MURDER!"

On the morrow, through the thick streets newsboys were shouting the word engagingly, as though it were something nice. For further temptation they bawled, "In Gramercy Park!"

Orr was leaving his office. It was four o'clock. He was on his way home. But the name detained him. Murder in Gramercy Park was a novelty which no one aware of its sedateness could comfortably resist. He bought an extra. There, for his penny, in leaded type it stood. In ink, appropriately red, meagre details followed. As these sprang at him, mentally he bolted. Other purchasers were absorbing them pleasurably. A good old-fashioned crime is so rare! Then, too, of all crimes murder in Gramercy Park is rarest. Yet when in addition the victim is a man of fashion what more would you have for a cent?

To Orr the information was excessive. It concerned Royal Loftus, who, the paper stated, had been found early that morning, near a bench in the park, doubled in a heap, a bullet through his handsome head.

No clues, no arrests. That was all. But was it not enough? To Orr, while excessive it was also incredible. Mechanically he read the account again. On his way uptown he bought other papers, less colorful but equally clear. Loftus had been identified. There was no mistake.

But the incredibility of it persisted. A man young, rich, handsome, without apparently an enemy in the world or an idea in his head, to be done for like that was a matter which Orr could not immediately digest.

He tried, however. In the effort he reached his house. There a telephone message awaited him. It asked would he please come to Irving Place. Presumably it concerned the murder. He went at once.

In the sombre parlor Sylvia stood.

"You know, I suppose," he began. Seeing that she did he added, "It is very odd."

Sylvia interrupted him. "There is worse."

"How worse? What do you mean?"

"Fanny was going to run off with him."

"With Loftus?"

Sylvia nodded. Her face, always pale, now was white.

"But," Orr expostulated, "you don't fancy that Annandale——?"

"No." The monosyllable fell longly from the girl. "No," she repeated. "But others may."

"I don't see why. There is nothing to go on. Is there though?"

Sylvia did not directly reply. She looked down at her hands and then at her cousin. "I think," she presently said, "that he must have learned of it last evening after we went away. At dinner I am sure he had no suspicions."

"Had you any?"

Sylvia raised her eyebrows. "I don't know," she remarked, "whether when you were going from here you noticed him particularly, but in the hall he had told her that he would shoot him."

Orr sniffed. "That is rather awkward."

"Then almost at once he went. But where?"

"Have you heard from him since?"

"No, and it is for that reason I sent for you. Won't you go to him and let me know?"

But Orr did not like the errand. It seemed to him that Annandale might be the man. "That, too, is rather awkward," he objected.

Against the objection Sylvia pleaded. Manifestly she was nervous. "If you won't go," she said at last, "I shall."

"Oh, well, if you put it in that way," Orr reluctantly replied, "I suppose I must."

"And you will come back?"

"As quickly as I can."

There is a line of Hugo descriptive of the earnestness with which people gape at a wall behind which something has occurred. Orr recalled it when he reached Gramercy Park. At one end of the park was a great crowd staring at the high fence of iron. It was behind the fence that Loftus had been found. The place itself was directly in front of Annandale's house.

On entering that house Orr was shown into the drawing-room. Shortly, from a room beyond, Annandale appeared.

"You have heard, have you not?" he asked. "But come in here."

Orr followed him to the other room. In it was a sideboard on which decanters stood.

"Will you have something?"

Orr thanked him. Annandale helped himself to a liquor. As he did so the decanter clicked against the glass and, as he raised the glass, Orr saw that his hand shook.

"It is very strange," said Annandale, repeating almost the words which Orr had used to Sylvia. "I had no cause to love the man, but——"

"I know," Orr interrupted. "My cousin told me. But if I were you I would not talk of it. She seemed worried lest you might."

Annandale put down the glass. He was quite flushed. "But," he exclaimed, "she does not suspect me!"

"Of course not. On the contrary. But then the fact suggests a motive which, coupled with any threat you may have made, might, in the absence of other clues, made a prima facie case, which to say the least, don't you see, would be nasty."

"Damnably so!" Annandale muttered dumbly. Then, raising the glass again, he threw out: "But what nonsense! A little after you had all gone from here I went to your cousin's——"

"Yes. I know you did. I met you on the stoop."

"Did you?" said Annandale with marked surprise.

"Why, yes. Don't you remember?"

Annandale passed a hand across his face and sat down.

"Don't you remember?" Orr reiterated.

Annandale shook his head.

"But you remember where you went afterward, don't you? Did you come directly here?"

Annandale made no answer.

"Can't you tell me?" Orr asked. "Or is it that you don't wish to?"

On a mantel opposite the sideboard a clock was ticking. For awhile in the room only that ticking could be heard.

"Can't you?" Orr asked again.

Annandale stood up. It was as though the question had prodded him. He moved to the sideboard. But Orr got in his way.

"Don't drink any more. Try to think."

"I can't," said Annandale. He moved back and sat down. In his face the flush had deepened. It looked mottled. He himself looked ill.

Orr, a hand extended on the sideboard, beat on it a brief tattoo.

"This is rather tedious," he said at last. "It is only a little less than a year ago that you had a similar lapse. Oddly enough, it began as this has, at my cousin's house. But we must try to keep her out of the matter. Were she asked what you said it might be embarrassing, don't you think?"

"What I said? What did I say?"

Annandale as he spoke looked so abject that Orr feared that he might go to pieces there and then. Humanely he changed the subject. "Of course, whoever did it will be nabbed. Meanwhile, it is only to prevent any stupid suspicions that I venture to advise. By the way, have you any idea who could have done it?"

Annandale again ran his hand across his eyes; then, looking up at Orr, he replied: "Not one—unless he did it himself."

"H'm. Well, yes. That might be. But what does Mrs. Annandale think?"

"She does not know. Or, at least, she did not at noon. I heard it then from Harris. I told him not to say anything to her. Shortly after, as I understood, she went out, to her mother's, I believe, though, of course, since then——"

The sentence was not completed. Fanny was entering the room. Orr had always admired her very much, but never so much as then. She was dressed in black, which is becoming to blonds, and richly dressed, he afterward thought, he could not be sure for he lacked the huckster's eye. But his admiration was not on this occasion induced by her looks, though a woman's looks, when she has any, are always notable if unnoticed factors. His admiration was caused by the way she took things.

