THE LIBEL INVESTIGATED
Chairo was sitting at the head of one of
the tables in the hall of our building, and
Ariston and I were on either side of him,
when the morning papers were brought in. Since
the disappearance of "Liberty," only two morning
papers were daily published in New York: the
state paper, entitled "The New York News," and
"Sacrifice." Chairo rapidly perused "The
News" and handed it to me. I was absorbed
half in consuming the oatmeal, with which our
breakfast usually closed, and half in reading
"The News," when I was suddenly aware of an
agitation in my neighbor which caused me to look
up at him.
I was surprised at the shape this agitation
took; Chairo was a choleric man; as I first remember
him, very slight causes of annoyance sent
the blood to his face and found expression at once
in a few violent sentences. This morning, the first
impatient gesture over, he sat very still, pale, and
with beads of cold perspiration on his forehead.
"What is it?" asked Ariston.
Chairo pushed the paper to him.
Ariston, after reading the passage indicated,
said:
"Of course I understand that publicity of any
kind on such a subject must be odious to you; but
after all, it is a lie, and can be easily proved to be
such."
"It is not altogether a lie," answered Chairo.
"I was at Masters's rooms at the hour indicated,
but Lydia was not there—at least," he added, correcting
himself, "I did not see her there." For
already he began to suspect that Neaera had been
at her tricks again.
"I shall go to the editor at once," continued
Chairo, "and insist on the publication of an
apology."
The paper had by this time been handed to
me and I had read the libel.
"Don't go to the editor now," urged Ariston.
"You are justly indignant, and you have a man
to deal with, in the editor, who will only add to
your exasperation. Write a simple denial of the
fact that you have seen or spoken to Lydia at any
time or place since your arrest."
"I won't drag her name into the paper again,"
exclaimed Chairo. "If I write anything it must
be so contrived as not to introduce her name. I
have a right to insist that my private affairs be no
more discussed in the paper."
"You have the undoubted right under our
law to demand this, but don't be impatient if I
answer you that this matter is not a purely private
one; it is a matter of grave public interest."
Chairo flashed a look at Ariston that we both
understood; it meant a sudden revival of his aversion
for the cult, which made of this private matter
one with which the public had a right to
meddle; but the look died away, and Chairo's
face resumed the settled expression of discouragement
which had marked it since the sessions of the
investigating committee began.
"Let me see," said Ariston, "if I cannot draw
up a letter which the paper will have to publish,"
and he scribbled on the newspaper band that
Chairo had torn off and thrown aside. Very soon
he produced the following:
The Editor of "Sacrifice."
"Sir: I avail myself of my right under the
law to insist on your publishing this letter in the
same place and in the same type as the paragraph
to which it refers.
"The statement that I have in spirit or in
letter violated the compact under which I was
released is not true. I was at Masters's rooms at
the hour indicated, but I met no one there.
"Should you add anything to the libel already
published, by way of comment, head line, or
otherwise of a nature to cast a doubt upon the
contradiction herein contained, I shall at once
have you prosecuted with the utmost rigor of the
law.
"I beg also to inform you that I shall regard
any further reference to this incident as an improper
meddling with my private affairs, and
shall proceed accordingly."
Chairo glanced at the proposed letter, and
said:
"It is quite satisfactory except as to one statement
in it. I did not meet Lydia at Masters', but
I did meet another woman there."
Ariston and I looked at one another in surprise.
"An indiscretion?" asked Ariston.
"Not at all," said Chairo, "but a secret."
This was very awkward.
"I need not hesitate to tell you as my counsel,
in confidence," continued Chairo. "But I think
it must go no further."
We looked our inquiry.
"It was Neaera," said Chairo very low.
Ariston and I opened our eyes.
"That woman again!" exclaimed Ariston.
But Chairo rose, suggesting that it would be
more prudent to discuss the matter in our rooms,
and we followed him there.
Chairo then told us of his interview with
Neaera, leaving out of it all that might have explained
or reflected on her motives. Both Ariston
and I felt certain he was leaving out something.
"Well, we must modify our letter," said Ariston,
and after some discussion it was decided to
leave out the statement that Chairo had been at
Masters's rooms altogether, and to confine the
letter therefore to a bare denial.
Ariston advised Chairo to go at once to Arkles
and explain the facts, so as to put the cult in a
position to write a similar denial. Ariston and I
proceeded to the office of "Sacrifice."
On our way there we discussed Chairo's interview
with Neaera.
"You may depend upon it," said Ariston, "she
has lost Masters, and is making a desperate effort
to get back Chairo."
