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- The Right of Way, Volume 1. - 4/13 -


snatched from the busy world by a brutal hand that we should heed to-day, but the awful responsibility of that thing we call the State, which, having the power of life and death without gainsay or hindrance, should prove to the last inch of necessity its right to take a human life. And the right and the reason should bring conviction to every honest human mind. That is all I have to say."

The crown attorney made a perfunctory reply. The judge's charge was brief, and, if anything, a little in favour of the prisoner--very little, a casuist's little; and the jury filed out of the room. They were gone but ten minutes. When they returned, the verdict was given: "Not guilty, your Honour!"

Then it was that a woman laughed in the gallery. Then a whispering voice said across the railing which separated the public from the lawyers: "Charley! Charley!"

Though Charley turned and looked at the lady who spoke, he made no response.

A few minutes later, outside the court, as he walked quickly away, again inscrutable and debonair, the prisoner, Joseph Nadeau, touched him on the arm and said:

"M'sieu', M'sieu', you have saved my life--I thank you, M'sieu'!"

Charley Steele drew his arm away with disgust. "Get out of my sight! You're as guilty as hell!" he said.

CHAPTER II

WHAT CAME OF THE TRIAL

"When this is over, Kathleen, I will come to you." So Charley Steele's eyes had said to a lady in the court room on that last day of the great trial. The lady had left the court-room dazed and exalted. She, with hundreds of others, had had a revelation of Charley Steele; had had also the great emotional experience of seeing a crowd make the 'volte face' with their convictions; looking at a prisoner one moment with eyes of loathing and anticipating his gruesome end, the next moment seeing him as the possible martyr to the machinery of the law. She whose heart was used to beat so evenly had felt it leap and swell with excitement, awaiting the moment when the jury filed back into the court-room. Then it stood still, as a wave might hang for an instant at its crest ere it swept down to beat upon the shore.

With her as with most present, the deepest feeling in the agitated suspense was not so much that the prisoner should go free, as that the prisoner's counsel should win his case. It was as if Charley Steele were on trial instead of the prisoner. He was the imminent figure; it was his fate that was in the balance--such was the antic irony of suggestion. And the truth was, that the fates of both prisoner and counsel had been weighed in the balance that sweltering August day.

The prisoner was forgotten almost as soon as he had left the court-room a free man, but wherever men and women met in Montreal that day, one name was on the lips of all-Charley Steele! In his speech he had done two things: he had thrown down every barrier of reserve--or so it seemed-- and had become human and intimate. "I could not have believed it of him," was the remark on every lip. Of his ability there never had been a moment's doubt, but it had ever been an uncomfortable ability, it had tortured foes and made friends anxious. No one had ever seen him show feeling. If it was a mask, he had worn it with a curious consistency: it had been with him as a child, at school, at college, and he had brought it back again to the town where he was born. It had effectually prevented his being popular, but it had made him--with his foppishness and his originality--an object of perpetual interest. Few men had ventured to cross swords with him. He left his fellow-citizens very much alone. He was uniformly if distantly courteous, and he was respected in his own profession for his uncommon powers and for an utter indifference as to whether he had cases in court or not.

Coming from the judge's chambers after the trial he went to his office, receiving as he passed congratulations more effusively offered than, as people presently found, his manner warranted.

For he was again the formal, masked Charley Steele, looking calmly through the interrogative eye-glass. By the time he reached his office, greetings became more subdued. His prestige had increased immensely in a few short hours, but he had no more friends than before. Old relations were soon re-established. The town was proud of his ability as it had always been, irritated by his manner as it had always been, more prophetic of his future than it had ever been, and unconsciously grateful for the fact that he had given them a sensation which would outlast the summer.

All these things concerned him little. Once the business of the court- room was over, a thought which had quietly lain in waiting behind the strenuous occupations of his brain leaped forward to exclude all others.

As he entered his office he was thinking of that girl's face in the court-room, with its flush of added beauty which he and his speech had brought there. "What a perfect loveliness!" he said to himself as he bathed his face and hands, and prepared to go into the street again. "She needed just such a flush to make her supreme Kathleen!" He stood, looking out into the square, out into the green of the trees where the birds twittered. "Faultless--faultless in form and feature. She was so as a child, she is so as a woman." He lighted a cigarette, and blew away little clouds of smoke. "I will do it. I will marry her. She will have me: I saw it in her eye. Fairing doesn't matter. Her uncle will never consent to that, and she doesn't care enough for him. She cares, but she doesn't care enough. . . . I will do it."

