C HAPTER XXXI.

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"All her bright hair streaming down,
And all the coverlid was cloth of gold
Drawn to her waist, and she herself in white
All but her face, and that clear-featured face
Was lovely, for she did not seem as dead,
But fast asleep, and lay as though she smiled."
Tennyson.

EXTRACT FROM THE NEW YORK "MARS."

"The following details in relation to the terrible crime with whose main facts our readers are familiar will be of interest at the moment. They were collected by our special reporter, sent in person to the scene of the tragedy, for the purpose of gathering reliable information concerning this case, which promises to be one of the causes cÉlÈbres of the country, not only on account of the high position and wealth of the parties concerned, but also on account of the close net of purely circumstantial evidence which surrounds the accused man.

"TIMLOESVILLE

is a small village on the border-line between Pennsylvania and Maryland. Legally in Pennsylvania, it possesses personally the characteristics of a Maryland village, some of its outlying fields being fairly over the border. It is credited with about two thousand inhabitants; but the present observer did not see, during his stay, more than about one thousand, including women and children. Timloesville is on a branch railway, which connects with the main line at a junction about thirty miles distant. It possesses two churches and a saw-mill, and was named from a highly esteemed early settler (who may perhaps have marched with our great Washington), Judge Jeremiah Timloe. The agricultural products of the surrounding country are principally hay and maize—wrongly called corn. The intelligence and morality of the community are generally understood to be of a high order. A low fever prevails here in the spring.

"TIMLOE HOTEL.

"At the southern edge of the town, on the line of the railway, stands the Timloe Hotel, presenting an imposing faÇade to the passengers on the trains as they roll by. It is presided over in a highly liberal and gentlemanly manner by Mr. Casper Graub; it is, in fact, to the genial courtesy of 'mine host' that much of this information is due, and we take this occasion also to state that during all the confusion and excitement necessarily accruing to his house during the present week, the high standard of Mr. Graub's table has never once been relaxed.

"MR. GRAUB'S STORY.

"An army officer, with his right arm in a sling, arrived at the Timloe Hotel, accompanied by his wife, and a maid or nurse named Bagshot, on the evening of June 10, at six o'clock precisely. The officer registered the names as follows: 'Ward Heathcote, Mrs. Heathcote and maid, New York.' He wrote the names with his left hand. A room was assigned to them in the front part of the house, but upon the lady's objecting to the proximity of the trains (generally considered, however, by the majority of Mr. Graub's guests, an enjoyable variety), another apartment in a wing was given to them, with windows opening upon the garden. The wing is shaped like an L. The maid, Bagshot, had a room in the bend of the L, she too having objected, although later, to the room first assigned to her. At half past six o'clock they had supper; the lady then retired to her room, but the husband went out, as he said, to stroll about the town. At half past eight he returned. At nine, Bagshot, having been dismissed for the night, went to her own room; when she left, Captain Heathcote was reading a newspaper, and his wife was writing. It has since been ascertained that this newspaper was the Baltimore Chronos of the 9th inst. At ten o'clock exactly Captain Heathcote came down stairs a second time, passed through the office, and stopped to light a cigar. Mr. Graub noticed that he was able to use his left hand quite cleverly, and asked him whether he was naturally left-handed; Captain Heathcote answered that he was not, but had learned the use only since his right arm had been disabled. Mr. Graub, seeing him go toward the door, thought that it was somewhat singular that he should wish to take a second walk, and casually remarked upon the warmth of the evening. Captain Heathcote replied that it was for that very reason he was going out; he could not breathe in the house; and he added something not very complimentary to the air (generally considered unusually salubrious) of Timloesville. Mr. Graub noticed that he walked up and down on the piazza once or twice, as if he wished to show himself plainly to the persons who were sitting there. He then strolled away, going toward the main street.

"THE OUTSIDE STAIRWAY.

"As before mentioned, the second room given to Mrs. Heathcote was in a wing. This wing is not much used; in fact, at the time, save this party of three, it had no occupants. It is in the old part of the house. A piazza or gallery runs across a portion of the second story, to which access is had from the garden by a flight of wooden steps, or rather an outside stairway. This stairway is old and sagged; in places the railing is gone. It is probable that Mrs. Heathcote did not even see it. But Captain Heathcote might have noticed it, and probably did notice it, from the next street, through which he passed when he took his first walk before dark.

"MRS. BAGSHOT'S TESTIMONY.

