Part 9

"Mind you," Jerry said to himself, as he watched the smile die away, "I don't pretend to be as smart a chap as all these crack lawyer fellows, but I'm a straight man in my way, and I know my business. If that doctor ain't got a murderer's face on his front, my name isn't Jeremiah Stokes; that's the long and the short of it."

He looked hard at the prisoner, he looked hard at the doctor. The longer and harder he looked, the more was he sure of it. He was an expert in murderers, and he knew his men. Ogilvy hadn't done it; Ogilvy couldn't do it; the doctor might; the doctor was, at any rate, a potential murderer. Not that Jerry put it to himself quite so fine as that; he contented himself with saying in his own dialect, "The doctor was one of 'em."

Evidence, however, went all against the prisoner, and the judge, to Jerry's immense surprise, summed up upon nothing except the evidence. Nobody in court, indeed, seemed to think of anything else. Jerry rubbed his eyes once more. He couldn't understand it. Why, they were going to hang the man on nothing at all but the paltry evidence! Professional as he was, it surprised him to find a man could swing on so little! To think that our lives should depend on such a thread! Just the gossip of nurses and the tittle-tattle of a doctor with a smile like a murderer's!

At last the jury retired to consider their verdict. But they were not long gone. The case, said everybody, was as clear as daylight. In the public opinion it was a foregone conclusion. Jerry stood aghast at that. What! hang a man merely because they thought he'd done it! And with a face like his! Why, it was sheer injustice!

The jury returned. The prisoner stood in the dock, now pale and hopeless. Only one man in court seemed to feel the slightest interest in the delivery of the verdict. And that one man was the public hangman. Everybody else knew precisely how the case would go. But Jerry Stokes still refused to believe any jury in Canada could perpetrate such an act of flagrant injustice.

"Gentlemen of the jury, do you find the prisoner, Richard Ogilvy, Guilty or Not Guilty of wilful murder?"

There was a slight rhetorical pause. Then the answer rang out, in quietly solemn tones: "We find him Guilty. That is the verdict of all of us."

Jerry Stokes held his breath. This was appalling, awful! The man was innocent. But by virtue of his office he would have to hang him!

II.

If anybody had told Jerry Stokes the week before that he possessed an ample, unexhausted fund of natural enthusiasm, Jerry Stokes would have looked upon him as only fit for Hatwood Asylum. He was a solid, stolid, thick-headed man, was Jerry, who honestly believed in the importance of his office, and hanged men as respectably as he would have slaughtered oxen. But that incredible verdict, as it seemed to him, begot in him suddenly a fierce outburst of zeal which was all the more violent because of its utter novelty. For the first time in his life he woke up to the enthusiasm of humanity. You'll often find it so in very phlegmatic men; it takes a great deal to stir their stagnant depths; but let them once be aroused, and the storm is terrible, the fire within them burns bright with a warmth and light which astonishes everybody. For days the look on Richard Ogilvy's face, when he heard that false verdict returned against him, haunted the hangman's brain every hour of the twenty-four. He lay awake on his bed and shuddered to think of it. Come what might, that man must never be hanged. And, please heaven, Jerry added, they should never hang him.

The sentence, Canadian fashion, was for six clear weeks. And at the end of that time, unless anything should turn up meanwhile to prevent it, it would be Jerry's duty to hang the man he believed to be innocent.

For all those years, Jerry had stolidly and soberly hanged whomever he was bid, taking it for granted the law was always in the right, and that the men on whom he operated were invariably malefactors. But now, a great horror possessed his soul. The revulsion was terrible. This one gross miscarriage of justice, as it seemed to him, raised doubts at the same time in his startled soul as to the rightfulness of all his previous hangings. Had he been in the habit of doing innocent men to death for years? Was the law, then, always so painfully fallible? Could it go wrong in all the dignity of its unsullied ermine? Jerry could hang the guilty without one pang of remorse. But to hang the innocent!--he drew himself up; that was altogether a different matter.

