Phoebe Daring. Baum Lyman Frank
county seat is at Bayport,” observed the lawyer. “We have no judge here who is authorized to accept bail for an accused criminal. Toby Clark must be taken to Bayport for a preliminary hearing, at which I will appear in his behalf, instruct him to plead not guilty and then demand his release on bail. If you will drive over with me, Mr. Spaythe, I’ve no doubt the bail can be easily arranged.”
“When will his case be tried?” asked the banker.
“The next term of court is the first week in December. The trial will of course be at Bayport.”
“What a long time to wait!” exclaimed Janet.
“Never mind; it will give us time to discover the real criminal,” said Phoebe decidedly. “In that event Toby’s case will never be tried.”
Mr. Spaythe nodded. Then he shifted uneasily in his chair a moment and asked:
“Ought we to employ a detective, Mr. Holbrook?”
“Of course!” said Phoebe. “That is the first thing to be done.”
“Pardon me, Miss Daring,” returned the lawyer seriously, “I think that should be reserved as our final resource. Riverdale is so small a place that the movements of every inhabitant may easily be traced. I believe I possess some small talent in the detective way myself – a good criminal lawyer ought to be a good detective, it is said – so if Clark is really innocent it ought not to be difficult to discover the real criminal.”
“I don’t like that ‘if,’ Mr. Holbrook,” said Phoebe resentfully.
The young man flushed again. It seemed to be one of his characteristics to change color, on occasion, and he was aware of this failing and evidently annoyed by it. At Phoebe’s remark he bit his lip and hesitated a moment. Then he replied with dignity:
“The ‘if’ was not intended to condemn your friend, Miss Daring. Even the law holds him innocent until he is proved guilty. But you must remember that Toby Clark is a perfect stranger to me and perhaps you will admit that circumstantial evidence is at present against him. The box was found on his premises, it seems, and he had the keys to this office at the time of Judge Ferguson’s death. Even before there was a rumor that anything was missing from the place I urged the boy to get rid of the key – merely as a matter of ordinary precaution.”
“I know that is true,” said Mr. Spaythe. “When Toby brought the key to me he said you had advised him to do so.”
“Still,” continued the lawyer reflectively, “the circumstantial evidence, while it might influence a jury, can have no effect upon those who know the boy’s character and believe in his honesty. The thing for me to do, if I undertake this case, is first to discover who knew of Mrs. Ritchie’s box – ”
“Why, everybody, nearly, knew of it,” said Phoebe. “She’s a queer old creature and, having used the judge for a banker, was constantly coming to him to deposit money or to get it from her box. I’ve no doubt she imagined it was a secret, but Mrs. Ritchie’s box was a matter of public gossip.”
“The next thing,” continued Mr. Holbrook quietly, “is to discover who were Toby Clark’s enemies.”
“I don’t believe he had one in Riverdale,” asserted Phoebe.
“The real criminal placed the rifled box on Toby Clark’s premises, where if found it would implicate him in the theft. No one but an enemy would have done that,” declared the young man, but he spoke argumentatively and there was not an earnest ring to his words. “Then,” he resumed, “we must watch and see what citizen has suddenly acquired money. There are no professional burglars in Riverdale, I imagine, so the thief will be unable to resist the temptation to use some of the stolen money. Really, Mr. Spaythe, the case is so simple that I am positive we shall have no need of a detective. Indeed, a detective in town would be quickly recognized and his very presence would defeat us by putting the criminal on guard. Let us proceed quietly to ferret out the mystery ourselves. I already feel reasonably certain of success and, when I have interviewed Toby Clark, which I shall do at once, he will perhaps be able to furnish us with a clew.”
This logical reasoning appealed to Mr. Spaythe and silenced even Phoebe’s objections. The girls left the office filled with horror of the cowardly charge brought against the poor boy they had so earnestly sought to aid.
On their way home Janet said:
“Of course this will prevent Mr. Holbrook from carrying out his agreement, for until Toby’s innocence is proved we cannot expect anyone to give him employment.”
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