CHAPTER XI

IN THE NAME OF THE LAW

Don's moody face suddenly lighted up. A young woman was stepping down

from one of the cars at the farther end of the train, the porter

assisting her to the footstool. Now she was coming steadily along the

edge of the platform, carrying in one hand a trim little bag, in the

other a trim little umbrella. Now she was looking about, expectant. It

was she--Anne!

His heart leaped out to her, his love rose surgingly at sight of her,

sweet and beautiful as she seemed, and all so fit for love of man.

A tall young girl she was, who walked with head well up and the

suggestion of tennis about her--an indefinable something of chic also

about her, as indicative of physical well-being as that suggested by

some of the young faces on the magazine covers of the day; which would

explain why in her college Anne Oglesby always was known as "the

magazine girl." She had straightforward gray eyes, a fine mouth of much

sweetness. Above her forehead rose a deep and narrow ruff of dense brown

hair, golden brown. Trim, yet well-appointed, she was one of those types

whom unhesitatingly we class as aristocrats. A young woman fit for any

higher class, qualified for any rank, she seemed--and a creature utterly

apart from the crowd that now jostled her on the narrow platform.

Her eyes, too, lighted up at sight of the young man who now hurried

forward to meet her, but no unseemly agitation marked her own personal

conduct in public. Demure, clean, cool and sweet, all in hand, she did

not hasten nor hold back.

Dieudonne Lane had told his mother that never yet had he kissed Anne

Oglesby. Now, at sight of her and at the thought that almost at once

they must part forever, a great rebellion rose in his heart. He stepped

forward swiftly, impulsively, irresistibly.

He caught her quickly in his arms before all the crowd and kissed

her--once. It was his great salutation to love--a salutation of great

longing--a salutation which meant farewell.

She gasped, flushed rosy red, but walked straight along with him as he

caught the bag from her hands. She looked up at him, astonished, yet not

wholly resentful. It was no place for speech on the part of either. The

dust of the street seemed naught to him or her, and as for this curious

crowd, they did not chill nor offend--Anne Oglesby suddenly wished to

take all the world into her arms and greet it. Anne Oglesby at that

moment loved--the touch of this man's lips on hers had wrought the

irrevocable, immortal, awful change.

They had not yet spoken a word, these two, at the time he left her to

call some vehicle for her use. He turned and looked directly into the

face of Dan Cowles, sheriff, a man whom he had never seen before, but

who now reached out and laid a hand upon his shoulder. Cowles had that

instant reached the station platform.

Don would have passed, but the sheriff spoke:

"I want you. Come with me."

The tempestuous blood of the young man flamed at this, but now, as he

looked into the solemn face before him, he found something to give him

pause.

"What's up?" he demanded. "Who are you?"

"I'm the sheriff of this county," said Cowles. "Come with me."

"What do you want?" again demanded Don. "I'm with this young lady."

"That's no difference," said Cowles.

"It must be about the Tarbush matter," said Dewdonny Lane. "I'll

testify, but I know nothing of that. I'll come on over directly. This

young lady is going to Judge Henderson's."

The sheriff looked at the young girl curiously. The crowd now had surged

about them. Like so many cattle at the smell of blood, a strange low

sound, animal-like, a sort of moan of curiosity, seemed to rise.

Wide-eyed, the girl turned.

"What is it, Don?" she exclaimed. "What has happened? The Tarbush

case--what do you mean?"

"I'm going to take him to the coroner's hearing, miss," said the sheriff

in a low tone of voice.

"Why, you see, Anne," began Don, "the city marshal of this town was

killed last night. I suppose the coroner is looking into it. It's a

terrible thing--the town's all upset--haven't you heard anything of it?"

"Why, no. I left home before any of our papers came out. How did it

happen?"

Don felt the sheriff again touch his arm. "Step into my car," said he,

"both of you--you get on the front seat with me."

A moment later they were whirling off up the dusty street toward the

central part of the town. The crowd, breaking into little groups, came

hurrying on along the sidewalks, some even falling into a run in the

middle of the street.

