CHAPTER XXXV

Eva was still breathing faintly as the sun dropped behind the western

hills. Shannon had not left the house all day. She felt that Custer

needed her, that they all needed her, however little she could do to

mitigate their grief. There was at least a sense of sharing their

burden, and her fine sensibilities told her that this service of love

was quite as essential as the more practical help that she would have

been glad to offer had it been within her power.

She was standing in the patio with Custer, at sunset, within call of

Eva’s room, as they had all been during the entire day, when a car

drove up along the south drive and stopped at the patio entrance. Three

of the four men in it alighted and advanced toward them.

“You are Custer Pennington?” one of them asked.

Pennington nodded.

“And you are Miss Burke--Miss Shannon Burke?”

“I am.”

“I am a deputy sheriff. I have a warrant here for your arrest.”

“Arrest!” exclaimed Custer. “For what?”

He read the warrant to them. It charged them with the murder of Wilson

Crumb.

“I am sorry, Mr. Pennington,” said the deputy sheriff; “but I have been

given these warrants, and there is nothing for me to do but serve them.”

“You have to take us away now? Can’t you wait--until--my sister is

dying in there. Couldn’t it be arranged so that I could stay here under

arrest as long as she lives?”

The deputy shook his head.

“It would be all right with me,” he said; “but I have no authority to

let you stay. I’ll telephone in, though, and see what I can do. Where

is the telephone?”

Pennington told him.

“You two stay here with my men,” said the deputy sheriff, “while I

telephone.”

He was gone about fifteen minutes. When he returned, he shook his head.

“Nothing doing,” he said. “I have to bring you both in right away.”

“May I go to her room and see her again before I leave?” asked Custer.

“Yes,” said the deputy; but when Custer turned toward his sister’s

room, the officer accompanied him.

Dr. Baldwin and one of the nurses were in the room. Young Pennington

came and stood beside the bed, looking down on the white face and the

tumbled curls upon the pillow. He could not perceive the slightest

indication of life, yet they told him that Eva still lived. He knelt

and kissed her, and then turned away. He tried to say good-by to her,

but his voice broke, and he turned and left the room hurriedly.

Colonel and Mrs. Pennington were in the patio, with Shannon and the

officers. The colonel and his wife had just learned of this new blow,

and both of them were stunned. The colonel seemed to have aged a

generation in that single day. He was a tired, hopeless old man. The

heart of his boy and that of Shannon Burke went out to him and to the

suffering mother from whom their son was to be taken at this moment

in their lives when they needed him most. In their compassion for the

older Penningtons they almost forgot the seriousness of their own

situation.

At their arraignment, next morning, the preliminary hearing was set for

the following Friday. Early in the morning Custer had received word

from Ganado that Eva still lived, and that Dr. Baldwin now believed

they might hold some slight hope for her recovery.

At Ganado, despair and anxiety had told heavily upon the Penningtons.

The colonel felt that he should be in Los Angeles, to assist in the

defense of his son; and yet he knew that his place was with his wife,

whose need of him was even greater. Nor would his heart permit him to

leave the daughter whom he worshiped, so long as even a faint spark of

life remained in that beloved frame.

Mrs. Evans returned from Los Angeles the following day. She was almost

prostrated by this last of a series of tragedies ordered, as it seemed,

by some malignant fate for the wrecking of her happiness. She told them

that Guy appeared to be hopelessly insane. He did not know his mother,

nor did he give the slightest indication of any recollection of his

past life, or of the events that had overthrown his reason.

At ten o’clock on Wednesday night Dr. Baldwin came into the living

room, where the colonel and his wife were sitting with Mrs. Evans. For

two days none of them had been in bed. They were tired and haggard, but

not more so than the old doctor, who had remained constantly on duty

from the moment when he was summoned. Never had man worked with more

indefatigable zeal than he to wrest a young life from the path of the

grim reaper. There were deep lines beneath his eyes, and his face was

pale and drawn, as he entered the room and stood before them; but for

the first time in many hours there was a smile upon his lips.

“I believe,” he said, “that we are going to save her.”

The others were too much affected to speak. So long had hope been

denied that now they dared not even think of hope.

