The Turn of the Balance

XXIX

When Eades read the announcement of Hunter's departure for Italy he was first surprised, then indignant, then relieved. Hunter had reported Dick's crime in anger, the state of mind in which most criminal prosecutions are begun. The old man had trembled until Eades feared for him; as he sat there with pallid lips relating the circumstances, he was not at all the contained, mild and shrewd old financier Eades so long had known.

"We must be protected, Mr. Eades,"–he could hear the shrill cry for days–"we must be protected from these thieves! They are the worst of all, sir; the worst of all! I want this young scoundrel arrested and sent to the penitentiary right away, sir, right away!"

Eades had seen that the old man was in fear, and that in his fear he had turned to him as toward that ancient corner-stone of society, the criminal statute. And now he had fled!

Eades knew, of course, that some one had tampered with him; and, of course, the defalcation had been made good, and now Hunter would be an impossible witness. Even Eades could imagine Hunter on the stand, not as he had been in his office that day, angry, frightened, keenly conscious of his wrong and recalling minutely all the details; but senile, a little deaf, leaning forward with a hand behind his ear, a grin on his withered face, remembering nothing, not cognizant of the details of his bookkeeping–sitting there, with his money safe in his pocket, while the case collapsed, Dick was acquitted in triumph–and he, John Eades, made ridiculous.

But what was he to do? After all, in the eye of the law, Hunter was not a witness; and, besides, it was possible that, technically, the felony might not have been compounded. At any rate, if it had been he could not prove it, and as for proceeding now against Ward, that was too much to expect, too much even for him to exact of himself. When a definite case was laid before him with the evidence to support it, his duty was plain, but he was not required to go tilting after wind-mills, to investigate mere suspicions. It was a relief to resign himself to this conclusion. Now he could only wait for Hunter's return, and have him brought in when he came, but probably, in the end, it would come to nothing. Yes, it was a relief, and he could think hopefully once more of Elizabeth.

The fourteenth of May–the date for the execution of the sentence of death against Archie–was almost on him before Marriott filed his petition in error in the Appellate Court and a motion for suspension of sentence. He had calculated nicely. As the court could not hear and determine the case before the day of execution, the motion was granted, and the execution postponed. Marriott's relief was exquisite; he hastened to send a telegram to Archie, and was happy, so happy that he could laugh at the editorial which Edwards printed the next morning, calling for reforms in the criminal code which would prevent "such travesties as were evidently to be expected in the Koerner case."

Marriott could laugh, because he knew how hypocritical Edwards was, but Edwards's editorials had influence in other quarters, and Marriott more and more regretted his simple little act of kindness–or of weakness–in loaning Edwards the ten dollars. If the newspapers would desist, he felt sure that in time, when public sentiment had undergone its inevitable reaction, he might secure a commutation of Archie's sentence; but if Edwards, in order to vent his spleen, continued to keep alive the spirit of the mob, then there was little hope.

"If he could only be sent to prison for life!" said Elizabeth, as they discussed this aspect of the case. "No,"–she hastened to correct herself–"for twenty years; that would do."

"It would be the same thing," said Marriott.

"What do you mean?" Elizabeth leaned forward with a puzzled expression in her gray eyes.

"All sentences to the penitentiary are sentences for life. We pretend they're not, but if a man lives to get out–do we treat him as if he had paid the debt? No, he's a convict still. Look at Archie, for instance."

"Look at Harry Graves! Oh, Gordon,"–Elizabeth suddenly sat up and made an impatient gesture–"I can't forget him! And Gusta! And those men I saw as they were taken from the jail!"

"You mustn't worry about it; you can't help it."

"Oh, that's what they all tell me! 'Don't worry about it–you can't help it!' No! But you worried about Archie–and about"–she closed her eyes, and he watched their white lids droop in pain–"and about Dick."

"I knew them."

"Yes," she said, nodding her head, "you knew them–that explains it all. We don't know the others, and so we don't care. Some one knows them, of course, or did, once, in the beginning. It makes me so unhappy! Don't, please, ever any more tell me not to worry, or that I can't help it. Try to think out some way in which I can help it, won't you?"

Meanwhile, Edwards's editorials were doing their work. They had an effect on Eades, of course, because the Courier was the organ of his party, to which he had to look for renomination. And they produced their effect on the judges of the Appellate Court, who also belonged to that party, but, not knowing Edwards, thought his anonymous utterances the voice of the people, which, at times, in the ears of politicians sounds like the voice of God. The court heard the case early in June; in two weeks it was decided. When Marriott entered the court-room on the morning the decision was to be rendered, his heart sank. On the left of the bench were piled some law-books, and behind them, peeping surreptitiously, he recognized the transcript in the Koerner case. It was much like other transcripts, to be sure, but to Marriott it was as familiar as the features of a friend with whom one has gone through trouble. The transcript lay on the desk before Judge Gardner's empty chair and therefore he knew that the decision was to be delivered by Gardner, and he feared that it was adverse, for Gardner had been severe with him and had asked him questions during the argument.

