CHAPTER XXIII

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Tom was out late, that night, and came to bed through the window. He was in a tremendous state of excitement. It was hours before he got to sleep. All the village flocked to the court-house the next morning, for this was to be the great day. Both sexes were about equally represented in the packed audience. After a long wait the jury filed in and took their places; shortly afterward, Potter, pale and haggard, timid and hopeless, was brought in, with chains upon him, and seated where all the curious eyes could stare at him; no less conspicuous was Injun Joe, stolid as ever. There was another pause, and then the judge arrived and the sheriff proclaimed the opening of the court. The usual whisperings among the lawyers and gathering together of papers followed. These details and accompanying delays worked up an atmosphere of preparation that was as impressive as it was fascinating.

Now a witness was called who testified that he found Muff Potter washing in the brook, at an early hour of the morning that the murder was discovered, and that he immediately sneaked away. After some further questioning, counsel for the prosecution said:

"Take the witness."

The prisoner raised his eyes for a moment, but dropped them again when his own counsel said:

"I have no questions to ask him."

The next witness proved the finding of the knife near the corpse. Counsel for the prosecution said:

"Take the witness."

"I have no questions to ask him," Potter's lawyer replied.

A third witness swore he had often seen the knife in Potter's possession.

"Take the witness."

Counsel for Potter declined to question him. The faces of the audience began to betray annoyance. Did this attorney mean to throw away his client's life without an effort?

Several witnesses deposed concerning Potter's guilty behavior when brought to the scene of the murder. They were allowed to leave the stand without being cross-questioned.

Every detail of the damaging circumstances that occurred in the graveyard upon that morning which all present remembered so well was brought out by credible witnesses, but none of them were cross-examined by Potter's lawyer. The perplexity and dissatisfaction of the house expressed itself in murmurs and provoked a reproof from the bench. Counsel for the prosecution now said:

"By the oaths of citizens whose simple word is above suspicion, we have fastened this awful crime, beyond all possibility of question, upon the unhappy prisoner at the bar. We rest our case here."

A groan escaped from poor Potter, and he put his face in his hands and rocked his body softly to and fro, while a painful silence reigned in the court-room. Many men were moved, and many women's compassion testified itself in tears. Counsel for the defence rose and said:

"Your honor, in our remarks at the opening of this trial, we foreshadowed our purpose to prove that our client did this fearful deed while under the influence of a blind and irresponsible delirium produced by drink. We have changed our mind. We shall not offer that plea." [Then to the clerk:] "Call Thomas Sawyer!"