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Evelyn Byrd

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XII
SAFE-CONDUCT OF TWO KINDS

AS Early was slowly making his way back into the valley of Virginia – fighting wherever there was a force to be fought – there came a messenger to Owen Kilgariff one night a little before midnight. He bore a slip of paper on which these words were written: —

Come to me quickly. I am mortally wounded, and it is very necessary for me to see you before I die – not for my sake, for you’d rejoice to see me in hell, but for the sake of others and for your own sake – though for yourself you don’t often care much. I’m in a farm-house hospital three miles south of Harper’s Ferry on the Martinsburg road. My messenger will guide you. The Federals have possession, of course, but the bearer of this note has a safe-conduct for you. Of course, this might be a trick, but it is not. On the word of a gambler (and you know what that means) I am playing fair this time. You are a brave enough man to risk this thing anyhow. Come!

This note bore no signature, but Owen Kilgariff knew the hand that had written it. That handwriting had sent him to jail once upon a time. He had not forgotten. He was not given to forgetting.

He summoned the messenger who had brought him the note.

“You have a safe-conduct for me, I believe?” he asked.

“Yes, Captain,” and he produced the document.

“How did you manage to pass our picket lines? Did you come under a flag of truce?”

“No. That would have taken time, and there is no time to be wasted. Major Campbell is terribly wounded. I live in these parts. I ain’t a soldier, you know. So I slipped through the lines.”

For a moment Kilgariff regarded the fellow with indignant contempt. Then the indignation passed, and the contempt was intensified in his expression. Presently he said: —

“You low-lived, contemptible hound, I can’t make up my mind even to be angry with you. You and your kind are the pest in this war. You haven’t character enough to take sides. You serve either side at will, and betray both with jaunty indifference. Now listen to me. Within twenty-four hours I shall see Major Campbell, who sent me this note. But I shall not go to him under the safe-conduct you have brought.”

With that, Kilgariff tore the paper to bits and scattered its fragments to the night wind.

“I shall order you sent to the guard-house and manacled, until General Early shall have decided what to do with you. He doesn’t like your sort.”

The man fell at once into panic and pleaded for his life.

“Oh, what will become of me?” he piteously moaned.

“I really don’t know,” answered Kilgariff, quite as if the question had related to the disposition to be made of some inanimate object. “General Early may have you shot at sunrise, or he may decide to hang you instead. I don’t at all know, and after all it makes no real difference. The one death is about as painless as the other, and as for the matter of disgrace, of course you are hopelessly incapable of considering that. Perhaps – oh, well, I don’t know. General Early may conclude to turn you loose as a creature too contemptible to be seriously dealt with.”

“God grant that he may!” said the man, with fervour, as the guards took him away.

A minute later Kilgariff mounted his horse, Wyanoke – a special gift from Dorothy – and rode hurriedly to General Early’s headquarters; it was after midnight, but with this army sleeplessly “on service” very little attention was given to hours, either of the day or of the night. So, after a moment’s parley with a sentinel, Kilgariff was conducted to General Early’s presence, under a tree.

It was not Kilgariff’s habit to grow excited. He had passed through too much for that, he thought. But on this occasion his perturbation of spirit was so great that he had difficulty in enunciating his words.

“General,” he said, “I want a little cavalry force, if you please. I want to capture one of the enemy’s hospitals and hold it long enough for me to have a talk with the most infamous scoundrel who ever lived.”

“Calm yourself, Captain,” said Early. “Have a little apple brandy as a tonic. Your nerves are shaken.”

Kilgariff declined the stimulant, but at Early’s earnest solicitation he sat down upon a stump, and presently so far commanded his own spirit as to go on with what he had to say.

“One of those contemptible border wretches got himself smuggled through our lines to-night. I don’t know how. He brought me a note from the most infamous scoundrel I ever knew, together with a safe-conduct under which I could sneak into the enemy’s lines and talk with the fellow, who is mortally wounded. I tore up the safe-conduct and sent the emissary to the guard-house with the comfortable assurance that his case would be submitted to you, and that you would pretty certainly order him shot or hanged according to the gravity with which you might regard his offence. I hope you’ll let him go. He is so poor-spirited a cur that he will suffer a thousand deaths to-night in dreading one for to-morrow. However, that isn’t what I want to speak with you about. I want a cavalry force of a company or two. I want to raid that hospital before morning and talk with that rascal in the interest of others whose fate he may hold in his hands.”

