CHAPTER XXI.

APPLICATION OF LAW

Whilst the servant was gone there was a great clatter of arrival of

a motor at the hotel; but all in Athlyne’s room were too deeply

concerned with their own affairs to notice it.

Presently there was a light tap at the door, and the Sheriff’s “May I

come in?” was heard. Colonel Ogilvie went himself to the door and

threw it open. Beside the Sheriff stood a lady, heavily clad and with

a motor veil.

“Joy! Joy!” said the veiled figure, and Aunt Judy stepping forward

took the girl in her arms. In the meantime the Sheriff was explaining

the situation:

“I was just coming from my room in obedience to your summons, when

this lady entered the hall. She was asking for you, Colonel, and for

Miss Ogilvie, as who she had learned at the railway station, was

stopping here. I ventured to offer my services, and as she was coming

up here, undertook to pilot her.”

Joy was delighted to see Judy. She had so long been accustomed to look

with fixed belief on her love and friending that she now expected she

would be able to set matters right. Had she had any doubt of her

Aunt’s affection such must have soon disappeared in the warmth of the

embrace accorded by her. When this was concluded--which was soon for

it was short, if strenuous--she turned to Colonel Ogilvie and held out

her hand:

“Good morning, Lucius. I see you got here all right. I hope you had a

good journey?” Then turning to Athlyne she said, as if in surprise:

“Why, Mr. Hardy, how are you? And how do you come to be here? We

thought we were never going to see you again.” Then she rattled on; it

was evident to Joy, and to Colonel Ogilvie also, that she was

purposeful to baffle comment by flow of her own speech:

“Lucius, you must thank this gentleman who is, as the landlady

whispered to me, the Sheriff of somewhere or other. He’s a nice man,

but a funny sort of Sheriff. When I asked him where was his posse he

didn’t know what I meant.” Here she was interrupted by the Sheriff who

said with a low bow to her:

“It is enough for any man, dear lady, to be in _esse_ in such a

charming presence!” Judy did not comprehend the joke; but she knew,

being a woman, that some sort of compliment was intended; and, being a

woman, beamed accordingly:

“Thank you, sir, both for your kindness in helping me and for your

pretty talk. Joy, I have brought your dressing bag and a fresh rig

out. You must need them, poor dear. Now you must tell me all your

adventures. I told them to bring the things presently to your room. I

shall then come with you whilst you are changing. Now, Mr. Sheriff, we

must leave you for a little; but I suppose that as you have to talk

business--you told me they had sent for you--you will doubtless prefer

to be without us?”

“Your pardon,” said the Sheriff gracefully. “I hope the time will

never come when I shall prefer to be without such charming company!”

This was said with such a meaning look, and in such a meaning tone,

that Judy coloured. Joy, unseen by the others, smiled at her,

rejoicing. The Sheriff, thinking they were moving off, turned to the

Colonel saying:

“Now, Colonel Ogilvie, I am at your disposal; likewise such knowledge

of law and custom as I possess.” He purposely addressed himself to

Colonel Ogilvie, evidently bearing in mind Athlyne’s look of warning

to silence regarding himself.

Whilst he had been speaking, Joy stood still, holding Judy by the hand

and keeping her close to her. Judy whispered, holding her mouth close

to her ear and trying to avoid the observation of the others:

“Come away dear whilst they are talking. They will be freer alone!”

Joy whispered in return:

“No, I must not go. I must stay here, I am wanted. Do not say

anything, dear--not a word; but stay by me.” Judy in reply squeezed

her hand and remained silent. Colonel Ogilvie, with manifest

uneasiness and after clearing his throat, said to the Sheriff:

“As you have been so good sir, as to tell me some matters of law; and

as you have very kindly offered us other services, may I trespass on

your kindness in enlightening me as to some matters of fact.” The

Sheriff bowed; he continued:

“I must crave your indulgence, for I am in some very deep distress,

and possibly not altogether master of myself. But I need some advice,

or at any rate enlightenment as to some matters of law. And as I am

far from home and know no one here who is of legal authority--except

yourself,” this with a bow, “I shall be deeply grateful if I may

accept your kindness and speak to you as a friend.” Again the Sheriff

bowed, his face beaming. Colonel Ogilvie, with a swift, meaning glance

at each of the others in turn, went on:

“I must ask you all to keep silent. I am speaking with this gentleman

for my own enlightenment, and require no comments from any of you.

