"Don't lose yo' nerve, Rufe," said the jailer, and the old laugh of defiance came, but from lips that were dry.

"Not much," he answered grimly, but the jailer noticed that while he ate, his eyes kept turning again and again to the bars; and the turnkey went away shaking his head. Rufe had told the jailer, his one friend through whom he had kept in constant communication with the Tollivers, how on the night after the shooting of Mockaby, when he lay down to sleep high on the mountain side and under some rhododendron bushes, a flock of little birds flew in on him like a gust of rain and perched over and around him, twittering at him until he had to get up and pace the woods, and how, throughout the next day, when he sat in the sun planning his escape, those birds would sweep chattering over his head and sweep chattering back again, and in that mood of despair he had said once, and only once: "Somehow I knowed this time my name was Dennis"--a phrase of evil prophecy he had picked up outside the hills. And now those same birds of evil omen had come again, he believed, right on the heels of the last sworn oath old Judd had sent him that he would never hang.

With the day, through mountain and valley, came in converging lines mountain humanity--men and women, boys and girls, children and babes in arms; all in their Sunday best--the men in jeans, slouched hats, and high boots, the women in gay ribbons and brilliant home-spun; in wagons, on foot and on horses and mules, carrying man and man, man and boy, lover and sweetheart, or husband and wife and child--all moving through the crisp autumn air, past woods of russet and crimson and along brown dirt roads, to the straggling little mountain town. A stranger would have thought that a county fair, a camp-meeting, or a circus was their goal, but they were on their way to look upon the Court House with its black port-holes, the graystone jail, the tall wooden box, the projecting beam, and that dangling rope which, when the wind moved, swayed gently to and fro. And Hale had forged his plan. He knew that there would be no attempt at rescue until Rufe was led to the scaffold, and he knew that neither Falins nor Tollivers would come in a band, so the incoming tide found on the outskirts of the town and along every road boyish policemen who halted and disarmed every man who carried a weapon in sight, for thus John Hale would have against the pistols of the factions his own Winchesters and repeating shot-guns. And the wondering people saw at the back windows of the Court House and at the threatening port-holes more youngsters manning Winchesters, more at the windows of the jailer's frame house, which joined and fronted the jail, and more still--a line of them--running all around the jail; and the old men wagged their heads in amazement and wondered if, after all, a Tolliver was not really going to be hanged.

So they waited--the neighbouring hills were black with people waiting; the housetops were black with men and boys waiting; the trees in the streets were bending under the weight of human bodies; and the jail-yard fence was three feet deep with people hanging to it and hanging about one another's necks--all waiting. All morning they waited silently and patiently, and now the fatal noon was hardly an hour away and not a Falin nor a Tolliver had been seen. Every Falin had been disarmed of his Winchester as he came in, and as yet no Tolliver had entered the town, for wily old Judd had learned of Hale's tactics and had stayed outside the town for his own keen purpose. As the minutes pa.s.sed, Hale was beginning to wonder whether, after all, old Judd had come to believe that the odds against him were too great, and had told the truth when he set afoot the rumour that the law should have its way; and it was just when his load of anxiety was beginning to lighten that there was a little commotion at the edge of the Court House and a great red-headed figure pushed through the crowd, followed by another of like build, and as the people rapidly gave way and fell back, a line of Falins slipped along the wall and stood under the port-holes-quiet, watchful, and determined. Almost at the same time the crowd fell back the other way up the street, there was the hurried tramping of feet and on came the Tollivers, headed by giant Judd, all armed with Winchesters--for old Judd had sent his guns in ahead--and as the crowd swept like water into any channel of alley or doorway that was open to it, Hale saw the yard emptied of everybody but the line of Falins against the wall and the Tollivers in a body but ten yards in front of them. The people on the roofs and in the trees had not moved at all, for they were out of range.

For a moment old Judd's eyes swept the windows and port-holes of the Court House, the windows of the jailer's house, the line of guards about the jail, and then they dropped to the line of Falins and glared with contemptuous hate into the leaping blue eyes of old Buck Falin, and for that moment there was silence. In that silence and as silently as the silence itself issued swiftly from the line of guards twelve youngsters with Winchesters, repeating shot-guns, and in a minute six were facing the Falins and six facing the Tollivers, each with his shot-gun at his hip. At the head of them stood Hale, his face a pale image, as hard as though cut from stone, his head bare, and his hand and his hip weaponless. In all that crowd there was not a man or a woman who had not seen or heard of him, for the power of the guard that was at his back had radiated through that wild region like ripples of water from a dropped stone and, unarmed even, he had a personal power that belonged to no other man in all those hills, though armed to the teeth. His voice rose clear, steady, commanding:

"The law has come here and it has come to stay." He faced the beetling eyebrows and angrily working beard of old Judd now:

[Ill.u.s.tration: "We'll fight you both!", 0370]

"The Falins are here to get revenge on you Tollivers, if you attack us.

