CHAPTER IVTHE TRIAL
The day of his trial came as a welcome change to Harold. He had no fear of punishment and he hated delay. Every day before his sentence began was a loss of time—kept him just that much longer from the alluring lands to the West. His father called often to see him, but the boy remained inexorably silent in all these meetings, and the minister went away white with pain. Even to his sister Harold was abrupt and harsh, but Jack's devotion produced in him the most exalted emotion, and he turned upon his loyal chum the whole force of his affectionate nature. He did not look up to Jack; he loved him more as a man loves his younger brother, and yet even to him he would not utter the words young Slocum had flung at him. Lawyer Talcott had asked young Burns to get at this if possible, for purpose of defense, but it was not possible.
The court met on the first Tuesday in September. The day was windless and warm, and as Harold walked across the yard with the sheriff he looked around at the maple leaves, just touched with crimson and gold and russet, and his heart ached with desire to be free. The scent of the open air made his nostrils quiver like those of a deer.
Jack met them on the path—eager to share his hero's trouble.
"Please, sheriff, let me walk with Harry."
"Fall in behind," the sheriff gruffly replied; and so out of all the town people Jack alone associated himself with the prisoner. Up the stairs whereon he had romped when a lad, Harold climbed spiritlessly, a boy no longer.
The halls were lined with faces, everyone as familiar as the scarred and scratched wall of the court room, and yet all were now alien—no one recognized him by a frank and friendly nod, and he moved past his old companions with sullen and rigid face. His father met him at the door and walked beside him down the aisle to a seat.
The benches were crowded, and every foot of standing space was soon filled. The members of the First Church were present in mass to see the minister enter, pale and haggard with the disgrace of his son.
The judge, an untidy old man of great ability and probity, was in his seat, looking out absently over the spectators. "The next case" to him wasonlya case. He had grown gray in dealing with infractions of the law, and though kindly disposed he had grown indifferent—use had dulled his sympathies. His beard, yellow with tobacco stain, was still venerable, and his voice, deep and melodious, was impressive and commanding.
He was disposed to cut short all useless forms, and soon brought the case to vital questions. Naturally, the prosecution made a great deal of Harold's bad character, drawing from ready witnesses the story of his misdeeds. To do this was easy, for the current set that way, and those who had onlythoughtHarold a bad boy nowknewthat he was concerned in all the mischief of the village.
In rebuttal, Mr. Talcott drew out contradictory statements from these witnesses, and proved several alibis at points where Harold had been accused. He produced Jack Burns and several others to prove that Harold liked fun, but that he was not inclined to lead in any of the mischief of the town—in fact, that he had not the quality of leadership.
He pushed young Burns hard to get him to say that he knew the words of insult which Slocum had used. "I think he used some girl's name," he finally admitted.
"I object," shouted the prosecution, as if touched on a hidden spring.
"Go on," said the judge to Talcott. He had become interested in the case at last.
When the lawyer for the prosecution cross-examined young Burns he became terrible. He leaned acrossthe table and shook his lean, big-jointed finger in Jack's face. "We don't want what youthink, sir; we want what you know. Do youknowthat Slocum brought a girl's name into this?"
"No, sir, I don't," replied Jack, red and perspiring.
"That's all!" cried the attorney, leaning back in his chair with dramatic complacency.
Others of Harold's companions were brow-beaten into declaring that he led them into all kinds of raids, and when Talcott tried to stem this tide by objection, the prosecution rose to say that the testimony was competent; that it was designed to show the dangerous character of the prisoner. "He is no gentle and guileless youth, y'r Honor, but a reckless young devil, given to violence. No one will go further than I in admiration of the Reverend Mr. Excell, but the fact of the son's lawless life can not be gainsaid."
Slocum repeated his story on the stand and was unshaken by Bradley's cross-examination. Suddenly the defense said: "Stand, please."
Slocum arose—a powerful, full-grown man.
Bradley nodded at Harold. "Stand also."
"I object," shrieked the prosecution.
"State the objection," said the judge.
"Keep your position," said Bradley sternly. "I want the jury to compare you."
As the prisoner and the witness faced each other the court room blossomed with smiles. Harold looked very pale and delicate beside the coarse, muscular hostler, who turned red and looked foolish.
Ultimately the judge sustained the objection, but the work was done. A dramatic contrast had been drawn, and the jury perceived the pusillanimity of Slocum's story. This was the position of the defense. Harold was a boy, the hostler had insulted him, had indeed struck him with a whip. Mad with rage, and realizing the greater strength of his assailant, the prisoner had drawn a knife.
