The Marrow of Tradition

XXVI

THE DISCOMFORT OF ELLIS

Mr. Ellis was vaguely uncomfortable. In the first excitement following the discovery of the crime, he had given his bit of evidence, and had shared the universal indignation against the murderer. When public feeling took definite shape in the intention to lynch the prisoner, Ellis felt a sudden sense of responsibility growing upon himself. When he learned, an hour later, that it was proposed to burn the negro, his part in the affair assumed a still graver aspect; for his had been the final word to fix the prisoner's guilt.

Ellis did not believe in lynch law. He had argued against it, more than once, in private conversation, and had written several editorials against the practice, while in charge of the Morning Chronicle during Major Carteret's absence. A young man, however, and merely representing another, he had not set up as a reformer, taking rather the view that this summary method of punishing crime, with all its possibilities of error, to say nothing of the resulting disrespect of the law and contempt for the time-honored methods of establishing guilt, was a mere temporary symptom of the unrest caused by the unsettled relations of the two races at the South. There had never before been any special need for any vigorous opposition to lynch law, so far as the community was concerned, for there had not been a lynching in Wellington since Ellis had come there, eight years before, from a smaller town, to seek a place for himself in the world of action. Twenty years before, indeed, there had been wild doings, during the brief Ku-Klux outbreak, but that was before Ellis's time,—or at least when he was but a child. He had come of a Quaker family,—the modified Quakers of the South,—and while sharing in a general way the Southern prejudice against the negro, his prejudices had been tempered by the peaceful tenets of his father's sect. His father had been a Whig, and a non-slaveholder; and while he had gone with the South in the civil war so far as a man of peace could go, he had not done so for love of slavery.

As the day wore on, Ellis's personal responsibility for the intended auto-da-fé bore more heavily upon him. Suppose he had been wrong? He had seen the accused negro; he had recognized him by his clothes, his whiskers, his spectacles, and his walk; but he had also seen another man, who resembled Sandy so closely that but for the difference in their clothes, he was forced to acknowledge, he could not have told them apart. Had he not seen the first man, he would have sworn with even greater confidence that the second was Sandy. There had been, he recalled, about one of the men—he had not been then nor was he now able to tell which—something vaguely familiar, and yet seemingly discordant to whichever of the two it was, or, as it seemed to him now, to any man of that race. His mind reverted to the place where he had last seen Sandy, and then a sudden wave of illumination swept over him, and filled him with a thrill of horror. The cakewalk,—the dancing,—the speech,—they were not Sandy's at all, nor any negro's! It was a white man who had stood in the light of the street lamp, so that the casual passer-by might see and recognize in him old Mr. Delamere's servant. The scheme was a dastardly one, and worthy of a heart that was something worse than weak and vicious.

Ellis resolved that the negro should not, if he could prevent it, die for another's crime; but what proof had he himself to offer in support of his theory? Then again, if he denounced Tom Delamere as the murderer, it would involve, in all probability, the destruction of his own hopes with regard to Clara. Of course she could not marry Delamere after the disclosure,—the disgraceful episode at the club would have been enough to make that reasonably certain; it had put a nail in Delamere's coffin, but this crime had driven it in to the head and clinched it. On the other hand, would Miss Pemberton ever speak again to the man who had been the instrument of bringing disgrace upon the family? Spies, detectives, police officers, may be useful citizens, but they are rarely pleasant company for other people. We fee the executioner, but we do not touch his bloody hand. We might feel a certain tragic admiration for Brutus condemning his sons to death, but we would scarcely invite Brutus to dinner after the event. It would harrow our feelings too much.

Perhaps, thought Ellis, there might be a way out of the dilemma. It might be possible to save this innocent negro without, for the time being, involving Delamere. He believed that murder will out, but it need not be through his initiative. He determined to go to the jail and interview the prisoner, who might give such an account of himself as would establish his innocence beyond a doubt. If so, Ellis would exert himself to stem the tide of popular fury. If, as a last resort, he could save Sandy only by denouncing Delamere, he would do his duty, let it cost him what it might.

The gravity of his errand was not lessened by what he saw and heard on the way to the jail. The anger of the people was at a white heat. A white woman had been assaulted and murdered by a brutal negro. Neither advanced age, nor high social standing, had been able to protect her from the ferocity of a black savage. Her sex, which should have been her shield and buckler, had made her an easy mark for the villainy of a black brute. To take the time to try him would be a criminal waste of public money. To hang him would be too slight a punishment for so dastardly a crime. An example must be made.

