Phoebe Daring

“And Sam Parsons – Toby’s friend – has put him in jail?”

“Yes; he was obliged to do that, you know.”

Phoebe was gradually recovering her composure.

“He can be bailed out, I suppose,” she suggested.

Mr. Spaythe turned to the lawyer.

“That is what I have come to see you about, Mr. Holbrook,” he said. “Since this remarkable development in the matter of the missing box, I shall be obliged to employ counsel. I would like to engage you to defend Toby Clark.”

The young man bowed.

“I am fortunate, sir, to have so important a case brought to me so early in my career,” he replied. “I will do my best for your protegè, I assure you.”

“Toby Clark is no protegè of mine,” declared the banker sternly. “But,” he added, more mildly, “he was Judge Ferguson’s protegè and I believe the boy incapable of this alleged theft. Therefore I propose he shall be properly defended. I will be personally responsible for your fee, Mr. Holbrook.”

“That is quite satisfactory to me, sir.”

“But about the bail,” cried Janet impatiently. “We cannot allow Toby to remain in that dreadful jail!”

“The county seat is at Bayport,” observed the lawyer. “We have no judge here who is authorized to accept bail for an accused criminal. Toby Clark must be taken to Bayport for a preliminary hearing, at which I will appear in his behalf, instruct him to plead not guilty and then demand his release on bail. If you will drive over with me, Mr. Spaythe, I’ve no doubt the bail can be easily arranged.”

“When will his case be tried?” asked the banker.

“The next term of court is the first week in December. The trial will of course be at Bayport.”

“What a long time to wait!” exclaimed Janet.

“Never mind; it will give us time to discover the real criminal,” said Phoebe decidedly. “In that event Toby’s case will never be tried.”

Mr. Spaythe nodded. Then he shifted uneasily in his chair a moment and asked:

“Ought we to employ a detective, Mr. Holbrook?”

“Of course!” said Phoebe. “That is the first thing to be done.”

“Pardon me, Miss Daring,” returned the lawyer seriously, “I think that should be reserved as our final resource. Riverdale is so small a place that the movements of every inhabitant may easily be traced. I believe I possess some small talent in the detective way myself – a good criminal lawyer ought to be a good detective, it is said – so if Clark is really innocent it ought not to be difficult to discover the real criminal.”

“I don’t like that ‘if,’ Mr. Holbrook,” said Phoebe resentfully.

The young man flushed again. It seemed to be one of his characteristics to change color, on occasion, and he was aware of this failing and evidently annoyed by it. At Phoebe’s remark he bit his lip and hesitated a moment. Then he replied with dignity:

“The ‘if’ was not intended to condemn your friend, Miss Daring. Even the law holds him innocent until he is proved guilty. But you must remember that Toby Clark is a perfect stranger to me and perhaps you will admit that circumstantial evidence is at present against him. The box was found on his premises, it seems, and he had the keys to this office at the time of Judge Ferguson’s death. Even before there was a rumor that anything was missing from the place I urged the boy to get rid of the key – merely as a matter of ordinary precaution.”

“I know that is true,” said Mr. Spaythe. “When Toby brought the key to me he said you had advised him to do so.”

“Still,” continued the lawyer reflectively, “the circumstantial evidence, while it might influence a jury, can have no effect upon those who know the boy’s character and believe in his honesty. The thing for me to do, if I undertake this case, is first to discover who knew of Mrs. Ritchie’s box – ”

“Why, everybody, nearly, knew of it,” said Phoebe. “She’s a queer old creature and, having used the judge for a banker, was constantly coming to him to deposit money or to get it from her box. I’ve no doubt she imagined it was a secret, but Mrs. Ritchie’s box was a matter of public gossip.”

“The next thing,” continued Mr. Holbrook quietly, “is to discover who were Toby Clark’s enemies.”

“I don’t believe he had one in Riverdale,” asserted Phoebe.

“The real criminal placed the rifled box on Toby Clark’s premises, where if found it would implicate him in the theft. No one but an enemy would have done that,” declared the young man, but he spoke argumentatively and there was not an earnest ring to his words. “Then,” he resumed, “we must watch and see what citizen has suddenly acquired money. There are no professional burglars in Riverdale, I imagine, so the thief will be unable to resist the temptation to use some of the stolen money. Really, Mr. Spaythe, the case is so simple that I am positive we shall have no need of a detective. Indeed, a detective in town would be quickly recognized and his very presence would defeat us by putting the criminal on guard. Let us proceed quietly to ferret out the mystery ourselves. I already feel reasonably certain of success and, when I have interviewed Toby Clark, which I shall do at once, he will perhaps be able to furnish us with a clew.”

