CHAPTER XI THE NAME OF THE LAW

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Don's moody face suddenly lighted up. A young woman was stepping down from one of the cars at the farther end of the train, the porter assisting her to the footstool. Now she was coming steadily along the edge of the platform, carrying in one hand a trim little bag, in the other a trim little umbrella. Now she was looking about, expectant. It was she—Anne!

His heart leaped out to her, his love rose surgingly at sight of her, sweet and beautiful as she seemed, and all so fit for love of man.

A tall young girl she was, who walked with head well up and the suggestion of tennis about her—an indefinable something of chic also about her, as indicative of physical well-being as that suggested by some of the young faces on the magazine covers of the day; which would explain why in her college Anne Oglesby always was known as "the magazine girl." She had straightforward gray eyes, a fine mouth of much sweetness. Above her forehead rose a deep and narrow ruff of dense brown hair, golden brown. Trim, yet well-appointed, she was one of those types whom unhesitatingly we class as aristocrats. A young woman fit for any higher class, qualified for any rank, she seemed—and a creature utterly apart from the crowd that now jostled her on the narrow platform.

Her eyes, too, lighted up at sight of the young man who now hurried forward to meet her, but no unseemly agitation marked her own personal conduct in public. Demure, clean, cool and sweet, all in hand, she did not hasten nor hold back.

DieudonnÉ Lane had told his mother that never yet had he kissed Anne Oglesby. Now, at sight of her and at the thought that almost at once they must part forever, a great rebellion rose in his heart. He stepped forward swiftly, impulsively, irresistibly.

He caught her quickly in his arms before all the crowd and kissed her—once. It was his great salutation to love—a salutation of great longing—a salutation which meant farewell.

She gasped, flushed rosy red, but walked straight along with him as he caught the bag from her hands. She looked up at him, astonished, yet not wholly resentful. It was no place for speech on the part of either. The dust of the street seemed naught to him or her, and as for this curious crowd, they did not chill nor offend—Anne Oglesby suddenly wished to take all the world into her arms and greet it. Anne Oglesby at that moment loved—the touch of this man's lips on hers had wrought the irrevocable, immortal, awful change.

They had not yet spoken a word, these two, at the time he left her to call some vehicle for her use. He turned and looked directly into the face of Dan Cowles, sheriff, a man whom he had never seen before, but who now reached out and laid a hand upon his shoulder. Cowles had that instant reached the station platform.

Don would have passed, but the sheriff spoke:

"I want you. Come with me."

The tempestuous blood of the young man flamed at this, but now, as he looked into the solemn face before him, he found something to give him pause.

"What's up?" he demanded. "Who are you?"

"I'm the sheriff of this county," said Cowles. "Come with me."

"What do you want?" again demanded Don. "I'm with this young lady."

"That's no difference," said Cowles.

"It must be about the Tarbush matter," said Dewdonny Lane. "I'll testify, but I know nothing of that. I'll come on over directly. This young lady is going to Judge Henderson's."

The sheriff looked at the young girl curiously. The crowd now had surged about them. Like so many cattle at the smell of blood, a strange low sound, animal-like, a sort of moan of curiosity, seemed to rise. Wide-eyed, the girl turned.

"What is it, Don?" she exclaimed. "What has happened? The Tarbush case—what do you mean?"

"I'm going to take him to the coroner's hearing, miss," said the sheriff in a low tone of voice.

"Why, you see, Anne," began Don, "the city marshal of this town was killed last night. I suppose the coroner is looking into it. It's a terrible thing—the town's all upset—haven't you heard anything of it?"

"Why, no. I left home before any of our papers came out. How did it happen?"

Don felt the sheriff again touch his arm. "Step into my car," said he, "both of you—you get on the front seat with me."

A moment later they were whirling off up the dusty street toward the central part of the town. The crowd, breaking into little groups, came hurrying on along the sidewalks, some even falling into a run in the middle of the street.

"Well, he got him!" said one citizen to another. "Quick work for the sher'ff, wasn't it? A little more and that fellow would 'a' got off on that train, like enough. That's what he was down here for. I seen him lookin' for the train."

"Yes, and that young fellow had a dangerous look on him, too," said another. "He's bad, that's what he is! Look how he showed it yesterday—right after court, too."

Each had this or that comment to make, but all followed on now toward the scenes where the further action in the drama of the day must now ensue.

Cowles pulled up on the side of the square on which Judge Henderson had his office. "You may get out here, Miss," said he. "I think you'll find the Judge in right now."

"But why—what's the reason——" she began, much perturbed, and looking at Don. "What's wrong, Don? Aren't you coming?"

"Yes, Mr. Sheriff," said Don, "let me go up with her. I'll be right on over."

The big man looked at the two, a sort of pity in his face. "I'm sorry," said he, "but you'll have to come with me right away. Tell me, are you Miss Oglesby, his kin from over Columbus way?"

"Yes, yes," said she. "I've been here before. But tell me, what does this mean—this murder? It's an awful thing, isn't it? It seems to me I remember the marshal's name—maybe I've seen him. Who did it—whom do they suspect?"

"That's what we don't know for sure," said the sheriff, "and it's what we've got to find out."

