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<h2> CHAPTER X </h2>
<p>In the wide stretches of a new country there is nothing to bound a local
excitement, or to impede its transmission at full value. Elgin was a
manufacturing town in southern Ontario, but they would have known every
development of the Federal Bank case at the North Pole if there had been
anybody there to learn. In Halifax they did know it, and in Vancouver,
B.C., while every hundred miles nearer it warmed as a topic in proportion.
In Montreal the papers gave it headlines; from Toronto they sent special
reporters. Of course, it was most of all the opportunity of Mr Horace
Williams, of the Elgin Express, and of Rawlins, who held all the cards in
their hands, and played them, it must be said, admirably, reducing the
Mercury to all sorts of futile expedients to score, which the Express
would invariably explode with a guffaw of contradiction the following day.
It was to the Express that the Toronto reporters came for details and
local colour; and Mr Williams gave them just as much as he thought they
ought to have and no more. It was the Express that managed, while
elaborately abstaining from improper comment upon a matter sub judice, to
feed and support the general conviction of young Ormiston’s innocence, and
thereby win for itself, though a “Grit” paper, wide reading in that hotbed
of Toryism, Moneida Reservation, while the Conservative Mercury, with its
reckless sympathy for an old party name, made itself criminally liable by
reviewing cases of hard dealing by the bank among the farmers, and only
escaped prosecution by the amplest retraction and the most contrite
apology. As Mr Williams remarked, there was no use in dwelling on the
unpopularity of the bank, that didn’t need pointing out; folks down
Moneida way could put any newspaper wise on the number of mortgages
foreclosed and the rate for secondary loans exacted by the bank in those
parts. That consideration, no doubt, human nature being what it is,
contributed the active principle to the feeling so widely aroused by the
case. We are not very readily the prey to emotions of faith in our
fellows, especially, perhaps, if we live under conditions somewhat hard
and narrow; the greater animosity behind is, at all events, valuable to
give force and relief and staying power to a sentiment of generous
conviction. But however we may depreciate its origin, the conviction was
there, widespread in the townships: young Ormiston would “get clear”; the
case for the defence might be heard over every bushel of oats in Elgin
market-place.</p>
<p>In Elgin itself opinion was more reserved. There was a general view that
these bank clerks were fast fellows, and a tendency to contrast the habits
and the pay of such dashing young men, an exercise which ended in a not
unnatural query. As to the irritating caste feeling maintained among them,
young Ormiston perhaps gave himself as few airs as any. He was generally
conceded indeed by the judging sex to be “nice to everybody”; but was not
that exactly the nature for which temptations were most easily spread? The
town, moreover, had a sapience of its own. Was it likely that the bank
would bring a case so publicly involving its character and management
without knowing pretty well what it was about? The town would not be
committed beyond the circle of young Ormiston’s intimate friends, which
was naturally small if you compared it with the public; the town wasn’t
going to be surprised at anything that might be proved. On the other hand,
the town was much more vividly touched than the country by the accident
which had made Lorne Murchison practically sole counsel for the defence,
announced as it was by the Express with every appreciation of its dramatic
value. Among what the Express called “the farming community” this, in so
far as it had penetrated, was regarded as a simple misfortune, a dull blow
to expectancy, which expectancy had some work to survive. Elgin, with its
finer palate for sensation, saw in it heightened chances, both for Lorne
and for the case; and if any ratepayer within its limits had remained
indifferent to the suit, the fact that one side of it had been confided to
so young and so “smart” a fellow townsman would have been bound to draw
him into the circle of speculation. Youth in a young country is a symbol
wearing all its value. It stands not only for what it is. The trick of
augury invests it, at a glance, with the sum of its possibilities, the
augurs all sincere, confident, and exulting. They have been justified so
often; they know, in their wide fair fields of opportunity, just what
qualities will produce what results. There is thus a complacence among
adolescent peoples which is vaguely irritating to their elders; but the
greybeards need not be over-captious; it is only a question of time,
pathetically short-lived in the history of the race. Sanguine persons in
Elgin were freely disposed to “bet on” Lorne Murchison, and there were
none so despondent as to take the view that he would not come out of it,
somehow; with an added personal significance. To make a spoon is a
laudable achievement, but it may be no mean business to spoil a horn.</p>
<p>As the Express put it, there was as little standing room for ladies and
gentlemen in the courthouse the first day of the Spring Assizes as there
was for horses in the Court House Square. The County Crown Attorney was
unusually, oddly, reinforced by Cruickshank, of Toronto—the great
Cruickshank, K.C., probably the most distinguished criminal lawyer in the
Province. There were those who considered that Cruickshank should not have
been brought down, that it argued undue influence on the part of the bank,
and his retainer was a fierce fan to the feeling in Moneida; but there is
no doubt that his appearance added all that was possible to the universal
interest in the case. Henry Cruickshank was an able man and, what was
rarer a fastidious politician. He had held office in the Dominion Cabinet,
and had resigned it because of a difference with his colleagues in the
application of a principle; they called him, after a British politician of
lofty but abortive views, the Canadian Renfaire. He had that independence
of personality, that intellectual candour, and that touch of magnetism
which combine to make a man interesting in his public relations.
