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Janus T. Mitchell, former Chief Justice of the Supreme
Court of Pennsylvania.
CHAPTER VIII Continued
rpHE course of my life for the next ten years was now determined.
The vicissitudes of existence, however, arc very many and
an event which happened September 3 nearly interrupted th cur
)ent. In 1883 I bought for my mother, who hud about $100,000 in
herited from her father, Moore Hall, a property of 105 nercs, in
Chester County, near I'hocnixville. It is one of the famous colonial
places of the State, having been owned by William Moore, a colonel
in the French nnd Indian War and President Judge of the Court
of Common Picas of Chester County for forty years. He is buried
under the front step of St. David's Church, at Kadnor. I managed
the property for my mother and each summer we spent three months
there. After dark on the evening mentioned, I was driving toward
home in tin open wagon with two heats, on the rear of which sat
James Sommtw, a faithful and ugly old Irishmnn with a harelip.
From Nutt's road another road runs, at right angles, to the house.
As we approached this s-harp corner a wagon came rapidly behind
us, my hore made a .sudden plunge around the corner and threw both
James and myself out in the load. I lay with my feet caught nnd
my head on the ground between the wheels of the wagon, but
holding fast to the lines .succeeded in stopping the horse with the
hind wheel against my neck, while James, in distress, was crying
out "The Judge is kilt."
The Press said, editorially, April ID, 1889, that an eminent
criminal lawyer announced "that he had heard at least twenty
members of the bar declare that the quickness with which Judge
Pcnnypacker grasped the points of a enpo nnd the clearness of his
charges had not been excelled in tho Philadelphia courts." .
Quay, pleased with his venture, wrote to mo October 2o: "If I
told you all the good things I heard said of you by Democrats and
Itcpublicans this week in Philadelphia you would blush to the point
of apoplexy."
George Tucker Dispham, whose book upon "Equity" is every
where accepted as a text, said, in tho nominating convention: "He
is learned. He is patient. Ho is firm when firmness is required.
He is lenient when justice can properly be tempered by mercy. He
is always a gentleman."
During the month before the election the Clover Club gave a.
dinner at which I was one of tho invited guests. A3 it happened
a French fleet under tho command of Admiral do Coulston was
lying in the Delaware River, and the ofliccrs, including the Admiral,
were present at the dinner. In tho midst of the festivities Moses
P. Handy, n, newspaper editor, who was presiding, nroso and said:
"We have a member of tho judiciary present who will now addicss
you in his native vernacular, the Pennsylvania Dutch," and he
called upon riie. I could not have uttered ten words in Pennsylvania
Dutch, with which I had not tho slightest familiarity, but in French
I presented greetings to the Admiral and told how Lafayette had"
come to us in the Revolutionary War, and how wo had won our
independence through the assistance of France. It was not much of
a speech, but these roisterers were unable to guy it and it furnished
a text for the campaign orators, who were nhlo to say "So there!"
About the same tunc Mnry Pcnnypacker Colket made me, to
gether with John R. Read, who under Cleveland was the United
States District Attorney, her executor. She was tho widow of
Collin Colket, who had been president of the Philadelphia and
Norristown Railroad and had left an estate of about two millions
of dollars. He was swarthy, homely to ugliness, plain in all of his
ways and very much of a man. In his youth he and John O. Stearns
were employed in some minor capacity in the construction of the
Chester, Valley Railroad and for a time boarded with William
Walker "Uncle Billy," a3 we called him, whoso wifo was a sister
to my grandfather Pennypacker. Each of them married a daughter
of tho household. My grandfather, with the stability and associa
tions of a prosperous Chester County farmer, commented: "I do
not understand why William .Walker, permits his daughters' to
marry these wandering railroad men." They both became wealthy
THEAUTOBIOGKAPHToA PENNSYLVANIA
By Samuel W. Pcnnypacker
ffymsylvanfas. 'Most Zealous
ana nnerAQitc uovBrnor
JSZL
vmBPgM?.
"-STi.
