The Turn of the Balance

V

"Come in, old man." Marriott glanced up at Dick Ward, who stood smiling in the doorway of his private office.

"Don't let me interrupt you, my boy," said Dick as he entered.

"Just a minute," said Marriott, "and then I'm with you." Dick dropped into the big leather chair, unbuttoned his tan overcoat, arranged its skirts, drew off his gloves, and took a silver cigarette-case from his pocket. Marriott, swinging about in his chair, asked his stenographer to repeat the last line, picked up the thread, went on:

"And these answering defendants further say that heretofore, to wit, on or about–"

Dick, leaning back in his chair, inhaling the smoke of his cigarette, looked at the girl who sat beside Marriott's desk, one leg crossed over the other, the tip of her patent-leather boot showing beneath her skirt, on her knee the pad on which she wrote in shorthand. The girl's eyelashes trembled presently and a flush showed in her cheeks, spreading to her white throat and neck. Dick did not take his eyes from her. When Marriott finished, the girl left the room hurriedly.

"Well, what's the news?" asked Marriott.

"Devilish fine-looking girl you've got there, old man!" said Dick, whose eyes had followed the stenographer.

"She's a good girl," said Marriott simply.

Dick glanced again at the girl. Through the open door he could see her seating herself at her machine. Then he recalled himself and turned to Marriott.

"Say, Bess was trying to get you by 'phone this morning."

"Is that so?" said Marriott in a disappointed tone. "I was in court all morning."

"Well, she said she'd give it up. She said that old man Koerner had left the hospital and gone home. He sent word to her that he wanted to see you."

"Oh, yes," said Marriott, "about that case of his. I must attend to that, but I've been so busy." He glanced at his disordered desk, with its hopeless litter of papers. "Let's see," he went on meditatively, "I guess"–he thought a moment, "I guess I might as well go out there this afternoon as any time. How far is it?"

"Oh, it's 'way out on Bolt Street."

"What car do I take?"

"Colorado Avenue, I think. I'll go 'long, if you want me."

"I'll be delighted," said Marriott. He thought a moment longer, then closed his desk, and said, "We'll go now."

When they got off the elevator twelve floors below, Dick said:

"I've got to have a drink before I start. Will you join me?"

"I just had luncheon a while ago," said Marriott; "I don't really–"

"I never got to bed till morning," said Dick. "I sat in a little game at the club last night, and I'm all in."

Marriott, amused by the youth's pride in his dissipation, went with him to the café in the basement. Standing before the polished bar, with one foot on the brass rail, Dick said to the white-jacketed bartender:

"I want a high-ball; you know my brand, George. What's yours, Gordon?"

"Oh, I'll take the same." Marriott watched Dick pour a generous libation over the ice in the glass.

"Don't forget the imported soda," added Dick with an air of the utmost seriousness and importance, and the bartender, swiftly pulling the corks, said:

"I wouldn't forget you, Mr. Ward."

The car for which they waited in the drifting crowd at the corner was half an hour in getting them out to the neighborhood in which the Koerners lived. They stood on the rear platform all the way, because, as Dick said, he had to smoke, and as he consumed his cigarettes, he discoursed to Marriott of the things that filled his life–his card games and his drinking at the club, his constant attendance at theaters and cafés. His cheeks were fresh and rosy as a girl's, and smooth from the razor they did not need. Marriott, as he looked at him, saw a resemblance to Elizabeth, and this gave the boy an additional charm for him. He studied this resemblance, but he could not analyze it. Dick had neither his sister's features nor her complexion; and yet the resemblance was there, flitting, remote, revealing itself one instant to disappear the next, evading and eluding him. He could not account for it, yet its effect was to make his heart warm toward the boy, to make him love him.

Marriott let Dick go on in his talk, but he scarcely heard what the boy said; it was the spirit that held him and charmed him, the spirit of youth launching with sublime courage into life, not yet aware of its significance or its purpose. He thought of the danger the boy was in and longed to help him. How was he to do this? Should he admonish him? No,–instantly he recognized the fact that he could not do this; he shrank from preaching; he could take no priggish or Pharisaical attitude; he had too much culture, too much imagination for that; besides, he reflected with a shade of guilt, he had just now encouraged Dick by drinking with him. He flung away his cigarette as if it symbolized the problem, and sighed when he thought that Dick, after all, would have to make his way alone and fight his own battles, that the soul can emerge into real life only through the pains and dangers that accompany all birth.

