CHAPTER VIII.

CONSTABLE COOKE.

Levi went on his experimental trip in The Starry Flag the next day. The wind was very fresh, and he had an excellent opportunity to test the weatherly qualities of the yacht, and she proved to be all he had anticipated or desired. She would sail almost into the wind's eye, and went through a chop sea as steadily as a judge through a trial. Captain Fairfield, as all hands on board called him, was proud and happy in his new situation. He was in his element; and it was not likely that the possession of any sum of money could long keep him from the position he was born to fill—the command of a vessel.

The yacht was fitted up below with special reference to the wants of her owner's family and friends. Her trunk extended nearly the whole length of her, affording a high and spacious cabin for a vessel of her size. On each side of the companion-way, leading down from the cockpit, or standing-room, was a small state-room, one of which was appropriated to the use of the captain. It contained a single berth, a writing-desk, a plentiful supply of lockers, drawers, shelves, and brackets for clothing, charts, and nautical instruments. Levi had installed himself in this little apartment, and felt like a lord, as he sat in its cushioned arm-chair at the desk, glancing at his tasty and convenient surroundings.

This state-room, and its fellow on the opposite side of the ladder, opened into the main cabin, which contained four berths, with curtains extending out in front, so as to form an enclosure for each occupant, securing entire privacy. Opening from the forward part of the cabin were two large and airy rooms, each having two berths, for the accommodation of Mr. Watson's family. They contained every convenience belonging to a first-class hotel, with a curious economy of space, which would have excited the admiration of those who have a taste for overcoming impossibilities.

Between these state-rooms was a narrow passageway leading to the forecastle, which occupied about half the length of the vessel, and contained the pantry, ice-house, cook-room, store-room, and six berths in the forward part for the hands.

The cook and steward were colored men. The former had served for years in a packet ship, and the latter was a steamboat waiter, who never failed to put on a white jacket at meal times. The four hands who had been employed on the Cape were young men, the oldest not over twenty, all of whom had made several fishing voyages, and were hardy, active, and accomplished seamen for a small craft.

On her trial trip Levi took the yacht as far as Boone Island, on the coast of Maine. He dined in state, all alone in the cabin,—he had no passengers on this cruise,—and Augustus, the cabin steward, wore his white jacket, and stood behind his chair. In fact, Levi was Captain Fairfield on this occasion; and he wore his dignity with becoming modesty and grace.

In the evening, after his return, he made a full and enthusiastic report to Mr. Watson and the ladies of the good behavior of the yacht, and declared that he was ready at once to go round the world in her.

"We don't care about going round the world in her, Levi," laughed Mr. Watson; "but on Monday morning we will start for Mount Desert, if you are ready at that time."

"I am ready now, sir."

"I cannot leave before Monday. If we enjoy this trip, we will spend the whole of the month of August on board of The Starry Flag. I should like to go as far as the Bermudas, if you think it is safe to take so long a voyage in her."

"Safe!" exclaimed Levi. "You can cross the Atlantic in her as safely as in a steamship. For my part, I should feel safer in her than in any steamer that ever went to sea. She would shake you up more, perhaps, but she will take you through all right if she is well handled."

"No doubt of it. I told the builder to have her as strong as wood and iron could make her. My directions were, first, strength, second, comfort, and third, speed."

"I think he has got the speed in first, for we logged twelve knots to-day, with the wind free in a chopping sea. But she can't be excelled for comfort and safety. I know by the feeling of her in a sea just how she would behave in a gale."

"Have you seen Mr. Gayles since your return, Levi?" asked Mr. Watson, suddenly changing the subject, and wearing a look of anxiety.

"No, sir; he was not at home when I went to supper," replied Levi, satisfied something unpleasant had occurred; and he had not much difficulty in surmising its nature.

"Have you heard anything about a search-warrant?"

"Not a word, sir; but I almost expected something of the kind. My uncle charged me with taking the money he lost; but I did not even know that he had any money in his house," answered Levi, grieved and mortified at the necessity of again defending himself from such an assault.

"Mr. Gayles told me that your room at his house, and indeed all his premises, had been searched by Constable Cooke, in your absence, to-day, for the missing gold."

"Of course they did not find anything," replied Levi, blushing.

"No, they did not; but perhaps they would if your affairs had been managed by a less discreet person than Mr. Gayles. It seems that Dock Vincent went to the house, with the constable, about dinner time. Your uncle appears to have employed Vincent to look up the money for him. Mr. Gayles was willing to admit the officer, but he positively refused to allow Vincent to enter his house. Levi, that villain is the worst enemy a man ever had. You must beware of him; have nothing to do with him, and nothing to say to him."

