<SPAN name="chap02"></SPAN>
<h3> CHAPTER II </h3>
<h3> THE EVIDENCE </h3>
<p>It did not seem possible that Mr. Dingley and father could be gone
longer than half an hour, but the hands of the clock went to nine and
then to ten before I heard them on the steps. I made a dash ahead of
Abby, and opened the door. "Did he get away?" The words flew off my
tongue before I could think. I knew it had been a dreadfully wrong
thing to say. "I mean the other man—is he dead?" I gasped. Father
had quickly closed the front door behind him, for there seemed to be
quite a crowd in the street, and there in the half dark I could see his
face, and Mr. Dingley's, only as palish spots in the gloom. The
thought came to me, "Of course he isn't going to tell me anything. He
is going to say it is nothing I ought to hear about, and that I must go
up-stairs."</p>
<p>"Ellie," he began—then he caught sight of Abby in the dining-room
door. He held out his hand to me. "Come into the study, Ellie, Mr.
Dingley wants to ask you a question."</p>
<p>It was all so unexpected and so startling to be called into the study
where only men went and only business was talked about; and to hear it
was Mr. Dingley, not father, who wished to ask me a question, that I
wanted to shrink away and escape from the very facts I had been so
anxious to know a few minutes before. But father held me by the hand,
and I had to drag my feet down the long dark passage that leads to the
study, hearing Mr. Dingley striding at my heels.</p>
<p>It was a small room, full of a great litter of papers, and smelling
faintly of tobacco and Russia leather. I sat down in the leather
armchair that was drawn up to the table. Just opposite me was a window
looking directly into the green branches of a weeping willow; and at
intervals the wind blew the leaves against the glass with a sound like
"Hush!" Up to that moment I had had no memory connected with that
room—only the general sense of awe it had given me as a child. But as
soon as I was in that chair, facing that window, hearing the "Hush,
hush," of the weeping leaves, in a quick distinct flash I saw myself, a
naughty child, sitting up in that chair, in anguish of mind over a
stolen jam pot, and my mother's face pulled to great gravity, no doubt
to keep from laughing at the sight of me. I seemed to hear her voice
again, "The truth, Ellie, remember nothing but good ever comes of the
truth."</p>
<p>It flitted through my mind as a little, sweet memory, having nothing to
do with what was happening at the moment, for the thought in my mind
was all, "What has become of the man with the revolver?"</p>
<p>Father had sat down opposite me on a corner of the table, but Mr.
Dingley walked to the fireplace, turned his back to it, put his hands
behind his coat-tails, buried his big chin deep in his collar, and in
just the same cheerful voice he used when he asked me how many hearts I
had broken, "Now, Miss Ellie," he said, "what makes you think that the
man who came second out of that door had a revolver in his hand?"</p>
<p>I looked at him in astonishment, his question seemed so silly. "Why,
because I saw it."</p>
<p>He gave his head a brisk shake. "Yes, but what makes you know you saw
it?"</p>
<p>"Because I heard it strike the ground." I was growing more and more
bewildered.</p>
<p>"You heard it strike the ground," Mr. Dingley repeated slowly, "but"—
Then with a sudden pouncing forward motion of his head and shoulders,
he shot the words at me, "I thought you said he had it in his hand."</p>
<p>"Yes," I stammered, "but that was before."</p>
<p>Mr. Dingley was watching me steadily.</p>
<p>"Now, Miss Ellie, aren't you a little confused on that point?"</p>
<p>I was indeed; but it was his manner that was doing it. He seemed to
snatch the words out of my mouth, and turn them into another meaning.
"But it was there! you saw it yourselves!" I appealed to him.</p>
<p>Father and Mr. Dingley glanced at each other, and a strange thought
came to me with a rush of relief. "Wasn't he dead, had he gone away,
didn't you find anything?"</p>
<p>The answering look of their faces made my heart go down like lead. "We
found everything as you told us except the revolver. There was no
revolver there."</p>
<p>I sat clutching the arms of the chair, staring hard at Mr. Dingley, who
seemed suddenly to have become a stranger to me. "Then some one must
have picked it up."</p>
<p>"But, Miss Ellie, you say that the street was absolutely deserted when
this thing occurred; and when I reached the spot there was a woman
looking out of a window, and some laborers running up from Sutter
Street, but no one had yet reached the place. Now, how could—"</p>
<p>Father struck in, "No, Jim, you'll only frighten her!" In a lower
voice he said something that sounded like, "Not on the stand yet."
