Part 3

"See here, Mr. Westover," interrupted the bailiff, "this here ain't noways a pleasant job fer me, an' ef you'll give me your word of honor as a gentleman that you won't git me into no trouble by givin' me the slip or tryin' to break bounds, I'll take the chances on you. I won't go to breakfast with you, 'cause it 'ud make talk ef folks saw a gentleman like you a entertainin' a feller like me that a ways. I'll jest set down furder down the table like, an' leave my men outside. Is it a go?"

"Yes, and thank you for your consideration. I give you my word of honor as a gentleman that I will make no attempt to escape, either during breakfast or at any other time, and that when you wish me to go to the court with you I'll go without a word. Is that sufficient?"

"Yes, sir, that's enough. A gentleman may do things that gits him into trouble with the courts, but I ain't never knowed a gentleman to break his word of honor."

The constable was by no means an over-confiding person, but the dictum he announced was based upon the facts of a social system with which he had been familiar all his life. It would have been accepted without question by any other man of his class in the commonwealth. Thanks to it, Boyd Westover was left free to go and come at will within the precincts of the hotel. He hurriedly summoned his friend and attorney, Jack Towns, and remained in conference with him throughout the morning.

Neither could frame any plausible conjecture as to the meaning of the arrest. There was nothing in any of the morning newspapers to give even a hint toward the solution of the mystery. It was not the practice of the Richmond newspapers at that time to print news, except such as related to politics. If by chance they recorded any local happening, it was by mere mention, in small type in some out of the way corner of columns which were mainly devoted to ponderous editorial essays on affairs of state, and to a reprint of the proceedings of Congress on the day before.

It was not until the two friends, lawyer and client, were escorted by the bailiff to a magistrate's court that they learned aught of the charge against the accused man. What they learned there was very little, but it furnished a basis for further inquiry on their part. As this is not a detective story, all that they learned in court and by subsequent inquiry may best be related directly, in another chapter.

VI

OUT OF A CLEAR SKY

On a corner of Grace Street in that part of it which Westover had twice traversed on the evening before, stood a very spacious dwelling house, used at that time as a "Select Educational Establishment for Young Ladies." That was what the proprietor, Monsieur Le Voiser, called it in his circulars and the like; everybody else called it "Le Voiser's School."

There young women, mostly the daughters of the well to do planters, were "finished" after the most approved fashion. The training they had received at the hands of their governesses and tutors was supplemented by certain refinements of education which were deemed necessary to the perfection of their minds and manners. They had already learned to strum on the piano; here they were taught how to do so with ease and grace and with the air of accomplished _pianistes_. Instead of Stephen C. Foster's melodious but idiotically sentimental songs, which they loved, they were trained to screech "Hear me Norma," and other "operatic pieces," which they loathed. More important than all, they were taught French until they could dream in that language--bad dreams probably, if they were in harmony with the French in which they were cast.

Boyd Westover was acquainted with a dozen or more of Monsieur Le Voiser's pupils, they being the daughters of his neighbors and friends. He knew the place also, having delivered a brief course of lectures there during the preceding year.

About half past twelve o'clock on the night on which he had stopped under a street lamp to read a paper in the rain, there was an alarm in Le Voiser's school. There were shriekings that might have been heard a block away; there were a few faintings, and there was a general muster of scantily robed young women headed by the matron of the establishment, who was madly bent upon marching them into the garden in spite of the pouring rain.

The alarm had gone forth that there was "a man in the house." One girl had imprudently asked, "Is it a burglar?" only to bring down the matron's wrath upon her head.

"What does that matter to you, Mademoiselle? As a properly brought up young lady it is enough for you to know that he's a man. You should be ashamed to need more than that to alarm you."

