The Turn of the Balance

XI

The Koerners, indeed, as Marriott said, had had a hard winter. The old man, sustained at first by a foolish optimism, had expected that his injury would be compensated immediately by heavy damages from the railroad he had served so long. Marriott had begun suit, and then the law began the slow and wearisome unfolding of its interminable delays. Weeks and months went by and nothing was done. Koerner sent for Marriott, and Marriott explained–the attorneys for the railroad company had filed a demurrer, the docket was full, the case would not be reached for a long time. Koerner could not understand; finally, he began to doubt Marriott; some of his neighbors, with the suspicion natural to the poor, hinted that Marriott might have been influenced by the company. Koerner's leg, too, gave him incessant pain. All winter long he was confined to the house, and the family grew tired of his monotonous complainings. To add to this, Koerner was now constantly dunned by the surgeon and by the authorities of the hospital; the railroad refused to pay these bills because Koerner had brought suit; the bills, to a frugal German like Koerner, were enormous, appalling.

The Koerners, a year before, had bought the house in which they lived, borrowing the money from a building and loan association. The agent of the association, who had been so kind and obliging before the mortgage was signed, was now sharp and severe; he had lately told Koerner that unless he met the next instalment of interest he would set the family out in the street.

Koerner had saved some money from his wages, small as they were; but this was going fast. During the winter Mrs. Koerner, though still depressed and ill, had begun to do washings; the water, splashing over her legs from the tubs in the cold wood-shed day after day, had given her rheumatism. Gusta helped, of course, but with all they could do it was hard to keep things going. Gusta tried to be cheerful, but this was the hardest work of all; she often thought of the pleasant home of the Wards, and wished she were back there. She would have gone back, indeed, and given her father her wages, but there was much to do at home–the children to look after, the house to keep, the meals to get, the washings to do, and her father's leg to dress. Several times she consulted Marriott about the legal entanglements into which the family was being drawn; Marriott was wearied with the complications–the damage suit, the mortgage, the threatened actions for the doctor's bills. The law seemed to be snarling the Koerners in every one of its meshes, and the family was settling under a Teutonic melancholia.

Just at this time the law touched the family at another point–Archie was arrested. For a while he had sought work, but his experience in the army had unfitted him for every normal calling; he had acquired a taste for excitement and adventure, and no peaceful pursuit could content him. He would not return to the army because he had too keen a memory of the indignities heaped on a common soldier by officers who had been trained from youth to an utter disregard of all human relations save those that were unreal and artificial. He had learned but one thing in the army, and that was to shoot, and he could shoot well. Somehow he had secured a revolver, a large one, thirty-eight caliber, and with this he was constantly practising.

Because Archie would not work, Koerner became angry with him; he was constantly remonstrating with him and urging him to get something to do. Archie took all his father's reproaches with his usual good nature, but as the winter wore slowly on and the shadow of poverty deepened in the home, the old man became more and more depressed, his treatment of his son became more and more bitter. Finally Archie stayed away from home to escape scolding. He spent his evenings in Nussbaum's saloon, where, because he had been a soldier in the Philippines and was attractive and good looking, he was a great favorite and presently a leader of the young men who spent their evenings there. These young men were workers in a machine shop; they had a baseball club called the "Vikings," and in summer played games in the parks on Sundays. In the winter they spent their evenings in the saloon, the only social center accessible to them; here, besides playing pool, they drank beer, talked loudly, laughed coarsely, sang, and now and then fought, very much like Vikings indeed.

Later, roaming down town to Market Place, Archie made other acquaintances, and these young men were even more like Vikings. They were known as the Market Place gang, and they made their headquarters in Billy Deno's saloon, though they were well known in all the little saloons around the four sides of the Market. They were known, too, at the police station, which stood grimly overlooking Market Place, for they had committed many petty raids, and most of them had served terms in the workhouse. One by one they were being sent to the penitentiary, a distinction they seemed to prize, or which their fellows seemed to prize in them when they got back. The gang had certain virtues,–it stuck together; if a member was in trouble, the other members were all willing to do anything to help him out. Usually this willingness took the form of appearing in police court and swearing to an alibi, but they had done this service so often that the police-court habitués and officials smiled whenever they appeared. Their testimonies never convinced the judge; but they were imperturbable and ever ready to commit perjury in the cause.

