Sharpman had not seen Ralph’s
expression and did not know what the noise was all
about. He looked around at the audience uneasily,
whispered to Craft for a moment, and then announced
that he was done with the witness. He was really
afraid to carry the examination further; there were
too many pit-falls along the way.
Goodlaw, too, was wise enough to ask
no additional questions. He did not care to lay
grounds for the possible reversal of a judgment in
favor of the defendant, by introducing questionable
evidence. But he felt that the case, in its present
aspect, needed farther investigation, and he moved
for a continuance of the cause for two days.
He desired, he said, to find the person known as Rhyming
Joe, and to produce such other evidence as this new
and startling turn of affairs might make necessary.
Craft whispered to Sharpman that the
request should be agreed to, saying that he could
bring plenty of witnesses to prove that Rhyming Joe
was a worthless adventurer, notorious for his habits
of lying; and stoutly asserting that the boy was positively
Ralph Burnham. But Sharpman’s great fear
was that if Rhyming Joe should be brought back, the
story of the bribery could no longer be hushed; and
he therefore opposed the application for a continuance
with all his energy.
The court ruled that the reasons presented
were not sufficient to warrant the holding of a jury
at this stage of the case for so long a time, but
intimated that in the event of a verdict for the plaintiff
a motion for a new trial might be favorably considered
by the court.
“Then we have nothing further to offer,”
said Goodlaw.
Sharpman resumed his seat with an
air of satisfaction, and sat for full five minutes,
with his face in his hand, in deep thought.
“I think,” he said, finally,
looking up, “that we shall present nothing in
rebuttal. The case, as it now stands, doesn’t
seem to call for it.” He had been considering
whether it would be safe and wise for him to go on
the witness-stand and deny any portion of Ralph’s
story. He had reached the conclusion that it
would not. The risk was too great.
“Very well,” said the
judge, taking up his pen, “then the evidence
is closed. Mr. Goodlaw, are you ready to go to
the jury?”
Goodlaw, who had been, during this
time, holding a whispered conversation with Ralph,
arose, bowed to the court, and turned to face the
jurors. He began his speech by saying that, until
the recent testimony given by the boy Ralph had been
produced in court, he had not expected to address
the jury at all; but that that testimony had so changed
the whole tenor of the case as to make a brief argument
for the defence an apparent necessity.
Fortified by the knowledge of the
story that Rhyming Joe had told, as Ralph had just
whispered it to him, Goodlaw was able to dissipate,
greatly, the force of the plaintiff’s evidence,
and to show how Craft’s whole story might easily
be a cleverly concocted falsehood built upon a foundation
of truth. He opened up to the wondering minds
of the jurors the probable scheme which had been originated
by these two plotters, Craft and Sharpman, to raise
up an heir to the estates of Robert Burnham, an heir
of whom Craft could be guardian, and a guardian of
whom Sharpman could be attorney. He explained
how the property and the funds that would thus come
into their hands could be so managed as to leave a
fortune in the pocket of each of them before they
should have done with the estate.
“The scheme was a clever one,”
he said, “and worked well, and no obstacle stood
in the way of these conspirators until a person known
as Rhyming Joe came on the scene. This person
knew the history of Ralph’s parentage and saw
through Craft’s duplicity; and, in an unguarded
moment, the attorney for the plaintiff closed this
man’s mouth by means which we can only guess
at, and sent him forth to hide among the moral and
the social wrecks that constitute the flotsam and
the jetsam of society. But his words, declaring
Simon Craft’s bold scheme a fabric built upon
a lie, had already struck upon the ears and pierced
into the heart of one whose tender conscience would
not let him rest with the burden of this knowledge
weighing down upon it. What was it that he heard,
gentlemen? We can only conjecture. The laws
of evidence drop down upon us here and forbid that
we should fully know. But that it was a tale
that brought conviction to the mind of this brave
boy you cannot doubt. It is for no light cause
that he comes here to publicly renounce his right
and title to the name, the wealth, the high maternal
love that yesterday was lying at his feet and smiling
in his face. The counsel for the plaintiff tries
to throw upon him the mantle of the eavesdropper,
but the breath of this boy’s lightest word lifts
such a covering from him, and reveals his purity of
purpose and his agony of mind in listening to the revelation
that was made. I do not wonder that he should
lose the power to move on hearing it. I do not
wonder that he should be compelled, as if by some
strange force, to sit and listen quietly to every piercing
word. I can well conceive how terrible the shock
would be to one who came, as he did, fresh from a
home where love had made the hours so sweet to him
that he thought them fairer than any he had ever known
before. I can well conceive what bitter disappointment
and what deep emotion filled his breast. But
the struggle that began there then between his boyish
sense of honor and his desire for home, for wealth,
for fond affection, I cannot fathom that; it
is too deep, too high, too terrible for me to fully
understand. I only know that honor was triumphant;
that he bade farewell to love, to hope, to home, to
the brightest, sweetest things in all this world of
beauty, and turned his face manfully, steadfastly,
unflinchingly to the right. With the help and
counsel of one honest man, he set about to check the
progress of a mighty wrong. No disappointment
discouraged him, no fear found place in his heart,
no distance was too great for him to traverse.
