Chapter 8

Mr. Sidney touched a sensitive place. If Mr. Burchard had any reputation or quality as a lawyer, it was for his unsullied integrity and keen sense of honor. The ability of Mr. Sidney in his department had not brought that comfort which Mr. Burchard had hoped for. His distress of mind was so great that Mr. Sidney judged he had gone beyond the limit of safety, and he quoted, "'Faithful are the wounds of a friend.' As your friend I open to your view the peril from which it is your duty to escape. If you are involved, extricate yourself with honor if you can, and if you cannot, then do no more than honor requires."

A long pause ensued. At length Mr. Burchard broke the silence by inquiring what evidence there was that Maguire was criminal.

"Because she gets the information for Malcolm, and draws plans of the houses which he intends to rob, and locates every piece of furniture in them so that he can enter the house and go through darkness to his objective point. He passes half his nights in her room. There the schemes are matured, and if you think her less criminal than Malcolm, you are welcome to your opinion."

"But what information can you give me upon which I can act?"

"She has deceived you in passing herself off as a man. She is in fellowship with Malcolm, while it is for her interest to be faithful to you, for by reason of being your man she has access to those houses which may be presumed to be profitable in the plundering. I cannot tell you any particular thing she has done, but I can send a message to the back door by reason of which she will fly from your house and never again show you her face."

"What message will you send?"

"I will write on a card these words, 'All is known, detectives are approaching.'"

"Do it," said Mr. Burchard, "and if he is honest he will show it to me and ask advice, and we will see if he will fly."

The card was delivered, no commotion followed. She was not seen to escape, though watch was set for the purpose. Search was made for her in vain. From the appearance of her room it was evident she had fled. It was months before she was heard from, and then the inquiry came from the chief of police in a Western city, "Did Mary Maguire, alias Sonsie Jane, alias Wily Mary, ever reside with Bernon Burchard? Is his certificate genuine?"

In the mean time Mr. Burchard was intensely excited by conflicting emotions and the discussion within himself concerning his duty. Could he retain the money and give information to the police? No. Did the fraud of Malcolm vitiate his obligation to him? In some particulars, but not in all. Did his oath to be faithful to his client prevent him from withdrawing from the case till at least he had returned what he had received? Yes; but how could he return it, since it was doubtful if Malcolm would ever again appear?

Before Mr. Sidney left town it was arranged that he should ascertain the whereabouts of Malcolm if possible, and, as the attorney of Mr. Burchard as bail, bring him hither at all hazards, and confine him in jail to await his trial or till he should procure other securities. Mr. Sidney stipulated that Mr. Burchard should not on any account telegraph to him or any other person upon the subject, because that the telegram would certainly reach Malcolm, if he was a chief member of a gang of villians, before it did him or the person to whom it should be addressed. This injunction, however, escaped the mind of Mr. Burchard. As the time for Malcolm's trial drew near, he, Mr. Burchard, became nervous and care-worn. Learning through a New York detective that Malcolm was in that city, he at once telegraphed to his attorney there to seek out the detective and have Malcolm arrested.

The writer of this article, who was then aware that some great trouble shrouded the mind of Mr. Burchard, without knowing what it was, happened to be conversing with him on the street near his office door when the answer to the telegram arrived, and had the opportunity of reading it all except the signature. Before the message had been delivered to the attorney in New York, the answer came from Malcolm at New Orleans, printed upon a long strip of paper as follows:

"NEW ORLEANS, March --, 1856.

"I never disappoint my bail. My thoughts on awful subjects roll, damnation and the dead, what horrors seize the guilty soul upon a dying bed. Lingering about these mortal shores she makes a long delay, till like a flood with rapid force, death sweeps the wretch away. Good for Doctor Watts. I have three weeks yet to spare."

How it was signed I am not aware. The envelope was marked "paid $32.75."

