The Turn of the Balance

"I came," she said, "to ask a favor–a very great favor. Will you grant it?"

She leaned forward slightly, but with a latent intensity that showed all her eagerness and concern. He was deeply troubled.

"You know I would do anything in my power for you," he said. His heart was sincere and glowing–but his mind instantly noted the qualification implied in the words, "my power."

And Elizabeth, with her quick intelligence, caught the significance of those words. She closed her eyes an instant. How hard he made it! Still, he was certainly within his rights.

"I want you to let my brother go," she said,

"I want you to let my brother go," she said

He compressed his lips, and she noted how very thin, how resolute they were.

"It does not altogether rest with me."

"You evade," she said. "Don't treat me–as if I were some politician." She was surprised at her own temerity. With some little fear that he might mistake her meaning, she, nevertheless, kept her gray eyes fixed on him, and went on:

"I came to ask you not to lay his case before the grand jury. I believe that is the extent of your power. I really don't know about such things." Her eyes fell, and she gently stroked the soft gray fur of her muff, as she permitted herself this woman's privilege of pleading weakness. "No one need be the loser–my father will make good the–shortage. All will be as if it never had been–all save this horrible thing that has come to us–that must remain, of course, for ever."

Then she let the silence fall between them.

"You are asking me to do a great deal."

"It seems a very little thing to me, so far as you are concerned; to us–to me–of course, it is a great thing; it means our family, our name, my father, my mother, myself–leaving Dick out of it altogether."

Eades turned away in pain. It was evident that she had said her all, and that he must speak.

"You forget one other thing," he said presently.

"What?"

"The rights of society." He was conscious of a certain inadequacy in his words; they sounded to him weak, and not at all as it seemed they should have sounded. She did not reply at once, but he knew that she was looking at him. Was that look of hers a look of scorn?

"I do not care one bit for the rights of society," she said. He knew that she spoke with all her spirit. But she softened almost instantly and added, "I do care, of course, for its opinion."

Eades was not introspective enough to realize his own superlative regard for society's opinion; it was easier to cover this regard with words about its rights.

"But society has rights," he said, "and society has placed me here to see those rights conserved."

"What rights?" she asked.

"To have the wrong-doer punished."

"And the innocent as well? You would punish my mother, my father and me, although, of course, we already have our punishment." She waited a moment and then the cry was torn from her.

"Can't you see that merely having to come here on such an errand is punishment enough for me?"

She was bending forward, and her eyes blinked back the tears. He had never loved her so; he could not bear to look at her sitting there in such anguish.

"My God, yes!" he exclaimed. He got up hastily, plunging his hands in his pockets, and walking away to his window, looked out a moment, then turned; and as he spoke his voice vibrated:

"Don't you know how this makes me suffer? Don't you know that nothing I ever had to face troubles me as this does?"

She did not reply.

"If you don't," he added, coming near and speaking in a low, guarded tone, "you don't know how–I love you."

She raised her hand to protest, but she did not look up. He checked himself. She lowered her gloved hand, and he wondered in a second of great agitation if that gesture meant the withdrawal of the protest.

"Then–then," she said very deliberately, "do this for me."

She raised her muff to hide the face that flamed scarlet. He took one step toward her, paused, struggled for mastery of himself. He remembered now that the principle–the principle that had guided him in the conduct of his office, required that he must make his decisions slowly, calmly, impersonally, with the cold deliberation of the law he was there to impersonate. And here was the woman he loved, the woman whom he had longed to make his wife, the wife who could crown his success–here, at last, ready to say the word she had so long refused to say–the word he had so long wished to hear.

"Elizabeth," he said simply, "you know how I have loved you, how I love you now. This may not be the time or the place for that–I do not wish to take an advantage of you–but you do not know some other things. I have never felt at all worthy of you. I do not now, but I have felt that I could at least offer you a clean hand and a clean heart. I have tried in this office, with all its responsibilities, to do my duty without fear or favor; thus far I have done so. It has been my pride that nothing has swerved me from the path of that plain duty. I have consoled myself ever since I knew I loved you–and that was long before I dared to tell you–that I could at least go to you with that record. And now you ask me to stultify myself, to give all that up! It is hard–too hard!" He turned away. "I don't suppose I make it clear. Perhaps it seems a little thing to you. To me it is a big thing; it is all I have."

