Vincent was eying her narrowly, she took no notice of him, and all he could see was a white face devoid of expression.
""_When Tamerlane swept with fire and sword over Eastern Asia_,""
Courbertin read slowly, ""_states were disrupted, cities overthrown, and tribes scattered like--like star-dust. A vast people was hurled broadcast over the land. Fleeing before the conquerors_,"--no, no,--"_before the mad l.u.s.t of the conquerors, these refugees swung far into Siberia, circling, circling to the north and east and fringing the rim of the polar basin with a spray of Mongol tribes_.""
"Skip a few pages," Bill Brown advised, "and read here and there. We haven"t got all night."
Courbertin complied. ""_The coast people are Eskimo stock, merry of nature and not offensive. They call themselves the Oukilion, or the Sea Men. From them I bought dogs and food. But they are subject to the Chow Chuen, who live in the interior and are known as the Deer Men.
The Chow Chuen are a fierce and savage race. When I left the coast they fell upon me, took from me my goods, and made me a slave_."" He ran over a few pages. ""_I worked my way to a seat among the head men, but I was no nearer my freedom. My wisdom was of too great value to them for me to depart. . . Old Pi-Une was a great chief, and it was decreed that I should marry his daughter Ilswunga. Ilswunga was a filthy creature. She would not bathe, and her ways were not good . . .
I did marry Ilswunga, but she was a wife to me only in name. Then did she complain to her father, the old Pi-Une, and he was very wroth. And dissension was sown among the tribes; but in the end I became mightier than ever, what of my cunning and resource; and Ilswunga made no more complaint, for I taught her games with cards which she might play by herself, and other things_.""
"Is that enough?" Courbertin asked.
"Yes, that will do," Bill Brown answered. "But one moment. Please state again the date of publication."
"1807, in Warsaw."
"Hold on, baron," Del Bishop spoke up. "Now that you"re on the stand, I"ve got a question or so to slap into you." He turned to the court-room. "Gentlemen, you"ve all heard somewhat of the prisoner"s experiences in Siberia. You"ve caught on to the remarkable sameness between them and those published by Father Yakontsk nearly a hundred years ago. And you have concluded that there"s been some wholesale cribbing somewhere. I propose to show you that it"s more than cribbing. The prisoner gave me the shake on the Reindeer River in "88.
Fall of "88 he was at St. Michael"s on his way to Siberia. "89 and "90 he was, by his talk, cutting up antics in Siberia. "91 he come back to the world, working the conquering-hero graft in "Frisco. Now let"s see if the Frenchman can make us wise.
"You were in j.a.pan?" he asked.
Courbertin, who had followed the dates, made a quick calculation, and could but illy conceal his surprise. He looked appealingly to Frona, but she did not help him. "Yes," he said, finally.
"And you met the prisoner there?"
"Yes."
"What year was it?"
There was a general craning forward to catch the answer.
"1889," and it came unwillingly.
"Now, how can that be, baron?" Del asked in a wheedling tone. "The prisoner was in Siberia at that time."
Courbertin shrugged his shoulders that it was no concern of his, and came off the stand. An impromptu recess was taken by the court-room for several minutes, wherein there was much whispering and shaking of heads.
"It is all a lie." St. Vincent leaned close to Frona"s ear, but she did not hear.
"Appearances are against me, but I can explain it all."
But she did not move a muscle, and he was called to the stand by the chairman. She turned to her father, and the tears rushed up into her eyes when he rested his hand on hers.
"Do you care to pull out?" he asked after a momentary hesitation.
