Closely confined to his quarters, Jerry Breton knew nothing of her

illness, and each hour of her silence, after he believed that she must

be aware of his position, buried deeper his hope that she would confess

when she discovered that he had assumed the suspicion of her mad crime.

With bitterness he reflected that the devotion of so fantastic a

creature was no more to be trusted than her moral principles; and bound

though he felt himself to shelter her, he yearned for the happiness and

honor she alone could restore to him.

Whether Pryor lived or died, his own career must end in a darkness whose

varying degrees seemed to Jerry scarcely worth remark. This story of

treacherous vengeance would be told to his own people, and to the woman

he loved. Oh, God! How his soul adored her purity, her pride, the

girlish exaltation for which he had used to profess a tender ridicule!

Had he been cruelly unjust to her, and to those others who were dear to

him? Yet would he not have been unutterably base had he crawled to

safety across the condemnation of Rosita, whose crime had resulted from

misguided love for him?

Like most of his compeers, Jerry had a character which was one of action

rather than of thought. In the sleepless thought of those forty-eight

hours his boyishness slipped from him forever, and he attained the full

stature of his manhood--God help us!--as most of humanity does so attain

in the forcing-house of suffering!

Twilight had come the second time when Captain Blount knocked at the

door of Jerry’s quarters.

'I think the lieutenant is asleep--and it’s the first rest he has had,

sir'--Jackson hesitated.

'I’ve news for him that he will like better than sleeping! His arrest is

over!' Blount cried, entering.

Jerry lay back, unawakened, in the only armchair the unluxurious room

possessed. Blount stared down at the haggard young face, with a blending

of affection and resentment which made a very complete perplexity. Not

until he touched the sleeper’s shoulder did the heavy lids lift slowly.

'I’ve nothing to say,' Jerry murmured half consciously.

'I am sure of it, you donkey! Pryor, however, has said something, and

the whole crowd of us must beg your pardon, though you have yourself to

blame that we suspected you.'

'Pryor has spoken? What does he say?'

'The surgeon will not let him talk; but he insisted on hearing who was

accused, and he acquitted you at once. Now I want you to tell me what

confounded quixotism kept you silent, at such cost, if, as seems

probable from his despondency, he attempted his own life.'

Jerry frowned, and looked away into the gathering shadows.

'Despondent is he, poor chap?' he asked presently.

'Even less thankful to be alive than you seem to be free again.'

Jerry sat upright, his pale face flushing, his eyes shining.

'I? Not thankful?' he cried in a voice shaken to the verge of an utter

breakdown. 'I have been in hell these two days, and you have brought me

out--but--but--go away, Blount, or I shall make a fool of myself!'

Lieutenant Breton was breakfasting late the next morning, when Pryor’s

orderly appeared with an immediate summons to the commanding officer’s

presence. War, armed _cap-à-pie_, sprang into existence in Jerry’s heart

at this summons. He had proved Pryor capable of tyranny without reason,

and could not hope, when the spirit of such a man had been as cruelly

wounded as his body, that he would incline to mercy. But in the

blessedness of his own safety he forgave Rosita her silence, and, while

aware of the perplexities that would beset him, he vowed that no

admission of her guilt should be extorted from him.

There was, however, neither wrath nor challenge in the hollow eyes which

confronted him when he stood beside Pryor’s bed, and a gaunt hand feebly

moved across the counterpane toward him.

'You are a fine fellow, Breton,' the major murmured. 'I beg your

pardon!'

Jerry dumbly clasped the quivering fingers.

'They have told me that you flung a pistol over the bluffs,' Pryor

continued slowly. 'Of course I know whose pistol it was. But I wish you

to understand that the shooting was my fault, like the whole affair. I

provoked her with words I had no right to speak; I denied her the mere

justice she demanded. Except for your courage I should have brought

disgrace upon her, as I have brought death.'

'Death? Rosita?'

'She died last night.'

Jerry dropped into a chair. Death! Rosita!--a creature so instinct with

the life of this world that it was impossible to conceive her in the

life of which death is the portal.

'Did she--' He shuddered.

'No! She never rallied from the shock of that night. Her father has been

here to ask me to forgive the dead. My God! I shall not forgive myself!'

Pryor cried, with an anguish none the less intense for the faintness of

the voice which uttered it.

Jerry had covered his face, and the other stared enviously at the tears

that slipped through his fingers.

'Time is up!' the surgeon exclaimed from outside the closed door.