"I do not, any more than I can help."

"The story now is, that you took your uncle's money, and set a trap to kill or severely injure him at the cut, because you are his legal heir."

"How absurd!" interposed Bessie, indignantly, as she rose from her chair, and seated herself by the side of Levi on the sofa, her mild eyes beaming with unwonted fire.

"Very absurd, my dear; but there are people who are foolish enough to believe such absurd stories even of their own minister. Of course, Levi, there is no real danger, but you may be seriously annoyed."

Levi was smart. He had done great deeds. He was known to be worth thirty-five or forty thousand dollars, in the hands of his guardian; and his intimate relations with the family of Mr. Watson rendered it exceedingly probable that he would eventually roll in wealth, to be counted by hundreds of thousands. Most of the people were generous enough to congratulate the young man, in their hearts, on his brilliant prospects, especially as he did not put on any airs, or cut any of his old friends.

But there were weak and evil-minded men and women who envied his good fortune, and were ready to seize upon any rumor which tended to bring discredit upon him. Among these was Constable Cooke, whom Dock Vincent had employed to search for Mr. Fairfield's money. He could not help thinking that, if he had been intrusted with the warrant for the arrest of Levi, on the charge, three years before, of purloining Ruel Belcher's money, instead of Mr. Gayles, he would have done precisely as that worthy man had, and in the end would have been appointed the young man's guardian, making a few hundred dollars every year in commissions on the care of the property. He could not exactly forgive Mr. Gayles for being so fortunate; nor was he so exclusive as to confine his dislike to the guardian, but extended it to the ward.

Constable Cooke, therefore, was a fit person to do the dirty work of Nathan Fairfield and his coadjutor. He adopted the miser's theory in full, that Levi had set the house on fire with the candle, in order to cover up the loss of the money, which he had conveyed from the house in the little saw-mill. Since the arrival of the yacht, it had even been conjectured that she was the property of Levi, who had paid for her with the ill-gotten gold. This theory, explained and bolstered up with specious argument and sophistical evidence by the constable, rather staggered many people who believed in Levi. If the young man's character had been doubtful, the theory would have been plausible; for, after all, a person's good character is the best testimony in his favor.

Mr. Watson and Levi discussed the situation coolly, though the ladies, with their warmer sympathies, were indignant, and disposed to be violent in their measures. Nothing could be done but to wait the issue of events; and Levi walked as proudly as ever through the streets of the town. The next day he took the ladies out to sail in the yacht; but before he went he called at his uncle's house, carrying a nice tenderloin steak and a jar of jelly for the sufferer, who was improving, in spite of the heat and excitement to which he agitated himself.

"Don't tell him, aunt Susan, that I brought these, things," said Levi. "I pity him, and I don't hate him. I shall try to be a Christian towards him now, whatever he does."

The old lady burst into tears. Such a spirit amazed and overwhelmed her. The reading of her religious paper had prepared her, in some measure, to appreciate such conduct. The next day, which was Sunday, Levi carried some other luxuries for the invalid; but he did not venture to see his uncle after the violent scene which had attended his first visit to the sick room.

On Monday morning Mr. and Mrs. Watson, Mrs. McGilvery, and Bessie were conveyed on board of The Starry Flag. The foresail and the mainsail had been hoisted, and the hands were heaving up the anchor, when a boat from the shore was discovered approaching the yacht.

"Hold on!" shouted Constable Cooke; when the boat came nearer, and was found to contain, besides the officer, Dock Vincent and two other men.

"Belay, all!" said Captain Fairfield; and the operations at the cable were suspended.

"I've come to search this vessel," said Constable Cooke, when he and his party had reached the deck. "I have a warrant."

"I will afford you every facility for the discharge of your duty," replied Levi, as he led the way to the cabin.

"Don't let Vincent go into the cabin," said Mr. Watson, in a whisper.

Levi promptly informed the officer that Captain Vincent must not go below.

"I want him to help me," persisted Constable Cooke.

"Captain Vincent can't go into my cabin. If he attempts to do so, I'll throw him overboard!" added Levi, rolling up his coat sleeves.

"I've a right to call in aid accordin' to law," said the officer, angrily.

"You shall not call him in," protested Levi.

Mr. Watson spoke,—he had money, and the constable was afraid of him,—and the matter was compromised. One of the other men went with the officer, who proceeded directly to Levi's state-room. The desk was opened, the lockers examined, and the drawers searched. In one of the latter, a shot-bag, With ten half eagles in it, was found.

"That's one of the bags!" almost yelled the constable, in the fury of his malignity.

