# The Man of Last Resort/Once in Jeopardy/Chapter 5
#### V

AT high noon on the following day Salathiel Jenkins, chief deputy of the absent Carter, was a voluble factor in McDowell. He explained with many a dash of color just how “me and Bartlett” had taken the fleeing Gilmore from a midnight train and transported him to the jail at Welch, where he now languished. How brave they had been, how expeditious, and how marvellously successful in each of their desperate moves. Salathiel Jenkins was a young person who considered himself of huge importance to the economy of nature,—an opinion with which the world at large failed to concur. The conservative Carter had expressed it all long ago when he remarked with immense gravity that Salathiel Jenkins was not wise. But the deputy's potential was high, and he talked. He explained ​that the prisoner had employed legal counsel, with whom he had been in consultation since his arrival in the town. He explained that Mr. Bartlett had advised the prosecuting attorney to force the case to a trial at once in order to avoid an application for bail, and in order to prevent the prisoner from being unduly assisted by any accomplice he might have in the East.
He explained that the evidence against Gilmore was overpowering, that there were witnesses who knew something of the matter, and he had the subpoenas in his pocket.
He explained that John Bartlett was the greatest detective in the Republic, and that the days on earth of Robert Gilmore were growing lamentably short. The self-importance of young Mr. Jenkins gushed and bubbled and expanded until it threatened to bulge his anatomical proportions, and he talked and he talked. He descanted with acrimonious criticism upon the fact that Mr. Huron had asked for time in which to examine the evidence, and that he and the great Bartlett had labored to convince him that the case should be put to ​trial at once, and that they had had a lot of trouble, but that it was all right now, and when court convened in the morning the case would be called and pushed, and he gloried in the fact that he and Bartlett had assumed large responsibility for this splendid expedition.
It thus came about that the court-room was so crowded on the following morning that the judge as he came down to his bench had literally to elbow his way through. The details of this morning's procedure demonstrated that while the deputy Jenkins had talked he had been telling the truth. After the docket was called, the prosecuting attorney arose and requested that a jury be empanelled for the trial of the case of the State vs. Gilmore.
The judge expressed some surprise at this unusual haste, and intimated that if an objection was urged he would continue the case to a later day of the term. To his surprise, however, counsel for Gilmore replied that he was quite ready for trial.
Whereupon a jury was had and the case ordered to proceed. The opening statement ​of the prosecuting attorney was frank. It gave the history of the case as he had heard it from Bartlett, admitting freely that he had been unable to investigate the matter personally, but upon his information he was convinced that the prisoner was guilty.
To this the counsel for Gilmore replied that the State was laboring under a stupendous delusion; that Mr. Gilmore was a gentleman of standing, and that it would quickly appear that there was no cause for subjecting his client to the odium of a criminal prosecution.
The spectators were not a little disgusted with the tame proceedings. They had expected a keen and spirited struggle with the startling thrusts and parries of a bitter legal affair. They had hoped to hear the steel grate, and to see the blades dart forward and bend and fly back, as the champion of the State and its enemy strove for some master vantage. They hoped for the fierce interests and the quick sharp thrills incident to the grim fight of a desperate criminal for his liberty and his life, and they were disgusted.
Their strong pugnacious spirit sympathized ​with Gilmore and damned his counsel. In the picturesque speech of an auditor from “Dog Skin,” “The lawyer was a quitter.”
The case progressed with almost exasperating insipidity.
The prosecuting attorney proceeded with great deliberation, and with the air of one who maintains a thunderbolt in reserve. He proved the death of Brown Hirst by the coroner and others; he introduced the books of the company showing its financial standing; and put in such other matters of unimportant evidence as were easily at hand. To all this the counsel for Gilmore made no objection. To the observer, he was stupidly indifferent.
The prosecuting attorney then placed the detective John Bartlett on the stand. Bartlett explained with great volubility that he was a member of Loomey's Detective Agency; that he had learned of the mysterious death of Brown Hirst, and hoping to obtain the reward offered by Hirst's widow, had gone to her and requested permission to investigate the case. He explained that he had learned that the Octagon Coal Company was in desperate financial ​straits; that the president, Robert Gilmore, who resided in the city of Philadelphia, had been in the county of McDowell on the night of Hirst's death, and from these data he had formulated his theory to the effect that Gilmore had been stealing from the company; that this fact had been discovered by Hirst, and that they had come together in McDowell for the purpose of discussing this matter; that there the two men had quarrelled, and the result was that Hirst had been killed and his body thrown into the river, and the evidence of suicide manufactured by Robert Gilmore.