The eyes of the two men met wistfully.

'I have deserved no favor from you,' Pryor muttered; 'neither is it for

my sake that I entreat you to continue silent. There will be no further

inquiry into the matter, as the surgeon tells me that I shall recover.

So the garrison must be satisfied only with conjecture as to my

temporary madness and your magnanimity.'

'It is you who are magnanimous!'

'I loved her; I persecuted her! The death she desired for me was mercy

compared to the life which is all the atonement I can make to her

memory.'

With which exceeding bitter whisper Pryor turned himself to the wall.

Out on the parade, the radiant freshness of the prairie morning thrilled

Jerry’s young veins with an ecstasy of living, and a sharp pang of

compassion stabbed his heart.

Misguided, bewitching,--ah, yes, and loving,--Rosita lay dead in the

midst of the summer gladness that seemed akin to her. He pulled his cap

over his eyes, and, ignoring some cordial greetings, walked hurriedly

to the post-trader’s quarters. Presently Lawless came to him in the

little drawing-room, which was unfamiliarly dark and still.

'God bless you!' he said, laying a hand on Jerry’s shoulder. 'Those

words do not mean much to me. I’ve wished they did since last night. But

you will understand from them that I am grateful. Hush! I have nothing

to forgive you. Nor had she. Will you come to see her? She never knew

that you were shielding her, or she would have confessed; and she wished

you to see her--if she looked pretty.'

Pretty, indeed! Poor flower of a people Christianized just enough to

suffer for the savage instincts they do not learn to control! She lay

with a crucifix between the hands which seemed so childish, and were so

guilty.

'Remember her like this,' Lawless continued. Remember, too, that she

loved you; not as the women of our race love, when nature is subdued by

civilization and ruled by religion, but with the limitless love of a

squaw for her chief, knowing neither right nor wrong in her devotion to

him. For under her daintiness and her sweetness Rosita was a squaw.'

Across her grave three men kept silence. There is another regiment at

Lawrence now, and when the ----th Cavalry remember what they beheld of

this story, they glance at their quiet major with wonder for his

fleeting madness. Only the surgeon and one or two ladies murmur to their

own thoughts, 'Rosita?'

PERJURED

BY EDITH RONALD MIRRIELEES

A lie well stuck to--

IT began with no more than a word, such as a man might speak and forget

he had spoken. At the time of speaking, Robbins Nelson was standing with

a group of other youths--lads in their late 'teens and early

twenties--on the Sutro Station platform. All their eyes were on the

approaching train, and all their tongues were busy with a single topic.

Robbins was the youngest member of the group--barely turned sixteen.

Usually he hung somewhat unregarded on its edge, but to-day, bold in the

possession of first-hand knowledge, he thrust himself into the heart of

the talk.

'I looked right down on him, close as I am to you. I was walking along

over that cut where the train comes through. Gee, his head looked

three-cornered! I yelled, but the engineer didn’t know what I meant.

Anyhow, they wouldn’t have stopped--nothing but a hobo.'

'No good if they had,' an older speaker took up the words. 'He was done

for. Didn’t speak but once after they got him off. "Don’t hit me," he

says. I s’pose when they run into the tunnel and whatever it was jammed

into him--'

'He didn’t get hurt in any tunnel,' Robbins asserted. The color flared

into his face with the intensity of his conviction. The horrid memory of

the man set him to blinking. 'He couldn’t get hurt if he was lying down,

could he? And if he was standing up, it’d knock him off, wouldn’t it? It

wasn’t any tunnel--'

He broke off, aware suddenly of the smiling ridicule in the faces round

him. Grotend, brother-in-law to the coroner who had held the inquest,

laughed good-temperedly.

'Go it, William J. Burns, Junior! I s’pose some fancy murderer crawled

up on top between stations. Or he got jolted down out of an air-ship.

It’d take something like that--'

Grotend was popular with the group. Their ready laughter rewarded the

attack. And the younger boy’s crimson misery was an invitation to

further teasing.

'You hadn’t ought to be stingy with bright ideas like that, Nelse. He

sent you an anonymous letter, didn’t he? Or maybe you saw a man in a

black mask beating him up--'

'No, I didn’t!' said Robbins loudly. He cast about desperately in his

mind for a means of escape. 'I didn’t see anybody beating him up, but I

saw Jim Whiting coming down off the end of the car.'

