ornia ial y Ac 140 * In the Depths of the First Degree By James Doran Author of ' Zanthon," " Our Brother," etc., etc. The Peter Paul Book Company Buffalo, New York MDCCCXCVIII CONTENTS. HAPTER. PAGE. I. AN ENEMY TO RECTITUDE, . i II. FOUR CARDINAL POINTS, ... 12 III. IN THE TOILS OF LOVE, . . . .30 IV. THE UTILITY OF PREVARICATION, . . 42 V. A PREDICTION VERIFIED, . . . .61 VI. WHERE Two CURRENTS MEET, ... 72 VII. AN UNGODLY HEIRLOOM, . . . .84 VIII. VIEWING THE GATHERING CLOUDS, . . 97 IX. THE RECORD BROKEN, . . . . in X. WHAT HISTORY MUST RECORB, . . 123 XI. AN IMPRESSIVE TRANSFORMATION, . . .136 XII. WHAT CAME FROM THE DARKNESS, . . 151 XIII. AN OLD CRAFT SIGHTED, .... 165 XIV. "THE POOR MAN OF CHRISTENDOM," . . 178 XV. A TAKING DESIGN, . . . . .192 XVI. SOME SECRETS NEVER TOLD, . . . 205 XVII. THE CARRIER PIGEON FALLS. THE BATTLEFIELD, 220 XVIII. SAFE UNDER FIRE, .... 238 XIX. WOUNDED ON BOTH SIDES, .... 255 XX. THE IDEAL AND THE REAL, . . . 271 XXI. THE AFFINITY OF EVIL, .... 283 XXII. BEFORE THE COURT OF EXIGENCY, . . 295 XXIII. THE INNER LIFE OF A BAD MAN, . . . 308 XXIV. A PECULIAR NIGHT BIRD, . ... 321 XXV. A SPIRIT THAT RESPONDED, . . . 335 XXVI. SHOWING THE DARK HAND, . . . 348 XXVII. A STRANGE COMPROMISE, .... 361 XXVIII. SEEKING THE OLD LAIR, . . . 373 XXIX. THE RESULT OF FINAL REPARATION, . . 383 In the Depths of the First Degree CHAPTER I. AN ENEMY TO RECTITUDE. |N THE fourth year of the presidency of James Buchanan, while west winds were heard whispering strange love songs to autumn leaves and the glow of summer was giving place to tints of a darker hue in the heavens and on the earth, a man stood in the face of the morning on an upland north of Omaha, Nebraska, evidently intent on observing the changes in progress on the plain beneath. This man, although not distinguished by characteristics peculiar to eminent men nor endowed with the rectitude of an average citizen, was nevertheless no ordinary indi- vidual, although with proper precautions directed toward the adjustment of his dress, he could easily pass unnoticed in a crowd; but his conduct had been reprehensible and his line of life outside the pale of civilization for many years. In figure he was about the medium height, with shoul- ders a little contracted and sloping, showing physical signs of age. The round head bent slightly forward on a thick neck must have been erect at an earlier date. The hair worn short, and originally dark, was now mixed with gray, while the diminutive eyes, dark and cunning, indi- cated in the man treacherous propensities, as well as that 2 IN THE DEPTHS OF they possessed a wolfish cast capable of inspiring terror in a peacefully disposed person if suddenly encountered. Other parts in the facial expression were shaped in pro- portion to his thickset body: large pug nose, capacious mouth, and retreating chin. The pallor on his countenance was remarkable, and his ears were flattened out above, making it probable they had, while off his guard, been pressed with a smoothing iron in the hands of an enemy. In addition to these suggestive signs he wore a scowling aspect, as if menaced by some impending danger or difficulty. The lower jaw would fall heavily at times, showing his senses were shocked by some fearful vision. Sounds indicative of pain or distress broke through his lips like the whimpering of a lower animal or an insane person ; and he would walk at intervals on a line east and west, retracing his steps to the point from which he had started, in the manner of beasts in a menagerie. It was only during the present year he had come up regularly to this elevated place from the base of the slope about two hundred yards distant where his rude cottage was situated, the better to make observations in accordance with his thoughts ; but people imagined his object might be speculation in land or business of some sort. No such idea, however, influenced his movements or touched the darkness of his soul. However questionable it may appear, it was nevertheless true that he was in the presence of the beautiful in nature, yet knew it not. He did not note the sunshine of the morning nor the Missouri River winding southward like a serpentine thread of bullion flanked by patches of dark green wood or low brush. Neither did he observe the THE FIRST DEGREE. 3 great plains to the right, nor the hills and valleys of Iowa to the left, nor the flickering light among the taller trees that invaded the deep shade in fantastic dances. He did not perceive the birds of bright plumage which shot arrows of light through the air as they whirled before the sun, nor the rich haze that enveloped the distant landscape in a splendor such as ideal minds associate with fairy tales. His gaze was fixed on the transformations taking place in Omaha. He appeared to be terrorized at the approach of progress as witnessed in the fast growing city. This circumstantial evidence in his case will indicate to some extent the true character of the man, even before the statement of his earlier history is perused by the reader. He was a criminal who had compromised with the law for his freedom, and became a resident of this place in early days so as to avoid society. As a matter of course, he lived under an assumed name, but the record of his birth showed he had been called Hamilton Hitch. The Hitch family resided in one of the Eastern states in the suburbs of a large city, and were very respectable as well as wealthy people. Hamilton's aunts, three in num- ber, were sterling ladies, leading members of good society and highly esteemed for their intelligence and genial man- ners, while the individuals of his own family stood, in public estimation, above reproach. Up to the age of fourteen he attended school with fair educational results. At that time he was residing in the home of his uncle, having been encouraged to study for the ministry, the eminent profession of his friend and kinsman. Suddenly it became known that the young student was afflicted with kleptomania, an unconquerable desire to 4 IN THE DEPTHS OF steal. It may well be imagined what consternation this discovery created among his friends. It seemed inex- plicable. His wants and requirements had been supplied in every conceivable manner. Luxury surrounded him. Com- panionship, friendship, and love were his in abundance. Even fame was about to be thrust upon him gratuitously. All these acquisitions, acquired or in perspective, he rejected for the low-bred propensity of theft. As far as known, his operations were first confined to the valuables of his uncle and aunts, but when this field gave out he turned in on their acquaintances. When the case came up in the household of the Hitches for examination, and Hamilton was upbraided for his criminal propensities, he lied in answering the charges preferred against him, thus exhibiting another detestable habit. Of course, it was easy to find the truth and prove beyond a doubt that he was guilty, seeing the number of thefts he had committed as well as that much of the stolen goods was found in his bedroom or on his person. When every suspicion or hope of his innocence had given place to the certainty of crime perpetrated with deliberation and premeditation on his part, the grief of his relations knew no bounds. They expostulated, prayed, threatened; they reminded him of his duties in life as well as what he owed themselves. Then they promised him extraordinary gifts if he would only reform : all his former deeds would be forgiven and they would love him with a greater display of feeling than ever before. This was not all. He was kept on trial or probation for six months, his friends hoping for reformation. It did not come. Nothing appeared capable of moving him towards goodness. He THE FIRST DEGREE. 5 made no effort whatever to control his criminal disposition, but practiced it as heretofore. It appeared to be a fascina- tion from which he could not be separated a link in a chain binding him to a course of evil forever. The liability of his conduct to entail disgrace on inno- cent individuals of high social standing in his family became more menacing to them in its attitude than the appearance of a cyclone or a plague. With them there was grief on the one hand but prudence in the interests of honor on the other. After mature deliberation it was determined to protect themselves by heroic methods, regardless of personal feelings. Hamilton Hitch was invited one evening by a friend of the family to accompany him to Boston on the night train, and upon their arrival there was given in charge to the captain of a ship bound for a long voyage, with instructions to have the young man work before the mast until he became an able seaman. The boy understood the movement thoroughly and the causes leading to its enactment. He made no complaint of any kind. It was characteristic of him to be reticent, to continue in a mood called by some people "a dogged silence," so as to avoid giving a clue to his inner thoughts. This was the only wisdom he seemed to possess. So tenaciously did he adhere to it that his favorite school companions knew nothing of his evil inclination during the whole period of their association with him, and when told the rumors of his fate they would not give them credence, like generous little men. At home, all traces of the boy's existence were carefully removed, his books, clothing, and playthings burned, and his name forbidden to be mentioned among his friends. 6 IN THE DEPTHS OF Thus were created two items as sources of human sorrow the criminal abroad and the memory of him at home one bringing chastisement to the body, the other misery to the soul. Hamilton Hitch adapted himself to his new position as best he could, working in the rigging among ropes and clip hooks or aloft in the shrouds, sometimes in the slush of the sea on deck, filling his allotted time of two hours on and four off through all kinds of weather, day and night. There were no means of shirking his duty, or utility in opposing the will of the skipper, his commander. He soon learned to avoid the blow of chastisement from a rope's end or the butt of a belaying pin. What he suffered no one noticed, what he felt no one knew. Whether the recollection of his fond mother's solicitude for his welfare haunted his thoughts or that he yearned to be again in the fields and woods of his boyhood days, there appeared no evidence either in his words or deeds. It was only known that, when his ship returned, he left her and sought in the slums of great cities the indulgence of his ruling passion, theft. His identity became lost in the darkness of crime and the oblivion which encompasses degradation. He fled before civilization like the shadow of the earth before the sun, as something that would interrupt the course of his existence and destroy the fascination on which his mind eternally feasted. His tussle with the law which then confronted him be- came terrific. The struggle for supremacy or immunity from punishment while pursuing criminal practices was great and persistent. He fought like a desperate man imbued with the idea that the battle, being for his own THE FIRS T DEGREE. 7 interests, should be maintained to the end with all the power available. The instinct of evil in him, gifted with subtle energy and strategic devices, stood up before justice only to fall in ignominy at its feet. In his ignorance of truth, he felt like one stricken with lightning. The petty schemes concocted by his false reasoning vanished when he was most in need of help, like icicles in the rays of the sun. To the excitement of his habits there were added hard- ship and punishment as well as defeat. He became familiar with wretched clothing and scanty fare, the scowls of an unrelenting public, the stubborn watchfulness and opposition of the police, the vitiated atmosphere prevailing in places where criminals sought concealment, the loathsomeness of prison cells and the harsh, uncom- promising shock of hard labor. Shame, regret, honor, and decency deserted him. No peace, no moiety of happiness or contentment or sunshine of the heart ever was his. If he were not afflicted with the dread of being cap- tured, he felt the shackles on his arms, or the hustling of the officers running him to jail, or the stare of the people while he stood in the criminals' dock, or the dreadful society of the chain gang ! To him, the bright world, fashioned to be beautiful by the eternal powers and supported by an invisible counter- poise, was dark. His thoughts regarded humanity as an enemy to be attacked on sight and pilfered without re- morse. Notwithstanding successive periods of imprisonment, he still held on in his course, believing there was as much merit or glory in his profession as that of him who betrays his trust in society and escapes the consequences. Besides, 8 IN THE DEPTHS OF he desired to graduate through all the degrees of it from petty thief to highwayman where murder is associated with robbery. It may be said that he went through his curriculum as contemplated ; but, after a practice of twenty years as a professional thief, he found his health very much impaired and himself behind prison bars with the prospect of paying the penalty of his crimes on the gallows. In the last act, he had aimed too high. The glory he anticipated had come, but with it a certainty of untimely death. In company with a chosen band of robbers, he had attacked the traveling equipage of a rich merchant who was conveying his family to his country home. What fol- lowed was atrocious in the extreme. The good people were murdered, and the perpetrators of the crime, except- ing Hamilton Hitch, escaped. The case attracted widespread attention and commotion. Large rewards were offered for the apprehension of the other criminals. As there appeared some fear that they might escape, a detective suggested to the prisoner that he could save his neck by revealing the names of the members of the gang with whom he had been identified in this last murderous transaction. It was a tempting offer, and, when duly considered, Ham- ilton Hitch, yielding to the importunities of the prompter, gave such information as brought his associates to execu- tion, thus satisfying the law and the people. The com- promise, however, while granting him liberty, imposed cer- tain conditions which he must strictly observe. The place of his sojourn would be recorded and com- municated to the local police or other authorities in his vicinity so as to establish a kind of guarantee that he was living out of mischief. He must leave the state and on no THE FIRST DEGREE. 9 account commit crime in future, as he was merely a crimi- nal enjoying leave of absence on good behavior ; otherwise he would be prosecuted and his former career exposed so as to militate against his case and secure his condemnation. This important turning point in his life convinced him conclusively that his game against the law had been played with a losing hand ; but at the same time it did not induce him to espouse rectitude. Oh, no ! His own reflections on the subject decided that although beaten he was not conquered to such extent as to be forced to renounce his principles, whatever their character. If the muzzling process prevented him from biting, he might bark with impunity. Deprived of the rights and privileges of a robber, he could be a cynic. If he could no longer appropriate the coin of other people for his own use, it would be possible to reach out and assail character without interruption or fear of civil statute. Like Lucifer, he could design evil over and above the constituted powers. Hence when he crossed the Missouri to seek a hiding place among the paths of the beasts and the homes of the birds in the beautiful territory of Nebraska, his record was filed in the breast pocket of the sheriff and his heart charged with malice against the human race. It was thought he possessed some wealth ; and the sup- position seemed well founded, for he followed no regular trade or business, yet possessed ample means of support. As land was cheap in those days, he purchased five acres folfca trifling sum of money and erected on the margin of it a cabin for a home. It was not that he desired to be the owner of real estate even to the extent here named, but there was nothing less for sale in the^market at the time. Then he took a wife whose history need not be written on 10 IN THE DEPTHS OF these pages. She became the mother of one child, a boy whom she called Danderton, and tended to his wants until he was ten years of age, when she died. From this time forward, father and son lived with the inconveniences and rough habits of backwoodsmen. In view of their house there grew up a village with its main street of tunnel-like stores, its roadway disfigured by gulleys and ruts, its sidewalks dilapidated, and the signs above the doors capable of oscillating on rusty hinges in the wind. While this primitive evidence of man's ability for design remained a trading post, it was tolerable to Hamilton Hitch ; but when, in the course of time, it acquired new strength and began to assume metropolitan airs in pushing its limits far beyond the last outposts of his boundary fence, he became visibly distressed. Then labor and capital rolled in and set industry in motion. Every improvement troubled him. At the time of his introduction here, when his age must have been about fifty-eight or fifty-nine years, his dissatis- faction exceeded all bounds. Not only was the evidence of human progress displayed before him in the opening of new streets, the construction of large brick buildings, and the influx of strangers, but wild rumors were afloat that a transcontinental railroad would actually pass through the place and Omaha become a great city ! It was singular that what contributed unbounded pleas- ure to every other citizen in the community should inflict punishment on him. The invisible power struck him with a golden rod, causing as deep a wound as if it had been iron. Nor did it appear that the increase in the value of his own property served to mitigate his mental hardship. His vitiated imagination conjured up a strange supposition that THE FIRS T DE GREE. 1 1 the eternal powers connected with the affairs of mankind were operating against him purposely with the view of effecting his utter extirpation, and had stimulated the pres- ent work in Omaha in order to deprive him of his resting place. Habitual reference to such thoughts made him despond- ent even while the sunshine shed its glory on the spot where he stood, as if some fiend from the illimitable depths of darkness maliciously touched his spirit with concentrated fright. It was evident he was tortured by irrepressible an- guish such as admits of little or no relief. The savage retreat he had instituted for himself would soon be wholly obliterated and its obscurity illuminated by the light of progressive industry. This would necessitate a transfer of his record further west into mountain caves or the society of rocks, perhaps. If he were to remain in Omaha, many newcomers, ignor- ant of his true character, would invade his residence and intrude on his attention with their undesirable presence. He would hear again the platitude of the fool and the boasting of the vainglorious clown. He would be called pioneer, trapper, squire, or mossback, according to trie temper of the crowd. The daily routine of society would again surround him with its hypocritical show of virtue to cover the deformity of vice, its pretense of friendship exercised in behalf of self-interest, and its false love fleeing like a meteor that appears for an instant and is gone. Must he reverse the instincts which guided him hereto- fore to follow such examples of rectitude? Oh, no, no! not by the most minute sign imaginable ! He would show the true color of what was in him by adhering fast to 12 IN THE DEPTHS OF his preferences, and war mentally, at least against the industrial and moral efforts of the human race. In this attitude he was not alone. If his fate was to exist in the shadow of civilization, it must be admitted there was a large number of persons coming under the same category in civilized countries. They opposed law, and in their ignorance advocated measures which, if carried out, would overturn justice and all good principles as known to man. There was a sprinkling of them everywhere, from the halls of legislation to the inner circle of secret conclaves where the restoration of chaos was contemplated. If he relaxed any of his intentions, it must be in favor of his son's advancement, whose career would probably be directed into different ways from that of his own. Perhaps it might be possible to live within society and yet be the thing he always was ! Others did likewise ! The smile passing over his features at these thoughts seemed cast in a mold of the bottomless pit. He drew in the air through the side of his mouth with a whistling noise as he descended the upland to his home intent on a conference with his son on their future situation and prospects, a subject discussed on several previous occasions. CHAPTER II. FOUR CARDINAL POINTS. DANDERTON HITCH, the son of Hamilton, was bred with evil influences. As a boy, he sought to emulate his father in those characteristics which had made the latter notorious in the records of criminal pro- ceedings heretofore noticed, but was energetically and THE FIRST DEGREE. 13 persistently restrained from pursuing this course as if his moral training had been committed into the hands of the most exemplary character in the township. This action on the part of his parent proved the variety of motives that may be adduced in support of any particu- lar case as well as the resources of circumstances. It was not that Hamilton Hitch loved right and hated wrong like his own parents, but that he had resolved, if possible, his son Danderton should not suffer the severity of prison discipline which had given such a deep and lasting impres- sion to his own mind. Hence every aspiration of the father for his son, mental and physical, resolved itself into this single admonition, 'Keep him out of jail.' It is true some of Danderton's petty thefts from emi- grant trains were unknown to the authorities or his father; but whenever the boy was found disturbing the peace of the village or doing any mischief liable to bring him under the notice of the constable, the man invariably came for- ward and offered restitution or compensation for the injury, trespass, or offense complained of, so as to keep public opinion in a favorable mood towards his son. As the boy grew, the desire for criminal practice ceased to a minimum under the nature of his surroundings, show- ing he possessed no taint of kleptomania and that heredi- tary transmission did not hold good in his case. There- fore when he reached maturity he was not hopelessly and absolutely committed to the perpetration of wrong-doing. His struggle to imitate the conduct of other men as fac- tors of everyday life proved fairly successful, and many per- sons, newcomers, thought him a good fellow. Besides his efforts at appearances, there was an internal monitor urging him to adopt good principles on their own account ; and 14 IN THE DEPTHS OF there were moments when his young head and heart turned suddenly in that direction, as if he yearned to espouse them or were in search of other channels of self-gratification than the pursuit of perversity alone. On such occasions, gleams of delight that startled him into mute wonder flitted across his mind. These prompt- ings grew up side by side with his other propensities and strengthened with his years until he began to make sug- gestions that alarmed the father, relating to a position in good society. While his education had been neglected, the aptitude he displayed for the retention of knowledge impelled him to seek information of value from every per- son he met, and in this way increased considerably the amount collected at the day school in the village, which he had attended some time. His language, too, was carefully studied by imitation, so that, hearing him discourse on the questions of the day, one would imagine he was a professor of metaphysics endowed with the ability of deducing new facts from chaos that would revolutionize the world ! The power most wanting in him appeared to be an incapacity for discriminating between good and evil. He did not know, and it seemed he did not care to know, one from the other so long as he committed no overt act whose effect would place him in jeopardy with the law. During his schooldays, he was taught technicalities for the most part, to the exclusion of principles, and therefore was not, perhaps, solely responsible for the deficiencies referred to here. As the father entered the house on the memorable occa- sion mentioned at the close of the last chapter, Danderton's look of recognition was clear and intellectual, with a cer- tain amount of proud self-confidence in it that persons THE FIRST DEGREE. 15 usually exhibit when conscious of possessing individual power. He was now a man above the average in strength, with broad features and large limbs. His height reached six feet two, and the massiveness of his chest appeared con- spicuous. There were some minor deformities in his person : one of the shoulders seemed higher than its fellow ; while his eyes, when poising to observe an object, trembled in their sockets, on account of a permanent nervous disorder or defect connected with the orbital attachments. The countenance was not prepossessing, but the figure might be accounted straight. A dark color displayed itself on his appearance. The hair glossy black like an Indian's, the skin tawny, the eyes brown, and the eyebrows heavy and black. His dress was neat, and altogether Danderton Hitch looked like a young man of the times. The elder man's harsh, complaining voice was first heard, although at certain periods he insinuated a modulating roll into it that sounded strangely musical. He said : " Those Eastern people mean to settle down here, it seems to me." "What of it, old man?" returned Danderton, good- humoredly. " We'll be disturbed. I don't want so many fools near me, I can tell you. The idea that this western country will ever be filled or amount to shucks is all buncombe. There's nothing on the earth here or in it that I can see. If they hunt antelope, they will find it a poor paying job." " They ain't going to hunt antelope." " No. I suppose they'll pry open other people's busi- ness and nose around to find something wrong with old settlers." 16 IN THE DEPTHS OF "I think," replied Danderton seriously, "we have no reason to fear either disturbance or misfortune, no matter how many come into the place. I rather believe it will be better for us, as real estate is booming, and your property is sure to fetch you a tidy sum. ' ' "Aye, but the old record is there," said the man with bitterness. " Money is good enough in its way, but " He stopped suddenly, not knowing how to qualify his words or what he was about to say. After a little reflection he proceeded : "I never paid any attention to the prospect of gaining money here. I believed there was nothing in it. The amount secured formerly proved enough for our wants, with a trifle left to keep the wolf from the door. It would be strange if my investment in this piece of land should prove as successful as that of other men /, the hound that was hunted ! /, the black sheep that had no rest until chained in solitude, and then nothing better than reflection that pierced my heart like a lance ! I hated society in former times and I hate it yet for its meddlesome ways and foolish aspirations after superiority that cannot exist. We'll be run out of here to make room for low trash coming in to try their hands at progress. Such humbug 1 They cannot induce me to take that in if I know myself not much." " We shall stay right here all the same," remarked Dan- derton quietly. "I want no law, or church, or society, or neighbors around me," said the father in a voice filled with the bitter sarcasm of malignity and despair. " You are amusing this morning," returned Danderton with a smile, "but you may change the program when I explain the situation as I see it. If we put on appear- THE FIRST DEGREE. 17 ances like half the world, we can get along as right as a fiddle without the least notice. While you act inside the law, you may be as good as the next man. The people who have come to look for homes or employment will never hunt up your past history. That you may rely on." "Do you mean we ought to make a show of being reli- gious, charitable, and just, loving the law, and all that? " "No, not to the extent you mention. Let us be plain citizens, join the crowd in city affairs, and take our chances with them. There's policy in it, if nothing else." The scowl on the face of the father darkened, and his eyes emitted the fire of a villainous look as he answered the suggestions of his son. "I never will. I'll be the thing I am, straight. I have taken my choice of sides, boy, long ago. It is too late to turn back." Still unmoved by the acrimony of the man, Danderton pleaded for the predominance of his plans with the delib- eration of a skilled diplomatist. He resumed : "Something must be done to meet the changes in the times. We cannot remain stationary as heretofore. I must go into business, sure, or travel. No more delay is admis- sible in our case. I have been studying for quite a white on certain things which I shall reveal to you now, because the time for doing so has come." "What things?" " I may call them four cardinal points, as they relate to you and me individually and collectively, or are designed to meet our wants at present and in the future." "Ah! but the record is still there that nothing can erase," said Hamilton Hitch. 18 IN THE DEPTHS OF " Hang the record ! What's the matter with it, anyway ? Now hear me. "The first point is all under the head of appearances. We must build a house with modern improvements, furnish it according to the ideas held by people in good society, dress ourselves in broadcloth, pull on dandy boots and silk hats, and show ourselves on the streets either as business men or speculators anxious to advance the prosperity or well-being of the city. Your property is now as valuable as any here, and therefore we can command as much money as we may require by the sale of a small portion of it. Why, dad, some of us may be selected to run for the mayoralty ! " The semblance of a smile flitted across the father's face at the hopeful tenor of the young man's views. Danderton continued : "You need not be troubled much, because I shall do the working part. All in the world I want is the assistance of your approval, and I promise you will be satisfied." " I ain't in it, boy. Any acquaintance with the people must end in trouble. I'll keep out of danger as long as I can. If I saw a lady carrying her purse in her hand as a kind of show-card, I would be tempted to touch her forcibly on the elbow so as to make her hand powerless, when she would drop the valuable receptacle; and in the confusion I could, of course, make it mine. My plan is best: where there is trouble, steer clear of it." Danderton straightened himself for a new effort. The shadow of a malicious thought passed over his features. He looked at his father for an instant, calculating, no doubt, the effect of his words, as he said: " You hanker too much after the one thing. Why not THE FIRST DEGREE. 19 take something new for a change? For instance, you might operate against the people in other ways than robbery. If you hate 'em, I shall place you in a position where you may strike to your heart's content and yet be accounted guilt- less. It is possible to live on the borders of crime and get the support of a large part of public opinion. There are thousands at the game." The man started. He opened his mouth not to speak, but in wonder that such a condition mentioned by the son could possibly exist. The strange prospect smote the center of his intelligence with peculiar force, bringing out of it a gleam of his favorite ambition. Nothing would suit him better than a place where he could work injury to his fellow man with impunity. He glanced at his son as if inviting a continuation of the subject. Danderton con- tinued : "On the pretense of being right, advise the people to do wrong. There are many who do not know how to judge for themselves. Manufacture the worst lies imagin- able, but maintain they are your opinions, and claim the right to express them where you please. They cannot be worse than what other fools say, even on public questions. Be a little careful not to go too far on this line, unless you are attached to a party, when it will be understood that money or place is your real object and not a desire to reach the truth, and your associates will back you under the obligation of by-laws or political fellowship. Encour- age workingmen to acts of violence on the grounds that you are their friend and that they have been deprived of their rights, which they should recover in the way pre- scribed. The disturbance will cripple industry, and bring poverty to the doors of honest men. Suppress the truth 20 IN THE DEPTHS OF or misrepresent it; afterwards it can only be said you did the best you could under the circumstances. Distort the news until it becomes sensational ; in the meantime it may cause widespread failure or calamity. Defend criminals and defame virtue whenever possible without stirring up public censure. Advocate the impossible, so that men and women may pursue it and fail, catching in their struggles at the belief that there is no good at all in human life. Malign the character of men in public offices, by in- sinuation if not directly ; it will be supposed you are endeav- oring to purify the political atmosphere and restore good government. Do all this on the grounds of being a mag- nanimous person wholly interested in the elevation of the human race, and you will not only be admired, but have a large following whose members will swear you are a true representative of the people's rights ! " The eyes of the father kindled with enthusiasm. The harsh lines of obstinacy worn heretofore on his features became softer as he gazed in astonishment at his son, admiring evidently the indication presented in the fore- going speech of his talent for crime such as might make him in time the counterpart of himself. After further reflection he said : " Dander ton, that beats me. I reckoned an expert thief ahead of everybody; but I guess I'm away back." Seeing the success gained over his father's stubbornness, the young man resumed his discourse with the dictatorial voice of a master. "You stopped the law against yourself and thought it a great feat, but I can use worse implements than yours under cover of its wings and make it work with me. The trouble in your past life was this : you did not know enough to THE FIRST DEGREE. 21 be thoroughly bad. You were too honest mere green- horn. Hypocrisy should have been added to the desire for robbery and murder, and smooth-faced sycophancy that deludes the unsuspecting and smothers golden-haired judgment. You should have denounced goodness wherever it appeared, and vilified innocence until public opinion, so far as possible, reckoned it on a par with infamy. Why, dad, you were a noble fellow compared with men I have met who held society by the ears at their pleasure. Now, in order to comply with my program, we must join one of the parties contending for power in the United States. There is a demand for outspoken words, whether right or wrong, that should be turned to our advantage. We might talk back, for instance, to the men who want slavery abolished, and get pay as well as pro- tection for it. To do this and be on the safe side, there is but one way of working that I can see. It is the second undertaking I wish you to approve." " What is it, Danderton ? ' ' " Start a newspaper. There is money and money's worth in it, besides what I mentioned. The discontented classes will follow us to a man if we be sure and pander to their prejudices. Society is so much disturbed that is, all classes of people we may recommend the most extravagant schemes and get plenty of backing for them. I tell you, dad, our times are coming. Give growlers lots of rope. Instead of leading, we shall follow. Play with men's ideas until they imagine they are capable of overturning the world. They will believe everything you tell them while under the influence of flattery, and will spend the last dollar in their possession to help the business and never think we were to blame, whatever happens." 2-2 IN THE DEPTHS OF The smile on the father's face gradually disappeared, and the lower jaw fell with a snap, as if his feelings were engrossed by the marvelous in an unusual manner, like one looking into a pit where wild beasts were making prepara- tion to fight. He glanced furtively around, searching for something which his son understood to signify ability sufficient to maintain the journal contemplated. Danderton continued : "I'll manage things. If we need talent, there is lots of it coming in here that can be employed for trifling pay. The job office in connection with the paper will cover expenses and give the people an idea that we own a large and important establishment. As for ourselves individually, I shall write editorials, while you will be the literary editor, confining your duties principally to review notes on new books and rehashing other men's opinions on the subject." Hamilton Hitch made no reply to these extraordinary propositions of his son, but he laughed like one tickled by a combination of pain and pleasure, the echoes being so unnatural as to startle even Danderton by their peculiarity. " You will have to deal with a class of people that are easily duped," said the son. "As a rule, none of them will strike back if you say disparaging things of their works, and you will be sustained by the law guaranteeing the free- dom of the press. ' ' "Ah! that is substantial," said the father eagerly, and he continued : " We may squeeze the writers of books at our pleasure, damn their works in the eyes of the public, terrorize them into bribery, goad them to commit breaches of the peace or suicide, and yet be reckoned in line with one of the THE FIRST DEGREE. 