Elizabeth was conscious for an instant of nothing but a gratitude to him for turning away. She pressed her muff against her face; the soft fur, a little cold, was comforting to her hot cheeks. She felt a humiliation now that she feared she never could survive; she felt a regret, too, that she had ever let the situation take this personal and intimate turn. For an instant she was disposed to blame Eades, but she was too just for that; she knew that she alone was to blame; she remembered that it was this very appeal she had come to make, and she contemned herself–despised herself. And then in a desperate effort to regain her self-respect, she tried to change the trend of the argument, to restore it to the academic, the impersonal, to struggle back to the other plane with him, and she said:

"If it could do any good! If I could see what good it does!"

"What!" he exclaimed, turning to her. "What good? What good does any of my work do?"

"I'm sure I don't know." As she said this, she looked up at him, met his eye with a boldness she despised in herself. Down in her heart she was conscious of a self-abasement that was almost complete; she realized the histrionic in her attitude, and in this feeling, determined now to brave it out; she added bitterly: "None, I should say."

"None!" He repeated the word, aghast. "None! Do you say that all this work I have been doing for the betterment, the purification of society does no good?"

"No good," she said; "it does no good; it only makes more suffering in the world." And she thought of all she was just then suffering.

"Where–" he could not catch his breath–"where did you get that idea?"

"In the night–in the long, horrible night." Though she was alive to the dramatic import of her words and this scene, she was speaking with sincerity, and she shuddered.

Eades stood and looked at her. He could do nothing else; he could say nothing, think nothing.

In Elizabeth's heart there was now but one desire, and that was to get away, to bring this horror to an end. She had come to save her brother; now she was conscious that she must save herself; she felt that she had hopelessly involved the situation; it was beyond remedy now, and she must get away. She rose.

"I have come here, I have humiliated myself to ask you to do a favor for me," she said. "You are not ready to do it, I see." She was glad; she felt now the dreadful anxiety of one who is about to escape an awful dilemma. "To me it seems a very simple little thing, but–"

She was going.

"Elizabeth!" he said, "let me think it over. I can not think straight just now. You know how I want to help you. You know I would do anything–anything for you!"

"Anything but this," she said. "This little thing that hurts no one, a thing that can bring nothing but happiness to the world, that can save my father and my mother and me–a thing, perhaps the only thing that can save my poor, weak, erring brother–who knows?"

"Let me think it over," he pleaded. "I'll think it over to-night–I'll send you word in the morning."

She turned then and went away.

XXVII

Elizabeth let the note fall in her lap. A new happiness suddenly enveloped her. She felt the relief of an escape. The note ran:

DEAR ELIZABETH:

I have thought it all over. I did not sleep all night, thinking of it, and of you. But–I can not do what you ask; I could not love you as I do if I were false to my duty. You know how hard it is for me to come to this conclusion, how hard it is for me to write thus. It sounds harsh and brutal and cold, I know. It is not meant to be. I know how you have suffered; I wish you could know how I have suffered and how I shall suffer. I can promise you one thing, however: that I shall do only my duty, my plain, simple duty, as lightly as I can, and nothing now can give me such joy as to find the outcome one perhaps I ought not to wish–one which in any other case would be considered a defeat for me. But I ask you to think of me, whatever may come to pass, as

Your sincere JOHN EADES.

She leaned back in her chair, and closed her eyes; a sense of rest and comfort came to her. She was content for a while simply to realize that rest and comfort. She opened her eyes and looked out of the window over the little triangular park with its bare trees; the sky was solid gray; there was a gray tone in the atmosphere, and the soft light was grateful and restful to her eyes, tired and sensitive as they were from the loss of so much sleep. She felt that she could lie back then and sleep profoundly. Yet she did not wish to sleep–she wished to be awake and enjoy this sensation of relief, of escape. After that night and that day and this last night of suspense, it was like a reprieve–she started and her face darkened,–the thought of reprieve made her somehow think of Archie Koerner. This event had quite driven him out of her mind, coming as it had just at the climax. She had not thought of him for–how long? And Gusta! It brought the thought of her, too. Suddenly she remembered, with a dim sense of confusion that, at some time long ago, she and Gusta had talked of Archie's first trouble. Had they mentioned Dick? No, but she had thought of him! How strange! And then her thoughts returned to Eades, and she lifted the note, and glanced at it. She recalled the night at the Fords', and his proposal, her hesitation and his waiting. She let the note fall again and sighed audibly–a sigh that expressed her content. Then suddenly she started up! She had forgotten Dick–the trouble–her father!