She shook her head, and St. Vincent began to speak. It was the same story he had told her, though told now a little more fully, and in nowise did it conflict with the evidence of La Flitche and John. He acknowledged the wash-tub incident, caused, he explained, by an act of simple courtesy on his part and by John Borg"s unreasoning anger. He acknowledged that Bella had been killed by his own pistol, but stated that the pistol had been borrowed by Borg several days previously and not returned. Concerning Bella"s accusation he could say nothing. He could not see why she should die with a lie on her lips. He had never in the slightest way incurred her displeasure, so even revenge could not be advanced. It was inexplicable. As for the testimony of Bishop, he did not care to discuss it. It was a tissue of falsehood cunningly interwoven with truth. It was true the man had gone into Alaska with him in 1888, but his version of the things which happened there was maliciously untrue. Regarding the baron, there was a slight mistake in the dates, that was all.
In questioning him. Bill Brown brought out one little surprise. From the prisoner"s story, he had made a hard fight against the two mysterious men. "If," Brown asked, "such were the case, how can you explain away the fact that you came out of the struggle unmarked? On examination of the body of John Borg, many bruises and contusions were noticeable. How is it, if you put up such a stiff fight, that you escaped being battered?"
St. Vincent did not know, though he confessed to feeling stiff and sore all over. And it did not matter, anyway. He had killed neither Borg nor his wife, that much he did know.
Frona prefaced her argument to the meeting with a pithy discourse on the sacredness of human life, the weaknesses and dangers of circ.u.mstantial evidence, and the rights of the accused wherever doubt arose. Then she plunged into the evidence, stripping off the superfluous and striving to confine herself to facts. In the first place, she denied that a motive for the deed had been shown. As it was, the introduction of such evidence was an insult to their intelligence, and she had sufficient faith in their manhood and perspicacity to know that such puerility would not sway them in the verdict they were to give.
And, on the other hand, in dealing with the particular points at issue, she denied that any intimacy had been shown to have existed between Bella and St. Vincent; and she denied, further, that it had been shown that any intimacy had been attempted on the part of St. Vincent.
Viewed honestly, the wash-tub incident--the only evidence brought forward--was a laughable little affair, portraying how the simple courtesy of a gentleman might be misunderstood by a mad boor of a husband. She left it to their common sense; they were not fools.
They had striven to prove the prisoner bad-tempered. She did not need to prove anything of the sort concerning John Borg. They all knew his terrible fits of anger; they all knew that his temper was proverbial in the community; that it had prevented him having friends and had made him many enemies. Was it not very probable, therefore, that the masked men were two such enemies? As to what particular motive actuated these two men, she could not say; but it rested with them, the judges, to know whether in all Alaska there were or were not two men whom John Borg could have given cause sufficient for them to take his life.
Witness had testified that no traces had been found of these two men; but the witness had not testified that no traces had been found of St.
Vincent, Pierre La Flitche, or John the Swede. And there was no need for them so to testify. Everybody knew that no foot-marks were left when St. Vincent ran up the trail, and when he came back with La Flitche and the other man. Everybody knew the condition of the trail, that it was a hard-packed groove in the ground, on which a soft moccasin could leave no impression; and that had the ice not gone down the river, no traces would have been left by the murderers in pa.s.sing from and to the mainland.
At this juncture La Flitche nodded his head in approbation, and she went on.
Capital had been made out of the blood on St. Vincent"s hands. If they chose to examine the moccasins at that moment on the feet of Mr. La Flitche, they would also find blood. That did not argue that Mr. La Flitche had been a party to the shedding of the blood.
Mr. Brown had drawn attention to the fact that the prisoner had not been bruised or marked in the savage encounter which had taken place.
She thanked him for having done so. John Borg"s body showed that it had been roughly used. He was a larger, stronger, heavier man than St.
Vincent. If, as charged, St. Vincent had committed the murder, and necessarily, therefore, engaged in a struggle severe enough to bruise John Borg, how was it that he had come out unharmed? That was a point worthy of consideration.
Another one was, why did he run down the trail? It was inconceivable, if he had committed the murder, that he should, without dressing or preparation for escape, run towards the other cabins. It was, however, easily conceivable that he should take up the pursuit of the real murderers, and in the darkness--exhausted, breathless, and certainly somewhat excited--run blindly down the trail.
