A conflict of evidence

Contents

I. The Crime

II. Seeking for Clues

III. Footprints in the Snow

Chapter I. The Crime

" It 's my opinion they won't catch him. Marvel 's no fool, if he is hot headed, and he knows enough to keep under cover now that they are after him."

" That 's all right, Everly, and, as you say, I guess Marvel can hide away well enough. But what I want to know is, what 's he got to hide for? He an't done nothin' as I can see, 'cept to fire off his pistol when he was mad as thunder."

"And right he was, too," said another lounger in the saloon where this conversation occurred. " I say any man of grit would have done the same. Why, did n't the old man try to disgrace him right before his sweetheart and a lot of girls ? "

"Well, anyway," said the store-keeper, removing his pipe to speak, " smart or fool, I guess they '11 get him. I hear as how the Squire is terrible cut up about this thing, and he 's sent down to Boston for a regular detective."

" The Squire 's sent to Boston for a detective ? " said Everly. " I would n't have believed that the Squire would do such a thing. To set a spy on the track of one of his neighbors ! Why, it 's disgraceful ! "

Over in the corner, on chairs drawn up close to the stove, sat two strangers. They had arrived in Lee, that morning, and after taking drinks at this the only tavern in the town, had apparently set about getting warm. The elder of the two here ventured a remark.

" Gentlemen," said he, " if you '11 pardon the curiosity of a stranger, I 'd like to ask you what crime this young man has committed ? "

A pause followed, whilst the strangers became the object of a close scrutiny by all present. Finally, Will Everly stepped forward, and looking his interrogator steadily in the face, said :

" I am Will Everly — Walter Marvel's friend. Before I answer any of your questions I must know who you are, and why you wish to know this story."

"Your talk aroused my curiosity," said the stranger.

" Will you deny that you are a detective ? " Everly eyed his man closely, but not a sign indicated that the question had caused surprise. He was disappointed, for he had expected him to be disconcerted. The reply was simple.

" I shall not deny it, for I never lie." He handed Everly a card upon which was neatly engraved :

" John Barnes. Detective. Boston."

After reading it, conciliated by the detective's honesty, Everly said :

" I thank you for your candor. I suspected you, for we seldom have strangers in Lee. As I am Marvel's friend, and as you have come here to make trouble for him, you will pardon me if I give you no information which will be of use to you."

" No need, young man ; we '11 get along well enough without you ! " Everly recognized the voice of Squire Olney, who had just entered, and he turned away. The Squire shook Mr. Barnes cordially by the hand, saying :

" You are Mr. Barnes, the man sent down by the Pilkingtons, I presume? I am glad you are so punctual. I expected to find you here, as I received a dispatch from your chief last night. As soon as you are ready, I shall take you up to Mr. Lewis's house,

4 A CONFLICT OF EVIDE>TCE.

for it is in connection with his affair that I sent for

it you.

" I am ready to go with you at once," said Mr. Barnes in an undertone ; " but first, let me introduce to you my friend Mr. Burrows. He is a young man in whom the chief is interested, and he works with the older men that he may acquire experience. He is a beginner, but he is shrewd, and promises to become a first-class detective."

Burrows arose, and the Squire shook hands with him, whereupon the three men exchanged a few words in an undertone. Meanwhile, another stranger appeared upon the scene. This was a man dressed in the garb of a sailor. He ordered a hot drink, for which he paid in advance. Then he asked one or two questions, whereupon the store-keeper called out :

" I say, Squire ! Here 's a man you may as well see."

Thus summoned, the Squire left the detectives and approached the new-comer.

" Well, my man," he asked, " what can I do for you?"

" My name is John Lewis," was the reply. " I have been at sea for several years, but have at last reached home again ; or rather I should say my father's home, for this is my first visit to Lee. I was asking to be directed to my father's house, when this gentleman told me that you are about to go there, and might be willing to take me with you."

" I shall be delighted to do so," said the Squire, offering his hand to Lewis in cordial recognition. " I have often heard your father speak of you, and as I know that he loves you and longs for your return, it will be a pleasure to me to restore his son to him."

"You can't think how your words gladden me," said Lewis, apparently overcome by emotion. " I ran away from home when I was a youngster ; and now that I have come back it is good news to hear that a welcome awaits me."

" Welcome ? Yes, indeed ! Your father has often said to me that he would cheerfully forgive your foolish escapade, if you would but return. But come, we must start at once. I have business of importance, with your father, this morning, and I am taking a detective with me, to his house."

