The Right of Way | Page 5

than looked at the judge.
Never was a verdict more unexpected. If a poll had been taken of the judgment of the population twenty-four hours before, a great majority would have been found believing that there was no escape for the prisoner, who was accused of murdering a wealthy timber merchant. The minority would have based their belief that the prisoner had a chance of escape, not on his possible innocence, not on insufficient evidence, but on a curious faith in the prisoner's lawyer. This minority would not have been composed of the friends of the lawyer alone, but of outside spectators, who, because Charley Steele had never lost a criminal case, attached to him a certain incapacity for bad luck; and of very young men, who looked upon him as the perfect pattern of the person good to see and hard to understand.
During the first two days of the trial the case had gone wholly against the prisoner, who had given his name as Joseph Nadeau. Witnesses had heard him quarrelling with the murdered man, and the next day the body of the victim had been found by the roadside. The prisoner was a stranger in the lumber-camp where the deed was done, and while there had been morose and lived apart; no one knew him; and he refused to tell even his lawyer whence he came, or what his origin, or to bring witnesses from his home to speak for his character.
One by one the points had been made against him--with no perceptible effect upon Charley Steele, who seemed the one cool, undisturbed person in the courtroom.
Indifferent as he seemed, seldom speaking to the prisoner, often looking out of the windows to the cool green trees far over on the hill, absorbed and unbusinesslike, yet judge and jury came to see, before the second day was done, that he had let no essential thing pass, that the questions he asked had either a pregnant aptness, opened up new avenues of deliberation, or were touched with mystery--seemed to have a longer reach than the moment or the hour.
Before the end of this second day, however, more attention was upon him than upon the prisoner, and nine-tenths of the people in the court-room could have told how many fine linen handkerchiefs he used during the afternoon, how many times he adjusted his monocle to look at the judge meditatively. Probably no man, for eight hours a day, ever exasperated and tried a judge, jury, and public, as did this man of twenty-nine years of age, who had been known at college as Beauty Steele, and who was still so spoken of familiarly; or was called as familiarly, Charley Steele, by people who never had attempted to be familiar with him.
The second day of the trial had ended gloomily for the prisoner. The coil of evidence had drawn so close that extrication seemed impossible. That the evidence was circumstantial, that no sign of the crime was upon the prisoner, that he was found sleeping quietly in his bed when he was arrested, that he had not been seen to commit the deed, did not weigh in the minds of the general public. The man's guilt was freely believed; not even the few who clung to the opinion that Charley Steele would yet get him off thought that he was innocent. There seemed no flaw in the evidence, once granted its circumstantiality.
During the last two hours of the sitting the prisoner had looked at his counsel in despair, for he seemed perfunctorily conducting the case: was occupied in sketching upon the blotting-pad before him, looking out of the window, or turning his head occasionally towards a corner where sat a half-dozen well-dressed ladies, and more particularly towards one lady who watched him in a puzzled way--more than once with a look of disappointment. Only at the very close of the sitting did he appear to rouse himself. Then, for a brief ten minutes, he cross-examined a friend of the murdered merchant in a fashion which startled the court-room, for he suddenly brought out the fact that the dead man had once struck a woman in the face in the open street. This fact, sharply stated by the prisoner's counsel, with no explanation and no comment, seemed uselessly intrusive and malicious. His ironical smile merely irritated all concerned. The thin, clean-shaven face of the prisoner grew more pinched and downcast, and he turned almost pleadingly towards the judge. The judge pulled his long side-whiskers nervously, and looked over his glasses in severe annoyance, then hastily adjourned the sitting and left the bench, while the prisoner saw with dismay his lawyer leave the court- room with not even a glance towards him.
On the morning of the third day Charley Steele's face, for the first time,