15.2 “And,why did the child cry?"

“From listening to Mrs. Dibbens’ account, the crowd arrived at about 7:00. Her husband was not at home,” he shrugged, “would be in a few minutes, but several of the men started to meet the defendant. When he

arrived home, the… crowd… kept him out of his home an hour, possibly an hour and a half. Not until he agreed to sign over his claim was he allowed to pass. It was a frigid night.”
“Was not this an unlawful assembly? By what law or authority do twenty-five men go to a man’s house and make threats, deterring him from entering his own home? I know nothing of such a law.”
He looked over his shoulder at Dad, imploring that their eyes follow his.  
“Mr. Dibbens was frightened. He feared that his own life was in jeopardy, and, not desiring to take the law into his own hands, he appealed to the laws of the country for protection. But, unfortunately, in making that appeal, HE was charged with the crime of swearing falsely, which may be punished by confinement for seven years in the state’s prison!”
The room was hushed. No one moved as the attorney continued.
“His wife tells you that they wanted to ‘string her husband up,’ that she saw one man holding a rope. And it is further in evidence that these men threatened to tear down the cabin.”
Mr. Howitt turned and extended his hand, palm up, toward ARJ. ARJ sucked in his breath and held it as every eye focused on him.
“And, why did the child cry if no threats were made to their safety?”
ARJ scooted back in his chair, trembling but not crying this time. Mr. Howitt continued.
“If the idea was to have a friendly talk, why did they not go two or three and tell him calmly of the issue?”
“No.” His voice rose and filled the room. “After nightfall, they go – forty or fifty of them! What woman would NOT be frightened under such circumstances? Or man either?”
At this point, Mr. Howitt went silent. The entire room sat in complete silence.
“Let me repeat for you, fine gentlemen of the jury, the one question you must answer to find Mr. Dibbens not guilty of the crime of perjury.”
“Was the assembling of these parties in such numbers enough to make an ordinary man fear for his own or his family’s safety?”
One final pause and Mr. Howitt walked confidently back and took his seat next to Dad.
Judge Campbell dismissed the crowd to allow the jury space for deliberation.
The crowd exited the courthouse, followed by ARJ, Uncle Albert, Dad, and his lawyers. A deputy closed the door behind them, leaving only the jury inside the courtroom.
Nearby, a reporter sat on the steps of the boardwalk, busily scratching pencil to paper. “Hey!” another man called to him. “Murdock has a new assignment for us. He needs us down at the paper.” The first reporter waved his hand and then went back to writing. “I got to keep writing before I forget Judge Howitt’s words. I’ll be there in a second.”
“Now we wait.” Mr. Howitt told Dad as they stood on the boardwalk.
Dad nodded. “Thank you for your kind words in court this morning.”
“I meant every word of it.”
Mr. Howitt glanced at the hot, midday sun and donned his black felt hat. He nodded at ARJ, Dad, and Uncle Albert, then turned toward his office.