Yet what could he do? A petition? Impossible! Never within his memory could Jerry recollect so perfect a unanimity of public opinion in favour of a sentence. A petition was useless. Not a soul would sign it. Everybody was satisfied. Let Ogilvy swing! The very women would have lynched the man if they could have caught him at the first. And now that he was to be hanged, they were heartily glad of it.

Still, there is nothing to spur a man on in a hopeless cause like the feeling that you stand alone and unaided. Jerry Stokes saw all the world was for hanging Ogilvy--with the strange and solitary exception of the public hangman. And what did the public hangman's opinion count in such a case? As Jerry Stokes well knew, rather less than nothing.

Day after day wore away, and the papers were full of "the convict Ogilvy." Would he confess, or would he not? that was now the question. Every second night the Toronto papers had a special edition with a "Rumoured Confession of the Napanee Murderer," and every second morning they had a telegram direct from Kingston jail to contradict it. Not a doubt seemed to remain with anybody as to the convict's guilt. But the papers reiterated daily the same familiar phrase, "Ogilvy persists to the end in maintaining his innocence."

Jerry had read these words a hundred times before, about other prisoners, with a gentle smile of cynical incredulity; he read them now with blank amazement and horror at the callousness of a world which could hang an innocent man without appeal or inquiry.

Time ran on, and the eve of the execution arrived at last. Something must be done: and Jerry did it. That night he sat long in his room by himself, in the unwonted throes of literary composition. He was writing a letter--a letter of unusual length and surprising earnestness. It cost him dear, that epistle; with his dictionary by his side, he stopped many times to think, and bit his penholder to fibre. But he wrote none the less with fiery indignation, and in a fever of moral zeal that positively astonished himself. Then he copied it out clean on a separate sheet, and folded the letter when done, with a prayer in his heart. It was a prayer for mercy on a condemned criminal--by the public hangman.

After that he stuck a stamp on with trembling fingers, and posted it himself at the main office.

All that night long Jerry lay awake and thought about the execution. As a rule, executions troubled his rest very little. But then, he had never before had to hang an innocent man--at least he hoped not--though his faith in the law had received a severe shock, and he trembled to think now what judicial murders he might have helped in his time unconsciously to consummate.

Next morning early, at the appointed hour, Jerry Stokes presented himself at Kingston jail. The sheriff was there, and the chaplain, and the prisoner. Ogilvy looked at him hard with a shrinking look of horror. Jerry had seen that look, too, a hundred times before, and disregarded it utterly: it was only the natural objection of a condemned criminal to the constitutional officer appointed to operate on him. But this time it cut the man to the very quick. That an innocent fellow-creature should regard him like that was indeed unendurable, especially when he, the public hangman, was the only soul on earth who believed in his innocence!

The chaplain stood forward and read the usual prayers. The condemned man repeated them after him in a faltering voice. As he finished, the sheriff turned with a grave face to Jerry. "Do your duty," he said. And Jerry stared at him stolidly.

"Sheriff," he began at last, after a very long pause, bracing himself up for an effort, "I've done my duty all my life till this, and I'll do it now. There ain't going to be no execution at all here this morning!"

The sheriff gazed at him astonished.

"What do you mean, Stokes?" he asked, taken aback at this sudden turn. "No reprieve has come. The prisoner is to be hanged without fail to-day in accordance with his sentence. It says so in the warrant: 'wherein fail not at your peril.'"

Jerry looked round him with an air of expectation. "No reprieve hasn't come yet," he answered, in a stolid way; "but I'm expecting one presently. I've done my duty all my life, sheriff, I tell you, and I'll do it now. I ain't a-going to hang this man at all--because I know he's innocent."

The prisoner gasped, and turned round to him in amaze. "Yes, I'm innocent!" he said slowly, looking him over from head to foot; "but you--how do you know it?"

"I know it by your face," Jerry answered sturdily; "and I know by the other one's face it was him that did it."

