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Chapter 23

Mr. Orcutt.

What is it she does now?

Macbeth.

My resolution’s plac’d, and I have nothing

Of woman in me. Now, from head to foot

I am marble — constant.

Antony and Cleopatra.

THESE words rang in the ears of Mr. Ferris. For he felt himself disturbed by them. Hickory did not believe Mr. Mansell innocent.

At last he sent for that detective.

“Hickory,” he asked, “why do you think Mansell, rather than Hildreth, committed this crime?”

Now this query, on the part of the District Attorney, put Hickory into a quandary. He wished to keep his promise to Horace Byrd, and yet he greatly desired to answer his employer’s question truthfully. Without any special sympathies of his own, he yet had an undeniable leaning toward justice, and justice certainly demanded the indictment of Mansell. He ended by compromising matters.

“Mr. Ferris,” said he, “when you went to see Miss Dare the other day, what did you think of her state of mind?”

“That it was a very unhappy one.”

“Didn’t you think more than that, sir? Didn’t you think she believed Mr. Mansell guilty of this crime?”

“Yes,” admitted the other, with reluctance.

“If Miss Dare is attached to Mr. Mansell, she must feel certain of his guilt to offer testimony against him. Her belief should go for something, sir; for much, it strikes me, when you consider what a woman she is.”

This conversation increased Mr. Ferris’ uneasiness. Much as he wished to spare the feelings of Miss Dare, and, through her, those of his friend, Mr. Orcutt, the conviction of Mansell’s criminality was slowly gaining ground in his mind. He remembered the peculiar manner of the latter during the interview they had held together; his quiet acceptance of the position of a suspected man, and his marked reticence in regard to the ring. Though the delicate nature of the interests involved might be sufficient to explain his behavior in the latter regard, his whole conduct could not be said to be that of a disinterested man, even if it were not necessarily that of a guilty one. In whatever way Mr. Ferris looked at it, he could come to but one conclusion, and that was, that justice to Hildreth called for such official attention to the evidence which had been collected against Mansell as should secure the indictment of that man against whom could be brought the more convincing proof of guilt.

Not that Mr. Ferris meant, or in anywise considered it good policy, to have Mansell arrested at this time. As the friend of Mr. Orcutt, it was manifestly advisable for him to present whatever evidence he possessed against Mansell directly to the Grand Jury. For in this way he would not only save the lawyer from the pain and humiliation of seeing the woman he so much loved called up as a witness against the man who had successfully rivalled him in her affections, but would run the chance, at least, of eventually preserving from open knowledge, the various details, if not the actual facts, which had led to this person being suspected of crime. For the Grand Jury is a body whose business it is to make secret inquisition into criminal offences. Its members are bound by oath to the privacy of their deliberations. If, therefore, they should find the proofs presented to them by the District Attorney insufficient to authorize an indictment against Mansell, nothing of their proceedings would transpire. While, on the contrary, if they decided that the evidence was such as to oblige them to indict Mansell instead of Hildreth, neither Mr. Orcutt nor Miss Dare could hold the District Attorney accountable for the exposures that must follow.

The course, therefore, of Mr. Ferris was determined upon. All the evidence in his possession against both parties, together with the verdict of the coroner’s jury, should go at once before the Grand Jury; Mansell, in the meantime, being so watched that a bench-warrant issuing upon the indictment would have him safely in custody at any moment.

But this plan for saving Mr. Orcutt’s feelings did not succeed as fully as Mr. Ferris hoped. By some means or other the rumor got abroad that another man than Hildreth had fallen under the suspicion of the authorities, and one day Mr. Ferris found himself stopped on the street by the very person he had for a week been endeavoring to avoid.

“Mr. Orcutt!” he cried, “how do you do? I did not recognize you at first.”

“No?” was the sharp rejoinder. “I’m not myself nowadays. I have a bad cold.” With which impatient explanation he seized Mr. Ferris by the arm and said: “But what is this I hear? You have your eye on another party suspected of being Mrs. Clemmens’ murderer?”

The District Attorney bowed uneasily. He had hoped to escape the discussion of this subject with Mr. Orcutt.

