by Bram Stoker
“A knowledge of the law can hurt no one; though it may now and again disappoint some one — when expounded too late. Well, there is a common belief in South Britain — and elsewhere that the marriage law in Scotland is a very filmy thing, with bounds of demarcation which are actually nebulous. This doubtless arises from the fact that all such laws are based on the theory that it is good to help such contracting parties to the secure and speedy fulfilment of their wishes. But anyone who thinks that they are loose in either purpose or action is apt to be rudely enlightened. The Scots’ Marriage laws demand that there be a manifest and honest intention of marriage on the part of the contractors. This intention can be proved in many ways. Indeed the law in certain cases is willing to infer it, when direct proof is not attainable, from subsequent acts of the parties. I may fairly say that in all such cases courts of law will hold that mutuality of intention is of the essence of marriage rite. This followed by co-habitation is the marriage; though the latter to follow close on the declaration is not always deemed necessary. In our law the marriage may be either of two kinds. The most formal is that effected by a minister or proper official after due calling of banns, or by notice given to sheriff or registrar. The other form is by what is known in the law as ‘Irregular marriage.’ This is in legal parlance — for which I make no apology as it is necessary that all married folk, or those intending to enter that honourable condition should understand it — is known as ‘intention followed by copula.’ Now you must know that either form of marriage is equally binding — equal in law and honour, and when the conditions attached to each form have been duly fulfilled such marriage is irrefragable. In old days this facility of marriage made Gretna Green, which is the first place across the Border, the objective for eloping lovers matrimonially inclined; and as till 1856 no previous residence in Scotland was required, romance was supposed to stop at the Border. That is, the marriage could be effected and parental objections — did such exist — were overborne. There were many cynical souls who held that repentance for the hasty marriage could then begin. I feel bound to say that this is an opinion in which I do not myself share.
“In 1836 an Act of Parliament, 20th Vict Cap. 96, was passed, by which it became necessary for the validity of irregular marriage that at least one of the two contractors should have his or her usual residence in Scotland, or have been resident in Scotland for three full weeks next preceding the marriage.
“I thank you, Colonel Ogilvie, for having listened to me so patiently. But as I have no doubt that you three have much to say to each other I shall withdraw for the present. This will leave you free to discuss matters. And perhaps I may say, as an old man as well as a responsible officer of the Law, that I trust the effect will be to make for peace and amity. I am staying here in the hotel and I shall take it as a great pleasure and a great honour if you will breakfast with me in say an hour’s time. All your family will be most welcome.” With a bow, in which deference and geniality were mingled, he withdrew.
Each of the three left kept looking at each other in silence. Joy drew closer to Athlyne and took his hand. Colonel Ogilvie pretended not to notice the act an effort on his part which made his daughter radiant with hope. The first words spoken were by the Colonel:
“That man is a gentleman!” The two others felt that silence was present discretion; to agree with Colonel Ogilvie in his present mood was almost as dangerous as to disagree with him. His next words were in no way conciliatory though the arriere pensee made for hope.
“Now sir, what have you to say for yourself in this unhappy matter? Remember I in no way relax my intention of — of punishment; but I am willing to hear what you have to say.” Athlyne winced at the word “punishment,” which was not one which he was accustomed to hear applied to himself. But for Joy’s sake he made no comment. He even kept his face fixed so as not to betray his anger. He felt that any change of subject, or drifting off that before them, must be for the better; things could, he felt, hardly be worse than at present. Moreover, it might smooth matters somewhat if Colonel Ogilvie could be brought to recollect that he was not himself an undesirable person for alliance, and that his intention of matrimony had been already brought before Joy’s father. In this conviction he spoke:
“As in this country, sir, intention counts for so much, may I crave your indulgence for a moment and refer you back to my letter to you on the subject of a very dear wish of mine — a wish put before you with a very decided intention.” Colonel Ogilvie’s answer, given in manner of equal suavity, was disconcerting; the bitterness behind it was manifest.
“I think sir, there must be some error — which is not mine. I never received any letter from you! Your epistolary efforts seem to have been confined to the ladies of my family.” With an effort Athlyne restrained himself. When he felt equal to the task he spoke, still with a manner of utmost deference:
“An error there surely is; but it is not mine either. I posted yesterday at the Ambleside post office a letter to you...” He was interrupted by Colonel Ogilvie who said bluntly:
“I am not so sure, sir, that the fault of my not reading such a letter was not yours; though perhaps not in the direct manner you mean. When I arrived home last night and found the horrible state of things with regard to my daughter’s rash act — due to you” this with a look of actual malevolence “I was so upset that I did not look at the pile of letters awaiting me. I only read Joy’s messages.” As he said this Athlyne’s eyes flashed and there was an answering flash in the eyes of the woman who looked so keenly at him; this was the first time since his arrival that the father had condescended to even mention his daughter’s name. There might be some softening of that hard nature after all. Then the old man continued:
“I put them in my pocket; here they are!” — Whilst he looked at the envelopes in that futile way that some people unused to large correspondence love, Joy said with an easy calmness which made her lover glance at her in surprise:
“Daddy, hadn’t you better read your letters now; we shall wait.” The tone was so much that to which he was accustomed from her that he did not notice the compromising “we” which would otherwise have inflamed him afresh.
