BENEATH THIS TREELIES THE BODYOFJOHN OAKHURST,WHO STRUCK A STREAK OF BAD LUCKON THE 23D OF NOVEMBER, 1850,ANDHANDED IN HIS CHECKSON THE 7TH DECEMBER, 1850.
And pulseless and cold, with a Derringer by his side and a bullet in his heart, though still calm as in life, beneath the snow lay he who was at once the strongest and yet the weakest of the outcasts of Poker Flat.
We were eight, including the driver. We had not spoken during the passage of the last six miles, since the jolting of the heavy vehicle over the roughening road had spoiled the Judge's last poetical quotation. The tall man beside the Judge was asleep, his arm passed through the swaying strap and his head resting upon it—altogether a limp, helpless-looking object, as if he had hanged himself and been cut down too late. The French lady on the back seat was asleep, too, yet in a half-conscious propriety of attitude, shown even in the disposition of the handkerchief which she held to her forehead and which partially veiled her face. The lady from Virginia City, traveling with her husband, had long since lost all individuality in a wild confusion of ribbons, veils, furs, and shawls. There was no sound but the rattling of wheels and the dash of rain upon the roof. Suddenly the stage stopped and we became dimly aware of voices. The driver was evidently in the midst of an exciting colloquy with someone in the road—a colloquy of which such fragments as “bridge gone,” “twenty feet of water,” “can't pass,” were occasionally distinguishable above the storm. Then came a lull, and a mysterious voice from the road shouted the parting adjuration:
“Try Miggles's.”
We caught a glimpse of our leaders as the vehicle slowly turned, of a horseman vanishing through the rain, and we were evidently on our way to Miggles's.
Who and where was Miggles? The Judge, our authority, did not remember the name, and he knew the country thoroughly. The Washoe traveler thought Miggles must keep a hotel. We only knew that we were stopped by high water in front and rear, and that Miggles was our rock of refuge. A ten minutes splashing through a tangled by-road, scarcely wide enough for the stage, and we drew up before a barred and boarded gate in a wide stone wall or fence about eight feet high. Evidently Miggles's, and evidently Miggles did not keep a hotel.
The driver got down and tried the gate. It was securely locked. “Miggles! O Miggles!”
No answer.
“Migg-ells! You Miggles!” continued the driver, with rising wrath.
“Migglesy!” joined the expressman, persuasively. “O Miggy! Mig!”
But no reply came from the apparently insensate Miggles. The Judge, who had finally got the window down, put his head out and propounded a series of questions, which if answered categorically would have undoubtedly elucidated the whole mystery, but which the driver evaded by replying that “if we didn't want to sit in the coach all night, we had better rise up and sing out for Miggles.”
So we rose up and called on Miggles in chorus; then separately. And when we had finished, a Hibernian fellow-passenger from the roof called for “Maygells!” whereat we all laughed. While we were laughing, the driver cried “Shoo!”
We listened. To our infinite amazement the chorus of “Miggles” was repeated from the other side of the wall, even to the final and supplemental “Maygells.”
“Extraordinary echo,” said the Judge.
“Extraordinary damned skunk!” roared the driver, contemptuously. “Come out of that, Miggles, and show yourself! Be a man, Miggles! Don't hide in the dark; I wouldn't if I were you, Miggles,” continued Yuba Bill, now dancing about in an excess of fury.
“Miggles!” continued the voice. “O Miggles!”
“My good man! Mr. Myghail!” said the Judge, softening the asperities of the name as much as possible. “Consider the inhospitality of refusing shelter from the inclemency of the weather to helpless females. Really, my dear sir—” But a succession of “Miggles,” ending in a burst of laughter, drowned his voice.
Yuba Bill hesitated no longer. Taking a heavy stone from the road, he battered down the gate, and with the expressman entered the enclosure. We followed. Nobody was to be seen. In the gathering darkness all that we could distinguish was that we were in a garden—from the rosebushes that scattered over us a minute spray from their dripping leaves—and before a long, rambling wooden building.
“Do you know this Miggles?” asked the Judge of Yuba Bill.
“No, nor, don't want to,” said Bill, shortly, who felt the Pioneer Stage Company insulted in his person by the contumacious Miggles.
“But, my dear sir,” expostulated the Judge as he thought of the barred gate.
“Lookee here,” said Yuba Bill, with fine irony, “hadn't you better go back and sit in the coach till yer introduced? I'm going in,” and he pushed open the door of the building.
A long room lighted only by the embers of a fire that was dying on the large hearth at its farther extremity; the walls curiously papered, and the flickering firelight bringing out its grotesque pattern; somebody sitting in a large armchair by the fireplace. All this we saw as we crowded together into the room, after the driver and expressman.
“Hello, be you Miggles?” said Yuba Bill to the solitary occupant.