"And she had Lydia secreted in an adjoining
room," guessed I.
"That's it," said Ariston; "she is a devil!"
"But can Chairo insist on the publication of
his letter?" asked I.
"Certainly," said Ariston. "In this we have
but copied an admirable provision of the French
law in your time. We have added to it a right
for every man to prohibit any paper from publishing
any matter regarding his private movements
or his private affairs. The effect of this rule
is that as every paper wants to be free to publish
what is known as society news, and it can only do
so with the tacit consent of those who make up
society, it has to take care to publish nothing that
even borders on libel. Libel and slander, I think
I have told you, we regard as one of the greatest
of social crimes."
We found the editor of "Sacrifice" in a condition
of sanctimonious self-satisfaction. His article
had produced a sensation, and he was triumphant
in the thought that he was accomplishing
for the cult what the cult itself was too feeble to
accomplish for itself. He assumed an air of portentous
gravity when he learned the object of our
visit.
"I hold Chairo in the hollow of my hand,"
said he, "and I do not mean to let him off."
"You will have to publish his letter," insisted
Ariston.
"I shall publish his letter and I shall brand it
as a lie," retorted the editor.
"You will do so at your peril," answered
Ariston.
"I fear no consequences," said the little man,
straightening himself in his editorial chair.
"When Chairo denies that he was at Masters's
rooms between ten and eleven yesterday morning,
and Lydia denies that she was there at the same
hour, it will be time to resume investigation. So
bare a denial as this"—and he threw Chairo's
letter contemptuously down on his desk—"is not
worth the paper it is written on."
"What is your proof of the correctness of your
statement?" asked Ariston.
"I need not produce it," said the editor pompously,
"but I have nothing to conceal," and after
looking among the papers on his desk, he found
and handed us a typewritten statement of the fact
constituting the alleged libel. I was pretty sure
that I detected here the hand of Neaera.
"Before publishing this anonymous statement,"
continued the editor, "I was careful to
confirm it. The janitor of the building, upon being
questioned by me in person as to who had
passed his lodge during the hour in question, mentioned,
of his own accord, both Chairo and Lydia.
They arrived each alone and at an interval of a
few minutes. It was an assignation. There is no
doubt of it."
"You had best not tell Chairo so," said Ariston.
"Don't threaten me, sir," exclaimed the editor.
"Your own rôle in this matter will not bear investigation."
Ariston rose suddenly and advanced on the
editor, but I interfered.
"You have come here," said I, "on an errand
as counsel for Chairo, because you feared he
would not control his temper. Are you going to
lose yours?"
I had clutched Ariston by the arm, and at first
he tried to extricate himself from me, but he saw
the force of my argument, and, looking a little
mortified, he said:
"Xenos is right. I have no right to prejudice
Chairo's case by taking up a quarrel of my own.
Xenos, however, is a witness to the words you have
used and the animus you have shown. Now publish
a word of comment if you dare!"
Then, turning abruptly to the door, we both
left the room.
As soon as we were out of the building Ariston,
who was trembling with suppressed passion, said:
"This man has to be scotched! He means
mischief and is in a position to do mischief
unless we can make Chairo's innocence in this
matter clear as day. Let us summon the janitor
at once before an examining magistrate and get
all the facts from him. You understand me—all!"
I understood him, and appreciated the value
of a procedure that enabled any citizen to demand
at any time the examination of any other citizen
before a magistrate—subject, of course, to a heavy
penalty in case the proceeding turned out to be
unreasonable and vexatious. Had either of us
gone to the janitor ourselves we would have been
accused of having influenced him, so we addressed
ourselves directly to a magistrate who sent a messenger
for the janitor and secured his attendance
within half an hour.
The janitor answered rapidly under interrogation
as to the attendance of both Chairo and Lydia
at the hour named.
"Now tell us," asked Ariston, "who was in
Masters's apartment at the time."
"Masters's aunt."
"Was no one else there?"
"Yes, a messenger of Masters went backward
and forward several times."
Ariston demanded the name of the messenger,
and the magistrate at once sent for him.
Ariston continued the examination.
"Was no one else in Masters's apartment besides
his aunt?"
"I do not know of any one else being there."
He emphasized the word "know."
"When did Masters leave?"
"About two in the afternoon."
"Did no one else go to his rooms from two in
the afternoon to the arrival of Lydia next morning?"
"Not to my knowledge."
Again he emphasized the word "knowledge."
"You do not know of your knowledge just
where every one who passes your lodge goes?"
"No."