In rebuttal, the prosecution made much of Harold's fierce words. He meant to kill. He was a dangerous boy. "Speaking with due reverence for his parents," the lawyer said, "the boy has been a scourge. Again and again he has threatened his playmates with death. These facts must stand. The State is willing to admit the disparity of strength, so artfully set forth by the defense, but it must not be forgotten that the boy was known to carry deadly weapons, and that he was subject to blind rages. It was not, therefore, so much a question of punishing the boy as of checking his assaults upon society. To properly punish him here would have a most salutary effect upon his action in future. The jury must consider the case without sentiment."
Old Brown arose after the State had finished. Everyone knew his power before a jury, and the room was painfully silent as he walked with stately tread to a spittoon and cleared his mouth of a big wad of tobacco. He was the old-fashioned lawyer, formal, deliberate; and though everybody enjoyed Bradley Talcott's powerful speech, they looked for drama from Brown. The judge waited patiently while the famous old lawyer played his introductory part. At last, after silently pacing to and fro for a full minute, he turned, and began in a hard, dry, nasal voice.
"Your Honor, I'm not so sure of the reforming effect of a penitentiary. I question the salutary quality of herding this delicate and high-spirited youth with the hardened criminals of the State." His strident, monotonous tone, and the cynical inflections of his voice made the spectators shiver with emotion as under the power of a great actor. He paced before the judge twice before speaking again. "Your Honor, there is more in this case than has yet appeared. Everyone in this room knows that the elopement of Dorothy Burland is at the bottom of this affair, everyone but yourself, judge. This lad was the accepted sweetheart of that wayward miss. This man Slocum is one of the rough, loud-spoken men of the village, schooled in vice and fisticuffery. You can well imagine, gentlemen of the jury," he turned to them abruptly, "you can well imagine the kind of a greeting this town loafer would give this high-spirited boy on that morning after the night when hisinamoratadisappeared with a married man. The boy has in him somewhat of the knight of the old time, your Honor; he has never opened his lips in dispraise of his faithless love. He has refused to repeat the insulting words of his assailant. He stands to-day at a turning point of his life, gentlemen of the jury, and it depends on you whether he goes downward or upward. He has had his faith in women shaken: don't let him lose faith in law and earthly justice." His first gesture was on the word "downward," and it was superb.
Again he paused, and when he looked up again a twinkle was in his eyes and his voice was softer. "As for all this chicken roasting and melon lifting, you well know the spirit that is in that; we all had a hand in such business once, every man Jack of us. The boy is no more culpable now than you were then. Moreover, Excell has had too much of the mischief of the town laid on his shoulders—more than he deserves. 'Give a dog a bad name and every dead sheep is laid at the door of his kennel.'
"However, I don't intend to review the case, y'r Honor. My colleague has made the main and vital points entirely clear; I intend merely to add a word here andthere. I want you to take another look at that pale, handsome, poetic youth and then at that burly bully, and consider the folly, the idiocy, and the cowardice of the charge brought against our client." He waited while the contrast which his dramatic utterance made enormously effective was being felt; then, in a deep, melodious voice, touched with sadness, he addressed the judge:
"And to you, your Honor, I want to say we are old men. You on the bench and I here in the forum have faced each other many times. I have defended many criminals, as it was my duty to do, and you have punished many who deserved their sentences. I have seen innocent men unable to prove their freedom from guilt, and I have known men who are grossly criminal, because of lack of evidence—these things are beyond our cure. We are old, your Honor: we must soon give place to younger men. We can not afford to leave bench and bar with the stain of injustice on our garments. We can not afford to start this boy on the road to hell at seventeen years of age."
He stopped as abruptly as he had begun, and the room was silent for a long time after he had taken his seat. To Harold it seemed as though he and all the people of the room were dead—that only his brain was alive. Then Mrs. Excell burst into sobbing. The judge looked away into space, his dim eyes seeing nothing that was near, his face an impassive mask of colorless flesh. The old lawyer's words had stirred his blood, sluggish and cold with age, but his brain absorbed the larger part of his roused vitality, and when he spoke his voice had an unwontedly flat and dry sound.
"The question for you to decide," he said, instructing the jury, "is whether the boy struck the blow in self-defense, or whether he assaulted with intent to do great bodily injury. The fact that he was provoked by a man older and stronger than himself naturally militates in his favor, but the next question is upon the boy's previous character. Did he carry deadly weapons? Is he at heart dangerous to his fellows? His youth should be in mind, but it should also be remembered that he is a lad of high intellectual power, older than most men of his age. I will not dwell upon the case; you have heard the testimony; the verdict is in your keeping."
