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A Man of Honor
"You have Ewing's note? Why, what is it for?" asked Major Pagebrook in astonishment.
"Borrowed money," answered the doctor.
"Borrowed money? But how did he come to borrow it?"
"Well, the fact is Ewing got to playing bluff with Foggy one day just before he got sick, and Foggy fleeced him pretty badly, and I lent him the money to pay out with. He didn't want to owe it to Foggy, you know."
"Have you the note with you?" asked Maj. Pagebrook.
"No. It's in my office; but I can get it if you'd like to look at it."
"No; it's no matter, if you can tell me the date."
"It bears date November 19th, I think."
"Just one day after he came of age," said Maj. Pagebrook. "Well, I'll see about it, Charles," and with this the two gentlemen separated.
Major Pagebrook rode homeward, meditating upon the occurrences of the morning. He had determined to manage his own business hereafter without tolerating improper interference upon the part of his wife, and he was in position to do this, too, except with regard to the home plantation, which, as Ewing had informed Robert, was held in Cousin Sarah Ann's name. Major Pagebrook was a quiet man and a long-suffering one. He liked nothing so much as peace, and to keep the peace he had always yielded to the more aggressive nature of his wife. But he felt now that the time had come for him to assert his supremacy in business matters, and he determined to assert it very quietly but very positively. One point was as good as another, he thought, for the purpose, and this newly-discovered debt of Ewing's gave him an excellent occasion for the self-assertion upon which he had resolved. Several times of late he had mildly suggested to Cousin Sarah Ann the propriety of putting Ewing's papers into Billy Barksdale's hands for examination, so that the boy's affairs might be properly and legally adjusted. To every such suggestion Cousin Sarah Ann, who carried the key of Ewing's portable desk, had turned a deaf ear, saying that there were no debts one way or the other, and that she "wouldn't have anybody overhauling the poor boy's private papers." Now, however, Major Pagebrook had made up his mind to put the desk into Billy's hands without asking the excellent lady's consent.
"Don't take my horse, Jim," he said to his servant upon arriving at home, "I am going to ride again presently. Just tie him to the rack till I want him."
Going into the house, he met Cousin Sarah Ann, to whom he said:
"Sarah Ann, I will write my own letters and attend to my own business hereafter, and I'll thank you not to sign my name for me again. You have placed me in a very awkward position, and I can't explain it to anybody without exposing you. Understand me now, please. I will not tolerate any such interference in future."
Ordinarily Cousin Sarah Ann would have been ready enough with a reply to such a remark as this, but just now she was fairly frightened by her husband's tone and manner. She saw at a glance that he was in very serious earnest, and she knew him well enough to know that it would not do to provoke him further. She was always afraid of him, even when she was riding rough-shod over him. When he seemed most submissive and she most aggressive, she was in the habit of scanning his countenance very carefully, as an engineer watches his steam gauge. When she saw steam rising, she usually had the safety valve – a flood of tears – ready for immediate use. Just now she saw indications of an explosion, which appalled her, and she dared not face the danger for a moment. Without reply, therefore, she sank, weeping, into the nearest chair, while her husband walked into her room, opened her wardrobe, and took from it the little desk in which his son's letters and papers were locked. Coming back to her he said:
"I will take the key to this desk, if you please."
She looked up with a frightened countenance, and asked:
"What for?"
"I want to open the desk."
"What are you going to do with it?"
"I'm going to put it into my lawyer's hands."
"Wait then. I must look over the papers first."
"No; Billy will do that."
"But there's some of mine in it, private ones."
"It doesn't matter. Billy will sort them and return yours to you."
"But he sha'n't look at my papers."
"Give me the key, Sarah Ann."
"I can't. It's lost."
"Very well, then," said he, taking his knife from his pocket, breaking the frail lock, and walking out of the house without another word.
Cousin Sarah Ann was thoroughly overcome. She knew that her husband had received the reply to her letter, which she had meant to receive herself, and she knew too that her mastery over him was at an end, for the present at least. Worse than all, she knew that the desk and its contents would inevitably go into Billy Barksdale's hands, and she had her own reasons for thinking this the sorest affliction possible to her. There was no help for it now, however, and she could do nothing except throw herself on her bed and shed tears of bitter mortification, vexation, and dread.
