IT WAS A DAY of early June in Virginia. The afternoon sun lay warm on the courthouse with its great plaster pillars; on the tavern with its two-story porch; on the stretches of green fields beyond and the low wooded hill, rimmed by the far-off mountains like a wall of the world.
It was the first day of the circuit court, which all the country attended. And on this afternoon, two men crossed the one thoroughfare that lay through the county seat, and went up the wide stone steps into the courthouse.
The two men were in striking contrast. One, short of stature and beginning to take on the rotundity of age, was dressed with elaborate care, his great black stock propping up his chin, his linen and the cloth of his coat immaculate. He wore a huge carved ring and a bunch of seals attached to his watch-fob. The other was a big, broad-shouldered, deep-chested Saxon, with all those marked characteristics of a race living out of doors and hardened by wind and sun. His powerful frame carried no ounce of surplus weight. It was the frame of the empire builder on the frontier of the empire. The face reminded one of Cromwell, the craggy features in repose seemed molded over iron, but the fine gray eyes had a calm serenity, like remote spaces in the summer sky. The man's clothes were plain and somber. And he gave one the impression of things big and vast.
As the two entered between the plaster pillars, a tall old man came out from the county clerk's office. But for his face, he might have been one of a thousand Englishmen in Virginia. There was nothing in the big, spare figure or the cranial lines of the man to mark.
But the face seized you. In it was an unfathomable disgust with life, joined, one would say, with a cruel courage. The hard, bony jaw protruded; bitter lines descended along the planes of the face, and the eyes circled by red rims were expressionless and staring, as though, by some abominable negligence of nature, they were lidless.
The two approached, and the one so elaborately dressed spoke to the old man.
"How do you do, Northcote Moore?" he said. "You know Abner?"
The old man stopped instantly and stood very still. He moved the stick in his hand a trifle before him. Then he spoke in a high-pitched, irascible voice.
"Abner, eh! Well, what the devil is Abner here for?"
The little pompous man clenched his fingers in his yellow gloves, but his voice showed no annoyance.
"I asked him to have a look at Eastwood Court."
"Damn the justice of the peace of every county," cried the old man, "and you included, Randolph! You never make an end of anything."
He gave no attention to Abner, who remained unembarrassed, regarding the impolite old man as one regards some strange, new, and particularly offensive beast.
"Chuck the whole business, Randolph, that's what I say," the irascible old man continued, "and forget about it. Who the devil cares? A drooling old paralytic is snuffed out. Well, he ought to have gone five and twenty years ago! He couldn't manage his estate and he kept me out. I was like to hang about until I rotted, while the creature played at Patience, propped up against the table and the wall. A nigger, on a search for shillings, knocks him on the head. Shall I hunt the nigger down and hang him? Damme! I would rather get him a patent of state lands!"
The face of Randolph was a study in expression.
"But, sir," he said, "there are some things about this affair that are peculiar-I may say extraordinarily peculiar."
Again the old man stood still. When he spoke his voice was in a lower note.
"And so," he said, "you have nosed out a new clew and got Abner over, and we are to have another inquisition."
He reflected, moving his stick idly before him. Then he went on in a petulant, persuasive tone.
"Why can't you let sleeping dogs lie? The country is beginning to forget this affair, and you set about to stir it up. Shall I always have the thing clanking at my heels like a ball and chain?"
Then he rang the paved court with the ferrule of his stick. "Damme, man!" he cried. "Has Virginia no mysteries, that you yap forever on old scents at Eastwood? What does it matter who did this thing? It was a public service. Virginia needs a few men on her lands with a bit of courage. This state is rotten with old timber. In youth, Duncan Moore was a fool. In age, he was better dead. Let there be an end to this, Randolph."
And he turned about and went back into the county clerk's office.
Randolph was a justice of the peace in Virginia. He looked a moment after the departing figure; then he spoke to his companion.
