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Final Proof: or, The Value of Evidence

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IX
A PROMISSORY NOTE

Mr. Mitchel walked into the office of Mr. Barnes one afternoon as the clock struck two.

"Here I am, Mr. Barnes," said he. "Your note asked me to be here at two, sharp. If your clock is right, I have answered your summons to the second."

"You are punctuality itself, Mr. Mitchel. Sit down. I am in a good humor. I flatter myself that I have done a clever thing, and we are going to celebrate. See, there is a cold bottle, and a couple of glasses waiting your arrival."

"You have done something clever, you say? Some bright detective work, I suppose. And you did not honor me this time by consulting me?"

"Oh, well," said the detective, apologetically, "I should not be always bothering you with my affairs. It's business with me, and only amusement with you. When I have a matter of grave importance I like to have your assistance, of course. But this case, though interesting, very interesting, in fact, was really quite simple."

"And you have solved it?"

"Oh, yes; it is completed. Wound it up at noon to-day; ended happily, too. Let me fill your glass, and I'll tell you all about it."

"We will drink to your success. 'All's well that ends well,' you know, and this case you say is ended?"

"Oh, yes; the tale is complete down to the word 'finis.' Let me see, where shall I begin?"

"Why, at the beginning, of course. Where else?"

"Sounds like a reasonable suggestion, yet it is not always so easy to tell just where a story does begin. I often wonder how the romance writers get their stories started. Does a love story, for example, begin with the birth of the lovers, with their meeting, with their love-making, or with their marriage?"

"I am afraid that love stories too often end with the marriage. If yours is a love story, perhaps you may as well begin with the meeting of the lovers. We will take it for granted that they were born."

"So be it. I will transpose events slightly. Here is a document which was forwarded to me by mail, and evidently the sender expected me to receive it before the visit of a man who intended to consult me in a serious case. Oddly enough, the man called before the package reached me. Thus I had his story soonest; but perhaps it will be better for you to read this first, after which you will better comprehend the purpose of my client."

Mr. Mitchel took the type-written pages and read as follows:

"My dear Mr. Barnes: —

"Within a few hours after reading this statement you will receive a visit from a man who will introduce himself as William Odell, which is not his true name, a circumstance which, however, is of no consequence. He will ask you to interpose your reputed skill to save him from fate. I am ready to admit that you have great skill and experience, but it will be utterly useless for you to interfere in this matter, for, as I have said, the man is seeking to escape from a doom which is his fate. Who ever altered what was fated to be? We may philosophize a little and ask what it is that we mean, when we speak of 'fate'? My view is that fate, so called by men, is naught but the logical and necessary effect of a cause. Thus if the cause exists, the effect must follow. So it is with this man, whom we will call Odell. The cause exists, has existed for a number of years. The time for the effect is now approaching; he knows this; he knows that it is fate, – that he cannot escape. Yet, with the hope of a hopeless man, in his last extremity he will ask you to turn aside, or at least to defer, this fate. This you cannot do, and that you may understand the utter futility of wasting your time, which I presume is valuable, I send you this statement of the facts. Thus comprehending the incidents precedent to the present situation, you will appreciate the inevitable nature of the occurrence which this miserable man seeks with your aid to set aside."

"I thought you said this was a simple case, Mr. Barnes," said Mr. Mitchel, interrupting his reading.

"I found it so," replied Mr. Barnes, sipping his wine.

"The writer says that the 'occurrence' was 'inevitable,' yet am I to understand that you prevented it?"

"He thought it to be inevitable. I disagreed with him, and prevented it."

"I hope you have not been over-confident."

"There is no danger. Did I not tell you that the affair ended?"

"So you did. I forgot that. This paper is entertaining. I will read on."

The statement went on as follows:

"I was born and reared and spent all my life in Texas. In fact, you may consider me a cowboy, though it is long since I have thrown a lariat, and one would hardly count me a boy now. What a life do we lead down there on the Texas plains! Miles and miles of country stretching in easy undulations from the rising-place to the set of the sun. Day after day in the saddle, till one imagines himself a part of the animal which he bestrides. How often in play have I dropped a red bandana, and then picked it from the grass as I galloped my horse by at top speed!

