Читать книгу By Advice of Counsel - Arthur Cheney Train - Страница 2
The Kid and the Camel
ОглавлениеBreathes there the man with soul so dead
Who never to himself hath said,
This is my own, my native land!
—LAY OF THE LAST MINSTREL.
The shortest street in the world, Edgar Street, connects New York's financial center with the Levant. It is less than fifty feet through this tiny thoroughfare from the back doors of the great Broadway office buildings to Greenwich Street, where the letters on the window signs resemble contorted angleworms and where one is as likely to stumble into a man from Bagdad as from Boston. One can stand in the middle of it and with his westerly ear catch the argot of Gotham and with his easterly all the dialects of Damascus. And if through some unexpected convulsion of Nature 51 Broadway should topple over, Mr. Zimmerman, the stockbroker, whose office is on the sixth story, might easily fall clear of the Greek restaurant in the corner of Greenwich Street, roll twenty-five yards more down Morris Street, and find himself on Washington Street reading a copy of Al-Hoda and making his luncheon off baha gannouge, majaddarah and milookeiah, which, after all, are only eggplant salad, lentils and rice, and the popular favorite known as Egyptian Combination.
To most New Yorkers this is a section of the city totally unknown and unsuspected, yet existing as in a fourth dimension within a stone's throw—and nearer—of our busiest metropolitan artery—and there within one hundred yards of the aforesaid Mr. Zimmerman's office above the electric cars of Broadway, and within earshot of the hoots of many a multimillionaire's motor, on a certain evening something of an Oriental character was doing in the hallway of a house on Washington Street that subsequently played a part in the professional lives of Tutt & Tutt.
Out of the literally Egyptian darkness of the tenement owned by Abadallah Shanin Khaldi issued curious smothered sounds, together with an unmistakable, pungent, circuslike odor.
"Whack!"
There came an indignant grunt, followed by a flabby groan and a straining and squeaking of the jerry-built staircase as Kasheed Hassoun vigorously applied a lath to the horny backsides of Eset el Gazzar.
"Ascend, dog of a dog!" panted Kasheed. "Move thy accursed feet, O wizened hump! Daughter of Satan, give me room! Thou art squeezing out my life! Only go on, child of my heart! It is but a step upward, O Queen of the Nile. Hold the rope tight, Kalil!"
The camel obediently surged forward, breaking off a section of banister. Through the racket from the hallway above faintly came the voice of Kalil Majdalain.
"Her head is free of the ceiling. Quick, Kasheed! Turn her, thou, upon the landing!"
"Whack!" responded the lath in the hand of Kasheed Hassoun.
Step by step the gentle shaggy brute felt her way with feet, knees and nozzle up the narrow staircase. What was this but another of those bizarre experiences which any camel-of-the-world must expect in a land where the water wells squirted through a tube and men rode in chariots driven by fire?
"Whack!"
"Go on, darling of my soul!" whispered Kasheed. "Curses upon thy father and upon the mother that bore thee! Wilt thou not move?"
"Whack!"
"Ouch! She devil! Thou hast trod upon my foot!"
Outside, that the Western world might not suspect what was going on, Shaheen Mahfous and Shanin Saba unloaded with as much noise as possible a dray of paper for Meraat-ul-Gharb, the Daily Mirror. By and by a window on the fourth floor opened and the head of Kalil Majdalain appeared.
"Mahabitcum!" he grinned; which, being interpreted, means "Good fellowship to all!"
Then presently he and Kasheed joined the others upon the sidewalk, and, the rolls of paper having been delivered inside the pressroom, the four Syrians climbed upon the truck and drove to the restaurant of Ghabryel & Assad two blocks farther north, where they had a bit of awamat, coffee and cigarettes, and then played a game of cards, while in the attic of the tenement house Eset el Gazzar munched a mouthful of hay and tapped her interior reservoir for a drink of clear water, as she sighed through her valvelike nostrils and pouted with her cushioned lips, pondering upon the vagaries of quadrupedal existence.
Willie Toothaker, the office boy of Tutt & Tutt, had perfected a catapult along the lines of those used in the Siege of Carthage—form derived from the appendix of Allen and Greenough's Latin Grammar—which boded ill for the truck drivers of lower Gotham.
