Murders are not so rare in New York as to cause any genuine sensation among its people when one is announced in the public press, but mystery has ever been attractive to the human race, and the details of the present case as contained in the columns of the papers were so involved in conjecture as to arouse the interest of every reader. The only facts that were clear were that Mrs. Emma Bell had been found dead in the sitting-room of her apartment on East 56th Street with a box of candied fruit on the table near her, which had just been opened, and which, according to the postmark stamped on the paper enclosing the box, had been mailed to her from Boston. Written on thin paper that was so pasted as to cover the entire top of the box was the inscription, "With best wishes to you and Alice. J. E."

A weird description of the lifelike appearance of the woman when found, seated in her chair, with eyes staring and pupils dilated, was given in the best reportorial style. The coroner had taken possession of everything and had ordered the apartment sealed until an inquest could be held. Whether or not the candied fruit had anything to do with the death, and if so who could have sent it, were all matters of speculation which the various writers had covered in from one to four columns, according to their respective imaginative qualities and newspaper instinct, but none of them gave the slightest intimation as to the suspected person, if murder really had been committed.

More or less accurate likenesses of Mrs. Bell were given with all the events of her life that seemed spectacular, the most prominent of which was that her neighbors had long speculated as to her source of livelihood, since her husband's death some four years previously, and with characteristic charity such speculation led to hints along salacious trails and the dark recesses of public suspicion. The events of the injury to her little girl, and her treatment by Dr. Earl, and the devotion of the volunteer nurse, lacked nothing in their interesting narration in connection with the supposed murder mystery, and a.s.sisted very materially in enhancing that mystery through the glamour of prominent personages who were so well in the foreground of the story.

The coroner's jury sat upon the case as coroners' juries have been sitting upon similar cases ever since English jurisprudence advanced to the stage of not executing people on suspicion. There was the same dank, solemn atmosphere of the morgue, the same density of intellect and understanding, the same owl-like gaze of stupidity that pa.s.sed muster for wisdom, the same perfervid desire to get a certificate on the public treasury without undue mental or physical effort, the same ambition to give a duly impressive but harmless verdict, that must have characterized the first empaneled jury of this nature. Never by any possibility could these original qualities have deteriorated, and it would require a wild stretch of the imagination to note any traces of improvement.

The reading of the verdict of a coroner's jury has never been known to disqualify any person from serving on a trial jury in a murder case by unduly influencing the opinion, or arousing the pa.s.sions of such involuntary candidate for the jury box. No jails have been stormed or revolutions started by the verdict of an American coroner's jury, and New York was not destined to have its sensibilities too harshly jarred by a sensational verdict in this case.

After solemnly sitting for hours, the jury found that "Said Emma Bell came to her death from the effects of hydrocyanic acid administered by some person to the said jurors unknown, and whether said hydrocyanic acid was administered with felonious intent the said jurors cannot at this time ascertain."

The facts established by the jury were, that the woman was dead; that hydrocyanic acid had killed her; that the cause of death was so evident that it was only necessary to examine the contents of the stomach; that apparently none of the candied fruit had been disturbed, as the box was even full and the top layer as smooth as when first packed; that a chemical a.n.a.lysis proved that no poison of any kind was in any of the candied fruit in the box; that no vial could be found on or near the woman after death, and that a thorough search of the apartment failed to disclose any of this or any other kind of poison; that the woman was quite alone in the apartment when death took place and was only discovered by the janitress at ten o'clock at night, at which time she entered the apartment, having been invited to sleep there during the absence of the child in the country, whither she had gone a few days previous to this for a week's stay; that Mrs. Bell had been doing her own work for several months and taking in fine sewing.