"One day I was riding along, free from all worldly care, happy, contented. My horse was going easily, though we had several miles yet to cover. Glancing carelessly ahead, neither seeking nor expecting adventure of any kind, I thought I saw, a hundred yards or more ahead of me, the bright red of a handkerchief in the grass. A bandana dropped by a cowboy perhaps. With nothing better to do, I touched my horse's flank, and with instant response his head was down and we charged the spot. Leaning so low on one side that I could have touched the ground easily with my hand, we rapidly neared that bit of color, and I was almost upon it before I realized that it was something more than a lost handkerchief, – that it was really a bundle of some sort. Yet in time I noted this, and therefore exerted enough strength when I clutched it to lift it firmly from the ground, though the weight of it astonished me. Swinging myself back upon my horse, I brought him to a walk, that I might better examine my prize. Imagine my feelings when I found that the little bundle contained a thing of life – a baby girl!

"There is no need to extend this part of my tale. How the child got there I never learned. Whether it was dropped from a wagon travelling along the trail, or deposited there purposely by one of those fiends who accept the pleasures of life and shirk its responsibilities, I do not know. Indeed, at the time I took but a passing interest in the affair. I had picked up a baby on the plains. What of it? How could a cowboy like myself be expected to evince any great interest in a baby? My father was rich, and I had always been indulged in all things, though always held rigidly by what I was taught to consider the rules of honor. I had had a taste of the big world too, for I had been first at a military academy, and afterwards had graduated from Harvard. Then I had gone back to Texas, back to the life on horseback in the open air, the life that I loved best. So you can understand that women and babies had not yet come into my mind as necessary adjuncts to life.

"The child was given into the care of the very negro mammy who had practically reared me, my mother having died when I was yet a boy. Thus it was not until Juanita – I forget how she got the name, but so she was called – was twelve, that I began to feel some personal responsibility in relation to her future. My father meantime had died, and I was master of the old home, the ranch and all the stock. Thus there was no lack of money to carry out whatever plan might seem best. I took counsel with some women of our town, and the end of it was that Juanita was sent as far north as Atlanta to boarding-school. Here she remained until she was sixteen, but she never really enjoyed herself. A child of the plains almost literally, one might say, living through her earlier girlhood with little if any restraint, the duties of the school-room were irksome to her, and she longed to be back in Texas. This yearning grew upon her so that at length she began to make references to her feelings in her letters. I had missed her from about the place more than I should have imagined possible, and the strong inclination was to grant her wishes and bring her back; but I knew the value of education, and felt in duty bound to urge her continuance of her studies. When first she went, it had been arranged that she should remain in Atlanta studying for eight years, but finally I offered as a compromise that she might come home at the end of six, at which time she would have been eighteen. You may guess my surprise when one morning on my return from a long ride after the cattle, I saw a horse dashing swiftly towards me, and when close enough, recognized Juanita on his back. Breathless she pulled up beside me, and before I could speak cried out:

"'Now don't say you are going to send me back. Don't say it! Don't! Don't! Don't! It would break my heart!'

"What could I do? There she was, exuberant in her happiness, all the wild energy of her animal spirits aroused by the exhilaration of that liberty for which she had so long yearned. Of course I thought a good deal, but I said nothing.

"'Watch me!' she exclaimed. 'I haven't forgotten how to ride. See!'

"Like a flash she was off towards a clump of bushes fifty yards away. I called after her, fearing that four years of school life would have left her less of a horsewoman than she imagined. But she only laughed, and when near the hedge raised her horse with the skill of an adept and cleared it by a foot.

"During the next two years the whole tenor of my life was changed. Juanita went with me everywhere. Like myself she lived in the saddle, and soon she could throw a lariat or round up a herd of cattle as well as almost any of my men.

