Chapter 11

The old man stepped back to the counter, and stood pulling his chin, his eyes running over the crowd of faces.

"Davy Allen," spoke Mr. Kirby, "you stand back there with your ma. Tom Belcher, make way for him. And, Tom, s'pose you put another stick of wood in that stove an' poke up the fire." He took off his glasses, blew on them, polished them with his handkerchief and readjusted them. Then, leaning back in his chair, he spoke.

"Gentlemen, from the beginnin' of time, as fur back as records go, a dog's been the friend, companion, an' protector of man. Folks say he come from the wolf, but that ain't no reflection on him, seein' that we come from monkeys ourselves; an' I believe, takin' all things into account, I'd as soon have a wolf for a ancestor as a monkey, an' a little ruther.

"Last night in the liberry of my old friend Judge Fowler in Greenville, I looked up some things about this dog question. I find that there have been some queer decisions handed down by the courts, showin' that the law does recognize the fact that a dog is different from other four-footed critters. For instance, it has been held that a dog has a right to protect not only his life but his dignity; that where a man worries a dog beyond what would be reasonable to expect any self-respectin' critter to stand, that dog has a right to bite that man, an' that man can't collect any damages--provided the bitin' is done at the time of the worryin' an' in sudden heat an' passion. That has been held in the courts, gentlemen. The law that holds for man holds for dogs.

"Another thing: If the engineer of a railroad train sees a cow or a horse or a sheep on the track, or a hog, he must stop the train or the road is liable for any damage done 'em. But if he sees a man walkin' along the track, he has a right to presume that the man, bein' a critter of more or less intelligence, will git off, an' he is not called on to stop under ordinary circumstances. The same thing holds true of a dog. The engineer has a right to presume that the dog, bein' a critter of intelligence, will get off the track. Here again the law is the same for dog an' man.

"_But_--if the engineer has reason to believe that the man's mind is took up with some object of an engrossin' nater, he is supposed to stop the train till the man comes to himself an' looks around. The same thing holds true of a dog. If the engineer has reason to suspect that the dog's mind is occupied with some engrossin' topic, he must stop the train. That case has been tested in this very state, where a dog was on the track settin' a covey of birds in the adjoinin' field. The railroad was held responsible for the death of that dog, because the engineer ought to have known by the action of the dog that his mind was on somethin' else beside railroad trains an' locomotives."

Again the magistrate spat into the cuspidor between his feet. Davy, still watching him, felt his mother's grip on his arm. Everyone was listening so closely that the whispered sneering comment of Old Man Thornycroft to the man next to him was audible, "What's all this got to do with the case?"

"The p'int I'm gettin' to is this," went on Mr. Kirby, not paying attention to him: "a dog is not like a cow or a horse or any four-footed critter. He's a individual, an' so the courts have held him in spirit if not in actual words. Now this court of mine here in Tom Belcher's sto' ain't like other courts. I have to do the decidin' myself; I have to interpret the true spirit of the law without technicalities an' quibbles such as becloud it in other an' higher courts. An' I hold that since a dog is _de facto_ an' _de jury_ an individual, he has a right to life, liberty, an' the pursuit of happiness.

"Therefore, gentlemen, I hold that that hound dog, Buck, had a perfect right to follow that boy, Davy Allen, there; an' I hold that Davy Allen was not called on to drive that dog back, or interfere in any way with that dog followin' him if the dog so chose. You've heard the evidence of the boy. You know, an' I know, he has spoke the truth this day, an' there ain't no evidence to the contrary. The boy did not entice the dog. He even went down the road, leavin' him behind. He run back only when the dog was in dire need an' chokin' to death. He wasn't called on to put that block an' chain back on the dog. He couldn't help it if the dog followed him. He no more stole that dog than I stole him. He's no more of a thief than I am. I dismiss this case, Mr. Thornycroft, this case you've brought against Davy Allen. I declare him innocent of the charge of theft. I set it down right here on the records of this court."

"Davy!" gasped Mrs. Allen. "Davy!"