Since his translation from Pottsville Center, Willie's inventive genius had worked something of a transformation in the Tutt & Tutt offices, for he had devised several labor-saving expedients, such as a complicated series of pulleys for opening windows and automatically closing doors without getting up; which, since they actually worked, Mr. Tutt, being a pragmatist, silently, patiently and good-naturedly endured. To-day both partners were away in court and Willie had the office to himself with the exception of old Scraggs.
"Bet it'll shoot a block!" asserted Willie, replacing his gum, which he had removed temporarily to avert the danger of swallowing it in his excitement. "Caesar used one just like this—only bigger, of course. See that scuttle over on Washington Street? Bet I can hit it!"
"Bet you can't come within two hundred feet of it!" retorted the watery-eyed scrivener. "It's a lot further'n you think."
"'Tain't neither!" declared Willie. "I know how far it is! What can we shoot?"
Scraggs' eye wandered aimlessly round the room.
"Oh, I don't know."
"Got to be something with heft to it," said Willie. "'S got to overcome the resistance of the atmosphere."
"How about that paperweight?"
"'S too heavy."
"Well—"
"I know!" exclaimed William suddenly. "Gimme that little bottle of red ink. 'S just about right. And when it strikes it'll make a mark so's we can tell where we hit—like a regular target."
Scraggs hesitated.
"Ink costs money," he protested.
"But it's just the thing!" insisted Willie. "Besides, you can charge me for it in the cash account. Give it here!"
Conscience being thus satisfied the two eagerly placed the ink bottle in the proper receptacle, which Willie had fashioned out of a stogy box, twisted back the bow and aimed the apparatus at the slanting scuttle, which projected from a sort of penthouse upon the roof of the tenement house across the street.
"Now!" he exclaimed ecstatically. "Stand from under, Scraggs!"
He pressed a lever. There was a whang, a whistle—and the ink bottle hurtled in a beautiful parabola over Greenwich Street.
"Gee! look at her go!" cried Willie in triumph. "Straight's a string."
At exactly that instant—and just as the bottle was about to descend upon the penthouse—the scuttle opened and there was thrust forth a huge yellow face with enormous sooty lips wreathed in an unmistakable smile. On the long undulating neck the head resembled one of the grotesque manikins carried in circus parades. Eset el Gazzar in a search for air had discovered that the attic scuttle was slightly ajar.
"Gosh! A camel!" gasped Willie.
"Lord of love!" ejaculated Scraggs. "It sure is a camel!"
There was a faint crash and a tinkle of glass as the bottle of red ink struck the penthouse roof just over the beast's head and deluged it with its vermilion contents. Eset reared, shook her neck, gave a defiant grunt and swiftly withdrew her head into the attic.
Sophie Hassoun, the wife of Kasheed, seeing the violent change in Eset's complexion, wrung her hands.
"What hast thou done, O daughter of devils? Thou art bleeding! Thou hast cut thyself! Alack, mayhap thou wilt die, and then we shall be ruined! Improvident! Careless one! Cursed be thy folly! Hast thou no regard? And I dare not send for Doctor Koury, the veterinary, for then thy presence would be discovered and the gendarmes would come and take thee away. Would that we had left thee at Coney Island! O, great-granddaughter of Al Adha—sacred camel of the Prophet—why hast thou done this? Why hast thou brought misery upon us? Awar! Awar!"
She cast herself upon the improvised divan in the corner, while Eset, blinking, licked her big yellow hind hump, and tumbled forward upon her knees preparatory to sitting down herself.
"A camel!" repeated Willie, round-eyed. He counted the roofs dividing the penthouse from where Morris Street bisected the block. "Whoop!" he cried and dashed out of the office.
In less than four minutes Patrolman Dennis Patrick Murphy, who was standing on post on Washington Street in front of Nasheen Zereik's Embroidery Bazaar talking to Sardi Babu, saw a red-headed, pug-nosed urchin come flying round the corner.
"One—two—three—four—five. That's the house!" cried Willie Toothaker. "That's it!"
"What yer talkin' 'bout?" drawled Murphy.
"There's a camel in there!" shouted Willie, dancing up and down.
