II.

If anybody had told Jerry Stokes the week before that he possessed an

ample, unexhausted fund of natural enthusiasm, Jerry Stokes would have

looked upon him as only fit for Hatwood Asylum. He was a solid, stolid,

thick-headed man, was Jerry, who honestly believed in the importance of

his office, and hanged men as respectably as he would have slaughtered

oxen. But that incredible verdict, as it seemed to him, begot in him

suddenly a fierce outburst of zeal which was all the more violent

because of its utter novelty. For the first time in his life he woke up

to the enthusiasm of humanity. You'll often find it so in very

phlegmatic men; it takes a great deal to stir their stagnant depths; but

let them once be aroused, and the storm is terrible, the fire within

them burns bright with a warmth and light which astonishes everybody.

For days the look on Richard Ogilvy's face, when he heard that false

verdict returned against him, haunted the hangman's brain every hour of

the twenty-four. He lay awake on his bed and shuddered to think of it.

Come what might, that man must never be hanged. And, please heaven,

Jerry added, they should never hang him.

The sentence, Canadian fashion, was for six clear weeks. And at the end

of that time, unless anything should turn up meanwhile to prevent it, it

would be Jerry's duty to hang the man he believed to be innocent.

For all those years, Jerry had stolidly and soberly hanged whomever he

was bid, taking it for granted the law was always in the right, and that

the men on whom he operated were invariably malefactors. But now, a

great horror possessed his soul. The revulsion was terrible. This one

gross miscarriage of justice, as it seemed to him, raised doubts at the

same time in his startled soul as to the rightfulness of all his

previous hangings. Had he been in the habit of doing innocent men to

death for years? Was the law, then, always so painfully fallible? Could

it go wrong in all the dignity of its unsullied ermine? Jerry could hang

the guilty without one pang of remorse. But to hang the innocent!--he

drew himself up; that was altogether a different matter.

Yet what could he do? A petition? Impossible! Never within his memory

could Jerry recollect so perfect a unanimity of public opinion in favour

of a sentence. A petition was useless. Not a soul would sign it.

Everybody was satisfied. Let Ogilvy swing! The very women would have

lynched the man if they could have caught him at the first. And now that

he was to be hanged, they were heartily glad of it.

Still, there is nothing to spur a man on in a hopeless cause like the

feeling that you stand alone and unaided. Jerry Stokes saw all the world

was for hanging Ogilvy--with the strange and solitary exception of the

public hangman. And what did the public hangman's opinion count in such

a case? As Jerry Stokes well knew, rather less than nothing.

Day after day wore away, and the papers were full of "the convict

Ogilvy." Would he confess, or would he not? that was now the question.

Every second night the Toronto papers had a special edition with a

"Rumoured Confession of the Napanee Murderer," and every second morning

they had a telegram direct from Kingston jail to contradict it. Not a

doubt seemed to remain with anybody as to the convict's guilt. But the

papers reiterated daily the same familiar phrase, "Ogilvy persists to

the end in maintaining his innocence."

[Illustration: "IT COST HIM DEAR, THAT EPISTLE."]

Jerry had read these words a hundred times before, about other

prisoners, with a gentle smile of cynical incredulity; he read them now

with blank amazement and horror at the callousness of a world which

could hang an innocent man without appeal or inquiry.

Time ran on, and the eve of the execution arrived at last. Something

must be done: and Jerry did it. That night he sat long in his room by

himself, in the unwonted throes of literary composition. He was writing

a letter--a letter of unusual length and surprising earnestness. It cost

him dear, that epistle; with his dictionary by his side, he stopped many

times to think, and bit his penholder to fibre. But he wrote none the

less with fiery indignation, and in a fever of moral zeal that

positively astonished himself. Then he copied it out clean on a separate

sheet, and folded the letter when done, with a prayer in his heart. It

was a prayer for mercy on a condemned criminal--by the public hangman.

After that he stuck a stamp on with trembling fingers, and posted it

himself at the main office.

All that night long Jerry lay awake and thought about the execution. As

a rule, executions troubled his rest very little. But then, he had never

before had to hang an innocent man--at least he hoped not--though his

faith in the law had received a severe shock, and he trembled to think

now what judicial murders he might have helped in his time unconsciously

to consummate.

Next morning early, at the appointed hour, Jerry Stokes presented

himself at Kingston jail. The sheriff was there, and the chaplain, and

the prisoner. Ogilvy looked at him hard with a shrinking look of horror.

