"The distinguished Flynn burst into a deluge of oratory."
But the prosecution had reserved a bombshell for the last, intended to annihilate the testimony of the defendant and neutralize the effect of his personality upon the jury. The assistant called in rebuttal a salesman from a large retail fire-arm store, who testified positively that the pistol in evidence had been purchased the day before the homicide. Flynn turned to the attendant, whom he knew well and cursed. These Guineas! Bought the day before! He had all the air of one who has been grossly and inexcusably deceived. He scowled at Candido, who quailed before him.
"How long do you want to sum up, gentlemen?" inquired the court. "Will twenty minutes each be sufficient?"
The distinguished Flynn burst into a deluge of oratory in which Self-Defense and The Unwritten Law played opposite one another, neither yielding precedence. His client was a hero! The instinct of every true American, of every husband, of every father, must stamp his deed as one blameless in the eyes of the Almighty, and worthy not of censure but of the approval of all honest men and lovers of virtue. At the risk of his own life he had preserved the integrity of his home and the honor of his wife. At the same time he had rid the community of a villain. Never, while the Stars and Stripes floated above their heads would an American jury on this sacred soil, consecrated by the blood of those who sacrificed their lives to liberty, etc.— He subsided, panting and mopping his forehead.
The assistant rose to reply. This explanation of the defendant that he had killed in self-defense was the last despairing effort of a guilty man to escape the consequences of his horrible crime. Of course the prisoner's own evidence was valueless. Jealousy! Calm, calculating jealousy! That was the key to this awful act. The tell-tale picture on Montaro's coat, the crimson admissions of the defendant's wife, the purchase of the pistol—all spoke for themselves. The prosecutor paused.
"Sympathy is not for the assassin," he concluded. "Think rather of his innocent victim! On the sunny shores of Calabria sits a woman, old and gray, to whom this Beppe is her joy, her pride, who thinks of him by day working in the great America across the seas, and whose heart, as the time for the harvest draws near and the exiles are coming back to work in the fields, will beat with expectation. The others will come. Father will meet daughter, and mother will meet son, and they will tell of their life in the great country of Freedom; but for her there will be no gladness—her Beppe will return no more."
The assistant sank into his seat. Candido was staring at him with wide eyes. He knew the avvocato had been talking about Calabria. Madonna! Would he ever see it again?
"Gentlemen of the jury," began his honor. "I shall first define the various degrees of murder and manslaughter."
The sun fell lower and lower over the Tombs as the judge continued his charge. The jury twisted uneasily in their chairs. Candido grew tired. This interminable flow of talk! Why did not the judge say what should be done to him at once? Millions of motes swam in the sun, and with his head resting on his forearms he watched them idly. He had always loved the sun. A warm lassitude stole over him. On Sundays he had spent whole mornings curled up on a bench in Seward Park with Maria and the bambino beside him. How funnily the motes danced about! He smiled drowsily at them. Some were so tiny as to be almost invisible, and some were really large—if you half closed your eyes and one got near it seemed almost as big as a cat—fluffy like a cat. Those little, tiny motes would float out of nowhere into the band of sunshine and sink and dart across it, vanishing into nothingness. Candido amused himself by blowing millions of them into eternity. He himself was just like that. Out of the black, into the warm sun for a little while, and then—pouf!