Part 6

All through the short changeable winter, with its alternate days of snow flurrying and sunshine, Emmy Hardin and Miss Puss Whitley, a crushed forlorn pair, together minded the stall on the market, accepting gratefully the silent sympathy that some offered them, and the awkward words of good cheer from others. Miss Puss put a mortgage of five hundred dollars on her little place out in the edge of town. With the money she hired Dabney Prentiss, the most silvery tongued orator of all the silver tongues at the county bar, to defend her nephew. And every day, when market hours were over, in rain or snow or shine, the two women would drive in their truck wagon up to the county jail to sit with young Jim and to stay with him in his cell until dark.

Spring came earlier than common that year. The robins came back from the Gulf in February on the tail of a wet warm thaw. The fruit trees bloomed in March and by the beginning of April everything was a vivid green and all the trees were clumped with new leaves. Court opened on the first Monday.

On the Sunday night before the first Monday, Judge Priest sat on his porch as the dusk came on, laving his spirits in the balm of the young spring night. In the grass below the steps the bull-cricket that wintered under Judge Priest's front steps was tuning his fairy-fiddle at regular, half-minute intervals. Bull bats on the quest for incautious gnats and midges were flickering overhead, showing white patches on the tinder sides of their long wings. A flying squirrel, the only night-rider of the whole squirrel tribe, flipped out of his hole in a honey locust tree, and cocked his head high, and then he spread the furry gray membranes along his sides and sailed in a graceful, downward swoop to the butt of a silver leaf poplar, fifty feet away, where he clung against the smooth bark so closely and so flatly he looked like a little pelt stretched and nailed up there to dry.

The front gate clicked and creaked. The flying squirrel flipped around to the safe side of his tree and fled upward to the shelter of the branches, like a little gray shadow, and Judge Priest, looking down the aisle of shady trees, saw two women coming up the walk toward him, their feet crunching slowly on the gravel. He laid his pipe aside and pulled chairs forward for his callers, whoever they might be. They were right up to the steps before he made them out--Miss Puss Whitley and little Emmy Hardin.

“Howdy do, ladies,” said the old Judge with his homely courtesy. “Howdy, Miss Puss? Emmy, child, how are you? Come in and set down and rest yourselves.”

But for these two, this was no time for the small civilities. The weight of trouble at their hearts knocked for utterance at their lips. Or, at least, it was so with the old aunt.

“Jedge Priest,” she began, with a desperate, driven eagerness, “we've come here tonight to speak in private with you about my boy--about Jimmy.”

In the darkness they could not see that the old Judge's plump figure was stiffening.

“Did Mister Dabney Prentiss--did anyone, send you here to see me on this business?” he asked, quickly.

“No, suh, nobody a'tall,” answered the old woman. “We jest came on our own accord--we felt like as if we jest had to come and see you. Court opens in the momin' and Jimmy's case, as you know, comes up the first thing. And oh, Jedge Priest, we air in so much trouble, Emmy and me--and you've got the name of bein' kind hearted to them that's borne down and in distress--and so we come to you.”

He raised his hand, as though to break in on her, but the old woman was not to be stopped. She was pouring out the grievous burden of her lament:

“Jedge Priest, you knowed my husband when he was alive, and you've knowed me these many years. And you know how it was in them old days that's gone that the Flemings was forever and a day fightin' with my people and forcin' trouble on 'em 'till finally they hunted 'em plum' out of the county and out of the State, away from the places where they was born and raised. And you know Jimmy too, and know what a hard time he had growin' up, and how he's always stood by me and helped me out, jest the same as if he was my own son. And I reckin you know about him--and Emmy here.”

She broke off to wipe her eyes. Had it been a man who came on such an errand the Judge would have sent him packing--he would have been at no loss to put his exact meaning into exact language; for the Judge held his place on the bench in a high and scriptural regard. But here, in the presence of these two woeful figures, their faces drenched and steeped with sorrow, he hesitated, trying to choose words that would not bruise their wounds.

