whilst the servant was gone there was a great clatter of arrival of a motor at the hotel; but all in athlyne’s room were too deeply concerned with their own affairs to notice it.

presently there was a light tap at the door, and the sheriff’s “may i come in?” was heard. colonel ogilvie went himself to the door and threw it open. beside the sheriff stood a lady, heavily clad and with a motor veil.

“joy! joy!” said the veiled figure, and aunt judy stepping forward took the girl in her arms. in the meantime the sheriff was explaining the situation:

“i was just coming from my room in obedience to your summons, when this lady entered the hall. she was asking for you, colonel, and for miss ogilvie, as who she had learned at the railway station, was stopping here. i ventured to offer my services, and as she was coming up here, undertook to pilot her.”

joy was delighted to see judy. she had so long been accustomed to look with fixed belief on her love and friending that she now expected she would be able to set matters right. had she had any doubt of her aunt’s affection such must have soon disappeared in the warmth of the embrace accorded by her. when this was concluded—which was soon for it was short, if strenuous—she turned to colonel ogilvie and held out her hand:

“good morning, lucius. i see you got here all right. i hope you had a good journey?” then turning to athlyne she said, as if in surprise:

“why, mr. hardy, how are you? and how do you come to be here? we thought we were never going to see you again.” then she rattled on; it was evident to joy, and to colonel ogilvie also, that she was purposeful to baffle comment by flow of her own speech:

“lucius, you must thank this gentleman who is, as the landlady whispered to me, the sheriff of somewhere or other. he’s a nice man, but a funny sort of sheriff. when i asked him where was his posse he didn’t know what i meant.” here she was interrupted by the sheriff who said with a low bow to her:

“it is enough for any man, dear lady, to be in esse in such a charming presence!” judy did not comprehend the joke; but she knew, being a woman, that some sort of compliment was intended; and, being a woman, beamed accordingly:

“thank you, sir, both for your kindness in helping me and for your pretty talk. joy, i have brought your dressing bag and a fresh rig out. you must need them, poor dear. now you must tell me all your adventures. i told them to bring the things presently to your room. i shall then come with you whilst you are changing. now, mr. sheriff, we must leave you for a little; but i suppose that as you have to talk business—you told me they had sent for you—you will doubtless prefer to be without us?”

“your pardon,” said the sheriff gracefully. “i hope the time will never come when i shall prefer to be without such charming company!” this was said with such a meaning look, and in such a meaning tone, that judy coloured. joy, unseen by the others, smiled at her, rejoicing. the sheriff, thinking they were moving off, turned to the colonel saying:

“now, colonel ogilvie, i am at your disposal; likewise such knowledge of law and custom as i possess.” he purposely addressed himself to colonel ogilvie, evidently bearing in mind athlyne’s look of warning to silence regarding himself.

whilst he had been speaking, joy stood still, holding judy by the hand and keeping her close to her. judy whispered, holding her mouth close to her ear and trying to avoid the observation of the others:

“come away dear whilst they are talking. they will be freer alone!” joy whispered in return:

“no, i must not go. i must stay here, i am wanted. do not say anything, dear—not a word; but stay by me.” judy in reply squeezed her hand and remained silent. colonel ogilvie, with manifest uneasiness and after clearing his throat, said to the sheriff:

“as you have been so good sir, as to tell me some matters of law; and as you have very kindly offered us other services, may i trespass on your kindness in enlightening me as to some matters of fact.” the sheriff bowed; he continued:

“i must crave your indulgence, for i am in some very deep distress, and possibly not altogether master of myself. but i need some advice, or at any rate enlightenment as to some matters of law. and as i am far from home and know no one here who is of legal authority—except yourself,” this with a bow, “i shall be deeply grateful if i may accept your kindness and speak to you as a friend.” again the sheriff bowed, his face beaming. colonel ogilvie, with a swift, meaning glance at each of the others in turn, went on:

“i must ask you all to keep silent. i am speaking with this gentleman for my own enlightenment, and require no comments from any of you. indeed, i forbid interruption!” unpromising as this warning sounded, both joy and athlyne took a certain comfort from it. the point they both attached importance to was that athlyne was simply classed with the rest without differentiation. the sheriff, who feared lest the father’s domineering tone might provoke hostilities, spoke quickly:

“now, colonel ogilvie, i am at your disposal for whatever you may wish to ask me.”

