CHAPTER TWELFTH
Judge Meyer's court was crowded when the three big policemen, formed like a football team, wedged their way into the building. In the centre of the "A" walked the prisoner, handcuffed and chained like a murderer. When they had arrived in front of the judge and the officers stepped back they left the prisoner exposed to the gaze of the spectators. Standing six feet two, strong and erect, he looked as bold and defiant as a Roman warrior, and at sight of him there ran a murmur through the court room which was promptly silenced by the judge.
In response to the usual questions the prisoner said his name was Dan Moran, that his occupation was that of a locomotive engineer. He had been in the employ of the Burlington for a quarter of a century—ever since he was fifteen years old—but being one of the strikers he was now out of employment.
"You are charged," said the clerk, "with trespassing upon the property of the Chicago, Burlington & Quincy Railroad Company, inciting a riot, attempting to blow up a locomotive and threatening the life of the engineer. How do you plead?"
"Not guilty," said the old engine-driver, and as he said this he seemed to grow an inch and looked grander than ever.
Being asked if he desired counsel the prisoner said he did not, that the whole matter could be explained by a single witness—an employee of the company.
The company detective and the police officers exchanged glances, the judge coughed, the crowd of loafers shifted ballast and rested on the other foot. Only the prisoner stood motionless and erect.
The detective, the first witness for the prosecution, testified that he had followed the prisoner into the yards from among the freight cars, watched him approach the engine Blackwings and talk with the engineer. He could not make out all that passed, but knew that the men had quarrelled. He had seen the prisoner stoop down and fumble about the air-pump on the engineer's side of the engine. He then rose and as he moved off made some threat against the life of the engineer and about "ditching" the train.
Being asked to repeat this important part of his testimony, the witness admitted that he could not repeat the threat exactly, but he was positive that the prisoner had threatened the life of the engineer of the Denver Limited. He was positive that the last words uttered by the prisoner as he left the engine were these: "This train, by this time, ought to be in the ditch." The witness followed the statement with the explanation that the train was then nearly two hours late. "This," said the witness, still addressing the court, "was found in the prisoner's inside coat pocket," and he held up a murderous looking stick of dynamite. After landing the would-be dynamiter safely in jail the detective had hastened back to the locomotive, which was then about to start out on her perilous run, and had found a part of the fuse, which had been broken, attached to the air brake apparatus. This he exhibited, also, and showed that the piece of fuse found on the engine fitted the piece still on the dynamite.
It looked like a clear case of intent to kill somebody, and even the prisoner's friends began to believe him guilty. Three other witnesses were called for the prosecution. The company's most trusted detective, and a Watchem man testified that the prisoner had, up to now, borne a good reputation. He had been one of the least noisy of the strikers and had often assisted the police in protecting the company's property. The master-mechanic under whom Dan Moran had worked as a locomotive engineer for twenty years took the stand and said, with something like tears in his voice, that Dan had been one of the best men on the road. Being questioned by the company's attorney he gave it as his opinion that no dynamite was attached to the air-pump of Blackwings when she crossed the table, and that if it was there at all it must have been put there after the engine was coupled on to the Denver Limited. Then he spoiled all this and shocked the prosecuting attorney by expressing the belief that there must be some mistake.
"Do you mean to say that you disbelieve this gentleman, who, at the risk of his life, arrested this ruffian and prevented murder?" the lawyer demanded.
"I mean to say," said the old man slowly, "that I don't believe Dan put the dynamite on the engine."
When the master-mechanic had been excused and was passing out Dan put out his hand—both hands in fact, for they were chained together—and the company's officer shook the manacled hands of the prisoner and hurried on.
When the prosecution had finished, the prisoner was asked to name the witness upon whom he relied.
"George Cowels," said the accused, and there ran through the audience another murmur, the judge frowned, and the standing committee shifted back to the other foot.
"Your Honor, please," said the attorney rising, "we are only wasting time with this incorrigible criminal. He must know that George Cowels is dead for he undoubtedly had some hand in the murder, and now to show you that he had not, he has the temerity to stand up here and pretend to know nothing whatever about the death of the engineer. I must say that, quiet and gentle as he is, he is a cunning villain to try to throw dust in the eyes of the people by pretending to be ignorant of Cowels's death. I submit, your Honor, there is no use in wasting time with this man, and we ask that he be held without bail, to await the action of the grand jury."