Marriott knew what she had to say almost before the first sentence had fallen from her lips.

"I'll not pretend to be surprised, Elizabeth," he said. "I haven't expected it, but now I can see that it was inevitable."

He looked away from her.

"Poor boy!" he said. "How I pity him! He has done nothing more than to adopt the common standard; he has accepted the common ideal. He has believed them when they told him by word and deed that possession–money–could bring happiness and that nothing else can! Well–it's too bad."

Elizabeth's head was drooping and the tears were streaming down her cheeks. He pretended not to see.

"Poor boy!" he went on. "Well, we must save him, that's all."

She looked up at him, her gray eyes wide and their lashes drenched in their tears.

"How, Gordon?"

"Well, I don't know, but some way." He studied a moment. "Eades–well, of course, he's hopeless."

She could never tell him of her visit to Eades; she had told him merely of Hunter's interview with the prosecutor. But she was surprised to see how Marriott, instantly, could tell just what Eades would do.

"Eades is just a prosecutor, that's all," Marriott went on. "Heavens! How the business has hardened him! How it does pull character to shreds! And yet–he's like Dick–he's pursuing another ideal that's very popular. They'll elect Eades congressman or governor or something for his severity. But let's not waste time on him. Let's think." He sat there, his brows knit, and Elizabeth watched him.

"I wish I could fathom old Hunter. He had some motive in reporting it to Eades so soon. Of course, if it wasn't for that it would be easy. Hm–" He thought. "We'll have to work through Hunter. He's our only chance. I must find out all there is to know about Hunter. Now, Elizabeth, I'll have to shut myself up and do some thinking. The grand jury doesn't meet for ten days–we have time–"

"They won't arrest Dick?"

"Oh, it's not likely now. Tell him to stay close at home–don't let him skip out, whatever he does. That would be fatal. And one thing more–let me do the worrying." He smiled.

Marriott had hoped, when the murder trial was over, that he could rest; he had set in motion the machinery that was to take the case up on error; he had ordered his transcripts and prepared the petition in error and the motions, and he was going to have them all ready and file them at the last moment, so that he might be sure of delay. Archie had been taken to the penitentiary, and Marriott was glad of that, for it relieved him of the necessity of going to the jail so often; that was always an ordeal. He had but one more visit to make there,–Curly had sent for him; but Curly never demanded much. But now–here was a task more difficult than ever. It provoked him almost to anger; he resented it. It was always so, he told himself; everything comes at once–and then he thought of Elizabeth. It was for her!

He thought of nothing else all that day. He inquired about Hunter of every one he met. He went to his friends, trying to learn all he could. He picked up much, of course, for there was much to be told of such a wealthy and prominent man as Amos Hunter, especially one with such striking personal characteristics. But he found no clue, no hint that he felt was promising. Then he suddenly remembered Curly.

He found him in another part of the jail, where he had been immured away from Archie in order that they might not communicate with each other. With his wide knowledge and deeper nature Curly was a more interesting personality than Archie. He took his predicament with that philosophy Marriott had observed and was beginning to admire in these fellows; he had no complaints to make.

"I'm not worried," he said. "I'll come out all right. Eades has nothing on me, and he knows it. They're holding me for a bluff. They'll keep me, of course, until they get Archie out of the way, then they'll put me on the street. It wouldn't do to drop my case now. They'll just stall along with it until then. Of course–there's one danger–" he looked up and smiled curiously, and to the question in Marriott's eyes, he answered:

"You see they can't settle me for this; but they might dig up something somewhere else and put me away on that. You see the danger."