Meanwhile Major Pagebrook galloped over to Shirley, with the desk under his arm. The conversation already reported between Billy and Miss Sudie, was hardly more than finished when he dismounted and walked into the young lawyer's office.
He opened his business by telling Billy about the note held by Dr. Harrison.
"I don't understand it," he said. "Harrison says the note is dated November 19th, which was just one day after Ewing came of age, and I remember that Ewing was taken sick on the morning of his birthday – very sick, as you know, and never left his bed afterwards."
"When was Ewing at the Court House last?" asked Billy.
"Not since the day Robert left."
"Did he owe Harrison any money that you know of?"
"No; but Harrison says Foggy won that much from him, and he had to borrow to pay it."
"You are sure, however, that Ewing could not possibly have had a chance to sign the note after he came of age?"
"Of course he couldn't. He was delirious from the very first, and we never left him."
"I think I see how it is," said Billy. "Foggy and Charley Harrison are too intimate for any straight dealings. I reckon Charley was as deeply interested in the winnings as Foggy was, but they have made Ewing execute the note to Charley for money borrowed to pay Foggy with so that it would be legally good. They made him date it ahead, too, so that it would appear to have been executed after Ewing came of age. They didn't anticipate his sickness, and they haven't thought to compare dates. I think we can beat them this time, when they get ready to sue."
"But we mustn't let them sue, Billy," said Major Pagebrook. "I would never consent to plead the baby act or to get out of it by any legal quibble if the signature is genuine, as I reckon it is. That wouldn't be honorable. No, I shall pay the note off; and I only want to know whether I must charge it to Ewing's estate or not, after taking out administration papers. If I can, I ought to, in justice to the other children. If I can't, I must pay it myself. Look into it, please, and let me know about it. I have brought you Ewing's desk, so you can look over all his papers and attend to all his affairs for me. I want to get everything straight." So saying he took his leave.
CHAPTER XXIX.
Mr. Barksdale, the Younger, Goes upon a Journey
Not until the next morning did Mr. Billy find time to examine the papers in Ewing's desk. Indeed, even then he deemed the matter one of very little consequence, inasmuch as the papers, whatever they might happen to be, were probably of no legal importance, being of necessity the work of a minor. There might be memoranda there, however, and possibly a will disposing of personal property, which, under the law of Virginia, would be good if executed by a minor over eighteen years of age.
In view of these possibilities, therefore, Billy sat down to the task of examining the papers, which were pretty numerous, such as they were. After awhile he became interested in the very miscellaneousness of the assortment. Little memoranda were there – of the date on which a horse had been shod; of the amount paid for a new pair of boots; of the times at which the boy had written letters to his friends, and of a hundred other unimportant things. There were bits of poor verse, too, such as may be found in the desk of almost every boy. Old letters, full of nothing, were there in abundance, but nothing which could possibly be of any value to anybody. On all the letters, except one, was marked, in Ewing's handwriting, "To be burned without reading, in case of my death." The one exception attracted Billy's attention, and opening it, he was surprised to find Robert Pagebrook's name appended to it. It was, in fact, the letter which Cousin Sarah Ann had opened during her son's last illness. After reading it Mr. Billy sat down to think. Presently, looking at his watch, he went to the door and called a servant.
"Go and ask your Miss Sudie to put two or three shirts, and some socks and handkerchiefs into my satchel for me, and then you go and tell Polidore to saddle Graybeard and the bay, and get ready to go with me to the Court House directly. Do you hear?"
The servant made no answer to the question with which Mr. Billy closed his speech. Indeed that gentleman expected none. Virginians always ask "do you hear?" when they give instructions to servants, and they never get or expect an answer. Without the question, however, they would never secure attention to the instruction. To say, "do so and so," without adding, "do you hear?" would be the idlest possible waste of words on the part of any one giving an order to the average Virginian house servant.
