<h2><SPAN name="CHAPTER_XXXI" id="CHAPTER_XXXI"></SPAN>CHAPTER XXXI.</h2>
<h3><i>Mr. William Barksdale Explains.</i></h3>
<p>Precisely what Dr. Harrison's emotions were when he found himself in the
sheriff's hands, nobody is likely ever to know, as that gentleman was
always of taciturn mood in matters closely concerning himself, and on
the present occasion was literally dumb.</p>
<p>With Foggy the case was different. He was always a prudent man. He was
not given to the taking of unnecessary risks for the sake of abstract
principles. He made no pretensions to the possession of heroic fortitude
under affliction, and he had no special reputation for high-toned honor
to lose. The clutch of the law was to him an uncomfortable one, and he
was prepared to escape it by any route which might happen to be open to
him. This disposition upon his part was an important factor in the
problem which Billy had set out to solve. He knew Foggy was a moral
coward, and upon his cowardice he depended, in part, for the success of
his undertaking.</p>
<p>As soon as court adjourned the commonwealth's attorney requested the
members of the grand jury to make themselves as comfortable as might be
while he should be engaged in the preparation of formal indictments
against the two prisoners. Going then to his office he closeted himself
with Billy Barksdale, who had preceded him thither by his request.</p>
<p>"You'll help me with this prosecution, won't you Billy?" he asked.</p>
<p>"With as good a will as I ever carried to a fish fry," said Billy.</p>
<p>"Well, then," said the attorney, "tell me just how the thing stands. I
confess I'm all in a jumble about it. Begin at the beginning and tell
the whole story. Then we'll know where we stand and how to proceed."</p>
<p>Accordingly Billy recounted the history of the protested draft; the
promise to pay; its nonfulfillment and the trouble which ensued. He then
continued:</p>
<p>"My suspicions as to the real facts of the case were aroused by
accident. Maj. Pagebrook consulted me a few days ago about a note signed
by Ewing Pagebrook, drawn in favor of Charley Harrison, which, Harrison
said, had been given him when he advanced money to Ewing with which to
pay a gambling debt to Foggy. That note was evidently dated ahead, as it
bore date of November 19th, one day after Ewing attained his majority,
when, in fact, the boy was taken ill on the morning of his twenty-first
birthday, and never left his bed afterwards. This confirmed me in the
belief that Foggy and Harrison were confederates in their gambling
operations. They fleeced the boy, and then had him borrow the money with
which to pay from Harrison, and give a note for it, so as to make the
consideration good; and they took pains to have him date it ahead, so as
to get rid of the minority trouble. This by itself would have amounted
to nothing, but in looking over Ewing's papers I found a letter there
from Bob Pagebrook, which I happened accidentally to know was received
during Ewing's illness. Here it is. I'll read it.</p>
<p>"'<span class="smcap">My Dear Ewing</span>:—I can not tell you how grieved I am at the news your
letter brings me. I can ill afford to lose the three hundred dollars
which I intrusted to you to hand to your father, and even if you do make
it good when you come of age, as you so solemnly promise me you will, I
am, meanwhile, placed in a very awkward position with regard to it. I
promised your father to pay him that money by a certain day, and was
greatly pleased, as you know, when, upon arriving at the Court House on
my way north, I found the remittance awaiting me there, as it enabled me
to make the payment in advance of the time agreed upon. When I, in my
haste to catch the train, gave you the check to give to your father, I
dismissed the subject from my mind, and set about the work of repairing
my fortunes with a light heart, little thinking that matters would turn
out as they have.</p>
<p>"'But while I am sorely annoyed by the fact that this may place me in an
awkward position, I am willing to trust my reputation in your hands.
Remember that you are now bound in honor, not merely to pay this money
as soon as you shall attain your majority, but also to protect me from
undeserved disgrace by frankly stating the facts of the case to your
father in the event of his entertaining doubts of my integrity. This
much you are in honor bound to do in any case, and you have also given
me your word that you will do it. If your father shall seem disposed to
think me not unduly dilatory in the matter of payment, you need tell him
nothing. You may spare yourself that mortification, send me the money,
and I will remit it to him, merely saying that unavoidable circumstances
which I am not at liberty to explain have prevented the earlier payment
which I intended to make.</p>
<p>"'But in agreeing to do this, Ewing, I am moved solely by my desire to
shield you from disgrace and consequent ruin. When I gave you that money
for your father it was a sacred trust, and in converting it to other
uses you not only wronged me, but you made yourself guilty of something
very like a crime. Pardon me if I speak plainly, for I am speaking only
for your good and I speak only to you. I want you to understand how
terribly wrong and altogether dishonorable your act was, so that you may
never be guilty of another such. I am not disposed to reproach you, but
I do want to warn you. You are the son of a gentleman, and you have no
right to bring disgrace upon your father's name. You ought not to
gamble, and if you do gamble you have no right to surrender your honor
in payment of your losses. I promise you, as you ask me to do, that I
will not tell what you have done; and you know I never break a promise
under any circumstances whatever. But in promising this I place my own
reputation in your keeping, depending upon you, in the event of
necessity, to frankly acknowledge your fault, so that I may not appear
to have run away from a debt which in fact I have paid.'</p>
<p>"When I read that letter," continued Billy, "I began to see daylight.
