I went to town every day, and every
night I returned, self-charged with hope; and now
the trial was at hand. When the work of impaneling
the jury was begun, old Conkwright was there with
his challenges. How shrewd he was, how sharp
were his eyes. And when night came the panel was
far from complete.
“It will take a long time at
this rate,” I said, as we were leaving the court-room.
“I don’t care if it takes
a thousand years; they sha’n’t ring in
a stuffed toad on me,” replied the ex-judge.
“Did you notice that fellow with a long neck?
They’ve fixed him all right and I knew it.
I am not altogether easy about that short fellow we’ve
got, but I hope he is man enough to be honest.
There is no more trickery anywhere than there is in
a murder trial in this country. Well, they’ve
put their worst men forward, and I think we shall
have better material to-morrow.”
And it appeared that we had, for the
jury was sworn in the next afternoon. The testimony
was so short and so direct, the witnesses were so
few that the trial could not last long; and when at
home I gave this as an opinion, the old people were
glad, for they declared that it shortened the time
of their son’s absence. On the day set for
the opening of the argument hundreds of the farmers
gave over their work and rode to town, for the Southerner
loves a passionate speech, and the court-house is
still his theater.
The old man walked down the road with
me, but he stopped before we reached the place where
Stuart had been stretched upon the ground.
“Well,” he said, turning
back, “I reckon to-day’ll finish it.
At least they’ll give it to the jury and it
oughten’t to take ’em long after what
the judge says in his charge to ’em. I feel
that it’s goin’ to be all right.
Don’t you?”
The truth was that I did not, but
kindness is not always the truth; so I said:
“Everything looks that way. Conkwright is
as sharp as a thorn and he’ll be in their flesh
from the beginning to the end.”
“By jings, jest say that again.
That ought to settle it right now, hah? Stay
with ’em till they git through, and you’ll
find us waitin’ for you when you git back.”
I nodded, waved my hand at him and
galloped away, and from a hill-top I looked back and
saw him still standing there in the road. Parker
caught up with me and we in turn overtook a man whom
I did not care to encounter Etheredge.
I had seen him every day during the trial, had caught
his blurred eye as I was giving my testimony on the
stand, had heard him tell his damaging story.
“Ho, there,” he said,
as I was about to pass him. “Haven’t
forgotten me, have you?”
“My memory is unfortunately
so good that it retains many objectionable things,”
I answered.
“Glad to hear it; pleased to
know that you haven’t forgotten our little engagement.”
He rode along with me. The way
was just broad enough for two horses abreast, and
the deputy dropped back. “We need not wait
for the termination of the trial,” I replied.
“That so? Strikes me that
you are pretty keen, especially as there is an officer
right behind you. Say, you seem to blame me for
the interest I am taking in this affair. Have
you stopped to think of the interest you are taking
in it? Jucklin’s no relation of yours and
probably never will be. Did you hear what I said?
Probably never will be.”
“Unfortunately I haven’t
an apple tree sprout with me to-day, Mr. Etheredge.”
“And it’s a good thing
for you that you haven’t. Do you reckon
I’d let you lash at me while so many people
are riding along the road?”
“I don’t suppose you would
let me do so at any time if you could help yourself.”
“Oh, I don’t know.
Might let you amuse yourself if there were no one in
sight. But I’ve got nothing against you,
young man. I’ve lived long enough to forgive
an over-grown boy’s impulses.”
He could not have cut me deeper; and
his sleepy old eyes saw the blood and he laughed.
“Got under your hide a little that time, eh?
We’ve all got a thin place somewhere in our
skin, you know. You needn’t look back;
the officer is right behind us.”
“I wish he were not in sight,” I replied.
“You don’t like him, eh?
Why, I always thought, he was a pretty good fellow.
But, of course, I am willing to accept your judgment
of him. But if you don’t like him why do
you wait for him to come up?”
“I am waiting for you to go
on, sir,” I replied. “And if you don’t
I will knock you off that horse.”
“Very well. I see a man
on ahead who is doubtless better company. I trust,
though, that I shall have the pleasure of a closer
association with you at some future time. Good-morning.”
I waited until Parker came up.
“Did you get enough of him?” he asked,
laughing. “I knew you would nearly
everybody does. Under the circumstances it was
an insult for him to offer to ride with you.”
“And he and I will have a trouble
as soon as this one is settled,” I replied.
“Oh, I reckon not. I don’t
see why any man of sense should want to have trouble
with you. Just look how they are flocking to town.
