to attend the trial, and for the journey he made use of a piece of green cardboard which he habitually carried in his pocket. The editor of the Bradford Champion did not have to use his yellow cardboard, yet his columns may be searched in vain for the event.
Not that it was such a great event, one of hundreds of railroad accidents that come to court. The son of Hilary Vane was the plaintiff's counsel; and Mr. Meader, although he had not been able to work since his release from the hospital, had been able to talk, and the interest taken in the case by the average neglected citizen in Putnam proved that the weekly newspaper is not the only disseminator of news.
The railroad's side of the case was presented by that genial and able practitioner of Putnam County, Mr. Nathaniel Billings, who travelled from his home in Williamstown by the exhibition of a red ticket. Austen Vane had to pay his own way from Ripton, but as he handed back the mileage book, the conductor leaned over and whispered something in his ear that made him smile, and Austen thought he would rather have that little drop of encouragement than a pass. And as he left the car at Bradford, two grizzled and hard-handed individuals arose and wished him good luck.
He needed encouragement—what young lawyer does not on his first important case? And he did not like to think of the future if he lost this. But in this matter he possessed a certain self-confidence which arose from a just and righteous anger against the forces opposing him and a knowledge of their tactics. To his mind his client was not Zeb Meader alone, but the host of victims who had been maimed and bought off because it was cheaper than to give the public a proper protection.
The court room was crowded. Mr. Zeb Meader, pale but determined, was surrounded by a knot of Mercer neighbours, many of whom were witnesses. The agate eyes of Mr. Brush Bascom flashed from the audience, and Mr. Nat Billings bustled forward to shake Austen's hand. Nat was one of those who called not infrequently upon the Honourable Hilary in Ripton, and had sat on Austen's little table.
“Glad to see you, Austen,” he cried, so that the people might hear; and added, in a confidentially lower tone, “We lawyers understand that these little things make no difference, eh?”
“I'm willing to agree to that if you are, Nat,” Austen answered. He looked at the lawyer's fleshy face, blue-black where it was shaven, and at Mr. Billings' shifty eyes and mouth, which its muscles could not quite keep in place. Mr. Billings also had nicked teeth. But he did his best to hide these obvious disadvantages by a Falstaffian bonhomie—for Mr. Billings was growing stout.
“I tried it once or twice, my friend, when I was younger. It's noble, but it don't pay,” said Mr. Billings, still confidential. “Brush is sour—look at him. But I understand how you feel. I'm the kind of feller that speaks out, and what I can't understand is, why the old man let you get into it.”
“He knew you were going to be on the other side, Nat, and wanted to teach me a lesson. I suppose it is folly to contest a case where the Railroad Commission has completely exonerated your client,” Austen added thoughtfully.
Mr. Billings' answer was to wink, very slowly, with one eye; and shortly after these pleasantries were over, the case was called. A fragrant wind blew in at the open windows, and Nature outside was beginning to array herself in myriad hues of green. Austen studied the jury, and wondered how many points of his argument he could remember, but when he had got to his feet the words came to him. If we should seek an emblem for King David's smooth, round stone which he flung at Goliath, we should call it the truth—for the truth never fails to reach the mark. Austen's opening was not long, his words simple and not dramatic, but he seemed to charge them with something of the same magnetic force that compelled people to read and believe “Uncle Ton's Cabin” and the “Song of the Shirt.” Spectators and jury listened intently.
Some twenty witnesses appeared for the plaintiff, all of whom declared that they had heard neither bell nor whistle. Most of these witnesses had been in the grove, two or three in the train; two, residents of the vicinity, testified that they had complained to the Railroad Commission about that crossing, and had received evasive answers to the effect that it was the duty of citizens to look out for themselves. On cross-examination they declared they had no objection to grade crossings which were properly safeguarded; this crossing was a death-trap. (Stricken out.) Mr. Billings made the mistake of trying to prove that one of these farmers—a clear-eyed, full-chested man with a deep voice—had an animus against the railroad dating from a controversy concerning the shipping of milk.
“I have an animus, your Honour,” said the witness, quietly. “When the railrud is represented by the kind of politicians we have in Putnam, it's natural I should hain't it?”
This answer, although stricken out, was gleefully received.
In marked contrast to the earnestness of young Mr. Vane, who then rested, Mr. Billings treated the affair from the standpoint of a man of large practice who usually has more weighty matters to attend to. This was so comparatively trivial as not to be dignified by a serious mien. He quoted freely from the “Book of Arguments,” reminding the jury of the debt of gratitude the State owed to the Northeastern Railroads for doing so much for its people; and if they were to eliminate all grade crossings, there would be no dividends for the stockholders. Besides, the law was that the State should pay half when a crossing was eliminated, and the State could not afford it. Austen had suggested, in his opening, that it was cheaper for the railroad as well as the State to kill citizens. He asked permission to inquire of the learned counsel for the defence by what authority he declared that the State could not afford to enter into a policy by which grade crossings would gradually be eliminated.
“Why,” said Mr. Billings, “the fact that all bills introduced to this end never get out of committee.”
“May I ask,” said Austen, innocently, “who has been chairman of that particular committee in the lower House for the last five sessions?”
Mr. Billings was saved the embarrassment of answering this question by a loud voice in the rear calling out:—“Brush Bascom!”
A roar of laughter shook the court room, and all eyes were turned on Brush, who continued to sit unconcernedly with his legs crossed and his arm over the back of the seat. The offender was put out, order was restored, and Mr. Billings declared, with an injured air, that he failed to see why the counsel for the plaintiff saw fit to impugn Mr. Bascom.
“I merely asked a question,” said Austere; “far be it from me to impugn any man who has held offices in the gift of the people for the last twenty years.”
Another gale of laughter followed this, during which Mr. Billings wriggled his mouth and gave a strong impression that such tactics and such levity were to be deplored.
For the defence, the engineer and fireman both swore that the bell had been rung before the crossing was reached. Austen merely inquired whether this was not when they had left the station at North Mercer, two miles away. No, it was nearer. Pressed to name the exact spot, they could only conjecture, but near enough to be heard on the crossing. Other witnesses—among them several picnickers in the grove—swore that they had heard the bell. One of these Austen asked if he was not the member from Mercer in the last Legislature, and Mr. Billings, no longer genial, sprang to his feet with an objection.
“I merely wish to show, your Honour,” said Austen, “that this witness accepted a pass from the Northeastern Railroads when he went to the Legislature, and that he has had several trip passes for himself and his family since.”
The objection was not sustained, and Mr. Billings noted an exception.
Another witness, upon whose appearance the audience tittered audibly, was Dave Skinner, boss of Mercer. He had lived, he said, in the town of Mercer all his life, and maintained that he was within a hundred yards of the track when the accident occurred, and heard the bell ring.
“Is it not a fact,” said Austen to this witness, “that Mr. Brush Bascom has a mortgage on your farm?”
“I can show, your Honour,” Austen continued, when Mr. Billings had finished his protest, “that this man was on his way to Riverside to pay his quarterly instalment.”