But I have held it from that day to this.

WITHOUT A LAWYER

However bright the court's light may have appeared to the court, the place in which it was shining smelt d.a.m.nably of oil. It was three o'clock in the afternoon, but already the Alaskan night had descended.

The court sat in a barn, warmed from without by the heavily drifted snow and from within by the tiny flames of lanterns and the breathing of men, horses, and cows. Here and there in the outskirts of the circle of light could be seen the long face of a horse or the horned head of a cow.

There was a steady sound of munching. The scene was not unlike many paintings of the stable in Bethlehem on the night of the Nativity. And here, too, justice was being born in a dark age. There had been too many sudden deaths, too many jumped claims, too much drinking, too much shooting, too many strong men, too few weak men, until finally--for time, during the long winter, hung upon the neck like a millstone--the gorges of the more decent had risen. Hence the judge, hence the jury, hence the prisoner, dragged from his outlying cabin on a charge of murder. As there were no lawyers in the community, the prisoner held his own brief. Though not a Frenchman, he had been sarcastically nicknamed, because of his small size and shrinking expression, Lou Garou.

The judge rapped for order upon the head of a flour-barrel behind which he sat. "Lou Garou," he said, "you are accused of having shot down Ruddy Boyd in cold blood, after having called him to the door of his cabin for that purpose on the twenty-ninth of last month. Guilty or not guilty?"

"Sure," said Lou Garou timidly, and nodding his head. "I shot him."

"Why?" asked the judge.

For answer Lou Garou shrugged his shoulders and pointed to the chief witness, a woman who had wound her head in a dark veil so that her face could not be seen. "Make her take that veil off," said he in a shrill voice, "and you'll see why I shot him."

The woman rose without embarra.s.sment and removed her veil. But, unless in the prisoner's eyes, she was not beautiful.

"Thank you, madam," said the judge, after an embarra.s.sed pause. "Ahem!"

And he addressed the prisoner. "Your answer has its romantic value, Lou Garou, but the court is unable to attach to it any ethical significance whatsoever. Did you shoot Ruddy Boyd because of this lady's appearance in general, or because of her left eye in particular, which I note has been blackened as if by a blow?"

"Oh, I did that," said Lou Garou navely.

"Sit down!" thundered the judge. The foreman of the jury, a South Carolinian by birth, had risen, revolver in hand, with the evident intention of executing the prisoner on the spot. "You have sworn to abide by the finding of the court," continued the judge angrily. "If you don't put up that gun I'll blow your d.a.m.ned head off."

The juror, who was not without a sense of the ridiculous, smiled and sat down.

"You have pleaded guilty," resumed the judge sternly, "to the charge of murder. You have given a reason. You have either said too much or too little. If you are unable further to justify your cold-blooded and intemperate act, you shall hang."

"What do you want me to say?" whined Lou Garou.

"I want you to tell the court," said the judge, "why you shot Ruddy Boyd. If it is possible for you to justify that act I want you to do it.

The court, representing, as it does, the justice of the land, has a leaning, a bias, toward mercy. Stand up and tell us your story from the beginning."

The prisoner once more indicated the woman. "About then," he said, "I had nothin' but Jenny--and twenty dollars gold that I had loaned to Ruddy Boyd. Hans"--he pointed to a stout German sitting on the Carolinian's left--"wouldn't give me any more credit at the store." He whined and sniffled. "I'm not blaming you one mite, Hans," he said, "but I had to have flour and bacon, and all I had was twenty dollars gold that Ruddy owed me. So I says, 'Jenny, I'll step over to Ruddy's shack and ask him for that money.' She says, 'Think you'd better?' and I says, 'Sure.' So she puts me up a snack of lunch, and I takes my rifle and starts. Ruddy was in his ditch (having shovelled out the snow), and I says, 'Ruddy, how about that twenty?' You all know what a nice hearty way Ruddy had with him--outside. He slaps his thigh, and laughs, and looks astonished, and then he says: 'My Gawd, Lou, if I hadn't clean forgot! Now ain't that funny?' So I laughs, too, and says, 'It do seem kind of funny, and how about it?' 'Now, Lou,' says he, 'you've come on me sudden, and caught me awkward. I ain't got a dime's worth of change.

