Again there was a long moment of silence,
while Harry stood pawing at his mustache and while
Robert Fairchild sought to summon the strength to
do the thing which was before him. It had been
comparatively easy to make resolutions while there
still was hope. It was a far different matter
now. All the soddenness of the old days had come
back to him, ghosts which would not be driven away;
memories of a time when he was the grubbing, though
willing slave of a victim of fear,-of a
man whose life had been wrecked through terror of
the day when intruders would break their way through
the debris, and when the discovery would be made.
And it had remained for Robert Fairchild, the son,
to find the hidden secret, for him to come upon the
thing which had caused the agony of nearly thirty
years of suffering, for him to face the alternative
of again placing that gruesome find into hiding, or
to square his shoulders before the world and take
the consequences. Murder is not an easy word
to hear, whether it rests upon one’s own shoulders,
or upon the memory of a person beloved. And right
now Robert Fairchild felt himself sagging beneath
the weight of the accusation.
But there was no time to lose in making
his decision. Beside him stood Harry, silent,
morose. Before him,-Fairchild closed
his eyes in an attempt to shut out the sight of it.
But still it was there, the crumpled heap of tattered
clothing and human remains, the awry, heavy shoes
still shielding the fleshless bones of the feet.
He turned blindly, his hands groping before him.
“Harry,” he called, “Harry!
Get me out of here-I-can’t
stand it!”
Wordlessly the big man came to his
side. Wordlessly they made the trip back to
the hole in the cave-in and then followed the trail
of new-laid track to the shaft. Up-up-the
trip seemed endless as they jerked and pulled on the
weighted rope, that their shaft bucket might travel
to the surface. Then, at the mouth of the tunnel,
Robert Fairchild stood for a long time staring out
over the soft hills and the radiance of the snowy
range, far away. It gave him a new strength,
a new determination. The light, the sunshine,
the soft outlines of the scrub pines in the distance,
the freedom and openness of the mountains seemed to
instill into him a courage he could not feel down there
in the dampness and darkness of the tunnel.
His shoulders surged, as though to shake off a great
weight. His eyes brightened with resolution.
Then he turned to the faithful Harry, waiting in the
background.
“There’s no use trying
to evade anything, Harry. We ’ve got
to face the music. Will you go with me to notify
the coroner-or would you rather stay here?”
“I ’ll go.”
Silently they trudged into town and
to the little undertaking shop which also served as
the office of the coroner. They made their report,
then accompanied the officer, together with the sheriff,
back to the mine and into the drift. There once
more they clambered through the hole in the cave-in
and on toward the beginning of the stope. And
there they pointed out their discovery.
A wait for the remainder of that day,-a
day that seemed ages long, a day in which Robert Fairchild
found himself facing the editor of the Bugle,
and telling his story, Harry beside him. But
he told only what he had found, nothing of the past,
nothing of the white-haired man who had waited by
the window, cringing at the slightest sound on the
old, vine-clad veranda, nothing of the letter which
he had found in the dusty safe. Nothing was
asked regarding that; nothing could be gained by telling
it. In the heart of Robert Fairchild was the
conviction that somehow, some way, his father was
innocent, and in his brain was a determination to
fight for that innocence as long as it was humanly
possible. But gossip told what he did not.
There were those who remembered the
departure of Thornton Fairchild from Ohadi.
There were others who recollected perfectly that in
the center of the rig was a singing, maudlin man,
apparently “Sissie” Larsen. And
they asked questions. They cornered Harry, they
shot their queries at him one after another.
But Harry was adamant.
“I ain’t got anything to sye! And
there’s an end to it!”
Then, forcing his way past them, he
crossed the street and went up the worn steps to the
little office of Randolph P. Farrell, with his grinning
smile and his horn-rimmed glasses, there to tell what
he knew,-and to ask advice. And with
the information the happy-go-lucky look faded, while
Fairchild, entering behind Harry, heard a verdict
which momentarily seemed to stop his heart.
“It means, Harry, that you were
accessory to a crime-if this was a murder.
You knew that something had happened. You helped
without asking questions. And if it can be proved
a murder-well,” and he drummed on
his desk with the end of his pencil-“there
’s no statute of limitations when the end of
a human life is concerned!”
