The Death Penalty: a modern story

Chapter I

One afternoon, late in August, Phœbe Stoths, the old housekeeper at Charlecote Hall, was busy dusting the furniture in the oak-pannelled dining-room. She was a singular mixture of secrecy and loquacity, loyalty and selfishness. In her forty years of service at the Hall she had risen from nursemaid to sole charge of the establishment which she had lived to see reduced. Her master, now young Humphrey Trafford, the last surviving representative of an old county A family, was an orphan, and having come into possession of his estate suddenly in his youth by the decease of his father, Admiral Traf ford, intestate at the time this story opens, was already far advanced on the road to ruin. " I can't make it out," muttered the old woman, as she busied herself pulling up the blinds and generally preparing the room for visitors ; " I'm that racked thinking of Mr. Humphrey's goings on I don't know what to do.

It will be hard, very hard, if I am to lose in my old age the reward of long service. Yes, I've been true to my trust, as I promised the admiral. But all his cautious foresight will have been thrown away if things don't improve here soon. Don't I know the place is mortgaged to that fellow Morris the London Jew, who is always flying backwards and forwards ? And then what will become of me ? I know I shall lose my place, but still I am powerless. The last thing I've found out is that Mr. Humphrey has taken up with the handsome London widow who came down two months back and took the curate's cottage in the village. They're to meet to-day here by appointment. It's very strange, and I hope it's lawful. Now I think of that, I have my doubts ; she's very handsome — Phœbe's suspicions were here cut short by the entrance of a tall, dark, handsome young man of thirty, whose black hair and moustache lent a stern expression to a face which was not without a certain gipsy beauty.

" Hulloa ! you here, Phœbe?" said the young squire of Charlecote, throwing his eyes with a sweep round the apartment ; " I thought I told you I wished to be left alone this afternoon ? " "Certainly, sir, certainly," replied Phœbe. '' I was but just putting things straight ; the room has been shut up so long it was not fit—" " Enough, old lady, enough ; of course I know you were only carrying out my orders. Has no one called yet ? " " No one, sir, since you left to drive Mr. Morris to the station." "Very well; now mind what I say, Phœbe. I've told you matters are a bit pinching. You are not to discuss my affairs with anyone." " Not for the world, sir. How could you think I should so forget myself? " " Very good ; you know I tell you everything, so please remember you know nothing ; absolutely nothing."

"As you wish, Mr. Humphrey; I always obey, even if I don't understand." " You're services shall be rewarded when my ship comes in, Phœbe. You can leave me now. Humphrey Trafford watched his old servant pass noiselessly out of the door, and then immediately went to a French casemented window and threw it wide open, disclosing a pretty vista across an old-fashioned garden-lawn, ornamented by a finely-sculptured fountain in the middle, and to which access could be gained over a stone terrace on a level with the window-sill. Humphrey Trafford had only that morning arrived from London with Morris, and the beautiful effect of the old wild garden, in picturesque neglect, reproached his sight as he gazed upon the playground of his youth. Old memories appealed to him ; he was on the eve of a great crisis.

"Hang it all ! I can't help it," he said bitterly, turning on his heel as if assuming a self-accusation. " I didn't fashion my cursed ill luck. I haven't done more than I was forced to. Really and truly, by the bones of my ancestors, I once had ambition and pride. How did I become disgusted with life ? Of course my mother's Puritanical views and preference for my brothers helped. Then, the admiral, who I now know could not have been a Scipio or a Joseph in his young days, was for ever and ever calling me to book for small peccadillos, punishing me for what I could not understand, humbling me, humiliating me, degrading me. Yes. Alas ! poor old handsome face," said Trafford, raising his eyes to a picture, " I might have been spared some of those tropical showers of your abuse. I believe the first word of two syllables I ever learned, as a boy, was blackguard.

I was always a blackguard, always a ne'er-do-well, always a miserable young hound compared to any other youth in the country. What wonder my spirit was broken ? What wonder I believed myself at last a confirmed constitutional blackguard ? What wonder I was driven within mvself taught to deceive, taught to hate every body as well as my d moralised self? Now let the saints pick my bones if they can. Now ! I am what I am, and it's damned folly looking back. A curse on all ancient spectres ; I shall play the part I was taught, stick the whole game out, if I lose from start to finish. I am afraid this Morris business is bad, likely to be the finishing touch, unless — ah, unless — an angel, in the shape of Laura, saves me. She can do it ; but will she ? Just as I received no mercy, I shall give none.