But tell you what: I'll give you a check.'

"I says, 'On what bank?'

"He says, 'Oh, Hans over at the store--_he_ knows me--'"

All eyes were turned on the German. Lou Garou continued:

"Ruddy says: 'Hans da.s.sen't not cash it. He's scared of me, the pot-bellied old fool."

The stout German blinked behind his horn spectacles. He feared neither G.o.d nor man, but he was very patient. He made no remark.

"'If Hans won't,' says Ruddy, 'Stewart sure will!'"

The foreman of the jury rose like a spring slowly uncoiling. He looked like a snake ready to strike. "May I inquire," he drawled, "what reason the late lamented gave for supposing that I would honor his wuffless paper?"

Lou Garou sniffled with embarra.s.sment and looked appealingly at the judge.

"Tell him," ordered the latter.

"Mind, then," said Lou Garou, "it was him said it, not me."

"What was said?" glinted the foreman.

"Something," said Lou Garou in a small still voice like that which is said to appertain to conscience, "something about him having give you a terrible lickin' once, that you'd never got over. He says, 'If Stewart won't cash it, tell him I'll step over and kick the stuffin' out of him.'"

The juror on the left end of the front row stood up.

"Did he say anything about me?" he asked.

"Nothin' particular, Jimmy," said Lou Garou. "He only said somethin'

general, like 'them bally-washed hawgs over to the Central Store,' I think it was."

"The court," said the judge stiffly, "knows the deceased to have been a worthless braggart. Proceed with your story."

"Long and short of it was," said Lou Garou, "we arranged that Ruddy himself was to get the check cashed and bring me the money the next Thursday. He swears on his honor he won't keep me waitin' no longer. So I steps off and eats my lunch, and goes home and tells Jenny how it was.

"'Hope you get it,' says she. 'I know _him._'

"It so happened," continued Lou Garou, "Thursday come, and no Ruddy. No Ruddy, Friday. Sat.u.r.day I see the weather was bankin' up black for snow, so I says: 'Jenny, it's credit or bust. I'll step up to the store and talk to Hans.' So Jenny puts me up a snack of lunch, and I goes to see Hans. Hans," said Lou Garou, addressing that juror directly, "did I or didn't I come to see you that Sat.u.r.day?"

Hans nodded.

"Did you or didn't you let me have some flour and bacon on tick?"

"I did nod," said Hans.

Lou Garou turned once more to the judge. "So I goes home," he said, "and finds my chairs broke, and my table upside down, and the dishes broke, and Jenny gone."

There was a mild sensation in the court.

"I casts about for signs, and pretty soon I finds a wisp of red hair, roots an' all, I says, 'Ruddy's hair,' I says. 'He's bin and gone.'

"So I takes my gun and starts for Ruddy's, over the mountain. It's hours shorter than by the valley, for them that has good legs.

"I was goin' down the other side of the mountain when it seems to me I hears voices. I bears to the left, and looks down the mountain, and yonder I sees a man and a woman on the valley path to Ruddy's. The man he wants the woman to go on. The woman she wants to go back. I can hear their voices loud and mad, but not their words. Pretty soon Ruddy he takes Jenny by the arm and twists it--very slow--tighter and tighter.

She sinks to the ground. He goes on twistin'. Pretty soon she indicates that she has enough. He helps her up with a kick, and they goes on."

The foreman of the jury rose. "Your honor," he said, "it is an obvious case of _raptae puellae_. In my opinion the prisoner was more than justified in shooting the man Ruddy Boyd like a dog."

"Sit down," said the judge.