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American Dramatists Series 
 
 THE ARBITRATORS 
 
 A PL AY I N 
 THREE ACTS BY 
 
 HENRY A. COIT 
 
 BOSTON 
 
 RICHARD G. BADGER 
 
 THE GORHAM PRESS 
 
Copyright, 1921, by Richard G. Badger 
 
 All Rights Reserved 
 
 Y^> 
 .$*** 
 
 ^ 
 
 Made in the United States of America 
 
 The Gorham Press, Boston, U. S. A. 
 
 3>Gi,D 56H51 
 
 *Wt> 1 
 
TO 
 
 THOSE OF MY FELLOW-COUNTRYMEN 
 
 WHO HAVE BEEN CROWDED 
 INTO THE PENAL INSTITUTIONS 
 
 OF THIS LAND OF LIBERTY 
 
 THIS PLAY IS SYMPATHETICALLY 
 
 DEDICATED 
 
THE ARBITRATORS 
 
THE ARBITRATORS 
 
 Characters : 
 
 Martin Kuhns, a mechanic (afterwards, the crim- 
 inal). 
 
 Ann Kuhns, Martin's wife. 
 
 Adolph Kuhns, their son (a lad of ten years). 
 
 Donald Steel, a money lender. 
 
 Milton Brown, a constable. 
 
 "Jim" Cox, another constable. 
 
 Joel Ford, District Attorney of Cosmos County. 
 
 Luther Small, Attorney for Defense. 
 
 Emanuel Black, Judge of Superior Court — 
 Criminal Division. 
 
 Clerk of Court. 
 
 Court Stenographer. 
 
 A Newspaper Reporter. 
 
 Another Newspaper Reporter. 
 
 A Newspaper Photographer. 
 
 A Woman Magazine Writer — looking for "ma- 
 terial." 
 
 Mrs. Everhart, a neighbor of the Kuhns. 
 
 Bailiffs, Deputy Sheriffs, Assistant Prosecuting 
 Attorneys, Court Attaches, Spectators — (men, 
 women, young women and clergymen). 
 
8 
 
 CHARACTERS 
 
 Spirit of Justice, 
 Spirit of Dignity, 
 Spirit of Vulgarity, 
 Spirit of Ambition, 
 Spirit of Wealth, 
 Spirit of Fear of 
 
 Poverty, 
 Spirit of Learning, 
 Spirit of Ignorance, 
 Spirit of Greed, 
 Spirit of Avarice, 
 Spirit of Precedent, 
 Spirit of Pride, 
 Spirit of Humility, 
 Spirit of Hate, 
 Spirit of Revenge. 
 A Grocer, 
 A Butcher, 
 
 A Prosperous Merchant, 
 A Carpenter, 
 A Farmer, 
 A Schoolmaster, 
 A Plumber, 
 A Barber, 
 A Retired Business Man — a 
 
 feeble old man of seventy. 
 A Merchant's Clerk — a youth 
 
 of twenty-three. 
 A Broker, 
 A Banker. 
 
 "FUNDAMENTALS" 
 
 Moving Spirits of Human 
 Passion and Motive. 
 
 . Gentlemen 
 of the Jury. 
 
 Time : Present. About six months elapse between 
 
 the opening scene of Act I and end of Act III. 
 Place: Any modern, civilized community. 
 
DESCRIPTIONS OF PERSONS OF THE 
 PLAY 
 
 Martin Kuhns: A man of thirty-five years; 
 medium height, strongly built and close-knit. 
 Black, curly hair — rather closely cropped; clean 
 shaven and blue eyed. A well cast countenance 
 and pleasant expression. His voice is in the bass 
 register without being gruff. He is dressed 
 throughout the action in a suit of store-made 
 clothes of dark material, — not new, but neat. 
 Wears a soft hat, a soft shirt with turn-down col- 
 lar and a dark four-in-hand scarf. 
 
 Ann Kuhns: Is a woman a few years younger 
 than Martin — about thirty. Is slight without 
 being thin and of medium height. Light brown, 
 straight hair — a little inclining to the blond type. 
 She has regular features and is comely though 
 not what is commonly termed "Pretty." A neat, 
 motherly woman. Quick in her movements and 
 rapid of speech in ordinary conversation — giving 
 the impression of being possessed of an abun- 
 dance of nervous energy and capability. 
 
 Adolph Kuhns: A rather handsome lad of ten 
 years favoring his mother in that he inclines to 
 be slight of build though, like her, strong. Has 
 light brown hair. Is brisk and active — a whole- 
 some, boyish boy. 
 
 The Baby: An infant of less than a year. 
 
io DESCRIPTIONS OF PERSONS 
 
 Donald Steel: A man of fifty. Five feet and 
 ten inches in height and just beginning to grow 
 "portly." His hair is turning gray and he is 
 rather bald. Well dressed in a conventional 
 business suit of fine material, brown in color with 
 a fine white stripe running through it. Carries 
 a brown fedora hat. A turn-down collar and 
 figured silk four-in-hand scarf and diamond scarf 
 pin; tan gloves which he takes off on entering 
 the house, revealing a diamond ring on fourth 
 finger of right hand. He speaks easily and in a 
 brisk, businesslike manner and is quick and busi- 
 nesslike in his action. A heavy, gold watch chain 
 is strung across vest from button to lower left- 
 hand pocket and suspended from chain is an or- 
 nament — evidently the emblem of some secret so- 
 ciety. He is clean shaven. 
 
 Milton Brown: A large, heavily built man of 
 forty years with a heavy dark mustache. Dark 
 clothes — not in very neat order — a soft shirt, 
 four-in-hand tie and a "Stetson" hat — rather old 
 and worn. Speaks awkwardly and in a gruff, 
 heavy voice. Wears a heavy gold watch chain 
 and a heavy gold huntingcase watch which he 
 consults several times during the action. 
 
 "Jim" Cox: Much younger than Brown. Also 
 rather large and awkward. Clean shaven; dark 
 clothes, dark soft shirt, dark scarf, black fedora 
 hat — rather old. Speaks uncertainly and with 
 diffidence. A novice at the business. 
 
 Luther Small: A young man of uncertain age 
 — probably twenty-eight or thirty. Slight in 
 build with blond hair brushed straight back from 
 
DESCRIPTIONS OF PERSONS n 
 
 his forehead. He wears clothes of fashionable 
 cut and pronounced pattern. Carries a new pearl- 
 gray fedora hat and gray suede gloves; tan shoes 
 — well polished — dark figured silk four-in-hand 
 scarf with a jeweled pin. Also seal ring on 
 fourth finger of right hand. A light gold watch 
 chain is strung across his vest between the upper 
 pockets; in the right-hand pocket is a thin model, 
 open-face gold watch which he consults from 
 time to time. At the other end of the gold chain 
 is a gold pencil with which he occasionally makes 
 a memorandum. He speaks in a high-pitched 
 voice with an evident lack of confidence and dur- 
 ing action continually looks to the judge for ap- 
 proval, and defers to Ford. 
 Joel Ford: Forty-five years old. Tall, angular 
 and a trifle stooped. While spare, he is evi- 
 dently a man of great physical strength and is 
 excessively alive, active and vigorous. He is 
 dressed in a conventional business suit of dark 
 material, but not of fashionable cut, and his 
 clothes are in need of pressing — gives the impres- 
 sion of being careless concerning his dress. A 
 heavy seal ring bearing the emblem of some se- 
 cret society adorns the middle finger of his left 
 hand. A heavy gold chain hangs from the top 
 button of his vest to its lower left-hand pocket, 
 and his watch is an old-fashioned gold hunting- 
 case. He has dark brown hair turning gray on 
 the sides, worn rather long and not very neatly 
 brushed as he runs his fingers through it from 
 time to time as the action proceeds. He speaks 
 in a well-modulated, practiced voice pitched in 
 
12 DESCRIPTIONS OF PERSONS 
 
 the middle register, and with ease and confi- 
 dence. He gives the impression of being a pains- 
 taking and efficient public official. 
 
 Emanuel Black: A well preserved, well 
 groomed man of sixty. Thin gray hair and a 
 ruddy face, clean shaven. He is of medium 
 height and proportions. He has clear-cut fea- 
 tures and a rather stern though not unpleasant 
 expression. He speaks with a deep, well modu- 
 lated voice and is impressive in bearing. A 
 scholarly appearing judge and gentleman. 
 
 Clerk of Court: A man of fifty. Rather ex- 
 travagantly dressed. He inclines to be fat. Is 
 clean shaven, black hair closely cropped. Appears 
 slightly dissipated. 
 
 Court Stenographer: A red-headed man of 
 thirty. About five feet and eight inches in height 
 and slender. Dark colored, neat ready-made 
 clothes. 
 
 A Newspaper Reporter: A man of thirty. 
 Clean shaven ; of medium height and build ; wears 
 glasses, rather untidy in appearance and dress. 
 Carries large silver watch with a leather strap 
 in place of chain or fob. 
 
 Another Newspaper Reporter: A young man 
 probably twenty-five. Clean shaven, tall and 
 slender, business suit of dark colored material. 
 
 Woman Magazine Writer : About thirty years 
 of age. Medium height and of good figure. 
 Dressed in tailor-made street dress. Very dark 
 brown hair brushed straight back from her fore- 
 head and coiled at back of neck. Dark, snappy 
 brown eyes, animated in appearance, speech and 
 action — altogether rather attractive. 
 
DESCRIPTIONS OF PERSONS 13 
 
 Mrs. Everhart: An elderly woman with sparse 
 gray hair and wearing gold-rimmed spectacles. 
 Short and stout. Dressed in plain woolen dress 
 of dark color and wears also a plaid shawl. She 
 speaks in a quavering voice. 
 
 Spirit of Justice: Dressed as she is usually pic- 
 tured in loose, flowing robes draped at waist and 
 gathered across the breast and fastened there with 
 a knotted brooch with a single jewel in it — a gar- 
 net. The robes are of a light gray, soft, filmy, 
 clinging material. She is tall and well propor- 
 tioned — a Grecian figure. Wide sleeves which 
 reach but midway between the shoulder and el- 
 bow do not conceal her arms; she is shod in san- 
 dals of untanned leather. Her abundant hair is 
 black and coiled loosely in two large knots — one 
 on either side of the crown — otherwise her head 
 is bare. She has an expansive brow and clearly 
 chiseled nose, a mobile mouth slightly parted lips 
 revealing even, white, strong teeth. She speaks 
 softly with a musical, but plaintive voice except in 
 the jury-room scene, when she is moved to excited 
 action and speech through resentment. Across 
 her eyes is a black bandage of soft material which 
 from time to time she pushes back on her fore- 
 head — apparently in an effort to see. She walks 
 with a decided limp. 
 
 Spirit of Vulgarity: Tall and slender. Dressed 
 in motley of black and red with cap and bells. 
 He carries the fool's wand with the miniature 
 fool's face and head at one end, upon which are 
 fastened a number of small bells that tinkle mer- 
 rily when shaken and as the Spirit of Vulgarity 
 moves about from place to place. He is nimble 
 
H DESCRIPTIONS OF PERSONS 
 
 and airy both in speech and gesture — touching 
 everything lightly; cynically calling attention to 
 this and that, sometimes with mock gravity, 
 sometimes with a rippling laugh. He moves 
 about among the crowd continually, pausing now 
 and then for speech or attitude. 
 
 Spirit of Learning: Is of medium height and 
 build and slow and sedate in movement. He 
 does not speak at all. Wears flowing robes of 
 black and the scholar's square cap — the hat of the 
 student. His hair hangs to his shoulders but is 
 not unkempt. Across the outside hatband of his 
 student's hat is the word "Learning" in white 
 letters. 
 
 Other Spirits: All the Spirits with the excep- 
 tions of Justice, Vulgarity and Learning are 
 clothed alike in loose black robes with hoods of 
 like material attached which completely cover 
 their heads — leaving their faces only visible. The 
 faces of all these Spirits are very pale with the 
 exception of Wealth, whose face is flushed as 
 though with wine. A tight-fitting band of black 
 material encircles the head of each, upon which 
 are printed in white letters the words necessary 
 to indicate the Spirit represented — as, Humility, 
 Wealth, Greed, etc. They all move softly and 
 stealthily. Their voices are insistent and domi- 
 nant though not loud. Fear of Poverty and Hu- 
 mility, however, speak in rather a whimpering or 
 whining tone of voice. 
 
 Jurymen: The jurymen are all men of the usual 
 appearance and dressed in the style and fashion 
 common to men in the several callings and walks 
 of life indicated by their trade or profession. 
 
THE ARBITRATORS 
 
 ACT I 
 
 SCENE I 
 
 Living room of the Kuhns* home. In center of 
 room is round library table of Flemish oak 
 with a few books in cloth bindings, several 
 magazines, newspapers, etc., on it. At front 
 left is a nickel-trimmed base-burner coal stove; 
 a mantel shelf behind and above stove with 
 clock and few ornaments on it. At left 
 against wall is Flemish oak, mission style up- 
 right piano with red plush scarf thrown over 
 top. At center against back wall stands a 
 combined hat-rack and hall bench with look- 
 ing-glass, umbrella stand, etc.; a window on 
 each side of hat rack. Door leading onto a 
 small porch is at right opening off back wall. 
 Through the glass in upper half of the door 
 may be seen some vines denuded of their leaves 
 and in distance some trees also denuded of 
 leaves — a late fall or winter scene. Against 
 right wall stands a book-case with curtained 
 glass doors; a few ornaments on top of book- 
 case. Next to the book-case stands a leather 
 15 
 
;i6 ' THE ARBITRATORS 
 
 covered "lounge." Beside a green plush 
 "Morris" chair stands a wicker work table with 
 a work basket full of stockings and darning 
 materials. A large imitation leather covered 
 arm, chair stands beside library table upon 
 which there is a reading lamp lighted. Door 
 forward to the right leads to the dining-room 
 and kitchen, door rear left leads to sleeping 
 apartments. Green brussels, patterned carpet 
 floor covering; "buckeye" paintings and litho- 
 graphs adorn walls — also enlarged crayon por- 
 traits of Kuhns' mother and father. 
 Adolph is discovered in arm chair reading maga- 
 zine. Ann enters door right. 
 
 Ann (To Adolph) — Hurry, Adolph, and light 
 a fire in the stove. (Looking at clock) It is 
 nearly six and your father will soon be here. 
 
 Adolph — There isn't much coal left, mother, but 
 I got a lot of wood to-day from where they are 
 building. (Picks up coal scuttle from behind stove 
 and goes out through door right. Ann tidies up 
 <ast work basket when a key grates in key-hole of 
 door leading on to porch and Martin enters, hangs 
 hat up on hat-rack. Ann advances to meet him 
 and kisses him.) 
 
 Ann — Ah! father. Is it cold out, dear? 
 
 Martin — (Kisses Ann) — It is blowing up cold. 
 Is the baby asleep ? 
 
 Ann — Yes! 
 
 Adolph (Entering door right with coal scuttle) 
 — Hello, dad! (Puts coal scuttle down' beside door 
 and runs to Martin.) 
 
 Martin (Lifting Adolph up at arms 1 length and 
 
ACT I 17 
 
 looking into his face) — Hello, son! Have you been 
 helping your mother this afternoon like a good lit- 
 tle man? 
 
 Adolph — Yes, dad! I helped in the house — and 
 with the baby — and then you should just see how I 
 cleaned up the yard. I cleaned it up good, and 
 worked hard, too. Why, Mr. Mullen was in and 
 said I could get fifty cents a day doing work like 
 that if I hired out. When school's out I'm going 
 to get a job. 
 
 Ann {Going out door right) — Yes, indeed, 
 father! he has been a good helper all day. 
 
 Martin {Going to door left. To Adolph) — 
 Let's you and I have a peek at the baby! 
 
 Adolph — I got to make the fire. {Picks up coal 
 scuttle and goes to stove. ) 
 
 Martin — All right, son! you get busy while I 
 take a little look. {Goes out door left.) 
 
 Ann {Entering door right with some dishes in 
 her hands) — We had better have supper in here, 
 Adolph, — it will be warmer. You clear the table 
 off and then help me put on the things. 
 
