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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..674d763 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #51956 (https://www.gutenberg.org/ebooks/51956) diff --git a/old/51956-8.txt b/old/51956-8.txt deleted file mode 100644 index bdfbc38..0000000 --- a/old/51956-8.txt +++ /dev/null @@ -1,5836 +0,0 @@ -The Project Gutenberg EBook of The Strange Schemes of Randolph Mason, by -Melville Davisson Post - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - - - -Title: The Strange Schemes of Randolph Mason - -Author: Melville Davisson Post - -Release Date: May 2, 2016 [EBook #51956] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK STRANGE SCHEMES *** - - - - -Produced by David Widger from page images generously -provided by the Internet Archive - - - - - - - - - -THE STRANGE SCHEMES OF RANDOLPH MASON - -By Melville Davisson Post - -Author Of "The Clients Of Randolph Mason" - -G. P. Putnam's Sons - -New York and London - -1896 - - -TO - -JOHN A. HOWARD - -SKILFUL LAWYER, AND COURTEOUS GENTLEMAN - - - - -THE STRANGE SCHEMES OF RANDOLPH MASON. - - - - -INTRODUCTION. - -THE teller of strange tales is not the least among benefactors of men. -His cup of Lethe is welcome at times even to the strongest, when the -_tædium vito_ of the commonplace is in its meridian. To the aching -victim of evil fortune, it is ofttimes the divine anaesthetic. - -To-day a bitter critic calls down to the storyteller, bidding him turn -out with the hewers of wood and the drawers of water, for the reason -that there is no new thing, and the pieces with which he seeks to build -are ancient and well worn. "At best," he cries, "the great one among you -can produce but combinations of the old, some quaint, some monstrous, -and all weary." But the writer does not turn out, and the world swings -merrily on. - -Perhaps the critic forgets that if things are old, men are new; that -while the grain field stands fast, the waves passing over it are not one -like the other. The new child is the best answer. - -The reader is a clever tyrant. He demands something more than people -of mist. There must be tendons in the ghost hand, and hard bones in the -phantom, else he feels that he has been cheated. - -Perhaps, of all things, the human mind loves best the problem. Not -the problem of the abacus, but the problem of the chess-board when the -pieces are living; the problem with passion and peril in it; with the -fresh air of the hills and the salt breath of the sea. It propounds this -riddle to the writer: Create mind-children, O Magician, with red blood -in their faces, who, by power inherited from you, are enabled to secure -the fruits of drudgery, without the drudgery. Nor must the genius of -Circumstance help. Make them do what we cannot do, good Magician, but -make them of clay as we are. We know all the old methods so well, and we -are weary of them. Give us new ones. - -Exacting is this taskmaster. It demands that the problem builder -cunningly join together the Fancy and the Fact, and thereby enchant and -bewilder, but not deceive. It demands all the mighty motives of life in -the problem. Thus it happens that the toiler has tramped and retramped -the field of crime. Poe and the French writers constructed masterpieces -in the early day. Later came the flood of "Detective Stories" until -the stomach of the reader failed. Yesterday, Mr. Conan Doyle created -Sherlock Holmes, and the public pricked up its ears and listened with -interest. - -It is significant that the general plan of this kind of tale has never -once been changed to any degree. The writers, one and all, have labored, -often with great genius, to construct problems in crime, where by acute -deduction the criminal and his methods were determined; or, reversing -it, they have sought to plan the crime so cunningly as to effectually -conceal the criminal and his methods. The intent has always been to -baffle the trailer, and when the identity of the criminal was finally -revealed, the story ended. - -The high ground of the field of crime has not been explored; it has not -even been entered. The book-stalls have been filled to weariness with -tales based upon plans whereby the _detective_, or _ferreting_ power -of the State might be baffled. But, prodigious marvel! no writer has -attempted to construct tales based upon plans whereby the _punishing_ -power of the State might be baffled. - -The distinction, if one pauses for a moment to consider it, is striking. -It is possible, even easy, deliberately to plan crimes so that the -criminal agent and the criminal agency cannot be detected. Is it -possible to plan and execute wrongs in such a manner that they will have -all the effect and all the resulting profit of desperate crimes and yet -not be crimes before the law? - -There is, perhaps, nothing of which the layman is so grossly ignorant -as of the law. He has grown to depend upon what he is pleased to call -common sense. Indeed his refrain, "The law is common sense," has at -times been echoed by the judiciary. There was never a graver error. The -common sense of the common man is at best a poor guide to the criminal -law. It is no guide at all to the civil law. - -There is here no legal heresy. Lord Coke, in the seventeenth century, -declared that the law was not the natural reason of man, and that men -could not, out of their common reason, make such laws as the laws of -England were. The laws have not grown simpler, surely, and if they could -not be constructed by the common reason of men, they could certainly not -be determined by it. That men have but indistinct ideas of the law is to -be regretted and deplored. For their protection they should know it; and -there is need of this protection. The voices of all men were not joined -in the first great cry for law and order, nor are they all joined now. -The hands of a part of mankind have ever been set against their fellows; -for what great reason no man can tell. Maybe the Potter marred some, and -certainly evil Circumstance marred some. But, by good hap, industry has -always, and intelligence has usually, been on the law's side. Ofttimes, -however, the Ishmælites raise up a genius and he, spying deep, sees the -weak places in the law and the open holes in it, and forces through, -to the great hurt of his fellows. And men standing in the market-places -marvel. - -We are prone to forget that the law is no perfect structure, that it -is simply the result of human labor and human genius, and that whatever -laws human ingenuity can create for the protection of men, those same -laws human ingenuity can evade. The Spirit of Evil is no dwarf; he has -developed equally with the Spirit of Good. - -All wrongs are not crimes. Indeed only those wrongs are crimes in which -certain technical elements are present. The law provides a Procrustean -standard for all crimes. Thus a wrong, to become criminal, must fit -exactly into the measure laid down by the law, else it is no crime; -if it varies never so little from the legal measure, the law must, and -will, refuse to regard it as criminal, no matter how injurious a wrong -it may be. There is no measure of morality, or equity, or common right -that can be applied to the individual case. The gauge of the law is -iron-bound. The wrong measured by this gauge is either a crime or it is -not. There is no middle ground. - -Hence is it, that if one knows well the technicalities of the law, one -may commit horrible wrongs that will yield all the gain and all the -resulting effect of the highest crimes, and yet the wrongs perpetrated -will constitute no one of the crimes described by the law. Thus the -highest crimes, even murder, may be committed in such manner that -although the criminal is known and the law holds him in custody, yet it -cannot punish him. So it happens that in this year of our Lord of the -nineteenth century, the skilful attorney marvels at the stupidity of the -rogue who, committing crimes by the ordinary methods, subjects himself -to unnecessary peril, when the result which he seeks can easily be -attained by other methods, equally expeditious and without danger of -liability in any criminal tribunal This is the field into which the -author has ventured, and he believes it to be new and full of interest. - -In order to develop these legal problems the author appreciated the need -for a central figure. This central figure must of necessity be a lawyer -of shrewdness and ability. Here a grave difficulty presented itself. -No attorney, unless he were a superlative knave, could be presumed to -suggest the committing of wrongs entailing grievous injury upon innocent -men. On the other hand, no knave vicious enough to resort to such wrongs -could be presumed to have learning enough to plan them, else he would -not be driven to such straits. Hence the necessity for a character who -should be without moral sense and yet should possess all the requisite -legal acumen. Such a character is Randolph Mason, and while he may seem -strange he is not impossible. - -That great shocks and dread maladies may lop off a limb of the human -mind and leave the other portions perfect, nay, may even wrench the -human soul into one narrow groove, is the common lesson of the clinic -and the mad-house. An intellect, keen, powerful, and yet devoid of any -sense of moral obligation, would be no passing wonder to the skilled -physician; for no one knows better than he that often in the house of -the soul there are great chambers locked and barred and whole passages -sealed up in the dark. Nor do men marvel that great minds concentrated -on some mighty labor grow utterly oblivious to human relations and see -and care for naught save the result which they are seeking. The chemist -forgets that the diamond is precious, and burns it; the surgeon forgets -that his patient is living and that the knife hurts as it cuts. Might -not the great lawyer, striving tirelessly with the problems of men, come -at last to see only the problem, with the people in it as pieces on a -chess-board? - -It may be objected that the writer has prepared here a text-book for the -shrewd knave. To this it is answered that, if he instructs the enemies, -he also warns the friends of law and order; and that Evil has never yet -been stronger because the sun shone on it. - -It should not be forgotten that this book deals with the law as it is -and with no fanciful interpretation of it. The colors are woven into a -gray warp of ancient and well settled legal principles, obtaining with -full virtue in almost every state. The formula for every wrong in this -book is as practical as the plan of an architect and may be played out -by any skilful villain. Nor should it be presumed that the instances -dealt with are exhaustive. The writer has presented but a few of the -simpler and more conspicuous; there is, in truth, many another. Indeed -the wonder grows upon him that the thief should stay up at night to -steal. - -Wheeling, W. Va., June 1, 1896. - - - - - -I--THE CORPUS DELICTI - - -_[See Lord Hale's Rule, Russell on Crimes. For the law in New York see -18th N. Y. Reports, 179; also N. Y. Reports, 49* page 137. The doctrine -there laid down obtains in almost every State, with the possible -exception of a few Western States, where the decisions are muddy.]_ - - - - -I. - -THAT man Mason," said Samuel Walcott, "is the mysterious member of this -club. - -He is more than that; he is the mysterious man of New York." - -"I was much surprised to see him," answered his companion, Marshall St. -Clair, of the great law firm of Seward, St. Clair, & De Muth. "I had -lost track of him since he went to Paris as counsel for the American -stockholders of the Canal Company. When did he come back to the States?" - -"He turned up suddenly in his ancient haunts about four months ago," -said Walcott, "as grand, gloomy, and peculiar as Napoleon ever was in -his palmiest days. The younger members of the club call him 'Zanona -Redivivus'. He wanders through the house usually late at night, -apparently without noticing anything or anybody. His mind seems to be -deeply and busily at work, leaving his bodily self to wander as it -may happen. Naturally, strange stories are told of him; indeed, his -individuality and his habit of doing some unexpected thing, and doing -it in such a marvellously original manner that men who are experts at it -look on in wonder, cannot fail to make him an object of interest. He has -never been known to play at any game whatever, and yet one night he sat -down to the chess table with old Admiral Du Brey. You know the Admiral -is the great champion since he beat the French and English officers in -the tournament last winter. Well, you also know that the conventional -openings at chess are scientifically and accurately determined. To -the utter disgust of Du Brey, Mason opened the game with an unheard of -attack from the extremes of the board. The old Admiral stopped and, in -a kindly patronizing way, pointed out the weak and absurd folly of his -move and asked him to begin again with some one of the safe openings. -Mason smiled and answered that if one had a head that he could trust he -should use it; if not, then it was the part of wisdom to follow blindly -the dead forms of some man who had a head. Du Brey was naturally angry -and set himself to demolish Mason as quickly as possible. The game was -rapid for a few moments. Mason lost piece after piece. His opening was -broken and destroyed and its utter folly apparent to the lookers-on. The -Admiral smiled and the game seemed all one-sided, when, suddenly, to -his utter horror, Du Brey found that his king was in a trap. The foolish -opening had been only a piece of shrewd strategy. The old Admiral fought -and cursed and sacrificed his pieces, but it was of no use. He was gone. -Mason checkmated him in two moves and arose wearily. - -"'Where in Heaven's name, man,' said the old Admiral, thunderstruck, -'did you learn that masterpiece?' - -"'Just here,' replied Mason. 'To play chess, one should know his -opponent. How could the dead masters lay down rules by which you could -be beaten, sir? They had never seen you'; and thereupon he turned and -left the room. Of course, St. Clair, such a strange man would soon -become an object of all kinds of mysterious rumors. Some are true and -some are not. At any rate, I know that Mason is an unusual man with a -gigantic intellect. Of late he seems to have taken a strange fancy to -me. In fact, I seem to be the only member of the club that he will -talk with, and I confess that he startles and fascinates me. He is an -original genius, St. Clair, of an unusual order." - -"I recall vividly," said the younger man, "that before Mason went to -Paris he was considered one of the greatest lawyers of this city and he -was feared and hated by the bar at large. He came here, I believe, from -Virginia and began with the high-grade criminal practice. He soon became -famous for his powerful and ingenious defences. He found holes in the -law through which his clients escaped, holes that by the profession at -large were not suspected to exist, and that frequently astonished the -judges. His ability caught the attention of the great corporations. They -tested him and found in him learning and unlimited resources. He pointed -out methods by which they could evade obnoxious statutes, by which they -could comply with the apparent letter of the law and yet violate its -spirit, and advised them well in that most important of all things, just -how far they could bend the law without breaking it. At the time he left -for Paris he had a vast clientage and was in the midst of a brilliant -career. The day he took passage from New York, the bar lost sight of -him. No matter how great a man may be, the wave soon closes over him in -a city like this. In a few years Mason was forgotten. Now only the older -practitioners would recall him, and they would do so with hatred and -bitterness. He was a tireless, savage, uncompromising fighter, always a -recluse." - -"Well," said Walcott, "he reminds me of a great world-weary cynic, -transplanted from some ancient mysterious empire. When I come into the -man's presence I feel instinctively the grip of his intellect. I tell -you, St. Clair, Randolph Mason is the mysterious man of New York." - -At this moment a messenger boy came into the room and handed Mr. Walcott -a telegram. "St. Clair," said that gentleman, rising, "the directors of -the Elevated are in session, and we must hurry." - -The two men put on their coats and left the house. - -Samuel Walcott was not a club man after the manner of the Smart Set, and -yet he was in fact a club man. He was a bachelor in the latter thirties, -and resided in a great silent house on the avenue. On the street he was -a man of substance, shrewd and progressive, backed by great wealth. He -had various corporate interests in the larger syndicates, but the basis -and foundation of his fortune was real estate. His houses on the avenue -were the best possible property, and his elevator row in the importers' -quarter was indeed a literal gold mine. It was known that, many years -before, his grandfather had died and left him the property, which, at -that time, was of no great value. Young Walcott had gone out into -the gold-fields and had been lost sight of and forgotten. Ten years -afterward he had turned up suddenly in New York and taken possession -of his property, then vastly increased in value. His speculations were -almost phenomenally successful, and, backed by the now enormous value of -his real property, he was soon on a level with the merchant princes. -His judgment was considered sound, and he had the full confidence of -his business associates for safety and caution. Fortune heaped up riches -around him with a lavish hand. He was unmarried and the halo of his -wealth caught the keen eye of the matron with marriageable daughters. -He was invited out, caught by the whirl of society, and tossed into its -maelstrom. In a measure he reciprocated. He kept horses and a yacht. His -dinners at Delmonico's and the club were above reproach. But with all he -was a silent man with a shadow deep in his eyes, and seemed to court the -society of his fellows, not because he loved them, but because he either -hated or feared solitude. For years the strategy of the match-maker -had gone gracefully afield, but Fate is relentless. If she shields -the victim from the traps of men, it is not because she wishes him to -escape, but because she is pleased to reserve him for her own trap. -So it happened that, when Virginia St. Clair assisted Mrs. Miriam -Steuvisant at her midwinter reception, this same Samuel Walcott fell -deeply and hopelessly and utterly in love, and it was so apparent to the -beaten generals present, that Mrs. Miriam Steuvisant applauded -herself, so to speak, with encore after encore. It was good to see this -courteous, silent man literally at the feet of the young debutante. He -was there of right. Even the mothers of marriageable daughters admitted -that. The young girl was brown-haired, brown-eyed, and tall enough, said -the experts, and of the blue blood royal, with all the grace, courtesy, -and inbred genius of such princely heritage. - -Perhaps it was objected by the censors of the Smart Set that Miss St. -Clair's frankness and honesty were a trifle old-fashioned, and that -she was a shadowy bit of a Puritan; and perhaps it was of these same -qualities that Samuel Walcott received his hurt. At any rate the hurt -was there and deep, and the new actor stepped up into the old time-worn, -semi-tragic drama, and began his rôle with a tireless, utter sincerity -that was deadly dangerous if he lost. - - - - -II - - -Perhaps a week after the conversation between St. Clair and Walcott, -Randolph Mason stood in the private writing-room of the club with his -hands behind his back. - -He was a man apparently in the middle forties; tall and reasonably broad -across the shoulders; muscular without being either stout or lean. His -hair was thin and of a brown color, with erratic streaks of gray. His -forehead was broad and high and of a faint reddish color. His eyes were -restless inky black, and not over-large. The nose was big and muscular -and bowed. The eyebrows were black and heavy, almost bushy. There were -heavy furrows, running from the nose downward and outward to the corners -of the mouth. The mouth was straight and the jaw was heavy, and square. - -Looking at the face of Randolph Mason from above, the expression in -repose was crafty and cynical; viewed from below upward, it was savage -and vindictive, almost brutal; while from the front, if looked squarely -in the face, the stranger was fascinated by the animation of the man and -at once concluded that his expression was fearless and sneering. He was -evidently of Southern extraction and a man of unusual power. - -A fire smouldered on the hearth. It was a crisp evening in the early -fall, and with that far-off touch of melancholy which ever heralds the -coming winter, even in the midst of a city. The man's face looked tired -and ugly. His long white hands were clasped tight together. His entire -figure and face wore every mark of weakness and physical exhaustion; but -his eyes contradicted. They were red and restless. - -In the private dining-room the dinner party was in the best of spirits. -Samuel Walcott was happy. Across the table from him was Miss Virginia -St. Clair, radiant, a tinge of color in her cheeks. On either side, -Mrs. Miriam Steuvisant and Marshall St. Clair were brilliant and -light-hearted. Walcott looked at the young girl and the measure of his -worship was full. He wondered for the thousandth time how she could -possibly love him and by what earthly miracle she had come to accept -him, and how it would be always to have her across the table from him, -his own table in his own house. - -They were about to rise from the table when one of the waiters entered -the room and handed Walcott an envelope. He thrust it quickly into his -pocket In the confusion of rising the others did not notice him, but -his face was ash-white and his hands trembled violently as he placed the -wraps around the bewitching shoulders of Miss St. Clair. - -"Marshall," he said, and despite the powerful effort his voice was -hollow, "you will see the ladies safely cared for, I am called to attend -a grave matter." - -"All right, Walcott," answered the young man, with cheery good-nature, -"you are too serious, old man, trot along." - -"The poor dear," murmured Mrs. Steuvisant, after Walcott had helped them -to the carriage and turned to go up the steps of the club,--"The poor -dear is hard hit, and men are such funny creatures when they are hard -hit." - -Samuel Walcott, as his fate would, went direct to the private -writing-room and opened the door. The lights were not turned on and in -the dark he did not see Mason motionless by the mantel-shelf. He went -quickly across the room to the writing-table, turned on one of the -lights, and, taking the envelope from his pocket, tore it open. Then he -bent down by the light to read the contents. As his eyes ran over the -paper, his jaw fell. The skin drew away from his cheek-bones and his -face seemed literally to sink in. His knees gave way under him and he -would have gone down in a heap had it not been for Mason's long arms -that closed around him and held him up. The human economy is ever -mysterious. The moment the new danger threatened, the latent power -of the man as an animal, hidden away in the centres of intelligence, -asserted itself. His hand clutched the paper and, with a half slide, he -turned in Mason's arms. For a moment he stared up at the ugly man whose -thin arms felt like wire ropes. - -"You are under the dead-fall, aye," said Mason. "The cunning of my enemy -is sublime." - -"Your enemy?" gasped Walcott. "When did you come into it? How in God's -name did you know it? How your enemy?" - -Mason looked down at the wide bulging eyes of the man. - -"Who should know better than I?" he said. "Haven't I broken through all -the traps and plots that she could set?" - -"She? She trap you?" The man's voice was full of horror. - -"The old schemer," muttered Mason. "The cowardly old schemer, to strike -in the back; but we can beat her. She did not count on my helping -you--I, who know her so well." - -Mason's face was red, and his eyes burned. In the midst of it all he -dropped his hands and went over to the fire. Samuel Walcott arose, -panting, and stood looking at Mason, with his hands behind him on the -table. The naturally strong nature and the rigid school in which the man -had been trained presently began to tell. His composure in part returned -and he thought rapidly. What did this strange man know? Was he simply -making shrewd guesses, or had he some mysterious knowledge of this -matter? Walcott could not know that Mason meant only Fate, that he -believed her to be his great enemy. Walcott had never before doubted his -own ability to meet any emergency. This mighty jerk had carried him off -his feet. He was unstrung and panic-stricken. At any rate this man had -promised help. He would take it. He put the paper and envelope carefully -into his pocket, smoothed out his rumpled coat, and going over to Mason -touched him on the shoulder. - -"Come," he said, "if you are to help me we must go." - -The man turned and followed him without a word. In the hall Mason put -on his hat and overcoat, and the two went out into the street. Walcott -hailed a cab, and the two were driven to his house on the avenue. -Walcott took out his latch-key, opened the door, and led the way into -the library. He turned on the light and motioned Mason to seat himself -at the table. Then he went into another room and presently returned with -a bundle of papers and a decanter of brandy. He poured out a glass of -the liquor and offered it to Mason. The man shook his head. Walcott -poured the contents of the glass down his own throat. Then he set the -decanter down and drew up a chair on the side of the table opposite -Mason. - -"Sir," said Walcott, in a voice deliberate, indeed, but as hollow as a -sepulchre, "I am done for. God has finally gathered up the ends of the -net, and it is knotted tight." - -"Am I not here to help you?" said Mason, turning savagely. "I can beat -Fate. Give me the details of her trap." - -He bent forward and rested his arms on the table. His streaked gray hair -was rumpled and on end, and his face was ugly. For a moment Walcott did -not answer. He moved a little into the shadow; then he spread the bundle -of old yellow papers out before him. - -"To begin with," he said, "I am a living lie, a gilded crime-made sham, -every bit of me. There is not an honest piece anywhere. It is all lie. -I am a liar and a thief before men. The property which I possess is not -mine, but stolen from a dead man. The very name which I bear is not my -own, but is the bastard child of a crime. I am more than all that--I am -a murderer; a murderer before the law; a murderer before God; and worse -than a murderer before the pure woman whom I love more than anything -that God could make." - -He paused for a moment and wiped the perspiration from his face. - -"Sir," said Mason, "this is all drivel, infantile drivel. What you are -is of no importance. How to get out is the problem, how to get out." - -Samuel Walcott leaned forward, poured out a glass of brandy and -swallowed it. - -"Well," he said, speaking slowly, "my right name is Richard Warren. In -the spring of 1879 I came to New York and fell in with the real Samuel -Walcott, a young man with a little money and some property which his -grandfather had left him. We became friends, and concluded to go to the -far west together. Accordingly we scraped together what money we could -lay our hands on, and landed in the gold-mining regions of California. -We were young and inexperienced, and our money went rapidly. One April -morning we drifted into a little shack camp, away up in the Sierra -Nevadas, called Hell's Elbow. Here we struggled and starved for perhaps -a year. Finally, in utter desperation, Walcott married the daughter of a -Mexican gambler, who ran an eating-house and a poker joint. With them we -lived from hand to mouth in a wild God-forsaken way for several years. -After a time the woman began to take a strange fancy to me. Walcott -finally noticed it, and grew jealous. - -"One night, in a drunken brawl, we quarrelled, and I killed him. It was -late at night, and, beside the woman, there were four of us in the poker -room,--the Mexican gambler, a half-breed devil called Cherubim Pete, -Walcott, and myself. When Walcott fell, the half-breed whipped out his -weapon, and fired at me across the table; but the woman, Nina San Croix, -struck his arm, and, instead of killing me, as he intended, the bullet -mortally wounded her father, the Mexican gambler. I shot the half-breed -through the forehead, and turned round, expecting the woman to attack -me. On the contrary, she pointed to the window, and bade me wait for her -on the cross-trail below. - -"It was fully three hours later before the woman joined me at the place -indicated. She had a bag of gold dust, a few jewels that belonged to her -father, and a package of papers. I asked her why she had stayed behind -so long, and she replied that the men were not killed outright, and that -she had brought a priest to them and waited until they had died. -This was the truth, but not all the truth. Moved by superstition or -foresight, the woman had induced the priest to take down the sworn -statements of the two dying men, seal it, and give it to her. This paper -she brought with her. All this I learned afterwards. At the time I knew -nothing of this damning evidence. - -"We struck out together for the Pacific coast. The country was lawless. -The privations we endured were almost past belief. At times the woman -exhibited cunning and ability that were almost genius; and through -it all, often in the very fingers of death, her devotion to me never -wavered. It was dog-like, and seemed to be her only object on earth. -When we reached San Francisco, the woman put these papers into my -hands." Walcott took up the yellow package, and pushed it across the -table to Mason. - -"She proposed that I assume Walcott's name, and that we come boldly to -New York and claim the property. I examined the papers, found a copy -of the will by which Walcott inherited the property, a bundle of -correspondence, and sufficient documentary evidence to establish his -identity beyond the shadow of a doubt. Desperate gambler as I now was, -I quailed before the daring plan of Nina San Croix. I urged that I, -Richard Warren, would be known, that the attempted fraud would be -detected and would result in investigation, and perhaps unearth the -whole horrible matter. - -"The woman pointed out how much I resembled Walcott, what vast changes -ten years of such life as we had led would naturally be expected to make -in men, how utterly impossible it would be to trace back the fraud -to Walcott's murder at Hell's Elbow, in the wild passes of the -Sierra Nevadas. She bade me remember that we were both outcasts, both -crime-branded, both enemies of man's law and God's; that we had nothing -to lose; we were both sunk to the bottom. Then she laughed, and said -that she had not found me a coward until now, but that if I had turned -chicken-hearted, that was the end of it, of course. The result was, we -sold the gold dust and jewels in San Francisco, took on such evidences -of civilization as possible, and purchased passage to New York on the -best steamer we could find. - -"I was growing to depend on the bold gambler spirit of this woman, Nina -San Croix; I felt the need of her strong, profligate nature. She was -of a queer breed and a queerer school. Her mother was the daughter of -a Spanish engineer, and had been stolen by the Mexican, her father. -She herself had been raised and educated as best might be in one of -the monasteries along the Rio Grande, and had there grown to womanhood -before her father, fleeing into the mountains of California, carried her -with him. - -"When we landed in New York I offered to announce her as my wife, but -she refused, saying that her presence would excite comment and perhaps -attract the attention of Walcott's relatives. We therefore arranged that -I should go alone into the city, claim the property, and announce myself -as Samuel Walcott, and that she should remain under cover until such -time as we would feel the ground safe under us. - -"Every detail of the plan was fatally successful. I established my -identity without difficulty and secured the property. It had increased -vastly in value, and I, as Samuel Walcott, soon found myself a rich man. -I went to Nina San Croix in hiding and gave her a large sum of money, -with which she purchased a residence in a retired part of the city, far -up in the northern suburb. Here she lived secluded and unknown while I -remained in the city, living here as a wealthy bachelor. - -"I did not attempt to abandon the woman, but went to her from time to -time in disguise and under cover of the greatest secrecy. For a -time everything ran smooth, the woman was still devoted to me above -everything else, and thought always of my welfare first and seemed -content to wait so long as I thought best. My business expanded. I was -sought after and consulted and drawn into the higher life of New York, -and more and more felt that the woman was an albatross on my neck. I put -her off with one excuse after another. Finally she began to suspect -me and demanded that I should recognize her as my wife. I attempted to -point out the difficulties. She met them all by saying that we should -both go to Spain, there I could marry her and we could return to America -and drop into my place in society without causing more than a passing -comment. - -"I concluded to meet the matter squarely once for all. I said that I -would convert half of the property into money and give it to her, but -that I would not marry her. She did not fly into a storming rage as I -had expected, but went quietly out of the room and presently returned -with two papers, which she read. One was the certificate of her marriage -to Walcott duly authenticated; the other was the dying statement of her -father, the Mexican gambler, and of Samuel Walcott, charging me with -murder. It was in proper form and certified by the Jesuit priest. - -"Now," she said, sweetly, when she had finished, 'which do you prefer, -to recognize your wife, or to turn all the property over to Samuel -Walcott's widow and hang for his murder?' - -"I was dumbfounded and horrified. I saw the trap that I was in and I -consented to do anything she should say if she would only destroy the -papers. This she refused to do. I pleaded with her and implored her to -destroy them. Finally she gave them to me with a great show of returning -confidence, and I tore them into bits and threw them into the fire. - -"That was three months ago. We arranged to go to Spain and do as she -said. She was to sail this morning and I was to follow. Of course I -never intended to go. I congratulated myself on the fact that all trace -of evidence against me was destroyed and that her grip was now broken. -My plan was to induce her to sail, believing that I would follow. When -she was gone I would marry Miss St. Clair, and if Nina San Croix -should return I would defy her and lock her up as a lunatic. But I was -reckoning like an infernal ass, to imagine for a moment that I could -thus hoodwink such a woman as Nina San Croix. - -"To-night I received this." Walcott took the envelope from his pocket -and gave it to Mason. "You saw the effect of it; read it and you will -understand why. I felt the death hand when I saw her writing on the -envelope." - -Mason took the paper from the envelope. It was written in Spanish, and -ran: - -"Greeting to Richard Warren. - -"The great Senor does his little Nina injustice to think she would go -away to Spain and leave him to the beautiful American. She is not so -thoughtless. Before she goes, she shall be, Oh so very rich! and the -dear Senor shall be, Oh so very safe! The Archbishop and the kind Church -hate murderers. - -"Nina San Croix. - -"Of course, fool, the papers you destroyed were copies. - -"N. San C." - -To this was pinned a line in a delicate aristocratic hand, saying that -the Archbishop would willingly listen to Madam San Croix's statement if -she would come to him on Friday morning at eleven. - -"You see," said Walcott, desperately, "there is no possible way out. I -know the woman--when she decides to do a thing that is the end of it. -She has decided to do this." - -Mason turned around from the table, stretched out his long legs, and -thrust his hands deep into his pockets. Walcott sat with his head down, -watching Mason hopelessly, almost indifferently, his face blank and -sunken. The ticking of the bronze clock on the mantel-shelf was loud, -painfully loud. Suddenly Mason drew his knees in and bent over, put both -his bony hands on the table, and looked at Walcott. - -"Sir," he said, "this matter is in such shape that there is only one -thing to do. This growth must be cut out at the roots, and cut out -quickly. This is the first fact to be determined, and a fool would know -it. The second fact is that you must do it yourself. Hired killers are -like the grave and the daughters of the horse-leech,--they cry always, -'Give, Give,' They are only palliatives, not cures. By using them you -swap perils. You simply take a stay of execution at best. The common -criminal would know this. These are the facts of your problem. The -master plotters of crime would see here but two difficulties to meet: - -"A practical method for accomplishing the body of the crime. - -"A cover for the criminal agent. - -"They would see no farther, and attempt to guard no farther. After they -had provided a plan for the killing, and a means by which the killer -could cover his trail and escape from the theatre of the homicide, they -would believe all the requirements of the problems met, and would stop. -The greatest, the very giants among them, have stopped here and have -been in great error. - -"In every crime, especially in the great ones, there exists a third -element, pre-eminently vital. This third element the master plotters -have either overlooked or else have not had the genius to construct. -They plan with rare cunning to baffle the victim. They plan with vast -wisdom, almost genius, to baffle the trailer. But they fail utterly -to provide any plan for baffling the punisher. Ergo, their plots are -fatally defective and often result in ruin. Hence the vital necessity -for providing the third element--the _escape ipso jure_." - -Mason arose, walked around the table, and put his hand firmly on Samuel -Walcott's shoulder. "This must be done to-morrow night," he continued; -"you must arrange your business matters to-morrow and announce that you -are going on a yacht cruise, by order of your physician, and may -not return for some weeks. You must prepare your yacht for a voyage, -instruct your men to touch at a certain point on Staten Island, and wait -until six o'clock day after to-morrow morning. If you do not come aboard -by that time, they are to go to one of the South American ports -and remain until further orders. By this means your absence for an -indefinite period will be explained. You will go to Nina San Croix in -the disguise which you have always used, and from her to the yacht, -and by this means step out of your real status and back into it without -leaving traces. I will come here to-morrow evening and furnish you with -everything that you shall need and give you full and exact instructions -in every particular. These details you must execute with the greatest -care, as they will be vitally essential to the success of my plan." - -Through it all Walcott had been silent and motionless. Now he arose, and -in his face there must have been some premonition of protest, for Mason -stepped back and put out his hand. "Sir," he said, with brutal emphasis, -"not a word. Remember that you are only the hand, and the hand does not -think." Then he turned around abruptly and went out of the house. - - - - -III. - -The place which Samuel Walcott had selected for the residence of Nina -San Croix was far up in the northern suburb of New York. The place -was very old. The lawn was large and ill-kept; the house, a square -old-fashioned brick, was set far back from the street, and partly hidden -by trees. Around it all was a rusty iron fence. The place had the air of -genteel ruin, such as one finds in the Virginias. - -On a Thursday of November, about three o'clock in the afternoon, a -little man, driving a dray, stopped in the alley at the rear of the -house. As he opened the back gate an old negro woman came down the steps -from the kitchen and demanded to know what he wanted. The drayman asked -if the lady of the house was in. The old negro answered that she was -asleep at this hour and could not be seen. - -"That is good," said the little man, "now there won't be any row. I -brought up some cases of wine which she ordered from our house last week -and which the Boss told me to deliver at once, but I forgot it until -to-day. Just let me put it in the cellar now, Auntie, and don't say -a word to the lady about it and she won't ever know that it was not -brought up on time." - -The drayman stopped, fished a silver dollar out of his pocket, and gave -it to the old negro. "There now, Auntie," he said, "my job depends upon -the lady not knowing about this wine; keep it mum." - -"Dat's all right, honey," said the old servant, beaming like a May -morning. "De cellar door is open, carry it all in and put it in de back -part and nobody aint never going to know how long it has been in 'dar." - -The old negro went back into the kitchen and the little man began to -unload the dray. He carried in five wine cases and stowed them away in -the back part of the cellar as the old woman had directed. Then, after -having satisfied himself that no one was watching, he took from the dray -two heavy paper sacks, presumably filled with flour, and a little bundle -wrapped in an old newspaper; these he carefully hid behind the wine -cases in the cellar. After a while he closed the door, climbed on his -dray, and drove off down the alley. - -About eight o'clock in the evening of the same day, a Mexican sailor -dodged in the front gate and slipped down to the side of the house. He -stopped by the window and tapped on it with his finger. In a moment a -woman opened the door. She was tall, lithe, and splendidly proportioned, -with a dark Spanish face and straight hair. The man stepped inside. The -woman bolted the door and turned round. - -"Ah," she said, smiling, "it is you, Senor? How good of you." - -The man started. "Whom else did you expect?" he said quickly. - -"Oh!" laughed the woman, "perhaps the Archbishop." - -"Nina!" said the man, in a broken voice that expressed love, humility, -and reproach. His face was white under the black sunburn. - -For a moment the woman wavered. A shadow flitted over her eyes, then she -stepped back. "No," she said, "not yet." - -The man walked across to the fire, sank down in a chair, and covered -his face with his hands. The woman stepped up noiselessly behind him and -leaned over the chair. The man was either in great agony or else he was -a superb actor, for the muscles of his neck twitched violently and his -shoulders trembled. - -"Oh," he muttered, as though echoing his thoughts, "I can't do it, I -can't!" - -The woman caught the words and leaped up as though some one had struck -her in the face. She threw back her head. Her nostrils dilated and her -eyes flashed. - -"You can't do it!" she cried. "Then you do love her! You shall do it! -Do you hear me? You shall do it! You killed him! You got rid of him! -but you shall not get rid of me. I have the evidence, all of it. The -Archbishop will have it to-morrow. They shall hang you! Do you hear me? -They shall hang you!" - -The woman's voice rose, it was loud and shrill. The man turned slowly -round without looking up, and stretched out his arms toward the woman. -She stopped and looked down at him. The fire glittered for a moment -and then died out of her eyes, her bosom heaved and her lips began to -tremble. With a cry she flung herself into his arms, caught him around -the neck, and pressed his face up close against her cheek. - -"Oh! Dick, Dick," she sobbed, "I do love you so! I can't live without -you! Not another hour Dick! I do want you so much, so much, Dick!" The -man shifted his right arm quickly, slipped a great Mexican knife out of -his sleeve, and passed his fingers slowly up the woman's side until he -felt the heart beat under his hand, then he raised the knife, gripped -the handle tight, and drove the keen blade into the woman's bosom. The -hot blood gushed out over his arm, and down on his leg. The body, warm -and limp, slipped down in his arms. The man got up, pulled out the -knife, and thrust it into a sheath at his belt, unbuttoned the dress, -and slipped it off of the body. As he did this a bundle of papers -dropped upon the floor; these he glanced at hastily and put into his -pocket. Then he took the dead woman up in his arms, went out into the -hall, and started to go up the stairway. The body was relaxed and heavy, -and for that reason difficult to carry. He doubled it up into an awful -heap, with the knees against the chin, and walked slowly and heavily up -the stairs and out into the bath-room. There he laid the corpse down -on the tiled floor. Then he opened the window, closed the shutters, and -lighted the gas. The bath-room was small and contained an ordinary steel -tub, porcelain-lined, standing near the window and raised about six -inches above the floor. The sailor went over to the tub, pried up the -metal rim of the outlet with his knife, removed it, and fitted into its -place a porcelain disk which he took from his pocket; to this disk -was attached a long platinum wire, the end of which he fastened on the -outside of the tub. After he had done this he went back to the body, -stripped off its clothing, put it down in the tub and began to dismember -it with the great Mexican knife. The blade was strong and sharp as a -razor. The man worked rapidly and with the greatest care. - -When he had finally cut the body into as small pieces as possible, he -replaced the knife in its sheath, washed his hands, and went out of the -bath-room and down stairs to the lower hall. The sailor seemed perfectly -familiar with the house. By a side door he passed into the cellar. There -he lighted the gas, opened one of the wine cases, and, taking up all -the bottles that he could conveniently carry, returned to the bath-room. -There he poured the contents into the tub on the dismembered body, and -then returned to the cellar with the empty bottles, which he replaced in -the wine cases. This he continued to do until all the cases but one were -emptied and the bath tub was more than half full of liquid. This liquid -was sulphuric acid. - -When the sailor returned to the cellar with the last empty wine bottles, -he opened the fifth case, which really contained wine, took some of -it out, and poured a little into each of the empty bottles in order to -remove any possible odor of the sulphuric acid. Then he turned out the -gas and brought up to the bath-room with him the two paper flour sacks -and the little heavy bundle. These sacks were filled with nitrate of -soda. He set them down by the door, opened the little bundle, and took -out two long rubber tubes, each attached to a heavy gas burner, not -unlike the ordinary burners of a small gas-stove. He fastened the tubes -to two of the gas jets, put the burners under the tub, turned the gas -on full, and lighted it. Then he threw into the tub the woman's clothing -and the papers which he had found on her body, after which he took up -the two heavy sacks of nitrate of soda and dropped them carefully into -the sulphuric acid. When he had done this he went quickly out of the -bath-room and closed the door. - -The deadly acids at once attacked the body and began to destroy it; as -the heat increased, the acids boiled and the destructive process was -rapid and awful. From time to time the sailor opened the door of the -bath-room cautiously, and, holding a wet towel over his mouth and nose, -looked in at his horrible work. At the end of a few hours there was only -a swimming mass in the tub. When the man looked at four o'clock, it was -all a thick murky liquid. He turned off the gas quickly and stepped -back out of the room. For perhaps half an hour he waited in the hall; -finally, when the acids had cooled so that they no longer gave off -fumes, he opened the door and went in, took hold of the platinum wire -and, pulling the porcelain disk from the stop-cock, allowed the awful -contents of the tub to run out. Then he turned on the hot water, rinsed -the tub clean, and replaced the metal outlet. Removing the rubber tubes, -he cut them into pieces, broke the porcelain disk, and, rolling up the -platinum wire, washed it all down the sewer pipe. - -The fumes had escaped through the open window; this he now closed and -set himself to putting the bath-room in order, and effectually removing -every trace of his night's work. The sailor moved around with the very -greatest degree of care. Finally, when he had arranged everything to his -complete satisfaction, he picked up the two burners, turned out the gas, -and left the bath-room, closing the door after him. From the bath-room -he went directly to the attic, concealed the two rusty burners under a -heap of rubbish, and then walked carefully and noiselessly down the -stairs and through the lower hall. As he opened the door and stepped -into the room where he had killed the woman, two police-officers sprang -out and seized him. The man screamed like a wild beast taken in a trap -and sank down. - -"Oh! oh!" he cried, "it was no use! it was no use to do it!" Then he -recovered himself in a manner and was silent. The officers handcuffed -him, summoned the patrol, and took him at once to the station-house. -There he said he was a Mexican sailor and that his name was Victor -Ancona; but he would say nothing further. The following morning he sent -for Randolph Mason and the two were long together. - - - - -IV. - -The obscure defendant charged with murder has little reason to complain -of the law's delays. The morning following the arrest of Victor Ancona, -the newspapers published long sensational articles, denounced him as -a fiend, and convicted him. The grand jury, as it happened, was -in session. The preliminaries were soon arranged and the case was -railroaded into trial. The indictment contained a great many counts, -and charged the prisoner with the murder of Nina San Croix by striking, -stabbing, choking, poisoning, and so forth. - -The trial had continued for three days and had appeared so -overwhelmingly one-sided that the spectators who were crowded in the -court-room had grown to be violent and bitter partisans, to such an -extent that the police watched them closely. The attorneys for the -People were dramatic and denunciatory, and forced their case with -arrogant confidence. Mason, as counsel for the prisoner, was indifferent -and listless. Throughout the entire trial he had sat almost motionless -at the table, his gaunt form bent over, his long legs drawn up under his -chair, and his weary, heavy-muscled face, with its restless eyes, fixed -and staring out over the heads of the jury, was like a tragic mask. -The bar, and even the judge, believed that the prisoner's counsel had -abandoned his case. - -The evidence was all in and the People rested. It had been shown that -Nina San Croix had resided for many years in the house in which the -prisoner was arrested; that she had lived by herself, with no other -companion than an old negro servant; that her past was unknown, and that -she received no visitors, save the Mexican sailor, who came to her house -at long intervals. Nothing whatever was shown tending to explain who -the prisoner was or whence he had come. It was shown that on Tuesday -preceding the killing the Archbishop had received a communication from -Nina San Croix, in which she said she desired to make a statement of -the greatest import, and asking for an audience. To this the Archbishop -replied that he would willingly grant her a hearing if she would come -to him at eleven o'clock on Friday morning. Two policemen testified -that about eight o'clock on the night of Thursday they had noticed the -prisoner slip into the gate of Nina San Croix's residence and go down -to the side of the house, where he was admitted; that his appearance -and seeming haste had attracted their attention; that they had concluded -that it was some clandestine amour, and out of curiosity had both -slipped down to the house and endeavored to find a position from which -they could see into the room, but were unable to do so, and were about -to go back to the street when they heard a woman's voice cry out in -great anger: "I know that you love her and that you want to get rid of -me, but you shall not do it! You murdered him, but you shall not -murder me! I have all the evidence to convict you of murdering him! The -Archbishop will have it to-morrow! They shall hang you! Do you hear me? -They shall hang you for his murder!" that thereupon one of the policemen -proposed that they should break into the house and see what was wrong, -but the other had urged that it was only the usual lovers' quarrel and -if they should interfere they would find nothing upon which a charge -could be based and would only be laughed at by the chief; that they had -waited and listened for a time, but hearing nothing further had gone -back to the street and contented themselves with keeping a strict watch -on the house. - -The People proved further, that on Thursday evening Nina San Croix had -given the old negro domestic a sum of money and dismissed her, with the -instruction that she was not to return until sent for. The old woman -testified that she had gone directly to the house of her son, and later -had discovered that she had forgotten some articles of clothing which -she needed; that thereupon she had returned to the house and had gone -up the back way to her room,--this was about eight o'clock; that -while there she had heard Nina San Croix's voice in great passion and -remembered that she had used the words stated by the policemen; that -these sudden, violent cries had frightened her greatly and she had -bolted the door and been afraid to leave the room; shortly thereafter, -she had heard heavy footsteps ascending the stairs, slowly and with -great difficulty, as though some one were carrying a heavy burden; that -therefore her fear had increased and that she had put out the light and -hidden under the bed. She remembered hearing the footsteps moving about -up-stairs for many hours, how long she could not tell Finally, about -half-past four in the morning, she crept out, opened the door, slipped -down stairs, and ran out into the street. There she had found the -policemen and requested them to search the house. - -The two officers had gone to the house with the woman. She had opened -the door and they had had just time to step back into the shadow when -the prisoner entered. When arrested, Victor Ancona had screamed with -terror, and cried out, "It was no use! it was no use to do it!" - -The Chief of Police had come to the house and instituted a careful -search. In the room below, from which the cries had come, he found a -dress which was identified as belonging to Nina San Croix and which -she was wearing when last seen by the domestic, about six o'clock that -evening. This dress was covered with blood, and had a slit about two -inches long in the left side of the bosom, into which the Mexican knife, -found on the prisoner, fitted perfectly. These articles were introduced -in evidence, and it was shown that the slit would be exactly over the -heart of the wearer, and that such a wound would certainly result in -death. There was much blood on one of the chairs and on the floor. There -was also blood on the prisoner's coat and the leg of his trousers, and -the heavy Mexican knife was also bloody. The blood was shown by the -experts to be human blood. - -The body of the woman was not found, and the most rigid and tireless -search failed to develop the slightest trace of the corpse, or the -manner of its disposal. The body of the woman had disappeared as -completely as though it had vanished into the air. - -When counsel announced that he had closed for the People, the judge -turned and looked gravely down at Mason. "Sir," he said, "the evidence -for the defence may now be introduced." - -Randolph Mason arose slowly and faced the judge. - -"If your Honor please," he said, speaking slowly and distinctly, -"the defendant has no evidence to offer." He paused while a murmur of -astonishment ran over the court-room. "But, if your Honor please," he -continued, "I move that the jury be directed to find the prisoner not -guilty." - -The crowd stirred. The counsel for the People smiled. The judge looked -sharply at the speaker over his glasses. "On what ground?" he said -curtly. - -"On the ground," replied Mason, "that the _corpus delicti_ has not been -proven." - -"Ah!" said the judge, for once losing his judicial gravity. - -Mason sat down abruptly. The senior counsel for the prosecution was on -his feet in a moment. - -"What!" he said, "the gentleman bases his motion on a failure to -establish the _corpus delicti?_ Does he jest, or has he forgotten the -evidence? The term '_corpus delicti_' is technical, and means the body -of the crime, or the substantial fact that a crime has been committed. -Does any one doubt it in this case? It is true that no one actually saw -the prisoner kill the decedent, and that he has so sucessfully -hidden the body that it has not been found, but the powerful chain of -circumstances, clear and close-linked, proving motive, the criminal -agency, and the criminal act, is overwhelming. - -"The victim in this case is on the eve of making a statement that would -prove fatal to the prisoner. The night before the statement is to be -made he goes to her residence. They quarrel. Her voice is heard, raised -high in the greatest passion, denouncing him, and charging that he is a -murderer, that she has the evidence and will reveal it, that he shall be -hanged, and that he shall not be rid of her. Here is the motive for the -crime, clear as light. Are not the bloody knife, the bloody dress, the -bloody clothes of the prisoner, unimpeachable witnesses to the criminal -act? The criminal agency of the prisoner has not the shadow of a -possibility to obscure it. His motive is gigantic. The blood on him, -and his despair when arrested, cry 'Murder! murder!' with a thousand -tongues. - -"Men may lie, but circumstances cannot. The thousand hopes and fears and -passions of men may delude, or bias the witness. Yet it is beyond the -human mind to conceive that a clear, complete chain of concatenated -circumstances can be in error. Hence it is that the greatest jurists -have declared that such evidence, being rarely liable to delusion or -fraud, is safest and most powerful. The machinery of human justice -cannot guard against the remote and improbable doubt. The inference -is persistent in the affairs of men. It is the only means by which the -human mind reaches the truth. If you forbid the jury to exercise it, -you bid them work after first striking off their hands. Rule out the -irresistible inference, and the end of justice is come in this land; and -you may as well leave the spider to weave his web through the abandoned -courtroom." - -The attorney stopped, looked down at Mason with a pompous sneer, -and retired to his place at the table. The judge sat thoughtful and -motionless. The jurymen leaned forward in their seats. - -"If your Honor please," said Mason, rising, "this is a matter of law, -plain, clear, and so well settled in the State of New York that even -counsel for the People should know it. The question before your Honor is -simple. If the _corpus delicti,_ the body of the crime, has been proven, -as required by the laws of the commonwealth, then this case should go to -the jury. If not, then it is the duty of this Court to direct the jury -to find the prisoner not guilty. There is here no room for judicial -discretion. Your Honor has but to recall and apply the rigid rule -announced by our courts prescribing distinctly how the _corpus delicti_ -in murder must be proven. - -"The prisoner here stands charged with the highest crime. The law -demands, first, that the crime, as a fact, be established. The fact that -the victim is indeed dead must first be made certain before any one -can be convicted for her killing, because, so long as there remains -the remotest doubt as to the death, there can be no certainty as to -the criminal agent, although the circumstantial evidence indicating -the guilt of the accused may be positive, complete, and utterly -irresistible. In murder, the _corpus delicti_, or body of the crime, is -composed of two elements: - -"Death, as a result. - -"The criminal agency of another as the means. - -"It is the fixed and immutable law of this State, laid down in the -leading case of Ruloff v. The People, and binding upon this Court, that -both components of the _corpus delicti_ shall not be established by -circumstantial evidence. There must be direct proof of one or the other -of these two component elements of the _corpus delicti_. If one is -proven by direct evidence, the other may be presumed; but both shall not -be presumed from circumstances, no matter how powerful, how cogent, or -how completely overwhelming the circumstances may be. In other words, no -man can be convicted of murder in the State of New York, unless the body -of the victim be found and identified, or there be direct proof that the -prisoner did some act adequate to produce death, and did it in such a -manner as to account for the disappearance of the body." - -The face of the judge cleared and grew hard. The members of the bar were -attentive and alert; they were beginning to see the legal escape open -up. The audience were puzzled; they did not yet understand. Mason turned -to the counsel for the People. His ugly face was bitter with contempt. - -"For three days," he said, "I have been tortured by this useless -and expensive farce. If counsel for the People had been other than -playactors, they would have known in the beginning that Victor Ancona -could not be convicted for murder, unless he were confronted in this -courtroom with a living witness, who had looked into the dead face of -Nina San Croix; or, if not that, a living witness who had seen him drive -the dagger into her bosom. - -"I care not if the circumstantial evidence in this case were so strong -and irresistible as to be overpowering; if the judge on the bench, if -the jury, if every man within sound of my voice, were convinced of the -guilt of the prisoner to the degree of certainty that is absolute; if -the circumstantial evidence left in the mind no shadow of the remotest -improbable doubt; yet, in the absence of the eye-witness, this prisoner -cannot be punished, and this Court must compel the jury to acquit him." -The audience now understood, and they were dumbfounded. Surely this was -not the law. They had been taught that the law was common sense, and -this,--this was anything else. - -Mason saw it all, and grinned. "In its tenderness," he sneered, "the law -shields the innocent. The good law of New York reaches out its hand and -lifts the prisoner out of the clutches of the fierce jury that would -hang him." - -Mason sat down. The room was silent. The jurymen looked at each other -in amazement. The counsel for the People arose. His face was white with -anger, and incredulous. - -"Your Honor," he said, "this doctrine is monstrous. Can it be said that, -in order to evade punishment, the murderer has only to hide or destroy -the body of the victim, or sink it into the sea? Then, if he is not seen -to kill, the law is powerless and the murderer can snap his finger in -the face of retributive justice. If this is the law, then the law for -the highest crime is a dead letter. The great commonwealth winks at -murder and invites every man to kill his enemy, provided he kill him -in secret and hide him. I repeat, your Honor,"--the man's voice was now -loud and angry and rang through the court-room--"that this doctrine is -monstrous!" - -"So said Best, and Story, and many another," muttered Mason, "and the -law remained." - -"The Court," said the judge, abruptly, "desires no further argument." - -The counsel for the People resumed his seat. His face lighted up with -triumph. The Court was going to sustain him. - -The judge turned and looked down at the jury. He was grave, and spoke -with deliberate emphasis. - -"Gentlemen of the jury," he said, "the rule of Lord Hale obtains in this -State and is binding upon me. It is the law as stated by counsel for -the prisoner: that to warrant conviction of murder there must be direct -proof either of the death, as of the finding and identification of the -corpse, or of criminal violence adequate to produce death, and exerted -in such a manner as to account for the disappearance of the body; and -it is only when there is direct proof of the one that the other can be -established by circumstantial evidence. This is the law, and cannot now -be departed from. I do not presume to explain its wisdom. Chief-Justice -Johnson has observed, in the leading case, that it may have its probable -foundation in the idea that where direct proof is absent as to both the -fact of the death and of criminal violence capable of producing -death, no evidence can rise to the degree of moral certainty that the -individual is dead by criminal intervention, or even lead by direct -inference to this result; and that, where the fact of death is not -certainly ascertained, all inculpatory circumstantial evidence wants -the key necessary for its satisfactory interpretation, and cannot be -depended on to furnish more than probable results. It may be, also, -that such a rule has some reference to the dangerous possibility that -a general preconception of guilt, or a general excitement of popular -feeling, may creep in to supply the place of evidence, if, upon other -than direct proof of death or a cause of death, a jury are permitted to -pronounce a prisoner guilty. - -"In this case the body has not been found and there is no direct proof -of criminal agency on the part of the prisoner, although the chain of -circumstantial evidence is complete and irresistible in the highest -degree. Nevertheless, it is all circumstantial evidence, and under the -laws of New York the prisoner cannot be punished. I have no right of -discretion. The law does not permit a conviction in this case, although -every one of us may be morally certain of the prisoner's guilt. I am, -therefore, gentlemen of the jury, compelled to direct you to find the -prisoner not guilty." - -"Judge," interrupted the foreman, jumping up in the box, "we cannot find -that verdict under our oath; we know that this man is guilty." - -"Sir," said the judge, "this is a matter of law in which the wishes of -the jury cannot be considered. The clerk will write a verdict of not -guilty, which you, as foreman, will sign." - -The spectators broke out into a threatening murmur that began to grow -and gather volume. The judge rapped on his desk and ordered the bailiffs -promptly to suppress any demonstration on the part of the audience. Then -he directed the foreman to sign the verdict prepared by the clerk, When -this was done he turned to Victor Ancona; his face was hard and there -was a cold glitter in his eyes. - -"Prisoner at the bar," he said, "you have been put to trial before this -tribunal on a charge of cold-blooded and atrocious murder. The evidence -produced against you was of such powerful and overwhelming character -that it seems to have left no doubt in the minds of the jury, nor indeed -in the mind of any person present in this court-room. - -"Had the question of your guilt been submitted to these twelve arbiters, -a conviction would certainly have resulted and the death penalty would -have been imposed. But the law, rigid, passionless, even-eyed, has -thrust in between you and the wrath of your fellows and saved you from -it I do not cry out against the impotency of the law; it is perhaps as -wise as imperfect humanity could make it. I deplore, rather, the genius -of evil men who, by cunning design, are enabled to slip through the -fingers of this law. I have no word of censure or admonition for you, -Victor Ancona. The law of New York compels me to acquit you. I am only -its mouthpiece, with my individual wishes throttled. I speak only those -things which the law directs I shall speak. - -"You are now at liberty to leave this court-room, not guiltless of the -crime of murder, perhaps, but at least rid of its punishment. The eyes -of men may see Cain's mark on your brow, but the eyes of the Law are -blind to it." - -When the audience fully realized what the judge had said they were -amazed and silent. They knew as well as men could know, that Victor -Ancona was guilty of murder, and yet he was now going out of the -court-room free. Could it happen that the law protected only against the -blundering rogue? They had heard always of the boasted completeness of -the law which magistrates from time immemorial had labored to perfect, -and now when the skilful villain sought to evade it, they saw how weak a -thing it was. - - - - -V. - -The wedding march of Lohengrin floated out from the Episcopal Church -of St. Mark, clear and sweet, and perhaps heavy with its paradox of -warning. The theatre of this coming contract before high heaven was -a wilderness of roses worth the taxes of a county. The high caste of -Manhattan, by the grace of the check-book, were present, clothed in -Parisian purple and fine linen, cunningly and marvellously wrought. - -Over in her private pew, ablaze with jewels, and decked with fabrics -from the deft hand of many a weaver, sat Mrs. Miriam Steuvisant as -imperious and self-complacent as a queen. To her it was all a kind of -triumphal procession, proclaiming her ability as a general. With her -were a choice few of the _genus homo_ which obtains at the five-o'clock -teas, instituted, say the sages, for the purpose of sprinkling the holy -water of Lethe. - -"Czarina," whispered Reggie Du Puyster, leaning forward, "I salute you. -The ceremony _sub jugum_ is superb." - -"Walcott is an excellent fellow," answered Mrs. Steuvisant; "not a vice, -you know, Reggie." - -"Aye, Empress," put in the others, "a purist taken in the net. The -clean-skirted one has come to the altar. Vive la vertu!" - -Samuel Walcott, still sunburned from his cruise, stood before the -chancel with the only daughter of the blue-blooded St. Clairs. His face -was clear and honest and his voice firm. This was life and not romance. -The lid of the sepulchre had closed and he had slipped from under it. -And now, and ever after, the hand red with murder was clean as any. - -The minister raised his voice, proclaiming the holy union before God, -and this twain, half pure, half foul, now by divine ordinance one flesh, -bowed down before it. No blood cried from the ground. The sunlight of -high noon streamed down through the window panes like a benediction. - -Back in the pew of Mrs. Miriam Steuvisant, Reggie Du Puyster turned down -his thumb. "Habet!" he said. - - - - -II--TWO PLUNGERS OF MANHATTAN - - - - -I. - -FOR my part, Sidney," said the dark man, "I don't agree with your faith -in Providence at all. For the last ten years it has kept too far afield -of our House in every matter of importance. It has never once shown its -face to us except for the purpose of interposing some fatal wrecker just -at the critical moment. Don't you remember how it helped Barton Woodlas -rob our father in that shoe trust at Lynn? And you will recall the -railroad venture of our own. Did not the cursed thing go into the hands -of a receiver the very moment we had gotten the stock cornered? And look -at the oil deal. Did not the tools stick in both test wells within fifty -feet of the sand, and all the saints could not remove them? I tell you I -have no faith in it. The same thing is going to happen again." - -"There is some truth in your rant, brother," replied the light man, "but -I cling to my superstition. We have a cool million in this thing, a cool -million. If we can only break the Chicago corner the market is bound to -turn. The thing is below the cost of production now, and this western -combine is already groggy. Ten thousand would break its backbone, and -leave us in a position to force the market up to the ceiling." - -"But how in Heaven's name, Sidney, are we going to get the other five -thousand? To-day at ten I put up everything that could be scraped -together, begged, or borrowed, and out of it all we have scarcely five -thousand dollars. For any good that amount will do we might as well have -none at all. We know that this combine would in all probability weather -a plunge of five thousand, while a bold plunge of ten thousand would -rout it as certainly as there is a sun in heaven, but we only have half -enough money and no means of getting another dollar. If there were ten -millions in it the case would be the same. The jig is up." - -"I don't think so, Gordon. I don't give it up. We must raise the money." - -"Raise the money!" put in the other, bitterly; "as well talk of raising -the soul of Samuel. Did n't I say that I had raised the last money that -human ingenuity could raise; that there was not another shining thing -left on earth to either of us, but our beauty?