It was Monsieur Le Voiser's proud boast that "French is the language of the establishment, and no young lady attending it is permitted to employ any other tongue." It is perhaps an illustration of the untrustworthiness of educational veneering, that in this time of excitement nobody spoke a word of French, until the intruder, who had been hiding behind a door, slipped from his place of concealment and made a dash for the verandah through the French window by which he had entered. As he did so the light of three or four bedroom candles held high in air fell full upon him, and half a dozen of the girls shouted in chorus:

"_Regardez_ him! It's Mr. Boyd Westover!"

The consternation which fell upon the excited group at this announcement seemed to afford a sufficient occasion for several interesting attacks of hysteria, in the execution of which one damsel made the startling announcement:

"He came to kidnap me!" repeating it several times. When she grew a little calmer so that she might be questioned as to her meaning she declared that Boyd Westover was madly in love with her. Then, having set the inventive machinery of her creative imagination going, she told a romantic story interesting to hear and perfectly delicious to tell.

In it she figured as a heroine of romance, beset by the passionate entreaties of a lover to whom she found it impossible to give her love in return, and so forth to the end of as pretty a story of love and coldness, persuasion and pleading, as any that Mrs. Caroline Lee Hentz or Mrs. E. D. E. N. Southworth ever manufactured for the delectation of languishing Lydias.

The girl's ambition to win interest in her own behalf somewhat overreached itself. The other girls were jealous of her romantic distinction and, when they grew calm while she got herself carried to bed, they flatly refused to believe her story.

But there was no room for doubt that the intruder was Boyd Westover, or that he had forced the fastenings of a bolted window in gaining entrance. One girl, whose father was a lawyer, explained that this forcing of fastenings, however frail they might have been, constituted the crime of burglary.

Then somebody remembered that the intruder had escaped and some one else ventured the suggestion that steps ought to be taken to apprehend him. To that end Monsieur Le Voiser was summoned from his private residence in the next street. After all the girls who personally knew Boyd Westover, and all those who had attended his course of lectures had borne witness that the intruder was unmistakably he, Monsieur proceeded to set the machinery of the law in motion, with the results already set forth.

When Boyd, with Jack Towns as his counsel, presented himself before the magistrate, there was a group of Monsieur Le Voiser's pupils there, whom Jack Towns, borrowing his text from the circus posters, called "A bevy of beauty and galaxy of grace." They were there under command of their matron to testify to the facts of the burglary and the identity of the burglar, which they one and all did with so much confidence that Jack Towns found it impossible to shake their beliefs in the smallest degree.

Sam Anderson was there too, very reluctantly indeed and under compulsion of a subpœna. The Commonwealth's Attorney had somehow learned of his encounter with Westover near the scene of the burglary under what appeared to be suspicious circumstances. The hotel clerk was present to testify concerning the hour and circumstances of Westover's return to the hotel on the night before.

To meet all this array of testimony, Boyd Westover had no single witness of any kind. And if there had been any such Jack Towns would not have put him on the stand. It was clear that the accused young man must be committed in any case to await the action of the Grand Jury, and Jack Towns was much too shrewd a lawyer to waste strength--if he had had any strength--in this preliminary hearing. He devoted himself instead to the task of getting the bail fixed at as low a sum as possible. When he pleaded that his client was well known to be a gentleman of the best family connections and the most scrupulous honor, a man to whom the commission of such a crime was utterly impossible, the magistrate reminded him that the witnesses were young gentlewomen of equally good families, in whom perjury was not even conceivable; that their number was too great and their testimony too positive to leave room for the theory of possible mistake; and finally that the very fact of Boyd Westover's high place in life rendered any crime on his part especially heinous. He felt bound, he said, to fix bail at five thousand dollars--a very great sum in those days.

Within the hour, however, Boyd's friends and those who had been friends of his father, rallied about him, ready and eager to furnish bonds for any amount. Not one of them knew aught of the merits of the case, and not one of them asked a question concerning it. They simply did not believe that Boyd Westover had broken by night into a girls' school for any purpose whatever, and they were determined that he should not go to jail while awaiting indictment and trial on so absurd a charge.

