announced, and doing so lifted his eyes, as if to economize time in
taking the oath, in pursuance of a habit long acquired. Mr. Tipps'
presence was not commanding, though a tuft of hair standing upright on
the edge of his narrow forehead served to augment his height and add to
the dignity of his manner; it also gave him a somewhat fierce look, in
which an air of alertness blended. Altogether his manner conveyed an
idea of weariness, as if he were going through a ceremony often repeated
and of little or no interest to him in the first instance. Contrary to
what one would suppose of a person performing the office of constable,
Mr. Tipps' body was nothing to speak of, being so slight that he might
easily have slipped between the rails of a common fence without injury
to his raiment. This, however, did not apply to his feet, which were
much spread abroad, as if by long waiting and standing about the
corridors of justice. It was also a peculiarity of Mr. Tipps that in
raising his eyes to take the oath he did not look upward, but at an
angle, as if the Being he appealed to dwelt somewhere on the horizon.
This, however, was a device merely, it was apparent, to save labor and
conserve his strength, and not at all as indicating the presence of the
Deity in that particular place. Of these interesting details Moth took
no account, but taking the witness in hand, as if he were a lemon or
pomegranate ripe for squeezing, demanded of him, in a peremptory way:
"What is your name and residence?"
"Philetus Tipps, of Rock Island."
"What is your business?"
"Constable."
"Have you been looking up evidence in the case of the State _versus_
Throckmorton?"
"I have."
"In such investigation have you discovered evidence of the presence of
chloroform in the office of Throckmorton & Rathe, and likely to have
been there on the night of the robbery?"
"I have," Tipps answered.
"In what shape, may I ask?"
"In the shape of a bottle partly filled with that substance."
"Indeed! Where, may I ask, did you discover this bottle?" Moth
inquired, as if hearing of it now for the first time.
"I found it hidden away under the stairway off the room in which
Throckmorton slept on the night of the robbery."
"Have you the bottle with you?"
"I have."
"I ask that you deliver it to the clerk of the court"; and upon his
complying, Moth turned to the judge, saying he had no further questions
to ask the witness. Cross-examination being waived, as in the case of
Mr. Seymour, Moth asked that Augustus Collygog be called, which being
done that gentleman stepped forward to be sworn. Mr. Collygog was a
slender, clerical man, with pale face and considerable particularity of
dress, having about him the look of one accustomed to handle delicate
things, and such as might on occasion pertain to men's lives or matters
of that nature. When he had taken the oath, which he did solemnly and
as if determined to be strictly accurate in all he said, Moth asked:
"You are a druggist, are you not?"
"Yes, sir, a druggist; or, excuse me, more appropriately speaking,
perhaps, an apothecary," Mr. Collygog replied, without relaxing the
fixed expression of his face.
"You keep a drugstore?"
"Ha! yes, a drugstore; or, you will excuse me, sir, more properly a
pharmacy," he answered, nursing the feeble whiskers that grew on his
sunken cheeks.
"Where is your place?"
"In Appletop, sir, and directly over the way, facing the Galena road, if
you please, and convenient from every part of the city."
"You fill prescriptions and orders for medicine and things of that
kind?" Moth asked.
"Yes, and a very delicate duty and requiring circumspection. Yes,
certainly, requiring circumspection--and much experience," Mr. Collygog
replied, as if deriving great personal satisfaction from what he said.
"Will you look at the bottle partly filled with chloroform, in the
possession of the clerk of the court, and tell me if it was put up at
your shop?"
"Yes, to be sure, at my pharmacy, if you please," the witness answered,
after carefully examining the bottle from different points of view.
"You are sure?" Moth asked, sternly.
"Oh, dear me, yes, quite sure! The bottle bears my label, as you may
see: 'Doctor Augustus Collygog, Pharmacist and Dealer in Surgical
Instruments and Small Notions, Appletop, Illinois.'"
"Who procured it of you?" Moth asked.
"Who? Oh, excuse me, sir; but the secrets of the profession are
sacred--sacred, sir."
At this Moth turned to the judge, but the latter, not waiting, said:
"The witness must answer the question."
"Thank you, Judge, if I must; but only on compulsion."
"Well, who was it?" Moth asked, impatiently.
"Ha! yes. Who was what?" Doctor Collygog answered, losing the thread of
the examination.
"Who was it that bought the stuff of you?" Moth screamed at the top of
his voice.