--And it would take genius -to raise money on that, Sidney, gigantic genius." - -He stopped, and looked at his brother. The brother poured his soda into -the brandy, and said simply, "We must find it." - -"You find it," said Gordon Montcure, getting up, and walking backward -and forward across the room. - -For full ten minutes Sidney Montcure studied the bottom of his glass. -Then he looked up, and said, "Brother, do you remember the little -bald-headed man who stopped us on the steps of the Stock Exchange last -week?" - -"Yes; you mean the old ghost with the thin, melancholy face?" - -"The same. You remember he said that if we were ever in a desperate -financial position we should come to the office building on the Wall -Street corner and inquire for Randolph Mason, and that Mason would show -us a way out of the difficulty; but that under no circumstances were we -to say how we happened to come to him, except that we had heard of his -ability." - -"I recall the queer old chap well," said the other. "He seemed too clean -and serious for a fakir, but I suppose that is what he was; unless he is -wrong in the head, which is more probable." - -"Do you know, brother," said Sidney Montcure, thrusting his hands into -his pockets, "I have been thinking of him, and I have a great mind to go -down there in the morning just for a flyer. If there is any such man as -Randolph Mason, he is not a fakir, because I know the building, and he -could not secure an office in any such prominent place unless he was -substantial." - -"That is true, although I am convinced that you will find Randolph Mason -a myth." - -"At any rate, we have nothing to lose, brother; there may be something -in it. Will you go with me to-morrow morning?" - -The dark man nodded assent, and proceeded to add his autograph to the -club's collection, as evidenced by its wine ticket. - -Gordon and Sidney Montcure were high-caste club men of the New York -type, brokers and plungers until three p.m., immaculate gentlemen -thereafter. Both were shrewd men of the world. And as they left the -Ephmere Club that night, that same club and divers shop-men of various -guilds had heavy equitable interests in the success of their plans. - -Shortly after ten the following morning, the two brothers entered the -great building in which Randolph Mason was supposed to have his office. -There, on the marble-slab directory, was indeed the name; but it bore no -indication of his business, and simply informed the stranger that he -was to be found on the second floor front. The two men stepped into the -elevator, and asked the boy to show them to Mr. Mason's office. The boy -put them off on the second floor, and directed them to enquire at -the third door to the left. They found here a frosted glass door with -"Randolph Mason, Counsellor," on an ancient silver strip fastened to the -middle panel. Sidney Montcure opened the door, and the two entered. The -office room into which they came was large and scrupulously clean. - -The walls were literally covered with maps of every description. Two -rows of mammoth closed bookcases extended across the room, and there -were numerous file cases of the most improved pattern. At a big -flat-topped table, literally heaped with letters, sat their friend, the -little bald, melancholy man, writing as though his very life and soul -were at stake. - -"We desire to speak with Mr. Mason, sir," said Sidney Montcure, -addressing the little man. The man arose, and went into the adjoining -room. In a moment he returned and announced that Mr. Mason would see the -gentlemen at once in his private office. - -They found the private office of Randolph Mason to be in appearance much -like the private office of a corporation attorney. The walls were lined -with closed bookcases, and there were piles of plats and blue prints and -bundles of papers scattered over a round-topped mahogany table. - -Randolph Mason turned round in his chair as the men entered. - -"Be seated, gentlemen," he said, removing his eye-glasses. "In what -manner can I be of service?" His articulation was metallic and precise. - -"We have had occasion to hear of your ability, Mr. Mason," said Gordon -Montcure, "and we have called to lay our difficulty before you, in the -hope that you may be able to suggest some remedy. It may be that our -dilemma is beyond the scope of your vocation, as it is not a legal -matter." - -"Let me hear the difficulty," said Mason, bluntly. - -"We are in a most unfortunate and critical position," said Gordon -Montcure. "My brother and myself are members of the Board of Trade, and, -in defiance of the usual rule, occasionally speculate for ourselves. -After making elaborate and careful investigation, we concluded that the -wheat market had reached bottom and was on the verge of a strong and -unusual advance. We based this conclusion on two safe indications: the -failure in production of the other staples, and the fact that the price -of wheat was slightly below the bare cost of production. This status of -the market we believed could not remain, and on Monday last we bought -heavily on a slight margin. The market continued to fall. We covered our -margins, and plunged, in order to bull the market. To our surprise the -decline continued; we gathered all our ready money, and plunged again. -The market wavered, but continued to decline slowly. Then it developed -that there was a Chicago combine against us. We at once set about -ascertaining the exact financial status of this combine, and discovered -that it was now very weak, and that a bold plunge of ten thousand -dollars would rout it. But unfortunately all our ready money was now -gone. After exhausting every security and resorting to every imaginable -means we have only five thousand dollars in all. This sum is utterly -useless under the circumstances, for we know well that the combine would -hold out against a plunge of this dimension and we would simply lose -everything, while a bold, sudden plunge of ten thousand would certainly -break the market and make us a vast fortune. Of course, no sane man will -lend us money under circumstances of this kind, and it is not possible -for us to raise another dollar on earth." The speaker leaned back in his -chair, like a man who has stated what he knows to be a hopeless case. -"We are consuming your time unnecessarily," he added; "our case is, of -course, remediless." - -Mason did not at once reply. He turned round in his chair and looked -out of the open window. The two brothers observed him more closely. -They noticed that his clothing was evidently of the best, that he was -scrupulously neat and clean, and wore no ornament of any kind. Even the -eyeglasses were attached to a black silk guard, and had a severely plain -steel spring. - -"Have you a middle name, sir?" he said, turning suddenly to Sidney -Montcure. - -"Yes," replied the man addressed, "Van Guilder; I am named for my -grandfather." - -"An old and wealthy family of this city, and well known in New England," -said Mason; "that is fortunate." Then he bent forward and looking -straight into the eyes of his clients said: "Gentlemen, if you are ready -to do exactly what I direct, you will have five thousand dollars by -to-morrow night. Is that enough?" - -"Ample," replied Gordon Montcure; "and we are ready to follow your -instructions to the letter in any matter that is not criminal." - -"The transaction will be safely beyond the criminal statutes," said -Mason, "although it is close to the border line of the law." - -"'Beyond, is as good as a mile," said Gordon Montcure; "let us hear your -plan." - -"It is this," said Mason. "Down at Lynn, Massachusetts, there is -a certain retired shoe manufacturer of vast wealth, accumulated by -questionable transactions. He is now passing into the sixties, and, like -every man of his position, is restless and unsatisfied. Five years ago -he concluded to build a magnificent residence in the suburbs of Lynn. He -spared nothing to make the place palatial in every respect. The work has -been completed within the past summer. The grounds are superb, and -the place is indeed princely. As long as the palace was in process of -building, the old gentleman was interested and delighted; but no -sooner was it finished than, like all men of his type, he was at -once dissatisfied. He now thinks that he would like to travel on the -continent, but he has constructed a Frankenstein Monster, which he -imagines requires his personal care. He will not trust it to an agent, -he does not dare to rent it, and he can find no purchaser for such a -palace in such a little city. The mere fact that he cannot do exactly -as he pleases is a source of huge vexation to such a man as old Barton -Woodlas, of the Shoe Trust." - -The two Montcures apparently gave no visible evidence of their mighty -surprise and interest at the mention of the man who had robbed their -father, yet Mason evidently saw something in the tail of their eyes, for -he smiled with the lower half of his face, and continued: "You, sir," -he said, speaking directly to Sidney Montcure, "must go to Lynn and buy -this house in the morning." - -"Buy the house!" answered the man, bitterly, "your irony approaches the -sublime; we have only five thousand dollars and no security. How could -we buy a house?" - -"I am meeting the difficulties, if you please, sir," said Mason, "and -not yourself. At ten tomorrow you must be at Lynn. At two p.m. you will -call upon Barton Woodlas, giving your name as Sidney Van Guilder, from -New York. He knows that family, and will at once presume your wealth. -You will say to him that you desire to purchase a country place for your -grandfather, and heard of his residence. The old gentleman will at once -jump at this chance for a wealthy purchaser, and drive you out to his -grounds. You will criticise somewhat and make some objections, but will -finally conclude to purchase, if satisfactory terms can be made. Here -you will find Barton Woodlas a shrewd business dealer, and you must -follow my instructions to the very letter. He will finally agree to take -about fifty thousand dollars. You will make the purchase proposing to -pay down five thousand cash, and give a mortgage on the property for the -residue of the purchase money, making short-time notes. Five thousand in -hand and a mortgage will of course be safe, and the old gentleman will -take it. You demand immediate possession, and as he is not residing in -the house you will get it. Go with him at once to his attorney, pay the -money, have the papers signed and recorded, and be in full possession of -the property by four o'clock in the afternoon." - -Mason stopped abruptly and turned to Gordon Montcure. "Sir," he said -curtly, "I must ask you to step into the other office and remain until -I have finished my instructions to your brother. I have found it best -to explain to each individual that part of the transaction which he is -expected to perform. Suggestions made in the presence of a third party -invariably lead to disaster." Gordon Montcure went into the outer room -and sat down. He was impressed by this strange interview with Mason. -Here was certainly one of the most powerful and mysterious men he had -ever met,--one whom he could not understand, who was a mighty enigma. -But the man was so clear and positive that Montcure concluded to do -exactly as he said. After all, the money they were risking was utterly -worthless as matters now stood. - -In a few moments Sidney Montcure came out of the private office and -took a cab for the depot, leaving his brother in private interview with -Randolph Mason. - - - - -II. - -The following afternoon, Gordon Montcure stepped from the train at -Lynn. An hour before, _en route_, he had received a telegram from -Mason saying that the deal had been made and that his brother was in -possession of the property, and authorizing him to proceed according to -instructions. He was a man of business methods and began at once to play -his part. Calling a carriage, he went to the court-house and ascertained -that the deed had been properly recorded. Then he drove to the hotel of -Barton Woodlas and demanded to see that gentleman at once. He was shown -into a private parlor and in a few minutes the shoe capitalist came -down. He was a short, nervous, fat man with a pompous strut. - -"Mr. Woodlas, I presume," said Gordon Mont-cure. - -"The same, sir," was the answer; "to what am I indebted for this honor?" - -"To be brief," replied Montcure, "I am looking for one Sidney Van -Guilder. I am informed that he was to-day with you in this city. Can you -tell me where I can see him?" - -"Why, yes," said the old gentleman, anxiously; "I suppose he is out at -the residence I to-day sold him for his grandfather. Is there anything -wrong?" - -"What?" cried Montcure, starting up, "You sold him a residence to-day? -Curse the luck! I am too late. He is evidently into his old tricks." - -"Old tricks," said the little fat man, growing pale, "what in Heaven's -name is wrong with him? Speak out, man; speak out!" - -"To come at once to the point," said Gordon Montcure, "Mr. Van Guilder -is just a little offcolor. He is shrewd and all right in every way -except for this one peculiarity. He seems to have an insane desire to -purchase fine buildings and convert them into homes for his horses. He -has attempted to change several houses on Fifth Avenue into palatial -stables, and has only been prevented by the city authorities. In all -human probability the house you have sold him will be full of stalls by -morning." - -"My house full of stalls!" yelled the little fat man, "my house that -I have spent so much money on, and my beautiful grounds a barn-yard! -Never! never! Come on, sir, come on, we must go there at once!" And -Barton Woodlas waddled out of the room as fast as his short legs could -carry him. Gordon Montcure followed, smiling. - -Both men climbed into Montcure's carriage and hurried out to the -suburban residence. The grounds were indeed magnificent, and the house a -palace. As they drove in, they noticed several Italian laborers digging -a trench across the lawn. Barton Woodlas tumbled out of the carriage and -bolted into the house, followed by Montcure. Here they found a scene of -the greatest confusion. The house was filled with grimy workmen. They -were taking off the doors and shutters, and removing the stairway, and -hammering in different portions of the house until the noise was like -bedlam. - -Sidney Van Guilder stood in the drawing-room, with his coat off, -directing his workmen. His clothing was disarranged and dusty but he -was apparently enthusiastic and happy. "Stop, sir! stop!" cried Barton -Woodlas, waving his arms and rushing into the room. "Put these dirty -workmen out of here and stop this vandalism at once! At once!" - -Sidney Van Guilder turned round smiling. "Ah," he said, "is it you, -Mr. Woodlas? I am getting on swimmingly you see. This will make a -magnificent stable. I can put my horses on both floors, but I will be -compelled to cut the inside all out, and make great changes. It is a -pity that you built your rooms so big." - -For a moment the little man was speechless with rage; then he danced -up and down and yelled: "Oh, you crazy fool! You crazy fool! You are -destroying my house! It won't be worth a dollar!" - -"I beg your pardon," said Van Guilder, coldly, "this is my house and I -shall do with it as I like. I have bought it and I shall make a home -for my horses of it by morning. It cannot possibly be any business of -yours." - -"No business of mine!" shouted Woodlas, "what security have I but the -mortgage? And if you go on with this cursed gutting the mortgage won't -be worth a dollar. Oh, my beautiful house! My beautiful house! It is -awful, awful! Come on, sir," he yelled to Gordon Montcure, "I will find -a way to stop the blooming idiot!" - -With that he rushed out of the house and rolled into the carriage, -Gordon Montcure following. Together the two men were driven furiously to -the office of Vinson Harcout, counsellor for the Shoe Trust. - -That usually placid and unexcitable gentleman turned round in -astonishment as the two men bolted into his private office. Woodlas -dropped into a chair and, between curses and puffs of exhaustion, -began to describe his trouble. When the lawyer had finally succeeded in -drawing from the irate old man a full understanding of the matter, he -leaned back in his chair and stroked his chin thoughtfully. - -"Well," he said, "this is an unfortunate state of affairs, but there is -really no legal remedy for it. The title to the property is in Mr. Van -Guilder. He is in possession by due and proper process of law, and he -can do as he pleases, even to the extent of destroying the property -utterly. If he chooses to convert his residence into a stable, he -certainly commits no crime and simply exercises a right which is -legally his own. It is true that you have such equitable interest in -the property that you might be able to stop him by injunction -proceedings--we will try that at any rate." - -The attorney stopped and turned to his stenographer. "William," he said, -"ask the clerk if Judge Henderson is in the court-room." The young man -went to the telephone and returned in a moment. "Judge Henderson is not -in the city, sir," he said. "The clerk answers that he went to Boston -early in the day to meet with some judicial committee from New York and -will not return until to-morrow." - -The lawyer's face lengthened. "Well," he said, "that is the end of it. -We could not possibly reach him in time to prevent Mr. Van Guilder from -carrying out his intentions." - -Gordon Montcure smiled grimly. Mason had promised to inveigle away the -resident judge by means of a bogus telegram, and he had done so. - -"Oh!" wailed the little fat man, "is there no law to keep me from being -ruined? Can't I have him arrested, sir?" - -"Unfortunately, no," replied the lawyer. "He is committing no crime, he -is simply doing what he has a full legal right to do if he so chooses, -and neither you nor any other man can interfere with him. If you attempt -it, you at once become a violator of the law and proceed at your peril. -You are the victim of a grave wrong, Mr. Woodlas. Your security is being -destroyed and great loss may possibly result. Yet there is absolutely -no remedy except the possible injunction, which, in the absence of -the judge, is no remedy at all. It is an exasperating and unfortunate -position for you, but, as I said, there is nothing to be done." - -The face of Barton Woodlas grew white and his jaw dropped. "Gone!" he -muttered, "all gone, five thousand dollars and a stable as security for -forty thousand! It is ruin, ruin!" - -"I am indeed sorry," said the cold-blooded attorney, with a feeling of -pity that was unusual, "but there is no remedy, unless perhaps you could -repurchase the property before it is injured." - -"Ah," said the little fat man, straightening up in his chair, "I had not -thought of that. I will do it. Come on, both of you," and he hurried to -the carriage without waiting for an answer. - -At the residence in question the three men found matters as Barton -Woodlas had last seen them, except that the trench across the lawn was -now half completed and the doors and shutters had all been removed from -the house and piled up on the veranda. - -Sidney Van Guilder laughed at their proposition to repurchase. He -assured them that he had long been looking for just this kind of -property, that it suited him perfectly, and that he would not think of -parting with it. The attorney for Wood-las offered two thousand dollars' -advance; then three, then four, but Sidney Van Guilder was immovable. -Finally Gordon Montcure suggested that perhaps the city would not allow -his stable to remain after he had completed it, and advised him to -name some price for the property. Van Guilder seemed to consider this -possibility with some seriousness. He had presumably had this trouble in -New York City, and finally said that he would take ten thousand dollars -for his bargain. Old Barton Woodlas fumed and cursed and ground his -teeth, and damned every citizen of the State of New York from the coast -to the lakes for a thief, a villain, and a robber. - -Finally, when the Italians began to cut through the wall of the -drawing-room and the fat old gentleman's grief and rage were fast -approaching apoplexy, the lawyer raised his offer to seven thousand -dollars cash, and Sidney Van Guilder reluctantly accepted it and -dismissed his workmen. The four went at once to the law office of Vinson -Harcout, where the mortgage and notes were cancelled, the money paid, -and the deed prepared, reconveying the property and giving Barton -Woodlas immediate possession. - - - - -III. - -At nine-thirty the following morning, the two brothers walked into the -private office of Randolph Mason and laid down seven thousand dollars on -his desk. Mason counted out two thousand and thrust it into his pocket. -"Gentlemen," he said shortly, "here is the five thousand dollars which I -promised. I commend you for following my instructions strictly." - -"We have obeyed you to the very letter," said Gordon Montcure, handing -the money to his brother, "except in one particular." - -"What!" cried Mason, turning upon him, "you dared to change my plans?" - -"No," said Gordon Montcure, stepping back, "only the fool lawyer -suggested the repurchase before I could do it." - -"Ah," said Randolph Mason, sinking back into his chair, "a trifling -detail. I bid you goodmorning." - - - - -III--WOODFORD'S PARTNER - -_[See Clark's Criminal Law, p. 274, or any good text-book for the -general principles of law herein concerned. See especially State vs. -Reddick, 48 Northwestern Reporter, 846, and the long list of cases there -cited, on the proposition that the taking of partnership funds by one of -the general partners, even with felonious intent, constitutes no crime. -Also, Gary vs. Northwestern Masonic Aid Association, 53 Northwestern -Reporter, 1086.]_ - - - - -I. - -AFTER some thirty years, one begins to appreciate in a slight degree -the mystery of things in counter-distinction to the mystery of men. He -learns with dumb horror that startling and unforeseen events break into -the shrewdest plans and dash them to pieces utterly, or with grim malice -wrench them into engines of destruction, as though some mighty hand -reached out from the darkness and shattered the sculptor's marble, or -caught the chisel in his fingers and drove it back into his heart. - -As one grows older, he seeks to avoid, as far as may be, the effect of -these unforeseen interpositions, by carrying in his plans a factor of -safety, and, as what he is pleased to call his "worldly wisdom" grows, -he increases this factor until it is a large constant running through -all his equations dealing with probabilities of the future. Whether in -the end it has availed anything, is still, after six thousand years, -a mooted question. Nevertheless, it is the manner of men to calculate -closely in their youth, disregarding the factor of safety, and ignoring -utterly the element of Chance, Fortune, ar Providence, as it may please -men to name this infinite meddling intelligence. Whether this arises -from ignorance or some natural unconscious conviction that it is useless -to strive against it, the race has so far been unable to determine. -That it is useless to, the weight of authorities would seem to indicate, -while, on the other hand, the fact that men are amazed and dumbfounded -when they first realize the gigantic part played by this mysterious -power in all human affairs, and immediately thereafter plan to evade -it, would tend to the conviction that there might be some means by which -these startling accidents could be guarded against, or at least their -effect counteracted. - -The laws, if in truth there be any, by which these so-called fortunes -and misfortunes come to men, are as yet undetermined, except that they -arise from the quarter of the unexpected, and by means oftentimes of the -commonplace. - -On a certain Friday evening in July, Carper Harris, confidential -clerk of the great wholesale house of Beaumont, Milton, & Company of -Baltimore, was suddenly prostrated under the horror of this great truth. -For the first time in his life Fate had turned about and struck him, and -the blow had been delivered with all her strength. - -Up to this time he had been an exceedingly fortunate man. To begin with, -he had been born of a good family, although, at the time of his father's -death, reduced in circumstances. While quite a small boy, he had been -taken in as clerk through the influence of Mr. Milton, who had been a -friend of his father. The good blood in the young man had told from the -start. He had shown himself capable and unusually shrewd in business -matters, and had risen rapidly to the position of chief confidential -clerk. In this position he was intrusted with the most important matters -of the firm, and was familiar with all its business relations. His -abilities had expanded with the increasing duties of his successive -positions. He had done the firm much service, and had shown himself to -be a most valuable and trustworthy man. But, with it all, the eyes of -old Silas Beaumont had followed his every act, in season and out of -season, tirelessly. It was a favorite theory of old Beaumont, that -the great knave was usually the man of irreproachable habits, and -necessarily the man of powerful and unusual abilities, and that, instead -of resorting to ordinary vices or slight acts of rascality, he was wont -to bide his time until his reputation gained him opportunity for some -gigantic act of dishonesty, whereby he could make a vast sum at one -stroke. - -Old Beaumont was accustomed to cite two scriptural passages as the basis -of his theory, one being that oft-quoted remark of David in his haste, -and the other explanatory of what the Lord saw when he repented that he -had made man on the earth. - -Like all those of his type, when this theory had once become fixed with -him, he sought on all occasions for instances by which to demonstrate -its truthfulness. Thus it happened that the honesty and industry -of young Harris were the very grounds upon which Beaumont based his -suspicions and his acts of vigilance. - -When it was proposed that Carper Harris should go to Europe in order to -buy certain grades of pottery which the firm imported, Beaumont grumbled -and intimated that it was taking a large risk to intrust money to him. -He said the sum was greater than the young man had been accustomed -to handle, that big amounts of cash were dangerous baits, and then -he switched over to his theory and hinted that just this kind of -opportunity would be the one which a man would seize for his master act -of dishonesty. The other members of the firm ridiculed the idea, and -arranged the matter over Silas Beaumont's protest. - -Thus it happened that about seven o'clock on the eventful Friday, -Carper Harris left Baltimore for New York. He carried a small hand-bag -containing twenty thousand dollars, with which he was to buy foreign -exchange. Arriving at the depot he had checked his luggage and had gone -into the chair-car with only his overcoat and the little hand-bag. He -laid his overcoat across the back of the seat and set the little satchel -down in the seat beside him. He had been particularly careful that the -money should be constantly guarded, and for that reason he had attempted -to keep his hand on the handle of the bag during the entire trip, -although he was convinced that there was no danger or risk of any -consequence, for the reason that no one would suspect that the satchel -contained cash. When he arrived in New York he had gone directly to his -hotel and asked to be shown up to his room. It was his intention to look -over the money carefully and see that it was all right, after which he -would have it placed in one of the deposit boxes in the hotel safe until -morning. - -When Harris set the hand-bag down on the table under the light, after -the servant had left the room, something about its general appearance -struck his attention, and he bent down to examine it closely. As he did -so his heart seemed to leap into his throat, and the cold perspiration -burst out on his forehead and began to run down his face in streams. The -satchel before him on the table was not the one in which he had placed -the money in Baltimore, and with which he had left the counting-house of -Beaumont, Milton, & Company. The young man attempted to insert the key -in the lock of the satchel, but his hand trembled so that he could not -do it, and in an agony of fear he threw down the keys and wrenched the -satchel open. His great fear was only too well founded. The satchel -contained a roll of newspapers. For a moment Carper Harris stood dazed -and dumbfounded by his awful discovery; then he sank down in a heap on -the floor and covered his face with his hands. - -Of all the dreaded calamities that Fate could have sent, this was -the worst. All that he had hoped for and labored for was gone by a -stroke,--wiped out ruthlessly, and by no act or wrong of his. The man -sat on the floor like a child, and literally wrung his hands in anguish, -and strove to realize all the terrible results that would follow in the -wake of this unforeseen calamity. - -First of all there was Beaumont's theory, and the horror of the thought -gripped his heart like a frozen hand. It stood like some grim demon -barring the only truthful and honorable way out of the matter. How could -he go back and say that he had been robbed. Beaumont would laugh the -idea to scorn and gloat over the confirmation of his protest. Little -would explanation avail. His friends would turn against him, and join -with Beaumont, and seek to make the severity of their accusation against -him atone for their previous trust and confidence, and their disregard -of what they would now characterize as Mr. Beaumont's unusual foresight. -And then, if they would listen to explanation, what explanation was -there to make? He had left their counting-house with the money in the -afternoon, and now in New York in the evening he claimed to have been -robbed. And how? That some one had substituted another hand-bag for the -one with which he started, without attacking him and even without his -slightest suspicion--a probable story indeed! Why, the hand-bag there on -the table was almost exactly like the one he had taken with him to the -company's office. No one but himself could tell that it was not the same -bag. The whole matter would be considered a shrewd trick on his part,--a -cunningly arranged scheme to rob his employers of this large sum of -money. In his heated fancy he could see the whole future as it would -come. The hard smile of incredulity with which his story would be -greeted,--the arrest that would follow,--the sensational newspaper -reports of the defalcation of Carper Harris, confidential clerk of the -great wholesale house of Beaumont, Milton, & Company. The newspapers -would assume his guilt, as they always do when one is charged with -crime; they would speak of him as a defaulter, and would comment on the -story as an ingenious defence emanating from his shrewd counsel. Even -the newsboys on the street would convict him with the cry of, "All about -the trial of the great defaulter!" The jury its very self, when it went -into the box, would be going there to try a man already convicted of -crime. This conviction would have been forced upon them by the reports, -and they could not entirely escape from it, no matter how hard they -might try. Why, if one of them should be asked suddenly what he was -doing, in all possibility, if he should reply without stopping to think, -he would answer that he was trying the man who had robbed Beaumont, -Milton, & Company. So that way was barred, and it was a demon with a -flaming sword that kept it. - -The man arose and began to pace the floor. He could not go back and tell -the truth. What other thing could he do? It was useless to inform the -police. That would simply precipitate the storm. It would be going -by another path the same way which he had convinced himself was so -effectually blocked. Nor did he dare to remain silent. The loss would -soon be discovered, and then his silence would convict him, while flight -was open confession of the crime. - -Carper Harris had one brother living in New York,--a sort of black sheep -of the family, who had left home when a child to hazard his fortunes -with the cattle exporters. The family had attempted to control him, but -without avail. He had shifted around the stock-yards in Baltimore, and -had gone finally to New York, and was now a commission merchant, with an -office in Jersey City. The relation between this man and the family had -been somewhat strained, but now, in the face of this dreaded disaster, -Harris felt that he was the only one to appeal to--not that he hoped -that his brother could render him any assistance, but because he must -consult with some one, and this man was after all the only human being -whom he could trust. - -He hastily scribbled a note, and, calling a messenger, sent it to his -brother's hotel. Then he threw himself down on the bed and covered his -face with his hands. What diabolical patience and cunning Fate sometimes -exhibits! All the good fortune which had come to young Harris seemed to -have been only for the purpose of smoothing the way into this trap. - - - - -II. - -What is wrong here, Carper?" said William Harris, as he shut the door -behind him. "I expected to find a corpse from the tone of your note. -What's up?" - -The commission merchant was a short heavy young man with a big square -jaw and keen gray eyes. His face indicated bull-dog tenacity and -unlimited courage of the sterner sort. - -Carper Harris arose when his brother entered. He was as white as the -dead. "William," he said, "I wish I were a corpse!" - -"Ho! ho!" cried the cattle-man, dropping into a chair. "There is a big -smash-up on the track, that is evident. Which is gone, your girl or your -job?" - -"Brother," continued Carper Harris, "I am in a more horrible position -than you can imagine. I don't know whether you will believe me or not, -but if you don't, no one will." - -"You may be a fool, Carper," answered the commission merchant, closing -his hands, on the arms of his chair, "but you are not a liar. Go on, -tell me the whole thing." - -Carper Harris drew up a chair to the table and began to go over the -whole affair from the beginning to the end. As he proceeded, the muscles -of his brother's face grew more and more rigid, until they looked as -hard and as firm as a cast. When he finally finished and dropped back -into his chair, the cattle-man arose and without a word went over to the -window, and stood looking out over the city, with his hands behind -his back. There was no indication by which one could have known of -the bitter struggle going on in the man's bosom, unless one could -have looked deep into his eyes; there the danger and despair which he -realized as attendant upon this matter shone through in a kind of fierce -glare. - -Finally he turned round and looked down half smilingly at his brother. -"Well, Carper," he said, "is that all the trouble? We can fix that all -right." - -"How?" almost screamed young Harris, bounding to his feet, "how?" - -The commission merchant came back leisurely to his chair and sat down. -His features were composed and wore an air of pleasant assurance. "My -boy," he began, "this is tough lines, to be sure, but you are worth -a car-load of convicts yet. Sit down then, and I will straighten this -thing out in a jiffy. I have been devilish lucky this season, and I now -have about sixteen thousand dollars in bank. You have, I happen to -know, some five thousand dollars in securities which came to you out of -father's estate when it was settled. Turn these securities over to -me and go right on to Europe as you intended. I will realize on the -securities, and with the money I now have will be enabled to -purchase the exchange which you require, and will have it sent to you -immediately, so there will be no delay. You can go right on with your -business as you intended, and neither old Beaumont nor any other living -skinflint will ever know of this robbery." - -Carper Harris could not speak. His emotion choked him. He seized his -brother's hand and wrung it in silence, while the tears streamed down -his face. - -"Come, come," said the cattle-man, "this won't do! Brace up! I am simply -lending you the money. You can return it if you ever get able. If you -don't, why, it came easy, and I won't ever miss the loss of it." - -"May God bless you, brother!" stammered Carper Harris. "You have saved -me from the very grave, and what is more--from the stigma of a felon. -You shall not lose this money by me. I will repay it if Heaven spares my -life." - -"Don't go on like a play-actor, Carper," said the cattle-man, rising and -turning to the door. "Pull yourself together, gather up your duds, and -skip out to London. The stuff will be there by the time you are ready -for it." Then he went out and closed the door behind him. - - - - -III. - -I had to lie to him," said William Harris. "There was no other way out -of it. I knew it was the only means by which I could get him out of -the country. If he stayed here they would nab him and put him in the -penitentiary in spite of the very devil himself. It is all very well to -talk about even-eyed justice and all that rot, but a young man in -that kind of a position would have about as much show as a snowball in -Vesuvius. The best thing to do was to put him over the pond, and the -next thing was to come here. I did both, now what is to be done?" - -"It is evident," said Randolph Mason, "that the young man is the victim -of one of our numerous gangs of train robbers, and it is quite as -evident that it is utterly impossible to recover the stolen money. The -thing to be done is to shift the loss." - -"Shift the loss, sir," echoed the cattle-man; "I don't believe that I -quite catch your meaning." - -"Sir," said Mason, "the law of self-preservation is the great law -governing the actions of men. All other considerations are of a -secondary nature. The selfish interest is the great motive power. It is -the natural instinct to seek vicarious atonement. Men do not bear a hurt -if the hurt can be placed upon another. It is a bitter law, but it is, -nevertheless, a law as fixed as gravity." - -"I see," said the commission merchant; "but how is this loss to be -shifted on any one? The money is gone for good; there is no way to get -it back, and there is no means by which we can switch the responsibility -to the shoulders of any other person. The money was placed in Carper -Harris's custody, he was instructed to use great care in order to -prevent any possible loss. He left Baltimore with it. The story of his -robbery would only render him ridiculous if it were urged in his behalf. -He alone is responsible for the money; there is no way to shift it." - -"I said, sir," growled Mason, "that the loss must be shifted. What does -the responsibility matter, provided the burden of loss can be placed -upon other shoulders? How much money have you?" - -"Only the five thousand dollars which I received from the sale of his -securities," answered the man. "The story which I told him about the -sixteen thousand was all a lie; I have scarcely a thousand dollars to my -name, all told." - -Mason looked at the cattle-man and smiled grimly. "So far you have done -well," he said; "it seems that you must be the instrument through which -this cunning game of Fate is to be blocked. You are the strong one; -therefore the burden must fall on your shoulders. Are you ready to bear -the brunt of this battle?" - -"I am," said the man, quietly; "the boy must be saved if I have to go to -Sing Sing for the next twenty years." - - - - -IV. - -The traveller crossing the continent in a Pullman car is convinced that -West Virginia is one continuous mountain. He has no desire to do other -than to hurry past with all the rapidity of which the iron horse is -capable. He can have no idea that in its central portion is a stretch of -rolling blue-grass country, as fertile and as valuable as the stock-farm -lands of Kentucky; with a civilization, too, distinctly its own, and not -to be met with in any other country of the world. It seems to combine, -queerly enough, certain of the elements of the Virginia planter, the -western ranchman, and the feudal baron. Perhaps nowhere in any of the -United States can be found such decided traces of the ancient feudal -system as in this inland basin of West Virginia, surrounded by great -mountain ranges, and for many generations cut off from active relations -with the outside world. Nor is this civilization of any other than -natural growth. In the beginning, those who came to this region were -colonial families of degree,--many of them Tories, hating Washington and -his government, and staunch lovers of the king at heart, for whom -the more closely settled east and south were too unpleasant after the -success of the Revolution. Many of them found in this fertile land lying -against the foot-hills, and difficult of access from either the east -or west, the seclusion and the utter absence of relations with their -fellows which they so much desired. With them they brought certain -feudal customs as a basis for the civilization which they builded. -The nature of the country forced upon them others, and the desire -for gain--ever large in the Anglo-Saxon heart--brought in still other -customs, foreign and incongruous. - -Thus it happened that at an early day this country was divided into -great tracts, containing thousands of acres of grass lands, owned by -certain powerful families, who resided upon it, and, to a very large -extent, preserved ancient customs and ancient ideas in relation to men. -The idea of a centrally situated manor-house was one adhered to from -the very first, and this differed from the Virginia manor in that it -was more massive and seemed to be built with the desire of strength -predominating, as though the builder had yet in mind a vague notion of -baronial defences, and some half hope or half fear of grim fights, in -which he and his henchmen would defend against the invader. Gradually, -after the feudal custom, the owner of one of these great tracts gathered -about him a colony of tenants and retainers, who looked after his stock -and grew to be almost fixtures of the realty and partook in no degree of -the shiftless qualities of the modern tenant. They were attached to the -family of the master of the estate, and shared in his peculiarities and -his prejudices. His quarrel became their own, and personal conflicts -between the retainers of different landowners were not infrequent. At -such times, if the breaches of the peace were of such a violent order -as to attract the attention of the law, the master was in honor bound -to shield his men as far as possible, and usually his influence was -sufficient to preserve them from punishment. - -Indeed it was the landowner and his people against the world. They were -different from the Virginians in that they were more aggressive and -powerful, and were of a more adventurous and hardy nature. They were -never content to be mere farmers, or to depend upon the cultivation of -the soil. Nor were they careful enough to become breeders of fine stock. -For these reasons it came about that they adopted a certain kind of -stock business, combining the qualities of the ranch and the farm. They -bought in the autumn great herds of two-year-old cattle, picking them -up along the borders of Virginia and Kentucky. These cattle they brought -over the mountains in the fall, fed them through the winter, and turned -them out in the spring to fatten on their great tracts of pasture land. -In the summer this stock was shipped to the eastern market and sold -in favorable competition with the corn-fed stock of the west, and the -stable-fed cattle of Virginia and Pennsylvania. As this business grew, -the little farmer along the border began to breed the finer grades of -stock. This the great landowners encouraged, and as the breeds grew -better, the stock put upon the market from this region became more -valuable, until at length the blue-grass region of West Virginia has -become famous for its beef cattle, and for many years its cattle have -been almost entirely purchased by the exporters for the Liverpool -market. - -So famous have the cattle of certain of these great landowners become, -that each season the exporters send men to buy the stock, and not -infrequently contract for it from year to year. Often a landowner, in -whom the speculative spirit is rife, will buy up the cattle and make -great contracts with the exporter, or he will form a partnership with an -eastern commission merchant and ship with the market. The risks taken in -this business are great, and often vast sums of money are made or lost -in a week. It is a hazardous kind of gambling for the reason that great -amounts are involved, and the slightest fall in the market will often -result in big loss. With the shipping feature of this business have -grown certain customs. Sometimes partnerships will be formed to continue -for one or more weeks, and for the purpose of shipping. One drove of -cattle or a number of droves; and when the shippers are well known the -cattle are not paid for until the shipper returns from the market, it -being presumed that he would not carry in bank sufficient money to pay -for a large drove. - -It is a business containing all the peril and excitement of the stock -exchange, and all its fascinating hope of gain, as well as its dreaded -possibility of utter ruin. Often in a grimy caboose at the end of a -slow freight train is as true and fearless a devotee of Fortune, and as -reckless a plunger as one would find in the pit on Wall Street, and not -infrequently one with as vast plans and as heavy a stake in the play -as his brother of the city. Yet to look at him--big, muscular, and -uncouth--one would scarcely suspect that every week he was juggling with -values ranging from ten to sixty thousand dollars. - -One Monday morning of July, William Harris, a passenger on the through -St. Louis express of the Baltimore & Ohio, said to the conductor that -he desired to get off at Bridgeport, a small shipping station in this -blue-grass region of West Virginia. The conductor answered that his -train did not stop at this station, but that as the town was on a grade -at the mouth of a tunnel he would slow up sufficiently for Mr. Harris to -jump off if he desired to assume the risk. This Harris concluded to do, -and accordingly, as the train ran by the long open platform beside the -cattle pens, he swung himself down from the steps of the car and jumped. -The platform was wet, and as Harris struck the planks his feet slipped -and he would have fallen forward directly under the wheels of the coach -had it not been that a big man standing near by sprang forward and -dragged him back. - -"You had a damned close call there, my friend," said the big man. - -"Yes," said Harris, picking himself up, "you cut the undertaker out of a -slight fee by your quick work." - -The stranger turned sharply when he heard Harris's voice and grasped him -by the hand. "Why, Billy," he said, "I did n't know it was you. What are -you doing out here?" - -"Well, well!" said Harris, shaking the man's hand vigorously, "there is -a God in Israel sure. You are the very man I am looking for, Woodford." - -Thomas Woodford was a powerfully built man--big, and muscular as an -ox. He was about forty, a man of property, and a cattle-shipper known -through the whole country as a daring speculator of almost phenomenal -success. His plans were often gigantic, and his very rashness seemed to -be the means by which good fortune heaped its favors upon him. He was -in good humor this morning. The reports from the foreign markets -were favorable, and indications seemed to insure the probability of a -decidedly substantial advance at home. He put his big hand upon Harris's -arm and fairly led him down the platform. "What is up, Billy?" he asked, -lowering his voice. - -"In my opinion," answered Harris, "the big combine among the exporters -is going to burst and go up higher than Gilderoy's kite, and if we can -get over to New York in time, we will have the world by the tail." - -"Holy-head-of-the-church!" exclaimed the cattle-shipper, dropping his -hands. "It will be every man for himself, and they will have to pay -whatever we ask. But we must get over there this week. Next week -everything that wears hoofs will be dumped into Jersey City. Come over -to the hotel and let us hold a council of war." - -The two men crossed the railroad track and entered the little -eating-house which bore the high-sounding and euphonious title of "Hotel -Holloway." They went directly up the steps and into a small room in the -front of the building overlooking the railroad. Here Woodford locked the -door, pulled off his coat, and took a large chew of tobacco. It was -his way of preparing to wrestle with an emergency--a kind of mechanical -means of forcing his faculties to a focus. - -"Now, Billy," he said, "how is the best way to begin?" - -Harris drew up his chair beside the bed on which his companion had -seated himself. - -"The situation is in this kind of shape," he began. - -"The exporters have all the ships chartered and expect Ball & Holstein -to furnish the cattle for next week's shipments. I believe that old Ball -will kick out of the combine and tell the other exporters in the trust -that they may go to the devil for their cattle. You know what kind of -a panic this will cause. The space on the boats has been chartered and -paid for, and it would be a great loss to let it stand empty. Nor could -they ship the common stock on the market. All these men have foreign -contracts, made in advance and calling for certain heavy grades of -stock, and they are under contract to furnish a certain specified -number of bullocks each week. They formed the combine in order to avoid -difficulties, and have depended on a pool of all the stock contracted -for by the several firms, out of which they could fill their boats when -the supply should happen to be short or the market temporarily high. The -foreign market is rising, and the old man is dead sure to hold on to the -good thing in his clutches. I was so firmly convinced that the combine -was going to pieces that I at once jumped on the first train west and -hurried here to see you. The exporters must fill their contracts no -matter what happens. If old Ball kicks over, as he is sure to do, the -market will sail against the sky. We will have them on the hip if we can -get the export cattle into New York, but we have no time to lose. -These cattle must be bought to-day, and carred here to-morrow. Do you -understand me?" - -"Yes," said the cattle-shipper, striking his clenched right hand into -the palm of his left. "It is going to be quick work, but we can do it or -my name is not Woodford." - -"We must have at least twelve carloads of big export cattle," continued -Harris. "Not one to weigh less than sixteen hundred pounds. They must be -good. Now, where can you get them quickest?" - -"Well," answered the shipper, thoughtfully, "old Ralph Izzard has the -best drove, but he wants five cents for them, and that is steep, too -steep." - -"No," said Harris, "that is all right if they are good. We have no time -to run over the country to hunt them up. If these are the right kind we -will not stand on his price." - -"You can stake your soul on them being the right kind, Billy," answered -the cattle-shipper enthusiastically. "Izzard picked them out of a drove -of at least a thousand last fall, and he has looked after the brutes and -pampered them like pet cats. They will go over sixteen hundred, every -one of them, and they are as fat as hogs and as broad on the backs as a -bed. I could slip out to his place and buy them to-night and have them -here in time to car to-morrow, if you think we can give the old man his -price." - -"They will bring six and a half in New York, and go like hot cakes," -said Harris, "but you will have to get out of this quick or you may run -into a crowd of buyers from Baltimore." - -"All right, Billy," said the cattle-shipper, rising and pulling on -his coat, "I will tackle the old man to-night. We had better go to -Clarksburg, and there you can lay low, and can come up to-morrow on the -freight that stops here for the cattle. I will go out to Izzard's from -there, and drive here by noon to-morrow. The accommodation will be along -in about a half hour. I will go down and order the cars." - -"Wait a moment, Woodford," said Harris, "we ought to have some written -agreement about this business." - -"What is the use?" answered the shipper. "We will go in even on it, but -if you want to fix up a little contract, go ahead, and I will sign it. -By the way, old Izzard is a little closer than most anybody else; we may -have to pay him something down." - -"I thought about that," said Harris, "and I brought some money with me, -but I did n't have time to gather up much. I have about six thousand -dollars here. Can you piece out with that?" - -"Easy," replied the shipper. "The old devil would not have the nerve to -ask more than ten thousand down." - -William Harris seated himself at the table and drew up a memorandum of -agreement between them, stating that they had formed a partnership -for the purpose of dealing in stock, and had put into it ten thousand -dollars as a partnership fund; that they were to share the profits or -losses equally between them, and that the partnership was to continue -for thirty days. This agreement both men signed, and Harris placed it in -his pocket. Then the two men ordered the cattle cars for the following -day and went to Clarksburg on the evening train. - -Here Harris asked Woodford if he should pay over to him the five -thousand dollars or put it in the bank. To this the cattle-shipper -replied that he did not like to take the risk of carrying money over the -country, and that it would be best to deposit it and check it out as it -should be needed. - -Woodford and Harris went to the bank. The shipper drew five thousand -dollars from his own private account, put it with the five thousand -which Harris handed him, and thrust the package of bills through the -window to the teller. - -"How do you wish to deposit this money, gentlemen?" asked the officer. - -"I don't know, hardly," said the shipper, turning to his companion; -"what do you think about it, Billy?" - -"Well," said the commission-merchant, thoughtfully, "I suppose we had -better deposit it in the firm name of Woodford & Harris, then you can -give your checks that way and they wont get mixed with your private -matters." - -"That is right," said the cattle-shipper, "put it under the firm -name." Whereupon the teller deposited the money subject to the check of -Woodford & Harris. - -"Now, Billy," continued Woodford, as they passed out into the street, "I -will buy these cattle and put them on the train to-morrow. You go down -with them. I will stay here and look over the country for another drove, -and, if you want more, telegraph me." - -"That suits me perfectly," replied Harris. "I must get back to New -York, and I can wire you just how matters stand the moment I see the -market." Then the two men shook hands and Harris returned to his hotel. - -The following afternoon William Harris went to Bridgeport on the freight -train. There he found twelve cars loaded with cattle, marked "Woodford -& Harris." At Grafton he hired a man to go through with the stock, and -took the midnight express for New York. - -The partnership formed to take advantage of the situation which -Harris had so fluently described, had been brought about with ease and -expedition. Woodford was well known to William Harris. He had met him -first in Baltimore where young Harris was a mere underling of one of the -great exporting firms. Afterwards he had seen him frequently in Jersey -City, and of late had sold some stock for him. The whole transaction was -in close keeping with the customs of men in this business. - -The confidence of one average cattle-man in another is a matter of -more than passing wonder. Yet almost from time immemorial it has been -respected, and instances are rare indeed where this confidence has been -betrayed to any degree. Perhaps after all the ancient theory that -"trust reposed breeds honesty in men," has in it a large measure -of truthfulness, and if practised universally might result in huge -elevation of the race. And it may be, indeed, that those who attempt to -apply this principle to the business affairs of men are philanthropists -of no little stature. But it is at best a dangerous experiment, wherein -the safeguards of society are lowered, and whereby grievous wrongs break -in and despoil the citizen. - -To the view of one standing out from the circle of things, men often -present queer contradictions. They call upon the state to protect them -from the petty rogue and make no effort to protect themselves from the -great one. They place themselves voluntarily in positions of peril, and -then cry out bitterly if by any mishap they suffer hurt from it, and -fume and rail at the law, when it is themselves they should rail at. -The wonder is that the average business man is not ruined by the rogue. -Surely the ignorance of the knave will not protect him always. - -The situation would seem to arise from a false belief that the -protection of the law is a great shield, covering at all points against -the attacks of wrong. - - - - -V. - -On Saturday afternoon about three o'clock, the cashier of the Fourth -National Bank in the town of Clarksburg called Thomas Woodford as he -was passing on the street, and requested him to come at once into the -directors' room. Woodford saw by the man's face that there was something -serious the matter and he hurried after him to the door of the private -office. As he entered, Mr. Izzard arose and crossed the room to him. The -old man held a check in his hand and was evidently laboring under great -excitement. - -"Woodford," he cried, thrusting the check up into the cattle-shipper's -face, "this thing is not worth a damn! There is no money here to pay -it." - -"No money to pay it!" echoed Woodford. "You must be crazy. We put the -money in here Monday. There's ten thousand dollars here to pay it." - -"Well," said the old man, trembling with anger, "there is none here now. -You gave me this check Tuesday on my cattle which you and Harris bought, -and you told me there was money here to meet it. I thought you were -all right, of course, and I did not come to town until to-day. Now the -cashier says there is not a cursèd cent here to the credit of you and -Harris." - -The blood faded out of the cattle-shipper's face, leaving him as white -as a sheet. He turned slowly to the cashier: "What became of that -money?" he gasped. - -"Why," the officer replied, "it was drawn out on the check of yourself -and Harris. Did n't you know about it? The check was properly endorsed." - -"Show me the check," said Thomas Woodford, striving hard to control the -trembling of his voice. "There must be some mistake." - -The cashier went to his desk and returned with a check, which he spread -out on the table before the cattle-shipper. The man seized it and -carried it to the light, where he scrutinized it closely. It was in -proper form and drawn in the firm name of "Woodford & Harris," directing -the Fourth National Bank to pay to William Harris ten thousand dollars. -It was properly endorsed by William Harris and bore the stamp of the New -York Clearing House. - -"When was this check cashed?" asked Woodford. - -"It was sent in yesterday," answered the cashier. "Is there anything -wrong with it?" - -For a time Woodford did not speak. He stood with his back to the two men -and was evidently attempting to arrive at some solution of the matter. -Presently he turned and faced the angry land-owner. - -"There has been a mistake here, Mr. Izzard," he said, speaking slowly -and calmly. "Suppose I give you my note for the money; the bank here -will discount it, and you will not be put to any inconvenience." - -To this the old gentleman readily assented. "All I want," he assured the -shipper, "is to be safe. Your note, Woodford, is good for ten times the -sum." - -Thomas Woodford turned to the desk and drew a negotiable note for the -amount of the check. This he gave to Mr. Izzard, and then hurried to -the telegraph office, where he wired Harris asking for an immediate -explanation of the mysterious transaction. - -He was a man accustomed to keep his own counsels, and he was not yet -ready to abandon them. He gave directions where the answer was to be -sent, then he went to the hotel, locked himself in his room, and began -to pace the floor, striving to solve the enigma of this queer proceeding -on the part of William Harris. - -The transaction had an ugly appearance. The money had been placed in the -bank by the two men for the express purpose of meeting this check, which -he had given to Izzard as a part payment on his stock. Harris knew this -perfectly, and had suggested it. Now, how should it happen that he had -drawn the money in his own name almost immediately upon his arrival in -New York? - -Could it be that Harris had concluded to steal the money? This the -cattle-shipper refused to believe. He had known Harris for years, and -knew that he was considered honest, as the world goes. Besides, Harris -would not dare to make such a bold move for the purpose of robbery. -His name was on the back of the check; there was no apparent attempt to -conceal it. No, there could be but one explanation, considered Woodford: -Harris had found the market rising and a great opportunity to make a -vast sum of money; consequently he had bought more stock and had been -compelled to use this money for the purpose of payment. There could be -no other explanation, so the cattle-shipper convinced himself. - -Thomas Woodford was not a man of wavering decisions. When his conclusion -was once formed, that was the end of it. He went over to the wash-stand, -bathed his face, and turned to leave the room. As he did so, some one -rapped on the door; when he opened it, a messenger boy handed him a -telegram. He took the message, closed the door, and went over to the -window. For a moment the dread of what the little yellow envelope might -possibly contain, made the big rough cattle-shipper tremble. Then he -dismissed the premonition as an unreasonable fear, and with calm finger -opened the message. The telegram was from New York, and contained -these few words: "Have been robbed. Everything is lost," and was signed -"William Harris." - -Thomas Woodford staggered as if some one had dealt him a terrible blow -in the face. The paper fell from his fingers and fluttered down on the -floor. The room appeared to swim round him; his heart thumped violently -for a moment, and then seemed to die down in his breast and cease its -beating. He sank down in his chair and fell forward on the table, -his big body limp under the shock of this awful calamity. It was all -perfectly plain to him now. The entire transaction from the beginning to -the end had been a deep-laid, cunning plan to rob him. The checking out -of the ten thousand dollars was but a small part of it Harris had sold -the cattle, and, seeking to keep the money, had simply said that he had -been robbed. The story about the probable dissolution of the exporters' -combine had been all a lie. He had been the dupe--the easy, willing -dupe, of a cunning villain. - -William Harris had come to West Virginia with the deliberate intention -of inveigling him into this very trap. He had left New York with the -entire scheme well planned. He had stopped at Bridgeport and told him -the plausible story about what would happen to the combine, in order to -arouse his interest and draw him into the plot and to account for his -own presence in the cattle region. It was a shrewdly constructed tale, -which, under the circumstances, the most cautious man in the business -would have believed. - -The man winced as he recalled how cunningly Harris had forced him to do -the very things he desired done, without appearing to even suggest them. -There was the deposit of the fund in the partnership name,--that seemed -all reasonable enough. It had not occurred to him that this money would -then be subject to Harris's check as well as his own. Then, too, it was -reasonable that he should go out and buy the cattle, and Harris ship -them,--Harris was a commission-merchant by trade, and this division of -the work was natural. Such a robbery had not occurred before in all the -history of this business, and how fatally well all the circumstances and -the customs of the trade fitted into the plan of this daring rascal! - -Then, like a benumbing ache, came the gradual appreciation of the -magnitude of this loss. The cattle were worth twenty thousand dollars. -He had agreed to pay Izzard that sum for the drove, and then there was -the five thousand of his own money. Twenty-five thousand dollars in all. -It was no small sum for the wealthiest to lose, and to this man in his -despair it loomed large indeed. - -Financial ruin is an evil-featured demon at best. The grasp of his hand -is blighting; the leer of his sunken face, maddening. It requires strong -will to face the monster when one knows that he is coming, even after -his shadow has been flitting across one's path for years. When he leaps -down suddenly from the dark upon the shoulders of the unsuspecting -passer-by, that one must be strong indeed if all that he possesses of -virtue and honesty and good motive be not driven out from him. - -The old clock on the court-house struck five, its battered iron tongue -crying out from above the place where men were accustomed to resort for -Justice. - -The sound startled Woodford and reminded him of something. He arose and -went to the window and stood looking at the gaunt old building. - -Yes, there was the Law. He had almost forgotten that, and the Law would -not tolerate wrong. It hated the evil-doer, and hunted him down even to -the death, and punished him. Men were often weak and half blind, but the -Law was strong always, and its eyes were far-sighted. The world was not -so large that the rogue could hide from it. In its strength it would -seek him out and hold him responsible for the evil he had done. It stood -ever in its majesty between the knave and those upon whom he sought to -prey; its shadow, heavy with warning, lay always before the faces of -vicious men. - -In his bitterness, Woodford thanked Heaven that this was true. From the -iron hand of the Law; William Harris should have vengeance visited upon -him to the very rim of the measure. - - - - -VI. - -Randolph Mason looked up from his desk as William Harris burst into his -office. The commission-merchant's face was red, and he was panting with -excitement. "Mr. Mason," he cried, "there is trouble on foot; you must -help me out!" - -"Trouble," echoed Mason, "is it any new thing to meet? Why do you come -back with your petty matters?" - -"It is no petty matter, sir," said Harris; "you planned the whole thing -for me, and you said it was no crime. Now they are trying to put me -in the penitentiary. You must have been wrong when you said it was no -crime." - -"Wrong?" said Mason, sharply. "What fool says I am wrong?" - -"Why, sir," continued Harris, rapidly, "Thomas Woodford has applied to -the Governor for an extradition, asking that I be turned over to the -authorities of West Virginia on the charge of having committed a felony. -You said I could draw out the partnership fund and keep it, and that I -could sell the cattle and buy foreign exchange with the money, and it -would be no crime. Now they are after me, and you must go to Albany and -see about it." - -"I shall not go to Albany," said Mason. "You have committed no crime and -cannot be punished." - -"But," said Harris, anxiously, "won't they take me down there? Won't the -Governor turn me over to them?" - -"The Governor," continued Mason, "is no fool. The affidavit stating the -facts, which must accompany the application, will show on its face -that no crime has been committed. You were a partner, with a partner's -control of the funds. The taking of partnership property by one partner -is no crime. Neither did you steal the cattle. They were sold to you. -Your partner trusted you. If you do not pay, it is his misfortune. -It was all a business affair, and by no possible construction can be -twisted into a crime. Nor does it matter how the partnership was formed, -so that it existed. It is no crime to lie in regard to an opinion. -You have violated no law,--you have simply taken advantage of its weak -places to your own gain and to the hurt of certain stupid fools. The -Attorney General will never permit an extradition in this case while the -world stands. Go home, man, and sleep,--you are as safe from the law as -though you were in the grave." - -With that, Randolph Mason arose and opened the office door. "I bid you -good-morning, sir," he said curtly. - -The Governor of New York pushed the papers across the table to the -Attorney General. "I would like you to look at this application for the -extradition of one Harris, charged with committing a felony in the State -of West Virginia," he said. "The paper seems to be regular, but I am -somewhat in doubt as to the proper construction to be placed upon the -affidavit stating the facts alleged to constitute this crime." - - - - -VII. - - -The Attorney General took the papers and went over them rapidly. "Well," -he said, "there is nothing wrong with the application. Everything -is regular except the affidavit, and it is quite clear that it fails to -support this charge of felony." - -"I was inclined to that opinion," said the Governor, "and I thought best -to submit the matter to you." - -"It is usual," continued the Attorney General, "to grant the application -without question, where the papers are regular and the crime is -charged, and it is not required that the crime be charged with the legal -exactness necessary in an indictment. The Governor is not permitted to -try the question whether the accused is guilty or not guilty. Nor is -he to be controlled by the question whether the offence is or is not a -crime in his own State, the question before him being whether the act -is punishable as a crime in the demanding State. The Governor cannot go -behind the face of the papers nor behind the facts alleged to constitute -a crime, and if these facts, by any reasonable construction, support the -charge of crime, the extradition will usually be granted. But it is a -solemn proceeding, and one not to be trifled with, and not to be invoked -without good cause, nor to be used for the purpose of redressing civil -injuries, or for the purpose of harassing the citizens; and where on -the face of the affidavit it is plainly evident that no crime has been -committed, and that by no possible construction of the facts stated -could the matter be punishable as a crime, then it is the duty of the -Governor to refuse the extradition. - -"In this case the authorities in the demanding State have filed an -affidavit setting forth at length the facts alleged to constitute a -felony. This paper shows substantially that a general partnership was -formed by William Harris and Thomas Woodford, and that pursuant to such -business relations certain partnership property came into the possession -of Harris; this property he converted to his own use. It is clear that -this act constituted no crime under the statutes of West Virginia or -the common law there obtaining. The property was general partnership -property; the money taken was a general partnership fund, subject to the -check of either partner. The partner Harris was properly in possession -of the cattle as a part owner. He was also lawfully entitled to the -possession of the partnership fund if he saw fit to draw it out and use -it. If it be presumed that his story of the robbery is false, and that -he deliberately planned to secure possession of the property and money, -and did so secure possession of it, and converted it to his own use, yet -he has committed no crime. He has simply taken advantage of the trust -reposed in him by his partner Woodford, and has done none of those acts -essential to a felony. The application must be refused." - -"That was my opinion," said the Governor, "but such a great wrong had -been done that I hesitated to refuse the extradition." - -"Yes," answered the Attorney General, "all the wrong of a serious -felony has been done, but no crime has been committed. The machinery -of criminal jurisprudence cannot be used for the purpose of redressing -civil wrong, the distinction being that, by a fiction of law, crimes are -wrongs against the State, and in order to be a crime the offence must be -one of those wrongs described by the law as being against the peace and -dignity of the State. If, on the other hand, the act be simply a wrong -to the citizen and not of the class described as being offences against -the State, it is no crime, no matter how injurious it may be or how -wrongful to the individual. The entire transaction was a civil matter -resulting in injury to the citizen, Woodford, but it is no crime, and is -not the proper subject of an extradition." - -The Governor turned around in his chair. "James," he said to his private -secretary, "return the application for the extradition of William -Harris, and say that upon the face of the papers it is plainly evident -that no crime has been committed." - -The blow which Fate had sought to deliver with such malicious cunning -against the confidential clerk of Beaumont, Milton, & Company had been -turned aside, and had fallen with all its crushing weight upon the -shoulders of another man, five hundred miles to westward, within the -jurisdiction of a distant commonwealth. - - - - -IV--THE ERROR OF WILLIAM VAN BROOM - - -_[The lawyer will at once see that the false making of this paper is no -forgery, and that no crime has been committed. See the Virginia case of -Foulke in 2 Robinson's Virginia Reports, 836; the case of Jackson vs. -Weisiger, 11 Ky. (Monroe Reports), 214; and the later case of Charles -Waterman vs. The People, 67 111., 91.]