There was no further time for conversation. The moment had come when

Boyd Westover must be called to the bar to receive the sentence of the

court. The Commonwealth's Attorney made the necessary motion in a voice

that could hardly be heard because of his lack of control over his

organs of speech. The Judge tried hard to deliver the little address he

had carefully prepared as a means of suggesting what he could not

say--that in spite of everything he could not personally regard Boyd

Westover as a man actually guilty of crime. His voice behaved so badly

that after a futile attempt he gave up the effort to say anything,

except the formal words that condemned the prisoner to serve a term at

hard labor in the State prison.

The term fixed by the sentence was the shortest that the law allowed,

but what comfort was there in that to a sensitive man like Boyd

Westover, to whom disgrace for half a minute meant the same thing as

disgrace for all time? It is doubtful that he even grasped the meaning

of the words used in limiting the sentence to the briefest time allowed.

As there were papers to be made out and signed, Jack Towns and his

client sat for a brief while waiting. Presently there was a little

commotion in the outer corridor and a moment later a bailiff hurriedly

entered and made his way to the Commonwealth's Attorney, to whom he

whispered excitedly. That officer asked a brief question or two under

his breath. Then he turned to the court and said, while all listened

with the greatest interest:

"If your honor please, something has happened--something out of the

ordinary, something important, something which if I am correctly

informed vitally concerns business now before the court. I ask to be

excused for a few minutes in order that I may learn the facts and

report them to the court."

With that, receiving a nod of approval from the Judge, he withdrew.

When he had gone the Judge said:

"We may as well save what we can of the time of waiting. Mr. Clerk, if

you have the papers ready in the Westover case I'll sign them."

They were passed to him and, after he had signed them, handed over to

the sheriff, thus completing that matter at once.

A moment later, the Commonwealth's Attorney returned, pale to the lips,

trembling like one in an ague fit, and with the muscles about his mouth

twitching in a way that was positively painful to all who looked at him.

In a voice that was hard, metallic, and obviously controlled only by a

supreme effort of the will, he addressed the court.

"There has been a terrible mistake made," he said with none of the

formalities of speech usual in addressing a tribunal,--"a disastrous,

cruel, irreparable mistake, for my share in which I hide my head in

shame as I ask God and man to pardon me. In convicting and sentencing

Boyd Westover, we have convicted and sentenced an innocent man. The

real culprit is now in a jury room adjoining this apartment. He has

been caught in a repetition of the act for which Boyd Westover has been

convicted and sentenced. He has confessed that he was the offender on

the former occasion, and the committing magistrate before whom he was

brought this morning has brought him hither to repeat his confession

and to let your honor look upon him. It is the most phenomenal case of

mistaken identity I ever knew or heard of. Even fiction, with its

limitless license of invention, offers no parallel that I ever heard

of. The resemblance between this man and Boyd Westover is so perfect,

so startling in its completeness that I could never have believed it

upon any testimony other than that of my own eyes. I ask permission to

bring the prisoner into court."

By this time the court room was packed with all sorts and conditions of

men, for the news of what had happened during the night before had

spread like wildfire over the city.

A minute later the prisoner, who gave his name as "Dolly Andrews," but

admitted that "Dolly" was short for Adolphus, was brought to the bar.

At the Commonwealth's Attorney's request, Boyd Westover moved forward

and stood by his side.

The two men were precisely alike in size, form and feature, but

strangely unlike in expression. As Jack Towns put the matter: "Boyd

Westover, being a gentleman, looks into your eyes when he speaks to you

or you to him; the other fellow looks anywhere but at you. In the one

face there is intelligence,--in the other a low cunning; in the one an

alert outlook, in the other a look of morbid introspection. Still the

two men are absolutely alike in all physical respects--more alike than

I supposed that even twins could be. I could myself easily mistake one

for the other, and I don't wonder that a lot of excited school girls,

routed out of bed in the middle of the night and with only bedroom

candles to see by, made the terrible mistake they did."

