CHAPTER XIV

Again there was a long moment of silence, while Harry stood pawing at

his mustache and while Robert Fairchild sought to summon the strength

to do the thing which was before him. It had been comparatively easy

to make resolutions while there still was hope. It was a far different

matter now. All the soddenness of the old days had come back to him,

ghosts which would not be driven away; memories of a time when he was

the grubbing, though willing slave of a victim of fear,--of a man whose

life had been wrecked through terror of the day when intruders would

break their way through the debris, and when the discovery would be

made. And it had remained for Robert Fairchild, the son, to find the

hidden secret, for him to come upon the thing which had caused the

agony of nearly thirty years of suffering, for him to face the

alternative of again placing that gruesome find into hiding, or to

square his shoulders before the world and take the consequences.

Murder is not an easy word to hear, whether it rests upon one's own

shoulders, or upon the memory of a person beloved. And right now

Robert Fairchild felt himself sagging beneath the weight of the

accusation.

But there was no time to lose in making his decision. Beside him stood

Harry, silent, morose. Before him,--Fairchild closed his eyes in an

attempt to shut out the sight of it. But still it was there, the

crumpled heap of tattered clothing and human remains, the awry, heavy

shoes still shielding the fleshless bones of the feet. He turned

blindly, his hands groping before him.

"Harry," he called, "Harry! Get me out of here--I--can't stand it!"

Wordlessly the big man came to his side. Wordlessly they made the trip

back to the hole in the cave-in and then followed the trail of new-laid

track to the shaft. Up--up--the trip seemed endless as they jerked and

pulled on the weighted rope, that their shaft bucket might travel to

the surface. Then, at the mouth of the tunnel, Robert Fairchild stood

for a long time staring out over the soft hills and the radiance of the

snowy range, far away. It gave him a new strength, a new

determination. The light, the sunshine, the soft outlines of the scrub

pines in the distance, the freedom and openness of the mountains seemed

to instill into him a courage he could not feel down there in the

dampness and darkness of the tunnel. His shoulders surged, as though

to shake off a great weight. His eyes brightened with resolution.

Then he turned to the faithful Harry, waiting in the background.

"There's no use trying to evade anything, Harry. We 've got to face

the music. Will you go with me to notify the coroner--or would you

rather stay here?"

"I 'll go."

Silently they trudged into town and to the little undertaking shop

which also served as the office of the coroner. They made their

report, then accompanied the officer, together with the sheriff, back

to the mine and into the drift. There once more they clambered through

the hole in the cave-in and on toward the beginning of the stope. And

there they pointed out their discovery.

A wait for the remainder of that day,--a day that seemed ages long, a

day in which Robert Fairchild found himself facing the editor of the

_Bugle_, and telling his story, Harry beside him. But he told only

what he had found, nothing of the past, nothing of the white-haired man

who had waited by the window, cringing at the slightest sound on the

old, vine-clad veranda, nothing of the letter which he had found in the

dusty safe. Nothing was asked regarding that; nothing could be gained

by telling it. In the heart of Robert Fairchild was the conviction

that somehow, some way, his father was innocent, and in his brain was a

determination to fight for that innocence as long as it was humanly

possible. But gossip told what he did not.

There were those who remembered the departure of Thornton Fairchild

from Ohadi. There were others who recollected perfectly that in the

center of the rig was a singing, maudlin man, apparently "Sissie"

Larsen. And they asked questions. They cornered Harry, they shot

their queries at him one after another. But Harry was adamant.

"I ain't got anything to sye! And there's an end to it!"

Then, forcing his way past them, he crossed the street and went up the

worn steps to the little office of Randolph P. Farrell, with his

grinning smile and his horn-rimmed glasses, there to tell what he

knew,--and to ask advice. And with the information the happy-go-lucky

look faded, while Fairchild, entering behind Harry, heard a verdict

which momentarily seemed to stop his heart.

"It means, Harry, that you were accessory to a crime--if this was a

murder. You knew that something had happened. You helped without

asking questions. And if it can be proved a murder--well," and he

drummed on his desk with the end of his pencil--"there 's no statute of

limitations when the end of a human life is concerned!"

