Chapter XLIV
Meanwhile the great argument had been begun in the jury-room, and all the points that had been meditatively speculated upon in the jury-box were now being openly discussed.
It is amazingly interesting to see how a jury will waver and speculate in a case like this—how curious and uncertain is the process by which it makes up its so-called mind. So-called truth is a nebulous thing at best; facts are capable of such curious inversion and interpretation, honest and otherwise. The jury had a strongly complicated problem before it, and it went over it and over it.
Juries reach not so much definite conclusions as verdicts, in a curious fashion and for curious reasons. Very often a jury will have concluded little so far as its individual members are concerned and yet it will have reached a verdict. The matter of time, as all lawyers know, plays a part in this. Juries, speaking of the members collectively and frequently individually, object to the amount of time it takes to decide a case. They do not enjoy sitting and deliberating over a problem unless it is tremendously fascinating. The ramifications or the mystery of a syllogism can become a weariness and a bore. The jury-room itself may and frequently does become a dull agony.
On the other hand, no jury contemplates a disagreement with any degree of satisfaction. There is something so inherently constructive in the human mind that to leave a problem unsolved is plain misery. It haunts the average individual like any other important task left unfinished. Men in a jury-room, like those scientifically demonstrated atoms of a crystal which scientists and philosophers love to speculate upon, like finally to arrange themselves into an orderly and artistic whole, to present a compact, intellectual front, to be whatever they have set out to be, properly and rightly—a compact, sensible jury. One sees this same instinct magnificently displayed in every other phase of nature—in the drifting of sea-wood to the Sargasso Sea, in the geometric interrelation of air-bubbles on the surface of still water, in the marvelous unreasoned architecture of so many insects and atomic forms which make up the substance and the texture of this world. It would seem as though the physical substance of life—this apparition of form which the eye detects and calls real were shot through with some vast subtlety that loves order, that is order. The atoms of our so-called being, in spite of our so-called reason—the dreams of a mood—know where to go and what to do. They represent an order, a wisdom, a willing that is not of us. They build orderly in spite of us. So the subconscious spirit of a jury. At the same time, one does not forget the strange hypnotic effect of one personality on another, the varying effects of varying types on each other, until a solution—to use the word in its purely chemical sense—is reached. In a jury-room the thought or determination of one or two or three men, if it be definite enough, is likely to pervade the whole room and conquer the reason or the opposition of the majority. One man “standing out” for the definite thought that is in him is apt to become either the triumphant leader of a pliant mass or the brutally battered target of a flaming, concentrated intellectual fire. Men despise dull opposition that is without reason. In a jury-room, of all places, a man is expected to give a reason for the faith that is in him—if one is demanded. It will not do to say, “I cannot agree.” Jurors have been known to fight. Bitter antagonisms lasting for years have been generated in these close quarters. Recalcitrant jurors have been hounded commercially in their local spheres for their unreasoned oppositions or conclusions.
After reaching the conclusion that Cowperwood unquestionably deserved some punishment, there was wrangling as to whether the verdict should be guilty on all four counts, as charged in the indictment. Since they did not understand how to differentiate between the various charges very well, they decided it should be on all four, and a recommendation to mercy added. Afterward this last was eliminated, however; either he was guilty or he was not. The judge could see as well as they could all the extenuating circumstances—perhaps better. Why tie his hands? As a rule no attention was paid to such recommendations, anyhow, and it only made the jury look wabbly.
So, finally, at ten minutes after twelve that night, they were ready to return a verdict; and Judge Payderson, who, because of his interest in the case and the fact that he lived not so far away, had decided to wait up this long, was recalled. Steger and Cowperwood were sent for. The court-room was fully lighted. The bailiff, the clerk, and the stenographer were there. The jury filed in, and Cowperwood, with Steger at his right, took his position at the gate which gave into the railed space where prisoners always stand to hear the verdict and listen to any commentary of the judge. He was accompanied by his father, who was very nervous.
For the first time in his life he felt as though he were walking in his sleep. Was this the real Frank Cowperwood of two months before—so wealthy, so progressive, so sure? Was this only December 5th or 6th now (it was after midnight)? Why was it the jury had deliberated so long? What did it mean? Here they were now, standing and gazing solemnly before them; and here now was Judge Payderson, mounting the steps of his rostrum, his frizzled hair standing out in a strange, attractive way, his familiar bailiff rapping for order. He did not look at Cowperwood—it would not be courteous—but at the jury, who gazed at him in return. At the words of the clerk, “Gentlemen of the jury, have you agreed upon a verdict?” the foreman spoke up, “We have.”