(Coprrlxlit. lull, by the rublte Ledier Companj )
and Stearns reached tho presidency of tho New Jersey Central
Railroad. Colket onco told me this tale of Franklin B. Gowcn, tho
wonderfully able lawyer who prosecuted tho "Molly Mngulres" to
conviction, who devised tho policy ns president of tho corporation
which 1ms since made the Philadelphia and Rending Railroad so
prosperous, and who afterward shot himself in Washington:
"Ho was tho quickest man to make a bargain ever I knew. Ono
day I went to see him at the office of the company about some busi
ness. After it had been transacted he accompanied mo to my car
riage which stood at the curb, and as I opened the door, he said:
'By the bye, Colket, what will you take for .the tract?' nam
ing a tract of coal lands I owned. 'I want for it 1,150,000,' was my
reply. 'AH right,' said Gowen, 'I will tako it.' Tho quickest man
to make a bargain over I met," ho concluded with on air which
suggested that perhaps after all ho might have secured more for
tho tract.
Judge F. Canoll Brewster gave n dinner to George S. Graham
and myself, attended mainly by lawyers The Pcnn Club, in whose
organization I had participated, gavo me a reception, and the stu
dents from the office of Peter McCall, then at tho bur, gave mo a
dinner of recognition, which was much appreciated.
After tho lapse of a year John G. Johnson wrote in a pub
lished article: "The opinions he has delivered have been what those
who knew him expected learned, scholarly and logical. . . .As
a nisi prius Judge, ho has surprised his friends by a display of un
usually quick comprehension, sound judgment and practical common
sense."
Establishing a Precedent
The court held its sessions in Congress Hall, at the southeast
corner of Sixth and Chestnut streets, and the Judges sat upon tho
same platform on which Washington stood when inaugurated Presi
dent of the United States. The old blue ornamentation of the ceil
ing, studded with star?, had recently, with tho worst of judgment,
been ruined by the insertion of glass knobs for lights. Erelong I
was called upon to preside over the Court of Quarter Sessions, which
sat in the west room on the first floor, which for nearly ten years
had been the meeting place of the House of Representatives of the
United States. Tllcro Lyon and Griswold, two New England Con
gressmen in 1708, had spat 'in each other's faces and beaten each
other with clubs and pokers, and later Probst had 'been tried for
murder. After the court hod been opened, upon my first day, tho
case of a man charged with larceny was culled and he was con
victed. I imposed an imprisonment of eight months in the County
Prison and a fine of ten dollars. Then one of the court officers
came up to me nnd quietly whispered:
"Judge, tho other older Judges never impose fines in these
cases."
"Do they not?" I said. "Then they fad in their duty."
I had remembered that the statute made the sentence obligatory
and gave no discretion to tho Judges. All through my service ns a
Judge these fines were imposed for such crimes-, although it very
seldom huppened that they could be collected, and the practice
caused considerable trouble to the prison authorities. Tho plunge
had been taken, the court officers never again ventured critical sug
gestions, and no serious trouble ever arose in the determination of
the causes. The life of a Judge is a reversal of tho Canterbury Pil
grimages. Ho sits still, while the world, with its burden of inter
ests and hopes, woes and emotions, passes in review before him. and
he sees the strifes of the mart, the scandals of tho alleys and the
skeletons of the closets in all their phases. It is not, however,
as broud a field as it otherwise would be because both bench and
bar, together with tho gr'owtii of legal learning, have followed the
bent of certain narrow developments of modern life. Its most com
plicated and involved processes of ratiocination uud its most elab
orately established principles concern the acquisition, ovvncr.-hip and
transfer of property and they are, therefore, of comparatively minor
importance. In the long run it is of little moment which of two
men secures tho moneys in dispute. He who wins may be the worse
off because he has won, and he who loses bus suffered no irreparable
harm. The treasures of the earth arc still within his reach. A man
may exert as high an intellectuality and as much mental acumen in
playing a game of chess as Napoleon did in planning tho Buttle of
Austcrlitz, but when it is over ho has only played a game. The
Knights Templar are well dressed, carry short swords nnd maicli
with accuracy, but the swords never cut and the steps lead nowhere.
Decisions of questions involving tho rights of property require
much learning and skill and have their uses, but their effect upon
humanity is neither very deep nor very permanent. I have known
Judgc3 who, sitting in the Quarter Sessions and regarding the work
as of little consequence, would tell tho District Attorney to proceed
with tho trials and they themselves rctiie into their chambers. I
have known others who looked upon the betrayal of a woman as a
mero peccadillo, and tho stealing of money as the most heinous of
"offenses. All of these Judges were mistaken. The most important
questions which arise in the courts are thoic which concern per
sonal liberty. Tho worst of crimes are those which involve brutal
ity to man and beast, and the abuse of women and children.