 Adolph — Just a minute! As soon as I get the 
 fire started good. {Busies himself with the fire.) 
 There! I guess it is going now. {Gets up and 
 takes dishes from Ann and begins clearing off li- 
 brary table, etc.) 
 
 Ann {Re-enters door right with a table cloth and 
 some more dishes which Adolph takes from her) — 
 Tell your father supper is about ready — I will bring 
 it right in. 
 
 Adolph {Going to door left, opens it and calls 
 softly) — Father! supper's ready! 
 
 Martin {From behind door) — All right! {En* 
 
18 THE ARBITRATORS 
 
 ters from door left.) Going to have supper in 
 here? That's good — it will be warmer. Jack 
 Frost is out to-night all right. {Pauses.) Wish 
 I could sleep like that baby! Nothing ails her. 
 {Comes over by table.) Here! I will help you. 
 {Goes to table and helps Adolph.) 
 
 Adolph — Gee! I'm hungry! Guess because I 
 worked so hard to-day. 
 
 Martin — So am I, but I didn't work any {pause) 
 I walked a lot, though; that's just the same as far 
 as making an appetite goes, I guess. 
 
 Ann {Entering door right with more dishes and 
 handing them to Adolph) — I will get the coffee, 
 and then we will be all ready. {Goes out door 
 right.) 
 
 Adolph {Still arranging table) — Do you think 
 I could get a job, dad — may I try? 
 
 Martin — Why, you have to go to school. You 
 can't neglect that, you know. You'll have to go 
 to work soon enough! Don't worry about that, 
 son. 
 
 Adolph — But it would help some, wouldn't it, 
 father? You said these were hard times — and I 
 could work in the afternoons after school. 
 
 Martin — Your mother couldn't spare you. You 
 can work at home helping her and help that way. 
 
 Ann {Entering door right with coffee pot) — 
 Come! sit down now while things are hot. {All 
 seat themselves.) This is a good hot supper. My! 
 but prices of everything have gone up — eggs fifty 
 cents a dozen ! 
 
 Adolph — Mr. Mullen's boy is going to the circus 
 to-morrow. I guess it will be a fine show, 
 
ACT I 19 
 
 Martin — You went to the circus last year. They 
 are all about alike. 
 
 Ann — You have to be here to help me, dear. 
 Maybe next year you can go again. There will be 
 plenty of circuses. 
 
 Adolph — If I had a job I could pay my own way. 
 Gee! I wish I did have a job. 
 
 Martin — Maybe when school is out you can get 
 a job, if you want one then, but jobs are hard to 
 find when you want them most — I know they are 
 for mechanics, anyhow. (Turning to Ann) Mr. 
 Crane told me to-day the shops would not be open 
 for a month, but he promised me a job as soon as 
 they start in to work again. 
 
 Ann — What is the matter? I thought they were 
 going to open next week. 
 
 Martin — Well, they are making some repairs; 
 and, then, I guess they have other reasons. Mr. 
 Crane didn't say anything about it except that it 
 would be thirty days before they started in again. 
 (Martin finishes his coffee, carefully wipes his 
 mouth and folds napkin. Adolph leaves his seat, 
 goes to stove and taking coal scuttle goes out door 
 right.) I wish we could let the little fellow go to 
 the circus. Circuses mean a lot to boys. 
 
 Ann — Never mind! He went last year, and 
 maybe he can see the parade to-morrow — that's al- 
 most as good. (Pauses.) I hardly know what I 
 would do without him to help — with the baby, and 
 all. The teacher says he's real bright, too. I do 
 want to give him a good education. 
 
 Martin — Yes! Education is a great thing. It 
 helps a man a lot. I never got much — just reading 
 
ao THE ARBITRATORS 
 
 and writing and simple arithmetic, and I had to go 
 to work pretty early ; but I'm like you — I want the 
 children to get all there is — music, and everything. 
 Especially music for the baby — it is great for girls. 
 
 Ann — You may not have much book education 
 like they give at schools, but you have your trade, 
 that in a way is education. 
 
 Martin — Maybe, but it don't help us much now; 
 anyhow, I can't get a job at it. Not until the shops 
 open again. I have been trying all day for some- 
 thing else, but there ain't much else I can do out- 
 side my trade. 
 
 Adolph Entering door right with coal scuttle) 
 — Gee! it's cold out! Bet it is freezing. (Puts 
 coal scuttle down by stove and stands warming him- 
 self.) 
 
 Ann — Yes! the winter is here! 
 
 Martin (To Adolph) — Better run along to 
 your books now, son. I will look after the fire. 
 
 Adolph (To Martin)— All right, dad! (TV 
 Ann and Martin) Good night! I am sleepy, 
 too, so I won't study long. (Kisses Ann and 
 Martin. ) 
 
 Ann — Good night! Mind, don't make a noise 
 and wake the baby! (Adolph exits door left, clos- 
 ing it behind him.) 
 
 Martin — I hardly have the nerve to tell you, — 
 but I guess I have to let you know just how we are 
 fixed. 
 
 Ann — What is it? You know I always want to 
 share, good or bad. 
 
 Martin — That's just what makes it so hard — 
 you are so good and willing to do your share, — and 
 mine, too. Well, I had hard luck again to-day, 
 
ACT I 21 
 
 Can't find a job at anything anywhere, and we 
 are down to our last cent — and turning cold, too, 
 which makes it worse. I gave you the last dollar 
 I had this morning; I have just twenty cents in 
 my pocket and no job in sight for a month yet — 
 not until the shops open. Of course I will keep 
 trying for something, but it don't seem to be in the 
 cards. What are we to do ? 
 
 Ann — I don't know, Martin! but we will man- 
 age somehow — there will be a way. I know you 
 are doing your best — you can't be blamed. {A 
 pause.) There's Ned Piatt! You loaned him some 
 money while his little girl was so sick; maybe he 
 could pay you back now when we need it! 
 
 Martin — No! Ned's as bad off as we are. He 
 has no job, either, and he spent all he had and all 
 he could borrow on doctors and medicines. You 
 see, I've been out of work for three months now 
 and all we had saved we paid on our house con- 
 tract. I never thought the shops would be shut 
 down for more than a couple of weeks — that's what 
 they told us — and they keep telling us they will 
 open soon. Mr. Crane told me to-day they would 
 open in thirty days, but what are we going to do till 
 then? How are we going to get by till the shops 
 open ? 
 
 Ann — Of course, we've got to have some money. 
 We can't get any more credit at the grocery — he 
 asked me for what we owe him again to-day. He 
 wasn't mean about it, but lots of people owe him 
 money and he says he can't afford to have so much 
 standing out — I can't ask him to trust us for any 
 more. 
 
 Martin — I've been thinking how we can get a lit- 
 
22 THE ARBITRATORS 
 
 tie money — just enough to get by on — and I can 
 only find one way and that I am almost afraid 
 to do. 
 
 Ann — What is it? We must do something — I 
 might find work somewhere. 
 
 Martin — No! that won't do. And besides, you 
 would have a hard time finding anything you could 
 do, and then, what you must do first is to look after 
 the baby — who would take care of her? No! I 
 couldn't stand it to have you working to support my 
 family, even if you could get anything. 
 
 Ann — But it is not your fault that the shops are 
 closed — everybody knows that. 
 
 Martin {After a pause gets up from chair and 
 puts some coal on stove) — How is the coal holding 
 out — got any left? 
 
 Ann — It's about all gone. We only got a little, 
 you know, and I have to keep a fire most of the time 
 now on account of the cold weather and the baby. 
 {Baby is heard to cry in next room.) There! I 
 think I hear her crying now; I will go and see. 
 {Goes out door left.) 
 
 Martin {To himself) — It's Hell! {Gets up and 
 stands with back to stove warming himself.) I 
 can't help feeling, somehow, it's my fault, though I 
 try hard enough, God knows! {Pause.) I guess 
 it's just in the cards. 
 
 Ann {Enters door left, carrying baby wrapped 
 in shawl) — She seems a bit restless; I will hold her 
 out here for a little while. {Takes rocking chair 
 which Martin draws up by stove for her and 
 gently rocks the baby.) 
 
 Martin — We are in luck to have such good, 
 healthy children! Think of poor Ned Piatt, with 
 
ACT I 23 
 
 all the sickness he's had as well as being out of 
 work! {Pause.) Ann, there is just one thing left 
 for us to do to get a little money to tide us over, 
 and that is to borrow some money on our furniture; 
 {hesitating) we could soon pay it off again, after 
 I go back to work, and it is the only thing left we 
 can do. 
 
 Ann {Dismayed) — That would surely bring us 
 trouble. Look at poor Mrs. Everhart! She bor- 
 rowed some on her furniture and she lost it. If it 
 had not been for her brother who lives in Mis- 
 souri, goodness knows what she would have done. 
 He helped her out. {Pause.) No! I would never 
 feel easy if we did that. 
 
 Martin — Well! Maybe there was some reason 
 for Mrs. Everhart's trouble. Perhaps she got in 
 with a dishonest man. 
 
 Ann — They are all dishonest at heart — these 
 money lenders — going around lending money on 
 poor people's furniture and the like. 
 
 Martin — I hardly think that is so; and, besides, 
 what else can a poor person do when they are up 
 against it like we are? You can't borrow money 
 without security, especially when you are out of a 
 job ; and this furniture is about all we have that we 
 could give as security. Then the law protects us 
 against any tricks — that's what the laws are for. 
 {Pause. ) I stopped in to see a man to-day who had 
 an ad. in the paper. He seemed like a nice man 
 and said he guessed he could fix us up if we wanted 
 to borrow on our furniture. He says lots of peo- 
 ple are borrowing these times. 
 
 Ann — What was his name? I wonder if he is 
 the same man who lent Mrs. Everhart that time ! 
 
24 THE ARBITRATORS 
 
 Martin — Steel! Donald Steel — he has an office 
 in the Trust Building. 
 
 Ann — That was not the name of the man Mrs. 
 Everhart had trouble with. 
 
 Martin — Anyhow, it is not his own money he 
 lends — he is only an agent. Wait until you see him 
 — I am sure you will think he is all right; besides, 
 it is the only thing we can do now. I have no 
 place else to turn for help, and we must get enough 
 to get along on till I get work again. Perhaps we 
 can pay him off in a month or two — he makes easy 
 terms — we can pay a little at a time, or all at once ; 
 he makes it easy for the borrower — all he wants is 
 the money back and interest. He said he would 
 come out to look at the furniture in the morning and 
 then let us know if he will lend us or not. He 
 seemed real anxious to accommodate us. 
 
 Ann — Maybe it will be all right, but I don't like 
 the idea — somehow it makes me feel uneasy — but I 
 suppose there is no other way now — we certainly 
 must have some money. 
 
 Martin — I am sure it will be all right. {Pause.) 
 We will both have to sign the papers — that is if he 
 loans us at all. 
 
 Ann — Yes, I suppose so. How much money will 
 we get? 
 
 Martin — Oh! I don't know — I hadn't thought 
 of that; not much — we don't want much — just 
 enough to get by on. The less the better. 
 
 Adolph {Enters door left clad in night-gown — 
 evidently just awakened from sleep) — I've had an 
 awful dream — I went to bed and fell asleep, and 
 then the dream woke me up. {Shivers and ad- 
 vances to Martin who takes him up on his lap.) 
 
ACT I 25 
 
 Martin — This will never do — back to bed with 
 you, young man, never mind about the dream. 
 
 Adolph — Let me stay out here with you just a 
 few minutes. It was a terrible dream I had. 
 
 Ann — What was your dream — tell mother? 
 
 Adolph — I can't exactly tell — only it frightened 
 me. First there was a great crowd of people all 
 running about and then it got dark and when the 
 light came again something of mine — I don't know 
 what — was gone — just like you or father had gone 
 away. I was frightened and cried in my sleep and 
 then I woke up and heard you and father talking 
 and came out here. 
 
 Ann — Nonsense! We are right here. It must 
 have been the pie you ate for your dessert to-night 
 — it was pretty rich. Come! We have all had a 
 hard day — we will all go to bed. (Ann gets up 
 with baby and followed by Adolph passes out door 
 left. Turns to Martin at door.) You fix the 
 stove and lock up, Martin, I will attend to these 
 youngsters. 
 
 Martin — All right! I will be in as soon as I 
 have locked up. (To himself.) I don't like the 
 idea — this borrowing money — any better than she 
 does. (Goes to stove and stands looking into it.) 
 She is so game and good; it makes me feel like I 
 was a failure, but I really don't see how I am to 
 blame — I try hard enough and, God knows, I am 
 not lazy. It is just an opportunity to work I want. 
 (Fixes dampers in stove.) Maybe it will be all 
 right — I guess the shops will be open in a month and 
 then I will have a job. (Turns off lights as cur- 
 tain descends on end of Scene I.) 
 
 CURTAIN 
 
SCENE II 
 
 Same as Scene /, Act I. The morning following. 
 Adolph is discovered at stove taking up ashes. 
 
 Martin (Enters ftom door right with baby in his 
 arms. Looks at clock as it strikes eight.) Hurry, 
 son, if you want to be in time for your school. 
 Never mind about fixing the fire; your mother says 
 she won't need it this morning — it has turned off so 
 bright and warm. 
 
 Adolph — I have plenty of time. I only have to 
 take these ashes out. (He works at stove.) The 
 boys are going to ask the teacher to let us out this 
 morning to see the circus parade. It goes down' 
 Market Street. I hope he will let us go. 
 
 Martin — I guess he will. That will be as good 
 as seeing the circus — almost. (Adolph hurries out 
 door right with coal scuttle; Martin rocks the 
 baby gently in his arms.) There! There! just; 
 stay asleep a bit longer ! Your mother will be here 
 in a minute with your breakfast. Babies like you 
 don't know much about circuses, I guess — or do 
 you! You look mighty wise and knowin' about 
 something. 
 
 Ann (Enters door left) — Here it is after eight 
 o'clock already. That man will be here any min- 
 ute now, I suppose, and the house is not near in or- 
 der yet. Put the baby in her crib and give her this 
 26 
 
ACT I 27 
 
 {exhibiting bottle of milk) while I straighten up. 
 (Martin takes bottle and exits door left with 
 baby.) 
 
 Martin (From door) — All right! I'll feed this 
 baby — she is sleepy, too. 
 
 Ann (Entering door right, to Adolph) — Hurry 
 up now, Adolph, or you will be late. (Busies her- 
 self tidying up at center table.) Run along and 
 wash your face and hands and brush up — you must 
 be off. 
 
 Adolph — I have plenty of time. Do you want 
 me to stop and order some coal? — there is only a 
 couple of scuttlefuls left in the bin. 
 
 Ann — No, dear! your father will see about it. 
 Run along now. 
 
 Adolph — All right! (Pauses, hesitating.) I hope 
 the teacher will let us out to see the parade. 
 {Pauses, hesitates; Ann looks up at him enquir- 
 ingly.) May I have ten cents, mother? 
 
 Martin (Enters door left in time to hear 
 Adolph's request.) Here, son! here is a dime. 
 (Reaches in pocket and hands Adolph ten cent 
 piece. ) Now hustle ! 
 
 Adolph (Putting dime in pocket) — Oh! thanks, 
 father! (Exits door left.) 
 
 Ann — He didn't need that, Martin! (expostu- 
 lating) — especially when we are in our fix. 
 
 Martin — Oh ! that little won't make or break us 
 — and I think we will get our money from Mr. 
 Steel. The boy don't have very much to spend and 
 he will want that for peanuts if he goes to the 
 circus parade. (An automobile is heard to stop 
 outside.) 
 
 Ann- — There! that must be that man now! 
 
28 THE ARBITRATORS 
 
 Martin — I will go see. (Steps towards door.) 
 You better go in the other room till after I let him 
 in. (A step is heard on steps outside door leading 
 to porch.) 
 
 Ann — Yes! I want to brush up a bit. 
 
 Martin (Opens door and speaks to Steel who is 
 about to ring bell) — Good morning, Mr. Steel! 
 Step in! (Stands aside as Steel enters.) 
 
