Chapter VI: Why, Being Affronted by A, It Is Not Best to Affront B (2)

By suggestion of the judge the jury rendered a verdict of guilty; there was nothing else to do, and the prisoner was sentenced to the penitentiary for three years. His counsel, who had objected to nothing and had made no plea for lenity--had, in fact, hardly said a word--wrung his client's hand and left the room. It was obvious to the whole bar that he had been engaged only to prevent the court from appointing counsel who might possibly insist on making a defense.

John Hardshaw served out his term at San Quentin, and when discharged was met at the prison gates by his wife, who had returned from "the States" to receive him. It is thought they went straight to Europe; anyhow, a general power-of-attorney to a lawyer still living among us-- from whom I have many of the facts of this simple history--was executed in Paris. This lawyer in a short time sold everything that Hardshaw owned in California, and for years nothing was heard of the unfortunate couple; though many to whose ears had come vague and inaccurate intimations of their strange story, and who had known them, recalled their personality with tenderness and their misfortunes with compassion.

Some years later they returned, both broken in fortune and spirits and he in health. The purpose of their return I have not been able to ascertain. For some time they lived, under the name of Johnson, in a respectable enough quarter south of Market Street, pretty well put, and were never seen away from the vicinity of their dwelling. They must have had a little money left, for it is not known that the man had any occupation, the state of his health probably not permitting. The woman's devotion to her invalid husband was matter of remark among their neighbors; she seemed never absent from his side and always supporting and cheering him. They would sit for hours on one of the benches in a little public park, she reading to him, his hand in hers, her light touch occasionally visiting his pale brow, her still beautiful eyes frequently lifted from the book to look into his as she made some comment on the text, or closed the volume to beguile his mood with talk of--what? Nobody ever overheard a conversation between these two. The reader who has had the patience to follow their history to this point may possibly find a pleasure in conjecture: there was probably something to be avoided. The bearing of the man was one of profound dejection; indeed, the unsympathetic youth of the neighborhood, with that keen sense for visible characteristics which ever distinguishes the young male of our species, sometimes mentioned him among themselves by the name of Spoony Glum.

It occurred one day that John Hardshaw was possessed by the spirit of unrest. God knows what led him whither he went, but he crossed Market Street and held his way northward over the hills, and downward into the region known as North Beach. Turning aimlessly to the left he followed his toes along an unfamiliar street until he was opposite what for that period was a rather grand dwelling, and for this is a rather shabby factory. Casting his eyes casually upward he saw at an open window what it had been better that he had not seen--the face and figure of Elvira Barwell. Their eyes met. With a sharp exclamation, like the cry of a startled bird, the lady sprang to her feet and thrust her body half out of the window, clutching the casing on each side. Arrested by the cry, the people in the street below looked up. Hardshaw stood motionless, speechless, his eyes two flames. "Take care!" shouted some one in the crowd, as the woman strained further and further forward, defying the silent, implacable law of gravitation, as once she had defied that other law which God thundered from Sinai. The suddenness of her movements had tumbled a torrent of dark hair down her shoulders, and now it was blown about her cheeks, almost concealing her face. A moment so, and then--! A fearful cry rang through the street, as, losing her balance, she pitched headlong from the window, a confused and whirling mass of skirts, limbs, hair, and white face, and struck the pavement with a horrible sound and a force of impact that was felt a hundred feet away. For a moment all eyes refused their office and turned from the sickening spectacle on the sidewalk. Drawn again to that horror, they saw it strangely augmented. A man, hatless, seated flat upon the paving stones, held the broken, bleeding body against his breast, kissing the mangled cheeks and streaming mouth through tangles of wet hair, his own features indistinguishably crimson with the blood that half-strangled him and ran in rills from his soaken beard.

The reporter's task is nearly finished. The Barwells had that very morning returned from a two years' absence in Peru. A week later the widower, now doubly desolate, since there could be no missing the significance of Hardshaw's horrible demonstration, had sailed for I know not what distant port; he has never come back to stay. Hardshaw--as Johnson no longer--passed a year in the Stockton asylum for the insane, where also, through the influence of pitying friends, his wife was admitted to care for him. When he was discharged, not cured but harmless, they returned to the city; it would seem ever to have had some dreadful fascination for them. For a time they lived near the Mission Dolores, in poverty only less abject than that which is their present lot; but it was too far away from the objective point of the man's daily pilgrimage. They could not afford car fare. So that poor devil of an angel from Heaven--wife to this convict and lunatic--obtained, at a fair enough rental, the blank-faced shanty on the lower terrace of Goat Hill. Thence to the structure that was a dwelling and is a factory the distance is not so great; it is, in fact, an agreeable walk, judging from the man's eager and cheerful look as he takes it. The return journey appears to be a trifle wearisome.

AN ADVENTURE AT BROWNVILLE[1]

[1] This story was written in collaboration with Miss Ina Lillian Peterson, to whom is rightly due the credit for whatever merit it may have.

