From Whose Bourne

CHAPTER IX

"Jane Morton!" cried Speed; "who is she?"

"She is, as you may remember, the girl who carried the coffee from Mrs. Brenton to monsieur."

"And are you sure she is the criminal?"

The great detective did not answer; he merely gave an expressive little French gesture, as though the question was not worth commenting upon.

"Why, what was her motive?" asked Speed.

For the first time in their acquaintance a shade of perplexity seemed to come over the enthusiastic face of the volatile Frenchman.

"You are what you call smart, you Chicago people," he said, "and you have in a moment struck the only point on which we are at a loss."

"My dear sir," returned Speed, "that is the point in the case. Motive is the first thing to look for, it seems to me. You said as much yourself. If you haven't succeeded in finding what motive Jane Morton had for poisoning her employer, it appears to me that very little has been accomplished."

"Ah, you say that before you know the particulars. I am certain we shall find the motive. What I know now is that Jane Morton is the one who put the poison in his cup of coffee."

"It would take a good deal of nerve to do that with twenty-six people around the table. You forget, my dear sir, that she had to pass the whole length of the table, after taking the cup, before giving it to Mr. Brenton."

"Half of the people had their backs to her, and the other half, I can assure you, were not looking at her. If the poison was ready, it was a very easy thing to slip it into a cup of coffee. There was ample time to do it, and that is how it was done."

"May I ask how you arrived at that conclusion?"

"Certainly, certainly, my dear sir. My detectives report that each one of the twenty-seven people they had to follow were shadowed night and day. But only two of them acted suspiciously. These two were Jane Morton and Stephen Roland. Stephen Roland's anxiety is accounted for by the fact that he is evidently in love with Mrs. Brenton. But the change in Jane Morton has been something terrible. She is suffering from the severest pangs of ineffectual remorse. She has not gone out again to service, but occupies a room in one of the poorer quarters of the city—a room that she never leaves except at night. Her whole actions show that she is afraid of the police—afraid of being tracked for her crime. She buys a newspaper every night, locks and bars the door on entering her room, and, with tears streaming from her eyes, reads every word of the criminal news. One night, when she went out to buy her paper, and what food she needed for the next day, she came unexpectedly upon a policeman at the corner. The man was not looking at her at all, nor for her, but she fled, running like a deer, doubling and turning through alleys and back streets until by a very roundabout road she reached her own room. There she locked herself in, and remained without food all next day rather than go out again. She flung herself terror-stricken on the bed, after her room door was bolted, and cried, 'Oh, why did I do it? why did I do it? I shall certainly be found out. If Mrs. Brenton is acquitted, they will be after me next day. I did it to make up to John what he had suffered, and yet if John knew it, he would never speak to me again.'"

"Who is John?" asked Speed.

"Ah, that," said the detective, "I do not know. When we find out who John is, then we shall find the motive for the crime."

"In that case, if I were you, I should try to find John as quickly as possible."

"Yes, my dear sir, that is exactly what should be done, and my detective is now endeavouring to discover the identity of John. He will possibly succeed in a few days. But there is another way of finding out who John is, and perhaps in that you can help me."

"What other way?"

"There is one man who undoubtedly knows who John is, and that is Mr. Brenton. Now, I thought that perhaps you, who know Brenton better than I do, would not mind asking him who John is."

"My dear sir," said Speed, "Brenton is no particular friend of mine, and I only know him well enough to feel that if there is any cross-examination to be done, I should prefer somebody else to do it."

"Why, you are not afraid of him, are you?" asked the detective.

"Afraid of him? Certainly not, but I tell you that Brenton is just a little touchy and apt to take offence. I have found him so on several occasions. Now, as you have practically taken charge of this case, why don't you go and see him?"

"I suppose I shall have to do that," said the Frenchman, "if you will not undertake it."

"No, I will not."

"You have no objection, have you, to going with me?"

"It is better for you to see Brenton alone. I do not think he would care to be cross-examined before witnesses, you know."

"Ah, then, good-bye; I shall find out from Mr. Brenton who John is."

"I am sure I wish you luck," replied Speed, as Lecocq took his departure.

Lecocq found Brenton and Ferris together. The cynical spirit seemed to have been rather sceptical about the accounts given him of the influence that Speed and Brenton, combined, had had upon the Chicago newspaper man. Yet he was interested in the case, and although he still maintained that no practical good would result, even if a channel of communication could be opened between the two states of existence, he had listened with his customary respect to what Brenton had to say.