During all this period of severe mental strain Mr. Excell sat beside Lawyer Brown, motionless as a statue, save when now and again he leaned forward to whisper a suggestion. He did not look at his son, and Harold seldom looked at him. Jack Burns sat as near the prisoner as the sheriff would permit, and his homely, good face, and the face of the judge were to Harold the only spots of light in the otherwise dark room. Outside the voices of children could be heard and the sound of the rising wind in the rustling trees. Once a breeze sent a shower of yellow and crimson leaves fluttering in at the open window, and the boy's heart swelled high in his throat, and he bowed his head and sobbed. Those leaves represented the splendor of the open spaces to him. They were like messages from the crimson sunsets of the golden West, and his heart thrilled at the sight of them.
It was long after twelve o'clock, and an adjournment for dinner was ordered. Harold was about to be led away when his father came to him and said:
"Harold, would you like to have your mother and me go to dinner with you?"
With that same unrelenting, stubborn frown on his face the boy replied: "No—let me alone."
A hot flush swept over the preacher's face. "Very well,"he said, and turned away, his lips twitching.
The jury was not long out. They were ready to report at three o'clock. Every seat was filled as before. The lawyers came in, picking their teeth or smoking. The ladies were in Sunday dress, the young men were accompanied by their girls, as if the trial were a dramatic entertainment. Those who failed of regaining their seats were much annoyed; others, more thrifty, had hired boys to keep their places for them during the noon hour, and others, still more determined, having brought lunches, had remained in their seats throughout the intermission, and were serene and satisfied.
Harold was brought back to his seat looking less haggard. He was not afraid of sentence; on the contrary he longed to have the suspense end.
"I don't care what they do with me if they don't use up too much of my life," he said to Jack. "I'll pound rock or live in a dungeon if it will only shorten my sentence. I hate to think of losing time. Oh, if I had only gone last year!"
The Reverend Excell came in, looming high above the crowd, his face stillwhite and set. He paid no heed to his parishioners, but made his way to the side of Lawyer Brown. The judge mounted his bench and the court room came to order instantly.
"Is the jury ready to report on the case of the Statevs.Excell?" he asked in a low voice. He was informed that they were agreed. After the jury had taken their seats he said blandly, mechanically: "Gentlemen, we are ready for your verdict."
Harold knew the foreman very well. He was a carpenter and joiner in whose shop he had often played—a big, bluff, good-hearted man whom any public speaking appalled, and who stammered badly as he read from a little slip of paper: "Guilty of assault with intent to commit great bodily injury, but recommended to the mercy of the judge." Then, with one hand in his breeches pocket, he added: "Be easy on him, judge; I believe I'd 'a' done the same."
The spectators tittered at his abrupt change of tone, and some of the young people applauded. He sat down very hot and red.
The judge did not smile or frown; his expressionless face seemed more like a mask than ever. When he began to speak it was as though he were reading something writ in huge letters on a distant wall.
"The Court is quite sensible of the extenuating circumstances attending this sad case, but there are far-reaching considerations which the Court can not forget. Here is a youth ofgood family, who elects to take up a life filled with mischief from the start. Discipline has been lacking. Here, at last, he so far oversteps the law that he appears before a jury. It seems to the Court necessary, for this young man's own good, that he feel the harsh hand of the law. According to the evidence adduced here to-day, he has been for years beyond the control of his parents, and must now know the inflexible purpose of law. I have in mind all that can be said in his favor: his youth, the disparity of age and physical power between himself and his accuser, the provocation, and the possession of the whip by the accuser—but all these are more than counterbalanced by the record of mischief and violence which stands against the prisoner."
There was a solemn pause, and the judge sternly said: "Prisoner, stand up." Harold arose. "For an assault committed upon the person of one Clinton Slocum, I now sentence you, Harold Excell, to one year in the penitentiary, and may you there learn to respect the life and property of your fellow-citizens."
"Judge! I beg——" The tall form of Mr. Excell arose, seeking to speak.
The judge motioned him to silence.
Brown interposed: "I hope the court will not refuse to hear the father of the prisoner. It would be scant justice if——"
Mr. Excell's voice arose, harsh, stern, and quick. He spoke like the big man he was, firm and decided. Harold looked up at him in surprise.
"I claim the right to be heard; will the Court refuse me the privilege of a word?" His voice was a challenge. "I am known in this community. For seven years as a minister of the Gospel I have lived among these citizens. My son is about to be condemned to State's prison, and before he goes I want to make a statement here before him and before the judge and before the world. I understand this boy better than any of you, better than the mother who bore him, for I have given him the disposition which he bears. I have had from my youth the same murderous rages: I have them yet. I love my son, your Honor, and I would take him in my arms if I could, but he has too much of my own spirit. He literally can not meet me as an affectionate son, for I sacrificed his good-will by harsh measures while he was yet a babe. I make this confession in order that the Court may understand my relation to my son. He was born with my own temper mingled with the poetic nature of his mother. While he was yet a lad I beat him till he was discolored by bruises. Twice I would have killed him only for the intervention of my wife. I have tried to live down my infirmity, your Honor, and I have at last securedcontrol of myself, and I believe this boy will do the same, but do not send him to be an associate with criminals. My God! do not treat him as I would not do, even in my worst moments. Give him a chance to reform outside State's prison. Don't fix on him that stain. I will not say send me—that would be foolish trickery—but I beg you to make some other disposition of this boy of mine. If he goes to the penitentiary I shall strip from my shoulders the dress of the clergyman and go with him, to be near to aid and comfort him during the term of his sentence. Let the father in you speak for me, judge. Be merciful, as we all hope for mercy on the great day, for Jesus' sake."
