CHAPTER XXIX. NEW EVIDENCE.

Elwood accompanied Joseph to the prison where he was obliged to spend the night, and was allowed to remain with him until Mr. Pinkerton (who was endeavoring to reach Philip by telegraph) should arrive.

Owing to Rachel Miller's forethought, the bare room was sufficiently furnished. There was a clean bed, a chair or two, and a table, upon which stood a basket of provisions.

"I suppose I must eat," said Joseph, "as a matter of duty. If you will sit down and join me, Elwood, I will try."

"If I could have that fellow Spenham by the throat for a minute," Elwood growled, "it would give me a good appetite. But I will take my share, as it is: I never can think rightly when I'm hungry. Why, there is enough for a picnic! sandwiches, cold chicken, pickles, cakes, cheese, and two bottles of coffee, as I live! Just think that we're in a hotel, Joseph! It's all in one's notion, leastways for a single night; for you can go where you like to-morrow!"

"I hope so," said Joseph, as he took his seat. Elwood set the provisions before him, but he did not touch them. After a moment of hesitation he stretched out his hand and laid it on Elwood's shoulder.

"Now, old boy!" Elwood cried: "I know it. What you mean is unnecessary, and I won't have it!"

"Let me speak!"

"I don't see why I should, Joseph. It's no more than I guessed. She didn't love me: you were tolerably near together once, and if you should now come nearer—"

But he could not finish the sentence; the words stuck in his throat.

"Great Heaven!" Joseph exclaimed, starting to his feet; "what are you thinking of? Don't you see that Lucy Henderson and I are parted forever by what has happened to-day? Didn't you hear her say that she overcame the tenderness which might have become love, as I overcame mine for her? Neither of us can recall that first feeling, any more than we can set our lives again in the past. I shall worship her as one of the purest and noblest souls that breathe; but love her? make her my wife? It could never, never be! No, Elwood! I was wondering whether you could pardon me the rashness which has exposed her to to-day's trial."

Elwood began to laugh strangely. "You are foolish, Joseph," he said. "Pshaw! I can't hold my knife. These sudden downs and then ups are too much for a fellow! Pardon you? Yes, on one condition—that you empty your plate before you speak another word to me!"

They were both cheerful after this, and the narrow little room seemed freer and brighter to their eyes. It was late before Mr. Pinkerton arrived: he had waited in vain for an answer from Philip. Elwood's presence was a relief to him, for he did not wish to excite Joseph by a statement of what he expected to prove unless the two witnesses had been really secured. He adroitly managed, however, to say very little while seeming to say a great deal, and Joseph was then left to such rest as his busy memory might allow him.

Next morning there was an even greater crowd in the court-room. All Joseph's friends were there, with the exception of Lucy Henderson, who, by Mr. Pinkerton's advice, remained at the hotel. Philip had not arrived, but had sent a message saying that all was well, and he would come in the morning train.

Mr. Spenham, the evening before, had ascertained the nature of Mr. Linthicum's evidence. The apothecary, however, was only able to inform him of Philip's desire to discover the travelling agent, without knowing his purpose. In the name recorded as that of the purchaser of the poison Mr. Spenham saw a weapon which would enable him to repay Lucy for his discomfiture, and to indicate, if not prove, a complicity of crime, in which Philip Held also, he suspected, might be concerned.

The court opened at nine o'clock, and Philip could not be on hand before ten. Mr. Pinkerton endeavored to procure the examination of Dennis, and another subordinate witness, before the apothecary; but he only succeeded in gaining fifteen minutes' time by the discussion. Mr. Ziba Linthicum was then called and sworn. He carried a volume under his arm.

As Philip possessed the label, Mr. Linthicum could only testify to the fact that a veiled lady had purchased so many grains of arsenic of him on a certain day; that he kept a record of all sales of dangerous drugs; and that the lady's name was recorded in the book which he had brought with him. He then read the entry:—

"Miss Henderson. Arsenic."

Although Mr. Pinkerton had whispered to Joseph, "Do not be startled when he reads the name!" it was all the latter could do to suppress an exclamation. There was a murmur and movement through the whole court.

