IN WHICH IT IS SHOWN THAT, IN A TRIAL, COUNSEL MAY ASK ONE QUESTION TOO MANY When the Court met, at which the trial of Jacquelin’s suit against Hiram Still was set, all other matters, even politics, were driven from mind. It will not be needful to go in detail into the trial of the case. The examination of the plaintiffs’ witnesses occupied two days. In the contest the defendant, to use the phraseology of another arena, was acknowledged to have “drawn first blood.” On the morning of the trial the two sides, with their counsel, witnesses, and friends, thronged the court-house. The counsel, an imposing array, were ranged along the bar, fronting the bench and the jury-box which was off to one side, and in which sat seven solemn-looking negroes and five scarcely less solemn white men. Major Welch sat beside Mr. Bagby, and during a part of the time Mrs. Welch and Ruth had chairs behind them. By the time they were all settled it was announced that the Judge was coming. It had been the practice in the County, when the Judge entered, for the Bar to rise and remain standing until he had mounted the bench, bowed to them, and taken his seat, when they bowed and resumed their places. It was a custom brought from the Supreme Court, before which Mr. Bagby, General Legaie, and others of that bar had practised in old times. Now, when the Judge entered he was announced by Sherwood, the Sheriff, and came in preceded by Leech and McRaffle. And not a man rose. The Judge walked up “If the Court please——” he began, in a calm, well-modulated voice that brought an instant hush over the whole court-room. His words appeared to wake the judge from a lethargy. He, however, took no notice whatever of the General, but addressed the sheriff. “Put that man behind the bar.” The Sheriff was mystified, and looked first around him and then at the judge, in a puzzled way, to see whom he referred to. “Suh?” “Make that man get behind the bar.” He simply glanced at the General. This time the negro took in what he meant, and he approached the General doubtfully. The General had not caught all the words, but he had heard a “De Cote say you is to git behine de bar,” said the Sheriff. The General leaned forward, his hollowed hand raised to his ear. “De Cote say you is to git behine de bar.” The General turned sharply to the bench and shot one piercing look at the Judge; then, seeming to recollect himself, wheeled about, walked across to Steve and laid the papers of the suit on the bar before him, took up his hat, turned his back squarely on the Court, and faced the Bar: “Good-morning, gentlemen.” He made them a low bow, clapped his hat on his head, and marched out of the court-room. It made a sensation. Steve Allen rose and asked the Court to postpone the case until after dinner, the hour for which was approaching. General Legaie, he said, was the leading counsel on their side. “Proceed with the case,” said the judge. It was conceded that the action of General Legaie was a loss to the plaintiffs’ side, but every one on that side sustained him. They did not see how a gentleman could have done otherwise. The case proceeded without him. It was attempted to show that Mr. Gray could not have owed all the money Still claimed, and that, if he did owe it, before Still brought suit he must have received from Red Rock crops enough to reduce the amount largely, if not to discharge it. The investigation was fought at every point by Still’s counsel, and the Judge almost uniformly ruled in favor of their objections, so that Steve Allen had hard work to maintain his composure. His eyes flashed and a cloud lowered on his brow as he noted exception after exception. “Is there no one here who was present when you went or came back?” he asked Still, with a frown. Still looked about him. “Yes, there’s a nigger. He was there both when I went away and when I came back. He used to work about the house.” He pointed to Doan, who stood behind the bar in the throng of spectators. “But I don’t want to put him on,” he whispered. “I don’t like him.” “Oh! nonsense! It’s only a single fact, and if we can prove it by one witness, it’s as good as by a hundred.” He turned and spoke to Doan from his seat. “Come around and be sworn.” Doan came to the clerk’s desk and was sworn. He was told by Leech that he need not sit down, as there was only one question to be asked. So he stood just in front of the bar, where the papers were spread on it, looking self-conscious and sheepish, but very self-important. Leech put his question. “Do you know when Mr. Still was sent South by Mr. Gray?” “Yes, suh. Cose I does. I was right dyah. See him de night he come back.” “Well, tell those gentlemen when it was,” said Leech. A shade of impatience crossed his face as Doan looked puzzled. “What year it was?” He leaned over and touched the big bond lying on the bar before him, preparatory to putting it in evidence. The act seemed to arouse the negro’s intellect. “Well, I don’ know nothin’ ’bout what year ’twuz,” he said, “but I knows when ’twuz.” “Well, when was it? And how do you know when it was?” Leech asked, sharply. “‘Twuz when de big picture o’ de ghos’ in de gret hall fall down the lass’ time, jes b’fo’ de war. Mr. Still