"Oh, yes, I understand; but not quite so loud, if you please, sir. It
was Mr. Job Throckmorton."
"That will do. If you please, your honor, the state rests here,
confident of having proven its case and steadfastly believing in the
intelligence of the honorable jury called to pass upon the testimony.
Indeed, it is so plain, that I should waste your time with explanations.
Having bought the chloroform and sprinkled it about his bed,
Throckmorton hid what remained. Through the happy chance of finding the
half-filled bottle where he placed it, however, the whole scheme is made
clear, and his identity as the robber proven beyond the shadow of a
doubt."
Upon Moth's concluding, Mr. Promb arose, and facing the last witness,
asked:
"When did Mr. Throckmorton procure this medicine of you?"
"Yes, Mr. Promb. Let me see; in September, I think, or possibly--I do
not say positively--in the fore part of October. The books of My House
will show."
"Did he say what he wanted it for?"
"I think not; but indeed I might be mistaken in this, it not being
thought material in his case, he being a man grown and responsible."
"Did he not say it was for his nephew, who was ill at the Dragon?"
"Ha! I think not, Mr. Promb; but, dear me, I can't be certain, as I
have just said."
"That is all. May it please your honor, we should like to have Mr.
Seymour recalled"; and upon this being done, Mr. Promb asked:
"Do you recognize this bottle?"
"I do," answered Mr. Seymour.
"For what purpose did Mr. Throckmorton procure the chloroform it
contains?"
"For his nephew, then sick at my house."
"Was it so used?" Mr. Promb asked.
"It was, to my personal knowledge."
"When?"
"About the time stated by Mr. Collygog."
After this, Mr. Promb recalled Tipps, who arose, with hand uplifted and
eyes raised obliquely as before, but nothing came of his re-examination.
After him many other men, all reputable and of good standing in the
community, were summoned by Mr. Promb to prove the prisoner's high
character; and with this, and a fine speech, but lacking force, I
thought, Uncle Job's attorney closed the defense. Upon this, Moth asked
that Mr. Seymour be recalled, and when this had been done, he asked:
"After the recovery of Mr. Throckmorton's nephew, what was done with the
bottle of chloroform?"
"I do not know."
"Who would know?" Moth asked.
"The servants, or perhaps my daughter."
"That is all," Moth responded; "I desire that Miss Constance Seymour be
called, your honor."
She not moving, nor seeming able to move, her father went to her, and
taking her hand, led her forward, speaking encouragingly as they made
their way through the crowded room.
"What is your name?" Moth asked, upon her being sworn.
"Constance Seymour."
"Do you recognize this bottle, Miss Constance?" Moth asked, and with
every show of gentleness and respect, I am bound to say, for which I
could not help but feel grateful to the scoundrel.
"Yes, sir."
"What was done with it after Gilbert Holmes' illness?" Moth asked.
To this Constance did not reply, nor would she until Judge Douglas,
leaning forward, said, with a smile of encouragement, that she must
answer the question.
"I placed it in Mr. Throckmorton's room," she replied at last,
trembling, and scarce above a whisper.
"You placed it in Mr. Throckmorton's room? Thank you; that will do,"
Moth said, looking toward the jury, as if they must certainly now
confirm his belief that he had proven Uncle Job's guilt beyond the
shadow of a doubt. "Your honor, I submit the case without further
statement," he went on, "having fully proven that Throckmorton is the
thief, and no one else"; saying which, he bowed and sank into his seat
with a complacent smile.
Upon this Mr. Promb conferred for a long while with Uncle Job, urging
upon him something he would by no means consent to, but of what nature I
could not tell. Afterward, turning to the judge, he said:
"The defense also rests its case here, desiring only to point out to the
honorable court and jury that in all his life, and in every affair of
business in which he has been engaged, and they have been many, Mr.
Throckmorton has borne an honorable character before men, no shadow of
any kind resting upon it. We hold, and in this we believe the jury will
agree, that because of his good name and unimpeachable integrity it is
impossible he could have committed the crime imputed to him. There is a
mystery connected with the case, we admit, that we cannot now fathom,
but feel assured that time will do this, and ere long, and to your
entire satisfaction and that of the community. In the confident belief
that this is so, he throws himself upon your mercy, believing that the
knowledge you have of men and how little likely they are to go wrong
when all their lives have been animated by honorable acts, will be found
sufficient to justify his acquittal--nay, to command it of you as a
right."
