CHAPTER III.

GABRIEL MEETS HIS LAWYER.

Gabriel's petition on behalf of Mr. Hamlin was promptly granted by the

sheriff. The waggon was at once put into requisition to convey the

wounded man--albeit screaming and protesting--to the Grand Conroy Hotel,

where, in company with his faithful henchman, he was left, to all

intents a free man, and a half an hour later a demented one, tossing in

a burning fever.

Owing to the insecure condition of the county jail at One Horse Gulch,

and possibly some belief in the equal untrustworthiness of the people,

the sheriff conducted his prisoner, accompanied by Olly, to Wingdam.

Nevertheless, Olly's statement of the changed condition of public

sentiment, or rather its pre-occupation with a calamity of more

absorbing interest, was in the main correct. The news of the recapture

of Gabriel by his legal guardian awoke no excitement nor comment. More

than this, there was a favourable feeling toward the prisoner. The

action of the Vigilance Committee had been unsuccessful, and had

terminated disastrously to the principal movers therein. It is possible

that the morality of their action was involved in their success. Somehow

the whole affair had not resulted to the business interests of the

Gulch. The three most prominent lynchers were dead--and clearly in

error! The prisoner, who was still living, was possibly in the right.

The _Silverpolis Messenger_, which ten days before had alluded to the

"noble spectacle of a free people outraged in their holiest instincts,

appealing to the first principles of Justice and Order, and rallying as

a single man to their support," now quietly buried the victims and their

motives from the public eye beneath the calm statement that they met

their fate "while examining the roof of the Court House with a view to

estimate the damage caused by the first shock of the earthquake." The

_Banner_ favoured the same idea a little less elegantly, and suggested

ironically that hereafter "none but experts should be allowed to go

foolin' round the statue of Justice." I trust that the intelligent

reader will not accuse me of endeavouring to cast ridicule upon the

general accuracy of spontaneous public emotion, nor the infallibility of

the true democratic impulse, which (I beg to quote from the

_Messenger_), "in the earliest ages of our history enabled us to resist

legalised aggression, and take the reins of government into our own

hands," or (I now refer to the glowing language of the _Banner_), "gave

us the right to run the machine ourselves and boss the job." And I trust

that the reader will observe in this passing recognition of certain

inconsistencies in the expression and action of these people, only the

fidelity of a faithful chronicler, and no intent of churlish criticism

nor moral or political admonition, which I here discreetly deprecate and

disclaim.

Nor was there any opposition when Gabriel, upon the motion of Lawyer

Maxwell, was admitted to bail pending the action of the Grand Jury, nor

any surprise when Mr. Dumphy's agent and banker came forward as his

bondsman for the sum of fifty thousand dollars. By one of those strange

vicissitudes in the fortunes of mining speculation, this act by Mr.

Dumphy was looked upon as an evidence of his trust in the future of the

unfortunate mine of which Gabriel had been original locator and

superintendent, and under that belief the stock rallied slightly. "It

was a mighty sharp move of Pete Dumphy's bailin' thet Gabe, right in

face of that there 'dropped lead' in his busted-up mine! Oh, you've got

to set up all night to get any points to show _him_!" And, to their

mutual surprise, Mr. Dumphy found himself more awe-inspiring than ever

at One Horse Gulch, and Gabriel found himself a free man, with a slight

popular flavour of martyrdom about him.

As he still persistently refused to enter again upon the premises which

he had deeded to his wife on the day of the murder, temporary lodgings

were found for him and Olly at the Grand Conroy Hotel. And here Mrs.

Markle, although exhibiting to Lawyer Maxwell the greatest concern in

Gabriel's trouble, by one of those inconsistencies of the sex which I

shall not attempt to explain, treated the unfortunate accused with a

degree of cold reserve that was as grateful, I fear, to Gabriel, as it

was unexpected. Indeed, I imagine that if the kind-hearted widow had

known the real comfort and assurance that the exasperating Gabriel

extracted from her first cold and constrained greeting, she would have

spent less of her time in consultation with Maxwell regarding his

defence. But perhaps I am doing a large-hearted and unselfish sex a deep

injustice. So I shall content myself with transcribing part of a

dialogue which took pace between them at the Grand Conroy.