“Do you find the defendant guilty or not guilty?”
“We find the defendant guilty as charged in the indictment.”
How had they come to do this? Because he had taken a check for sixty thousand dollars which did not belong to him? But in reality it did. Good Lord, what was sixty thousand dollars in the sum total of all the money that had passed back and forth between him and George W. Stener? Nothing, nothing! A mere bagatelle in its way; and yet here it had risen up, this miserable, insignificant check, and become a mountain of opposition, a stone wall, a prison-wall barring his further progress. It was astonishing. He looked around him at the court-room. How large and bare and cold it was! Still he was Frank A. Cowperwood. Why should he let such queer thoughts disturb him? His fight for freedom and privilege and restitution was not over yet. Good heavens! It had only begun. In five days he would be out again on bail. Steger would take an appeal. He would be out, and he would have two long months in which to make an additional fight. He was not down yet. He would win his liberty. This jury was all wrong. A higher court would say so. It would reverse their verdict, and he knew it. He turned to Steger, where the latter was having the clerk poll the jury, in the hope that some one juror had been over-persuaded, made to vote against his will.
“Is that your verdict?” he heard the clerk ask of Philip Moultrie, juror No. 1.
“It is,” replied that worthy, solemnly.
“Is that your verdict?” The clerk was pointing to Simon Glassberg.
“Yes, sir.”
“Is that your verdict?” He pointed to Fletcher Norton.
“Yes.”
So it went through the whole jury. All the men answered firmly and clearly, though Steger thought it might barely be possible that one would have changed his mind. The judge thanked them and told them that in view of their long services this night, they were dismissed for the term. The only thing remaining to be done now was for Steger to persuade Judge Payderson to grant a stay of sentence pending the hearing of a motion by the State Supreme Court for a new trial.
The Judge looked at Cowperwood very curiously as Steger made this request in proper form, and owing to the importance of the case and the feeling he had that the Supreme Court might very readily grant a certificate of reasonable doubt in this case, he agreed. There was nothing left, therefore, but for Cowperwood to return at this late hour with the deputy sheriff to the county jail, where he must now remain for five days at least—possibly longer.
The jail in question, which was known locally as Moyamensing Prison, was located at Tenth and Reed Streets, and from an architectural and artistic point of view was not actually displeasing to the eye. It consisted of a central portion—prison, residence for the sheriff or what you will—three stories high, with a battlemented cornice and a round battlemented tower about one-third as high as the central portion itself, and two wings, each two stories high, with battlemented turrets at either end, giving it a highly castellated and consequently, from the American point of view, a very prison-like appearance. The facade of the prison, which was not more than thirty-five feet high for the central portion, nor more than twenty-five feet for the wings, was set back at least a hundred feet from the street, and was continued at either end, from the wings to the end of the street block, by a stone wall all of twenty feet high. The structure was not severely prison-like, for the central portion was pierced by rather large, unbarred apertures hung on the two upper stories with curtains, and giving the whole front a rather pleasant and residential air. The wing to the right, as one stood looking in from the street, was the section known as the county jail proper, and was devoted to the care of prisoners serving short-term sentences on some judicial order. The wing to the left was devoted exclusively to the care and control of untried prisoners. The whole building was built of a smooth, light-colored stone, which on a snowy night like this, with the few lamps that were used in it glowing feebly in the dark, presented an eery, fantastic, almost supernatural appearance.
It was a rough and blowy night when Cowperwood started for this institution under duress. The wind was driving the snow before it in curious, interesting whirls. Eddie Zanders, the sheriff’s deputy on guard at the court of Quarter Sessions, accompanied him and his father and Steger. Zanders was a little man, dark, with a short, stubby mustache, and a shrewd though not highly intelligent eye. He was anxious first to uphold his dignity as a deputy sheriff, which was a very important position in his estimation, and next to turn an honest penny if he could. He knew little save the details of his small world, which consisted of accompanying prisoners to and from the courts and the jails, and seeing that they did not get away. He was not unfriendly to a particular type of prisoner—the well-to-do or moderately prosperous—for he had long since learned that it paid to be so. To-night he offered a few sociable suggestions—viz., that it was rather rough, that the jail was not so far but that they could walk, and that Sheriff Jaspers would, in all likelihood, be around or could be aroused. Cowperwood scarcely heard. He was thinking of his mother and his wife and of Aileen.
