"I thought," she stammered--"I might--possibly--be of help to you."

"'Tis too late to make up for the harm ye've done!" His coal-black eyes

reached into her shrinking body as if to tear out her heart.

"I!" she gasped. "I--do harm! What do you mean?"

"Did not my sister Katie work for yez?" he asked, and his words leaped

and curled about her like hissing flames. "Did you see after her or

watch her comings and goings, as she saw after you--she a mere lass of

sixteen? Arrah! No!"

With a sensation of horror Miss Althea realized that at last she was in

a murder case in spite of herself! This lad, the brother of Katie, the

waitress whom she had discharged! How curious! And how unfortunate! His

charge was preposterous; nevertheless a faint blush stole to her cheek

and she looked away.

"How ridiculous!" she managed to say. "It was no part of my obligation

to look after her! How could I?"

His hawk's eyes watched her every tremor.

"Did ye not lock her out the night of the ball when she went wid

McGurk?"

"I--how absurd!"

Suddenly she faltered. An indistinct accusing recollection turned her

faint--of the housekeeper having told her that one of the girls insisted

on going to a dance on an evening not hers by arrangement, and how she

had given orders that the house should be closed the same as usual at

ten o'clock for the night. If the girl couldn't abide by the rules of

the Beekman ménage she could sleep somewhere else. What of it? Supposing

she had done so? She could not be held responsible for remote,

unreasonable and discreditable consequences!

And then by chance Shane O'Connell made use of a phrase that indirectly

saved his life, a phrase curiously like the one used on a former

occasion by Dawkins to Miss Althea:

"Katie was a member of your household; ye might have had a bit of

thought for her!" he asserted bitterly.

Dawkins had said: "You'd think a girl would have some consideration for

her employer, if nothing else. In a sense she is a guest in the house

and should behave herself as such."

There was no sense in it! There was no parallel, no analogy. There was

no obligation to treat the girl as a guest, even though the girl should

have acted like one. Miss Beekman knew it. And yet there was--something!

Didn't she owe some sort of duty at any rate toward those in her

employment--those who slept under her roof?

"'Twould have been better to have been kind to her then than to be kind

to me now!" said he with sad conviction.

The proud Miss Althea Beekman, the dignified descendant of a long line

of ancestors, turned red. Heretofore serenely confident of her own

personal virtue and her own artificial standards of democracy, she now

found herself humiliated and chagrined before this rough young criminal.

"You--are--quite right!" she confessed, her eyes smarting with sudden

tears. "My position is quite--quite illogical. But of course I had no

idea! Please, please let me try to help you--if I can--and Katie,

too--if it isn't too late."

Shane O'Connell experienced contrition. After all it was not seemly that

the likes of him should be dictating to the likes of her. And he could

never abide seeing a woman--particularly a pretty woman--cry.

"Forgive me, madam!" he begged, lowering his head.

"You were quite justified in all you said!" she assured him. "Please

tell me everything that has happened. I have influence with the district

attorney and--in other places. No doubt I can be of assistance to you.

Of course, you can absolutely trust me!"

Shane O'Connell, looking into her honest gray eyes, knew that he could

trust her. Slowly--brokenly--tensely, he told her how he had killed Red

McGurk, and why.

The corridors were full of shadows when Althea Beekman put her hands on

Shane O'Connell's shoulders and bade him good night. Though she

abominated his crime and loathed him for having committed it she felt in

some way partially responsible, and she also perceived that, by the code

of the O'Connells, Shane had done what he believed to be right. He had

taken the law into his own hands and he was ready to pay the necessary

penalty. He would have done the same thing all over again. To this

extent at least he had her respect.

She found Mr. Tutt waiting for her on the bench by the warden's office.

"Well?" he asked with a smile, rising to greet her and tossing away his

stogy.

"I haven't very good news for you," she answered regretfully. "He's

confessed to me--told me everything--why he shot him and where he bought

the pistol. He's a brave boy, though! It's a sad case! But what can you

do with people who believe themselves justified in doing things like

that?"

She did not notice Detective Eddie Conroy, of the D.A.'s office,

standing behind an adjacent pillar, ostentatiously lighting a cigar; nor

see him smile as he slowly walked away.