I taught a little country school near Brownville, which, as every one knows who has had the good luck to live there, is the capital of a considerable expanse of the finest scenery in California. The town is somewhat frequented in summer by a class of persons whom it is the habit of the local journal to call "pleasure seekers," but who by a juster classification would be known as "the sick and those in adversity." Brownville itself might rightly enough be described, indeed, as a summer place of last resort. It is fairly well endowed with boarding-houses, at the least pernicious of which I performed twice a day (lunching at the schoolhouse) the humble rite of cementing the alliance between soul and body. From this "hostelry" (as the local journal preferred to call it when it did not call it a "caravanserai") to the schoolhouse the distance by the wagon road was about a mile and a half; but there was a trail, very little used, which led over an intervening range of low, heavily wooded hills, considerably shortening the distance. By this trail I was returning one evening later than usual. It was the last day of the term and I had been detained at the schoolhouse until almost dark, preparing an account of my stewardship for the trustees--two of whom, I proudly reflected, would be able to read it, and the third (an instance of the dominion of mind over matter) would be overruled in his customary antagonism to the schoolmaster of his own creation.

I had gone not more than a quarter of the way when, finding an interest in the antics of a family of lizards which dwelt thereabout and seemed full of reptilian joy for their immunity from the ills incident to life at the Brownville House, I sat upon a fallen tree to observe them. As I leaned wearily against a branch of the gnarled old trunk the twilight deepened in the somber woods and the faint new moon began casting visible shadows and gilding the leaves of the trees with a tender but ghostly light.

I heard the sound of voices--a woman's, angry, impetuous, rising against deep masculine tones, rich and musical. I strained my eyes, peering through the dusky shadows of the wood, hoping to get a view of the intruders on my solitude, but could see no one. For some yards in each direction I had an uninterrupted view of the trail, and knowing of no other within a half mile thought the persons heard must be approaching from the wood at one side. There was no sound but that of the voices, which were now so distinct that I could catch the words. That of the man gave me an impression of anger, abundantly confirmed by the matter spoken.

"I will have no threats; you are powerless, as you very well know. Let things remain as they are or, by God! you shall both suffer for it."

"What do you mean?"--this was the voice of the woman, a cultivated voice, the voice of a lady. "You would not--murder us."

There was no reply, at least none that was audible to me. During the silence I peered into the wood in hope to get a glimpse of the speakers, for I felt sure that this was an affair of gravity in which ordinary scruples ought not to count. It seemed to me that the woman was in peril; at any rate the man had not disavowed a willingness to murder. When a man is enacting the rôle of potential assassin he has not the right to choose his audience.

After some little time I saw them, indistinct in the moonlight among the trees. The man, tall and slender, seemed clothed in black; the woman wore, as nearly as I could make out, a gown of gray stuff. Evidently they were still unaware of my presence in the shadow, though for some reason when they renewed their conversation they spoke in lower tones and I could no longer understand. As I looked the woman seemed to sink to the ground and raise her hands in supplication, as is frequently done on the stage and never, so far as I knew, anywhere else, and I am now not altogether sure that it was done in this instance. The man fixed his eyes upon her; they seemed to glitter bleakly in the moonlight with an expression that made me apprehensive that he would turn them upon me. I do not know by what impulse I was moved, but I sprang to my feet out of the shadow. At that instant the figures vanished. I peered in vain through the spaces among the trees and clumps of undergrowth. The night wind rustled the leaves; the lizards had retired early, reptiles of exemplary habits. The little moon was already slipping behind a black hill in the west.

I went home, somewhat disturbed in mind, half doubting that I had heard or seen any living thing excepting the lizards. It all seemed a trifle odd and uncanny. It was as if among the several phenomena, objective and subjective, that made the sum total of the incident there had been an uncertain element which had diffused its dubious character over all--had leavened the whole mass with unreality. I did not like it.

At the breakfast table the next morning there was a new face; opposite me sat a young woman at whom I merely glanced as I took my seat. In speaking to the high and mighty female personage who condescended to seem to wait upon us, this girl soon invited my attention by the sound of her voice, which was like, yet not altogether like, the one still murmuring in my memory of the previous evening's adventure. A moment later another girl, a few years older, entered the room and sat at the left of the other, speaking to her a gentle "good morning." By _her_ voice I was startled: it was without doubt the one of which the first girl's had reminded me. Here was the lady of the sylvan incident sitting bodily before me, "in her habit as she lived."

Evidently enough the two were sisters.

With a nebulous kind of apprehension that I might be recognized as the mute inglorious hero of an adventure which had in my consciousness and conscience something of the character of eavesdropping, I allowed myself only a hasty cup of the lukewarm coffee thoughtfully provided by the prescient waitress for the emergency, and left the table. As I passed out of the house into the grounds I heard a rich, strong male voice singing an aria from "Rigoletto." I am bound to say that it was exquisitely sung, too, but there was something in the performance that displeased me, I could say neither what nor why, and I walked rapidly away.