When Archie was out of money he could not buy cartridges for his revolver, and he discovered by chance one afternoon, when he had drifted into a little shooting gallery, that the proprietor was glad to give him cartridges in return for an exhibition with the revolver, for the exhibition drew a crowd, and the boozy sailors who lounged along the Market in the evening were fascinated by Archie's skill and forthwith emulated it. It was in this way that Archie met the members of the Market Place gang, and finding them stronger, braver, more enterprising spirits than the Vikings, he became one of them, spent his days and nights with them, and visited Nussbaum's no more. He became the fast friend of Spud Healy, the leader of the gang, and in this way he came to be arrested.

Besides Archie and Spud Healy, Red McGuire, Butch Corrigan, John Connor and Mike Nailor were arrested. A Market Place grocer had missed a box of dried herrings, reported it to the police, and the police, of course, had arrested on suspicion such of the gang as they could find.

Archie's arrest was a blow to Koerner. He viewed the matter from the German standpoint, just as he viewed everything, even after his thirty-seven years in America. It was a blow to his German reverence for law, a reverence which his own discouraging experience of American law could not impair, and it was a blow to his German conception of parental authority; he denounced Archie, declaring that he would do nothing for him even if he could.

Gusta, in the great love she had for Archie, felt an instant desire to go to him, but when she mentioned this, her father turned on her so fiercely that she did not dare mention it again. On Monday morning, when her work was done, Gusta, dressing herself in the clothes she had not often had occasion to wear during the winter, stole out of the house and went down town,–a disobedience in which she was abetted by her mother. Half an hour later Gusta was standing bewildered in the main entrance of the Market Place Police Station. The wide hall was vacant, the old and faded signs on the walls, bearing in English and in German instructions for police-court witnesses, could not aid her. From all over the building she heard noises of various activities,–the hum of the police court, the sound of voices, from some near-by room a laugh. She went on and presently found an open door, and within she saw several officers in uniform, with handsome badges on their breasts and stars on the velvet collars of their coats. As she hesitated before this door, a policeman noticed her, and his coarse face lighted up with a suggestive expression as he studied the curves of her figure. He planted himself directly in front of her, his big figure blocking the way.

"I'd like to speak to my brother, if I can," said Gusta. "He's arrested."

She colored and her eyes fell. The policeman's eyes gleamed.

"What's his name, Miss?" he asked.

"Archie Koerner."

"What's he in fer?"

"I can't tell you, sir."

The policeman looked at her boldly, and then he took her round arm in his big hand and turned her toward the open door.

"Inspector," he said, "this girl wants to see her brother. What's his name?" he asked again, turning to Gusta.

"Koerner, sir," said Gusta, speaking to the scowling inspector, "Archie Koerner."

Inspector McFee, an old officer who had been on the police force for twenty-five years, eyed her suspiciously. His short hair was dappled with gray, and his mustache was clipped squarely and severely on a level with his upper lip. Gusta had even greater fear of him than she had of the policeman, who now released his hold of her arm. Instinctively she drew away from him.

"Archie Koerner, eh?" said the inspector in a gruff voice.

At the name, a huge man, swart and hairy, in civilian's dress, standing by one of the big windows, turned suddenly and glowered at Gusta from under thick black eyebrows. His hair, black and coarse and closely clipped, bristled almost low enough on his narrow forehead to meet his heavy brows. He had a flat nose, and beneath, half encircling his broad, deep mouth, was a black mustache, stubbed and not much larger than his eyebrows. His jaw was square and heavy. A gleam showed in his small black eyes and gave a curiously sinister aspect to his black visage.

"What's that about Koerner?" he said, coming forward aggressively. Gusta shrank from him. She felt herself in the midst of powerful, angry foes.

"You say he's your brother?" asked the inspector.

"Yes, sir."

"What do you want of him?"

"Oh, I just want to see him, sir," Gusta said. "I just want to talk to him a minute–that's all, sir."

Her blue eyes were swimming with tears.