Only a moment Harry hesitated. Then:

"I 'll tell the truth--if they ask me."

"When?" The lawyer was bending forward.

"At the inquest. Ain't that what you call it?"

"You'll tell nothing. Understand? You'll tell nothing, other than

that you, with Robert Fairchild, found that skeleton. An inquest is

n't a trial. And that can't come without knowledge and evidence that

this man was murdered. So, remember--you tell the coroner's jury that

you found this body and nothing more!"

"But--"

"It's a case for the grand jury after that, to study the findings of

the coroner's jury and to sift out what evidence comes to it."

"You mean--" This time it was Fairchild cutting in--"that if the

coroner's jury cannot find evidence that this man was murdered, or

something more than mere supposition to base a charge on--there 'll be

no trouble for Harry?"

"It's very improbable. So tell what happened on this day of this year

of our Lord and nothing more! You people almost had me scared myself

for a minute. Now, get out of here and let a legal light shine without

any more clouds for a few minutes."

They departed then and traveled down the stairs with far more spring in

their step than when they had entered. Late that night, as they were

engaged at their usual occupation of relating the varied happenings of

the day to Mother Howard, there came a knock at the door.

Instinctively, Fairchild bent toward her:

"Your name 's out of this--as long as possible."

She smiled in her mothering, knowing way. Then she opened the door,

there to find a deputy from the sheriff's office.

"They 've impaneled a jury up at the courthouse," he announced. "The

coroner wants Mr. Fairchild and Mr. Harkins to come up there and tell

what they know about this here skeleton they found."

It was the expected. The two men went forth, to find the street about

the courthouse thronged, for already the news of the finding of the

skeleton had traveled far, even into the little mining camps which

skirted the town. It was a mystery of years long agone, and as such it

fascinated and lured, in far greater measure perhaps, than some murder

of a present day. Everywhere were black crowds under the faint street

lamps. The basement of the courthouse was illuminated; and there were

clusters of curious persons about the stairways. Through the throngs

started Harry and Fairchild, only to be drawn aside by Farrell, the

attorney.

"I 'm not going to take a part in this unless I have to," he told them.

"It will look better for you if it is n't necessary for me to make an

appearance. Whatever you do," and he addressed Harry, "say nothing

about what you were telling me this afternoon. In the first place, you

yourself have no actual knowledge of what happened. How do you know

but what Thornton Fairchild was attacked by this man and forced to kill

in self-defense? It's a penitentiary offense for a man to strike

another, without sufficient justification, beneath ground. And had

Sissie Larsen even so much as slapped Thornton Fairchild, that man

would have been perfectly justified in killing him to protect himself.

I 'm simply telling you that so that you will have no qualms in keeping

concealed facts which, at this time, have no bearing. Guide yourselves

accordingly--and as I say, I will be there only as a spectator, unless

events should necessitate something else."

They promised and went on, somewhat calmer in mind, to edge their way

to the steps and to enter the basement of the courthouse. The coroner

and his jury, composed of six miners picked up haphazard along the

street--according to the custom of coroners in general--were already

present. So was every person who possibly could cram through the doors

of the big room. To them all Fairchild paid little attention,--all but

three.

They were on a back seat in the long courtroom,--Squint Rodaine and his

son, chalkier, yet blacker than ever, while between them sat an old

woman with white hair which straggled about her cheeks, a woman with

deep-set eyes, whose hands wandered now and then vaguely before her; a

wrinkled woman, fidgeting about on her seat, watching with craned neck

those who stuffed their way within the already crammed room, her eyes

never still, her lips moving constantly, as though mumbling some

never-ending rote. Fairchild stared at her, then turned to Harry.

"Who 's that with the Rodaines?"

Harry looked furtively. "Crazy Laura--his wife."

"But--"

"And she ain't 'ere for anything good!"

Harry's voice bore a tone of nervousness. "Squint Rodaine don't even

recognize 'er on the street--much less appear in company with 'er.

Something's 'appening!"

"But what could she testify to?"