Cruickshank’s name alone would have filled the courthouse, and people
would have gone away quoting him.</p>
<p>From the first word of the case for the prosecution there was that in the
leading counsel’s manner—a gravity, a kindness, an inclination to
neglect the commoner methods of scoring—that suggested, with the
sudden chill of unexpectedly bad news, a foregone conclusion. The reality
of his feeling reference to the painful position of the defendant’s
father, the sincerity of his regret on behalf of the bank, for the
deplorable exigency under which proceedings had been instituted, spread a
kind of blankness through the court; men frowned thoughtfully, and one or
two ladies shed furtive tears. Even the counsel for the defence, it was
afterward remembered, looked grave, sympathetic, and concerned, in
response to the brief but significant and moving sentences with which his
eminent opponent opened the case. It is not my duty to report the trial
for any newspaper; I will therefore spare myself more than the most
general references; but the facts undoubtedly were that a safe in the
strong room of the bank had been opened between certain hours on a certain
night and its contents abstracted; that young Ormiston, cashier of the
bank, was sleeping, or supposed to be sleeping, upon the premises at this
time, during the illness of the junior whose usual duty it was; and that
the Crown was in possession of certain evidence which would be brought
forward to prove collusion with the burglary on the part of the defendant,
collusion to cover deficits for which he could be held responsible. In a
strain almost apologetic, Mr Cruickshank explained to the jury the
circumstances which led the directors to the suspicion which they now
believed only too regrettably well founded. These consisted in the fact
that the young man was known to be living beyond his means, and so to be
constantly visited by the temptation to such a crime; the special
facilities which he controlled for its commission and, in particular, the
ease and confidence with which the actual operation had been carried out,
arguing no fear of detection on the part of the burglars, no danger of
interference from one who should have stood ready to defend with his life
the property in his charge, but who would shortly be seen to have been
toward it, first, a plunderer in his own person, and afterward the
accomplice of plunderers to conceal his guilt. Examination showed the safe
to have been opened with the dexterity that demands both time and
coolness; and the ash from a pipe knocked out against the wall at the side
of the passage offered ironical testimony to the comfort in which the
business had been done.</p>
<p>The lawyer gave these considerations their full weight, and it was in
dramatic contrast with the last of them that he produced the first
significant fragment of evidence against Ormiston. There had been, after
all, some hurry of departure. It was shown by a sheet of paper bearing the
mark of a dirty thumb and a hasty boot-heel, bearing also the combination
formula for opening the safe.</p>
<p>The public was familiar with that piece of evidence; it had gone through
every kind of mill of opinion; it made no special sensation. The evidence
of the caretaker who found the formula and of the witnesses who
established it to be in young Ormiston’s handwriting, produced little
interest. Mr Cruickshank, in elaborating his theory as to why with the
formula in their hands the depredators still found it necessary to pick
the lock, offered nothing to speculations already current—the
duplicate key with which they had doubtless been enabled to supply
themselves was a clumsy copy and had failed them; that conclusion had been
drawn commonly enough. The next scrap of paper produced by the prosecution
was another matter. It was the mere torn end of a greasy sheet; upon it
was written “Not less than 3,000 net,” and it had been found in the
turning out of Ormiston’s dressing-table. It might have been anything—a
number of people pursed their lips contemptuously—or it might have
been, without doubt, the fragment of a disreputable transaction that the
prosecuting counsel endeavoured to show it. Here, no doubt, was one of the
pieces of evidence the prosecution was understood to have up its sleeve,
and that portion of the prosecuting counsel’s garment was watched with
feverish interest for further disclosures. They came rapidly enough, but
we must hurry them even more. The name of Miss Florence Belton, when it
rose to the surface of the evidence, riveted every eye and ear. Miss
Belton was one of those ambiguous ladies who sometimes drift out from the
metropolitan vortex and circle restfully in backwaters for varying