* * * * *

"Talk about luck!" exulted O'Brien, the yellow dog of the district

attorney's office, an hour later to his chief. "What do you think, boss?

Eddie Conroy heard Miss Beekman telling old man Tutt over in the Tombs

that O'Connell had confessed to her! Say, how's that? Some

evidence--what?"

"What good will that do us?" asked Peckham, glancing up with a scowl

from his desk. "She won't testify for us."

"But she'll have to testify if we call her, won't she?" demanded his

assistant.

The district attorney drummed on the polished surface before him.

"We--ell, I suppose so," he admitted hesitatingly. "But you can't just

subpoena a woman like that without any warning and put her on the stand

and make her testify. It would be too rough!"

"It's the only way to do it!" retorted O'Brien with a sly grin. "If she

knew in advance that we were thinking of calling her she'd beat it out

of town."

"That's true," agreed his chief. "That's as far as she'd go, too, in

defying the law. But I don't much like it. Those Beekmans have a lot of

influence, and if she got sore she could make us a heap of trouble!

Besides it's sort of a scaly trick making her give up on him like that."

O'Brien raised his brows.

"Scaly trick! He's a murderer, isn't he? And he'll get off if we don't

call her. It's a matter of duty, as I see it."

"All the same, my son, your suggestion has a rotten smell to it. We may

have to do it--I don't say we won't--but it's risky business!" replied

Peckham dubiously.

"It's a good deal less risky than not doing it, so far as your candidacy

next autumn is concerned!" retorted his assistant. "We won't let her

suspect what we're goin' to do; and the last minute I'll call her to the

stand and cinch the case! She won't even know who called her! Perhaps I

can arrange with Judge Babson to call her on some other point and then

pretend to sort of stumble onto the fact of the confession and examine

her himself. That would let us out. I can smear it over somehow."

"You'd better," commented Peckham, "unless you want a howl from the

papers! It would make quite a story if Miss Althea Beekman got on the

rampage. She could have your scalp, my boy, if she wanted it!"

"And McGurk could have yours!" retorted O'Brien with the impudence born

of knowledge.

The prosecution of Shane O'Connell, which otherwise might have slowly

languished and languishing died, took on new life owing to the evidence

thus innocently delivered into the hands of the district attorney; in

fact it became a _cause célèbre_. The essential elements to convict were

now all there--the _corpus delicti_, evidence of threats on the part of

the defendant, of motive, of opportunity, and--his confession. The law

which provides that the statement of an accused "is not sufficient to

warrant his conviction without additional proof that the crime charged

has been committed" would be abundantly satisfied--though without his

confession there would have been no proof whatever that the crime

charged had been committed by him.

Thus, without her knowing it, Miss Beekman was an essential witness and,

in fact, the pivot upon which the entire case turned.

The day of the great sporting event came. With it arrived in full

panoply the McGurks, their relatives and followers. All Cherry Hill

seemed to have packed itself into Part I of the Supreme Court. There was

an atmosphere somehow suggestive of the races or a prize fight. But it

was a sporting event which savored of a sure thing--really more like a

hanging. They were there to make holiday over the law's revenge for the

killing of the darling of the Pearl Button Kids. Peckham personally

assured McGurk that everything was copper-fastened.

"He's halfway up the river already!" he said jocularly.

And McGurk, swelling with importance and emotion, pulled a couple of

cigars from his pocket and the two smoked the pipe of peace.

But the reader is not particularly concerned with the progress of the

trial, for he has already attended many. It is enough to say that a jury

with undershot jaws, who had proved by previous experience their

indifference to capital punishment and to all human sympathy, were

finally selected and that the witnesses were duly called, and testified

to the usual facts, while the Pearl Button Kids and the rest, spitting

surreptitiously beneath the benches, eagerly drank in every word. There

was nothing for Mr. Tutt to do; nothing for him to deny. The case built

itself up, brick by brick. And Shane O'Connell sat there unemotionally,

hardly listening. There was nothing in the evidence to reflect in any

way upon the honor of the O'Connells in general or in particular. He had

done that which that honor demanded and he was ready to pay the

penalty--if the law could get him. He assumed that it would get him. So

did the Tutts.