"Well, he got him!" said one citizen to another. "Quick work for the

sher'ff, wasn't it? A little more and that fellow would 'a' got off on

that train, like enough. That's what he was down here for. I seen him

lookin' for the train."

"Yes, and that young fellow had a dangerous look on him, too," said

another. "He's _bad_, that's what he is! Look how he showed it

yesterday--right after court, too."

Each had this or that comment to make, but all followed on now toward

the scenes where the further action in the drama of the day must now

ensue.

Cowles pulled up on the side of the square on which Judge Henderson had

his office. "You may get out here, Miss," said he. "I think you'll find

the Judge in right now."

"But why--what's the reason----" she began, much perturbed, and looking

at Don. "What's wrong, Don? Aren't you coming?"

"Yes, Mr. Sheriff," said Don, "let me go up with her. I'll be right on

over."

The big man looked at the two, a sort of pity in his face. "I'm sorry,"

said he, "but you'll have to come with me right away. Tell me, are you

Miss Oglesby, his kin from over Columbus way?"

"Yes, yes," said she. "I've been here before. But tell me, what does

this mean--this murder? It's an awful thing, isn't it? It seems to me I

remember the marshal's name--maybe I've seen him. Who did it--whom do

they suspect?"

"That's what we don't know for sure," said the sheriff, "and it's what

we've got to find out."

"Why, who would ever have thought it of this little town!"

"Things happen in this little town, I reckon, about the same as they do

anywhere," said the sheriff.

"Don----" She turned to him once more as she stood on the pavement, he

still remaining on the front seat of the car where the sheriff's hand

restrained him. "Why, Don----"

But the sheriff's solemn face was turned towards her. He shook his head.

An instant and the car had whirled away from the curb.

They had parted, almost before they had met!

To Dieudonne Lane, ignorant as he was of the cause of all this, it

seemed that the final parting of all had come, and, bitterly he

reflected, they had had no chance--no chance whatever--for what was due

them from their love, their life itself.

Anne Oglesby, the kiss of her lover's lips still sweet and trembling

upon her mouth, her own mind confused, her own heart disturbed, turned

towards the dusty stair, all her senses in a whirl. And within five

minutes Don Lane, very pale and much distressed, was in the front part

of the little home of Joel Tarbush. The officer had brought him before

Justice Blackman, the coroner, and the coroner's jury, six solemn-faced

men who sat now in the front parlor which had no other occupants save

the red-eyed daughter of the dead man, and save the long and shrouded

figure which lay upon the couch near by.

Don Lane could not misread the hostility of the gaze turned upon him by

most of these whom now he saw.

Something suddenly caught at his heart--his first feeling of fear, of

uncertainty; but even this was mingled with a rage at fate, which could

be so cruelly unjust to him. And always, in spite of himself, he felt

his eyes turning to look, awed, terrified, upon the long thing which lay

upon the couch. And always the eyes of these six men saw what he did,

saw what he saw.

"This is Dewdonny Lane," said the Sheriff briefly, and himself sat down

to await the progress of events.

The formalities were few. "You may be sworn," said the coroner to

him--"it's just as well." Then the oath administered, Blackman began the

regular questions, and Don answered steadily.

"My name is Dieudonne Lane. I am twenty-two years of age. I have no

residence as yet. I am a graduate in engineering. I'm going to Wyoming

some time this month to take up my work there."

There was a little silence in the room, and then the coroner began

again:

"Where were you just now?" he asked. "We sent for you at your home."

"I was at the station--I went to meet a friend."

"What friend was it?"

Don Lane flushed red. "What difference is it? Oh, if I must answer, it

was Miss Anne Oglesby, of Columbus. I went down to the train to meet

her."

Sheriff Cowles nodded. "That's true," said he. "I took her up to Judge

Henderson's office myself."

"What relations have you with this young lady?" asked Blackman.

"That's not the business of anyone," said Don Lane hotly.