"Camel—yer aunt!" sneered the cop. "They couldn't get no camel in there!"
"There is! I seen it stick its head out of the roof!"
Sardi Babu, the oily-faced little dealer in pillow shams, smiled slyly. He had thick black ringlets, parted exactly down the middle of his scalp, hanging to his shoulders, and a luxuriant black curly beard reaching to his middle; in addition to which he wore a blue blouse and carpet slippers. He was a Maronite from Lebanon, and he and his had a feud with Hassoun, Majdalain, and all others who belonged to the sect headed by the Patriarch of Antioch.
"Belki!" he remarked significantly. "Perhaps his words are true! I have heard it whispered already by Lillie Nadowar, now the wife of Butros the confectioner. Moreover, I myself have seen hay on the stairs."
"Huh?" exclaimed Murphy. "We'll soon find out. Come along you, Babu! Show me where you was seein' the hay."
By this time those who had been lounging upon the adjacent doorstep had come running to see what was the matter, and a crowd had gathered.
"It is false—what he says!" declared Gadas Maloof the shoemaker. "I have sat opposite the house day and night for ten—fifteen years—and no camel has gone in. Camel! How could a camel be got up such narrow stairs?"
"But thou art a friend of Hassoun's!" retorted Fajala Mokarzel the grocer. "And," he added in a lower tone, "of Sophie Tadros, his wife."
There was a subdued snicker from the crowd, and Murphy inferred that they were laughing at him.
"But this man," he shouted wrathfully, pointing at Sardi Babu, "says you all know there's a camel up there. An' this kid's seen it! Come along now, both of you!"
There was an angry murmur from the crowd. Sardi Babu turned white.
"I said nothing!" he declared, trembling. "I made no complaint. The gendarme will corroborate me. What care I where Kasheed Hassoun stables his camel?"
Maloof shouldered his way up to him, and grasping the Maronite by the beard muttered in Arabic: "Thou dog! Go confess thy sins! For by the Holy Cross thou assuredly hast not long to live!"
Murphy seized Babu by the arm.
"Come on!" he ordered threateningly. "Make good now!" And he led him up the steps, the throng pressing close upon his heels.
"What's all this?" inquired Magistrate Burke bewilderedly an hour later as Officer Murphy entered the police court leading a tall Syrian in a heavy overcoat and green Fedora hat, and followed by several hundred black-haired, olive-skinned Levantines. "Don't let all those Dagos in here! Keep 'em out! This ain't a moving-picture palace!"
"Them ain't Dagos, judge," whispered Roony the clerk. "Them's Turks."
"They ain't neither Turks!" contradicted the stenographer, whose grammar was almost sublimated by comparison with Roony's. "They're Armenians—you can tell by their complexions."
"Well, I won't have 'em in here, whatever they are!" announced Burke. "I don't like 'em. What have you got, Murphy?"
"Shoo! Get out of here!" ordered the officer on duty.
The crowd, however, not understanding, only grinned.
"Avanti! Alley! Mouch! Beat it!" continued the officer, waving his arms and hustling those nearest toward the door.
The throng obediently fell back. They were a gentle, simple-minded lot, used in the old country to oppression, blackmail and tyranny, and burning with a religious fervor unknown to the pale heterodoxy of the Occident.
"This here," began Murphy, "is a complaint by Sardi Babu"—he swung the cowering little man with a twist before the bench—"against one Kasheed Hassoun for violating the health ordinances."
"No, no! I do not complain! I am not one who complains. It is nothing whatever to me if Kasheed Hassoun keeps a camel! I care not," cried Babu in Arabic.
"What's he talkin' about?" interrupted Burke. "I don't understand that sort of gibberish."
"He makes the complaint that this here Hassoun"—he indicated the tall man in the overcoat—"is violating Section 1093d of the regulations by keeping a camel in his attic."
"Camel!" ejaculated the magistrate. "In his attic!"
Murphy nodded.
"It's there all right, judge!" he remarked. "I've seen it."
"Is that straight?" demanded His Honor. "How'd he get it up there? I didn't suppose—"
Suddenly Sardi Babu threw himself fawning upon Hassoun.