“i suppose mr. sheriff, i need not say, that i trust you will observe honourable silence regarding this whole painful affair; as i expect that all present will.” this was said with a threatening smile. when the sheriff bowed acceptance of the condition he went on:

“since you spoke to us here a little while ago a strange enlightenment has come to me. indeed a matter so strange and so little in accord with the experiences of my own life that i am in a quandary. i should really like to know exactly how i—how we all stand at present. from what you have said about the scottish marriage laws i take it that you have an inkling of what has gone on. and so, as you are in our confidence, you will not perhaps mind if i confide further in you?”

“i shall be deeply honoured, colonel ogilvie.”

“thank you again, sir. you are a true friend to a man in deep distress and in much doubt … we are, as you perhaps know, americans. my daughter’s life was saved by a gentleman in new york. i think it right to say that it was on his part a very gallant act, and that we were all deeply grateful to him. he came to my house—at my own invitation; and my wife and her sister, miss judith hayes”—the sheriff turned to judy and bowed as at an introduction; she curtsied in reply—“were very pleased with him. but we never saw him again. he returned very soon afterwards to england; and though we were coming to london he never came near us. indeed his neglect was marked; for though i invited him to call, he ignored us.” as he said this he looked straight at athlyne with hard eyes. “i have reason to know that my daughter was much interested in him. ordinarily speaking i should not mention a matter of this kind. but as i have received from him—it has only been made known to me in the interval since our meeting—an assurance of his affection and a proffer of marriage, i feel that i may speak.” he turned away and began walking up and down the room as though trying to collect his thoughts.

as joy heard him speak of her own interest in the man and of his proposal of marriage she blushed deeply, letting her eyes fall. but when, by some of the divine instinct of love, she knew that he was looking ardently at her she raised them, swimming, to his. and so once more they looked deep into each other’s souls. judy felt the trembling of the girl’s hand and held it harder with a sympathetic clasp, palm to palm and with fingers interlaced. she felt that she understood; and her eyes, too, became sympathetically suffused. the sheriff had now no eyes except for judy. whilst the colonel had been speaking he had looked at him of course—he knew well that it would be a cause of offence if he did not. but the walking up and down gave him opportunity for his wishes. judy could not but recognise the ardour of his glance, and she too blushed exceedingly. somehow, she was glad of it; she knew that blushing became her, and she felt that she would like to look her best to the eyes of this fine, kindly old man.

when colonel ogilvie began to speak again there was a change in him. he seemed more thoughtful, more cautious, more self-controlled; altogether he was more like his old self. there was even a note of geniality in his voice.

“what i want to ask you in especial is this: how can we avoid any sort of scandal over this unhappy occurrence? my daughter has acted thoughtlessly in going out alone in a motor with a gentleman. through a series of accidents it appears that that ride was unduly and unintentionally prolonged, and ended in her being caught in a fog and lost. by accident she came here, walking after the motor had broken down. she slept last night in that room; and the man, who had also found his way hither later, slept, unknowing of her proximity, in this. i need not tell you that such a state of things is apt to lead to a scandal. now, and now only, is the time to prevent it” … he was interrupted by the sheriff who spoke hurriedly, as one who had already considered the question and had his mind made up:

“there will be no scandal!” he spoke in so decided a way that the other was impressed.

“how do you know? what ground have you for speaking so decidedly?”

“it rests entirely on you—yourself, colonel ogilvie.”