The judge looked out over the audience of weeping women and his face warmed into life. He turned to the minister, who still stood before him with hand outstretched, and when he spoke his voice was softened and his eyes kindly.
"The Court has listened to the words of the father with peculiar interest. The Courtisa father, and has been at a loss to understand the relations existing between father and son in this case. The Court thinks he understands them better now. As counsel for the defense has said, I am an old man, soon to leave my seat upon the bench, and I do not intend to let foolish pride or dry legal formalities stand between me and the doing of justice. The jury has decided that the boy is guilty, but has recommended him to the mercy of the Court. The plea of the fatherhas enlightened the Court on one or two most vital points. Nothing is further from the mind of the Court than the desire to do injury to a handsome and talented boy. Believing that the father and son are about to become more closely united, the Court here transmutes the sentence to one hundred dollars fine and six months in the county jail. This will make it possible for the son and father to meet often, and the father can continue his duties to the church. This the Court decides upon as the final disposition of the accused. The case is closed. Call the next case."
CHAPTER VTHE EAGLE'S EYES GROW DIM
The county jail in Cedar County was a plain, brick structure set in the midst of the Court House Square. Connected with it was the official residence of the sheriff, and brick walks ran diagonally from corner to corner for the convenience of citizens. Over these walks magnificent maples flung gorgeous banners in autumn, and it was a favorite promenade for the young people of the town at all seasons, even in winter.
At times when the jail was filled with disorderly inmates these innocent lovers could hear the wild yells and see the insulting gestures of the men at the windows, but ordinarily the grounds were quiet and peaceful. The robins nested in the maples, the squirrels scampered from tree to tree, and little children tumbled about on the grass, unmindful of the sullen captives within the walls.
For seven years Harold himself had played about this yard, hearing the wild voices of the prisoners and seeing men come and go in irons.Over these walks he had loitered with Dot—now he was one of those who clawed at the window bars like monkeys in a cage in order to look out at the sunshine of the world. The jail pallor was already on his face and a savage look was in his eyes. He refused to see anyone but Jack, who came often and whose coming saved him from despair.
In one respect the county jail was worse, than the State's prison; it had nothing for its captives to do. They ate, amused themselves as best they could through the long day, and slept. Most of them brooded, like Harold, on the sunshine lost to them, and paced their cells like wild animals. It had, however, the advantage of giving to each man a separate bed at night, though during the day they occupied a common corridor. Some of them sang indecent songs and cursed their fellows for their stupidity, and fights were not uncommon.
The jailer was inclined to allow Harold more liberty after his trial, but the boy said: "I'm not asking any favors from you. I'm working out a sentence."
He continued his systematic exercise, eating regularly and with care in order that he should keep his health. He spent several hours each day leaping up the stairway which led from the lower cells to the upper, and his limbs were like bundles of steel rods. He could spring from the floor, catch the hand rail of the runway above, and swing himself with a single effort to the upper cells. Every possible combination of strength and agility which the slender variety of means allowed he used, and not one of all the prisoners cared to try muscular conclusions with him. Occasionally a new prisoner would experiment, but those who held over knew better than to "bother the kid." When a rash and doubting man tried it, he repented it in cotton cloth and arnica.
The only way in which Harold could be enticed into the residence part of the jail was by sending Jack to call upon him.
At such times the jailer gave him plenty of time, and Harold poured forth his latest plans in a swift torrent. He talked of nothing but the West. "My sentence will be out in April," he said; "just the right time to go. You must make all arrangements for me, old man. You take my money and get these things for me. I want a six-shooter, the best you can find, the kind they use out on the plains, and a belt and ammunition. I want a valise—a good strong one; and I want you to put all my clothes in it—I mean my underclothes—I won't need cuffs and collars and such knickknacks out there. I shall never enter father's door again. Then I want you to be on the lookout for a chance to drive cattle for somebody going West. We'll find chances enough, and we'll strike for Abilene and your uncle's place. I haven't money enough to carry me out there on the train. Oh! won't it be good fun when we have a good horse apiece and go riding across the plains herding the longhorns! That's life, that is! If I'd only gone last year, out where the buffalo and the antelope are!"