"He is here to have the lands of Duncan Moore transferred on the assessor's book to his own name. He takes the estate under the Life and Lives statute of Virginia, that the legislature got up to soften the rigor of Mr. Jefferson's Statute of Descents. Under it, this estate with its great English manor house was devised by the original ancestor to Duncan Moore for his life, and after him to Northcote Moore for his life, and at his death to Esdale Moore. It could have run twenty-one years farther if the scrivener had known the statute. Mr. Jefferson did not entirely decapitate the law of entail." He paused and lifted his finger with a curious gesture. "It is a queer family-I think the very queerest in Virginia. There is something defective about every one of them. Duncan Moore, the decedent, had no children. His two brothers died epileptics. This man, the son of the elder brother, is blind. And the son of the junior, Mr. Esdale Moore, the attorney-at-law--"
The Justice of the Peace was interrupted. A little dapper man, sunburned and bareheaded, dressed like a tailor's print, but with the smart, aggressive air of a well-bred colonial Englishman, pushed through the crowd and clapped the Justice on the shoulder.
"What luck, Randolph?" he cried. "I am sure Abner has run the assassin to cover." And he bobbed his head to Abner like one whose profession permits a certain familiarity. "Come along to the tavern; 'I would listen to your wondrous tales,' as Homer says it."
He led the way, calling out to a member of the bar, hailing an acquaintance, and hurling banter about him in the bluff, hearty fashion which he imagined to be the correct manner of a man of the people who is getting on. He was in the strength and vigor of his race at forty.
"Beastly dull, Randolph," he rattled; "nothing exciting since the dawn except old Baron-Vitch's endless suit in chancery. But one must sit tight, rain or shine. The people must know where to find a lawyer when they want him."
He swung along with a big military stride.
"The life of a lawyer is far from jolly. I should like to cut it, Randolph, if I had a good shooting and a bit of trout water. Alas, I am poor!" And he made a dramatic gesture.
One felt that under this froth the man was calling out the truth. For all his hearty interest in affairs, the law was merely a sort of game. It was nothing real. He played to win, and he had chosen his profession with care and after long reflection, as a breeder chooses a colt for the Derby, or as an English family of influence selects a crack regiment for the heir at Oxford. He cared not one penny what the laws were or the great policies of Virginia. But he did care, with an inbred and abiding interest, about the value of a partridge shooting, or the damming of a trout stream by the grist mills. These things were the realities of life, and not the actions at law or the suits in chancery.
"How does one get a fortune nowadays, Abner?" he called back across his shoulder, "for I need one like the devil. Marriage or crime, eh? Crime requires a certain courage, and they say out in the open that lawyers are decadent. With you and Randolph on the lookout, I should be afraid to go in for crime!"
He clapped a passing giant on the back, called him Harrison, accused him of having an eye on Congress, and went on across his shoulder to Abner:
"Marriage, then? Do you know a convenient orphan with a golden goose? Pleasure and a certain gain would be idyllic! The simplest men understand that. Do not the writers in Paris tell us that the French peasant on his marriage night, while embracing his bride with one arm, extends the other in order to feel the sack that contains her dowry?"
They were now on the upper floor of the tavern porch. Mr. Esdale Moore sent a Negro for a dish of tea, after the English fashion.
Then he got a table at the end of the porch, somewhat apart, and the three men sat down.
"And now, Randolph," he said, "what did you find in Eastwood?"
"I am afraid," replied the Justice of the Peace, "that we found little new there. The evidence remains, with trifling additions, what it was; but Abner has arrived at some interesting opinions upon this evidence."
"I am sure Abner can clap his hand on the assassin," said the attorney. "Come, sir, let me fill your cup, and while I stand on one foot, as St. Augustine used to say, tell me who ejected my uncle, the venerable Duncan Moore, out of life."
The. Negro servant had returned with a great silver pot, and a tray of cups with queer kneeling purple cows on them.
Abner held out his cup.
"Sir," he said, "one must be very certain, to answer that question." His voice was deep and level, like some balanced element in nature.