“Miss Puss,” he said very softly, almost as though he were speaking to a child, “whatever my private feelin's may be towards you and yours, it is not proper for me as the Judge upon the bench, to express them in advance of the trial. It is my sworn duty to enforce the law, as it is written and laid down in the books. And the law is merciful, and is just to all.”

The old woman's angular, slatty figure straightened. In the falling light her pinched and withered face showed, a white patch with deep grayish creases in it, the color of snow in a quick thaw.

“The law!” she flared out, “the law, you say, Jedge. Well, you kin talk mighty big about the law, but what kind of a law is that that lets a fightin', swearin', drunken bully like Ranee Fleming plague a poor boy and call him out of his name with vile words and shame him before this child here, and yit not do nothin' to him for it? And what kind of a law is it that'll send my boy up yonder to that there penitentiary and wreck his life and Emmy's life and leave me here alone in my old age, ashamed to lift my head amongst my neighbors ever again?”

“Madame,” said the Judge with all kindliness in his tone, “it's not for me to discuss these matters with you, now. It's not even proper that I should let you say these things to me.”

“Oh, but Jedge,” she said, “you must listen to me, please. You oughter know the truth and there ain't no way for you to know it without I tell it to you. Jimmy didn't want no quarrel with that man--it wasn't never none of his choosin'. He tried not to bear no grudge for what had gone before--he jest craved to be let alone and not be pestered. Why, when Ranee Fleming cussed him that first time, last Fall, he come home to me cryin' like his heart would break. He said he'd been insulted and that he'd have to take it up and fight it out with Ranee Fleming; he felt like he just had to. But we begged him on our bended knees mighty nigh, me and Emmy did, not to do nothin' for our sakes--and for our sakes he promised to let it go, and say nothin'. Even after that, if Ranee Fleming had just let him be, all this turrible trouble wouldn't a-come on us. But Ranee Fleming he come back again and slapped Jimmy's face, and Jimmy knowed then that sooner or later he'd have to kill Ranee Fleming or be killed his-self--there wasn't no other way out of it for him.

“Jedge Priest, he's been the best prop a lone woman ever had to lean on--he's been like a son to me. My own son couldn't a-been more faithful or more lovin. I jest ask you to bear all these things in mind tomorrow.”

“I will, Madame,” said the old Judge, rather huskily. “I promise you I will. Your nephew shall have a fair trial and all his rights shall be safe-guarded. But that is all I can say to you now.”

Emmy Hardin, who hadn't spoken at all, plucked her by the arm and sought to lead her away. Shaking her head, the old woman turned away from the steps.

“Jest one minute, please, Miss Puss,” said Judge Priest, “I'd like to ask you a question, and I don't want you to think I'm pryin' into your private and personal affairs; but is it true what I hear--that you've mortgaged your home place to raise the money for this boy's defense?”

“I ain't begredgin' the money,” she protested. “It ain't the thought of that, that brought me here tonight. I'd work my fingers to the bone if 'twould help Jimmy any, and so would Emmy here. We'd both of us be willin' and ready to go to the porehouse and live and die there if it would do him any good.”

“I feel sure of that,” repeated the old Judge patiently, “but is it true about this mortgage?”

“Yes, suh,” she answered, and then she began to cry again, “it's true, but please don't even let Jimmy know. He thinks I had the money saved up from the marketin' to hire Mr. Prentiss with, and I don't never want him to know the truth. No matter how his case goes I don't never want him to know.” They had moved off down the gravel walk perhaps twenty feet, when suddenly the smouldering feud-hate stirred in the old woman's blood; and it spread through her and made her meager frame quiver as if with an ague. And now the words came from her with a hiss of feeling:

“Jedge Priest, that plague-taken scoundrel deserved killin'! He was black hearted from the day he came into the world and black hearted he went out of it. You don't remember, maybe--you was off soldierin' at the time--when he was jayhawkin' back and forth along the State line here, burnin' folks' houses down over their heads and mistreatin' the wimmin and children of them that was away in the army. I tell you, durin' that last year before you all got back home, there was soldiers out after him--out with guns in their hands and orders to shoot him down on sight, like a sheep-killin' dog. He didn't have no right to live!”

