PAGE 19
No Respecter Of Persons
by
The trout-fly settled all doubts in my mind as to his origin and his identity. He was not a “moonshiner”; he was my old trout fisherman, Jonathan Gordon, come back to life, even to his streaming, unkempt beard, leathery skin, thin, peaked nose, and deep, searching eyes. That the daisies which Jonathan loved were at that very moment blooming over his grave up in his New Hampshire hills, and had been for years back, made no difference to me. I could not be mistaken. The feeble old man sitting within ten feet of me, fidgeting about in his chair, the glare of the big windows flooding his face with light, his long legs tucked under him, his bony hands clasped together, the scanty gray hair adrift over his forehead, his slouch hat hooked over his knee, was my own Jonathan come back to life. His dog, George, too, was somewhere within reach, and so were his fishing-pole and creel, with its leather shoulder-band polished like a razor-strop. You who read this never saw Jonathan, perhaps, but you can easily carry his picture in your mind by remembering some one of the other old fellows you used to see on Sunday mornings hitching their horses to the fence outside of the country church, or sauntering through the woods with a fish-pole over their shoulders and a creel by their sides, or with their heads together on the porch of some cross-roads store, bartering eggs and butter for cotton cloth and brown sugar. All these simple-minded, open-aired, out-of-doors old fellows, with the bark on them, are very much alike.
The only difference between the two men lay in the expression of the two faces. Jonathan always looked straight at you when he talked, so that you could fathom his eyes as you would fathom a deep pool that mirrored the stars. This old man’s eyes wavered from one to another, lighting first on the jury, then on the buzzard of a District Attorney, and then on the Judge, with whom rested the freedom which meant life or which meant imprisonment: at his age–death. This wavering look was the look of a dog who had been an outcast for weeks, or who had been shut up with a chain about his throat; one who had received only kicks and cuffs for pats of tenderness–a cringing, pleading look ready to crouch beneath some fresh cruelty.
This look, as the trial went on and the buzzard of an attorney flapped out his denunciations, deepened to an expression of abject fear. In trying to answer the questions hurled at him, he would stroke his parched throat mechanically with his long fingers as if to help the syllables free themselves. In listening to the witnesses he would curve his body forward, one skinny hand cupped behind his ear, his jaw dropping slowly, revealing the white line of the lips above the straggling beard. Now and then as he searched the eyes of the jury there would flash out from his own the same baffled, anxious look that comes into dear old Joe Jefferson’s face when he stops half-way up the mountain and peers anxiously into the eyes of the gnomes who have stolen out of the darkness and are grouping themselves silently about him–a look expressing one moment his desire to please and the next his anxiety to escape.
There was no doubt about the old man’s crime, not the slightest. It had been only the tweedledum and tweedledee of the law that had saved him the first time. They would not serve him now. The evidence was too conclusive, the facts too plain. The “deadwood,” as such evidence is called by the initiated, lay in heaps–more than enough to send him to State prison for the balance of his natural life. The buzzard of a District Attorney who had first scented out his body with an indictment, and who all these eleven months and ten days had sat with folded wings and hunched-up shoulders, waiting for his final meal–I had begun to dislike him in the Bud Tilden trial, but I hated him now (a foolish, illogical prejudice, for he was only doing his duty as he saw it)–had full control of all the “deadwood”; had it with him, in fact. There were not only some teaspoonfuls of the identical whiskey which this law-breaker had sold, all in an eight-ounce vial properly corked and labelled, but there was also the identical silver dime which had been paid for it. One of the jury was smelling this whiskey when I entered the court-room; another was fingering the dime. It was a good dime, and bore the stamp of the best and greatest nation on the earth. On one side was the head of the Goddess of Liberty and on the other was the wreath of plenty: some stalks of corn and the bursting heads of wheat, with one or two ivy leaves twisted together, suggesting honor and glory and achievement. The “deadwood”–the evidence–was all right. All that remained was for the buzzard to flap his wings once or twice in a speech; then the jury would hold a short consultation, a few words would follow from the presiding Judge, and the carcass would be ready for the official undertaker, the prison Warden.