Returning later in the day I saw the elder of the two young women standing on the porch and near her a tall man in black clothing--the man whom I had expected to see. All day the desire to know something of these persons had been uppermost in my mind and I now resolved to learn what I could of them in any way that was neither dishonorable nor low.

The man was talking easily and affably to his companion, but at the sound of my footsteps on the gravel walk he ceased, and turning about looked me full in the face. He was apparently of middle age, dark and uncommonly handsome. His attire was faultless, his bearing easy and graceful, the look which he turned upon me open, free, and devoid of any suggestion of rudeness. Nevertheless it affected me with a distinct emotion which on subsequent analysis in memory appeared to be compounded of hatred and dread--I am unwilling to call it fear. A second later the man and woman had disappeared. They seemed to have a trick of disappearing. On entering the house, however, I saw them through the open doorway of the parlor as I passed; they had merely stepped through a window which opened down to the floor.

Cautiously "approached" on the subject of her new guests my landlady proved not ungracious. Restated with, I hope, some small reverence for English grammar the facts were these: the two girls were Pauline and Eva Maynard of San Francisco; the elder was Pauline. The man was Richard Benning, their guardian, who had been the most intimate friend of their father, now deceased. Mr. Benning had brought them to Brownville in the hope that the mountain climate might benefit Eva, who was thought to be in danger of consumption.

Upon these short and simple annals the landlady wrought an embroidery of eulogium which abundantly attested her faith in Mr. Benning's will and ability to pay for the best that her house afforded. That he had a good heart was evident to her from his devotion to his two beautiful wards and his really touching solicitude for their comfort. The evidence impressed me as insufficient and I silently found the Scotch verdict, "Not proven."

Certainly Mr. Benning was most attentive to his wards. In my strolls about the country I frequently encountered them--sometimes in company with other guests of the hotel--exploring the gulches, fishing, rifle shooting, and otherwise wiling away the monotony of country life; and although I watched them as closely as good manners would permit I saw nothing that would in any way explain the strange words that I had overheard in the wood. I had grown tolerably well acquainted with the young ladies and could exchange looks and even greetings with their guardian without actual repugnance.

A month went by and I had almost ceased to interest myself in their affairs when one night our entire little community was thrown into excitement by an event which vividly recalled my experience in the forest.

This was the death of the elder girl, Pauline.

The sisters had occupied the same bedroom on the third floor of the house. Waking in the gray of the morning Eva had found Pauline dead beside her. Later, when the poor girl was weeping beside the body amid a throng of sympathetic if not very considerate persons, Mr. Benning entered the room and appeared to be about to take her hand. She drew away from the side of the dead and moved slowly toward the door.

"It is you," she said--"you who have done this. You--you--you!"

"She is raving," he said in a low voice. He followed her, step by step, as she retreated, his eyes fixed upon hers with a steady gaze in which there was nothing of tenderness nor of compassion. She stopped; the hand that she had raised in accusation fell to her side, her dilated eyes contracted visibly, the lids slowly dropped over them, veiling their strange wild beauty, and she stood motionless and almost as white as the dead girl lying near. The man took her hand and put his arm gently about her shoulders, as if to support her. Suddenly she burst into a passion of tears and clung to him as a child to its mother. He smiled with a smile that affected me most disagreeably--perhaps any kind of smile would have done so--and led her silently out of the room.

There was an inquest--and the customary verdict: the deceased, it appeared, came to her death through "heart disease." It was before the invention of heart _failure_, though the heart of poor Pauline had indubitably failed. The body was embalmed and taken to San Francisco by some one summoned thence for the purpose, neither Eva nor Benning accompanying it. Some of the hotel gossips ventured to think that very strange, and a few hardy spirits went so far as to think it very strange indeed; but the good landlady generously threw herself into the breach, saying it was owing to the precarious nature of the girl's health. It is not of record that either of the two persons most affected and apparently least concerned made any explanation.

One evening about a week after the death I went out upon the veranda of the hotel to get a book that I had left there. Under some vines shutting out the moonlight from a part of the space I saw Richard Benning, for whose apparition I was prepared by having previously heard the low, sweet voice of Eva Maynard, whom also I now discerned, standing before him with one hand raised to his shoulder and her eyes, as nearly as I could judge, gazing upward into his. He held her disengaged hand and his head was bent with a singular dignity and grace. Their attitude was that of lovers, and as I stood in deep shadow to observe I felt even guiltier than on that memorable night in the wood. I was about to retire, when the girl spoke, and the contrast between her words and her attitude was so surprising that I remained, because I had merely forgotten to go away.

"You will take my life," she said, "as you did Pauline's. I know your intention as well as I know your power, and I ask nothing, only that you finish your work without needless delay and let me be at peace."

He made no reply--merely let go the hand that he was holding, removed the other from his shoulder, and turning away descended the steps leading to the garden and disappeared in the shrubbery. But a moment later I heard, seemingly from a great distance, his fine clear voice in a barbaric chant, which as I listened brought before some inner spiritual sense a consciousness of some far, strange land peopled with beings having forbidden powers. The song held me in a kind of spell, but when it had died away I recovered and instantly perceived what I thought an opportunity. I walked out of my shadow to where the girl stood. She turned and stared at me with something of the look, it seemed to me, of a hunted hare. Possibly my intrusion had frightened her.

