remained awake for most of his second night in the Hotel Parisian as he tried to devise a plan to deal with Caleb Barbour’s treachery. If he went to Justice Tyler, Barbour and Pike would deny his accusation. His word alone would not win the day. Worthy Brown was a witness to Barbour’s dishonesty, but no judge would take a Negro’s word over a white man’s, assuming that Justice Tyler would even listen to Brown. When the sun rose to signal the imminent opening of court, Matthew was still not certain what he would do, but an idea had begun to germinate in his sleep-deprived brain.
The trial in Farber v. Gillette took up the morning session, and the evidence in the land-sale case clearly favored Farber. When both sides rested, Matthew had no doubt that he would win the trial if the jury was untainted. As the plaintiff’s lawyer, Matthew had the honor of giving his closing argument first. Then he was allowed to rebut Barbour when Gillette’s lawyer finished arguing the defense case. In his first appearance before the jury, Matthew reviewed the evidence, establishing for jurors and spectators alike that Glen Farber’s cause was just. He made certain to direct many of his remarks to Otis Pike, whom, he noted with pleasure, would not meet his eye. When he finished his opening argument, he took his seat and waited to see what Caleb Barbour would say.
Though the evidence supported few of his points, Barbour looked supremely confident as he argued Gillette’s position, and there was a swagger in his step when he returned to his client’s side. When Matthew rose for rebuttal, he planted himself directly in front of Otis Pike and addressed the jury.
“Gentlemen, Mr. Farber has relied solely on the evidence to maintain his rights in this case. He has not endeavored to influence your judgment by approaching you secretly.”
Matthew watched with satisfaction as Pike and two other jurors lost color.
“The other side has not acted accordingly. They have not been content that you should weigh only the evidence. They have endeavored to corrupt your minds and pervert your judgments. Although you have sworn to Almighty God to render a verdict according to the evidence, they believe some of you to be so low and debased as to be willing to decide against the evidence for pay and let perjury rest on their souls.”
Matthew paused. Behind him, he heard murmurs and movement in the crowd. The three jurors who had been caught out stirred uneasily. The other jurors looked confused or offended. Matthew pointed at Otis Pike.
“I know you have been approached, Mr. Pike. I know you agreed to accept a bribe on behalf of yourself and other jurors because I sat in the dark by the river behind the inn while you conspired with Caleb Barbour. You didn’t guess that anyone else was privy to your cowardly conversation, but I overheard your foul bargain.”
There was the click of a pistol cocking from the vicinity of the defense table and an answering click from Glen Farber’s gun. Matthew had told Farber about Barbour’s actions and what he planned to do. Farber had come prepared to do violence to protect his lawyer. Matthew turned and faced Barbour, who was on his feet.
“There is no terror for me in your pistol, sir,” Matthew said, though in truth his insides were roiling from fear. “You won’t win your argument by shooting me. You can win in only one way—by showing that you deserve to prevail under the laws of this state. You will never win this case by bribery or threats of violence.”
Justice Tyler slammed the butt of his revolver onto the table several times and shouted for order. Then he pointed his pistol in the direction of both counsel tables.
“Put down your weapons, gentlemen. Remember, you’re in a court of law.”
Barbour hesitated for a moment before holstering his gun. Farber lowered his as soon as he was certain Matthew was safe.
“Mr. Penny has made a serious charge, and we need to settle this matter before
Colin Wilson, Donald Seaman