Marriott nodded, not knowing just what to say.

"But we must take the bitter with the sweet, as Eddie Dean used to say." Curly spoke as if the observation were original with Dean. "But, Mr. Marriott, there's one or two things I want you to attend to for me."

"Well," consented Marriott helplessly, already overburdened with others' cares.

"I don't like to trouble you, but there's no one I like to trust, and they won't let me see any one."

He hesitated a moment.

"It's this way," he presently went on. "I've got a woman–Jane, they call her. She's a good woman, you see, though she has some bad tricks. She's sore now, and hanging around here, and I want her to leave. She's even threatened to see Eades, but she wouldn't do that; she's too square. But she has a stand-in with McFee, and while he's all right in his way, still he's a copper, and you can't be sure of a copper. She can't help me any here, and she might queer me; the flatties might pry something out of her that could hurt me–they'll do anything. If you'll see Danny Gibbs and have him ship her, I'll be much obliged. And say, Mr. Marriott, when you're seeing him, tell him to get that thing fixed up and send me my bit. He'll understand. I don't mind telling you, at that. There's a man here, a swell guy, a banker, who does business with Dan. He's handled some of our paper–and that sort of thing, you know, and I've got a draw coming there. It ain't much, about twenty-five case, I guess, but it'd come in handy. Tell Dan to give the woman a piece of it and send the rest to me here. I can use it just now buying tobacco and milk and some little things I need. Dan'll understand all about it."

"Who is this swell guy you speak of–this banker?"

Curly looked at Marriott with the suspicion that was necessarily habitual with him, but his glance softened and he said:

"I don't know him myself. I never saw him–his name's Hunt, no, Hunter, or some such thing. Know him?"

Marriott's heart leaped; he struggled to control himself.

"Course, you understand, Mr. Marriott," said Curly, fearing he had been indiscreet, "this is all between ourselves."

"Oh, of course, you can depend on me."

He was anxious now to get away; he could scarcely observe the few decencies of decorum that the place demanded. And when he was once out of the prison, he called a cab and drove with all speed to Gibbs's place. On the way his mind worked rapidly, splendidly, under its concentration. When he reached the well-known quiet little saloon in Kentucky Street, Gibbs took him into the back room, and there, where Gibbs had been told of the desperate plights of so many men, Marriott told him of the plight of Dick Ward. When he had done, he leaned across the table and said:

"And you'll help me, Dan?"

Gibbs made no reply, but instead smoked and blinked at Marriott curiously. Just as Marriott's hopes were falling, Gibbs broke the silence:

"It's the girl you're interested in," he said gruffly, "not the kid." He looked at Marriott shrewdly, and when Marriott saw that he looked not at all unkindly or in any sense with that cynical contempt of the sentimental that might have been expected of such a man, Marriott smiled.

"Well, yes, you're right. I am interested in her."

Gibbs threw him one look and then tilted back, gazed upward to the ceiling, puffed meditatively at his cigar, and presently said, as if throwing out a mere tentative suggestion:

"I wonder if it wouldn't do that old geezer good to take a sea-voyage?"

Marriott's heart came into his throat with a little impulse of fear. He felt uneasy–this was dangerous ground for a lawyer who respected the ethics of his profession, and here he was, plotting with this go-between of criminals. Criminals–and yet who were the criminals he went between? These relations, after all, seemed to have a high as well as a low range–was there any so-called class of society whom Gibbs could not, at times, serve?

"Let's see," Gibbs was saying, "where is this now? Canada used to do, but that's been put on the bum. Mexico ain't so bad, they say, and some of them South American countries does pretty well, though they complain of the eatin', and there's nothing doing anyway. A couple of friends of mine down in New York went to a place somewhere called–let's see–called Algiers, ain't it?"

Marriott did not like to speak, but he nodded.

"Is that a warm country?"

"Yes."

"Where is it?"

"It's on the shores of the Mediterranean."

"Now that don't tell me any more than I knew before," said Gibbs, "but if the climate's good for old guys with the coin, that's about all we want. It'll make the front all right, especially at this time o' year."

Marriott nodded again.