“Do you plan to kill him?”

“Of course not. He is wounded unto death. And besides – well, General, he isn’t of our class.”

“I quite understand – not a man you could ‘call out.’”

“Distinctly not – although he has a major’s commission.”

“Oh – if you want a colonel’s or a brigadier-general’s, you shall have it,” broke in Early, full of the enthusiasm of fight.

“No, General,” answered Kilgariff, with an amused smile; “I have always found it possible to fight anybody I pleased without raising the question of rank. You know, a private, if he is a man of good family, may slap a major-general’s jaws in our army, in full certainty that his escapade will bring a challenge rather than a citation before a court-martial. No. I want to talk with this man before he dies. He sent me a safe-conduct, as I have already said. That was a gracious permission from the Federal authorities for me to see him. I have a very pronounced prejudice against the acceptance of gracious permissions from the Federal authorities. So I have come to ask for a squadron of cavalry, to which I will add a couple of guns, in order that I may capture that post, enter its hospital, and have my talk with its inmate without anybody’s permission but yours, General.”

The humour of the situation appealed strongly to Early, as it did also to Major Irby of the Virginia Cavalry, who was sitting near by. That officer was a man of few words, but he carried an unusually alert sabre, and his sense of humour was uncommonly keen.

“If you don’t mind, General,” he said, in his quiet fashion, “I should like to ‘sit in’ the captain’s game.”

“Do it!” said Early. “Take three companies and two of Kilgariff’s guns, and let him show the fellow that he carries his own safe-conduct at his back.”

Things were done promptly and quickly in those stirring times, and five minutes after Early had spoken his words of permission, Major Irby moved at the head of three companies of cavalry and two of Kilgariff’s guns – the two so recently captured from the enemy, and selected now by way of emphasising the jest.

A dash, a scurry, and every picket post south of Harper’s Ferry was swept out of sight.

XIII
KILGARIFF HEARS NEWS

AS soon as Major Irby had possessed himself of the hospital and the region round about, he gave orders to throw out pickets a mile or so in every direction, in order to guard against surprise. He posted Kilgariff’s guns on a little hill, where their fire could sweep all of the roads over which an advance of the enemy was possible. Then he ordered the officer of the guard to post a strong line of sentinels around the house itself, which served as hospital, and to send a corporal’s guard into the building with orders to dispose themselves as Kilgariff might direct.

Kilgariff, who had stripped the chevrons off his sleeves, and sewed a captain’s three bars on his collar in obedience to General Early’s order, immediately entered the house and made his way to the separate room in which Campbell’s cot had been placed. Kilgariff turned to the corporal of the guard, and commanded: —

“Place two sentinels in that outer room. Order them to see to it that there is no eavesdropping. You understand?”

“Perfectly, Captain.”

There is this advantage about military over other arrangements, that they can be absolutely depended upon. The sentinel who has “orders” is an autocrat in their execution. He has no discretion. He enters into no argument. He parleys with nobody, whatever that somebody’s rank may be. He simply commands, “Halt”; and if the one advancing takes one other step, the sentinel fires a death shot at short range and with absolutely certain aim. Killing, on the part of a sentinel whose command of “Halt” is disregarded, is not only no crime in military law – it is a virtue, a simple discharge of peremptory duty. And the sentinel himself, if ordered to stand twenty feet away from a door, stands there, not encroaching upon the distance by so much as a foot, under pain of punishment “in the discretion of a court-martial,” as the military law phrases it.

So, when Kilgariff entered the room in which the man who had ruined his life lay wounded, in answer to that man’s summons, he knew that his conversation would be neither interrupted nor overheard in any word or syllable of it. The absoluteness of military law and practice forbade that, even as a possibility.

Kilgariff advanced to the man’s bedside, took his seat upon a camp stool, and without the remotest suggestion of a greeting in his voice or manner, abruptly said: —

 

“I am here. What do you want?”

“I was sure you would come,” answered the man; “the safe-conduct – ”

“I tore that up the moment I received it,” answered Kilgariff.

“But why? It was valid.”