The problem now was what to do. Fortunately the committing magistrate

was a man of wise discretion. He presented himself in court and said to

the Judge:

"I have not yet committed this man, though he was caught in the act and

has made full confession, both as to his present offence and as to the

former crime, of which another has been mistakenly convicted. I have

thought it better to bring him before your honor and ask you to sit as

committing magistrate in the case, in order that you may yourself hear

his confession. It has seemed to me that this course was best in aid of

justice in another case."

After an exchange of dignified compliments, the Judge, sitting as a

committing magistrate, heard the case. During the preceding night there

had been an alarm of "burglars" in Le Voiser's school. As before, the

matron marshalled her charges for retreat, but this time there were two

stalwart men on the premises and awaiting call. Monsieur Le Voiser had

looked out for that, by ordering his furnace man and his steward to

sleep in a room within convenient call, and when the intruder attempted

to escape they were there to seize and hold him by physical force.

They testified to the facts.

Then the culprit repeated the confession he had already made. He seemed

in no way ashamed, and he did not hesitate. He declared that it was he,

and not Boyd Westover, who had invaded the school on the former

occasion, and when asked what his motive was, he disclaimed all

purposes of robbery and sought to justify himself by the solemn

declaration:

"On both occasions I went there under the command of the Supreme Being."

"Just what do you mean by that?" asked the Judge, testily.

"I am divinely commissioned to marry Miss--"

"Stop!" commanded the Judge. "Don't mention the young lady's name. Just

say 'a certain young lady.' We won't have her name dragged into the

case."

"Very well," said the culprit. "It is only that I am acting under a

divine commission and have nothing to conceal. I must marry the young

lady in question. I met her in the street once, and talked to her on

the subject. She mistook me for Boyd Westover, and I thought it best to

use that name in my dealings with her. You see, Judge, when one is

divinely commissioned to achieve a purpose, details make no difference."

"Go on," said the Judge; "omit explanations and arguments, and tell

what happened."

"The young lady rejected my addresses. I was not discouraged by that. I

had been divinely warned to expect it. I wrote her many notes, but she

did not reply to them. Then I saw my duty clearly. I decided to use

gentle force and carry her away with me, leaving the divine influence

to chasten her proud spirit and teach her the duty of loving me. I have

been twice defeated in my endeavors. I shall succeed when the appointed

time is ripe. I must be patient and faithful, that is all."

"After all," whispered Jack Towns to the Commonwealth's Attorney, "that

hysterical girl who said he had come to abduct her was right, except in

her identification of the man."

"Yes, but the exception is one of disastrous consequences. Help me,

Towns, to right this wrong! I'll never do the like again. I'll never

prosecute another case so long as I live. I've already sent in my

resignation from office."

"You're a sublimated idiot," said Jack. "Listen. The Judge is speaking."

"I will commit this man to await the action of the Grand Jury," the

Judge said. "In the meanwhile the Court suggests to the Commonwealth's

Attorney the propriety of asking for a commission in lunacy to inquire

into this man's sanity."

Thus spurred out of the lethargic collapse into which he had fallen,

the official prosecutor made the necessary motion and the court

promptly appointed the commission.

Then Jack Towns arose to ask:

"What is to be done to right the wrong in the case of my client? And

more especially, what is to be done to prevent the aggravation of that

wrong? I call attention to the fact that the papers committing this

obviously innocent man to the penitentiary are already in the hands of

the sheriff, who has no right to exercise discretion in the case. In

the ordinary course of events my client, innocent of offence as he

obviously is, must pass the portals of the prison within the hour. I

ask the court to prevent this crowning wrong in a case in which enough

and too much of wrong has been done already."

The Judge was in full sympathy, but for order's sake he asked if the

Commonwealth's Attorney desired to be heard in opposition to the

request of the counsel.

"Not in opposition," said the official, "but in full and hearty

sympathy. I feel that a great wrong has been done; I feel this so

strongly that I have sent to the proper authority my resignation of the

office I hold, in order that I may never again have part or lot in a

wrong so grievous. I earnestly second the request of the counsel for

the prisoner that everything shall be done which the law permits, to

prevent further wrong and to right the wrong already done."

