CHAPTER XXXVII.
THE WRATH OF SHAGARACH.
Walter Riley, Thomas J. Fenton and Arthur Watts had a separate trialfrom the other members of the "club," which resorted to Lanty Lonergan'sback kitchen. There was only one charge against them--to wit, thelarceny of three bicycles and their sale to one Timothy Bagley,aforesaid, dealer in junk.
The government had little difficulty in proving its case. First, one ofthe owners of the bicycles testified to having recognized his wheel,cunningly repainted, in a stranger's possession, to following up itsrider and tracing it finally to an auction sale at which he hadpurchased it cheap. From the auctioneer to Bagley, from Bagley to the"club," was easy work for the officer detailed to investigate the theft.Walter's unsold wheel was confiscated, together with all the otherstolen property on the premises, and no fewer than seven of the boysplaced under arrest. But the only charge against Riley, Fenton and Wattswas the theft of the bicycles.
Bagley, the junkman, who was involved in the affair, had made a singularconfession, candid enough in most particulars but with great hiatuseshere and there concerning the disposal of certain articles, principallyarticles of value--a watch, a meerschaum pipe and the third of thebicycles. No threats or promises in private had been able to wring fromhim a confession concerning these points. But at the mention of a pipeShagarach had raised his head and, crossing over to the prosecutingattorney, secured a description of the missing object.
"You admit, then, that you offered Riley $10 for the bicycle which hehad ridden?" asked Shagarach of Bagley on cross-examination.
"Yes, sir."
"How often did you repeat this offer?"
"Several times--about four or five times."
"And the boy each time refused?"
"Yes, sir."
"What language did he use?"
"He said the wheel wasn't his."
"Which you knew very well, didn't you, without being told?"
"Yes, sir."
"And when you proposed that Fenton should ride the bicycle over to yourshop, what was Riley's conduct then?"
"I don't know of my own knowledge. But they told me that he wouldn'thave it."
"He threatened them, then?"
"Yes, sir, you might call it threatening."
"Then Riley would appear to have put forward some claim upon thebicycle, although he denied that it was his. Would you not say that heseemed to regard himself as its custodian rather than its proprietor?That he was storing it in Lonergan's kitchen until the occasion shouldarise when it might be returned to its owner?"
"Well, the boys said he was sorry for taking the wheel and that he nevermeant to steal it."
"That is all--all on that point, I mean." Bagley had started to leavethe stand. "There is another matter, however, with regard to the thirdbicycle--the one which has not been recovered"--Bagley shifted uneasilyto the opposite foot. "How does it happen that you, the sole repositoryof the secrets of these young law-breakers, can tell us nothing ofthat?"
"I know nothing about it."
"And about the gold watch stolen from Mr. Merchant's window?"
"I don't know, sir."
"And the meerschaum pipe--of rare coloring, according to the connoisseurwho testified in the previous trial?"
"I know nothing about the watch and the pipe, sir. They are not in myline. I couldn't dispose of such articles."
"Ah! But you might be acquainted with somebody who could, might younot?"
"I suppose I might----"
"Some second-hand dealer, let us say?"
Bagley's eye dropped and he looked pale.
"Have you been visited, Bagley, by any one, since you were let out onbail?"
"Only by my bondsman."
"What is your bondsman's name?"
Bagley hesitated so long that the judge finally had to order him toanswer.
"Mr. Rabofsky," he stammered.
"Kindly subpoena Mr. Simon Rabofsky," said Shagarach to Aronson. "It isthat gentleman just starting to leave the room. He will remain for a fewmoments."
The writ was made out and handed by the awe-stricken Aronson to themoney-lender, who glared at him furiously. But he could not escape.
"Mr. Rabofsky is a second-hand dealer, I believe?" continued Shagarach.
"I think so."
"Of a higher class than yourself?"
"Oh, yes sir. Mr. Rabofsky's reputation is first class."
"How much money did Simon Rabofsky offer you to keep him out of thisscrape?" was the next question. The witness looked over at themoney-lender in terror; then back at Shagarach, and his terror wasintensified.
"No money," he finally gasped.
"Would you be willing to swear that if Mr. Henderson, the owner of thatpipe, should call to-day at 84 Salem street and request Mrs. RebeccaRabofsky to sell him the colored meerschaum which her husband wasshowing to a customer yesterday, when Mr. Shagarach called, he would betold that no such article was in the store?"
