Chapter 18

June lifted her right hand, put her lips to the soiled, old, black Bible and faced the jury and Hale and Bad Rufe Tolliver whose black eyes never left her face.

“What is your name?” asked a deep voice that struck her ears as familiar, and before she answered she swiftly recalled that she had heard that voice speaking when she entered the door.

“June Tolliver.”

“Your age?”

“Eighteen.”

“You live--”

“In Lonesome Cove.”

“You are the daughter of--”

“Judd Tolliver.”

“Do you know the prisoner?”

“He is my foster-uncle.”

“Were you at home on the night of August the tenth?”

“I was.”

“Have you ever heard the prisoner express any enmity against this volunteer Police Guard?” He waved his hand toward the men at the portholes and about the railing--unconsciously leaving his hand directly pointed at Hale. June hesitated and Rufe leaned one elbow on the table, and the light in his eyes beat with fierce intensity into the girl's eyes into which came a curious frightened look that Hale remembered--the same look she had shown long ago when Rufe's name was mentioned in the old miller's cabin, and when going up the river road she had put her childish trust in him to see that her bad uncle bothered her no more. Hale had never forgot that, and if it had not been absurd he would have stopped the prisoner from staring at her now. An anxious look had come into Rufe's eyes--would she lie for him?

“Never,” said June. Ah, she would--she was a Tolliver and Rufe took a breath of deep content.

“You never heard him express any enmity toward the Police Guard--before that night?”

“I have answered that question,” said June with dignity and Rufe's lawyer was on his feet.

“Your Honour, I object,” he said indignantly.

“I apologize,” said the deep voice--“sincerely,” and he bowed to June. Then very quietly:

“What was the last thing you heard the prisoner say that afternoon when he left your father's house?”

It had come--how well she remembered just what he had said and how, that night, even when she was asleep, Rufe's words had clanged like a bell in her brain--what her awakening terror was when she knew that the deed was done and the stifling fear that the victim might be Hale. Swiftly her mind worked--somebody had blabbed, her step-mother, perhaps, and what Rufe had said had reached a Falin ear and come to the relentless man in front of her. She remembered, too, now, what the deep voice was saying as she came into the door:

“There must be deliberation, a malicious purpose proven to make the prisoner's crime a capital offence--I admit that, of course, your Honour. Very well, we propose to prove that now,” and then she had heard her name called. The proof that was to send Rufe Tolliver to the scaffold was to come from her--that was why she was there. Her lips opened and Rufe's eyes, like a snake's, caught her own again and held them.

“He said he was going over to the Gap--”

There was a commotion at the door, again the crowd parted, and in towered giant Judd Tolliver, pushing people aside as though they were straws, his bushy hair wild and his great frame shaking from head to foot with rage.

“You went to my house,” he rumbled hoarsely--glaring at Hale--“an' took my gal thar when I wasn't at home--you--”

“Order in the Court,” said the Judge sternly, but already at a signal from Hale several guards were pushing through the crowd and old Judd saw them coming and saw the Falins about him and the Winchesters at the port-holes, and he stopped with a hard gulp and stood looking at June.

“Repeat his exact words,” said the deep voice again as calmly as though nothing had happened.

“He said, 'I'm goin' over to the Gap--'” and still Rufe's black eyes held her with mesmeric power--would she lie for him--would she lie for him?

It was a terrible struggle for June. Her father was there, her uncle Dave was dead, her foster-uncle's life hung on her next words and she was a Tolliver. Yet she had given her oath, she had kissed the sacred Book in which she believed from cover to cover with her whole heart, and she could feel upon her the blue eyes of a man for whom a lie was impossible and to whom she had never stained her white soul with a word of untruth.

“Yes,” encouraged the deep voice kindly.

Not a soul in the room knew where the struggle lay--not even the girl--for it lay between the black eyes of Rufe Tolliver and the blue eyes of John Hale.

“Yes,” repeated the deep voice again. Again, with her eyes on Rufe, she repeated:

“'I'm goin' over to the Gap--'” her face turned deadly white, she shivered, her dark eyes swerved suddenly full on Hale and she said slowly and distinctly, yet hardly above a whisper:

“'TO KILL ME A POLICEMAN.'”

“That will do,” said the deep voice gently, and Hale started toward her--she looked so deadly sick and she trembled so when she tried to rise; but she saw him, her mouth steadied, she rose, and without looking at him, passed by his outstretched hand and walked slowly out of the Court Room.

