THE VAGARIES OF THE HIGHER LAW

Mr. Delamere went immediately to his grandson's room, which he entered

alone, closing and locking the door behind him. He had requested Ellis

to wait in the carriage.

The bed had been made, and the room was apparently in perfect order.

There was a bureau in the room, through which Mr. Delamere proceeded to

look thoroughly. Finding one of the drawers locked, he tried it with a

key of his own, and being unable to unlock it, took a poker from beside

the stove and broke it ruthlessly open.

The contents served to confirm what he had heard concerning his

grandson's character. Thrown together in disorderly confusion were

bottles of wine and whiskey; soiled packs of cards; a dice-box with

dice; a box of poker chips, several revolvers, and a number of

photographs and paper-covered books at which the old gentleman merely

glanced to ascertain their nature.

So far, while his suspicion had been strengthened, he had found nothing

to confirm it. He searched the room more carefully, and found, in the

wood-box by the small heating-stove which stood in the room, a torn and

crumpled bit of paper. Stooping to pick this up, his eye caught a gleam

of something yellow beneath the bureau, which lay directly in his line

of vision.

First he smoothed out the paper. It was apparently the lower half of a

label, or part of the cover of a small box, torn diagonally from corner

to corner. From the business card at the bottom, which gave the name, of

a firm of manufacturers of theatrical supplies in a Northern city, and

from the letters remaining upon the upper and narrower half, the bit of

paper had plainly formed part of the wrapper of a package of burnt cork.

Closing his fingers spasmodically over this damning piece of evidence,

Mr. Delamere knelt painfully, and with the aid of his cane drew out from

under the bureau the yellow object which, had attracted his attention.

It was a five-dollar gold piece of a date back toward the beginning of

the century.

To make assurance doubly sure, Mr. Delamere summoned the cook from the

kitchen in the back yard. In answer to her master's questions, Sally

averred that Mr. Tom had got up very early, had knocked at her

window,--she slept in a room off the kitchen in the yard,--and had told

her that she need not bother about breakfast for him, as he had had a

cold bite from the pantry; that he was going hunting and fishing, and

would be gone all day. According to Sally, Mr. Tom had come in about ten

o'clock the night before. He had forgotten his night-key, Sandy was out,

and she had admitted him with her own key. He had said that he was very

tired and was going, immediately to bed.

Mr. Delamere seemed perplexed; the crime had been committed later in the

evening than ten o'clock. The cook cleared up the mystery.

"I reckon he must 'a' be'n dead ti'ed, suh, fer I went back ter his room

fifteen er twenty minutes after he come in fer ter fin' out w'at he

wanted fer breakfus'; an' I knock' two or three times, rale ha'd, an'

Mistuh Tom didn' wake up no mo' d'n de dead. He sho'ly had a good

sleep, er he'd never 'a' got up so ea'ly."

"Thank you, Sally," said Mr. Delamere, when the woman had finished,

"that will do."

"Will you be home ter suppah, suh?" asked the cook.

"Yes."

It was a matter of the supremest indifference to Mr. Delamere whether he

should ever eat again, but he would not betray his feelings to a

servant. In a few minutes he was driving rapidly with Ellis toward the

office of the Morning Chronicle. Ellis could see that Mr. Delamere had

discovered something of tragic import. Neither spoke. Ellis gave all his

attention to the horses, and Mr. Delamere remained wrapped in his own

sombre reflections.

When they reached the office, they were informed by Jerry that Major

Carteret was engaged with General Belmont and Captain McBane. Mr.

Delamere knocked peremptorily at the door of the inner office, which was

opened by Carteret in person.

"Oh, it is you, Mr. Delamere."

"Carteret," exclaimed Mr. Delamere, "I must speak to you immediately,

and alone."

"Excuse me a moment, gentlemen," said Carteret, turning to those within

the room. "I'll be back in a moment--don't go away."

Ellis had left the room, closing the door behind him. Mr. Delamere and

Carteret were quite alone.

"Carteret," declared the old gentleman, "this murder must not take

place."

"'Murder' is a hard word," replied the editor, frowning slightly.

"It is the right word," rejoined Mr. Delamere, decidedly. "It would be a

foul and most unnatural murder, for Sandy did not kill Mrs. Ochiltree."

Carteret with difficulty restrained a smile of pity. His old friend was

very much excited, as the tremor in his voice gave proof. The criminal

was his trusted servant, who had proved unworthy of confidence. No one

could question Mr. Delamere's motives; but he was old, his judgment was

no longer to be relied upon. It was a great pity that he should so

excite and overstrain himself about a worthless negro, who had forfeited

his life for a dastardly crime. Mr. Delamere had had two paralytic

strokes, and a third might prove fatal. He must be dealt with gently.

