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The Third Degree - A Narrative of Metropolitan Life
by Charles Klein and Arthur Hornblow
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The sensation grew in importance as the day for the trial approached. All New York was agog with excitement. The handsome Jeffries mansion on Riverside Drive was besieged by callers. The guides on the sight-seeing coaches shouted through their megaphones:

"That's the house where the murderer of Robert Underwood lived."

The immediate vicinity of the house the day that the crime was made public was thronged with curious people. The blinds of the house were drawn down as if to shield the inmates from observation, but there were several cabs in front of the main entrance and passers by stopped on the sidewalk, pointing at the house. A number of newspaper men stood in a group, gathering fresh material for the next edition. A reporter approached rapidly from Broadway and joined his colleagues.

"Well, boys," he said cheerily. "Anything doing? Say, my paper is going to have a bully story to-morrow! Complete account by Underwood's valet. He tells how he caught the murderer just as he was escaping from the apartment We'll have pictures and everything. It's fine. Anything doing here?" he demanded.

"Naw," grunted the others in disgruntled tones.

"We saw the butler," said one reporter, "and tried to get a story from him, but he flatly refused to talk. All he would say was that Howard Jeffries was nothing to the family, that his father didn't care a straw what became of him."

"That's pretty tough!" exclaimed another reporter. "He's his son, after all."

"Oh, you don't know old Jeffries," chimed in a third. "When once he makes up his mind you might as well try to move a house."

The afternoon was getting on; if their papers were to print anything more that day they must hasten downtown.

"Let's make one more attempt to get a talk out of the old man," suggested one enterprising scribe.

"All right," cried the others in chorus. "You go ahead. We'll follow in a body and back you up."

Passing through the front gate, they rang the bell, and after a brief parley were admitted to the house. They had hardly disappeared when a cab drove hurriedly up and stopped at the curb. A young woman, heavily veiled, descended, paid the driver, and walked quickly through the gates toward the house.

Annie tried to feel brave, but her heart misgave her when she saw this splendid home with all its evidence of wealth, culture, and refinement. It was the first time she had ever entered its gates, although, in a measure, she was entitled to look upon it as her own home. Perhaps never so much as now she realized what a deep gulf lay between her husband's family and herself. This was a world she had never known—a world of opulence and luxury. She did not know how she had summoned up courage enough to come. Yet there was no time to be lost. Immediate action was necessary. Howard must have the best lawyers that money could procure. Judge Brewster had been deaf to her entreaties. He had declined to take the case. She had no money. Howard's father must come to his assistance. She would plead with him and insist that it was his duty to stand by his son. She wondered how he would receive her, if he would put her out or be rude to her. Perhaps he would not even receive her. He might tell the servants to shut the door in her face. Timidly she rang the bell. The butler opened the door, and summoning up all her courage, she asked:

"Is Mr. Jeffries in?"

To her utter amazement the butler offered no objection to her entering. Mistaking her for a woman reporter, several of whom had already called that morning, he said:

"Go right in the library, madam; the other newspaper folk are there."

She passed through the splendid reception hall, marveling inwardly at the beautiful statuary and pictures, no little intimidated at finding herself amid such splendid surroundings. On the left there was a door draped with handsome tapestry.

"Right in there, miss," said the butler.

She went in, and found herself in a room of noble proportions, the walls of which were lined with bookshelves filled with tomes in rich bindings. The light that entered through the stained-glass windows cast a subdued half-light, warm and rich in color, on the crimson plush furnishings. Near the heavy flat desk in the centre of the room a tall, distinguished man was standing listening deprecatingly to the half dozen reporters who were bombarding him with questions. As Annie entered the room she caught the words of his reply:

"The young man who has inherited my name has chosen his own path in life. I am grieved to say that his conduct at college, his marriage, has completely separated him from his family, and I have quite made up my mind that in no way or manner can his family become identified with any steps he may take to escape the penalty of his mad act. I am his father, and I suppose, under the circumstances, I ought to say something. But I have decided not to. I don't wish to give the American public any excuse to think that I am paliating or condoning his crime. Gentlemen, I wish you good-day."

Annie, who had been listening intently, at once saw her opportunity. Mr. Jeffries had taken no notice of her presence, believing her to be a newspaper writer like the others. As the reporters took their departure and filed out of the room, she remained behind. As the last one disappeared she turned to the banker and said:

"May I speak to you a moment?"

He turned quickly and looked at her in surprise. For the first time he was conscious of her presence. Bowing courteously, he shook his head:

"I am afraid I can do nothing for you, madam—as I've just explained to your confreres of the press."

Annie looked up at him, and said boldly:

"I am not a reporter, Mr. Jeffries. I am your son's wife."

The banker started back in amazement. This woman, whom he had taken for a newspaper reporter, was an interloper, an impostor, the very last woman in the world whom he would have permitted to be admitted to his house. He considered that she, as much as anybody else, had contributed to his son's ruin. Yet what could he do? She was there, and he was too much of a gentleman to have her turned out bodily. Wondering at his silence, she repeated softly:

"I'm your son's wife, Mr. Jeffries."

The banker looked at her a moment, as if taking her in from head to foot. Then he said coldly:

"Madam, I have no son." He hesitated, and added:

"I don't recognize——"

She looked at him pleadingly.

"But I want to speak to you, sir."

Mr. Jeffries shook his head, and moved toward the door.

"I repeat, I have nothing to say."

Annie planted herself directly in his path. He could not reach the door unless he removed her forcibly.

"Mr. Jeffries," she said earnestly, "please don't refuse to hear me—please——"

He halted, looking as if he would like to escape, but there was no way of egress. This determined-looking young woman had him at a disadvantage.

"I do not think," he said icily, "that there is any subject which can be of mutual interest——"

"Oh, yes, there is," she replied eagerly. She was quick to take advantage of this entering wedge into the man's mantle of cold reserve.

"Flesh and blood," she went on earnestly, "is of mutual interest. Your son is yours whether you cast him off or not. You've got to hear me. I am not asking anything for myself. It's for him, your son. He's in trouble. Don't desert him at a moment like this. Whatever he may have done to deserve your anger—don't—don't deal him such a blow. You cannot realize what it means in such a critical situation. Even if you only pretend to be friendly with him—you don't need to really be friends with him. But don't you see what the effect will be if you, his father, publicly withdraw from his support? Everybody will say he's no good, that he can't be any good or his father wouldn't go back on him. You know what the world is. People will condemn him because you condemn him. They won't even give him a hearing. For God's sake, don't go back on him now!"

Mr. Jeffries turned and walked toward the window, and stood there gazing on the trees on the lawn. She did not see his face, but by the nervous twitching of his hands behind his back, she saw that her words had not been without effect. She waited in silence for him to say something. Presently he turned around, and she saw that his face had changed. The look of haughty pride had gone. She had touched the chords of the father's heart. Gravely he said:

"Of course you realize that you, above all others, are responsible for his present position."

She was about to demur, but she checked herself. What did she care what they thought of her? She was fighting to save her husband, not to make the Jeffries family think better of her. Quickly she answered:

"Well, all right—I'm responsible—but don't punish him because of me."

Mr. Jeffries looked at her.

Who was this young woman who championed so warmly his own son? She was his wife, of course. But wives of a certain kind are quick to desert their husbands when they are in trouble. There must be some good in the girl, after all, he thought. Hesitatingly, he said:

"I could have forgiven him everything, everything but——"

"But me," she said promptly. "I know it. Don't you suppose I feel it too, and don't you suppose it hurts?"

Mr. Jeffries stiffened up. This woman was evidently trying to excite his sympathies. The hard, proud expression came back into his face, as he answered curtly:

"Forgive me for speaking plainly, but my son's marriage with such a woman as you has made it impossible to even consider the question of reconciliation."

With all her efforts at self-control, Annie would have been more than human had she not resented the insinuation in this cruel speech. For a moment she forgot the importance of preserving amicable relations, and she retorted:

"Such a woman as me? That's pretty plain——. But you'll have to speak even more plainly. What do you mean when you say such a woman as me? What have I done?"

Mr. Jeffries looked out of the window without answering, and she went on:

"I worked in a factory when I was nine years old, and I've earned my living ever since. There's no disgrace in that, is there? There's nothing against me personally—nothing disgraceful, I mean. I know I'm not educated. I'm not a lady in your sense of the word, but I've led a decent life. There isn't a breath of scandal against me—not a breath. But what's the good of talking about me? Never mind me. I'm not asking for anything. What are you going to do for him? He must have the best lawyer that money can procure—none of those bar-room orators. Judge Brewster, your lawyer, is the man. We want Judge Brewster."

Mr. Jeffries shrugged his shoulders.

"I repeat—my son's marriage with the daughter of a man who died in prison——"

She interrupted him.

"That was hard luck—nothing but hard luck. You're not going to make me responsible for that, are you? Why, I was only eight years old when that happened. Could I have prevented it?" Recklessly she went on: "Well, blame it on me if you want to, but don't hold it up against Howard. He didn't know it when he married me. He never would have known it but for the detectives employed by you to dig up my family history, and the newspapers did the rest. God! what they didn't say! I never realized I was of so much importance. They printed it in scare-head lines. It made a fine sensation for the public, but it destroyed my peace of mind."

