With his fair young wife he journeyed to New York toward the end of their first month of married life. It had not required the advice or suggestion of others to rouse in him a sense of duty. He owed more to Dick Cronk than he could have hoped to repay under the most favorable of circumstances: now it seemed utterly impossible to lift the obligation. His first act was to send a large check to Joey Noakes. This was followed by numerous encouraging letters to Dick Cronk, in each of which he openly pledged himself to do all in his power to help him in his great trouble.
Dick's replies were characteristic. They were full of quaint, sarcastic references to his plight, glib comments on the close proximity of the scaffold, and bitter lamentations over the detention of his brother Ernie, whose misery and unhappiness seemed to weigh more heavily with him than his own dire predicament.
On his arrival in town David went at once to the office of the great criminal lawyer who had been engaged to defend the Cronks. There he was met by Joey Noakes, Casey (no longer a contortionist but the owner of a well-established plumbing business descended from his father) and young Ben Thompson, the newspaper man who was soon to become Ruby's husband. The man of law was brutally frank in his discussion of the case. He had gone into it very thoroughly with the two prisoners. In his mind there was no doubt as to the outcome of the trial. The men had elected to be tried jointly. Richard Cronk did not have the ghost of a hope to escape the extreme penalty; Ernest would be discharged. There did not seem to be the remotest chance of saving Dick from the gallows.
The testimony of the two prisoners would have but little weight with a jury, and there were no extenuating circumstances behind which he could go in support of his plea for leniency. The prisoners had revealed to him their motive in visiting Broadso's place, going quite fully into the details of the interview which ended in the shooting. David's surprise and horror on learning these hitherto unmentioned facts can well be imagined.
"Personally," said the lawyer, "I am inclined to the opinion that Dick Cronk tells the truth when he says Grand drew a revolver on him and that he shot in self-defense. If we can make the jury see it in that light there may be some chance for him. That is the defense I shall offer, in any event. The state, however, is in a position to make light of the plea, and with tremendous effect. It is just as plausible a theory that Grand himself drew in self-defense. The fact that Cronk fired and Grand did not will go far toward substantiating that theory in the minds of intelligent jurors. It is not at all likely that Grand, who knew the character of his visitors, could be forestalled in a shooting affair, especially if he had been the first to draw. Gentlemen, I shall do my best, but I must say to you that it is a hopeless fight. Young Cronk is perfectly indifferent as to his own fate. He seems only anxious to have his brother acquitted of complicity in the actual crime. Ernie Cronk says that he saw a revolver in Grand's hand, but, you see, he is so vitally interested that it is doubtful if his testimony will be credited. It is very black for Dick Cronk. You may as well understand the situation. We have one chance in a thousand of getting him off with a life sentence, one in a million of securing an acquittal."
The next day David and Joey went to the Tombs to see the two men. Dick came down to the visitor's cage, but Ernie stubbornly refused to see the callers.
"He's in a terrible way, David," said Dick, in explanation of his brother's attitude toward them. "You see, I'm an old hand at the business, and I advised him to talk with no one except the lawyer. It's bad policy, gabbing with everybody that comes along. Keep a close tongue in your head, that's my motto. Ernie's followin' my advice right up to the limit. He's so cussed stingy with his conversation that he won't talk to himself. I don't believe he has said fifty words out loud in the past two weeks. It's getting to be quite a joke among the other guys in here. I never knew any one to be so careful as he is. But, as I said before, he's in a bad way. It's telling on him, poor kid. He can't see anything but the rope for both of us. And then, Davy, my boy, he's got a particular reason for not seeing you. I guess you know what it is. He's a terrible proud feller, Ernie is. Not a bit like me in that respect. Now I'm willing to thank you for putting up the coin for us, and all that, and I do thank you; but Ernie—well, he's a curious kid. He can't bear to—well, you understand."
"Dick," began David as soon as the complacent rogue gave him the opportunity to break in, "I want you to tell Joey and me just how it happened. We are your best friends—"
The prisoner held up his hand, palm outward, shaking his head slowly as he spoke. "I'd be a poor example for Ernie if I blabbed after tellin' him to keep his trap shut. Excuse me, Davy. My lawyer is the only one I talk to about the case. As he's your lawyer just as much as he is mine, and more so, I guess, I don't mind if you chat with him. He can tell you all he wants to. But not me. Nix, kid. Not even to you and old Joey here, the greatest close-mouth in the business. Why, I saw Joey last winter in that pantomime out West, and he never said a word from the time the curtain went up till it went down. Talk about your tight-lipped guys! Say, he's the king of them all. He's the only actor I ever saw that wasn't kickin' for more words to conquer. These gabby actors just give me a—"
"For heaven's sake, Dick, be serious!" cried David impatiently. "You must talk to us openly, frankly about—"