It is a satisfaction to mo to remember that during tho fourteen
years I sat on tho bench no man was ever tried for a crime before
me, even the least serious, without my having analyzed tho evidence
on both sides, and no man was ever convicted and punished unless
that evidence convinced me that he had committed. the offense. The
most difficult matters to determine with any assurance of accuracy
were those which arose in tho Desertion Court over tho quarrels
between husbands and wives, and tho maintenance of wives and
children. Tho fuels occurring in the privacy of home were ulways
more or less obscure nnd difficult of proof. Tho history of tho
trials, imposition and failures which lead up to tho catastropho is
often remote and seldom disclosed. In civil causes concerning tho
ownership of goods, the problems arc carefully presented by counsel
and the Court h:i3 the benefit of learning what other Judges havo
thought in like matters. But tho desertion cases wcro hurried
through on Friday afternoons, upon a list of perhaps a hundred, by
Samuel E. Cavin, then counsel for tho Guardians of tho Poor, a
man entirely capable and with a desire to do right, but deaf as a
post and, therefore, unable to grasp tho tale told by the witnesses.
I reached certain conclusions with regard to tho administration
of justice. Some of them may appear to be radical, but being tho
outcome of experience it may bo that their presentation hero may
lend to thought resulting at some futuro time in useful modifica
tion of present methods.
Conclusions About Justice
First. There are entirely too niuny technical crimes and too
much creation of crime by legislation. Every man who has some
ends to serve and has sufficient influence goes to tho Assembly and
gets the failure to do what he wants to have done enacted into u
crime. To spit in a street car is an act of mistiness, to put catsup
in u branded bottle is perhaps an infringement of right, to assist
nn ignorant mun at the polls to perfect his ballot may affect tho
lesult of the election, tho fuilurc to puy customs duties to tho
Government may cause it inconvenience, but none of theso con
stitutes a crime. To cull them so only leuds to confusion of thought
und remissness of conduct. These examples represent a long cate
gory so extended that no citizen eun ever be sure that in what he
docs he is not offending against some criminal stututc.
Second. I very much doubt tho efllcucy of tho effort to prevent
wrongdoing or to elevate the standards of life by punishment. I
have scrutinized the faces of men in tho dock, observed their con
duct und listened to their stories, endeavoring to sec whether I
could find uny line with which to separate them from those out
side, nnd always in vnin. Men are as they are born and as tho
hammering of life leaves them. Most of tho misconduct comes
from the incapacity to think uccurately and properly to forcseo con
sequences. I am satisfied that most men do the best that they arc
able to do with their characters and the circumstunces which con
front them. Since the beginning of the historic period, some eight
thousand years ago, the annals of mankind have been filled with
tho iccords of attempts to prevent, by tho infliction of punishment,
ctiiain lines of conduct considered at tho time objectionuble, but
often recognized, at later periods, to havo been conducive to the
advancement of tho race. Experience has shown these attempts
ever to have been futile. All kinds of punishment have been tried
hanging, uvocadiug, burning, mutilating, disemboweling, quartering,
gouging out the .-yes, cutting out the tongue, cropping the curs,
branding, standing in the stocks, drowning, using the rack and tho
thumbscicw, and many others which ingenuity in this direction could
devise. Strange us it muy seem, tho effect always seems to be to
incicusc the number of offenses. Violence begetj violence. Tho
burning of negroes in the South has immeasurably increased tho
eases of special crime it was intended to prevent. In Jamaica,
where no such spectacles occur, this particular crime is almost
unknown. In modern life old forms of punishment have been
abandoned, except that of death for murder und incarceration for
other offenses. The former is an nnaclnonism und will soon have
disappeared. It must be plain to any philosophical observer that
the latter is slowly giving way. A prison is now conducted like a
home. Tho food is plentiful and nutritious. The sentence is
shortened for good behavior. I have frequently had convicts ask
nio to givo them a longer term und transfer them from the county
prison to the Eastern Penitentiary because in tho latter institution
they could get tobacco. "Tickets of leave" arc now granted which
permit prisoncis to be out on parole. All of which shows that tho
old idea of hammering men nnd putting walls mound them to miiko
them better is being gradually ameliorated. In our days the punish
ment of wives and tho whipping of children at home and in schools have
been abandoned and I am quite sure that the day is not far distant
when it will be recognized that thu punishment of men serves no
gooil purpose. This is, of course, a different proposition from tho
suggestion of the abandonment of the use of foice to protect person
or property or to prevent the commission of crime. If I shoot a
burglar who insists upon coming into my room in tho night I act
upon an entirely different principle.