Marriott's knock at the Koerners' door produced the sensation visits make where they are infrequent, but he and Dick had to wait before the vague noises died away and the door opened to them. Mrs. Koerner led them through the parlor–which no occasion seemed ever to merit–to the kitchen at the other end of the house. The odor of carbolic acid which the two men had detected the moment they entered, grew stronger as they approached the kitchen, and there they beheld Koerner, the stump of his leg bundled in surgical bandages, resting on a pillow in a chair before him. His position constrained him not to move, and he made no attempt to turn his head; but when the young men stood before him, he raised to them a bronzed and wrinkled face. His white hair was rumpled, and he wore a cross and dissatisfied expression; he held by its bowl the new meerschaum pipe Elizabeth had sent him, and waved its long stem at Marriott and Dick, as he waved it scepter-like in ruling his household.

"My name is Marriott, Mr. Koerner, and this is Mr. Ward, Miss Elizabeth's brother. She said you wished to see me."

"You gom', huh?" said Koerner, fixing Marriott with his little blue eyes.

"Yes, I'm here at last," said Marriott. "Did you think I was never going to get here?" He drew up a chair and sat down. Dick took another chair, but leaned back and glanced about the room, as if to testify to his capacity of mere spectator. Mrs. Koerner stood beside her husband and folded her arms. The two children, hidden in their mother's skirts, cautiously emerged, a bit at a time, as it were, until they stood staring with wide, curious blue eyes at Marriott.

"You bin a lawyer, yet, huh?" asked Koerner severely.

"Yes, I'm a lawyer. Miss Ward said you wished to see a lawyer."

"I've blenty lawyers alreadty," said Koerner. "Der bin more as a dozen hier." He waved his pipe at the clock-shelf, where a little stack of professional cards told how many lawyers had solicited Koerner as a client. Marriott could have told the names of the lawyers without looking at their cards.

"Have you retained any of them?" asked Marriott.

"Huh?" asked Koerner, scowling.

"Did you hire any of them?"

"No, I tell 'em all to go to hell."

"That's where most of them are going," said Marriott.

But Koerner did not see the joke.

"How's your injury?" asked Marriott.

Koerner winced perceptibly at Marriott's mere glance at his amputated leg, and stretched the pipe-stem over it as if in protection.

"He's hurt like hell," he said.

"Why, hasn't the pain left yet?" asked Marriott in surprise.

"No, I got der rheumatiz' in dot foot," he pointed with his pipe-stem at the vacancy where the foot used to be.

"That foot!" exclaimed Marriott.

"Bess told us of that," Dick put in. "It gave her the willies."

"Well, I should think so," said Marriott.

Koerner looked from one to the other of the two young men.

"That's funny, Mr. Koerner," said Marriott, "that foot's cut off."

"I wish der tamn doctors cut off der rheumatiz' der same time! Dey cut off der foot all right, but dey leave der rheumatiz'." He turned the long stem of his pipe to his lips and puffed at it, and looked at the leg as if he were taking up a problem he was working on daily.

"Well, now, Mr. Koerner," said Marriott presently, "tell me how it happened and I'll see if I can help you."

Koerner, just on the point of placing his pipe-stem between his long, loose, yellow teeth, stopped and looked intently at Marriott. Marriott saw at once from his expression that he had once more to contend with the suspicion the poor always feel when dealing with a lawyer.

"So you been Mr. Marriott, huh?" asked Koerner.

"Yes, I'm Marriott."

"Der lawyer?"

"Yes, the lawyer."

"You der one vot Miss Ward sent alreadty, aind't it?"

"Yes, I'm the one." Marriott smiled, and then, thinking suddenly of an incontrovertible argument, he waved his hand at Dick. "This is her brother. She sent him to bring me here."

The old man looked at Dick, and then turned to Marriott again.

"How much you goin' charge me, huh?" His little hard blue eyes were almost closed.

"Oh, if I don't get any damages for you, I won't charge you anything."

The old man made him repeat this several times, and when at last he understood, he seemed relieved and pleased. And then he wished to know what the fee would be in the event of success.

"Oh," said Marriott, "how would one-fifth do?"

Koerner, when he grasped the idea of the percentage, was satisfied; the other lawyers who had come to see him had all demanded a contingent fee of one-third or one-half. When the long bargaining was done and explained to Mrs. Koerner, who sat watchfully by trying to follow the conversation, and when Marriott had said that he would draw up a contract for them to sign and bring it when he came again, the old man was ready to go on with his story. But before he did so he paused with his immeasurable German patience to fill his pipe, and, when he had lighted it, he began.

