"Guilty, your Honour." The voice was the tremulous voice of the foreman of a jury. His hand shook as it held the slip of paper from which he read the portentous words. The Court leaned over toward him. "I didn't catch that," said the Court. Once more the foreman drew himself together, and moistened his lips before he repeated in shrill tones: "Guilty, your Honour—guilty as charged in the indictment." For a brief moment there was a silence; then the spacious court-room broke into subdued uproar. "Jumpin' Jerusalem, I didn't think they'd have the nerve to do it!" came from a voice somewhere in the crowd; and judging from the expression on the faces of the people, this remark was fairly indicative of their opinion. The Court rapped for silence, and nodded to Beekman, the active counsel for the defence. "If the Court please," began Beekman, his face pale, and his voice A heavy hand was laid upon Beekman's arm. "Hold on there! I want that jury polled!" The speaker of these words was Peter V. Wilkinson; for this trial was his trial; and this verdict was the verdict in his case. "Morehead, get 'em to poll that jury!" Again he spoke as one accustomed to command, and not as a prisoner before the bar. "Poll the jury," directed the Court. The clerk started to obey. "Now, Morehead," went on Wilkinson in a hoarse whisper, "I want you to place in my hands—my hands, you understand—the name and address of every mother's son upon that jury. I won't forget 'em, let me tell you that." "John T. Wyatt," droned the clerk. And Wyatt, juror, stiffened for an instant, hesitated, and then taking a big grip on himself, answered as his foreman had: "Guilty." Every man in the box made the same answer; but as every man voiced his verdict, he met the sullen, defiant, vengeful gaze of a man who never forgot, who never forgave, and each man felt that instant as if, somehow, he were in the tightening grasp of the big millionaire at the counsel "Now make your motions, Beekman," whispered Morehead. And Beekman made a motion to set aside the verdict; made a motion in arrest of judgment; made a motion for a new trial. Wilkinson watched the face of the Court as he had watched the faces of the jurymen. "This is Gilchrist's chance to square himself, Morehead," he announced huskily. "He's got to give us a new trial, or we'll know the reason why." But Judge Gilchrist merely swept the court-room with a weary glance. "Motion denied," he said briefly, and with as much concern as if he brushed away a fly. He now turned to the jury. "Gentlemen," he went on gratefully, "you are discharged for the balance of the week—after this long, protracted trial—with the thanks of the Court, for the fairness, justice and impartiality of your verdict. Good-day, gentlemen." "Wha—what!" gasped Wilkinson in a voice that could be heard all over the court-room. "Does he mean to say that this verdict is just—does he, Morehead?" Colonel Morehead frowned with vexation. "Keep quiet, Wilkinson," was all he said. The Court waited until the jury had filed out, watching them as they "Counsellor," he remarked to Beekman, "what day will be most convenient to you for sentence? And you, Mr. Leech?" Up to this time Leslie, who had been sitting at the counsel table with her father, had listened in a sort of daze to the proceedings of the court. She had heard all the testimony, understanding it as best she could, and had gathered from her father's manner and that of his counsel, particularly Beekman's, that the whole thing was a mere matter of form, from which her father would come out unscathed and unscarred. The verdict had simply added to this vagueness; but when the Court had pronounced the significant and ugly word 'sentence,' it brought her up, as it were, all standing; and half-rising from her seat she held out her hand in an imploring gesture. "Sentence?" she cried out in her excitement. "No, he can't mean that...." There was a titter from the women on the benches; it brought Leslie to her senses, and flushing and confused she sank back and covered her face with her hands. "Leslie, brace up!" said Beekman, leaning over her, his voice showing his deep emotion. "It will come out all right. We'll win out on appeal." Flomerfelt stepped to the fore and plucked Beekman by the sleeve. "Let me have a word with you," he requested, whispering something in his ear. Beekman at once addressed the Court. "If your Honour please," he began, "may we have a brief consultation among counsel before we ask your Honour to set a