“what!” his tone was laden with both anger and surprise. “do you think i would spread any ill report of my own daughter? sir, you must——” once more the sheriff cut into his speaking:

“you misapprehend me, colonel ogilvie. you misapprehend me entirely. why should i—how could i think such a thing! no! i mean that if you accept the facts as they seem to me to be, no one—not you, nor any one else, can make scandal; if you do not!”

“explain yourself,” he interrupted. “nay, do not think me rude”—here he put up a deprecating hand—“but i am so deeply anxious about my daughter’s happiness—her future welfare and happiness,” he added as he remembered how his violent attitude had, only a few minutes ago imperilled—almost destroyed, that happiness. joy had been, off and on, whispering a word to her aunt so that the latter was now fairly well posted in the late events.

“quite so! quite so, my dear sir. most natural thing in the world,” said the sheriff soothingly. “usual thing under the circumstances is to kill the man; or want to kill him!” as he spoke he looked at athlyne meaningly. the other understood and checked the words which were rising to his lips. then, having tided over the immediate danger of explosion, the sheriff went on:

“the fact is colonel ogilvie, that the series of doings (and perhaps misdoings) and accidents, which have led to our all meeting here and now, has brought about a strange conclusion. so far as i can see”—here his manner grew grave and judicial—“these two young people are at the present moment man and wife. lawfully married according to scottish law!”

the reception of this dictum was varied. colonel ogilvie almost collapsed in overwhelming amazement. joy, blushing divinely, looked at her husband adoringly. athlyne seemed almost transfigured and glorified; the realisation of all his hopes in this sudden and unexpected way showed unmistakably how earnest they had been. judy, alone of all the party, was able to express herself in conventional fashion. this she did by clapping her hands and, then by kissing the whole party—except the sheriff who half stood forward as though in hope that some happy chance might include him in the benison. she began with joy and went on to her brother-in-law, who accepted with a better grace than she feared would have been accorded. when she came to athlyne she hesitated for a moment, but with a “now-or-never” rush completed the act, and fell back shyly with a belated timorousness.

the sheriff, having paused for the completion of this little domestic ceremony, went on calmly:

“since i left you a few minutes ago i have busied myself with making a few necessary inquiries from my old servant jane mcbean, now mcpherson. i made them, i assure you colonel ogilvie, very discreetly. even jane, who is in her way a clever woman, has no suspicion that i was even making inquiry. the result has been to confirm me in my original conjecture, which was to the effect that there has been executed between these two people an ‘irregular’ marriage!” at the mention of the words the colonel exploded:

“god’s death, sir, the women of the ogilvies don’t make irregular marriages!” the sheriff went calmly on, only noticing the protest for the sake of answering it.

by this time joy and judith were close together, holding hands. insensibly the girl drew her aunt over to where athlyne was standing and took him by the arm. he raised his other hand and with it covered the hand that lay on his arm, pressing it closer as he listened attentively to the sheriff’s expounding of the law:

“i gather that i did not express myself clearly when a short time ago i spoke of the scottish marriage laws. let me now be more precise. and as i am trying to put into words understandable by all a somewhat complex subject i shall ask that no one present will make any remark whatever till this part of my task has been completed. i shall then answer to the best of my power any question or questions which any of you may choose to ask me.

“let me begin by assuring you all that what in scottish law we call an ‘irregular’ marriage is equally binding in every way with a ‘regular’ marriage; the word only refers to form or method, and in no wise to the antecedents or to the result. in our law ‘mutual consent’ constitutes marriage. you will observe that i speak of marriage—not the proof of it. proof is quite a different matter; and as it is formally to be certified by a court it is naturally hedged in by formalities. this consent, whether proved or not, whether before witnesses or not, should of course be followed by co-habitation; but even this is not necessary. the dictum of scots’ law is ‘concensus non concubitus facit matrimonium.’ but i have a shrewd suspicion that the mind of the court is helped to a declaration of validity when concensus has been followed by concubitus.