Third. Tho general opinion appears to be that since the sociul
evil has always heretofore existed it is likely to continue for all
future time. Tho same kind of reasoning might once havo been
applied to royalty, slavery, piiestcraft and other institutions which
havo lost their hold upon the world, after being long retained.
Personally, I look aghast upon the complacency with which we permit
the destruction of women for the meio wanton gratification of the
passions of men, and if we gavo a titho of the thought to the subject
that we do to the acquisition of property, the ev:l would soon bo
eradicated. Its existence, of course, proves that theio is some law
of nature which society, r.s now constituted, violates habitually, just
as surely as the corn on tho foot which is an abnormal growth of
tho processes of lifo points to tho pressure of the boot. If tho cause
can be found the results can be prevented. It is easily discovered.
There is nothing inherently wrong in tho sexual relation, und, on
tho contrary, it ought to be encouraged. It is accompanied, however,
with certain important duties which concern society as well as the
individuals themselves. Tho woman ought to suckle and care for the
young and tho man ought to provide for her necessities and those
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Carroll Brewster, frequently mentioned by Governor
Pcnnypacker in his autobiography.
of the children ho begets. The cause of prostitution is the effort 9tf t '
,.,.,,. , . i, x. t Z2ZM M
mo iuuiu to unjuy iiiu intercourse aim ui me suinu wmu iu vvhaf ;: '
tho responsibilities which nccompany the relation. The male is 4'A
stronger in will nnd muscle, and it is ho who persuades the feaHnc;'
Let him be made to understand that he may call the woman to him.j
if he chooses, but that when he takes this step he accepts certain','. .
wuiiuhiuiis iiuiii iiiij! lit; jiivil nut. iiuv lu i;aiuj'U. inii uiwu,uit IM
society and present legislation put the burden upon tho female. itp
ought to bo put upon the male. The sending of police to make raUai.
upon what are designated as "haunts oi vice are spectaeUMT
absurdities which do much injustice and no good whatever. LttnH.
law be passed to the effect that whenever an unmarried man dvV m
an unmarried woman, by mutual consent, havo sexual intercourse,. 7 1
they establish n permanent relation with mutual duties, one ,,-
vl1IM1 fa tlln suniHirt. Ilinrnnftni nf lio wnmnn nml lipr nffnrfn Wl- irs
the man. Let either of tho parties have the right to enforce thiW-'J
continuance of tho relation nnd the fulfillment of the duties byr,i
decree of court, as in other cases. It may be called marriage, mor-V;"
ganatic marriage, legislative marringe or any other term regarded!, .5
as appropriute. Under such legislation for a time many young mial-M
wouiu uo 1110 prey 01 uxpcncnccu women. Alley wouiu oe roucn-,
more than offset, however, by the young women who are now madeL
the prey of experienced men. Tho answer to such an objectlon;:J' -1
very simple. He will, himself, have chosen such a woman Ms;";
companion. Let him exert his strength und his will upon hunslf
und be moro careful. He surely will be more careful. Ereloag
there will be no experienced women to prey upon him and the !&.
mates of disorderly houses will be scattered moro effectively than,kvii
raids of tho police, when the way has been opened to young waaufr
who have yielded to emotion nevertheless to lead respectable livet.V-j
Fourth. The most coiisnicuous nnd serious fallurn.s In tlkiVi "'
administration of justice in our courts occur not ut all in the cases 'if 5f &
defendants who possess wealth, us is often nlleged, but through the-1 j
irresponsible meddling of the press with those of n sensational chfjK
acter or those which concern people of prominence und the publlea''v 4
tion of which, therefore, has a salable value. It is notto bo expactedytl J
ilt . l n lafiwr n. n ....... ...ill ...aiinl ... .... . .ia 1 . Alllill.jl.") 1
IHUb lUC JllVillUVlB Ul .1 JUi Will ktVlbll 111 Vtl'l! UIUUUIU kllU UWUWVl'. ,
presented to them in the case of a mnn'charged with murder, whenN a
his face, brutalized by some artist employed for the purpose and Aw
facts distorted to increase tho horror, havo been forced upon theirX'
attention for weeks before. In fact, the whole doctrine of the libertyf
of tho press is a harmful anachronism. There ought to be no libertyftr
of the press. There was a timo when the interests of the "peopMjb-V,
were served by it, a timo when tho liberties and even the lives of en;;
were sacrificed by the arbitrary excrciso of the authority of the"1''
State, but that timo has long gone. The newspaper was then ajQ-i,
means of supplying information upon which men could depend in(the,
iriildnncc of their affairs, but the conditions have cntirolv chanced ;.!'