Indeed, I forbid interruption!” Unpromising as this warning sounded,

both Joy and Athlyne took a certain comfort from it. The point they

both attached importance to was that Athlyne was simply classed with

the rest without differentiation. The Sheriff, who feared lest the

father’s domineering tone might provoke hostilities, spoke quickly:

“Now, Colonel Ogilvie, I am at your disposal for whatever you may wish

to ask me.”

“I suppose Mr. Sheriff, I need not say, that I trust you will observe

honourable silence regarding this whole painful affair; as I expect

that all present will.” This was said with a threatening smile. When

the Sheriff bowed acceptance of the condition he went on:

“Since you spoke to us here a little while ago a strange enlightenment

has come to me. Indeed a matter so strange and so little in accord

with the experiences of my own life that I am in a quandary. I should

really like to know exactly how I--how we all stand at present. From

what you have said about the Scottish marriage laws I take it that you

have an inkling of what has gone on. And so, as you are in our

confidence, you will not perhaps mind if I confide further in you?”

“I shall be deeply honoured, Colonel Ogilvie.”

“Thank you again, sir. You are a true friend to a man in deep distress

and in much doubt … We are, as you perhaps know, Americans. My

daughter’s life was saved by a gentleman in New York. I think it right

to say that it was on his part a very gallant act, and that we were

all deeply grateful to him. He came to my house--at my own invitation;

and my wife and her sister, Miss Judith Hayes”--the Sheriff turned to

Judy and bowed as at an introduction; she curtsied in reply--“were

very pleased with him. But we never saw him again. He returned very

soon afterwards to England; and though we were coming to London he

never came near us. Indeed his neglect was marked; for though I

invited him to call, he ignored us.” As he said this he looked

straight at Athlyne with hard eyes. “I have reason to know that my

daughter was much interested in him. Ordinarily speaking I should not

mention a matter of this kind. But as I have received from him--it has

only been made known to me in the interval since our meeting--an

assurance of his affection and a proffer of marriage, I feel that I

may speak.” He turned away and began walking up and down the room as

though trying to collect his thoughts.

As Joy heard him speak of her own interest in the man and of his

proposal of marriage she blushed deeply, letting her eyes fall. But

when, by some of the divine instinct of love, she knew that he was

looking ardently at her she raised them, swimming, to his. And so once

more they looked deep into each other’s souls. Judy felt the trembling

of the girl’s hand and held it harder with a sympathetic clasp, palm

to palm and with fingers interlaced. She felt that she understood; and

her eyes, too, became sympathetically suffused. The Sheriff had now no

eyes except for Judy. Whilst the Colonel had been speaking he had

looked at him of course--he knew well that it would be a cause of

offence if he did not. But the walking up and down gave him

opportunity for his wishes. Judy could not but recognise the ardour of

his glance, and she too blushed exceedingly. Somehow, she was glad of

it; she knew that blushing became her, and she felt that she would

like to look her best to the eyes of this fine, kindly old man.

When Colonel Ogilvie began to speak again there was a change in him.

He seemed more thoughtful, more cautious, more self-controlled;

altogether he was more like his old self. There was even a note of

geniality in his voice.

“What I want to ask you in especial is this: How can we avoid any sort

of scandal over this unhappy occurrence? My daughter has acted

thoughtlessly in going out alone in a motor with a gentleman. Through

a series of accidents it appears that that ride was unduly and

unintentionally prolonged, and ended in her being caught in a fog and

lost. By accident she came here, walking after the motor had broken

down. She slept last night in that room; and the man, who had also

found his way hither later, slept, unknowing of her proximity, in

this. I need not tell you that such a state of things is apt to lead

to a scandal. Now, and now only, is the time to prevent it” … He was

interrupted by the Sheriff who spoke hurriedly, as one who had already

considered the question and had his mind made up:

“There will be no scandal!” He spoke in so decided a way that the

other was impressed.

“How do you know? What ground have you for speaking so decidedly?”

“It rests entirely on you--yourself, Colonel Ogilvie.”

