alibi
.
Like a flash he remembered Birt’s anger the previous day. “Told me he’d make me divide work mo’ ekal, an’ ez good ez said he’d knock me down ef he could. An’ I told him I’d hold the grudge agin him jes’ the same - an’ I will!”
He felt sure that it was Birt who had thus taken revenge, because he was kept at work while his fellow-laborer was free to go.
Byers thought the boy would presently come to take the garments home, and conceal his share in the matter, before any one else would be likely to stir abroad.
“An’ I’ll hide close by with a good big hickory stick, an’ I’ll gin him a larrupin’ ez he won’t furgit in a month o’ Sundays,” he resolved, angrily.
He opened his clasp-knife, and walked slowly into the woods, looking about for a choice hickory sprout. He did not at once find one of a size that he considered appropriate to the magnitude of Birt’s wickedness, and he went further perhaps than he realized, and stayed longer.
He had a smile of stern satisfaction on his face when he was lopping off the leaves and twigs of a specimen admirably adapted for vengeance. He was stealthy in returning, keeping behind the trees, and slipping softly from bole to bole. At last, as the winding road was once more in view, he crouched down behind the roots of the great fallen oak.
“I don’t want him ter git a glimge of me, an’ skeer him off afore I kin lay a-holt on him,” he said.
He intended to keep the neighboring bush under close watch, and through the interlacing roots he peered out furtively at it. His eyes distended and he hastily rose from his hiding-place.
The blackberry bush was swaying in the wind, clothed only in its own scant and rusty leaves. A wren perched on a spray, chirped cheerful matins.
CHAPTER VI.
His scheme was thwarted. The boy had come and gone in his absence, all unaware of his proximity and the impending punishment so narrowly escaped.
But when Andy Byers reached the tanyard and went to work, he said nothing to Birt. He did not even allude to the counterfeit apparition in the woods, although Mrs. Price’s probable recovery was more than once under discussion among the men who came and went, - indeed, she lived many years thereafter, to defend her lucky grandchildren against every device of discipline. Byers had given heed to more crafty counsels. On the whole he was now glad that he had not had the opportunity to make Birt and the hickory sprout acquainted with each other. This would be an acknowledgment that he had been terrified by the manufactured ghost, and he preferred foregoing open revenge to encountering the jocose tanner’s ridicule, and the gibes that would circulate at his expense throughout the country-side. But he cherished the grievance, and he resolved that Birt should rue it. He had expected that Birt would boast of having frightened him. He intended to admit that he had been a trifle startled, and in treating the matter thus lightly he hoped it would seem that the apparition was a failure.
However, day by day passed and nothing was said. The ghost vanished as mysteriously as it had come. Only Mrs. Dicey, taking her bonnet and apron and shawl from the chest, was amazed at the extraordinary manner in which they were folded and at their limp condition, and when she found a bunch of cockle-burs in the worsted fringes of the shawl she declared that witches must have had it, for she had not worn it since early in April when there were no cockle-burs. She forthwith nailed a horseshoe on the door to keep the witches out, and she never liked the shawl so well after she had projected a mental picture of a lady wearing it, riding on a broomstick, and sporting also a long peaked nose.
Birt hardly noticed the crusty and ungracious conduct of Andy Byers toward him. He worked on doggedly, scheming all the time to get off from the tanyard, and wondering again and again why Nate had gone, and where, and when he would return.
One day - a gray day it was and threatening rain - as he came suddenly out of the shed, he saw a boy at the bars. It was Nate Griggs! No; only for a moment he thought this was Nate. But this fellow’s eyes were not so close together; his hair was less sandy; there were no facial indications of extreme slyness. It was only Nathan’s humble likeness, his younger brother, Timothy.
He had Nate’s coat thrown over his arm, and he shouldered his brother’s rifle.
Tim came slouching slowly into the tanyard, a good-natured grin on his face. He paused only to knock Rufe’s hat over his eyes, as the small boy stood in front of the low-spirited mule, both hands busy with the animal’s mouth, striving to open his jaws to judge by his teeth how old he might be.
“The critter’ll bite ye, Rufe!” Birt exclaimed, for as Rufe stooped to pick up his hat the mule showed some curiosity in his turn, and was snuffling at Rufe’s hay-colored hair.
Rufe readjusted his head-gear, and ceasing his impolite researches into the mule’s age, came up to the other two boys. Tim had paused by the shed, and leaning upon the rifle, began to talk.
“I war a-passin’ by, an’ I thought I’d drap in on ye.”
