THE MAN OF LAST RESORT
Or, The Clients Of Randolph Mason
By Melville Davisson Post
G. P. Putnam's Sons New York And London
1897
CONTENTS
PREFACE
IN this fin-de-sîècle time, society has grown liberal, it is said, and yet he who thrusts a lever under sage customs, or he who points out the vice of institutions long established, may deem himself happy if he be permitted to strip against the duellist rather than the mob. Even if one come new into the courts of the literati with a cloak dyed a different hue from his fellows, he will scarcely have passed the doorway ere the taunting challenge, “Do you fight, my lord?”
The author, in a previous volume entitled The Strange Schemes of Randolph Mason, pointed out certain defects in the criminal law, and demonstrated how the skilful rogue could commit not a few of the higher crimes in such a manner as to render the law powerless to punish him. The suggestion was, it seems, considered startling and the volume has provoked large discussion. A few gentlemen of no inconsiderable legal learning, and certain others to be classified as moral reformers, contended that the book must be dangerous because it explained with great detail how one could murder or steal and escape punishment. If the laws were to be improved, they said, “would it not be more wisely done by influencing a few political leaders?”
While such a criticism does not come from any considerable number of authorities, it has been honestly made and is entitled to consideration.
The vice of it lies, it seems to me, in a failure to grasp the actual nature of our institutions. It is a maxim of our system that the law making power of the state rests in the first instance with the people of the state. This power, for the purpose of convenience, is delegated to certain selected persons who meet together in order to put into effect the will of the people.
The so-called law-makers are therefore not law-makers at all, in the sense of being originators of the law; they are rather agents who come up from their respective districts under instructions. Such agents are simply temporary representatives of the citizens of their respective districts, directly responsible to them and charged with no duty other than that of putting their will into effect. The agent or delegate should therefore approach very conservatively any matter upon which the will of his constituency has not been satisfactorily determined. It is, then, apparent that the influence which makes or which alters the law is a force exerted from without. No change in the law can be properly or safely brought about except through the pressure of public sentiment. The need for the law must be first felt by the people and the demand for it made before the legislator is warranted in acting. The representative would otherwise become a presumptive usurper, afflicting the people with statutes for which there was no public demand; and such laws, so improperly obtained, would be without the support of public sentiment and would be liable to repeal.
Hence it is entirely clear that if the existing law prove to be unjust or defective, the people must be brought to see and appreciate such injustice or inadequacy and to demand the requisite modification.
This contention can, as it seems to me, not be gainsaid. It is respectfully urged that no other method of securing wise changes in the law can be properly pursued under democratic institutions. To hold otherwise is to take issue with the wisdom of democracy itself, and with so rash a champion the writer has no spear to break. Indeed, he makes this explanation with immense unwillingness, as he feels that he should not be required to defend a truth so evident. It is like demonstrating gravely that the earth is round and that sun light is an energy.
Yet he is advised that attention should be called to this matter, lest the thoughtless condemn upon a hearing ex-parte. Indeed, even after the punishment of la peine forte et dure is gone out these many hundred years, the good citizen will hardly hold that one guiltless who stands dumb while hidden evils assail. If men about their affairs were passing to and fro across a great bridge, and one should discover that certain planks in its flooring were defective, would he do ill if he pointed them out to his fellows? If men labored in the shops and traded in the market confident in the security of their city's wall, and one should perceive that the wall was honeycombed with holes, could he stand dumb and escape the stigma of being a traitor? The law makes little difference in the degree of moral turpitude between the suppressio veri and the suggestio falsi. Both are grievous wrongs. The duty of the individual to the state is imperative. He cannot evade it and continue to regard himself as a worthy citizen.
Is there not in all this criticism a faint suggestion of the men who “darken counsel by words without knowledge”?
Lycurgus taught the laws to the people, Solon taught the laws to the people. The Roman law provided for a final appeal from the consul to the people, and the very essence of republican institutions lies, as has been said, in a recognition of the people as the source of the law-making power. If the law offers imperfect security and is capable of revision, the people must be taught in order that they may revise it. If it offers insufficient security and is incapable of revision, then the people must be taught in order that they may protect themselves. This conclusion is irresistible. To counsel otherwise is to share in the odium of that short-sighted ambassador who urged upon Pericles the wisdom of reversing the tablet upon which the law was written in order that the people might not read the decree.
Surely, then, he who points out the vices of the law to the people cannot be said to do evil, unless the law of the land is to be made by a narrow patriciate sitting, like the Areopagus of ancient Athens, with closed doors.
That yesterday in which the enemies of society plied their craft by means of the jimmy and the dark lantern is now almost entirely past. The master rogue has discovered, with immense satisfaction, that the labor of others may be enjoyed, and the results of their labor seized and appropriated to his uses, without thrusting himself within the control of criminal tribunals.
Wise magistrates, laboring for the welfare of the race, have been pleased to write down what should be done and what should not be done, and have called it “law.” The citizen, having no time to inquire, has gone about his trade under the impression that these rules were offering ample protection to his person and his property. But the law, being of human device, is imperfect, and in this fag end of the nineteenth century, the evil genius thrusts through and despoils the citizen, and the robbery is all the more easy because the victim sleeps in a consciousness of perfect security.
The writer has undertaken to point out a few of the more evident inadequacies of the law and a few of the simpler methods for evasion that are utilized by the skilful villain. It must be borne in mind, however, that more gigantic and more intricate methods for evading the law and for appropriating the property of the citizen are available. The unwritten records of business ventures and the reports of courts are crowded with the record of huge schemes having for their ultimate purpose the robbery of the citizen. Some of these have been successful and some have failed. Enough have brought great fortunes to their daring perpetrators to appal that one who looks on with the welfare of human society at heart.
The reader must bear in mind that the law herein dealt with is the law as it is administered in the legal forms of his country, in no degree changed and in no degree colored by the imagination of the author. Every legal statement represents an established principle, thoroughly analyzed by the courts of last resort. There can be no question as to the probable truth of these legal conclusions. They are as certainly established as it is possible for the decisions of courts to establish any principle of law.
The reader is reminded that the schemes of skilled plotters, resorted to for the purpose of defeating the spirit of the law, are, for the most part, too elaborate and too intricate to be made the subject of popular discussion. An attempt to explain to the but half-interested layman plots of this character would be as vain as an attempt to demonstrate an abstract problem in analytical mechanics. The knaves who have been pleased to devote their energies and their capacities to problems of this nature are experts learned and capable, and against these the average man of affairs can defend himself but poorly. He may be warned, however, and the author will have accomplished his purpose if he succeeds in identifying the black flag of such pirate crafts.
In the present volume he has deemed it wise to continue to utilize as his central figure the lawyer, Randolph Mason,—a rather mysterious legal misanthrope, having no sense of moral obligation, but learned in the law, who by virtue of the strange tilt of his mind is pleased to strive with the difficulties of his clients as though they were mere problems involving no matter of right or equity or common justice.
This emotionless counsellor has already been introduced to the public. He has been described as a man in the middle forties. “Tall and reasonably broad across the shoulders; muscular, without being either stout or lean.” His hair was thin and of a brown color, with erratic streaks of gray. His forehead was broad and high and of a faint reddish color.
His eyes were restless, inky black, and not over large. The nose was big and muscular and bowed. The eyebrows were black and heavy, almost bushy. There were heavy furrows, running from the nose downward and outward to the comers of the mouth. The mouth was straight, and the jaw was heavy and square.
“Looking at the face of Randolph Mason from above, the expression in repose was crafty and cynical; viewed from below upward, it was savage and vindictive, almost brutal; while from the front, if looked squarely in the face, the stranger was fascinated by the animation of the man. and at once concluded that his expression was at the same time sneering and fearless. He was evidently of Southern extraction and a man of unusual power.”