 Steel (Taking off hat and gloves) — Good morn- 
 ing, Mr. Kuhns ! It is a real spring-like day ! 
 
 Martin — Yes, and I am glad of it. I don't like 
 the cold weather we have been having. 
 
 Steel (Turns from hat-rack where he has depos- 
 ited his hat and gloves) — We will get plenty more 
 cold weather before winter is over, I expect. 
 (Shakes hands with Martin.) 
 
 Ann (Enters door left with baby in arms) — 
 Martin ! , 
 
 Martin (Turning to Ann) — Ann, this is Mr. 
 Steel. (Turning to Steel.) Mr. Steel, this is my 
 wife. 
 
 Ann — Good morning, Mr. Steel! (Steps for- 
 ward as though to shake hands but hesitates, mov- 
 ing baby from one arm to other.) Excuse me for 
 not shaking hands, Mr. Steel. 
 
 Steel (To Ann) — Ah ! I see the baby; you have 
 your hands full — no apologies necessary! 
 
 Ann (To Steel) — I suppose you wanted to look 
 around? It is early and the house is hardly 
 straightened up yet — you will have to excuse it. 
 
 Steel (To Ann) — No apologies! (To both 
 Ann and Martin.) I am an early caller. Quite 
 a habit of mine; "early and often" — that is my 
 motto. (Looking around critically.) What a 
 
ACT I 29 
 
 charming little home you have here, Mrs. Kuhns! 
 Everything so cozy and comfortable! 
 
 Adolph {Entering door left with hair neatly 
 brushed, cap in hand and a number of school books 
 under his arm. He is going impulsively to his 
 mother when he notices Steel and hesitates, steps 
 backward as though he Would retreat, then stands 
 irresolutely in doorway) — Excuse me! 
 
 Ann (Looking first at Adolph, then at Steel) 
 — Mr. Steel, this is our boy, Adolph! 
 
 Steel — A fine young man ! (To Adolph.) Go- 
 ing to the circus to-day, I suppose? 
 
 Adolph (Still hesitating, bashfully) — No — sir! 
 Not to-day. 
 
 Martin — He is going to the parade, though, if the 
 teacher will let the boys off. ( To Adolph. ) Now 
 hurry along, son, or you will be late. 
 
 Adolph — All right, dad! I have plenty of time. 
 Good-bye, mother ; good-bye, dad ! (Passes out 
 door leading to porch carefully avoiding Steel.) 
 
 Steel — A fine boy! And the baby! Are they 
 your only children, Mrs. Kuhns? 
 
 Ann — Yes, that is all. (All have been stand- 
 ing; Ann motions Steel to a chair.) Won't you 
 sit down, Mr. Steel? 
 
 Steel (To Ann) — No, thank you! (To Ann 
 and Martin.) I have but a few moments to stop, 
 so let us look around a little. ( To Ann. ) A very 
 nice home you have here! (To Martin.) Do 
 you own it or rent it? 
 
 Martin — We are buying it on installments. We 
 haven't got a title yet, but we have kept up our 
 payments — so far. 
 
 Steel — Ah! I see! It is certainly nice and cozy. 
 
3 o THE ARBITRATORS 
 
 A fine thing to own a home. I am a great believer 
 in the home — everyone should own his own home. 
 {During dialogue Steel has been looking critically 
 around room.) Now, if you do not mind, I will 
 make a few memorandums. {Takes a memo, book 
 and pencil out of pocket.) Piano! — Flemish oak 
 finish, mission style {writes in memo, book as he 
 calls off various articles) ; nickel-trimmed base- 
 burner; imitation leather covered arm chair — oak; 
 clock — eight-day mantel; settee 
 
 Ann {To Steel) — Excuse me, Mr. Steel! I 
 have some housework to do yet and the baby to look 
 after. {To Martin.) If you need me, Martin, 
 call me. {Exits door left.) 
 
 Martin {To Ann) — All right! I will call you. 
 {To Steel.) This is all good furniture, Mr. Steel. 
 I paid good prices for it and Mrs. Kuhns is a good 
 housekeeper and careful of everything, so it is in 
 good condition and good as new. 
 
 Steel {Still writing in memo, book) — It is fair, 
 fair! {Looks around room.) But no furniture is 
 new after it once leaves the store no matter what 
 its condition, and second-hand furniture don't bring 
 much these times. {Pause as Steel writes.) Aw- 
 ful profit made on furniture ! These furniture peo- 
 ple are robbers — robbers! Now, that chair! {in- 
 dicating large arm chair) I suppose they charged 
 you as much as thirty dollars for that chair! eh! 
 
 Martin — Thirty dollars! yes, indeed, and then 
 some! I paid fifty dollars for it, and the man told 
 me it was cheap at the price — a bargain. 
 
 Steel — That's just it ! They will tell you any- 
 thing to make a sale. That chair probably cost at 
 most twelve dollars — wholesale. 
 
ACT I 31 
 
 Martin — I don't see how they can make one for 
 that — leather and all. 
 
 Steel — That is not leather — it is imitation, though 
 I dare say they told you it was genuine. {Makes 
 some further memoranda in memo, book.) I am 
 through in this room, may I step into the next one? 
 
 Martin — Certainly! just step this way. {Indi- 
 cates door right.) This is the dining-room and 
 the kitchen is beyond. (Steel exits door right; 
 Martin stands in doorway.) 
 
 Steel {From adjoining room) — Dining-room 
 table — oak; sideboard — oak; set of dishes 
 
 Martin {To himself) — He seems to be making a 
 complete list. {To Steel.) You may step into 
 the kitchen next, Mr. Steel. My wife is in there. 
 (Martin turns to center table. To himself) I 
 wonder what he thinks of it ! {Pause.) He don't 
 value it very high if all his figures are like what 
 he said about this chair {putting hand on arm 
 chair) . 
 
 Steel {Entering door right) — I guess that will 
 do for those rooms — now the bedrooms. 
 
 Martin — This way! {Leads way to door left, 
 which he opens, permitting Steel to pass through 
 —^Martin fottoius.) 
 
 * 'Ann {Enters door right) — Well, thank goodness ! 
 the baby is safe asleep all bundled up on a chair in 
 the kitchen. I wish that man would get through 
 and out of the house. {Sits down in arm chair at 
 center table.) I can't get anything done with him 
 here. {Pause.) Adolph seemed kind of afraid of 
 him — didn't like him any better than I do, I guess. 
 {Gets up and goes over by work table and picking 
 up work basket begins to sort out the stockingsj 
 
32 THE ARBITRATORS 
 
 etc.) Every one of these need mending — I don't 
 see how I will ever get it all done. {Pause.) I 
 never saw Adolph act so queer with strangers be- 
 fore — he is not usually bashful like that — he acted 
 as if he saw a ghost. 
 
 Steel {Enters door left, Martin following) — 
 Well, that will be about all, Mr. Kuhns. {No- 
 tices Ann.) A very comfortable home, Mrs. 
 Kuhns! I must congratulate you on your good 
 housekeeping. 
 
 Ann {To Steel) — Our home is not very large, 
 but it is big enough to give me plenty to do — the 
 baby takes a lot of time. {Pause.) It is com- 
 fortable, though. 
 
 Steel {To Ann) — You have some very nice 
 things here — must be quite fond of them — had them 
 so long, you know. 
 
 Ann {To Steel) — Yes, I am fond of them — 
 they are mostly the things we had when we got 
 married; they seem almost like they were human 
 — some of them. 
 
 Steel {To Ann) — I know how that is. Mrs. 
 Steel has some old pieces she treats as though they 
 were alive, at least had feelings — we have no chil- 
 dren. {Turning to Martin) How much 
 money were you wanting, Mr. Kuhns? 
 
 Martin {To Ann) — Well, what do you think? 
 {To Steel.) We hadn't fixed on any amount. 
 We just wanted to get enough to kind o' tide over 
 till the shops open — they will be open again in a 
 month, then we figured on paying it off. 
 
 Steel — Yes ! very likely ! — I guess there will be 
 no trouble about that. Now, about what amount 
 do you think you can get along on? 
 
ACT I 33 
 
 Ann (To Martin) — You know we owe a lit- 
 tle, and the baby needs some things — and Adolph. 
 I don't know just what to say. 
 
 Steel — Could you get along on, say, seventy-five 
 dollars ? 
 
 Ann (Ann looks at Martin and shakes head in 
 negative} — I don't know, whatever my husband 
 says. 
 
 Martin (To Steel) — Well, I was thinking a 
 hundred and fifty would about see us through, and 
 the furniture is good for it, even if I wasn't going 
 to work again next month — and then we can pay 
 it off. You said yesterday we could pay it off any 
 time! 
 
 Steel {To Martin) — Certainly! We will al- 
 ways take the money — glad to get it these times, 
 but I couldn't go quite as strong as a hundred and 
 fifty. You see I am only the agent for the people 
 who have the money, and my clients are mighty 
 careful these times — of course, you can't blame 
 them, either. I think I could get you a hundred. 
 
 Martin — Well, if that is the best you can do, I 
 suppose we can get along on a hundred, though it 
 ain't much — the shops will sure be open in a month 
 and then we will be all right, anyhow. 
 
 Steel (To Ann) — What do you say to that, Mrs. 
 Kuhns ? 
 
 Ann (To Steel) — Whatever my husband says. 
 
 Steel — I guess that settles it. I see there is har- 
 mony in this household. I am a great believer in 
 harmony in the home. (Taking some papers from 
 inside pocket.) I have a blank mortgage here and 
 if you will let me sit down there at your table I 
 will fill it in from my memoranda and we can close 
 
34 THE ARBITRATORS 
 
 this matter up right now. I have a young man 
 waiting out in the machine who is a notary and he 
 will take your acknowledgments, and then Mr. 
 Kuhns can come down with me to the Court House 
 where I will record the mortgage and then hand 
 him the money. 
 
 Martin {Surprised) — Do you have to record it? 
 
 Steel (To Martin in off-hand manner) — 
 Merely a matter of form — my clients are particu- 
 lar about the little trifles. 
 
 Martin (To Ann) — I guess that is all right — it 
 has to be recorded to make it legal. Mr. Steel said 
 it would be all right and fair, and we will depend 
 on him. You get Mr. Steel a pen and ink. 
 
 Steel (As Ann starts to get ink out of table 
 drawer) — Never mind — I always carry a fountain 
 pen. (To Martin) It will be all right, Mr. 
 Kuhns, don't worry about it. I will take the money 
 any time it is convenient and my terms are liberal; 
 all I want is my money back and the interest. 
 
 Martin (To Steel) — All right! Sit right down 
 at the table and fix it up. We will be more anx- 
 ious to pay it off than you will be to get the money, 
 I guess — and it will be the first thing we do after 
 I go back to work next month. 
 
 Ann (The baby is heard to cry) — I hear the 
 baby ! Excuse me! (She starts for door right.) 
 
 Steel (To Ann) — Just a minute, Mrs. Kuhns! 
 Your first name is Ann! Any middle name? 
 
 Ann — No! just Ann. (Ann hurries out door 
 right.) 
 
 Steel — How about you, Mr. Kuhns? 
 
 Martin — Just Martin Kuhns ! (Spells.) M-a-r- 
 t-i-n K-u-h-n-s. 
 
ACT I 35 
 
 Steel — That is all. I will have this fixed up in 
 a few minutes, then we can go. {Spreads chattel 
 mortgage out in front of him and begins to fill it in, 
 from memo, book.) 
 
 Martin — Excuse me, while you fix that up — 
 maybe I can help my wife. (Exits door left.) 
 
 Steel (Meditatively) — Not a bad bargain (sur- 
 veys the room critically) at a hundred dollars! The 
 shops will not be open for six months — poor boob! 
 (As Steel continues writing curtain descends on 
 end of Scene II.) 
 
 CURTAIN 
 
SCENE III 
 
 Same as Scenes I and II, Act I. Ninety days have 
 elapsed between close of Scene II and opening 
 of Scene III. It is about eight-thirty in the 
 morning. The front door and both windows 
 rear are open — bright morning of early Spring. 
 The screen door leading on to porch is closed. 
 As curtain rises front door bell rings; two men 
 — Milton Brown and "Jim" Cox — are seen 
 standing on the front porch. 
 
 Ann {Entering from door left) — I wonder who 
 that can be! {Goes to door.) 
 
 Milton Brown {To Ann from porch) — Is this 
 where Martin Kuhns lives? 
 
 Ann — Yes! 
 
 Milton Brown — Is he at home? 
 
 Ann — Yes! do you want to see him? 
 
 Milton Brown — Are you his wife? 
 
 Ann — Yes! Wait a minute — I will call Mr. 
 Kuhns. {Turns and goes to door left; Adolph 
 comes out door left as Ann reaches it with his books 
 under his arm. To Adolph) You run along now, 
 dear, you will have just time to get to school. 
 {Kisses Adolph.) 
 
 Adolph — Good-bye, mother! {Goes to door and 
 as he opens screen, Brown and Cox step in and 
 stand just within the threshold.) 
 36 
 
ACT I 37 
 
 Cox {To Adolph) — Hello! young man — are 
 you going to school? 
 
 Adolph — Yes ! and I have to hurry, too. Do you 
 want to see father? 
 
 Cox — Yes ! Is he at home ? 
 
 Adolph — He is shaving — he will be here in a 
 minute. 
 
 Ann {Enters door left; sees Adolph talking 
 with Brown and Cox) — Here, Adolph, you hurry 
 along — it is nearly nine o'clock. 
 
 Adolph — All right, mother! Good-bye! {Goes 
 out door and down steps.) 
 
 Ann {To Brown and Cox) — Mr. Kuhns will 
 be right here. (Martin enters door left.) 
 
 Cox {In an undertone to Brown) — This is 
 damned mean business — that's what I call it. 
 
 Brown {Same) — We can only follow orders. 
 Here he is now! 
 
 Martin {Steps up to Brown and Cox — Ann 
 stands beside Milton) — Did you want to see me? 
 
 Brown — Are you Martin Kuhns? {All advance 
 to middle of room.) 
 
 Martin — Yes! that's my name. What do you 
 want with me? 
 
 Brown {Reaching into pocket and taking out le- 
 gal document) — I have a little paper here for you 
 — {hands a writ of replevin to Martin) — and for 
 you, too, ma'am — {handing copy of same instrument 
 to Ann). I am a constable and from the Sheriff's 
 office. The Sheriff gave me these to serve. 
 
 Ann {To Martin)— Oh! Martin! What is 
 this? What does it mean? 
 
 Martin {To Brown and Cox) — What is it? — 
 I don't understand ! 
 
38 THE ARBITRATORS 
 
 Brown — That's a writ of replevin on these goods 
 (indicating furniture) — this furniture — you can see 
 what it says there in the paper. 
 
 Martin — But I don't understand. (Reads la- 
 boriously.) 
 
 Ann (Turning to Brown and Cox) — Oh! what 
 does it mean? — I can't understand it. (Cox 
 shakes his head and goes over to window and stands 
 with back turned to group looking out.) What has 
 happened ? 
 
 Brown — Well, I guess your husband and you have 
 been sued on a mortgage on this furniture here, and 
 we have come to get the stuff — unless you can 
 pay the money. 
 
 Martin (To Ann) — This is about the mortgage 
 we gave Mr. Steel, but I don't just understand. 
 This says we are to pay one hundred and fifty dol- 
 lars and costs. (Turns to Brown) We only 
 got one hundred dollars. 
 
 Brown — We don't know anything about that. 
 All we know is that the Sheriff gave us these papers 
 to serve and told us to get the money or take the 
 stuff. We have a wagon waiting outside. 
 
 Ann — But surely there is some mistake — Mr. 
 Steel wouldn't send you here to take our furni- 
 ture. 
 
 Brown — I guess there is no mistake. You have 
 been sued all right by Donald Steel. That paper 
 calls for one hundred and fifty dollars and the 
 costs — and if you can't pay the money, we will have 
 to take the goods. 
 
 Martin — But we didn't get one hundred and 
 fifty dollars. 
 
 Brown — Maybe you can settle that in Court; 
 
ACT I 39 
 
 you can't settle it here with us except by paying the 
 full amount the writ calls for and the costs. 
 