He knew that here, to-day, without his presence, injustice
would be done, dishonesty would be rewarded, and shameless
fraud prevail. It was for him, and him alone,
to stop it, and he set out upon his journey hither.
The powers of darkness were arrayed against him, fate
scowled savagely upon him, disaster blocked his path,
the iron horse refused to draw him, but he remained
undaunted and determined. He had no time to lose;
he left the conquered power of steam behind him, and
started out alone through heat and dust to reach the
place of justice. With bared, bruised feet and
aching limbs and parched tongue he hurried, on, walking,
running, as he could, dragging himself at last into
the presence of the court at the very moment when
the scales of justice were trembling for the downward
plunge, and spoke the words that checked the course
of legal crime, that placed the chains of hopeless
toil upon his own weak limbs, but that gave the world another
hero!
“Gentlemen of the jury, I have
labored at the bar of this court for more than thirty
years, but I never saw before a specimen of moral
courage fit to bear comparison with this; I never in
my life before saw such a lofty deed of heroism so
magnificently done. And do you think that such
a boy as this would lie? Do you think that such
a boy as this would say to you one word that did not
rise from the deep conviction of an honest heart?
“I leave the case in your hands,
gentlemen; you are to choose between selfish greed
and honest sacrifice, between the force of cunning
craft and the mighty power of truth. See to it
that you choose rightly and well.”
The rumble of applause from the court-room
as Goodlaw resumed his seat was quickly suppressed
by the officers, and Sharpman arose to speak.
He was calm and courteous, and seemed sanguine of success.
But his mind was filled with the darkness of disappointment
and the dread of disaster; and his heart was heavy
with its bitterness toward those who had blocked his
path. He knew that Ralph’s testimony ought
to bear but lightly on the case, but he feared that
it would weigh heavily with the jury, and that his
own character would not come out stainless. He
hardly hoped to save both case and character, but he
determined to make the strongest effort of which he
was capable. He reviewed the testimony given
by Mrs. Burnham concerning her child and his supposed
tragic death; he recalled all the circumstances connected
with the railroad accident, and repeated the statements
of the witnesses concerning the old man and the child;
he gave again the history of Ralph’s life, and
of Simon Craft’s searching and failures and success;
he contended, with all the powers of logic and oratory
at his command, that Ralph Burnham was saved from
the wreck at Cherry Brook, and Was that moment sitting
by his mother before the faces and eyes of the court
and jury.
“Until to-day,” he said,
“every one who has heard this evidence, and
taken interest in this case, has believed, as I do,
that this boy is Robert Burnham’s son.
The boy’s mother believed it, the counsel for
the defence believed it, the lad himself believed it,
his Honor on the bench, and you, gentlemen in the
jury-box, I doubt not, all believed it; indeed it
was agreed by all parties that nothing remained to
be done but to take your verdict for the plaintiff.
But, lo! this child makes his dramatic entrance into
the presence of the court, and, under the inspired
guidance of defendant’s counsel, tells his story
of eavesdropping, and when it is done my learned friend
has the temerity to ask you to throw away your reason,
to dismiss logic from your minds, to trample law under
your feet, to scatter the evidence to the four winds
of heaven, and to believe what? Why, a boy’s
silly story of an absurd and palpable lie?
“I did not go upon the witness-stand
to contradict this fairy tale; it did not seem to
be worth the while.
“Consider it for a moment.
