CHAPTER XLIII. JUSTICE, SACRIFICE, DEATH.

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And there is confusion in the court room.

Mr. Rand bounds angrily to his feet, then reseats himself suddenly, and without opening his lips.

As they bear Frank Lamotte from the room, O'Meara's voice rises and rings clear above the buzz and bustle:

"That witness must not be permitted to leave the court."

Then he stands gazing about him like a small, rampant lion; his eyes flashing, his nostrils quivering, his whole manner betokening that he is warming to his work.

Presently the room is quiet again, and O'Meara addresses the court:

"Your honor, and gentlemen; I have been successful beyond my expectations. You see what a guilty conscience can do. I wished to convince this court that my client has enemies in W——; powerful, unsuspected, enemies. I wished also to demonstrate to Mr. Rand, how easy it is to obtain circumstantial evidence. The witness may recover at his leisure. I have nothing more to say to him."

While he is speaking, Mr. Lamotte and Doctor Benoit, who had hastened out to attend upon Frank, re-enter, and resume their places, the former looking harassed and uneasy, the latter, bland as ever, and nodding an assurance that the patient is recovering safely.

"My next witness," says O'Meara, "is private detective Jerry Belknap; but, before this gentleman is sworn, I desire the clerk to read aloud, very loud, the testimony lately given by Mr. Jasper Lamotte. I want Mr. Lamotte's testimony to be fresh in the minds of the jury when they listen to Mr. Belknap."

Strive as he will, Jasper Lamotte can not wear a look of entire unconcern, although his self-control is marvellous.

What does Jerry Belknap know concerning this case? Why is he here as a witness? Mr. Lamotte is speedily enlightened.

While the clerk reads his recent testimony, Jerry Belknap takes his place upon the stand. Not the Belknap Jasper Lamotte has known; not the Belknap of Constance Wardour's recollection; but Jerry Belknap, in propria persona, shorn of all disguise.

He is a man well up in his thirties, medium in height, slender in person, with a dark, smooth shaven face, keen, restless eyes, black, closely cropped hair.

The clerk having finished the reading, Mr. O'Meara addresses the witness with marked courtesy.

"Mr. Belknap, you have heard the reading of Mr. Lamotte's testimony. You have heard Mr. Rand say that two important witnesses are absent, namely, a certain Brooks, and Mrs. Nance Burrill. You have heard Mr. Lamotte say that he knows nothing of the whereabouts of Nance Burrill, that he knows nothing of Brooks.

"Now, as Mr. Lamotte can not enlighten us, and as the attorney for the prosecution is very anxious about these two witnesses, will you just tell the court what you know of Mr. Brooks, and Nance Burrill, as connected with this case?"

Jerry Belknap bows to O'Meara, bows to the Court, wipes his mouth with a white silk handkerchief, and begins:

"I came to W—— on professional business, and, having obtained permission, through Mr. O'Meara, I may state here what that business was.

"I came on behalf of Miss Wardour, to investigate the noted diamond robbery. I have been in and about W—— for some time, but always in disguise, this being the first time my real face has been visible.

"Not long ago a stranger accosted me and put into my hands a letter. The letter bade me follow the instructions of the bearer of the same without fear, or question. Now Mr. Bathurst commands me at all times, and like a good soldier I obeyed my superior officer. I placed myself under the orders of Mr. Bathurst's deputy, who is himself a clever detective, and this is what he told me:

"Mr. Bathurst had been operating in W—— for weeks, under my very nose, and, although I knew him, and am called a tolerable detective, I never found him out. He knew me, however, from the first, knew me all along, although I, several times, changed my disguise. His disguise was too perfect, and he is too good an actor, ever to betray himself.

"That disguise having served his purpose, and having been thrown aside for good, I can safely comply with Mr. O'Meara's request and oblige the gentleman for the prosecution.

"The missing witness known as Brooks, the red-headed drunken mechanic, was officer Bathurst and none other."

Again there is a buzz in the court room.

The prisoner turns upon his counsel a look of profound wonder.

Constance clasps her hands delightedly and begins to brighten with hope.