"Ah," said Brenton, when he saw the Frenchman, "have you any news for me?"

"Yes, I have. I have news that I will exchange, but meanwhile I want some news from you."

"I have none to give you," answered Brenton.

"If you have not, will you undertake to answer any questions I shall ask you, and not take offence if the questions seem to be personal ones?"

"Certainly," said Brenton; "I shall be glad to answer anything as long as it has a bearing on the case."

"Very well, then, it has a very distinct bearing on the case. Do you remember the girl Jane Morton?"

"I remember her, of course, as one of the servants in our employ. I know very little about her, though."

"That is just what I wish to find out. Do you know anything about her?"

"No; she had been in our employ but a fortnight, I think, or perhaps it was a month. My wife attended to these details, of course. I knew the girl was there, that is all."

The Frenchman looked very dubious as Brenton said this, while the latter rather bridled up.

"You evidently do not believe me?" he cried.

Once more the detective gave his customary gesture, and said—

"Ah, pardon me, you are entirely mistaken. I have this to acquaint you with. Jane Morton is the one who murdered you. She did it, she says, partly for the sake of John, whoever he is, and partly out of revenge. Now, of course, you are the only man who can give me information as to the motive. That girl certainly had a motive, and I should like to find out what the motive was."

Brenton meditated for a few moments, and then suddenly brightened up.

"I remember, now, an incident which happened a week of two before Christmas, which may have a bearing on the case. One night I heard—or thought I heard—a movement downstairs, when I supposed everybody had retired. I took a revolver in my hand, and went cautiously down the stairs. Of course I had no light, because, if there was a burglar, I did not wish to make myself too conspicuous a mark. As I went along the hall leading to the kitchen, I saw there was a light inside; but as soon as they heard me coming the light was put out. When I reached the kitchen, I noticed a man trying to escape through the door that led to the coalshed. I fired at him twice, and he sank to the floor with a groan. I thought I had bagged a burglar sure, but it turned out to be nothing of the kind. He was merely a young man who had been rather late visiting one of the girls. I suspect now the girl he came to see was Jane Morton. As it was, the noise brought the two girls there, and I never investigated the matter or tried to find out which one it was that he had been visiting. They were both terror-stricken, and the young man himself was in a state of great fear. He thought for a moment that he had been killed. However, he was only shot in the leg, and I sent him to the house of a physician who keeps such patients as do not wish to go to the hospital. I did not care to have him go to the hospital, because I was afraid the newspapers would get hold of the incident, and make a sensation of it. The whole thing was accidental; the young fellow realized that, and so, I thought, did the girls; at least, I never noticed anything in their behaviour to show the contrary."

"What sort of a looking girl is Jane Morton?" asked Ferris.

"She is a tall brunette, with snapping black eyes."

"Ah, then, I remember her going into the room where you lay," said Ferris, "on Christmas morning. It struck me when she came out that she was very cool and self-possessed, and not at all surprised."

"All I can say," said Brenton, "is that I never noticed anything in her conduct like resentment at what had happened. I intended to give the young fellow a handsome compensation for his injury, but of course what occurred on Christmas Eve prevented that: I had really forgotten all about the circumstance, or I should have told you of it before."

"Then," said Lecocq, "the thing now is perfectly clear. That black-eyed vixen murdered you out of revenge."

CHAPTER X

It was evident to George Stratton that he would have no time before the trial came off in which to prove Stephen Roland the guilty person. Besides this, he was in a strange state of mind which he himself could not understand. The moment he sat down to think out a plan by which he could run down the man he was confident had committed the crime, a strange wavering of mind came over him. Something seemed to say to him that he was on the wrong track. This became so persistent that George was bewildered, and seriously questioned his own sanity. Whenever he sat alone in his own room, the doubts arose and a feeling that he was on the wrong scent took possession of him. This feeling became so strong at times that he looked up other clues, and at one time tried to find out the whereabouts of the servant girls who had been employed by the Brentons. Curiously enough, the moment he began this search, his mind seemed to become clearer and easier; and when that happened, the old belief in the guilt of Stephen Roland resumed its sway again. But the instant he tried to follow up what clues he had in that direction, he found himself baffled and assailed again by doubts, and so every effort he put forth appeared to be nullified. This state of mind was so unusual with him that he had serious thoughts of abandoning the whole case and going back to Chicago. He said to himself, "I am in love with this woman and I shall go crazy if I stay here any longer." Then he remembered the trust she appeared to have in his powers of ferreting out the mystery of the case, and this in turn encouraged him and urged him on.