But when toward the end of the third day nothing had yet been brought

forward to connect him with the crime Tutt leaned over and whispered to

Mr. Tutt, "D'ye know, I'm beginning to have a hunch there isn't any

case!"

Mr. Tutt made an imperceptible gesture of assent.

"Looks that way," he answered out of the corner of his mouth. "Probably

they'll spring the connecting evidence at the end and give us the _coup

de grâce_."

At that moment a police witness was released from the stand and O'Brien

stepped to the bench and whispered something to the judge, who glanced

at the clock and nodded. It was twenty minutes of four, and the jury

were already getting restless, for the trial had developed into a

humdrum, cut-and-dried affair.

Miss Beekman sitting far back in the rear of the court room suddenly

heard O'Brien call her name, and a quiver of apprehension passed through

her body. She had never testified in any legal proceeding, and the idea

of getting up before such a crowd of people and answering questions

filled her with dismay. It was so public! Still, if it was going to help

O'Connell--

"Althea Beekman," bellowed Cap. Phelan, "to the witness chair!"

Althea Beekman! The gentle lady felt as if she had been rudely stripped

of all her protective clothing. Althea! Did not the law do her the

courtesy of calling her even "Miss"? Nerving herself to the performance

of her duty she falteringly made her way between the crowded benches,

past the reporters' table, and round back of the jury box. The judge,

apparently a pleasant-faced, rather elderly man, bowed gravely to her,

indicated where she should sit and administered the oath to her himself,

subtly dwelling upon the phrase "the whole truth," and raising his eyes

heavenward as he solemnly pronounced the words "so help you God!"

"I do!" declared Miss Beekman primly but decidedly.

Behind her upon the court-room wall towered in its flowing draperies the

majestic figure of the Goddess of the Law, blindfolded and holding aloft

the scales of justice. Beside her sat in the silken robes of his sacred

office a judge who cleverly administered that law to advance his own

interests and those of his political associates. In front of her,

treacherously smiling, stood the cynical, bullet-headed O'Brien. At a

great distance Mr. Tutt leaned on his elbows at a table beside Shane

O'Connell. To them she directed her gaze and faintly smiled.

"Miss Beekman," began O'Brien as courteously as he knew how, "you

reside, do you not, at Number 1000 Fifth Avenue, in this city and

county?"

"I do," she answered with resolution.

"Your family have always lived in New York, have they not?"

"Since 1630," she replied deprecatingly and with more confidence.

"You are prominent in various philanthropic, religious and civic

activities?"

"Not prominent; interested," she corrected him.

"And you make a practise of visiting prisoners in the Tombs?"

She hesitated. What could this be leading to?

"Occasionally," she admitted.

"Do you know this defendant, Shane O'Connell?"

"Yes."

"Did you see him on the twenty-third day of last month?"

"I think so--if that was the day."

"What day do you refer to?"

"The day I had the talk with him."

"Oh, you had a talk with him?"

"Yes."

"Where did you have that talk with him?"

"In the counsel room of the Tombs."

O'Brien paused. Even his miserable soul revolted at what he was about to

do.

"What did he say?" he asked, nervously looking away.

Something in his hangdog look warned Miss Beekman that she was being

betrayed, but before she could answer Mr. Tutt was on his feet.

"One moment!" he cried. "May I ask a preliminary question?"

The court signified acquiescence.

"Was that conversation which you had with the defendant a confidential

one?"

"I object to the question!" snapped O'Brien. "The law recognizes no

confidential communications as privileged except those made to a priest,

a physician or an attorney. The witness is none of these. The question

is immaterial and irrelevant."

"That is the law," announced the judge, "but under all the circumstances

I will permit the witness to answer."

Miss Beekman paused.

"Why," she began, "of course it was confidential, Mr. Tutt. O'Connell

wouldn't have told me anything if he had supposed for one moment I was

going to repeat what he said. Besides, I suggested that I might be able

to help him. Yes, certainly our talk was confidential."

"I am sorry," gloated O'Brien, "but I shall have to ask you what it

was."

"That is not a question," said Mr. Tutt calmly.

"What did the defendant say to you in the counsel room of the Tombs on

the twenty-third of last month?" cautiously revised O'Brien.