The figure neither spoke nor stirred. Yuba Bill walked wrathfully toward it, and turned the eye of his coach lantern upon its face. It was a man's face, prematurely old and wrinkled, with very large eyes, in which there was that expression of perfectly gratuitous solemnity which I had sometimes seen in an owl's. The large eyes wandered from Bill's face to the lantern, and finally fixed their gaze on that luminous object, without further recognition.
Bill restrained himself with an effort.
“Miggles! Be you deaf? You ain't dumb anyhow, you know”; and Yuba Bill shook the insensate figure by the shoulder.
To our great dismay, as Bill removed his hand, the venerable stranger apparently collapsed—sinking into half his size and an undistinguishable heap of clothing.
“Well, dern my skin,” said Bill, looking appealingly at us, and hopelessly retiring from the contest.
The Judge now stepped forward, and we lifted the mysterious invertebrate back into his original position. Bill was dismissed with the lantern to reconnoiter outside, for it was evident that from the helplessness of this solitary man there must be attendants near at hand, and we all drew around the fire. The Judge, who had regained his authority, and had never lost his conversational amiability—standing before us with his back to the hearth—charged us, as an imaginary jury, as follows:
“It is evident that either our distinguished friend here has reached that condition described by Shakespeare as 'the sere and yellow leaf,' or has suffered some premature abatement of his mental and physical faculties. Whether he is really the Miggles—”
Here he was interrupted by “Miggles! O Miggles! Migglesy! Mig!” and, in fact, the whole chorus of Miggles in very much the same key as it had once before been delivered unto us.
We gazed at each other for a moment in some alarm. The Judge, in particular, vacated his position quickly, as the voice seemed to come directly over his shoulder. The cause, however, was soon discovered in a large magpie who was perched upon a shelf over the fireplace, and who immediately relapsed into a sepulchral silence which contrasted singularly with his previous volubility. It was, undoubtedly, his voice which we had heard in the road, and our friend in the chair was not responsible for the discourtesy. Yuba Bill, who re-entered the room after an unsuccessful search, was loath to accept the explanation, and still eyed the helpless sitter with suspicion. He had found a shed in which he had put up his horses, but he came back dripping and skeptical. “Thar ain't nobody but him within ten mile of the shanty, and that 'ar damned old skeesicks knows it.”
But the faith of the majority proved to be securely based. Bill had scarcely ceased growling before we heard a quick step upon the porch, the trailing of a wet skirt, the door was flung open, and with flash of white teeth, a sparkle of dark eyes, and an utter absence of ceremony or diffidence, a young woman entered, shut the door, and, panting, leaned back against it.
“Oh, if you please, I'm Miggles!”
And this was Miggles! this bright-eyed, full-throated young woman, whose wet gown of coarse blue stuff could not hide the beauty of the feminine curves to which it clung; from the chestnut crown of whose head, topped by a man's oilskin sou'wester, to the little feet and ankles, hidden somewhere in the recesses of her boy's brogans, all was grace—this was Miggles, laughing at us, too, in the most airy, frank, offhand manner imaginable.
“You see, boys,” said she, quite out of breath, and holding one little hand against her side, quite unheeding the speechless discomfiture of our party, or the complete demoralization of Yuba Bill, whose features had relaxed into an expression of gratuitous and imbecile cheerfulness—“you see, boys, I was mor'n two miles away when you passed down the road. I thought you might pull up here, and so I ran the whole way, knowing nobody was home but Jim,—and—and—I'm out of breath—and—that lets me out.”
And here Miggles caught her dripping oilskin hat from her head, with a mischievous swirl that scattered a shower of raindrops over us; attempted to put back her hair; dropped two hairpins in the attempt; laughed and sat down beside Yuba Bill, with her hands crossed lightly on her lap.
The Judge recovered himself first, and essayed an extravagant compliment.
“I'll trouble you for that thar harpin,” said Miggles, gravely. Half a dozen hands were eagerly stretched forward; the missing hairpin was restored to its fair owner; and Miggles, crossing the room, looked keenly in the face of the invalid. The solemn eyes looked back at hers with an expression we had never seen before. Life and intelligence seemed to struggle back into the rugged face. Miggles laughed again—it was a singularly eloquent laugh—and turned her black eyes and white teeth once more toward us.
“This afflicted person is—” hesitated the Judge.
“Jim,” said Miggles.
“Your father?”
“No.”
“Brother?”
“No.”
“Husband?”
Miggles darted a quick, half-defiant glance at the two lady passengers who I had noticed did not participate in the general masculine admiration of Miggles, and said gravely, “No; it's Jim.”
There was an awkward pause. The lady passengers moved closer to each other; the Washoe husband looked abstractedly at the fire; and the tall man apparently turned his eyes inward for self-support at this emergency. But Miggles's laugh, which was very infectious, broke the silence. “Come,” she said briskly, “you must be hungry. Who'll bear a hand to help me get tea?”