“now let us take the present case and examine it as though testing it in a court of law; for such is the true means to be exact. this man and woman—we don’t know ‘gentleman’ and ‘lady’ in the law—declared in the presence of witnesses that they were man and wife. that is, the man declared to the police sergeant at dalry that the woman was his wife; and the woman declared timeously to the police officer who made the arrest that the man was her husband. these two statements, properly set out, would in themselves be evidence not only of inferred consent by declaration de præsenti but of the same thing by ‘habit and repute.’ the law has been thus stated:

“‘it may be held that a man and a woman, by living together and holding themselves out as married persons, have sufficiently declared their matrimonial consent; and in that case they will be declared to be married although no specific promise of marriage or of de præsenti acknowledgement has been proved.’

“but there is a still more cogent and direct proof, should such be required. each of these consenting parties to the contract of ‘marriage by consent,’ on coming separately to this hotel last night gave to the servant of the house who admitted them the name by which i hold they are now bound in honourable wedlock!” he spoke the last sentences gravely and impressively after the manner of an advocate pressing home on a jury the conclusion of an elaborate train of reasoning. whilst speaking he had kept his eyes fixed on colonel ogilvie, who unconsciously took it that an exhortation on patience and toleration was being addressed to him. the effect was increased by the action of joy, who seeing him all alone and inferring his spiritual loneliness, left judith but still holding athlyne’s arm drew the latter towards him. then she took her father’s arm and stood between the two men whom she loved. judy quietly took athlyne’s other arm, and so all stood in line holding each other as they faced the sheriff. no one said a word; all were afraid to break the silence.

“we now come to further proofs if such be required. the woman, who arrived first, gave the name of lady athlyne.” here joy got fearfully red; she was conscious of her father’s eyes on her, even before she heard him say:

“that foolish joke again! did not i forbid you to use it daughter?” she felt it would be unwise to answer, to speak at all just at present. in desperation she raised her eyes to the face of her lover—and was struck with a sort of horrified amazement. for an instant it had occurred to him that joy must have known his identity—for some time past at all events. the thought was, however, but momentary. her eyes fell again quickly, and she stood in abashed silence. there was nothing to do now but to wait. the calm voice of the sheriff went on, like the voice of doom:

“the man arrived later. he himself had wired in his own name for rooms; but by the time he had arrived the possibility of his coming had, owing to the fog, been given up. the other traveller had been given the bedroom, and he slept on the sofa in the sitting-room—this room.” as he spoke he went over to the door of communication between the rooms and examined the door. there were no fastenings except the ordinary latch; neither lock nor bolt. he did not say a word, but walked back to his place. judy could not contain her curiosity any longer; she blurted out:

“what name did he give?” the sheriff looked at her admiringly as he answered:

“the name he gave, dear lady, was ‘athlyne’!”

“is that your name?” she queried—this time to athlyne.

“it is!” he pulled himself up to his full height and stood on his dignity as he said it. his name should not be dishonoured if he could help it.

colonel ogilvie stood by with an air of conscious superiority. he already knew the name from athlyne’s letter, though he had not up to that moment understood the full import of it. he was willing to be further informed through judy’s questioning.

“and you are lord athlyne—the earl of athlyne?”

“certainly!”