Mrs. Markle (loftily, and regarding the ceiling with cold abstraction):

"We can't gin ye here, Mister Conroy, the French style and attention

ye're kinder habitooal to in your own house on the Hill, bein' plain

folks and mounting ways. But we know our place, and don't reckon to

promise the comforts of a home! Wot with lookin' arter forty reg'lar and

twenty-five transient--ef I don't happen to see ye much myself, Mr.

Conroy, ye'll understand. Ef ye ring thet there bell one o' the help

will be always on hand. Yer lookin' well, Mr. Conroy. And bizness, I

reckon" (the reader will here observe a ladylike ignoring of Gabriel's

special trouble), "ez about what it allers waz, though judging from

remarks of transients, it's dull!"

Gabriel (endeavouring to conceal a large satisfaction under the thin

glowing of conventional sentiment): "Don't let me nor Olly put ye out a

cent, Mrs. Markle--a change bein' ordered by Olly's physicians--and

variety bein', so to speak, the spice o' life! And ye're lookin' well,

Mrs. Markle; that ez" (with a sudden alarm at the danger of compliment),

"so to speak, ez peart and strong-handed ez ever! And how's thet little

Manty o' yours gettin' on? Jist how it was thet me and Olly didn't get

to see ye before ez mighty queer! Times and times ag'in" (with shameless

mendacity) "hez me and thet child bin on the p'int o' coming, and

suthin' hez jest chipped in and interfered!"

Mrs. Markle (with freezing politeness): "You do me proud! I jest dropped

in ez a matter o' not bein' able allers to trust to help. Good night,

Mister Conroy. I hope I see you well! Ye kin jest" (retiring with

matronly dignity), "ye kin jest touch onto that bell thar, if ye're

wantin' anything, and help'll come to ye! Good-night!"

Olly (appearing a moment later at the door of Gabriel's room, truculent

and suspicious): "Afore I'd stand thar--chirpin' with thet

crockidill--and you in troubil, and not knowin' wot's gone o' July--I'd

pizen myself!"

Gabriel (blushing to the roots of his hair, and conscience-stricken to

his inmost soul): "It's jest passin' the time o' day, Olly, with old

friends--kinder influencin' the public sentyment and the jury. Thet's

all. It's the advice o' Lawyer Maxwell, ez ye didn't get to hear, I

reckon,--thet's all!"

But Gabriel's experience in the Grand Conroy Hotel was not, I fear,

always as pleasant. A dark-faced, large-featured woman, manifestly in

mourning, and as manifestly an avenging friend of the luckless deceased,

in whose taking off Gabriel was supposed to be so largely instrumental,

presently appeared at the Grand Conroy Hotel, waiting the action of the

Grand Jury. She was accompanied by a dark-faced elderly gentleman, our

old friend Don Pedro--she being none other than the unstable-waisted

Manuela of Pacific Street--and was, I believe, in the opinion of One

Horse Gulch, supposed to be charged with convincing and mysterious

evidence against Gabriel Conroy. The sallow-faced pair had a way of

meeting in the corridors of the hotel and conversing in mysterious

whispers in a tongue foreign to One Horse Gulch and to Olly, strongly

suggestive of revenge and concealed _stilettos_, that was darkly

significant! Happily, however, for Gabriel, he was presently relieved

from their gloomy espionage by the interposition of a third party--Sal

Clark. That individual, herself in the deepest mourning, and

representing the deceased in his holiest affections, it is scarcely

necessary to say at once resented the presence of the strangers. The two

women glared at each other at the public table, and in a chance meeting

in the corridor of the hotel.

"In the name of God, what have we here in this imbecile and forward

creature, and why is this so and after this fashion?" asked Manuela of

Don Pedro.

"Of a verity, I know not," replied Don Pedro, "it is most possibly a

person visited of God!--a helpless being of brains. Peradventure, a

person filled with _aguardiente_ or the whisky of the Americans. Have a

care, little one, thou smallest Manuela" (she weighed at least three

hundred pounds), "that she does thee no harm!"