Only a moment Harry hesitated. Then:
“I ’ll tell the truth-if they
ask me.”
“When?” The lawyer was bending forward.
“At the inquest. Ain’t that what
you call it?”
“You’ll tell nothing.
Understand? You’ll tell nothing, other
than that you, with Robert Fairchild, found that skeleton.
An inquest is n’t a trial. And that can’t
come without knowledge and evidence that this man
was murdered. So, remember-you tell
the coroner’s jury that you found this body
and nothing more!”
“But-”
“It’s a case for the grand
jury after that, to study the findings of the coroner’s
jury and to sift out what evidence comes to it.”
“You mean-”
This time it was Fairchild cutting in-“that
if the coroner’s jury cannot find evidence that
this man was murdered, or something more than mere
supposition to base a charge on-there ’ll
be no trouble for Harry?”
“It’s very improbable.
So tell what happened on this day of this year of
our Lord and nothing more! You people almost
had me scared myself for a minute. Now, get
out of here and let a legal light shine without any
more clouds for a few minutes.”
They departed then and traveled down
the stairs with far more spring in their step than
when they had entered. Late that night, as they
were engaged at their usual occupation of relating
the varied happenings of the day to Mother Howard,
there came a knock at the door. Instinctively,
Fairchild bent toward her:
“Your name ’s out of this-as
long as possible.”
She smiled in her mothering, knowing
way. Then she opened the door, there to find
a deputy from the sheriff’s office.
“They ’ve impaneled
a jury up at the courthouse,” he announced.
“The coroner wants Mr. Fairchild and Mr. Harkins
to come up there and tell what they know about this
here skeleton they found.”
It was the expected. The two
men went forth, to find the street about the courthouse
thronged, for already the news of the finding of the
skeleton had traveled far, even into the little mining
camps which skirted the town. It was a mystery
of years long agone, and as such it fascinated and
lured, in far greater measure perhaps, than some murder
of a present day. Everywhere were black crowds
under the faint street lamps. The basement of
the courthouse was illuminated; and there were clusters
of curious persons about the stairways. Through
the throngs started Harry and Fairchild, only to be
drawn aside by Farrell, the attorney.
“I ’m not going to take
a part in this unless I have to,” he told them.
“It will look better for you if it is n’t
necessary for me to make an appearance. Whatever
you do,” and he addressed Harry, “say nothing
about what you were telling me this afternoon.
In the first place, you yourself have no actual knowledge
of what happened. How do you know but what Thornton
Fairchild was attacked by this man and forced to kill
in self-defense? It’s a penitentiary offense
for a man to strike another, without sufficient justification,
beneath ground. And had Sissie Larsen even so
much as slapped Thornton Fairchild, that man would
have been perfectly justified in killing him to protect
himself. I ’m simply telling you that so
that you will have no qualms in keeping concealed
facts which, at this time, have no bearing. Guide
yourselves accordingly-and as I say, I
will be there only as a spectator, unless events should
necessitate something else.”
They promised and went on, somewhat
calmer in mind, to edge their way to the steps and
to enter the basement of the courthouse. The
coroner and his jury, composed of six miners picked
up haphazard along the street-according
to the custom of coroners in general-were
already present. So was every person who possibly
could cram through the doors of the big room.
To them all Fairchild paid little attention,-all
but three.
They were on a back seat in the long
courtroom,-Squint Rodaine and his son,
chalkier, yet blacker than ever, while between them
sat an old woman with white hair which straggled about
her cheeks, a woman with deep-set eyes, whose hands
wandered now and then vaguely before her; a wrinkled
woman, fidgeting about on her seat, watching with craned
neck those who stuffed their way within the already
crammed room, her eyes never still, her lips moving
constantly, as though mumbling some never-ending rote.
Fairchild stared at her, then turned to Harry.
“Who ’s that with the Rodaines?”
Harry looked furtively. “Crazy Laura-his
wife.”
“But-”
“And she ain’t ’ere for anything
good!”
Harry’s voice bore a tone of
nervousness. “Squint Rodaine don’t
even recognize ’er on the street-much
less appear in company with ’er. Something’s
’appening!”
“But what could she testify to?”
“’Ow should I know?”