“For any other officer in our army, yes,” answered Kilgariff; “but not for me, as you very well know. Anyhow, I preferred to come under the safe-conduct of Southern carbines and cannon and sabres. Never mind that. Go on. What do you want?”

The man winced and groaned with pain as he turned himself a little on his cot in order to face his interlocutor. Presently he said: —

“I’m shot through the groin with a canister ball. It is a wound unto death, I suppose.”

“Yes? Well? What else? I did not come to ask after your health.”

“Of course not. I mention my condition only as a man who flings a card upon the table at a critical moment exclaims, ‘That’s a trump.’ You see, the things I want to say to you are in the nature of an ante-mortem statement, and I want you to understand that, so that you may believe all I have to tell you.”

“I understand,” said Kilgariff. “You are precisely the sort of man, who, after lying and cheating all his life, would tell the truth in a dying statement, if only by way of cheating the Day of Judgment and playing stacked cards on the Almighty. Go on.”

But before the man could speak again, Kilgariff added: —

“As a still further stimulus to truth-telling on your part, let me make a few suggestions. You are completely in my power. If I choose, I can have you taken hence to General Early and introduce you to him as a man who accepted a commission in the Confederate Army and then deserted to the other side and deceived the authorities there into giving him a commission to fight the cause he had solemnly sworn to support. You know what would happen in such a case.”

“Yes, I know. There’d be a drumhead court-martial, and I’d be hanged at daybreak. But hear me, Kilgariff. I’m a gambler, as you know, not in one way, but in all ways. And I know how to be a good loser. I’ve drawn a very bad hand this time, but I’ve called the game; and if I’m hanged for it, I shall not whine about my luck. Whenever I die, and however I die, I’ll die game. So you can’t intimidate me. But before I die, there are certain things I want to tell you – for the sake of the others. For although I have no moral principles and don’t profess any, there are some things I want to tell you about – ”

“Go on. Tell me about my brother.”

“That wasn’t what I wanted to talk about first. Besides, you know most of the story.”

“Never mind that. I want to hear it all from your lips. Much of it I never understood. Tell it all and quickly.”

“Well, your brother’s a fool, you know.”

“Yes, I know. Otherwise – never mind that. Tell me the whole story. How far was my brother a sharer in your guilt? How far did he consent to my wrecking? Why did he join you for my destruction, after all I had done for him?”

“It’s very hard to say. Opinions differ, and standards of morality – ”

“Damn opinions and standards! – especially yours. I want the facts – all of them, to the last detail. Go on, and don’t waste time.”

“Well, your brother is a fool, as I said before, though in the end he did ‘make his jack’ and win a pot of money. But that was good luck – not good play.”

“Don’t fall into reflections,” interrupted Kilgariff, seeing that Campbell was in a reminiscent mood. “We’ve no time for that sort of thing. Go on with the facts.”

“Well, you see your brother was that sort of man about whom people say that he was ‘more sinned against than sinning.’ He always wanted to do right, and if he could have got a good steady job as a millionaire, I don’t know anybody who would have been more scrupulously upright than he. You see, he really thought he had principles – moral character and that sort of thing – when he hadn’t anything of the kind. Many people deceive themselves in that way. I never did. I was born of as good a family as yours, or any other. I was raised in the most honourable traditions, and as a young man I was reckoned a pattern of high-minded conduct. I knew all the time that I had no moral character, no principles. Or rather, I gradually became conscious of that fact.”

Kilgariff was exceedingly impatient of this autobiography, but he thought the shortest way to the man’s facts was to let him talk on in his own way. So he forebore to interrupt, and Campbell continued: —

“I would have killed any man who called me a liar, but I never hesitated to lie when lying seemed to me of advantage. I was scrupulous in paying my debts and discharging every social duty, but I knew myself well enough to know that if an opportunity came to me to rob any man without being found out, I would do it and not hesitate or repent over it. Like the great majority of men, I was honest only as a matter of policy. I had no moral character. Most people haven’t any, but they go on thinking they have and pretending about it until they completely deceive themselves. They refuse to take the old sage’s advice to ‘know thyself.’ I took it. I early learned to know myself.

