By Advice of Counsel Part 4

"Raphael B. Hogan!"

"The devil!" e.j.a.c.u.l.a.t.ed Tutt.

"You've said it!" declared Mr. Asche devoutly.

That evening under cover of darkness Mr. Ephraim Tutt descended from a dilapidated taxi at the corner adjacent to Froelich's butcher shop, and several hours later was whisked uptown again to the brownstone dwelling occupied by the Hon. Simeon Watkins, the venerable white-haired judge then presiding in Part I of the General Sessions, where he remained until what may be described either as a very late or a very early hour, and where during the final period of his intercourse he and that distinguished member of the judiciary emptied an ancient bottle containing a sparkling rose-colored liquid of great artistic beauty.

Then Mr. Tutt returned to his own library at the house on Twenty-third Street and paced up and down before the antiquated open grate, inhaling quant.i.ties of what Mr. Bonnie Doon irreverently called "hay smoke," and pondering deeply upon the evils that men do to one another, until the dawn peered through the windows and he bethought him of the all-night lunch stand round the corner on Tenth Avenue, and there sought refreshment.

"Salvatore," he remarked to the smiling son of the olive groves who tended that bar of innocence, "the worst crook in the world is the man who does evil for mere money."

"_Si, Signor Tutti_," answered Salvatore with Latin perspicacity. "You gotta one, eh? You giva him h.e.l.l?"

"_Si! Si!_" replied Mr. Tutt cheerily. "Even so! And of a truth, moreover! Give me another hot dog and a cup of bilge water!"

"People versus Mathusek?" inquired Judge Watkins some hours later on the call of the calendar, looking quite vaguely as if he had never heard of the case before, round Part I, which was as usual crowded, hot, stuffy and smelling of unwashed linen and prisoners' lunch. "People versus Mathusek? What do you want done with this case, Mr. O'Brien?"

"Ready!" chanted the red-headed O'Brien, and, just as he had expected, the Hon. Raphael Hogan limbered up in his slow, genial way and said: "If Your Honor please, the defendant would like a few days longer to get his witnesses. Will Your Honor kindly adjourn the case for one week?"

He did not notice that the stenographer was taking down everything that he said.

"I observe," remarked Judge Watkins with apparent amiability, "that you have had five adjournments already. If The People's witnesses are here I am inclined to direct you to proceed. The defendant has been under indictment for six weeks. That ought to be long enough to prepare your defense."

"But, Your Honor," returned Hogan with pathos, "the witnesses are very hard to find. They are working people. I have spent whole evenings chasing after them. Moreover, the defendant is perfectly satisfied to have the case go over. He is anxious for an adjournment!"

"When did you last see him?"

"Yesterday afternoon."

The judge unfolded the papers and appeared to be reading them for the first time. He wasn't such a bad old actor himself, for he had already learned from Mr. Tutt that Hogan had not been near Tony for three weeks.

"Um--um! Did you represent the defendant in the police court?"

"Yes, Your Honor."

"Why did you waive examination?"

Hogan suddenly felt a lump swelling in his pharynx. What in h.e.l.l was it all about?

"I--er--there was no use in fighting the case there. I hoped the grand jury would throw it out," he stammered.

"Did anybody ask you to waive examination?"

The swelling in Hogan's fat neck grew larger. Suppose McGurk or Delany were trying to put something over on him!

"No! Certainly not!" he replied unconvincingly. He didn't want to make the wrong answer if he could help it.

"You have an--a.s.sociate, have you not? A Mr. Simpkins?"

"Yes, Your Honor." Hogan was pale now and little beads were gathering over his eyebrows.

"Where is he?"

"Downstairs in the magistrate's court."

"Officer," ordered the judge, "send for Mr. Simpkins. We will suspend until he can get here."

Then His Honor occupied himself with some papers, leaving Hogan standing alone at the bar trying to work out what it all meant. He began to wish he had never touched the d.a.m.n case. Everybody in the courtroom seemed to be looking at him and whispering. He was most uncomfortable. Suppose that crooked cop had welshed on him! At the same instant in the back of the room a similar thought flashed through the mind of Delany. Suppose Hogan should welsh on him! Coincidentally both scoundrels turned sick at heart. Then came to each the simultaneous realization that neither could gain anything by giving the other away, and that the only thing possible for either was to stand pat. No, they must hang together or a.s.suredly hang separately. Then the door opened and a tall officer entered, followed by a very nervous Mr. Joey Simpkins.

"Come up here!" directed the judge. "You are Mr. Hogan's a.s.sistant, are you not?"

"Yes, sir!" quavered the anxious Simpkins.

"How much money have you taken from Mrs. Mathusek?"

"Four hundred and thirty-five dollars."

"For what?" sharply.

"For protecting her son."

"Where? How?"

"Why--from his arrest to the present time--and for his defense here in General Sessions."

"Have either you or Mr. Hogan done anything as yet--except to waive examination in the police court?"

Mr. Simpkins turned hastily to Mr. Hogan, who realized that things were going badly.

"Your Honor," he interposed thickly, "this money was an agreed fee for my services as counsel. This examination seems to me somewhat uncalled for and unfair."

"Call Tony Mathusek to the bar!" suddenly ordered the judge.

It was a dangerous play, but Hogan decided to bluff it through.

"In view of the fact that I have not received my fee I shall refuse to appear for the defendant!" he announced brazenly.

"Indeed!" retorted the judge with sarcasm. "Then I will a.s.sign Mr.

Ephraim Tutt to the defense. You two gentlemen will please sit down--but not leave the courtroom. We may need you."

At that moment, just as the defendant was led to the bar, Mr. Tutt emerged from behind the jury box and took his stand at Tony's side.

Nothing much to look at before, the boy was less so now, with the prison pallor on his sunken little face. There was something about the thin neck, the half-open mouth and the gaunt, blinking, hollow eyes that suggested those of a helpless fledgling.

"Impanel a jury!" continued the judge, and Mr. Tutt conducted Tony inside the rail and sat down beside him at the table reserved for the defendant.