there was about Jephson a hard, integrated earnestness
which soon convinced Clyde of his technical, if not his
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emotional interest. And after a while he began looking
toward this younger man, even more than toward Belknap
as the one who might do most for him.
“Of course, you know that those letters which Miss Alden
wrote you are very strong?” began Jephson, after hearing
Clyde restate his story.
“Yes, sir.”
“They’re very sad to any one who doesn’t know all of the
facts, and on that account they are likely to prejudice any
jury against you, especially when they’re put alongside Miss
Finchley’s letters.”
“Yes, I suppose they might,” replied Clyde, “but then, she
wasn’t always like that, either. It was only after she got in
trouble and I wanted her to let me go that she wrote like
that.”
“I know. I know. And that’s a point we want to think about
and maybe bring out, if we can. If only there were some
way to keep those letters out,” he now turned to Belknap to
say. Then, to Clyde, “but what I want to ask you now is this
—you were close to her for something like a year, weren’t
you?”
“Yes.”
“In all of that time that you were with her, or before, was
she ever friendly, or maybe intimate, with any other young
man anywhere—that is, that you know of?”
As Clyde could see, Jephson was not afraid, or perhaps not
sufficiently sensitive, to refrain from presenting any thought
or trick that seemed to him likely to provide a loophole for
escape. But, far from being cheered by this suggestion, he
was really shocked. What a shameful thing in connection
with Roberta and her character it would be to attempt to
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introduce any such lie as this. He could not and would not
hint at any such falsehood, and so he replied:
“No, sir. I never heard of her going with any one else. In
fact, I know she didn’t.”
“Very good! That settles that,” snapped Jephson. “I judged
from her letters that what you say is true. At the same time,
we must know all the facts. It might make a very great
difference if there were some one else.”
And at this point Clyde could not quite make sure whether
he was attempting to impress upon him the value of this as
an idea or not, but just the same he decided it was not right
even to consider it. And yet he was thinking: If only this
man could think of a real defense for me! He looks so
shrewd.
“Well, then,” went on Jephson, in the same hard, searching
tone, devoid, as Clyde saw it, of sentiment or pity of any
kind, “here’s something else I want to ask you. In all the
time that you knew her, either before you were intimate with
her or afterwards, did she ever write you a mean or
sarcastic or demanding or threatening letter of any kind?”
“No, sir, I can’t say that she ever did,” replied Clyde, “in fact,
I know she didn’t. No, sir. Except for those few last ones,
maybe—the very last one.”
“And you never wrote her any, I suppose?”
“No, sir, I never wrote her any letters.”
“Why”
“Well, she was right there in the factory with me, you see.
Besides at the last there, after she went home, I was afraid
to.”
“I see.”
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At the same time, as Clyde now proceeded to point out,
and that quite honestly, Roberta could be far from sweet-
tempered at times—could in fact be quite determined and
even stubborn. And she had paid no least attention to his
plea that her forcing him to marry her now would ruin him
socially as well as in every other way, and that even in the
face of his willingness to work along and pay for her support
—an attitude which, as he now described it, was what had
caused all the trouble—whereas Miss Finchley (and here he
introduced an element of reverence and enthusiasm which
Jephson was quick to note) was willing to do everything for
him.
“So you really loved that Miss Finchley very much then, did
you?”
“Yes, sir.”
“And you couldn’t care for Roberta any more after you met
her?”
“No, no. I just couldn’t.”
“I see,” observed Jephson, solemnly nodding his head, and
at the same time meditating on how futile and dangerous,
even, it might be to let the jury know that. And then thinking
that possibly it were best to follow the previous suggestion
of Belknap’s, based on the customary legal proceeding of
the time, and claim insanity, or a brain storm, brought about
by the terrifying position in which he imagined himself to be.
But apart from that he now proceeded:
“You say something came over you when you were in the
boat out there with her on that last day—that you really
didn’t know what you were doing at the time that you struck
her?”
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“Yes, sir, that’s the truth.” And here Clyde went on to
explain once more just what his state was at that time.
“All right, all right, I believe you,” replied Jephson,
seemingly believing what Clyde said but not actually able to
conceive it at that. “But you know, of course, that no jury, in
the face of all these other circumstances, is going to believe
that,” he now announced. “There are too many things that’ll
have to be explained and that we can’t very well explain as
things now stand. I don’t know about that idea.” He now
turned and was addressing Belknap. “Those two hats, that
bag—unless we’re going to plead insanity or something like
that. I’m not so sure about all this. Was there ever any
insanity” in your family that you know of?” he now added,
turning to Clyde once more.
“No, sir, not that I know of.”
“No uncle or cousin or grandfather who had fits or strange
ideas or anything like that?”
“Not that I ever heard of, no, sir.”
“And your rich relatives down there in Lycurgus—I suppose
they’d not like it very much if I were to step up and try to
prove anything like that?”
“I’m afraid they wouldn’t, no, sir,” replied Clyde, thinking of
Gilbert.
“Well, let me see,” went on Jephson after a time. “That
makes it rather hard. I don’t see, though, that anything else
would be as safe.” And here he turned once more to
Belknap and began to inquire as to what he thought of
suicide as a theory, since Roberta’s letters themselves
showed a melancholy trend which might easily have led to
thoughts of suicide. And could they not say that once out on
the lake with Clyde and pleading with him to marry her, and
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he refusing to do so, she had jumped overboard. And he
was too astounded and mentally upset to try to save her.
“But what about his own story that the wind had blown his
hat off, and in trying to save that he upset the boat?”
interjected Belknap, and exactly as though Clyde were not
present.
“Well, that’s true enough, too, but couldn’t we say that
perhaps, since he was morally responsible for her
condition, which in turn had caused her to take her life, he
did not want to confess to the truth of her suicide?”
At this Clyde winced, but neither now troubled to notice him.
They talked as though he was not present or could have no
opinion in the matter, a procedure which astonished but by
no means moved him to object, since he was feeling so
helpless.
“But the false registrations! The two hats—the suit—his
bag!” insisted Belknap staccatically, a tone which showed
Clyde how serious Belknap considered his predicament to
be.
“Well, whatever theory we advance, those things will have
to be accounted for in some way,” replied Jephson,
dubiously. “We can’t admit the true story of his plotting
without an insanity plea, not as I see it—at any rate. And
unless we use that, we’ve got that evidence to deal with
whatever we do.” He threw up his hands wearily and as if to
say: I swear I don’t know what to do about this.
“But,” persisted Belknap, “in the face of all that, and his
refusal to marry her, after his promises referred to in her
letters—why, it would only react against him, so that public
opinion would be more prejudiced against him than ever.
No, that won’t do,” he concluded. “We’ll have to think of
something which will create some sort of sympathy for him.”
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And then once more turning to Clyde as though there had
been no such discussion. And looking at him as much as to
say: “You are a problem indeed.” And then Jephson,
observing: “And, oh, yes, that suit you dropped in that lake
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