And yet, to subserve the dark schemes of Ames, and to lengthen the period of torture to which his victims should be subjected, the trial was dragged through many days. Besides, even he and his hirelings were bound to observe the formalities.
It was at the suggestion of Cass that no effort had been made to procure bail for Carmen after her arrest. The dramatic may always be relied upon to carry a point which even plain evidence negatives. And she, acquiescing in the suggestion, remained a full two weeks in the Tombs before Ames’s eager counsel found their opportunity to confront her on the witness stand and besmirch her with their black charges. The Beaubien was prostrated. But, knowing that for her another hour of humiliation and sorrow had come, she strove mightily to summon her strength for its advent. Father Waite toiled with Cass day and night. Hitt and Haynerd, without financial resources, pursued their way, grim and silent. The Express was sinking beneath its mountainous load. And they stood at the helm, stanch to their principles, not yielding an iota to offers of assistance in exchange for a reversal of the policy upon which the paper had been launched.
“We’re going down, Hitt,” said Haynerd grimly. “But we go with the flag flying at the mast!”
Yet Hitt answered not. He was learning to know as did Carmen, and to see with eyes which were invisible.
It was just when the jury had been impaneled, after long days of petty wrangling and childish recrimination among the opposing lawyers, that Stolz came to Ames and laid down his sword. The control of C. and R. should pass unequivocally to the latter if he would but save Ketchim from prison.
Then Ames lay back and roared with laughter over his great triumph. C. and R! Poof! He would send Stolz’ nephew to prison, and then roll a bomb along Wall Street whose detonation would startle the financial world clean out of its orbit! Stolz had failed to notice that Ames’s schemes had so signally worked out that C. and R. was practically in his hands now! The defeated railroad magnate at length backed out of the Ames office purple with rage. And then he pledged himself to hypothecate his entire fortune to the rescue of his worthless nephew.
Thus, in deep iniquity, was launched the famous trial, a process of justice in name only, serving as an outlet for a single man’s long nurtured personal animosities. The adulterous union of religion and business was only nominally before the bar. The victims, not the defendant only, not the preachers, the washerwomen, the factory girls, the widows, and the orphans, whose life savings Ketchim had drawn into his net by the lure of pious benedictions, but rather those unfortunates who had chanced to incur the malicious hatred of the great, legalized malefactor, Ames, by opposition to his selfish caprice, and whose utter defeat and discrediting before the public would now place the crown of righteous expediency upon his own chicanery and extortion and his wantonly murderous deeds.
The prosecution scored from the beginning. Doctor Jurges, utterly confused by the keen lawyers, and vainly endeavoring to follow the dictates of his conscience, while attempting to reconcile them with his many talks with Darius Borwell, gave testimony which fell little short of incriminating himself. For there were produced letters which he had written to members of his congregation, and which for subtlety and deception, though doubtless innocently done, would have made a seasoned promoter look sharp to his own laurels.
Then Harris was called. He had been summoned from Denver for the trial. But his stuttering evidence gave no advantage to either side. And then––crowning blunder!––Cass permitted Ketchim himself to take the stand. And the frightened, trembling broker gave his own cause such a blow that the prosecution might well have asked the judge to take the case from the jury then and there. It was a legal faux pas; and Cass walked the floor and moaned the whole night through.