"That is final."

There was a silence. Rand sat, chin in hand, thoughtfully regarding his visitor. Major Churchill, erect, rigid, grey, and arid, stared before him as though indeed he saw only snowy plains, fallen men, and a forlorn hope. At last he spoke in a dry and difficult voice. "You persevere in your intention of returning to Richmond and to your house on Shockoe Hill in November?"

"It is my plan, sir, to go to Richmond in November."

"Immediately upon your return from over the mountains?"

Rand shot a glance at his interlocutor. "Immediately."

"These lands that you are going to see, sir--they are not as far as the Was.h.i.ta?"

"No; they are not as far as the Was.h.i.ta." Rand sat upright and let his hand fall heavily upon the arm of his chair. "That is a curious question, Major Churchill."

"Do you find it so?" asked the Major grimly. "_I_ should, were it asked of me--so d.a.m.ned strange a question that it would not pa.s.s without challenge! But then, I am not declining governorships nor travelling West."

Rand rose from his chair. "Major Churchill"--He stopped short, bit his lip, and walked away to the window. There he drew the curtain slightly aside and stood with brow pressed against a pane, gazing out into the frosty darkness. A half moon just lifted the wide landscape out of shadow, and from the interlacing boughs of trees the coloured leaves were falling. Rand looked at the distant mountains, but the eye of his mind travelled farther yet and saw all the country beyond, all the land of the To Be, all the giant valley of the Mississippi, all the rolling, endless plains, all Mexico with snowy peaks and mines of gold. The apparition did not come dazzlingly. He was no visionary. He weighed and measured and reckoned carefully with his host. But there, beyond the mountains, lay no small part of the habitable world,--and the race of conquerors had not died with Alexander or Caesar, Cortez or Pizarro!

Witness Marengo and Austerlitz and that throne at Fontainebleau! He dropped the curtain from his hand and turned to the firelit room and to the tense grey figure on the hearth. "Major Churchill, if, softened by Jacqueline's presence there at Fontenoy, you came to-night to Roselands with the simple purpose of making friends with the man she loves, then, sir, that man would be a heartless churl indeed if he were not touched and gratified, and did not accept with eagerness such an overture. But, sir, but! There is more, I think, in your visit to-night than meets the eye. You demand that I shall become my party's candidate for the governorship. I answer it is not now possible. You insist that I shall busy myself with improvements here at Roselands, and to that end you offer to reinforce my purse. I answer that Roselands does very well, and that I am not in need of money. You preach to me patriotism and refer to General Washington; you speak poetically of gold _versus_ pinchbeck, and true glory _versus_ fame with drenched wings; you ask me certain questions in a voice that has hardly the ring of friendship--and last but not least you wish to know if a parcel of land that I have bought over the mountains is situate upon the Was.h.i.ta! The Was.h.i.ta, Major Churchill, is on the far side of the Mississippi, in Spanish Territory.

May I ask, sir, before I withdraw my welcome to Roselands, by what right you are ent.i.tled to put such a question to me, and what is, indeed, the purport of your visit here to-night?"

Major Edward Churchill rose, stark and grey, with narrowed eyes and deliberating, pointing hand. "You are a villain, sir; yes, sir, a d.a.m.ned, skilled, heart-breaking villain! Bold! yes, you are bold--bold as others of your tribe of whom the mythologies tell! Arrogant as Lucifer, you are more wretched than the slave in your fields! You might have been upon the side of light; you have chosen darkness. It will swallow you up, and I, for one, shall say, 'The night hath its own.' You have chosen wrongly where you might have chosen rightly, and you have not done so in blind pa.s.sion but in cold blood, fully and freely, under whatever monstrous light it is by which you think you walk! I have warned you of the gulf, and I have warned in vain. So be it! But do not think, sir, do not think that you will be allowed to drag with you, down into the darkness, the woman whom you have married! I wish that my niece had died before she saw your face! Do you know what she thinks you, sir?

She thinks you a lover so devoted that at her pleading you put forever from you a gilded lure; a gentleman so absolutely of your word that for her to doubt it would be the blackest treason; a statesman and a patriot who will yet n.o.bly serve Virginia and the country! G.o.d knows what she doesn't think you--the misguided child! She's happy to-night, at Fontenoy, because she's coming home to you to-morrow. That I should have lived to say such a thing of Henry Churchill's daughter! When I rode away to-night, she was singing." He burst into spasmodic and grating laughter. "It was that song of Lovelace's! By G.o.d, sir, she must have had you in mind.

