by Various
"They were all talking at once. I couldn't be sure."
"Why did you go to the hay-stack?"
"Because they said something about my hay-stack, and I wanted to find out, if I could."
"Did you not write their names on a paper and give it to this gentleman? Remember you are on oath, Mrs. Sproud."
By this time a smile was playing on the features of Jenks, and he and Bishop Meakum talked no longer together, but sat back to watch the woman's extraordinary attempt to undo her work. It was shrewd, very shrewd, in her to volunteer as our witness instead of as theirs. She was ready for the paper question, evidently.
"I wrote--" she began, but Rocklin interrupted.
"On oath, remember!" he repeated, finding himself cross-examining his own witness. "The names you wrote are the names of these prisoners here before the court. They were traced as the direct result of your information. They have been identified by three or four persons. Do you mean to say you did not know who they were?"
"I did not know," said Mrs. Sproud, firmly. "As for the paper, I acted hasty. I was a woman, alone, and none to consult or advise me. I thought I would get in trouble if I did not tell about such goings on, and I just wrote the names of Will--of the boys that came round there all the time, thinking it was most likely them. I didn't see him, and I didn't make out surely it was his voice. I wasn't sure enough to come out and ask what they were up to. I didn't stop to think of the harm I was doing on guess-work."
For the first time the note of remorse conquered in her voice. I saw how desperation at what she had done when she thought her love was cured was now bracing the woman to this audacity.
"Remember," said Rocklin, "the gold was also found as the direct result of your information. It was you who told Major Pidcock in the ambulance about the seven sacks."
"I never said anything about seven sacks."
This falsehood was a master-stroke, for only half a sack had been found. She had not written this down. There was only the word of Pidcock and me to vouch for it, while against us stood her denial, and the actual quantity of gold.
"I have no further questions," said Rocklin.
"But I have," said Jenks. And then he made the most of Mrs. Sproud, although many in the room were laughing, and she herself, I think, felt she had done little but sacrifice her own character without repairing the injury she had done black curly. Jenks made her repeat that she was frightened; not calm enough to be sure of voices, especially many speaking together; that she had seen no one throughout. He even attempted to show that the talk about the hay-stack might have been purely about hay, and that the half-sack of gold might have been put there at another time--might belong to some honest man this very moment.
"Did you ever know the young man who boarded with you to do a dishonorable thing?" inquired Jenks. "Did you not have the highest opinion of him?"
She had not expected a question like this. It nearly broke the woman down. She put her hand to her breast, and seemed afraid to trust her voice. "I have the highest opinion of him," she said, word painfully following word. "He--he used to know that."
"I have finished," said Jenks.
"Can I go?" asked the witness, and the attorneys bowed. She stood one hesitating moment in the witness-stand, and she looked at the jury and the court; then, as if almost in dread, she let her eyes travel to black curly. But his eyes were sullenly averted. Then Mrs. Sproud slowly made her way through the room, with one of the saddest faces I have ever seen, and the door closed behind her.
We finished our case with all the prisoners identified, and some of them doubly. The defence was scarcely more than a sham. The flimsy alibis were destroyed even by the incompetent, unready Rocklin, and when the charge came blackness fell upon the citizens of Tucson. The judge's cold statements struck them as partisan, and they murmured and looked darkly at him. But the jury, with its Meakums, wore no expression at all during any of his remarks. Their eyes were upon him, but entirely fishlike. He dismissed the cumbersome futilities one by one. "Now three witnesses have between them recognized all the prisoners but one," he continued. "That one, a reputed pauper, paid several hundred dollars of debts in gold the morning after the robbery. The money is said to be the proceeds of a cattle sale. No cattle have ever been known to belong to this man, and the purchaser had never been known to have any income until this trial began. The prisoner's name was on Mrs. Sproud's paper. The statement of one witness that he sat on a stone and saw three other of the prisoners firing has been contradicted by a woman who described herself as having run away at once; it is supported by two men who are admitted by all to have remained, and in consequence been shot. Their statements have been assailed by no one. Their testimony stands on the record unimpeached. They have identified five prisoners. If you believe them--and remember that not a word they said has been questioned--" here the judge emphasized more and more clearly. He concluded with the various alternatives of fact according to which the jury must find its several possible verdicts. When he had finished, the room sat sullen and still, and the twelve went out. I am told that they remained ten minutes away. It seemed one to me.