But, face working, eyes blazing, Old Man Thornycroft started forward, and the dog, panting, shrank between boy and mother. "Jim Kirby!" cried the old man, stopping for a moment in the cleared space. "You're magistrate. What you say goes. But that dog thar--he's mine! He's my property--mine by law!" He jerked a piece of rope out of his overcoat pocket and came on toward the cowering dog. "Tom Belcher, Bob Kelley! Stop that dog! He's mine!"

"Davy!" Mrs. Allen was holding the boy. "Don't--don't say anything. You're free to go home. Your record's clear. The dog's his!"

"Hold on!" Mr. Kirby had risen from his chair. "You come back here, Mr. Thornycroft. This court's not adjourned yet. If you don't get back, I'll stick a fine to you for contempt you'll remember the rest of your days. You stand where you are, sir! Right there! Don't move till I'm through!"

Quivering, the old man stood where he was. Mr. Kirby sat down, face flushed, eyes blazing. "Punch up that fire, Tom Belcher," he said. "I ain't through yet."

The hound came tremblingly back to Davy, looked up in his face, licked his hand, then sat down at his side opposite his former master, looking around now and then at the old man, terror in his eyes. In the midst of a deathly silence the magistrate resumed.

"What I was goin' to say, gentlemen, is this: I'm not only magistrate, I'm an officer in an organization that you country fellers likely don't know of, an organization known as the Society for the Prevention of Cruelty to Animals. As such an officer it's my duty to report an' bring to trial any man who treats a dumb brute in a cruel an' inhuman way. Mr. Thornycroft, judgin' by the looks of that houn', you ain't give him enough to eat to keep a cat alive--an' a cat, we all know, don't eat much, just messes over her vittles. You condemned that po' beast, for no fault of his own, to the life of a felon. A houn' ain't happy at best, he's melancholy; an' a houn' that ain't allowed to run free is of all critters the wretchedest. This houn's neck is rubbed raw. God only knows what he's suffered in mind an' body. A man that would treat a dog that way ain't fitten to own one. An' I hereby notify you that, on the evidence of this boy, an' the evidence before our eyes, I will indict you for breakin' the law regardin' the treatment of animals; an' I notify you, furthermore, that as magistrate I'll put the law on you for that same thing. An' it might be interestin' to you to know, sir, that I can fine you as much as five hundred dollars, or send you to jail for one year, or both, if I see fit--an' there ain't no tellin' but what I will see fit, sir."

He looked sternly at Thornycroft.

"Now I'm goin' to make a proposition that I advise you to jump at like you never jumped at anything before. If you will give up that houn' Buck--to me, say, or to anybody I decide will be kind to him--I will let the matter drop. If you will go home like a peaceable citizen, you won't hear no more about it from me; but if you don't----"

"Git out of my way!" cried Old Man Thornycroft. "All of you! I'm goin'--I'm goin'!"

"Hold on!" said Mr. Kirby, when he had got almost to the door. "Do you, in the presence of these witnesses, turn over this dog to me, relinquishin' all claims to him, on the conditions named? Answer. Yes or No?"

There was a moment's silence; then the old man cried out:

"Take the old hound! He ain't wuth the salt in his vittles!"

He jerked the door open.

"Yes, or no?" called Mr. Kirby inexorably.

"Yes!" yelled the old man, and slammed the door behind him.

"One minute, gentlemen," said Mr. Kirby, rising from the table and gathering his papers and records together. "Just one more thing: If anybody here has any evidence, or knows of any, tendin' to show that this boy Davy Allen is not the proper person to turn over a houn' dog to, I hope he will speak up." He waited a moment. "In the absence of any objections, an' considerin' the evidence that's been given here this mornin', I think I'll just let that dog go back the way he come. Thank you, gentlemen. Court's adjourned!"

IX

THE PURSUIT

Cyclone Bill Simmons, burly, hard, and crimson of face, turned an overheated runabout out of the blazing highway and into a grove of oaks where stood the convict camp.

"All right," he said. "Get out."

Tom Abercrombie, face drawn, hands manacled, clambered out of the car. He was a man of sixty or thereabout, long, lank, wiry, with a white patriarchal beard and white beetling brows. His cheap suit of black and his black slouch hat were covered with dust.

