"I haven't very good news for you," she answered regretfully. "He's confessed to me—told me everything—why he shot him and where he bought the pistol. He's a brave boy, though! It's a sad case! But what can you do with people who believe themselves justified in doing things like that?"

She did not notice Detective Eddie Conroy, of the D.A.'s office, standing behind an adjacent pillar, ostentatiously lighting a cigar; nor see him smile as he slowly walked away.

"Talk about luck!" exulted O'Brien, the yellow dog of the district attorney's office, an hour later to his chief. "What do you think, boss? Eddie Conroy heard Miss Beekman telling old man Tutt over in the Tombs that O'Connell had confessed to her! Say, how's that? Some evidence—what?"

"What good will that do us?" asked Peckham, glancing up with a scowl from his desk. "She won't testify for us."

"But she'll have to testify if we call her, won't she?" demanded his assistant.

The district attorney drummed on the polished surface before him.

"We—ell, I suppose so," he admitted hesitatingly. "But you can't just subpoena a woman like that without any warning and put her on the stand and make her testify. It would be too rough!"

"It's the only way to do it!" retorted O'Brien with a sly grin. "If she knew in advance that we were thinking of calling her she'd beat it out of town."

"That's true," agreed his chief. "That's as far as she'd go, too, in defying the law. But I don't much like it. Those Beekmans have a lot of influence, and if she got sore she could make us a heap of trouble! Besides it's sort of a scaly trick making her give up on him like that."

O'Brien raised his brows.

"Scaly trick! He's a murderer, isn't he? And he'll get off if we don't call her. It's a matter of duty, as I see it."

"All the same, my son, your suggestion has a rotten smell to it. We may have to do it—I don't say we won't—but it's risky business!" replied Peckham dubiously.

"It's a good deal less risky than not doing it, so far as your candidacy next autumn is concerned!" retorted his assistant. "We won't let her suspect what we're goin' to do; and the last minute I'll call her to the stand and cinch the case! She won't even know who called her! Perhaps I can arrange with Judge Babson to call her on some other point and then pretend to sort of stumble onto the fact of the confession and examine her himself. That would let us out. I can smear it over somehow."

"You'd better," commented Peckham, "unless you want a howl from the papers! It would make quite a story if Miss Althea Beekman got on the rampage. She could have your scalp, my boy, if she wanted it!"

"And McGurk could have yours!" retorted O'Brien with the impudence born of knowledge.

The prosecution of Shane O'Connell, which otherwise might have slowly languished and languishing died, took on new life owing to the evidence thus innocently delivered into the hands of the district attorney; in fact it became a cause célèbre. The essential elements to convict were now all there—the corpus delicti, evidence of threats on the part of the defendant, of motive, of opportunity, and—his confession. The law which provides that the statement of an accused "is not sufficient to warrant his conviction without additional proof that the crime charged has been committed" would be abundantly satisfied—though without his confession there would have been no proof whatever that the crime charged had been committed by him.

Thus, without her knowing it, Miss Beekman was an essential witness and, in fact, the pivot upon which the entire case turned.

The day of the great sporting event came. With it arrived in full panoply the McGurks, their relatives and followers. All Cherry Hill seemed to have packed itself into Part I of the Supreme Court. There was an atmosphere somehow suggestive of the races or a prize fight. But it was a sporting event which savored of a sure thing—really more like a hanging. They were there to make holiday over the law's revenge for the killing of the darling of the Pearl Button Kids. Peckham personally assured McGurk that everything was copper-fastened.

"He's halfway up the river already!" he said jocularly.

And McGurk, swelling with importance and emotion, pulled a couple of cigars from his pocket and the two smoked the pipe of peace.

But the reader is not particularly concerned with the progress of the trial, for he has already attended many. It is enough to say that a jury with undershot jaws, who had proved by previous experience their indifference to capital punishment and to all human sympathy, were finally selected and that the witnesses were duly called, and testified to the usual facts, while the Pearl Button Kids and the rest, spitting surreptitiously beneath the benches, eagerly drank in every word. There was nothing for Mr. Tutt to do; nothing for him to deny. The case built itself up, brick by brick. And Shane O'Connell sat there unemotionally, hardly listening. There was nothing in the evidence to reflect in any way upon the honor of the O'Connells in general or in particular. He had done that which that honor demanded and he was ready to pay the penalty—if the law could get him. He assumed that it would get him. So did the Tutts.

But when toward the end of the third day nothing had yet been brought forward to connect him with the crime Tutt leaned over and whispered to Mr. Tutt, "D'ye know, I'm beginning to have a hunch there isn't any case!"