"Miss Maynard," I said, "I beg you to tell me who that man is and the nature of his power over you. Perhaps this is rude in me, but it is not a matter for idle civilities. When a woman is in danger any man has a right to act."

She listened without visible emotion--almost I thought without interest, and when I had finished she closed her big blue eyes as if unspeakably weary.

"You can do nothing," she said.

I took hold of her arm, gently shaking her as one shakes a person falling into a dangerous sleep.

"You must rouse yourself," I said; "something must be done and you must give me leave to act. You have said that that man killed your sister, and I believe it--that he will kill you, and I believe that."

She merely raised her eyes to mine.

"Will you not tell me all?" I added.

"There is nothing to be done, I tell you--nothing. And if I could do anything I would not. It does not matter in the least. We shall be here only two days more; we go away then, oh, so far! If you have observed anything, I beg you to be silent."

"But this is madness, girl." I was trying by rough speech to break the deadly repose of her manner. "You have accused him of murder. Unless you explain these things to me I shall lay the matter before the authorities."

This roused her, but in a way that I did not like. She lifted her head proudly and said: "Do not meddle, sir, in what does not concern you. This is my affair, Mr. Moran, not yours."

"It concerns every person in the country--in the world," I answered, with equal coldness. "If you had no love for your sister I, at least, am concerned for you."

"Listen," she interrupted, leaning toward me. "I loved her, yes, God knows! But more than that--beyond all, beyond expression, I love _him_. You have overheard a secret, but you shall not make use of it to harm him. I shall deny all. Your word against mine--it will be that. Do you think your 'authorities' will believe you?"

She was now smiling like an angel and, God help me! I was heels over head in love with her! Did she, by some of the many methods of divination known to her sex, read my feelings? Her whole manner had altered.

"Come," she said, almost coaxingly, "promise that you will not be impolite again." She took my arm in the most friendly way. "Come, I will walk with you. He will not know--he will remain away all night."

Up and down the veranda we paced in the moonlight, she seemingly forgetting her recent bereavement, cooing and murmuring girl-wise of every kind of nothing in all Brownville; I silent, consciously awkward and with something of the feeling of being concerned in an intrigue. It was a revelation--this most charming and apparently blameless creature coolly and confessedly deceiving the man for whom a moment before she had acknowledged and shown the supreme love which finds even death an acceptable endearment.

"Truly," I thought in my inexperience, "here is something new under the moon."

And the moon must have smiled.

Before we parted I had exacted a promise that she would walk with me the next afternoon--before going away forever--to the Old Mill, one of Brownville's revered antiquities, erected in 1860.

"If he is not about," she added gravely, as I let go the hand she had given me at parting, and of which, may the good saints forgive me, I strove vainly to repossess myself when she had said it--so charming, as the wise Frenchman has pointed out, do we find woman's infidelity when we are its objects, not its victims. In apportioning his benefactions that night the Angel of Sleep overlooked me.

The Brownville House dined early, and after dinner the next day Miss Maynard, who had not been at table, came to me on the veranda, attired in the demurest of walking costumes, saying not a word. "He" was evidently "not about." We went slowly up the road that led to the Old Mill. She was apparently not strong and at times took my arm, relinquishing it and taking it again rather capriciously, I thought. Her mood, or rather her succession of moods, was as mutable as skylight in a rippling sea. She jested as if she had never heard of such a thing as death, and laughed on the lightest incitement, and directly afterward would sing a few bars of some grave melody with such tenderness of expression that I had to turn away my eyes lest she should see the evidence of her success in art, if art it was, not artlessness, as then I was compelled to think it. And she said the oddest things in the most unconventional way, skirting sometimes unfathomable abysms of thought, where I had hardly the courage to set foot. In short, she was fascinating in a thousand and fifty different ways, and at every step I executed a new and profounder emotional folly, a hardier spiritual indiscretion, incurring fresh liability to arrest by the constabulary of conscience for infractions of my own peace.

Arriving at the mill, she made no pretense of stopping, but turned into a trail leading through a field of stubble toward a creek. Crossing by a rustic bridge we continued on the trail, which now led uphill to one of the most picturesque spots in the country. The Eagle's Nest, it was called--the summit of a cliff that rose sheer into the air to a height of hundreds of feet above the forest at its base. From this elevated point we had a noble view of another valley and of the opposite hills flushed with the last rays of the setting sun.

As we watched the light escaping to higher and higher planes from the encroaching flood of shadow filling the valley we heard footsteps, and in another moment were joined by Richard Benning.

"I saw you from the road," he said carelessly; "so I came up."

Being a fool, I neglected to take him by the throat and pitch him into the treetops below, but muttered some polite lie instead. On the girl the effect of his coming was immediate and unmistakable. Her face was suffused with the glory of love's transfiguration: the red light of the sunset had not been more obvious in her eyes than was now the lovelight that replaced it.