23 great institutions of the country. For me, this is a glorious prospect." " It is a mere item in the case," remarked Danderton. " There is inequality in it," returned the father. " Noth- ing could suit me better than the control of power over persons who have not the means or the ways of retaliating except they brave the stern arm of the law, under which we shall be sheltered." "The privileges, moreover, will bring you many other benefits," resumed Danderton. "Good writers will make it a point, on this account, to praise you as one capable of leading in literature and of promulgating ideas tending to secure the prosperity of the state and nation. You shall have eulogies of your genius, real or imaginary, published in the state magazine, embellished with your portrait, side by side with the best people in the West." "Danderton! Danderton!" exclaimed the father, trembling with excitement, " don't go too far, boy ; remem- ber the record." "You make me tired," said the young man hastily. "Some people don't know what's good for them. Wait until I finish. We require neither a certificate of qualifica- tion nor permit, license, or any document guaranteeing honest services to the public on our part. Even recom- mendations from qualified persons will be out of place, because, in a country where it is held that all men are equal, our claim to equality cannot be questioned to any effect. Buy the outfit and cut away at everything in sight. Time will bring you fame. People shall talk of your cleverness as something above the average. Under the spell imposed by terror, you can creep along until even you yourself will come to believe that you know something. 04 IN THE DEPTHS OF Attend public meetings, walk across the platform like a person making the first movements of a dance, smile at the audience, keep your mouth shut so as to hide your defi- ciencies. It will then be believed for sure you are brilliant, and everything in politics will be opened to your advances. ' ' With this forecast of a great future, Hamilton Hitch was not yet satisfied. There appeared to be an unsurmountable obstacle lying directly in the way, which his mind's eye clearly discerned. Over his pale features a faint smile flitted, and his voice became melancholy in tone as he said : " You are a good boy, Danderton. The hopes you have inspired in me are great and good, considering my circum- stances, but there is one thing, my boy, you have forgot- ten. I cannot write. I could not compose or dictate a review to save my life." "Is that all? " queried the son, laughing loudly so as to emphasize his merriment. "Why, dad, you need not write or read anything. Get somebody else to do it for you until your hand is in. Give your own opinions; no matter how extravagant they be, they will pass. You can string a few sentences together so indefinite in meaning that the latter part may contradict the first, and still be accounted wise ! The notes will be anonymous. Become a compiler. Take up the history of men and rewrite them in your own way; it will make you imagine you are an author." Hamilton Hitch was silent. He sighed as he reflected on some incidents of his career which had been enacted under a false conception of the world and the methods employed in human life to delude the great, struggling, paying public. Then he asked : "Is that the way they manage, Danderton ? " THE FIRST DEGREE. 25 " Never you mind what other people do. It will be our way when we come to it," replied the son. The preliminary discourse on prospective journalism having terminated in a satisfactory manner to both men, Danderton introduced another cardinal subject, equally interesting, if not far more dangerous, than the one just quitted. In doing so, he lowered his voice and glanced around to see that no strangers were in sight. "Now, we must get heeled better than we have been heretofore." This referred to weapons of defense. " You must not suppose I'll scare up danger without preparing to meet it, for one never knows how the temper of these Western people may be turned against you, whether good or bad. That ain't like me, I can tell you. I have been feeling my way carefully in regard to our method of defense in case of attack, and there is this about it, revolvers ain't enough, nor shotguns." " Daggers? " suggested the father. " Pshaw !" responded Danderton, " these may be good enough on occasions when your enemy is near and off his guard, but what I have in view is far above any of the old methods or means of taking life, and the beauty of it is this, it's sure." At this juncture the father became eagerly attentive. He bent forward, assuming a listening attitude, lest a word even of the discourse should escape him. Danderton continued : "With a little more information, which I can easily obtain, we shall be in a position to meet all persons show- ing us a hostile front. Listen ! Take it into your head. We'll blow 'em up." " Blow 'em up, Danderton ! " 26 IN THE DEPTHS OF "Aye." " How, my good boy? " " Some new explosive recently discovered. It is said to be at least a hundred times more powerful than gunpowder. Of course, we could do great things with it ; we might terrorize a whole community." The father rubbed his hands with intense delight, while his laugh became sharp like the whine of an animal, so much did his personality submit to the anticipation of controlling a great power. Danderton resumed : " Speaking for myself, I know nothing outside of gun- powder, but there is a man living on the other side of the river who gets the credit of being able to post me. I'll try him, although not acquainted, but I'll pay for what I get if nothing else will do." " Be cautious, my son; remember we are not as free as others." " Now, pap," said Danderton, as, rising from his seat, he began pacing the floor of the apartment like one suffering from some intense feeling, "the last question to be dis- cussed is the greatest. I may fall in your estimation according to the way you reckon things when you hear the case, but don't be hard on me. I want to get married when our new house is completed." The elder man bent his gaze to the floor with the gravity peculiar to good men as he answered : " No objection, Danderton, but you need not be told twice it is hard to choose a wife. I'm prejudiced against women in general ; I own up to it like a little man. If you fall in with a handsome one, mind what I say, it will lay you out as flat as a flounder." THE FIRST DEGREE. 27 "Lay me out ! " "Yes. Bung you up. Scotch you. Drive your manly spirit out of your body and bring the balance to blue ruin." "Then I assure you, old man, there is a poor prospect in front of me." "You have located the game already! " returned the father, with a forced laugh. " I don't deny it, nor would you under similar circum- stances. The lady I dream of is without doubt the hand- somest woman in the territory." The father groaned, on hearing this declaration, like a person stricken by lightning. His pale face became white, and his hands trembled while clutching at his knees an effort made to relieve the nervous attack by which he was evidently afflicted. He said, with resignation in his words and deportment : "Goon." " She is there," continued Danderton, pointing with his finger towards a residence in the neighborhood of the cottage. " Here ! " said the father, raising his hand in the same direction. Danderton nodded, signifying his assent. " The daughter of our neighbor? " inquired the father. " Yes, dad, the same, and don't you forget it." " Have you been speaking to her? " " No. I went it blind so far." " Is it gone the length that you love the woman, Dan- derton? " " I plead guilty to the charge, pap." "Has she encouraged you? " " Not much ; not at all." 28 IN THE DEPTHS OF " You love her as if she lived in the clouds. Have not even heard her tongue or know whether it is mild or clattering." " That is about the lay of it." " My poor boy, you are lost ! " "Ah, shucks!" he exclaimed. "What has got into you ? Won't things be changed when they're changed ? " Without noticing the force or incongruity of this sentence, the father resumed : "She is reckoned the best lady in this section, while you are the worst scalawag. ' ' "I guess I knew it years ago." " She is handsome, but you are out of plumb." "The defects of my body will only add interest to my suit. Some people like the spice of ugliness mixed up with their ideas of beauty. Perhaps she may turn out to be one of that class. Men are not always rejected on account of ill looks." "Her daddy is rich, and you have nothing except you get it from me." "I can earn my own living, if I like; besides, if I get her, I'll come in for her money, anyway." " The people would cry out against the marriage." " By what right, sir?" " Meddlesomeness, perhaps. ' ' " They won't dare to, if they know what's good for them." " What makes you think she would have you ? Are you crazy?" "I'll take my chances, like anybody else. I'll tell you one thing if she consented to be my wife, I would become good. Mark that. I'll follow her to the ends of THE FIRST DEGREE. 29 the earth, no matter where located. If she desires it, I'll pray, throw money into the poor box, help to make col- lections for the minister, and believe every word he says whether true or false." "Ah ! " exclaimed Hamilton Hitch, with a long drawl, speaking to vacancy. " How well I knew of the curse that follows a nice face on a woman ! I could swear to it any time without help. This misfortune will discount all our projects, if there was a million of them." " My sakes ! " remarked Danderton, excitedly. "I see nothing in it to call for such opposition from you. I imagined it would not be wise to marry a character like myself." "Wouldn't it, though? What else is good for you? Like should have like. It don't need learning to know that much. I am as much in favor of your marrying as the newspaper business, but I swear I hate to see you go and make a fool of yourself on account of a handsome face. Don't you see you'll get fooled? " Danderton, whose pride was wounded by this language, went into a towering passion. He stormed through the apartment in a manner that precludes the possibility of recording his words in these pages, so terrible and obnox- ious were their significance. On the other hand, the father endeavored to temper his own fury by advice tend- ing to avert the threatened danger. Like an angry sea under the hurricane, his sarcastic bitterness of expression arose or fell according to the intensity of feeling em- bodied in his son's remarks. Indignant protestations of the son clashed with fiery repartee from the father. The air became charged with evil specters, emanating from the deathlike pallor of the men's faces, the fierce glances, 30 IN THE DEPTHS OF the distorted laugh, and the tempestuous repetition of blas- phemous words. The walls reverberated with the horror of infamous affirmation and negation. It was a struggle between two giant spirits whose souls had previously been saturated with iniquity, until they were qualified to be reckoned the followers of the Prince of Darkness. The contention ended in favor of Danderton, who pos- itively held the position that he was competent to judge for himself, and unless conceded this privilege would quit his home and the society of his father forever. CHAPTER III. IN THE TOILS OF LOVE. THE feelings held by Danderton Hitch for his neigh- bor's daughter, Grace Finnestare, resembled pla- tonic love in some features only. The intensity of admira- tion and fascination was there without the desire of self- sacrifice for the loved object peculiar to the condition when genuine. He loved her for himself, not for herself. This kind of affection becomes dangerous under disappoint- ment. Although living outside the society in which she moved, yet he believed it possible to win her, favored by circumstances, perhaps, and time, two items that so fre- quently and forcibly induce women to accept companion- ship otherwise distasteful to them. Besides these considerations, however, he nurtured her image in his mind until he began to be troubled with un- rest day and night. A mysterious power seemed to have entered his person, which controlled his heart, his will, and THE FIRST DEGREE. 31 intellect without opposition, as if his faculties had been suppressed or were incapable any longer of independent action. Still, during his reasoning moments, while cogi- tating on the question of his mental condition, he made no effort to institute a change favoring relief. This indicated he was spellbound. In the past he only caught a sight of her at long inter- vals, but now the routine of his life favored the sustenance of his daydream, for his father had conceded the utility of his propositions and granted him full power to launch into public business with all the appearances and auxiliary forces which he could possibly employ. While superintending the construction of their new residence, Finnestare's place was constantly in view. His glances at the external appear- ance of the domicile had a soothing effect on his troubled imagination and brought a kind of happy humor to the surface of his thoughts, like men who smile at their own faces in a mirror, believing them to be the most perfect on earth. Finnestare's residence was only a few hundred feet south of his own, on the opposite, or west, side of the street. It was a portly house, surrounded by rare shrubs and fruit trees where humming birds sometimes flitted in summer; and the verdure within the boundary picket fence, con- trasted with the ancient appearance of the dwelling, made the scene exceedingly attractive. The space occupied in the manner here mentioned was only a block, but to Dander- ton it appeared more valuable than the whole of Omaha. Here in this abode lived Grace Finnestare, whose beauty had inspired him, not alone with love; but ambition to be great, and for whose sake he had threatened to espouse righteousness in opposition to the will of his father. It 32 IN THE DEPTHS OF seemed odd that the old-fashioned roof and faded walls assisted to deepen his passion whenever he gazed lovingly at them, yet it was true. The smoke from the chimney stack, as it ascended skyward on calm evenings, or bent to the breeze, possessed peculiar charms for his heart that contributed to make up the sum of his affection or afflic- tion. If he could have seen the atmosphere even which encompassed the situation, he would have loved it. All the details respecting the construction of the Fin- nestare dwelling were familiar to his memory, as far as could be gleaned from early settlers how Finnestare offered no opposition to the builder respecting the quaint gables of his design or the plain windows and overlapping weatherboarding instead of rustic, so long as the walls would be well braced, the studding of unusual strength, and the spaces large so as to provide an ample amount of air for the occupants. Under the joint management of these two improvised architects the domicile grew to completion a two-story structure of twelve apartments, angular and barn-like ; and when the material of which it was composed had suffered deterioration through climatic exposure, it looked far older to the mind's eye and the physical eye than the actual years of its existence would determine. The fulness of Danderton's ecstasy, however, appeared when occasionally he beheld the object of his love at an upper window or among the flowers near the house in all the glory of youth and beauty. At the time to which reference is here made, Grace Finnestare was twenty. Sensible and sedate, her refine- ment sparkled with the vigor of a crystal fountain. The light-colored hair, done up in the fashion of the American THE FIRST DEGREE. 33 girl of the period, seemed to have been burnished by a sunbeam in Nature's own hands. The face was classically regular, of the old Grecian type of comeliness, with the cheeks tinted vermillion color and the brown eyes lumin- ous with luster. Her eyelashes were long and dark, while the coloring of the eyebrows harmonized with that of her silky tresses. In stature she was tall and graceful, the lines bounding the head, shoulders, and arms forming exquisite curves, which, taken in connection with the proportions observable in the entire figure, made them exponents of fascination far-reaching in their influence over susceptible hearts. The father, known to the community as Judge Finnestare, was one of the early settlers on the Nebraska side of the Missouri River, who became wealthy as a consequence of careful management and wise investments. He was of French extraction and related to Laramie, a trapper who at an early date penetrated to the foot of the Rocky Moun- tains and slew buffalo without assistance from his people or permit from the red man, but was himself slain by Arapahoe Indians on the head waters of the river bearing his name. Finnestare knew other celebrated men of the plains Sublette, Campbell, Bridger, Kiplin, and Sabille. Incidentally it may be mentioned that he was not an adept in law, nor did he hold any position during his life justifying a claim to the title of judge. In fact, this hon- orable appellation was given him gratuitously by the people to mark their appreciation of his wisdom and general con- duct as a good citizen. As seen now, at his introduction, he appeared to be at least seventy years of age. The white hair and beard carefully tended were impressively remark- 34 IN THE DEPTHS OF able above his blue clothes, which fitted his figure com- fortably and admirably. He was not a large man, but activity had made his body firm and healthy. The erect position assumed in former years had disappeared, and in its place there came the curved vertebral column, attenuated hands, and the lessen- ing of energy peculiar to old age. No one could turn away from him, however, without noticing the pleasing expression overspreading his countenance, or fail to recog- nize the bright gleam of penetrating intelligence in his eyes. There was hope for the world at large while this good man and his daughter lived in innocence, and industriously untainted by the example of their neighbors, and indeed, almost wholly ignorant of their character. Standing on this ground, the one family adjoining the other, like day and night or the calm appearance of a rock -bound coast before the angry waves, the universal law above and the common law on earth kept them separated and distinctive. Besides dealing in real estate, Judge Finnestare trans- acted a banking business. Originally a small concern in a downtown store, established as much for the accomoda- tion of his friends of the village as an institution from which large personal gains might be realized, it had recently become so important as a depository and exchange that the profits derived from it were considerable. Finnestare's wife had been dead many years, but father and daughter, clinging closely to the observances of sociability, good breeding, and respectable citizenship, entertained the best people in Omaha. Their set included a large number of pioneer families, with many of the newcomers, good, honest folk, having plenty of means, THE FIRST DEGREE. 35 fully alive to the necessities of the times and the obliga- tion of preserving straight, wholesome law among them. In times past, when Danderton Hitch sought low resorts for entertainment, society at the Finnestares' never troubled him ; but when wealth crowded in upon his life, bringing with it dreams of love, conquest, and future happiness, he turned his attention to the assemblies of this upper stratum of humanity with a longing desire to be in their midst. Then the keen pangs of disappointment smote him to the heart, and he felt how terrible it was to be ostracised by public opinion. He saw the visitors enter the Finnes- tare home, heard the laughter and the music surging through the windows day after day and night after night, while he prowled around the angles of the fence in the darkness, like a wolf disturbed by some voracious fancy. Still, his hopes grew with time and the new era, which had produced such abundant resources for him and his father. He became bold occasionally while viewing the scene where his love resided, and asserted within himself that, if necessary, he would shatter or destroy anything or everything that intervened between him and her. Yet he made no attempt to gain a formal introduction or procure access to the house on any pretense, calculating, no doubt, that the auspicious moment had not arrived. He saw the old-fashioned make-up of the Finnestare residence become like a dear friend in his thoughts, but he deferred approaching nearer to it than the fence, guided by some mysterious agent in league with the powers con- trolling the destinies of man. How absolute would be his satisfaction had he beheld the interior, with its cleanliness and decorative append- ages, the cosy corners and easy-chairs, the sweet-scented 36 IN THE DEPTHS OF bedrooms, the olive and buff-colored walls, the dining room with roses peeping in at the windows, the pictures of Western landscapes, and the large living room on the ground floor where society was entertained. Further, if he had seen Grace Finnestare at the piano, and heard her voice in the song, " Find me a heart that truly loves," he would have slept over it with such ecstacy as pervades the individuality of a lion when at rest among the fragrant shrubs of the deep wood. Besides the persons and items mentioned in connection with the history of the Finnestares, a few others came under the notice of Danderton, whose influence went to make up the sum of his distress. As Grace was an only child, her father, with paternal solicitude for her welfare, employed a lady capable of act- ing in the double capacity of cicerone and domestic, or housekeeper. This person proved to be very efficient, trustworthy, and honest in all her dealings. She was small in figure, with a pert-looking face, well shaped, neatly dressed in black, being a widow about forty years of age, and was known by the name of Madam Gloriana. She had lived with the Finnestares for years, and was content. Quick in her movements, gifted with rare dis- cernment, full of exquisite designs in the management of the household affairs, she exercised much influence over all persons of her acquaintance. In places where she ap- peared, consistent with her duties, order prevailed. The family breakfast table, with its white cloth and glisten- ing furniture, was delightful to behold. The perfume of flowers and fragrant leaves which pervaded the place around it made up a kind of relish that created a new zest for the morning meal. Her superintendence of the THE FIRST DEGREE. 37 culinary department gave complete satisfaction. Nothing escaped her critical eye. Every nook, corner, and apart- ment in the house also gave evidence of her care and watchfulness. The glass in the old windows resembled crystal, the carpets appeared new, and the woodwork sent forth a glow as if it had just come from the hands of the polisher. Madam Gloriana seemed to possess the power of ubiquity. Hearing her voice in the kitchen, you turned in the opposite direction, and, lo, she was in view. Enter the parlor, and the rustling of a skirt indicated she was near at hand. Raise a window on the outside and look into the interior of the house, her little lace cap and white apron blocked a part of the perspective. Try to gain access to the boudoir of Grace Finnestare, and her cicerone, with her bright smile and penetrating glance, was encountered face to face. Her voice, too, sharp but musical, was frequently heard directing the work of the colored woman, the servant, whose answers came in deep, guttural tones not unpleas- antly to the ear, bringing with them her version of the housekeeper's name, "Mis' Goleyann." Danderton soon recognized the importance of the posi- tion held by Madam Gloriana. She was mixed up in his thoughts to such extent that his glances at her, when they met in the street, or now while he was busy passing and repassing to his new house, indicated deep feeling, if not love. She imagined she read his heart aright through the cor- ner of her eye, and wondered how it was that her plain face and black dress could engage the attention of this young sport, whose instincts were supposed to be directed to louder colors. Madam Gloriana, with all her acuteness of 38 IN THE DEPTHS OF penetration, failed to solve the mystery. Danderton's love was merely reflected on her like the manner of its solicitude for the old fence around the residence of Grace Finnestare or the quaint chimney stack. There was an index of senti- ment and love visible in his countenance, surely, but they were of a secondary kind and did not contemplate fulfillment with her. In like manner he felt a growing interest in the move- ments of the colored woman above mentioned, whose name was Felice. Although opposed to the freedom of slaves, he did not regard this woman's liberty in an unfavorable light, nor her color even, which approached ebony, for the matter of that. This was one of the good things wrought by the charm under which he labored, besides magnifying the focus of his senses. What could be more surprising than that the faded handkerchief, worn as a turban around her head, and the straight skirt, colorless, without flounce or frill, should excite his admiration as much, perhaps, as if they were select paintings from the great masters? When Felice, who was over fifty years of age, and dumpy- shaped, toddled on the road to market, Danderton viewed the display of dust raised by such action with greater pleas- ure than if it contained gold; and when she disappeared within the house at her return, some valuable item of satis- faction seemed to have deserted him. He could not fathom the design of nature in this case. It appeared cruelly intent on foisting irrational or mean- ingless factors into the foreground of his imagination, where he had calculated on seeing only one loved object. Why could it not stop at that instead of contriving to collect a host of things, each of which endeavored to make common cause against his heart? It was evident the bur- THE FIRST DEGREE. 39 den of his cares grew heavy in proportion to the amount of thought bestowed upon it and must soon become insup- portable, unless made light by some subtle means of relief. On reflection, he determined to arrange for a consulta- tion with the man beyond the river, who had been already booked for an interview on explosives. This person, reputed to be an adept in the knowledge of fulminates, must know how to cure a shattered heart, or at least devise means of preserving it from total disintegration. In modern times it was not unreasonable to connect the uncertain issue of love in any particular case with powder, dormant or active. It would be useless, he imagined, to refer the matter to his father, whose sneering answers would do nothing but aggravate his sufferings. He knew young men sometimes sought information on love affairs, and in any case con- sultation had been the method by which he had obtained most of the knowledge in his possession. Hence he would lay his heart open to this man on the same terms as those contemplated for his other scheme. Grace Finnestare knew little or nothing of Danderton's pretenses or passion for her. She had seen him scruti- nizing the premises and the inmates of it, herself included, but, like the others, was unable to determine his real object. From all that could be gathered as evidence from physical signs, she imagined Madam Gloriana might be the person desired, and from the conversation that ensued one evening in front of the living room at Finnestare's, it would be fair to conclude that the little housekeeper believed this also, although not favoring it. It was the half hour before the arrival of visitors, when Felice, having completed the labor of dish-washing in the kitchen, came through the reception room to the front 40 IN THE DEPTHS OF door for the purpose of inhaling the evening air, always fragrant at that point, and, seeing Miss Grace and Madam Gloriana seated in a rustic chair in the vicinity, folded her arms crosswise on her breast and tilted her head a little to one side as preparatory measures to her taking part in the conversation conducted by the two ladies aforesaid a privilege accorded her on all such occasions. Madam Gloriana was saying : " Oh, Mees Grace, he looks at me so," referring to Dan- derton. "No doubt he admires your petite form and oval face," responded the lady. " Ah ! but why, Mees Grace, why should he? My good husband that is dead would never believe I marry again. Don't I show the sign? My dress is black, and I mind my own affair." "It is hard to understand men's likes and dislikes. It seems reasonably certain you are the object of his admira- tion. You might begin to wear second mourning as a reminder to him that you appreciate his taste," said Grace Finnestare, with a merry twinkle in her eye. " Never, Mees Grace, never." "He is building a fine home for somebody, and the prospect of wealth and distinction before him is favor- able." " Ah, ma dear child, you are too young yet to know men. Riches don't do all, nor fine houses. I fear him, Mees Grace, and I would not have you think of him either, on any account. I fear him. He has a wicked look in his eye, and his shoulder is too threatening." Whatever ideas Grace Finnestare entertained of the THE FIRST DEGREE. 41 variety of Danderton's fancies, she made no attempt to dis- close them at the present discussion. Madam Gloriana continued, turning to the Negro woman : "Does Meester Danderton Hitch, that's building the new house out there, ever look at you, Felice? " "I's, Mis' Goleyann ! dis nigger, dis ol' porpus?" "Yes, Felice." " Lor' bless yo' heart, no. Nebber seed me, nohow more nor a dead possum in de canebrake." " Who is he looking after, Felice, when he looks at the house?" "Golly! seed nobody with the house in front of him. But now dat I's tinkin', I notis' de odder day dat he tuk a mighty long look at dat big basket I was totin' along, but I jes' walked 'long an' 'peared like I nebber seed him, foh our folks don't notis no sich po' white trash." Madam Gloriana looked at Grace significantly, and said : " You see, ma dear, even Felice understands the kind of genteelman he is. I do not know the word you call it in English." " Intuitiveness, perhaps ? " "Ah, yes, ma dear, intuiteevness. She know it by her feelings. See, I will ask her. How do you know, Felice, he is not a ver' fine genteelman ? " " How dis ol' F'lice know dat, Mis Goleyann ? Fink I don' know quality when I sees 'em? Bin too long in Massa Finnestare's fam'ly not to see de dif 'rence 'tween quality and po' white trash. Don't like de way he blinks his eyes, nohow. Who you s'pose he's buildin' dat big house foh, Miss Grace?" 42 IN THE DEPTHS OF " Why, for himself and his father, I suppose, Felice, and perhaps he intends to get married." "Can't get no lady round dese parts. Nebber seed him keep comp'ny, nohow. Wha's dere manners an' bringin' up, when dey sta'es at pussons like dey nebber seed high-tone folks afore? Don' you tink dey shows what dey is, Mis' Goleyann ? " "Ah, yes, Felice, you have the right deescernmen'. I have remark before, ma dear Mees Grace, that they have not quite the proper way, though, of course, we may mak' a meestake about it, because they are not like our own many friend and acquaintance." At this time some visitors were seen approaching, and the conversation ceased. CHAPTER IV. THE UTILITY OF PREVARICATION. E man beyond the river, referred to by Dander ton JL Hitch as a person well qualified to render him assistance in overcoming his present difficulties, was named Crow Whifton, a dealer in trifles. His residence and place of business occupied an angle of two crossroads where Council Bluffs is now situated, about four miles north- east of Omaha. The roads in question came in directions from the southeast and northeast respectively, having sev- eral tributary highways joining them in their courses, and, after crossing at the point here indicated, stretched ob- liquely towards Nebraska, seeking the great westerly routes on that territory. THE FIRST DEGREE. 43 In selecting the situation Whifton entertained a keen perception of the profits to be derived from a traffic with the people engaged in moving to the West, usually dis- tracted from their habitual caution by the soothing influences of new scenes or effervescent enthusiasm. As a matter of course, he did not calculate on the realization of a fortune or even large profits ; but, apart from the amount that might be considered sufficient gain, he entertained an in- satiable desire for that kind of trade a peddling and swap- ping propensity which he could never overcome. With narrow views, his ambition had been proportionately stunted, nature, no doubt, having molded both attachments within a diminutive compass in order to bring them into conformity with his physical structure, which was decidedly dwarfish and effeminate. On this account, perhaps, he avoided the principal overland highway located further south, fearing his utter extirpation should he be found anywhere near its gigantic lines. Where twenty thousand people, including Russians, Mormons, Jews, and other foreign and native tribes of white men, as well as hostile Indians frequently in pursuit of them, and inferior animals to correspond, passed in one day, it was a wise policy to give such public road a wide berth. If the dust raised by AH Baba and his forty thieves, thought Whifton, appeared terrible when seen in the distance, what must be the mag- nitude of the earthy commotion kicked up by these motley crowds eager to breathe the invigorating breezes of the Pacific Ocean ? Hence, after a full investigation of the subject, he had determined when leaving his native state in New England to content himself with the prospect on an unpretentious tributary road, where thieves would find 44 IN THE DEPTHS OF little to sustain their occupation and party strife be the least possible feature of the situation. Nor did he neglect to secure other means of safety afforded by the laws of the state, after his arrival in Council Bluffs. He made the acquaintance of the sheriff of the county, the justice of the peace, the night watchman in Omaha, and the constable at that place, who carried nei- ther badge nor baton to distinguish him from an ordinary civilian. This was considerable backing for a frail, single man against the possibility of Indian raids or marauders of the white species ; and, being one of the class of odd char- acters who pass through great dangers unknowingly and are often found in places where brave men fear to tread, he seemed to think, in the present case, that this spot was as safe as the shadow of the police headquarters in his native town. As previously mentioned, Crow Whifton was a little man. Lean in body, pigeon-breasted, with dark hair and complexion, the conformation of the ridge-like pro- tuberance in front being also observable on the upper part of his mouth, where the two incisor teeth formed an angle having the apex outward, as if it had been intended by the powers concerned in his creation to run a small mountain range over the entire median line of the body. The fashion of the times gave tacit recognition to the cut of his coat, a black frock with long tails, pants and vest to match; but carelessness and frontier life left them sadly bespattered with grease spots and dust without dis- turbing the serenity of the wearer's mind. Above these disfigured habiliments he wore an uncommonly large hat, hard in the grain, round topped, and broad leaved, but fitting his head comfortably on account of extra material THE FIRS T DEGREE. 45 placed inside the lining band so as to narrow the aperture to the required size. His dainty feet were incased in boots with thin soles, the beveled edges resembling those on dancing shoes or turned pumps ; but in consequence of their legs being nearly as wide as the lower parts of his pantaloons, he was obliged to shake each of them in turn after rising from a seat, in order to force the latter garment into proper position. This he did generally with a good- humored smile on his features, which made people who saw him imagine he had suddenly heard the sounds of dis- tant music and was preparing to start off on a Highland fling. It was pleasant to meet him in conversation, on account of his agreeable manner and the quaint appearance of his long, earnest face, ready at all times to exhibit a humorous expression. Though appearing solemn ordinarily, his bursts of tittering laughter were quite frequent, showing the light nature of his thoughts and the aptitude in him for sudden transitions from the meditative to the mirthful mood. His manner was also distinguished by another peculiarity worthy of notice. If, from any want of power, his jovial nature failed to assert itself at the proper mo- ment, he manufactured for the occasion what people call a forced laugh, taking the usual risks as to whether his action proved satisfactory or otherwise. It is doubtful in which of the two characters he appeared more interesting the one while showing the gravity of a rook, or the other the gayety of a sparrow. His power of mimicry was uncommonly high, and only needed cultivation to make him a stage light in the absence of stars. The store in which the speculative ingenuity of this interesting specimen of humanity found vent was of primi- 46 IN THE DEPTHS OF tive design and construction, built of rough lumber, the dimensions being about twelve by fifteen feet with an apartment in the rear utilized as a dwelling place. This inner circle, or rectangular space, of domestic accommo- dation was no great model of exquisite taste in regard to furniture or art decorations, although something of the kind was attempted by the occupant with the articles in his possession. A rudely constructed bed stood in one corner, covered by a patchwork comforter, a rare design showing in detail the flags of all nations in their regular colors. A bolster, round and capacious, with ends protruding on each side, resembled the nosebag commonly used in feeding horses, as if the head accustomed to roll upon it during the slum- bers of the night was as large as that of the Cardiff giant instead of Whifton's little cranium. In the center of the room appeared a small table, two and a half by four feet, flanked by a couple of hard-bottomed chairs ; and near the head of it was a stove calculated to accommodate, in flush times, a frying pan and teakettle, as well as afford heat to the entire establishment during the cold season, while the door between the business and living apartments remained open. The walls were covered with clippings from news- papers, exhibiting descriptions of political discussions, scientific lectures, humorous anecdotes, accounts of execu- tions, and pictures of famous men or noted criminals ; but a miniature bust of Washington had been placed on a shelf in a conspicuous position so as to convince the inci- dental visitor, or, indeed, the world at large, of Whifton's patriotism and love for the truly great American household god whom it represented. Egress from the room was attainable either by a door THE FIRS7^ DEGREE. 