CHAPTER IV

A group of shabby men lounging in front of Fult Cawsler's restaurant paid scant attention to a wild-eyed youth who came down the street at a run and dashed into the door. Newt found the dining-room on the main floor empty save for a weary and untidy woman who was clearing away the china of the mid-day trade, and Fult Cawsler himself, whose bulky figure was just then disappearing up the stairs. The boy stood for a moment anxiously gazing about the place with its oil-cloth table-covers and its gaudy wall calendars, then dashed pell-mell after the climbing restaurateur. The woman called to him in high-pitched and raucous prohibition, but Newt Spooner went heedlessly on his way. At the head of the stairs in the murky hallway Cawsler turned, and without at once recognizing the on-rushing invader wheeled belligerently to face him.

The plans which had been hatched in his place that day were not such as would enhance his reputation as a law-abiding tradesman should they come to general knowledge. As the proprietor blocked the way, his voice carried the ring of asperity.

"What in hell air ye makin' such a furss about?"

"Hit's me, hit's Newt Spooner," volleyed the unarmed avenger. "Whar's Red? Whar's the Deacon? I hain't got no time ter fool round. I'm in hell's own haste!"

"They've done gone—all of 'em," responded Cawsler calmly, as he recognized the ex-convict. "I don't know whar they're at." He paused, and then admonished coldly, "Ye'd better set down and calm yoreself. Ef ye runs around town so distracted-like, they'll put ye in the jail-house fer shore."

Newt only snarled. Here was a situation upon which he had not counted. He had unexpectedly found his quarry, and he was unarmed. By the time he remedied his deficiency his victim might have escaped. For an instant he stood in a futile and silent transport of rage, his entire body in a tremor of blood-lust and excitement. Then with an oath he pushed Cawsler aside and entered the room where he had left his clansmen. It, too, was empty, except for a figure breathing with drunken and stertorous stupor in a chair at one corner.

The one man was old Jason Dode. Newt rushed across, and unceremoniously catching him by the shoulders, twisted his sagging figure until it lay chest upward. The old drunkard mumbled and raised balky hands against the indignity, but consciousness flitted only spasmodically across his face, and he sank back again with an incoherent murmur. Newt tore open his coat and vest, and ran his hand under the left armpit, but he found there only an empty holster. Old Jason was drunk and ineffective, and lest in his maudlin condition he might wander out and disturb the equilibrium of their plans, the clan had disarmed him. Newt rose and faced Cawsler.

"I've got ter have a gun," he exploded. "Git me a gun!"

But Cawsler, gazing into the wild face and burning eyes, judged that Newt, too, had been "hittin' up the red licker," and that a gun was just what he least needed. Accordingly he shrugged the fat shoulders under his dirty shirt, and shook his head in negation.

"I hain't got no gun," he lied; "I done loaned mine out." With another wild oath, the would-be assassin dashed down the steps and out into the street. He would search the town until he found a kinsman, and incidentally he would try to keep an eye of sufficient watchfulness on Henry Falkins to remain familiar with his movements. It did not occur to him that Henry Falkins might be unsuspicious. To his mind Henry Falkins must know, if he had heard of the pardon, that, straight as a homing pigeon, Newt would come to him for reprisal. Such was the code of the Cumberlands. So his task was threefold: to arm himself; to find Henry Falkins; and to conceal himself from Henry Falkins.

The Spooner aggregation meant to make its appearance at the psychological moment, and until that moment to remain as invisible as a covey of quail in close brush. Newt, no longer excited of guise, but quiet, almost feline in his alert movements, slunk from saloon to saloon, and scanned the length of the streets with a purposeful glitter in his eye—and his search for a kinsman was vain.

The afternoon was well advanced when the boy, lurking in a side street, saw a buggy pass at a rapid trot, and recognized its occupants. The vehicle was going out Main Street, and in it were a girl and a man. For the second time that day, he had sighted his quarry, and, turning into Main Street, he began to follow. It was merely reconnaissance, but, if he could hold the vehicle in sight long enough, he might know where later to take up his watch. A man on foot is poorly equipped to follow a standard-bred trotter between the shafts of a light buggy, but the streets of Winchester lie over gradual and rolling hills, and the girl who held the reins was a humane driver. A square ahead, she drew her horse to a walk for the climb, so the man could keep them in sight as far as the next ridge, and he strode along at a rapid distance-devouring walk, forgetting his weariness as a hunter forgets it when a covey rises whirring from the stubble.

Then for a while he lost them, and so, losing and regaining his view, he followed them up and down hill till the town dwindled into outskirts and the street became a smooth turnpike between farms and woodlands. But, at last, the difference in speed told, and the boy reluctantly abandoned the chase. Not, however, until he had glimpsed through stretches of velvet woodland a thing which he did not understand, and which he paused in perplexity to study. Back in the patriarchal grove of oaks and walnuts and hickories was a frame platform, and men were working on their hands and knees, polishing its floors. About it were strung long lines of paper lanterns of bright and varied colors and fantastic shapes. Still farther back, but close of access to the platform, rose the front of an ancient and vine-covered mansion with its little village of barns and servants' quarters, peeping out between lilac bushes and cedars. But it was the platform that puzzled the mountain traveler, and he perched himself on the fence to "study" about it.

A negro boy, riding a colt and carrying an empty basket, came jogging down the avenue and into the pike, where he drew rein in response to Newt Spooner's signal.