“What!” His tone was laden with both anger and surprise. “Do you think

I would spread any ill report of my own daughter? Sir, you must----”

Once more the Sheriff cut into his speaking:

“You misapprehend me, Colonel Ogilvie. You misapprehend me entirely.

Why should I--how could I think such a thing! No! I mean that if you

accept the facts as they seem to me to be, no one--not you, nor any

one else, can make scandal; if you do not!”

“Explain yourself,” he interrupted. “Nay, do not think me rude”--here

he put up a deprecating hand--“but I am so deeply anxious about my

daughter’s happiness--her future welfare and happiness,” he added as

he remembered how his violent attitude had, only a few minutes ago

imperilled--almost destroyed, that happiness. Joy had been, off and

on, whispering a word to her aunt so that the latter was now fairly

well posted in the late events.

“Quite so! quite so, my dear sir. Most natural thing in the world,”

said the Sheriff soothingly. “Usual thing under the circumstances is

to kill the man; or want to kill him!” As he spoke he looked at

Athlyne meaningly. The other understood and checked the words which

were rising to his lips. Then, having tided over the immediate danger

of explosion, the Sheriff went on:

“The fact is Colonel Ogilvie, that the series of doings (and perhaps

misdoings) and accidents, which have led to our all meeting here and

now, has brought about a strange conclusion. So far as I can

see”--here his manner grew grave and judicial--“these two young people

are at the present moment man and wife. Lawfully married according to

Scottish law!”

The reception of this dictum was varied. Colonel Ogilvie almost

collapsed in overwhelming amazement. Joy, blushing divinely, looked at

her husband adoringly. Athlyne seemed almost transfigured and

glorified; the realisation of all his hopes in this sudden and

unexpected way showed unmistakably how earnest they had been. Judy,

alone of all the party, was able to express herself in conventional

fashion. This she did by clapping her hands and, then by kissing the

whole party--except the Sheriff who half stood forward as though in

hope that some happy chance might include him in the benison. She

began with Joy and went on to her brother-in-law, who accepted with a

better grace than she feared would have been accorded. When she came

to Athlyne she hesitated for a moment, but with a “now-or-never” rush

completed the act, and fell back shyly with a belated timorousness.

The Sheriff, having paused for the completion of this little domestic

ceremony, went on calmly:

“Since I left you a few minutes ago I have busied myself with making a

few necessary inquiries from my old servant Jane McBean, now

McPherson. I made them, I assure you Colonel Ogilvie, very discreetly.

Even Jane, who is in her way a clever woman, has no suspicion that I

was even making inquiry. The result has been to confirm me in my

original conjecture, which was to the effect that there has been

executed between these two people an ‘irregular’ marriage!” At the

mention of the words the Colonel exploded:

“God’s death, sir, the women of the Ogilvies don’t make irregular

marriages!” The Sheriff went calmly on, only noticing the protest for

the sake of answering it.

By this time Joy and Judith were close together, holding hands.

Insensibly the girl drew her Aunt over to where Athlyne was standing

and took him by the arm. He raised his other hand and with it covered

the hand that lay on his arm, pressing it closer as he listened

attentively to the Sheriff’s expounding of the law:

“I gather that I did not express myself clearly when a short time ago

I spoke of the Scottish marriage laws. Let me now be more precise. And

as I am trying to put into words understandable by all a somewhat

complex subject I shall ask that no one present will make any remark

whatever till this part of my task has been completed. I shall then

answer to the best of my power any question or questions which any of

you may choose to ask me.

“Let me begin by assuring you all that what in Scottish law we call an

‘irregular’ marriage is equally binding in every way with a ‘regular’

marriage; the word only refers to form or method, and in no wise to

the antecedents or to the result. In our law ‘Mutual Consent’

constitutes marriage. You will observe that I speak of marriage--not

the proof of it. Proof is quite a different matter; and as it is

formally to be certified by a Court it is naturally hedged in by

formalities. This consent, whether proved or not, whether before

witnesses or not, should of course be followed by co-habitation; but

even this is not necessary. The dictum of Scots’ law is ‘_Concensus

non concubitus facit matrimonium_.’ But I have a shrewd suspicion that

the mind of the Court is helped to a declaration of validity when

_concensus_ has been followed by _concubitus_.