47 leading into the store or by one on the west side, and light by means of a four-paned window opposite, which had coiled above it a blue blind with a yellow tassel. On an upper shelf near the ceiling there had been deposited a collection of miscellaneous articles for safe keeping, whose identity became known only when the owner took down each in turn to examine its character and take comfort from the memories thereby awakened. Like two other houses in the vicinity, the gable of the Whifton establishment could be readily seen from the public highway, with a sign bearing the legend "Hard- ware and Notions," a phrase difficult to interpret, es- pecially by the foreign immigrant, who had no notion whatever of its far-reaching significance. It must have appeared strange, also, why this man did not offer his wares for sale in Omaha, but they knew not of Whifton's intention of taking the trade before reaching competition at that point. Besides an assortment of minor articles of the character indicated by his signboard, he carried a stock of goods manufactured by the Indians, such as purses decorated with colored beads, slippers, workbaskets, pouches, and other trifles, which travelers readily purchased as souvenirs of their journey. He had also society badges, cards, dominoes, prayer books, watch charms, oraculums, and almanacs. Living here a few years content with his small profits, the current of his sober thoughts was suddenly changed on hearing in Omaha how it was contemplated sending a line of railroad across the continent through that village and that the great western highway would be discontinued for the more expeditious one trodden by the iron horse. Al- 48 IN THE DEPTHS OF though fearing notoriety and the inconveniences generally encountered in a crowd, he gradually became reconciled to the prospect of this inevitable change and resolved to await its coming with all the consequences following its advance. When the evidence of progress, or prosperity, began to appear on every side, and the influx of strangers made business lively, so that even the small coffers of the wayside store became periodically full of coin, his ideas underwent still further modifications, threatening to make him alto- gether a different man from the individual' known some years before as Whifton. From being purse-proud he began to entertain thoughts of future greatness. Ambition was developed in him simultaneously with avarice, which clutched at his soul. It was noticed at this time that he stood more erect than formerly, puffed out his breast in an elaborate curve that even surprised himself, and shook his boots with the pride of one destined to reach a great future. Down in the depths of his mind aspirations nourished by a vivid imag- ination took root and began to grow. He had never held a public office ; but now, in this new country, where the light of success had so signally brightened his way, he would move upward in the social scale of society and make position a stepping-stone to permanent preferment and perhaps to distinction. Gads ! how he laughed at the idea! In the first place, he would speculate on becoming a deputy sheriff, and, after acquiring fame in that capacity, go forward for county clerk or inspector of Indian reser- vations. He could inspect anything well enough, he thought. Reflections on these important phases of his future THE S'/A'ST DEGREE. 49 career, however, were insignificant compared to one standing nearer his heart. Whenever he thought of it, his eyes twinkled with peculiar luster, a tinge of bloom came into his cheeks, and he felt himself rise on the tops of his boots, as if nature through forcible circumstances was persuading him to assume a taller attitude. Oh ! how secretly did he revolve that golden hallucination in his mind during long, dreary hours alone, while the night came over the bluffs of Iowa and bent its ear to the western sea across the great plains of Nebraska ! He was not young, having passed the meridian of thirty-five; but many a man began the real enjoyment of life at a much later date, and the hope of his future acquisitions strengthened him in the belief of acquiring what he desired. No one would suspect him of folly or improvidence, but, above all, nobody imagined him in love, and yet this was his condition. He loved Judge Finnestare's daughter, of Omaha, on sight, without calculating the chances or the consequences ! This was his daydream. It was singular the possibility of a refusal never entered his mind; and, what was still more surprising, he formed no definite plan for the accomplishment or realization of his wishes in this respect. He was mentally active, but passive in action. Like Danderton, he loved the lady in secret, but postponed the time of declaring his passion, through cowardice or some unaccountable fascination pe- culiar to cases of this nature. In his loneliness he had been comforted by the bright vision the thoughts of her invoked, like a bankrupt merchant who hopes to rectify his financial embarrassment sometime, when his ship comes in, although having none at sea. The ideal proved so ex- quisitely endearing that it almost filled the whole measure 50 IN THE DEPTHS OF of his expectations. It is certain if the reality was pre- sented to him, if Grace Finnestare came to his door with a notification that the minister was awaiting their presence in church with the view of uniting them in the holy bonds of matrimony, he, Crow Whifton, would beat a precipi- tate retreat through the back door and abandon the country altogether, so strange are the vagaries of nature in her sweet moods on minds too weak to carry the burden of her favors. One night after closing the store, as Whifton sat in his antique apartment meditating on the several gradations of opulence through which he was destined to pass in the future, some person knocked on the side door for admis- sion. Believing it to be an acquaintance who frequently came to converse with him at that hour, he promptly in- vited the visitor to come in. Responding to this invitation, there stood in the doorway not the neighborly form of his friend, however, but the tall figure of a man whose face was concealed by the collar of his overcoat and the leaf of a slouched hat drawn closely over his brow, and who entered and seated himself without being asked, with as much deliberation as if the place were his own. In an instant Whifton concluded that the stranger's object, calling in such guise, was robbery, and began to sum up, with the rapidity peculiar to distresseJ minds in such cases, the several methods and means of deiensc* at his command. To begin with, his revolver was just then under the counter of the store and could not be reached without exciting suspicion of his intention ; the cane sword brought from the East lay snugly confined in the bottom of his trunk under the bed ; the butcher knife which served for all kinds of carving had been lent that THE FIRST DEGREE. 51 afternoon to a neighbor who needed the implement for the purpose of dressing a hog ; and his razor was en the high shelf and could not be made available without the aid of a stepladder. Hence, to all intents and purposes, he was at the mercy of this intruder, whose mien betokened un- common strength of will, and who doubtless carried con- cealed weapons for forcing obedience to his desires. The newcomer, observing the expression of fear on Whif- ton's face, hastened to explain the nature of his business. " I want a little information on a few subjects," he said. "People tell me you are as well posted in many ways as a scholar, and I thought I would drop in and hear what you could do for me." This fair speech almost disarmed Whifton of evil thoughts regarding the stranger. He felt fla-ttered on ac- count of the confidence reposed in him as a man of knowledge, which coincided exactly with his own estimate of himself, yet the man's muffled face and sinister aspect drove him back into the first position held respecting his character ; namely, that there was danger associated with his presence then and there. He answered : "It is nice of you to think so. I can assure you the people in the East felt that my coming in here was a dead loss to them. However, by the bye, I thought I saw you pass my place a few days ago ; so many are on the move now that we cannot place them." The stranger paid no attention to this hint to reveal himself. He merely resumed the delivery of what he in- tended saying in the first place. " I shall pay you for your advice as I would a doctor or a lawyer. Now, the first question is of a delicate nature. It is this : how can a man approach the lady he loves 52 IN THE DEPTHS OF so as to make her understand the feelings he entertains for her?" Whifton's heart began to palpitate violently on hearing this unexpected announcement, for it called up in his own mind exactly what he desired most to know. However, instead of making reply, he allowed the gravity of his countenance to assert itself thoroughly, and, assuming a listening attitude, waited the stranger's further interroga- tories. "Would it be wise to send her a deputy?" asked the stranger. "No, sir; that would give the matter away," said Whif- ton. "Besides, in ninety-nine cases out of a hundred the deputy would make love to her himself." " Do you recommend saluting her in public or winking an eye at her as she passes, so as to have her understand you were up to something? " " By no means; the boldness of such acting might give her the impression you were a mere bummer without means or character. " " How do you regard walking in front of her with a manly swagger? " " In a favorable light; although, if the swagger is very much put on, she might believe you were a fool. Now tell me," continued Whifton, "are you the man in love?" "Yes." " Does the lady of your affection reside anywhere in the neighborhood?" The stranger raised the forefinger of his left hand and pointed in the direction of Omaha. "Ah! I understand," said Whifton, while an unusual pallor overspread his countenance as if he had been seized THE FIRST DEGREE. 53 by a death sickness. "It is the banker's daughter, no doubt?" "You are correct," replied the stranger promptly, al- though no name had been mentioned. Whifton resumed in a weak voice : " The Judge? " to which the other replied : "The same." " Do you meet her in society? " "No." " You are not even acquaintances ? " "No." " You love her in secret, but hope to get her somehow? " "That is it." Whifton said something to himself in an undertone, but presently straightened up in a cheerful manner before asking the next question. Then, as he spoke, he bent forward towards his companion. " Have you a rival? " he inquired. " I guess not," answered the man gruffly, and he added : "I would not tolerate one." "You'd make it hot for him?" "You bet." After some reflection Whifton said : " If I were you, I would not be afraid of the rival, but of a third man." " There ain't no rival or third man, I tell you," answered the stranger in an angry voice. Whifton raised his hand impressively as if counseling peace, while he resumed : "Don't be deceived; there is always a third man in such cases, a kind of dark horse that gets in between the other two. It is really so." 54 IN THE DEPTHS OF " But where is the second man?" inquired the stranger boldly. " Ah ! I suppose I believe I think you are right where is he? " stammered Whifton, unable to make out a clear sentence with his mind engaged in connecting his own personality with the second man. " Hearing the case as I have stated it," said the stranger, " what would you advise? " Whifton, assuming an air of importance, as if already on the bench, answered : "Wait, be patient, do nothing to disturb the object of your love, and keep a sharp lookout for the coming of the third man. Mark my words, it never fails." The stranger seemed inclined to regard this decision as a joke, for he laughed incredulously, like one making a virtue of necessity, and then began the introduction of his second subject. "You understand how to mix substances in order to produce a combination that will explode? " "I did know something of the kind/' said Whifton evasively, "but I don't think I do now." On hearing this, the mirth of the strange guest acquired a mocking tone such as smote his companion's heart with dread ; and Whifton, following, executed some sounds of forced merriment that were palpably at variance with the genuine article. "I have heard of your pleasant manner, too," con- tinued the man. "It is handy, somehow, when a fellow ain't in a hurry ; but take a friend's advice don't trifle with me. When I want a thing, I want it sure." This language changed the aspect of the subject under discussion at once. Whifton saw he must give the infor- THE FIRST DEGREE. 55 mation desired or suffer the consequences of refusal, and he thought an instant on all that such knowledge involved. His reflections astounded him ; for if Grace Finnestare refused the man, as, of course, she would, he might be driven to commit some fearful act of violence. In the dilemma here presented, Whifton called to mind an advice given by his grandfather in early life which was worthy of trial. "My boy," said he, "whenever you find yourself in a tight place, prevaricate, and never mind what people say to the contrary." With this purpose in view the little storekeeper answered, assuming a serious countenance : "Oh! of course, we'll talk it over among ourselves. Isn't gunpowder lively enough for you?" The last sentence finished with a laugh, but the stranger did not seem to have been moved in a similar manner ; he replied : "It ain't strong enough. People know it on sight. It's hard to carry around, and to blow it off requires a lighted fuse, or, if in a weapon, a percussion cap. I'm in search of something a small quantity of which would rip a brick or stone building from garret to cellar in an in- stant. ' ' As if this had been the most pleasing announcement imaginable, Whifton tittered in his usual style ; then sud- denly turning grave, answered : " You're in the business? " "If I am, it's no business of yours." "Quite right. It is really so; but such an article as you describe is not on the market." " Is not the method of making it, known ? " "Yes no," replied Whifton hesitatingly. "I don't understand what you want or have reference to." 56 IN THE DEPTHS OF "Look here," said the stranger, "I'll give fifty dollars for the way to manage the best kind of stuff there is. Now be quick." "It is the easiest thing in the world to tell you how to prepare gun cotton," answered the other, " but you would find it unsatisfactory. The same ingredients, two acids mixed, with glycerin added, give us a powerful agent such as you need, named nitroglycerin. Mind you, this fact is known only to a few persons outside the discoverer, an Italian of Turin. It would not be safe for you to attempt making it, even if you knew how ; you would be blown sky-high in no time, because the least irregularity would cause the explosion to take place. There is another preparation made from the one just mentioned, the great- est of all, called dynamite. That's the daisy ! The only chance of getting it would be this : I might send to the discoverer for a small quantity and offer him large pay with the prospect of being refused or, by the bye, how would a mixture of a bursting character prepared from druggists' chemicals suit you ? ' ' "I'm in for it," answered the stranger with alacrity. "It is innocent-looking, a white powder no one would suspect dangerous." The unwelcome visitor drew a notebook from his coat pocket and made preparation to write down the items of the important mixture. " I shall take that one," he said hurriedly and decisively. Whifton now felt he had gone a little too far in permit- ting the stranger to determine on selecting a definite article or compound. He parried the thrust with as much adroitness as possible by saying : THE FIRST DEGREE. 57 " I did not intend mentioning I knew the parts of it; and the truth is, I forget all about them." The stranger moved uneasily in his seat like one whose mind is suddenly disturbed. Opening the notebook and touching a page with the pencil, he continued : "Go on, my little man. Let me not try to assist your memory by force, for if I do you will think there are sparks of fire flying around the room in short order. No more fooling." "What I said is the best that can be done at present," returned Whifton. Then the stranger grew wrathful. Striking the table with his closed hand, he shouted rather than said : "Go on, I say." Whifton turned pale. He began trembling^ and for an instant directed his thoughts to his weapons of defense; but was obliged to conclude that, even if they were avail- able, it would be useless to contend against so powerful an antagonist as this mysterious man. Hence, although determined to resist the disclosure to the last and doubtful how he could evade it, he began the enumeration of the items of the secret mixture. " Take yellow prussiate of potash, dried in iron ladle and powdered carefully in a mortar, thirty-seven parts ; chlorate of potash, finely pulverized, forty-one parts. Now," he continued, placing the forefinger of his right hand against the side of his head as if desirous of conjuring up lucidity of mind in the case before him, " let me see, what is the third chemical? Aye, there's the stickler. Who would think I could forget so soon ? It is really so ; I have forgotten it." The stranger, who had written in his notebook the 58 IN THE DEPTHS OF ingredients mentioned by Whifton, arose to his feet, and, seizing his companion by the shoulder, shook him until his little head oscillated like the pendulum of a clock. After being released from the iron grasp of the stranger, Whifton managed to say : " You will pay dearly for this outrage; see if you don't." " Make no threats to me, my little man ; the business must be completed now, or I ain't nobody." "I am not a professor," resumed Whifton in despera- tion. "The people who make out that I know all about explosives have no grounds for their belief. It is mere hearsay. I may tellyou in confidence that I got the whole thing, such as it is, from a crank, one of those so-called revolutionary spirits who calculate on reducing the world to ashes just for fun. Accidentally some of his notes fell into my hands. While he was in prison, his trunk was held by my folks in part payment for his board bill. On open- ing it, ma found a few old clothes, a number of newspapers, and a manuscript. Disappointed in her expectations, she dumped the whole collection into the ash barrel, from which I extracted the last-named article, being curious to understand what such a man had collected or written." "Have you that document now? " inquired the stran- ger, eagerly. " Well," answered Whifton, "I had it then." "Ah! my little trickster?" returned the unknown, " you're very smart, ain't you? I'll bet a nickel I could find it if I tried hard enough. Now, get that document for me, and we'll call it square. I'll pay for it. More- over, I may say the crank, as you call him, is the kind of man I wish to follow. I'll take up his work and push it through for all it's worth; so be lively." THE FIRST DEGREE. 59 " I cannot say actually that I have it," said Whifton, "but I'll tell you what can be done : wait until tomorrow, and in the meantime I'll try and find it among my papers. ' ' The man laughed in derision at this proposition. The acknowledgment made in his presence that there was secret information of great value in the house, of the kind for which his soul had yearned for years, roused up the latent ferocity of his nature and urged him to the commission of a desperate deed. With his left hand he caught Whifton by the throat, and, drawing a keen-pointed dagger from his waist belt, held it high above him, saying as he did so: " Now or never. I cannot trust you. Give up the papers or your life ! ' ' Then the little man felt that the end was near. He breathed hard, rolled his eyes upward and muttered some- thing that might be mistaken for a prayer, if it had not been for the word prevaricate, which was quite audible and of doubtful orthodoxy. Before the dagger descended, the arm of the man who held it was clutched by a strange hand, and pushed violently backward. Then a dark figure insinuated itself between the assailant and assailed, while a low, guttural voice exclaimed : "Ah! what foolhardy trick is this? Didn't I tell you never attempt injury to the helpless? There ain't no good in my rules, anyhow. Now, don't tempt me too far. Get out of here." As Whifton's disagreeable customer stepped through the door, his companion, the new arrival, who was also dis- guised, turning to the storekeeper, said : "Don't take any notice of him; he has a shingle off. 60 IN THE DEPTHS OF We have to keep him out of mischief, but he would not harm anybody." Whifton raised a finger and shook it in a threatening manner, which was understood to mean that he would pros- ecute the offender to the full extent of the law. " We can compromise here, now," returned the man, at the same time throwing off his disguise and revealing the pale face of Hamilton Hitch to Whifton. "As there has been no injury done to you or your prop- erty, the affair may be kept secret. He is my son. Now, here is twenty dollars as compensation for intruding on your premises, with the understanding that the case is settled. Do you consent ?" Whifton, who was gifted with good business talent, readily caught the gist of the proposition made by the father, that the attempted outrage by the son should be kept secret for the consideration of twenty dollars. Hence his answer was promptly given : " Never you mind. There will be nothing said of the encounter. You're a gentleman, and a bargain is a bar- gain," said he. Then Hamilton Hitch turned and fled into the night. When the noise of the retreating footsteps ceased, Whif- ton arose, and, carefully bolting all the doors and windows, drew his couch out some distance from the wall, lest any sharp instrument should be designedly pushed through it with an evil intention ; and prepared to rest under the clothing, and, if possible, under the circumstances. For hours he slept not. The peculiar expression on the feat- ures he had last seen haunted his mental vision Distressed resignation, mingled with ferocity and far-reaching knowl- edge of unlawful designs, were there, besides the traces of THE FIRST DEGREE. 61 time's unrelenting decadence tinctured by melancholy. He had seen the man frequently in Omaha, but had heard nothing of his history or calling. Even now he believed him a citizen trying to do good under adverse marks and incidents of nature for which he was not responsible. Shortly after reaching this conclusion, Whifton slept. CHAPTER V. A PREDICTION VERIFIED. E5T the visitors of the previous night should return and demand the money given him on the occasion mentioned in the last chapter, Whifton determined on adding it to his cash deposit in the bank at Omaha without delay. The business principle represented by savings was wisely observed by him, whatever might be said of his want of judgment in other respects. In connection with this frugal practice he made it a rule to remove the money in the house or on his person to a place of greater safety when the sum of his gains went over twenty dollars. The amount reserved for exchange purposes, some fractional currency, if seized forcibly, or stolen, could not be re- garded as much loss. Under these arrangements he often surprised people by his fearless light-heartedness. With his money safe, his spirit was enabled to float above the common circumstances of life, like a cork on the surface of water or a bird seeking extra delight in the brightness of the morning air. It was a little method, but its results were incalculable for good to the individual practicing it. The facilities available for reaching the commercial center of the district were ample, several stages passing his 62 IN THE DEPTHS OF place daily, besides other vehicles at longer intervals driven by men of his acquaintance who would gladly give him a ride for the sake of his good company. Hence, after a light breakfast of crushed maize, coffee, and pan- cakes, he posted the ambiguous sign on the door/' Will be back," and rode off to Omaha on the first up stage. While his face exhibited traces of excitement, no one heard him utter a word during the journey, for he avoided the box seat and merely nodded to a few passengers in front of him. The debate with himself on the pending question carried forward from last night was too absorbing personally to admit of rehearsal before any audience, how- ever sympathetic it might prove to be. The little man with his inflated breast and grandiloquent estimate of himself had a huge subject to deal with, and he felt its im- portance. The ground broken in the case, metaphorically speaking, was too ticklish, he thought, for ordinary banter, but required the most careful analysis on his own part before being carried under the attention of strangers or acquaintances. It was evident if his side of the compact were not honestly observed by absolute silence the dark strangers could retaliate at any time, when it was certain he would fare worse than before. The vindication of the law might be a good thing, but the saving of his life seemed to him better. Hence, whatever resolutions he had previously formed of consulting the sheriff in that part of Iowa or the authorities in Omaha, in view of the dan- gerous tendency of the times were now set aside so as to keep within the bounds of prudence and agreement. Besides, he was a winner. The gold piece in his pocket was testimony of that fact, as well as that the secrets con- cerning explosives were still unrevealed. Furthermore, he THE FIRST DEGREE. 63 had discovered an admirer of Grace Finnestare a danger- ous character, no doubt, seeing the nature of his designs and he had scored a great point in recommending that the stranger should not do anything tending to interfere with her freedom or prosperity. Instead of being cold in his coffin, as any other man would be in similar circumstances, he, Whifton, had received a handsome compensation and was guaranteed immunity from further assault. Menaced on the one hand, he was raised to the height of exultation on the other. To what power or condition might he ascribe such fortune ? Plainly to no other than the golden rule of his grandfather in regard to the utility of prevarica- tion. When Whifton reached this conclusion, he chuckled so violently that his hat was almost shaken off his head ; but, owing to the lurching of the stage, the phenomenon passed unnoticed. Arriving in Omaha, he directed his steps to the bank, a one-story wooden structure in the northern part of the principal street, conducted, as before remarked, by Judge Finnestare. In a -pleasant manner he stepped daintily on the threshold and looked in. He stopped. He opened his mouth in wonder at what he beheld. The two large safes were there as formerly, the polished counter, the plain walls, and the low ceiling ; but in the apartment adjoining the bank and opening into it as if intending to be an inner sanctum, he saw a young man of comely appearance chatting gaily if not lovingly to Grace Finnestare. This appearance, meeting him without premeditation, smote his heart like a concussion of atmospheric air after an explosion. Whifton seemed chained to the spot on which he stood. In his earnest gaze at the lady he secretly loved, there was a troubled aspect. It appeared as if he 64 IN THE DEPTHS OF saw death incarnate, instead of beauty. His prediction of yesterday was verified today. The third man was here. He had come even precipitately, like a sudden squall that drives ships to refuge, or a cyclone which buries towns in the dust. Oh ! why did he not consider this phase of the case for his poor heart, or why did he foolishly imagine that Grace Finnestare would remain isolated from the companionship of gentlemen on his account and she ig- norant of his feelings or his love ? Seated near the window, where her smiles fell upon him simultaneously with the sunlight, was the person whose presence aroused all the grief and the surprise in Whif- ton's mind. Judged without prejudice, he was a noble- looking man, the equal of Grace Finnestare in appearance and education. To say that he was handsome would merely record the fact without explicitly defining the circumstances. There was a look of sterling worth in the clearness of his eyes and the broad, manly features of his face, as well as a firmness of purpose in the poise of the head that could not be misapprehended: The thorax, or breast, was fully developed, showing muscular power and force in action. The lower limbs tapered gracefully down- ward, and the extremities, upper and lower, were exqui- sitely proportioned to the size of the man. In his slippers he must have stood over six feet. His hair was black, but the complexion appeared remarkably fair, illuminated as it was with lustrous brown eyes and occasionally a genial smile. He was dressed in plain clothes, whose neatness and cut gave ample opportunity to exhibit his admirable developments of person to advantage without being in the least degree obtrusive. In all that Whifton saw, he read the death knell of his THE FIRST DEGREE. 65 plans and hopes. If there were further evidence neces- sary, their animated conversation in his hearing was suffi- cient proof. How glibly they spoke and laughed ! as if there were no world outside the apartment where they met, or an individual with a consciousness half paralyzed with pain, whose aspirations, after a blissful state, had gone down forever. Advancing mechanically to the interior of the bank, Whifton, while placing his twenty dollars on the counter, was greeted in a kindly manner by Judge Finnestare, ques- tioned about his health (for he looked poorly), and en- couraged to prosecute his business operations further, as wealth was sure to come with the growth of enterprise. "I often wondered," said the Judge, " why you did not come to Omaha and bring your business with you, imagin- ing you could do better here than at the crossroads on the other side; but as often have I desisted from mentioning the matter, on account of noticing how well you do in your present location. Now, for instance, your deposit today, coming so soon after the one at the close of last month, shows conclusively that my opinions on the subject of re- moval were not well founded ; or else that credit is due to your superior management in a situation where few men would be able to make money." As a matter of course, Judge Finnestare had not the least suspicion or idea how Whifton came by the last twenty dollars ; and, in any case, our little trader heard but a moiety of the speech. The sounds of voices were in his ears that smote his spirit like a two-edged sword. His mind wandered to other scenes, endeavoring, no doubt, to find one that might afford him some relief in the present distress. The vision of his strange visitors also came up 66 IN THE DEPTHS OF as if to direct the character of his answer, and with it the word prevaricate; yet, rousing himself by an effort, he merely said : " It is really so, Judge, it is really so." Then he turned and left the place. Whifton was desirous of meeting his friend Flanks Honeybone, the night watchman, so as to glean from him the truth regarding the new acquaintance of Grace Finnes- tare, whose presence gave him so much uneasiness and proved to be a most disquieting indication of future trouble. Turning suddenly to the right, he noticed a man standing near the door, who, though busied with a note- book and pencil, could have heard what he, Whifton, had said in the bank without being suspected of listening. As his secret was as secure as the money, he rather felt a pride in saluting this man, who was no other than the notorious Hamilton Hitch. Seeing Whifton enter the town, he had pursued him to ascertain if he would or would not betray him and his son while placing the bribe in a place of safety. As the con- duct of Whifton proved satisfactory, Hamilton Hitch re- turned his salute and added the usual compliments of the season in appropriate language. Whifton said to himself as he directed his steps downtown : " Somehow I have a liking for that man. I think him very honorable, and feel sure he would make a reliable commissioner or superior judge. He is very considerate." Although obliged to witness vast improvements in Omaha, some little attention was paid to them on this occasion, until the meeting with Honeybone, which took place about two o'clock in the afternoon. At that hour the night watchman was accustomed to step jauntily from the door of a cheap boarding house, where he roomed and THE FIRST DEGREE. 67 boarded, in the southern end of town, and, seeking the main thoroughfare, parade its entire length in holiday at- tire for the purpose of showing his patrons what a live man he was at that time of day. This movement in view of an appreciative public he called " taking a spin." Honeybone was a man over thirty, tall and muscular; fond of rich food, and, in consequence, possessed a fair- sized paunch ; good-natured to a fault, and jolly ; ready and willing to give and take a glass of liquor from a friend as exchange blows with an enemy ; and spending his money with a lavish hand to the extent of his earnings. When you saw him on exhibition in the afternoon of a pleasant day, the most of all his possessions were also in view. His clothing was of the finest material and latest style; the Derby hat was tilted a little on one side of his head ; his boots were highly polished ; he wore a seven- dollar ring on the little finger of his left hand, and a brace of pistols in his hip pockets, comfortably and carefully adjusted. One could see in his mien self-gratification and glorification such as has rarely been detected associated with the man of wealth. Some of his peculiarities seemed suited to his independent character. He would step across the street, for instance, before reaching the regular cross- ing, and abbreviate words in his speech for the purpose of making it agreeable, believing in each case that the shortest way was generally the straightest. The greeting extended to Whifton on the present occa- sion was a genuine outburst of pleasure on Honeybone's part. "Whif, my old friend," he said, "glad to meet you. How is biz? Hain't seen you in a dog's age. Guess you've 68 IN THE DEPTHS OF been skylarking with the girls at the crossroads. Ain't you spliced yet? " Whifton did not attempt to answer these questions cate- gorically or otherwise. Raising his forefinger to the middle of Honeybone's breast, and crooking it a little as if about to seize one of the buttons of his coat, he said : " I want to have a talk with you." This sentence was uttered with such a serious air, un- accompanied by the spasmodic mirth characteristic of the speaker, that his friend readily conceived the necessity of infusing a more ardent spirit into the originator of it, so as to bring him on a par with himself, equality of sentiment on current questions being one of his favorite rules. Hence he suggested : " S'pose we take in Cuffins's. Cozy hole that there. Cuffs a daisy at doin' things, you bet. There ain't no small fry on his spread." Cuffins's was a saloon a few rods off from where they stood, to which the men repaired: It was famous, accord- ing to the testimony of the night watchman, as a resort for men of small means, or, indeed, of all means, who, while paying for drink, were accommodated with something to eat, gratis, called a lunch. This lunch was eaten off a common dish either by selecting a bit or bite with the fingers or the use of a fork kept near it for indiscriminate use. Whifton would drink nothing stronger than lemon- ade, nor Honeybone other than cocktail. It was off the bar where they entered in a small reception room decorated with cheap prints of pugilists and some of the sporting fraternity of a lower order, whose exhibition seemed as necessary to the imbibers of potations as flavor to the drinks. Honeybone's face presented a smile of THE FIRST DEGREE. 69 great sweetness, vulgarized, however, by the red color of his nose, as, taking his glass, he said, " Here's fortune," while his companion seemed wholly intent on studying the phraseology by which he was to open the interview. After some delay he said: " You know everybody in Omaha, Flanks? " " I guess so, purty much, 'cept strangers." " The bank is one of the places you have to watch ? " " There ain't no crook livin' as could pull that there pen while I'm round, an' don't you forget it." " It would not surprise me to hear of Judge Finnestare selling out his interest in the concern. What makes me think so is this : I saw a man in there today who appeared to be very intimate with the family. It is really so." Honeybone burst into a loud laugh at Whifton's method of characterizing the acquaintance of the Finnestares. "Oh, him!" he answered. "A youngish sort of feller?" "Exactly." " Good-lookin' from his boots up." " There is no denying it. It is really so." " W'y, he's sweet on the daughter, dead stuck on her, an' solid for sure. He ain't goin' to be on the left side. They'll be married." Honeybone' s glance was directed through the window of the apartment while uttering these terse sentences, and for sounds he had his ear bent to the tinkling of glasses in the bar, where a second cocktail was being prepared for his use. He had not the least idea of the effect of his words on the mind of his friend ; but they touched Whifton's heart like sharp-pointed daggers. What that little dreamer had anticipated was true. This newcomer referred to by 70 IN THE DEPTHS OF Honeybone and seen by himself was the lover of Grace Finnestare. The possibility of maintaining a rivalship with him must not be entertained for a moment. It would be preposterous, utterly ridiculous. He made a rapid survey of his exterior appearance, as if to prove the truth of this conclusion. He saw the little boots, the tiny legs, and the miniature breast, which, though prominent, was as frail as a mere eggshell compared with the pronounced manliness and strength of the person seen in the bank; and his hopes went out from his understanding like a light that is suddenly extinguished in the darkness of night ! Furtively he glanced at Honeybone to ascertain if there was any trace in his countenance of love for Grace Fin- nestare, for he supposed that every man seeing her must have been captivated instantaneously, but the scrutiny proved ineffective. The man seemed indifferent to the influence of the rosy god. " How wise he is compared with me ! " thought Whifton. "He loves to flash his ring in the eyes of people, to be admired on the street for outside polish worth about five cents a yard, and guzzle the cheap meals of sixth-rate boarding houses until he groans with delight, while I have nothing but a sore heart from the foolishness of loving a 'beauty I could never get. I must live through it." This honest resolution of making an effort to retrieve his mental equanimity seemed to give him some strength, so that he resumed his inquiries after the bartender had fur- nished the other round, as each order of drinks was called, and left the apartment. "Flanks, where has this man in Finnestare's come from?" THE FIRST DEGREE. 