Part 7

Ananias did not understand at first, but when the matter was made plain to him he said he could get a lawyer. Whereupon he walked over to where Mr. Terrell sat immersed in his big books, and touched him on the shoulder. The lawyer looked up.

“I’m name’ Ananias, suh,” said the negro.

“I remember you,” said Mr. Terrell. “What are you doing here?”

“Dey got me up fer my trial, suh, en I ’ain’t got nobody fer ter speak de word fer me, suh, en I ’low’d maybe—”

Ananias paused. He knew not what else to say. He had no sort of claim on this man. He saw everybody around him laughing. The great lawyer himself smiled as he twirled his eye-glasses on his fingers. Ananias was embarrassed.

“You want me to speak the word?” said Mr. Terrell.

“Yes, suh, if you please, suh.”

“You need not trouble yourself, Mr. Terrell,” said the judge, affably. “I was about to appoint counsel.”

“May it please your honor,” said Mr. Terrell, rising. “I will defend this boy. I know nothing whatever of the case, but I happen to know something of the negro.”

There was quite a little stir in the court-room at this announcement. The loafers outside the railings of the bar, who had seen Ananias every day for a good many years, leaned forward to take another look at him. The lawyers inside the bar also seemed to be interested in the matter. Some thought that the great lawyer had taken the negro’s case by way of a joke, and they promised themselves a good deal of enjoyment, for it is not every day that a prominent man is seen at play. Others knew not what to think; so that between those who regarded it as a practical joke and those who thought that Mr. Terrell might be in a serious mood, the affair caused quite a sensation.

“May it please the court,” said Mr. Terrell, his firm voice penetrating to every part of the large room, “I know nothing of this case; therefore I will ask half an hour’s delay to look over the papers and to consult with my client.”

“Certainly,” said the judge, pleasantly. “Mr. Sheriff, take the prisoner to the Grand Jury room, so that he may consult with his counsel.”

The sheriff locked the prisoner and the lawyer in the Grand Jury room, and left his deputy there to open the door when Mr. Terrell announced that the conference was over. In the mean time the court proceeded with other business. Cases were settled, dismissed, or postponed. A couple of young lawyers fell into a tumultuous wrangle over an immaterial point, which the judge disposed of with a wave of his hand.

In the Grand Jury room Ananias was telling his volunteer counsel a strange tale.

IV.

“And do you mean to tell me that you really stole these things from Jones?” said Mr. Terrell, after he had talked a little with his client.

“Well, suh,” replied Ananias, unabashed, “I didn’t zackly steal um, suh, but I tuck um; I des tuck um, suh.”

“What call had you to steal from Jones? Weren’t you working for Colonel Flewellen? Didn’t he feed you?” inquired the lawyer. Ananias shifted about from one foot to the other, and whipped his legs with his shabby hat, which he held in his hand. Lawyer Terrell, seated in a comfortable chair, and thoroughly at his ease, regarded the negro curiously. There appeared to be a pathetic element even in Ananias’s manner.

“Well, suh,” he said, after a while, seeing that he could not escape from the confession, “ef I hadn’t a-tuck dem things fum Marse Wash Jones, my Marster en my young mistiss would ’a’ sot dar en bodaciously starve deyse’f ter deff. I done seed dat, suh. Dey wuz too proud ter tell folks dey wuz dat bad off, suh, en dey’d ’a sot dar, en des bodaciously starve deyse’f ter deff, suh. All dey lifetime, suh, dey bin use ter havin’ deir vittles put right on de table whar dey kin git it, en w’en de farmin’ days done gone, suh, dey wa’n’t nobody but Ananias fer put de vittles dar; en I des hatter scuffle ’roun’ en git it de bes’ way I kin. I ’spec’, suh,” Ananias went on, his countenance brightening up a little, “dat ef de wuss had a-come ter de wuss, I’d ’a’ stole de vittles; but I ’ain’t had ter steal it, suh; I des went en tuck it fum Marse Wash Jones, kaze it come off’n Marster’s lan’, suh.”

“Why, the land belongs to Jones,” said Lawyer Terrell.

