4460736Scarface — Chapter 23Maurice R. Coons

CHAPTER XXIII

The murder trial of Tony Camonte, the famous gang leader, who had come to be considered beyond the reach of the law, was the sensation of the year. The newspapers found it a God-send during a period when other news happened to be scarce, and devoted their front pages to little else. Public opinion as to Tony's guilt and deserving of punishment was sharply divided.

A certain cross-section of the populace poured down maledictions upon his head and consigned him to the gallows, with sighs of relief. But another group, equally numerous, who through the papers, had followed his daring exploits for years, had come to feel an admiration for this extraordinary man who had risen from vassal to czar. These people openly expressed sympathy for him and the hope that he would be acquitted.

For Tony himself, the period of the trial was a time of soul-wrecking terror. Not because of fear of punishment, for he did not fear it; but because of his overwhelming fear that his real iden­tity would be discovered.

Moran prosecuted, assisted by one of the lesser assistant D. A.'s, and it was obvious that they were fighting like tigers for a hanging verdict. Tony's defense consisted of two of the most brilliant criminal lawyers in the city, one a former assistant dis­trict attorney. And the fee they had already re­ceived would enable them to live in comfort for two or three years.

Rosie Guarino was the star witness for the state, of course, but only because Tony chose to allow her to be. His attorneys had relayed to him from his men various proposals for eliminating her from the case, scaring her out of the city, by bombing the Guarino store and home. They even planned kid­naping. And finally they decided upon a cold­-blooded plan for shooting her on the witness stand from the window of an adjoining building.

Tony had angrily vetoed them all, to the bewil­dered disgust of his lawyers and henchmen. He realized that he could stop her instantly by revealing his identity as her brother, but he was more afraid of that fact coming out than he was of the gallows. He had consented, however, to an offer of fifty thousand dollars being made her to slip out of the city and remain away until he had been acquitted and the case forgotten. This offer she had spurned indignantly and promptly given the facts to the newspapers, thereby furnishing them with another sensational headline. Tony secretly was rather proud of her; she was his own sister, all right.

The whole Guarino family was in court the day Rosie testified. Tony looked at them furtively from his position in the front of the court-room before the judge. They were all well-dressed and they seemed well and happy. He felt a little thrill of satisfaction. His ill-gotten gains had done them some good anyway; the generous monthly sum that he gave them secretly through an attor­ney had assured them luxuries and advantages that they never could have enjoyed otherwise.

He saw his mother, dowager-like in a glossy fur coat and a Parisian hat, look at him sharply. For a moment he thought she had recognized him and his heart sank, but he had taken his place so that the throng of spectators could see only the left, the scarred, side of his face. He saw his mother's keen glance turn to contempt and he felt relieved. At that moment he saw himself as others must see him, as a bad boy who hadn't grown up. He was pale and shaken when he turned his attention back to the witness stand.

Rosie gave her testimony with proud defiance and more than one venomous look at him. The prosecution, of course, did not bring out Mike Rinaldo's desperate character, and Tony had forbidden his own attorneys to do so; he refused to stain further the memory of his sister's dead husband. When the state had completed its direct examination of her, one of Tony's attorneys rose for cross-examination.

"Was Mr. Rinaldo completely within your sight from the time he opened the door until you heard the shots and saw him fall?" asked the attorney.

"Yes."

"Didn't you see him suddenly reach for his right hip?"

"Yes."

"Wasn't that before you heard the shots?"

"Yes."

"Then you didn't actually see the defendant shoot Rinaldo?"

"No, but—"

"That's all," said the attorney brusquely.

He turned away then smiled slightly at the sud­den stir that appeared at the prosecution's counsel table; the lawyers there were obviously disconcerted by the extreme shortness of his cross-exami­nation of their star witness.

It was plain that Rosie realized she had made admissions damaging to the state's case. She re­mained in the witness-chair, trying to qualify the statements she had made. But a court attendant ushered her out.

There were other spectators in the court-room that interested Tony. His moll, for instance, Jane Conley, widely known by reputation to police and the underworld as "The Gun Girl," but known by sight to practically none. He was a little puzzled about Jane. She hadn't come near him during his period of incarceration.