On the afternoon previous to the sitting of the court at which Malcolm was under bail to appear, he unexpectedly presented himself at Mr. Burchard's office. The conflicting emotions in Mr. Burchard's breast upon beholding him can well be imagined. Indignation for the imposition and forgery was most apparent. Vengeance was secondary, tempered by the fact that he had made his appearance, although not yet safe in jail. His soul burst forth in a holy horror of a man apparently incapable of entertaining a moral sentiment, and so brazen as not to appreciate his guilt. His presence so exasperated Mr. Burchard that he rushed toward the door without any definite intention but to be rid of his visitor. Malcolm calmly placed his back against the closed door and said very coolly: "All this indignation is well enough before a jury, Mr. Burchard, and I read in your countenance what is passing in your mind, but it is wise to take men as they are and the world as it is, and not as it should be. I meet you to-day on equal terms. You claim something of me, and I of you. If you are a man of honor, fulfil your contract. If you are a sneak, do as I should have done had I forfeited my bail. I have shown the estimate I put upon my duty by appearing to discharge you as my bail in the face of the indignity I have put upon you, and knowing full well what I was to encounter. Show half my pluck and it will serve you well. I am not yet your prisoner, and by the Eternal! I will not be till to-morrow, when I shall be content with that position. On your peril answer me. Will you fulfil your agreement? Will you be a man or a knave?"

Mr. Burchard answered not, but saw the desperate nature of the man with whom he had to deal, and that he was provided with weapons with which to enforce his argument. Malcolm proceeded, "I never was and never will be a sneak. I am bound by honor as well as you. You are a lawyer, and a good one. I am a burglar, sir, and am not ashamed of my jobs. You exalt your profession, and so do I mine. Business is business, and mine is as honorable as yours. Think you I am less public-spirited than you? Think you I love my wife and children less than you? Come, come, Mr. Burchard; down from your perch! You are a man of principle. I am no sardine. You have taken my money, and you cannot return it if you would, for the bankers upon whom it was drawn have failed, and the draft has not been presented and is your loss. I know what you would like to say. It is true I used dissimulation and procured an invitation to your dinner-party, and here is Winfield Burchard's letter to you (presenting it), whose handwriting I imitated; but it was all in my line. I laid a bet I could do it, and that draft was just the sum I won. Bristol Bill pays up like gentle folks, but then he didn't know my opportunities. What possessed you to dismiss Maguire? but no matter; that is all gone by. During the last eight years I have passed at least six hundred nights in your house, and have been very frequently in your sleeping-room, and have heard your confidential talk with your wife. Doubt it, do you? Yes, your door _was_ always bolted on the inside, and no other one opened into your chamber, but I can tell you conversations you had with your wife, which will convince you. Do you remember one night when your wife became nervous and fell to crying lest the pain she felt in her breast should prove to be a cancer, and you told her that you would go to Boston with her and consult Dr. Jackson and ask Dr. P. to go with you? Do, eh? And do you remember one night when your niece slept upon the sofa in your room? I had no idea she was there, and needlessly waked her. She screamed, and while you was attending to her fright I slipped out and didn't leave your door bolted. I heard you tell her she was dreaming.

"And do you remember one night telling your wife that you could not imagine how three cigars got out of a new box you had opened the night before? Those cigars were the only things that either Maguire or I ever took from your house.

"I will make you this proposition, and if you will accept it you will do well. By the night train my two accomplices in that job will arrive. I don't intend to be shut up till they come. I will pay for six men to sit up with me here to-night in this office, and you shall select them, and in the morning I will pay their fees and go to jail."

The proposition was accepted, and the chief of police furnished the keepers.

