An American Tragedy - Theodore Dreiser [348]
But while this strong, if rather belated, reply was listened to with proper gravity by the representatives of the various newspapers, Mason vigorously pooh-poohed this “windy” assertion of political plotting, as well as the talk of Clyde’s innocence. “What reason have I, a representative of all the people of this county, to railroad this man anywhere or make one single charge against him unless the charges make themselves? Doesn’t the evidence itself show that he did kill this girl? And has he ever said or done one thing to clear up any of the suspicious circumstances? No! Silence or lies. And until these circumstances are disproved by these very able gentlemen, I am going right ahead. I have all the evidence necessary to convict this young criminal now. And to delay it until January, when I shall be out of office, as they know, and when a new man will have to go over all this evidence with which I have familiarized myself, is to entail great expense to the county. For all the witnesses I have gotten together are right here now, easy to bring into Bridgeburg without any great expense to the county. But where will they be next January or February, especially after the defense has done its best to scatter them? No, sir! I will not agree to it. But, if within ten days or two weeks from now even, they can bring me something that will so much as make it look as though even some of the charges I have made are not true, I’ll be perfectly willing to go before the presiding judge with them, and if they can show him any evidence they have or hope to have, or that there are any distant known witnesses to be secured who can help prove this fellow’s innocence, why, then, well and good. I’ll be willing to ask the judge to grant them as much time as he may see fit, even if it throws the trial over until I am out of office. But if the trial comes up while I’m here, as I honestly hope it will, I’ll prosecute it to the best of my ability, not because I’m looking for an office of any kind but because I am now the district attorney and it is my duty to do so. And as for my being in politics, well, Mr. Belknap is in politics, isn’t he? He ran against me the last time, and I hear he desires to run again.”
Accordingly he proceeded to Albany further to impress upon the Governor the very great need of an immediate special term of the Court so that Clyde might be indicted. And the Governor, hearing the personal arguments of both Mason and Belknap, decided in favor of Mason, on the ground that the granting of a special term did not militate against any necessary delay of the trial of the case, since nothing which the defense as yet had to offer seemed to indicate that the calling of a special term was likely in any way to prevent it from obtaining as much time wherein to try the case as needed. Besides, it would be the business of the Supreme Court justice appointed to consider such arguments—not himself. And accordingly, a special term of the Supreme Court was ordered, with one Justice Frederick Oberwaltzer of the eleventh judicial district designated to preside. And when Mason appeared before him with the request that he fix the date of the Special Grand Jury by which Clyde might be indicted, this was set for August fifth.
And then that body sitting, it was no least trouble for Mason to have Clyde indicted.
And thereafter the best that Belknap and Jephson could do was to appear before Oberwaltzer, a Democrat, who owed his appointment to a previous governor, to argue for a change of venue, on the ground that by no possible stretch of the imagination could any twelve men residing in Cataraqui County be found who, owing to the public and private statements of Mason, were not already vitally opposed to Clyde and so convinced of his guilt that before ever such a jury could be addressed by a defense, he would be convicted.