"As we have seen, Captain Heathcote left the hotel ostentatiously by the front entrance at ten o'clock. At eleven, Mrs. Bagshot, who happened to be looking from her window in the bend of the L, distinctly saw him (her candle being out) stealing up by the outside stairway in the only minute of moonlight there was during the entire evening, the clouds having suddenly and strangely parted, as if for that very purpose. She saw him enter his wife's room through one of the long windows which opened to the floor. In about a quarter of an hour she saw him come forth again, close the blind behind him, and begin to descend the stairway. As there was no longer any moonlight, she could only distinguish him by the light that shone from the room; but in that short space of time, while he was closing the blind, she recognized him beyond the possibility of a doubt.

"THE NIGHT PORTER'S TALE.

"A little before midnight, all the hotel entrances being closed save the main door, Captain Heathcote returned. As he passed through the office, the night porter noticed that he looked pale, and that his clothes were disordered; his shirt cuffs especially were wet and creased, as though they had been dipped in water. He went up stairs to his room, but soon came down again. He had knocked, but could not awaken his wife. Would the porter be able to open the door by turning back the key? His wife was an invalid; he feared she had fainted.

"THE TRAGEDY.

"The night porter—a most respectable person of Irish extraction, named Dennis Haggerty—came up and opened the door. The lamp was burning within; the blinds of the window were closed. On the bed, stabbed to the heart, apparently while she lay asleep, was the body of the wife.

"DUMB WITNESSES.

"Red marks were found on the shutter, which are pronounced by experts to be the partial print of a left hand. On the white cloth which covered the bureau is a slight impression of finger-tips, also belonging to a left hand. These marks are too imperfect to be relied upon in themselves, save that they establish the fact that the hand which touched the cloth and closed the shutter was a left hand.

"AN IMPROBABLE STORY.

"Captain Heathcote asserts that he left the hotel at ten, as testified, to smoke a cigar and get a breath of fresh air. That he returned through the garden at eleven, and seeing by the bright light that his wife was still awake, he went up by the outside stairway, which he had previously noted, entered the room through the long window to tell her that he was going to take a bath in the river, and to get towels. He remained a few minutes, put two towels in his pocket, and came out, going down the same stairway, across the garden, and along the main road to the river. (A track, however, has been found to the river through the large meadow behind the house.) At the bend where road and river meet, he undressed himself and took a bath. The disorder in his clothing and his wet cuffs came from his own awkwardness, as he has but partial use of his right arm. He then returned by the road as he had come, but he forgot the towels. Probably they would be found on the bank where he left them.

"THE TOWEL.

"No towels were found at the point named. But at the end of the track through the grass meadow, among the reeds on the shore, a towel was found, and identified as one belonging to the hotel. This towel is stained with blood.

"THE THEORY.

"The theory at Timloesville is that Heathcote had no idea that he would be seen when he stole up that outside stairway. He knew that the entire wing was unoccupied: a servant has testified that she told him it was; and he thought, too, that the maid Bagshot had a room in front, not commanding the garden. Bagshot says that the room was changed without his knowledge, while he was absent on his first walk. He supposed, then, that he would not be seen. He evidently took Mrs. Heathcote's diamond rings, purse, and watch (they are all missing) in order to turn public opinion toward the idea that the murder was for the sake of robbery. He says that a man passed him while he was bathing, and spoke to him; proof of this would establish something toward the truth of his story. But, strangely enough, this man can not be found. Yet Timloesville and its neighborhood are by no means so crowded with inhabitants that the search should be a difficult one.

"It may be regarded as a direct misfortune in the cause of justice that the accused heard any of Bagshot's testimony against him before he was called upon to give his own account of the events of the evening. And yet his confused, contradictory story is another proof of the incapacity which the most cunning murderers often display when overtaken by suspicion; they seem to lose all power to protect themselves. If Captain Heathcote had denied Bagshot's testimony in toto, had denied having ascended the outside stairway at all, his chances would have been much brighter, for people might have believed that the maid was mistaken. But he acknowledges the stairway, and then denies the rest.

"HIS MOTIVE.

"But how can poor finite man detect so obscure a thing as motive? He must hide his face and acknowledge his feebleness when he stands before this inscrutable, heavy-browed, silent Fate. In this case, two solutions are offered. One, that the wife's large fortune was left by will unconditionally to her husband; the other, that Mrs. Bagshot will testify that there was jealousy and ill feeling between these two, linked together by God's holy ordinance, and that this ill feeling was connected with a third person, and that person—a woman."

EXTRACT FROM THE NEW YORK "ZEUS."

