The Turn of the Balance

But it was only a moment. Curly had turned away, effacing himself. Presently he started, and cast about him that habitual backward glance; he had heard a step. It was Koerner. The old man in his shirt-sleeves, swinging heavily between his crutches, paused in the doorway, and then seeing his boy, his face softened, and, balanced on his crutches, he held out his arms and Archie strode toward him.

Curly waited another moment like the first, taking the chances, almost cynically wondering how far he could brave this fate. It was still in the little room. The words were few. The moment brought memories to him as well,–but he could endure it no longer; the risk was enormous already; they were losing time. For, just as they had entered the house, in that habitual glance over the shoulder, Curly had seen the figure in the dark doorway across the street–and he knew.

"Come on, Archie," he said.

Archie turned in surprise.

"It's all off," Curly said. "We're dogged."

"Why?"

"The bulls–"

"Where?"

"Across the street–an elbow."

"Him?"

"Yes."

"The hell!"

Curly glanced toward the back room. But Archie suddenly grew stubborn.

"No," he said. "Let's stick and slug."

"Don't be a chump," said Curly.

"We're heeled."

"Well, they'd settle you in a minute."

"They can't. We can bust the bulls."

"All right," said Curly. "Be the wise guy if you want to. I'll take it on the lam for mine; they ain't going to bury me. Can I get out that way?"

He brushed past them in the doorway, and called from the kitchen:

"Besides, you've got orders."

Then Archie remembered; he looked at his mother, at his father, glanced about the little room, barren in the poverty that had entered the home, hesitated, then turned and left them standing there. As he passed through the kitchen he heard little Katie and little Jake breathing in their sleep, and the sound tore his heart.

He was over the fence and in the alley just behind Curly. They ran for a block, darted across a lighted street, then into the black alley again. For several blocks they dashed along, getting on as fast as they could. Then at length Archie, soft from his imprisonment, stopped in the utter abandon of physical exhaustion and stood leaning against a barn.

"God!" he said, "I hain't going another step! I'm all in!"

Curly had been leading the way in the tireless energy of the health his out-of-door life gave him, but when Archie stopped, he paused and stood attent, inclining his head and listening.

The night, almost half gone, was still; sounds that in the daytime and in the earlier evening had been lost in the roar of the city became distinct, trolley-cars sweeping along some distant street, the long and lonesome whistles of railroad engines, now and then the ringing of a bell; close by, the nocturnal movements of animals in the barns that staggered grotesquely along the alley.

"It's all right," said Curly; "we've made a getaway."

He relaxed and slouched over to where Archie stood.

"Where are we, do you know?" he asked.

Archie thought. "That must be Fifteenth Street down there. Yes, there's the gas house." He pointed to a dark mass looming in the night. "And the canal–and yes, Maynard's lumber-yard's right beyond."

"How far from the spill?"

"About three blocks."

"Come on, we must get out on the main stem."

They went on, but in the security they felt at not being followed, they ran no more, but paced rapidly along, side by side. They had not had the time nor the breath for talk, but now suddenly, Archie, in a tone that paid tribute to Curly's powers, expressed the subliminal surprise he had had.

"How did you know the bulls was there?"

"I piked off the elbow just as we went in."

"I didn't see him," said Archie. "Where was he?"

"Right across the street, planted in a doorway."

"How do you suppose he'd spotted us?"

"Oh, he was layin' for you, that's all. He had it all framed up. He thought he'd job you and swell himself."

"What do you think of that now!"

They reached the yard where the black shadows cast by the tall leaning piles of lumber welcomed them like friends, and through this they passed, coming out at length on the railroad. They reconnoitered. The sky of the October night was overcast by thin clouds which, gray at first, turned bright silver as they flew beneath the risen moon.

"The dog's out," said Curly, who had almost as many names for the moon as a poet.

Before them the rails gleamed and glinted; over the yards myriads of switch-lights glowed red and green, sinister and confusing. Not far away a switch-engine stood, leisurely working the pump of its air-brake, emitting steamy sighs, as if it were snatching a moment's rest from its labors. On the damp and heavy air the voices of the engineer and fireman were borne to them. At times other switch-engines slid up and down the tracks. Curly and Archie sat down in the shadow of the lumber and waited. After a while, down the rails a white light swung in an arc, the resting switch-engine moved and began to make up a freight-train.

