The chief attorney for the defense was half turned from the small counsel table where he might study the faces of the crowd. He was from Middle Indiana, serving his second term in Congress. If his party held control of the state he would go to the Senate after the next election. He was an orator of parts and a pleader of almost a national reputation. He had manly grace and he was a fine, upstanding figure of a man, and before now he had wrung victories out of many difficult cases. But he chilled to his finger-nails with apprehensions of disaster as he glanced searchingly about the close-packed room.
Wherever he looked he saw no friendliness at all. He could feel the hostility of that crowd as though it had substance and body.
It was a tangible thing; it was almost a physical thing. Why, you could almost put your hand out and touch it. It was everywhere there.
And it focussed and was summed up in the person of Aunt Tilly Haslett, rearing on the very front bench with her husband, Uncle Fayette, half hidden behind her vast and over-flowing bulk. Aunt Tilly made public opinion in Hyattsville. Indeed she was public opinion in that town. In her it had its up-comings and its out-flowings. She held herself bolt upright, filling out the front of her black bombazine basque until the buttons down its front strained at their buttonholes. With wide, deliberate strokes she fanned herself with a palm-leaf fan. The fan had an edging of black tape sewed round it – black tape signifying in that community age or mourning, or both. Her jaw was set like a steel latch, and her little gray eyes behind her steel-bowed specs were leveled with a baleful, condemning glare that included the strange lawyer, his client, his client’s wife, and all that was his client’s.
Congressman Durham looked and knew that his presence was an affront to Aunt Tilly and all those who sat with her; that his somewhat vivid tie, his silken shirt, his low tan shoes, his new suit of gray flannels – a masterpiece of the best tailor in Indianapolis – were as insults, added up and piled on, to this suspendered, gingham-shirted constituency. Better than ever he realized now the stark hopelessness of the task to which his hands were set. And he dreaded what was coming almost as much for himself as for the man he was hired to defend. But he was a trained veteran of courtroom campaigns, and there was a jauntily assumed confidence in his bearing as he swung himself about and made a brisk show of conferring with the local attorney who was to aid him in the choosing of the jurors and the questioning of the witnesses.
But it was real confidence and real jauntiness that radiated from the other wing of the inclosure, where the prosecutor sat with the assembled bar of Forked Deer County on his flanks, volunteers upon the favored side, lending to it the moral support of weight and numbers. Rankin, the dead man, having been a bachelor, State’s Attorney Gilliam could bring no lorn widow and children to mourn before the jurors’ eyes and win added sympathy for his cause. Lacking these most valued assets of a murder trial he supplied their places with the sisters of the dead man – two sparse-built elderly women in heavy black, with sweltering thick veils down over their faces. When the proper time came he would have them raise these veils and show their woeful faces, but now they sat shrouded all in crepe, fit figures of desolation and sorrow. He fussed about busily, fiddling the quill toothpick that hung perilously in the corner of his mouth and evening up the edges of a pile of law books with freckled calfskin covers. He was a lank, bony garfish of a man, with a white goatee aggressively protruding from his lower lip. He was a poor speaker but mighty as a cross-examiner, and he was serving his first term and was a candidate for another. He wore the official garbing of special and extraordinary occasions – long black coat and limp white waistcoat and gray striped trousers, a trifle short in the legs. He felt the importance of his place here almost visibly – his figure swelled and expanded out his clothes.
“Look yonder at Tom Gilliam,” said Mr. Lukins, the grocer, in tones of whispered admiration to his next-elbow neighbor, “jest prunin’ and honin’ hisse’f to git at that there Tandy and his dude Yankee lawyer. If he don’t chaw both of ‘em up together I’ll be dad-burned.”
“You bet,” whispered back his neighbor – it was Aunt Tilly’s oldest son, Fayette, Junior – “it’s like Maw says – time’s come to teach them murderin’ Kintuckians they can’t be a-comin’ down here a-killin’ up people and not pay for it. I reckon, Mr. Lukins,” added Fayette, Junior, with a wriggle of pleased anticipation, “we shore are goin’ to see some carryin’s-on in this cotehouse today.”
Mr. Lukins’ reply was lost to history because just then the judge entered – an elderly, kindly-looking man – from his chambers in the rear, with the circuit-court clerk right behind him bearing large leather-clad books and sheaves of foolscap paper. Their coming made a bustle. Aunt Tilly squared herself forward, scrooging Uncle Fayette yet farther into the eclipse of her shapeless figure. The prisoner raised his head and eyed his judge. His wife looked only at the interlaced, weaving fingers in her lap.
The formalities of the opening of a term of court were mighty soon over; there was everywhere manifest a haste to get at the big thing. The clerk called the case of the Commonwealth versus Tandy. Both sides were ready. Through the local lawyer, delegated for these smaller purposes, the accused man pleaded not guilty. The clerk spun the jury wheel, which was a painted wooden drum on a creaking wooden axle, and drew forth a slip of paper with the name of a talesman written upon it and read aloud:
“Isom W. Tolliver.”
In an hour the jury was complete: two townsmen, a clerk and a telegraph operator, and ten men from the country – farmers mainly and one blacksmith and one horse-trader. Three of the panel who owned up frankly to a fixed bias had been let go by consent of both sides. Three more were sure they could give the defendant a fair trial, but those three the local lawyer had challenged peremptorily. The others were accepted as they came. The foreman was a brownskinned, sparrowhawk-looking old man, with a smoldering brown eye. He had spare, knotted hands, like talons, and the right one was marred and twisted, with a sprayed bluish scar in the midst of the crippled knuckles like the mark of an old gunshot wound. Juror No. 4 was a stodgy old man, a small planter from the back part of the county, who fanned himself steadily with a brown-varnished straw hat. No. 7 was even older, a white-whiskered patriarch on crutches. The twelfth juryman was the oldest of the twelve – he looked to be almost seventy, but he went into the box after he had sworn that his sight and hearing and general health were good and that he still could do his ten hours a day at his blacksmith shop. This juryman chewed tobacco without pause. Twice after he took his seat at the bade end of the double line he tried for a wooden cuspidor ten feet away. Both were creditable attempts, but he missed each time. Seeing the look of gathering distress in his eyes the sheriff brought the cuspidor nearer, and thereafter No. 12 was content, chewing steadily like some bearded contemplative ruminant and listening attentively to the evidence, meanwhile scratching a very wiry head of whity-red hair with a thumbnail that through some injury had taken on the appearance of a very thick, very black Brazil nut. This scratching made a raspy, filing sound that after a while got on Congressman Durham’s nerves.
It was late in the afternoon when the prosecution rested its case and court adjourned until the following morning. The state’s attorney had not had so very much evidence to offer, really – the testimony of one who heard the single shot and ran in at Rankin’s door to find Rankin upon the floor, about dead, with a pistol, unfired, in his hand and Tandy standing against the wall with a pistol, fired, in his; the constable to whom Tandy surrendered; the physician who examined the body; the persons who knew of the quarrel between Tandy and Rankin growing out of a land deal into which they had gone partners – not much, but enough for Gilliam’s purposes. Once in the midst of examining a witness the state’s attorney, seemingly by accident, let his look fall upon the two black-robed, silent figures at his side, and as though overcome by the sudden realization of a great grief, he faltered and stopped dead and sank down. It was an old trick, but well done, and a little humming murmur like a breeze coming through treetops swept