“Hev you-uns hearn from Nate since he hev been gone away?” demanded Birt anxiously.
“He hev come home,” responded Tim.
“When did he git home?” Birt asked with increasing suspicion.
“Las’ week,” said Tim carelessly.
Another problem! Why had Nate not communicated with his partner about their proposed work? It seemed a special avoidance.
“I onderstood ez how he aimed ter bide away longer,” Birt remarked.
“He did count on stayin’ longer,” said Tim, “but he rid night an’ day ter git hyar sooner. It ’pears like ter me he war in sech a hurry so ez ter start
me
ter work, and nuthin’ else in this worl’. I owe Nate a debt, ye see, an’ I hev ter work it out. I hev been so onlucky ez I couldn’t make out ter pay him nohow in the worl’. Ye see, I traded with Nate fur a shoat, an’ the spiteful beastis sneaked out’n my pen, an’ went rootin’ round the aidge o’ the clearin’, an’ war toted off bodaciously by a bar ez war a-prowlin’ round thar. An’ I got no good o’ that thar shoat, ’kase the bar hed him, but I hed to pay fur him all the same. An’ dad gin his cornsent ter Nate ter let me work a month an’ better fur him, ter pay out’n debt fur the shoat.”
“What work be you-uns goin’ ter do?” Birt had a strong impression, amounting to a conviction, that there was something behind all this, which he was slowly approaching.
“Why,” said Tim, in surprise, “hain’t ye hearn bout’n Nate’s new land what he hev jes’ got ‘entered’ ez he calls it? He hev got a grant fur it from the land-office down yander in Sparty, whar he hev been.”
“New land - ’
entered
!’” faltered Birt.
Tim nodded. “Nate fund a trac’ o’ land a-layin’ ter suit his mind what b’longed ter nobody but the State - vacant land, ye see - an’ so he went ter the ‘entry-taker,’ they calls him, an’ gits it ‘entered,’ an’ the surveyor kem an’ medjured it, an’ then Nate got a grant fur it, an’ now it air his’n. The Gov’nor o’ the State hev sot his name ter that thar grant - the Gov’nor o’ Tennessee!” reiterated Tim pridefully. “An’ the great seal o’ the State!”
“Whar be the land?” gasped Birt, possessed by a dreadful fear.
His face was white, its muscles rigid. Its altered expression could not for an instant have escaped the notice of Timothy’s brother Nathan.
“Why, it lays bout’n haffen mile off - all down the ravine nigh that thar salt-lick; but look-a-hyar, Birt - what ails ye?”
The stunned despair in the white face had at last arrested his careless attention.
“Don’t ye be mindin’ of me - I feel sorter porely an’ sick all of a suddint; tell on ’bout the land an’ sech,” said Birt.
He sat down on the end of the wood-pile, and Tim, still leaning on the rifle, recommenced. He was generally much cowed and kept down by Nate, and was unaccustomed to respect and consideration. Therefore he felt a certain gratification in having so attentive a listener.
“Waal, I never hearn o’ this fashion o’ enterin’ land like Nate done in all my life afore; though dad say that’s the law in Tennessee, ter git a title ter vacant land ez jes’ b’longs ter the State. Mebbe them air the ways ez Nate l’arned whilst he war a-hangin’ round the Settlemint so constant, an’ forever talkin’ ter the men thar.”
Birt’s precocity had never let him feel at a disadvantage with Nate, although his friend was five years older. Now he began to appreciate that Nate was indeed a man grown, and had become sophisticated in the ways of his primitive world by his association with the other men at the Settlement.
There was a pause. But the luxury of being allowed to talk without contradiction or rebuke presently induced Tim to proceed.
“He war hyar mighty nigh all day long,” he said reflectively. “He eat his dinner along of we-uns.”
“Who? the Gov’nor o’ the State?” exclaimed Birt, astounded.
“Naw, ’twarn’t
him
,” Tim admitted somewhat reluctantly, since Birt seemed disposed to credit “we-uns” with a gubernatorial guest. “It’s the surveyor I’m talkin’ ’bout. Nate hed ter pay him three dollars an’ better fur medjurin’ the land. He tole Nate ez his land war ez steep an’ rocky a spot ez thar war in Tennessee from e-end ter e-end. He axed Nate what ailed him ter hanker ter pay taxes on sech a pack o’ bowlders an’ bresh. He ’lowed the land warn’t wuth a cent an acre.”
“What did Nate say?” asked Birt, who hung with feverish interest on every thoughtless word.