to the astonishment of every one of the company judy burst into a wild peal of hysterical laughter. this closely followed a speech of broken utterance which only some of those present understood at all—and of those some only some few partly. “athlyne!”—“kill him for it!”—“calling herself by his name,”—“oh! oh! a-h-h!” there was a prolonged screech and then hysterical laughter followed. at the first this unseemly mirth created a feeling of repulsion in all who heard. it seemed altogether out of place; in the midst of such a serious conversation, when the lives and happiness of some of those present were at stake, to have the train of thought broken by so inopportune a cachinnation was almost unendurable. colonel ogilvie was furious. well was it for the possibilities of peace that his peculiar life and ideas had trained him to be tolerant of woman’s weakness, and to be courteous to them even under difficulties. for had he given any expression to his natural enough feelings such would inevitably have brought him into collision—intellectual if not physical—with both athlyne and the sheriff; and either was to be deplored. joy was in her heart indignant, for several reasons. it was too hard that, just as things were possibly beginning to become right and the fine edge of tragedy to be turned, her father’s mind should be taken back to anger and chagrin. but far beyond this on the side of evil was the fact that it imperilled afresh the life of—of the man she loved, her … her husband. even the personal aspect to her could not be overlooked. the ill-timed laughter prevented her hearing more of … of the man who it now seemed was already her husband. however she restrained and suppressed herself and waited, still silent, for the development of things. but she did not consider looks as movements; she raised her eyes to athlyne’s adoringly, and kept them there. he in turn had been greatly upset for the moment; even now, whilst those wild peals of hysterical laughter continued to resound, he could not draw any conclusions from the wild whirl of inchoate thoughts. there was just one faint gleam of light which had its origin rather in instinct than reason, that perhaps the interruption had its beneficial side which would presently be made manifest. when joy looked towards him there was a balm for his troubled spirit. in the depths of her beautiful eyes he lost himself—and his doubts and sorrows, and was content.

the only one unmoved was the sheriff. his mental attitude allowed him to look at things more calmly than did those personally interested. with the exception of one phase—that of concern that this particular woman, who had already impressed her charming personality on his heart, should be in such distress—he could think, untroubled, of the facts before him. with that logical mind of his, and with his experience of law and the passions that lead to law-invoking, he knew that the realization of athlyne’s name and position was a troublesome matter which might have been attended with disastrous consequences. to a man of colonel ogilvie’s courage and strong passion the presence of an antagonist worthy of his powers is rather an incentive to quarrel than a palliative.

as to poor judy she was in no position to think at all. she was to all practical intents, except for the noise she was occasionally making—her transport was subsiding—as one who is not. she continued intermittently her hysterical phrenzy—to laugh and cry, each at the top note—and commingling eternally. she struggled violently as she sat on the chair into which she had fallen when the attack began; she stamped her heels on the floor, making a sound like gigantic castanets. the sound and restless movement made an embarrassing milieu for the lucid expression of law and entangled facts; but through it all the sheriff, whose purpose after all was to convince ogilvie, went on with his statement. by this time joy, and athlyne, whom with an appealing look she had summoned to help, were endeavouring to restore judy. one at either side they knelt by her, holding her hands and slapping them and exercising such other ministrations as the girl out of her limited experience of such matters could, happily to soothing effect, suggest. the sheriff’s voice, as calm voices will, came through the disturbance seemingly unhindered:

“thus you will note that in all this transaction the earl of athlyne had made no disguise of his purpose. to the police who arrested him he at once disclosed his identity, which the sergeant told me was verified by the name on his motor-driver’s license. he telegraphed to the hotel by his title—as is fitting and usual; and he gave his title when he arrived. as i have already said, he stated to the police, at first on his own initiative and later when interrogated directly on the point, that the woman in the motor was his wife. and the identity of the woman in the motor and the woman in the hotel can easily be proved. thus on the man’s part there is ample evidence of that matrimonial purpose which the law requires. all this without counting the letter to the woman’s father, in which he stated his wish and intention to marry her.

“now as to the woman—and i must really apologise to her for speaking of the matter in her presence.”—here athlyne interrupted his ministrations with regard to judy in order to expostulate:

“oh, i say mr. sheriff. surely it is not necessary.” but the sheriff shut him up quite shortly. he had a purpose in so doing: he wished in his secret heart to warn both athlyne and joy not to speak a word till he had indicated that the time had come for so doing.

“there is nothing necessary, my lord; except that both you and the young lady should listen whilst i am speaking! i am doing so for the good of you both; and i take it as promised that neither of you will say a single word until i have told you that you may do so.”