Jasper Lamotte wears a look of consternation.

"Mr. Bathurst's instructions were brief," resumes Mr. Belknap after a moment's pause. "I was to present myself to Mr. Lamotte under some pretext of business. I am slightly known to Mr. Lamotte through my connection with the Wardour case and could approach him without creating suspicion. I was to accept any commissions he might wish me to execute.

"I presented myself to Jasper Lamotte; he had a piece of work for me. He told me that he had good reasons for wishing the woman Nance Burrill out of the town; he wished her no harm, but she was in his way. If I would get her away, on some pretext, he would pay me well. Acting under instructions, I approached the woman, making her acquaintance easily through her little boy. She is very ignorant and very foolish. I displayed a little money, offered her a profitable situation in New York, paid her a month's wages in advance and took her and her child to the city, where I hired a small furnished cottage, and installed her as housekeeper. Not being informed that her evidence was wanted on this occasion she is there still."

When Jerry Belknap began his story, Jasper Lamotte had drawn nearer to the prosecuting attorney, and, before the story was done, a slip of paper had made its way into the hands of the latter gentleman, bearing these words:

"For God's sake don't cross-examine that witness."

Consequently, in response to O'Meara's unnecessarily polite query, "Will the attorney for the prosecution be pleased to cross-examine this witness?"—Mr. Rand only scowled over at his antagonist, and shook his head savagely.

"This, I trust," begins O'Meara, before the last witness is fairly seated, "sufficiently explains the absence of these two important witnesses. It would seem that the absence of one at least was more important than her presence. Mr. Lamotte, at least, should be grateful. He desired Nance Burrill's absence; she is not here; and as no summons was issued for this woman—either by the prosecution or defense, no one can accuse me of hampering the progress of the law, and of this honorable court."

Mr. Rand bounds up, fire in his eye.

"It may not be rulable nor dignified," he begins hotly, "but I demand a moment's hearing. This whole trial has been irregular, from first to last.

"The gentleman brings forward an honorable witness from over the water; a witness who brings out the accused in a new character; covers him with a blaze of glory; this is very good, and very theatrical. Let us grant that the accused is Sir Clifford Heathercliffe. Does that alter the fact that John Burrill went straight to his door, straight to the door of his sworn enemy, and was never again seen alive. He seeks to implicate Frank Lamotte, and to impeach the integrity of Jasper Lamotte, an honorable gentleman, against whom there was never yet a breath of suspicion. It will not alter the facts in the case. Clifford Heath's enemy was found dead close by Clifford Heath's door! He has blackened the character of the dead; he has struck hard at the honorable living. He has flooded the court with the testimony of mysterious strangers; he has suppressed known witnesses; he has worked his will with us. But he has not disproved one item of evidence; he has not changed one fact or phase of the case. Let us grant all he has proven, what have we left? The unalterable facts, that the prisoner has repeatedly threatened his victim; that the murdered man set out to visit the prisoner, at night, through the darkness, and was found early the following morning, before the body could be removed to a safer hiding place, his face covered by the prisoner's own linen; his gaping wounds giving evidence of a practiced hand; the prisoner's knife buried with him; the key of the prisoner's office or house lying beside the shallow grave. Facts tell, gentlemen; these are facts."

These words rush from his lips torrent like.

He has turned to face the jury and so does not see that O'Meara has lounged back to his seat, with an air of perfect unconcern, and that he is actually signaling the judge not to stay this whirlwind; a proceeding which so astounds that official, that for full five minutes the tide of speech flows on, lava like.

On the audience, it has a startling effect. He is speaking the truth. He is reiterating facts, and facts are sure of instant recognition by our Yankee countrymen.

A thrill runs through the assembly; there comes one of those sudden revulsions of feeling, common to scenes like this. Sir Clifford Heathercliffe disappears from before their dazzled vision; what they see, in the light of stern facts, is Clifford Heath, the murderer.

"These are facts," reiterates Mr. Rand, excitedly. "Who has seen this wonderful Bathurst, with his bundle of testimony? Who knows the man? Why is he not here in court? Where is he?"