She had no lack of volunteers. In a few moments Yuba Bill was engaged like Caliban in bearing logs for this Miranda; the expressman was grinding coffee on the veranda; to myself the arduous duty of slicing bacon was assigned; and the Judge lent each man his good-humored and voluble counsel. And when Miggles, assisted by the Judge and our Hibernian “deck passenger,” set the table with all the available crockery, we had become quite joyous, in spite of the rain that beat against windows, the wind that whirled down the chimney, the two ladies who whispered together in the corner, or the magpie who uttered a satirical and croaking commentary on their conversation from his perch above. In the now bright, blazing fire we could see that the walls were papered with illustrated journals, arranged with feminine taste and discrimination. The furniture was extemporized, and adapted from candle boxes and packing-cases, and covered with gay calico, or the skin of some animal. The armchair of the helpless Jim was an ingenious variation of a flour barrel. There was neatness, and even a taste for the picturesque, to be seen in the few details of the long low room.
The meal was a culinary success. But more, it was a social triumph—chiefly, I think, owing to the rare tact of Miggles in guiding the conversation, asking all the questions herself, yet bearing throughout a frankness that rejected the idea of any concealment on her own part, so that we talked of ourselves, of our prospects, of the journey, of the weather, of each other—of everything but our host and hostess. It must be confessed that Miggles's conversation was never elegant, rarely grammatical, and that at times she employed expletives the use of which had generally been yielded to our sex. But they were delivered with such a lighting-up of teeth and eyes, and were usually followed by a laugh—a laugh peculiar to Miggles—so frank and honest that it seemed to clear the moral atmosphere.
Once during the meal we heard a noise like the rubbing of a heavy body against the outer walls of the house. This was shortly followed by a scratching and sniffling at the door. “That's Joaquin,” said Miggles, in reply to our questioning glances; “would you like to see him?” Before we could answer she had opened the door, and disclosed a half-grown grizzly, who instantly raised himself on his haunches, with his forepaws hanging down in the popular attitude of mendicancy, and looked admiringly at Miggles, with a very singular resemblance in his manner to Yuba Bill. “That's my watch dog,” said Miggles, in explanation. “Oh, he don't bite,” she added, as the two lady passengers fluttered into a corner. “Does he, old Toppy?” (the latter remark being addressed directly to the sagacious Joaquin). “I tell you what, boys,” continued Miggles after she had fed and closed the door on URSA MINOR, “you were in big luck that Joaquin wasn't hanging round when you dropped in tonight.” “Where was he?” asked the Judge. “With me,” said Miggles. “Lord love you; he trots round with me nights like as if he was a man.”
We were silent for a few moments, and listened to the wind. Perhaps we all had the same picture before us—of Miggles walking through the rainy woods, with her savage guardian at her side. The Judge, I remember, said something about Una and her lion; but Miggles received it as she did other compliments, with quiet gravity. Whether she was altogether unconscious of the admiration she excited—she could hardly have been oblivious of Yuba Bill's adoration—I know not; but her very frankness suggested a perfect sexual equality that was cruelly humiliating to the younger members of our party.
The incident of the bear did not add anything in Miggles's favor to the opinions of those of her own sex who were present. In fact, the repast over, a chillness radiated from the two lady passengers that no pine boughs brought in by Yuba Bill and cast as a sacrifice upon the hearth could wholly overcome. Miggles felt it; and, suddenly declaring that it was time to “turn in,” offered to show the ladies to their bed in an adjoining room. “You boys will have to camp out here by the fire as well as you can,” she added, “for thar ain't but the one room.”
Our sex—by which, my dear sir, I allude of course to the stronger portion of humanity—has been generally relieved from the imputation of curiosity, or a fondness for gossip. Yet I am constrained to say that hardly had the door closed on Miggles than we crowded together, whispering, snickering, smiling, and exchanging suspicions, surmises, and a thousand speculations in regard to our pretty hostess and her singular companion. I fear that we even hustled that imbecile paralytic, who sat like a voiceless Memnon in our midst, gazing with the serene indifference of the Past in his passionate eyes upon our wordy counsels. In the midst of an exciting discussion the door opened again, and Miggles re-entered.
But not, apparently, the same Miggles who a few hours before had flashed upon us. Her eyes were downcast, and as she hesitated for a moment on the threshold, with a blanket on her arm, she seemed to have left behind her the frank fearlessness which had charmed us a moment before. Coming into the room, she drew a low stool beside the paralytic's chair, sat down, drew the blanket over her shoulders, and saying, “If it's all the same to you, boys, as we're rather crowded, I'll stop here tonight,” took the invalid's withered hand in her own, and turned her eyes upon the dying fire. An instinctive feeling that this was only premonitory to more confidential relations, and perhaps some shame at our previous curiosity, kept us silent. The rain still beat upon the roof, wandering gusts of wind stirred the embers into momentary brightness, until, in a lull of the elements, Miggles suddenly lifted up her head, and, throwing her hair over her shoulder, turned her face upon the group and asked:
“Is there any of you that knows me?”