Drawing a chair close to one of the windows he opened the letters and began to read. Athlyne and Joy, instinctively and with unity of thought, moved towards the other window which was behind him. There they stood hand in hand, their eyes following every movement of the old man. Joy did not know, of course, what was in the letter; but she had seen it before in the garden at Ambleside and when he had posted it before setting out on their motor ride. And so, piecing her information with the idea conveyed by her lover’s recent words, she was able to form some sort of idea of its general import. A soft, beautiful blush suffused her face, and her eyes glistened as she stood thinking; in the effort of thought she recalled many sweet passages. She now understood in a vague way what was the restraining influence which had moved her lover to reticence during all those hours when he had tried to tell her of his love and his hopes without actually speaking words, the knowledge of which given without his consent would have incensed her father against him, and so wrought further havoc. So moved was she that Athlyne, whose eyes were instinctively drawn to her from the observation of her father, was amazed and not a little disconcerted. There must be some strange undercurrent of feeling in her which he could not understand. Joy saw the look on his face and seemed to understand. She raised to her lips the hand that she so strongly clasped in hers and kissed it. Then she raised a finger of her other hand and touched her lips. Thus reassured of her love and understanding, Athlyne followed with his eyes the trend of hers; and so together they continued to watch her father, trying to gather from his bearing some indication of his thoughts. Indeed this was not a difficult matter. Colonel Ogilvie seemed to have lost himself in his task, and expressed his comments on what he read by a series of childlike movements and ejaculations. Athlyne who knew what the letter contained could apply these enlightening comments, and even Joy
in her ignorance of detail could inferentially follow the text. Colonel Ogilvie did say a word of definite speech, but the general tendency of his comment was that of surprise — astonishment. When he had finished reading Athlyne’s letter — it was the last of the batch — he sat for quite half a minute quite still and silent, holding the paper between finger and thumb of his dropped left hand. Then with a deep frown on his forehead he began to read it again. He was evidently looking for some passage, for when he had found it he stood up at once and turned to them. By this time Joy, warned by the movement, had dropped her lover’s hand and now stood some distance away from him. The old man began:
“Sir... There is a passage in a letter here which I understand to be yours. So far I must acknowledge that I have been wrong. You evidently did send the letter, and I evidently received it. Listen to this: ‘Having heard in a roundabout way that there was a woman in New York who was passing herself off as my wife I undertook a journey to that City to make investigation into the matter; and in order to secure the necessary secrecy as to my movements took for the time an assumed name — or rather used as Christian and surname two of those names in the middle of my full equipment which I do not commonly use.’ What does all that mean? No, do not speak. Wait and I shall tell you. You say the lady — woman you call her — took your name. For saying such a thing, and for the disrespect in her description as a woman, you will have to answer me. Ether of them will cost you your life.” Athlyne answered with a quiet, impressive dignity which helped in some degree to reassure Joy who stood motionless in open-eyed wonder — her heart seeming to her as cold as ice at the horror of this new phase of danger. It was a veritable “bolt from the blue,” incomprehensible to her in every way:
“Colonel Ogilvie, I regret I shall be unable to meet your wishes in this respect!” As the old man looked astonished in his turn, he proceeded:
“I already owe you a life on another count; and I have but one. But if I had ten you should have them all, could they, in any way assuage the sorrow which it seems must follow from my thoughtless act. I have told you already that I shall freely give my life in expiation of the wrong I have — all unintentionally — done to your daughter and yourself. And if any means could be found by which it could add to Joy’s happiness or lessen her sorrow I should in addition and as freely give my soul!”
Colonel Ogilvie’s reception of these words was characteristic of the man, as he took himself to be. He drew himself up to his full height and stood at attention. Then he saluted, and followed his salute with a grave bow. The soldier in him spoke first, the man after. Both Joy and Athlyne noticed with new hope that he allowed the speaking of her name to pass unchallenged as a further cause of offence. Presently, and in a new tone, he said:
“I have taken it for granted from the allusions in your letter that you are the writer, and from your mentioning an alias have not been surprised at seeing a strange name in the signature. But I have been and am surprised at the familiarity from a man of your years to a man of mine of a mere Christian name.”
It was now Athlyne’s turn to be surprised.
“A Christian name!” he said with a puzzled pucker of his brows. “I am afraid I don’t understand.” Then a light dawning on him he said with a slight laugh: “But that is not my Christian name.”
“Then your surname?” queried the Colonel.
“Nor my surname either.” His laugh was now more pronounced, more boyish.
“Oh I see; still another alias!” The words were bitter; the tone of manifest offence.
