“That’s right, Alvin, it’s mostly up to you now, I’m sorry.
But in the meantime, I think I’ll go around to the jail and try and hearten ’im up a bit.
It won’t do to let him look too winged or lame tomorrow.
He has to sit up and make the jury feel that he, himself, feels that he isn’t guilty whatever they think.”
And rising he shoved his hands in the side pockets of his long coat and proceeded through the winter’s dark and cold of the dreary town to see Clyde. ? Chapter 26
T he remainder of the trial consisted of the testimony of eleven witnesses — four for Mason and seven for Clyde.
One of the latter — a Dr. A. K. Sword, of Rehobeth — chancing to be at Big Bittern on the day that Roberta’s body was returned to the boat-house, now declared that he had seen and examined it there and that the wounds, as they appeared then, did not seem to him as other than such as might have been delivered by such a blow as Clyde admitted to having struck accidentally, and that unquestionably Miss Alden had been drowned while conscious — and not unconscious, as the state would have the jury believe — a result which led Mason into an inquiry concerning the gentleman’s medical history, which, alas, was not as impressive as it might have been. He had been graduated from a second-rate medical school in Oklahoma and had practised in a small town ever since.
In addition to him — and entirely apart from the crime with which Clyde was charged — there was Samuel Yearsley, one of the farmers from around Gun Lodge, who, driving over the road which Roberta’s body had traveled in being removed from Big Bittern to Gun Lodge, now earnestly swore that the road, as he had noticed in driving over it that same morning, was quite rough — making it possible for Belknap, who was examining him, to indicate that this was at least anapproximate cause of the extra- severity of the wounds upon Roberta’s head and face.
This bit of testimony was later contradicted, however, by a rival witness for Mason — the driver for Lutz Brothers, no less, who as earnestly swore that he found no ruts or rough places whatsoever in the road.
And again there were Liggett and Whiggam to say that in so far as they had been able to note or determine, Clyde’s conduct in connection with his technical efforts for Griffiths & Company had been attentive, faithful and valuable.
They had seen no official harm in him.
And then several other minor witnesses to say that in so far as they had been able to observe his social comings and goings, Clyde’s conduct was most circumspect, ceremonious and guarded.
He had done no ill that they knew of.
But, alas, as Mason in cross- examining them was quick to point out, they had never heard of Roberta Alden or her trouble or even of Clyde’s social relationship with her.
Finally many small and dangerous and difficult points having been bridged or buttressed or fended against as well as each side could, it became Belknap’s duty to say his last word for Clyde.
And to this he gave an entire day, most carefully, and in the spirit of his opening address, retracing and emphasizing every point which tended to show how almost unconsciously, if not quite innocently, Clyde had fallen into the relationship with Roberta which had ended so disastrously for both.
Mental and moral cowardice, as he now reiterated, inflamed or at least operated on by various lacks in Clyde’s early life, plus new opportunities such as previously had never appeared to be within his grasp, had affected his “perhaps too pliable and sensual and impractical and dreamy mind.”
No doubt he had not been fair to Miss Alden.
No question as to that.
He had not.
But on the other hand — and as had been most clearly shown by the confession which the defense had elicited — he had not proved ultimately so cruel or vile as the prosecution would have the public and this honorable jury believe.
Many men were far more cruel in their love life than this young boy had ever dreamed of being, and of course they were not necessarily hung for that.
And in passing technically on whether this boy had actually committed the crime charged, it was incumbent upon this jury to see that no generous impulse relating to what this poor girl might have suffered in her love-relations with this youth be permitted to sway them to the belief or decision that for that this youth had committed the crime specifically stated in the indictment.
Who among both sexes were not cruel at times in their love life, the one to the other?
And then a long and detailed indictment of the purely circumstantial nature of the evidence — no single person having seen or heard anything of the alleged crime itself, whereas Clyde himself had explained most clearly how he came to find himself in the peculiar situation in which he did find himself.
