Tisdale was silent. He rose and turned to the west windows, where he stood looking down on the harbor lights.

"Am I right?" persisted the attorney.

Hollis thrust his hands into his pockets and swung around. He stood with his chin lowered, looking at the lawyer with his upward glance from under slightly frowning brows. "Well," he said at last, "suppose you are. And suppose I refuse to have my private papers read in open court?"

"In that case," answered Mr. Bromley, rising, "I must telegraph to Washington for one of the Alaska coal commission to take your place. I am sorry. You were named to me at the beginning as a man who knew more about Alaska coal, and, in fact, the whole Alaska situation, than any other employee of the Government."

Still, having said this, Mr. Bromley did not seem in any hurry to go, but stood holding his hat and waiting for a word from Tisdale to redeem the situation. At last it came. "Is there no other way," he asked, "than to drag my private affairs into court?"

The attorney gravely shook his head. "You never can tell what a jury will do," he said. "Less than a prejudice against a witness has swung a decision sometimes."

Hollis said no more. He went over to his safe and selected a package containing three doc.u.ments held together by a rubber band. After a hesitating moment, he drew out one, which he returned to its place. The others he brought to the attorney, who carried them to the reading lamp to scan. One was a deed to the last half interest in the Aurora, the one which Weatherbee had had recorded, and the remaining paper was, as Mr.

Bromley conjectured, Tisdale's will; but it contained a somewhat disconcerting surprise. However, the lawyer seated himself and, spreading the paper open on the table, copied this clause.

... "The Aurora mine, lying in an unsurveyed region of Alaska, accessible from Seward by way of Rainy Pa.s.s, and from the Iditarod district north by east, I bequeath to Beatriz Silva Gonzales Weatherbee, to be held for her in trust by Stuart Emory Poster for a period of five years, or until development, according to David Weatherbee's plans, shall have been fully carried out. The profits, above the cost of all improvements and all operating expenses--which shall include a superintendent's salary of four thousand dollars a year to said Stuart Emory Foster--to be paid in semi-annual dividends to said Beatriz Silva Gonzales Weatherbee."

"Stuart Emory Foster," repeated the lawyer meditatively, putting away his fountain pen. "You evidently have considerable confidence in his engineering skill, Mr. Tisdale."

"Yes." His voice mellowed, but he regarded the attorney with the upward, watchful look. "I have confidence in Stuart Emory Foster in every way. He is not only one of the most capable, reliable mining engineers, but also one of the most respected and most trusted men in the north."

There was a silence, during which Mr. Bromley thoughtfully folded his copy and placed it in his pocket-book. "Thank you, Mr. Tisdale," he said finally, and rose once more. "You may not be called for several days but when you are, it is advisable that you have the original doc.u.ments at hand. Good night."

CHAPTER x.x.xI

TISDALE OF ALASKA--AND WASHINGTON, D.C.

It was evident, after his interview with Hollis Tisdale, that Mr. Bromley was in no hurry to precipitate the side issue for which he had prepared.

Every one who had taken coal land in the Morganstein group had been on the witness stand, and many more who had not filed claims had given testimony, yet the prosecution held him in reserve. Then came a day when Lucky Banks, recalled to tell what he knew about the Chugach trail, made some astonishing statements. He had traveled that route with a partner at the end of a season in the Copper River plateau. They had expected to finish the distance by the new railroad. The little man was brief but graphic. It seemed to have been a running fight with storms, glaciers, and glacial torrents to reach that narrow-gauge track before the first real September blizzard. "But we could have stood it," he concluded in his high key, "my, yes, it wouldn't have amounted to much, if we could have had firewood."

"Did you not know the fallen timber was at your service?" questioned Mr.

Bromley. "Provided, of course, you conformed to the laws of the reserve in building your fire and in extinguishing it when you broke camp."

"There wasn't any fallen timber," responded Banks dryly; "and likely we would have took it green, if there had been a tree in sight. It was getting mighty cold, nights, and with the frost in his wet clothes, a man needs a warm supper to hearten him."

"What?" exclaimed Mr. Bromley sharply. "Do you mean you saw no trees?

Remember you were in the Chugach forest; or did you lose your way?"