This logical reasoning appealed to Mr. Spaythe and silenced even Phoebe’s objections. The girls left the office filled with horror of the cowardly charge brought against the poor boy they had so earnestly sought to aid.

On their way home Janet said:

“Of course this will prevent Mr. Holbrook from carrying out his agreement, for until Toby’s innocence is proved we cannot expect anyone to give him employment.”

“Why not?” asked Phoebe, who was trembling with nervous excitement. “Do you suppose anyone in Riverdale would doubt Toby’s honesty, just because that miserable Abner Kellogg and old Mrs. Ritchie accuse him? I think it would be a clever thing for Mr. Holbrook to take him into his office at once. It would make the lawyer lots of friends.”

“Perhaps that is true,” answered Janet doubtfully; “but Mr. Holbrook can’t be expected to believe in Toby as implicitly as we do. He may think it would injure his reputation to employ one accused of stealing. If he did, we could not blame him.”

Phoebe made no reply. Parting from Janet at the gate she ran into the house and straight to Cousin Judith’s room, where she first had a crying spell and then related the startling incidents of the morning.

The Little Mother was greatly shocked and quite as indignant as Phoebe had been. But she tried to comfort the girl by assuring her that Toby would be proved innocent.

“I think Mr. Spaythe was fortunate in securing Mr. Holbrook to defend Toby,” she added. “As this is his first case, it will be an opportunity for him to make a fine reputation in Riverdale by winning it, and as he seems a young man of ability and judgment we may depend on his doing his utmost and in the end clearing Toby triumphantly.”

That didn’t seem to reassure Phoebe.

“I think Mr. Holbrook has both ability and judgment,” she agreed. “He impressed me as being a very clever young man – too clever to be altogether trusted.”

“Oh, Phoebe!”

“He looks honest, and talks honest,” the girl went on, “but there’s something about him – his manner or his smile; I don’t know what – that makes me think he is not sincere.”

Judith looked at her thoughtfully.

“Nevertheless,” she rejoined, “it is to his interest to free his client, and from what you say he already believes that he can do so.”

“I didn’t like several things he said,” remarked Phoebe. “Once he said ‘if’ Toby was innocent – just as if there could be any doubt about it! – and he wouldn’t allow Mr. Spaythe to send to the city for a detective.”

“He may be wise in that,” affirmed Judith. “Doubtless he prefers to wait and see what the next few days develop. If he is able to solve the mystery himself it will be best to keep a detective out of it. The detective would be a stranger, you know, and at their best detectives are not infallible.”

Phoebe sighed.

“What a cruel thing for Mrs. Ritchie to do!” she said. “And just when Janet and I had settled Toby’s affairs so nicely and obtained for him just the position he would have liked best.”

The Little Mother smiled.

“Was I wrong to promise that we would pay Toby’s wages?” asked Phoebe quickly.

“No, dear; I would have agreed to your plan very willingly. But it was placing Mr. Holbrook in a rather delicate position, after his confession to you of his poverty, don’t you think?”

“Perhaps so,” said the girl. “But he took it very nicely. He seems gentlemanly and kind, Cousin Judith. I can’t say why I don’t wholly trust him. Janet thinks he acted splendidly and I imagine she is quite interested in her father’s successor. I don’t dislike him, myself, you know; only, until I’ve seen more of him, I can’t exactly trust him.”

“We cannot expect to find one able to fill Judge Ferguson’s place,” observed Judith regretfully.

There was great excitement among the young Darings when they came rushing home from school. The news of Toby’s arrest had spread like wildfire throughout the village and the inhabitants of Riverdale were at first generally indignant and inclined to think that Toby Clark was being unjustly persecuted. When the details were learned, however, and it was known that Mrs. Ritchie’s blue box, battered and empty, had been found just back of Toby’s shanty, there were some who began to believe in the boy’s guilt, while others stoutly defended him.

The following morning, at the request of Lawyer Kellogg, an officer was sent over from Bayport who, in conjunction with Sam Parsons, the Riverdale constable, made a thorough search of Toby Clark’s tumble-down house. It was so poor a place that the door was not even locked. There were but two rooms; that at the front, where Toby cooked and slept, and a little den at the back, which contained only a few bits of broken, cast-off furniture and some boxes and barrels. In this back room, concealed beneath a pile of old newspapers, the officers found a bundle of mortgages and other documents, the property of Mrs. Ritchie and which were of no value to anyone but their owner. The money and bonds, however, could not be found.