"Now come with me," said Jack Towns as soon as the matter of the bail bonds was settled. "We'll go to my house, not to my office, to avoid interruptions. I must get at the very marrow of this matter before a word is said about it. Come."

When the two were seated in an untidy room of Jack Towns's untidy bachelor establishment, and Jack had locked the front door for the first time within his recollection, he turned to his friend, saying:

"I want you to tell me every thing you did last night--the unimportant things even more than the important. Don't be afraid of boring me with details, and relate everything in the order in which it occurred. Then I'll cross-examine you as rigidly as if you were a witness concealing something. Perhaps we may discover something to shed light upon what seems the most perplexing mystery I ever knew. Go on."

Boyd told the story in minute detail, ending it by saying:

"I can make oath to all that and swear that nothing else of any kind occurred."

"No, you can't," said Jack Towns. "The court won't let you swear to any of it."

"Can I not make a statement of facts in a case that involves my liberty, my reputation, and everything else that I care for?"

"No. The law of Virginia does not permit an accused person to testify in his own behalf. That is the Common Law rule, and Virginia is under the Common Law. Don't tell me the thing is absurd, unjust, cruel, barbaric, and all that; for I know it already. It is the law, and you and I cannot change it. Let us go on with our inquiry instead. Do you know approximately at what hour you passed Le Voiser's school on your return from your visit to Milhauser?"

"I know exactly. It was precisely half-past twelve. I saw lights carried about in the school and, wondering at the fact, looked at my watch to see the hour."

"And you left Milhauser's house at what time?"

"Half-past ten."

"Why did it take you so long to get back to the hotel?"

"Milhauser's house, as you know, is away out of town--beyond Richmond College. There's a horse car which runs at irregular intervals between the college and the Broad Street end of the Fredericksburg Railroad, using the track of that railroad when no train is due. When I got to the college gate it was raining heavily and I took shelter under a sort of shed opposite the gates to wait for the car. It didn't come, and at last I decided to walk on."

"Why did you turn south and into Grace Street, instead of coming on down Broad?"

"Because it was raining and muddy, and the sidewalks are better in Grace Street. Besides, as my hotel is in Main Street I had to turn south at some point on the journey."

"Yes, of course."

After a period of silent thinking to no purpose, Jack Towns said:

"It's a queer case. All those girls swear you were in the school a little after twelve. Milhauser, if questioned, would have to swear that you left his house at half-past ten. You saw nobody else after that, who could even suggest an alibi. You got to the hotel drenched and dripping, at precisely the time you would have got there if you had been chased out of the school at the time the intruder was. You admit that you passed the school at the time of the disturbance. The case is so clearly made out against you, both by the positive testimony of eyewitnesses, and by all the circumstances, that any jury ever empanelled would have to convict you. Why, I'd feel bound to convict you myself--"

"Do you mean that you have the remotest shadow of doubt as to my innocence of this charge?" sternly demanded Westover, rising.

"Certainly not. Don't be an idiot. Sit down. But as the case stands we haven't a straw to cling to. We can't impeach the testimony of a dozen high-bred young women, every one of whom swears positively that she knows you well and that she saw you make your escape from the invaded precincts. There is no way in which we can so much as cast a doubt upon your guilt. With the case presented as it stands, any juror who should hesitate to pronounce you guilty would be a perjurer. The only hope is that we may find some way out before the case comes to trial."

"When will that be?" asked Boyd Westover, in a tone so stoically calm that Jack Towns looked at him to see what had happened to him.

"Are you ill?" he asked.

"No, not at all. It is only that I see the utter hopelessness of the case. I am a man condemned to worse than death. But I am a _man_ and must face even such calamity without flinching. When the trial is over, I shall be a convicted felon. It will do no good to assert my innocence. Nobody will believe it--nobody can, in face of the testimony. My life is ruined, my reputation blasted, my doom sealed. But I shall neither whine nor whimper. Now tell me when the blow is to fall? When will the trial occur?"