"Hold on a minute," said the man of the dark visage. He went up to the inspector, whispered to him a moment. The inspector listened, finally nodded, then took up a tube that hung by his desk and blew into it. Far away a whistle shrilled.

"Let this girl see Koerner," he said, speaking into the tube, "in Kouka's presence." Then, dropping the tube, he said to Gusta:

"Go down-stairs–you can see him."

The policeman took her by the arm again, and led her down the hall and down the stairs to the turnkey's room. The turnkey unlocked a heavy door and tugged it open; inside, in a little square vestibule, Gusta saw a dim gas-jet burning. The turnkey called:

"Koerner!"

Then he turned to Gusta and said:

"This way."

She went timidly into the vestibule and found herself facing a heavy door, crossed with iron bars. On the other side of the bars was the face of Archie.

"Hello, Gusta," he said.

She had lifted her skirts a little; the floor seemed to her unclean. The odor of disinfectants, which, strong as it was, could not overpower the other odors it was intended to annihilate, came strongly to her. Through the bars she had a glimpse of high whitewashed walls, pierced near the top with narrow windows dirty beyond all hope. On the other side was a row of cells, their barred doors now swinging open. Along the wall miserable figures were stretched on a bench. Far back, where the prison grew dark as night, other figures slouched, and she saw strange, haggard faces peering curiously at her out of the gloom.

"Hello, Gusta," Archie said.

She felt that she should take his hand, but she disliked to thrust it through the bars. Still she did so. In slipping her hand through to take Archie's hand it touched the iron, which was cold and soft as if with some foul grease.

"Oh, Archie," she said, "what has happened?"

"Search me," he said, "I don't know what I'm here for. Ask Detective Kouka there. He run me in."

Gusta turned. The black-visaged man was standing beside her. Archie glared at the detective in open hatred, and Kouka sneered but controlled himself, and looked away as if, after all, he were far above such things.

Then they were silent, for Gusta could not speak.

"How did you hear of the pinch?" asked Archie presently.

"Mrs. Schopfle was in–she told us," replied Gusta.

"What did the old man say?"

"Oh, Archie! He's awful mad!"

Archie hung his head and meditatively fitted the toe of his boot into one of the squares made by the crossed bars at the bottom of the door.

"Say, Gusta," he said, "you tell him I'm in wrong; will you? Honest to God, I am!"

He raised his face suddenly and held it close to the bars.

"I will, Archie," she said.

"And how's ma?"

"Oh, she's pretty well." Gusta could not say the things she wished; she felt the presence of Kouka.

"Say, Gusta," said Archie, "see Mr. Marriott; tell him to come down here; I want him to take my case. I'll work and pay him when I get out. Say, Gusta," he went on, "tell him to come down this afternoon. My God, I've got to get out of here! Will you? You know where his office is?"

"I'll find it," said Gusta.

"It's in the Wayne Building."

Gusta tried to look at Archie; she tried to keep her eyes on his face, on his tumbled yellow hair, on his broad shoulders, broader still because his coat and waistcoat were off, and his white throat was revealed by his open shirt. But she found it hard, because her eyes were constantly challenged by the sights beyond–the cell doors, the men sleeping off their liquor, the restless figures that haunted the shadows, the white faces peering out of the gloom. The smell that came from within was beginning to sicken her.

"Oh, Archie," she said, "it must be awful in there!"

Archie became suddenly enraged

"Awful?" he said. "It's hell! This place ain't fit for a dog to stay in. Why, Gusta, it's alive–it's crawlin'! That's what it is! I didn't sleep a wink last night! Not a wink! Say, Gusta," he grasped the bars, pressed his face against them, "see Mr. Marriott and tell him to get me out of here. Will you? See him, will you?"

"I will, Archie," she said. "Ill go right away."

She was eager now to leave, for she had already turned sick with loathing.

"And say, Gusta," Archie said, "get me some cigarettes and send 'em down by Marriott."

"All right," she said. She was backing away.

"Good-by," he called. The turnkey was locking the door on him.

Outside, Gusta leaned a moment against the wall of the building, breathing in the outdoor air; presently she went on, but it was long before she could cleanse her mouth of the taste or her nostrils of the odor of the foul air of that prison in which her brother was locked.