"I could not love thee, dear, so much, Loved I not honour more.

"Yes, by G.o.d, she was thinking of you! Ha ha, ha ha!"

"You are an old man," said Rand. "It is well for you that you are. I wish to know who is responsible for these conjectures, suspicions, charges--whatever term you choose, sir, for all are alike indifferent to me--which brought you here to-night? Who, sir, is the princ.i.p.al in this affair? You are an old man, and you are my wife's kinsman; doubly are you behind cover; but who, who, Major Churchill, set you on to speak of towering ambition and blood-drenched wings and broken vows and deceived innocence, and all the rest of this night's farrago? Who, I say--who?"

"Ask on, sir," answered the Major grimly. "There is no law against asking, as there is none to compel an answer. Sir, I am about to remove myself from a house that I shall not trouble again, and I have but three words to say before I bid you good-night. I warn you not to proceed with your Luciferian schemes, whatever they may be, sir, whatever they may be! I warn you that it is ill travelling over the mountains at this season of the year, and I solemnly protest to you that my niece shall not travel with you!"

"And who," asked Rand calmly,--"and who will prevent that?"

"Sir," answered the other, "a grain of sand or a blade of gra.s.s, if rightly placed." He shook his long forefinger at the younger man. "You have been fortunate for a long turn in the game, Lewis Rand, and you have grown to think the revolving earth but a pin-wheel for your turning. You will awake some day, and since there is that in you which charity might call perverted greatness, I think that you will suffer when you awake. In which hope, sir, I take my leave. Mr. Rand, I have the honour to bid you a very good-night."

The master of Roselands rang the bell. "Good-night, Major Churchill. I am sorry that we part no better friends, and I regret that you will not tell me what gatherer up of rumour and discoverer of mares' nests was at the pains to procure me the honour of this visit. I might hazard a guess--but no matter. Joab, Major Churchill's horse. Good-night, sir."

He bowed formally. Major Churchill stood for a moment looking straight before him with a somewhat gla.s.sy stare, then, "Good-night, Mr. Rand,"

he said, in a voice like a wind through November reeds, made a bow as low and as studied as that with which he had once honoured Rand in the Fontenoy drawing-room, turned with martial precision, and stalked from the room.

Lewis Rand stood long upon the hearth, staring down into the fire. He heard Major Edward's horse go down the drive and out upon the highroad with a swiftness that spoke of a rider in a pa.s.sion. The sound of hoofs died away, and he still stood looking into the red hollows, but at last with a short and angry laugh he turned away and opened the door which led to the dining-room. "Are you still there, Tom? Come in, man! The accusing angel has gone."

Tom appeared, and the two went back to the great table in the centre of the room. Rand unlocked the drawer and took out the papers in the perusal of which they had been interrupted. Mocket snuffed the candles and tossed another log of hickory upon the fire. "It falls in with what Gaudylock suspected," said Rand's measured voice behind him, "and it all dates back to the nineteenth of February. When he left the house that night, he must have known--"

"Of whom are you talking?" asked Tom at the fire. "Major Edward?"

"No, not Major Edward. And now he is using his knowledge. She told me to-day that he was often at Fontenoy. Too often, too often, Ludwell Cary!"

"Now, after stopping my mouth, you have spoken his name yourself!"

remarked Tom. "You and he are over against each other in that case to-morrow, aren't you?"

"In every case we are over against each other," said the other abruptly.

"And we shall be so until Judgment Day. Come, man, come! we have all these to go through with before c.o.c.kcrow."

CHAPTER XXIII

A CHALLENGE

The Charlottesville Robbery Case was one of no great importance save to those directly concerned. It had to do with a forged note, a robbery by night, and an absconding trusted clerk of a company of British Merchants. When the case came up for trial on this October day, the Court House was well filled indeed, but rather on account of the lawyers engaged than because of the matter's intrinsic interest. The British Merchants had retained Mr. Ludwell Cary. The side of the prisoner, mentioning that fact in a pitiful scrawl addressed to the law office of Messrs. Rand and Mocket, found to its somewhat pathetic surprise that Mr. Rand himself would take the case and oppose Mr. Cary.