"A convict's daughter!" said Mr. Jeffries contemptuously.

"He was a good man at that!" she answered hotly. "He kept the squarest pool room in Manhattan, but he refused to pay police blackmail, and he was railroaded to prison." Indignantly she went on: "If my father's shingle had been up in Wall Street, and he'd made fifty dishonest millions, you'd forget it next morning, and you'd welcome me with open arms. But he was unfortunate. Why, Billy Delmore was the best man in the world. He'd give away the last dollar he had to a friend. I wish to God he was alive now! He'd help to save your son. I wouldn't have to come here to ask you."

Mr. Jeffries shifted uneasily on his feet and looked away.

"You don't seem to understand," he said impatiently. "I've completely cut him off from the family. It's as if he were dead."

She approached nearer and laid her hand gently on the banker's arm.

"Don't say that, Mr. Jeffries. It's wicked to say that about your own son. He's a good boy at heart, and he's been so good to me. Ah, if you only knew how hard he's tried to get work I'm sure you'd change your opinion of him. Lately he's been drinking a little because he was disappointed in not getting anything to do. But he tried so hard. He walked the streets night and day. Once he even took a position as guard on the elevated road. Just think of it, Mr. Jeffries, your son—to such straits were we reduced—but he caught cold and had to give it up. I wanted to go to work and help him out. I always earned my living before I married him, but he wouldn't let me. You don't know what a good heart he's got. He's been weak and foolish, but you know he's only a boy."

She watched his face to see if her words were having any effect, but Mr. Jeffries showed no sign of relenting. Sarcastically, he said:

"And you took advantage of the fact and married him?"

For a moment she made no reply. She felt the reproach was not unmerited, but why should they blame her for seeking happiness? Was she not entitled to it as much as any other woman? She had not married Howard for his social position or his money. In fact, she had been worse off since her marriage than she was before. She married him because she loved him, and because she thought she could redeem him, and she was ready to go through any amount of suffering to prove her disinterested devotion. Quietly, she said:

"Yes, I know—I did wrong. But I—I love him, Mr. Jeffries. Believe me or not—I love him. It's my only excuse. I thought I could take care of him. He needed some one to look after him, he's too easily influenced. You know his character is not so strong as it might be. He told me that his fellow students at college used to hypnotize him and make him do all kinds of things to amuse the other boys. He says that somehow he's never been the same since. I—I just loved him because I was strong and he was weak. I thought I could protect him. But now this terrible thing has happened, and I find I am powerless. It's too much for me. I can't fight this battle alone. Won't you help me, Mr. Jeffries?" she added pleadingly. "Won't you help me?"

The banker was thoughtful a minute, then suddenly he turned on her.

"Will you consent to a divorce if I agree to help him?"

She looked at him with dismay. There was tragic tenseness in this dramatic situation—a father fighting for his son, a woman fighting for her husband.

"A divorce?" she stammered. "Why, I never thought of such a thing as that."

"It's the only way to save him," said the banker coldly.

"The only way?" she faltered.

"The only way," said Mr. Jeffries firmly. "Do you consent?" he asked.

Annie threw up her head. Her pale face was full of determination, as she replied resignedly, catching her breath as she spoke:

"Yes, if it must be. I will consent to a divorce—to save him!"

"You will leave the country and go abroad to live?" continued the banker coldly.

She listened as in a dream. That she would be confronted by such an alternative as this had never entered her mind. She wondered why the world was so cruel and heartless. Yet if the sacrifice must be made to save Howard she was ready to make it.

"You will leave America and never return—is that understood?" repeated the banker.

"Yes, sir," she replied falteringly.

Mr. Jeffries paced nervously up and down the room. For the first time he seemed to take an interest in the interview. Patronizingly he said:

"You will receive a yearly allowance through my lawyer."

Annie tossed up her chin defiantly. She would show the aristocrat that she could be as proud as he was.

"Thanks," she exclaimed. "I don't accept charity. I'm used to earning my own living."

"Oh, very well," replied the banker quickly. "That's as you please. But I have your promise—you will not attempt to see him again?"

"What! Not see him once more? To say good-by?" she exclaimed. A broken sob half checked her utterance. "Surely you can't mean that, Mr. Jeffries."

The banker shrugged his shoulders.

"I don't want the newspapers filled with sensational articles about the heartrending farewell interview between Howard Jeffries, Jr., and his wife—with your picture on the front page."

She was not listening to his sarcasm.

"Not even to say good-by?" she sobbed.

"No," replied Mr. Jeffries firmly. "Not even to say good-by."

"But what will he say? What will he think?" she cried.

"He will see it is for the best," answered the banker. "He himself will thank you for your action."

There was a long silence, broken only by the sound of the girl's sobbing. Finally she said:

"Very well, sir. I'll do as you say." She looked up. Her eyes were dry, the lines about her mouth set and determined. "Now," she said, "what are you going to do for him?"

The banker made a gesture of impatience as if such considerations were not important.

"I don't know yet," he said haughtily. "I shall think the matter over carefully."

Annie was fast losing patience. She was willing to sacrifice herself and give up everything she held dear in life to save the man she loved, but the cold, deliberate, calculating attitude of this unnatural father exasperated her.

"But I want to know," she said boldly. "I want to consider the matter carefully, too."

"You?" sneered Mr. Jeffries.

"Yes, sir," she retorted. "I'm paying dearly for it—with my—with all I have. I want to know just what you're going to give him for it."

He was lost in reflection for a moment, then he said pompously:

"I shall furnish the money for the employment of such legal talent as may be necessary. That's as far as I wish to go in the case. It must not be known—I cannot allow it to be known that I am helping him."

"Must not be known?" cried Annie in astonishment. "You mean you won't stand by him? You'll only just pay for the lawyer?"

The banker nodded:

"That is all I can promise."

She laughed hysterically.

"Why," she exclaimed, "I—I could do that myself if I—I tried hard enough."

"I can promise nothing more," replied Mr. Jeffries coldly.

"But that is not enough," she protested. "I want you to come forward and publicly declare your belief in your son's innocence. I want you to put your arms around him and say to the world: 'My boy is innocent! I know it and I'm going to stand by him.' You won't do that?"

Mr. Jeffries shook his head.

"It is impossible."

The wife's pent-up feelings now gave way. The utter indifference of this aristocratic father aroused her indignation to such a pitch that she became reckless of the consequences. They wanted her to desert him, just as they deserted him, but she wouldn't. She would show them the kind of woman she was.

"So!" she cried in an outburst of mingled anger and grief. "So his family must desert him, and his wife must leave him! The poor boy must stand absolutely alone in the world, and face a trial for his life! Is that your idea?"

The banker made no reply. Snapping her fingers, she went on:

"Well, it isn't mine, Mr. Jeffries! I won't consent to a divorce! I won't leave America! And I'll see him just as often as I can, even if I have to sit in the Tombs prison all day. As for his defense, I'll find some one. I'll go to Judge Brewster again, and if he still refuses, I'll go to some one else. There must be some good, big-hearted lawyer in this great city who'll take up his case."

Trembling with emotion she readjusted her veil and with her handkerchief dried her tear-stained face. Going toward the door, she said:

"You needn't trouble yourself any more, Mr. Jeffries. We shan't need your help. Thank you very much for the interview. It was very kind of you to listen so patiently. Good afternoon, sir."

Before the astonished banker could stop her, she had thrown back the tapestry and disappeared through the door.



CHAPTER XIII.

In the very heart of Manhattan, right in the centre of the city's most congested district, an imposing edifice of gray stone, mediaeval in its style of architecture, towered high above all the surrounding dingy offices and squalid tenements. Its massive construction, steep walls, pointed turrets, raised parapets and long, narrow, slit-like windows, heavily barred, gave it the aspect of a feudal fortress incongruously set down plumb in the midst of twentieth-century New York. The dull roar of Broadway hummed a couple of blocks away; in the distance loomed the lofty, graceful spans of Brooklyn Bridge, jammed with its opposing streams of busy inter-urban traffic. The adjacent streets were filled with the din of hurrying crowds, the rattle of vehicles, the cries of vendors, the clang of street cars, the ugh! ugh! of speeding automobiles. The active, pulsating life of the metropolis surged like a rising flood about the tall gray walls, yet there was no response within. Grim, silent, sinister, the City Prison, popularly known as "the Tombs," seemed to have nothing in common with the daily activities of the big town in which, notwithstanding, it unhappily played an important part.

The present prison is a vastly different place to the old jail from which it got its melancholy cognomen. To-day there is not the slightest justification for the lugubrious epithet applied to it, but in the old days, when man's inhumanity to man was less a form of speech than a cold, merciless fact, the term "Tombs" described an intolerable and disgraceful condition fairly accurately. Formerly the cells in which the unfortunate prisoners were confined while awaiting trial were situated deep under ground and had neither light nor ventilation. A man might be guiltless of the offense with which he was charged, yet while awaiting an opportunity to prove his innocence he was condemned to spend days, sometimes months, in what was little better than a grave. Literally, he was buried alive. A party of foreigners visiting the prison one day were startled at seeing human beings confined in such holes. "They look like tombs!" cried some one. New York was amused at the singularly appropriate appelative, and it has stuck to the prison ever since.