Dan Moran appeared to pay little or no attention to what the lawyer was saying, for the news of Cowels's death had been a great shock to him. The fact that he had been locked up over night and then brought from the jail to the court in a closed van might have accounted for his ignorance of Cowels's death, but no one appeared to think of that. But now, finding himself at the open door of a prison, with a strong chain of circumstantial evidence wound about him, he began to show some interest in what was going on.
The judge, having adjusted his glasses, and opened and closed a few books that lay on his desk, was about to pronounce sentence when the prisoner asked to be allowed to make a statement.
This the attorney for the company objected to as a waste of time, for he was satisfied of the prisoner's guilt, but the judge over-ruled the objection and the prisoner testified.
He admitted having had the dynamite in his pocket when arrested, but said he had taken it from the engine to prevent its exploding and wrecking the locomotive. He said he had quarrelled with the engineer of Blackwings at first, but later they came to an understanding. He then gave the young runner some fatherly advice, and started to leave when he was arrested.
Although he told his story in a straightforward honest way, it was, upon the face of it, so inconsistent that even the loafers, changing feet again, pitied the prisoner and many of them actually left the room before the judge could pronounce sentence. Moran was held, of course, and sent to jail without bail. He had hosts of friends, but somehow they all appeared to be busy that evening and only a few called to see him.
One man, not of the Brotherhood, said to himself that night as he went to his comfortable bed: "I will not forsake the company, neither will I forsake Dan Moran until he has been proven guilty."
CHAPTER THIRTEENTH
While Dan Moran was being examined in Judge Meyer's ill-smelling court in Chicago a coroner's jury was sitting on the body of the dead engineer at Galesburg. Hundreds of people had been at the station and witnessed the arrival of the express train that came in with a dead engine, with snow on her headlight, and a dead engineer hanging out of the window. Hundreds of people could testify that this had happened, but none of them knew what had caused the death of the engine-driver. Medical experts who were called in to view the body could find no marks of violence upon it and, in order to get out of a close place without embarrassment, agreed that the engineer had died of heart failure. This information, having been absorbed by the jury, they gave in a verdict to that effect. If the doctors had said, "He died for want of breath," the verdict would no doubt have agreed perfectly with what the doctors said.
After the train had arrived and the coroner was called and had taken the dead man from the engine, Barney Guerin had wandered into a small hotel near the station and engaged a room for the night. Being the only person on the engine at the time of the engineer's death, Guerin was very naturally attracting the attention of the railway officials, and calling about him, unconsciously, all the amateur detectives and newspaper reporters in the place. Fortunately for him, he was arrested, upon a warrant sworn out by the station agent, and lodged in jail before the reporters got at him. Here he was visited by a local lawyer, for the company, and instructed to say nothing whatever about the death of Cowels.
Upon the announcement of the verdict of the coroner's jury the prisoner was released, and returned to Chicago by the same train that bore the remains of the dead engineer.
Guerin, whose heart was as big as his body and as tender as a woman's, hastened to the home of his late companion and begged the grief-sick widow to allow him to be of some service to her. His appearance (she had known him by sight) excited her greatly for she knew he had been arrested as the murderer of her husband.
The news he brought of the verdict of the coroner's jury, which his very presence corroborated, quieted her and she began to ask how it had all happened.
Guerin began cautiously to explain how the engineer had died, still remembering the lawyer's advice, but before he had gone a dozen words the poor woman wept so bitterly that he was obliged to discontinue the sad story.
Then came the corpse, borne by a few faithful friends—some of the Brotherhood and some of the railway company—who met thus on neutral ground and in the awful presence of death forgot their feud. Not an eye was dry while the little company stood about as the mother and boy bent over the coffin and poured out their grief, and the little girl, not old enough to understand, but old enough to weep, clung and sobbed at her mother's side.
The next day they came again and carried Cowels away and buried him in the new and thinly settled side of the grave-yard, where the lots were not too high, and where for nearly four years their second son, a baby boy, had slept alone. Another day came and the men who had mixed their tears at the engineer's grave passed one another without a nod of recognition, and, figuratively speaking, stood again to their respective guns.
One man had been greatly missed at the funeral, and the recollection that he had been greatly wronged by the dead man did not excuse him in the eyes of the widow. Dan Moran had been a brother, a father, everything to her husband and now when he was needed most, he came not at all. Death, she reasoned, should level all differences and he should forgive all and come to her and the children in their distress. At the end of a week this letter came:
County Jail, – 1888.