He waited while the man filled the cup; then he replaced it on the table.
"And, sir," he continued slowly, "I am not yet precisely certain."
He slipped a lump of sugar slowly into the cup.
"It is the Ruler of Events who knows, sir; we can only conjecture. We cannot see the truth naked before us as He does; we must grope for it from one indication to another until we find it."
"But, reason, Abner," interrupted the lawyer, bustling in his chair; "we have that, and God has nothing better!"
"Sir," replied Abner, "I cannot think of God depending on a thing so crude as reason. If one reflects upon it, I think one will immediately see that reason is a quality exclusively peculiar to the human mind. It is a thing that God could never, by any chance, require. Reason is the method by which those who do not know the truth, step by step, finally discover it."
He paused and looked out across the table at the far-off mountains.
"And so, sir. God knows who in Virginia has a red hand from this work at Eastwood Court, without assembling the evidence and laboring to determine whither these signboards point. But Randolph and I are like children with a puzzle. We must get all the pieces first, and then sit down and laboriously fit them up."
He looked down into his cup, his face in repose and reflective.
"Ah, sir," he went on, "if one could be certain that one had always every piece, there would no longer remain such a thing as a human mystery. Every event dovetails into every other event that precedes and follows. With the pieces complete, the truth could never elude us. But, alas, sir, human intelligence is feeble and easily deludes itself, and the relations and ramifications of events are vast and intricate."
"Then, sir," said Mr. Esdale Moore, "you do not believe that the criminal can create a series of false evidences that will be at all points consistent with the truth."
"No man can do it," replied Abner. "For to do that, one must know everything that goes before and everything that follows the event which one is attempting to falsify. And this omniscience only the intelligence of God can compass. It is impossible for the human mind to manufacture a false consistency of events except to a very limited extent."
"Then, gentlemen," cried the lawyer, "you can make me no excuse for leaving this affair a mystery."
"Yes," replied my uncle, "we could make you an excuse-a valid and sound excuse: the excuse of incompetency." Mr. Esdale Moore laughed in his big, hearty voice.
"With your reputation, Abner, and that of Squire Randolph in Virginia, I should refuse to receive it."
"Alas," continued Abner, "we are no better than other men. A certain experience, some knowledge of the habits of criminals, and a little skill in observation are the only advantages we have. If one were born among us with, let us say, a double equipment of skull space, no criminal would ever escape him."
"He would laugh at us, Abner," said the Justice. "He would never cease to laugh," returned my uncle, "but he would laugh the loudest at the bungling criminal. To him, the most cunning crime would be a botch; fabricated events would be conspicuous patch-work, and he would see the identity of the criminal agent in a thousand evidences." He hesitated a moment; then he added:
"Fortunately for human society, the inconsistency of false evidence is usually so glaring that any one of us is able to see it."
"As in Lord William Russell's case," said the Justice, "where the valet, having killed his master in such a manner as to create the aspect of suicide, inadvertently carried away the knife with which his victim was supposed to have cut his own throat."
"Precisely," said Abner. "And there is, I think, in every case something equally inconsistent, if we only look close enough to find it."
He turned to Mr. Esdale Moore.
"With a little observation, sir, to ascertain the evidence, and a little common sense to interpret its intent, Randolph and I manage to get on."
The lawyer put a leading question.
"What glaring inconsistency did you find at Eastwood?" he said.
Abner looked at Randolph, as though for permission to go on. The Justice nodded.
"Why, this thing, sir," he answered, "that a secretary that was not locked should be broken open."
"But, Abner," said the lawyer, "who, but myself, knew that this secretary was not locked? It was the custom to lock it, although it contained nothing but my uncle's playing cards. As I told Randolph, on the day of my uncle's death I put the key down among the litter of papers inside the secretary, after I had opened it, and could not find it again, so I merely closed the lid. But I alone knew this. Everybody else would imagine the secretary to be locked as usual."