“She regained consciousness a few moments ago. She looked up at me and

smiled, and then she fell asleep. She is breathing quite naturally now.

She must not be disturbed, though. I think it would be well if you all

retired. Mrs. Pennington, you certainly must get some sleep--and you

too, Mrs. Evans, or I cannot be responsible for the results. I have

left word with the night nurse to call me immediately, if necessary,

and if you will all go to your rooms I will lie on the sofa here in the

living room. I feel at last that it will be safe for me to leave her in

the hands of the nurse, and a little sleep won’t hurt me.”

The colonel took his old friend by the hand.

“Baldwin,” he said, “it is useless to try to thank you. I couldn’t,

even if there were the words to do it with.”

“You don’t have to, Pennington. I think I love her as much as you

do. There isn’t any one who knows her who doesn’t love her, and who

wouldn’t have done as much as I. Now, get off to bed all of you, and I

think we’ll find something to be very happy about by morning. If there

is any change for the worse, I will let you know immediately.”

* * * * *

In the county jail in Los Angeles, Custer Pennington and Shannon

Burke, awaiting trial on charges of a capital crime, were filled with

increasing happiness as the daily reports from Ganado brought word of

Eva’s steady improvement, until at last that she was entirely out of

danger.

The tedious preliminaries of selecting a jury were finally concluded.

As witness after witness was called, Pennington came to realize for

the first time what a web of circumstantial evidence the State had

fabricated about him. Even from servants whom he knew to be loyal and

friendly the most damaging evidence was elicited. His mother’s second

maid testified that she had seen him fully dressed in his room late

in the evening before the murder, when she had come in, as was her

custom, with a pitcher of iced water, not knowing that the young man

was there. She had seen him lying upon the bed, with his gun in its

holster hanging from the belt about his waist. She also testified that

the following morning, when she had come in to make up his bed, she had

discovered that it had not been slept in.

The stableman testified that the Apache had been out on the night

of the murder. He had rubbed the animal off earlier in the evening,

when the defendant had come in from riding. At that time the two had

examined the horse’s shoes, the animal having just been reshod. He said

that on the morning after the murder there were saddle sweat marks on

the Apache’s back, and that the off fore shoe was missing.

One of the K. K. S. employees testified that a young man, whom he

partially identified as Custer, had ridden into their camp about nine

o’clock on the night of the murder, and had inquired concerning the

whereabouts of Crumb. He said that the young man seemed excited, and

upon being told that Crumb was away he had ridden off rapidly toward

Sycamore Cañon.

Added to all this were the damaging evidence of the detective who had

found the Apache’s off fore shoe under Crumb’s body, and the positive

identification of the shoe by Allen. The one thing that was lacking--a

motive for the crime--was supplied by Allen and the Penningtons’ house

man.

The latter testified that among his other duties was the care of the

hot water heater in the basement of the Pennington home. Upon the

evening of Saturday, August 5, he had forgotten to shut off the burner,

as was his custom. He had returned about nine o’clock, to do so. When

he had left the house by the passageway leading from the basement

beneath the south drive and opening on the hillside just above the

water gardens, he had seen a man standing by the upper pool, with his

arms about a woman, whom he was kissing. It was a bright moonlight

night, and the house man had recognized the two as Custer Pennington

and Miss Burke. Being embarrassed by having thus accidentally come upon

them, he had moved away quietly in the opposite direction, among the

shadows of the trees, and had returned to the bunk house.

The connecting link between this evidence and the motive for the crime

was elicited from Allen in half an hour of direct examination, which

constituted the most harrowing ordeal that Shannon Burke had ever

endured; for it laid bare before the world, and before the man she

loved, the sordid history of her life with Wilson Crumb. It portrayed

her as a drug addict and a wanton; but, more terrible still, it

established a motive for the murder of Crumb by Custer Pennington.

Owing to the fact that he had lain in a drunken stupor during the night

of the crime, that no one had seen him from the time when the maid

entered his room to bring his iced water until his father had found

him fully clothed upon his bed at five o’clock the following morning,

young Pennington was unable to account for his actions, or to state his

whereabouts at the time when the murder was committed.