A hush followed his statement--a tribute to the weight of it. Grotend,

his lips parted for a fresh jibe, drew in his breath sharply as though

in the shock of a cold douche. Then,--

'You saw Jim Whiting?' he reiterated.

Jim Whiting was brakeman on the local freight, a figure familiar enough

to all of them.

'Getting deaf, aren’t you?' Robbins retorted.

He turned his back upon his tormentors and walked away across the

platform.

He was not much impressed with the importance of his lie. Chiefly, he

was elated that there had come to him a lie suitable to turn the tables.

Half-way home his elation lasted, to be crowded out only by the

recurring memory of the injured tramp. The boy had never before seen

violent death. The picture of the man as he sped past, bloody and

misshapen, on the swaying car-top; the later picture of him borne up the

street on the improvised stretcher, came back upon him hideously. That

for such destruction, for such wanton suffering, there should be no

punishable agent, seemed intolerable. And the idea once presented, who

so likely as Whiting--

He heard the beat of footsteps behind him, and Grotend, breathing

quickly, swung into pace at his side.

'I been trying to catch up with you,' he explained unnecessarily. 'Say,

when Jim come out on the platform, I spoke to him. I says, "One of the

fellows says he saw you up on top that day the tramp got hurt." And

you’d ought to seen him. I guess he knew--'

'What’d he say?' Robbins interrupted.

'All he says was, "You tell that fellow he’s a liar"; but if you’d seen

the look on him--,'

'Don’t you tell him I said it,' the younger boy cautioned. 'I don’t want

him down on me.' A belated stir of conscience set him to hedging.

'Anyhow, I didn’t say I saw him up on the car. All I saw was when he was

just there on those iron steps on the side. I don’t know if he was going

up or down.'

They stood at the Nelson gate for a little, talking. It was full dark

when Robbins went up the shrub-lined path to the porch. In the lighted

dining-room his mother and the younger children were already at supper.

'Late, Robbins,' Mrs. Nelson admonished as he slid into his place. Then,

catching sight of his face, 'Tired out? If it’s that accident that’s

worrying you--'

'It’s not,' the boy denied. He felt his cheeks grow hot with a sudden

flush of annoyance. 'I don’t see what I’d worry about that for. Only,

Charlie Grotend told Mr. Whiting I saw him on the car that day, and it

made Whiting mad. I was wishing he hadn’t.'

'You didn’t say anything more than that--that he could have helped it,

or anything like that? Well, then!' She put the discussion aside with a

gesture. 'Merle Williams telephoned to see if you’d come over there

to-night. You might as well. There’s no use brooding--'

'I’m _not!_' Robbins flung back angrily.

His spirits lightened somewhat in the process of dressing for his

outing. They lightened still more when, on his way to the place of

entertainment, he came up with three or four of his mates similarly

bound, and went on with them, easily the hero of the little group.

Sutro, though a county seat, was a place of few excitements. The finding

of the injured tramp, his death, the inquest, which had been held that

day, were topics of surpassing interest, and Robbins, by virtue of his

momentary contact, found his importance measurably enhanced. Before the

evening was over, he had told his story a half-dozen times, each time

with less repulsion, with a keener sense of its dramatic value.

'I was walking along the cut--you know, there where the train goes under

you--and I saw him and yelled at the engineer to stop. I thought he was

dead already--he looked like it. I don’t know what I yelled for, only I

thought he’d roll off. No, I didn’t say I saw Whiting up on top,--' He

adhered scrupulously to the form of his first telling,--'I saw him on

those steps on the side. I’d called to him, too, if I’d seen him in

time, but I didn’t.'

'I bet he’d have understood,' suggested one of the listeners.

There was something cynical, something appalling, in the fashion in

which their untempered youth seized upon the idea of guilt as the

concomitant of injury. Robbins, tramping home a half-hour after

midnight, felt all round him the concurrence of his mates--a warm

supporting wave. He was committed beyond retreat now to his theory.

Almost he was self-deceived. Visualizing the scene, he could scarcely

have said whether, actually, he saw Whiting’s big body flattened against

the side of the car, or whether he himself had superimposed the detail.

He slept late next morning, and emerging, discovered his mother,

red-eyed, moving restlessly between kitchen and dining-room. She called

to him as he came out, but it was not until he was seated before his

oven-dried breakfast that, with a long breath, as though she braced

herself,--

'Mrs. Cartwright was here this morning,' she observed.