Hope they’ll turn out this way and vote for
me at the next election for sheriff. Women, too.
See them coming out of that gate?”
When we rode into the town the streets
were thronged and horsemen, wagons and buggies were
thick on the public square. The ginger cake and
cider vender was there, with his stand near the court-house
steps, and the neigh of the colt and the distressful
answer of his mother, tied to the rack, echoed throughout
the town. Dogs, meeting one another for the first
time, decided in their knowing way that they were enemies,
but suddenly became allies in a yelping chase after
one of their kind that came down the street with a
tin can tied to his tail.
I went at once to Conkwright’s
office and found him with his feet on a table, contentedly
smoking a cob pipe.
“I was just thinking over some
points that I want to make,” he remarked as
I entered.
“And I hope, sir, that you are
in the proper humor to make them.”
“Can’t tell about that.
Oratory is as stealthy and as illusive as a weazel
at night. You never know when he’s coming.”
“But do you feel well?” I anxiously inquired.
“Oh, feel first-rate, but that
doesn’t make any particular difference.
Sometimes a man may think that he feels well, but when
he gets up to speak he finds that he is simply sluggish.
Reckon I’ll get through all right. Do the
best I can, any way, and if I fail it can’t be
helped. Guess we’d better go over.”
An anxious day that was for me.
I looked at Alf, now beginning to grow pale under
his imprisonment, and I saw his resentment rise and
fall as the state’s attorney pictured him, waiting,
listening with eagerness for the sound of a horse’s
hoofs. I was to be a lawyer, to defend men and
to prosecute them for money, and yet I wondered how
that bright young fellow, with the seeming passion
of an honest outcry, could stand there and tell the
jury that my friend had committed the foulest murder
that had ever reddened the criminal annals of his
state. Old man Conkwright sat, twirling his thumbs,
and occasionally he would nod at the jurymen as if
to call their attention to a rank absurdity. But
I did not see how he could offset the evidence and
the blazing sentences of that impassioned prosecutor.
At last Conkwright’s time had come, and when
he arose and uttered his first word I felt the chill
of a disappointment creeping over me. He was
slow and his utterance was as cold as if it had issued
from a frost-bitten mouth. I went out and walked
round the town, to the livery-stable, where a negro
was humming a tune as he washed a horse’s back;
to the drug-store, where a doctor was dressing a brick-bat
wound in a drunken man’s scalp I walked
out to the edge of the town, where the farming land
lay, and then I turned back. I was thinking of
my return home, of the sorrow that I should take with
me, of those old people of Guinea.
Some one called me, and facing about
I recognized the telegraph operator coming across
a lot. “Glad to see you,” he said,
coming up and holding out his hand. “Didn’t
hear about her, did you?”
“Hear about whom?” I asked,
not pleased that he should have broken in upon my
sorrowful meditation.
“Mrs. McHenry.”
“No, I’ve heard nothing. What about
her?”
“Why, there’s everything
about her. She’s my wife married
night before last. Know that piece of calico
I pointed out that day, the time I said I had to be
mighty careful? Well, she’s it. I’ll
walk on up with you. Run it down run
in panting, you might say. Said I had to have
her and she shied at first, but that didn’t
make any difference, for I was there three times a
day till she saw it wasn’t any use to shy any
longer; so she gave in and I caught the first preacher
that happened to be hanging around and he soon pronounced
us one and the same kind something of the
same sort. Go right down that street and you’ll
see calico on my clothes line most any time.
Say, it will be a pity if they hang that young fellow.
And I’ll tell you what I’ll do. If
they send anything off to any of the newspapers I’ll
spell his name wrong. Get even with them some
way, won’t we? Yonder comes my boy and I
reckon there’s a call for me at the office.
They are rushing me now seems to be the
busy season. I’ve been to the office twice
already to-day.”
Long before I reached the court-house
I heard old Conkwright bellowing at the jury.
The windows were full of people and outside men were
standing upon boxes, straining to see the old fellow
in his mighty tirade. I could not get into the
room, but I squeezed my way to the door and stood
there, with my blood leaping. Now I could see
why they had called him powerful. His face was
aglow, his gray hair was upon end and his eyes were
shooting darts at the jury. I know not how long
he spoke, but I know that suddenly he was silent,
looking upward, and then, spreading his hands over
the jury, said: “May God in his infinite
mercy influence your decision.” He sat
down, and I noticed then that the air was cooler with
a breeze that sprang up when the sun had set.