My dear Mrs. Cowels:
Every day since George's death I have wanted to write you to assure you of my innocence and of my sympathy for you in this the hour of your sorrow. These are dreadful times. Be brave, and believe me
Your friend,
Dan Moran.
This letter, and the information it contained, was as great a surprise to Mrs. Cowels as the news of Cowels's death had been to Moran. She began at the beginning and read it carefully over again, as women always do. She determined to go at once to the jail. She was shrewd enough to say "Yes" when asked if the prisoner were related in any way to her, and was shortly in the presence of the alleged dynamiter. She did not find him walking the floor impatiently, or lying idly on his back counting the cracks in the wall, but seated upon his narrow bed with a book resting on his cocked-up knees, for, unlike most railway employees, Moran was a great reader.
"I'm glad to see you, Mrs. Cowels," he said in his easy, quiet way, as he arose and took her hand, "but sorry we are compelled to meet under such melancholy circumstances."
At sight of their old friend her woman's heart sent forth a fresh flood of tears, and for some moments they stood thus with heads bowed in silent grief.
"I'm sorry I can't offer you a chair," said the prisoner after she had raised her head and dried her eyes. "This only chair I have is wrecked, but if you don't mind the iron couch—" and then they sat down side by side and began to talk over the sad events of the past week.
"Your presence here is a great surprise," began Moran, "and a great pleasure as well, for it leads me to hope that you believe me innocent."
"How could I believe you otherwise, for I do not know now of what you are accused, nor did I know, until I received your note, that you were imprisoned."
"But the papers have been full of—"
"Perhaps," she said interrupting him, "but I have not looked at a paper since I read of the death of George."
Here she broke down again and sobbed so that the guard outside the cell turned his back; and the old engineer, growing nervous, a thing unusual for him, decided to scold her.
"You must brace up now, Nora,—Mrs. Cowels, and close your sand valve. You've got a heavy load and a bad rail, and you mustn't waste water in this way."
"Oh! I shall never be able to do it, Dan, I shall die—I don't want to live and I shall die."
"You'll do nothing of the sort—women don't die so easy; thousands of others, not half as brave as you are, have made the same run, hard as it seems, and have come in on time. There are few sorrows that time will not heal. Engine-men are born to die, and their wives to weep over them and live on—you will not die."
"But I—I shall die," sobbed the woman.
Before he could reply the door opened and an elderly man, plainly, but comfortably dressed, stood before them.
Moran gave his hand to the newcomer in silence and it was taken in silence; then, turning to the veiled figure he said: "Mrs. Cowels, this is our master-mechanic."
When the visitor had taken her hand and assured her of his sympathy, Moran asked them to be seated, and standing before them said:
"Mrs. Cowels has just asked me why I am here, and I was at the point of replying when you came in. Now, with your permission I will tell her, for I am afraid, my friend, that you did not quite understand me that day in court. I am charged with trespassing upon the property of the Chicago, Burlington, and Quincy Railroad Company, inciting a riot (although there was no riot), attempting to blow up Blackwings and threatening to kill George Cowels."
"Oh! how could they say such dreadful things?" said Mrs. Cowels, "and I suppose that you were not even on the company's ground!"
"Oh yes, I was. I went to the engine, and quarrelled with George, just as the detective said I did, but we only quarrelled for a moment because George could not know why I came."
"But you did not threaten to kill George?" said the woman excitedly.
"No."
"Tell me, Dan," said the master-mechanic, "had you that stick of dynamite when the detective arrested you? Tell us truly, for you are talking to friends."
"There is something about the dynamite that I may not explain, but I will say this to you, my friends, that I went to the engine, not to kill Cowels, but to save his life, and I believe I did save it, for a few hours at least."
Mrs. Cowels looked at the man, who still kept his seat on the narrow bed, as though she wished him to speak.
"Dan," he began, "I don't believe you put that dynamite on the engine; I have said so, and if I don't prove it I am to be dismissed. That conclusion was reached to-day at a meeting of the directors of the road. I have been accused of sympathy with the strikers, it seems, before, and now, after the statement by the attorney that I used my influence to have you discharged after he had made out a clear case against you, I have been informed by the general manager that I will be expected to prove your innocence or look for another place.
"I have been with the Burlington all my life and don't want to leave them, particularly in this way, but it is on your account, more than on my own, that I have come here to-night to ask you to tell the whole truth about this matter and go from this place a free man."
"To do that I must become an informer, the result of which would be to put another in my place. No, I can't do that; I've nothing to do at present and I might as well remain here."