The sheriff looked on in puzzled wonderment. This was a hitch in the proceedings he had never expected. "Your conduct is most irregular, Stokes," he said at last, stroking his chin in his embarrassment; "most irregular and disconcerting. If you had a conscientious scruple against hanging the prisoner, you should have told us before. Then we might have arranged for some other executioner to serve in your place. As it is, the delay is most unseemly and painful: especially for the prisoner. Your action can only cause him unnecessary suspense. Sooner or later this morning, somebody must hang him."

But Jerry only looked back at him with an approving nod. The sheriff had supplied him, all inarticulate that he was, with suitable speech. "Ah, that's just it, don't you see," he made answer promptly, "it's a conscientious scruple. That's why I won't hang him. No man can't be expected to go agin his conscience. I never hanged an innocent man yet--least-ways not to my knowledge; and s'help me heaven, I won't hang one now, not for the Queen nor for nobody!"

The sheriff paused. The sheriff deliberated. "What on earth am I to do?" he exclaimed, in despair. "If _you_ won't hang him, how on earth at this hour can I secure a substitute?"

Jerry stared at him stolidly once more, after his wont. "If _I_ don't hang him," he answered, with the air of one who knows his ground well, "it's _your_ business to do it with your own hands. 'Wherein fail not at your peril.' And I give you warning beforehand, sheriff, if you _do_ hang him--why, you'll have to remember all your life long that you helped to get rid of an innocent man, when the common hangman refused to execute him!"

To such a pitch of indignation was he roused by events that he said it plump out, just so, "the common hangman." Rather than let his last appeal lack aught of effectiveness in the cause of justice, he consented so to endorse the public condemnation of his own respectable, useful, and necessary calling!

There was a pause of a few minutes, during which the sheriff once more halted and hesitated; the prisoner looked around with a pale and terrified air; and Jerry kept his eye fixed hard on the gate, like one who really expects a reprieve or a pardon.

"Then you absolutely refuse?" the sheriff asked at last, in a despairing sort of way.

"I absolutely refuse," Jerry answered, in a very decided tone. But it was clear he was beginning to grow anxious and nervous.

"In that case," the sheriff replied, turning round to the jailor, "I must put off this execution for half an hour, till I can get someone else to come in and assist me."

Hardly had he spoken the words, however, when a policeman appeared at the door of the courtyard, and in a very hurried voice asked eagerly to be admitted. His manner was that of a man who brings important news. "The execution's not over, sir?" he said, turning to the sheriff with a very scared face. "Well, thank heaven for that! Dr. Wade's outside, and he says, for God's sake, he must speak at once with you."

The sheriff hesitated. He hardly knew what to do. "Bring him in," he said at last, after a solemn pause. "He may have something to tell us that will help us out of this difficulty."

The condemned man, thus momentarily respited on the very brink of the grave, stood by with a terrible look of awed suspense upon his bloodless face. But Jerry Stokes' lips bore an expression of quiet triumph. He had succeeded in his attempt, then. He had brought his man to book. That was something to be proud of. Alone he had done it! He had saved the innocent and exposed the guilty!

As they stood there and pondered, each man in silence, on his own private thoughts, the policeman returned, bringing with him the doctor whose evidence had weighed most against Ogilvy at the trial. Jerry Stokes started to see the marvellous alteration in the fellow's face. He was pale and haggard; his lips were parched; and his eyes had a sunken and hollow look with remorse and horror. Cold sweat stood on his brow. His mouth twitched horribly. It was clear he had just passed through a terrible crisis.

He turned first to Jerry. His lips were bloodless, and trembled as he spoke; his throat was dry; but in a husky voice he still managed to deliver himself of the speech that haunted him. "Your letter did it," he said slowly, fixing his eyes on the hangman; "I couldn't stand _that_. It broke me down utterly. All night long I lay awake and knew I had sent him to the gallows in my place. It was terrible--terrible! But I wouldn't give way: I'd made up my mind, and I meant to pull through with it. Then the morning came--the morning of the execution, and with it your letter. Till that moment I thought nobody knew but myself. I wasn't even suspected. When I saw _you_ knew, I could stand it no longer. You said: 'If you let this innocent man swing in your place, I, the common hangman, will refuse to execute him. If he dies, I'll avenge him. I'll hound you to your grave. I'll follow up clues till I've brought your crime home to you. Don't commit two murders instead of one. It'll do you no good, and be worse in the end for you.' When I read those words--those terrible words!--from the common hangman, 'Ah, heaven!' I thought, 'I need try to conceal it no longer.' All's up now. I've come to confess. Thank heaven I'm in time! Sheriff, let this man go. It was I who poisoned her!"