"What mout thet contraption be over yon?" demanded the mountaineer in a surly voice, as he indicated with a jerk of his head the object of his curiosity.

The servant laughed long and loud. He was a young negro and mounted. By putting spurs to his steed he could escape any penalty of insolence, and if the mountaineer dislikes the negro it is with no greater scorn than that which the negro feels for the poor white. When he had finished laughing his white teeth continued to gleam in a wide grin.

"Thet-thar contraption," he mimicked with an excellent impersonation of the nasal drawl in which he had been questioned, "is a platfawm. It's shorely an' p'intedly a platfawm. Our folks is gwine ter have a platfawm dance ternight. Saxton's band's coming frum Lexin'ton ter play de music, and all de quality folks'll be hyar."

At the sneer of the servant's manner, Newt Spooner had slipped down from the place he had assumed on the fence, and stalked menacingly out into the road. The negro had moved his horse a little to the side and waited. But, at the information received, Newt forgot his wrath in the engrossment of a sudden idea. A dance! The young people would be there in force. Perhaps among them would be the one he sought. In his country where round dances are unknown, special invitations are not required. Word goes out that so-and-so is giving a dance at such-and-such a point, and the countryside troops thither for shuffle and jig and wassail.

"I reckon," said Newt slowly, "I reckon I'll be thar."

The black boy let out a loud guffaw. He leaned back with one hand supporting his weight on the haunches of his mount, and whooped his mirthful derision to the open heavens. Newt gazed at him, first in astonishment; then in passion.

"What air ye a-laughin' at, nigger?" he inquired with low-pitched ferocity of voice.

The boy gathered up his reins, and, under the pressure of his spurred heel, the colt was away in a gallop.

"I may be a nigger," he flung back over his shoulder, "but I ain't no po' white trash. The likes of you comin' to our dance! Good Gawd!" A roar of ironical laughter followed in the wake of clattering hoofs, while Newt Spooner, his thin face working with a positive mania of fury, hurled rock after rock at the retreating figure.

Slowly the mountain boy walked back toward town, his black suit already whitened with a fine coating of turnpike dust.

As he neared the court-house, he quickened his step, for a dense crowd was gathered at its front, and he knew that the speaking must be in progress. His people would be in the throng and they would be armed. If he were going to the dance to-night, he needed a gun, and yet his craftiness automatically set a restraint on his impatient haste. Should he rush headlong into that crowd just on the verge of trouble, he might rush also into arrest. The applause and laughter with which the crowd just now jostled shoulders told him that nothing had yet occurred to break the peace or equipoise of the occasion; but that something was to happen he knew, and the knowledge made him cautious. A distinguished-looking gentleman with white hair was speaking from an improvised stand, and, as the ex-convict drew near the outskirts of the crowd, he found himself standing near a man who wore a blue coat, and leaned on a stout hickory staff. The partial uniform of this individual proclaimed a town marshal, and the badge on the breast corroborated the proclamation. It occurred to Newt that to be talking with an officer of the law when the shooting began would constitute an excellent alibi. So he stopped, and touching the officer on the elbow, inquired:

"Stranger, who mout thet man be, thet's a-talkin'?"

The policeman turned and regarded him out of a broad, good-humored face, in which shrewd, but merry eyes twinkled.

Newt wanted that officer to know him the next time they met, and to remember him definitely, so he returned the gaze with one frank and unblinking.

"That's General Braden, sonny," the town marshal amiably enlightened; "he's just introducin' the Honorable Cale Floyd. That's Floyd now."

"I hain't in yore way, am I, stranger?" questioned Newt humbly by way of further emphasizing his presence. "I 'low ef I hain't, I'll jest stay right hyar an' listen at him speak."

The officer laughed.

"Stay right where you are, sonny," he invited; "I expect it's as good a place as any." And then, to the boy's delight, the other laid a hand lightly on his shoulder.

The young man from the waters of Troublesome wore a blank face, although it was difficult. He had told himself that he felt no hostility for this prosecutor who had convicted him. Yet, now, as he saw the tall man step forward to take his place on the platform, remove his felt hat and shake back the black hair which fell, mane-like, over his forehead, Newt acknowledged a sense of gladness that he was to be killed.

The Honorable Cale Floyd had fought a bitter battle back there in the lawless hills for the vindication of law. He had walked in the shadow of death and had been deprived of office; ostracized like Aristides because he was "too just a man."

Now, he had come down here to the cultured bluegrass, and was being pointed out as something of a hero. Clients with well-filled purses brought their litigation to his office. And it came to pass that in the glow of unwonted recognition, the simplicity with which he had faced peril back there in his own country was slipping from him. He felt the theatric quality of the moment, and struck something of a pose as the crowd took in his tall figure and broad shoulders and country lawyer's make-up of frock coat and black string tie. He had recognized that it was more effective to appear the backwoods lawyer than the well-groomed attorney. His mentality would flash more startlingly from six feet of rugged mountaineer, and his attainments would limn themselves forth in a more impressive forcefulness. In short, the Honorable Cale Floyd was not now averse to capitalizing his past vicissitudes.

