An American Tragedy - Theodore Dreiser [415]
“Much has been said here concerning motive and its importance in this case, but you are to remember that proof of motive is by no means indispensable or essential to conviction. While a motive may be shown as a CIRCUMSTANCE to aid in FIXING a crime, yet the people are not required to prove a motive.
“If the jury finds that Roberta Alden accidentally or involuntarily fell out of the boat and that the defendant made no attempt to rescue her, that does not make the defendant guilty and the jury must find the defendant ‘not guilty.’ On the other hand, if the jury finds that the defendant in any way, intentionally, there and then brought about or contributed to that fatal accident, either by a blow or otherwise, it must find the defendant guilty.
“While I do not say that you must agree upon your verdict, I would suggest that you ought not, any of you, place your minds in a position which will not yield if after careful deliberation you find you are wrong.”
So, Justice Oberwaltzer—solemnly and didactically from his high seat to the jury.
And then, that point having been reached, the jury rising and filing from the room at five in the afternoon. And Clyde immediately thereafter being removed to his cell before the audience proper was allowed to leave the building. There was constant fear on the part of the sheriff that he might be attacked. And after that five long hours in which he waited, walking to and fro, to and fro, in his cell, or pretending to read or rest, the while Kraut or Sissel, tipped by various representatives of the press for information as to how Clyde “took it” at this time, slyly and silently remained as near as possible to watch.
And in the meantime Justice Oberwaltzer and Mason and Belknap and Jephson, with their attendants and friends, in various rooms of the Bridgeburg Central Hotel, dining and then waiting impatiently, with the aid of a few drinks, for the jury to agree, and wishing and hoping that the verdict would be reached soon, whatever it might be.
And in the meantime the twelve men—farmers, clerks and storekeepers, re-canvassing for their own mental satisfaction the fine points made by Mason and Belknap and Jephson. Yet out of the whole twelve but one man—Samuel Upham, a druggist—(politically opposed to Mason and taken with the personality of Jephson)—sympathizing with Belknap and Jephson. And so pretending that he had doubts as to the completeness of Mason’s proof until at last after five ballots were taken he was threatened with exposure and the public rage and obloquy which was sure to follow in case the jury was hung. “We’ll fix you. You won’t get by with this without the public knowing exactly where you stand.” Whereupon, having a satisfactory drug business in North Mansfield, he at once decided that it was best to pocket this opposition to Mason and agree.
Then four hollow knocks on the door leading from the jury room to the courtroom. It was the foreman of the jury, Foster Lund, a dealer in cement, lime and stone. His great fist was knocking. And at that the hundreds who had crowded into the hot stuffy courtroom after dinner though many had not even left—stirred from the half stupor into which they had fallen. “What’s that? What’s happened? Is the jury ready to report? What’s the verdict?” And men and women and children starting up to draw nearer the excluding rail. And the two deputies on guard before the jury door beginning to call. “All right! All right! As soon as the judge comes.” And then other deputies hurrying to the prison over the way in order that the sheriff might be notified and Clyde brought over— and to the Bridgeburg Central Hotel to summon Oberwaltzer and all the others. And then Clyde, in a half stupor or daze from sheer loneliness and killing suspense, being manacled to Kraut and led over between Slack, Sissel and others. And Oberwaltzer, Mason, Belknap and Jephson and the entire company of newspaper writers, artists, photographers and others entering and taking the places that they had occupied all these long weeks. And Clyde winking and blinking as he was seated behind Belknap and Jephson now