With the air of one inquiring the time of day she glanced at Annandale and asked, almost with a lisp: "Why didn't you shoot me?"

Orr turned to Annandale. He was rising. From his face the flush had gone. He was lurid. The word lurid is used because it is more dramatic than its synonym, ghastly. And here was drama, real drama, in real life.

"Fanny, you don't think that I——"

Drama, real drama, is an enjoyable rarity. Orr longed to stay and see it out. But, obviously, anything of the kind would have been worse than indiscreet. He picked up his hat.

"Fanny," Annandale repeated, "you can't think——"

"Oh," she interrupted, "you see you made it quite unnecessary for me to think at all. You told me beforehand. Wasn't it considerate?" she added, turning to Orr.

"But I did not mean it," cried Annandale. "As God is my witness——"

"I am a witness," Fanny interjected, interrupting him again. But the interruption was effected without abruptness, without apparent emotion, sweetly, almost lispingly, with a modulation of the voice that was restful to the ear. "And," she added, in the same sugary, leisurely way, but raising now a slender finger gloved in white, "I will swear to what you said."

At this Orr swam, or tried to swim, to the rescue. "Surely," he protested, "you would not do that?"

"Wouldn't I?" she answered, addressing Orr and speaking in the same smiling, seductive fashion that she had to Annandale. "Wouldn't I, indeed! Really, believe me, you are quite in error."

Annandale fell back in the chair from which he had arisen. "Fanny," he gasped, "I did not know a woman could hate like that."

Fanny smiled afresh. "No? Is it possible? But, then, perhaps, you never knew how a woman could love."

She gave a little nod. It was as though she were adding, "Take that."

Orr was buttoning a glove, preparing to retreat. She turned to him: "Don't go. Stay and have a drink with Arthur. He looks as though he needed one."

She moved back.

"Yes, stay," she continued. "I am going." Once more the slender finger gloved in white was raised. "Arthur Annandale, never willingly will I see you again—except in court. For to court I shall go, if only to see you sentenced."

At that, at the splendid ferocity of it, Orr looked at Annandale. When he turned to look at Fanny, silently, no doubt smilingly, she had gone.

CHAPTER VI

WHAT THE PAPERS SAID

That a Loftus should die would, he knew, be enough. But that a Loftus should be murdered, and that Loftus be her son, there was something which, Orr thought, might perhaps overwhelm her. And, as Orr afterward learned, Mrs. Loftus was then sitting, her attendants about her, absently and ceaselessly shaking her head. Nor did the motion of it ever cease. She was palsied.

Before Orr learned of that other things supervened, primarily fresh extras. These of course were indicated. The imagination of the public had been stirred. Of all things mystery affects the imagination most. Here was one agreeably heightened by subsequent editions announcing the projection of the eternal feminine.

Then those that read these sheets felt that they were getting their money's worth. But the feeling was accentuated when one of the papers gratified them with a picture of a girl who they saw was an exceedingly fetching young woman and who they were informed had vanished from her residence, the Arundel, where she was known as Miss Leroy.

Her connection with Loftus, a connection which the neighborhood generally understood, was shown with reportorial ease. With the same ease it was established that he had been with her the evening preceding the night of his death. Bag and baggage the next morning she had flown.

That fact in itself was prodigiously interesting. A young and pretty assassin, what! It was quite like fiction. It was almost too good or too bad to be true. Besides, the picture displayed a girl not merely pretty but quasi-ideal, a face infinitely delicate, disdainful yet sad.

Orr saw the picture and saw too that, while perhaps rather flattering, it did not resemble Marie in the least. As a matter of fact it was an art editor's fake. But that, of course, the public did not know and being fed on fakes would not have cared if it had known.

Then more mystery followed. What were her antecedents? Who were her people? Whence had she come? No one could say. What alone could be said was that a year previous Loftus had taken for her an apartment at the Arundel, where she had resided in a manner otherwise genteel, though with, latterly, but one servant, a negress named Blanche.

At the time the police were as much interested in the servant as the public in the girl. The latter in departing had had the forethought to leave the former behind, and, from her, information relevant and irrelevant was obtained.

To Mr. Peacock for instance, one of the district attorneys, Blanche related that at dinner her mistress liked sweetbreads and sorrel with, now and then, a chocolate souffle.

Mr. Peacock was a florid man with the face of a cupid, the guile of a fox and the voice of an ogre. "I don't care for that," he told her.

"Nor I," Blanche agreeably replied.

"I mean," said Mr. Peacock, "that I don't care about her victuals. She was in love with the dead man, wasn't she?"

"I guess so," Blanche with profound if unconscious psychology replied. "She was always scrapping with him. She——"

"Tell me," Peacock interrupted, "what happened the last night he was there."

"It was awful. He was trying to get rid of her. He wasn't much and I told him so, but he was all she had. When I first came to her she said she was an orphan, that she hadn't anybody anywhere, that they were all dead."

"She may have meant," Peacock with even profounder psychology interjected, "that she was dead to them."

But this insinuation Blanche resented. "She could be lively enough when she liked."

"Who came to see her?"

"Mr. L."

"No one else?"

Blanche shook her head.

"Whom did she write to?"

"How do I know?"

"Didn't you ever see her write to anyone?"

"Well, the last night, after he had gone, she did write a letter and gave it to me to post. When I came back——"

"Whom was it addressed to?"

Blanche shrugged her shoulders. "I don't know, I can't read. When I came back she was crying and getting a few duds together and I helped her."

"Did she tell you where she was going?"

"Sure. To Europe. I saw her off the next day. She went in the sewerage."

"In the steerage, do you mean?" asked Peacock. "But she hadn't any money? Didn't Loftus give her any?"

"She wouldn't take his money, she threw it back at him. She would not take anything he had given her. She left a room full of dresses and jewelry. They are at the Arundel now. She told me——"

"Did you see her on board?"

Blanche nodded.

"Mightn't she have left the ship before it sailed?"