"I am so glad you came!" she said, giving him both her hands; and, God help me! it was manifestly true.

Seating himself upon the ground he began a lively dissertation upon the wild flowers of the region, a number of which he had with him. In the middle of a facetious sentence he suddenly ceased speaking and fixed his eyes upon Eva, who leaned against the stump of a tree, absently plaiting grasses. She lifted her eyes in a startled way to his, as if she had _felt_ his look. She then rose, cast away her grasses, and moved slowly away from him. He also rose, continuing to look at her. He had still in his hand the bunch of flowers. The girl turned, as if to speak, but said nothing. I recall clearly now something of which I was but half-conscious then--the dreadful contrast between the smile upon her lips and the terrified expression in her eyes as she met his steady and imperative gaze. I know nothing of how it happened, nor how it was that I did not sooner understand; I only know that with the smile of an angel upon her lips and that look of terror in her beautiful eyes Eva Maynard sprang from the cliff and shot crashing into the tops of the pines below!

How and how long afterward I reached the place I cannot say, but Richard Benning was already there, kneeling beside the dreadful thing that had been a woman.

"She is dead--quite dead," he said coldly. "I will go to town for assistance. Please do me the favor to remain."

He rose to his feet and moved away, but in a moment had stopped and turned about.

"You have doubtless observed, my friend," he said, "that this was entirely her own act. I did not rise in time to prevent it, and you, not knowing her mental condition--you could not, of course, have suspected."

His manner maddened me.

"You are as much her assassin," I said, "as if your damnable hands had cut her throat." He shrugged his shoulders without reply and, turning, walked away. A moment later I heard, through the deepening shadows of the wood into which he had disappeared, a rich, strong, baritone voice singing "_La donna e mobile_," from "Rigoletto."

THE FAMOUS GILSON BEQUEST

It was rough on Gilson. Such was the terse, cold, but not altogether unsympathetic judgment of the better public opinion at Mammon Hill--the dictum of respectability. The verdict of the opposite, or rather the opposing, element--the element that lurked red-eyed and restless about Moll Gurney's "deadfall," while respectability took it with sugar at Mr. Jo. Bentley's gorgeous "saloon"--was to pretty much the same general effect, though somewhat more ornately expressed by the use of picturesque expletives, which it is needless to quote. Virtually, Mammon Hill was a unit on the Gilson question. And it must be confessed that in a merely temporal sense all was not well with Mr. Gilson. He had that morning been led into town by Mr. Brentshaw and publicly charged with horse stealing; the sheriff meantime busying himself about The Tree with a new manila rope and Carpenter Pete being actively employed between drinks upon a pine box about the length and breadth of Mr. Gilson. Society having rendered its verdict, there remained between Gilson and eternity only the decent formality of a trial.

These are the short and simple annals of the prisoner: He had recently been a resident of New Jerusalem, on the north fork of the Little Stony, but had come to the newly discovered placers of Mammon Hill immediately before the "rush" by which the former place was depopulated. The discovery of the new diggings had occurred opportunely for Mr. Gilson, for it had only just before been intimated to him by a New Jerusalem vigilance committee that it would better his prospects in, and for, life to go somewhere; and the list of places to which he could safely go did not include any of the older camps; so he naturally established himself at Mammon Hill. Being eventually followed thither by all his judges, he ordered his conduct with considerable circumspection, but as he had never been known to do an honest day's work at any industry sanctioned by the stern local code of morality except draw poker he was still an object of suspicion. Indeed, it was conjectured that he was the author of the many daring depredations that had recently been committed with pan and brush on the sluice boxes.

Prominent among those in whom this suspicion had ripened into a steadfast conviction was Mr. Brentshaw. At all seasonable and unseasonable times Mr. Brentshaw avowed his belief in Mr. Gilson's connection with these unholy midnight enterprises, and his own willingness to prepare a way for the solar beams through the body of any one who might think it expedient to utter a different opinion--which, in his presence, no one was more careful not to do than the peace-loving person most concerned. Whatever may have been the truth of the matter, it is certain that Gilson frequently lost more "clean dust" at Jo. Bentley's faro table than it was recorded in local history that he had ever honestly earned at draw poker in all the days of the camp's existence. But at last Mr. Bentley--fearing, it may be, to lose the more profitable patronage of Mr. Brentshaw--peremptorily refused to let Gilson copper the queen, intimating at the same time, in his frank, forthright way, that the privilege of losing money at "this bank" was a blessing appertaining to, proceeding logically from, and coterminous with, a condition of notorious commercial righteousness and social good repute.