This youth says he came to my office last night and
found me in the inner room in conversation with another
person. I shall not deny that. Supposing
it to be true, there was nothing strange or wrong
in it, was there? But what does this boy whom
my learned friend has lauded to the skies for his manliness
and honor do next? Why, according to his own
story, he steals into the darkness of the outer office
and seats himself to listen to the conversation in
the inner room, and hears what? No
good of himself certainly. Eavesdroppers never
do hear good of themselves. But he thinks he hears
the voice of a person whom no one in this court-room
ever heard of or thought of before, nor has seen or
heard of since a person who, I daresay,
has existence only in this child’s imagination;
he thinks he hears this person declare that he, Ralph,
is not Robert Burnham’s son, and, by way of
embellishing his tale, he adds statements which are
still more absurd, statements on the strength of which
my learned friend hopes to darken in your eyes the
character of the counsel for the plaintiff. I
trust, gentlemen, that I am too well known at the bar
of this court and in this community to have my moral
standing swept away by such a flimsy falsehood as
you see this to be. And so, to-day, this child
comes into court and declares, with solemn asseveration,
that the evidence fixing his identity beyond dispute
or question is all a lie; and what is this declaration
worth? His Honor will tell you, in his charge,
I have no doubt, that this boy’s statement,
founded, as he himself says, on hearsay, is valueless
in law, and should have no weight in your minds.
But I do not ask you to base your judgment on technicalities
of law. I ask you to base it simply on the reasonable
evidence in this case.
“What explanation there can
be of this lad’s conduct, I have not, as yet,
been ably, fully, to determine.
“I have tried, in my own mind,
to throw the mantle of charity across him. I
have tried to think that, coming from an unaccustomed
meal, his stomach loaded with rich food, he no sooner
sank into the office chair than he fell asleep and
dreamed. It is not improbable. The power
of dreams is great on children’s minds, as all
of you may know. But in the face of these developments
I can hardly bring myself to accept this theory.
There is too much method in the child’s madness.
It looks more like the outcome of some desperate move
on the part of this defence to win the game which
they have seen slipping from their control. It
looks like a deep-laid plan to rob my aged and honored
client of the credit to which he is entitled for rescuing
this boy at the risk of his life, for caring for him
through poverty and disease, for finding him when
his own mother had given him up for dead, and restoring
him to the bosom of his family. It looks as though
they feared that this old man, already trembling on
the brink of the grave, would snatch some comfort
for his remaining days out of the pittance that he
might hope to collect from this vast estate for services
that ought to be beyond price. It looks as though
hatred and jealousy were combined in a desperate effort
to crush the counsel for the plaintiff. The counsel
for the plaintiff can afford to laugh at their animosity
toward himself, but he cannot help his indignation
at their plot. Now, let us see.
“It is acknowledged that the
boy Ralph spent the larger part of yesterday afternoon
at the house of this defendant, and was fed and flattered
till he nearly lost his head in telling of it.
That is a strange circumstance, to begin with.
How many private consultations he has had with counsel
for defence, I know not. Neither do I know what
tempting inducements have been held out to him to turn
traitor to those who have been his truest friends.
These things I can only imagine. But that fine
promises have been made to him, that pictures of plenty
have been unfolded to his gaze, that the glitter of
gold and the sheen of silver have dazzled his young
eyes, there can be little doubt. So he has seen
visions and dreamed dreams, at will; he has endured
terrible temptations, and fought great moral battles,
by special request, and has come off more than victor,
in the counsel’s mind. To-day everything
is ready for the carrying-out of their skilful scheme.
At the right moment the counsel gives the signal, and
the boy darts in, hatless, shoeless, ragged, and dusty,
for the occasion, and tragic to the counsel’s
heart’s content, and is put at once upon the
stand to tell his made-up tale, and
Sharpman heard a slight noise behind him, and some one
exclaimed:
“He has fainted!”
The lawyer stopped in his harangue
and turned in time to see Ralph lying in a heap on
the floor, just as he had slipped that moment from
his chair. The boy had listened to Goodlaw’s
praises of his conduct with a vague feeling that he
was undeserving of so much credit for it. But
when Sharpman, advancing in his speech, charged him
with having dreamed his story, he was astounded.
He thought it was the strangest thing he had ever
heard of. For was not Mr. Sharpman there, himself?
and did not he know that it was all real and true?
He could not understand the lawyer’s allegation.