The trial being thus closed, Judge Douglas arose to charge the jury, and
doing so, pointed out that they must be governed in all things by the
testimony, but that if adverse to the prisoner, his previous good
character might of right be considered in fixing the sentence or in
considering any plea for mercy the jury might think fit to make.
Being thus instructed, the jury retired, no one in the room leaving or
making any move to do so. Such as had been thoughtful enough to bring
their lunch, ate it, chatting the while, yet never, except for a moment,
taking their eyes off the sad face of the accused, who sat during this
trying time, much cast down, it was apparent, at the desperate strait in
which he found himself. Thus half an hour passed, when word came that
the jury had agreed upon a verdict. At this, Judge Douglas resumed his
seat and motioned for the jury to be brought in. As the twelve men
filed into the room, I scanned them one by one to see if I might find
some hopeful sign, but unavailingly. For, as if having an unpleasant
duty to perform, the face of each was filled with perplexity and regret,
nor did any one of them look toward Uncle Job. At this, and arguing
from it that he was lost, I sprang up, and throwing my arms about his
neck, screamed at the top of my voice:
"He's innocent! He's innocent! I know he's innocent!"
Upon this a great commotion arose, the whole audience getting to their
feet, the better to see the prisoner and learn the cause of the
disturbance. In the midst of this, and while the sobs of Miss Betty and
Constance could be plainly heard, a great noise arose at the entrance to
the court, and this growing louder and being accompanied by cries and
oaths, every one turned to see what it was all about. This I did not
regard, until Uncle Job, standing up, cried out: "My God, Rathe!" Then
looking up, I saw Fox and Blott, and back of them Mr. Hayward and the
landlord of the Eagle's Nest dragging and pushing Rathe forward into the
room. Bringing him bound to the table about which the lawyers sat, Fox
stepped aside and whispered to Uncle Job, Mr. Promb joining them. While
this was occurring, the jury stood still, not understanding in the least
what it meant. Nor the judge any more than they; and at last, leaning
forward somewhat impatiently, he commanded the bailiff to enforce order
in the court. Moth, all this while, had not stirred, but suspecting
what was about to happen, the color left his face and he half arose to
his feet. Never have I seen a man more disturbed, but whether his
passions were directed toward Rathe or Uncle Job I could not tell; nor
did it matter. When some order had been secured, Mr. Promb turned to
the court, and in a voice he could scarce make heard, so greatly was he
moved, said:
"May it please the court, we beg in the interest of justice that the
case of the State versus Throckmorton be reopened, as we have important
evidence to present, not before obtainable."
"What is the nature of the evidence?" Judge Douglas asked, evidently at
a loss to understand the meaning of what had occurred.
"We have here in the person of Rathe one of the men who committed the
robbery, Mr. Throckmorton not being in any way concerned in it, as we
have claimed all along, and are now able to prove."
"I protest, your honor," Moth cried, springing to his feet. "This is a
conspiracy of robbers to ruin an honest man and liberate a rogue, and
nothing else. A reward is out for the man Fox there for highway
robbery. He is nothing but a common bandit, and I call on the court to
arrest him here and now."
"We will attend to that presently, Mr. Moth," Judge Douglas remarked,
holding up his hand to enforce silence. "Meantime, Mr. Promb, the court
and jury will hear any testimony you may have to offer, if it is
material, as you say."
"It is material, your honor; indeed, proves the innocence of the
prisoner at the bar. In pursuance of our just rights in the matter,
therefore, I desire that Mr. George Fox be called to testify."
No further objection being offered, the latter stepping forward and
being sworn, Mr. Promb went on:
"Now tell the judge and jury, if you please, all you know about this
case, and who it was that took the money Mr. Throckmorton is accused of
stealing."
"It is this way, your honor," Fox went on. "Believing from information
I had picked up that Rathe and the outlaw Burke were implicated in the
theft, I said as much to these gentlemen with me, telling them, upon
their expressing disbelief, that I would prove what I affirmed if they
would go with me, and this before they should be called upon to act in
any manner. Upon their consenting, we secured a boat, and last night
dropped down the river to Black Hawk's abandoned hut, where I had reason
to believe the thieves were to divide the proceeds of the robbery.
Secreting ourselves where we could see and hear all that occurred, we
had not long to wait before Burke appeared, and presently Rathe.
Lighting a candle, Burke produced the very packages of money which Mr.