She must! It will be an awful wrench. I can't help myself ; and still I will own, too, I have found something is missing between us after our two years' acquaintance. It was all very well when I had plenty of money and no time to think. Yet, I suppose there is another reason. Perhaps I have met modesty for the first time. Ethel Martin, when I left home on my travels, two years ago, was a beautiful flower, and what is she now ? a beautiful creature ? Ah, I daresay she'll end by being a beautiful devil, just to complete the woman's series of life." Thus lashing himself under a sense of long-felt injustice into a passionately des perate frame of mind, Humphrey Trafford paced the room. His fitful retrospect was not inspiriting. A great danger loomed ahead. He knew Laura Lindsay was devoted to him, and he intended to make use of her loyalty.

He had come down expressly to see her and put her to a terrible test. Two years ago they had met in London, and he deceived her. He was then practically a ruined man, but had resorted to any means rather than confess his circumstances. In the first flush of fascination he was carried away, and, like every gambler, he had plunged viciously and dishonestly, and trusted to fortune to cover his indiscretions. It soon failed him, and he had recklessly borrowed a large sum of money on his estate from one Morris, a Jew. That by itself might have been justifiable ; but the mortgage to Morris was a fraud. Because Trafford had already fully mortgaged his property to a farmer in his own neighbourhood. Of course Morris had taken the young squire's statement as true when he said his estate was uncharged, and, of course, Trafford knew the day of reckoning must come sooner or later.

He had hoped by paying the interest regularly to escape an exposure of his crime, and that plan had sufficed for a time until he had lost all his money racing. Then Morris began to press for arrears, and Humphrey Trafford saw prison staring him in the face. From this crisis of his affairs Trafford had thought out and planned a deep scheme of escape. No one knew in the country of his liaison with Laura Lindsay. And as the first necessary step Trafford had sent her down to his own village of Charlecote and made her take the curate's cottage there for a term. In doing this he had a secret motive. The key to the position rested in the fact that old Joseph Martin, a farmer and widower, lived in Charlecote village, and was THE DEA TH PENALTY. 11 the holder of the first mortgage on Charle cote Hall.

It was Trafford's scheme to induce Laura Lindsay to marry the farmer and obtain the mortgage deed as her marriage settlements, with the purpose of handing it over to him, that he might destroy it. At present Laura Lindsay was in complete ignorance of the mine at her feet, or the attempt to be made to trade on her affection by Trafford. She had simply obeyed orders and gone to Charleton village incognito. So far all had worked well for Trafford, and it only remained to unmask himself to Laura Lindsay. This was the sole object of his flying visit to the Hall, and a message had been sent by Phœbe to Mrs. Lindsay making an appointment. This meeting was on the tapis as Trafford anxiously waited her coming in the diningroom at the Hall. Trafford was too artful a schemer to put the whole truth down and bluntly ask the question, " Will you do this for my sake ?

" He had invented a counterpoise. He de termined to pretend to Laura Lindsay that he was about to marry in order to extricate himself from this threatening mortgage. This would give him the opening of offering to make a sacrifice of his intentions in return for any sacrifice on Laura Lindsay's part. A feature of his attitude was his absolute callousness as far as Laura Lindsay was con cerned. Their attachment had always had a bad foundation, and now Trafford, as hinted before, had become enamoured of pretty Ethel Martin, old Joe's only child. In prosecuting his designs there, Trafford determined to be guided by events. He argued to himself as a last resource he might do worse than marry Ethel Martin himself, and so secure immunity from attack on the score of the farmer's mortgage. Trafford had just run through all these probabilities finally, and made up his mind to act fearlessly and unscrupulously, when Laura Lindsay entered the room.

She was a beautiful blonde with a perfect expression of devotion marked in the softer lines of her full lips and face. Sympathetic to a degree you would say at sight, until you caught the expression of her steady, purpose ful, deep blue eyes. It was a difficult face to read, for she was not all weakness although she looked it. When she entered the room her face was radiant with joy. But Trafford had just thrown himself into a chair, and did not move or speak. Under a cloud of disappointment she stood at the doorway in silence, holding the door open, with her eyes fixed reproachfully upon him. " Humphrey," she said, in a low voice full of suppressed emotion, " how can I greet you, with smiles or tears ? " Then she slowly raised both her arms and half turned her head away as if expect ing him to rush to embrace her.

He did not even rise from his chair. " Hulloa ! hulloa ! that you, Lorrie ? What are you waiting for ? I knew you'd come," he called out, stooping forward to lift one leg off the other with an affected effort of pain. " You knew I'd come! Is this the way to welcome me?" said Laura querulously, with a dreadfully disappointed look on her face, advancing slowlv tow7ards him. "Ah, spare me your grumbling," he cried, " I've awfully seedy-rheumatism in my bones." In a second she was at his side, kneeling. " Oh, forgive me, dearest ; I'm so sorry. Don't move, one kiss for your little girl." But he repelled her with the remark : " For goodness sake, sit down quietly, child." "Humphrey," she asked tenderly, "are we not looking into each others eyes ? " " No," he answered coldly, " I was look ing into the fireplace, and wondering what can make it so hot."