"We have now both the motive and the co-agent of the crime," said Mr. Spenham, rising triumphantly. "After the evidence which was elicited yesterday, it will not be difficult to connect the two. If the case deepens in enormity as it advances, we may be shocked, but we have no reason to be surprised. The growth of free-love sentiments, among those who tear themselves loose from the guidance of religious influences, naturally leads to crime; and the extent to which this evil has been secretly developed is not suspected by the public. Testimony can be adduced to show that the accused, Joseph Asten, has openly expressed his infidelity; that he repelled with threats and defiance a worthy minister of the Gospel, whom his own pious murdered wife had commissioned to lead him into the true path. The very expression which the woman Lucy Henderson testified to his having used in the garden,—'I am sick of masks,'—what does it mean? What but unrestrained freedom of the passions,—the very foundation upon which the free-lovers build up their pernicious theories? The accused cannot complain if the law lifts the mask from his countenance, and shows his nature in all its hideous deformity. But another mask, also, must be raised: I demand the arrest of the woman Lucy Henderson!"

Mr. Pinkerton sprang to his feet. In a measured, solemn voice, which contrasted strongly with the loud, sharp tones of the prosecuting attorney, he stated that Mr. Linthicum's evidence was already known to him; that it required an explanation which would now be given in a few minutes, and which would completely exonerate Miss Henderson from the suspicion of having purchased the poison, or even having any knowledge of its purchase. He demanded that no conclusion should be drawn from evidence which would mislead the minds of the jury: he charged the prosecuting attorney with most unjustly assailing the characters of both Joseph Asten and Lucy Henderson, and invoked, in the name of impartial justice, the protection of the court.

He spoke both eloquently and earnestly; but the spectators noticed that he looked at his watch from minute to minute. Mr. Spenham interrupted him, but he continued to repeat his statements, until there came a sudden movement in the crowd, near the outer door of the hall. Then he sat down.

Philip led the way, pressing the crowd to right and left in his eagerness. He was followed by a tall young man, with a dark moustache and an abundance of jewelry, while Mr. Benjamin Blessing, flushed and perspiring, brought up the rear. The spectators were almost breathless in their hushed, excited interest.

Philip seized Joseph's hand, and, bending nearer, whispered, "You are free!" His eyes sparkled and his face glowed.

Room was made for the three witnesses, and after a brief whispered consultation between Philip and Mr. Pinkerton, Elwood was despatched to bring Lucy Henderson to the court.

"May it please the Court," said Mr. Pinkerton, "I am now able to fulfil that promise which I this moment made. The evidence which was necessary to set forth the manner of Mrs. Asten's death, and which will release the court from any further consideration of the present case, is in my hands. I therefore ask leave to introduce this evidence without any further delay."

After a little discussion the permission was granted, and Philip Held was placed upon the stand.

He first described Joseph's genuine sorrow at his wife's death, and his self-accusation of having hastened it by his harsh words to her in the morning. He related the interview at which Joseph, on learning of the reports concerning him, had immediately decided to ask for a legal investigation, and in a simple, straightforward way, narrated all that had been done up to the time of consulting Ziba Linthicum's poison record.

"As I knew it to be quite impossible that Miss Lucy Henderson could have been the purchaser," he began—

Mr. Spenham instantly objected, and the expression was ruled out by the Court.

"Then," Philip resumed, "I determined to ascertain who had purchased the arsenic. Mr. Linthicum's description of the lady was too vague to be recognized. It was necessary to identify the travelling agent who was present; for this purpose I went to the city, ascertained the names and addresses of all the travelling agents of all the wholesale drug firms, and after much time and correspondence discovered the man,—Mr. Case, who is here present. He was in Persepolis, Iowa, when the summons reached him, and would have been here yesterday but for an accident on the Erie Railway.

"In the mean time I had received the small fragment of another label, and by the clew which the few letters gave me I finally identified the place as the drug-store of Wallis and Erkers, at the corner of Fifth and Persimmon Streets. There was nothing left by which the nature of the drug could be ascertained, and therefore this movement led to nothing which could be offered as evidence in this court,—that is, by the druggists themselves, and they have not been summoned. It happened, however, by a coincidence which only came to light this morning, that—"

Here Philip was again interrupted. His further testimony was of less consequence. He was sharply cross-examined by Mr. Spenham as to his relations with Joseph, and his object in devoting so much time to procuring evidence for the defence; but he took occasion, in replying, to express his appreciation of Joseph's character so emphatically, that the prosecution lost rather than gained. Then the plan of attack was changed. He was asked whether he believed in the Bible, in future rewards and punishments, in the views of the so-called free-lovers, in facile divorce and polygamy. He was too shrewd, however, to lay himself open to the least misrepresentation, and the moral and mental torture which our jurisprudence has substituted for the rack, thumb-screws, and Spanish boots of the Middle Ages finally came to an end.

Then the tall young man, conscious of his own elegance, took his place. He gave his name and occupation as Augustus Fitzwilliam Case, commercial traveller for the house of Byle and Glanders, wholesale druggists.