Armed with this fresh evidence against the prisoner the officers of the law went to the jail and urged the boy to confess.

“Tell the truth,” said Jardyce, the Bayport policeman, “and the chances are you’ll get a light sentence. It is foolish to continue to deny your guilt.”

Toby, quite broken and despondent, for he felt deeply the disgrace of his accusation and arrest, stared at the officer in wonder.

“Are you sure you found those papers in my room?” he asked.

“There is no doubt of it.”

“Then some one else put them there. Who do you suppose it could be, Sam?” inquired Toby, addressing Parsons, the constable, who had always been his friend.

“Can’t imagine,” was the gruff reply; then, noting Toby’s appealing look, he turned to the Bayport man and added: “There’s something crooked about this thing, Jardyce. I know, as well as I know anything, that Toby Clark had nothing to do with stealing that box.”

“In spite of the evidence?”

“Bother the evidence! You know, an’ I know, that lots of evidence is cooked up.”

“Yes, that’s true. I will say this,” continued the policeman, thoughtfully, “that after a long experience with crooks of all sorts, this boy don’t impress me as being guilty. But the evidence is mighty strong against him, you’ll admit, and the chances are a jury will convict him without argument. Too bad, if he’s innocent; but many an innocent man is serving time because he couldn’t explain away the circumstantial evidence against him.”

CHAPTER VII

HOW TOBY FOUND A FRIEND

The discovery of the incriminating papers cost Toby the confidence of many of his fellow townsmen. Popular opinion had been about evenly divided, before that, but it was hard to argue innocence in the face of such adverse evidence. Yet, even while conceding the boy’s guilt, the Riverdale people were regretful and grieved rather than condemnatory.

“Ye see, it’s this way,” said Tom Rathbun the grocer to a crowd that had gathered in his store; “Toby’s a nice little chap an’ has tried to be honest. But he comes of bad stock; his father owed me seven dollars when he died an’ his mother were addicted to drink, as you’ll all remember. ’Tain’t to be wondered at that with such parents Toby inherited some desprit bad failin’s, an’ when the jedge died, an’ the boy’s fat job was killed, he jes’ natcherly yielded to the temptation to take Mrs. Ritchie’s box, knowin’ it were full o’ money. Seems like if the jedge had lived Toby’d ’a’ kep’ himself honest, an’ growed up to be a decent man; but when he lost his best friend he backslid an’ got caught at it.”

Rathbun’s expression voiced the sentiment of the majority, although a few staunch friends refused to admit the evidence against Toby Clark. Perhaps the boy’s most bitter condemnation came from Dave Hunter, the young telegraph operator, who seemed certain of Toby’s guilt and proclaimed his conviction everywhere and on every occasion.

Lawyer Kellogg was jubilant over his success in “landing his bird at the first shot,” as he proudly stated, and swaggered more pompously than ever. Mrs. Ritchie, however did not congratulate him. The woman seemed terribly nervous over the missing contents of her box and rated her lawyer for not recovering them. One important paper, especially, had disappeared, she claimed, and she laid more stress on Kellogg’s finding that than on finding her money and bonds, although she was notoriously careful of her money.

“Drat the mortgages an’ deeds!” she cried angrily; “no one could turn ’em into money if they tried; it’s the negotiable stuff I want. An’ you’ve got to get it, Abner Kellogg. The boy ain’t had a chance to spend the money, or sell the bonds, an’ there’s no reason you can’t make him give ’em up. Whatever else you do, though, you’ve got to find that other paper. I want it, an’ I’m goin’ to have it! We’ve got the thief, all right, so why don’t you get back my property?”

“I can’t, just yet,” protested Kellogg. “The money is not on Toby’s person and he won’t tell where he’s hid it. But be calm, Mrs. Ritchie; be calm and trust to me. When the case comes to trial I know a way to make Clark confess, and I’ll get every cent of your money and the missing paper, I promise you.”

“I don’t trust you,” declared the old woman. “I think you’re as big a villain as Toby Clark. I hired you ’cause you agreed to catch the thief and get my property back or you wouldn’t charge a cent. I made you sign that agreement in black an’ white.”