"Why, who would ever have thought it of this little town!"

"Things happen in this little town, I reckon, about the same as they do anywhere," said the sheriff.

"Don——" She turned to him once more as she stood on the pavement, he still remaining on the front seat of the car where the sheriff's hand restrained him. "Why, Don——"

But the sheriff's solemn face was turned towards her. He shook his head. An instant and the car had whirled away from the curb.

They had parted, almost before they had met!

To DieudonnÉ Lane, ignorant as he was of the cause of all this, it seemed that the final parting of all had come, and, bitterly he reflected, they had had no chance—no chance whatever—for what was due them from their love, their life itself.

Anne Oglesby, the kiss of her lover's lips still sweet and trembling upon her mouth, her own mind confused, her own heart disturbed, turned towards the dusty stair, all her senses in a whirl. And within five minutes Don Lane, very pale and much distressed, was in the front part of the little home of Joel Tarbush. The officer had brought him before Justice Blackman, the coroner, and the coroner's jury, six solemn-faced men who sat now in the front parlor which had no other occupants save the red-eyed daughter of the dead man, and save the long and shrouded figure which lay upon the couch near by.

Don Lane could not misread the hostility of the gaze turned upon him by most of these whom now he saw.

Something suddenly caught at his heart—his first feeling of fear, of uncertainty; but even this was mingled with a rage at fate, which could be so cruelly unjust to him. And always, in spite of himself, he felt his eyes turning to look, awed, terrified, upon the long thing which lay upon the couch. And always the eyes of these six men saw what he did, saw what he saw.

"This is Dewdonny Lane," said the Sheriff briefly, and himself sat down to await the progress of events.

The formalities were few. "You may be sworn," said the coroner to him—"it's just as well." Then the oath administered, Blackman began the regular questions, and Don answered steadily.

"My name is DieudonnÉ Lane. I am twenty-two years of age. I have no residence as yet. I am a graduate in engineering. I'm going to Wyoming some time this month to take up my work there."

There was a little silence in the room, and then the coroner began again:

"Where were you just now?" he asked. "We sent for you at your home."

"I was at the station—I went to meet a friend."

"What friend was it?"

Don Lane flushed red. "What difference is it? Oh, if I must answer, it was Miss Anne Oglesby, of Columbus. I went down to the train to meet her."

Sheriff Cowles nodded. "That's true," said he. "I took her up to Judge Henderson's office myself."

"What relations have you with this young lady?" asked Blackman.

"That's not the business of anyone," said Don Lane hotly.

"Do you want counsel to protect you now?"

"No, why should I? I am perfectly willing to tell all I know about the case, and that's all I can do. There's no lawyer I'd send for anyhow."

"Where were you last night at about midnight?"

"I was at the library meeting with my mother."

"When did you leave there?"

"It must have been midnight or later—oh, yes, I remember seeing the town clock as we passed through the square. That was just before one o'clock—perhaps ten or fifteen minutes. We were out late—every one was."

"Who was with you when you were going home?"

"My mother, and for a time Mr. Rawlins here—one of you gentlemen of the jury. He will know. Just as we left the library we were joined by Mr. Horace Brooks."

"Where did you go?"

"We three walked on together. It was at the second corner of the square, where Mulberry Street turns off, that Mr. Brooks left me."

Nels Jorgens, one of the jury, now spoke up. "That's true," said he. "I saw the three of them walking along the front of the square, and saw them turn in at Mulberry Street. Across from where I live I saw two people at the gate. It was a man—a tall man—and her—Aurora Lane."

"You yourself were not at the gate then?"

"No," said Don, "I had left just at the corner of the square."

"Why did you leave them?"

"Well, I wanted to have a little run before I went to bed. I'm used to taking exercise every night—I always did at college, to keep up my training."

"Where did you go when you were running?"

"I may be mistaken in the directions, but it was across the square, opposite from Mulberry Street. I turned to the right. I must have run perhaps four or five blocks, I don't know just how far it was. It was quite warm."

"Did you come into this street?"

"I don't really know."

"You didn't see anybody?"

"Not a soul. I didn't hear a sound."

"What time was that?"

"I heard the clock strike one before I turned back."

"Gentlemen of the jury," said the coroner, "it was just about that time that Joel Tarbush was killed, right here."

"That's true," said Don Lane. "It's terrible to think of—but why——"

"You heard Judge Henderson's testimony, gentlemen," went on the coroner. "He told of seeing these three people pass by on the square in front of his office stair. Just before that he had said good night to Tarbush himself. He saw Tarbush start right over this way for his home. Now, just in time to catch him before he got into his home—if a man was running fast—a man did run from the square over in this direction!"

The members of the jury remained silent. Their faces were extremely grave.

"And, gentlemen, you have heard the testimony of other witnesses here before now, stating that this witness was heard to make threats to Tarbush yesterday afternoon, right after he was dismissed from my own court upstairs. Mr. Jorgens, I believe you were there. What did this young man say after he had for the second time assaulted Ephraim Adamson—twice in one day, and entirely regardless of the rebuke of the law?"