The lawyer observed the embarrassment his question had caused, and instantly turned pale, notwithstanding the hardihood which a long career at the bar had given him.

“Ferris,” he pursued, in a voice he strove hard to keep steady, “we have always been good friends, in spite of the many tilts we have had together before the court. Will you be kind enough to inform me if your suspicions are founded upon evidence collected by yourself, or at the instigation of parties professing to know more about this murder than they have hitherto revealed?”

Mr. Ferris could not fail to understand the true nature of this question, and out of pure friendship answered quietly:

“I have allowed myself to look with suspicion upon this Mansell — for it is Mrs. Clemmens’ nephew who is at present occupying our attention — because the facts which have come to light in his regard are as criminating in their nature as those which have transpired in reference to Mr. Hildreth. The examination into this matter, which my duty requires, has been any thing but pleasant to me, Mr. Orcutt. The evidence of such witnesses as will have to be summoned before the Grand Jury, is of a character to bring open humiliation, if not secret grief, upon persons for whom I entertain the highest esteem.”

The pointed way in which this was said convinced Mr. Orcutt that his worst fears had been realized. Turning partly away, but not losing his hold upon the other’s arm, he observed with what quietness he could:

“You say that so strangely, I feel forced to put another question to you. If what I have to ask strikes you with any surprise, remember that my own astonishment and perplexity at being constrained to interrogate you in this way, are greater than any sensation you can yourself experience. What I desire to know is this. Among the witnesses you have collected against this last suspected party, there are some women, are there not?”

The District Attorney gravely bowed.

“Ferris, is Miss Dare amongst them?”

“Orcutt, she is.”

With a look that expressed his secret mistrust the lawyer gave way to a sudden burst of feeling.

“Ferris,” he wrathfully acknowledged, “I may be a fool, but I don’t see what she can have to say on this subject. It is impossible she should know any thing about the murder; and, as for this Mansell ——” He made a violent gesture with his hand, as if the very idea of her having any acquaintance with the nephew of Mrs. Clemmens were simply preposterous.

The District Attorney, who saw from this how utterly ignorant the other was concerning Miss Dare’s relations to the person named, felt his embarrassment increase.

“Mr. Orcutt,” he replied, “strange as it may appear to you, Miss Dare has testimony to give of value to the prosecution, or she would not be reckoned among its witnesses. What that testimony is, I must leave to her discretion to make known to you, as she doubtless will, if you question her with sufficient consideration. I never forestall matters myself, nor would you wish me to tell you what would more becomingly come from her own lips. But, Mr. Orcutt, this I can say: that if it had been given me to choose between the two alternatives of resigning my office and of pursuing an inquiry which obliges me to submit to the unpleasantness of a judicial investigation a person held in so much regard by yourself, I would have given up my office with pleasure, so keenly do I feel the embarrassment of my position and the unhappiness of yours. But any mere resignation on my part would have availed nothing to save Miss Dare from appearing before the Grand Jury. The evidence she has to give in this matter makes the case against Mansell as strong as that against Hildreth, and it would be the duty of any public prosecutor to recognize the fact and act accordingly.”

Mr. Orcutt, who had by the greatest effort succeeded in calming himself through this harangue, flashed sarcastically at this last remark, and surveyed Mr. Ferris with a peculiar look.

“Are you sure,” he inquired in a slow, ironical tone, “that she has not succeeded in making it stronger?”

The look, the tone, were unexpected, and greatly startled Mr. Ferris. Drawing nearer to his friend, he returned his gaze with marked earnestness.

“What do you mean?” he asked, with secret anxiety.

But the wary lawyer had already repented this unwise betrayal of his own doubts. Meeting his companion’s eye with a calmness that amazed himself, he remarked, instead of answering:

“It was through Miss Dare, then, that your attention was first drawn to Mrs. Clemmens’ nephew?”

“No,” disclaimed Mr. Ferris, hastily. “The detectives already had their eyes upon him. But a hint from her went far toward determining me upon pursuing the matter,” he allowed, seeing that his friend was determined upon hearing the truth.

“So then,” observed the other, with a stern dryness that recalled his manner at the bar, “she opened a communication with you herself?”