 

"What wonder that I learned to love the girl? Philosophers tell us that two may meet, exchange glances, and love. Madness! That is admiration, magnetic attraction, passionate desire, – what you please, – it is not love. Love may spring from such beginning, but not in an instant, a day, an hour. Too many have been wrecked by that delusion, wedding while intoxicated with this momentary delirium, and awaking later to a realization of a dread future. For what can be worse misery than to be married and not mated? No, love thrives on what it feeds on. Daily companionship, hourly contact breeds a habit in a man's life, creates a need that can but be filled by the presence of the one who excites such heart longings. Thus we learn to love our horse or dog, and the possession of the animal satisfies us. So when we come to love a woman, to love her with that love which once born never dies, so, too, possession is the only salve, the only solution. After two years I realized this, and began to think of marrying my little one. 'Why not?' I asked myself. True, I was forty, while she was but eighteen. But I was young in heart, energy, and vitality. And who had a greater right to possess her than myself? None. Then a dreadful thought came to me. What if she did not love me in return? My heart turned cold, but I never dreamed of coercing her. I would tell her my wish, my hope, and as she should answer so should it be.

"This was my determination. You will admit that I was honorable. Having formed my conclusion I sought a favorable moment for its execution. At this you may wonder. Were we not together daily, riding side by side, often alone with God and Nature for hours together? True! But I dreaded a mistake. Should I speak when her heart was not ready, the answer might blight my life.

"So I waited day after day, no moment seeming more propitious than another. Yet when I did speak, it was all so simple, that I wondered at myself for my long anxiety. We had been riding together for three or four hours, when, reaching a shaded knoll in which I knew there was a cold spring where we might refresh ourselves and our horses, we stopped. As she jumped from her horse, Juanita stood a moment looking back and forth across the plains, and then, in full enjoyment of the scene, she exclaimed:

"'Isn't it all grand! I could live here forever!'

"My heart leaped, and my tongue moved unbidden:

"'With me?' I cried. 'With me, Juanita?'

"'Why, yes; with you, of course. With whom else?'

"She turned and gazed into my eyes frankly, wondering at my question, and my hand burned as with a fever as I took hers in mine, and almost whispered:

"'But with me, little one, as my own? As my very own? As my little wife, I mean?'

"A dainty blush beautified her cheek, but she did not turn away her eyes as she answered:

"'Why, yes. As your wife, of course. I have always thought you meant it should be. Always lately, I mean.'

"So she had understood before I had known myself. She had been simply waiting, while I had been worrying. I had but to reach forth my hand and grasp my happiness. Well, I had been an ass not to know, but at last the joy was mine.

"Be sure there was little further delay. The wedding was simple yet impressive. Cowboys came from miles around, and one and all they kissed the bride. We had a feast on the grass, the tables extending a quarter of a mile, and all were welcome. There were no cards of invitation; all within fifty miles were my neighbors, and all neighbors were expected at the cowboy's wedding. The ceremony was held out in the open air, and five hundred men stood with bared heads as the worthy father gave me my treasure and declared her mine before God and them.

"Thus Juanita came to be mine own. First given to me by that Providence who rules the Universe, when the unguided steps of my horse carried me to the tiny bundle lying on a boundless plain, and lastly given to me with her own consent by the worthy man who united us in the name of the Father of us all. Was she not mine then, and thenceforward forever? Could any man rightly take her from me? You shall hear.

"A year passed. A year of happiness such as poets prate of and ardent men and maids hope for, but rarely realize. Then the serpent entered my Eden. The tempter came, in the form of this man who tells you that his name is Odell, but who lies when he tells you so. He was from the North, and he had a fine form and a fair face. Fair, I mean, in the sense that it was attractive to women. He soon had the few young women of our neighborhood dangling after him, like captured fish on a blade of palmetto. I saw all this, and, seeing, had no suspicion that with the chance to choose from so many who were still unclaimed, he would seek to win my own dear one.

