Tutt and Mr. Tutt Part 7

The entire hallway on two sides of the building was lined with Chinamen! They sat there motionless as blue-coated images, faces front, their hands in their laps, their legs crossed beneath them. If anyone appeared in the offing a couple of hundred pairs of glinting eyes s.h.i.+fted automatically and followed him until he disappeared, but otherwise no muscle quivered.

"Say," growled Hogan, Judge Bender's private attendant, who was the first to run the gantlet, "those c.h.i.n.ks are enough to give you the w.i.l.l.i.e.s! Their eyes scared me to death, sticking me through the back!"

Even dignified Judge Bender himself as he stalked along the hall, preceded by two police officers, was not immune from a slight feeling of uncanniness, and he instinctively drew his robe round his legs that it might not come into contact with those curious slippers with felt soles that protruded across the marble slabs.

"Eyes right!" They had picked him up the instant he stepped out of the private elevator--the four hundred of them. If he turned and looked they were seemingly not watching him, but if he dropped his glance they swung back in a single moment and focused themselves upon him. And every one of them probably had a gun hidden somewhere in his baggy pants! The judge confessed to not liking these foreign homicide cases. You never could tell what might happen or when somebody was going to get the death sign. There was Judge Deasy--he had the whole front of his house blown clean out by a bomb! That had been a close call! And these c.h.i.n.ks--with their secret oaths and rituals--they'd think nothing at all of jabbing a knife into you. He didn't fancy it at all and, as he hurried along, supremely conscious of the deadly c.u.mulative effect of those beady eyes, he fancied it less and less. What was there to prevent one of them from getting right up in court and putting a bullet through you? He s.h.i.+vered, recalling the recent a.s.sa.s.sination of a judge upon the bench by a Hindu whom he had sentenced. When he reached his robing room he sent for Captain Phelan.

"See here, captain," he directed sharply, "I want you to keep all those Chinamen out in the corridor; understand?"

"I've got to let some of 'em in, judge," urged Phelan. "You've got to have an interpreter--and there's a Chinese lawyer a.s.sociated with Tutt & Tutt--and of course Mr. O'Brien has to have a couple of 'em so's he'll know what's going on. Y' see, judge, the On Gee Tong is helping the prosecution against the Hip Leongs, so both sides has to be more or less represented."

"Well, make sure none of 'em is armed," ordered Judge Bender. "I don't like these cases."

Now the judge, being recently elected and unfamiliar with the situation, did not realize that nothing could have been farther from the Oriental mind or intention than an attack upon the officers engaged in the administration of local justice, whom they regarded merely as nuisances.

What these Chinamen supremely desired was to be allowed to settle their own affairs in their own historic and traditional way--the way of the revolver, the silken cord, the knife and the iron bar. Once enmeshed in Anglo-Saxon juridical procedure, to be sure, they were not averse to letting it run its course on the bare chance that it might automatically accomplish their revenge. But they distrusted it, being brought up according to a much more effective system--one which when it wanted to punish anybody simply reached out, grabbed him by the pigtail, yanked him to his knees and sliced off his head. This so-called American justice was all talk--words, words, words! From their point of view judges, jurymen and prosecutors were useless p.a.w.ns in life's game of chess. Perhaps they are! Who knows!

When Judge Bender entered the court room it was, in spite of his injunction, full of blue blouses. A special panel of two hundred talesmen filled the first half dozen rows of benches, the others being occupied by witnesses both Chinese and white, policemen and the miscellaneous human flotsam and jetsam that always manages somehow or other to find its way to a murder trial. Inside the rail O'Brien, the a.s.sistant district attorney, was busy in conversation with three cueless Chinamen in American clothes. At the bar sat Mock Hen with Mr. Tutt beside him, flanked by Wong Get, Tutt, Bonnie Doon and Buddha.

The judge beckoned Mr. Tutt and O'Brien to the front of the bench.