“Dat w’at dey say, suh; but eve’y foot er dat lan’ b’longded ter de Flewellen fambly long ’fo’ Marse Wash Jones’ daddy sot up a hat-shop in de neighborhoods. I dunner how Marse Wash git dat lan’, suh; I know it b’longded in de Flewellen fambly sence ’way back, en dey got deir graveyard dar yit.”

Lawyer Terrell’s unusually stern face softened a little. He saw that Ananias was in earnest, and his sympathies were aroused. He had some further conversation with the negro, questioning him in regard to a great many things that assumed importance in the trial.

When Lawyer Terrell and his client returned to the court-room they found it filled with spectators. Somehow, it became generally known that the great advocate was to defend Ananias, and a large crowd of people had assembled to watch developments. In some way the progress of Ananias and the deputy-sheriff through the crowd that filled all the aisles and doorways had been delayed; but when the negro, forlorn and wretched-looking, made his appearance in the bar for the purpose of taking a seat by his counsel, there was a general laugh. Instantly Lawyer Terrell was upon his feet.

“May it please your honor, what _is_ the duty of the sheriff of this county, if it is not to keep order in this court-room?”

The ponderous staff of the sheriff came down on the floor with a thump; but it was unnecessary. Silence had fallen on the spectators with the first words of the lawyer. The crowd knew that he was a game man, and they admired him for it. His whole attitude, as he gazed at the people around him, showed that he was full of fight. His heavy blond hair, swept back from his high forehead, looked like the mane of a lion, and his steel-gray eyes glittered under his shaggy and frowning brows.

The case of the State _versus_ Ananias Flewellen, _alias_ Ananias Harper—a name he had taken since freedom—was called in due form. It was observed that Lawyer Terrell was very particular to strike certain names from the jury list, but this gave no clue to the line of his defense. The first witness was Mr. Washington Jones, who detailed, as well as he knew how, the circumstances of the various robberies of which he had been the victim. He had suspected Ananias, but had not made his suspicions known until he was sure,—until he had caught him stealing sweet-potatoes.

The cross-examination of the witness by Ananias’s counsel was severe. The fact was gradually developed that Mr. Jones caught the negro stealing potatoes at night; that the night was dark and cloudy; that he did not actually catch the negro, but saw him; that he did not really see the negro clearly, but knew “in reason” that it must be Ananias.

The fact was also developed that Mr. Jones was not alone when he saw Ananias, but was accompanied by Mr. Miles Cottingham, a small farmer in the neighborhood, who was well known all over the county as a man of undoubted veracity and of the strictest integrity.

At this point Lawyer Terrell, who had been facing Mr. Jones with severity painted on his countenance, seemed suddenly to recover his temper. He turned to the listening crowd, and said, in his blandest tones, “Is Mr. Miles Cottingham in the room?”

There was a pause, and then a small boy perched in one of the windows, through which the sun was streaming, cried out, “He’s a-standin’ out yander by the horse-rack.”

Whereupon a subpœna was promptly made out by the clerk of the court, and the deputy sheriff, putting his head out of a window, cried:

“Miles G. Cottingham! Miles G. Cottingham! Miles G. Cottingham! Come into court.”

Mr. Cottingham was fat, rosy, and cheerful. He came into court with such a dubious smile on his face that his friends in the room were disposed to laugh, but they remembered that Lawyer Terrell was somewhat intolerant of these manifestations of good-humor. As for Mr. Cottingham himself, he was greatly puzzled. When the voice of the court crier reached his ears he was in the act of taking a dram, and, as he said afterward, he “come mighty nigh drappin’ the tumbeler.” But he was not subjected to any such mortification. He tossed off his dram in fine style, and went to the court-house, where, as soon as he had pushed his way to the front, he was met by Lawyer Terrell, who shook him heartily by the hand, and told him his testimony was needed in order that justice might be done.

Then Mr. Cottingham was put on the stand as a witness for the defense.

“How old are you, Mr. Cottingham?” said Lawyer Terrell.

“Ef I make no mistakes, I’m a-gwine on sixty-nine,” replied the witness.

“Are your eyes good?”

“Well, sir, they er about ez good ez the common run; not so good ez they mought be, en yit good enough fer me.”

“Did you ever see that negro before?” The lawyer pointed to Ananias.