"Here!"

Clear and full the voice rings over the room, transfixing for one moment the entire court; then the gavel descends; order is commanded with double unction, because of the recent lapse. Mr. O'Meara is on his feet; Mr. Rand's impromptu speech is at an end.

"More theatricals," snarls Mr. Rand, flinging himself violently down into his seat.

But no one heeds him; all eyes are fixed upon the new comers.

Near the door of the court room they stand grouped close together.

Mr. Wedron, dignified and placid as usual.

Mrs. Lamotte, with head proudly poised, and eyes that seem wells of pent-up anguish.

Evan Lamotte, looking like a lost and almost disembodied spirit.

Frank Lamotte, who during the time Mr. Belknap has occupied in giving his testimony, has quietly re-entered the room, seeming to have recovered, and looking almost composed, looks with the rest, and is once more, for a moment, startled out of all semblance of calmness; he starts up from his seat, then sinks back weakly, a desperate hunted look in his eyes, his hands clenched and working nervously.

They came slowly forward—Evan Lamotte, supported on either side by his mother and the soi-disant Mr. Wedron, of the New York Bar.


They come slowly forward.


They pass so close that the lady's trailing silks brush against the feet of Jasper Lamotte, but she never vouchsafes a glance to husband or son, and Evan's eyes are set straight before him, fixed on vacancy—unseeing orbs of fire, set in a spectral face.

Presently, they are seated near the group gathered about the prisoner, and then Mr. Wedron confers with Mr. O'Meara.

As they talk, the little lawyer's face becomes grave, even to sadness, and when he rises to address the Court, his tone is subdued, his manner that of one performing a painful task.

"May it please the Court," he says, slowly, "the witnesses for whom I waited have come. As one of them is just recovering from a serious illness, Mr. Bathurst has thought it best that a reliable physician should certify to his perfect ability to testify at this time. Let Doctor Benoit be sworn."

It is done, and in the same grave and subdued manner Doctor Benoit bears witness, as follows:

"I have been in attendance at Mapleton for some weeks past. Evan Lamotte has been one of my patients. He has been very ill, and delirious almost constantly. It is less than a week since he entirely recovered his reasoning faculties. To-day, at the request of Mr. Wedron, I subjected him to various tests, and I freely pronounce him perfectly sane—as sane as any here in this court room. If any one is inclined to question my statement, I shall desire Professor Harrington and Doctor Gaylor to examine the witness."

There is profound silence for a moment, then O'Meara says, quietly:

"Will Detective Bathurst take the stand?"

The gentleman who has become known to many in W—— as Mr. Wedron, of the New York Bar, left his place near Evan Lamotte, and came quietly forward. Having been duly sworn, Mr. O'Meara said:

"Mr. Bathurst, you have been connected with this case from the first. Tell us what you have discovered, in your own way."

The detective bowed, took off a pair of gold-rimmed eye-glasses, and turned upon the court a pair of bright, piercing, handsome, dark blue eyes, that proved themselves capable of numberless expressions.

"My name is Neil J. Bathurst," he began, "and I am a detective. I came to W—— for the first time early in the summer—in June, I believe. I came on professional business. To my surprise, and quite by accident, I found Sir Clifford Heathercliffe here in the character of Doctor Heath. My business in W—— was in no way connected with Sir Clifford, but before I left the town, which was on the third day after my arrival, I became aware that he had an enemy here. I left W—— to return in a short time, and I figured among the factory people as Brooks, the drunken mechanic. Mr. Lamotte employed me twice and twice discharged me because of my intemperance. I became quite intimate and friendly with John Burrill, and succeeded in gaining his confidence. I was also on good terms with Nance Burrill, John Burrill's divorced wife, and I learned a good many things from her.

"Early in the autumn it came to my knowledge that Sir Clifford's enemies had begun to move, that a plan was on foot against him. About this time I discovered that several people needed looking after, and I sent for a boy shadower. He came, and did his work well. He is not here, because his testimony is not needed.