Harry said it almost petulantly. “I did
n’t even know she-”
“Oyez, oyez, oyez!” It
was the bailiff, using a regular district-court introduction
of the fact that an inquest was about to be held.
The crowded room sighed and settled. The windows
became frames for human faces, staring from without.
The coroner stepped forward.
“We are gathered here to-night
to inquire into the death of a man supposed to be
L. A. Larsen, commonly called ‘Sissie’,
whose skeleton was found to-day in the Blue Poppy
mine. What this inquest will bring forth, I
do not know, but as sworn and true members of the coroner’s
jury, I charge and command you in the great name of
the sovereign State of Colorado, to do your full duty
in arriving at your verdict.”
The jury, half risen from its chair,
some with their left hands held high above them, some
with their right, swore in mumbling tones to do their
duty, whatever that might be. The coroner surveyed
the assemblage.
“First witness,” he called out; “Harry
Harkins!”
Harry went forward, clumsily seeking
the witness chair. A moment later he had been
sworn, and in five minutes more, he was back beside
Fairchild, staring in a relieved manner about him.
He had been questioned regarding nothing more than
the mere finding of the body, the identification by
means of the watch, and the notification of the coroner.
Fairchild was called, to suffer no more from the queries
of the investigator than Harry. There was a
pause. It seemed that the inquest was over.
A few people began to move toward the door-only
to halt. The coroner’s voice had sounded
again:
“Mrs. Laura Rodaine!”
Prodded to her feet by the squint-eyed
man beside her, she rose, and laughing in silly fashion,
stumbled to the aisle, her straying hair, her ragged
clothing, her big shoes and shuffling gait all blending
with the wild, eerie look of her eyes, the constant
munching of the almost toothless mouth. Again
she laughed, in a vacant, embarrassed manner, as she
reached the stand and held up her hand for the administration
of the oath. Fairchild leaned close to his partner.
“At least she knows enough for that.”
Harry nodded.
“She knows a lot, that olé
girl. They say she writes down in a book
everything she does every day. But what can she
be ’ere to testify to?”
The answer seemed to come in the questioning voice
of the coroner.
“Your name, please?”
“Laura Rodaine. Least,
that’s the name I go by. My real maiden
name is Laura Masterson, and-”
“Rodaine will be sufficient. Your age?”
“I think it’s sixty-four. If I had
my book I could tell. I-”
“Your book?”
“Yes, I keep everything in a
book. But it is n’t here. I could
n’t bring it.”
“The guess will be sufficient
in this case. You ’ve lived here a
good many years, Mrs. Rodaine?”
“Yes. Around thirty-five.
Let’s see-yes, I ’m sure it’s
thirty-five. My boy was born here-he
’s about thirty and we came here five years
before that.”
“I believe you told me to-night
that you have a habit of wandering around the hills?”
“Yes, I ’ve done
that-I do it right along-I ’ve
done it ever since my husband and I split up-that
was just a little while after the boy was born-”
“Sufficient. I merely
wanted to establish that fact. In wandering
about, did you ever see anything, twenty-three or four
years ago or so, that would lead you to believe you
know something about the death of this man whose demise
we are inquiring?”
The big hand of Harry caught at Fairchild’s
arm. The old woman had raised her head, craning
her neck and allowing her mouth to fall open, as she
strove for words. At last:
“I know something. I know
a lot. But I ’ve never figured it
was anybody’s business but my own. So
I have n’t told it. But I remember-”
“What, Mrs. Rodaine?”
“The day Sissie Larsen was supposed
to leave town-that was the day he got killed.”
“Do you remember the date?”
“No-I don’t remember that.”
“Would it be in your book?”
She seemed to become suddenly excited.
She half rose in her chair and looked down the line
of benches to where her husband sat, the scar showing
plainly in the rather brilliant light, his eyes narrowed
until they were nearly closed. Again the question,
and again a moment of nervousness before she answered:
“No-no-it would n’t
be in my book. I looked.”
“But you remember?”
“Just like as if it was yesterday.”
“And what you saw-did it give you
any idea-”
“I know what I saw.”
“And did it lead to any conclusion?”
“Yes.”
“What, may I ask?”
“That somebody had been murdered!”
“Who-and by whom?”