Later on, when Sharpman declared boldly that Ralph’s
statement on the witness-stand was a carefully concocted
falsehood, the bluntness of the charge was like a cruel
blow, and the boy’s sensitive nerves shrank and
quivered beneath it; then his lips grew pale, his
breath came in gasps, the room went swimming round
him, darkness came before his eyes, and his weak body,
enfeebled by prolonged fasting and excitement, slipped
down to the floor.
The people in the court-room scrambled
to their feet again to look over into the bar.
A man who had entered the room in
time to hear Sharpman’s brutal speech pushed
his way through the crowd, and hurried down to the
place where Ralph was lying. It was Bachelor
Billy.
In a moment he was down on his knees
by the boy’s side, chafing the small cold hands
and wrists, while Mrs. Burnham, kneeling on the other
side, was dipping her handkerchief into a glass of
water, and bathing the lad’s face.
Bachelor Billy turned on his knees
and looked up angrily at Sharpman. “Mayhap
an’ ye’ve killet ‘im,” he said,
“wi’ your traish an’ your lees!”
Then he rose to his feet and continued: “Can
ye no’ tell when a lad speaks the truth?
Mon! he’s as honest as the day is lang!
But what’s the use o’ tellin’ ye?
ye ken it yoursel’. Ye wull be fause
to ’im!”
His lips were white with passion as
he knelt again by the side of the unconscious boy.
“Ye’re verrà gude
to the lad, ma’am,” he said to Mrs. Burnham,
who had raised Ralph’s head in her arms and
was pressing her wet handkerchief against it; “ye’re
verrà gude, but ma mind is to tak’ ‘im
hame an’ ten’ till ‘im mysel’.
He was ower-tired, d’ye see, wi’ the trooble
an’ the toil, an’ noo I fear me an they’ve
broke the hert o’ ’im.”
Then Bachelor Billy, lifting the boy
up in his arms, set his face toward the door.
The people pressed back and made way for him as he
passed up the aisle holding the drooping body very
tenderly, looking down at times with great compassion
into the white face that lay against his breast; and
the eyes that watched his sturdy back until it disappeared
from view were wet with sympathetic tears.
When the doors had closed behind him,
Sharpman turned again to the jury, with a bitterly
sarcastic smile upon his face.
“Another chapter in the made-up
tragedy,” he said, “performed with marvellous
skill as you can see. My learned friend has drilled
his people well. He has made consummate actors
of them all. And yet he would have you think
that one is but an honest fool, and that the other
is as innocent as a babe in arms.”
Up among the people some one hissed,
then some one else joined in, and, before the judge
and officers could restore order in the room, the
indignant crowd had greeted Sharpman’s words
with a perfect torrent of groans and hisses.
Then the wily lawyer realized that he was making a
mistake. He knew that he could not afford to gain
the ill-will of the populace, and accordingly he changed
the tenor of his speech. He spoke generally of
law and justice, and particularly of the weight of
evidence in the case at bar. He dwelt with much
emphasis on Simon Craft’s bravery, self-sacrifice,
poverty, toil, and suffering; and, with a burst of
oratory that made the walls re-echo with the sound
of his resonant voice, he closed his address and resumed
his seat.
Then the judge delivered the charge
in a calm, dispassionate way. He reviewed the
evidence very briefly, warning the jury to reject from
their minds all improper declarations of any witness
or other person, and directing them to rest their
decision only on the legal evidence in the case.
He instructed them that although the boy Ralph’s
declaration that he was not Robert Burnham’s
son might be regarded by them, yet they must also
take into consideration the fact that his opinion
was founded partly, if not wholly, on hearsay, and,
for that reason, would be of little value to them
in making up their decision. Any evidence of
the alleged conversation at Mr. Sharpman’s office,
he said, must be rejected wholly. He warned them
to dismiss from their minds all prejudice or sympathy
that might have been aroused by the speeches of counsel,
or the appearance of witnesses in court, and to take
into consideration and decide upon but one question,
namely: whether the boy Ralph is or is not the
son of the late Robert Burnham: that, laying
aside all other questions, matters, and things, they
must decide that and that alone, according to the
law and the evidence.
When the judge had finished his charge
a constable was sworn, and, followed by the twelve
jurors, he marched from the court-room.
It was already after six o’clock,
so the crier was directed to adjourn the court, and,
a few minutes later, the judge, the lawyers, the witnesses,
and the spectators had all disappeared, and the room
was empty.