“But if I had no principles, I at least had sentiments. One of those sentiments was pride in my family. When I saw clearly that I was going to be an adventurer, a gambler, a swindler, a man living by his wits, I did not shrink from that, but I shuddered at the thought of disgracing the name I bore. So I decided not to bear that name, but to choose another. At first I thought of calling myself ‘George Washington Bib’ – just for the humour of the thing. The sudden slump from the resonance of ‘George Washington’ to the monosyllabic inconsequence of ‘Bib’ struck me as funny. But I reflected that while I had never heard of anybody named Bib, there might be people by that name. Still further, it occurred to me that anybody on being introduced to George Washington Bib would be sure to remember the name, and in the career I had marked out for myself that might be inconvenient. So I made up my mind to call myself Campbell. There are so many families of that name, and they are so prolific, that the mere name means nothing – not even a probability of kinship. But you’re not interested in all this. You want to hear about your brother.”

“Yes,” answered Kilgariff.

“Well, your brother was highly respectable, as you know. He was comfortably rich at the first, and after he lost most of his money he struggled hard to keep up the pretence of being still comfortably rich. He did the thing very cleverly, and it let him into several pretty good things in Wall Street. But it let him into a good many very bad things also, and in his over-anxiety to become really rich again, he went into the bad things headforemost and blindfold. I was posing as a lawyer then, you know, and cutting a large swath. I really had no regular practice of any consequence, but I kept two large suites of offices and any number of clerks, as a blind, and I managed every now and then to find out things that I could turn to account – ”

“Blackmail, I suppose.”

“Yes, I suppose you’d call it that, but always with a weather eye on the law. You see, when an active lawyer finds out that a big banker has been doing things he oughtn’t, the big banker is apt to conclude that he needs the services of precisely that particular lawyer as private counsel. There are big fees in the business sometimes, but it’s risky and uncertain. So I had my ups and downs. I was in one of the very worst of my downs when this bank affair fell in. I had been a bank examiner at one time, and had twice examined the affairs of this bank. I knew that its deposits were enormous and its assets sufficient, if properly handled, to pay out everything and leave a large surplus, besides something for the receiver. So I decided to become in effect, though not in fact, the receiver. I owned a judge. He owed me money which he couldn’t pay, and that money was owing on account of things which he couldn’t on any consideration allow to be inquired into in ‘proceedings.’ Moreover, I knew a lot of other things which in themselves made me his master. Still again, his term was nearly at an end, and I had the political influence necessary to secure or defeat his renomination and re-election, as I might choose. In short, I owned him body and soul. So, when it fell to him to appoint a receiver for this bank, he naturally sent for me in consultation. His idea was to appoint me to the receivership, but I saw clearly that that would not do. It would raise a row, for I was pretty well known to the big financiers, many of whom had been obliged to employ me by way of silencing me at one time or another. But more important than that was the fact that the plans I had formed for the handling of the bank’s affairs involved a good deal of risk to the receiver. The bank had a great many investments that must be closed out in order to put the institution on its feet again, and there are various ways of closing out such investments. It was my idea that they should be so closed out as to leave the bank just barely solvent and able to pay its depositors, you understand – ”

“Yes – and that you and your pals should pocket the surplus.”

“Precisely. I didn’t imagine you had so good a head for business.”

“Never mind my head. Consider your own neck, and go on with the story.”

“Now won’t you understand,” said the adventurer, “that I’m not thinking about my neck? I’ve staked that as my ’ante’ in this game, and I never ask the ante back. Well, I showed my judge that it wouldn’t do at all to make me receiver, but I told him I would find him the right man. Your brother had already occurred to me as available. He was in extreme financial difficulties at that time. He was in arrears in his club dues, and his tailor’s bills, and even to his servants. He had sold out every bond and every share of stock he owned, and still his debts were sorely pressing him. He lived at a fine though small place just out of town, where he and his wife and daughters entertained sumptuously. For even to his wife and daughters he kept up the pretence of being comfortably rich, so that they had no hesitation in giving orders at the caterers’ and the florists’ and directing that the bills be sent to him.

“I knew his condition. I knew that he was passing sleepless nights in dreadful apprehension of the quickly coming time when the florists and the caterers would surely refuse to fill the orders of his wife and daughters on the ground that he owed them and didn’t pay.