"The court is in session now. The indictment will be found to-morrow, but I shall secure a postponement of the trial until the next term."

"Do nothing of the kind. Let the trial come on at once--the sooner the better. Delay will do no sort of good. I believe every accused person is entitled to 'a speedy trial.' Demand that for me, and secure it."

Towns argued and pleaded, but to no purpose. He could offer no suggestion of advantage in delay, except by saying:

"I have always found it worth while to trust to the unexpected. If we have time, something may happen that we don't anticipate."

"And I, in the meantime?" answered Boyd. "No. Bring the thing to a head at once. How soon can you make it?"

"Within forty-eight hours," answered the lawyer. "I advise against it, but--"

"I quite understand. The responsibility rests upon me. Go on and make an end of the horrible thing."

VII

IN THE VALLEY OF THE SHADOW

It was the chivalric custom of the Virginians to protect their woman-kind in all circumstances, at all costs and at all hazards, not only against wrong and danger, but equally against annoyance and especially the annoyance of publicity. Women in Virginia were proudly feminine; men intensely and bravely masculine.

Accordingly the news of Boyd Westover's case had only begun to spread abroad when all the male relatives of all the girls in Le Voiser's school set themselves to hurry their daughters, sisters and nieces into secure hiding, so that they might be spared the annoyance of appearing in court as witnesses in a criminal case.

Short as the time was, the officers sent to serve summonses upon such as were wanted found the school well nigh deserted. Some even of those on whom they succeeded in serving their subpœnas were protectingly abducted before the day of the trial by relatives who braved the penalties of contempt of court in rescue of delicately nurtured maidens dear to them.

Nevertheless there were one or two of the girls present in court when Boyd Westover was called to the bar. These had been in hiding, but their places of concealment had been discovered and the girls themselves brought by force to the court. Then too the matron was there prepared to bear unhesitating witness to Boyd's identity with the offender.

A good deal of time was consumed in securing a jury. The first man called declared:

"I would not believe this charge against Boyd Westover even if I had been present, seeing him with my own eyes." Others expressed their incredulity in different forms of words but with equal positiveness, and of course all such were rejected. It thus happened that the jury was not completed till a late hour in the day. But on the other hand it took very little time for the Commonwealth's witnesses to give their testimony, and after one or two fruitless attempts to secure from them an admission of doubt or possible mistake, Jack Towns forbore to cross examine them.

He had no witnesses to offer in his client's behalf. He had nothing to depend upon indeed except a certain persuasive eloquence which had often served him well, and this he brought to bear with all his passionate nature to stimulate it. He spoke for an hour. He argued, pleaded, persuaded. He set forth the character of his client and of the distinguished family from which he was sprung. He dwelt upon the utter improbability of the commission of such a crime by such a man. He pointed out and emphasized the fact that a girls' school was not the place that any housebreaker in his senses would think of entering in search of booty. He ended with an impassioned setting forth of the ruin and disgrace that must fall upon this high-charactered young man as the result of an adverse verdict. So eloquently and so pathetically did he present the pitiful aspect of the matter that tears ran down scores of cheeks, and the Judge himself bowed his head upon the desk in front of the bench, as if to conceal an emotion he could not control.

The Commonwealth's Attorney--the prosecuting officer--rose, but instead of making the usual speech, simply said, in a voice choked with sobs:

"The testimony is before you, gentlemen of the jury. I have nothing to add to it."

There was but one result possible. Ten minutes after the jury retired, it filed into court again bearing a verdict of "Guilty."

Boyd Westover was a convicted felon. The sun of his fair young life had gone down amid clouds of black disgrace, and it could know no rising. Worse than death a thousand fold, worse than the cruelest torture was this to a proudly sensitive nature, nurtured in traditions of honor that held every slightest character stain to be an indelible blot.

