"He won't."

"I'd sure like to see her," said Jimmy.

CHAPTER X

THE ALIBI

"And all love's clanging trumpets shocked and blew."

"The executioner's argument was, that you couldn't cut off a head unless there was a body to cut it off from; that he had never had to do such a thing before, and he wasn't going to begin at _his_ time of life."--_Alice in Wonderland._

The justice of the peace, when the county court was not in session, held hearings in the courtroom proper, which occupied the entire second story of the county courthouse. The room was crowded. It was a new courthouse; there are people impatient to try even a new hea.r.s.e; and this bade fair to be Arcadia's first _cause celebre_.

Jeff sat in the prisoner's stall, a target for boring eyes. He was conscious of an undesirable situation; exactly how tight a place it was he had no means of knowing until he should have heard the evidence. The room was plainly hostile; black looks were cast upon him. Deputy Phillips, as he entered arm in arm with the sometime devil, gave the prisoner an intent but non-committal look, which Jeff rightly interpreted as a.s.surance of a friend in ambush; he felt unaccountably sure of the devil's fraternal aid; Monte, lolling within the rail of the witness-box, smiled across at him. Still, he would have felt better for another friendly face or two, he thought--say, John Wesley Pringle's.

Jeff looked from the open window. Cottonwoods, well watered, give swiftest growth of any trees and are therefore the dominant feature of new communities in dry lands. The courthouse yard was crowded with them: Jeff, from the window, could see nothing but their green plumes; and his thoughts ran naturally upon gardens--or, to be more accurate, upon a garden.

Would she lose faith in him? Had she heard yet? Would he be able to clear himself? No mere acquittal would do. Because of Ellinor, there must be no question, no verdict of Not Proven. She would go East to-morrow. Perhaps she would not hear of his arrest at all. He hoped not. The bank robbery, the murder--yes, she would hear of them, perhaps; but why need she hear his name? Hers was a world so different! He fell into a muse at this.

Deputy Phillips pa.s.sed and stood close to him, looking down from the window. His back was to Jeff; but, under cover of the confused hum of many voices, he spake low from the corner of his mouth:

"Play your hand close to your bosom, old-timer! Wait for the draw and watch the dealer!" He strolled over to the other side of the judicial bench whence he came.

This vulgar speech betrayed Jimmy as one given to evil courses; but to Jeff that muttered warning was welcome as thunder of Blucher's squadrons to British squares at Waterloo.

Down the aisle came a procession consciously important--the prosecuting attorney; the bank's lawyer, who was to a.s.sist, "for the people"; and Lake himself. As they pa.s.sed the gate Jeff smiled his sweetest.

"h.e.l.lo, Wally!" Lake's name was Stephen Walter.

Wally made no verbal response; but his undershot jaw did the steel-trap act and there was a triumphant glitter in his eye. He turned his broad back pointedly--and Jeff smiled again.

The justice took his seat on the raised dais intervening between Jeff and the sheriff's desk. Court was opened. The usual tedious preliminaries followed. Jeff waived a jury trial, refused a lawyer and announced that he would call no witnesses at present.

In an impressive stillness the prosecutor rose for his opening statement. Condensed, it recounted the history of the crime, so far as known; fixed the time by the watchman's statement--to be confirmed, he said, by another witness, the telephone girl on duty at that hour, who had heard the explosion and the ensuing gunshot; touched upon that watchman's faithful service and his present desperate condition. He told of the late finding of the injured man, the meeting in the bank, the sum taken by the robber, and the discovery in the bank of the rubber nosepiece, which he submitted as Exhibit A. He cited the witnesses by whom he would prove each statement, and laid special stress upon the fact that the witness Clarke would testify that the nosepiece had been found upon the shattered fragments of the safe door--conclusive proof that it had been dropped after the crime. And he then held forth at some length upon the hand of Providence, as manifested in the unconscious self-betrayal which had frustrated and brought to naught the prisoner's fiendish designs. On the whole, he spoke well of Providence.