“quite right!” this was said sotto voce by colonel ogilvie.

“you, young madam, have taken upon yourself the responsibilities of wifehood; and it is right as well as necessary that you understand them; such of them at least as have bearing upon the present situation.

“as to the woman. she, when questioned by the police as to her status for the purpose of verification of lord athlyne’s statement, accepted that statement. later on, she of her own free will and of her own initiative, gave her name as lady athlyne—only the bearer of which could be the wife of the defender; i mean of lord athlyne.” the interruption this time came from colonel ogilvie.

“if lord athlyne is defender, who is the other party?”

“lady athlyne, or miss ogilvie, in whichever name she might take action, would be the pursuer!”

“sir!” thundered the colonel, going off as usual at half-cock, “do you insinuate that my daughter is pursuer of a man?” he grew speechless with indignation. the sheriff’s coolness stood to him there, when the fury of the kentuckian was directed to him personally. in the same even tone he went on speaking:

“i must ask—i really must ask that you do not be so hasty in your conclusions whilst i am speaking, colonel ogilvie. you must understand that i am only explaining the law; not even giving any opinion of my own. the terminology of scot’s law is peculiar, and differs from english law in such matters. for instance what in english law is ‘plaintiff and defendant’ becomes with us ‘pursuer and defender.’ there may be a female as well as a male pursuer. thus on the grounds of present consent as there is ample proof of matrimonial consent of either and both parties—sufficient for either to use against the other. i take it that the court would hold the marriage proved; unless both parties repudiated the intent. this i am sure would never be; for if there were any mutual affection neither would wish to cause such gossip as would inevitably ensue. and if either party preferred that the union should continue, either from motives of love or interest, the marriage could be held good. and i had better say at once, since it is a matter to be considered by any parent, that should there have been any valid ground for what you designate as ‘scandal,’ such would in the eyes of the law be only the proper and necessary completion of the act of marriage. and let me say also that the fact of the two parties, thus become one by the form of irregular marriage, having passed the night in this suite of rooms without bolt of fastening on the connecting door would be taken by a court as proof of consummation. no matter by what entanglement of events—no matter how or by what accident or series of accidents the two parties came into this juxtaposition!

“there is but one other point to be considered regarding the validity of this marriage. it is that of compliance with the terms of lord brougham’s act of 1856. the man has undoubted domicile in scotland for certain legal purposes. but the marriage law requires a further and more rigid reading of residence than mere possession of estates. the words are that one of the parties to the marriage must ‘have his or her usual place of residence’ in this country. but as i have shown you that in lord athlyne’s case his living in scotland for several weeks in one or other of his own houses would be certainly construed by any court as compliance with the act, i do not think that any question of legality could arise. indeed it is within my own knowledge that as a scottish peer—baron of ceann-da-shail—who declared scottish domicile on reaching his majority and whose ‘domicile of origin’ was not affected by his absence as an officer in foreign service, his status for the purpose of scottish marriage is unassailable.

“in fine let me point out that i am speaking altogether of proof of the marriage itself. the actual marriage is in law the consent of the parties; and such has undoubtedly taken place. the only possible condition of its nullity would be the repudiation of the implied consent by both of the parties. one alone would not be sufficient!

“and now, colonel ogilvie, as i believe it will be well that you and the two young people should consider the situation from this point of view, will you allow me to withdraw—still on the supposition that you will join me later at breakfast. and if this merry lady”—pointing to judy who had gained composure sufficiently to hear the end of his explanation—“will honour me by coming to my sitting-room, just below this, where breakfast will be served, it may perhaps be better. i take it that you will be all able to speak more freely, you and your daughter—and her husband!”

he withdrew gracefully, giving his arm to judy who having risen bashfully had taken his extended arm. she was blushing furiously.

the door closed behind him, leaving joy standing between her father and athlyne, and holding an arm of each.

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