He realized what the effect of the evidence must be upon the minds

of the jurors when he himself was unable to assert positively, even

to himself, that he had not left his room that night. Nor was he

very anxious to refute the charge against him, since in his heart he

believed that Shannon Burke had killed Crumb. He did not even take the

stand in his own defense.

The evidence against Shannon was less convincing. A motive had been

established in Crumb’s knowledge of her past life and the malign

influence that he had had upon it. The testimony of the camp flunky who

had seen her obliterating what evidence the trail might have given in

the form of hoofprints constituted practically the only direct evidence

that was brought against her. It seemed to Custer that the gravest

charge that could justly be brought against her was that of accessory

after the fact, provided the jury was convinced of his guilt.

Many witnesses testified, giving evidence concerning apparently

irrelevant subjects. It was brought out, however, that Crumb died from

the effects of a wound inflicted by a forty-five-caliber pistol, that

Custer Pennington possessed such a weapon, and that at the time of

his arrest it had been found in its holster, with its cartridge belt,

thrown carelessly upon his bed.

When Shannon Burke took the stand, all eyes were riveted upon her.

They were attracted not only by her youth and beauty, but also by the

morbid interest which the frequenters of court rooms would naturally

feel in the disclosure of the life she had led at Hollywood. Even to

the most sophisticated it appeared incredible that this refined girl,

whose soft, well modulated voice and quiet manner carried a conviction

of innate modesty, could be the woman whom Slick Allen’s testimony had

revealed in such a rôle of vice and degradation.

Allen’s eyes were fastened upon her with the same intent and searching

expression that had marked his attitude upon the occasion of his last

visit to the Vista del Paso bungalow, as if he were trying to recall

the identity of some half forgotten face.

Though Shannon gave her evidence in a simple, straightforward manner,

it was manifest that she was undergoing an intense nervous strain. The

story that she told, coming as it did out of a clear sky, unguessed

either by the prosecution or by the defense, proved a veritable

bombshell to them both. It came after it had appeared that the last

link had been forged in the chain that fixed the guilt upon Custer

Pennington. She had asked, then, to be permitted to take the stand and

tell her story in her own way.

“I did not see Mr. Crumb,” she said, “from the time I left Hollywood on

the 30th of July, last year, until the afternoon before he was killed;

nor had I communicated with him during that time. What Mr. Allen told

you about my having been a drug addict was true, but he did not tell

you that Crumb made me what I was, or that after I came to Ganado to

live I overcame the habit. I did not live with Crumb as his wife. He

used me to peddle narcotics for him. I was afraid of him, and did not

want to go back to him. When I left, I did not even let him know where

I was going.

“The afternoon before he was killed I met him accidentally in the patio

of Colonel Pennington’s home. The Penningtons had no knowledge of my

association with Crumb. I knew that they wouldn’t have tolerated me,

had they known what I had been. Crumb demanded that I should return to

him, and threatened to expose me if I refused. I knew that he was going

to be up in the cañon that night. I rode up there and shot him. The

next morning I went back and attempted to obliterate the tracks of my

horse, for I had learned from Custer Pennington that it is sometimes

easy to recognize individual peculiarities in the tracks of a shod

horse. That is all, except that Mr. Pennington had no knowledge of what

I did, and no part in it.”

Momentarily her statement seemed to overthrow the State’s case

against Pennington; but that the district attorney was not convinced

of its truth was indicated by his cross-examination of her and other

witnesses, and later by the calling of new witnesses. They could not

shake her testimony, but on the other hand she was unable to prove that

she had ever possessed a forty-five-caliber pistol, or to account for

what she had done with it after the crime.

During the course of her cross-examination many apparently unimportant

and irrelevant facts were adduced, among them the name of the Middle

Western town in which she had been born. This trivial bit of testimony

was the only point that seemed to make any impression on Allen. Any

one watching him at the moment would have seen a sudden expression of

incredulity and consternation overspread his face, the hard lines of

which slowly gave place to what might, in another, have suggested a

semblance of grief.

For several minutes he sat staring intently at Shannon. Then he crossed

to the side of her attorney, and whispered a few words in the lawyer’s

ear. Receiving an assent to whatever his suggestion might have been, he

left the court room.