When the jail was reached he was led to the central portion, as it was here that the sheriff, Adlai Jaspers, had his private office. Jaspers had recently been elected to office, and was inclined to conform to all outward appearances, in so far as the proper conduct of his office was concerned, without in reality inwardly conforming. Thus it was generally known among the politicians that one way he had of fattening his rather lean salary was to rent private rooms and grant special privileges to prisoners who had the money to pay for the same. Other sheriffs had done it before him. In fact, when Jaspers was inducted into office, several prisoners were already enjoying these privileges, and it was not a part of his scheme of things to disturb them. The rooms that he let to the “right parties,” as he invariably put it, were in the central portion of the jail, where were his own private living quarters. They were unbarred, and not at all cell-like. There was no particular danger of escape, for a guard stood always at his private door instructed “to keep an eye” on the general movements of all the inmates. A prisoner so accommodated was in many respects quite a free person. His meals were served to him in his room, if he wished. He could read or play cards, or receive guests; and if he had any favorite musical instrument, that was not denied him. There was just one rule that had to be complied with. If he were a public character, and any newspaper men called, he had to be brought down-stairs into the private interviewing room in order that they might not know that he was not confined in a cell like any other prisoner.
Nearly all of these facts had been brought to Cowperwood’s attention beforehand by Steger; but for all that, when he crossed the threshold of the jail a peculiar sensation of strangeness and defeat came over him. He and his party were conducted to a little office to the left of the entrance, where were only a desk and a chair, dimly lighted by a low-burning gas-jet. Sheriff Jaspers, rotund and ruddy, met them, greeting them in quite a friendly way. Zanders was dismissed, and went briskly about his affairs.
“A bad night, isn’t it?” observed Jaspers, turning up the gas and preparing to go through the routine of registering his prisoner. Steger came over and held a short, private conversation with him in his corner, over his desk which resulted presently in the sheriff’s face lighting up.
“Oh, certainly, certainly! That’s all right, Mr. Steger, to be sure! Why, certainly!”
Cowperwood, eyeing the fat sheriff from his position, understood what it was all about. He had regained completely his critical attitude, his cool, intellectual poise. So this was the jail, and this was the fat mediocrity of a sheriff who was to take care of him. Very good. He would make the best of it. He wondered whether he was to be searched—prisoners usually were—but he soon discovered that he was not to be.
“That’s all right, Mr. Cowperwood,” said Jaspers, getting up. “I guess I can make you comfortable, after a fashion. We’re not running a hotel here, as you know”—he chuckled to himself—“but I guess I can make you comfortable. John,” he called to a sleepy factotum, who appeared from another room, rubbing his eyes, “is the key to Number Six down here?”
“Yes, sir.”
“Let me have it.”
John disappeared and returned, while Steger explained to Cowperwood that anything he wanted in the way of clothing, etc., could be brought in. Steger himself would stop round next morning and confer with him, as would any of the members of Cowperwood’s family whom he wished to see. Cowperwood immediately explained to his father his desire for as little of this as possible. Joseph or Edward might come in the morning and bring a grip full of underwear, etc.; but as for the others, let them wait until he got out or had to remain permanently. He did think of writing Aileen, cautioning her to do nothing; but the sheriff now beckoned, and he quietly followed. Accompanied by his father and Steger, he ascended to his new room.
It was a simple, white-walled chamber fifteen by twenty feet in size, rather high-ceiled, supplied with a high-backed, yellow wooden bed, a yellow bureau, a small imitation-cherry table, three very ordinary cane-seated chairs with carved hickory-rod backs, cherry-stained also, and a wash-stand of yellow-stained wood to match the bed, containing a washbasin, a pitcher, a soap-dish, uncovered, and a small, cheap, pink-flowered tooth and shaving brush mug, which did not match the other ware and which probably cost ten cents. The value of this room to Sheriff Jaspers was what he could get for it in cases like this—twenty-five to thirty-five dollars a week. Cowperwood would pay thirty-five.
Cowperwood walked briskly to the window, which gave out on the lawn in front, now embedded in snow, and said he thought this was all right. Both his father and Steger were willing and anxious to confer with him for hours, if he wished; but there was nothing to say. He did not wish to talk.