Mr. Tutt made an imperceptible gesture of assent.

"Looks that way," he answered out of the corner of his mouth. "Probably they'll spring the connecting evidence at the end and give us the coup de grâce."

At that moment a police witness was released from the stand and O'Brien stepped to the bench and whispered something to the judge, who glanced at the clock and nodded. It was twenty minutes of four, and the jury were already getting restless, for the trial had developed into a humdrum, cut-and-dried affair.

Miss Beekman sitting far back in the rear of the court room suddenly heard O'Brien call her name, and a quiver of apprehension passed through her body. She had never testified in any legal proceeding, and the idea of getting up before such a crowd of people and answering questions filled her with dismay. It was so public! Still, if it was going to help O'Connell—

"Althea Beekman," bellowed Cap. Phelan, "to the witness chair!"

Althea Beekman! The gentle lady felt as if she had been rudely stripped of all her protective clothing. Althea! Did not the law do her the courtesy of calling her even "Miss"? Nerving herself to the performance of her duty she falteringly made her way between the crowded benches, past the reporters' table, and round back of the jury box. The judge, apparently a pleasant-faced, rather elderly man, bowed gravely to her, indicated where she should sit and administered the oath to her himself, subtly dwelling upon the phrase "the whole truth," and raising his eyes heavenward as he solemnly pronounced the words "so help you God!"

"I do!" declared Miss Beekman primly but decidedly.

Behind her upon the court-room wall towered in its flowing draperies the majestic figure of the Goddess of the Law, blindfolded and holding aloft the scales of justice. Beside her sat in the silken robes of his sacred office a judge who cleverly administered that law to advance his own interests and those of his political associates. In front of her, treacherously smiling, stood the cynical, bullet-headed O'Brien. At a great distance Mr. Tutt leaned on his elbows at a table beside Shane O'Connell. To them she directed her gaze and faintly smiled.

"Miss Beekman," began O'Brien as courteously as he knew how, "you reside, do you not, at Number 1000 Fifth Avenue, in this city and county?"

"I do," she answered with resolution.

"Your family have always lived in New York, have they not?"

"Since 1630," she replied deprecatingly and with more confidence.

"You are prominent in various philanthropic, religious and civic activities?"

"Not prominent; interested," she corrected him.

"And you make a practise of visiting prisoners in the Tombs?"

She hesitated. What could this be leading to?

"Occasionally," she admitted.

"Do you know this defendant, Shane O'Connell?"

"Yes."

"Did you see him on the twenty-third day of last month?"

"I think so—if that was the day."

"What day do you refer to?"

"The day I had the talk with him."

"Oh, you had a talk with him?"

"Yes."

"Where did you have that talk with him?"

"In the counsel room of the Tombs."

O'Brien paused. Even his miserable soul revolted at what he was about to do.

"What did he say?" he asked, nervously looking away.

Something in his hangdog look warned Miss Beekman that she was being betrayed, but before she could answer Mr. Tutt was on his feet.

"One moment!" he cried. "May I ask a preliminary question?"

The court signified acquiescence.

"Was that conversation which you had with the defendant a confidential one?"

"I object to the question!" snapped O'Brien. "The law recognizes no confidential communications as privileged except those made to a priest, a physician or an attorney. The witness is none of these. The question is immaterial and irrelevant."

"That is the law," announced the judge, "but under all the circumstances I will permit the witness to answer."

Miss Beekman paused.

"Why," she began, "of course it was confidential, Mr. Tutt. O'Connell wouldn't have told me anything if he had supposed for one moment I was going to repeat what he said. Besides, I suggested that I might be able to help him. Yes, certainly our talk was confidential."

"I am sorry," gloated O'Brien, "but I shall have to ask you what it was."

"That is not a question," said Mr. Tutt calmly.

"What did the defendant say to you in the counsel room of the Tombs on the twenty-third of last month?" cautiously revised O'Brien.

"I object!" thundered Mr. Tutt, his form towering until seemingly it matched that of the blind goddess in height. "I object to the answer as requiring a breach of confidence which the law could not tolerate."

Judge Babson turned politely to Miss Beekman.

"I regret very much that I shall be obliged to ask you to state what the defendant said to you. You will recall that you yourself volunteered the information that you had had the talk in question. Otherwise"—he coughed and put up his hand—"we might possibly never have learned of it. A defendant cannot deprive the people of the right to prove what he may have divulged respecting his offense merely by claiming that it was in confidence. Public policy could never allow that. It may be unpleasant for you to answer the question but I must ask you to do so."

