“Governor? Judge Lewis Shinn,” said the Judge rapidly. “No, I’m calling from my home in Shinn Corners. Governor, Fanny Adams was murdered here yesterday afternoon — yes, Aunt Fanny Adams. I know — I know you haven’t heard about it, Governor. Governor, listen — Governor, a man has been caught by our constable and a posse of the townspeople. He’s an itinerant of Polish origin and speaks very little English. There is circumstantial evidence that he may have been the murderer. No, wait! Our people have locked him in the cellar of the church and refuse to give him up. That’s right, Governor, they insist on retaining custody of the suspect and trying him themselves — I know they can’t, Governor Ford, but they say they’re going to just the same! At this moment a detail of state police under command of Captain Frisbee of the Petunxit barracks is facing almost the entire male population of Shinn Corners before the church. And they’re all armed. No, I mean the villagers are armed, Governor. In fact, one shot has already been fired... No, no, Governor, how would militia help the situation? It would only aggravate matters. That’s not why I’m calling... Talk to them! Governor, you don’t understand. I tell you if these troopers try to take the prisoner out of that church, blood will run in the streets. I might add that every woman and child in the village is in the direct line of the troopers’ fire and refuses to move. I know — I know, Governor, it is fantastic. But it’s also a fact — That’s exactly the point. There is something you can do, and that’s why I’m calling. First, I suggest you give Captain Frisbee the direct order — he’s standing by — to retire with his men. Sheriff Mothless of Cudbury County is here; he’s to get out, too. Secondly, and this is of vital importance, Governor, I want you to appoint me special judge in this case, authorized to hold a trial in Shinn Corners — Governor... Governor... No, wait. You don’t understand my purpose. Obviously any trial conducted here will be a travesty of justice. Legally speaking, it won’t be a trial at all. But it will pacify these people and get us past the critical period, which is my sole concern at the moment... If they find him guilty and insist—? Of course not, Governor! If it should come to such an extremity, I’ll notify you at once and you can send the state police in force, if necessary call out the National Guard... No, the status of the accused in my opinion wouldn’t change an iota, regardless of what they find. There will be so many errors of legal process — I’ll compound them! — so many statutory safeguards trampled on... That’s it, Governor. For the record you should make it clear that my request and your authorization constitute a ruse of convenience only, to avert bloodshed, and that they’re designed solely to allow tempers to cool down so the prisoner can be got safely away. Then he can be tried in the regular way in a court of proper jurisdiction— No, no, Governor, I don’t want the State’s Attorney of Cudbury County involved! For exactly the reason that he should be!... That’s right, Governor. That’s it — thank you. Oh, one thing more. Will you keep this quiet? The fewer know what’s happened the better. If word gets out and reporters start pouring in here... Yes, yes. Please instruct Captain Frisbee to that effect for himself, his men, and Sheriff Mothless. I’ll take care of the county coroner and the one or two others here who know— Yes, I’ll keep you informed... God bless you, Governor. Captain Frisbee’s right here.”
With the departure of the troopers and the sheriff everything softened into natural shapes and colors. The air lightened as if a gas had blown away and the people changed from stiff figures in a photograph to men and women and children.
Samuel Sheare turned away, his lips moving. His wife went up to him, putting her stout body between him and the danger that had passed.
The women chattered and scolded the children; the big boys elbowed one another, horsing around; the men grounded their weapons and looked sheepish. Only Hube Hemus did not change expression; if he felt a personal triumph, no sign of it appeared on his gaunt features.
Judge Shinn held up his hand, and after a moment, good-naturedly, they listened.
“With the consent and cooperation of the Governor of our state, neighbors, you are going to have your chance to demonstrate that Shinn Corners is as strong for protecting the rights of an accused murderer as you are for asserting your own. Governor Ford has just empowered me to conduct the trial of Josef Kowalczyk in Shinn Corners.”
They murmured their approval.
“I assume,” the Judge continued dryly, “you consider me qualified. But so that there will be no misunderstanding, will you signify that you consent to my sitting in this case, and that you will abide by my rulings without argument except as they are properly argued by prosecutor and defense counsel?”
“Let’s call a town meetin’,” said Burney Hackett.
“No need for that,” said Hube Hemus indulgently. “Trial’s got to have a judge, and a judge’s got his prescribed powers. All those in favor say aye!” There was a roar of ayes. “All those opposed motion carried. Go ahead, Judge.”
“Then I set the trial of Josef Kowalczyk as beginning Monday morning, the seventh day of July, at ten o’clock A.M. That’s tomorrow morning, late enough so the chores can be got out of the way. The place of the trial will be Aunt Fanny Adams’s house. We’ll all be more comfortable there, and we’ll have the additional advantage of being on the scene of the crime, so that exhibits need not be toted from one place to another. Is that agreeable to everyone?”
They were pleased. Johnny thought, Crafty old conniver. You’ve set it in the one place calculated to reassure them.
“The first thing we will do tomorrow morning,” the Judge went on, “is empanel a jury. The law states that the accused must be tried by a jury of his peers, consisting of twelve legal voters of good character, sound judgment, and fair education, aged at least twenty-five, plus an alternate in case one of the twelve takes sick or otherwise cannot continue as a juryman during the trial. There will have to be a bailiff to take charge of the prisoner and keep order in the courtroom, a clerk of the court to keep the record of the trial, a prosecutor, and a defense attorney. The accused will be given the opportunity to select his own counsel and, if he does so, you must abide by his choice. If he has no preference, the court will appoint counsel to defend him; and in that case, I shall have to call in a lawyer from outside at town expense. Is that understood?”
They looked at Hubert Hemus.
Hemus reflected. “Aya. He’s got to have his lawyer. But who’s goin’ to prosecute?”
“Good question, Hube,” said the Judge, still more dryly. “I’ll have a suggestion on that point at the proper time, one that I’m sure will meet with everyone’s approval.”
He looked around. “All qualified voters will be present in the living room of Aunt Fanny Adams’s house by a quarter of ten tomorrow morning. Court will convene at ten sharp. And now, neighbors, I think we’ve held up church long enough, don’t you, Mr. Sheare?”
The women and children trooped into the church. The men conferred in low tones; then Tommy and Dave Hemus were given instructions and came down off the steps to take posts before and behind the little white building, trailing their guns negligently. Eddie Pangman and Drakeley Scott hurried up the walk and out into Shinn Road. They halted in the middle of the intersection. Eddie Pangman faced east, in the direction of Cudbury; Drakeley Scott faced west, in the direction of Comfort. Both boys were in high spirits. They joked to each other over their shoulders.
The men of Shinn Corners stacked their guns carefully outside the church and went in to their Sunday worship.