“Waal, Nate ’lows ez he hev fund a cur’ous metal on his land; he say it air
gold
!” Tim opened his eyes very wide, and smacked his lips, as if the word tasted good. “He ’lowed ez he needn’t hev been in sech a hurry ter enter his land, ’kase the entry-taker told it ter him ez it air the law in Tennessee ez ennybody ez finds a mine or val’able min’ral on vacant land hev got six months extry ter enter the land afore ennybody else kin, an’ ef ennybody else wants ter enter it, they hev ter gin the finder o’ the mine thirty days’ notice.”
Tim winked, an impressive demonstration but for the insufficiency of eyelashes: -
“The surveyor he misdoubted, an’ ’lowed ez gold hed never been fund in these parts. He said they fund gold in them mountings furder east ’bout twenty odd year ago - in 1831, I believe he said. He ’lowed them mountings hain’t got no coal like our’n hev, an’ the Cumberland Mountings hain’t got no gold. An’ then in a minit he tuk ter misdoubtin’ on the t’other side o’ his mouth. He ’lowed ez Nate’s min’ral
mought
be gold, an’ then ag’in it moughtn’t.”
The essential difference between these two extremes has afforded scope for vacillation to more consistent men than the surveyor.
“Thar’s the grant right now, in the pocket o’ Nate’s coat,” said Tim, shifting the garment on his arm to show a stiff, white folded paper sticking out of the breast pocket. “I reckon when he tole me ter tote his gun an’ coat home, he furgot the grant war in his pocket, ’kase he fairly dotes on it, an’ won’t trest it out’n his sight.”
Nate was in the habit of exacting similar services from his acquiescent younger brother, and Tim had his hands full, as he tried to hold the gun, and turn the coat on his arm. He finally hung the garment on a peg in the shed, and shouldered the weapon. Suddenly he whirled around toward Rufe, who was still standing by.
“What in the nation air inside o’ that thar boy?” he exclaimed. “A chicken, ain’t it?”
For a musical treble chirping was heard proceeding apparently from Rufe’s pocket. This chicken differed from others that Rufe had put away, in being alive and hearty.
The small boy entered into the conversation with great spirit, to tell that a certain hen which he owned had yesterday come off her nest with fourteen of the spryest deedies that ever stepped. One in especial had so won upon Rufe by its beauty and grace of deportment that he was carrying it about with him, feeding it at close intervals, and housing it in the security of his pocket.
The deedie hardly made a moan. There was no use in remonstrating with Rufe, - everything that came within his eccentric orbit seemed to realize that, - and the deedie was contentedly nestling down in his pocket, apparently resigned to lead the life of a portemonnaie.
Rufe narrated with pardonable pride the fact that, some time before, his great-uncle, Rufus Dicey, had sent to him from the “valley kentry” a present of a pair of game chickens, and that this deedie was from the first egg hatched in the game hen’s brood.
But Rufe was not selfish. He offered to give Tim one of the chicks. Now poultry was Tim’s weakness. He accepted with more haste than was seemly, and at once asked for the deedie in the small boy’s pocket. Rufe, however, refused to part from the chick of his adoption, and presently Tim, with the gun on his shoulder, left the tanyard in company with Rufe, to look over the brood of game chicks, and make a selection from among them.
Birt hardly noticed what they did or said. Every faculty was absorbed in considering the wily game which his false friend had played so successfully. It was all plain enough now. The fruit of his discovery would be plucked by other hands. There was to be no division of the profits. Nate Griggs had coveted the whole. His craft had secured it for himself alone. He had the legal title to the land, the mine - all! There seemed absolutely no vulnerable point in his scheme. With suddenly sharpened perceptions, Birt realized that if he should now claim the discovery and the consequent right of thirty days’ notice of Nate’s intention, by virtue of the priority of entering land accorded by the statute to the finder of a mine or valuable mineral, it would be considered a groundless boast, actuated by envy and jealousy. He had told no one but Nate of his discovery - and would not Nate now deny it!
However, one thing in the future was certain, - Nathan Griggs should not escape altogether scathless. For a long time Birt sat motionless, revolving vengeful purposes in his mind. Every moment he grew more bitter, as he reflected upon his wrecked scheme, his wonderful fatuity, and the double dealing of his chosen coadjutor. But he would get even with Nate Griggs yet; he promised himself that, - he would get even!
At last the falling darkness warned him home. When he rose his limbs trembled, his head was in a whirl, and the familiar scene swayed, strange and distorted, before him. He steadied himself after a moment, finished the odd jobs he had left undone, and presently was trudging homeward.
