An American Tragedy by Theodore Dreiser

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“Well, now if we wanted to we could have him have that

camera of his in his hand or not, just as you think fit”

“Yes, I see what you’re driving at.”

“Well, whether he keeps it in his hand or doesn’t, there’s

some misstep on his part or hers, just as he says, or just

the motion of the two bodies, causes the boat to go over,

and he strikes her, or not, just as you think fit, but

accidentally, of course.”

“Yes, I see, and I’ll be damned!” exclaimed Belknap. “Fine,

Reuben! Excellent! Wonderful, really!”

“And the boat strikes her too, as well as him, a little, see?”

went on Jephson, paying no attention to this outburst, so

interested was he in his own plot, “and makes him a little

dizzy, too.”

“I see.”

“And he hears her cries and sees, her, but he’s a little

stunned himself, see? And by the time he’s ready to do

something——”

“She’s gone,” concluded Belknap, quietly. “Drowned. I get

you.”

“And then, because of all those other suspicious

circumstances and false registrations—and because now

she’s gone and he can’t do anything more for her, anyhow—

her relatives might not want to know her condition, you know

——”

“I see.”

“He slips away, frightened, a moral coward, just as we’ll

have to contend from the first, anxious to stand well with his

uncle and not lose his place in this world. Doesn’t that

explain it?”

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“About as well as anything could explain it, Reuben, I think.

In fact, I think it’s a plausible explanation and I congratulate

you. I don’t see how any one could hope to find a better. If

that doesn’t get him off, or bring about a disagreement, at

least we might get him off with, well, say, twenty years,

don’t you think?” And very much cheered, he got up, and

after eyeing his long, thin associate admiringly, added:

“Fine!” while Jephson, his blue eyes for all the world like

windless, still pools, looked steadily back.

“But of course you know what that means?” Jephson now

added, calmly and softly.

“That we have to put him on the witness stand? Surely,

surely. I see that well enough. But it’s his only chance.”

“And he won’t strike people as a very steady or convincing

fellow, I’m afraid—too nervous and emotional.”

“Yes, I know all that,” replied Belknap, quickly. “He’s easily

rattled. And Mason will go after him like a wild bull. But we’ll

have to coach him as to all this—drill him. Make him

understand that it’s his only chance—that his very life

depends on it. Drill him for months.”

“If he fails, then he’s gone. If only we could do something to

give him courage—teach him to act it out.” Jephson’s eyes

seemed to be gazing directly before him at the very

courtroom scene in which Clyde on the stand would have

Mason before him. And then picking up Roberta’s letters

(copies of them furnished by Mason) and looking at them,

he concluded: “If it only weren’t for these—here.” He

weighed them up and down in his hand. “Christ!” he finally

concluded, darkly. “What a case! But we’re not licked yet,

not by a darn sight! Why, we haven’t begun to fight yet. And

we’ll get a lot of publicity, anyhow. By the way,” he added,

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“I’m having a fellow I know down near Big Bittern dredge for

that camera to-night. Wish me luck.”

“Do I?” was all Belknap replied.

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Chapter 17

THE struggle and excitement of a great murder trial!

Belknap and Jephson, after consulting with Brookhart and

Catchuman, learning that they considered Jephson’s plan

“perhaps the only way,” but with as little reference to the

Griffiths as possible.

And then at once, Messrs. Belknap and Jephson issuing

preliminary statements framed in such a manner as to show

their faith in Clyde, presenting him as being, in reality, a

much maligned and entirely misunderstood youth, whose

intentions and actions toward Miss Alden were as different

from those set forth by Mason as white from black. And

intimating that the undue haste of the district attorney in

seeking a special term of the Supreme Court might possibly

have a political rather than a purely legal meaning. Else

why the hurry, especially in the face of an approaching

county election? Could there be any plan to use the results

of such a trial as this to further any particular person’s, or

group of persons’, political ambitions? Messrs. Belknap and

Jephson begged to hope not.

But regardless of such plans or the prejudices or the

political aspirations of any particular person or group, the

defense in this instance did not propose to permit a boy as

innocent as Clyde, trapped by circumstances—as counsel

for the defense would be prepared to show—to be

railroaded to the electric chair merely to achieve a victory

for the Republican party in November. Furthermore, to

combat these strange and yet false circumstances, the

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defense would require a considerable period of time to

prepare its case. Therefore, it would be necessary for them

to file a formal protest at Albany against the district

attorney’s request to the governor for a special term of the

Supreme Court. There was no need for the same, since the

regular term for the trial of such cases would fall in January,

and the preparation of their case would require that much

time.

But while this strong, if rather belated, reply was listened to

with proper gravity by the representatives of the various

newspapers, Mason vigorously pooh-poohed this “windy”

assertion of political plotting, as well as the talk of Clyde’s

innocence. “What reason have I, a representative of all the

people of this county, to railroad this man anywhere or

make one single charge against him unless the charges

make themselves? Doesn’t the evidence itself show that he

did kill this girl? And has he ever said or done one thing to

clear up any of the suspicious circumstances? No! Silence

or lies. And until these circumstances are disproved by

these very able gentlemen, I am going right ahead. I have

all the evidence necessary to convict this young criminal

now. And to delay it until January, when I shall be out of

office, as they know, and when a new man will have to go

over all this evidence with which I have familiarized myself,

is to entail great expense to the county. For all the

witnesses I have gotten together are right here now, easy

to bring into Bridgeburg without any great expense to the

county. But where will they be next January or February,

especially after the defense has done its best to scatter

them? No, sir! I will not agree to it. But, if within ten days or

two weeks from now even, they can bring me something

that will so much as make it look as though even some of

the charges I have made are not true, I’ll be perfectly willing

to go before the presiding judge with them, and if they can

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show him any evidence they have or hope to have, or that

there are any distant known witnesses to be secured who

can help prove this fellow’s innocence, why, then, well and

good. I’ll be willing to ask the judge to grant them as much

time as he may see fit, even if it throws the trial over until I

am out of office. But if the trial comes up while I’m here, as I

honestly hope it will, I’ll prosecute it to the best of my ability,

not because I’m looking for an office of any kind but

because I am now the district attorney and it is my duty to

do so. And as for my being in politics, well, Mr. Belknap is in

politics, isn’t he? He ran against me the last time, and I

hear he desires to run again.”

Accordingly he proceeded to Albany further to impress

upon the Governor the very great need of an immediate

special term of the Court so that Clyde might be indicted.

And the Governor, hearing the personal arguments of both

Mason and Belknap, decided in favor of Mason, on the

ground that the granting of a special term did not militate

against any necessary delay of the trial of the case, since

nothing which the defense as yet had to offer seemed to

indicate that the calling of a special term was likely in any

way to prevent it from obtaining as much time wherein to try

the case as needed. Besides, it would be the business of

the Supreme Court justice appointed to consider such

arguments—not himself. And accordingly, a special term of

the Supreme Court was ordered, with one Justice Frederick

Oberwaltzer of the eleventh judicial district designated to

preside. And when Mason appeared before him with the