PAGE 16
No Respecter Of Persons
by
“No, sir.”
“Did you ever get it?”
“No, sir.”
“Did you ever see it?”
“No, and I don’t think it was ever writ.”
“But he has written you letters before?”
“He used to; he don’t now.”
“That will do.”
The girl took her place again behind the old man.
Cartwright rose to his feet with great dignity, walked to the chair on which rested his hat, took from it the package of papers to serve as an orator’s roll–he did not open it, and they evidently had no bearing on the case–and addressed the Judge, the package held aloft in his hand:
“Your Honor, there’s not been a particle of evidence so far produced in this court to convict this man of this crime. I have not conferred with him, and therefore do not know what answers he has to make to this infamous charge. I am convinced, however, that his own statement under oath will clear up at once any doubt remaining in the minds of this honorable jury of his innocence.”
This was said with a certain ill-concealed triumph in his voice. I saw now why he had taken the case, and saw, too, the drift of his defence–everything thus far pointed to the old hackneyed plea of an alibi. He had evidently determined on this course of action when he sat listening to the stories Bud’s father and the girl had told him as he sat beside them on the bench near the door. Their testimony, taken in connection with the uncertain testimony of the Government’s principal witness, the mail-carrier, as to the exact time of the assault, together with the prisoner’s testimony stoutly denying the crime, would insure either an acquittal or a disagreement. The first would result in his fees being paid by the court, the second would add to this amount whatever Bud’s friends could scrape together to induce him to go on with the second trial. In either case his masterly defence was good for an additional number of clients and perhaps–of votes. It is humiliating to think that any successor of Choate, Webster, or Evarts should earn his bread in this way, but it is true all the same.
“The prisoner will take the stand!” cried Cartwright, in a firm voice.
As the words left his mouth, the noise of shuffling feet and the shifting of positions for a bettor view of the prisoner became so loud that the Judge rapped for order, the clerk repeating it with the end of his ruler.
Bud lifted himself to his feet slowly (his being called was evidently as much of a surprise to him as it was to the crowded room), looked about him carelessly, his glance resting first on the girl’s face and then on the deputy beside him. He stepped clumsily down from the raised platform and shouldered his way to the witness-chair. The prosecuting attorney had evidently been amazed at the flank movement of his opponent, for he moved his position so he could look squarely in Bud’s face. As the prisoner sank into his seat, the room became hushed in silence.
Bud kissed the book mechanically, hooked his feet together and, clasping his big hands across his waist-line, settled his great body between the arms of the chair, with his chin resting on his shirt-front. Cartwright, in his most impressive manner, stepped a foot closer to Bud’s chair.
“Mr. Tilden, you have heard the testimony of the mail-carrier; now be good enough to tell the jury where you were on the night of the robbery–how many miles from this mail-sack?” and he waved his hand contemptuously toward the bag. It was probably the first time in all his life that Bud had heard any man dignify his personality with any such title.
In recognition of the compliment, Bud raised his chin slightly and fixed his eyes more intently on his questioner. Up to this time he had not taken the slightest notice of him.
“‘Bout as close’s I could git to it–’bout three feet, I should say–maybe less.”