" I think you're too cool. " No, no ; do have patience ; you don't understand. I've got a feverish cold, in fluenza grip," he rejoined petulantly. " Then grip me, do," said Laura, with a laugh, evidently not attaching much import ance to his ailments. "Oh, I'm going to faint ! Humphrey, darling, catch me, I shall fall," she exclaimed suddenlv. But he was not to be lured from his position by the ruse. "Don't play the fool," he said shortly; " I'm not in the mood." " Ah, well, I don't quiver long. Don't excuse yourself," she said snappishly, turning away; "I see you're beastly ill; quite a malig nant cold possesses you." " It's all very well trifling. My rheumat- )j ism — But he was not allowed to finish his re mark ; Laura Lindsay's whole aspect changed as she turned and interrupted him contempt uously.

" Is more than half rumour. What did you send for me for ? Better have kept me imprisoned for another two months in this rural asylum, starved with stupid letters and vague telegrams. Why was I sent down here so mysteriously to take the curate's HE DEATH PENALTY. 17 cottage ? Answer me, you big Arctic bear." " Oh," he replied coolly, laughing, " a change from London does you good. Haven't you amused yourself? " "The change is driving me mad, and as for amusement, I don't care to go roaming over the fields like a wild bee looking for honey." "Well, if you must know, I had an object in sending you down here," Trafford remarked, rising for the first time and shuffling further off. He saw the time had come to push his scheme forward. " Oh, and well, what is your precious object?" Laura said, seating herself wearily in an arm-chair.

" Have you carried out my instructions ? " " Implicitly to the letter. No one has the least suspicion I know you ; I have never mentioned your name." B " Even this visit is clandestine, although it doesn't seem like it?" answered Laura, shrugging her handsome shoulders. "What about the Martins? Have you cultivated their acquaintance ? " " On every possible occasion ! I teach the girl music ; and old Joseph not to imagine he's five-and-twenty." " Oh, he admires you then ? " " Most inconveniently." " Well, to return to your question. I've come down expressly to see you, Laura, I am sorry to say, to give you bad j) news. " Bad news ! from where ? Have you sold up the flat ? lost money ? what ? " she exclaimed breathlessly. " Ah ! " said Trafford, measuring his words, " I had thought to have put off this, but Morris has forced my hand to-day.

He left me this an hour ago ; read it," he said, calmly handing her a paper. Laura Lindsay was startled by his un accustomed manner of hopeless unconcern. She took the paper quickly and read out its contents — " ' i Lincoln's Inn Fields, W.C. Take notice our client, Mr. Moses Morris, demands foreclosure of his mortgage on Charlecote Hall estate. Yours obediently, Stubbs & Hill.' What's foreclosure?" she asked. " I suppose it's not a term of endearment exactly. Aren't those people always shooting at you ? " " Foreclosure means for the first time the Jew has gone the length of a notice to sell me up. I shouldn't care if that was all there was on the cards. Oh, Laura, Laura, we must prepare for a great change. You don't know, and how shall I confess the extent of my distress ? " exclaimed Trafford with well-simulated alarm as he took her hands in his and fixed his eyes in a glassy stare on her troubled countenance.

" You've something to divulge Hum phrey," said Laura, in a voice softened as if it passed through inner tears. " Speak out like a man, you owe me the truth I think, dear." That word showed him he was already half forgiven. He dropped her hands and walked away from her, hiding his face as he raised his coat-sleeve a moment to his eyes, and said in a broken voice, "I'm a ruined man." "Ruined! what, a bankrupt, I suppose?" " No, I'll be candid. Listen, Laura. When I met you two years ago I hadn't a feather to fly with, not I could raise. Don't look surprised. I could not let you go ; there were circumstances which bound me PENALTY . 21 in honour to stand by you. You know to what I refer. Pray be calm. I was forced to find money immediately. I do not think I ever refused you anything in those happy days.

Ah, well, to cut it short, I raised ,£4,000 on mortgage of my small property here from that fellow Moses Morris. Remember I did this because I loved. You gave me happiness, brought me luck, and that money has been spent three times over during our friendship. Now comes the reverse of the picture : everything has failed ; fortune has deserted me ; I am a beggar again." Laura had listened to him with halfclosed eyes, patiently silent, now she rose and went towards him. " Humphrey, old boy, I don't care if you are a beggar ; so am I ; it will be easy to share," she said, laying her head on his shoulder, and embracing him tenderly. PENAL TY. . " Quite easy," he replied, disengaging himself; "but that's not the worst, I shall have to — " " I shall be glad if you give up racing and cards," she prompted, as he hesitated.