"Who passed your lodge and went to Masters's
staircase on the day before Chairo and Lydia went
there?"
The janitor mentioned here a large number of
persons, and then added:
"There may have been others; I don't see
every one who passes the lodge."
"Did any one that night gain admission after
dark?"
"A great many."
"Did you get the names of all?"
"Yes—of all—at least, there was one I did not
get."
At last the janitor hesitated, and it seemed clear
that Ariston was on the right scent.
"Who was it?"
"I don't know. I was sleepy, I did not insist."
"Did no one pass out next day whom you had
not admitted on the previous night?"
"I did not notice any one particularly; I
could not distinguish; so many come and go."
The janitor seemed to think a little and hesitate.
"Go on," said Ariston. "Of whom are you
thinking?"
"A veiled woman passed out that day and put
a piece of money in my hand."
"Over-astute Neaera!" thought I.
"Did you not recognize the woman?" asked
Ariston.
"No, she was veiled."
"Would you be surprised if I could guess at
what hour she passed out?"
The janitor looked at Ariston stupidly.
"She passed out within an hour after Lydia."
"Yes," nodded the janitor, "just about
that."
"Have you seen or talked with Masters's aunt
since that day?"
"No."
Ariston then asked the magistrate to send for
the messenger and Masters's aunt.
The janitor was asked to wait in case he should
be needed, and we adjourned for lunch. While
lunching Ariston and I agreed that we were going
to get at the facts, and that it would be better not
to let the editor know them till after to-morrow
morning. "I mean to give him rope," said Ariston.
"He'll hang himself, I think."
The messenger arrived shortly, and from him
the identity of the veiled lady was very soon
elicited. He had evidently received his piece of
money also, and endeavored to avoid a direct admission,
but Ariston got the fact out of him with
but little difficulty, and his hesitation to admit it
only brought out the more clearly the means
Neaera had adopted to cover her tracks.
Masters's aunt arrived a little later in a state
of utmost trepidation. She came up to Ariston at
once and implored him to tell her what the matter
was; had she done anything wrong; she would tell
anything that was wanted, but there were some
things she could not tell; really, was Ariston going
to ask her to tell things she really could not tell?
But Ariston calmed her, and told her the
magistrate was there to protect her.
She bustled up to the magistrate, who stopped
her by handing her the Bible, upon which she was
told to take her oath.
The judicial severity of the magistrate subdued
her at once; she took the oath and sat down.
Ariston whispered to the magistrate, begging him
to conduct the examination, and pointing out that
the object of it was to elicit what occurred at
Masters's rooms and whether or not Chairo and
Lydia had actually met there.
The magistrate asked her a few leading questions,
and as soon as the witness had recovered
from the subduing effect of the magistrate's presence
the floodgates were opened, and she poured
forth the whole story, leaving a strong presumption
that Lydia had not seen Chairo, and that
Chairo had ignored the presence of Lydia.
It was late in the afternoon before the examination
was closed. We found Chairo resting after
his bath. He told us that he had seen Arkles,
shown him a copy of the letter Ariston had drawn,
and agreed with Arkles that a similar letter be
written by Lydia.
Ariston told Chairo that we had not been idle,
but that we judged it wiser for the present not to
disclose to him what we had done. It would be
advantageous later to be able to say that we had
acted upon our own responsibility. We took
Chairo after dinner to hear some music, and tried
to make him forget the dreadful incidents of the
day, suspecting, as we did, that a still more bitter
dose was awaiting him next morning.
And the editor did not disappoint us. We
breakfasted earlier than usual in order to receive
the papers in our rooms. "Sacrifice" contained
Chairo's letter just as Ariston had submitted it.
Next came a shorter letter from Lydia to the following
effect:
"Sir: It is not true that I have met Chairo since
his release, clandestinely or otherwise, whether at
Masters's rooms between ten and eleven day before
yesterday, or at any other time or place.
"Lydia Second."
But an editorial carried out the editor's threat
of the day before. It stated that in compliance
with the law, letters signed by Chairo and Lydia
respectively had been that day published denying
the truth of the charge made against them on the
previous day, but that a sense of the duty which
the paper owed to the public made it impossible
to comply with Chairo's order to refrain from
further comment on the matter. It was not of a
private nature. On the contrary, it was a matter
of the gravest public concern. "No one," it went
on to say, "is less interested in Chairo's private
affairs than ourselves, and we fully appreciate the
reasons why he should prefer that his private
affairs be not at this moment, or any other, exposed
to public scrutiny; but he is charged with
having violated the sanctity of the cloister, with
having outraged a Demetrian, and with having,
in violation of his oath, sought to consummate the
crime, the perpetration of which had been prevented
by the vigilance of the Demetrian cult. Is
this a matter of purely private concern?"