"Mr. Delamere," he said, with patient tolerance, "I think you are

deceived. There is but one sure way to stop this execution. If your

servant is innocent, you must produce the real criminal. If the negro,

with such overwhelming proofs against him, is not guilty, who is?"

"I will tell you who is," replied Mr. Delamere. "The murderer is,"--the

words came with a note of anguish, as though torn from his very

heart,--"the murderer is Tom Delamere, my own grandson!"

"Impossible, sir!" exclaimed Carteret, starting back involuntarily.

"That could not be! The man was seen leaving the house, and he was

black!"

"All cats are gray in the dark, Carteret; and, moreover, nothing is

easier than for a white man to black his face. God alone knows how many

crimes have been done in this guise! Tom Delamere, to get the money to

pay his gambling debts, committed this foul murder, and then tried to

fasten it upon as honest and faithful a soul as ever trod the earth."

Carteret, though at first overwhelmed by this announcement, perceived

with quick intuition that it might easily be true. It was but a step

from fraud to crime, and in Delamere's need of money there lay a

palpable motive for robbery,--the murder may have been an afterthought.

Delamere knew as much about the cedar chest as the negro could have

known, and more.

But a white man must not be condemned without proof positive.

"What foundation is there, sir," he asked, "for this astounding charge?"

Mr. Delamere related all that had taken place since he had left

Belleview a couple of hours before, and as he proceeded, step by step,

every word carried conviction to Carteret. Tom Delamere's skill as a

mimic and a negro impersonator was well known; he had himself laughed at

more than one of his performances. There had been a powerful motive, and

Mr. Delamere's discoveries had made clear the means. Tom's unusual

departure, before breakfast, on a fishing expedition was a suspicious

circumstance. There was a certain devilish ingenuity about the affair

which he would hardly have expected of Tom Delamere, but for which the

reason was clear enough. One might have thought that Tom would have been

satisfied with merely blacking his face, and leaving to chance the

identification of the negro who might be apprehended. He would hardly

have implicated, out of pure malignity, his grandfather's old servant,

who had been his own care-taker for many years. Here, however, Carteret

could see where Tom's own desperate position operated to furnish a

probable motive for the crime. The surest way to head off suspicion from

himself was to direct it strongly toward some particular person, and

this he had been able to do conclusively by his access to Sandy's

clothes, his skill in making up to resemble him, and by the episode of

the silk purse. By placing himself beyond reach during the next day, he

would not be called upon to corroborate or deny any inculpating

statements which Sandy might make, and in the very probable case that

the crime should be summarily avenged, any such statements on Sandy's

part would be regarded as mere desperate subterfuges of the murderer to

save his own life. It was a bad affair.

"The case seems clear," said Carteret reluctantly but conclusively. "And

now, what shall we do about it?"

"I want you to print a handbill," said Mr. Delamere, "and circulate it

through the town, stating that Sandy Campbell is innocent and Tom

Delamere guilty of this crime. If this is not done, I will go myself and

declare it to all who will listen, and I will publicly disown the

villain who is no more grandson of mine. There is no deeper sink of

iniquity into which he could fall."

Carteret's thoughts were chasing one another tumultuously. There could

be no doubt that the negro was innocent, from the present aspect of

affairs, and he must not be lynched; but in what sort of position would

the white people be placed, if Mr. Delamere carried out his Spartan

purpose of making the true facts known? The white people of the city had

raised the issue of their own superior morality, and had themselves made

this crime a race question. The success of the impending "revolution,"

for which he and his _confrères_ had labored so long, depended in large

measure upon the maintenance of their race prestige, which would be

injured in the eyes of the world by such a fiasco. While they might yet

win by sheer force, their cause would suffer in the court of morals,

where they might stand convicted as pirates, instead of being applauded

as patriots. Even the negroes would have the laugh on them,--the people

whom they hoped to make approve and justify their own despoilment. To be

laughed at by the negroes was a calamity only less terrible than failure

or death.

Such an outcome of an event which had already been heralded to the four

corners of the earth would throw a cloud of suspicion upon the stories

of outrage which had gone up from the South for so many years, and had

done so much to win the sympathy of the North for the white South and to

alienate it from the colored people. The reputation of the race was

threatened. They must not lynch the negro, and yet, for the credit of

the town, its aristocracy, and the race, the truth of this ghastly story

must not see the light,--at least not yet.

"Mr. Delamere," he exclaimed, "I am shocked and humiliated. The negro

must be saved, of course, but--consider the family honor."

"Tom is no longer a member of my family. I disown him. He has covered

the family name--my name, sir--with infamy. We have no longer a family

honor. I wish never to hear his name spoken again!"