At such times the eagle's heart in the youth could scarcely endure the pale, cold light of the prison. For an hour after one of these talks with Jack he tore around his cell like a crazed wolf, till his weary muscles absorbed the ache in his heart.
During the winter the Young Men's Christian Association of the town organized what they called a Prison Rescue Band, which held services in the jail each Sunday afternoon. They were a great bore to Harold, who knew the members of the band and disliked most of them. He considered them "a little off their nut"—that is to say, fanatic. He kept his cell closely, and the devoted ones seldom caught a glimpse of him, though he was the chief object of their care. They sang Pull for the Shore, Trust it all with Jesus, and other well-worn Moody and Sankey hymns, and the leader prayed resoundingly, and then, one by one, the others made little talks to the prison walls. There was seldom a face to be seen. Muttered curses occasionally rumbled from the cells where the prisoners were trying to sleep.
But the leader was a shrewd young man, and not many Sundays after his initial attempt the prisoners were amazed to hear female voices joining in the songs. Heads appeared at every door to see the girls, who stood timidly behind the men and sang (in quavering voices) the songs that persuaded to grace.
Some of these girlish messengers of mercy Harold knew, but others were strange to him. The seminary was in session again and new pupils had entered. For the most part they were colorless and plain, and the prisoners ceased to show themselves during the singing. Harold lay on his iron bed dreaming of the wild lands whose mountains he could see shining through his prison walls. Jack had purchased for him some photographs of the Rocky Mountains, and when he desired to forget his surroundings he had but to look on the seamless dome of Sierra Blanca or the San Francisco peaks, or at the image of the limpid waters of Trapper's Lake, and like the conjurer's magic crystal sphere, it cured him of all his mental maladies, set him free and a-horse.
But one Sabbath afternoon he heard a new voice, a girl's voice, so sweet and tender and true he could not forbear to look out upon the singer. She was small and looked very pale under the white light of the high windows. She was singing alone, a wonderful thing in itself, and in her eyes was neither fear nor maidenly shrinking; she was indeed thrillingly absorbed and self-forgetful. There was something singular and arresting in the poise of her head. Her eyes seemed to look through and beyond the prison walls, far into somefiner, purer land than any earthly feet had trod, and her song had a touch of genuine poetry in it:
"If I were a voice, a persuasive voice,That could travel the whole earth through,I would fly on the wings of the morning lightAnd speak to men with a gentle mightAnd tell them to be true—If I were a voice."
The heart of the boy expanded. Music and poetry and love were waked in him by the voice of this singing girl. To others she was merely simple and sweet; to him she was a messenger. The vibrant, wistful cadence of her voice when she uttered the words "And tell them to be true," dropped down into the boy's sullen and lonely heart. He did not look at her, but all the week he wondered about her. He thought of her almost constantly, and the words she sang lay in his ears, soothing and healing like some subtle Oriental balm. "On the wings of the morning light" was one haunting phrase—the other was, "And tell them to be true."
The other prisoners had been touched. Only one or two ventured coarse remarks about her, and they were speedily silenced by their neighbors. Harold was eager to seek Jack in order to learn the girl's name, but Jack was at home, sick of a cold, and did not visit him during the week.
On the following Sunday she did not come, and the singing seemed suddenly a bitter mockery to Harold, who sought to solace himself with his pictures. The second week wore away and Jack came, but by that time the image of the girl had taken such aloofness of position in Harold's mind that he dared not ask about her, even of his loyal chum.
At last she came again, and when she had finished singing Not half has ever been told, some prisoner started hand clapping, and a volley of applause made the cells resound. The girl started in dismay, and then, as she understood the meaning of this noise, a beautiful flush swept over her face and she shrank swiftly into shadow.
But a man from an upper cell bawled: "Sing The Voice, miss! sing The Voice!"
The leader of the band said: "Sing for them, Miss Yardwell."
Again she sang If I were a Voice, and out of the cells the prisoners crept, one by one, and at last Harold. She did not see him till she had finished the last verse, and then he stood so close to her he could have touched her, and his solemn dark eyes burned so strangely into her face that she shrank away from him in awe and terror. She knew him—no one else but the minister's son could be so handsomeand so refined of feature.
"You're that voice, miss," one of the men called out.
"That's right," replied the others in chorus.
The girl was abashed, but the belief that she was leading these sinners to a merciful Saviour exalted her and she sang again. Harold crept as near as he could—so near he could see her large gray eyes, into which the light fell as into a mountain lake. Every man there perceived the girl's divine purity of purpose. She was stainless as a summer cloud—a passionless, serene child, with the religious impulse strong within her. She could not have been more than seventeen years of age, and yet so dignified and composed was her attitude she seemed a mature woman. She was not large, but she was by no means slight, and though colorless, her pallor was not that of ill health.