Mr. Billy was in the habit of making sudden journeys on business, without giving the slightest warning to the family except that contained in a request that his satchel or saddle-bags be packed, so that Miss Sudie was not in the least surprised when his present message came to her. She was surprised, however, when, instead of riding away without a word of farewell, as he usually did, he came into the house, and, kissing her tenderly, said:
"Keep your spirits up, Sudie, and don't let things worry you too much. I'm going to Richmond on the two o'clock train, and don't know how long I'll be gone. Good-by, little girl," and he kissed her again. All this was quite out of character, Miss Sudie felt. Billy was affectionate enough, at all times, but he detested leave-takings, and always avoided them when he could. To seek one was quite unlike him, and Miss Sudie was puzzled to know what prompted him to do it on this particular occasion. He rode away, however, without offering any explanation whatever.
Mr. Billy went to Richmond, as he had said he intended doing, but he did not remain there an hour. He went to the cashier of a bank, a gentleman with whom he was well acquainted, got from him a letter of introduction to a prominent man in Philadelphia, and left for that city on the first train.
Arriving in Philadelphia about nine o'clock the next day, Mr. Billy ate a hasty breakfast and proceeded to the little collegiate institute in which Robert had once been a professor, as the reader will remember. Introducing himself to President Currier he asked for a private interview, and was invited for the purpose into Dr. Currier's inner office.
"I believe, doctor," he said, after telling that gentleman who he was, "that there was something due Professor Pagebrook on his salary at the time his connection with this college terminated, was there not?"
"Yes, sir; there was about three hundred dollars due him, if I remember correctly, but it has been paid, I think."
"Have you any way of ascertaining precisely how and when?" asked Billy.
"Yes; my own letter-book should show. Let me see," turning over the leaves, "Ah, here it is. A draft for the amount was sent to him by letter on the eighth of November, addressed to – Court House, Virginia."
"Thank you," said Billy. "The draft, I suppose, was regular New York Exchange?"
"Of course."
"Would you mind telling me from what bank you bought it, and to whose order, in the first place, it was made payable? Pardon my asking such questions, but I need this information for use in the cause of justice."
"O you need offer no apology, I assure you, sir," returned the president. "I have nothing to conceal in the matter. The draft was drawn by the Susquehanna Bank, and to my order, I think. Yes, I remember indorsing it."
"Thank you, sir," said Billy. "You are very courteous, and I am indebted to you for information which I should have found it difficult to get from any other source. Good morning, sir."
Leaving the college, which was situated in one of the suburbs, Mr. Billy took a carriage and drove into the city. There he delivered his letter of introduction, and secured from the gentleman to whom it was addressed a personal introduction to the cashier of the Susquehanna Bank. To this latter person he said:
"I am looking up evidence in a case, and, if I am not greatly mistaken, you can help me in an effort to set a wrong right. On the eighth of last month you sold a draft on New York for three hundred dollars, payable to the order of David Currier. Now, in the ordinary course of business I suppose that draft has been returned to you after payment."
"Yes, if it was paid before the first of the month. We settle with our New York correspondents once a month. I'll look at the last batch of returned checks and see."
"Thank you. I should be glad to see the indorsements on the paper, if possible."
The cashier went to the vault, and returning with a large bundle of canceled checks soon found the one wanted. Billy turned it over and examined the indorsements on the back. Then, turning to the banker, he asked:
"Would it be possible for me to get temporary possession of this draft by depositing the amount of its face with you until its return?"
"You merely wish it for use in evidence?" asked the banker.
"That's all," said Billy.
"You can take it, then, without a deposit, Mr. Barksdale. It is of no value now, but we usually keep our canceled exchange, so I shall be obliged if you will return this when you've done with it."
This was precisely what Robert had come to Philadelphia to secure, and after finding what the indorsements on the draft were, he would willingly have paid its face outright, if that had been necessary, to get possession of it.