Either the length of the question or its import confused the witness.
"No, sir," he answered.
"You would not be willing----"
"Yes, sir, I mean--that is--how do I know?"
"Mr. Henderson," said Shagarach, turning to a gentleman present, "willdoubtless be interested enough to try. He could be back in half an hour.That will do, Bagley."
During the half-hour Shagarach put on, as witnesses for the defense,Walter's schoolmaster, who told an anecdote of his truthfulness andanother of his generosity, which were better than the warmest words ofgeneral commendation; and Emily Barlow, whose story of the theftaccorded exactly with Walter's own, which was honestly told, with acorrectness of language that his former master did not fail to notice.
"Only I never meant to steal it," he said finally. "We all clungtogether and I was sorry before I got home. I read the papers to see ifthe owners' names were given, but they lived too far out of town. If Iknew whose it was I would have ridden it out to him again."
To all this the judge listened coldly. He was a new appointee, fearfullest the balance of Libra on his unpracticed fingertip should inclinetoo much one way or the other. Just as Walter concluded, Mr. Hendersonreturned and Simon Rabofsky was summoned to the stand. He muttered inhis beard and flashed a glance of hatred at Shagarach.
"What do you know of this case?" asked the lawyer.
"Nothing."
He looked furtively at Mr. Henderson.
"That will do for the present. Mr. Henderson, will you kindly testify asto the result of your search?"
Mr. Henderson's testimony was brief and pointed. He had visited 84 Salemstreet, stating that he came from Mr. Rabofsky and desired to see acolored meerschaum pipe. The lady had shown him his own pipe. He hadpriced it. Twenty-five dollars. She had procured it, she said----
"One moment," interrupted Shagarach. "Will you kindly remain awhile, Mr.Henderson? Mr. Rabofsky again."
Rabofsky returned.
"You have heard Mr. Henderson's testimony?"
"I have heard it. If you had sense enough to ask me, I could have toldyou that without sending him off on a wild-goose chase."
Shagarach knew that Rabofsky was excited, because his accent came out sostrongly.
"Go on," he said, giving him the rope to hang himself by.
"I know nothing about this case. That pipe I took from a woman who wantedmoney. I lent her $25 and she never came back. All I ask is what I paidfor it, no more, no less, and so I wash my hands of all of you."
"Not yet," said Shagarach. "You are required by law to record the namesof persons who pawn articles. If we should send an officer down to yourshop would he find the woman's name in your book?"
"She would not give me her name."
"But you loaned her the money?"
"She cried and was so poor I took pity----"
"Enough," said Shagarach in temper. "Mr. Henderson!"
Mr. Henderson replaced Rabofsky a second time.
"You were about to say that you inquired of Mrs.
Rabofsky where herhusband obtained the pipe, were you not?"
"Yes, sir, I asked her that."
"What was her answer?"
"That it was his own pipe he had smoked for eleven years."
This statement produced a visible effect on the spectators. It concludedthe defense for Walter Riley. After the prosecuting attorneys hadpleaded for sentence, Shagarach briefly addressed the judge.
"The real criminals in this case, your honor, are the last twowitnesses--adults of responsible years, and one of them, at least,enjoying a reputable position. They were the receivers of the stolengoods and the encouragers of the crimes. Were I prosecuting attorney, Ishould suspend the cases against the young defendants until justice hadbeen done to both of these maturer thieves.
"I cannot look upon the deed committed on the lonely roadside atHillsborough as a serious offense, for which our code provides apenalty. It was a prank, played in the ebullient spirit of mischief, butgiven an ambiguous color by Miss Barlow's well-meant outcry of warning.Evil resides in the intentions of the mind. Not until Fenton and Wattsdisposed of the property which was not theirs was their misdemeanorconsummated and an unhappy practical jest warped into a legal theft.
"Even then, I might recommend clemency to all three offenders, onaccount of their youth and the restitution of the property. For I haveno doubt that the missing bicycle will be found installed beside themeerschaum pipe in Simon Rabofsky's back room. But, considering the evilassociations which these boys have formed, and their unfortunate homes,Fenton having no mother and Watts an intemperate one, I believe that ashort period of retirement, under the regular discipline of thereformatory, would be of advantage to them.