"All right, that'll do. An old banker goes there for his health–just as if it was Hot Springs."

Gibbs thought a moment longer.

"Now, of course, the kid's father'll make it good, won't he? He'll put up?"

"Yes," said Marriott. He was rather faint and sick about it all–and yet it was working beautifully, and it must be done. Even then Ward was pacing the floor somewhere–and Elizabeth, she was waiting and depending on him. "Shall I bring you his check?"

"Hell, no!" exclaimed Gibbs. "We'll want the cash. I'll get it of him. The fewer hands, the better."

Marriott was wild to get away; he could scarcely wait, but he remembered suddenly Curly's commissions, and he must attend to them, of course. He felt a great gratitude just now to Curly.

When Marriott told Gibbs of Curly's request, Gibbs shook his head decidedly and said:

"No, I draw the line at refereeing domestic scraps. If Curly wants to go frame in with a moll, it's his business; I can't do anything." And then he dryly added: "Nobody can, with Jane; she's hell!"

XXVIII

One morning, a week later, as they sat at breakfast, Ward handed his newspaper across to Elizabeth, indicating an item in the social column, and Elizabeth read:

"Mr. Amos Hunter, accompanied by his daughter, Miss Agnes Hunter, sailed from New York yesterday on the steamer King Emanuel for Naples. Mr. Hunter goes abroad for his health, and will spend the winter in Italy."

Elizabeth looked up.

"That means–?"

"That it's settled," Ward replied.

She grew suddenly weak, in the sense of relief that seemed to dissolve her.

"Unless," Ward added, and Elizabeth caught herself and looked at her father fearfully, "Hunter should come back."

"But will he?"

"Some time, doubtless."

"Oh, dear! Then the suspense isn't over at all!"

"Well, it's over for the present, anyway. Eades can do nothing, so Marriott says, as long as Hunter is away, and even if he were to return, the fact that Hunter accepted the money and credited it on his books–in some fashion–would make it exceedingly difficult to prove anything, and of course, under any circumstances, Hunter wouldn't dare–now."

Elizabeth sat a moment idly playing with a fork, and her father studied the varying expressions of her face as the shades came and went in her sensitive countenance. Her brow clouded in some little perplexity, then cleared again, and at last she sighed.

"I feel a hundred years old," she said. "Hasn't it been horrible?"

"I feel like a criminal myself," said Ward.

"We are criminals–all of us," she said, dealing bluntly, cruelly with herself. "We ought all of us to be in the penitentiary, if anybody ought."

"Yes," he acquiesced.

"Only," she said, "nobody ought. I've learned that, anyway."

"What would you do with them?" he asked, in the comfort of entering the realm of the abstract.

"With us?"

"Well–with the criminals."

"Send us to the penitentiary, I suppose."

"You are delightfully illogical, Betsy," he said, trying to laugh.

"That's all we can be," she said. "It's the only logical way."

Then they were silent, for the maid entered.

"Have we really committed a crime?" she asked, when the door swung on the maid, who came and went so unconsciously in the midst of these tragic currents. "Don't tell me–if we have."

"I don't know," said Ward. "I presume I'd rather not know. I know I've gone through enough to make me miserable the rest of my life. I know that we have settled nothing–that we have escaped nothing–except what people will say."

"Yes, mama, after all, was the only one wise enough to understand and appreciate the real significance."

"Well, there's nothing more we can do now," he replied.

"No, we must go on living some way." She got up, went around the table and kissed him on the forehead. "We'll just lock our little skeleton in the family closet, papa, and once in a while go and take a peep at him. There may be some good in that–he'll keep us from growing proud, anyway."

Ward and Marriott had decided to say as little to Elizabeth as possible of their transaction. Ward had gone through a week of agony. In a day or two he had raised the little fortune, and kept it ready, and he had been surprised and a bit perturbed when Gibbs had come and in quite a matter-of-fact way asked for the amount in cash. Ward had helplessly turned it over to him with many doubts and suspicions; but he knew no other way. Afterward, when Gibbs returned and gave him Hunter's receipt, he had felt ashamed of these doubts and had hoped Gibbs had not noticed them, but Gibbs had gone away without a word, save a gruff: