“Oh, pretty well. Of course, your mother is very troubled at what has
occurred, but, on the whole, she bears it better than I could have
hoped for. She believes that you’re innocent.”
“She’s right.”
Will heaved a sigh. “I hope she is,” said he.
“Thank’ee,” said Tom, a little grimly, and then the talk lapsed between
them again.
“Tom,” said Will, breaking the silence, “your father has engaged me to
act as your attorney in this matter. The Lord knows, I wish I had more
experience. I haven’t always worked as hard as I might have done, and
now, when it has fallen to my lot to have to defend the brother of the
girl that I hope to marry from a charge of murder, it seems likely that
I’ll have to pay a bitter price for all the time that I have wasted.
However, I’ll go to Philadelphia to-morrow and see Mr. Fargio, and get
him to take up your case. I’ve come to talk over the matter with you,
Tom.”
“Wait a minute, Will. I have a question to ask you, first. Do you
believe me guilty?”
Will Gaines looked fixedly out of the window of the cell, but he did
not answer. Tom smiled a little sadly.
“I think I know how you feel about it, without the asking, Will,” said
he. “Now, do you think that I’d have a man defend me who didn’t believe
that I was innocent?”
“Of course; you’d have to have some one to defend you.”
“I don’t see that. If I really was guilty of this thing, it seems to
me that I ought to be punished as the law calls for. However, that is
neither here nor there, for I hope to make you believe in my innocence
before you quit this cell.”
“I wish to Heaven you could,” said Will, but his tone was rather gloomy
than hopeful.
“Well, I’ll have a try at it. In the first place, I’ll have to ask you
whether you think that I’m the kind of man that would murder another in
cold blood?”
“Of course I don’t believe that,” said Will.
“You don’t think that I’m capable of lying in wait for Isaac Naylor,
and deliberately killing him—not in heat of passion, but with a cool
hand?”
“Certainly not. You don’t think that I’d believe such a thing of you as
that, do you?”
“Then, if I had killed him, I would have been in a rage, and hardly
conscious of what I was doing?”
“Yes.”
“In that case, I think that I can easily convince you that I didn’t do
it at all.”
“I wish you could,” said Will, again.
“Do you believe what I told you up home, about meeting Isaac Naylor,
and fighting with him?”
Will nodded his head.
“If I’d killed him at all, I would have killed him then, and in that
struggle, wouldn’t I?”
“Yes.”
“Very good. Now, Dr. Winterapple affirmed before the magistrate that
only one blow had been given, and that that blow was immediately behind
and under the right ear.”
Will was looking very earnestly at Tom. “I heard his evidence before
the coroner’s jury,” said he.
“Well, I’m right, ain’t I?”
“Yes.”
Public-domain text, read in full here on John Shaqi.
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