The bailiff had stood up, rapped on his desk, and Marriott, Eades and the other lawyers in the courtroom rose to simulate a respect for the court entertained only by those who felt that they were likely to win their cases. The three judges paced solemnly in, and when they were seated and the presiding judge had made a few announcements, Gardner leaned forward, pulled the transcript toward him, balanced his gold glasses on his nose, cleared his throat, and in a deep bass voice and in a manner somewhat strained, began to announce the decision. Before he had uttered half a dozen sentences, Marriott knew that he had lost again. The decision of the lower court was affirmed in what was inevitably called by the newspapers an able opinion, and the day of Archie's death was once more fixed–this time for the twenty-first of October.

A few weeks later, Marriott saw Archie at the penitentiary. He had gone to the state capital to argue to the Supreme Court old man Koerner's case against the railroad company. Several weeks before he had tried the case in the Appellate Court, and had won, the court affirming the judgment. This case seemed now to be the only hope of the family, and Marriott was anxious to have it heard by the Supreme Court before the learned justices knew of Archie's case, lest the relation of the old man and the boy prejudice them. He felt somehow that if he failed in Archie's case, a victory in the father's case would go far to dress the balance of the scales of justice and preserve the equilibrium of things. It was noon when Marriott was at the penitentiary, and he was glad that the men who were waiting to be killed were then taking their exercise, for he was spared the depression of the death-chamber. He met Archie under the blackened locust tree in the quadrangle. Archie was hopeful that day.

"I feel lucky," said Archie. "I'll not have to punish,–think so, Mr. Marriott?"

"We've got lots of time," Marriott replied, not knowing what else to say, "the Supreme Court doesn't sit till fall."

Pritchard, the poisoner, laid his slender white hand on Archie's shoulder.

"Good boy you've got here, Mr. Marriott," he said jokingly, "but a trifle wild."

Marriott laughed, and wondered how he could laugh.

Just then a whistle blew, and the convicts in close-formed ranks filed by on their way to dinner. As they went by, one of them glanced at him with a smile of recognition; a smile which, as Marriott saw, the man at once repressed, as the convict is compelled to repress all signs of human feeling. Marriott stared, then suddenly remembered; it was a man named Brill, whom he had known years before. And he, like the rest of the world, had forgotten Brill! He had not even cast him a glance of sympathy! He felt like running after the company–but it was too late; Brill must go without the one little kindness that might have made one day, at least, happier, or if not that, shorter for him.

The last gray-garbed company marched by, the guard with his club at his shoulder. The rear of this company was brought up by a convict, plainly of the fourth grade, for he was in stripes and his head was shaved. He walked painfully, with the aid of a crooked cane, lifting one foot after the other, flinging it before him and then slapping it down uncertainly with a disagreeable sound to the pavement.

"What's the matter with that man?" asked Marriott.

"They say he has locomotor ataxia," said Beck, the death-watch, "but he's only shamming. He's no good."

XXX

Archie had lived in the death-chamber at the penitentiary for nine months. Three times had the day of his death been fixed; the first time, by Glassford for the fourteenth of May, the second time by the Appellate Court for the twenty-first of October. Then, the third time the seven justices of the Supreme Court, sitting in their black and solemn gowns, sustained the lower court, and set the day anew, this time for the twenty-third of November. Then came the race to the Pardon Board; where Marriott and Eades again fought over Archie's life. The Pardon Board refused to recommend clemency. But one hope remained–the governor. It was now the twenty-second of November–one day more. Archie waited that long afternoon in the death-chamber, while Marriott at the state house pleaded with the governor for a commutation of his sentence to imprisonment for life.