"Oh, Kasheed Hassoun, I swear to thee that I made no complaint. It is a falsification of the gendarme! And there was a boy—a red and yellow boy—who said he had seen thy camel's head above the roofs! I am thy friend!"
He twisted his writhing snakelike fingers together. Hassoun regarded him coldly.
"Thou knowest the fate of informers and provocateurs—of spies—thou infamous Turk!" he answered through his teeth.
"A Turk! A Turk!" shrieked Sardi Babu frantically, beating the breast of his blue blouse. "Thou callest me a Turk! Me, the godson of Sarkis Babu and of Elias Stephan—whose fathers and grandfathers were Christians when thy family were worshipers of Mohammed. Blasphemy! Me, the godson of a bishop!"
"I also am godson of a bishop!" sneered Kasheed. "A properly anointed bishop! Without Tartar blood."
Sardi Babu grew purple.
"Ptha! I would spit upon the beard of such a bishop!" he shrieked, beside himself.
Hassoun slightly raised his eyebrows.
"Spit, then, infamous one—while thou art able!"
"Here, here!" growled Burke in disgust. "Keep 'em still, can't you? Now, what's all this about a camel?"
"That's the very scuttle, sir," asseverated Scraggs to the firm, as Tutt & Tutt, including Miss Wiggin, gazed down curiously out of their office windows at the penthouse upon the Washington Street roof which had been Willie's target of the day before. "I don't say," he continued by way of explanation, "that the camel stuck his head out because Willie hit the roof with the bottle—it was probably just a circumstance—but it looked that way. 'Bing!' went the ink bottle on the scuttle; and then—pop!—out came the camel like a jack-in-the-box."
"What became of the camel?" inquired Miss Wiggin, cherishing a faint hope that—pop!—it might suddenly appear again in the same way.
"The police took it away last night—lowered it out of the window with a block and tackle," answered the scrivener. "A sort of breeches buoy."
"I've heard of camel's-hair shawls but not of camel's-hair breeches!" murmured Tutt. "I suppose if a camel wore pants—well, my imagination refuses to contemplate the spectacle! Where's Willie?"
"He hasn't been in at all this morning!" said Miss Wiggin. "I'll warrant—"
"What?" demanded Mr. Tutt suspiciously.
"—he's somewhere with that camel," she concluded.
Now, Miss Minerva, as her name connoted, was a wise woman; and she had reached an unerring conclusion by two different and devious routes, to wit, intuition and logic, the same being the high road and low road of reason—high or low in either case as you may prefer. Thus logic: Camel—small boy. Intuition: Small boy—camel. But there was here an additional element—a direct personal relationship between this particular small boy and this particular camel, rising out of the incident of the ink bottle. She realized that that camel must have acquired for William a peculiar quality—almost that of a possession—in view of the fact that he had put his mark upon it. She knew that Willie could no more stay away from the environs of that camel than said camel could remain in that attic. Indeed we might go on at some length expounding further this profound law of human nature that where there are camels there will be small boys; that, as it were, under such circumstances Nature abhors an infantile vacuum.
"If I know him, he is!" agreed Mr. Tutt, referring to William's probable proximity to Eset el Gazzar.
"Speaking of camels," said Tutt as he lit a cigarette, "makes me think of brass beds."
"Yes," nodded his partner. "Of course it would, naturally. What on earth do you mean?"
"I mean this," began Tutt, clearing his throat as if he were addressing twelve good and true men—"a camel is obviously an unusual—not to say peculiar—animal to be roosting over there in that attic. It is an exotic—if I may use that term. It is as exotic as a brass bed from Connecticut would be, or is, in Damascus or Lebanon. Now, therefore, a camel will as assuredly give cause for trouble in New York as a brass bed in Bagdad!"
"The right thing often makes trouble if put in the wrong place," pondered Mr. Tutt.
"Or the wrong thing in the right place!" assented Tutt. "Now all these unassimilated foreigners—"
"What have they got to do with brass beds in Lebanon?" challenged Miss Wiggin.
"Why," continued Tutt, "I am credibly informed that the American brass bed—particularly the double bed—owing to its importation into Asia Minor was the direct cause of the Armenian massacres."
"Tosh!" said Miss Wiggin.