The editorial then proceeded to explain the
carefulness with which it had verified the truth
of the statement published, compared the circumstantial
evidence produced by themselves with the
bareness of the denial published by the parties
incriminated, and closed with the following
words:
"We have always stood, and we stand to-day,
for peace, purity, and cleanliness of life. Chairo
stands for violence, lust, and turpitude. We shall
not allow ourselves to be intimidated by him or
diverted from our plain duty to brand his contradiction
as a lie."
It was a paper containing this outrageous attack
on Chairo that Ariston brought into our
room, flourishing it over his head with an air of
triumph, and crying:
"We have him—we have him. Good-bye, 'Sacrifice'";
and making a semblance of blowing it into
the air, he handed it to Chairo, but before Chairo
could read it he held it away from him and said:
"This is going to exasperate you—but believe
me it is the best thing that could happen. We
have already secured sworn evidence taken before
a magistrate that vindicates both you and Lydia—don't
ask us what it is—I shall be responsible
for all I do. The intemperance of the language
you are going to read is going to do you more
good than all the eloquence you can command in
yourself or in others."
When Chairo read the article he insisted on
Ariston's telling him what evidence we had, and
Ariston explained the proceedings of the previous
day at length; he added that he knew Chairo
would object to bring home the responsibility to
Neaera, but that what Chairo might have reasons
for not doing he, Ariston, had no reason for not
doing, and that he proposed to make it clear that
he, Ariston, was responsible for the whole proceeding
and not Chairo.
"Well," said Chairo, "you have gone beyond
the point where I can either stop or help you."
"Exactly," argued Ariston, "and this is exactly
where I wanted to put you. This last attack
upon both you and Lydia—for, of course, she is
as much included as yourself—leaves you no alternative
but to prosecute the editor. I propose to
present to-day's article to the magistrate who took
the testimony yesterday. He will grant me an
order of arrest against the editor for libel, and
both you and Lydia will be vindicated as you
deserve."
As Ariston spoke, a note was handed to me
from Anna of Ann begging me urgently to go and
see her that afternoon at tea time. I showed it to
Ariston, and we wondered what new development
things were taking that could include Anna of
Ann.
"Harmes!" exclaimed Ariston.
I was puzzled.
"What do you mean?" asked I.
"Neaera is playing her last card."
Then it flashed upon me.
That afternoon I went to see Anna of Ann and
found her in profound dejection. Ariston had
guessed right. A few days before Harmes had received
a letter from Neaera and absented himself
the whole afternoon. He had returned much absorbed,
and the next afternoon he had absented
himself again. Anna had asked him if he had
not heard from Neaera, and he had answered indignantly
that all were conspiring to make a scapegoat
of her. Anna had protested, but every word
she said had only contributed to increase his indignation.
He was evidently caught in the siren's
meshes and hopelessly under her influence. What,
asked Anna, should be done?
I pointed out to Anna that Ariston was much
better able to help her in such a matter, and asked
to be allowed to send Ariston to her the following
day, but she demurred. I guessed at the reason
of her objection and suggested her father calling
on Ariston. But her father knew nothing of the
matter and Anna thought it unwise to let him
know.
"Then let your mother call on Ariston at his
office," suggested I.
"That would be better," answered Anna.
And I arranged to let her know next day when
Ariston would be at his office.
Ariston was much interested to learn that he
had guessed right, and very willingly gave an
appointment for the next day.
Meanwhile, the district attorney had obtained
an order of arrest against the editor, and next
day's issue was edited by a new man. It contained
a statement of the arrest of the editor, professed
to suspend judgment until after the trial, and submitted
under the circumstances the wisdom of
silence on the subject.
But the affair had made a profound impression
upon the public and the legislature, and although
Chairo's guilt as to conspiracy was clear,
it was felt to be equally clear that he had sincerely
done what he could to prevent the attack upon the
House of Detention. Moreover, he was now
being unfairly treated and this created a revulsion
of feeling in his favor. Ariston was much encouraged,
for he did not conceal from me his conviction
that, as matters stood before this incident,
the feeling of a large majority of the legislature
was that an example ought to be made of Chairo.
So long as this feeling prevailed, no amnesty bill
could have been passed that included him, and
there was no reason to believe that he could expect
anything less than the full penalty of the law at
the hands of the courts.