There was a dead silence again for several seconds. Jerry Stokes was the first of them all to break it. "I knew it," he said solemnly. "I was sure of it. I could have sworn to it."

"And I am sure of it, too," the condemned man put in, with tremulous lips. "I was sure it was he; but how on earth was I to prove it?"

The sheriff looked about him at all three in turn. "Well," he said deliberately, with a sigh of relief, "I must telegraph for instructions to Ottawa immediately. Prisoner, you are _not_ reprieved; but under these peculiar circumstances, as Dr. Wade makes a voluntary confession of having committed the crime himself, I defer the execution for the present on my own responsibility. Jailer, I remit Mr. Ogilvy to the cells till further instructions arrive from the Viceroy. Policeman, take charge of Dr. Wade, who gives himself into custody for the murder of Mrs. Ogilvy. Stokes, perhaps you did right after all. Ten minutes' delay made all the difference. If you'd consented to hang the prisoner at first, this confession might only have come after all was over."

The doctor turned to Jerry, with the wan ghost of a grim smile upon his worn and pallid face. The marks of a great struggle were still visible in every line. "And you won't be baulked of your fee, after all," he added, with a ghastly effort at cynical calmness; "for you'll have _me_ to hang before you have seen the end of this business."

But Jerry shook his head. "I ain't so sure about that," he said, scratching his thick, bullet poll, and holding his great square neck a little on one side. "I ain't so sure of my trade as I used to be once, sheriff and gentlemen. I always used to hold it was a useful, a respectable, and a necessary trade, and of benefit to the community. But I've began to doubt it. If the law can string up an innocent man like this, and no appeal, except for the exertions of the public executioner, why, I've began to doubt the expediency, so to speak, of capital punishment. I ain't so certain as I was about the usefulness of hanging. Dr. Wade, I think somebody else may have the turning of you off. Mr. Ogilvy, I'm glad, sir, it was me that had the hanging of you. An unscrupulous man might ha' gone for his fee. I couldn't do that: I gone for justice. Give me your hand, sir. Thank you. You needn't be ashamed of shaking hands once in a way with a public functionary--especially when it's for the last time in his official career. Sheriff, I've had enough of this 'ere work for life. I go back to the lumbering trade. I resign my appointment."

It was a great speech for Jerry--an oratorical effort. But a prouder or happier man there wasn't in Kingston that day than Jeremiah Stokes, late public executioner.

_The Piece of Gold._

FROM THE FRENCH OF FRANÇOIS COPPÉE.

[François Coppée, who was born in January, 1842, is known chiefly as a poet, and is, indeed, considered by some critics as the greatest poet now alive in France. For many years he acted as librarian to the Senate, but since 1878 he has held the post of Keeper of the Records at the Comédie-Française, at which theatre several of his plays have been produced. His poems have gained for him the glory of the Legion of Honour; but his short prose tales are full of the same fine qualities which are conspicuous in his verse.]

I.

WHEN Lucien Hem saw his last hundred-franc note gripped by the bank-keeper's rake, and rose from the roulette-table, where he had lost the last fragments of his little fortune, collected for this supreme struggle, he felt giddy, and thought he was going to fall.

With dizzy head and tottering legs, he went and threw himself down upon the broad leathern settee surrounding the play-table.

For some minutes he gazed vacantly on the clandestine gambling-house in which he had squandered the best years of his youth; recognised the ravaged faces of the gamblers, crudely lit by the three large shaded lamps; listened to the light jingle of gold on the cloth-covered table; felt that he was ruined, lost; recollected that he had at home the pair of regulation pistols which his father, General Hem, then a simple captain, had used so well in the attack of Zaatcha; then, overcome by fatigue, he sank into a profound sleep.