This counsellor, keen, powerful, and yet devoid of any sense of moral obligation, is possessed of this one idea—-that the difficulties of men are problems and that he can solve them; that the law, being of human origin, can be evaded; that its servants, being but men like the others, may be balked, and thwarted and baffled in their efforts at a proper administration of this law.
It is the age of the able rogue, and, in examining his rascally schemes, the writer has finally come to believe that the ancient maxim, which declares that the law will always find a remedy for a wrong, is, in this present time of hasty legislation, not to be accepted as trustworthy.
(See the learned opinion of Mr. Justice Matthews in the case of Irwin vs. Williar, no U. S. Reports, 499; the case of Waugh vs. Beck, 114 Pa. State, 422; also Williamson vs. Baley, 78 Mo., 636; 15 B. Monroe, Ky. Reports, 138. See also, in Virginia, the case of Machir vs. Moore, 2 Grat., 258.)
THE GOVERNOR'S MACHINE
I
THERE was something on the Governor's mind, and when this condition obtained, interesting events had usually followed in the far Southwest. This highly mystic mental status had preceded the efforts of a Federal Court to compel him to act under a mandamus, and the result was history. It had preceded a memorable conflict between the legislature at large and His Excellency, the Governor, also at large, and immediately thereafter a certain statute had sprung into existence prohibiting the massing of State troops within one hundred miles of the Capitol during the sitting of the Solons of the Commonwealth; but it was a law after the fact. It had preceded also the mercurial efforts of the so-called patriotic orders to impeach the Executive for malfeasance, misfeasance, and nonfeasance,—an effort that had brought to its instigators only a lurid and inglorious rout.
The Governor was standing at the eastern window of his private office looking out at the monotonous brown tablelands stretching away to the foothills of the blue mountains that marked the outer limits of his jurisdiction. He was a young man, this Governor, with the firm, straight figure of a soldier and the gracious bearing of important ancestry. His eyes were brown, and his hair and Van Dyke beard were brown also—all indicative, say the sages, of precisely what the Governor was not. He was perfectly groomed. Every morning when he walked down to the State-house he was the marvel and the fastidious spotless idol of the far Southwest.
One would have imagined that this handsome fellow had just stepped out from a smart New York club, could he have forgotten that such an institution was almost a continent to eastward. The Governor had maintained that it was quite possible to live as a gentleman should wherever Providence had provided Chinamen and water, and that the matter was not entirely hopeless if the Chinamen were not to be had, so the water remained.
It was true indeed that the Executive had maintained his customs with no little pain against the divers protests of gods and men, ofttimes wrought in silence, but not infrequently urged fiercely in the open. But the Governor was not one with whom meddling folk could trifle and preserve the peace. This fact certain bad men had learned to their hurt west of the Gila, and divers evil-disposed persons regretted and were buried, and regretted and remembered south of the Pecos. So that in time this matter came to be regarded as a peculiarity, and passed into common respect as is the way with the peculiarities of those expeditious spirits who shoot first and explain afterwards.
The Governor was aroused from his reverie by his private secretary who came in at this moment from the outer office.
“Governor,” said the young man, “there is a strike at the Big Injin.”
“Well,” replied the Executive, “telegraph the sheriff.”
“But,” said the Secretary, “the sheriff has just telegraphed us.”
“Then,” continued the Executive, “send a courier to Colonel Shiraf.”
“But Colonel Shiraf is out on the Ten Mile.”
“In that case,” said the Governor, “you must go up to the mines, and if the dignity of the Commonwealth needs to be maintained, you will maintain it, Dave. You should find some troops at the post, some herders at the cattle ranch, and a very large proportion of the State Guards, by this time quite drunk, at a horse fair in Garfield County. If they are required, notify me.”
As the secretary turned to leave the room, the Governor called him back. “Dave, my boy,” he said, “peace in this Commonwealth is a sacred thing—a superlatively sacred thing, so sacred that we are going to have it if thereby the word 'census' becomes a meaningless term; and remember, my boy, that the State is very expeditious.”
The secretary went out and closed the door behind him, while His Excellency, Alfred Capland Randal, forgetting the report, turned back to the window. The air from the great brown plain came up dry and hot; above the blue mountains the sun looked like a splotch of bloody red, and over it all brooded the monotonous—the almost hopeless silence of the far Southwest.
The something on the Governor's mind was a something of grave import, for which he could evidently find no solution, and presently he began to pace the length of his private office with long strides, and with his hands thrust deep into his pockets.
Suddenly the door opened and a Chinaman entered with a telegram. The Governor looked up sharply, and taking the envelope tore it open with evident unconcern. When his eyes ran over the message he drew in a deep breath, and, seating himself at a table, spread out the paper before him. This was the advent of the unexpected, for which Mr. Randal was not quite prepared, and this his manner exhibited to such a degree that the stolid Celestial wondered vaguely what was up with the big foreign devil.
“Our train stops at El Paso,” ran the telegram, “you will come up, won't you?—M. L.”
The Governor stroked his Van Dyke beard, and the fine lines came out on his face. “Of all times,” he muttered. Then he turned to the Chinaman. “Have my overcoat at the depot at six. I am going to El Paso, and shall not return until late.”
The Chinaman vanished, and the Executive crushed the telegram in his hands, thrust it into his pocket, and resumed his march up and down the private office.
This Governor was the crowning achievement of a machine. He was the elder son of an ancient family in Massachusetts, and had been reared and educated in an atmosphere of culture. It had been the intention of his family to have him succeed his father with the practice of the law, but the plans of men are subject to innumerable perils, and it soon developed that young Mr. Randal was not at all adapted to the duties of a barrister. Indeed it was very early apparent that nature had intended this man for the precarious vagaries of a public life. He was magnetic, generous, with a splendid presence, and the careless, speculative spirit of a gambler. In truth, Alfred Capland Randal was a politician per se. While in college he had been a restless element, injecting the principles of practical policy into everything he touched, from the Greek-letter fraternities to the examinations in Tacitus, and all with such reckless, jovial abandon that divers sage members of the faculty speculated with much wonder as to which particular penal institution would be his ultimate domicile.
At times the elder Randal had been summoned to attend these grave sittings of the faculty, and straightway thereafter the rigid New England lawyer had lectured his son at great length and with bitter invective, to which the young man attended in a fashion that was amiable, and immediately disregarded in a fashion that was equally amiable. Thus in the Puritanic bosom of the father the conclusion grew and fattened and matured that the eldest scion of his house was an entirely worthless scapegrace, while the son was quite as certain that his father was a very sincere, but an entirely misguided old gentleman.
The result of these divergent opinions was that on a certain June evening young Randal sat down upon a bench in the park of his father's country place with the express purpose of planning his career. Out of the confidence of youth he determined upon two ultimate results. One was, of course, wealth, and the other was an elaborate and entirely proper wedding ceremony with a certain Miss Marion Lanmar. This young lady, Randal had met at a football game at Harvard, and afterward in New York, where she resided with her aunt, Mrs. Hester Beaufort.
The gigantic confidence of youth is certainly a matter of sublime wonder to the gods. One at all familiar with the ways of things would have at once pronounced both results quite impossible to the improvident young man. But from the standpoint of exuberant youth there seemed to be no important obstacles except the possible delay, and this was not very material, as the world was young and these were things to be had in the farther future.
For the present, Randal determined to organize a political machine and transport it into one of the remote Western States. The East offered no theatre for his talents; it was closely organized; its political machinery was too strong for him to hope to oppose it. He would be crushed out in the first skirmish.
Nor could he hope for early recognition by allying himself to any one of the established organizations. These were crowded with deserving men, and besides, he had no intention of serving as a political apprentice. He had ability, he believed, as a political strategist, and he proposed to operate free and untrammelled in a big, breezy arena.