The state’s attorney made a few remarks, and
then the judge delivered his charge to the jury, an
address short, but earnest. Now there was a shoving
and a crush the jurymen were filing out.
I saw them leading Alf back to the jail, but I did
not go to him, so pulled and hauled I was by hope
and fear. But I made my way to the old lawyer,
and asked him what he thought.
“I don’t know,”
he answered. “Don’t you see the disposition
there is to rush everything? I don’t think
they will be out long.”
“You made a great speech, sir.”
“Wasn’t bad, considering
the material. We were at a disadvantage.
He stood there in the road, you know, and that is
a hard thing to get round.”
“But the judge must have felt your speech.”
“Why, my son, I don’t suppose he heard
it.”
I went away and again I walked about
the town. It was dusk and the tavern bell was
ringing. On the court-house steps and on the public
square men were discussing the trial and venturing
their opinions as to the result. I heard one
man say: “The old soldier made a great fight,
but the odds were against him. Bet ten dollars
they find him guilty.”
“There’s his friend over
there,” another man spoke up. “Don’t
talk so loud.”
“Can’t help who’s
there listening; money’s here talkin’.
Any takers?”
Not far away there was a wooden bridge
over a small stream and thither I went and leaned
upon the rail, listening to the murmur of the water.
I thought that this must be the brook that rippled
past our house, and I went down to the water’s
edge and bathed my aching head. Then I remembered
that I had eaten nothing since early morning, and I
thought that I would better go to the tavern, and
was turning away when I heard some one cry: “The
jury is in and court has met again!” I scrambled
up and hastened toward the court-house, and at the
steps I met a number of men coming out. “It’s
all over,” one of them said to me. “Imprisonment
for life. Conkwright has moved for a new trial
and the judge has granted it.”
I hastened to the jail, whither they
had taken Alf. I found him seated on his bed.
He got up when he saw me.
“Bill,” he said, in a
voice low and steady, “I am not going to the
penitentiary if you are my friend.”
“And you know that I am, Alf.”
“Then you will lend me your knife.”
“No, Alf, I can’t do that not
now. Remember that we have another chance.”
“I don’t mean now I
mean if that last chance fails. Now I want you
to do something for me. You tell father that
he must sell his farm immediately and leave here.
Tell him that I’ll hate him if he doesn’t
do as I say. You can stay here and write to him,
and if I don’t come out at the next trial, all
right, and if I do, I can go to him. It may seem
hard, but he’s got to do it. He wouldn’t
live here, any way. Will you do it?”
“I will, for I don’t know
but it is a good plan. No, he wouldn’t live
here. He will do as you request.”
“Well, go on home now and rest.
Hanged if you don’t look as if you’ve
been on trial for your life,” he added, laughing.
“Tell him that I’m not crushed that
it has come out better than I expected.”
The night was dark, the road was desolate,
and I heard the lonesome lowing of the cattle.
And now and then a horseman passed me, for I was not
eager to get home. At a gate near the road-side
some one was standing with a lantern, and just behind
me came the rattle of an old vehicle. I turned
aside to let it pass, and as I did the light of the
lantern fell upon me and a voice asked: “That
you, Mr. Hawes?”
“Yes,” I answered, turning
back into the road and following a buggy.
“I ’lowed so,” said
a man in the buggy, “for we don’t grow
many of your size about here. I have heard that
they used to, but they don’t now. Good
many things have happened since that day you come over
to see me about the school. I’m Perdue.
And, by the way, there’s a hundred dollars at
my house waitin’ for you, and if you don’t
come after it I’ll send it over.”
“But you don’t owe me anything yet,”
I replied.
“Yes, the money’s there
and it’s yourn. You couldn’t help
not bein’ in a fix to teach. As I say,
it’s there for you, and you might as well have
it. Sorry for the old folks, tell ’em, but
it can’t be helped.”
On he drove, shouting back that he
would send the money the next day, and my protest,
if, indeed, I entered one, was weak and faltering,
for of all men in that neighborhood I thought that
I stood most in need of a hundred dollars.
Now I was nearing the house.
The hour was late, but a light was burning in the
sitting-room. No one came out, though my horse’s
hoofs fell hard enough upon the stones to tell them
of my coming; and when I got down at the gate I found
a horse tied to the fence. Some person, eager
to bear evil tidings, had forestalled me. I led
my horse to the stable, went to the house, and had
just stepped into the passage when Parker, the deputy
sheriff, came out of the sitting-room. “I
thought you’d go on back to the jail to stay
a while, so I came on over to tell them. No trouble,
you know only a short distance out of my
way.”
