who ruled that Titus might answer subject to a motion to
strike out his testimony if not “connected up.”
“She went there to get work,” replied Titus.
“And why did she go there to get work?”
Again objection, and the old man allowed to proceed after
the legal formalities had again been complied with.
“Well, the farm we have over there near Biltz hasn’t ever
paid so very well, and it’s been necessary for the children to
help out and Bobbie being the oldest——”
“Move to strike out!”“Strike it out.”
“‘Bobbie’ was the pet name you gave your daughter
Roberta, was it?”
“Objected to,” etc., etc. “Exception.”
“Yes, sir. ‘Bobbie’ was what we sometimes called her
around there—just Bobbie.”
And Clyde listening intently and enduring without flinching
the stern and accusing stare of this brooding Priam of the
farm, wondering at the revelation of his former sweetheart’s
pet name. He had nicknamed her “Bert”; she had never told
him that at home she was called “Bobbie.”
And amid a fusillade of objections and arguments and
rulings, Alden continuing, under the leading of Mason, to
recite how she had decided to go to Lycurgus, after receipt
of a letter from Grace Marr, and stop with Mr. and Mrs.
Newton. And after securing work with the Griffiths
Company, how little the family had seen of her until June
fifth last, when she had returned to the farm for a rest and
in order to make some clothes.
“No announcement of any plans for marriage?”
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“None.”
But she had written a number of long letters—to whom he
did not know at the time. And she had been depressed and
sick. Twice he had seen her crying, although he said
nothing, knowing that she did not want to be noticed. There
had been a few telephone calls from Lycurgus, the last on
July fourth or fifth, the day before she left, he was quite sure.
“And what did she have with her when she left?”
“Her bag and her little trunk.”
“And would you recognize the bag that she carried, if you
saw it?”
“Yes, sir.”
“Is this the bag?” (A deputy assistant district attorney
carrying forward a bag and placing it on a small stand.)
And Alden, after looking at it and wiping his eyes with the
back of his hand, announcing: “Yes, sir.”
And then most dramatically, as Mason intended in
connection with every point in this trial, a deputy assistant
carrying in a small trunk, and Titus Alden and his wife and
daughters ‘and sons all crying at the sight of it. And after
being identified by him as Roberta’s, the bag and then the
trunk were opened in turn. And the dresses made by
Roberta, some underclothing, shoes, hats, the toilet set
given her by Clyde, pictures of her mother and father and
sister and brothers, an old family cookbook, some spoons
and forks and knives and salt and pepper sets—all given
her by her grandmother and treasured by her for her
married life—held up and identified in turn.
All this over Belknap’s objection, and on Mason’s promise
to “connect it up,” which, however, he was unable to do,
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957
and the evidence was accordingly ordered “struck out.” But
its pathetic significance by that time deeply impressed on
the minds and hearts of the jurymen. And Belknap’s
criticism of Mason’s tactics merely resulting in that
gentleman bellowing, in an infuriated manner: “Who’s
conducting this prosecution, anyhow?” To which Belknap
replied: “The Republican candidate for county judge in this
county, I believe!”—thus evoking a wave of laughter which
caused Mason to fairly shout: “Your Honor, I protest! This is
an unethical and illegal attempt to inject into this case a
political issue which has nothing to do with it. It is slyly and
maliciously intended to convey to this jury that because I
am the Republican nominee for judge of the county, it is
impossible for me to properly and fairly conduct the
prosecution of this case. And I now demand an apology,
and will have it before I proceed one step further in this
case.”
Whereupon Justice Oberwaltzer, feeling that a very serious
breach of court etiquette had occurred, proceeded to
summon Belknap and Mason before him, and after listening
to placid and polite interpretations of what was meant, and
what was not meant, finally ordered, on pain of contempt,
that neither of them again refer to the political situation in
any way.
Nevertheless, Belknap and Jephson congratulating
themselves that in this fashion their mood in regard to
Mason’s candidacy and his use of this case to further it had
effectively gotten before the jury and the court.
But more and more witnesses!
Grace Marr now taking the stand, and in a glib and voluble
outpouring describing how and where she had first met
Roberta—how pure and clean and religious a girl she was,
but how after meeting Clyde on Crum Lake a great change
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had come over her. She was more secretive and evasive
and given to furnishing all sorts of false excuses for new
and strange adventures—as, for instance, going out nights
and staying late, and claiming to be places over Saturday
and Sunday where she wasn’t—until finally, because of
criticism which she, Grace Marr, had ventured to make, she
had suddenly left, without giving any address. But there
was a man, and that man was Clyde Griffiths. For having
followed Roberta to her room one evening in September or
October of the year before, she had observed her and
Clyde in the distance, near the Gilpin home. They were
standing under some trees and he had his arm around her.
And thereafter Belknap, at Jephson’s suggestion, taking her
and by the slyest type of questioning, trying to discover
whether, before coming to Lycurgus, Roberta was as
religious and conventional as Miss Marr would have it But
Miss Marr, faded and irritable, insisting that up to the day of
her meeting with Clyde on Crum Lake, Roberta had been
the soul of truth and purity, in so far as she knew.
And next the Newtons swearing to much the same thing.
And then the Gilpins, wife and husband and daughters,
each swearing to what she or he alone saw or heard. Mrs.
Gilpin as to the approximate day of Roberta’s moving into
her home with one small trunk and bag—the identical trunk
and bag identified by Titus. And thereafter seeming to live
very much alone until finally she, feeling sorry for her, had
suggested one type of contact and another, but Roberta
invariably refusing. But later, along in late November,
although she had never had the heart to say anything about
it to her because of her sweetness and general sobriety,
she and her two daughters had become aware of the fact
that occasionally, after eleven o’clock, it had seemed as
though Roberta must be entertaining some one in her
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room, but just whom she could not say. And again at this
point, on cross-examination, Belknap trying to extract any
admissions or impressions which would tend to make it look
as though Roberta was a little less reserved and puritanical
than all the witnesses had thus far painted her, but failing.
Mrs. Gilpin, as well as her husband, was plainly fond of her
and only under pressure from Mason and later Belknap
testified to Clyde’s late visits.
And then the elder daughter, Stella, testifying that during
the latter part of October or the first of November, shortly
after Roberta had taken the room, she had passed her and
a man, whom she was now able to identify as Clyde,
standing less than a hundred feet from the house, and
noticing that they were evidently quarreling she had paused
to listen. She was not able to distinguish every word of the
conversation, but upon leading questions from Mason was
able to recall that Roberta had protested that she could not
let him come into her room—“it would not look right.” And
he had finally turned upon his heel, leaving Roberta
standing with outstretched arms as if imploring him to return.
And throughout all this Clyde staring in amazement, for he
had in those days—in fact throughout his entire contact with
Roberta—imagined himself unobserved. And decidedly this
confirmed much of what Mason had charged in his opening
address—that he had willfully and with full knowledge of the
nature of the offense, persuaded Roberta to do what plainly
she had not wanted to do—a form of testimony that was
likely to prejudice the judge as well as the jury and all these
conventional people of this rural county. And Belknap,
realizing this, trying to confuse this Stella in her
identification of Clyde. But only succeeding in eliciting
information that some time in November or the early part of
December, shortly after the above incident, she had seen
Clyde arrive, a box of some kind under his arm, and knock