"Not everybody," continued my uncle. "Reflect a moment: to believe the secretary locked on this night, one must have known that it was locked on every preceding night. To believe that it was locked on this night because the lid was closed, one must have known that it was always locked on every preceding night when the lid was closed. And further, sir, one must have known this custom so well-one must have been so certain of it-that one knew it was not worth while to attempt to open the secretary by pulling down the lid on the chance that it might not be locked, and so, broke it open at once.
"Now, sir," he went on, "does this not exclude the theory that Duncan Moore was killed by a common burglar who entered the house for the purpose of committing a robbery? Such a criminal agent could not have known this custom. He might have believed the secretary to be locked, or imagined it to be, but he could not have known it conclusively. He could not have been so certain that he would fail to lay hold of the lid to make sure. One must assume the lowest criminal will act with some degree of intelligence."
"By Jove!" cried the attorney, striking the table, "I had a feeling that my uncle was not killed by a common thief! I thought the authorities were not at the bottom of this thing, and that is why I kept at Randolph, why I urged him to get you out to Eastwood Court."
"Sir," replied Abner, "I am obliged to you for the compliment. But your feeling was justified, and your persistence in this case will, I think, be rewarded.
"Nevertheless, sir, if you will pardon the digression, permit me to say that your remark interests me profoundly. Whence, I wonder, came this feeling that caused you to reject the obvious explanation and to urge a further and more elaborate inquiry?"
"Now, Abner," returned Mr. Esdale Moore, "I cannot answer that question. The thing was a kind of presentiment. I had a sort of feeling, as we express it. I cannot say more than that."
"I have had occasion," continued Abner, "to examine the theory of presentiments, and I find that we are forced to one of two conclusions: Either they are of an origin exterior to the individual, of which we have no reliable proof, or they are founded upon some knowledge of which the correlation in the mind is, for the moment, obscure. That is to say, a feeling, presentiment, or premonition, may be a sort of shadow thrown by an unformed conclusion.
"An unconscious or subconscious mental process produces an impression. We take this impression to be from behind the stars, when, in fact, it merely indicates the rational conclusion at which we would have arrived if we had made a strong, conscious effort to understand the enigma before us."
He drank a little tea and put the cup back gently on the table.
"Perhaps, sir, if you had gone forward with the mental processes that produced your premonition, you would have worked out the solution of this mystery. Why, I wonder, did your deductions remain subconscious?"
"That is a question in mental science," replied the lawyer.
"Is not all science mental?" continued my uncle. "Do not men take their facts in a bag to the philosopher that he may put them together? Let us reflect a moment, sir: Are not the primitive emotions-as, for example, fear-in their initial stages always subconscious, or, as we say, instinctive? Thus, a thousand times in the day do not our bodies draw back from danger of which we are wholly unconscious? We do not go forward into these perils, and we pass on with no realization of their existence. Can we doubt, sir, that the mind also instinctively perceives danger at the end of certain mental processes and does not go forward upon them?" The lawyer regarded my uncle in a sort of wonder. "Abner," he said, "you forget my activities in this affair. It is I who have kept at Randolph. What instinctive fear, then, could have mentally restrained me?"
"Why, sir," replied Abner, "the same fear that instinctively restrained Randolph and myself."
Mr. Esdale Moore looked my uncle in the face.
"What fear?" he said.
"The fear," continued Abner, "of what these deductions lead to."
Abner moved his chair a little nearer to the table and went on in a lower voice.
"Now, sir, if we exclude the untenable hypothesis that this crime was committed by an unknown thief, from the motive of robbery, what explanation remains? Let us see: This secretary could have been broken open only by some one who knew that it was the custom to keep it locked. Who was certain of that custom? Obviously, sir, only those in the household of the aged Duncan Moore."
The face of the lawyer showed a profound interest. He leaned over, put his right elbow on the table, rested his chin in the trough of the thumb and finger, and with his other hand, took a box of tobacco cigarettes from his pocket and began to break it open. It was one of the elegancies of that day.