The two had fought it with a determination apparent to every bystander, and now, on the last day of the trial, the counsel for the prosecution rose to sum up his case. He was listened to with attention, and his speech was effective. The theme was the individual who, after forgery and embezzlement, had taken French leave, quitting a post of trust and credit for regions where he hoped to enjoy his ill-gotten gains in peace and quietness. The regions had proved inhospitable, and a sheriff had escorted the unlucky adventurer with that which was not his own back to the spot whence he had started. His transgression was now to be traced from the moment--day or night, or sunrise or sunset; what mattered the moment?--when the thought pa.s.sed through his brain, "Why should I plod on like other men?"

"'Pa.s.sed through,' did I say?--nay, it tarried; at first like a visitor who will one day take his leave, then a cherished inmate, and at last lord and master of every crevice of that petty mansion! It _dwelled_ there, and day by day it fed itself with remembered examples. 'There was Tom, over on the Eastern Sh.o.r.e, grew tired, too, of working for his employers,--and he robbed the till one night, and got off on a sloop to the Havana, and now they say he has a pirate ship of his very own! And d.i.c.k. d.i.c.k got tired, too, in a tan-yard in Alexandria, and when his master sent him on a mission to Washington, he took his foot in his hand and went farther. He had his expenses in his pocket, so why not? He's prospering now in a bigger and gayer town than Alexandria! And Harry.

Harry was more trusted than them all, but he, too, got tired--in a warehouse at Rocket's--of plod, plod, plod! serve, serve, serve! So he forged a name, and took the gold that lay beneath his hand, tore up his indentures, and fled in the night-time--over the hills and far away!

He's a rich man now, somewhere near the sunset, rich and great, with clerks of his own. He had the advantage of education, had Harry!

Examples! Examples thick as hops! What's Buonaparte himself but a poor Corsican lieutenant that stole an empire? I'll be bold, too. I'll steal, and then I'll steal away!'

"So scullion soul to pliant body. His thought is father to his deed, and there is the usual resemblance between son and parent. What matters it that he has lived in his employer's house, and has found him no Egyptian taskmaster, but a benefactor, lavish of favours? What matters it that he has in charge things of trust and moment which, by miscarrying, will work distress to many? What matters it that others are about him, engaged in this same drudgery of doing one's duty, to whom, should he succeed in villainy as he trusts to do, his example will remain, a wrecker's light to entice the storm-tossed upon a rocky sh.o.r.e? What matters it,--I am told, gentlemen, that the prisoner has a good and industrious sister,--what matters it that rarely, rarely, is there ill-doing without, somewhere in the shadowed background, some bruised and broken heart? What does it matter that he betrays his trust, breaks his oath, blackens his name, slurs his friends, and recruits the army, wan and sinister, of all the fallen since time began? To him, apparently, it matters less than a drifting leaf in the wind of this October day. He remembers all that he should forget, and forgets all that should be remembered. There pa.s.s by him in long parade Tom and d.i.c.k and Harry and others of their ilk. He sees them, and he sees little else. It is a host of choice spirits, and they have banners flying. His courage mounts. Brave emulation! n.o.ble rivalry! He, too, will be bold; he, too, will join their regiment! For him, too, the spoils of opportunity and a daughter of the game! He feels the summer in the air, and all Brummagem rises upon his horizon. Farewell to patient drudgery and the slow playing over of the tune of life! He's for a brisker air, he's for 'Over the hills and far away.'

"His little plans are laid. I say 'little,' gentlemen, advisedly, for in all this there is no greatness. We speak of a self-seeker here, and all the ends of such an one are small, and he himself has not attained the full stature of a man. The ambitious soul before us! By stealth he practises until he can sign his employer's name, more lifelike almost than life! By stealth he gains impressions of the keys. By stealth he eyes the only wealth that his mole mind can value! By stealth he makes his preparations, and by stealth he cons the miles and the post-houses between him and the country to which he means to carry himself and his stolen goods! He is a.s.siduous at his desk; his employers nod approval, praise him for a lad of parts, and hold him up for emulation. In his brain one air continues,--'Over the hills and far away.'

"The day approaches. The forgery is done, the accustomed hand slips easily in and out of the golden drawer, and all the roads are got by heart. We have the loan of a horse--before another dawn we will be gone.

O Fortune of great thieves, stand pat! and kindly tune run on! 'Over the hills and far away.'