“Quite true, Mrs. Ritchie; but give me time. I’ve got the thief, and I’ve recovered part of your property! Give me time and I’ll get the money and the bonds. The boy can’t spend anything while he’s in jail and sooner or later he’ll confess where he’s hid the stuff.”

“If you hadn’t caught the thief,” rejoined Mrs. Ritchie, savagely, “I could have held the Fergusons responsible. Now they’re out of it and if you don’t get the money from Toby it’s gone for good. I want that paper, too.”

“Don’t worry; I’ll get it all; give me time,” repeated the lawyer.

Mr. Holbrook, on the other side of the case, was proceeding very leisurely. Orders had been received to have the prisoner brought to Bayport for a preliminary examination, and soon after Sam Parsons had left the jail with his charge, taking him in a buggy over to the county seat, the young lawyer and Mr. Spaythe started for the same place in the banker’s automobile with Eric Spaythe, the banker’s only son, acting as driver.

“This latest discovery looks very black for our client,” remarked Holbrook, as they sped over the smooth country road.

“Do you refer to the finding of those papers?” asked Mr. Spaythe.

“Of course, sir. It’s rather damning evidence.”

“I cannot see that it is any worse than the finding of the box,” asserted the banker.

“It fastens the accusation more firmly,” Holbrook stated. “With us it can have no effect, but others will be likely to condemn our client on the strength of such conclusive proof.”

“I do not care what others think,” said Mr. Spaythe.

“No; I was referring solely to the jury that will try him. These jurors will be drawn from the entire county, and some will not be intimately acquainted with Toby Clark or have any confidence in his record for probity.”

“Whoever placed the box in Toby’s yard placed the papers in his room,” asserted Eric, speaking for the first time. “The place was never locked, and as the real thief wanted to get rid of such dangerous property there was no better place in all Riverdale to hide it in than Toby’s shanty.”

“I shall use that argument in my defense,” remarked the young lawyer in a careless tone that annoyed Eric.

“I trust this case will never come to trial,” resumed Mr. Spaythe after a pause. “What steps are you taking to discover the criminal?”

“My first idea was to prove an alibi for Clark, but that I am unable to do. He was twice seen entering Judge Ferguson’s office, the day following his death. I myself found him there when I went to look at the rooms with Chandler the postmaster. When the boy left the place the second time he carried under his arm a parcel large enough to contain Mrs. Ritchie’s box. Finding that Kellogg had unearthed this fact and would use it in evidence, I went to see Toby about it. He tells me it was a package containing his personal books and possessions, which he was removing from the office. I believe this statement, for he had the package in plain sight when he carried the key to you, at your house.”

“I remember,” said Mr. Spaythe.

“But several others saw and noticed the package, and I understand that all of these will be subpœnaed as witnesses at the trial.”

“But about the guilty one – the person who actually took the box from the office – have you any suspicion as to his identity?”

Mr. Holbrook was lighting a cigarette and took time to answer.

“Not as yet, sir. But I shall begin a thorough investigation in the near future and try to secure a clew to guide me to success.”

“We ought to have had a detective,” grumbled Eric, but Mr. Holbrook ignored the remark.

At this moment they swung around a bend and overtook the buggy in which the constable and Toby Clark were seated. They seemed to be chatting together in a friendly manner and as the automobile passed them Eric cried out:

“Cheer up, Toby! There’s nothing to worry about.”

Toby nodded. He did not look like a thief. His eyes were still twinkling as of old and his cheeks were fresh and rosy. He had no smile for his friend’s greeting, for the accusation against him was very serious, but neither did he wear a hang-dog expression nor seem confused.

“I want you to work earnestly on this case,” said Mr. Spaythe, when they had passed beyond hearing. “Toby Clark must be cleared of the unjust charge, and the only way to do it is to discover who is actually guilty. I depend upon you, Mr. Holbrook, to do that, and without any waste of time.”

Holbrook colored red and waited a moment before he replied.

“I realize,” said he, with deliberation, “that my reputation as a lawyer depends upon my success in this, my first case in Riverdale. Unless Toby Clark is actually guilty, and is proved so without question, I shall lose the confidence of the community by not fastening the guilt on the real criminal. Therefore you may rest assured that I shall do everything in my power to vindicate my client. I cannot now confide to you the various processes I intend to employ, for that would be unwise; but I am conversant with the latest scientific methods of criminal detection, having made them a study for years, and I do not think they will fail me in the present case. If they do, I must stand the consequences, which will not be less severe for me than for my client.”

Eric gave a scornful grunt, the speech was so evidently conciliatory and noncommittal, but Mr. Spaythe forbore any comment.