I know that. But"--he wheeled on the Falins--"understand! We don't want your help! If the Tollivers try to take that man in there, and one of you Falins draws a pistol, those guns there"--waving his hand toward the jail windows--"will be turned loose on YOU, WE'LL FIGHT YOU BOTH!" The last words shot like bullets through his gritted teeth, then the flash of his eyes was gone, his face was calm, and as though the whole matter had been settled beyond possible interruption, he finished quietly:

"The condemned man wishes to make a confession and to say good-by.

In five minutes he will be at that window to say what he pleases. Ten minutes later he will be hanged." And he turned and walked calmly into the jailer's door. Not a Tolliver nor a Falin made a movement or a sound. Young Dave's eyes had glared savagely when he first saw Hale, for he had marked Hale for his own and he knew that the fact was known to Hale. Had the battle begun then and there, Hale's death was sure, and Dave knew that Hale must know that as well as he: and yet with magnificent audacity, there he was--unarmed, personally helpless, and invested with an insulting certainty that not a shot would be fired. Not a Falin or a Tolliver even reached for a weapon, and the fact was the subtle tribute that ignorance pays intelligence when the latter is forced to deadly weapons as a last resort; for ignorance faced now belching shot-guns and was commanded by rifles on every side. Old Judd was trapped and the Falins were stunned. Old Buck Falin turned his eyes down the line of his men with one warning glance. Old Judd whispered something to a Tolliver behind him and a moment later the man slipped from the band and disappeared. Young Dave followed Hale's figure with a look of baffled malignant hatred and Bub's eyes were filled with angry tears. Between the factions, the grim young men stood with their guns like statues.

At once a big man with a red face appeared at one of the jailer's windows and then came the sheriff, who began to take out the sash.

Already the frightened crowd had gathered closer again and now a hush came over it, followed by a rustling and a murmur. Something was going to happen. Faces and gun-muzzles thickened at the port-holes and at the windows; the line of guards turned their faces sidewise and upward; the crowd on the fence scuffled for better positions; the people in the trees craned their necks from the branches or climbed higher, and there was a great sc.r.a.ping on all the roofs. Even the black crowd out on the hills seemed to catch the excitement and to sway, while spots of intense blue and vivid crimson came out here and there from the blackness when the women rose from their seats on the ground. Then--sharply--there was silence. The sheriff disappeared, and shut in by the sashless window as by a picture frame and blinking in the strong light, stood a man with black hair, cropped close, face pale and worn, and hands that looked white and thin--stood bad Rufe Tolliver.

He was going to confess--that was the rumour. His lawyers wanted him to confess; the preacher who had been singing hymns with him all morning wanted him to confess; the man himself said he wanted to confess; and now he was going to confess. What deadly mysteries he might clear up if he would! No wonder the crowd was eager, for there was no soul there but knew his record--and what a record! His best friends put his victims no lower than thirteen, and there looking up at him were three women whom he had widowed or orphaned, while at one corner of the jail-yard stood a girl in black--the sweetheart of Mockaby, for whose death Rufe was standing where he stood now. But his lips did not open. Instead he took hold of the side of the window and looked behind him. The sheriff brought him a chair and he sat down. Apparently he was weak and he was going to wait a while. Would he tell how he had killed one Falin in the presence of the latter's wife at a wild bee tree; how he had killed a sheriff by dropping to the ground when the sheriff fired, in this way dodging the bullet and then shooting the officer from where he lay supposedly dead; how he had thrown another Falin out of the Court House window and broken his neck--the Falin was drunk, Rufe always said, and fell out; why, when he was constable, he had killed another--because, Rufe said, he resisted arrest; how and where he had killed Red-necked Johnson, who was found out in the woods? Would he tell all that and more? If he meant to tell there was no sign. His lips kept closed and his bright black eyes were studying the situation; the little squad of youngsters, back to back, with their repeating shot-guns, the line of Falins along the wall toward whom protruded six shining barrels, the huddled crowd of Tollivers toward whom protruded six more--old Judd towering in front with young Dave on one side, tense as a leopard about to spring, and on the other Bub, with tears streaming down his face. In a flash he understood, and in that flash his face looked as though he had been suddenly struck a heavy blow by some one from behind, and then his elbows dropped on the sill of the window, his chin dropped into his hands and a murmur arose. Maybe he was too weak to stand and talk--perhaps he was going to talk from his chair. Yes, he was leaning forward and his lips were opening, but no sound came. Slowly his eyes wandered around at the waiting people--in the trees, on the roofs and the fence--and then they dropped to old Judd's and blazed their appeal for a sign. With one heave of his mighty chest old Judd took off his slouch hat, pressed one big hand to the back of his head and, despite that blazing appeal, kept it there. At that movement Rufe threw his head up as though his breath had suddenly failed him, his face turned sickening white, and slowly again his chin dropped into his trembling hands, and still unbelieving he stared his appeal, but old Judd dropped his big hand and turned his head away. The condemned man's mouth twitched once, settled into defiant calm, and then he did one kindly thing. He turned in his seat and motioned Bob Berkley, who was just behind him, away from the window, and the boy, to humour him, stepped aside. Then he rose to his feet and stretched his arms wide.

