By Advice of Counsel Part 8

"'Hands off there!' yells the Armenian.

"Then there is a mix-up and everybody piles in--and there is a ma.s.sacre!"

"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 bra.s.s 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 Ha.s.soun, the owner of Eset el Gazzar."

"Who?" roared Tutt.

"The camel. You see, n.o.body 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 n.o.body 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 a.s.sented.

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 Ha.s.soun, 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," a.s.sented 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 h.e.l.l 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 gla.s.s 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 p.r.o.nounced 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 a.s.sumed 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-cla.s.s sort of chap.

So he smiled.

"My name is Tutt," said he. "I am counsel for a man named Ha.s.soun, 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 a.s.sistant District Attorney William Montague Pepperill drew himself up haughtily. He regarded all criminal pract.i.tioners as semicrooks, ignorant, illiterate, rather dirty men--not in the real American cla.s.s.

"I can do nothing of the kind," he answered sternly and very distinctly.

"If these men seek the hospitality of our sh.o.r.es 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.