". . . . . '... . , . " .-v'i?
and it too has cnangeu wun mem. in our uay a newspaper, genu-;
illv nwnml liv n rornorntlon. is orirunlzed for the mimosa of makisar
money for the stockholders by the sale of news. The motive to.V
commercial. Its forces are directed not toward the supplying,-vpf&-?S
information because it is true, but toward the securing of that whttk,
can be sold on the market. Like all vendors, its wares ought te fcr 4S
subject to supervision and when, like bad meat and rotten eggs, t&ay.
are found to be unhealthful they ought to be confiscated and swA";
..vnocotl Wlmn hp ffnwrnmpnt innnenta foods. nvnminM HorfAr .. ta
and lawyers, and supervises factories, mines and railroads, why pfr?i,jFJ
mil filth, ciime and falsehood to bo published? i!-&V"
(I'ONTINTKD MOXDAY)
m
m
RAINBOW'S END
By REX BEACH
AutUcr of "-lh Spolieri." "Tho riirrl-r." "Heart of th Sunttl.'
t&W ts
A novel oi love, hidden treasure and rebellion in beautiful, my
terious Cuba during the exciting days of the revolt against Spam;
!, 41
CoDjrlilit, 1017, Harper i. Bros.
CHAPTER XXX Concluded
ROSA did nercc. When her hutuand put
tho riuestlon fairly to her sho tlioucd by
tho pallor of her cheeks and by the reklndlhiR
light ot terror In her ejes how desperately
tdio feared remaining longer In thlH hind of
hato nnd persecution. "Uon't turn luck,"
Bhe cried. ,cl'm not the sirl 1 wun. I've en
dured so much hero that I'm always In
fear. Anythlnt,- would ho better than golnc
back."
When morning camo O'llellly made a
closer examination of the abandoned boat.
Tho result uutj not encouraging, and when
Jio told Leslie of hlx Intention to make Uio
of It tho latter stared at him In open amaze
ment. "Why, vvo'll all bo drowned 1" Dranch de
clared. "You can return to Cubltaa If you wish."
"i'es. and light xonte moral No, thank
you 1 I've got u hunch that I'll bo killed by
tha very next gun I see."
'Then you'd better risk tho sharks."
To .Sea in a "Pca-Gree Boat"
Jacket, who was conducting an Inde
pendent examination of tho craft, made an
encouraging report. "Hoi I'd go 'round tho
, world In this boat," said he, "tiho's rotten,
and you can Etlck your finger through her.
but fish havo no fingers. When tho water
comes In We'll dip It out."
"Do you want to go with us?" Johnnla
eyed tha newspaper man curiously.
"I Y-yesI" Hranch gasped.. "I'll go,
but It's a ehamo to loso all of ltosa'u dla
' monds"
O'llellly nnd one ot tho guides rode away
to the farmhouso discovered on thu previous
afternoon, and returned In u few hours with
all the tools they could ltnil, together with
a bucket of tar and a coll ot galvanized
I wire. Then work began.
The wire, cut Into Bhort pieces, served as
nails and staples with which to draw to
gether tho gaping seams. Old rags from tho
, house and parts of the men's clothing sup
' piled calking, upon which the tar wan
brneared. While ono man shaped must and
oars, another cut llstebari's shelter tent Into
a sail and lit ted It. A stiff, sundrled cow
hide was wet, then stretched und nailed to
the gunwales nt the bow, forming a sort of
forward deck to shelter tho sick man from
the sun and rain. Jacket climbed the near
by cocoa palms and threw down a plentiful
supply of nuts for food and water on tho
wf
i so many hands tbe work wentfai
Lfast,
and lato that evening tho crazy craft was
launched. It wax neuetsury to bundle her
gingerly, nnd when she took tho water fhn
leaked nbomlnably. Hut during tho night
she swelled and In tho morning It was pos
tlblo to bull her out.
