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Chapter II (2)

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It seemed a particularly happy and appropriate circumstance that the first business in the new court-room should be of itself of an important and momentous nature, something that dealt not only with the present but with the past of Zepata, and that the trial of so celebrated an individual as Abe Barrow should open the court-house with _éclat_, as Emma Abbott, who had come all the way from San Antonio to do it, had opened the new opera-house the year before. The District Attorney had said it would not take very long to dispose of Barrow's case, but he had promised it would be an interesting if brief trial, and the court-room was filled even to the open windows, where men sat crowded together, with the perspiration running down their faces, and the red dust settling and turning white upon their shoulders.

Abe Barrow, the prisoner, had been as closely associated with the early history of Zepata as Colonel Macon himself, and was as widely known; he had killed in his day several of the Zepata citizens, and two visiting brother-desperadoes, and the corner where his gambling-house had stood was still known as Barrow's Corner, to the regret of the druggist who had opened a shop there. Ten years before, the murder of Deputy Sheriff Welsh had led him to the penitentiary, and a month previous to the opening of the new court-house he had been freed, and arrested at the prison gate to stand trial for the murder of Hubert Thompson. The fight with Thompson had been a fair fight--so those said who remembered it--and Thompson was a man they could well spare; but the case against Barrow had been prepared during his incarceration by the new and youthful District Attorney, "Judge" Henry Harvey, and as it offered a fitting sacrifice for the dedication of the new temple of justice, the people were satisfied and grateful.

The court-room was as bare of ornament as the cell from which the prisoner had just been taken. There was an imitation walnut clock at the back of the Judge's hair-cloth sofa, his revolving chair, and his high desk. This was the only ornament. Below was the green table of the District Attorney, upon which rested his papers and law-books and his high hat. To one side sat the jury, ranch-owners and prominent citizens, proud of having to serve on this the first day; and on the other the prisoner in his box. Around them gathered the citizens of Zepata in close rows, crowded together on unpainted benches; back of them more citizens standing and a few awed Mexicans; and around all the whitewashed walls. Colonel John Stogart, of Dallas, the prisoner's attorney, procured obviously at great expense, no one knew by whom, and Barrow's wife, a thin yellow-faced woman in a mean-fitting showy gown, sat among the local celebrities at the District Attorney's elbow. She was the only woman in the room.

Colonel Stogart's speech had been good. The citizens were glad it had been so good; it had kept up the general tone of excellence, and it was well that the best lawyer of Dallas should be present on this occasion, and that he should have made what the citizens of Zepata were proud to believe was one of the efforts of his life. As they said, a court-house such as this one was not open for business every day. It was also proper that Judge Truax, who was a real Judge, and not one by courtesy only, as was the young District Attorney, should sit upon the bench. He also was associated with the early days and with the marvellous growth of Zepata City. He had taught the young District Attorney much of what he knew, and his long white hair and silver-rimmed spectacles gave dignity and the appearance of calm justice to the bare room and to the heated words of the rival orators.

Colonel Stogart ceased speaking, and the District Attorney sucked in his upper lip with a nervous, impatient sigh as he recognized that the visiting attorney had proved murder in the second degree, and that an execution in the jail-yard would not follow as a fitting sequence.

But he was determined that so far as in him lay he would at least send his man back to the penitentiary for the remainder of his life.

Young Harry Harvey, "The Boy Orator of Zepata City," as he was called, was very dear to the people of that booming town. In their eyes he was one of the most promising young men in the whole great unwieldy State of Texas, and the boy orator thought they were probably right, but he was far too clever to let them see it. He was clever in his words and in his deeds and in his appearance. And he dressed much more carefully than any other man in town, with a frock-coat and a white tie winter and summer, and a fine high hat. That he was slight and short of stature was something he could not help, and was his greatest, keenest regret, and that Napoleon was also short and slight did not serve to satisfy him or to make his regret less continual. What availed the sharply cut, smoothly shaven face and the eyes that flashed when he was moved, or the bell-like voice, if every unlettered ranchman or ranger could place both hands on his shoulders and look down at him from heights above? But they forgot this and he forgot it before he had reached the peroration of his closing speech. They saw only the Harry Harvey they knew and adored moving and rousing them with his voice, trembling with indignation when he wished to tremble, playing all his best tricks in his best manner, and cutting the air with sharp, cruel words when he was pleased to be righteously just.