XXVII

The miracle had happened. The Tollivers, following the Red Fox's advice to make no attempt at rescue just then, had waited, expecting the old immunity from the law and getting instead the swift sentence that Rufe Tolliver should be hanged by the neck until he was dead. Astounding and convincing though the news was, no mountaineer believed he would ever hang, and Rufe himself faced the sentence defiant. He laughed when he was led back to his cell:

“I'll never hang,” he said scornfully. They were the first words that came from his lips, and the first words that came from old Judd's when the news reached him in Lonesome Cove, and that night old Judd gathered his clan for the rescue--to learn next morning that during the night Rufe had been spirited away to the capital for safekeeping until the fatal day. And so there was quiet for a while--old Judd making ready for the day when Rufe should be brought back, and trying to find out who it was that had slain his brother Dave. The Falins denied the deed, but old Judd never questioned that one of them was the murderer, and he came out openly now and made no secret of the fact that he meant to have revenge. And so the two factions went armed, watchful and wary--especially the Falins, who were lying low and waiting to fulfil a deadly purpose of their own. They well knew that old Judd would not open hostilities on them until Rufe Tolliver was dead or at liberty. They knew that the old man meant to try to rescue Rufe when he was brought back to jail or taken from it to the scaffold, and when either day came they themselves would take a hand, thus giving the Tollivers at one and the same time two sets of foes. And so through the golden September days the two clans waited, and June Tolliver went with dull determination back to her old life, for Uncle Billy's sister had left the house in fear and she could get no help--milking cows at cold dawns, helping in the kitchen, spinning flax and wool, and weaving them into rough garments for her father and step-mother and Bub, and in time, she thought grimly--for herself: for not another cent for her maintenance could now come from John Hale, even though he claimed it was hers--even though it was in truth her own. Never, but once, had Hale's name been mentioned in the cabin--never, but once, had her father referred to the testimony that she had given against Rufe Tolliver, for the old man put upon Hale the fact that the sheriff had sneaked into his house when he was away and had taken June to Court, and that was the crowning touch of bitterness in his growing hatred for the captain of the guard of whom he had once been so fond.

“Course you had to tell the truth, baby, when they got you there,” he said kindly; “but kidnappin' you that-a-way--” He shook his great bushy head from side to side and dropped it into his hands.

“I reckon that damn Hale was the man who found out that you heard Rufe say that. I'd like to know how--I'd like to git my hands on the feller as told him.”

June opened her lips in simple justice to clear Hale of that charge, but she saw such a terrified appeal in her step-mother's face that she kept her peace, let Hale suffer for that, too, and walked out into her garden. Never once had her piano been opened, her books had lain unread, and from her lips, during those days, came no song. When she was not at work, she was brooding in her room, or she would walk down to Uncle Billy's and sit at the mill with him while the old man would talk in tender helplessness, or under the honeysuckle vines with old Hon, whose brusque kindness was of as little avail. And then, still silent, she would get wearily up and as quietly go away while the two old friends, worried to the heart, followed her sadly with their eyes. At other times she was brooding in her room or sitting in her garden, where she was now, and where she found most comfort--the garden that Hale had planted for her--where purple asters leaned against lilac shrubs that would flower for the first time the coming spring; where a late rose bloomed, and marigolds drooped, and great sunflowers nodded and giant castor-plants stretched out their hands of Christ, And while June thus waited the passing of the days, many things became clear to her: for the grim finger of reality had torn the veil from her eyes and let her see herself but little changed, at the depths, by contact with John Hale's world, as she now saw him but little changed, at the depths, by contact with hers. Slowly she came to see, too, that it was his presence in the Court Room that made her tell the truth, reckless of the consequences, and she came to realize that she was not leaving the mountains because she would go to no place where she could not know of any danger that, in the present crisis, might threaten John Hale.

And Hale saw only that in the Court Room she had drawn her skirts aside, that she had looked at him once and then had brushed past his helping hand. It put him in torment to think of what her life must be now, and of how she must be suffering. He knew that she would not leave her father in the crisis that was at hand, and after it was all over--what then? His hands would still be tied and he would be even more helpless than he had ever dreamed possible. To be sure, an old land deal had come to life, just after the discovery of the worthlessness of the mine in Lonesome Cove, and was holding out another hope. But if that, too, should fail--or if it should succeed--what then? Old Judd had sent back, with a curt refusal, the last “allowance” he forwarded to June and he knew the old man was himself in straits. So June must stay in the mountains, and what would become of her? She had gone back to her mountain garb--would she lapse into her old life and ever again be content? Yes, she would lapse, but never enough to keep her from being unhappy all her life, and at that thought he groaned. Thus far he was responsible and the paramount duty with him had been that she should have the means to follow the career she had planned for herself outside of those hills. And now if he had the means, he was helpless. There was nothing for him to do now but to see that the law had its way with Rufe Tolliver, and meanwhile he let the reawakened land deal go hang and set himself the task of finding out who it was that had ambushed old Dave Tolliver. So even when he was thinking of June his brain was busy on that mystery, and one night, as he sat brooding, a suspicion flashed that made him grip his chair with both hands and rise to pace the porch. Old Dave had been shot at dawn, and the night before the Red Fox had been absent from the guard and had not turned up until nearly noon next day. He had told Hale that he was going home. Two days later, Hale heard by accident that the old man had been seen near the place of the ambush about sunset of the day before the tragedy, which was on his way home, and he now learned straightway for himself that the Red Fox had not been home for a month--which was only one of his ways of mistreating the patient little old woman in black.