“Which nigger? That un over there? Why, that’s thish yer God-forsakin’ Ananias. Ef it had a-bin any yuther nigger but Ananias I wouldn’t ’a’ bin so certain and shore; bekaze sence the war they er all so mighty nigh alike I can’t tell one from t’other sca’cely. All eckceppin’ of Ananias; I’d know Ananias ef I met ’im in kingdom come wi’ his hair all swinjed off.”

The jury betrayed symptoms of enjoying this testimony; seeing which, the State’s attorney rose to his feet to protest.

“May it please the court”—

“One moment, your honor!” exclaimed Lawyer Terrell. Then, turning to the witness: “Mr. Cottingham, were you with Mr. Jones when he was watching to catch a thief who had been stealing from him?”

“Well, sir,” replied Mr. Cottingham, “I sot up wi’ him one night, but I disremember in pertickler what night it wuz.”

“Did you see the thief?”

“Well, sir,” said Mr. Cottingham, in his deliberate way, looking around over the court-room with a more judicial air than the judge on the bench, “ef you push me close I’ll tell you. Ther wuz a consid’able flutterment in the neighborhoods er whar we sot, an’ me an’ Wash done some mighty sly slippin’ up en surrounderin’; but ez ter seein’ anybody, we didn’t see ’im. We heerd ’m a-scufflin’ an’ a-runnin’, but we didn’t ketch a glimpse un ’im, nuther har ner hide.”

“Did Mr. Jones see him?”

“No more’n I did. I wuz right at Wash’s elbow. We heerd the villyun a-runnin’, but we never seed ’im. Atterwards, when we got back ter the house, Wash he ’lowed it must’a bin that nigger Ananias thar, an’ I ’lowed it jess mought ez well be Ananias ez any yuther nigger, bekaze you know yourself—”

“That will do, Mr. Cottingham,” said Mr. Lawyer Terrell, blandly. The State’s attorney undertook to cross-examine Mr. Cottingham; but he was a blundering man, and the result of his cross-examination was simply a stronger and more impressive repetition of Mr. Cottingham’s testimony.

After this, the solicitor was willing to submit the case to the jury without argument, but Mr. Terrell said that if it pleased the court he had a few words to say to the jury in behalf of his client. The speech made by the State’s attorney was flat and stale, for he was not interested in the case; but Lawyer Terrell’s appeal to the jury is still remembered in Rockville. It was not only powerful, but inimitable; it was humorous, pathetic, and eloquent. When he concluded, the jury, which was composed mostly of middle-aged men, was in tears. The feelings of the spectators were also wrought up to a very high pitch, and when the jury found a verdict of “not guilty,” without retiring, the people in the court-room made the old house ring again with applause.

And then something else occurred. Pressing forward through the crowd came Colonel Benjamin Flewellen. His clothes were a trifle shabby, but he had the air of a prince of the blood. His long white hair fell on his shoulders, and his movements were as precise as those of a grenadier. The spectators made way for him. Those nearest noticed that his eyes were moist, and that his nether lip was a-tremble, but no one made any remark. Colonel Flewellen pressed forward until he reached Ananias, who, scarcely comprehending the situation, was sitting with his hands folded and his head bent down. The colonel placed his hand on the negro’s shoulder.

“Come, boy,” he said, “let’s go home.”

“Me, Marster?” said the negro, looking up with a dazed expression. It was the tone, and not the words, that Ananias heard.

“Yes, old fellow, your Miss Nelly will be waiting for us.”

“Name er God!” exclaimed Ananias, and then he arose and followed his old master out of the court-room. Those who watched him as he went saw that the tears were streaming down his face, but there was no rude laughter when he made a futile attempt to wipe them off with his coat-tail. This display of feeling on the part of the negro was somewhat surprising to those who witnessed it, but nobody was surprised when Ananias appeared on the streets a few days after with head erect and happiness in his face.

WHERE’S DUNCAN?

Now, do you know you young people are mighty queer? Somebody has told you that he heard old man Isaiah Winchell a-gabbling about old times, and here you come fishing for what you call a story. Why, bless your soul, man, it is no story at all, just a happening, as my wife used to say. If you want me to tell what there is of it, there must be some understanding about it. You know what ought to be put in print and what ought to be left out. I would know myself, I reckon, if I stopped to think it all over; but there’s the trouble. When I get started, I just rattle along like a runaway horse. I’m all motion and no sense, and there’s no stopping me until I run over a stump or up against a fence. And if I tried to write it out, it would be pretty much the same. When I take a pen in my hand my mind takes all sorts of uncertain flights, like a pigeon with a hawk after it.