"Do you want counsel to protect you now?"

"No, why should I? I am perfectly willing to tell all I know about the

case, and that's all I can do. There's no lawyer I'd send for anyhow."

"Where were you last night at about midnight?"

"I was at the library meeting with my mother."

"When did you leave there?"

"It must have been midnight or later--oh, yes, I remember seeing the

town clock as we passed through the square. That was just before one

o'clock--perhaps ten or fifteen minutes. We were out late--every one

was."

"Who was with you when you were going home?"

"My mother, and for a time Mr. Rawlins here--one of you gentlemen of the

jury. He will know. Just as we left the library we were joined by Mr.

Horace Brooks."

"Where did you go?"

"We three walked on together. It was at the second corner of the square,

where Mulberry Street turns off, that Mr. Brooks left me."

Nels Jorgens, one of the jury, now spoke up. "That's true," said he. "I

saw the three of them walking along the front of the square, and saw

them turn in at Mulberry Street. Across from where I live I saw two

people at the gate. It was a man--a tall man--and her--Aurora Lane."

"You yourself were not at the gate then?"

"No," said Don, "I had left just at the corner of the square."

"Why did you leave them?"

"Well, I wanted to have a little run before I went to bed. I'm used to

taking exercise every night--I always did at college, to keep up my

training."

"Where did you go when you were running?"

"I may be mistaken in the directions, but it was across the square,

opposite from Mulberry Street. I turned to the right. I must have run

perhaps four or five blocks, I don't know just how far it was. It was

quite warm."

"Did you come into this street?"

"I don't really know."

"You didn't see anybody?"

"Not a soul. I didn't hear a sound."

"What time was that?"

"I heard the clock strike one before I turned back."

"Gentlemen of the jury," said the coroner, "it was just about that time

that Joel Tarbush was killed, right here."

"That's true," said Don Lane. "It's terrible to think of--but why----"

"You heard Judge Henderson's testimony, gentlemen," went on the coroner.

"He told of seeing these three people pass by on the square in front of

his office stair. Just before that he had said good night to Tarbush

himself. He saw Tarbush start right over this way for his home. Now,

just in time to catch him before he got into his home--if a man was

running fast--a man _did_ run from the square over in this direction!"

The members of the jury remained silent. Their faces were extremely

grave.

"And, gentlemen, you have heard the testimony of other witnesses here

before now, stating that this witness was heard to make threats to

Tarbush yesterday afternoon, right after he was dismissed from my own

court upstairs. Mr. Jorgens, I believe you were there. What did this

young man say after he had for the second time assaulted Ephraim

Adamson--twice in one day, and entirely regardless of the rebuke of the

law?"

"He said, Mr. Coroner," replied Nels Jorgens gravely, even with sadness

in his face, "just when he came out of the crowd where he had left

Adamson laying on the ground already--he said to Tarbush, 'You'll come

next'--or I'll get you next'--something of that kind."

"Was he angry at that time?"

"Yes, Mr. Coroner, he was," said Nels Jorgens, against his will.

Ben McQuaid leaned over to whisper to Jerome Westbrook. "It seems like

this young fellow comes in here with his college education and

undertakes to run this whole town. Pretty coarse work, it looks like to

me."

Jerome Westbrook nodded slowly. He recalled Sally Lester's look.

Of all the six faces turned toward him from the scattered little group

of the coroner's jury, not more than two showed the least compassion or

sympathy. Don Lane's hot temper smarted under the renewed sense of the

injustice which had assailed him yet again.

"What's the game?" he demanded. "Why am I brought here? What's the

matter with you people? Do you mean to charge me with killing this man?

What have I done to any of you? Damn your town, anyhow--the rotten,

lying, hypocritical lot of you all!"

"The less you say the better," said the coroner; and the sheriff's

steady gaze cautioned Don Lane yet more.