Her body resembled that of a sturdy child, straight in the back, wide in the waist, and meager of bosom.
Her voice and her eyes subdued the beast in the men. An indefinable personal quality ran through her utterance, a sadness, a sympathy, and an intuitive comprehension of the sin of the world unusual in one so young. She had been carefully reared: that was evident in every gesture and utterance. Her dress was a studiously plain gray gown, not without a little girlish ornament at the neck and bosom. Every detail of her lovely personality entered Harold's mind and remained there. He had hardly reached the analytic stage in matters of this kind, but he knew very well that this girl was like her song; she could die but never deceive. He wondered what her first name could be; no girl like that would be called "Dot" or "Cad." It ought to be Lily or Marguerite. He was glad to hear one of the girls call her Mary.
He gazed at her almost without ceasing, but as the other convicts did the same he was not observably devoted, and whenever she raised her big, clear eyes toward him both shrank, he from a sense of unworthiness, she from the instinctive fear of men which a young girl of her type has deep-planted within her. She studied him shyly when she dared, and after the first song sang only for him. She prayed for him when the Band knelt on the stone floor, and at night in her room she plead for him before God.
The boy was smitten with a sudden sense of his crime, not in the way of a repentant sinner, but as one who loves a sweet and gentle woman. All that his father's preaching and precept could not do, all that the judge, jury, and prison could not do, this slip of a girl did with a glance of her big gray eyes and the tremor of her voice in song. All his misdeeds arose up suddenly as a wall between him and the girl singer. His hard heart melted. The ugly lines went out of his face and it grew boyish once more, but sadder than ever.
His was not a nature to rest inactive. He poured out a hundred questions to Jack who could not answer half a dozen of them. "Who is she? Where does she live? Do you know her? Is she a good scholar? Does she go to church? I hope she don't talk religion. Does she go to parties? Does she dance?"
Jack replied as well as he was able. "She's a queer kind of a girl. She don't dance or go to parties at all. She's an awful fine scholar. She sings in the choir. Most of the boys are afraid to speak to her, she's so distant. She just says 'Yes,' or 'No,' when you ask her anything. She's religious—goes to prayer meeting and Sunday school. About a dozen boys go to prayer meeting just because she goes and sings. Her folks live in Waverly, but she boards with her aunt, Mrs. Brown. Now, that's all I can tell you about her. She's in some of my classes, but I dassent talk to her."
"Jack, she's the best and grandest girl I ever saw. I'm going to write to her."
Jack wistfully replied: "I wish you was out o' here, old man."
Harold became suddenly optimistic. "Never you mind, Jack. It won't be long till I am. I'm going to write to her to-day. You get a pencil and paper for me quick."
Jack's admiration of Harold was too great to admit of any question of his design. He would have said no one else was worthy to tie Mary's shoe, for he, too, worshiped her—but afar off. He was one of those whom women recognize only as gentle and useful beings, plain and unobtrusive.
He brought the pad and pencil and sat by while the letter was written. Harold's was not a nature of finedrawn distinctions; he wrote as he fought, swift and determined, and the letter was soon finished, read, and approved by Jack.
"Now, don't you let anybody see you give that to her," Harold said in parting.
"Trust me," Jack stanchly replied, and both felt that here was business of greatest importance. Jack proceeded at once to walk on the street which led past Mary's boarding place, and hung about the corner, in the hope of meeting Mary on her return from school. He knew very exactlyher hours of recitation and at last she came, her arms filled with books, moving with such stately step she seemed a woman, tall and sedate. She perceived Jack waiting, but was not alarmed, for she comprehended something of his goodness and timidity.
He took off his cap with awkward formality. "Miss Yardwell, may I speak with you a moment?"
"Certainly, Mr. Burns," she replied, quite as formally as he.
He fell into step with her and walked on.
"You know—my chum—" he began, breathing hard, "my chum, Harry Excell, is in jail. You see, he had a fight with a great big chap, Clint Slocum, and Clint struck Harry with a whip. Of course Harry couldn't stand that and he cut Clint with his knife; of course he had to do it, for you see Clint was big as two of him and he'd just badgered the life out of Harry for a month, and so they jugged Harry, and he's there—in jail—and I suppose you've seen him; he's a fine-looking chap, dark hair, well built. He's a dandy ball player and skates bully; I wish you could see him shoot. We're going out West together when he gets out o' jail. Well, he saw you and he liked you, and he wrote you a letter and wanted me to hand it to you when no one was looking. Here it is: hide it, quick."