"Yes, if she had wanted. I wouldn't have stopped her. But I stood there and as the ship went out she waved her little hand at me and—and——"

"Do you remember the ship's name?"

But now Blanche was weeping profusely.

"No matter," said Peacock. "I can find out."

He did. He found out, too, that when Loftus was shot Marie Leroy was on the high seas. And there he was without a clue. What is worse, there was the eager public quite as deficient.

Yet though the clue which the girl represented was necessarily abandoned, there remained a theory. There remained even two theories. The first was robbery.

Loftus, when found, had about him not so much as a five-cent piece. The wad of bills which men of means are supposed to carry, and which, having credit everywhere, they never do, was absent. Absent too was the customary watch. The precise use which a man of means and particularly of leisure can have for a watch the police and press did not stop to consider. The absence of watch and money suggested a theory. That was enough.

The theory, however, like all theories, had its defects. Loftus had been found within the park, a few feet from the fence. The shooting might have occurred from without, but unless the assassin had a key or a ladder or a balloon or wings he could not possibly have got in to go through him. Eliminating ladder, balloon and wings, a key the assassin could not have had unless he were a resident in the neighborhood, the agent of a resident, or a caretaker of the park itself. People of this order are as eliminable as balloons and wings.

The theory therefore had its defects. It had, though, this in its favor—the lock of one of the gates might have been picked. It had something else in its favor. It suited the Loftus clan.

Mrs. Loftus, though childless now, was not otherwise alone. Behind her were all the Loftuses, a contingent of relatives socially eminent, ponderable politically, super-respectable, synonymous with the best. To them the death of Royal, however dismal, was not disgraceful—not disgraceful, that is, assuming that it was a footpad's work. On their escutcheon it put a mourning band but not a blackening blot. That blot they feared. They had cause to. The dark, donjuanesque story about Marie Leroy might have been followed by other stories darker still, dirtier if possible, that would begrime them all.

The footpad theory they accepted therefore at once. Had they been able, had circumstances favored them, had the man, for instance, been shot in some way or in some place unknowable to the police, they would have arranged to have had him die decorously, if suddenly, of some genteel complaint, of appendicitis or pleuro-pneumonia. Then there would have been no stories, no extras, no pictures, no notoriety, no fear of that blot.

The fear subsisting, they accepted the footpad theory, glad to find it ready-made, declining to consider any other, desisting from further effort, hushing the matter as well as they could, refusing, though urged, to offer a reward.

Yet, though the theory suited them it did not satisfy the public. It was too tame. They demanded something else. That demand the press, as was its duty, attempted to supply. Through methods unfathomably vidocqesque, the young gentleman connected with the Chronicle—one of the most enterprising sheets—discovered more about Loftus dead than Loftus living could himself have known. They discovered that in the panic he had dropped a bagatelle of five millions, and announced that he had committed suicide. But while at the autopsy it was not demonstrated that Loftus could not have shot himself, at the inquest it was shown that the obligatory instrument had not been found. Even to vidocqesque young gentlemen the suicide theory ceased then to appeal.

But that only deepened the mystery. To dissipate it and, at the same time, to display an endearing pro bono publicanism, the Chronicle offered a reward of five thousand dollars for such information as would lead to the arrest and conviction of the assassin.

Immediately there was a clue.

It was Harris who produced it. Under the guidance of a reporter he was led to the office of the Chronicle, where the young gentleman turned him over to the managing editor quite as though the clue were his own.

"Here, Mr. Digby, is a party that knows who shot Loftus."

Mr. Digby was a small man with a big beard, very well dressed, remarkably civil.

"Yes," he said. "And who did?"

"Mr. Arthur Annandale."

Mr. Digby smiled. He did not believe it. But it stirred him pleasurably. The Chronicle stood for the people. Annandale represented the predatory rich. Besides, it was in front of Annandale's house that Loftus had been found. At once he saw scoops, extras, headlines. Also the possible libel. Meanwhile at a glance he had taken Harris in.

"You are in his employment?"

"Yes, sir," Harris, amazed at such perspicacity, replied. "I am the butler."

"And you saw him do it?"

"No, sir, but I heard him say he would."

"When?"

"The night Mr. Loftus was shot."

"To whom did he say it? To you?"

"To Mrs. Annandale, sir."

"Oho! How was that?"

"It was after dinner, sir. I was in the dining-room. The second man was with me cleaning up. On the floor under the table he found a necklace. I took it in through the hall to the drawing-room. Mrs. Annandale was there with Mr. Annandale. When I was just at the door I heard him say, 'I'll kill Loftus.' I went in and gave him the necklace."

"But why?" Mr. Digby interrupted. "What was he going to kill him for? What was the motive?"

"Mr. Loftus had just gone, sir. He had been dining with us. He and several others."

"Well?"

"Well, sir, when I was in the hall I heard Mrs. Annandale say as how she wanted a divorce."

"Aha!" exclaimed Mr. Digby. "The plot thickens. Was she in love with Loftus?"

"She was that, sir. Anyone could see it."

"Then what?"

"Mr. Annandale went upstairs, came down again and went out."

"Did you attach any importance to his going upstairs?"

"He went to get his pistol, sir."

"Oho! He had a pistol, had he?"

"Yes, sir. A 32-calibre. I bought it for him myself."

"That is a very good story," said Mr. Digby, who was a judge.

CHAPTER VII

HELD WITHOUT BAIL

"Suicide," Orr had replied, "is assassination driven in. It is the crisis of a pre-existing condition, a condition wholly pathological, one which remorse may complicate but which it cannot directly induce. There was nothing whatever the matter with Loftus. He may have been sinful, as you express it, but he was sound. Besides, the man had no more conscience than a tom cat."

Nevertheless Sylvia clung to the theory. She had no other. Hopelessly she hoped that time would verify it. But she suffered acutely. Orr's account of Fanny's attitude frightened her. What frightened her most was the tale that Harris told. The latter she learned from the press.

Meanwhile she had gone to Mrs. Loftus. The old lady had not recognized her, or, rather, had mistaken her for someone else. "My boy is away, Fanny," she said, her head shaking as she spoke. "He is away. I don't know where." She began to whimper.