Having determined upon a course, young Randal at once proceeded to put it into operation. He held a council of war at the Plaza on Fifth Avenue with two of his college associates, a stranded gambler, called for convenience “Billy the Plunger,” and an old Virginia gentleman named Major Culverson. The council sat in secret session for three days, and the result was that the machine moved out into the Commonwealth of Idaho, and began to operate. But the manners and customs of the West were varied and mystic, and with the following summer the machine, badly shaken, moved over into Nevada. Here, at Tulasco, on the Central Pacific Railroad, the first college man deserted and, helped by his father, returned with great penitence to the civilized East.
The machine passed on across the Humbolt River and proceeded to attempt to shape the political destinies of Nevada. But disaster was following in its wake, and, after an active and turbulent but quite unprofitable career of a few months, it moved southward, battered and beaten, but unconquered.
On the night of the third of October, the machine tramped into Hackberry, on the Southern Pacific, and while men slept, the second college man, concealing himself in a freight car, set out for the Atlantic coast, cursing with lurid language all that part of the continent lying west of the Mississippi.
On the following morning the machine held its second great council, but this time it sat in desperate conclave above the Cow-Punchers' Saloon in the town of Hackberry, facing a condition and not a theory. But three members remained—Randal, the dauntiess Culver-son, and Billy the Plunger.
The gambler was for organizing a faro bank, and working the towns down the Gila, but as the bank had no funds, and the death rate usually attendant upon such ventures in this primitive country was enormous, his plan was held impracticable, and at four o'clock in the afternoon he ceased to urge the wisdom of his scheme, and after having announced with great solemnity that he was game to any limit the gang wanted, he lapsed into the capacity of a spectator.
The Major advised moving south into Mexico, but as he seemed to have no definite idea of what should be done when Mexico was reached, and it finally appearing that moving south was simply a fad with Culverson, the plan was likewise abandoned.
Young Randal, fired by his unabated purpose, urged the wisdom of trying a round with the political fortunes of Arizona, but it was demonstrated that he was considering a major venture, having for its object huge honor, while at present there was crying need for some minor venture that would probably result in the necessaries of life and a few hundred dollars. Accordingly, at three o'clock in the morning, the machine decided to assume, for a time, the vocation of the cattle herder, and accept employment with a certain stock king of New Mexico.
It was understood, however, that this digression should be temporary, and should be abandoned just as soon as the machine should feel able to resume its original purpose. It was at this point in the deliberations of the conclave that Major Culverson made his famous statement, to wit, that the gates of hell could not ultimately prevail against a political machine composed of a Massachusetts Yankee, a dead game sport, and an old Virginia gentleman.
From this time forth the career of Randal's machine was a concatenation of fortunes and misfortunes, principally the latter, quite incredible. But the three men clung together, and a single enthusiastic purpose is a marvellous motor power, so that when Fate finally lent a helping hand, the machine became a something of importance in the affairs of a Southwestern Commonwealth. Once on the upward way, the ability of Randal and the daring energies of his associates carried it forward with great strides, so great that on the evening of the day with which this history has to do, the Massachusetts Yankee was the Governor of a State, the Major was Auditor, and Billy the Plunger, now known by his signature as Ambercrombie Hergan, was Secretary of State.
The sun had gone downward from sight behind the far mountains, now changed from blue to a murky gray. The Governor, recalled to a sense of the hour, closed his mahogany desk, locked the door of his private office, and walked leisurely out through the State-house. As he passed down the steps of the Capitol he met the Auditor coming up.
“How are you, Al?” said the Auditor.
“Charmed,” replied the Governor.
“Ah,” said the Major, with great ceremony, “you may be charmed, sir, but to me, sir, yuur face wears the haunted look of one who holds three nines against what he strongly suspects to be a pat hand.”
“Sage,” said the Governor, bowing, “I tremble for my hidden thoughts.”
“You're a fool,” said the Major, stepping up beside the Executive. “I want to know where you are going.”
“I!” said the Governor, “I am going to the southeast. Do you see that little railroad? I am even now about to commit myself to its irresponsible mercies.”
“You must not go, Al,” continued the Auditor. “Attend, I will nominate the reasons. First, there is a julep party at my palatial residence.”
“Insufficient,” said the Governor.
“Second, there is a strike at the Big Injin.”
“Insufficient,” said the Governor.
“And third,” continued the Auditor, lowering his voice, “Honorable Ambercrombie Hergan is at this very hour in the second room of Crawley's Emporium, playing the taxes of Bolas County, and losing them, sir, losing them.”
The Governor's face grew hard, and his remarks for a moment were quite unprintable. Then he turned to the Auditor.
“Ned,” he continued, “you must get him out, and take him up to my residence. I will be here by ten o'clock. I am compelled to go to El Paso. I can't get out of it. I am compelled to go.”
“Compelled?” ejaculated the Major, “who, in the name of all the living gods, is compelling you? He must be greater than the railroads, greater than the legislature, greater than the Federal Court. Compelling the Honorable Alfred Capland Randal? Shade of the blooming Witch of Endor!”
“Ned,” said the Governor slowly, “I will explain it all just as soon as I can. In the meantime you must help me. You must get him out. Won't you, Ned?”
The Governor put his hand on the Auditor's shoulder, just as he had done a thousand times before when he needed the help of this unusual man. And, just as he had done a thousand times before, the Major declared that the Executive was a “damned rascal” and a “no account youngster,” and that he would not do it, when all the time he knew deep down in his heart that he loved this straight young fellow better than any other thing in the world, and that presently he was going to do exactly what he said he would not do.
The Governor knew this also, for he ran down the steps without stopping to interrupt the amiable flow of the Auditor's depreciatory remarks.
At the depot he found the Chinaman, Bumgarner, waiting with his coat.
That such a primitive Celestial should be saddled with such a name arose entirely from the pious instincts of the Major. It happened that the Virginian was standing in a crowd at the corner near Crawley's Emporium when the Chinaman first appeared, having tramped from the coast. The Major, who was slightly in his cups, called the Chinaman over to the corner, and inquired by what appellation he was known, to which the foreigner responded that he was called Fu Lun. “Fu Lun!” shouted the Major, fiercely, “a name smacking of the devil, and not to be tolerated in a Christian State.” And then turning to the crowd, “Gentlemen,” he continued, “behold! I do a goodly missionary work. I rebuke the evil spirit dwelling in the bosom of this heathen. I give it a Christian name. I name it Bumgarner.”
Thus the first evidence of civilization fastened upon the Celestial, and, as the Major's mandate was not to be disregarded, as “Bumgarner” the Chinaman had gone.
The journey to El Paso was not an idle one for the Governor. In a very short time he should be in the presence of Miss Marion Lanmar and her aunt Mrs. Beaufort, and, of all times since their first eventful meeting, this was the very time he was not prepared for an interview. Prior to the notable exodus of the machine to Idaho, Randal had called upon Miss Lanmar, who was at that time a very young woman in college. The two were quite important, quite enthusiastic, and pitiably ignorant of the world's ways.
This last meeting to them seemed big with fate, and was dramatic to the limit of a playactor's rehearsal. Youth lent to it all the glamour of romance. To Miss Lanmar young Randal was her chivalrous knight-errant, on the eve of his departure into a wild and unknown land full of mysterious peril, in quest of wealth and fair fame, all for her. To Randal she was the Lily Maid of Astolat, whom it was fate that he should worship with noble deeds until he won. It was all in strict accord with romantic custom in such cases made and provided, and terminated quite in keeping with the ideal conventions.
When the door had closed upon the handsome young fellow whom Miss Marion Lanmar had promised to love for ever more, that young lady remained standing motionless by the mantel shelf, her face very white, and her heart very desperate and very true. To the dainty Miss Lanmar it was all very real, and by no means the pretty little comedy which the world out of its practical wisdom would have known it to be.