"I never saw it before," said Levi, quietly, "nor the gold it contains."

"I have a warrant for your arrest, Levi Fairfield; and sence you showed fight on deck, I shall put the handcuffs on you."

Mr. Watson and the ladies were shocked and alarmed; but not one of them for a moment doubted the innocence of Levi, who suffered himself to be ironed without resistance.

CHAPTER IX.

THE EXAMINATION.

Constable Cooke put the irons on the wrists of Levi Fairfield, not from a sense of duty, but with a keen relish for the act itself. It is but justice to the officer, prejudiced though he was, to say that he was entirely sincere in the belief that his prisoner had stolen the miser's gold. He was needlessly rough and severe in the discharge of his duty, and the irons were a gratuitous indignity. Mr. Watson protested vigorously against the constable's useless display of authority. Bessie was frightened and terribly grieved by the harsh treatment bestowed upon her ideal of a hero.

Levi himself was the only person in the cabin who was calm. His quiet dignity was unruffled by the insults heaped upon him, and he looked proudly conscious of his innocence.

"What does all this mean?" demanded Mr. Watson, when Levi had been effectually ironed, so that he could not tear the constable and his assistant to pieces, as they seemed to fear he would.

"I do not know, sir," replied Levi, shaking his head, with a smile.

"I think it is all clear enough, Mr. Watson," interposed Constable Cooke.

"I don't think it is," replied Mr. Watson, sharply. "You have found a shot-bag with ten five-dollar gold pieces in it. What does that prove?"

"It proves that Levi stole the money just as clear as the sun proves it's day."

"Is it anything surprising that the captain of a yacht has fifty dollars in gold in his state-room?"

"I don't know's 'tis, but it's sunthin surprisin' that he should have one of the bags the old man kept his money in, in his state-room," said the officer, with a sneer.

"How do you know that is one of the bags?"

"How do I know?" repeated the constable, taking the bag from his pocket. "Mr. Fairfield told me he writ his name on all the bags. There it is."

The bag was exhibited, and over the imprint of the manufacturers of the shot it had originally contained was the name, "N. Fairfield," rudely traced in large, awkward characters, in pencil, on the cloth. Levi saw it, and the formation of the two capital letters assured him it had been written by his uncle. The bag was found in one of his drawers; but it was plain that "an enemy had done this."

"If that don't satisfy you, Mr. Watson, I don't know what will. This ain't pleasant business, but I can't help it," added Constable Cooke, who perhaps had begun to think it was imprudent to offend a rich man.

"That doesn't satisfy me," replied the obstinate merchant. "Do you suppose Levi put that bag and the gold into the drawer?"

"I suppose he did, sir. That's his state-room—isn't it?"

"There are half a dozen places there with locks on them. Do you think he would put his money into a drawer without any lock upon it?"

"I don't know anything about that," answered the constable, who could not help seeing that the argument was a good one. "I've got a warrant for his arrest."

"Did you know the money was there before you came on board?" demanded Mr. Watson, warmly.

"I supposed it was there."

"What made you suppose so?"

"I was told it was there."

"Who told you so?"

"I don't know as I'm obliged to tell you who told me," replied the officer.

"I don't know that you are, either; but some of you shall be indicted for conspiracy if you don't answer. You came on board with a warrant in your pocket for the arrest of Captain Fairfield. You expected to find the gold here, you say. Somebody told you it was here, and that somebody knows more about it than the person you have arrested and put in irons," continued the merchant, indignantly.

"You know why I put him in irons. Didn't he threaten to throw one of us overboard?" replied the constable.

"When officers take graduates of the state prison to assist them in the discharge of their duties, they must expect some opposition."

"But Captain Vincent is acting for Mr. Fairfield, who's too sick to do anything himself," pleaded the officer, who could not help seeing that Dock was not a proper person to aid him in the performance of his duty. "I'll take the bracelets off, if you say so."

"I do say so, most emphatically!" added Mr. Watson.

Constable Cooke removed the irons, stepping between Levi and Bessie to do so.

"So long as you and your father do not believe I am guilty of any crime, I don't care for the irons or the prison," said Levi, cheerfully. "I am rather glad of an opportunity to vindicate myself, for I have no doubt there are some people who think I took my uncle's money."

"But it is so terrible to be sent to prison, and to be ironed!" added Bessie, her pretty face full of tender sympathy.

"Not at all. As I view it, the guilt is the only thing that is terrible. This may lead to the discovery of the real thief."

"Levi, have you any idea how that bag came in your state-room?" asked Mr. Watson.

"Not the least, sir. It must have been put there by the thief, or by some one acting for him."