Sylvia, too, had wept. It was pitiful. The proud, arrogant woman Fate had reduced to a cowering crone.

Meanwhile also Sylvia had tried to see Fanny. But at the hotel where Mrs. Price had been stopping she was informed that both were away. An address was given her to which she wrote. For a time no answer came. Finally from a different address Mrs. Price replied saying that Fanny was ill and asking that their whereabouts be a secret. In spite of the little threat Fanny was not anxious to be subpœnaed.

But that was much later, long after Harris had told the story which Mr. Digby declared to be very good.

This opinion, editorial and offhand though it was, was immediately and officially indorsed. For the story had a double merit. It supplied not merely a clue but a case. A very clear case, too. There was the antecedent threat, the opportunity, the instrument, everything even to the motive which was reasonable enough. The inevitable ensued. Annandale, arrested, was held without bail.

At the news of that Sylvia shuddered. Time touched her. Her eyes ringed themselves with sudden circles. The shuddering passed, but the rings remained. She became whiter, harder, more resolute, divining dimly that somewhere, somehow, there was a duty to be performed. What the duty was to be the press disclosed. Against Annandale was public opinion. There he was convicted instanter. At the injustice, or what seemed to her the injustice, of that she revolted.

But Orr, whom Annandale had immediately retained, dosed her with a platitude. "Public opinion be hanged," he said. "What is it but the stupidity of one multiplied by the stupidity of all. Vox populi, vox stulti. The majority is always cocksure and dead wrong."

In spite, though, of general stupidity there were people sufficiently indulgent to accord Annandale the benefit of extenuating circumstances. The reputation of Loftus, which left rather a little to be desired; the coupling of his name with that of Annandale's wife; the report that for his sake the latter had been preparing to leave her husband; the further report that for the convenience of both Marie Leroy had been shipped abroad; these things reduced the case in the minds of the indulgent to what the French call a crime passionnel, and which, as such, is psychologically and even legally defensible.

But French views are not our views. Besides, admitting their validity, that validity was impaired by the attitude which Annandale assumed. He omitted to admit, and thereby for the time being waived the right to plead, the circumstances advanced in his justification. When charged had he said, "Oh, yes, I did it, and so would you or any other man," there, don't you see, might have been an excuse. But not a bit of it. Up and down he denied that he was the culprit.

A denial such as that has, though, its merits. It puts on the prosecution the burden of proof. Moreover, if you have done anything you should not have it is only common sense to say that you have not done it, to say it in spite of facts, in spite of evidence, in spite of everything and everybody. For if you own up, there you are, while if you don't then no matter what is advanced you may succeed in raising a doubt and in planting it among the jury. But in this case the denial was more serviceable than ordinarily it might have been for the reason that thus far no one had been produced who could say they had been about while Annandale was at it.

These points Orr set before Sylvia. The sophistry of them displeased her. She did not like it, and said so.

"It will get him off, though," Orr confidently replied. "Unless," he hastened to add, "a witness to the act itself should pop up. Then, barring a miracle, he is a goner. But otherwise I will get him off. It may take a year or two, but I'll do it."

"I don't want you to get him off," Sylvia scornfully retorted. "I want him vindicated."

"You see, though," Orr with unruffleable calm continued, "if a witness should pop up, a witness, let us say, whom I cannot discredit, vindication will be difficult. It will be difficult to make twelve imbeciles in a pen believe that when Annandale shot Loftus——"

"He never shot him," Sylvia cried.

"My dear cousin," Orr with the same unruffleable calm pursued, "the beauty of your faith is wonderful. You must come to court and inject it among the jury. Faith that used to move mountains may yet move men. But I doubt it. I doubt that it could make them credit the incredible, the fact patent to me as it should be to you, that though Annandale shot Loftus he was, and for that matter still is, totally unconscious of it."

"He never shot him."

"My dear Sylvia, forgive me. He did. Though what I can say for him and, if needful, I shall say, is that he did not mean to. The intent is the essence of crime. There was no intent here. Of his own free will the man would not hurt a fly. But that night he was not a free agent. He was not even a conscious agent. Of all the cells of his brain but one was awake. In that cell was an incitement inciting him to kill. When the other cells awoke that one cell fell asleep. It has been dormant since then. Only through hypnosis could it awaken. In the interim he knew no more than a somnambulist what he was about. His condition, though, was not somnambulistic, it was a case of psychical epilepsy, a malady superinducible in certain natures by various poisons, of which anger is one and alcohol another."

Orr paused. He looked at his cousin. Incredulity, something else besides, was in her face. He affected not to notice it. "Now," he ran on, "go with a story like that to the average jury. Of course, if need be, I shall have experts, the very best experts, to substantiate it. But the prosecution will have other experts, experts who will be just as good, to deny the possibility of any such thing. In that event it will be only a pleasure to mix them up a bit and to show by their own testimony that they know no more than the law—I don't say allows but—pays them for. Do you mind if I smoke?"

They were seated in the sombre parlor in Irving Place. Meditatively Orr lit a cigarette. Meditatively Sylvia contemplated him.

"Would it not be better," she presently asked, "to show that Loftus committed suicide?"

"Yes, in the event that the pistol is found. It is rather late, though, for that."

Sylvia bent forward. "Melanchthon," she said, "I have heard you say—have I not—that everything is possible?"

"Indeed you have and you will hear me again."

"Then why not ask Miranda?"

Orr looked about for a cendrier; finding one he put his cigarette in it. "You mean the medium. Do you know, I would in a minute, were it not that it will be a long time, perhaps years, before she or any other spook could call Loftus up. When a man is snuffed out as abruptly as he was, he is so stunned and confused that it is quite a while before he can sufficiently collect his wits to reply to any communications from these latitudes. It is tedious that it should be so. The spirit world needs remodeling. But there you are. By the way, where are you to be this summer?"

Sylvia made a gesture. She did not know. It was then June. Fashion had fled. Fifth avenue was empty. The town was an oven. In that oven the girl would have preferred to remain. But at the preference her mother had rebelled. Against Newport Sylvia had rebelled also. She was in no mood for its gaiety. Finally a little place on Long Island suggested itself. Ultimately there they went.