"You will understand that I had now more than one operation on my hands. I was still engaged upon the case which first brought me to W——, and I was intent upon frustrating the designs of Sir Clifford's enemies. He, Sir Clifford, was not aware of my presence in W——, and he was likewise ignorant of the plot against him.

"Early in November, I found it expedient to appear in W—— in a new character. Brooks had done his work. Accordingly, I, as Brooks, set out for the city one morning, leaving my shadower in charge of the field. Jasper Lamotte went to the city by the same train, and, singular coincidence, he came back on the train which brought me. I returned, as Mr. Wedron, an attorney, and I brought with me an assistant (for the plot was thickening fast), who assumed the character of a book peddler. I was absent only two days, but, during that time, the entire drama had undergone a transformation.

"Before I had been half an hour in W——, I had received the report of my shadower; it was startling. John Burrill had been murdered. Here was a disappointment. I had fully intended that Burrill should do some honest work in the State penitentiary, and was almost prepared to make some arrests. I attended the inquest, and was again discomfited. The enemies of Sir Clifford had abandoned their first infamous scheme for his ruin, and had succeeded in fastening this miserable crime upon him. Standing there in the presence of all the actors in the tragedy, and listening to the witnesses before the coroner, I decided what course to pursue. I would make my other operations a secondary affair, and devote myself to the task of finding John Burrill's murderer. I presented myself to Mr. O'Meara, and made known my identity; we decided to act together, and at once set to work.

"I knew that Francis Lamotte was Sir Clifford's secret enemy, and, naturally, I began to study him, and to watch him. You have heard his testimony to-day, and you know how easy it would have been for him, first to follow and to kill John Burrill, and next to cast suspicion upon an innocent man. I could prefer a charge against him, and bring some circumstantial evidence to back it; but this would not vindicate Sir Clifford, and would complicate affairs very much. What I wanted, was proof positive, absolute. So I waited, and studied the case. Of one thing I was assured; Francis Lamotte, whether guilty or innocent, knew more of that murder than he chose to tell.

"One day, while in conversation with Miss Wardour, I chanced to mention the name of Evan Lamotte, adding something not complimentary to that young gentleman. Miss Wardour took fire at once. She assured me that Evan Lamotte was not what people sought to make him; that in spite of his weaknesses, he had many noble and lovable qualities. She told me how he came to her when the first shock of his sister's flight was upon him; she described, vividly, his passion, his sorrow, his love for his sister. He spoke of her as the only being on earth whom he truly loved, the only one who had been unvaryingly kind to him. He cursed the destroyers of his sister's happiness, and implored Miss Wardour not to abandon that unfortunate sister. He said that he believed she would return, and he implored her to visit his parents, and intercede in behalf of the fugitive.

"Miss Wardour gave him the required promise, and then said that if the real reason for this strange elopement must remain a secret, she wished they could hit upon some explanation that would spare the fugitive as much as possible, and satisfy the gossips. Instantly he sprang up, declaring that he would furnish a reason, a reason that no one would question, and that would spare his sister.

"A few days later, the story was flying about W——, that to save her brother Evan from the consequences of some evil deed, Sybil Lamotte had sacrificed herself.

"When Miss Wardour heard of this, she knew that Evan Lamotte had allowed himself to be defamed for his sister's sake. She knew that the true reasons for her friend's mesalliance was hidden safely beneath a brother's sacrifice.

"Miss Wardour told me this, and much more, in praise of Evan Lamotte; and here, for his sake, let me say, that in studying John Burrill and Francis Lamotte, I had discovered that Sybil Lamotte had been made to believe, that the honor and safety of her father and elder brother, depended upon her sacrifice, when the truth is, that she was sold. Simply sold—for their convenience, and their gain.

"You have looked upon Jasper Lamotte as an honorable citizen. On the day of John Burrill's funeral, I resumed my old disguise, that of Brooks, and went to Mapleton; I told Mr. Lamotte that I had come as a friend of his, and of Burrill's, to warn him, that if Nance Burrill was allowed to remain in W——, she would be brought forward at this trial, and give damaging evidence against his dead son-in-law.