"Mrs. Heathcote was apparently murdered while asleep. When found, her face wore a natural and sweet expression, as though she had passed from slumber into death without even a sigh. The maid testifies that her mistress always removed her rings at night; it is probable, therefore, that they, together with her purse and watch, were on the bureau where the marks of the finger-tips were found.

"We refrain at present from comment upon the close circumstantial evidence which surrounds this case; the strong hand of the law will take hold of it at the proper time, and sift it thoroughly. Meanwhile the attitude of all right-minded persons should be calm and impartial, and the accused man should be held innocent until he is proven guilty. Trial by newspaper is one of the notable evils of our modern American system, and should be systematically discountenanced and discouraged; when a human life is trembling in the balance, the sensation-monger should be silenced, and his evil wares sternly rejected."

This negative impartiality was the nearest approach to friendliness which the accused man received from the combined newspaper columns of New York, Baltimore, and Washington.

The body of poor Helen was brought home, and Miss Teller herself arrayed her darling for her long repose. Friends thronged to see her as she lay in her luxurious drawing-room; flowers were placed everywhere as though for a bridal—the bridal of death. Her figure was visible from head to foot; she seemed asleep. Her still face wore a gentle expression of rest and peace; her small hands were crossed upon her breast; her unbound hair fell in waves behind her shoulders, a few strands lying on the white skirt far below the slender waist, almost to the feet. The long lashes lay upon the oval cheek; no one would ever see those bright brown eyes again, and find fault with them because they were too narrow. The lithe form was motionless; no one would ever again watch it move onward with its peculiar swaying grace, and find fault with it because it was too slender. Those who had not been willing to grant her beauty in life, gazed at her now with tear-dimmed eyes, and willingly gave all the meed of praise they had withheld before. Those who had not loved her while she lived, forgot all, and burst into tears when they saw her now, the delicately featured face once so proud and imperious, quiet forever, grown strangely youthful too, like the face of a young girl.

Miss Teller sat beside her darling; to all she made the same set speech: "Dear Ward, her husband, the one who loved her best, can not be here. I am staying with her, therefore, until she is taken from us; then I shall go to him, as she would have wished." For Miss Teller believed no word of the stories with which the newspapers teemed. Indignation and strong affection supplied the place of whatever strength had been lacking in her character, and never before in her life had she appeared as resolute and clear-minded as now.

During the funeral services, Isabel Varce sat beside Miss Teller, sobbing as if her heart would break. Rachel Bannert was next to Isabel. She had looked once at Helen, only once, and her dark face had quivered spasmodically; then she also took her seat beside the fair, still form, and bowed her head. All Helen's companions were clad in mourning garb; the tragedy of this death had invested it with a deeper sadness than belonged to the passing away in the ordinary course of nature of even closer friends. The old-fashioned mansion was full to overflowing; in the halls and doorway, on the front steps, and even on the pavement outside, men were standing, bare-headed and silent, many distinguished faces being among them; society men also, who in general avoided funerals as unpleasant and grewsome ceremonials. These had been Helen's companions and friends; they had all liked and admired her, and as she was borne past them, covered with heliotrope, there was not one whose eyes did not grow stern in thinking of the dastard hand that did the cruel deed.

That night, when darkness fell, many hearts remembered her, lying alone in the far-off cemetery, the cemetery we call Greenwood, although no wood made by Nature's hand alone bears the cold white marble flowers which are found on those fair slopes. And when the next morning dawned, with dull gray clouds and rain, there were many who could not help thinking of the beautiful form which had fared softly and delicately all its life, which had felt only the touch of finest linen and softest silk, which had never suffered from the cold or the storm, now lying there alone in the dark soaked earth, with the rain falling upon its defenseless head, and no one near to replace the wet lilies which the wind had blown from the mound.

But those who were thinking thus were mistaken: some one was near. A girl clad in black and closely veiled stood beside the new-made grave, with tears dropping on her cheeks, and her hand pressed over her heart. There were many mourners yesterday; there was but one to-day. There were many flowers then; now there was only the bunch of violets which this girl had brought. She had knelt beside the mound, her head undefended from the rain, and had prayed silently. Then she had risen, but still she could not go. She paced slowly up and down beside the grave, like a sentinel keeping watch; only when she perceived that one of the men employed in the cemetery was watching her curiously, no doubt wondering why she remained there in the storm, did she turn away at last, and go homeward again by the long route she had traversed in coming.