The preliminary hearing was brief. The judge knew Mr. Spaythe and gave him a seat beside his desk. He had heard of Mr. Holbrook, the new Riverdale lawyer, but now met him for the first time.

Lawyer Kellogg, fat and pig-eyed, presented his evidence against the prisoner with an air of triumph that was distinctly aggravating to the defense. The judge listened carefully, noting each point made on his memoranda. Then Mr. Holbrook, speaking for the prisoner, pleaded “not guilty” and asked that a reasonable amount of bail be fixed until the case came to trial. The judge frowned and considered.

“The offense, if proved, is serious,” said he, “and the missing money and bonds alone amount to many thousands of dollars in value. The evidence is so strong and the accused so young and irresponsible, that I hesitate to fix bail in this case and prefer to remand the prisoner to the county jail to await his trial.”

Kellogg grinned and rubbed his hands together gleefully. But Mr. Spaythe, in his quiet way, leaned over the desk and said:

“I hope, Judge, you will reconsider that decision. This boy is very dear to many in Riverdale, where he is thoroughly respected. I myself have a strong personal interest in his welfare and believe that in spite of the evidence just presented to you he will be proved innocent. To allow him to languish in jail for two months or more, only to discover that he has been falsely accused, would be a grave injustice. Therefore I am prepared to furnish his bail in whatever sum you demand.”

“Ah,” said the judge, “that alters the case. Five thousand dollars.”

Mr. Spaythe signed the bond and then turned to Toby.

“You are to ride back with us,” he said, “for I want you to come to my house and make it your home until this cloud has been removed from your good name – as it surely will be, in time.”

Toby’s eyes filled with tears.

“You are very kind, Mr. Spaythe,” he replied brokenly, “but until I can prove my innocence to the world I have no right to go to your house. I’ll go – home – and work this thing out. But I thank you, sir; I thank you with all my heart!”

“Look here, Toby,” said Eric sharply, “you’re going to do just what the governor says, if we have to lug you home by force. Don’t be a fool; it’s a step in your redemption. Don’t you see how it will help, to have father stand up for you before all the world!”

Toby looked helplessly around the group and appealed to his lawyer.

“What do you advise, sir?” he asked.

“That you do as you suggest and, declining Mr. Spaythe’s kind invitation, go directly to your own home,” answered Mr. Holbrook.

“All right,” said Toby, a humorous twinkle in his bright eyes; “I’ll accept your hospitality, Mr. Spaythe, and hope I won’t be too much trouble to you.”

“Bravo!” cried Eric, and danced a little jig over Holbrook’s discomfiture.

CHAPTER VIII

HOW PHOEBE CONSPIRED

Whatever happens, the sun rises and sets and the old world continues to whirl on its axis. Toby Clark’s arrest was a huge sensation in Riverdale for a day, and then it lost its novelty. Now and then, during the days that followed the boy’s arraignment, the people gossiped concerning the outcome of the case, but since nothing new developed to bolster public interest Toby’s dilemma soon became an old story.

Young Mr. Holbrook had acquired a certain distinction through being employed by Mr. Spaythe for the defense. The banker’s judgment was so reliable that the former clients of Judge Ferguson began to consult Holbrook rather than Kellogg and while he was not as yet entrusted with much important business the new lawyer found his practice steadily growing.

But Mr. Spaythe was not entirely satisfied with his attorney, although he did not express his dissatisfaction in words. Every few days he would go to Mr. Holbrook’s office and say: “Well?”

“The case is progressing finely,” was the invariable reply.

“What have you discovered?”

“Nothing definite as yet, sir; but I am getting at the facts and will report to you as soon as I can furnish absolute proofs.”

That did not content Mr. Spaythe, but it silenced him and he went away.

Toby remained quietly at the banker’s house, reading his few law books diligently and leaving his defense to his friends, as he had been urged to do. The Darings invited him to their home on many occasions, and so did Janet Ferguson; but the boy refused to go, saying that until his innocence was fully established he preferred to remain in retirement. It was a comfort to them all that the Spaythes were caring for Toby. The Darings, from little Sue up to Phoebe, were loud in their praise of the banker, who had never before been known to extend such kindly consideration to anyone. Mrs. Spaythe had died years before, when Eric was a baby, and a prim old lady, a distant relative, kept house for the father and son, who were both engaged at the bank during the day and seldom passed an evening at home. So Toby practically had the house to himself.