"And let your old friend here be discharged, if not disgraced?" asked Mrs. Cowels.
"No, that must not be," said Moran, and he was then silent for a moment as if trying to work out a scheme to prevent that disaster to his much-loved superior. "You must let me think it over," he said, presently. "Let me think it over to-night."
"And let the guilty one escape," Mrs. Cowels added.
"Some people seem to think," said Moran, with just a faint attempt at a smile, "that the guilty one is quite secure."
"Don't talk nonsense, Dan," she said, "you know I believe you."
"And you, my friend?" he said as he extended his hand to the official.
"You know what I believe," said the visitor; "and now good-night—I shall see you again soon."
"I hope so," said Dan. "It is indeed very good of you to call, and of you, too," he added, as he turned to his fairer visitor. "I shall not forget your kindness to me, and only hope that I may be of some help to you in some way, and do something to show my appreciation of this visit and of your friendship. But," he added, glancing about him, "one can't be of much use to his friends shut up in a hole like this."
"You can do me a great favor, even while in prison," she said.
"Only say what it is and I shall try."
"Tell us who put the dynamite on Blackwings."
"I shall try," he said, "only let me have time to think what is best to do."
"What is right is what is best to do," said Mrs. Cowels, holding out her hand—"Good-night."
"Good-night," said the prisoner, "come again when you can, both of you." And the two visitors passed out into the clear, cold night, and when the prisoner had seen them disappear he turned to his little friend, the book.
CHAPTER FOURTEENTH
"Mr. Scouping of The London Times would like to see you for a few minutes," said the jailor.
"I don't care to see any newspaper man," said Moran, closing his book.
"I knew that," said the jailor, "but this man is a personal friend of mine and in all the world there is not his equal in his chosen profession, and if you will see him just for a few minutes it will be a great favor to me. I feel confident, Dan, that he can be of service to you—to the public at least—will you see him?"
The jailor had been extremely kind to the engineer and when he put the matter as a personal request, Moran assented at once and Mr. Scouping was ushered in. He was a striking figure with a face that was rather remarkable.
"Now, what are you thinking about?" asked the visitor, as Moran held his hand and looked him full in the face.
"Oh!" said the prisoner, motioning the reporter to a chair which the jailor had just brought in, "I was thinking what a waste of physical strength it was for you to spend your time pushing a pencil over a sheet of paper."
"Are you sure?"
"Quite sure. What were you thinking about?"
"The trial of the robbers who held up the Denver Limited at Thorough-cut some eight or ten years ago. You look like the man who gave one of them a black eye, and knocked him from the engine, branding him so that the detectives could catch him."
Moran smiled. He had been thinking on precisely the same subject, but, being modest, he did not care to open a discussion of a story of which he was the long-forgotten hero. "It strikes me," said Moran, "as rather extraordinary that we should both recall the scene at the same time."
"Not at all," said the reporter. "The very fact that one of us thought of it at the moment when our hands and eyes met would cause the other to remember."
"Perhaps you reported the case for your paper, that we saw each other from day to day during the long trial, and that I remembered your face faintly, as you remembered mine. Wouldn't that be a better explanation?"
"No," said the journalist cheerfully. "I must decline to yield to your argument, and stick to my decision. What I want to talk to you about, Mr. Moran, is not your own case, save as it may please you, but about the mysterious death of Engineer Cowels."
"I know less about that, perhaps, than any man living," said Moran frankly.
"But you know the fireman's story?"
"No."
"Well, he claims that they were running at a maddening rate of speed, that he and the engineer had quarrelled as to their relative positions in the estimation of the public in general, the strikers in particular. Cowels threw a hammer at the fireman, whereupon Guerin, as he claims, caught the man by the left arm and by the back of the neck and shoved his head out of the window. The engineer resisted, but Guerin, who is something of an athlete, held him down and in a few moments the man collapsed."
"How fast were they going?"
"Well, that is a question to be settled by experts. How fast will Blackwings go with four cars empty?"
"Ninety miles an hour."
"How fast would she go, working 'wide open in the first notch,' as you people say, down Zero Hill?"
"She would go in the ditch—she could hardly be expected to hold the rail for more than two minutes."
"But she did hold it."
"I don't believe it," said the old driver; "but if she did, she must have made a hundred miles an hour, and in that case the mystery of Cowels's death is solved—he was drowned."
"But his clothes were not wet, and he was still in the window when they reached Galesburg."
"I do not mean," said Moran, "that he was drowned in the engine-tank, but in the cab window—in the air."