periods, appearing and disappearing irrelevantly. They dress beautifully;
they are known to “paint” and thought to dye their hair. They establish no
relations, being much too preoccupied. making exceptions only, as a rule,
in favour of one or two young men, to whom they extend amenities based—it
is the common talk—upon late hours and whiskey-and-soda. They seem
superior to the little prevailing conventions; they excite an unlawful
interest; though nobody knows them black nobody imagines them white; and
when they appear upon Main Street in search of shoelaces or elastic heads
are turned and nods, possibly nudges, exchanged. Miss Belton had come from
New York to the Barker House, Elgin, and young Ormiston’s intimacy with
her was one of the things that counted against him in the general view. It
was to so count more seriously in the particular instance. Witnesses were
called to prove that he had spent the evening of the burglary with Miss
Belton at her hotel, that he had remained with her until one o’clock, that
he was in the habit of spending his evenings with Miss Belton.</p>
<p>Rawlins of the Express did not overdo the sensation which was caused in
the courtroom when the name of this lady herself was called to summon her
to the witness box. It was indeed the despair of his whole career. He
thought despondingly ever after of the thrill, to which he himself was not
superior and which, if he had only been able to handle it adequately,
might have led him straight up the ladder to a night editorship. Miss
Belton appeared from some unsuspected seat near the door, throwing back a
heavy veil, and walking as austerely as she could, considering the colour
of her hair. She took her place without emotion and there she corroborated
the evidence of the servants of the hotel. To the grave questions of the
prosecution she fluently replied that the distraction of these evenings
had been cards—cards played, certainly, for money, and that she,
certainly, had won very considerable sums from the defendant from time to
time. In Elgin the very mention of cards played for money will cause a
hush of something deeper than disapproval; there was silence in the court
at this. In producing several banknotes for Miss Belton’s identification,
Mr Cruickshank seemed to profit by the silence. Miss Belton identified
them without hesitation, as she might easily, since they had been traced
to her possession. Asked to account for them; she stated, without winking,
that they had been paid to her by Mr Walter Ormiston at various times
during the fortnight preceding the burglary, in satisfaction of debts at
cards. She, Miss Belton, had left Elgin for Chicago the day after the
burglary. Mr Ormiston knew that she was going. He had paid her the four
fifty-dollar notes actually traced, the night before she left, and said.
“You won’t need to break these here, will you?” He seemed anxious that she
should not, but it was the merest accident that she hadn’t. In all, she
had received from Mr Ormiston four hundred and fifty dollars. No, she had
no suspicion that the young man might not be in a position to make such
payments. She understood that Mr Ormiston’s family was wealthy, and never
thought twice about it.</p>
<p>She spoke with a hard dignity, the lady, and a great effect of doing
business, a kind of assertion of the legitimate. The farmers of Fox County
told each other in chapfallen appreciation that she was about as
level-headed as they make them. Lawyer Cruickshank, as they called him,
brought forth from her detail after detail, and every detail fitted
damningly with the last. The effect upon young Ormiston was so painful
that many looked another way. His jaw was set and his features contorted
to hold himself from the disgrace of tears. He was generally acknowledged
to be overwhelmed by the unexpected demonstration of his guilt, but
distress was so plain in him that there was not a soul in the place that
was not sorry for him. In one or two resolute faces hope still glimmered,
but it hardly survived the cross-examination of the Crown’s chief witness
by the counsel for the defence which, as far as it went, had a perfunctory
air and contributed little to the evidence before the Court. It did not go
all the way, however. The case having opened late, the defence was
reserved till the following day, when proceedings would be resumed with
the further cross-examination of Miss Belton.</p>
<p>As the defendant’s counsel went down the courthouse steps Rawlins came up
to him to take note of his demeanour and anything else that might be
going.</p>
<p>“Pretty stiff row to hoe you’ve got there, Lorne,” he said.</p>
<p>“Pretty stiff,” responded Lorne.</p>
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