A heavy black cloud overhung the woods; an expectant stillness brooded upon the sultry world; an angry storm was in the air. The first vivid flash and simultaneous peal burst from the sky as he reached the passage between the two rooms.
“Ye air powerful perlite ter come a-steppin’ home jes’ at supper-time,” said his mother advancing to meet him. “Ye lef’ no wood hyar, an’ ye said ye would borry the mule, an’ come home early a-purpose to haul some. An’ me hyar with nuthin’ to cook supper with but sech chips an’ blocks an’ bresh ez I could pick up off’n the groun’.”
Birt’s troubles had crowded out the recollection of this domestic duty.
“I clean furgot,” he admitted, penitently. Then he asked suddenly, “An’ whar war Rufe, an’ Pete, an’ Joe, ez
ye
hed ter go ter pickin’ up of chips an’ sech off’n the groun’?”
He turned toward the group of small boys. “Air you-uns all disabled somehows, ez ye can’t pick up chips an’ bresh an’ sech?” he said. “An’ ef ye air, whyn’t ye go ter the tanyard arter me?”
“They war all off in the woods, a-lookin’ arter Rufe’s trap ez ye sot fur squir’ls,” Mrs. Dicey explained. “It hed one in it, an’ I cooked it fur supper.”
Birt said that he could go out early with his axe and cut enough wood for breakfast tomorrow, and then he fell silent. Once or twice his preoccupied demeanor called forth comment.
“Whyn’t ye eat some o’ the squir’l, Birt?” his mother asked at the supper table. “Pears-like ter me ez it air cooked toler’ble tasty.”
Birt could not eat. He soon rose from the table and resumed his chair by the window, and for half an hour no word passed between them.
The thunder seemed to roll on the very roof of the cabin, and it trembled beneath the heavy fall of the rain. At short intervals a terrible blue light quivered through crevices in the “daubin’” between the logs of the wall, and about the rude shutter which closed the glassless window. Now and then a crash from the forest told of a riven tree. But the storm had no terrors for the inmates of this humble dwelling. Pete and Joe had already gone to bed; Tennessee had fallen asleep while playing on the floor, and Rufe dozed peacefully in his chair. Even Mrs. Dicey nodded as she knitted, the needles sometimes dropping from her nerveless hand.
Birt silently watched the group for a time in the red light of the smouldering fire and the blue flashes from without. At length he softly rose and crept noiselessly to the door; the fastening was the primitive latch with a string attached; it opened without a sound in his cautious handling, and he found himself in the pitchy darkness outside, the wild mountain wind whirling about him, and the rain descending in steady torrents.
He had stumbled only a few steps from the house when he thought he indistinctly heard the door open again. He dreaded his mother’s questions, but he stopped and looked back.
He saw nothing. There was no sound save the roar of the wind, the dash of the rain, and the commotion among the branches of the trees.
He went on once more, absorbed in his dreary reflections and the fierce anger that burned in his heart.
“I’ll git even with Nate Griggs,” he said, over and again. “I’ll git even with him yit.”
CHAPTER VII.
When Birt reached the fence, he discovered that the bars were down. Rufe had forgotten to replace them that afternoon when he drove in the cow to be milked. Despite his absorption, Birt paused to put them up, remembering the vagrant mountain cattle that might stray in upon the corn. He found the familiar little job difficult enough, for it seemed to him that there was never before so black a night. Even looking upward, he could not see the great wind-tossed boughs of the chestnut-oak above his head. He only knew they were near, because acorns dropped upon the rail in his hands, and rebounded resonantly. But an owl, blown helplessly down the gale, was not much better off, for all its vaunted nocturnal vision. As it drifted by, on the currents of the wind, its noiseless, out-stretched wings, vainly flapping, struck Birt suddenly in the face, and frightened by the collision, it gave an odd, peevish squeak.
Birt, too, was startled for a moment. Then he exclaimed irritably, “Oh, g’way ow
el
” - realizing what had struck him.
The next moment he paused abruptly. He thought he heard, close at hand, amongst the glooms, a faint chuckle. Something - was it? -
somebody
laughing in the darkness?
He stood intently listening. But now he heard only the down-pour of the rain, the sonorous gusts of the wind, the multitudinous voices of the muttering leaves.
He said to himself that it was fancy. “All this trouble ez I hev hed along o’ Nate Griggs hev mighty nigh addled my brains.”