 Martin — How much time have we got to fix this 
 up some way? — give me time to see Mr. Steel — I 
 am sure there must be some mistake. 
 
 Brown — We can't give you any time — we can't 
 wait on you. If you have any fixing to do, do it 
 afterwards with Steel. We want the money or the 
 stuff now. 
 
 Ann — But we have no money — now; can't you 
 give us a chance? 
 
 Cox {Turning to group) — Perhaps Mr. Kuhns 
 could telephone to Mr. Steel — that wouldn't take 
 long. 
 
 Martin {To Brown) — I will have to run down 
 to the drug store — can you wait that long? 
 
 Brown {Gruffly) — Go ahead! We can't get it 
 all loaded by the time you get back and if Steel says 
 to lay off, and we get paid for our time and service 
 of the writs, we don't care. It's none of our busi- 
 ness. 
 
 Cox {As Martin gets hat from hat-rack) — 
 Wait! I think this is Steel coming now in that 
 machine. {Automobile is heard to stop outside.) 
 
 Martin {Stepping to door and looking out) — - 
 Yes ! that's him. I guess it will be all right now. 
 
 Steel {Coming up steps; from outside) — Good 
 morning, Mr. Kuhns! {Enters door brushing past 
 Martin ; sees Ann, who has taken seat dejectedly 
 on "lounge") Good morning, Mrs. Kuhns! 
 
 Ann — Good morning, Mr. Steel! {Baby is 
 heard to cry in adjoining room.) My! there is 
 the baby — I thought she was asleep. {Exits door 
 left.) 
 
4 o THE ARBITRATORS 
 
 Martin — Well, Mr. Steel, what does this mean? 
 {Holding out writ.) I never heard anything about 
 this till these two men came a few minutes ago. 
 
 Steel {Rather gruffly) — You can read, can't you? 
 
 Martin — Yes, but 
 
 Steel {Interrupting) — Well, read it! It is plain 
 enough. 
 
 Martin — But I have read it, and I don't under- 
 stand 
 
 Steel {Interrupting) — It simply means that you 
 have not paid your notes nor the interest, and we 
 have had to sue you under the terms of our chattel 
 mortgage. Now, we want the money, or we will 
 have to take the goods. 
 
 Martin — But we can't pay it just now — you know 
 that. You know how hard it has been for me — I 
 went and told you last month — and how the shops 
 hadn't opened yet. But I will pay it — just give me 
 a little more time — that is all I ask. 
 
 Steel — You have had time enough, Mr. Kuhns, 
 and now we want the money or the goods. 
 
 Martin — But, Mr. Steel 
 
 Steel {Interrupting) — I don't want to hear any 
 excuses or idle promises — I hear enough of them. 
 
 Martin — I don't believe the law will let you do 
 anything like this — you can't take our furniture like 
 this! Why this list {reading from writ) takes 
 everything — even our beds — why, even the baby's 
 crib! (Ann enters from door left with baby in 
 her arms in time to hear Martin's statement. She 
 stands in doorway.) 
 
 Steel {Gruffly) — Can't we, though! You just 
 watch us ! Read that paper in your hand — there is 
 a copy of the mortgage in it — and you will see that 
 
ACT I 41 
 
 we have the right to take the goods at any time 
 when either principal or interest are behind. It 
 is the regular, ordinary, legal form of chattel mort- 
 gage. You have not paid me a cent of interest or 
 principal for two months. 
 
 Martin — But this says a hundred and fifty dol- 
 lars. You only gave us a hundred. You remem- 
 ber, we wanted a hundred and fifty, but you said 
 a hundred was all you would lend. Why! these 
 goods are worth ten times the amount. 
 
 Steel — We won't argue about that — read what 
 the mortgage says, it is perfectly plain. You for- 
 get my commission, bonus, the cost of making out 
 the papers, recording, notary's fees and all that. 
 
 Ann {From doorway where she has been listen- 
 ing) — Give us a little time, Mr. Steel. We will 
 pay it somehow. 
 
 Steel — You had better let your husband attend to 
 this, Mrs. Kuhns — I do not care to deal with 
 women. 
 
 Martin — You seemed willing enough when you 
 had her sign the mortgage. 
 
 Cox (To Brown in undertone) — This is 
 damned mean business — that's what I call it. 
 
 Brown (Same — to Cox) — What is it to us! 
 Let them fight it out; we are here to do our duty 
 according to law, not to "butt in." 
 
 Steel (To Martin) — I won't argue with you 
 — I have wasted enough time on you as it is. To 
 constables.) Here! move this room first! 
 
 Ann (To Brown and Cox) — Surely, you won't 
 take our furniture! 
 
 Brown — The law's the law — we can't help it. 
 
 Cox (To Ann) — I don't like this myself, ma'am, 
 
42 THE ARBITRATORS 
 
 but I guess we can't do anything for you. (Both 
 Brown and Cox turn and begin to move orna- 
 ments from top of piano.) 
 
 Steel (To constables) — Now, be careful! 
 Don't scratch any of this stuff. 
 
 Martin (Who has been standing with bowed 
 head, suddenly straightens up and steps quickly to 
 the door) — Not by a damned sight! You don't 
 move a stick of this stuff. You may be in your 
 right — it may be lawful, but it is not fair — it is not 
 honest — it is not right. (Brown and Cox pause 
 in their work and turn to Steel for directions.) 
 
 Steel (To constables) — Come on here! I 
 haven't all day to spend at this. 
 
 Martin (Stepping between piano and door) — 
 Drop that, I say. Not a stick! (Brown and 
 Cox drop their hold on piano which they have 
 started to move.) I will settle this with this man 
 here. (Indicating Steel.) 
 
 Ann (To Martin)— Oh! Martin, don't! We 
 have trouble enough now! 
 
 Martin (To Ann) — This is my business. You 
 had better take the baby and step into the other 
 room. (Brown and Cox again pause in their 
 work, and again turn to Steel for instructions.) 
 
 Steel (Losing temper and speaking angrily) — 
 If you two boobs are afraid of this dead beat, I am 
 not. I've seen his kind before. (Starts to enter 
 house from porch.) 
 
 Martin (Pushing Steel forcibly back on porch) 
 — Don't put your dirty carcass inside this house 1 — 
 you miserable skunk! (Ann gasps, very much 
 frightened, and clasping the baby closely to her 
 breast, hurries out through door right.) 
 
ACT I 43 
 
 Brown {Starting toward Martin as though to 
 interfere) — Hold on there! — none of the rough 
 stuff 
 
 Cox {Taking Brown by arm and detaining him) 
 — Let 'em alone — this is not our funeral. Steel's 
 got it coming to him. 
 
 Steel {Trying to force his way past Martin) — 
 Here, you constables! Arrest this lunatic! {Makes 
 another vigorous effort to pass Martin. Brown 
 tears loose from Cox and starts to Steel's assist- 
 ance, or to make arrest.) 
 
 Martin {Steps back a step and strikes Steel 
 with full force with fist on jaw) — You will, will 
 you ! ( Steel staggers and falls backwards down 
 the steps of front porch out of the range of vision 
 of those within the room. Ann, who with the 
 baby still in her arms, has returned and is watch- 
 ing from doorway left, screams and crossing un- 
 steadily to the "lounge" sinks down on it. Brown 
 and Cox both rush out door and down steps. Mar- 
 tin stands just outside door on porch looking down 
 where Steel has fallen.) 
 
 Brown {From outside) — He's knocked clean out! 
 Here, help me turn him over on his back. {Pause.) 
 Get some water! 
 
 Cox {Hurrying up steps) — That was an awful 
 wallop ! Where's some water ? 
 
 Martin {To Cox) — I'll get some. {Turns 
 toward door right and sees Ann on "lounge." 
 He pauses and stoops down to Ann, raises her up 
 gently and leads her out door right. To Ann) — 
 Come with me — I am afraid I hurt him pretty bad. 
 
 Brown {From outside) — Come here a minute, 
 "Jim." (Cox goes out and down steps. Martin 
 
44 THE ARBITRATORS 
 
 enters door right and crosses to porch door with a 
 glass of water in his hand. Just as Martin 
 reaches door Brown comes in and taking glass from 
 Martin puts it on piano. To Martin) Come! 
 help me carry him in and put him on the "lounge." 
 
 Martin — Is he bad hurt? 
 
 Brown — I don't know how bad — pretty bad, I 
 guess; I've sent "Jim" for a doctor. We will put 
 him on the "lounge" till the doctor comes. It looks 
 bad — you better stay right here with me, till we 
 see what the doctor says. He struck his head when 
 he fell — and he is unconscious. It looks bad — I 
 would not be in your boots! (Brown and Mar- 
 tin go out and down steps while Ann appears at 
 door right and watches them, the baby clasped 
 closely to her breast, as curtain descends on end of 
 Scene III, Act I.) 
 
 CURTAIN 
 
ACT II 
 
 SCENE I 
 
 A Court Room — Criminal Division of Superior 
 Court of Cosmos County. The walls are 
 wainscotted to a height of seven feet in ma- 
 hogany, balance of walls in dark green with 
 decorations in gold. About the center and 
 against the left wall stands the Judge's Bench 
 — elevated about three feet above floor. This 
 bench is also of mahogany, about eight feet 
 long by six feet deep — permitting of space for 
 desk and chair — the desk is a large, flat top ma- 
 hogany desk with high-backed, leather-covered 
 chaif to match. The desk and chair are so 
 placed as to face the right wall. Next to the 
 Judge's Bench and adjoining it in front are 
 three steps for the passage of the Judge and 
 also for witnesses who use them upon entering 
 the witness box which is to the front of the 
 Judge's Bench with large leather-covered chair 
 facing right wall. The Judge's Bench is ele- 
 vated one step higher than the witness box. 
 
 Behind the Judge's Bench and extending all the way 
 to the ceiling are a pair of heavy, red plush cur- 
 tains; they cover a space on the wall the same 
 width as the Bench. At the top of these cur- 
 tains is fastened an emblem, or shield, upon 
 45 
 
46 THE ARBITRATORS 
 
 which appear the words: "Law — Equity — Jus- 
 tice — Liberty " 
 
 In front and under the bench are two desks — one a 
 mahogany j roll-top office desk, which is at far 
 end facing right wall, together with a mahog- 
 any swivel office chair to match; the other, a 
 flat-top mahogany desk, stands in front and a 
 little to the left of witness box so arranged that 
 it faces the front of stage. The former is the 
 Clerk's desk, the latter the Court Reporter s 
 desk. 
 
 In front of the Clerk's and Reporter s desks with 
 little space between, stands a long, hand- 
 somely carved mahogany table with a number 
 of straight-back mahogany chairs arranged on 
 one side of it facing Judge's Bench — this is the 
 table reserved for Attorneys. 
 
 On the Judge's Bench, held between heavy bronze 
 book ends, are a number of law books, also a 
 silver tray upon which are a cut glass pitcher 
 and drinking glass. There are also a number 
 of law books on the Attorneys' table — also tray 
 with water pitcher and several drinking glasses. 
 In addition the Attorney's table is well pro- 
 vided with writing materials — tablets of yel- 
 low paper, ink stands, pens, pencils, etc. 
 
 Behind, or to the right of, Attorneys' table stand 
 a row of straight back mahogany chairs with 
 space between table and chairs sufficient to ad- 
 mit of convenient passage. These are pro- 
 vided for Court Attaches, witnesses, etc. They 
 stand with their backs to a railing which runs 
 across the stage from front to back, dividing it 
 at center. In this railing are two gates — one 
 
ACT II 47 
 
 at front of stage, one well toward back wall 
 — leading onto two passages which extend from 
 right to left which in turn lead into wide pas- 
 sage that extends along right wall entire depth 
 of stage. At end of front passage against right 
 wall is door leading to "official" entrance; at 
 end of rear passage is similar door, only double 
 and of heavy mahogany, which is the public en- 
 trance to the Court Room. Between the right 
 wall passage and railing and facing the Judge's 
 Bench are seats for the "audience" 
 
 There are two double windows in back wall with 
 green shades pulled half-way down — the win- 
 dows look out onto the roofs of adjoining 
 buildings — a dismal prospect. The balance of 
 walls are hung with prints and etchings in 
 heavy frames — Washington Monument, Statue 
 of Liberty, Government Buildings, and large 
 picture of Justices of Supreme Court of the 
 United States are among them. 
 
 In front of Witness Box and so arranged that they 
 face both Attorneys' table and front of stage, 
 are placed diagonally twelve straight back ma- 
 hogany chairs — the Jury Box, behind which 
 against left wall — with ample room for action 
 between Jury Box and wall — are hung pair of 
 heavy purple plush curtains extending from 
 floor to ceiling. 
 
 Between Judge's Bench and back wall are two ma- 
 hogany doors leading off left — over one are 
 the words: "Chambers" over the other, 
 "Clerk." 
 
 Behind the Attorneys' table and a little apart from 
 it is another and smaller mahogany table — the 
 
48 ! THE ARBITRATORS 
 
 Newspaper Reporters' table. This is also pro- 
 vided with writing materials, cuspidors beside 
 it, etc. 
 As curtain rises are discovered a number of At- 
 torneys, Newspaper Reporters, Court Attaches, 
 Woman Magazine Writer and a clergyman 
 loitering about between Judge's Bench and rail- 
 ing — gossiping. A Newspaper Reporter is 
 seated in the Judge's Chair. 
 
 A Newspaper Reporter {Looking at watch) — It 
 is getting late! (To Clerk) What time will you 
 open the doors to feed the animals? 
 
 Clerk (Who sits at desk writing) — This show 
 was advertised for nine-thirty. (Looking at 
 watch.) It is that time now. 
 
 Another Newspaper Reporter — Some crowd to- 
 day! Who says tragedy no longer attracts! Just 
 listen to the mob ! (All listen. A noise as of the 
 shuffling of many feet is heard outside main en- 
 trance door*; muffled voices and laughter are also 
 heard. Now and then the crowd outside the door 
 push up against it until it shakes.) 
 
 Woman Magazine Writer — You can always de- 
 pend on a crowd when they don't have to pay! It 
 beats the "movies." 
 
 A Clergyman — No doubt they come to lend their 
 moral support to the proceedings! 
 
 Court Reporter — Morbidness! Morbid curios- 
 ity! It is always so, especially in murder and di- 
 vorce trials. 
 
 Another Newspaper Reporter — The big crowd 
 always gathers at the dangerous curve ! Put a man's 
 
ACT II 49 
 
 neck in jeopardy, and, while they know they cannot 
 gratify their taste to the extent of actually seeing it 
 stretched, they hope for something of the sort. They 
 go to the auto races not, in fact, to see an exhibition 
 of speed, skill or endurance, but in the hope of see- 
 ing somebody mangled. It is the hope of the hor- 
 rible that lures ! 
 
 A Bailiff enters at the "official" entrance and tak- 
 ing a heavy bunch of keys out of his pocket 
 walks briskly down the aisle leading to main 
 entrance and inserts large key in keyhole of 
 main entrance door. Increased and prolonged 
 scuffling and talking are heard. As Bailiff 
 opens door the crowd surges against it, pushing 
 it open a matter of two feet — he is obliged to 
 use all his strength to keep the crowd back. 
 Through the opening thus temporarily effected, 
 slips the Spirit of Vulgarity unnoticed and 
 passes up to center of stage where he pauses, 
 and with face turned slightly toward main en- 
 trance and holding his head quizzically on one 
 side, he holds elbow of right arm in the palm 
 of left hand with his chin resting on thumb 
 and forefinger of right hand. He smiles cyn- 
 ically and amusedly at the crowd surging 
 against the doors. 
 Bailiff (To crowd) — Here! Here! None of 
 that — no crowding! You can all find seats. Cut 
 out that rough stuff now, or I will lock the doors 
 on you. 
 
 Spirit of Vulgarity — It is to make a hoodlum 
 holiday! (Crowd enter noisily as Bailiff opens the 
 doors, shoving and jostling each other good-na- 
 
50 THE ARBITRATORS 
 
 turedly. It is a motley gathering composed of men, 
 women, young women and clergymen — persons from 
 all walks of life and of all ages.) 
 