So he shook back his hair, and stood smiling with the June sun slanting to his fearlessly rugged features and touching them like a face cast in bronze. Then he began to talk. He warmed into his subject, gathering a wine-like thrill from the interested attention of the upturned faces; faces which long jury experience made as readable to him as clear type, and he threw more and more fire into his utterance, until he was borne out of himself and into a realm of eloquence. With a characteristic gesture, he leaned far outward and stretched his hand, index-like, toward the edge of the crowd. Thus had he turned often from the jury-box and scourged with figure and invective the man in the prisoner's dock. It chanced that all unconsciously the finger went like an aimed weapon to the face of Newt Spooner, and straightway the boy saw red. From his mind passed the white brick façade of the bluegrass court-house, the sea of hats and the field of shoulders, and in their stead there rose again before him the dingy interior in Jackson, where he sat beside his counsel, while this same man, with this same gesture, loosed on his head all the bolts of the law's castigation. And at that same moment, playing with hypnotic intensity on his audience, the Honorable Cale Floyd fell instantly and suddenly silent, holding his bronze-like pose of outstretched arm and hand. It was only for a momentary pause: an oratorical trick of contrast and emphasis, out of which his voice would presently ring again in compelling tones. But in that instant of quiet there rose from the center of the crowd a sudden shuffle and a muffled outcry accompanied by a swaying of bodies. It was so close to the stand that the speaker, looking off more widely, was conscious of it only with annoyance for a marred effect. But, as he drew himself erect once more, to the undefined disturbance was added an outbreak of oaths, and, before they had died away, several close pistol reports came spitting sharply from the front, and little wisps of blue smoke twisted upward above the hats. At once there followed a general pandemonium, shoving, shouting, the shrill screams of women; an effort among the panic-stricken to get away by climbing over those who obstructed them.

With an oath, and an eloquent sweep of the hand to his pistol-pocket, the town marshal left Newt, who stood with an enigmatical smile on his lips, and went ploughing through the scattering mob toward the center of the disturbance. For a breathing space, the speaker stood leaning on the rail of the platform and looking out with no expression on his face save one of chagrined interruption.

Newt Spooner suppressed a snarl of contempt.

"By God," he muttered to himself, "ef they didn't go an' plumb miss him!"

But, as he was still growling inwardly with disgust, the attorney started to step back, reeled and crumpled limply to the floor of the platform.

After the momentary shock of sudden panic the scattered auditors began shamefacedly drifting back for inquiry and a solution.

Newt Spooner saw General Braden and a companion carrying the limp figure of the mountain lawyer down the stairway of the platform and heard them cursing the lawlessness of the mountaineers who, "having made an excursion from their own shambles were waging their damnable war on the streets of a civilized town."

He saw the crowd opening to let out several men who bore another prostrate figure, and, as they passed, one glance at the face, which had fallen back, loose-jawed, between the supporting arms, told him that some one had "gotten" Jake Falerin. Then he saw the town marshal, supported by half-dozen volunteer deputies, fighting for a passage through the throng with the prisoners, whose bodies they shielded with their own. This group made its way up the stairs, and flattened itself against the court-house wall.

Behind the drawn revolvers of the guard, the late convict recognized the faces of Red Newton and his accomplice. Already the crowd, which had a moment before been in panic-stricken flight, was pressing menacingly forward, and talk of lynching ran like wildfire from mouth to mouth. The officer was brandishing his pistol, and two of the volunteers were holding aloft, in show of force, the revolvers they had taken from the captives, whom they were waiting to slip through the court-house halls to the jail. Someone had gone around to unlock the doors.

The prisoners themselves stood stoically enough with mask-like faces, and if the roar of bluegrass wrath intimidated them, their eyes and lips showed no trace.

The countenance of Red Newton even wore a satirical smile as he commented to the other Spooner, loudly enough to be heard around a wide radius:

"These-here furriners air shore hell-bent on law an' order, hain't they? They're bounden fer ter have hit, even if they has ter lynch folks ter git hit."

Then the door opened, and the officer with his prisoners backed swiftly through it and slammed it in the faces of the crowd. Newt calmly walked down the stairs, and strolled along the street. At a corner, he saw Black Pete leaning nonchalantly against the wall in conversation with a farmer, who was roundly berating the violence of the mountaineers. The Deacon was chewing a wooden toothpick and regarding his chance companion with grave and respectful attention, nodding his head in approval of the sentiments expressed, but, as Newt passed him, he fell into step, and the two walked together toward Mr. Cawsler's restaurant.

"Son," suggested the quiet giant who had arranged the little tragedy of the afternoon, "this town's going to be a right-bad place for us mountain men for a time. If I was you, I'd dig out."

"Thet's my business," retorted the other sullenly. "I've got a matter ter settle up, fust—besides I reckon I kin prove I didn't have no hand in these doin's. I was havin' speech with the policeman when hit busted loose."

The Deacon came as near smiling as he ever came. One side of his long mustache tilted up, but his eyes remained sadly grave.

"I reckon I can prove that I didn't have no part in it, either," he said easily. "But some of these Falerins have seen me around town, and I reckon they'll try to get me implicated. That Falkins crowd suspects everybody. Come in here with me a minute, son."

The Deacon turned and led the way into a saloon, already noisy with excited men having recourse to drink and discussion.

They passed through the place and into the yard at the rear, where, after a look around to assure himself that they were alone, the older man drew a heavy revolver from under his coat.

"If they try to get me into it," he said calmly, "I'm going to make them search me. Keep my gun for me a while, if you don't mind. You were with the policeman, and they won't suspicion you."

