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XX THE PENALTY OF A BIRTH-MARK

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if marbury had played for effect, he could not have done it better.

for an instant, no one spoke—no one even stirred. then, the governor recovered himself.

"my god! man! do you realize what you have said?" he exclaimed.

"i do," said marbury; "and i am ready to prove it." he strode to the window. "let jamison and his mate come in!" he shouted.

at the same time, the governor raised his voice.

"herford!" he called, "the guard! the guard!—your pardon, sir," addressing brandon, "but the seriousness of the charge obligates it."

de lysle had sprung up in indignation; brandon stayed him with a gesture.

"i understand," he said, crossing his legs, with unconcern. "it is a proper precaution. if i were long-sword, there might be need for them. as i am not he, i must ask mr. marbury to produce his evidence at once. it is scarcely fitting, that sir charles brandon rest under an imputation so serious, an instant longer than is required to disprove it."

"let jamison, and the mate, wait in the outer room until required," said colonel sharpe, to herford who, at that moment, appeared at the head of[pg 321] the guard.—"now, mr. marbury, we are ready to hear your proofs."

"your excellency knows of the attack on hedgely hall," marbury said, "and the capture of their leader, who, by his own admission to me, was long-sword—also, of his escape, after killing his guard. i had every chance to observe him, during the long colloquy concerning ransom, and, afterward, on the ship. the voice, the face, the build, every action of the man is the same. i identify him, beyond question. and more, i have had no communication with jamison and his mate, their ship brought me here, and i have sent for them—i have not seen them. they have never seen sir charles brandon. i am willing to submit the case on their testimony. let them confront him. if they do not sustain me, i will withdraw the charge, and apologize, most humbly."

the governor turned to herford, who, sword drawn, was standing by the closed door, and nodded for him to admit jamison.

the skipper entered, hesitatingly, and halted just within the room. the soldiers, the governor's mansion, the unfamiliar surroundings, the sudden summons, the mystery of it all had produced their natural result. he was frightened.

"jamison," said colonel sharpe, "will you do us the favor to look at the gentleman, immediately on your left, and tell us whether you have ever seen him."

[pg 322]

the skipper turned, slowly; at the same instant, marbury threw back the hangings from the window, and the morning sun flooded the apartment.

"good god!" he exclaimed, starting back. "it is long-sword! long-sword the pirate!"

"that will do," said the governor; "stand aside. now, summon the mate."

he also entered, slowly, as though doubtful of his reception, his hat held nervously in his fingers, his eyes shifting rapidly from side to side, yet appreciating nothing. when the governor spoke, he jumped as though he had been struck, instead, and the question had to be repeated before he understood its tenor. then he wheeled, suddenly—and came face to face with brandon.

instantly, he let out a yell, and sprang clear to the other side of the room.

"long-sword! long-sword!" he cried.

brandon laughed, lightly.

"long-sword must have been the very devil!" he said. then, he became grave. "surely, your excellency will not view too seriously what must be a very striking resemblance between this pirate and myself. but, that you may be relieved of all embarrassment, i am willing to go to england under guard. there, that i am sir charles brandon can be instantly attested by any one at court, his majesty, himself, included. if you do this, i will give you, in addition, my parole that i will not seek to escape."

[pg 323]

"why should you do it?" exclaimed de lysle, seeing the play, and seeking to aid it.

"because it is proper that i should aid his excellency in his perplexity," brandon said. "three witnesses name me as long-sword; it is absurd, and the quickest way to prove the absurdity is to send me home for identification. it is the penalty i pay, for being a pirate's double."

"will you be satisfied, if i send him to england under guard?" the governor asked marbury.