" A detective ? " exclaimed Lewis. He seemed startled, and Tom Burrows who was watching him, noted that he glanced hurriedly around the room, his eyes resting finally upon Mr. Barnes and himself.

" Oh, you need not to be alarmed," said the Squire, observing his agitation, " it is in your father's interest that I have brought a detective from Boston. \ will explain as we go along."

"You must excuse my being startled," said Lewi:", "but it rather astounded me to hear that you were taking a detective to my father's house. At the instant, the absurd, but horrible idea, entered my brain that you meant to arrest him."

Tom Burrows thought it a significant fact that at the mention of the word detective, Lewis's eye should have sought the very men who were detectives. When he imparted this suspicion to Mr. Barnes, the latter suggested that possibly Lewis had seen them before, and that their faces attracted him, because he partly recognized them. Subsequently he learned that Lewis had seen them that same morning, on the train, but had reached Lee after them, because he had walked from Newmarket, whilst they had taken the stage.

Without further conversation the four men started on their way towards the home of John Lewis. As they walked, the Squire enlightened them upon the affair which had necessitated the presence of a detective.

"This business," he began, "is particularly unpleasant, because the best people in the town are mixed up in it. John Lewis came to Lee, fifteen years ago, bringing with him a little girl, then about six years of age. Virginia, she is named, though her intimates call her Virgie. We knew nothing of

Lewis, but he appeared to have money, for he bought Riverside farm, on which he has lived ever since. He made friends rapidly as the town's-people came to know him, and he was reckoned an acquisition. The girl was not his own child, he explained, but an adopted one, the daughter of his sister, who had died. He mentioned having a son," the Squire here addressed Lewis, '' but we never saw you. How was that?"

" When my father came to Lee," replied Lewis, "he left me at a military academy in New York; but I chafed under the restraint, and one day, very foolishly, ran away, and shipped for a voyage to China."

" Ah ! That explains matters. About five years after Lewis settled here, the Marvels came. At first it was only for the summer months, but finally they bought a place, and since then have been permanent residents. Naturally young Walter Marvel — an only son — met Virgie, and, from boyhood, he has been attached to her. But whilst she has not rejected his attentions, she has never acted so that any one, even her most intimate friends, could be sure that she loved him. There are two others connected with what I am about to tell you. Alice Marvel, Walter's sister, and Harry Lucas, Walter's friend, currently supposed to be in love with Alice, though there are some who claim that, were it not for the friendship between him and Walter, Lucas would court Miss Lewis himself. That is probably only gossip. However, these four young people are fast friends.

" They are constantly together, and are partners in many enterprises of a social or charitable nature. Another fact which has a not unimportant bearing upon the subsequent events, is that all four of these young people are expert shots with a pistol. Some two or three years ago, a circus appeared in this neighborhood, the star attraction of which was a young girl who was wonderfully clever with a pistol. Virgie declared that she too could learn to shoot, and the result was that pistols were bought, and, I may say, a sort of shooting-club was formed, though only these four were members.

" Recently, Virgie attained her majority and arranged to celebrate it with a festival for all of her friends. As it was during the nutting season, the guests were invited to come for the day, the many nut trees near the river banks promising occupation to those who cared for that sort of amusement, whilst tennis-nets, and croquet were set upon the lawn. In addition, it was announced that there would be a shooting-match in which all could take part.

"All went merrily during the morning, and a sumptuous dinner, served upon tables in the open air, had been enjoyed by all, after which the party dispersed about the farm in small groups. I was sitting on a bench chatting with Lewis, when Virgie and Walter Marvel approached. The latter asked permission to speak to Lewis privately, and I therefore walked a little way from them with Virgie. At the time, I had no idea of Marvel's object in seeking the interview with Lewis, and was startled a few moments later to hear them talking in angry tones ; but that you may better understand the affair I will relate just what occurred, as it was told to me afterwards, by Lewis himself.