As to the affair you were speaking of, there’s not much to tell, but it has pestered me at times when I ought to have been in my bed and sound asleep. I have told it a thousand times, and the rest of the Winchells have told it, thinking it was a very good thing to have in the family. It has been exaggerated, too; but if I can carry the facts to your ear just as they are in my mind, I shall be glad, for I want to get everything straight from the beginning.

Well, it was in 1826. That seems a long time ago to you, but it is no longer than yesterday to me. I was eighteen years old, and a right smart chunk of a boy for my age. While we were ginning and packing cotton our overseer left us, and my father turned the whole business over to me. Now, you may think that was a small thing, because this railroad business has turned your head, but, as a matter of fact, it was a very big thing. It fell to me to superintend the ginning and the packing of the cotton, and then I was to go to Augusta in charge of two wagons. I never worked harder before nor since. You see we had no packing-screws nor cotton-presses in those days. The planter that was able to afford it had his gin, and the cotton was packed in round bales by a nigger who used something like a crowbar to do the packing. He trampled the lint cotton with his feet, and beat it down with his iron bar until the bagging was full, and then the bale weighed about three hundred pounds. Naturally you laugh at this sort of thing, but it was no laughing matter; it was hard work.

Well, when we got the cotton all prepared, we loaded the wagons and started for Augusta. We hadn’t got more than two miles from home, before I found that Crooked-leg Jake, my best driver, was drunk. He was beastly drunk. Where he got his dram, I couldn’t tell you to save my life, for it was against the law in those days to sell whiskey to a nigger. But Crooked-leg Jake had it and he was full of it, and he had to be pulled off of the mule and sent to roost on top of the cotton-bags. It was not a very warm roost either, but it was warm enough for a nigger full of whiskey.

This was not a good thing for me at all, but I had to make the best of it. Moreover, I had to do what I had never done before—I had to drive six mules, and there was only one rein to drive them with. This was the fashion, but it was a very difficult matter for a youngster to get the hang of it. You jerk, jerk, jerked, if you wanted the lead mule to turn to the right, and you pull, pull, pulled if you wanted her to go the left. While we were going on in this way, with a stubborn mule at the wheel and a drunken nigger on the wagon, suddenly there came out of the woods a thick-set, dark-featured, black-bearded man with a bag slung across his shoulder.

“Hello!” says he; “you must be a new hand.”

“It would take a very old hand,” said I, “to train a team of mules to meet you in the road.”

“Now, there you have me,” said he; and he laughed as if he were enjoying a very good joke.

“Who hitched up your team?” he asked.

“That drunken nigger,” said I.

“To be sure,” said he; “I might have known it. The lead-mule is on the off side.”

“Why, how do you know that?” I asked.

“My two eyes tell me,” he replied; “they are pulling crossways.” And with that, without asking anybody’s permission, he unhitched the traces, unbuckled the reins and changed the places of the two front mules. It was all done in a jiffy, and in such a light-hearted manner that no protest could be made; and, indeed, no protest was necessary, for the moment the team started I could see that the stranger was right. There was no more jerking and whipping to be done. We went on in this way for a mile or more, when suddenly I thought to ask the stranger, who was trudging along good-humoredly by the side of the wagon, if he would like to ride. He laughed and said he wouldn’t mind it if I would let him straddle the saddle-mule; and for my part I had no objections.

So I crawled up on the cotton and lay there with Crooked-leg Jake. I had been there only a short time when the nigger awoke and saw me. He looked scared.

“Who dat drivin’ dem mules, Marse Isaiah?” he asked.

“I couldn’t tell you even if you were sober,” said I. “The lead-mule was hitched on the off-side, and the man that is driving rushed out of the woods, fixed her right, and since then we have been making good time.”

“Is he a sho’ ’nuff w’ite man, Marse Isaiah?” asked Jake.

“Well, he looks like he is,” said I; “but I’m not certain about that.”

