The Just and the Unjust

by Vaughan Kester

In a vain search for the missing handy-man, General Herbert had opened his purse wider than North or even Evelyn realized. There seemed three possibilities in the instance of Montgomery. Either he knew McBride's murderer and testified falsely to shield him; or else he knew nothing and had been hired by some unknown enemy to swear North into the penitentiary; or—and the third possibility seemed not unlikely—it was he himself that had clambered over the shed roof after killing and robbing the old merchant.

North turned on his cot and his thoughts turned with him from Montgomery to Gilmore, who also, with uncharacteristic cowardliness had fled the scene of his illegal activities and the indictment that threatened him anew. "What was the gambler's part in the tragedy?" He hated North; he loved Marshall Langham's wife. But neither of these passions shaped themselves into murderous motives. Langham himself furnished food for reflection and speculation. Evidently in the most dire financial difficulties; evidently under Gilmore's domination; evidently burdened with some guilty knowledge,—but there was no evidence against him, he had credibly accounted for himself on that Thanksgiving afternoon, and North for the hundredth time dismissed him with the exclamation: "Marsh Langham a murderer? Impossible!"

The first cold rays of light, announcing the belated winter's dawn, touched with gray fingers the still grayer face of the sleepless prisoner. Out of the shadows that they coined came a vision of Evelyn Langham. And again for the hundredth time, North was torn between the belief that she, by her testimony, might save him and the unconquerable determination to keep from Elizabeth Herbert the knowledge of his affair with Langham's wife. Better end his worthless existence than touch her fair life with this scandal. But of what was Evelyn Langham thinking during the days of his trial? What if she should voluntarily break her silence! Should he not send for her—there was a sound at his door. North started to his feet only to see the fat round face of the deputy sheriff as he came bringing the morning's hot coffee and thick buttered bread.

The town bell was ringing for nine o'clock when the deputy sheriff again appeared to escort him into court, and as they entered the room North saw that it was packed to the doors. His appearance won a moment of oppressive silence, then came the shuffling of feet and the hum of whispered conversation.

At the back of the room sat Marshall Langham. He was huddled up in a splint-bottomed chair a deputy had placed for him at one end of the last row of benches. Absorbed and aloof, he spoke with no one, he rarely moved except to mop his face with his handkerchief. His eyes were fixed on the pale shrunken figure that bent above the judge's desk. His father's face with its weary dignity, its unsoftened pride, possessed a terrible fascination for him; the very memory of it, when he had quitted the court room, haunted him! Pallid, bloodless as a bit of yellow parchment, and tortured by suffering, it stole into his dreams at night.

But at last the end was in sight! If Moxlow had the brains he credited him with, North would be convicted, the law satisfied, and his case cease to be of vital interest to any one. Then of a sudden his fears would go from him, he would be born afresh into a heritage of new hopes and new aspirations! He had suffered to the very limit of his capacity; there was such a thing as expiation, and surely he had expiated his crime.

Now Moxlow, lank and awkward, with long black locks sweeping the collar of his rusty coat, slipped from his chair and stood before the judge's desk. For an instant Langham's glance shifted from his father to the accused man. He felt intense hatred of him; to his warped and twisted consciousness, half mad as he was with drink and drugs, North's life seemed the one thing that stood between himself and safety,—and clearly North had forfeited the right to live!

When Moxlow's even tones fell on the expectant hush, Langham writhed in his seat. Each word, he felt, had a dreadful significance; the big linen handkerchief went back and forth across his face as he sought to mop away the sweat that oozed from every pore. He had gone as deep in the prosecutor's counsels as he dared go, he knew the man's power of invective, and his sledge-hammer force in argument; he wanted him to cut loose and overwhelm North all in a breath! The blood in him leaped and tingled with suppressed excitement, his twitching lips shaped themselves with Moxlow's words. He felt that Moxlow was letting his opportunity pass him by, that after all he was not equal to the task before him, that it was one thing to plan and quite another to perform. Men, such as those jurors, must be powerfully moved or they would shrink from a verdict of guilty!

But Moxlow persevered in his level tones, he was not to be hurried. He felt the case as good as won, and there was the taste of triumph in his mouth, for he was going to convict his man in spite of the best criminal lawyer in the state! Yet presently the level tones became more and more incisive, and Moxlow would walk toward North, his long finger extended, to loose a perfect storm of words that cut and stung and insulted. He went deep into North's past, and stripped him bare; shabby, mean, and profligate, he pictured those few short years of his manhood until he became the broken spendthrift, desperately in need of money and rendered daring by the ruin that had overtaken him.

Moxlow's speech lasted three hours, and when he ended a burning mist was before North's eyes. He saw vaguely the tall figure of the prosecuting attorney sink into a chair, and he gave a great sigh of relief. Perhaps North expected Belknap to perform some miracle of vindication in his behalf, certainly when his counsel advanced to the rail that guarded the bench there were both authority and confidence in his manner, and soon the dingy court room was echoing to the strident tones of the old criminal lawyer's voice. As the minutes passed, however, it became a certainty with North that no miracle would happen.