For Anne had not dared to go to the funeral; had not dared to go to Miss Teller. The hideous sentence in the newspaper had filled her with doubt and vague alarm. It was not possible that she, Anne, was meant; and yet Bagshot, from whom this as yet unrevealed testimony was to come, saw her on the day she visited Helen, after the tidings of her husband's death. Surely this was too slight a foundation upon which to found her vague alarm. She repeated to herself that her dread was unreasonable, yet it would not down. If the danger had been open, she could have faced and defied it; but this mute, unknown something, which was only to be revealed by the power and in the presence of the law, held her back, bound hand and foot, afraid almost to breathe. For her presence or words might, in some way she could not foresee or even comprehend, bring increased danger upon the head of the accused man, already weighted down with a crushing load of suspicion, which grew heavier every hour.

Suspense supplies a calmness of its own. Anne went into the city as usual, gave her lessons, and went through all the forms of her accustomed living, both at home and abroad. Yet all the time she was accompanied by a muffled shape, its ghostly eyes fixed upon her through its dark veil, menacing but silent. It was dread.

When the hour came, and she knew that the old words were being spoken over Helen: "In the midst of life we are in death: of whom may we seek for succor but of Thee?" "Before the mountains were brought forth, or ever the earth and the world were made, Thou art God from everlasting." "A thousand years in Thy sight are but as yesterday, seeing that is past as a watch in the night." "And now, Lord, what is my hope? Truly my hope is even in Thee"—she bowed her head and joined in the sentences mutely, present at least in spirit. The next day, while the rain fell sombrely, she went to the distant cemetery: no one would be there in the storm, and she wished to stand once more by Helen's side—poor Helen, beautiful Helen, taken from this life's errors forever, perhaps already, in another world, understanding all, repentant for all, forgiving all.

There was no one to whom Anne could speak upon the subject which was burning like a constant fire within her heart. And when, a few days later, a letter came from Gregory Dexter, she opened it eagerly: there would be, there must be, comfort here. She read the pages quickly, and her heart stood still. "If I thought that there was the least danger that the secret of this cowardly, cruel deed would not be found out," wrote Dexter, "I should at once leave all this labor in which I am engaged, important as it is, and devote myself to the search for proofs to convict the murderer. Never in my life has my desire for swift, sharp justice been so deeply stirred."

Anne laid down the letter with a trembling hand. If he "thought that there was the least danger"; then he thought there was none. But so far no one had been apprehended, or even suspected, save Ward Heathcote alone. Did he think, then, that Heathcote was guilty? Could he think this, knowing him as he did, having been in a certain sense his companion and friend?

Dexter had not liked Heathcote personally, but he was capable of just judgment above his personal likings and dislikings, and Anne knew it. She knew that he had examined the testimony impartially. It must be, then, it must be, that there were grounds for his belief. She took her pen and wrote a burning letter—a letter of entreaty and passionate remonstrance. And then, the next morning, she burned it: she must not write or speak on the subject at all, not even to him.

The slow days moved onward like the processions of a dream. But no one noticed any change in the young teacher, who journeyed wearily through the long hours. Old Nora saw the piles of newspapers in her mistress's room, but as she could not read, they betrayed nothing. She would not, besides, have recognized Helen under the name of Heathcote; the beautiful lady who had visited the half-house in the days of Jeanne-Armande was named Lorrington. The slow days moved on, but not without events. In this case the law had moved speedily. An indictment had been found, and the trial was to take place without delay in the county town of the district to which Timloesville belonged.

Miss Teller had gone to this town; the newspapers said that she had taken a house, and would remain during the trial, or as long as Captain Heathcote was confined there. Anne, reading these items, reading the many descriptions of Heathcote, the suggestions regarding the murder, the theories concerning the blunder (for it was conceded that there had been a blunder), asked herself wonderingly if he had no friends left—no friends on earth, save herself and Miss Teller? The whole world seemed to be against him. But she judged only from the newspapers. There was another side. This was a small, local, but in one way powerful, minority, which stood by the accused man immovably. This minority was composed almost entirely of women—women high in New York society, Helen's own companions and friends. They formed a determined band of champions, who, without condescending to use any arguments, but simply through their own personality, exerted a strong influence, limited, it is true, but despotic. If the case was tried beforehand by the newspapers, it was also tried beforehand by sweet voices and scornful lips in many New York drawing-rooms. Society resolved itself into two parties—those who did and those who did not believe in the guilt of the imprisoned man. Those who did believe were almost all men; those who did not, almost all women; the exceptions being a few men who stood by Heathcote in spite of the evidence, and a few women who, having logical minds, stood by the evidence in spite of themselves.