 Bailiff — That is better ! {Some women are about 
 to enter behind railing to space reserved for Attor- 
 neys, etc.) Just a minute, please! No one is al- 
 lowed inside the railing without a permit from the 
 Judge. {Women retreat and find seats in space re- 
 served for audience.) 
 
 A Woman {To woman next to her) — Do you 
 suppose we can hear from these seats? 
 
 The Woman — We can hear all right, I guess, but 
 can we see him ? The "Criminal" sits at that long 
 table in front of the railing. 
 
 Spirit of Vulgarity — What a pity hangings are 
 no longer public ! The trial is so much like the ap- 
 petizer before dinner — without the dinner. {To 
 crowd.) Behold, my friends! The stage is set, 
 the hour is at hand ! The actors, each one adorned 
 to play his special role, await without their queues — 
 {Looks at door "Chambers/') See! the stage di- 
 rector, clothed in his authority, takes charge ! ( The 
 Judge in robes gathered about his shoulders gravely 
 enters through door "Chambers" as all eyes are 
 turned in his direction and follow his movements as 
 he ascends the steps leading to Judge's Bench and 
 takes his seat. The Clerk raps for order.) 
 
 The Clerk {Calling in sing-song voice) — Hear 
 ye! Hear ye! Hear ye! The Superior Court — 
 Criminal Division — of Cosmos County is now in 
 session ! ( Takes seat at desk and continues to turn 
 over papers and write in a large book.) 
 
 Spirit of Dignity {Steps from between red plush 
 curtains on to the Judge's Bench and takes position 
 
ACT II 51 
 
 directly behind the Judge, who is reading the Cal- 
 endar. To Judge) My worthy protege, see to 
 it, pray, that you well uphold this day — tradition ! 
 Am I not a most becoming aid to your most honor- 
 able calling? Remember well that through your 
 august person the majesty of law and State doth 
 function ! 
 
 Spirit of Vulgarity (To crowd) — What a hand- 
 some man! How learned he must be! Do you 
 suppose he hath read all those sombre tomes repos- 
 ing on his desk! How noble and how dignified he 
 seems, yet I have heard it said that in the bosom of 
 his favorite club he is, in truth, a jolly dog! He 
 laughs most boisterously at ribald jests when cups 
 go 'round — but here! Here he is another man — 
 and scarcely human. Observe how Dignity doth 
 clothe him and hold him set apart from all the rest ! 
 The District Attorney, Joel Ford, enters from 
 door marked "Clerk" and at the same time 
 Luther Small — the Attorney for Defense — 
 enters with a number of law books under his 
 arm by main entrance. Both go directly and 
 brisky to Attorneys' table, depositing books on 
 it and nodding friendly greetings to each other 
 and to Court Attaches. The Spirit of Am- 
 bition enters with Ford, arm in arm, while 
 the Spirit of Avarice does a like service for 
 Small. 
 Spirit of Ambition (To Ford) — Remember our 
 rehearsal and the private counsels had between us 
 two! Now is the appointed time; let no detail, 
 trivial though it may appear, escape you. I keep my 
 word and fulfil my promises, but, mark you! only 
 those who warm and nurture me may look upon 
 
52 THE ARBITRATORS 
 
 achievement. Men in public life are weighed by 
 outward seeming — duty as prescribed in books is sec- 
 ondary. You swore to bend your nerve to see but 
 even-handed Justice done to all alike. Out with 
 such chatter! You will be weighed and judged 
 solely by convictions had. Conviction spells success; 
 acquittal, failure. The public soon forget the facts; 
 the State calls for revenge. But use me as your 
 spur and success awaits. 
 
 Spirit of Avarice (To Small) — To be sure the 
 conduct of this cause doth profit little in the way 
 of ready cash, but rich it is in advertising value 
 gained. 'Twas a lucky day for you when one so 
 young and so unpracticed in the law had this op- 
 portunity upon you thrust by reason of your "crim- 
 inal's" adversity. You owe much gratitude unto 
 the Honorable Court. Should this case well pro- 
 ceed, though your client should be guilty found, 
 other cases lucrative will follow. You had price- 
 less advertising space to-day — your likeness in the 
 morning's Press — 'tis a pity that the picture made 
 you look so young! 
 
 Judge (Reading from calendar} — The State ver- 
 sus Martin Kuhns! 
 
 Ford — Ready, your Honor! 
 Small — If your Honor please! The crim — 
 (catching himself) I mean my client is not yet pres- 
 ent. 
 
 Two deputy sheriffs enter through door right for- 
 ward with Martin between them. They pass 
 down aisle between rows of seats where crowd 
 is watching them and through the gate into the 
 space reserved for Attorneys , etc. Martin 
 greets Small and takes seat beside him. 
 
ACT II 53 
 
 Spirit of Vulgarity — There is the "Criminal" 
 now! No danger from him now, my friends — he 
 is closely guarded by two stalwart officers of law. 
 He looks pale and nervous. No wonder ! His wife 
 will soon be here to join him in the docks. He has 
 a youngish boy and baby girl — sorrow, or pity 
 rather, are most tearfully expressed for them by 
 everyone. Ah! Here comes the wife ! (Ann and 
 Adolph, accompanied by Mrs. Everhart, enter 
 at main entrance and pass down aisle and through 
 gate. A Deputy escorts them to a seat directly be- 
 hind the one occupied by Martin. Ann leans for- 
 ward and whispers to Martin who looks around 
 and nods confidently to Adolph and Mrs. Ever- 
 hart.) They always have the faithful wife and 
 child ! It is part of the stage setting — she should 
 have brought the baby. 
 
 Newspaper Photographer (To Court Attache) 
 Ask that fat man in the front row to move a little — 
 I want to get a picture of the faithful wife. (A 
 pause as fat man is moved and Photographer ad- 
 justs his camera.) Ah! (takes flashlight. Several 
 persons in audience seem startled and exclaim.) 
 
 Spirit of Vulgarity — I hope, my worthy friends, 
 you will all be in it so you may see your pictures 
 in the evening prints. The cleric there (indicating 
 the clergymen) will be present in the foreground — 
 no trial would be complete without the clergy pres- 
 ent. 
 
 Judge (Carefully wiping pair of gold-rimmed 
 spectacles) — Gentlemen, I think we may proceed. 
 (Turns to Bailiff.) You may bring in the jury. 
 (The Spirit of Learning pushes his head from 
 between red plush curtains and surveys the room. 
 
54 THE ARBITRATORS 
 
 He steps cautiously out upon the Judge's Bench 
 and looks quizzically at Ford and Small; he then 
 bends his gaze lingeringly upon the Judge, glances 
 hastily at the Spirit of Dignity, who stands be- 
 hind the Judge and close to him, and then quickly 
 withdraws behind the curtains.) 
 
 Spirit of Dignity (To Judge) — A goodly audi- 
 ence indeed ! I see nobility attends as well as those 
 from humble ranks. The parson and the prostitute ; 
 the mechanic in his store-bought clothes, the fash- 
 ionable fop; Society's elect among the ladies fair 
 and shop girls quite as fair but not so fortunate; 
 the school-girl still within her teens, the spinster on 
 the ragged edge; the banker and the man who keeps 
 a shop. High and low, great and small, rich and 
 poor — all, all observe you ! 
 
 Judge (To crowd) — It has long been the prac- 
 tice of this Court when causes such as the one we 
 are about to try — cases attracting wide public at- 
 tention — are before us to insist upon perfect order 
 in the Court room. While this is a public hearing, 
 you will please bear in mind that this is a Court of 
 Law and not a place of entertainment, and there- 
 fore refrain from giving expression in any form to 
 your emotions. Any untoward demonstrations will 
 be promptly reprimanded by the Court, and the 
 Bailiff will see to it that the Court's order is strictly 
 observed. 
 
 Spirit of Dignity (To Judge) — I think that has 
 impressed them. 
 
 Spirit of Vulgarity (To crowd) — Be circum- 
 spect or you will be dismissed and curiosity remain 
 ungratified. 
 
ACT II 55 
 
 Bailiff enters door right forward and stands aside 
 while the jury files in and pass down aisle to 
 jury box. As the jury takes seats there appear 
 silently, one at a time, from behind the purple 
 curtains back of the jury box the Spirits of 
 Wealth, Fear of Poverty, Ignorance, 
 Precedent, Humility, Greed, Hatred, Re- 
 venge, Pride, and all stand behind jury. The 
 Spirit of Learning last of all steps out from 
 behind purple curtains and walking around in 
 front of jury leisurely and quizzically surveys 
 each one, then slowly retires, shaking his head 
 negatively, up steps of witness stand and with- 
 draws between red plush curtains behind 
 Judge's Bench.) 
 Spirit of Greed (To jurats and other Spirits) — 
 I see several persons present here who are indebted 
 to us. Even the Honorable Judge with all his Dig- 
 nity has not paid the last quarter's interest owing 
 and past due our friend the Banker. (Indicating 
 Banker Juror.) 
 
 Spirit of Vulgarity (Directing attention of crowd 
 to jury) — A Jury of his peers! Indeed most 
 worthy to sit in judgment upon the acts of other 
 men ! The Grocer there doth earn a livelihood 
 through tinkering with weights and scales ; the Mer- 
 chant doth maintain a large establishment by trim- 
 ming down the wages of his girls to such a point 
 that self-respecting means of life are past things pos- 
 sible; the Broker is a "go-between" — racing against 
 time — his profits based upon another's loss; our el- 
 derly retired business man has gained his wealth in 
 ways too devious to mention, but he is safe at last 
 
56 THE ARBITRATORS 
 
 and sits behind a rent-roll large enough to make 
 him quite respectable, while ever and anon it doth 
 increase by reason of the activity of others who 
 labor that they may pay rent. The Plumber eats on 
 other persons' time; the Farmer is an honest man, 
 forsooth, because, together with his family, he doth 
 attend the Church each Sabbath day; the Banker, 
 rich beyond all fear of want or stern necessity, con- 
 tiues to grow fat on other persons' funds — and so 
 it goes ! Indeed, a worthy crew to pass upon the 
 acts of others. 
 
 Judge (To Ford) — Mr. District Attorney, you 
 may proceed ! 
 
 Spirit of Ambition (To Ford) — First impres- 
 sions count! Your examination of the jurors yes- 
 terday may have left some ruffled fronts. Be con- 
 ciliatory and urbane — above all, be forceful. 
 
 Ford (Bows first to Judge, then to the jury) — 
 Your Honor! — Gentlemen of the Jury! We are 
 here to perform a grave and, perhaps, a stern duty. 
 I swore to do my duty when I took the oath of 
 office of District Attorney of Cosmos County; you 
 swore to perform your duty fairly and impartially 
 when you were sworn as jurors. 
 
 A crime, we allege, has been committed. The 
 State has gathered evidence to substantiate that al- 
 legation — convincing evidence, we believe — which it 
 will be my duty to place before you. From the evi- 
 dence we will produce, and from the surrounding 
 circumstances, we propose to prove conclusively sev- 
 eral things. First, and among others, that Donald 
 Steel was murdered — wilfully murdered — on the 
 morning of January twenty-second, last, at the resi- 
 dence of the defendant, Martin Kuhns, by a blow 
 
ACT II 57 
 
 sufficient to produce death delivered to the chin of 
 Donald Steel by defendant deliberately, premedi- 
 tatedly and wilfully, causing instant death. (Pauses 
 and takes a drink of water.) 
 
 Spirit of Vulgarity (To crowd) — See how pale 
 the "Criminal" is; observe his twitching nerves; 
 note how he fumbles with his handkerchief! 
 
 Ford (Continuing) — I do not propose to give 
 you at this juncture more than a very brief outline 
 of our purpose. 
 
 Spirit of Ambition (To Ford) — 'Tis well! 
 
 Ford (Continuing) — We will produce creditable 
 witnesses who were present in pursuance of their 
 duties at the time this act was committed, by whom 
 we will prove that the defendant provoked a quar- 
 rel with Donald Steel resulting in the murder. We 
 will show that there is every reason to believe that 
 Kuhns, the defendant, entertained unfriendly ?en- 
 timents toward the victim of his crime prior to the 
 open quarrel. We will prove by expert testimony 
 that the blow struck by Kuhns was sufficient to 
 cause instant death without any other agency than 
 the blow itself. We will show a motive for the 
 crime engendered through the fear of pecuniary loss, 
 and prove by creditable witnesses that threats of 
 violence were made by defendant against Donald 
 Steel prior to the commission of the act that caused 
 Donald Steel's death. (Pauses and takes a drink 
 of water.) 
 
 Spirit of Vulgarity (To crowd) — The wife 
 weeps! (Ann is observed shaken with sobs.) 
 
 Ford (Continuing) — It will be my duty, gentle- 
 men of the Jury, to prove these things to you — to 
 place the proof before you in such a light that the 
 
58 THE ARBITRATORS 
 
 facts will stand out plainly to your view. The 
 Court will instruct you as to the law and it will 
 then be your duty — your solemn duty — to find a 
 verdict of guilty or acquittal in accordance with the 
 facts proven, the law — and your conscience. (Ford 
 here wipes his forehead with a large silk handker- 
 chief, bowing to the jury, and takes his seat.) 
 
 Spirit of Revenge (To Jury) — An eye for an 
 eye, a tooth for a tooth! 
 
 Spirit of Pride (To Jury) — It is something to 
 sit on a case of as widespread importance and in- 
 terest as is this. 
 
 Spirit of Fear of Poverty (To Jury) — Donald 
 Steel was rich. 
 
 Judge (Bowing to Small) — Do you desire to 
 address the jury at this time, Mr. Small? 
 
 Small (To Judge) — I do, your Honor! — very 
 briefly. 
 
 (Door at right forward opens very slowly and the 
 Spirit of Justice enters. She is lame and 
 walks with apparent effort and as though in 
 pain. She comes a few paces within the room 
 and there stands erect, pushes the bandage back 
 upon her forehead in an effort to see, and ap- 
 parently surveys the Court Room and persons 
 in it generally.) 
 Spirit of Justice (To herself) — Is this the hall? 
 (Her eyes seem to rest upon the Judge and on the 
 emblem "Law — Equity — etc.," at top of red plush 
 curtains.) The trappings and the signs would 
 seem to indicate as much! (The Judge raises his 
 eyes which seem to rest upon the figure of Justice.) 
 Though I somehow feel an alien here, the honorable 
 and fair-minded judge doth seem to beckon me — at 
 
ACT II 59 
 
 least his mien and attitude lend semblance to Jus- 
 tinian's Court. (Slowly, limping, the Spirit of 
 Justice gropes her way down the aisle, passes 
 through the gate and moves up to the steps leading 
 to the Judge's Bench, where she pauses uncertainly 
 while she surveys the Judge and the Spirit of Dig- 
 nity which continues to stand at the Judge's side.) 
 Some strangers here! What a draught — it chills 
 me through. (She draws her robes more closely 
 about her and still groping her way finds a seat 
 directly behind Martin and close to Ann.) I 
 may find some comfort here ! 
 
 Small (Turns to Jury) — Your Honor! (Bows 
 to the Judge.) Gentlemen of the Jury! (Bows 
 to the jury. Pulls down cuffs — takes out large 
 silk handkerchief and wipes his forehead nerv- 
 ously.) 
 
 Spirit of Avarice (To Small) — There are some 
 men of influence on the jury — all potential clients. 
 See! the Banker is already weighing you in his 
 mind. He has eyes like a gimlet! 
 
 Small (Coughs) — Gentlemen of the Jury! 
 
 Spirit of Vulgarity — (To crowd) — Just listen! 
 How he falters — his maiden case, they say. The 
 cleric looks disgust. 
 
 Small — Gentlemen of the Jury! You have 
 heard what the District Attorney has to say. (Hes- 
 itates — embarrassed.) He has merely told you 
 what he expects, or I should say, hopes to prove — 
 for I can scarcely believe he really expects to prove 
 his case. He has also told you at some length what 
 he conceives to be his duty — and yours. (Pauses.) 
 