"I remained in the library with him some fifteen minutes. My errand was a trap, and he fell into it. What followed, Mr. Belknap has already told. In the presence of this court, Jasper Lamotte has perjured himself. Let the officers of the law keep this fact in mind.

"Now, to return to my witness. When I heard Miss Wardour's glowing vindication of Evan Lamotte, I said to myself, 'Here is the right person. Evan Lamotte is the one who can clear up this mystery.' It was clear as day to my eyes.

"It was necessary that I should see him, but I very soon learned that he was lying at his home dangerously ill, and quite out of his senses. There was nothing to do but to wait. I made the acquaintance of Doctor Benoit, and from him I obtained daily news of his patient.

"At the eleventh hour, when I had begun to despair of his recovery, the doctor reported the patient restored to his senses. I then told him, Doctor Benoit, that the very moment Evan Lamotte was able to listen, and to talk rationally, I must see him. That the case was one of life and death.

"This day, at the very hour when the trial was called, I set out for Mapleton; I saw Evan Lamotte; I told him that Clifford Heath was on trial for the murder of John Burrill; and that the chances were against him.

"It is not necessary to repeat all that passed between us, the result is, that Evan Lamotte comes into this court of his own free will and accord, and it is his desire that he be allowed to tell his own story.

"He comes here freely, willingly, asking nothing, hoping nothing, and when this audience has heard his testimony, they will join me in pronouncing him the noblest Lamotte of them all."

There is a look so weird, so unearthly, in the eyes of Evan Lamotte, as he comes forward and turns his face slowly upon the audience, so that all can see its ghastly contrast with those burning orbs, that a startled hush falls upon them all, a funereal silence pervades the room.

They seem to note for the first time, what a solemn thing is the oath, which Evan takes with voice, hollow and weak, but calm and fall of decision.

His breath comes in short gasps, his sentences are broken, the fatigue caused by his effort to speak is evident. But he goes on to the end, and this is what he says:

"When I learned that my sister's life had been ruined, I was a madman; I did not know for a time why she had thus thrown herself away, but I determined that I would know, and I set myself to spy upon my own family.

"If the detective had not told you this truth I should withhold it now, for we all have a sufficient burden of shame upon us.

"I watched and I listened and I learned why Sybil had been sacrificed.

"At first I thought I would openly assault Burrill, would compel him to resist and would make his life as uncomfortable as possible; I was a madman.

"Constance Wardour told me it was not the way to help Sybil; that such a course would only cause her added sorrow. When I grew calmer I saw that Conny was right. I promised her to do nothing that would add to my poor sister's unhappiness.

"By and by they came home, and I saw the misery in my sister's face; day by day it deepened, her eyes growing hollow and wild, and full of unutterable horror and fear, her face growing paler and thinner, and sadder, her hands so weak and tremulous, all appealed to me, all maddened me afresh. I resolved that in some way I would free her. But how?

"Day after day I brooded upon it. Burrill became more bestial, more besotted, more contemptible, every day. My sister's strength was almost gone, her reason was tottering.

"I began to cultivate Burrill. I flattered him; I caroused with him. I had sunk so low myself that he could feel at ease with me. But drunk or sober I never once forgot a resolve I had taken. Matters were going from bad to worse. It must be Sybil's life or his. I resolved that it should not be my sister who was sacrificed.

"When I found that no more time could be wasted, I laid my plans. I feigned illness and kept my room for several days.

"Burrill came daily to see me. I told him that I had some rare new fun in my head, and we planned that I should feign to be worse than usual. Burrill knew that our people had made efforts to stop our nocturnal expeditions, and he agreed with me that the thing should be kept secret. On that last night he left the house early, saying that he would spend a couple of hours at 'Old Forty's,' and then meet me at a place appointed.

"At nine o'clock I stole out, and no one at Mapleton discovered my absence. I did not intend that they should. I waited at the place appointed for our meeting until I grew impatient. The time came for him to appear; he did not come. I knew where I should find him, and set out for 'Forty Rods.' I was determined to let that night end Sybil's troubles.