It was in this place that Sylvia heard from Mrs. Price of Fanny's illness. Fanny had disappointed her exceedingly. That she could have so much as contemplated the step which she had in view seemed to Sylvia unspeakable. Her threat, too, in regard to testifying against her husband was in the circumstances but a flagrant avowal of love for the other man. Yet, for that love, how had she been punished! Perhaps now she repented of it. Perhaps now in her illness she needed someone to whom she could unburden her heart. At the thought of that Sylvia wrote at once to Mrs. Price asking might she not come to her. But to this Mrs. Price replied that Fanny after an attack of nervous prostration was now down with typhoid, though with every prospect and assurance of recovery. When she was up again, then, if Sylvia would come, it would, Mrs. Price added, be nice of her.

There is a saying trite yet true that we should hasten to cherish those whom we love lest they leave us forever before we have loved them enough. There is another saying less true and more trite that of those that do leave only good should be said. To Sylvia presently these sayings recurred. Two days after the receipt of the letter from Mrs. Price she read in the papers that Fanny was dead.

The paper fell from her. For an hour, which passed as only such hours do pass, incomprehensibly, without consciousness of time, she sat, still and stricken.

Through raveled skeins of thought of which the tangled threads refused to wholly straighten, she blamed herself for all that had occurred. Not indeed for Loftus. The man, his life, his death, everything concerning him was abhorrent to her. Of him, other than that pity which can mingle with disgust, she had no concern whatever. But when she should have stood most steadfastly by Annandale she had turned from him. Had he not implored her forgiveness, and did she not know that all that God requires is that forgiveness be asked? But no. She had been too proud and that pride she had nursed until it was too late, until Annandale had married, with this double tragedy for climax.

It was all her fault, Sylvia told herself. All her own. Had she not abandoned Annandale he would have had no cause to threaten, Fanny would have lived, there would have been no shock to debilitate her and leave her a prey to disease. Fanny's death was at her door.

Companioned by these thoughts for an hour she sat, still and stricken. When she aroused herself it seemed as though before her two figures stood. One said "I am Duty," the other, "I am Grief."

A message from the latter she imparted to Mrs. Price. Many messages not similar but cognate that lady received. Fanny had been very popular. Her popularity the rumor connecting her with Loftus had necessarily impaired. The arrest of her husband for shooting the man, and for shooting him, as it was generally understood, on her account, impaired it still more. In the upper circles the scandalous may be relished, but it is not indorsed. Had Fanny lived, those circles would have visited their displeasure in not visiting her at all. But death is a peacemaker. It comes and where there was war is a truce. By the worldly Fanny was immediately forgiven and by them as quickly forgot.

It was in July that she died. In September Sylvia returned to town. At once she asked Orr to arrange for her a visit to Annandale in the Tombs.

To that he objected. "You know," he said, "that you will have to testify against him."

"Against him!" Sylvia repeated with an air of utter surprise.

"Why, yes. He was here that night. He has admitted it. You will be asked to tell what he said."

In Sylvia's eyes both disdain and acquiescence surged. "And what of it?"

"But," Orr exclaimed, "there is the threat. He made it in the presence of Harris and repeated it in yours."

"He did nothing of the kind."

"But you told me so."

"You are mistaken. I know nothing of any threat whatever."

"Oh," said Orr with a bow, "this is magnificent."

But he meant heroic. In view of the girl's nature it was certainly that. What is more, it was helpful. With Fanny out of the way, the only one left that could testify to any threat was Harris, and Annandale's word was quite as good as his, better even, for the value of the servant's testimony would be weighed in scales in one of which would be the Chronicle's dollars.

Orr said as much to Sylvia, but apparently his views did not seem to her very novel. It became obvious to him that she had thought it all out for herself.

"Besides," she presently and irrelevantly continued, "I am to blame. If I had not been stupid with him, there would have been nothing to threaten about."

That, Orr thought, was rather putting the dots on the i's. But he did not mind. He was pleased with her. His respect for her had increased. Had she been the kind of a cousin to permit such a thing there and then he would have kissed her.

Yet some reward he felt was her due. As a result the interview which she asked he presently arranged. Under conditions which to her were as tragic as they were humiliating she saw Annandale in the visitors' room at the Tombs. The room itself was not absolutely appalling, and though there was a keeper present, he was quite out of earshot, very oblivious, extremely civil and, parenthetically, handsomely paid.

Orr awaited her at the door. When she rejoined him her eyes were wet.

Orr looked at her. A little tune occurred to him. "Sylvia, Sylvia, I'm a-thinking—" But after all, he reflected, Fanny is dead.

Instantly the girl reddened and very distantly, her head in the air, announced, "We are betrothed."

"Ah," said Orr, "ah, indeed! The engagement will be rather long, I fear."

"Oh, Melanchthon, don't say that. Arthur is as innocent as you are. I know you don't believe it, but——"

Orr interrupted her. "It is not a question of what I believe. Independent of your interest in the man he is my client. I owe him a duty. That duty is to get him off, or to do my best to."

"I know you will," Sylvia fervently replied; "I feel it. So does Arthur. Besides, the only one we have to fear is Harris."

Orr smiled grimly. "Harris, I understand, is not very well."

"Not well? What do you mean?" the girl wonderingly inquired.

"I mean," he enigmatically answered, "that next week when I have him on the stand I propose to give him a little medicine."

Then he smiled again, grimly as before, with an air of personal satisfaction.

CHAPTER VIII

THE DEFENDANT TO THE BAR

Within the Bar, restless as hyenas awaiting their prey, roamed the district attorneys. Against that Bar, crouching there, were Orr and his associate counsel, restless too, but prepared to spring. To the rear were reporters, the flower of newspaperdom, handsome young men dressed to the ears in resplendent collars and astounding cravats. Back of them were the spectators, a solid mass, ladies of every degree except the high one and, with or without them, men whom you would recognize as first-nighters, others whom you would not recognize at all. To the right of the Bar were witnesses for the prosecution, experts in various matters of which gastronomy evidently was one. To the left was the jury, and above, beneath the amber panoply of the Bench, the Recorder sat, an ascetic Solon.