She took the letter, mechanically moved to do so by his imperative voice and action, and slipped it into her algebra. When she turned to speak Jack wasgone, and she walked on, flushed with excitement, her breath shortened and quickened. She had a fair share of woman's love of romance and of letters, and she hurried a little in order that she might the sooner read the message of the dark-eyed, pale boy in the jail.
It was well she did not meet Mrs. Brown as she entered, for the limpid gray of her eyes was clouded with emotion. She climbed the stairs to her room and quickly opened the note. It began abruptly:
"DEAR FRIEND: It is mighty good of you to come and sing to us poor cusses in jail. I hope you'll come every Sunday. I like you. You are the best girl I ever saw. Don't go to my father's church, he ain't good enough to preach to you. I like you and I don't want you to think I'm a hard case. I used up Clint Slocum because I had to. He had hectored me about enough. He said some mean things about me and some one else, and I soaked him once with my fist. He struck me with the whip and downed me, then a kind of a cloud came into my mind and I guess I soaked him with my knife, too. Anyhow they jugged me for it. I don't care, I'd do it again. I'd cut his head off if he said anything about you. Well, now I'm in here and I'm sorry because I don't want you to think I'm a tough. I've done a whole lot of things I had not ought to have done, but I never meant to do anyone any harm."Now, I'm going West when I get out. I'm going into the cattle business on the great plains, and I'm going to be a rich man, and then I'm going to come back. I hope you won't get married before that time for I'll have something to say to you. If you run across any pictures of the mountains or the plains I wisht you'd send them on to me. Next to you I like the life in the plains better than anything."I hope you'll come every Sunday till I get out. Yours respec'fly,"HAROLD EXCELL."Jack will give this to you. Jack is my chum; I'd trust him with my life. He's all wool."
"DEAR FRIEND: It is mighty good of you to come and sing to us poor cusses in jail. I hope you'll come every Sunday. I like you. You are the best girl I ever saw. Don't go to my father's church, he ain't good enough to preach to you. I like you and I don't want you to think I'm a hard case. I used up Clint Slocum because I had to. He had hectored me about enough. He said some mean things about me and some one else, and I soaked him once with my fist. He struck me with the whip and downed me, then a kind of a cloud came into my mind and I guess I soaked him with my knife, too. Anyhow they jugged me for it. I don't care, I'd do it again. I'd cut his head off if he said anything about you. Well, now I'm in here and I'm sorry because I don't want you to think I'm a tough. I've done a whole lot of things I had not ought to have done, but I never meant to do anyone any harm.
"Now, I'm going West when I get out. I'm going into the cattle business on the great plains, and I'm going to be a rich man, and then I'm going to come back. I hope you won't get married before that time for I'll have something to say to you. If you run across any pictures of the mountains or the plains I wisht you'd send them on to me. Next to you I like the life in the plains better than anything.
"I hope you'll come every Sunday till I get out. Yours respec'fly,
"HAROLD EXCELL.
"Jack will give this to you. Jack is my chum; I'd trust him with my life. He's all wool."
The girl sat a long time with the letter in her hand. She was but a child, after all, and the lad's words alarmed and burdened her, for the meaning of the letter was plain. It was a message of love and admiration, and though it contained no subtleties, it came from one who was in jail, and she had been taught to regard people in jail as lost souls, aliens with whom it was dangerous to hold any intercourse, save in prayer and Scripture. The handsome boy with the sad face had appealed toher very deeply, and she bore him in her thoughts a great deal; but now he came in a new guise—as a lover, bold, outspoken, and persuasive.
"What shall I do? Shall I tell Aunt Lida?" she asked herself, and ended by kneeling down and praying to Jesus to give the young man a new heart.
In this fashion the courtship went on. No one knew of it but Jack, for Mary could not bring herself to confide in anyone, not even her mother, it all seemed too strange and beautiful. It was God's grace working through her, and her devoutness was not without its human mixture of girlish pride and exaltation. She worshiped him in her natural moments, and in her moments of religious fervor she prayed for him with impersonal anguish as for a lost soul. She did not consider him a criminal, but she thought him Godless and rebellious toward his Saviour.
She wrote him quaint, formal little notes, which began abruptly, "My Friend." They contained much matter which was hortatory, but at times she became girlish and very charming. Gradually she dropped the tone which she had caught from revivalists and wrote of her studies and of the doings of each member of the class, and all other subjects which a young girl finds valuable material of conversation. She was just becoming acquainted with Victor Hugo and his resounding, antithetic phrases, and his humanitarian outcries filled her mind with commotion. Her heart swelled high with resolution to do something to help the world ingeneral and Harold in particular.