 Spirit of Wealth (To Banker Juror) — I think 
 we have seen this young man before, but place him 
 
60 THE ARBITRATORS 
 
 not. An upstart — not yet even started up ! No 
 money, no influence nor standing. The "Criminal" 
 had no means wherewith to buy ability. 
 
 Small {Continuing) — I, too, have a duty to per- 
 form — a duty first to my client 
 
 Spirit of Avarice (To Small) — Forget not 
 yourself, my friend, if friend of mine you be. 
 
 Small (Continuing) — And a duty to you, gen- 
 tlemen of the Jury. (Pauses and looks at the 
 Judge as though for encouragement.) 
 
 Spirit of Vulgarity (To crowd) — Behold, the 
 fledgling stretch his downy wings ! He will not soar 
 very high. More able counsel for defense would 
 make a better joust — more spirited. — He hesitates ! 
 He speaks! 
 
 Small (Continuing) — I, too, will produce evi- 
 dence which I feel confident will prove the inno- 
 cence of my client of the crime as charged, quite 
 refuting the evidence the State will introduce. We 
 are prepared to show that the alleged blow was not 
 in itself sufficient to produce death, but that the 
 deceased struck his head in falling down a flight 
 of steps — dying as a result of the fall and not of a 
 blow. We will show, gentlemen of the Jury, that 
 there was no ill feeling between the defendant and 
 Donald Steel prior to the twenty-second day of 
 January last, and that there was no premeditation 
 of the alleged crime. In short, we intend to prove 
 to your satisfaction that the death of Donald Steel 
 was due to accident. (Pauses.) As this trial may 
 occupy some time 
 
 Spirit of Wealth (To Jurors and other Spirits) 
 I hope not — I have wasted too much time on this 
 balderdash already! 
 
ACT II 61 
 
 Small {Continuing) — I will not now weary you 
 with a long harangue. That you will do your duty 
 I am convinced; that you will acquit my client I 
 am confident. {Wipes his face with handkerchief 
 and takes seat.) 
 
 Spirit of Justice {Rising and turning her face to 
 Jury) — An idle wind doth blow across my cheek! 
 
 Spirit of Vulgarity {To crowd) — Here we see 
 two horns of an Irish bull. Both speak with some 
 degree of confidence, yet one is wrong and other 
 right. The young man, Small, is handicapped by 
 youth, but that should gain him sympathy; Ford is 
 an old-timer and practiced in the arts of obfuscation 
 — and brazen as a Church bell. They say he has 
 his eye on a seat in the Senate. 
 
 Ford {To Bailiff) — Call Milton Brown! 
 
 Bailiff — Milton Brown! step forward! (Brown 
 rises from seat against railing and steps briskly 
 and confidently up to witness box.) 
 
 Judge {To Brown) — Be sworn! {To Clerk) 
 Mr. Clerk, swear the witness. 
 
 Clerk {To Brown, who raises Ms right hand 
 above his head) — What is your name? 
 
 Brown — Milton Brown! 
 
 Clerk — "Where do you live? 
 
 Brown — At 4536 Palm Street, this city. 
 
 Spirit of Vulgarity {To crowd) — The chief wit- 
 ness for the State ! A constable by calling — in sooth 
 a minion of the law! 
 
 Clerk {Very rapidly and in sing-song tone of 
 voice) — Do you solemnly swear that the testimony 
 you are about to give is the truth, the whole truth 
 and nothing but the truth, so help you God ! 
 
 Brown — I do! 
 
62 THE ARBITRATORS 
 
 Spirit of Dignity — The oath doth bend itself to 
 my affairs ! 
 
 Ford {To Brown) — Take the witness chair. 
 {Brown sits down easily and crosses his legs.) 
 What is your occupation at the present time, Mr. 
 Brown ? 
 
 Brown — I'm a constable, and a deputy in the 
 Sheriff's office. (Spirits of Fear of Poverty and 
 of Ignorance step up on the witness stand and sta- 
 tion, themselves one on each side of Brown.) 
 
 Spirit of Fear of Poverty {To Brown) — Ford 
 has influence among the politicians and the rich ! 
 He is a good fellow, too. Do not forget he helped 
 you to your job and by a word could send you 
 packing. 
 
 Spirit of Ignorance {To Brown) — Ford knows 
 
 the law and all its intricacies — he is a learned man. 
 
 {The Spirit of Learning pushes his head quickly 
 
 from between the red plush curtains — and as 
 
 quickly withdraws it.) 
 
 Ford {To Brown) — Were you in the employ of 
 the Sheriff's office on the morning of January twen- 
 ty-second last? 
 
 Brown — I was {hesitates) — let's see! yes, I was 
 at that time. 
 
 Spirit of Ambition {To Ford) — If he answers 
 not to your liking, a word from you will cost him 
 his snug berth — and he knows it. 
 
 Judge {To Brown) — Address your replies to 
 the Jury, Mr. Brown! 
 
 Ford {To Brown) — Where were you on the 
 morning of January twenty-second last? 
 
 Spirit of Vulgarity {To crowd) — It is growing 
 
ACT II 63 
 
 interesting at last — we will now hear something — 
 listen ! 
 
 Brown — I was at Mr. Kuhn's house — {pointing 
 to Martin) — that man's. 
 
 Ford — What were you doing, and what took 
 place at Martin Kuhn's house on the morning of 
 January twenty-second, this year? — just tell the 
 Jury in your own way. 
 
 Small (To Judge) — I wish to enter an objec- 
 tion! 
 
 Judge (To Small) — Overruled. (To Brown) 
 You may answer, Mr. Brown. 
 
 Brown — Well, you see, me and Jim Cox went 
 out there to serve a writ. 
 
 Small (To Judge) — I wish to move that the an- 
 swer be stricken out 
 
 Ford (Impatiently) — I will consent that the an- 
 swer be stricken out. (To Brown.) Now, Mr. 
 Brown, just tell why you went out to Martin 
 Kuhn's house on that morning and what happened 
 — never mind about Jim Cox just now. 
 
 Brown — I went out there to serve a paper — a 
 writ of replevin — on Martin Kuhns. 
 
 Ford (To Brown) — Do you know James — 
 "Jim"— Cox? 
 
 Brown — Yes ! 
 
 Ford — Who told you to go out to Kuhns' house 
 to serve this writ you speak of? 
 
 Brown — The Sheriff — that is, the clerk in the 
 Sheriff's office. 
 
 Ford — Did you serve it? 
 
 Brown — Yes ! I served it on Martin Kuhns — 
 and a copy on his wife. 
 
64 THE ARBITRATORS 
 
 Ford — You said a moment ago that you knew 
 "Jim" Cox ! Do you know if Jim Cox is, or was, 
 also in the employ of the Sheriff's office on January 
 twenty-second last? 
 
 Brown — Yes, that was his first job. 
 
 Ford — Was Mr. Cox with you on the morning 
 you speak of? 
 
 Brown — Yes ! 
 
 Ford {Impressively) — Tell the Jury, Mr. 
 Brown, what happened when you served the writ 
 — what did Martin Kuhns, the defendant in this 
 case, do and say? 
 
 Spirit of Fear of Poverty (To Brown) — A most 
 important question! You know well what answer 
 is expected. Remember Ford's influence — think of 
 your job. 
 
 Brown — Kuhns was mad — he said he would not 
 let us take the furniture. 
 
 Spirit of Justice (Spirit of Justice moves un- 
 easily in her seat; she rises, sighing heavily) — Truth 
 should be here to aid — without Truth Justice comes 
 but tardily. 
 
 Ford (To Brown) — You say "Kuhns would not 
 let 'us' take the furniture"; who do you mean by 
 "us"? 
 
 Small (To Judge) — I object, your Honor, both 
 to the question and answer — nothing has been shown 
 regarding any furniture. 
 Judge — Objection sustained. 
 A Newspaper Reporter (To Another News- 
 paper Reporter) — That is not what he told me 
 when I interviewed him just after the murder. 
 
 Another Newspaper Reporter (To A Newspa- 
 per Reporter) — His side-kicker, Cox, told me 
 
ACT II 65 
 
 Kuhns seemed dazed — like a man in a trance — and 
 did not get mad or show signs of fight until after 
 Steel got there. We might make witnesses for the 
 defense. 
 
 A Newspaper Reporter (To Another News- 
 paper Reporter) — Not for me! I don't want to 
 mix up in this business. I might tell a lot, but I 
 doiibt if it would be admissible and, besides, Ford 
 has always treated me mighty decently. 
 
 Another Newspaper Reporter (To A Newspa- 
 per Reporter) — Me, too, but then if we knew 
 anything that might be used by the defense in re- 
 buttal, maybe 
 
 Ford (To Brown) — Who did you see that 
 morning at Kuhns' house beside Kuhns and his wife, 
 if anybody. 
 
 Brown — I saw their boy (pointing to Adolph) 
 — that boy sitting there — and later Mr. Steel. 
 
 Ford (To Brown)— Donald Steel? 
 
 Brown — Yes ! 
 
 Ford (To Brown) — What was the nature of 
 the writ you served that morning on Martin Kuhns 
 and his wife, if you know? 
 
 Brown — A writ of Replevin under the foreclos- 
 ure of a chattel mortgage on household furniture. 
 
 Ford — You said, Mr. Brown, that Kuhns seemed 
 mad. How did you come to that conclusion? 
 
 Small — I object, your Honor! I object to the 
 witness drawing conclusions. 
 
 Spirit of Hate (To Jury and other Spirits) — 
 Why all these objections? They are tiresome and 
 delay proceedings. Let's hang the "Criminal" and 
 be done with it. 
 
 Judge (To Small) — The witness may, I think, 
 
66 THE ARBITRATORS 
 
 state what the defendant did and said which led him 
 to the conclusion regarding the defendant's state of 
 mind. (To Brown.) Mr. Brown, you may tell 
 what the defendant did or said that caused you to 
 conclude that he was mad — angry. 
 
 Brown — Please repeat the question. 
 
 Judge {To Court Reporter) — Mr. Reporter, 
 read the question. 
 
 Court Reporter (Reading) — You said, Mr. 
 Brown, that Kuhns seemed mad. How did you 
 come to that conclusion? 
 
 Brown — From the way he looked and what he 
 said. 
 
 Small (To Court and Witness, appealingly) 
 — I still object, your Honor ! He has not answered 
 the question in the manner you said he might an- 
 swer it. 
 
 Ford (To Judge and Small) — If you will be 
 patient, Mr. Small, I will see that the question is 
 answered specifically in a few moments, if your 
 Honor will permit the witness to proceed. 
 
 Judge (To Brown) — Make your answers pre- 
 cise, Mr. Brown. (To Ford.) You may proceed. 
 
 Ford (To Brown) — Was Jim Cox with you at 
 the time you served the papers — the writ ? 
 
 Brown — Yes, he was right there all the time. 
 
 Ford (To Brown) — Was anybody else there? 
 
 Brown — Mrs. Kuhns was there most of the time 
 and Steel came after we had been there a little 
 while. 
 
 Ford (To Brown) — What time in the morn- 
 ing was it? 
 
 Brown — About eight-thirty. 
 
ACT II 67 
 
 Ford (To Brown) — Then what happened after 
 Mr. Steel got there? 
 
 Spirit of Fear of Poverty (To Brown) — An- 
 other important question ! The reporter is writing 
 it all down — be cautious ! — See how closely Ford re- 
 gards you! 
 
 Small (To Judge) — I object, your Honor! — No 
 proper foundation laid. 
 
 Spirit of Revenge (To Jury) — It is evident the 
 defense is striving to keep out the salient facts. The 
 District Attorney knows. An eye for an eye, a 
 tooth 
 
 Judge — Objection overruled. 
 
 Ford (To Brown) — You may answer the ques- 
 tion, Mr. Brown. 
 
 Brown — Kuhns and Mr. Steel had an argument 
 about us taking the furniture. 
 
 Ford (To Brown) — Yes ! Then what happened 
 — what did Mr. Steel do? 
 
 Brown — He didn't do anything — he told us to 
 take the furniture. 
 
 Ford (To Brown) — And did you do it? 
 
 Brown — Well, we started to, but Kuhns hol- 
 lered to us and told us not to touch it. 
 
 Ford (To Brown) — What happened then? 
 
 Brown — Steel had gone out on the porch and 
 Kuhns followed him out there and they were talk- 
 ing pretty mad and Kuhns said — "If you take this 
 stuff I will fix you," or something like that. 
 
 Small (To Judge) — I object, your Honor! 
 
 Spirit of Dignity (To Judge) — Such trivial ob- 
 jections but take up your Honor's time! 
 
 Judge (To Small) — He has answered the ques- 
 
68 THE ARBITRATORS 
 
 tion. It may stand. (To Brown.) Let me cau- 
 tion you, Mr. Brown, to be as precise as possible. 
 
 Brown — I 
 
 Ford {Interrupting) — Just a minute, Mr. 
 Brown. Now you say that Martin Kuhns followed 
 Mr. Steel out on the porch and you heard Kuhns 
 say to Steel: "If you take this stuff I will fix you." 
 What did you understand Kuhns to mean by that? 
 
 Small (Excitedly) — Just a minute, Mr. Brown. 
 (To the Judge.) I wish to interpose an objection, 
 your Honor! on the ground that the question calls 
 for the conclusion of the witness. 
 
 Ford (To Small) — He has a right to his opin- 
 ions. 
 
 Small (Sarcastically) — He has not qualified as a 
 mind reader, and I object. 
 
 Judge — Objection sustained. 
 
 Ford — You said a moment ago, Mr. Brown, that 
 Mr. Steel and Kuhns were talking as if they were 
 mad — angry. Did you hear what Mr. Steel said? 
 
 Brown — No ! except when he told us to move the 
 furniture. He did not talk mad nor loud like 
 Kuhns. 
 
 Ford — But you did hear what Kuhns said? 
 
 Small (Jumping to his feet excitedly) — I object! 
 He is trying to lead the witness as though he had 
 been coached! 
 
 Ford (Forcefully) — I take exception to counsel's 
 remarks and ask that they be stricken from the rec- 
 ord. It is uncalled for and unethical on part of 
 counsel, tending to disparage my motives in the 
 opinion of the Jury. 
 
 Small (Excitedly) — I 
 
ACT II 69 
 
 Judge {Severely) — Gentlemen! I will have none 
 of this. (To Court Reporter.) You may strike 
 Mr. Small's remarks from the record. (To Jury.) 
 The Jury will disregard it and I trust it will not 
 be necessary for me to reprimand counsel. (To 
 Brown.) Mr. Brown, could you hear what Mr. 
 Steel said? 
 
 Brown — Not distinctly — but I did hear Kuhns — 
 he spoke loud and in an angry tone. 
 
 Ford (To Brown) — Did Kuhns threaten Mr. 
 Steel in any way that you heard ? 
 
 Brown — Yes ! he said he would fix him if he took 
 the stuff. 
 
 Spirit of Vulgarity (To crowd) — Notice the sor- 
 rowing wife! How eagerly she bends her head to 
 catch the words that may spell life or death ! And 
 see the "Criminal," too — he mops his brow and 
 shakes his head in negative. Can that be acting? 
 The plot grows tense! There is need of acting 
 now! 
 
 Ford (To Brown) — Then what happened? 
 
 Brown (Leans well forward the better to be 
 heard) — I heard Kuhns say: "Take that, damn 
 you!" and then Kuhns hit him. 
 
 Spirit of Ambition (To Ford) — You coached 
 your witness well — he denies you not. 
 
 Spirit of Fear of Poverty (To Brown) — Re- 
 member now the talks you had with Ford — the case 
 of the State hangs upon your words. 
 
 Ford (To Brown)— What with? 
 
 Brown — I could not see from where I stood, but 
 I saw Kuhns swing his arm back and then sud- 
 denly Steel cried out and threw up his hands — and 
 
70 THE ARBITRATORS 
 
 sank down in a heap. I ran to help him, but before 
 I got to him he fell backwards and slid down the 
 steps. 
 
 Ford (To Brown)— You say Mr. Steel "slid 
 down the steps"? 
 
 Brown — Yes ! 
 
 Ford (To Brown) — Was Steel unconscious? 
 
 Small — He did not speak — his eyes were wide 
 open — I think he was dead when I got to him. 
 