"Very well," said the Judge. "The sheriff is ordered to return to the

clerk the papers in his possession. The prisoner is paroled in the

custody of his counsel, to await further proceedings. Unfortunately the

court knows of no process of law by which the fact of this innocent

man's conviction and sentence can be undone. It is not within the power

of man to make that not to be which has been. The court cannot undo the

proceedings that have been had in this case. It can only make an

earnest effort to prevent the wrongful results of those proceedings. To

that end I purpose to go in person before the Governor of the State to

ask for the fullest reparation that can be made, namely, a

pardon--pardon for a crime that has not been committed. It seems almost

a mockery, but it is the best that is possible under the law. In order

to give all the emphasis I can to the proceedings, I shall adjourn

court for a time, and ask the Commonwealth's Attorney to accompany me

on this mission of justice. Further than that, I direct him to summon

the members of the jury that convicted Boyd Westover of a crime of

which he is not guilty, to go with us before the Governor and join us

in our request. So far as the securing of a pardon is concerned, no

effort of this kind is necessary; but the court deems it proper in this

case to make this united appeal of judge, jury, and prosecutor by way

of emphasizing our recognition of the injustice done. The court stands

adjourned until four o'clock this afternoon, at which hour Mr. Boyd

Westover"--the Judge no longer spoke of him as "the prisoner"--"will

present himself here and the court will itself deliver to him--as it is

fitting that the court should do in such a case--the papers relieving

him, so far as it is possible now to relieve him, of all the

consequences of a clearly erroneous accusation and conviction."

When the Judge ceased speaking, Boyd Westover made a profound bow to

him, saying simply: "I thank you." Then turning to Towns he said:

"Come, Jack! I'm faint and hungry. Let's go to Tom Griffin's and get

something to eat."

Tom Griffin's was a place well known in the Richmond of that old time.

Tom himself was a negro slave who enjoyed vastly more liberty than any

free man of color ever did in Virginia. Every gentleman in Richmond was

his personal friend; so was every aristocratic planter east of the Blue

Ridge. Any one of them would have drawn his check in payment for Tom's

liberty, if Tom had desired to be free. But Tom Griffin wanted nothing

of the kind. He was happy and he knew when he was well off. If his

freedom had been bought, he must, under the law, have left his native

state, whose people were his friends and whose associations meant to

him all that life could mean.

He knew all there was to know of catering and of cookery. Better still,

as he phrased it, he "instincted just how to make things good to eat."

He had genius, in short, and the fact was recognized and celebrated by

every man in Virginia who had a palate and the price--and who enjoyed

Tom Griffin's favor. For Tom Griffin's place was no ordinary

restaurant. Men of the common herd were not welcomed there. Only those

whom he recognized as his friends--and his friendships were rigidly

restricted to the aristocratic class--were privileged to sit at Tom's

polished old mahogany table, and enjoy sora, or canvas backs or

terrapin in perfection. Only such were served with his glorified chine

and spare-ribs, his roast turkey or his forequarters of spring lamb.

And those who were so privileged could never be persuaded to believe

that anybody else in all the world could even by accident serve any

viand in such perfection as that in which every viand came from Tom

Griffin's expert hands.

Tom probably knew who his master was, but nobody else ever asked. Tom

probably paid his master a liberal compensation for his time; he could

well afford to do so. For Tom Griffin was rich--so rich that many a

young Virginian whose frequent rash expenditures threatened to involve

him in argument with his father, found relief in a loan from Tom

Griffin's hand, concerning which no papers were passed. These loans

were certain to be repaid. They were debts of honor, seeing that as a

suitor Tom Griffin--a negro slave--would have had no standing in court.

Tom Griffin had waiters in adequate force, but he never permitted them

to serve a gentleman without his personal superintendence. If a

gentleman wanted a glass of water during his meal--as even Virginia

gentlemen sometimes did--Tom regarded his waiter as a person competent

to serve it. The waiter could clear away the used crockery, too, and

see to it that lighted wax candles were in place for cigar-lighting

purposes. There were other minor offices that Tom permitted to his

waiters. But when it came to serving a dish, Tom took the function upon

himself.

"You see," he once explained, "the boys is so stupid. If I've laid

myself out to have a dish just right, I ain't a goin' to spile all my

work by lettin' a clumsy nigger slap-bang it on the table, like as if

he was a sellin' fish in the market."