For several minutes Carteret argued with his old friend. Then he went

into the other room and consulted with General Belmont. As a result of

these conferences, and of certain urgent messages sent out, within half

an hour thirty or forty of the leading citizens of Wellington were

gathered in the Morning Chronicle office. Several other curious persons,

observing that there was something in the wind, and supposing correctly

that it referred to the projected event of the evening, crowded in with

those who had been invited.

Carteret was in another room, still arguing with Mr. Delamere. "It's a

mere formality, sir," he was saying suavely, "accompanied by a mental

reservation. We know the facts; but this must be done to justify us, in

the eyes of the mob, in calling them off before they accomplish their

purpose."

"Carteret," said the old man, in a voice eloquent of the struggle

through which he had passed, "I would not perjure myself to prolong my

own miserable existence another day, but God will forgive a sin

committed to save another's life. Upon your head be it, Carteret, and

not on mine!"

"Gentlemen," said Carteret, entering with Mr. Delamere the room where

the men were gathered, and raising his hand for silence, "the people of

Wellington were on the point of wreaking vengeance upon a negro who was

supposed to have been guilty of a terrible crime. The white men of this

city, impelled by the highest and holiest sentiments, were about to take

steps to defend their hearthstones and maintain the purity and

ascendency of their race. Your purpose sprung from hearts wounded in

their tenderest susceptibilities."

"'Rah, 'rah!" shouted a tipsy sailor, who had edged in with the crowd.

"But this same sense of justice," continued Carteret oratorically,

"which would lead you to visit swift and terrible punishment upon the

guilty, would not permit you to slay an innocent man. Even a negro, as

long as he behaves himself and keeps in his place, is entitled to the

protection of the law. We may be stern and unbending in the punishment

of crime, as befits our masterful race, but we hold the scales of

justice with even and impartial hand."

"'Rah f' 'mpa'tial ban'!" cried the tipsy sailor, who was immediately

ejected with slight ceremony.

"We have discovered, beyond a doubt, that the negro Sandy Campbell, now

in custody, did not commit this robbery and murder, but that it was

perpetrated by some unknown man, who has fled from the city. Our

venerable and distinguished fellow townsman, Mr. Delamere, in whose

employment this Campbell has been for many years, will vouch for his

character, and states, furthermore, that Campbell was with him all last

night, covering any hour at which this crime could have been committed."

"If Mr. Delamere will swear to that," said some one in the crowd, "the

negro should not be lynched."

There were murmurs of dissent. The preparations had all been made. There

would be great disappointment if the lynching did not occur.

"Let Mr. Delamere swear, if he wants to save the nigger," came again

from the crowd.

"Certainly," assented Carteret. "Mr. Delamere can have no possible

objection to taking the oath. Is there a notary public present, or a

justice of the peace?"

A man stepped forward. "I am a justice of the peace," he announced.

"Very well, Mr. Smith," said Carteret, recognizing the speaker. "With

your permission, I will formulate the oath, and Mr. Delamere may repeat

it after me, if he will. I solemnly swear,"--

"I solemnly swear,"--

Mr. Delamere's voice might have come from the tomb, so hollow and

unnatural did it sound.

"So help me God,"--

"So help me God,"--

"That the negro Sandy Campbell, now in jail on the charge of murder,

robbery, and assault, was in my presence last night between the hours of

eight and two o'clock."

Mr. Delamere repeated this statement in a firm voice; but to Ellis, who

was in the secret, his words fell upon the ear like clods dropping upon

the coffin in an open grave.

"I wish to add," said General Belmont, stepping forward, "that it is not

our intention to interfere, by anything which may be done at this

meeting, with the orderly process of the law, or to advise the

prisoner's immediate release. The prisoner will remain in custody, Mr.

Delamere, Major Carteret, and I guaranteeing that he will be proved

entirely innocent at the preliminary hearing to-morrow morning."

Several of those present looked relieved; others were plainly,

disappointed; but when the meeting ended, the news went out that the

lynching had been given up. Carteret immediately wrote and had struck

off a handbill giving a brief statement of the proceedings, and sent out

a dozen boys to distribute copies among the people in the streets. That

no precaution might be omitted, a call was issued to the Wellington

Grays, the crack independent military company of the city, who in an

incredibly short time were on guard at the jail. Thus a slight change

in the point of view had demonstrated the entire ability of the leading

citizens to maintain the dignified and orderly processes of the law

whenever they saw fit to do so.

* * * * *

The night passed without disorder, beyond the somewhat rough handling of

two or three careless negroes that came in the way of small parties of

the disappointed who had sought alcoholic consolation.