But times change, and institutions with them. As man becomes more civilized he treats the law-breaker with more humanity. Probably society will always need its prisons, but as we become more enlightened we insist on treating our criminals more from the physiological and psychological standpoints than in the cruel, brutal, barbarous manner of the dark ages. In other words the sociologist insists that the law-breaker has greater need of the physician than he has of the jailer.

To-day the City Prison is a tomb in name only. It is admirably constructed, commodious, well ventilated. The cells are large and well lighted, with comfortable cots and all the modern sanitary arrangements. There are roomy corridors for daily exercise and luxurious shower baths can be obtained free for the asking. There are chapels for the religiously inclined and a library for the studious. The food is wholesome and well prepared in a large, scrupulously clean kitchen situated on the top floor. Carping critics have, indeed, declared the Tombs to be too luxurious, declaring that habitual criminals enjoy a stay at the prison and actually commit crime so that they may enjoy some of its hotel-like comforts.

It was with a sinking heart and a dull, gnawing sense of apprehension that Annie descended from a south-bound Madison Avenue car in Centre Street and approached the small portal under the forbidding gray walls. She had visited a prison once before, when her father died. She remembered the depressing ride in the train to Sing Sing, the formidable steel doors and ponderous bolts, the narrow cells, each with its involuntary occupant in degrading stripes and closely cropped hair, and the uniformed guards armed with rifles. She remembered how her mother wept and how she had wondered why they kept her poor da-da in such an ugly place. To think that after all these years she was again to go through a similar experience.

She had nerved herself for this ordeal. Anxious as she was to see Howard and learn from his lips all that had happened, she feared that she would never be able to see him behind the bars without breaking down. Yet she must be strong so she could work to set him free. So much had happened in the last two days. It seemed a month since the police had sent for her at midnight to hurry down to the Astruria, yet it was only two days ago. The morning following her trying interview with Captain Clinton in the dead man's apartment she had tried to see Howard, but without success. The police held him a close prisoner, pretending that he might make an attempt upon his life. There was nothing for her to do but wait.

Intuitively she realized the necessity of immediately securing the services of an able lawyer. There was no doubt of Howard's innocence, but she recalled with a shiver that even innocent persons have suffered capital punishment because they were unable to establish their innocence, so overwhelming were the appearances against them. He must have the best lawyer to be had, regardless of expense. Only one name occurred to her, the name of a man of international reputation, the mere mention of whose name in a courtroom filled the hearts of the innocent with hope and the guilty with dread. That man was Judge Brewster. She hurried downtown to his office and waited an hour before he could see her. Then he told her politely, but coldly, that he must decline to take her case. He knew well who she was, and he eyed her with some curiosity, but his manner was frigid and discouraging. There were plenty of lawyers in New York, he said. She must go elsewhere. Politely he bowed her out. Half of a precious day was already lost. Judge Brewster refused the case. To whom could she turn now? In despair, almost desperate, she drove up-town to Riverside Drive and forced an entrance into the Jeffries home. Here, again, she was met with a rebuff. Still not discouraged, she returned to Judge Brewster's office. He was out and she sat there an hour waiting to see him. Night came and he did not return. Almost prostrated with nervous exhaustion, she returned to their deserted little flat in Harlem.

It was going to be a hard fight, she saw that. But she would keep right on, no matter at what cost. Howard could not be left alone to perish without a hand to save him. Judge Brewster must come to his rescue. He could not refuse. She would return again to his office this afternoon and sit there all day long, if necessary, until he promised to take the case. He alone could save him. She would go to the lawyer and beg him on her knees if necessary, but first she must see Howard and bid him take courage.

A low doorway from Centre Street gave access to the gray fortress. At the heavy steel gate stood a portly policeman armed with a big key. Each time before letting people in or out he inserted this key in the ponderous lock. The gate would not open merely by turning the handle. This was to prevent the escape of prisoners, who might possibly succeed in reaching so far as the door, but could not open the steel gate without the big key. When once any one entered the prison he was not permitted to go out again except on a signal from a keeper.

When Annie entered, she found the reception room filled with visitors, men and women of all ages and nationalities who, like herself, had come to see some relative or friend in trouble. It was a motley and interesting crowd. There were fruit peddlers, sweat-shop workers, sporty-looking men, negroes and flashy-looking women. All seemed callous and indifferent as if quite at home amid the sinister surroundings of a prison. One or two others appeared to belong to a more respectable class, their sober manner and care-worn faces reflecting silently the humiliation and shame they felt at their kinsman's disgrace.

The small barred windows did not permit of much ventilation and, as the day was warm, the odor was sickening. Annie looked around fearfully, and humbly took her place at the end of the long line which slowly worked its way to the narrow inner grating where credentials were closely scrutinized. The horror of the place seized upon her. She wondered who all these poor people were and what the prisoners whom they came to see had done to offend the majesty of the law. The prison was filled with policemen and keepers, and running in and out with messages and packages were a number of men in neat linen suits. She asked a woman who they were.

"Them's trusties—prisoners that has special privileges in return for work they does about the prison."

The credentials were passed upon slowly and Annie, being the twentieth in line, found it a tedious wait. In front of her was a bestial-looking negro, behind her a woman whose cheap jewelry, rouged face and extravagant dress proclaimed her profession to be the most ancient in the world. But at last the gate was reached. As the doorkeeper examined her ticket he looked up at her with curiosity. A murderer is rare enough even in the Tombs to excite interest, and as she passed on the attendants whispered among themselves. She knew they were talking about her, but she steeled herself not to care. It was only a foretaste of other humiliations which she must expect.

A keeper now took charge of her and led her to a room where she was searched by a matron for concealed weapons, a humiliating ordeal to which even the richest and most influential visitors must submit with as good grace as possible. The matron was a hard-looking woman of about fifty years of age, in whom every spark of human pity and sympathy had been killed during her many years of constant association with criminals. The word "prison" had lost its meaning to her. She saw nothing undesirable in jail life, but looked upon the Tombs rather as a kind of boarding house in which people made short or long sojourns, according to their luck. She treated Annie unceremoniously, yet not unkindly.

"So you're the wife of Jeffries, whom they've got for murder, eh?" she said, as she rapidly ran her hands through the visitor's clothing.

"Yes," faltered Annie, "but it's all a mistake, I assure you. My husband's perfectly innocent. He wouldn't hurt a fly."

The woman grinned.

"They all say that, m'm." Lugubriously she added: "I hope you'll be more lucky than some others were."

Annie felt herself grow cold. Was this a sinister prophecy? She shuddered and, hastily taking a dollar from her purse, slipped it into the matron's hand.

"May I go now?" she said.

"Yes, my dear; I guess you've got nothing dangerous on you. We have to be very careful. I remember once when we had that Hoboken murderer here. He's the feller that cut his wife's head off and stuffed the body in a barrel. His mother came here to see him one day and what did I find inside her stocking but an innocent-looking little round pill, and if you please, it was nothing less than prussic acid. He would have swallowed it and the electric chair would have been cheated. So you see how careful we has to be."

Annie could not listen to any more. The horror of having Howard classed with fiends of that description sickened her. To the keeper she said quickly:

"Please take me to my husband."

Taking another dollar from her purse, she slipped the bill into the man's hand, feeling that, here as everywhere else, one must pay for privileges and courtesies. Her guide led the way and ushered her into an elevator, which, at a signal, started slowly upwards.

The cells in the Tombs are arranged in rows in the form of an ellipse in the centre of each of the six floors. There is room to accommodate nine hundred prisoners of both sexes. The men are confined in the new prison; the women, fewer in number, in what remains of the old building. Only the centre of each floor being taken up with the rows of narrow cells, there remains a broad corridor, running all the way round and flanked on the right by high walls with small barred windows. An observer from the street glancing up at the windows might conclude that they were those of the cells in which prisoners were confined. As a matter of fact, the cells have no windows, only a grating which looks directly out into the circular corridor.

At the fourth floor the elevator stopped and the heavy iron door swung back.

"This way," said the keeper, stepping out and quickly walking along the corridor. "He's in cell No. 456."

A lump rose in Annie's throat. The place was well ventilated, yet she thought she would faint from a choking feeling of restraint. All along the corridor to the left were iron doors painted yellow. In the upper part of the door were half a dozen broad slits through which one could see what was going on inside.

"Those are the cells," volunteered her guide.

Annie shuddered as, mentally, she pictured Howard locked up in such a dreadful place. She peered through one of the slits and saw a narrow cell about ten feet long by six wide. The only furnishings were a folding cot with blanket, a wash bowl and lavatory. Each cell had its occupant, men and youths of all ages. Some were reading, some playing cards. Some were lying asleep on their cots, perhaps dreaming of home, but most of them leaning dejectedly against the iron bars wondering when they would regain their liberty.

"Where are the women?" asked Annie, trying to keep down the lump that rose chokingly in her throat.

"They're in a separate part of the prison," replied the keeper.