In accordance with his custom, therefore, Tom personally served a

dinner that Boyd Westover had not ordered. There were soft crabs to

begin with. There was a whole fore-quarter of genuine spring lamb for

Boyd to carve at will. There were the earliest peas of the season,

secured by Tom Griffin's "System," which consisted in letting all the

market gardeners know that he paid higher prices than anybody else for

the first and best of every garden's product, and, more important

still, that any gardener failing to give him first choice would be cut

off his list, a proscription too serious to be faced with composure.

There were the first tomatoes of the season, too, and there was

everything else that was possible, including a _meringe a la créme_,

black coffee and cigars at the end.

Boyd Westover had ordered nothing of the sort, but Tom Griffin served

it all quite as if he had done so, and when it came upon the table Tom

busied himself and a corkscrew in opening a dusty, cobwebbed bottle of

antique Madeira, saying as he did so:

"Dis is Ann Maria wine, Mas' Boyd, an' dere ain't much of it left in

Old Virginia, I reckon. Will you 'scuse me ef I say I ain't paid no

attention to your order in gittin' your dinner ready, an' I ain't asked

what sort o' wine you wanted? De explanation is dat Tom Griffin is a

furnishin' this here dinner an' this here Ann Maria Madeira, as his

contribution to de joyful occasion. Gentlemen, I trust your appetites

is good."

With that Tom withdrew too hastily for protest or remonstrance. As he

went he snatched a napkin from a vacant table, with which to dry his

dusky cheeks of the tears that were streaming down them in spite of all

his efforts at self-control.

Tom had learned from his customers to speak fairly correct English, and

his lapse into the negro dialect of his boyhood on this occasion was

the "outward and visible sign of the inward" emotional disturbance that

Boyd Westover's experience had wrought in his all-affectionate soul.

XII

AFTER THE STORM

Hungry as Boyd Westover had declared himself to be, and tempting as was

the dinner that Tom Griffin served, the young man ate with scant

appetite, and when the meal was over his friend was anxiously worried.

"See here, Boyd!" he said. "In view of all the circumstances you ought

to be the jolliest fellow in Richmond to-day. You've borne up

astonishingly during the real stress of this affair. Why should you

flunk now that it's all over and you're a victor?"

"I'm not flunking. I'll never flunk, but stoicism costs," answered

Westover.

"Just how do you mean?"

"I mean that my determination to bear a bold and unflinching front as

it becomes a Westover to do when the penitentiary doors were yawning

for me, with lifelong disgrace as my portion, has taken more out of me

than you can easily believe. To a man raised in our traditions, the

prospect of disgrace and shame is a fearful thing to face. A score of

agonizing deaths by torture would have been to me as nothing in

comparison with what I have suffered in contemplation of this horror. I

have faced the thing as bravely as I could. That much I owed to my

name, my caste, my lineage--call it what you will. But my bank account

of endurance is running low now. My drafts upon it have been heavy

and--well, there have been no deposits to strengthen it."

He was thinking bitterly of Margaret Conway's defection.

"Don't let us talk of that. I'm as nearly on the verge of collapse as a

healthy man can be, that's all."

"But you are vindicated, and when your pardon comes this afternoon--"

"Pardon? Yes. For a crime I did not commit. Think of it, Jack. From

this hour forth I shall be a man accused, convicted and sentenced for a

crime of infamous character, and graciously pardoned for it. It

couldn't be worse--except to my own soul--if I were guilty. The pardon

undoes nothing but the punishment. It doesn't wipe out the stain. It

doesn't--oh, well, you understand. I am free, but my life is ruined. If

I were called as a witness in court, the opposing attorney would be

free to ask me if I had not been convicted of a felony and sentenced,

and I should have to answer yes. Then he could forbid me to explain.

The thing is horrible. The law as it stands is infamously unjust. Why

should I be a pardoned criminal when I have committed no crime? Why

should not the court that convicted me and sentenced me under a mistake

have power to undo the wrong by another trial or procedure of some

kind? Why should I not be acquitted of a false accusation instead of

being 'pardoned' for an offence never committed? No, don't bother to

answer. I know the answer already. Such cases are too rare for the law

to have provided for them, though it is the law's boast that there is

no wrong for which it doesn't provide a remedy. However, let's talk of

something else. I'm going off for rest. I suppose this Rocky Mountain

matter ought to be looked after. Will you go out there as my

representative, under your blanket power of attorney, and do whatever

you think best about it? There seems to be money enough in it to pay

you all you want in the way of fees, according to your representation."