"Is there any chance of disposing of this case by a plea?" he inquired.

O'Brien looked expectantly at Mr. Tutt, who shook his head. The judge shrugged his shoulders.

"Well, how long is it going to take?"

"About six weeks," answered the old lawyer quietly.

"What!" e.j.a.c.u.l.a.t.ed judge and prosecutor in unison.

"A day or two less, perhaps," affirmed Mr. Tutt, "but, likely as not, considerably longer."

"I shall cut it down as much as I can," announced the judge, appalled at the prospect. "I shall not permit this trial to be dragged out indefinitely."

"Nothing would please me better, Your Honor," said Mr. Tutt with the shadow of a smile. "Shall we proceed to select the jury?"

The accuracy of Mr. Tutt's prophecy as to the probable length of the trial was partially demonstrated when it developed that most of the talesmen had a p.r.o.nounced antipathy to Chinese murder cases, and a deep-rooted prejudice against the race as a whole. In fact, a certain subconscious influence affecting most of them was formulated by the thirty-ninth talesman to be rejected, who, in a moment of resentment, burst forth, "I don't mind trying decent American criminals, but I hold it isn't any part of a citizen's duty to try Chinamen!" and was promptly struck off the jury list.

"I say, chief," disgustedly declared O'Brien to Peckham at the noon recess as they clinked gla.s.ses over the bar at Pont's, "you've handed me a ripe, juicy Messina all right! I won't be able to get a jury. We've been at it since ten o'clock and we haven't lured a single sucker into the box!"

"What's the matter?" inquired the D.A. apprehensively.

"I can't quite make out," answered O'Brien. "But most of 'em seem to have a sort of idea that to kill a Chinaman ain't a crime but a virtue!"

"Well, don't tell anybody," whispered Peckham, "but I'm somewhat of that way of thinking myself. Set 'em up again, John!"

However, by invoking the utmost celerity a jury was at last selected and sworn at the end of the nineteenth day of the trial. As a jury O'Brien confidentially admitted to Peckham it wasn't much! But what could you expect of a bunch who were willing to swear that they hadn't any prejudice against a c.h.i.n.k and would as soon acquit him as a white man?

The truth was that they were all gentlemen who, having lost their jobs, were willing to swear to anything that would bring them in two dollars a day. The more days the better! And it is historic fact that during the sixty-nine days of Mock Hen's prosecution not one of them protested at being kept away from his wife and children, his business or his pleasure. On the contrary they all slumbered peacefully from ten until four--and when the trial ended, on the whole they rather regretted that it was over, the only genuine opinion regarding the case being that the c.h.i.n.ks were all as funny as h.e.l.l and that Mr. Tutt was a bully old boy.

The evidence respecting the death of the unfortunate Quong Lee made little impression upon them. Seemingly they regarded the story much as they did that of Elisha and the bears or Bel and the dragon--as a sort of apocryphal narrative which they were required to listen to, but in no wise bound to believe. They were much interested in Quong's suit of chain mail, however, and from time to time awoke to enjoy the various verbal encounters between the judge and Mr. Tutt. As factors in the proceedings they did not count, except to receive their two dollars per diem, board, lodging and hack fare.

The trial of Mock Hen being conducted in a foreign language, the first judicial step was the swearing of an interpreter. The On Gees had promptly produced one, whom O'Brien told the court was a very learned man; a graduate of the Imperial University at Peking, and a Son of the Sacred Dragon. Be that as it may, he was not prepossessing in his appearance and Mr. Tutt a.s.sured Judge Bender that far from being what the district attorney pretended, the man was a well-known gambler, who made his living largely by blackmail. He might be a son of a dragon or he might not; anyway he was a son of Belial. An interpreter was the conduit through which all the evidence must pa.s.s. If the official were biased or corrupt the testimony would be distorted, colored or suppressed.