"No, sir. We struck the Chugach Railway just where we aimed to, but a mighty lot of the Chugach reserve is out of timber line. That's why we banked on Foster's new train to hurry us through. But we found she had quit running. The Government had got wind of the scheme and sent a bunch of rules and regulations. First came a heavy tax for operating the road; and next was an order to put spark arresters on all his engines. He only had two first-cla.s.s ones and a couple of makeshifts to haul his gravel cars; and his sparks would have froze, likely, where they lit, but there he was, tied up on the edge of a fill he had counted on finishing up before his crew went out for the winter, and the nearest spark arrester farther off than Christmas."

A ripple of amus.e.m.e.nt ran through the crowded room, but little Banks stood waiting frostily. When his glance caught the judge's smile, his eyes scintillated their blue light. "Likely Foster would have sent his order out and had those arresters shipped around Cape Horn from New York," he added. "They'd probably been in time for spring travel; but he opened another bunch of mail and found there wouldn't be any more sparks.

Washington, D.C., had shut down his coal mine."

Mr. Bromley had no further questions to ask. He seemed preoccupied and pa.s.sed the recess that followed the prospector's testimony in pacing the corridor. Lucky Banks had been suggested as an intelligent and honest fellow on whom the Government might rely; but his statements failed to dovetail with his knowledge of Alaska and the case, and after the intermission Tisdale was called.

The moment he was sworn, Miles Feversham was on his feet. He held in his hand a magazine, in which during the recess, he had been engrossed, and his forefinger kept the place.

"I object to this witness," he said sonorously and waited while a stir, like a gust of wind in a wood, swept the courtroom, and the jury straightened, alert. "I object, not because he defrauded the widow of David Weatherbee out of her half interest in the Aurora mine, though, gentlemen, you know this to be an open fact, but for the reason that he is a criminal, self-confessed, who should be serving a prison sentence, and a criminal's testimony is not allowable in a United States court."

Before he finished speaking, or the Court had recovered from the shock, Mr. Bromley had taken a bundle of papers from his pocket and stepped close to the jury box.

"This is an infamous fabrication," he exclaimed. "It was calculated to surprise us, but it finds us prepared. In ten minutes we shall prove it was planned six months ago to defame the character of the Government's witness at this trial. I have here, gentlemen, a copy of the Alaska record showing the transfer of David Weatherbee's interest in the Aurora mine to Hollis Tisdale; it bears the signature of his wife. But this extract from Mr. Tisdale's will, which was drawn shortly after his return from Alaska, last year, and while he was dangerously ill in Washington, proves how far it was from his intention to defraud the widow of David Weatherbee." Here Mr. Bromley read the clause.

Tisdale, standing at ease, with his hand resting on his chair, glanced from the attorney to Foster. No mask covered his transparent face; the dark circles under his fine, expressive eyes betrayed how nearly threadbare his hope was worn. Then, suddenly, in the moment he met Tisdale's look, wonder, swift intelligence, contrition, and the grat.i.tude of his young, sorely tried spirit flashed from his countenance. To Hollis it became an illuminated scroll.

"As to the main charge," resumed Mr. Bromley, "that is ridiculous. It is based on an unfortunate accident to an Indian child years ago. The distorted yarn was published in a late issue of a sensational magazine. No doubt, most of you have read it, since it was widely circulated.

Different--isn't it?--from that other story of Mr. Tisdale which came down from Cascade tunnel. Gentlemen, I have the letter that was enclosed with the ma.n.u.script that was submitted to _Sampson's Magazine_. It was not written by the author, James Daniels, but by a lady, who had offered to dispose of the material for him, and who, without his knowledge, subst.i.tuted a revised copy."

Miles Feversham had subsided, dumbfounded, into his chair; his self-sufficiency had deserted him; for a moment the purple color surged in his face; his chagrin overwhelmed him. But Marcia, seated in the front row outside the bar, showed no confusion. Her brilliant, compelling eyes were on her husband. It was as though she wished to reinforce him, and at the same time convey some urgent, vital thought. He glanced around and, reading the look, started again to his feet. He began to retract his denunciation. It was evident he had been misinformed; he offered his apologies to the witness and asked that the case be resumed. But the prosecuting attorney, disregarding him, continued to explain. "In the Daniels' ma.n.u.script, gentlemen, a coroner's inquest exonerated the man who was responsible for the death of the papoose; this the magazine suppressed. I am able to offer in evidence James Daniels' affidavit."