The young District Attorney turned slowly on his heels, and swept the court-room carelessly with a glance of the clever black eyes. The moment was his. He saw all the men he knew--the men who made his little world--crowding silently forward, forgetful of the heat, of the suffocating crush of those about them, of the wind that rattled the doors in the corridors, and conscious only of him. He saw his old preceptor watching keenly from the bench, with a steady glance of perfect appreciation, such as that with which one actor in the box compliments the other on the stage. He saw the rival attorney--the great lawyer from the great city--nervously smiling, with a look of confidence that told the lack of it; and he saw the face of the prisoner grim and set and hopelessly defiant. The boy orator allowed his uplifted arm to fall until the fingers pointed at the prisoner.

"This man," he said, and as he spoke even the wind in the corridors hushed for the moment, "is no part or parcel of Zepata City of to-day. He comes to us a relic of the past--a past that has brought honor to many, wealth to some, and which is dear to all of us who love the completed purpose of their work; a past that was full of hardships and glorious efforts in the face of daily disappointments, embitterments, and rebuffs. But the part _this_ man played in that past lives only in the rude court records of that day, in the traditions of the gambling-hell and the saloons, and on the headstones of his victims. He was one of the excrescences of that unsettled period, an unhappy evil--an inevitable evil, I might almost say, as the Mexican horse-thieves and the prairie fires and the Indian outbreaks were inevitable, as our fathers who built this beautiful city knew to their cost. The same chance that was given to them to make a home for themselves in the wilderness, to help others to make their homes, to assist the civilization and progress not only of this city, but of the whole Lone Star State, was given to him, and he refused it, and blocked the way of others, and kept back the march of progress, until to-day, civilization, which has waxed great and strong--not on account of him, remember, but in spite of him--sweeps him out of its way, and crushes him and his fellows."

The young District Attorney allowed his arm to drop, and turned to the jury, leaning easily with his bent knuckles on the table.

"Gentlemen," he said, in his pleasant tones of every-day politeness, "the 'bad man' has become an unknown quantity in Zepata City and in the State of Texas. It lies with you to see that he remains so. He went out of existence with the blanket Indian and the buffalo. He is dead, and he must _not_ be resurrected. He was a picturesque evil of those early days, but civilization has no use for him, and it has killed him, as the railroads and the barb-wire fence have killed the cowboy. He does not belong here; he does not fit in; he is not wanted. We want men who can breed good cattle, who can build manufactories and open banks; storekeepers who can undersell those of other cities; and professional men who know their business. We do _not_ want desperadoes and 'bad men' and faro-dealers and men who are quick on the trigger. A foolish and morbid publicity has cloaked men of this class with a notoriety which cheap and pernicious literature has greatly helped to disseminate. They have been made romantic when they were brutal, brave when they were foolhardy, heroes when they were only bullies and blackguards. This man, Abe Barrow, the prisoner at the bar, belongs to that class. He enjoys and has enjoyed a reputation as a 'bad man,' a desperate and brutal ruffian. Free him to-day, and you set a premium on such reputations; acquit him of this crime, and you encourage others to like evil. Let him go, and he will walk the streets with a swagger, and boast that you were afraid to touch him--_afraid_, gentlemen--and children and women will point after him as the man who has sent nine others into eternity, and who yet walks the streets a free man. And he will become, in the eyes of the young and the weak, a hero and a god. This is unfortunate, but it is true.

"Now, gentlemen, we want to keep the streets of this city so safe that a woman can walk them at midnight without fear of insult, and a man can express his opinion on the corner without being shot in the back for doing so."

The District Attorney turned from the jury with a bow, and faced Judge Truax.

"For the last ten years, your honor, this man, Abner Barrow, has been serving a term of imprisonment in the State penitentiary; I ask you to send him back there again for the remainder of his life. It will be the better place for him, and we will be happier in knowing we have done our duty in placing him there. Abe Barrow is out of date. He has missed step with the march of progress, and has been out of step for ten years, and it is best for all that he should remain out of it until he, who has sent nine other men unprepared to meet their God--"

"He is not on trial for the murder of nine men," interrupted Colonel Stogart, springing from his chair, "but for the justifiable killing of one, and I demand, your honor, that--"

"--has sent nine other men to meet their Maker," continued the District Attorney, "meets with the awful judgment of a higher court than this."

Colonel Stogart smiled scornfully at the platitude, and sat down with an expressive shrug; but no one noticed him.

The District Attorney raised his arm and faced the court-room. "It cannot be said of _us_," he cried, "that we have sat idle in the market-place. We have advanced and advanced in the last ten years, until we have reached the very foremost place with civilized people. This Rip Van Winkle of the past returns to find a city where he left a prairie town, a bank where he spun his roulette wheel, this magnificent court-house instead of a vigilance committee. And what is his part in this new court-house, which to-day, for the first time, throws open its doors to protect the just and to punish the unjust?

