"Yes," returned Dumphy, with a return of his old brusqueness.

"Then hold your tongue, and leave everything to me."

The door opened as he spoke to Colonel Starbottle's frilled shirt and expanding bosom, followed at a respectful interval by the gallant Colonel himself. He was evidently surprised by the appearance of Mr.

Dumphy's guest, but by no means dashed in his usual chivalrous port and bearing. "My legal adviser, Mr. Poinsett," said Dumphy, introducing Arthur briefly.

The gallant Colonel bowed stiffly, while Arthur, with a smile of fascinating courtesy and deference that astonished Dumphy in proportion as it evidently flattered and gratified Colonel Starbottle, stepped forward and extended his hand. "As a younger member of the profession I can hardly claim the attention of one so experienced as Colonel Starbottle, but as the friend of poor Henry Beeswinger, I can venture to take the hand of the man who so gallantly stood by him as his second, two years ago."

"Ged, sir," said Colonel Starbottle, absolutely empurpling with pleasure, and exploding his handkerchief from his sweltering breast.

"Ged! you--er--er--do me proud! I am--er--gratified, sir, to meet any friend of--er--er--gentleman like Hank Beeswinger! I remember the whole affair, sir, as if it was yesterday. I do!" with an oath. "Gratifying, Mr. Poinsett, to every gentleman concerned. Your friend, sir,--I'm proud to meet you--I am,----me!--killed, sir, second fire! Dropped like a gentleman,----me! No fuss; no reporters; no arrests. Friends considerate. Blank me, sir, one of the finest, d---- me, I may say, sir, one of the very finest--er--meetings in which I have--er--partic.i.p.ated.

Glad to know you, sir. You call to mind, sir, one of the--er--highest ill.u.s.trations of a code of honour--that--er--er--under the present--er--degrading state of public sentiment is er--er--pa.s.sing away. We are drifting sir, drifting--drifting to er--er--political and social condition, where the Voice of Honour, sir, is drowned by the Yankee watchword of Produce and Trade. Trade, sir, blank me!" Colonel Starbottle paused with a rhetorical full stop, blew his nose, and gazed at the ceiling with a plaintive suggestion that the days of chivalry had indeed pa.s.sed, and that American inst.i.tutions were indeed retrograding; Mr. Dumphy leaned back in his chair in helpless irritability; Mr. Arthur Poinsett alone retained an expression of courteous and sympathising attention.

"I am the more gratified at meeting Colonel Starbottle," said Arthur, gravely, "from the fact that my friend and client here, Mr. Dumphy is at present in a condition where he most needs the consideration and understanding of a gentleman and a man of honour. A paper, which has been entrusted to his safe keeping and custody as a gentleman, has disappeared since the earthquake, and it is believed that during the excitement of that moment it was lost! The paper is supposed to be intact, as it was in an envelope that _had never been opened, and whose seals were unbroken_. It is a delicate matter, but I am rejoiced that the gentleman who left the paper in trust is the honourable Colonel Starbottle, whom I know by reputation, and the gentleman who suffered the misfortune of losing it is my personal friend Mr. Dumphy. It enables me at once to proffer my services as mediator, or as Mr. Dumphy's legal adviser and friend, to undertake _all_ responsibility in the matter."

The tone and manner were so like Colonel Starbottle's own, that Dumphy looked from Arthur to Colonel Starbottle in hopeless amazement. The latter gentleman dropped his chin and fixed a pair of astonished and staring eyes upon Arthur. "Do I understand--that--er--this gentleman, Mr. Dumphy, has placed you in possession of any confidential statement--that--er"----

"Pardon me, Colonel Starbottle," interrupted Arthur, rising with dignity, "the facts I have just stated are sufficient for the responsibility I a.s.sume in this case. I learn from my client that a sealed paper placed in his hands is missing. I have from him the statement that I am bound to believe, that it pa.s.sed from his hands unopened; where, he knows not. This is a matter, between gentlemen, serious enough without further complication!"

"And the paper and envelope are lost?" continued Colonel Starbottle, still gazing at Arthur.

"Are lost," returned Arthur, quietly. "I have advised my friend, Mr.

