Mr. Tutt grinned at the jury and the jury grinned affectionately back at Mr. Tutt. Indeed, after the length of time they had all been together they had almost as much respect for him as for the judge upon the bench. The whole court seemed to be a sort of Tutt Club, of which even O'Brien was a member.
Now, said Mr. Tutt, I will call a few witnesses to show you what kind of a man this is whom these highbinders accuse of the crime of murder!
Mock, rolling his eyes heavenward, assumed an expression of infantile helplessness and trust.
Don't overdo it! growled Tutt. Just look kind of gentle.
So Mock looked as gentle as a suckling dove while two professors from Columbia University, three of his landlords in his more reputable business enterprises, the superintendent of the Rising Sun Mission, four ex-police officers, a fireman, and an investigator for the Society for the Suppression of Sin swore upon Holy Writ and with all sincerity that Mock Hen was not only a person of the most excellent character and reputation but a Christian and a gentleman.
And then Mr. Tutt played his trump card.
I will call Miss Frances Duryea, of Hudson House, he announced. Miss Duryea, will you kindly take the witness chair?
Miss Fanny modestly rose from her seat in the rear of the room and came forward. No one could for an instant doubt the honesty and impartiality of this devoted middle-aged woman, who, surrendering the comforts and luxuries of her home uptown, to which she was well entitled by reason of her age, was devoting herself to a life of service. If a woman like that, thought the jury, was ready to vouch for Mock's good character, why waste any more time on the case? But Miss Fanny was to do much more.
Miss Duryea, began Mr. Tutt, do you know the defendant?
Yes, sir; I do, she answered quietly.
How long have you known him?
Six years.
Do you know his reputation for peace and quiet?
Miss Fanny half turned to the judge and then faced the jury.
He is one of the sweetest characters I have ever known, she replied, and I have known many-
Oh, I object! interrupted O'Brien. This lady can't be permitted to testify to anything like that. She must be limited by the rules of evidence!
With one movement the jury wheeled and glared at him.
I guess this lady can say anything she wants! declared the foreman chivalrously.
O'Brien sank down in his seat. What was the use!
Go on, please, gently directed Mr. Tutt.
As I was saying, Mr. Mock Hen is a very remarkable character, responded Miss Fanny. He is devoted to the mission and to us at the settlement. I would trust him absolutely in regard to anything.
Thank you, said Mr. Tutt, smiling benignly. Now, Miss Duryea, did you see Mock Hen at any time on May sixth?
Instantly the jury showed renewed signs of life. May sixth? That was the day of the murder.
I did, answered Miss Fanny with conviction. He came to see me at Hudson House in the afternoon and while we were talking the clock struck four.
The jury looked at one another and nodded.
Well, I guess that settles this case! announced the foreman.
Right! echoed a talesman behind him.
I object! wailed O'Brien. This is entirely improper!
Quite so! ruled Judge Bender sternly. The jurymen will not make any remarks!
But, Your Honor-we all agreed at recess there was nothing in this case, announced the foreman. And now this testimony simply clinches it. Why go on with it!
That's so! ejaculated another. Let us go, judge.
Mr. Tutt's weather-beaten face was wreathed in smiles.
Easy, gentlemen! he cautioned.
The judge shrugged his shoulders, frowning.
This is very irregular! he said.
Then he beckoned to O'Brien, and the two whispered together for several minutes, while all over the court room on the part of those who had sat there so patiently for sixty-nine days there was a prolonged and ecstatic wriggling of arms and legs. Instinctively they all knew that the farce was over.
That's so! ejaculated another. Let us go, judge.
Mr. Tutt's weather-beaten face was wreathed in smiles.
Easy, gentlemen! he cautioned.
The judge shrugged his shoulders, frowning.
This is very irregular! he said.
Then he beckoned to O'Brien, and the two whispered together for several minutes, while all over the court room on the part of those who had sat there so patiently for sixty-nine days there was a prolonged and ecstatic wriggling of arms and legs. Instinctively they all knew that the farce was over.
The assistant district attorney returned to his table but did not sit down.
If the court please, he said rather wearily, the last witness, Miss Duryea, by her testimony, which I personally am quite ready to accept as truthful, has interjected a reasonable doubt of the defendant's guilt into what otherwise would in my opinion be a case for the jury. If Mock Hen was at Hudson House, nearly two miles from Pell and Doyers Streets, at four o'clock on the afternoon of the homicide, manifestly he could not have been one of the assailants of Quong Lee at one minute past four. I am satisfied that no jury would convict-
Not on your life! snorted the foreman airily.