day?" "Certainly," agreed the Court, "you may step into the ante-room." Six counsel and Flomerfelt and Wilkinson—eight in all—filed into the ante-room. "Shut that door, Eliot," said Morehead. "Now, Flomerfelt, what's your idea?" Out in the court-room J. Newton Leech, who had prosecuted for the People, left the side of Murgatroyd and went over to Leslie to offer his sympathy. "Miss Wilkinson, this has been pretty hard on you." "I don't understand it at all," the girl answered, turning her pale, tired face to his. "I wouldn't worry," he went on, with something more than mere professional courtesy in his eyes. And indeed Leech spoke truly when he said that the trial had been most distressing to Leslie. It had been doubly so, perhaps, because of the lack of the usual dramatic features. Forgery, perjury, larceny, ominous District Attorney Murgatroyd, like the accusing ghost of Hamlet's father, had stalked silent, brooding, imperturbable, behind his assistant, Leech, dictating nothing openly, but seeing, knowing that no stone was left unturned. For the first two days of the trial the People apparently had made but little inroads upon the integrity of Peter V. Wilkinson; but at the end of that time, some new and powerful influence had made itself felt: shrewd accountants entered the court-room and sat at the Assistant District Attorney's elbow; a financier or two kept at Murgatroyd's side; absolutely unassailable witnesses took the stand. It was about this time that Morehead had nudged Durand and whispered: "The Morning Mail and Ougheltree of the National Banks are at work. Here's where our trouble begins." But although these two practitioners well knew, even at that early stage of the game, that the chances weighed heavily against them, not once did they flinch, not once did they permit the set expression of confidence to leave their faces. On the contrary, they turned to their "Beekman, the jury isn't even nibbling at this stuff. We've got a walk-over." But Beekman could not bring himself to their point of view. With growing fear he listened to the evidence of the People as it piled up against his client. Nevertheless, Beekman had—just the thing that Morehead had said he had—an unaltering faith in Wilkinson. He was partisan to the last degree. And so quite naturally his intellect rejected the proofs of the People. Not that he did not appreciate their weight, but rather that he didn't believe their truth. And what a fight he had put up for his client! To this day Beekman's summing up is remembered. "We didn't make any mistake in getting him," Morehead had told Durand after the address to the jury. Even Murgatroyd had been moved to admiration by his closing arguments, turning black into white, as he did, because it looked white to him, and the District Attorney had said to his Assistant: "Leech, you couldn't do that in a thousand years—not the way he does it. And if it were not for public opinion, it is pretty certain that Beekman would get an acquittal from this jury. As it is...." And not for one moment had Murgatroyd felt that the case was safe until the foreman's tremulous tones had quavered forth upon the heavy air of Sessions. During the first few minutes of the time that was passed in the ante-room behind closed doors, Beekman's face wore an air of profound dejection. Instead of joining, as was to be expected, in an animated discussion that the others were having, he had taken a seat by himself, and was reproaching himself with dereliction of duty. Imagine, then, his astonishment when presently the little coterie gathered about him and began to laud him for his good work. "You're a wonder, youngster!" they told him. "And you may consider yourself engaged again right now, if we get a new trial." "But they beat me! I failed!" replied Beekman, a look of bewilderment on his face. For he had expected reproaches, and here was genuine applause as for a winner instead of for a loser. "Thought you were going to get me out of this?" growled Wilkinson, staring about him; for he knew that these men in some way were responsible for his losing his case. "We are," returned Durand, grimly; but his eyes flashed a wireless Colonel Morehead's glance travelled quickly around the room in a comprehensive way; then settled upon Wilkinson, and he said: "Gentlemen, I think Peter V. had better be sentenced now." "Now! Thunder and guns, not now! Give me another chance to get at the Court, or at Murgatroyd. I need time—put it off as long as possible," Wilkinson