On the following day the defense introduced a new witness in the person

of a Japanese who had been a house servant in the bungalow on the Vista

del Paso. His testimony substantiated Shannon Burke’s statement that

she and Crumb had not lived together as man and wife.

Then Allen was recalled to the stand. He told of the last evening that

he had spent at Crumb’s bungalow, and of the fact that Miss Burke, who

was then known to him as Gaza de Lure, had left the house at the same

time he did. He testified that Crumb had asked her why she was going

home so early; that she had replied that she wanted to write a letter;

that he, Allen, had remarked “I thought you lived here,” to which she

had replied, “I’m here nearly all day, but I go home nights.” The

witness added that this conversation took place in Crumb’s presence,

and that the director did not in any way deny the truth of the girl’s

assertion.

Why Allen should have suddenly espoused her cause was a mystery to

Shannon, only to be accounted for upon the presumption that if he could

lessen the value of that part of her testimony which had indicated a

possible motive for the crime, he might thereby strengthen the case

against Pennington, toward whom he still felt enmity, and whom he had

long ago threatened to “get.”

The district attorney, in his final argument, drew a convincing picture

of the crime from the moment when Custer Pennington saddled his horse

at the stables at Ganado. He followed him up the cañon to the camp in

Jackknife, where he had inquired concerning Crumb, and then down to

Sycamore again, where, at the mouth of Jackknife, the lights of Crumb’s

car would have been visible up the larger cañon.

He demonstrated clearly that a man familiar with the hills, and

searching for some one whom sentiments of jealousy and revenge were

prompting him to destroy, would naturally investigate this automobile

light that was shining where no automobile should be. That the prisoner

had ridden out with the intention of killing Crumb was apparent

from the fact that he had carried a pistol in a country where, under

ordinary circumstances, there was no necessity for carrying a weapon

for self-defense. He vividly portrayed the very instant of the

commission of the crime--how Pennington leaned from his saddle and shot

Crumb through the heart; the sudden leap of the murderer’s horse as he

was startled by the report of the pistol, or possibly by the falling

body of the murdered man; and how, in so jumping, he had forged and

torn off the shoe that had been found beneath Crumb’s body.

“And,” he said, “this woman knew that he was going to kill Wilson

Crumb. She knew it, and she made no effort to prevent it. On the

contrary, as soon as it was light enough, she rode directly to the spot

where Crumb’s body lay, and, as has been conclusively demonstrated by

the unimpeachable testimony of an eyewitness, she deliberately sought

to expunge all traces of her lover’s guilt.”

He derided Shannon’s confession, which he termed an eleventh hour

effort to save a guilty man from the gallows.

“If she killed Wilson Crumb, what did she kill him with?”

He picked up the bullet that had been extracted from Crumb’s body.

“Where is the pistol from which this bullet came? Here it is,

gentlemen!”

He picked up the weapon that had been taken from Custer’s room.

“Compare this bullet with those others that were taken from the clip in

the handle of this automatic. They are identical. This pistol did not

belong to Shannon Burke. It was never in her possession. No pistol of

this character was ever in her possession. Had she had one, she could

have told where she obtained it, and whether it had been sold to her

or to another; and the records of the seller would show whether or not

she spoke the truth. Failing to tell us where she procured the weapon,

she could at least lead us to the spot where she had disposed of it.

She can do neither, and the reason why she cannot is because she never

owned a forty-five-caliber pistol. She never had one in her possession,

and therefore she could not have killed Crumb with one.”

When at length the case went to the jury, Custer Pennington’s

conviction seemed a foregone conclusion, while the fate of Shannon

Burke was yet in the laps of the gods. The testimony that Allen and

the Japanese servant had given in substantiation of Shannon’s own

statement that her relations with Wilson Crumb had only been those of

an accomplice in the disposal of narcotics, removed from consideration

the principal motive that she might have had for killing Crumb.

And so there was no great surprise when, several hours later, the

jury returned a verdict in accordance with the public opinion of Los

Angeles--where, owing to the fact that murder juries are not isolated,

such cases are tried largely by the newspapers and the public. They

found Custer Pennington, Jr., guilty of murder in the first degree, and

Shannon Burke not guilty.

The girl from Hollywood · 第 35 / 37 章