The atmosphere of the room, high ceiled, close packed, was Senegambian. Without you could see, within you could feel, the heat and eagerness of the autumnal sun.

"Arthur Annandale to the Bar!"

Into the court, as though it were a theatre, the defendant strolled, perfectly groomed, the Tombs pallor on his face but none of its dust on his coat, an air of tranquil boredom about him. At his heels was a keeper. He shook hands with Orr, sat down beside him, turned and gave his hat to the keeper, turned again and looked over to a gated inclosure at the right of the Bench where, in a sort of proscenium box, Sylvia sat with her mother.

The entire settings were those of a play. With this difference, it was real, a drama of mud and blood without orchestral accompaniment. After months of preparation, after days of talesmen baiting, on this Indian Summer forenoon the curtain was rising. The jury it had been a job to get. A full hundred were examined, cross-questioned, challenged and rejected before the dozen were boxed. When the last, the twelfth, a cadaverous individual, was accepted the stage was set.

"May it please the Court; Mr. Foreman and gentlemen of the jury."

With three bows and these rituals, Peacock opened for the State, outlining the case of the People, describing the crime, detailing the motive, summarizing the evidence, expressing the wish that the jury would believe the defendant innocent until his guilt had been proved, but declaring that, personally, for his own part, of that guilt he was thoroughly convinced.

Before he had finished Orr was at him. "I object to the District Attorney prejudicing the jury against this gentleman, my client."

That gentleman did not appear to heed. From Sylvia and her mother he had turned to look at the spectators, from them to fabulous beasts that climbed the fluted columns on the walls.

The objection was not sustained.

"And I object to Your Honor's ruling," Orr with a bulldog look threw up at the Bench.

Peacock proceeded. "There, gentlemen, is the crime, there too, the motive. To finish the picture evidence will be adduced."

He sat down. Then getting up, he called the first witness for the People, the Gramercy Park caretaker, who had found the body. The witness was succeeded by others, by the policeman on the beat, by the coroner's physician, by experts and servants.

By turn Orr took them in hand. With some he was curiously perfunctory. Of the caretaker, a meagre old man, with shifty eyes, who appeared very uncomfortable, he asked but four questions.

"When you found the body what did you do?"

"Ran and got the policeman, sir."

"Where did you get him?"

"On Lexington avenue and Twenty-third street, sir."

"Did you find him at once?"

"No, sir, I had to hunt a bit."

"Between the time you found the body and the time you got back how many minutes would you say had elapsed?"

"About ten or fifteen minutes, sir."

"That's all," said Orr.

It was not much. Yet with the policeman, a fat man with a red face and a blue nose, he was even briefer.

"When you reached the park with the last witness, how did you get in?"

"Walked in, sir," the man answered with a grin.

"The gate was open was it?"

"Yes, sir."

"That will do," said Orr.

It was not much either. But with other witnesses, notably with the experts, he fought, he fought with them, fought with Peacock, fought with the Court, would have fought with more had there been more to fight, fought pertinaciously, step by step, reducing testimony to nothing.

Meanwhile the court-room shimmered with silks. Wanderers from Fifth avenue who never in their lives had been in the General Sessions before begged and badgered their way there. It is great fun to see a man tried for his life. But when you have known him, when in addition elements supersensational blend like a halo about him, what more could be decently asked? Yet one thing disappointed. It was regrettable that the prisoner was not in chains, that he could sit there and yawn with every appearance of being at a matinee, a keeper for lackey behind him.

Otherwise the fun, if not fast, was furious. Peacock would ask a question, the lips of a witness would part but before more than a fraction of a syllable could issue Orr would hold him up, hold up the prosecution, hold up the Court. Generally he was overruled. But no overruling abashed him. He arose from opposition refreshing. There were times when Sylvia thought him bowed to the earth, utterly routed, hushed for good. But not a bit of it. At the moment when his ammunition seemed exhausted and his defeat assured, from an arsenal of books before him he pulled weapons wherewith not merely to renew the fight but to win.

In the course of one objection he was commanded by the Bench to sit down. He protested. The Recorder declined to listen to him further, reiterating the order that he be seated. Then with the air and manner of a little boy sent for misbehavior from the room, Orr half turned, hesitated, turned back, and through the exercise of guile unique and his own, succeeded in re-engaging the Court in conversation, protesting his respect, denying his contumacy and presently he was continuing the very objection because of which he had been told to sit down. He did sit down, but long after, when he was ready, when he had succeeded in having his say and his way. Then when at last he did sit down it was with an air of mastery that would have become Napoleon at Marengo. At the moment he was not a lawyer merely, he was an actor, quasi-Shakespearian, a compound of irony and good humor, Falstaff and Mercutio in one.

All this, however, was, to vary the metaphor, but the preliminary canter. That Loftus had been killed was shown and admitted. But it had not been shown nor was it admitted that the defendant was the man. This defect a star witness was to repair. The star was Harris.

Yet, though a star, he looked ghastly. Whether ill or not, he was at least ill at ease. The smug, household-servant air had gone. He seemed to have come from turmoils in Tatterdemalia. He was bruised, dirty, unshorn. But the story which he had brought to the Chronicle he repeated, with embellishments at that. After retailing the tale, precising the motive and elaborating on it, he declared that the love of the defendant's wife for Loftus was common talk—evidence which, though hearsay, Orr indifferently let pass.

Then, after identifying a pistol as the property of Annandale—an exhibit marked A which Peacock had already tried but, held up by Orr, had not wholly succeeded in fitting to the crime—Harris swore that on the night of the murder, at five minutes after twelve, in the room which he occupied at the top of Annandale's house and which overlooked Gramercy Park, he heard a shot; that going to the window he looked out, that he could distinguish nothing, but that going then to the hall he heard someone coming in the house and looking down saw the defendant enter.

"Ha!" said Orr, taking him in hand, or rather, by the throat. For he made no attempt at ordinary amenities. He questioned him ferociously, with an air of personal hatred, with an air of saying, "Damn you, I have got it in for you now."

"What is your name?" he asked.