Crazy Laura munched at her toothless
gums for a moment and looked again toward her husband.
Then, her watery, almost colorless eyes searching,
she began a survey of the big room, looking intently
from one figure to another. On and on-finally
to reach the spot where stood Robert Fairchild and
Harry, and there they stopped. A lean finger,
knotted by rheumatism, darkened by sun and wind, stretched
out.
“Yes, I know who did it, and
I know who got killed. It was ‘Sissie’
Larsen-he was murdered. The man who
did it was a fellow named Thornton Fairchild who owned
the mine-if I ain’t mistaken, he was
the father of this young man-”
“I object!” Farrell,
the attorney, was on his feet and struggling forward,
jamming his horn-rimmed glasses into a pocket as he
did so. “This has ceased to be an inquest;
it has resolved itself into some sort of an inquisition!”
“I fail to see why.” The coroner
had stepped down and was facing him.
“Why? Why-you
’re inquiring into a death that happened more
than twenty years ago-and you ’re
basing that inquiry upon the word of a woman who is
not legally able to give testimony in any kind of a
court or on any kind of a case! It’s not
judicial, it’s not within the confines of a
legitimate, honorable practice, and it certainly is
not just to stain the name of any man with the crime
of murder upon the word of an insane person, especially
when that man is dead and unable to defend himself!”
“Are n’t you presuming?”
“I certainly am not. Have
you any further evidence upon the lines that she is
going to give?”
“Not directly.”
“Then I demand that all the
testimony which this woman has given be stricken out
and the jury instructed to disregard it.”
The official smiled.
“I think otherwise. Besides,
this is merely a coroner’s inquest and not a
court action. The jury is entitled to all the
evidence that has any bearing on the case.”
“But this woman is crazy!”
“Has she ever been adjudged
so, or committed to any asylum for the insane?”
“No-but nevertheless,
there are a hundred persons in this court room who
will testify to the fact that she is mentally unbalanced
and not a fit person to fasten a crime upon any man’s
head by her testimony. And referring even to
yourself, Coroner, have you within the last twenty-five
years, in fact, since a short time after the birth
of her son, called her anything else but Crazy Laura?
Has any one else in this town called her any other
name? Man, I appeal to your-”
“What you say may be true.
It may not. I don’t know. I only
am sure of one thing-that a person is sane
in the eyes of the law until adjudged otherwise.
Therefore, her evidence at this time is perfectly
legal and proper.”
“It won’t be as soon as
I can bring an action before a lunacy court and cause
her examination by a board of alienists.”
“That’s something for
the future. In that case, things might be different.
But I can only follow the law, with the members of
the jury instructed, of course, to accept the evidence
for what they deem it is worth. You will proceed,
Mrs. Rodaine. What did you see that caused you
to come to this conclusion?”
“Can’t you even stick
to the rules and ethics of testimony?” It was
the final plea of the defeated Farrell. The coroner
eyed him slowly.
“Mr. Farrell,” came his
answer, “I must confess to a deviation from
regular court procedure in this inquiry. It is
customary in an inquest of this character; certain
departures from the usual rules must be made that
the truth and the whole truth be learned. Proceed,
Mrs. Rodaine, what was it you saw?”
Transfixed, horrified, Fairchild watched
the mumbling, munching mouth, the staring eyes and
straying white hair, the bony, crooked hands as they
weaved before her. From those toothless jaws
a story was about to come, true or untrue, a story
that would stain the name of his father with murder!
And that story now was at its beginning.
“I saw them together that afternoon
early,” the old woman was saying. “I
came up the road just behind them, and they were fussing.
Both of ’em acted like they were mad at each
other, but Fairchild seemed to be the maddest.
“I did n’t pay much attention
to them because I just thought they were fighting
about some little thing and that it wouldn’t
amount to much. I went on up the gulch-I
was gathering flowers. After awhile, the earth
shook and I heard a big explosion, from way down underneath
me-like thunder when it’s far away.
Then, pretty soon, I saw Fairchild come rushing out
of the mine, and his hands were all bloody. He
ran to the creek and washed them, looking around to
see if anybody was watching him-but he
did n’t notice me. Then when he ’d
washed the blood from his hands, he got up on the
road and went down into town. Later on, I thought
I saw all three of ’em leave town, Fairchild,
Sissie and a fellow named Harkins. So I never
paid any more attention to it until to-day.