All trace of the girls appeared to be lost. He hesitated to employ a Cincinnati detective, fearing that what he discovered would be given away to the Cincinnati press. Then he accused himself of disloyalty to Mrs. Brenton, in putting his newspaper duty before his duty to her. He was so torn by his conflicting ideas and emotions that at last he resolved to abandon the case altogether and return to Chicago. He packed up his valise and resolved to leave that night for big city, trial or no trial. He had described his symptoms to a prominent physician, and that physician told him that the case was driving him mad, and the best thing he could do was to leave at once for other scenes. He could do no good, and would perhaps end by going insane himself.

As George Stratton was packing his valise in his room, alone, as he thought, the following conversation was taking place beside him.

"It is no use," said Speed; "we are merely muddling him, and not doing any good. The only thing is to leave him alone. If he investigates the Roland part of the case he will soon find out for himself that he is on the wrong track; then he will take the right one."

"Yes," said Brenton; "but the case comes on in a few days. If anything is to be done, it must be done now."

"In that I do not agree with you," said Speed. "Perhaps everything will go all right at the trial, but even if it does not, there is still a certain amount of time. You see how we have spoiled things by interfering. Our first success with him has misled us. We thought we could do anything; we have really done worse than nothing, because all this valuable time has been lost. If he had been allowed to proceed in his own way he would have ferreted out the matter as far as Stephen Roland is concerned, and would have found that there was no cause for his suspicion. As it is he has done nothing. He still believes, if left alone, that Stephen Roland is the criminal. All our efforts to lead him to the residence of Jane Morton have been unavailing. Now, you see, he is on the eve of going back to Chicago."

"Well, then, let him go," said Brenton, despondently.

"With all my heart, say I," answered Speed; "but in any case let us leave him alone."

Before the train started that night Stratton said to himself that he was a new man. Richard was himself again. He was thoroughly convinced of the guilt of Stephen Roland, and wondered why he had allowed his mind to wander off the topic and waste time with other suspicions, for which he now saw there was no real excuse. He had not the time, he felt, to investigate the subject personally, but he flattered himself he knew exactly the man to put on Roland's track, and, instead of going himself to Chicago, he sent off the following despatch:—

"Meet me to-morrow morning, without fail, at the Gibson House. Answer."

Before midnight he had his answer, and next morning he met a man in whom he had the most implicit confidence, and who had, as he said, the rare and valuable gift of keeping his mouth shut.

"You see this portrait?" Stratton said, handing to the other a photograph of Stephen Roland. "Now, I do not know how many hundred chemist shops there are in Cincinnati, but I want you to get a list of them, and you must not omit the most obscure shop in town. I want you to visit every drug store there is in the city, show this photograph to the proprietor and the clerks, and find out if that man bought any chemicals during the week or two preceding Christmas. Find out what drugs he bought, and where he bought them, then bring the information to me."

"How much time do you give me on this, Mr. Stratton?" was the question.

"Whatever time you want. I wish the thing done thoroughly and completely, and, as you know, silence is golden in a case like this."

"Enough said," replied the other, and, buttoning the photograph in his inside pocket, he left the room.

There is no necessity of giving an elaborate report of the trial. Any one who has curiosity in the matter can find the full particulars from the files of any paper in the country. Mrs. Brenton was very pale as she sat in the prisoner's dock, but George Stratton thought he never saw any one look so beautiful. It seemed to him that any man in that crowded courtroom could tell in a moment that she was not guilty of the crime with which she was charged, and he looked at the jury of twelve supposedly good men, and wondered what they thought of it.

The defence claimed that it was not their place to show who committed the murder. That rested with the prosecution. The prosecution, Mr. Benham maintained, had signally failed to do this. However, in order to aid the prosecution, he was quite willing to show how Mr. Brenton came to his death. Then witnesses were called, who, to the astonishment of Mrs. Brenton, testified that her husband had all along had a tendency to insanity. It was proved conclusively that some of his ancestors had died in a lunatic asylum, and one was stated to have committed suicide. The defence produced certain books from Mr. Brenton's library, among them Forbes Winslow's volume on "The Mind and the Brain," to show that Brenton had studied the subject of suicide.