The Hill thought it high time to look after a person whom its most honored citizen had felt it his duty to rebuke at a considerable personal sacrifice. The New Jerusalem contingent, particularly, began to abate something of the toleration begotten of amusement at their own blunder in exiling an objectionable neighbor from the place which they had left to the place whither they had come. Mammon Hill was at last of one mind. Not much was said, but that Gilson must hang was "in the air." But at this critical juncture in his affairs he showed signs of an altered life if not a changed heart. Perhaps it was only that "the bank" being closed against him he had no further use for gold dust. Anyhow the sluice boxes were molested no more forever. But it was impossible to repress the abounding energies of such a nature as his, and he continued, possibly from habit, the tortuous courses which he had pursued for profit of Mr. Bentley. After a few tentative and resultless undertakings in the way of highway robbery--if one may venture to designate road-agency by so harsh a name--he made one or two modest essays in horse-herding, and it was in the midst of a promising enterprise of this character, and just as he had taken the tide in his affairs at its flood, that he made shipwreck. For on a misty, moonlight night Mr. Brentshaw rode up alongside a person who was evidently leaving that part of the country, laid a hand upon the halter connecting Mr. Gilson's wrist with Mr. Harper's bay mare, tapped him familiarly on the cheek with the barrel of a navy revolver and requested the pleasure of his company in a direction opposite to that in which he was traveling.

It was indeed rough on Gilson.

On the morning after his arrest he was tried, convicted, and sentenced. It only remains, so far as concerns his earthly career, to hang him, reserving for more particular mention his last will and testament, which, with great labor, he contrived in prison, and in which, probably from some confused and imperfect notion of the rights of captors, he bequeathed everything he owned to his "lawfle execketer," Mr. Brentshaw. The bequest, however, was made conditional on the legatee taking the testator's body from The Tree and "planting it white."

So Mr. Gilson was--I was about to say "swung off," but I fear there has been already something too much of slang in this straightforward statement of facts; besides, the manner in which the law took its course is more accurately described in the terms employed by the judge in passing sentence: Mr. Gilson was "strung up."

In due season Mr. Brentshaw, somewhat touched, it may well be, by the empty compliment of the bequest, repaired to The Tree to pluck the fruit thereof. When taken down the body was found to have in its waistcoat pocket a duly attested codicil to the will already noted. The nature of its provisions accounted for the manner in which it had been withheld, for had Mr. Brentshaw previously been made aware of the conditions under which he was to succeed to the Gilson estate he would indubitably have declined the responsibility. Briefly stated, the purport of the codicil was as follows:

Whereas, at divers times and in sundry places, certain persons had asserted that during his life the testator had robbed their sluice boxes; therefore, if during the five years next succeeding the date of this instrument any one should make proof of such assertion before a court of law, such person was to receive as reparation the entire personal and real estate of which the testator died seized and possessed, minus the expenses of court and a stated compensation to the executor, Henry Clay Brentshaw; provided, that if more than one person made such proof the estate was to be equally divided between or among them. But in case none should succeed in so establishing the testator's guilt, then the whole property, minus court expenses, as aforesaid, should go to the said Henry Clay Brentshaw for his own use, as stated in the will.

The syntax of this remarkable document was perhaps open to critical objection, but that was clearly enough the meaning of it. The orthography conformed to no recognized system, but being mainly phonetic it was not ambiguous. As the probate judge remarked, it would take five aces to beat it. Mr. Brentshaw smiled good-humoredly, and after performing the last sad rites with amusing ostentation, had himself duly sworn as executor and conditional legatee under the provisions of a law hastily passed (at the instance of the member from the Mammon Hill district) by a facetious legislature; which law was afterward discovered to have created also three or four lucrative offices and authorized the expenditure of a considerable sum of public money for the construction of a certain railway bridge that with greater advantage might perhaps have been erected on the line of some actual railway.

Of course Mr. Brentshaw expected neither profit from the will nor litigation in consequence of its unusual provisions; Gilson, although frequently "flush," had been a man whom assessors and tax collectors were well satisfied to lose no money by. But a careless and merely formal search among his papers revealed title deeds to valuable estates in the East and certificates of deposit for incredible sums in banks less severely scrupulous than that of Mr. Jo. Bentley.

The astounding news got abroad directly, throwing the Hill into a fever of excitement. The Mammon Hill _Patriot_, whose editor had been a leading spirit in the proceedings that resulted in Gilson's departure from New Jerusalem, published a most complimentary obituary notice of the deceased, and was good enough to call attention to the fact that his degraded contemporary, the Squaw Gulch _Clarion_, was bringing virtue into contempt by beslavering with flattery the memory of one who in life had spurned the vile sheet as a nuisance from his door. Undeterred by the press, however, claimants under the will were not slow in presenting themselves with their evidence; and great as was the Gilson estate it appeared conspicuously paltry considering the vast number of sluice boxes from which it was averred to have been obtained. The country rose as one man!

Mr. Brentshaw was equal to the emergency. With a shrewd application of humble auxiliary devices, he at once erected above the bones of his benefactor a costly monument, overtopping every rough headboard in the cemetery, and on this he judiciously caused to be inscribed an epitaph of his own composing, eulogizing the honesty, public spirit and cognate virtues of him who slept beneath, "a victim to the unjust aspersions of Slander's viper brood."