The words were indifferent, but the tone was so full of significance

that instinctively the boy stopped eating to listen.

'She’d been sitting up last night with Mrs. Morgan. Robbins, that

boy--that poor boy--wasn’t a tramp at all. He was Charlie Morgan, trying

to beat his way back home.'

'How’d they know?' Robbins asked.

'Something about the body. There was some mark. It’s dreadful for his

mother. And it’s worse because she thinks--Mrs. Cartwright says a good

many people think--it wasn’t an accident at all. The wound don’t look

like it. And then your seeing Mr. Whiting--'

'What’d you tell her that for?' Robbins muttered.

He pushed back his chair, his hunger vanished as if from feasting.

'I didn’t. She told me. She says that man who has the

truck-garden--Emerson, isn’t it?--is saying he saw Mr. Whiting on the

car-roof and recognized him. But, of course, a man like that--'

Her tone disposed effectually of the second witness. She got to her feet

and began to gather up the dishes from the table.

'Mrs. Cartwright says Mr. Cartwright’s looking into the thing. In his

position, he’d have to. I told her you’d go up to his office.' She was

passing behind Robbins’s chair as she spoke. To his amazement, she

stooped and laid her cheek for an instant against his shoulder. 'Don’t

you let him worry you, Robbie. You just stick to your story,' she

counseled.

'I’m not going near him,' Robbins declared defiantly.

More than the hush of appreciation at his first statement, more than the

news of Whiting’s anger, his mother’s unexpected caress impressed upon

him the seriousness of his position.

When he left the house, breakfast ended, he was fixed in his

determination neither to get within reach of Cartwright, who was county

attorney, nor to repeat his story. But once upon the street he found to

his consternation that the story no longer needed his repetition. It

traveled on every tongue, growing as it went. Nor was there lacking

other evidence to support it. The examining physician shook his head

over the shape and nature of the fatal wound; the helpers who had

carried the man were swift to recollect his dying words. From somewhere

there sprang the rumor of long-standing feud between Whiting and Charlie

Morgan. Then it was no more a rumor but an established fact--time,

place, and enhancing circumstances all known and repeated.

'Enough to hang anybody,' Grotend summed up the evidence, following with

his coterie the trend of gossip. 'Only thing is, it’s funny the sort of

people that do all the hearing and seeing.' He put his arm round

Robbins’s shoulders. 'There’s Nelse here and Doc. Simpson--they’re all

right; but look at the rest of 'em--If they said it was a nice day, I’d

know it was raining. Take that Emerson fellow--'

'Well, if Nelse saw him on the side, I don’t see why Emerson couldn’t

see him up on top; he must 'a' been there,' a listener protested. And

Robbins, his throat constricted, drew out of hearing.

For the most part, however, he found a lively satisfaction in the

increase of rumor. In such a mass of testimony, he reasoned, his own bit

of spurious evidence was wholly unimportant. When that day and a second

and still a third had passed with no demand upon him, his oppression

vanished. Even the news of Whiting’s arrest did not greatly disturb him.

There was now and then a minute of sick discomfort,--once when the

truck-gardener attempted to hob-nob with him on the strength of their

common information; once and more acutely when an overheard conversation

warned him that the accused man was depending on an alibi,--but for the

most part he put the danger of discovery resolutely out of his mind.

Even should the alibi be forthcoming and his own story go thereby to the

ground, 'They can’t be sure about it,' he comforted himself. 'They can’t

know I didn’t--' Even in his thought he left the phrase unfinished.

It was the fourth day after Whiting’s arrest that, going toward home in

the early evening, he heard his name spoken from behind, and turning,

saw the county attorney. His first barely inhibited impulse was toward

flight, but it was already too late for that. The elder man’s greeting

detained him as by a hand upon his arm. He halted reluctantly, and they

went on side by side.

The county attorney was a man in his early sixties--a tall stooping

figure, gray-haired, with an habitual courtesy of manner which, more

than irascibility, intimidated his younger neighbors. It was a part of

his courtesy, now, to begin far-off from the subject at hand, in an

effort, foredoomed to failure, to put his auditor at ease.

'I often watch you tall boys going past, and remind myself that I am

getting old. I can remember most of you in your carriages. Indeed, with

you, your father and I were law students together. And now you’re in

high school, your mother tells me.' And with hardly a shift of tone,

'She tells me, too,--or rather my wife does,--that you were unfortunate

enough to see Mr. Whiting on the day of poor Morgan’s death. I am

sorry--'

'I--didn’t see him do anything,' Robbins protested. His tongue was

suddenly thick and furry, and the words came with difficulty. 'Nothing I

could swear to. He was just--there.'

