It was a warm night. The cool breeze which usually sprang up with the going down of the sun behind the chaparral-crested mountain was that evening withheld from Sandy Bar. The little canon was stifling with heated resinous odors, and the decaying driftwood on the Bar sent forth faint sickening exhalations. The feverishness of day and its fierce pa.s.sions still filled the camp. Lights moved restlessly along the bank of the river, striking no answering reflection from its tawny current.

Against the blackness of the pines the windows of the old loft above the express-office stood out staringly bright; and through their curtainless panes the loungers below could see the forms of those who were even then deciding the fate of Tennessee. And above all this, etched on the dark firmament, rose the Sierra, remote and pa.s.sionless, crowned with remoter pa.s.sionless stars.

The trial of Tennessee was conducted as fairly as was consistent with a judge and jury who felt themselves to some extent obliged to justify, in their verdict, the previous irregularities of arrest and indictment. The law of Sandy Bar was implacable, but not vengeful. The excitement and personal feeling of the chase were over; with Tennessee safe in their hands, they were ready to listen patiently to any defense, which they were already satisfied was insufficient. There being no doubt in their own minds, they were willing to give the prisoner the benefit of any that might exist. Secure in the hypothesis that he ought to be hanged on general principles, they indulged him with more lat.i.tude of defense than his reckless hardihood seemed to ask. The Judge appeared to be more anxious than the prisoner, who, otherwise unconcerned, evidently took a grim pleasure in the responsibility he had created. "I don't take any hand in this yer game," had been his invariable but good-humored reply to all questions. The Judge--who was also his captor--for a moment vaguely regretted that he had not shot him "on sight" that morning, but presently dismissed this human weakness as unworthy of the judicial mind. Nevertheless, when there was a tap at the door, and it was said that Tennessee's Partner was there on behalf of the prisoner, he was admitted at once without question. Perhaps the younger members of the jury, to whom the proceedings were becoming irksomely thoughtful, hailed him as a relief.

For he was not, certainly, an imposing figure. Short and stout, with a square face, sunburned into a preternatural redness, clad in a loose duck "jumper" and trousers streaked and splashed with red soil, his aspect under any circ.u.mstances would have been quaint, and was now even ridiculous. As he stooped to deposit at his feet a heavy carpetbag he was carrying, it became obvious, from partially developed legends and inscriptions, that the material with which his trousers had been patched had been originally intended for a less ambitious covering. Yet he advanced with great gravity, and after shaking the hand of each person in the room with labored cordiality, he wiped his serious perplexed face on a red bandana handkerchief, a shade lighter than his complexion, laid his powerful hand upon the table to steady himself, and thus addressed the Judge:--

"I was pa.s.sin' by," he began, by way of apology, "and I thought I'd just step in and see how things was gittin' on with Tennessee thar,--my pardner. It's a hot night. I disremember any sich weather before on the Bar."

He paused a moment, but n.o.body volunteering any other meteorological recollection, he again had recourse to his pocket-handkerchief, and for some moments mopped his face diligently.

"Have you anything to say on behalf of the prisoner?" said the Judge finally.

"Thet's it," said Tennessee's Partner, in a tone of relief. "I come yar as Tennessee's pardner,--knowing him nigh on four year, off and on, wet and dry, in luck and out o' luck. His ways ain't aller my ways, but thar ain't any p'ints in that young man, thar ain't any liveliness as he's been up to, as I don't know. And you sez to me, sez you,--confidential-like, and between man and man,--sez you, 'Do you know anything in his behalf?' and I sez to you, sez I,--confidential-like, as between man and man,--'What should a man know of his pardner?'"

"Is this all you have to say?" asked the Judge impatiently, feeling, perhaps, that a dangerous sympathy of humor was beginning to humanize the court.

"Thet's so," continued Tennessee's Partner. "It ain't for me to say anything agin' him. And now, what's the case? Here's Tennessee wants money, wants it bad, and doesn't like to ask it of his old pardner.