"We shall not make our trip to-day—that is clear enough. Come, Mr. Cooke, we will go on shore, and inquire into this matter at once," continued Mr. Watson. "Levi, you must send all hands to the office of Squire Saunders, for probably we shall want their evidence."

The four young men who constituted the crew of the yacht lived in Rockport, and knew all about the relations of Levi with his uncle. They were directed to go ashore, with the cook and steward, and appear at the office of the trial justice. Levi was taken in charge by Constable Cooke, and went in his boat, with Dock Vincent, much against his will.

"We are likely to have a sharp time on't," said the officer, when they had pushed off from the yacht.

"Why so? What's up now?" demanded Dock.

"Mr. Watson has sent all hands ashore, and I suppose he'll have Squire Cleaves, who's as sharp as a razor new set, and he'll rake us all over the coals."

"What's going to be done, Levi?" asked Dock, turning to the prisoner.

"I have nothing to say about it," replied Levi.

"What did you send all hands on shore for?"

"I shall answer no questions."

"Afraid of committing yourself, I suppose," said Dock, with a sneer, which did not wholly conceal his anxiety.

Levi made no reply. Without being willing, in the absence of some evidence, even to suspect Dock of stealing his uncle's money, he could not help feeling that the antecedents of his old enemy warranted him in thinking that he had something to do with the robbery, or, at least, with fastening the charge upon him, and causing the shot-bag to be placed in his state-room. The party landed, and while Constable Cooke conveyed his prisoner to the office of the justice, Dock called at Mr. Fairfield's to inform him of the arrest.

The old man was somewhat better, and able to sit up in his rocking-chair; but his bones still ached, though he suffered less in body than in mind. Dock called upon him every day, and assured him he would find his gold in time. On the present occasion he had encouraging news, and related the particulars of the events which had occurred on board of the yacht.

"I knowed it!" exclaimed Mr. Fairfield, when he had listened to Dock's story. "I was sartain that boy took the money."

"I suppose it's a clear case enough now," added Dock. "Finding the bag with your name on it settles the matter."

"But did you find all the money, Cap'n Vincent?" asked the old man, nervously.

"No; only about fifty dollars of it."

"Didn't find no more?" added Mr. Fairfield, with a blank stare.

"No, but we shall find the rest of it. Mr. Watson's going to make an awful fuss about it."

"About what?"

"About taking Levi up. I suppose they'll want you to swear to the bag."

"But I can't go out," said the old man with a grunt, when reminded of the pains in his frame.

"Then the squire must come here, as he did when you swore before. I'll go up, and see about it. But, Squire Fairfield, I shan't be able to do much more for you, for I expect my vessel round here soon, and I shall be busy fixing her up for the voyage to Australia."

"I hope I shall find the money afore you go," added the old man, with a gloomy look.

"I hope so too, and I expect you will," replied Dock, as he left the room to attend the examination.

In the mean time Levi had been conveyed to the office of Squire Saunders, who, deeming the evidence of Mr. Fairfield absolutely necessary, had decided to hold his court at the house of the miser; and the old man was soon astonished by the appearance of the whole crowd of officers, counsel, justice, and witnesses in his chamber.

Mr. Fairfield was examined first. He testified, with many a sigh and groan, that he had deposited the four bags, each containing one thousand dollars in gold, in the hole in the wall, which was pointed out to the justice. He had marked his name on each bag, and he identified that produced by Constable Cooke as one of the four. He was asked if the ten half eagles were his property. He was disposed to swear to them also; he had no doubt they were part of the money he had lost; but when asked to state by what marks he recognized them, he was unable to show wherein they differed from other coins of the same value.

The officer then swore that he found the bag in a locker in the state-room, with the money in it. Squire Cleaves, who had already been fully instructed in the case by Mr. Watson, began to put disagreeable questions to him, which appeared to make him nervous.

"You went off to the yacht with a search-warrant—did you, Mr. Cooke?" asked the lawyer.

"I did, sir."

"Did you expect to find the money or the bag on board?"

"I did."

"Had any one told you the bag was there?"

"Well, I can't say any one told me it was there," replied Cooke, with some embarrassment.

"You can't?"

"No, sir; I can't."

"What induced you to look for the money on board of the yacht?"

"I was pretty well satisfied that Levi stole that money, and being he was goin' off on a cruise, I thought likely he would put some on't on board to use. That's what made me expect to find it there," added Constable Cooke, with a more satisfied expression on his face, for the explanation he had given appeared to meet the exigencies of the case.

"Did you reason this out yourself, or did some one suggest the idea to you?"

