Fortescue took his way somehow to Chicago. Douglas and I traveled together. The first thing that Douglas sought to do was to look into the evidence as to the murder of Zoe, and this with reference to Fortescue’s possible part in it. To this end Douglas sought the assistance of Mr. Williams. Though he kept a law office, his larger interests were real estate dealings. But he dropped everything to assist Douglas and me in arriving at the truth. We went to the jail and saw the half-breed who was charged with killing Zoe. The state’s attorney had the half-breed’s confession. Though he was half insane from drink when he did the deed, the prosecutor intended to ask for the death penalty. He was a half-breed!
We intended to look up the witnesses, to learn from them the circumstances which attended the murder. The prosecutor, however, was disinclined to let us do this, and refused to give us their names. He stood on a matter of pride that he had the case in hand himself and had procured the confession. Douglas seemed to think it was unnecessary to pursue the matter, and that was Mr. Williams’ attitude. In the hurry of these hours, dinner time having arrived too, we got into a haze—at least I did—about getting anything more definite. Douglas thought that the real question was the common-law marriage. If I wanted to prosecute Fortescue for the murder I could do it any time. In the meanwhile Fortescue would have to prove the marriage in order to derive any benefit from Zoe’s death.
We asked Fortescue what evidence he had of this marriage. “For one thing this,” he said, bringing forth a ring which had the words, “to my husband Henry from Zoe” and the date engraved in it. Douglas wished Fortescue to produce the witnesses who were present at the marriage. This Fortescue refused to do. He became suddenly stubborn, almost sullen. In a bold way he said to us: “If you are not satisfied with this, I’ll prove my case.” “You will have to do that anyway,” said Douglas, “and perhaps as this matter goes on you will not be so confident.” Saying that he would come to Jacksonville with his proofs Fortescue left us and disappeared.
Then Douglas turned to the talk of politics with his friends. Mr. Williams went to his office. I was left alone. Had we accomplished anything? I went back to see the state’s attorney by myself, and asked him if he did not suspect Fortescue. The state’s attorney said that the case was perfectly clear against the half-breed; that my only interest in the matter was the marriage and to go back and defend that if I chose, though he felt sure that Fortescue would amply prove that he had married Zoe. I dropped the whole thing and called upon Abigail.