A little later, the Red Fox gave it out that he was trying to ferret out the murderer himself, and several times he was seen near the place of ambush, looking, as he said, for evidence. But this did not halt Hale's suspicions, for he recalled that the night he had spent with the Red Fox, long ago, the old man had burst out against old Dave and had quickly covered up his indiscretion with a pious characterization of himself as a man that kept peace with both factions. And then why had he been so suspicious and fearful when Hale told him that night that he had seen him talking with a Falin in town the Court day before, and had he disclosed the whereabouts of Rufe Tolliver and guided the guard to his hiding-place simply for the reward? He had not yet come to claim it, and his indifference to money was notorious through the hills. Apparently there was some general enmity in the old man toward the whole Tolliver clan, and maybe he had used the reward to fool Hale as to his real motive. And then Hale quietly learned that long ago the Tollivers bitterly opposed the Red Fox's marriage to a Tolliver--that Rufe, when a boy, was always teasing the Red Fox and had once made him dance in his moccasins to the tune of bullets spitting about his feet, and that the Red Fox had been heard to say that old Dave had cheated his wife out of her just inheritance of wild land; but all that was long, long ago, and apparently had been mutually forgiven and forgotten. But it was enough for Hale, and one night he mounted his horse, and at dawn he was at the place of ambush with his horse hidden in the bushes. The rocks for the ambush were waist high, and the twigs that had been thrust in the crevices between them were withered. And there, on the hypothesis that the Red Fox was the assassin, Hale tried to put himself, after the deed, into the Red Fox's shoes. The old man had turned up on guard before noon--then he must have gone somewhere first or have killed considerable time in the woods. He would not have crossed the road, for there were two houses on the other side; there would have been no object in going on over the mountain unless he meant to escape, and if he had gone over there for another reason he would hardly have had time to get to the Court House before noon: nor would he have gone back along the road on that side, for on that side, too, was a cabin not far away. So Hale turned and walked straight away from the road where the walking was easiest--down a ravine, and pushing this way and that through the bushes where the way looked easiest. Half a mile down the ravine he came to a little brook, and there in the black earth was the faint print of a man's left foot and in the hard crust across was the deeper print of his right, where his weight in leaping had come down hard. But the prints were made by a shoe and not by a moccasin, and then Hale recalled exultantly that the Red Fox did not have his moccasins on the morning he turned up on guard. All the while he kept a sharp lookout, right and left, on the ground--the Red Fox must have thrown his cartridge shell somewhere, and for that Hale was looking. Across the brook he could see the tracks no farther, for he was too little of a woodsman to follow so old a trail, but as he stood behind a clump of rhododendron, wondering what he could do, he heard the crack of a dead stick down the stream, and noiselessly he moved farther into the bushes. His heart thumped in the silence--the long silence that followed--for it might be a hostile Tolliver that was coming, so he pulled his pistol from his holster, made ready, and then, noiseless as a shadow, the Red Fox slipped past him along the path, in his moccasins now, and with his big Winchester in his left hand. The Red Fox, too, was looking for that cartridge shell, for only the night before had he heard for the first time of the whispered suspicions against him. He was making for the blind and Hale trembled at his luck. There was no path on the other side of the stream, and Hale could barely hear him moving through the bushes. So he pulled off his boots and, carrying them in one hand, slipped after him, watching for dead twigs, stooping under the branches, or sliding sidewise through them when he had to brush between their extremities, and pausing every now and then to listen for an occasional faint sound from the Red Fox ahead. Up the ravine the old man went to a little ledge of rocks, beyond which was the blind, and when Hale saw his stooped figure slip over that and disappear, he ran noiselessly toward it, crept noiselessly to the top and peeped carefully over to see the Red Fox with his back to him and peering into a clump of bushes--hardly ten yards away. While Hale looked, the old man thrust his hand into the bushes and drew out something that twinkled in the sun. At the moment Hale's horse nickered from the bushes, and the Red Fox slipped his hand into his pocket, crouched listening a moment, and then, step by step, backed toward the ledge. Hale rose:

“I want you, Red!”

The old man wheeled, the wolf's snarl came, but the big rifle was too slow--Hale's pistol had flashed in his face.