Yet it was with head erect, with dry eyes, with unshaken nerves and unflinching spirit that he met this decree of doom. It was the tradition of his race to meet Fate without faltering, to fight while the possibility of fighting lasted, and when it failed, to shroud an undaunted soul in the chain mail of unconquerable courage.

When the verdict was rendered, the young man turned to his friend and counsellor, and in an entirely unemotional voice, said:

"I thank you sincerely for all you have done and tried to do. I have need of a little time in which to arrange my affairs. Can you do me a final favor by securing it for me?"

The matter was easily arranged. The Judge, full of compassion for the ruined youth, and in spite of reason, testimony, and everything else, still not believing in Boyd Westover's guilt, asked if ten days would suffice. Then without renewing the bail bonds that had expired with the beginning of the trial, he appointed the tenth day thereafter for sentence. It was the Commonwealth's Attorney's business to move for the renewal of the bonds, without which the condemned man was in fact under no restraint whatever, but he made no motion of the kind. When asked by Jack Towns some time afterwards why he had not done his duty in that respect, he replied:

"I simply couldn't. Boyd Westover and I were schoolmates, you know, and I lived for many months in his father's house. I _knew_ he wouldn't run away. Who ever heard of a Westover flinching? Why should I subject him to an indignity?"

Thus, in Virginia, did character--personal and inherited--count. There were some things that a gentleman could not do. He might commit a crime of violence, but he could not do a cowardly or treacherous act. The bailiff who had trusted Boyd Westover's word of honor, knew that and risked the loss of his place upon his confidence in it. The Commonwealth's Attorney knew it and took the chance of impeachment upon it.

The net result was that on the day of his conviction Boyd Westover walked out of court an absolutely free man except in so far as he was bound by his own sense of honor and by the traditions of the race from which he was sprung. These bound him to appear in court for sentence at the end of the ten days allowed to him, and as everybody knew, the bond was amply sufficient.

Jack Towns took him in the meanwhile to his own house.

"You'll be my guest," he said, "and I'll see that we aren't interrupted."

"You still don't mind that?" Boyd asked.

For response he got an earnest look in the eyes, and the verbal answer:

"Don't be a fool, Boyd."

After a minute, Boyd asked, reflectively:

"How is it, Jack, that you and some others seem still to believe in me? In view of the evidence--"

"Hang the evidence," interrupted the lawyer. "Don't you know that character is the most important and the most trustworthy fact in life? You don't suppose for a moment that I have a doubt in your case, do you? If you do, you grievously wrong my friendship."

"How then do you account for the facts as set forth in the testimony against me?"

"What do you mean, Boyd? Are you trying to convince me that you are guilty of a crime that I know to be utterly impossible to you?"

"No. I am only trying to find out the grounds of your confidence in me, so that I may know how far to impose on them in making my arrangements for the future. That's the purport of my question, which, by the way, you haven't answered yet."

"Oh well, as to that, you're the victim of some hideous mistake. If you had let me stave off your trial for six months the chances are we should have found out what the mistake is. As it is--"

"As it is, I couldn't have lived for six months in such suspense as that. Neither could you, in like case. We're the sort of men who say to the lightning, 'Strike if you will, but don't prolong your threats.' Besides, I cannot see how this thing could have been bettered by delay. Those girls honestly believe they recognized me as an intruder in the school. They would believe that quite as firmly six months hence as now."

"Perhaps so. But six months hence not one of them would have been in Virginia to testify against you. Their friends would have taken care of that."

"Yes, I know. And I should have been suspected of securing my acquittal by spiriting away the witnesses against me. I couldn't live under so black a shadow as that."

"I understand. But all this is profitless. We have much to do to get your affairs in order. Let us address ourselves to that. First of all I've had all your mail sent up here from the hotel. Suppose you read it now, and after supper we'll set to work."

VIII

THE SHADOWS FALL