"We have been told by the worthy gentlemen, his employers, that so trustworthy did they consider the prisoner at the bar, so able in their affairs and a.s.siduous in their service, that this very day it was in their minds to increase his pay and to raise him quite above his fellow clerks to an honourable post indeed. He did not give them time, gentlemen, he did not give them time! The hour is here, the notes are sewn within the lining of our well-brushed riding-coat, the master key is in our itching palm! We'll lurk until midnight, then in the dark room we will unlock the drawer. If we are heard, softly as we step in the silence of the night--if a watchman come--the worse for the watchman! We carry pistols, and the b.u.t.t of one against his forehead will do the work. For we are bold, gentlemen, we are as bold as Caesar or Buonaparte!

We won't be stopped--we won't! We're for 'Over the hills and far away.'"

The counsel for the prisoner addressed the Judge. "Your Honour, no watchman, dead or alive, being among the witnesses, and there being no capable proof of what were or were not my client's thoughts upon the night in question, I indignantly protest--"

The objection was sustained. The interruption over, the attorney for the British Merchants went evenly on. "We have Mr. Rand's word for it that the prisoner had no thought of the watchman, and no intention of using, even in case of need, the weapons with which it has been proved he was provided. Mr. Rand must know. As a rule, gentlemen bearing arms about their persons may be considered the potential users of said arms, whether the antiquated rapier or the modern pistol--but then, I bethink me, we are not speaking of men of honour. We are speaking of a small criminal in a small way, and Mr. Rand a.s.sures us that his thoughts matched his estate--they were humble, they were creeping. Headstrong, proud, and bold are words too swelling for this low and narrow case. To wear a weapon with intent to use is one thing, to buckle it on as a mere trivial, harmless, modish ornament and gewgaw is quite another! We have Mr. Rand's word for it that it was so worn. Gentlemen, the prisoner, armed, indeed, as has been proved, was absolutely innocent of even the remotest intent to use under any provocation beneath high heaven the pistols--oiled, primed, and duelling type--with which, by chance or for the merest whim of ornament, he had decked his person upon this eventful night. Mr. Rand tells us so, and doubtless he knows whereof he speaks.

"So armed and so harmless, gentlemen, the prisoner, having committed forgery, does now his second crime--the pitiful robbery. The key that he has forged with care is true to him, the gold lies at his mercy, underneath his hand; he lifts it up, the shining thing; he bears it away. The hour has struck, the deed is done; irrevocable, it takes its place upon the inexpugnable record. He has stolen, and there is no power in heaven or earth to change that little fact. We are grown squeamish in these modern days, and no longer brand a thief with heated iron. No letter will appear, seared on his shoulder or his hand, but is he less the thief for that? He himself has done the branding, and Eternity cannot wear out the mark. He goes. With his stolen gold he steals away.

It is night. There are only the stars to watch his flight, and he cares not for the stars--they never tell. Have they not, time out of mind, stood the friend of all gentlemen of the road? He quits the house that has seen his crime; he leaves dull and honest men asleep; he bestows no parting glance upon the dim, familiar ways. His native land is naught--he's for green fields and pastures new--he's for Tom and d.i.c.k and Harry, and all their goodly company--he's for 'Over the hills and far away.'"

The counsel for the prosecution finished his speech. The judge summed up the case, the jury retired, and very shortly returned with the expected verdict of Guilty. The chalk-white and shaking prisoner stood up, was sentenced and removed, and, the business of the day being over, the court adjourned.

Good-naturedly, laughing and talking after the morning's restraint, the crowd, gentle and simple, from the lower part of the room, was in the course of jostling toward the door, when there came a sudden check coupled with exclamations from those nearest the bar, and with a general turning of heads and bodies in that direction.

The lawyer for the prosecution and the lawyer for the defence stood opposed, a yard of court-room floor between them, and around them a ring of excited friends and acquaintances. There had been high voices, but now a silence fell, and the throng held its breath in cheerful expectation of the bursting of a long predicted storm.

"This," said Cary's clear and even voice, not raised, but smoothly distinct,--"this is a challenge, sir. I take it rightly, Mr. Rand?"

"You take it rightly, Mr. Cary. I shall presently send a friend to wait upon you."

"He will find me, sir, at the Swan. As the challenged party, it is my prerogative to name hour and place. You shall shortly be advised of both."