There was no reply.
“Think again! I lived at Marysville in '53. Everybody knew me there, and everybody had the right to know me. I kept the Polka saloon until I came to live with Jim. That's six years ago. Perhaps I've changed some.”
The absence of recognition may have disconcerted her. She turned her head to the fire again, and it was some seconds before she again spoke, and then more rapidly:
“Well, you see I thought some of you must have known me. There's no great harm done, anyway. What I was going to say was this: Jim here”—she took his hand in both of hers as she spoke—“used to know me, if you didn't, and spent a heap of money upon me. I reckon he spent all he had. And one day—it's six years ago this winter—Jim came into my back room, sat down on my sofy, like as you see him in that chair, and never moved again without help. He was struck all of a heap, and never seemed to know what ailed him. The doctors came and said as how it was caused all along of his way of life—for Jim was mighty free and wild-like—and that he would never get better, and couldn't last long anyway. They advised me to send him to Frisco to the hospital, for he was no good to anyone and would be a baby all his life. Perhaps it was something in Jim's eye, perhaps it was that I never had a baby, but I said 'No.' I was rich then, for I was popular with everybody—gentlemen like yourself, sir, came to see me—and I sold out my business and bought this yer place, because it was sort of out of the way of travel, you see, and I brought my baby here.”
With a woman's intuitive tact and poetry, she had, as she spoke, slowly shifted her position so as to bring the mute figure of the ruined man between her and her audience, hiding in the shadow behind it, as if she offered it as a tacit apology for her actions. Silent and expressionless, it yet spoke for her; helpless, crushed, and smitten with the Divine thunderbolt, it still stretched an invisible arm around her.
Hidden in the darkness, but still holding his hand, she went on:
“It was a long time before I could get the hang of things about yer, for I was used to company and excitement. I couldn't get any woman to help me, and a man I dursen't trust; but what with the Indians hereabout, who'd do odd jobs for me, and having everything sent from the North Fork, Jim and I managed to worry through. The Doctor would run up from Sacramento once in a while. He'd ask to see 'Miggles's baby,' as he called Jim, and when he'd go away, he'd say, 'Miggles; you're a trump—God bless you'; and it didn't seem so lonely after that. But the last time he was here he said, as he opened the door to go, 'Do you know, Miggles, your baby will grow up to be a man yet and an honor to his mother; but not here, Miggles, not here!' And I thought he went away sad—and—and—” and here Miggles's voice and head were somehow both lost completely in the shadow.
“The folks about here are very kind,” said Miggles, after a pause, coming a little into the light again. “The men from the fork used to hang around here, until they found they wasn't wanted, and the women are kind—and don't call. I was pretty lonely until I picked up Joaquin in the woods yonder one day, when he wasn't so high, and taught him to beg for his dinner; and then thar's Polly—that's the magpie—she knows no end of tricks, and makes it quite sociable of evenings with her talk, and so I don't feel like as I was the only living being about the ranch. And Jim here,” said Miggles, with her old laugh again, and coming out quite into the firelight, “Jim—why, boys, you would admire to see how much he knows for a man like him. Sometimes I bring him flowers, and he looks at 'em just as natural as if he knew 'em; and times, when we're sitting alone, I read him those things on the wall. Why, Lord!” said Miggles, with her frank laugh, “I've read him that whole side of the house this winter. There never was such a man for reading as Jim.”
“Why,” asked the Judge, “do you not marry this man to whom you have devoted your youthful life?”
“Well, you see,” said Miggles, “it would be playing it rather low down on Jim, to take advantage of his being so helpless. And then, too, if we were man and wife, now, we'd both know that I was bound to do what I do now of my own accord.”
“But you are young yet and attractive—”
“It's getting late,” said Miggles, gravely, “and you'd better all turn in. Good night, boys”; and, throwing the blanket over her head, Miggles laid herself down beside Jim's chair, her head pillowed on the low stool that held his feet, and spoke no more. The fire slowly faded from the hearth; we each sought our blankets in silence; and presently there was no sound in the long room but the pattering of the rain upon the roof and the heavy breathing of the sleepers.