“Now let us take the present case and examine it as though testing it

in a Court of Law; for such is the true means to be exact. This man

and woman--we don’t know ‘gentleman’ and ‘lady’ in the Law--declared

in the presence of witnesses that they were man and wife. That is, the

man declared to the police sergeant at Dalry that the woman was his

wife; and the woman declared timeously to the police officer who made

the arrest that the man was her husband. These two statements,

properly set out, would in themselves be evidence not only of inferred

consent by declaration _de præsenti_ but of the same thing by ‘habit

and repute.’ The law has been thus stated:

“‘It may be held that a man and a woman, by living together and

holding themselves out as married persons, have sufficiently declared

their matrimonial consent; and in that case they will be declared to

be married although no specific promise of marriage or of _de

præsenti_ acknowledgement has been proved.’

“But there is a still more cogent and direct proof, should such be

required. Each of these consenting parties to the contract of

‘marriage by consent,’ on coming separately to this hotel last night

gave to the servant of the house who admitted them the name by which I

hold they are now bound in honourable wedlock!” He spoke the last

sentences gravely and impressively after the manner of an advocate

pressing home on a jury the conclusion of an elaborate train of

reasoning. Whilst speaking he had kept his eyes fixed on Colonel

Ogilvie, who unconsciously took it that an exhortation on patience and

toleration was being addressed to him. The effect was increased by the

action of Joy, who seeing him all alone and inferring his spiritual

loneliness, left Judith but still holding Athlyne’s arm drew the

latter towards him. Then she took her father’s arm and stood between

the two men whom she loved. Judy quietly took Athlyne’s other arm, and

so all stood in line holding each other as they faced the Sheriff. No

one said a word; all were afraid to break the silence.

“We now come to further proofs if such be required. The woman, who

arrived first, gave the name of Lady Athlyne.” Here Joy got fearfully

red; she was conscious of her father’s eyes on her, even before she

heard him say:

“That foolish joke again! Did not I forbid you to use it daughter?”

She felt it would be unwise to answer, to speak at all just at

present. In desperation she raised her eyes to the face of her

lover--and was struck with a sort of horrified amazement. For an

instant it had occurred to him that Joy must have known his

identity--for some time past at all events. The thought was, however,

but momentary. Her eyes fell again quickly, and she stood in abashed

silence. There was nothing to do now but to wait. The calm voice of

the Sheriff went on, like the voice of Doom:

“The man arrived later. He himself had wired in his own name for

rooms; but by the time he had arrived the possibility of his coming

had, owing to the fog, been given up. The other traveller had been

given the bedroom, and he slept on the sofa in the sitting-room--this

room.” As he spoke he went over to the door of communication between

the rooms and examined the door. There were no fastenings except the

ordinary latch; neither lock nor bolt. He did not say a word, but

walked back to his place. Judy could not contain her curiosity any

longer; she blurted out:

“What name did he give?” The Sheriff looked at her admiringly as he

answered:

“The name he gave, dear lady, was ‘Athlyne’!”

“Is that your name?” she queried--this time to Athlyne.

“It is!” He pulled himself up to his full height and stood on his

dignity as he said it. His name should not be dishonoured if he could

help it.

Colonel Ogilvie stood by with an air of conscious superiority. He

already knew the name from Athlyne’s letter, though he had not up to

that moment understood the full import of it. He was willing to be

further informed through Judy’s questioning.

“And you are Lord Athlyne--the Earl of Athlyne?”

“Certainly!”

To the astonishment of every one of the company Judy burst into a wild

peal of hysterical laughter. This closely followed a speech of broken

utterance which only some of those present understood at all--and of

those some only some few partly. “Athlyne!”--“kill him for

it!”--“calling herself by his name,”--“oh! oh! A-h-h!” There was a

prolonged screech and then hysterical laughter followed. At the first

this unseemly mirth created a feeling of repulsion in all who heard.