During that night Mr. Burchard's office was the scene of strange revelations. Malcolm furnished money to one of the officers, who brought in a basket of champagne, and ordered a supper at one o'clock in the morning, to be the most complete that money could buy and the city furnish. The officers were at liberty to invite in their friends who were reliable. Malcolm distributed to each of his keepers five times the sum of money agreed upon for their wages, and demanded of them a faithful performance of their duty. Some thirty had entered the office, and the door was closed and not to be opened on any account till supper was announced. Malcolm had sent to a neighboring bookstore, and obtained one pack of every edition of playing cards there kept for sale. Some forty packs with different backs were piled up at one end of the table. Malcolm invited some one to take a hand of euchre with him. The captain, who was considered the most expert player, took a chair at the corner of the table, and the rest were to observe the game, but say nothing which they should discover till the game was over. Malcolm took one of the packs from the envelope and said, "This edition was gotten up by Count ---- at ----, and with it he played twenty-one nights and won ---- thousand dollars before the markings were discovered. Cut the cards if you please, and mind, if you can, that the ten of spades is not turned." The cards were dealt and the ten of spades was turned. The two bowers and two aces were given to the captain, who ordered up the ten.

"Now, captain, I have given you the bowers and two aces, and yet you are euchred." And so it was. Malcolm inquired if any one perceived how it was done, and, receiving a negative reply, said, "Very well, he shall do precisely the same thing, and see then if you detect the method. I will cut for a ten to be turned and order it up, and you will observe."

Almost the same cards were put into Malcolm's hand, as had been put into the captain's.

"Now," said Malcolm, "I order it up, and will make one," and so it was.

"Did any of you see how that was done?"

None could detect. The cards were again shuffled by a looker-on. It was Malcolm's deal.

"I must not make too often. This time you shall march. You see I have given you three trumps and a king and an ace of another suit." And so it was.

The cards were shuffled again. "You must make one this time." And so it was.

"Now," said Malcolm, "please say whether I shall make one, or lose one, or go out."

It was the captain's deal, and the company requested Malcolm to go out if he could.

"Very well then, I cut a bower; the left is next above it as they fell into the last hand, and so will not be out."

Malcolm ordered up a queen, took it out with a king, and made three low clubs and won the game.

"Let's take another pack while these gimlet-eyed fellows hunt up the markings. This edition was gotten up by Sunderland for a high-low-jack pack, and was read the first night. The profession never use it, the marks are so apparent. Try it once at all-fours."

The cards were dealt by the captain, and Malcolm said, "I will stand, although I have but one trump, for you have none." And Malcolm made three points.

"Had you detected the manipulation, I should have lost and you would have made three.

"Try another pack. This had a run of three months before it was detected. It is well executed, and only the most sagacious and quick-sighted are never mistaken in the cards. There is not an edition of cards that I cannot read as well by seeing one side as the other. No pack was ever edited in fairness to both parties. A man is a fool who will get out such an edition. I carried two new ones to the B---- house in London, and won thirteen nights with them."

One of the company who had been out and returned, produced a pack with plain backs, and asked triumphantly if Mr. Malcolm would please to read them by the backs.

"This edition," said Malcolm, "was gotten up in Edinburgh by an Irishman named Mulligan, and was popular for a while, but when he won every night with it suspicions were aroused, and finally a boy twelve years old deciphered it. I can tell each card across the room." And he did.

And so the entertainment went on, Malcolm winning every game till supper was served; not one of the company detecting how it was done.

"Now, boys," said Malcolm "this is my treat, and please enjoy yourselves, for I shall expect you all to be in court when my case is tried, to laugh on my side. Lawyers don't understand the value of a chuckle in swaying a jury in a doubtful case. Lay to. 'The art of cookery,' says Henry Cornelius Agrippa, 'is very useful if not dishonest.' My appetite is good, and I trust you are all likewise minded, for Beaumont and Fletcher say, 'What an excellent thing God did bestow upon man when he gave him a good appetite. Mine is almost equal to that of Erisichthon described by Ovid,--

'Thus Erisichthon's profane chops devour All sorts of food: in him food is the cause Of hunger: and he will employ his jaws To whet his appetite.'

"'Tis said that Maximus, the Emperor who succeeded Alexander Memneaus, consumed forty pounds of flesh in one day, and drank an amphora of wine containing forty-eight quarts.

