January wind that herded the fallen leaves into piles and
then scurried them in crisp and windy gusts like flying birds
here and there. And, in spite of the sense of struggle and
tragedy in the minds of many, with an electric chair as the
shadowy mental background to it all, a sense of holiday or
festival, with hundreds of farmers, woodsmen, traders,
entering in Fords and Buicks—farmer wives and husbands
—daughters and sons—even infants in arms. And then
idling about the public square long before the time for court
to convene, or, as the hour neared, congregating before the
county jail in the hope of obtaining a glimpse of Clyde, or
before the courthouse door nearest the jail, which was to be
the one entrance to the courtroom for the public and Clyde,
and from which position they could see and assure
entrance into the courtroom itself when the time came. And
a flock of pigeons parading rather dismally along the
cornices and gutters of the upper floor and roof of the
ancient court.
And with Mason and his staff—Burton Burleigh, Earl
Newcomb, Ziflah Saunders, and a young Bridgeburg law
graduate by the name of Manigault—helping to arrange the
order of evidence as well as direct or instruct the various
witnesses and venire-men who were already collecting in
the antechamber of the now almost nationally known
attorney for the people. And with cries outside of:
“Peanuts!”“Popcorn!”“Hot dogs!”“Get the story of Clyde
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927
Griffiths, with all the letters of Roberta Alden. Only twenty-
five cents!” (This being a set of duplicate copies of
Roberta’s letters which had been stolen from Mason’s office
by an intimate of Burton Burleigh’s and by him sold to a
penny-dreadful publisher of Binghamton, who immediately
issued them in pamphlet form together with an outline of
“the great plot” and Roberta’s and Clyde’s pictures.)
And in the meantime, over in the reception or conference
room of the jail, Alvin Belknap and Reuben Jephson, side
by side with Clyde, neatly arrayed in the very suit he had
sought to sink forever in the waters of Lower Twelfth Lake.
And with a new tie and shirt and shoes added in order to
present him in his Lycurgus best. Jephson, long and lean
and shabbily dressed as usual, but with all of that iron and
power that so impressed Clyde in every line of his figure
and every movement or gesture of his body. Belknap—
looking like an Albany beau—the one on whom was to fall
the burden of the opening presentation of the case as well
as the cross-examining, now saying: “Now you’re not going
to get frightened or show any evidence of nervousness at
anything that may be said or done at any time, are you,
Clyde? We’re to be with you, you know, all through the trial.
You sit right between us. And you’re going to smile and look
unconcerned or interested, just as you wish, but never
fearful—but not too bold or gay, you know, so that they’d
feel that you’re not taking this thing seriously. You
understand—just a pleasant, gentlemanly, and sympathetic
manner all the time. And not frightened. For that will be
certain to do us and you great harm. Since you’re innocent,
you have no real reason to be frightened—although you’re
sorry, of course. You understand all that, I know, by now.”
“Yes, sir, I understand,” replied Clyde. “I will do just as you
say. Besides, I never struck her intentionally, and that’s the
truth. So why should I be afraid?” And here he looked at
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928
Jephson, on whom, for psychic reasons, he depended
most. In fact the words he had just spoken were the very
words which Jephson had so drilled into him during the two
months just past. And catching the look, Jephson now drew
closer and fixing Clyde with his gimlet and yet encouraging
and sustaining blue eyes, began:
“You’re not guilty! You’re not guilty, Clyde, see? You
understand that fully by now, and you must always believe
and remember that, because it’s true. You didn’t intend to
strike her, do you hear? You swear to that. You have sworn
it to me and Belknap here, and we believe you. Now, it
doesn’t make the least bit of difference that because of the
circumstances surrounding all this we are not going to be
able to make the average jury see this or believe it just as
you tell it. That’s neither here nor there. I’ve told you that
before. You know what the truth is—and so do we. But, in
order to get justice for you, we’ve had to get up something
else—a dummy or substitute for the real fact, which is that
you didn’t strike her intentionally, but which we cannot hope
to make them see without disguising it in some way. You
get that, don’t you?”
“Yes, sir,” replied Clyde, always over-awed and intrigued by
this man.
“And for that reason, as I’ve so often told you, we’ve
invented this other story about a change of heart. It’s not
quite true as to time, but it is true that you did experience a
change of heart there in the boat. And that’s our
justification. But they’d never believe that under all of the
peculiar circumstances, so we’re merely going to move that
change of heart up a little, see? Make it before you ever
went into that boat at all. And while we know it isn’t true that
way, still neither is the charge that you intentionally struck
her true, and they’re not going to electrocute you for
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929
something that isn’t true—not with my consent, at least.” He
looked into Clyde’s eyes for a moment more, and then
added: “It’s this way, Clyde. It’s like having to pay for
potatoes, or for suits of clothes, with corn or beans instead
of money, when you have money to pay with but when,
because of the crazy notions on the part of some one, they
won’t believe that the money you have is genuine. So
you’ve got to use the potatoes or beans. And beans is what
we’re going to give ’em. But the justification is that you’re
not guilty. You’re not guilty. You’ve sworn to me that you
didn’t intend to strike her there at the last, whatever you
might have been provoked to do at first. And that’s enough
for me. You’re not guilty.”
And here, firmly and convincingly, which was the illusion in
regard to his own attitude which he was determined to
convey to Clyde, he laid hold of his coat lapels, and after
looking fixedly into his somewhat strained and now nervous
brown eyes, added: “And now, whenever you get to feeling
weak or nervous, or if, when you go on the stand, you think
Mason is getting the best of you, I want you to remember
this—just say to yourself—I’m not guilty! I’m not guilty! And
they can’t fairly convict me unless I really am.’ And if that
don’t pull you together, look at me. I’ll be right there. All you
have to do, if you feel yourself rattled, is to look at me—
right into my eyes, just as I’m looking at you now—and then
you’ll know that I’m wanting you to brace up and do what
I’m telling you to do now—swear to the things that we are
asking you to swear to, however they may look like lies,
and however you may feel about them. I’m not going to
have you convicted for something you didn’t do, just
because you can’t be allowed to swear to what is the truth—
not if I can help it. And now that’s all.”
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930
And here he slapped him genially and heartily on the back,
while Clyde, strangely heartened, felt, for the time being at
least, that certainly he could do as he was told, and would.
And then Jephson, taking out his watch and looking first at
Belknap, then out of the nearest window through which
were to be seen the already assembled crowds—one about
the courthouse steps; a second including newspapermen
and women, newspaper photographers and artists,
gathered closely before the jail walk, and eagerly waiting to
“snap” Clyde or any one connected with this case—went
calmly on with:
“Well, it’s about time, I guess. Looks as though all
Cataraqui would like to get inside. We’re going to have
quite an audience.” And turning to Clyde once more, he
added: “Now, you don’t want to let those people disturb
you, Clyde. They’re nothing but a lot of country people
come to town to see a show.”
And then the two of them, Belknap and Jephson, going out.
And Kraut and Sissel coming in to take personal charge of
Clyde, while the two lawyers, passing amid whispers,
crossed over to the court building in the square of brown
grass beyond.
And after them, and in less than five minutes, and preceded