mr. ellis was vaguely uncomfortable. in the first excitement following the discovery of the crime, he had given his bit of evidence, and had shared the universal indignation against the murderer. when public feeling took definite shape in the intention to lynch the prisoner, ellis felt a sudden sense of responsibility growing upon himself. when he learned, an hour later, that it was proposed to burn the negro, his part in the affair assumed a still graver aspect; for his had been the final word to fix the prisoner's guilt.
ellis did not believe in lynch law. he had argued against it, more than once, in private conversation, and had written several editorials against the practice, while in charge of the morning chronicle during major carteret's absence. a young man, however, and merely representing another, he had not set up as a reformer, taking rather the view that this summary method of punishing crime, with all its possibilities of error, to say nothing of the resulting disrespect of the law and contempt for the time-honored methods of establishing guilt, was a mere temporary symptom of the unrest caused by the unsettled relations of the two races at the south. there had never before been any special need for any vigorous opposition to lynch law, so far as the community was concerned, for there had not been a lynching in wellington since ellis had come there, eight years before, from a smaller town, to seek a place for himself in the world of action. twenty years before, indeed, there had been wild doings, during the brief ku-klux outbreak, but that was before ellis's time,—or at least when he was but a child. he had come of a quaker family,—the modified quakers of the south,—and while sharing in a general way the southern prejudice against the negro, his prejudices had been tempered by the peaceful tenets of his father's sect. his father had been a whig, and a non-slaveholder; and while he had gone with the south in the civil war so far as a man of peace could go, he had not done so for love of slavery.
as the day wore on, ellis's personal responsibility for the intended auto-da-fé bore more heavily upon him. suppose he had been wrong? he had seen the accused negro; he had recognized him by his clothes, his whiskers, his spectacles, and his walk; but he had also seen another man, who resembled sandy so closely that but for the difference in their clothes, he was forced to acknowledge, he could not have told them apart. had he not seen the first man, he would have sworn with even greater confidence that the second was sandy. there had been, he recalled, about one of the men—he had not been then nor was he now able to tell which—something vaguely familiar, and yet seemingly discordant to whichever of the two it was, or, as it seemed to him now, to any man of that race. his mind reverted to the place where he had last seen sandy, and then a sudden wave of illumination swept over him, and filled him with a thrill of horror. the cakewalk,—the dancing,—the speech,—they were not sandy's at all, nor any negro's! it was a white man who had stood in the light of the street lamp, so that the casual passer-by might see and recognize in him old mr. delamere's servant. the scheme was a dastardly one, and worthy of a heart that was something worse than weak and vicious.
ellis resolved that the negro should not, if he could prevent it, die for another's crime; but what proof had he himself to offer in support of his theory? then again, if he denounced tom delamere as the murderer, it would involve, in all probability, the destruction of his own hopes with regard to clara. of course she could not marry delamere after the disclosure,—the disgraceful episode at the club would have been enough to make that reasonably certain; it had put a nail in delamere's coffin, but this crime had driven it in to the head and clinched it. on the other hand, would miss pemberton ever speak again to the man who had been the instrument of bringing disgrace upon the family? spies, detectives, police officers, may be useful citizens, but they are rarely pleasant company for other people. we fee the executioner, but we do not touch his bloody hand. we might feel a certain tragic admiration for brutus condemning his sons to death, but we would scarcely invite brutus to dinner after the event. it would harrow our feelings too much.
perhaps, thought ellis, there might be a way out of the dilemma. it might be possible to save this innocent negro without, for the time being, involving delamere. he believed that murder will out, but it need not be through his initiative. he determined to go to the jail and interview the prisoner, who might give such an account of himself as would establish his innocence beyond a doubt. if so, ellis would exert himself to stem the tide of popular fury. if, as a last resort, he could save sandy only by denouncing delamere, he would do his duty, let it cost him what it might.
the gravity of his errand was not lessened by what he saw and heard on the way to the jail. the anger of the people was at a white heat. a white woman had been assaulted and murdered by a brutal negro. neither advanced age, nor high social standing, had been able to protect her from the ferocity of a black savage. her sex, which should have been her shield and buckler, had made her an easy mark for the villainy of a black brute. to take the time to try him would be a criminal waste of public money. to hang him would be too slight a punishment for so dastardly a crime. an example must be made.
already the preparations were under way for the impending execution. a t-rail from the railroad yard had been procured, and men were burying it in the square before the jail. others were bringing chains, and a load of pine wood was piled in convenient proximity. some enterprising individual had begun the erection of seats from which, for a pecuniary consideration, the spectacle might be the more easily and comfortably viewed.
ellis was stopped once or twice by persons of his acquaintance. from one he learned that the railroads would run excursions from the neighboring towns in order to bring spectators to the scene; from another that the burning was to take place early in the evening, so that the children might not be kept up beyond their usual bedtime. in one group that he passed he heard several young men discussing the question of which portions of the negro's body they would prefer for souvenirs. ellis shuddered and hastened forward. whatever was to be done must be done quickly, or it would be too late. he saw that already it would require a strong case in favor of the accused to overcome the popular verdict.
going up the steps of the jail, he met mr. delamere, who was just coming out, after a fruitless interview with sandy.
"mr. ellis," said the old gentleman, who seemed greatly agitated, "this is monstrous!"
"it is indeed, sir!" returned the younger man. "i mean to stop it if i can. the negro did not kill mrs. ochiltree."
mr. delamere looked at ellis keenly, and, as ellis recalled afterwards, there was death in his eyes. unable to draw a syllable from sandy, he had found his servant's silence more eloquent than words. ellis felt a presentiment that this affair, however it might terminate, would be fatal to this fine old man, whom the city could ill spare, in spite of his age and infirmities.
"mr. ellis," asked mr. delamere, in a voice which trembled with ill-suppressed emotion, "do you know who killed her?"
ellis felt a surging pity for his old friend; but every step that he had taken toward the jail had confirmed and strengthened his own resolution that this contemplated crime, which he dimly felt to be far more atrocious than that of which sandy was accused, in that it involved a whole community rather than one vicious man, should be stopped at any cost. deplorable enough had the negro been guilty, it became, in view of his certain innocence, an unspeakable horror, which for all time would cover the city with infamy. "mr. delamere," he replied, looking the elder man squarely in the eyes, "i think i do,—and i am very sorry."
"and who was it, mr. ellis?"
he put the question hopelessly, as though the answer were a foregone conclusion.
"i do not wish to say at present," replied ellis, with a remorseful pang, "unless it becomes absolutely necessary, to save the negro's life. accusations are dangerous,—as this case proves,—unless the proof, be certain."
for a moment it seemed as though mr. delamere would collapse upon the spot. rallying almost instantly, however, he took the arm which ellis involuntarily offered, and said with an effort:—
"mr. ellis, you are a gentleman whom it is an honor to know. if you have time, i wish you would go with me to my house,—i can hardly trust myself alone,—and thence to the chronicle office. this thing shall be stopped, and you will help me stop it."
it required but a few minutes to cover the half mile that lay between the prison and mr. delamere's residence.