Throckmorton is accused of stealing. When, however, he was about to
open them for the purpose of dividing the plunder, Rathe, who stood
somewhat in the shade, drew a pistol and fired upon him. Burke had not
noticed the motion, and when the ball struck him, staggered and partly
fell. Not being wholly disabled, he gave a cry and rushed upon Rathe,
but the latter evading him, drew a huge knife and plunged it to the hilt
in his breast. At this Burke threw up his hands with a groan and fell
to the floor dead. All this we saw, and rushing into the room, overcame
Rathe, but too late to save Burke. In proof of all I say, your honor,
here are the witnesses and there the packages of money, and the knife
with which Rathe killed Burke"; saying which, Fox laid the money on the
table before him, placing the bowie-knife, the blade of which was black
with clotted blood, beside it. "We expected, your honor," Fox went on,
as he stepped back, "to have reached here before the trial, but the
river being full of ice, were prevented."
Moth waiving cross-examination, Mr. Promb called Mr. Hayward, who
confirmed Fox's account, after which he turned to the judge, saying the
defense had no further testimony to offer. Upon this Judge Douglas
turned to Moth and asked if he desired to question the witness, or had
any evidence to present. To this Moth only shook his head, not taking
his eyes off Rathe. For it was apparent he had believed Uncle Job
guilty, and what he now heard fell upon him like a stroke from heaven,
as his face clearly showed. Judge Douglas, upon this, turned to the
jury, saying they must consider the new evidence with the old; but they,
not moving, and all looking toward Uncle Job, spoke up as with one
voice: "NOT GUILTY."
Bowing to Uncle Job and smiling, Judge Douglas dismissed him, ordering
at the same time that Rathe be removed to the jail to await commitment
and trial. At this the latter who had not moved, took a step forward,
and facing the judge, bowed, saying, as if speaking of some commonplace
occurrence:
"I admit all that has been said, your honor. There was not enough for
two, and so I killed Burke, and a good riddance it is to the community.
I am only sorry, however, that it was not the pious Throckmorton
instead," he added, turning and looking at Uncle Job. "Burke deserved
death, but not more than I, you will say, and truly enough. I intended
to kill him when I went to the cabin, and in this way, to illustrate,
your honor, and quite simply," Rathe went on, taking up the knife with
both hands, his arms being only loosely tied. "As he came toward me, the
pistol-shot not proving effective, I drew my knife, and raising it the
full length of my arm, buried it to the hilt in his bosom, like this";
and as he concluded, and looking the judge calmly in the face, he
plunged the weapon to the handle in his own heart.
At first the lookers-on thought he was acting, but when, after a moment,
he wavered and fell full length on the floor, there was a cry of horror
from all present, many women fainting, and the men staring, not knowing
what to make of it.
* * * * *
When some time had elapsed and the dead body of Rathe had been removed
and order had been restored, Moth arose, and turning to the judge, said:
"I call upon the court before it adjourns to order the arrest of the man
Fox for highway robbery."
At this, Fox, who was standing within the inclosure, turned to the judge
and said:
"May it please your honor, I admit all this man may say, not denying
anything, and beg that I may be tried here and now, and by the present
jury."
To this Judge Douglas demurred, but after reflecting upon it for a while
and conferring with the jury, he turned to Moth and said:
"You hear his admission, Mr. Moth? Are you ready to go on with the
case, as he suggests? If so, I can see no legal objection."
"It is what I desire above all things, your honor," Moth, answered, in a
sober way. "The man should be in the penitentiary, and the sooner he is
sent there the better for the community."
"Then the trial may proceed. Bailiff, conduct the prisoner to the bar,"
Judge Douglas ordered.
When this had been done and the jury again sworn, Judge Douglas motioned
Moth to proceed. This he did, after taking the oath, recounting at
length and with great particularity, the attempt to rob him, and Fox's
mishap and final discomfiture and imprisonment. When he had finished,
Fox, standing up and declining counsel, turned to the judge, and said:
"What this man says, your honor, is true, save, perhaps, a propensity
natural to him to exaggerate. I, however, did not seek to injure him,
and at the time he speaks of he was himself striving to unlawfully
kidnap this friendless youth, except for whom Rathe would now be at
liberty and Mr. Throckmorton a convicted criminal," saying which, Fox
stepped back and put his arm about my neck. "This does, not excuse my
crime, I know. I only claim Moth was not harmed at my hands, either in
body or purse. My former lawless way of life I have abandoned, as I can
prove, though it was more foolish than harmful. Folly, your honor,
comes natural to me, crime does not. I played robber, and thought I was
one, when in fact I was only an ass. No one here or elsewhere has ever
been harmed by me. I am no one's enemy but my own. Against my manhood
and knowledge of right I sinned, and sinning have paid the penalty by
outlawry. Moth's complaint against me is at best a moral one only. I
regret it, however, and would undo it if I could, but cannot, though I
repent in sackcloth and ashes. Such are the facts, your honor and
gentlemen. I do not claim I am what I should be. Nor was this man, a
self-confessed kidnaper, and that against the weak and unfriended.