O'ltellly had to acknowledge himself but
poorly pleased with the boat. Hranch called
her ii Collin and declared tt was suicide t
venture to sea In her, an opinion shared
by the Cubans, but tho girls were enchanted.
To them this fragile bark looked stout and
worthy; they were In a fever to be gone.
On the second afternoon tho trade-wind
died to u gentle zephjr, n the cocoanuts
and other food were quickly put aboard, n
bed of bows was rigged beneath the raw
hide forecastle und Ksteban was laid upon
it. Then adlcux wcro said und a. start was
luado.
From tho p&Int of leaving It was perhaps
flvo miles across thu sound to tho fringe
of keyB u hlch In this neighborhood bordered
tho old Bahama Channel with Its unplumbed
depthti of blue water. Here It was calm.
f.o tho run was toon made. Tho boat
hsi died well enough, all things considered;
nevertheless, to O llellly, her navigator. It
was an anxious hour. Not only was he
forced to keei a sharp lockout for blockad
ing gunboats, but he feared he was doing
wrong In committing his precious freight
to tha uncertainties of the Atlantic Even
had he been alone, with a crew of able
t.atlors under him. this voyage would havo
daunted him, for It was without doubt the
wildest adventure In which he had ever
participated. When he hinted at these
fears and put the matter before his com
panions for a final test. Branch refused to
(.peak, but Ksteban and the girls wero earn
estly In favor of pushing on. Jacket, of
course, loudly seconded them.
At sunsot they entered a pass and ran be.
tueen low mangrove banks. The tide was
ebbing and It hurried them through and
out into the open sea. where they felt the
lift of tho mighty ocean swell. Over theso
slow undulations the sailboat plowed.- head
ing toward the empty northern hcrizon, with
tho kindling Pole atar as a beacon. The
sky was clear, the sea was gently roughened
by the night breeic, the constellations grow
bright and appeared to hang low.
When the coast-line of Cuba had become
a blur astern ltosa crept back and seated
herself beside her husband. . .
"I breathe freely for the first time since
that day when Don Mario came to offer
me marriage," she told hhn. 'The past Is
beginning to Seem like u bad, bad dream
and I feel a great hope, a great gladnoss.
J am reborn, O'llatl-ye."
"A few hours more and wo can all breathe
easy." Va trailed down, at her. Sb laid
her small palm over his fingers width
graifpod tho hteerlng oar. whereupon hu
cried with pretended sternness: "Avast
there ! Don't distract tho attention of tho
skipper or he'll sail his beat in circles.
Look out or he'll tend you below."
ltosa persisted mutinously, bo ho punished
her with a kiss planted fairly upon her
pouting llp, vv hereupon Mm nestled tdoner
to him. "How much I love you." sho
whispered. "lint I never can tell you, for
we are never ulone. Was thero ever such
n courtship, such a marriage, und such a
wedding Journey as ours?"
The Night Voyage '
"We'ro tho owt and tho pussy tat who
went to sea In a beautiful pea-gieeu boat.
'With plenty of honey and lots of money,
wrapped up In a ten-pound note.' Some day
when we've settled down lit our Harlem
Hat, and I'm working hard, we'll look back
on this and consider It romantic, thrilling.
Maybe we'll long for excitement,"
"Not 7," Ilosa shivered, "To be safe, to
have you all to myself where I can spoil
jou, that will be excitement enough."
"We'll rent that little apartment I locked
at, or ono Dust like It"
"But, O'lUll-yc, we'ro rich."
"I I'd forgotten that. Then let's pretend
to bo poor. Think how our neighbors
would talk about'Uiat pretty Mrs. O llellly
on the fourth' floor, and her magnificent
Jewels. They'd swear I was a smuggler."
As the evening lengthened and the boat
forged steadily ahead the two sat' mur
muring happily. Forward, another brido
and groom were similarly engaged. Branch
and Jacket' took turns balling.
It proved to be a long, long night, for the
boat, though roomy, was uncomfortable.
O'llellly steered as straight a course as ho
could without compass, but toward morning
he caw that the sky was growing overcast
and his apprehensions stirred anew; Day
light brought in Increased breeze which
heeled the boat further. Khe made better
speed, but she likewise took more water
through her seams and tt became neces
sary to lend Leslie and Jacket a hand with
the balling. The deep channel was far be
hind now, and they wero on tho shallow
Bahama Banks; bene" th them they coulu
glimpse beds of sponges, patches of cora.
vvhlre bottom with occasional forests of
brllllant-hued sea fans. The horizon still
remained vacant and tho tip ot Andros lay
far to the north.