Dumphy, that as a man of honour, and a business man, he is by no means freed through this unfortunate accident from any promise or contract that he may have entered into with you concerning it. Any deposit as a collateral for its safe delivery which he might have made, _or has promised to make_, is clearly forfeited. This he has been waiting only for your appearance to hand to you." Arthur crossed to Mr. Dumphy's side and laid his hand lightly upon his shoulder, but with a certain significance of grip palpable to Mr. Dumphy, who, after looking into his eyes, took out his cheque book. When he had filled in a duplicate of the cheque he had given Colonel Starbottle two days before, Arthur took it from his hand and touched the bell. "As we will not burden Colonel Starbottle unnecessarily, your cashier's acceptance of this paper will enable him to use it henceforth at his pleasure, and as I expect to have the pleasure of the Colonel's company to my office, will you kindly have this done at once?"

The clerk appeared, and at Mr. Poinsett's direction, took the cheque from the almost pa.s.sive fingers of Mr. Dumphy.

"Allow me to express my perfect satisfaction with--er--er your explanation!" said Colonel Starbottle, extending one hand to Arthur, while at the same moment he gracefully readjusted his shirt-bosom with the other. "Trouble yourself no further--regarding the--er--er--paper. I trust it will--er--yet be found; if not, sir, I shall--er--er--" added the Colonel, with honourable resignation, "hold myself _personally responsible_ to my client, blank me!"

"Was there no mark upon the envelope by which it might be known without explaining its contents?" suggested Arthur.

"None, sir, a plain yellow envelope. Stop!" said the Colonel, striking his forehead with his hand. "Ged, sir! I do remember now that during our conversation I made a memorandum, ---- me, a memorandum upon the face of it, across it, a name, Ged, sir, the very name of the party you were speaking of--Gabriel Conroy!"

"You wrote the name of Gabriel Conroy upon it! Good! That may lead to its identification without exposing its contents," returned Arthur.

"Well, sir?"

The last two words were addressed to Mr. Dumphy's clerk, who had entered during the Colonel's speech and stood staring alternately at him and his employer, holding the accepted cheque in his hand.

"Give it to the gentleman," said Dumphy, curtly.

The man obeyed. Colonel Starbottle took the cheque, folded it, and placed it somewhere in the moral recesses of his breast-pocket. That done, he turned to Mr. Dumphy. "I need not say--er--that--er--as far as my personal counsel and advice to my client can prevail, it will be my effort to prevent litigation in this--er--delicate affair.

Should the envelope--er--er--turn up! you will of course--er--send it to me, who am--er--personally responsible for it. Ged, sir,"

continued the Colonel, "I should be proud to conclude this affair, conducted as it has been on your side with the strictest honour, over the--er--festive-board--but--er--business prevents me! I leave here in one hour for One Horse Gulch!"

Both Mr. Dumphy and Poinsett involuntarily started.

"One Horse Gulch?" repeated Arthur.

"---- me! yes! Ged, sir, I'm retained in a murder case there; the case of this man Gabriel Conroy."

Arthur cast a swift precautionary look at Dumphy. "Then perhaps we may be travelling companions?" he said to Starbottle, smiling pleasantly. "I am going there too. Perhaps my good fortune may bring us in friendly counsel. You are engaged"----

"For the prosecution," interrupted Starbottle, slightly expanding his chest. "At the request of relatives of the murdered man--a Spanish gentleman of--er--er--large and influential family connections, I shall a.s.sist the District Attorney, my old friend, Nelse Buckthorne!"

The excitement kindled in Arthur's eyes luckily did not appear in his voice. It was still pleasant to Colonel Starbottle's ear, as, after a single threatening glance of warning at the utterly mystified and half exploding Dumphy, he turned gracefully toward him. "And if, by the fortunes of war, we should be again on opposite sides, my dear Colonel, I trust that our relations may be as gratifying as they have been to-day. One moment! I am going your way. Let me beg you to take my arm a few blocks and a gla.s.s of wine afterwards as a stirrup-cup on our journey." And with a significant glance at Dumphy, Arthur Poinsett slipped Colonel Starbottle's arm deftly under his own, and actually marched off with that doughty warrior, a blushing, expanding, but not unwilling captive.

When the door closed Mr. Dumphy resumed his speech and action in a single expletive. What more he might have said is not known, for at the same moment he caught sight of his clerk, who had entered hastily at the exit of the others, but who now stood awed and abashed by Mr. Dumphy's pa.s.sion. "Dash it all! what in dash are you dashingly doing here, dash you?"

"Sorry, sir," said the unlucky clerk; "but overhearing that gentleman say there was writing on the letter that you lost by which it might be identified, sir--we think we've found it--that is, we know where it is!"

"How?" said Dumphy, starting up eagerly.