"For a fact!" asserted Tutt. "It's this way—an ambassador told me so himself—the Turks, you know, are nuts on beds—and they think a great big brass family bed such as—you know—they're in all the department-store windows. Well, every Turk in every village throughout Asia Minor saves up his money to buy a brass bed—like a nigger buys a cathedral clock. Sign of superiority. You get me? And it becomes his most cherished household possession. If he meets a friend on the street he says to him naturally and easily, without too much conscious egotism, just as an American might say, 'By the way, have you seen my new limousine?'—he says to the other Turk, 'Oh, I say, old chap, do you happen to have noticed my new brass bed from Connecticut? They just put it off the steamer last week at Aleppo. Fatima's taking a nap in it now, but when she wakes up—'"
"What nonsense!" sniffed Miss Wiggin.
"It's not nonsense!" protested the junior partner. "Now listen to what happens. Some Armenian—the Armenians are the pawnbrokers of Asia Minor—moves into that village and in three months he has a mortgage on everything in it, including that brass bed. Then the Turkish Government, which regards him as an undesirable citizen, tells him to move along; and Mister Armenian piles all the stuff the inhabitants have mortgaged to him into an oxcart and starts on his way, escorted by the Sultan's troops. On top of the load is Yusuf Bulbul Ameer's brass bed. Yusuf looks out of his doorway and sees the bed moving off and rushes after it to protect his property.
"'Look here!' he shouts. 'Where are you going with my brass bed?'
"'It isn't yours!' retorts Mister Pawnbroker. 'It's mine. I loaned you eighty-seven piasters on it!'
"'But I've got an equity in it! You can't take it away!'
"'Of course I can!' replies the Armenian. 'Where I goeth it will go. The Turkish Government is responsible.'
"'Not much,' says Yusuf, grabbing hold of it, trying to pull it off the cart.
"'Hands off there!' yells the Armenian.
"Then there is a mix-up and everybody piles in—and there is a massacre!"
"That's a grand yarn!" remarked Mr. Tutt. "Still, it may be—"
"Bunk!" declared Miss Wiggin. "And what has that got to do with camels?"
"My point is," affirmed Tutt, waving his index finger—"my point is that just as a Yankee brass bed in Turkey will make certain trouble, so a Turkish camel in New York is bound to do the same thing."
A door slammed behind them and Willie's voice interrupted the conversation.
"Mr. Tutt! Mr. Tutt!" he cried hysterically. "There's been a murder down there—and we—I'm—partly responsible. I spent the night with the camel and he's—she's—all right—in Regan's Boarding Stable. But Kasheed is in the Tombs, and I told them you'd defend him. You will, won't you?"
Mr. Tutt looked at the excited boy.
"Who killed whom?" he asked correctly. "And where does the camel come in?"
"Somebody killed Sardi Babu," explained Willie. "I don't know exactly who did it—but they've arrested Kasheed Hassoun, the owner of Eset el Gazzar."
"Who?" roared Tutt.
"The camel. You see, nobody knew she was in the attic until I saw her stick her head out of the hole in the roof. Then I told Murphy and he went up and found her there. But Kasheed thought Sardi had told on him, you see, and nobody would believe him when he said he hadn't. The judge fined Kasheed twenty-five dollars, and he—Kasheed—accused Sardi of being a Turk and they had a big row right there in court. Nothing happened until the cops had got Eset out of the window and she was over at Regan's. I stayed there. Her head is bright red from the ink, you know. Then somebody went over to the restaurant where Sardi was and killed him. So you see, in a way, I'm to blame, and I didn't think you'd mind defending Kasheed, because he's a corker and if they electrocute him Eset will starve to death."
"I see," said. Mr. Tutt thoughtfully. "You think that by rights if anybody was going to get killed it ought to have been you?"
Willie nodded.
"Yes, sir," he assented.
And that is how a camel was the moving cause of the celebrated firm of Tutt & Tutt appearing as counsel in the case of The People against Kasheed Hassoun, charged with the crime of murder in the first degree for having taken the life of Sardi Babu with deliberation and premeditation and malice aforethought and against the peace of the People of the State of New York.