had jes come back from de Souf de day befo’, an’ him and marster wuz in the gret hall togerr talkin’ ’bout things, and Mr. Still had jes ontie he picket-book an’ gin marster back de papers, when de win’ blow ’em on de flo’ an’ de picture come down out de frame ’quebang, most ’pon top my haid.” “Stop him! For God’s sake! stop him,” muttered Still, clutching at Leech’s arm. The lawyer did not catch his words, and turned to him. Still was deadly pale. “Stop him!” he murmured. A stillness had fallen on the court-room, and the crowd was listening. Leech saw that something had happened. “Hold on. Stop! How do you know this?” His tone was suddenly combative. “Hi! I wuz right dyah onder it, and it leetle mo’ fall ’pon top my haid.” Doan gave a nod of satisfaction as he recalled his escape. “Yes, suh, I thought he had got me dat time sho’!” he chuckled, with a comical glance at the negroes before him, who roused up at the reminiscence and laughed at his whimsical look. “‘Twuz in de spring, and I wuz paintin’ de hearth wid red paint, and marster “Stop him!” whispered Still, agonizingly. “Here, this is all nonsense,” broke in Leech, angrily. “You don’t know what Mr. Still thought. You know that he came back from the South some year that there was a thunderstorm, and a picture was blown out of a frame or fell down. And that’s all you know. You don’t know what Mr. Still thought or anything else.” But Doan was by this time at his ease, enjoying the taste of publicity. “Yas, suh, I does, cuz I hear him say so. I holp him nail de picture back after marster had done put dem very papers Mr. Still gi’ him back in de hole behine it. An’ I hear Mr. Still tell marster ’t ef it wuz him he’d be skeered, cuz dee say ’twuz bad luck to anybody in de house ef de “Oh! Your master said he felt he could trust Mr. Still?” said Leech, brightening, catching this crumb of comfort. “Yas, suh.” “And what did Mr. Still say?” “He say he could too.” The crowd laughed. “And he nailed the picture up securely?” “Yas, suh. I holped him. Marster sont me to teck Marse Rupert out, cuz he wuz dabblin’ he little byah foots in de paint on de hearth, trackin’ up de flo’, an’ had done step’pon one o’ de barns whar blow’ down, an’ mark it up; an’ he tell me when I come back to bring hammer an’ nails to nail de picture up, an’ so I done.” Still was again squeezing his counsel’s arm painfully, whispering him to stop the witness. But Leech had to ask one more question. “You brought the nails and nailed it up?” “Yes, suh, me an’ Mr. Still. An’ Marse Rupert he come back, and Mr. Jack dyah wid him, an’ say he gwine help too. He wuz always pesterin’ roun’, dem days.” This in pleasant reminiscence to the crowd. “You can stand aside,” said Leech, contemptuously. He gave a sigh of relief, and Doan was turning slowly to go. “Hold on.” Steve’s deep voice broke in. Jacquelin was whispering to him eagerly. A new light had come into his eyes, and he was scanning Still’s white face, on which the beads of sweat had stood during the whole examination. Steve, still listening to Jacquelin’s rapid speech, rose slowly to get the bond lying on the bar. Before he “You nailed it up securely, and that was the last time it fell.” He spoke rather in affirmation than question. “Nor, suh; it done fall down two or three times since den. Hit fall de day marster wuz kilt, an’ hit fall de evenin’ Mr. Still dyah got de papers out de hole agin. Dat’s de evenin’ Mr. Leech dyah ’rest Marse Jack. Mr. Leech know ’bout dat.” Suddenly a voice rang through the court-room. “It’s a lie! It’s all a d—d lie!” It was Hiram Still, and he had sprung to his feet in uncontrollable agitation, his face livid. Every eye was turned on him, and Leech caught him and pulled him down forcibly into his seat, rising in his place and addressing the Court. “If your honor please,” he said, “all of this is irrelevant. I have no idea what it is all about; but it has no bearing whatever on this case: a lot of stuff about a picture falling down. I shall ask you to exclude it all from the jury——” “But I will show whether or not it is relevant,” asserted Steve. He had picked up the bond from the bar and held it firmly. His voice had a new ring in it. Leech turned on him angrily, but caught his eye and quieted down. He addressed the Court again. “I will show how impossible it is for it to be accepted. Can you read or write?” he demanded of Doan, who stood much puzzled by what was going on. “Nor, suh.” “And you cannot tell one paper from another, can you?” “Nor, suh. But ef de paper Mr. Still got out from behine de picture dat evenin’ I see him git up in de hole after you brung Marse Jack away, is de one I see him gi’ marster an’ see him put in dyah, hit’s got Marse Rupert’s At this moment Major Welch, who had been holding the bond in his hand and had studied it carefully, leaned forward and held it out to the negro. Still, with a gasp, made a grab for Leech, and Leech reached for the paper; but Major Welch put him aside without even looking at him. “Did you ever see that paper before?” he asked Doan. Doan’s face lit up, and he gave an ejaculation of surprise and pleasure. “Yas, suh, dat’s de very paper I’se talkin’ ’bout.” He took it and held