At ten o'clock the next morning, a preliminary hearing of the charge

against Campbell was had before a magistrate. Mr. Delamere, perceptibly

older and more wizened than he had seemed the day before, and leaning

heavily on the arm of a servant, repeated his statement of the evening

before. Only one or two witnesses were called, among whom was Mr. Ellis,

who swore positively that in his opinion the prisoner was not the man

whom he had seen and at first supposed to be Campbell. The most

sensational piece of testimony was that of Dr. Price, who had examined

the body, and who swore that the wound in the head was not necessarily

fatal, and might have been due to a fall,--that she had more than likely

died of shock attendant upon the robbery, she being of advanced age and

feeble health. There was no evidence, he said, of any other personal

violence.

Sandy was not even bound over to the grand jury, but was discharged upon

the ground that there was not sufficient evidence upon which to hold

him. Upon his release he received the congratulations of many present,

some of whom would cheerfully have done him to death a few hours before.

With the childish fickleness of a mob, they now experienced a

satisfaction almost as great as, though less exciting than, that

attendant upon taking life. We speak of the mysteries of inanimate

nature. The workings of the human heart are the profoundest mystery of

the universe. One moment they make us despair of our kind, and the next

we see in them the reflection of the divine image. Sandy, having thus

escaped from the Mr. Hyde of the mob, now received the benediction of

its Dr. Jekyll. Being no cynical philosopher, and realizing how nearly

the jaws of death had closed upon him, he was profoundly grateful for

his escape, and felt not the slightest desire to investigate or

criticise any man's motives.

With the testimony of Dr. Price, the worst feature of the affair came to

an end. The murder eliminated or rendered doubtful, the crime became a

mere vulgar robbery, the extent of which no one could estimate, since no

living soul knew how much money Mrs. Ochiltree had had in the cedar

chest. The absurdity of the remaining charge became more fully apparent

in the light of the reaction from the excitement of the day before.

Nothing further was ever done about the case; but though the crime went

unpunished, it carried evil in its train. As we have seen, the charge

against Campbell had been made against the whole colored race. All over

the United States the Associated Press had flashed the report of another

dastardly outrage by a burly black brute,--all black brutes it seems are

burly,--and of the impending lynching with its prospective horrors. This

news, being highly sensational in its character, had been displayed in

large black type on the front pages of the daily papers. The dispatch

that followed, to the effect that the accused had been found innocent

and the lynching frustrated, received slight attention, if any, in a

fine-print paragraph on an inside page. The facts of the case never came

out at all. The family honor of the Delameres was preserved, and the

prestige of the white race in Wellington was not seriously impaired.

* * * * *

Upon leaving the preliminary hearing, old Mr. Delamere had requested

General Belmont to call at his house during the day upon professional

business. This the general did in the course of the afternoon.

"Belmont," said Mr. Delamere, "I wish to make my will. I should have

drawn it with my own hand; but you know my motives, and can testify to

my soundness of mind and memory."

He thereupon dictated a will, by the terms of which he left to his

servant, Sandy Campbell, three thousand dollars, as a mark of the

testator's appreciation of services rendered and sufferings endured by

Sandy on behalf of his master. After some minor dispositions, the whole

remainder of the estate was devised to Dr. William Miller, in trust for

the uses of his hospital and training-school for nurses, on condition

that the institution be incorporated and placed under the management of

competent trustees. Tom Delamere was not mentioned in the will.

"There, Belmont," he said, "that load is off my mind. Now, if you will

call in some witnesses,--most of my people can write,--I shall feel

entirely at ease."

The will was signed by Mr. Delamere, and witnessed by Jeff and Billy,

two servants in the house, neither of whom received any information as

to its contents, beyond the statement that they were witnessing their

master's will. "I wish to leave that with you for safe keeping,

Belmont," said Mr. Delamere, after the witnesses had retired. "Lock it

up in your safe until I die, which will not be very long, since I have

no further desire to live."

An hour later Mr. Delamere suffered a third paralytic stroke, from which

he died two days afterwards, without having in the meantime recovered

the power of speech.

The will was never produced. The servants stated, and General Belmont

admitted, that Mr. Delamere had made a will a few days before his death;

but since it was not discoverable, it seemed probable that the testator

had destroyed it. This was all the more likely, the general was inclined

to think, because the will had been of a most unusual character. What

the contents of the will were, he of course did not state, it having

been made under the seal of professional secrecy.

This suppression was justified by the usual race argument: Miller's

hospital was already well established, and, like most negro

institutions, could no doubt rely upon Northern philanthropy for any

further support it might need. Mr. Delamere's property belonged of right

to the white race, and by the higher law should remain in the possession

of white people. Loyalty to one's race was a more sacred principle than

deference to a weak old man's whims.

Having reached this conclusion, General Belmont's first impulse was to

destroy the will; on second thoughts he locked it carefully away in his

safe. He would hold it awhile. It might some time be advisable to talk

the matter over with young Delamere, who was of a fickle disposition and

might wish to change his legal adviser.

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