"no, i am not satisfied," was the answer. "he may, in truth, be sir charles brandon, but that does not prevent him from being long-sword, too. by his own admission (i heard it, as i stood in the outer room), he has not been home for four years, and he has had no word from england in the interim. why?—why?—where has he been these four years?—what doing? it is just about that period since long-sword the pirate appeared. strange coincidence, is it not, when you consider the resemblance?—and the further fact, that he is discreetly silent as to his whereabouts during these four years. i was willing to let him go, when he escaped. i wanted no further bother concerning him. but, when he actually has the effrontery to invade your excellency's house, as a guest, and impose upon the good people of this province, i say, let him be punished. no, sir, i am not satisfied to have him sent home, and then released, if he be identified as brandon."

[pg 324]

the governor nodded, gravely.

"what have you to say, monsieur, to the proposition, that you could be both sir charles brandon and long-sword?" he asked.

brandon raised his hands, expressively.

"that may be true," said he. "but an english gentleman, of means, is not likely to become a pirate."

"your excellency," said jamison, coming a step forward, "might i be permitted to say something?"

colonel sharpe turned to him, with a frown.

"speak up!" he said, shortly. "what is it?"

"long-sword had a collar-bone broken in the fight, when he was captured—" began jamison.

"and you mean, that there may be evidence of it?" the governor interrupted. "very good!—brandon, will you submit to examination?"

"certainly, sir! i shall be glad to let either you or mr. maynadier inspect my shoulders. why did you not speak of this sooner, fellow?" he added.

it was the evidence he had been hoping for—had, indeed, depended on to establish his innocence. and they had been long in coming to it! the bones had knit as neatly as before the break.

"and when you are about it," added jamison, "you might look for a star-shaped birth-mark, under the left arm. i noticed it, when i bound up his injury. if it is not there, then he is not long-sword."

[pg 325]

"very good! my man, they may look for the birth-mark, too," said brandon.

he crossed to the window, where the sun would fall full upon him, divesting himself of his coat as he went; glanced out at the turf, below, tossed the coat, carelessly, on a chair, and, putting one hand on the ledge, suddenly vaulted through the opening.

it was so totally unexpected, that, for an instant, no one moved. then captain herford, with a shout to his men to follow, bounded across the room, and leaped out in pursuit.

brandon had slipped on the grass, when he landed, and herford alighted almost in his arms, and a trifle beyond him. both men recovered themselves at the same instant, but herford was between brandon and freedom. like a flash, he drew his sword, and flung himself upon the aide.

herford was not an expert, but he had agility, and, that first requisite of a fencer, a strong wrist, and he held his own, for the moment that was necessary to enable the guard to come up. just as they appeared, he felt the other's sword pass through his shoulder, and he knew no more.

brandon whipped out the blade, and sprang forward. too late! a dozen soldiers were in the way. he put his back to the house, and waited.

he would die, here—die as long-sword—die with the music of the steel, perhaps the roll of musketry, in his ears. it was better—much better—than the rope.

[pg 326]

a figure leaped down from the window. it was de lysle.

"brandon!" he exclaimed. "let me aid you." the other waved him back.

"you cannot aid me. i am alone on the ship," he said. "farewell, my friend.—ah! place for his excellency!"

the governor came hurriedly out, followed by maynadier and marbury. constable, and the rest of the men of the house party, attracted by the unusual commotion, were hastening over from the race track, though they could not yet see what was occurring on the opposite side of the house.

colonel sharpe took in the whole scene at a glance:—the solitary figure against the wall, the dozen soldiers that hemmed him in, the wounded herford lying on the grass, the blood blotching breast and shoulder.

and he swore a great oath, and, kneeling, raised the captain's head.

"he is not dead!" he said. "here, maynadier, look to him, will you?" then he arose and faced brandon.

the latter's sword went up in salute.

"perhaps your excellency will favor me with a pass or two?" he said.

the governor's face was set and stern, for the time, all mercy had passed out of it.