But ambitious newspaper reporters bent themselves to this new task, as is their custom in all matters of public concern, _i. e._, to outrival the most noted expert in the line of that particular phase of public endeavor uppermost at the time. Theories were advanced in the daily papers that made Sherlock Holmes seem like a novice in detective work and Lucretia Borgia a mere infant in the skillful administration of poisons. The regular detectives, both public and private, were aroused by the mystery that shrouded the case. It remained, however, for the ubiquitous reporter, to whom society really owes a debt along every line of worthy public endeavor impossible either to estimate or discharge, to discover that the handwriting on the box was that of Dr. John Earl, and that he had been in the habit, for months, of paying almost daily visits to the Bell home; that he was at Magnolia Beach, but a short ride from Boston, at the time the package was mailed there; that ostensibly he had visited the Bell home to attend the little girl who was injured by the automobile, but that the mother was undoubtedly much interested in him; that there were many rumors among surgeons that his operation on the leg of the child had produced tuberculosis; that the district attorney had received anonymous letters to the effect that Earl had deliberately attempted to poison both mother and daughter, to be rid of an unpleasant _liaison_ on the one hand and the evidence of his lack of skill on the other; that the child had gone to the country after he left the city and he still supposed her with her mother, hence the saving of the child's life; that the box of candied fruit was only a blind, and that some other package must have arrived containing the poison in another form, possibly in the same wrapping paper with the fruit; that no possible motive could be discovered for the poisoning by any other person and no clue could be found leading to a suspicion of any one else.

With five hundred thousand visitors constantly within the gates of their city; with a shifting population of nearly a million more; with permanent residents absorbed in the most strenuous existence known on the American Continent; with sensation in high life of such frequent occurrence as to benumb any effort to form a discriminating opinion--the people of New York (visitors, temporary denizens, those of fixed habitation) welcomed these ready-made conclusions of the daily press and blindly adopted them as their own.

Individual character counts for less in the metropolis of the United States than it does anywhere else in the nation. There are several reasons for this, but the princ.i.p.al ones are a lack of time on the part of the permanent residents to inform themselves on such matters and a lack of interest in the subject on the part of the remainder of the population. The result is, that when charges are made, with any degree of sanction from the const.i.tuted authorities, against ordinary citizens of hitherto blameless lives, the great majority of the people accept such charges as well founded until they are effectively disproved.

So it was in this case. Just as soon as the incriminating facts seriously involved Dr. John Earl it was taken for granted that he was guilty, and such presumption was certain to grip the public mind until his innocence could be duly established, if such result were at all possible.

This was also the golden opportunity for the Bourbon members of his own profession to a.s.sail his theories and, secretly and openly, certain of them charged that the result in Dr. Earl's case was but the natural one where "standard methods" of practice were set aside for the, as yet, "unscientific paths of suggestive therapeutics," as these reactionary medical men denominated Earl's system, for he had cured through suggestive methods a score of patients who had been condemned to the operating table by other surgeons, and as a result he had aroused the resentment of such surgeons in particular and the condemnation in general of all those who believed in the supreme curative power of the knife.

Those in other walks of life, who, from conviction or selfishness, were opposed to disturbing present conditions, and who appreciated and feared the interdependence of the whole progressive movement, were also easily convinced that, properly enough, he was in the toils of the law.

It was not long until his friends and defenders began to realize that a secret sentiment was being created against him which had for its purpose the discrediting of his mental stability, as well as his medical methods, and that they would be compelled to combat not only menacing facts and conditions, but also the still more powerful influences of centuries of prejudice against men of his type, who had dared to get too far ahead of the general parade.

Psychologically, some interesting impressions were made upon observant minds. Many of our national hypocrisies were emphasized, and these occurrences revealed certain inconsistencies of public pretension and action in other fields closely correlated to this one, and it became evident that improvement in theory and practice, in matters of this sort, was impossible so long as more fundamental abuses were not only permitted but sanctioned in a most aggressively affirmative manner.

These observing people were reminded that in this Christian nation a cross of considerable dimensions is generally ready for instant use in immolating the person who is rash enough to interfere too strenuously or persistently with the operations of our morally depraved and generally rum-soaked political bosses, who have boldly usurped the functions of government and whose aims and purposes are widely at variance with all of the teachings of the lowly Nazarene; that, much as we pride ourselves upon our philosophical advancement, there is usually a cup of hemlock in reserve for a master spirit that attempts too far to outdistance the crowd; that, fond as we are of orating and writing about the dark days of barbarism, we continually applaud the barbarian methods of those who appropriate the property and liberties of their fellow men to increase their own wealth and power; that, while there is no longer much of a disposition to consider the earth flat, there is a marked tendency to regard most every other mysterious thing as of that character.