Then, leaning toward me, across the table, resting on his elbow until
his face was level with my own, "I know you must have been much
frightened at what you saw, child, and it's possible you may have been
a little hysterical, isn't it? It's possible you might have fancied a
revolver in his hand, isn't it, when there was none there?"</p>
<p>He said this very slowly and gently, as if he were trying to soothe me,
but looking straight into his eyes I saw a sharp anxious light there,
and the conviction came to me that he very much wanted me to have been
mistaken. Mr. Dingley, from the fireplace, was watching me hard, as if
he were trying, with that incredulous look of his, to force it on me
that I must be mistaken. And then the thought floated through my mind
that in some way it would be better for that handsome, terrible man if
I could say I hadn't seen a revolver. I tried to make myself believe
that they were right; I shut my eyes. The picture came to me as if it
were before me still, and nothing in it was more clear than that thing
of steel and pearl. "I wasn't hysterical," I said, "I saw it plainly."</p>
<p>"Could you take your oath in court?" father said in a stern voice.</p>
<p>"Oh, yes."</p>
<p>Father dropped my hand and leaned back. He looked puzzled. Mr.
Dingley came close to him and said something so low that I couldn't
catch it. But father answered in his usual voice as if he had
forgotten I was there, "No, Jim, if she says so then she did—be sure
of that!" He listened again while Mr. Dingley murmured to him, and the
look of their faces, the lowered, hushed tones of their voices, made me
feel, more than words could have done, that they were talking about
something very serious. All the while Mr. Dingley was speaking father
slowly nodded. "I have no doubt you could, Jim," he said at last, "and
it's very good of you to offer, but we can't suppress evidence because
it happens—" He dropped his voice and I lost the last word.</p>
<p>Mr. Dingley looked silently down for a moment, and I thought he was
going to say something more, but finally he only, shrugged. "Well,
what time do you want to go down, then?" he said.</p>
<p>Father looked at his watch. "We might as well get this business over
as soon as possible. Ellie—" His voice sounded so sharply on my name
that I jumped up, all of a nervous tremble. "Go up-stairs and put on
your bonnet, I want you to come with me."</p>
<p>I felt that my voice was woefully unsteady.</p>
<p>"Won't you please tell me what is happening and where we are going?"</p>
<p>"Martin Rood has been shot; he is dead. A man has been arrested,
corresponding to your description, and we are going down to the prison
to see if you can identify him." I stared at father, and my only
feeling was one of vague, incredulous wonder. Martin Rood, the fine
sleek gentleman whom I had seen swinging out of his gambling-house in
the late afternoons—could that have been he, that huddled heap of
clothes in the gutter?</p>
<p>"Quickly, Ellie," father's voice reminded me. I went stumbling
up-stairs in a burning excitement. I think I had some wild notion of
locking myself into my room and defying the house, for the idea of
facing that terrible man with his wild terror-stricken face threw me
into a panic. But Abby screamed at me that I was treading on my ruffle
as I came up-stairs, and captured me; and I let her put another gown on
me and my turban and a heavy veil without lifting a finger to help her,
as if I had been a child. I knew father was waiting for me at the foot
of the stairs, and there was no escape, I must go down. When I got
into the hall I saw that Mr. Dingley's buggy was standing in front of
the house, though it was but a few blocks down Washington Street to the
prison on Kearney.</p>
<p>But we did not drive as I had expected straight down Washington, making
instead a detour of several blocks, and finally, by means of a little
alleyway, coming to the back door of the prison.</p>
<p>The only people in sight were a couple of policemen, but, Mr. Dingley
on one side and father on the other, fairly lifted me out by the arms,
and hurried me into the building, as if they were afraid of being
caught by some one. The first thing I was aware of was the cold gray
light falling on us from high overhead, and a faint sickly odor, very
faint but very penetrating, the like of which I had never breathed
before. We were standing in a flagged hall, looking up through a great
well, past gallery after gallery, to a skylight covering the top of the
roof. It was the sunshine filtering through the dull, thick, greenish
glass which gave that cold, sad-colored light. Within the galleries I
caught glimpses of men at work at desks; and over the railings lounged
figures, peered faces, disheveled, sodden, disreputable; and sometimes
near these a policeman's star twinkled. I saw it all in one upward
glance, for I was hurried on. Our steps clattered over the flags of
the hall, and then, turning to the right, we began to go down-stairs.