When they had resumed their seats I noticed the same fishlike oracular eye in most of them unchanged. "Not guilty," said the foreman.
"What!" shouted the judge, startled out of all judicial propriety. "None of 'em?"
"Not guilty," monotonously repeated the foreman.
We were silent amid the din of triumph now raised by Tucson. In the laughter, the hand-shaking, the shouting, and the jubilant pistol-shots that some particularly free spirit fired in the old Cathedral Square, we went to our dinner; and not even Stirling could joke. "There's a certain natural justice done here in spite of them," he said. "They are not one cent richer for all their looted twenty-eight thousand. They come out free, but penniless."
"How about Jenks and that jury?" said I. And Stirling shrugged his shoulders.
But we had yet some crowning impudence to learn. Later, in the street, the officers and I met the prisoners, their witnesses, and their counsel emerging from a photographer's studio. The Territorial Delegate had been taken in a group with his acquitted thieves. The Bishop had declined to be in this souvenir.
"That's a picture I want," said I. "Only I'll be sorry to see your face there," I added to black curly.
"Indeed!" put in Jenks.
"Yes," said I. "You and he do not belong in the same class. By-the-way, Mr. Jenks, I suppose you'll return their horses and saddles now?"
Too many were listening for him to lose his temper, and he did a sharp thing. He took this public opportunity for breaking some news to his clients. "I had hoped to," he said; "that is, as many as were not needed to defray necessary costs. But it's been an expensive suit, and I've found myself obliged to sell them all. It's little enough to pay for clearing your character, boys."
They saw through his perfidy to them, and that he had them checkmated. Any protest from them would be a confession of their theft. Yet it seemed an unsafe piece of villany in Jenks.
"They look disappointed," I remarked. "I shall value the picture very highly."
"If that's Eastern sarcasm," said Jenks, "it's beyond me."
"No, Mr. Jenks," I answered. "In your presence sarcasm drops dead. I think you'll prosper in politics."
But there I was wrong. There is some natural justice in these events, though I wish there were more. The jury, it is true, soon seemed oddly prosperous, as Stirling wrote me afterwards. They painted their houses; two of them, who had generally walked before, now had wagons; and in so many of their gardens and small ranches did the plants and fruits increase that, as Stirling put it, they had evidently sowed their dollars. But upon Jenks Territorial displeasure did descend. He had stayed away too much from Washington. A pamphlet appeared with the title, "What Luke Jenks Has Done for Arizona." Inside were twenty blank pages, and he failed of re-election.
Furthermore, the government retaliated upon this district by abandoning Camp Thomas and Lo
well Barracks, those important sources of revenue for the neighborhood. The brief boom did not help Tucson very long, and left it poorer than ever.
At the station I saw Mrs. Sproud and black curly, neither speaking to the other. It was plain that he had utterly done with her, and that she was too proud even to look at him. She went West, and he as far east as Willcox. Neither one have I ever seen again.
But I have the photograph, and I sometimes wonder what has happened to black curly. Arizona is still a Territory; and when I think of the Gila Valley and of the Boy Orator, I recall Bishop Meakum's remark about our statesmen at Washington: "You can divide them birds in two lots--those who know better, and those who don't. D'you follow me?"