"Vell, Mr. Marriott, ven I gom' on dis gountry, I go to vork for dot railroadt; I vork dere ever since–dot's t'irty-seven year now alreadty." He paused and puffed, and slowly winked his eyes as he contemplated those thirty-seven years of toil. "I vork at first for t'irty tollar a month, den von day Mister Greene, dot's der suberintendent in dose tays, he call me in, undt he say, 'Koerner, you can read?' I say I read English some, undt he say, 'Vell, read dot,' undt he handt me a telegram. Vell I read him–it say dot Greene can raise der vages of his vatchman to forty tollar a month. Vell, I handt him der telegram back undt I say, 'I could read two t'ree more like dot, Mister Greene.' He laugh den undt he say, 'Vell, you read dot von twicet.' Vell, I got forty tollar a month den; undt in ten year dey raise me oncet again to forty-five. That's purty goodt, I t'ink." The old man paused in this retrospect of good fortune. "Vell," he went on, "I vork along, undt dey buildt der new shops, undt I vork like a dog getting dose t'ings moved, but after dey get all moved, he calls me in von tay, undt he say my vages vould be reduced to forty tollar a month. Vell, I gan't help dot–I haind't got no other chob. Den, vell, I vork along all right, but der town get bigger, an' der roadt got bigger, an' dere's so many men dere at night dey don't need me much longer. Undt Mr. Greene–he's lost his chob, too, undt Mr. Churchill–he's der new suberintendent–he's cut ever't'ing down, undt after he gom' eferbody vork longer undt get hell besides. He cut me down to vere I vas at der first blace–t'irty tollar a month. So!"

The old man turned out his palms; and his face wrinkled into a strange grimace that expressed his enforced submission to this fate. And he smoked on until Marriott roused him.

"Vell," he said, "dot night it snows, undt I start home again at five o'clock. It's dark undt the snow fly so I gan't hardly see der svitch lights. But I gom' across der tracks yust like I always do goming home–dot's the shortest way I gom', you know–undt I ben purty tired, undt my tamned old rheumatiz' he's raisin' hell for t'ree days because dot storm's comin'–vell, I gom' along beside dere segond track over dere, undt I see an engine, but he's goin' on dot main track, so I gets over–vell, de snow's fallin' undt I gan't see very well, undt somehow dot svitch-engine gom' over on der segond track, undt I chump to get away, but my foot he's caught in der frog–vell, I gan't move, but I bent vay over to one side–so"–the old man strained himself over the arm of his chair to illustrate–"undt der svitch-engine yust cut off my foot nice undt glean. Vell, dot's all der was aboudt it."

Marriott gave a little shudder; in a flash he had a vision of Koerner there in the wide switch-yard with its bewildering red and green lights, the snow filling the air, the gloom of the winter twilight, his foot fast in the frog, bending far over to save his body, awaiting the switch-engine as it came stealing swiftly down on him.

"Did the engine whistle or ring its bell?"

"No," said the old man.

"And the frog–that was unblocked?"

Koerner leaned toward Marriott with a cunning smile.

"Dot's vere I got 'em, aind't it? Dot frog he's not blocked dere dot time; der law say dey block dose frog all der time, huh?"

"Yes, the frog must be blocked. But how did your foot get caught in the frog?"

"Vell, I shlipped, dot's it. I gan't see dot frog. You ask Charlie Drake; he's dere–he seen it."

"What does he do?" asked Marriott as he scribbled the name on an old envelope.

"He's a svitchman in der yard; he tol' you all aboudt it; he seen it–he knows. He say to me, 'Reinhold, you get damage all right; dot frog haind't blocked dot time.'"

Just then the kitchen door opened and Gusta came in. When she saw Marriott and Ward, she stopped and leaned against the door; her face, ruddy from the cool air, suddenly turned a deeper red.

"Oh, Mr. Dick!" she said, and then she looked at Marriott, whom she had seen and served so often at the Wards'.

"How do you do, Gusta?" said Marriott, getting up and taking her hand. She flushed deeper than ever as she came forward, and her blue eyes sparkled with pleasure. Dick, too, rose and took her hand.

"Hello, Gusta," he said, "how are you?"

"Oh, pretty well, Mr. Dick," she answered. She stood a moment, and then quietly began to unbutton her jacket and to draw the pins from her hat. Marriott, who had seen her so often at the Wards', concluded as she stood there before him that he had never realized how beautiful she was. She removed her wraps, then drew up a chair by her father and sat down, lifting her hands and smoothing the coils of her golden hair, touching them gently.

"You've come to talk over pa's case, haven't you, Mr. Marriott?"