I took tighter hold on father's arm, for we seemed to be descending
into a dungeon. That sickly, acrid odor grew heavier, making me think
of caged animals, and yet, what made it worse, it wasn't quite like an
animal either.</p>
<p>The hall we came out into was smaller and darker than the one above it,
and empty except for a policeman standing by a door. To him Mr.
Dingley handed his card, and, after a few minutes, we were admitted to
a small office. It was divided in half by a railing; on the inner side
was a desk, at which a man with a star on his coat was writing under
the light of a green-shaded lamp. He came forward, opened a gate in
the railing for us to enter, shook hands with Mr. Dingley and father,
and then was introduced to me. His name did not reach me, but I
understood the words "Chief of Police." Then all three talked together
in low voices, while I sat where I had been bidden, in a chair close to
the railing. Once or twice the man with the star glanced at me, and
then, presently, they all looked at me, and I couldn't distinguish one
face from another. My head was whirling so with excitement I felt as
if I were living in a dream. Yet when the man with the star began
speaking I heard him with curious distinctness.</p>
<p>"All that is necessary for you to do, Miss Fenwick, is to tell me
whether you recognize the person you saw this morning."</p>
<p>I sat forward on the edge of my chair. I tried to draw a deep breath,
but the sickly atmosphere seemed choking me. There was the tread of
feet outside the door; it opened and two officers came in, stopping one
on each side of the doorway; and then, with a queer shock, I saw not
the one man I had expected, but a file of men, shuffling one behind the
other, and linked together by what seemed a long steel chain, from
wrist to wrist, into the seeming of a single thing. This thing halted
opposite the railing, and faced about before me, where it appeared to
me as a line of heads and moving arms and legs and shuffling feet. But
among them all I saw only one individual. It was absurd if they had
expected to confuse me with these other creatures. I saw him instantly
and I knew him past hope of mistaking. His clothes were all torn and
disordered; there was a cut on his forehead and a bloodstained bandage
showed on his wrist beneath his sleeve; and the bitter way he held his
head up and stared straight past me at the wall made him seem quite
grim and yet, somehow, very forlorn. A lump rose in my throat. I
heard the Chief of Police saying, "Is there any person here you
recognize?" I swallowed hard and opened my lips, but the only sound
that came was like a sob.</p>
<p>Quickly the prisoner turned his eyes on me. There crossed his face
again a look like the faint shadow of that look which had transfixed
me, as he burst out of the door. But in a moment it was gone, and he
smiled. Such a smile, so warm and kind, as if he were reassuring and
encouraging me to go on! It transformed him from a terrifying presence
into something beautiful. It made me forget the others and the room
and, curiously, in their place, came the confusing memory of a
ball-room and a slim boy with black brows whirling down the polished
floor with his splendid partner, both in a gale of laughter. Those
long white hands, now linked together with a chain,—hadn't I seen them
holding up a woman's filmy draperies?</p>
<p>"Speak, Ellie," my father's voice said. "Can't you tell us?"</p>
<p>It brought me back from my fancies with a great start, and before I
knew what I was saying I had stammered out, "Yes." The next moment I
realized they were all waiting, waiting for and looking at me; and it
seemed as if I could not go on with the truth. It was only the thought
that everything depended on me, and that, whatever I said, father would
believe it, that nerved me to get through with it.</p>
<p>"He is that one," I said, "the fourth from the end."</p>
<p>The Chief of Police looked at me sternly. "You are sure of that?"</p>
<p>"Quite sure." I was surprised at how steady; my voice had grown.</p>
<p>The Chief of Police said something in a lifted voice, the line of
prisoners filed out with one of the policemen, and left the man I had
pointed out alone in front of me. It was then I noticed how his hands
were awkwardly carried in front of him, held by two steel bands around
his wrists, with a chain like a bracelet-chain swinging between. The
sight of it affected me strangely. I had a new bracelet which also had
two bands with a chain between, but they were of gold, and both were
worn on the one hand.</p>
<p>The Chief of Police came and stood beside me, and said, "Look at this
person, Miss Fenwick;" and I had been looking at him all the time, as