For a moment Newt hesitated, then came the thought of his own affairs. A weapon was what, above all other things, he needed. Accordingly, he took it silently, and slipped it inside his coat, and without a word or a nod turned and walked back through the saloon, to disappear beyond its swinging screens.

When night came a two-thirds moon rode high and paled the summer stars into pin-points. Newt Spooner knew from talk on the streets that the lawyer would recover to reap greater reputation from the affair in which, even after leaving the storm of his own country, he had fallen under a mountain hand. But Jake Falerin would reap nothing from the afternoon's doings beyond an obituary in the newspapers: an obituary which would recount a sanguinary career closed with a sanguinary climax.

These matters, however, gave Newt only minor concern. He was not to be shaken from a fixed resolve by other men's hopes or disappointments. Nightfall found him trudging out the moon-bathed turnpike between the blue and silver mists of the fields; because, though uninvited, he was going to a party. He was not going as a guest, nor yet wholly as an onlooker. If one man was not among the guests, he would turn back from the fringe of the festivity, touching it no further. If that one man was there, Newt Spooner meant to break up the party, and add a sequel to the shocking transpirings of the afternoon.

Many buggies passed him, driving slowly, for the night was gracious with the sweet fragrance of the young summer, and the occupants of the vehicles were young, too, and no part of a summer dance is better than the going thither and the coming home. From this caravan came the music of much laughter, and now and then the lilting of a song: sounds as unaccustomed to Newt Spooner as grand opera. But the only impression made on him was the realization that he was too early; so, when he found a thick grove flanking the road, he climbed the fence and lay down under a hedge and rested. While he was stretched there in the dewy grass, he cocked and uncocked the revolver to make sure that, when he needed it, it would not fail him.

It was a night for lovers and lovers were availing themselves of it, but to Newt Spooner the seductive whispers through the upper branches of the oaks carried no message of peace or minstrelsy. Yet, even to him, there was a dumb sense that life here in the great "down below" was a different thing, and, as he lay there fingering the mechanism of his revolver, he could not escape a large and disturbing wonderment. The breadth of the sky made him feel small and alone in the center of vastness. At home, mountain walls rose confiningly on all sides and one looked up at a narrowed patch of stars as if from the depth of a great well. But here one could gaze away on the level of the eyes and watch the wonderful phenomenon of a heaven coming down with its stars to meet the edge of the flattened earth. At home, one would ride the dirt roads on muleback and in silence, save where the hoofs splashed along the creek-beds. But here the horses beat a sharp rat-tat with metal shoes on a metaled road, and the rubber-tired wheels ran noiselessly. These people, too, reversed the order of things even as their country reversed them. At home, almost every one was poor; here every one seemed rich, and the women, whom every mountaineer knows should be treated as inferiors, suited only to the tasks of housework and child-rearing, were treated by the men as equals. That he knew from the chatter and laughter of those who passed in earshot, driving two and two. And what fools they all were, for surely no people who were not fools could chatter and laugh and sing!

After an hour, the buggies passed less frequently, leaving the road free of travel, except for town-faring negroes on foot and singing. Then Newt Spooner came out from behind his hedge and made his way once more along the turnpike. What his eyes had once seen his memory retained with photographic distinctness, and as soon as he reached the beginning of the low stone fence, which he had noted that afternoon, he knew that he was drawing near the dance.

But Newt would have known that he was near his destination without the fence, for already, though blurred by the distance into an indistinct and formless spot of brightness and color, he could make out the illumination of the Chinese lanterns and there came to his ears across the softness of the night the merry strains of a band playing a two-step.

The mountain boy made a rapid survey. The house sat deeply back in the woodland, some five hundred yards from the road, but the platform, though almost directly at its front, lay nearer the farther side. The lateral fences of the woodland were lined with locust groves, giving a band of shadow along the edges. He might have crossed the fence at the nearest corner and worked his way back, but time was not an object, and so, before selecting his route, he went along the turnpike to the other side of the place for fuller reconnaissance, and found there even better and more continuous cover. Also, by taking that side, he was further from the driveway and would arrive closer to the platform without leaving the shadow. As Newt crossed into the woodland, he became invisible, thanks to the inky shade of the locusts, just now heavy with fragrance of bloom. The thickets of his own rhododendron and laurel could not have availed him more serviceably. At his left were acres of undulating bluegrass, broken generously with forest trees, and between the trees lay a silver lake of open moonlight, dotted with islands of shadow. But, by following the fence line back, he could invisibly draw near to the platform, and creep still closer under the shelter of a heavy growth of lilac bushes.

Suddenly, the mountain boy's heart began to pound in a strange way. He had never been afraid of anything and he was not afraid now, but as he crept, like a woodland animal, close enough to take in details, he felt as a man might feel who finds himself pursuing an enemy on Mars. He was in a new world and one so strange to him that its very difference brought a sense of misgiving. He had been born and reared in a windowless mountain cabin of one room. His light at night had been that of crackling logs on a stone hearth and a single lamp without a chimney. He had heard hatred of enemies preached before he could talk himself. That his present purpose was righteous, he passionately believed; that one should pay his blood-debt seemed axiomatic. Yet, as he looked out, he could not shake off that sense of strange uneasiness. Something was wrong. Perhaps it was simply the inarticulate realization that the scene was set for merry-making and not for tragedy. At home, it was different. The mountains were sterner and bred sterner emotions. The darkness there seemed grimmer, too. This was not the night or place for a murder.