Meanwhile Miss Sarah Clark relieved herself to Mrs. Markle in quite as

positive language. "Ef that black mulattar and that dried-up old

furriner reckons they're going to monopolise public sentyment in this

yer way they're mighty mistaken. Ef thar ever was a shameless piece et's

thet old woman--and, goodness knows, the man's a poor critter enyway! Ef

anybody's goin' to take the word of that woman under oath, et's mor'n

Sal Clark would do--that's all! Who ez she--enyway? I never heard her

name mentioned afore!"

And ridiculous as it may seem to the unprejudiced reader, this positive

expression and conviction of Miss Clark, like all positive convictions,

was not without its influence on the larger unimpanelled Grand Jury of

One Horse Gulch, and, by reflection, at last on the impanelled jury

itself.

"When you come to consider, gentlemen," said one of those dangerous

characters--a sagacious, far-seeing juror--"when you come to consider

that the principal witness o' the prosecution and the people at the

inquest don't know this yer Greaser woman, and kinder throws off her

testimony, and the prosecution don't seem to agree, it looks mighty

queer. And I put it to you as far-minded men, if it ain't mighty queer?

And this yer Sal Clark one of our own people."

An impression at once inimical to the new mistress and stranger, and

favourable to the accused Gabriel, instantly took possession of One

Horse Gulch.

Meanwhile the man who was largely responsible for this excitement and

these conflicting opinions maintained a gravity and silence as

indomitable and impassive as his alleged victim, then slumbering

peacefully in the little cemetery on Round Hill. He conversed but little

even with his counsel and friend, Lawyer Maxwell, and received with his

usual submissiveness and gentle deprecatoriness the statement of that

gentleman that Mr. Dumphy had already bespoken the services of one of

the most prominent lawyers of San Francisco--Mr. Arthur Poinsett--to

assist in the defence. When Maxwell added that Mr. Poinsett had

expressed a wish to hold his first consultation with Gabriel privately,

the latter replied with his usual simplicity, "I reckon I've nowt to say

to him ez I hain't said to ye, but it's all right!"

"Then I'll expect you over to my office at eleven to-morrow?" asked

Maxwell.

"Thet's so," responded Gabriel, "though I reckon thet anything you and

him might fix up to be dumped onto thet jury would be pleasin' and

satisfactory to me."

At a few minutes of eleven the next morning Mr. Maxwell, in accordance

with a previous understanding with Mr. Poinsett, put on his hat and left

his office in the charge of that gentleman that he might receive and

entertain Gabriel in complete privacy and confidence. As Arthur sat

there alone, fine gentleman as he was and famous in his profession, he

was conscious of a certain degree of nervousness that galled his pride

greatly. He was about to meet the man whose cherished sister six years

ago he had stolen! Such, at least, Arthur felt was Gabriel's opinion.

_He_ had no remorse nor consciousness of guilt or wrongdoing in that

act. But in looking at the fact in his professional habit of viewing

both sides of a question, he made this allowance for the sentiment of

the prosecution, and putting himself, in his old fashion, in the

position of his opponent, he judged that Gabriel might consistently

exhibit some degree of indignation at their first meeting. That there

was, however, really any _moral_ question involved, he did not believe.

The girl, Grace Conroy, had gone with him readily, after a careful and

honourable statement of the facts of her situation, and Gabriel's

authority or concern in any subsequent sentimental complication he

utterly denied. That he, Arthur, had acted in a most honourable,

high-minded, and even weakly generous fashion towards Grace, that he had

obeyed her frivolous whims as well as her most reasonable demands, that

he had gone back to Starvation Camp on a hopeless quest just to satisfy

her, that everything had happened exactly as he had predicted, and that

when he had returned to her he found that _she_ had deserted

_him_--these--these were the facts that were incontrovertible! Arthur

was satisfied that he had been honourable and even generous--he was

quite convinced that this very nervousness that he now experienced, was

solely the condition of a mind too sympathetic even with the feelings of

an opponent in affliction. "I must _not_ give way to this absurd

Quixotic sense of honour," said this young gentleman to himself,

severely.