"Is he there in the box among those honorable men, the gentlemen of the jury? Is he in that great crowd of intelligent, public-spirited citizens who make the bone and sinew of this our fair city? Is he on the honored bench dispensing justice, and making the intricacies of the law straight? No, gentlemen; he has no part in our triumph. He is there, in the prisoners' pen, an outlaw, a convicted murderer, and an unconvicted assassin, the last of his race--the bullies and bad men of the border--a thing to be forgotten and put away forever from the sight of man. He has outlasted his time; he is a superfluity and an outrage on our reign of decency and order. And I ask you, gentlemen, to put him away where he will not hear the voice of man nor children's laughter, nor see a woman smile, where he will not even see the face of the warden who feeds him, nor sunlight except as it is filtered through the iron bars of a jail. Bury him with the bitter past, with the lawlessness that has gone--that has gone, thank God--and which must _not_ return. Place him in the cell where he belongs, and whence, had justice been done, he would never have been taken alive."

The District Attorney sat down suddenly, with a quick nod to the Judge and the jury, and fumbled over his papers with nervous fingers. He was keenly conscious, and excited with the fervor of his own words. He heard the reluctantly hushed applause and the whispers of the crowd, and noted the quick and combined movement of the jury with a selfish sweet pleasure, which showed itself only in the tightening of the lips and nostrils. Those nearest him tugged at his sleeve and shook hands with him. He remembered this afterward as one of the rewards of the moment. He turned the documents before him over and scribbled words upon a piece of paper and read a passage in an open law-book. He did this quite mechanically, and was conscious of nothing until the foreman pronounced the prisoner at the bar guilty of murder in the second degree.

Judge Truax leaned across his desk and said, simply, that it lay in his power to sentence the prisoner to not less than two years' confinement in the State penitentiary or for the remainder of his life.

"Before I deliver sentence on you, Abner Barrow," he said, with an old man's kind severity, "is there anything you have to say on your own behalf?"

The District Attorney turned his face, as did all the others, but he did not see the prisoner. He still saw himself holding the court-room with a spell, and heard his own periods ringing against the whitewashed ceiling. The others saw a tall, broad-shouldered man leaning heavily forward over the bar of the prisoner's box. His face was white with the prison tan, markedly so in contrast with those sunburnt by the wind and sun turned toward him, and pinched and hollow-eyed and worn. When he spoke, his voice had the huskiness which comes from non-use, and cracked and broke like a child's.

"I don't know, Judge," he said, hesitatingly, and staring stupidly at the mass of faces in the well beneath him, "that I have anything to say--in my own behalf. I don't know as it would be any use. I guess what the gentleman said about me is all there is to say. He put it about right. I've had my fun, and I've got to pay for it--that is, I thought it was fun at the time. I am not going to cry any baby act and beg off, or anything, if that's what you mean. But there is something I'd like to say if I thought you would believe me." He frowned down at the green table as though the words he wanted would not come, and his eyes wandered from one face to another, until they rested upon the bowed head of the only woman in the room. They remained there for some short time, and then Barrow drew in his breath more quickly, and turned with something like a show of confidence to the jury.

"All that man said of me is true," he said. He gave a toss of his hands as a man throws away the reins. "I admit all he says. I _am_ a back number; I _am_ out of date; I _was_ a loafer and a blackguard. I never shot any man in the back, nor I never assassinated no one; but that's neither here nor there. I'm not in a place where I can expect people to pick out their words; but, as he says, I _am_ a bad lot. He says I have enjoyed a reputation as a desperado. I am not bragging of that; I just ask you to remember that he said it. Remember it of me. I was not the sort to back down to man or beast, and I'm not now. I am not backing down, now; I'm taking my punishment. Whatever you please to make it, I'll take it; and that," he went on, more slowly, "makes it harder for me to ask what I want to ask, and make you all believe I am not asking it for myself."

He stopped, and the silence in the room seemed to give him some faint encouragement of sympathy, though it was rather the silence of curiosity.

Colonel Stogart gave a stern look upward, and asked the prisoner's wife, in a whisper, if she knew what her husband meant to say, but she shook her head. She did not know. The District Attorney smiled indulgently at the prisoner and at the men about him, but they were watching the prisoner.

"That man there," said Barrow, pointing with one gaunt hand at the boy attorney, "told you I had no part or parcel in this city or in this world; that I belonged to the past; that I had ought to be dead. Now that's not so. I have just one thing that belongs to this city and this world--and to me; one thing that I couldn't take to jail with me, and that I'll have to leave behind me when I go back to it. I mean my wife."

