BOOK THE SECOND (Continued)

IN WHICH THE SECRET OF THE INHERITANCE TRANSMITTED TO GABRIEL CAREW IS REVEALED IN A SERIES OF LETTERS FROM ABRAHAM SANDIVAL, ESQ., ENGLAND, TO HIS FRIEND, MAXIMILIAN GALLENGA, ESQ., CONTRA COSTA CO., CALIFORNIA.

VOL. III.

VII

The investigations in the course of which Emilius related his version of what had passed between him and his ill-fated brother-I use the phrase to give expression to my meaning, but indeed it is hard to say to which of the brothers, the living or the dead, it can be applied with the greater force-took place in private, only the accused and the magistrate, with a secretary to write down what was said, being present. The magistrate in his conversations with Doctor Louis and Gabriel Carew, did not hesitate to declare his belief in the prisoner's guilt. He declined altogether to entertain the sentimental views which Doctor Louis advanced in Emilius's favour-such as the love which it was well known had existed between the brothers since their birth, the character for gentleness which Emilius had earned, the numberless acts of kindness which could be set to his credit, and the general esteem which was accorded to him by those among whom he had chiefly lived.

"My experience is," he said, "that all pervious records of a man's life and character are not only valueless but misleading when the passions of love and jealousy enter his soul. They dominate him utterly; they are sufficiently baleful to transform him from an angel to a demon. He sees things through false light, and justifies himself for the commission of any monstrous act. Reason becomes warped, the judgment is distorted, the sense of right-doing vanishes; he is the victim of delusions."

Doctor Louis caught at the word. "The victim!"

"Will that excuse crime?" asked the magistrate severely.

Doctor Louis did not reply.

"No," said the magistrate, "it aggravates it. Admit such a defence, and let it serve as a palliation of guilt, and the whole moral fabric is destroyed. What weighs heavily against the prisoner is his evident disinclination to reveal all he knows in connection with the hours he passed in the forest on the night of his brother's death. He is concealing something, and he seeks refuge in equivocation. When I accused him of this his confusion increased. I asked him whether his meeting with his brother was accidental or premeditated, and he was unable or unwilling to give me a satisfactory reply. He made a remark to which he evidently wished me to attach importance. 'There are matters between me and my brother,' he said, 'which it would be difficult, perhaps impossible, for an unsympathetic person to understand.' 'I am such a person,' I said. 'Undoubtedly,' was his reply; 'you are seeking to convict me out of my own mouth of a crime I did not commit.' 'I am seeking to elicit the truth,' I said. 'Have these mysterious matters between you and your brother of which you speak any bearing upon his death?' Observe, that out of regard for the prisoner's feelings I used the word death instead of murder; but he corrected me. 'They have,' he said, 'a distinct bearing upon his murder.' 'And you cannot explain them to me?' I asked. 'I cannot,' he replied. 'You expect me, however, to place credence in what you say?' I asked. 'I do not,' he said; 'it is so strange even to me that, if you were in possession of the particulars, I should scarcely be justified in expecting you to believe me.' After that there was, of course, but little more to be said on the point. If a criminal chooses to intrench himself behind that which he is pleased to call a mystery, but which is simply an absurd invention for the purpose of putting justice off the track, he must take the consequences. Before our interview was ended it occurred to me to ask him whether he intended to persist in a concealment of his so-called mystery. He considered a little, and said that he would speak of it to one person, and to one person only. Upon that I inquired the name of the person, saying that I would seek him and send him to the prisoner. Emilius refused to mention the name of the person. Another mystery. As you may imagine, this did not dispose me more favourably towards him, and I left him to his meditations."

"Having," said Doctor Louis, "a thorough belief in his guilt."

"There is not a shadow of doubt in my mind," said the magistrate.

"You once entertained an esteem for him."

"True; but it only serves to prove how little we really know of each other. This mask that we wear, and which even in private we seldom remove, hides so much!"

"So much that is evil?"

"That is my meaning."

"You are growing pessimistic," said Doctor Louis sadly.

"Late events and a larger experience are driving me in that direction," replied the magistrate.

"Have you any objection to granting me a private interview with Emilius?"

"None whatever. You have but to name your own time."

"May Mr. Carew see him also?"

"If he wishes."

In this conversation Gabriel Carew had borne no share. This was due to an absolute fairness on Carew's part. Prejudiced as he was against Emilius, he was aware that he could say nothing in favour of the accused, and he did not wish to pain Doctor Louis by expressing what he felt. When the magistrate left them, Doctor Louis said, "The one person to whom Emilius is willing to confide is either you or myself."

To this view Gabriel Carew did not subscribe. In his remarks to Doctor Louis he touched lightly but firmly upon the instinctive aversion which, from the first, he and the brothers had felt towards each other, and said that this aversion, on the part of Emilius, must have been strengthened rather than modified by the opinions he had felt it his duty to express with respect to Emilius's dealings with Patricia.