71 "Pooh! the Yeast. Hain't they all from it? Noo Yark." " Do you suppose I can learn what brought him here, or, rather, what his business is? " " He's up to snuff, you bet. Full of biz as an alligator. I guess he knows what he's after." " But his business, Flanks? " " He dassent tell, himself. The talk is, politics shoved him out here on spec', to navigate somethin' about the border war they're havin' down in Kansas. There ain't no flies on him, nohow." " Do you think we will have war, Flanks ? " " Naw. How can we? Where'll it come from? No soldiers, no nothin'." Thrusting his hands into the pockets of his overcoat as if his extremities were cold, Whifton rose to depart, but at the bar, on the way out, stopped to pay the reckoning as well as to order another cocktail for his friend, taking a cigar for himself in lieu of lemonade. Then as Honey- bone toasted the prosperity of trade at the crossroads and accompanied him to the street, Whifton, presenting the cigar, inquired finally and impressively : "What is the name of this strange man, Flanks, in Finnestare's? " " They calls him Herondeen, or Herondine, which is purty much the same," answered his companion, seizing the proffered root, nipped the point on one end off with his front teeth, and lighting a match, began to smoke. As this new pleasure seemed to produce the motion necessary to separate from his friend, the two men ex- changed adieus, Honeybone to proceed further on his spin through the city, while Whifton mounted the first stage- 72 IN THE DEPTHS OF coach passing to his home. In the morning he had come into Omaha charged with splendid hopes in a visionary future that even magnified the beauty of the landscape through which he passed ; now he was going out feeling that all these sources of ecstasy were lost to him forever, as if blasted by the fury of a mysterious storm beyond the confines of his thoughts. The verdure of the trees of his planting had been stricken by fire from the clouds when their bloom promised to decorate the pathway in his last years on earth. He saw nothing but the diminution of glory in the physical aspect of inanimate objects where formerly he had been entranced by their effulgence. The sunshine appeared to have grown darker than usual ; the distant prospect devoid of interest; and his own home drooped apparently in an insignificant manner as if con- scious of the misery to which its owner had been reduced. Entering the house in a half-crazed manner, he threw himself into a seat exclaiming : " Oh, God ! how desolate I am ! It is really so. Spare me a little." CHAPTER VI. WHERE TWO CURRENTS MEET. DANDERTON HITCH was surprised in the midst of his industrious calculations by the presence of the stranger in Omaha whom the night watchman had called Herondine. This was his first experience with the pro- found unknown where immaterial circumstance struck him like a material body. The incident did not seem to war- rant uneasiness, for Danderton was then ignorant of Her- ondine's acquaintance with Grace Finnestare and knew TJJE FIR SI DEGREE. 73 nothing whatever of his business antecedents. Intuition gave him the cue. It was when Herodine first entered the city and Danderton seemed on the eve of possessing almost everything the world could afford. In compliance with the custom of business men in America, Herondine proceeded to the best hotel to register, so as to announce his arrival, although having other living accommodations in the place, to which he would immedi- ately repair. Danderton was sitting in the office as Heron- dine stepped up to the counter when the accommodating clerk wheeled the book on its pivoted support in order to receive his name. When it was written, Alton B. Heron- dine, with his late residence, New York, the recent arrival turned and encountered the glances of the son of Hamil- ton Hitch. As with bodies that repel each other, there was antagonism between these two men at first sight. The fine finish shown on the person of Herondine seemed to excite contempt in the mind of Danderton. This feeling caused a contraction of his features, which roused the manhood of the person against whom it was directed ; and Danderton, on the other hand, was slowly but systematic- ally scrutinized by the stranger. For no reason that anybody could discern, the two men grew wrathful. Danderton arose and walked hurriedly around Herondine, viewing his signature and conducting himself in a manner that would appear as if he meant to intimidate him, but was met with such cool determination and self-confident power that he kept himself at a safe dis- tance. It was instructive to see two opposing currents of human thought meet like the tide of the ocean and the flowing of a river. Both men were fine specimens of manhood, 74 IN THE DEPTHS OF physically, but in all other respects the contrast between them was remarkable. Herondine might be selected to represent the beauty of morning, while Danderton would be assigned to the gloomy night. Danderton's intuition gave the warning note. " If this man meets Grace Finnestare, all is lost," it said. Dander- ton saw this plainly of his own accord. It struck him like a sword point. Every movement of Herondine showed the truth of it, and there seemed no doubt there was a rival before him who would cancel all his chances and annihilate all his hopes. It was a dreadful prospect, especially as it resulted from a careful communion with himself whose conviction he could not deny. He even remembered what Whifton had told him about the coming of the third man. "By h ! " he thought, "that little necromancer knows a thing or two." It was strange he permitted disturbance of this kind to distress him without sufficient evidence as to its reality. The beauty of a man's person ought not to be an incentive to give an insult. Perhaps the incoming stranger, the immigrant, as he might be called, was married or had left some loved one in the East to whom he would return. "Oh! no, no, no," Danderton's heart answered in the negative. The mysterious sensation crowding upon him seemed to possess the property of removing all doubts on the ques- tion. Out of the darkness of the unknown the light of truth in this case came to him like a vision or as if it had been flashed by an internal monitor. Nature, that hereto- fore had favored him like a pet boy, now struck him as if he were an adder ! When he trembled as if stricken by palsy, he knew some operator other than error was at THE FIRST DEGREE. 75 work, whose mandate should be obeyed because outside the domain of fiction. Stepping up to Herondine he whispered, so as not to be overheard by others : " Who the d are you ? " The response was equally explicit and emphatic : "Don't be in a hurry, young man; you can learn that soon enough." Danderton seemed to get furious. Exclamations of hos- tility in single words or half-formed sentences escaped him as he wheeled and counterwheeled around his an- tagonist, but made no further effort to strike, as Heron- dine's manly form and conduct appeared equal to the occasion and fully qualified to repel an attack. Some of Danderton's acquaintances who came upon the scene at the time, observing his trepidation and fearing trouble, hustled him out of the hotel, while Herondine went quietly about his business. It was a period in the history of America when the least indication of a quarrel, if not promptly suppressed, might induce a serious riot. Opposition and bad feeling were in the air like the germs of an epidemic, and people every- where were actually listening for the first sound of war. As has been hinted at, Danderton's speculations up to this date seemed sound and encouraging. A large party espoused his journalistic project. He was informed that on such issue he would get all the backing necessary. Some of the people were tired of sermons and wanted any- thing new, no matter what. On this account he would call his paper " The Western Gasconader," and through it spread broadcast all the scandal that could be collected. His residence, too, had been completed and was occupied. The old home at the foothills had been removed, and he 76 IN THE DEPTHS OF and his father were frequently seen on the streets or in public places conversing with businessmen on questions of the times. In a few weeks, perhaps days, he was promised an introduction to Grace Finnestare. In the mental per- spective which these incidents created he could discern happiness; but while viewing its glittering aspect, some unseen hand thrust Herondine between him and it, thus shutting the fascinating vision out. Explanations followed their first encounter. Herondine received two accounts of Danderton, one intimating that he was a rising young capitalist whose thoroughness and live ideas might be relied on to advance the interests of the city. The other description traced his history back to his boyhood and questioned the integrity of his character, classifying him also as a sport or a person to be feared. On the other hand, Danderton was informed that Herondine was an agent of a powerful political party organizing throughout the entire country to give freedom to the slaves and otherwise infringe on the private rights of citizens. As such it was his bounden duty to oppose him. Danderton's father became vigorous in sustaining the cause of his son on the above grounds. No one knew his secret motive any more than they were acquainted with the young man's thoughts regarding Grace Finnestare; but he promised all the support at his command. Dander- ton would forgive everything in his rival but acquaintance- ship with the lady of his love. He had not long to wait for the verification of his fears. That evening, as he stood inside the curtains of one of the front windows looking westward, he saw two persons walking leisurely a few hundred feet beyond the street in the direction of the low hills heretofore noticed. The THE FIRST DEGREE. 77 sunshine was dying out slowly, but the atmosphere was calm and the fragrance coming in from the great prairie enchanting. The couple proceeded until they reached a prominent point where the distant landscape would appear pleasantly to the sight. Then they remained stationary. It seemed evident from their movements they enjoyed each other's society and were happy. They were good people whose confidence each knew how to value and respect. There was no mistaking their identity. At a glance it could be seen they were Herondine and Grace Finnestare ! When first observed, Danderton's gaze became fixed and he felt as if a thunderbolt had fallen upon him. The interior of his heart was stricken by acute pain, as well as that his life or spirit became agitated as if threatened with death. Perspiration stood out on his forehead, while respiration seemed so difficult that he imagined it about to cease altogether. The evil in his nature, however, soon came to his assistance. Withdrawing suddenly from the window, he sought a room looking toward the northwest, threw up the sash, rushed to a cupboard, and, picking up a rifle which lay against the wall, began loading it with round shot. One would imagine he beheld a lion whose life he pro- posed taking before it succeeded in its efforts to cross the bluff. The train of ideas started by his passion hurried him forward towards the brink of crime, without the les- sons taught by his father being of any avail. He seemed maddened into a condition beyond the control of his powers. When the rifle was loaded and made ready, he raised it to his shoulder. He aimed ! 'Ah ! What is this? " he cried, with an oath. 78 IN THE DEPTHS OF Grace Finnestare was standing between him and Heron- dine! If he fired, she would fall and his rival probably escape. Would he kill the two? "Not yet," he an- swered mentally, while he lowered the weapon to an order arms. At this instant his father entered the apart- ment and became acquainted with the situation and the causes leading to it. Placing his hand on the young man's shoulder, he said : " Danderton, I have guarded your safety for many years, but if you did what I think you were going to do I could not save you." "I am willing to suffer for this business," replied the son. "No. We cannot afford to think so," continued the elder man. " It ought to be fitting for me as a means of reaching a tragic end ; but quite unprofitable for you. There is nothing in it." " Can you give me some remedy to satisfy my revengeful disposition a panacea, as they call it and at the same time relieve the fearful pain of my head and heart? " After some reflection the father answered : " The time and place must be more suitable than these, and the means of a darker kind. Come." Danderton followed his father into an apartment which had been set apart as a day room for his accommodation. It was gloomy and secure from all intrusion. Standing a few feet inside the door of this infernal sanctum, the old man spoke in whispers, lest by any possibility his words might be heard outside. " When chance favors us, use your own method." "How? What?" " Dynamite." THE FIRST DEGREE. 79 " Ha ! you have tumbled to it. I told you it was first- class." "Have the two fall together. On the day of their marriage, for instance, when they are happiest ! " " The woman too? " " Yes ; and, for the matter of that, the old man her father. It is a great bill a full hand a game worth playing. It must be done so much on the quiet, however, that there will be no chance of discovery, and in the night, when consternation may be added to sensation." These words of Hamilton Hitch were delivered rapidly, while traces of foam appeared on his lips and his pale face grew ghastly from excessive feeling. His head moved from side to side like one proud of some remarkable achievement. Danderton did not quail before the terrors awakened by the details of the fiendish plot. Once he trembled while meditating a little on the individuals con- cerned, but by an effort assumed a calm aspect when he said : "It is a pity to slay the woman." " Chicken ! " remarked the father, contemptuously. "You mistake me," resumed Danderton. " I am con- cerned for myself in this case much more than on her account. If the woman is killed, the memory of her will stay with me for sure. I would prefer to be free from such burden ; whereas, if she lives and this man Herondine, her husband that is to be, dies, I may succeed ' ' "Don't," said the father, interrupting him. "Let us have no more silly expectation. She would treat you then as she does now with contempt. Who, let me ask you, laughed at your well-meant aspirations and ridiculed your 8.) IN THE DEPTHS OF wishes was it not the woman? Well, then, cut her image from your mind and hate her if nothing else." " I could not live," said Danderton slowly, as if by ex- planation, "if she dies in the manner suggested. This remedy would only make matters worse. I might be forced like others to die by my own hand." "Think of your prosperity, can't you? The fame awaiting your business enterprise and the popularity fol- lowing our literary efforts in ' The Gasconader.' ' "They won't do worth a continental, pap. I'm tor- tured out of all patience." The father, grasping his son by the arm so as to be felt, resumed: "Wait. Fight the trouble. Let the woman pass unhurt if you want to, but pursue the man until the opportunity arrives ; then strike and take what chances there may be afterwards. Will that satisfy your appetite? " " What am I to do in the meantime? " "Work. Rustle. Go into politics, oppose Herondine in all his speculations, and set your mind on marrying an ugly woman. Nothing will cure you if that don't." While the young man reflected on the terms of relief as dictated in the foregoing advice, the father proposed the provision of new solace. He resumed : " I have something else to tell you, which, after all, is the principal thing. The little man beyond the river, and I, are acquainted. He suspects nothing. It appears certain he will be faithful to the conditions laid down for him. He will supply the dynamite and relieve us of the responsibility, don't you see, should anybody make a fuss over it." " Pap, there's no denying the wrinkle. I acknowledge THE FIRST DEGREE. 81 the corn ; you're smart. That's what's the matter, and don't you forget it," said Danderton' joyfully. The father continued : " When the article is received, place it under the house where Herondine is sleeping. Set the fuse at such length that you may have time to get out of danger before the explosion and return home immediately. In the morning we can join the citizens in offering a reward for the appre- hension of the perpetrators of the outrage ! This will cover our tracks." There was a smile on Danderton's face as he returned to the apartment from which he had seen Herondine in com- pany with Grace Finnestare. The hope inspired by his father expanded through the medium of reflection until he was full of his enemy's premature downfall and the glory of ridding the world of him by the new process so little known. On this account, he was not disturbed on seeing Herondine and his companion retrace their steps home- ward as the twilight came over the plains and lovingly folded them in its embrace, as if they needed protection, and finally shut them up in Finnestare's while it deepened into night and disappeared. About a week after the events here related there was a large procession in the streets of Omaha. One of its esteemed citizens had naturally gone to his account. Be- sides the friends and acquaintances of the deceased in carriages, many persons fell into line afoot, attracted by the solemnity of the occasion. Among the crowd thus situated was Crow Whifton, from the crossroads at Coun- cil Bluffs. He was alone, so to speak, as it was in the forenoon and the nightwatchman had not yet appeared. The old cemetery in the neighborhood of the city being 82 IN THE DEPTHS OF still available, the procession soon reached its destination, and the minister began the reading of the beautiful service of the Episcopal Church amid profound silence and the deep reverence of the spectators. Just as he recited, "I heard a voice from heaven saying " "Whifton, my dear pal, I'm with you," interrupted a whispered voice at the little man's elbow, and turning he saw Hamilton Hitch bent forward as if in prayer and with an unctuous appearance on his countenance. Again the minister's voice prevailed, saying, "From henceforth now and forever." "Amen ! " responded Whifton, as if he had been forced into some declaration of the heart through the nature of his surroundings, and could no longer resist the impulse to be pious like his companion. When the services were concluded, the men thus strangely brought together walked into the principal street, where the crowd broke up and dispersed into the ordinary busi- ness community. Hamilton Hitch, concluding a disser- tation on the subject of his love for the company of successful men like Whifton, invited him into a popular restaurant, where he treated him to a sumptuous lunch. While discussing the menu, which had been flanked by a couple of bottles of dry claret, Hitch remarked in an affable manner : "The joke of it is, my dear Whifton, that my son wanted a little dynamite to use in his scientific experi- ments, but, fearing public comment, applied to you in the manner we all remember until such time as his investiga- tions were successfully completed. I told him a few days ago I would get it from you or have you send for as much as he required. Its manufacture is known only to a few." THE FIRST DEGREE. 83 "Why, certainly," answered Whiflon,"! shall be happy to accommodate you, now that we know each other. It is really so." "Remember," continued the elder man, "mum's the word. Let nothing tempt you to give the matter away, because, as you know, science has no relationship with worldly people." "Never you mind," returned Whifton, with a friendly nod of his head. " They won't get anything out of me if I know myself." Then, after a little reflection, he con- tinued: "I'll send for it. I have the address of the in- ventor." "How long, my dear Whifton, will we have to wait before it comes ? ' ' " Let me see; three and three are six, and twenty-one, twenty-seven, three about two months. If not unavoid- ably detained, we may have it here close on to Christmas, say December twentieth." " It will be the season for slaughtering ducks and geese," said Hamilton Hitch carelessly. " Quite right," returned Whifton, evidently attaching no significance to the words other than their literal mean- ing. The repast ended, Whifton was about to rise so as to depart homeward, when his companion made a motion with his hand to detain him. " There is one thing more," he said. " Take this token of my esteem in consideration of your faithfulness. Keep it, and if you are ever in a difficulty that I can relieve it will serve you." Whifton, glancing at the gift, saw it was a watch charm of triangular shape with some mystic signs on each side. 84 IN THE DEPTHS OF It seemed a mixture of precious metals and had an attach- ment to connect it with a chain or ring. " I'll wear it," returned Whifton. "Thank you." Then, as the friends separated, Whifton remarked to himself, " I declare ! that new friend of mine is the most agreeable person Lever met. He is liberal, too in fact, open- handed and generous to a turn a real gentleman. It is really so." CHAPTER VII. AN UNGODLY HEIRLOOM. A", TON B. HERONDINE, whose appearance in Omaha had created some speculation in regard to the character of his business and future operations, was a New York gentleman of means, legitimately acquired through the industry and economy of his progenitors. His prop- erty for the most part consisted of improved real estate in the neighborhood of Abingdon Square, New York, which, by the way, is a triangular enclosure not far from the junction of West Twelfth Street and Eighth Avenue, showing conclusively that the magnanimous person who undertook to give the place a name was not well versed in the elements of Euclid. His father belonged to the Herondines of Hillville, a maritime suburb of a large city on the eastern coast, and claimed direct descent from a celebrated Herondine who, a century before, swam three miles into the open sea for the purpose of recovering his fishpole, accidentally carried out by the tide, and returned safely to land with the precious implement. So far from exhibiting a desire to THE FIRST DEGREE. 85 transmit this part of the family record to future ages, Alton B. repudiated it altogether, asserting that it was a mere travesty on the incapacity of his ancestor, who could not swim at all. The Herondine of our day needed no fame of this kind, while his honesty of purpose and generous disposition towards mankind led him to seek the solution of intricate problems associated with the destinies of his country dur- ing his youth. For a long time he wavered between right and wrong, on account of his surroundings; but, persisting in his search, he came to know the truth at last. It is necessary to present him to the reader struggling for a knowledge of political science in his New York home. The disintegration, or breaking-up process, which takes place in all families sooner or later, whereby the members are scattered by death, emigration, or marriage, or sepa- rated on account of other causes, set in with the Heron- dines while Alton B. was quite young. At the age of six- teen, when beginning his collegiate course, it was found that there remained to him from his family and relatives but two old aunts, one being the sister of his good father, and the other bearing a similar relationship to his honored mother. These ladies possessed estates in their own right ; so that their introduction into the Herondine household was not designed to be a means or an end of support as poor relations, but to enable them to form a home circle for the young heir, and endeavor to relieve his anxieties and attend to his individual wants. So well and assiduously did they bend to the labor assigned them in this case that the neighbors frequently called Herondine " the young man with the two mothers." 86 IN THE DEPTHS OF It was one of the curiosities of the times to witness Alton B. stroll up Bleecker Street into Broadway with an aunt on each arm, now listening to the suggestions of the one, then turning suddenly to hear the opinions of the other. As he was tall for his age and the ladies who accompanied him very much the same height, gaunt, posi- tive, and demonstrative while expatiating on familiar sub- jects, the spectacle presented by the group was amusing. In like manner they were encountered in several public places in and around the city in Union Square, at the City Hall, along the wharf, near the Battery or Castle Garden, in the old Washington Market, at the Fifth Avenue Hotel, on the Bowery, in Central Park, or beyond the Hudson on the heights at Hoboken. Mrs. Winling, the aunt on the Herondine side of the house, had been gray-haired for years, but was now white ; yet she still retained great vitality, clear perception, and a volubility of language quite remarkable. Her laughter resembled in some respects the clear sound of a bell. It was customary to call her "Aunt Frill" an abbreviation of Frilistine, which was her Christian name. She was a widow whose husband and children were long since dead ; and on this account, perhaps, she sought earthly solace in her attachment for Herondine, whose comfort she endeav- ored on all occasions to promote. On the other hand, there was the mother's sister, Emma Funton, whom Herondine familiarly called "Aunt Em." Mrs. Funton was also a widow; but her children, three in number, had been well married and settled comfortably in life, leaving her to select the method of living best suited to herself. Seeing the hardship wrought by death in the Herondine family, Aunt Em offered her services as com- THE FIRST DEGREE. 87 forter and joint guardian with Aunt Frill ; and thus it came to pass they were associated in a benevolent work that the people at large heartily approved : but they had their peculiarities. Aunt Frill was an indefatigable searcher after news relating to the pedigree of other people, more especially to the phase of it known as family jars, and even going so far as to find comfort in sensational scandal as noised around by neighboring gossips. At meals Herondine heard all the secret operations of society through Aunt Frill with a great deal more accuracy than was related in the daily papers, besides hundreds of choice items that never reached publication at all. He was delighted with it, which made his aunt say on one occasion that she "believed its efficacy made him fat." Whether true or false, this assertion need not be questioned in face of the fact that the young man enjoyed the society of Aunt Frill with keen discernment, and imagined he could not eat a satisfactory meal if not listening to the force and eloquence of her tongue on such subjects as appeared to captivate her choice. Mrs. Funton, however, held these characteristic traits of her companion in some contempt. Her precise and methodical manner was opposed naturally to frivolous language, although she did not object to the circulation of scandal if couched in appropriate terms. She was a good speaker, and the modulating tones of her voice added interest as well as a pleasurable character to her discourse. As a rule, if not debating with Aunt Frill, she was expati- ating on the nature of a physical trouble which had fol- lowed herself for years ; namely, weakness of the stomach. No one exactly knew whether the complaint had ceased 88 / he was prepared for it and had schooled himself to believe that the climax of his mental suffering had come; for, be it remembered, such acceptance of fatality is as distressing as, if not more so than, the act of death itself: but there was a phase of his case awaiting him he did not expect which made him tremble in every limb as if he had been shot. As he entered the court, his heart almost ceased to beat on THE FIRST DEGREE. 297 seeing in a corner near the bench his wife and his two aunts, already weeping for his fate. He stopped an instant, throwing up his hands as well as he could, as a sign of utter astonishment and bereavement ; while Grace Heron- dine, seeing him, gave a wild shriek of despair and fell fainting into the arms of Aunt Frill. As the only wit- nesses of this scene were the Judge and the guards accus- tomed to duty under trying circumstances, there was no disturbance in court. It was accepted as natural, but the Judge made a sign which brought up a man to remind Aunt Frill that if any such exhibition were repeated, they the ladies must quit the place without hope of readmission. Then the prisoner was placed in front of the bench sur- rounded by armed men ; the sentinels were set at the doors and in the corridors ; the ladies, after Grace Herondine's return to consciousness, resumed their seats in the strangers' corner ; the officials of the Judge appeared to be in place ; the crier and the prosecutor and everything in the apart- ment indicated the progress of the business in hand. When the prisoner raised his head and beheld the Judge, he trembled not as a coward, but as one reminded of some terrible feature of human life that seemed inexplicable. Here was a condition the reverse of what he had previously heard ; namely, the criminal was on the bench deputed to exercise the powers of a judge, while the good man stood in the dock with the certainty of dying a violent death. How strange that this should occur after centuries of law- making, preaching, and watchfulness on the part of those having the good of society at heart ! Was it possible that even circumstances leading up to such a spectacle could shape themselves and mature in full view of the morality of 298 IN THE DEPTHS OF heaven and earth? Yes. Evil was uppermost for the time being ; let those explain it who can. Hamilton Hitch looked on the prisoner with a pompous air, such as an ignorant man sometimes assumes when he is purse-proud or bespattered by promotion due to senior- ity. His own triumph over Herondine, as well as the late success of the Confederate arms, could be detected on his features. There was no smile perceptible, but merely some shade of animation that marked more distinctly the eternal scowl which had always been upon them. Nowhere, per- haps, within or without that court room, could there be seen an object so fearfully interesting as the person of this judge. When the light from a side window thrown open to admit more air fell upon him, every eye beheld one thoroughly merciless and treacherous. The outline of the figure bore some relationship to that of a hog after a drowsy sleep. He sat motionless without attempting to speak, remembering, no doubt, Danderton's instructions to him regarding the best method of coming into public favor keep his mouth shut and the people would imagine he was a profound scholar or a wise statesman. In his present position he did it to inspire terror and make be- lieve there was dignity in this statuelike behavior. His present situation might be accounted better, but his person worse, than previously. The thick neck was still prom- inent, but the head looked more or less shriveled, as if Time had twisted it designedly in a shocking manner so as to make the man detestable in appearance before bringing him to death. The middle part of his face protruded, doglike, making the facial angle very acute; and the top of his head appeared to have narrowed from some cause directed against sound intelligence. Even his hair THE FIRST DEGREE 299 was changing irregularly, the lower part being full gray, while that which clothed the upper parts of the cranium was white and crispy with little pointed tufts here and there, making, on the whole, a shocking picture when sud- denly beheld Nature had withdrawn a portion of his strength and stricken adversely his individual members, but the power of evil had supplied him with additional presumption His eyes had retreated in their sockets, yet now they possessed a fiercer glare than formerly, and, from being swinish, they seemed like those of a wolf. Seated firmly behind the bench alone, with the special characteristics conspicuous as above mentioned, he bore some resemblance to an old bulldog waiting for a chance to bite. The prosecutor, seeing everything in readiness, arose to make a statement. On scrutinizing his countenance, Herondine said mentally, " Should I escape the vengeance of the father, the son would complete the work of my destruction." He saw in the prosecutor his old enemy, Danderton Hitch. "I accuse the prisoner at the bar, your honor," said Danderton, " of being a common spy." Before any one could reply to this proposition Aunt Frill jumped to her feet, and, stretching forth her right hand, said boldly : "It ain't true, Jedge. Alton B. is my nephew, born and raised, I might say, under my protection, to which Aunt Funton is here to testify, likewise his wife, Grace Finnestare that was. It ain't true nohow, Jedge. It never was in him nor in his family; moreover, he didn't need to spy on any one, good, bad, or indifferent. He ain't in it." 300 IN THE DEPTHS OF Aunt Frill's appearance arrested the attention of every person in court. Frail in body, with attenuated hands and face, her hair white as snow, her cheeks wrinkled, a ghastly pallor overspreading her countenance, and this language, half irrelevant, half amusing, made her appear deranged. Add to these features of the case her black clothing with flounces of heavy black crape, and there was a picture that any one might stare at in wonder. Her voice was clear, however not harsh in its sounds, but musiclike probably occasioned by the influence of the good spirit behind it. "You must not interrupt the business of this court, " said the Judge to Aunt Frill. " You were admitted to witness the trial, but not to plead for the prisoner." To which Aunt Frill replied : " I have a pass, Jedge, from President Lincoln himself bless his good heart. It's for our whole party, mind you. When I heard of Alton B.'s trouble, I went to President Lincoln, and, introducing myself, said to him, 'Mr. Presi- dent, I was for Douglas at the late election, but am fully satisfied that you got in. Will you give me a pass to go south ? My nephew has been captured and I want to see him. ' Will you believe it, Jedge, that man smiled, and, tak- ing a sheet of paper, wrote the pass without another word ; only, when I mentioned that my nephew was confined in Richmond, the President said pleasantly, ' I've ordered the army to go on there; so you'll have lots of company.' ' At the conclusion of this speech some of the guards laughed, but Danderton, arrogantly addressing the lady, resumed : " I desire to remind you, madam, that President Lincom has no jurisdiction here." THE FIRST DEGREE. 301 " No? the more's the pity, then, I assure ye," said Aunt Frill loftily. " He is the President for all that. What you have here is like the contents of my grandmother's pocket a mixture of small things that, come to examine them, worn't no good for one thing nor the other." Danderton looked at the Judge as if to appeal to him to correct this abuse of Aunt Frill's tongue. "We cannot listen to such language," said Hamilton Hitch. "If it be repeated, you must leave the court." Then, turning to Danderton, he continued, " Prosecutor, go on." In the meantime, Grace Herondine and Aunt Funton persuaded their companion to resume her seat and keep silent. Danderton's statement to the court referred to the pres- ence of Herondine in Charleston and Montgomery, but it failed to prove that the man was actually in these places. To cover this deficiency in his testimony he swore that it had positively been proven to him that the prisoner was in these places severally as a spy. Upon the Judge accepting this evidence as proving the charges against Herondine, Aunt Frill groaned and the other ladies began to weep, feeling that their case was hopeless. The report of the capture, however, was Danderton's great means of convict- ing the prisoner. " Herondine was caught in the act," concluded he "a thing that cannot be denied, for I witnessed it and found the documents upon him which the court has in its posses- sion." There was deep silence in the apartment when Danderton resumed his seat. Incidentally the Judge turned his face towards Herondine's friends as if to indicate how conclu- 302 IN THE DEPTHS OF sive was this last statement of Danderton's; and Aunt Frill, believing the motion to be a challenge to respond, arose and said : "On the strength of his own words, Jedge, this man who swears against my nephew is a liar. Alton B. was an aid- de-camp, not a spy. Grant that he was carrying letters from the commanding officer of his party wouldn't you do it? That was not spying out things. On this ground, Jedge, he is entitled to be held for exchange." Then Grace Herondine stood up and spoke. She said r "Aunt Frill is correct, Judge. My husband, the pris- oner, was an aid to General McDowell, and cannot be held or convicted as a spy." Every ear in court heard the music of Grace Herondine' s voice. Every eye looked at her admiringly, and then turned to behold the Judge. " The charges against the prisoner have been fully proven," said the Judge. "It is clear to the court he is guilty and deserving the punishment inflicted on others in similar circumstances." Hearing this unexpected declaration, Aunt Frill stood forth in behalf of Herondine as few women ever did before. While tears coursed down her wrinkled cheeks and her breathing came thick and fast, she continued : " I have his ransom here, Jedge. These papers are the deeds of my property. There are, moreover, bills, bonds, mortgages, assignments, acquitments, ejectments, releases, collaterals, and certificates of deposit in fact, everything I possess. I offer them as the price of his liberty." Aunt Funton followed Aunt Frill, making a similar offer of the property held in her own right, but the Judge made a motion of dissent with his hand and said : THE FIRST DEGREE. 