XII

Gusta hurried out of the alley as fast as she could go; she wished to get away from the police station, and to forget the faces of those men in prison. It was now nine o'clock and the activity of the Market was waning; the few gardener's wagons that lingered with the remnants of their loads were but a suggestion of the hundreds of wagons that had packed the square before the dawn. Under the shed, a block long, a constable was offering at public vendue the household goods of some widow who had been evicted; the torn and rusty mattresses, broken chairs and an old bed were going for scarcely enough to pay the costs; a little, blue-bearded man, who had forced the sale, stood by sharply watching, ready to bid the things in himself if the dealers in second-hand furniture should not offer enough. Gusta hurried on, past butcher-shops, past small saloons, and she hurried faster because every one–the policemen, the second-hand dealers, the drivers of the market-wagons, the butchers in their blood-stained smock frocks–turned to look at her. It was three blocks to the Wayne Building, rearing its fifteen stories aloft from the roaring tide of business at its feet, and Gusta was glad to lose herself in the crowds that swarmed along the street.

The waiting-room of Marriott's office was filled; the door which was lettered with his name was closed, and Gusta had to wait. She joined the group that sat silent in the chairs along the walls, and watched the girl with the yellow hair at the typewriter. The girl's white fingers twinkled over the keys; the little bell tinkled and the girl snatched back the carriage of the machine with a swift grating sound; she wrote furiously, and Gusta was fascinated. She wished she might be a typewriter; it must be so much easier to sit here in this pleasant, sunlit office, high above the cares and turmoil of the world, and write on that beautiful machine; so much easier than to toil in a poor, unhappy home with a mother ill, a father maimed and racked by pains so that he was always morose and cross, a brother in jail, and always work–the thankless task of washing at a tub, of getting meals when there was little food to get them with. Gusta thought she might master the machine, but no–her heart sank–she could not spell nor understand all the long words the lawyers used, so that was hopeless.

After a while the door marked "Mr. Marriott" opened, and a man stepped out, a well-dressed man, with an air of prosperousness; he glanced at the yellow-haired typewriter as he passed out of the office. Marriott was standing in his door, looking at the line of waiting clients; his face was worn and tired. He seemed to hesitate an instant, then he nodded to one of the waiting women, and she rose and entered the private office. Just as Marriott was closing the door, he saw Gusta and smiled, and Gusta was cheered; it was the first friendly smile she had seen that day.

She had to wait two hours. The men did not detain Marriott long, but the women remained in his private office an interminable time, and whenever he opened his door to dismiss one of them, he took out his watch and looked at it. At last, however, when all had gone, he said:

"Well, Gusta, what can I do for you?" He dropped into his chair, swung round to face her, rested one elbow on the top of the desk and leaned his head in his hand.

"I came to see about Archie."

Marriott felt the deadly ennui that came over him at the thought of these petty criminal cases. The crimes were so small, so stupid, and so squalid, they had nothing to excuse them, not even the picturesque quality of adventure that by some sophistry might extenuate crimes of a more enterprising and dangerous class. They were so hopeless, too, and Marriott could hardly keep a straight face while he defended the perpetrators, and yet he allowed himself to be drawn into them; he found himself constantly pleading for some poor devil who had neither money to pay him nor the decency to thank him. Sometimes he wondered why he did it, and whenever he wondered he decided that he would never take another such case. Then the telephone would ring, and before he knew it he would be in police court making another poor devil's cause his own, while more important litigation must wait–for the petty criminals were always in urgent need; the law would not stay for them nor abide their convenience; with them it was imperative, implacable, insistent, as if to dress the balance for its delay and complaisance with its larger criminals. Marriott often thought it over, and he had thought enough to recognize in these poor law-breakers a certain essential innocence; they were so sublimely foolish, so illogical, they made such lavish sacrifice of all that was best in their natures; they lived so hardly, so desperately; they paid such tremendous prices and got so little; they were so unobservant, they learned nothing by experience. And yet with one another they were so kind, so considerate, so loyal, that it seemed hard to realize that they could be so unkind and so disloyal to the rest of mankind. In his instinctive love of human nature, their very hopelessness and helplessness appealed to him.