_ - - - - -I. - -THE morning paper contained this extravagant personal: "Do not suicide. -If you are a non-resident of New York in difficulty, at nine to-night -walk east by the corner of the -------- Building with a copy of this -paper in your right hand." - -The conservative foreigner, unfamiliar with our great dailies, would, -perhaps, be surprised that the editor would print such a questionable -announcement in his paper, but at this time in New York the personal -column had become a very questionable directory, resorted to by all -classes of mankind for every conceivable purpose, be it gain, adventure, -or even crime; no one thought to question the propriety of such -publications. Indeed, no one stopped to consider them at all, unless he -happened to be a party in interest. - - - - -II. - - -A few minutes before the hour mentioned in the above personal, a cab -came rattling down -------- - -Street. The driver wore a fur-cap and a great-coat buttoned up around -his ears. As he turned the corner to the -------- Building, he glanced -down at his front wheel and brought his horses up with a jerk. There was -evidently something wrong with the wheel, for he jumped down from the -box to examine it. He shook the wheel, took off the tap, and began to -move the hub carefully out toward the end of the axle. As he worked he -kept his eyes on the corner. Presently a big, plainly dressed man walked -slowly down by the building. He carried a half-open newspaper in his -right hand and seemed to be keeping a sharp lookout around him. He -stopped for a moment by the carriage, satisfied himself that it was -empty, and went on. At the next corner he climbed up on the seat of the -waiting patrol wagon and disappeared. - -The cabman seemed to be engrossed with the repair of his wheel and -gave no indication that he had seen the stranger. Almost immediately -thereafter a second man passed the corner with a newspaper in prominent -evidence. He was a "hobo" of the most pronounced type and marched by -with great difficulty. After he had passed, he turned round and threw -the newspaper into the gutter with a volley of curses. - -The cabman worked on at his wheel. He had now removed it to the end of -the axle and was scraping the boxing with his knife. At this moment a -young man wearing a gray overcoat and a gray slouch hat came rapidly -down the street. At the corner he put his hand quickly into his overcoat -pocket, took out a newspaper, and immediately thrust it into his other -pocket. The cabman darted across the street and touched him on the -shoulder. The man turned with a quick, nervous start. The cabman took -off his cap, said something in a low tone, and pointed to his wheel. -The two men crossed to the carriage. The cabman held the axle and the -stranger slipped the wheel into place, while the two talked in low -tones. When it was done, the stranger turned round, stepped up on the -pavement, and hurried on by the building. The cabman shut his door with -a bang, climbed up on his box, and drove rapidly down -------- Street. - - - - -III. - -Parks," said Randolph Mason, taking off his great-coat in the private -office, "who wanted to see me at this unusual hour?" - -"He was a Philadelphia man, he said, sir," answered the little -melancholy clerk. - -"Well," said Mason, sharply, "did he expect to die before morning that I -should be sent for in the middle of the night?" - -"He said that he would leave at six, sir, and must see you as soon as -possible, so I thought I had best send for you." - -"He is to be here at ten, you say?" - -"At ten, sir," answered the little man, going out into the other office -and closing the door behind him. When the door was closed, Parks went -over to a corner of the room, took up a hackman's overcoat and fur cap, -put them into one of the bookcases and locked the sliding top. Then he -went quietly out of the room and down the steps to the entrance of the -building. - -In the private office Randolph Mason walked backward and forward with -his hands in his pockets. He was restless and his eyes were bright. - -"Another weakling," he muttered, "making puny efforts to escape from -Fate's trap, or seeking to slip from under some gin set by his fellows. -Surely, the want of resources on the part of the race is utter, is -abysmal. What miserable puppets men are! moved backward and forward in -Fate's games as though they were strung on a wire and had their bellies -filled with sawdust! Yet each one has his problem, and that is the -important matter. In these problems one pits himself against the -mysterious intelligence of Chance,--against the dread cunning and the -fatal patience of Destiny. Ah! these are worthy foemen. The steel grates -when one crosses swords with such mighty fencers." - -There was a sound as of men conversing in low tones in the outer office. -Mason stopped short and turned to the door. As he did so, the door was -opened from the outside and a man entered, closed the door behind him, -and remained standing with his back against it. - -Randolph Mason looked down at the stranger sharply. The man wore a gray -suit and gray overcoat; he was about twenty-five, of medium height, -with a clean-cut, intelligent face that was peculiar; originally it had -expressed an indulgent character of unusual energy. Now it could not be -read at all. It was simply that silent, immobile mask so sought after by -the high-grade criminal. His face was white, and the perspiration, was -standing out on his forehead, indicating that he was laboring under some -deep and violent emotion. Yet, with all, his manner was composed and -deliberate, and his face gave no sign other than its whiteness; it was -calm and expressionless, as the face of the dead. - -Randolph Mason dragged a big chair up to his desk, sat down in his -office chair and pointed to the other. The stranger came and sat down -in the big chair, gripping its arms with his hands, and without -introduction or comment began to talk in a jerky, metallic voice. - -"This is all waste of time," he said. "You won't help me. There is no -reason for my being here. I should have had it over by this time, and -yet that would not help her, and she is the only one. It would be the -meanest kind of cowardice to leave her to suffer; and yet I dare not -live to see her suffer, I could not bear that. I love her too much for -that, I----" - -"Sir," said Mason, brutally, "this is all irrelevant rant. Come to the -point of your difficulty." - -The stranger straightened up and passed his hand across his forehead. -"Yes," he said, "you are right, sir; it is all rant. I forget where I -am. I will be as brief and concise as possible. - -"My name is Camden Gerard. I am a gambler by profession. My mother -died when I was about ten years old and my father, then a Philadelphia -lawyer, found himself with two children, myself and my little sister, a -mere baby in arms. He sent me to one of the eastern colleges and put the -baby in a convent. Thus things ran on for perhaps ten or twelve years. -The evil effect of forcing me into a big college at an early age soon -became apparent I came under the influence of a rapid and unscrupulous -class and soon became as rapid and unscrupulous as the worst. I went all -the paces and gradually became an expert college gambler of such high -order that I was able to maintain myself. At about twelve my sister -Marie began to show remarkable talent as an artist and my father, -following her wishes, took her to Paris and placed her in one of the -best art schools of that city. In a short time thereafter my father -died suddenly, and it developed after investigation that he had left no -estate whatever. I sold the books and other personal effects, and found -myself adrift in the world with a few hundred dollars, no business, no -profession, and no visible means of support, and, further, I had this -helpless child to look after. - -"I went to supposed friends of my father and asked them to help me into -some business by which I could maintain myself and my little sister. -They promised, but put me off with one excuse after another, until I -finally saw through their hypocrisy and knew that they never intended -to assist me. I felt, indeed, that I was adrift, utterly helpless and -friendless, and the result was, that I resorted to my skill as a gambler -for the purpose of making a livelihood. For a time fortune favored me, -and I lived well, and paid all the college expenses of Marie. I was -proud of the child. She was sweet and lovable, and developing into a -remarkably handsome girl. About two months ago, my luck turned sharply -against me; everything went wrong with long jumps. Night after night -I was beaten. Anybody broke me, even the 'tender-feet,' I gathered -together every dollar possible and struggled against my bad fortune, but -to no purpose. I only lost night after night. In the midst of all, Marie -wrote to me for money to pay her quarterly bills. I replied that I would -send it in a short time. I pawned everything, begged and borrowed and -struggled, and resorted to every trick and resource of my craft; but all -was utterly vain and useless. I was penniless and stranded. On the heels -of it all, I to-day received another letter from Marie, saying that her -bills must be paid by the end of the month, or they would turn her out -into the city." - -His voice trembled and the perspiration poured out on his forehead. "You -know what it means for a helpless young girl to be turned out in Paris," -he went on; "I know, and the thought of it makes me insanely desperate. -Now," said the man, looking Mason squarely in the eyes, "I have told you -all the truth. What am I to do?" - -For a time Mason's face took on an air of deep abstraction. "This is -Saturday night," he said, as though talking to himself. "You should -complete it by Friday. There is time enough." - -"Young man," he continued, speaking clearly and precisely, "you are to -leave New York for West Virginia to-morrow morning. A messenger boy will -meet you at the train, with a package of papers which I shall send. In -it you will find full instructions and such things as you will need. -These instructions you are to follow to the very letter. Everything will -depend on doing exactly as I say, but," he continued, with positive and -deliberate emphasis, "this must not fail." - -The man arose and drew a deep breath. "It will not fail," he said; "I -will do anything to save her from disgrace,--anything." Then he went -out. - -At the entrance of the building Parks stepped up and touched the -stranger on the shoulder. "My friend," he said, "I will bring those -papers myself, and I will see that you have sufficient money to carry -this thing through. But remember that I am not to be trifled with. You -are to come here just as soon as you return." - - - - -IV. - -Shortly before noon on Monday morning, Camden Gerard stepped into the -jewelry establishment of William Van Broom, in the city of Wheeling, and -asked for the proprietor. That gentleman came forward in no very kindly -humor. Upon seeing the well dressed young man, he at once concluded that -he was a high-grade jewel drummer, and being a practical business man, -he was kindly at sales and surly at purchases. - -"This is Mr. Van Broom, I believe," said the young man. "My name -is Gerard. I am from New York, sir." Then noticing the jeweller's -expression, he added, quickly: "I am not a salesman, sir, and am not -going to consume your time. I am in West Virginia on business, and -stepped in here to present a letter of introduction which my friend, -Bartholdi, insisted upon writing." - -The affability of the jeweller returned with a surge. He bowed and -beamed sweetly as he broke the seal of the letter of introduction. The -paper bore the artistic stamp of Bartholdi and Banks, the great diamond -importers, and ran as follows: - -"William Van Broom, Esq., - -"Wheeling, West Va. - -"Dear Sir: - -"This will introduce Mr. Camden Gerard. Kindly show him every possible -courtesy, for which we shall be under the greatest obligations. - -"Most sincerely your obedient servants, - -"Bartholdi and Banks" - -The jeweller's eyes opened wide with wonder. He knew this firm to be the -largest and most aristocratic dealers in the world. It was much honor, -and perhaps vast benefit, to be of service to them, and he was flattered -into the seventh heaven. - -"I am indeed glad to meet you, sir," he said, seizing the man's hand and -shaking it vigorously. "I certainly hope that I can be of service. It is -now near twelve; you will come with me to lunch at the club?" - -"I thank you very much," answered Camden Gerard, "but I am compelled -to go to the Sistersville oil field on the noon train. However, I will -return at eight, and shall expect you to dine with me at the hotel." - -The jeweller accepted the invitation with ill-concealed delight. The -young man thanked him warmly for his kindly interest, bade him good-day, -and went out. - -That night at eight, Camden Gerard and Mr. William Van Broom dined -in the best style the city could afford. The wine was excellent and -plentiful, and Gerard proved to be most entertaining. He was brilliant -and considerate to such a degree, that when the two men parted for -the night the jeweller assured himself that he had never met a more -delightful companion. - -The following morning Camden Gerard dropped into the store for a few -moments, and while conversing with his friend Van Broom, noticed a -little ring in the show window. He remarked on its beauty, and intimated -that he must purchase a birthday present for his little daughter. The -jeweller took the ring from the case and handed it to Gerard. That -gentleman discovered that it was far prettier than he had at first -imagined it, and inquired the price. - -"It is marked at twenty-five dollars," said the jeweller. - -"Why," said Camden Gerard, "that is very cheap; I will take it." - -The jeweller wrapped up the ring and gave it to the New Yorker. That -gentleman paid the money and returned to his hotel. - -The next day Camden Gerard was presumably down in the great Tyler County -oil field. At any rate he returned to the city on the evening train and -dined with Van Broom at the club. As the evening waned, the men grew -confidential. Gerard spoke of the vast fortunes that were made in oil. -He said that the West Virginia fields were scarce half developed, but -that they had already attracted the attention of the great Russian -companies and that gigantic operations might be soon expected. -He denounced the autocratic policy of the Czar in regard to oil -transportation, and hinted vaguely at vast international combines. He -spoke of St. Petersburg and the larger Russian cities; of the manners -and customs of the nobility; of their vast fortunes, and their very -great desire to invest in America. He intimated vaguely that there now -existed in New York a colossal syndicate backed by unlimited Russian -capital, but he gave the now excited and curious jeweller no definite -information concerning himself or his business in West Virginia, -shrewdly leaving Van Broom to draw his own inferences. - -It was late when William Van Broom retired to his residence. He was -happy and flattered, and with reason. Had he not been selected by the -great firm of Bartholdi & Banks to counsel with one who, he strongly -suspected, was the private agent of princes? - -About two o'clock on the following Thursday afternoon, Mr. Camden Gerard -called upon William Van Broom and said that he wished to speak with -him in his private office. The New Yorker was soiled and grimy, and -had evidently just come from a train, but he was smiling and in high -spirits. - -When the two men were alone in the private office, Camden Gerard took a -roll of paper from his pocket, and turned to Van Broom. "Here are some -papers," he said, speaking low that he might not be overheard. "I have -no secure place to put them, and I would be under great obligations to -you if you would kindly lock them up in your safe." - -"Certainly," said the jeweller, taking the papers and crossing to the -safe. He threw back the door and pulled out one of the little boxes. It -contained an open leather case in which there was a magnificent diamond -necklace. - -"By George!" said Camden Gerard, "those are splendid stones." - -"Yes," answered Van Broom, taking out the case and handing it to the -New Yorker. "They are too valuable for my trade; I am going to return -them." - -Camden Gerard carried the necklace to the light and examined it -critically. The stones were not large but they were clear and flawless. - -"What are these worth?" he said, turning to Van Broom. - -"Thirty-five hundred dollars," answered the jeweller. - -"What!" cried Gerard, "only thirty-five hundred dollars for this -necklace? It is the cheapest thing I ever saw. You are away under the -foreign dealers." - -"They are cheap," said Van Broom. "That is almost the wholesale price." - -"But," said Camden Gerard, "you must be mistaken. Your mark is certainly -wrong. I have seen smaller stones in the Russian shops for double the -price." - -"We can't sell the necklace at that figure," said Van Broom, smiling. -"We are not such sharks as your foreign dealers." - -"If you mean that," said Camden Gerard, "I will buy these jewels here -and now. I had intended purchasing something in the east for my wife, -but I can never do better than this." - -The New Yorker took out his pocket-book and handed Van Broom a bill. -"Before you retract," he said, "here is fifty to seal the bargain. Get -your hat and come with me to the bank." - -"All right," said Mr. Van Broom, taking the money. "The necklace is -yours, my friend." Camden Gerard closed the leather case and put it into -his pocket. The jeweller locked the safe, put on his hat, and the two -went out of the store and down the street to the banking house of the -Mechanics' Trust Company. Mr. Gerard enquired for the cashier. The -teller informed him that the cashier was in the back room of the bank -and if he would step back he could see him. The New Yorker asked his -companion to wait for a moment until he spoke with the cashier. Then he -went back into the room indicated by the teller, closing the door after -him. - -The cashier sat at a table engaged with a pile of correspondence. He was -busy and looked up sharply as the man entered. - -"Sir," said the New Yorker, "have you received a sealed package from the -Adams Express Company consigned to one Camden Gerard?" - -"No," answered the cashier, turning to his work. - -"You have not?" repeated Gerard, excitedly, "then I will run down to -the telegraph office and see what is the matter." Thereupon he crossed -hurriedly to the side door of the office, opened it and stepped out into -the street. The cashier went on with his work. - -For perhaps a quarter of an hour William Van Broom waited for his -companion to conclude his business with the cashier. Finally he grew -impatient and asked the teller to remind Mr. Gerard that he was waiting. -The teller returned in a moment and said that the gentleman had gone to -the telegraph office some time ago. The jeweller's heart dropped like a -lead plummet. He turned without a word and hurried to the office of the -Western Union. Here his fears were confirmed, Camden Gerard had not been -in the office. He ran across the street to the hotel and enquired for -the New Yorker. The clerk informed him that the gentleman had paid his -bill and left the hotel that morning. The jeweller's anxiety was at -fever heat, but with all he was a man of business method and knew the -very great value of silence. He called a carriage, went to the chief -of police, and set his machinery in motion. Returning to his place of -business he opened the safe and took out the package of papers which -Camden Gerard had given him. Upon examination this proved to be simply -a roll of blank oil leases. Then remembering the letter of introduction, -he telegraphed to Bartholdi & Banks. Hours passed and not the slightest -trace of Camden Gerard could be found. The presumed friend of the great -diamond importers had literally vanished from the face of the earth. - -About four o'clock the jeweller received an answer from Bartholdi & -Banks, stating that they knew no such man as Camden Gerard and that his -letter of introduction was false. Mr. William Van Broom was white with -despair. He put the letter and answer into his pocket and went at once -to the office of the prosecuting attorney for the State and laid the -whole matter before him. - -"My dear sir," said that official, when Mr. Van Broom had finished his -story, "your very good friend Camden Gerard owes you thirty-four hundred -and fifty dollars, which he will perhaps continue to owe. You may as -well go back to your business." - -"What do you mean?" said the jeweller. - -"I mean," replied the attorney, "that you have been the dupe of a shrewd -knave who is familiar with the weak places in the law and has resorted -to an ingenious scheme to secure possession of your property without -rendering himself liable to criminal procedure. It is true that if the -diamonds were located you could attach and recover them by a civil -suit, but it is scarcely possible that such a shrewd knave would permit -himself to be caught with the jewels, and it is certain that he has some -reasonably safe method by which he can dispose of them without fear of -detection. He has trapped you and has committed no crime. If you had -the fellow in custody now, the judge would release him the moment an -application was made. The entire matter was only a sale. He bought the -jewels and you trusted him. He is no more a law-breaker than you are. He -is only a sharper dealer." - -"But, sir," cried the angry Van Broom, spreading the false letter out on -the table, "that is forged, every word of it. I will send this fellow to -the penitentiary for forgery. I will spend a thousand dollars to catch -him." - -"If you should spend a thousand dollars to catch him," said the -attorney, smiling, "you would never be able to send him to the -penitentiary on that paper. It is not forgery." - -"Not forgery!" shouted the jeweller, "not forgery, man! The rascal wrote -every word of that letter. He signed the name of Bartholdi & Banks at -the bottom of it. Every word of that paper is false. The company never -heard of it. Here is their telegram." - -"Mr. Van Broom," said the public prosecutor, "listen to me, sir. All -that you say is perhaps true. Camden Gerard doubtless wrote the entire -paper and signed the name of Bartholdi & Banks, and presented it to -you for a definite purpose. To such an act men commonly apply the term -forgery, and in the common acceptation of the word it is forgery and a -reprehensible wrong; but legally, the false making of such a paper as -this is not forgery and is no crime. In order to constitute the crime -of forgery, the instrument falsely made must be apparently capable of -effecting a fraud, of being used to the prejudice of another's right. It -must be such as might be of legal efficacy, or might be the foundation -of some legal liability. - -"This paper in question, although falsely made, has none of the vital -elements of forgery under the law. If genuine, it would have no legal -validity, as it affects no legal rights. It would merely be an -attempt to receive courtesies on a promise, of no legal obligation, to -reciprocate them; and courtesies have never been held to be the subject -of legal fraud. This is a mere letter of introduction, which, by no -possibility, could subject the supposed writer to any pecuniary loss or -legal liability. It is not a subject of forgery, and its false making is -no crime. - -"Men commonly believe that all writings falsely made or falsely altered -are forgeries. There was never a greater error. Forgery may be committed -only of those instruments in writing which, if genuine, would, or might -appear as the foundation of another man's liability, or the evidence of -his right. All wrongful and injurious acts are not punished by the -law. Wrongs to become crimes must measure up to certain definite and -technical standards. These standards are laid down rigidly by the law -and cannot be contracted or expanded. They are fixed and immutable. The -act done must fit closely into the prescribed measure, else it is no -crime. If it falls short, never so little, in any one vital element, the -law must, and will, disregard it as criminal, no matter how injurious, -or wrongful, or unjust it may be. The law is a rigid and exact science." - -Mr. William Van Broom dropped his hands to his sides and gazed at the -lawyer in wonder. - -"These facts," continued the attorney, in his clear, passionless voice, -"are matters of amazement to the common people when brought to their -attention. They fail to see the wise but technical distinctions. They -are willing to trust to what they are pleased to call common-sense, and, -falling into traps laid by the cunning villain, denounce the law for -impotency." - -"Well," said the jeweller, as he arose and put on his overcoat, "what is -the good of the law anyhow?" - -The prosecuting attorney smiled wearily. To him the wisdom of the -law was clear, beautiful, and superlatively just. To the muddy-headed -tradesman it was as color to the blind. - - - - -V. - -Over in the art school of old Monsieur Pontique, Marie Gerard saw -the result of the entire matter in the light of kindness and sweet -self-sacrifice; and perhaps she saw it as it was. This is a queer world -indeed. - - - - -V--THE MEN OF THE JIMMY - -_[See Ranney vs. The People, 22 N.Y.R., 413; Scott vs. The People, 66 -Barb. [N.Y], 62; The People vs. Blanchard, 90 N. Y. Repts., 314. -Also, Rex vs. Douglas, 2 Russell on Crimes, 624, and other cases there -cited.]_ - - - - -I. - -PARKS," said Randolph Mason, "has Leslie Wilder a country place on the -Hudson?" - -"Yes, sir," replied the bald little clerk. "It is at Cliphmore, I think, -sir." - -"Well," said Mason, "here is his message, Parks, asking that I come to -him immediately. It seems urgent and probably means a will. Find out -what time a train leaves the city and have a carriage." - -The clerk took the telegram, put on his coat, and went down on the -street. It was cold and snowing heavily. The wind blew up from the -river, driving the snow in great, blinding sheets. The melancholy Parks -pulled his hat down over his face, walked slowly round the square, and -came back to the entrance of the office building. Instead of taking the -elevator he went slowly up the steps into the outer office. Here he took -off his coat and went over to the window, and stood for some minutes -looking out at the white city. - -"At any rate he will not suspect me," he muttered, "and we must get -every dollar possible while we can. He won't last always." - -At this moment a carriage drove up and stopped by the curb. Parks turned -round quickly and went into Mason's private office. "Sir," he said, -"your train leaves at six ten, and the carriage is waiting." - -When Randolph Mason stepped from the train at the little Cliphmore -station, it was pitch dark, and the snow was sweeping past in great -waves. He groped his way to the little station-house and pounded on the -door. There was no response. As he turned round a man stepped up on the -platform, pulled off his cap, and said, "Excuse me, sir, the carriage is -over here, sir." Mason followed the man across the platform, and up what -seemed to be a gravel road for perhaps twenty yards. Here they found -a closed carriage. The man threw open the door, helped Mason in, and -closed it, forcing the handle carefully. Then he climbed up in front, -struck the horses, and drove away. - -For perhaps half an hour the carriage rattled along the gravel road, and -Mason sat motionless. Suddenly he leaned over, turned the handle of the -carriage door, and jerked it sharply. The door did not open. He tucked -the robes around him and leaned back in the seat, like a man who had -convinced himself of the truth of something that he suspected. Presently -the carriage began to wobble and jolt as though upon an unkept country -road. The driver pulled up his horses and allowed them to walk. The snow -drifted up around him and he seemed to have great difficulty in -keeping to the road Presently he stopped, climbed down from the box -and attempted to open the door. He apparently had some difficulty, but -finally threw it back and said: "Dis is de place, sir." - -Randolph Mason got out and looked around him. "This may be the place," -he said to the man, "but this is not Wilder's."' - -"I said dis here is de place," answered the man, doggedly. - -"Beyond a doubt," said Mason, "and since you are such a cunning liar I -will go in." - -The driver left the horses standing and led the way across what seemed -to be an unkept lawn, Mason following. A house loomed up in the dark -before them. The driver stopped and rapped on the door. There was no -light visible and no indication of any inhabitant. The driver rapped -again without getting any response. Then he began to curse, and to kick -the door violently. - -"Will you be quiet?" said a voice from the inside, and the door opened. -The hall-way was dark, and the men on the outside could not see the -speaker. - -"Here is de man, sir," said the driver. - -"That is good," replied the voice; "come in." - -The two men stepped into the house. The man who had bid them enter -closed the door and bolted it. Then he took a lantern from under his -coat and led them back through the hall to the rear of the building. -The house was dilapidated and old, and had the appearance of having been -deserted for many years. - -The man with the lantern turned down a side hall, opened a door, and -ushered Mason into a big room, where there was a monster log fire -blazing. - -This room was dirty and bare. The windows were carefully covered from -the inside, so as to prevent the light from being seen. There was no -furniture except a broken table and a few old chairs. At the table -sat an old man smoking a pipe. He had on a cap and overcoat, and was -studying a newspaper spread out before him. He seemed to be spelling -out the words with great difficulty, and did not look up. Randolph -Mason took off his great-coat, threw it over a chair, and seated himself -before the fire. The man with the lantern placed it on the mantel-shelf, -took up a short pipe, and seating himself on a box by the hearth corner, -began to smoke. He was a powerful man, perhaps forty years old, clean -and decently dressed. His forehead was broad. His eyes were unusually -big and blue. He seemed to be of considerable intelligence, and his -expression, taken all in all, was innocent and kindly. - -For a time there was nothing said. The driver went out to look after -his horses. The old man at the table labored on at his newspaper, and -Randolph Mason sat looking into the fire. Suddenly he turned to the man -at his left. "Sir," said he "to what difficulty am I indebted for this -honor?" - -"Well," said the man, putting his pipe into his pocket, "the combination -is too high for us this time; we can't crack it. We knew about you and -sent for you." - -"Your plan for getting me here does little credit to your wits," said -Mason; "the trick is infantile and trite." - -"But it got you here anyhow," replied the man. - -"Yes," said Mason, "when the dupe is willing to be one. But suppose I -had rather concluded to break with your driver at the station? It is -likewise dangerous to drive a man locked in a carriage when he may -easily kill you through the window." - -"Trow on de light, Barker," said the old man at the table; "what is de -use of gropin'?" - -"Well," said the younger man, "the fact is simply this: The Boss and -Leary and a 'supe' were cracking a safe out in the States. They were -tunnelling up early in the morning, when the 'supe' forced a jimmy -through the floor. The bank janitor saw it, and they were all caught and -sent up for ten years. We have tried every way to get the boys out, -but have been unable to do anything at all, until a few days ago we -discovered that one of the guards could be bribed to pass in a kit, and -to hit the 'supe' if there should be any shooting, if we could put up -enough stuff. He was to be discharged at the end of his month anyway, -and he did not care. But he would not move a finger under four thousand -dollars. We have been two weeks trying to raise the money, and have -now only twelve hundred. The guard has only a week longer, and another -opportunity will not occur perhaps in a lifetime. We have tried -everything, and cannot raise another hundred, and it is our only chance -to save the Boss and Leary." - -"Dat is right," put in the old man; "it don't go at all wid us, we is -gittin' trowed on it, and dat is sure unless dis gent knows a good ting -to push, and dat is what he is here fur, to name de good ting to push. -Dat is right, dat 's what we 's got to have, and we 's got to have it -now. We don't keer no hell-room fur de 'supe,' it's de Boss and Leary we -wants." - -Randolph Mason got up and stood with his back to the fire. The lines of -his face grew deep and hard. Presently he thrust out his jaw, and began -to walk backward and forward across the room. - -"Barker," muttered the old man, looking up for the first time, "de guy -has jimmy iron in him." - -The blue-eyed man nodded and continued to watch Mason curiously. -Suddenly, as he passed the old man at the table, Mason stopped short -and put his finger down on the newspaper. The younger man leaped up -noiselessly, and looking over Mason's shoulder read the head-lines under -his finger. "Kidnapped," it ran. "The youngest son of Cornelius Rockham -stolen from the millionaire's carriage. Large rewards offered. No clew." - -"Do you know anything about this?" said Mason, shortly. - -"Dat 's de hell," replied the old man, "we does n't." - -Mason straightened up and swung round on his heel. "Sir," he said to -the man Barker, "are you wanted in New York?" - -"No," he replied, "I am just over; they don't know me." - -"Good," said Mason, "it is as plain as a blue print. Come over here." - -The two crossed to the far corner of the room. There Mason grasped the -man by the shoulder and began to talk to him rapidly, but in a voice too -low to be heard by the old man at the table. "Smoove guy, dis," muttered -the old man. "He may be fly in de nut, but he takes no chances on de -large audejence." - -For perhaps twenty minutes Randolph Mason talked to the man at the wall. -At first the fellow did not seem to understand, but after a time his -face lighted up with wonder and eagerness, and his assurance seemed to -convince the speaker, for presently they came back together to the fire. - -"You," said Mason to the old man, "what is your name?" - -"It cuts no ice about de label," replied the old man, pulling at his -pipe. "Fur de purposes of dis seeyance I am de Jook of Marlbone." - -"Well," said Mason, putting on his coat, "Mr. Barker will tell your -lordship what you are to do." - -The big blue-eyed man went out and presently returned with the carriage -driver. "Mr. Mason," he said, "Bill will drive you to the train and you -will be in New York by twelve." - -"Remember," said Mason, savagely, turning around at the door, "it must -be exactly as I have told you, word for word." - - - - -II - - -I tell you," said Cornelius Rockham, "it is the most remarkable -proposition that I have ever heard." - -"It is strange," replied the Police Chief, thoughtfully. "You say the -fellow declared that he had a proposition to make in regard to -the child, and that he refused to make it save in the presence of -witnesses." - -"Yes, he actually said that he would not speak with me alone or where he -might be misunderstood, but that he would come here to-night at ten and -State the matter to me and such reliable witnesses as I should see fit -to have, not less than three in number; that a considerable sum of money -might be required, and that I would do well to have it in readiness; -that if I feared robbery or treachery, I should fill the house with -policemen, and take any and every precaution that I thought necessary. -In fact, he urged that I should have the most reliable men possible for -witnesses, and as many as I desired, and that I must avail myself of -every police protection in order that I might feel amply and thoroughly -secure." - -"Well," said the Police Chief, "if the fellow is not straight he is a -fool. No living crook would ever make such a proposition." - -"So I am convinced," replied Mr. Rockham. "The precautions he suggests -certainly prove it. He places himself absolutely in our hands, and knows -that if any crooked work should be attempted we have everything ready to -thwart it; that there is nothing that he could accomplish, and he would -only be placing himself helplessly in the grasp of the police. However, -we will not fail to avail ourselves of his suggestion. You will see to -it, Chief?" - -"Yes," said the officer, rising and putting on his coat. "We will give -him no possible chance. It is now five. I will send the men in an hour." - -At ten o'clock that night, the palatial residence of Cornelius Rockham -was in a state of complete police blockade. All the approaches were -carefully guarded. The house itself, from the basement to the very roof, -literally swarmed with the trusted spies of the police. The Chief -felt indeed that his elaborate precautions were in a vast measure -unnecessary. He was not a quick man, but he was careful after a -ponderous method, and trusted much to precautionary safeguards. - -Cornelius Rockham, the Chief, and two sergeants in citizen's dress, were -waiting. Presently the bell rang and a servant ushered a man into the -room. He was big and plainly dressed. His hair was brown and his -eyes were blue, frank and kindly and his expression was pleasant and -innocent, almost infantile. - -"Good-evening, gentlemen," he said, "I believe I am here by appointment -with Mr. Rockham." - -"Yes," replied Cornelius Rockham, rising, "pray be seated, sir. I have -asked these gentlemen to be present, as you suggested." - -"Your time is valuable, no doubt," said the man, taking the proffered -chair, "and I will consume as little of it as possible. My name is -Barker. I am a comparative stranger in this city, and by pure accident -am enabled to make the proposition which I am going to make. Your child -has been missing now for several days, I believe, without any clew -whatever. I do not know who kidnapped it, nor any of the circumstances. -It is now half-past ten o'clock. I do not know where it is at this time, -and I could not now take you to it. At eleven o'clock to-night, I shall -know where it is, and I shall be able to take you to it. But I need -money, and I must have five thousand dollars to compensate me for the -information." - -The man paused for a moment, and passed his hand across his forehead. -"Now," he went on, "to be perfectly plain. I will not trust you, and -you, of course, will not trust me. In order to insure good faith on both -sides, I must ask that you pay me the money here, in the presence of -these witnesses, then handcuff me to a police officer, and I will take -you to the child at eleven o'clock. You may surround me with all the -guards you think proper, and take every precaution to insure your -safety and prevent my escape. You will pardon my extreme frankness, but -business is business, and we all know that matters of this kind must be -arranged beforehand. Men are too indifferent after they get what they -want." Barker stopped short, and looked up frankly at the men around -him. - -Cornelius Rockham did not reply, but his white, haggard face lighted -up hopefully. He beckoned to the Police Chief, and the two went into an -adjoining room. - -"What do you think?" said Rockham, turning to the officer. - -"That man," replied the Chief, "means what he says, or else he is an -insane fool, and he certainly bears no indication of the latter. It is -evident that he will not open his mouth until he gets the money, for -the reason that he is afraid that he will be ignored after the child -is recovered. I do not believe there is any risk in paying him now, and -doing as he says; because he cannot possibly escape when fastened to a -sergeant, and if he proves to be a fake, or tries any crooked work, we -will return the money to you and lock him up." - -"I am inclined to agree with you," replied Rockham; "the man is -eccentric and suspicious, but he certainly will not move until paid, and -we have no charge as yet upon which to arrest him. Nor would it avail us -anything if we did. There is little if any risk, and much probability of -learning something of the boy. I will do it." - -He went down to the far end of the hall and took a package of bills from -a desk. Then the two men returned to the drawing-room. - -"Sir," said Rockham to Barker, "I accept your proposition, here is the -money, but you must consider yourself utterly in our hands. I am willing -to trust you, but I am going to follow your suggestion." - -"A contract is a contract," replied Barker, taking the money and -counting it carefully. When he had satisfied himself that the amount was -correct he thrust the roll of bills into his outside coat-pocket. - -"It is now fifteen minutes until eleven," said the Police Chief, -stepping up to Barker's chair, "and if you are ready we will go." - -"I am ready," said the man, getting up. - -The Police Chief took a pair of steel handcuffs from his pocket, locked -one part of them carefully on Barker's left wrist and fastened the other -to the right wrist of the sergeant. Then they went out of the house and -down the steps to the carriages. - -The Police Chief, Barker, and the sergeant climbed into the first -carriage, and Mr. Rockham and the other officer into the second. - -"Have your man drive to the Central Park entrance," said Barker to the -Chief. The officer called to the driver and the carriages rolled away. -At the west entrance to Central Park the men alighted. - -"Now, gentlemen," said Barker, "we must walk west to the second corner -and wait there until a cab passes from the east. The cab will be close -curtained and will be drawn by a sorrel cob. As it passes you will dart -out, seize the horse, and take possession of the cab. You will find the -child in the cab, but I must insist for my own welfare, that you make -every appearance of having me under arrest and in close custody." - -The five men turned down the street in the direction indicated. Mr. -Rockham and one of the officers in the front and the other two following -with Barker between them. For a time they walked along in silence. -Then the Police Chief took some cigars from his pocket, gave one to the -sergeant, and offering them to Barker said, "Will you smoke, sir?" - -"Not a cigar, I thank you," replied the man, "but if you will permit me -I will light my pipe." The two men stopped. Barker took a short pipe and -a pouch of tobacco from his pocket, filled the pipe and lighted it; as -he was about to return the pouch to his coat pocket, an old apple-woman, -hobbling past, caught the odor and stopped. - -"Fur de love of Hivin, Mister," she drawled, "give me a pipe uv yer -terbaccy?" Barker laughed, tossed her the pouch, and the three hurried -on. - -At the corner indicated the men stopped. The Police Chief examined the -handcuffs carefully to see that they were all right; then they drew back -in the shadow and waited for the cab. Eleven o'clock came and passed and -the cab did not appear. Mr. Rockham paced the sidewalk nervously and the -policemen gathered close around Barker. - -At half-past eleven o'clock Barker straightened up, shrugged his -shoulders, and turned to the Police Chief. "It is no use," he said, -"they are not here and they never will come now." - -"What!" cried the Police Chief savagely, "do you mean that we are -fooled?" - -"Yes," said Barker, "all of us. It is no use I tell you, the thing is -over." - -"It is not over with you, my man," growled the Chief. "Here, sergeant, -get Mr. Rockham his money and let us lock this fellow up." - -The sergeant turned and thrust his hand into Barker's outside -coat-pocket, then his chin dropped and he turned white. "It is gone!" he -muttered. - -"Gone!" shouted Rockham; "search the rascal!" - -The sergeant began to go carefully over the man. Suddenly he stopped. -"Chief," he muttered, "it was in that tobacco pouch." - -The Police Chief staggered back and spun round on his heel. "Angels of -Hell!" he gasped, "it was a cute trick, and it threw us all, every one -of us." - -Rockham bounded forward and brought his hand down heavily on Barker's -shoulder. "As for you, my fine fellow," he said, bitterly, "we have you -all right and we will land you in Sing Sing." - -Barker was silent. In the dark the men could not see that he was -smiling. - - - - -III. - -The court-room of Judge Walter P. Wright was filled with an interested -audience of the greater and unpunished criminals of New York. The -application of Barker for a _habeas corpus_, on the ground that he had -committed no crime, had attracted wide attention. It was known that the -facts were not disputed, and the proceeding was a matter of wonder. - -Some days before, the case had been submitted to the learned judge. The -attorneys for the People had not been anxious enough to be interested, -and looked upon the application as a farce. The young man who appeared -for Barker announced that he represented one Randolph Mason, a -counsellor, and was present only for the purpose of asking that Barker -be discharged, and for the further purpose of filing the brief of Mason -in support of the application. He made no argument whatever, and had -simply handed up the brief, which the attorneys for the People had not -thought it worth their while to examine. - -Barker sat in the dock, grim and confident. The attorneys for the -commonwealth were listless. The audience was silent and attentive. It -was a vital matter to them. If Barker had committed no crime, what a -rich, untramped field was open. The Judge laid his hand upon the books -piled up beside him and looked down at the bar. - -"This proceeding," he began, "is upon the application of one Lemuel -Barker for a writ of _habeas corpus_, asking that he be discharged from -custody, upon the ground that he has committed no crime punishable at -common law or under the statutes of New York. An agreed state of facts -has been submitted, upon which he stands charged by the commonwealth -with having obtained five thousand dollars from one Cornelius Rockham -by false pretences. The facts are, briefly, that on the 17th day of -December Barker called at the residence of Rockham and said that he -desired to make a proposition looking to the recovery of the lost child -of said Rockham, but he desired to make it in the presence of witnesses, -and would return at ten o'clock that night. Pursuant to his appointment, -Barker again presented himself at the residence of said Rockham, and, -in the presence of witnesses, declared, in substance, that at that time -(then ten o'clock) he knew nothing of the said child, could not produce -it, and could give no information in regard to it, but that at eleven -o'clock he would know where the child was and would produce it; and -that, if the said Rockham would then and there pay him five thousand -dollars, he would at eleven o'clock take them to the lost child. The -money was paid and the transaction completed. - -"At eleven o'clock, Barker took the men to a certain corner in the upper -part of this city, and it there developed that the entire matter was a -scheme on his part for the purpose of obtaining the said sum of money, -which he had in some manner disposed of; and that he in fact knew -nothing of the child and never intended to produce it. - -"The attorneys for the People considered it idle to discuss what -they believed to be such a plain case of obtaining money under false -pretences; and I confess that upon first hearing I was inclined to -believe the proceeding a useless imposition upon the judiciary. I have -had occasion to change my opinion." - -The attorneys present looked at each other with wonder and drew their -chairs closer to the table. The audience moved anxiously. - -"The prisoner," continued the Judge, "has filed in his behalf the -remarkable brief of one Randolph Mason, a counsellor. This I have -read, first, with curiosity, then interest, then wonder, and, finally, -conviction. In it the crime sought to be charged is traced from the -days of the West Saxon Wights up to the present, beginning with the most -ancient cases and ending with the later decisions of our own Court of -Appeals. I have gone over these cases with great care, and find that -the vital element of this crime is, and has ever been, the false and -fraudulent representation or statement as to an _existing_ or _past -fact_. Hence, no representation, however false, in regard to a _future_ -transaction can be a crime. Nor can a false statement, _promissory_ in -its nature, be the subject of a criminal charge. - -"To constitute this crime there must always be a false representation -or statement as to a _fact_, and that _fact_ must be a _past_ or an -_existing fact_. These are plain statements of ancient and well settled -law, and laid here in this brief, almost in the exact language of our -courts. - -"In this case the vital element of crime is wanting. The evidence fails -utterly to show false representation as to any _existing fact_. The -prisoner, Barker, at the time of the transaction, positively disclaimed -any knowledge of the child, or any ability to produce it. What he did -represent was that he would know, and that he would perform certain -things, in the future. The question of remoteness is irrelevant. It is -immaterial whether the future time be removed minutes or years. - -"The false representation complained of was wholly in regard to a future -transaction, and essentially promissory in its nature, and such a wrong -is not, and never has been, held to be the foundation of a criminal -charge." - -"But, if your Honor please," said the senior counsel for the People, -rising, "is it not clearly evident that the prisoner, Barker, began with -a design to defraud; that that design was present and obtained at the -time of this transaction; that a representation was made to Rockham -for the purpose of convincing him that there then existed a _bona -fide_ intention to produce his child; that money was obtained by false -statements in regard to this intention then existing, when in fact such -intention did not exist and never existed, and statements made to induce -Rockham to believe that it did exist were all utterly false, fraudulent, -and delusive? Surely this is a crime." - -The attorney sat down with the air of one who had propounded an -unanswerable proposition. The Judge adjusted his eyeglasses and began to -turn the pages of a report. "I read," he said, "from the syllabus of the -case of The People of New York vs. John H. Blanchard. 'An indictment -for false pretences may not be founded upon an assertion of an existing -intention, although it did not in fact exist. There must be a false -representation as to an existing fact.' - -"Your statement, sir, in regard to intention, in this case is true, but -it is no element of crime." - -"But, sir," interposed the counsel for the People, now fully awake to -the fact that Barker was slipping from his grasp, "I ask to hold this -man for conspiracy and as a violator of the Statute of Cheats." - -"Sir," said the Judge, with some show of impatience, "I call your -attention to Scott's case and the leading case of Ranney. In the -former, the learned Court announces that if the false and fraudulent -representations are not criminal there can be no conspiracy; and, in the -latter, the Court says plainly that false pretences in former statutes, -and gross fraud or cheat in the more recent acts, mean essentially the -same thing. - -"You must further well know that this man could not be indicted at -common law for cheat, because no false token was used, and because in -respect to the instrumentality by which it was accomplished it had no -special reference to the public interest. - -"This case is most remarkable in that it bears all the marks of a gross -and detestable fraud, and in morals is a vicious and grievous wrong, but -under our law it is no crime and the offender cannot be punished." - -"I understand your Honor to hold," said the baffled attorney, jumping to -his feet, "that this man is guilty of no crime; that the dastardly act -which he confesses to have done constitutes no crime, and that he is to -go out of this court-room freed from every description of liability or -responsibility to any criminal tribunal; that the law is so defective -and its arm so short that it cannot pluck forth the offender and punish -him when by every instinct of morality he is a criminal. If this be -true, what a limitless field is open to the knave, and what a snug -harbor for him is the great commonwealth of New York!" - -"I can pardon your abruptness," said the Judge, looking down upon the -angry and excited counsellor, "for the reason that your words are almost -exactly the lament of presiding Justice Mullin in the case of Scott. -But, sir, this is not a matter of sentiment; it is not a matter of -morality; it is not even a matter of right. It is purely and simply a -matter of law, and there is no law." - -The Judge unconsciously arose and stood upright beside the bench. The -audience of criminals bent forward in their seats. - -"I feel," he continued, "for the first time the utter inability of the -law to cope with the gigantic cunning of Evil. I appreciate the utter -villainy that pervaded this entire transaction. I am convinced that it -was planned with painstaking care by some master mind moved by Satanic -impulse. I now know that there is abroad in this city a malicious -intelligence of almost infinite genius, against which the machinery -of the law is inoperative. Against every sentiment of common right, of -common justice, I am compelled to decide that Lemuel Barker is guilty of -no crime and stands acquit." - -It was high noon. The audience of criminals passed out from the temple -of so-called Justice, and with them went Lemuel Barker, unwhipped and -brazen; now with ample means by which to wrest his fellows in villainy -from the righteous wrath of the commonwealth. They were all enemies of -this same commonwealth, bitter, never wearying enemies, and to-day they -had learned much. How short-armed the Law was! Wondrous marvel that they -had not known it sooner! To be sure they must plan so cunningly that -only the Judge should pass upon them. He was a mere legal machine. - -He was only the hand applying the rigid rule of the law. The danger was -with the jury; there lay the peril to be avoided. The jury! how they -hated it and feared it! and of right, for none knew better than they -that whenever, and where-ever, and however men stop to probe for it, -they always find, far down in the human heart, a great love of common -right and fair dealing that is as deep-seated and abiding as the very -springs of life. - - - - -VI--THE SHERIFF OF GULLMORE - - -_[The crime of embezzlement here dealt with is statutory. The venue of -this story could have been laid in many other States; the statutes are -similar to a degree. See the Code of West Virginia; also the late case -of The State vs. Bolin, 19 Southwestern Reporter, 650; also the long -list of ancient cases in Russell on Crimes, 2d volume.]_ - - - - -I. - -IT is hard luck, Colonel," said the broker, "but you are are not the -only one skinned in the deal; the best of them caught it to-day. By -Jupiter! the pit was like Dante's Inferno!" - -"Yes, it's gone, I reckon," muttered the Colonel, shutting his teeth -down tight on his cigar; "I guess the devil wins every two out of -three." - -"Well," said the broker, turning to his desk, "it is the fortune of -war." - -"No, young man," growled the Colonel, "it is the blasted misfortune of -peace. I have never had any trouble with the fortune of war. I could -stand on an ace high and win with war. It is peace that queers me. -Here in the fag-end of the nineteenth century, I, Colonel Moseby Allen, -sheriff of Gull-more County, West Virginia, go up against another man's -game,--yes, and go up in the daytime. Say, young man, it feels queer at -the mellow age of forty-nine, after you have been in the legislature of -a great commonwealth, and at the very expiration of your term as sheriff -of the whitest and the freest county in West Virginia,--I say it feels -queer, after all those high honors, to be suddenly reminded that you -need to be accompanied by a business chaperon." - -The Colonel stood perfectly erect and delivered his oration with the -fluency and the abandon of a southern orator. When he had finished, he -bowed low to the broker, pulled his big slouch hat down on his forehead, -and stalked out of the office and down the steps to the street. - -Colonel Moseby Allen was built on the decided lines of a southern -mountaineer. He was big and broad-shouldered, but he was not well -proportioned. His body was short and heavy, while his legs were long. -His eyes were deep-set and shone like little brown beads. On the whole, -his face indicated cunning, bluster, and rashness. The ward politician -would have recognized him among a thousand as a kindred spirit, and the -professional gambler would not have felt so sure of himself with such a -face across the table from him. - -When the Colonel stepped out on the pavement, he stopped, thrust his -hands into his pockets, and looked up and down Wall Street; then he -jerked the cigar out of his mouth, threw it into the gutter, and began -to deliver himself of a philippic upon the negative merits of brokers -in general, and his broker in particular. The Virginian possessed -a vocabulary of smooth billingsgate that in vividness and diversity -approached the sublime. When he had consigned some seven generations -of his broker's ancestry to divers minutely described localities in -perdition, he began to warm to his work, and his artistic profanity -rolled forth in startling periods. - -The passers-by stopped and looked on in surprise and wonder. For a -moment they were half convinced that the man was a religious fanatic, -his eloquent, almost poetic, tirade was so thoroughly filled with holy -names. The effect of the growing audience inspired the speaker. He -raised his voice and began to emphasize with sweeping gestures. He had -now finished with the broker's ancestry and was plunging with a rush -of gorgeous pyrotechnics into the certain future of the broker himself, -when a police officer pushed through the crowd and caught the irate -Virginian by the shoulder. - -Colonel Allen paused and looked down at the officer. - -"You," he said, calmly, "I opine are a minion of the law; a hireling of -the municipal authorities." - -"See here," said the officer, "you are not allowed to preach on the -street. You will have to come with me to the station-house." - -The Colonel bowed suavely. "Sir," he said, "I, Colonel Moseby Allen, -sheriff of Gullmore County in the Mountain State of West Virginia, am a -respecter of the law, even in the body of its petty henchmen, and if -the ordinances of this Godforsaken Gomorrah are such that a free-born -American citizen, twenty-one years old and white, is not permitted -the inalienable privilege of expressing his opinion without let or -hindrance, then I am quite content to accompany you to the confines of -your accursed jail-house." - -Allen turned round and started down the street with the officer. He -walked a little in advance, and continued to curse glibly in a low -monotone. When they were half way to the corner below, a little man -slipped out of the crowd and hurried up to the policeman. "Mike," he -whispered, putting his hand under the officer's, "here is five for you. -Turn him over to me." - -The officer closed his hand like a trap, stepped quickly forward, and -touched his prisoner on the shoulder. - -As the Virginian turned, the officer said in a loud voice: "Mr. Parks, -here, says that he knows you, and that you are all right, so I 'll let -you go this time." Then, before any reply could be made, he vanished -around the corner. - -Colonel Allen regarded his deliverer with the air of a world-worn cynic. -"Well," he said, "one is rarely delivered from the spoiler by the hand -of his friend, and I cannot now recall ever having had you for an enemy. -May I inquire what motive prompts this gracious courtesy?" - -"Don't speak so loud," said Parks, stepping up close to the man. "I -happen to know something about your loss, Colonel Allen, and perhaps -also a way to regain it. Will you come with me?" - -The Virginian whistled softly. "Yes," he said. - - - - -II. - -This is a fine hotel," observed Colonel Allen, beginning to mellow -under the mystic spell of a five-course dinner and a quart of Cliquot. -"Devilish fine hotel, Mr. Parks. All the divers moneys which I in my -official capacity have collected in taxes from the fertile county of -Gullmore, would scarcely pay for the rich embellishment of the barber -shop of this magnificent edifice." - -"Well, Colonel," said the bald Parks, with a sad smile, "that would -depend upon the amount of the revenues of your county. I presume that -they are large, and consequently the office of sheriff a good one." - -"Yes, sir," answered the Virginian, "it is generally considered -desirable from the standpoint of prominence. The climate of Gullmore is -salubrious. Its pasture lands are fertile, and its citizens cultured -and refined to a degree unusual even in the ancient and aristocratic -counties of the Old Dominion. And, sir,"--here the Colonel drew himself -up proudly, and thrust his hand into the breast of his coat,--"I am -proud, sir,--proud to declare that from time to time the good citizens -of Gullmore, by means of their suffrage, and with large and comfortable -majorities, have proclaimed me their favorite son and competent -official. Six years ago I was in the legislature at Charleston as the -trusted representative of this grand old county of Gullmore; and four -years ago, after the fiercest and most bitterly contested political -conflict of all the history of the South, I was elected to that most -important and honorable office of sheriff,--to the lasting glory of my -public fame, and the great gratification of the commonwealth." - -"That gratification is now four years old?" mused Parks. - -Colonel Moseby Allen darted a swift, suspicious glance at his -companion, but in a moment it was gone, and he had dropped back into his -grandiloquent discourse. "Yes, sir, the banner county of West Virginia, -deserting her ancient and sacred traditions, and forgetting for the time -the imperishable precepts of her patriotic fathers, has gone over to -affiliate with the ungodly. We were beaten, sir,--beaten in this -last engagement,--horse, foot, and dragoons,--beaten by a set of -carpet-baggers,--a set of unregenerate political tricksters of such -diabolical cunning that nothing but the gates of hell could have -prevailed against them. Now, sir, now,--and I say it mournfully, there -is nothing left to us in the county of Gullmore, save only honor." - -"Honor," sneered Parks, "an imaginary rope to hold fools with! It wont -fill a hungry stomach, or satisfy a delinquent account." The little -clerk spoke the latter part of his sentence slowly and deliberately. - -Again the suspicious expression passed over the face of Colonel Allen, -leaving traces of fear and anxiety in its wake. His eyes, naturally -a little crossed, drew in toward his nose, and the muscles around his -mouth grew hard. For a moment he was silent, looking down into his -glass; then, with an effort, he went on: "Yes, the whole shooting-match -is in the hands of the Philistines. From the members of the County Court -up to the important and responsible position which I have filled for the -last four years, and when my accounts are finally wound up, I----" - -"Your accounts," murmured Parks, "when they are finally wound up, what -then?" - -Every trace of color vanished from the Virginian's face, his heavy jaws -trembled, and he caught hold of the arms of the chair to steady himself. - -Parks did not look up. He seemed deeply absorbed in studying the bottom -of his glass. For a moment Colonel Moseby Allen had been caught off his -guard, but it was only for a moment. He straightened up and underwent -a complete transformation. Then, bending forward, he said, speaking low -and distinctly: "Look here, my friend, you are the best guesser this -side of hell. Now, if you can pick a winning horse we will divide the -pool." - -The two men were at a table in a corner of the Hoffman café, and, as it -chanced, alone in the room. Parks glanced around quickly, then he leaned -over and said: "That depends on just one thing, Colonel." - -"Turn up the cards," growled the Virginian, shutting his teeth down -tight on his lip. - -"Well," said Parks, "you must promise to stick to your rôle to the end, -if you commence with the play." - -The southerner leaned back in his chair and stroked his chin -thoughtfully. Finally he dropped his hand and looked up. "All right," he -muttered; "I'll stand by the deal; throw out the cards." - -Parks moved his chair nearer to the table and leaned over on his elbow. -"Colonel," he said, "there is only one living man who can set up a -successful counter-plot against fate, that is dead certain to win, and -that man is here in New York to-day. He is a great lawyer, and besides -being that, he is the greatest plotter since the days of Napoleon. Not -one of his clients ever saw the inside of a prison. He can show men how -to commit crimes in such a way that the law cannot touch them. No matter -how desperate the position may be, he can always show the man who is in -it a way by which he can get out. There is no case so hopeless that he -cannot manage it. If money is needed, he can show you how to get it--a -plain, practical way, by which you can get what you need and as much as -you need. He has a great mind, but he is strangely queer and erratic, -and must be approached with extreme care, and only in a certain way. -This man," continued the little clerk, lowering his voice, "is named -Randolph Mason. You must go to him and explain the whole matter, and you -must do it just in the way I tell you." - -Again the Virginian whistled softly. "My friend," he said, "there is -a little too much mystery about this matter. I am not afraid of you, -because you are a rascal; no one ever had a face like you that was not -a rascal. You will stick to me because you are out for the stuff, and -there is no possible way to make a dollar by throwing the game. I am -not afraid of any living man, if I have an opportunity to see his face -before the bluff is made. You are all right; your game is to use me in -making some haul that is a little too high for yourself. That is what -you have been working up to, and you are a smooth operator, my friend. A -greenhorn would have concluded long ago that you were a detective, but -I knew a blamed sight better than that the moment you made your first -lead. In the first place, you are too sharp to waste your time with any -such bosh, and in the second place, it takes cash to buy detectives, -and there is nobody following me with cash. Gullmore county has no kick -coming to it until my final settlements are made, and there is no man -treading shoe leather that knows anything about the condition of my -official business except myself, and perhaps also that shrewd and -mysterious guesser--yourself. So, you see, I am not standing on -ceremonies with you. But here, young man, comes in a dark horse, and you -want me to bet on him blindfolded. Those are not the methods of Moseby -Allen. I must be let in a little deeper on this thing." - -"All I want you to do," said Parks, putting his hand confidentially -on the Virginian's arm, "is simply to go and see Randolph Mason, and -ap-proach him in the way I tell you, and when you have done that, I will -wager that you stay and explain everything to him." - -Colonel Allen leaned back in his chair and thrust his hands into his -pockets. "Why should I do that?" he said curtly. - -"Well," murmured the little man mournfully, "one's bondsmen are entitled -to some consideration; and then, there is the penitentiary. Courts have -a way of sending men there for embezzlement." - -"You are correct," said Allen, quietly, "and I have not time to go." - -"At any rate," continued Parks, "there can be no possible danger to you. -You are taking no chances. Mr. Mason is a member of the New York bar, -and anything you may tell him he dare not reveal. The law would not -permit him to do so if he desired. The whole matter would be kept as -thoroughly inviolate as though it were made in the confessional. Your -objections are all idle. You are a man in a desperate position. You are -up to your waist in the quicksand, now, and, at the end of the year, it -is bound to close over your head. It is folly to look up at the sky and -attempt to ignore this fact. I offer to help you--not from any goodness -of heart, understand, but because we can both make a stake in this -thing. I need money, and you must have money,--that is the whole thing -in a nutshell. Now," said Parks, rising from his chair, "what are you -going to do?" - -"Well," said the Virginian, drawing up his long legs and spreading out -his fat hands on the table, "_Colonel Moseby Allen, of the county of -Gullmore, will take five cards, if you please_." - - - - -III. - -This must be the place," muttered the Virginian, stopping under the -electric light and looking up at the big house on the avenue. "That -fellow said I would know the place by the copper-studded door, and -there it is, as certain as there are back taxes in Gullmore." With that, -Colonel Moseby Allen walked up the granite steps and began to grope -about in the dark door-way for the electric bell. He could find no trace -of this indispensable convenience, and was beginning to lapse into a -flow of half-suppressed curses, when he noticed for the first time an -ancient silver knocker fastened to the middle of the door. He seized it -and banged it vigorously. - -The Virginian stood in the dark and waited. Finally he concluded that -the noise had not been heard, and was about to repeat the signal when -the door was flung suddenly open, and a tall man holding a candle in his -hand loomed up in the door-way. - -"I am looking," stammered the southerner, "for one Randolph Mason, an -attorney-at-law." - -"I am Randolph Mason," said the man, thrusting the silver candlestick -out before him. "Who are you, sir?" - -"My name is Allen," answered the southerner, "Moseby Allen, of Gullmore -county, West Virginia." - -"A Virginian," said Mason, "what evil circumstance brings you here?" - -Then Allen remembered the instructions which Parks had given him so -minutely. He took off his hat and passed his hand across his forehead. -"Well," he said, "I suppose the same thing that brings the others. We -get in and plunge along just as far as we can. Then Fate shuts down -the lid of her trap, and we have either to drop off the bridge or come -here." - -"Come in," said Mason. Then he turned abruptly and walked down -the hall-way. The southerner followed, impressed by this man's -individuality. Allen had pushed his way through life with bluff and -bluster, and like that one in the scriptural writings, "neither feared -God nor regarded man." His unlimited assurance had never failed him -before any of high or low degree, and to be impressed with the power of -any man was to him strange and uncomfortable. - -Mason turned into his library and placed the candlestick on a table in -the centre of the floor. Then he drew up two chairs and sat down in one -of them motioning Allen to the other on the opposite side of the table. -The room was long and empty, except for the rows of heavy book-cases -standing back in the darkness. The floor was bare, and there was no -furniture of any kind whatever, except the great table and the ancient -high-back chairs. There was no light but the candle standing high in its -silver candlestick. - -"Sir," said Mason, when the Virginian had seated himself, "which do you -seek to evade, punishment or dishonor?" - -The Virginian turned round, put his elbows on the table, and looked -squarely across at his questioner. "I am not fool enough to care for the -bark," he answered, "provided the dog's teeth are muzzled." - -"It is well," said Mason, slowly, "there is often difficulty in dealing -with double problems, where both disgrace and punishment are sought to -be evaded. Where there is but one difficulty to face, it can usually be -handled with ease. What others are involved in your matter?" - -"No others," answered the Virginian; "I am seeking only to save myself." - -"From the law only," continued Mason, "or does private vengeance join -with it?" - -"From the law only," answered Allen. - -"Let me hear it all," said Mason. - -"Well," said the Virginian, shifting uneasily in his chair, "my affairs -are in a very bad way, and every attempt that I have made to remedy -them has resulted only in disaster. I am walking, with my hands tied, -straight into the penitentiary, unless some miracle can be performed in -my favor. Everything has gone dead against me from my first fool move. -Four years ago I was elected sheriff of Gullmore county in the State -of West Virginia. I was of course required by law to give a large bond. -This I had much difficulty in doing, for the reason that I have no -estate whatever. Finally I induced my brother and my father, who is -a very old man, to mortgage their property and thereby secured the -requisite bond. I entered upon the duties of my office, and assumed -entire control of the revenues of the county. For a time I managed them -carefully and kept my private business apart from that of the county. -But I had never been accustomed to strict business methods, and I soon -found it most difficult to confine myself to them. Little by little I -began to lapse into my old habit of carelessness. I neglected to keep -up the settlements, and permitted the official business to become -intermixed with my private accounts. The result was that I awoke one -morning to find that I owed the county of Gullmore ten thousand dollars. -I began at once to calculate the possibility of my being able to meet -this deficit before the expiration of my term of office, and soon found -that by no possible means would I be able to raise this amount out of -the remaining fees. My gambling instincts at once asserted themselves. -I took five thousand dollars, went to Lexington, and began to play the -races in a vain, reckless hope that I might win enough to square my -accounts. I lost from the very start. I came back to my county and went -on as before, hoping against hope that something would turn up and -let me out. Of course this was the dream of an idiot, and when the -opposition won at the last election, and a new sheriff was installed, -and I was left but a few months within which to close up my accounts, -the end which I had refused to think of arose and stared me in the face. -I was now at the end of my tether, and there was nothing there but -a tomb. And even that way was not open. If I should escape the -penitentiary by flight or by suicide, I would still leave my brother and -my aged father to bear the entire burden of my defalcations; and when -they, as my bondsmen, had paid the sum to the county, they would all be -paupers." - -The man paused and mopped the perspiration from his face. He was now -terribly in earnest, and seemed to be realizing the gravity and the -hopelessness of his crime. All his bluster and grandiloquent airs had -vanished. - -"Reckless and unscrupulous as I am," he went on, "I cannot bear to -think of my brother's family beggars because of my wrong, or my father -in his extreme old age turned out from under his own roof and driven -into the poor-house, and yet it must come as certainly as the sun will -rise tomorrow." - -The man's voice trembled now, and the flabby muscles of his face -quivered. - -"In despair, I gathered up all the funds of the county remaining in my -hands and hurried to this city. Here I went to the most reliable broker -I could find and through him plunged into speculation. But all the -devils in hell seemed to be fighting for my ruin. I was caught in that -dread and unexpected crash of yesterday and lost everything. Strange -to say, when I realized that my ruin was now complete, I felt a kind of -exhilaration,--such, I presume, as is said to come to men when they are -about to be executed. Standing in the very gaping jaws of ruin, I -have to-day been facetious, even merry. Now, in the full glare of this -horrible matter, I scarcely remember what I have been doing, or how I -came to be here, except that this morning in Wall Street I heard some -one speak of your ability, and I hunted up your address and came without -any well defined plan, and, if you will pardon me, I will add that it -was also without any hope." - -The man stopped and seemed to settle back in his chair in a great heap. - -Randolph Mason arose and stood looking down at the Virginian. - -"Sir," said Mason, "none are ever utterly lost but the weak. Answer my -question." - -The Virginian pulled himself together and looked up. - -"Is there any large fund," continued Mason, "in the hands of the -officers of your county?" - -"My successor," said Allen, "has just collected the amount of a levy -ordered by the county court for the purpose of paying the remainder due -on the court-house. He now has that fund in his hands." - -"When was the building erected?" said Mason. - -"It was built during the last year of my term of office, and paid for in -part out of levies ordered while I was active sheriff. When my successor -came in there still remained due the contractors on the work some thirty -thousand dollars. A levy was ordered by the court shortly before my term -expired, but the collection of this levy fell to the coming officer, so -this money is not in my hands, although all the business up to this time -has been managed by me, and the other payments on the building made -from time to time out of moneys in my hands, and I have been the chief -manager of the entire work and know more about it than any one else. The -new sheriff came into my office a few days ago to inquire how he was to -dispose of this money." - -Mason sat down abruptly. "Sir," he said almost bitterly, "there is not -enough difficulty in your matter to bother the cheapest intriguer in -Kings county. I had hoped that yours was a problem of some gravity." - -"I see," said the Virginian, sarcastically, "I am to rob the sheriff of -this money in such a manner that it won't be known who received it, and -square my accounts. That would be very easy indeed. I would have only to -kill three men and break a bank. Yes, that would be very easy. You might -as well tell me to have blue eyes." - -"Sir," said Randolph Mason, slowly, "you are the worst prophet unhung." - -"Well," continued the man, "there can be no other way, If it were turned -over to me in my official capacity what good would it do? My bondsmen -would be responsible for it. I would then have it to account for, and -what difference, in God's name, can it make whether I am sent to the -penitentiary for stealing money which I have already used, or for -stealing this money? It all belongs to the county. It is two times six -one way, and six times two the other way." - -"Sir," said Mason, "I retract my former statement in regard to your -strong point. Let me insist that you devote your time to prophecy. Your -reasoning is atrocious." - -"I am wasting my time here," muttered the Virginian, "there is no way -out of it." - -Randolph Mason turned upon the man. "Are you afraid of courts?" he -growled. - -"No," said the southerner, "I am afraid of nothing but the -penitentiary." - -"Then," said Mason, leaning over on the table, "listen to me, and you -will never see the shadow of it." - - - - -IV. - -I suppose you are right about that," said Jacob Wade, the newly elected -sheriff of Gullmore county, as he and Colonel Moseby Allen sat in the -office of that shrewd and courteous official. "I suppose it makes -no difference which one of us takes this money and pays the -contractors,--we are both under good bonds, you know." - -"Certainly, Wade, certainly," put in the Colonel, "your bond is as good -as they can be made in Gullmore county, and I mean no disrespect to the -Omnipotent Ruler of the Universe when I assert that the whole kingdom -of heaven could not give a better bond than I have. You are right, Wade; -you are always right; you are away ahead of the ringleaders of your -party. I don't mind if I do say so. Of course, I am on the other side, -but it was miraculous, I tell you, the way you swung your forces into -line in the last election. By all the limping gods of the calendar, we -could not touch you!" Colonel Moseby Allen leaned over and patted his -companion on the shoulder. "You are a sly dog, Wade," he continued. "If -it had not been for you we would have beaten the bluebells of Scotland -out of the soft-headed farmers who were trying to run your party. I told -the boys you would pull the whole ticket over with you, but they did -n't believe me. Next time they will have more regard for the opinion of -Moseby Allen of Gull-more." The Colonel burst out into a great roar of -laughter, and brought his fat hand down heavily on his knee. - -Jacob Wade, the new sheriff, was a cadaverous-looking countryman, with a -face that indicated honesty and egotism. He had come up from a farm, and -had but little knowledge of business methods in general, and no idea of -how the duties of his office should be properly performed. He puffed -up visibly under the bald flattery of Allen, and took it all in like a -sponge. - -"Well," said Wade, "I suppose the boys did sort of expect me to help -them over, and I guess I did. I have been getting ready to run for -a long time, and I aint been doing no fool things. When the Farmers -Alliance people was organizing, I just stayed close home and sawed wood, -and when the county was all stirred up about that there dog tax, I kept -my mouth shut, and never said nothing." - -"That 's what you did, Wade," continued the Colonel, rubbing his hands; -"you are too smooth to get yourself mixed up with a lot of new-fangled -notions that would brand you all over the whole county as a crank. What -a man wants in order to run for the office of sheriff is a reputation -for being a square, solid, substantial business man, and that is what -you had, Wade, and besides that you were a smooth, shrewd, far-sighted, -machine politician." - -Jacob Wade flushed and grew pompous under this eloquent recital of his -alleged virtues. Allen was handling his man with skill. He was a natural -judge of men, and possessed in no little degree the rare ability of -knowing how to approach the individual in order to gain his confidence -and goodwill. - -"No," he went on, "I am not partisan enough to prevent me from -appreciating a good clearheaded politician, no matter what his party -affiliations may be. I am as firm and true to my principles as any of -those high up in the affairs of state. I have been honored by my party -time and again in the history of this commonwealth, and have -defended and supported her policies on the stump, and in the halls of -legislation, and I know a smooth man when I see him, and I honor him, -and stick to him out of pure love for his intelligence and genius." - -The Colonel arose. He now felt that his man was in the proper humor to -give ready assent to the proposition which he had made, and he turned -back to it with careless indifference. - -"Now, Jacob," he said lowering his voice, "this is not all talk. You are -a new officer, and I am an old one. I am familiar with all the routine -business of the sheriffalty, and I am ready and willing and anxious to -give all the information that can be of any benefit to you, and to do -any and everything in my power to make your term of office as pleasant -and profitable as it can be made. I am wholly and utterly at your -service, and want you to feel that you are more than welcome to command -me in any manner you see fit. By the way, here is this matter that we -were just discussing. I am perfectly familiar with all that business. -I looked after the building for the county, collected all the previous -levies, and know all about the contracts with the builders--just what -is due each one and just how the settlements are to be made,--and I am -willing to take charge of this fund and settle the thing up. I suppose -legally it is my duty to attend to this work, as it is in the nature of -unfinished business of my term, but I could have shifted the whole -thing over on you and gotten out of the trouble of making the final -settlements with the contractors. The levy was ordered during my term, -but has been collected by you, and on that ground I could have washed my -hands of the troublesome matter if I had been disposed to be ugly. But -I am not that kind of a man, Wade; I am willing to shoulder my lawful -duties, and wind this thing up and leave your office clear and free from -any old matters." - -Jacob Wade, sheriff of Gullmore county, was now thoroughly convinced -of two things. First, that he himself was a shrewd politician, with -an intellect of almost colossal proportions, and second, that Colonel -Moseby Allen was a great and good man, who was offering to do him a -service out of sheer kindness of heart. - -He arose and seized Allen's hand. "I am obliged to you, Colonel, greatly -obliged to you," he said; "I don't know much about these matters yet, -and it will save me a deal of trouble if you will allow me to turn -this thing over to you, and let you settle it up. I reckon from the -standpoint of law it is a part of your old business as sheriff." - -"Yes," answered Allen, smiling broadly, "I reckon it is, and I reckon I -ought n't to shirk it." - -"All right," said Wade, turning to leave the office, "I 'll just hand -the whole thing over to you in the morning." Then he went out. - -The ex-sheriff closed the door, sat down in his chair, and put his feet -on the table. "Well, Moseby, my boy," he said, "that was dead easy. The -Honorable Jacob Wade is certainly the most irresponsible idiot west of -the Alleghany mountains. He ought to have a committee,--yes, he ought to -have two committees, one to run him, and one to run his business." Then -he rubbed his hands gleefully. "It is working like a greased clock," he -chuckled, "and by the grace of God and the Continental Congress, when -this funeral procession does finally start, it wont be Colonel Moseby -Allen of the county of Gullmore who will occupy the hearse." - - - - -V. - -The inhabitants of the city could never imagine the vast interest -aroused in the county of Gullmore by the trial of Colonel Moseby Allen -for embezzlement. In all their quiet lives the good citizens had not -been treated to such a sweeping tidal wave of excitement. The annual -visits of the "greatest show on earth" were scarcely able to fan the -interests of the countrymen into such a flame. The news of Allen's -arrest had spread through the country like wildfire. Men had talked -of nothing else from the moment this startling information had come to -their ears. The crowds on Saturday afternoons at the country store had -constituted themselves courts of first and last resort, and had passed -on the matter of the ex-sheriff's guilt at great length and with -great show of learning. The village blacksmith had delivered ponderous -opinions while he shod the traveller's horse; and the ubiquitous justice -of the peace had demonstrated time and again with huge solemnity that -Moseby Allen was a great criminal, and by no possible means could be -saved from conviction. It was the general belief that the ex-sheriff -would not stand trial; that he would by some means escape from the jail -where he was confined. So firm-rooted had this conviction become that -the great crowd gathered in the little county seat on the day fixed -for the trial were considerably astonished when they saw the ex-sheriff -sitting in the dock. In the evening after the first day of the trial, -in which certain wholly unexpected things had come to pass, the crowd -gathered on the porch of the country hotel were fairly revelling in the -huge sensation. - -Duncan Hatfield, a long ungainly mountaineer, wearing a red -hunting-shirt and a pair of blue jeans trousers, was evidently the -Sir-Oracle of the occasion. - -"I tell you, boys," he was saying, "old Moseby aint got no more show -than a calliker apron in a brush fire. Why he jest laid down and give -up; jest naturally lopped his ears and give up like a whipped dog." - -"Yes," put in an old farmer who was standing a little back in the crowd, -"I reckon nobody calkerlated on jest sich a fizzle." - -"When he come into court this mornin'," continued the Oracle, "with that -there young lawyer man Edwards, I poked Lum Bozier in the side, and told -him to keep his eye skinned, and he would see the fur fly, because I -knowed that Sam Lynch, the prosecutin' attorney, allowed to go fer old -Moseby, and Sam is a fire-eater, so he is, and he aint afraid of nuthin -that walks on legs. But, Jerusalem! it war the tamest show that ever -come to this yer town. Edwards jest sot down and lopped over like a -weed, and Sam he begun, and he showed up how old Moseby had planned this -here thing, and how he had lied to Jake Wade all the way through, and -jest how he got that there money, and what an everlasting old rascal -he was, and there sot Edwards, and he never asked no questions, and he -never paid no attention to nuthin." - -"Did n't the lawyer feller do nuthin at all, Dunk?" enquired one of -the audience, who had evidently suffered the great misfortune of being -absent from the trial. - -"No," answered the Oracle, with a bovine sneer, "he never did nothin -till late this evenin. Then he untangled his legs and got up and said -somethin to the jedge about havin to let old Moseby Allen go, cause what -he had done was n't no crime. - -"Then you ought to a heard Sam. He jest naturally took the roof off; -he sailed into old Moseby. He called him nine different kinds of -horse-thieves, and when he got through, I could see old Ampe Props -noddin his head back thar in the jury-box, and then I knowed that it -were all up with Colonel Moseby Allen, cause that jury will go the way -old Ampe goes, jest like a pack of sheep." - -"I reckon Moseby's lawyer were skeered out," suggested Pooley Hornick, -the blacksmith. - -"I reckon he war," continued the Oracle, "cause when Sam sot down, he -got up, and he said to the jedge that he didn't want to do no argufying, -but he had a little paper that would show why the jedge would have to -let old Moseby go free, and then he asked Sam if he wanted to see it, -and Sam he said no, he cared nuthin for his little paper. Then the -feller went over and give the little paper to the jedge, and the jedge -he took it and he said he would decide in the mornin'." - -"You don't reckon," said the farmer, "that the jedge will give the old -colonel any show, do you?" - -"Billdad Solsberry," said the Oracle, with a grave judicial air, as -though to settle the matter beyond question, "you are a plumb fool. If -the angel Gabriel war to drop down into Gullmore county, he could n't -keep old Moseby Allen from goin' to the penitentiary." - -Thus the good citizens sat in judgment, and foretold the doom of their -fellow. - - - - -VI. - -On Monday night, the eleventh day of May, in the thirty-third year of -the State of West Virginia, the judge of the criminal court of Gullmore -county, and the judge of the circuit court of Gullmore county were to -meet together for the purpose of deciding two matters,--one relating to -the trial of Moseby Allen, the retiring sheriff, for embezzling funds -of the county, amounting to thirty thousand dollars, and the other, an -action pending in the circuit court, wherein the State of West Virginia, -at the relation of Jacob Wade, was seeking to recover this sum from the -bondsmen of Allen. In neither of the two cases was there any serious -doubt as to the facts. It seemed that it was customary for the retiring -sheriff to retain an office in the court building after the installation -of his successor, and continue to attend to the unfinished business of -the county until all his settlements had been made, and until all the -matters relating to his term of office had been finally wound up and -administered. - -In accordance with this custom, Moseby Allen, after the expiration of -his term, had continued in his office in a quasi-official capacity, in -order to collect back taxes and settle up all matters carried over from -his regular term. - -It appeared that during Allen's term of office the county had built a -court-house, and had ordered certain levies for the purpose of raising -the necessary funds. The first of the levies had been collected by -Allen, and paid over by him to the contractors, as directed by the -county court. The remaining levies had not been collected during his -term, but had been collected by the new sheriff immediately after his -installation. This money, amounting to some thirty thousand dollars, -had been turned over to Allen upon his claim that it grew out of the -unfinished affairs of his term, and that, therefore, he was entitled to -its custody. He had said to the new sheriff that the levy upon which it -had been raised was ordered during his term, and the work for which it -was to be paid all performed, and the bonds of the county issued, while -he was active sheriff, and that he believed it was a part of the matters -which were involved in his final settlements. Jacob Wade, then sheriff, -believing that Allen was in fact the proper person to rightly administer -this fund, and knowing that his bond to the county was good and would -cover all his official affairs, had turned the entire fund over to him, -and paid no further attention to the matter. - -It appeared that, at the end of the year, Moseby Allen had made all of -his proper and legitimate settlements fully and satisfactorily, and -had accounted to the proper authorities for every dollar that had -been collected by him during his term of office, but had refused and -neglected to account for the money which he had received from Wade. When -approached upon the subject, he had said plainly that he had used this -money in unfortunate speculations and could not return it. The man had -made no effort to check the storm of indignation that burst upon him; -he firmly refused to discuss the matter, or to give any information in -regard to it. When arrested, he had expressed no surprise, and had gone -to the jail with the officer. At the trial, his attorney had simply -waited until the evidence had been introduced, and had then arisen and -moved the court to direct a verdict of not guilty, on the ground that -Allen, upon the facts shown, had committed no crime punishable under the -statutes of West Virginia. - -The court had been strongly disposed to overrule this motion without -stopping to consider it, but the attorney had insisted that a memorandum -which he handed up would sustain his position, and that without mature -consideration the judge ought not to force him into the superior -court, whereupon his Honor, Ephraim Haines, had taken the matter under -advisement until morning. - -In the circuit court the question had been raised that Allen's bond -covered only those matters which arose by virtue of his office, and that -this fund was not properly included. Whereupon the careful judge of that -court had adjourned to consider. - -It was almost nine o'clock when the Honorable Ephraim Haines walked into -the library to consult with his colleague of the civil court. He -found that methodical jurist seated before a pile of reports, with his -spectacles far out on the end of his nose,--an indication, as the said -Haines well knew, that the said jurist had arrived at a decision, and -was now carefully turning it over in his mind in order to be certain -that it was in spirit and truth the very law of the land. - -"Well, Judge," said Haines, "have you flipped the penny on it, and if -so, who wins?" - -The man addressed looked up from his book and removed his spectacles. He -was an angular man, with a grave analytical face. - -"It is not a question of who wins, Haines," he answered; "it is a -question of law. I was fairly satisfied when the objection was first -made, but I wanted to be certain before I rendered my decision. I have -gone over the authorities, and there is no question about the matter. -The bondsmen of Allen are not liable in this action." - -"They are not!" said Haines, dropping his long body down into a chair. -"It is public money, and the object of the bond is certainly to cover -any defalcations." - -"This bond," continued the circuit judge, "provides for the faithful -discharge, according to law, of the duties of the office of sheriff -during his continuance in said office. Moseby Allen ceased to be sheriff -of this county the day his successor was installed, and on that day this -bond ceased to cover his acts. This money was handed over by the lawful -sheriff to a man who was not then an officer of this county. Moseby -Allen had no legal right to the custody of this money. His duties as -sheriff had ceased, his official acts had all determined, and there was -no possible way whereby he could then perform an official act that would -render his bondsmen liable. The action pending must be dismissed. The -present sheriff, Wade, is the one responsible to the county for this -money. His only recourse is an action of debt, or assumpsit, against -Allen individually, and as Allen is notoriously insolvent, Wade and his -bondsmen will have to make up this deficit." - -"Well," said Haines, "that is hard luck." - -"No," answered the judge, "it is not luck at all, it is law. Wade -permitted himself to be the dupe of a shrewd knave, and he must bear the -consequences." - -"You can depend upon it," said the Honorable Ephraim Haines, criminal -judge by a political error, "that old Allen won't get off so easy with -me. The jury will convict him, and I will land him for the full term." - -"I was under the impression," said the circuit judge, gravely, "that a -motion had been made in your court to direct an acquittal on the ground -that no crime had been committed." - -"It was," said Haines, "but of course it was made as a matter of form, -and there is nothing in it." - -"Have you considered it?" - -"What is the use? It is a fool motion." - -"Well," continued the judge, "this matter comes up from your court -to mine on appeal, and you should be correct in your ruling. What -authorities were cited?" - -"Here is the memorandum," said the criminal judge, "you can run down the -cases if you want to, but I know it is no use. The money belonged to the -county and old Allen embezzled it,--that is admitted." - -To this the circuit judge did not reply. He took the memorandum which -Randolph Mason had prepared for Allen, and which the local attorney -had submitted, and turned to the cases of reports behind him. He was a -hard-working, conscientious man, and not least among his vexatious cares -were the reckless decisions of the Honorable Ephraim Haines. - -The learned judge of the criminal court put his feet on the table and -began to whistle. When at length wearied of this intellectual diversion, -he concentrated all the energy of his mammoth faculties on the highly -cultured pastime of sharpening his penknife on the back of the Code. - -At length the judge of the circuit court came back to the table, sat -down, and adjusted his spectacles. "Haines," he said slowly, "you will -have to sustain that motion." - -"What!" cried the Honorable Ephraim, bringing the legs of his chair down -on the floor with a bang. - -"That motion," continued the judge, "must be sustained. Moseby Allen has -committed no crime under the statutes of West Virginia." - -"Committed no crime!" almost shouted the criminal jurist, doubling his -long legs up under his chair, "why, old Allen admits that he got this -money and spent it. He says that he converted it to his own use; that it -was not his money; that it belonged to the county. The evidence of the -State shows that he cunningly induced Wade to turn this money over to -him, saying that his bond was good, and that he was entitled to the -custody of the fund. The old rascal secured the possession of this money -by trickery, and kept it, and now you say he has committed no crime. How -in Satan's name do you figure it out?" - -"Haines," said the judge, gravely, "I don't figure it out. The law -cannot be figured out. It is certain and exact. It describes perfectly -what wrongs are punishable as crimes, and exactly what elements -must enter into each wrong in order to make it a crime. All right of -discretion is taken from the trial court; the judge must abide by the -law, and the law decides matters of this nature in no uncertain terms." - -"Surely," interrupted Haines, beginning to appreciate the gravity of the -situation, "old Allen can be sent to the penitentiary for this crime. He -is a rank, out and out embezzler. He stole this money and converted it -to his own use. Are you going to say that the crime of embezzlement is a -dead letter?" - -"My friend," said the judge, "you forget that there is no equity in the -criminal courts. The crime of embezzlement is a pure creature of the -statute. Under the old common law there was no such crime. Consequently -society had no protection from wrongs of this nature, until this evil -grew to such proportions that the law-making power began by statute to -define this crime and provide for its punishment. The ancient English -statutes were many and varied, and, following in some degree thereafter, -each of the United States has its own particular statute, describing -this crime as being composed of certain fixed technical elements. This -indictment against Moseby Allen is brought under Section 19 of Chapter -145 of the Code of West Virginia, which provides: 'If any officer, -agent, clerk or servant of this State, or of any county, district, -school district or municipal corporation thereof, or of any incorporated -bank or other corporation, or any officer of public trust in this State, -or any agent, clerk or servant of such officer of public trust, or any -agent, clerk or servant of any firm or person, or company or association -of persons not incorporated, embezzle or fraudulently convert to his -own use, bullion, money, bank notes or other security for money, or -any effects or property of another person which shall have come to his -possession, or been placed under his care or management, by virtue of -his office, place or employment, he shall be guilty of larceny thereof.' - -"This is the statute describing the offence sought to be charged. All -such statutes must be strictly construed. Applying these requisites of -the crime to the case before us, we find that Allen cannot be convicted, -for the reason that at the time this money was placed in his hands he -was not sheriff of Gullmore county, nor was he in any sense its agent, -clerk, or servant. And, second, if he could be said to continue an -agent, clerk, or servant of this county, after the expiration of his -term, he would continue such agent, clerk, or servant for the purpose -only of administering those matters which might be said to lawfully -pertain to the unfinished business of his office. This fund was in -no wise connected with such unfinished affairs, and by no possible -construction could he be said to be an agent, clerk, or servant of this -county for the purpose of its distribution or custody. Again, in order -to constitute such embezzlement, the money must have come into his -possession by virtue of his office. This could not be, for the reason -that he held no office. His time, had expired; Jacob Wade was sheriff, -and the moment Jacob Wade was installed, Allen's official capacity -determined, and he became a private citizen, with only the rights and -liabilities of such a citizen. - -"Nor is he guilty of larceny, for the very evident reason that the -proper custodian, Wade, voluntarily placed this money in his hands, and -he received it under a _bona fide_ color of right." - -The Honorable Ephraim Haines arose, and brought his ponderous fist down -violently on the table. "By the Eternal!" he said, "this is the cutest -trick that has been played in the two Virginias for a century. Moseby -Allen has slipped out of the clutches of the law like an eel." - -"Ephraim," said the circuit judge, reproachfully, "this is no frivolous -matter. Moseby Allen has wrought a great wrong, by which many innocent -men will suffer vast injury, perhaps ruin. Such malicious cunning is -dangerous to society. Justice cannot reach all wrongs; its hands are -tied by the restrictions of the law. Why, under this very statute, one -who was _de facto_ an officer of the county or State, by inducing some -other officer to place in his hands funds to which he was not legally -entitled, could appropriate the funds so received with perfect impunity, -and without committing any crime or rendering his bondsmen liable. Thus -a clerk of the circuit court could use without criminal liability any -money, properly belonging to the clerk of the county court, or sheriff, -provided he could convince the clerk or sheriff that he was entitled to -its custody; and so with any officer of the State or county, and this -could be done with perfect ease where the officers were well known to -each other and strict business methods were not observed. Hence all the -great wrong and injury of embezzlement can be committed, and all the -gain and profit of it be secured, without violating the statute or -rendering the officer liable to criminal prosecution. It would seem -that the rogue must be stupid indeed who could not evade the crime of -embezzlement." - -The man stopped, removed his spectacles, and closed them up in their -case. He was a painstaking, honest servant of the commonwealth, and, -like many others of the uncomplaining strong, performed his own duties -and those of his careless companion without murmur or comment or hope of -reward. - -The Honorable Ephraim Haines arose and drew himself up pompously. "I -am glad," he said, "that we agree on this matter. I shall sustain this -motion." - -The circuit judge smiled grimly. "Yes," he said, "it is not reason or -justice, but it is the law." - -At twelve the following night Colonel Moseby Allen, ex-sheriff of the -county of Gullmore, now acquitted of crime by the commonwealth, -hurried across the border for the purpose of avoiding certain lawless -demonstrations on the part of his countrymen,--and of all his acts of -public service, this was the greatest. - - - - -VII.--THE ANIMUS FURANDI - - -_[See the case of State vs. Brown et al.% 104 Mo., 365; the strange case -of Reuben Deal, 64 N. C., 270; also on all fours with the facts here -involved, see Thompson vs. Commonwealth, 18 S. W. Rept., 3022; and the -very recent case of The People vs. Hughes, 39 Pacific Rept., 492; -also Rex vs. Hall, Bodens case, and others there cited, 2 Russell on -Crimes.]_ - - - - -I. - -I AM tired of your devilish hints, why can't you come out with it, -man?" The speaker was half angry. - -Parks leaned forward on the table, his face was narrow and full of -cunning. "Mystery is your long suit, Hogarth, I compliment you." - -"You tire me," said the man; "if you have any reason for bringing me -here at this hour of the night I want to know it." - -"Would I be here in the office at two o'clock in the morning, with a -detective and without a reason? Listen, I will be plain with you. I must -get Mr. Mason out of New York; he is going rapidly, and unless he gets -a sea-voyage and a change of country he will be in the mad-house. He is -terribly thin and scarcely sleeps any more at all. No human being -can imagine what a monster he is to manage, or in what an infinitely -difficult position I have been placed. When we came here from Paris, -after the unfortunate collapse of the canal syndicate, the situation -that confronted me was of the most desperate character. Mr. Mason was -practically a bankrupt. He had spent his entire fortune in a mighty -effort to right the syndicate, and would have succeeded if it had not -been for the treachery of some of the French officials. He had been -absent so long from New York that his law practice was now entirely -lost, and, worst of all, this mysterious tilt of his mind would render -it utterly impossible for him ever to regain his clientage. For a time -I was in despair. Mr. Mason was, of course, utterly oblivious to the -situation, and there was no one with whom I could advise, even if I -dared attempt it. When everything failed in Paris, Mr. Mason collapsed, -physically. He was in the hospital for months; when he came out, his -whole nature was wrenched into this strange groove, although his mind -was apparently as keen and powerful as ever and his wonderful faculties -unimpaired. He seemed now possessed by this one idea, that all the -difficulties of men were problems and that he could solve them. - -"A few days after we landed in New York, I wandered into the -court-house; a great criminal had been apprehended and was being tried -for a desperate crime. I sat down and listened. As the case developed, -it occurred to me that the man had botched his work fearfully, and that -if he could have had Mr. Mason plan his crime for him he need never have -been punished. Then the inspiration came. Why not turn this idea of Mr. -Mason to account? - -"I knew that the city was filled with shrewd, desperate men, who -feared nothing under high heaven but the law, and were willing to take -desperate chances with it. I went to some of them and pointed out the -mighty aid that I could give; they hooted at the idea, and said that -crime was crime and the old ways were the best ways." - -Parks paused and looked up at the detective. "They have since changed -their minds," he added. - -"What did Mr. Mason think of your method of securing clients?" said -Hogarth. - -"That was my greatest difficulty," continued Parks. "I resorted to every -known trick in order to prevent him from learning how the men happened -to come to him, and so far I have been successful. He has never -suspected me, and has steadily believed that those who came to him with -difficulties were attracted by his great reputation. By this means, Mr. -Mason has made vast sums of money, but what he has done with it is a -mystery. I have attempted to save what I could, but I have not enough -for this extended trip to the south of France. Now, do you understand -me?" - -"Yes," answered the detective, "you want to find where his money is -hidden." - -"No," said Parks, with a queer smile, "I am not seeking impossible -ventures. What Randolph Mason chooses to make a mystery will remain so -to the end of time, all the detectives on the earth to the contrary." - -"What do you want, then?" asked Hogarth, doggedly. - -Parks drew his chair nearer to the man and lowered his voice. "My -friend," he said, "this recent change in the administration of the city -has thrown you out on your uppers. Your chief is gone for good, and with -him all your hopes in New York. It was a rout, my friend, and they have -all saved themselves but you. What is to become of you?" - -"God knows!" said the detective. "Of course I am still a member of the -agency, but there is scarcely bread in that." - -"This world is a fighting station," continued Parks. "The one intention -of the entire business world is robbery. The man on the street has no -sense of pity; he grows rich because he conceives some shrewd scheme -by which he is enabled to seize and enjoy the labor of others. His only -object is to avoid the law; he commits the same wrong and causes the -same resulting injury as the pirate. The word 'crime,' Hogarth, was -invented by the strong with which to frighten the weak; it means -nothing. Now listen, since the thing is a cutthroat game, why not have -our share of the spoil?" Hogarth's face was a study; Parks was shrewdly -forcing the right door. - -"My friend," the little man went on, "we can make a fortune by a twist -of the wrist, and go scot-free with the double eagles clinking in -our pockets. We can make it in a day, and thereafter wag our heads at -fortune and snap our fingers at the law." - -"How?" asked the detective. The door had broken and swung in. - -"I will tell you," said Parks, placing his hand confidentially on the -man's shoulder. "Mr. Mason has a plan. I know it, because yesterday he -was walking up Broadway, apparently oblivious to everything. Suddenly -his face cleared up, and he stopped and snapped his fingers. 'Good!' -he said, 'a detective could do it, and it would be child play, child -play.'" - -Hogarth's countenance fell. "Is that all?" he said. - -"All!" echoed Parks, bringing his hand down on the table. "Is n't that -enough, man? You don't know Randolph Mason. If he has a plan by which a -detective can make a haul, it is good, do you hear, and it goes." - -"What does this mean, Parks?" said a voice. - -The little clerk sprang up and whirled round. In his vehemence he had -not noticed the door-way. Randolph Mason stood in the shadow. He was -thin and haggard, his face was shrunken and unshaven, and he looked worn -and exhausted. - -"Oh, sir," said Parks, gathering himself quickly, "this is my friend -Braxton Hogarth, and he is in great trouble. He came here to ask me for -help; we have been talking over the matter for many hours, and I don't -see any way out for him." - -"Where has the trap caught him?" said Mason, coming into the room. - -"It is an awful strange thing, sir," answered the clerk. "Mr. Hogarth's -only son is the teller of the Bay State Bank in New Jersey. This morning -they found that twenty thousand dollars was missing from the vault. No -one had access to the vault yesterday but young Hogarth. The cashier was -in this city, the combination was not known to any others. There is no -evidence of robbery. The circumstances are so overwhelming against young -Hogarth that the directors went to him and said plainly that if the -money was in its place by Saturday night he would not be prosecuted, -and the matter would be hushed up. He protested his innocence, but they -simply laughed and would not listen to him. The boy is prostrated, and -we know that he is innocent, but there is no way on earth to save -him unless Mr. Hogarth can raise the money, which is a hopeless -impossibility." - -Parks paused, and glanced at Hogarth, the kind of glance that obtains -among criminals when they mean, "back up the lie." - -The detective buried his face in his hands. - -"The discretion of Fate is superb," said Mason. "She strikes always the -vulnerable spot. She gives wealth if one does not need it; fame, if one -does not care for it; and drives in the harpoon where the heart is." - -"The strange thing about it all, sir," continued Parks, "is that Mr. -Hogarth has been a detective all his life and now is a member of the -Atlantic Agency. It looks like the trailed thing turning on him." - -"A detective!" said Mason, sharply. "Ah, there is the open place, and -there we will force through." - -The whole appearance of the man changed in an instant. He straightened -up, and his face lighted with interest. He drew up a chair and sat down -at the table, and there, in the chill dark of that November morning, he -unfolded the daring details of his cross-plot, and the men beside him -stared in wonder. - - - - -II. - -About one o'clock on Thursday afternoon, William Walson, manager of the -great Oceanic Coal Company, stepped out of the Fairmont Banking House in -the Monongahela mining regions of West Virginia. It was pay-day at his -mine, and he carried a black leather satchel in his hand containing -twenty thousand dollars in bills. At this time the gigantic plant of -this company was doing an enormous business. The labor unions of the -vast Pennsylvania coal regions were out on the bitterest and most -protracted strike of all history. The West Virginia operators were -moving the heavens in order to supply the market; every man who could -hold a pick was at work under the earth day and night. - -The excitement was something undreamed of. The region was overrun with -straggling workmen, tramps, "hobos," and the scum criminals of the -cities, and was transformed as if by magic into a hunting-ground where -the keen human ferret stalked the crook and the killer with that high -degree of care and patience which obtains only with the man-hunter. - -William Walson was tall, with short red beard and red hair, black eyes, -and rather a sharp face; his jaw was square, bespeaking energy, but his -expression was rather that of a man who won by the milder measures of -conciliation and diplomacy. For almost a month he had been taxing his -physical strength to the uttermost, and on this afternoon he looked worn -and tired out utterly. He walked hurriedly from the bank door to the -buck-board, untied the horse, raised the seat, and put the satchel down -in the box under the cushion, then climbed in and drove away. - -The great plant of the Oceanic Coal Company was on a branch of the -railroad, some considerable distance from the main line by rail, but -only a few miles over the hills from the Fairmont Junction. William -Walson struck out across the country road. The sun shone warm. He had -lost so much sleep that presently he began to feel drowsy, and as the -horse jogged along he nodded in his seat. - -About a mile from the town, at the foot of a little hill in the woods, -a man stepped suddenly out from the fence and caught the horse by the -bridle. Walson started and looked up. As he did so the stranger covered -him with a revolver and bade him put up his hands and get out of the -buck-board. The coal dealer saw in a moment that the highwayman meant -what he said, and that resistance would be folly. He concluded also -that he was confronted by one of the many toughs at large in the -neighborhood, and that the fellow's intention was simply to rob him of -his personal effects and such money as he might have in his pockets; it -was more than probable that the man before him had no knowledge of the -money hidden under the seat and would never discover it. - -"Tie your horse, sir," said the highwayman. - -Walson loosed the hitch strap and fastened the horse to a small tree by -the roadside. - -"Turn your back to me," said the robber, "and put out your hands behind -you." The coal dealer obeyed, thinking that the fellow was now going -through his pockets. To his surprise and astonishment the man came up -close behind him and snapped a pair of handcuffs on his wrists. - -"What do you mean by this?" cried Watson, whirling round on his heels. - -The big man with the revolver grinned. "You will find out soon enough," -he said. "Move along; the walking is good." - -William Watson was utterly at sea. He could not understand why this man -should kidnap him, and start back with him to the town. What could the -highwayman possibly mean by this queer move? At any rate it was evident -that he had no knowledge of the money, and Walson reasoned shrewdly -that, if he remained quiet and submissive, the vast sum in the -buck-board would escape the notice of this erratic thief. - -The two men walked along in silence for some time; the highwayman was -big, with keen gray eyes and a shrewd face; he seemed curiously elated. -When the two came finally to the brow of the hill overlooking the town, -Walson stopped and turned to his strange captor; he was now convinced -that the fellow was a lunatic. - -"Sir," he said, "what in Heaven's name are you trying to do?" - -"Introduce you to your fellows in Sing Sing, my friend," answered the -highwayman. "The gang will be glad to welcome Red Lead Jim." - -It all came to the coal dealer in a moment "Oh, you miserable ass!" he -cried, "what an infernal mistake! My name is William Walson, I am the -manager of the Oceanic Coal Company, there is twenty thousand dollars in -that buck-board. I must go back to it or it will be lost. Here take off -these damned handcuffs, and be quick about it." And he literally danced -up and down in the road with rage. - -His companion leaned against the fence and roared with laughter. "You -are a smooth one, Red, but the job and your twenty thousand will keep." - -Walson's face changed. "Come," he said, "let us get this fool business -over," and he began to run down the hill to the town, his captor -following close beside him. - -Men came out into the street in astonishment when they saw the strange -pair. Walson was dusty and cursing like a pirate. He called upon the -crowd that was quickly gathering, to identify him and arrest his idiotic -kidnapper. The people explained that Mr. Walson was all right, that he -was a prominent citizen, that it was all some horrible mistake. But -the fellow hung on to his man until he got him to the jail. There the -sheriff freed Walson and demanded an explanation. The mob crowded around -to hear what it all meant. The stranger seemed utterly astonished at the -way the people acted. He said that his name was Braxton Hogarth, that -he was a New York detective, an employee of the Atlantic Agency; that he -was trailing one Red Lead Jim, a famous bank cracker who was wanted -in New York for robbery and murder; that he had tracked him to West -Virginia, and that coming suddenly upon William Walson in the road he -had believed him to be the man, had arrested him, and brought him at -once to the town in order to have him extradited. He said that if Walson -was not the man it was the most remarkable case of mistaken identity on -record. He then produced a photograph, to which was attached a printed -description. The photograph was an excellent likeness of Walson, and the -description fitted him perfectly. The coal dealer was dumbfounded and -joined with the crowd in admitting the excusableness of the detective's -mistake under the very peculiar circumstances, but he said that the -story might not be true, and asked the sheriff to hold the detective -in custody until he was fully convinced that everything was as Hogarth -said. The detective declared himself perfectly satisfied with this -arrangement, and William Walson secured a horse and hurried back to his -buck-board. - -The perilous vocation of Hogarth had inured him to tragic positions. -He was thoroughly master of his hand and was playing it with quiet and -accurate precision. He asked the sheriff to telegraph the agency and -inform it of the situation and said that it would immediately establish -the truth of his statement. - -That night the mining town of Fairmont was in an uproar. The streets -were filled with excited men loudly discussing the great misfortune that -had so strangely befallen the manager of the Oceanic Coal Company. It -had happened that when William Walson returned to his buck-board, -after his release by the sheriff, he found the horse lying dead by -the roadside, and the buck-board a heap of ashes and broken irons. The -charred remains of the satchel were found under the heap of rubbish, but -it was impossible to determine whether the money had been carried away -or destroyed by the fire. A jug that had lately contained liquor was -found near by. All the circumstances indicated that the atrocious -act was the malicious work of some one of the roving bands of drunken -cutthroats. But the wonder of it all was the coincidence of the -detective and the glaring boldness of the fiend "hobos." - -The Atlantic Agency of New York, answered the sheriff's telegram -immediately, confirming Hogarth's statement, and referring to the -District Attorney of New York and the Chief of Police; These answered -that the agency was all right and that its statement should be accepted -as correct. Finally, as a last precaution, the sheriff and the president -of the Oceanic Coal Company talked with the New York Police Chief by -long-distance telephone. When they were at length assured that the -detective's story was true, he was released and asked to go with the -president before the board of directors. Here he went fully over the -whole matter, explaining that the man, Red Lead Jim, was a desperate -character, and for that reason he had been so severe and careful, not -daring to risk the drive back to town in the buck-board. When asked his -theory of the robbery, he said that the first impression of the people -was undoubtedly correct, that the country was full of wandering gangs of -desperate blacklegs, that the money being in paper was perhaps destroyed -by the fire and not discovered at all by the thugs in their malicious -and drunken deviltry. - -The board of directors were not inclined to censure Hogarth, suggesting -that after all he had perhaps saved the life of William Walson, as it -was evident that the drunken "hobos" would have murdered him if he -had been present when they chanced upon the horse and buck-board. -Nevertheless, the detective seemed utterly prostrated over the great -loss that had resulted from his unfortunate mistake, and left for New -York on the first train. - - - - -III. - -The following night two men stepped from the train at Jersey City and -turned down towards the ferry. For a time they walked along in silence; -suddenly the big one turned to his companion. "Parks," he said, "you are -a lightning operator, my boy, you should play the mob in a Roman drama." - -"I fixed the 'hobo' evidence all right, Hogarth," answered the other, -"and I have not forgotten the trust fund," whereupon he winked at his -big companion and tapped on the breast of his coat significantly. - -The detective's face lighted up and then grew anxious. "Well," he said, -lowering his voice, "are we going to try the other end of it?" - -"Why not?" answered the little clerk. "Don't we need the trust fund -doubled?" - - - - -IV. - -The great gambling house of Morehead, Opstein, & Company was beginning -to be deserted by the crowd that had tempted the fickle goddess all -night long to their great hurt. It was now four o'clock in the morning, -and only one or two of the more desperate losers hung on to play. Snakey -the Parson, a thin delicate knave, with a long innocent, melancholy -face, was dealing faro for the house. "Snakey" was a "special" in the -parlance of the guild; his luck was known to come in "blizzards"; if he -won, to use the manager's language, he won out through the ceiling, -and if he lost, he lost down to his health. For this reason Snakey the -Parson was not a safe man as a "regular," but he was a golden bonanza -when the cards went his way, and to-night they were going his way. - -The stragglers drifted out one by one and the dealer was preparing -to quit the table when the door opened and two men entered: one was a -little old man with a white beard and a lean, hungry face; the other -was a big, half-drunken cattle drover. The two came up to the table and -stood for a moment looking at the lay-out. A faint smile passed over -the face of Snakey the Parson, he knew the types well, they were western -cattle-shippers with money. - -"How high do ye go, mister?" said the little man. - -"Against the sky," answered the dealer, sadly. - -"Then I'll jist double me pile," said the little old man, reaching down -into his pocket and fishing up a roll of bills wrapped in a dirty old -newspaper. He counted the money and placed it upon the table. - -The dealer looked up in astonishment. "Ten thousand!" he said. - -"Yep," answered the old man, "an I want ter bet hit on the jack er -spades." - -The dealer pushed a stack of yellow chips across the table. - -"No, siree," said the player, "you don't give me no buttons. I' ll put -my pile on this side and you put your pile on t'other side, and the -winner takes 'em." - -Snakey the Parson wavered a moment. It was against the rules, but here -was too good a thing to lose. He turned, counted out the money, and -placed it on his right, and began to deal from the box. The cards fell -rapidly. For a time the blacks ran on the side of the house. Suddenly -they changed and the queen and the ten of spades fell on the left. The -dealer saw the card under his thumb and paused. The keen eyes of the old -man were fixed on him. He determined to take the long chance, knowing -that the loss was only temporary; and the jack of spades came up and -fell on the side of the stranger. - -With a whoop of joy the old man clutched the money. "I am going to try -her agin!" he cried. - -"Hold on," said the big cattle-drover, pushing up to the table; "my wad -is as good as you; it is my turn now." - -The dealer grinned. "You can both play, gentlemen," he said, speaking -with a low, sweet accent. - -"No, we can't," muttered the drover, with the childish obstinacy of a -half-drunken man. "I want the whole shooting match to myself; he can -have the next whirl at her." - -Thereupon the drover dragged a big red pocket book from somewhere inside -his coat, took out a thick, straight package of bills, and laid it down -on the table. - -"How much?" said the dealer, running his finger over the end of the -package. - -'"Same as Abe's," said the drover. - -"Here," said the little old man, peevishly, "if you won't let me play, -bet my roll with yourn," and he pushed the ten thousand of his own money -to his companion, and placed the money, which he had won from the bank, -in his pocket. The drover took the money and piled it up on the ace of -spades. - -The dealer's face grew pensive and sweet; it was all right this time; he -was going to round off the night with a golden _coup d' état_. He opened -the safe behind him, counted out twenty thousand in big bills, and piled -it up on one side of the bank. Then he opened the box and began. The old -man wandered around the room; the big, half-drunken cattle-shipper hung -over the table. Snakey, the Parson scarcely saw either; he was intent on -manipulating the box, and his hand darted in and out like a white snake. -Suddenly the ace of spades flew out, and fell on the side of the house. -The quick dealer clapped his left hand over the box and put out his -right for the player's money. As he did so, the big drover bent forward -and thrust a revolver into his face. - -"No, you don't," he growled, "this is my money and I will not leave it, -thank you." - -Snakey the Parson glanced at the man and knew that he had been fooled, -but he was composed and clear-headed. Under the box on the right were -weapons and the electric button; he began to take his right hand slowly -from the table. - -"Stop!" said the drover, sharply, "that game won't work!" - -The dealer looked up into the player's face, and dropped his hands; he -was a brave man, and desperate, as gamblers go, but he knew death when -he saw it; his face turned yellow and became ghastly, but he did not -move. - -The drover took up his money from the lay-out, and handed it to the -old man. He used his left hand only, and did not take his eyes from the -gambler's face. The old man thrust the bundle of bills in his pocket, -and hurried from the room. The gambler sat rigid as a wax figure. The -drover waited until his companion had sufficient time to get thoroughly -away from the house; then he began to move slowly backward to the door, -keeping the gambler covered with the weapon. The faro dealer watched -every move of the drover, like a hawk, but he did not attempt to take -his hand from the table; the muzzle of the revolver was too rigid; it -was simply moving backward from his face in a dead straight line. At -the door the drover stopped, drew himself together, then sprang suddenly -through and bounded down the stairs. - -Snakey the Parson touched the electric button, and as the drover rushed -into the street, two policemen caught him by the shoulder. - - - - -V - -Well," said the Police Chief, "I am tired of making an ass of myself; -Mr. Mason says this cattle drover has committed no crime except a petty -assault, and if he is right, I want to know it. That man beats the very -devil. Every time I have sent up a case against his protest the judges -have pitched me out on my neck, and the thing has got to be cursedly -monotonous." - -The District Attorney smiled grimly, and turned around in his chair. -"Have you given me all the details?" he said. - -"Yes," answered the official, "just exactly as they occurred." - -The District Attorney arose, thrust his hands into his pockets, and -looked down at the great man-hunter; there was a queer set to his mouth, -and the merest shadow of a twinkle in his eyes. - -"Well, my friend," he said, "you are pitched out on your neck again." - -The official drew a deep breath, and his face fell. "Then it is not -robbery?" he said. - -"No," answered the attorney. - -"Well," mused the Police Chief, "this law business is too high for me. I -have spent my life dealing with crimes, and I thought I knew one when I -saw it; but I give it up, I don't know the first principles. Why, here -is a fellow who voluntarily goes into a gambling house, plays and loses, -then draws a revolver and forcibly takes away the money which, by the -rules of the play, belongs to the house; robs the dealer by threatening -to kill him; steals the bank's money, and fights his way out. It cannot -matter that the man robbed was a lawbreaker himself, or that the crime -occurred in a gambling house. It is the law of New York that has been -violated; the place and parties are of no importance. Here is certainly -the force and the putting in fear that constitute the vital element of -robbery; and yet you say it is not robbery. You have me lost all right." - -"My dear sir," put in the District Attorney, "the vital element of -robbery is not the force and terror but is what is called in the books -the _animus furandi_, meaning the intention to steal. The presence of -this felonious intent determines whether or not the wrong is a crime. -If it be not present there can be no robbery, no matter how great -the force, violence, or putting in fear, or how graven serious, or -irreparable the resulting injury. - -"It is true indeed that the force and terror are elements, but the vital -one is the intent. If force and violence one takes his own property from -the possession of another, it is no robbery; nor is it robbery for one -to take the property of another by violence under the belief that it -is his own, or that he has some right to it, or by mistake or -misunderstanding, although vast loss be caused thereby and great wrong -and hurt result." - -"I have no hope of ever understanding it," said the Police Chief; "I am -only a common man with a short life time." - -"Why, sir," continued the attorney, "it is as plain as sunlight. Robbery -is compounded of larceny and force. It is larceny from the person by -violence, but in order to constitute it the property must be taken -from the peaceable possession of the party and it must be taken _animo -furandi_. Neither of these happened in the case you state, because the -faro dealer, by means of an unlawful game, could not secure any color -of right or title to the money which he should win by it. Therefore the -money taken was not his property, and could not have been taken from his -peaceable possession. - -"In the second place, this vital element of robbery, the animus furandi, -is totally wanting, for the reason that the player, in forcibly seizing -the money which he had lost, was actuated by no intention to steal, -but, on the contrary, was simply taking possession of his own property, -property to which he had a full legal right and title." - -"But," put in the officer, "there was the other ten thousand which the -old man won, they got away with that; if the game was unlawful they had -no right to that." - -"True," said the lawyer. "The old man had no title to the ten thousand -which he had won, but he did not steal it; the dealer gave it to him of -his own free will, and the old man had it in his possession by the full -voluntary consent of the dealer some time before the resort to violence. -There was clearly no crime in this." - -"Damn it all!" said the Police Chief, wearily, "is there no way to get -at him, can't we railroad him before a jury?" - -The District Attorney looked at the baffled officer and grinned -ominously. "My friend," he said, "there is no power in Venice can alter -a decree established. The courts have time and again passed upon cases -exactly similar to this, and have held that there was no crime, except, -perhaps, a petty misdemeanor. We could not weather a proceeding on -_habeas corpus_ ten minutes; we could never get to a jury. When the -judge came to examine the decisions on this question we would go out, as -you expressed it, on our necks." - -"Well," muttered the Police Chief, as he pulled on his coat, "it is just -as Randolph Mason said, out he goes." - -The attorney laughed and turned to his desk. The officer crossed to -the door, jerked it open, then stopped and faced round. "Mr. District -Attorney," he said, "won't there be hell to pay when the crooks learn -the law?" Then he stalked through and banged the door after him. - -The District Attorney looked out of the window and across the street at -the dirty row of ugly buildings. "Humph!" he said, "there is something -in that last remark of the Chief." - - - - -VI. - -Braxton Hogarth, detective, member of the Atlantic Agency, in good -standing, now, by right of law and by virtue of his craft, restored -to his freedom and identity, stepped back and was swallowed up by the -crowd. - -The great ocean liner steamed out from the port of New York on its -pathless journey to the sunny south of France. Randolph Mason sat in an -invalid chair close up to the rail of the deck; he was grim, emaciated, -and rigidly ugly. His body was exhausted, worn out utterly long ago, -but the fierce mysterious spirit of the man was tireless and wrought on -unceasingly. - -For a time he was silent, his eyes wide, and his jaw set like a wolf -trap. Suddenly he clutched the rail and staggered to his feet. - -"Parks," he muttered,--"Parks, this ship is worth a million dollars. -Come with me to the cabin and I will show you how it may be wrested -from the owners and no crime committed; do you understand me, Parks? no -crime!" - -_Note.--For the purpose of a complete demonstration, two situations are -here combined. In the first, the crime of robbery was committed, but -in such a manner as to completely evade an inference of the _animus -furandi_, although it was in fact present and obtained. In the second, -there was no robbery, the _animus furandi_ being entirely absent, -although it apparently existed in a conspicuous degree._ - - -THE END. - - - - - - - -End of the Project Gutenberg EBook of The Strange Schemes of Randolph Mason, by -Melville Davisson Post - -*** END OF THIS PROJECT GUTENBERG EBOOK STRANGE SCHEMES *** - -***** This file should be named 51956-8.txt or 51956-8.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/1/9/5/51956/ - -Produced by David Widger from page images generously -provided by the Internet Archive - - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - - - -Title: The Strange Schemes of Randolph Mason - -Author: Melville Davisson Post - -Release Date: May 2, 2016 [EBook #51956] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK STRANGE SCHEMES *** - - - - -Produced by David Widger from page images generously -provided by the Internet Archive - - - - - - -</pre> - - <div style="height: 8em;"> - <br /><br /><br /><br /><br /><br /><br /><br /> - </div> - <h1> - THE STRANGE SCHEMES <br /> of <br /> RANDOLPH MASON - </h1> - <h2> - By Melville Davisson Post - </h2> - <h3> - Author Of "The Clients Of Randolph Mason" - </h3> - <h4> - G. P. Putnam's Sons - </h4> - <h5> - New York and London - </h5> - <h3> - 1896 - </h3> - <p> - <br /> <br /> - </p> - <h3> - TO - </h3> - <h3> - JOHN A. HOWARD - </h3> - <h3> - SKILFUL LAWYER, AND COURTEOUS GENTLEMAN - </h3> - <p> - <br /><br /> - </p> - <hr /> - <p> - <br /><br /> - </p> - <p> - <b>CONTENTS</b> - </p> - <p class="toc"> - <a href="#link2H_4_0001"> <b>THE STRANGE SCHEMES OF RANDOLPH MASON.</b> - </a> - </p> - <p class="toc"> - <a href="#link2H_INTR"> INTRODUCTION. </a> - </p> - <p> - <br /> - </p> - <p class="toc"> - <a href="#link2H_4_0003"> I—<b>THE CORPUS DELICTI</b> </a> - </p> - <p class="toc"> - <a href="#link2H_4_0004"> I. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0005"> II </a> - </p> - <p class="toc"> - <a href="#link2H_4_0006"> III. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0007"> IV. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0008"> V. </a> - </p> - <p> - <br /> - </p> - <p class="toc"> - <a href="#link2H_4_0009"> II—<b>TWO PLUNGERS OF MANHATTAN</b> </a> - </p> - <p class="toc"> - <a href="#link2H_4_0010"> I. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0011"> II. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0012"> III. </a> - </p> - <p> - <br /> - </p> - <p class="toc"> - <a href="#link2H_4_0013"> III—<b>WOODFORD'S PARTNER</b> </a> - </p> - <p class="toc"> - <a href="#link2H_4_0014"> I. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0015"> II. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0016"> III. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0017"> IV. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0018"> V. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0019"> VI. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0020"> VII. </a> - </p> - <p> - <br /> - </p> - <p class="toc"> - <a href="#link2H_4_0021"> IV—<b>THE ERROR OF WILLIAM VAN BROOM</b> - </a> - </p> - <p class="toc"> - <a href="#link2H_4_0022"> I. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0023"> II. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0024"> III. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0025"> IV. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0026"> V. </a> - </p> - <p> - <br /> - </p> - <p class="toc"> - <a href="#link2H_4_0027"> V—<b>THE MEN OF THE JIMMY</b> </a> - </p> - <p class="toc"> - <a href="#link2H_4_0028"> I. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0029"> II </a> - </p> - <p class="toc"> - <a href="#link2H_4_0030"> III. </a> - </p> - <p> - <br /> - </p> - <p class="toc"> - <a href="#link2H_4_0031"> VI—<b>THE SHERIFF OF GULLMORE</b> </a> - </p> - <p class="toc"> - <a href="#link2H_4_0032"> I. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0033"> II. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0034"> III. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0035"> IV. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0036"> V. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0037"> VI. </a> - </p> - <p> - <br /> - </p> - <p class="toc"> - <a href="#link2H_4_0038"> VII.—<b>THE ANIMUS FURANDI</b> </a> - </p> - <p class="toc"> - <a href="#link2H_4_0039"> I. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0040"> II. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0041"> III. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0042"> IV. </a> - </p> - <p class="toc"> - <a href="#link2H_4_0043"> V </a> - </p> - <p class="toc"> - <a href="#link2H_4_0044"> VI. </a> - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0001" id="link2H_4_0001"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - THE STRANGE SCHEMES OF RANDOLPH MASON. - </h2> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_INTR" id="link2H_INTR"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - INTRODUCTION. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>HE teller of - strange tales is not the least among benefactors of men. His cup of Lethe - is welcome at times even to the strongest, when the <i>tædium vito</i> of - the commonplace is in its meridian. To the aching victim of evil fortune, - it is ofttimes the divine anaesthetic. - </p> - <p> - To-day a bitter critic calls down to the storyteller, bidding him turn out - with the hewers of wood and the drawers of water, for the reason that - there is no new thing, and the pieces with which he seeks to build are - ancient and well worn. "At best," he cries, "the great one among you can - produce but combinations of the old, some quaint, some monstrous, and all - weary." But the writer does not turn out, and the world swings merrily on. - </p> - <p> - Perhaps the critic forgets that if things are old, men are new; that while - the grain field stands fast, the waves passing over it are not one like - the other. The new child is the best answer. - </p> - <p> - The reader is a clever tyrant. He demands something more than people of - mist. There must be tendons in the ghost hand, and hard bones in the - phantom, else he feels that he has been cheated. - </p> - <p> - Perhaps, of all things, the human mind loves best the problem. Not the - problem of the abacus, but the problem of the chess-board when the pieces - are living; the problem with passion and peril in it; with the fresh air - of the hills and the salt breath of the sea. It propounds this riddle to - the writer: Create mind-children, O Magician, with red blood in their - faces, who, by power inherited from you, are enabled to secure the fruits - of drudgery, without the drudgery. Nor must the genius of Circumstance - help. Make them do what we cannot do, good Magician, but make them of clay - as we are. We know all the old methods so well, and we are weary of them. - Give us new ones. - </p> - <p> - Exacting is this taskmaster. It demands that the problem builder cunningly - join together the Fancy and the Fact, and thereby enchant and bewilder, - but not deceive. It demands all the mighty motives of life in the problem. - Thus it happens that the toiler has tramped and retramped the field of - crime. Poe and the French writers constructed masterpieces in the early - day. Later came the flood of "Detective Stories" until the stomach of the - reader failed. Yesterday, Mr. Conan Doyle created Sherlock Holmes, and the - public pricked up its ears and listened with interest. - </p> - <p> - It is significant that the general plan of this kind of tale has never - once been changed to any degree. The writers, one and all, have labored, - often with great genius, to construct problems in crime, where by acute - deduction the criminal and his methods were determined; or, reversing it, - they have sought to plan the crime so cunningly as to effectually conceal - the criminal and his methods. The intent has always been to baffle the - trailer, and when the identity of the criminal was finally revealed, the - story ended. - </p> - <p> - The high ground of the field of crime has not been explored; it has not - even been entered. The book-stalls have been filled to weariness with - tales based upon plans whereby the <i>detective</i>, or <i>ferreting</i> - power of the State might be baffled. But, prodigious marvel! no writer has - attempted to construct tales based upon plans whereby the <i>punishing</i> - power of the State might be baffled. - </p> - <p> - The distinction, if one pauses for a moment to consider it, is striking. - It is possible, even easy, deliberately to plan crimes so that the - criminal agent and the criminal agency cannot be detected. Is it possible - to plan and execute wrongs in such a manner that they will have all the - effect and all the resulting profit of desperate crimes and yet not be - crimes before the law? - </p> - <p> - There is, perhaps, nothing of which the layman is so grossly ignorant as - of the law. He has grown to depend upon what he is pleased to call common - sense. Indeed his refrain, "The law is common sense," has at times been - echoed by the judiciary. There was never a graver error. The common sense - of the common man is at best a poor guide to the criminal law. It is no - guide at all to the civil law. - </p> - <p> - There is here no legal heresy. Lord Coke, in the seventeenth century, - declared that the law was not the natural reason of man, and that men - could not, out of their common reason, make such laws as the laws of - England were. The laws have not grown simpler, surely, and if they could - not be constructed by the common reason of men, they could certainly not - be determined by it. That men have but indistinct ideas of the law is to - be regretted and deplored. For their protection they should know it; and - there is need of this protection. The voices of all men were not joined in - the first great cry for law and order, nor are they all joined now. The - hands of a part of mankind have ever been set against their fellows; for - what great reason no man can tell. Maybe the Potter marred some, and - certainly evil Circumstance marred some. But, by good hap, industry has - always, and intelligence has usually, been on the law's side. Ofttimes, - however, the Ishmælites raise up a genius and he, spying deep, sees the - weak places in the law and the open holes in it, and forces through, to - the great hurt of his fellows. And men standing in the market-places - marvel. - </p> - <p> - We are prone to forget that the law is no perfect structure, that it is - simply the result of human labor and human genius, and that whatever laws - human ingenuity can create for the protection of men, those same laws - human ingenuity can evade. The Spirit of Evil is no dwarf; he has - developed equally with the Spirit of Good. - </p> - <p> - All wrongs are not crimes. Indeed only those wrongs are crimes in which - certain technical elements are present. The law provides a Procrustean - standard for all crimes. Thus a wrong, to become criminal, must fit - exactly into the measure laid down by the law, else it is no crime; if it - varies never so little from the legal measure, the law must, and will, - refuse to regard it as criminal, no matter how injurious a wrong it may - be. There is no measure of morality, or equity, or common right that can - be applied to the individual case. The gauge of the law is iron-bound. The - wrong measured by this gauge is either a crime or it is not. There is no - middle ground. - </p> - <p> - Hence is it, that if one knows well the technicalities of the law, one may - commit horrible wrongs that will yield all the gain and all the resulting - effect of the highest crimes, and yet the wrongs perpetrated will - constitute no one of the crimes described by the law. Thus the highest - crimes, even murder, may be committed in such manner that although the - criminal is known and the law holds him in custody, yet it cannot punish - him. So it happens that in this year of our Lord of the nineteenth - century, the skilful attorney marvels at the stupidity of the rogue who, - committing crimes by the ordinary methods, subjects himself to unnecessary - peril, when the result which he seeks can easily be attained by other - methods, equally expeditious and without danger of liability in any - criminal tribunal This is the field into which the author has ventured, - and he believes it to be new and full of interest. - </p> - <p> - In order to develop these legal problems the author appreciated the need - for a central figure. This central figure must of necessity be a lawyer of - shrewdness and ability. Here a grave difficulty presented itself. No - attorney, unless he were a superlative knave, could be presumed to suggest - the committing of wrongs entailing grievous injury upon innocent men. On - the other hand, no knave vicious enough to resort to such wrongs could be - presumed to have learning enough to plan them, else he would not be driven - to such straits. Hence the necessity for a character who should be without - moral sense and yet should possess all the requisite legal acumen. Such a - character is Randolph Mason, and while he may seem strange he is not - impossible. - </p> - <p> - That great shocks and dread maladies may lop off a limb of the human mind - and leave the other portions perfect, nay, may even wrench the human soul - into one narrow groove, is the common lesson of the clinic and the - mad-house. An intellect, keen, powerful, and yet devoid of any sense of - moral obligation, would be no passing wonder to the skilled physician; for - no one knows better than he that often in the house of the soul there are - great chambers locked and barred and whole passages sealed up in the dark. - Nor do men marvel that great minds concentrated on some mighty labor grow - utterly oblivious to human relations and see and care for naught save the - result which they are seeking. The chemist forgets that the diamond is - precious, and burns it; the surgeon forgets that his patient is living and - that the knife hurts as it cuts. Might not the great lawyer, striving - tirelessly with the problems of men, come at last to see only the problem, - with the people in it as pieces on a chess-board? - </p> - <p> - It may be objected that the writer has prepared here a text-book for the - shrewd knave. To this it is answered that, if he instructs the enemies, he - also warns the friends of law and order; and that Evil has never yet been - stronger because the sun shone on it. - </p> - <p> - It should not be forgotten that this book deals with the law as it is and - with no fanciful interpretation of it. The colors are woven into a gray - warp of ancient and well settled legal principles, obtaining with full - virtue in almost every state. The formula for every wrong in this book is - as practical as the plan of an architect and may be played out by any - skilful villain. Nor should it be presumed that the instances dealt with - are exhaustive. The writer has presented but a few of the simpler and more - conspicuous; there is, in truth, many another. Indeed the wonder grows - upon him that the thief should stay up at night to steal. - </p> - <p> - Wheeling, W. Va., June 1, 1896. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0003" id="link2H_4_0003"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - I—THE CORPUS DELICTI - </h2> - <p> - <i>[See Lord Hale's Rule, Russell on Crimes. For the law in New York see - 18th N. Y. Reports, 179; also N. Y. Reports, 49* page 137. The doctrine - there laid down obtains in almost every State, with the possible exception - of a few Western States, where the decisions are muddy.]</i> - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0004" id="link2H_4_0004"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - I. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>HAT man Mason," - said Samuel Walcott, "is the mysterious member of this club. - </p> - <p> - He is more than that; he is the mysterious man of New York." - </p> - <p> - "I was much surprised to see him," answered his companion, Marshall St. - Clair, of the great law firm of Seward, St. Clair, & De Muth. "I had - lost track of him since he went to Paris as counsel for the American - stockholders of the Canal Company. When did he come back to the States?" - </p> - <p> - "He turned up suddenly in his ancient haunts about four months ago," said - Walcott, "as grand, gloomy, and peculiar as Napoleon ever was in his - palmiest days. The younger members of the club call him 'Zanona - Redivivus'. He wanders through the house usually late at night, apparently - without noticing anything or anybody. His mind seems to be deeply and - busily at work, leaving his bodily self to wander as it may happen. - Naturally, strange stories are told of him; indeed, his individuality and - his habit of doing some unexpected thing, and doing it in such a - marvellously original manner that men who are experts at it look on in - wonder, cannot fail to make him an object of interest. He has never been - known to play at any game whatever, and yet one night he sat down to the - chess table with old Admiral Du Brey. You know the Admiral is the great - champion since he beat the French and English officers in the tournament - last winter. Well, you also know that the conventional openings at chess - are scientifically and accurately determined. To the utter disgust of Du - Brey, Mason opened the game with an unheard of attack from the extremes of - the board. The old Admiral stopped and, in a kindly patronizing way, - pointed out the weak and absurd folly of his move and asked him to begin - again with some one of the safe openings. Mason smiled and answered that - if one had a head that he could trust he should use it; if not, then it - was the part of wisdom to follow blindly the dead forms of some man who - had a head. Du Brey was naturally angry and set himself to demolish Mason - as quickly as possible. The game was rapid for a few moments. Mason lost - piece after piece. His opening was broken and destroyed and its utter - folly apparent to the lookers-on. The Admiral smiled and the game seemed - all one-sided, when, suddenly, to his utter horror, Du Brey found that his - king was in a trap. The foolish opening had been only a piece of shrewd - strategy. The old Admiral fought and cursed and sacrificed his pieces, but - it was of no use. He was gone. Mason checkmated him in two moves and arose - wearily. - </p> - <p> - "'Where in Heaven's name, man,' said the old Admiral, thunderstruck, 'did - you learn that masterpiece?' - </p> - <p> - "'Just here,' replied Mason. 'To play chess, one should know his opponent. - How could the dead masters lay down rules by which you could be beaten, - sir? They had never seen you'; and thereupon he turned and left the room. - Of course, St. Clair, such a strange man would soon become an object of - all kinds of mysterious rumors. Some are true and some are not. At any - rate, I know that Mason is an unusual man with a gigantic intellect. Of - late he seems to have taken a strange fancy to me. In fact, I seem to be - the only member of the club that he will talk with, and I confess that he - startles and fascinates me. He is an original genius, St. Clair, of an - unusual order." - </p> - <p> - "I recall vividly," said the younger man, "that before Mason went to Paris - he was considered one of the greatest lawyers of this city and he was - feared and hated by the bar at large. He came here, I believe, from - Virginia and began with the high-grade criminal practice. He soon became - famous for his powerful and ingenious defences. He found holes in the law - through which his clients escaped, holes that by the profession at large - were not suspected to exist, and that frequently astonished the judges. - His ability caught the attention of the great corporations. They tested - him and found in him learning and unlimited resources. He pointed out - methods by which they could evade obnoxious statutes, by which they could - comply with the apparent letter of the law and yet violate its spirit, and - advised them well in that most important of all things, just how far they - could bend the law without breaking it. At the time he left for Paris he - had a vast clientage and was in the midst of a brilliant career. The day - he took passage from New York, the bar lost sight of him. No matter how - great a man may be, the wave soon closes over him in a city like this. In - a few years Mason was forgotten. Now only the older practitioners would - recall him, and they would do so with hatred and bitterness. He was a - tireless, savage, uncompromising fighter, always a recluse." - </p> - <p> - "Well," said Walcott, "he reminds me of a great world-weary cynic, - transplanted from some ancient mysterious empire. When I come into the - man's presence I feel instinctively the grip of his intellect. I tell you, - St. Clair, Randolph Mason is the mysterious man of New York." - </p> - <p> - At this moment a messenger boy came into the room and handed Mr. Walcott a - telegram. "St. Clair," said that gentleman, rising, "the directors of the - Elevated are in session, and we must hurry." - </p> - <p> - The two men put on their coats and left the house. - </p> - <p> - Samuel Walcott was not a club man after the manner of the Smart Set, and - yet he was in fact a club man. He was a bachelor in the latter thirties, - and resided in a great silent house on the avenue. On the street he was a - man of substance, shrewd and progressive, backed by great wealth. He had - various corporate interests in the larger syndicates, but the basis and - foundation of his fortune was real estate. His houses on the avenue were - the best possible property, and his elevator row in the importers' quarter - was indeed a literal gold mine. It was known that, many years before, his - grandfather had died and left him the property, which, at that time, was - of no great value. Young Walcott had gone out into the gold-fields and had - been lost sight of and forgotten. Ten years afterward he had turned up - suddenly in New York and taken possession of his property, then vastly - increased in value. His speculations were almost phenomenally successful, - and, backed by the now enormous value of his real property, he was soon on - a level with the merchant princes. His judgment was considered sound, and - he had the full confidence of his business associates for safety and - caution. Fortune heaped up riches around him with a lavish hand. He was - unmarried and the halo of his wealth caught the keen eye of the matron - with marriageable daughters. He was invited out, caught by the whirl of - society, and tossed into its maelstrom. In a measure he reciprocated. He - kept horses and a yacht. His dinners at Delmonico's and the club were - above reproach. But with all he was a silent man with a shadow deep in his - eyes, and seemed to court the society of his fellows, not because he loved - them, but because he either hated or feared solitude. For years the - strategy of the match-maker had gone gracefully afield, but Fate is - relentless. If she shields the victim from the traps of men, it is not - because she wishes him to escape, but because she is pleased to reserve - him for her own trap. So it happened that, when Virginia St. Clair - assisted Mrs. Miriam Steuvisant at her midwinter reception, this same - Samuel Walcott fell deeply and hopelessly and utterly in love, and it was - so apparent to the beaten generals present, that Mrs. Miriam Steuvisant - applauded herself, so to speak, with encore after encore. It was good to - see this courteous, silent man literally at the feet of the young - debutante. He was there of right. Even the mothers of marriageable - daughters admitted that. The young girl was brown-haired, brown-eyed, and - tall enough, said the experts, and of the blue blood royal, with all the - grace, courtesy, and inbred genius of such princely heritage. - </p> - <p> - Perhaps it was objected by the censors of the Smart Set that Miss St. - Clair's frankness and honesty were a trifle old-fashioned, and that she - was a shadowy bit of a Puritan; and perhaps it was of these same qualities - that Samuel Walcott received his hurt. At any rate the hurt was there and - deep, and the new actor stepped up into the old time-worn, semi-tragic - drama, and began his rôle with a tireless, utter sincerity that was deadly - dangerous if he lost. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0005" id="link2H_4_0005"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - II - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">P</span>erhaps a week - after the conversation between St. Clair and Walcott, Randolph Mason stood - in the private writing-room of the club with his hands behind his back. - </p> - <p> - He was a man apparently in the middle forties; tall and reasonably broad - across the shoulders; muscular without being either stout or lean. His - hair was thin and of a brown color, with erratic streaks of gray. His - forehead was broad and high and of a faint reddish color. His eyes were - restless inky black, and not over-large. The nose was big and muscular and - bowed. The eyebrows were black and heavy, almost bushy. There were heavy - furrows, running from the nose downward and outward to the corners of the - mouth. The mouth was straight and the jaw was heavy, and square. - </p> - <p> - Looking at the face of Randolph Mason from above, the expression in repose - was crafty and cynical; viewed from below upward, it was savage and - vindictive, almost brutal; while from the front, if looked squarely in the - face, the stranger was fascinated by the animation of the man and at once - concluded that his expression was fearless and sneering. He was evidently - of Southern extraction and a man of unusual power. - </p> - <p> - A fire smouldered on the hearth. It was a crisp evening in the early fall, - and with that far-off touch of melancholy which ever heralds the coming - winter, even in the midst of a city. The man's face looked tired and ugly. - His long white hands were clasped tight together. His entire figure and - face wore every mark of weakness and physical exhaustion; but his eyes - contradicted. They were red and restless. - </p> - <p> - In the private dining-room the dinner party was in the best of spirits. - Samuel Walcott was happy. Across the table from him was Miss Virginia St. - Clair, radiant, a tinge of color in her cheeks. On either side, Mrs. - Miriam Steuvisant and Marshall St. Clair were brilliant and light-hearted. - Walcott looked at the young girl and the measure of his worship was full. - He wondered for the thousandth time how she could possibly love him and by - what earthly miracle she had come to accept him, and how it would be - always to have her across the table from him, his own table in his own - house. - </p> - <p> - They were about to rise from the table when one of the waiters entered the - room and handed Walcott an envelope. He thrust it quickly into his pocket - In the confusion of rising the others did not notice him, but his face was - ash-white and his hands trembled violently as he placed the wraps around - the bewitching shoulders of Miss St. Clair. - </p> - <p> - "Marshall," he said, and despite the powerful effort his voice was hollow, - "you will see the ladies safely cared for, I am called to attend a grave - matter." - </p> - <p> - "All right, Walcott," answered the young man, with cheery good-nature, - "you are too serious, old man, trot along." - </p> - <p> - "The poor dear," murmured Mrs. Steuvisant, after Walcott had helped them - to the carriage and turned to go up the steps of the club,—"The poor - dear is hard hit, and men are such funny creatures when they are hard - hit." - </p> - <p> - Samuel Walcott, as his fate would, went direct to the private writing-room - and opened the door. The lights were not turned on and in the dark he did - not see Mason motionless by the mantel-shelf. He went quickly across the - room to the writing-table, turned on one of the lights, and, taking the - envelope from his pocket, tore it open. Then he bent down by the light to - read the contents. As his eyes ran over the paper, his jaw fell. The skin - drew away from his cheek-bones and his face seemed literally to sink in. - His knees gave way under him and he would have gone down in a heap had it - not been for Mason's long arms that closed around him and held him up. The - human economy is ever mysterious. The moment the new danger threatened, - the latent power of the man as an animal, hidden away in the centres of - intelligence, asserted itself. His hand clutched the paper and, with a - half slide, he turned in Mason's arms. For a moment he stared up at the - ugly man whose thin arms felt like wire ropes. - </p> - <p> - "You are under the dead-fall, aye," said Mason. "The cunning of my enemy - is sublime." - </p> - <p> - "Your enemy?" gasped Walcott. "When did you come into it? How in God's - name did you know it? How your enemy?" - </p> - <p> - Mason looked down at the wide bulging eyes of the man. - </p> - <p> - "Who should know better than I?" he said. "Haven't I broken through all - the traps and plots that she could set?" - </p> - <p> - "She? She trap you?" The man's voice was full of horror. - </p> - <p> - "The old schemer," muttered Mason. "The cowardly old schemer, to strike in - the back; but we can beat her. She did not count on my helping you—I, - who know her so well." - </p> - <p> - Mason's face was red, and his eyes burned. In the midst of it all he - dropped his hands and went over to the fire. Samuel Walcott arose, - panting, and stood looking at Mason, with his hands behind him on the - table. The naturally strong nature and the rigid school in which the man - had been trained presently began to tell. His composure in part returned - and he thought rapidly. What did this strange man know? Was he simply - making shrewd guesses, or had he some mysterious knowledge of this matter? - Walcott could not know that Mason meant only Fate, that he believed her to - be his great enemy. Walcott had never before doubted his own ability to - meet any emergency. This mighty jerk had carried him off his feet. He was - unstrung and panic-stricken. At any rate this man had promised help. He - would take it. He put the paper and envelope carefully into his pocket, - smoothed out his rumpled coat, and going over to Mason touched him on the - shoulder. - </p> - <p> - "Come," he said, "if you are to help me we must go." - </p> - <p> - The man turned and followed him without a word. In the hall Mason put on - his hat and overcoat, and the two went out into the street. Walcott hailed - a cab, and the two were driven to his house on the avenue. Walcott took - out his latch-key, opened the door, and led the way into the library. He - turned on the light and motioned Mason to seat himself at the table. Then - he went into another room and presently returned with a bundle of papers - and a decanter of brandy. He poured out a glass of the liquor and offered - it to Mason. The man shook his head. Walcott poured the contents of the - glass down his own throat. Then he set the decanter down and drew up a - chair on the side of the table opposite Mason. - </p> - <p> - "Sir," said Walcott, in a voice deliberate, indeed, but as hollow as a - sepulchre, "I am done for. God has finally gathered up the ends of the - net, and it is knotted tight." - </p> - <p> - "Am I not here to help you?" said Mason, turning savagely. "I can beat - Fate. Give me the details of her trap." - </p> - <p> - He bent forward and rested his arms on the table. His streaked gray hair - was rumpled and on end, and his face was ugly. For a moment Walcott did - not answer. He moved a little into the shadow; then he spread the bundle - of old yellow papers out before him. - </p> - <p> - "To begin with," he said, "I am a living lie, a gilded crime-made sham, - every bit of me. There is not an honest piece anywhere. It is all lie. I - am a liar and a thief before men. The property which I possess is not - mine, but stolen from a dead man. The very name which I bear is not my - own, but is the bastard child of a crime. I am more than all that—I - am a murderer; a murderer before the law; a murderer before God; and worse - than a murderer before the pure woman whom I love more than anything that - God could make." - </p> - <p> - He paused for a moment and wiped the perspiration from his face. - </p> - <p> - "Sir," said Mason, "this is all drivel, infantile drivel. What you are is - of no importance. How to get out is the problem, how to get out." - </p> - <p> - Samuel Walcott leaned forward, poured out a glass of brandy and swallowed - it. - </p> - <p> - "Well," he said, speaking slowly, "my right name is Richard Warren. In the - spring of 1879 I came to New York and fell in with the real Samuel - Walcott, a young man with a little money and some property which his - grandfather had left him. We became friends, and concluded to go to the - far west together. Accordingly we scraped together what money we could lay - our hands on, and landed in the gold-mining regions of California. We were - young and inexperienced, and our money went rapidly. One April morning we - drifted into a little shack camp, away up in the Sierra Nevadas, called - Hell's Elbow. Here we struggled and starved for perhaps a year. Finally, - in utter desperation, Walcott married the daughter of a Mexican gambler, - who ran an eating-house and a poker joint. With them we lived from hand to - mouth in a wild God-forsaken way for several years. After a time the woman - began to take a strange fancy to me. Walcott finally noticed it, and grew - jealous. - </p> - <p> - "One night, in a drunken brawl, we quarrelled, and I killed him. It was - late at night, and, beside the woman, there were four of us in the poker - room,—the Mexican gambler, a half-breed devil called Cherubim Pete, - Walcott, and myself. When Walcott fell, the half-breed whipped out his - weapon, and fired at me across the table; but the woman, Nina San Croix, - struck his arm, and, instead of killing me, as he intended, the bullet - mortally wounded her father, the Mexican gambler. I shot the half-breed - through the forehead, and turned round, expecting the woman to attack me. - On the contrary, she pointed to the window, and bade me wait for her on - the cross-trail below. - </p> - <p> - "It was fully three hours later before the woman joined me at the place - indicated. She had a bag of gold dust, a few jewels that belonged to her - father, and a package of papers. I asked her why she had stayed behind so - long, and she replied that the men were not killed outright, and that she - had brought a priest to them and waited until they had died. This was the - truth, but not all the truth. Moved by superstition or foresight, the - woman had induced the priest to take down the sworn statements of the two - dying men, seal it, and give it to her. This paper she brought with her. - All this I learned afterwards. At the time I knew nothing of this damning - evidence. - </p> - <p> - "We struck out together for the Pacific coast. The country was lawless. - The privations we endured were almost past belief. At times the woman - exhibited cunning and ability that were almost genius; and through it all, - often in the very fingers of death, her devotion to me never wavered. It - was dog-like, and seemed to be her only object on earth. When we reached - San Francisco, the woman put these papers into my hands." Walcott took up - the yellow package, and pushed it across the table to Mason. - </p> - <p> - "She proposed that I assume Walcott's name, and that we come boldly to New - York and claim the property. I examined the papers, found a copy of the - will by which Walcott inherited the property, a bundle of correspondence, - and sufficient documentary evidence to establish his identity beyond the - shadow of a doubt. Desperate gambler as I now was, I quailed before the - daring plan of Nina San Croix. I urged that I, Richard Warren, would be - known, that the attempted fraud would be detected and would result in - investigation, and perhaps unearth the whole horrible matter. - </p> - <p> - "The woman pointed out how much I resembled Walcott, what vast changes ten - years of such life as we had led would naturally be expected to make in - men, how utterly impossible it would be to trace back the fraud to - Walcott's murder at Hell's Elbow, in the wild passes of the Sierra - Nevadas. She bade me remember that we were both outcasts, both - crime-branded, both enemies of man's law and God's; that we had nothing to - lose; we were both sunk to the bottom. Then she laughed, and said that she - had not found me a coward until now, but that if I had turned - chicken-hearted, that was the end of it, of course. The result was, we - sold the gold dust and jewels in San Francisco, took on such evidences of - civilization as possible, and purchased passage to New York on the best - steamer we could find. - </p> - <p> - "I was growing to depend on the bold gambler spirit of this woman, Nina - San Croix; I felt the need of her strong, profligate nature. She was of a - queer breed and a queerer school. Her mother was the daughter of a Spanish - engineer, and had been stolen by the Mexican, her father. She herself had - been raised and educated as best might be in one of the monasteries along - the Rio Grande, and had there grown to womanhood before her father, - fleeing into the mountains of California, carried her with him. - </p> - <p> - "When we landed in New York I offered to announce her as my wife, but she - refused, saying that her presence would excite comment and perhaps attract - the attention of Walcott's relatives. We therefore arranged that I should - go alone into the city, claim the property, and announce myself as Samuel - Walcott, and that she should remain under cover until such time as we - would feel the ground safe under us. - </p> - <p> - "Every detail of the plan was fatally successful. I established my - identity without difficulty and secured the property. It had increased - vastly in value, and I, as Samuel Walcott, soon found myself a rich man. I - went to Nina San Croix in hiding and gave her a large sum of money, with - which she purchased a residence in a retired part of the city, far up in - the northern suburb. Here she lived secluded and unknown while I remained - in the city, living here as a wealthy bachelor. - </p> - <p> - "I did not attempt to abandon the woman, but went to her from time to time - in disguise and under cover of the greatest secrecy. For a time everything - ran smooth, the woman was still devoted to me above everything else, and - thought always of my welfare first and seemed content to wait so long as I - thought best. My business expanded. I was sought after and consulted and - drawn into the higher life of New York, and more and more felt that the - woman was an albatross on my neck. I put her off with one excuse after - another. Finally she began to suspect me and demanded that I should - recognize her as my wife. I attempted to point out the difficulties. She - met them all by saying that we should both go to Spain, there I could - marry her and we could return to America and drop into my place in society - without causing more than a passing comment. - </p> - <p> - "I concluded to meet the matter squarely once for all. I said that I would - convert half of the property into money and give it to her, but that I - would not marry her. She did not fly into a storming rage as I had - expected, but went quietly out of the room and presently returned with two - papers, which she read. One was the certificate of her marriage to Walcott - duly authenticated; the other was the dying statement of her father, the - Mexican gambler, and of Samuel Walcott, charging me with murder. It was in - proper form and certified by the Jesuit priest. - </p> - <p> - "Now," she said, sweetly, when she had finished, 'which do you prefer, to - recognize your wife, or to turn all the property over to Samuel Walcott's - widow and hang for his murder?' - </p> - <p> - "I was dumbfounded and horrified. I saw the trap that I was in and I - consented to do anything she should say if she would only destroy the - papers. This she refused to do. I pleaded with her and implored her to - destroy them. Finally she gave them to me with a great show of returning - confidence, and I tore them into bits and threw them into the fire. - </p> - <p> - "That was three months ago. We arranged to go to Spain and do as she said. - She was to sail this morning and I was to follow. Of course I never - intended to go. I congratulated myself on the fact that all trace of - evidence against me was destroyed and that her grip was now broken. My - plan was to induce her to sail, believing that I would follow. When she - was gone I would marry Miss St. Clair, and if Nina San Croix should return - I would defy her and lock her up as a lunatic. But I was reckoning like an - infernal ass, to imagine for a moment that I could thus hoodwink such a - woman as Nina San Croix. - </p> - <p> - "To-night I received this." Walcott took the envelope from his pocket and - gave it to Mason. "You saw the effect of it; read it and you will - understand why. I felt the death hand when I saw her writing on the - envelope." - </p> - <p> - Mason took the paper from the envelope. It was written in Spanish, and - ran: - </p> - <p> - "Greeting to Richard Warren. - </p> - <p> - "The great Senor does his little Nina injustice to think she would go away - to Spain and leave him to the beautiful American. She is not so - thoughtless. Before she goes, she shall be, Oh so very rich! and the dear - Senor shall be, Oh so very safe! The Archbishop and the kind Church hate - murderers. - </p> - <p> - "Nina San Croix. - </p> - <p> - "Of course, fool, the papers you destroyed were copies. - </p> - <p> - "N. San C." - </p> - <p> - To this was pinned a line in a delicate aristocratic hand, saying that the - Archbishop would willingly listen to Madam San Croix's statement if she - would come to him on Friday morning at eleven. - </p> - <p> - "You see," said Walcott, desperately, "there is no possible way out. I - know the woman—when she decides to do a thing that is the end of it. - She has decided to do this." - </p> - <p> - Mason turned around from the table, stretched out his long legs, and - thrust his hands deep into his pockets. Walcott sat with his head down, - watching Mason hopelessly, almost indifferently, his face blank and - sunken. The ticking of the bronze clock on the mantel-shelf was loud, - painfully loud. Suddenly Mason drew his knees in and bent over, put both - his bony hands on the table, and looked at Walcott. - </p> - <p> - "Sir," he said, "this matter is in such shape that there is only one thing - to do. This growth must be cut out at the roots, and cut out quickly. This - is the first fact to be determined, and a fool would know it. The second - fact is that you must do it yourself. Hired killers are like the grave and - the daughters of the horse-leech,—they cry always, 'Give, Give,' - They are only palliatives, not cures. By using them you swap perils. You - simply take a stay of execution at best. The common criminal would know - this. These are the facts of your problem. The master plotters of crime - would see here but two difficulties to meet: - </p> - <p> - "A practical method for accomplishing the body of the crime. - </p> - <p> - "A cover for the criminal agent. - </p> - <p> - "They would see no farther, and attempt to guard no farther. After they - had provided a plan for the killing, and a means by which the killer could - cover his trail and escape from the theatre of the homicide, they would - believe all the requirements of the problems met, and would stop. The - greatest, the very giants among them, have stopped here and have been in - great error. - </p> - <p> - "In every crime, especially in the great ones, there exists a third - element, pre-eminently vital. This third element the master plotters have - either overlooked or else have not had the genius to construct. They plan - with rare cunning to baffle the victim. They plan with vast wisdom, almost - genius, to baffle the trailer. But they fail utterly to provide any plan - for baffling the punisher. Ergo, their plots are fatally defective and - often result in ruin. Hence the vital necessity for providing the third - element—the <i>escape ipso jure</i>." - </p> - <p> - Mason arose, walked around the table, and put his hand firmly on Samuel - Walcott's shoulder. "This must be done to-morrow night," he continued; - "you must arrange your business matters to-morrow and announce that you - are going on a yacht cruise, by order of your physician, and may not - return for some weeks. You must prepare your yacht for a voyage, instruct - your men to touch at a certain point on Staten Island, and wait until six - o'clock day after to-morrow morning. If you do not come aboard by that - time, they are to go to one of the South American ports and remain until - further orders. By this means your absence for an indefinite period will - be explained. You will go to Nina San Croix in the disguise which you have - always used, and from her to the yacht, and by this means step out of your - real status and back into it without leaving traces. I will come here - to-morrow evening and furnish you with everything that you shall need and - give you full and exact instructions in every particular. These details - you must execute with the greatest care, as they will be vitally essential - to the success of my plan." - </p> - <p> - Through it all Walcott had been silent and motionless. Now he arose, and - in his face there must have been some premonition of protest, for Mason - stepped back and put out his hand. "Sir," he said, with brutal emphasis, - "not a word. Remember that you are only the hand, and the hand does not - think." Then he turned around abruptly and went out of the house. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0006" id="link2H_4_0006"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - III. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he place which - Samuel Walcott had selected for the residence of Nina San Croix was far up - in the northern suburb of New York. The place was very old. The lawn was - large and ill-kept; the house, a square old-fashioned brick, was set far - back from the street, and partly hidden by trees. Around it all was a - rusty iron fence. The place had the air of genteel ruin, such as one finds - in the Virginias. - </p> - <p> - On a Thursday of November, about three o'clock in the afternoon, a little - man, driving a dray, stopped in the alley at the rear of the house. As he - opened the back gate an old negro woman came down the steps from the - kitchen and demanded to know what he wanted. The drayman asked if the lady - of the house was in. The old negro answered that she was asleep at this - hour and could not be seen. - </p> - <p> - "That is good," said the little man, "now there won't be any row. I - brought up some cases of wine which she ordered from our house last week - and which the Boss told me to deliver at once, but I forgot it until - to-day. Just let me put it in the cellar now, Auntie, and don't say a word - to the lady about it and she won't ever know that it was not brought up on - time." - </p> - <p> - The drayman stopped, fished a silver dollar out of his pocket, and gave it - to the old negro. "There now, Auntie," he said, "my job depends upon the - lady not knowing about this wine; keep it mum." - </p> - <p> - "Dat's all right, honey," said the old servant, beaming like a May - morning. "De cellar door is open, carry it all in and put it in de back - part and nobody aint never going to know how long it has been in 'dar." - </p> - <p> - The old negro went back into the kitchen and the little man began to - unload the dray. He carried in five wine cases and stowed them away in the - back part of the cellar as the old woman had directed. Then, after having - satisfied himself that no one was watching, he took from the dray two - heavy paper sacks, presumably filled with flour, and a little bundle - wrapped in an old newspaper; these he carefully hid behind the wine cases - in the cellar. After a while he closed the door, climbed on his dray, and - drove off down the alley. - </p> - <p> - About eight o'clock in the evening of the same day, a Mexican sailor - dodged in the front gate and slipped down to the side of the house. He - stopped by the window and tapped on it with his finger. In a moment a - woman opened the door. She was tall, lithe, and splendidly proportioned, - with a dark Spanish face and straight hair. The man stepped inside. The - woman bolted the door and turned round. - </p> - <p> - "Ah," she said, smiling, "it is you, Senor? How good of you." - </p> - <p> - The man started. "Whom else did you expect?" he said quickly. - </p> - <p> - "Oh!" laughed the woman, "perhaps the Archbishop." - </p> - <p> - "Nina!" said the man, in a broken voice that expressed love, humility, and - reproach. His face was white under the black sunburn. - </p> - <p> - For a moment the woman wavered. A shadow flitted over her eyes, then she - stepped back. "No," she said, "not yet." - </p> - <p> - The man walked across to the fire, sank down in a chair, and covered his - face with his hands. The woman stepped up noiselessly behind him and - leaned over the chair. The man was either in great agony or else he was a - superb actor, for the muscles of his neck twitched violently and his - shoulders trembled. - </p> - <p> - "Oh," he muttered, as though echoing his thoughts, "I can't do it, I - can't!" - </p> - <p> - The woman caught the words and leaped up as though some one had struck her - in the face. She threw back her head. Her nostrils dilated and her eyes - flashed. - </p> - <p> - "You can't do it!" she cried. "Then you do love her! You shall do it! Do - you hear me? You shall do it! You killed him! You got rid of him! but you - shall not get rid of me. I have the evidence, all of it. The Archbishop - will have it to-morrow. They shall hang you! Do you hear me? They shall - hang you!" - </p> - <p> - The woman's voice rose, it was loud and shrill. The man turned slowly - round without looking up, and stretched out his arms toward the woman. She - stopped and looked down at him. The fire glittered for a moment and then - died out of her eyes, her bosom heaved and her lips began to tremble. With - a cry she flung herself into his arms, caught him around the neck, and - pressed his face up close against her cheek. - </p> - <p> - "Oh! Dick, Dick," she sobbed, "I do love you so! I can't live without you! - Not another hour Dick! I do want you so much, so much, Dick!" The man - shifted his right arm quickly, slipped a great Mexican knife out of his - sleeve, and passed his fingers slowly up the woman's side until he felt - the heart beat under his hand, then he raised the knife, gripped the - handle tight, and drove the keen blade into the woman's bosom. The hot - blood gushed out over his arm, and down on his leg. The body, warm and - limp, slipped down in his arms. The man got up, pulled out the knife, and - thrust it into a sheath at his belt, unbuttoned the dress, and slipped it - off of the body. As he did this a bundle of papers dropped upon the floor; - these he glanced at hastily and put into his pocket. Then he took the dead - woman up in his arms, went out into the hall, and started to go up the - stairway. The body was relaxed and heavy, and for that reason difficult to - carry. He doubled it up into an awful heap, with the knees against the - chin, and walked slowly and heavily up the stairs and out into the - bath-room. There he laid the corpse down on the tiled floor. Then he - opened the window, closed the shutters, and lighted the gas. The bath-room - was small and contained an ordinary steel tub, porcelain-lined, standing - near the window and raised about six inches above the floor. The sailor - went over to the tub, pried up the metal rim of the outlet with his knife, - removed it, and fitted into its place a porcelain disk which he took from - his pocket; to this disk was attached a long platinum wire, the end of - which he fastened on the outside of the tub. After he had done this he - went back to the body, stripped off its clothing, put it down in the tub - and began to dismember it with the great Mexican knife. The blade was - strong and sharp as a razor. The man worked rapidly and with the greatest - care. - </p> - <p> - When he had finally cut the body into as small pieces as possible, he - replaced the knife in its sheath, washed his hands, and went out of the - bath-room and down stairs to the lower hall. The sailor seemed perfectly - familiar with the house. By a side door he passed into the cellar. There - he lighted the gas, opened one of the wine cases, and, taking up all the - bottles that he could conveniently carry, returned to the bath-room. There - he poured the contents into the tub on the dismembered body, and then - returned to the cellar with the empty bottles, which he replaced in the - wine cases. This he continued to do until all the cases but one were - emptied and the bath tub was more than half full of liquid. This liquid - was sulphuric acid. - </p> - <p> - When the sailor returned to the cellar with the last empty wine bottles, - he opened the fifth case, which really contained wine, took some of it - out, and poured a little into each of the empty bottles in order to remove - any possible odor of the sulphuric acid. Then he turned out the gas and - brought up to the bath-room with him the two paper flour sacks and the - little heavy bundle. These sacks were filled with nitrate of soda. He set - them down by the door, opened the little bundle, and took out two long - rubber tubes, each attached to a heavy gas burner, not unlike the ordinary - burners of a small gas-stove. He fastened the tubes to two of the gas - jets, put the burners under the tub, turned the gas on full, and lighted - it. Then he threw into the tub the woman's clothing and the papers which - he had found on her body, after which he took up the two heavy sacks of - nitrate of soda and dropped them carefully into the sulphuric acid. When - he had done this he went quickly out of the bath-room and closed the door. - </p> - <p> - The deadly acids at once attacked the body and began to destroy it; as the - heat increased, the acids boiled and the destructive process was rapid and - awful. From time to time the sailor opened the door of the bath-room - cautiously, and, holding a wet towel over his mouth and nose, looked in at - his horrible work. At the end of a few hours there was only a swimming - mass in the tub. When the man looked at four o'clock, it was all a thick - murky liquid. He turned off the gas quickly and stepped back out of the - room. For perhaps half an hour he waited in the hall; finally, when the - acids had cooled so that they no longer gave off fumes, he opened the door - and went in, took hold of the platinum wire and, pulling the porcelain - disk from the stop-cock, allowed the awful contents of the tub to run out. - Then he turned on the hot water, rinsed the tub clean, and replaced the - metal outlet. Removing the rubber tubes, he cut them into pieces, broke - the porcelain disk, and, rolling up the platinum wire, washed it all down - the sewer pipe. - </p> - <p> - The fumes had escaped through the open window; this he now closed and set - himself to putting the bath-room in order, and effectually removing every - trace of his night's work. The sailor moved around with the very greatest - degree of care. Finally, when he had arranged everything to his complete - satisfaction, he picked up the two burners, turned out the gas, and left - the bath-room, closing the door after him. From the bath-room he went - directly to the attic, concealed the two rusty burners under a heap of - rubbish, and then walked carefully and noiselessly down the stairs and - through the lower hall. As he opened the door and stepped into the room - where he had killed the woman, two police-officers sprang out and seized - him. The man screamed like a wild beast taken in a trap and sank down. - </p> - <p> - "Oh! oh!" he cried, "it was no use! it was no use to do it!" Then he - recovered himself in a manner and was silent. The officers handcuffed him, - summoned the patrol, and took him at once to the station-house. There he - said he was a Mexican sailor and that his name was Victor Ancona; but he - would say nothing further. The following morning he sent for Randolph - Mason and the two were long together. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0007" id="link2H_4_0007"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - IV. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he obscure - defendant charged with murder has little reason to complain of the law's - delays. The morning following the arrest of Victor Ancona, the newspapers - published long sensational articles, denounced him as a fiend, and - convicted him. The grand jury, as it happened, was in session. The - preliminaries were soon arranged and the case was railroaded into trial. - The indictment contained a great many counts, and charged the prisoner - with the murder of Nina San Croix by striking, stabbing, choking, - poisoning, and so forth. - </p> - <p> - The trial had continued for three days and had appeared so overwhelmingly - one-sided that the spectators who were crowded in the court-room had grown - to be violent and bitter partisans, to such an extent that the police - watched them closely. The attorneys for the People were dramatic and - denunciatory, and forced their case with arrogant confidence. Mason, as - counsel for the prisoner, was indifferent and listless. Throughout the - entire trial he had sat almost motionless at the table, his gaunt form - bent over, his long legs drawn up under his chair, and his weary, - heavy-muscled face, with its restless eyes, fixed and staring out over the - heads of the jury, was like a tragic mask. The bar, and even the judge, - believed that the prisoner's counsel had abandoned his case. - </p> - <p> - The evidence was all in and the People rested. It had been shown that Nina - San Croix had resided for many years in the house in which the prisoner - was arrested; that she had lived by herself, with no other companion than - an old negro servant; that her past was unknown, and that she received no - visitors, save the Mexican sailor, who came to her house at long - intervals. Nothing whatever was shown tending to explain who the prisoner - was or whence he had come. It was shown that on Tuesday preceding the - killing the Archbishop had received a communication from Nina San Croix, - in which she said she desired to make a statement of the greatest import, - and asking for an audience. To this the Archbishop replied that he would - willingly grant her a hearing if she would come to him at eleven o'clock - on Friday morning. Two policemen testified that about eight o'clock on the - night of Thursday they had noticed the prisoner slip into the gate of Nina - San Croix's residence and go down to the side of the house, where he was - admitted; that his appearance and seeming haste had attracted their - attention; that they had concluded that it was some clandestine amour, and - out of curiosity had both slipped down to the house and endeavored to find - a position from which they could see into the room, but were unable to do - so, and were about to go back to the street when they heard a woman's - voice cry out in great anger: "I know that you love her and that you want - to get rid of me, but you shall not do it! You murdered him, but you shall - not murder me! I have all the evidence to convict you of murdering him! - The Archbishop will have it to-morrow! They shall hang you! Do you hear - me? They shall hang you for his murder!" that thereupon one of the - policemen proposed that they should break into the house and see what was - wrong, but the other had urged that it was only the usual lovers' quarrel - and if they should interfere they would find nothing upon which a charge - could be based and would only be laughed at by the chief; that they had - waited and listened for a time, but hearing nothing further had gone back - to the street and contented themselves with keeping a strict watch on the - house. - </p> - <p> - The People proved further, that on Thursday evening Nina San Croix had - given the old negro domestic a sum of money and dismissed her, with the - instruction that she was not to return until sent for. The old woman - testified that she had gone directly to the house of her son, and later - had discovered that she had forgotten some articles of clothing which she - needed; that thereupon she had returned to the house and had gone up the - back way to her room,—this was about eight o'clock; that while there - she had heard Nina San Croix's voice in great passion and remembered that - she had used the words stated by the policemen; that these sudden, violent - cries had frightened her greatly and she had bolted the door and been - afraid to leave the room; shortly thereafter, she had heard heavy - footsteps ascending the stairs, slowly and with great difficulty, as - though some one were carrying a heavy burden; that therefore her fear had - increased and that she had put out the light and hidden under the bed. She - remembered hearing the footsteps moving about up-stairs for many hours, - how long she could not tell Finally, about half-past four in the morning, - she crept out, opened the door, slipped down stairs, and ran out into the - street. There she had found the policemen and requested them to search the - house. - </p> - <p> - The two officers had gone to the house with the woman. She had opened the - door and they had had just time to step back into the shadow when the - prisoner entered. When arrested, Victor Ancona had screamed with terror, - and cried out, "It was no use! it was no use to do it!" - </p> - <p> - The Chief of Police had come to the house and instituted a careful search. - In the room below, from which the cries had come, he found a dress which - was identified as belonging to Nina San Croix and which she was wearing - when last seen by the domestic, about six o'clock that evening. This dress - was covered with blood, and had a slit about two inches long in the left - side of the bosom, into which the Mexican knife, found on the prisoner, - fitted perfectly. These articles were introduced in evidence, and it was - shown that the slit would be exactly over the heart of the wearer, and - that such a wound would certainly result in death. There was much blood on - one of the chairs and on the floor. There was also blood on the prisoner's - coat and the leg of his trousers, and the heavy Mexican knife was also - bloody. The blood was shown by the experts to be human blood. - </p> - <p> - The body of the woman was not found, and the most rigid and tireless - search failed to develop the slightest trace of the corpse, or the manner - of its disposal. The body of the woman had disappeared as completely as - though it had vanished into the air. - </p> - <p> - When counsel announced that he had closed for the People, the judge turned - and looked gravely down at Mason. "Sir," he said, "the evidence for the - defence may now be introduced." - </p> - <p> - Randolph Mason arose slowly and faced the judge. - </p> - <p> - "If your Honor please," he said, speaking slowly and distinctly, "the - defendant has no evidence to offer." He paused while a murmur of - astonishment ran over the court-room. "But, if your Honor please," he - continued, "I move that the jury be directed to find the prisoner not - guilty." - </p> - <p> - The crowd stirred. The counsel for the People smiled. The judge looked - sharply at the speaker over his glasses. "On what ground?" he said curtly. - </p> - <p> - "On the ground," replied Mason, "that the <i>corpus delicti</i> has not - been proven." - </p> - <p> - "Ah!" said the judge, for once losing his judicial gravity. - </p> - <p> - Mason sat down abruptly. The senior counsel for the prosecution was on his - feet in a moment. - </p> - <p> - "What!" he said, "the gentleman bases his motion on a failure to establish - the <i>corpus delicti?</i> Does he jest, or has he forgotten the evidence? - The term '<i>corpus delicti</i>' is technical, and means the body of the - crime, or the substantial fact that a crime has been committed. Does any - one doubt it in this case? It is true that no one actually saw the - prisoner kill the decedent, and that he has so sucessfully hidden the body - that it has not been found, but the powerful chain of circumstances, clear - and close-linked, proving motive, the criminal agency, and the criminal - act, is overwhelming. - </p> - <p> - "The victim in this case is on the eve of making a statement that would - prove fatal to the prisoner. The night before the statement is to be made - he goes to her residence. They quarrel. Her voice is heard, raised high in - the greatest passion, denouncing him, and charging that he is a murderer, - that she has the evidence and will reveal it, that he shall be hanged, and - that he shall not be rid of her. Here is the motive for the crime, clear - as light. Are not the bloody knife, the bloody dress, the bloody clothes - of the prisoner, unimpeachable witnesses to the criminal act? The criminal - agency of the prisoner has not the shadow of a possibility to obscure it. - His motive is gigantic. The blood on him, and his despair when arrested, - cry 'Murder! murder!' with a thousand tongues. - </p> - <p> - "Men may lie, but circumstances cannot. The thousand hopes and fears and - passions of men may delude, or bias the witness. Yet it is beyond the - human mind to conceive that a clear, complete chain of concatenated - circumstances can be in error. Hence it is that the greatest jurists have - declared that such evidence, being rarely liable to delusion or fraud, is - safest and most powerful. The machinery of human justice cannot guard - against the remote and improbable doubt. The inference is persistent in - the affairs of men. It is the only means by which the human mind reaches - the truth. If you forbid the jury to exercise it, you bid them work after - first striking off their hands. Rule out the irresistible inference, and - the end of justice is come in this land; and you may as well leave the - spider to weave his web through the abandoned courtroom." - </p> - <p> - The attorney stopped, looked down at Mason with a pompous sneer, and - retired to his place at the table. The judge sat thoughtful and - motionless. The jurymen leaned forward in their seats. - </p> - <p> - "If your Honor please," said Mason, rising, "this is a matter of law, - plain, clear, and so well settled in the State of New York that even - counsel for the People should know it. The question before your Honor is - simple. If the <i>corpus delicti,</i> the body of the crime, has been - proven, as required by the laws of the commonwealth, then this case should - go to the jury. If not, then it is the duty of this Court to direct the - jury to find the prisoner not guilty. There is here no room for judicial - discretion. Your Honor has but to recall and apply the rigid rule - announced by our courts prescribing distinctly how the <i>corpus delicti</i> - in murder must be proven. - </p> - <p> - "The prisoner here stands charged with the highest crime. The law demands, - first, that the crime, as a fact, be established. The fact that the victim - is indeed dead must first be made certain before any one can be convicted - for her killing, because, so long as there remains the remotest doubt as - to the death, there can be no certainty as to the criminal agent, although - the circumstantial evidence indicating the guilt of the accused may be - positive, complete, and utterly irresistible. In murder, the <i>corpus - delicti</i>, or body of the crime, is composed of two elements: - </p> - <p> - "Death, as a result. - </p> - <p> - "The criminal agency of another as the means. - </p> - <p> - "It is the fixed and immutable law of this State, laid down in the leading - case of Ruloff v. The People, and binding upon this Court, that both - components of the <i>corpus delicti</i> shall not be established by - circumstantial evidence. There must be direct proof of one or the other of - these two component elements of the <i>corpus delicti</i>. If one is - proven by direct evidence, the other may be presumed; but both shall not - be presumed from circumstances, no matter how powerful, how cogent, or how - completely overwhelming the circumstances may be. In other words, no man - can be convicted of murder in the State of New York, unless the body of - the victim be found and identified, or there be direct proof that the - prisoner did some act adequate to produce death, and did it in such a - manner as to account for the disappearance of the body." - </p> - <p> - The face of the judge cleared and grew hard. The members of the bar were - attentive and alert; they were beginning to see the legal escape open up. - The audience were puzzled; they did not yet understand. Mason turned to - the counsel for the People. His ugly face was bitter with contempt. - </p> - <p> - "For three days," he said, "I have been tortured by this useless and - expensive farce. If counsel for the People had been other than playactors, - they would have known in the beginning that Victor Ancona could not be - convicted for murder, unless he were confronted in this courtroom with a - living witness, who had looked into the dead face of Nina San Croix; or, - if not that, a living witness who had seen him drive the dagger into her - bosom. - </p> - <p> - "I care not if the circumstantial evidence in this case were so strong and - irresistible as to be overpowering; if the judge on the bench, if the - jury, if every man within sound of my voice, were convinced of the guilt - of the prisoner to the degree of certainty that is absolute; if the - circumstantial evidence left in the mind no shadow of the remotest - improbable doubt; yet, in the absence of the eye-witness, this prisoner - cannot be punished, and this Court must compel the jury to acquit him." - The audience now understood, and they were dumbfounded. Surely this was - not the law. They had been taught that the law was common sense, and this,—this - was anything else. - </p> - <p> - Mason saw it all, and grinned. "In its tenderness," he sneered, "the law - shields the innocent. The good law of New York reaches out its hand and - lifts the prisoner out of the clutches of the fierce jury that would hang - him." - </p> - <p> - Mason sat down. The room was silent. The jurymen looked at each other in - amazement. The counsel for the People arose. His face was white with - anger, and incredulous. - </p> - <p> - "Your Honor," he said, "this doctrine is monstrous. Can it be said that, - in order to evade punishment, the murderer has only to hide or destroy the - body of the victim, or sink it into the sea? Then, if he is not seen to - kill, the law is powerless and the murderer can snap his finger in the - face of retributive justice. If this is the law, then the law for the - highest crime is a dead letter. The great commonwealth winks at murder and - invites every man to kill his enemy, provided he kill him in secret and - hide him. I repeat, your Honor,"—the man's voice was now loud and - angry and rang through the court-room—"that this doctrine is - monstrous!" - </p> - <p> - "So said Best, and Story, and many another," muttered Mason, "and the law - remained." - </p> - <p> - "The Court," said the judge, abruptly, "desires no further argument." - </p> - <p> - The counsel for the People resumed his seat. His face lighted up with - triumph. The Court was going to sustain him. - </p> - <p> - The judge turned and looked down at the jury. He was grave, and spoke with - deliberate emphasis. - </p> - <p> - "Gentlemen of the jury," he said, "the rule of Lord Hale obtains in this - State and is binding upon me. It is the law as stated by counsel for the - prisoner: that to warrant conviction of murder there must be direct proof - either of the death, as of the finding and identification of the corpse, - or of criminal violence adequate to produce death, and exerted in such a - manner as to account for the disappearance of the body; and it is only - when there is direct proof of the one that the other can be established by - circumstantial evidence. This is the law, and cannot now be departed from. - I do not presume to explain its wisdom. Chief-Justice Johnson has - observed, in the leading case, that it may have its probable foundation in - the idea that where direct proof is absent as to both the fact of the - death and of criminal violence capable of producing death, no evidence can - rise to the degree of moral certainty that the individual is dead by - criminal intervention, or even lead by direct inference to this result; - and that, where the fact of death is not certainly ascertained, all - inculpatory circumstantial evidence wants the key necessary for its - satisfactory interpretation, and cannot be depended on to furnish more - than probable results. It may be, also, that such a rule has some - reference to the dangerous possibility that a general preconception of - guilt, or a general excitement of popular feeling, may creep in to supply - the place of evidence, if, upon other than direct proof of death or a - cause of death, a jury are permitted to pronounce a prisoner guilty. - </p> - <p> - "In this case the body has not been found and there is no direct proof of - criminal agency on the part of the prisoner, although the chain of - circumstantial evidence is complete and irresistible in the highest - degree. Nevertheless, it is all circumstantial evidence, and under the - laws of New York the prisoner cannot be punished. I have no right of - discretion. The law does not permit a conviction in this case, although - every one of us may be morally certain of the prisoner's guilt. I am, - therefore, gentlemen of the jury, compelled to direct you to find the - prisoner not guilty." - </p> - <p> - "Judge," interrupted the foreman, jumping up in the box, "we cannot find - that verdict under our oath; we know that this man is guilty." - </p> - <p> - "Sir," said the judge, "this is a matter of law in which the wishes of the - jury cannot be considered. The clerk will write a verdict of not guilty, - which you, as foreman, will sign." - </p> - <p> - The spectators broke out into a threatening murmur that began to grow and - gather volume. The judge rapped on his desk and ordered the bailiffs - promptly to suppress any demonstration on the part of the audience. Then - he directed the foreman to sign the verdict prepared by the clerk, When - this was done he turned to Victor Ancona; his face was hard and there was - a cold glitter in his eyes. - </p> - <p> - "Prisoner at the bar," he said, "you have been put to trial before this - tribunal on a charge of cold-blooded and atrocious murder. The evidence - produced against you was of such powerful and overwhelming character that - it seems to have left no doubt in the minds of the jury, nor indeed in the - mind of any person present in this court-room. - </p> - <p> - "Had the question of your guilt been submitted to these twelve arbiters, a - conviction would certainly have resulted and the death penalty would have - been imposed. But the law, rigid, passionless, even-eyed, has thrust in - between you and the wrath of your fellows and saved you from it I do not - cry out against the impotency of the law; it is perhaps as wise as - imperfect humanity could make it. I deplore, rather, the genius of evil - men who, by cunning design, are enabled to slip through the fingers of - this law. I have no word of censure or admonition for you, Victor Ancona. - The law of New York compels me to acquit you. I am only its mouthpiece, - with my individual wishes throttled. I speak only those things which the - law directs I shall speak. - </p> - <p> - "You are now at liberty to leave this court-room, not guiltless of the - crime of murder, perhaps, but at least rid of its punishment. The eyes of - men may see Cain's mark on your brow, but the eyes of the Law are blind to - it." - </p> - <p> - When the audience fully realized what the judge had said they were amazed - and silent. They knew as well as men could know, that Victor Ancona was - guilty of murder, and yet he was now going out of the court-room free. - Could it happen that the law protected only against the blundering rogue? - They had heard always of the boasted completeness of the law which - magistrates from time immemorial had labored to perfect, and now when the - skilful villain sought to evade it, they saw how weak a thing it was. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0008" id="link2H_4_0008"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - V. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he wedding march - of Lohengrin floated out from the Episcopal Church of St. Mark, clear and - sweet, and perhaps heavy with its paradox of warning. The theatre of this - coming contract before high heaven was a wilderness of roses worth the - taxes of a county. The high caste of Manhattan, by the grace of the - check-book, were present, clothed in Parisian purple and fine linen, - cunningly and marvellously wrought. - </p> - <p> - Over in her private pew, ablaze with jewels, and decked with fabrics from - the deft hand of many a weaver, sat Mrs. Miriam Steuvisant as imperious - and self-complacent as a queen. To her it was all a kind of triumphal - procession, proclaiming her ability as a general. With her were a choice - few of the <i>genus homo</i> which obtains at the five-o'clock teas, - instituted, say the sages, for the purpose of sprinkling the holy water of - Lethe. - </p> - <p> - "Czarina," whispered Reggie Du Puyster, leaning forward, "I salute you. - The ceremony <i>sub jugum</i> is superb." - </p> - <p> - "Walcott is an excellent fellow," answered Mrs. Steuvisant; "not a vice, - you know, Reggie." - </p> - <p> - "Aye, Empress," put in the others, "a purist taken in the net. The - clean-skirted one has come to the altar. Vive la vertu!" - </p> - <p> - Samuel Walcott, still sunburned from his cruise, stood before the chancel - with the only daughter of the blue-blooded St. Clairs. His face was clear - and honest and his voice firm. This was life and not romance. The lid of - the sepulchre had closed and he had slipped from under it. And now, and - ever after, the hand red with murder was clean as any. - </p> - <p> - The minister raised his voice, proclaiming the holy union before God, and - this twain, half pure, half foul, now by divine ordinance one flesh, bowed - down before it. No blood cried from the ground. The sunlight of high noon - streamed down through the window panes like a benediction. - </p> - <p> - Back in the pew of Mrs. Miriam Steuvisant, Reggie Du Puyster turned down - his thumb. "Habet!" he said. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0009" id="link2H_4_0009"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - II—TWO PLUNGERS OF MANHATTAN - </h2> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0010" id="link2H_4_0010"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - I. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">F</span>OR my part, - Sidney," said the dark man, "I don't agree with your faith in Providence - at all. For the last ten years it has kept too far afield of our House in - every matter of importance. It has never once shown its face to us except - for the purpose of interposing some fatal wrecker just at the critical - moment. Don't you remember how it helped Barton Woodlas rob our father in - that shoe trust at Lynn? And you will recall the railroad venture of our - own. Did not the cursed thing go into the hands of a receiver the very - moment we had gotten the stock cornered? And look at the oil deal. Did not - the tools stick in both test wells within fifty feet of the sand, and all - the saints could not remove them? I tell you I have no faith in it. The - same thing is going to happen again." - </p> - <p> - "There is some truth in your rant, brother," replied the light man, "but I - cling to my superstition. We have a cool million in this thing, a cool - million. If we can only break the Chicago corner the market is bound to - turn. The thing is below the cost of production now, and this western - combine is already groggy. Ten thousand would break its backbone, and - leave us in a position to force the market up to the ceiling." - </p> - <p> - "But how in Heaven's name, Sidney, are we going to get the other five - thousand? To-day at ten I put up everything that could be scraped - together, begged, or borrowed, and out of it all we have scarcely five - thousand dollars. For any good that amount will do we might as well have - none at all. We know that this combine would in all probability weather a - plunge of five thousand, while a bold plunge of ten thousand would rout it - as certainly as there is a sun in heaven, but we only have half enough - money and no means of getting another dollar. If there were ten millions - in it the case would be the same. The jig is up." - </p> - <p> - "I don't think so, Gordon. I don't give it up. We must raise the money." - </p> - <p> - "Raise the money!" put in the other, bitterly; "as well talk of raising - the soul of Samuel. Did n't I say that I had raised the last money that - human ingenuity could raise; that there was not another shining thing left - on earth to either of us, but our beauty?