The prisoner stopped, and looked so steadily at one place below him that those in the back of the court guessed for the first time that Mrs. Barrow was in the room, and craned forward to look at her, and there was a moment of confusion and a murmur of "Get back there!" "Sit still!" The prisoner turned to Judge Truax again and squared his broad shoulders, making the more conspicuous his narrow and sunken chest.

"You, sir," he said, quietly, with a change from the tone of braggadocio with which he had begun to speak, "remember her, sir, when I married her, twelve years ago. She was Henry Holman's daughter, he who owned the San Iago Ranch and the triangle brand. I took her from the home she had with her father against that gentleman's wishes, sir, to live with me over my dance-hall at the Silver Star. You may remember her as she was then. She gave up everything a woman ought to have to come to me. She thought she was going to be happy with me; that's why she come, I guess. Maybe she was happy for about two weeks. After that first two weeks her life, sir, was a hell, and I made it a hell. I was drunk most of the time, or sleeping it off, and ugly-tempered when I was sober. There was shooting and carrying on all day and night down-stairs, and she didn't dare to leave her room. Besides that, she cared for me, and she was afraid every minute I was going to get killed. That's the way she lived for two years. Respectable women wouldn't speak to her because she was my wife; even them that were friends of hers when she lived on the ranch wouldn't speak to her on the street--and she had no children. That was her life; she lived alone over the dance-hall; and sometimes when I was drunk--I beat her."

The man's white face reddened slowly as he said this; and he stopped, and then continued more quickly, with his eyes still fixed on those of the Judge:

"At the end of two years I killed Welsh, and they sent me to the penitentiary for ten years, and she was free. She could have gone back to her folks and got a divorce if she'd wanted to, and never seen me again. It was an escape most women'd gone down on their knees and thanked their Maker for, and blessed the day they'd been freed from a blackguardly drunken brute.

"But what did this woman do--my wife, the woman I misused and beat and dragged down in the mud with me? She was too mighty proud to go back to her people or to the friends who shook her when she was in trouble; and she sold out the place, and bought a ranch with the money, and worked it by herself, worked it day and night, until in ten years she had made herself an old woman, as you see she is to-day.

"And for what? To get _me_ free again; to bring _me_ things to eat in jail, and picture papers and tobacco--when she was living on bacon and potatoes, and drinking alkali water--working to pay for a lawyer to fight for _me_--to pay for the _best_ lawyer! She worked in the fields with her own hands, planting and ploughing, working as I never worked for myself in my whole lazy, rotten life. That's what that woman there did for me."

The man stopped suddenly, and turned with a puzzled look toward where his wife sat, for she had dropped her head on the table in front of her, and he had heard her sobbing.

"And what I want to ask of you, sir, is to let me have two years out of jail to show her how I feel about it. I ask you not to send me back for life, sir. Give me just two years--two years of my life while I have some strength left to work for her as she worked for me. I only want to show her how I care for her _now_. I had the chance, and I wouldn't take it; and now, sir, I want to show her that I know and understand--now, when it's too late. It's all I've thought of when I was in jail, to be able to see her sitting in her own kitchen with her hands folded, and me working and sweating in the fields for her--working till every bone ached, trying to make it up to her.

"And I can't!" the man cried, suddenly, losing the control he had forced upon himself, and tossing his hands up above his head, and with his eyes fixed hopelessly on the bowed head below him. "I can't! It's too late. It's too late!"

He turned and faced the crowd and the District Attorney defiantly.

"I'm not crying for the men I killed. They're dead. I can't bring them back. But she's not dead, and I treated her worse than I treated them. _She_ never harmed me, nor got in my way, nor angered me. And now, when I want to do what I can for her in the little time that's left, _he_ tells you I'm a 'relic of the past,' that civilization's too good for me, that you must bury me until it's time to bury me for good. Just when I've got something I _must_ live for, something I've got to do. Don't you believe me? Don't you understand?"

He turned again toward the Judge, and beat the rail before him impotently with his wasted hand. "Don't send me back for life!" he cried. "Give me a few years to work for her--two years, one year--to show her what I feel here, what I never felt for her before. Look at her, gentlemen. Look how worn she is and poorly, and look at her hands, and you men must feel how I feel. I don't ask you for myself. I don't want to go free on my own account. I am asking it for that woman--yes, and for myself, too. I am playing to 'get back,' gentlemen. I've lost what I had, and I want to get back; and," he cried, querulously, "the game keeps going against me. It's only a few years' freedom I want. Send me back for thirty years, but not for life. My God! Judge, don't bury me alive, as that man asked you to. I'm _not_ civilized, maybe; ways _have_ changed. You are not the man I knew; you are all strangers to me. But I could learn. I wouldn't bother you in the old way. I only want to live with her. I won't harm the rest of you. Give me this last chance. Let me prove that what I'm saying is true."