She was not one in whom passion ruled; the intellectual dominated the passional in her, and, besides, she was only a child. She was by no means as mature as Harold, although about the same age. Naturally reverent, she had been raised in a family where religious observances never remitted; where grace was always spoken. In this home her looks were seldom alluded to in any way, and vanity was not in her. She had her lovelinesses; her hair was long and fair, her eyes were beautiful, and her skin was of exquisite purity, like her eyes. Her charm lay in her modesty and quaint dignity, her grave and gentle gaze, and in her glorious voice.
The Reverend Excell was pleased to hear that his son was bearing confinement very well, and made another effort to see him. Simply because Mary wished it, Harold consented to see his father, and they held a long conversation, at least the father talked and the boy listened. In effect, the minister said:
"My son, I have forfeited your good will—that I know—but I think you do me an injustice. I know you think I am a liar and a hypocrite because you have seen me in rages and because I have profaned God in your presence. My boy,let me tell you, in every man there are two natures. When one is uppermost, actions impossible to the other nature become easy. You will know this, you should know it now, for in you there is the same murderous madman that is in me. You must fight him down. I love you, my son," he said, and his voice was deep and tremulous, "and it hurts me to have you stand aloof from me. I have tried to do my duty. I have almost succeeded in putting my worst self under my feet, and I think if you were to come to understand me you would not be so hard toward me. It is not a little thing to me that you, my only son, turn your face away from me. On the day of your trial I thought we came nearer to an understanding than in many years."
Harold felt the justice of his father's plea and his heart swelled with emotion, but something arose up between his heart and his lips and he remained silent.
Mr. Excell bent his great, handsome head and plead as a lover pleads, but the pale lad, with bitter and sullen mien, listened in silence. At last the father ended; there was a pause.
"I want you to come home when your term ends," he said. "Will you promise that?"
Harold said, "No, I can't do that. I'm going out West."
"I shall not prevent you, my son, but I want you to come and take your place at the table just once. There is a special reason for this. Will you come for a single day?"
Harold forced himself to answer, "Yes."
Mr. Excell raised his head.
"Let us shake hands over your promise, my boy."
Harold arose and they shook hands. The father's eyes were wet with tears. "I can't afford to forfeit your good opinion," Mr. Excell went on, "especially now when you are leaving me, perhaps forever. I think you are right in going. There is no chance for you here; perhaps out there in the great West you may get a start. Of my shortcomings as a father you know, and I suppose you can never love me as a son should, but I think you will see some day that I am not a hypocrite, and that I failed as a father more through neglect and passion than through any deliberate injustice."
The boy struggled for words to express himself; at last he burst forth: "I don't blame you at all, only let me go where I can do something worth while: you bother me so."
The minister dropped his son's hand and a look of the deepest sadness came over his face. He had failed—Harold was farther away from him than ever. He turned and went out without another word.
That he had hurt his father Harold knew, but in exactly what other way he could have acted he could not tell. The overanxiety on the father's part irritated the boy. Had he been less morbid, less self-accusing, he would have won. Harold passionately loved strength and decision, especially in a big man like his father, who looked like a soldier and a man of action, and who ought not to cry like a woman. If only he would act all the time as he did when he threw the sheriff across the walk that day on the street. "I wish he'd stop preaching and go to work at something," he said to Jack. The psychology of the father's attitude toward him was incomprehensible. He could get along very well without a father; why could not his father get along without him? He hated all this fuss, anyway. It only made him feel sorry and perplexed, and he wished sincerely that his father would let him alone.
Jack brought a letter from Mary which troubled him.
"I am going home in March, a week before the term ends. Mother isn't very well, and just as soon as I can I must go. If I do, you must not forget me."
Of course he wrote in reply, saying:
"Don't you go till I see you. You must come in and see me. Can't you come in when Jack does, he knows all about us, COME SURE. I can't go without a good-by kiss. Don't you go back on me now. Come."
"I'm afraid to come," she replied, "people would find out everything and talk. Besides you mustn't kiss me. We are not regularly engaged, and so it would not be right."
"We'll be engaged in about two minutes if you'll meet me with Jack," he replied. "You're the best girl in the world and I'm going to marry you when I get rich enough to come back and build you a house to be in, I'm going out where the cattle are thick as grasshoppers, and I'm going to be a cattle king and then you can be a cattle queen and ride around with me on our ranch, that's what they call a farm out there. Now, you're my girl and you must wait for me to come back. Don't you get impatient, sometimes a chap has a hard time just to get a start, after that it's easy. Jack will go with me, he will be my friend and share everything.
"Now you come and call me sweetheart and I'll call you angel, for that's what you are. Get to be a great singer, and go about the country singing to make men like me good, you can do it, only don't let them fall in love with you, they do that too just the way I did, but don't let 'em do it for you are mine. You're my sweetheart. From your sweetheart,
"HARRY EXCELL, Cattle King."