Abner went on, "Was it a servant at Eastwood Court?"
He paused, and Randolph interrupted.
"On the night of this tragedy," said the Justice of the Peace, "all the Negroes in the household attended a servants' ball on a neighboring estate. They went in a body and returned in a body. The aged Duncan Moore was alive when they left the house, and dead when they returned."
"But, Randolph," Abner went on, "independent of this chance event, conclusive in itself-which I feel is an accident to which we are hardly entitled-do not our inferences legitimately indicate a criminal agent other than a servant at Eastwood Court?
"Sane men do not commit violent crimes without a motive. There was no motive to move any servant except that of gain, and there was no gain to be derived from the death of the aged Duncan Moore, except that to be got from rifling his secretary. But the one who knew so much about this secretary that he was certain it was locked, would also have known enough about it to know that it contained nothing of value." He hesitated and moved the handle of his cup. "Now, sir," he added, "two persons remain." The lawyer, fingering the box of cigarettes, broke it open and presented them to my uncle and Randolph. He lighted one, and over the table looked Abner in the face.
"You mean Northcote Moore and myself," he said in a firm, even voice. "Well, sir, which one was it?" My uncle remained undisturbed.
"Sir," he said, "there was at least a pretense of consistency in the work of the one who manufactured the evidences of a burglar. There was a window open in the north wing at the end of the long, many-cornered passage that leads through Eastwood Court to the room in the south wing where the aged Duncan Moore was killed. Now some one had gone along that passage, as you pointed out to Randolph when Eastwood Court was first inspected, because there were fingerprints on the walls at the turns and angles. These finger-prints were marked in the dust on the walls of the passage on the east side, but on the west side, beginning heaviest near Duncan Moore's room, the prints were in blood.
"These marks on the wall show that the assassin did, in fact, enter by this passage and return along it. But he did not enter by the open window. The frame of this window was cemented into the casement with dust. This dust was removed only on the inside. Moreover, violence had been used to force it open, and the marks of this violence were all plainly visible on the inside of the frame."
He stopped, remained a moment silent, and then continued;
"This corridor is the usual and customary way-in fact, the only way leading from the north wing of Eastwood Court to the south wing. Duncan Moore alone occupied the south wing. And, sir, on this night, Northcote Moore and yourself alone occupied the north wing. You were both equally familiar with this passage, since you lived in the house, and used it constantly." Abner paused and looked at Mr. Esdale Moore. "Shall I go on, sir?" he said.
"Pray do," replied the lawyer.
Abner continued, in his deep, level voice.
"Now, sir, you will realize why Randolph and I felt an instinctive fear of the result of these deductions, and perhaps, sir, why your subconscious conclusions went no further than a premonition."
"But the law of Virginia," put in the Justice, "is no respecter of persons. If the Governor should do a murder, his office would not save him from the gallows."
"It would not," said the lawyer. "Go on, Abner."
My uncle moved slightly in his chair.
"If the aged Duncan Moore were removed," he continued, "Northcote Moore would take the manor-house and the lands. For Esdale Moore to take the estate, both the aged Duncan Moore and the present incumbent must be removed. Only the aged Duncan Moore was removed. Who was planning a gain, then, by this criminal act? Esdale Moore or Northcote Moore?
"Another significant thing: Mr. Esdale Moore knew this secretary was unlocked on this night; Northcote Moore did not. Who, then, was the more likely to break it open as evidence of a presumptive robbery?
"And, finally, sir, who would grope along this corridor feeling with his hands for the corners and angles of the wall, one who could see, or a blind man?"
My uncle stopped and sat back in his chair.
The lawyer leaned over and put both arms on the table.
"Gentlemen," he said, since he addressed both Randolph and Abner, "you amaze me! You accuse the most prominent man in Virginia."
"Before the law," said the Justice, "all men are equal." The lawyer turned toward my uncle, as to one of more consideration.