Contents
HANK'S WOMAN
By Owen Wister
I
Many fish were still in the pool; and though luck seemed to have left me, still I stood at the end of the point, casting and casting my vain line, while the Virginian lay and watched. Noonday's extreme brightness had left the river and the plain in cooling shadow, but spread and glowed over the yet undimmed mountains. Westward, the Tetons lifted their peaks pale and keen as steel through the high, radiant air. Deep down between the blue gashes of their canons the sun sank long shafts of light, and the glazed laps of their snow-fields shone separate and white upon their lofty vastness, like handkerchiefs laid out to dry. Opposite, above the valley, rose that other range, the Continental Divide, not sharp, but long and ample. It was bare in some high places, and below these it stretched everywhere, high and low, in brown and yellow parks, or in purple miles of pine a world of serene undulations, a great sweet country of silence.
A passing band of antelope stood herded suddenly together at sight of us; then a little breeze blew for a moment from us to them, and they drifted like phantoms away, and were lost in the levels of the sage-brush.
"If humans could do like that," said the Virginian, watching them go.
"Run, you mean?" said I.
"Tell a foe by the smell of him," explained the cow-puncher; "at fifty yards--or a mile."
"Yes," I said; "men would be hard to catch."
"A woman needs it most," he murmured. He lay down again in his lounging sprawl, with his grave eyes intently fixed upon my fly-casting.
The gradual day mounted up the hills farther from the floor of earth. Warm airs eddied in its wake slowly, stirring the scents of the plain together. I looked at the Southerner; and there was no guessing what his thoughts might be at work upon behind that drowsy glance. Then for a moment a trout rose, but only to look and whip down again into the pool that wedged its calm into the riffle from below
"Second thoughts," mused the Virginian; and as the trout came no more, "Second thoughts," he repeated; "and even a fish will have them sooner than folks has them in this mighty hasty country." And he rolled over into a new position of ease.
At whom or what was he aiming these shafts of truth? Or did he moralize merely because health and the weather had steeped him in that serenity which lifts us among the spheres? Well, sometimes he went on from these beginnings and told me wonderful things.
"I reckon," said he, presently, "that knowing when to change your mind would be pretty near knowledge enough for plain people."
Since my acquaintance with him--this was the second summer of it--I had come to understand him enough to know that he was unfathomable. Still, for a moment it crossed my thoughts that perhaps now he was discoursing about himself. He had allowed a jealous foreman to fall out with him at Sunk Creek ranch in the spring, during Judge Henry's absence. The man, having a brief authority, parted with him. The Southerner had chosen that this should be the means of ultimately getting the foreman dismissed and himself recalled. It was strategic. As he put it to me: "When I am gone, it will be right easy for the Judge to see which of us two he wants. And I'll not have done any talking." All of which duly befell in the autumn as he had planned: the foreman was sent off, his assistant promoted, and the Virginian again hired. But this was meanwhile. He was indulging himself in a several months' drifting, and while thus drifting he had written to me. That is how we two came to be on our way from the railroad to hunt the elk and the mountain-sheep, and were pausing to fish where Buffalo Fork joins its waters with Snake River. In those days the antelope still ran there in hundreds, the Yellowstone Park was a new thing, and mankind lived very far away. Since meeting me with the horses in Idaho the Virginian had been silent, even for him. So now I stood casting my fly, and trusting that he was not troubled with second thoughts over his strategy.
"Have yu' studded much about marriage?" he now inquired. His serious eyes met mine as he lay stretched along the ground.
"Not much," I said; "not very much."
"Let's swim," he said. "They have changed their minds."
Forthwith we shook off our boots and dropped our few clothes, and heedless of what fish we might now drive away, we went into the cool, slow, deep breadth of backwater which the bend makes just there. As he came up near me, shaking his head of black hair, the cowpuncher was smiling a little.
"Not that any number of baths," he remarked, "would conceal a man's objectionableness from an antelope--not even a she-one."
Then he went under water, and came up again a long way off.
We dried before the fire, without haste. To need no clothes is better than purple and fine linen. Then he tossed the flap-jacks, and I served the trout, and after this we lay on our backs upon a buffalo-hide to smoke and watch the Tetons grow more solemn, as the large stars opened out over the sky.
