One afternoon we met in the road a party of hors.e.m.e.n who halted us and expressed the desire for a peaceable parley. Marcus gave his a.s.surance and a stout fellow with a ruddy, good-natured face and a benevolent smile rode out and accosted us.

"You're a lawyer, Calloway," he began, "an' I reckon you know I've got to do my duty. I hope you ain't holdin' hit ergainst me none." He paused and seemed relieved when the attorney nodded his understanding.

"I just want ter know ef you won't bring yer fellers ter county co'te any day this week that suits you an' answer fer the killin' of Rat-Ankle. I'm namin' it to yer like a friend, an' I'm askin' you ter set the day. Hit ain't nothin' but a matter of givin' bail noways."

"For whom have you warrants?" asked Marcus.

The sheriff read a list of a half-dozen names, all kinsmen and retainers of the attorney. Weighborne and myself were not included. Marcus accepted service and agreed to be present on the date named. It was not until the sheriff's men had waved their hands and ridden away that he turned to me.

"That shows Garvin's effrontery," he remarked with a laugh. "He summonses me to answer in his own court, for meeting with hostility the attack of his own a.s.sa.s.sins. I'll be there--but I hope to give him a surprise."

Weighborne had some temperature and was often restless on his mattress of corn shucks, though his amiability held steady. One evening several days after our ambuscade, I was sitting alone and morose before the open hearth while he slept. Since our apartment had been a sickroom, the evening gatherings had been suspended and I had companionship only from my pipe and thoughts. The thoughts were not cheery comrades to-night.

They went back with a brutal sort of insistence to the island and the things which had there taken root, to grow with the rank and lawless swiftness of the tropics. I had had a long conversation with Marcus that evening in which he had outlined his plans for the examining trials. He meant to strike a bold and unexpected blow, using me as his star witness.

All that the county judge could do would be to fix a bond for answering to the grand jury, but the circuit court was also under the influence of the dictator, and later when the trials came up on that docket the prosecution would become persecution. Garvin would, however, fix a light bond, he thought, in the preliminary hearing and would expect Marcus to await the main issue later. Therefore, he meant to forestall the attack with an attack in the county court. His enemies would rely on his reputation as a supporter of law and order to make his warfare a warfare within the law, and that would also lull them into expecting only formal and preparatory fencing at the hearing of next Wednesday.

"When I take the course which I mean to take," the attorney had a.s.sured me, "it will be in the nature of exploding a bomb and may precipitate trouble. If I had the power to do so I should ask for a militia detachment to be present and preserve order, but unfortunately such a call can come only from some civil officer such as the circuit judge--and he is not disposed to act on my request. I shall have to satisfy myself with having in town every anti-Garvin man whom I can bring there. Garvin doesn't want a general battle just now. He doesn't want to attract outside clamor. He wants to move in the dark, so I think he will instruct against an outbreak in the streets or court-room. But there is one thing I can do, and that I am arranging. I am held in some respect by the papers of Louisville and Lexington, and I have written a rather full statement of conditions here and asked that reporters be present in the court-room on Wednesday. That will mean that whatever transpires cannot be hushed up. Then I shall move to swear Garvin off the bench, announcing openly that his jackal led this ambuscade in obedience to his own orders. That will be my surprise and my proof of it will be your testimony. If he suspected it he would find a way to silence you. Even as it is he knows you recognized Dawson and you must be cautious. He may seek to keep you out of court."

At length I slipped out and stood for a while leaning against a post of the porch, although the air was sharp with frost, and the stars pierced coldly through the hard steel of a winter sky. My other skies had been softer.

The mountains, under a young moon, stood out black and forbidding; frost mists hung like frozen smoke on the lowlands. From somewhere about the house came the nasal singing of a mountaineer to the plunking of a tuneless banjo. His voice rose and quavered and fell with more care that his words be distinct than that his notes be true. He had chosen a song composed by a local bard, and as I stood gazing off across the sea of moonlight and mist he alone broke and tortured the silence.