—And it would take genius - to raise money on that, Sidney, gigantic genius." - </p> - <p> - He stopped, and looked at his brother. The brother poured his soda into - the brandy, and said simply, "We must find it." - </p> - <p> - "You find it," said Gordon Montcure, getting up, and walking backward and - forward across the room. - </p> - <p> - For full ten minutes Sidney Montcure studied the bottom of his glass. Then - he looked up, and said, "Brother, do you remember the little bald-headed - man who stopped us on the steps of the Stock Exchange last week?" - </p> - <p> - "Yes; you mean the old ghost with the thin, melancholy face?" - </p> - <p> - "The same. You remember he said that if we were ever in a desperate - financial position we should come to the office building on the Wall - Street corner and inquire for Randolph Mason, and that Mason would show us - a way out of the difficulty; but that under no circumstances were we to - say how we happened to come to him, except that we had heard of his - ability." - </p> - <p> - "I recall the queer old chap well," said the other. "He seemed too clean - and serious for a fakir, but I suppose that is what he was; unless he is - wrong in the head, which is more probable." - </p> - <p> - "Do you know, brother," said Sidney Montcure, thrusting his hands into his - pockets, "I have been thinking of him, and I have a great mind to go down - there in the morning just for a flyer. If there is any such man as - Randolph Mason, he is not a fakir, because I know the building, and he - could not secure an office in any such prominent place unless he was - substantial." - </p> - <p> - "That is true, although I am convinced that you will find Randolph Mason a - myth." - </p> - <p> - "At any rate, we have nothing to lose, brother; there may be something in - it. Will you go with me to-morrow morning?" - </p> - <p> - The dark man nodded assent, and proceeded to add his autograph to the - club's collection, as evidenced by its wine ticket. - </p> - <p> - Gordon and Sidney Montcure were high-caste club men of the New York type, - brokers and plungers until three p.m., immaculate gentlemen thereafter. - Both were shrewd men of the world. And as they left the Ephmere Club that - night, that same club and divers shop-men of various guilds had heavy - equitable interests in the success of their plans. - </p> - <p> - Shortly after ten the following morning, the two brothers entered the - great building in which Randolph Mason was supposed to have his office. - There, on the marble-slab directory, was indeed the name; but it bore no - indication of his business, and simply informed the stranger that he was - to be found on the second floor front. The two men stepped into the - elevator, and asked the boy to show them to Mr. Mason's office. The boy - put them off on the second floor, and directed them to enquire at the - third door to the left. They found here a frosted glass door with - "Randolph Mason, Counsellor," on an ancient silver strip fastened to the - middle panel. Sidney Montcure opened the door, and the two entered. The - office room into which they came was large and scrupulously clean. - </p> - <p> - The walls were literally covered with maps of every description. Two rows - of mammoth closed bookcases extended across the room, and there were - numerous file cases of the most improved pattern. At a big flat-topped - table, literally heaped with letters, sat their friend, the little bald, - melancholy man, writing as though his very life and soul were at stake. - </p> - <p> - "We desire to speak with Mr. Mason, sir," said Sidney Montcure, addressing - the little man. The man arose, and went into the adjoining room. In a - moment he returned and announced that Mr. Mason would see the gentlemen at - once in his private office. - </p> - <p> - They found the private office of Randolph Mason to be in appearance much - like the private office of a corporation attorney. The walls were lined - with closed bookcases, and there were piles of plats and blue prints and - bundles of papers scattered over a round-topped mahogany table. - </p> - <p> - Randolph Mason turned round in his chair as the men entered. - </p> - <p> - "Be seated, gentlemen," he said, removing his eye-glasses. "In what manner - can I be of service?" His articulation was metallic and precise. - </p> - <p> - "We have had occasion to hear of your ability, Mr. Mason," said Gordon - Montcure, "and we have called to lay our difficulty before you, in the - hope that you may be able to suggest some remedy. It may be that our - dilemma is beyond the scope of your vocation, as it is not a legal - matter." - </p> - <p> - "Let me hear the difficulty," said Mason, bluntly. - </p> - <p> - "We are in a most unfortunate and critical position," said Gordon - Montcure. "My brother and myself are members of the Board of Trade, and, - in defiance of the usual rule, occasionally speculate for ourselves. After - making elaborate and careful investigation, we concluded that the wheat - market had reached bottom and was on the verge of a strong and unusual - advance. We based this conclusion on two safe indications: the failure in - production of the other staples, and the fact that the price of wheat was - slightly below the bare cost of production. This status of the market we - believed could not remain, and on Monday last we bought heavily on a - slight margin. The market continued to fall. We covered our margins, and - plunged, in order to bull the market. To our surprise the decline - continued; we gathered all our ready money, and plunged again. The market - wavered, but continued to decline slowly. Then it developed that there was - a Chicago combine against us. We at once set about ascertaining the exact - financial status of this combine, and discovered that it was now very - weak, and that a bold plunge of ten thousand dollars would rout it. But - unfortunately all our ready money was now gone. After exhausting every - security and resorting to every imaginable means we have only five - thousand dollars in all. This sum is utterly useless under the - circumstances, for we know well that the combine would hold out against a - plunge of this dimension and we would simply lose everything, while a - bold, sudden plunge of ten thousand would certainly break the market and - make us a vast fortune. Of course, no sane man will lend us money under - circumstances of this kind, and it is not possible for us to raise another - dollar on earth." The speaker leaned back in his chair, like a man who has - stated what he knows to be a hopeless case. "We are consuming your time - unnecessarily," he added; "our case is, of course, remediless." - </p> - <p> - Mason did not at once reply. He turned round in his chair and looked out - of the open window. The two brothers observed him more closely. They - noticed that his clothing was evidently of the best, that he was - scrupulously neat and clean, and wore no ornament of any kind. Even the - eyeglasses were attached to a black silk guard, and had a severely plain - steel spring. - </p> - <p> - "Have you a middle name, sir?" he said, turning suddenly to Sidney - Montcure. - </p> - <p> - "Yes," replied the man addressed, "Van Guilder; I am named for my - grandfather." - </p> - <p> - "An old and wealthy family of this city, and well known in New England," - said Mason; "that is fortunate." Then he bent forward and looking straight - into the eyes of his clients said: "Gentlemen, if you are ready to do - exactly what I direct, you will have five thousand dollars by to-morrow - night. Is that enough?" - </p> - <p> - "Ample," replied Gordon Montcure; "and we are ready to follow your - instructions to the letter in any matter that is not criminal." - </p> - <p> - "The transaction will be safely beyond the criminal statutes," said Mason, - "although it is close to the border line of the law." - </p> - <p> - "'Beyond, is as good as a mile," said Gordon Montcure; "let us hear your - plan." - </p> - <p> - "It is this," said Mason. "Down at Lynn, Massachusetts, there is a certain - retired shoe manufacturer of vast wealth, accumulated by questionable - transactions. He is now passing into the sixties, and, like every man of - his position, is restless and unsatisfied. Five years ago he concluded to - build a magnificent residence in the suburbs of Lynn. He spared nothing to - make the place palatial in every respect. The work has been completed - within the past summer. The grounds are superb, and the place is indeed - princely. As long as the palace was in process of building, the old - gentleman was interested and delighted; but no sooner was it finished - than, like all men of his type, he was at once dissatisfied. He now thinks - that he would like to travel on the continent, but he has constructed a - Frankenstein Monster, which he imagines requires his personal care. He - will not trust it to an agent, he does not dare to rent it, and he can - find no purchaser for such a palace in such a little city. The mere fact - that he cannot do exactly as he pleases is a source of huge vexation to - such a man as old Barton Woodlas, of the Shoe Trust." - </p> - <p> - The two Montcures apparently gave no visible evidence of their mighty - surprise and interest at the mention of the man who had robbed their - father, yet Mason evidently saw something in the tail of their eyes, for - he smiled with the lower half of his face, and continued: "You, sir," he - said, speaking directly to Sidney Montcure, "must go to Lynn and buy this - house in the morning." - </p> - <p> - "Buy the house!" answered the man, bitterly, "your irony approaches the - sublime; we have only five thousand dollars and no security. How could we - buy a house?" - </p> - <p> - "I am meeting the difficulties, if you please, sir," said Mason, "and not - yourself. At ten tomorrow you must be at Lynn. At two p.m. you will call - upon Barton Woodlas, giving your name as Sidney Van Guilder, from New - York. He knows that family, and will at once presume your wealth. You will - say to him that you desire to purchase a country place for your - grandfather, and heard of his residence. The old gentleman will at once - jump at this chance for a wealthy purchaser, and drive you out to his - grounds. You will criticise somewhat and make some objections, but will - finally conclude to purchase, if satisfactory terms can be made. Here you - will find Barton Woodlas a shrewd business dealer, and you must follow my - instructions to the very letter. He will finally agree to take about fifty - thousand dollars. You will make the purchase proposing to pay down five - thousand cash, and give a mortgage on the property for the residue of the - purchase money, making short-time notes. Five thousand in hand and a - mortgage will of course be safe, and the old gentleman will take it. You - demand immediate possession, and as he is not residing in the house you - will get it. Go with him at once to his attorney, pay the money, have the - papers signed and recorded, and be in full possession of the property by - four o'clock in the afternoon." - </p> - <p> - Mason stopped abruptly and turned to Gordon Montcure. "Sir," he said - curtly, "I must ask you to step into the other office and remain until I - have finished my instructions to your brother. I have found it best to - explain to each individual that part of the transaction which he is - expected to perform. Suggestions made in the presence of a third party - invariably lead to disaster." Gordon Montcure went into the outer room and - sat down. He was impressed by this strange interview with Mason. Here was - certainly one of the most powerful and mysterious men he had ever met,—one - whom he could not understand, who was a mighty enigma. But the man was so - clear and positive that Montcure concluded to do exactly as he said. After - all, the money they were risking was utterly worthless as matters now - stood. - </p> - <p> - In a few moments Sidney Montcure came out of the private office and took a - cab for the depot, leaving his brother in private interview with Randolph - Mason. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0011" id="link2H_4_0011"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - II. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he following - afternoon, Gordon Montcure stepped from the train at Lynn. An hour before, - <i>en route</i>, he had received a telegram from Mason saying that the - deal had been made and that his brother was in possession of the property, - and authorizing him to proceed according to instructions. He was a man of - business methods and began at once to play his part. Calling a carriage, - he went to the court-house and ascertained that the deed had been properly - recorded. Then he drove to the hotel of Barton Woodlas and demanded to see - that gentleman at once. He was shown into a private parlor and in a few - minutes the shoe capitalist came down. He was a short, nervous, fat man - with a pompous strut. - </p> - <p> - "Mr. Woodlas, I presume," said Gordon Mont-cure. - </p> - <p> - "The same, sir," was the answer; "to what am I indebted for this honor?" - </p> - <p> - "To be brief," replied Montcure, "I am looking for one Sidney Van Guilder. - I am informed that he was to-day with you in this city. Can you tell me - where I can see him?" - </p> - <p> - "Why, yes," said the old gentleman, anxiously; "I suppose he is out at the - residence I to-day sold him for his grandfather. Is there anything wrong?" - </p> - <p> - "What?" cried Montcure, starting up, "You sold him a residence to-day? - Curse the luck! I am too late. He is evidently into his old tricks." - </p> - <p> - "Old tricks," said the little fat man, growing pale, "what in Heaven's - name is wrong with him? Speak out, man; speak out!" - </p> - <p> - "To come at once to the point," said Gordon Montcure, "Mr. Van Guilder is - just a little offcolor. He is shrewd and all right in every way except for - this one peculiarity. He seems to have an insane desire to purchase fine - buildings and convert them into homes for his horses. He has attempted to - change several houses on Fifth Avenue into palatial stables, and has only - been prevented by the city authorities. In all human probability the house - you have sold him will be full of stalls by morning." - </p> - <p> - "My house full of stalls!" yelled the little fat man, "my house that I - have spent so much money on, and my beautiful grounds a barn-yard! Never! - never! Come on, sir, come on, we must go there at once!" And Barton - Woodlas waddled out of the room as fast as his short legs could carry him. - Gordon Montcure followed, smiling. - </p> - <p> - Both men climbed into Montcure's carriage and hurried out to the suburban - residence. The grounds were indeed magnificent, and the house a palace. As - they drove in, they noticed several Italian laborers digging a trench - across the lawn. Barton Woodlas tumbled out of the carriage and bolted - into the house, followed by Montcure. Here they found a scene of the - greatest confusion. The house was filled with grimy workmen. They were - taking off the doors and shutters, and removing the stairway, and - hammering in different portions of the house until the noise was like - bedlam. - </p> - <p> - Sidney Van Guilder stood in the drawing-room, with his coat off, directing - his workmen. His clothing was disarranged and dusty but he was apparently - enthusiastic and happy. "Stop, sir! stop!" cried Barton Woodlas, waving - his arms and rushing into the room. "Put these dirty workmen out of here - and stop this vandalism at once! At once!" - </p> - <p> - Sidney Van Guilder turned round smiling. "Ah," he said, "is it you, Mr. - Woodlas? I am getting on swimmingly you see. This will make a magnificent - stable. I can put my horses on both floors, but I will be compelled to cut - the inside all out, and make great changes. It is a pity that you built - your rooms so big." - </p> - <p> - For a moment the little man was speechless with rage; then he danced up - and down and yelled: "Oh, you crazy fool! You crazy fool! You are - destroying my house! It won't be worth a dollar!" - </p> - <p> - "I beg your pardon," said Van Guilder, coldly, "this is my house and I - shall do with it as I like. I have bought it and I shall make a home for - my horses of it by morning. It cannot possibly be any business of yours." - </p> - <p> - "No business of mine!" shouted Woodlas, "what security have I but the - mortgage? And if you go on with this cursed gutting the mortgage won't be - worth a dollar. Oh, my beautiful house! My beautiful house! It is awful, - awful! Come on, sir," he yelled to Gordon Montcure, "I will find a way to - stop the blooming idiot!" - </p> - <p> - With that he rushed out of the house and rolled into the carriage, Gordon - Montcure following. Together the two men were driven furiously to the - office of Vinson Harcout, counsellor for the Shoe Trust. - </p> - <p> - That usually placid and unexcitable gentleman turned round in astonishment - as the two men bolted into his private office. Woodlas dropped into a - chair and, between curses and puffs of exhaustion, began to describe his - trouble. When the lawyer had finally succeeded in drawing from the irate - old man a full understanding of the matter, he leaned back in his chair - and stroked his chin thoughtfully. - </p> - <p> - "Well," he said, "this is an unfortunate state of affairs, but there is - really no legal remedy for it. The title to the property is in Mr. Van - Guilder. He is in possession by due and proper process of law, and he can - do as he pleases, even to the extent of destroying the property utterly. - If he chooses to convert his residence into a stable, he certainly commits - no crime and simply exercises a right which is legally his own. It is true - that you have such equitable interest in the property that you might be - able to stop him by injunction proceedings—we will try that at any - rate." - </p> - <p> - The attorney stopped and turned to his stenographer. "William," he said, - "ask the clerk if Judge Henderson is in the court-room." The young man - went to the telephone and returned in a moment. "Judge Henderson is not in - the city, sir," he said. "The clerk answers that he went to Boston early - in the day to meet with some judicial committee from New York and will not - return until to-morrow." - </p> - <p> - The lawyer's face lengthened. "Well," he said, "that is the end of it. We - could not possibly reach him in time to prevent Mr. Van Guilder from - carrying out his intentions." - </p> - <p> - Gordon Montcure smiled grimly. Mason had promised to inveigle away the - resident judge by means of a bogus telegram, and he had done so. - </p> - <p> - "Oh!" wailed the little fat man, "is there no law to keep me from being - ruined? Can't I have him arrested, sir?" - </p> - <p> - "Unfortunately, no," replied the lawyer. "He is committing no crime, he is - simply doing what he has a full legal right to do if he so chooses, and - neither you nor any other man can interfere with him. If you attempt it, - you at once become a violator of the law and proceed at your peril. You - are the victim of a grave wrong, Mr. Woodlas. Your security is being - destroyed and great loss may possibly result. Yet there is absolutely no - remedy except the possible injunction, which, in the absence of the judge, - is no remedy at all. It is an exasperating and unfortunate position for - you, but, as I said, there is nothing to be done." - </p> - <p> - The face of Barton Woodlas grew white and his jaw dropped. "Gone!" he - muttered, "all gone, five thousand dollars and a stable as security for - forty thousand! It is ruin, ruin!" - </p> - <p> - "I am indeed sorry," said the cold-blooded attorney, with a feeling of - pity that was unusual, "but there is no remedy, unless perhaps you could - repurchase the property before it is injured." - </p> - <p> - "Ah," said the little fat man, straightening up in his chair, "I had not - thought of that. I will do it. Come on, both of you," and he hurried to - the carriage without waiting for an answer. - </p> - <p> - At the residence in question the three men found matters as Barton Woodlas - had last seen them, except that the trench across the lawn was now half - completed and the doors and shutters had all been removed from the house - and piled up on the veranda. - </p> - <p> - Sidney Van Guilder laughed at their proposition to repurchase. He assured - them that he had long been looking for just this kind of property, that it - suited him perfectly, and that he would not think of parting with it. The - attorney for Wood-las offered two thousand dollars' advance; then three, - then four, but Sidney Van Guilder was immovable. Finally Gordon Montcure - suggested that perhaps the city would not allow his stable to remain after - he had completed it, and advised him to name some price for the property. - Van Guilder seemed to consider this possibility with some seriousness. He - had presumably had this trouble in New York City, and finally said that he - would take ten thousand dollars for his bargain. Old Barton Woodlas fumed - and cursed and ground his teeth, and damned every citizen of the State of - New York from the coast to the lakes for a thief, a villain, and a robber. - </p> - <p> - Finally, when the Italians began to cut through the wall of the - drawing-room and the fat old gentleman's grief and rage were fast - approaching apoplexy, the lawyer raised his offer to seven thousand - dollars cash, and Sidney Van Guilder reluctantly accepted it and dismissed - his workmen. The four went at once to the law office of Vinson Harcout, - where the mortgage and notes were cancelled, the money paid, and the deed - prepared, reconveying the property and giving Barton Woodlas immediate - possession. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0012" id="link2H_4_0012"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - III. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">A</span>t nine-thirty the - following morning, the two brothers walked into the private office of - Randolph Mason and laid down seven thousand dollars on his desk. Mason - counted out two thousand and thrust it into his pocket. "Gentlemen," he - said shortly, "here is the five thousand dollars which I promised. I - commend you for following my instructions strictly." - </p> - <p> - "We have obeyed you to the very letter," said Gordon Montcure, handing the - money to his brother, "except in one particular." - </p> - <p> - "What!" cried Mason, turning upon him, "you dared to change my plans?" - </p> - <p> - "No," said Gordon Montcure, stepping back, "only the fool lawyer suggested - the repurchase before I could do it." - </p> - <p> - "Ah," said Randolph Mason, sinking back into his chair, "a trifling - detail. I bid you goodmorning." - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0013" id="link2H_4_0013"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - III—WOODFORD'S PARTNER - </h2> - <p> - <i>[See Clark's Criminal Law, p. 274, or any good text-book for the - general principles of law herein concerned. See especially State vs. - Reddick, 48 Northwestern Reporter, 846, and the long list of cases there - cited, on the proposition that the taking of partnership funds by one of - the general partners, even with felonious intent, constitutes no crime. - Also, Gary vs. Northwestern Masonic Aid Association, 53 Northwestern - Reporter, 1086.]</i> - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0014" id="link2H_4_0014"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - I. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">A</span>FTER some thirty - years, one begins to appreciate in a slight degree the mystery of things - in counter-distinction to the mystery of men. He learns with dumb horror - that startling and unforeseen events break into the shrewdest plans and - dash them to pieces utterly, or with grim malice wrench them into engines - of destruction, as though some mighty hand reached out from the darkness - and shattered the sculptor's marble, or caught the chisel in his fingers - and drove it back into his heart. - </p> - <p> - As one grows older, he seeks to avoid, as far as may be, the effect of - these unforeseen interpositions, by carrying in his plans a factor of - safety, and, as what he is pleased to call his "worldly wisdom" grows, he - increases this factor until it is a large constant running through all his - equations dealing with probabilities of the future. Whether in the end it - has availed anything, is still, after six thousand years, a mooted - question. Nevertheless, it is the manner of men to calculate closely in - their youth, disregarding the factor of safety, and ignoring utterly the - element of Chance, Fortune, ar Providence, as it may please men to name - this infinite meddling intelligence. Whether this arises from ignorance or - some natural unconscious conviction that it is useless to strive against - it, the race has so far been unable to determine. That it is useless to, - the weight of authorities would seem to indicate, while, on the other - hand, the fact that men are amazed and dumbfounded when they first realize - the gigantic part played by this mysterious power in all human affairs, - and immediately thereafter plan to evade it, would tend to the conviction - that there might be some means by which these startling accidents could be - guarded against, or at least their effect counteracted. - </p> - <p> - The laws, if in truth there be any, by which these so-called fortunes and - misfortunes come to men, are as yet undetermined, except that they arise - from the quarter of the unexpected, and by means oftentimes of the - commonplace. - </p> - <p> - On a certain Friday evening in July, Carper Harris, confidential clerk of - the great wholesale house of Beaumont, Milton, & Company of Baltimore, - was suddenly prostrated under the horror of this great truth. For the - first time in his life Fate had turned about and struck him, and the blow - had been delivered with all her strength. - </p> - <p> - Up to this time he had been an exceedingly fortunate man. To begin with, - he had been born of a good family, although, at the time of his father's - death, reduced in circumstances. While quite a small boy, he had been - taken in as clerk through the influence of Mr. Milton, who had been a - friend of his father. The good blood in the young man had told from the - start. He had shown himself capable and unusually shrewd in business - matters, and had risen rapidly to the position of chief confidential - clerk. In this position he was intrusted with the most important matters - of the firm, and was familiar with all its business relations. His - abilities had expanded with the increasing duties of his successive - positions. He had done the firm much service, and had shown himself to be - a most valuable and trustworthy man. But, with it all, the eyes of old - Silas Beaumont had followed his every act, in season and out of season, - tirelessly. It was a favorite theory of old Beaumont, that the great knave - was usually the man of irreproachable habits, and necessarily the man of - powerful and unusual abilities, and that, instead of resorting to ordinary - vices or slight acts of rascality, he was wont to bide his time until his - reputation gained him opportunity for some gigantic act of dishonesty, - whereby he could make a vast sum at one stroke. - </p> - <p> - Old Beaumont was accustomed to cite two scriptural passages as the basis - of his theory, one being that oft-quoted remark of David in his haste, and - the other explanatory of what the Lord saw when he repented that he had - made man on the earth. - </p> - <p> - Like all those of his type, when this theory had once become fixed with - him, he sought on all occasions for instances by which to demonstrate its - truthfulness. Thus it happened that the honesty and industry of young - Harris were the very grounds upon which Beaumont based his suspicions and - his acts of vigilance. - </p> - <p> - When it was proposed that Carper Harris should go to Europe in order to - buy certain grades of pottery which the firm imported, Beaumont grumbled - and intimated that it was taking a large risk to intrust money to him. He - said the sum was greater than the young man had been accustomed to handle, - that big amounts of cash were dangerous baits, and then he switched over - to his theory and hinted that just this kind of opportunity would be the - one which a man would seize for his master act of dishonesty. The other - members of the firm ridiculed the idea, and arranged the matter over Silas - Beaumont's protest. - </p> - <p> - Thus it happened that about seven o'clock on the eventful Friday, Carper - Harris left Baltimore for New York. He carried a small hand-bag containing - twenty thousand dollars, with which he was to buy foreign exchange. - Arriving at the depot he had checked his luggage and had gone into the - chair-car with only his overcoat and the little hand-bag. He laid his - overcoat across the back of the seat and set the little satchel down in - the seat beside him. He had been particularly careful that the money - should be constantly guarded, and for that reason he had attempted to keep - his hand on the handle of the bag during the entire trip, although he was - convinced that there was no danger or risk of any consequence, for the - reason that no one would suspect that the satchel contained cash. When he - arrived in New York he had gone directly to his hotel and asked to be - shown up to his room. It was his intention to look over the money - carefully and see that it was all right, after which he would have it - placed in one of the deposit boxes in the hotel safe until morning. - </p> - <p> - When Harris set the hand-bag down on the table under the light, after the - servant had left the room, something about its general appearance struck - his attention, and he bent down to examine it closely. As he did so his - heart seemed to leap into his throat, and the cold perspiration burst out - on his forehead and began to run down his face in streams. The satchel - before him on the table was not the one in which he had placed the money - in Baltimore, and with which he had left the counting-house of Beaumont, - Milton, & Company. The young man attempted to insert the key in the - lock of the satchel, but his hand trembled so that he could not do it, and - in an agony of fear he threw down the keys and wrenched the satchel open. - His great fear was only too well founded. The satchel contained a roll of - newspapers. For a moment Carper Harris stood dazed and dumbfounded by his - awful discovery; then he sank down in a heap on the floor and covered his - face with his hands. - </p> - <p> - Of all the dreaded calamities that Fate could have sent, this was the - worst. All that he had hoped for and labored for was gone by a stroke,—wiped - out ruthlessly, and by no act or wrong of his. The man sat on the floor - like a child, and literally wrung his hands in anguish, and strove to - realize all the terrible results that would follow in the wake of this - unforeseen calamity. - </p> - <p> - First of all there was Beaumont's theory, and the horror of the thought - gripped his heart like a frozen hand. It stood like some grim demon - barring the only truthful and honorable way out of the matter. How could - he go back and say that he had been robbed. Beaumont would laugh the idea - to scorn and gloat over the confirmation of his protest. Little would - explanation avail. His friends would turn against him, and join with - Beaumont, and seek to make the severity of their accusation against him - atone for their previous trust and confidence, and their disregard of what - they would now characterize as Mr. Beaumont's unusual foresight. And then, - if they would listen to explanation, what explanation was there to make? - He had left their counting-house with the money in the afternoon, and now - in New York in the evening he claimed to have been robbed. And how? That - some one had substituted another hand-bag for the one with which he - started, without attacking him and even without his slightest suspicion—a - probable story indeed! Why, the hand-bag there on the table was almost - exactly like the one he had taken with him to the company's office. No one - but himself could tell that it was not the same bag. The whole matter - would be considered a shrewd trick on his part,—a cunningly arranged - scheme to rob his employers of this large sum of money. In his heated - fancy he could see the whole future as it would come. The hard smile of - incredulity with which his story would be greeted,—the arrest that - would follow,—the sensational newspaper reports of the defalcation - of Carper Harris, confidential clerk of the great wholesale house of - Beaumont, Milton, & Company. The newspapers would assume his guilt, as - they always do when one is charged with crime; they would speak of him as - a defaulter, and would comment on the story as an ingenious defence - emanating from his shrewd counsel. Even the newsboys on the street would - convict him with the cry of, "All about the trial of the great defaulter!" - The jury its very self, when it went into the box, would be going there to - try a man already convicted of crime. This conviction would have been - forced upon them by the reports, and they could not entirely escape from - it, no matter how hard they might try. Why, if one of them should be asked - suddenly what he was doing, in all possibility, if he should reply without - stopping to think, he would answer that he was trying the man who had - robbed Beaumont, Milton, & Company. So that way was barred, and it was - a demon with a flaming sword that kept it. - </p> - <p> - The man arose and began to pace the floor. He could not go back and tell - the truth. What other thing could he do? It was useless to inform the - police. That would simply precipitate the storm. It would be going by - another path the same way which he had convinced himself was so - effectually blocked. Nor did he dare to remain silent. The loss would soon - be discovered, and then his silence would convict him, while flight was - open confession of the crime. - </p> - <p> - Carper Harris had one brother living in New York,—a sort of black - sheep of the family, who had left home when a child to hazard his fortunes - with the cattle exporters. The family had attempted to control him, but - without avail. He had shifted around the stock-yards in Baltimore, and had - gone finally to New York, and was now a commission merchant, with an - office in Jersey City. The relation between this man and the family had - been somewhat strained, but now, in the face of this dreaded disaster, - Harris felt that he was the only one to appeal to—not that he hoped - that his brother could render him any assistance, but because he must - consult with some one, and this man was after all the only human being - whom he could trust. - </p> - <p> - He hastily scribbled a note, and, calling a messenger, sent it to his - brother's hotel. Then he threw himself down on the bed and covered his - face with his hands. What diabolical patience and cunning Fate sometimes - exhibits! All the good fortune which had come to young Harris seemed to - have been only for the purpose of smoothing the way into this trap. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0015" id="link2H_4_0015"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - II. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">W</span>hat is wrong here, - Carper?" said William Harris, as he shut the door behind him. "I expected - to find a corpse from the tone of your note. What's up?" - </p> - <p> - The commission merchant was a short heavy young man with a big square jaw - and keen gray eyes. His face indicated bull-dog tenacity and unlimited - courage of the sterner sort. - </p> - <p> - Carper Harris arose when his brother entered. He was as white as the dead. - "William," he said, "I wish I were a corpse!" - </p> - <p> - "Ho! ho!" cried the cattle-man, dropping into a chair. "There is a big - smash-up on the track, that is evident. Which is gone, your girl or your - job?" - </p> - <p> - "Brother," continued Carper Harris, "I am in a more horrible position than - you can imagine. I don't know whether you will believe me or not, but if - you don't, no one will." - </p> - <p> - "You may be a fool, Carper," answered the commission merchant, closing his - hands, on the arms of his chair, "but you are not a liar. Go on, tell me - the whole thing." - </p> - <p> - Carper Harris drew up a chair to the table and began to go over the whole - affair from the beginning to the end. As he proceeded, the muscles of his - brother's face grew more and more rigid, until they looked as hard and as - firm as a cast. When he finally finished and dropped back into his chair, - the cattle-man arose and without a word went over to the window, and stood - looking out over the city, with his hands behind his back. There was no - indication by which one could have known of the bitter struggle going on - in the man's bosom, unless one could have looked deep into his eyes; there - the danger and despair which he realized as attendant upon this matter - shone through in a kind of fierce glare. - </p> - <p> - Finally he turned round and looked down half smilingly at his brother. - "Well, Carper," he said, "is that all the trouble? We can fix that all - right." - </p> - <p> - "How?" almost screamed young Harris, bounding to his feet, "how?" - </p> - <p> - The commission merchant came back leisurely to his chair and sat down. His - features were composed and wore an air of pleasant assurance. "My boy," he - began, "this is tough lines, to be sure, but you are worth a car-load of - convicts yet. Sit down then, and I will straighten this thing out in a - jiffy. I have been devilish lucky this season, and I now have about - sixteen thousand dollars in bank. You have, I happen to know, some five - thousand dollars in securities which came to you out of father's estate - when it was settled. Turn these securities over to me and go right on to - Europe as you intended. I will realize on the securities, and with the - money I now have will be enabled to purchase the exchange which you - require, and will have it sent to you immediately, so there will be no - delay. You can go right on with your business as you intended, and neither - old Beaumont nor any other living skinflint will ever know of this - robbery." - </p> - <p> - Carper Harris could not speak. His emotion choked him. He seized his - brother's hand and wrung it in silence, while the tears streamed down his - face. - </p> - <p> - "Come, come," said the cattle-man, "this won't do! Brace up! I am simply - lending you the money. You can return it if you ever get able. If you - don't, why, it came easy, and I won't ever miss the loss of it." - </p> - <p> - "May God bless you, brother!" stammered Carper Harris. "You have saved me - from the very grave, and what is more—from the stigma of a felon. - You shall not lose this money by me. I will repay it if Heaven spares my - life." - </p> - <p> - "Don't go on like a play-actor, Carper," said the cattle-man, rising and - turning to the door. "Pull yourself together, gather up your duds, and - skip out to London. The stuff will be there by the time you are ready for - it." Then he went out and closed the door behind him. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0016" id="link2H_4_0016"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - III. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">I</span> had to lie to - him," said William Harris. "There was no other way out of it. I knew it - was the only means by which I could get him out of the country. If he - stayed here they would nab him and put him in the penitentiary in spite of - the very devil himself. It is all very well to talk about even-eyed - justice and all that rot, but a young man in that kind of a position would - have about as much show as a snowball in Vesuvius. The best thing to do - was to put him over the pond, and the next thing was to come here. I did - both, now what is to be done?" - </p> - <p> - "It is evident," said Randolph Mason, "that the young man is the victim of - one of our numerous gangs of train robbers, and it is quite as evident - that it is utterly impossible to recover the stolen money. The thing to be - done is to shift the loss." - </p> - <p> - "Shift the loss, sir," echoed the cattle-man; "I don't believe that I - quite catch your meaning." - </p> - <p> - "Sir," said Mason, "the law of self-preservation is the great law - governing the actions of men. All other considerations are of a secondary - nature. The selfish interest is the great motive power. It is the natural - instinct to seek vicarious atonement. Men do not bear a hurt if the hurt - can be placed upon another. It is a bitter law, but it is, nevertheless, a - law as fixed as gravity." - </p> - <p> - "I see," said the commission merchant; "but how is this loss to be shifted - on any one? The money is gone for good; there is no way to get it back, - and there is no means by which we can switch the responsibility to the - shoulders of any other person. The money was placed in Carper Harris's - custody, he was instructed to use great care in order to prevent any - possible loss. He left Baltimore with it. The story of his robbery would - only render him ridiculous if it were urged in his behalf. He alone is - responsible for the money; there is no way to shift it." - </p> - <p> - "I said, sir," growled Mason, "that the loss must be shifted. What does - the responsibility matter, provided the burden of loss can be placed upon - other shoulders? How much money have you?" - </p> - <p> - "Only the five thousand dollars which I received from the sale of his - securities," answered the man. "The story which I told him about the - sixteen thousand was all a lie; I have scarcely a thousand dollars to my - name, all told." - </p> - <p> - Mason looked at the cattle-man and smiled grimly. "So far you have done - well," he said; "it seems that you must be the instrument through which - this cunning game of Fate is to be blocked. You are the strong one; - therefore the burden must fall on your shoulders. Are you ready to bear - the brunt of this battle?" - </p> - <p> - "I am," said the man, quietly; "the boy must be saved if I have to go to - Sing Sing for the next twenty years." - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0017" id="link2H_4_0017"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - IV. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he traveller - crossing the continent in a Pullman car is convinced that West Virginia is - one continuous mountain. He has no desire to do other than to hurry past - with all the rapidity of which the iron horse is capable. He can have no - idea that in its central portion is a stretch of rolling blue-grass - country, as fertile and as valuable as the stock-farm lands of Kentucky; - with a civilization, too, distinctly its own, and not to be met with in - any other country of the world. It seems to combine, queerly enough, - certain of the elements of the Virginia planter, the western ranchman, and - the feudal baron. Perhaps nowhere in any of the United States can be found - such decided traces of the ancient feudal system as in this inland basin - of West Virginia, surrounded by great mountain ranges, and for many - generations cut off from active relations with the outside world. Nor is - this civilization of any other than natural growth. In the beginning, - those who came to this region were colonial families of degree,—many - of them Tories, hating Washington and his government, and staunch lovers - of the king at heart, for whom the more closely settled east and south - were too unpleasant after the success of the Revolution. Many of them - found in this fertile land lying against the foot-hills, and difficult of - access from either the east or west, the seclusion and the utter absence - of relations with their fellows which they so much desired. With them they - brought certain feudal customs as a basis for the civilization which they - builded. The nature of the country forced upon them others, and the desire - for gain—ever large in the Anglo-Saxon heart—brought in still - other customs, foreign and incongruous. - </p> - <p> - Thus it happened that at an early day this country was divided into great - tracts, containing thousands of acres of grass lands, owned by certain - powerful families, who resided upon it, and, to a very large extent, - preserved ancient customs and ancient ideas in relation to men. The idea - of a centrally situated manor-house was one adhered to from the very - first, and this differed from the Virginia manor in that it was more - massive and seemed to be built with the desire of strength predominating, - as though the builder had yet in mind a vague notion of baronial defences, - and some half hope or half fear of grim fights, in which he and his - henchmen would defend against the invader. Gradually, after the feudal - custom, the owner of one of these great tracts gathered about him a colony - of tenants and retainers, who looked after his stock and grew to be almost - fixtures of the realty and partook in no degree of the shiftless qualities - of the modern tenant. They were attached to the family of the master of - the estate, and shared in his peculiarities and his prejudices. His - quarrel became their own, and personal conflicts between the retainers of - different landowners were not infrequent. At such times, if the breaches - of the peace were of such a violent order as to attract the attention of - the law, the master was in honor bound to shield his men as far as - possible, and usually his influence was sufficient to preserve them from - punishment. - </p> - <p> - Indeed it was the landowner and his people against the world. They were - different from the Virginians in that they were more aggressive and - powerful, and were of a more adventurous and hardy nature. They were never - content to be mere farmers, or to depend upon the cultivation of the soil. - Nor were they careful enough to become breeders of fine stock. For these - reasons it came about that they adopted a certain kind of stock business, - combining the qualities of the ranch and the farm. They bought in the - autumn great herds of two-year-old cattle, picking them up along the - borders of Virginia and Kentucky. These cattle they brought over the - mountains in the fall, fed them through the winter, and turned them out in - the spring to fatten on their great tracts of pasture land. In the summer - this stock was shipped to the eastern market and sold in favorable - competition with the corn-fed stock of the west, and the stable-fed cattle - of Virginia and Pennsylvania. As this business grew, the little farmer - along the border began to breed the finer grades of stock. This the great - landowners encouraged, and as the breeds grew better, the stock put upon - the market from this region became more valuable, until at length the - blue-grass region of West Virginia has become famous for its beef cattle, - and for many years its cattle have been almost entirely purchased by the - exporters for the Liverpool market. - </p> - <p> - So famous have the cattle of certain of these great landowners become, - that each season the exporters send men to buy the stock, and not - infrequently contract for it from year to year. Often a landowner, in whom - the speculative spirit is rife, will buy up the cattle and make great - contracts with the exporter, or he will form a partnership with an eastern - commission merchant and ship with the market. The risks taken in this - business are great, and often vast sums of money are made or lost in a - week. It is a hazardous kind of gambling for the reason that great amounts - are involved, and the slightest fall in the market will often result in - big loss. With the shipping feature of this business have grown certain - customs. Sometimes partnerships will be formed to continue for one or more - weeks, and for the purpose of shipping. One drove of cattle or a number of - droves; and when the shippers are well known the cattle are not paid for - until the shipper returns from the market, it being presumed that he would - not carry in bank sufficient money to pay for a large drove. - </p> - <p> - It is a business containing all the peril and excitement of the stock - exchange, and all its fascinating hope of gain, as well as its dreaded - possibility of utter ruin. Often in a grimy caboose at the end of a slow - freight train is as true and fearless a devotee of Fortune, and as - reckless a plunger as one would find in the pit on Wall Street, and not - infrequently one with as vast plans and as heavy a stake in the play as - his brother of the city. Yet to look at him—big, muscular, and - uncouth—one would scarcely suspect that every week he was juggling - with values ranging from ten to sixty thousand dollars. - </p> - <p> - One Monday morning of July, William Harris, a passenger on the through St. - Louis express of the Baltimore & Ohio, said to the conductor that he - desired to get off at Bridgeport, a small shipping station in this - blue-grass region of West Virginia. The conductor answered that his train - did not stop at this station, but that as the town was on a grade at the - mouth of a tunnel he would slow up sufficiently for Mr. Harris to jump off - if he desired to assume the risk. This Harris concluded to do, and - accordingly, as the train ran by the long open platform beside the cattle - pens, he swung himself down from the steps of the car and jumped. The - platform was wet, and as Harris struck the planks his feet slipped and he - would have fallen forward directly under the wheels of the coach had it - not been that a big man standing near by sprang forward and dragged him - back. - </p> - <p> - "You had a damned close call there, my friend," said the big man. - </p> - <p> - "Yes," said Harris, picking himself up, "you cut the undertaker out of a - slight fee by your quick work." - </p> - <p> - The stranger turned sharply when he heard Harris's voice and grasped him - by the hand. "Why, Billy," he said, "I did n't know it was you. What are - you doing out here?" - </p> - <p> - "Well, well!" said Harris, shaking the man's hand vigorously, "there is a - God in Israel sure. You are the very man I am looking for, Woodford." - </p> - <p> - Thomas Woodford was a powerfully built man—big, and muscular as an - ox. He was about forty, a man of property, and a cattle-shipper known - through the whole country as a daring speculator of almost phenomenal - success. His plans were often gigantic, and his very rashness seemed to be - the means by which good fortune heaped its favors upon him. He was in good - humor this morning. The reports from the foreign markets were favorable, - and indications seemed to insure the probability of a decidedly - substantial advance at home. He put his big hand upon Harris's arm and - fairly led him down the platform. "What is up, Billy?" he asked, lowering - his voice. - </p> - <p> - "In my opinion," answered Harris, "the big combine among the exporters is - going to burst and go up higher than Gilderoy's kite, and if we can get - over to New York in time, we will have the world by the tail." - </p> - <p> - "Holy-head-of-the-church!" exclaimed the cattle-shipper, dropping his - hands. "It will be every man for himself, and they will have to pay - whatever we ask. But we must get over there this week. Next week - everything that wears hoofs will be dumped into Jersey City. Come over to - the hotel and let us hold a council of war." - </p> - <p> - The two men crossed the railroad track and entered the little eating-house - which bore the high-sounding and euphonious title of "Hotel Holloway." - They went directly up the steps and into a small room in the front of the - building overlooking the railroad. Here Woodford locked the door, pulled - off his coat, and took a large chew of tobacco. It was his way of - preparing to wrestle with an emergency—a kind of mechanical means of - forcing his faculties to a focus. - </p> - <p> - "Now, Billy," he said, "how is the best way to begin?" - </p> - <p> - Harris drew up his chair beside the bed on which his companion had seated - himself. - </p> - <p> - "The situation is in this kind of shape," he began. - </p> - <p> - "The exporters have all the ships chartered and expect Ball & Holstein - to furnish the cattle for next week's shipments. I believe that old Ball - will kick out of the combine and tell the other exporters in the trust - that they may go to the devil for their cattle. You know what kind of a - panic this will cause. The space on the boats has been chartered and paid - for, and it would be a great loss to let it stand empty. Nor could they - ship the common stock on the market. All these men have foreign contracts, - made in advance and calling for certain heavy grades of stock, and they - are under contract to furnish a certain specified number of bullocks each - week. They formed the combine in order to avoid difficulties, and have - depended on a pool of all the stock contracted for by the several firms, - out of which they could fill their boats when the supply should happen to - be short or the market temporarily high. The foreign market is rising, and - the old man is dead sure to hold on to the good thing in his clutches. I - was so firmly convinced that the combine was going to pieces that I at - once jumped on the first train west and hurried here to see you. The - exporters must fill their contracts no matter what happens. If old Ball - kicks over, as he is sure to do, the market will sail against the sky. We - will have them on the hip if we can get the export cattle into New York, - but we have no time to lose. These cattle must be bought to-day, and - carred here to-morrow. Do you understand me?" - </p> - <p> - "Yes," said the cattle-shipper, striking his clenched right hand into the - palm of his left. "It is going to be quick work, but we can do it or my - name is not Woodford." - </p> - <p> - "We must have at least twelve carloads of big export cattle," continued - Harris. "Not one to weigh less than sixteen hundred pounds. They must be - good. Now, where can you get them quickest?" - </p> - <p> - "Well," answered the shipper, thoughtfully, "old Ralph Izzard has the best - drove, but he wants five cents for them, and that is steep, too steep." - </p> - <p> - "No," said Harris, "that is all right if they are good. We have no time to - run over the country to hunt them up. If these are the right kind we will - not stand on his price." - </p> - <p> - "You can stake your soul on them being the right kind, Billy," answered - the cattle-shipper enthusiastically. "Izzard picked them out of a drove of - at least a thousand last fall, and he has looked after the brutes and - pampered them like pet cats. They will go over sixteen hundred, every one - of them, and they are as fat as hogs and as broad on the backs as a bed. I - could slip out to his place and buy them to-night and have them here in - time to car to-morrow, if you think we can give the old man his price." - </p> - <p> - "They will bring six and a half in New York, and go like hot cakes," said - Harris, "but you will have to get out of this quick or you may run into a - crowd of buyers from Baltimore." - </p> - <p> - "All right, Billy," said the cattle-shipper, rising and pulling on his - coat, "I will tackle the old man to-night. We had better go to Clarksburg, - and there you can lay low, and can come up to-morrow on the freight that - stops here for the cattle. I will go out to Izzard's from there, and drive - here by noon to-morrow. The accommodation will be along in about a half - hour. I will go down and order the cars." - </p> - <p> - "Wait a moment, Woodford," said Harris, "we ought to have some written - agreement about this business." - </p> - <p> - "What is the use?" answered the shipper. "We will go in even on it, but if - you want to fix up a little contract, go ahead, and I will sign it. By the - way, old Izzard is a little closer than most anybody else; we may have to - pay him something down." - </p> - <p> - "I thought about that," said Harris, "and I brought some money with me, - but I did n't have time to gather up much. I have about six thousand - dollars here. Can you piece out with that?" - </p> - <p> - "Easy," replied the shipper. "The old devil would not have the nerve to - ask more than ten thousand down." - </p> - <p> - William Harris seated himself at the table and drew up a memorandum of - agreement between them, stating that they had formed a partnership for the - purpose of dealing in stock, and had put into it ten thousand dollars as a - partnership fund; that they were to share the profits or losses equally - between them, and that the partnership was to continue for thirty days. - This agreement both men signed, and Harris placed it in his pocket. Then - the two men ordered the cattle cars for the following day and went to - Clarksburg on the evening train. - </p> - <p> - Here Harris asked Woodford if he should pay over to him the five thousand - dollars or put it in the bank. To this the cattle-shipper replied that he - did not like to take the risk of carrying money over the country, and that - it would be best to deposit it and check it out as it should be needed. - </p> - <p> - Woodford and Harris went to the bank. The shipper drew five thousand - dollars from his own private account, put it with the five thousand which - Harris handed him, and thrust the package of bills through the window to - the teller. - </p> - <p> - "How do you wish to deposit this money, gentlemen?" asked the officer. - </p> - <p> - "I don't know, hardly," said the shipper, turning to his companion; "what - do you think about it, Billy?" - </p> - <p> - "Well," said the commission-merchant, thoughtfully, "I suppose we had - better deposit it in the firm name of Woodford & Harris, then you can - give your checks that way and they wont get mixed with your private - matters." - </p> - <p> - "That is right," said the cattle-shipper, "put it under the firm name." - Whereupon the teller deposited the money subject to the check of Woodford - & Harris. - </p> - <p> - "Now, Billy," continued Woodford, as they passed out into the street, "I - will buy these cattle and put them on the train to-morrow. You go down - with them. I will stay here and look over the country for another drove, - and, if you want more, telegraph me." - </p> - <p> - "That suits me perfectly," replied Harris. "I must get back to New York, - and I can wire you just how matters stand the moment I see the market." - Then the two men shook hands and Harris returned to his hotel. - </p> - <p> - The following afternoon William Harris went to Bridgeport on the freight - train. There he found twelve cars loaded with cattle, marked "Woodford - & Harris." At Grafton he hired a man to go through with the stock, and - took the midnight express for New York. - </p> - <p> - The partnership formed to take advantage of the situation which Harris had - so fluently described, had been brought about with ease and expedition. - Woodford was well known to William Harris. He had met him first in - Baltimore where young Harris was a mere underling of one of the great - exporting firms. Afterwards he had seen him frequently in Jersey City, and - of late had sold some stock for him. The whole transaction was in close - keeping with the customs of men in this business. - </p> - <p> - The confidence of one average cattle-man in another is a matter of more - than passing wonder. Yet almost from time immemorial it has been - respected, and instances are rare indeed where this confidence has been - betrayed to any degree. Perhaps after all the ancient theory that "trust - reposed breeds honesty in men," has in it a large measure of truthfulness, - and if practised universally might result in huge elevation of the race. - And it may be, indeed, that those who attempt to apply this principle to - the business affairs of men are philanthropists of no little stature. But - it is at best a dangerous experiment, wherein the safeguards of society - are lowered, and whereby grievous wrongs break in and despoil the citizen. - </p> - <p> - To the view of one standing out from the circle of things, men often - present queer contradictions. They call upon the state to protect them - from the petty rogue and make no effort to protect themselves from the - great one. They place themselves voluntarily in positions of peril, and - then cry out bitterly if by any mishap they suffer hurt from it, and fume - and rail at the law, when it is themselves they should rail at. The wonder - is that the average business man is not ruined by the rogue. Surely the - ignorance of the knave will not protect him always. - </p> - <p> - The situation would seem to arise from a false belief that the protection - of the law is a great shield, covering at all points against the attacks - of wrong. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0018" id="link2H_4_0018"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - V. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">O</span>n Saturday - afternoon about three o'clock, the cashier of the Fourth National Bank in - the town of Clarksburg called Thomas Woodford as he was passing on the - street, and requested him to come at once into the directors' room. - Woodford saw by the man's face that there was something serious the matter - and he hurried after him to the door of the private office. As he entered, - Mr. Izzard arose and crossed the room to him. The old man held a check in - his hand and was evidently laboring under great excitement. - </p> - <p> - "Woodford," he cried, thrusting the check up into the cattle-shipper's - face, "this thing is not worth a damn! There is no money here to pay it." - </p> - <p> - "No money to pay it!" echoed Woodford. "You must be crazy. We put the - money in here Monday. There's ten thousand dollars here to pay it." - </p> - <p> - "Well," said the old man, trembling with anger, "there is none here now. - You gave me this check Tuesday on my cattle which you and Harris bought, - and you told me there was money here to meet it. I thought you were all - right, of course, and I did not come to town until to-day. Now the cashier - says there is not a cursèd cent here to the credit of you and Harris." - </p> - <p> - The blood faded out of the cattle-shipper's face, leaving him as white as - a sheet. He turned slowly to the cashier: "What became of that money?" he - gasped. - </p> - <p> - "Why," the officer replied, "it was drawn out on the check of yourself and - Harris. Did n't you know about it? The check was properly endorsed." - </p> - <p> - "Show me the check," said Thomas Woodford, striving hard to control the - trembling of his voice. "There must be some mistake." - </p> - <p> - The cashier went to his desk and returned with a check, which he spread - out on the table before the cattle-shipper. The man seized it and carried - it to the light, where he scrutinized it closely. It was in proper form - and drawn in the firm name of "Woodford & Harris," directing the - Fourth National Bank to pay to William Harris ten thousand dollars. It was - properly endorsed by William Harris and bore the stamp of the New York - Clearing House. - </p> - <p> - "When was this check cashed?" asked Woodford. - </p> - <p> - "It was sent in yesterday," answered the cashier. "Is there anything wrong - with it?" - </p> - <p> - For a time Woodford did not speak. He stood with his back to the two men - and was evidently attempting to arrive at some solution of the matter. - Presently he turned and faced the angry land-owner. - </p> - <p> - "There has been a mistake here, Mr. Izzard," he said, speaking slowly and - calmly. "Suppose I give you my note for the money; the bank here will - discount it, and you will not be put to any inconvenience." - </p> - <p> - To this the old gentleman readily assented. "All I want," he assured the - shipper, "is to be safe. Your note, Woodford, is good for ten times the - sum." - </p> - <p> - Thomas Woodford turned to the desk and drew a negotiable note for the - amount of the check. This he gave to Mr. Izzard, and then hurried to the - telegraph office, where he wired Harris asking for an immediate - explanation of the mysterious transaction. - </p> - <p> - He was a man accustomed to keep his own counsels, and he was not yet ready - to abandon them. He gave directions where the answer was to be sent, then - he went to the hotel, locked himself in his room, and began to pace the - floor, striving to solve the enigma of this queer proceeding on the part - of William Harris. - </p> - <p> - The transaction had an ugly appearance. The money had been placed in the - bank by the two men for the express purpose of meeting this check, which - he had given to Izzard as a part payment on his stock. Harris knew this - perfectly, and had suggested it. Now, how should it happen that he had - drawn the money in his own name almost immediately upon his arrival in New - York? - </p> - <p> - Could it be that Harris had concluded to steal the money? This the - cattle-shipper refused to believe. He had known Harris for years, and knew - that he was considered honest, as the world goes. Besides, Harris would - not dare to make such a bold move for the purpose of robbery. His name was - on the back of the check; there was no apparent attempt to conceal it. No, - there could be but one explanation, considered Woodford: Harris had found - the market rising and a great opportunity to make a vast sum of money; - consequently he had bought more stock and had been compelled to use this - money for the purpose of payment. There could be no other explanation, so - the cattle-shipper convinced himself. - </p> - <p> - Thomas Woodford was not a man of wavering decisions. When his conclusion - was once formed, that was the end of it. He went over to the wash-stand, - bathed his face, and turned to leave the room. As he did so, some one - rapped on the door; when he opened it, a messenger boy handed him a - telegram. He took the message, closed the door, and went over to the - window. For a moment the dread of what the little yellow envelope might - possibly contain, made the big rough cattle-shipper tremble. Then he - dismissed the premonition as an unreasonable fear, and with calm finger - opened the message. The telegram was from New York, and contained these - few words: "Have been robbed. Everything is lost," and was signed "William - Harris." - </p> - <p> - Thomas Woodford staggered as if some one had dealt him a terrible blow in - the face. The paper fell from his fingers and fluttered down on the floor. - The room appeared to swim round him; his heart thumped violently for a - moment, and then seemed to die down in his breast and cease its beating. - He sank down in his chair and fell forward on the table, his big body limp - under the shock of this awful calamity. It was all perfectly plain to him - now. The entire transaction from the beginning to the end had been a - deep-laid, cunning plan to rob him. The checking out of the ten thousand - dollars was but a small part of it Harris had sold the cattle, and, - seeking to keep the money, had simply said that he had been robbed. The - story about the probable dissolution of the exporters' combine had been - all a lie. He had been the dupe—the easy, willing dupe, of a cunning - villain. - </p> - <p> - William Harris had come to West Virginia with the deliberate intention of - inveigling him into this very trap. He had left New York with the entire - scheme well planned. He had stopped at Bridgeport and told him the - plausible story about what would happen to the combine, in order to arouse - his interest and draw him into the plot and to account for his own - presence in the cattle region. It was a shrewdly constructed tale, which, - under the circumstances, the most cautious man in the business would have - believed. - </p> - <p> - The man winced as he recalled how cunningly Harris had forced him to do - the very things he desired done, without appearing to even suggest them. - There was the deposit of the fund in the partnership name,—that - seemed all reasonable enough. It had not occurred to him that this money - would then be subject to Harris's check as well as his own. Then, too, it - was reasonable that he should go out and buy the cattle, and Harris ship - them,—Harris was a commission-merchant by trade, and this division - of the work was natural. Such a robbery had not occurred before in all the - history of this business, and how fatally well all the circumstances and - the customs of the trade fitted into the plan of this daring rascal! - </p> - <p> - Then, like a benumbing ache, came the gradual appreciation of the - magnitude of this loss. The cattle were worth twenty thousand dollars. He - had agreed to pay Izzard that sum for the drove, and then there was the - five thousand of his own money. Twenty-five thousand dollars in all. It - was no small sum for the wealthiest to lose, and to this man in his - despair it loomed large indeed. - </p> - <p> - Financial ruin is an evil-featured demon at best. The grasp of his hand is - blighting; the leer of his sunken face, maddening. It requires strong will - to face the monster when one knows that he is coming, even after his - shadow has been flitting across one's path for years. When he leaps down - suddenly from the dark upon the shoulders of the unsuspecting passer-by, - that one must be strong indeed if all that he possesses of virtue and - honesty and good motive be not driven out from him. - </p> - <p> - The old clock on the court-house struck five, its battered iron tongue - crying out from above the place where men were accustomed to resort for - Justice. - </p> - <p> - The sound startled Woodford and reminded him of something. He arose and - went to the window and stood looking at the gaunt old building. - </p> - <p> - Yes, there was the Law. He had almost forgotten that, and the Law would - not tolerate wrong. It hated the evil-doer, and hunted him down even to - the death, and punished him. Men were often weak and half blind, but the - Law was strong always, and its eyes were far-sighted. The world was not so - large that the rogue could hide from it. In its strength it would seek him - out and hold him responsible for the evil he had done. It stood ever in - its majesty between the knave and those upon whom he sought to prey; its - shadow, heavy with warning, lay always before the faces of vicious men. - </p> - <p> - In his bitterness, Woodford thanked Heaven that this was true. From the - iron hand of the Law; William Harris should have vengeance visited upon - him to the very rim of the measure. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0019" id="link2H_4_0019"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - VI. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">R</span>andolph Mason - looked up from his desk as William Harris burst into his office. The - commission-merchant's face was red, and he was panting with excitement. - "Mr. Mason," he cried, "there is trouble on foot; you must help me out!" - </p> - <p> - "Trouble," echoed Mason, "is it any new thing to meet? Why do you come - back with your petty matters?" - </p> - <p> - "It is no petty matter, sir," said Harris; "you planned the whole thing - for me, and you said it was no crime. Now they are trying to put me in the - penitentiary. You must have been wrong when you said it was no crime." - </p> - <p> - "Wrong?" said Mason, sharply. "What fool says I am wrong?" - </p> - <p> - "Why, sir," continued Harris, rapidly, "Thomas Woodford has applied to the - Governor for an extradition, asking that I be turned over to the - authorities of West Virginia on the charge of having committed a felony. - You said I could draw out the partnership fund and keep it, and that I - could sell the cattle and buy foreign exchange with the money, and it - would be no crime. Now they are after me, and you must go to Albany and - see about it." - </p> - <p> - "I shall not go to Albany," said Mason. "You have committed no crime and - cannot be punished." - </p> - <p> - "But," said Harris, anxiously, "won't they take me down there? Won't the - Governor turn me over to them?" - </p> - <p> - "The Governor," continued Mason, "is no fool. The affidavit stating the - facts, which must accompany the application, will show on its face that no - crime has been committed. You were a partner, with a partner's control of - the funds. The taking of partnership property by one partner is no crime. - Neither did you steal the cattle. They were sold to you. Your partner - trusted you. If you do not pay, it is his misfortune. It was all a - business affair, and by no possible construction can be twisted into a - crime. Nor does it matter how the partnership was formed, so that it - existed. It is no crime to lie in regard to an opinion. You have violated - no law,—you have simply taken advantage of its weak places to your - own gain and to the hurt of certain stupid fools. The Attorney General - will never permit an extradition in this case while the world stands. Go - home, man, and sleep,—you are as safe from the law as though you - were in the grave." - </p> - <p> - With that, Randolph Mason arose and opened the office door. "I bid you - good-morning, sir," he said curtly. - </p> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he Governor of New - York pushed the papers across the table to the Attorney General. "I would - like you to look at this application for the extradition of one Harris, - charged with committing a felony in the State of West Virginia," he said. - "The paper seems to be regular, but I am somewhat in doubt as to the - proper construction to be placed upon the affidavit stating the facts - alleged to constitute this crime." - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0020" id="link2H_4_0020"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - VII. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he Attorney - General took the papers and went over them rapidly. "Well," he said, - "there is nothing wrong with the application. Everything is regular except - the affidavit, and it is quite clear that it fails to support this charge - of felony." - </p> - <p> - "I was inclined to that opinion," said the Governor, "and I thought best - to submit the matter to you." - </p> - <p> - "It is usual," continued the Attorney General, "to grant the application - without question, where the papers are regular and the crime is charged, - and it is not required that the crime be charged with the legal exactness - necessary in an indictment. The Governor is not permitted to try the - question whether the accused is guilty or not guilty. Nor is he to be - controlled by the question whether the offence is or is not a crime in his - own State, the question before him being whether the act is punishable as - a crime in the demanding State. The Governor cannot go behind the face of - the papers nor behind the facts alleged to constitute a crime, and if - these facts, by any reasonable construction, support the charge of crime, - the extradition will usually be granted. But it is a solemn proceeding, - and one not to be trifled with, and not to be invoked without good cause, - nor to be used for the purpose of redressing civil injuries, or for the - purpose of harassing the citizens; and where on the face of the affidavit - it is plainly evident that no crime has been committed, and that by no - possible construction of the facts stated could the matter be punishable - as a crime, then it is the duty of the Governor to refuse the extradition. - </p> - <p> - "In this case the authorities in the demanding State have filed an - affidavit setting forth at length the facts alleged to constitute a - felony. This paper shows substantially that a general partnership was - formed by William Harris and Thomas Woodford, and that pursuant to such - business relations certain partnership property came into the possession - of Harris; this property he converted to his own use. It is clear that - this act constituted no crime under the statutes of West Virginia or the - common law there obtaining. The property was general partnership property; - the money taken was a general partnership fund, subject to the check of - either partner. The partner Harris was properly in possession of the - cattle as a part owner. He was also lawfully entitled to the possession of - the partnership fund if he saw fit to draw it out and use it. If it be - presumed that his story of the robbery is false, and that he deliberately - planned to secure possession of the property and money, and did so secure - possession of it, and converted it to his own use, yet he has committed no - crime. He has simply taken advantage of the trust reposed in him by his - partner Woodford, and has done none of those acts essential to a felony. - The application must be refused." - </p> - <p> - "That was my opinion," said the Governor, "but such a great wrong had been - done that I hesitated to refuse the extradition." - </p> - <p> - "Yes," answered the Attorney General, "all the wrong of a serious felony - has been done, but no crime has been committed. The machinery of criminal - jurisprudence cannot be used for the purpose of redressing civil wrong, - the distinction being that, by a fiction of law, crimes are wrongs against - the State, and in order to be a crime the offence must be one of those - wrongs described by the law as being against the peace and dignity of the - State. If, on the other hand, the act be simply a wrong to the citizen and - not of the class described as being offences against the State, it is no - crime, no matter how injurious it may be or how wrongful to the - individual. The entire transaction was a civil matter resulting in injury - to the citizen, Woodford, but it is no crime, and is not the proper - subject of an extradition." - </p> - <p> - The Governor turned around in his chair. "James," he said to his private - secretary, "return the application for the extradition of William Harris, - and say that upon the face of the papers it is plainly evident that no - crime has been committed." - </p> - <p> - The blow which Fate had sought to deliver with such malicious cunning - against the confidential clerk of Beaumont, Milton, & Company had been - turned aside, and had fallen with all its crushing weight upon the - shoulders of another man, five hundred miles to westward, within the - jurisdiction of a distant commonwealth. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0021" id="link2H_4_0021"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - IV—THE ERROR OF WILLIAM VAN BROOM - </h2> - <p> - <i>[The lawyer will at once see that the false making of this paper is no - forgery, and that no crime has been committed. See the Virginia case of - Foulke in 2 Robinson's Virginia Reports, 836; the case of Jackson vs. - Weisiger, 11 Ky. (Monroe Reports), 214; and the later case of Charles - Waterman vs. The People, 67 111., 91.]</i> - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0022" id="link2H_4_0022"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - I. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>HE morning paper - contained this extravagant personal: "Do not suicide. If you are a - non-resident of New York in difficulty, at nine to-night walk east by the - corner of the ———— Building with a copy of this - paper in your right hand." - </p> - <p> - The conservative foreigner, unfamiliar with our great dailies, would, - perhaps, be surprised that the editor would print such a questionable - announcement in his paper, but at this time in New York the personal - column had become a very questionable directory, resorted to by all - classes of mankind for every conceivable purpose, be it gain, adventure, - or even crime; no one thought to question the propriety of such - publications. Indeed, no one stopped to consider them at all, unless he - happened to be a party in interest. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0023" id="link2H_4_0023"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - II. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">A</span> few minutes - before the hour mentioned in the above personal, a cab came rattling down - ———— - </p> - <p> - Street. The driver wore a fur-cap and a great-coat buttoned up around his - ears. As he turned the corner to the ———— - Building, he glanced down at his front wheel and brought his horses up - with a jerk. There was evidently something wrong with the wheel, for he - jumped down from the box to examine it. He shook the wheel, took off the - tap, and began to move the hub carefully out toward the end of the axle. - As he worked he kept his eyes on the corner. Presently a big, plainly - dressed man walked slowly down by the building. He carried a half-open - newspaper in his right hand and seemed to be keeping a sharp lookout - around him. He stopped for a moment by the carriage, satisfied himself - that it was empty, and went on. At the next corner he climbed up on the - seat of the waiting patrol wagon and disappeared. - </p> - <p> - The cabman seemed to be engrossed with the repair of his wheel and gave no - indication that he had seen the stranger. Almost immediately thereafter a - second man passed the corner with a newspaper in prominent evidence. He - was a "hobo" of the most pronounced type and marched by with great - difficulty. After he had passed, he turned round and threw the newspaper - into the gutter with a volley of curses. - </p> - <p> - The cabman worked on at his wheel. He had now removed it to the end of the - axle and was scraping the boxing with his knife. At this moment a young - man wearing a gray overcoat and a gray slouch hat came rapidly down the - street. At the corner he put his hand quickly into his overcoat pocket, - took out a newspaper, and immediately thrust it into his other pocket. The - cabman darted across the street and touched him on the shoulder. The man - turned with a quick, nervous start. The cabman took off his cap, said - something in a low tone, and pointed to his wheel. The two men crossed to - the carriage. The cabman held the axle and the stranger slipped the wheel - into place, while the two talked in low tones. When it was done, the - stranger turned round, stepped up on the pavement, and hurried on by the - building. The cabman shut his door with a bang, climbed up on his box, and - drove rapidly down ———— Street. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0024" id="link2H_4_0024"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - III. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">P</span>arks," said - Randolph Mason, taking off his great-coat in the private office, "who - wanted to see me at this unusual hour?" - </p> - <p> - "He was a Philadelphia man, he said, sir," answered the little melancholy - clerk. - </p> - <p> - "Well," said Mason, sharply, "did he expect to die before morning that I - should be sent for in the middle of the night?" - </p> - <p> - "He said that he would leave at six, sir, and must see you as soon as - possible, so I thought I had best send for you." - </p> - <p> - "He is to be here at ten, you say?" - </p> - <p> - "At ten, sir," answered the little man, going out into the other office - and closing the door behind him. When the door was closed, Parks went over - to a corner of the room, took up a hackman's overcoat and fur cap, put - them into one of the bookcases and locked the sliding top. Then he went - quietly out of the room and down the steps to the entrance of the - building. - </p> - <p> - In the private office Randolph Mason walked backward and forward with his - hands in his pockets. He was restless and his eyes were bright. - </p> - <p> - "Another weakling," he muttered, "making puny efforts to escape from - Fate's trap, or seeking to slip from under some gin set by his fellows. - Surely, the want of resources on the part of the race is utter, is - abysmal. What miserable puppets men are! moved backward and forward in - Fate's games as though they were strung on a wire and had their bellies - filled with sawdust! Yet each one has his problem, and that is the - important matter. In these problems one pits himself against the - mysterious intelligence of Chance,—against the dread cunning and the - fatal patience of Destiny. Ah! these are worthy foemen. The steel grates - when one crosses swords with such mighty fencers." - </p> - <p> - There was a sound as of men conversing in low tones in the outer office. - Mason stopped short and turned to the door. As he did so, the door was - opened from the outside and a man entered, closed the door behind him, and - remained standing with his back against it. - </p> - <p> - Randolph Mason looked down at the stranger sharply. The man wore a gray - suit and gray overcoat; he was about twenty-five, of medium height, with a - clean-cut, intelligent face that was peculiar; originally it had expressed - an indulgent character of unusual energy. Now it could not be read at all. - It was simply that silent, immobile mask so sought after by the high-grade - criminal. His face was white, and the perspiration, was standing out on - his forehead, indicating that he was laboring under some deep and violent - emotion. Yet, with all, his manner was composed and deliberate, and his - face gave no sign other than its whiteness; it was calm and - expressionless, as the face of the dead. - </p> - <p> - Randolph Mason dragged a big chair up to his desk, sat down in his office - chair and pointed to the other. The stranger came and sat down in the big - chair, gripping its arms with his hands, and without introduction or - comment began to talk in a jerky, metallic voice. - </p> - <p> - "This is all waste of time," he said. "You won't help me. There is no - reason for my being here. I should have had it over by this time, and yet - that would not help her, and she is the only one. It would be the meanest - kind of cowardice to leave her to suffer; and yet I dare not live to see - her suffer, I could not bear that. I love her too much for that, I——" - </p> - <p> - "Sir," said Mason, brutally, "this is all irrelevant rant. Come to the - point of your difficulty." - </p> - <p> - The stranger straightened up and passed his hand across his forehead. - "Yes," he said, "you are right, sir; it is all rant. I forget where I am. - I will be as brief and concise as possible. - </p> - <p> - "My name is Camden Gerard. I am a gambler by profession. My mother died - when I was about ten years old and my father, then a Philadelphia lawyer, - found himself with two children, myself and my little sister, a mere baby - in arms. He sent me to one of the eastern colleges and put the baby in a - convent. Thus things ran on for perhaps ten or twelve years. The evil - effect of forcing me into a big college at an early age soon became - apparent I came under the influence of a rapid and unscrupulous class and - soon became as rapid and unscrupulous as the worst. I went all the paces - and gradually became an expert college gambler of such high order that I - was able to maintain myself. At about twelve my sister Marie began to show - remarkable talent as an artist and my father, following her wishes, took - her to Paris and placed her in one of the best art schools of that city. - In a short time thereafter my father died suddenly, and it developed after - investigation that he had left no estate whatever. I sold the books and - other personal effects, and found myself adrift in the world with a few - hundred dollars, no business, no profession, and no visible means of - support, and, further, I had this helpless child to look after. - </p> - <p> - "I went to supposed friends of my father and asked them to help me into - some business by which I could maintain myself and my little sister. They - promised, but put me off with one excuse after another, until I finally - saw through their hypocrisy and knew that they never intended to assist - me. I felt, indeed, that I was adrift, utterly helpless and friendless, - and the result was, that I resorted to my skill as a gambler for the - purpose of making a livelihood. For a time fortune favored me, and I lived - well, and paid all the college expenses of Marie. I was proud of the - child. She was sweet and lovable, and developing into a remarkably - handsome girl. About two months ago, my luck turned sharply against me; - everything went wrong with long jumps. Night after night I was beaten. - Anybody broke me, even the 'tender-feet,' I gathered together every dollar - possible and struggled against my bad fortune, but to no purpose. I only - lost night after night. In the midst of all, Marie wrote to me for money - to pay her quarterly bills. I replied that I would send it in a short - time. I pawned everything, begged and borrowed and struggled, and resorted - to every trick and resource of my craft; but all was utterly vain and - useless. I was penniless and stranded. On the heels of it all, I to-day - received another letter from Marie, saying that her bills must be paid by - the end of the month, or they would turn her out into the city." - </p> - <p> - His voice trembled and the perspiration poured out on his forehead. "You - know what it means for a helpless young girl to be turned out in Paris," - he went on; "I know, and the thought of it makes me insanely desperate. - Now," said the man, looking Mason squarely in the eyes, "I have told you - all the truth. What am I to do?" - </p> - <p> - For a time Mason's face took on an air of deep abstraction. "This is - Saturday night," he said, as though talking to himself. "You should - complete it by Friday. There is time enough." - </p> - <p> - "Young man," he continued, speaking clearly and precisely, "you are to - leave New York for West Virginia to-morrow morning. A messenger boy will - meet you at the train, with a package of papers which I shall send. In it - you will find full instructions and such things as you will need. These - instructions you are to follow to the very letter. Everything will depend - on doing exactly as I say, but," he continued, with positive and - deliberate emphasis, "this must not fail." - </p> - <p> - The man arose and drew a deep breath. "It will not fail," he said; "I will - do anything to save her from disgrace,—anything." Then he went out. - </p> - <p> - At the entrance of the building Parks stepped up and touched the stranger - on the shoulder. "My friend," he said, "I will bring those papers myself, - and I will see that you have sufficient money to carry this thing through. - But remember that I am not to be trifled with. You are to come here just - as soon as you return." - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0025" id="link2H_4_0025"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - IV. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">S</span>hortly before noon - on Monday morning, Camden Gerard stepped into the jewelry establishment of - William Van Broom, in the city of Wheeling, and asked for the proprietor. - That gentleman came forward in no very kindly humor. Upon seeing the well - dressed young man, he at once concluded that he was a high-grade jewel - drummer, and being a practical business man, he was kindly at sales and - surly at purchases. - </p> - <p> - "This is Mr. Van Broom, I believe," said the young man. "My name is - Gerard. I am from New York, sir." Then noticing the jeweller's expression, - he added, quickly: "I am not a salesman, sir, and am not going to consume - your time. I am in West Virginia on business, and stepped in here to - present a letter of introduction which my friend, Bartholdi, insisted upon - writing." - </p> - <p> - The affability of the jeweller returned with a surge. He bowed and beamed - sweetly as he broke the seal of the letter of introduction. The paper bore - the artistic stamp of Bartholdi and Banks, the great diamond importers, - and ran as follows: - </p> - <p> - "William Van Broom, Esq., - </p> - <p> - "Wheeling, West Va. - </p> - <p> - "Dear Sir: - </p> - <p> - "This will introduce Mr. Camden Gerard. Kindly show him every possible - courtesy, for which we shall be under the greatest obligations. - </p> - <p> - "Most sincerely your obedient servants, - </p> - <p> - "Bartholdi and Banks" - </p> - <p> - The jeweller's eyes opened wide with wonder. He knew this firm to be the - largest and most aristocratic dealers in the world. It was much honor, and - perhaps vast benefit, to be of service to them, and he was flattered into - the seventh heaven. - </p> - <p> - "I am indeed glad to meet you, sir," he said, seizing the man's hand and - shaking it vigorously. "I certainly hope that I can be of service. It is - now near twelve; you will come with me to lunch at the club?" - </p> - <p> - "I thank you very much," answered Camden Gerard, "but I am compelled to go - to the Sistersville oil field on the noon train. However, I will return at - eight, and shall expect you to dine with me at the hotel." - </p> - <p> - The jeweller accepted the invitation with ill-concealed delight. The young - man thanked him warmly for his kindly interest, bade him good-day, and - went out. - </p> - <p> - That night at eight, Camden Gerard and Mr. William Van Broom dined in the - best style the city could afford. The wine was excellent and plentiful, - and Gerard proved to be most entertaining. He was brilliant and - considerate to such a degree, that when the two men parted for the night - the jeweller assured himself that he had never met a more delightful - companion. - </p> - <p> - The following morning Camden Gerard dropped into the store for a few - moments, and while conversing with his friend Van Broom, noticed a little - ring in the show window. He remarked on its beauty, and intimated that he - must purchase a birthday present for his little daughter. The jeweller - took the ring from the case and handed it to Gerard. That gentleman - discovered that it was far prettier than he had at first imagined it, and - inquired the price. - </p> - <p> - "It is marked at twenty-five dollars," said the jeweller. - </p> - <p> - "Why," said Camden Gerard, "that is very cheap; I will take it." - </p> - <p> - The jeweller wrapped up the ring and gave it to the New Yorker. That - gentleman paid the money and returned to his hotel. - </p> - <p> - The next day Camden Gerard was presumably down in the great Tyler County - oil field. At any rate he returned to the city on the evening train and - dined with Van Broom at the club. As the evening waned, the men grew - confidential. Gerard spoke of the vast fortunes that were made in oil. He - said that the West Virginia fields were scarce half developed, but that - they had already attracted the attention of the great Russian companies - and that gigantic operations might be soon expected. He denounced the - autocratic policy of the Czar in regard to oil transportation, and hinted - vaguely at vast international combines. He spoke of St. Petersburg and the - larger Russian cities; of the manners and customs of the nobility; of - their vast fortunes, and their very great desire to invest in America. He - intimated vaguely that there now existed in New York a colossal syndicate - backed by unlimited Russian capital, but he gave the now excited and - curious jeweller no definite information concerning himself or his - business in West Virginia, shrewdly leaving Van Broom to draw his own - inferences. - </p> - <p> - It was late when William Van Broom retired to his residence. He was happy - and flattered, and with reason. Had he not been selected by the great firm - of Bartholdi & Banks to counsel with one who, he strongly suspected, - was the private agent of princes? - </p> - <p> - About two o'clock on the following Thursday afternoon, Mr. Camden Gerard - called upon William Van Broom and said that he wished to speak with him in - his private office. The New Yorker was soiled and grimy, and had evidently - just come from a train, but he was smiling and in high spirits. - </p> - <p> - When the two men were alone in the private office, Camden Gerard took a - roll of paper from his pocket, and turned to Van Broom. "Here are some - papers," he said, speaking low that he might not be overheard. "I have no - secure place to put them, and I would be under great obligations to you if - you would kindly lock them up in your safe." - </p> - <p> - "Certainly," said the jeweller, taking the papers and crossing to the - safe. He threw back the door and pulled out one of the little boxes. It - contained an open leather case in which there was a magnificent diamond - necklace. - </p> - <p> - "By George!" said Camden Gerard, "those are splendid stones." - </p> - <p> - "Yes," answered Van Broom, taking out the case and handing it to the New - Yorker. "They are too valuable for my trade; I am going to return them." - </p> - <p> - Camden Gerard carried the necklace to the light and examined it - critically. The stones were not large but they were clear and flawless. - </p> - <p> - "What are these worth?" he said, turning to Van Broom. - </p> - <p> - "Thirty-five hundred dollars," answered the jeweller. - </p> - <p> - "What!" cried Gerard, "only thirty-five hundred dollars for this necklace? - It is the cheapest thing I ever saw. You are away under the foreign - dealers." - </p> - <p> - "They are cheap," said Van Broom. "That is almost the wholesale price." - </p> - <p> - "But," said Camden Gerard, "you must be mistaken. Your mark is certainly - wrong. I have seen smaller stones in the Russian shops for double the - price." - </p> - <p> - "We can't sell the necklace at that figure," said Van Broom, smiling. "We - are not such sharks as your foreign dealers." - </p> - <p> - "If you mean that," said Camden Gerard, "I will buy these jewels here and - now. I had intended purchasing something in the east for my wife, but I - can never do better than this." - </p> - <p> - The New Yorker took out his pocket-book and handed Van Broom a bill. - "Before you retract," he said, "here is fifty to seal the bargain. Get - your hat and come with me to the bank." - </p> - <p> - "All right," said Mr. Van Broom, taking the money. "The necklace is yours, - my friend." Camden Gerard closed the leather case and put it into his - pocket. The jeweller locked the safe, put on his hat, and the two went out - of the store and down the street to the banking house of the Mechanics' - Trust Company. Mr. Gerard enquired for the cashier. The teller informed - him that the cashier was in the back room of the bank and if he would step - back he could see him. The New Yorker asked his companion to wait for a - moment until he spoke with the cashier. Then he went back into the room - indicated by the teller, closing the door after him. - </p> - <p> - The cashier sat at a table engaged with a pile of correspondence. He was - busy and looked up sharply as the man entered. - </p> - <p> - "Sir," said the New Yorker, "have you received a sealed package from the - Adams Express Company consigned to one Camden Gerard?" - </p> - <p> - "No," answered the cashier, turning to his work. - </p> - <p> - "You have not?" repeated Gerard, excitedly, "then I will run down to the - telegraph office and see what is the matter." Thereupon he crossed - hurriedly to the side door of the office, opened it and stepped out into - the street. The cashier went on with his work. - </p> - <p> - For perhaps a quarter of an hour William Van Broom waited for his - companion to conclude his business with the cashier. Finally he grew - impatient and asked the teller to remind Mr. Gerard that he was waiting. - The teller returned in a moment and said that the gentleman had gone to - the telegraph office some time ago. The jeweller's heart dropped like a - lead plummet. He turned without a word and hurried to the office of the - Western Union. Here his fears were confirmed, Camden Gerard had not been - in the office. He ran across the street to the hotel and enquired for the - New Yorker. The clerk informed him that the gentleman had paid his bill - and left the hotel that morning. The jeweller's anxiety was at fever heat, - but with all he was a man of business method and knew the very great value - of silence. He called a carriage, went to the chief of police, and set his - machinery in motion. Returning to his place of business he opened the safe - and took out the package of papers which Camden Gerard had given him. Upon - examination this proved to be simply a roll of blank oil leases. Then - remembering the letter of introduction, he telegraphed to Bartholdi & - Banks. Hours passed and not the slightest trace of Camden Gerard could be - found. The presumed friend of the great diamond importers had literally - vanished from the face of the earth. - </p> - <p> - About four o'clock the jeweller received an answer from Bartholdi & - Banks, stating that they knew no such man as Camden Gerard and that his - letter of introduction was false. Mr. William Van Broom was white with - despair. He put the letter and answer into his pocket and went at once to - the office of the prosecuting attorney for the State and laid the whole - matter before him. - </p> - <p> - "My dear sir," said that official, when Mr. Van Broom had finished his - story, "your very good friend Camden Gerard owes you thirty-four hundred - and fifty dollars, which he will perhaps continue to owe. You may as well - go back to your business." - </p> - <p> - "What do you mean?" said the jeweller. - </p> - <p> - "I mean," replied the attorney, "that you have been the dupe of a shrewd - knave who is familiar with the weak places in the law and has resorted to - an ingenious scheme to secure possession of your property without - rendering himself liable to criminal procedure. It is true that if the - diamonds were located you could attach and recover them by a civil suit, - but it is scarcely possible that such a shrewd knave would permit himself - to be caught with the jewels, and it is certain that he has some - reasonably safe method by which he can dispose of them without fear of - detection. He has trapped you and has committed no crime. If you had the - fellow in custody now, the judge would release him the moment an - application was made. The entire matter was only a sale. He bought the - jewels and you trusted him. He is no more a law-breaker than you are. He - is only a sharper dealer." - </p> - <p> - "But, sir," cried the angry Van Broom, spreading the false letter out on - the table, "that is forged, every word of it. I will send this fellow to - the penitentiary for forgery. I will spend a thousand dollars to catch - him." - </p> - <p> - "If you should spend a thousand dollars to catch him," said the attorney, - smiling, "you would never be able to send him to the penitentiary on that - paper. It is not forgery." - </p> - <p> - "Not forgery!" shouted the jeweller, "not forgery, man! The rascal wrote - every word of that letter. He signed the name of Bartholdi & Banks at - the bottom of it. Every word of that paper is false. The company never - heard of it. Here is their telegram." - </p> - <p> - "Mr. Van Broom," said the public prosecutor, "listen to me, sir. All that - you say is perhaps true. Camden Gerard doubtless wrote the entire paper - and signed the name of Bartholdi & Banks, and presented it to you for - a definite purpose. To such an act men commonly apply the term forgery, - and in the common acceptation of the word it is forgery and a - reprehensible wrong; but legally, the false making of such a paper as this - is not forgery and is no crime. In order to constitute the crime of - forgery, the instrument falsely made must be apparently capable of - effecting a fraud, of being used to the prejudice of another's right. It - must be such as might be of legal efficacy, or might be the foundation of - some legal liability. - </p> - <p> - "This paper in question, although falsely made, has none of the vital - elements of forgery under the law. If genuine, it would have no legal - validity, as it affects no legal rights. It would merely be an attempt to - receive courtesies on a promise, of no legal obligation, to reciprocate - them; and courtesies have never been held to be the subject of legal - fraud. This is a mere letter of introduction, which, by no possibility, - could subject the supposed writer to any pecuniary loss or legal - liability. It is not a subject of forgery, and its false making is no - crime. - </p> - <p> - "Men commonly believe that all writings falsely made or falsely altered - are forgeries. There was never a greater error. Forgery may be committed - only of those instruments in writing which, if genuine, would, or might - appear as the foundation of another man's liability, or the evidence of - his right. All wrongful and injurious acts are not punished by the law. - Wrongs to become crimes must measure up to certain definite and technical - standards. These standards are laid down rigidly by the law and cannot be - contracted or expanded. They are fixed and immutable. The act done must - fit closely into the prescribed measure, else it is no crime. If it falls - short, never so little, in any one vital element, the law must, and will, - disregard it as criminal, no matter how injurious, or wrongful, or unjust - it may be. The law is a rigid and exact science." - </p> - <p> - Mr. William Van Broom dropped his hands to his sides and gazed at the - lawyer in wonder. - </p> - <p> - "These facts," continued the attorney, in his clear, passionless voice, - "are matters of amazement to the common people when brought to their - attention. They fail to see the wise but technical distinctions. They are - willing to trust to what they are pleased to call common-sense, and, - falling into traps laid by the cunning villain, denounce the law for - impotency." - </p> - <p> - "Well," said the jeweller, as he arose and put on his overcoat, "what is - the good of the law anyhow?" - </p> - <p> - The prosecuting attorney smiled wearily. To him the wisdom of the law was - clear, beautiful, and superlatively just. To the muddy-headed tradesman it - was as color to the blind. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0026" id="link2H_4_0026"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - V. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">O</span>ver in the art - school of old Monsieur Pontique, Marie Gerard saw the result of the entire - matter in the light of kindness and sweet self-sacrifice; and perhaps she - saw it as it was. This is a queer world indeed. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0027" id="link2H_4_0027"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - V—THE MEN OF THE JIMMY - </h2> - <p> - <i>[See Ranney vs. The People, 22 N.Y.R., 413; Scott vs. The People, 66 - Barb. [N.Y], 62; The People vs. Blanchard, 90 N. Y. Repts., 314. Also, Rex - vs. Douglas, 2 Russell on Crimes, 624, and other cases there cited.]</i> - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0028" id="link2H_4_0028"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - I. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">P</span>ARKS," said - Randolph Mason, "has Leslie Wilder a country place on the Hudson?" - </p> - <p> - "Yes, sir," replied the bald little clerk. "It is at Cliphmore, I think, - sir." - </p> - <p> - "Well," said Mason, "here is his message, Parks, asking that I come to him - immediately. It seems urgent and probably means a will. Find out what time - a train leaves the city and have a carriage." - </p> - <p> - The clerk took the telegram, put on his coat, and went down on the street. - It was cold and snowing heavily. The wind blew up from the river, driving - the snow in great, blinding sheets. The melancholy Parks pulled his hat - down over his face, walked slowly round the square, and came back to the - entrance of the office building. Instead of taking the elevator he went - slowly up the steps into the outer office. Here he took off his coat and - went over to the window, and stood for some minutes looking out at the - white city. - </p> - <p> - "At any rate he will not suspect me," he muttered, "and we must get every - dollar possible while we can. He won't last always." - </p> - <p> - At this moment a carriage drove up and stopped by the curb. Parks turned - round quickly and went into Mason's private office. "Sir," he said, "your - train leaves at six ten, and the carriage is waiting." - </p> - <p> - When Randolph Mason stepped from the train at the little Cliphmore - station, it was pitch dark, and the snow was sweeping past in great waves. - He groped his way to the little station-house and pounded on the door. - There was no response. As he turned round a man stepped up on the - platform, pulled off his cap, and said, "Excuse me, sir, the carriage is - over here, sir." Mason followed the man across the platform, and up what - seemed to be a gravel road for perhaps twenty yards. Here they found a - closed carriage. The man threw open the door, helped Mason in, and closed - it, forcing the handle carefully. Then he climbed up in front, struck the - horses, and drove away. - </p> - <p> - For perhaps half an hour the carriage rattled along the gravel road, and - Mason sat motionless. Suddenly he leaned over, turned the handle of the - carriage door, and jerked it sharply. The door did not open. He tucked the - robes around him and leaned back in the seat, like a man who had convinced - himself of the truth of something that he suspected. Presently the - carriage began to wobble and jolt as though upon an unkept country road. - The driver pulled up his horses and allowed them to walk. The snow drifted - up around him and he seemed to have great difficulty in keeping to the - road Presently he stopped, climbed down from the box and attempted to open - the door. He apparently had some difficulty, but finally threw it back and - said: "Dis is de place, sir." - </p> - <p> - Randolph Mason got out and looked around him. "This may be the place," he - said to the man, "but this is not Wilder's."' - </p> - <p> - "I said dis here is de place," answered the man, doggedly. - </p> - <p> - "Beyond a doubt," said Mason, "and since you are such a cunning liar I - will go in." - </p> - <p> - The driver left the horses standing and led the way across what seemed to - be an unkept lawn, Mason following. A house loomed up in the dark before - them. The driver stopped and rapped on the door. There was no light - visible and no indication of any inhabitant. The driver rapped again - without getting any response. Then he began to curse, and to kick the door - violently. - </p> - <p> - "Will you be quiet?" said a voice from the inside, and the door opened. - The hall-way was dark, and the men on the outside could not see the - speaker. - </p> - <p> - "Here is de man, sir," said the driver. - </p> - <p> - "That is good," replied the voice; "come in." - </p> - <p> - The two men stepped into the house. The man who had bid them enter closed - the door and bolted it. Then he took a lantern from under his coat and led - them back through the hall to the rear of the building. The house was - dilapidated and old, and had the appearance of having been deserted for - many years. - </p> - <p> - The man with the lantern turned down a side hall, opened a door, and - ushered Mason into a big room, where there was a monster log fire blazing. - </p> - <p> - This room was dirty and bare. The windows were carefully covered from the - inside, so as to prevent the light from being seen. There was no furniture - except a broken table and a few old chairs. At the table sat an old man - smoking a pipe. He had on a cap and overcoat, and was studying a newspaper - spread out before him. He seemed to be spelling out the words with great - difficulty, and did not look up. Randolph Mason took off his great-coat, - threw it over a chair, and seated himself before the fire. The man with - the lantern placed it on the mantel-shelf, took up a short pipe, and - seating himself on a box by the hearth corner, began to smoke. He was a - powerful man, perhaps forty years old, clean and decently dressed. His - forehead was broad. His eyes were unusually big and blue. He seemed to be - of considerable intelligence, and his expression, taken all in all, was - innocent and kindly. - </p> - <p> - For a time there was nothing said. The driver went out to look after his - horses. The old man at the table labored on at his newspaper, and Randolph - Mason sat looking into the fire. Suddenly he turned to the man at his - left. "Sir," said he "to what difficulty am I indebted for this honor?" - </p> - <p> - "Well," said the man, putting his pipe into his pocket, "the combination - is too high for us this time; we can't crack it. We knew about you and - sent for you." - </p> - <p> - "Your plan for getting me here does little credit to your wits," said - Mason; "the trick is infantile and trite." - </p> - <p> - "But it got you here anyhow," replied the man. - </p> - <p> - "Yes," said Mason, "when the dupe is willing to be one. But suppose I had - rather concluded to break with your driver at the station? It is likewise - dangerous to drive a man locked in a carriage when he may easily kill you - through the window." - </p> - <p> - "Trow on de light, Barker," said the old man at the table; "what is de use - of gropin'?" - </p> - <p> - "Well," said the younger man, "the fact is simply this: The Boss and Leary - and a 'supe' were cracking a safe out in the States. They were tunnelling - up early in the morning, when the 'supe' forced a jimmy through the floor. - The bank janitor saw it, and they were all caught and sent up for ten - years. We have tried every way to get the boys out, but have been unable - to do anything at all, until a few days ago we discovered that one of the - guards could be bribed to pass in a kit, and to hit the 'supe' if there - should be any shooting, if we could put up enough stuff. He was to be - discharged at the end of his month anyway, and he did not care. But he - would not move a finger under four thousand dollars. We have been two - weeks trying to raise the money, and have now only twelve hundred. The - guard has only a week longer, and another opportunity will not occur - perhaps in a lifetime. We have tried everything, and cannot raise another - hundred, and it is our only chance to save the Boss and Leary." - </p> - <p> - "Dat is right," put in the old man; "it don't go at all wid us, we is - gittin' trowed on it, and dat is sure unless dis gent knows a good ting to - push, and dat is what he is here fur, to name de good ting to push. Dat is - right, dat 's what we 's got to have, and we 's got to have it now. We - don't keer no hell-room fur de 'supe,' it's de Boss and Leary we wants." - </p> - <p> - Randolph Mason got up and stood with his back to the fire. The lines of - his face grew deep and hard. Presently he thrust out his jaw, and began to - walk backward and forward across the room. - </p> - <p> - "Barker," muttered the old man, looking up for the first time, "de guy has - jimmy iron in him." - </p> - <p> - The blue-eyed man nodded and continued to watch Mason curiously. Suddenly, - as he passed the old man at the table, Mason stopped short and put his - finger down on the newspaper. The younger man leaped up noiselessly, and - looking over Mason's shoulder read the head-lines under his finger. - "Kidnapped," it ran. "The youngest son of Cornelius Rockham stolen from - the millionaire's carriage. Large rewards offered. No clew." - </p> - <p> - "Do you know anything about this?" said Mason, shortly. - </p> - <p> - "Dat 's de hell," replied the old man, "we does n't." - </p> - <p> - Mason straightened up and swung round on his heel. "Sir," he said to the - man Barker, "are you wanted in New York?" - </p> - <p> - "No," he replied, "I am just over; they don't know me." - </p> - <p> - "Good," said Mason, "it is as plain as a blue print. Come over here." - </p> - <p> - The two crossed to the far corner of the room. There Mason grasped the man - by the shoulder and began to talk to him rapidly, but in a voice too low - to be heard by the old man at the table. "Smoove guy, dis," muttered the - old man. "He may be fly in de nut, but he takes no chances on de large - audejence." - </p> - <p> - For perhaps twenty minutes Randolph Mason talked to the man at the wall. - At first the fellow did not seem to understand, but after a time his face - lighted up with wonder and eagerness, and his assurance seemed to convince - the speaker, for presently they came back together to the fire. - </p> - <p> - "You," said Mason to the old man, "what is your name?" - </p> - <p> - "It cuts no ice about de label," replied the old man, pulling at his pipe. - "Fur de purposes of dis seeyance I am de Jook of Marlbone." - </p> - <p> - "Well," said Mason, putting on his coat, "Mr. Barker will tell your - lordship what you are to do." - </p> - <p> - The big blue-eyed man went out and presently returned with the carriage - driver. "Mr. Mason," he said, "Bill will drive you to the train and you - will be in New York by twelve." - </p> - <p> - "Remember," said Mason, savagely, turning around at the door, "it must be - exactly as I have told you, word for word." - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0029" id="link2H_4_0029"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - II - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">I</span> tell you," said - Cornelius Rockham, "it is the most remarkable proposition that I have ever - heard." - </p> - <p> - "It is strange," replied the Police Chief, thoughtfully. "You say the - fellow declared that he had a proposition to make in regard to the child, - and that he refused to make it save in the presence of witnesses." - </p> - <p> - "Yes, he actually said that he would not speak with me alone or where he - might be misunderstood, but that he would come here to-night at ten and - State the matter to me and such reliable witnesses as I should see fit to - have, not less than three in number; that a considerable sum of money - might be required, and that I would do well to have it in readiness; that - if I feared robbery or treachery, I should fill the house with policemen, - and take any and every precaution that I thought necessary. In fact, he - urged that I should have the most reliable men possible for witnesses, and - as many as I desired, and that I must avail myself of every police - protection in order that I might feel amply and thoroughly secure." - </p> - <p> - "Well," said the Police Chief, "if the fellow is not straight he is a - fool. No living crook would ever make such a proposition." - </p> - <p> - "So I am convinced," replied Mr. Rockham. "The precautions he suggests - certainly prove it. He places himself absolutely in our hands, and knows - that if any crooked work should be attempted we have everything ready to - thwart it; that there is nothing that he could accomplish, and he would - only be placing himself helplessly in the grasp of the police. However, we - will not fail to avail ourselves of his suggestion. You will see to it, - Chief?" - </p> - <p> - "Yes," said the officer, rising and putting on his coat. "We will give him - no possible chance. It is now five. I will send the men in an hour." - </p> - <p> - At ten o'clock that night, the palatial residence of Cornelius Rockham was - in a state of complete police blockade. All the approaches were carefully - guarded. The house itself, from the basement to the very roof, literally - swarmed with the trusted spies of the police. The Chief felt indeed that - his elaborate precautions were in a vast measure unnecessary. He was not a - quick man, but he was careful after a ponderous method, and trusted much - to precautionary safeguards. - </p> - <p> - Cornelius Rockham, the Chief, and two sergeants in citizen's dress, were - waiting. Presently the bell rang and a servant ushered a man into the - room. He was big and plainly dressed. His hair was brown and his eyes were - blue, frank and kindly and his expression was pleasant and innocent, - almost infantile. - </p> - <p> - "Good-evening, gentlemen," he said, "I believe I am here by appointment - with Mr. Rockham." - </p> - <p> - "Yes," replied Cornelius Rockham, rising, "pray be seated, sir. I have - asked these gentlemen to be present, as you suggested." - </p> - <p> - "Your time is valuable, no doubt," said the man, taking the proffered - chair, "and I will consume as little of it as possible. My name is Barker. - I am a comparative stranger in this city, and by pure accident am enabled - to make the proposition which I am going to make. Your child has been - missing now for several days, I believe, without any clew whatever. I do - not know who kidnapped it, nor any of the circumstances. It is now - half-past ten o'clock. I do not know where it is at this time, and I could - not now take you to it. At eleven o'clock to-night, I shall know where it - is, and I shall be able to take you to it. But I need money, and I must - have five thousand dollars to compensate me for the information." - </p> - <p> - The man paused for a moment, and passed his hand across his forehead. - "Now," he went on, "to be perfectly plain. I will not trust you, and you, - of course, will not trust me. In order to insure good faith on both sides, - I must ask that you pay me the money here, in the presence of these - witnesses, then handcuff me to a police officer, and I will take you to - the child at eleven o'clock. You may surround me with all the guards you - think proper, and take every precaution to insure your safety and prevent - my escape. You will pardon my extreme frankness, but business is business, - and we all know that matters of this kind must be arranged beforehand. Men - are too indifferent after they get what they want." Barker stopped short, - and looked up frankly at the men around him. - </p> - <p> - Cornelius Rockham did not reply, but his white, haggard face lighted up - hopefully. He beckoned to the Police Chief, and the two went into an - adjoining room. - </p> - <p> - "What do you think?" said Rockham, turning to the officer. - </p> - <p> - "That man," replied the Chief, "means what he says, or else he is an - insane fool, and he certainly bears no indication of the latter. It is - evident that he will not open his mouth until he gets the money, for the - reason that he is afraid that he will be ignored after the child is - recovered. I do not believe there is any risk in paying him now, and doing - as he says; because he cannot possibly escape when fastened to a sergeant, - and if he proves to be a fake, or tries any crooked work, we will return - the money to you and lock him up." - </p> - <p> - "I am inclined to agree with you," replied Rockham; "the man is eccentric - and suspicious, but he certainly will not move until paid, and we have no - charge as yet upon which to arrest him. Nor would it avail us anything if - we did. There is little if any risk, and much probability of learning - something of the boy. I will do it." - </p> - <p> - He went down to the far end of the hall and took a package of bills from a - desk. Then the two men returned to the drawing-room. - </p> - <p> - "Sir," said Rockham to Barker, "I accept your proposition, here is the - money, but you must consider yourself utterly in our hands. I am willing - to trust you, but I am going to follow your suggestion." - </p> - <p> - "A contract is a contract," replied Barker, taking the money and counting - it carefully. When he had satisfied himself that the amount was correct he - thrust the roll of bills into his outside coat-pocket. - </p> - <p> - "It is now fifteen minutes until eleven," said the Police Chief, stepping - up to Barker's chair, "and if you are ready we will go." - </p> - <p> - "I am ready," said the man, getting up. - </p> - <p> - The Police Chief took a pair of steel handcuffs from his pocket, locked - one part of them carefully on Barker's left wrist and fastened the other - to the right wrist of the sergeant. Then they went out of the house and - down the steps to the carriages. - </p> - <p> - The Police Chief, Barker, and the sergeant climbed into the first - carriage, and Mr. Rockham and the other officer into the second. - </p> - <p> - "Have your man drive to the Central Park entrance," said Barker to the - Chief. The officer called to the driver and the carriages rolled away. At - the west entrance to Central Park the men alighted. - </p> - <p> - "Now, gentlemen," said Barker, "we must walk west to the second corner and - wait there until a cab passes from the east. The cab will be close - curtained and will be drawn by a sorrel cob. As it passes you will dart - out, seize the horse, and take possession of the cab. You will find the - child in the cab, but I must insist for my own welfare, that you make - every appearance of having me under arrest and in close custody." - </p> - <p> - The five men turned down the street in the direction indicated. Mr. - Rockham and one of the officers in the front and the other two following - with Barker between them. For a time they walked along in silence. Then - the Police Chief took some cigars from his pocket, gave one to the - sergeant, and offering them to Barker said, "Will you smoke, sir?" - </p> - <p> - "Not a cigar, I thank you," replied the man, "but if you will permit me I - will light my pipe." The two men stopped. Barker took a short pipe and a - pouch of tobacco from his pocket, filled the pipe and lighted it; as he - was about to return the pouch to his coat pocket, an old apple-woman, - hobbling past, caught the odor and stopped. - </p> - <p> - "Fur de love of Hivin, Mister," she drawled, "give me a pipe uv yer - terbaccy?" Barker laughed, tossed her the pouch, and the three hurried on. - </p> - <p> - At the corner indicated the men stopped. The Police Chief examined the - handcuffs carefully to see that they were all right; then they drew back - in the shadow and waited for the cab. Eleven o'clock came and passed and - the cab did not appear. Mr. Rockham paced the sidewalk nervously and the - policemen gathered close around Barker. - </p> - <p> - At half-past eleven o'clock Barker straightened up, shrugged his - shoulders, and turned to the Police Chief. "It is no use," he said, "they - are not here and they never will come now." - </p> - <p> - "What!" cried the Police Chief savagely, "do you mean that we are fooled?" - </p> - <p> - "Yes," said Barker, "all of us. It is no use I tell you, the thing is - over." - </p> - <p> - "It is not over with you, my man," growled the Chief. "Here, sergeant, get - Mr. Rockham his money and let us lock this fellow up." - </p> - <p> - The sergeant turned and thrust his hand into Barker's outside coat-pocket, - then his chin dropped and he turned white. "It is gone!" he muttered. - </p> - <p> - "Gone!" shouted Rockham; "search the rascal!" - </p> - <p> - The sergeant began to go carefully over the man. Suddenly he stopped. - "Chief," he muttered, "it was in that tobacco pouch." - </p> - <p> - The Police Chief staggered back and spun round on his heel. "Angels of - Hell!" he gasped, "it was a cute trick, and it threw us all, every one of - us." - </p> - <p> - Rockham bounded forward and brought his hand down heavily on Barker's - shoulder. "As for you, my fine fellow," he said, bitterly, "we have you - all right and we will land you in Sing Sing." - </p> - <p> - Barker was silent. In the dark the men could not see that he was smiling. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0030" id="link2H_4_0030"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - III. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he court-room of - Judge Walter P. Wright was filled with an interested audience of the - greater and unpunished criminals of New York. The application of Barker - for a <i>habeas corpus</i>, on the ground that he had committed no crime, - had attracted wide attention. It was known that the facts were not - disputed, and the proceeding was a matter of wonder. - </p> - <p> - Some days before, the case had been submitted to the learned judge. The - attorneys for the People had not been anxious enough to be interested, and - looked upon the application as a farce. The young man who appeared for - Barker announced that he represented one Randolph Mason, a counsellor, and - was present only for the purpose of asking that Barker be discharged, and - for the further purpose of filing the brief of Mason in support of the - application. He made no argument whatever, and had simply handed up the - brief, which the attorneys for the People had not thought it worth their - while to examine. - </p> - <p> - Barker sat in the dock, grim and confident. The attorneys for the - commonwealth were listless. The audience was silent and attentive. It was - a vital matter to them. If Barker had committed no crime, what a rich, - untramped field was open. The Judge laid his hand upon the books piled up - beside him and looked down at the bar. - </p> - <p> - "This proceeding," he began, "is upon the application of one Lemuel Barker - for a writ of <i>habeas corpus</i>, asking that he be discharged from - custody, upon the ground that he has committed no crime punishable at - common law or under the statutes of New York. An agreed state of facts has - been submitted, upon which he stands charged by the commonwealth with - having obtained five thousand dollars from one Cornelius Rockham by false - pretences. The facts are, briefly, that on the 17th day of December Barker - called at the residence of Rockham and said that he desired to make a - proposition looking to the recovery of the lost child of said Rockham, but - he desired to make it in the presence of witnesses, and would return at - ten o'clock that night. Pursuant to his appointment, Barker again - presented himself at the residence of said Rockham, and, in the presence - of witnesses, declared, in substance, that at that time (then ten o'clock) - he knew nothing of the said child, could not produce it, and could give no - information in regard to it, but that at eleven o'clock he would know - where the child was and would produce it; and that, if the said Rockham - would then and there pay him five thousand dollars, he would at eleven - o'clock take them to the lost child. The money was paid and the - transaction completed. - </p> - <p> - "At eleven o'clock, Barker took the men to a certain corner in the upper - part of this city, and it there developed that the entire matter was a - scheme on his part for the purpose of obtaining the said sum of money, - which he had in some manner disposed of; and that he in fact knew nothing - of the child and never intended to produce it. - </p> - <p> - "The attorneys for the People considered it idle to discuss what they - believed to be such a plain case of obtaining money under false pretences; - and I confess that upon first hearing I was inclined to believe the - proceeding a useless imposition upon the judiciary. I have had occasion to - change my opinion." - </p> - <p> - The attorneys present looked at each other with wonder and drew their - chairs closer to the table. The audience moved anxiously. - </p> - <p> - "The prisoner," continued the Judge, "has filed in his behalf the - remarkable brief of one Randolph Mason, a counsellor. This I have read, - first, with curiosity, then interest, then wonder, and, finally, - conviction. In it the crime sought to be charged is traced from the days - of the West Saxon Wights up to the present, beginning with the most - ancient cases and ending with the later decisions of our own Court of - Appeals. I have gone over these cases with great care, and find that the - vital element of this crime is, and has ever been, the false and - fraudulent representation or statement as to an <i>existing</i> or <i>past - fact</i>. Hence, no representation, however false, in regard to a <i>future</i> - transaction can be a crime. Nor can a false statement, <i>promissory</i> - in its nature, be the subject of a criminal charge. - </p> - <p> - "To constitute this crime there must always be a false representation or - statement as to a <i>fact</i>, and that <i>fact</i> must be a <i>past</i> - or an <i>existing fact</i>. These are plain statements of ancient and well - settled law, and laid here in this brief, almost in the exact language of - our courts. - </p> - <p> - "In this case the vital element of crime is wanting. The evidence fails - utterly to show false representation as to any <i>existing fact</i>. The - prisoner, Barker, at the time of the transaction, positively disclaimed - any knowledge of the child, or any ability to produce it. What he did - represent was that he would know, and that he would perform certain - things, in the future. The question of remoteness is irrelevant. It is - immaterial whether the future time be removed minutes or years. - </p> - <p> - "The false representation complained of was wholly in regard to a future - transaction, and essentially promissory in its nature, and such a wrong is - not, and never has been, held to be the foundation of a criminal charge." - </p> - <p> - "But, if your Honor please," said the senior counsel for the People, - rising, "is it not clearly evident that the prisoner, Barker, began with a - design to defraud; that that design was present and obtained at the time - of this transaction; that a representation was made to Rockham for the - purpose of convincing him that there then existed a <i>bona fide</i> - intention to produce his child; that money was obtained by false - statements in regard to this intention then existing, when in fact such - intention did not exist and never existed, and statements made to induce - Rockham to believe that it did exist were all utterly false, fraudulent, - and delusive? Surely this is a crime." - </p> - <p> - The attorney sat down with the air of one who had propounded an - unanswerable proposition. The Judge adjusted his eyeglasses and began to - turn the pages of a report. "I read," he said, "from the syllabus of the - case of The People of New York vs. John H. Blanchard. 'An indictment for - false pretences may not be founded upon an assertion of an existing - intention, although it did not in fact exist. There must be a false - representation as to an existing fact.' - </p> - <p> - "Your statement, sir, in regard to intention, in this case is true, but it - is no element of crime." - </p> - <p> - "But, sir," interposed the counsel for the People, now fully awake to the - fact that Barker was slipping from his grasp, "I ask to hold this man for - conspiracy and as a violator of the Statute of Cheats." - </p> - <p> - "Sir," said the Judge, with some show of impatience, "I call your - attention to Scott's case and the leading case of Ranney. In the former, - the learned Court announces that if the false and fraudulent - representations are not criminal there can be no conspiracy; and, in the - latter, the Court says plainly that false pretences in former statutes, - and gross fraud or cheat in the more recent acts, mean essentially the - same thing. - </p> - <p> - "You must further well know that this man could not be indicted at common - law for cheat, because no false token was used, and because in respect to - the instrumentality by which it was accomplished it had no special - reference to the public interest. - </p> - <p> - "This case is most remarkable in that it bears all the marks of a gross - and detestable fraud, and in morals is a vicious and grievous wrong, but - under our law it is no crime and the offender cannot be punished." - </p> - <p> - "I understand your Honor to hold," said the baffled attorney, jumping to - his feet, "that this man is guilty of no crime; that the dastardly act - which he confesses to have done constitutes no crime, and that he is to go - out of this court-room freed from every description of liability or - responsibility to any criminal tribunal; that the law is so defective and - its arm so short that it cannot pluck forth the offender and punish him - when by every instinct of morality he is a criminal. If this be true, what - a limitless field is open to the knave, and what a snug harbor for him is - the great commonwealth of New York!" - </p> - <p> - "I can pardon your abruptness," said the Judge, looking down upon the - angry and excited counsellor, "for the reason that your words are almost - exactly the lament of presiding Justice Mullin in the case of Scott. But, - sir, this is not a matter of sentiment; it is not a matter of morality; it - is not even a matter of right. It is purely and simply a matter of law, - and there is no law." - </p> - <p> - The Judge unconsciously arose and stood upright beside the bench. The - audience of criminals bent forward in their seats. - </p> - <p> - "I feel," he continued, "for the first time the utter inability of the law - to cope with the gigantic cunning of Evil. I appreciate the utter villainy - that pervaded this entire transaction. I am convinced that it was planned - with painstaking care by some master mind moved by Satanic impulse. I now - know that there is abroad in this city a malicious intelligence of almost - infinite genius, against which the machinery of the law is inoperative. - Against every sentiment of common right, of common justice, I am compelled - to decide that Lemuel Barker is guilty of no crime and stands acquit." - </p> - <p> - It was high noon. The audience of criminals passed out from the temple of - so-called Justice, and with them went Lemuel Barker, unwhipped and brazen; - now with ample means by which to wrest his fellows in villainy from the - righteous wrath of the commonwealth. They were all enemies of this same - commonwealth, bitter, never wearying enemies, and to-day they had learned - much. How short-armed the Law was! Wondrous marvel that they had not known - it sooner! To be sure they must plan so cunningly that only the Judge - should pass upon them. He was a mere legal machine. - </p> - <p> - He was only the hand applying the rigid rule of the law. The danger was - with the jury; there lay the peril to be avoided. The jury! how they hated - it and feared it! and of right, for none knew better than they that - whenever, and where-ever, and however men stop to probe for it, they - always find, far down in the human heart, a great love of common right and - fair dealing that is as deep-seated and abiding as the very springs of - life. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0031" id="link2H_4_0031"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - VI—THE SHERIFF OF GULLMORE - </h2> - <p> - <i>[The crime of embezzlement here dealt with is statutory. The venue of - this story could have been laid in many other States; the statutes are - similar to a degree. See the Code of West Virginia; also the late case of - The State vs. Bolin, 19 Southwestern Reporter, 650; also the long list of - ancient cases in Russell on Crimes, 2d volume.]</i> - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0032" id="link2H_4_0032"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - I. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">I</span>T is hard luck, - Colonel," said the broker, "but you are are not the only one skinned in - the deal; the best of them caught it to-day. By Jupiter! the pit was like - Dante's Inferno!" - </p> - <p> - "Yes, it's gone, I reckon," muttered the Colonel, shutting his teeth down - tight on his cigar; "I guess the devil wins every two out of three." - </p> - <p> - "Well," said the broker, turning to his desk, "it is the fortune of war." - </p> - <p> - "No, young man," growled the Colonel, "it is the blasted misfortune of - peace. I have never had any trouble with the fortune of war. I could stand - on an ace high and win with war. It is peace that queers me. Here in the - fag-end of the nineteenth century, I, Colonel Moseby Allen, sheriff of - Gull-more County, West Virginia, go up against another man's game,—yes, - and go up in the daytime. Say, young man, it feels queer at the mellow age - of forty-nine, after you have been in the legislature of a great - commonwealth, and at the very expiration of your term as sheriff of the - whitest and the freest county in West Virginia,—I say it feels - queer, after all those high honors, to be suddenly reminded that you need - to be accompanied by a business chaperon." - </p> - <p> - The Colonel stood perfectly erect and delivered his oration with the - fluency and the abandon of a southern orator. When he had finished, he - bowed low to the broker, pulled his big slouch hat down on his forehead, - and stalked out of the office and down the steps to the street. - </p> - <p> - Colonel Moseby Allen was built on the decided lines of a southern - mountaineer. He was big and broad-shouldered, but he was not well - proportioned. His body was short and heavy, while his legs were long. His - eyes were deep-set and shone like little brown beads. On the whole, his - face indicated cunning, bluster, and rashness. The ward politician would - have recognized him among a thousand as a kindred spirit, and the - professional gambler would not have felt so sure of himself with such a - face across the table from him. - </p> - <p> - When the Colonel stepped out on the pavement, he stopped, thrust his hands - into his pockets, and looked up and down Wall Street; then he jerked the - cigar out of his mouth, threw it into the gutter, and began to deliver - himself of a philippic upon the negative merits of brokers in general, and - his broker in particular. The Virginian possessed a vocabulary of smooth - billingsgate that in vividness and diversity approached the sublime. When - he had consigned some seven generations of his broker's ancestry to divers - minutely described localities in perdition, he began to warm to his work, - and his artistic profanity rolled forth in startling periods. - </p> - <p> - The passers-by stopped and looked on in surprise and wonder. For a moment - they were half convinced that the man was a religious fanatic, his - eloquent, almost poetic, tirade was so thoroughly filled with holy names. - The effect of the growing audience inspired the speaker. He raised his - voice and began to emphasize with sweeping gestures. He had now finished - with the broker's ancestry and was plunging with a rush of gorgeous - pyrotechnics into the certain future of the broker himself, when a police - officer pushed through the crowd and caught the irate Virginian by the - shoulder. - </p> - <p> - Colonel Allen paused and looked down at the officer. - </p> - <p> - "You," he said, calmly, "I opine are a minion of the law; a hireling of - the municipal authorities." - </p> - <p> - "See here," said the officer, "you are not allowed to preach on the - street. You will have to come with me to the station-house." - </p> - <p> - The Colonel bowed suavely. "Sir," he said, "I, Colonel Moseby Allen, - sheriff of Gullmore County in the Mountain State of West Virginia, am a - respecter of the law, even in the body of its petty henchmen, and if the - ordinances of this Godforsaken Gomorrah are such that a free-born American - citizen, twenty-one years old and white, is not permitted the inalienable - privilege of expressing his opinion without let or hindrance, then I am - quite content to accompany you to the confines of your accursed - jail-house." - </p> - <p> - Allen turned round and started down the street with the officer. He walked - a little in advance, and continued to curse glibly in a low monotone. When - they were half way to the corner below, a little man slipped out of the - crowd and hurried up to the policeman. "Mike," he whispered, putting his - hand under the officer's, "here is five for you. Turn him over to me." - </p> - <p> - The officer closed his hand like a trap, stepped quickly forward, and - touched his prisoner on the shoulder. - </p> - <p> - As the Virginian turned, the officer said in a loud voice: "Mr. Parks, - here, says that he knows you, and that you are all right, so I 'll let you - go this time." Then, before any reply could be made, he vanished around - the corner. - </p> - <p> - Colonel Allen regarded his deliverer with the air of a world-worn cynic. - "Well," he said, "one is rarely delivered from the spoiler by the hand of - his friend, and I cannot now recall ever having had you for an enemy. May - I inquire what motive prompts this gracious courtesy?" - </p> - <p> - "Don't speak so loud," said Parks, stepping up close to the man. "I happen - to know something about your loss, Colonel Allen, and perhaps also a way - to regain it. Will you come with me?" - </p> - <p> - The Virginian whistled softly. "Yes," he said. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0033" id="link2H_4_0033"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - II. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>his is a fine - hotel," observed Colonel Allen, beginning to mellow under the mystic spell - of a five-course dinner and a quart of Cliquot. "Devilish fine hotel, Mr. - Parks. All the divers moneys which I in my official capacity have - collected in taxes from the fertile county of Gullmore, would scarcely pay - for the rich embellishment of the barber shop of this magnificent - edifice." - </p> - <p> - "Well, Colonel," said the bald Parks, with a sad smile, "that would depend - upon the amount of the revenues of your county. I presume that they are - large, and consequently the office of sheriff a good one." - </p> - <p> - "Yes, sir," answered the Virginian, "it is generally considered desirable - from the standpoint of prominence. The climate of Gullmore is salubrious. - Its pasture lands are fertile, and its citizens cultured and refined to a - degree unusual even in the ancient and aristocratic counties of the Old - Dominion. And, sir,"—here the Colonel drew himself up proudly, and - thrust his hand into the breast of his coat,—"I am proud, sir,—proud - to declare that from time to time the good citizens of Gullmore, by means - of their suffrage, and with large and comfortable majorities, have - proclaimed me their favorite son and competent official. Six years ago I - was in the legislature at Charleston as the trusted representative of this - grand old county of Gullmore; and four years ago, after the fiercest and - most bitterly contested political conflict of all the history of the - South, I was elected to that most important and honorable office of - sheriff,—to the lasting glory of my public fame, and the great - gratification of the commonwealth." - </p> - <p> - "That gratification is now four years old?" mused Parks. - </p> - <p> - Colonel Moseby Allen darted a swift, suspicious glance at his companion, - but in a moment it was gone, and he had dropped back into his - grandiloquent discourse. "Yes, sir, the banner county of West Virginia, - deserting her ancient and sacred traditions, and forgetting for the time - the imperishable precepts of her patriotic fathers, has gone over to - affiliate with the ungodly. We were beaten, sir,—beaten in this last - engagement,—horse, foot, and dragoons,—beaten by a set of - carpet-baggers,—a set of unregenerate political tricksters of such - diabolical cunning that nothing but the gates of hell could have prevailed - against them. Now, sir, now,—and I say it mournfully, there is - nothing left to us in the county of Gullmore, save only honor." - </p> - <p> - "Honor," sneered Parks, "an imaginary rope to hold fools with! It wont - fill a hungry stomach, or satisfy a delinquent account." The little clerk - spoke the latter part of his sentence slowly and deliberately. - </p> - <p> - Again the suspicious expression passed over the face of Colonel Allen, - leaving traces of fear and anxiety in its wake. His eyes, naturally a - little crossed, drew in toward his nose, and the muscles around his mouth - grew hard. For a moment he was silent, looking down into his glass; then, - with an effort, he went on: "Yes, the whole shooting-match is in the hands - of the Philistines. From the members of the County Court up to the - important and responsible position which I have filled for the last four - years, and when my accounts are finally wound up, I——" - </p> - <p> - "Your accounts," murmured Parks, "when they are finally wound up, what - then?" - </p> - <p> - Every trace of color vanished from the Virginian's face, his heavy jaws - trembled, and he caught hold of the arms of the chair to steady himself. - </p> - <p> - Parks did not look up. He seemed deeply absorbed in studying the bottom of - his glass. For a moment Colonel Moseby Allen had been caught off his - guard, but it was only for a moment. He straightened up and underwent a - complete transformation. Then, bending forward, he said, speaking low and - distinctly: "Look here, my friend, you are the best guesser this side of - hell. Now, if you can pick a winning horse we will divide the pool." - </p> - <p> - The two men were at a table in a corner of the Hoffman café, and, as it - chanced, alone in the room. Parks glanced around quickly, then he leaned - over and said: "That depends on just one thing, Colonel." - </p> - <p> - "Turn up the cards," growled the Virginian, shutting his teeth down tight - on his lip. - </p> - <p> - "Well," said Parks, "you must promise to stick to your rôle to the end, if - you commence with the play." - </p> - <p> - The southerner leaned back in his chair and stroked his chin thoughtfully. - Finally he dropped his hand and looked up. "All right," he muttered; "I'll - stand by the deal; throw out the cards." - </p> - <p> - Parks moved his chair nearer to the table and leaned over on his elbow. - "Colonel," he said, "there is only one living man who can set up a - successful counter-plot against fate, that is dead certain to win, and - that man is here in New York to-day. He is a great lawyer, and besides - being that, he is the greatest plotter since the days of Napoleon. Not one - of his clients ever saw the inside of a prison. He can show men how to - commit crimes in such a way that the law cannot touch them. No matter how - desperate the position may be, he can always show the man who is in it a - way by which he can get out. There is no case so hopeless that he cannot - manage it. If money is needed, he can show you how to get it—a - plain, practical way, by which you can get what you need and as much as - you need. He has a great mind, but he is strangely queer and erratic, and - must be approached with extreme care, and only in a certain way. This - man," continued the little clerk, lowering his voice, "is named Randolph - Mason. You must go to him and explain the whole matter, and you must do it - just in the way I tell you." - </p> - <p> - Again the Virginian whistled softly. "My friend," he said, "there is a - little too much mystery about this matter. I am not afraid of you, because - you are a rascal; no one ever had a face like you that was not a rascal. - You will stick to me because you are out for the stuff, and there is no - possible way to make a dollar by throwing the game. I am not afraid of any - living man, if I have an opportunity to see his face before the bluff is - made. You are all right; your game is to use me in making some haul that - is a little too high for yourself. That is what you have been working up - to, and you are a smooth operator, my friend. A greenhorn would have - concluded long ago that you were a detective, but I knew a blamed sight - better than that the moment you made your first lead. In the first place, - you are too sharp to waste your time with any such bosh, and in the second - place, it takes cash to buy detectives, and there is nobody following me - with cash. Gullmore county has no kick coming to it until my final - settlements are made, and there is no man treading shoe leather that knows - anything about the condition of my official business except myself, and - perhaps also that shrewd and mysterious guesser—yourself. So, you - see, I am not standing on ceremonies with you. But here, young man, comes - in a dark horse, and you want me to bet on him blindfolded. Those are not - the methods of Moseby Allen. I must be let in a little deeper on this - thing." - </p> - <p> - "All I want you to do," said Parks, putting his hand confidentially on the - Virginian's arm, "is simply to go and see Randolph Mason, and ap-proach - him in the way I tell you, and when you have done that, I will wager that - you stay and explain everything to him." - </p> - <p> - Colonel Allen leaned back in his chair and thrust his hands into his - pockets. "Why should I do that?" he said curtly. - </p> - <p> - "Well," murmured the little man mournfully, "one's bondsmen are entitled - to some consideration; and then, there is the penitentiary. Courts have a - way of sending men there for embezzlement." - </p> - <p> - "You are correct," said Allen, quietly, "and I have not time to go." - </p> - <p> - "At any rate," continued Parks, "there can be no possible danger to you. - You are taking no chances. Mr. Mason is a member of the New York bar, and - anything you may tell him he dare not reveal. The law would not permit him - to do so if he desired. The whole matter would be kept as thoroughly - inviolate as though it were made in the confessional. Your objections are - all idle. You are a man in a desperate position. You are up to your waist - in the quicksand, now, and, at the end of the year, it is bound to close - over your head. It is folly to look up at the sky and attempt to ignore - this fact. I offer to help you—not from any goodness of heart, - understand, but because we can both make a stake in this thing. I need - money, and you must have money,—that is the whole thing in a - nutshell. Now," said Parks, rising from his chair, "what are you going to - do?" - </p> - <p> - "Well," said the Virginian, drawing up his long legs and spreading out his - fat hands on the table, "<i>Colonel Moseby Allen, of the county of - Gullmore, will take five cards, if you please</i>." - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0034" id="link2H_4_0034"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - III. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>his must be the - place," muttered the Virginian, stopping under the electric light and - looking up at the big house on the avenue. "That fellow said I would know - the place by the copper-studded door, and there it is, as certain as there - are back taxes in Gullmore." With that, Colonel Moseby Allen walked up the - granite steps and began to grope about in the dark door-way for the - electric bell. He could find no trace of this indispensable convenience, - and was beginning to lapse into a flow of half-suppressed curses, when he - noticed for the first time an ancient silver knocker fastened to the - middle of the door. He seized it and banged it vigorously. - </p> - <p> - The Virginian stood in the dark and waited. Finally he concluded that the - noise had not been heard, and was about to repeat the signal when the door - was flung suddenly open, and a tall man holding a candle in his hand - loomed up in the door-way. - </p> - <p> - "I am looking," stammered the southerner, "for one Randolph Mason, an - attorney-at-law." - </p> - <p> - "I am Randolph Mason," said the man, thrusting the silver candlestick out - before him. "Who are you, sir?" - </p> - <p> - "My name is Allen," answered the southerner, "Moseby Allen, of Gullmore - county, West Virginia." - </p> - <p> - "A Virginian," said Mason, "what evil circumstance brings you here?" - </p> - <p> - Then Allen remembered the instructions which Parks had given him so - minutely. He took off his hat and passed his hand across his forehead. - "Well," he said, "I suppose the same thing that brings the others. We get - in and plunge along just as far as we can. Then Fate shuts down the lid of - her trap, and we have either to drop off the bridge or come here." - </p> - <p> - "Come in," said Mason. Then he turned abruptly and walked down the - hall-way. The southerner followed, impressed by this man's individuality. - Allen had pushed his way through life with bluff and bluster, and like - that one in the scriptural writings, "neither feared God nor regarded - man." His unlimited assurance had never failed him before any of high or - low degree, and to be impressed with the power of any man was to him - strange and uncomfortable. - </p> - <p> - Mason turned into his library and placed the candlestick on a table in the - centre of the floor. Then he drew up two chairs and sat down in one of - them motioning Allen to the other on the opposite side of the table. The - room was long and empty, except for the rows of heavy book-cases standing - back in the darkness. The floor was bare, and there was no furniture of - any kind whatever, except the great table and the ancient high-back - chairs. There was no light but the candle standing high in its silver - candlestick. - </p> - <p> - "Sir," said Mason, when the Virginian had seated himself, "which do you - seek to evade, punishment or dishonor?" - </p> - <p> - The Virginian turned round, put his elbows on the table, and looked - squarely across at his questioner. "I am not fool enough to care for the - bark," he answered, "provided the dog's teeth are muzzled." - </p> - <p> - "It is well," said Mason, slowly, "there is often difficulty in dealing - with double problems, where both disgrace and punishment are sought to be - evaded. Where there is but one difficulty to face, it can usually be - handled with ease. What others are involved in your matter?" - </p> - <p> - "No others," answered the Virginian; "I am seeking only to save myself." - </p> - <p> - "From the law only," continued Mason, "or does private vengeance join with - it?" - </p> - <p> - "From the law only," answered Allen. - </p> - <p> - "Let me hear it all," said Mason. - </p> - <p> - "Well," said the Virginian, shifting uneasily in his chair, "my affairs - are in a very bad way, and every attempt that I have made to remedy them - has resulted only in disaster. I am walking, with my hands tied, straight - into the penitentiary, unless some miracle can be performed in my favor. - Everything has gone dead against me from my first fool move. Four years - ago I was elected sheriff of Gullmore county in the State of West - Virginia. I was of course required by law to give a large bond. This I had - much difficulty in doing, for the reason that I have no estate whatever. - Finally I induced my brother and my father, who is a very old man, to - mortgage their property and thereby secured the requisite bond. I entered - upon the duties of my office, and assumed entire control of the revenues - of the county. For a time I managed them carefully and kept my private - business apart from that of the county. But I had never been accustomed to - strict business methods, and I soon found it most difficult to confine - myself to them. Little by little I began to lapse into my old habit of - carelessness. I neglected to keep up the settlements, and permitted the - official business to become intermixed with my private accounts. The - result was that I awoke one morning to find that I owed the county of - Gullmore ten thousand dollars. I began at once to calculate the - possibility of my being able to meet this deficit before the expiration of - my term of office, and soon found that by no possible means would I be - able to raise this amount out of the remaining fees. My gambling instincts - at once asserted themselves. I took five thousand dollars, went to - Lexington, and began to play the races in a vain, reckless hope that I - might win enough to square my accounts. I lost from the very start. I came - back to my county and went on as before, hoping against hope that - something would turn up and let me out. Of course this was the dream of an - idiot, and when the opposition won at the last election, and a new sheriff - was installed, and I was left but a few months within which to close up my - accounts, the end which I had refused to think of arose and stared me in - the face. I was now at the end of my tether, and there was nothing there - but a tomb. And even that way was not open. If I should escape the - penitentiary by flight or by suicide, I would still leave my brother and - my aged father to bear the entire burden of my defalcations; and when - they, as my bondsmen, had paid the sum to the county, they would all be - paupers." - </p> - <p> - The man paused and mopped the perspiration from his face. He was now - terribly in earnest, and seemed to be realizing the gravity and the - hopelessness of his crime. All his bluster and grandiloquent airs had - vanished. - </p> - <p> - "Reckless and unscrupulous as I am," he went on, "I cannot bear to think - of my brother's family beggars because of my wrong, or my father in his - extreme old age turned out from under his own roof and driven into the - poor-house, and yet it must come as certainly as the sun will rise - tomorrow." - </p> - <p> - The man's voice trembled now, and the flabby muscles of his face quivered. - </p> - <p> - "In despair, I gathered up all the funds of the county remaining in my - hands and hurried to this city. Here I went to the most reliable broker I - could find and through him plunged into speculation. But all the devils in - hell seemed to be fighting for my ruin. I was caught in that dread and - unexpected crash of yesterday and lost everything. Strange to say, when I - realized that my ruin was now complete, I felt a kind of exhilaration,—such, - I presume, as is said to come to men when they are about to be executed. - Standing in the very gaping jaws of ruin, I have to-day been facetious, - even merry. Now, in the full glare of this horrible matter, I scarcely - remember what I have been doing, or how I came to be here, except that - this morning in Wall Street I heard some one speak of your ability, and I - hunted up your address and came without any well defined plan, and, if you - will pardon me, I will add that it was also without any hope." - </p> - <p> - The man stopped and seemed to settle back in his chair in a great heap. - </p> - <p> - Randolph Mason arose and stood looking down at the Virginian. - </p> - <p> - "Sir," said Mason, "none are ever utterly lost but the weak. Answer my - question." - </p> - <p> - The Virginian pulled himself together and looked up. - </p> - <p> - "Is there any large fund," continued Mason, "in the hands of the officers - of your county?" - </p> - <p> - "My successor," said Allen, "has just collected the amount of a levy - ordered by the county court for the purpose of paying the remainder due on - the court-house. He now has that fund in his hands." - </p> - <p> - "When was the building erected?" said Mason. - </p> - <p> - "It was built during the last year of my term of office, and paid for in - part out of levies ordered while I was active sheriff. When my successor - came in there still remained due the contractors on the work some thirty - thousand dollars. A levy was ordered by the court shortly before my term - expired, but the collection of this levy fell to the coming officer, so - this money is not in my hands, although all the business up to this time - has been managed by me, and the other payments on the building made from - time to time out of moneys in my hands, and I have been the chief manager - of the entire work and know more about it than any one else. The new - sheriff came into my office a few days ago to inquire how he was to - dispose of this money." - </p> - <p> - Mason sat down abruptly. "Sir," he said almost bitterly, "there is not - enough difficulty in your matter to bother the cheapest intriguer in Kings - county. I had hoped that yours was a problem of some gravity." - </p> - <p> - "I see," said the Virginian, sarcastically, "I am to rob the sheriff of - this money in such a manner that it won't be known who received it, and - square my accounts. That would be very easy indeed. I would have only to - kill three men and break a bank. Yes, that would be very easy. You might - as well tell me to have blue eyes." - </p> - <p> - "Sir," said Randolph Mason, slowly, "you are the worst prophet unhung." - </p> - <p> - "Well," continued the man, "there can be no other way, If it were turned - over to me in my official capacity what good would it do? My bondsmen - would be responsible for it. I would then have it to account for, and what - difference, in God's name, can it make whether I am sent to the - penitentiary for stealing money which I have already used, or for stealing - this money? It all belongs to the county. It is two times six one way, and - six times two the other way." - </p> - <p> - "Sir," said Mason, "I retract my former statement in regard to your strong - point. Let me insist that you devote your time to prophecy. Your reasoning - is atrocious." - </p> - <p> - "I am wasting my time here," muttered the Virginian, "there is no way out - of it." - </p> - <p> - Randolph Mason turned upon the man. "Are you afraid of courts?" he - growled. - </p> - <p> - "No," said the southerner, "I am afraid of nothing but the penitentiary." - </p> - <p> - "Then," said Mason, leaning over on the table, "listen to me, and you will - never see the shadow of it." - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0035" id="link2H_4_0035"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - IV. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">I</span> suppose you are - right about that," said Jacob Wade, the newly elected sheriff of Gullmore - county, as he and Colonel Moseby Allen sat in the office of that shrewd - and courteous official. "I suppose it makes no difference which one of us - takes this money and pays the contractors,—we are both under good - bonds, you know." - </p> - <p> - "Certainly, Wade, certainly," put in the Colonel, "your bond is as good as - they can be made in Gullmore county, and I mean no disrespect to the - Omnipotent Ruler of the Universe when I assert that the whole kingdom of - heaven could not give a better bond than I have. You are right, Wade; you - are always right; you are away ahead of the ringleaders of your party. I - don't mind if I do say so. Of course, I am on the other side, but it was - miraculous, I tell you, the way you swung your forces into line in the - last election. By all the limping gods of the calendar, we could not touch - you!" Colonel Moseby Allen leaned over and patted his companion on the - shoulder. "You are a sly dog, Wade," he continued. "If it had not been for - you we would have beaten the bluebells of Scotland out of the soft-headed - farmers who were trying to run your party. I told the boys you would pull - the whole ticket over with you, but they did n't believe me. Next time - they will have more regard for the opinion of Moseby Allen of Gull-more." - The Colonel burst out into a great roar of laughter, and brought his fat - hand down heavily on his knee. - </p> - <p> - Jacob Wade, the new sheriff, was a cadaverous-looking countryman, with a - face that indicated honesty and egotism. He had come up from a farm, and - had but little knowledge of business methods in general, and no idea of - how the duties of his office should be properly performed. He puffed up - visibly under the bald flattery of Allen, and took it all in like a - sponge. - </p> - <p> - "Well," said Wade, "I suppose the boys did sort of expect me to help them - over, and I guess I did. I have been getting ready to run for a long time, - and I aint been doing no fool things. When the Farmers Alliance people was - organizing, I just stayed close home and sawed wood, and when the county - was all stirred up about that there dog tax, I kept my mouth shut, and - never said nothing." - </p> - <p> - "That 's what you did, Wade," continued the Colonel, rubbing his hands; - "you are too smooth to get yourself mixed up with a lot of new-fangled - notions that would brand you all over the whole county as a crank. What a - man wants in order to run for the office of sheriff is a reputation for - being a square, solid, substantial business man, and that is what you had, - Wade, and besides that you were a smooth, shrewd, far-sighted, machine - politician." - </p> - <p> - Jacob Wade flushed and grew pompous under this eloquent recital of his - alleged virtues. Allen was handling his man with skill. He was a natural - judge of men, and possessed in no little degree the rare ability of - knowing how to approach the individual in order to gain his confidence and - goodwill. - </p> - <p> - "No," he went on, "I am not partisan enough to prevent me from - appreciating a good clearheaded politician, no matter what his party - affiliations may be. I am as firm and true to my principles as any of - those high up in the affairs of state. I have been honored by my party - time and again in the history of this commonwealth, and have defended and - supported her policies on the stump, and in the halls of legislation, and - I know a smooth man when I see him, and I honor him, and stick to him out - of pure love for his intelligence and genius." - </p> - <p> - The Colonel arose. He now felt that his man was in the proper humor to - give ready assent to the proposition which he had made, and he turned back - to it with careless indifference. - </p> - <p> - "Now, Jacob," he said lowering his voice, "this is not all talk. You are a - new officer, and I am an old one. I am familiar with all the routine - business of the sheriffalty, and I am ready and willing and anxious to - give all the information that can be of any benefit to you, and to do any - and everything in my power to make your term of office as pleasant and - profitable as it can be made. I am wholly and utterly at your service, and - want you to feel that you are more than welcome to command me in any - manner you see fit. By the way, here is this matter that we were just - discussing. I am perfectly familiar with all that business. I looked after - the building for the county, collected all the previous levies, and know - all about the contracts with the builders—just what is due each one - and just how the settlements are to be made,—and I am willing to - take charge of this fund and settle the thing up. I suppose legally it is - my duty to attend to this work, as it is in the nature of unfinished - business of my term, but I could have shifted the whole thing over on you - and gotten out of the trouble of making the final settlements with the - contractors. The levy was ordered during my term, but has been collected - by you, and on that ground I could have washed my hands of the troublesome - matter if I had been disposed to be ugly. But I am not that kind of a man, - Wade; I am willing to shoulder my lawful duties, and wind this thing up - and leave your office clear and free from any old matters." - </p> - <p> - Jacob Wade, sheriff of Gullmore county, was now thoroughly convinced of - two things. First, that he himself was a shrewd politician, with an - intellect of almost colossal proportions, and second, that Colonel Moseby - Allen was a great and good man, who was offering to do him a service out - of sheer kindness of heart. - </p> - <p> - He arose and seized Allen's hand. "I am obliged to you, Colonel, greatly - obliged to you," he said; "I don't know much about these matters yet, and - it will save me a deal of trouble if you will allow me to turn this thing - over to you, and let you settle it up. I reckon from the standpoint of law - it is a part of your old business as sheriff." - </p> - <p> - "Yes," answered Allen, smiling broadly, "I reckon it is, and I reckon I - ought n't to shirk it." - </p> - <p> - "All right," said Wade, turning to leave the office, "I 'll just hand the - whole thing over to you in the morning." Then he went out. - </p> - <p> - The ex-sheriff closed the door, sat down in his chair, and put his feet on - the table. "Well, Moseby, my boy," he said, "that was dead easy. The - Honorable Jacob Wade is certainly the most irresponsible idiot west of the - Alleghany mountains. He ought to have a committee,—yes, he ought to - have two committees, one to run him, and one to run his business." Then he - rubbed his hands gleefully. "It is working like a greased clock," he - chuckled, "and by the grace of God and the Continental Congress, when this - funeral procession does finally start, it wont be Colonel Moseby Allen of - the county of Gullmore who will occupy the hearse." - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0036" id="link2H_4_0036"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - V. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he inhabitants of - the city could never imagine the vast interest aroused in the county of - Gullmore by the trial of Colonel Moseby Allen for embezzlement. In all - their quiet lives the good citizens had not been treated to such a - sweeping tidal wave of excitement. The annual visits of the "greatest show - on earth" were scarcely able to fan the interests of the countrymen into - such a flame. The news of Allen's arrest had spread through the country - like wildfire. Men had talked of nothing else from the moment this - startling information had come to their ears. The crowds on Saturday - afternoons at the country store had constituted themselves courts of first - and last resort, and had passed on the matter of the ex-sheriff's guilt at - great length and with great show of learning. The village blacksmith had - delivered ponderous opinions while he shod the traveller's horse; and the - ubiquitous justice of the peace had demonstrated time and again with huge - solemnity that Moseby Allen was a great criminal, and by no possible means - could be saved from conviction. It was the general belief that the - ex-sheriff would not stand trial; that he would by some means escape from - the jail where he was confined. So firm-rooted had this conviction become - that the great crowd gathered in the little county seat on the day fixed - for the trial were considerably astonished when they saw the ex-sheriff - sitting in the dock. In the evening after the first day of the trial, in - which certain wholly unexpected things had come to pass, the crowd - gathered on the porch of the country hotel were fairly revelling in the - huge sensation. - </p> - <p> - Duncan Hatfield, a long ungainly mountaineer, wearing a red hunting-shirt - and a pair of blue jeans trousers, was evidently the Sir-Oracle of the - occasion. - </p> - <p> - "I tell you, boys," he was saying, "old Moseby aint got no more show than - a calliker apron in a brush fire. Why he jest laid down and give up; jest - naturally lopped his ears and give up like a whipped dog." - </p> - <p> - "Yes," put in an old farmer who was standing a little back in the crowd, - "I reckon nobody calkerlated on jest sich a fizzle." - </p> - <p> - "When he come into court this mornin'," continued the Oracle, "with that - there young lawyer man Edwards, I poked Lum Bozier in the side, and told - him to keep his eye skinned, and he would see the fur fly, because I - knowed that Sam Lynch, the prosecutin' attorney, allowed to go fer old - Moseby, and Sam is a fire-eater, so he is, and he aint afraid of nuthin - that walks on legs. But, Jerusalem! it war the tamest show that ever come - to this yer town. Edwards jest sot down and lopped over like a weed, and - Sam he begun, and he showed up how old Moseby had planned this here thing, - and how he had lied to Jake Wade all the way through, and jest how he got - that there money, and what an everlasting old rascal he was, and there sot - Edwards, and he never asked no questions, and he never paid no attention - to nuthin." - </p> - <p> - "Did n't the lawyer feller do nuthin at all, Dunk?" enquired one of the - audience, who had evidently suffered the great misfortune of being absent - from the trial. - </p> - <p> - "No," answered the Oracle, with a bovine sneer, "he never did nothin till - late this evenin. Then he untangled his legs and got up and said somethin - to the jedge about havin to let old Moseby Allen go, cause what he had - done was n't no crime. - </p> - <p> - "Then you ought to a heard Sam. He jest naturally took the roof off; he - sailed into old Moseby. He called him nine different kinds of - horse-thieves, and when he got through, I could see old Ampe Props noddin - his head back thar in the jury-box, and then I knowed that it were all up - with Colonel Moseby Allen, cause that jury will go the way old Ampe goes, - jest like a pack of sheep." - </p> - <p> - "I reckon Moseby's lawyer were skeered out," suggested Pooley Hornick, the - blacksmith. - </p> - <p> - "I reckon he war," continued the Oracle, "cause when Sam sot down, he got - up, and he said to the jedge that he didn't want to do no argufying, but - he had a little paper that would show why the jedge would have to let old - Moseby go free, and then he asked Sam if he wanted to see it, and Sam he - said no, he cared nuthin for his little paper. Then the feller went over - and give the little paper to the jedge, and the jedge he took it and he - said he would decide in the mornin'." - </p> - <p> - "You don't reckon," said the farmer, "that the jedge will give the old - colonel any show, do you?" - </p> - <p> - "Billdad Solsberry," said the Oracle, with a grave judicial air, as though - to settle the matter beyond question, "you are a plumb fool. If the angel - Gabriel war to drop down into Gullmore county, he could n't keep old - Moseby Allen from goin' to the penitentiary." - </p> - <p> - Thus the good citizens sat in judgment, and foretold the doom of their - fellow. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0037" id="link2H_4_0037"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - VI. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">O</span>n Monday night, - the eleventh day of May, in the thirty-third year of the State of West - Virginia, the judge of the criminal court of Gullmore county, and the - judge of the circuit court of Gullmore county were to meet together for - the purpose of deciding two matters,—one relating to the trial of - Moseby Allen, the retiring sheriff, for embezzling funds of the county, - amounting to thirty thousand dollars, and the other, an action pending in - the circuit court, wherein the State of West Virginia, at the relation of - Jacob Wade, was seeking to recover this sum from the bondsmen of Allen. In - neither of the two cases was there any serious doubt as to the facts. It - seemed that it was customary for the retiring sheriff to retain an office - in the court building after the installation of his successor, and - continue to attend to the unfinished business of the county until all his - settlements had been made, and until all the matters relating to his term - of office had been finally wound up and administered. - </p> - <p> - In accordance with this custom, Moseby Allen, after the expiration of his - term, had continued in his office in a quasi-official capacity, in order - to collect back taxes and settle up all matters carried over from his - regular term. - </p> - <p> - It appeared that during Allen's term of office the county had built a - court-house, and had ordered certain levies for the purpose of raising the - necessary funds. The first of the levies had been collected by Allen, and - paid over by him to the contractors, as directed by the county court. The - remaining levies had not been collected during his term, but had been - collected by the new sheriff immediately after his installation. This - money, amounting to some thirty thousand dollars, had been turned over to - Allen upon his claim that it grew out of the unfinished affairs of his - term, and that, therefore, he was entitled to its custody. He had said to - the new sheriff that the levy upon which it had been raised was ordered - during his term, and the work for which it was to be paid all performed, - and the bonds of the county issued, while he was active sheriff, and that - he believed it was a part of the matters which were involved in his final - settlements. Jacob Wade, then sheriff, believing that Allen was in fact - the proper person to rightly administer this fund, and knowing that his - bond to the county was good and would cover all his official affairs, had - turned the entire fund over to him, and paid no further attention to the - matter. - </p> - <p> - It appeared that, at the end of the year, Moseby Allen had made all of his - proper and legitimate settlements fully and satisfactorily, and had - accounted to the proper authorities for every dollar that had been - collected by him during his term of office, but had refused and neglected - to account for the money which he had received from Wade. When approached - upon the subject, he had said plainly that he had used this money in - unfortunate speculations and could not return it. The man had made no - effort to check the storm of indignation that burst upon him; he firmly - refused to discuss the matter, or to give any information in regard to it. - When arrested, he had expressed no surprise, and had gone to the jail with - the officer. At the trial, his attorney had simply waited until the - evidence had been introduced, and had then arisen and moved the court to - direct a verdict of not guilty, on the ground that Allen, upon the facts - shown, had committed no crime punishable under the statutes of West - Virginia. - </p> - <p> - The court had been strongly disposed to overrule this motion without - stopping to consider it, but the attorney had insisted that a memorandum - which he handed up would sustain his position, and that without mature - consideration the judge ought not to force him into the superior court, - whereupon his Honor, Ephraim Haines, had taken the matter under advisement - until morning. - </p> - <p> - In the circuit court the question had been raised that Allen's bond - covered only those matters which arose by virtue of his office, and that - this fund was not properly included. Whereupon the careful judge of that - court had adjourned to consider. - </p> - <p> - It was almost nine o'clock when the Honorable Ephraim Haines walked into - the library to consult with his colleague of the civil court. He found - that methodical jurist seated before a pile of reports, with his - spectacles far out on the end of his nose,—an indication, as the - said Haines well knew, that the said jurist had arrived at a decision, and - was now carefully turning it over in his mind in order to be certain that - it was in spirit and truth the very law of the land. - </p> - <p> - "Well, Judge," said Haines, "have you flipped the penny on it, and if so, - who wins?" - </p> - <p> - The man addressed looked up from his book and removed his spectacles. He - was an angular man, with a grave analytical face. - </p> - <p> - "It is not a question of who wins, Haines," he answered; "it is a question - of law. I was fairly satisfied when the objection was first made, but I - wanted to be certain before I rendered my decision. I have gone over the - authorities, and there is no question about the matter. The bondsmen of - Allen are not liable in this action." - </p> - <p> - "They are not!" said Haines, dropping his long body down into a chair. "It - is public money, and the object of the bond is certainly to cover any - defalcations." - </p> - <p> - "This bond," continued the circuit judge, "provides for the faithful - discharge, according to law, of the duties of the office of sheriff during - his continuance in said office. Moseby Allen ceased to be sheriff of this - county the day his successor was installed, and on that day this bond - ceased to cover his acts. This money was handed over by the lawful sheriff - to a man who was not then an officer of this county. Moseby Allen had no - legal right to the custody of this money. His duties as sheriff had - ceased, his official acts had all determined, and there was no possible - way whereby he could then perform an official act that would render his - bondsmen liable. The action pending must be dismissed. The present - sheriff, Wade, is the one responsible to the county for this money. His - only recourse is an action of debt, or assumpsit, against Allen - individually, and as Allen is notoriously insolvent, Wade and his bondsmen - will have to make up this deficit." - </p> - <p> - "Well," said Haines, "that is hard luck." - </p> - <p> - "No," answered the judge, "it is not luck at all, it is law. Wade - permitted himself to be the dupe of a shrewd knave, and he must bear the - consequences." - </p> - <p> - "You can depend upon it," said the Honorable Ephraim Haines, criminal - judge by a political error, "that old Allen won't get off so easy with me. - The jury will convict him, and I will land him for the full term." - </p> - <p> - "I was under the impression," said the circuit judge, gravely, "that a - motion had been made in your court to direct an acquittal on the ground - that no crime had been committed." - </p> - <p> - "It was," said Haines, "but of course it was made as a matter of form, and - there is nothing in it." - </p> - <p> - "Have you considered it?" - </p> - <p> - "What is the use? It is a fool motion." - </p> - <p> - "Well," continued the judge, "this matter comes up from your court to mine - on appeal, and you should be correct in your ruling. What authorities were - cited?" - </p> - <p> - "Here is the memorandum," said the criminal judge, "you can run down the - cases if you want to, but I know it is no use. The money belonged to the - county and old Allen embezzled it,—that is admitted." - </p> - <p> - To this the circuit judge did not reply. He took the memorandum which - Randolph Mason had prepared for Allen, and which the local attorney had - submitted, and turned to the cases of reports behind him. He was a - hard-working, conscientious man, and not least among his vexatious cares - were the reckless decisions of the Honorable Ephraim Haines. - </p> - <p> - The learned judge of the criminal court put his feet on the table and - began to whistle. When at length wearied of this intellectual diversion, - he concentrated all the energy of his mammoth faculties on the highly - cultured pastime of sharpening his penknife on the back of the Code. - </p> - <p> - At length the judge of the circuit court came back to the table, sat down, - and adjusted his spectacles. "Haines," he said slowly, "you will have to - sustain that motion." - </p> - <p> - "What!" cried the Honorable Ephraim, bringing the legs of his chair down - on the floor with a bang. - </p> - <p> - "That motion," continued the judge, "must be sustained. Moseby Allen has - committed no crime under the statutes of West Virginia." - </p> - <p> - "Committed no crime!" almost shouted the criminal jurist, doubling his - long legs up under his chair, "why, old Allen admits that he got this - money and spent it. He says that he converted it to his own use; that it - was not his money; that it belonged to the county. The evidence of the - State shows that he cunningly induced Wade to turn this money over to him, - saying that his bond was good, and that he was entitled to the custody of - the fund. The old rascal secured the possession of this money by trickery, - and kept it, and now you say he has committed no crime. How in Satan's - name do you figure it out?" - </p> - <p> - "Haines," said the judge, gravely, "I don't figure it out. The law cannot - be figured out. It is certain and exact. It describes perfectly what - wrongs are punishable as crimes, and exactly what elements must enter into - each wrong in order to make it a crime. All right of discretion is taken - from the trial court; the judge must abide by the law, and the law decides - matters of this nature in no uncertain terms." - </p> - <p> - "Surely," interrupted Haines, beginning to appreciate the gravity of the - situation, "old Allen can be sent to the penitentiary for this crime. He - is a rank, out and out embezzler. He stole this money and converted it to - his own use. Are you going to say that the crime of embezzlement is a dead - letter?" - </p> - <p> - "My friend," said the judge, "you forget that there is no equity in the - criminal courts. The crime of embezzlement is a pure creature of the - statute. Under the old common law there was no such crime. Consequently - society had no protection from wrongs of this nature, until this evil grew - to such proportions that the law-making power began by statute to define - this crime and provide for its punishment. The ancient English statutes - were many and varied, and, following in some degree thereafter, each of - the United States has its own particular statute, describing this crime as - being composed of certain fixed technical elements. This indictment - against Moseby Allen is brought under Section 19 of Chapter 145 of the - Code of West Virginia, which provides: 'If any officer, agent, clerk or - servant of this State, or of any county, district, school district or - municipal corporation thereof, or of any incorporated bank or other - corporation, or any officer of public trust in this State, or any agent, - clerk or servant of such officer of public trust, or any agent, clerk or - servant of any firm or person, or company or association of persons not - incorporated, embezzle or fraudulently convert to his own use, bullion, - money, bank notes or other security for money, or any effects or property - of another person which shall have come to his possession, or been placed - under his care or management, by virtue of his office, place or - employment, he shall be guilty of larceny thereof.' - </p> - <p> - "This is the statute describing the offence sought to be charged. All such - statutes must be strictly construed. Applying these requisites of the - crime to the case before us, we find that Allen cannot be convicted, for - the reason that at the time this money was placed in his hands he was not - sheriff of Gullmore county, nor was he in any sense its agent, clerk, or - servant. And, second, if he could be said to continue an agent, clerk, or - servant of this county, after the expiration of his term, he would - continue such agent, clerk, or servant for the purpose only of - administering those matters which might be said to lawfully pertain to the - unfinished business of his office. This fund was in no wise connected with - such unfinished affairs, and by no possible construction could he be said - to be an agent, clerk, or servant of this county for the purpose of its - distribution or custody. Again, in order to constitute such embezzlement, - the money must have come into his possession by virtue of his office. This - could not be, for the reason that he held no office. His time, had - expired; Jacob Wade was sheriff, and the moment Jacob Wade was installed, - Allen's official capacity determined, and he became a private citizen, - with only the rights and liabilities of such a citizen. - </p> - <p> - "Nor is he guilty of larceny, for the very evident reason that the proper - custodian, Wade, voluntarily placed this money in his hands, and he - received it under a <i>bona fide</i> color of right." - </p> - <p> - The Honorable Ephraim Haines arose, and brought his ponderous fist down - violently on the table. "By the Eternal!" he said, "this is the cutest - trick that has been played in the two Virginias for a century. Moseby - Allen has slipped out of the clutches of the law like an eel." - </p> - <p> - "Ephraim," said the circuit judge, reproachfully, "this is no frivolous - matter. Moseby Allen has wrought a great wrong, by which many innocent men - will suffer vast injury, perhaps ruin. Such malicious cunning is dangerous - to society. Justice cannot reach all wrongs; its hands are tied by the - restrictions of the law. Why, under this very statute, one who was <i>de - facto</i> an officer of the county or State, by inducing some other - officer to place in his hands funds to which he was not legally entitled, - could appropriate the funds so received with perfect impunity, and without - committing any crime or rendering his bondsmen liable. Thus a clerk of the - circuit court could use without criminal liability any money, properly - belonging to the clerk of the county court, or sheriff, provided he could - convince the clerk or sheriff that he was entitled to its custody; and so - with any officer of the State or county, and this could be done with - perfect ease where the officers were well known to each other and strict - business methods were not observed. Hence all the great wrong and injury - of embezzlement can be committed, and all the gain and profit of it be - secured, without violating the statute or rendering the officer liable to - criminal prosecution. It would seem that the rogue must be stupid indeed - who could not evade the crime of embezzlement." - </p> - <p> - The man stopped, removed his spectacles, and closed them up in their case. - He was a painstaking, honest servant of the commonwealth, and, like many - others of the uncomplaining strong, performed his own duties and those of - his careless companion without murmur or comment or hope of reward. - </p> - <p> - The Honorable Ephraim Haines arose and drew himself up pompously. "I am - glad," he said, "that we agree on this matter. I shall sustain this - motion." - </p> - <p> - The circuit judge smiled grimly. "Yes," he said, "it is not reason or - justice, but it is the law." - </p> - <p> - At twelve the following night Colonel Moseby Allen, ex-sheriff of the - county of Gullmore, now acquitted of crime by the commonwealth, hurried - across the border for the purpose of avoiding certain lawless - demonstrations on the part of his countrymen,—and of all his acts of - public service, this was the greatest. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0038" id="link2H_4_0038"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - VII.—THE ANIMUS FURANDI - </h2> - <p> - <i>[See the case of State vs. Brown et al.% 104 Mo., 365; the strange case - of Reuben Deal, 64 N. C., 270; also on all fours with the facts here - involved, see Thompson vs. Commonwealth, 18 S. W. Rept., 3022; and the - very recent case of The People vs. Hughes, 39 Pacific Rept., 492; also Rex - vs. Hall, Bodens case, and others there cited, 2 Russell on Crimes.]</i> - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0039" id="link2H_4_0039"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - I. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">I</span> AM tired of your - devilish hints, why can't you come out with it, man?" The speaker was half - angry. - </p> - <p> - Parks leaned forward on the table, his face was narrow and full of - cunning. "Mystery is your long suit, Hogarth, I compliment you." - </p> - <p> - "You tire me," said the man; "if you have any reason for bringing me here - at this hour of the night I want to know it." - </p> - <p> - "Would I be here in the office at two o'clock in the morning, with a - detective and without a reason? Listen, I will be plain with you. I must - get Mr. Mason out of New York; he is going rapidly, and unless he gets a - sea-voyage and a change of country he will be in the mad-house. He is - terribly thin and scarcely sleeps any more at all. No human being can - imagine what a monster he is to manage, or in what an infinitely difficult - position I have been placed. When we came here from Paris, after the - unfortunate collapse of the canal syndicate, the situation that confronted - me was of the most desperate character. Mr. Mason was practically a - bankrupt. He had spent his entire fortune in a mighty effort to right the - syndicate, and would have succeeded if it had not been for the treachery - of some of the French officials. He had been absent so long from New York - that his law practice was now entirely lost, and, worst of all, this - mysterious tilt of his mind would render it utterly impossible for him - ever to regain his clientage. For a time I was in despair. Mr. Mason was, - of course, utterly oblivious to the situation, and there was no one with - whom I could advise, even if I dared attempt it. When everything failed in - Paris, Mr. Mason collapsed, physically. He was in the hospital for months; - when he came out, his whole nature was wrenched into this strange groove, - although his mind was apparently as keen and powerful as ever and his - wonderful faculties unimpaired. He seemed now possessed by this one idea, - that all the difficulties of men were problems and that he could solve - them. - </p> - <p> - "A few days after we landed in New York, I wandered into the court-house; - a great criminal had been apprehended and was being tried for a desperate - crime. I sat down and listened. As the case developed, it occurred to me - that the man had botched his work fearfully, and that if he could have had - Mr. Mason plan his crime for him he need never have been punished. Then - the inspiration came. Why not turn this idea of Mr. Mason to account? - </p> - <p> - "I knew that the city was filled with shrewd, desperate men, who feared - nothing under high heaven but the law, and were willing to take desperate - chances with it. I went to some of them and pointed out the mighty aid - that I could give; they hooted at the idea, and said that crime was crime - and the old ways were the best ways." - </p> - <p> - Parks paused and looked up at the detective. "They have since changed - their minds," he added. - </p> - <p> - "What did Mr. Mason think of your method of securing clients?" said - Hogarth. - </p> - <p> - "That was my greatest difficulty," continued Parks. "I resorted to every - known trick in order to prevent him from learning how the men happened to - come to him, and so far I have been successful. He has never suspected me, - and has steadily believed that those who came to him with difficulties - were attracted by his great reputation. By this means, Mr. Mason has made - vast sums of money, but what he has done with it is a mystery. I have - attempted to save what I could, but I have not enough for this extended - trip to the south of France. Now, do you understand me?" - </p> - <p> - "Yes," answered the detective, "you want to find where his money is - hidden." - </p> - <p> - "No," said Parks, with a queer smile, "I am not seeking impossible - ventures. What Randolph Mason chooses to make a mystery will remain so to - the end of time, all the detectives on the earth to the contrary." - </p> - <p> - "What do you want, then?" asked Hogarth, doggedly. - </p> - <p> - Parks drew his chair nearer to the man and lowered his voice. "My friend," - he said, "this recent change in the administration of the city has thrown - you out on your uppers. Your chief is gone for good, and with him all your - hopes in New York. It was a rout, my friend, and they have all saved - themselves but you. What is to become of you?" - </p> - <p> - "God knows!" said the detective. "Of course I am still a member of the - agency, but there is scarcely bread in that." - </p> - <p> - "This world is a fighting station," continued Parks. "The one intention of - the entire business world is robbery. The man on the street has no sense - of pity; he grows rich because he conceives some shrewd scheme by which he - is enabled to seize and enjoy the labor of others. His only object is to - avoid the law; he commits the same wrong and causes the same resulting - injury as the pirate. The word 'crime,' Hogarth, was invented by the - strong with which to frighten the weak; it means nothing. Now listen, - since the thing is a cutthroat game, why not have our share of the spoil?" - Hogarth's face was a study; Parks was shrewdly forcing the right door. - </p> - <p> - "My friend," the little man went on, "we can make a fortune by a twist of - the wrist, and go scot-free with the double eagles clinking in our - pockets. We can make it in a day, and thereafter wag our heads at fortune - and snap our fingers at the law." - </p> - <p> - "How?" asked the detective. The door had broken and swung in. - </p> - <p> - "I will tell you," said Parks, placing his hand confidentially on the - man's shoulder. "Mr. Mason has a plan. I know it, because yesterday he was - walking up Broadway, apparently oblivious to everything. Suddenly his face - cleared up, and he stopped and snapped his fingers. 'Good!' he said, 'a - detective could do it, and it would be child play, child play.'" - </p> - <p> - Hogarth's countenance fell. "Is that all?" he said. - </p> - <p> - "All!" echoed Parks, bringing his hand down on the table. "Is n't that - enough, man? You don't know Randolph Mason. If he has a plan by which a - detective can make a haul, it is good, do you hear, and it goes." - </p> - <p> - "What does this mean, Parks?" said a voice. - </p> - <p> - The little clerk sprang up and whirled round. In his vehemence he had not - noticed the door-way. Randolph Mason stood in the shadow. He was thin and - haggard, his face was shrunken and unshaven, and he looked worn and - exhausted. - </p> - <p> - "Oh, sir," said Parks, gathering himself quickly, "this is my friend - Braxton Hogarth, and he is in great trouble. He came here to ask me for - help; we have been talking over the matter for many hours, and I don't see - any way out for him." - </p> - <p> - "Where has the trap caught him?" said Mason, coming into the room. - </p> - <p> - "It is an awful strange thing, sir," answered the clerk. "Mr. Hogarth's - only son is the teller of the Bay State Bank in New Jersey. This morning - they found that twenty thousand dollars was missing from the vault. No one - had access to the vault yesterday but young Hogarth. The cashier was in - this city, the combination was not known to any others. There is no - evidence of robbery. The circumstances are so overwhelming against young - Hogarth that the directors went to him and said plainly that if the money - was in its place by Saturday night he would not be prosecuted, and the - matter would be hushed up. He protested his innocence, but they simply - laughed and would not listen to him. The boy is prostrated, and we know - that he is innocent, but there is no way on earth to save him unless Mr. - Hogarth can raise the money, which is a hopeless impossibility." - </p> - <p> - Parks paused, and glanced at Hogarth, the kind of glance that obtains - among criminals when they mean, "back up the lie." - </p> - <p> - The detective buried his face in his hands. - </p> - <p> - "The discretion of Fate is superb," said Mason. "She strikes always the - vulnerable spot. She gives wealth if one does not need it; fame, if one - does not care for it; and drives in the harpoon where the heart is." - </p> - <p> - "The strange thing about it all, sir," continued Parks, "is that Mr. - Hogarth has been a detective all his life and now is a member of the - Atlantic Agency. It looks like the trailed thing turning on him." - </p> - <p> - "A detective!" said Mason, sharply. "Ah, there is the open place, and - there we will force through." - </p> - <p> - The whole appearance of the man changed in an instant. He straightened up, - and his face lighted with interest. He drew up a chair and sat down at the - table, and there, in the chill dark of that November morning, he unfolded - the daring details of his cross-plot, and the men beside him stared in - wonder. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0040" id="link2H_4_0040"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - II. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">A</span>bout one o'clock - on Thursday afternoon, William Walson, manager of the great Oceanic Coal - Company, stepped out of the Fairmont Banking House in the Monongahela - mining regions of West Virginia. It was pay-day at his mine, and he - carried a black leather satchel in his hand containing twenty thousand - dollars in bills. At this time the gigantic plant of this company was - doing an enormous business. The labor unions of the vast Pennsylvania coal - regions were out on the bitterest and most protracted strike of all - history. The West Virginia operators were moving the heavens in order to - supply the market; every man who could hold a pick was at work under the - earth day and night. - </p> - <p> - The excitement was something undreamed of. The region was overrun with - straggling workmen, tramps, "hobos," and the scum criminals of the cities, - and was transformed as if by magic into a hunting-ground where the keen - human ferret stalked the crook and the killer with that high degree of - care and patience which obtains only with the man-hunter. - </p> - <p> - William Walson was tall, with short red beard and red hair, black eyes, - and rather a sharp face; his jaw was square, bespeaking energy, but his - expression was rather that of a man who won by the milder measures of - conciliation and diplomacy. For almost a month he had been taxing his - physical strength to the uttermost, and on this afternoon he looked worn - and tired out utterly. He walked hurriedly from the bank door to the - buck-board, untied the horse, raised the seat, and put the satchel down in - the box under the cushion, then climbed in and drove away. - </p> - <p> - The great plant of the Oceanic Coal Company was on a branch of the - railroad, some considerable distance from the main line by rail, but only - a few miles over the hills from the Fairmont Junction. William Walson - struck out across the country road. The sun shone warm. He had lost so - much sleep that presently he began to feel drowsy, and as the horse jogged - along he nodded in his seat. - </p> - <p> - About a mile from the town, at the foot of a little hill in the woods, a - man stepped suddenly out from the fence and caught the horse by the - bridle. Walson started and looked up. As he did so the stranger covered - him with a revolver and bade him put up his hands and get out of the - buck-board. The coal dealer saw in a moment that the highwayman meant what - he said, and that resistance would be folly. He concluded also that he was - confronted by one of the many toughs at large in the neighborhood, and - that the fellow's intention was simply to rob him of his personal effects - and such money as he might have in his pockets; it was more than probable - that the man before him had no knowledge of the money hidden under the - seat and would never discover it. - </p> - <p> - "Tie your horse, sir," said the highwayman. - </p> - <p> - Walson loosed the hitch strap and fastened the horse to a small tree by - the roadside. - </p> - <p> - "Turn your back to me," said the robber, "and put out your hands behind - you." The coal dealer obeyed, thinking that the fellow was now going - through his pockets. To his surprise and astonishment the man came up - close behind him and snapped a pair of handcuffs on his wrists. - </p> - <p> - "What do you mean by this?" cried Watson, whirling round on his heels. - </p> - <p> - The big man with the revolver grinned. "You will find out soon enough," he - said. "Move along; the walking is good." - </p> - <p> - William Watson was utterly at sea. He could not understand why this man - should kidnap him, and start back with him to the town. What could the - highwayman possibly mean by this queer move? At any rate it was evident - that he had no knowledge of the money, and Walson reasoned shrewdly that, - if he remained quiet and submissive, the vast sum in the buck-board would - escape the notice of this erratic thief. - </p> - <p> - The two men walked along in silence for some time; the highwayman was big, - with keen gray eyes and a shrewd face; he seemed curiously elated. When - the two came finally to the brow of the hill overlooking the town, Walson - stopped and turned to his strange captor; he was now convinced that the - fellow was a lunatic. - </p> - <p> - "Sir," he said, "what in Heaven's name are you trying to do?" - </p> - <p> - "Introduce you to your fellows in Sing Sing, my friend," answered the - highwayman. "The gang will be glad to welcome Red Lead Jim." - </p> - <p> - It all came to the coal dealer in a moment "Oh, you miserable ass!" he - cried, "what an infernal mistake! My name is William Walson, I am the - manager of the Oceanic Coal Company, there is twenty thousand dollars in - that buck-board. I must go back to it or it will be lost. Here take off - these damned handcuffs, and be quick about it." And he literally danced up - and down in the road with rage. - </p> - <p> - His companion leaned against the fence and roared with laughter. "You are - a smooth one, Red, but the job and your twenty thousand will keep." - </p> - <p> - Walson's face changed. "Come," he said, "let us get this fool business - over," and he began to run down the hill to the town, his captor following - close beside him. - </p> - <p> - Men came out into the street in astonishment when they saw the strange - pair. Walson was dusty and cursing like a pirate. He called upon the crowd - that was quickly gathering, to identify him and arrest his idiotic - kidnapper. The people explained that Mr. Walson was all right, that he was - a prominent citizen, that it was all some horrible mistake. But the fellow - hung on to his man until he got him to the jail. There the sheriff freed - Walson and demanded an explanation. The mob crowded around to hear what it - all meant. The stranger seemed utterly astonished at the way the people - acted. He said that his name was Braxton Hogarth, that he was a New York - detective, an employee of the Atlantic Agency; that he was trailing one - Red Lead Jim, a famous bank cracker who was wanted in New York for robbery - and murder; that he had tracked him to West Virginia, and that coming - suddenly upon William Walson in the road he had believed him to be the - man, had arrested him, and brought him at once to the town in order to - have him extradited. He said that if Walson was not the man it was the - most remarkable case of mistaken identity on record. He then produced a - photograph, to which was attached a printed description. The photograph - was an excellent likeness of Walson, and the description fitted him - perfectly. The coal dealer was dumbfounded and joined with the crowd in - admitting the excusableness of the detective's mistake under the very - peculiar circumstances, but he said that the story might not be true, and - asked the sheriff to hold the detective in custody until he was fully - convinced that everything was as Hogarth said. The detective declared - himself perfectly satisfied with this arrangement, and William Walson - secured a horse and hurried back to his buck-board. - </p> - <p> - The perilous vocation of Hogarth had inured him to tragic positions. He - was thoroughly master of his hand and was playing it with quiet and - accurate precision. He asked the sheriff to telegraph the agency and - inform it of the situation and said that it would immediately establish - the truth of his statement. - </p> - <p> - That night the mining town of Fairmont was in an uproar. The streets were - filled with excited men loudly discussing the great misfortune that had so - strangely befallen the manager of the Oceanic Coal Company. It had - happened that when William Walson returned to his buck-board, after his - release by the sheriff, he found the horse lying dead by the roadside, and - the buck-board a heap of ashes and broken irons. The charred remains of - the satchel were found under the heap of rubbish, but it was impossible to - determine whether the money had been carried away or destroyed by the - fire. A jug that had lately contained liquor was found near by. All the - circumstances indicated that the atrocious act was the malicious work of - some one of the roving bands of drunken cutthroats. But the wonder of it - all was the coincidence of the detective and the glaring boldness of the - fiend "hobos." - </p> - <p> - The Atlantic Agency of New York, answered the sheriff's telegram - immediately, confirming Hogarth's statement, and referring to the District - Attorney of New York and the Chief of Police; These answered that the - agency was all right and that its statement should be accepted as correct. - Finally, as a last precaution, the sheriff and the president of the - Oceanic Coal Company talked with the New York Police Chief by - long-distance telephone. When they were at length assured that the - detective's story was true, he was released and asked to go with the - president before the board of directors. Here he went fully over the whole - matter, explaining that the man, Red Lead Jim, was a desperate character, - and for that reason he had been so severe and careful, not daring to risk - the drive back to town in the buck-board. When asked his theory of the - robbery, he said that the first impression of the people was undoubtedly - correct, that the country was full of wandering gangs of desperate - blacklegs, that the money being in paper was perhaps destroyed by the fire - and not discovered at all by the thugs in their malicious and drunken - deviltry. - </p> - <p> - The board of directors were not inclined to censure Hogarth, suggesting - that after all he had perhaps saved the life of William Walson, as it was - evident that the drunken "hobos" would have murdered him if he had been - present when they chanced upon the horse and buck-board. Nevertheless, the - detective seemed utterly prostrated over the great loss that had resulted - from his unfortunate mistake, and left for New York on the first train. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0041" id="link2H_4_0041"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - III. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he following night - two men stepped from the train at Jersey City and turned down towards the - ferry. For a time they walked along in silence; suddenly the big one - turned to his companion. "Parks," he said, "you are a lightning operator, - my boy, you should play the mob in a Roman drama." - </p> - <p> - "I fixed the 'hobo' evidence all right, Hogarth," answered the other, "and - I have not forgotten the trust fund," whereupon he winked at his big - companion and tapped on the breast of his coat significantly. - </p> - <p> - The detective's face lighted up and then grew anxious. "Well," he said, - lowering his voice, "are we going to try the other end of it?" - </p> - <p> - "Why not?" answered the little clerk. "Don't we need the trust fund - doubled?" - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0042" id="link2H_4_0042"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - IV. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">T</span>he great gambling - house of Morehead, Opstein, & Company was beginning to be deserted by - the crowd that had tempted the fickle goddess all night long to their - great hurt. It was now four o'clock in the morning, and only one or two of - the more desperate losers hung on to play. Snakey the Parson, a thin - delicate knave, with a long innocent, melancholy face, was dealing faro - for the house. "Snakey" was a "special" in the parlance of the guild; his - luck was known to come in "blizzards"; if he won, to use the manager's - language, he won out through the ceiling, and if he lost, he lost down to - his health. For this reason Snakey the Parson was not a safe man as a - "regular," but he was a golden bonanza when the cards went his way, and - to-night they were going his way. - </p> - <p> - The stragglers drifted out one by one and the dealer was preparing to quit - the table when the door opened and two men entered: one was a little old - man with a white beard and a lean, hungry face; the other was a big, - half-drunken cattle drover. The two came up to the table and stood for a - moment looking at the lay-out. A faint smile passed over the face of - Snakey the Parson, he knew the types well, they were western - cattle-shippers with money. - </p> - <p> - "How high do ye go, mister?" said the little man. - </p> - <p> - "Against the sky," answered the dealer, sadly. - </p> - <p> - "Then I'll jist double me pile," said the little old man, reaching down - into his pocket and fishing up a roll of bills wrapped in a dirty old - newspaper. He counted the money and placed it upon the table. - </p> - <p> - The dealer looked up in astonishment. "Ten thousand!" he said. - </p> - <p> - "Yep," answered the old man, "an I want ter bet hit on the jack er - spades." - </p> - <p> - The dealer pushed a stack of yellow chips across the table. - </p> - <p> - "No, siree," said the player, "you don't give me no buttons. I' ll put my - pile on this side and you put your pile on t'other side, and the winner - takes 'em." - </p> - <p> - Snakey the Parson wavered a moment. It was against the rules, but here was - too good a thing to lose. He turned, counted out the money, and placed it - on his right, and began to deal from the box. The cards fell rapidly. For - a time the blacks ran on the side of the house. Suddenly they changed and - the queen and the ten of spades fell on the left. The dealer saw the card - under his thumb and paused. The keen eyes of the old man were fixed on - him. He determined to take the long chance, knowing that the loss was only - temporary; and the jack of spades came up and fell on the side of the - stranger. - </p> - <p> - With a whoop of joy the old man clutched the money. "I am going to try her - agin!" he cried. - </p> - <p> - "Hold on," said the big cattle-drover, pushing up to the table; "my wad is - as good as you; it is my turn now." - </p> - <p> - The dealer grinned. "You can both play, gentlemen," he said, speaking with - a low, sweet accent. - </p> - <p> - "No, we can't," muttered the drover, with the childish obstinacy of a - half-drunken man. "I want the whole shooting match to myself; he can have - the next whirl at her." - </p> - <p> - Thereupon the drover dragged a big red pocket book from somewhere inside - his coat, took out a thick, straight package of bills, and laid it down on - the table. - </p> - <p> - "How much?" said the dealer, running his finger over the end of the - package. - </p> - <p> - '"Same as Abe's," said the drover. - </p> - <p> - "Here," said the little old man, peevishly, "if you won't let me play, bet - my roll with yourn," and he pushed the ten thousand of his own money to - his companion, and placed the money, which he had won from the bank, in - his pocket. The drover took the money and piled it up on the ace of - spades. - </p> - <p> - The dealer's face grew pensive and sweet; it was all right this time; he - was going to round off the night with a golden <i>coup d' état</i>. He - opened the safe behind him, counted out twenty thousand in big bills, and - piled it up on one side of the bank. Then he opened the box and began. The - old man wandered around the room; the big, half-drunken cattle-shipper - hung over the table. Snakey, the Parson scarcely saw either; he was intent - on manipulating the box, and his hand darted in and out like a white - snake. Suddenly the ace of spades flew out, and fell on the side of the - house. The quick dealer clapped his left hand over the box and put out his - right for the player's money. As he did so, the big drover bent forward - and thrust a revolver into his face. - </p> - <p> - "No, you don't," he growled, "this is my money and I will not leave it, - thank you." - </p> - <p> - Snakey the Parson glanced at the man and knew that he had been fooled, but - he was composed and clear-headed. Under the box on the right were weapons - and the electric button; he began to take his right hand slowly from the - table. - </p> - <p> - "Stop!" said the drover, sharply, "that game won't work!" - </p> - <p> - The dealer looked up into the player's face, and dropped his hands; he was - a brave man, and desperate, as gamblers go, but he knew death when he saw - it; his face turned yellow and became ghastly, but he did not move. - </p> - <p> - The drover took up his money from the lay-out, and handed it to the old - man. He used his left hand only, and did not take his eyes from the - gambler's face. The old man thrust the bundle of bills in his pocket, and - hurried from the room. The gambler sat rigid as a wax figure. The drover - waited until his companion had sufficient time to get thoroughly away from - the house; then he began to move slowly backward to the door, keeping the - gambler covered with the weapon. The faro dealer watched every move of the - drover, like a hawk, but he did not attempt to take his hand from the - table; the muzzle of the revolver was too rigid; it was simply moving - backward from his face in a dead straight line. At the door the drover - stopped, drew himself together, then sprang suddenly through and bounded - down the stairs. - </p> - <p> - Snakey the Parson touched the electric button, and as the drover rushed - into the street, two policemen caught him by the shoulder. - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0043" id="link2H_4_0043"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - V - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">W</span>ell," said the - Police Chief, "I am tired of making an ass of myself; Mr. Mason says this - cattle drover has committed no crime except a petty assault, and if he is - right, I want to know it. That man beats the very devil. Every time I have - sent up a case against his protest the judges have pitched me out on my - neck, and the thing has got to be cursedly monotonous." - </p> - <p> - The District Attorney smiled grimly, and turned around in his chair. "Have - you given me all the details?" he said. - </p> - <p> - "Yes," answered the official, "just exactly as they occurred." - </p> - <p> - The District Attorney arose, thrust his hands into his pockets, and looked - down at the great man-hunter; there was a queer set to his mouth, and the - merest shadow of a twinkle in his eyes. - </p> - <p> - "Well, my friend," he said, "you are pitched out on your neck again." - </p> - <p> - The official drew a deep breath, and his face fell. "Then it is not - robbery?" he said. - </p> - <p> - "No," answered the attorney. - </p> - <p> - "Well," mused the Police Chief, "this law business is too high for me. I - have spent my life dealing with crimes, and I thought I knew one when I - saw it; but I give it up, I don't know the first principles. Why, here is - a fellow who voluntarily goes into a gambling house, plays and loses, then - draws a revolver and forcibly takes away the money which, by the rules of - the play, belongs to the house; robs the dealer by threatening to kill - him; steals the bank's money, and fights his way out. It cannot matter - that the man robbed was a lawbreaker himself, or that the crime occurred - in a gambling house. It is the law of New York that has been violated; the - place and parties are of no importance. Here is certainly the force and - the putting in fear that constitute the vital element of robbery; and yet - you say it is not robbery. You have me lost all right." - </p> - <p> - "My dear sir," put in the District Attorney, "the vital element of robbery - is not the force and terror but is what is called in the books the <i>animus - furandi</i>, meaning the intention to steal. The presence of this - felonious intent determines whether or not the wrong is a crime. If it be - not present there can be no robbery, no matter how great the force, - violence, or putting in fear, or how graven serious, or irreparable the - resulting injury. - </p> - <p> - "It is true indeed that the force and terror are elements, but the vital - one is the intent. If force and violence one takes his own property from - the possession of another, it is no robbery; nor is it robbery for one to - take the property of another by violence under the belief that it is his - own, or that he has some right to it, or by mistake or misunderstanding, - although vast loss be caused thereby and great wrong and hurt result." - </p> - <p> - "I have no hope of ever understanding it," said the Police Chief; "I am - only a common man with a short life time." - </p> - <p> - "Why, sir," continued the attorney, "it is as plain as sunlight. Robbery - is compounded of larceny and force. It is larceny from the person by - violence, but in order to constitute it the property must be taken from - the peaceable possession of the party and it must be taken <i>animo - furandi</i>. Neither of these happened in the case you state, because the - faro dealer, by means of an unlawful game, could not secure any color of - right or title to the money which he should win by it. Therefore the money - taken was not his property, and could not have been taken from his - peaceable possession. - </p> - <p> - "In the second place, this vital element of robbery, the animus furandi, - is totally wanting, for the reason that the player, in forcibly seizing - the money which he had lost, was actuated by no intention to steal, but, - on the contrary, was simply taking possession of his own property, - property to which he had a full legal right and title." - </p> - <p> - "But," put in the officer, "there was the other ten thousand which the old - man won, they got away with that; if the game was unlawful they had no - right to that." - </p> - <p> - "True," said the lawyer. "The old man had no title to the ten thousand - which he had won, but he did not steal it; the dealer gave it to him of - his own free will, and the old man had it in his possession by the full - voluntary consent of the dealer some time before the resort to violence. - There was clearly no crime in this." - </p> - <p> - "Damn it all!" said the Police Chief, wearily, "is there no way to get at - him, can't we railroad him before a jury?" - </p> - <p> - The District Attorney looked at the baffled officer and grinned ominously. - "My friend," he said, "there is no power in Venice can alter a decree - established. The courts have time and again passed upon cases exactly - similar to this, and have held that there was no crime, except, perhaps, a - petty misdemeanor. We could not weather a proceeding on <i>habeas corpus</i> - ten minutes; we could never get to a jury. When the judge came to examine - the decisions on this question we would go out, as you expressed it, on - our necks." - </p> - <p> - "Well," muttered the Police Chief, as he pulled on his coat, "it is just - as Randolph Mason said, out he goes." - </p> - <p> - The attorney laughed and turned to his desk. The officer crossed to the - door, jerked it open, then stopped and faced round. "Mr. District - Attorney," he said, "won't there be hell to pay when the crooks learn the - law?" Then he stalked through and banged the door after him. - </p> - <p> - The District Attorney looked out of the window and across the street at - the dirty row of ugly buildings. "Humph!" he said, "there is something in - that last remark of the Chief." - </p> - <p> - <br /><br /> - </p> - <hr /> - <p> - <a name="link2H_4_0044" id="link2H_4_0044"> </a> - </p> - <div style="height: 4em;"> - <br /><br /><br /><br /> - </div> - <h2> - VI. - </h2> - <p class="pfirst"> - <span class="dropcap" style="font-size: 4.00em">B</span>raxton Hogarth, - detective, member of the Atlantic Agency, in good standing, now, by right - of law and by virtue of his craft, restored to his freedom and identity, - stepped back and was swallowed up by the crowd. - </p> - <p> - The great ocean liner steamed out from the port of New York on its - pathless journey to the sunny south of France. Randolph Mason sat in an - invalid chair close up to the rail of the deck; he was grim, emaciated, - and rigidly ugly. His body was exhausted, worn out utterly long ago, but - the fierce mysterious spirit of the man was tireless and wrought on - unceasingly. - </p> - <p> - For a time he was silent, his eyes wide, and his jaw set like a wolf trap. - Suddenly he clutched the rail and staggered to his feet. - </p> - <p> - "Parks," he muttered,—"Parks, this ship is worth a million dollars. - Come with me to the cabin and I will show you how it may be wrested from - the owners and no crime committed; do you understand me, Parks? no crime!" - </p> - <p> - <i>Note.—For the purpose of a complete demonstration, two situations - are here combined. In the first, the crime of robbery was committed, but - in such a manner as to completely evade an inference of the </i>animus - furandi<i>, although it was in fact present and obtained. In the second, - there was no robbery, the </i>animus furandi<i> being entirely absent, - although it apparently existed in a conspicuous degree.</i> - </p> - <h3> - THE END. - </h3> - <div style="height: 6em;"> - <br /><br /><br /><br /><br /><br /> - </div> - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of The Strange Schemes of Randolph Mason, by -Melville Davisson Post - -*** END OF THIS PROJECT GUTENBERG EBOOK STRANGE SCHEMES *** - -***** This file should be named 51956-h.htm or 51956-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/1/9/5/51956/ - -Produced by David Widger from page images generously -provided by the Internet Archive - - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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