"for i am long-sword," he continued, "even[pg 327] as i am sir charles brandon. and, ere we grow busy in the business of death, i want to say, in order that my friend, de lysle, may not be misunderstood, that, although he recognized me after he entered the cabin, where i was prisoner, yet he knew nothing of my coming to annapolis, until i walked in upon him at the coffee-house. i was going home. long-sword the pirate was to be buried, forever. in ten days, i should have sailed.... but the fates were against me—i shall not go home—i shall die as long-sword, instead." he bowed gracefully to the governor. "i thank your excellency! now, cry on your dogs!"

at this instant, constable came through the house and out on the esplanade.

"what is it?" he exclaimed—"what does it mean?"

"it is the passing of long-sword the pirate," brandon answered. "will not your excellency begin?"

"i would much rather you surrendered," said colonel sharpe.

"no doubt! it would save you a few lives," he mocked.

"you decline to yield?"

brandon bowed.

"then shoot him, sergeant!" was the order.

but before a trigger could be pulled, or a flintlock fall, brandon was upon them. his sword flashed in and out, there was a swaying back and[pg 328] forth, shouts and cries, the clubbing of muskets, the groans of the wounded, a mêlée, in which all were mingled in a blur of strife and struggle....

then, the line parted; and through the opening, his sword at the lunge, staggered brandon. blood gushed from his face and head, from his breast, from his legs. he was almost sped. he came a little way—faltered—stopped. a soldier stepped out behind him and passed his hanger through his throat. he fell without a word. so, long-sword died.

the governor, his wrath passed, looked down at the dead, and shook his head, sadly.

"he was a brave man!" he said. "may i meet death as fearlessly, when my time comes.... gentlemen, this deplorable scene is over—let me suggest that you hasten to the ladies, and keep them on the other side of the house, until all traces of the conflict have been removed."

he hooked his arm within maynadier's, and went slowly in.

"i have had enough of crime and punishment," he said, as they passed the doorway. "what think you, shall we excuse parkington—let him depart in peace, for england?"

"yes!" replied maynadier.

"how say you, marbury?" the governor asked.

"as i have said all along: let it rest! let him go!"

"there are some things that are not explained,[pg 329] but they can bide—yes, i think that he may go.—parkington!" he called.

parkington, who was kneeling by the body of his dead friend, arose and came forward.

"sir edward!" said the governor. "we have decided to pursue your matter no further, upon the condition, however, that you will continue to bear the name of parkington, and reside in this house, as a guest, until the first ship sails for england. are you content?"

parkington bowed low. "more than content, your excellency. i am deeply grateful. moreover, there are pressing reasons, now, for my instant return to england."

he drew the annapolis paper from his pocket, and, pointing to the item in larger type at the foot of the last column, passed it across.

colonel sharpe read:

"five hundred pounds reward!

"for information sent to the undersigned, that will lead to the location of the present whereabouts of the honourable roger james howard de lysle, who, it is thought, sailed for america, incognito, about the first of april, last past. he is of average size, with black hair and eyes, fair complexion, clear cut features, and fine bearing. by the sudden demise of the persons intervening, he has succeeded to the title and estates of the earl of doncaster."

[pg 330]

the governor ceased. "my lord," he said, extending his hand, "you have my congratulations! but i think, for reasons which you will understand," he added, "you best cling to the old name, so long as you are in america."

the earl bowed. "your excellency is right. as parkington i came to annapolis, as parkington i shall leave it.—will you wait here one moment, sir?"

he returned, presently, with miss stirling.

"my dear," he said, "i did myself the honor of asking you to marry me, when i was simply roger de lysle; and, though you did not promise, yet you were good enough to consider it not unfavorably, i thought. now, in the presence of his excellency the governor, your uncle, i do myself the further honor of asking you to become the countess of doncaster."

miss stirling's heart beat wildly.

"the countess of doncaster!" she repeated, wonderingly. "you are the earl?"

"i am the earl," he answered. then he smiled, the winning, fascinating smile that was his, and held out his arms to her. "will you go home with me, dear?" he asked.

without hesitation, she went to him.

"i will go, my lord," she answered. "i will go."

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