"Isn't it dreadful?" she murmured.

"Not at all," he exclaimed cheerfully. "These prisoners fare better in prison than they do outside. I wager some of them are sorry to leave."

"But it's dreadful to be cooped up in those little cells, isn't it?" she said.

"Not so bad as it looks," he laughed. "They are allowed to come out in the corridor to exercise twice a day for an hour and there is a splendid shower bath they can take."

"Where is my husband's cell?" she whispered, almost dreading to hear the reply.

"There it is," he said, pointing to a door. "No. 456."

Walking rapidly ahead of her and stopping at one of the cell doors, he rapped loudly on the iron grating and cried:

"Jeffries, here's a lady come to see you. Wake up there!"

A white, drawn face approached the grating. Annie sprang forward.

"Howard!" she sobbed.

"Is it you, Annie?" came a weak voice through the bars.

"Can't I go in to him?" she asked pleadingly.

The keeper shook his head.

"No, m'm, you must talk through the bars, but I won't disturb you."

He walked away and the husband and wife were left facing each other. The tears were streaming down Annie's cheeks. It was dreadful to be standing there so close and yet not be able to throw her arms around him. Her heart ached as she saw the distress in his wan, pale face.

"Why didn't you come before?" he asked.

"I could not. They wouldn't let me. Oh, Howard," she gasped. "What a dreadful thing this is! Tell me how you got into such a scrape!"

He put his hand to his head as if it hurt him, and she noticed that his eyes looked queer. For a moment the agony of a terrible suspicion crossed her mind. Was it possible that in a moment of drunken recklessness he had shot Underwood? Quickly, almost breathlessly, she whispered to him:

"Tell me quickly, 'tis not true, is it? You did not kill Robert Underwood."

He shook his head.

"No," he said.

"Thank God for that!" she exclaimed. "But your confession—what does that mean?"

"I do not know. They told me I did it. They insisted I did it. He was sure I did it. He told me he knew I did it. He showed me the pistol. He was so insistent that I thought he was right—that I had done it." In a deep whisper he added earnestly, "But you know I didn't, don't you?"

"Who is he?" demanded Annie.

"The police captain."

"Oh, Captain Clinton told you you did it?"

Howard nodded.

"Yes, he told me he knew I did it. He kept me standing there six hours, questioning and questioning until I was ready to drop. I tried to sit down; he made me stand up. I did not know what I was saying or doing. He told me I killed Robert Underwood. He showed me the pistol under the strong light. The reflection from the polished nickel flashed into my eyes, everything suddenly became a blank. A few moments later the coroner came in and Captain Clinton told him I confessed. But it isn't true, Annie. You know I am as innocent of that murder as you are."

"Thank God, thank God!" exclaimed Annie. "I see it all now."

Her tears were dried. Her brain was beginning to work rapidly. She already saw a possible line of defense.

"I don't know how it all happened," went on Howard. "I don't know any more about it than you do. I left you to go to Underwood's apartment. On the way I foolishly took a drink. When I got there I took more whiskey. Before I knew it I was drunk. While talking I fell asleep. Suddenly I heard a woman's voice."

"Ah!" interrupted Annie. "You, too, heard a woman's voice. Captain Clinton said there was a woman in it." Thoughtfully, as if to herself, she added: "We must find that woman."

"When I woke up," continued Howard, "it was dark. Groping around for the electric light, I stumbled over something. It was Underwood's dead body. How he came by his death I have not the slightest idea. I at once realized the dangerous position I was in and I tried to leave the apartment unobserved. Just as I was going, Underwood's man-servant arrived and he handed me over to the police. That's the whole story. I've been here since yesterday and I'll be devilish glad to get out."

"You will get out," she cried. "I'm doing everything possible to get you free. I've been trying to get the best lawyer in the country—Richard Brewster."

"Richard Brewster!" exclaimed Howard. "He's my father's lawyer."

"I saw your father yesterday afternoon," she said quietly.

"You did!" he exclaimed, surprised. "Was he willing to receive you?"

"He had to," she replied. "I gave him a piece of my mind."

Howard looked at her in mingled amazement and admiration. That she should have dared to confront a man as proud and obstinate as his father astounded him.

"What did he say?" he asked eagerly.

"I asked him to come publicly to your support and to give you legal assistance. He refused, saying he could not be placed in a position of condoning such a crime and that your behavior and your marriage had made him wash his hands of you forever."

Tears filled Howard's eyes and his mouth quivered.

"Then my father believes me guilty of this horrible crime?" he exclaimed.

"He insisted that you must be guilty as you had confessed. He offered, though, to give you legal assistance, but only on one condition."

"What was that condition?" he demanded.

"That I consent to a divorce," replied Annie quietly.

"What did you say?"

"I said I'd consent to anything if it would help you, but when he told me that even then he would not come personally to your support I told him we would worry along without his assistance. On that I left him."

"You're a brave little woman!" cried Howard. Noticing her pale, anxious face, he said:

"You, too, must have suffered."

"Oh, never mind me," she rejoined quickly. "What we must do now is to get you out of this horrid place and clear your name before the world. We must show that your alleged confession is untrue; that it was dragged from you involuntarily. We must find that mysterious woman who came to Underwood's rooms while you lay on the couch asleep. Do you know what my theory is, Howard?"

"What?" demanded her husband.

"I believe you were hypnotized into making that confession. I've read of such things before. You know the boys in college often hypnotized you. You told me they made you do all kinds of things against your will. That big brute, Captain Clinton, simply forced his will on yours."

"By Jove—I never thought of that!" he exclaimed. "I know my head ached terribly after he got through all that questioning. When he made me look at that pistol I couldn't resist any more. But how are we going to break through the net which the police have thrown around me?"

"By getting the best lawyer we can procure. I shall insist on Judge Brewster taking the case. He declines, but I shall go to his office again this afternoon. He must——"

Howard shook his head.

"You'll not be able to get Brewster. He would never dare offend my father by taking up my case without his permission. He won't even see you."

"We'll see," she said quietly. "He'll see me if I have to sit in his office all day for weeks. I have decided to have Judge Brewster defend you because I believe it would mean acquittal. He will build up a defense that will defeat all the lies that the police have concocted. The police have a strong case because of your alleged confession. It will take a strong lawyer to fight them." Earnestly she added: "Howard, if your life is to be saved we must get Judge Brewster."

"All right, dear," he replied. "I can only leave it in your hands. I know that whatever you do will be for the best. I'll try to be as patient as I can. My only comfort is thinking of you, dear."

A heavy step resounded in the corridor. The keeper came up.

"Time's up, m'm," he said civilly.

Annie thrust her hand through the bars; Howard carried it reverently to his lips.

"Good-by, dear," she said. "Keep up your courage. You'll know that I am working for your release every moment. I won't leave a stone unturned."

"Good-by, darling," he murmured.

He looked at her longingly and there were tears in her eyes as she turned away.

"I'll be back very soon," she said.

A few minutes later they were in the elevator and she passed through the big steel gate once more into the sunlit street.



CHAPTER XIV.

Outwardly, at least, Judge Brewster's offices at 83 Broadway in no way differed from the offices of ten thousand other lawyers who strive to eke out a difficult living in the most overcrowded of all the professions. They consisted of a modest suite of rooms on the sixth floor. There was a small outer office with a railed-off inclosure, behind which sat a half dozen stenographers busy copying legal documents; as many men clerks were writing at desks, and the walls were fitted with shelves filled with ponderous law books. In one corner was a room with glass door marked "Mr. Brewster, Private."

Assuredly no casual visitor could guess from the appearance of the place that this was the headquarters of one of the most brilliant legal minds in the country, yet in this very office had been prepared some of the most sensational victories ever recorded in the law courts.

Visitors to Judge Brewster's office were not many. A man of such renown was naturally expensive. Few could afford to retain his services and in fact he was seldom called upon except to act in the interest of wealthy corporations. In these cases, of course, his fees were enormous. He had very few private clients; in fact, he declined much private practice that was offered to him. He had been the legal adviser of Howard Jeffries, Sr., for many years. The two men had known each other in their younger days and practically had won success together—the one in the banking business, the other in the service of the law. An important trust company, of which Mr. Jeffries was president, was constantly involved in all kinds of litigation of which Judge Brewster had exclusive charge. As the lawyer found this highly remunerative, it was only natural that he had no desire to lose Mr. Jeffries as a client.

Secluded in his private office, the judge was busy at his desk, finishing a letter. He folded it up, addressed an envelope, then lit a cigar and looked at the time. It was three o'clock. The day's work was about over and he smiled with satisfaction as he thought of the automobile ride in the park he would enjoy before dressing and going to his club for dinner. He felt in singularly good spirits that afternoon. He had just won in the court a very complicated case which meant not only a handsome addition to his bank account, but a signal triumph over his legal opponents. Certainly, fortune smiled on him. He had no other immediate cases on hand to worry about. He could look forward to a few weeks of absolute rest. He struck a bell on his desk and a clerk entered. Handing him the note he had just written, he said:

"Have this sent at once by messenger."

"Very well, judge," answered the clerk.

"By the bye," frowned the lawyer, "has that woman been in to-day?"