Bob had given his word of honor to Ewing not to expose him. Ewing had
died before he could make the money matter good, and Bob, like the
great, big, honorable, dear old fellow that he is, allowed himself to go
to jail and bear the reputation of an absconding debtor, rather than
break his promise to the dead boy. He paid the money again, too. I
suspected, of course, that Foggy and Charley Harrison were mixed up in
the matter some way, particularly as the very last visit Ewing ever made
to the Court House was made on the day that Bob went away. I went to
Philadelphia, and there found the canceled draft, drawn in favor of
David Currier; indorsed to Robert Pagebrook; and by him indorsed to
Edwin Pagebrook. Then followed, as you know, an indorsement to James M.
Raves, signed 'E. Pagebrook.' That, of course, was written by Ewing, who
at the suggestion of these two men made the draft over to them—or to
one of them—by signing his own name, which happened, when written with
the initial only, to be the same as his father's. Foggy then indorsed it
to Harrison, and he, being respectable, had no difficulty in getting
Rosenwater to cash it for him. It never entered Rosenwater's head, of
course, to question any of the signatures back of Harrison's. Now my
theory is that this draft did not cover Ewing's losses by two hundred
and twenty-five dollars; and so the two thrifty gentlemen made the boy
execute the note that Harrison holds for that amount, dating it ahead,
and making it for borrowed money."</p>
<p>"You're right, Barksdale, without a doubt," said the commonwealth's
attorney; "but how are we going to make a jury see it? There's plenty of
evidence to found an indictment on, but I'm afraid there a'n't enough to
secure a conviction."</p>
<p>"That's true," said Billy. "But we must do our very best. If we can't
convict both, we may one; and even if we fail altogether in the
prosecution, we will at least expose the rascals, and this county will
be too hot for them afterwards. Foggy is always shaky in the knees, and
if we give him half a chance will turn state's evidence. Why not sound
him on the subject?"</p>
<p>Foggy needed very little sounding indeed. At the first intimation that
there might be hope for him if he would tell what he knew he volunteered
a confession, which bore out Billy's theory to the letter. From his
statement, too, it appeared that Harrison was the author of the whole
scheme. He had overborne Ewing's scruples, and by dint of threats
compelled him to commit a practical forgery by writing his own name in
such a way as to make it appear to be his father's. While Foggy was at
it he made a clean breast, telling all about his partnership with
Harrison in the gambling operations, and admitting that the note
Harrison held was dated ahead and given solely for a gambling debt.</p>
<p>The commonwealth's attorney agreed to enter a <i>nolle prosequi</i> in
Foggy's case, and to transfer him, at the trial, from the prisoner's box
to the witness stand.</p>
<p>When Billy came out from this conference he found Major Pagebrook
awaiting an opportunity to speak to him. The major, it seems, after
going home had returned to the Court House.</p>
<p>"Billy," he said, "I know now about that letter from Robert to Ewing.
Sarah Ann has told me she read it when it came. What is to be done about
it?"</p>
<p>"Nothing," said Billy, "except that you will of course return Robert the
extra three hundred dollars he has paid you."</p>
<p>"Of course I'll do that. But I mean—the fact is I don't want that
letter to appear on the trial. You will have to tell where you got it,
and it will come out, in spite of everything, that Sarah Ann knew of
it."</p>
<p>"Well, Cousin Edwin, what am I to do? This has been a wretched business
from first to last. Poor Bob has suffered severely for Ewing's fault,
and—I must speak plainly—through Cous—through your wife's iniquity.
Not only has he had to pay the money twice, he has been sent to jail,
and but for a lucky accident his reputation as an honorable man would
have been destroyed forever, and that merely to gratify your wife's
petty and unreasonable spite against him. It became my duty to unravel
this mystery for the sake of freeing Bob from an unjust and undeserved
disgrace. In doing that I have accidentally stumbled upon the discovery
of a crime, and even if it were not illegal I am not the man to compound
a felony. For you I am heartily sorry, but your wife is only reaping
what she has sown. I would do anything honorable to spare your feelings,
Cousin Edwin, but I can not help giving evidence in this case. I really
do not see, however, precisely how Bob's letter can be used as evidence.
If it had been sufficient in itself to establish the facts to which it
referred I should have used it to set Bob right, and the thing would
have ended there. But Bob's statement was of course an interested one,
and I feared that after a time, if not immediately, gossip would seize
upon that point and say the whole thing was made up merely to clear Bob.
I knew he would never show Ewing's letter to which his was a reply, and
so I set myself to work hunting up the draft. I don't see how the letter
can well come up on the trial, but if it should become necessary for me
to tell about it, I must tell all about it, of course."</p>
<p>Major Pagebrook walked away, his head bowed as if there were a heavy
weight upon his shoulders, and Billy pitied him heartily. This woman,
who, in her groundless malignity, had wrought so much wrong and brought
so much of sorrow upon the good old man, was his wife, and he could not
free himself from the fact or its consequences. He had never willingly
done a wrong in his life, and it seemed peculiarly hard that he should
now have to suffer so sorely for the sins of the woman whom he called
wife.</p>
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