said, the tremour in his voice only half concealed. "Time is dangerous," declared Morehead, with a shake of the head. "We don't want public opinion nor the Morning Mail to get to work. The public—except your own depositors—didn't believe that you were going to be convicted; they believed you to be only technically guilty. But give the populace two days to consider the fact that you've been convicted—convicted of forgery—I don't say you're guilty, Wilkinson—and let the Morning Mail hammer that in for a week, the Judge is bound to feel the force of this public opinion. It's the one thing from which no public officer can escape." "Let Gilchrist sentence now, and you'll get off with a fine," interposed Flomerfelt; "that was my suggestion." "That's the whole idea," said Patrick Durand. "The less delay there is, the lighter it will be." Meanwhile Assistant District Attorney Leech had been moderately successful in his attempt to soothe Leslie. His manner and his words, "I wouldn't worry," had seemed a guarantee to her that her troubles were about to vanish. She began to reason that nothing could happen to her father. Nothing ever did happen to respectable men like him—big men, rich men. And so she watched with increasing confidence the eight men file back into the court-room. "If the Court please," Beekman was saying gravely, at her side, "instead of fixing a future day for sentence, we suggest that the Court pronounce its sentence now." The suggestion fell like a bomb-shell in the midst of the crowd. Even District Attorney Murgatroyd rose to his feet in surprise. "I see no reason," he began, and then remembering that he was not trying the case, he nodded to his assistant; Leech took the cue and pressed to the fore. "This is an important case, your Honour," he contended, "and one that demands deliberation. It seems to me that it would be preferable to The Court quickly waved Leech back to his seat and addressed himself to the prisoner. "What does the defendant say? Are you ready for sentence now?" "I am," said Wilkinson, and rising at Morehead's nudge he stood glaring at the Court. Beekman was at his side, and extended his hand, saying: "Before sentence is pronounced, if your Honour please, I should like to say a word or two on behalf of the defendant." The Court likewise waved him back. "I heard all you told the jury," remarked Judge Gilchrist, somewhat sharply. "You exhausted the subject, there's nothing left to say. I have the floor." There was a pause during which the Court slowly took off his glasses, wiped them with his handkerchief and put them on again. "This is an unusual case," he began, looking sternly at the defendant. Back on the benches the crowd leaned forward eagerly. "What will he give him?" asked someone. On the rear seat, Burns of the Ideal Dairy, who never missed a big trial, turned to his friend Porteous, the Park Row hardware man, and "I'll bet you another fifty, Billy, that he fines him a cold million dollars—that or more." The hardware man only laughed. "Done," he answered. "Judge Gilchrist wouldn't dare to fine him over fifty thousand dollars—and——" "Hush!" whispered Burns. "He's speaking now." " ... confined for ten years in State's Prison at hard labour," concluded the Court. The people looked at one another aghast; but Murgatroyd smiled a smile of complete satisfaction. As for Leslie, she turned a startled, half-reproachful glance at the Assistant District Attorney, and then her face went white and her head sank slowly down upon her arm that lay upon the table. Unconsciously Beekman rested his hand lightly upon her shoulder, and although the court-room seemed whirling about his head, he presently found himself counting the heart throbs that shook her frame. At the table Wilkinson's counsel exchanged glances, only Morehead and Durand apparently retaining their self-possession, and proceeded to gather their papers together, and scoop them into capacious leather bags, shutting the bags loudly with a snap. Wilkinson's face was scarlet, his eyes flashing fire. From the instant of the rendition of the jury's verdict he had been a spluttering "Do you mean to tell me, Gilchrist," he shouted so that all might hear, and advancing toward him, "that you've got the nerve to——" The Court rapped for order. "Clear the court-room!" he ordered; and turning to Beekman he added: "Counsellor, your client is beside himself. Take charge of him, or I'll have somebody do it for you." Morehead and Flomerfelt pulled Wilkinson down into