"Well, some one spoke to me about it, but——"

"Precisely so! Who spoke to you about it?"

"No one said much to me, and I——"

"But who said anything?" interposed the squire.

"Well, Captain Vincent said I might find the bag—he didn't say I should find it."

CHAPTER X.

MR. C. AUGUSTUS EBÉNIER.

Squire Cleaves had brought out from the unwilling witness the fact that he wanted, and Dock Vincent was put upon the stand. The learned counsel adroitly conveyed the information that the witness had been convicted of crime, and had served a term in the state prison—which, though it did not exclude him from giving evidence, might affect his credibility. This statement roused the ire of Dock, and he was cross and sullen, which is a very bad state of mind to be in when subjected to the torture of a skilful lawyer.

Dock described the manner in which he had assisted Mr. Fairfield in finding his money. He had done all that an honest man and a good neighbor should do to help a feeble old man; and it wasn't right for "one-horse lawyers" to insult him.

"Do you consider yourself insulted, Captain Vincent?" asked the squire.

"Yes, sir; I do!"

"Have you been convicted of a crime?"

"What if I have? There was no justice in it," growled Dock.

"Have you served a term in the state prison?"

"If I have, it wasn't a fair thing; and a good many better men than you or me have spent years in prison."

"Undoubtedly, but our best men don't usually graduate at the state prison. You admit the facts as I stated them. Now, Captain Vincent, you were employed by Mr. Fairfield in finding the money he lost."

"I said so; I was."

"Did you tell the constable he would find the bag on board of the yacht?"

"No, sir; I did not."

"What did you tell him?"

"In my opinion, Levi stole that money. I didn't think so at first, but his uncle convinced me he must have done it. I told the constable to look for the money and the bags on board that vessel."

"Didn't you tell him he would find this bag in Levi's state-room?"

"No, sir; I did not."

"Didn't you tell him he might expect to find it there?"

"Perhaps I did; whether I did or not, I expected he would find it there," answered Dock, casting a malicious glance at Levi.

"Why did you expect he would find it there?"

"Because I was satisfied Levi stole the money, and would use some of it while he was gone on the cruise."

"Was that the only reason?"

"It was."

"Captain Vincent, do you know how that bag came in Levi's state-room?" asked the lawyer, looking upon the floor, as though he considered the question of little consequence.

"Yes, sir; I do."

"Please to state how it came there."

"Levi put it there."

"You are willing to swear that Levi put it there—are you?"

"Yes, sir; I am," replied Dock, promptly.

"Did you see him put it there?"

"Of course I didn't. I never was aboard of that yacht till this morning."

"How can you swear that he put it there, then?"

"Because Constable Cooke found it there."

"Is that the only ground on which you swear Levi put it there himself?"

"That's ground enough."

"Answer my question, if you please."

"Yes, it is; and my belief that Levi robbed his uncle of his money."

"That will do; we shall give you the little end of the horn to crawl out of before we get through," added Squire Cleaves.

Dock, sour and crabbed, sat down near the rocking-chair of Mr. Fairfield; and Mr. Cæsar Augustus Ebénier, cabin steward of The Starry Flag, Sr., was politely invited to take the stand. He appeared in his best clothes, and his name, quality, and position on board of the yacht were duly elicited by the magistrate.

"What do you know about the money or the bag?" asked Squire Saunders.

"I know all about it, your honor," replied the witness, with a radiant smile.

"Who put them in the locker, where they were found?"

"I did, your honor."

"That nigger's been bribed to say that," interposed Dock, savagely.

"Who do you call a nigger?" demanded Mr. Cæsar Augustus Ebénier, stepping briskly up to Dock, with his fists doubled up for use. "I never was convicted of crime and sent to the state prison."

"Order!" called the justice.

Dock was the more disturbed of the two; but the constable quieted him, while Mr. Watson patched up the wounded dignity of the cabin steward, who was doubtless a much better man than Dock. He had formerly been the body servant of a French gentleman in Louisiana, and he could read and write, and spoke French fluently. He wrote his name "C. Augustus Ebénier," and he insisted that his surname should be pronounced A-ba-ne-a. He was a person of no little importance in his own estimation, and had a southern negro's contempt for mean whites, of whom Dock Vincent seemed to be the meanest specimen he had yet seen.

"Now, Mr. Ebony, we will proceed with this examination."

"A-ba-ne-a, if you please, your honor," suggested the witness, with the politest of bows.

"I beg your pardon, Mr. Ebénier," said the justice, with a smile. "You placed the bag and the money in the locker—did you?"

"I did, your honor; in the captain's locker: but I didn't comprehend what was in the bag at the particular moment when it was in my possession."

