“That’s the weak point,” Gilman promptly admitted. “A sufficient motive is utterly lacking, if we eliminate partisan hatred. It was shown that Whalen killed him in an impulse of passion, and that alone saved him from the death penalty. But I feel that my reasoning is valid. The conviction was strengthened by Whalen’s manner and expression the other day. He never killed Brokoski, I tell you.” Gilman smote his thigh for emphasis. “Why he chooses to die in prison a silent martyr I don’t know—but the woman does.”
The governor assumed a sitting posture.
“Damn it!” exclaimed Gilman, after a momentary silence, “if those stupid police had examined the mud in the alley beneath the window that night, they would have found tracks that would have changed the course of this whole business.”
The governor bent farther forward, burying himself in an intense concentration of mind. For a time interminable to Gilman, he sat thus. His cigar went out. The ice in his glass melted, spun on the crystal brim, and sank with a tiny splash and tinkle. The little pile of burned cigarettes, the black ends of consumed cigars, the mass of tobacco ash deposited in a whisky glass, absorbed its tepid liquid, and stunk. The room grew chill, and the mists of the fountain which played in mournful solitude beneath the rocking elms in the grounds, permeated the atmosphere. The brooding night added her terrors and her cares.
Gilman took a sip of liquor, lighted a fresh cigarette, rose, and walked up and down the room. He thought of the election, so near at hand. He looked at the governor bowed there before him. What was Whalen, or the woman, or anybody to him? Let the prisoner die! What was he to the governor? John Chatham’s party needed him, his country needed him, his time needed him, mankind and human progress needed him. If he pardoned Whalen, what was to become of him? The conviction of Brokoski’s murderer alone could save him from such apparent stultification, here on the eve of an election at which, in the foolish phrase of modern politics, he sought vindication. Was this conviction possible? The bare thought halted Gilman beside the governor. He laid a hand on his shoulder.
“These abstruse propositions wouldn’t stand before a jury in a criminal court,” he said. “Let Whalen stay.”
The governor lifted his head.
“But you just now said that he was not Brokoski’s murderer.”
Gilman hesitated. When he spoke, he said:
“A jury of twelve sworn men has said that he is.”