Nevertheless, at exactly eleven o'clock, when the staircase creaked with

the strong steady tread of the giant Gabriel, Arthur felt a sudden start

to his pulse. There was a hesitating rap at the door--a rap that was so

absurdly inconsistent with the previous tread on the staircase--as

inconsistent as were all the mental and physical acts of Gabriel--that

Arthur was amused and reassured. "Come in," he said, with a return of

his old confidence, and the door opened to Gabriel, diffident and

embarrassed.

"I was told by Lawyer Maxwell," said Gabriel slowly, without raising his

eyes, and only dimly cognisant of the slight, strong, elegant figure

before him--"I was told that Mr. Arthur Poinsett reckoned to see me

to-day at eleven o'clock--so I came. Be you Mr. Poinsett?" (Gabriel here

raised his eyes)--"be you, eh?--GOD A'MIGHTY! why, it's--eh?--why--I

want to know!--it can't be!--yes, it is!" He stopped--the recognition

was complete!

Arthur did not move. If he had expected an outburst from the injured man

before him he was disappointed. Gabriel passed his hard palm vaguely and

confusedly across his forehead and through his hair, and lifted and put

back behind his ears two tangled locks. And then, without heeding

Arthur's proffered hand, yet without precipitation, anger, or

indignation, he strode toward him, and asked calmly and quietly, as

Arthur himself might have done, "Where is Grace?"

"I don't know," said Arthur, bluntly. "I have not known for years. I

have never known her whereabouts, living or dead, since the day I left

her at a logger's house to return to Starvation Camp to bring help to

_you_." (Arthur could not resist italicising the pronoun, nor despising

himself for doing it when he saw that the full significance of his

emphasis touched the man before him.) "She was gone when I returned;

where, no one knew! I traced her to the Presidio, but there she had

disappeared."

Gabriel raised his eyes to Arthur's. The impression of nonchalant

truthfulness which Arthur's speech always conveyed to his hearer, an

impression that he did not prevaricate because he was not concerned

sufficiently in his subject, was further sustained by his calm, clear

eyes. But Gabriel did not speak, and Arthur went on--

"She left the logger's camp voluntarily, of her own free will, and

doubtless for some reason that seemed sufficient to her. She abandoned

me--if I may so express myself--left my care, relieved me of the

responsibility I held towards her relatives"--he continued, with the

first suggestion of personal apology in his tones--"without a word of

previous intimation. Possibly she might have got tired of waiting for

me. I was absent two weeks. It was the tenth day after my departure that

she left the logger's hut."

Gabriel put his hand in his pocket and deliberately drew out the

precious newspaper slip he had once shown to Olly. "Then thet thar

'Personal' wozent writ by you, and thet P. A. don't stand for Philip

Ashley?" asked Gabriel, with a hopeless dejection in his tone.

Arthur glanced quickly over the paper, and smiled. "I never saw this

before," he said. "What made you think _I_ did it?" he asked curiously.

"Because July--my wife that was--said that P. A. meant you," said

Gabriel, simply.

"Oh! _she_ said so, did she?" said Arthur, still smiling.

"She did. And ef it wasn't you, who was it?"

"I really don't know," returned Arthur, carelessly; "possibly it might

have been herself. From what I have heard of your wife, I think this

might be one, and perhaps the most innocent, of her various impostures."

Gabriel cast down his eyes and for a moment was gravely silent. Then the

look of stronger inquiry and intelligence that he had worn during the

interview faded utterly from his face, and he began again in his old

tone of apology. "For answerin' all my questions, I'm obliged to ye, Mr.

Ashley, and it's right good in ye to remember ol' times, and ef I hev

often thought hard on ye, ye'll kinder pass that by ez the nat'rel

allowin's of a man ez was worried about a sister ez hasn't been heerd

from sens she left with ye. And ye mustn't think this yer meetin' was o'

my seekin'. I kinder dropped in yer," he added wearily, "to see a man o'

the name o' Poinsett. He allowed to be yer at eleving o'clock--mebbee

it's airly yet--mebbee I've kinder got wrong o' the place!" and he

glanced apologetically around the room.