" It appears that the shooting-match that day had a greater prize at stake than the trophy which had been offered. Marvel had asked Virgie to be his wife, and begged permission to speak to her adopted father. With a smile, and womanlike, desiring to keep him in suspense as long as possible, her reply had been : ' Beat me at the target and you may speak to father.' This he had accomplished, though by only a single point, and it was to ask for the hand of Virgie that he had impatiently sought the private conversation with Lewis. Lewis confessed to me that he had not suspected that there was any attachment between them, and he was therefore surprised by Marvel's request. He asked whether Virgie had given her consent, and receiving the affirmative reply, after a moment's hesitation, he informed Marvel that he would not sanction his suit. Marvel of course urged his cause, and Lewis made some angry remarks which at last were loud enough to attract my attention. Virgie and I then went quickly towards the two men, and others did the same, so that when the finale came there was quite a crowd of people about us. As we approached, Marvel said hotly :

" ' Virgie, Mr. Lewis refuses his consent, and will not give his reasons ! '

"'Why do you object — uncle?' asked Virgie. She strongly emphasized the word 'uncle,' a title by which she had never addressed him before. This incident will give you an insight into that girl's character; cool, self-possessed, and withal wilful and determined ; though by wilful I do not mean that she is unrestrained by reason, but rather that once having formed a project she will carry it into effect at any cost. For a moment Lewis seemed staggered by her words, but he quickly recovered himself and replied :

" ' Because I will not allow my daughter to marry into a family of jail-birds ! '

" ' What do you mean by that ? ' fairly screamed Walter, trembling with barely suppressed anger.

THE CRIME. II

" ' What do I mean ? ' retorted Lewis, speaking rapidly, and as though actuated by intense hatred, ' I mean that your uncle, the man whose vile name you bear, is a convict, and that he caused the death of an innocent girl ! '

" With a wild cry of rage Marvel drew his pistol, which he had reloaded after the shooting-match, and fired at Lewis. The sequence of events had been so startling and so rapid, that none of us made a move to save Lewis, except Virgie, who exhibited her usual presence of mind. With a quick upward motion of her hand, she diverted her lover's aim, so that the ball went into the air. Having thus saved the life of her adopted father, she turned to Marvel and said the single word ' Go ! ' Walter looked at her a moment with despair upon his face, then, as she made no answer to his mute appeal, he threw his weapon from him, and rushed from the place, threatening Lewis with his vengeance.

" He had scarcely departed when Lucas pushed through the surrounding circle and upbraided Lewis for what had occurred. Lewis, by this time beside himself with rage, ordered Lucas to leave the premises, and threatened to set his dog upon him if he would not do so, or if he ever should return. Lucas muttered some threatening words, but prepared to leave, whereupon Alice Marvel pressed forward and said :

" ' You are a coward to have insulted two gentlemen whilst they were your guests ! I almost feel that I could kill you myself ! '

" Alice is usually a quiet girl, but she is somewhat hysterical, and, as the two men were, the one her brother and the other her sweetheart, she was much overwrought. She and Lucas left simultaneously. Then Virgie, still maintaining her dignity, said :

" ' Since my uncle has acted so churlishly to three of my guests, I advise the rest of my friends to retire, lest he should humiliate us further.'

" That she spoke of him as ' uncle ' maddened Lewis, and he retorted angrily.

" ' Go ! All of you, but,' picking up Marvel's pistol, ' I call you all to witness that this is Walter Marvel's weapon, and that with it, he attempted to take my life ! ' "

The Squire paused a moment, and then resumed :

" I was an eye-witness of this scene, and I assure you that I have not exaggerated it in the least. On the following day Lewis applied to me to procure a warrant for him. As I was once a justice of the peace, he knew that I understand such matters. I tried to dissuade him from his purpose, but he was determined to have Marvel arrested for assault with intent to kill. He procured the warrant, but thus far Marvel has kept out of the way. After several more unsuccessful attempts to persuade Lewis to abandon his object, I was obliged to give up the task. Then f he continued absence of young Marvel began to worry me, and I feared that he might return and kill Lewis. Therefore, I have decided that it will be best to find him before any such calamity can occur. This, as much for his sake as for the safety of Lewis. So I have sent for you, Mr. Barnes, taking a step of which Lewis is ignorant. And now, may I ask you what in your judgment will be the chance of apprehending Marvel ? "

" Oh," said Mr. Barnes, "there will be no difficulty in finding him. I do not think he is hiding from the law. If at all, it is from the disgrace which he fancies that Mr. Lewis has cast upon him. But, if he really loves Miss Lewis, the thing is simple. We have but to watch her. He is sure to seek an interview, sooner or later."

" There," said the Squire, admiringly, " see how quickly you get at it. I should never have thought of such a mode of proceeding. You are right, too, as to your first conjecture. Marvel is high spirited, and I should not be surprised if he surrenders, as soon as he learns that he is wanted. That is why I have been worried by his disappearance. But here we are at the farm."

