“That is very bad shooting,” he said. He panted from the pain.
Nonetheless, when he began to work again he hummed a Mexican dance tune through his teeth. He halted the song only once, when something he did with the point of the knife made his leg straighten involuntarily, and made him grunt in spite of himself. After that his own hand trembled badly, but he took a breath and began to dig and sweat and hum again. It got so I couldn’t watch it either. I turned and looked for young Tetley instead, and saw him standing by a tree, leaning on it with one hand, his back to the fire. His father was watching him too.
There was a murmur, and I looked back, and the Mex had the bloody slug out and was holding it up for us to look at. When we had seen it he tossed it to Farnley.
“You should try again with that one,” he said.
Sparks brought some hot water to the Mex, and after propping the knife so the blade was in the coals, he began washing out the two wounds with a purple silk handkerchief he’d had around his neck. He took care of himself as carefully as if he still had a lifetime to go. Then, when the knife blade was hot enough, he drew it out of the fire and clapped it right against the wounds, one after the other. Each time his body stiffened, the muscles of his jaw and the veins of his neck protruded, and the sweat broke out over his face, but still he drew the knife away from the thigh wound slowly, as if it pleased him to take his time. He asked for some of the fat from the steaks, rubbed the grease over the burned cuts, and bound them with the purple kerchief and another from his pocket. Then he lit a cigarette and took it easy.
After inhaling twice, long and slow, he picked up the knife he’d used and tossed it over in front of the man who had lent it. He tossed it so it spun in the air and struck the ground point first with a chuck sound, and dug in halfway to the hilt. It struck within an inch of where the man’s boot had been, but he’d drawn off quickly when he saw it coming. The Mex grinned at him.
Martin and old Hardwick were bound again. Tetley told them they needn’t tie the Mex, he wouldn’t go far for a while. The Mex thanked him, grinning through the smoke of his cigarette.
But when Tetley began to question him about the gun, all he’d say was that he’d found it; that it was lying right beside the road, and he’d brought it along, thinking to meet somebody he could send it back with. When Tetley called him a liar, and repeated the questions, the Mex at first just said the same thing, and then suddenly became angry and stubborn-looking, called Tetley a blind fool, lit another cigarette, and said no sabbey as he had at first. Martin told the same story about the gun, that they’d found it lying by the west lane when they came out from Drew’s place, that all the cartridges had been in it, that he’d told the Mex to leave it because it was too far back to the ranch to take, but that the Mex had thought they might meet somebody who could return it. There wasn’t anything else to be had out of either of them.
The Mexican’s courage, and even, in a way, young Martin’s pride in the matter of the letter, had won them much sympathy, and I think we all believed now that the old man was really a pitiful fool, but whatever we thought, there was an almost universal determination to finish the job now. The gun was a clincher with us.
All but Davies. Davies was trying to get other men to read the letter. He maintained stronger than ever that young Martin was innocent, that Martin was not the kind of a man who could either steal or kill. He worked on those of us who had shown some sympathy with his ideas before. He tried hard not to let Tetley notice what he was doing, to stand naturally when he talked, and not to appear too earnest to a person who couldn’t hear him. But he didn’t make much headway. Most of the men had made up their minds, or felt that the rest had and that their own sympathy was reprehensible and should be concealed. That was the way I felt. None of us would look at the letter. When he came to us, telling us to read the letter, Gil said, “I don’t want to read the letter. It’s none of my business. You heard the kid; you ought to remember if anybody does.”
“Do you suppose it matters to his wife who sees this letter?” Davies said. “In her place which would you rather have, a live husband with some of his secrets with you revealed, or a dead husband and all your secrets still?
“I don’t like to pry any more than you do,” he insisted, “but you can’t put a life against a scruple. I tell you, if you’ll read this letter you’ll know he couldn’t have done it; not any of it. And if the letter’s a fake we have only to wait to know, don’t we?”
It wasn’t long until daylight, and the men hadn’t really settled down again, but were moving around in groups, talking and smoking. Still, I thought Tetley was watching us.
