Tutt and Mr. Tutt. Arthur Cheney Train
acquitted."
"Do you think they can raise that amount of money?"
"I think so," answered Tutt. "It might be a good deal for an individual Chink to cough up on his own account, but this is a coöperative affair. Mock Hen didn't kill Quong Lee to get anything out of it for himself, but to save the face of his society."
"He didn't kill him at all!" declared Mr. Tutt, hardly moving a muscle of his face.
"Well, you know what I mean!" said Tutt.
"He wasn't there," insisted Mr. Tutt. "He was way over in Fulton Market buying a terrapin."
"That is what, if I were district attorney, I should call a Mock Hen with a mockturtle defense!" grunted Tutt.
Mr. Tutt chuckled.
"I shall have to get that off myself at the beginning of the case, or it might convict him," he remarked. "But he wasn't there—unless the jury find that he was."
"In which case he will—or shall—have been there—whatever the verb is," agreed Tutt. "Anyhow they'll tax every laundry and chop-suey palace from the Bronx to the Battery to pay us."
"I'd hate to take our fee in bird's-nest soup, shark's fin, bamboo-shoots salad and ya ko main," mused Mr. Tutt.
"Or in ivory chopsticks, oolong tea, imitation jade, litchi nuts and preserved leeches!" groaned Tutt. "Be sure and get the thousand down; it may be all the cash we'll ever see!"
Promptly at twelve the law committee of the Hip Leong Tong returned to the office of Tutt & Tutt. With them came a venerable Chinaman in native costume, his wrinkled face as inscrutable as that of a snapping turtle. The others took chairs, but this high dignitary preferred to sit upon his heels on the floor, creating something of the impression of an ancient slant-eyed Buddha.
Wong Get translated for his benefit the arrangement proposed by Mr. Tutt, after which there was a long pause while His Eminence remained immovable, without even the flicker of an eyelid. Then he delivered himself in an interminable series of gargles and gurgles, supplemented by a few cough-like hisses, while Wong Get translated with rapid dexterity, running verbally in and out among his words like a carriage dog between the wheels of a vehicle.
It was, declared Buddha, an affair of great moment touching upon and appertaining to the private honor of the Duck, the Wong, the Fong, the Long, the Sui and various other families, both in America and China. The life of one of their members was at stake. Their face required that the proceedings should be as dignified as possible. The price named by Mr. Tutt was quite inadequate.
Mr. Tutt, repressing a smile, passed a box of stogies. What amount, he inquired through Wong Get, would satisfy the face of the Duck family? A somewhat lengthy discussion ensued. Then Buddha rendered his decision.
The honor of the Ducks, Longs and Fongs would not be satisfied unless Mr. Tutt received five thousand dollars down, five more if Mock Hen was convicted, three more if he died before the conclusion of the trial, and twenty thousand if he was acquitted.
Mr. Tutt, assuming an equal impassivity, pondered upon the matter for about an inch of stogy and then informed the committee that the terms were eminently satisfactory. Buddha thereupon removed from the folds of his tunic a gigantic roll of soiled bills of all denominations and carefully counting out five thousand dollars placed it upon the table.
"H'm!" remarked Tutt when he learned of the proceeding. "His face is our fortune!"
"Look here," expostulated District Attorney Peckham in his office to Mr. Tutt a month later. "What's the use of our both wasting a couple of weeks trying a Chinaman who is bound to be convicted? Your time's too valuable for that sort of thing, and so is mine. We've got three white witnesses that saw him do it, and a couple of dozen Chinks besides. He doesn't stand a chance; but just because he is a Chink, and to get the case out of the way, I'll let you plead him to murder in the second degree. What do you say?"
He tried to conceal his anxiety by nervously lighting a cigar. He would have given a year's salary to have Mock Hen safely up the river, even on a conviction for manslaughter in the third, for the newspapers were making his life a burden with their constant references to the seeming inability of the police department and district attorney's office to prevent the recurrence of feud killings in the Chinatown districts. What use was it, they demanded, to maintain the expensive machinery of criminal justice if the tongs went gayly on shooting each other up and incidentally taking the lives of innocent bystanders? Wasn't the law intended to cover Chinamen as much as Italians, Poles, Greeks and niggers? And now that one of these murdering Celestials had been caught red-handed it was up to the D.A. to go to it, convict him, and send him to the chair! They did not express themselves precisely that way, but that was the gist of it. But Peckham knew that it was one thing to catch a Chinaman, even red-handed, and another to convict him. And so did Mr. Tutt.
The old lawyer smiled blandly—after the fashion of the Hip Leong Tong. Of course, he admitted, it would be much simpler to dispose of the case as Mr. Peckham suggested, but his client was insistent upon his innocence and seemed to have an excellent alibi. He regretted, therefore, that he had no choice except to go to trial.
"Then," groaned Peckham, "we may as well take the winter for it. After this there's going to be a closed season on Chinamen in New York City!"
Now though it was true that Mock Hen insisted upon his innocence, he had not insisted upon it to Mr. Tutt, for the latter had not seen him. In fact, the old lawyer, recognizing what the law did not, namely that a system devised for the trial and punishment of Occidentals is totally inadequate to cope with the Oriental, calmly went about his affairs, intrusting to Mr. Bonnie Doon of his office the task of interviewing the witnesses furnished by Wong Get. There was but one issue for the jury to pass upon. Quong Lee was dead and his honorable soul was with his illustrious ancestors. He had died from a single blow upon the head, delivered with an iron bar, there present, to be in evidence, marked "Exhibit A." Mock Hen was alleged to have done the deed. Had he? There would be nothing for Mr. Tutt to do but to cross-examine the witnesses and then call such as could testify to Mock's alibi. So he made no preparation at all and dismissed the case from his mind. He had hardly seen a dozen Chinamen in his life—outside of a laundry.
On the morning set for the trial Mr. Tutt, having been delayed by an accident in the Subway, entered the Criminal Courts Building only a moment or two before the call of the calendar. Somewhat preoccupied, he did not notice the numerous Chinamen who dawdled about the entrance or the half dozen who crowded with him into the elevator, but when Pat the elevator man called, "Second floor!—Part One to your right!—Part Two to the left!" and he stepped out into the marble-floored corridor that ran round the inside of the building, he was confronted with an unusual and somewhat ominous spectacle.
The entire hallway on two sides of the building was lined with Chinamen! They sat there motionless as blue-coated images, faces front, their hands in their laps, their legs crossed beneath them. If anyone appeared in the offing a couple of hundred pairs of glinting eyes shifted automatically and followed him until he disappeared, but otherwise no muscle quivered.
"Say," growled Hogan, Judge Bender's private attendant, who was the first to run the gantlet, "those Chinks are enough to give you the Willies! Their eyes scared me to death, sticking me through the back!"
Even dignified Judge Bender himself as he stalked along the hall, preceded by two police officers, was not immune from a slight feeling of uncanniness, and he instinctively drew his robe round his legs that it might not come into contact with those curious slippers with felt soles that protruded across the marble slabs.
"Eyes right!" They had picked him up the instant he stepped out of the private elevator—the four hundred of them. If he turned and looked they were seemingly not watching him, but if he dropped his glance they swung back in a single moment and focused themselves upon him. And every one of them probably had a gun hidden somewhere in his baggy pants! The judge confessed to not liking these foreign homicide cases. You never could tell what might happen or when somebody was going to get the death sign. There was Judge Deasy—he had the whole front of his house blown clean out by a bomb! That had been a close call! And these Chinks—with their secret oaths and rituals—they'd think nothing at all of jabbing a knife into you. He didn't fancy