"But," she protested, "you certainly cannot expect me to betray a confidence! I asked O'Connell to tell me what he had done so that I could help him—and he trusted me!"

"But you are not responsible for the law! He took his chance!" admonished the judge.

Slowly Miss Althea's indignation rose as she perceived the dastardly trick which O'Brien had played upon her. Already she suspected that the judge was only masquerading in the clothing of a gentleman. With a white face she turned to Mr. Tutt.

"Does the law require me to answer, Mr. Tutt?" she inquired.

"Do not ask questions—answer them," ordered Babson brusquely, feeling the change in her manner. "You are a witness for the people—not the defendant."

"I am not a witness against O'Connell!" she declared. "This man"—indicating O'Brien scornfully—"has in some way found out that I—Oh, surely the law doesn't demand anything so base as that!"

There was silence. The wheels of justice hung on a dead center.

"Answer the question," remarked His Honor tartly.

All Miss Beekman's long line of ancestors turned in their graves. In her Beekman blood the chief justice, the ambassador, the great editor, the signer of the Declaration of Independence, stirred, awoke, rubbed their eyes and sternly reared themselves. And that blood—blue though it was instead of scarlet like the O'Connells'—boiled in her veins and burned through the delicate tissue of her cheeks.

"My conscience will not permit me to betray a confidence!" she cried angrily.

"I direct you to answer!" ordered the judge.

"I object to the court's threatening the witness!" interjected Mr. Tutt. "I wish it to appear upon the record that the manner of the court is most unjudicial and damaging to the defendant."

"Take your seat, sir!" barked Babson, his features swelling with anger. "Your language is contemptuous!"

The jury were leaning forward intently. Trained militiamen of the gibbet, they nevertheless admired this little woman's fearlessness and the old lawyer's pugnacity. On the rear wall the yellow face of the old self-regulating clock, that had gayly ticked so many men into the electric chair, leered shamelessly across at the blind goddess.

"Answer the question, madam! If, as you claim, you are a patriotic citizen of this commonwealth, having due respect for its institutions and for the statutes, you will not set up your own ideas of what the law ought to be in defiance of the law as it stands. I order you to answer! If you do not I shall be obliged to take steps to compel you to do so."

In the dead silence that followed, the stones in the edifice of Miss Beekman's inherited complacency, with each beat of the clock, fell one by one to the ground until it was entirely demolished. Vainly she struggled to test her conscience by her loyalty to her country's laws. But the task was beyond her.

Tightly compressing her lips she sat silent in the chair, while the delighted reporters scribbled furious messages to their city editors that Miss Althea Beekman, one of the Four Hundred, was defying Judge Babson, and to rush up a camera man right off in a taxi, and to look her up in the morgue for a front-page story. O'Brien glanced uneasily at Babson. Possible defiance on the part of this usually unassuming lady had not entered into his calculations. The judge took a new tack.

"You probably do not fully understand the situation in which you are placed," he explained. "You are not responsible for the law. Neither are you responsible in any way for the consequences to this defendant, whatever they may be. The matter is entirely out of your hands. You are compelled to do as the court orders. As a law-abiding citizen you have no choice in the matter."

Miss Althea's modest intellect reeled, but she stood her ground, the ghost of the Signer at her elbow.

"I am sorry," she replied, "but my own self-respect will not allow me to answer."

"In that case," declared Babson, playing his trump card, "it will be my unpleasant duty to commit you for contempt."

There was a bustle of excitement about the reporters' table. Here was a story!

"Very well," answered Miss Beekman proudly. "Do as you see fit, and as your own duty and conscience demand."

The judge could not conceal his annoyance. The last thing in the world that he wished to do was to send Miss Althea to jail. But having threatened her he must carry out his threat or forever lose face.

"I will give the witness until tomorrow morning at half after ten o'clock to make up her mind what she will do," he announced after a hurried conference with O'Brien. "Adjourn court!"

Miss Beekman did not go to bed at all that night. Until a late hour she conferred in the secrecy of her Fifth Avenue library with her gray-haired solicitor, who, in some mysterious way, merely over the telephone, managed to induce the newspapers to omit any reference to his client's contemptuous conduct in their morning editions.

"There's no way out of it, my dear," he said finally as he took his leave—he was her father's cousin and very fond of her—"this judge has the power to send you to jail if he wants to—and dares to! It's an even chance whether he will dare to or not. It depends on whether he prefers to stand well with the McGurks or with the general public. Of course I respect your attitude, but really I think you are a little quixotic. Points of honor are too ephemeral to be debated in courts of justice. To do so would be to open the door to all kinds of abuses. Dishonest witnesses would constantly avail themselves of the opportunity to avoid giving evidence."