To Mr. Alfred Randal, as he passed down the steps of Mrs. Beaufort's residence on the avenue, the world was now a vast arena, into which he was going, armed and knighted with his lady's colors on his helm. His heart beat high in his bosom. He would be a factor in great affairs; the hour would come when he would return, famous, wealthy past belief, announced by the heralds. He could not know that he was but another character in that sweet old fairy story which men and women have striven to act over and over again before they learn with dumb horror how pitiless and how practical are the ways of Providence.
Yet the wise man who accompanies the youth to the gateway of the arena will not say: “To-morrow Circumstance will beat you from your horse and tramp you under, and instead of returning victor, you will return a cripple.” Although the wise man knows full well that of all results this latter is most probable, yet he will not say it, because the enthusiasm of youth is a marvellous power, difficult to estimate, and what it may accomplish no man can tell.
The Governor had not seen this young woman after that night, but he had clung to his intention with the determination of a man who has a single object in life. An intermittent correspondence had been maintained, but after years this intention to wed Miss Lanmar had become rather an ideal something, and in this there was peril. But a few weeks before, he had intimated vaguely, that he was now a person of some local importance, and with no inconsiderable prospects of wealth, and to this Miss Lanmar had intimated quite as vaguely that she was waiting. But in it all there, seemed to be a powerful, albeit somewhat indistinct doubt. Years had passed, and years had a way of working frightful changes in people. The Miss Lanmar of to-day could not be the school-girl whom he had known.
The Executive leaned back in a seat of the stuffy little coach and speculated with grave concern At any rate, this alliance was now quite impossible. Complications had been thrust in; a duty, or what he conceived to be a duty, had sprung up, and this duty it was not his intention to evade.
II
THE Governor walked gravely down the long platform at El Paso, looking up at the windows of the Pullmans, wondering, rather indistinctly, how he should be able to recognize the irridescent princess of his romantic youth. A negro porter touched him on the arm and inquired if he was Governor Randal. The Executive replied that he was, whereupon the negro with much profound obeisance announced that Miss Lanmar was waiting in the drawing-room of the opposite Pullman.
The Governor sprang up the steps of the coach. As he entered, a young woman, wearing a dark travelling dress, came forward to meet him. She was of medium height, with heavy brown hair, fine eyes, arched brows, and quite a faultless nose. But the great charm of the woman was her splendid bearing, and her instinctive culture.
Just how this meeting began Alfred Randal could never afterwards quite recall. He could remember in vivid details the first picture of this superb woman as she arose to greet him, but then, just then, the love of his youth that had seemed to sleep under an anaesthetic for so many years, suddenly woke into glorious life, and gushed into his heart and overran his senses with its marvellous vitality. What transpired thereafter was provokingly indistinct. He remembered being presented to the aunt, Mrs. Beaufort, and her astonishment, and her incredulous query as to whether he lived in this “terrible country” to which he had replied that he could not be said to live, but that it was his part to exist in this rather primitive land. He remembered that the three sat together in the drawing-room of the coach and talked of his return to New York, of his ultimate success, and his assured future. He remembered also that for the time he had forgotten the grave difficulty in the way of such a future and his stern decision made but a few minutes before. He remembered also that through it all he had been very foolish and very confident and idiotically happy, and how at the parting he had kissed Miss Lanmar's hand and blushed like a school-girl, and then jumped down from the moving train at the peril of his life.
The Governor stood upon the platform and watched the great train as it thundered away in the distance. The interview which had just ended, although a thing apparently unreal, had swept him out from under the influence of an illusion that had served to make his life in the great Southwest bearable, even happy. From this time forth it could never be what it had been. The man felt like one who, having been so long a captive in a dungeon that he was half content, and his memories of the world had become vague and unreal, is suddenly and without warning lifted into the sunshine of the great glorious world and held there until his heart is filled to drunkenness with the beauty of it all, and then, ruthlessly and on the instant, is thrust back into the rayless gloom of his dungeon.
Randal stood for a time looking at the rows of dim lights scattered about the station like dismal fireflies. Then he crossed to the freight train upon which he was to return and climbed up into the cab with the driver.
“What time shall we get in?” he asked.
“By the top of the night, Governor, if we have luck,” answered the driver, pulling open the throttle.
The engine snorted and pounded along in the dark like some huge beast. The Governor sat in the cab window and looked out. The night air was sweet and cool, his face was hot. Two hours before he had decided what he should do, and dismissed the matter; but new and powerful elements had arisen and ordered him to rehear and decide anew.
Ambercrombie Hergan had lost and wasted the money of the State. There was now a deficit in his accounts of some fifty thousand dollars. There was no way by which this loss could be met unless Randal should pay it, and to do this would take everything he had on earth. It would mean the sacrifice of his mining stock, which, if held, promised great returns. It would be ruin, utter ruin, to make good the loss; yet the gambler, although a gambler, was his friend, and two hours before he had not hesitated at all.
Motives, mighty, selfish motives, which until this hour he had beaten back, now leaped up clamoring to be heard, howling for time against his decision, time to show the right of their cause, the wisdom of it, the ultimate justice of it. Something asked him roughly what right had he to jeopardize the future of this woman who loved him. What right had he to deceive, to sacrifice her? Who was Hergan that he should be considered against this woman? Who, but a reckless and improvident adventurer? It was not his own happiness urged the something; that would be a matter of little moment. It was the happiness of another, and that other was true, innocent of wrong, superlatively just. What contrast could be drawn between the woman and this gambler? Duty? What duty could he owe to the irresponsible Hergan that could approach in the slightest part the measure of the duty which he owed to the woman who had trusted him for so many years, and waited, and loved him?
Yet against all this, certain pictures came up from the past,—vivid, proclaiming a mighty truth, a truth which the man knew and acknowledged in his heart, the truth that if these positions were reversed, Hergan, gambler though he was, would not hesitate for a moment. Had he hesitated that morning in the Rio Grande when Randal's horse had fallen and was being swept down with the current, carrying his master under him, tangled in the stirrup strap? Had he hesitated when it became necessary deliberately to steal and burn the bogus ballots in Garfield County, when to do so seemed little less than deliberate suicide? Had he hesitated that terrible day on the Rio Sonora, when there was no time for warning, but time only to spring forward and take the knife in his shoulder? Had this man ever hesitated when the welfare of Randal was at stake? Would he not gladly, and without comment, give up his life to-morrow if the Governor should ask it of him?
The Governor passed his hand across his forehead and closed his eyes. When he opened them he had decided, and against this second decision there should be now no appeal and no rehearing.
III
THE Secretary of State was far removed from the ordinary. He was one of those not infrequent persons whom men are quite unable to classify. At times he arose far beyond the limits set for him by his associates, and at times he dropped far below. There was about the man a sort of indefinite reserve that impressed his fellows and inspired confidence in those positions requiring rash and apparently impracticable moves. Ordinarily, in commonplace affairs, his judgment was not considered sound, or even valuable, and at such times no one would have thought for a moment of advising with this man. It was only when sound common-sense could see no way out that the machine appealed to Hergan, and at such times he came forward with some freak venture which was frightfully perilous and never ordinary, and never quite a failure.
Success, usually arose, however, not from the ultimate wisdom of Hergan's plans, but from the fact that his unique move would throw the affair into a sort of convulsion resulting in a new situation, and this new situation the sound judgment of his fellows would usually be able to control. The counsel of Ambercrombie Hergan was a protean agent.
The grave vice in the character of the Secretary of State lay in the fact that he possessed no idea of perspective. He would wager his last dollar with the same joyous unconcern with which he had wagered his first, and he would have staked the entire Southwest, if he possessed it, as readily as a Mexican peso, upon the turn of a card or the result of a horse race. As to the antecedents of the Honorable Ambercrombie Hergan, even conjecture was silent. He had come up from a mysterious substratum of New York,—for what, and by reason of what, no man inquired. This mighty new land traced no records and propounded no questions. The arena stood open with its doors thrown back. Any combatant who pleased could enter. Heralded or unheralded, it mattered not. Good or bad, learned or ignorant, of yokel blood or princely lineage, it mattered not. If he were fittest, he could win.