"But he behaved honourably to her," contended Doctor Louis, and endeavoured to win Carew to a more favourable judgment of the unhappy man. He was not successful.

"There are sentiments," said Carew, "which it would be folly to struggle against. Emilius was always my enemy, and is still more so now. If he wishes to see me I will go to him. Not otherwise."

Shortly afterwards Doctor Louis had an interview with Emilius.

"I thought you might come to me," said the prisoner, but he refused the hand which Doctor Louis held out to him. "Not till I am free," he said, "and pronounced innocent of this horrible charge."

"You will be-soon," said Doctor Louis with inward sinking, the evidence was so black against Emilius.

"I scarcely dare to hope it," said Emilius gloomily. "A fatality dogs our family. It destroyed my father and his brother; it has destroyed Eric; it will destroy me."

"Under any circumstances," said Doctor Louis, not pursuing the theme, "I should have endeavoured to see you, but there is a special reason for my present visit. The magistrate by whom you have been examined informed me that there is a certain matter in connection with this deplorable event which you will disclose to one person only. Am I he-and should you make the disclosure, is it likely to serve you?"

"I was not quite exact," said Emilius, "when I made that statement to the magistrate, in answer to a question he put to me. There were, indeed, two persons in my mind-but you are the first, by right."

"And the other-is it Gabriel Carew?"

"Yes, it is he-though I doubt whether he would come of his own free will. He bears me no friendship."

"He is an honourable, upright man," said Doctor Louis. "Though you have not been drawn to each other, as I hoped would be the case, I am sure he would be willing to serve you if it were in his power."

"Does he believe me to be innocent?" Doctor Louis was silent. "Then why should he be willing to serve me? You are mistaken. But it is not of this I wish to speak. What I have to disclose will be received with sympathy by you, who knew and loved my poor father, and who are acquainted with all the particulars of his strange story. Related to any other than yourself it would be regarded as the ravings of a maniac, or as a wild and impotent invention to help me to freedom. For this reason I held my tongue in the presence of the magistrate."

"Before hearing it," said Doctor Louis, "I ought to say that, though I am groping in the dark, I can understand dimly why you would not confide in an officer of the law. But I cannot understand why you should be willing to confide in Gabriel Carew. I speak in the light of your belief that Carew bears you no friendship."

"I cannot explain myself to you," said Emilius, "and should most likely fail in the attempt with Mr. Carew. But there are promptings which a man sometimes feels it a duty to obey, and this is one of them. I perceive that you do not receive these apparent inconsistencies with favour. It is natural. But reflect. Had you not, through your close intimacy and almost brotherly friendship with my father, been made familiar with his story-had it been related to you as a stranger, would you not have received it with incredulity, would you not have refused to believe it?" Doctor Louis nodded. "A wild effort of imagination could alone have invented it-had it not happened. But it was true, in the teeth of improbabilities and inconsistencies. For his sake you will bear with me, for his sake you will be indulgent and merciful to his unhappy son."

Doctor Louis was inexpressibly moved. He again offered Emilius his hand, who again refused it.

"Circumstantial evidence," he said, "is so strong against me that I fear I have played out my part in the active world. Should my fears be confirmed, I shall ask you to render me an inestimable service. Meanwhile, there is that which should not be concealed from you, my father's dearest friend, and mine. It relates chiefly to the murder of my brother. That part of my story which affects my wife, Patricia, may be briefly passed over. I have known her for nearly five years, and grew insensibly to love her. It is only lately that my poor Eric made her acquaintanceship, and surrendered his heart to her. I should have been frank with him; I should have spoken of my love for Patricia instead of concealing it. It may be that it would not have averted his doom and mine, for when men are pursued by an inexorable fate, there are a thousand roads open for its execution. Why did I not go frankly to Patricia's father, and ask him for his daughter's hand? It is a question that may well be asked, but there is some difficulty in answering it. Chiefly, I think, it was Patricia who guided me here, and who desired to keep our love locked in our breasts. She feared her father; he is a man of stern and fixed ideas, and, once resolved, is difficult to move. His daughter, he declared, should marry in her own station in life; never would he consent to her marrying a gentleman. Patricia chose to consider me one, and had a genuine and honest dread that her father would tear her from me if he discovered our love. I did not argue with her; I simply agreed to all she said. We were married in secret, at her wish; and when concealment was no longer possible, we fled. This flight was not undertaken in haste; it was discussed and deliberately planned. We hoped for her father's pardon when he discovered that his intervention would be useless. I was for an earlier revealment to Martin Hartog of his daughter's union with me, but I yielded to Patricia's pleadings. She had a deep, unconquerable fear of her father's curse. 'It would kill me,' she said; and I believed it would.

"This is the end to which love has led us. I will speak now of my brother Eric."