When the trial began, not only was Miss Teller present, but Mrs. Varce and Isabel, Mrs. Bannert and her daughter-in-law, together with others equally well known as friends of Helen's, and prominent members of New York's fashionable society.

Multomah, the little county town, was excited; its one hotel was crowded. The country people came in to attend the trial from miles around; great lawyers were to be present, there was to be "mighty fine speaking." The gentleman had murdered his wife for the million dollars she constantly carried with her. The gentleman had murdered his wife because she had just discovered that he was already married before he met her, and he was afraid she would reveal the secret. A local preacher improved the occasion by a sermon decked profusely with Apollyons and Abaddons. It was not clearly known what he meant, or where he stood; but the discourse was listened to by a densely packed crowd of farming people, who came out wiping their foreheads, and sat down on convenient tombstones to talk it over, and eat their dinners, brought in baskets, trying the case again beforehand for the five-hundredth time, with texts and Scripture phrases thrown in to give it a Sabbath flavor.

The New York dailies had sent their reporters; every evening Anne read their telegraphic summaries of the day's events; every morning, the account of the same in detail. She was not skillful enough to extract the real evidence from the mass of irrelevant testimony with which it was surrounded, the questions and answers, the confusing pertinacity of the lawyers over some little point which seemed to her as far from the real subject as a blade of grass is from the fixed stars. She turned, therefore, to the printed comments which day by day accompanied the report of the proceedings, gathering from them the progress made, and their ideas of the probabilities which lay in the future. The progress seemed rapid; the probabilities were damning. No journal pretended that they were otherwise. Yet still the able pens of the calmer writers counselled deliberation. "There have been cases with even closer evidence than this," they warningly wrote, "in which the accused, by some unexpected and apparently trivial turn in the testimony, has been proven clearly innocent. In this case, while the evidence is strong, it is difficult to imagine a motive. Mrs. Heathcote was much attached to her husband; she was, besides, a beautiful, accomplished, and fascinating woman. That a man should deliberately plan to murder such a wife, merely in order to obtain possession of wealth which was already practically his, is incredible; and until some more reasonable motive is discovered, many will refuse to believe even the evidence."

Anne, reading this sentence, felt faint. So far the mysterious testimony to which vague allusion had been made in the beginning had not been brought forward; the time had been occupied by the evidence concerning the events at Timloesville, and the questioning and cross-questioning of the Timloesville witnesses. A "more reasonable motive." The veiled shape that accompanied her seemed to assume more definite outline, and to grow from Dread into Fear. And yet she could not tell of what she was afraid.

The days passed, and she wondered how it was that she could still eat, and sleep, and speak as usual, while her whole being was away in that little Pennsylvania town. She did speak and teach as usual, but she did not eat or sleep. Something besides food sustained her. Was it hope? Or fear? Oh, why did not all the world cry out that he was not, could not be guilty! Were people all mad, and deaf, and blind? She lived on in a suspense which was like a continual endurance of suffocation, which yet never quite attains the relief of death.

Miss Teller's lawyers labored with skill and vigilance; all that talent—nay, more, genius—could do, they did. Their theory was that the murder was committed by a third person, who entered Mrs. Heathcote's room by the same outside stairway which her husband had used, after his departure; and they defied the prosecution to prove that they were wrong. In answer to this theory the prosecution presented certain facts, namely: that Heathcote was seen entering by the outside stairway, and that no one else was seen; that the impressions found there were those of a left hand, and that Heathcote was at the time left-handed; that a towel, marked with the name of the hotel and stained with blood, was found on the river-bank at the end of a direct trail from the garden, and that the chamber-maid testified that, whereas she had placed four towels in the room a few hours before, there were in the morning but two remaining, and that no others were missing from the whole number owned by the hotel.

At this stage of the proceedings, Anne, sitting in her own room as usual now in the evening, with one newspaper in her hand and the others scattered on the floor by her side, heard a knock on the door below, but, in her absorption, paid no attention to it. In a few moments, however, Nora came up to say that Mr. Dexter was in the parlor, and wished to see her.

Here was an unexpected trial. She had sent a short, carefully guarded answer to his long letter, and he had not written again. It had been comparatively easy to guard written words. But could she command those that must be spoken? She bathed her face in cold water, and stood waiting until she felt that she had called up a calmer expression; she charged herself to guard every look, every word, even the tones of her voice. Then she went down.


                                                                                                                                                                                                                                                                                                           

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