The man stopped and stood, opening and shutting his hands upon the rail, and searching with desperate eagerness from face to face, as one who has staked all he has watches the wheel spinning his fortune away. The gentlemen of the jury sat quite motionless, looking straight ahead at the blinding sun, which came through the high, uncurtained windows opposite. Outside, the wind banged the shutters against the wall, and whistled up the street and round the tin corners of the building, but inside the room was very silent. The Mexicans at the door, who could not understand, looked curiously at the faces of the men around them, and made sure that they had missed something of much importance. For a moment no one moved, until there was a sudden stir around the District Attorney's table, and the men stepped aside and let the woman pass them and throw herself against the prisoner's box. The prisoner bent his tall gaunt figure over the rail, and as the woman pressed his one hand against her face, touched her shoulders with the other awkwardly.

"There, now," he whispered, soothingly, "don't you take on so. Now you know how I feel, it's all right; don't take on."

Judge Truax looked at the paper on his desk for some seconds, and raised his head, coughing as he did so. "It lies--" Judge Truax began, and then stopped, and began again, in a more certain tone: "It lies at the discretion of this Court to sentence the prisoner to a term of imprisonment for two years, or for an indefinite period, or for life. Owing to--On account of certain circumstances which were--have arisen--this sentence is suspended. This court stands adjourned."

As he finished he sprang out of his chair impulsively, and with a quick authoritative nod to the young District Attorney, came quickly down the steps of the platform. Young Harvey met him at the foot with wide-open eyes.

The older man hesitated, and placed his hand upon the District Attorney's shoulder. "Harry," he said. His voice was shaken, and his hand trembled on the arm of his protégé, for he was an old man and easily moved. "Harry, my boy," he said, "do you think you could go to Austin and repeat the speech that man made to the Governor?"

The boy orator laughed, and took one of the older man's hands in one of his and pressed it quickly. "I'd like d----d well to try," he said.

THE OTHER WOMAN

Young Latimer stood on one of the lower steps of the hall stairs, leaning with one hand on the broad railing and smiling down at her. She had followed him from the drawing-room and had stopped at the entrance, drawing the curtains behind her, and making, unconsciously, a dark background for her head and figure. He thought he had never seen her look more beautiful, nor that cold, fine air of thorough breeding about her which was her greatest beauty to him, more strongly in evidence.

"Well, sir," she said, "why don't you go?"

He shifted his position slightly and leaned more comfortably upon the railing, as though he intended to discuss it with her at some length.

"How can I go," he said, argumentatively, "with you standing there--looking like that?"

"I really believe," the girl said, slowly, "that he is afraid; yes, he is afraid. And you always said," she added, turning to him, "you were so brave."

"Oh, I am sure I never said that," exclaimed the young man, calmly. "I may be brave, in fact, I am quite brave, but I never said I was. Some one must have told you."

"Yes, he is afraid," she said, nodding her head to the tall clock across the hall, "he is temporizing and trying to save time. And afraid of a man, too, and such a good man who would not hurt any one."

"You know a bishop is always a very difficult sort of a person," he said, "and when he happens to be your father, the combination is just a bit awful. Isn't it now? And especially when one means to ask him for his daughter. You know it isn't like asking him to let one smoke in his study."

"If I loved a girl," she said, shaking her head and smiling up at him, "I wouldn't be afraid of the whole world; that's what they say in books, isn't it? I would be so bold and happy."

"Oh, well, I'm bold enough," said the young man, easily; "if I had not been, I never would have asked you to marry me; and I'm happy enough--that's because I did ask you. But what if he says no," continued the youth; "what if he says he has greater ambitions for you, just as they say in books, too? What will you do? Will you run away with me? I can borrow a coach just as they used to do, and we can drive off through the Park and be married, and come back and ask his blessing on our knees--unless he should overtake us on the elevated."

"That," said the girl, decidedly, "is flippant, and I'm going to leave you. I never thought to marry a man who would be frightened at the very first. I am greatly disappointed."

