LITMIR.BIZ

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lean-faced, rather flat-cheeked, high-cheek-boned, aquiline-nosed, florid-complexioned, silent, clean-built sort that would seem to represent the high-bred, finely drawn product of a long social evolution. These traits when seen in the person of a native-born American generally do represent this fineness; but the English, having been longer at the production of their race, can often produce the outward semblance without necessarily the inner reality. Many of us even now do not quite realize that fact; certainly in 1852 most of us did not. Morrell was dressed in riding breeches, carried a short bamboo crop, smiled engagingly to exhibit even, strong, white teeth, and had little to say.

      "A beverage seems called for," remarked Judge Caldwell, a gross, explosive, tobacco-chewing man, with a merry, reckless eye. The order given, the conversation swung back to the topic that had occupied it before Keith and Sansome had arrived.

      It seemed that an individual there present, Markle by name—a tall, histrionic, dark man with a tossing mane—conceived himself to have been insulted by some one whose name Keith did not catch, and had that very afternoon issued warning that he would "shoot on sight." Some of the older men were advising him to go slow.

      "But, gentlemen," cried Markle heatedly, "none of you would stand such conduct from anybody! What are we coming to? I'll get that——as sure as God made little apples."

      "That's all right; I don't blame yo'," argued Calhoun. Bennett. "Do not misunderstand me, suh. I agree with yo', lock, stock, an' barrel. My point is that yo' must be circumspect. Challenge him, that's the way."

      "He isn't worth my challenge, sir, nor the challenge of any decent man.

       You know that, sir."

      "Well, street shootings have got to be a little, a little——"

      He fell silent, and Keith, looked up in surprise to see why. A man was slowly passing the table. He was a thick, tall, strong man, moving with a freedom that bespoke smoothly working muscles. His complexion was florid; and this, in conjunction with a sweeping blue-black moustache, gave him exactly the appearance of a gambler or bartender. Only as he passed the table and responded gravely to the formal salutes, Keith caught a flash of his eye. It was gray, hard as steel, forceful, but so far from being cold it seemed to glow and change with an inner fire, The bartender impression was swept into limbo forever.

      "That's one good reason why," said Calhoun Bennett, when this man had gone on.

      But Markle overflowed with a torrent of vituperative profanity. His face was congested and purple with the violence of his emotions. Keith stared in astonishment at the depth of hatred stirred. He turned for explanation to the man next him, Judge Girvin, a gentleman of the old school, weighty, authoritative, a little pompous.

      "That is Coleman," Judge Girvin told him. "W.T. Coleman, the leader of the vigilance movement of last year."

      "That's why," repeated Calhoun Bennett, with quiet vindictiveness, "lawlessness, disrespect foh law and order, mob rule. Since this strangler business, no man can predict what the lawless element may do!"

      This speech was the signal for an outburst against the Vigilance

       Committee, so unanimous and hearty that Keith was rather taken aback.

       He voiced his bewilderment.

      "Why, gentlemen, I am, of course, only in the most distant touch with these events; but the impression East is certainly very general that the Vigilantes did rather a good piece of work in clearing the city of crime."

      They turned on him with a savagery that took his breath. Keith, laughing, held up both hands.

      "Don't shoot, don't shoot! I'll come down!" he cried. "I told you I didn't know anything about it!"

      They checked themselves, suddenly ashamed of their heat. Calhoun

       Bennett voiced their feeling of apology.

      "Yo' must accept our excuses, Mr. Keith, but this is a mattah on which we feel strongly. Our indignation was naturally not directed against yo', suh."

      But Judge Girvin, ponderous, formal, dignified, was making a pronouncement.

      "Undoubtedly, young sir," he rolled forth at Keith, "undoubtedly a great many scoundrels were cleared from the city at that time. That no one would have the temerity to deny. But you, sir, as a lawyer, realize with us that even pure and equitable justice without due process of law is against the interests of society as a coherent whole. Infringement of law, even for a good purpose, invariably brings about ultimate contempt, for all law. In the absence of regularly constituted tribunals, as in a primitive society—such as that prior to the Constitutional Convention of September, 1849—it may become necessary that informal plebiscites be countenanced. But in the presence of regularly constituted and appointed tribunals, extra-legal functions are not to be undertaken by the chance comer. If defects occur in the administration of the law, the remedy is in the hand of the public. The voter——" he went on at length, elaborating the legal view. Everybody listened with respect and approval until he had finished. But then up spoke Judge Caldwell, the round, shining, perspiring, untidy, jovial, Silenus-like jurist with the blunt fingers.

      "We all agree with you theoretically, Judge," said he. "What these other fellows object to, I imagine, is that the law has such a hell of a hang fire to it."

      Judge Girvin's eyes flashed, and he tossed back his white mane. "The due forms of the law are our heritage from the ages!" he thundered back. "The so-called delays and technicalities are the checks devised by human experience against the rash judgments and rasher actions by the volatile element of society! They are the safeguards, the bulwarks of society! It is better that a hundred guilty men escape than that one innocent man should suffer!"

      The old judge was magnificent, his eyes alight, his nostrils expanded, his head reared back defiantly, all the great power of his magnetism and his authority brought to bear. Keith was thrilled. He considered that the discussion had been lifted to a high moral plane.

      By rights Judge Caldwell should have been crushed, but he seemed undisturbed.

      "Well," he remarked comfortably, "on that low average we must have quite a few innocent men among us after all."

      "What do you mean, sir?" demanded Judge Girvin, halted in mid career and not catching the allusion.

      "Surely, Judge, you don't mean to imply that you endorse Coleman and his gang?" put in Calhoun Bennett courteously but incredulously.

      "Endorse them? Certainly not!" disclaimed Caldwell. "I need my job," he added with a chuckle.

      Bennett tossed back his hair, and a faint disgust appeared in his dark eyes, but he said nothing more. Caldwell lit a cigar with pudgy fingers.

      "My advice to you," he said to Markle, "is that if you think you're going to have to kill this man in self-defence"—he rolled an unabashed and comical eye at the company—"you be sure to see our old friend, Sheriff Webb, gets you to jail promptly." He heaved to his feet, "Might even send him advance word," he suggested, and waddled away toward the bar.

      A dead silence succeeded his departure. None of the younger men ventured a word. Finally Judge Girvin, with a belated idea of upholding the honour of the bench, turned to Keith.

      "Judge Caldwell's humour is a little trying at times, but he is essentially sound."

      The young Englishman, Morrell, uttered a high cackle.

      "Quite right," he observed; "he'll fix it all right for you, Markle."

      At the bad taste of what they thought an example of English stupidity every one sat aghast. Keith managed to cover the situation by ordering another round of drinks. Morrell seemed quite pleased with himself.

      "Got a rise out of the old Johnny, what?" he remarked to Keith aside.

      Judge Caldwell returned. The conversation became general. Vast projects were discussed with the light touch—public works, the purchase of a theatre for the town hall, the sale by auction of city or state lands, the extension of wharves, the granting of franchises, and many

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