 Small (To Judge) — I object! The witness is 
 attempting to draw a conclusion. It is mere specu- 
 lation — his answer. 
 
 Spirit of Ambition (To Ford) — 'Tis well ! The 
 Jury already have the answer firmly planted within 
 their muddled brains. 
 
 Spirit of Revenge (To Jury) — His opinion is as 
 good as any man's. He has probably seen dead men 
 before — men in his business often see the dead. 
 
 Judge (To Brown) — Did you try to feel his 
 heart, or do anything that would cause you to be- 
 lieve beyond a reasonable doubt that Mr. Steel was 
 dead before you reached him? 
 
 Brown — I ran down the steps where Steel had 
 fallen — he was lying on his face, so I rolled him 
 over and put my hand over his heart — it did not 
 beat — I think he was dead. 
 
 Ford (To Brown) — What did you do then? 
 
 Brown — I called Jim Cox to help me — Steel was 
 a heavy man — and then I sent Cox for a doctor. 
 
 Ford (To Brown) — Why did you send Cox for 
 a doctor? 
 
 Brown — I thought Steel was dead — but I wanted 
 to be certain. 
 
 Ford (To Brown) — Then what did you do? 
 
ACT II 71 
 
 Brown {With air of importance) — I arrested 
 Kuhns. 
 
 {During the preceding action the jurors are, each 
 
 one, from time to time consulting their watches 
 
 while the various Spirits are moving about 
 
 among them whispering to each other, and now 
 
 and then stooping down to whisper to the 
 
 jurors. ) 
 
 Retired Merchant Juror {Rising from his seat: 
 
 to the Judge) — Your Honor, may I be excused 
 
 for a few minutes ? 
 
 Judge — We will take a recess for twenty min- 
 utes. 
 
 Spirit of Dignity {To Judge) — An opportunity 
 here for an admonition which should not be over- 
 looked ! 
 
 Judge {To Jury) — Gentlemen of the Jury, let 
 me caution you not to converse with each other or 
 with anybody of or concerning the matter before 
 you, nor to read any newspaper, nor' do anything 
 which would tend in any way directly or indirectly 
 to influence you in the case now at trial, nor to form 
 nor express an opinion until the case is finally sub- 
 mitted to you. 
 
 ( The Jury file out accompanied by a Bailiff. The 
 Judge descends from the bench and retires 
 through door "Chambers!' The crowd begin 
 to converse with each other, the Newspaper 
 Photographer takes another flashlight of the 
 "Criminal." Martin rises and takes a seat 
 next to Ann and converses with her. The 
 District Attorney moves about chatting with 
 the Court Attaches. Small reads from a law 
 book. Newspaper Reporters write busily. A 
 
72 THE ARBITRATORS 
 
 man from the crowd passes through gate and 
 goes up to Ford and engages him in earnest 
 whispered conversation, having first drawn 
 Ford to one side out of earshot of others in 
 front of railing.) 
 Spirit of Vulgarity {Calling attention to man 
 talking with Ford: to crowd) — Ah! Ha! A 
 detective for the State reports to his chief! He 
 moves with stealth and travels in darkness. His 
 business in life is peeping through keyholes and lis- 
 tening at cracks. 
 
 {The detective withdraws hurrying from the room 
 through "official" entrance. A man from the 
 crowd dressed in conventional clerical garb 
 "buttonholes" Ford, drawing him to one side, 
 and converses with him earnestly in under- 
 tones. ) 
 Spirit of Vulgarity {Continuing) — And now the 
 Church supports the State — the Church may ever 
 be depended upon to do its full duty in upholding 
 "law and order" because, perhaps, the man may be 
 one of those "whom Christ came down to save." 
 {The crowd begin to stir about and rise from their 
 seats.) Patience, my worthy friends! The best 
 is yet to come. Maybe the wife and boy will testify 
 and, perhaps, the "Criminal" himself will take the 
 stand — but best of all will be the arguments. They 
 say that Joel Ford will make the finest effort of his 
 life. Election is at hand. He has high aspirations. 
 Don't move too far or you will lose your seats — 
 they will be in rare demand to-day. 
 
 Spirit of Justice {Rising painfully and groping 
 her way to the Judge's Bench she ascends the steps 
 falteringly. Dignity withdraws behind the red 
 
ACT II 73 
 
 plush curtains. Learning steps out from between 
 the red plush curtains and stands listening.) — 
 I was invited here but found my place by alien 
 forces occupied. The seats laid bare but for a mo- 
 ment give time for pause. Murky seems the place 
 with odors stale, and foul the air I breathe beneath 
 the emblem of the Just. Like all the rest, I merely 
 pose but for a space, unreal and shadowy, when I 
 descend and others take my place. I can but lurk 
 among the crowd, most heavy hearted, to witness 
 this — my travesty. (Curtain descends on end of 
 Scene I, Act II.) 
 
 CURTAIN 
 
SCENE II 
 
 But a few moments pass between Scenes I and II. 
 Stage the same as in Scene I. It is the follow- 
 ing afternoon. In the interval between Scenes 
 I and II the case has been tried and arguments 
 on both sides heard. Witnesses testified as 
 promised in the opening address by Ford, and 
 contra-witnesses testified for the defense as 
 promised by Small. The Judge has read his 
 instructions on the law to the Jury. The audi- 
 ence seem relaxed and are beginning to move 
 uneasily as though preparing to leave the Court 
 Room. Both Ford and Small are seated at 
 the Attorneys' table. Martin is seated be- 
 tween Ann and Adolph and Mrs. Ever- 
 hart in a seat next to Ann — all four engaged 
 in whispered conversation. The Spirit of 
 Justice is seated near Martin; all other 
 Spirits excepting Learning, who is not present 
 in the Court Room, and Vulgarity, who 
 capers about among the crowd, are arranged 
 behind the Jurors. The Spirit of Dignity, 
 however, does not take his place among the 
 other Spirits until after the conclusion of his 
 opening speech. 
 
 Spirit of Dignity {To Judge) — Well done! 
 Enough high sounding, empty phrases to satisfy 
 the most exacting master. 
 74 
 
ACT II 75 
 
 Judge (To Jury) — Gentlemen of the Jury! The 
 Bailiff will now conduct you to the jury-room for 
 your deliberations and will hand you several forms 
 of verdict, one of which you will sign by your fore- 
 man if you can agree. (To Bailiff.) Mr. Bailiff, 
 conduct the Jury to the jury-room. ( The Jury file 
 out behind the Bailiff, all the Spirits excepting 
 Learning and Vulgarity following and walk' 
 ing with the Jury. All pass through door right 
 forward. Justice lingers.) 
 
 Spirit of Justice (Watching Jury) — So, with 
 those twelve men rests the fate of a human soul. 
 They would usurp my province — I must hasten. 
 (Withdraws behind red plush curtains.) 
 
 Spirit of Vulgarity (To crowd) — And now we 
 wait the verdict — in the meantime we may specu- 
 late. Come! What are the odds? (The Judge 
 rises and retires to his chambers.) We have heard 
 the evidence as well as has the Jury — some of us no 
 doubt more accurately, and we may weigh it, too. 
 We have observed the several actors in their sev- 
 eral parts. One set of witnesses declares 'twas a 
 premeditated crime — another that it was no crime 
 at all — each set confutes the other quite ; the experts 
 disagree, the jury seemed quite bored. An dble ar- 
 raignment made by Counsel for the State — the de- 
 fense was rather lame. Come ! What are the odds ? 
 Here is a chance to speculate with human life at 
 stake ! 
 
 Bailiff (To Martin) — Come with me now! 
 They may be out for hours — there is no use wait- 
 ing here. You will be brought back when the Jury 
 have agreed or, at least, when they report. 
 
 Ann (To Martin) — It will be all right — I am 
 
76 THE ARBITRATORS 
 
 sure. I don't see how it could be otherwise — they 
 cannot find you guilty, who never meant to do a 
 wrong. (Martin embraces Adolph and Ann.) 
 I will be waiting here. 
 
 Mrs. Everhart (To Martin) — I will stop with 
 her (indicating Ann). 
 
 Martin (To group) — It won't be long. (Goes 
 out door right forward with Bailiff.) Small 
 joins Ann, Adolph and Mrs. Everhart and to- 
 gether they slowly go out main entrance conversing 
 meanwhile.) 
 
 Spirit of Ambition (Who has re-entered from be- 
 hind purple curtains and joined Ford: to Ford)— ■ 
 You have served me well to-day. 
 
 Spirit of Vulgarity (To crowd) — See! the anx- 
 ious wife departs together with the boy and their 
 young counselor. 
 
 Newspaper Photographer ( Taking another flash- 
 light of Ann and group) — I must get a good one 
 of the "Criminal," wife and boy when the verdict 
 is delivered. 
 
 Spirit of Justice (Steps from between red plush 
 curtains on to Judge's Bench) — The puppets come 
 and go — 'tis my duty to remain until the very last. 
 In the jury-room twelve so-called honest men and 
 true will weigh, I fain would hope, the merits of 
 the case. I may be of service there. (Curtains de- 
 scends on end of Scene II, Act II.) 
 
 curtain 
 
ACT III 
 
 SCENE I 
 
 A Jury-room. The room is large and with high 
 ceiling; the walls green and hung with pictures 
 similar in character to those in Court Room. 
 One window rear looks out on roofs of ad- 
 joining buildings — a dismal prospect. One 
 window right also looks out on roofs and this 
 window has the sun shining into it and flood- 
 ing the floor near it. Beneath this window is 
 a low wooden seat. A long, mahogany table 
 stands in the center, around which are drawn 
 twelve mahogany chairs. On this table are 
 various writing materials — paper pads, ink 
 stands, pens, pencils, etc. On the floor are sev- 
 eral waste-paper baskets and several cuspidors. 
 Also on the table is a small mahogany box with 
 a slit cut in the lid — fastened to a handle — 
 the ballot box. One door only leads off left. 
 Near the front is a somewhat smaller mahog- 
 any table with twelve chairs grouped about it — ■ 
 this table is bare. As curtain ascends the 
 Spirit of Justice is discovered seated at one 
 end of large table bent in meditation. 
 
 Spirit of Justice — I seem to have preceded here; 
 perhaps there was no cause for haste. It is good to 
 be alone! 
 
 77 
 
78 THE ARBITRATORS 
 
 (Door left opens and Bailiff enters and steps to 
 one side permitting the Jury to file in after 
 him. The Spirit of Justice rises and stands 
 aside. Together with the Jury enter the 
 Spirits of Wealth, Fear of Poverty, Ig- 
 norance, Precedent, Humility, Greed, 
 Hate, Revenge and Pride, and immediately 
 find seats around the smaller table. Several of 
 the Jurors take off their coats and hang them 
 over the backs of chairs, light cigars, cigarettes, 
 etc. After a pause there enter the Spirits of 
 Avarice, Ambition, Dignity and, last of all, 
 Learning. The Spirit of Justice critically 
 surveys the Jurors, then the Spirits.) 
 (Justice continues) — My meditations are in- 
 terrupted once again — hubbub doth distract me 
 quite. 
 
 Banker Juror (To other Jurors) — It is good to 
 be allowed to smoke again. (Blows large puff of 
 smoke from his cigar toward the ceiling.) Well, 
 gentlemen, this unfortunate business is nearly at an 
 end. Let's get down to it. I suppose we must first 
 elect a foreman ! 
 
 Merchant Juror — I am anxious to be done with 
 the whole thing. I move we elect Banker fore- 
 man! 
 
 Grocer Juror — I second that motion. 
 Broker Juror — Let's vote! All in favor of 
 Banker for foreman signify by saying aye! 
 Eleven Jurors — Aye ! 
 Banker Juror — I thank you, gentlemen. 
 Broker Juror — The ayes have it — it is unani- 
 mous. 
 
 Banker Juror — Shall we discuss this matter, or 
 
ACT III 79 
 
 shall we take a ballot at once in order to see how- 
 near we are together to start with? 
 
 Broker Juror — Let's take a ballot! 
 
 Banker Juror — Mr. Broker, I will appoint you 
 Secretary of the Jury. {To Jurors.) Gentlemen, 
 will you vote and Mr. Broker will collect your 
 ballots! (Spirit of Learning passes quietly 
 among the Jurors and Spirits, then shaking his head 
 negatively slips quietly out of the door, closing it 
 behind him.) 
 
 Spirit of Justice {Standing to one side slips band- 
 age up from eyes and carefully re-surveys each one, 
 both Jurors and Spirits) — These false lights blind 
 my sight, though well enough I see {indicating 
 Spirits) I am one too many here. {Slips bandage 
 back over her eyes and gropes her way to the win- 
 dow right where she sits down on bench with the 
 sunlight streaming in upon her.) 
 
 Carpenter Juror — Before I vote I want to know 
 if you are voting on first degree, second degree or 
 only manslaughter. 
 
 Banker Juror {To Carpenter) — First degree — 
 that is what the District Attorney urged upon us. 
 We will see how near we are together on that first, 
 anyhow. (Broker Juror tears up a number of 
 bits of paper and passes a slip to each juror, wha 
 writes upon it and places it in ballot box which Bro- 
 ker passes among them.) 
 
 Spirit of Revenge — An eye for an eye, a tooth 
 for a tooth! 
 
 Spirit of Hate — Murderers must be punished! 
 Let's hang him at once! 
 
 Spirit of Precedent — Since time immemorial mur- 
 ders have been avenged by death! 
 
8o i THE ARBITRATORS 
 
 Spirit of Humility — We must heed well what 
 the Judge said — he seemed to lean toward hanging 
 — how austere he was ! 
 
 Spirit of Fear of Poverty — Steel was rich — the 
 Banker evidently wants to hang. 
 
 Spirit of Ignorance — The law as applied to this 
 case demands a verdict of guilty. 
 
 Spirit of Justice (Rises and gropes her way un- 
 certainly about the room) — All exits are concealed 
 and I would out ! Some heavy mantle descends upon 
 my shoulders and weighs me down as though I wore 
 the very Judge's robes. (During the foregoing dia- 
 logue the Jurors are conversing in low tones, occa- 
 sionally laughing, bantering each other and — inci- 
 dentally balloting. From time to time each Juror 
 consults his watch anxiously.) 
 
 Banker Juror — Well, gentlemen, we still seem 
 to be divided six to six on a vote for murder in the 
 first degree. We will never get through at this 
 rate. What do you say that we try for a compro- 
 mise verdict on murder in the second degree? I 
 am for hanging and I don't care who knows it, but 
 we seem unable to agree on that. Mr. Broker, take 
 a ballot on the second degree proposition. (Broker 
 tears up more paper and passes it around, etc.) 
 
 Spirit of Greed — I wish we could get out of this. 
 My interests have suffered long enough through 
 this miserable affair. I have other fish to fry. 
 
 Spirit of Revenge — I will stay till doomsday but 
 that I see the State avenged. An eye for an eye, a 
 tooth for a tooth ! 
 
 Spirit of Dignity — I lend the Judge's authority 
 to these proceedings. 
 
 Spirit of Ambition — Steel was rich and leaves 
 
ACT III 81 
 
 many friends among the rich and influential. Our 
 decision will be read of men. Kuhns is but a la- 
 borer. 
 
 Spirit of Wealth — Kuhns cannot even pay his 
 debts; why waste time or thought on him? Now, 
 had he been rich or influential — but then we do not 
 hang the rich. 
 
 Spirit of Precedent — There is no precedent for 
 that — such a course is utterly unheard of. 
 
 Banker Juror — Well, that is better! We lack 
 but two for a verdict of second degree — and they 
 but ask for leniency. I venture my friend the Car- 
 penter is one of those. 
 
 Carpenter Juror — You are right ! The man was 
 poor — they would have taken his all. I was for ac- 
 quittal altogether until you persuaded me. 
 
 Banker Juror — Pooh! Pooh! my friend, the 
 murdered man was but exacting his rights. I think 
 Steel was most lenient. A man must pay his debts. 
 
 Spirit of Hate — Think of what the constables 
 said under oath. To be sure the second fellow, 
 Cox, did get somewhat mixed when pressed, but 
 he is something of a fool and rather soft. Senti- 
 ment can't play with Justice! 
 