"This way," ordered Simmons.

As if he did not hear, the old man glanced about him: at the long, weather-stained tent, open at both ends and at the sides, and showing within two rows of untidy bunks; at the smaller tents that formed a hollow square; at the shed for mules deeper within the grove; at the small group of Negro convicts--cooks and trusties--who from near the big tent stared curiously at him.

"This way," repeated Simmons harshly.

The lean cheeks flushed. The old man looked quickly at Simmons, who during the twenty-mile drive from the county seat had not spoken a word to him. Then, head bowed, he followed the man toward one of the smaller tents.

It was plainly the guard tent; it stood at the entrance to the camp, where a path turned in from the road. In front, under the shade of an oak, were two or three splint-bottom chairs. And chained to the oak by a staple driven into the trunk, drowsing in the heat of the summer mid-afternoon, lay a bloodhound.

He had barely looked up when the car drove in. His heavy black body with its tan belly and legs was completely relaxed, and he was panting slightly. His head, which he held up as with an effort, was massive, leonine, rugged, with chops and dewlaps that hung loosely down, giving the impression of a detached and judicial attitude toward life. His expression was grave, thoughtful, melancholy, as if his ancestors, pondering through the centuries on the frailty of humanity as they saw it, had set their indelible stamp of gloom and sorrow on his face. Toward him the burly guard and the tall bearded prisoner made their way.

There are men to whom no dog can be insensible; men with a secret quality of magnetism or understanding which makes any dog, at their approach, look up. When Simmons passed the great hound did not stir; but when Tom Abercrombie came opposite him, he lifted his muzzle, grizzled with age, and his melancholy, amber-coloured eyes met the man's.

The old man stopped. It was as if he had found, in all this strangeness, a friend. He spoke before he thought--half under his breath.

"Old Whiskers," he said gently. "Old Gray Whiskers."

Simmons turned in a flash, his face suddenly more crimson than ever, his eyes blazing.

"What did you say to that dog?" he yelled.

The old man looked at him steadily but did not reply.

"Now here!" The guard's voice rang out in the grove. "I know you, Abercrombie, and I know your game, you bloody, long-whiskered, knife-totin' throat-cutter. You are tryin' to make friends with that dog!"

He went to a near-by bush, got out his knife, and cut a heavy switch.

"Take this," he commanded. "Oh, you can catch hold of it! Catch it with both hands. Never mind the bracelets. Take it. Hit that dog. Hit him!"

The dreamlike state in which the old man had been wandering dissolved. His eyes narrowed to mere slits behind the beetling brows. The cold steel of the mountaineer, the mountaineer who weighs his words, was in the slow-drawled reply:

"Wal, now, I reckon I won't."

A moment they faced one another, Simmons' eyes murderous. Some fear of an investigation if he struck the old man, something daunting, too, that he saw in the mountaineer's eyes, restrained him.

"Abercrombie," he said, and moistened his lips with his tongue, "I brought out in that car three boxes of shotgun shells--buckshot--extra heavy loaded. Get me?"

Such was the initiation of old Tom Abercrombie as a convict. That afternoon he was entered on the books as a "dangerous" prisoner; that night he lay on an iron cot, staring up at the roof of a solitary tent, which, according to law, had to be provided for him. On his ankles were locked two steel anklets connected by a chain eighteen inches long. This chain, in turn, was locked to the cot.

Shame lay with him as he stared upward--shame and a terrible loneliness and dread of the future. At sunset he had watched a long line of shackled Negroes, followed by guards with shotguns, file into camp. To-morrow he himself would be one of that gang; and not only to-morrow, but for two years. Assault and Battery with Intent to Kill--this was the verdict of the court in Greenville in which he had been tried. And yet he hadn't intended to kill anybody, he had only meant to remonstrate.

Three young fellows, sitting at a table in a cheap ice-cream parlour--it had seemed a crystal palace to the old man and to Molly his wife, fresh from the deepest recesses of the mountains--had made fun of Molly and her sunbonnet.

When they did that, the mirrors that lined the walls, the enamelled-top tables, the sunlit street showing through wide-open doors, had all turned red before his eyes. He had risen from his chair and gone toward this seat of the scornful. "You fellers," he had warned in a low voice, "you fellers don't want to say anything like that again."