his seat and held him there while a court officer stood over him threateningly. For a brief instant, only, Gilchrist let his cold, judicial gaze meet the hot belligerence of Peter V. Wilkinson; then he rose, gathered his robes about him, and passed on to his private chambers. Immediately four New York newspaper men boldly took possession of the bench and got three flashlights of Wilkinson struggling in the grasp of his attorneys. It took less than three-quarters of an hour to clear the court-room, but within that time New York was reading the headlines: "Ten years at hard labour in State's Prison for Peter V. Wilkinson, the multi-millionaire." As a piece of news it was unquestionably quite "What are they going to do to you, father?" cried Leslie, when two uniformed officers laid hands upon Wilkinson. "That's what I'd like to know," he answered in alarm. "Take him to the Tombs, of course," spoke up one of the officers. "What else is there to do?" "No, I won't go back there! I refuse ..." cried Wilkinson, struggling. Morehead laid a detaining hand upon the officer's arm. "Wait a minute, officer," he said. "We'll file a notice of appeal inside of ten minutes. We're having it prepared now. We'll give bail—renew the bond...." Murgatroyd stepped forward and said, clipping his words off as he spoke: "I shall oppose this man's release on bail pending an appeal, unless his present bail is increased to double the amount." "A million dollars! What are you talking about!" exclaimed Morehead. "I'm talking about the new rule," returned the District Attorney; "and you know just as much about it as I do." And then smiling "And in the meantime, Chief, shall we lock him up?" queried an officer. "Wait a bit," put in Leech, courteously glancing at Leslie. "Suppose Mr. Wilkinson stays in my room until"—he looked at the Colonel now—"you can give bail this afternoon, can't you?" "Not if it's a million dollars. Murgatroyd, this man has got to rely upon his daughter's money," he pleaded. "We couldn't raise a million dollars in a month." "Yes we can," snapped Wilkinson, the cold sweat standing out on his forehead. "We can raise twice that in an hour." There was an interval of silence in which Morehead tried to look unconcerned, and Murgatroyd winked at Leech. "I thought he had it somewhere," whispered the District Attorney to his assistant. With this proof before him that he was standing in the presence of a man far from bankrupt, Leech became doubly attentive. "I think I can accommodate Mr. Wilkinson in my private office until Murgatroyd nodded a tentative assent before saying: "Come, Colonel, and we'll see the Judge...." And an hour and a half later the bail had been fixed and matters arranged by Morehead and his colleagues with the surety company. But when the Colonel was back again in Leech's private office, he whispered to Wilkinson: "Where's your nerve, you confounded idiot! Now you've given the whole thing away! If you'd gone back to the Tombs for a few days longer...." Wilkinson gave him a look of withering scorn, and measuring his words carefully, declared: "I'll never be locked up, Morehead, again—anywhere. I told you once, and I tell you now for all time, that they'll never get Peter V. Wilkinson again behind the bars." Colonel Morehead made no comment, but favoured him with an enigmatical smile. After a moment or two, he went on to explain that if Wilkinson had kept quiet they could have hunted up some of his friends and had the thing fixed up in forty-eight hours; that now, after what had happened, everybody, and especially Ougheltree and the Morning Mail, would know that he had this money tucked away somewhere; and that Wilkinson resented, with a shrug of the shoulders, this interference with what he considered his business, and made no answer. But turning to Leslie, he said irritably: "Leslie, just put your name on the back of these things, will you. The surety company is waiting for them." Leslie's face showed a peculiar change; and she turned the certificates over to read them before attaching her signature. "Half a million more!" she gasped. "Why, I don't own that much, father. They can't be mine to sign away, can they?" "Do as I tell you," ordered her father, gruffly, taking them out of her hand and turning them face down. "Sign your name on the back of every one of them." And when she had done so, he said to a waiting messenger: "There, now, Surety Company, fork over that new bond." And motioning to Morehead: "Call Leech—there's his bail." |