Then, while the jury gathered these varying ideas in fragments, Lucky Banks' treble rose. "Let's hear what the lady wrote." And some one at the back of the courtroom said in a deep voice; "Read the lady's letter."

It seemed inevitable. Mr. Bromley had separated a letter from the bundle of papers. Involuntarily Marcia started up. But the knocking of the gavel, sounding smartly, insistently, above the confusion, brought unexpected deliverance.

"It is unnecessary to further delay this Court with this issue," announced the judge. "The case before the jury already has dragged through nearly four weeks, and it should be conducted as expeditiously as possible to a close. Mr. Bromley, the witness is sustained."

Marcia settled back in her place; Miles Feversham, like a man who has slipped on the edge of a chasm, sat a moment longer, gripping the arms of his chair; then his shifting look caught Frederic's wide-eyed gaze of uncomprehending innocence, and he weakly smiled.

"Mr. Tisdale," began the prosecution, putting aside his papers and endeavoring to focus his mind again on the case, "you have spent some years with the Alaska division of the Geological Survey?"

"Every open season and some of the winters for a period of ten years, with the exception of three which I also spent in Alaska."

"And you are particularly familiar with the locality included in the Chugach forest reserve, I understand, Mr. Tisdale. Tell us a little about it. It contains vast reaches of valuable and marketable timber, does it not?"

The genial lines crinkled lightly in Tisdale's face. "The Chugach forest contains some marketable timber on the lower Pacific slopes," he replied, "where there is excessive precipitation and the influence of the warm j.a.pan current, but along the streams on the other side of the divide there are only occasional growths of scrubby spruce, hardly suitable for telegraph poles or even railroad ties." He paused an instant then went on mellowly: "Gifford Pinchot was thousands of miles away; he never had seen Alaska, when he suggested that the Executive set aside the Chugach forest reserve. No doubt he believed there was valuable timber on those lofty peaks and glaciers, but I don't know how he first heard of a Chugach forest, unless"--he halted again and looked at the jury, while the humor deepened in his voice--"those Pennsylvania contractors, who were shipping coal around Cape Horn to supply the Pacific navy, took the chance of there being trees in those mountains and interested the Government in saving the timber--to conserve the coal."

A ripple of laughter pa.s.sed over the jury and on through the courtroom.

Even the presiding judge smiled, and Mr. Bromley hurried to say: "Tell us something about that Alaska coal, Mr. Tisdale. You have found vast bodies-- have you not?--of a very high grade; to compare favorably with Pennsylvania coal."

"The Geodetic Survey estimates there are over eight millions of acres of coal land already known in Alaska," replied Hollis statistically. "More than is contained in all Pennsylvania, West Virginia, and Ohio combined.

It is of all grades. The Bonnifield near Fairbanks, far in the interior, is the largest field yet discovered, and in one hundred and twenty-two square miles of it that have been surveyed, there are about ten billions of tons. Cross sections show veins two hundred and thirty-one feet thick.

This coal is lignite."

"How about the Mata.n.u.ska fields?" asked Mr. Bromley.

"The Mata.n.u.ska cover sixty-five thousand acres; the coal is a high grade bituminous, fit for steam and c.o.king purposes. There are also some veins of anthracite. I consider the Mata.n.u.ska the best and most important coal yet discovered in Alaska, and with the Bering coal, which is similar though more broken, these fields should supply the United States for centuries to come."

Mr. Bromley looked at the jury. His smile said:

"You heard that, gentlemen?" Then, his glance returning to the witness:

"Why the most important?" he asked.

"Because all development, all industry, in the north depends on the opening up of such a body of coal. And these fields are the most accessible to the coast. A few hundreds of miles of railroad, the extension of one or two of the embryo lines on which construction has been suspended, would make the coal available on Prince William Sound. Used by the Pacific Navy, it would save the Government a million dollars a year on transportation."