"Yes—she sat in the outer office all morning, trying to see you. We said you were out of town, but she did not believe it. She sat there till she got tired. She had no idea that you went out by another stairway."

"Humph," growled the lawyer; "a nice thing to be besieged in this manner. If she annoys me much longer, I shall send for the police."

At that moment another clerk entered the room.

"What is it, Mr. Jones?" demanded the lawyer.

"A lady to see you, judge," said the clerk, handing him a card.

The lawyer glanced at the bit of pasteboard, and said immediately:

"Oh, yes, show her in."

The two clerks left the room and Judge Brewster, after a glance in the mirror to re-adjust his cravat, turned to greet his visitor. The door opened and Alicia entered. She was faultlessly gowned, as usual, but her manner was flurried and agitated. Evidently something had happened to upset her, and she had come to make her husband's lawyer the confidant of her troubles. The judge advanced gallantly and pointed to a chair.

"Good morning, my dear Mrs. Jeffries, how do you do?"

"Is Mr. Jeffries here?" asked Alicia hurriedly.

"Not yet," he replied, smiling. "This is an unexpected pleasure. I think it is the first time you have graced my office with your presence."

"How quiet it is here!" she exclaimed, looking around nervously. "It is hard to believe this is the very centre of the city." Taking the seat offered to her, she went on:

"Oh, judge, we are dreadfully worried."

"You mean about the Underwood case?"

Alicia nodded.

"Yes, Mr. Jeffries is terribly upset. As if the coming trial and all the rest of the scandal were not enough. But now we have to face something even worse, something that affects me even more than my husband. Really, I'm frantic about it."

"What's happened now?" asked the lawyer calmly.

"That woman is going on the stage, that's all!" she snapped.

"H'm," said the lawyer calmly.

"Just think!" she cried, "the name, 'Mrs. Howard Jeffries'—my name—paraded before the public! At a time when everything should be done to keep it out of the papers this woman is going to flaunt herself on the stage!"

She fanned herself indignantly, while the lawyer rapped his desk absent-mindedly with a paper cutter. Alicia went on:

"You know I have never met the woman. What is she like? I understand she's been bothering you to take the case of that worthless husband of hers. Do you know she had the impertinence to come to our house and ask Mr. Jeffries to help them? I asked my husband to describe her, but all I could get from him was that she was impertinent and impossible." She hesitated a moment, then she added: "Is she as pretty as her pictures in the paper? You've seen her, of course?"

Judge Brewster frowned.

"Yes," he replied. "She comes here every day regularly. She literally compels me to see her and refuses to go till I've told her I haven't changed my decision about taking her case."

"What insolence!" exclaimed Alicia. "I should think that you would have her put out of the office."

The lawyer was silent and toyed somewhat nervously with the paper cutter, as if not quite decided as to what response to make. He coughed and fussed with the papers on the desk.

"Why don't you have her put out of the office?" she repeated.

The judge looked up. There was an expression in his face that might have been interpreted as one of annoyance, as if he rather resented this intrusion into his business affairs, but Mrs. Jeffries, Sr., was too important a client to quarrel with, so he merely said:

"Frankly, Mrs. Jeffries, if it were not for the fact that Mr. Jeffries has exacted from me a promise not to take up this case, I should be tempted to—consider the matter. In the first place, you know I always liked Howard. I saw a good deal of him before your marriage to Mr. Jeffries. He was always a wild, unmanageable boy, weak in character, but he had many lovable traits. I am very sorry indeed, to see him in such a terrible position. It was hard for me to realize it and I should never have believed him guilty had he not confessed to the crime."

"Yes," she assented. "It is an awful thing and a terrible blow to his father. Of course, he has had nothing to do with Howard for months. As you know, he turned him out of doors long ago, but the disgrace is none the less overwhelming."

The lawyer looked out of the window and drummed his fingers on the arm of his chair. Suddenly wheeling round, and facing his client, he said:

"You know this girl he married is no ordinary woman."

"Oh!" she exclaimed sarcastically. "She has succeeded in arousing your sympathy."

The judge bowed coldly.

"No," he replied. "I would hardly say that. But she has aroused my curiosity. She is a very peculiar girl, evidently a creature of impulse and determination. I certainly feel sorry for her. Her position is a very painful one. She has been married only a few months, and now her husband has to face the most awful accusation that can be brought against a man. She is plucky in spite of it all, and is moving heaven and earth in Howard's defense. She believes herself to be in some measure responsible for his misfortune. Apart from that, the case interests me from a purely professional point of view. There are several strange features connected with the case. Sometimes, in spite of Howard's confession, I don't believe he committed that crime."

Alicia changed color and, shifting uneasily on her chair, scrutinized the lawyer's face. What was behind that calm, inscrutable mask? What theory had he formed? One newspaper had suggested suicide. She might herself come forward and declare that Robert Underwood had threatened to take his own life, but how could she face the scandal which such a course would involve? She would have to admit visiting Underwood's rooms at midnight alone. That surely would ruin her in the eyes not only of her husband, but of the whole world. If this sacrifice of her good name were necessary to save an innocent man's life, perhaps she might summon up enough courage to make it. But, after all, she was by no means sure herself that Underwood had committed suicide. Howard had confessed, so why should she jeopardize her good name uselessly?

"No," repeated the judge, shaking his head, "there's something strange in the whole affair. I don't believe Howard had any hand in it."

"But he confessed!" exclaimed Alicia.

The judge shook his head.

"That's nothing," he said. "There have been many instances of untrue confessions. A famous affair of the kind was the Boorn case in Vermont. Two brothers confessed having killed their brother-in-law and described how they destroyed the body, yet some time afterward the murdered man turned up alive and well. The object of the confession, of course, was to turn the verdict from murder to manslaughter, the circumstantial evidence against them having been so strong. In the days of witchcraft the unfortunate women accused of being witches were often urged by relatives to confess as being the only way of escape open to them. Ann Foster, at Salem, in 1692, confessed that she was a witch. She said the devil appeared to her in the shape of a bird, and that she attended a meeting of witches at Salem village. She was not insane, but the horror of the accusation brought against her had been too much for a weak mind. Howard's confession may possibly be due to some such influence."

"I hope for his poor father's sake," said Alicia, "that you may be right and that he may be proved innocent, but everything is overwhelmingly against him. I think you are the only one in New York to express such a doubt."

"Don't forget his wife," remarked the judge dryly.

"No," she replied. "I really feel sorry for the girl myself. Will you give her some money if I——"

The lawyer shook his head.

"She won't take it. I tried it. She wants me to defend her husband—I tried to bribe her to go to some other lawyer, but it wouldn't work."

"Well, something ought to be done to stop her annoying us!" exclaimed Alicia indignantly. "Mr. Jeffries suffers terribly. I can hear him pacing up and down the library till three or four in the morning. Poor man, he suffers so keenly and he won't let any one sympathize with him. He won't let me mention his son's name. I feel we ought to do something. Try and persuade him to let me see this girl and—you are his friend as well as his legal adviser."

Judge Brewster bowed.

"Your husband is a very old friend, Mrs. Jeffries. I can't disregard his wishes entirely——"

There was a knock at the door of the private office.

"Come in," called the judge.

The door opened and the head clerk entered, ushering in Howard Jeffries, Sr. The banker, still aristocratic and dignified, but looking tired and care-worn, advanced into the room and shook hands with the judge, who greeted him with a cordial smile. There was no response on the banker's face. Querulously he demanded:

"Brewster, what's that woman doing out there again? It's not the first time I've met her in this office."

Alicia looked up eagerly. "Is she out there now?" she cried.

"What right has she to come here? What's her object?" went on the banker irritatedly.

The lawyer shrugged his shoulders.

"The same old thing," he replied. "She wants me to take her case."

The banker frowned.

"Didn't you tell her it was impossible?"

"That makes no difference," laughed the judge. "She comes just the same. I've sent her away a dozen times. What am I to do if she insists on coming? We can't have her arrested. She doesn't break the furniture or beat the office boy. She simply sits and waits."

"Have you told her that I object to her coming here?" demanded the banker haughtily.

"I have," replied the judge calmly, "but she has overruled your objection." With a covert smile he added, "You know we can't use force."

Mr. Jeffries shrugged his shoulders impatiently.

"You can certainly use moral force," he said.

"What do you mean by moral force?" demanded the lawyer.

Mr. Jeffries threw up his hands as if utterly disgusted with the whole business. Almost angrily he answered:

"Moral force is moral force. I mean persuasion, of course. Good God, why can't people understand these things as I do?"

The judge said nothing, but turned to examine some papers on his desk. He hardly liked the inference that he could not see things as plainly as other people, but what was the use of getting irritated? He couldn't afford to quarrel with one of his best clients.

Alicia looked at her husband anxiously. Laying her hand on his arm, she said soothingly:

"Perhaps if I were to see her——"

Mr. Jeffries turned angrily.

"How can you think of such a thing? I can't permit my wife to come in contact with a woman of that character."

Judge Brewster, who was listening in spite of the fact that he was seemingly engrossed in his papers, pursed his lips.

"Oh, come," he said with a forced laugh, "she's not as bad as all that!"