"I cannot dwell on this. Indeed, I never knew the details, only the finale. The blow came as unsuspected as might an earthquake in a land where tranquillity had reigned for centuries. I had been away all day, and for once my wife had not ridden with me. I had myself bidden her remain at home, because of the intense heat of an August sun. She had begged to go with me, perhaps fearing to be left alone. But I knew nothing, suspected nothing of the ache and terror in her heart. When I got back, it was already dark, and having been away from Juanita all day, I called for her at once. The empty echoes of my voice coming back as the only answer to my cry struck my heart with a chill, and a nameless, hideous dread seized me. Had anything happened? Was she ill, or dead? Dead it must be, I thought, or she would have answered. I wandered through the house; I searched the whole place; I sprang back upon my horse and rode from house to house throughout that whole awful night. I discovered nothing. No one could tell me aught. At daybreak I returned fagged out, with a vague hope that perhaps I had made some blunder and that she was still at home. At last, in the room where I kept my accounts and transacted business, I found a note upon my desk which explained the horrible truth. Here is a copy of it. Note the hideous braggadocio. It read:

"'I. O. U. One wife. (Signed) L – R – .'

"That you may fully appreciate how this taunt stung, I must remind you that, as I have said, my father had taught me to follow most rigidly the rules of honor. In transactions involving even very great sums of money, it was not uncommon amongst us cattlemen to acknowledge an indebtedness in this primitive, informal way, – simply writing upon a slip of paper, perhaps torn from the edge of a newspaper, 'I. O. U.', giving the amount, and adding the signature. No dates were really necessary, though sometimes added, because the possession of the paper proved the debt, the cancellation by payment always leading to the destruction of the I. O. U.

"Thus this heartless young brute from the North had not only stolen from me my chief treasure, but he had left behind an acknowledgment of his debt in that form which was most binding among us.

"Does it cause you surprise to have me say that I carefully preserved that bit of paper, and swore to make him meet the obligation when the day of reckoning might come? This explains to you that cause, which at the outset I said brings with it a result which now is, and always has been, inevitable.

"Of course it is certain that had I been able to find my betrayer while my anger still raged, and my anguish yet at its most acute point, I would simply have shot the man on sight, recklessly, thoughtlessly. But I could not get trace of him, and so had time to think.

"Too late I learned that I had made one dreadful error. I have told you my views of love, how engendered and how nourished. My mistake was in thinking that such a love is the necessary rather than merely the possible result of constant companionship between congenial spirits. In my own heart the fire of true love burned only too brightly, but with Juanita, poor child, it was but the glow reflected from my own inward fires that warmed her heart. She was happy with me, sharing my life, and when I asked her to marry me, mistook her calm friendship for what she had heard called love. Love she had never experienced. When later the younger man devoted himself to her, she was probably first merely intoxicated by an overpowering animal magnetism, which was nothing but passion. But even as I have admitted that this impulsive desire may drift into the truer, nobler quality of love, so, later, I found, must have been the case with my cherished one.

"A full year passed before I had the least idea of the whereabouts of the elopers. Then one day the mail brought me a brief, plaintive note from her. All she wrote was, 'Dear one, forgive me. Juanita.' The date showed that it had been written on the anniversary of our wedding, and from this I knew that the day had brought to her remorseful memories of me. But the envelope bore a postmark, and I knew at last that they were in a suburb of the great metropolis.

"I started for New York that very night, bent on vengeance. But one approaches a revengeful deed in a different spirit a year after the infliction of the wrong, and so by the time I reached my destination, my mind had attained a judicial attitude, and my purpose was tempered by the evident wisdom of investigating before acting. I had little difficulty in finding the nest to which my bird had flown, and a happy nest it appeared to be. It seems like yesterday, and the picture is distinct before my vision. I came cautiously towards the cottage, which was surrounded by a grassy lawn, and my heart came into my throat with a choking sensation as suddenly I saw her there, my little Juanita, lazily swinging in a hammock under a great elm, singing! Singing so merrily that I could not doubt that she was, for the moment at least, happy. So, then, she was happy – happy with him. The thought affected me in a twofold manner. I resented her happiness for myself, and gloried in it for her own sake. I did not venture to interrupt her life by intruding myself into it. I quietly prosecuted my inquiries, and learned that she was known as his wife, indeed that a regular marriage had taken place. Thus at least he gave her the apparent protection of his name. Moreover, I found that he was still kind to her, and that the two were counted a happy couple.