It was nearly morning when I awoke from a troubled dream. The storm had passed, the stars were shining, and through the shutterless window the full moon, lifting itself over the solemn pines without, looked into the room. It touched the lonely figure in the chair with an infinite compassion, and seemed to baptize with a shining flood the lowly head of the woman whose hair, as in the sweet old story, bathed the feet of him she loved. It even lent a kindly poetry to the rugged outline of Yuba Bill, half-reclining on his elbow between them and his passengers, with savagely patient eyes keeping watch and ward. And then I fell asleep and only woke at broad day, with Yuba Bill standing over me, and “All aboard” ringing in my ears.
Coffee was waiting for us on the table, but Miggles was gone. We wandered about the house and lingered long after the horses were harnessed, but she did not return. It was evident that she wished to avoid a formal leave-taking, and had so left us to depart as we had come. After we had helped the ladies into the coach, we returned to the house and solemnly shook hands with the paralytic Jim, as solemnly settling him back into position after each handshake. Then we looked for the last time around the long low room, at the stool where Miggles had sat, and slowly took our seats in the waiting coach. The whip cracked, and we were off!
But as we reached the highroad, Bill's dexterous hand laid the six horses back on their haunches, and the stage stopped with a jerk. For there, on a little eminence beside the road, stood Miggles, her hair flying, her eyes sparkling, her white handkerchief waving, and her white teeth flashing a last “good-by.” We waved our hats in return. And then Yuba Bill, as if fearful of further fascination, madly lashed his horses forward, and we sank back in our seats. We exchanged not a word until we reached the North Fork, and the stage drew up at the Independence House. Then, the Judge leading, we walked into the barroom and took our places gravely at the bar.
“Are your glasses charged, gentlemen?” said the Judge, solemnly taking off his white hat.
They were.
“Well, then, here's to MIGGLES. GOD BLESS HER!”
Perhaps He had. Who knows?
I do not think that we ever knew his real name. Our ignorance of it certainly never gave us any social inconvenience, for at Sandy Bar in 1854 most men were christened anew. Sometimes these appellatives were derived from some distinctiveness of dress, as in the case of “Dungaree Jack”; or from some peculiarity of habit, as shown in “Saleratus Bill,” so called from an undue proportion of that chemical in his daily bread; or for some unlucky slip, as exhibited in “The Iron Pirate,” a mild, inoffensive man, who earned that baleful title by his unfortunate mispronunciation of the term “iron pyrites.” Perhaps this may have been the beginning of a rude heraldry; but I am constrained to think that it was because a man's real name in that day rested solely upon his own unsupported statement. “Call yourself Clifford, do you?” said Boston, addressing a timid newcomer with infinite scorn; “hell is full of such Cliffords!” He then introduced the unfortunate man, whose name happened to be really Clifford, as “Jay-bird Charley”—an unhallowed inspiration of the moment that clung to him ever after.
But to return to Tennessee's Partner, whom we never knew by any other than this relative title; that he had ever existed as a separate and distinct individuality we only learned later. It seems that in 1853 he left Poker Flat to go to San Francisco, ostensibly to procure a wife. He never got any farther than Stockton. At that place he was attracted by a young person who waited upon the table at the hotel where he took his meals. One morning he said something to her which caused her to smile not unkindly, to somewhat coquettishly break a plate of toast over his upturned, serious, simple face, and to retreat to the kitchen. He followed her, and emerged a few moments later, covered with more toast and victory. That day week they were married by a justice of the peace, and returned to Poker Flat. I am aware that something more might be made of this episode, but I prefer to tell it as it was current at Sandy Bar—in the gulches and barrooms—where all sentiment was modified by a strong sense of humor.
Of their married felicity but little is known, perhaps for the reason that Tennessee, then living with his Partner, one day took occasion to say something to the bride on his own account, at which, it is said, she smiled not unkindly and chastely retreated—this time as far as Marysville, where Tennessee followed her, and where they went to housekeeping without the aid of a justice of the peace. Tennessee's Partner took the loss of his wife simply and seriously, as was his fashion. But to everybody's surprise, when Tennessee one day returned from Marysville, without his Partner's wife—she having smiled and retreated with somebody else—Tennessee's Partner was the first man to shake his hand and greet him with affection. The boys who had gathered in the canyon to see the shooting were naturally indignant. Their indignation might have found vent in sarcasm but for a certain look in Tennessee's Partner's eye that indicated a lack of humorous appreciation. In fact, he was a grave man, with a steady application to practical detail which was unpleasant in a difficulty.
Meanwhile a popular feeling against Tennessee had grown up on the Bar. He was known to be a gambler; he was suspected to be a thief. In these suspicions Tennessee's Partner was equally compromised; his continued intimacy with Tennessee after the affair above quoted could only be accounted for on the hypothesis of a copartnership of crime. At last Tennessee's guilt became flagrant. One day he overtook a stranger on his way to Red Dog. The stranger afterward related that Tennessee beguiled the time with interesting anecdote and reminiscence, but illogically concluded the interview in the following words: “And now, young man, I'll trouble you for your knife, your pistols, and your money. You see your weppings might get you into trouble at Red Dog, and your money's a temptation to the evilly disposed. I think you said your address was San Francisco. I shall endeavor to call.” It may be stated here that Tennessee had a fine flow of humor, which no business preoccupation could wholly subdue.