Criss crossed about the platform and between the trees swayed the vivid color splashes of the lanterns, like magnified and luminous confetti. Sifting and eddying on the swaying floor went the rhythmic whirlpool of dancers. The soft colors of evening gowns, the ivory flashes of girlish shoulders and the floating of filmy scarfs dizzied the boy, who by the iron dictate of heredity and upbringing was a human rattle-snake. The strange sight of men in evening dress, their shirt-fronts gleaming like conspicuous targets, added to his bewilderment.

Between the trees passed strolling couples whose laughter lilted musically, and, as he crept nearer in the shadow of the lilac bushes, he saw a queer little affair which was also new to him, only a few yards away. It was a rustic summer-house, over the timbers of which trailed masses of honey-suckle, and into it, as he lay there peering sharply ahead, went a man and a girl. The man was dutifully wielding a fan after the flush of the dance and talking earnestly in a low tone, and the girl was laughing up into his face with a silvery softness so unlike the nasal voices of his own kind that Newt could make nothing of it. Nowhere was the hint of hardship: the hardship which was in his country life's dominant note. Back at the rear in the moonlight, the whitewashed barns and fences gleamed like structures of ivory.

He lay there on his stomach, his elbows on the ground and his chin in his hands, trying to search the faces of the dancers. But the dancers shifted and sifted in so bewildering a maze that even had they been nearer at hand he could hardly have identified familiar features. Then the music stopped, and he drew a breath of relief, for the platform partly emptied itself, and, as the couples came down and strolled under the lanterns, it was easier to search for the face he wanted to see.

Newt Spooner had been there perhaps an hour while waltz and two-step alternated to set the human mass he was trying to sift into fresh and maddening puzzles of rapid movement and vagueness. At the distance he had decided it was hopeless, and though the summer-house under the honey-suckle seemed a favorite retreat to which couple after couple came for a moment of rest and innocent flirtation, it had not proved a Mecca for his victim, if indeed his victim were there at all. Of this possibility he now felt a diminishing credulity. He would, nevertheless, try to slip closer for a final scrutiny and then go back to town, admitting temporary defeat. Then, as with snake-like movements he was hitching himself forward, he suddenly stopped and crouched closer to the ground and held his intaken breath in his throbbing throat.

A new couple came out of the shadow and strolled across the patch of open moonlight toward the summer-house. The girl was she who had picked him up on the road, and the man was Henry Falkins. Even in evening dress, there was no mistaking the features, and that shirt-front was a target to even an amateur's taste.

The girl wore a filmy gown and about her bare shoulders was thrown some silky thing as iridescent as gossamer. But, unlike those others who had come there, she was not laughing.

Instead, she was looking up with a very direct gaze into the man's face, and her eyes and lips bore a somewhat wistful seriousness.

At the front of the summer-house, her companion stopped and broke a spray of bloom from the vine.

"It always reminds me of you," he told her in a soft voice. "There may be sweeter fragrances, but I doubt it. I guess that's why."

He lifted a drooping branch of leaf and bloom, and she passed under his arm.

Newt Spooner was lying only a few yards away, but he must be closer. The mass of vine obscured his line of vision, and he had no wish to kill the girl. Behind his ambuscade of trellised supports, he could come near enough to reach his hand through and touch his victim if he chose. It was almost too simple—too easy. Yet, after all, it was a bad arrangement, though that he could not remedy. He must announce himself to the man he meant to kill, or defeat the satisfaction of revenge. To let him die without realizing why would rob the punishment of its sting. Then the woman would doubtless make an outcry, and his chance of escape would end. Besides that there was a second objection: the girl had befriended him. He was to some extent "beholden to her." He wished now that he had refused to drive with her; but, when he had accepted her invitation, he had had no idea that his purpose could concern her, and his purpose came first.

Newt Spooner drew very near. He cautiously pulled back a branch of the honey-suckle, and looked through. The girl was sitting with her eyes downcast, and the man standing with one knee on the rough bench. He was leaning forward and his voice, though tense with earnestness, was almost a whisper. Newt might at that moment have been noisy instead of noiseless without danger of distracting the attention of that man and woman.

At home in the mountains, Henry Falkins would have been more wary, but here in the bluegrass he had laid aside all thoughts of danger, as he had laid aside his high-laced boots and corduroys. He was standing at the other side of life's gamut. Enmity, for him, did not exist. The universe was filled, he believed at that moment, to the boundary of the last sentinel star with love. The night breathed it. He was breathing it, the girl's eyes were just then raised to meet his, brimming with a light that set his pulses bounding.

"Back there in the hills," he said, "there is a place high up the mountainside that looks down on such a night as this over an ocean of silver mists in the valley. I have often gone there alone and listened to the nightingale talking about you. After this," he added joyously, "all nights will be moonlight and starlight for me, dear, if—" But there he broke off and became silent.

Newt Spooner advanced one knee a few inches, and steadied his position. He drew the vine back a little further with his left hand, and slowly thrust his right into his coat pocket. When it came back, it held the pistol, and this Newt placed at his back, that the soft click of its cocking might be muffled by his intervening body.

The stars were as bright and the moon as serene that night back in the broken ramparts of the mountains as here in the lowlands. No hint of brewing tragedy disturbed the majesty of the summits that raised their crests into the cobalt, or marred the silvery flood that bathed the valleys.