"Richard Harris, sir."

Orr pounded on the table in front of him. "Your name! Your name! I want your name, not something that you have made up like the rest of your rubbish. How many times have you been in jail? You were once employed in Hill street, Berkeley Square, by the Duchess of Kincardine. When you absconded from there, where was it that the police caught you? Answer me."

From behind the rail objections exploded like shell. But through the running fire of them Orr held his own, sandbagging the man with one charge after another, charge of theft, charge of forgery, but particularly of boasting the week before, in a Sixth avenue saloon where grooms and footmen congregate, that he could testify to anything that he was paid for.

From ghastly Harris turned vermilion. The flush retreating left him livid. Had the fluted columns with their fabulous beasts fallen on him he could not have been more limp. At one question he swayed like an animal hit on the head. At another he hissed like a snake. There were times when he tried to hide from view. It was a curious example of the biter bit.

"That's all," said Orr with tigerish cheerfulness at last.

He had done him. He had given him the medicine. He had more in reserve. Peacock meanwhile had once jumped at Orr, his fist raised. Once he gave him the lie direct. Once he accused him of suborning. But Orr in sandbagging the witness with one hand, had another free for the prosecution. He was gluttonish, giving as good as was sent, very often better.

The Recorder, dismayed at the slugging, protested. "A human being is on trial for his life. I cannot try a case where only counsel are heard."

Immediately Orr supplied him with a diversion. One after another witness for the defense scaled the stand, sleuths from over seas, experts and servants.

In his corner before them Orr prowled. At the witnesses for the prosecution he had roared, sometimes he had bounded at the Bar, sometimes when a move of his succeeded he raised his right hand and looked at it as though surprised that it was not blood red. But now with his own witnesses he was serene, entirely calm, refreshingly civil.

That civility awoke in Peacock the hyena. The first witness Orr produced, a man who, as it afterward appeared, had had a rough and tumble with Harris that morning in the corridor, he partly devoured. What was left of him he sent to the Tombs. As fast as witnesses could be produced he ate them up. It was terrific. You could not help feeling that there are safer places than the witness stand in a murder trial, that you ran the risk of being killed yourself, talked to death if nothing worse.

"Don't go at him like a common scold," Orr engagingly pleaded at one stage of the game. "Why browbeat and bully a witness as you do?" he expostulated at another. "That's all, my friend," he said to one witness, "and let me apologize for the District Attorney's remarks." From his tone and manner never in the world would you have thought him the man who, but a little before, had so thoroughly sandbagged Harris.

Meanwhile questions coarse as oaths, answers frank as sword thrusts, clashed and resounded. One and all Orr's charges were substantiated. The testimony was damning to Harris, infecting everything he had said. From behind the rail Peacock volleyed and thundered. But truth when you get at it is a stubborn thing. So far as Harris was concerned there it stood and there too, during the production of it, Orr stood, quite like an Angora lapping milk. You could hear him purr. The eyes of Sylvia glistened like mica. Now and again Annandale laughed outright.

It is always insufficient to be innocent of a given charge. You must appear so. Annandale did not. Alternately he was bored and buoyant. But not dejected, never depressed. He did not seem to feel that his life was at stake. That is the attitude of the habitual ruffian. But sentiment was veering. Public opinion is a wave that thinks, thinks again, changes its mind, volatile as a woman. At the opening everybody knew that Annandale was guilty. Now nobody was quite so sure.

The Recorder caressed his beard. "I think," he announced, "that I will give the jury a recess."

CHAPTER IX

THE TWELFTH JUROR

She would have said more, but the jury had filed in. The judge was entering, preceded by the cry "Hats off!"

Orr slipped back to his corner, to which Annandale, with his matinee air and the keeper for usher, had already returned. For a moment Orr bent to him, then to his associates but briefly. Bending again to Annandale he told him to take the stand.

The move, wholly unexpected, unusual, almost exceptional in murder cases, created an impression that was excellent, a sense of admiration for the fearlessness of the defense. From the prosecution came low growls of content. They were to be fed at last. In anticipation they licked their chops.

But the excellence of the impression dwindled. In the direct, Annandale denied, of course, that he had committed the murder, denied that he had ever contemplated it, swearing that to the best of his recollection he had made no threat at all.

"To the best of your recollection," Orr repeated after him. "Now please tell me, had anything occurred that night to impair your memory in any way?"

"Well—er—yes. Yes. I had been drinking."

"Had you any animosity toward the deceased?"

"Toward Loftus? None whatever. On the contrary, he was my best friend."

Peacock jumped. "I ask that that be stricken out."

Quietly Orr continued: "Had you known Loftus long?"

"All my life."

"Was he a friend of yours?"

"An intimate friend."

Orr turned to Peacock. "Your witness."

Peacock jumped again. "You say that on the night of the murder you had been drinking. Were you drunk?"

Paternally the Recorder looked over and down. "The witness need not answer that unless——"

Annandale interrupted him. "I am much obliged to Your Honor, but really I have nothing to conceal. I was drunk, deplorably so."

"Habit of yours, is it?" Peacock snapped.

Annandale took a monocle from a pocket, screwed it in his eye, looked through it at Peacock, smiled at him, with an air of fathomless good fellowship, answered: "Dear me, no. Is it one of yours?"

"Oho!" cried Peacock, pocketing the insult but pouncing at the point, "you were drunk on this occasion only. Got drunk for it, did you?"

"No," Annandale blandly and confidentially replied. "You see, don't you know, it was the day of the panic. I had dropped a good lot of money—a good lot, I mean, for me—and, as the saying is, I tried to drown my sorrows."

"But you found that they could swim, didn't you? Now, tell me, among these sorrows was not the greatest the one to which your former butler has testified, your late wife's desire for a divorce in order that she might marry Loftus? Is it not a fact that she told you so, and that you then said, 'I'll kill him, I'll kill Royal Loftus like the dog that he is'?"

"I recall no such conversation."

"What, then, was the nature of the conversation that passed between you and your wife on this particular evening?"

"I don't remember."

"The conversation and the threat to which your butler has sworn may therefore have occurred without your now recalling it. Is that not so?"