He was staring straight ahead; he could not see how shrewd were the

kindly eyes which measured him.

'Timid,' the lawyer was labeling his witness. 'Sensitive.

Over-scrupulous. He’d scruple his testimony out of existence.'

Aloud he spoke with grave reassurance. 'Your merely seeing Mr. Whiting

can do him no harm. Indeed, you may not be needed at all. The

preliminary examination having been waived--' He paused for a moment

before the Nelson gate, his thin-featured old face remote and serious.

'In any case, remember this, my boy. Nothing is ever required of you on

the witness stand except to tell your story exactly as you have told it

off the stand. In the end the truth will come out and no innocent man be

harmed.'

He congratulated himself as he went on up the street that he had

reassured the lad, put before him his irresponsibility in its true

light. Had he looked back, he might have seen the reassured witness

staring after him in a kind of horror of amazement. To Robbins it was as

if, astoundingly, an outsider had voiced the thought of his own heart.

That truth must prevail, that false witnesses would be brought to

confusion--it was a belief ingrained into the fibre of his being. He

was sick with a premonition of disgrace.

'Only, they can’t _know_,' he tried to hearten himself. 'I can stick to

it I did.' He stood still a moment, the line of his sensitive chin grown

suddenly hard. 'And I’ve got to stick to it,' he warned himself. 'I’ve

got to stick it out as long as I live.'

It did not need the county attorney’s advice to keep him away from the

court-room during the opening days of the trial. With all the youthful

masculinity of Sutro crowding the courthouse steps, Robbins sat at home

in the hot, darkened parlor, reading from books pulled down at random,

seeing always, no matter what he read, a room set thick with eyes--eyes

scornful, eyes reproachful, eyes speculative.

When at last the ordeal came, it was so much less dreadful than his

anticipation of it that he was conscious of an immediate relief. There

was, indeed, a minute of blind confusion as he made his way toward the

stand--voices singing in his ears, a blue mist before his eyes. Then,

somehow, he was sworn and seated, and all round him were the friendly

faces of neighbors. He could see the judge nod encouragement to him over

his desk; he could see the bracing kindness of the county attorney’s

glance. Whiting he could not see, the bowed shoulders of a reporter

intervening.

He was scarcely nervous after the first moments. His story flowed from

him without effort, almost without volition. 'I was walking along the

track--I’d been fishing--' It seemed to him that he had said the words a

million times.

There were interruptions now and then; objections; questions from a

round-faced, deep-voiced youngster, who, Robbins divined presently, was

Whiting’s lawyer; but all of it--the narrative, the pauses, the

replies--came with the regular, effortless movement of well-oiled

machinery. He could have laughed at the puerile efforts of the defense

to break down his story.--'Was he sure that he knew James Whiting?' Was

there a resident of Sutro who did not know him? 'Could he swear,--taking

thought that he was under oath,--could he _swear_ that the man on the

side of the car was James Whiting and not some other man resembling him?

If, on a moving train, another man resembling James Whiting, of about

James Whiting’s size--'

'He knows he can’t touch me,' Robbins was thinking triumphantly. 'He

knows it!'

The question of truth or falsehood was quite removed from him now. He

came down from the stand finely elated, and in the afternoon went back

of his own accord to the court-room. Emerson, the truck-gardener, was

under examination and faring badly. One by one, the damaging facts of

his past came out against him--an arrest for theft, a jail sentence for

vagrancy, a quarrel with the prisoner, proved threats. The victim

emerged limp from the ordeal, and slunk away from the room, wholly

discredited.

'Serves him right, though,' Robbins quenched his momentary pity. 'I knew

all the time he was lying.' He started suddenly, so violently that the

listener seated next him turned in irritation. 'And,' it had flashed

through his mind, 'and he knew I was!'

His eyes sought the prisoner--the man who also knew--where he sat

hunched heavily forward in his chair, his arms upon the table. For an

instant, pity, like some racking physical pain, shot through Robbins. To

be caught in such a web! To be caught through no fault of his own! It

was the first time the purely personal side had broken its way past his

own selfish concern. It stifled him and, forcing his eyes from the man’s

brooding face, he got up and stumbled out of the room.

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