The girl got her quieted somehow; she was sobbing brokenly as they went away. For a long five minutes after the gate clicked behind the forlorn pair, Judge Priest stood on his porch in the attitude of one who had been pulled up short by the stirring of a memory of a long forgotten thing. After a bit he reached for his hat and closed the front door. He waddled heavily down the steps and disappeared in the aisle of the maples and silver leaf trees.

Half an hour later, clear over on the other side of town, two windows of the old court house flashed up as rectangles of light, set into a block of opaque blackness. Passers by idling homeward under the shade trees of the Square, wondered why the lights should be burning in the Judge's chambers. Had any one of them been moved to investigate the whys and wherefores of this phenomenon he would have discovered the Judge at his desk, with his steel bowed spectacles balanced precariously on the tip of his pudgy nose and his round old face pulled into a pucker of intenseness as he dug through one sheaf after another of musty, snuffy-smelling documents. The broad top of the desk in front of him was piled with windrows of these ancient papers, that were gray along their creases with the pigeonhole dust of years, and seamy and buffed with age. Set in the wall behind him was a vault and the door of the vault was open, and within was a gap of emptiness on an upper shelf, which showed where all these papers had come from; and for further proof that they were matters of court record there was a litter of many crumbly manila envelopes bearing inscriptions of faded ink, scattered about over the desk top, and on the floor where they had fallen.

For a good long time the old Judge rummaged briskly, pawing into the heaps in front of him and snorting briskly as the dust rose and tickled his nostrils. Eventually he restored most of the papers to their proper wrappers and replaced them in the vault, and then he began consulting divers books out of his law library--ponderous volumes, bound in faded calf skin with splotches of brown, like liverspots, on their covers. It was nearly midnight before he finished. He got up creakily, and reaching on tiptoe--an exertion which created a distinct hiatus of inches between the bottom of his wrinkled vest and the waistband of his trousers--he turned out the gas jets. Instantly the old courthouse, sitting among the trees, became a solid black mass. He felt his way out into the hallway, barking his shins on a chair, and grunting softly to himself.

When young Jim Faxon's case was called the next morning and the jailor brought him in, Jim wore hand-cuffs. At the term of court before this, a negro cow thief had got away coming across the court house yard and the Judge had issued orders to the jailor to use all due precautions in future. So the jailor, showing no favoritism, had seen fit to handcuff young Jim. Moreover, he forgot to bring along the key to the irons and while he was hurrying back to the jail to find it, young Jim had to wait between his women folk, with his bonds still fast upon him. Emmy Hardin bent forward and put her small hands over the steel, as though to hide the shameful sight of it from the eyes of the crowd and she kept her hands there until Jailor Watts came back and freed Jim. The little group of three sitting in a row inside the rail, just back of Lawyer Dabney Prentiss' erect and frock-coated back, were all silent and all pale-faced, young Jim with the pallor of the jail and Emmy Hardin with the whiteness of her grief and her terror, but the old aunt's face was a streaky, grayish white, and the wrinkles in her face and in her thin, corded neck looked inches deep.

Right away the case was called and both sides--defense and commonwealth--announced as ready to proceed to trial. The audience squared forward to watch the picking of the jurors, but there were never to be any jurors picked for the trial of this particular case.

For Judge Priest had readied the point where he couldn't hold in any longer. He cleared his throat and then he spoke, using the careful English he always used on the bench--and never anywhere else.

“Before we proceed,” he began, and his tone told plainly enough that what he meant to say now would be well worth the hearing, “before we proceed, the court has something to say, which will have a direct bearing upon the present issue.” He glanced about him silently, commanding quiet. “The defendant at the bar stands charged with the death of one Ransom Fleming and he is produced here to answer that charge.”