303 " We do not accept ransoms for persons who are enemies of the Confederacy. The law is straight, and we see no reason why any divergence should be ade from it. How- ever, there was something else, Prosecutor. Did you " He referred to the conversation with Danderton the previous night regarding proposals to be made to Grace Herondine. Danderton understood, and replied : " I made the effort, but failed in my purpose. Let him die." Many of the guards appeared deeply interested in the magnanimous conduct of the two aunts ; but the climax of the proceedings set in when Herondine's wife, stung by Danderton's allusion, addressed the court. The tears had dried in her eyes through the effects of her deep emotion. She was in the realm beyond tears where souls are appalled by dreadful catastrophe or impending destruction. In such positions many exhibit good or bad traits unknowingly. What the witnesses saw associated with her were the rare beauty of her youth whipped by chastisement into grandeur like the fire of a meteor in motion, and the uprightness of an individual conscious of possessing a noble nature with determination to maintain it. She said : " If it be inevitable for my husband, the prisoner, to die by your judgment, we have sufficient fortitude to withstand the calamity he in heaven and I on earth. There was no criminality in his life ; therefore, we shall only have to regret separation, that which comes to every one sooner or later. It is you will have to bear the remorse of killing an inno- cent man. The iron hand of unseen chastisement, that never ceases to operate, will fall upon you and on yours until justice is satisfied you have had enough. We came to plead, to offer ransom for his life, to beg for mercy, but the only 304 IN THE DEPTHS OF condition you seem to imagine necessary and effective is for me to renounce my husband and marry your son. O man ! will you never understand that allegiance to my hus- band is worth more to me than the wealth of the world and life itself? How could you and your unfortunate boy think for an instant that I, a Northern lady, would descend to such low-bred methods on any account whatever ? My hus- iband will meet death willingly to save his wife from dis- ho'nor, and I say for myself that the fair fame of the country and society I represent shall never be sullied by any act of mine." She resumed her seat amid deep silence, although some of the men present would have applauded if they dared. Herondine appeared refreshed by the power of his wife's words. He straightened himself briskly, and would have spoken if the Judge had not begun to deliver the final decision of the court. "Stand forward, Sternbeard, captain of the outside guard," said the Judge ; " and you, Greenlaugh, captain of the inside guard," he continued, while two men in uniform obeyed the summons and stood near the prisoner. "The decision of the court is that this man Herondine be exe- cuted in the usual manner tomorrow at sunrise and buried an hour later; that you witness these acts according to custom and law ; and may the wise dispensations of Providence guard and promote the Confederacy. Amen ! " At the conclusion of this speech the Judge suddenly left the bench ; the loud orders of the captains resounded through the apartment ; a number of the guards surrounded Herondine to prevent escape and to set the death watch ; and the man who had previously admonished Aunt Frill suddenly came up and hustled the ladies out the side THE FIRST DEGREE. 305 entrance, giving them to understand that they could see Hero.ndine that way but lo ! the door was bolted behind them, and they found themselves in the street alone. Dismay and horror were depicted on each countenance. They could not speak, but wept silently. Aunt Frill, accompanied by Aunt Funton and Grace Herondine, moved away to regain their temporary residence and discuss the next best means of saving their friend. As stated in court, they had come into Richmond with a pass from President Lincoln and some vague hopes of being able to pay a ran- som for Herondine's life. They roomed and boarded in a private residence owned by a Southern man whose wife had been born and raised in the North and was known previ- ously to Herondine's party. Hence they found her willing to give them good treatment as well as advice. This woman told Aunt Frill privately that party feeling ran very high just then ; that people were afraid to question the methods of the government, especially any institution like this court where Herondine had been tried although, for herself, she did not know much about it ; and that the wisest thing to do was for the party to return home out of danger and trust to luck for the balance of what they expected. This recommendation did not give much encouragement ; and as the problem of relief seemed exceedingly difficult to solve, much of the day, after the return from court, was spent in bemoaning and lamenting their hard fate. In reviewing what had been done up to that time, it was easy to apprehend defeat and disaster. They had indignantly refused to entertain Danderton's proposition made to Grace Herondine on entering Richmond. On that occa- sion Danderton represented himself as the spokesman of the Southern government, invested with authority to give 306 IN THE DEPTHS OF them permission to witness Herondine's trial, but insinu- ated he would effect the prisoner's release on his own account if Grace consented to remain with him in Rich- mond while Herondine returned home. This phase Of the case appeared the worst of all, for the ladies knew that their repudiation of Danderton's proposal would entail his eter- nal enmity and ultimately seal the death of Herondine. Yet Aunt Frill's restlessness soon shaped another course. Armed with the addresses of several members of the gov- ernment, she issued from her rooms when the shades of evening were stealing solemnly over Richmond, intent on interviewing each and every one of them so as to save Herondine's life. Aunt Frill displayed wonderful energy. The fire of her eye had rekindled as in youth through the medium of her deep concern ; and the sounds of her voice were sharpened, as if the acrimony of her distress had destroyed the rich melody by which they had previously been characterized. In the twilight she passed like a shadow, or some memory of the long ago, or the conspic- uous figure in a complicated dream, whose weight left an impression not soon forgotten. She made calls late into the night. There were many who listened to her statement but averred they had no power to interfere, as the case was outside their jurisdiction. Others cheered her with the hope that Herondine would be exchanged as a prisoner of war ; but when she added that he was accused of being a spy, they shook their heads and appeared to think of him altogether in another light. When she rejoined her com- panions, there was much to speak of but little to hope for. Herondine was conveyed to his cell fully alive to the fact that his death was near at hand. He reflected a little on the possibility of his friends gaining a stay of proceedings THE FIRST DEGREE. 307 or a rehearing of his case before another court, or, perhaps, recognition as a prisoner of war; but, when his mind turned to review the unscrupulous character of Hamilton Hitch and of Danderton, he finally concluded there was no hope for him. Danderton, soon after the trial, visited his father in his private apartments. The conversation between them referred wholly to Herondine and his wife. The son appeared more exultant than the father, because the pas- sions which governed him were more vigorous, and as an individual he was more interested in the fate of the pris- oner. As a matter of fact, Hamilton Hitch always felt distressed when considering Danderton's affection for Grace Herondine, for he foresaw the futile results arising therefrom ; otherwise, the execution of Herondine would be little more to him than that of any other person in a similar situation. "Look," said Danderton, raising his finger as if to point his words. " I feel as if I could kill the woman if I had the opportunity. Don't you, pap? " "I never liked her, to begin with," said the Judge ; ''but that matter is altogether your own. I prefer hanging the man. It adds freshness to my life, especially when I can get under one of that good sort so much thought of, and raise him into the gallows. It's a sweet job, Dander- ton." Danderton was too much concerned with his own thoughts to smile at this diabolical pleasantry. *' One thing more, pap, before we part," he continued. " I am ordered to appear before the chief immediately for some new and important duty. I cannot, therefore, be present at Herondine's execution ; but will you personally 308 IN THE DEPTHS OF see his coffin lowered into the grave? I vowed to witness it myself; but as I cannot do so, on account of this extra pressure on my time, I will get you to be my substitute." After a little reflection the Judge answered : " I swear, Danderton, I shall see his coffin go down into the grave as sure as the sun rises tomorrow morning, with the hope that it will be the last act between us and those detestable Herondines. Now be satisfied, and take care of yourself." After giving a suitable adieu to his father, Danderton departed for his new field of operations, while Hamilton Hitch turned in upon his own conscience to gloat over the evil at his command and the number of the unfortunates upon whom it fell. CHAPTER XXIII. THE INNER LIFE OF A BAD MAN. ONE might imagine that, coming into power and meeting independence as heretofore described, Hamilton Hitch would reject ideas such as directed him in former times when he was a dangerous thief. This was not the fact, however. He never even dreamt of reformation, but, on the contrary, studied, as he advanced, the most subtle methods by which he could propagate his nefarious designs against his fellow-man in the line above indicated. His ruling passion, or the inner life which absorbed his whole soul, was theft. No reward or emolument, bribe, or hope of fame could turn his mind from its fascinations for one single hour. He did not commit petty thefts as on former occasions, nor engage in others of a more dan- THE FIRST DEGREE. 309 gerous character designated grand larceny; but he de- signed new means for their execution by others, arranged an organization of thieves, and contemplated future prog- ress for its members when he would have them bound by crime and directed by craft. He brought thievery down to a scientific basis. What he had seen of human life jus- tified him, perhaps, in doing this measured according to the peculiar formation of his mind and the drift of his philosophy. Everywhere he turned he found thieves or those who would be thieves had chance given them a fair opportunity. The field was extensive, the mission great. He would organize a society of thieves; teach them prin- ciples of cohesion, faithfulness, and many others found prominent in the moral code ; and to the people of this organization he would be a Christ, carrying conviction to their understandings by his unswerving fidelity to the letter of what he taught. To his knowledge, there was a criminal world permeating all else, corresponding to evil as associated or existing side by side in the same universe with good. This criminal phase of human life would never be eradicated. It had existed through all time, and would remain forever. Some individuals are born predisposed to criminality ; they become criminal as a matter of choice, love its requirements, and die thoroughly debased without having felt throughout their whole lives one genial gleam of God's beneficence. This was a part of the philosophy of Hamilton Hitch. These were some of the facts on which he reflected and for whose purposes he became an active chief in the kingdom of thievery. It will be seen from what has been written heretofore on the subject in these pages that his studies in this peculiar science were of a progressive nature and that the attain- 310 IN THE DEPTHS OF ments derived from them grew larger in proportion to the increase of his social and political power. In Omaha he did little more than plan and resolve, but here we find his organization in shape and operating with greater promise of success than the Confederacy itself. In accepting the judgeship of the court of exigency, he stipulated for cer- tain privileges. One of those was that he be accorded the power of selecting the men of his own guards. As this seemed a reasonable proposition, it was readily granted him ; but mark the result every man selected was a thief! It was the first time since his escape from the gallows that he had had a good opportunity of striking at righteousness with effect ; and, uniting his experience of years with the dark, crafty knowledge of his nature, he delivered it a tremendous blow. The guards here mentioned were two in number the first, called the outside guard, being composed of fifteen mounted men ; the second, the inside guard, made up of a similar number unmounted, or foot- men. Each guard had a leader, called a captain through courtesy ; for, be it remembered, the members, any or all of them, did not belong to the regular army, but came into existence for the special purposes here mentioned. Their duties consisted in obeying the mandates of the Judge regarding the removal or conveyance of prisoners from a distance to the court. The mounted men attended to this service, while the inside guard did the work of cooks, cooks' assistants, orderlies, gravediggers, and the necessary cleansing of the entire establishment. They received clothing, rations, and pay from the government for their public services, and a guarantee of continuous employment from the Judge for their private ones. Thus circumstances shaped the course suited to the most sanguine THE FIRST DEGREE. 311 hopes of Hamilton Hitch, and puffed him up with the proud reflection that evil was more remunerative than good and therefore more desirable. It was wonderful how actively he began the business por- trayed in his inner life when he held the law in his own hands. He formed a "lodge " with its staff of officers, its oathbound initiation ceremonies, its regular periods of meeting, and its code of by-laws. Whenever a new mem- ber was initiated, the members of the lodge wore masks. This was considered a precautionary measure, and had in it the air of mystery suited to the occasion. Every man in both guards was a member of the lodge ; indeed, none other would be employed in such capacity. In the begin- ning, when the right kind of men were not available, the organization was limited to eight or ten, but gradually increased by the application and initiation of new members. It was a curious fact that it was not necessary to be a Southern man in order to gain admission to the organiza- tion. The broad lines on which the society had been planned settled that condition. It was intended for the world at large, and therefore must have universal features. Hence Hamilton Hitch readily took strangers into service. They were from almost all parts of the world. Some of them were criminals who had escaped justice by a hair's breadth ; yet now that safety gave them a little comfort, they complied strictly with the rules made for their regula- tion. They felt themselves in the last ditch. They had found in the past the opportunity of evading the civil laws of the country, but here any divergence from the rules made by Hamilton Hitch entailed certain death ; therefore they became as obedient as good citizens for the time being. It was seldom the organization reached its full 312 IN THE DEPTHS OF complement of men. Vacancies were created by sickness and consequent retirement by deaths, and the transfer of members to other parts of the country as civilians for the formation and government of new lodges. All these oper- ations were, of course, conducted in the most secret man- ner possible, as were also all acts undertaken professionally that is, thefts. Every member of the gang was instructed to note where any chance for a petty theft or robbery became available. The case was then examined in secret by an inner circle of the lodge, and if found safe and worthy would be attempted by so many of the men as were deemed necessary to perform the work. Articles of value stolen in one city were invariably sent to a distance, so that they could not be identified when sold ; and very valuable articles were held for a long time before being offered for sale, for a similar reason. If money were captured that is, stolen by the thieves, it was divided among all mem- bers of the lodge according to the rank, standing, and efficiency of each. Hamilton Hitch attained such eminence in the society that, while sharing in its emoluments, he neither took part in the thefts nor feared implication in them if any other members happened to be accused by the law officers before the regular courts. This immunity from the responsibili- ties of crime was spread in the by-laws and emphasized with the threat of death in case it was disregarded. We heard the names of the captains of the guards men- tioned in the court when the Judge sentenced Herondine. It may be said in passing that they were Northern men. Sternbeard was a little man with no special qualification other than that he assumed to know more than his fellows. This assumption of knowledge was a kind of fanaticism THE FIRST DEGREE. 313 due to the smallness of his mind and the operation of a few facts upon it. At home he started as a quack doctor, but, feeling the insignificance of that profession, merged into plagiarism. In other words, he affixed his name to another man's work and claimed to be the author of it. To cover his theft more effectively, he selected a foreign author a French writer on a scientific subject. What was more extraordinary still, he did not know French, but employed a French-American to make the translation. Nothing but a thoroughly debased mind could sustain such a character as this. This phase of thievery is worse than robbery on the highway, because, while it is a bona fide theft, people do not often view it as such, and punishment rarely, if ever, comes to the offender. Sternbeard's adventurous spec- ulations carried him south; and, hearing of the court of exigency, he applied to the Judge for a position. When the two men came to understand each other, Sternbeard was made captain of the outside guard ; for Hamilton Hitch, who, as everybody knows, was an ignorant man, believed that it was wise to promote learning with the hope that one day it would turn to craft. This settlement of his worldly affairs gave Sternbeard an unctuous flavor. He wore a sanctimonious air, as of one who had been gifted by the gods or born religious. He had also a little spring in his step while walking, executed so as to attract the notice of the vulgar and cause them to imagine him a great man. In order that his identity should be concealed as far as possible, the name Sternbeard had been given him when he joined the guards of Hamilton Hitch This was suggested by the fact that he appeared to have gone to some trouble to grow a beard without success. Some of the leading men in the guards, seeing it, turned the exhibition into ridicule 314 IN THE DEPTHS OF by calling him Sternbeard. Notwithstanding the fact that he then and there discarded the idea of having a beard, and appeared afterwards with a shaven face, the name was accepted and held by his companions as appropriate, and he was called by no other. This method of naming men also applied to Greenlaugh, the captain of the inside guard. Of the two officers Greenlaugh was the greater villain. He had been an asso- ciate of Sternbeard in the North, and had copied some of his methods. He was larger in stature, but smaller in mind. Everything he attempted was on a small scale, for, to tell the truth, he was the nearest approach to a genuine fool that any ordinary person could meet in a lifetime. As a plagiarist he went the length of stealing an obscure pam- phlet on fishhooks and how they wound the fish that bite them. No man ever attempted authorship with a duller comprehension of its requirements and less attainments intellectually than Greenlaugh. He was flatfooted and slightly bowlegged, and walked with a sanctimonious air, as one gifted with the power of divination. When first introduced, Hamilton Hitch gazed at him pleasantly. He recognized by intuition that he had before him a man thor- oughly selfish, capable of stealing anything or everything within reach, and devoid of all feeling for his fellow- men. For these traits of character he was promoted to the position where we find him at the trial of Herondine. He acquired his name through the peculiarity of his laugh, or smile. This smile played upon his features most while he contemplated mischief. It was he who visited prisoners in their cells and by false promises of friendship endeav- ored to obtain from them facts relating to the movement of Northern troops or any information that could be used to THE FIRST DEGREE. 315 advantage *in the South or in the lodge. Greenlaugh's features were square and soft, the nose being a broad pug, the forehead low, the eyes a bluish gray, and the mouth large. Those who stood around Hamilton Hitch at the first meeting heard him dub the man " Greenlaugh, " and they all approved, because to their minds it was most appro- priate. When an applicant for admission to the society did not choose to be a member of the military organization, he received such instructions as were necessary to carry on the work of thievery in civil life wherever he had determined to organize a new lodge and run it subject to the rules from headquarters. On the night before the time appointed for Herondine's execution such an applicant made his appear- ance before Judge Hitch. It was after dark, just about the time the Judge had finished supper, when, with a full stom- ach, he was seated on the veranda in front of his rooms, where some creeping vines had formed a shade and given to the breath of night a cool and pleasant feeling. The stranger stood behind the woman of the house, who came to introduce him ; for it was customary for her to witness the Judge's meeting, when at home, with all visitors, lest some of them should prove objectionable. "Here, Judge," said the woman, stepping aside, "is one that wants you on business." She seemed to hesitate about saying " man," because the visitor was a little person who looked into every corner of the house with as much caution as if he expected to discover a skeleton in it, and shook his feet at intervals, giving the impression to his companion that he intended to get rid of them before the termination of his journey. The two men gazed at each other in wonder. There 316 IN THE DEPTHS OF appeared recognition on both sides, but each man seemed too full of past memories to speak. Finally the Judge gave the customary sign for the woman to withdraw ; and when the door closed behind her he said to the man : "What change has been wrought in you, or what has driven you here ? ' ' The little man smiled, shook his boots alternately, and answered : "This has wrought the change. It is really so." He held up before the Judge's view #. small triangular piece of metal suspended from a strip of ribbon. It was the token which, as the reader may remember, Hamilton Hitch had given Crow Whifton before leaving Omaha immediately before the war. It was the first step towards the initiation of the man into the society which the Judge afterwards formed. It was the sign that the novice had been faithful and was entitled to protection and membership. "Do you understand anything beyond this token?" said the Judge. "I do," replied Whifton confidently for it was he. " How did you procure it ? " "By study." " What element did you examine? " " The criminal element. I examined the darker shades of life and viewed that which has been through all time. I saw the other side of good to be the variety of life which some call evil. I found it a great field, and knew you were a worker in it to advantage. It is really so." " How did you know my designs? " "I read them off the mind of another man. One of the stable men in Omaha and I compared notes once, THE FIRST DEGREE. 317 and we discovered what you were and the kind of business you intended pushing in future. We had inklings enough to teach a dozen men." "You are smart, Crow Whifton. If you desire military service, I shall appoint you to a place over the heads of my two captains. I can make you major." Whifton was staggered by the magnificence of this offer. He smiled, bowed his thanks, and answered : " I must go north. I fought at Bull Run on the other side. With proper instructions I can carry out your plan in my old place at Council Bluffs." The Judge appeared well satisfied with this proposition. In turn he felt exultant that Whifton should come so near the interpretation of his pet project without the delay incident to the use of an extra word. "I'll endow you with full powers this very night," he said. "You must appear immediately before the masked lodge." The Judge arose hastily to give instructions to his men in order that the necessary preparation be made for the initiation of a new member. When he returned, he had the woman in attendance carrying some light refreshment. It could be seen he had been moved to this liberality by some powerful motive the one that had appealed to the secret working of his inner life; and, besides, every fiber of his person seemed touched to harmonize with his fondest expectations in that his society was multiplying almost beyond belief. After some minutes spent in social entertainment the Judge conducted Whifton to the anteroom adjoining the masked lodge, where he gave him in charge to the outside doorkeeper, while he, the Judge, disappeared so as to pre- 318 IN THE DEPTHS OF pare the lodge for Whifton's reception. The outside doorkeeper introduced Whifton to the inside doorkeeper, who in turn presented him to the lodge; and thus he found himself in one of the strangest situations of his life. The apartment was well lighted and commodious. Military accouterments hung on the walls. The officers of the lodge wore badges, each having been also provided with a writing desk, while the man who presided had his seat on a platform in the east end of the room. Although no coward, Whifton was shocked on beholding all the members pres- ent behind black masks. This feeling was aggravated when they began to move and speak. After a number of ceremonies had been performed and a series of admonitions delivered to Whifton regarding his future conduct, the presiding officer asked what testimony was there to show that this man was worthy to receive the first degree of the lodge. Immediately a door opened near the platform of the president and some one in a superior lodge dress appeared and said : "I, the unknown and the gifted one, say the man is worthy." On hearing this, all the members rose to their feet and remained standing, as they understood this to be the oracle and master. It was the Judge. Then the president continued: " Crow Whifton, the highest testimony known to us has been given in your behalf. We consider you henceforth endowed with the first degree of this institution, a worthy brother and colaborer in the field defined by our great chief, and may your enemies perish wherever they appear. ' ' THE FIRST DEGREE. 319 At the conclusion of this speech the Judge retired and the lodge resumed its normal appearance. The president again said : " Vice-president, conduct our newly made brother to the inner circle, where he will make his request and receive the evidence of the power in the keeping of our chief." Whifton was led through the door where the Judge had recently appeared, and instructed by his guide to make any request he wished as a memento, or remembrance, of his initiation. "What is it you desire?" asked the Judge, who, as a kind of high priest of the proceedings, remained masked and clothed as he had appeared recently before the lodge. Whifton felt dazed for an instant, like some poor wight who had suddenly come into the possession of a large for- tune. It seemed incredible that the possibility of what he wished to ask was within his reach. In a voice that trem- bled with emotion he said : " I demand the release of Herondine ! " As if a thunderclap had struck the house the Judge gave an exclamation of surprise. It resembled the groan of a man robbed of his money. "Herondine belongs to the Confederacy," said the Judge. " This is why the exercise of your power will be made more conspicuous," returned Whifton. "But I never reprieve. They call him who sentenced Herondine 'Judge Neverfail.' What you ask is too im- mense." " You will not attempt to obstruct what you have worked so hard to establish? " said Whifton, growing more confi- dent in the belief of his ultimate success. " The rules and 320 IN THE DEPTHS OF conditions laid down for our guidance in the society must be observed to the letter by you as well as by us ; otherwise your commission ain't worth smoke. What is the Confed- erate government to you compared with the beauty and glory of your darling project? " Here again the Judge moved uneasily in his seat and whimpered as if his soul was held in some mysterious iron grasp. "Have it out," continued Whifton. "Let your pet scheme mature to the full extent ; then it will mean some- thing. The men who lead, as well as those who follow, will understand it is no half measure, but the ideal of the thief made reality. We care not for life or death. It is the sunshine of the heart that makes existence endurable. This sunshine in some is darkness which is a paradox, while with others it may be the instinct of committing crime. Herondine is a mere point that must not be held to retard the business of the society for an instant of time. You have power to release him. The demand is made under the most secret as well as the most sacred of seals that of united brotherhood and you know it cannot be denied." Whifton ceased, and the Judge became absorbed in pro- found reflection. Good and evil stood face to face. It was a passage at arms with the life of Herondine as the stake. Whatever power was claimed by the one, or self- confidence by the other, they were here for a battle to a finish. Evil, as represented by Hamilton Hitch, appeared to have the upper hand ; yet when the difficulty between the two came to be examined logically, the pleasant light of good began to appear to the discomfiture of its oppo- nent, like the dawn above the mountain top in the face of THE FIRST DEGREE. 321 night. The little man Whifton made a simple motion in behalf of good, and the whole institution of the other side trembled to its center. All the security of composure calculated on by the chief availed not when a plea for rec- titude came up for consideration. He found his position untenable, his reasons flimsy pretenses, and a coil of anxi- ety winding round his affairs, threatening disastrous conse- quences. " There is a difficulty impossible to surmount," resumed the Judge, " in Herondine's case. I pledged my word to the detective bureau that I would witness the lowering of his coffin into the grave tomorrow morning, and I cannot withdraw my promise." "That can be easily met," returned Whifton. "The coffin intended for Herondine can be carried to the grave and buried, but he need not be in it don't you see? " "Ah, Whifton, you should be major here," said the Judge, with a long-drawn sigh. "You have defeated me on my own ground, but I admire you all the same." After the adjournment of the lodge, Whifton's plan for Herondine's release became known to the members of it, and preparations were made by the outside guard to escort him through the Confederate lines. CHAPTER XXIV. A PECULIAR NIGHT BIRD. IT was late in the night when Aunt Frill and her com- panions lost hope of Herondine gaining his liberty. As intimated in a previous chapter, they had settled down to the indulgence of extreme grief when it became under- 322 IN THE DEPTHS OF stood that no one to whom application had been made was willing to undertake the pleading of so complicated a case as his lest the intercessor should invoke unforeseen trouble on himself. To avoid attracting undue attention while mourning for the fate of their dear relative, the lights were extinguished in the sitting room and the ladies congre- gated in the recess of a large bay window overlooking one of the streets of the city. Aunt Frill, although imbued with as deep sorrow as Grace Herondine or Aunt Fun ton, yet out of curiosity peered into the night and listened to its combination of sounds. From the distance deep-toned noises came to the ears, varied and startling, as if heavy cannon were jolted against the earth and great wagons laden with material were rolled over the macadamized roads. At intervals there were heard lesser sounds the tread of troops of horse, the hammer- ing of workmen on wooden structures, or the accidental jar of two substances in collision. Aunt Frill knew what these meant the building of fortifications around Rich- mond. On the street in their immediate vicinity, the stream of pedestrians had grown gradually less as the night advanced, like the thinning out of leaves from the trees by the first blasts of autumn winds. It was singular how this decreasing of individuals on the sidewalks seemed to follow a universal law. At the midnight hour the moving mass had disappeared, but, strange to say, a new phase of human life was just beginning to exhibit itself. Here and there could be detected a listless wanderer whose direction and aim seemed purposeless. Some of these strollers had been ejected from saloons in such a maudlin condition as to be unable to determine where they were going ; others seemed intent on seeking an open hostelry as a substitute for the THE FIRST DEGREE. 323 place just left, in the hope of meeting some boon compan- ion and continuing their carousal ; while a third class found comfort or heart solace in the shadow of the tall buildings of obscure streets where narrow lanes and alleys abounded, dyed black in the darkness of night, in the absence of their fellow-men, in the silence and irresponsibility of their sur- roundings, and in the reflection, ignorantly foolish in itself, that God was not there. Aunt Frill also knew that these unfortunates had been called "night birds," and that they were not inhabitants of any one particular city, but could be detected everywhere on the face of the earth where large congregations of people resided with or without civ- ilization. While cogitating on this curious fact, Aunt Frill saw two horsemen ride suddenly into view. They appeared to be bearers of important news, and to follow the custom of army men by their fearless demeanor, quick movements, and nonchalant air, for their faces were turned towards each other as if they were engaged in conversation. These minute details had no more than taken possession of her mind when she experienced a genuine surprise. The horsemen pulled up in front of the house ! One of the men, dismounting, threw his bridle reins to his companion and proceeded to pull off his gloves, or gauntlets, such as troopers wear. Aunt Frill could perceive that he was quite a small man, and muffled so as to conceal his features. Irresistibly the sentence flashed through her thoughts, "This is a peculiar night bird"; but she arose in much agitation, telling her companions that messengers were before the front door, possibly carrying some news of Herondine. This revelation caused a general disturbance among the ladies, for it was the last incident they expected 324 IN THE DEPTHS OF to occur of all probable or possible. Hearing a knocking on the street door, Aunt Frill threw up the window and inquired the purport of the visit and the purpose of the visitor. " Is there a lady here with two aunts? " said the man. "Yes," answered Aunt Frill, " Mrs. Grace Herondine." The trooper raised his hand as a signal of silence, saying as he did so : " Please, madam, don't mention names. However, it will save further questioning. It is really so. Tell the lady to step forward.' Aunt Frill retired and Grace Herondine appeared at the window. The little trooper held some papers in his hand, but with the other he drew the muffling closer around his neck and seemed to hesitate before he began to speak. No doubt the form of the beautiful lady drove him into a sur- prise from which he could not instantaneously recover. His voice, too, trembled as he said in low tones : "A friend of your husband, and, I may say, of yours, has appeared here within the last few hours and taken a great interest in his case." " Oh, it is the President in Washington that has sent one!" said Grace Herondine hastily; but as the man shook his head to indicate his dissent from the truth of that proposition, she continued, "or, perhaps, the commanding general of the Northern army or some of the men whom my aunt has seen today." The little visitor seemed distressed by this speech. He muttered some incoherent words that none of the listeners understood. He spoke to his own heart thus: "Oh, why did I come so near to her and have a part of my beautiful dream dispelled ! " Then he resumed his conversation. THE FIRST DEGREE. 