"'Ow should I know?" Harry said it almost petulantly. "I did n't even

know she--"

"Oyez, oyez, oyez!" It was the bailiff, using a regular district-court

introduction of the fact that an inquest was about to be held. The

crowded room sighed and settled. The windows became frames for human

faces, staring from without. The coroner stepped forward.

"We are gathered here to-night to inquire into the death of a man

supposed to be L. A. Larsen, commonly called 'Sissie', whose skeleton

was found to-day in the Blue Poppy mine. What this inquest will bring

forth, I do not know, but as sworn and true members of the coroner's

jury, I charge and command you in the great name of the sovereign State

of Colorado, to do your full duty in arriving at your verdict."

The jury, half risen from its chair, some with their left hands held

high above them, some with their right, swore in mumbling tones to do

their duty, whatever that might be. The coroner surveyed the

assemblage.

"First witness," he called out; "Harry Harkins!"

Harry went forward, clumsily seeking the witness chair. A moment later

he had been sworn, and in five minutes more, he was back beside

Fairchild, staring in a relieved manner about him. He had been

questioned regarding nothing more than the mere finding of the body,

the identification by means of the watch, and the notification of the

coroner. Fairchild was called, to suffer no more from the queries of

the investigator than Harry. There was a pause. It seemed that the

inquest was over. A few people began to move toward the door--only to

halt. The coroner's voice had sounded again:

"Mrs. Laura Rodaine!"

Prodded to her feet by the squint-eyed man beside her, she rose, and

laughing in silly fashion, stumbled to the aisle, her straying hair,

her ragged clothing, her big shoes and shuffling gait all blending with

the wild, eerie look of her eyes, the constant munching of the almost

toothless mouth. Again she laughed, in a vacant, embarrassed manner,

as she reached the stand and held up her hand for the administration of

the oath. Fairchild leaned close to his partner.

"At least she knows enough for that."

Harry nodded.

"She knows a lot, that ole girl. They say she writes down in a book

everything she does every day. But what can she be 'ere to testify to?"

The answer seemed to come in the questioning voice of the coroner.

"Your name, please?"

"Laura Rodaine. Least, that's the name I go by. My real maiden name

is Laura Masterson, and--"

"Rodaine will be sufficient. Your age?"

"I think it's sixty-four. If I had my book I could tell. I--"

"Your book?"

"Yes, I keep everything in a book. But it is n't here. I could n't

bring it."

"The guess will be sufficient in this case. You 've lived here a good

many years, Mrs. Rodaine?"

"Yes. Around thirty-five. Let's see--yes, I 'm sure it's thirty-five.

My boy was born here--he 's about thirty and we came here five years

before that."

"I believe you told me to-night that you have a habit of wandering

around the hills?"

"Yes, I 've done that--I do it right along--I 've done it ever since my

husband and I split up--that was just a little while after the boy was

born--"

"Sufficient. I merely wanted to establish that fact. In wandering

about, did you ever see anything, twenty-three or four years ago or so,

that would lead you to believe you know something about the death of

this man whose demise we are inquiring?"

The big hand of Harry caught at Fairchild's arm. The old woman had

raised her head, craning her neck and allowing her mouth to fall open,

as she strove for words. At last:

"I know something. I know a lot. But I 've never figured it was

anybody's business but my own. So I have n't told it. But I

remember--"

"What, Mrs. Rodaine?"

"The day Sissie Larsen was supposed to leave town--that was the day he

got killed."

"Do you remember the date?"

"No--I don't remember that."

"Would it be in your book?"

She seemed to become suddenly excited. She half rose in her chair and

looked down the line of benches to where her husband sat, the scar

showing plainly in the rather brilliant light, his eyes narrowed until

they were nearly closed. Again the question, and again a moment of

nervousness before she answered:

"No--no--it would n't be in my book. I looked."

"But you remember?"

"Just like as if it was yesterday."

"And what you saw--did it give you any idea--"

"I know what I saw."

"And did it lead to any conclusion?"

"Yes."

"What, may I ask?"

"That somebody had been murdered!"

"Who--and by whom?"

