On his arrival in town David went at once to the office of the great
criminal lawyer who had been engaged to defend the Cronks. There he was
met by Joey Noakes, Casey (no longer a contortionist but the owner of a
well-established plumbing business descended from his father) and young
Ben Thompson, the newspaper man who was soon to become Ruby's husband.
The man of law was brutally frank in his discussion of the case. He had
gone into it very thoroughly with the two prisoners. In his mind there
was no doubt as to the outcome of the trial. The men had elected to be
tried jointly. Richard Cronk did not have the ghost of a hope to escape
the extreme penalty; Ernest would be discharged. There did not seem to
be the remotest chance of saving Dick from the gallows.
The testimony of the two prisoners would have but little weight with a
jury, and there were no extenuating circumstances behind which he could
go in support of his plea for leniency. The prisoners had revealed to
him their motive in visiting Broadso's place, going quite fully into
the details of the interview which ended in the shooting. David's
surprise and horror on learning these hitherto unmentioned facts can
well be imagined.
"Personally," said the lawyer, "I am inclined to the opinion that Dick
Cronk tells the truth when he says Grand drew a revolver on him and
that he shot in self-defense. If we can make the jury see it in that
light there may be some chance for him. That is the defense I shall
offer, in any event. The state, however, is in a position to make light
of the plea, and with tremendous effect. It is just as plausible a
theory that Grand himself drew in self-defense. The fact that Cronk
fired and Grand did not will go far toward substantiating that theory
in the minds of intelligent jurors. It is not at all likely that Grand,
who knew the character of his visitors, could be forestalled in a
shooting affair, especially if he had been the first to draw.
Gentlemen, I shall do my best, but I must say to you that it is a
hopeless fight. Young Cronk is perfectly indifferent as to his own
fate. He seems only anxious to have his brother acquitted of complicity
in the actual crime. Ernie Cronk says that he saw a revolver in Grand's
hand, but, you see, he is so vitally interested that it is doubtful if
his testimony will be credited. It is very black for Dick Cronk. You
may as well understand the situation. We have one chance in a thousand
of getting him off with a life sentence, one in a million of securing
an acquittal."
The next day David and Joey went to the Tombs to see the two men. Dick
came down to the visitor's cage, but Ernie stubbornly refused to see
the callers.
Public-domain text, read in full here on John Shaqi.
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