PVirtunrLtelv the haze Was not thick
enough to whdlly obscure tho sun and so
O'llellly was enabled to hold his t'oUrse.
But ho did not llko thu look of things.
By ten o'cl'ck tho M-a was tumbling
anil tha worm-eaten hulk was laboring.
It became necessary to shorten sail. Soon
tho bottom of the boat was awash and Kste
ban lay in u iwol of brine, liven when tho
girls helped to dip It out they could not
lower Its level. The wind freshened stead
ily; all hands worked desperately, wet to
tho skin.
In timo there camo u spiteful drlzzlo
vi hlch completely hid tho sun and left no
Indication of the course except tho dlrcc
tluu whence drove thu rain.
No ono spoke now. Uven Ksteban lay
silent, shivering iilisernbly upon his sodden
bed. In obedience to O llellly's command
Jacket Hung overboard all but a half
dozen of the remaining cocoanuts. Ilosa
finally Htraltrh"--' 'r uthlng back and
smiled at her husband.
"Aro wo going down?" sho asked.
"Oh. not This la merely a squall." he
told her. with un assumption of contldenco
ho was far fiom feeling.
Johnnie tried to reason himself Into a
more hopeful frame of mind. He assured
himself that he and his companions had Bur.
vlved too many perils to become the prey
of nn Idle breeze like this; he argued that
no fate could be so cruel as to cheat them
when they were so close to safety. But
this manful effort brought him little com
fort In tho face of the chilling ralu nnd
with the whttecaps curling higher.
Deliverance came suddenly, and from
tho least expected quarter. Out of the mist
to starboard there materialized a shape, &
schooner driving ahead of the wind. Tho
refugees descried her simultaneously and
stood ankle deep In the wash, waving their
hats and their calabashes, and shouting
crazlly until she saw them and fetched Jib.
lntens.0 thanksgiving, u melting roller.
lobbed O'llellly of half hW strength: UK
hands wero shaking, his muscles weal;; hu
could barely bring his iraft alongside, lu
t.tw black faces sturlng down, ho heard
fries of amazement und surprised Inquiries,
then u heavlng-llne camo aboard und tho
leaky tub vvus drawn close.
Thcro vv.is a babblo of voices, shouted
questions, hysterical answers. Ilosa vtn
weeping softly; Norlne hud lifted Ksteban
und now clutched him tight, whllo her tears
fell upon his face.
The schooner wu a sponger bound for
Nassau; Its blackbird crew spoko Kngllsh
nnd they willingly helped tho strangers
overside, laughing and snouting In u, child
like display of excitement. How firm, how
grateful was the feet of that stout deck I
How safe the schooner's measured roll I
O'KollIy's knees gavo way, ho clutchod
with strained und aching fingers at tha rig
ging to support himself, leaving Br inch
and Jacket to tell tho surprising etory of
their presenco there. Soon there was hot
food and coffee, dry beds and blankets for
thou w'ho needed them.
Johnnie tucked his brldo snugly Into one
of the hard berths, then stooped und kissed
her. Itosa's teeth were chattering, but
she smiled happly.
"God's hand directed us," she said. "One
only needs to pray long enough and strong
enough and Ho will hear."
It was a month later. Quaint old Nas
sau lay dozing under an afternoon sun. Its
wide shell streets. Its low houses, the bench
against which It crowded, were dazzling
whits, as If the town had been washed
clean, then spread out to bleach. Upon the
horizon lay tumbled, foamy cloud masses,
like froth blown thither from tho scene
ot the cleansing. A breeze caused the
surface of the liurbor to dance anil dimple
merrily, tho sound of laughter came from
A New Nove,l by
Mary Roberts Rinehart
"Long Live the King"
CAPTURED
Begin on Preceding Pages of This Issue
And a Canadian Officer's Experiences as
n German Prisoner Told Under the Titlo
i
tho waterfront wheio barefoot sponsors and
llsheriueu weio busy with their boats anil
geur. Robust uegresses with detp bosoms
uud lolling hips balanced buskflts und tr.iys
upon their heads und stood gossiping with
one another or ochniiglug shouts with their
nun ncrom tho water. Thero was iioUo
here, but tho town as a whole was somno
lent, peaceful. It ipruwied beside tho sea
like a lazy man lunt In tiny dreams and
lulled by tho lapping surf uud the hum
of Insects.
