University of Virginia Library

34. Chapter XXXIV

WITH Thorpe there could be no half-way measure. He saw that the rupture with his sister was final, and the thrust attained him in one of his unprotected points. It was not as though he felt either himself or his sister consciously in the wrong. He acquitted her of all fault, except as to the deadly one of misreading and misunderstanding. The fact argued not a perversion but a lack in her character. She was other than he had thought her.

As for himself, he had schemed, worked, lived only for her. He had come to her from the battle expecting rest and refreshment. To the world he had shown the hard, unyielding front of the unemotional; he had looked ever keenly outward; he had braced his muscles in the constant tension of endeavor. So much the more reason why, in the hearts of the few he loved, he, the man of action, should find repose; the man of sternness should discover that absolute peace of the spirit in which not the slightest motion of the will is necessary; the man of repression should be permitted affectionate, care-free expansion of the natural affection, of the full sympathy which will understand and not mistake for weakness. Instead of this, he was forced into refusing where he would rather have given; into denying where he would rather have assented; and finally into commanding where he longed most ardently to lay aside the cloak of authority. His motives were misread; his intentions misjudged; his love doubted.

But worst of all, Thorpe's mind could see no possibility of an explanation. If she could not see of her own accord how much he loved her, surely it was a hopeless task to attempt an explanation through mere words. If, after all, she was capable of misconceiving the entire set of his motives during the past two years, expostulation would be futile. In his thoughts of her he fell into a great spiritual dumbness. Never, even in his moments of most theoretical imaginings, did he see himself setting before her fully and calmly the hopes and ambitions of which she had been the mainspring. And before a reconciliation, many such rehearsals must take place in the secret recesses of a man's being.

Thorpe did not cry out, nor confide in a friend, nor do anything even so mild as pacing the floor. The only outward and visible sign a close observer might have noted was a certain dumb pain lurking in the depths of his eyes like those of a wounded spaniel. He was hurt, but did not understand. He suffered in silence, but without anger. This is at once the noblest and the most pathetic of human suffering.

At first the spring of his life seemed broken. He did not care for money; and at present disappointment had numbed his interest in the game. It seemed hardly worth the candle.

Then in a few days, after his thoughts had ceased to dwell constantly on the one subject, he began to look about him mentally. Beneath his other interests he still felt constantly a dull ache, something unpleasant, uncomfortable. Strangely enough it was almost identical in quality with the uneasiness that always underlay his surface-thoughts when he was worried about some detail of his business. Unconsciously—again as in his business—the combative instinct aroused. In lack of other object on which to expend itself, Thorpe's fighting spirit turned with energy to the subject of the lawsuit.

Under the unwonted stress of the psychological condition just described, he thought at white heat. His ideas were clear, and followed each other quickly, almost feverishly.

After his sister left the Renwicks, Thorpe himself went to Detroit, where he interviewed at once Northrop, the brilliant young lawyer whom the firm had engaged to defend its case.

"I'm afraid we have no show," he replied to Thorpe's question. "You see, you fellows were on the wrong side of the fence in trying to enforce the law yourselves. Of course you may well say that justice was all on your side. That does not count. The only recourse recognized for injustice lies in the law courts. I'm afraid you are due to lose your case."

"Well," said Thorpe, "they can't prove much damage."

"I don't expect that they will be able to procure a very heavy judgment," replied Northrop. "The facts I shall be able to adduce will cut down damages. But the costs will be very heavy."

"Yes," agreed Thorpe.

"And," then pursued Northrop with a dry smile, "they practically own Sherman. You may be in for contempt of court—at their instigation. As I understand it, they are trying rather to injure you than to get anything out of it themselves."

"That's it," nodded Thorpe.

"In other words, it's a case for compromise."

"Just what I wanted to get at," said Thorpe with satisfaction. "Now answer me a question. Suppose a man injures Government or State land by trespass. The land is afterward bought by another party. Has the latter any claim for damage against the trespasser? Understand me, the purchaser bought after the trespass was committed."

"Certainly," answered Northrop without hesitation. "Provided suit is brought within six years of the time the trespass was committed."

"Good! Now see here. These M. & D. people stole about a section of Government pine up on that river, and I don't believe they've ever bought in the land it stood on. In fact I don't believe they suspect that any one knows they've been stealing. How would it do, if I were to buy that section at the Land Office, and threaten to sue them for the value of the pine that originally stood on it?"

The lawyer's eyes glimmered behind the lenses of his pince-nez; but, with the caution of the professional man he made no other sign of satisfaction.

"It would do very well indeed," he replied, "but you'd have to prove they did the cutting, and you'll have to pay experts to estimate the probable amount of the timber. Have you the description of the section?"

"No," responded Thorpe, "but I can get it; and I can pick up witnesses from the woodsmen as to the cutting."

"The more the better. It is rather easy to discredit the testimony of one or two. How much, on a broad guess, would you estimate the timber to come to?"

"There ought to be about eight or ten million," guessed Thorpe after an instant's silence, "worth in the stump anywhere from sixteen to twenty thousand dollars. It would cost me only eight hundred to buy it."

"Do so, by all means. Get your documents and evidence all in shape, and let me have them. I'll see that the suit is discontinued then. Will you sue them?"

"No, I think not," replied Thorpe. "I'll just hold it back as a sort of club to keep them in line."

The next day, he took the train north. He had something definite and urgent to do, and, as always with practical affairs demanding attention and resource, he threw himself whole-souled into the accomplishment of it. By the time he had bought the sixteen forties constituting the section, searched out a dozen witnesses to the theft, and spent a week with the Marquette expert in looking over the ground, he had fallen into the swing of work again. His experience still ached; but dully.

Only now he possessed no interests outside of those in the new country; no affections save the half-protecting, good-natured comradeship with Wallace, the mutual self-reliant respect that subsisted between Tim Shearer and himself, and the dumb, unreasoning dog-liking he shared with Injin Charley. His eye became clearer and steadier; his methods more simple and direct. The taciturnity of his mood redoubled in thickness. He was less charitable to failure on the part of subordinates. And the new firm on the Ossawinamakee prospered.