"I object!" thundered Mr. Tutt, his form towering until seemingly it

matched that of the blind goddess in height. "I object to the answer as

requiring a breach of confidence which the law could not tolerate."

Judge Babson turned politely to Miss Beekman.

"I regret very much that I shall be obliged to ask you to state what

the defendant said to you. You will recall that you yourself volunteered

the information that you had had the talk in question. Otherwise"--he

coughed and put up his hand--"we might possibly never have learned of

it. A defendant cannot deprive the people of the right to prove what he

may have divulged respecting his offense merely by claiming that it was

in confidence. Public policy could never allow that. It may be

unpleasant for you to answer the question but I must ask you to do so."

"But," she protested, "you certainly cannot expect me to betray a

confidence! I asked O'Connell to tell me what he had done so that I

could help him--and he trusted me!"

"But you are not responsible for the law! He took his chance!"

admonished the judge.

Slowly Miss Althea's indignation rose as she perceived the dastardly

trick which O'Brien had played upon her. Already she suspected that the

judge was only masquerading in the clothing of a gentleman. With a white

face she turned to Mr. Tutt.

"Does the law require me to answer, Mr. Tutt?" she inquired.

"Do not ask questions--answer them," ordered Babson brusquely, feeling

the change in her manner. "You are a witness for the people--not the

defendant."

"I am not a witness against O'Connell!" she declared. "This

man"--indicating O'Brien scornfully--"has in some way found out that

I--Oh, surely the law doesn't demand anything so base as that!"

There was silence. The wheels of justice hung on a dead center.

"Answer the question," remarked His Honor tartly.

All Miss Beekman's long line of ancestors turned in their graves. In her

Beekman blood the chief justice, the ambassador, the great editor, the

signer of the Declaration of Independence, stirred, awoke, rubbed their

eyes and sternly reared themselves. And that blood--blue though it was

instead of scarlet like the O'Connells'--boiled in her veins and burned

through the delicate tissue of her cheeks.

"My conscience will not permit me to betray a confidence!" she cried

angrily.

"I direct you to answer!" ordered the judge.

"I object to the court's threatening the witness!" interjected Mr. Tutt.

"I wish it to appear upon the record that the manner of the court is

most unjudicial and damaging to the defendant."

"Take your seat, sir!" barked Babson, his features swelling with anger.

"Your language is contemptuous!"

The jury were leaning forward intently. Trained militiamen of the

gibbet, they nevertheless admired this little woman's fearlessness and

the old lawyer's pugnacity. On the rear wall the yellow face of the old

self-regulating clock, that had gayly ticked so many men into the

electric chair, leered shamelessly across at the blind goddess.

"Answer the question, madam! If, as you claim, you are a patriotic

citizen of this commonwealth, having due respect for its institutions

and for the statutes, you will not set up your own ideas of what the law

ought to be in defiance of the law as it stands. I order you to answer!

If you do not I shall be obliged to take steps to compel you to do so."

In the dead silence that followed, the stones in the edifice of Miss

Beekman's inherited complacency, with each beat of the clock, fell one

by one to the ground until it was entirely demolished. Vainly she

struggled to test her conscience by her loyalty to her country's laws.

But the task was beyond her.

Tightly compressing her lips she sat silent in the chair, while the

delighted reporters scribbled furious messages to their city editors

that Miss Althea Beekman, one of the Four Hundred, was defying Judge

Babson, and to rush up a camera man right off in a taxi, and to look her

up in the morgue for a front-page story. O'Brien glanced uneasily at

Babson. Possible defiance on the part of this usually unassuming lady

had not entered into his calculations. The judge took a new tack.

"You probably do not fully understand the situation in which you are

placed," he explained. "You are not responsible for the law. Neither are

you responsible in any way for the consequences to this defendant,

whatever they may be. The matter is entirely out of your hands. You are

compelled to do as the court orders. As a law-abiding citizen you have

no choice in the matter."

Miss Althea's modest intellect reeled, but she stood her ground, the

ghost of the Signer at her elbow.

"I am sorry," she replied, "but my own self-respect will not allow me to

answer."

"In that case," declared Babson, playing his trump card, "it will be my

unpleasant duty to commit you for contempt."

There was a bustle of excitement about the reporters' table. Here was a

story!