Already the preparations were under way for the impending execution. A T-rail from the railroad yard had been procured, and men were burying it in the square before the jail. Others were bringing chains, and a load of pine wood was piled in convenient proximity. Some enterprising individual had begun the erection of seats from which, for a pecuniary consideration, the spectacle might be the more easily and comfortably viewed.

Ellis was stopped once or twice by persons of his acquaintance. From one he learned that the railroads would run excursions from the neighboring towns in order to bring spectators to the scene; from another that the burning was to take place early in the evening, so that the children might not be kept up beyond their usual bedtime. In one group that he passed he heard several young men discussing the question of which portions of the negro's body they would prefer for souvenirs. Ellis shuddered and hastened forward. Whatever was to be done must be done quickly, or it would be too late. He saw that already it would require a strong case in favor of the accused to overcome the popular verdict.

Going up the steps of the jail, he met Mr. Delamere, who was just coming out, after a fruitless interview with Sandy.

"Mr. Ellis," said the old gentleman, who seemed greatly agitated, "this is monstrous!"

"It is indeed, sir!" returned the younger man. "I mean to stop it if I can. The negro did not kill Mrs. Ochiltree."

Mr. Delamere looked at Ellis keenly, and, as Ellis recalled afterwards, there was death in his eyes. Unable to draw a syllable from Sandy, he had found his servant's silence more eloquent than words. Ellis felt a presentiment that this affair, however it might terminate, would be fatal to this fine old man, whom the city could ill spare, in spite of his age and infirmities.

"Mr. Ellis," asked Mr. Delamere, in a voice which trembled with ill-suppressed emotion, "do you know who killed her?"

Ellis felt a surging pity for his old friend; but every step that he had taken toward the jail had confirmed and strengthened his own resolution that this contemplated crime, which he dimly felt to be far more atrocious than that of which Sandy was accused, in that it involved a whole community rather than one vicious man, should be stopped at any cost. Deplorable enough had the negro been guilty, it became, in view of his certain innocence, an unspeakable horror, which for all time would cover the city with infamy. "Mr. Delamere," he replied, looking the elder man squarely in the eyes, "I think I do,—and I am very sorry."

"And who was it, Mr. Ellis?"

He put the question hopelessly, as though the answer were a foregone conclusion.

"I do not wish to say at present," replied Ellis, with a remorseful pang, "unless it becomes absolutely necessary, to save the negro's life. Accusations are dangerous,—as this case proves,—unless the proof, be certain."

For a moment it seemed as though Mr. Delamere would collapse upon the spot. Rallying almost instantly, however, he took the arm which Ellis involuntarily offered, and said with an effort:—

"Mr. Ellis, you are a gentleman whom it is an honor to know. If you have time, I wish you would go with me to my house,—I can hardly trust myself alone,—and thence to the Chronicle office. This thing shall be stopped, and you will help me stop it."

It required but a few minutes to cover the half mile that lay between the prison and Mr. Delamere's residence.

XXVII

THE VAGARIES OF THE HIGHER LAW

Mr. Delamere went immediately to his grandson's room, which he entered alone, closing and locking the door behind him. He had requested Ellis to wait in the carriage.

The bed had been made, and the room was apparently in perfect order. There was a bureau in the room, through which Mr. Delamere proceeded to look thoroughly. Finding one of the drawers locked, he tried it with a key of his own, and being unable to unlock it, took a poker from beside the stove and broke it ruthlessly open.

The contents served to confirm what he had heard concerning his grandson's character. Thrown together in disorderly confusion were bottles of wine and whiskey; soiled packs of cards; a dice-box with dice; a box of poker chips, several revolvers, and a number of photographs and paper-covered books at which the old gentleman merely glanced to ascertain their nature.

So far, while his suspicion had been strengthened, he had found nothing to confirm it. He searched the room more carefully, and found, in the wood-box by the small heating-stove which stood in the room, a torn and crumpled bit of paper. Stooping to pick this up, his eye caught a gleam of something yellow beneath the bureau, which lay directly in his line of vision.

First he smoothed out the paper. It was apparently the lower half of a label, or part of the cover of a small box, torn diagonally from corner to corner. From the business card at the bottom, which gave the name, of a firm of manufacturers of theatrical supplies in a Northern city, and from the letters remaining upon the upper and narrower half, the bit of paper had plainly formed part of the wrapper of a package of burnt cork.

