It was ten o'clock now but the trial seemed long in beginning. The judge had barely noticed Kenwick's entrance and continued an inaudible conversation with some one at his high desk. The district attorney, a florid little man who seemed to find difficulty in keeping on his eye-gla.s.ses, fussed with a ma.s.s of papers at the end of the long table and spoke occasionally to the bald-headed man on his right, who was evidently his colleague. Dayton leaned back in his chair and tapped the table impatiently with his pencil. Kenwick was surprised to see that the nervousness which his attorney had shown when he had visited him in jail seemed now to have completely disappeared.

There was an eminent surgeon among Kenwick's New York acquaintances who suffered from a nervous malady that was akin to palsy, and yet who, in the vital crisis of an operation, had a hand as steady as an embedded rock. He found himself wondering curiously now whether Dayton would develop under pressure an abnormal sagacity. Some miracle would have to intervene if he was to be saved from the ravenous clutches of fate.

Other persons were entering the court-room now and taking places that had evidently been reserved for them. Dayton leaned over and presented them at long distance to his client. "That fellow that just came in is Gifford, the undertaker. He got the jolt of his life when this thing blew up. Don't think he'll be much of a witness. He gets rattled. That chap with him is Dr. Markham. Ever see him before?"

Kenwick nodded. "He bandaged my leg that night in the drug-store. He'll remember it, too, for he was a little suspicious at the time that the sprain was older than I admitted. And I think he knew the man whose name I chanced to give as mine."

"Yes, that was a bad break, your chancing upon the name of Rogers. A fellow by that name was visiting out at the Paddington place, and although the doctor had never seen him, he had an engagement to play golf with him that afternoon out at the country club. Fortunately the man himself left town the next day so it wasn't as bad as it might have been. But it was an unfortunate thing, such a beast of a thing, that you should have given an a.s.sumed name at all."

"I suppose so. But that one seemed safe enough; it was my own name backwards. And I'd been through enough during the last twenty-four hours to make me cautious and secretive. And as it turned out, the taking of another name _was_ the thing to do, Dayton. If I had hurled 'Roger Kenwick' into that group, I imagine that some one would have made connections and turned me over to the lunacy commission. My guardian angel was on the job when I decided to keep my ident.i.ty a secret that night."

Dayton surveyed him with obvious satisfaction. It was a good sign that Kenwick had thrown off some of his former apathy. And yet there still remained a cold indifference about him, a sort of contemptuous disregard of the crowded room, that for a man of Kenwick's caliber and social position seemed to him inexplicable. He had an uncomfortable conviction that this inscrutable self-possession would not take well with the jury; that it somehow gave credence to the theory of the prosecution that the prisoner was a hardened criminal. The local reporters were already busy with their pencils. And Dayton could visualize a paragraph in the evening sheet beginning, "Roger Kenwick himself showed a complete indifference to the proceedings which----"

The conference with the judge had ended and he was rapping for order.

The charge against the prisoner was read and the tedious task of impaneling the jury began. Dayton paid little attention to the formal process of getting the legal machinery into action, except to object in a decisive voice to three or four of the prospective jurymen. Aside from these interruptions, he continued to identify the various witnesses to his client, in an impersonal, entertaining manner, like the official guide on a personally conducted excursion.

A short, ruddy man in long overcoat entered and cast impatient eyes about the room for a seat. One was immediately brought in for him from an adjoining room. "Annisen, ex-coroner," Dayton explained. "He's got a fine position now as health officer somewhere in Missouri. He hated like h.e.l.l to come back and get mixed up in this fracas. You see, he never was a howling success out here; made the mistake of knocking the climate when he first came out, and no southern California town can stand for that. And then, he had too many irons in the fire all the time, and neglected his official position sometimes. I have a haunting suspicion myself that he didn't spend any too much of his valuable time over the examination of your supposed remains. We don't need to fear him; he'll be a reluctant witness."