He turned towards a cupboard into which he had put a certain bottle before he went to the court-room two hours before. He put the key in the lock, then stopped. "No, I think not!" he said. "What I say to her shall not be said forensically. What a discovery I've made! I was dull, blank, all iron and ice; the judge, the jury, the public, even Kathleen, against me; and then that bottle in there--and I saw things like crystal! I had a glow in my brain, I had a tingle in my fingers; and I had success, and"--his face clouded--"He was as guilty as hell!" he added, almost bitterly, as he put the key of the cupboard into his pocket again.

There was a knock at the door, and a youth of about nineteen entered.

"Hello!" he said. "I say, sir, but that speech of yours struck us all where we couldn't say no. Even Kathleen got in a glow over it. Perhaps Captain Fairing didn't, for he's just left her in a huff, and she's looking--you remember those lines in the school-book:

"'A red spot burned upon her cheek, Streamed her rich tresses down--'"

He laughed gaily. "I've come to ask you up to tea," he added. "The Unclekins is there. When I told him that Kathleen had sent Fairing away with a flea in his ear, he nearly fell off his chair. He lent me twenty dollars on the spot. Are you coming our way?" he continued, suddenly trying to imitate Charley's manner. Charley nodded, and they left the office together and moved away under a long avenue of maples to where, in the shade of a high hill, was the house of the uncle of Kathleen Wantage, with whom she and her brother Billy lived. They walked in silence for some time, and at last Billy said, 'a propos' of nothing:

"Fairing hasn't a red cent."

"You have a perambulating mind, Billy," said Charley, and bowed to a young clergyman approaching them from the opposite direction.

"What does that mean?" remarked Billy, and said "Hello!" to the young clergyman, and did not wait for Charley's answer.

The Rev. John Brown was by no means a conventional parson. He was smoking a cigarette, and two dogs followed at his heels. He was certainly not a fogy. He had more than a little admiration for Charley Steele, but he found it difficult to preach when Charley was in the congregation. He was always aware of a subterranean and half-pitying criticism going on in the barrister's mind. John Brown knew that he could never match his intelligence against Charley's, in spite of the theological course at Durham, so he undertook to scotch the snake by kindness. He thought that he might be able to do this, because Charley, who was known to be frankly agnostical, came to his church more or less regularly.

The Rev. John Brown was not indifferent to what men thought of him. He had a reputation for being "independent," but his chief independence consisted in dressing a little like a layman, posing as the athletic parson of the new school, consorting with ministers of the dissenting denominations when it was sufficiently effective, and being a "good fellow" with men easily bored by church and churchmen. He preached theatrical sermons to societies and benevolent associations. He wanted to be thought well of on all hands, and he was shrewd enough to know that if he trimmed between ritualism on one hand and evangelicism on the other, he was on a safe road. He might perforate old dogmatical prejudices with a good deal of freedom so long as he did not begin bringing "millinery" into the service of the church. He invested his own personal habits with the millinery. He looked a picturesque figure with his blond moustache, a little silk-lined brown cloak thrown carelessly over his shoulder, a gold-headed cane, and a brisk jacket half ecclesiastical, half military.

He had interested Charley Steele, also he had amused him, and sometimes he had surprised him into a sort of admiration; for Brown had a temperament capable of little inspirations--such a literary inspiration as might come to a second-rate actor--and Charley never belittled any man's ability, but seized upon every sign of knowledge with the appreciation of the epicure.

John Brown raised his hat to Charley, then held out a hand. "Masterly- masterly!" he said. "Permit my congratulations. It was the one thing to do. You couldn't have saved him by making him an object of pity, by appealing to our sympathies."

"What do you take to be the secret, then?" asked Charley, with a look half abstracted, half quizzical. "Terror--sheer terror. You startled the conscience. You made defects in the circumstantial evidence, the imminent problems of our own salvation. You put us all on trial. We were under the lash of fear. If we parsons could only do that from the pulpit!"

"We will discuss that on our shooting-trip next week. Duck-shooting gives plenty of time for theological asides. You are coming, eh?"

John Brown scarcely noticed the sarcasm, he was so delighted at the suggestion that he was to be included in the annual duck-shoot of the Seven, as the little yearly party of Charley and his friends to Lake Aubergine was called. He had angled for this invitation for two years.


The Right of Way, Volume 1. - 4/13

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