From this organic defect of his mental build, and not from evil animus, had resulted the sad state of the Secretary's accounts. He had never entirely appreciated the important distinction between his own money and that which belonged to the Commonwealth. He had been thoughtless, reckless, unconcerned, until now he was hopelessly involved. Yet even at this stage when his term of office was fast drawing to a close, he failed to appreciate the gravity of his position, and treated the matter with good-natured unconcern, as of no moment.
The Auditor and Secretary of State sat together in the Governor's library awaiting his return. In appearance the Auditor was a muscular little man of most marvellous vitality, with a fierce white mustache, and a fund of quaint oaths and semi-dramatic phrases hugely expressive and at times artistic; while the Honorable Ambercrombie Hergan was very tall and very broad, with a shock of heavy black hair, wide jaws, and a big crooked nose. Far back in his youth this nose had been straight, but one night, in a barroom on the Bowery, a difference of opinion had arisen over some inconsequential matter, and thereafter the gambler's nose had assumed a contour not contemplated in the original design.
The Major was talking, and pounding the table vigorously, when the Chinese servant entered with a tray and some glasses. The Virginian drew himself up and stepped back from the table.
“Well, Bumgarner,” he said, “I hail your resurrection; I glory in your return to life. You have been dead no inconsiderable period, sir.”
The Chinaman replied that he had been engaged in a laborious but unsuccessful hunt for the bottle of Angostura bitters.
“Angostura bitters?” cried the Major, “marvellous, inscrutable heathen! Will you deign to reveal your reason for requiring the Angostura bitters?”
The Celestial responded that he presumed bitters was an element requisite to the rather mysterious drink which he had been requested to compound.
“Hear him, hear him!” thundered the Major, as though addressing some present but invisible avenging demon; “hear the vandal! Bitters in a julep! Mighty, intelligent shade of Simple Simon! Attend and observe the idiocy of this savage!” Then he crossed to the astonished Chinaman and took him gently by the collar.
“Bumgarner,” he said softly, “you are a frightful example of man's neglect. You have been trained by a Massachusetts Yankee. Ergo, your lack of knowledge is sublime. Bitters you might put in a plebeian gin fizz, and be happy thereafter. Bitters you might put in a high ball of whiskey, and live thereafter. But bitters in a julep, magnum sacrum! the gods would crush you! Bumgarner, you are an awful throbbing error, and you have had a providential escape from death. Now,” continued the Major, seizing the Chinaman by the shoulder and turning him toward the door, “you may depart, and burn a few joss sticks, and ponder upon my remarks.”
The almond-eyed Celestial vanished, wondering vaguely if it had not been better to remain in San Francisco and launder shirts in a cellar than to attempt to cater to the depraved taste of such incomprehensible foreign devils.
“Now, Bill,” continued the Major, seating himself at the table, “I want to know what you are going to do.”
“About what?” asked the gambler.
“About this money which you owe the State,” said the Major. “Do you realize, sir, that our stand in the Southwest is just about closing, and that we have got to square up and pull out?”
“I reckon so,” replied the gambler, as though it were a matter of no importance.
“You reckon so! You irresponsible truck horse! You reckon so!” snorted the Major. “You will cease to indulge in the dainty pastime of speculation when you get a log-chain on your leg and a striped suit on your back.”
The Secretary of State laughed. “Something will turn up,” he said.
“Ambercrombie Hergan,” said the Major, pounding the table with his hand, “for a broken, a branded, a long-suffering cow pony of Satan, you have the blindest, most stupendous Presbyterian faith in Providence of any white creature ambling south of the Central Pacific Railroad; but you're sweetening on a bluff this hand, and I am going to call you.”
The gambler's face grew serious. “What are you prodding for, Ned?” he asked.
The Auditor leaned forward on the table. “You are planning to slide out,” he said, “and it don't go.”
“Would it hurt you or Al?” asked the gambler anxiously.
The Auditor reached over and placed his hand on Hergan's arm. “It would not hurt me,” he continued, “and it would be no bones if it did, but it would hurt the boy, and he must not be hurt. Don't you know that the moment you are gone, Randal will sacrifice everything he possesses and pay up the deficit? And that would ruin him.”
The gambler's face lengthened. “I had not thought about that,” he said slowly, “but you are right, he would do that. He is that sort of a man. I have been a fool, an infernal fool, but I did not think about the boy getting hurt, not once.” The man shut his teeth tight together and the big muscles swelled out on his jaws.
The Auditor sat and watched the man across the table from him, and admired his iron nerve in the terrible struggle to decide between himself and the welfare of his friend. The man was evidently suffering. His face showed it plainly; the battle must be a bitter one. The Auditor wondered how it would result. He pitied the man, and in spite of all, half hoped that he would decide to save himself.
Presently the gambler turned slowly and lifted his face, white, haggard, ten years older than he had been an hour before.
“I don't see how to keep him from doing it,” he muttered; “I don't see how.”
The Auditor started. This man had not been thinking of himself at all.
“You see,” continued Hergan. “I am about fifty thousand short, and there is no way to raise that much money,—no way in God's world. If I slide over the Rio, Al will pay it to keep them from extraditing me; and if I stay here, he will pay it to keep them from sending me to the Pen. It's the devil's own trap, and works both ways.”
“Who got the money, Bill?” asked the Auditor.
“Crawley, and old Martin, of the Golden Horn Mining Company. Crawley got most of it.”
“A plague of fat old gamblers,” said the Major, solemnly; “they are both as rich as they are mean, and as mean as they are crooked.”
At this moment the door opened and the Governor entered.
IV
THE Executive stopped for a moment and scrutinized his visitors quizzically; then he laughed. “May I inquire, gentlemen, whence arises this gloom?”
The Auditor bowed low. “Good sir,” he said, “your Excellency fails to distinguish between gloom and the gravity of sages.”
“If the funereal,” replied the Governor, “be a sine qua non of the converse of the wise, then there has been here this night great cause for envy on the part of Solomon, the Son of David, King of Israel; for such gloom I have not met with in a world of evil days.”
“And, sir,” responded the Auditor, waving his hand like a barbaric king, “if absence of respect for the dignity of the thoughtful be a symptom of organic mental defect, then there is now here, in truth, great cause for envy upon the part of Wamba, the Son of Witless, the Son of Weatherbrain. For such amiable impudence is marvellous to contemplate.”
“Boys,” said the gambler rising, “if you will kindly come down out of the clouds, I will be much obliged to you both, because I have got something to say, and this is just as good a time to say it as any.”
The Auditor resumed his seat at the table. The Governor took up a chair, moved it back deliberately into the shadow of the room and sat down.
“It is like this,” continued the gambler, “we three have stood in for a long time, and I guess we know each other pretty well. We did n't take no oath to stand by each other when we started, but I reckon that is what we calculated to do. Anyway that is what we did do. If we had n't a done it, we would n't have been deuce high in this Southwest. I did n't have no faith in Al's machine when it started; I thought it was a wild goose chase, but I did n't say nothing, because I had nothing to lose. I was broke, and anything coming my way was pure velvet, so I joined in and come out here.
“Since that time we have had our ups and downs, if God's creatures ever had 'em. We have lied a lot, and we've stole some, and we've starved most of the time, and we have been poor and miserable and broke, but we have played fair with each other, and we have never stacked the pack nor dealt from the bottom. Then, one day, the luck turned and we won out through the roof, just like it always does if you stay long enough and keep doubling the bet. You two were elected, and Al appointed me.
“I reckon none of us are going to forget the hell that appointment raised. They said I was an ignorant understrapper, a short card gambler, and a leary element; and it was true, every blooming word of it Then the newspapers pitched into Al; they said that it was to be hoped that the new Governor would now have 'the moral courage to at least suppress the shady member of his machine'—them are the very words; I'll never forget 'em, and they meant me.