"He said, Mr. Coroner," replied Nels Jorgens gravely, even with sadness in his face, "just when he came out of the crowd where he had left Adamson laying on the ground already—he said to Tarbush, 'You'll come next'—or I'll get you next'—something of that kind."

"Was he angry at that time?"

"Yes, Mr. Coroner, he was," said Nels Jorgens, against his will.

Ben McQuaid leaned over to whisper to Jerome Westbrook. "It seems like this young fellow comes in here with his college education and undertakes to run this whole town. Pretty coarse work, it looks like to me."

Jerome Westbrook nodded slowly. He recalled Sally Lester's look.

Of all the six faces turned toward him from the scattered little group of the coroner's jury, not more than two showed the least compassion or sympathy. Don Lane's hot temper smarted under the renewed sense of the injustice which had assailed him yet again.

"What's the game?" he demanded. "Why am I brought here? What's the matter with you people? Do you mean to charge me with killing this man? What have I done to any of you? Damn your town, anyhow—the rotten, lying, hypocritical lot of you all!"

"The less you say the better," said the coroner; and the sheriff's steady gaze cautioned Don Lane yet more.

"Now, gentlemen," went on Blackman, "we have heard a number of witnesses here, and we have not found any man here that could bring forward any sight or sound of any suspicious character in this town. There hasn't been a tramp or outsider seen here, unless we except this young man now testifying here. The man on whose body we now are a-setting hadn't a enemy in this town, so far as has been shown here—no, nor so far as anyone of us knows. There has been no motive proved up here which would lead us to suspect anyone else of this crime."

Ben McQuaid once more leaned over to whisper to his seat-mate: "It's a likely thing a man would be running for his health, a night like last night, when he didn't have to! Ain't that the truth?"

The coroner rapped with his pencil on the table top. He was well filled with the sense of his own importance. In his mind he was procureur-general for Spring Valley. And in his mind still rankled the thought of the fiasco in his courtroom but the day before, in which he had made so small a figure.

"I want to ask you, Mr. Cowles," he said, turning to the sheriff, "if you ever have seen this young man before."

"Only once," said the sheriff, standing up. "Last night or this morning, just after the clock had struck one—say, two or three minutes or so after one o'clock—I was going out of my office and going over to the east side of the square. I met this young man then. As he says, he was running—that is, he was coming back from this direction, and running toward the southeast corner of the square, the direction of his own home."

"Was he in a hurry—did he seem excited?"

"He was panting a little bit. He was running. He didn't seem to see me."

"Oh, yes, I did," said Don. "I remember you perfectly—that is, I remember perfectly passing some man in the half darkness under the trees as I came along that side of the square. As I said, it was warm."

"Now, gentlemen, we have thought it over for a long time," said the coroner, after a solemn pause. "We must bring in our verdict before long. It must either be 'party or parties unknown,' or we must hold someone we do suspect.

"We have had no one here that we could suspect until now. Take this young man—he is practically a stranger. He proves himself to be of violent and ungovernable temper. Allowed to go once from the justice of the law, he forgets that and goes violent again. He assaults a second time one of our citizens, Mr. Adamson. He resists arrest once by a officer of the law, and in the same afternoon he threatens that officer. He says, 'I'll get you.'

"This young man is seen just before one o'clock running over in this direction. Just a little ahead of him the victim of this crime was seen walking. He was killed, as his daughter testifies, somewhere just about one o'clock—it was at that time that he staggered into the house here.

"Just after one o'clock this young man is seen running—one of the hottest nights we have had this summer—running away from the scene of the crime, and toward his own home.

"I don't want to lead your own convictions in any way. I am willing to say, however, that if we have not found a man to hold for this crime, then we ain't apt to find him!"

"But, gentlemen, you don't mean"—poor Don began, his face pale for the first time, a sudden terror in his soul—"you can't mean that I did this!"

But he gazed into the faces of six men, upon whom rested the duty of vengeance for the wrong done to the society which they represented. Of these six all but two were openly hostile to him, and those two were sad. Rawlins, minister of the Church of Christ; Nels Jorgens, the blacksmith—they two were sad. But they two also were citizens.

"This witness," went on Coroner Blackman, "has in a way both abused us and defied us. He said he was not on trial. That is true. We can't try him. All we can do is to hold any man on whom a reas'nable suspicion of this crime may be fixed. We could hold several suspects here, if there was that many. All we do is to pass the whole question on to the grand jury when it meets here. That's tomorrow morning. Before the grand jury any man accused can have his own counsel and the case can be taken up more conclusive. So the question for us now is, Shall we call it 'party or parties unknown,' or shall we——"

Don Lane dropped into a seat, his face in his hands, in his heart the bitter cry that all the world and all the powers of justice governing the world had now utterly forsaken him. The sheriff rose, and taking him by the arm, led him into another room.

In ten minutes a half-dozen reporters, trooping up from the train and waiting impatiently at the outer door, knew the nature of the verdict: "We the jury sitting upon the body of Joel Tarbush, deceased by violence, find that deceased came to his death by a blow from a blunt instrument held in the hands of DieudonnÉ Lane."


                                                                                                                                                                                                                                                                                                           

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