 Spirit of Justice (Rises to her full height and, 
 stepping over to the table where Spirits are seated^ 
 looks down upon them) — Dost take my name in 
 vain! And who, pray tell me, has the bold ef- 
 frontery to fix the rule by which I am dispensed, or 
 dispensed with should I rather say? Aye! that is 
 quite another matter. In fact and truth — that truth 
 which is so niggardly — does mortal mind pretend to 
 regulate the scales of Justice? I am one who best 
 can answer! Justice when unconflned weighs not 
 
82 : THE ARBITRATORS 
 
 so much the outward signs and evidence as those 
 most subtle, unseen influences which are the basis 
 of men's acts, I 
 
 Spirit of Revenge {Interrupting) — Who called 
 you here? You! an alien in this place! We want 
 no preaching here! Didst not observe the Hon- 
 orable Court with all the trappings set and all the 
 functionaries attended well by those most fit to give 
 their act direction? Out! Out among the sav- 
 ages, if indeed with blinded sight and withered, lag- 
 gard limbs thou still canst grope thy way — this is a 
 most respectable proceeding! 
 
 Various Spi?its — Yes! Yes! Out with you! 
 Away! 
 
 Spirit of Dignity — Out of our sight and sense! 
 We will brook no interference ! We can permit no 
 limp and half-blind wandering mountebank to stay 
 our august measures. (Spirit of Justice, com- 
 pletely crushed, limps back to seat by window. The 
 sun goes under a cloud and all is dull.) 
 
 Broker Juror — Let us hope this will settle it. 
 {Collects ballot.) It is already late {looks at 
 watch) and we don't want to spend another night 
 at this. {Hands ballot box to Banker Juror.) 
 
 Spirit of Dignity — Gentlemen, it is time we set- 
 tled this matter. I will call the roll. {Calls to 
 each Spirit in turn.) Revenge? 
 
 Spirit of Revenge — An eye for an eye, a tooth 
 for a tooth! Guilty! 
 
 Spirit of Dignity — Wealth? 
 
 Spirit of Wealth — I vote with my class — Guilty ! 
 
 Spirit of Dignity — Ignorance? 
 
 Spirit of Ignorance — I vote according to the law 
 —Guilty! 
 
ACT III 83 
 
 Grocer Juror — (To fellow jurors) — That re- 
 minds me of the story of the little boy and his 
 Sunday-school teacher! This little boy 
 
 Spirit of Dignity — Avarice? 
 
 Spirit of Avarice — Because it pays to do one's 
 duty — Guilty ! 
 
 Spirit of Dignity — Humility? 
 
 Spirit of Humility — The Judge is a learned and 
 an honorable man — Guilty! 
 
 Spirit of Dignity — Precedent ? 
 
 Spirit of Precedent — Because men have always 
 been punished — Guilty! 
 
 Plumber Juror — That's pretty good — (immod- 
 erate laughter is heard from jurors' table at the con- 
 clusion, evidently , of the grocer s yarn.) 
 
 Spirit of Dignity — Ambition? 
 
 Spirit of Ambition — To gain my ends — Guilty! 
 
 Spirit of Dignity — Greed? 
 
 Spirit of Greed — My sympathies lie all with 
 Steel, the rich man — Guilty! 
 
 Spirit of Dignity — Pride? 
 
 Spirit of Pride — I am a respected citizen; to 
 maintain society — Guilty ! 
 
 Spirit of Dignity — Hate? 
 
 Spirit of Hate — It is my habit and in my blood 
 — Guilty! — as usual. (Spirit of Hate rubs her 
 hands.) 
 
 Spirit of Dignity — Spirit of the Fear of Poverty, 
 what say you? 
 
 Spirit of Fear of Poverty — I vote Guilty! be- 
 cause the man is poor. 
 
 Spirit of Dignity — Gentlemen, I vote with the 
 balance of you to uphold the majesty and honor of 
 the law. It is unanimous. 
 
84 THE ARBITRATORS 
 
 Spirit of Fear of Poverty — The laws are made 
 by the rich for the rich. 
 
 Banker Juror {Counting ballots) — That is well! 
 Gentlemen, I congratulate you — we are agreed at 
 last. Twelve good men and true find for murder 
 in the second degree. Our irksome task will soon 
 be done. (To Broker.) Mr. Broker, hand me 
 the slip prepared for murder in the second degree. 
 
 Broker Juror (Handing slip to Banker) — Here 
 it is — and here is pen and ink. (Pushes inkwell 
 over in front of Banker.) 
 
 Banker Juror (Reading slip aloud) — "The State 
 versus Martin Kuhns, Defendant: We, the jury 
 in the above entitled cause, find defendant, Martin 
 Kuhns, guilty as charged of murder in the second 
 degree." That is short and sweet! Is it your ver- 
 dict, gentlemen? 
 
 Eleven Jurors — It is ! 
 
 Banker Juror — Then I will sign it! (Signs with 
 flourish.) We may now send for the Bailiff. (To 
 Broker.) You push the button. (Broker Juror 
 pushes electric push by door.) 
 
 Spirit of Revenge — Gentlemen, you have done 
 your duty — the State will be avenged. 
 ( The Spirit of Justice has moved unnoticed de- 
 jectedly over by the door. As Spirit of Re- 
 venge finishes speaking the Bailiff enters 
 and the Spirit of Justice slips out.) 
 
 Bailiff — Are you ready, gentlemen? 
 
 Banker Juror — We have arrived at a verdict and 
 are ready to report. 
 
 Bailiff — I will at once notify the Judge and re- 
 turn for you in a few minutes. (Bailiff with" 
 draws locking the door after him.) 
 
ACT III 85 
 
 Grocer Juror — I will be glad to get back to my 
 business. The Lord knows how much my clerks 
 have stolen from me since I have been cooped up 
 here! 
 
 Butcher Juror — The price of meat is going up 
 all the time and I will be glad to get on the job 
 again — I will bet this neglect will have cost me a 
 pretty penny. 
 
 Prosperous Merchant Juror — I take stock at my 
 store at this season of the year and I expect every- 
 thing has been at a standstill since I left. 
 
 Carpenter Juror — Jurors' fees are just about half 
 my wages, besides I will be glad to get back to my 
 old woman. 
 
 Farmer Juror — I have been worried about my 
 stock — there is a rumor of hog cholera in my neigh- 
 borhood. 
 
 Schoolmaster Juror — I rather enjoyed the Attor- 
 ney's arguments and the Judge's instructions, but 
 now that that is all over, I will be only too glad to 
 get back to my studies. 
 
 Plumber Juror — I never had no use for a thief or 
 a murderer — I was for hanging from the first, but 
 I am satisfied with second degree as long as that 
 is the best we could do. 
 
 Retired Businessman Juror — The strain of an af- 
 fair like this is too much for one of my years — I 
 cannot stand the confinement. 
 
 Clerk Juror — I wonder if I will be docked for 
 the days I spent here! 
 
 Barber Juror — I get paid by the piece and I will 
 be glad to get out for Saturday's and Sunday's trade 
 — they are always good — then me and the wife will 
 go to the beach Sunday afternoon. 
 
86 THE ARBITRATORS 
 
 Broker Juror — Mine is a busy life — hustling all 
 the time — can't spare a minute off. I think Bankers 
 and Brokers should be exempt from jury duty. 
 
 Banker Juror — I have positively been pining for 
 some decent food — the stuff the County fed us was 
 atrocious. 
 
 Bailiff {Entering) — All ready, gentlemen! Step 
 this way! 
 
 Spirit of Dignity — A solemn mein is now pre- 
 scribed — and measured step. 
 
 ( The Jury file out followed by the Spirits. Through 
 the open door is seen the Spirit of Justice 
 with shoulders and head drooping — one hand 
 across her eyes, the other outstretched and 
 groping.) 
 The curtain here descends on end of Scene I, Act 
 III. 
 
 CURTAIN 
 
SCENE II 
 
 Same as Scene I, Act II. All persons in same places 
 except Jurors and Spirits. The Spirit of Dig- 
 nity, however, is on the Judge's Bench. The 
 Jury preceded by Bailiff file in through door 
 right forward, pass down the aisle slowly and 
 solemnly and take their former seats. As soon 
 as the jurors are seated the various Spirits ap- 
 pear from behind the purple curtains and take 
 their places behind the jurors. 
 
 Spirit of Vulgarity (To crowd) — It did not take 
 them long. Had it been a Bank Directors' meeting 
 concerning some paltry loan or discount, it would 
 have proven a far more arduous task, methinks. 
 Note their countenances! How solemn they ap- 
 pear ! One would think it was their precious necks 
 and not the "Criminal's" there in jeopardy. 
 
 Spirit of Dignity (To Judge) — Last scene of 
 all! and that most worthy of the cloth in which I 
 have begowned you. 
 
 Spirit of Ambition (To Ford) — It is your fate 
 which we shall hear. 
 
 Spirit of Avarice (To Small) — It is success or 
 failure which awaits you. 
 
 A Newspaper Reporter (To Another News- 
 paper Reporter) — I will have to hurry to get my 
 copy in. 
 
 87 
 
88 THE ARBITRATORS 
 
 Another Newspaper Reporter — Mine went to our 
 paper by relays — we'll have a "scoop." 
 
 Judge — Gentlemen, have you agreed upon a ver- 
 dict? 
 
 Banker Juror — We have, your Honor! 
 
 Judge — Hand it to me, if you please, Mr. 
 Banker! (Banker Juror steps up to Judge's 
 Bench and hands him the written verdict. The 
 Judge reads it to himself and then hands it back to 
 the Banker Juror.) 
 
 Spirit of Vulgarity — Now crane your necks — 
 the denouement comes — miss not a syllable! How 
 tense the air — and how strained the "Criminal" ; the 
 wife leans forward in her seat and holds her breath. 
 See the Cleric there — the one who feeds upon do- 
 nations, so active in support of State that one won- 
 ders did he pray to God the sinner might be hung. 
 The runners of the Court — callous though they be 
 to scenes like these — upon their tip-toes stand. 
 This is the final sauce to morbid gluttony. The 
 Judge alone and Jurors remain calm. 
 
 Judge — Mr. Foreman, you may read the ver- 
 dict! 
 
 Banker Juror {Stands, clears his throat, then 
 reads) — "The State versus Martin Kuhns, Defend- 
 ant: We, the jury in the above entitled cause, find 
 defendant, Martin Kuhns, guilty as charged of 
 murder in the second degree." (Banker Juror 
 looks at the Judge as if for further instructions, 
 the Judge nods, the Banker Juror takes his for- 
 mer seat.) 
 
 Ann {Clutches wildly at Martin) — It cannot 
 be! There must be some mistake — it cannot be! 
 
 Small {Joins Ann and Group) — There! it is 
 
ACT III , 89 
 
 only second degree — that's not so bad. We will 
 appeal anyhow — the record is full of errors. ( Turn- 
 ing to Martin and laying hand on his shoulder.) 
 Better luck next time! 
 
 Martin (Dazed) — Next time! — Next time? I 
 don't know — I didn't mean to kill him! God 
 knows, I didn't. I told the Jury — and the Judge 
 (in despair) — they didn't believe me! (Martin 
 puts one arm around Ann and the other around 
 Adolph. To Ann and Adolph with effort.) 
 Never mind! perhaps it is not so bad — Mr. Small 
 said it was not so bad. You go now — I will be 
 all right ! Mrs. Everhart will go with you. I will 
 see what can be done. (To Mrs. Everhart.) 
 You look after them — I can't do it — now. 
 
 Mrs. Everhart ( To Ann and Adolph, who are 
 both weeping) — There! There! dears, it will be 
 all right; I will look after you till we can make 
 some other plans — come with me. 
 
 Judge — Is that your verdict, gentlemen ? 
 
 Twelve Jurors — It is. 
 
 Judge (To Ford) — Do you waive polling the 
 Jury, Mr. Ford? 
 
 Ford — The State waives. 
 
 Small (Turns and advances to the Judge) — De- 
 fense waives, your Honor! 
 
 Judge — Very well! I will pass sentence on the 
 prisoner at ten o'clock on the morning of April 
 twenty-third, at. which time I will hear any mo- 
 tions you may have to make to the Court. (Turn- 
 ing to Jury.) Gentlemen, before dismissing you I 
 desire to thank you for the patience and courtesy 
 you have displayed throughout the trial of this case 
 and in the performance of your duties. You are 
 
90 THE ARBITRATORS 
 
 now dismissed from further jury duty. ( The Jury 
 step out of jury box and congratulate and shake 
 hands with Ford, who comes forward to meet them. 
 The Bailiff leads Martin out door right for- 
 ward, Ann, Adolph and Mrs. Everhart going 
 with him as far as the door.) 
 
 Bailiff (To Ann and group) — You will have to 
 leave him here. You can see him later at the jail. 
 (As Martin and Bailiff go out, Ann, with her 
 arm around Adolph's shoulder, remains beside 
 door weeping silently — greatly shaken. The 
 Spirit of Fear of Poverty steps up to Ann 
 and Adolph and stretching out her arms draws 
 them both to her breast, enfolding them at the 
 same time in her robes.) 
 Spirit of Fear of Poverty (To Ann and 
 Adolph) — Come under these sheltering robes — I 
 will pledge myself to guard and keep you company. 
 (Fear of Poverty, Ann and Adolph folded in 
 her robes as though under some huge wings, 
 Mrs. Everhart following, exits main en- 
 trance. ) 
 Spirit of Vulgarity — The parting of the ways — 
 exit the wife and boy and goodly company. 
 
 Spirit of Dignity (To Judge) — To "Chambers" 
 we may go where I may gain respite from vigilance 
 and you may breathe again — a human being. 
 
 Spirit of Vulgarity (Reporters intercept Jurors 
 as they are leaving the room) — The show is out — 
 the newsmongers and scandal-gatherers hasten to 
 the ever-grinding press — It's been a rattling day! 
 (The Court Attaches gradually, by ones and 
 twos, withdraw, chatting and laughing as they 
 go. The Judge steps off Bench and retires 
 
ACT III 91 
 
 to his "Chambers" slamming the door in the 
 face of Dignity.) 
 Spirit of Dignity — How quickly cast aside when 
 stern duty calls a day a day! (Joins other Spirits 
 in space around Attorneys' table.) 
 (Ambition, arm in arm with Ford, passes out 
 door, "Clerk" chatting gaily with him as they 
 go. Avarice, arm in arm with Small, 
 passes out the main entrance.) 
 Spirit of Avarice (To Small at door) — Better 
 luck next time! (Other Spirits pass out main en- 
 trance with crowd — Vulgarity last of all, paus- 
 ing in doorway to speak.) 
 
 Spirit of Vulgarity — This day is spent — my 
 Court (pointing to retreating crowd) precedes me 
 to another scene. Whether Church, or home on 
 field, I will join them there. 
 
 (The Spirit of Justice rises painfully from seat 
 beside Attorneys' table and slowly ascends to 
 the witness box. Standing, she pauses a mo- 
 ment and surveys the scene, pushing the band- 
 age off her eyes with the left hand she raises 
 her right arm and finally stretches both arms 
 out over the now vacant Court Room and 
 seats vacated by the crowd.) 
 Spirit of Justice — Ah! but I am halt to-day! 
 Worn and tired from my endless search for Truth, 
 who aids me not. Since that time now centuries 
 a-gone, when none but savages did rule the earth, 
 have I been a wanderer. Ever crowded closer and 
 closer by encroaching civilization, — from frontier 
 to frontier have I hurried till the outposts have 
 receded from my view. Meanwhile, Ambition, 
 Hate, Revenge and Dignity have seared my soul, 
 
92 THE ARBITRATORS 
 
 while Pride and Avarice have chilled my heart. 
 Uneven hang my balance scales; my blinded sight 
 doth lead my feet astray; leaden shod and lagging, 
 halt and most uncertain, by routes circuitous I 
 journey far but for a place to rest. It all availeth 
 nothing — and so it will remain until Truth and 
 Courage are listed in my cause. Till then a limping, 
 blinded, wandering vagabond I must remain. 
 
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