"Exactly so."

"I was not precisely informed in regard to the nature of the contents of the bag, which was agglomerated in a mass, and exceedingly heavy for the bulk of the parcel, appearing to consist only of a portion of tow cloth."

"Just so, Mr. Ebénier; we are fortunate in being able to understand you."

"I beg your honor's pardon, but the initial E in my surname should be pronounced like long a."

"Excuse me, monsieur," laughed the justice; "but my French is rather rusty. Will you do me the favor to indicate in what manner the bag and its contents came into your possession."

"With pleasure, your honor. Yesterday afternoon, just previous to Captain Fairfield's going on shore——"

"Who?" asked Squire Saunders, who was not familiar with Levi's new title.

"Captain Fairfield, your honor."

"You mean Levi?"

"No, your honor; far be it from me to commit the gross disrespect of calling the captain of the yacht in which I sail by his Christian name. Captain Levi Fairfield, your honor."

"Go on, then. I know whom you mean."

"Yesterday afternoon, just as Captain Fairfield was going on shore—I disremember the precise time, but it was about five o'clock, post meridian."

"That is sufficiently accurate, Mr. Ebénier. Do me the favor to proceed."

"I beg your honor's pardon, but these interruptions have a tendency to prevent me from following accurately and succinctly the thread of my narrative."

The magistrate bowed, and laughed, as all in the room were doing except Dock and Mr. Fairfield. The witness commenced his story again, repeating everything he had said before; and the squire did not deem it prudent to interrupt him again.

"I was located in a standing position near the entrance to the main cabin; and your honor is aware that, in first-class yachts, the descent commences in the standing-room, which in New York yachts is more frequently called the cockpit. At a distance of not more than a quarter of a marine league from our yacht lay a fishing schooner, which I was informed by those who probably possessed an accurate knowledge of the intended movements of the schooner, though I really could not now state to your honor the names of the parties from whom I received this intimation——"

"Not material," interposed the squire.

"The information I received may prove to be material, your honor. I was credibly informed that the vessel intended to sail for the Grand Banks or the coast of Labrador, I cannot now swear which, or, indeed, if it was either of these localities. Possibly it was either, possibly it was neither, or possibly it was both. I wish it particularly understood that, under the solemnity of an oath, I do not state positively where the vessel was going. Suffice it to say that she was going on a fishing voyage; but whether for cod, haddock, mackerel, or halibut, or either, or all, or a portion of these piscatorial inhabitants of the mighty deep, I am entirely unable to say."

The court, counsel, and witnesses, with the exceptions before noted, roared with laughter; and the cabin steward smiled complacently, as though he was conscious of having made a point.

"I can only observe, under oath, that I was informed that the vessel intended to depart in search of some of the numerous ichthyological specimens that roam in finny herds through the boundless depths of the sea—as soon as the tide turned."

"Excuse me, Mr. Ebénier, but what has all this to do with the money and the bag?" asked the justice, choking down his laughter.

"I trust I shall be able to demonstrate, to the entire satisfaction of your honor, that there is an intimate connection between these circumstances and the suspicious articles discovered in the state-room of Captain Fairfield."

"Go on, then. It is almost dinner time."

"A doray—an exceedingly anomalous craft to a resident of New York, where I have had the honor to reside for several seasons—a doray——"

"You mean a dory—don't you?"

"I am really unable to pronounce the word according to any authorized orthography, as it was never my good fortune to see the word in print. I am not informed whether or not the acute accent is placed over the final e."

"There is no e in the word. D-o-r-y."

"Ah, excuse me! It is not a French word, then, and it is quite proper to call it a dory."

"Precisely so; and now, having settled this important point, that it is a dory, and not a doray, will you inform the court where you got the bag and the money?" said Squire Saunders, beginning to be a little impatient.

But he might as well have attempted to make water run up hill as to induce Mr. C. Augustus Ebénier to relate his story in any other than his own way.

"A dory from the fishing vessel, about to depart on her voyage, paid a visit of courtesy to the Starry Flag. The party which came in the dory consisted of three persons, all of them fishermen, and all of them young men. All, or a portion of them, were evidently personal friends of the four worthy young men who collectively constitute the crew of the yacht, of which I have the honor to be cabin steward. The persons who came on board were not cabin visitors; I am not even aware that they paid their respects to our excellent captain; but I feel compelled to add that, while on board, they behaved with the utmost propriety. I was located——"

"Avast there!" exclaimed the justice. "The court is adjourned till after dinner. I hope the distinguished gentleman will be able to spin out his yarn before bed time."

