"When Avery came to himself and you still were silent, he doubtless saw that, having arranged for you to meet Reynolds at the bungalow—Reynolds, who had been avoiding you—he had put himself in the position of an accessory before the fact and that even if he told the truth about your being there he would only be drawing you into the net without wholly freeing himself. At best it was an ugly business, and being an intelligent man he knew it. I gather that you are a secretive man by nature; the people who know you well in your own town say that of you. No one knew that you had gone there and the burden of the whole thing was upon Avery. And your tracks were so completely hidden: you had been at such pains to sneak down there to take advantage of the chance Avery made for you to see Reynolds and have it out with him about the creamery business, that suspicion never attached to you. You knew Avery as a good fellow, a little weak, perhaps, as you learned from that forgery of your name ten years earlier; and it would have been his word against yours. I'll say to you, Mr. Tate, that I've lain awake nights thinking about this case, and I know of nothing more pitiful, my imagination can conjure nothing more horrible, than the silent suffering of George Avery as he waited for you to go to his rescue, knowing that you alone could save him."
"I didn't do it, I didn't do it!" Tate reiterated in a hoarse whisper that died away with a queer guttural sound in his throat.
"And now about your alibi, Mr. Tate: the alibi that you were never even called on to establish." The governor reached for the tablet and held it before the man's eyes, which focused upon it slowly, uncomprehendingly. "Now," said the governor, "you can hardly deny that you drew that sketch, for I saw you do it with my own eyes. I'm going to ask you, Mr. Tate, whether this drawing isn't also your work?"
He drew out the sheet of paper he had shown the others earlier in the evening and placed it beside the tablet. Tate jumped to his feet, staring wild-eyed, and a groan escaped him. The governor caught his arm and pushed him bade into his chair.
"You will see that is Avery's letterhead that was used in the quarry office. As you talked there with Reynolds that night you played with a pencil as you did here a little while ago and without realizing it you were creating evidence against yourself that was all I needed to convince me absolutely of your guilt. I have three other sheets of Avery's paper bearing the same figure that you drew that night at the quarry office; and I have others collected in your own office within a week! As you may be aware, the power of habit is very strong. For years, no doubt, your subconsciousness has carried that device, and in moments of deep abstraction with wholly unrelated things your hand has traced it. Even the irregularities in the outline are identical, and the size and shading are precisely the same. I ask you again, Mr. Tate, shall I sign the pardon I brought here in my pocket and free George Avery?"
The sweat dripped from Tate's forehead and trickled down his cheeks in little streams that shone in the light. His collar had wilted at the fold, and he ran his finger round his neck to loosen it. Once, twice, he lifted his head defiantly, but, meeting the governor's eyes fixed upon him relentlessly, his gaze wavered. He thrust his hand under his coat and drew out his pencil and then, finding it in his fingers, flung it away, and his shoulders drooped lower.
III
Burgess stood by the window with his back to them. The governor spoke to him, and he nodded and left the room. In a moment he returned with two men and dosed the door quickly.
"Hello, warden; sit down a moment, will you?"
The governor turned to a tall, slender man whose intense pallor was heightened by the brightness of his oddly staring blue eyes. He advanced slowly. His manner was that of a blind man moving cautiously in an unfamiliar room. The governor smiled reassuringly into his white, impassive face.