"Dishonest witnesses would probably lie in the first place!" she quavered.

"True! I quite overlooked that!" he smiled, gazing down at her in an avuncular manner. "But to-day the question isn't open. It is settled, whether we like it or not. No pledge of privacy, no oath of secrecy—can avail against demand in a court of justice. Even confessions obtained by fraud are admissible—though we might wish otherwise."

Miss Beekman shrugged her shoulders.

"Nothing you have said seems to me to alter the situation."

"Very well," he replied. "I guess that settles it. Knowing you and the Beekman breed! There's one thing I must say," he added as he stood in the doorway after bidding her good night—"that old fellow Tutt has behaved pretty well, leaving you entirely alone this way. I always had an idea he was a sort of shyster. Most attorneys of that class would have been sitting on your doorstep all the evening trying to persuade you to stick to your resolution not to give their client away, and to do the square thing. But he's done nothing of the sort. Rather decent on the whole!"

"Perhaps he recognizes a woman of honor when he sees one!" she retorted.

"Honor!" he muttered as he closed the door. "What crimes are sometimes committed in thy name!"

But on the steps he stopped and looked back affectionately at the library window.

"After all, Althea's a good sport!" he remarked to himself.

At or about the same moment a quite dissimilar conference was being held between Judge Babson and Assistant District Attorney O'Brien in the café of the Passamaquoddy Club.

"She'll cave!" declared O'Brien, draining his glass. "Holy Mike! No woman like her is going to stay in jail! Besides, if you don't commit her everybody will say that you were scared to—yielded to influence. You're in the right and it will be a big card for you to show that you aren't afraid of anybody!"

Babson pulled nervously on his cigar.

"Maybe that's so," he said, "but I don't much fancy an appellate court sustaining me on the law and at the same time roasting hell out of me as a man!"

"Oh, they won't do that!" protested O'Brien. "How could they? All they're interested in is the law!"

"I've known those fellows to do queer things sometimes," answered the learned judge. "And the Beekmans are pretty powerful people."

"Well, so are the McGurks!" warned O'Brien.

"Now, Miss Beekman," said Judge Babson most genially the next morning, after that lady had taken her seat in the witness chair and the jury had answered to their names, "I hope you feel differently to-day about giving your testimony. Don't you think that after all it would be more fitting if you answered the question?"

Miss Althea firmly compressed her lips.

"At least let me read you some of the law on the subject," continued His Honor patiently. "Originally many people, like yourself, had the mistaken idea that what they called their honor should be allowed to intervene between them and their duty. And even the courts sometimes so held. But that was long ago—in the sixteenth and seventeenth centuries. To-day the law wisely recognizes no such thing. Let me read you what Baron Hotham said, in Hill's Trial in 1777, respecting the testimony of a witness who very properly told the court what the accused had said to him. It is very clearly put:

"'The defendant certainly thought him his friend, and he'—the defendant—'therefore did disclose all this to him. Gentlemen, one has only to say further that if this point of honor was to be so sacred as that a man who comes by knowledge of this sort from an offender was not to be at liberty to disclose it the most atrocious criminals would every day escape punishment; and therefore it is that the wisdom of the law knows nothing of that point of honor.'"

Miss Beekman listened politely.

"I am sorry," she replied with dignity. "I shall not change my mind. I refuse to answer the question, and—and you can do whatever you like with me."

"Do you understand that you are in contempt of this court? Do you intend to show contempt for this court?" he demanded wrathfully.

"I do," answered Miss Althea. "I have contempt for this court."

A titter danced along the benches and some fool in the back of the room clapped his hands.

Judge Babson's face grew hard and his eyes narrowed to steel points.

"The witness stands committed for contempt," he announced bitingly. "I direct that she be confined in the city prison for thirty days and pay a fine of two hundred and fifty dollars. Madam, you will go with the officer."

Miss Althea rose while the ghost of the Signer encircled her with his arm.

Mr. Tutt was already upon his feet. He knew that the ghost of the Signer was there.

"May I ask the court if the witness, having been committed for the contemptuous conduct of which she is obviously guilty, may remain in your chambers until adjournment, in order that she may arrange her private affairs?"

"I will grant her that privilege," agreed Judge Babson with internal relief. "The request is quite reasonable. Captain Phelan, you may take the witness into my robing room and keep her there for the present."

With her small head erect, her narrow shoulders thrown back, and with a resolute step as befitted the descendant of a long line of ancestors Miss Althea passed behind the jury box and disappeared.