"I don't care if I never go home," said I.
The Virginian nodded. "It gives all the peace o' being asleep with all the pleasure o' feeling the widest kind of awake," said he. "Yu' might say the whole year's strength flows hearty in every waggle of your thumb." We lay still for a while. "How many things surprise yu' any more?" he next asked.
I began considering; but his silence had at length worked round to speech.
"Inventions, of course," said he, "these hyeh telephones an' truck yu' see so much about in the papers--but I ain't speaking o' such things of the brain. It is just the common things I mean. The things that a livin', noticin' man is liable to see and maybe sample for himself. How many o' them kind can surprise yu' still?"
I still considered.
"Most everything surprised me onced," the cow-puncher continued, in his gentle Southern voice. "I must have been a mighty green boy. Till I was fourteen or fifteen I expect I was astonished by ten o'clock every morning. But a man begins to ketch on to folks and things after a while. I don't consideh that when--that afteh a man is, say twenty-five, it is creditable he should get astonished too easy. And so yu've not examined yourself that-away?"
I had not.
"Well, there's two things anyway--I know them for sure--that I expect will always get me--don't care if I live to thirty-five, or forty-five, or eighty. And one's the ways lightning can strike." He paused. Then he got up and kicked the fire, and stood by it, staring at me. "And the other is the people that other people will marry."
He stopped again; and I said nothing.
"The people that other people will marry," he repeated. "That will surprise me till I die."
"If my sympathy--" I began.
But the brief sound that he gave was answer enough, and more than enough cure for my levity.
"No," said he, reflectively; "not any such thing as a fam'ly for me, yet. Never, it may be. Not till I can't help it. And that woman has not come along so far. But I have been sorry for a woman lately. I keep thinking what she will do. For she will have to do something. Do yu' know Austrians? Are they quick in their feelings, like I-talians? Or are they apt to be sluggish, same as Norwegians and them other Dutch-speakin' races?"
I told him what little I knew about Austrians.
"This woman is the first I have ever saw of 'em," he continued. "Of course men will stampede into marriage in this hyeh Western country, where a woman is a scanty thing. It ain
't what Hank has done that surprises me. And it is not on him that the sorrow will fall. For she is good. She is very good. Do yu' remember little black Hank? From Texas he claims he is. He was working on the main ditch over at Sunk Creek last summer when that Em'ly hen was around. Well, seh, yu' would not have pleasured in his company. And this year Hank is placer-mining on Galena Creek, where we'll likely go for sheep. There's Honey Wiggin and a young fello' named Lin McLean, and some others along with the outfit. But Hank's woman will not look at any of them, though the McLean boy is a likely hand. I have seen that; for I have done a right smart o' business that-a-way myself, here and there. She will mend their clothes for them, and she will cook lunches for them any time o' day, and her conduct gave them hopes at the start. But I reckon Austrians have good religion."
"No better than Americans," said I.
But the Virginian shook his head. "Better'n what I've saw any Americans have. Of course I am not judging a whole nation by one citizen, and especially her a woman. And of course in them big Austrian towns the folks has shook their virtuous sayin's loose from their daily doin's, same as we have. I expect selling yourself brings the quickest returns to man or woman all the world over. But I am speakin' not of towns, but of the back country, where folks don't just merely arrive on the cyars, but come into the world the natural way, and grow up slow. Onced a week anyway they see the bunch of old grave-stones that marks their fam'ly. Their blood and name are knowed about in the neighborhood, and it's not often one of such will sell themselves. But their religion ain't to them like this woman's. They can be rip-snortin' or'tn'ary in ways. Now she is getting naught but hindrance and temptation and meanness from her husband and every livin' thing around her--yet she keeps right along, nor does she mostly bear any signs in her face. She has cert'nly come from where they are used to believing in God and a hereafter mighty hard, and all day long. She has got one o' them crucifixes, and Hank can't make her quit prayin' to it. But what is she going to do?"