“Drop your gun!” Paralyzed, but the picture of white fury, the old man hesitated.

“Drop--your--gun!” Slowly the big rifle was loosed and fell to the ground.

“Back away--turn around and hands up!”

With his foot on the Winchester, Hale felt in the old man's pockets and fished out an empty cartridge shell. Then he picked up the rifle and threw the slide.

“It fits all right. March--toward that horse!”

Without a word the old man slouched ahead to where the big black horse was restlessly waiting in the bushes.

“Climb up,” said Hale. “We won't 'ride and tie' back to town--but I'll take turns with you on the horse.”

The Red Fox was making ready to leave the mountains, for he had been falsely informed that Rufe was to be brought back to the county seat next day, and he was searching again for the sole bit of evidence that was out against him. And when Rufe was spirited back to jail and was on his way to his cell, an old freckled hand was thrust between the bars of an iron door to greet him and a voice called him by name. Rufe stopped in amazement; then he burst out laughing; he struck then at the pallid face through the bars with his manacles and cursed the old man bitterly; then he laughed again horribly. The two slept in adjoining cells of the same cage that night--the one waiting for the scaffold and the other waiting for the trial that was to send him there. And away over the blue mountains a little old woman in black sat on the porch of her cabin as she had sat patiently many and many a long day. It was time, she thought, that the Red Fox was coming home.

XXVIII

And so while Bad Rufe Tolliver was waiting for death, the trial of the Red Fox went on, and when he was not swinging in a hammock, reading his Bible, telling his visions to his guards and singing hymns, he was in the Court House giving shrewd answers to questions, or none at all, with the benevolent half of his mask turned to the jury and the wolfish snarl of the other half showing only now and then to some hostile witness for whom his hate was stronger than his fear for his own life. And in jail Bad Rufe worried his enemy with the malicious humour of Satan. Now he would say:

“Oh, there ain't nothin' betwixt old Red and me, nothin' at all--'cept this iron wall,” and he would drum a vicious tattoo on the thin wall with the heel of his boot. Or when he heard the creak of the Red Fox's hammock as he droned his Bible aloud, he would say to his guard outside:

“Course I don't read the Bible an' preach the word, nor talk with sperits, but thar's worse men than me in the world--old Red in thar' for instance”; and then he would cackle like a fiend and the Red Fox would writhe in torment and beg to be sent to another cell. And always he would daily ask the Red Fox about his trial and ask him questions in the night, and his devilish instinct told him the day that the Red Fox, too, was sentenced to death--he saw it in the gray pallour of the old man's face, and he cackled his glee like a demon. For the evidence against the Red Fox was too strong. Where June sat as chief witness against Rufe Tolliver--John Hale sat as chief witness against the Red Fox. He could not swear it was a cartridge shell that he saw the old man pick up, but it was something that glistened in the sun, and a moment later he had found the shell in the old man's pocket--and if it had been fired innocently, why was it there and why was the old man searching for it? He was looking, he said, for evidence of the murderer himself. That claim made, the Red Fox's lawyer picked up the big rifle and the shell.

“You say, Mr. Hale, the prisoner told you the night you spent at his home that this rifle was rim-fire?”

“He did.” The lawyer held up the shell.

“You see this was exploded in such a rifle.” That was plain, and the lawyer shoved the shell into the rifle, pulled the trigger, took it out, and held it up again. The plunger had struck below the rim and near the centre, but not quite on the centre, and Hale asked for the rifle and examined it closely.

“It's been tampered with,” he said quietly, and he handed it to the prosecuting attorney. The fact was plain; it was a bungling job and better proved the Red Fox's guilt. Moreover, there were only two such big rifles in all the hills, and it was proven that the man who owned the other was at the time of the murder far away. The days of brain-storms had not come then. There were no eminent Alienists to prove insanity for the prisoner. Apparently, he had no friends--none save the little old woman in black who sat by his side, hour by hour and day by day.

And the Red Fox was doomed.

In the hush of the Court Room the Judge solemnly put to the gray face before him the usual question:

“Have you anything to say whereby sentence of death should not be pronounced on you?”

The Red Fox rose:

“No,” he said in a shaking voice; “but I have a friend here who I would like to speak for me.” The Judge bent his head a moment over his bench and lifted it:

“It is unusual,” he said; “but under the circumstances I will grant your request. Who is your friend?” And the Red Fox made the souls of his listeners leap.

“Jesus Christ,” he said.

The Judge reverently bowed his head and the hush of the Court Room grew deeper when the old man fished his Bible from his pocket and calmly read such passages as might be interpreted as sure damnation for his enemies and sure glory for himself--read them until the Judge lifted his hand for a halt.