“That must be some letter,” Gil was saying.
Davies held it out to him. “Read it,” he pleaded.
“You get Martin to ask me to read it and I will,” Gil told him, grinning.
“Then you read it,” Davies said, turning to me. Gil was watching me, still grinning.
“No,” I said, “I’d rather not.” I was curious to read that letter, but I couldn’t, there, like that.
Davies stood and looked from one to the other of us, despairingly.
“Do you want that kid to hang?” he asked finally.
“You can’t change rustlin’ and murder,” Gil said.
“Never mind that,” Davies said. “Don’t think about anything but the way you really feel about it. Do you feel that you’d like to have that kid hanged; any of them, for that matter?”
“My feelings haven’t got anything to do with it,” Gil said.
Davies began to argue to show us that feelings did; that they were the real guide in a thing like this, when Tetley called out to him by name. Everyone looked at Tetley and Davies, and stopped moving around or talking.
“Don’t you know a trick when you see one, Davies?” Tetley asked him, for all of us to hear. “Or are you in on this?”
Davies retorted that he knew a trick as well as the next man, and that Tetley himself knew that this wasn’t any trick; yes, and that Tetley knew he’d had no part in any such games himself. He was defiant, and stated again, defiantly, his faith in the innocence of the three men. But he talked hurriedly, defensively, and finally stopped of his own accord at a point that was not a conclusion. Whatever else was weakening him, I believe he felt all the time that it was ugly to talk so before the men themselves, that his own defense sounded no prettier there than Tetley’s side. Then too, he had little support, and he knew it. He knew it so well that, when he had faltered to silence, and Tetley asked him, “Are you alone in this, Davies?” he said nothing.
“I think we’d better get this settled,” Tetley said. “We must act as a unit in a job like this. Then we need fear no mistaken reprisal. Are you content to abide by a majority decision, Davies?”
Davies looked him in the face, but even that seemed to be an effort. He wouldn’t say anything.
“How about the rest of you men?” Tetley asked, “Majority rule?”
There were sounds of assent. Nobody spoke out against it.
“It has to,” Ma said. “Among a bunch of pigheads like this you’d never get everybody to agree to anything.”
“We’ll vote,” Tetley said. “Everybody who is with Mr. Davies for putting this thing off and turning it over to the courts, step out here.” He pointed to a space among us on the south side of the fire.
Davies walked out there and stood. Nobody else came for a moment, and he flushed when Tetley smiled at him. Then Sparks shambled out too, but smiling apologetically. Then Gerald Tetley joined them. His fists were clenched as he felt the watching, and saw his father’s sardonic smile disappear slowly until his face was a stern mask. There was further movement, and some muttering, as Carl Bartlett and Moore stood out with them also. No more came.
“Five,” said Tetley. “Not a majority, I believe, Mr. Davies.”
He was disappointed that anyone had ventured to support Davies; I’m sure he hadn’t expected as many as four others. I know I hadn’t. And he
was furious that Gerald had been among them. But he spoke quietly and ironically, as if his triumph had been complete.
Davies nodded, and slowly put Martin’s letter away in his shirt pocket, under his waistcoat.
It was already getting light; the cabin and the trees could be seen clearly. There was no sunrise, but a slow leaking in of light from all quarters. The firelight no longer colored objects or faces near it. The faces were gray and tired and stern. We knew it was going to happen now, and yet, I believe, most of us still had a feeling it couldn’t. It had been delayed so long; we had argued so much. Only Tetley seemed entirely self-possessed; his face showed no signs of weariness or excitement.
He asked Martin if there was any other message he wished to leave. Martin shook his head. In this light his face looked hollow, pale, and without individuality. His mouth was trembling constantly, and he was careful not to talk. I hoped, for our sake as much as his, that he’d make the decent end he now had his will set on.
Sparks was talking to the old fool again, but he, seeing the actual preparations begin, was frightened sick once more, and babbled constantly in a hoarse, worn-out voice, about his innocence, his age and his not wanting to die. Again and again he begged Martin to do something. This, more than anything else, seemed to shake Martin. He wouldn’t look at old Hardwick, and pretended not to hear him.