The house was an elegant frame building of the

Queen Anne style of architecture. The grounds were on the south side of the road, so that the dwelling faced the north. It was recessed about fifty feet from a picket fence, and the party entered through a neat, painted gate, a brick-paved walk leading them up to the main door. This was standing invitingly open. Squire Olney seemed entirely at home, for he led the way straight in, without the formality of using the great brass lion's claw, which served as a knocker. This bold entry was not destined to go unresented however, for a huge mastiff appeared, coming from an inner room, and growled ominously. At a word from the Squire the dog assumed a less hostile demeanor, and prowled about the party, sniffing at their persons as though to make their acquaintance. When he reached Lewis, who was the last to enter, he raised himself up on his hind legs, and, planting his forepaws on his breast, tried to lick him on the face. Lewis resented the animal's familiarity, and seemed much annoyed as he brusquely pushed him down with an exclamation of impatience.

" Why, Mr. Lewis," said the Squire, " the dog acts as though he knows yuu. Can it be possible that he remembers you ? I know that your father brought him here when he first came, but that is years a< r o, and he was a mere puppy then."

" I remember him well enough now, but I doubt if his recollection spans the interval between now and the time when I gave him bread and milk in his puppy days. I receive that kind of attention from nearly all dogs. Some of the fiercest have favored me at sight. Once, at a bench show in London, I bet that I could pat the head of any dog there. I won the wager, though the animal selected was a ferocious-looking bull-dog, over whose kennel was conspicuously displayed the warning placard : ' Dangerous, do not handle ! ' They say that a dog knows a friend instinctively, and I am certainly a friend of the canine species, ranking dogs next to human beings. But let us seek my father. I am anxious to meet him."

" Well, come in here," said the Squire, leading the way into a room on the left of the hall. " This is the parlor. Remain here while I hunt up Lewis."

The Squire had barely passed the doorway, when he uttered a cry of alarm, and hurried across the room. His companions hastened after him, and beheld the prostrate form of a man lying upon the rug, in front of the fireplace. The Squire leaned over the body for a moment, and then jumped up with horror depicted on every feature.

" There has been a terrible accident," said he. " My friend Lewis is here dead ! "

The others pressed forward. They saw the motionless body of a man. He lay on his side with his head near the fireplace, in which were the remains of a log fire. This fire must have been a hot one, as the face of the dead man, which had been covered in life with a heavy beard, was now scarcely more than a mass of charred flesh, and therefore entirely unrecognizable. In spots, there remained the burnt stubs of the hair on the face, and more on the head ; but in many places it was burnt entirely away, exposing the flesh, a blackened human charcoal.

Lewis gazed in a dazed and semi-conscious way at the awful sight, and, in a low hoarse whisper asked :

" Is this my father ? "

The Squire started at the question, and at once realized all the horror of the situation. He did not reply, but beckoned to the two detectives to follow him, and quietly left the room. Accompanied by them, he led the way across the hall into the library, and then repeated what he had exclaimed at first sight of the body, that it was that of John Lewis, in whose interest they had come to the house.

" But," continued he, " I cannot understand how it is that we find him dead, and in such a position. It looks at first sight like heart disease, or apoplexy. How terrible that he should have fallen into the fire, and have been so dreadfully disfigured."

" Did you ever fancy that your friend had any physical ailment of the kind ? " asked Mr. Barnes.

" Why, no ; I always considered him the stoutest, heartiest man of my acquaintance."

" Is it not singular, then, that he should be taken away so suddenly as this ? "

" Now that you suggest the idea, it does seem so. The whole thing has been so startling, and so unexpected, that I have not collected my thoughts sufficiently to analyze the situation. I find my friend dead, on the floor of his own house, after having seen him alive and well only last evening, and I suppose I have adopted the first theory which presented itself."

"You say you saw your friend last evening?" asked Mr. Barnes, in a quiet voice, keeping his eyes steadily fixed on the Squire.

Something in his tone, or in his manner of asking the question, attracted the Squire, and he turned and faced his interrogator as he replied :

" Yes."

"Where?"

" There in the very room where we now find his corpse. I came to talk about this business once more, and to try to dissuade him from pursuing it further."