It seemed altogether out of place; in the midst of such a serious

conversation, when the lives and happiness of some of those present

were at stake, to have the train of thought broken by so inopportune a

cachinnation was almost unendurable. Colonel Ogilvie was furious. Well

was it for the possibilities of peace that his peculiar life and ideas

had trained him to be tolerant of woman’s weakness, and to be

courteous to them even under difficulties. For had he given any

expression to his natural enough feelings such would inevitably have

brought him into collision--intellectual if not physical--with both

Athlyne and the Sheriff; and either was to be deplored. Joy was in her

heart indignant, for several reasons. It was too hard that, just as

things were possibly beginning to become right and the fine edge of

tragedy to be turned, her father’s mind should be taken back to anger

and chagrin. But far beyond this on the side of evil was the fact that

it imperilled afresh the life of--of the man she loved, her … her

husband. Even the personal aspect to her could not be overlooked. The

ill-timed laughter prevented her hearing more of … of the man who it

now seemed was already her husband. However she restrained and

suppressed herself and waited, still silent, for the development of

things. But she did not consider looks as movements; she raised her

eyes to Athlyne’s adoringly, and kept them there. He in turn had been

greatly upset for the moment; even now, whilst those wild peals of

hysterical laughter continued to resound, he could not draw any

conclusions from the wild whirl of inchoate thoughts. There was just

one faint gleam of light which had its origin rather in instinct than

reason, that perhaps the interruption had its beneficial side which

would presently be made manifest. When Joy looked towards him there

was a balm for his troubled spirit. In the depths of her beautiful

eyes he lost himself--and his doubts and sorrows, and was content.

The only one unmoved was the Sheriff. His mental attitude allowed him

to look at things more calmly than did those personally interested.

With the exception of one phase--that of concern that this particular

woman, who had already impressed her charming personality on his

heart, should be in such distress--he could think, untroubled, of the

facts before him. With that logical mind of his, and with his

experience of law and the passions that lead to law-invoking, he knew

that the realization of Athlyne’s name and position was a troublesome

matter which might have been attended with disastrous consequences. To

a man of Colonel Ogilvie’s courage and strong passion the presence of

an antagonist worthy of his powers is rather an incentive to quarrel

than a palliative.

As to poor Judy she was in no position to think at all. She was to all

practical intents, except for the noise she was occasionally

making--her transport was subsiding--as one who is not. She continued

intermittently her hysterical phrenzy--to laugh and cry, each at the

top note--and commingling eternally. She struggled violently as she

sat on the chair into which she had fallen when the attack began; she

stamped her heels on the floor, making a sound like gigantic

castanets. The sound and restless movement made an embarrassing

_milieu_ for the lucid expression of law and entangled facts; but

through it all the Sheriff, whose purpose after all was to convince

Ogilvie, went on with his statement. By this time Joy, and Athlyne,

whom with an appealing look she had summoned to help, were

endeavouring to restore Judy. One at either side they knelt by her,

holding her hands and slapping them and exercising such other

ministrations as the girl out of her limited experience of such

matters could, happily to soothing effect, suggest. The Sheriff’s

voice, as calm voices will, came through the disturbance seemingly

unhindered:

“Thus you will note that in all this transaction the Earl of Athlyne

had made no disguise of his purpose. To the police who arrested him he

at once disclosed his identity, which the sergeant told me was

verified by the name on his motor-driver’s license. He telegraphed to

the hotel by his title--as is fitting and usual; and he gave his title

when he arrived. As I have already said, he stated to the police, at

first on his own initiative and later when interrogated directly on

the point, that the woman in the motor was his wife. And the identity

of the woman in the motor and the woman in the hotel can easily be

proved. Thus on the man’s part there is ample evidence of that

matrimonial purpose which the law requires. All this without counting

the letter to the woman’s father, in which he stated his wish and

intention to marry her.

“Now as to the woman--and I must really apologise to her for speaking

of the matter in her presence.”--Here Athlyne interrupted his

ministrations with regard to Judy in order to expostulate:

“Oh, I say Mr. Sheriff. Surely it is not necessary.” But the Sheriff

shut him up quite shortly. He had a purpose in so doing: he wished in

his secret heart to warn both Athlyne and Joy not to speak a word till

he had indicated that the time had come for so doing.

“There is nothing necessary, my Lord; except that both you and the

young lady should listen whilst I am speaking! I am doing so for the

good of you both; and I take it as promised that neither of you will

say a single word until I have told you that you may do so.”