Already the prison authorities had begun the arrangements. That afternoon Archie had heard them testing the electric chair; he had listened to the thrumming of its current; twice, thrice, half a dozen times, they had turned it on. Then Jimmy Ball had come in, peered an instant, without a word, then shambled away, his stick hooked over his arm. It was very still in the death-chamber that afternoon. The eight other men confined there, like Archie, spent their days in reviving hope within their breasts; like him, they had experienced the sensation of having the day of their death fixed, and then lived to see it postponed, changed, postponed and fixed again. They had known the long suspense, the alternate rise and fall of hope, as in the courts the state had wrangled with their lawyers for their lives. Not once had Burns, the negro, twanged his guitar. Lowrie, who was writing a history of his wasted life, had allowed his labor to languish, and sat now moodily gazing at the pieces of paper he had covered with his illiterate writing. Old man Stewart, who had strangled his young wife in a jealous rage, lay on his iron cot, his long white beard spread on his breast, strangely suggestive of the appearance he soon would present in death. Kulaski, the Slav, who had slain a saloon-keeper for selling beer to his son, and never repented, was moody and morose; Belden and Waller had consented to an intermission of their quarrelsome argument about religion. The intermission had the effect of a deference to Archie; the argument was not to be resumed until after Archie's death, when he might, indeed, be supposed to have solved the problem they constantly debated, and to have no further interest in it. Pritchard, the poisoner, a quiet fellow, and Muller had ceased their interminable game of cribbage, the cards lay scattered on the table, the little pins stuck in the board where they had left them, to resume their count another time. The gloom of Archie's nearing fate hung over these men, yet none of them was thinking of Archie; each was thinking of an evening which would be to him as this evening was to Archie, unless–there was always that word "unless"; it made their hearts leap painfully.

Just outside the iron grating which separated from the antechamber the great apartment where they existed in the hope of living again, Beck, the guard, sat in his well-worn splint-bottomed chair. He had tilted it against the wall, and, with his head thrown back, seemed to slumber. His coarse mouth was open, his purple nose, thrown thus into prominence, was grotesque, his filthy waistcoat rose and stretched and fell as his flabby paunch inflated with his breathing. Beside the hot stove, just where the last shaft of the sun, falling through the barred window, could fall on her, a black cat, fat and sleek, that haunted the chamber with her uncanny feline presence, stretched herself, and yawned, curling her delicate tongue.

When Archie entered the death-chamber, there had been eleven men in it. But the number had decreased. He could remember distinctly each separate exit. One by one they had gone out, never to return. There was Mike Thomas; he would remember the horror of that to the end of his life, as, with the human habit, he expressed it to Marriott, insensible of the grim irony of the phrase in that place of deliberate death, where, after all, life persisted on its own terms and with its common phrases and symbols. The newspapers had called it a harrowing scene; the inmates of the death-chamber had whispered about it, calling it a bungle, and the affair had magnified and distorted itself to their imaginations, and they had dwelt on it with a covert morbidity. The newspapers next day were denied them, but they knew that it had required three shocks–they could count them by the thrumming of the currents, each time the prison had shaken with the howl of the awakened convicts in the cell-house. Bill Arnold, the negro who had killed a real estate agent, had been the most concerned; his day was but a week after Thomas's. The strain had been too much for Arnold; he had collapsed, raved like a maniac, then sobbed, fallen on his knees and yammered a prayer to Jimmy Ball, as if the deputy warden were a god. They had dragged him out, still on his knees, moaning "God be merciful; God be merciful."

They had missed Arnold. He was a jolly negro, who could sing and tell stories, and do buck-and-wing dancing, and, when Ball was away, and the guard's back turned, give perfect imitations of them both. They missed him out of their life in that chamber, or rather out of their death. It seemed strange to think that one minute he was among them, full of warm pulsing life and strength–and that the next, he should be dead. They missed him, as men miss a fellow with whom they have eaten and slept for months.

These men in the state shambles were there, the law had said, for murder. But this was only in a sense true. One was there, for instance, because his lawyer had made a mistake; he had not kept accurate account of his peremptory challenges; he thought he had exhausted but fifteen, whereas he had exhausted sixteen; that is, all of them, and so had been unable to remove from the jury a man whom he had irritated and offended by his persistent questioning; he had been quite sarcastic, intending to challenge the man peremptorily in a few moments. Another man was there because the judge before whom he was tried, having quarreled with his wife one morning, was out of humor all that day, and had ridiculed his lawyer, not in words, but by sneers and curlings of his lip, which could not be preserved in the record. Another–Pritchard, to be exact–was there, first, because he had been a chemist; secondly, because he, like the judge, had had a quarrel with his wife; thirdly, because his wife had died suddenly, and traces of cyanide of potassium had been found in her stomach–at least three of the four doctors who had conducted the post-mortem examination had said the traces were of cyanide of potassium–and fourthly, because a small vial was discovered in the room in which were also traces of cyanide of potassium; at least, three chemists declared the traces were those of cyanide of potassium. And all of them were there for some such reason as this, and all of them, with the possible exception of Pritchard, had taken human life. And yet each one had felt, and still felt, that the circumstances under which he had killed were such as to warrant killing; such, indeed, as to make it at the moment seem imperative and necessary, just as the State felt that in killing these men, circumstances had arisen which made it justifiable, imperative and necessary to kill.