"And then there's this here Syrian murder case," groaned the chief clerk of the district attorney's office plaintively to his chief. "I don't know what to do with it. The defendant's been six months in the Tombs, with all the Syrian newspapers hollering like mad for a trial. He killed him all right, but you know what these foreign-language murder cases are, boss! They're lemons, every one of 'em!"
"What's the matter with it?" inquired the D.A. "It's a regular knock-down-and-drag-out case, isn't it? Killed him right in a restaurant, didn't he?"
"Sure! That part of it's all right," assented the chief clerk. "He killed him—yes! But how are you going to get an American jury to choose between witnesses who are quite capable of swearing that the corpse killed the defendant. How in hell can you tell what they're talking about, anyway?"
"You can't!" said the D.A. "Send the papers in to Pepperill and tell him on the side it'll make him famous. He'll believe you."
"But it'll take ten weeks to try it!" wailed the chief clerk.
"Well, send it down to old Wetherell, in Part Thirteen. He's got the sleeping sickness and it will be sort of soothing for him to listen to."
"Might wake him up?" suggested the other.
"You couldn't!" retorted the D.A. "What's the case about, anyhow?"
"It's about a camel," explained the subordinate hesitatingly.
The D.A. grinned. Said he: "It is easier for a camel to go through the eye of a needle than for a just prosecutor to convict a Syrian of murder. Well, old top, send for a couple of dozen Korans and hire rooms for the jury over Kaydoub, Salone & Dabut's and turn 'em loose on kibbah arnabeiah, kashtah and halawee."
Mr. William Montague Pepperill was a very intense young person, twenty-six years old, out of Boston by Harvard College. He had been born beneath the golden dome of the State House on Beacon Street, and from the windows of the Pepperill mansion his infant eyes had gazed smugly down upon the Mall and Frog Pond of the historic Common. There had been an aloof serenity about his life within the bulging front of the paternal residence with its ancient glass window panes—faintly tinged with blue, just as the blood in the Pepperill veins was also faintly tinged with the same color—his unimpeachable social position at Hoppy's and later on at Harvard—which he pronounced Haavaad—and the profound respect in which he was held at the law school in Cambridge, that gave Mr. W. Montague Pepperill a certain confidence in the impeccability of himself, his family, his relatives, his friends, his college, his habiliments and haberdashery, his deportment, and his opinions, political, religious and otherwise.
For W.M.P. the only real Americans lived on Beacon Hill, though a few perhaps might be found accidentally across Charles Street upon the made land of the Back Bay. A real American must necessarily also be a graduate of Harvard, a Unitarian, an allopath, belong to the Somerset Club and date back ancestrally at least to King Philip's War. W. Montague had, however, decided early in life that Boston was too small for him and that he owed a duty to the rest of the country.
So he had condescended to New York, where through his real American connections in law, finance and business he had landed a job in a political office where the aristocrats were all either Irish, Jews or Italians, who regarded him as an outlandish animal. It had been a strange experience for him. So had the discovery that graft, blackmail, corruption, vice and crime were not mere literary conventions, existing only for the theoretical purposes of novelists and playwrights, but were actualities frequently dealt with in metropolitan society. He had secured his appointment from a reform administration and he had been retained as a holdover by Peckham, the new district attorney, by reason of the fact that his uncle by marriage was a Wall Street banker who contributed liberally without prejudice to both political parties. This, however, W.M.P. did not know, and assumed that he was allowed to keep his four-thousand-dollar salary because the county could not get on without him. He was slender, wore a mouse-colored waistcoat, fawn tie and spats, and plastered his hair neatly down on each side of a glossy cranium that was an almost perfect sphere.
"Ah! Mr. William Montague Pepperill, I believe?" inquired Mr. Tutt with profound politeness from the doorway of W.M.P.'s cubicle, which looked into the gloomy light shaft of the Criminal Courts Building.
Mr. Pepperill finished what he was writing and then looked up.
"Yes," he replied. "What can I do for you?"
He did not ask Mr. Tutt his name or invite him to sit down.
The old lawyer smiled. He liked young men, even conceited young men; they were so enthusiastic, so confident, so uncompromising. Besides, W.M.P. was at heart, as Mr. Tutt perceived, a high-class sort of chap. So he smiled.