CHAPTER XI.

THE RESULT OF THE EXAMINATION.

The dignity of the court had been effectually swamped by the grandiloquence of Mr. C. Augustus Ebénier, though it was evident that he was a very important witness. Of course no one was invited to dine at the miser's, and the court and witnesses went home to dinner. As a compromise, Constable Cooke was asked to dine with his prisoner at Mr. Watson's. At the appointed hour in the afternoon the court again assembled in the house of the miser.

"Mr. Ebénier," said Squire Saunders, "you had proceeded in your narrative, when the court adjourned, to the point where four of the crew of the fishing vessel, about to depart in search of ichthyological specimens, came on board of the yacht, which has the honor to have your valuable services as steward."

"I beg your honor's pardon; I had the honor, not the yacht," interposed Mr. Ebénier, bowing.

"Well, I should say that the honors were divided," replied the justice; and his remark was regarded as a judicial joke. "If you could commence where you left off; and go on, I should be under very great obligations to you."

"I will make a persistent effort to do so, your honor," added the obliging Mr. C. Augustus Ebénier. "As I had the honor to hear your honor remark, the three young men from the fishing vessel, about to depart, as aforesaid, were on board of our yacht, as aforesaid, and as I was standing near the cabin door, as aforesaid,—now my narrative progresses, your honor,—one of the young men from the fishing schooner aforesaid, as Captain Fairfield was about to go over the side into his boat, rushed up to me with the bag in his hand."

"You mean the shot-bag containing the gold—do you?" asked the squire, now deeply interested in the substance of the story.

"I do, your honor; perhaps I should have said the bag aforesaid, which I thought I had described with sufficient minuteness. The bag had originally contained shot, if the words printed on it can be relied upon——"

"In the name of the Constitution of the United States, don't repeat the description of the bag!" protested the squire. "One of the young men rushed up to you with the bag in his hand."

"The bag aforesaid, then, your honor. I affirm that he rushed up to me, meaning that he walked briskly and rapidly towards me. He placed the bag—the bag aforesaid, your honor—in my hand, extended for the purpose of receiving it when I understood that he wished to commit it to my keeping."

"Precisely so; what did he say?"

"He observed that the captain desired me to place the parcel—by which I mean the bag aforesaid, with its contents, not then known to me—in one of the lockers in his state-room. As nearly as I can remember, though I should not be willing to swear to the precise phraseology of the language he used, his words were, 'The captain wants you to put this into the locker in his state-room.'"

"Didn't you ask him what it was?"

"No, your honor; I never ask any questions when the captain's orders come to me. It is my duty to obey, without knowing the reasons for the action I am directed to take. I went immediately to the captain's state-room, and deposited the parcel—the bag aforesaid—in one of the empty lockers. I supposed from its weight that it contained nails, hinges, screws, or some other species of hardware."

"Did you see the captain hand it to the person who gave it to you?"

"No, your honor, I did not. Under the painfully disagreeable circumstances which have followed the dénouement of the depositing of the bag aforesaid in the locker, I wish to add, if my humble opinion is of any value to this honorable court, that I do not believe the captain gave the bag aforesaid to the person of whom I received it."

"Do you know the name of the man who gave it to you?" asked Squire Cleaves.

"I can only reply that I heard him called Ben,—which I presume is an abbreviation of Benjamin,—when addressed by his companions."

"It was Ben Seaver," said Levi. "He was on board at the time mentioned."

"I have no knowledge whatever in regard to his patronymic," added the cabin steward.

"Why do you say you don't believe the captain handed it to Ben?" continued the justice.

"Because, your honor, the circumstances do not justify such a conclusion on my part. It is not reasonable to suppose——"

"Confine yourself to the facts, Mr. Ebénier. We do not care to listen to an argument," interposed the justice.

"I beg your honor's pardon; to facts, then, will I confine myself. The captain went directly from the cabin to his boat, and the person whom his companions called Ben came to me directly from the forecastle. I did not see him hold any communication with the captain, though he paused for a moment at the gangway, and looked over the rail into the boat."

"Might not the captain have handed him the package then?"

"I don't think it was possible, your honor."

"What were the men on the forecastle doing?"

"They were coiling away a spare cable—all but Bob Thomas, who was to pull the captain ashore; and the visitors were assisting them."

"That will do, Mr. Ebénier; we are much obliged to you for the lucid manner in which you have given your testimony, which is very important," said Squire Saunders.