“One day I sent for him to dine with me in a private room at an expensive hotel. I vaguely suggested to him that his fortune was made; that within a few days I should be able to put him in position to twiddle his fingers at the florists and the caterers. But I gave him no details. I gave him limitless champagne instead, and, as my digestion resented champagne at that time, I excused myself from drinking more than a very small share of the enticing beverage. We decided to play poker, after dinner, just for amusement. The chips were valued high – a dollar for a white chip, two and a half for a red, and five dollars for a blue.

“For a time your brother had marvellous ‘luck.’ He won enough of my paper promises to pay to make him feel already quite independent of the caterers and the florists, and to convince him that at poker I was exceedingly easy prey to a man who ‘really understood the game,’ as he conceitedly thought he did. Well, we played on till morning; and when sunrise came, he had given me his I O U’s for more money than he had ever owned in his life.”

“That is to say, you had made him drunk on champagne, and then had cheated him without limit?”

“Well, yes, that’s about it. Anyhow, I owned him. After he had got over the headache and the champagne, he came to me at my office to see what could be done by way of compromise. I told him that I had no money and no resources except my wits; I frankly confessed that but for certain cash payments he had made early in the game, I could not have paid for the hotel room and tipped the waiters to the tune that waiters set when they are privy to a game of that kind.

“‘But it’s all right,’ I assured him. ‘Don’t bother about the I O U’s. They’ll keep. They are debts of honour, of course, but they needn’t be paid till it is convenient to pay them; and when you go into the position that I’ve secured for you, it will be not only convenient, but exceedingly easy.’

“Then I told him about the receivership and my purpose to have him appointed. I explained that in the mere matter of commissions it would give him a princely income, to say nothing of perquisites. I didn’t explain what ‘perquisites’ in such a case meant. That was because I had no moral character. He didn’t ask. That was because he thought he had a moral character and wished to spare it affront.

 

“It was easily arranged that the judge I owned should appoint as receiver the man I owned. But I didn’t own my man completely, as yet. He owed me more money, as a debt of honour, than he could pay at that time; but once in the receivership, he could quickly pay off all that, and then I shouldn’t own him at all. Indeed, he might have repudiated the I O U’s as illegal gambling debts; he might have refused to pay them at all. But I wasn’t afraid of that. Your brother fondly imagined that he was a man of honour, of high moral principle, and so I knew that in order to keep up that pretence with himself he would stand by his debts of honour. But I foresaw that he might presently discharge them all, out of the proceeds of the receivership, and send me adrift. I must get a stronger grip on him. So I told my judge to send for him and say certain things to him.

“‘You must setup a house,’ the judge told him, ‘in a fashionable quarter of the town, by way of maintaining your position. You see, it won’t do for me to put anybody in charge of those many millions who isn’t recognised as himself a man of independent wealth. You must have a good house and enlarge your establishment. The receivership will abundantly recoup you in the end, but from the beginning we must keep up appearances.’

“Your brother came to me in great distress of mind to tell me what the judge had required of him. He frankly told me he hadn’t the money necessary to make a first payment on the lease of a town house, to furnish it suitably, and to establish himself in it. I pretended to be worried over the matter, and I took twenty-four hours in which to think about it. Then I sent for your brother again and told him I saw a way out; that certain clients of mine had money to invest on bond and mortgage, and had placed it in my hands; that by a little stretching of my authority I could let him have the amount he needed, as a mortgage loan on his place in the country. I saw his face fall when I suggested this, as I had expected to see it fall. Presently he explained that in order to give a mortgage on his country place, which really stood in his wife’s name and had in fact come to her as a dowry, he must get her to execute the papers. That would be very awkward, he explained, as he had never thought it necessary to bother his womankind about his affairs. To ask his wife to execute a mortgage would necessitate a statement to her of his financial position, and a whole lot more of that sort, which I had expected. I told him I thought I could arrange the matter; that my clients had placed their affairs completely in my hands; that all they wanted was the prompt payment of interest and adequate security for their invested money; that the profits of the receivership would be ample to secure all this; and that any arrangement I might make would never be questioned by my clients. I told him that the mortgage security was after all only a matter of form in a case where the other security was so ample, and that the whole thing was in my hands. So I suggested that he should – as a mere matter of form – execute the mortgage, himself signing his wife’s name in her stead. I would take care of the document, not even recording it, and the loan could be paid off presently, with nobody the wiser. Your brother fell into the trap. He executed the mortgage, signing his wife’s name to it, and he was at once made receiver of the bank.