"Right down here in Adamson coun-tee Where they have no church of our Lord, Frank Smith sold Pate Art'b'ry some whis-key And caused him to get shot in the for'd."

His fellows, in all solemnity, took up the ludicrous chorus and trumpeted in through their noses.

"Oh, whis-key's the root of all ev-il, It fills up a drunkard's h.e.l.l, So why not vote out this old ev-il And say farewell, whis-key, farewell!"

I smiled as I thought how little they were changed from rude retainers in an old, oak-raftered hall of feudal England. I felt as remote from civilization as though I were living behind the moat and draw-bridge of some embattled baron. In such a place anything might happen.

And then as the singers fell silent again, I became aware of a faint and distant sound of voices. The hound which lay curled upon the top step of the porch rose and sniffed the keen air, his bristles rising. In a moment he was off toward the road, barking blatantly.

The voices became more distinct and I moved from my position in the moonlight to the corner of the house where the shadow fell black enough to swallow me. As I did so a shuffling of feet in the loft told me that the men there had also caught the sound. The approaching party must be coming to this house, since we had no neighbor within three-quarters of a mile and the road ran out and ended at our gate.

Shortly a group of hors.e.m.e.n came into view, climbing the hill a quarter of a mile away. They seemed to be riding close together, knee to knee, and except when they crossed the intervals of the moon's spotlight one could see them only in a ma.s.sed effect. They came to a halt in the shadow at a little distance from the gate.

The noiseless opening of a door and a momentary glimpse of a stealthy, rifle-armed figure slipping out into the shadow of the kitchen a.s.sured me of the preparedness of the impecunious clansmen who played watchdogs for their keep.

Then a loud and affable voice from the road gave greeting, "h.e.l.lo, Cal Marcus!"

There was no immediate reply. Those inside were awaiting a more conclusive guarantee of pacific intent. Seemingly amicable salutations shouted from the night had before now brought householders into the excellent target of a lighted door, where they had lain down and died.

"h.e.l.lo, Cal Marcus!" called the voice again, "we're a-comin' in."

"Who be ye?" challenged a voice from the interior. "Don't come till we know who ye be."

In the next moment I started violently and found myself in a tremor from head to foot, for the voice which answered the question was a woman's voice, and it was the voice of rich contralto which I had once heard and often imagined.

"It's I, Frances Weighborne," was the response, "and some gentlemen who rode over with me from the train." In corroboration came other voices, deep and masculine, and evidently recognized within as the voices of friends. The man in the shadow of the kitchen came out from his concealment and started down to the gate swinging his rifle at his side.

A door opened and framed the emaciated, half-clad figure of Calloway Marcus. "Come right in, Ma'm," he shouted. The group rode up into the light and dismounted.

I saw her come in at the gate. The moonlight was full upon her, and I stood skulking in my concealment of shadow like a thief, held fast in a paralysis of jealousy and worship.

This was no place for me. I, of all men in the world, could least endure or be endured at that greeting between Weighborne and his wife who had ridden these mountains to be with him.

CHAPTER XXI

I GO WALKING AND MEET ENEMIES.

He and I had labored across those twenty miles in a wagon by daylight. I could guess what it meant at night and in the saddle--and she had done it! She had come alone, except for such chance escort as she could recruit at the mining town, and now as she walked in the moon-bath of the clearing, there was not a man of them all who carried himself with so free and unwearied a stride. She was dressed in a short riding-skirt and a heavy sweater. Her shoulders swung back as free as an Indian's, and I knew at that moment, and without doubt, that this was the elusive lady of Europe who had walked out of Shepheard's Hotel the night when I sat on the terrace. She was no fragile ornament of drawing-rooms; she was the woman who strode like a G.o.ddess and for whom timidities had no existence. She was not then, after all, I exultantly reflected, the hot-house orchid; a mere whisper and fragrance on waxy petals. She was the splendid flower I had conceived, fit for G.o.d's good open skies. And that thought sent a rich bugle note of triumph ringing through the chaos of my misery.