Crazy Laura munched at her toothless gums for a moment and looked again

toward her husband. Then, her watery, almost colorless eyes searching,

she began a survey of the big room, looking intently from one figure to

another. On and on--finally to reach the spot where stood Robert

Fairchild and Harry, and there they stopped. A lean finger, knotted by

rheumatism, darkened by sun and wind, stretched out.

"Yes, I know who did it, and I know who got killed. It was 'Sissie'

Larsen--he was murdered. The man who did it was a fellow named

Thornton Fairchild who owned the mine--if I ain't mistaken, he was the

father of this young man--"

"I object!" Farrell, the attorney, was on his feet and struggling

forward, jamming his horn-rimmed glasses into a pocket as he did so.

"This has ceased to be an inquest; it has resolved itself into some

sort of an inquisition!"

"I fail to see why." The coroner had stepped down and was facing him.

"Why? Why--you 're inquiring into a death that happened more than

twenty years ago--and you 're basing that inquiry upon the word of a

woman who is not legally able to give testimony in any kind of a court

or on any kind of a case! It's not judicial, it's not within the

confines of a legitimate, honorable practice, and it certainly is not

just to stain the name of any man with the crime of murder upon the

word of an insane person, especially when that man is dead and unable

to defend himself!"

"Are n't you presuming?"

"I certainly am not. Have you any further evidence upon the lines that

she is going to give?"

"Not directly."

"Then I demand that all the testimony which this woman has given be

stricken out and the jury instructed to disregard it."

The official smiled.

"I think otherwise. Besides, this is merely a coroner's inquest and

not a court action. The jury is entitled to all the evidence that has

any bearing on the case."

"But this woman is crazy!"

"Has she ever been adjudged so, or committed to any asylum for the

insane?"

"No--but nevertheless, there are a hundred persons in this court room

who will testify to the fact that she is mentally unbalanced and not a

fit person to fasten a crime upon any man's head by her testimony. And

referring even to yourself, Coroner, have you within the last

twenty-five years, in fact, since a short time after the birth of her

son, called her anything else but Crazy Laura? Has any one else in

this town called her any other name? Man, I appeal to your--"

"What you say may be true. It may not. I don't know. I only am sure

of one thing--that a person is sane in the eyes of the law until

adjudged otherwise. Therefore, her evidence at this time is perfectly

legal and proper."

"It won't be as soon as I can bring an action before a lunacy court and

cause her examination by a board of alienists."

"That's something for the future. In that case, things might be

different. But I can only follow the law, with the members of the jury

instructed, of course, to accept the evidence for what they deem it is

worth. You will proceed, Mrs. Rodaine. What did you see that caused

you to come to this conclusion?"

"Can't you even stick to the rules and ethics of testimony?" It was

the final plea of the defeated Farrell. The coroner eyed him slowly.

"Mr. Farrell," came his answer, "I must confess to a deviation from

regular court procedure in this inquiry. It is customary in an inquest

of this character; certain departures from the usual rules must be made

that the truth and the whole truth be learned. Proceed, Mrs. Rodaine,

what was it you saw?"

Transfixed, horrified, Fairchild watched the mumbling, munching mouth,

the staring eyes and straying white hair, the bony, crooked hands as

they weaved before her. From those toothless jaws a story was about to

come, true or untrue, a story that would stain the name of his father

with murder! And that story now was at its beginning.

"I saw them together that afternoon early," the old woman was saying.

"I came up the road just behind them, and they were fussing. Both of

'em acted like they were mad at each other, but Fairchild seemed to be

the maddest.

"I did n't pay much attention to them because I just thought they were

fighting about some little thing and that it wouldn't amount to much.

I went on up the gulch--I was gathering flowers. After awhile, the

earth shook and I heard a big explosion, from way down underneath

me--like thunder when it's far away. Then, pretty soon, I saw

Fairchild come rushing out of the mine, and his hands were all bloody.

He ran to the creek and washed them, looking around to see if anybody

was watching him--but he did n't notice me. Then when he 'd washed the

blood from his hands, he got up on the road and went down into town.