“From that hour, of course, he was my property. No negro slave in all the South was ever more completely owned, or more absolutely under the control of his master.

“I had only to reveal the facts at any moment in order to send him to jail. He had committed a felony – he, the highly respectable receiver of a savings bank, and a man regarded as a leader in social and even in religious movements of every kind. I held complete proofs of his felony in my own hands. He must do my bidding or go to State’s prison.

“My first order to him was to put me into the bank as counsel to the receiver, at a good salary, and also as expert accountant, at another good salary. The bank could afford all this and vastly more. Its assets were easily three times its liabilities – if properly handled, and I knew how to handle them. I meant no harm to your brother. On the contrary, I meant to make him rich and let him retire from the completed receivership with the commendation of the court for the masterly manner in which he had so handled the affairs of the institution as to make good every dollar of its deposits with interest, and to deliver it into the hands of its trustees again in a perfectly solvent condition. You see, the assets were ample for that, and to provide for my future besides. The only trouble before had been bad management and a deficient knowledge of the art of bookkeeping on the part of the respectable old galoots who had been in control of the bank. They might easily have straightened out everything without any court proceedings at all, if they had known how. Their violations of the law had been purely technical – such as occur in every bank every day – and these things can always be arranged on a good basis of assets, if the people in charge only know how.

“Now, when I began operations in the bank, your brother was inclined to object to some of the things I did. I had only to remind him of the mortgage papers in order to reduce him to subjection. He still thought he had a moral character, and so when I proposed to sell out the bank’s securities at ten or twenty or fifty per cent less than their value, and take a commission of five or ten or forty per cent for ourselves from the buyers, he raised grave moral objections. But he was in no position to insist upon them, and besides he was largely profiting by the transactions. Meanwhile, I was slowly getting the bank’s affairs into shape – very slowly, for there were the salaries of him and myself to be considered. Then came the revolt of the chief bookkeeper, and his complaint that we were robbing the bank. I tried hard to square him, but he wouldn’t square. That fellow really had a moral character, and, worse still, he couldn’t be scared. I showed him that as he had already permitted false entries in the bank’s books, he must himself be involved in any exposure that might be made. He answered that he knew that, and was prepared to explain matters in court and ‘take the consequences.’ Then your brother got scared half to death, and consulted you. If he had waited for forty-eight hours, I should have had that bookkeeper in jail, and your brother would have got credit for extreme vigilance. But when he sent for you, all was up. You came into the bank and practically took your brother’s place and function. But you neglected to provide yourself with legal authority to be in the bank at all. Another thing you didn’t reckon upon was my foresight. I had taken pains to win several of the clerks and bookkeepers to my side. I had ‘let them in,’ so that when you angrily dismissed me, I still had daily and hourly information of what was going on. You found out that the bank’s securities had been sold for less than they were worth, and you set to work to repair the wrong. You couldn’t cancel the sales that had been made, but you could and did pay your own money into the bank to make good what you regarded as the defalcations. That made it easy for me. I went to my judge – the one I owned – and laid before him the fact that you were handling the bank’s assets without a shadow of legal authority; that you had dismissed me – the receiver’s counsel and expert accountant – upon discovering that I knew of defalcations, and all the rest of it. You know that part of the story, for you suffered from it. To save your brother, you had sacrificed large sums of money. When that failed and you found that either he or you must go to prison for these defalcations, you decided to sacrifice your liberty and your reputation in order to save him and his wife and daughters. You refused to defend yourself. I thought your plan was to get a stay, give bail, and skip it. But you had the disadvantage of having a moral character, so you stood your hand and were sent to prison. Your brother, having no moral character, let you do this thing and pretended great grief over your dishonesty and perfidy. But he had learned the business by that time, and so he got away with the swag, and with the reputation of a man of truly Roman virtue who suffered acutely over the misbehaviour of his ‘black sheep’ brother. What a farce it all is anyhow – life, I mean – if one tries to take it seriously! Let me have a little brandy, please! I’m growing very faint.”