Part 53 (2/2)

”No, no!” cried Mrs. Newbolt, casting out her hands in pa.s.sionate denial. ”Joe didn't do it!”

”Your honor,” began the prosecutor, turning to the court with an expression of injury in his voice which was almost tearful, ”am I to be interrupted----”

”Madam, you must not speak again,” admonished the judge. ”Mr. Sheriff, see that the order is obeyed.”

The sheriff leaned over.

”Ma'am, I'll have to put you out of here if you do that agin,” said he.

Joe placed his hand on his mother's shoulder and whispered to her. She nodded, as if in obedience to his wish, but she sat straight and alert, her dark eyes glowing with anger as she looked at the prosecutor.

The prosecutor was composing himself to proceed.

”This defendant had robbed old Isom Chase of his h.o.a.rded gold, gentlemen of the jury, and that was not all. I tell you, gentlemen, Joe Newbolt had robbed that trusting old man of more than his gold. He had robbed him of his sacred honor!”

Hammer entered vociferous objections. Nothing to maintain this charge had been proved by the state, said he. He insisted that the jury be instructed to disregard what had been said, and the prosecutor admonished by the court to confine himself to the evidence.

The court ruled accordingly.

”There has been ample evidence on this point,” contended the prosecutor.

”The conspiracy of silence entered into between this defendant and the widow of Isom Chase--entered into and maintained throughout this trial--is sufficient to brand them guilty of this charge before the world. More; when Sol Greening's wife arrived a few minutes after the shooting, Mrs. Chase was fully dressed, in a dress, gentlemen of the jury, that it would have taken her longer to put on----”

Merely surmises, said Hammer. If surmises were to be admitted before that court and that jury, said he, he could surmise his client out of there in two minutes. But the court was of the opinion that the evidence warranted the prosecutor there. He was allowed to proceed.

”Ollie Chase could not have dressed herself that way in those few intervening minutes. She had made her preparations long before that tragic hour; she was ready and waiting--waiting for what?

”Gentlemen, I will tell you. Joe Newbolt had discovered the hiding-place of his employer's money. He had stolen it, and was preparing to depart in secrecy in the dead of night; and I tell you, gentlemen of the jury, he was not going alone!”

”Oh, what a scandalous lie!” said Mrs. Newbolt in a horrified voice which, low-pitched and groaning that it was carried to the farthest corner of that big, solemn room.

The outburst caused a little movement in the room, attended by considerable noise and some s.h.i.+fting of feet. Some laughed, for there are some to laugh everywhere at the most sincere emotions of the human breast. The judge rapped for order. A flush of anger mounted to his usually pa.s.sive face; he turned to the sheriff with a gesture of command.

”Remove that woman from the room, Mr. Sheriff, and retain her in custody!” said he.

The sheriff came forward hastily and took Mrs. Newbolt by the arm. She stood at his touch and stretched out her hands to the judge.

”I didn't mean to say it out loud, Judge Maxwell, but I thought it so hard, I reckon, sir, that it got away. Anybody that knows my Joe----”

”Come on, ma'am,” the sheriff ordered.

Joe was on his feet. The sheriff's special deputy put his hands on the prisoner's shoulders and tried to force him down into his seat. The deputy was a little man, sandy, freckled, and frail, and his efforts, ludicrously eager, threw the court-room into a fit of unseemly laughter.

The little man might as well have attempted to bend one of the oak columns which supported the court-house portico.

Judge Maxwell was properly angry now. He rapped loudly, and threatened penalties for contempt. When the mirth quieted, which it did with a suddenness almost tragic, Joe spoke. ”I wish to apologize to you for mother's words, sir,” said he, addressing the judge, inclining his head slightly to the prosecuting attorney afterward, as if to include him, upon second thought. ”She was moved out of her calm and dignity by the statement of Mr. Lucas, sir, and I give you my word of honor that she'll say no more. I'd like to have her here by me, sir, if you'd grant me that favor. You can understand, sir, that a man needs a friend at his side in an hour like this.”

Judge Maxwell's face was losing its redness of wrath; the hard lines were melting out of it. He pondered a moment, looking with gathered brows at Joe. The little deputy had given over his struggle, and now stood with one hand twisted in the back of Joe's coat. The sheriff kept his hold on Mrs. Newbolt's arm. She lifted her contrite face to the judge, tears in her eyes.

”Very well,” said the judge, ”the court will accept your apology, and hold you responsible for her future behavior. Madam, resume your seat, and do not interrupt the prosecuting attorney again.”

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