"Waiter, pass your wines. No blue ruin or heavy wet. In the days of the great Cæsar all feasts began with eggs and ended with fruits, cream and apples; hence the proverb, _ab avo usque ad mala_, and the man who did not crush his eggshell or put his folded napkin on his left knee, was considered a fool. As we have not eggs we will do our best with the napkins. No melancholy subjects at this table. So here's luck." And all drank a bumper.

"Did you ever hear how Pope Julius III. became enraged against his cook for not having saved him a cold peacock for supper, and how he began to blaspheme? Whereupon one of his cardinals said to him, 'Let not your Holiness be so moved with a matter of so little weight.' 'What!' said the pope, 'if God was so angry for one apple that he cast our first parents out of Paradise, why may not I, his vicar, be angry for a peacock, sithers a peacock is greater than an apple?'

"The oysters from Tarentum, so prized by one of the Cæsars, I forget which, were not to be compared to these. Captain, take a hand at them. Let me give you a song."

And with a sweet melodious voice and a Scotch accent, he sang Burns's Ode on the Haggis.

"'Fair, fa' your honest, sonsie face, Great chieftain o' the pudding race: Aboon them a' ye tak your place, Paunch, tripe, or thairm; Weel are ye worthy o' a grace As lang's my arm.'

"This bird is excellent; whoever cooked it,

'His name should be enrolled In Estcourt's book, whose gridiron's framed of gold.'

"Help yourselves, gentlemen, digestion is the business of the stomach, and indigestion that of the physicians. It is better to dine late, for one can then concentrate all his thoughts upon his plate, forget business, and only think of eating and drinking and going to bed. Ha, ha! I should have omitted the bed in quoting from the gourmands, for they would rather fast than be obliged to eat a good dinner in a hurry. Five hours is little enough, provided Mr. Burchard shall not in the mean time appear and drive us away.

"This venison is delicious; none was ever better served. The Roman Senators debated the question how a turbot should be cooked, and the author of this dish deserves a place among such.

"Montmaur is reported to have said that Easter and Christmas were the two best days in the year. Easter because it was farthest from Lent, and Christmas because then you breakfasted at midnight. Who says this is not equal to Montmaur's Christmas breakfast?"

This sort of banter, interspersed with songs and stories, was kept up till a late hour, when all of a sudden the keepers awoke to the fact that Malcolm had flown. The visitors laughed heartily. The company dispersed, not standing upon the order of their going. The table was cleared, and the office put in order. Only one of the keepers remained, who resembled in appearance a cat that had played with her mouse and lost it; the others were out looking for Malcolm. At an early hour in the morning he returned, and seating himself at Mr. Burchard's desk, wrote him this note:

MR. BURCHARD,--

I trust I did not disturb your repose. I found, this morning, in your safe in your house this pretty little casket sent you from your English namesake. I have seen it often before, but wanted another squint at it, and I have brought it to your office lest some burglar might steal it from your house. I noticed your wife's watch lying around loose in your sleeping-room, which is of no great value--to me,--and I contented myself with the charms, which I will put into your steel chest, here in the office, for safe keeping against the time of my need. The putting a yoke on the keys of your door, so I could not turn them with the nippers, was all useless. The chair poised against your sleeping-room door gave me a deal of trouble, and I could not put it back as I found it. Please excuse me. The thread on the stairs attached to an alarm-bell might as well have been omitted. The old-fashioned fork against the bolt I put back as I found it, and came out by the dining-room window. Your portfolio you will find between the beds on which you were sleeping. It took me half an hour to make you turn over so I could do it. George Waters is my counsel, to whom I have committed my case. He will arrange the evidence. Unless you eat your own words, you will sit beside him and ask the jury if they believe the case is made out beyond a reasonable doubt, for I know better than you the weight of your character. I shall be in jail by breakfast-time.

MALCOLM.

At the bottom of the note was a well-drawn hand with spread fingers at the end of a man's nose.