325 " The person is a stranger to you, madam, and probably ever will be. Our time is limited : listen to what I have to say. Your husband's release is assured; the why and the wherefore may be determined hereafter. It is not that he will be aided in making his escape, but that he will be given unconditional liberty and an escort to convey him beyond the lines of the Confederate army around Rich- mond. Notwithstanding all this, madam, the utmost caution is necessary so that this generous act may not mis- carry or be diverted from its first purpose. Therefore pro- cure a conveyance at once to carry you and your friends to the point indicated in this note written by your husband." Grace seized the note, and, stepping backward to a light which had just been procured by Aunt Frill, recognized Herondine's writing. In this communication she was requested to repair without delay to a certain village, where he would join her and from which they could travel home- ward in safety. As Grace returned to the window to thank the messenger, she was handed another paper. "It is a pass," said the little man. "I understand," he continued, " that the owner of this house where you are rooming has a rig that will carry you and your people through the lines. This seems all there is to do." He hesitated an instant as if about to add something more ; and Grace, on her part, was going to make further inquiry regarding the generous liberator of her husband, but said to herself, "Alton B. will know." She merely repeated aloud to the trooper : "Thank you." In an instant the little man regained his saddle, turned his horse's head in the direction whence he had come, and rode off in a lope accompanied by his companion. 326 IN' THE DEPTHS OF Then there began hurried preparations for departure in the apartments occupied by Herondine's friends. They were so overwhelmed with joy that they spoke and acted like crazy folks. They giggled, laughed hysterically, and screamed in suppressed voices. Aunt Frill, who at inter- vals enjoined caution, was affected as much as Grace Herondine or Aunt Funton, but, notwithstanding, she attended carefully to every detail essential to the important occasion. In half an hour the party was ready and started under the guidance of the Southern man with the Northern wife, who had acquired full assurance that the movement was in every way legitimate. It will be readily understood by the intelligent reader that the little trooper who carried the important message to Grace Herondine was no other than Crow Whifton. Through his interference the two guards under the com- mand of Hamilton Hitch were ordered to perform extra duty that night so as to effect the liberation of Herondine before daybreak. The undertaking was difficult and tedi- ous; but Whifton, the hero of the hour, worked with uncommon energy, infusing his spirit also into his compan- ions for the same purpose. To secure the faith of the ladies in the plan he saw it would be necessary to have a note in Herondine's handwriting, and hence he deputized Greenlaugh to procure it for him. Greenlaugh waited on Herondine with the air of one who had been a special friend all his lifetime. "My dear sir," he said on entering the cell where the prisoner was confined, "we would never permit you to suffer. The Judge has the reputation of being cruel, but you will now understand how liberal he is. He has just ordered your release. On the request of a friend, he read- THE FIRST DEGREE. 327 ily consented to let you go. We are all glad of it, and propose to escort you beyond the city tonight. Write, therefore, a few lines to your wife, giving the necessary information where to meet you, and we shall deliver the note to her without delay. Of course, you understand we all must do things very quietly, on account of the unfortu- nate condition of the country." Herondine could scarcely believe the tidings true. He wrote the lines asked for, however, knowing there was no compromise in so doing, and prepared for departure when his keepers deemed the time propitious. "To whom am I indebted for this generous act?" he inquired; for he felt, no matter what his character, he would reward without stint the man instrumental in deliv- ering him from death. Greenlaugh smiled, but did not answer directly. In addition to his other accomplishments, he was a great liar a fault which no amount of exposure was ever able to amend. "It is not known who the friend was," he replied. " We all had a hand in it, because we hated to see you pass in your checks so soon." " What a generous crowd you are! " said Herondine in a burst of enthusiasm. " Now that you remind me of the fact, I have remarked the orderly and good-natured behav- ior of the men in this establishment. They are all gray- haired, too, showing benevolence and sanctity above the average military man." "Oh, my dear sir!" returned Greenlaugh, bubbling with suppressed laughter, " you have no idea of their vir- tues. I could easily spend hours at a time recounting instances of the goodness of heart existing among them. 328 /A r THE DEPTHS OF It is a thing worth remembering they even go the length of sharing each other's gains." At the conclusion of this significant eulogy Greenlaugh bowed himself out of the cell, leaving Herondine under the impression that the captain of the inside guard was one of the most pleasant and honorable men on either side of Dixie's line. It was then that Whifton, accompanied by Greenlaugh, visited Grace Herondine and arranged for her transit through the city. This done, as already recounted, he summoned the detail of mounted men designed to accompany Herondine. In order to prevent officious questions from detaining them on suspicion of the real intent of their march, Whifton had a blouse and hat of one of the guards con- veyed to Herondine with instructions to wear them and appear as if he belonged to the troop, as Whifton himself had done. Greenlaugh was selected to command; and, the Judge having furnished the necessary papers which authorized this body of local cavalry to travel wherever their commanding officer pleased, Herondine, mounted on a spirited animal, started with them through the darkness on his way to liberty. On the march the men rode two abreast, Greenlaugh being on the left of the front file, where Herondine had been placed, while Whifton made up the single file in the rear, closely muffled so as to conceal his identity. Thus Herondine and Greenlaugh had ample opportunity of conversing on leading questions of the times, leaving Whifton to commune with his own thoughts on the past and future. All these features of the journey had been prearranged, Whifton desiring on his part abso- lute immunity from recognition. Herondine, therefore, did not know of him whether he had been long with the THE FIRST DEGREE. 329 troop or a mere stranger, or that such a man as Crow Whifton existed, although, doubtless, he observed the strange appearance of the single file in the rear. This singular reticence and love of being apart from social intercourse with his fellow-men made Whifton's thoughts valuable, because he reasoned not for opinion's sake but for the purpose of discovering the whole truth. This method, trifling as it appeared, gave him immense power. When, in Washington, he had heard of Heron- dine's capture, he compared the fact with some information he had obtained from the stable man of Omaha, now wounded in the hospital, concerning Hamilton Hitch. This man, the hostler, was a novice in thievery (for he had been approached by Hitch), and understood that Whifton was serving a similar term under the tutelage of the man just named, because he had seen them together during the balmy days before the war. Through this source Whif- ton discovered that Herondine would be tried as a spy by the very man from whom no mercy could be expected. It was then he became meditative, as seen in the hospital at Washington, and in due time came to the conclusion that he could rescue Herondine single-handed if such jurisdic- tion as reported secretly to him had been given Hamilton Hitch. During this period he clutched the triangular badge as a thing of value. It was the symbol of mysteri- ous brotherhood existing between them, and would prove itself at the proper moment. If it had been given him as a sign of membership in a gang such as Hamilton Hitch loved all his lifetime, was it likely that the Judge would turn aside now from his ruling passion just on account of his position and surroundings? Oh, no, no! Whifton knew better, even though he had been but a dealer in trifles. 330 IN THE DEPTHS OF Therefore, reasoning up to this point, he determined on going to Richmond, satisfied he could save Herondine. There was another question to be considered indeed, the most important of all. Whifton was really an honest man : how, then, could he become an organized thief and be still honest ? He would sacrifice himself, he said men- tally, for her sake his secret love. If she were happy, of what consequence was it whether he was within or with- out the ban of the law? Whatever transpired, the reten- tion of his ideal love was a certainty. Besides, there was no other method possible by which Herondine could be saved; and, what was also singular, with none other than a thoroughly corrupt judge, villainous in the extreme, could this be done. Thus, although committed to evil through the force of circumstances, he would achieve an immense amount of good ; that is, he espoused evil to win good, inadvertently stumbling on the far-famed theory that "The end justifies the means." He did not question whether the good gained would be sufficient in the estima- tion of the Supreme Power to cancel the evil and leave a balance of good to the credit of the operator, because he knew not how the Supreme Power would judge him ; but his heart and his spirit urged him to the performance of the noble deed at any price or at any cost. His method would doubtless be condemned by his fellow-men. He was more or less, on his own part, terrorized by the easy transition from theory such as came to him in Council Bluffs to the reality of the first degree in crime in the lodge at Richmond, with its secret purposes, its brotherhood sworn to be faithful to each other at the expense of the people at large, and its stamp of eternal exclusion from that liberty of soul which every good man loves to possess ; THE FIRST DEGREE. 331 yet, when he turned to the secret motive that guided him, all appeared well. Having secured the main facts or essential truths, as they might be called regarding the case of Herondine and his judge, the remaining details were easy of accomplishment. He procured a settlement of his account from the War Department; the good President Lincoln gave him a pass through the Northern lines ; and as a civilian at large he made his way to Richmond. With his peddling propensities and knowledge of human nature, he soon found where Herondine was confined and the outward character of Judge Neverfail. We know what followed. Whifton now felt like the hero of a great battle ; his designs were coming to a close crowned with unexampled success. From the moment he stood in the doorway of Judge Hitch's chambers everything went his own way. There were opposition and contention, but for him there resulted no failure. Like what may be written of Michael, he had the power of good to assist him at the same time that he knew the vulnerable parts of his archenemy. It will not be difficult to understand this condition of success when we reflect that what Whifton had assumed to be true was really so, and hence when he came to conclusions he found them correct. The exultation of spirit which forced itself upon him as he rode on this eventful night in Heron- dine's escort was something awful. He was like one en- tranced by a celestial vision which erased everything from the memory but joy. Instinctively he recognized the beings in front of him, but his inner self was the custodian of his thoughts and the only witness of his happiness. How he chuckled behind the mask of his high coat collar and the deep darkness of night, free from the obtrusive gaze of the heartless boor and the sneer of the idiot ! 332 IN THE DEPTHS OF The escort was challenged several times while en route to its destination ; but the smiling countenance of Green- laugh, backed by the authority vested in him, removed every barrier and silenced the clatter of every questioning tongue. It was the last hour of the night when the troop came to the appointed place of meeting. The darkness had become deeper than before, as if it had concentrated itself for the purpose of holding further sway over the domain of space then in its possession, irrespective of the claims of any disputant. Greenlaugh, having been posted in regard to the identity of the house where Herondine's friends were waiting, halted his men before a handsome residence which, notwithstanding the unseasonable hour, had a light in each of the front windows. The captain, dis- mounting, advanced and tapped lightly on the door, which was immediately opened, revealing the forms of three ladies in the hall light within. Greenlaugh, after a few words of introduction, wheeled round, and, drawing his sword, which is customary when an officer gives a command, said : " Le Count Herondine, dismount, advance." Then the soldierly figure of Herondine was seen issuing from the gloom into the light. The captain stepped aside ; and Grace Herondine, coming from the hall of the domi- cile, received her husband in her arms. There was a wild and passionate ecstasy exhibited by these two people which the good only are destined to enjoy. The cup of their happiness was full to overflowing. Having tasted the bitterness of adversity, they had come to the understanding of the nature of true bliss. Every one present, even the restless Greenlaugh, feared to move lest the joy of these two loving hearts should be disturbed by the slightest interruption. Whifton's dimin- THE FIRST DEGREE. 333 utive form, as it appeared in the darkness, resembled that of a minor god. There was a majestic air connected with it, due to internal light, as if the mind had become pos- sessed of some golden achievement unseen by human eye, but far-reaching in its power to entrance with acute glad- ness the sensibilities of man. Notwithstanding the gravity of his demeanor, the curves bounding the outline of his person showed one in deep sympathy with the principal actors of the scene. Every movement made by the hus- band and wife was scrutinized by him with the keenest earnestness ; but when he witnessed their embrace and un- bounded gratification, great tears rolled down his cheeks, which the obscurity of the situation fortunately hid from view. He, Whifton, had won for his love that which she desired most. Therefore he had made her most happy. The price paid for his own sacrifice was here given up. His reward was on hand that consciousness of magnanim- ity which in life nothing can destroy. The terms of the contract with his heart on the one side and his conscience on the other were ratified, and the greatest act of his life Avas finished. Henceforth reflection would multiply his joy until he became like a divine person, happy in a world of unhappiness. Even the gloom which at that moment encompassed him seemed fringed with purple and azure associated with bursts of brilliant light more fascinating to the vision than day. He imagined he discerned long avenues of picturesque scenery, with glimpses of pale luster beyond, and bright colors lining the hillsides and highways to perfect a. view that none but the great of soul can ever behold. Herondine, after entering the house, returned immedi- ately, and, addressing Greenlaugh, thanked him and 334 IN THE DEPTHS OF through him the men in a neat speech. He then handed the captain a purse of money as a souvenir of his good will, to be distributed among them ; and added, if Green- laugh ever desired service in the North, he, Herondine, would most certainly secure it for him. Shortly after he had ceased speaking, a vehicle resem- bling a stagecoach came up to the front door, into which Herondine, his wife, and his aunts were handed. Then the driver, seizing the reins, cracked his whip, which was the signal for departure, called alternately the names of his horses; and springing into the road in response to the appeal, the spirited animals moved away at a gallop. Whifton returned to Richmond with the troop so as to obtain full instructions in regard to his new duties at Council Bluffs ; for he had determined on engaging again in business at that thriving point, being fully satisfied also that a three-months' campaign ending in a great battle, of which he had been a participant, was sufficient warfare for a little man of his physical capabilities. The sun had not yet risen when Greenlaugh's command returned to quarters. Shortly afterwards a bell was heard tolling a funeral knell Whifton knew this was designed to represent the burial of Herondine. From a convenient place he witnessed the mock procession, and, looking up, saw Hamilton Hitch in a morning gown gazing from a window as Herondine's coffin was lowered into the grave. Before noon of the same day Whifton received his final instructions regarding the organization of a lodge of thieves in the vicinity of Council Bluffs. As a mark of distinction, Whifton need not personally participate in the acts performed by the other members, but judge and direct them like the chief at Richmond. Then the little trooper, THE FIRST DEGREE. 335 resigning his horse and uniform for the less gaudy habili- ments of a civilian, journeyed homeward, verifying Aunt Frill's idea that, either from a good or a bad standpoint, he was "a peculiar night bird." CHAPTER XXV. A SPIRIT THAT RESPONDED. IT was singular Furflew's adventures were as exciting and dangerous in his new field of operations as those of Herondine just related. Ordered to Saint Louis from Washington with the reputation of being an experienced and reliable spy, he was assigned to a hazardous duty con- nected with the military operations then in progress in Missouri. While he had Herondine as a guide and ventril- oquism as a stock in trade, Furflew had been comparatively safe in the past; but now, when thrown wholly on his own resources, where the employment of sound judgment was an absolute necessity, he became restive under the self- consciousness of insecurity which his surroundings entailed. Besides, the detective force on the side of the South had gained a description of him through the sharp practice of Danderton Hitch. On this account he feared to renew the demonstrations of his favorite arts, but, instead, dressed to represent a traveling agent, easily seen to be spurious. On the third day after passing through the Confederate lines he was captured and his true character ascertained. The position of the Confederates being uncertain in Missouri at that time, it was determined to settle all trivial cases like Furflew's with the utmost dispatch; therefore he was led out to be hung to the nearest tree in the vicinity of the 336 IN THE DEPTHS OF cantonment. On this occasion there was some show of merriment at his expense, one of the men asking him in a jeering way why he had not selected a profession less liable to elevate a body. To this and other questions of a simi- lar kind Furflew made no reply. He had made up his mind that his last hour on earth had come, and hence it seemed immaterial to him whether his captors took excep- tion to his silence or otherwise. As a solace to his mind he began reviewing his own life and calculating what he might have been if he had followed some other course. This gave him a little comfort, for the ideal carried with it atoms of consolation for distress far beyond the power of the real to produce. He thought of Herondine, of his cleverness, his patriotism, and the loss his death would bring .to the ranks of the detective forces of the North. These reflections accompanied the preparations going on for his execution. It is possible his peculiar thoughts were evoked through that means. He saw the rope with a noose, the barrel upon which he was to stand, and the tree from whose stout limb he would end his career on earth. Nay, he mounted the barrel; the rope was placed around his neck ; his hands were tied behind his back ; and the execu- tioner was about to secure the other end of the rope to the tree, judging the proper distance, when a man in the crowd made a movement demanding a little delay, as if he had not been fully satisfied of the guilt of the accused. The question was then propounded for Furflew : " Have you any friend that would volunteer to say a word in your behalf? " Furflew started as if awakened from a dream. His mind flew to several persons in succession, but as quickly did he turn away from them, concluding that the mention of their THE FIRST DEGREE. 337 names could not serve him in the present emergency. He thought of his wife, from whom he had divorced himself. Perhaps she had come west and would influence the persons concerned in his present difficulties so as to induce them to set him at liberty ; but when he fixed his thoughts on her as a possible companion in the future, he raised his eyes to heaven and prayed, ' O God, if she is coming, let me go out by way of the rope!" He thought also of Saracen Gay and Flappins; but he remembered when he quitted Washington these Southern friends of his were in that city, and he was afraid to mention them lest on investigation his captors might become acquainted with his real character. Seeing the quandary in which Furflew was involved, the executioner shook the rope, thinking that additional fear might possibly aid him in finding an answer. This rude method of calculation seemed to produce good results, for presently Furflew raised his head and replied : "The one man on earth who ever gave me an insight into human power was Rob Riddleton. If he were here, he would speak for me, you bet." Immediately on hearing these words every countenance changed expression, and, for the matter of that, every tongue repeated the words, ' ' Rob Riddleton ! ' ' with the utmost surprise. These were trivial incidents, however, compared with what then transpired, as if the spirit of Rob Riddleton had responded to the call There was seen coming into camp a horseman dashing along at full gallop. Furflew had seen that horseman once before, coursing between the lines on the morning of the battle of Bull Run, and his mouth opened in wonder, and his heart pal- pitated with expectation far beyond that exercised by the knowledge of the approach of death. Every head turned 338 AV 7^HE DEPTHS OF to behold the newcomer, for he was a gallant-looking man on the back of as fine a horse as could be seen among ten thousand. There was a brilliant luster in his eyes and a bloom upon his cheeks that a drawing-room beauty might envy. Some of the men, taking off their caps, shouted, "Welcome, Rob Riddleton ! " It appears he was well known to them as a Confederate scout ; and on this occa- sion there was nothing to make them doubt it, for he was. dressed in the full uniform of one. "What have we here, Captain," he said, after pulling up in front of the condemned man ; and without waiting for an answer continued: "Why, bless my soul! it is Fur- flew, one of my men. How near you came, Captain, to the commission of a grave mistake ! I heard of this little affair a short time since, and came prepared." Here Rob Riddleton pulled a document from his breast and handed it to the man in charge. It was an order for the release of Furflew signed by the Southern general com- manding in Missouri. The captain of the detachment, feeling himself actually in error, was not slow in setting his prisoner at liberty, with many excuses to the scout lest he should make an unfavorable report of him to the general. Riddleton assured him there would be no further words on the subject by him, and, pleasantly bidding the men good- bye, leisurely rode out of camp accompanied by Furflew. When a short distance from view the man was invited to a seat behind his new chief, and in this manner was con- veyed to the nearest hamlet, where a horse was procured for him and the journey resumed. All these movements were made with the utmost caution and expedition. As will be remembered, Rob Riddleton was playing a dual part. He was one of the chiefs of the secret service in THE FIRST DEGREE. 339 Saint Louis in the interests of the North, as Herondine was at Washington ; but, unlike Herondine, he took extraor- dinary chances and boldly assumed the garb of a Confed- erate scout when it suited his purpose. On the occasion here related, he was absent when Furflew was assigned to duty. On being informed of the detail, however, when he returned, he saw in an instant that the man would lose his life on account of the nature of the duty if he did not send him aid at once. He concluded in this manner because he knew Furflew's capacity ; and in his judgment his mission would be a failure with the loss of a man. The wonderful intrepidity of Riddleton, however, would not permit him to acknowledge the defeat of his bureau. He took the case in hand regardless of danger to his own life, and trav- eled in true scout fashion until he actually carried Furflew off from the gallows. The general's order was bogus. Notwithstanding his success, Rob knew instinctively that he could practice acts of this kind only at long intervals, and even then with considerable risk ; for the detectives of the Confederacy were active, efficient, and painstaking. It was true many regiments of the Southern army knew him as a Confederate scout, but the most trivial circum- stance might at any time reveal his true character and deliver him into the hands of his enemies. It was well that he took the precaution of beating a hasty retreat from the cantonment above mentioned, else he would have been captured in camp. What led up to this contingency will be seen presently. The secret service bureau of the South entertained doubts as to the genuine character of Rob Riddleton. Indeed, there were reasons and reports offered to show that, not- withstanding the fact that some Confederate generals con- 340 IN THE DEPTHS OF sidered him "safe" and "true," he was an emissary of the enemy. Hence he had long been marked among the suspects, and strict orders had been given several men of the department to dog his footsteps with the ulterior pur- pose of arriving at the truth in his case. When Danderton Hitch reported the capture of Heron- dine, it was seen he was an adept in detective work. It was conjectured also that his services as a whole had been so valuable he would undoubtedly be promoted to the line of the army with the rank of brigadier general. As an inducement to hasten this desirable end, it was thought wise to commit into his hands the management of the Riddleton problem. With this understanding, he was hastily ordered to change station and look out for his sup- posed Northern rival. In the field of his new duties the first news that reached Danderton was the secret report of the capture of Furflew, to which had been added a description of the man. The mention of Furflew's broken nose brought to Danderton's mind all the train of incidents connected with his own detective service in which the spy had figured, and his gratification and curiosity became so intense that he deter- mined on seeing him dead or alive. With this idea in view, he mounted his horse and rode direct for the canton ment where Furflew was detained, on the same day that Rob Riddleton directed a similar journey. Thus by a series of curious circumstances two of the foremost scouts connected with the civil war were brought together as i! it had been designed to test their strength and capacity by a hand-to-hand struggle. It was not more than an hour after the disappearance of Riddleton and Furflew until Danderton came into camp. He was accompanied by a THE FIRST DEGREE. 341 posse of three men well mounted and therefore prepared to carry out his design without asking for further aid. On hearing that Riddleton had carried Furflew off he grew joyous beyond description. He made no comment on the action of the captain in charge, but merely asked to see the order on which the late prisoner had been released. Sat- isfied with his inspection, and learning the direction taken by the fugitives, he at once spurred his horse into full pur- suit, directing his men at the same time to follow with equal speed. At the village where Rob Riddleton had procured a horse for Furflew Danderton received further information of those for whom he was in quest. They were only twenty minutes ahead. This fact showed he had gained on the party on account of the delay, or slow motion, made by it from the camp to the hamlet. Dan- derton was further informed, however, that the men were well mounted and had left in haste as if aware of the pur- suit. Inspired by his success, Danderton grew wild with enthusiasm. He laughed hysterically while tightening his saddle girths, spoke in a hurried manner to his compan- ions, instructing them meantime in regard to their conduct in the anticipated conflict; "for," said he, while spring- ing into his saddle, "the game is located." Then he let the reins rest on his horse's neck and urged him to full speed. The clatter of hoofs on the road accompanied by a cloud of dust told conclusively that his assistants under- stood what was required of them and were fully equal to the "occasion. Returning again to Rob Riddleton and Furflew, we find, after leaving the village, the chief admonishing the man of the necessity of steadiness in the saddle and swift- ness of pace. There were fully twenty miles to be covered 342 IN THE DEPTHS OF before reaching anything affording safety, and it was pos- sible Rob's bold achievement might be discovered in the meantime and proceedings be instituted looking towards his arrest. As for Furflew, he no longer possessed any sense of fear. His idol was by his side, and therefore it would be profa- nation to doubt his power in any extremity. Was he not the spirit that responded so promptly to his call when on eternity's brink? No other than Rob Riddleton could have performed such a wonderful act. It seemed like romance or impossibility. The glamour which encom- passed Furflew's soul while witnessing this last achievement promised to remain with him forever. First, it made him dream in ecstasy, then voluble and high-spirited as if he had become the proud possessor of half the world. He raved about Rob, told him of Herondine's capture, of Saracen Gay, and what splendid success that invariably followed the exercise of ventriloquism, hypnotism, and trick of the loop. While laughing at Furflew's quaint humor, Riddleton looked over his shoulder along a curve of the road on which they had just passed, and behold ! at the extremity of it, distant about two miles, he saw a dark mass coming his way. Suddenly he became grave, gazing more intently at this suspicious object. Gradually its true nature was revealed. It consisted of a small body of horsemen riding at full gallop, evidently charged with some important mis- sion. "Ah ! " said Riddleton, half aloud, "they are pur- suers, and we're the pursued!" Then he glanced at his horse, patted him on the neck lovingly, gathered up the slack parts of the bridle reins, and, saying to Furflew, " Come," bent to the distance before him like a streak of THE FIRST DEGREE. 343 lightning. In vain Furflew attempted to keep in his com- pany. After riding half a mile Rob came to the conclusion he must either abandon the man or drop into the slow movement of his horse and share his fate. This was a very unfortunate predicament. Rob's own swift steed could easily distance any animal on the road and carry him safely to his destination ; but if he took advantage of these noble traits of his horse, the object of his expedition would end in failure and for the first time in this war he would be obliged to acknowledge defeat. Riddleton could not brook such disastrous conditions. He would, he thought, carry his designs through to successful completion or die in the attempt. Arriving at this conclusion, he wheeled his horse to the right-about, galloped towards his pursuers, and urged Furflew to greater expedition. In order to make the man understand the situation, he said, " The Rebs are on our track "; and, pointing in the direction of the approaching horsemen, he continued, " They are right here!" Furflew whipped his horse into greater speed. While he grew troubled as a consequence of hearing such unfavor- able news, yet he did not lose faith in the power of his guide. Smiling through his excitement, he answered : "You're worth a score of 'em. You can lay 'em out by the dozen, and don't you forget it." It was at this time they approached a crisis. A short distance ahead was a house whose appearance indicated that 'it was devoted to the business of refreshing travelers. All parties viewed it with eager eyes. Danderton had gradually lessened the distance between him and the Riddleton party. He could behold the situation as his enemy reached the vicinity of the house; and fearing lest aid might be furnished 344 IN THE DEPTHS OF him for Missouri was not then known to belong to either North or South he raised a rifle which had been secured to the pommel of his saddle, aimed, and fared. Although fully half a mile away, Riddleton's horse was seen to fall, and his rider roll in the dust. "We've got him," shouted Danderton, as he slackened the pace of his horse so as to receive the congratulations of his companions, who, besides according him well-merited praise, cheered lustily. When Rob Riddleton's horse fell he was within a hun- dred feet of the house above mentioned. Rob was unhurt, and, after a brief acquaintance with the soft dust of the public highway, arose and ran forward vigorously. He did this so as to direct Furflew how to act without the delay of an instant, for he saw something that might probably render them assistance. It was a two-horse team standing in front of the hotel, harnessed to a light ambulance, and owned, no doubt, by a person refreshing himself in the wayside caravansary. Without a moment's hesitation he motioned Furflew to take the team. This order was promptly obeyed, Furflew jumping on to the box seat while Rob took posses- sion of the center of the conveyance. What was their astonishment and dismay on finding, while attempting to drive, that the horses would not move. They were a pair of balky animals just abandoned so as to give them time to get rid of their irritability. At the door of the hostelry stood the owner of the vehicle smiling at the discomfiture of the men, and in no way angry at their conduct, for he was well aware they could not drive off. Furflew whipped the animals to no purpose ; but Rob, turning to the man at the door, said, "I'll settle for this rig hereafter"; and the person addressed, still holding to his first opinion, that the THE FIRST DEGREE. 345 aforesaid rig could not be moved, nodded an assent. Then Rob seized the reins and began the whistling of a melodi- ous tune that attracted every ear and soothed every living individuality within its range. It was loud without harsh- ness, exceedingly rich in tone like the exquisite note of the blackbird, and rolled into symphonies one after the other until the listeners were charmed even into laughter. The time, place, and the danger threatening them seemed only to add to its fascination. The musical sounds rose and fell on the atmosphere with a sweet cadence never heard previ- ously in that neighborhood; and if it were not known to a certainty that Riddleton was the operator, the men who listened would have imagined the music had emanated from the clear sky above them through some unaccountable agency. As for Furflew's private opinions in the case, he regarded this act of his chief as the greatest exhibition of human skill in an emergency ever witnessed, and, more- over, that it was far ahead of ventriloquism. The effects of it on the horses were marvelous and instantaneous. From the time the first notes struck their ears, the nervous attack which afflicted them began to subside, and in twenty seconds afterwards, at an encouraging word from Rob, they bounded into the center of the highway and galloped off. The cheers that accompanied this wonderful feat had scarcely died away when those of the pursuers were heard with equal force and enthusiasm. It was seen that a con- flict now was inevitable. Rob had no idea he could escape by means of the ambulance ; he merely wanted to keep his party together, as much under cover as possible, and to be in motion while the battle raged. He knew how to cal- culate chances and estimate the value of smallness whether 346 IN THE DEPTHS OF it related to time, space, or incident. No sooner had he gained success with the horses than he began to prepare for battle. He secured the reins to the front of the wagon, ordered Furflew to lie down in the deepest part of it, and unloosed his pistols. Furflew pleaded to be permitted to assist him ; but Rob felt he would perform more efficient work single-handed, and replied that he wished to have his orders obeyed. A glance at the back of the ambulance revealed the temporary character of the covering some thick glazed canvas, buttoned to the sides and capable of being taken off in an instant. He undid the under fasten- ings, placed his hand upon the upper ones, and was in the act of detaching them also when an order from without commanded him to halt. With a quick motion of his hand he swept the canvas away and stood an instant facing his enemies. Even in that short time he was not idle. His hands sought his trusty weapons. There was a fierce fire blazing in his eyes, and his brow became dark like an angry sky at the coming of a storm. Danderton, who was in front of his party, attempted to draw his pistol ; but like a flash two bullets whizzed through the air from Riddleton, one of which passed through Danderton's body and the other through one of his men. Both fell like saplings in the forest before the ax of the woodsman. The two men left of Danderton's party bravely returned the fire and seemed intent on continuing the pursuit. " Go home ! " shouted Rob, discharging his pistols a second time with that unerring certainty for which he was remarkable ; and the men in question slid from their horses into the highway dead or wounded. "Furflew," said Rob, while he rearranged his weapons, "we shall have cold chicken and a bottle of claret at the THE FIRST DEGREE. 