An American tragedy, v. 2

by Theodore Dreiser

And then, that point having been reached, the jury rising and filing from the room at five in the afternoon. And Clyde immediately thereafter being removed to his cell before the audience proper was allowed to leave the building. There was constant fear on the part of the sheriff that he might be attacked. And after that five long hours in which he waited, walking to and fro, to and fro, in his cell, or pretending to read or rest, the while Kraut or Sissell, tipped by various representatives of the press for information as to how Clyde "took it" at this time, slyly and silently remained as near as possible to watch.

And in the meantime Justice Oberwaltzer and Mason and Belknap and Jephson, with their attendants and friends, in various rooms of the Bridgeburg Central Hotel, dining and then waiting impatiently, with the aid of a few drinks, for the jury to agree, and wishing and hoping that the verdict would be reached soon, whatever it might be.

And in the meantime the twelve men—farmers, clerks, and storekeepers, re-canvassing for their own mental satisfaction the fine points made by Mason and Belknap and Jephson. Yet out of the whole twelve but one man—Samuel Upham, a druggist—(politically opposed to Mason and taken with the personality of Jephson)—sympathizing with Belknap and Jephson. And so pretending that he had doubts as to the completeness of Mason's proof until at last after five ballots were taken he was threatened with exposure and the public rage and obloquy which was sure to follow in case the jury was hung. "We'll fix you. You won't get by with this without the public knowing exactly where you stand." Whereupon, having a satisfactory drug business in North Mansfield, he at once decided that it was best to pocket this opposition to Mason and agree.

Then four hollow knocks on the door leading from the jury room to the court room. It was the foreman of the jury, Foster Lund, a dealer in cement, lime and stone. His great fist was knocking. And at that the hundreds who had crowded into the hot stuffy court room after dinner—though many had not even left—stirred from the half stupor into which they had fallen. "What's that? What's happened? Is the jury ready to report? What's the verdict?" And men and women and children starting up to draw nearer the excluding rail. And the two deputies on guard before the jury door beginning to call, "All right! All right! As soon as the judge comes." And then other deputies hurrying to the prison over the way in order that the sheriff might be notified and Clyde brought over—and to the Bridgeburg Central Hotel to summon Oberwaltzer and all the others. And then Clyde, in a half stupor or daze from sheer loneliness and killing suspense, being manacled to Kraut and led over between Slack, Sissell and others. And Oberwaltzer, Mason, Belknap and Jephson and the entire company of newspaper writers, artists, photographers and others entering and taking the places that they had occupied all these long weeks. And Clyde winking and blinking as he was seated behind Belknap and Jephson now—not with them, for as stoutly manacled as he was to Kraut, he was compelled to sit by him. And then Oberwaltzer on the bench and the clerk in his place, the jury room door being opened and the twelve men filing solemnly in—quaint and varied figures in angular and for the most part much-worn suits of the ready-made variety. And as they did so, seating themselves in the jury box, only to rise again at the command of the clerk, who began: "Gentlemen of the jury, have you agreed on a verdict?"—yet without one of them glancing in the direction of either Belknap or Jephson or Clyde, which Belknap at once interpreted as fatal.

"It's all off," he whispered to Jephson. "Against us. I can tell." And then Lund announcing: "We have. We find the defendant guilty of murder in the first degree." And Clyde, entirely dazed and yet trying to keep his poise and remain serene, gazing straight before him toward the jury and beyond, and with scarcely a blink of the eye. For had he not, in his cell the night before, been told by Jephson, who had found him deeply depressed, that the verdict in this trial, assuming that it proved to be unfavorable, was of no consequence. The trial from start to finish had been unfair. Prejudice and bias had governed its every step. Such bullying and browbeating and innuendo as Mason had indulged in before the jury would never pass as fair or adequate in any higher court. And a new trial—on appeal—would certainly be granted—although by whom such an appeal was to be conducted he was not now prepared to discuss.

And now, recalling that, Clyde saying to himself that it did not so much matter perhaps, after all. It could not, really—or could it? Yet think what these words meant in case he could not get a new trial! Death! That is what it would mean if this were final—and perhaps it was final. And then to sit in that chair he had seen in his mind's eye for so long—these many days and nights when he could not force his mind to drive it away. Here it was again before him—that dreadful, ghastly chair—only closer and larger than ever before—there in the very center of the space between himself and Justice Oberwaltzer. He could see it plainly now—squarish, heavy-armed, heavy-backed, some straps at the top and sides. God! Supposing no one would help him now! Even the Griffiths might not be willing to pay out any more money! Think of that! The Court of Appeals to which Jephson and Belknap had referred might not be willing to help him either. And then these words would be final. They would! They would! God! His jaws moved slightly, then set—because at the moment he became conscious that they were moving. Besides, at that moment Belknap was rising and asking for an individual poll of the jury, while Jephson leaned over and whispered: "Don't worry about it. It isn't final. We'll get a reversal as sure as anything." Yet as each of the jurors was saying: "Yes"—Clyde was listening to them, not to Jephson. Why should each one say that with so much emphasis? Was there not one who felt that he might not have done as Mason had said—struck her intentionally? Was there not one who even half-believed in that change of heart which Belknap and Jephson had insisted that he had experienced? He looked at them all—little and big. They were like a blackish-brown group of wooden toys with creamish-brown or old ivory faces and hands. Then he thought of his mother. She would hear of this now, for here were all these newspaper writers and artists and photographers assembled to hear this. And what would the Griffiths—his uncle and Gilbert—think now? And Sondra! Sondra! Not a word from her. And through all this he had been openly testifying, as Belknap and Jephson had agreed that he must do—to the compelling and directing power of his passion for her—the real reason for all this! But not a word. And she would not send him any word now, of course—she who had been going to marry him and give him everything!

