Chapter 13

THE RESULT OF THE EXAMINATION.

The dignity of the court had been effectually swamped by the grandiloquence of Mr. C. Augustus Ebénier, though it was evident that he was a very important witness. Of course no one was invited to dine at the miser's, and the court and witnesses went home to dinner. As a compromise, Constable Cooke was asked to dine with his prisoner at Mr. Watson's. At the appointed hour in the afternoon the court again assembled in the house of the miser.

"Mr. Ebénier," said Squire Saunders, "you had proceeded in your narrative, when the court adjourned, to the point where four of the crew of the fishing vessel, about to depart in search of ichthyological specimens, came on board of the yacht, which has the honor to have your valuable services as steward."

"I beg your honor's pardon; I had the honor, not the yacht," interposed Mr. Ebénier, bowing.

"Well, I should say that the honors were divided," replied the justice; and his remark was regarded as a judicial joke. "If you could commence where you left off; and go on, I should be under very great obligations to you."

"I will make a persistent effort to do so, your honor," added the obliging Mr. C. Augustus Ebénier. "As I had the honor to hear your honor remark, the three young men from the fishing vessel, about to depart, as aforesaid, were on board of our yacht, as aforesaid, and as I was standing near the cabin door, as aforesaid,--now my narrative progresses, your honor,--one of the young men from the fishing schooner aforesaid, as Captain Fairfield was about to go over the side into his boat, rushed up to me with the bag in his hand."

"You mean the shot-bag containing the gold--do you?" asked the squire, now deeply interested in the substance of the story.

"I do, your honor; perhaps I should have said the bag aforesaid, which I thought I had described with sufficient minuteness. The bag had originally contained shot, if the words printed on it can be relied upon----"

"In the name of the Constitution of the United States, don't repeat the description of the bag!" protested the squire. "One of the young men rushed up to you with the bag in his hand."

"The bag aforesaid, then, your honor. I affirm that he _rushed_ up to me, meaning that he walked briskly and rapidly towards me. He placed the bag--the bag aforesaid, your honor--in my hand, extended for the purpose of receiving it when I understood that he wished to commit it to my keeping."

"Precisely so; what did he say?"

"He observed that the captain desired me to place the parcel--by which I mean the bag aforesaid, with its contents, not then known to me--in one of the lockers in his state-room. As nearly as I can remember, though I should not be willing to swear to the precise phraseology of the language he used, his words were, 'The captain wants you to put this into the locker in his state-room.'"

"Didn't you ask him what it was?"

"No, your honor; I never ask any questions when the captain's orders come to me. It is my duty to obey, without knowing the reasons for the action I am directed to take. I went immediately to the captain's state-room, and deposited the parcel--the bag aforesaid--in one of the empty lockers. I supposed from its weight that it contained nails, hinges, screws, or some other species of hardware."

"Did you see the captain hand it to the person who gave it to you?"

"No, your honor, I did not. Under the painfully disagreeable circumstances which have followed the _dénouement_ of the depositing of the bag aforesaid in the locker, I wish to add, if my humble opinion is of any value to this honorable court, that I do not believe the captain gave the bag aforesaid to the person of whom I received it."

"Do you know the name of the man who gave it to you?" asked Squire Cleaves.

"I can only reply that I heard him called Ben,--which I presume is an abbreviation of Benjamin,--when addressed by his companions."

"It was Ben Seaver," said Levi. "He was on board at the time mentioned."

"I have no knowledge whatever in regard to his patronymic," added the cabin steward.

"Why do you say you don't believe the captain handed it to Ben?" continued the justice.

"Because, your honor, the circumstances do not justify such a conclusion on my part. It is not reasonable to suppose----"

"Confine yourself to the facts, Mr. Ebénier. We do not care to listen to an argument," interposed the justice.

"I beg your honor's pardon; to facts, then, will I confine myself. The captain went directly from the cabin to his boat, and the person whom his companions called Ben came to me directly from the forecastle. I did not see him hold any communication with the captain, though he paused for a moment at the gangway, and looked over the rail into the boat."

"Might not the captain have handed him the package then?"

"I don't think it was possible, your honor."

"What were the men on the forecastle doing?"

"They were coiling away a spare cable--all but Bob Thomas, who was to pull the captain ashore; and the visitors were assisting them."

"That will do, Mr. Ebénier; we are much obliged to you for the lucid manner in which you have given your testimony, which is very important," said Squire Saunders.

