Then Joe gave the prosecutors an illuminating and stunning surprise, and, having offered in evidence the revolver found upon Claudine, produced as his first witness a pawnbroker of Denver, who identified the weapon as one he had sold to Cory, whom he had known very well.The second witness, also a stranger, had been even more intimately acquainted with the dead man, and there began to be an uneasy comprehension of what Joe had accomplished during that prolonged absence of his which had so nearly cost the life of the little mongrel, who was at present (most blissful Respectability!)a lively convalescent in Ariel's back yard.The second witness also identified the revolver, testifying that he had borrowed it from Cory in St.
Louis to settle a question of marksmanship, and that on his returning it to the owner, the latter, then working his way eastward, had confided to him his intention of stopping in Canaan for the purpose of exercising its melancholy functions upon a man who had once "done him good" in that city.
By the time the witness had reached this point, the Prosecutor and his assistants were on their feet, excitedly shouting objections, which were promptly overruled.Taken unawares, they fought for time; thunder was loosed, forensic bellowings;everybody lost his temper--except Joe; and the examination of the witness proceeded.Cory, with that singular inspiration to confide in some one, which is the characteristic and the undoing of his kind, had outlined his plan of operations to the witness with perfect clarity.He would first attempt, so he had declared, to incite an attack upon himself by playing upon the jealousy of his victim, having already made a tentative effort in that direction.Failing in this, he would fall back upon one of a dozen schemes (for he was ready in such matters, he bragged), the most likely of which would be to play the peacemaker; he would talk of his good intentions toward his enemy, speaking publicly of him in friendly and gentle ways; then, getting at him secretly, destroy him in such a fashion as to leave open for himself the kind gate of self-defence.In brief, here was the whole tally of what had actually occurred, with the exception of the last account in the sequence which had proved that demise for which Cory had not arranged and it fell from the lips of a witness whom the prosecution had no means of impeaching.
When he left the stand, unshaken and undiscredited, after a frantic cross-examination, Joe, turning to resume his seat, let his hand fall lightly for a second upon his client's shoulder.
That was the occasion of a demonstration which indicated a sentiment favorable to the defence (on the part of at least three of the spectators); and it was in the nature of such a hammering of canes upon the bare wooden floor as effectually stopped all other proceedings instantly.The indignant Judge fixed the Colonel, Peter Bradbury, and Squire Buckalew with his glittering eye, yet the hammering continued unabated; and the offenders surely would have been conducted forth in ignominy, had not gallantry prevailed, even in that formal place.The Judge, reluctantly realizing that some latitude must be allowed to these aged enthusiasts, since they somehow seemed to belong to Miss Tabor, made his remarks general, with the time-worn threat to clear the room, whereupon the loyal survivors of Eskew relapsed into unabashed silence.
It was now, as Joe had said, a clear-enough case.
Only the case itself, however, was clear, for, as he and his friends feared, the verdict might possibly be neither in accordance with the law, the facts, nor the convictions of the jury.Eugene's defection had not altered the tone of the Tocsin.
All day long a crowd of men and boys hung about the corridors of the Court-house, about the Square and the neighboring streets, and from these rose sombre murmurs, more and more ominous.
The public sentiment of a community like Canaan can make itself felt inside a court-room;and it was strongly exerted against Happy Fear.
The Tocsin had always been a powerful agent;Judge Pike had increased its strength with a staff which was thoroughly efficient, alert, and always able to strike centre with the paper's readers; and in town and country it had absorbed the circulation of the other local journals, which resisted feebly at times, but in the matter of the Cory murder had not dared to do anything except follow the Tocsin's lead.The Tocsin, having lit the fire, fed it--fed it saltpetre and sulphur--for now Martin Pike was fighting hard.
The farmers and people of the less urban parts of the country were accustomed to found their opinions upon the Tocsin.They regarded it as the single immutable rock of journalistic righteousness and wisdom in the world.Consequently, stirred by the outbursts of the paper, they came into Canaan in great numbers, and though the pressure from the town itself was so strong that only a few of them managed to crowd into the court-room, the others joined their voices to those sombre murmurs outdoors, which increased in loudness as the trial went on.
