"Your feeling for Mr. Etheridge was well known. THEN WHY SUCH MAGNANIMITY TOWARDS THE MAN WHO STOOD ON TRIAL FOR KILLING HIM?"
Unaccustomed to be questioned, though living in an atmosphere of continual yes and no, he stared at the veiled features of one who so dared, as if he found it hard to excuse such presumption. But he answered her nevertheless, and with decided emphasis:
"Possibly because his victim was my friend and lifelong companion. A judge fears his own prejudices."
"Possibly; but you had another reason, judge; a reason which justified you in your own eyes at the time and which justifies you in mine now and always. Am I not right? This is no court-room; the case is one of the past; it can never be reopened; the prisoner is dead. Answer me then, as one sorrowing mortal replies to another, hadn't you another reason?"
The judge, panoplied though he was or thought he was, against all conceivable attack, winced at this repetition of a question he had hoped to ignore, and in his anxiety to hide this involuntary betrayal of weakness, allowed his anger to have full vent, as he cried out in no measured terms:
"What is the meaning of all this? What are you after? Why are you raking up these bygones which only make the present condition of affairs darker and more hopeless? You say that you know some way of making the match between your daughter and my son feasible and proper. I say that nothing can do this. Fact—the sternest of facts is against it. If you found a way, I shouldn't accept it. Oliver Ostrander, under no circumstances and by means of no sophistries, can ever marry the daughter of John Scoville. I should think you would see that for yourself."
"But if John should be proved to have suffered wrongfully? If he should be shown to have been innocent?"
"Innocent?"
"Yes. I have always had doubts of his guilt, even when circumstances bore most heavily against him; and now, as I look back upon the trial and remember certain things, I feel sure that you had doubts of it, yourself."
His rebuke was quick, instant. With a force and earnestness which recalled the court-room he replied:
"Madam, your hopes and wishes have misled you. Your husband was a guilty man; as guilty a man as any judge ever passed sentence upon."
"Oh!" she wailed forth, reeling heavily back and almost succumbing to the shock, she had so thoroughly convinced herself that what she said was true. But hers was a courageous soul. She rallied instantly and approaching him again with face uncovered and her whole potent personality alive with magnetism, she retorted:
"You say that, eye to my eye, hand on my hand, heart beating with my heart above the grave of our children's mutual happiness?"
"I do."
Convinced; for there was no wavering in his eye, no trembling in the hand she had clasped; convinced but ready notwithstanding to repudiate her own convictions, so much of the mother-passion, if not the wife's, tugged at her heart, she remained immovable for a moment, waiting for the impossible, hoping against hope for a withdrawal of his words and the reillumination of hope. Then her hand fell away from his; she gave a great sob, and, lowering her head, muttered:
"John Scoville smote down Algernon Etheridge! O God! O God! what horror!"
A sigh from her one auditor welled up in the silence, holding a note which startled her erect and brought back a memory which drove her again into passionate speech:
"But he swore the day I last visited him in the prison, with his arms pressed tight about me and his eye looking straight into mine as you are looking now, that he never struck that blow. I did not believe him then, there were too many dark spots in my memory of old lies premeditated and destructive of my happiness; but I believed him later, AND I BELIEVE HIM NOW."
"Madam, this is quite unprofitable. A jury of his peers condemned him as guilty and the law compelled me to pass sentence upon him. That his innocent child should be forced, by the inexorable decrees of fate, to suffer for a father's misdoing, I regret as much, perhaps more, than you do; for my son—beloved, though irreconcilably separated from me—suffers with her, you say. But I see no remedy;—NO REMEDY, I repeat. Were Oliver to forget himself so far as to ignore the past and marry Reuther Scoville, a stigma would fall upon them both for which no amount of domestic happiness could ever compensate. Indeed, there can be no domestic happiness for a man and woman so situated. The inevitable must be accepted. Madam, I have said my last word."
"But not heard mine," she panted. "For me to acknowledge the inevitable where my daughter's life and happiness are concerned would make me seem a coward in my own eyes. Helped or unhelped, with the sympathy or without the sympathy of one who I hoped would show himself my friend, I shall proceed with the task to which I have dedicated myself. You will forgive me, judge. You see that John's last declaration of innocence goes farther with me than your belief, backed as it is by the full weight of the law."
Gazing at her as at one gone suddenly demented, he said:
"I fail to understand you, Mrs.—I will call you Mrs. Averill. You speak of a task. What task?"
"The only one I have heart for: the proving that Reuther is not the child of a wilful murderer; that another man did the deed for which he suffered. I can do it. I feel confident that I can do it; and if you will not help me—"
"Help you! After what I have said and reiterated that he is guilty, GUILTY, GUILTY?"
Advancing upon her with each repetition of the word, he towered before her, an imposing, almost formidable figure. Where was her courage now? In what pit of despair had it finally gone down? She eyed him fascinated, feeling her inconsequence and all the madness of her romantic, ill-digested effort, when from somewhere in the maze of confused memories there came to her a cry, not of the disappointed heart but of a daughter's shame, and she saw again the desperate, haunted look with which the stricken child had said in answer to some plea, "A criminal's daughter has no place in this world but with the suffering and the lost"; and nerved anew, she faced again his anger which might well be righteous, and with almost preternatural insight, boldly declared:
"You are too vehement to quite convince me, Judge Ostrander. Acknowledge it or not, there is more doubt than certainty in your mind; a doubt which ultimately will lead you to help me. You are too honest not to. When you see that I have some reason for the hopes I express, your sense of justice will prevail and you will confide to me the point untouched or the fact unmet, which has left this rankling dissatisfaction to fester in your mind. That known, my way should broaden;—a way, at the end of which I see a united couple—my daughter and your son. Oh, she is worthy of him—" the woman broke forth, as he made another repellent and imperative gesture. "Ask any one in the town where we have lived."
Abruptly, and without apology for his rudeness, Judge Ostrander again turned his back and walked away from her to an old-fashioned bookcase which stood in one corner of the room. Halting mechanically before it, he let his eyes roam up and down over the shelves, seeing nothing, as she was well aware, but weighing, as she hoped, the merits of the problem she had propounded him. She was, therefore, unduly startled when with a quick whirl about which brought him face to face with her once more, he impetuously asked:
"Madam, you were in my house this morning. You came in through a gate which Bela had left unlocked. Will you explain how you came to do this? Did you know that he was going down street, leaving the way open behind him? Was there collusion between you?"
Her eyes looked up clearly into his. She felt that she had nothing to disguise or conceal.
"I had urged him to do this, Judge Ostrander. I had met him more than once in the street when he went out to do your errands, and I used all my persuasion to induce him to give me this one opportunity of pleading my cause with you. He was your devoted servant, he showed it in his death, but he never got over his affection for Oliver. He told me that he would wake oftentimes in the night feeling about for the boy he used to carry in his arms. When I told him—"