From the desk he lifted a time-yellowed, legal-looking paper, folded flat; he shucked it open with his thumb. “It appears, from the records, that in the month of February and of the year 1865, the said Ransom Fleming, now deceased, was a fugitive from justice, going at large and charged with divers and sundry felonious acts, to wit, the crime of arson and the crime of felonious assault with intent to kill, and the crime of confederating with others not named, to destroy the property of persons resident in the State of Kentucky. It appears further that a disorganized condition of the civil government existed, the State being overrun with stragglers and deserters from both armies then engaged in civil war, and therefore, because of the inability or the failure of the duly constituted authorities to bring to justice the person charged with these lawless and criminal acts, the Governor of this State did offer a reward of $500 for the apprehension of Ransom Fleming, dead or alive.”

Now, for sure, the crowd knew something pregnant with meaning for the prisoner at the bar was coming--knew it without knowing yet what shape it would assume. Heads came forward row by row and necks were craned eagerly.

“I hold here in my hand an official copy of the proclamation issued by the Governor of the State,” continued Judge Priest. “Under its terms this reward was open to citizens and to officers of the law alike. All law-abiding persons were in fact urged to join in ridding the commonwealth of this man. He stood outside the pale of the law, without claim upon or right to its protection.

“It would appear further,”--the old Judge's whiny voice was rising now--“that this proclamation was never withdrawn, although with the passage of years it may have been forgotten. Under a strict construction of the law of the land and of the commonwealth, it may be held to have remained in force up to and including the date of the death of the said Ransom Fleming. It accordingly devolves upon this court, of its own motion, to set aside the indictment against the defendant at the bar and to declare him free--”

For the time being His Honor got no further than that. Even the stupidest listener there knew now what had come to pass--knew that Judge Priest had found the way to liberty for young Jim Faxon. Cheering broke out--loud, exultant cheering and the stamping of many feet. Persons outside, on the square and in the street, might have been excused for thinking that a dignified and orderly session of court had suddenly turned into a public rally--a ratification meeting. Most of those actually present were too busy venting their own personal satisfaction to notice that young Jim was holding his sweetheart and his aunt in his arms; and there was too much noise going on round about them for any one to hear the panted hallelujahs of joy and relief that poured from the lips of the young woman and the old one.

The Judge pounded for order with his gavel, pounding long and hard, before the uproar simmered down into a seething and boiling of confused, excited murmurings.

“Mister Sheriff,” he ordered, with a seeming sternness which by no means matched the look on his face, “keep order in this court! If any further disorder occurs here you will arrest the offenders and arraign them for contempt.”

The sheriff's bushy eyebrows expressed bewilderment. When it came to arresting a whole court house full of people, even so vigilant and earnest-minded an official as Sheriff Giles Bindsong hardly knew where to start in. Nevertheless he made answer promptly.

“Yes, suh, Your Honor,” he promised, “I will.”

“As I was saying when this interruption occurred,” went on the Judge, “it now devolves upon the court to discharge the defendant at the bar from custody and to declare him entitled to the reward of $500 placed upon the head of the late Ransom Fleming by the Governor of Kentucky in the year 1865--” Young Jim Faxon with his arms still around the heaving shoulders of the women, threw his head up:

“No Judge, please, sir, I couldn't touch that money--not that”--he began, but Judge Priest halted him:

“The late defendant not being of legal age, the court rules that this reward when collected may be turned over to his legal guardian. It may be that she will find a good and proper use to which this sum of money may be put.” This time, the cheering, if anything, was louder even than it had been before; but when the puzzled sheriff looked around for instructions regarding the proper course of procedure in such an emergency, the judge on the bench was otherwise engaged. The judge on the bench was exchanging handshakes of an openly congratulatory nature with the members of the county bar headed by Attorney for the Defense, Dabney Prentiss.