"Now's our chance," said Curly.

The switch-engine went to and fro and up and down, whistling now and then, ringing its bell constantly, drawing cars back and forth interminably, pulling strings of them here and there, adding to and taking from its train, stopping finally for a few minutes while a heavy passenger-train swept by, its sleeping-cars all dark, rolling heavily, mysteriously, their solid wheels clicking delicately over the joints of the rails.

"I wish we were on that rattler," said Archie, with the longing a departing train inspires, and more than the normal longing. Curly laughed.

"The John O'Brien's good enough for us," he said.

The passenger-train, shrinking in size by swift perceptible degrees as it lost itself in the darkness, soon was gone. The white lantern swung again, and the switch-engine resumed its monotonous labors, confined to the tedious limits of that yard, never allowed to go out into the larger world. Gradually it worked the train it was patiently piecing together over to the side of the yard where Archie and Curly waited. Then, at last, watching their chance, they slipped out, found an open car, sprang into it, slunk out of possible sight of conductor or switchman, and were happy.

The car was bumped and buffeted up and down the yard for an hour; but Archie and Curly within were laughing at having thus eluded the officers. They sat against the wall of the car, their knees to their chins, talking under cover of the noise the cars made. After a while the engine whistled and the train moved.

When they awoke, the car was standing still and a gray light came through the cracks of the door.

"I wonder where we are," said Archie, rubbing his eyes.

Curly got up, stretched, crept to the middle of the car and looked out. Presently Archie heard him say:

"By God!"

He joined him. And there were the lumber piles. It was morning, the city was awake, the grinding of its weary mills had begun. They were just where they had been the night before.

"Marooned!" said Curly, and he laughed.

They decided, or Curly decided, that they must wait. Some of those restless switch-engines would make up another train before long, and in it they might leave the town, in which there was now no place of safety for them. The morning was cold; the chill of the damp atmosphere stiffened them. Just outside, in the lumber-yard, several men were working, and the fugitives must not be seen by them, for they would be as hostile as the whole world had suddenly become. They waited, but the men did not leave. Their task seemed to be as endless as that of the switch-engine. For a long while the railroad yards were strangely still. Now and then Curly crept to the door and peeped out; the lumber-shovers were not twenty feet away. The door on the opposite side of the car was locked. Finally, they grew restless; they decided to go out anyhow.

"Hell!" said Archie. "There's nothing to it. Let's mope."

Something of Archie's recklessness and disregard of consequences affected Curly.

"Well, all right," he said; "come on."

They went to the door of the car. And there, looking full in their faces, was a switchman with a red, rough face and a stubble of reddish beard. The switchman drew back with a curse to express his astonishment, his surprise, the sudden fright that confused and angered him.

"Come out o' that, you hobos," he called, stepping back. The men in the lumber-yard heard his sudden cry, stopped and looked up. The switchman cursed and called again.

Curly and Archie shrank into the darkness of the car. Archie had drawn his revolver.

"Put it up," said Curly, with the anger of his disappointment.

They waited and listened; the switchman's voice was heard no more; he must have gone away.

"He'll blow us to the railroad coppers. Now's our only chance!"

They went to the door, leaped out, bent their heads and ran. And instantly, with the howl of the hunter, the men in the lumber-yard, not knowing Archie or Curly or what they had done, or whether they had done anything, left their work and ran after them, raising the old hue and cry of English justice. Even the engines in the yards joined by sounding sharp, angry blasts on their whistles, and behind the little group that was rapidly becoming a mob, raced the switchman with two of the railroad's detectives.

As swiftly as they could, in their stiffness and their hunger and their cold, Archie and Curly ran down the long yards, over cinders and uneven ties. They ran for a quarter of a mile and the yard narrowed, the tracks began to converge, to unite, marking the beginning of the main line. On either side rose the clayey banks, ahead there was a narrow cut with an elevated crossing; near this was a switchman's shanty. Just then something sang over their heads, a musical humming sound. They knew the sound a bullet makes and dodged into the switchman's shanty, slammed the door behind them, locked it and, a moment later, were at bay with the mob. The crowd surged up to the very door, flung itself against the shanty. Then Curly called:

"Stand back!"