Well, what does Tennessee do? He lays for a stranger, and he fetches that stranger; and you lays for _him_, and you fetches _him_; and the honors is easy. And I put it to you, bein' a fa'r-minded man, and to you, gentlemen all, as fa'r-minded men, ef this isn't so."

"Prisoner," said the Judge, interrupting, "have you any questions to ask this man?"

"No! no!" continued Tennessee's Partner hastily. "I play this yer hand alone. To come down to the bed-rock, it's just this: Tennessee, thar, has played it pretty rough and expensive-like on a stranger, and on this yer camp. And now, what's the fair thing? Some would say more, some would say less. Here's seventeen hundred dollars in coa.r.s.e gold and a watch,--it's about all my pile,--and call it square!" And before a hand could be raised to prevent him, he had emptied the contents of the carpetbag upon the table.

For a moment his life was in jeopardy. One or two men sprang to their feet, several hands groped for hidden weapons, and a suggestion to "throw him from the window" was only overridden by a gesture from the Judge. Tennessee laughed. And apparently oblivious of the excitement, Tennessee's Partner improved the opportunity to mop his face again with his handkerchief. When order was restored, and the man was made to understand, by the use of forcible figures and rhetoric, that Tennessee's offense could not be condoned by money, his face took a more serious and sanguinary hue, and those who were nearest to him noticed that his rough hand trembled slightly on the table. He hesitated a moment as he slowly returned the gold to the carpetbag, as if he had not yet entirely caught the elevated sense of justice which swayed the tribunal, and was perplexed with the belief that he had not offered enough. Then he turned to the Judge, and saying, "This yer is a lone hand, played alone, and without my pardner," he bowed to the jury and was about to withdraw, when the Judge called him back:--

"If you have anything to say to Tennessee, you had better say it now."

For the first time that evening the eyes of the prisoner and his strange advocate met. Tennessee smiled, showed his white teeth, and saying, "Euchred, old man!" held out his hand. Tennessee's Partner took it in his own, and saying, "I just dropped in as I was pa.s.sin' to see how things was gettin' on," let the hand pa.s.sively fall, and adding that "it was a warm night," again mopped his face with his handkerchief, and without another word withdrew.

The two men never again met each other alive. For the unparalleled insult of a bribe offered to Judge Lynch--who, whether bigoted, weak, or narrow, was at least incorruptible--firmly fixed in the mind of that mythical personage any wavering determination of Tennessee's fate; and at the break of day he was marched, closely guarded, to meet it at the top of Marley's Hill.

How he met it, how cool he was, how he refused to say anything, how perfect were the arrangements of the committee, were all duly reported, with the addition of a warning moral and example to all future evil-doers, in the "Red Dog Clarion," by its editor, who was present, and to whose vigorous English I cheerfully refer the reader. But the beauty of that midsummer morning, the blessed amity of earth and air and sky, the awakened life of the free woods and hills, the joyous renewal and promise of Nature, and above all, the infinite serenity that thrilled through each, was not reported, as not being a part of the social lesson. And yet, when the weak and foolish deed was done, and a life, with its possibilities and responsibilities, had pa.s.sed out of the misshapen thing that dangled between earth and sky, the birds sang, the flowers bloomed, the sun shone, as cheerily as before; and possibly the "Red Dog Clarion" was right.

Tennessee's Partner was not in the group that surrounded the ominous tree. But as they turned to disperse, attention was drawn to the singular appearance of a motionless donkey-cart halted at the side of the road. As they approached, they at once recognized the venerable "Jenny" and the two-wheeled cart as the property of Tennessee's Partner, used by him in carrying dirt from his claim; and a few paces distant the owner of the equipage himself, sitting under a buckeye-tree, wiping the perspiration from his glowing face. In answer to an inquiry, he said he had come for the body of the "diseased," "if it was all the same to the committee." He didn't wish to "hurry anything;" he could "wait." He was not working that day; and when the gentlemen were done with the "diseased," he would take him. "Ef thar is any present," he added, in his simple, serious way, "as would care to jine in the fun'l, they kin come." Perhaps it was from a sense of humor, which I have already intimated was a feature of Sandy Bar,--perhaps it was from something even better than that, but two thirds of the loungers accepted the invitation at once.

