Joe had been talking very
rapidly, and having turned the point he was making with perfect
dexterity, the jury listening eagerly, stopped for a moment to take a
swallow of water. A voice rose over the low hum of the crowd in a
delirious chuckle: "Why don't somebody 'HEAD HIM OFF!'" The room
instantly rocked with laughter, under cover of which the identity of
the sacrilegious chuckler was not discovered, but the voice was the
voice of Buckalew, who was incredibly surprised to find that he had
spoken aloud.</p>
<p>The jury were "out," after the case had been given to them, seventeen
minutes and thirty seconds by the watch Claudine held in her hand. The
little man, whose fate was now on the knees of the gods, looked
pathetically at the foreman and then at the face of his lawyer and
began to shake violently, but not with fright. He had gone to the jail
on Joe's word, as a good dog goes where his master bids, trustfully;
and yet Happy had not been able to keep his mind from considering the
horrible chances. "Don't worry," Joe had said. "It's all right. I'll
see you through." And he had kept his word.</p>
<p>The little man was cleared.</p>
<p>It took Happy a long time to get through what he had to say to his
attorney in the anteroom, and even then, of course, he did not manage
to put it in words, for he had "broken down" with sheer gratitude.
"Why, damn ME, Joe," he sobbed, "if ever I—if ever you—well, by God!
if you ever—" This was the substance of his lingual accomplishment
under the circumstances. But Claudine threw her arms around poor Joe's
neck and kissed him.</p>
<p>Many people were waiting to shake hands with Joe and congratulate him.
The trio, taking advantage of seats near the rail, had already done
that (somewhat uproariously) before he had followed Happy, and so had
Ariel and Ladew, both, necessarily, rather hurriedly. But in the
corridors he found, when he came out of the anteroom, clients,
acquaintances, friends: old friends, new friends, and friends he had
never seen before—everybody beaming upon him and wringing his hand, as
if they had been sure of it all from the start.</p>
<p>"KNOW him?" said one to another. "Why, I've knowed him sence he was
that high! SMART little feller he was, too!" This was a total
stranger.</p>
<p>"I said, years ago"—thus Mr. Brown, the "National House" clerk,
proving his prophetic vision—"that he'd turn out to be a big man some
day."</p>
<p>They gathered round him if he stopped for an instant, and crowded after
him admiringly when he went on again, making his progress slow. When
he finally came out of the big doors into the sunshine, there were as
many people in the yard as there had been when he stood in the same
place and watched the mob rushing his client's guards. But to-day their
temper was different, and as he paused a moment, looking down on the
upturned, laughing faces, with a hundred jocular and congratulatory
salutations shouted up at him, somebody started a cheer, and it was
taken up with thunderous good-will.</p>
<p>There followed the interrogation customary in such emergencies, and the
anxious inquirer was informed by four or five hundred people
simultaneously that Joe Louden was all right.</p>
<p>"HEAD HIM OFF!" bellowed Mike Sheehan, suddenly darting up the steps.
The shout increased, and with good reason, for he stepped quickly back
within the doors; and, retreating through the building, made good his
escape by a basement door.</p>
<p>He struck off into a long detour, but though he managed to evade the
crowd, he had to stop and shake hands with every third person he met.
As he came out upon Main Street again, he encountered his father.</p>
<p>"Howdy do, Joe?" said this laconic person, and offered his hand. They
shook, briefly. "Well," he continued, rubbing his beard, "how are ye?"</p>
<p>"All right, father, I think."</p>
<p>"Satisfied with the verdict?"</p>
<p>"I'd be pretty hard to please if I weren't," Joe laughed.</p>
<p>Mr. Louden rubbed his beard again. "I was there," he said, without
emotion.</p>
<p>"At the trial, you mean?"</p>
<p>"Yes." He offered his hand once more, and again they shook. "Well,
come around and see us," he said.</p>
<p>"Thank you. I will."</p>
<p>"Well," said Mr. Louden, "good-day, Joe."</p>
<p>"Good-day, father."</p>
<br/>
<p>The young man stood looking after him with a curious smile. Then he
gave a slight start. Far up the street he saw two figures, one a
lady's, in white, with a wide white hat; the other a man's, wearing
recognizably clerical black. They seemed to be walking very slowly.</p>
<p>It had been a day of triumph for Joe; but in all his life he never
slept worse than he did that night.</p>
<br/><br/><br/>
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