Moreover, he employed the best legal talent in the Territory to defend the memory of his departed friend, and for five long years the Territorial courts were occupied with litigation growing out of the Gilson bequest. To fine forensic abilities Mr. Brentshaw opposed abilities more finely forensic; in bidding for purchasable favors he offered prices which utterly deranged the market; the judges found at his hospitable board entertainment for man and beast, the like of which had never been spread in the Territory; with mendacious witnesses he confronted witnesses of superior mendacity.

Nor was the battle confined to the temple of the blind goddess--it invaded the press, the pulpit, the drawing-room. It raged in the mart, the exchange, the school; in the gulches, and on the street corners. And upon the last day of the memorable period to which legal action under the Gilson will was limited, the sun went down upon a region in which the moral sense was dead, the social conscience callous, the intellectual capacity dwarfed, enfeebled, and confused! But Mr. Brentshaw was victorious all along the line.

On that night it so happened that the cemetery in one corner of which lay the now honored ashes of the late Milton Gilson, Esq., was partly under water. Swollen by incessant rains, Cat Creek had spilled over its banks an angry flood which, after scooping out unsightly hollows wherever the soil had been disturbed, had partly subsided, as if ashamed of the sacrilege, leaving exposed much that had been piously concealed. Even the famous Gilson monument, the pride and glory of Mammon Hill, was no longer a standing rebuke to the "viper brood"; succumbing to the sapping current it had toppled prone to earth. The ghoulish flood had exhumed the poor, decayed pine coffin, which now lay half-exposed, in pitiful contrast to the pompous monolith which, like a giant note of admiration, emphasized the disclosure.

To this depressing spot, drawn by some subtle influence he had sought neither to resist nor analyze, came Mr. Brentshaw. An altered man was Mr. Brentshaw. Five years of toil, anxiety, and wakefulness had dashed his black locks with streaks and patches of gray, bowed his fine figure, drawn sharp and angular his face, and debased his walk to a doddering shuffle. Nor had this lustrum of fierce contention wrought less upon his heart and intellect. The careless good humor that had prompted him to accept the trust of the dead man had given place to a fixed habit of melancholy. The firm, vigorous intellect had overripened into the mental mellowness of second childhood. His broad understanding had narrowed to the accommodation of a single idea; and in place of the quiet, cynical incredulity of former days, there was in him a haunting faith in the supernatural, that flitted and fluttered about his soul, shadowy, batlike, ominous of insanity. Unsettled in all else, his understanding clung to one conviction with the tenacity of a wrecked intellect. That was an unshaken belief in the entire blamelessness of the dead Gilson. He had so often sworn to this in court and asserted it in private conversation--had so frequently and so triumphantly established it by testimony that had come expensive to him (for that very day he had paid the last dollar of the Gilson estate to Mr. Jo. Bentley, the last witness to the Gilson good character)--that it had become to him a sort of religious faith. It seemed to him the one great central and basic truth of life--the sole serene verity in a world of lies.

On that night, as he seated himself pensively upon the prostrate monument, trying by the uncertain moonlight to spell out the epitaph which five years before he had composed with a chuckle that memory had not recorded, tears of remorse came into his eyes as he remembered that he had been mainly instrumental in compassing by a false accusation this good man's death; for during some of the legal proceedings, Mr. Harper, for a consideration (forgotten) had come forward and sworn that in the little transaction with his bay mare the deceased had acted in strict accordance with the Harperian wishes, confidentially communicated to the deceased and by him faithfully concealed at the cost of his life. All that Mr. Brentshaw had since done for the dead man's memory seemed pitifully inadequate--most mean, paltry, and debased with selfishness!

As he sat there, torturing himself with futile regrets, a faint shadow fell across his eyes. Looking toward the moon, hanging low in the west, he saw what seemed a vague, watery cloud obscuring her; but as it moved so that her beams lit up one side of it he perceived the clear, sharp outline of a human figure. The apparition became momentarily more distinct, and grew, visibly; it was drawing near. Dazed as were his senses, half locked up with terror and confounded with dreadful imaginings, Mr. Brentshaw yet could but perceive, or think he perceived, in this unearthly shape a strange similitude to the mortal part of the late Milton Gilson, as that person had looked when taken from The Tree five years before. The likeness was indeed complete, even to the full, stony eyes, and a certain shadowy circle about the neck. It was without coat or hat, precisely as Gilson had been when laid in his poor, cheap casket by the not ungentle hands of Carpenter Pete--for whom some one had long since performed the same neighborly office. The spectre, if such it was, seemed to bear something in its hands which Mr. Brentshaw could not clearly make out. It drew nearer, and paused at last beside the coffin containing the ashes of the late Mr. Gilson, the lid of which was awry, half disclosing the uncertain interior. Bending over this, the phantom seemed to shake into it from a basin some dark substance of dubious consistency, then glided stealthily back to the lowest part of the cemetery. Here the retiring flood had stranded a number of open coffins, about and among which it gurgled with low sobbings and stilly whispers. Stooping over one of these, the apparition carefully brushed its contents into the basin, then returning to its own casket, emptied the vessel into that, as before. This mysterious operation was repeated at every exposed coffin, the ghost sometimes dipping its laden basin into the running water, and gently agitating it to free it of the baser clay, always hoarding the residuum in its own private box. In short, the immortal part of the late Milton Gilson was cleaning up the dust of its neighbors and providently adding the same to its own.

