“I done a better thing ’n I knowed of whenst I voted an’ electioneered so brash fur you-uns ez floater in the legislatur’,” said Mink one day, in a burst of hopefulness. When he had sent for the lawyer to defend him, he had based his appeal for aid partly on his political services, and relied on them to atone for any deficiency of fees.
“Do it again, Mink, early and often!” And the floater’s jolly laughter rang out, jarring against the walls of the bare room, which was, however, far more cheerful for the sound.
Mink had found in the requirements of the approaching trial, urged upon his attention by the lawyer, a certain respite from his mental anguish. But in the midst of the night, griefs would beset him. In his dreams the humble, foolish individuality of the idiot boy was invested with awe, with a deep pathos, with a terrible dignity. It seemed often that he was awakened by the clutch of a hand to an imperative consciousness of the crime of which he was accused, to a torturing uncertainty of his guilt or innocence. His conscience strove in vain to reckon with him.
“Mebbe, though, the jury kin tell?” he said one morning, piteously, to his counsel, who had come cheerily in, to find him wild-eyed and haggard.
“A jury,” said the lawyer sententiously, “is the cussedness of one man multiplied by twelve.”
He had flung his somewhat portly bulk into a chair which creaked beneath his weight, and he was looking at his client with calculating keenness. He had supplemented a fair knowledge of the law with a theory of human motives, deduced from his experience among men both as a politician and before the courts. In their less complex expressions he was quick to detect them. But he was devoid of intuition, of divination. His instincts were blunt. His moral perceptions were good, but elementary. His apprehension of crime was set forth in its entirety and in due detail by the code of Tennessee with the consequent penalty prescribed by the statute. He recognized no wrong unpunishable by law. The exquisite anguish of a moral doubt, the deep, helpless, hopeless affliction of remorse, the keen, unassuaged pangs of irreparability,—he had no spiritual sense to take cognizance of these immaterial issues. If Mink, escaping by his counsel’s clever use of a technicality, should ever again think of the miller, dream of the boy weltering in the river, wake with the sound of that weird scream in his ears, Mr. Harshaw would wonder at him as a fool. As to the bar of conscience, how could that vague essence assume all the functions of a court under the constitution?
And still conning his simple alphabet of the intricate language of emotions, he interpreted the prisoner’s wan cheek and restless eyes as the expression of fear. This induced a secret irritation and an anxiety as to how he had best conduct the case, in view of his professional reputation. He had besought Mink in his own interests to be frank, and now he was perplexed by doubts of his client’s candor.
It required only a few moments’ reflection to assure himself that he had best assume, for the purposes of defense, the guilt of the prisoner until proved innocent. As he placed both hands on his knees he pursed up his lips confidentially, and with a quick sidelong glance he said,—
“We’ve got some time, though, before we have to face ’em, Mink. We’re entitled to one continuance, on account of the inflamed state of public sentiment.”
The brooding, abstracted look passed suddenly from Mink’s face, leaving it more recognizable with its wonted bright intentness.