The Sky Line of Spruce.

by Edison Marshall.

PART ONE

THE WAKENING

I

The convict gang had a pleasant place to work to-day. Their road building had taken them some miles from the scattered outskirts of Walla Walla, among fields green with growing barley. The air was fresh and sweet; the Western meadow larks, newly come, seemed in imminent danger of splitting their own throats through the exuberance of their song.

Even the steel rails of the Northern Pacific, running parallel to the stretch of new road, gleamed pleasantly in the spring sun.

The convicts themselves were in a genial mood, easily moved to wide grins; and with a single exception they looked much like any other road gang at work anywhere in the land. An expert might have recognized purely criminal types among them: to a layman they suggested merely the lower grades of unskilled labor. Some of the faces were distinctly brutal; there was the sullen visage of a powerful negro who, with different environment, might have been a Congo prince; but the face of "Plug" Spanos, a notorious gunman who was by far the worst character in the gang, might have been that of an artless plow-boy in a distant land under a warm sun. There remained, however, the "exception." Curiously enough, whenever the warden's thought dwelt upon the inmates of his prison, cla.s.sifying them into various groups, there was always one wind-tanned, vivid face, one brawny, towering form that seemed to demand individual consideration. The man who was listed on the records as Ben Kinney was distinctly an individual. He some way failed to cla.s.sify among the groups of his fellows. Because he had been sent out to-day with the road gang the two armed guards had an interesting subject of conversation.

In the first place he habitually did two men's work. He did not do it with any idea of trying to ingratiate himself with his keepers: no inmate of the inst.i.tution at Walla Walla made any such mistake as that.

He did it purely because he could not tone down his mighty strength and energy to stay even with his fellows. To-day Sprigley, the guard in first command of the gang, had placed him opposite Judy, the burly negro, but the latter was being driven straight toward absolute exhaustion. Yet Kinney at least knew how to subdue and direct the pouring fountain of his vitality and energy, for the robust blows of his pick fell with the regularity of a tireless machine. It was as if a wild stallion, off the plains, had been trained to draw the plow. His great muscles moved with marvelous precision; but for all the monotony and rhythm of his motions he conveyed no image of stolidity and dullness.

He was a great, dark man, his skin darkly brown from exposure; his straight hair showed almost coal black in spite of the fact that it had but recently been clipped close; his eyebrows were similarly black; and black hairs spread down his hands almost to the finger nails and cropped up from his chest at his open throat. It was a mighty, deep, full chest, the chest of a runner and a fighter, sustained by a strong, flat abdomen and by powerful, st.u.r.dy legs. Yet physical might and development were not all of Ben Kinney. The image conveyed was never one of sheer brutality. For all their black hair, the large, brawny hands were well-shaped and sensitive; he had a healthy, good-humored mouth that could evidently, on occasion, be the seat of a most pleasant, boyish smile. He had a straight, good nose, rather high cheek bones, and a broad, brown forehead, straight rather than sloping swiftly like that of the negro opposite. But none of his features, nor yet his brawny form, caught and held the attention as did his vivid, dark-gray eyes.

They were deeply dark, even against his deeply tanned face, yet now and then one caught distinct surface lights, denoting the presence of unmeasured animal spirits, and perhaps, too, the surprising health and vitality of the engine of his life. They were keen eyes, alert, fiery with a zealot's fire: evidently the eyes of a steadfast, headstrong, purposeful man. Some complexity of lines about them, hard to trace, indicated a recklessness, too; a willingness to risk all that he had for his convictions.

"That's the queerest case we ever had here at Walla Walla," Sprigley told his fellow guard, as they watched the man's pick swing in the air.

"Sometimes I wonder whether he ought to be here or not. Look at that face--he hasn't any more of a criminal face than I have."

The other guard, Howard, scanned his companion's face with mock care.

"That ain't sayin' so much for him," he observed. But at once he began to evince real interest. "I maintain you can't tell anything from their faces," he answered seriously. "There's nothin' in it. The man's a crook, isn't he? Wasn't he caught red-handed?"

"Let me tell you about it. I was interested in the case and found out all I could concerning it. He apparently showed up in Seattle some time during the summer of 1919, a crook of the crooks, as you say. No one knows where he came from--and that's queer in itself. You know very well that his face and form are going to be remembered and noticed, yet he wasn't in any rogue's gallery, in any city. Desperate crook though he was, no one had ever heard of him before he showed up in Seattle.

"The crooks down there called him 'Wild' Kinney, and were pretty well scared of him. Swanson, one of the lieutenants of the Seattle force, whom I know well as I know you, told me that he was a power, sort of a king in the underworld from the very first, largely because he was afraid of nothing, absolutely desperate, and willing to take any chance.