“I guess I went to you boys, and told you I had better keep out, but I reckon I did n't put up a very stiff case, because I was hot at the row. I would n't have cared if the howlers had been better men than I was, but I knew they were all just the same kind of cattle—unbranded, straggling steers, gathered up from anywhere but a good place. As for being shady, there was n't a man between the Gila and the Pecos white enough to pass an Eastern grand jury, and as for being a gambler, there was n't a mother's son of the batch that would n't have coppered his soul on a black jack if the bank would have cashed it for a dollar.”
Hergan paused for a moment and looked at the Auditor. Then he added, “Exceptin' of course, you and Al.”
“Then,” the gambler went on: “I guess Al got mad. He made a little speech; we was all there, and it was mighty good talk to hear. He said there had n't been no 'invidious distinctions'—them were his words,—during all the years when nothing had come our way but just one dose of bad luck after another until we reckoned there was n't no God at all,—least ways, if there was any, that He did n't operate south of the Central Pacific Railroad, and now when we had finally landed on our feet, there was n't going to be no 'invidious distinctions.' I am bound to say that it seemed mighty good to hear Al talk like he did, and I went ahead and let him appoint me.”
The Secretary of State moved a little nearer to the table, and an almost imperceptible shadow flitted across his face. “All the time,” he continued, “I knowed it was wrong. I knowed that what the mudslingers were sayin' was gospel. I knowed that I was n't fit for the job no more than a Chinaman is fit for a pope. I knowed that the gambler in me was ground in, and the other was just only rubbed on the outside, and that the gambler part was going to run things,—and it did.”
The man paused for a moment and turned to the Governor. “Now,” he said, “I have come to the point, and it's this: I got into this hole and I am going to get out of it; it's my game now; I am not going to stand any side bets. You have both got to promise me right here that you will keep your hands off this matter,—clear off—unless I say it goes.”
The gambler stopped, rested his arms heavily on the table and looked at his companions. The Virginian and the Executive were silent; both men realized fully the true import of Hergan's demand. He was seeking to prevent any sacrifice on their part; that was all, and if he had been the most skilful diplomat in the world, he could not have moved more adroitly.
The Governor looked up at the massive face of the gambler, marred by evil circumstance and the riot of dissipation, and wondered—as he had wondered many a time before,—at the splendid unselfishness of this man. From whence could have come this flower of nobility? The life of Ambercrombie Hergan had been sterile soil indeed for such a plant as this. How could it be in the economy of men that such princely fidelity obtained alone even without trace of the common attendant virtues?
For the obligations of the law Ambercrombie Hergan had no regard. For the obligations of the citizen he had no regard. Even for the common obligations of morality he maintained the most stolid unconcern. Honesty was a name to him, and right and duty and honor were merely names to him. Yet blooming in the barren garden of this gambler's heart was something fairer than them all.
“Well,” asked Hergan, with a trace of anxiety in his voice, “are you going to promise?”
The Governor arose. “This is a very serious matter,” he said slowly; “we must be given a few minutes in which to decide.”
“That 's fair enough,” replied the gambler. “You two can go into the other room. I'll wait.”
The Auditor and the Executive retired, and the Secretary of State resumed his seat beside the table, the suggestion of a smile on his face, he knew perfectly that if he could secure the promise of his companions it would be maintained inviolate.
Presently the door opened and the two men entered. “Bill,” said the Governor, “we promise.”
The gambler arose, and stretched his long limbs like one relieved from the weight of a crushing burden. Then he turned to his companions. “Boys,” he said almost gaily, “I may as well tell you now that I am going to New York Saturday night.”
“And I may add,” responded the Governor, “that I am going Friday night.”
V
YOU see,” the Governor was saying,” the failure of this bank in San Francisco has wiped out every penny I had in the world. On the fourth day of next March I will be poorer than the ordinary drayman. So poor that I must begin all over again, and I have no heart to do it.”
Miss Marion Lanmar was silent. Her bands rested upon the great aims of the chair in which she was seated. Her face might have been a cast; it was so very motionless.
“I should not mind if it were not for you,” the young man went on. “I mean,”—he hesitated for a moment,—“if I had never seen you; if I had never known you. But now the effort would seem so miserably inadequate, if it were not made for you. I have loved you and lived for you too long. I have grown accustomed to you as the mighty incentive. Every path that I have travelled has had you waiting at the end. Every battle I have fought has seemed to hold your happiness in its balance. Even the meagre gains of all the weary commonplace days have been to me so much or so little added to the kingdom of the queen. So I could have gone on to the end, but now, without you I have no heart at all.”
The man leaned over and rested his arm on the mantel-shelf. “I have read somewhere,” he continued, “how the evil fiend strove to destroy a man whom he hated; how he robbed him of his wealth, of his friends, of his fair fame, and how the man worked on, laughing in the demon's face, and how it all failed, until one morning the evil fiend reached down into the man's heart and plucked the motive out of his life, and then the man threw away his tools and came and sat in the doorway of his shop. I suppose it is all very cowardly, to talk as I am talking, but it would be very much worse, I should think, to deceive myself and you.” The woman did not answer. She was looking into the fire. The little blue flames in the wide fireplace danced up and down upon their bed of coal in impish merriment at all the trouble of men's lives.
Presently the man began again. “Yet a woman cannot wait always,” he said, “and I have no right to ask it of you. I must step aside out of your life and beg to be forgotten. It is a terrible ordeal for one who has gone down into the melée with his lady's colors on his helm to return beaten and overthrown and say, 'This quest is not for me.' It is hard to have the hope of one's life battered out and to live on in the world, and yet men do, and I shall, I presume.
“We are taught in youth that the world is a happy place, and I judge that it is a bit of illusion, like the black goblin and the fairies, and yet we all try very hard to believe the old housewife tales, and cling to them, and give them up grudgingly and with regret. I shall always remember how very sorry I was when I first realized that there really were no fairies. I was only a child, but it made me unhappy for days. It seemed to put all my reckoning out of joint. And so I have always believed that happiness existed in the world, and that it came to men somewhere in their lives about as the beautiful princess comes in the fairy stories. It never occurred to me to doubt its coming. True, it never came, but everything that did come seemed only to prepare a way for its coming at some day farther on. Now I see that this is just an illusion like the others, and I confess that the discovery has jarred me frightfully.”
The man's voice wavered for a moment; then it grew stronger. “I don't quite see how the world can ever seem a beautiful place after to-night. The sky may be very blue indeed, but the man whose eyes ache will not look up to see it. The birds may sing gloriously in the trees, but the man whose heart is an empty house will not care at all.”
Randal stopped and looked down at the woman. He noticed how very soft and heavy her brown hair was, and how delicate and slender her hands were. He noted vaguely, too, the artistic effect of the folds of her gown and the shadows on her face.
“Marion,” he said, “If I did not love you better than any other thing in the world, I would not be urging these bitter arguments against my own happiness. I would not be so desperately anxious about your welfare. I should not be so fearful of the future. I should take the chance without the hesitation of a moment. But the very depth of my love makes me a coward. I could not bear to see you subject to all the evil things that come with poverty. I know what a frightful plight it is—how it crushes out the sweetness and the nobility of one's life, how it squeezes the heart, day after day, until it finally becomes a dry husk in one's breast.”
Randal's voice was now thick with emotion. “Marion,” he said, “do you hear me? Do you believe me?”
The woman's hands tightened on the great arms of the chair, and for a moment she was silent; then she began to speak, slowly and distinctly.