The detective explained further that being advised that Robert Gilmore intended to leave Philadelphia for St. Louis, and fearing that it was an attempt on the part of the president of the Octagon Coal Company to escape from the country, he had hurried to McDowell and secured an indictment.
Upon cross-examination it at once appeared that this detective had no knowledge of any fact whatever, but was merely speaking from certain conclusions which he was pleased to call his theory. The attorney for the defense ​moved to strike out the evidence of this witness, which was accordingly done, much to the chagrin of John Bartlett, detective, and Salathiel Jenkins, deputy-in-extraordinary to the sheriff of McDowell.
The prosecuting attorney then proceeded to spring his sensation. He announced to the court that during the night Gilmore had made a confession to Mr. Jenkins, the deputy, and that he desired to have Mr. Jenkins sworn and his testimony introduced. Accordingly the irrepressible Jenkins, by virtue of an oath properly administered, was transformed into a witness for the State of West Virginia.
Before the witness was permitted to launch into his marvellous story of the self-condemnation of Robert Gilmore, the attorney for the defense arose and demanded permission to inquire into the circumstances under which the alleged confession had been obtained. The judge replied that such inquiry was entirely proper, and the attorney for the defense began.
The ways of Providence are without premonition. At the first onslaught of the attorney for Gilmore, the importance of the testimony ​of Salathiel Jenkins vanished like a New Year's resolution. Yes, he had gone to the prisoner together with John Bartlett; he had explained that he was the deputy sheriff of the county of McDowell; that he was a person of influence; that the prisoner was in grave peril; and that, if a full confession were made, he, Jenkins, would induce the authorities of the law to deal leniently with the prisoner. He was a person of importance, he said, and, in the absence of the sheriff, the first guardian of all the law and order in the county of McDowell; if the prisoner would confess, he, Salathiel Jenkins, could save him from the hangman, and he would do it.
These were the conditions under which the alleged confession was made.
At this point in his narrative, the attorney for the prisoner stopped the witness, and objected to the introduction of the confession as having been improperly obtained. The court very promptly sustained the objection, and directed the witness to stand aside.
The prosecuting attorney arose and asked the court to nolle the indictment and permit ​the case to be dismissed. The judge reminded him that the case was at trial, and that such action could not now be taken; that the request should have been made before a jury was called; it was now too late, since the control of the cause had passed from the hands of the State.
Young Mr. Huron, prosecuting attorney of the county of McDowell, was lost, rudderless, upon an unknown sea. He arose and explained that he had not had an opportunity to investigate the evidence; that he had not spoken with the witnesses; that he had depended upon John Bartlett and the confession made to Salathiel Jenkins in order to convict the prisoner, and that, failing with these, he had no further evidence to introduce.
The court interrupted this speech of explanation, and reminded the attorney that the State could not urge such excuses; that the prisoner, having been put to the hazard of a defense, was entitled to have his cause legally determined; a nolle prosequi could not now be entered, and the case must proceed.
To this the young attorney, having ​recovered his composure, replied that the State had nothing more to offer, and resumed his seat.
The counsel for Gilmore at once moved the court to direct a verdict of not guilty, which was accordingly done and the prisoner discharged.
Mystic, and varied, and without premonition are the ways of Providence. When the negro miner went down into the sunless temples of the earth on this Wednesday of July, Salathiel Jenkins was a person of high estate, crowding mightily the orbit of his employer. And when the negro miner came up at evening, this same Salathiel Jenkins was a crestfallen underling, shrinking like a rotten value. The ordeal was frightful. The pride of young Mr. Jenkins had gone through a process of sublimation most excruciating. And yet how abominably indifferent nature was. The books in the office of the sheriff were the same. The trees, the river, and indeed the entire outside world were quite as large as they had been. Only the importance of the deputy had shrunk, and was shrinking. Master of folly! Would it stop short of microscopic? The vice of his ​yesterday loomed clear-cut like the angles of a wall. He had talked, talked. It was the deadliest error. In the name of that notorious Simon of infantile record, was there no God to save the witless from himself?
The crowd passed out of the court-room, and, sauntering down by the office of the miserable deputy, paused to harpoon him as it drifted by. The weather was fine for scaffold building, it observed. Would the deputy spring the trap in the absence of his chief? it was interested to know. Could he tie a hangman's knot? Would he be pleased to have the gracious assistance of his fellows? And more ingenious proddings, while the weary Jenkins perspired and shrunk, but was silent. This he had learned: like as the great lessons of life by hap learned too late.
And that same night John Bartlett and Robert Gilmore hurrying eastward in a Pullman car on the Chesapeake and Ohio Railroad remarked with large favorable comment that the ancient doctrine of lex vigilantibus non dormientums subvenit was marvellously true in this practical time.