This exploit was his last. Red Dog and Sandy Bar made common cause against the highwayman. Tennessee was hunted in very much the same fashion as his prototype, the grizzly. As the toils closed around him, he made a desperate dash through the Bar, emptying his revolver at the crowd before the Arcade Saloon, and so on up Grizzly Canyon; but at its farther extremity he was stopped by a small man on a gray horse. The men looked at each other a moment in silence. Both were fearless, both self-possessed and independent; and both types of a civilization that in the seventeenth century would have been called heroic, but, in the nineteenth, simply “reckless.” “What have you got there?—I call,” said Tennessee, quietly. “Two bowers and an ace,” said the stranger, as quietly, showing two revolvers and a bowie knife. “That takes me,” returned Tennessee; and with this gamblers' epigram, he threw away his useless pistol, and rode back with his captor.
It was a warm night. The cool breeze which usually sprang up with the going down of the sun behind the chaparral-crested mountain was that evening withheld from Sandy Bar. The little canyon was stifling with heated resinous odors, and the decaying driftwood on the Bar sent forth faint, sickening exhalations. The feverishness of day, and its fierce passions, still filled the camp. Lights moved restlessly along the bank of the river, striking no answering reflection from its tawny current. Against the blackness of the pines the windows of the old loft above the express office stood out staringly bright; and through their curtainless panes the loungers below could see the forms of those who were even then deciding the fate of Tennessee. And above all this, etched on the dark firmament, rose the Sierra, remote and passionless, crowned with remoter passionless stars.
The trial of Tennessee was conducted as fairly as was consistent with a judge and jury who felt themselves to some extent obliged to justify, in their verdict, the previous irregularities of arrest and indictment. The law of Sandy Bar was implacable, but not vengeful. The excitement and personal feeling of the chase were over; with Tennessee safe in their hands they were ready to listen patiently to any defense, which they were already satisfied was insufficient. There being no doubt in their own minds, they were willing to give the prisoner the benefit of any that might exist. Secure in the hypothesis that he ought to be hanged, on general principles, they indulged him with more latitude of defense than his reckless hardihood seemed to ask. The Judge appeared to be more anxious than the prisoner, who, otherwise unconcerned, evidently took a grim pleasure in the responsibility he had created. “I don't take any hand in this yer game,” had been his invariable but good-humored reply to all questions. The Judge—who was also his captor—for a moment vaguely regretted that he had not shot him “on sight” that morning, but presently dismissed this human weakness as unworthy of the judicial mind. Nevertheless, when there was a tap at the door, and it was said that Tennessee's Partner was there on behalf of the prisoner, he was admitted at once without question. Perhaps the younger members of the jury, to whom the proceedings were becoming irksomely thoughtful, hailed him as a relief.
For he was not, certainly, an imposing figure. Short and stout, with a square face sunburned into a preternatural redness, clad in a loose duck “jumper” and trousers streaked and splashed with red soil, his aspect under any circumstances would have been quaint, and was now even ridiculous. As he stooped to deposit at his feet a heavy carpetbag he was carrying, it became obvious, from partially developed legends and inscriptions, that the material with which his trousers had been patched had been originally intended for a less ambitious covering. Yet he advanced with great gravity, and after having shaken the hand of each person in the room with labored cordiality, he wiped his serious, perplexed face on a red bandanna handkerchief, a shade lighter than his complexion, laid his powerful hand upon the table to steady himself, and thus addressed the Judge:
“I was passin' by,” he began, by way of apology, “and I thought I'd just step in and see how things was gittin' on with Tennessee thar—my pardner. It's a hot night. I disremember any sich weather before on the Bar.”
He paused a moment, but nobody volunteering any other meteorological recollection, he again had recourse to his pocket handkerchief, and for some moments mopped his face diligently.
“Have you anything to say in behalf of the prisoner?” said the Judge, finally.
“Thet's it,” said Tennessee's Partner, in a tone of relief. “I come yar as Tennessee's pardner—knowing him nigh on four year, off and on, wet and dry, in luck and out o' luck. His ways ain't allers my ways, but thar ain't any p'ints in that young man, thar ain't any liveliness as he's been up to, as I don't know. And you sez to me, sez you—confidential-like, and between man and man—sez you, 'Do you know anything in his behalf?' and I sez to you, sez I—confidential-like, as between man and man—'What should a man know of his pardner?'”
“Is this all you have to say?” asked the Judge impatiently, feeling, perhaps, that a dangerous sympathy of humor was beginning to humanize the Court.