Who knows what the value of a bit of writing may be, even after its purpose has to all appearance been fully answered? I know a great commercial house in which it is an inexorable law that no bit of paper once written on in the way of business shall ever be destroyed, however valueless it may seem to be; and on more than one occasion the wisdom of the rule has been strikingly made manifest. So it was with this paid, canceled, and returned draft. Worthless in all eyes but his, to Billy it was far more precious than if it had been crisp and new, and payable to his own order.
CHAPTER XXX.
The younger Mr. Barksdale Asks to be put upon His Oath
It was nearly noon when the train which brought Billy Barksdale back from Philadelphia stopped at the Court House, and that young gentleman went from the station immediately to the court room, where the Circuit Court, as he knew, was in session.
"Has the grand jury been impaneled yet?" he asked the commonwealth's attorney.
"Yes; it has just gone out, but as usual there is nothing for it to do, so it will report 'no bills' in an hour or so, I reckon."
"Have me sworn and sent before it then," said Billy. "I think I can put it in the way of finding something to do."
The official was astonished, but he lost no time in complying with the rather singular request. Billy went before the grand jury, and remained there for a considerable time. This was a very unusual occurrence in every way, and it quickly produced a buzz of excitement in and about the building. There was rarely ever anything for grand juries to do in this quiet county, and when there was anything it usually hinged upon some publicly known and talked of matter. Everybody knew in advance what it was about, and the probable result was easy to predict. Now, however, all was mystery. A prominent young lawyer had been sworn and sent before the grand jury at his own request, and the length of time during which he was detained there effectually dispelled the belief which at first obtained, that he merely wanted to secure the presentment of some negligent road overseer. Even the commonwealth's attorney could not manage to look wise enough, as he sat there stroking his beard, to deceive anybody into the belief that he knew what was going on. The minutes were very long ones. The excitement soon extended beyond the court house, and everybody in the village was on tiptoe with suppressed curiosity. The court room was full to overflowing when Billy came quietly out of the grand jury's apartment and took his seat in the bar as if nothing out of the ordinary course of affairs had happened.
It did not tend to allay the excitement, certainly, when the deputy sheriff on duty at the door of the jury room beckoned to the commonwealth's attorney and that gentleman went up-stairs three steps at a time, disappearing within the chamber devoted to the secret inquest and remaining there. When half an hour later Major Edwin Pagebrook was called, sworn and sent up as a witness, wild rumors of a secret crime among the better classes began to circulate freely in the crowd, starting from nowhere and gradually taking definite shape as they spread from one to another of the eager villagers.
The excitement was now absolutely painful in its intensity, and even the judge himself began walking restlessly back and forth in the space set apart for the bench.
When Major Pagebrook came out of the room with a downcast face he went immediately home, and Rosenwater, a merchant in the village, was called. When he came out, distinct efforts were made to worm the secret from him. He was mindful of his oath, however, and refused to say anything.
Finally the members of the grand jury marched slowly down stairs, and took their stand in front of the clerk's desk.
"Poll the grand jury," said the judge. When that ceremony was over, the question which everybody in the building had been mentally asking for hours was formulated by the court.
"Gentlemen of the grand jury, have you any presentments to make?"
"We have, your honor," answered the foreman.
"Read the report of the grand jury, Mr. Clerk."
The official rose and after adjusting his spectacles very deliberately, read aloud:
"We, the grand jury, on our oaths present Dr. Charles Harrison and James Madison Raves, for forgery and for a conspiracy to defraud Edwin Pagebrook, on or about the tenth day of November in this present year within the jurisdiction of this honorable court."
The crowd was fairly stunned. Nobody knew or could guess what it meant. The commonwealth's attorney was the first to speak.
"As the legal representative of the commonwealth, I move the court to issue a warrant for the arrest of Charles Harrison and James Madison Raves, and I ask that the grand jury be instructed to return to their room and to put their indictments in proper form."
The two men thus accused of crime being present in court were taken in charge by the sheriff.
"If the commonwealth's attorney has no further motions to make in this case," said the judge, "the court will take a recess, in order to give time for the preparation of indictments in due form."