it triumphantly, turning it so it could be seen. “Dyah’s Marse Rupert’s little toe-marks ’pon hit now, jes’ like I tell you.” And as the paper was viewed, there, without doubt, were the prints—incontestably the marks of five little toes, as the exclamation of the spectators certified. Doan was delighted at his justification. “I knowed he teck it out, cuz I see him when he cut de string up dyah an’ put it in he pocket, an’ I see de string when I put it back,” he said, confidentially, to the crowd. “I see him, an’ Unc’ Tarquin see him too, cuz he had jes come over to see ’bout Marse Jack; an he ax me afterwards what Mr. Still wuz doin’ in de hole up dyah rummagin’ papers.” “That’s so!” exclaimed a deep voice back in the crowd. “I saw him in the hole, and I saw him take some papers out and put them in his pocket.” It was old Tarquin, standing still and solemn in the front row of the negroes behind the bar. The Judge roared for silence, and Leech rose and renewed his motion. He denounced the whole story as nonsensical and absurd. Steve Allen started to contest the motion; but the Judge sustained it, and ruled out Doan’s testimony, to which Steve excepted. Then Leech calmly offered the bond in evidence, and announced that they were through and wanted no argument. Steve Allen offered to put Doan on the stand as his witness, but Leech objected; the plaintiffs had closed their case, he said. And so the Court ruled. Steve Allen claimed the right to put the witness on the stand, asserting that it was in rebuttal. But the Court was firm. The Judge declined “to hear ghost stories.” Steve insisted, and the Court ordered him to take his seat. He was “out of order.” The case was closed, and he wanted to hear no argument. In such a case the verdict of a jury was not obligatory on the Court, it was only to instruct the mind of the chancellor. He had heard all that the jury had heard, and his mind was clear. He would instruct them to bring in a verdict that no fraud had been shown, and the defendants would prepare a decree accordingly. On this Steve suddenly flamed out. He would like to know, he said, when he had been in order in that court. It was an outrage on decency; the rulings of the Court were a cover for fraud. He was certainly out of order now. The Judge was angry, but he was not afraid. “Take your seat, sir,” he shouted. “I will commit you for contempt.” The anger of the Judge cooled Steve’s. “If you do, it will certainly be for contempt,” he said, “I will put you in jail, sir!” “It has no terrors for me. It is more honorable than your court.” “I will disbar you!” roared the Judge. “You have substantially done it in this case,” said Steve. The Judge was foaming. He turned to the clerk and commanded him to enter an order immediately striking Steve’s name from the roll of attorneys practising in that court, and ordered the Sheriff to take him into custody. The excitement was intense. Instinctively a number of men, Andy Stamper among them, moved up close to Steve and stood about him. The colored Sheriff, who had started, paused and looked at the Judge inquiringly. The Judge was just beginning to speak again to the Sheriff, but his attention was arrested. At this moment Jacquelin rose. His calm manner and assured voice quieted the hubbub; and the Judge looked at him and waited. As his counsel was disbarred, Jacquelin said, he should ask the Court to allow him to represent himself at this juncture, and also his brother, who was still a minor. He calmly stated the series of events that had prevented their knowing before the facts that had just then been disclosed, and which made everything clear; and he asked leave to amend their bill, or to file a new one, on the ground of after-discovered evidence. With the new light thrown on the case, he traced Still’s action step by step, and suddenly wound up with a charge that Still had arrested his brother to get him out of the way and destroy the danger of his testimony. A roar of applause burst from the white men present, in whom a ray of hope began to shine once more. Jacquelin sat down. Of all the people in the court-room the Judge was the most calm. He was as motionless as a sphinx. As Jacquelin took his seat there was a brief pause of deathly stillness. “If your honor please,” he began, “I am a defendant in this case, and hold as a purchaser under the other defendant a considerable part of the property sought to be recovered by the plaintiffs. I bought it honestly and paid for it, believing that it was the land of the man from whom I bought, and I still hold it. There have been a number of things since that I have not been able to understand until now. I have observed closely all that has gone on here to-day, and have heard all that has just been said. I wish to say that, as far as I am concerned—so far as relates to the part of the property formerly belonging to Mr. Jacquelin Gray and his brother now held by me—I am satisfied. It will not be necessary for the plaintiffs to take the step that has just been proposed, of filing a new bill. From certain facts within my own knowledge, and which I did not understand before, but on which, what has just taken place has thrown a full light, I am