" But what do you say if I have to give myself up to the law ? " he said suddenly. " The law ! the law ! " she muttered, bewildered. " Prison stares me in the face," he added bluntly. "Ha, ha, ha! so do I," she laughed. " Can't you look the other way ? " "Are you mad or callous to my fate? I tell you the mortgage Morris holds is a fraud ; yes, a big fraud, and I am a felon." She shrank back with an involuntary shudder, and exclaimed : " Oh, no, no ! impossible ! you're joking." " Hear me," he said, taking her arm fiercely, "I was never more serious in my life. There was a mortgage on my pro perty before Morris's, of which he knows nothing. The first step he takes to realise, everything will come out. He will prosecute me. In the flush of the moment when I first met you, saw you, as it were, drifting from me, I was mad beside myself.

I swore to Morris, and he has it in the bond, I had charged nothing. Morris thinks he holds a sound security. I tell you his bond is not worth the paper it is written on. Do you see my position now ? " "It sounds very awful. What can we do ? " she murmured. " There is only one way out of it — prevent Morris finding out the first mortgage by taking it up. At all hazards the holder of that deed must give it up. I must have it by any means." " Who holds this terrible instrument ? " inquired Laura, realising for the first time the danger. " Joe Martin, the farmer in the village," he replied, scanning her face. " Good heavens ! what a predicament. A great friend and admirer of mine already by his own account." " I wish he were a greater," said Trafford shortly. "Why?" " Because events might shape so that your personal influence could release me." '' Oh, he worships me ; indeed, he has been as good as to say so impudently often."

Trafford eyed her closely. He saw Laura was already trembling with excite ment, and he knew the thin edge of the wedge was but introduced vet. " I dare not trust myself to suggest," he said desperately, stopping short. " What ! you're not foolish enough to be jealous ? " Laura exclaimed, noticing his signs of agitation. " I wish I could be jealous." " Humphrey, you're not nice at all ; I don't understand you. Do you know you're very much changed? " she exclaimed. "Changed!" he broke in, "the mercy is I'm not dead with this charge hanging over me. How can I explain ? It would be folly to hide anything. Laura, al! is over be tween us," he cried theatrically, putting his hand to his head as if he feared it would burst. " Why, is this necessarily so ? " she rejoined calmly. " You know I love you and will stick to you through thick and thin.

I will do anything you think best. How can you doubt me ? I do not count my womanhood so cheap that I cannot do anything for the man I love," she said bravely. You won't blame me for being blunt ? The blunter the better." " Very well, Laura, the die is cast. If we are to remain together you must give me leave to arrange your, marriage." " Marriage! joy overcomes me. My heart's full. Your old promise redeemed. Oh, my sweetheart, you take me by surprise," she exclaimed with animation. " You make an awful mistake, I cannot do as I would gladly. For the present I can only be the consideration for the contract. Another must be my proxy." " More mystery ; why will you drive me mad ? " " The time has come, I must put it to the touch," thought Trafford. He had long been waiting for an opening, and now began to unfold his plans.

" You know what I have at stake — my liberty, my honour, yourself ; but you do not know all. I must have monev from some where to take up Joe Martin's mortgage. Do not drive me to accept it elsewhere on terms I would repudiate for your sake. This is why I have ventured to give you a choice now. There is a certain rich lady in London who will provide me with this money I want, but at a price. Her condition is my com plete undivided sole personal surrender ; in fact, marriage with me pure and simple." " Pure and simple ! It shall not be," ex claimed Laura with flashing eyes. " It's money or prison. " Show me the way to do without either," Laura said in cold, hard tones. THE DEA TH PENALTY. "Your own marriage to another, nominally, that's to say," he replied. Laura was dumbstruck for a moment, and then answered with smothered passion : " You ask this — you ?"

" I make a sacrifice in giving up my rich intended ; you make a sacrifice and marry the holder of my first mortgage. A sacrifice for a sacrifice. The odds are even," he said, coolly, holding out his hand with a shrug of his shoulders which implied convic tion. "Even infamous Humphrey Trafford," she answered slowly, in subdued anger. " I begin to feel your meaning. Your words take the life out of me. I am crushed, torn asunder. You cannot mean I should marry Joseph Martin ? ' The bolt had fallen mercilessly. Laura sank back in a chair with a deep sob of anguish. Trafford at once sprang to her side. " Dearest, marriage only in name, mind — think. He would give you the mortgage deed I fear, for your hand." "Oh, don't! don't! You pierce my heart," she sobbed. But Trafford proceeded ruthlessly : "It could be arranged that in consideration of his marriage Martin should settle this mortgage deed upon you.