Jerry had seen that look, too, a hundred times before, and disregarded

it utterly: it was only the natural objection of a condemned criminal to

the constitutional officer appointed to operate on him. But this time it

cut the man to the very quick. That an innocent fellow-creature should

regard him like that was indeed unendurable, especially when he, the

public hangman, was the only soul on earth who believed in his

innocence!

[Illustration: "I AIN'T A-GOING TO HANG THIS MAN."]

The chaplain stood forward and read the usual prayers. The condemned man

repeated them after him in a faltering voice. As he finished, the

sheriff turned with a grave face to Jerry. "Do your duty," he said. And

Jerry stared at him stolidly.

"Sheriff," he began at last, after a very long pause, bracing himself up

for an effort, "I've done my duty all my life till this, and I'll do it

now. There ain't going to be no execution at all here this morning!"

The sheriff gazed at him astonished.

"What do you mean, Stokes?" he asked, taken aback at this sudden turn.

"No reprieve has come. The prisoner is to be hanged without fail to-day

in accordance with his sentence. It says so in the warrant: 'wherein

fail not at your peril.'"

Jerry looked round him with an air of expectation. "No reprieve hasn't

come yet," he answered, in a stolid way; "but I'm expecting one

presently. I've done my duty all my life, sheriff, I tell you, and I'll

do it now. I ain't a-going to hang this man at all--because I know he's

innocent."

The prisoner gasped, and turned round to him in amaze. "Yes, I'm

innocent!" he said slowly, looking him over from head to foot; "but

you--how do you know it?"

"I know it by your face," Jerry answered sturdily; "and I know by the

other one's face it was him that did it."

The sheriff looked on in puzzled wonderment. This was a hitch in the

proceedings he had never expected. "Your conduct is most irregular,

Stokes," he said at last, stroking his chin in his embarrassment; "most

irregular and disconcerting. If you had a conscientious scruple against

hanging the prisoner, you should have told us before. Then we might have

arranged for some other executioner to serve in your place. As it is,

the delay is most unseemly and painful: especially for the prisoner.

Your action can only cause him unnecessary suspense. Sooner or later

this morning, somebody must hang him."

But Jerry only looked back at him with an approving nod. The sheriff had

supplied him, all inarticulate that he was, with suitable speech. "Ah,

that's just it, don't you see," he made answer promptly, "it's a

conscientious scruple. That's why I won't hang him. No man can't be

expected to go agin his conscience. I never hanged an innocent man

yet--least-ways not to my knowledge; and s'help me heaven, I won't hang

one now, not for the Queen nor for nobody!"

The sheriff paused. The sheriff deliberated. "What on earth am I to do?"

he exclaimed, in despair. "If _you_ won't hang him, how on earth at this

hour can I secure a substitute?"

Jerry stared at him stolidly once more, after his wont. "If _I_ don't

hang him," he answered, with the air of one who knows his ground well,

"it's _your_ business to do it with your own hands. 'Wherein fail not at

your peril.' And I give you warning beforehand, sheriff, if you _do_

hang him--why, you'll have to remember all your life long that you

helped to get rid of an innocent man, when the common hangman refused to

execute him!"

To such a pitch of indignation was he roused by events that he said it

plump out, just so, "the common hangman." Rather than let his last

appeal lack aught of effectiveness in the cause of justice, he consented

so to endorse the public condemnation of his own respectable, useful,

and necessary calling!

There was a pause of a few minutes, during which the sheriff once more

halted and hesitated; the prisoner looked around with a pale and

terrified air; and Jerry kept his eye fixed hard on the gate, like one

who really expects a reprieve or a pardon.

"Then you absolutely refuse?" the sheriff asked at last, in a despairing

sort of way.

"I absolutely refuse," Jerry answered, in a very decided tone. But it

was clear he was beginning to grow anxious and nervous.

"In that case," the sheriff replied, turning round to the jailor, "I

must put off this execution for half an hour, till I can get someone

else to come in and assist me."

Hardly had he spoken the words, however, when a policeman appeared at

the door of the courtyard, and in a very hurried voice asked eagerly to

be admitted. His manner was that of a man who brings important news.

"The execution's not over, sir?" he said, turning to the sheriff with a

very scared face. "Well, thank heaven for that! Dr. Wade's outside, and

he says, for God's sake, he must speak at once with you."

The sheriff hesitated. He hardly knew what to do. "Bring him in," he

said at last, after a solemn pause. "He may have something to tell us

that will help us out of this difficulty."

[Illustration: "HE WAS PALE AND HAGGARD."]

