The Man of Last Resort; Or, The Clients of Randolph Mason

by Melville Davisson Post

The sheriff continued. “At the time of Hirst's death I was not quite certain that it was suicide. The coat and vest found on the bridge did not correspond to the trousers and shoes of the deceased, which were the ordinary rough articles worn by the miners. There was no explanation for such dress on the part of Hirst. Later I found a miner's coat at Jim's Ford which corresponded to the other clothing of Hirst. This coat had been tied in a bundle and thrown into the river above—probably at the bridge. Stitched in the lining was a pocket book belonging to Brown Hirst containing some money and a draft on New York, together with a memorandum of a number of life insurance policies. These matters led me to believe that Hirst had planned to secure the insurance on his life by arranging a counterfeit suicide, but by some means the plan had failed after the evidence had been prepared and he had come to a violent death, probably by the hand of another.

“But the matter was involved in mystery, and I deemed it best to retain my conclusions until further developments should appear. I wrote to the various companies with which Hirst was insured, explaining the facts which I had determined. They replied that the matter was in the hands of Hartmyer Belfast, their secret agent, and that I would be advised when the investigation was complete.

“A few days since the companies wired me that Mr. Belfast might be expected to appear in my county at any time, and yesterday he called upon me.”

The sheriff moved a little closer to the table, and the drawl seemed to slip out of his speech.

“It can now be shown that Robert Gilmore came to McDowell for the purpose of assisting Hirst to manufacture evidence of a suicide; that he went with him upon the bridge, and after enticing Hirst to the rail of the bridge, suddenly threw him over into the river. The train men can be produced who saw Gilmore when he arrived and when he departed on the night of the murder. All of this evidence has been carefully prepared. In addition, it can be shown that immediately after his trial, for some mysterious reason Gilmore went directly to Philadelphia and arranged for a conference with the widow of Brown Hirst. Of this Mr. Belfast had notice, and, by request of Mrs. Hirst, he was present, concealed in an adjoining room. This conference between Gilmore and Mrs. Hirst was remarkable. The man was deeply affected, and said that he had come to tell her the entire history of his villainy, because he loved her, had loved her always, and now knew that he could never have her. Whereupon he explained that Hirst and himself had planned to rob the insurance companies; that Hirst's marriage to her was part of the scheme, but that he, Gilmore, had grown to love her, and to regret his action in procuring the marriage, and so frightfully had this grown upon him that finally he had killed Hirst.

“He then explained the minute circumstances of the death, adding that he had been tried and acquitted, and would now leave the country, but that something in his bosom would not rest until he had told her the entire truth. So we have now, I judge, a complete case, together with the confession, which, I am told, will be quite proper evidence, and with such a case there can now be nothing in the way of Gilmore's conviction.”

“Nothing at all,” observed the judge, dryly, “except the Constitution of the United States of America.”

The sheriff sat down suddenly and replaced the eye-glasses on his fat nose.

“You mean,” said the prosecuting attorney, “that the prisoner cannot be put twice in jeopardy for the same offense?”

“Unless,” responded the judge, “the judicial machinery in McDowell can be held exempt from the Constitution of the State and the Constitution of the Federal Government, a conclusion,” he added, with prodigious gravity, “in which I should rather hesitate to concur upon a casual hearing. Having been once properly tried for murder, this man cannot be again tried for the same offense.”