Where the college buildings nestled in a tidy village near the waters of Fist-fight Creek, the picture was a nocturne that must have brought joy to the heart of a painter whose soul responds to the beautiful.

Already, in the dormitories, most of the children were asleep, but one girl, who was half child and half woman, crept noiselessly down the stairs of the building where she had her room, and made her way to the creek-bank.

She had spent a longer time over her studies than had her fellow pupils, because in her serious little breast burned a hunger for that education which might open new ways and make for her a life beyond the imprisonment of her environment.

In years, Minerva Rawlins was a child, but the life of her people brings early maturity and into her little brain had recently been creeping the restlessness of new things—and of womanhood. To-night, the plaintive call of the whippoorwills from the deep shadows of the timber was a call to be under open skies, where the thoughts that assailed her might not feel cramped within walls. There were many things of which she must think—and it happened that the subject uppermost in her mind was Henry Falkins.

She went with lithe tread and pliant carriage down beyond the saw-mill to a spot where the sycamores hung low by the waters that swirled in a cascade over a litter of huge rocks. On the steep mountainside beyond, the flowering laurel and rhododendron were thick, and the forests hardly showed a scar from the axes that had claimed the timber for the buildings. She had discovered that here through a gap between two summits she could see the same pale star to which the single pine had pointed back there from the front door of the cabin, which, wretched as it was, had been her only idea of home. In the silvers and grays and cobalts of the picture, and in the night song of the whippoorwills and booming frogs, there was solace, and to-night she wanted solace.

She told herself that this restlessness which would not let her sleep was loneliness; but beyond that single feeling were others more complex for which she had no analysis.

There was the starving eagerness for something very different from what wares life had ever spread to her gaze, some yearning that had crept down through lapsed generations from an ancestor or ancestress who had known the courtly life of Old Virginia before the pioneer tide swept them westward to their stranding. This hunger was a fiery thing, which made the eagerness to learn blaze hotly because its attainment meant struggle.

Then there was the conflict between that loyalty which the code of the Cumberlands impresses as a cardinal duty upon its children, and an insurgent hatred for the squalid family into which her father's second marriage had thrown her.

The law of feudalism and of the clan writes at the head of its decalogue, "Kith and kin above all." Minerva would have resented an implication of wanted staunchness, and yet as she sat with her small and well-chiseled chin cradled in the hands, which drudgery must soon make hard and shapeless, her eyes filled with tears and her slender body trembled with instinctive repulsion at the thought of return to the cabin where the razor-backed hogs would scratch their backs under the gaping floor timbers, and where darkness hung day-long between smoke-blackened rafters.

And though she did not admit that either, a part of the restlessness was the awakening of womanhood, and the woman's hunger for love. She thought of all the young men she knew back there; of the boorish creatures whose breath reeked with moonshine whiskey, and whose thoughts were as coarse as their brogans, and once more a shiver ran through her.

It all made her feel very wicked. She had come to the college and learned a little, and she had learned above all a fastidious discontent, which was poisoning her thoughts.

She told herself she ought to be very happy. Then a smile stole across her face as she sat there in the moonlight, and she drew from the collar of her calico dress a small medal on a string. It was a medal that had a few days before been awarded her for proficiency, but to her it stood for the nearest glimpse she had ever had of romance, though of romance passing by like a caravan which she had viewed from the wayside.

There had been spelling matches and recitations and the award of small prizes at the college, and the rough folk had trooped in from the countryside, riding mules or walking from many miles about. Women had come in bright-hued calicoes and sun-bonnets, and bearded, gaunt men in hodden-gray. Through that gathering and above it, since one who is very young and very inexperienced may be pardoned for a finger-touch from the gods of romance, a figure had stood out for Minerva Rawlins, endowed with every superiority.

The guests of honor on that occasion had been Old Mack Falkins and his son Henry. Old Mack had made a speech and, in awarding the prizes, his son had followed him. The people of the countryside had listened, and their applause had rocked the rafters, with that sincerity of admiration which they accorded to his native-born eloquence. But it was the younger man who had brought to Minerva Rawlins her first stir of hero-worship; the adulation of the inexperienced young girl for the first man she had seen who seemed an exemplar and a revelation.

Comparison is the one yard-stick of life, and by comparison this young man, who had lived the life of the outer world as well as that at home, might well have loomed large to such impressionable eyes.

Minerva was seeing that scene again; the school-room with its shuffling audience, and the young speaker whose words carried no taint of dialect or inelegance, as he spoke of the torch which was being lighted here to dispel the murk of illiteracy.

What Henry Falkins had said became in a fashion Minerva's standards. She found herself hating the lawlessness of the feud and the squalor of backwoods ignorance. She found herself wishing to be a recruit in the little army that sought to raise other ideals—but most of all she found herself longing rebelliously for the chance to have in her own life the companionship of some man like that. To herself she put it that way. She did not saythatman, but, when she said "some man like that," the features and bearing and voice of young Falkins portrayed themselves, and as she sat with the medal in her fingers, listening to the whippoorwills, her fancy conjured up his image.

When Newt Spooner had begun his search for Henry Falkins that afternoon he had not been so unobserved as he thought himself. Not very far behind him had walked Red Newton. He had not left Cawsler's with any intention of spying upon the boy and had seen him only by chance, yet when the latter halted in front of the hotel and stood there with the telltale expression which the recognition of Falkins brought to his face, Red Newton observed it and slipped silently into the door of a convenient store. When Newt went running excitedly back to Cawsler's place, the brain of the older clansman began to work rapidly. To his memory recurred the tirade that had broken so tempestuously from the boy's lips.