"I'm sure she isn't," said Alicia emphatically. "She must be amenable to reason."

The banker's wife was not altogether bad. Excessive vanity and ambition had steeled her heart and stifled impulses that were naturally good, but otherwise she was not wholly devoid of feeling. She was really sorry for this poor little woman who was fighting so bravely to save her husband. No doubt she had inveigled Howard into marrying her, but she—Alicia—had no right to sit in judgment on her for that. If the girl had been ambitious to marry above her, in what way was she more guilty than she herself had been in marrying a man she did not love, simply for his wealth and social position? Besides, Alicia was herself sorely troubled. Her conscience told her that a word from her might set the whole matter right. She might be able to prove that Underwood committed suicide. She knew she was a coward and worse than a coward because she dare not speak that word. The more she saw her husband's anger the less courage she had to do it. In any case, she argued to herself, Howard had confessed. If he shot Underwood there was no suicide, so why should she incriminate herself needlessly? But there was no reason why she should not show some sympathy for the poor girl who, after all, was only doing what any good wife should do. Aloud she repeated:

"I'll see the girl and talk to her. She must listen to reason."

"Reason!" exploded the banker angrily. "How can you expect reason from a woman who hounds us, dogs our footsteps, tries to compel us to—take her up?"

Judge Brewster, who had apparently paid no attention to the banker's remarks, now turned around. Hesitatingly he said:

"I think you do her an injustice, Jeffries. She comes every day in the hope that your feelings toward your son have changed. She wishes to give color to the belief that his father's lawyers are championing his cause. She was honest enough to tell me so. You know her movements are closely watched by the newspapers and she takes good care to let the reporters think that she comes here to discuss with me the details of her husband's defense."

The banker shifted impatiently on his chair. Contemptuously he said:

"The newspapers which I read don't give her the slightest attention. If they did I should refuse to read them." With growing irritation he went on:

"It's no use talking about her any more. What are we going to do about this latest scandal? This woman is going on the stage to be exhibited all over the country and she proposes to use the family name."

"There is nothing to prevent her," said the lawyer dryly.

The banker jumped to his feet and exclaimed angrily:

"There must be! Good God, Brewster, surely you can obtain an injunction restraining her from using the family name! You must do something. What do you advise?"

"I advise patience," replied the judge calmly.

But Mr. Jeffries had no patience. He was a man who was not accustomed to have his wishes thwarted. He did not understand why there should be the slightest difficulty in carrying out his instructions.

"Any one can advise patience!" he exclaimed hotly, "but that's not doing anything." Banging the desk angrily with his fist, he shouted: "I want something done!"

Judge Brewster looked up at his client with surprise. The judge never lost his temper. Even in the most acrimonious wrangles in the courtroom he was always the suave, polished gentleman. There was a shade of reproach in his tone as he replied:

"Come, come, don't lose your temper! I'll do what I can, but there is nothing to be done in the way you suggest. The most I can do is to remain loyal to you, although—to be quite candid—I confess it goes against the grain to keep my hands off this case. As I told your wife, there are certain features about it which interest me keenly. I feel that you are wrong to——"

"No, Brewster!" interrupted Mr. Jeffries explosively. "I'm right! I'm right! You know it, but you won't admit it."

The lawyer shrugged his shoulders and turned to his desk again. Laconically, he said:

"Well, I won't argue the matter with you. You refuse to be advised by me and——"

The banker looked up impatiently.

"What is your advice?"

The lawyer, without looking up from his papers, said quietly:

"You know what my feelings in the matter are."

"And you know what mine are!" exclaimed the banker hotly. "I refuse to be engulfed in this wave of hysterical sympathy with criminals. I will not be stamped with the same hall mark as the man who takes the life of his fellow being—though the man be my own son. I will not set the seal of approval on crime by defending it."

The lawyer bowed and said calmly:

"Then, sir, you must expect exactly what is happening. This girl, whatever she may be, is devoted to your son. She is his wife. She'll go to any extreme to help him—even to selling her name for money to pay for his defense."

The banker threw up his hands with impatience.

"It's a matter of principle with me. Her devotion is not the question." With a mocking laugh he went on: "Sentimentality doesn't appeal to me. The whole thing is distasteful and hideous to me. My instructions to you are to prevent her using the family name on the stage, to buy her off on her own terms, to get rid of her at any price."

"Except the price she asks," interposed the lawyer dryly. Shaking his head, he went on:

"You'll find that a wife's devotion is a very strong motive power, Jeffries. It will move irresistibly forward in spite of all the barriers you and I can erect to stay its progress. That may sound like a platitude, but it's a fact nevertheless."

Alicia, who had been listening with varied emotions to the conversation, now interrupted timidly:

"Perhaps Judge Brewster is right, dear. After all, the girl is working to save your son. Public opinion may think it unnatural——"

The banker turned on his wife. Sternly he said:

"Alicia, I cannot permit you to interfere. That young man is a self-confessed murderer and therefore no son of mine. I've done with him long ago. I cannot be moved by maudlin sentimentality. Please let that be final." Turning to the lawyer, he said coldly:

"So, in the matter of this stage business, you can take no steps to restrain her?"

The lawyer shook his head.

"No, there is nothing I can do." Quickly he added: "Of course, you don't doubt my loyalty to you?"

Mr. Jeffries shook his head.

"No, no, Brewster."

The lawyer laughed as he said:

"Right or wrong, you know—'my country'—that is, my client—''tis of thee.'" Turning to Alicia, he added laughingly: "That's the painful part of a lawyer's profession, Mrs. Jeffries. The client's weakness is the lawyer's strength. When men hate each other and rob each other we lawyers don't pacify them. We dare not, because that is our profession. We encourage them. We pit them against each other for profit. If we didn't they'd go to some lawyer who would."

Alicia gave a feeble smile.

"Yes," she replied; "I'm afraid we all love to be advised to do what we want to do."

Mr. Jeffries made an impatient gesture of dissent. Scoffingly he remarked:

"That may apply to the great generality of people, but not to me."

Judge Brewster looked skeptical, but made no further comment. The banker rose and Alicia followed suit. As he moved toward the door, he turned and said:

"Drop in and see me this evening, Brewster. Mrs. Jeffries will be delighted if you will dine with us."

Alicia smiled graciously. "Do come, judge; we shall be all alone."

The lawyer bent low over her hand as he said good-by. Mr. Jeffries had already reached the door, when he turned again and said:

"Are you sure a very liberal offer wouldn't induce her to drop the name?"

The lawyer shook his head doubtfully.

"Well, see what you can do," cried the banker. To his wife he said: "Are you coming, Alicia?"

"Just a moment, dear," she replied. "I want to say a word to the judge."

"All right," replied the banker. "I'll be outside." He opened the door, and as he did so he turned to the lawyer:

"If there are any new developments let me know at once."

He left the office and Alicia breathed a sigh of relief. She did not love her husband, but she feared him. He was not only twenty years her senior, but his cold, aristocratic manner intimidated her. Her first impulse had been to tell him everything, but she dare not. His manner discouraged her. He would begin to ask questions, questions which she could not answer without seriously incriminating herself. But her conscience would not allow her to stand entirely aloof from the tragedy in which her husband's scapegrace son was involved. She felt a strange, unaccountable desire to meet this girl Howard had married. In a quick undertone to the lawyer, she said:

"I must see that woman, judge. I think I can persuade her to change her course of action. In any case I must see her, I must——" Looking at him questioningly, she said: "You don't think it inadvisable, do you?"

The judge smiled grimly.

"I think I'd better see her first," he said. "Suppose you come back a little later. It's more than probable that she'll be here this afternoon. I'll see her and arrange for an interview."

There was a knock at the door, and Alicia started guiltily, thinking her husband might have overheard their conversation. The head clerk entered and whispered something to the judge, after which he retired. The lawyer turned to Alicia with a smile.

"It's just as I thought," he said pleasantly, "she's out there now. You'd better go and leave her to me."

The door opened again unceremoniously, and Mr. Jeffries put in his head:

"Aren't you coming, Alicia?" he demanded impatiently. In a lower voice to the lawyer, he added: "Say, Brewster, that woman is outside in your office. Now is your opportunity to come to some arrangement with her."

Again Mrs. Jeffries held out her hand.

"Good-by, judge; you're so kind! It needs a lot of patience to be a lawyer, doesn't it?"

Judge Brewster laughed, and added in an undertone:

"Come back by and by."

The door closed, and the lawyer went back to his desk. For a few moments he sat still plunged in deep thought. Suddenly, he touched a bell. The head clerk entered.

"Show Mrs. Howard Jeffries, Jr., in."

The clerk looked surprised. Strict orders hitherto had been to show the unwelcome visitor out. He believed that he had not heard aright.

"Did you say Mrs. Jeffries, Jr., judge?"

"I said Mrs. Jeffries, Jr.," replied the lawyer grimly.

"Very well, judge," said the clerk, as he left the room.

Presently there was a timid knock at the door.

"Come in!" called out the lawyer.



CHAPTER XV.