“Quite right!” this was said _sotto voce_ by Colonel Ogilvie.

“You, young madam, have taken upon yourself the responsibilities of

wifehood; and it is right as well as necessary that you understand

them; such of them at least as have bearing upon the present

situation.

“As to the woman. She, when questioned by the police as to her status

for the purpose of verification of Lord Athlyne’s statement, accepted

that statement. Later on, she of her own free will and of her own

initiative, gave her name as Lady Athlyne--only the bearer of which

could be the wife of the Defender; I mean of Lord Athlyne.” The

interruption this time came from Colonel Ogilvie.

“If Lord Athlyne is Defender, who is the other party?”

“Lady Athlyne, or Miss Ogilvie, in whichever name she might take

action, would be the Pursuer!”

“Sir!” thundered the Colonel, going off as usual at half-cock, “do you

insinuate that my daughter is pursuer of a man?” He grew speechless

with indignation. The Sheriff’s coolness stood to him there, when the

fury of the Kentuckian was directed to him personally. In the same

even tone he went on speaking:

“I must ask--I really _must_ ask that you do not be so hasty in your

conclusions whilst I am speaking, Colonel Ogilvie. You must understand

that I am only explaining the law; not even giving any opinion of my

own. The terminology of Scot’s Law is peculiar, and differs from

English law in such matters. For instance what in English law is

‘Plaintiff and Defendant’ becomes with us ‘Pursuer and Defender.’

There may be a female as well as a male Pursuer. Thus on the grounds

of present consent as there is ample proof of Matrimonial Consent of

either and both parties--sufficient for either to use against the

other. I take it that the Court would hold the marriage proved; unless

_both_ parties repudiated the Intent. This I am sure would never be;

for if there were any mutual affection neither would wish to cause

such gossip as would inevitably ensue. And if either party preferred

that the union should continue, either from motives of love or

interest, the marriage could be held good. And I had better say at

once, since it is a matter to be considered by any parent, that should

there have been any valid ground for what you designate as ‘scandal,’

such would in the eyes of the law be only the proper and necessary

completion of the act of marriage. And let me say also that the fact

of the two parties, thus become one by the form of Irregular Marriage,

having passed the night in this suite of rooms without bolt of

fastening on the connecting door would be taken by a Court as proof of

consummation. No matter by what entanglement of events--no matter how

or by what accident or series of accidents the two parties came into

this juxtaposition!

“There is but one other point to be considered regarding the validity

of this marriage. It is that of compliance with the terms of Lord

Brougham’s Act of 1856. The man has undoubted domicile in Scotland for

certain legal purposes. But the marriage law requires a further and

more rigid reading of residence than mere possession of estates. The

words are that one of the parties to the marriage must ‘have his or

her usual place of residence’ in this Country. But as I have shown you

that in Lord Athlyne’s case his living in Scotland for several weeks

in one or other of his own houses would be certainly construed by any

Court as compliance with the Act, I do not think that any question of

legality could arise. Indeed it is within my own knowledge that as a

Scottish peer--Baron of Ceann-da-Shail--who declared Scottish domicile

on reaching his majority and whose ‘domicile of origin’ was not

affected by his absence as an officer in foreign service, his status

for the purpose of Scottish marriage is unassailable.

“In fine let me point out that I am speaking altogether of _proof_ of

the marriage itself. The actual marriage is in law the consent of the

parties; and such has undoubtedly taken place. The only possible

condition of its nullity would be the repudiation of the implied

Consent by both of the parties. One alone would not be sufficient!

“And now, Colonel Ogilvie, as I believe it will be well that you and

the two young people should consider the situation from this point of

view, will you allow me to withdraw--still on the supposition that you

will join me later at breakfast. And if this merry lady”--pointing to

Judy who had gained composure sufficiently to hear the end of his

explanation--“will honour me by coming to my sitting-room, just below

this, where breakfast will be served, it may perhaps be better. I take

it that you will be all able to speak more freely, you and your

daughter--and her husband!”

He withdrew gracefully, giving his arm to Judy who having risen

bashfully had taken his extended arm. She was blushing furiously.

The door closed behind him, leaving Joy standing between her father

and Athlyne, and holding an arm of each.

Lady Athlyne · 第 21 / 23 章