"When the shock came that afternoon," continued the clerk, "the express bag for Sacramento and Marysville had just been taken out by the expressman, and was lying on top of the waggon. The horses started to run at the second shock, and the bag fell and was jammed against a lamp-post in front of our window, bursting open as it did so and spilling some letters and papers on the side-walk. One of our night watchmen helped the expressman pick up the scattered letters, and picked up among them a plain yellow envelope with no address but the name of Gabriel Conroy written in pencil across the end. Supposing it had dropped from some package in the express bag, he put it back again in the bag. When you asked about a blank envelope missing from your desk, he did not connect it with the one he had picked up, for _that_ had writing on it. We sent to the express office just now, and found that they had stamped it, and forwarded it to Conroy at One Horse Gulch, just as they had always done with his letters sent to our care. That's the way of it. Daresay it's there by this time, in his hands, sir, all right!"

CHAPTER III.

GABRIEL MEETS HIS LAWYER.

Gabriel's pet.i.tion on behalf of Mr. Hamlin was promptly granted by the sheriff. The waggon was at once put into requisition to convey the wounded man--albeit screaming and protesting--to the Grand Conroy Hotel, where, in company with his faithful henchman, he was left, to all intents a free man, and a half an hour later a demented one, tossing in a burning fever.

Owing to the insecure condition of the county jail at One Horse Gulch, and possibly some belief in the equal untrustworthiness of the people, the sheriff conducted his prisoner, accompanied by Olly, to Wingdam.

Nevertheless, Olly's statement of the changed condition of public sentiment, or rather its pre-occupation with a calamity of more absorbing interest, was in the main correct. The news of the recapture of Gabriel by his legal guardian awoke no excitement nor comment. More than this, there was a favourable feeling toward the prisoner. The action of the Vigilance Committee had been unsuccessful, and had terminated disastrously to the princ.i.p.al movers therein. It is possible that the morality of their action was involved in their success. Somehow the whole affair had not resulted to the business interests of the Gulch. The three most prominent lynchers were dead--and clearly in error! The prisoner, who was still living, was possibly in the right.

The _Silverpolis Messenger_, which ten days before had alluded to the "n.o.ble spectacle of a free people outraged in their holiest instincts, appealing to the first principles of Justice and Order, and rallying as a single man to their support," now quietly buried the victims and their motives from the public eye beneath the calm statement that they met their fate "while examining the roof of the Court House with a view to estimate the damage caused by the first shock of the earthquake." The _Banner_ favoured the same idea a little less elegantly, and suggested ironically that hereafter "none but experts should be allowed to go foolin' round the statue of Justice." I trust that the intelligent reader will not accuse me of endeavouring to cast ridicule upon the general accuracy of spontaneous public emotion, nor the infallibility of the true democratic impulse, which (I beg to quote from the _Messenger_), "in the earliest ages of our history enabled us to resist legalised aggression, and take the reins of government into our own hands," or (I now refer to the glowing language of the _Banner_), "gave us the right to run the machine ourselves and boss the job." And I trust that the reader will observe in this pa.s.sing recognition of certain inconsistencies in the expression and action of these people, only the fidelity of a faithful chronicler, and no intent of churlish criticism nor moral or political admonition, which I here discreetly deprecate and disclaim.

Nor was there any opposition when Gabriel, upon the motion of Lawyer Maxwell, was admitted to bail pending the action of the Grand Jury, nor any surprise when Mr. Dumphy's agent and banker came forward as his bondsman for the sum of fifty thousand dollars. By one of those strange vicissitudes in the fortunes of mining speculation, this act by Mr.

Dumphy was looked upon as an evidence of his trust in the future of the unfortunate mine of which Gabriel had been original locator and superintendent, and under that belief the stock rallied slightly. "It was a mighty sharp move of Pete Dumphy's bailin' thet Gabe, right in face of that there 'dropped lead' in his busted-up mine! Oh, you've got to set up all night to get any points to show _him_!" And, to their mutual surprise, Mr. Dumphy found himself more awe-inspiring than ever at One Horse Gulch, and Gabriel found himself a free man, with a slight popular flavour of martyrdom about him.

As he still persistently refused to enter again upon the premises which he had deeded to his wife on the day of the murder, temporary lodgings were found for him and Olly at the Grand Conroy Hotel. And here Mrs.