Annie entered the presence of the famous lawyer pale and ill at ease. This sudden summons to Judge Brewster's private office was so unexpected that it came like a shock. For days she had haunted the premises, sitting in the outer office for hours at a time exposed to the stare and covert smiles of thoughtless clerks and office boys. Her requests for an interview had been met with curt refusals. They either said the judge was out of town or else that he was too busy to be seen. At last, evidently acting upon orders, they flatly refused to even send in her name, and she had about abandoned hope when, all at once, a clerk approached her, and addressing her more politely than usual, said that the judge would see her in a few minutes.

Her heart gave a great throb. Almost speechless from surprise, she stammered a faint thanks and braced herself for the interview on which so much depended. For the first time since the terrible affair had happened, there was a faint glimmer of hope ahead. If only she could rush over to the Tombs and tell Howard the joyful news so he might keep up his courage! It was eight days now since Howard's arrest, and the trial would take place in six weeks. There was still time to prepare a strong defense if the judge would only consent to take the case. She was more sure than ever that a clever lawyer would have no difficulty in convincing a jury that Howard's alleged "confession" was untrue and improperly obtained.

In the intervals of waiting to see the lawyer, she had consulted every one she knew, and among others she had talked with Dr. Bernstein, the noted psychologist, whom she had seen once at Yale. He received her kindly and listened attentively to her story. When she had finished he had evinced the greatest interest. He told her that he happened to be the physician called in on the night of the tragedy, and at that time he had grave doubts as to it being a case of murder. He believed it was suicide, and he had told Captain Clinton so, but the police captain had made up his mind, and that was the end of it. Howard's "confession," he went on, really meant nothing. If called to the stand he could show the jury that a hypnotic subject can be made to "confess" to anything. In the interest of truth, justice, and science, he said, he would gladly come to her aid.

All this she would tell Judge Brewster. It would be of great help to him, no doubt. Suddenly, a cold shiver ran through her. How did she know he would take the case? Perhaps this summons to his office was only to tell her once more that he would have nothing to do with her and her husband. She wondered why he had decided so suddenly to see her and, like a flash, an idea came to her. She had seen Mr. Jeffries, Sr., enter the inner sanctum and, instinctively, she felt that she had something to do with his visit. The banker had come out accompanied by a richly dressed woman whom she guessed to be his wife.

She looked with much interest at Howard's stepmother. She had heard so much about her that it seemed to her that she knew her personally. As Alicia swept proudly by, the eyes of the two women met, and Annie was surprised to see in the banker's wife's face, instead of the cold, haughty stare she expected, a wistful, longing look, as if she would like to stop and talk with her, but dare not. In another instant she was gone, and, obeying a clerk, who beckoned her to follow him, she entered Judge Brewster's office.

The lawyer looked up as she came in, but did not move from his seat. Gruffly he said:

"How long do you intend to keep up this system of—warfare? How long are you going to continue forcing your way into this office?"

"I didn't force my way in," she said quietly. "I didn't expect to come in. The clerk said you wanted to see me."

The lawyer frowned and scrutinized her closely. After a pause, he said:

"I want to tell you for the fiftieth time I can do nothing for you."

"Fifty?" she echoed. "Fifty did you say? Really, it doesn't seem that much."

Judge Brewster looked at her quickly to see if she was laughing at him. Almost peevishly, he said:

"For the last time, I repeat I can do nothing for you."



"Not the last time, judge," she replied, shaking her head. "I shall come again to-morrow."

The lawyer swung around in his chair with indignation.

"You will——?"

Annie nodded.

"Yes, sir," she said quietly.

"You're determined to force your way in here?" exclaimed the lawyer.

"Yes, sir."

The judge banged the desk with his fist.

"But I won't allow it! I have something to say, you know! I can't permit this to go on. I represent my client, Mr. Howard Jeffries, Sr., and he won't consent to my taking up your husband's case."

There was a shade of sarcasm in Annie's voice as she asked calmly:

"Can't you do it without his consent?"

The lawyer looked at her grimly.

"I can," he blurted out, "but—I won't."

Her eyes flashed as she replied quickly.

"Well, you ought to——"

The lawyer looked up in amazement.

"What do you mean?" he demanded.

"It's your duty to do it," she said quietly. "Your duty to his son, to me, and to Mr. Jeffries himself. Why, he's so eaten up with his family pride and false principles that he can't see the difference between right and wrong. You're his lawyer. It's your duty to put him right. It's downright wicked of you to refuse—you're hurting him. Why, when I was hunting around for a lawyer one of them actually refused to take up the case because he said old Brewster must think Howard was guilty or he'd have taken it up himself. You and his father are putting the whole world against him, and you know it."

The judge was staggered. No one in his recollection had ever dared to speak to him like that. He was so astonished that he forgot to resent it, and he hid his confusion by taking out his handkerchief and mopping his forehead.

"I do know it," he admitted.

"Then why do you do it?" she snapped.

The lawyer hesitated, and then he said:

"I—that's not the question."

Annie leaped quickly forward, and she replied:

"It's my question—and as you say, I've asked it fifty times."

The lawyer sat back in his chair and looked at her for a moment without speaking. He surveyed her critically from head to foot, and then, as if satisfied with his examination, said:

"You're going on the stage?"

She nodded.

"I've had a very big offer."

The judge leaned forward, and in a low voice, so that no one in the outer office might hear, he said:

"Well, I'll give you twice as much if you refuse the engagement."

She laughed ironically.

"You mean that my father-in-law will give it," she said lightly. Then she went on:

"You know it's no use your asking me to concede anything unless you agree to defend Howard."

The lawyer shook his head.

"I can't—it's impossible."

"Then neither can I," she exclaimed defiantly.

Judge Brewster could not refrain from smiling. This young woman had actually inveigled him into an argument. Almost mockingly, he said:

"So you're determined to have me."

"Yes," she said simply.

"But I don't argue criminal cases."

"That's just it," she exclaimed eagerly; "my husband is not a criminal. He is innocent. I don't want a lawyer who is always defending criminals. I want one who defends a man because he isn't a criminal."

Judge Brewster waved his hand contemptuously.

"Go and see some other lawyer—there are plenty of 'em."

She leaned eagerly forward. Her face was flushed from excitement, her eyes flashed.

"There's only one Judge Brewster," she exclaimed. "He's the greatest lawyer in the world, and he's going to help us. He is going to save Howard's life."

The judge shifted uneasily on his chair. He didn't like this forceful, persistent young woman. Almost fretfully, he said:

"You always say that. Upon my word, I shall begin to believe it soon."

"I shall say it again," she exclaimed, "and again every time I see you."

The lawyer turned round. There was a comic look of despair in his face which would have amused his visitor had her errand not been so serious.

"How often do you intend that shall be?"

"Every day," she replied calmly. "I shall say it and think it until—until it comes true."

Judge Brewster tried to feel angry, although inwardly he had hard work to keep from smiling. With pretended indignation, he said:

"You mean that you intend to keep at me until I give way—through sheer exhaustion?"

She nodded.

"That's it exactly," she said.

The lawyer gasped.

"Well, I must say you—you—you're very brave."

Annie shook her head.

"No, I'm not," she said earnestly. "I'm an awful coward, but I'm fighting for him. Howard Jeffries lifted me up when I was way down in the world. He gave me his name. He gave me all he had, to make me a better woman, and I'm grateful. Why, even a dog has gratitude, even a dog will lick the hand that feeds him. Why should I hesitate to express my gratitude? That's all I'm doing—just paying him back a bit of the debt I owe him, and I'm going to move Heaven and earth to bring his father around to my way of thinking. I've got you already——"

The judge bounded to his feet. Could his ears have heard aright?

"Got me already?" he exclaimed. "What do you mean by that?"

Annie returned his angry look with the utmost calm. She was playing her cards well, and she knew it. She had hit the old man in a sensitive place. Quietly, she went on:

"You'd say 'yes' in a minute if it wasn't for Mr. Jeffries."

"Oh, you think so, do you?" he gasped.

"I'm sure of it," she replied confidently. Boldly she went on: "You're afraid of him."

Judge Brewster laughed heartily.

"Afraid of him?" he echoed.

"It isn't so funny," she went on. "You're afraid of opposing him. I'm not surprised. I'm afraid of him myself."

The lawyer looked at her in an amused kind of way.

"Then why do you oppose him in everything?" he demanded.

Annie laughed as she replied:

"That's the only way I can get his attention. Why, when he met me out there to-day he actually looked at me. For the first time in his life he recognized that he has a daughter-in-law. He looked at me—and I'm not sure, but I think he wanted to bow to me. He's kind of beginning to sit up and take notice."

Judge Brewster frowned. He did not like the insinuation that he was afraid to do the right thing because it might interfere with his emoluments. Yet, secretly, he had to admit to himself that she had almost guessed right. Now he came to think of it, he had taken this stand in the matter because he knew that any other course would displease his wealthy client. After all, was he doing right? Was he acting in conformance with his professional oath? Was he not letting his material interests interfere with his duty? He was silent for several minutes, and then, in an absent-minded kind of way, he turned to his visitor.

"So you think I'm afraid of him, do you?"