Dr. John Earl had friends who understood the complex and extensive nature of these sentiments, and, whatever might be their opinion concerning his guilt or innocence of the specific charge under discussion, they greatly feared the graver charge which emanated from the chaotic darkness of superst.i.tion, ignorance, prejudice and jealousy and the location of which could be determined only by occasional and angry flashes of venom.

While these things were occurring, Dr. Earl had come to New York and had gone directly to the district attorney and notified him that, if needed, he could be found at his house on East 53rd Street, but he a.s.sured that official that he knew nothing of the affair whatever.

This was treated as bravado by those who believed in his guilt and as vindication by those who a.s.serted his innocence.

His brother Frank hastened from a summer resort in the fastnesses of the Rockies and his sister and brother-in-law returned to town from Newport.

One day, Silvia Holland appeared at the coroner's office and asked to see the box in which the candied fruit had arrived. She examined it critically for several minutes, and then asked for the wrapper containing the address and postage stamps. There were three ten-cent and two fifteen-cent stamps on the paper, although it was apparent that half that amount in postage would have carried the package. She compared the handwriting with samples of Dr. Earl's, and it was only too evident that both address and message were written by him.

When she returned to her office she found Miss Renner waiting for her in response to a telephone message. The two women had seen much of each other after their meeting at the League House and a deep regard had sprung up between them. For the time being, Miss Renner was doing special work on one of the New York papers, and lending her voice to the suffrage cause between a.s.signments. They exchanged greetings, and then the little Westerner said quietly, "You wanted me?"

Miss Holland looked at her long and searchingly. "Yes, I both want and need you, my dear. Your paper has been rather vindictive in its pursuit of evidence against Dr. Earl. I want you to go to the district attorney and ask him personally to examine the inside of the lid of the box which contained the fruit, also the scalloped paper that covered the fruit. If he does so, he will find that a green gage, an apricot or a plum, which was seedless, of course, rested on top of the paper, and was crushed against the lid of the box. The stain is quite distinct on both paper and cover, and shows that there was only one such piece of fruit placed there. Of course, it contained the poison, and was placed on top, because it would naturally be eaten first."

Carroll Renner looked at her in amazement.

"If I do that he will order the immediate arrest of Dr. Earl; it will put him in jail and possibly lead to his conviction. Is that what you desire?" She looked up at the taller woman searchingly.

"Surely I do--if he is guilty," Miss Holland replied, without changing her expression. "There is no doubt that it will cause his immediate arrest," she added, "but even that is preferable to this suspense with everybody suspecting him and no opportunity to defend himself."

She turned away, and Carroll slipped her arm about her waist. "Dear Silvia, I'll go--on one condition."

"And that is?" came in a rather m.u.f.fled voice.

"That you will defend him yourself!" said Miss Renner. Miss Holland turned and caught her in her arms. "I can't do that," she said. "I couldn't, anyhow, without being asked, and besides, he will need the most skillful criminal lawyer in New York to defend him. I should make a sorry mess of it."

Carroll drew her down on a settee and held her hands firmly. "You might just as well be a man, if you are going to talk like that--always ready to let women go ahead until something really worth while comes along, and then saying 'only a man can do big, difficult things.' After all you've said, are you going to hesitate when it comes to crossing professional swords with a man? Come now, promise me; if I go to the district attorney, you will defend him."

"But I have not been employed, or even asked to defend him," she insisted. "You must see how unprofessional it would be, Carroll."

"Professional! that's what the doctors say when they refuse to save your life because they don't want to be discourteous to a fellow pract.i.tioner," answered Carroll. "Well, if the life of the man I loved was at stake I wouldn't wait for somebody to come and hire me to defend him!"

"Carroll!" cried Silvia.

"Silvia!" she retorted. "Will your highness deign to accept employment if it is offered you by his family?"