Now Jeff had not once thought of the discarded noseguard since he first found it in his way; he began to see how tightly the net was drawn round him. "There was a serpent in the garden," he reflected. A word from Miss Hoffman would set him free. If she gave that word at once, it would be unpleasant for her: but if she gave it later, as a last resort, it would be more than unpleasant. And in that same hurried moment, Jeff knew that he would not call upon her for that word. All his crowded life, he had kept the happy knack of falling on his feet: the stars, that fought in their courses against Sisera, had ever fought for reckless Bransford.

He decided, with lovable folly, to trust to chance, to his wits and to his friends.

"And now, Your Honor, we come to the unbreakable chain of evidence which fatally links the prisoner at the bar to this crime. We will prove that the prisoner was not invited to the masquerade ball given last night by Mr. Lake. We will prove----"

There was a stir in the courtroom; the prosecutor paused, disconcerted.

Eyes were turned to the double door at the back of the courtroom. In the entryway at the head of the stairs huddled a group of shrinking girls.

Before them, one foot upon the threshold, stood Ellinor Hoffman. She shook off a detaining hand and stepped into the room, head erect, proud, pale. Across the sea of curious faces her eyes met the prisoner's. Of all the courtroom, Billy and Deputy Phillips alone turned then to watch Jeff's face. They saw an almost imperceptible shake of his head, a finger on lip, a rea.s.suring gesture--saw, too, the quick pulsebeat at his throat.

The color flooded back to Ellinor's face. Men nearest the door were swift to bring chairs. The prosecutor resumed his interrupted speech--his voice was deep, hard, vibrant.

"Your Honor, the counts against this man are fairly d.a.m.ning! We will prove that he was shaved in a barber shop in Arcadia at ten o'clock last night; that he then rode a roan horse; that the horse was then sweating profusely; that this horse was afterward found at the house of--but we will take that up later. We will prove by many witnesses that among the masqueraders was a man wearing a football suit, wearing a nosepiece similar--entirely similar--to the one found in the bank, which now lies before you. We will prove that this football player was not seen in the ballroom after the hour of eleven P.M. We will prove that when he was next seen, without the ballroom, it was not until sufficient time had elapsed for him to have committed this awful crime."

Ellinor half rose from her seat; again Jeff flashed a warning at her.

"We will prove this, Your Honor, by a most unwilling witness--Rosalio Marquez"--Monte smiled across at Jeff--"a friend of the prisoner, who, in his behalf, has not scrupled to defy the majesty of the law! We can prove by this witness, this reluctant witness, that when he returned to his home, shortly after midnight, he found there the prisoner's horse, which had not been there when Mr. Marquez left the house some four hours previously: and that, at some time subsequent to twelve o'clock, the witness Marquez was wakened by the entrance of the prisoner at the bar, clad in a football suit, but wearing no nosepiece with it! And we have the evidence of the sheriff's posse that they found in the home of the witness, Rosalio Marquez, the football suit--which we offer as Exhibit B. Nay, more! The prisoner did not deny, and indeed admitted, that this uniform was his; but--mark this!--the searching party found no nosepiece there!

"It is true, Your Honor, that the stolen money was not found upon the prisoner; it is true that the prisoner made no use of the opportunity to escape offered him by his lawless and disreputable friend, Rosalio Marquez--a common gambler! Doubtless, Your Honor, his cunning had devised some diabolical plan upon which he relied to absolve himself from suspicion; and now, trembling, he has for the first time learned of the fatal flaw in his concocted defense, which he had so fondly deemed invincible!"

All eyes, including the orator's, here turned upon the prisoner--to find him, so far from trembling, quite otherwise engaged. The prisoner's elbow was upon the rail, his chin in his hand; he regarded Mr. Lake attentively, with cheerful amus.e.m.e.nt and a quizzical smile which in some way subtly carried an expression of mockery and malicious triumph. To this fixed and disconcerting regard Mr. Lake opposed an iron front, but the effort required was apparent to all.

There was an uneasy rustling through the court. The prisoner's bearing was convincing, natural; this was no mere brazen a.s.suming. The banker's forced composure was not natural! He should have been an angry banker.