Closing his fingers spasmodically over this damning piece of evidence, Mr. Delamere knelt painfully, and with the aid of his cane drew out from under the bureau the yellow object which, had attracted his attention. It was a five-dollar gold piece of a date back toward the beginning of the century.

To make assurance doubly sure, Mr. Delamere summoned the cook from the kitchen in the back yard. In answer to her master's questions, Sally averred that Mr. Tom had got up very early, had knocked at her window,—she slept in a room off the kitchen in the yard,—and had told her that she need not bother about breakfast for him, as he had had a cold bite from the pantry; that he was going hunting and fishing, and would be gone all day. According to Sally, Mr. Tom had come in about ten o'clock the night before. He had forgotten his night-key, Sandy was out, and she had admitted him with her own key. He had said that he was very tired and was going, immediately to bed.

Mr. Delamere seemed perplexed; the crime had been committed later in the evening than ten o'clock. The cook cleared up the mystery.

"I reckon he must 'a' be'n dead ti'ed, suh, fer I went back ter his room fifteen er twenty minutes after he come in fer ter fin' out w'at he wanted fer breakfus'; an' I knock' two or three times, rale ha'd, an' Mistuh Tom didn' wake up no mo' d'n de dead. He sho'ly had a good sleep, er he'd never 'a' got up so ea'ly."

"Thank you, Sally," said Mr. Delamere, when the woman had finished, "that will do."

"Will you be home ter suppah, suh?" asked the cook.

"Yes."

It was a matter of the supremest indifference to Mr. Delamere whether he should ever eat again, but he would not betray his feelings to a servant. In a few minutes he was driving rapidly with Ellis toward the office of the Morning Chronicle. Ellis could see that Mr. Delamere had discovered something of tragic import. Neither spoke. Ellis gave all his attention to the horses, and Mr. Delamere remained wrapped in his own sombre reflections.

When they reached the office, they were informed by Jerry that Major Carteret was engaged with General Belmont and Captain McBane. Mr. Delamere knocked peremptorily at the door of the inner office, which was opened by Carteret in person.

"Oh, it is you, Mr. Delamere."

"Carteret," exclaimed Mr. Delamere, "I must speak to you immediately, and alone."

"Excuse me a moment, gentlemen," said Carteret, turning to those within the room. "I'll be back in a moment—don't go away."

Ellis had left the room, closing the door behind him. Mr. Delamere and Carteret were quite alone.

"Carteret," declared the old gentleman, "this murder must not take place."

"'Murder' is a hard word," replied the editor, frowning slightly.

"It is the right word," rejoined Mr. Delamere, decidedly. "It would be a foul and most unnatural murder, for Sandy did not kill Mrs. Ochiltree."

Carteret with difficulty restrained a smile of pity. His old friend was very much excited, as the tremor in his voice gave proof. The criminal was his trusted servant, who had proved unworthy of confidence. No one could question Mr. Delamere's motives; but he was old, his judgment was no longer to be relied upon. It was a great pity that he should so excite and overstrain himself about a worthless negro, who had forfeited his life for a dastardly crime. Mr. Delamere had had two paralytic strokes, and a third might prove fatal. He must be dealt with gently.

"Mr. Delamere," he said, with patient tolerance, "I think you are deceived. There is but one sure way to stop this execution. If your servant is innocent, you must produce the real criminal. If the negro, with such overwhelming proofs against him, is not guilty, who is?"

"I will tell you who is," replied Mr. Delamere. "The murderer is,"—the words came with a note of anguish, as though torn from his very heart,—"the murderer is Tom Delamere, my own grandson!"

"Impossible, sir!" exclaimed Carteret, starting back involuntarily. "That could not be! The man was seen leaving the house, and he was black!"

"All cats are gray in the dark, Carteret; and, moreover, nothing is easier than for a white man to black his face. God alone knows how many crimes have been done in this guise! Tom Delamere, to get the money to pay his gambling debts, committed this foul murder, and then tried to fasten it upon as honest and faithful a soul as ever trod the earth."

Carteret, though at first overwhelmed by this announcement, perceived with quick intuition that it might easily be true. It was but a step from fraud to crime, and in Delamere's need of money there lay a palpable motive for robbery,—the murder may have been an afterthought. Delamere knew as much about the cedar chest as the negro could have known, and more.

But a white man must not be condemned without proof positive.

"What foundation is there, sir," he asked, "for this astounding charge?"