"I knows what I'm atter. I knows who I'm ergwine ter git. Thar's a feller I'm ergwine ter kill." The unforgiving malice in the boy's eyes, the rigid posture of his whole body as he stood contemplating his enemy, told Red Newton the whole story. This, then, was the man Newt meant to kill. It was logical enough. This was the witness who had riddled the alibi.

At first, Red Newton shrugged his shoulders in the fashion of one who has no call to meddle in the affairs of others, but as fresh aspects of the matter presented themselves to his consideration, a very real danger to all his family arose to confront him.

If Newt should shoot Henry Falkins on the streets of Winchester before the speaking of this afternoon, it would stir into action such a tidal wave of public indignation against the mountaineers that the more vital conspiracy would be thwarted. He surmised that Newt was rushing back to Cawsler's place to arm himself, and his first instinct was to follow. Then he remembered that the place was now empty save for the drunken Dode, and Cawsler himself, whose discretion could be trusted. So, he took no action, and, when later the same buggy passed the court-house and within a few moments Newt went swinging along after it on foot, the disappointed face of the boy told the other that he had failed. Red Newton rubbed his stubbled chin reflectively, bit off a large chew of tobacco and withdrew into his inner consciousness for reflection. As the result of those cogitations he strolled over to the hitching rack where he found a lowland farmer with whom he had spent a part of the morning talking cattle.

"Stranger," he suggested, "I 'lowed I'd love to ride out the road a piece, an' I figgered I'd ask ye ter lend me yore horse fer about a half-hour. I hain't ergwine fur, an' I won't ride him hard. I'll do es much fer you when you come up my way."

With ready assent, the farmer went over and untied his plug, and Red Newton swung himself to the saddle. Then he rode slowly and casually after the boy. He did not try to overtake him, satisfying himself with keeping him in sight, while he himself remained too far back to be recognizable. But Red Newton had affairs of consequence in town, so, as soon as he was satisfied that Newt had lost sight of the buggy, he turned back. He intended to mention the circumstance to Black Pete, but Black Pete was keeping discreetly out of sight, and so he found no opportunity for speech with him.

Meanwhile, the throng about the court-house was thickening, and Red Newton caught sight of Jake Falerin making his way to a place near the stand. That was his own cue for action, so, forgetting minor things, and keeping as inconspicuous as possible, he began edging toward a position of proximity in Falerin's rear. He signaled with a nod to one of his kinsmen, who was standing silently, but alertly, a little way off, and who at once began working forward in answer to the sign. The plan worked with well-oiled smoothness. Red Newton came so close that he almost brushed shoulders with his intended victim, and even when he stood at Jake Falerin's back, chewing his tobacco with as little expression as a cow chewing its cud, Falerin did not turn around or suspect his presence.

As the speaking went forward, Red Newton cast his eyes about, and placed those of his kinsmen who were present. It had not been deemed advisable to have the clan largely represented, and it gave him pleasure to recognize that Falerins largely out-numbered Spooners. Later, when the question of self-defense and placing the responsibility arose, it would appear that the Falkins element had come en masse, and from this circumstance would arise a presumption of malice aforethought on their part. That would materially strengthen the Spooner defense. In dividing the mountain men into the two factions of Spooner and Falkins, Red followed the classification of the feud. The Falerins and Hulburts and their kindred were "Falkinses," though they bore other names, just as he himself, though a Newton, was nevertheless a Spooner.

At the psychological moment, Red Newton stepped forward and violently dug his elbow into Jake Falerin's midriff. Falerin wheeled to see who was crowding him, and the eyes of the two mountaineers met in a glance which escaped the generality of upturned faces. So well did each understand what a quarrel between them must mean that Jake did not hedge an inch nor attempt to evade the issue. He planted his left fist on Red Newton's jaw, while he drew with his right. But Red Newton was the more prepared, though, as he reeled back under the blow, he would have fallen, had there been room to fall. As it was he leaned against the crowd, and fired from that position, just a fraction of a second before Falerin's weapon came free of the holster. It was only those directly at Red's back who saw the swift play, and to their eyes it bore the seeming of self-defense. In the same instant, the kinsman at Red Newton's shoulder fired on the attorney so suddenly that it looked as if he too were aiming at Falerin's head, instead of just to its side.

Later in the afternoon, Black Pete, whose name had been mentioned to the commonwealth attorney by several of the Falerins, walked voluntarily into the office of that functionary. His demeanor was quiet and deeply grieved. Moreover, it was characterized by a show of frankness that was disarming. He said he would be glad to submit to a search—that he never went armed. He feared that in an indirect way, though entirely without his intent, he had been instrumental in bringing on the afternoon's deplorable tragedy. The commonwealth's attorney was astounded at this unsolicited statement, verging so closely on a confession, and felt impelled to warn the Deacon that he might yet find himself a defendant, and that whatever he said would be used against him. Had the Deacon been addicted to smiling he would have smiled then. As it was, he only nodded his head gravely, half sadly, as he stood there, his hands in his pockets, and his steady gray eyes unwaveringly holding those of his inquisitor.

"I reckon that's right, an' I'm obliged to you," he answered respectfully, "but I find as I go 'long that a man gets just as far by tellin' the full truth."