"Yes," said Marriott.

"I'm glad of that," the girl said. "He has a good case, hasn't he?"

"I think so," said Marriott, and then he hastened to add the qualification that is always necessary in so unexact and whimsical a science as the law, "that is, it seems so now; I'll have to study it somewhat before I can give you a definite opinion."

"I think he ought to have big damages," said Gusta. "Why, just think! He's worked for that railroad all his life, and now to lose his foot!"

She looked at her father, her affection and sympathy showing in her expression. Marriott glanced at Dick, whose eyes were fixed on the girl. His lips were slightly parted; he gazed at her boldly, his eyes following every curve of her figure. Her yellow hair was bright in the light, and the flush of her cheeks spread to her white neck. And Marriott, in the one moment he glanced at Dick, saw in his face another expression–an expression that displeased him; and as he recalled the resemblance to Elizabeth he thought he had noted, he impatiently put it away, and became angry with himself for ever imagining such a resemblance; he felt as if he had somehow done Elizabeth a wrong. All the while they were there Dick kept his bold gaze on Gusta, and presently Gusta seemed to feel it; the flush of her face and neck deepened, she grew ill at ease, and presently she rose and left the room.

When they were in the street Marriott said to Dick:

"I don't know about that poor old fellow's case–I'm afraid–"

"Gad!" said Dick. "Isn't Gusta a corker! I never saw a prettier girl."

"And you never noticed it before?" said Marriott.

"Why, I always knew she was good-looking, yes," said Dick; "but I never paid much attention to her when she worked for us. I suppose it was because she was a servant, don't you know? A man never notices the servants, someway."

VI

Ward had not been in the court-house for years, and, as he entered the building that morning, he hoped he might never be called there again if his mission were to be as sad as the one on which he then was bent. Eades had asked him to be there at ten o'clock; it was now within a quarter of the hour. With a layman's difficulty he found the criminal court, and as he glanced about the high-ceiled room, and saw that the boy had not yet been brought in, he felt the relief that comes from the postponement of an ordeal. With an effect of effacing himself, he shrank into one of the seats behind the bar, and as he waited his mind ran back over the events of the past four weeks. He calculated–yes, the flurry in the market had occurred on the day of the big snow-storm; and now, so soon, it had come to this! Ward marveled; he had always heard that the courts were slow, but this–this was quick work indeed! The court-room was almost empty. The judge's chair, cushioned in leather, was standing empty behind the high oaken desk. The two trial tables, across which day after day lawyers bandied the fate of human beings, were set with geometric exactness side by side, as if the janitors had fixed them with an eye to the impartiality of the law, resolved to give the next comers an even start. A clerk was writing in a big journal; the bailiff had taken a chair in the fading light of one of the tall southern windows, and in the leisure he could so well afford in a life that was all leisure, was reading a newspaper. His spectacles failed to lend any glisten of interest to his eyes; he read impersonally, almost officially; all interest seemed to have died out of his life, and he could be stirred to physical, though never to mental activity, only by the judge himself, to whom he owed his sinecure. The life had long ago died out of this man, and he had a mild, passive interest in but one or two things, like the Civil War, and the judge's thirst, which he regularly slaked with drafts of ice-water.

Presently two or three young men entered briskly, importantly, and went at once unhesitatingly within the bar. They entered with an assertive air that marked them indubitably as young lawyers still conscious of the privileges so lately conferred. Then some of the loafers came in from the corridor and sidled into the benches behind the bar. Their conversation in low tones, and that of the young lawyers in the higher tones their official quality permitted them, filled the room with a busy interest. From time to time the loafers were joined by other loafers, and they all patiently waited for the sensation the criminal court could dependably provide.

It was not long before there was a scrape and shuffle of feet and a rattle of steel, and then a broad-shouldered man edged through the door. With his right hand he seized a Scotch cap from a head that bristled with a stubble of red hair. His left hand hung by his side, and when he had got into the court-room, Ward saw, that a white-haired man walked close beside him, his right hand manacled to the left hand of the red-haired man. The red-haired man was Danner, the jailer. Behind him in sets of twos marched half a dozen other men, each set chained together. The rear of the little procession was brought up by Utter, a stalwart young man who was one of Danner's assistants.

The scrape of the feet that were so soon to shuffle into the penitentiary, and leave scarce an echo of their hopeless fall behind, roused every one in the court-room. Even the bailiff got to his rheumatic feet and hastily arranged a row of chairs in front of the trial tables. The prisoners sat down and tried to hide their manacles by dropping their hands between their chairs.