As she sat in the court-room, stylishly dressed and easily the most striking woman in the throng of spectators, she gave him no sign of recognition. He resented her air of detachment.

Yet, wanting to find an excuse for her seeming unfriendliness, he was able to find one. The fact that she was his moll had been kept a close secret and it was better that it remain so. The less that was known about the private affairs of a man in his position, the fewer loopholes his enemies had to try to strike him through.

His brother, Detective Lieutenant Ben Guarino, was a constant and interested spectator at the trial. He was a little surprised at his brother's appearance. Ben had taken on weight and his face looked bloated. He'd been hitting the high spots and it was beginning to tell on him.

The last afternoon of the trial, Tony saw his brother seated beside Jane in the first row of spectators. Occasionally they chatted in whispers and several times he saw them exchange a smile. Jealous rage flowed through the gang leader like molten metal and his eyes blazed. With an effort he turned his attention back to the course of the trial. The climax was approaching rapidly.

In their summation to the jury, Moran and his assistant obviously did their utmost to induce the twelve men to bring in a verdict of murder in the first degree. As they verbally flayed him with all the biting vituperation and sarcastic innuendo of which clever criminal lawyers are capable, Tony found it almost beyond his powers of self-control to remain in his chair. His strong hands gripped the chair arms until his knuckles gleamed white with the effort. His swarthy face flushed to a deep purple and his fingers itched to get at the throats of these hypocrites who characterized him an in­corrigible menace to mankind. The automobiles in which they rode had been paid for with his money.

But he relaxed when his own attorneys had their inning. He even smiled slightly once or twice at some of their cleverly sarcastic quips at the ex­pense of the prosecution. They made the thing out so simply; showed the whole charge to be utterly ridiculous and unproved. They characterized a possible conviction as the most monstrous miscarriage of justice that could ever blot the records of a state. But the jury seemed less interested in the vividly pictured horrors of guilty consciences for convicting an innocent man than they did in the appearance of ten of Tony's best gunmen seated in the first two rows of spectators. They were swarthy, well-dressed young men who surveyed the jurors unsmilingly with cold, hard eyes.

The judge had been paid $10,000 to make his instructions to the jury as favorable as possible to Tony and he went as far as he dared, to earn his fee. The jury required just fourteen minutes to bring in a verdict of "Not guilty." And everybody realized that those ten grimly silent young men had been the deciding factor.

There had been instances where jurors convict­ing gangsters had been shot, their homes bombed or their children kidnaped. Law and order and duty were all very well, but there was no appeal from a bomb or a bullet. And the law is notoriously lax in protecting its upholders, once their use­fulness has ceased.

Tony shook hands with every juror. And some of them were as flustered as though meeting the President. The next day he sent each one a case of uncut whisky.

Tony waited, chatting with his lawyers, until the spectators had dispersed, then he walked out of the court-room a free man, but a man full of deep grievances that must be avenged.

In the doorway lounged Detective Lieutenant Ben Guarino.

"You'll get yours yet. Big Shot," he rasped.

Tony hurried on without indicating that he had heard. In the hallway, his bodyguard awaited him. Quickly they surrounded him, as they had been trained to do and escorted him downstairs and out­side to the big sedan with the bullet-proof glass. At a respectful distance watched a crowd that filled the street. The flutter and craning of necks that followed his appearance would have satisfied the greatest celebrity.

Nearby a half-dozen newspapermen clamored for an interview and innumerable photographers were frantically trying to snap pictures. Being slightly shorter than the average, Tony purposely had chosen for his bodyguard the tallest men in his mob. Ordinarily they served to protect him from the bullets of ambitious assassins. Now the ring of men served equally well to protect him from the almost as annoying camera lenses. But he spoke to the reporters for a moment.

"I'm through with all the rackets, boys," he announced. "I've got enough money and I'm done. Johnny Lovo had the right idea. I'm going into the real estate business."

He stepped into the sedan and the escort of three cars swept away. Tony Camonte was a czar again.