They had looked at him in sullen astonishment; then they had sprung to their feet. According to the testimony they gave in court, he had confronted one of them, an open knife hidden up his sleeve. This was not true, and he denied it stoutly on the stand. As a matter of fact, he had not thought of his knife until the three young bruisers, habitués of the place and of the questionable pool-room in the rear, rushed him all together, and a dirty-aproned waiter, coming up from behind, hit him a crack that jarred his skull. Then he had sprung back and drawn his knife.

The wounds he inflicted were not serious, he had simply held his assailants off; but the policeman who ran in, followed by a crowd, found the knife in his hand. The testimony was against him; besides, he did not make a good witness. No man does who holds something back. And what old Tom held back was the remark the young men had made.

On that point his lips were stubbornly sealed. He did not even tell his lawyer. As for Molly, she had not heard. Poor girl, she was a bit deaf, her sunbonnet came down close over her ears, and she had been eating her ice cream, oblivious. He did not want her to know, ever. He did not want the court to hear. What's more, he did not mean that it should hear.

The courts of justice, like the mills of the gods, ought to grind slowly and grind exceeding small--sifting carefully the evidence, examining deeply into the character and motives of accuser and accused. But the gods have eternity at their disposal, and their mills are run by unerring, self-administering laws, while the courts are sometimes harassed with a heavy docket that must be got through with and laws are made and administered by erring mortals. When they are overcrowded, there is inevitably, now and then, a victim.

Hence old Tom Abercrombie, chained to a cot, staring up at the roof of a tent, oppressed with a terrible loneliness; thinking of a long double cabin in a mountain-girded valley, far over the Tennessee line, where he and Molly had lived forty years; of the cornfields in a creek bottom, of children and of grandchildren, of widely scattered neighbours and friends.

Next day he was put to driving four mules hitched to a road scraper. Chains clanking, he had to climb as best he could into the iron seat. The humiliation of striped clothes he was spared; that barbarity had been done away with by law. He wore his black trousers, a blue shirt, and his broad-brimmed hat. Once on the seat no one passing along the road could see his shackles, but as if they were heated red-hot these symbols of shame burned into his flesh.

In the road ahead and in the road behind Negro pickers and shovellers toiled away, watched over by guards with shotguns. He saw the eyes of these guards turn constantly toward him. "You want to watch that old devil," Simmons had warned them. "He's dangerous."

The days that followed were all alike: days of toil that began before sunrise, continued through blazing middays, and ended after sundown. Always, before and behind, the gang picked and shovelled, always the eyes of the guards were turning toward him. Always against the horizon the mountains, flecked at midday with clouds and shadows, beckoned him like a mirage.

Sometimes from the top of a hill, under his broad hat, he studied the lay of the land. In his mind he mapped out the water courses and the stretches of woodland that led with least open country to the mountains. Sometimes at night he dreamed of a double cabin in a cool mountain-girded valley.

"You want to watch him," warned Simmons again and again.

Once Molly came to see him. Simmons himself, at the guard tent, questioned her roughly, then shrugged his shoulders and let her pass. Throughout the interview, though, he sat over there by the guard tent, his eyes always on the two of them; and at his side, but never looking up at him, lay Sheriff, the bloodhound, panting.

She told him how hard she had tried to get him off; how hard his friends had tried. They had been to see the solicitor, the sheriff, and finally the governor himself. "They were all nice to me, Tom," she declared; "but they say they can't do nothin'. The governor talked to me a long time in his office. He asked all about us--where we lived, how many children we had, how it all happened. But he says he was elected to see the laws carried out, an' can't interfere.

"We done everything we could," she went on, "even the folks that live 'round here an' have seen you workin', po' man, with the gang--even they tried to help. Squire Kirby an' Mr. Earle, him that lives in that big white house they call Freedom Hill, up the road whar you been workin', they headed the petition. They are the richest folks 'round here. They heered the trial, Tom. They know you was set upon in that low-down place. Mr. Earle, he went to the capitol with me to see the governor. Him and the governor are ol' friends. Mr. Earle, he bought my railroad ticket and paid my board in Greenville. He talked to the governor for over an hour.... But"--she shook her head--"it never done no good.

