CHAPTER XXIII

THE SCALES OF JUSTICE

I

The summer fades into days of dull gray; the fog thickens on the Ohio; the prison house is dim and damp. The river sirens sound sharp and shrill, and the cells echo with coughing and wheezing. The sick line stretches longer, the men looking more forlorn and dejected. The prisoner in charge of tier "K" suffers a hemorrhage, and is carried to the hospital. From a.s.sistant, I am advanced to his position on the range.

But one morning the levers are pulled, the cells unlocked, and the men fed, while I remain under key. I wonder at the peculiar oversight, and rap on the bars for the officers. The Block Captain orders me to desist.

1 request to see the Warden, but am gruffly told that he cannot be disturbed in the morning. In vain I rack my brain to fathom the cause of my punishment. I review the incidents of the past weeks, ponder over each detail, but the mystery remains unsolved. Perhaps I have unwittingly offended some trusty, or I may be the object of the secret enmity of a spy.

The Chaplain, on his daily rounds, hands me a letter from the Girl, and glances in surprise at the closed door.

"Not feeling well, m' boy?" he asks.

"I'm locked up, Chaplain."

"What have you done?"

"Nothing that I know of."

"Oh, well, you'll be out soon. Don't fret, m' boy."

But the days pa.s.s, and I remain in the cell. The guards look worried, and vent their ill-humor in profuse vulgarity. The Deputy tries to appear mysterious, wobbles comically along the range, and splutters at me: "Nothin'. Shtay where you are." Jasper, the colored trusty, flits up and down the hall, tremendously busy, his black face more l.u.s.trous than ever. Numerous stools nose about the galleries, stop here and there in confidential conversation with officers and prisoners, and whisper excitedly at the front desk. a.s.sistant Deputy Hopkins goes in and out of the block, repeatedly calls Jasper to the office, and hovers in the neighborhood of my cell. The rangemen talk in suppressed tones. An air of mystery pervades the cell-house.

Finally I am called to the Warden. With unconcealed annoyance, he demands:

"What did you want?"

"The officers locked me up--"

"Who said you're locked up?" he interrupts, angrily. "You're merely locked _in_."

"Where's the difference?" I ask.

"One is locked up 'for cause.' You're just kept in for the present."

"On what charge?"

"No charge. None whatever. Take him back, Officers."

Close confinement becomes increasingly more dismal and dreary. By contrast with the s.p.a.cious hall, the cell grows smaller and narrower, oppressing me with a sense of suffocation. My sudden isolation remains unexplained. Notwithstanding the Chaplain's promise to intercede in my behalf, I remain locked "in," and again return the days of solitary, with all their gloom and anguish of heart.

II

A ray of light is shed from New York. The Girl writes in a hopeful vein about the progress of the movement, and the intense interest in my case among radical circles. She refers to Comrade Merlino, now on a tour of agitation, and is enthusiastic about the favorable labor sentiment toward me, manifested in the cities he had visited. Finally she informs me of a plan on foot to secure a reduction of my sentence, and the promising outlook for the collection of the necessary funds. From Merlino I receive a sum of money already contributed for the purpose, together with a letter of appreciation and encouragement, concluding: "Good cheer, dear Comrade; the last word has not yet been spoken."

My mind dwells among my friends. The breath from the world of the living fans the smoldering fires of longing; the tone of my comrades revibrates in my heart with trembling hope. But the revision of my sentence involves recourse to the courts! The sudden realization fills me with dismay. I cannot be guilty of a sacrifice of principle to gain freedom; the mere suggestion rouses the violent protest of my revolutionary traditions. In bitterness of soul, I resent my friends' ill-advised waking of the shades. I shall never leave the house of death....

And yet mail from my friends, full of expectation and confidence, arrives more frequently. Prominent lawyers have been consulted; their unanimous opinion augurs well: the multiplication of my sentences was illegal; according to the statutes of Pennsylvania, the maximum penalty should not have exceeded seven years; the Supreme Court would undoubtedly reverse the judgment of the lower tribunal, specifically the conviction on charges not const.i.tuting a crime under the laws of the State. And so forth.