"_My_ name is Poinsett," said Arthur, smiling, "the name of Philip

Ashley, by which you knew me, was merely the one I assumed when I

undertook the long overland trip." He said this in no tone of apology or

even explanation, but left the impression on Gabriel's mind that a

change of name, like a change of dress, was part of the outfit of a

gentleman emigrant. And looking at the elegant young figure before him,

it seemed exceedingly plausible. "It was as Arthur Poinsett, the San

Francisco lawyer, that I made this appointment with you, and it is now

as your old friend Philip Ashley that I invite your confidence, and ask

you to tell me frankly the whole of this miserable business. I have come

to help you, Gabriel, for your own--for your sister's sake. And I think

I can do it!" He held out his hand again, and this time not in vain;

with a sudden frank gesture it was taken in both of Gabriel's, and

Arthur felt that the greatest difficulty he had anticipated in his

advocacy of Gabriel's cause had been surmounted.

"He has told me the whole story, I think," said Arthur, two hours later,

when Maxwell returned and found his associate thoughtfully sitting

beside the window alone. "And I believe it. He is as innocent of this

crime as you or I. Of that I have always been confident. How far he is

accessory _after_ the fact--I know he is not accessory _before_--is

another question. But his story, that to me is perfectly convincing, I

am afraid won't do before a jury and the world generally. It involves

too much that is incredible, and damning to him secondarily if believed.

We must try something else. As far as I can see, really, it seems that

his own suggestion of a defence, as you told it to me, has more

significance in it than the absurdity you only saw. We must admit the

killing, and confine ourselves to showing excessive provocation. I know

something of the public sentiment here, and the sympathies of the

average jury, and if Gabriel should tell them the story he has just told

me, they would hang him at once! Unfortunately for him, the facts show a

complication of property interests and impostures on the part of his

wife, of which he is perfectly innocent, and which are not really the

motive of the murder, but which the jury would instantly accept as a

sufficient motive. We must fight, understand, this very story from the

outset; you will find it to be the theory of the prosecution; but if we

can keep him silent it cannot be proved except by him. The facts are

such that if he had really committed the murder he could have defied

prosecution, but through his very stupidity and blind anxiety to shield

his wife, he has absolutely fixed the guilt upon himself."

"Then you don't think that Mrs. Conroy is the culprit?" asked Maxwell.

"No," said Arthur; "she is capable, but not culpable. The real murderer

has never been suspected nor his presence known to One Horse Gulch. But

I must see him again, and Olly, and you must hunt up a Chinaman--one Ah

Fe--whom Gabriel tells me brought him the note, and who is singularly

enough missing, now that he is wanted."

"But you can't use a Chinaman's evidence before a jury?" interrupted

Maxwell.

"Not directly; but I can find Christian Caucasians who would be willing

to swear to the facts he supplied them with. I shall get at the facts in

a few days--and then, my dear fellow," continued Arthur, laying his hand

familiarly and patronisingly on the shoulder of his senior, "and then

you and I will go to work to see how we can get rid of them."

When Gabriel recounted the events of the day to Olly, and described his

interview with Poinsett, she became furiously indignant. "And did that

man mean to say he don't know whether Gracey is livin' or dead? And he

pertendin' to hev bin her bo?"

"In coorse," explained Gabriel; "ye disremember, Olly, that Gracey never

hez let on to _me_, her own brother, whar she ez, and she wouldn't be

going to tell a stranger. Thar's them personals as she never answered!"

"Mebbe she didn't want to speak to him ag'in," said Olly, fiercely,

with a toss of her curls. "I'd like to know what he'd bin' sayin' to

her--like his impudence. Enny how he ought to hev found her out, and she

his sweetheart! Why didn't he go right off to the Presidio? What did he

come back for? Not find her, indeed! Why, Gabe, do you suppose as July

won't find _you_ out soon--why, I bet anythin' she knows jest whar you

are" (Gabriel trembled and felt an inward sinking), "and is on'y waitin'

to come forward to the trial. And yer you are taken in ag'in and fooled

by these yer lawyers!--you old Gabe, you. Let me git at thet

Philip--Ashley Poinsett--thet's all!"

Gabriel Conroy · 第 3 / 12 章