Of the two men, Lake was the less at ease. The prisoner's face turned at last toward the door. Blank unrecognition was in his eyes as they swept past Ellinor, but he shook his head once more, very slightly.

There was a sense of mystery in the air--a buzz and burr of whispers; a rustle of moving feet. The audience noticeably relaxed its implacable att.i.tude toward the accused, eyed him with a different interest, seemed to feel for the first time that, after all, he was accused merely, and that his defense had not yet been heard. The prosecutor felt this subtle change; it lamed his periods.

"It is true, Your Honor, that no eye save G.o.d's saw this guilty man do this deed; but the web of circ.u.mstantial evidence is so closely drawn, so far-reaching, so unanswerable, so d.a.m.ning, that no defense can avail him except the improbable, the impossible establishment of an alibi so complete, so convincing, as to satisfy even his bitterest enemy! We will ask you, Your Honor, when you have seen how fully the evidence bears out our every contention, to commit the prisoner, without bail, to answer the charge of robbery and attempted murder!"

Then, by the door, Jeff saw the girl start up. She swept down the aisle, radiant, brave, unfearing, resolute, all half-G.o.ds gone; she shone at him--proud, glowing, triumphant!

A hush fell upon the thrilled room. Jeff was on his feet, his hand held out to stay her; his eyes spoke to hers. She stopped as at a command.

Scarcely slower, Billy was at her side. "Wait! Wait!" he whispered. "See what he has to say. There will be always time for that." Jeff's eyes held hers; she sank into an offered chair.

Cheated, disappointed, the court took breath again. Their dramatic moment had been nothing but their own nerves; their own excited imaginings had attached a pulse-fluttering significance to the flushed cheeks of a prying girl, seeking a better place to see and hear, to gratify her morbid curiosity.

Jeff turned to the bench.

"Your Honor, I have a perfectly good line of defense; and I trust no friend of mine will undertake to change it. I will keep you but a minute," he said colloquially. "I will not waste your time combating the ingenious theory which the prosecution has built up, or in cross-examination of their witnesses, who, I feel sure"--here he bowed to the cloud of witnesses--"will testify only to the truth. I quite agree with my learned friend"--another graceful bow--"that the case he has so ably presented is so strong that it can successfully be reb.u.t.ted only by an alibi so clear and so incontestable, as my learned friend has so aptly phrased it, as to convince if not satisfy ... my bitterest enemy!" The bow, the subtle, icy intonation, edged the words. The courtroom thrilled again at the unspoken thought: "_An enemy hath done this thing!_" If, in the stillness, the prisoner had quoted the words aloud in fierce denunciation, the effect could not have been different or more startling. "And that, Your Honor, is precisely what I propose to do!"

His Honor was puzzled. He was a good judge of men; and the prisoner's face was not a bad face.

"But," he objected, "you have refused to call any witnesses for the defense. Your unsupported word will count for nothing. You cannot prove an alibi alone."

"Can't I?" said Jeff. "Watch me!"

With a single motion he was through the open window. Bending branches of the nearest cottonwood broke his fall--the other trees hid his flight.

Behind him rose uproar, tumult and hullabaloo, a ma.s.s of struggling men at cross purposes. Gun in hand, the sheriff, stumbling over some one's foot--Monte's--ran to the window; but the faithful deputy was before him, blocking the way, firing with loving care--at one particular tree-trunk. He was a good shot, Jimmy. He afterward showed with pride where each ball had struck in a scant six-inch s.p.a.ce. Vainly the sheriff tried to force his way through. There was but one stairway, and it was jammed. Before the foremost pursuer had reached the open Jeff had borrowed one of the saddled horses. .h.i.tched at the rack and was away to the hills.

As Billy struggled through the press, searching for Ellinor, he found himself at Jimmy's elbow.

"A dead game sport--any turn in the road!" agreed Billy.

The deputy nodded curtly; but his answer was inconsequent:

"Rather in the brunette line--that bit of tangible evidence!"