He swung about in his chair to announce himself satisfied with the twelve men who had been selected to try the case, and then engaged for a moment in conversation with the district attorney.

Kenwick turned his gaze to the window where he could see the date-palms from a new angle, their curving leaves motionless now in the still wintry air. The swinging doors of the court-room fanned incessantly back and forth, but he no longer felt any interest in the hostile faces of the witnesses. His mind was wandering back along the sun-lighted path of his boyhood to the days when he had mother, father, and brother, and had never suspected that he would ever lose any of them. It was a good thing, though, he told himself bitterly, a good thing that they were gone; that the last of the Kenwicks should go down in disgrace without spreading the cankerous taint to anyone else of that proud name. The imminent expose appeared to him all at once in the guise of a mighty tree, which was holding its place in the earth only by a single supporting root. Now that root was to be chopped away. The house of Kenwick was to fall. But in its fall it would harm no one else. For the tree had long stood alone, solitary and leafless amid the white wastes of life.

He became aware at last that the buzzing noise of the court-room had increased. There seemed to be some new excitement in the air. He brought his eyes back from the courtyard and glanced inquiringly at Dayton. But he had leaned forward in response to a curt signal from the district attorney. Every one except the jurymen was talking in low tones with some one else. In their double row of seats the twelve newly-sworn judges sat solemnly silent, freighted with a sense of their responsibility.

Whence the news came Kenwick never knew, for during the moments just preceding he had been deep in reverie and had lost connection with his surroundings. But whatever it was, it seemed all at once to be upon every one's tongue. Those who did not know were eagerly seeking information from their neighbors. Kenwick's eyes swept the room, puzzled. Dayton would doubtless tell him when he finished his conference. But before he had time to gain the knowledge from this source, it was hurled at the court-room from behind the lawyer's table.

The district attorney evidently deemed this the only way to quiet the increasing tumult. He got to his feet, and flapping the fugitive eye-gla.s.ses between his fingers, faced the judge and made one brief statement, unembellished by explanation or judicial comment.

"Your Honor, news has just been received from a reliable source that the house at Rest Hollow has burned to the ground!"

CHAPTER XVII

The case of the people of the State of California against Roger Kenwick opened with the testimony of Richard Glover, chief witness for the prosecution. Glover took the stand quietly and told his story in lucid, clear-cut sentences, pausing occasionally to recall some obscure detail or make certain of a date. The court reporter found it easy to take down his unhurried statements. From time to time the "freckled" eyes of the narrator rested upon the man in the prisoner's box with an impersonal, dispa.s.sionate glance. And always he met those of Kenwick fixed upon his face with a sort of awed fascination. Just so might the victim of a snake-charmer watch him while he disclosed the secret of his power.

Richard Glover told how on the afternoon of February 10, 1918, he had been summoned to the home of Everett Kenwick in New York and entrusted with a commission. He was not known to the elder Kenwick, personally, he said, but had been a boyhood friend of Isabel Kenwick, his wife.

Prompted by her recommendation, Mr. Kenwick had chosen him for the delicate family confidence which they imparted.

It appeared that the younger brother and only living relative of Everett had enlisted in the service, and after several months of severe fighting at the front had been wounded. He had been sent to a convalescent home in England where his physical health had been almost completely restored. But the surgeons had discovered that the blow on his head had caused a pressure upon the brain, which they deemed incurable by means of surgery, and which they said would ultimately result in some form of mental aberration. So they had sent him back to New York, diagnosed as a permanent invalid, and had recommended that a close watch be kept upon him until such time as it might be necessary to commit him to an inst.i.tution.