She stepped back into the drawing-room and pulled the curtains to behind her, and then opened them again and whispered, "Please don't be long," and disappeared. He waited, smiling, to see if she would make another appearance, but she did not, and he heard her touch the keys of the piano at the other end of the drawing-room. And so, still smiling and with her last words sounding in his ears, he walked slowly up the stairs and knocked at the door of the bishop's study. The bishop's room was not ecclesiastic in its character. It looked much like the room of any man of any calling who cared for his books and to have pictures about him, and copies of the beautiful things he had seen on his travels. There were pictures of the Virgin and the Child, but they were those that are seen in almost any house, and there were etchings and plaster casts, and there were hundreds of books, and dark red curtains, and an open fire that lit up the pots of brass with ferns in them, and the blue and white plaques on the top of the bookcase. The bishop sat before his writing-table, with one hand shading his eyes from the light of a red-covered lamp, and looked up and smiled pleasantly and nodded as the young man entered. He had a very strong face, with white hair hanging at the side, but was still a young man for one in such a high office. He was a man interested in many things, who could talk to men of any profession or to the mere man of pleasure, and could interest them in what he said, and force their respect and liking. And he was very good, and had, they said, seen much trouble.

"I am afraid I interrupted you," said the young man, tentatively.

"No, I have interrupted myself," replied the bishop. "I don't seem to make this clear to myself," he said, touching the paper in front of him, "and so I very much doubt if I am going to make it clear to any one else. However," he added, smiling, as he pushed the manuscript to one side, "we are not going to talk about that now. What have you to tell me that is new?"

The younger man glanced up quickly at this, but the bishop's face showed that his words had had no ulterior meaning, and that he suspected nothing more serious to come than the gossip of the clubs or a report of the local political fight in which he was keenly interested, or on their mission on the East Side. But it seemed an opportunity to Latimer.

"I _have_ something new to tell you," he said, gravely, and with his eyes turned toward the open fire, "and I don't know how to do it exactly. I mean I don't just know how it is generally done or how to tell it best." He hesitated and leaned forward, with his hands locked in front of him, and his elbows resting on his knees. He was not in the least frightened. The bishop had listened to many strange stories, to many confessions, in this same study, and had learned to take them as a matter of course; but to-night something in the manner of the young man before him made him stir uneasily, and he waited for him to disclose the object of his visit with some impatience.

"I will suppose, sir," said young Latimer, finally, "that you know me rather well--I mean you know who my people are, and what I am doing here in New York, and who my friends are, and what my work amounts to. You have let me see a great deal of you, and I have appreciated your doing so very much; to so young a man as myself it has been a great compliment, and it has been of great benefit to me. I know that better than any one else. I say this because unless you had shown me this confidence it would have been almost impossible for me to say to you what I am going to say now. But you have allowed me to come here frequently, and to see you and talk with you here in your study, and to see even more of your daughter. Of course, sir, you did not suppose that I came here only to see you. I came here because I found that, if I did not see Miss Ellen for a day, that that day was wasted, and that I spent it uneasily and discontentedly, and the necessity of seeing her even more frequently has grown so great that I cannot come here as often as I seem to want to come unless I am engaged to her, unless I come as her husband that is to be." The young man had been speaking very slowly and picking his words, but now he raised his head and ran on quickly.

"I have spoken to her and told her how I love her, and she has told me that she loves me, and that if you will not oppose us, will marry me. That is the news I have to tell you, sir. I don't know but that I might have told it differently, but that is it. I need not urge on you my position and all that, because I do not think that weighs with you; but I do tell you that I love Ellen so dearly that, though I am not worthy of her, of course, I have no other pleasure than to give her pleasure and to try to make her happy. I have the power to do it; but what is much more, I have the wish to do it; it is all I think of now, and all that I can ever think of. What she thinks of me you must ask her; but what she is to me neither she can tell you nor do I believe that I myself could make you understand." The young man's face was flushed and eager, and as he finished speaking he raised his head and watched the bishop's countenance anxiously. But the older man's face was hidden by his hand as he leaned with his elbow on his writing-table. His other hand was playing with a pen, and when he began to speak, which he did after a long pause, he still turned it between his fingers and looked down at it.

"I suppose," he said, as softly as though he were speaking to himself, "that I should have known this; I suppose that I should have been better prepared to hear it. But it is one of those things which men put off--I mean those men who have children, put off--as they do making their wills, as something that is in the future and that may be shirked until it comes. We seem to think that our daughters will live with us always, just as we expect to live on ourselves until death comes one day and startles us and finds us unprepared." He took down his hand and smiled gravely at the younger man with an evident effort, and said, "I did not mean to speak so gloomily, but you see my point of view must be different from yours. And she says she loves you, does she?" he added, gently.

Young Latimer bowed his head and murmured something inarticulately in reply, and then held his head erect again and waited, still watching the bishop's face.

"I think she might have told me," said the older man; "but then I suppose this is the better way. I am young enough to understand that the old order changes, that the customs of my father's time differ from those of to-day. And there is no alternative, I suppose," he said, shaking his head. "I am stopped and told to deliver, and have no choice. I will get used to it in time," he went on, "but it seems very hard now. Fathers are selfish, I imagine, but she is all I have."