Of a surety it was no place for me. In what was to be said behind that door I had no part. She had come splendidly, but she had not come to me.

These thoughts raced tumultuously through my mind, and when she reached the steps of the porch, and the light showed the mud and dust on her corduroy skirt, and caught the gold of her hair under an upturned hat brim, I bit savagely at my lips and turned away.

I sat for an hour or more in the shadow of a fence line, with the night mists rising and congealing under the pale moonlight like the tracery of frost on a julep mug. I had left my coat inside and at last I was conscious of being deeply chilled. As often as I turned my eyes out upon the mountain and forest they came back to dwell on the rough log wall that separated her from me. I felt the drawing of the magnet. Inside at least I could look at her, devour her with my eyes though I might not open my arms to her or even my lips except to utter commonplaces. But then the thought would come of the tenderness of the reunion which was perhaps at that moment being enacted so near me, yet so far from me, and at the picture I ground my teeth. Why had I at last discovered her to be the sum of all my dreams, and more, only to sit outside a wall of logs and know that inside she was pouring out on another man the miracle of her tenderness?

To-morrow I would deliver her husband over to her and go back. Finally, however, I realized that for to-night the Marcus house was my only available abode, and that by this time the first affections of greeting would be over. I could safely return.

Decency and civility demanded that I shake her hand and give an account of my rough nursing. The cabin was already crowded. What shifting and rearranging her arrival might necessitate was a thing to which I should accommodate myself before the household settled down to sleep. Already I might have caused inconvenience by my disappearance.

As I drew near the house, the cracks of the shutters still held threads of light. At the threshold of the room where I had left Weighborne I hesitantly knocked.

"Come in," said a low voice--her voice.

I opened the door and halted in astonishment.

She was sitting before the fire in the rough chair which was usually occupied by the old woman and her eyes were fixed on the flaring logs and the white ashes below them. She was leaning forward with her brows slightly drawn in a troubled and pained expression. The blaze threw shifting dashes of carmine on her cheeks and heightened the rose-madder of her lips. Her slender fingers were intertwined across her knees and one foot, cased in a riding-boot, was tapping the floor in evident annoyance.

Her discarded sweater hung over the chair back and against its white background her graceful slenderness was clear drawn despite the loose folds of a blue flannel shirt. The open collar revealed the arch of her throat, and though it was now circled by rough fabric instead of pearls, it was the same throat and neck that had so imperiously supported the head of the island G.o.ddess. But the deep wistfulness of her face and the troubled rise and fall of her bosom with breathing that was akin to a sigh filled me with wonder. Then the complete loveliness of her, the yearning for her swept me, and I had to grip myself resolutely for control.

I must have let myself in very quietly, for she did not turn her head.

But what held me in pause and anger was the discovery that Weighborne lay asleep and breathing heavily, as though the last hours had brought no exciting incident. Could it be possible that he had slept uninterruptedly? At the thought a wave of savage resentment swept me.

Had she come to me I should have arisen to meet her, though I had to shake off the sleep of death itself and push my way through the heavy weight of the grave.

I went very quietly over to her, without speaking, and still she did not raise her eyes. I looked down, cursing myself that I had dared to suspect she could burgeon only in the affluence of satins.

Slowly her gaze came up and on seeing me she gave a little start. Then she spoke in a low voice which was a trifle cool.

"Do you think your welcome is very prompt?"

I stiffened and flushed. Could she be so blindly indifferent as not to know that I had taken myself off in misery and loneliness only because I was not cad enough to intrude on that meeting? And now she permitted herself to grow piqued over the only evidence of consideration it lay in my power to show her.

"Do you think I could have done otherwise?" I inquired.

"I think if I were a man, and a woman had come across the mountains--"