"But the case of Riley is different. His character is better than thatof the others. He is fortunate in possessing an excellent mother, whodepends upon him in part for support. Moreover, the refusal on his partto dispose of the bicycle, against a pressure few boys of his age couldresist, shows a moral courage which is exceedingly rare in myexperience, and which only needs fostering to develop its possessor intoan admirable man. I, therefore, respectfully suggest that Riley beplaced on probation."
If the judge were not so new to the bench he would have known thatShagarach's addresses were always brief. But, knowing the great lawyeronly by reputation, he judged that the brevity of his plea denoted aperfunctory interest in the case. The sentencing was deferred until 4o'clock, when a whole batch of prisoners filed into the "cage," oneafter another, to receive their punishments.
"Ochone!" cried a maundering old woman after every sentence, and eventhe court officers whispered to each other:
"Perkins is having a picnic to-day."
But there was little severity in the sentence accorded to thewhite-faced youth who came just before the three gamins. Emilyrecognized in amazement Mr. Arthur Kennedy Foxhall.
"In consideration of your social standing," said the judge, "of yourpromise to reform and of the fact that your weakness is one whichinjures only yourself, I will mitigate the penalty."
Then the clerk read out a fine of $20 and costs. The opium parlors of HiWong King had recently been raided. That is to say, four tall, youngishmen had entered one evening and called for dinner. For Hi Wong King'srestaurant was open to all. Chicken wings had been served them and anaromatic salad. Jelly pats had been dropped over their heads into daintyplates, on which droll baboons scratched their heads and tigers grimacedfiercely. Such is the art of the orient. Tea leaves newly steeped in abowl had taught them their first lesson in the needlessness of sugar andmilk; and they had practiced with the merry chopsticks, a pair in eachhand. Then, by way of diversion, they broke through the painted screensinto Hi Wong King's rear parlors and arrested eight opium smokers,Mongol and Caucasian, of both sexes; among these one who was dreamingover a peculiarly elegant pipe proved to be Emily's admirer.
"Riley, Fenton and Watts, stand up," said the clerk. Walter's cheekswere burning red, as he stood between his companions. They seemed tofeel the disgrace less keenly and looked at the clerk with sheepish andcunning glances.
"Fenton and Watts, you are sentenced to the reform school during yourminority, and Riley for the space of one year!"
"Ochone!" broke out the maundering old woman and a chill fell on Emily'sheart. Then the voice of Shagarach was heard in wrath. The buildingseemed to quake with its power. It was such a voice as that Romantribune may have owned who could make himself heard from end to end ofthe forum.
"Sir, you have just imposed a nominal fine on a mature man, who has notonly, as you speciously alleged, ruined himself by a degrading vice, butdone what example could to spread its contagion. Immediately after yousentence three poor children to long terms of imprisonment. Are youignorant that four in seven of all who enter those institutions returnto them sooner or later? Do you see no possible spark of reform in thenatures of these boys, no means of tiding over the danger period ofyouth, the formative years, the sowing season? Or do you think toscatter seeds inside a jail and reap some other crop than crime? Sir, itis not my sense of justice that social standing should condone offensesand social obscurity magnify them."
The ticking of the clock could be heard when Shagarach paused. Officerlooked at officer, as if they expected immediately to be called upon toexecute a sentence of contempt on the audacious lawyer. But Shagarach'sreputation was great, and Judge Perkins could not afford to inauguratehis session in the Criminal Court by a conflict with such a man. He onlystroked his chin nervously and pulled at his severe legal whiskers.
"I do not know which is the more deserving of censure," continuedShagarach, "the dangerous laxity of the one judgment, which virtuallyacquits a convicted lawbreaker, or the atrocious severity of the other,which condemns to a year's whole punishment the innocent act, alreadymore than atoned for, of a boy for whose uprightness I would pledge mypersonal word."
"Oh, if you are willing to vouch for the boy's good behavior," said thejudge, "I will put him on probation and reconsider the other sentences."
"I will accept the charge," said Shagarach.
Emily's heart leaped for joy, and Mrs. Riley could not be restrainedfrom rushing forward and embracing Walter in rapture. But the mosttouching moment came when Walter walked over to Shagarach and, withtears in his eyes, but a stanch voice, said: "I want to show you I amgrateful."
The Incendiary: A Story of Mystery Page 37