When all the officers had returned, dropping in one by one, towards morning, they were somewhat surprised and relieved upon beholding Malcolm. He informed them that it would be all right if they would all appear at his trial and laugh for him.

At the trial, Mr. Burchard, care-worn and nervous, made his appearance. Mr. Waters conducted the testimony for the defence. Mr. Burchard inquired of him what testimony Malcolm relied upon, and was answered that no testimony whatever was to be introduced, but he would rely altogether upon the lack of testimony on the part of the government. A cold shiver ran down Burchard's backbone. The question of guilty or not guilty turned upon the identity of the mat previously spoken of, which, it was asserted, Malcolm threw away as he ran. The watchman testified positively to the fact, but it was in the night, and he might have been mistaken. Mr. W. H. B. testified generally as to the robbery, and recognized the mat as probably the one made by his daughter, although he could not positively make oath to the fact. As the case turned upon the testimony of Miss B., I give the whole of the cross-examination.

_Question by Mr. Waters._ You have said that you _know_ this mat to have been the work of your own hands, and that you made it for a particular purpose. If you please, what was that purpose?

_Answer._ I had presented me on Christmas a fine statuette of Samuel, which I admired so much that I worked this mat with great care upon which to place it.

_Q._ And did you work it from a pattern?

_A._ Yes, sir.

_Q._ And have you ever seen others like it?

_A._ Yes, sir, three, but not in this city.

_Q._ And where did you get the pattern?

_A._ From a friend in Philadelphia.

_Q._ Now, if you have seen other mats like this, how do you know, of your own knowledge, that this is not some other lady's work?

_A._ I know it is my work because the centre portion of the mat was left plain, which centre is exactly the size of the base of my statuette.

_Q._ Is there any other reason which you can give?

_A._ I know it looks like my mat.

_Q._ Certainly, but would it not look like your mat if it had been wrought by another lady?

_A._ Perhaps so.

_Q._ You say _perhaps_ so; would it not certainly so look?

_A._ I think it would.

_Q._ Have you the statuette now?

_A._ Yes, sir, it is at our house.

At this point of the trial the statuette was sent for and brought into court by the father of the witness. Mr. Waters took it into his possession. Considerable discussion arose when the prosecuting attorney insisted upon being allowed to examine it. Mr. Waters became almost violent, and declared he would smash the image rather than be so imposed upon. He was cross-examining the witness with no testimony for the accused, and he insisted upon his rights without interruption. The court ruled in Mr. Waters's favor. He, holding the statuette by the base, walked up to Miss B., and inquired of her if she recognized it as her own.

_A._ I certainly do.

_Q._ And how do you know it is certainly your own?

_A._ It is just like mine.

_Q._ But are there not other copies so like it as that you cannot tell the difference, nor one from the others?

_A._ Yes.

_Q._ How then can you say for a certainty that this is yours?

_A._ Because my father has just brought it from our house, and I saw him go for it and return with it. I can give no better reason.

_Q._ Can you say of your own knowledge, from an examination of the image, that it is yours?

_A._ No, sir.

_Q._ Have you any more reliable knowledge concerning the mat being yours?

_A._ Yes, for the space in the middle was made expressly to fit the base of the statuette.

_Q._ And are you willing to risk your testimony upon that fact alone?

_A._ I am.

The mat and the statuette were then shown the witness and the jury, and the base of the statuette overlapped the plain surface in the centre of the mat half an inch. The witness became faint, and was carried into the lobby. The jury, without leaving their seats, rendered a verdict of NOT GUILTY.

The captain feasted Malcolm that night, and obtained from him the secret of his defence. Maguire, as a woman, had procured the situation of cook in the house of Mr. W. H. B., and had substituted for the original Samuel another, altogether similar, except that its base was half an inch larger.

The captain further inquired what had been Malcolm's occupation in early life, and how he had acquired so much knowledge of the gourmands and feasts.