"My name is Tutt," said he. "I am counsel for a man named Hassoun, whom you are going to try for murder. You are, of course, perfectly familiar with the facts."
He fumbled in his waistcoat, produced two withered stogies and cast his eye along the wall.
"Would you—mind—if I sat down? And could I offer you a stogy?"
"Sit down—by all means," answered W.M.P. "No, thanks!"—to the stogy.
Mr. Tutt sat down, carefully placed his old chimney pot upside down on the window ledge, and stacked in it the bundle of papers he was carrying.
"I thought you might forgive me if I came to talk over the case a little with you. You see, there are so many things that a prosecutor has to consider—and which it is right that he should consider." He paused to light a match. "Now in this case, though in all probability my client is guilty there is practically no possibility of his being convicted of anything higher than manslaughter in the first degree. The defense will produce many witnesses—probably as many as the prosecution. Both sides will tell their stories in a language unintelligible to the jury, who must try to ascertain the true inwardness of the situation through an interpreter. They will realize that they are not getting the real truth—I mean the Syrian truth. As decent-minded men they won't dare to send a fellow to the chair whose defense they cannot hear and whose motives they do not either know or understand. They will feel, as I do and perhaps you do, that the only persons to do justice among Syrians are Syrians."
"Well," replied Mr. Pepperill politely, "what have you to propose?"
"That you recommend the acceptance of a plea of manslaughter in the second degree."
Deputy Assistant District Attorney William Montague Pepperill drew himself up haughtily. He regarded all criminal practitioners as semicrooks, ignorant, illiterate, rather dirty men—not in the real American class.
"I can do nothing of the kind," he answered sternly and very distinctly. "If these men seek the hospitality of our shores they must be prepared to be judged by our laws and by our standards of morality. I do not agree with you that our juridical processes are not adequate to that purpose. Moreover, I regard it as unethical—un-eth-i-cal—to accept a plea for a lesser degree of crime than that which the defendant has presumptively committed."
Mr. Tutt regarded him with undisguised admiration.
"Your sentiments do you honor, Mr. Pepperill!" he returned. "You are sure you do not mind my smoke? But of course my client is presumed innocent. I am very hopeful—almost confident—of getting him off entirely. But rather than take the very slight chance of a conviction for murder I am letting discretion take the place of valor and offer to have him admit his guilt of manslaughter."
"I guess," answered Pepperill laconically, indulging in his only frequent solecism, "that you wouldn't offer to plead to manslaughter unless you felt pretty sure your client was going to the chair! Now—"
Mr. Tutt suddenly rose.
"My young friend," he interrupted, "when Ephraim Tutt says a thing man to man—as I have been speaking to you—he means what he says. I have told you that I expected to acquit my client. My only reason for offering a plea is the very slight—and it is a very slight—chance that an Arabian quarrel can be made the basis of a conviction for murder. When you know me better you will not feel so free to impugn my sincerity. Are you prepared to entertain my suggestion or not?"
"Most certainly not!" retorted W.M.P. with the shadow of a sneer.
"Then I will bid you good-day," said Mr. Tutt, taking his hat from the window ledge and turning to the door. "And—you young whippersnapper," he added when once it had closed behind him and he had turned to shake his lean old fist at the place where W.M.P. presumably was still sitting, "I'll show you how to treat a reputable member of the bar old enough to be your grandfather! I'll take the starch out of your darned Puritan collar! I'll harry you and fluster you and heckle you and make a fool of you, and I'll roll you up in a ball and blow you out the window, and turn old Hassoun loose for an Egyptian holiday that will make old Rome look like thirty piasters! You pinheaded, pretentious, pompous, egotistical, niminy-piminy—"
"Well, well, Mr. Tutt, what's the matter?" inquired Peckham, laying his hand on the old lawyer's shoulder. "What's Peppy been doing to you?"
"It isn't what he's been doing to me; it's what I'm going to do to him!" returned Mr. Tutt grimly. "Just wait and see!"
"Go to it!" laughed the D.A. "Eat him alive! We're throwing him to the lions!"