We were surprised that the Mex wanted to make a confession, but he did. There wasn’t any priest, so Amigo was to hear the confession, and carry it to a priest the first time he could go himself. There couldn’t be any forgiveness, but it was the best they could do. They went down to the place where the sheds had stood, the Mex limping badly, and Amigo half carrying him along. Bartlett was stationed at a respectful distance as sentinel. We saw the Mex try to kneel, but he couldn’t, so he stood there confessing with his back to us. Occasionally his hands moved in gestures of apology, which seemed strange from him. Amigo was facing us; but, when he wants, Amigo has a face like a wooden Indian. If the Mex was saying anything we ought to know now, which was what we were all thinking, we couldn’t tell it from watching Amigo. He appeared merely to be intent upon remembering, in order that all the Mex’s sins might be reported and forgiven.
In his field-officer manner Tetley was directing. Farnley knotted and threw up three ropes, so they hung over the long branch with the three nooses in a row. Then others staked down the ends of the ropes. The three horses were brought up again, and held under the ropes.
Tetley appointed Farnley, Gabe Hart and Gerald to whip the horses out. It was all right with Farnley, but Gabe refused. He gave no excuse, but stood there immovable, shaking his head. I was surprised Tetley had picked him.
“Gabe’s not agin us, Mr. Tetley,” Winder apologized,—“he can’t stand to hurt anything. It would work on his mind.”
Tetley asked for a volunteer, and when no one else came forward Ma took the job. She was furious about it, though. Moore looked at Smith, and so did Tetley, but Smith pretended to be drunker than he really was. Really he was scared sober now.
When it seemed all settled, young Tetley, nearly choking, refused also.
“You’ll do it,” was all Tetley told him.
“I can’t, I tell you.”
“We’ll see to it you can.”
The boy stood there, very white, still shaking his head.
“It’s a necessary task,” Tetley told him, evenly. “Someone else must perform it if you fail. I think you owe it to the others, and to yourself, on several scores.”
The boy still shook his head stubbornly.
Moore, although he had refused on his own account, came over to Tetley and offered to relieve Gerald. “The boy’s seen too much already. You shouldn’t press him, man.”
Tetley’s face abruptly became bloodless; his mouth stretched downward, long and thin and hard, and his eyes glimmered with the fury he restrained. It was the first time I’d ever seen him let that nature show through, though I had felt always that it was there. He still spoke quietly though, and evenly.
“This is not your affair, Moore. Thank you just the same.”
Moore shrugged and turned his back on him. He was angry himself.
Tetley said to Gerald, “I’ll have no female boys bearing my name. You’ll do your part, and say nothing more.” He turned away, giving the boy no opportunity to reply.
“That must have been a very busy life,” he remarked, looking down where the Mex was still confessing to Amigo.
When at last the Mex was done and they came back up, and the three prisoners were stood in a row with their hands tied down, Martin said,
“I suppose it’s no use telling you again that we’re innocent?”
“No good,” Tetley assured him.
“It’s not for myself I’m asking,” Martin said.
“Other men have had families and have had to go for this sort of thing,” Tetley told him. “It’s too bad, but it’s not our fault.”
“You don’t care for justice,” Martin flared. “You don’t even care whether you’ve got the right men or not. You want your way, that’s all. You’ve lost something and somebody’s got to be punished; that’s all you know.”
When Tetley just smiled, Martin’s control broke again. “There’s nobody to take care of them; they’re in a strange place, they have nothing, and there’s nobody to take care of them. Can’t you understand that, you butcher? You’ve got to let me go; if there’s a spot of humanity in you, you’ve got to let me go. Send men with me if you want to; I’m not asking you to trust me; you wouldn’t trust anybody; your kind never will. Send men with me, then, but let me see them, let me arrange for them to go somewhere, for somebody to help them.”