Perhaps it was a phantasm of a disordered mind in a fevered body. Perhaps it was a solemn farce enacted by pranking existences that throng the shadows lying along the border of another world. God knows; to us is permitted only the knowledge that when the sun of another day touched with a grace of gold the ruined cemetery of Mammon Hill his kindliest beam fell upon the white, still face of Henry Brentshaw, dead among the dead.

THE APPLICANT

Pushing his adventurous shins through the deep snow that had fallen overnight, and encouraged by the glee of his little sister, following in the open way that he made, a sturdy small boy, the son of Grayville's most distinguished citizen, struck his foot against something of which there was no visible sign on the surface of the snow. It is the purpose of this narrative to explain how it came to be there.

No one who has had the advantage of passing through Grayville by day can have failed to observe the large stone building crowning the low hill to the north of the railway station--that is to say, to the right in going toward Great Mowbray. It is a somewhat dull-looking edifice, of the Early Comatose order, and appears to have been designed by an architect who shrank from publicity, and although unable to conceal his work--even compelled, in this instance, to set it on an eminence in the sight of men--did what he honestly could to insure it against a second look. So far as concerns its outer and visible aspect, the Abersush Home for Old Men is unquestionably inhospitable to human attention. But it is a building of great magnitude, and cost its benevolent founder the profit of many a cargo of the teas and silks and spices that his ships brought up from the under-world when he was in trade in Boston; though the main expense was its endowment. Altogether, this reckless person had robbed his heirs-at-law of no less a sum than half a million dollars and flung it away in riotous giving. Possibly it was with a view to get out of sight of the silent big witness to his extravagance that he shortly afterward disposed of all his Grayville property that remained to him, turned his back upon the scene of his prodigality and went off across the sea in one of his own ships. But the gossips who got their inspiration most directly from Heaven declared that he went in search of a wife--a theory not easily reconciled with that of the village humorist, who solemnly averred that the bachelor philanthropist had departed this life (left Grayville, to wit) because the marriageable maidens had made it too hot to hold him. However this may have been, he had not returned, and although at long intervals there had come to Grayville, in a desultory way, vague rumors of his wanderings in strange lands, no one seemed certainly to know about him, and to the new generation he was no more than a name. But from above the portal of the Home for Old Men the name shouted in stone.

Despite its unpromising exterior, the Home is a fairly commodious place of retreat from the ills that its inmates have incurred by being poor and old and men. At the time embraced in this brief chronicle they were in number about a score, but in acerbity, querulousness, and general ingratitude they could hardly be reckoned at fewer than a hundred; at least that was the estimate of the superintendent, Mr. Silas Tilbody. It was Mr. Tilbody's steadfast conviction that always, in admitting new old men to replace those who had gone to another and a better Home, the trustees had distinctly in will the infraction of his peace, and the trial of his patience. In truth, the longer the institution was connected with him, the stronger was his feeling that the founder's scheme of benevolence was sadly impaired by providing any inmates at all. He had not much imagination, but with what he had he was addicted to the reconstruction of the Home for Old Men into a kind of "castle in Spain," with himself as castellan, hospitably entertaining about a score of sleek and prosperous middle-aged gentlemen, consummately good-humored and civilly willing to pay for their board and lodging. In this revised project of philanthropy the trustees, to whom he was indebted for his office and responsible for his conduct, had not the happiness to appear. As to them, it was held by the village humorist aforementioned that in their management of the great charity Providence had thoughtfully supplied an incentive to thrift. With the inference which he expected to be drawn from that view we have nothing to do; it had neither support nor denial from the inmates, who certainly were most concerned. They lived out their little remnant of life, crept into graves neatly numbered, and were succeeded by other old men as like them as could be desired by the Adversary of Peace. If the Home was a place of punishment for the sin of unthrift the veteran offenders sought justice with a persistence that attested the sincerity of their penitence. It is to one of these that the reader's attention is now invited.

In the matter of attire this person was not altogether engaging. But for this season, which was midwinter, a careless observer might have looked upon him as a clever device of the husbandman indisposed to share the fruits of his toil with the crows that toil not, neither spin--an error that might not have been dispelled without longer and closer observation than he seemed to court; for his progress up Abersush Street, toward the Home in the gloom of the winter evening, was not visibly faster than what might have been expected of a scarecrow blessed with youth, health, and discontent. The man was indisputably ill-clad, yet not without a certain fitness and good taste, withal; for he was obviously an applicant for admittance to the Home, where poverty was a qualification. In the army of indigence the uniform is rags; they serve to distinguish the rank and file from the recruiting officers.