During the first few weeks after his return it became apparent to the brother and sister-in-law that this diagnosis of the unfortunate young man's condition was correct. He was given isolated quarters upon the third floor of the house and unostentatiously watched. Letters which he wrote were intercepted and his friends notified that he had become irresponsible. Valuables and possessions which had been intimately a.s.sociated with his past life were removed from his reach, since they appeared to confuse him and hasten his mental collapse. At the time when he, Glover, was summoned to the Kenwick home, prominent brain specialists had been consulted and had agreed that an operation would be extremely dangerous to the patient and might not succeed in restoring him to normality. And Mr. Kenwick, after what must have been weeks of painful pondering, had decided not to risk it but to follow the advice of the physicians and provide for his brother unremitting guardianship.

Mrs. Kenwick had strongly favored a private sanitarium, but to this her husband would not consent. He was stricken with grief and was determined that Roger Kenwick's share of the family estate should be spent upon his comfort. And he refused to relinquish all hope of his brother's ultimate recovery. In spite of the consensus of professional opinion to the contrary, he still clung to the hope that the patient, aided by rest and youth, would recuperate. And he was a shrewd enough business man to realize that private sanitariums for the mentally disabled thrive in proportion to the number of incurables which they maintain. Complete recovery for his brother was the last thing that he might expect if he surrendered him to the mercies of such an asylum.

And so he had commissioned the witness to rent for him the California home of Charles Raeburn, an old family friend, who had built it for his bride about twelve years before, but had closed it and returned East following her tragic suicide there a few months after their marriage.

Raeburn had offered it to the Kenwicks with the stipulation that the apartments which had been his wife's boudoir and sitting-room should not be used. And Everett Kenwick accepted the suggestion, feeling that if he were in his brother's position he would wish to be as far away as possible from the surroundings in which he had grown up, and particularly from the curious eyes of former acquaintances. Glover had undertaken the errand and departed immediately for Mont-Mer to open the house and employ a suitable caretaker.

"Just a moment, Mr. Glover." It was Dayton who interrupted him. "On the occasion of your call at the Kenwick home, did you see--the patient?"

"I did not. They had particularly chosen a time for the interview when he was undergoing treatment at a physician's office."

"Why did they object to your seeing him?"

"I don't think they did object, but they felt that it would be unwise just at that time. The young man was obsessed with the idea that the house was full of strange people; that there was a constant stream of guests coming and going. There was no reason why I should see him, so they planned to avoid a meeting."

"As a matter of fact did you ever see him while he was under your surveillance?"

"No."

"On what occasion did you first see him?"

"On a street in San Francisco about two months ago."

"On that occasion did he see you?"

"I think not."

"Proceed."

The witness went on to relate how he had departed that same evening from New York, had opened up the house at Mont-Mer, and secured the services of a man whom he chanced to meet on the train and who was able to produce evidence that he had once been head physician at a Los Angeles sanitarium.

Here Dayton cut in again. "What was the name of this man?"

"Edward Marstan."

"Proceed."

Arrangements having been made with him, the witness communicated with Everett Kenwick, according to agreement, and the patient was sent West in care of an attendant, one Thomas Bailey, now deceased. Glover himself had been in Los Angeles at the time of their arrival, but had received word from Marstan that the patient was properly installed at the Raeburn residence, and the attendant returned to New York.

Dayton's voice interposed once more. "Is the Charles Raeburn home known by any other name, Mr. Glover?"

"Yes--by the name of Rest Hollow."

"Proceed."

"My own concern in the affair was simply that of business manager," the witness continued, "so I remained in Los Angeles for I could manage the financial end of it just as well from that short distance."

The district attorney suddenly broke the thread of the story here. "Then you deliberately avoided an encounter with the patient?"

"I did."

"Why?"

"The maladies which are cla.s.sed as mental are particularly repugnant to me. I was under no obligation to see him, and I had a business of my own to which this was merely a side issue."

"But it is true, is it not," Dayton cut in, "that you received a generous salary from Mr. Everett Kenwick for this--long distance supervision?"

"I received from him an allowance to be spent upon the upkeep of the grounds, the comfort of the patient, the wages of an attendant, and so on. I sent him a monthly statement of the bills when I had received and checked them."