Her summing up was a strong piece of synthesis; and when she had done, the meeting applauded her roundly. But she was angry and hurt, for she knew the demonstration was for her s.e.x rather than for her cause and the work she had done.
Bill Brown, somewhat of a shyster, and his ear ever c.o.c.ked to the crowd, was not above taking advantage when opportunity offered, and when it did not offer, to dogmatize artfully. In this his native humor was a strong factor, and when he had finished with the mysterious masked men they were as exploded sun-myths,--which phrase he promptly applied to them.
They could not have got off the island. The condition of the ice for the three or four hours preceding the break-up would not have permitted it. The prisoner had implicated none of the residents of the island, while every one of them, with the exception of the prisoner, had been accounted for elsewhere. Possibly the prisoner was excited when he ran down the trail into the arms of La Flitche and John the Swede. One should have thought, however, that he had grown used to such things in Siberia. But that was immaterial; the facts were that he was undoubtedly in an abnormal state of excitement, that he was hysterically excited, and that a murderer under such circ.u.mstances would take little account of where he ran. Such things had happened before. Many a man had b.u.t.ted into his own retribution.
In the matter of the relations of Borg, Bella, and St. Vincent, he made a strong appeal to the instinctive prejudices of his listeners, and for the time being abandoned matter-of-fact reasoning for all-potent sentimental plat.i.tudes. He granted that circ.u.mstantial evidence never proved anything absolutely. It was not necessary it should. Beyond the shadow of a reasonable doubt was all that was required. That this had been done, he went on to review the testimony.
"And, finally," he said, "you can"t get around Bella"s last words. We know nothing of our own direct knowledge. We"ve been feeling around in the dark, clutching at little things, and trying to figure it all out.
But, gentlemen," he paused to search the faces of his listeners, "Bella knew the truth. Hers is no circ.u.mstantial evidence. With quick, anguished breath, and life-blood ebbing from her, and eyeb.a.l.l.s glazing, she spoke the truth. With dark night coming on, and the death-rattle in her throat, she raised herself weakly and pointed a shaking finger at the accused, thus, and she said, "Him, him, him. St. Vincha, him do it.""
With Bill Brown"s finger still boring into him, St. Vincent struggled to his feet. His face looked old and gray, and he looked about him speechlessly. "Funk! Funk!" was whispered back and forth, and not so softly but what he heard. He moistened his lips repeatedly, and his tongue fought for articulation. "It is as I have said," he succeeded, finally. "I did not do it. Before G.o.d, I did not do it!" He stared fixedly at John the Swede, waiting the while on his laggard thought.
"I . . . I did not do it . . . I did not . . . I . . . I did not."
He seemed to have become lost in some supreme meditation wherein John the Swede figured largely, and as Frona caught him by the hand and pulled him gently down, some man cried out, "Secret ballot!"
But Bill Brown was on his feet at once. "No! I say no! An open ballot! We are men, and as men are not afraid to put ourselves on record."
A chorus of approval greeted him, and the open ballot began. Man after man, called upon by name, spoke the one word, "Guilty."
Baron Courbertin came forward and whispered to Frona. She nodded her head and smiled, and he edged his way back, taking up a position by the door. He voted "Not guilty" when his turn came, as did Frona and Jacob Welse. Pierre La Flitche wavered a moment, looking keenly at Frona and St. Vincent, then spoke up, clear and flute-like, "Guilty."
As the chairman arose, Jacob Welse casually walked over to the opposite side of the table and stood with his back to the stove. Courbertin, who had missed nothing, pulled a pickle-keg out from the wall and stepped upon it.
The chairman cleared his throat and rapped for order. "Gentlemen," he announced, "the prisoner--"
"Hands up!" Jacob Welse commanded peremptorily, and a fraction of a second after him came the shrill "Hands up, gentlemen!" of Courbertin.