Simultaneously came the far-away crack of a rifle, and as a jet of smoke spurted above a clump of bushes on a little hill, three hundred yards away, Bad Rufe wheeled half-way round and fell back out of sight into the sheriff's arms. Every Falin made a nervous reach for his pistol, the line of gun-muzzles covering them wavered slightly, but the Tollivers stood still and unsurprised, and when Hale dashed from the door again, there was a grim smile of triumph on old Judd's face. He had kept his promise that Rufe should never hang.

"Steady there," said Hale quietly. His pistol was on his hip now and a Winchester was in his left hand.

"Stand where you are--everybody!"

There was the sound of hurrying feet within the jail. There was the clang of an iron door, the bang of a wooden one, and in five minutes from within the tall wooden box came the sharp click of a hatchet and then--dully:

"T-H-O-O-MP!" The dangling rope had tightened with a snap and the wind swayed it no more.

At his cell door the Red Fox stood with his watch in his hand and his eyes glued to the second-hand. When it had gone three times around its circuit, he snapped the lid with a sigh of relief and turned to his hammock and his Bible.

"He's gone now," said the Red Fox.

Outside Hale still waited, and as his eyes turned from the Tollivers to the Falins, seven of the faces among them came back to him with startling distinctness, and his mind went back to the opening trouble in the county-seat over the Kentucky line, years before--when eight men held one another at the points of their pistols. One face was missing, and that face belonged to Rufe Tolliver. Hale pulled out his watch.

"Keep those men there," he said, pointing to the Falins, and he turned to the bewildered Tollivers.

"Come on, Judd," he said kindly--"all of you."

Dazed and mystified, they followed him in a body around the corner of the jail, where in a coffin, that old Jadd had sent as a blind to his real purpose, lay the remains of Bad Rufe Tolliver with a harmless bullet hole through one shoulder. Near by was a wagon and hitched to it were two mules that Hale himself had provided. Hale pointed to it:

"I've done all I could, Judd. Take him away. I'll keep the Falins under guard until you reach the Kentucky line, so that they can't waylay you."

If old Judd heard, he gave no sign. He was looking down at the face of his foster-brother--his shoulder drooped, his great frame shrunken, and his iron face beaten and helpless. Again Hale spoke:

"I'm sorry for all this. I'm even sorry that your man was not a better shot."

The old man straightened then and with a gesture he motioned young Dave to the foot of the coffin and stooped himself at the head. Past the wagon they went, the crowd giving way before them, and with the dead Tolliver on their shoulders, old Judd and young Dave pa.s.sed with their followers out of sight.