You would have to see lawyers were dispensed with, and as soon as you had the deed you would give it me. Come, for my sake, accept ? " Laura's breast heaved with emotion. She had listened quietly as his words stabbed her to the heart. " Oh, enormity ! " she gasped out. " Is my lover speaking or some monster ? " " Your felon, since you condemn me. My life, my love is in your hands. Destroy both if you will." "Oh, heavens ! be merciful," she groaned. " I cannot consider all now. What did you mean by marriage nominally ? " "It would be nominal, because you would be bound to nothing for no time." " I don't understand." "You understand the chief objection is sentimental on my account." "And you," she asked plaintively, "what would you do ? " "You could still be mine," he replied, " to all intents and purposes."

In an instant Laura had risen to her feet. "I scorn the proposition. Never, never! " she cried vehemently, as she almost stag gered across the room to the window for air. "There is no proposition," he said in reassuring tones. " Please follow me. The law is accommodating. Marriage is by law a paper union, divisible at w7ill ; since the judges have ruled conjugal rights can never be enforced." " I don't know what you mean by con jugal rights," she pleaded in her distress. " Oh, they are nothing to be afraid of. A kind of local option which gives you the right to deny others privileges you can't enjoy yourself. You could do just as you please. There you are in two words. Don't think me unkind or in a hurry, but I must have your answer. The question is vital, instant, momentous." " You ask me to take up this responsibil ity, Humphrey ; you whom I thought so proud ; you, my lover?

Oh, it is too much." " You would not have me taken up by my own responsibility. I hope you know what that is. I am forced to it. I have no choice." "And if I refuse?" she inquired wildly, looking into his set face for a sign of relenting. " The penalty is double-edged," he replied calmly. " You would leave me for that woman ? " " Precisely." " And if I agree to this infamy, where is my escape ; how do I recover you and freedom ? " " I will release you the first moment my affairs are ransomed by your heroism. I would arrange to take you away. None should stand between us. Paris in eight hours, what you will. Marry you as soon as I could. At all events, I would endeavour to show my gratitude by the devotion of my life to your happiness. And in the coming by and by we would both THE DEA TH PENAL T Y. 33 recall with heartfelt thanks our mutual sacrifice in a time of need."

Laura listened to the easy flow of his words as one by one they were rolled out. The true ring seemed to be wanting. Doubt gave way only to doubt, and would not be denied entertainment in her mind. She turned to where he stood, the picture of expectancy. "You've long considered this scheme," she said, searching his face. " It's not fair to spring it at the last moment on me." Her eyes swept from right to left and back again fearfully. A stream of mistrust carried away her faith. "It was for your sake I put it off to the last moment," he said. "As to considering it, waking or sleeping my thoughts have been one continuous torture that we must part, Laura. Long-considered — I assure c you I have calculated even the exact size of a prison cell and a pistol bullet." " You must excuse the victim going slow," she said with a deep sigh of nervous ex haustion.

" I must weigh motives. Given away by her lover! Ha, ha, ha!" she laughed hysterically. " Given away by her lover ! how will that read ? " Trafford saw his scheme had been too long suspended. He was no coward, and determined to force the issue. The assumed levity was a dangerous sign. " There is no time for trifling," he ex claimed abruptly. " Why cannot you be guided by your heart without thinking ? I have pleaded to you, I have spoken solemnly. Before you leave this room, decide! If you won't go through a mere form for my sake I know the worth of our friend ship." " Until to-morrow, if you love me, give me grace. How can I — " "Now or never, your answer," he said firmly. Laura was silent. A cold tremor had come over her. She lay back trembling in a chair with a hectic flush on her pale face, and breathed heavily.

Trafford resumed the attack. " Give me your answer," he said quietly. Then a thought seemed to strike him. " My steward George has an appointment with me here in a few minutes. It will not do for us to be discovered tete-a-tete. He would suspect something wrong. He calls you the hand some London woman." This expression, carelessly made, roused Laura from her dark thought struggle. In a measure it decided her course. She thought it discourteous. " I do not care what your steward calls me," she exclaimed contemptuously, rising as she quite recovered her spirit. " I am myself despite what you made me. I'm driven wild with your cool remarks. It is not seemly. I shall take no hasty step. You are dealing with flesh and blood. Humphrey," she continued in an altered tone, ' ' I have laid at your feet all I had to give.