“Let Ed bring in some fresh linen in the morning and a couple of suits of clothes, and I will be all right. George can get my things together.” He was referring to a family servant who acted as valet and in other capacities. “Tell Lillian not to worry. I’m all right. I’d rather she would not come here so long as I’m going to be out in five days. If I’m not, it will be time enough then. Kiss the kids for me.” And he smiled good-naturedly.
After his unfulfilled predictions in regard to the result of this preliminary trial Steger was almost afraid to suggest confidently what the State Supreme Court would or would not do; but he had to say something.
“I don’t think you need worry about what the outcome of my appeal will be, Frank. I’ll get a certificate of reasonable doubt, and that’s as good as a stay of two months, perhaps longer. I don’t suppose the bail will be more than thirty thousand dollars at the outside. You’ll be out again in five or six days, whatever happens.”
Cowperwood said that he hoped so, and suggested that they drop matters for the night. After a few fruitless parleys his father and Steger finally said good night, leaving him to his own private reflections. He was tired, however, and throwing off his clothes, tucked himself in his mediocre bed, and was soon fast asleep.
Chapter XLV
Say what one will about prison life in general, modify it ever so much by special chambers, obsequious turnkeys, a general tendency to make one as comfortable as possible, a jail is a jail, and there is no getting away from that. Cowperwood, in a room which was not in any way inferior to that of the ordinary boarding-house, was nevertheless conscious of the character of that section of this real prison which was not yet his portion. He knew that there were cells there, probably greasy and smelly and vermin-infested, and that they were enclosed by heavy iron bars, which would have as readily clanked on him as on those who were now therein incarcerated if he had not had the price to pay for something better. So much for the alleged equality of man, he thought, which gave to one man, even within the grim confines of the machinery of justice, such personal liberty as he himself was now enjoying, and to another, because he chanced to lack wit or presence or friends or wealth, denied the more comfortable things which money would buy.
The morning after the trial, on waking, he stirred curiously, and then it suddenly came to him that he was no longer in the free and comfortable atmosphere of his own bedroom, but in a jail-cell, or rather its very comfortable substitute, a sheriff’s rented bedroom. He got up and looked out the window. The ground outside and Passayunk Avenue were white with snow. Some wagons were silently lumbering by. A few Philadelphians were visible here and there, going to and fro on morning errands. He began to think at once what he must do, how he must act to carry on his business, to rehabilitate himself; and as he did so he dressed and pulled the bell-cord, which had been indicated to him, and which would bring him an attendant who would build him a fire and later bring him something to eat. A shabby prison attendant in a blue uniform, conscious of Cowperwood’s superiority because of the room he occupied, laid wood and coal in the grate and started a fire, and later brought him his breakfast, which was anything but prison fare, though poor enough at that.
After that he was compelled to wait in patience several hours, in spite of the sheriff’s assumption of solicitous interest, before his brother Edward was admitted with his clothes. An attendant, for a consideration, brought him the morning papers, and these, except for the financial news, he read indifferently. Late in the afternoon Steger arrived, saying he had been busy having certain proceedings postponed, but that he had arranged with the sheriff for Cowperwood to be permitted to see such of those as had important business with him.
By this time, Cowperwood had written Aileen under no circumstances to try to see him, as he would be out by the tenth, and that either that day, or shortly after, they would meet. As he knew, she wanted greatly to see him, but he had reason to believe she was under surveillance by detectives employed by her father. This was not true, but it was preying on her fancy, and combined with some derogatory remarks dropped by Owen and Callum at the dinner table recently, had proved almost too much for her fiery disposition. But, because of Cowperwood’s letter reaching her at the Calligans’, she made no move until she read on the morning of the tenth that Cowperwood’s plea for a certificate of reasonable doubt had been granted, and that he would once more, for the time being at least, be a free man. This gave her courage to do what she had long wanted to do, and that was to teach her father that she could get along without him and that he could not make her do anything she did not want to do. She still had the two hundred dollars Cowperwood had given her and some additional cash of her own—perhaps three hundred and fifty dollars in all. This she thought would be sufficient to see her to the end of her adventure, or at least until she could make some other arrangement for her personal well-being. From what she knew of the feeling of her family for her, she felt that the agony would all be on their side, not hers. Perhaps when her father saw how determined she was he would decide to let her alone and make peace with her. She was determined to try it, anyhow, and immediately sent word to Cowperwood that she was going to the Calligans and would welcome him to freedom.
In a way, Cowperwood was rather gratified by Aileen’s message, for he felt that his present plight, bitter as it was, was largely due to Butler’s opposition and he felt no compunction in striking him through his daughter. His former feeling as to the wisdom of not enraging Butler had proved rather futile, he thought, and since the old man could not be placated it might be just as well to have Aileen demonstrate to him that she was not without resources of her own and could live without him. She might force him to change his attitude toward her and possibly even to modify some of his political machinations against him, Cowperwood. Any port in a storm—and besides, he had now really nothing to lose, and instinct told him that her move was likely to prove more favorable than otherwise—so he did nothing to prevent it.
She took her jewels, some underwear, a couple of dresses which she thought would be serviceable, and a few other things, and packed them in the most capacious portmanteau she had. Shoes and stockings came into consideration, and, despite her efforts, she found that she could not get in all that she wished. Her nicest hat, which she was determined to take, had to be carried outside. She made a separate bundle of it, which was not pleasant to contemplate. Still she decided to take it. She rummaged in a little drawer where she kept her money and jewels, and found the three hundred and fifty dollars and put it in her purse. It wasn’t much, as Aileen could herself see, but Cowperwood would help her. If he did not arrange to take care of her, and her father would not relent, she would have to get something to do. Little she knew of the steely face the world presents to those who have not been practically trained and are not economically efficient. She did not understand the bitter reaches of life at all. She waited, humming for effect, until she heard her father go downstairs to dinner on this tenth day of December, then leaned over the upper balustrade to make sure that Owen, Callum, Norah, and her mother were at the table, and that Katy, the housemaid, was not anywhere in sight. Then she slipped into her father’s den, and, taking a note from inside her dress, laid it on his desk, and went out. It was addressed to “Father,” and read:
Dear Father,—I just cannot do what you want me to. I have made up my mind that I love Mr. Cowperwood too much, so I am going away. Don’t look for me with him. You won’t find me where you think. I am not going to him; I will not be there. I am going to try to get along by myself for a while, until he wants me and can marry me. I’m terribly sorry; but I just can’t do what you want. I can’t ever forgive you for the way you acted to me. Tell mama and Norah and the boys good-by for me.
Aileen
To insure its discovery, she picked up Butler’s heavy-rimmed spectacles which he employed always when reading, and laid them on it. For a moment she felt very strange, somewhat like a thief—a new sensation for her. She even felt a momentary sense of ingratitude coupled with pain. Perhaps she was doing wrong. Her father had been very good to her. Her mother would feel so very bad. Norah would be sorry, and Callum and Owen. Still, they did not understand her any more. She was resentful of her father’s attitude. He might have seen what the point was; but no, he was too old, too hidebound in religion and conventional ideas—he never would. He might never let her come back. Very well, she would get along somehow. She would show him. She might get a place as a school-teacher, and live with the Calligans a long while, if necessary, or teach music.
She stole downstairs and out into the vestibule, opening the outer door and looking out into the street. The lamps were already flaring in the dark, and a cool wind was blowing. Her portmanteau was heavy, but she was quite strong. She walked briskly to the corner, which was some fifty feet away, and turned south, walking rather nervously and irritably, for this was a new experience for her, and it all seemed so undignified, so unlike anything she was accustomed to doing. She put her bag down on a street corner, finally, to rest. A boy whistling in the distance attracted her attention, and as he drew near she called to him: “Boy! Oh, boy!”
He came over, looking at her curiously.
“Do you want to earn some money?”
“Yes, ma’am,” he replied politely, adjusting a frowsy cap over one ear.
“Carry this bag for me,” said Aileen, and he picked it up and marched off.
In due time she arrived at the Calligans’, and amid much excitement was installed in the bosom of her new home. She took her situation with much nonchalance, once she was properly placed, distributing her toilet articles and those of personal wear with quiet care. The fact that she was no longer to have the services of Kathleen, the maid who had served her and her mother and Norah jointly, was odd, though not trying. She scarcely felt that she had parted from these luxuries permanently, and so made herself comfortable.
Mamie Calligan and her mother were adoring slaveys, so she was not entirely out of the atmosphere which she craved and to which she was accustomed.