"No decent lion would want him!" retorted Mr. Tutt. "He might maul him a little, but I won't. I'm just going to give him a full opportunity to test his little proposition that the institutions of these jolly old United States are perfectly adapted to settle quarrels among all the polyglot prevaricators of the world and administer justice among people who are still in a barbarous or at least in a patriarchal state. He's young, and he don't understand that a New York merchant is entirely too conscientious to find a man guilty on testimony that he would discount heavily in his own business."
"Go as far as you like," laughed Peckham.
"Oh, I'm only going as far as Bagdad," answered Mr. Tutt.
Deputy Assistant District Attorney Pepperill complacently set about the preparation of his case, utterly unconscious of the dangers with which his legal path was beset. As he sat at his shiny oaken desk and pressed the button that summoned the stenographer it seemed to him the simplest thing in the world to satisfy any jury of what had taken place and the summit of impudent audacity on the part of Mr. Tutt to have suggested that Hassoun should be dealt with otherwise than a first-degree murderer. And it should be added parenthetically that W.M.P., in spite of his New England temperament, had a burning ambition to send somebody to the electric chair.
In truth, on its face the story as related by Fajala Mokarzel and the other friends of Sardi Babu the deceased pillow-sham vender was simplicity itself. Besides Sardi Babu and Mokarzel there had been Nicola Abbu, the confectioner; Menheem Shikrie, the ice-cream vendor; Habu Kahoots, the showman; and David Elias, a pedler. All six of them, as they claimed, had been sitting peacefully in Ghabryel & Assad's restaurant, eating kibbah arnabeiah and mamoul. Sardi had ordered sheesh kabab. It was about nine o'clock in the evening, and they were talking politics and drinking coffee and smoking cigarettes.
Suddenly Kasheed Hassoun, accompanied by a smaller and much darker man, had entered and striding up to the table exclaimed in a threatening manner: "Where is he who did say that he would spit upon the beard of my bishop?"
Thereupon Sardi Babu had risen and answered: "Behold, I am he."
Immediately Kasheed Hassoun, and while his accomplice held them at bay with a revolver, had leaned across the table and grabbing Sardi by the throat had broken his neck. Then the smaller man had fired off his pistol and both of them had run away. The simplest story ever told. There was everything the law required to send any murderer to the chair, and little Mr. Pepperill had a diagram made of the inside of the restaurant and a photograph of the outside of it, and stamped the indictment in purple ink: Ready for Trial.
Contemporaneously Mr. Tutt was giving his final instructions to Mr. Bonnie Doon, his stage manager, director of rehearsals and general superintendent of arrangements in all cases requiring an extra-artistic touch.
"It's too bad we can't cart a few hundred cubic feet of the Sahara into the court room and divert the Nile down Center Street, but I guess you can produce sufficient atmosphere," he said.
"I could all right—if I had a camel," remarked Bonnie.
"Atmosphere is necessary," continued Mr. Tutt. "Real atmosphere! Have 'em in native costume—beads, red slippers, hookahs, hoochi-koochis."
"I get you," replied Mr. Doon. "You want a regular Turkish village. Well, we'll have it all right. I'll engage the entire Streets of Cairo production from Coney and have Franklin Street crowded with goats, asses and dromedaries. I might even have a caravan pitch its tents alongside the Tombs."
"You can't lay it on too strong," declared Mr. Tutt. "But you don't need to go off Washington Street. And, Bonnie, remember—I want every blessed Turk, Greek, Armenian, Jew, Arab, Egyptian and Syrian that saw Sardi Babu kill Kasheed Hassoun."
"You mean who saw Kasheed Hassoun kill Sardi Babu," corrected Bonnie.
"Well—whichever way it was," agreed Mr. Tutt.
When at length the great day of the trial arrived Judge Wetherell, ascending the bench in Part Thirteen, was immediately conscious of a subtle Oriental smell that emanated from no one could say where, but which none the less permeated the entire court room. It seemed to be a curious compound of incense, cabbage, garlic and eau de cologne, with a suggestion of camel. The room was entirely filled with Syrians. One row of benches was occupied by a solemn group of white-bearded patriarchs who looked as if they had momentarily paused on a pilgrimage to Mecca. All over the room rose the murmur of purring Arabic. The stenographer was examining a copy of Meraat-ul-Gharb, the clerk a copy of El Zeman, and in front of the judge's chair had been laid a copy of Al-Hoda.