Markle, although exhibiting to Lawyer Maxwell the greatest concern in Gabriel's trouble, by one of those inconsistencies of the s.e.x which I shall not attempt to explain, treated the unfortunate accused with a degree of cold reserve that was as grateful, I fear, to Gabriel, as it was unexpected. Indeed, I imagine that if the kind-hearted widow had known the real comfort and a.s.surance that the exasperating Gabriel extracted from her first cold and constrained greeting, she would have spent less of her time in consultation with Maxwell regarding his defence. But perhaps I am doing a large-hearted and unselfish s.e.x a deep injustice. So I shall content myself with transcribing part of a dialogue which took pace between them at the Grand Conroy.

Mrs. Markle (loftily, and regarding the ceiling with cold abstraction): "We can't gin ye here, Mister Conroy, the French style and attention ye're kinder habitooal to in your own house on the Hill, bein' plain folks and mounting ways. But we know our place, and don't reckon to promise the comforts of a home! Wot with lookin' arter forty reg'lar and twenty-five transient--ef I don't happen to see ye much myself, Mr.

Conroy, ye'll understand. Ef ye ring thet there bell one o' the help will be always on hand. Yer lookin' well, Mr. Conroy. And bizness, I reckon" (the reader will here observe a ladylike ignoring of Gabriel's special trouble), "ez about what it allers waz, though judging from remarks of transients, it's dull!"

Gabriel (endeavouring to conceal a large satisfaction under the thin glowing of conventional sentiment): "Don't let me nor Olly put ye out a cent, Mrs. Markle--a change bein' ordered by Olly's physicians--and variety bein', so to speak, the spice o' life! And ye're lookin' well, Mrs. Markle; that ez" (with a sudden alarm at the danger of compliment), "so to speak, ez peart and strong-handed ez ever! And how's thet little Manty o' yours gettin' on? Jist how it was thet me and Olly didn't get to see ye before ez mighty queer! Times and times ag'in" (with shameless mendacity) "hez me and thet child bin on the p'int o' coming, and suthin' hez jest chipped in and interfered!"

Mrs. Markle (with freezing politeness): "You do me proud! I jest dropped in ez a matter o' not bein' able allers to trust to help. Good night, Mister Conroy. I hope I see you well! Ye kin jest" (retiring with matronly dignity), "ye kin jest touch onto that bell thar, if ye're wantin' anything, and help'll come to ye! Good-night!"

Olly (appearing a moment later at the door of Gabriel's room, truculent and suspicious): "Afore I'd stand thar--chirpin' with thet crockidill--and you in troubil, and not knowin' wot's gone o' July--I'd pizen myself!"

Gabriel (blushing to the roots of his hair, and conscience-stricken to his inmost soul): "It's jest pa.s.sin' the time o' day, Olly, with old friends--kinder influencin' the public sentyment and the jury. Thet's all. It's the advice o' Lawyer Maxwell, ez ye didn't get to hear, I reckon,--thet's all!"

But Gabriel's experience in the Grand Conroy Hotel was not, I fear, always as pleasant. A dark-faced, large-featured woman, manifestly in mourning, and as manifestly an avenging friend of the luckless deceased, in whose taking off Gabriel was supposed to be so largely instrumental, presently appeared at the Grand Conroy Hotel, waiting the action of the Grand Jury. She was accompanied by a dark-faced elderly gentleman, our old friend Don Pedro--she being none other than the unstable-waisted Manuela of Pacific Street--and was, I believe, in the opinion of One Horse Gulch, supposed to be charged with convincing and mysterious evidence against Gabriel Conroy. The sallow-faced pair had a way of meeting in the corridors of the hotel and conversing in mysterious whispers in a tongue foreign to One Horse Gulch and to Olly, strongly suggestive of revenge and concealed _stilettos_, that was darkly significant! Happily, however, for Gabriel, he was presently relieved from their gloomy espionage by the interposition of a third party--Sal Clark. That individual, herself in the deepest mourning, and representing the deceased in his holiest affections, it is scarcely necessary to say at once resented the presence of the strangers. The two women glared at each other at the public table, and in a chance meeting in the corridor of the hotel.

"In the name of G.o.d, what have we here in this imbecile and forward creature, and why is this so and after this fashion?" asked Manuela of Don Pedro.

"Of a verity, I know not," replied Don Pedro, "it is most possibly a person visited of G.o.d!--a helpless being of brains. Peradventure, a person filled with _aguardiente_ or the whisky of the Americans. Have a care, little one, thou smallest Manuela" (she weighed at least three hundred pounds), "that she does thee no harm!"