"Everything is possible, you know," Annandale answered with a phrase unconsciously borrowed of Orr. "But I doubt it very much for the reason——"

"Here," interrupted Peacock. "I don't want your doubts or your reasons or your haha airs. I want answers from you, direct answers. Where did you go and what did you do after your threat?"

To this Orr objected. A wrangle ensued. Orr was sustained. Peacock reconstructed his question. Annandale answered that he had gone to Miss Waldron's, but that he remembered nothing else.

"Is this yours?" Peacock suddenly asked, producing the pistol marked exhibit A.

"Probably," said Annandale, looking, not at it, but at the ceiling.

"That's all."

Annandale got from the stand. Others succeeded him there, experts for the defense, men who recited their qualities and degrees as though they were eating truffles to the sound of trumpets. One after another they testified that liquor can ablate memory partially, wholly; can ablate it regarding events antecedent and subsequent to a rememorated point between; can, moreover, leave the subject in a condition apparently normal yet actually in a state of trance.

"Do you really regard these people as experts?" Peacock with pitying contempt asked of Orr. Then at once in rebuttal were other experts, equally pleased with themselves, humorously disposing of psychical epilepsy, affecting to regard it as a medicolegal myth. Among the spectators the usual jest circulated. The mendacious were subdivided into liars, damned liars, expert witnesses. Yet there you were. But not Orr. Tortuously he involved the deponents in helpful contradictions, smiling at them, at Peacock and the jury, smiling with an air of saying "You see what confounded idiots these imbeciles are."

But the session was closing. One more witness remained to be called.

"Miss Waldron, will you take the stand?"

With the charming manner of the thoroughbred New York girl Sylvia circled the room. It was refreshing to see her, refreshing to hear the way in which she corroborated what Annandale had said.

"But," objected Peacock, "you had just gone from his house; what did he go to yours for?"

"To restore a string of pearls."

"Did he repeat to you anything that he had said to his wife?"

"Had he attempted to I should have refused to listen."

"Was he drunk?"

"I cannot say. I have never seen anyone in that condition."

"Did he make any threats regarding Loftus?"

"A gentleman does not make threats."

"Miss Waldron, I will thank you to answer me directly. Did he or did he not?"

"He did not."

"You swear to that?"

"I do."

It was perjury, of course. Yet if a girl may not perjure herself like a lady for the man she loves things have come to a pretty pass. That idea apparently struck Peacock.

"Prior to the defendant's marriage you were engaged to him, were you not?"

"I was."

"Are you engaged to him now?"

Very prettily and gracefully, without embarrassment, rather with pride, Sylvia answered: "I am."

"That's all," said Peacock. "The State rests." But as he said it he looked at the jury and sighed, sighed audibly, much as were he adding, "You may judge the value of her testimony from that."

The resting, however, was but figurative. In a moment the summing up began, a summing which, at first passionless as algebra, dealt with technical points.

"Gentlemen," said Peacock turning again to the jury, "the evidence in this case is of the kind known to you perhaps as circumstantial. Evidence of this nature can lead and often does lead to a conclusion more satisfactory than direct evidence can produce. Circumstances cannot lie any more than facts can. Unless we resort to them it is in vain that we attempt to detect and to punish crime. Crime shuns the light of day. It seeks darkness. It courts secrecy. The assassin moves stealthily. He calls no witness to see him shoot his victim down. If you wait for an eye-witness you grant impunity to crime. It is true, and probably you will be so told by counsel for the defense, that there are cases in which the innocent have been convicted. Yet if men have been erroneously convicted on circumstantial evidence, so have they been convicted on direct testimony also. That is not, though, a reason for declining to accept such testimony. The possibility of error exists alike. But because men may err do they refuse to act? Because wheat may be blighted does the farmer refuse to sow? No, gentlemen. Until we have means of knowledge beyond our present faculties we must accept this kind of evidence or grant practical immunity to crime."

The exordium concluded, Peacock warmed to his work. What he said he seemed to literally tear from his mouth. It was an arraignment not delivered but hurled, headlong, with the force and rush of a cavalry charge. Before it Orr's points sank overwhelmed. To replace them with others of his own Peacock made new ones, evolving them with a fire and lucidity that was pyrotechnic. They were like bombs exploding before the jury's eyes. He arraigned the defendant, arraigned the defense, stampeded their tactics, denounced Annandale's manner, which he declared to be that of a hardened criminal, and pictured him as a jealous husband who, in accordance with a plot long premeditated, had first lured his victim to his house, then following him thence had murdered him in the darkness, but who now swore that he was drunk and remembered nothing. "Assuming that he was drunk," Peacock shouted, "his intoxication was a feigned disguise, assumed for the purpose and legally an aggravation of his dastard crime."

Beneath, in the unlovely street, an organ was tossing a jig. The jolts of it mounted to the court, fusing with Peacock's voice, adding their vulgarity to his own, and it was to the wretchedness of them that he said at last: "My duty is done."

He had scored points by the dozen. In as many seconds Orr had their heads off by half.

"Harris, gentlemen, is the rock of the People's case. His hand fashioned it. Without him it crumbles. Let me array for you Harris against Harris."

Leisurely Orr began, showing the man's hand for what it was, not dirty and disreputable merely, but discredited.

"Apart from that hand where is the promised evidence? Where is it? Where is that evidence? Gentlemen, not a bit of evidence have you had, not a molecule, not a minim, not a mite. At best or at worst any evidence producible against this defendant would be circumstantial. In telling you the value of such testimony the District Attorney has been good enough to leave it to me to explain that testimony of this character must, to be conclusive, exclude every other reasonable hypothesis. The District Attorney has further told you that circumstances cannot lie. Of all his statements that one and that one alone is correct. Circumstances cannot lie. But witnesses can. It is from them that circumstances are obtained. And though they furnish a million circumstances, what are these circumstances worth if they themselves are unsound? How unsound that reptile Harris is, you have, I believe, been enabled to judge. But even otherwise, even though the testimony of that saurian seem to you probable, I may remind you that the most probable things often prove false, for the reason that if they were exempt from falsity they would cease to be probable; they would be certain.