All within was silent. I stepped
inside. The old man was standing with his back
to the fire-place; the old woman sat with her book
in her lap and Guinea stood at the window, looking
out into the darkness. I sat down in silence,
for I knew not what to say, and in silence for a time
we remained. The old woman sobbed, clutching more
tightly her book, and the old man looked at her sharply
and then almost flung himself out of the room.
And a few moments later I heard him shouting:
“Hike, there, Sam! Hike, there, Bob!
There’s plenty of light; you’ve got three
lanterns. Hike, there! To a finish, to a
finish!”
“Mrs. Jucklin, it is no time
for despair,” I said, and Guinea turned from
the window. “We have already secured a new
trial, and the next time it will surely go in our
favor. That is the history of nearly all such
cases. Be strong just a little while longer.
You have been our prop, and now you must not let us
fall.”
She arose and with an old-time courtesy
bowed to me, and Guinea came forward and held out
her hand, and she must have seen a sudden light leap
into my eyes, for she said: “I am Alf’s
sister and yours, too.”
This came as a repulse to my heart’s
eager yearning; no sister’s confidences could
answer the call that my nature was shouting to her.
But I gulped down a rising soreness of the heart and
I said: “I thank you.”
The old man, with heavy tread, strode
into the room. “It was to a finish,”
he whispered. His hands were covered with blood.
“It was to a finish, and they are both dead.”
There was a sharp rap at the door.
Guinea opened it and in came the old General.
“Mr. Jucklin, can I speak to you in private?”
he asked, bowing to the women.
“No. What you’ve got to say, out
with it here.”
“I would rather say it in private.
Why, what’s the matter with your hands?”
“It was to a finish, sir, and
let what you say be to a finish, even if it is three
times as bloody.”
“Oh, I have come out of no hard
feelings, sir. Ladies, would you and our friend,
Mr. Hawes, mind retiring?”
“They are goin’ to stay
here, sir,” the old man replied, rolling up his
sleeves.
“All right, just as you will,
sir. Mr. Jucklin, years ago we entered into an
arrangement ”
“And I have cursed myself ever
since!” the old man exclaimed.
“Just wait until I get through,
if you please. We entered into an arrangement,
prompted by a boy’s fancy and warmed by a father’s
over indulgence. I know that this is a sore time
to come to you, and I don’t want to appear unkind,
for my aim is tender, though my determination is just.
Young hearts may whisper to each other, and that whispering
may be music, sir; but in this life there are duties
too stern to be melted and turned aside by a melody.
And, sir, one of the most sacred duties that can fall
to the trust of a man is to see that the family name,
which is to survive after he has folded his hands
in eternal stillness pardon my devious
methods, for I assure you that my windings proceed
from a kindness of heart I say that my
duty now is to those who may bear my name in the future.
I trust that I am now sufficiently started to speak
plainly. I don’t doubt the real worth and
sterling integrity of your stock, Mr. Jucklin, but
an agreement that we once made must be set aside.”
He stood with his broad hat in his
hand and out of it he grabbled a handkerchief and
wiped his face. Old Lim gazed steadily at him.
“My words sound cold and formal,” the
General continued, “and I wish that they might
be warmer and more at ease, but in vain have I tempered
with them. The short of it all is, and I have
striven not to say it bluntly is that the
engagement which has held us in prospective relationship
is hereby broken; but by this I do not mean that your
son is guilty of murder, for in his heart he may see
himself justified, but a decision of court has and
I wish I could find a softer means of saying it court
has pronounced him guilty, and that places the marriage
out of the question. Bear with me just a moment
more, for I assure you that I am suffering keenly
with you, that my heart is in sorrowful unison with
your own. Family pride may be regarded a hobby
in this day when refinement and respectability are
sneered at, but it is a virtuous hobby, and I have
held it so long that I cannot put it down. And
now, in so far as there is any question of a financial
obligation, we will turn our backs upon it and forget
that it ever existed.”
He put his handkerchief into his hat,
changed his hat to his other hand and stood looking
at Jucklin; and I had expected to see the old man leap
off the floor in a rage, but I cannot recall ever having
seen a cooler show of indifference. “I
put gaffs on ’em early this mornin’ an’
kept ‘em waitin’ for the finish, and when
it come it come soon,” he said.