Bob Thomas, who had pulled the captain ashore, and who had been in the boat with him at the time when he was alleged to have sent the bag to the steward, was next questioned. He had neither seen the bag, nor seen Levi speak to Ben Seaver. The rest of the crew were examined, but nothing was elicited from them. Each of them was asked what had passed between Ben and himself, but the conversation related entirely to fish and fishing. Mat Mogmore seemed to be slightly confused, which was attributed to bashfulness, for his statements were as square as those of his shipmates.

Ben Seaver, who appeared to be the only person that could solve the mystery, had gone on a fishing voyage, and might not return for two months or more. No one had seen him at the fire, when the money was stolen; and it was not probable that he was the original thief, whatever part he might have been employed to perform by the guilty party.

Levi himself was then examined at great length. His statements, covering the time from the fire down to the present moment, were clear and positive. He knew nothing about the money; he had not given the bag to Ben Seaver; had not spoken to him, except to pass the time of day with him as an old acquaintance. When Dock and Mr. Fairfield declared that Levi hated his uncle, Mrs. Fairfield disproved the statement by adducing all the kind acts he had performed.

Squire Cleaves, for the defendant, then reviewed the testimony for and against his client.

"It certainly has not been shown that Levi stole this money," said he. "Nor has sufficient evidence been brought against him to render it probable that he is guilty; not enough to justify your honor in committing him for trial. This investigation has led us to follow the bag from the captain's state-room to the hands of Ben Seaver. There we are blocked, and can go no farther till this person's return from his voyage. Mr. Watson proposes to charter a steamer, send her after the fishing vessel, and bring back Ben Seaver. Then we can follow the bag until it leads us to the feet of a conspiracy against my client."

"It is not necessary to send any steamer after the witness," said the justice. "The only evidence, in this long examination, which has been brought against the prisoner, is, that the bag was found in his state-room. It has been shown, conclusively, that he did not place it there, and probably did not cause it to be placed there. The defendant is discharged." And Squire Saunders rose from his seat at the table.

The decision, though it had not been unexpected, caused a decided sensation in the little audience assembled in the miser's chamber. Dock Vincent was mad, Mr. Fairfield was in despair, and the constable was disappointed. The victim had escaped, and the miser had obtained no clew to the lost treasure. The justice took possession of the bag and its contents, to be used when Ben Seaver returned. The audience dispersed to talk over the event among themselves.

Levi's friends, including Mr. Gayles, who had listened with the deepest interest to the proceedings, were satisfied that the whole affair was a conspiracy. Mr. Watson's theory was, that Dock Vincent had robbed the miser himself, and had employed the absentee to place the bag in Levi's room, intending himself to be on the way to Australia before Seaver returned. As the matter stood, nothing could be proved. But Mr. Gayles declared that he should watch Dock Vincent and a "certain other person," whose name he declined to mention, by night and by day, until some evidence was obtained. It was not enough to vindicate the innocent; the guilty must be exposed and punished.

"Then Levi didn't steal my money, arter all," said Mr. Fairfield to Dock Vincent, after the other people had gone.

"Yes, he did. Levi's smart, and knows how to cover up his work."

"We don't know no more'n nothin' in the world what's come on't," sighed Mr. Fairfield.

"Levi's got it; and it will come to light yet," repeated Dock.

"I donno whether he has or not."

"That nigger lied all the way through. Folks that tell the truth don't spin no sich yarns as he did. If I catch that nigger in the right place, I'll pound him till he tells the truth, for Levi certainly bribed him to tell that story. He didn't say a word about Ben Seaver on board the vessel. He only did it to get his master out of a scrape—that's all, you may depend upon it."

"All I want's my money, and I don't keer much whether Levi took it or not, if I only git it," groaned Mr. Fairfield.

"Don't be alarmed, Squire Fairfield. You'll get your money one of these days—every dollar of it, for Levi's got money enough to make up for what he spends. I've got some one in a situation to keep watch of him, and something'll leak out before long. You keep a stiff upper lip, Squire Fairfield, and it'll all come out right in the end," added Dock, as he turned to leave.

"I don't feel quite so sartain as I did that Levi done it," replied Mr. Fairfield.

"Yes, he did, and that nigger got him out of the scrape. Levi's smart, and so's the nigger. Wasn't it cunning for him to say the bag was given him by a man who has gone off on a fishing voyage? I can see through that trick with my eyes shut. I shall keep an eye on Levi, and on that nigger too," said the comforter, as he left the room.

Dock was sorely vexed at the result of the examination. He had been confident that his victim would be committed for trial, but the steward's testimony had saved him. He walked down towards his own house; but he had not gone far before he discovered Mr. C. Augustus Ebénier, going in the direction of the Point. With a little contrivance on Dock's part, they came together out of sight and hearing of everybody.