"Therefore I returned to Texas, and never again set eyes upon my dear one, in life. But before leaving I perfected arrangements whereby I might receive regular communications, and so be in the position to know how it fared with Juanita, and I am bound to admit that the reports were ever favorable. So far as I know, he always treated her with loving kindness. In exchange for this, he must count that he has been left undisturbed by me. On that score, then, we are quits. But the paper on which he wrote that infamous I. O. U. remained, and so long as it was in my possession it was an obligation still to be met.

"Five years elapsed, and then one day suddenly I was summoned by telegraph. Juanita was ill – was likely to die. I sped North as fast as the swiftest express train could travel, but I arrived three hours after her sweet spirit had flown. He did not recognize me as I mingled with the crowd in the house at the funeral, and so got a last glimpse of her face. But after the grave was filled, and the little mound was covered with flowers, the mound which held all that had stood between him and fate, I stepped forward and stood where his eyes must meet mine.

"At first he did not recognize me, but presently he knew me, and the abject terror that came into his face brought to me the first sensation of pleasure that I had experienced since that hour in which I had found my home deserted. I stepped back into the crowd, and I saw him look about eagerly, and pass his hand across his eyes, as though brushing aside some horrible vision. But he was soon to learn that it was no spectral fancy, but myself with whom he had to deal.

"I waited till nightfall and then sought him at his house, and told him my purpose. I showed him that bit of paper on which he had scrawled the words 'I. O. U. One wife,' and I told him that in exacting a settlement we would change the letter 'w' to the letter 'l.' That for my wife, I would expect his life, in return. I gave him a respite of a few days, but this he will explain to you. I know this, for twice have I seen him approach your offices, and then alter his mind and depart without going in. But his fate is now so near that by to-morrow, at the latest, he will no longer have the courage to delay. He will go to you. He will lie to you. He will endeavor to obtain your aid. Fool! Of what avail? He cannot escape even if you undertake to assist him. But after reading the truth, as here written, will you?"

 

Mr. Mitchel put down the last page of the statement, and, turning to Mr. Barnes, he said:

"And you say you have thwarted this man's purpose?"

"Yes; absolutely. Of course, that tale of his makes me sympathize with him, but the law does not grant a man the right to murder even when a wife is stolen. Certainly not after the lapse of five years."

"I should think that the author of that document would be a man who would carefully plan whatever scheme he might have decided upon, and if you have really thwarted him, then you have been very clever. Very clever, indeed. How was it?"

"To explain that," replied Mr. Barnes, "I must begin by telling you of the visit of this man who calls himself Odell. You will note that the Texan says that his adversary 'will explain,' etc. Thus he evidently intended his communication to reach me before the visit of my client. But it was otherwise. Mr. Odell, as we must call him, came here two days ago, whereas that communication did not reach me until yesterday morning."

"Did this man Odell tell you the same story as that sent to you by the Texan?"

"Essentially the same, yet differing materially in some of the details. He came into my office in a very nervous, excited frame of mind, and even after I had asked him to be seated and to state his business he seemed half inclined to go away. However, he finally concluded to confide his trouble to me, though he began the conversation in a singular manner.

"'I hardly know,' said he, 'whether you can help me or not. Your business is to detect crimes after they have been committed, is it not?'

"'It is,' said I.

"'I wonder,' said he, 'whether you could prevent a crime?'

"'That would depend much upon the circumstances and the nature of the crime.'

"'Let us say that a murder was contemplated. Do you think you might be able to prevent it?'

"'Do you know who is threatened? Who is the person to be murdered?'

"'Myself.'

"'Yourself? Tell me the circumstances which lead you to believe that such a danger threatens you.'

"'The circumstances are peculiar. I suppose I must tell you the whole miserable story. Well, so be it. Some years ago I went into one of the southern states, it matters not which, and there I met a young girl with whom I fell madly in love. There is nothing out of the common about the story except as regards her guardian. I suppose that is what he would be called. This man was quite a wealthy ranchman, and it seems that he had found the girl when an infant, on the open plains. He took her home, and raised her. Of course he grew fond of her, but the fool forgot that he was twenty years older than herself and fell in love with her. Consequently I knew that it would be useless to ask his consent to our marriage, so we eloped.'"