"Half way between the saloon and Doctor Heath's I saw him. He passed close to me, as I came up from Mill avenue, and reeled across the road. He was not going toward our rendezvous, but away from it.

"I followed stealthily. I did not make my nearness known. I think he was too drunk to know where he was going or where to stop. He reeled past Doctor Heath's house, and was nearly opposite the gate of the empty lot before he discovered that he had gone too far.

"He turned, and while he leaned against the fence and seemed to ponder, I crept upon him, knife in hand; I struck him, once, again, a third time. He uttered one groan loud enough to have been heard some distance away, and then fell heavily. I had struck home. When I was sure that he was dead—I seemed to know just how to act—I ran to the gate of the Burns' lot and opened it wide. The body was twice my weight but I dragged it inside before my strength gave out.

"Then, for a while, I seemed panic stricken. What should I do with that body? By and by, I thought of a way to get help. I waited until midnight, then I made my way to Mapleton, all blood stained, and carrying the knife with me. Unseen I entered and gained Frank's room. He was up and pacing the floor; I told him to follow me. He saw my blood-stained hands and garments; I opened my coat and displayed the knife, and he obeyed me. I told him what I had done, and that he must help me conceal the body. For a moment he seemed stunned, and then he assisted me with surprising readiness; he planned everything; in fact, took the lead from that moment. I thought he was working to save his brother. The detective has told me the truth, and abjured me to tell all I know.

"Frank left me at the foot of the stairs leading to Heath's office. When he came down he seemed much excited, and hurried on very fast. We scooped out a grave in the cellar, as best we could in the dark, Frank working actively. He told me to take my knife and throw it into the old well—if you look you will find it there. While I was doing it, he must have put the other knife in the grave. When I came back he had covered the face with something white. I did not think about it at the time; now I know that it was Doctor Heath's handkerchief.

"Doctor Heath is an innocent man. I killed John Burrill; I am here to accept the consequences. I did the deed to save my sister. I do not regret it."

Then, turning toward the place where Frank Lamotte sits, cowering and panic stricken, he stretches out one spectral hand and says:

"Frank! Frank Lamotte, do the only thing left you to do; stand up and say that I have spoken the truth. Let us end this at once, Frank!"

Like one roused from some strange stupor, Frank staggers to his feet.

"It is all true!" he gasps. "Evan has told nothing but the truth." Then he falls back in his seat more dead than alive.

To describe the triumph of O'Meara; the mingled pity and gladness that fills the heart of Constance; the rejoicings of Clifford Heath's friends, one and all; the misery and the shame that overwhelmed the Lamottes, would be useless.

The excitement of the audience, judge and jury, can be imagined better than described.

The tragic farce is at an end. The case is given to the jury. Without quitting their places, they return their verdict. Clifford Heath is not guilty; is honorably acquitted.

Exhausted by his recent effort, Evan Lamotte is carried from the court room, closely attended by his mother; is carried to the cell where lately Clifford Heath has dwelt a prisoner, while the latter is escorted in triumph, to O'Meara's, by all his rejoicing friends.

As the procession of conquerors moves away from the entrance, an officer approaches Jasper Lamotte.

"Mr. Lamotte, I am very sorry, sir, but you must consider yourself my prisoner."

Jasper Lamotte bows coldly, and signals the man that he will follow him.

The officer turns to Frank, but before he can open his lips, the miserable young man steps back, makes one quick movement; there is a flash, a loud report, and Frank Lamotte falls forward, to be caught in the arms of a by-stander.


They lay him gently down, and Jasper Lamotte bids them send for a physician; there must be one very near.

But Frank beckons his father to come close, and when the others have drawn back, this is what the father hears, from the son's lips:

"There is another—pistol in—my pocket—I meant it for Evan,—you—had better—use it."

Horrible words from the lips of a dying son. They are his last. Before Doctor Benoit can turn back and reach his side, Frank Lamotte has finished his career of folly, and sin, and shame, dying as he had lived, selfishly, like a coward.


                                                                                                                                                                                                                                                                                                           

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