Young Latimer looked gravely into the fire and wondered how long it would last. He could just hear the piano from below, and he was anxious to return to her. And at the same time he was drawn toward the older man before him, and felt rather guilty, as though he really were robbing him. But at the bishop's next words he gave up any thought of a speedy release, and settled himself in his chair.

"We are still to have a long talk," said the bishop. "There are many things I must know, and of which I am sure you will inform me freely. I believe there are some who consider me hard, and even narrow on different points, but I do not think you will find me so, at least let us hope not. I must confess that for a moment I almost hoped that you might not be able to answer the questions I must ask you, but it was only for a moment. I am only too sure you will not be found wanting, and that the conclusion of our talk will satisfy us both. Yes, I am confident of that."

His manner changed, nevertheless, and Latimer saw that he was now facing a judge and not a plaintiff who had been robbed, and that he was in turn the defendant. And still he was in no way frightened.

"I like you," the bishop said, "I like you very much. As you say yourself, I have seen a great deal of you, because I have enjoyed your society, and your views and talk were good and young and fresh, and did me good. You have served to keep me in touch with the outside world, a world of which I used to know at one time a great deal. I know your people and I know you, I think, and many people have spoken to me of you. I see why now. They, no doubt, understood what was coming better than myself, and were meaning to reassure me concerning you. And they said nothing but what was good of you. But there are certain things of which no one can know but yourself, and concerning which no other person, save myself, has a right to question you. You have promised very fairly for my daughter's future; you have suggested more than you have said, but I understood. You can give her many pleasures which I have not been able to afford; she can get from you the means of seeing more of this world in which she lives, of meeting more people, and of indulging in her charities, or in her extravagances, for that matter, as she wishes. I have no fear of her bodily comfort; her life, as far as that is concerned, will be easier and broader, and with more power for good. Her future, as I say, as you say also, is assured; but I want to ask you this," the bishop leaned forward and watched the young man anxiously, "you can protect her in the future, but can you assure me that you can protect her from the past?"

Young Latimer raised his eyes calmly and said, "I don't think I quite understand."

"I have perfect confidence, I say," returned the bishop, "in you as far as your treatment of Ellen is concerned in the future. You love her and you would do everything to make the life of the woman you love a happy one; but this is it. Can you assure me that there is nothing in the past that may reach forward later and touch my daughter through you--no ugly story, no oats that have been sowed, and no boomerang that you have thrown wantonly and that has not returned--but which may return?"

"I think I understand you now, sir," said the young man, quietly. "I have lived," he began, "as other men of my sort have lived. You know what that is, for you must have seen it about you at college, and after that before you entered the Church. I judge so from your friends, who were your friends then, I understand. You know how they lived. I never went in for dissipation, if you mean that, because it never attracted me. I am afraid I kept out of it not so much out of respect for others as for respect for myself. I found my self-respect was a very good thing to keep, and I rather preferred keeping it and losing several pleasures that other men managed to enjoy, apparently with free consciences. I confess I used to rather envy them. It is no particular virtue on my part; the thing struck me as rather more vulgar than wicked, and so I have had no wild oats to speak of; and no woman, if that is what you mean, can write an anonymous letter, and no man can tell you a story about me that he could not tell in my presence."

There was something in the way the young man spoke which would have amply satisfied the outsider, had he been present; but the bishop's eyes were still unrelaxed and anxious. He made an impatient motion with his hand.

"I know you too well, I hope," he said, "to think of doubting your attitude in that particular. I know you are a gentleman, that is enough for that; but there is something beyond these more common evils. You see, I am terribly in earnest over this--you may think unjustly so, considering how well I know you, but this child is my only child. If her mother had lived, my responsibility would have been less great; but, as it is, God has left her here alone to me in my hands. I do not think He intended my duty should end when I had fed and clothed her, and taught her to read and write. I do not think He meant that I should only act as her guardian until the first man she fancied fancied her. I must look to her happiness not only now when she is with me, but I must assure myself of it when she leaves my roof. These common sins of youth I acquit you of. Such things are beneath you, I believe, and I did not even consider them. But there are other toils in which men become involved, other evils or misfortunes which exist, and which threaten all men who are young and free and attractive in many ways to women, as well as men. You have lived the life of the young man of this day. You have reached a place in your profession when you can afford to rest and marry and assume the responsibilities of marriage. You look forward to a life of content and peace and honorable ambition--a life, with your wife at your side, which is to last forty or fifty years. You consider where you will be twenty years from now, at what point of your career you may become a judge or give up practise; your perspective is unlimited; you even think of the college to which you may send your son. It is a long, quiet future that you are looking forward to, and you choose my daughter as the companion for that future, as the one woman with whom you could live content for that length of time. And it is in that spirit that you come to me tonight and that you ask me for my daughter. Now I am going to ask you one question, and as you answer that I will tell you whether or not you can have Ellen for your wife. You look forward, as I say, to many years of life, and you have chosen her as best suited to live that period with you; but I ask you this, and I demand that you answer me truthfully, and that you remember that you are speaking to her father. Imagine that I had the power to tell you, or rather that some superhuman agent could convince you, that you had but a month to live, and that for what you did in that month you would not be held responsible either by any moral law or any law made by man, and that your life hereafter would not be influenced by your conduct in that month, would you spend it, I ask you--and on your answer depends mine--would you spend those thirty days, with death at the end, with my daughter, or with some other woman of whom I know nothing?"