The name recalled his resolve.
“I’ll git even with him, though. I’ll git even with him yit,” he reiterated as he plodded on heavily down the path, his mind once more busy with all the details of his discovery, his misplaced confidence, and the wreck of his hopes.
It seemed so hard that he should never before have heard of “entering land,” and of that law of the State according priority to the finder of mineral. The mine was his, but he had hid the discovery from all but Nate, who claimed it himself, and had secured the legal title.
“But I’ll git even with him,” he said resolutely between his set teeth.
He had thought it a lucky chance to remember, in his reverie before the fire-lit hearth, that peg in the shed at the tanyard on which Tim had hung his brother’s coat. Somehow the episode of the afternoon had left so vivid an impression on Birt’s mind that hours afterward he seemed to see the dull, clouded sky, the sombre, encircling woods, the brown stretch of spent tan, the little gray shed, and within it, hanging upon a peg, the butternut jeans coat, a stiff white paper protruding from its pocket.
That grant, he thought, had taken from him his rights. He would destroy it - he would tear it into bits, and cast it to the turbulent mountain winds. It was not his, to be sure. But was it justly Nate’s? - he had no right to enter the land down the ravine.
And so Birt argued with his conscience.
Now wherever Conscience calls a halt, it is no place for Reason to debate the question. The way ahead is no thoroughfare.
Birt did not recognize the tearing of the paper as stealing, but he knew that all this was morally wrong, although he would not admit it. He would not forego his revenge - it was too dear; he was too deeply injured. In the anger that possessed his every faculty, he did not appreciate its futility.
There were other facts which he did
not
know. He was ignorant that the deed which he contemplated was a crime in the estimation of the law, a penitentiary offense.
And toward this terrible pitfall he trudged in the darkness, saying over and again to himself, “I’ll git even with Nate Griggs; he’ll hev no grant, no land, no gold - no more ’n me. I’ll git even with him.”
His progress seemed incredibly slow as he groped along the path. But the rain soon ceased; the wind began to scatter the clouds; through a rift he saw a great, glittering planet blazing high above their dark turmoils.
How the drops pattered down as the wind tossed the laurel! - once they sounded like footfalls close behind him. He turned and looked back into the obscurities of the forest. Nothing - a frog had begun to croak far away, and the vibrations of the katydid were strident on the damp air.
And here was the tanyard, a denser area of gloom marking where the house and shed stood in the darkness. He did not hesitate. He stepped over the bars, which lay as usual on the ground, and walked across the yard to the shed. The eaves were dripping with moisture. But the coat, still hanging within on the peg, was dry.
He had a thrill of repulsion when he touched it. His hand fell.
“But look how Nate hev treated me,” he remonstrated with his conscience.
The next moment he had drawn the grant half-way out of the pocket, and as he moved he almost stepped upon something close behind him. All at once he knew what it was, even before a flash of the distant lightning revealed a little tow-head down in the darkness, and a pair of black eyes raised to his in perfect confidence.
It was the little sister who had followed him to-night, as she always did when she could.
“Stand back thar, Tennessee!” he faltered.
He was trembling from head to foot. And yet Tennessee was far too young to tell that she had seen the grant in his hands, to understand, even to question. But had he been seized by the whole Griggs tribe, he could not have been so panic-stricken as he was by the sight of that unknowing little head, the touch of the chubby little hand on his knee.
He thrust the grant back into the pocket of Nate’s coat. His resolve was routed by the presence of love and innocence. Not here - not now could he be vindictive, malicious. With some urgent, inborn impulse strongly constraining him, he caught the little sister in his arms, and fled headlong through the darkness, homeward.
As he went he was amazed that he should have contemplated this revenge.
“Why, I can’t afford ter be a scoundrel an’ sech, jes’ ’kase Nate Griggs air a tricky feller an’ hev fooled me. Ef Tennessee hedn’t stepped up so powerful peart I moughtn’t hev come ter my senses in time. I mought hev tore up Nate’s grant by now. But arter this I ain’t never goin’ ter set out ter act like a scamp jes’ ’kase somebody else does.”
His conscience had prevailed, his better self returned. And when he reached home, and opening the door saw his mother still nodding over her knitting, and Rufe asleep in his chair, and the fire smouldering on the hearth, all as he had left it, he might have thought that he had dreamed the temptation and his rescue, but for his dripping garments and Tennessee in his arms all soaking with the rain.
The noise of his entrance roused his mother, who stared in drowsy astonishment at the bedraggled apparition on the threshold.