And after that, a brushing aside of the incident of the folder, as well as Clyde’s not remembering the price of the boat at Big Bittern, his stopping to bury the tripod and his being so near Roberta and not aiding her, as either being mere accidents of chance, or memory, or, in the case of his failing to go to her rescue, of his being dazed, confused, frightened —“hesitating fatally but not criminally at the one time in his life when he should not have hesitated”— a really strong if jesuitical plea which was not without its merits and its weight.
And then Mason, blazing with his conviction that Clyde was a murderer of the coldest and blackest type, and spending an entire day in riddling the “spider’s tissue of lies and unsupported statements” with which the defense was hoping to divert the minds of the jury from the unbroken and unbreakable chain of amply substantiated evidence wherewith the prosecution had proved this “bearded man” to be the “red-handed murderer” that he was.
And with hours spent in retracing the statements of the various witnesses.
And other hours in denouncing Clyde, or re-telling the bitter miseries of Roberta — so much so that the jury, as well as the audience, was once more on the verge of tears.
And with Clyde deciding in his own mind as he sat between Belknap and Jephson, that no jury such as this was likely to acquit him in the face of evidence so artfully and movingly recapitulated.
And then Oberwaltzer from his high seat finally instructing the jury:
“Gentlemen — all evidence is, in a strict sense, more or less circumstantial, whether consisting of facts which permit the inference of guilt or whether given by an eyewitness.
The testimony of an eyewitness is, of course, based upon circumstances.
“If any of the material facts of the case are at variance with the probability of guilt, it will be the duty of you gentlemen to give the defendant the benefit of the doubt raised.
“And it must be remembered that evidence is not to be discredited or decried because it is circumstantial.
It may often be more reliable evidence than direct evidence.
“Much has been said here concerning motive and its importance in this case, but you are to remember that proof of motive is by no means indispensable or essential to conviction.
While a motive may be shown as a CIRCUMSTANCE to aid in FIXING a crime, yet the people are not required to prove a motive.
“If the jury finds that Roberta Alden accidentally or involuntarily fell out of the boat and that the defendant made no attempt to rescue her, that does not make the defendant guilty and the jury must find the defendant ‘not guilty.’
On the other hand, if the jury finds that the defendant in any way, intentionally, there and then brought about or contributed to that fatal accident, either by a blow or otherwise, it must find the defendant guilty.
“While I do not say that you must agree upon your verdict, I would suggest that you ought not, any of you, place your minds in a position which will not yield if after careful deliberation you find you are wrong.”
So, Justice Oberwaltzer — solemnly and didactically from his high seat to the jury.
And then, that point having been reached, the jury rising and filing from the room at five in the afternoon.
And Clyde immediately thereafter being removed to his cell before the audience proper was allowed to leave the building. There was constant fear on the part of the sheriff that he might be attacked.
And after that five long hours in which he waited, walking to and fro, to and fro, in his cell, or pretending to read or rest, the while Kraut or Sissel, tipped by various representatives of the press for information as to how Clyde “took it” at this time, slyly and silently remained as near as possible to watch.
And in the meantime Justice Oberwaltzer and Mason and Belknap and Jephson, with their attendants and friends, in various rooms of the Bridgeburg Central Hotel, dining and then waiting impatiently, with the aid of a few drinks, for the jury to agree, and wishing and hoping that the verdict would be reached soon, whatever it might be.
And in the meantime the twelve men — farmers, clerks and storekeepers, re-canvassing for their own mental satisfaction the fine points made by Mason and Belknap and Jephson.
Yet out of the whole twelve but one man — Samuel Upham, a druggist —(politically opposed to Mason and taken with the personality of Jephson)— sympathizing with Belknap and Jephson.
And so pretending that he had doubts as to the completeness of Mason’s proof until at last after five ballots were taken he was threatened with exposure and the public rage and obloquy which was sure to follow in case the jury was hung.
“We’ll fix you.