Latimer sat for some time silent, until indeed, his silence assumed such a significance that he raised his head impatiently and said with a motion of the hand, "I mean to answer you in a minute; I want to be sure that I understand."

The bishop bowed his head in assent, and for a still longer period the men sat motionless. The clock in the corner seemed to tick more loudly, and the dead coals dropping in the grate had a sharp, aggressive sound. The notes of the piano that had risen from the room below had ceased.

"If I understand you," said Latimer, finally, and his voice and his face as he raised it were hard and aggressive, "you are stating a purely hypothetical case. You wish to try me by conditions which do not exist, which cannot exist. What justice is there, what right is there, in asking me to say how I would act under circumstances which are impossible, which lie beyond the limit of human experience? You cannot judge a man by what he would do if he were suddenly robbed of all his mental and moral training and of the habit of years. I am not admitting, understand me, that if the conditions which you suggest did exist that I would do one whit differently from what I will do if they remain as they are. I am merely denying your right to put such a question to me at all. You might just as well judge the shipwrecked sailors on a raft who eat each other's flesh as you would judge a sane, healthy man who did such a thing in his own home. Are you going to condemn men who are ice-locked at the North Pole, or buried in the heart of Africa, and who have given up all thought of return and are half mad and wholly without hope, as you would judge ourselves? Are they to be weighed and balanced as you and I are, sitting here within the sound of the cabs outside and with a bake-shop around the corner? What you propose could not exist, could never happen. I could never be placed where I should have to make such a choice, and you have no right to ask me what I would do or how I would act under conditions that are superhuman--you used the word yourself--where all that I have held to be good and just and true would be obliterated. I would be unworthy of myself, I would be unworthy of your daughter, if I considered such a state of things for a moment, or if I placed my hopes of marrying her on the outcome of such a test, and so, sir," said the young man, throwing back his head, "I must refuse to answer you."

The bishop lowered his hand from before his eyes and sank back wearily into his chair. "You have answered me," he said.

"You have no right to say that," cried the young man, springing to his feet. "You have no right to suppose anything or to draw any conclusions. I have not answered you." He stood with his head and shoulders thrown back, and with his hands resting on his hips and with the fingers working nervously at his waist.

"What you have said," replied the bishop, in a voice that had changed strangely, and which was inexpressibly sad and gentle, "is merely a curtain of words to cover up your true feeling. It would have been so easy to have said, 'For thirty days or for life Ellen is the only woman who has the power to make me happy.' You see that would have answered me and satisfied me. But you did not say that," he added, quickly, as the young man made a movement as if to speak.

"Well, and suppose this other woman did exist, what then?" demanded Latimer. "The conditions you suggest are impossible; you must, you will surely, sir, admit that."

"I do not know," replied the bishop, sadly; "I do not know. It may happen that whatever obstacle there has been which has kept you from her may be removed. It may be that she has married, it may be that she has fallen so low that you cannot marry her. But if you have loved her once, you may love her again; whatever it was that separated you in the past, that separates you now, that makes you prefer my daughter to her, may come to an end when you are married, when it will be too late, and when only trouble can come of it, and Ellen would bear that trouble. Can I risk that?"

"But I tell you it is impossible," cried the young man. "The woman is beyond the love of any man, at least such a man as I am, or try to be."

"Do you mean," asked the bishop, gently, and with an eager look of hope, "that she is dead?"

Latimer faced the father for some seconds in silence. Then he raised his head slowly. "No," he said, "I do not mean she is dead. No, she is not dead."

Again the bishop moved back wearily into his chair. "You mean then," he said, "perhaps, that she is a married woman?" Latimer pressed his lips together at first as though he would not answer, and then raised his eyes coldly. "Perhaps," he said.

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The Exiles and Other StoriesChapter II (2)

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