Old Hardwick began to whimper and jabber aloud again, and finally buckled in the knees and fell forward on his face. The Mex looked straight ahead of him and spit with contempt. “This is fine company for a man to die with,” he said.
Martin started to yell something at the Mex, who was right beside him, but Mapes walked up to him and slapped him in the face. He slapped him hard, four times, so you could hear it like the crack of a lash. He paid no attention to protests or to Davies trying to hold his arm. After the fourth blow he waited to see if Martin would say anything more. He didn’t, but stood there, crying weakly and freely, great sobs heaving his chest up and making him lift his chin to catch his breath because of the bonds.
Others put the old man back on his feet, and a couple of shots of whisky were given to each of the three. Then they walked them over to the horses. The old man went flabby on them, and they had nearly to carry him.
I saw Davies keeping Amigo behind, holding him by the arm and talking. Amigo’s face was angry and stubborn, and he kept shaking his head. Tetley saw it too, and guessed what I had. Smiling, he told Davies that a confession was a confession, and not evidence, even in a court.
“He doesn’t have to tell us,” Davies said. “All he has to do is say whether we’d better wait; then we could find out.”
Amigo looked worried.
Tetley said, “Men have been known to lie, even in confession, under pressure less than this.” Amigo looked at him as if for the first time he questioned his divinity, but then he said, “It wasn’t a priest; I don’t know.”
“Even if it had been,” Tetley said, eying the Mex. “I’ll give you two minutes to pray,” he told the three. They were standing by the horses now, under the branch with the ropes hanging down from it.
Martin was chewing his mouth to stop crying. He looked around at us quickly. We were in a fairly close circle; nobody would face him, man after man looked down. Finally, like he was choking, he ducked his head, then, awkwardly because of the rope, got to his knees. The Mex was still standing, but had his head bent and was moving his lips rapidly. The old man was down in a groveling heap with Sparks beside him; Sparks was doing the praying for him. Moore took off his hat, and then the rest of us did the same. After a moment Davies and some of the others knelt also. Most of us could
n’t bring ourselves to do that, but we all bowed and kept quiet. In the silence, in the gray light slowly increasing, the moaning of the old man, Sparks’ praying and the Mex going again and again through his rapid patter sounded very loud. Still you could hear every movement of the horses, leather creaking, the little clinks of metal.
“Time’s up,” Tetley said, and the old man wailed once, as if he’d been hit. The Mex lifted his head and glanced around quickly. His face had a new expression, the first we’d seen of it in him. Martin rose slowly to his feet, and looked around slowly. The moments of silence and the crisis had had the reverse effect on him. He no longer appeared desperate or incoherent, but neither did he look peaceful or resigned. I have never seen another face so bitter as his was then, or one that showed its hatred more clearly. He spoke to Davies, but even his voice proved the effort against his pride and detestation.
“Will you find someone you can trust to look out for my wife and children?” he asked. “In time she will repay anything it puts you out.”
Davies’ eyes were full of tears. “I’ll find someone,” he promised.
“You’d better take some older woman along,” Martin said. “It’s not going to be easy.”
“Don’t worry,” Davies said, “your family will be all right.”
“Thanks,” Martin said. Then he said, “My people are dead, but Miriam’s are living. They live in Ohio. And Drew didn’t want to sell his cattle; he’ll buy them back for enough to cover their travel.”
Davies nodded.
“Better not give her my things,” Martin said, “just this ring, if you’ll get it.”
Davies fumbled at the task. He had trouble with the rope, and his hands were shaking, but he got the ring, and held it up for Martin to see. Martin nodded. “Just give her that and my letter first. Don’t talk to her until she’s read my letter.” He didn’t seem to want to say any more.
“That all?” Tetley asked.
“That’s all, thanks,” Martin said.
They asked the Mex, and he suddenly started speaking very rapidly. He was staring around as if he couldn’t quite see us. It had got to him finally, all right. Then he stopped speaking just as suddenly and kept shaking his head in little short shakes. He’d been talking in Spanish. They didn’t ask the old man.
The Ox-Bow Incident Page 22