He wasn't a hop-head, yet they all looked at him as sort of queer; though ready to follow him to the last ditch, yet some way they thought him off his head. And Swanson believes that his career of crime started _after_ he reached Seattle, not before--that he hadn't grown up to crime like most of the men in his gang. He didn't know anything about the 'profession'--as far as skill went he was a rank amateur, but he made it up with daring and cunning. Once or twice he got in a fight down there, and they all agree he fought like a mad man, the most terrible fighter in the whole district, and it took about a half dozen to stop him."

"You don't have to tell me that. Anybody who can swing a pick like that--"

"Now let me tell you how they happened to catch him. Maybe you heard--he and Dago Frank were in the act of breaking into the Western-Danish Bank. Part of this I'm giving you now came straight from Frank himself.

He says that they were in the alley, in the act of jimmying a window, and all at once Kinney straightened up as if something had hit him and let the jimmy fall with a thump to the pavement. Frank said he thought that the man had 'gone off his nut,' but it's my private opinion that he had been somewhat deranged all the time he was in Seattle, and he just came to, more or less, that minute. The man hardly seemed to know what he was doing. 'Have you lost your guts, Kinney?' Frank asked him; and Kinney stood there, staring like he didn't know he was being spoken to.

He put his hands to his head, then, like a man with a headache. And the next instant a cop came running from the mouth of the alley.

"Kinney was heeled, but he didn't even pull his gun. He still stood with his hands to his head. All his pards in the underworld always said he'd die before he'd give up, but he let the cop take him like he was a baby.

Frank got away, but they got him, you remember, three weeks later. After some kind of a trial Kinney was sent down here."

Sprigley paused and shifted his gun from his right to his left shoulder.

"You'll say that's all common enough," he went on. "Now let me tell you another queer thing. You know, the chief has started a system here to keep track of all the prisoners, with the idea of making them good citizens when they get out. He has them all fill out a card. Well, when this man Kinney turned in his card, he had written 'Ben' on it, but the rest was absolutely blank.

"Mr. Mitch.e.l.l thought at first that the man couldn't write. It turned out, though, that he can write--an intelligent hand, and spell good too.

Then Mitch.e.l.l decided he was just sulking. But his second guess was no better than his first. I haven't got Mitch.e.l.l persuaded yet, and maybe never will have him persuaded, but I'm confident I know the answer. The reason he didn't fill out that card was because he couldn't remember.

"He couldn't remember where or when he was born, or who were his folks, or where he had come from, or how he had spent his life. He knew that 'Ben,' his first name, sounded right to him, but 'Kinney' didn't--the reason likely being that Kinney was an alias adopted during his life as a criminal. I suppose you've noticed that queer, bewildered look he has when any one calls him Kinney. What his real name is he doesn't know. He can't even remember that. And the explanation is--complete loss of memory.

"You mark my words, Howard--that man hasn't been a criminal always.

Something got wrong with his head, and he turned crook--you might say that the criminal side that all of us has simply took possession of him.

That night in the alley he came to himself--only his mind was left a blank not only in regard to his life as a criminal, but all that had gone before."

"Then why don't you do something about it--besides talk? Mitch.e.l.l says you're gettin' so you talk of nothin' else."

"It's not for me to do anything about it. The man was a criminal. The State can't go any further than that. I suppose if every man was set free who wasn't, in the last a.n.a.lysis, responsible for his crimes, we wouldn't have anybody left in the penitentiary. He's in for five years--considering what he'll pick up here, it might as well be for life. Amnesia--that's what the doctors call it--amnesia following some sort of a mental trouble. In the end you'll see that I'm right."

Sprigley was right. To Ben Kinney life was like a single pale light in a long, dark street. Complete loss of memory prevented him from looking backward. Complete loss of hope kept him from looking ahead.

It had been this way for months now--ever since the night the policeman had found him, the "jimmy" dropped from his hands, in the alley. Heaven knows what he had done, what madness had been upon him, before that time. But as Sprigley had said, that night had marked a change. It was true that so far as facts went he was no better off: when he had come to himself he had found his mind a blank regarding not only his career of crime, but all the years that had gone before. Even his own name eluded him. That of Kinney had an alien sound in his ears.

The past had simply ceased to exist for him; and because it is some way the key to the future, the latter seemed likewise blank,--a toneless gray that did not in the least waken his interest. Indeed the only light that flung into the unfathomable darkness of his forgetfulness was that which played in his dreams at night. Sometimes these were inordinately vivid, quite in contrast to the routine of prison life.

He felt if he could only recall these dreams clearly they would interpret for him the mystery of his own life. He wakened, again and again, with the consciousness of having dreamed the most stirring, amazing dreams, but what they were he couldn't tell. He could only remember fragments, such as a picture of rushing waters recurring again and again--and sometimes an amazing horizon, a dark line curiously notched against a pale green background.