It was noon when the body of Tennessee was delivered into the hands of his partner. As the cart drew up to the fatal tree, we noticed that it contained a rough oblong box,--apparently made from a section of sluicing,--and half filled with bark and the ta.s.sels of pine. The cart was further decorated with slips of willow and made fragrant with buckeye-blossoms. When the body was deposited in the box, Tennessee's Partner drew over it a piece of tarred canvas, and gravely mounting the narrow seat in front, with his feet upon the shafts, urged the little donkey forward. The equipage moved slowly on, at that decorous pace which was habitual with Jenny even under less solemn circ.u.mstances. The men--half curiously, half jestingly, but all good-humoredly--strolled along beside the cart, some in advance, some a little in the rear of the homely catafalque. But whether from the narrowing of the road or some present sense of decorum, as the cart pa.s.sed on, the company fell to the rear in couples, keeping step, and otherwise a.s.suming the external show of a formal procession. Jack Folinsbee, who had at the outset played a funeral march in dumb show upon an imaginary trombone, desisted from a lack of sympathy and appreciation,--not having, perhaps, your true humorist's capacity to be content with the enjoyment of his own fun.

The way led through Grizzly Canon, by this time clothed in funereal drapery and shadows. The redwoods, burying their moccasined feet in the red soil, stood in Indian file along the track, trailing an uncouth benediction from their bending boughs upon the pa.s.sing bier. A hare, surprised into helpless inactivity, sat upright and pulsating in the ferns by the roadside as the cortege went by. Squirrels hastened to gain a secure outlook from higher boughs; and the blue-jays, spreading their wings, fluttered before them like outriders, until the outskirts of Sandy Bar were reached, and the solitary cabin of Tennessee's Partner.

Viewed under more favorable circ.u.mstances, it would not have been a cheerful place. The unpicturesque site, the rude and unlovely outlines, the unsavory details, which distinguish the nest-building of the California miner, were all here with the dreariness of decay superadded.

A few paces from the cabin there was a rough inclosure, which, in the brief days of Tennessee's Partner's matrimonial felicity, had been used as a garden, but was now overgrown with fern. As we approached it, we were surprised to find that what we had taken for a recent attempt at cultivation was the broken soil about an open grave.

The cart was halted before the inclosure, and rejecting the offers of a.s.sistance with the same air of simple self-reliance he had displayed throughout, Tennessee's Partner lifted the rough coffin on his back, and deposited it unaided within the shallow grave. He then nailed down the board which served as a lid, and mounting the little mound of earth beside it, took off his hat and slowly mopped his face with his handkerchief. This the crowd felt was a preliminary to speech, and they disposed themselves variously on stumps and boulders, and sat expectant.

"When a man," began Tennessee's Partner slowly, "has been running free all day, what's the natural thing for him to do? Why, to come home. And if he ain't in a condition to go home, what can his best friend do?

Why, bring him home. And here's Tennessee has been running free, and we brings him home from his wandering." He paused and picked up a fragment of quartz, rubbed it thoughtfully on his sleeve, and went on: "It ain't the first time that I've packed him on my back, as you see'd me now.

It ain't the first time that I brought him to this yer cabin when he couldn't help himself; it ain't the first time that I and Jinny have waited for him on yon hill, and picked him up and so fetched him home, when he couldn't speak and didn't know me. And now that it's the last time, why"--he paused and rubbed the quartz gently on his sleeve--"you see it's sort of rough on his pardner. And now, gentlemen" he added abruptly, picking up his long-handled shovel, "the fun'l's over; and my thanks, and Tennessee's thanks, to you for your trouble."

Resisting any proffers of a.s.sistance, he began to fill in the grave, turning his back upon the crowd, that after a few moments' hesitation gradually withdrew. As they crossed the little ridge that hid Sandy Bar from view, some, looking back, thought they could see Tennessee's Partner, his work done, sitting upon the grave, his shovel between his knees, and his face buried in his red bandana handkerchief. But it was argued by others that you couldn't tell his face from his handkerchief at that distance, and this point remained undecided.