"Now, gentlemen," went on Blackman, "we have heard a number of witnesses

here, and we have not found any man here that could bring forward any

sight or sound of any suspicious character in this town. There hasn't

been a tramp or outsider seen here, unless we except this young man now

testifying here. The man on whose body we now are a-setting hadn't a

enemy in this town, so far as has been shown here--no, nor so far as

anyone of us knows. There has been no motive proved up here which would

lead us to suspect anyone else of this crime."

Ben McQuaid once more leaned over to whisper to his seat-mate: "It's a

likely thing a man would be running for his health, a night like last

night, when he didn't have to! Ain't that the truth?"

The coroner rapped with his pencil on the table top. He was well filled

with the sense of his own importance. In his mind he was

procureur-general for Spring Valley. And in his mind still rankled the

thought of the fiasco in his courtroom but the day before, in which he

had made so small a figure.

"I want to ask you, Mr. Cowles," he said, turning to the sheriff, "if

you ever have seen this young man before."

"Only once," said the sheriff, standing up. "Last night or this morning,

just after the clock had struck one--say, two or three minutes or so

after one o'clock--I was going out of my office and going over to the

east side of the square. I met this young man then. As he says, he was

running--that is, he was coming back from this direction, and running

toward the southeast corner of the square, the direction of his own

home."

"Was he in a hurry--did he seem excited?"

"He was panting a little bit. He was running. He didn't seem to see me."

"Oh, yes, I did," said Don. "I remember you perfectly--that is, I

remember perfectly passing some man in the half darkness under the trees

as I came along that side of the square. As I said, it was warm."

"Now, gentlemen, we have thought it over for a long time," said the

coroner, after a solemn pause. "We must bring in our verdict before

long. It must either be 'party or parties unknown,' or we must hold

someone we do suspect.

"We have had no one here that we could suspect until now. Take this

young man--he is practically a stranger. He proves himself to be of

violent and ungovernable temper. Allowed to go once from the justice of

the law, he forgets that and goes violent again. He assaults a second

time one of our citizens, Mr. Adamson. He resists arrest once by a

officer of the law, and in the same afternoon he threatens that officer.

He says, 'I'll get you.'

"This young man is seen just before one o'clock running over in this

direction. Just a little ahead of him the victim of this crime was seen

walking. He was killed, as his daughter testifies, somewhere just about

one o'clock--it was at that time that he staggered into the house here.

"Just after one o'clock this young man is seen running--one of the

hottest nights we have had this summer--running away from the scene of

the crime, and toward his own home.

"I don't want to lead your own convictions in any way. I am willing to

say, however, that if we have not found a man to hold for this crime,

then we ain't apt to find him!"

"But, gentlemen, you don't mean"--poor Don began, his face pale for the

first time, a sudden terror in his soul--"you _can't_ mean that _I_ did

this!"

But he gazed into the faces of six men, upon whom rested the duty of

vengeance for the wrong done to the society which they represented. Of

these six all but two were openly hostile to him, and those two were

sad. Rawlins, minister of the Church of Christ; Nels Jorgens, the

blacksmith--they two were sad. But they two also were citizens.

"This witness," went on Coroner Blackman, "has in a way both abused us

and defied us. He said he was not on trial. That is true. We can't try

him. All we can do is to hold any man on whom a reas'nable suspicion of

this crime may be fixed. We could hold several suspects here, if there

was that many. All we do is to pass the whole question on to the grand

jury when it meets here. That's tomorrow morning. Before the grand jury

any man accused can have his own counsel and the case can be taken up

more conclusive. So the question for us now is, Shall we call it 'party

or parties unknown,' or shall we----"

Don Lane dropped into a seat, his face in his hands, in his heart the

bitter cry that all the world and all the powers of justice governing

the world had now utterly forsaken him. The sheriff rose, and taking him

by the arm, led him into another room.

In ten minutes a half-dozen reporters, trooping up from the train and

waiting impatiently at the outer door, knew the nature of the verdict:

"We the jury sitting upon the body of Joel Tarbush, deceased by

violence, find that deceased came to his death by a blow from a blunt

instrument held in the hands of Dieudonne Lane."

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