“Thet's so,” continued Tennessee's Partner. “It ain't for me to say anything agin' him. And now, what's the case? Here's Tennessee wants money, wants it bad, and doesn't like to ask it of his old pardner. Well, what does Tennessee do? He lays for a stranger, and he fetches that stranger. And you lays for HIM, and you fetches HIM; and the honors is easy. And I put it to you, bein' a far-minded man, and to you, gentlemen, all, as far-minded men, ef this isn't so.”
“Prisoner,” said the Judge, interrupting, “have you any questions to ask this man?”
“No! no!” continued Tennessee's Partner, hastily. “I play this yer hand alone. To come down to the bedrock, it's just this: Tennessee, thar, has played it pretty rough and expensive-like on a stranger, and on this yer camp. And now, what's the fair thing? Some would say more; some would say less. Here's seventeen hundred dollars in coarse gold and a watch—it's about all my pile—and call it square!” And before a hand could be raised to prevent him, he had emptied the contents of the carpetbag upon the table.
For a moment his life was in jeopardy. One or two men sprang to their feet, several hands groped for hidden weapons, and a suggestion to “throw him from the window” was only overridden by a gesture from the Judge. Tennessee laughed. And apparently oblivious of the excitement, Tennessee's Partner improved the opportunity to mop his face again with his handkerchief.
When order was restored, and the man was made to understand, by the use of forcible figures and rhetoric, that Tennessee's offense could not be condoned by money, his face took a more serious and sanguinary hue, and those who were nearest to him noticed that his rough hand trembled slightly on the table. He hesitated a moment as he slowly returned the gold to the carpetbag, as if he had not yet entirely caught the elevated sense of justice which swayed the tribunal, and was perplexed with the belief that he had not offered enough. Then he turned to the Judge, and saying, “This yer is a lone hand, played alone, and without my pardner,” he bowed to the jury and was about to withdraw when the Judge called him back. “If you have anything to say to Tennessee, you had better say it now.” For the first time that evening the eyes of the prisoner and his strange advocate met. Tennessee smiled, showed his white teeth, and, saying, “Euchred, old man!” held out his hand. Tennessee's Partner took it in his own, and saying, “I just dropped in as I was passin' to see how things was gettin' on,” let the hand passively fall, and adding that it was a warm night, again mopped his face with his handkerchief, and without another word withdrew.
The two men never again met each other alive. For the unparalleled insult of a bribe offered to Judge Lynch—who, whether bigoted, weak, or narrow, was at least incorruptible—firmly fixed in the mind of that mythical personage any wavering determination of Tennessee's fate; and at the break of day he was marched, closely guarded, to meet it at the top of Marley's Hill.
How he met it, how cool he was, how he refused to say anything, how perfect were the arrangements of the committee, were all duly reported, with the addition of a warning moral and example to all future evildoers, in the RED DOG CLARION, by its editor, who was present, and to whose vigorous English I cheerfully refer the reader. But the beauty of that midsummer morning, the blessed amity of earth and air and sky, the awakened life of the free woods and hills, the joyous renewal and promise of Nature, and above all, the infinite Serenity that thrilled through each, was not reported, as not being a part of the social lesson. And yet, when the weak and foolish deed was done, and a life, with its possibilities and responsibilities, had passed out of the misshapen thing that dangled between earth and sky, the birds sang, the flowers bloomed, the sun shone, as cheerily as before; and possibly the RED DOG CLARION was right.
Tennessee's Partner was not in the group that surrounded the ominous tree. But as they turned to disperse attention was drawn to the singular appearance of a motionless donkey cart halted at the side of the road. As they approached, they at once recognized the venerable “Jenny” and the two-wheeled cart as the property of Tennessee's Partner—used by him in carrying dirt from his claim; and a few paces distant the owner of the equipage himself, sitting under a buckeye tree, wiping the perspiration from his glowing face. In answer to an inquiry, he said he had come for the body of the “diseased,” “if it was all the same to the committee.” He didn't wish to “hurry anything”; he could “wait.” He was not working that day; and when the gentlemen were done with the “diseased,” he would take him. “Ef thar is any present,” he added, in his simple, serious way, “as would care to jine in the fun'l, they kin come.” Perhaps it was from a sense of humor, which I have already intimated was a feature of Sandy Bar—perhaps it was from something even better than that; but two-thirds of the loungers accepted the invitation at once.