IV. A JUDGMENT COME TO DANIEL

THE sidewheel packet Belle of Memphis landed at the wharf, and the personal manager of Daniel the Mystic came up the gravel levee with a darky behind him toting his valises. That afternoon all of the regular town hacks were in use for a Masonic funeral, or he could have ridden up in solitary pomp. You felt on first seeing him that he was the kind of person who would naturally prefer to ride.

He was a large man and, to look at, very impressive. On either lapel of his coat he wore a splendid glittering golden emblem. One was a design of a gold ax and the other was an Indian's head. His watch-charm was made of two animal claws--a tiger's claws I know now they must have been--jointed together at their butts by a broad gold band to form a downward-dropping crescent. On the middle finger of his right hand was a large solitaire ring, the stone being supported by golden eagles with their wings interwoven. His vest was the most magnificent as to colors and pattern that I ever saw. The only other vest that to my mind would in any way compare with it I saw years later, worn by the advance agent of a trained dog and pony show.

From our perch on the whittled railings of the boat-store porch we viewed his advent into our town. Steamboats always brought us to the river front if there was no business more pressing on hand, and particularly the Belle of Memphis brought us, because she was a regular sidewheeler with a double texas, and rising suns painted on her paddle boxes, and a pair of enormous gilded buckhorns nailed over her pilot house to show she held the speed record of the White Collar Line. A big, red, sheet-iron spread-eagle was swung between her stacks, and the tops of the stacks were painted red and cut into sharp points like spearheads. She had a string band aboard that came out on the guards and played Suwannee River when she was landing and Goodby, My Lover, Goodby when she pulled out, and her head mate had the loudest swearing voice on the river and, as everybody knew, would as soon kill you as look at you, and maybe sooner.

The Belle was not to be compared with any of our little stem wheel local packets. Even her two mud clerks, let alone her captain and her pilots, wore uniforms; and she came all the way from Cincinnati and ran clean through to New Orleans, clearing our wharf of the cotton and tobacco and the sacked ginseng and peanuts and such commonplace things, and leaving behind in their stead all manner of interesting objects in crates and barrels. Once she brought a whole gipsy caravan--the Stanley family it was called--men, women and children, dogs, horses, wagons and all, a regular circus procession of them.

She was due Tuesdays, but generally didn't get in until Wednesdays, and old Captain Rawlings would be the first to see her smoke coiling in a hazy smudge over Livingston Point and say the Belle was coming. Captain Rawlings had an uncanny knack of knowing all the boats by their smokes. The news would spread, and by the time she passed the Lower Towhead and was quartering across and running down past town, so she could turn and land upstream, there would be a lot of pleasurable excitement on the wharf. The black draymen standing erect on their two-wheeled craft, like Roman chariot racers, would whirl their mules down the levee at a perilous gallop, scattering the gravel every which way, and our leisure class--boys and darkies--and a good many of the business men, would come down to the foot of Main Street to see her land and watch the rousters swarm off ahead of the bellowing mates and eat up the freight piles. One trip she even had white rousters, which was an event to be remembered and talked about afterward. They were grimy foreigners, who chattered in an outlandish tongue instead of chanting at their work as regular rousters did.

This time when the Belle of Memphis came and the personal manager of Daniel the Mystic came up the levee, half a dozen of us were there and saw him coming. We ran down the porch steps and trailed him at a respectful distance, opinion being acutely divided among us as to what he might be. He was associated with the great outer world of amusement and entertainment; we knew that by the circumstances of his apparel and his jewels and high hat and all, even if his whole bearing had not advertised his calling as with banners. Therefore, we speculated freely as we trailed him. He couldn't be the man who owned the Eugene Robinson Floating Palace, because the Floating Palace had paid its annual visit months before and by now must be away down past the Lower Bends in the bayou country. Likewise, the man who came in advance of the circus always arrived by rail with a yellow car full of circus bills and many talented artists in white overalls. I remember I decided that he must have something to do with a minstrel show--Beach & Bowers' maybe, or Thatcher, Primrose & West's.