“I do not know.” she said. “I must have time to think. Yet I have believed you all these years. I must believe you now. Yes, I do believe you now. But you are wrong, frightfully wrong. You forget that a woman is a human being with a heart. You think I am afraid of the world, afraid of poverty, afraid of life as God makes it, as God wills it; that I am a fragile something that the rain and the sunlight would ruin if it touched; that I am a something more or less than you, a something that requires ease and luxury and all the gilded stage-setting of wealth—and you are wrong. If I love you, of what value to me are all those other things without you? If I love you, it is not all these things I want—it is you. I ask you to answer this, and by what is true in your heart, know what is true in mine: Would you be happy with all that wealth can give you and without me?”
“No,” said the man, “not after to-night. No.”
“No more would I,” added the woman.
The heart, as it is said, speaks clearer to the heart when tongues are silent, and it is said that grief and happiness when riding high in their meridian have no need for the cumbrous medium of language.
After a long silence, Miss Lanmar began again. “Men cannot understand,” she said; “a woman's heart is so miserably strange. Things either slip around it, leaving no mark at all, or they sink in and become a very part of the woman's heart itself. There is no middle ground; no half joy; no middle hurt. So it comes about that if one's image creeps into her heart, it must remain. True, the world may never know; the world is very stupid. But for all that, the woman's heart will hold its tenant, and when she is alone or in the dark, she will know and feel its presence. It may be that the woman will pray to be rid of the evil thing, or it may be that she will pray to hold it always as a gift of good, but be that as it happens, the woman's heart will remain forever helpless to evict its tenant.
“Is it strange, then, if I love you, that I should want to go with you and live with you, and be with you always, and make your joys and your burdens my joys and my burdens, and have a share and an interest in everything that comes to you? Is it strange that I should hold wealth or place or even honor as nothing against you? Is it strange that I should be miserable, thoroughly, utterly miserable with every other thing in the world, and you denied?”
The woman's voice faltered and broke; her hands relaxed, and began to slip from the great arms of the chair. The man came over, and knelt down beside her and put his arms around her.
“Marion, dear heart,” he said, “you do love me. You will trust me a little while,—just a little while?”
The woman's head slipped down on his shoulder. “Love you!” she murmured, “I have always loved you. Surely I shall always love you. But when you are gone, the world is so empty, so miserably empty!”
VI
I THOROUGHLY appreciate everything I you have mentioned, Mr. Hergan,” said the clerk Parks, “but it is quite impossible. Mr. Mason is entirely inaccessible. I should not dare interrupt him.”
“Look here, my friend,” responded the gambler. “I have heard this same talk every day for the last week, and it don't go any longer. I have got to see this lawyer, and I have got to see him now. Do you understand me?”
“Oh, yes,” replied the clerk, with a faint smile, “I understand you perfectly, but it is entirely useless to urge the matter any farther. The business with which Mr. Mason is at present engaged is of great magnitude. He would not permit an interview at all. I am very sorry, but, of course, I can do nothing for you.”
The gambler did not respond. For a few moments he was silent. Then he put his hands into the inside pocket of his coat and drew forth a rather battered leather pocket-book. He held the pocket-book under the table, opened it slowly, and selecting a fifty-dollar bill from among a number of others, laid it gently on the table.
“There,” he said, “is my ante. I want in the game.”
The eyes of the clerk began to contract slowly at the corners.
“My dear man,” he said, “I should like to do this for you, but I don't see how I can. I don't believe Mr. Mason would even listen to me just now. I don't——”
“Wait,” responded the gambler; “I sweeten it.”
Thereupon he selected another bill from the pocket-book and spread it out carefully beside the other upon the table.
The little bald clerk began to drum on the chair with his fingers. His eyes wandered from the money to the door of Mason's private office, and back again. Presently he turned to the gambler.
The Hon. Ambercrombie Herman held up two fingers. “Don't call,” he said, “I tilt it to one hundred and fifty.” And he added another bill to the two, and pushed the money across the table to the clerk. Then he closed the pocket-book deliberately and replaced it in his coat.
Parks arose, picked up the money without a word, and passed into Randolph Mason's private office, closing the door carefully behind him. In a very few moments the clerk returned. He came up dose to the gambler and put his hand confidentially on his shoulder.
“My friend,” he said, in a low tone, “you are not a fool. I have told some lies to get you this interview. Look sharp, and say as little as possible.”
“What lies?” asked the gambler, arising.
“Such as were useful,” responded the clerk. “Quite too tedious to enumerate. Please walk into Mr. Mason's office, sir, and remember that you are my brother-in-law. Answer the questions which are put to you, and don't volunteer talk. It is n't wise.”
The gambler opened the door to Randolph Mason's private office and entered.
VII
HE Secretary of State came slowly down the steps from Randolph Mason's office. At the entrance to the great building he stopped and looked up and down the busy, jostling thoroughfare. It had been but a few years since he was a grain in this vortex, and now that past seemed ages removed. He was not conscious of anything of interest in the very familiar scene. Just why he had stopped to look, this man would not have been quite able to explain. In truth, he was striving to obtain his mental bearings. He had been flung violently upon another view point, and he was endeavoring to comprehend the loom of this new land. His sensations were not unlike those of one who but an hour before had gone into the operating room of a surgeon, walking as he believed to his death, and now returned with the tumor dissected out, and the hope of life big in his bosom. The world was an entirely different place from what it had been some hours before, and the gambler's steps were firmer, and his ancient careless spirit had returned.
At this moment, as it pleased Fate, a cab stopped before a broker's office on the opposite-side of the street, and the Governor stepped out. The gambler darted across and caught his companion by the shoulder. The Governor turned suddenly.
“Well,” he said, in astonishment, “is this an assault vi et armis?”
“No,” said the gambler. “It's worse than that, Al. It's a mandamus. You are not to go in that broker's office.”
“Not to go in?” echoed the Executive. “Why not?”
“Al,” said the gambler, grinning like a Hindoo idol, “I said this here was a mandamus. I guess the judge don't ever explain 'why not' in a mandamus.”
“Good chancellor,” replied the Governor, with mock gravity, “I resist the order.”
“On what ground?” said the lion. Ambercrombie Hergan, with such a sage judicial air as might obtain with a truck horse.
“First,” replied the Governor, “that the mandamus was improvidently awarded. Second, that the Court issuing the writ was without jurisdiction. And, third, that the act sought to be restrained is not entirely ministerial, but one largely within the discretion of the officer.”
“All them objections,” said the gambler, “this Court overrules.”
“But,” continued the Executive, “in this case the mandamus cannot lie. I move to quash the writ.”
“But it does lie,” asserted the powerful devotee of fortune, hooking his arm through that of the Executive and turning him down the street, “and she can't be squashed.”
The Governor had observed the very great change in the man, and knowing the Honorable Ambercrombie Hergan, he knew that this erratic person had chanced upon some solution for his dilemma—strange and but half-practical, the Governor had no doubt, but certainly not commonplace, and so he made no further offer of resistance.
“Al,” said the gambler, hurrying his companion through the crowded street, “do you know where you are going?”
“I have n't the slightest idea,” observed the Governor, with greatest unconcern.
“Well, I'll tell you. You are going first to the hotel, then to the railroad, then to the Southwest, and you have just fifty-nine minutes between you and the train.”
The Governor stopped short. “I can't go, Bill. I must sell these stocks.”
“That's just the point,” said the gambler. “You aint going to sell them stocks. That's why I issued this here mandamus.” And he seized the Executive by the arm and fairly dragged him across the street.
“Bill,” protested the Governor, “Bill, this is all nonsense. It don't go.”
“Everything goes,” said the gambler. “Come on. We have lost three of them fifty-nine minutes already.”
VIII
THE Emporium of Crawley was not quite a trading-place as the Greek root of the word would indicate, unless transactions in which the unwary bartered his gain for experience, and the great unscrubbed of the Southwest pitted their wage against the riot of dissipation, could be held to partake of the nature of commerce. It was a fad with Crawley to assert that his Emporium was a clearinghouse,—a rather grim jest, heavy with truth. Indeed, all the currency of this primitive land seemed to pass, sooner or later, through the mammoth establishment of First Class Crawley, and in season and out of season as the dollar went through, a portion paused and remained in the fingers of the proprietor. And for this, also,—as the common-law pleader would put it,—truth clung to the pet declaration of Crawley.