The cry of the crowd was given in a lower, angrier tone; again it hurled itself against the door, and the little shanty, painted in the yellow and white of the railroad, rocked. Another shot pierced the shanty, splintering the boards above their heads. Then Archie stepped to the little window, thrust out his revolver. There was an angry cry outside, then stillness; the crowd gave way, withdrew, and kept its distance.

"Don't push the rod!" Curly commanded. "What in hell ails you?"

"Oh, sin not leery! I'll plug 'em for keeps!"

Curly looked into Archie's white face.

"Are the bulls tailing on?" he asked.

"They're coming strong! Listen!"

"We'd better cave!" urged Curly.

"Like hell!" Archie replied. "They don't drop me without a muss now. If you want to flunk–"

Curly's face flamed and his little eyes pierced Archie.

"Look out, young fellow!" he said, taking a sudden step toward him. Archie looked at him with a sneer. Then Curly stopped.

"Look here, Dutch," he said. "Don't be a fool. We're–"

"I've told you what I'll do," said Archie, all the dogged stubbornness of his nature aroused. Then Curly seemed to lose interest. Outside they could hear the crowd again.

Half an hour passed. They heard the clang of a gong in the near-by street.

"The pie wagon," said Curly.

Archie was quiet. There was a cheer, then a voice, deep, commanding and official:

"Surrender in the name of the law!"

Curly looked a question at Archie.

"What ails you to-day?" asked Archie. "Lost your nerve?"

"I haven't lost my nut."

"We'll give you three minutes," said the voice, "then if you don't come out, holding up your hands, we'll fire."

For what seemed a long time there was utter quiet, then bullets tore through the pine boards of the little shanty and Archie sprang to the window and fired. Curly was squatting on the floor. Archie fired again, and again, and yet again.

"I've only got one left," he said, turning from the window.

"All right, then we'll cave."

Curly got up, went to the door, flung it open and held up his hands. The mob cheered.

But Archie stayed. The officer called again, Curly called, the crowd called; then the shooting began again. Presently Archie appeared in the doorway and looked about with a white, defiant face. And there, before him, a rod away, stood Kouka, revolver in hand. He saw Archie, his brow wrinkled, and he smiled darkly.

Archie looked about with a white, defiant face

"You might as well–" he began.

Archie looked at him an instant, slowly raised his revolver above his head, lowered it in deliberate aim, fired, and Kouka fell to his knees, toppled forward with a groan and collapsed in a heap on the ground, dead.

The crowd was stricken still. Archie stood looking at Kouka, his eyes burning, his face white, his smoking revolver lowered in his hand. A smile came to his pale, tense lips. Then the crowd closed in on him; the policemen, angry and ferocious, caught and pinioned him, began to club him. The crowd pressed closer, growing savage, shaking fists at him, trying to strike him. Suddenly some one began to call for a rope.

Then the policemen, so eager a moment before to wreak their own vengeance on him, were now concerned for his safety. A sergeant gave a command; they dragged Archie toward the patrol wagon. The crowd surged that way, and Archie, bareheaded, his yellow hair disordered, his eyes flashing, his white brow stained with blood, stared about on the policemen and on the crowd with a look of hatred. Then he glanced back to where some men were bending over Kouka, and he smiled again.

"Well, I croaked him all right," he said.

A patrolman struck him with a club; and he staggered as the blow fell with a sharp crash on his head.

"Get on there!" said the sergeant, cursing him. He was thrown into the patrol wagon beside Curly, and he sat there, white, with the blood trickling in two streams from his forehead, his eyes flashing, and the strange smile on his lips whenever he looked back where Kouka lay. The patrol wagon dashed away.

VI

Marriott was sensible of a hostile atmosphere the moment he entered the police station. The desk sergeant glanced at him with disapproval, kept him waiting, finally consulted an inspector, blew savagely into a speaking tube, and said:

"Here's a young lawyer to see Koerner."

The contemptuous description, the tone, the attitude, all expressed the hatred the police had for Archie, a hatred that Marriott realized would extend itself to him for taking sides with Archie. The turnkey, a thin German with cheek-bones that seemed about to perforate his sallow skin, a black mustache, and two black, glossy curls plastered on his low forehead, likewise scowled and showed reluctance.

"How many damned lawyers," he said, taking a corn-cob pipe from his mouth, "is that feller going to have, anyway?"

"Why," asked Marriott in a sudden hope that ignored the man's insolence, "have there been others?"

"Humph!" said the turnkey, jangling his heavy keys. "Only about a dozen."