Now he--Mr. Tutt--had an interpreter, the well-known Dr. Hong Su, against whom nothing could be said, and upon whose fat head rested no imputation of partiality; a graduate of Harvard, a writer of note, a--

O'Brien sprang to his feet: "My interpreter says your interpreter is an opium smuggler, that he murdered his aunt in Hong Kong, that he isn't a doctor at all, and that he never graduated from anything except a chop-suey joint," he interjected.

"This is outrageous!" cried Mr. Tutt, palpably shocked at such language.

"Gentlemen! Gentlemen!" groaned Judge Bender. "What am I to do? I don't know anything about these men. One looks to me about the same as the other. The court has no time to inquire into their antecedents. They may both be learned scholars or they may each be what the other says he is--I don't know. But we've got to begin to try this case sometime."

It was finally agreed that in order that there might be no possible question of partiality there should be two interpreters--one for the prosecution and one for the defense. Both accordingly were sworn and the first witness, Ah Fong, was called.

"Ask him if he understands the nature of an oath," directed O'Brien.

The interpreter for the state turned to Ah Fong and said something sweetly to him in mult.i.tudinous words.

Instantly Doctor Su rose indignantly. The other interpreter was not putting the question at all, but telling the witness what to say.

Moreover, the other interpreter belonged to the On Gee Tong. He stood waving his arms and gobbling like an infuriated turkey while his adversary replied in similar fas.h.i.+on.

"This won't do!" snapped the judge. "This trial will degenerate into nothing but a cat fight if we are not careful." Then a bright idea suggested itself to his Occidental mind. "Suppose I appoint an official umpire to say which of the other two interpreters is correct--and let them decide who he shall be?"

This proposition was received with grunts of satisfaction by the two antagonists, who conferred together with astonis.h.i.+ng amiability and almost immediately conducted into the court room a tall, emaciated Chinaman who they alleged was entirely satisfactory to both of them. He was accordingly sworn as a third interpreter, and the trial began again.

It was observed that thereafter there was no dispute whatever regarding the accuracy of the testimony, and as each interpreter was paid for his services at the rate of ten dollars a day it was rumored that the whole affair had been arranged by agreement between the two societies, which divided the money, amounting to some eighteen hundred dollars, between them. But, as...o...b..ien afterward asked Peckham, "How in thunder could you tell?"

The court's troubles had, however, only begun. Ah Fong was a whimsical-looking person, who gave an impression of desiring to make himself generally agreeable. He was, of course, the star witness--if a Chinaman can ever be a star witness--and presumably had been carefully schooled as to the manner in which he should give his testimony. He and he alone had seen the whole tragedy from beginning to end. He it was, if anybody, who would tuck Mock Hen comfortably into his coffin.

The problem of the interpreters having been solved Fong settled himself comfortably in the witness chair, crossed his hands upon his stomach and looked complacently at Mock Hen.

"Well, now let's get along," adjured His Honor. "Swear the witness."

Mr. Tutt immediately rose.

"If the court please," said he, "I object to the swearing of the witness unless it is made to appear that he will regard himself as bound by the oath as administered. Now this man is a Chinaman. I should like to ask him a preliminary question or two."

"That seems fair, Mr. O'Brien," agreed the court. "Do you see any reason why Mr. Tutt shouldn't interrogate the witness?"

"Oh, let me qualify my own witness!" retorted O'Brien fretfully. "Ah Fong, will you respect the oath to testify truthfully, about to be administered to you?"

The interpreter delivered a broadside of Chinese at Ah Fong, who listened attentively and replied at equal length. Then the interpreter went at him again, and again Ah Fong affably responded. It was interminable.

The two muttered and chortled at each other until O'Brien, losing patience, jumped up and called out: "What's all this? Can't you ask him a simple question and get a simple answer? This isn't a debating society."

The interpreter held up his hand, indicating that the prosecutor should have patience.

"_Ah-ya-ya-oo-aroo-yung-ung-loy-a-a-ya oo-chu-a-oy-ah-ohay-tching_!" he concluded.