But in the meantime the crowd about him silent although—or perhaps because—intensely satisfied. The little devil hadn't "gotten by." He hadn't fooled the twelve sane men of this county with all that bunk about a change of heart. What rot! While Jephson sat and stared, and Belknap, his strong face written all over with contempt and defiance, making his motions. And Mason and Burleigh and Newcomb and Redmond thinly repressing their intense satisfaction behind masks preternaturally severe, the while Belknap continued with a request that the sentence be put off until the following Friday—a week hence, when he could more conveniently attend, but with Justice Oberwaltzer replying that he thought not—unless some good reason could be shown. But on the morrow, if counsel desired, he would listen to an argument. If it were satisfactory he would delay sentence—otherwise, pronounce it the following Monday.

Yet, even so, Clyde was not concerned with this argument at the moment. He was thinking of his mother and what she would think—feel. He had been writing her so regularly, insisting always that he was innocent and that she must not believe all, or even a part, of what she read in the newspapers. He was going to be acquitted sure. He was going to go on the stand and testify for himself. But now ... now ... oh, he needed her now—so much. Quite every one, as it seemed now, had forsaken him. He was terribly, terribly alone. And he must send her some word quickly. He must. He must. And then asking Jephson for a piece of paper and a pencil, he wrote: "Mrs. Asa Griffiths, care of Star of Hope Mission, Denver, Colorado. Dear mother—I am convicted—Clyde." And then handing that to Jephson, he asked him, nervously and weakly, if he would see that it was sent right away. "Right away, son, sure," replied Jephson, touched by his looks, and waving to a press boy who was near gave it to him together with the money.

And then, while this was going on, all the public exits being locked until Clyde, accompanied by Sissell and Kraut, had been ushered through the familiar side entrance through which he had hoped to escape. And with all the press and the public and the still-remaining jury gazing, for even yet they had not seen enough of Clyde but must stare into his face to see how he was taking it. And because of the local feeling against him, Justice Oberwaltzer, at Slack's request, holding court un-adjourned until word was brought that Clyde was once more locked in his cell, whereupon the doors were re-opened. And then the crowd surging out but only to wait at the courtroom door in order to glimpse, as he passed out, Mason, who now, of all the figures in this case, was the true hero—the nemesis of Clyde—the avenger of Roberta. But he not appearing at first but instead Jephson and Belknap together, and not so much depressed as solemn, defiant—Jephson, in particular, looking unconquerably contemptuous. Then some one calling: "Well, you didn't get him off just the same," and Jephson replying, with a shrug of his shoulders, "Not yet, but this county isn't all of the law either." Then Mason, immediately afterward—a heavy, baggy overcoat thrown over his shoulder, his worn soft hat pulled low over his eyes—and followed by Burleigh, Heit, Newcomb and others as a royal train—while he walked in the manner of one entirely oblivious of the meaning or compliment of this waiting throng. For was he not now a victor and an elected judge! And as instantly being set upon by a circling, huzzahing mass—the while a score of those nearest sought to seize him by the hand or place a grateful pat upon his arm or shoulder. "Hurrah for Orville!" "Good for you, judge!" (his new or fast-approaching title). "By God! Orville Mason, you deserve the thanks of this county!" "Hy-oh! Heigh! Heigh!" "Three cheers for Orville Mason!" And with that the crowd bursting into three resounding huzzahs—which Clyde in his cell could clearly hear and at the same time sense the meaning of.

They were cheering Mason for convicting him. In that large crowd out there there was not one who did not believe him totally and completely guilty. Roberta—her letters—her determination to make him marry her—her giant fear of exposure—had dragged him down to this. To conviction. To death, maybe. Away from all he had longed for—away from all he had dreamed he might possess. And Sondra! Sondra! Not a word! Not a word! And so now, fearing that Kraut or Sissell or some one might be watching (ready to report even now his every gesture), and not willing to show after all how totally collapsed and despondent he really was, he sat down and taking up a magazine pretended to read, the while he looked far, far beyond it to other scenes—his mother—his brother and sisters—the Griffiths—all he had known. But finding these unsubstantiated mind visions a little too much, he finally got up and throwing off his clothes climbed into his iron cot.