What it was no one but ourselves knew but Kahn was not himself. Others saw it, but did not understand. They had waited patiently through the sledge-hammer pounding of Carton, waiting expectantly for Kahn to explode a mine that would demolish the work of the District Attorney as if it had been so much paper. Carton had figuratively dampened the fuse. It sputtered, but the mine did not explode.
Once or twice there were flashes of the old Kahn, but for the most part he seemed to have crumpled up. Often I thought he was not the equal of even a police court lawyer. The spectators seemed to know that something was wrong, though they could not tell just what it was. Kahn's colleagues whispered among themselves. He made his points, but they lacked the fire and dash and audacity that once had caused the epigram that Kahn's appearance in court indicated two things—the guilt of the accused and a verdict of acquittal.
Even Justice Pomeroy seemed to notice it. Kahn had tried many a case before him and the old judge had a wholesome respect for the wiley lawyer. But to-day the court found nothing so grave as the strange dilatoriness of the counsel.
Once the judge had to interfere with the remark, "I may remind the learned counsel for the defence that the court intends to finish this case before adjournment for the day, if possible; if not, then we shall sit to-night."
Kahn seemed not to grasp the situation, as he had of old. He actually hurried up the presentation of the case, oblivious to the now black looks that were directed at him by his own client. If he had expected to recover his old-time equanimity as the case proceeded, he failed. For no one better than he knew what that little photograph of Carton's meant—disgrace, disbarment, perhaps prison itself. What was this Dopey Jack when ruin stared himself so relentlessly in the face in the person of Carton, calm and cool?
At last the summing up was concluded and both sides rested. Judge Pomeroy charged the jury, I thought with eminent fairness and impartiality, even, perhaps, glossing over some points which Kahn's weak presentation might have allowed him to make more of if Kahn had been bolder and stronger in pressing them.
The jury filed out and the anxious waiting began. On all sides was the buzz of conversation. Kahn himself sat silent, gazing for the most part at the papers before him. There must have been some wrangling of the jury, for twice hope of the gangsters revived when they sent in for the record.
But it was not over an hour later when the jury finally filed back again into their box. As Judge Pomeroy faced them and asked the usual question, the spectators hung, breathless, on the words of the foreman as the jurors stood up silently in their places. There was a tense hush in the courtroom, as every eye was fastened on the face of the foreman.
The hush seemed to embarrass him. But finally he found his voice. Nervously, as if he were taking his own life in his hands he delivered the verdict.
"We find the defendant guilty as charged in the indictment!"