"Just as you like. What part did you have in this affair?" demanded the state prosecutor—a little too eagerly.

"Maybe you'd better let me tell it my own way," suggested Black Pete imperturbably. "I haven't got much education and I may ramble a little, but I'll do my best. You know all about the feud, I reckon? I went West years ago, and out there I got to see that these things are foolish. A sort of truce was patched up finally, and it was agreed that I must stay West, and Jake Falerin must leave the mountains, too. I got a little money saved up, and sent word that I was comin' home to settle up a mortgage on my sister's farm, and attend to some other family business. I didn't aim to stay, and I haven't been any closer to the mountains than right here. I wasn't goin' any closer till everybody agreed to it. I didn't think these fellers would fight right here in Winchester."

The Deacon stood with the regretful air of one who has been disappointed in his confidence as to the worthiness of others. At last, he continued in a conscience-stricken tone:

"I've been studyin' about it considerable since it happened. I'm afraid the Falerins saw me, and figured I'd broke the truce by comin' back, and, when Jake met Red in the crowd, they both got panicky, and begun to shoot."

That was all the Deacon had to state except his promise to remain in Winchester, subject to the call of the commonwealth. He knew that no one, save a handful whom he could trust, could implicate him in the conspiracy, which he had devised and engineered. His claws and fangs were well-tucked under his sheep's hide of innocence. While he was in the law-office, the jailer arrived with news that Red Newton and his other prisoner had asked to see Black Pete Spooner, with a view to employing counsel for their defense. The Deacon turned to the commonwealth's attorney.

"What do you think?" he said. "I reckon these boys have that privilege, haven't they? I want to be fair all round. If they did shoot in self-defense, I want them to have their rights, but I'll be here if you need me."

So, late in the afternoon, in the privacy of the cell which the two mountaineers complacently shared, the Deacon heard from Red how the boy, Newt, fresh from the penitentiary, was already on the trail of a "marked-down" victim. It was news that disconcerted the master assassin to a degree which he would not have cared to admit. These men depended upon making a case of self-defense, and looked to him to see them through. The gravest element that confronted them was the violent dislike of the bluegrass, where they must face trial, for the murderous tendencies of the mountains. If there should occur on the heels of the first tragedy a second, traceable to a mountain man, the fat would be in the fire. At all costs, young Newt must for the present hold his hand. Above all else, that was imperative. Black Pete questioned the prisoner searchingly and learned that Newt had gone out Main Street, and Red had followed him for some distance. Therefore, that was the road young Newt would watch, and the road upon which young Newt must be watched. Cawsler later reported the manner in which the boy had come demanding arms, and the Deacon bitterly regretted having surrendered to him his own pistol.

And Newt had disappeared. Of each Spooner he met, the Deacon demanded news of his whereabouts. Finally, near the court-house, he met a man who had seen the sought-for one sauntering slowly out the road near the edge of town. Since it was only a few minutes before, he could not have gone far.

The Deacon hurried forward, and from a party of incoming negroes he learned of the dance, which explained the procession of buggies and gave him a clew. Probably, Newt had learned that his intended victim would be there. At least, it would be worth investigating. But of Newt himself he saw nothing, for when he reached the spot where the boy had climbed the fence to kill time behind the hedge, he unwittingly passed him by. At the beginning of the stone fence, where he caught first the music and the light of the festivities, his eye took in the growth of locusts and his mountain mind reckoned by swift processes. Here was such natural cover as a man would be likely to seek in working his way surreptitiously rearward. He had begun to fear he might be too late, in which event his coming at all would be more fatal than staying away. That haste prevented his using the most exhaustive caution, and so he did not explore to the far side of the woodland, but crossed the fence at the nearest corner and went swiftly back, skulking in the shadow. In point of fact, instead of being later than the boy, he arrived first, but on the opposite side of the broad lawn. When he had gone back as far as the house level, his painstaking search commenced. He was not only endeavoring to remain concealed, important as that was, but also to penetrate the shadows and find the other hidden man. It was a thing that would have been sheer impossibility but for his splendid wood-craft and the catlike focus of his eyes in the night. So, when he had exhausted the possibilities on that side of the house to his full satisfaction, he recognized his mistake, and knew that he had wasted precious time. He should be on the far side, and, taking a long detour which carried him far to the rear of the barns and led him behind the fence line of the paddock lots, he worked his way up again to the front until he reached the edge of the lilac bushes, and could see the summer-house. To that spot he began crawling noiselessly, and, led by a sure instinct, and while still some fifty yards away, his trained eye caught a stealthy shadow also hitching forward at his front. There still lay between him and Newt Spooner the matter of some thirty yards, and, even if he rose to his feet and ran for it, he would overtake the boy so close to the vine-covered retreat that any sound of interference would result in the discovery of both. He did not personally know that the summer-house was occupied, but he argued it from the movements of the other skulker. Newt was so engrossed in his hate that at this particular moment he had eyes and ears only for the front. Between the lilac thicket where Black Pete crouched and the vine shadows where Newt knelt, lay an open space of flooding radiance, but it was directly behind the summer-house, and, unless Newt saw him crossing it, no one was apt to see. The Deacon rose to his feet and ran for it.

As Newt thrust the revolver behind him to cock it, Black Pete's hand closed silently around his, and Black Pete's thumb was jammed between the back-drawn hammer and the firing-pin.


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