Athlyne laughed again; it was not intentional but purely spontaneous. He was recalled to seriousness by the look of pain and apprehension on Joy’s face and by the Colonel’s angry words, given with a look of fury:
“I am not accustomed to be laughed at — and to my face Mr. — Mr. — Mr. Richard Hardy Athlyne et cetera.”
His apology for inopportune mirth was given with contrition — even humbly:
“I ask your pardon, Colonel Ogilvie, very deeply, very, truly. But the fact is that Athlyne is my proper signature, though it is neither Christian name nor surname. I do hope you will attribute my rudeness rather to national habit than to any personal wish to wound. Surely you will see that I would at least be foolish to transgress in such a direction, if it be only that I aim at so much that it is in your power to grant” There was reason in this which there was no resisting. Colonel Ogilvie bowed — he felt that he could do no less. Athlyne wisely said no more; both men regarded the incident as closed.
With Joy it was different. The incident gave her the information she lacked for the completion of the circle of her knowledge. As with a flash she realised the whole secret that this man who had saved her life and whom now her father wanted to kill was none other than the man whose name she had taken — at first in sport and only lately in order to protect herself from troubles of inquisitiveness and scandal. At the moment she was in reality the only one of the three — the only one at all — who had in her hand all the clues. Neither her father nor Athlyne knew that she had given to the maid at the hotel a name other than her own.
She began to have also an unconscious knowledge of something else. Something which she could not define, some intuition of some coming change; something which hinged on her giving of the name. Now, for the first time she realised how dangerous it may be for any one to take the name of any other person — for any purpose whatever, or from any cause. She could not see the end.
But though her brain did not classify the idea her blood did. She blushed so furiously that she had serious thoughts of escaping from the room. Nothing but the danger which might arise from such a step kept her in her place. But something must, she felt, be done. Things were so shaping towards reconciliation that it would be wise to prevent matters slipping back. For an instant she was puzzled as to what to do; then an inspiration came to her. Turning to her father she said:
“Daddy, let us ask the old Sheriff to come in again!” She felt that she could rely on his discretion, and that in his hands things might slide into calmer waters. Her father acquiesced willingly, and a courteous message was sent through a servant
CHAPTER 21
APPLICATION OF LAW
Whilst the servant was gone there was a great clatter of arrival of a motor at the hotel; but all in Athlyne’s room were too deeply concerned with their own affairs to notice it.
Presently there was a light tap at the door, and the Sheriffs “May I come in?” was heard. Colonel Ogilvie went himself to the door and threw it open. Beside the Sheriff stood a lady, heavily clad and with a motor veil.
“Joy! Joy!” said the veiled figure, and Aunt Judy stepping forward took the girl in her arms. In the meantime the Sheriff was explaining the situation:
“I was just coming from my room in obedience to your summons, when this lady entered the hall. She was asking for you, Colonel, and for Miss Ogilvie. as who she had learned at the railway station, was stopping here. I ventured to offer my services, and as she was corning up here, undertook to pilot her.”
Joy was delighted to see Judy. She had so long been accustomed to look with fixed belief on her love and friending that she now expected she would be able to set matters right. Had she had any doubt of her Aunt’s affection such must have soon disappeared in the warmth of the embrace accorded by her. When this was concluded — which was soon for it was short, if strenuous — she turned to Colonel Ogilvie and held out her hand:
“Good morning, Lucius. I see you got here all right. I hope you had a good journey?” Then turning to Athlyne she said, as if in surprise:
“Why, Mr. Hardy, how are you? And how do you come to be here? We thought we were never going to see you again.” Then she rattled on; it was evident to Joy, and to Colonel Ogilvie also, that she was purposeful to baffle comment by flow of her own speech:
“Lucius, you must thank this gentleman who is, as the landlady whispered to me, the Sheriff of somewhere or other. He’s a nice man, but a funny sort of Sheriff.
When I asked him where was his posse he didn’t know what I meant.” Here she was interrupted by the Sheriff who said with a low bow to her “It is enough for any man, dear lady, to be in esse in such a charming presence!” Judy did not comprehend the joke; but she knew, being a woman, that some sort of compliment was intended; and, being a woman, beamed accordingly:
“Thank you, sir, both for your kindness in helping me and for your pretty talk. Joy, I have brought your dressing bag and a fresh rig out. You must need them, poor dear. Now you must tell me all your adventures. I told them to bring the things presently to your room. I shall then come with you whilst you are changing. Now, Mr. Sheriff, we must leave you for a little; but I suppose that as you have to talk business — you told me they had sent for you — you will doubtless prefer to be without us?”
‘Your pardon,” said the Sheriff gracefully. “I hope the time will never come when I shall prefer to be without such charming company!” This was said with such a meaning look, and in such a meaning tone, that Judy coloured. Joy, unseen by the others, smiled at her, rejoicing. The Sheriff, thinking they were moving off, turned to the Colonel saving:
“Now, Colonel Ogilvie, I am at your disposal; likewise such knowledge of law and custom as I possess.” He purposely addressed himself to Colonel Ogilvie, evidently bearing in mind Athlyne’s look of warning to silence regarding himself.