Later on, I thought I saw all three of 'em leave town, Fairchild,

Sissie and a fellow named Harkins. So I never paid any more attention

to it until to-day. That's all I know."

She stepped down then and went back to her seat with Squint Rodaine and

the son, fidgeting there again, craning her neck as before, while

Fairchild, son of a man just accused of murder, watched her with eyes

fascinated from horror. The coroner looked at a slip of paper in his

hand.

"William Barton," he called. A miner came forward, to go through the

usual formalities, and then to be asked the question:

"Did you see Thornton Fairchild on the night he left Ohadi?"

"Yes, a lot of us saw him. He drove out of town with Harry Harkins,

and a fellow who we all thought was Sissie Larsen. The person we

believed to be Sissie was singing like the Swede did when he was drunk."

"That's all. Mr. Harkins, will you please take the stand again?"

"I object!" again it was Farrell. "In the first place, if this crazy

woman's story is the result of a distorted imagination, then Mr.

Harkins can add nothing to it. If it is not, Mr. Harkins is cloaked by

the protection of the law which fully applies to such cases and which,

Mr. Coroner, you cannot deny."

The coroner nodded.

"I agree with you this time, Mr. Farrell. I wish to work no hardship

on any one. If Mrs. Rodaine's story is true, this is a matter for a

special session of the grand jury. If it is not true--well, then there

has been a miscarriage of justice and it is a matter to be rectified in

the future. But at the present, there is no way of determining that

matter. Gentlemen of the jury," he turned his back on the crowded room

and faced the small, worried appearing group on the row of kitchen

chairs, "you have heard the evidence. You will find a room at the

right in which to conduct your deliberations. Your first official act

will be to select a foreman and then to attempt to determine from the

evidence as submitted the cause of death of the corpse over whom this

inquest has been held. You will now retire."

Shuffling forms faded through the door at the right. Then followed

long moments of waiting, in which Robert Fairchild's eyes went to the

floor, in which he strove to avoid the gaze of every one in the crowded

court room. He knew what they were thinking, that his father had been

a murderer, and that he--well, that he was blood of his father's blood.

He could hear the buzzing of tongues, the shifting of the court room on

the unstable chairs, and he knew fingers were pointing at him. For

once in his life he had not the strength to face his fellow men. A

quarter of an hour--a knock on the door--then the six men clattered

forth again, to hand a piece of paper to the coroner. And he,

adjusting his glasses, turned to the court room and read:

"We, the jury, find that the deceased came to his death from injuries

sustained at the hands of Thornton Fairchild, in or about the month of

June, 1892."

That was all, but it was enough. The stain had been placed; the thing

which the white-haired man who had sat by a window back in Indianapolis

had feared all his life had come after death. And it was as though he

were living again in the body of his son, his son who now stood beside

the big form of Harry, striving to force his eyes upward and finally

succeeding,--standing there facing the morbid, staring crowd as they

turned and jostled that they might look at him, the son of a murderer!

How long it lasted he did not, could not know. The moments were dazed,

bleared things which consisted to him only of a succession of eyes, of

persons who pointed him out, who seemed to edge away from him as they

passed him. It seemed hours before the court room cleared. Then, the

attorney at one side, Harry at the other, he started out of the court

room.

The crowd still was on the street, milling, circling, dividing into

little groups to discuss the verdict. Through them shot scrambling

forms of newsboys, seeking, in imitation of metropolitan methods, to

enhance the circulation of the _Bugle_ with an edition of a paper

already hours old. Dazedly, simply for the sake of something to take

his mind from the throngs and the gossip about him, Fairchild bought a

paper and stepped to the light to glance over the first page. There,

emblazoned under the "Extra" heading, was the story of the finding of

the skeleton in the Blue Poppy mine, while beside it was something

which caused Robert Fairchild to almost forget, for the moment, the

horrors of the ordeal which he was undergoing. It was a paragraph

leading the "personal" column of the small, amateurish sheet,

announcing the engagement of Miss Anita Natalie Richmond to Mr. Maurice

Rodaine, the wedding to come "probably in the late fall!"

The Cross-Cut · 第 14 / 25 章