“Yes.”

It was enough. Mr. Orcutt dropped the arm of Mr. Ferris, and, with his usual hasty bow, turned shortly away. The revelation which he believed himself to have received in this otherwise far from satisfactory interview, was one that he could not afford to share — that is, not yet; not while any hope remained that circumstances would so arrange themselves as to make it unnecessary for him to do so. If Imogene Dare, out of her insane desire to free Gouverneur Hildreth from the suspicion that oppressed him, had resorted to perjury and invented evidence tending to show the guilt of another party — and remembering her admissions at their last interview and the language she had used in her letter of farewell, no other conclusion offered itself — what alternative was left him but to wait till he had seen her before he proceeded to an interference that would separate her from himself by a gulf still greater than that which already existed between them? To be sure, the jealousy which consumed him, the passionate rage that seized his whole being when he thought of all she dared do for the man she loved, or that he thought she loved, counselled him to nip this attempt of hers in the bud, and by means of a word to Mr. Ferris throw such a doubt upon her veracity as a witness against this new party as should greatly influence the action of the former in the critical business he had in hand. But Mr. Orcutt, while a prey to unwonted passions, had not yet lost control of his reason, and reason told him that impulse was an unsafe guide for him to follow at this time. Thought alone — deep and concentrated thought — would help him out of this crisis with honor and safety. But thought would not come at call. In all his quick walk home but one mad sentence formulated itself in his brain, and that was: “She loves him so, she is willing to perjure herself for his sake!” Nor, though he entered his door with his usual bustling air and went through all the customary observances of the hour with an appearance of no greater abstraction and gloom than had characterized him ever since the departure of Miss Dare, no other idea obtruded itself upon his mind than this: “She loves him so, she is willing to perjure herself for his sake!”

Even the sight of his books, his papers, and all that various paraphernalia of work and study which gives character to a lawyer’s library, was insufficient to restore his mind to its usual condition of calm thought and accurate judgment. Not till the clock struck eight and he found himself almost without his own volition at Professor Darling’s house, did he realize all the difficulties of his position and the almost intolerable nature of the undertaking which had been forced upon him by the exigencies of the situation.

Miss Dare, who had refused to see him at first, came into his presence with an expression that showed him with what reluctance she had finally responded to his peremptory message. But in the few heavy moments he had been obliged to wait, he had schooled himself to expect coldness if not absolute rebuff. He therefore took no heed of the haughty air of inquiry which she turned upon him, but came at once to the point, saying almost before she had closed the door:

“What is this you have been doing, Imogene?”

A flush, such as glints across the face of a marble statue, visited for a moment the still whiteness of her set features, then she replied:

“Mr. Orcutt, when I left your house I told you I had a wretched and unhappy duty to perform, that, when once accomplished, would separate us forever. I have done it, and the separation has come; why attempt to bridge it?”

There was a sad weariness in her tone, a sad weariness in her face, but he seemed to recognize neither. The demon jealousy — that hindrance to all unselfish feeling — had gripped him again, and the words that came to his lips were at once bitter and masterful.

“Imogene,” he cried, with as much wrath in his tone as he had ever betrayed in her presence, “you do not answer my question. I ask you what you have been doing, and you reply, your duty. Now, what do you mean by duty? Tell me at once and distinctly, for I will no longer be put off by any roundabout phrases concerning a matter of such vital importance.”

“Tell you?” This repetition of his words had a world of secret anguish in it which he could not help but notice. She did not succumb to it, however, but continued in another moment: “You said to me, in the last conversation we held together, that Gouverneur Hildreth could not be released from his terrible position without a distinct proof of innocence or the advancement of such evidence against another as should turn suspicion aside from him into a new and more justifiable quarter. I could not, any more than he, give a distinct proof of his innocence; but I could furnish the authorities with testimony calculated to arouse suspicion in a fresh direction, and I did it. For Gouverneur Hildreth had to be saved at any price —at any price.”

The despairing emphasis she laid upon the last phrase went like hot steel to Mr. Orcutt’s heart, and made his eyes blaze with almost uncontrollable passion.

“Je ne vois pa............

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