" Can you tell at what time you left him ? Is there any circumstance by which you can fix the time accurately? Think well ! It may be important ! "

"Important?" echoed the Squire. " Why, man, what are you getting zX ? Surely you cannot think that — merciful heaven, do you suppose that my friend has been murdered? "

" Squire Olney, I cannot say that I have really formed such an opinion. But a man in my profession sees such things only too often, and, therefore, when he finds a dead body under anything like peculiar circumstances — such as these for example, his suspicions are aroused more quickly perhaps than might be the case with other men. But if you think our young friend, the son, may now have sufficiently recovered from his shock, we will go into the room again. An examination of the body may remove any doubts on this subject."

Mr. Barnes then started towards the next room, and the Squire followed, hardly daring to think of what they might be about to discover.

Appreciating the fact that the business before them was very serious, the three men entered the parlor quite gravely. As they did so, Lewis, who was bending over the body, rose and said, in a low voice:

" Gentlemen, my father has been murdered ! " The Squire sank into the nearest chair. His last hope was gone. Lewis continued : " I repeat he has been murdered ! There is a bullet hole in his left side, where it is almost impossible for him to have shot himself ; therefore suicide is out of the question."

At the words " bullet hole," Mr. Barnes became all attention. Here was something tangible. Here was real evidence. The position of the wound, too, that was quite important, and Lewis's conclusion seemed logical enough. But he had used the correct words when he said " almost impossible." Mr. Barnes was a careful man in forming opinions, and experience had taught him that the seemingly impossible often occurs. Still, in the line of thought suggested by Lewis's words, he turned to Squire Olney :

" Can you tell us whether your friend was lefthanded ? "

"Yes; I am sure he was not."

" Then it is probable that he was shot by some other party than himself. Squire, the affair is now serious. It becomes our duty to try to find the guilty party."

At the word " duty," the Squire recovered himself instantly, and was all attention. Mr. Barnes continued :

" The coroner should be notified at once."

" I am the coroner of the county," replied the

20 A CONFLICT OF FVIDFXCF.

Squire. "In this town we have not needed such an officer within the memory of man. However, in this instance the duty devolves upon me. Therefore I am in charge of the case. Mr. Barnes, as you came down to serve me in a matter now at rest, I suppose you can place yourself at my disposal, and assist in finding the murderer?"

" Certainly," replied Mr. Barnes ; "I will simply notify the chief of the facts, and he will grant me more time than I should have asked for before. Do you object to my having Mr. Burrows as my assistant?"

" Of course not. I want to see you commence your work at once. No time is to be lost. I may have been anxious to hush up the other matter, but 1 am alive to the seriousness of this. Whoever he may be, and at whatever cost, the murderer must be found and brought to justice."

" Very well, sir; from this moment we act under your orders. As you say, no time must be lost. The murderer has several hours start of us now, and we must catch up our end of the trail as quickly as possible. The first thing to be done is to examine the room and premises minutely for clues. I therefore suggest that you and Mr. Lewis leave us to work alone, while you summon men to form your jury."

THE CRIME. CI

" A very good suggestion. I will act on it at once. Come, Mr. Lewis; a walk in the open air will help you after the shock, which you have sustained." Taking Lewis by the arm, the two left the room.

Chapter II. Seeking For Clues

Left to themselves, the two detectives remained silent until they heard the front door shut by the Squire, as he and Lewis went out. Then Mr. Barnes said :

" Well, Tom, you are in luck. A mysterious murder, which will, in my judgment, require much skill to discover the truth. Come, now, tell me where you would begin?"

" I have found a clue already," quietly remarked Burrows.

" Good," said Mr. Barnes, well pleased at his pupil's shrewdness ; " that is better than I expected. What is it?"

" I think that the murderer fired from the outside, through this window." Burrows indicated a window opening on the lawn to the cast. "You see that there is a hole through the centre pane. That it is of recent origin is evidenced by the broken glass on the carpet, which also shows that the bullet came from without, since the pieces have fallen inward."

" Very well reasoned, Tom, as far as the time and origin of the shot goes, but you have jumped to one conclusion not as yet warranted." Mr. Barnes went to the window and examined it closely. " You started by saying just now that the ' murderer ' fired from outside. That is where you have gone beyond your evidence. This pane of glass with that hole, and the fragments on the floor, probably attest the passage of a bullet, but there is nothing as yet to show that said bullet was fired by the ' murderer.' "

" Why, who else could have fired it ? "

" I have heard that physicians make a diagnosis sometimes by exclusion, but it is a dangerous plan for a detective. Look again, and you will note that it is the lower sash which has the broken pane. Being raised as it is, the upper sash is between it and the point from which you argue that your pistol was fired. This proves conclusively "