"May it please the court," said the official addressed, "I have only to ask that your honor will instruct the sheriff to separate the two prisoners during the recess. I do not know that this is necessary, but it may tend to further the interests of justice."
"The court sees no reason to refuse the request," said the judge. "Mr. Sheriff, you will see that your two prisoners are not allowed to confer together in any way until after the reassembling of the court, at four o'clock."
CHAPTER XXXI.
Mr. William Barksdale Explains
Precisely what Dr. Harrison's emotions were when he found himself in the sheriff's hands, nobody is likely ever to know, as that gentleman was always of taciturn mood in matters closely concerning himself, and on the present occasion was literally dumb.
With Foggy the case was different. He was always a prudent man. He was not given to the taking of unnecessary risks for the sake of abstract principles. He made no pretensions to the possession of heroic fortitude under affliction, and he had no special reputation for high-toned honor to lose. The clutch of the law was to him an uncomfortable one, and he was prepared to escape it by any route which might happen to be open to him. This disposition upon his part was an important factor in the problem which Billy had set out to solve. He knew Foggy was a moral coward, and upon his cowardice he depended, in part, for the success of his undertaking.
As soon as court adjourned the commonwealth's attorney requested the members of the grand jury to make themselves as comfortable as might be while he should be engaged in the preparation of formal indictments against the two prisoners. Going then to his office he closeted himself with Billy Barksdale, who had preceded him thither by his request.
"You'll help me with this prosecution, won't you Billy?" he asked.
"With as good a will as I ever carried to a fish fry," said Billy.
"Well, then," said the attorney, "tell me just how the thing stands. I confess I'm all in a jumble about it. Begin at the beginning and tell the whole story. Then we'll know where we stand and how to proceed."
Accordingly Billy recounted the history of the protested draft; the promise to pay; its nonfulfillment and the trouble which ensued. He then continued:
"My suspicions as to the real facts of the case were aroused by accident. Maj. Pagebrook consulted me a few days ago about a note signed by Ewing Pagebrook, drawn in favor of Charley Harrison, which, Harrison said, had been given him when he advanced money to Ewing with which to pay a gambling debt to Foggy. That note was evidently dated ahead, as it bore date of November 19th, one day after Ewing attained his majority, when, in fact, the boy was taken ill on the morning of his twenty-first birthday, and never left his bed afterwards. This confirmed me in the belief that Foggy and Harrison were confederates in their gambling operations. They fleeced the boy, and then had him borrow the money with which to pay from Harrison, and give a note for it, so as to make the consideration good; and they took pains to have him date it ahead, so as to get rid of the minority trouble. This by itself would have amounted to nothing, but in looking over Ewing's papers I found a letter there from Bob Pagebrook, which I happened accidentally to know was received during Ewing's illness. Here it is. I'll read it.
"'My Dear Ewing: – I can not tell you how grieved I am at the news your letter brings me. I can ill afford to lose the three hundred dollars which I intrusted to you to hand to your father, and even if you do make it good when you come of age, as you so solemnly promise me you will, I am, meanwhile, placed in a very awkward position with regard to it. I promised your father to pay him that money by a certain day, and was greatly pleased, as you know, when, upon arriving at the Court House on my way north, I found the remittance awaiting me there, as it enabled me to make the payment in advance of the time agreed upon. When I, in my haste to catch the train, gave you the check to give to your father, I dismissed the subject from my mind, and set about the work of repairing my fortunes with a light heart, little thinking that matters would turn out as they have.
"'But while I am sorely annoyed by the fact that this may place me in an awkward position, I am willing to trust my reputation in your hands. Remember that you are now bound in honor, not merely to pay this money as soon as you shall attain your majority, but also to protect me from undeserved disgrace by frankly stating the facts of the case to your father in the event of his entertaining doubts of my integrity. This much you are in honor bound to do in any case, and you have also given me your word that you will do it. If your father shall seem disposed to think me not unduly dilatory in the matter of payment, you need tell him nothing. You may spare yourself that mortification, send me the money, and I will remit it to him, merely saying that unavoidable circumstances which I am not at liberty to explain have prevented the earlier payment which I intended to make.