It was noon when the body of Tennessee was delivered into the hands of his Partner. As the cart drew up to the fatal tree, we noticed that it contained a rough, oblong box—apparently made from a section of sluicing and half-filled with bark and the tassels of pine. The cart was further decorated with slips of willow, and made fragrant with buckeye blossoms. When the body was deposited in the box, Tennessee's Partner drew over it a piece of tarred canvas, and gravely mounting the narrow seat in front, with his feet upon the shafts, urged the little donkey forward. The equipage moved slowly on, at that decorous pace which was habitual with “Jenny” even under less solemn circumstances. The men—half curiously, half jestingly, but all good-humoredly—strolled along beside the cart; some in advance, some a little in the rear of the homely catafalque. But, whether from the narrowing of the road or some present sense of decorum, as the cart passed on, the company fell to the rear in couples, keeping step, and otherwise assuming the external show of a formal procession. Jack Folinsbee, who had at the outset played a funeral march in dumb show upon an imaginary trombone, desisted, from a lack of sympathy and appreciation—not having, perhaps, your true humorist's capacity to be content with the enjoyment of his own fun.
The way led through Grizzly Canyon—by this time clothed in funereal drapery and shadows. The redwoods, burying their moccasined feet in the red soil, stood in Indian file along the track, trailing an uncouth benediction from their bending boughs upon the passing bier. A hare, surprised into helpless inactivity, sat upright and pulsating in the ferns by the roadside as the cortege went by. Squirrels hastened to gain a secure outlook from higher boughs; and the bluejays, spreading their wings, fluttered before them like outriders, until the outskirts of Sandy Bar were reached, and the solitary cabin of Tennessee's Partner.
Viewed under more favorable circumstances, it would not have been a cheerful place. The unpicturesque site, the rude and unlovely outlines, the unsavory details, which distinguish the nest-building of the California miner, were all here, with the dreariness of decay superadded. A few paces from the cabin there was a rough enclosure, which in the brief days of Tennessee's Partner's matrimonial felicity had been used as a garden, but was now overgrown with fern. As we approached it we were surprised to find that what we had taken for a recent attempt at cultivation was the broken soil about an open grave.
The cart was halted before the enclosure; and rejecting the offers of assistance with the same air of simple self-reliance he had displayed throughout, Tennessee's Partner lifted the rough coffin on his back and deposited it, unaided, within the shallow grave. He then nailed down the board which served as a lid; and mounting the little mound of earth beside it, took off his hat, and slowly mopped his face with his handkerchief. This the crowd felt was a preliminary to speech; and they disposed themselves variously on stumps and boulders, and sat expectant.
“When a man,” began Tennessee's Partner, slowly, “has been running free all day, what's the natural thing for him to do? Why, to come home. And if he ain't in a condition to go home, what can his best friend do? Why, bring him home! And here's Tennessee has been running free, and we brings him home from his wandering.” He paused, and picked up a fragment of quartz, rubbed it thoughtfully on his sleeve, and went on: “It ain't the first time that I've packed him on my back, as you see'd me now. It ain't the first time that I brought him to this yer cabin when he couldn't help himself; it ain't the first time that I and 'Jinny' have waited for him on yon hill, and picked him up and so fetched him home, when he couldn't speak, and didn't know me. And now that it's the last time, why”—he paused and rubbed the quartz gently on his sleeve—“you see it's sort of rough on his pardner. And now, gentlemen,” he added, abruptly, picking up his long-handled shovel, “the fun'l's over; and my thanks, and Tennessee's thanks, to you for your trouble.”
Resisting any proffers of assistance, he began to fill in the grave, turning his back upon the crowd that after a few moments' hesitation gradually withdrew. As they crossed the little ridge that hid Sandy Bar from view, some, looking back, thought they could see Tennessee's Partner, his work done, sitting upon the grave, his shovel between his knees, and his face buried in his red bandanna handkerchief. But it was argued by others that you couldn't tell his face from his handkerchief at that distance; and this point remained undecided.
In the reaction that followed the feverish excitement of that day, Tennessee's Partner was not forgotten. A secret investigation had cleared him of any complicity in Tennessee's guilt, and left only a suspicion of his general sanity. Sandy Bar made a point of calling on him, and proffering various uncouth, but well-meant kindnesses. But from that day his rude health and great strength seemed visibly to decline; and when the rainy season fairly set in, and the tiny grass-blades were beginning to peep from the rocky mound above Tennessee's grave, he took to his bed. One night, when the pines beside the cabin were swaying in the storm, and trailing their slender fingers over the roof, and the roar and rush of the swollen river were heard below, Tennessee's Partner lifted his head from the pillow, saying, “It is time to go for Tennessee; I must put 'Jinny' in the cart”; and would have risen from his bed but for the restraint of his attendant. Struggling, he still pursued his singular fancy: “There, now, steady, 'Jinny'—steady, old girl. How dark it is! Look out for the ruts—and look out for him, too, old gal. Sometimes, you know, when he's blind-drunk, he drops down right in the trail. Keep on straight up to the pine on the top of the hill. Thar—I told you so!—thar he is—coming this way, too—all by himself, sober, and his face a-shining. Tennessee! Pardner!”
And so they met.