When the population gathered night after night under the roof of his Emporium, their troubles came also; and when the smoke grew thick and the tanglefoot whiskey began to assert itself, there were other things to clear up beside matters of currency. Matters of consequence and matters of no consequence were cleared by the same rapid, drastic measures. Bad men here decided who was the worst or the best, as they were pleased with the term. The henchmen of rival cattle kings submitted the vexatious question of a brand on a stray heifer to this court of instant resort and quick decision, and other concerns of the citizen, affecting perhaps his truth, or honor, or ability for a vice, were determined suddenly and for all time without the wrangling of counsel or the tedium of courts.
If a Mexican was so short sighted as to slip his knife into a tenderfoot, some one shot the Mexican, and the crowd “lickered up.” If the faro dealer killed his man, it was usually because the man needed killing, and certainly the faro dealer was the best judge of this. On the contrary, if one shot the dealer, this was considered a public calamity, demanding an explanation, since the dealer was a quasi public functionary, and the convenience of the citizen required that the game should continue. One's life was perhaps the cheapest thing below the Central Pacific Railroad, and it was entirely the duty of the individual to see that it was maintained. If one was unsteady on the trigger, or caught napping on the draw, one was held to have died by virtue of contributory negligence.
To be sure there was law, and machinery for its execution; but the machinery was liberal, and had ideas of its own, and the law adhered with supreme unconcern to its maxim—De minimis non curat lex.
First Class Crawley had been splendidly trained for the duties of his position. If Fortune had been moving of design, she could not have schooled him better for such a life. Some thirty years before, he had been a sutler with the Army of the Potomac—not the sutler of romance, but the sutler of reality; following the army bravely, but at such a distance to the rear as to be at all times extremely safe, and exacting for his valuable public service every gain that human ingenuity could discover. It was no wrong in the mind of Crawley to cheat the common soldier out of his eyes; belike the soldier would be shot on the morrow, and then all opportunity to cheat him would cease, and if prior opportunity had not been seized and enjoyed, Crawley would regret.
When the “bitterness of death” had passed, Crawley became a justice of the peace in Ohio. Here the field for his talent was broader, and Crawley arose and spread like the bay tree of Biblical record. Crawley held it as a basic principle that the machinery of human justice could not be maintained without ample sinews of war. It was best, to be sure, if these sinews could be wrested from the wrong-doer, but, failing that, the innocent must contribute. Every litigant was presumed to proceed at the peril of costs. The matter of costs was one vital to Crawley, and loomed constantly. The right or justice of a cause was never for a moment permitted to obscure it. If the plaintiff was impecunious, then the decision must be against the defendant, else the costs could not be had, and vice versa as it had pleased Providence to place substance.
This was a high conception of human justice; since it passed by the trivial controversy of the litigants, and placed the burden of legal procedure upon the one best able to support It. First Class Crawley maintained further that it was the part of wisdom in a government promptly to release the criminal who “shelled out,” since the revenues of the State arose largely from the fines imposed upon the evildoer, and it was certainly quite useless to retain the criminal at public expense after having squeezed him thoroughly, when he could be returned to society and squeezed again later on.
Crawley might have been the father of a school, had he not found the school in Ohio established to his uses. Consequently his fame was local, and his methods being of ancient origin in this Commonwealth, provoked no comment, and indeed he might have passed on, with the usual career of such ambitious spirits, to a seat in the legislature, had he not unwittingly crossed into a neighboring State in order to attend a reunion of the Grand Army of the Republic. Here one, smarting from a hurt, pounced down upon him with a warrant for a felony, and that same night the visiting justice was a guest of the State. But First Class Crawley was no man of feeble resources, and two days later he gave a straw bond and vanished like a newspaper war cloud.
In the Southwest, Crawley was a person of importance—a court of last resort on all matters, barring none. If bets were made, Crawley was umpire. If questions w ere argued, Crawley was judge. If one wanted advice, one went to him. If one wanted information, one went to him; and if one needed money, one went always to First Class Crawley, and put up everything but his life. No function was complete without the presence of this celebrity, be it bull tight or prize fight, or dog fight, or a prearranged resort to the arbitration of the Winchester. Crawley was a great man, in counterdistinction to a bad man. Personally, he neither quarrelled nor fought, and one would have no more considered shooting at Crawley than he would have considered shooting at his grandmother. This proprietor of the Emporium maintained his position, not by virtue of arms and skill in their use, but by virtue of an interesting something which passed with him for an intellect.
Consequently, when he and Hiram Martin, of the Golden Horn Mining Company, sat down in the private gambling room of the Emporium to a private interview with the Honorable Ambercrombie Hergan, they were expecting to realize from the time expended. They were both attentive and interested, since the reckless Secretary of State was known in the lingo of the guild as an “easy member.” If he had money, or could obtain money, it would eventually fall into their clutches as it had always done. Hence their interest was genuine.
“Boys,” said the Secretary of State, “I have a scheme to make a stake, and I want you in on it. I have been over in the East, and I have got it all figured out, and it's a cinch.”
The owner of the Golden Horn folded his hands over the vast expanse of his stomach and smiled benignly. He knew all about the usual combination of circumstances set down in the elegant diction of the gambler as a “cinch.”
He was an expert upon things of this sort, but he volunteered no information, and no comment. He merely smiled and murmured “Yes,” in a voice which reminded one of oil being poured from a very full barrel.
“You see,” continued the Honorable Ambercrombie
Hergan, “it's this way. There is a broker in Chicago who is a friend of mine. I saved him from the jug when he was a kid, and he never forgot it. Well, he went to Chicago, raked together a bunch of money, and bought a seat in the Stock Exchange. He was lucky, and now he is away up. He is on the inside, and he says that there is going to be a big raise in oil stocks; that the Standard Oil Company has been forcing it down in order to squeeze out the little dealers, and that they are right now at the bottom, and when they let go, it will fly back to a dollar.”
At this point in the narrative, Crawley murmured “Yes,” then leaned back in his chair and closed his eyes. He was not quite ready to puncture Mr. Hergan's balloon, and it was not his way to offer objections to unfinished propositions.
“Now,” said Hergan, leaning over and resting his arms on the table, “the plan is to form a big pool and buy oil, and make enough at one haul to go back to civilization and live like a king. That is the scheme, boys. It's good.” First Class Crawley opened his eyes slowly, and putting out his fat hand, began to caress the green cloth on the little round poker table.
“Billy,” he said slowly, “I expect that is a good scheme, and I expect there is money in it,—may be tubs of money, but me and Martin aint speculators; we never so much as saw a ticking machine in our life. We don't know anything about new-fangled ways to get rich. We're both old fogies,—just common old fogies, and I reckon we had better stay out. Of course, I aint knocking on the scheme. It looks good, mighty good, but me and Martin aint young any longer; we're getting old and heavy on our pins, and we aint got no nerve like we used to have. Still I aint knocking. Me and Martin would like to see you make a pile of money, would n't we, Martin?”
“Yes,” gurgled the owner of the Golden Horn, “we would that.”
The Honorable Ambercrombie Hergan straightened up and thrust his hands into his pockets. “Of course, boys,” he said, “it's a gamble, but it's a ten-to-one shot better than a faro bank. If it goes our way, we will have all kinds of money; if it goes the other way, we are skinned to a standstill. I am tired of little gambles, and I am going to make one big play if I eat snowballs for the next twenty years. I would like to have you boys in, but if you don't believe that the thing is easy to beat, you can stay out.”
An inspiration came to First Class Crawley, and he seized it with the avidity of a shark. “Billy,” he said, with amiable confidence, “you have no better friends in this here country' than me and Martin—has he, Martin?”