With that Jake crawled to the front of the wagon, and looked over at the driver. After a while he came crawling back.

“Tell me what you saw,” said I.

“Well, sir,” said he, “I dunner whe’er dat man’s a w’ite man or not, but he’s a-settin’ sideways on dat saddle-mule, en every time he chirps, dat lead-mule know what he talkin’ about. Yasser. She do dat. Did you say he come outen de woods?”

“I don’t know where he came from,” said I. “He’s there, and he’s driving the mules.”

“Yasser. Dat’s so. He’s dar sho’, kaze I seed ’im wid my own eyes. He look like he made outen flesh en blood, en yit he mought be a ha’nt; dey ain’t no tellin’. Dem dar mules is gwine on mos’ too slick fer ter suit me.”

Well, the upshot of it was that the stranger continued to drive. He made himself useful during the day, and when night came, he made himself musical; for in the pack slung across his back was a fiddle, and in the manipulation of this instrument he showed a power and a mastery which are given to few men to possess. I doubt whether he would have made much of a show on the stage, but I have heard some of your modern players, and none of them could approach him, according to my taste. I’ll tell you why. They all seem to play the music for the music itself, but this man played it for the sake of what it reminded him of. I remember that when he took out his fiddle at night, as he invariably did if nobody asked him to, I used to shut my eyes and dream dreams that I have never dreamed since, and see visions that are given to few men to see. If I were younger I could describe it to you, but an old man like me is not apt at such descriptions.

We journeyed on, and, as we journeyed, we were joined by other wagons hauling cotton, until, at last, there was quite a caravan of them—twenty, at least, and possibly more. This made matters very lively, as you may suppose, especially at night, when we went into camp. Then there were scenes such as have never been described in any of the books that profess to tell about life in the South before the war. After the teams had been fed and supper cooked, the niggers would sing, dance and wrestle, and the white men would gather to egg them on, or sit by their fires and tell stories or play cards. Sometimes there would be a fight, and that was exciting; for in those days, the shotgun was mighty handy and the dirk was usually within reach. In fact, there was every amusement that such a crowd of people could manage to squeeze out of such an occasion. In our caravan there were more than a dozen fiddlers, white and black, but not one of them that attracted as much attention as the stranger who drove my team. When he was in the humor he could entrance the whole camp; but it was not often that he would play, and it frequently happened that he and I would go to bed under our wagon while the rest of the teamsters were frolicking. I had discovered that he was a good man to have along. He knew just how to handle the mules, he knew all the roads, he knew just where to camp, and he knew how to keep Crooked-leg Jake sober. One night after we had gone to bed he raised himself on his elbow and said:

“To-morrow night, if I make no mistake, we will camp within a few miles of the Sandhills. There my journey ends, and yet you have never asked me my name.”

“Well,” said I, “you are a much older man than I am, and I had a notion that if you wanted me to know your name you would tell me. I had no more reason for asking it than you have for hiding it.”

He lay over on his back and laughed.

“You’ll find out better than that when you are older,” he said, and then he continued laughing—though whether it was what I said or his own thoughts that tickled him, I had no means of knowing.

“Well,” he went on, after a while, “you are as clever a youngster as ever I met, and I’ve nothing to hide from you. My name is Willis Featherstone, and I am simply a vagabond, else you would never have seen me trudging along the public road with only a fiddle at my back; but I have a rich daddy hereabouts, and I’m on my way to see how he is getting along. Now,” he continued, “I’ll give you a riddle. If you can’t unriddle it, it will unriddle itself. A father had a son. He sent him to school in Augusta, until he was fifteen. By that time, the father grew to hate the son, and one day, in a fit of anger, sold him to a nigger speculator.”

“How could that be?” I asked.

“That is a part of the riddle,” said he.

“Are you the son?”

“That is another part of the same riddle.”

“Where was the son’s mother?” I asked.

“In the riddle—in the riddle,” he replied.

I could not unriddle the riddle, but it seemed to hint at some such villainy as I had read about in the books in my father’s library. Here was a man who had sold his son; that was enough for me. It gave me matter to dream on, and as I was a pretty heavy feeder in those days, my dreams followed hard on each other. But it isn’t worth while to relate them here, for the things that actually happened were infinitely worse than any dream could be.