347 next station. Get up, old man ; what are you lingering there for? One would imagine you wanted to go to sleep. ' ' "I could worship you," said Furflew as he scrambled from his retreat and resumed his seat on the box. Strange as it may appear, the balky horses traveled in admirable style during the remaining part of that day, carrying the party in the ambulance to the end of the journey contemplated. The report sent to the Southern authorities of this little affair gave the loss at two killed and two wounded, Dan- derton being among the killed. Riddleton was not hurt. The property abandoned by him was taken charge of by the hotel keeper and accounted for. On arriving at head- quarters, the men were highly commended for their con- duct and given a complimentary dinner, at which Rob made a speech and Furflew exhibited his powers of ventril- oquism. In regard to future service, Furflew considered he had performed enough for one man. Besides, the department was engaging a large number of new men, and the first year's campaign was practically at an end. He therefore informed Rob Riddleton he wished to retire from active duty so as to recuperate and enjoy the ease and security of civil life. Rob considered the proposition favorably, and, when he sent in his official report, recommended Furflew to be accorded the privilege requested and a bounty for his valuable services. These were accordingly given him, and thus Furflew became possessor of a handsome sum of money, which, when added to the savings from his pay, would enable him to engage in commercial pursuits or purchase a small country home. 348 IN THE DEPTHS CF As Riddleton was on his part going to take a month's vacation, and the time had come to part company with his trusty follower, he asked Furflew what he was going to do as a civilian. " Now that you remind me of it, Chief," said the man, placing the right-hand forefinger against the side of his head as if the touch implied the calling forth of great wis- dom, " I'm going into the circus business. I can go through half the performance myself, and I only need a few more hands to fill the bill. Money? Why, there's barrels of money in it ; and let me tell you, Chief, I'll get Sar- acen Gay and Flappins to join hands with me. We'll have the best show you ever saw. Saracen Gay is rich. He could be master of the horse ringmaster while Flappins was acting the bareback rider. They'll tumble to it, you bet, when I meet 'em. Why, sir, I love a circus. I'd have had one long ago if I'd had half a chance; but now I'll catch on for all that's out." Riddleton smiled at Furflew 1 s idea of happiness in civil life ; and with pleasant thoughts on both sides the friends parted. CHAPTER XXVI. SHOWING THE DARK HAND. WHIFTON'S return to Council Bluffs was hailed with delight by the inhabitants. Short as had been the time since his departure, a large number of people were added to the population and several substantial improve- ments made. Railroad men and speculators were giving brisk prices for land. The town was remapped ; and with- THE FIRST DEGREE. 349 out intentional irreverence it may be said also that it was mobbed. Those who did not know Whifton personally heard glowing accounts of his patriotism and knowledge. When encountered on the main street he was called " Colo- nel," and it was understood he had been wounded so severely at Bull Run as to be incapacitated for further service, although, to all appearances, he was stronger and healthier than before. From past experience in Western towns Whifton had learned much of speculation, and he was satisfied the best way of saving money was to invest it in city property. As the amount to his credit was considerable, he took a hand in the purchase of real estate, and thus became at once identified with the progress and prosperity of Council Bluffs. This settlement of his financial affairs, however, was only the beginning of his good fortune. The citizens recognized in him a representative man, one worthy of any position in their gift, and at the first opportunity elected him justice of the peace, which carried with it the title of "judge." What he had dreamed of in early days reached him in reality, and with it honor and fame and wealth. It was seen by those who knew Whifton best, that, not- withstanding his easy circumstances, he was beset by some mental trouble, either a burden on his conscience or a secret that could not be told. His abstraction was very marked. He meditated deeply, hummed love songs occasionally, and was heard to sigh like one in actual distress ; but, as he never mentioned the causes of these peculiarities, it became the general belief that his troubles were due to his "wound," if not to the depth of his learning. To himself there was no mystery in these strange visitations. His burden was twofold the sustenance of his ideal love and the prose- 350 IN THE DEPTHS OF cution of the commission given him by Hamilton Hitch. There was no doubt his magnanimous conduct displayed in the interests of Herondine brought him immense satisfac- tion and chastened his spirit to such extent that he could feel the presence of some divine principle moisten his eye- lids before he slept at night ; but behold ! his feelings of love increased until they became almost insupportable. When he told Furflew that he had found love "salubrious," he accounted only for the condition of his mind at that time. Of the future he knew nothing, nor of the charac- ter of love that is fostered and fed for years beyond the period prescribed by nature in which its functions are legit- imate and necessary. He did not calculate on the love that consumes body and soul as if encompassed by mysteri- ous fires, that strikes the heart with as sure an aim as if directed by fate, and gradually lessens the vital forces of the victim until relieved by insanity and death ; yet some- thing akin to this fearful visitant seemed to confront him. When he first began to study its true intent he was a pros- perous citizen, but it made him tremble as if the shadow of death had come to him knowingly. He made no attempt to escape from it, but, like a true votary, clung with reverence and adoration to its peculiar sensations, whose intensity was certain to bring his life to a premature close. If the good, the grand, and the beautiful created such a menace to the life of Whifton on the one hand, oh, what must have been the threatening aspect of the conditions imposed by Hamilton Hitch on the other, which would bring all that was virtuous in him to degradation and make him hate the hour he was born ! Again he accused himself of lack of wisdom, adding these words: "If we misuse THE FIRST DEGREE. 351 goodness, it is as bad as anything else. It is really so. The powers that surround love keep guard over it, and will strike if you come too close. That's what's the matter with me." He stood between two colossal difficulties, like one in a dark canyon with little to aid his escape and fully conscious of his predicament. It might be thought possi- ble to evade compliance with the terms of the contract with Hamilton Hitch now that Whifton was among friends ; but he knew that to trifle with the secret conclave of the masked lodge was to trifle with his own life : besides, the Confederacy was growing in strength and power, and who could tell what the end would be? Whifton was full of resources, for, as is well known, he possessed a far-reaching imagination. He began work on the contract problem. He would, he thought, perform something, however unsat- isfactory it might prove to be, and take risks on the balance. As it was with his love, so would it be with his lodge. He would look upon it in a mental panorama and decorate its several departments with a full measure of the ideal. In other words, he would institute a mock lodge and call it a real one. With this end in view he arranged one of his rooms to represent a hall, placed books upon the seats as officers, and went through all the forms prescribed in the by-laws for a genuine meeting. In the inner chamber he presided personally over the destinies of the novitiate, heard imaginary requests, and bestowed the customary favors. After every detail had been attended to, he made his report to the chief at Richmond. His statement was explicit, yet so guarded in the phraseology as to be under- stood only by the party for whom it was intended. This account of Whifton's proved satisfactory to Hamilton Hitch, and, it may be added, to Whifton himself. It was 352 IN THE DEPTHS OF as real as the burial of Herondine, having everything in it with the exception of the most essential factor. Indeed it may be remarked in passing that such is the character of many an enterprise whose projectors never, perhaps, fully understand the causes of failure. With the return mail came newspapers from Richmond announcing the commission of a great robbery. Whifton trembled on seeing the heading, for he concluded the masked lodge was beginning to exhibit the " dark hand," as the nefarious practice of thieving might appropriately be called. The robbery mentioned was a most daring one, executed in broad daylight, having scores of people as witnesses; yet not only did the robbers escape, but no trace whatever could be found of their place of concealment. The gen- eral public where the criminal act had taken place were astounded at the boldness of its character. Nothing like it was ever known to occur in that neighborhood at any previous time, and some conjectured that it must have been executed by the enemy. The detectives engaged on the case followed up two or three clews without success ; and after the expenditure of a great amount of conjecture, fuss, and movement, the daring deed had to be reckoned among the crimes of the unknown. Whifton received an account of the principal incidents in cipher from Hamilton Hitch, but, of course, was obliged to keep it secret as he valued his life, and long afterwards learned its entire history. Sternbeard, captain of the outside guard, drew up the plan, and Greenlaugh selected two men to execute it, besides giving substantial aid on his own part. The person from whom the money was stolen was a contractor who had been engaged to furnish a portion of the army with THE FIRST DEGREE. 353 supplies, the amount involved being thirty thousand dol- lars. Greenlaugh had ascertained the time when payment would be made, and was actually present when the robbers got off with the booty. The contractor was his " friend," a member of the social set into which Greenlaugh had insinuated himself at an early date on the representation that his Northern relatives were rich and in sympathy with the Confederacy. Some of the other arrangements of the deeply laid plot were as follows. The wife of one of the gang was sent into the city to rent a house. She was to pay in advance a month's rent, get in a few articles of furniture, and begin housekeeping after the manner of other wives. The first week's washing to be hung out was to consist of two towels, a dishcloth, a nightcap, a check apron, and a pocket handkerchief, not to speak of larger and more pretentious articles. She was to inform the inquisitive neighbors that her husband and her brother were blacksmiths by trade soon to arrive in the city, and expected government work. Care should be observed that the house be situated in a locality inhabited by business men, for, as is well known, such places are generally deserted the most part of each working day, the men being engaged at their business houses, while their wives are visiting or shopping. After this part had been carefully attended to, a couple of men were detailed for the princi- pal work. They were, of course, properly disguised, hav- ing been dressed in workingmen's clothing. Some arti- ficial abrasions were placed on their faces and they carried masks to be used at the last moment. One of these men hired a horse and an express wagon at a livery stable, the nearest that could be found to the rented house ; and started for the scene of action at the appointed time. 354 IN THE DEPTHS OF After receiving the money, which was in Confederate notes, the contractor and his friend Greenlaugh stepped into a street car for the purpose of depositing the treasure in bank. The highwaymen were prompt in following. The masks were on. The men drew their pistols and demanded the money. The contractor, who loved his life much better than war, became stupefied at the presentation, but Greenlaugh protested loudly against the action of the robbers. For this interference he was felled to the floor of the car by a blow ; but, of course, the scene had been prearranged for effect, and he was not hurt. When he scrambled to his feet the road agents had decamped with the money. Still Greenlaugh acted with consummate pretension to rectitude. Standing an instant at the door, he cried out, "Stop them! stop them!" and fired two shots from his revolver. At this juncture a great crowd surrounded the car. Policemen and newspaper reporters came up in dozens and got the facts from the parties con- cerned. The passengers were so much frightened that they slunk away through the crowd sooner than relate what they had witnessed. In the meantime no one followed the robbers. They drove off in the express wagon as if they had come out on a picnic. They were actually out of sight, having doubled a corner, when Greenlaugh fired. In any case they would not have been hit, because there was nothing in the pistol at the time of discharge but blank cartridges. After half a dozen windings through the streets the robbers were safe. During the following ten minutes they left the wagon in front of the livery stable, having previously paid for it, and dropped quietly into the house where the woman had the first week's washing on the clotheslines and was ex- THE FIRST DEGREE. 355 peeling the arrival of her husband and her brother, the blacksmiths. As a matter of fact, no one saw them enter the house, and they were therefore as safe from arrest as if buried under a mountain. They left no trace, suspicion, or clew by which the officers of the law could reach them in their hiding place. Besides, they were domiciled in a "high-toned " neighborhood. A policeman searching for criminals there, instead of finding anything of the kind would probably lose his star for his pains. Where the robbers were not, however, there was great activity in searching for them. For miles beyond the city limits the country was "scoured," and several arrests were made. Tramps found loitering around saloons in the city were critically scrutinized, and if the least doubt existed in the mind of the guardian of the law regarding their honesty they were " run " into headquarters in order to show the efficiency of the work then in progress. Nothing was left undone to capture the robbers excepting their actual cap- ture, which to some of those engaged in the pursuit would be the most deplorable thing of all. One noticeable feature of the case was the eulogy printed in the newspapers on the conduct of Greenlaugh. He was described as " fighting the highwaymen single-handed for fully twenty minutes, lodging three bullets in one of them and two in the other, and would have brought them both down if it had not been for the crowd." All the journal- istic notices of the robbery agreed in asserting that if the destinies of the South were in the hands of such able men as Captain Greenlaugh success would unquestionably fol- low. Such is the judgment of the world. The robbers remained for three days in the house secured for them, feasting on the best the markets afforded, reading 356 IN THE DEPTHS OF thrilling accounts of the robbery in the daily press, and playing cards in the intervals. The supplies necessary for the occasion were ordered by the woman and delivered at the door in the usual manner. She was a cash customer, with a smile of happy innocence on her face, and therefore could command all the services available in the make-up of six delivery wagons, including horses, drivers, and assistants. Nothing in the appearance of the house indi- cated disturbance or criminality. The blinds were up ; the glass of the windows clean ; the woman appeared fre- quently on the front porch, ostensibly to sweep the dust off its surface, but in reality to establish the idea in the public mind that everything under her jurisdiction was legal or businesslike ; the smoke from the chimney curled upward in as graceful-looking wreaths as if they emanated from the most aristocratic smokestack in the neighborhood; and the odor of beefsteak frying through a heavy margin of chopped onions often made the passer-by turn with delight towards the place and linger longingly a fen- moments in its shade. When public excitement began to subside, the transfer of the two men from the hiding place to their quarters was safely made. When it was dark the woman ran them over in a dogcart. Next morning she summoned a secondhand furniture dealer to apprize and carry off the household goods, and delivered the key to the owner of the house with the information that her calcula- tions had miscarried and she was obliged to move. The landlord did not seem the least disturbed by such a trifle, it had occurred so often before ; and as he had pocketed one month's rent in advance, therefore she was free to return to her original home without further tax or question of any kind. THE FIRST DEGREE. 357 When the members of the outside and inside guard assembled thereafter in secret session under the observant eye of Hamilton Hitch, great indeed was the rejoicing. There was a jollification such as is rarely enjoyed either by civilians or soldiers. In the technical phraseology of epicures there was a " spread " a supper consisting of the choicest viands procurable and old wines whose flavor seemed to indicate that they had been fortified in some lone paradise near the setting sun amid rose-tinted light, perfume, and flowers. Excitement ran high. It could be seen that the glare in the men's eyes resembled that of savages, modified, however, by the presentation of good cheer and the further prospect of sharing a division of the spoils. Some of them ground their teeth from excess of pleasure. The spirit of the occasion, however, was exhibited in Hamilton Hitch. He resembled a god, and with the addition of a few extra touches could easily represent the archfiend. He wore over his shoulders a cape of black cloth trimmed with fur and secured at the neck by a golden clasp. A star on each breast made of polished gold glittered at every movement and commanded attention through the fascination of a deep, rich glow which touched the heart of the beholder. Every look of the man, his movements, manner, and language, spoke eloquently of his triumph over good society, and pointed towards his individual cleverness. He fairly reveled in fame. Nothing transpired throughout the whole proceedings of the rob- bery to interfere in the least degree with its success a circumstance heretofore unknown in connection with such cases and, as a matter of course, the credit of it was due to him first and to Sternbeard next for attending to the 358 IN THE DEPTHS OF correct mapping of the details. Nor was Greenlaugh left unnoticed. Hamilton Hitch took occasion to speak of him in glowing terms, pointing out specially the cleverness displayed by him throughout the very difficult part he had to perform, and every man present cheered lustily to show his appreciation of his merits. Sternbeard and Greenlaugh sat side by side at the supper table. While they appeared interested occasionally in the remarks of others, the drift of their own conversation lay between themselves. Greenlaugh was a great talker, while, on the other hand, Sternbeard excelled in listening. Greenlaugh magnified small things, showing the light character of his intelligence, and hence he clattered for hours on a subject that an ordinary conversationalist could sum up in ten minutes. He appeared to possess the rare gift also of conducting two processes of the mind at the same time listening to the conversation of another and speaking on his own account, although it might be doubted if the first of these was really anything but pretense. He possessed a restless soul, like one stung into activity by hereditary meanness or acquired evil whose virulence kept it eternally in motion. As an instance of this, it may be pointed out that while all his companions had resigned themselves to the pleasures of the hour Greenlaugh was whispering into the ear of Sternbeard the terms of a new plot. This was no other than the introduction of a bunko game among the men so as to win their money. Stern- beard listened to the proposition with much gravity, as if the solution of an intricate problem had quenched the fire of his mirth, but his cold heart nevertheless quickened its pulsations on reflecting how easily and without offense the treasure could be secured in the manner described. As a THE FIRST DEGREE. 359 further inducement favorable to the scheme, Greenlaugh represented that they could employ two of the men to con- duct the game at a fair rate of compensation, and divide the great bulk of the gains among themselves. He said there were a couple of poker players in his guard on whom they could depend for secrecy and to whom he had already spoken on the subject. These men had been notorious sharps in civil life, as well as being pals; and if there was anything more than another for which they were distin- guished, it was that they sold out, deceived, and robbed their associates whenever a favorable opportunity presented itself a trait of character seldom found even among thieves. On this account they were reckoned the most dangerous men in the whole crowd. Furthermore they acted as spies on the conduct of their companions, often giving secret information to the captains concerning some of the men that was actually false, so as to promote prejudice and enmity that might possibly be turned to future use against them. Of these two underlings the man named Lorraf was Greenlaugh's favorite. He was diminutive in size, but offset this deficiency by being a most despicable criminal. The last act he performed before quitting home was to rob his mother an inci- dent so heartless that ordinary mortals who read of it wondered why he was not stricken dead by lightning. Still he was the confidential man of Greenlaugh, and the person who stood first in his esteem, if the estimate of the fellow could be called such. Rinz, the other man, was tamer in his iniquity. In conversing with people, he made an attempt to reason, and ordinarily he was polite ; but theft in any shape or under any circumstances was con- genial to him. Both men were gray ; furthermore they 360 IN THE DEPTHS OF possessed the bulldog characteristic features of thugs, and hated with all the strength in their possession the appear- ance or presence of a good man. Sternbeard having favored the scheme sketched by Greenlaugh, it was further agreed to obtain the permission of the chief, so as to legal- ize the transaction. In making the formal application, Greenlaugh represented that the men desired the privilege of playing their favorite games, to which Hamilton Hitch made no objection, as he saw there would be no infringe- ment on any of his rules ; besides, gambling bore so close a relationship to theft that he was rather inclined to en- courage its practice. When the sumptuous repast ended there was a division made of the money. Three of the men with musical instru- ments played favorite airs during the distribution, making the occasion one to be long remembered. Hamilton Hitch retired early. His share of the booty amounted to one fifth of the whole, and it was his wish to gloat over this new acquisition alone, where he might chuckle or laugh to his heart's content. The captains withdrew to the sitting room of Greenlaugh after giving all the necessary instruc- tions, and the men engaged in play. At midnight Greenlaugh looked into the common hall where the men were congregated, and found that the poker players had piles of the bills in their possession. Stealing back to his apartment, for he feared to tread heavily on the floor lest the noise should disturb the conditions of success then fully apparent, he stated the facts to Sternbeard, when both retired to rest. The men played until the gray light of morning began to appear at the windows, then whatever remained unfin- ished was postponed until the next evening. Lorraf arose THE FIRST DEGREE. 361 from one table and Rinz from another, winners of all the money gambled during the night, amounting in the aggre- gate to about ten thousand dollars. The losers dropped off one by one and went to sleep without a murmur. Some would have been content with the supper without money, while a few suspected that one or more of the men in authority was at the bottom of the game as an instigator. These soreheaded fellows determined to keep close watch. If there was to be any crookedness, they too would take a hand, and woe betide their opponents when they came to play the new game. CHAPTER XXVII. A STRANGE COMPROMISE. THERE is a striking similarity between a great military campaign and mankind in general : at every rounded period or skirmish some one drops out for aye. Besides Whifton and Furflew, whose retirement to civil life has been already noted, Herondine found it necessary to sever connection with the secret service and return home. The strain upon his nervous system during his incarceration in prison and subsequent trial, where even the semblance of justice did not appear, went far towards paralyzing his energies, and demanded a long period of rest. His wife, the beautiful Grace Herondine, had also suffered severely. It was evident if anxiety for her husband's welfare contin- ued she would probably contract some nervous disease, and therefore another reason presented itself urging Herondine to accompany her into the seclusion of private life. The authorities in Washington, fully alive to the importance of 362 IN THE DEPTHS OF the services rendered by Herondine, readily agreed to his wishes, and furthermore conferred on him the title of brevet brigadier general. This settlement of the career of a great character enables us to invite the attention of the reader 10 the continuation of the history of Whifton. Notwithstanding his physical disability, he studied law while a justice of the peace and was admitted to the bar. Still the two great troubles of his life weighed mercilessly upon him, threatening total extinction. The physicians consulted in the case were in a quandary regarding his ailment, for they did not agree with the opinion of his friends that it was due to the effects of his former wounds. In obscure cases of this kind it is safe to prescribe change of air; so Whifton was recom- mended to go east. This advice was agreeable to him, for he imagined, after considerable reflection, he could do a great deal on his own account to settle the difficulty. His plan was to consult Furflew. If learned men like the doctors, he thought, did not know how to stop his " decline," as he termed his illness, perhaps nonprofessionals would have better success. Who knew so much of the world, for instance, as Furflew ? None that he was acquainted with. He had heard Saracen Gay call him "Professor." Did not that indicate that he knew almost everything. Furflew also was the only person to whom was communicated the facts regarding his, Whifton's, ideal love, and on such premises, no doubt, the man might possibly be able to prescribe a remedy. Besides, Furflew had been the com- panion of Herondine, the man of all others who had won the heart of Grace Finnestare by nothing short of the supremacy of knowledge. Therefore he had laid down the lines on which he would travel in quest of relief. THE FIRST DEGREE. 363 Traveling to Washington leisurely, he found on his arrival the city filled with strangers, and vast preparations in progress for continuing the war. The most astonishing circumstance, however, that occurred during his first per- ambulation through the national capitol was the ease with which he discovered the man he sought. On every avail- able space designed for the display of placards could be seen the important announcement, "Bannister Furflew's Great Circus Is Here." "Great circus!" reiterated Whifton in surprise. " What wonderful luck that man was born to ! It is really so. I suppose he has a heart as light as a bird." While in this mood Whifton soon found where the circus was located, and there, near the front entrance, he met his friend. Furflew was dressed in flashy clothes. He exhibited also a golden chain and locket, several rings on his fingers, and a diamond stud in the breast of his shirt. At a distance he appeared superb, especially in view of his assumed air of superiority; but on a closer inspection his swarthy coun- tenance brought him down to the original level. Besides this, the deep lines on his neck, the lusterless gleam of the eye, the lank gray hair and the partly shrunken frame gave evidence that other battles besides those of war had come to him and left him a loser. Knowing there were several hours available before the commencement of the afternoon performance at the circus, the friends adjourned to Furflew's box office, which stood at the right of the main entrance, so as to compare notes on their respective situations. In reply to an inquiry as to how he liked the circus business, Furflew replied : "There's money in it. As for liking, I'm never tired in the circus ring. I do the juggling and the best part of 364 IN THE DEPTHS OF the farce where ventriloquism is shown off. The people laugh a great deal, and I enjoy it. I have your friend Sar- acen Gay, and Flappins also. Gay appears in the farce in a fantastic dress, that pleases him, and his man is my bare- back rider. In a year I calculate on stowing away about fifty thousand dollars as my share. You see how it is : people are coming in here every day, either as volunteers for the army or on one pretext or another, and they all want a little amusement. I saw the chance and took it. That's all there's to it." Whifton referring to the character of his patrons, Fur- flew answered : "All kinds come ; and, by the bye, I had a lady here a short time ago who was well known to our friend Heron- dine. In fact, it was at her house he roomed when in Charleston. She was a widow known then as Mrs. Whirl- ston, but is just married a second time and on her wedding tour. I forgot to ask the name of her husband. Then she told me about her daughter Cynthia. Instead of marrying Tuppins, a man that waited on her for years, she goes to work and runs off with a painter who struck the town only about two weeks before. They got married, of course ; but look at the ingenuity of the thing ! Tuppins is still working with a farmer as if nothing had happened to bother him." Suddenly the two men turned to the subject of Heron- dine's escape. Furflew, who was vain enough to imagine he knew everything pertaining to the war since secession, pleaded want of knowledge in the present case, while Whifton, rapidly reviewing the incidents in his mind, felt he must keep them secret. Hence when Furflew said of Herondine, " He could never have got away if he hadn't THE FIRST DEGREE. 365 had powerful backing," Whifton promptly answered, "It is really so." "And now about yourself," continued Furflew. "You're looking somewhat under the weather, old man. What did you run against ? or were you so badly hurt that you can- not get over it? " Whifton, pausing before making reply, answered : " My wound dates back before the war. Don't you remember what I told you about the ideal and the tangible, the lady I loved in secret and the good I imagined it brought me? " "Why, yes, I often tried to recall the word that you said suited me, but could not to save my life. How did you get hit ? " " The feeling increased until it rests like a great weight on my heart." Furflew, with a gleam of humor in his eye, remarked : " How odd that the two of us should come out about equal you struck in the heart and I in the ribs and on the head! The ideal brought you a dead weight just as the what-you-may-call-'em brought it to me." "What made me come here," resumed Whifton seri- ously, " was actually to consult you in the case. Your knowledge of the world is so wonderful, I thought perhaps you could not miss knowing what would relieve me." Furflew seemed flattered by this language. He coughed, while looking into the distance, with an air of self-impor- tance, as if he meditated consulting some mysterious oracle suspended in the atmosphere or otherwise. " What did the doctors do for you? " be asked. " The first told me quinine was necessary ; the second recommended salts for fifteen consecutive mornings; the 366 IN 7 HE DEPTHS OF third, blisters; the fourth, that I should go to the springs; the fifth, to stay at home ; the sixth, powdered pumpkin seed ; and so on until I came to the last, the change-of-air man." " Now that I think of it," said Furflew wisely, "you can join our company and get cured right away by having a good laugh once in a while. We can make a place for you if you have no objection. Start in to lead the big elephant! " "Why," responded Whifton, "I'm a lawyer, and you know it would never do to be found in such company." "Oh!" resumed Furflew laughing, "that alters the case ; for if the elephant knew of it, he'd back out for sure. ' ' However to come down to the bed rock of the thing if I can't do anything for you myself, I know who can. I always found him handy when I was in trouble ; and he'll be the same to you, because he loves to do good." "Ain't he a doctor? " inquired Whifton, for the philan- thropic character given the man rather confused his thoughts on the subject. "Naw," returned Furflew contemptuously, "but he ain't the worse on that account. He read above 'em, all round 'em, and crosswise; so you can see how much he knows." After further discourse concerning the extraordinary ability of his benefactor, Furflew gradually approached his identity. "First and last, he was my best friend," he resumed. "Twice he saved my life, and between times I learned more from him than I ever could from a dictionary or an almanac. After losing Herondine I joined him but you must have heard before of Rob Riddleton. Now, Whif, THE FIRST DEGREE. 367 I tell you the best thing on the cards. We'll just take a run up to him and settle the matter in half an hour. Fortune favors us ; for he came to the city yesterday, and I know exactly where to find him." Whifton had heard of the celebrated scout, but was at a loss to understand why this fame should make him skilled in the diagnosis of obscure complaints and the application of remedies suited to their requirements. Noting this apparent inconsistency, Furflew replied : " He'll tell you of the thing on common-sense grounds. That's all we want. I could go the length myself and hope to make a purty fair job ; but you must be sure before making any change. Riddleton is our man." After rendering this decision with as much emphasis as if he were addressing the big elephant in the circus ring, Furflew descended the steps of the box office and repaired to his dogcart and piebald horse, hitched to a post in the vicinity of the circus for his convenience, and into which he invited Whifton. Driving uptown, Furflew found he had risen to the importance of a celebrity ; for a number of small boys accompanied by dogs followed his rig, and some of the urchins speculated quite audibly as to the position likely to be assigned the new man, Whifton, whose diminutive form had not been previously noticed in the circus establishment. At the hotel Furflew had little difficulty in reaching the presence of Riddleton. The noted scout received his former assistant with cordial expressions of friendship, and assured him he was ready to render him any service in his power. Without making any reply to this kind invitation, Furflew placed before his former chief two complimentary tickets for reserved seats in the circus, and " hoped," as he 368 IN THE DEPTHS OF said, "of proving in front of him the value of jugglery and ventriloquism," to which Rob pleasantly replied that he would probably look into his crib, the circus, before leaving town. Then with a great show of mystery Furflew introduced Whifton, and the preliminary statement of his peculiar case. Rob was amused, as well as flattered, by Furflew's great faith in his judgment, and listened with grave attention to the details so as to get at the essential points, the better to render a just decision. He also ques- tioned Whifton, who answered promptly and without reservation on all subjects excepting the name and posi- tion of the lady of his love. These he would ever keep secret. When all the information was in, Rob spoke as one who had been inspired with a full knowledge of the truth. He began by saying : "You must compromise." Furflew, who was seated near Whifton in front of the speaker, said blandly : "I knew it. You must compromise. " Riddleton continued : " Should you adhere to the original design of loving the ideal without reservation, you shall die a premature death. People sometimes call it death by means of a broken heart. The reason of this is obvious : you invade the line of the law as laid down in the universe for the regulation of love, all its requirements not being fulfilled, and hence the counterpoise contemplated by them never appears. It is not recommended that you turn away wholly from your ideal, but merely adopt such means as may remove your physical suffering, with the chances in your favor of restor- ing you again to good health. This remedy is found in marriage. It constitutes what I have called the ' compro- THE FIRST DEGREE. 