When he arose, with a clammy mouth, he saw by the clock that he had slept for barely half an hour, and felt an imperious need for breathing the night air. The clock-hands marked a quarter before midnight. While rising and stretching his arms, Lucien remembered that it was Christmas Eve, and, by an ironic trick of memory, he saw himself a little child, putting its shoes into the chimney before going to bed.

At that moment old Dronski--a pillar of the gaming house, the classic Pole, wearing the threadbare hooded woollen cloak, ornamented all over with grease stains--approached Lucien, and muttered a few words in his grizzled beard: "Lend me a five-franc piece, monsieur. It's now two days since I have stirred out of the club, and for two days the 'seventeen' has never turned up. Laugh at me, if you like, but I'll suffer my hand to be cut off if that number does not turn up on the stroke of midnight."

Lucien Hem shrugged his shoulders. He had not even enough in his pocket to meet this tax, which the frequenters of the place called "The Pole's hundred sous." He passed into the antechamber, took his hat and fur coat, and descended the stairs with feverish rapidity.

Since four o'clock, when Lucien had shut himself up in the gaming-house, snow had fallen heavily, and the street--a street in the centre of Paris, very narrow, and built with high houses on either side--was completely white.

In the calm sky, blue-black, the cold stars glittered.

The ruined gambler shuddered under his furs, and walked away, his mind still teeming with thoughts of despair, and more than ever turning to the remembrance of the box of pistols which awaited him in one of his drawers; but after moving forward a few steps, he stopped suddenly before a heart-wringing sight.

On a stone bench, placed according to old custom near the monumental door of a mansion, a little girl of six or seven years of age, dressed in a ragged black frock, was sitting in the snow. She was sleeping, in spite of the cruel cold, in an attitude of frightful fatigue and exhaustion: her poor little head and tiny shoulder pressed as if they had sunk into an angle of the wall, and reposing on the icy stone. One of her wooden shoes had fallen from her foot, which hung helplessly and lugubriously before her.

With a mechanical gesture, Lucien put his hand to his waistcoat pocket, but a moment afterwards he recollected that he had not been able to find even a forgotten piece of twenty-sous, and had been obliged to leave the club without giving the customary "tip" to the club attendant; yet, moved by an instinctive feeling of pity, he approached the little girl, and might, perhaps, have taken her in his arms and given her a night's lodging, when in the wooden shoe which had slipped from her foot he saw something glitter.

He stooped: it was a gold coin.

II.

Some charitable person, doubtless some lady, had passed by, had seen on this Christmas night the little wooden shoe lying in front of the sleeping child, and, recalling the touching legend, had placed there, with a secret hand, a magnificent offering, so that this poor abandoned one might believe in presents made for the infant Saviour, and preserve, in spite of her misfortune, some confidence and some hope in the goodness of Providence.

A gold piece! It was several days of rest and riches for the beggar, and Lucien was on the point of waking her to tell her this, when he heard near his ear, as in an hallucination, a voice--the voice of the Pole, with its coarse drawling accent, almost whispering: "It's now two days since I stirred out of the club, and for two days the 'seventeen' has never turned up; I'll suffer my hand to be cut off, if that number does not turn up on the stroke of midnight."

Then this young man of three-and-twenty, descended from a race of honest men, who bore a proud military name, and who had never swerved from the path of honour, conceived a frightful idea; he was seized with a mad, hysterical, monstrous desire. After glancing on all sides, to make sure that he was alone in the deserted street, he bent his knee, and carefully out-stretching his trembling hand, he stole the gold piece from the fallen shoe!

Hurrying then, with all his speed, he returned to the gambling-house, scaled the stairs two and three at a stride, and entering the accursed play-room as the first stroke of midnight was sounding, placed the piece of gold on the green cloth, and cried:--

"I stake on the seventeen!"

The seventeen won.

With a turn of the hand Lucien pushed the thirty-six louis on to the "red."

The "red" won.

He left the seventy-two louis on the same colour; the "red" again won.