The condemned man, thus momentarily respited on the very brink of the

grave, stood by with a terrible look of awed suspense upon his bloodless

face. But Jerry Stokes' lips bore an expression of quiet triumph. He had

succeeded in his attempt, then. He had brought his man to book. That was

something to be proud of. Alone he had done it! He had saved the

innocent and exposed the guilty!

As they stood there and pondered, each man in silence, on his own

private thoughts, the policeman returned, bringing with him the doctor

whose evidence had weighed most against Ogilvy at the trial. Jerry

Stokes started to see the marvellous alteration in the fellow's face. He

was pale and haggard; his lips were parched; and his eyes had a sunken

and hollow look with remorse and horror. Cold sweat stood on his brow.

His mouth twitched horribly. It was clear he had just passed through a

terrible crisis.

He turned first to Jerry. His lips were bloodless, and trembled as he

spoke; his throat was dry; but in a husky voice he still managed to

deliver himself of the speech that haunted him. "Your letter did it," he

said slowly, fixing his eyes on the hangman; "I couldn't stand _that_.

It broke me down utterly. All night long I lay awake and knew I had sent

him to the gallows in my place. It was terrible--terrible! But I

wouldn't give way: I'd made up my mind, and I meant to pull through with

it. Then the morning came--the morning of the execution, and with it

your letter. Till that moment I thought nobody knew but myself. I wasn't

even suspected. When I saw _you_ knew, I could stand it no longer. You

said: 'If you let this innocent man swing in your place, I, the common

hangman, will refuse to execute him. If he dies, I'll avenge him. I'll

hound you to your grave. I'll follow up clues till I've brought your

crime home to you. Don't commit two murders instead of one. It'll do you

no good, and be worse in the end for you.' When I read those

words--those terrible words!--from the common hangman, 'Ah, heaven!' I

thought, 'I need try to conceal it no longer.' All's up now. I've come

to confess. Thank heaven I'm in time! Sheriff, let this man go. It was I

who poisoned her!"

There was a dead silence again for several seconds. Jerry Stokes was the

first of them all to break it. "I knew it," he said solemnly. "I was

sure of it. I could have sworn to it."

"And I am sure of it, too," the condemned man put in, with tremulous

lips. "I was sure it was he; but how on earth was I to prove it?"

The sheriff looked about him at all three in turn. "Well," he said

deliberately, with a sigh of relief, "I must telegraph for instructions

to Ottawa immediately. Prisoner, you are _not_ reprieved; but under

these peculiar circumstances, as Dr. Wade makes a voluntary confession

of having committed the crime himself, I defer the execution for the

present on my own responsibility. Jailer, I remit Mr. Ogilvy to the

cells till further instructions arrive from the Viceroy. Policeman, take

charge of Dr. Wade, who gives himself into custody for the murder of

Mrs. Ogilvy. Stokes, perhaps you did right after all. Ten minutes' delay

made all the difference. If you'd consented to hang the prisoner at

first, this confession might only have come after all was over."

The doctor turned to Jerry, with the wan ghost of a grim smile upon his

worn and pallid face. The marks of a great struggle were still visible

in every line. "And you won't be baulked of your fee, after all," he

added, with a ghastly effort at cynical calmness; "for you'll have _me_

to hang before you have seen the end of this business."

But Jerry shook his head. "I ain't so sure about that," he said,

scratching his thick, bullet poll, and holding his great square neck a

little on one side. "I ain't so sure of my trade as I used to be once,

sheriff and gentlemen. I always used to hold it was a useful, a

respectable, and a necessary trade, and of benefit to the community. But

I've began to doubt it. If the law can string up an innocent man like

this, and no appeal, except for the exertions of the public executioner,

why, I've began to doubt the expediency, so to speak, of capital

punishment. I ain't so certain as I was about the usefulness of hanging.

Dr. Wade, I think somebody else may have the turning of you off. Mr.

Ogilvy, I'm glad, sir, it was me that had the hanging of you. An

unscrupulous man might ha' gone for his fee. I couldn't do that: I gone

for justice. Give me your hand, sir. Thank you. You needn't be ashamed

of shaking hands once in a way with a public functionary--especially

when it's for the last time in his official career. Sheriff, I've had

enough of this 'ere work for life. I go back to the lumbering trade. I

resign my appointment."

It was a great speech for Jerry--an oratorical effort. But a prouder or

happier man there wasn't in Kingston that day than Jeremiah Stokes, late

public executioner.

_The Piece of Gold._

The Strand Magazine, Vol. 01, No. 03, March 1891 An Illustrated Monthly · 第 31 / 49 题