Without comment, Seymour turned to Helen.

"What are the modifying circumstances?"

Without a quaver, Helen met Seymour's piercing glance. She was alive to the fact that a single false step might mean ruin to Elijah, but she did not fear.

"For years, Mr. Berl has studied the conditions of orange growing, not only in this country, but in others. Previous to the organization of the Las Cruces company, he began a series of investigations as to the ranges of temperature. These investigations were not completed at the time this company was formed, farther than this. He had found that the greater part of the lands now held by the Las Cruces were in a belt where the temperature never went to freezing. He did not then know how much more extensive the belt was. At that time he transferred every foot of land which he controlled." Helen paused, looking at Seymour. He appeared politely patient, questioning the bearing of her words. She resumed.

"From this time he did not act alone, nor was he alone responsible for what was done. In my capacity of secretary, I discovered, what he did not tell you of, that is, the frostless belt. From maps, I found that the belt reached into territory not owned by the company, and I brought these facts to his notice. Whether rightly or not, this does not matter, he feared that I or others would make use of this knowledge. This fear led him to act at once without consulting the wishes of the company. There were movements on foot to secure this tract without knowledge of its special value, simply for its speculative value. Mr. Berl acted at once. At this time the Pacific Bank failed, and the fifty thousand dollars saved to the company through his influence,—I don't pretend to defend this,—was used by him for the purchase of the Pico ranch."

"One moment," Seymour interrupted. "Did Mr. Berl intend to restore this money?"

"I can only give you facts, Mr. Seymour, not opinions."

"Very well. But from your own showing, if other parties had secured this property, we would have had the revenue from the sale of the water and our money beside."

"I don't think that follows. But the actual fact is, that other parties did not get this tract and that Mr. Berl did."

"Has Mr. Berl got it now?"