The twelve looked at one another dubiously. Both Babson and O'Brien seemed nervous and undecided.

"Well, call your next witness," remarked the judge finally.

"But I haven't any more witnesses!" growled O'Brien. "And you know it almighty well, you idiot!" he muttered under his breath.

"If that is the people's case I move for the defendant's immediate discharge," cried Mr. Tutt, jumping to his feet. "There is no evidence connecting him with the crime."

McGurk, furious, sprang toward the bar.

"See here! Wait a minute! Hold on, judge! I can get a hundred witnesses—"

"Sit down!" shouted one of the officers, thrusting him back. "Keep quiet!"

Babson looked at O'Brien and elevated his forehead. Then as O'Brien gave a shrug the judge turned to the expectant jury and said in apologetic tones:

"Gentlemen of the jury, where the people have failed to prove the defendant's guilt beyond a reasonable doubt it is the duty of the court to direct a verdict. In this case, though by inference the testimony points strongly toward the prisoner, there is no direct proof against him and I am accordingly constrained—much as I regret it—to instruct you to return a verdict of not guilty."

In the confusion which followed the rendition of the verdict a messenger entered breathlessly and forcing his way through the crowd delivered a folded paper to Mr. Tutt, who immediately rose and handed it to the clerk; and that official, having hurriedly perused it and pursed his lips in surprise, passed it over the top of the bench to the judge.

"What's this?" demanded Babson. "Don't bother me now with trifles!"

"But it's a writ of habeas corpus, Your Honor, signed by Judge Winthrop, requiring the warden to produce Miss Beekman in Part I of the Supreme Court, and returnable forthwith," whispered Mr. McGuire in an awe-stricken voice. "I can't disregard that, you know!"

"What!" cried Babson. "How on earth could he have issued a writ in this space of time? The thing's impossible!"

"If Your Honor please," urbanely explained Mr. Tutt, "as—having known Miss Beekman's father—I anticipated that the witness would pursue the course of conduct which, in fact, she has, I prepared the necessary papers early this morning and as soon as you ordered her into custody my partner, who was waiting in Judge Winthrop's chambers, presented them to His Honor, secured his signature and brought the writ here in a taxicab."

Nobody seemed to be any longer interested in O'Connell. The reporters had left their places and pushed their way into the inclosure before the dais. In the rear of the room O'Brien was vainly engaged in trying to placate the Pearl Button Kids, who were loudly swearing vengeance upon both him and Peckham. It was a scene as nearly turbulent as the old yellow clock had ever witnessed. Even the court officers abandoned any effort to maintain order and joined the excited group about Mr. Tutt before the bench.

"Does Your Honor desire that this matter be argued before the Supreme Court?" inquired Mr. Tutt suavely. "If so I will ask that the prisoner be paroled in my custody. Judge Winthrop is waiting."

Babson had turned pale. Facing a dozen newspapermen, pencils in hand, he quailed. To hell with "face." Why, if he went on any longer with the farce the papers would roast the life out of him. With an apology for a smile that was, in fact, a ghastly grin, he addressed himself to the waiting group of jurymen, lawyers and reporters.

"Of course, gentlemen," he said, "I never had any real intention of dealing harshly with Miss Beekman. Undoubtedly she acted quite honestly and according to her best lights. She is a very estimable member of society. It will be unnecessary, Mr. Tutt, for you to argue the writ before Judge Winthrop. The relator, Althea Beekman, is discharged."

"Thank you, Your Honor!" returned Mr. Tutt, bowing profoundly, and lowering an eyelid in the direction of the gentlemen of the press. "You are indeed a wise and upright judge!"

The wise and upright judge rose grandly and gathered his robes about the judicial legs.

"Good morning, gentlemen," he remarked from his altitude to the reporters.

"Good morning, judge," they replied in chorus. "May we say anything about the writ?"

Judge Babson paused momentarily in his flight.

"Oh! Perhaps you might as well let the whole thing go," he answered carelessly. "On the whole I think it better that you should."

As they fought their way out of the doorway Charley Still, of the Sun, grinned at "Deacon" Terry, of the Tribune, and jocosely inquired: "Say, Deac., did you ever think why one calls a judge 'Your Honor'?"

The Deacon momentarily removed his elbow from the abdomen of the gentleman beside him and replied sincerely though breathlessly, "No! You can search me!"

And "Cap." Phelan, who happened to be setting his watch at just that instant, affirms that he will make affidavit that the old yellow clock winked across the room at the Goddess of Justice, and that beneath her bandages she unmistakably smiled.