Joe sat up as if cold water had been dashed over him. Instead of
crushing him entirely, and driving him to the last corner shrinking,
beaten and spiritless, and no longer capable of resistance, it seemed to
give him a new grip on himself, to set his courage and defiance again on
the fighting line.
The prosecuting attorney resented Hammer's interference at the moment of
his victory--as he believed it--and turned to him with an ugly scowl.
But Hammer was imperturbable. He saw the advantage that he had gained
for Joe by his interposition, and that was more than he had expected.
Only a moment ago Hammer had believed everything lost.
Sam Lucas repeated the question. Joe drew himself up, cold and
forbidding of front. He met the prosecutor eye to eye, challenge for
challenge.
"I can't tell you that, sir," he replied.
"The time has come when you must tell it, your evasions and dodgings
will not avail you any longer. What were those words between you and
Isom Chase?"
"I'm sorry to have to refuse you--" began Joe.
"Answer--my--question!" ordered the prosecutor in loud voice, banging
his hand upon the table to accent its terror.
In the excitement of the moment people rose from their seats, women
dropping things which they had held in their laps, and clasping other
loose articles of apparel to their skirts as they stood uncouthly, like
startled fowls poising for flight.
Joe folded his arms across his chest and looked into the prosecutor's
inflamed face. He seemed to erect between himself and his inquisitor in
that simple movement an impenetrable shield, but he said nothing. Hammer
was up, objecting, making the most of the opportunity. Captain Taylor
rapped on the panel of the old oak door; the crouching figures in the
crowd settled back to their seats with rustlings and sighs.
Sam Lucas turned to the judge, the whiteness of deeper anger sweeping
the flush of excitement from his face. His voice trembled.
"I insist, your honor, that the witness answer my question!"
Hammer demanded that the court instruct his client regarding his
constitutional privileges. Mrs. Newbolt leaned forward and held out her
hands in dumb pleading toward her son, imploring him to speak.
"If the matter which you are withholding," began the judge in formal
speech, "would tend to incriminate you, then you are acting within your
constitutional rights in refusing to answer. If not, then you can be
lodged in jail for contempt of court, and held there until you answer
the question which the prosecuting attorney has asked you. Do you
understand this?"
"Yes, sir; I understand," said Joe.
"Then," said the judge, "would it incriminate you to reply to the
prosecuting attorney's question?"
A faint flush spread on Joe's face as he replied:
"No, Judge Maxwell, it wouldn't incriminate me, sir."
Public-domain text, read in full here on John Shaqi.
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