They were not all bad dreams: in reality many of them stirred him and moved him happily, and he would waken to find the mighty tides of his blood surging fiercely through the avenues of veins. Evidently they recalled some happiness that was forgotten. And there was one phase, at least, of this work in the road gangs that brought him moving, intense delight. It was merely the sight of the bird life, abounding in the fields and meadows about the towns.

There had been quite a northern migration lately, these late spring days. The lesser songsters were already mating and nesting, and he found secret pleasure in their cheery calls and bustling activity. But they didn't begin to move him as did the waterfowl, pa.s.sing in long V-shaped flocks. That strange, wild wanderer's greeting that the gray geese called down to their lesser brethren in the meadows had a really extraordinary effect upon him. It always caught him up and held him, stirring some deep, strange part of him that he hardly knew existed.

Sometimes the weird, wailing sound brought him quite to the edge of a profound discovery, but always the flocks sped on and out of hearing before he could quite grasp it. When the moon looked down, through the barred window of his cell, he sometimes felt the same way. A great, white mysterious moon that he had known long ago. It was queer that there should be a relationship between the gray geese and the cold, white satellite that rode in the sky. Ben Kinney never tried to puzzle out what it was; but he always knew it with a knowledge not to be denied.

The last of the waterfowl had pa.s.sed by now, but the northern migration was not yet done. The sun still moved north; warm, north-blowing winds blew the last of the lowering, wintry clouds back to the Arctic Seas whence they had come. And because the road work the convicts were doing brought them, this afternoon, in sight of the railroad right-of-way, Ben now and then caught sight of other wayfarers moving slowly, but no less steadily, toward the north. The open road beckoned northward, these full, balmy, late-April days, and various tattered men, mostly vagabonds and tramps, pa.s.sed the gang from time to time on this same, northern quest.

Ben thought about them as birds of pa.s.sage, and the thought amused him.

And at the sight of a small, stooped figure advancing toward him up the railroad right-of-way he paused, leaning on his pick.

Because Ben had paused, for the first time in an hour, his two guards looked up to see what had attracted his attention. They saw what seemed to them a white-haired old wanderer of sixty years or more; but at first they were wholly at a loss to explain Ben's fascinated look of growing interest.

It was true that the old man scarcely represented the usual worthless, criminal type that took to vagabondage. As he paused to scrutinize the convict gang neither insolence nor fear, one of which was certainly to be expected, became manifest in his face. They had antic.i.p.ated certain words in greeting, a certain look out of bleary, shifty eyes, but neither materialized. True, the old man was following the cinder trail northward, but plainly he did not belong to the brotherhood of tramps.

They saw that he was white-haired and withered, but upright; and that undying youth dwelt in his twinkling blue eyes and the complexity of little, good-natured lines about his mouth. Poverty, age, the hardships of the cinder trail had not conquered him in the least. He was small physically, but his skinny arms and legs looked as if they were made of high-tension wire. His face was shrewd, but also kindly, and the gray stubble on his cheeks and chin did not in the least hide a smile that was surprisingly boyish and winning. And when he spoke his cracked good-natured voice was perfectly in character, evidently that of a man possessing full self-respect and confidence, yet br.i.m.m.i.n.g over with easy kindliness and humor.

Both guards would have felt instantly, instinctively friendly toward him if they had been free to feel at all. Instead they were held and amazed by the apparent fact that at the first scrutiny of the man's outline, his carriage and his droll, wrinkled face, the prisoner Kinney was moved and stirred as if confronted by the risen dead.

The old man himself halted, returning Kinney's stare. The moment had, still half concealed, an unmistakable quality of drama. In the contagion of suppressed excitement, the other prisoners paused, their tools held stiffly in their hands. Kinney's mind seemed to be reaching, groping for some astonishing truth that eluded him.

The old man ran, in great strides, toward him. "My G.o.d, aren't you Ben Darby?" he demanded.

The convict answered him as from a great distance, his voice cool and calm with an infinite certainty. "Of course," he said. "Of course I'm Darby."

II

For the moment that chance meeting thrilled all the spectators with the sense of monumental drama. The convicts stared; Howard, the second guard, forgot his vigilance and stared with open mouth. He started absurdly, rather guiltily, when the old man whirled toward him.

"What are you doing with Ben Darby in a convict gang?" the old wanderer demanded.

"What am I doin'?" Howard's astonishment gave way to righteous indignation. "I'm guardin' convicts, that's what I'm a-doin'." He composed himself then and shifted his gun from his left to his right shoulder. "He's here in this gang because he's a convict. Ask my friend, here, if you want to know the details. And who might you be?"