"Oh, Carroll, I can't let you drum up business----"

"You should be shaken, Silvia," her friend answered. "Of course everybody in the country knows that you live in daily fear of the poorhouse, and keep an advertising bureau busy trying to find you employment! However, I suspected you would make these silly objections, so I told Frank Earl yesterday that he ought to move heaven and earth to get you to defend his brother. He nearly fell on my neck, and he is now giving me absent treatment or holding a thought that I may succeed in making you see that you could do more for the doctor than any other New York lawyer."

"That isn't true, Carroll," she said. "I wish it were, but it isn't, and I haven't been able to think of any one that I want to see take up his defense."

"Naturally, because you know you ought to do it yourself. Now listen to me." Miss Renner put her hands on Silvia's shoulders. "We haven't known each other long, but it doesn't follow that we don't know each other well. If John Earl were my brother I should give you no peace until you promised to defend him, not alone because you have the requisite skill as an attorney, but because you would give this case the devotion, the insight, that are not to be bought with money. Now you know my terms; shall I go to the district attorney?"

Silvia kissed her impulsively. "Yes, dear; go--go at once!" Her eyes filled and her exquisite voice quivered with the strain of the emotion she could no longer conceal. "Oh, Carroll, I'm glad to have you now; come back to me afterward and tell me all about it!"

CHAPTER XVII

THE ARREST OF DR. JOHN EARL

Early the next morning Dr. John Earl was arrested for the murder of Emma Bell and was remanded by the magistrate to The Tombs without bail to await the action of the grand jury, which was soon to convene. Both he and his family had foreseen the event, and he had made the necessary arrangements for the conduct of his business. Humiliating as his arrest was, they all bore it with Spartan courage, and prepared to ransack the earth, if need be, to establish his innocence.

Leonora Kimball and her mother returned from Bar Harbor to find their city friends almost unanimously arrayed against Dr. Earl, and they were not themselves in the best humor with the tide of ill fortune that had swept them into these muddy currents. They went immediately to The Tombs, and in the interview that followed Dr. Earl insisted that Leonora should consider herself released from her engagement so long as the least taint was attached to his name in connection with this charge. She protested that this was the hour of his need, and she could not think of such a thing, but he caught the tone of doubt in her voice, and the lack of genuine sympathy in her manner. There pa.s.sed rapidly through his mind the thought that the electric chair might be just ahead of him; a long imprisonment might be his fate; he might lose the affection of friends and the respect of strangers, but if in this hour of bitter ordeal, guilty or innocent, whichever she might believe, his affianced wife did not show supreme faith and devotion, he was indeed a beggar in the realm of love. Carroll's ominous words about the malign stars that governed her fate recurred to his mind, and he thought of his contest with himself, and his decision when, defying the possibility of separation, inharmony or divorce, he elected to keep his plighted troth whatever his post-nuptial fate might be.

But in the recesses of his prison he had yearned for love, for the divine, illuminating rays that had lighted the path of many a martyr to the stake; of many a hero to the cannon's mouth; of not a few convicts to the gallows; of many a sublime philosopher to the dungeon or the ax--and all his misfortunes seemed but fleecy down compared to the weight which this sense of isolation and aloofness from the tenderness of the world brought to him. He looked at her fair young face, clouded and troubled now with doubts and annoyance, and with a sinking heart he realized that her personal vexation loomed as large upon the horizon of her mind as the shame and danger that had overtaken him.

"For the present, dear, you are absolved from any obligation to me," he said very gravely. "When I am released I shall, of course, give you the opportunity to reconsider if you choose to do so, but in the meantime you are entirely free; it must be so, dearest."

She made no reply, but lifted her face to his for their farewell kiss, and her mother was not able to stifle her sigh of relief until they had pa.s.sed beyond the prison walls. As they left, Frank entered the room, and the glance he cast after the departing form of the elder lady was not exactly amiable, but he kept his peace.

"It is time, Jack, that you were thinking of somebody to take charge of your case. You know I'm not familiar with criminal law, or the New York practice; I'll do my best, but you must have a skilled lawyer in command."

"I have already given the matter deep thought, but I have not made up my mind. There's Littlefield, but hiring him or any other noted criminal lawyer is equivalent to pleading guilty," answered Jack. "What do you suggest?"