In the reaction that followed the feverish excitement of that day, Tennessee's Partner was not forgotten. A secret investigation had cleared him of any complicity in Tennessee's guilt, and left only a suspicion of his general sanity. Sandy Bar made a point of calling on him, and proffering various uncouth but well-meant kindnesses. But from that day his rude health and great strength seemed visibly to decline; and when the rainy season fairly set in, and the tiny gra.s.s-blades were beginning to peep from the rocky mound above Tennessee's grave, he took to his bed.

One night, when the pines beside the cabin were swaying in the storm and trailing their slender fingers over the roof, and the roar and rush of the swollen river were heard below, Tennessee's Partner lifted his head from the pillow, saying, "It is time to go for Tennessee; I must put Jinny in the cart;" and would have risen from his bed but for the restraint of his attendant. Struggling, he still pursued his singular fancy: "There, now, steady, Jinny,--steady, old girl. How dark it is!

Look out for the ruts,--and look out for him, too, old gal. Sometimes, you know, when he's blind drunk, he drops down right in the trail. Keep on straight up to the pine on the top of the hill. Thar! I told you so!--thar he is,--coming this way, too,--all by himself, sober, and his face a-shining. Tennessee! Pardner!"

And so they met.

THE IDYL OF BED GULCH

Sandy was very drunk. He was lying under an azalea-bush, in pretty much the same att.i.tude in which he had fallen some hours before. How long he had been lying there he could not tell, and didn't care; how long he should lie there was a matter equally indefinite and unconsidered.

A tranquil philosophy, born of his physical condition, suffused and saturated his moral being.

The spectacle of a drunken man, and of this drunken man in particular, was not, I grieve to say, of sufficient novelty in Red Gulch to attract attention. Earlier in the day some local satirist had erected a temporary tombstone at Sandy's head, bearing the inscription, "Effects of McCorkle's whiskey--kills at forty rods," with a hand pointing to McCorkle's saloon. But this, I imagine, was, like most local satire, personal; and was a reflection upon the unfairness of the process rather than a commentary upon the impropriety of the result. With this facetious exception, Sandy had been undisturbed. A wandering mule, released from his pack, had cropped the scant herbage beside him, and sniffed curiously at the prostrate man; a vagabond dog, with that deep sympathy which the species have for drunken men, had licked his dusty boots and curled himself up at his feet, and lay there, blinking one eye in the sunlight, with a simulation of dissipation that was ingenious and dog-like in its implied flattery of the unconscious man beside him.

Meanwhile the shadows of the pine-trees had slowly swung around until they crossed the road, and their trunks barred the open meadow with gigantic parallels of black and yellow. Little puffs of red dust, lifted by the plunging hoofs of pa.s.sing teams, dispersed in a grimy shower upon the rec.u.mbent man. The sun sank lower and lower, and still Sandy stirred not. And then the repose of this philosopher was disturbed, as other philosophers have been, by the intrusion of an unphilosophical s.e.x.

"Miss Mary," as she was known to the little flock that she had just dismissed from the log schoolhouse beyond the pines, was taking her afternoon walk. Observing an unusually fine cl.u.s.ter of blossoms on the azalea-bush opposite, she crossed the road to pluck it, picking her way through the red dust, not without certain fierce little shivers of disgust and some feline circ.u.mlocution. And then she came suddenly upon Sandy!

Of course she uttered the little staccato cry of her s.e.x. But when she had paid that tribute to her physical weakness she became overbold and halted for a moment,--at least six feet from this prostrate monster,--with her white skirts gathered in her hand, ready for flight.

But neither sound nor motion came from the bush. With one little foot she then overturned the satirical headboard, and muttered "Beasts!"--an epithet which probably, at that moment, conveniently cla.s.sified in her mind the entire male population of Red Gulch. For Miss Mary, being possessed of certain rigid notions of her own, had not, perhaps, properly appreciated the demonstrative gallantry for which the Californian has been so justly celebrated by his brother Californians, and had, as a newcomer, perhaps fairly earned the reputation of being "stuck up."