"I'm sure of it," she said quickly. "You liked my husband, and you'd just love to rush in and fight for him. His father thinks he is guilty and, well—you don't like to disobey him. It's very natural. He's an influential man, a personal friend of the President and all that. You know on which side your bread is buttered, and—oh, it's very natural—you're looking out for your own interests——"

Judge Brewster interrupted her impatiently.

"Circumstances are against Howard. Your father judges him guilty from his own confession. It's the conclusion I'm compelled to come to myself. Now, how do you propose to change that conclusion?"

"You don't have to change it," she said quietly, "You don't believe Howard guilty."

"I don't?" exclaimed the lawyer.

"No, at the bottom of your heart. You knew Howard when he was a boy, and you know he is as incapable of that crime as you are."

Judge Brewster lapsed into silence, and there followed a perfect quiet, broken only by the suppressed chatter of the clerks and clicking of the typewriters in the outer office. Annie watched him closely, wondering what was passing in his mind, fearing in her heart that she might have prejudiced him against her husband only the more. Suddenly he turned on her.

"Mrs. Jeffries, how do you know that your husband did not kill Robert Underwood?"

"I know it," she said confidently.

"Yes," persisted the judge, "but how do you know it?"

Annie looked steadily at him, and then she said solemnly:

"I know there's a God, but I can't tell you how I know it. I just know it, that's all! Howard didn't do it. I know he didn't."

The lawyer smiled.

"That's a very fair sample of feminine logic."

"Well, it's all I have," she retorted, with a toss of her head. "And it's a mighty comfort, too, because when you know a thing you know it and it makes you happy."

Judge Brewster laughed outright.

"Feminine deduction!" he cried. "Think a thing, believe it, and then you know it!" Looking up at her, he asked:

"Haven't you any relatives to whom you can go?"

She shook her head.

"No," she said sadly. "My father died in—Sing Sing—and the rest are not worth——"

"Yes, yes, I know," replied the judge hastily. "I got your family history from Mr. Jeffries after your marriage. It is filed away among the family archives."

She smiled sadly.

"It's a wonder you don't burn 'em up—my folks were not a very brilliant lot." Earnestly she went on: "But my father was all right, judge. Blood was thicker than water with him. He'd never have gone back on me in the way Howard's father has on him."

The lawyer looked at her fixedly without speaking. Their eyes met, and the silence continued until it became embarrassing. Judge Brewster shook his head.

"It's too bad. I'm sorry for you, really, I——"

Annie laughed, and he asked:

"Why do you laugh?"

"What's the use of crying?" she said. "Ha! Ha! It's almost a joke. You're sorry, my father-in-law is sorry, and I suppose my mother-in-law is shedding tears for me, too. You're all sorry and you're all wearing crape for us, but why can't some of you do something?"

The lawyer said nothing. He still stared at her in a strange, absent-minded kind of way, until finally she lost patience. Boldly she said:

"Well, you sent for me. What do you want to see me about, judge?"

"I want to tell you that you mustn't come here again," he answered.

"Anything else?" she exclaimed.

The judge began to fuss with the papers on his desk, as he usually did when embarrassed for words.

"Of course," he stammered, "you will be amply compensated."

"Of course," she cried. Rising from her chair, she shrugged her shoulders, and said:

"Oh, well, this is not my lucky day. They wouldn't let me into the prison to see Howard to-day. Captain Clinton doesn't like me. He has always tried to prevent my seeing Howard, but I'll see him to-morrow, captain or no captain. He can make up his mind to that!"

The lawyer looked up at her.

"Poor girl—you are having a hard time, aren't you?"

"Things have been better," she replied, with a tremor in her voice. "Howard and I were very happy when we first——" A sob choked her utterance, and she forced a laugh, saying: "Here, I must keep off that subject——"

"Why do you laugh?" demanded the lawyer.

Already hysterical, Annie had great difficulty in keeping back her tears.

"Well, if I don't laugh," she sobbed, "I'll cry; and as I don't want to cry—why—I just laugh. It's got to be one or the other—see——?"

He said nothing, and she continued:

"Well, I guess I'll go home—home—that's the worst part of it—home——"

She stopped short, she could go no further. Her bosom was heaving, the hot tears were rolling down her cheeks. The old lawyer turned away his head so that she might not see the suspicious redness in his eyes. Moving toward the door, she turned around.

"Well, you have your own troubles, judge. I'll go now, but I'll come again to-morrow. Perhaps you'll have better news for me."

The lawyer waved her back to her seat with a commanding gesture she could not resist. There was determination around his mouth; in his face was an expression she had not seen there before.

"Sit down again for a moment," he said sharply. "I want to ask you a question. How do you account for Howard's confessing to the shooting?"

"I don't account for it," she replied, as she resumed her seat. "He says he didn't confess. I don't believe he did."

"But three witnesses——"

"Who are the witnesses?" she interrupted contemptuously. "Policemen!"

"That makes no difference," he said. "He made a confession and signed——"

Annie leaned forward. What did this questioning mean? Was the judge becoming interested after all? Her heart gave a leap as she answered eagerly:

"He confessed against his will. I mean—he didn't know what he was doing at the time. I've had a talk with the physician who was called in—Dr. Bernstein. He says that Captain Clinton is a hypnotist, that he can compel people to say what he wants them to say. Well, Howard is—what they call a subject—they told him he did it till he believed he did."

She looked narrowly at the lawyer to see what effect her words were having, but to her great disappointment the judge was apparently paying not the slightest attention. He was gazing out of the window and drumming his fingers absent-mindedly on the desk. Utterly discouraged, she again rose.

"Oh, well, what's the use——?"

The judge quickly put out his hand and partly pushed her back in the chair.

"Don't go," he said. Then he added:

"Who told you he was a hypnotic subject?"

Her hopes revived once more. Quickly she said:

"Dr. Bernstein. Besides, Howard told me so himself. A friend of his at college used to make him cut all sorts of capers."

"A friend at college, eh? Do you remember his name?"

"Howard knows it."

"Um!" ejaculated the lawyer. He took up a pad and wrote a memorandum on it. Then aloud he said: "I'd like to have a little talk with Dr. Bernstein. I think I'll ask him to come and see me. Let me see. His address is——"

"342 Madison Avenue," she exclaimed eagerly.

The lawyer jotted the address down, and then he looked up.

"So you think I'm afraid of Mr. Jeffries, do you?"

She smiled.

"Oh, no, not really afraid," she answered, "but just—scared. I didn't mean——"

Judge Brewster was enjoying the situation hugely. He had quite made up his mind what to do, but he liked to quiz this bold young woman who had not been afraid to show him where his duty lay. Striving to keep a serious face, he said:

"Oh, yes, you did, and I want you to understand I'm not afraid of any man. As to allowing my personal interests to interfere with my duty——"

Annie took alarm. She was really afraid she had offended him.

"Oh, I didn't say that, did I?" she exclaimed timidly.

Judge Brewster forced his face into a frown.

"You said I knew on which side my bread was buttered!"

"Did I?" she exclaimed in consternation.

"You say a great many things, Mrs. Jeffries," said the lawyer solemnly. "Of course, I realize how deeply you feel, and I make excuses for you. But I'm not afraid. Please understand that——"

He rapped the table with his eyeglasses as if he were very much offended indeed.

"Of course not," she said apologetically. "If you were you wouldn't even see me—let alone talk to me—and—and——" Pointing to the piece of paper he held in his hand, she added: "And——"

"And what?" demanded the judge, amused.

Half hysterical, now laughing, now crying, she went on:

"And—and take the names and addresses of witnesses for the defense—and—think out how you're going to defend Howard—and—and all that——"

The lawyer looked at her and laughed.

"So you think I'm going to help Howard?" he said. "You take too much for granted."

"You're not afraid to help him," she said. "I know that—you just said so."

Judge Brewster raised his fist and brought it down on the desk with a bang which raised in a cloud the accumulated dust of weeks. His face set and determined, he said:

"You're quite right! I'm going to take your case!"

Annie felt herself giving way. It was more than she could stand. For victory to be hers when only a moment before defeat seemed certain was too much for her nerves. All she could gasp was:

"Oh, judge!"

The lawyer adjusted his eyeglasses, blew his nose with suspicious energy, and took up a pen.

"Now don't pretend to be surprised—you knew I would. And please don't thank me. I hate to be thanked for doing what I want to do. If I didn't want to do it, I wouldn't——"

Through her tears she murmured:

"I'd like to say 'thank you'."

"Well, please don't," he snapped.

But she persisted. Tenderly, she said:

"May I say you're the dearest, kindest——"

Judge Brewster shook his head.

"No—no—nothing of the kind."

"Most gracious—noble-hearted—courageous," she went on.

The judge struck the table another formidable blow.

"Mrs. Jeffries!" he exclaimed.

She turned away her head to hide her feelings.

"Oh, how I'd like to have a good cry," she murmured. "If Howard only knew!"

Judge Brewster touched an electric button, and his head clerk entered.

"Mr. Jones," said the lawyer quickly, "get a stenographic report of the case of the People against Howard Jeffries, Junior; get the coroner's inquest, the grand jury indictment, and get a copy of the Jeffries confession—get everything—right away!"

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