quite satisfied. And if the complainants will prepare a proper deed reconveying the land—my part of the land—to them, I will execute it without further delay, and will make such restitution as I can. I have lost what I put into it, which is a considerable part of all I possessed in the world. But”—he paused for a second—“there is one thing I have not lost, and I do not propose to lose it. I am not willing to hold another man’s property which he lost by fraud.” (For the first time he turned and faced the Ruth, who all through the scene had been sitting beside her mother, holding her arm tightly, her face as white as her handkerchief, in a fit of uncontrollable emotion burst into tears and threw herself into her mother’s arms; and Mrs. Welch’s eyes were glistening and her face was lit by a glow which she did not always permit to rest there. Old Mr. Bagby had sat half-dazed by his client’s action—wonder, dissatisfaction, and pride all contending in his countenance for mastery. Before his client was through, pride conquered, and as Major Welch took his seat the old lawyer leant forward, placed his hand on the back of Major Welch’s and closed it firmly. That was all. As Major Welch sat down Jacquelin sprang to his feet. His face was almost as white as Major Welch’s. “If the Court please——” he began. But it was in vain that he strove to speak. Cheers for Major Welch were ringing, and the Judge, his face livid with wrath, was rapping. Jacquelin was waving his hand to quiet the crowd. “If the Court please,” he repeated, “I wish to make a statement.” “Sit down,” said the Judge, shouting angrily to the Sheriff to restore order. Jacquelin sat down, and the cheers began to subside. Leech and his associates had been struck dumb with astonishment. They gazed on Still in blank dismay, and, as Jacquelin resumed his seat, Leech leaned over and spoke The Court adjourned for the night, and the crowd poured from the court-room. As Ruth and her mother came out, the darkened green was full of groups of men all eagerly discussing the occurrence and its probable effect on the case. Major Welch’s name was on every lip. “Danged if I believe he’s a Yankee, anyway!” said a voice in the darkness as Ruth and Mrs. Welch passed by—a theory which gained this much credit: that several admitted that, “He certainly was more like our people than like Yankees.” One, after reflection, said: “Well, maybe there’s some of ’em better than them we know about.” The ladies passed on in the darkness. Hiram Still was taken over to the tavern, and Dr. Cary worked over him for hours; and later in the night the report was current that it was only a fit he had had, and that he was recovering. Meantime Leech and Still’s other counsel held a consultation, and after that Leech was closeted with the Judge in his room for an hour; and when he left, having learned that Major Welch had gone home, he mounted his horse and rode away in the darkness in the direction of Red Rock. The next morning the Judge adjourned his court for the term. The illness of Still, the chief party in the cause, was the ground assigned. It soon became known that Still was not going to give up the suit. It was authoritatively announced by Leech. What Major Welch chose to do had nothing to do with Still. “If Major Welch was fool enough,” Leech said, “to turn tail at a nigger’s lies, which he had been bribed to tell, and fling away a good plantation, it was none of their business. But they were going to fight and win their case.” The Judge left the County, and Still, having recovered sufficiently, was moved to his home. The day after the scene in the court-room Jacquelin Gray, Steve, and the General had a conference with old Mr. Bagby, and then together they called on Major Welch. They stated that, while they appreciated his action, they did not wish him to take such a step as he had proposed under the excitement of an impulse, and they would prefer to bring the proof and lay it before him to establish the facts they alleged as beyond question. “It was this that I wished to say last night,” said Jacquelin; and then added that he was quite ready to make the entry of record at once that the Major’s holding of the lands was entirely innocent. Major Welch heard his visitors through, then said he preferred not to wait; he was quite satisfied. “It might have been an impulse last night, gentlemen, but it is not an impulse now. I have reflected very deeply, you may be sure; but I am only confirmed in my intention, and my act now is that of mature deliberation. I only wish to say one thing more: that if I were capable of holding on to this land, my wife would not permit me to do so.” He did not tell the visitors that, the night before, he had been followed home by Leech, who had just come from an interview with the Judge, and who urged him, on every ground that he could think of, to reconsider his action and retract his promise; assured him of the absolute certainty of success, and gave him finally the assurance of the Judge himself, who had promised to dismiss the suit and enter the decree. Nor did he tell Jacquelin that the interview with Leech This he did not mention, and they did not learn it until long afterward. |