As she stood there she noticed, also, that the slant sunbeams were heating Sandy's head to what she judged to be an unhealthy temperature, and that his hat was lying uselessly at his side. To pick it up and to place it over his face was a work requiring some courage, particularly as his eyes were open. Yet she did it and made good her retreat. But she was somewhat concerned, on looking back, to see that the hat was removed, and that Sandy was sitting up and saying something.

The truth was, that in the calm depths of Sandy's mind he was satisfied that the rays of the sun were beneficial and healthful; that from childhood he had objected to lying down in a hat; that no people but condemned fools, past redemption, ever wore hats; and that his right to dispense, with them when he pleased was inalienable. This was the statement of his inner consciousness. Unfortunately, its outward expression was vague, being limited to a repet.i.tion of the following formula: "Su'shine all ri'! Wa.s.ser maar, eh? Wa.s.s up, su'shine?"

Miss Mary stopped, and, taking fresh courage from her vantage of distance, asked him if there was anything that he wanted.

"Wa.s.s up? Wa.s.ser maar?" continued Sandy, in a very high key.

"Get up, you horrid man!" said Miss Mary, now thoroughly incensed; "get up and go home."

Sandy staggered to his feet. He was six feet high, and Miss Mary trembled. He started forward a few paces and then stopped.

"Wa.s.s I go home for?" he suddenly asked, with great gravity.

"Go and take a bath," replied Miss Mary, eying his grimy person with great disfavor.

To her infinite dismay, Sandy suddenly pulled off his coat and vest, threw them on the ground, kicked off his boots, and, plunging wildly forward, darted headlong over the hill in the direction of the river.

"Goodness heavens! the man will be drowned!" said Miss Mary; and then, with feminine inconsistency, she ran back to the schoolhouse and locked herself in. That night, while seated at supper with her hostess, the blacksmith's wife, it came to Miss Mary to ask, demurely, if her husband ever got drunk. "Abner," responded Mrs. Stidger reflectively,--"let's see! Abner hasn't been tight since last 'lection." Miss Mary would have liked to ask if he preferred lying in the sun on these occasions, and if a cold bath would have hurt him; but this would have involved an explanation, which she did not then care to give. So she contented herself with opening her gray eyes widely at the red-cheeked Mrs.

Stidger,--a fine specimen of Southwestern efflorescence,--and then dismissed the subject altogether. The next day she wrote to her dearest friend in Boston: "I think I find the intoxicated portion of this community the least objectionable, I refer, my dear, to the men, of course. I do not know anything that could make the women tolerable."

In less than a week Miss Mary had forgotten this episode, except that her afternoon walks took thereafter, almost unconsciously, another direction. She noticed, however, that every morning a fresh cl.u.s.ter of azalea blossoms appeared among the flowers on her desk. This was not strange, as her little flock were aware of her fondness for flowers, and invariably kept her desk bright with anemones, syringas, and lupines; but, on questioning them, they one and all professed ignorance of the azaleas. A few days later, Master Johnny Stidger, whose desk was nearest to the window, was suddenly taken with spasms of apparently gratuitous laughter, that threatened the discipline of the school. All that Miss Mary could get from him was, that some one had been "looking in the winder." Irate and indignant, she sallied from her hive to do battle with the intruder. As she turned the corner of the schoolhouse she came plump upon the quondam drunkard, now perfectly sober, and inexpressibly sheepish and guilty-looking.

These facts Miss Mary was not slow to take a feminine advantage of, in her present humor. But it was somewhat confusing to observe, also, that the beast, despite some faint signs of past dissipation, was amiable-looking,--in fact, a kind of blond Samson, whose corn-colored silken beard apparently had never yet known the touch of barber's razor or Delilah's shears. So that the cutting speech which quivered on her ready tongue died upon her lips, and she contented herself with receiving his stammering apology with supercilious eyelids and the gathered skirts of uncontamination. When she reentered the schoolroom, her eyes fell upon the azaleas with a new sense of revelation; and then she laughed, and the little people all laughed, and they were all unconsciously very happy.