I am a.s.sailed by doubts. Is it consequent in me to decline liberty, apparently within reach? John Most appealed his case to the Supreme Court, and the Girl also took advantage of a legal defence. Considerable propaganda resulted from it. Should I refuse the opportunity which would offer such a splendid field for agitation? Would it not be folly to afford the enemy the triumph of my gradual annihilation? I would without hesitation reject freedom at the price of my convictions; but it involves no denial of my faith to rob the vampire of its prey. We must, if necessary, fight the beast of oppression with its own methods, scourge the law in its own tracks, as it were. Of course, the Supreme Court is but another weapon in the hands of authority, a pretence of impartial right. It decided against Most, sustaining the prejudiced verdict of the trial jury. They may do the same in my case. But that very circ.u.mstance will serve to confirm our arraignment of cla.s.s justice. I shall therefore endorse the efforts of my friends.

But before long I am informed that an application to the higher court is not permitted. The attorneys, upon examination of the records of the trial, discovered a fatal obstacle, they said. The defendant, not being legally represented, neglected to "take exceptions" to rulings of the court prejudicial to the accused. Because of the technical omission, there exists no basis for an appeal. They therefore advise an application to the Board of Pardons, on the ground that the punishment in my case is excessive. They are confident that the Board will act favorably, in view of the obvious unconst.i.tutionality of the compounded sentences,--the five minor indictments being indispensible parts of the major charge and, as such, not const.i.tuting separate offences.

The unexpected development disquiets me: the sound of "pardon" is detestable. What bitter irony that the n.o.blest intentions, the most unselfish motives, need seek pardon! Aye, of the very source that misinterprets and perverts them! For days the implied humiliation keeps agitating me; I recoil from the thought of personally affixing my name to the meek supplication of the printed form, and finally decide to refuse.

An accidental conversation with the "Attorney General" disturbs my resolution. I learn that in Pennsylvania the applicant's signature is not required by the Pardon Board. A sense of guilty hope steals over me.

Yet--I reflect--the pardon of the Chicago Anarchists had contributed much to the dissemination of our ideas. The impartial a.n.a.lysis of the trial-evidence by Governor Altgeld completely exonerated our comrades from responsibility for the Haymarket tragedy, and exposed the heinous conspiracy to destroy the most devoted and able representatives of the labor movement. May not a similar purpose be served by my application for a pardon?

I write to my comrades, signifying my consent. We arrange for a personal interview, to discuss the details of the work. Unfortunately, the Girl, a _persona non grata_, cannot visit me. But a mutual friend, Miss Garrison, is to call on me within two months. At my request, the Chaplain forwards to her the necessary permission, and I impatiently await the first friendly face in two years.

III

As unaccountably as my punishment in the solitary, comes the relief at the expiration of three weeks. The "K" hall-boy is still in the hospital, and I resume the duties of rangeman. The guards eye me with suspicion and greater vigilance, but I soon unravel the tangled skein, and learn the details of the abortive escape that caused my temporary retirement.

The lock of my neighbor, Johnny Smith, had been tampered with. The youth, in solitary at the time, necessarily had the aid of another, it being impossible to reach the keyhole from the inside of the cell. The suspicion of the Warden centered upon me, but investigation by the stools discovered the men actually concerned, and "Dutch" Adams, Spencer, Smith, and Jim Grant were chastised in the dungeon, and are now locked up "for cause," on my range.

By degrees Johnny confides to me the true story of the frustrated plan.

"Dutch," a repeater serving his fifth "bit," and favorite of Hopkins, procured a piece of old iron, and had it fashioned into a key in the machine shop, where he was employed. He entrusted the rude instrument to Grant, a young reformatory boy, for a preliminary trial. The guileless youth easily walked into the trap, and the makeshift key was broken in the lock--with disastrous results.

The tricked boys now swear vengeance upon the _provocateur_, but "Dutch"

is missing from the range. He has been removed to an upper gallery, and is a.s.signed to a coveted position in the shops.

The newspapers print vivid stories of the desperate attempt to escape from Riverside, and compliment Captain Wright and the officers for so successfully protecting the community. The Warden is deeply affected, and orders the additional punishment of the offenders with a bread-and-water diet. The Deputy walks with inflated chest; Hopkins issues orders curtailing the privileges of the inmates, and inflicting greater hardships. The tone of the guards sounds haughtier, more peremptory; Jasper's face wears a blissful smile. The trusties look pleased and cheerful, but sullen gloom shrouds the prison.

IV

I am standing at my cell, when the door of the rotunda slowly opens, and the Warden approaches me.

"A lady just called; Miss Garrison, from New York. Do you know her?"

"She is one of my friends."

"I dismissed her. You can't see her."

"Why? The rules ent.i.tle me to a visit every three months. I have had none in two years. I want to see her."

"You can't. She needs a permit."

"The Chaplain sent her one at my request."