"Here's what folks say, though," she whispered quickly. "If you got away back into Tennessee the law wouldn't follow you. Mr. Earle, he told me that, just yistiddy, Tom. Squire Kirby he says the same thing. Tom, the sheriff hisself as good as told me. The governor wouldn't requisition you, they all's good as said. He wouldn't, either, Tom. I know he wouldn't."

Then her eyes widened with horror. "Oh, I wasn't goin' to tell you that!" she gasped. "Don't try to get away. That man over yonder, he'll kill you, Tom. Folks said he would--said he had killed two. I know he will, since I've seen him. He's awful, awful!"

She went on protesting, in terror that he would try to do the very thing she had suggested. She told him about the bloodhound. The newspaper men said he never lost a trail--that nobody who stayed on the ground had ever got away from him.

"They know ever'thing, these newspaper men," she went on. "They advised me right. Tom, two years ain't long. We waited longer than that to get married. Remember, Tom? We ain't old yet....

"Poor old gal," said Tom.

It was the sight of a dilapidated and deserted blacksmith shop near the road they were widening, and of some rusted fragments of tools scattered about here and there, which caused old Tom, as the road-scraper passed and repassed the spot, to look very closely down into the upturned dirt. And it was the glimpse of something in that dirt which caused him suddenly to rein up the four mules and glance quickly in the direction of the two guards.

It was an afternoon of terrific heat, following a prolonged drought. In the road ahead the gang of Negro convicts toiled silently, sluggishly, in the blinding glare. Simmons had driven off in the direction of Greenville an hour before. The two remaining guards, with shotguns under their arms, stood in the scant shade of two dust-covered trees.

"Jake," said the old mountaineer calmly to the Negro on the machine behind him, the Negro who handled the levers, "Jake, there's a bolt loose some-whar' on this scrape. Reckon I better 'tend to it myself."

Without any apparent hurry, he clambered down from the seat. Quickly, secretly, he picked out of the upturned earth an object which he thrust into his shirt. Deliberately, as if encountering obstacles which caused him trouble, he hammered away at the supposed loose bolt. When at last he clambered back into the iron seat, heated like the top of a stove, there was just a slight flush on his lean cheeks and a brightness as of triumph in his deep-set eyes.

On the way back to camp they passed Tom Belcher's store. Here he asked permission of one of the guards (they were not all like Simmons) to go in and buy himself some tobacco. The guard who went in with him saw nothing suspicious in the fact that, along with the tobacco, the old man purchased also a package of chewing gum.

That night he did not sleep. By raising up on his elbows in his cot he could see, in a chair tilted back against an oak tree, the night guard with a gun across his knees and, farther on, in front of the guard tent, the outline of the bloodhound asleep. Once, when he thought the guard nodded, he reached in his shirt. He got out the object he had picked up in the road and rubbed it against his shackles. The rasp of file on steel sounded loud in his tent like an alarm. He thought he saw the guard stir and the bloodhound lift his head. He lay silently down again. Later he punched a hole in the mattress and stuck the file deep into the straw.

Next day he thought of Molly and home. As he sat on the road-scraper the mountains, purple and lofty against the sky, seemed now to be beckoning him. Once within them, once across the state line, the law would not follow him. He was satisfied of that from what Molly had told him.

He bided his time until one stormy night when wind and rain drove the bloodhound within the shelter of the guard tent and, thrashing through the branches of the oaks and flapping the canvas of the big tent, drowned out to all ears but his own the rasp of a file on steel. Next day the continued rain made road work impossible, and as he hobbled back and forth to feed the mules, chewing gum hid two triangular cuts in his shackles. Again that night, storm and rain drowned out the sound that came from the tent where he sat hunched forward on his cot, sawing patiently and methodically away.

Hours before dawn he slipped out of the rear of his tent and walked quickly toward the mule sheds, where he stood listening. Then, hat pulled down low, he hurried through the grove, across a field, and made for the black rim of the surrounding forest.