x.x.x

The longest of her life was that day to June. The anxiety in times of war for the women who wait at home is vague because they are mercifully ignorant of the dangers their loved ones run, but a specific issue that involves death to those loved ones has a special and poignant terror of its own. June knew her father's plan, the precise time the fight would take place, and the especial danger that was Hale's, for she knew that young Dave Tolliver had marked him with the first shot fired. Dry-eyed and white and dumb, she watched them make ready for the start that morning while it was yet dark; dully she heard the horses snorting from the cold, the low curt orders of her father, and the exciting mutterings of Bub and young Dave; dully she watched the saddles thrown on, the pistols buckled, the Winchesters caught up, and dully she watched them file out the gate and ride away, single file, into the cold, damp mist like ghostly figures in a dream. Once only did she open her lips and that was to plead with her father to leave Bub at home, but her father gave her no answer and Bub snorted his indignation--he was a man now, and his now was the privilege of a man. For a while she stood listening to the ring of metal against stone that came to her more and more faintly out of the mist, and she wondered if it was really June Tolliver standing there, while father and brother and cousin were on their way to fight the law--how differently she saw these things now--for a man who deserved death, and to fight a man who was ready to die for his duty to that law--the law that guarded them and her and might not perhaps guard him: the man who had planted for her the dew-drenched garden that was waiting for the sun, and had built the little room behind her for her comfort and seclusion; who had sent her to school, had never been anything but kind and just to her and to everybody--who had taught her life and, thank G.o.d, love. Was she really the June Tolliver who had gone out into the world and had held her place there; who had conquered birth and speech and customs and environment so that none could tell what they all once were; who had become the lady, the woman of the world, in manner, dress, and education: who had a gift of music and a voice that might enrich her life beyond any dream that had ever sprung from her own brain or any that she had ever caught from Hale's? Was she June Tolliver who had been and done all that, and now had come back and was slowly sinking back into the narrow grave from which Hale had lifted her? It was all too strange and bitter, but if she wanted proof there was her step-mother's voice now--the same old, querulous, nerve-racking voice that had embittered all her childhood--calling her down into the old mean round of drudgery that had bound forever the horizon of her narrow life just as now it was shutting down like a sky of bra.s.s around her own. And when the voice came, instead of bursting into tears as she was about to do, she gave a hard little laugh and she lifted a defiant face to the rising sun. There was a limit to the sacrifice for kindred, brother, father, home, and that limit was the eternal sacrifice--the eternal undoing of herself: when this wretched terrible business was over she would set her feet where that sun could rise on her, busy with the work that she could do in that world for which she felt she was born. Swiftly she did the morning ch.o.r.es and then she sat on the porch thinking and waiting. Spinning wheel, loom, and darning needle were to lie idle that day. The old step-mother had gotten from bed and was dressing herself--miraculously cured of a sudden, miraculously active.

She began to talk of what she needed in town, and June said nothing. She went out to the stable and led out the old sorrel-mare. She was going to the hanging.

"Don't you want to go to town, June?"

"No," said June fiercely.

"Well, you needn't git mad about it--I got to go some day this week, and I reckon I might as well go ter-day." June answered nothing, but in silence watched her get ready and in silence watched her ride away. She was glad to be left alone. The sun had flooded Lonesome Cove now with a light as rich and yellow as though it were late afternoon, and she could yet tell every tree by the different colour of the banner that each yet defiantly flung into the face of death. The yard fence was festooned with dewy cobwebs, and every weed in the field was hung with them as with flashing jewels of exquisitely delicate design: Hale had once told her that they meant rain. Far away the mountains were overhung with purple so deep that the very air looked like mist, and a peace that seemed motherlike in tenderness brooded over the earth. Peace!

Peace--with a man on his way to a scaffold only a few miles away, and two bodies of men, one led by her father, the other by the man she loved, ready to fly at each other's throats--the one to get the condemned man alive, the other to see that he died. She got up with a groan. She walked into the garden. The gra.s.s was tall, tangled, and withering, and in it dead leaves lay everywhere, stems up, stems down, in reckless confusion. The scarlet sage-pods were brown and seeds were dropping from their tiny gaping mouths. The marigolds were frost-nipped and one lonely black-winged b.u.t.terfly was vainly searching them one by one for the lost sweets of summer. The gorgeous crowns of the sun-flowers were nothing but grotesque black mummy-heads set on lean, dead bodies, and the clump of big castor-plants, buffeted by the wind, leaned this way and that like giants in a drunken orgy trying to keep one another from falling down. The blight that was on the garden was the blight that was in her heart, and two bits of cheer only she found--one yellow nasturtium, scarlet-flecked, whose fragrance was a memory of the spring that was long gone, and one little cedar tree that had caught some dead leaves in its green arms and was firmly holding them as though to promise that another spring would surely come. With the flower in her hand, she started up the ravine to her dreaming place, but it was so lonely up there and she turned back. She went into her room and tried to read. Mechanically, she half opened the lid of the piano and shut it, horrified by her own act. As she pa.s.sed out on the porch again she noticed that it was only nine o'clock. She turned and watched the long hand--how long a minute was! Three hours more! She shivered and went inside and got her bonnet--she could not be alone when the hour came, and she started down the road toward Uncle Billy's mill. Hale! Hale!