"That is a different version," interrupted Mr. Mitchel.

"Very different," said Mr. Barnes. "But when I heard it, it was the only version known to me. I asked him how long a time had passed since the elopement, and he replied:

"'Five years. I married the girl of course, and we have been living until recently up the Hudson. A month ago she died, and in grief I followed her body to the grave. The last sod had just been placed on the mound, when looking up I saw the man, the guardian, let us call him, standing glaring at me in a threatening manner. I was startled, and as a moment later he seemingly disappeared, I was inclined to believe that it had been merely a trick of the mind. This seemed not improbable, for if the man harbored any ill-will, why had he not sought me out before?'

"'Perhaps he did not know where to find you,' I suggested.

"'Yes, he did. I know that, because my wife told me that she wrote to him once. But it was not imagination, for that same night he came to my house, and coolly informed me that now that the girl was dead, there was nothing to delay longer his purpose to take my life.'

"'He told you this openly?'

"'He made the announcement as calmly as though he were talking of slaying one of his steers. I don't know why, for I am not a coward, but a terrible fear seized me. I seemed to realize that it would be useless for me to make any resistance; whether he chose to take my life at that moment or later, it seemed to me that I could and would make no effort to save myself. In fact, I imagine I felt like a man in a trance, or it might be in a dream-disturbed sleep wherein, while passing through dreadful experiences, and wishing that some one might arouse me, yet I myself was powerless to awaken.'

"'Perhaps the man had hypnotized you.'

"'Oh, no. I don't make any such nonsensical claim as that. I was simply terrified, that is all, – I who have never known fear before. Worse than all, I have not for an instant since been able to escape from my feeling of helpless terror. He talked to me in the quietest tone of voice. He told me that he had known of my whereabouts all the time, and that he had spared me just so long as the girl was happy; that so long as her happiness depended upon my living, just so long had he permitted me to live. Throughout the interview he spoke of my life as though it belonged to him; just as though, as I said before, I might have been one of his cattle. It was awful.'

"'Did he say when or how he would murder you?'

"'He did worse than that. He did the most diabolical thing that the mind of man could conceive. He explained to me that he considered me in his debt, and that the debt could only be cancelled with my life. And then he had the horrible audacity to ask me to give him a written acknowledgment to that effect.'

"'How? I do not understand.'

"'He drew out a large sheet of paper on which were some written words, and handed me the paper to read. This is what I saw: "On or before the thirtieth day from this date I promise to pay my debt to the holder of this paper."'

"'How very extraordinary!'

"'Extraordinary! Nothing like this has ever occurred in all the world. The man asked me practically to give him a thirty-day note to be paid with my life. Worse than that, I gave it to him.'

"'You gave it to him! What do you mean?'

"'At his dictation I copied those words on a similar sheet that he furnished, and I signed the hellish document. Don't ask me why I did it. I don't know, unless in my terror and despair I thought at the moment only of getting rid of my visitor, and of gaining even the short respite that here seemed held out to me. At all events I wrote the thing, and he folded it carefully and put it in his pocket with a satanic smile. Then he rose to go, but further explained to me that as the note said "on or before" thirty days, he would feel at liberty to conclude the matter at his own pleasure. This doubled the horror of the situation. What he said next, however, seemed to offer a ray of hope, if hope might be sought under such circumstances. He told me that if I could by any means manage to live beyond the limitations of the note, he would return the paper to me to be burned, and in that case I might consider the matter terminated.'

"'Why, then, he did give you one chance of living.'

"'I have tried to make myself think so. But as I have thought it over, sometimes I imagine that there is merely an added deviltry in this, – that he held out this hope only to intensify my sufferings; for total despair might have led me to suicide, thus shortening the period of my mental agony. If this was his purpose, he succeeded only too well. A dozen times I have been on the verge of blowing my brains out to abbreviate the torture, when the thought has come to me that as another day had passed finding me still alive, so might the remaining ones; that I might escape after all. So I have lived and entered another day of torment.'