"While you were making your deductions," he said, "I had to insist that you go on, for I was myself included. I wag bound to hear you to the end, although you shocked me at every step. But now, I beg you to reflect. Northcote Moore belongs to an ancient and honorable family. He is old; he is blind. Surely something can be done to save him."
"Nothing," replied the Justice firmly.
Abner lifted his face, placid, unmoving, like a mask. "Perhaps," he said.
The two men before him at the table moved with astonishment.
"Perhaps!" cried the Justice of the Peace. "This is Virginia!"
But it was the lawyer who was the more amazed. He had not moved; he did not move; but his face, as by some sorcery, became suddenly perplexed.
The tavern was now deserted; every one had gone back into the courthouse. The three men were alone. There was silence except for the noises of the village and the far-off hum of winged insects in the air. Mr. Esdale Moore sat facing north along the upper porch; Abner opposite; Randolph looking eastward toward the courthouse. My uncle did not go on at once. He reached across the table for one of the tobacco cigarettes. The lawyer mechanically took up the box with his hand nearest to the Justice of the Peace and opened the lid with his thumb and finger. Abner selected one but did not light it.
"Writers on the law," he began, "warn us against the obvious inference when dealing with the intelligent criminal agent, and for this reason: while the criminal of the lowest order seeks only to cover his identity, and the criminal of the second order to indicate another rather than himself, the criminal of the first order, sir, will sometimes undertake a subtle finesse-a double intention.
"The criminal of the lowest order gives the authorities no one to suspect. The criminal of the second order sets up a straw man before his own door, hoping to mislead the authorities. But the criminal of the first order sets it before the door of another, expecting the authorities of the state to knock it down and take the man behind it.
"Now, sir,"-my uncle paused-"looked at from this quarter, do not our obvious deductions lack a certain conclusiveness?
"If Northcote Moore were hanged for murder, Esdale Moore would take the manor-house and the landed estate. Therefore, he might wish Northcote Moore hanged, just as Northcote Moore might wish Duncan Moore murdered.
"And, if one were deliberately placing a straw man, would there be any inconsistency in breaking open a secretary obviously unlocked? The straw, sir, would be only a trifle more conspicuous!
"And the third deduction"-his gray eyes narrowed, and he spoke slowly: "If one born blind, and another, were accustomed to go along a passage day after day; in the dark, who would grope, feeling his way in the night, step by step, along the angles of the wall-the one who could see, or the blind man?"
The amazed Justice struck the tables with his clenched hand.
"By the gods," he cried, "not the blind man! For to the blind man, the passage was always dark!"
The lawyer had not moved, but his face, in its desperate perplexity, began to sweat. The Justice swung around upon him, but Abner put out his hand.
"A moment, Randolph," he said. "The human body is a curious structure. It has two sides, as though two similar mechanisms were joined with a central trunk-the dexter side, or that which is toward the south when the man is facing the rising sun, and the sinister side, or that which is toward the north. These sides are not coequal. One of them is controlling and dominates the man, and when the task before him is difficult, it is with this more efficient controlling side that he approaches it.
"Thus, one set on murder and desperately anxious to make no sound, to make no false step, to strike no turn or angle, would instinctively follow the side of the wall that he could feel along with his controlling hand. This passage runs north and south. The bloody finger-prints are all on the west side of the wall, the prints in the dust on the east side; therefore, the assassin followed the east side of the wall when he set out on his deadly errand, and the west side when he returned with the blood on him.
"That is to say," and his voice lifted into a stronger note, "he always followed the left side of the wall.
"Why, sir?" And he got on his feet, his voice ringing, his finger pointing at the sweating, cornered man. "Because his controlling side was on the left-because he was left handed!
"And you, sir-I have been watching you--"
The pent-up energies of Mr. Esdale Moore seemed to burst asunder.
"It's a lie!" he cried.
And he lunged at Abner across the table, with his clenched left hand.