Bob Thomas, who had pulled the captain ashore, and who had been in the boat with him at the time when he was alleged to have sent the bag to the steward, was next questioned. He had neither seen the bag, nor seen Levi speak to Ben Seaver. The rest of the crew were examined, but nothing was elicited from them. Each of them was asked what had passed between Ben and himself, but the conversation related entirely to fish and fishing. Mat Mogmore seemed to be slightly confused, which was attributed to bashfulness, for his statements were as square as those of his shipmates.

Ben Seaver, who appeared to be the only person that could solve the mystery, had gone on a fishing voyage, and might not return for two months or more. No one had seen him at the fire, when the money was stolen; and it was not probable that he was the original thief, whatever part he might have been employed to perform by the guilty party.

Levi himself was then examined at great length. His statements, covering the time from the fire down to the present moment, were clear and positive. He knew nothing about the money; he had not given the bag to Ben Seaver; had not spoken to him, except to pass the time of day with him as an old acquaintance. When Dock and Mr. Fairfield declared that Levi hated his uncle, Mrs. Fairfield disproved the statement by adducing all the kind acts he had performed.

Squire Cleaves, for the defendant, then reviewed the testimony for and against his client.

"It certainly has not been shown that Levi stole this money," said he. "Nor has sufficient evidence been brought against him to render it probable that he is guilty; not enough to justify your honor in committing him for trial. This investigation has led us to follow the bag from the captain's state-room to the hands of Ben Seaver. There we are blocked, and can go no farther till this person's return from his voyage. Mr. Watson proposes to charter a steamer, send her after the fishing vessel, and bring back Ben Seaver. Then we can follow the bag until it leads us to the feet of a conspiracy against my client."

"It is not necessary to send any steamer after the witness," said the justice. "The only evidence, in this long examination, which has been brought against the prisoner, is, that the bag was found in his state-room. It has been shown, conclusively, that he did not place it there, and probably did not cause it to be placed there. The defendant is discharged." And Squire Saunders rose from his seat at the table.

The decision, though it had not been unexpected, caused a decided sensation in the little audience assembled in the miser's chamber. Dock Vincent was mad, Mr. Fairfield was in despair, and the constable was disappointed. The victim had escaped, and the miser had obtained no clew to the lost treasure. The justice took possession of the bag and its contents, to be used when Ben Seaver returned. The audience dispersed to talk over the event among themselves.

Levi's friends, including Mr. Gayles, who had listened with the deepest interest to the proceedings, were satisfied that the whole affair was a conspiracy. Mr. Watson's theory was, that Dock Vincent had robbed the miser himself, and had employed the absentee to place the bag in Levi's room, intending himself to be on the way to Australia before Seaver returned. As the matter stood, nothing could be proved. But Mr. Gayles declared that he should watch Dock Vincent and a "certain other person," whose name he declined to mention, by night and by day, until some evidence was obtained. It was not enough to vindicate the innocent; the guilty must be exposed and punished.

"Then Levi didn't steal my money, arter all," said Mr. Fairfield to Dock Vincent, after the other people had gone.

"Yes, he did. Levi's smart, and knows how to cover up his work."

"We don't know no more'n nothin' in the world what's come on't," sighed Mr. Fairfield.

"Levi's got it; and it will come to light yet," repeated Dock.

"I donno whether he has or not."

"That nigger lied all the way through. Folks that tell the truth don't spin no sich yarns as he did. If I catch that nigger in the right place, I'll pound him till he tells the truth, for Levi certainly bribed him to tell that story. He didn't say a word about Ben Seaver on board the vessel. He only did it to get his master out of a scrape--that's all, you may depend upon it."

"All I want's my money, and I don't keer much whether Levi took it or not, if I only git it," groaned Mr. Fairfield.

"Don't be alarmed, Squire Fairfield. You'll get your money one of these days--every dollar of it, for Levi's got money enough to make up for what he spends. I've got some one in a situation to keep watch of him, and something'll leak out before long. You keep a stiff upper lip, Squire Fairfield, and it'll all come out right in the end," added Dock, as he turned to leave.

"I don't feel quite so sartain as I did that Levi done it," replied Mr. Fairfield.

"Yes, he did, and that nigger got him out of the scrape. Levi's smart, and so's the nigger. Wasn't it cunning for him to say the bag was given him by a man who has gone off on a fishing voyage? I can see through that trick with my eyes shut. I shall keep an eye on Levi, and on that nigger too," said the comforter, as he left the room.

Dock was sorely vexed at the result of the examination. He had been confident that his victim would be committed for trial, but the steward's testimony had saved him. He walked down towards his own house; but he had not gone far before he discovered Mr. C. Augustus Ebénier, going in the direction of the Point. With a little contrivance on Dock's part, they came together out of sight and hearing of everybody.