"I'll go, of course. But I wish you would go instead, or go with me. It

would divert your mind, and, believe me, Boyd, you need such diversion

more than anything else. Why can't you go?"

"Because I must rest, and because--well, because of many things. Never

mind. I'm not going and you are. I'm going a fishing. Draw up all the

necessary papers and I'll execute them. Can you get them ready

to-night? I want to go away to-morrow morning and forget."

"Where will you go? To Wanalah?"

"No; except for brief preparations. To the mountains. You know I own

three or four high mountain tops up in the Blue Ridge, with the swales,

called valleys, that lie between. The land is worthless, but the woods

up there are full of game and the brooks alive with trout. My

grandfather bought the vast tract as an indulgence and my father kept

it with a like purpose. There's a shack of some sort up there I

believe. If not, I can build one in a half day, and it will interest me

to chink and daub it."

Jack Towns sat silent for a time. Then he said:

"I heartily disapprove of your plan. It means solitude, and you need

association with men to cure you of morbid and unwholesome feelings."

"But I can associate with men only upon sufferance. You've heard of the

person who said: 'The more I see of men, the better I like dogs.' I'm

not quite of his mind, but anyhow I'm going up into the high mountains

with my dogs, my guns and my fishing tackle. So get all the papers

ready, Jack, and let me get away as soon as possible."

Again, Jack Towns sat silent and troubled. After awhile he said:

"Of course you'll go to my house to-night and be my guest so long as

you remain in Richmond?"

"Thank you, I will if you'll see to it that no visitors get at me. I

want to go to sleep as soon as this thing's over and I'd like to stay

asleep forever."

"You're all wrong, but of course as a guest in my house you'll be

protected from everything that is reasonably or unreasonably

disagreeable to you. But really, Boyd, the people who are sure to call

to-night--"

"Yes, I know. They will call to offer congratulations which are in fact

commiserations and condolences. I don't care to attend my own funeral

in the capacity of chief mourner, just yet. I shouldn't mind the

funeral, with myself for the corpse, but I'm not prepared to play the

part of chief mourner."

"You're morbid, Boyd."

"Perhaps so, but I'm going to become healthy again. Now listen. I'm

going off into the mountains to match my wits with those of the wiliest

trout, the shyest deer, the most experienced wild turkey gobblers, and

now and then perhaps to try conclusions with a sly old bear. By the

time I return to civilization, I'll have decided upon my career. I'm

going to do something--I don't know what. But by that time I'll know."

"Good! That's the way to look at things. After all, the strain your

stoicism has put upon you hasn't robbed you of your robust manhood, and

that is what I feared."

"My dear Jack, I couldn't lose that and go on living. It is only that I

must have a little time in which to pull myself together and see what I

can do. If your mission to the Rocky Mountains proves that those

fellows out there are right, and that a great wealth is ready to my

hand, I may turn philanthropist, or I may enter upon great business

undertakings which by their employment of multitudes of men at good

wages are perhaps the most philanthropic of all endeavors. I don't

know. I can't think till I sleep and rest. At any rate while I am

recovering tone up in the high mountains of the Blue Ridge, you will

find out what monetary tools I have to work with. Theology teaches us

that the primal curse was a condemnation to work. It was the primal

blessing instead. That's an aside. I have good friends up in the

mountains, chief among whom is Judy Peters."

"The Queen of the mountains? I've heard of her. She's an erratic

political factor with whom every candidate must reckon, I'm told."

"She's all that. She controls the mountain vote in her district as

absolutely as the Superintendent of the Penitentiary was to have

controlled me--"

"Now, my dear Boyd, I beg you to put aside that sort of brooding. It's

morbid, it's hurtful to your character, it's--"

Westover of Wanalah: A story of love and life in Old Virginia · 第 4 / 18 段