“Mr. Jucklin, I had hoped to
make myself sufficiently clear. I have come,
sir, to break the engagement that was foolishly arranged
by us to bind your daughter and my son.”
“Bob died first, but Sam could
jest stagger, and he fluttered against me and covered
my hands with his blood; and I must apologize for not
washin’ ’em, but it is not too late to
make some sort of amends. I will wipe ’em
on your jaws, sir!”
He sprang forward, but I caught him.
“You must be perfectly cool and perfectly sensible,
Mr. Jucklin,” I said, as quickly as I could,
holding him. “Remember that he is in your
house.”
And this quieted him. Even the
most pronounced backwoodsman in the South is sometimes
graced with a sudden and almost marvelous courtesy,
the unconscious revival of a long lost dignity; and
this came upon the old man, and, bowing low, he said:
“I humbly beg your pardon, sir.”
“And I should be a brute not
to grant it,” the General replied, bowing in
turn. “But I hope that reason rather than
the fact of my being under your roof will govern your
conduct.”
During this time, and, indeed, from
the moment when the General had entered the room,
Guinea stood beside the rocking-chair in which her
mother was seated; no change had come over her countenance,
but with one hand resting on the back of the chair
she had remained motionless, with the exception that
she placed her hand on her mother’s head at the
moment when I caught the old man in my arms. I
saw this, though her motion was swift, for I was looking
at her rather than at her father. And now the
General turned to the girl.
“My dear,” he said.
She frowned slightly, but her lips parted with a cold
smile that came out of her heart.
“My dear child, it is hard for
me to say this to you, for I feel that you can but
regard me a feelingless monster that would rend an
innocent and loving heart, and God knows that I now
beg your forgiveness, but in this life cruel things
must be done, done that those who come after us may
feel no sting of reproach cast by an exacting society.
I am an old man, my dear, and shall soon be taken
to the burial ground where my fathers sleep in honor.
They left me a proud name and I must not soil it.
The oldest stone there is above a breast that braved
old Cromwell’s pikemen the noble
heart of a cavalier beat in that bosom and
can you ask ”
“I have asked nothing, General.”
“You are a noble young woman.”
“But your son will come to me and kneel at my
feet.”
A flush flew over the General’s
face. “No, it is with his full consent
that I have come. Indeed, I would have put off
my coming until a more befitting day, but he knew
his duty and bade me do mine.”
“He will kneel at my feet,”
she said; and he had not replied when we heard footsteps
in the passage wild footsteps. There
was a moment of sharp clicking at the door latch,
as if a nervous hand had touched it, and then Millie
broke into the room. Her face was white, her hair
hung about her shoulders.
“You have kept me away!”
she cried, stamping her feet and frowning at her father.
“Yes, you have kept me away, but I have come
and I hate you.”
The old General was stupefied.
“You may tell your cold-blooded son what to
do,” she went on, “but my heart is my own.
He asked me to marry him and I will I will
break into the penitentiary and marry him. And
you would have had me marry Dan Stuart. Just
before he was killed he told me he would kill Alf
if I said I loved him. I will go to the jail and
marry him there.”
She ran to Guinea, and they put their
arms about each other and wept; and the old woman
pressed her book to her bosom and sobbed over it.
Through old Lim’s wire-like beard a smile, hard
and cynical, was creeping out, and the General was
fiercely struggling with himself. He had bitten
his lip until his mouth was reddening with blood.
“Come, you are going home with me,” he
said.
“I am not!” his daughter
cried, with her arms tight about Guinea. “I
am not; I am going to the jail.”
“Then I will take you home.”
“Don’t touch me!”
she cried, shrinking back into a corner. “Don’t
touch me, for I am almost mad. What do I care
for your pride? What do I care for the old graveyard?
You have tried to break my heart, but I will marry
him. He is worth ten thousand such men as your
cold-blooded son. Don’t you touch me, father.
Mr. Hawes!” she screamed, “don’t
let him touch me.”
The old General had stepped forward
as if to lay hands upon her, but he stepped back,
bowed and said: “You are a lady and I am
a gentleman, and these facts protect you from violence
at my hands, but I here denounce you no,
I don’t, my daughter. I cannot denounce
my own flesh and blood. I will leave you here
to-night, hoping that when this fit of passion is
over reason will lead you home. Good-night.”