Among my sins, your honor, I have not such a one to answer for. I ask
you, gentlemen, to judge between us. Look in his face and mine, and say
if in your hearts you think him the more honest. If so, then convict
me; if not, be lenient. My life is harassed by him beyond endurance,
and I cannot mend until I shake him off. The worst I can suffer will be
better than the present. He was not robbed by me, nor did I seek to
cripple or kill him, either of which things I might have done had I
wished. That is all I have to say, your honor, and concluding, I put
myself in your hands, craving forgiveness and mercy of all men"; saying
which, Fox sat down and buried his face in his hands, overcome by his
agitation and shame.
When he was through, and Moth making no move, Judge Douglas turned to
the jury and said:
"You have heard the evidence. If a crime has been committed, it is not
denied. You may retire."
This they did in a scramble, but scarcely had the door closed than it
flew open again and they filed out, but not now with doleful faces, as
before.
"Have you reached a verdict?" Judge Douglas asked, not showing any
surprise at their quick return.
"We have, your honor," answered the foreman.
"What is it?"
"We find the prisoner not guilty."
"Mr. Fox, you are at liberty. The court stands adjourned"; saying
which, Judge Douglas arose, and coming forward, congratulated Fox and
Uncle Job in the most kindly manner on their happy deliverance.
Afterward turning to Moth and taking his hand, he greeted him with the
utmost cordiality, at which I wondered with open mouth.
When the trials were thus concluded, Uncle Job put his arm about Fox,
the two leaving the room together; but not without much difficulty, for
at every step they were made to stop and receive the congratulations of
those present. For of all who were critical and cold before, not one
but now vied with his neighbor in grasping and holding the hands of the
two gentlemen as they passed, giving them at last a mighty cheer as they
disappeared through the door. Mr. Seymour, staying behind, collected
our friends and saviors, and with Judge Douglas we all went to the
Dragon together, where Uncle Job and Fox had already arrived. Here a
table was soon spread, Miss Betty and Constance and Setti and I waiting
upon the guests, and this with such love and throbbing hearts as I am
sure never beat in the breasts of servitors before.
* * * * *
Of the particulars of the crime for which Uncle Job was tried, we
learned in part later. It was the sight of the bottle of chloroform in
his room at the Dragon that suggested the conspiracy to Rathe, a movable
panel fixed in the stairway beside the cot in the office being the means
employed afterward for getting at Uncle Job without entering the place
where he lay asleep. When these preliminaries had been arranged, Rathe
waited for an opportunity, which he knew, from Uncle Job's business,
would not be long in coming. Of the villain Rathe and his previous life
we never found out anything, for among his effects there was no scrap
affording clew to his parentage or country, unless, indeed, a sheet of
paper in his box, on which there was a coat-of-arms, with the legend
"_Superamus eos qui oppugnant aut morimur_," might have afforded such a
clew.
*CHAPTER XLI*
*THE REUNION*
The next day being Christmas, Mr. Seymour gave a dinner party for
twelve, the guests of honor being Miss Betty and Uncle Job. Such things
were common with the landlord of the Dragon, and this, too,
notwithstanding the marked disapproval of many good people in Appletop,
who looked upon them as frivolous innovations, and therefore likely to
lead to harm. Mr. Seymour, however, maintained that the practice was a
good one, and this in the face of all, on the ground that the custom was
old, and one, moreover, he had been used to in his own country. It was
his habit to celebrate every notable event with a dinner, in which more
or less formality was observed. It was this last feature, the outgrowth
of Effete and Worn-out Usages of the Old World, that threatened, it was
believed, to bring our Institutions into Disrepute, if not Open
Ridicule, among the Young and Thoughtless. As Mr. Seymour was greatly
beloved, however, this displeasure did not go to the length of any
formal protest, but confined itself to furtive remarks and other
expressions more or less open.