The judge's charge was very colourless. It amounted simply to this: If the jury thought the prosecution had shown Mrs. Brenton to have committed the crime, they were to bring in a verdict of guilty, and if they thought otherwise they were to acquit her; and so the jury retired.

As they left the court-room a certain gloom fell upon all those who were friendly to the fair prisoner.

Despite the great reputation of Benham and Brown, it was the thought of every one present that they had made a very poor defence. The prosecution, on the other hand, had been most ably conducted. It had been shown that Mrs. Brenton was chiefly to profit by her husband's death. The insurance fund alone would add seventy-five thousand dollars to the money she would control. A number of little points that Stratton had given no heed to had been magnified, and appeared then to have a great bearing on the case. For the first time, Stratton admitted to himself that the prosecution had made out a very strong case of circumstantial evidence. The defence, too, had been so deplorably weak that it added really to the strength of the prosecution. A great speech had been expected of Benham, but he did not rise to the occasion, and, as one who knew him said, Benham evidently believed his client guilty.

As the jury retired, every one in the court-room felt that there was little hope for the prisoner; and this feeling was intensified when, a few moments after, the announcement was made in court, just as the judge was preparing to leave the bench, that the jury had agreed on the verdict.

Stratton, in the stillness of the court-room, heard one lawyer whisper to another, "She's doomed."

There was intense silence as the jury slowly filed into their places, and the foreman stood up.

"Gentlemen of the jury," was the question, "have you agreed upon a verdict?"

"We have," answered the foreman.

"Do you find the prisoner guilty or not guilty?"

"Not guilty," was the clear answer.

At this there was first a moment of silence, and then a ripple of applause, promptly checked.

Mrs. Brenton was free.

CHAPTER XI

George Stratton sat in the court-room for a moment dazed, before he thought of the principal figure in the trial; then he rose to go to her side, but he found that Roland was there before him. He heard her say, "Get me a carriage quickly, and take me away from here."

So Stratton went back to his hotel to meet his Chicago detective. The latter had nothing to report. He told him the number of drug stores he had visited, but all without avail. No one had recognized the portrait.

"All right," said Stratton; "then you will just have to go ahead until you find somebody who does. It is, I believe, only a question of time and perseverance."

Next morning he arose late. He looked over the report of the trial in the morning paper, and then, turning to the leader page, read with rising indignation the following editorial:—

"THE BRENTON CASE.

"The decision of yesterday shows the glorious uncertainty that attends the finding of the average American jury. If such verdicts are to be rendered, we may as well blot out from the statute-book all punishment for all crimes in which the evidence is largely circumstantial. If ever a strong case was made out against a human being it was the case of the prosecution in the recent trial. If ever there was a case in which the defence was deplorably weak, although ably conducted, it was the case that was concluded yesterday. Should we, then, be prepared to say that circumstantial evidence will not be taken by an American jury as ground for the conviction of a murderer? The chances are that, if we draw this conclusion, we shall be entirely wrong. If a man stood in the dock, in the place of the handsome young woman who occupied it yesterday, he would to-day have been undoubtedly convicted of murder. The conclusion, then, to be arrived at seems to be that, unless there is the direct proof of murder against a pretty woman, it is absolutely impossible to get the average jury of men to convict her. It would seem that the sooner we get women on juries, especially where a woman is on trial, the better it will be for the cause of justice."

Then in other parts of the paper there were little items similar to this—

"If Mrs. Brenton did not poison her husband, then who did?"

That afternoon George Stratton paid a visit to Mrs. Brenton. He had hoped she had not seen the paper in question, but he hoped in vain. He found Mrs. Brenton far from elated with her acquittal.

"I would give everything I possess," she said, "to bring the culprit to justice."

After a talk on that momentous question, and when George Stratton held her hand and said good-bye, she asked him—

"When do you go to Chicago?"

"Madam," he said, "I leave for Chicago the moment I find out who poisoned William Brenton."

She answered sadly—

"You may remain a long time in Cincinnati."

"In some respects," said Stratton, "I like Cincinnati better than Chicago."

"You are the first Chicago man I ever heard say that," she replied.

"Ah, that was because they did not know Cincinnati as I do."

"I suppose you must have seen a great deal of the town, but I must confess that from now on I should be very glad if I never saw Cincinnati again. I would like to consult with you," she continued, "about the best way of solving this mystery. I have been thinking of engaging some of the best detectives I can get. I suppose New York would be the place."