"Well, I'll see him anyway."

Marriott had waited thus for Archie and for other men who had done crimes; but never for one who had killed a man. He felt a new, unpleasant sensation, a nervous apprehension, just a faint sickness, and then–Archie came.

The boy stepped into the turnkey's room with a certain air of relief; he straightened himself, stretched, and within the flannel undershirt that showed his white, muscular neck to its base, his chest expanded as he filled his lungs with the welcome air. He threw away his cigarette, came forward and pressed Marriott's hand, strongly, with hearty gratitude.

The turnkey led them to a dingy room, and locked them in a closet used as a consulting cabinet by those few prisoners who could secure lawyers. The gloom was almost as thick as the dust in the closet. Marriott thought of all the tragedies the black hole had known; and wondered if Archie had any such thoughts. He could not see Archie's face clearly, but it seemed to be clouded by too many realities to be conscious of the romantic or the tragic side of things. It was essential to talk in low tones, for they knew that the turnkey was listening through the thin, wooden partition. Marriott waited for Archie to begin.

"Well?" he said presently.

"Got a match, Mr. Marriott?" Archie asked.

Marriott drew out his silver match-box, and then looked at Archie's face glowing red in the tiny flame of the light he made for his cigarette. The action calmed and reassured Marriott Archie's face wore no unwonted or tragic expression; if his experience had changed him, it had not as yet set its mark on him. Marriott lighted a cigarette himself.

"I was afraid you wouldn't come," said Archie, dropping to the floor the match he economically shared with Marriott, and then solicitously pressing out its little embers with his foot.

"I got your message only this morning."

"Humph!" sneered Archie. "That's the way of them coppers. I asked 'em to 'phone you the morning they made the pinch."

"Well, they didn't."

"No, they've got it in for me, Mr. Marriott; they'll job me if they can. I was worried and 'fraid I'd have to take some other lawyer."

"They told me you had seen others."

"Oh, some of them guys was here tryin' to tout out a case; you know the kind. Frisby and Pennell, some of them dead ones. I s'pose they were lookin' for a little notoriety."

The unpleasant sensation Marriott felt at Archie's recognition of his own notoriety was lost in the greater disgust that he had for the lawyers who were so anxious to share that notoriety. He knew how Frisby solicited such cases, how the poor and friendless prisoners eagerly grasped at the hopes he could so shamelessly hold out to them, how their friends and relatives mortgaged their homes, when they had them, or their furniture, or their labor in the future, to pay the fees he extorted. And he knew Pennell, the youth just out of law-school, who had the gift of the gab, and was an incorrigible spouter, having had the misfortune while in college to win a debate and to obtain a prize for oratory. His boundless conceit and assurance made up for his utter lack of knowledge of law, or of human nature, his utter lack of experience, or of sympathy. He had no principles, either, but merely a determination to get on in the world; he was ever for sale, and Marriott knew how his charlatanism would win, how soon he would be among the successful of the city.

"I tell you, Archie," he was saying, "I can't consent to represent you if either of these fellows is in the case."

"Who? Them guys? Not much!" Archie puffed at his cigarette. "Not for me. I'm up against the real thing this time." He gave a little sardonic laugh.

It was difficult to discuss the case to any purpose in that little closet with its dirt and darkness, and the repressing knowledge that some one was straining to hear what they would say. Marriott watched the spark of Archie's cigarette glow and fade and glow and fade again.

"We can't talk here," said Archie. "You pull off my hearing as soon as possible, and get me out of here. When I get over to the pogey I'll have a chance to turn around, and we can talk. Bring it on as soon's you can, Mr. Marriott. Won't you? God! It's hell in that crum box, and those drunks snoring and snorting and havin' the willies all night. Can't you get it on to-morrow morning?"

"Can we be ready by then?"

"Oh, there's nothin' to it down here. We'll waive."

"We'll see," said Marriott, with the professional dislike of permitting clients to dictate how their desperate affairs should be managed. "You see I don't know the circumstances of the affair yet. All I know is what I've read in the papers."

"Oh, well, to hell with them," said Archie. "Never mind what they say. They're tryin' to stick me for that Flanagan job. You know, Mr. Marriott, I didn't have nothin' to do with that, don't you?"

Archie leaned forward in an appeal that was irresistible, convincing.

