In the morning nearly half the town – the white half – came to the trial, and enough of the black half to put a dark hem, like a mourning border, across the back width of the courtroom. Except that Main Street now drowsed in the heat where yesterday it had buzzed, this day might have been the day before. Again the resolute woodpecker drove his bloodied head with unimpaired energy against the tin sheathing up above. It was his third summer for that same cupola and the tin was pocked with little dents for three feet up and down. The mourning doves still pitched their lamenting note back and forth across the courthouse yard; and in the dewberry patch at the bottom of Aunt Tilly Haslett’s garden down by the creek the meadow larks strutted in buff and yellow, with crescent-shaped gorgets of black at their throats, like Old Continentals, sending their dear-piped warning of “Laziness g’wine kill you!” in at the open windows of the steamy, smelly courtroom.
The defense lost no time getting under headway. As his main witness Durham called the prisoner to testify in his own behalf. Tandy gave his version of the killing with a frankness and directness that would have carried conviction to auditors more even-minded in their sympathies. He had gone to Rankin’s office in the hope of bringing on a peaceful settlement of their quarrel. Rankin had flared up; had cursed him and advanced on him, making threats. Both of them reached for their guns then. Rankin’s was the first out, but he fired first – that was all there was to it. Gilliam shone at cross-examination; he went at Tandy savagely, taking hold like a snapping turtle and hanging on like one.
He made Tandy admit over and over again that he carried a pistol habitually. In a community where a third of the male adult population went armed this admission was nevertheless taken as plain evidence of a nature bloody-minded and desperate. It would have been just as bad for Tandy if he said he armed himself especially for his visit to Rankin – to these listeners that could have meant nothing else but a deliberate, murderous intention. Either way Gilliam had him, and he sweated in his eagerness to bring out the significance of the point. A sinister little murmuring sound,4 vibrant with menace, went purring from bench to bench when Tandy told about his pistol-carrying habit.
The cross-examination dragged along for hours. The recess for dinner interrupted it; then it went on again, Gilliam worrying at Tandy, goading at him, catching him up and twisting his words. Tandy would not be shaken, but twice under the manhandling he lost his temper and lashed back at Gilliam, which was precisely what Gilliam most desired. A flary fiery man, prone to violent outbursts – that was the inference he could draw from these blaze-ups.
It was getting on toward five o’clock before Gilliam finally let his bedeviled enemy quit the witness-stand and go back to his place between his wife and his lawyer. As for Durham, he had little more to offer. He called on Mr. Felsburg, and Mr. Felsburg gave Tandy a good name as man and boy in his home town. He called on Banker Quigley, who did the same thing in different words. For these character witnesses State’s Attorney Gilliam had few questions. The case was as good as won now, he figured; he could taste already his victory over the famous lawyer from up North, and he was greedy to hurry it forward.
The hot round hub of a sun had wheeled low enough to dart its thin red spokes in through the westerly windows when Durham called his last witness. As Judge Priest settled himself solidly in the witness chair with the deliberation of age and the heft of flesh, the leveled rays caught him full and lit up his round pink face, with the short white-bleached beard below it and the bald white-bleached forehead above. Durham eyed him half doubtfully. He looked the image of a scatter-witted old man, who would potter and philander round a long time before he ever came to the point of anything. So he appeared to the others there, too. But what Durham did not sense was that the homely simplicity of the old man was of a piece with the picture of the courtroom, that he would seem to these watching, hostile people one of their own kind, and that they would give to him in all likelihood a sympathy and understanding that had been denied the clothing merchant and the broadclothed banker.
He wore a black alpaca coat that slanted upon him in deep, longitudinal folds, and the front skirts of it were twisted and pulled downward until they dangled in long, wrinkly black teats. His shapeless gray trousers were short for him and fitted his pudgy legs closely. Below them dangled a pair of stout ankles encased in white cotton socks and ending in low-quarter black shoes. His shirt was clean but wrinkled countlessly over his front. The gnawed and blackened end of a cane pipestem stood out of his breast pocket, rising like a frosted weed stalk.
He settled himself back in the capacious oak chair, balanced upon his knees a white straw hat with a string band round the crown and waited for the question.
“What is your name?” asked Durham. “William Pitman Priest.”
Even the voice somehow seemed to fit the setting. Its high nasal note had a sort of whimsical appeal to it.
“When and where were you born?”
“In Calloway County, Kintucky, July 27, 1889.”
“What is your profession or business?”
“I am an attorney-at-law.”
“What position if any do you hold in your native state?”
“I am presidin’ judge of the first judicial district of the state of Kintucky.”
“And have you been so long?”
“For the past sixteen years.”
“When were you admitted to the bar?”
“In 1860.”
“And you have ever since been engaged, I take it, either in the practice of the law before the bar or in its administration from the bench?”
“Exceptin’ for the four years from April, 1861, to June, 1866.”
Up until now Durham had been sparring, trying to fathom the probable trend of the old judge’s expected meanderings. But in the answer to the last question he thought he caught the cue and, though none save those two knew it, thereafter it was the witness who led and the questioner who followed his lead blindly.
“And where were you during those four years?”
“I was engaged, suh, in takin’ part in the war.”
“The War of the Rebellion?”
“No, suh,” the old man corrected him gently but with firmness, “the War for the Southern Confederacy.”
There was a least bit of a stir at this. Aunt Tilly’s tape-edged palmleaf blade hovered a brief second in the wide regular arc of its sweep and the foreman of the jury involuntarily ducked his head, as if in affiance of an indubitable fact.
“Ahem!” said Durham, still feeling his way, although now he saw the path more clearly. “And on which side were you engaged?”
“I was a private soldier in the Southern army,” the old judge answered him, and as he spoke he straightened up. “Yes, suh,” he repeated, “for four years I was a private soldier in the late Southern Confederacy. Part of the time I was down here in this very country,” he went on as though he had just recalled that part of it. “Why, in the summer of ‘64 I was right here in this town. And until yistiddy I hadn’t been back since.”
He turned to the trial judge and spoke to him with a tone and manner half apologetic, half confidential.
“Your Honor,” he said, “I am a judge myself, occupyin’ in my home state a position very similar to the one which you fill here, and whilst I realize, none better, that this ain’t all accordin’ to the rules of evidence as laid down in the books, yet when I git to thinkin’ about them old soldierin’ times I find I am inclined to sort of reminiscence round a little. And I trust your Honor will pardon me if I should seem to ramble slightly?”
His tone was more than apologetic and more than confidential. It was winning. The judge upon the bench was a veteran himself. He looked toward the prosecutor.
“Has the state’s attorney any objection to this line of testimony?” he asked, smiling a little.
Certainly Gilliam had no fear that this honest-appearing old man’s wanderings could damage a case already as good as won. He smiled back indulgently