"State whether you were in the drug-store of Ziba Linthicum, No. 77 Main Street, in this town, on the day of the entry in Mr. Linthicum's book."

"I was."

"Did you notice the person who called for arsenic?"

"I did."

"What led you specially to notice her?"

"It is my habit," said the witness. "I am impressible to beauty, and I saw at once that the lady had what I call—style. I recollect thinking, 'More style than could be expected in these little places.'"

"Keep your thoughts to yourself!" cried Mr. Spenham.

"Describe the lady as correctly as you can," said Mr. Pinkerton.

"Something under the medium size; a little thin, but not bad lines,—what I should call jimp, natty, or 'lissome,' in the Scotch dialect. A well-trained voice; no uncertainty about it,—altogether about as keen and wide-awake a woman as you'll find in a day's travel."

"You guessed all this from her figure?" Mr. Spenham asked, with a sneer.

"Not entirely. I saw her face. I suppose something in my appearance or attitude attracted her attention. While Mr. Linthicum was weighing the arsenic she leaned over the counter, let her veil fall forward slightly, and gave me a quick side-look. I bent a little at the same time, as if to examine the soaps, and saw her face in a three-quarter position, as the photographers say."

"Can you remember her features distinctly?"

"Quite so. In fact, it is difficult for me to forget a female face. Hers was just verging on the sharp, but still tolerably handsome. Hair quite dark, and worn in ringlets; eyebrows clean and straight; mouth a little too thin for my fancy; and eyes—well, I couldn't undertake to say exactly what color they were, for she seemed to have the trick—very common in the city—of letting the lids droop over them."

"Were you able to judge of her age?"

"Tolerably, I should say. There is a certain air of preservation which enables a practised eye to distinguish an old girl from a young one. She was certainly not to be called young,—somewhere between twenty-eight and thirty-five."

"You heard the name she gave Mr. Linthicum?"

"Distinctly. Mr. Linthicum politely stated that it was his custom to register the names of all those to whom he furnished either poisons or prescriptions requiring care in being administered. She said, 'You are very particular, sir;' and, a moment afterward, 'Pardon me, perhaps it is necessary.'—'What name, then?' he asked. I thought she hesitated a moment, but this I will not say positively; whether or not, the answer was, 'Miss Henderson.' She went out of the store with a light, brisk step."

"You are sure you would be able to recognize the lady?" Mr. Pinkerton asked.

"Quite sure." And Mr. Augustus Fitzwilliam Case smiled patronizingly, as if the question were superfluous.

Mr. Pinkerton made a sign to Lucy, and she arose.

"Look upon this lady!" he said to the witness.

The latter made a slight, graceful inclination of his head, as much as to say, "Pardon me, I am compelled to stare." Lucy quietly endured his gaze.

"Consider her well," said the lawyer, "and then tell the jury whether she is the person."

"No considerment is necessary. This lady has not the slightest resemblance to Miss Henderson. She is younger, taller, and modelled upon a wholly different style."

"Will you now look at this photograph?"

"Ah!" the witness exclaimed; "you can yourself judge of the correctness of my memory! Here is Miss Henderson herself, and in three-quarter face, as I saw her!"

"That," said Mr. Pinkerton, addressing the judge and jury, "that is the photograph of Mrs. Julia Asten."

The spectators were astounded, and Mr. Spenham taken completely aback by this revelation. Joseph and Elwood both felt that a great weight had been lifted from their hearts. The testimony established Julia's falsehood at the same time, and there was such an instant and complete revulsion of opinion that many persons present at once suspected her of a design to poison Joseph.

"Before calling upon Mr. Benjamin Blessing, the father of the late Mrs. Asten, for his testimony," said Mr. Pinkerton,—"and I believe he will be the last witness necessary,—I wish to show that, although Miss Lucy Henderson accompanied Mrs. Asten to Magnolia, she could not have visited Mr. Linthicum's Drug store at the time indicated; nor, indeed, at any time during that day. She made several calls upon friends, each of whom is now in attendance, and their joint evidence will account for every minute of her stay in the place. The base attempt to blacken her fair name imperatively imposes this duty upon me."

No objection was made, and the witnesses were briefly examined in succession. Their testimony was complete.

"One mystery still remains to be cleared up," the lawyer continued; "the purpose of Mrs. Asten in purchasing the poison, and the probable explanation of her death. I say 'probable,' because absolute certainty is impossible. But I will not anticipate the evidence. Mr. Benjamin Blessing, step forward, if you please!"