"Very well," answered Miss Beekman proudly. "Do as you see fit, and as

your own duty and conscience demand."

The judge could not conceal his annoyance. The last thing in the world

that he wished to do was to send Miss Althea to jail. But having

threatened her he must carry out his threat or forever lose face.

"I will give the witness until tomorrow morning at half after ten

o'clock to make up her mind what she will do," he announced after a

hurried conference with O'Brien. "Adjourn court!"

Miss Beekman did not go to bed at all that night. Until a late hour she

conferred in the secrecy of her Fifth Avenue library with her

gray-haired solicitor, who, in some mysterious way, merely over the

telephone, managed to induce the newspapers to omit any reference to his

client's contemptuous conduct in their morning editions.

"There's no way out of it, my dear," he said finally as he took his

leave--he was her father's cousin and very fond of her--"this judge has

the power to send you to jail if he wants to--and dares to! It's an even

chance whether he will dare to or not. It depends on whether he prefers

to stand well with the McGurks or with the general public. Of course I

respect your attitude, but really I think you are a little quixotic.

Points of honor are too ephemeral to be debated in courts of justice. To

do so would be to open the door to all kinds of abuses. Dishonest

witnesses would constantly avail themselves of the opportunity to avoid

giving evidence."

"Dishonest witnesses would probably lie in the first place!" she

quavered.

"True! I quite overlooked that!" he smiled, gazing down at her in an

avuncular manner. "But to-day the question isn't open. It is settled,

whether we like it or not. No pledge of privacy, no oath of secrecy--can

avail against demand in a court of justice. Even confessions obtained by

fraud are admissible--though we might wish otherwise."

Miss Beekman shrugged her shoulders.

"Nothing you have said seems to me to alter the situation."

"Very well," he replied. "I guess that settles it. Knowing you and the

Beekman breed! There's one thing I must say," he added as he stood in

the doorway after bidding her good night--"that old fellow Tutt has

behaved pretty well, leaving you entirely alone this way. I always had

an idea he was a sort of shyster. Most attorneys of that class would

have been sitting on your doorstep all the evening trying to persuade

you to stick to your resolution not to give their client away, and to do

the square thing. But he's done nothing of the sort. Rather decent on

the whole!"

"Perhaps he recognizes a woman of honor when he sees one!" she retorted.

"Honor!" he muttered as he closed the door. "What crimes are sometimes

committed in thy name!"

But on the steps he stopped and looked back affectionately at the

library window.

"After all, Althea's a good sport!" he remarked to himself.

* * * * *

At or about the same moment a quite dissimilar conference was being held

between Judge Babson and Assistant District Attorney O'Brien in the

café of the Passamaquoddy Club.

"She'll cave!" declared O'Brien, draining his glass. "Holy Mike! No

woman like her is going to stay in jail! Besides, if you don't commit

her everybody will say that you were scared to--yielded to influence.

You're in the right and it will be a big card for you to show that you

aren't afraid of anybody!"

Babson pulled nervously on his cigar.

"Maybe that's so," he said, "but I don't much fancy an appellate court

sustaining me on the law and at the same time roasting hell out of me as

a man!"

"Oh, they won't do that!" protested O'Brien. "How could they? All

they're interested in is the law!"

"I've known those fellows to do queer things sometimes," answered the

learned judge. "And the Beekmans are pretty powerful people."

"Well, so are the McGurks!" warned O'Brien.

* * * * *

"Now, Miss Beekman," said Judge Babson most genially the next morning,

after that lady had taken her seat in the witness chair and the jury had

answered to their names, "I hope you feel differently to-day about

giving your testimony. Don't you think that after all it would be more

fitting if you answered the question?"

Miss Althea firmly compressed her lips.

"At least let me read you some of the law on the subject," continued His

Honor patiently. "Originally many people, like yourself, had the

mistaken idea that what they called their honor should be allowed to

intervene between them and their duty. And even the courts sometimes so

held. But that was long ago--in the sixteenth and seventeenth

centuries. To-day the law wisely recognizes no such thing. Let me read

you what Baron Hotham said, in Hill's Trial in 1777, respecting the

testimony of a witness who very properly told the court what the accused

had said to him. It is very clearly put:

By Advice of Counsel · 第 6 / 16 段