Though Archie waited in suspense, the afternoon was short, short even beyond the shortness of November, and at five o'clock Marriott came. He lingered just outside the entrance to the chamber in the little room that was fitted up somehow like a chapel, the room in which the death chair was placed. The guard brought Archie out, and he leaned carelessly against the rail that surrounded the chair, mysterious and sinister under its draping of black oil-cloth. The rail railed off the little platform on which the chair was placed just as a chancel-rail rails off an altar, possibly because so many people regarded the chair in the same sacred light that they regarded an altar, and spoke of it as if its rite were quite as saving and sacerdotal. But Archie leaned against the rail calmly, negligently, and it made Marriott's flesh creep to see him thus unmoved and practical. He did not speak, but he looked his last question out of his blue eyes.

"The governor hasn't decided yet," Marriott said. "I've spent the afternoon with him. I've labored with him–God!" he suddenly paused and sighed in utter weariness at the recollection of the long hours in which he had clung to the governor–"I'm to see him again at eight o'clock at the executive mansion. He's to give me a final answer then."

"At eight o'clock?" The words slipped from Archie's lips as softly as his breath.

"This evening," said Marriott, dreading now the thought of fixity of time. He looked at Archie; and it was almost more than he could endure. Archie's eyes were fastened on him; his gaze seemed to cling to him in final desperation.

"Oh, in the name of God," Archie suddenly whispered, leaning toward him, his face directly in his, "do something, Mr. Marriott! something! something! I can't, I can't die to-night! If it's only a little more time–just another day–but not to-night! Not to-night! Do something, Mr. Marriott; something!"

Marriott seized Archie's hand. It was cold and wet. He wrung it as hard as he could. There were no words for such a moment as this. Words but mocked.

He saw Archie's chest heave, and the cords tighten in his swelling neck. Marriott could only look at him–this boy, for whom he had come to have an affection–so young, so strong, with the great gloom of death prematurely, unnecessarily, in his face!

But the face cleared suddenly,–Archie still could think, and he remembered–he remembered Curly, and Mason and old Dillon, and Gibbs, he recalled the only ideals he knew–like all of us, he could live up only to such ideals as he had–he remembered that he must be game. He straightened, Marriott saw the fine and supple play of the muscles of his chest, its white skin revealed through his open shirt.

"So long, Mr. Marriott," said Archie, and then turned and went back into the death-chamber.

Outside, in the twilight that was filling the quadrangle, Marriott passed along, the gloom of the place he had left filling his soul. The trusty who had conducted him to the death-chamber paced in silence by his side. He passed the great tree, gaunt and bare and black now, the tree under which he had seen that summer day these doomed men take their exercise, with the Sunday-school scholars standing by and gazing on with curious covert glances and perverted thoughts. He wished that time had paused on that day–he had had hope then; this thing as to Archie, it then had seemed, simply could not be; it might, he had felt, very well be as to those other doomed men; indeed, it seemed certain and irrevocable; but as to Archie, no, it could not be. And yet, here it was, the night before the day–and but one more hope between them and the end. He hastened on, anxious to get out of the place. Any moment the whistle might blow and he would have to wait until the men had come from their work; the gates could not be unlocked at that time, or until the men were locked again in their cells. They were passing the chapel, and suddenly he heard music–the playing of a piano. He stopped and listened. He heard the deep bass notes of Grieg's Ode to the Spring, played now with a pathos he had never known before.

"What's that?" he asked the trusty.

"That playing? That's young Ernsthauser. He's a swell piano player."

"May we look in?"

"Sure."

They entered, and stood just inside the door. A young German, in the gray convict garb, was seated at a piano, his delicate hands straying over the keys. One gas-jet burned in the wall above the piano, shedding its faint circle of light around the pianist, glistening on the dark panels of the instrument, lighting the pale face of the boy–he was but a boy–and then losing itself in the great darkness that hung thick and soft and heavy in the vast auditorium. Marriott looked and listened in silence; tears came to his eyes, a vast pity welled within him, and he knew that never again would he hear the Ode without experiencing the pity and the pain of this day. He wished, indeed, that he had not heard it. The musician played on, rapt and alone, unconscious of their presence.

"Tell me about that fellow," said Marriott, as they stole away.

"Oh, he was a musician outside. The warden lets him play. The warden likes music. I've seen him cry when Ernsthauser plays. He plays for visitors, and he picks up, they say, a good bit of money every day. The visitors, except the Sunday-schools, give him tips."