Hale!--the name began to ring in her ears like a bell. The little shacks he had built up the creek were deserted and gone to ruin, and she began to wonder in the light of what her father had said how much of a tragedy that meant to him. Here was the spot where he was fishing that day, when she had slipped down behind him and he had turned and seen her for the first time. She could recall his smile and the very tone of his kind voice:

"Howdye, little girl!" And the cat had got her tongue. She remembered when she had written her name, after she had first kissed him at the foot of the beech--"June HAIL," and by a grotesque mental leap the beating of his name in her brain now made her think of the beating of hailstones on her father's roof one night when as a child she had lain and listened to them. Then she noticed that the autumn shadows seemed to make the river darker than the shadows of spring--or was it already the stain of dead leaves? Hale could have told her. Those leaves were floating through the shadows and when the wind moved, others zig-zagged softly down to join them. The wind was helping them on the water, too, and along came one brown leaf that was shaped like a tiny trireme--its stem acting like a rudder and keeping it straight before the breeze--so that it swept past the rest as a yacht that she was once on had swept past a fleet of fishing sloops. She was not unlike that swift little ship and thirty yards ahead were rocks and shallows where it and the whole fleet would turn topsy-turvy--would her own triumph be as short and the same fate be hers? There was no question as to that, unless she took the wheel of her fate in her own hands and with them steered the ship. Thinking hard, she walked on slowly, with her hands behind her and her eyes bent on the road. What should she do? She had no money, her father had none to spare, and she could accept no more from Hale. Once she stopped and stared with unseeing eyes at the blue sky, and once under the heavy helplessness of it all she dropped on the side of the road and sat with her head buried in her arms--sat so long that she rose with a start and, with an apprehensive look at the mounting sun, hurried on. She would go to the Gap and teach; and then she knew that if she went there it would be on Hale's account. Very well, she would not blind herself to that fact; she would go and perhaps all would be made up between them, and then she knew that if that but happened, nothing else could matter...

When she reached the miller's cabin, she went to the porch without noticing that the door was closed. n.o.body was at home and she turned listlessly. When she reached the gate, she heard the clock beginning to strike, and with one hand on her breast she breathlessly listened, counting--"eight, nine, ten, eleven"--and her heart seemed to stop in the fraction of time that she waited for it to strike once more. But it was only eleven, and she went on down the road slowly, still thinking hard. The old miller was leaning back in a chair against the log side of the mill, with his dusty slouched hat down over his eyes. He did not hear her coming and she thought he must be asleep, but he looked up with a start when she spoke and she knew of what he, too, had been thinking.

Keenly his old eyes searched her white face and without a word he got up and reached for another chair within the mill.

"You set right down now, baby," he said, and he made a pretence of having something to do inside the mill, while June watched the creaking old wheel dropping the sun-shot sparkling water into the swift sluice, but hardly seeing it at all. By and by Uncle Billy came outside and sat down and neither spoke a word. Once June saw him covertly looking at his watch and she put both hands to her throat--stifled.

"What time is it, Uncle Billy?" She tried to ask the question calmly, but she had to try twice before she could speak at all and when she did get the question out, her voice was only a broken whisper.

"Five minutes to twelve, baby," said the old man, and his voice had a gulp in it that broke June down. She sprang to her feet wringing her hands:

"I can't stand it, Uncle Billy," she cried madly, and with a sob that almost broke the old man's heart. "I tell you I can't stand it."

And yet for three hours more she had to stand it, while the cavalcade of Tollivers, with Rufe's body, made its slow way to the Kentucky line where Judd and Dave and Bub left them to go home for the night and be on hand for the funeral next day. But Uncle Billy led her back to his cabin, and on the porch the two, with old Hon, waited while the three hours dragged along. It was June who was first to hear the galloping of horses' hoofs up the road and she ran to the gate, followed by Uncle Billy and old Hon to see young Dave Tolliver coming in a run. At the gate he threw himself from his horse:

"Git up thar, June, and go home," he panted sharply. June flashed out the gate.

"Have you done it?" she asked with deadly quiet.

"Hurry up an' go home, I tell ye! Uncle Judd wants ye!"

She came quite close to him now.

"You said you'd do it--I know what you've done--you--" she looked as if she would fly at his throat, and Dave, amazed, shrank back a step.

"Go home, I tell ye--Uncle Judd's shot. Git on the hoss!"