Mr. Delamere related all that had taken place since he had left Belleview a couple of hours before, and as he proceeded, step by step, every word carried conviction to Carteret. Tom Delamere's skill as a mimic and a negro impersonator was well known; he had himself laughed at more than one of his performances. There had been a powerful motive, and Mr. Delamere's discoveries had made clear the means. Tom's unusual departure, before breakfast, on a fishing expedition was a suspicious circumstance. There was a certain devilish ingenuity about the affair which he would hardly have expected of Tom Delamere, but for which the reason was clear enough. One might have thought that Tom would have been satisfied with merely blacking his face, and leaving to chance the identification of the negro who might be apprehended. He would hardly have implicated, out of pure malignity, his grandfather's old servant, who had been his own care-taker for many years. Here, however, Carteret could see where Tom's own desperate position operated to furnish a probable motive for the crime. The surest way to head off suspicion from himself was to direct it strongly toward some particular person, and this he had been able to do conclusively by his access to Sandy's clothes, his skill in making up to resemble him, and by the episode of the silk purse. By placing himself beyond reach during the next day, he would not be called upon to corroborate or deny any inculpating statements which Sandy might make, and in the very probable case that the crime should be summarily avenged, any such statements on Sandy's part would be regarded as mere desperate subterfuges of the murderer to save his own life. It was a bad affair.

"The case seems clear," said Carteret reluctantly but conclusively. "And now, what shall we do about it?"

"I want you to print a handbill," said Mr. Delamere, "and circulate it through the town, stating that Sandy Campbell is innocent and Tom Delamere guilty of this crime. If this is not done, I will go myself and declare it to all who will listen, and I will publicly disown the villain who is no more grandson of mine. There is no deeper sink of iniquity into which he could fall."

Carteret's thoughts were chasing one another tumultuously. There could be no doubt that the negro was innocent, from the present aspect of affairs, and he must not be lynched; but in what sort of position would the white people be placed, if Mr. Delamere carried out his Spartan purpose of making the true facts known? The white people of the city had raised the issue of their own superior morality, and had themselves made this crime a race question. The success of the impending "revolution," for which he and his confrères had labored so long, depended in large measure upon the maintenance of their race prestige, which would be injured in the eyes of the world by such a fiasco. While they might yet win by sheer force, their cause would suffer in the court of morals, where they might stand convicted as pirates, instead of being applauded as patriots. Even the negroes would have the laugh on them,—the people whom they hoped to make approve and justify their own despoilment. To be laughed at by the negroes was a calamity only less terrible than failure or death.

Such an outcome of an event which had already been heralded to the four corners of the earth would throw a cloud of suspicion upon the stories of outrage which had gone up from the South for so many years, and had done so much to win the sympathy of the North for the white South and to alienate it from the colored people. The reputation of the race was threatened. They must not lynch the negro, and yet, for the credit of the town, its aristocracy, and the race, the truth of this ghastly story must not see the light,—at least not yet.

"Mr. Delamere," he exclaimed, "I am shocked and humiliated. The negro must be saved, of course, but—consider the family honor."

"Tom is no longer a member of my family. I disown him. He has covered the family name—my name, sir—with infamy. We have no longer a family honor. I wish never to hear his name spoken again!"

For several minutes Carteret argued with his old friend. Then he went into the other room and consulted with General Belmont. As a result of these conferences, and of certain urgent messages sent out, within half an hour thirty or forty of the leading citizens of Wellington were gathered in the Morning Chronicle office. Several other curious persons, observing that there was something in the wind, and supposing correctly that it referred to the projected event of the evening, crowded in with those who had been invited.

Carteret was in another room, still arguing with Mr. Delamere. "It's a mere formality, sir," he was saying suavely, "accompanied by a mental reservation. We know the facts; but this must be done to justify us, in the eyes of the mob, in calling them off before they accomplish their purpose."

"Carteret," said the old man, in a voice eloquent of the struggle through which he had passed, "I would not perjure myself to prolong my own miserable existence another day, but God will forgive a sin committed to save another's life. Upon your head be it, Carteret, and not on mine!"

"Gentlemen," said Carteret, entering with Mr. Delamere the room where the men were gathered, and raising his hand for silence, "the people of Wellington were on the point of wreaking vengeance upon a negro who was supposed to have been guilty of a terrible crime. The white men of this city, impelled by the highest and holiest sentiments, were about to take steps to defend their hearthstones and maintain the purity and ascendency of their race. Your purpose sprung from hearts wounded in their tenderest susceptibilities."