That’s all I know.”
She stepped down then and went back
to her seat with Squint Rodaine and the son, fidgeting
there again, craning her neck as before, while Fairchild,
son of a man just accused of murder, watched her with
eyes fascinated from horror. The coroner looked
at a slip of paper in his hand.
“William Barton,” he called.
A miner came forward, to go through the usual formalities,
and then to be asked the question:
“Did you see Thornton Fairchild
on the night he left Ohadi?”
“Yes, a lot of us saw him.
He drove out of town with Harry Harkins, and a fellow
who we all thought was Sissie Larsen. The person
we believed to be Sissie was singing like the Swede
did when he was drunk.”
“That’s all. Mr.
Harkins, will you please take the stand again?”
“I object!” again it was
Farrell. “In the first place, if this crazy
woman’s story is the result of a distorted imagination,
then Mr. Harkins can add nothing to it. If it
is not, Mr. Harkins is cloaked by the protection of
the law which fully applies to such cases and which,
Mr. Coroner, you cannot deny.”
The coroner nodded.
“I agree with you this time,
Mr. Farrell. I wish to work no hardship on any
one. If Mrs. Rodaine’s story is true, this
is a matter for a special session of the grand jury.
If it is not true-well, then there has
been a miscarriage of justice and it is a matter to
be rectified in the future. But at the present,
there is no way of determining that matter.
Gentlemen of the jury,” he turned his back on
the crowded room and faced the small, worried appearing
group on the row of kitchen chairs, “you have
heard the evidence. You will find a room at the
right in which to conduct your deliberations.
Your first official act will be to select a foreman
and then to attempt to determine from the evidence
as submitted the cause of death of the corpse over
whom this inquest has been held. You will now
retire.”
Shuffling forms faded through the
door at the right. Then followed long moments
of waiting, in which Robert Fairchild’s eyes
went to the floor, in which he strove to avoid the
gaze of every one in the crowded court room.
He knew what they were thinking, that his father had
been a murderer, and that he-well, that
he was blood of his father’s blood. He
could hear the buzzing of tongues, the shifting of
the court room on the unstable chairs, and he knew
fingers were pointing at him. For once in his
life he had not the strength to face his fellow men.
A quarter of an hour-a knock on the door-then
the six men clattered forth again, to hand a piece
of paper to the coroner. And he, adjusting his
glasses, turned to the court room and read:
“We, the jury, find that the
deceased came to his death from injuries sustained
at the hands of Thornton Fairchild, in or about the
month of June, 1892.”
That was all, but it was enough.
The stain had been placed; the thing which the white-haired
man who had sat by a window back in Indianapolis had
feared all his life had come after death. And
it was as though he were living again in the body
of his son, his son who now stood beside the big form
of Harry, striving to force his eyes upward and finally
succeeding,-standing there facing the morbid,
staring crowd as they turned and jostled that they
might look at him, the son of a murderer!
How long it lasted he did not, could
not know. The moments were dazed, bleared things
which consisted to him only of a succession of eyes,
of persons who pointed him out, who seemed to edge
away from him as they passed him. It seemed
hours before the court room cleared. Then, the
attorney at one side, Harry at the other, he started
out of the court room.
The crowd still was on the street,
milling, circling, dividing into little groups to
discuss the verdict. Through them shot scrambling
forms of newsboys, seeking, in imitation of metropolitan
methods, to enhance the circulation of the Bugle
with an edition of a paper already hours old.
Dazedly, simply for the sake of something to take
his mind from the throngs and the gossip about him,
Fairchild bought a paper and stepped to the light
to glance over the first page. There, emblazoned
under the “Extra” heading, was the story
of the finding of the skeleton in the Blue Poppy mine,
while beside it was something which caused Robert
Fairchild to almost forget, for the moment, the horrors
of the ordeal which he was undergoing. It was
a paragraph leading the “personal” column
of the small, amateurish sheet, announcing the engagement
of Miss Anita Natalie Richmond to Mr. Maurice Rodaine,
the wedding to come “probably in the late fall!”