"That sounds absurd."
"Try it," said the prisoner. "Get aboard of Blackwings, strike the summit at Zero Hill with her lever hooked back and her throttle wide open, let a strong man hold your head out at the window, and if she hangs to the rail your successor will have the rare opportunity of writing you up."
"Do you mean that seriously?"
"I do. If what you tell me is true, there can be no shade of doubt as to the cause of Cowels's death."
"I believe," said the reporter, "that you predicted his death, or that the train would go in the ditch, did you not?"
"No."
"I was not present at the examination, but it occurs to me that the man who claimed to be a detective, and who made the arrest, swore that you had made such a prediction."
"Perhaps," said Moran. "The truth is when that fellow was giving his testimony I was ignorant of Cowels's death, upon whose evidence I hoped to prove that the fellow was lying wilfully, or that he had misunderstood me, and later, I was so shocked and surprised at the news of my old fireman's death that I forgot to make the proper explanation to the magistrate."
"Why not make that explanation now? These are trying times and men are not expected to be as guarded in their action as in times of peace."
"If you hope to learn from me that I had anything to do with Cowels's death, or with the placing of the dynamite upon the locomotive, I am afraid you are wasting your time. Suppose you are an army officer, the possessor of a splendid horse—one that has carried you through hundreds of battles, but has finally been captured by the enemy. You are fighting to regain possession of the animal with the chances of success and failure about equally divided, but you have an opportunity, during the battle, to slay this horse, thereby removing the remotest chance of ever having it for yourself again, to say nothing of the wickedness of the act,—would you do it?"
"I should say not."
"And yet, I venture to say," said the prisoner, "that there is no love for a living thing that is not human, to equal the love of a locomotive engineer for his engine. To say that he would wilfully and maliciously wreck and ruin the splendid steed of steel that had carried him safely through sun and storm is utterly absurd."
"But what was it, Mr. Moran, that you said about the train going in the ditch?"
"I have a little motto of my own," said the engineer, with his quiet smile, "which makes the delay of an express train inexcusable, and I was repeating it to George, as I had done scores of times before. It is that there are only two places for an express train; she should either be on time or in the ditch. It may have been rather reckless advice to a new runner, but I was feeling a mite reckless myself; but, above all the grief and disappointments (for the disgrace of my fireman's downfall was in a measure mine) arose the desire that Blackwings should not be disgraced; such is the love of the engineer for his engine."
The old engineer had shown much feeling, more than was usual for him to display, while talking about his engine, and the reporter was impressed very favorably. "This has been most interesting to me," said the journalist; "and now I must leave you to your book, or to your bed," and then the two men shook hands again and parted.
It was almost midnight when a closed carriage stopped at the general office of the Burlington Company, and the man who had been representing The London Times stepped out.
The Philosopher, who was still on duty, touched his cap and led the visitor to the private office of the general manager.
"By Jove, Watchem," said the railway man, advancing to meet his visitor, "I had nearly given you up—what success?"
"Well," said the great detective, removing his heavy coat, "I have had a talk with Moran. Why, I know that fellow; he is the hero of the celebrated Thorough-cut train robbery, and he ought to be wearing a medal instead of irons."
"What! for attempting to blow up an engine?" asked the general manager.
"He never did it," said the dark man positively. "He may know who did do it, but he will not tell, and he ought to be discharged."
"He will never be until he is proved innocent," said the railroad man.
"One of the conditions," began the detective deliberately, "upon which I took charge of this business was that I should have absolute control of all criminal matters and I am going to ask you to instruct the prosecuting attorney's office to bring this man before Judge Meyer to-morrow morning and ask that he be discharged."
"The prosecuting attorney will never consent," said the general manager. "He believes the man guilty."
"And what do I care for his opinion or his prejudice? What does it matter to the average attorney whether he convicts or acquits, so long as his side wins? Before we proceed further with this discussion, I want it distinctly understood that Dan Moran shall be released at once. The only spark of pleasure that comes into the life of an honest detective, to relieve the endless monotony of punishing the wicked, is the pleasure of freeing those wrongfully accused. Dan Moran is innocent; release him and I will be personally responsible for him and will agree to produce him within twenty-four hours at any time when he may be wanted."
The general manager was still inclined to hold his ground, but upon being assured that the Watchem detective agency would throw the whole business over unless the demands of the chief were acceded to, he yielded, and after a brief conference the two men descended, the Philosopher closed the offices and went his way.