The 'Tot or (lold"
fji from tho beach iiinw O llellly and
his youthful alter ego, JinKet, They vvtro
lad In clean white clotheu; a month of
lest had done them good. Jacket was no
longer wizened; ho wuh plumv und sltel;
und us full of mischief um i. cult, whllo
o'llellly's leanness had dlsappiand uud
ho filled his garments as u man should.
They had spent the day llshlng on tho reefs
und naff bore home tho choicest part ut
their catch
They turned In through u picket gate
und up u walk flunked by flower beds and
outlined between rows of Inverted glass
bottles set side by side, tho Bahama Idea
of neatnefu und beauty. At the end ot
the wulk stood a cotluge with wldo porches
hidden beneath Jasmine und honc)sucklu
and morning glory vines.
O'ltellly'u eyes were shining with antici
pation; hu yodeled loudly. But there vvus
no need for him to advertise his return,
for at the first click of the gate-latch a
figure had started from the fragrant bower
and now came flying to moot him.
"Look, ltosa!" Jacket lifted tho heavv
string of fish. "We had stupendous luck. '
But ltosa was In her husband's arms and
ne'ther she nor O'ltellly had eyes for an
thing but each other.
"You were gono for ages," pouted tho
bride.
"You missed me, thT"
"8ej I caught the blagvst ones, ns
usual." Jacket boasted. "I'm a skillful
fisherman und I take to my hook, but
O'llellly sits drearrdng about somebody
whllo the little crabs eat nil his bait,"
When this evoked no notice tho boy
shrugged In disgust and went on around
the house, muttering "Carambal You'd
think thev'd get slek of so much billing and
cooing. But not I have to steal htm away
and take him swimming or fishing It I want
a word alone with him. And the others are
Just as bad another pair ot pigeons. .It's
l!n.i. ton. hud v:lrUv clinilEfrd. Sh,'Mila'
clud lit a charming little muslin dress, tattr"1'?
were dimples in ner meeus, sna wore, a
heavy Marechkt Nell bud ut her breasV
O'llellly held her oft and dsvoured hrv
with his eyes. " If
"Sweetheart, you grow fresher and rnorV"
beautiful every nour," sum ue. &'
Ilosa danced upon her toes nno
nt hhn. "But come quickly and
surDrlfca vie have. I've been wild lor
.......... .... l.ii.M, " ii-jS-j
Sho led hhn swiftly up the step.;
t)ur. Htfiuillnu- liaitldi. n. chair. VVuS HSMDalfc
Vurona. "lis uresseu nimseii una vraiwrai
out heio alone. He's well!" VtUi
"Ksteban! Iteally " -V'
The brother nodded decisive!'. ''It's tru.
I le belled at hist. Tomorrow I'll waMt.-to,
tho gato and the next day we'll go rtiMftgYUV
"Jove I How splendid!" "-
"Why, I'm at firm on my .feet as a roe." ,
Norluo emerged through one of. ilia
I I Uko living In ftdov-9t."
French windows and explained: "II '
auvantago ot mo wnue i was son nriat -;,,';
infill Aiul ifriw lin'M ntllta uut cf conwnA. J $
Here's u letter from Leslie, by the t.
lies uomo unci uas a position ana
we'll follow soon. There's one bit of I
ho savs tho talk of Intervention toes
and ho may hive to return to Cub
war correspondent. Funcyi lies
frightened ut tho urospect."
"Intervention! That would h i !
Ksteban cried. ' A.
O'llellly nodded. "Oh, It's bound I
and wnen uncle Nam takes hold
bo free."
Norlne agreed: ''I'm sure of"
then we'll all un back to our I
end tnd dig for that pot of gold."
uueuan turneu aaoring eyes
found my rainbow's end," said b.?i
"And I've found mine." O'Kellly'l
cd. "I've gained your fathers ffl
ana moro rye round tns prise (
Indies." With his arm about
drew her Into the housei
Ksteban lowered himself Into bU -
anu jMoiine rested nerseir upon lis i
lay pacic witu eyes closed, r
regions at tho rear ,camo the, ,
jacket. The boy waa In a
mood. He had fathered an an
was his dally custom, and was i
them In Kngllsh t t '
"I killed aaerVa s .OoxeiV taft
nno Bravo, It was inyaaf. s
sew MS bsi hw I
"CM!
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