"Yes, I know that."

"All right, I want you to know that. I ain't that kind, you know. But Kouka–well, I got him, but I had to, Mr. Marriott; I had to. You see that, don't you? He agitated me to it; he agitated me to it."

He repeated the word thus strangely employed a number of times, as if it gave him relief and comfort.

"Yes, sir, he agitated me to it. I had to; that's all. It was a case of self-defense."

Marriott was silent for a few moments. Then he asked:

"Have you talked to the police?"

Archie laughed.

"They give me the third degree, but–there was nothin' doin'."

Marriott was relieved to find that he did not have to face the usual admission the police wring from their subjects, but Archie went on:

"Of course, that don't make no difference. They can frame up a confession all right."

"They'd hardly do anything that desperate," said Marriott, though not with the greatest assurance.

"Well," said Archie, "I wouldn't put it past 'em."

Marriott finished his cigarette in a reflective silence, dropped it to the floor and imitated Archie in the care with which he extinguished it. Then he sighed, straightened up and said:

"Well, Archie, let's get down to business; tell me the particulars."

And Archie narrated the events that led up to the tragedy.

"I wanted to see the old people–and the kids–and Gus." He was silent then, and Marriott did not break the silence.

"Say, Mr. Marriott," the boy suddenly asked, "where is Gus?"

"I don't know."

"What's become of her? Do you know that?"

"N-no–," said Marriott. He felt that Archie was eying him shrewdly.

"You know," said Archie in the lowest tone, "I'm afraid, I've got a kind of hunch–that she's–gone wrong."

Marriott feared his own silence, but he could not speak.

"Hell!" Archie exclaimed, in a tone that dismissed the question. "Well, I wanted to go home, and I goes, Curly and me. Kouka followed; he plants himself across the street, gets the harness bulls, and they goes gunning. Curly, he sees him–Curly can see anything. We lammed. The coppers misses us; and we gets on a freight-car. They cuts that car out, and we stays in it all night. Damn it! Did you ever hear o' such luck? Now did you, Mr. Marriott?"

Marriott owned that he had not.

"In the morning," Archie went on, "they lagged us and we ran–they began to shoot, and–"

He stopped.

"Well," he said very quietly. "I had my rod, and barked at Kouka. I got him."

Marriott wished that he could see Archie's face. It was not so dim in there as it had been, or so it seemed to Marriott, for his eyes had accommodated themselves to the gloom, but he could not read Archie's expression. He waited for him to go on. He was intensely interested now in the human side of the question; the legal side might wait. He longed to put a dozen questions to Archie, but he dared not; he felt that he could not profane this soul that had erred and gone astray, by prying out its secrets; he was conscious only of a great pity. He thought he might ask Archie if he had shot, aimed, intentionally; he wished to know just what had been in the boy's heart at that moment: then he had a great fear that Archie might tell him. But Archie was speaking again.

"Say, Mr. Marriott," he said, "could you go out to my home and get me some clothes? I want to make as good a front as I can when I go into court."

"Your clothes seem pretty good; they look new. They gave them to you, I suppose, at the penitentiary?"

Archie laughed.

"I'd look like a jay in them stir clothes," he said. "These–well, these ain't mine," he added simply. "But get me a shirt, if you can, and a collar and–a tie–a blue one. And say, if you can, get word to the folks–tell 'em not to worry. And if you can find Gus, tell her to come down. You know."

Marriott went out into the street, glad of the sunlight, the air, the bustle of normal life. And yet, as he analyzed his sensations, he was surprised to note that the whole affair had lacked the sense of tragedy he had expected; it all seemed natural and commonplace enough. Archie was the same boy he had known before. The murder was but an incident in Archie's life, that was all, just as his own sins and follies and mistakes were incidents that usually appeared to be necessary and unavoidable–incidents he could always abundantly account for and palliate and excuse and justify. Sometimes it seemed that even good grew out of them. Sometimes! Yes, always, he felt, else were the universe wrong. And after all–where was the difference between sins? What made one greater than another? Wherein was the murder Archie had done worse than the unkind word he, Gordon Marriott, had spoken that morning? But Marriott put this phase of the question aside, and tried to trace Archie's deed back to its first cause. As he did this, he became fascinated with the speculation, and his heart beat fast as he thought that if he could present the case to a jury in all its clarity and truth–perhaps–perhaps–