369 mise.' While it is not a union with your love, it is, never- theless, a step further than where you are now in the direc- tion demanded by nature." At the word "marriage ' ' Furflew and Whifton exchanged glances, and groaned audibly. Furflew especially seemed rattled, for he remembered having given Whifton the result of his experience with the dreaded condition as a warning, so as to induce him to continue a single life. "I am giving you the cure," continued Rob, "not my individual opinion. Prepare to carry it into execution, because it will prolong your life." The silence following this speech reminded the visitors it was time to leave; so, after offering their patron profuse thanks for his valuable advice, they departed. When they reached the street and regained the cart, Furflew seemed very much dissatisfied. " How I'm disappointed in that man ! " he said gravely. "For my part," returned Whifton, "I consider him very wise and very learned. It is really so. I feel it in my bones he has told the truth." "It is not what I expected," resumed his companion curtly. " Why should he at this time of day tell you to get married, after all my experience before your eyes and when I calculated curing you myself through the dint of good times with the circus." Whifton was inclined to smile at this reasoning, but re- frained from showing any signs of amusement lest it should offend his friend. He remarked, however : " I would travel the same journey again for the same in- formation. It is really so." This emphatic affirmation convinced Furflew that Whif- ton had been juggled into the unholy belief of which he 370 IN THE DEPTHS OF was then possessed. "Now, this is what I call real hyp- notism," he said mentally "a man to be brought over in an instant from the side he was standing on before for years." Then he added aloud: " Well, I am glad, old boy, I put you on the right track. If ever you regret the new change, if ever you have to skip, as I did, remember the elephant job is open to you !" Soon after this conversation the men parted, with many expressions of friendship that would endure and hopes of a future meeting when everybody had become happy. Whifton returned home deeply impressed with a belief in the efficacy of the compromise. It was remarked when he reappeared on the street that he held his head high, stepped briskly over the street crossings, and tittered at every silly expression within hearing distance as if he were in full accord with its deficiencies and significance. These signs made people shake their heads in a mysterious man- ner, many asserting there was "something in the wind," while deeper thinkers were ready to guarantee that a turning point in Whifton's life was approaching. When, however, it transpired that he intimated his intention of occupying one of his own houses and buying furniture, he advanced immediately from being the subject of innuendo to that of table talk and finally became the talk of the town. He did not disguise his intentions regarding matrimony; and the publicity given them, therefore, harmonized with his wishes. One of the vagaries of society, however, coming under his observation at this time caused him no little sur- prise, as well as that it created a difficulty in his way never anticipated. When the truth became fully established that he was no longer in the field, but on the market, where his individual liberty was to be exchanged for the blessings THE FIRST DEGREE. 371 showered on the life of a married man, he was assailed by a vast quantity of mail matter from the four principal sections of the city, in which could be enumerated almost every class of human beings rich and poor. Among these missives were invitations to dinners, luncheons, lawn par- ties, tea parties, suppers, socials, hops, and private theatri- cals by the dozen. Nor were these the only evidences of his progressive situation. The street where he resided was also an object of interest to the public, with such favorable results that it became a fashionable promenade. Of course, it would never be insinuated here that this selection had been stimulated by the desire of any one particular class to view Whifton's property, or remotely Whifton himself; but his own experience appeared to be that he counted on one occasion among the promenaders fourteen eligible widows, nine grass widows, twenty-one old maids of retir- ing aspect, thirty-seven new women, and scores of others married and single. Whimpering to himself, Whifton remarked: "It is de- cidedly evident the ' compromise ' is full of attractions, when one meets all this at the very door. I had no idea the market was so well stocked. Look at me with one foot a' most in the grave, diminutive, ill-looking, prone to oddities and special diet, and thought by some Eastern people fit only to lead the big elephant in a circus. Not- withstanding all this, I can select a wife from the ranks of beauty, worth, and even wealth to my heart's content. Oh ! it is a beautiful provision, no matter who gives it or how it comes." Whifton went to visit at the residence of a rich farmer whose place lay on the suburbs of the city and who kept a hog ranch. The only daughter, who doted on title or 372 IN THE DEPTHS OF fame of any kind, encouraged the judge's visits and always agreed with whatever view of a subject he chose to take. This species of flattery, or, as some uncharitable persons would call it, "soft soap," soon had its effect on Whifton. How he reasoned on the case it is not now necessary to mention, but he saw enough to convince him he would not be rejected; so he made the important proposition, which resulted favorably, and was married. Strange as it may appear, Whifton's physical ailments, and through them the mental ones, gradually improved, and in a short time it was apparent to everybody he would fully recover his health. The war went on without him. While the thunders of great battles were heard beyond the horizon, he wrestled with the difficulties of law on the one hand and family cares on the other. Children were born to him as if, like European princes, the government were ready and willing to appropriate im- mense sums of money for their support. The Whiftons grew in numbers, importance, and respectability. They lived well in magnificent quarters, and were accounted val- uable members of society. Did he ever think of his ideal love ? Oh, yes ! It was yet in his inner heart, but obscured and growing less, like the sun when he sinks to his rest, leaving in the western sky traces of the glory which sur- rounded him here a beautiful memento, brilliant enough to be a companion of, and to mingle with, the stars. THE FIRST DEGREE. 373 CHAPTER XXVIII. SEEKING THE OLD LAIR. '"TT^HE Pottawattaraie County hospital, located in the J_ suburbs of Council Bluffs, received into one of its wards, about the close of the war, a patient whom none of the attendants could recognize as belonging to the city. A farmer carrying some produce to market found him in a helpless condition on the roadside, and charitably carried him in where he would receive proper attention. The inci- dent in itself was commonplace, for, unfortunately, such scenes occur with unremitting frequency in public insti- tutions of this kind ; but beneath the exterior forms of it, in the present instance, there lurked a hideous tale of one who had fought the world for mastery in the character of a criminal and had suffered woeful defeat. The patient, unconscious at the time of admission, revived under judi- cious appliances and careful nursing. It was found by the attending physician that the man had been shot in the left arm, that in consequence he had suffered from debility aggravated by exposure, and that it was as likely as not he would die. When his speech became audible, for he mut- tered a good deal, mentioning the name of Judge Whifton, it was concluded that he wished to obtain the services of a justice of the peace so as to make an ante-mortem state- ment. Hence a message sent to the Judge with the facts brought him in due time to the hospital. Whifton walked up the center of the sick ward with a lofty air, as one weighted with the wisdom of the bench and the responsibility of protecting society from every species of attack known or imagined. The attendant who 374 IN THE DEPTHS OF guided him, stopping near the foot of a bed at the extrem- ity of the ward, made a motion with his hand towards the occupant of it, saying, "This is the man," and then with- drew. For a moment Whifton saw nothing other than a wretched countenance shrunken almost to death, but im- mediately thereafter, when the stranger turned his languid eyes upon him, he began to tremble as if seized by an ague fit. This was due more to surprise than fear, for he recog- nized in the sick man one above all others never expected to be seen in such condition; namely, Hamilton Hitch. As if drawn by magnetism, Whifton approached the man and took a seat available near him, gazing rapidly round the apartment so as to ascertain if their conversation could be conducted without the presence of listeners. Fortu- nately there were no other patients in this ward, which ap- pears to have been reserved for such cases as the one now in it. Whifton did not speak ; he only gazed wonderingly at his companion, while his heart fluttered and his brain became confused with the pressure of multifarious ideas within it. He breathed with difficulty almost gasped and the pallor overspreading his face was even more deathly than that on the features of Hamilton Hitch. The sick man, observing Whifton's condition, said in a strange pip- ing voice, "You are surprised." Then, as one who had important information to impart and desired to give it regardless of the absence of comment or reply, he con- tinued : "When everything else failed, I thought of coming to you. I knew I would receive protection, not only because I favored your application for the release of Herondine, but because I felt you were always good. In the depths of the extremity to which I was reduced, a strange longing THE FIRST DEGREE. 375 came over me to return even into the neighborhood of my old home in Omaha, where I had lived so many quiet years. This desire urged me still further with a hope that after a little time spent here I might escape into the wildest part of the plains and burrow in it like a wild beast. For once, per- haps, I would receive the full measure of my expectations. " Before it is too late, let me tell you what happened in the South. Soon after that first affair of ours the thirty thousand dollar job it was discovered by the men that Sternbeard and Greenlaugh had plotted to win their money. This fact divided the lodge into little bickering parties as much opposed to each other as the contending armies in the field. In about a year after this we had another robbery, when we realized about ten thousand dollars. It was an open day affair conducted after the plan formerly pursued, and was quite successful. The person robbed was a banker's messenger returning with his day's collections and intercepted before reaching the bank. After the division of the money, the men began to play poker as usual, Lorraf and Rinz being the principal dealers. When it was found that the sharpers were raking in all the money, there was a row. Men drew pistols, and, after the use of some fiery language, fired. The two captains, about coming on the scene, were warned to keep away until the storm subsided or they would be shot. There was great uproar, and I was called down to restore order. I suc- ceeded with much difficulty. Some of the men threatened myself. It was found that Lorraf and Rinz had received injuries from which they soon after died. My report of the unfortunate affair stated that the men were shot by their comrades for mutiny. That covered it. I then gave orders to stop gambling altogether, but they were not 376 IN THE DEPTHS OF obeyed. The captains found through private information that the men had formed self-preservation societies, so as to maintain what they called their rights, and oppose us during future critical periods of trouble. I knew that this kind of independence would ruin everything. It was an- archy within anarchy, and must end in destroying itself. "It is singular how logical conclusions may be made ineffectual by circumstances. My plans were well con- ceived and calculated to be successful ; but when tested by the ways of the world and law, they failed. This was be- cause some item in the plan proved unsound, bringing disaster on the others. It was straight enough for a few fearless men to surprise and threaten and rob an individual ; but to keep these fellows afterwards in line, bound down by rule to secrecy and forgetfulness, was the greatest part of the work. When employing the men, I did not take into consideration their liability to mental weakness, drunk- enness, treachery, and other evil propensities associated with persons who have set the law at defiance. I have now learned that if you call forth evil it will strike yourself. Should you design it for the injury of others, it will turn in its path and wound you even to death, so merciless is it. Here you see the difference between a good and evil design and good and evil agents. The results in the one case will be beneficial, but in the other disastrous and death-dealing. My life was a delusion. I hated society; but this only made my own mind a torment, while the people enjoyed themselves as heretofore. Surely this was no advantage to me. Experience taught me more than anything else. " I received frequent reports of the dissatisfaction of the men, due to the most trivial causes, and it was hinted that both Sternbeard and Greenlaugh were not above plot- THE FIRST DEGREE. 377 ting mischief to myself. Thus it became apparent that nothing would arise to me out of my creation, my lifelong study of the masked lodge, but dissensions, threats, heart- aches, and mortal fear of assassination. There was another potent cause of trouble amongst us; namely, disagreement on account of variation in our opinions. It was curious to watch the way this seemed to be produced. While the men were busy with ordinary duty, there was some little peace; but when dressed in new clothes and filled with a good dinner, they ventilated the most extravagant ideas. The most ignorant men stood on their feet the longest in debate, and asserted positively that they would not believe anything but their own opinions, no matter what happened. About the time of these discussions it was suggested to me to permit individual members of the guards to go into the city at night for the purpose of 'holding up' belated business men or others who should have been at home with their families instead of in the street. At first the permit was not given or sanctioned; but the party pleaded so persistently that, suppressing my better judgment, I let them go. This break into my original plans proved ruinous. In a period of one month from the time referred to, three of my men were admitted to hospital on account of wounds received in their midnight raids, and six captured as outlaws and held to answer for robbery in the superior court. As they had been dressed in civilian clothing at the time of their oper- ations, they were not known to belong to my company of troops; but we entertained grave fears that some of them might peach. " There never came a day that did not reveal some ter- rible possibility hanging over us of imprisonment or death. The war news proved a great source of uneasiness. From 378 7.V THE DEPTHS OF having been confident of the success of the Confederacy, I grew doubtful and finally lost all hope. The withdrawal of the army from Richmond was the signal for breaking up the lodge. The men seemed crazed with the prospect of release from the restraints of the lodge, and actually howled like half-famished wolves. Many had old scores to settle, and they adjusted them with a vengeance. Sternbeard and Greenlaugh were shot at several times by their own men, but managed to escape unhurt, although their hats and outer garments must have been perforated by bullets. They went north. For my part, I was obliged to abandon everything and take to flight to save my life. Even as I fled precipitately, one of the men, seizing a carbine, fired at me. The ball struck my left arm, fracturing the bone. I fell as if dead, which prevented further assault; but I revived soon afterwards and made my escape as far as the Federal lines, where one of the doctors bound up my arm. The balance of the lodge scattered so thoroughly as to leave no evidence that the institution had ever existed. It pulverized itself. The members were terrorized at sight of each other after my control had been suppressed, and slunk away singly so as to begin a new career among strangers planned according to their individual ideas. " Nothing in my whole life brought me such a severe lesson as this castigation which I received at the hands of my own set, fellows that I elevated to the distinction of being my friends and brothers. Herein, of course, was my error that such selection and classification should ever be laid on evil lines with the expectation of achieving success. I felt I had been whipped at my best trade. Uncompromis- ing defeat came to me at my own door. I could overcome my enemies by the force of concentrated evil in my inward THE FIRST DEGREE. 379 nature, but when my friends plotted for my destruction I became helpless. Besides, mark my condition : I had grown old ; I was alone ; Danderton was dead ; all my money, placed at the disposal of the Confederate government, was lost, without even the chance of recovering a cent on the dollar; the personal property in my apartments was valueless, owing to the disturbed condition of the times; and my life stood in imminent danger from friends on the one hand and foes on the other. On the broad surface of the earth everything viewed through my mental vision was black and threatening. Strange that at such a moment I looked into the sky, and the balmy influence which instantly reached my spirit turned my thoughts to other and better subjects, back along the crooked road of my poor life, back to the days spent with my early innocent companions, back to my mother! Oh God! I wept like a child at such memory when held side by side with my own willful career, that had carried me to the edge of the pit and was about to throw me in. Necessity then forced me to consider if I had performed even one act that might be accounted good, and I remembered that you had persuaded me to liberate Herondine." Whifton, who had recovered equanimity of mind, inter- rupted the speaker by saying: " It is really so; and furthermore, let me tell you, if you manage to live I might get you something. Herondine is a noble man, and powerful. We dare not now even imag- ine what he might do in the future if asked." A peculiar light gleamed in the eyes of the prostrate man, which seemed to be some phase of geniality created by the hope held up by Whifton. The semblance of a smile flitted across his features like the sheen of the moon 380 IN THE DEPTHS OF coming an instant through the clouds over the dark surface of a pool. "I thought of you," he continued. "Among other things, I imagined if we had been companions in the lodge, I chief and you major, you would have gradually brought me over to your way of thinking." "How much better it would have been," said Whifton, "if we had been companions in civil life, living according to law and in full possession of the privilege of legitimate freedom, fearing no charge, envying no person his success, proud of our native home, and happy in the possession of plenty!" The sick man made no direct reply. He mused as if seek- ing a reason to justify his criminal life. Then he answered : "Teaching was too weak for my trouble. I never attempted to resist the infatuation which stealing held out for me. If I ever considered for a moment whether or not I possessed power sufficient to overcome this infatuation, when I came to examine it there was none. You must remember there are roses without perfume and oranges without seeds. Therefore something more than mere words was necessary to turn me aside from my evil course some radical chas- tisement, which eventually came. When I had determined on my destination, I arose, and, catching a horse, for there were many of them in the place, mounted and pro- ceeded on my journey. Passing through the scenes of recent battles, I encountered many difficulties. Feeling my strength giving out, I feared I would never see you again. A few persons assisted me upon my representing to them that I was a wounded soldier returning home. A short distance from town my horse fell unable to travel further; and be- lieving that my time had also come, for I felt the weakness THE FIRST DEGREE. 381 of death at my heart, I sank by the roadside and became unconscious. When I recovered I found myself here. Then I asked to see you." "How am I to steer through the danger?" inquired Whifton in a low voice. " Give them a card with this piece of information on it," returned Hamilton Hitch: "John Chisel ton, en route to the Black Hills; wounded; paid off in full; accounts checked and settled." Whifton, taking a notebook from his pocket, wrote as directed on a fly leaf, which he held for presentation to the superintendent of the hospital. Then his companion resumed impressively: " I release you from all bonds, promises, contracts, or obligations involved in your connection with our society. I leave you absolutely free, and hope you may be happy. ' ' Whifton rose to depart, saying he would look in next day. Before he left the hospital, Whifton handed to the super- intendent the fly leaf with its inscription, and remarked in an official manner: "The sick man desired me to hand you this note, and requests you would accept it as his record, to which the superintendent replied, with a good-natured bow and a smile, " Certainly. Thank you," but, as if to relieve him- self, and his honor the Judge, from the unpleasant mem- ories of the case, inquired lightly: "Do you think it will rain, Judge?" "Ah! well, now that you give me the cue," said Whif- ton, " I believe we have had or will have a fall, but prob- ably may be obliged to wait until it comes. It is really so." 382 IN THE DEPTHS OF The superintendent laughed at what he considered a well-turned witticism, while Whifton thought he had had a narrow escape from becoming ridiculous, on account of two subjects pressing his brain at the same moment the fall of Judge Hitch and the coming of a storm. Next morning Whifton received a message from the hospital that " Chiselton " died at midnight. Notwith- standing the career of the man, the petty judge was shocked, on receipt of the news of his death, by a combi- nation of fear, friendliness, sorrow, and joy. The last chain that had bound him to a condition of mental depression fell broken at his feet, and he stood in the light of day a free man. In reviewing incidents of his past life, Whifton saw clearly and forcibly how he had been rewarded even by circumstances for the act of rescuing Herondine. The trivial offense originally and innocently committed by which he promised to keep secret for twenty dollars the crime of another, dragged him forward little by little until he actually touched heinous iniquity, without, however, incriminating himself; but this was due to the fact that the peculiarity of his love directed him into a channel that ultimately saved him from ruin and premature death. As to the fate of Hamilton Hitch in escaping the gal- lows, it may be considered by some persons a misfortune that he did not receive his just dues. To his own mind, there is no doubt that during the last days of his life, hang- ing would have been a relief to him as tending to cut off the mental torture by which he was assailed. In whatever direction he turned his thoughts, he met nothing but vis- ions of crime, treachery, and debasement below the level of the brute. There was no beauty on the earth or in the THE FIRST DEGREE. 383 heavens to administer solace to his soul, because he had schooled himself to live without it during the long years of his existence; and even now, while life flickered within him, he loved to brood over dark phases of human nature, wretchedness, and iniquity. His bodily sufferings, also, must have been excruciating; and the fear of pursuit or detection by some of his own gang made him feel like a wild beast hunted by bloo'dhounds ! He died in the night a time, too, when good men die but with him there was no hope or consoling word or kind adieu or prayer for a place in the blissful state beyond the grave. The remains were buried in the potter's field in a grave without a head- stone or any exterior sign to indicate that the place was occupied save certain measurements marked in the records of the cemetery. The world went on in the usual manner, and the criminal was at rest. CHAPTER XXIX. THE RESULT OF FINAL REPARATION. AS Whifton's mind grew stronger under the impetus of A\. good health and freedom from terror such as had afflicted it in the days of Hamilton Hitch, he resolved on making final reparation for his offense, if such it could be called, in having had any association whatever with the thieves of the masked lodge. To do this effectively he believed it essential to consult Herondine, as well as that he would reveal to him the whole proceedings and get his advice. As on former occasions, there would be one secret reserved from exposure his love for Grace Herondine, 384 IN THE DEPTHS OF which was now so far mollified as to permit him discussing kindred subjects without pain. At that time Herondine was a member of the United States Senate, having been selected for that exalted position in accordance with the wishes of the people of New York in consideration of his services during the war. Hence Whifton's journey east would carry him again to Washing- ton a contingency quite agreeable to him, as he delighted in perambulating through the wide streets of the national capital with the fascinating prospect of meeting war veter- ans by the score on every corner. It was a sight long to be remembered when Whifton, dressed like a country judge in striped pantaloons, diagonal cutaway coat, and pique vest, stood at the doorway of Herondine's office in the Capitol and waited an introduction to the distinguished New York senator. The western man was a trifle pale, his face being also elongated on account of the weight and importance of his thoughts; but at intervals he would proudly protrude his breast forward, look upward as if critically examining the workmanship of the ceiling, and shake his little boots alternately the better to adjust the covering of his nether limbs. Herondine's reception of Whifton was cordial. When he became aware that his visitor could supply what may be called the " missing link " in his own history, which here- tofore was wanting and referred to the person or cause responsible for his liberation, he became at once deeply interested and invited a repetition of the whole story. Whifton's narrative of what came under his observation from the time he quitted Washington to the death of Ham- ilton Hitch proved astounding to Herondine. The accu- racy of the details, backed by authentic documents in Whif- THE FIRST DEGREE. 385 ton's possession, dates, descriptions of individuals, and collateral information obtained from Furflew and Rob Riddleton, made the whole statement very reliable and complete. "You remember," continued Whifton, "the single-file man in rear of your escort when leaving Richmond, muf- fled beyond recognition? I was that man." "Such heroism as this I have never seen equaled," returned Herondine. "I recollect the person well," he continued, " for I invited the captain's attention to him. Green laugh replied you had recently joined the troop but they had not yet given you any distinguishing name. However, I watched the outline of your figure before part- ing, and can readily recognize it now." With renewed interest in the information obtainable, Herondine questioned Whifton on special points. " How did you hope to influence Hamilton Hitch, in the first place?" he said. "From my former acquaintance with him. I knew he was bound to have some villainous business on hand as a side issue, which if concurred in would gain his favor. Besides, I heard about his secret work before starting. I had a token left me by him at the time of quitting Omaha for the South." Here Whifton related how he first met Hamilton Hitch as already known to the reader. Then in turn he ques- tioned Herondine: " How do I now stand in the eye of the law? " " To begin with, I exonerate you," returned Herondine. "The means you employed to save my life, if free from any motive, would undoubtedly be criminal; but the whole history of the case shows the absence of criminal intent, 386 IN THE DEPTHS OF with the saving of my life the only object in view, and therefore your action was not merely commendable but deserving a rich reward. Now, tell me further: why did you select me in preference to many other men then in the hands of the Confederates ? Was there any secret motive moving you to this course ? I was a stranger, residing even in a different state from yours, and had not the advantage of knowing you." Whifton knew this question would come, and was pre- pared for it. He replied: " I had no power with the parties holding other prison- ers, and you were the only one under the jurisdiction of my man. When informed by Furflew of your capture, I knew by the description he gave of the party that the leader was Danderton Hitch. This meant to me that you would be carried to Richmond, and all the rest that was to follow came plainly to view. I admit no other man could judge as I did at that time, but this was because he had not the same amount of information. Your rescue appeared so easy that I would even hold myself a criminal if I did not go forward and procure it. It is really so." This forcible exposition of Whifton's motives proved satisfactory to Herondine. It appeared wonderful, and yet the results as achieved by Whifton were so plainly derived from causes such as those that would sway the action of a thief like Hamilton Hitch that they could not be denied. Herondine was profuse in his thanks, and invited Whifton to spend a month with him in New York during recess. " Many changes have occurred in my establishment since the first year of the war," he said. "My father-in-law, Judge Finnestare, is dead some years. My two aunts also died. Madam Gloriana left to join some of her relatives, THE FIRST DEGREE. 387 and Felice went south at the close of the war. Mrs. Herondine is well, and we have three children two boys and a girl." Whifton apologized on account of inability to accept his friend's invitation, pleading family cares and official duty; "but," said he, " I wish very much to know the fate of some of the characters who figured with us in the years just passed." Herondine, understanding the purport of the question, replied: "Rob Riddleton remained connected with the secret service during the war. His career was distinguished by wonderful exploits, and truly his services were exceedingly valuable. Furflew made a fortune at the circus business, from which he retired after two years' experience. In New York he purchased a fane residence on a fashionable street, and joined a club where he enjoyed himself to the full extent of his desires. I was told that he died recently, some said on account of having eaten fourteen lamb chops one night before retiring to rest and during the progress of the club's high jinks. Saracen Gay, having seen the world in many of its everyday aspects, including the elephant of Furflew's circus, returned to his estate in the South con- tented and determined to remain there the balance of his life. His chief delight now appears to be the holding of dia- logues with Flappins on all the scenes witnessed by them dur- ing their travels, thus living their lives over again, to their own great amusement as well as that of their listeners." At the introduction of the names of Sternbeard and Greenlaugh there was a long pause, after which a lively discussion ensued as to what further action, if any, would be taken in respect to them by Herondine and Whifton. 388 IN THE DEPTHS OF "Unfortunately, I have recommended them for perma- nent positions," remarked Herondine, " not knowing their real character; 15ut as their associates are all honorable men, they may not in future swerve from the paths of duty and rectitude. Now," he continued impressively, "we come to you. Your action in my behalf has made you great. The consciousness of it must be a source of gratification to you during your life and a kind of ideal heirloom in the history of your family for ages in the future. Moreover, it is only proper that you be suitably rewarded for deeds that few men would undertake to perform. Through my influence with the President, and in acknowledgment of your valuable services, I shall have you appointed United States district judge in the district in which you are now a justice of the peace. This will be a permanent position, and enable you to live comfortably, enjoying at the same time honor and renown." Whifton turned pale with delight at the announcement. To him it was the unexpected. What he had sought in these latter days namely, health and peace he had found as soon as he understood how to comply with natural law, thus reconciling him to the belief that the practice of good deeds will surely bring an earthly reward. Now, however, a great source of emolument as well as a great dignity was going to be thrust upon him as if to elevate his mind beyond the limits assigned to those of men, to charm his soul with the emotion of fame and his heart with the liberality of wealth. He was amazed at fate if this approaching prosperity was any sign of its existence or that peculiar train of circumstances which followed his actions and finally laid such immense treasures at his feet. What had he done ? he asked himself. Simply played a THE FIRST DEGREE. 389 straight game, never reneging once. That was all. And for this heaven and earth seemed moved simultaneously, impelled by a common desire to offer him the rarest gifts in their possession. Oh, how blind are those who espouse the methods of a villain in the expectation of gaining anything, whereas by a little wisdom exercised in one's own behalf, a little perseverance in the pursuit of right as required by law, and a little patience, everything in the hand of nature suitable to human life may be obtained, with the power of enjoyment given gratis. High as was the esteem, however, into which Whifton had been elevated, great as were the gifts bestowed on him, yet he sighed for the unattainable, verifying the supposition that, owing to the varying incidents associated with human life by which it is disturbed like the restless tides of the sea, complete hap- piness is an impossibility. In the plenitude of his joy he turned back to the time when he first loved Grace Finnes- tare. How beautiful it would have been, he thought, if these favors had come to him then. He might have gone forward encouraged by the judge, her father, and heard her sweet voice make music for his soul ; perhaps have felt the tips of her fingers on his brow, like the touch of an angel; and who knows? he might have won her. For three days Whifton remained in Washington the guest of Herondine. He was introduced to the President, saw the great public buildings of the city, and wandered through the Capitol as if it were a fairy castle whose dome on the interior had been beautified by a celebrated designer named Jack Robinson. As indicated by Herondine, Whif- ton was appointed district judge. When the time for part- ing came, each of the friends seemed very much distressed Whifton because he venerated Herondine, and Heron- 390 IN THE DEPTHS OF dine because he felt gratitude for Whifton. So is it with the parting of all good men. Whatever others may have to write or speak of American men in public office, it can be asserted positively that the two here mentioned, with whose history we have been more or less concerned, were honorable and just, faithful and true, and preserved their integrity pure and unsullied to the end. Whifton's record went through all the western coun- try, and some lawyers ventured even to quote his opinions on the grounds that they were clearly logical. Whifton, however, died a short time ago, leaving a fortune to his widow and children, besides a good reputation. Great was the surprise in the Herondine household when Grace heard the true history of her husband's rescue. "I was almost positive," she said to Herondine when discussing the subject " that the President or the Secretary of War moved the authorities in Richmond to save you." "And I," responded the husband, "believed it must have been derived from my friends in the Senate, or an individual friend residing in the S_outh in touch with the executive." " It seems almost incredible," resumed the lady, "that one of the people that is, of the class devoid of wealth, influence, and political power should be willing and capable of achieving such an extraordinary deed." " It proves to us, my dear," replied the husband, " that even a single person, when directed by sound knowledge into the pursuit of justice and right, may gain more sub- stantial benefits than a thousand men led by false princi- ples and ignorant demagogues." The description of Whifton given by Herondine reminded Grace that she saw him when he delivered to her a note THE FIRST DEGREE. 391 from her husband and also a card of instructions on the night of their departure from Richmond. "I remember him," she said, "and wondered at the time that a person apparently so frail should be in the mili- tary service without some special cause. It seemed to me he had been pondering deeply over a far-off subject, for he muttered incoherent sentences and once shivered as if chilled with cold. It was probably his strangeness that made him implicate himself in such fearful danger." " Strangeness be it," said Herondine. " His action may deserve that appellation too, perhaps, but it is not the less meritorious on that account. I imagined the Secret Service had most power to reach me when in trouble, but had I staked my hopes upon it I were lost. It seems to me," he continued, "that Judge Whifton's achievement points towards an important lesson in human affairs. Men and women in all classes of society can render the highest ser- vice to themselves, to their country, and to the world at large, if they study and perform what is really right, just, and true to the requirements of law." Herondine lived a long and happy life; and when he and his wife died, a great concourse of people followed their remains to the grave, which was situated amid blooming flowers, green shrubs, and grasses charged with rich fra- grance, and where the gentle west wind afterwards came betimes to sing a paean to their memory. THE END. University of California SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. A 000 086 279 7