if by doing that I could make him understand how terribly I wished I
had never seen him. "Can you take your oath—could you take your oath
in open court that he is the man?"</p>
<p>The Chief's voice sounded solemn, and those words "oath" and "open
court" made me feel frightened. But I saw he held up his hand, palm
out, and mechanically I held up mine. "Yes," I repeated after him, "I
can take my oath in open court." My voice sounded very loud to me, and
clear, and not at all like my own.</p>
<p>There was a pause, and now they were no longer looking at me, but at
the man standing alone in the middle of the room, as if the chain
between his wrists had made him different from them, as if he wasn't a
man at all, but a stone. Yet I couldn't look at him like that. He was
not at all dreadful to look at, only so alone and fiercely proud and
wretched looking that something ached inside of me just to see his face.</p>
<p>Then the Chief of Police nodded at the policeman and said, "That will
do." But before the man could move forward the prisoner had walked
straight up to the rail, and standing there scarcely two feet from me,
in such a low voice that only I could hear, "I am sorry I frightened
you this morning," he said. "If I had known you were passing I should
have managed it differently."</p>
<p>This all happened so quickly that I had hardly seen how dark his eyes
were before father thrust between us, and I heard his voice, sounding
very low, and saying something about infernal impudence and not
presuming to come near me. The policeman touched the dark man's elbow.
He started, half-turned on the man, made a movement with his hands; but
then he felt the jerk of the chain. The blood rushed to his face.
With the policeman holding his arm he walked away across the room, and
I wondered what sort of place he was being taken to. It wasn't until
the door had closed upon him that I realized how angry father was. Mr.
Dingley was saying that prisoners ought not to be permitted to speak
without permission, but the Chief leaned over his desk, smiling at me,
and asked, "What did the prisoner say to you?"</p>
<p>"He apologized for frightening me," I answered.</p>
<p>Still smiling, as if he were coaxing a child, "Exactly what words did
he use, Miss Fenwick?"</p>
<p>I could have repeated them exactly, but I hesitated, for the last words
he had let slip had sounded oddly in my mind—"If I had known you were
there I should have managed it differently." He seemed to make himself
so absolutely responsible for what had happened! And when I thought
how Mr. Dingley had twisted my words about I was afraid—afraid that if
I repeated the ones that this man had spoken they would somehow get
twisted into a meaning—perhaps not the true one—that would be bad for
him. I was so upset, I said, and so startled by the man's speaking to
me at all I hardly thought I could repeat them word for word.</p>
<p>Father put my coat around me and said, "I hope that is all," very
coldly.</p>
<p>"Yes," the Chief said, "except that this young lady must understand
that she is not to speak of what she saw this morning."</p>
<p>"Remember, Ellie," father said, "if your friends talk to you about it,
you have heard and seen nothing."</p>
<p>I murmured, "Of course," and followed father out of the prison with a
very strong conviction that nothing was real.</p>
<p>As we walked home again all the familiar surroundings seemed dreamlike
to me—the Plaza, with its high iron railing, and the shops facing upon
it, and our own green palm farther up the street, fluttering on the
sky. Father himself, so silent and walking on without ever turning his
head to look at me, seemed quite a different person from the father who
had gone with me the day before, merrily, to buy my bracelet. The
thought of the man with the dark eyes and the chain between his wrists
filled all my mind. Who could he be? The sense of warmth that had
come with his smile, and that very curious sensation I had had when he
had come up close to the bar and spoken to me, were with me yet. His
voice had been pleading and deferential, surely nothing in it to
resent. The memory of his face made me forget the chain between his
wrists; as if he himself had been greater than any of the people around
him.</p>
<p>We had reached our own door, but before father could put his key in the
lock, the door opened from within, and there in the hall stood Hallie
Ferguson, her new blue bonnet on one side, her face crimson with haste
and excitement.</p>
<p>"Oh, Ellie," she gasped, "have you heard? I've been waiting the
longest time for you. Isn't it awful? Johnny Montgomery has shot
Martin Rood, and they say it's about the Spanish Woman."</p>
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