John Bartlett; he had explained that he was the deputy sheriff of the county of McDowell; that he was a person of influence; that the prisoner was in grave peril; and that, if a full confession were made, he, Jenkins, would induce the authorities of the law to deal leniently with the prisoner. He was a person of importance, he said, and, in the absence of the sheriff, the first guardian of all the law and order in the county of McDowell; if the prisoner would confess, he, Salathiel Jenkins, could save him from the hangman, and he would do it.
These were the conditions under which the alleged confession was made.
At this point in his narrative, the attorney for the prisoner stopped the witness, and objected to the introduction of the confession as having been improperly obtained. The court very promptly sustained the objection, and directed the witness to stand aside.
The prosecuting attorney arose and asked the court to nolle the indictment and permit the case to be dismissed. The judge reminded him that the case was at trial, and that such action could not now be taken; that the request should have been made before a jury was called; it was now too late, since the control of the cause had passed from the hands of the State.
Young Mr. Huron, prosecuting attorney of the county of McDowell, was lost, rudderless, upon an unknown sea. He arose and explained that he had not had an opportunity to investigate the evidence; that he had not spoken with the witnesses; that he had depended upon John Bartlett and the confession made to Salathiel Jenkins in order to convict the prisoner, and that, failing with these, he had no further evidence to introduce.
The court interrupted this speech of explanation, and reminded the attorney that the State could not urge such excuses; that the prisoner, having been put to the hazard of a defense, was entitled to have his cause legally determined; a nolle prosequi could not now be entered, and the case must proceed.
To this the young attorney, having recovered his composure, replied that the State had nothing more to offer, and resumed his seat.
The counsel for Gilmore at once moved the court to direct a verdict of not guilty, which was accordingly done and the prisoner discharged.
Mystic, and varied, and without premonition are the ways of Providence. When the negro miner went down into the sunless temples of the earth on this Wednesday of July, Salathiel Jenkins was a person of high estate, crowding mightily the orbit of his employer. And when the negro miner came up at evening, this same Salathiel Jenkins was a crestfallen underling, shrinking like a rotten value. The ordeal was frightful. The pride of young Mr. Jenkins had gone through a process of sublimation most excruciating. And yet how abominably indifferent nature was. The books in the office of the sheriff were the same. The trees, the river, and indeed the entire outside world were quite as large as they had been. Only the importance of the deputy had shrunk, and was shrinking. Master of folly! Would it stop short of microscopic? The vice of his yesterday loomed clear-cut like the angles of a wall. He had talked, talked. It was the deadliest error. In the name of that notorious Simon of infantile record, was there no God to save the witless from himself?
The crowd passed out of the court-room, and, sauntering down by the office of the miserable deputy, paused to harpoon him as it drifted by. The weather was fine for scaffold building, it observed. Would the deputy spring the trap in the absence of his chief? it was interested to know. Could he tie a hangman's knot? Would he be pleased to have the gracious assistance of his fellows? And more ingenious proddings, while the weary Jenkins perspired and shrunk, but was silent. This he had learned: like as the great lessons of life by hap learned too late.
And that same night John Bartlett and Robert Gilmore hurrying eastward in a Pullman car on the Chesapeake and Ohio Railroad remarked with large favorable comment that the ancient doctrine of lex vigilantibus non dormientums subvenit was marvellously true in this practical time.
VI
On the night of the seventeenth day of July the judge of the criminal court of McDowell walked into the office of the sheriff. He was in no altruistic mood, this jurist. Since his fortunate political affiliations had thrust him into a high estate his dignity sat upon him heavy as a fog. He had been sent for. It was thoughtlessness approaching near to disrespect. When the tall jurist entered, the crowd in the office of White Carter arose.
"Judge," drawled the sheriff, coming forward, "you must pardon the centurion for taking this liberty with the tribune, but we were holding a secret war council, and presently required the fountain of law. I am sure you won't mind, Judge."
The fountain of law flung aside his injured feeling with a wave of his slim hand.
"It is all right, Carter," he observed. "But why the conclave? Good men should be abed."
"'Day unto day uttereth speech,'" drawled the sheriff, "and night unto night showeth knowledge. And just here the hurt lies. The boys have been crowding the day and shirking the night turn."
Then he stepped back by his companions and added: "Young Mr. Huron we will overlook as familiar in your honor's forum. The other gentleman is Mr. Hartmyer Belfast, in the secret service of the New York life insurance companies."
The judge nodded cordially and sat down by the table. The others also resumed their seats, while the sheriff removed his eye-glasses, placed them carefully on the forefinger of his fat right hand, and began to explain.
"While I was absent, I believe, one Robert Gilmore was indicted here and tried for murder, which trial resulted in a verdict of not guilty, the evidence being insufficient to sustain the charge. It now appears that Gilmore did kill Hirst, and that he can now be convicted with the evidence in the possession of Mr. Belfast and myself."
The judge elevated his eyebrows, but volunteered no comment.
The sheriff continued. "At the time of Hirst's death I was not quite certain that it was suicide. The coat and vest found on the bridge did not correspond to the trousers and shoes of the deceased, which were the ordinary rough articles worn by the miners. There was no explanation for such dress on the part of Hirst. Later I found a miner's coat at Jim's Ford which corresponded to the other clothing of Hirst. This coat had been tied in a bundle and thrown into the river above—probably at the bridge. Stitched in the lining was a pocket book belonging to Brown Hirst containing some money and a draft on New York, together with a memorandum of a number of life insurance policies. These matters led me to believe that Hirst had planned to secure the insurance on his life by arranging a counterfeit suicide, but by some means the plan had failed after the evidence had been prepared and he had come to a violent death, probably by the hand of another.
"But the matter was involved in mystery, and I deemed it best to retain my conclusions until further developments should appear. I wrote to the various companies with which Hirst was insured, explaining the facts which I had determined. They replied that the matter was in the hands of Hartmyer Belfast, their secret agent, and that I would be advised when the investigation was complete.
"A few days since the companies wired me that Mr. Belfast might be expected to appear in my county at any time, and yesterday he called upon me."
The sheriff moved a little closer to the table, and the drawl seemed to slip out of his speech.
"It can now be shown that Robert Gilmore came to McDowell for the purpose of assisting Hirst to manufacture evidence of a suicide; that he went with him upon the bridge, and after enticing Hirst to the rail of the bridge, suddenly threw him over into the river. The train men can be produced who saw Gilmore when he arrived and when he departed on the night of the murder. All of this evidence has been carefully prepared. In addition, it can be shown that immediately after his trial, for some mysterious reason Gilmore went directly to Philadelphia and arranged for a conference with the widow of Brown Hirst. Of this Mr. Belfast had notice, and, by request of Mrs. Hirst, he was present, concealed in an adjoining room. This conference between Gilmore and Mrs. Hirst was remarkable. The man was deeply affected, and said that he had come to tell her the entire history of his villainy, because he loved her, had