[A long and vigorous quarrel follows, between the twins. And there is plenty to quarrel about, for Angelo was always seeking truth, and this obliged him to change and improve his religion with frequency, which wearied Luigi, and annoyed him too; for he had to be present at each new enlistment—which placed him in the false position of seeming to indorse and approve his brother's fickleness; moreover, he had to go to Angelo's prohibition meetings, and he hated them. On the other hand, when it was his week to command the legs he gave Angelo just cause of complaint, for he took him to circuses and horse-races and fandangoes, exposing him to all sorts of censure and criticism; and he drank, too; and whatever he drank went to Angelo's head instead of his own and made him act disgracefully. When the evening was come, the two attended the Free-thinkers' meeting, where Angelo was sad and silent; then came the Bible class and looked upon him coldly, finding him in such company. Then they went to Wilson's house and Chapter XI of Pudd'nhead Wilson follows, which tells of the girl seen in Tom Driscoll's room; and closes with the kicking of Tom by Luigi at the anti-temperance mass-meeting of the Sons of Liberty; with the addition of some account of Roxy's adventures as a chamber-maid on a Mississippi boat. Her exchange of the children had been flippantly and farcically described in an earlier chapter.]
Next morning all the town was a-buzz with great news; Pudd'nhead Wilson had a law case! The, public astonishment was so great and the public curiosity so intense, that when the justice of the peace opened his court, the place was packed with people and even the windows were full. Everybody was, flushed and perspiring; the summer heat was almost unendurable.
Tom Driscoll had brought a charge of assault and battery against the twins. Robert Allen was retained by Driscoll, David Wilson by the defense. Tom, his native cheerfulness unannihilated by his back-breaking and bone-bruising passage across the massed heads of the Sons of Liberty the previous night, laughed his little customary laugh, and said to Wilson:
"I've kept my promise, you see; I'm throwing my business your way.Sooner than I was expecting, too."
"It's very good of you—particularly if you mean to keep it up."
"Well, I can't tell about that yet. But we'll see. If I find you deserve it I'll take you under my protection and make your fame and fortune for you."
"I'll try to deserve it, Tom."
A jury was sworn in; then Mr. Allen said:
"We will detain your honor but a moment with this case. It is not one where any doubt of the fact of the assault can enter in. These gentlemen—the accused—kicked my client at the Market Hall last night; they kicked him with violence; with extraordinary violence; with even unprecedented violence, I may say; insomuch that he was lifted entirely off his feet and discharged into the midst of the audience. We can prove this by four hundred witnesses—we shall call but three. Mr. Harkness will take the stand."
Mr. Harkness, being sworn, testified that he was chairman upon the occasion mentioned; that he was close at hand and saw the defendants in this action kick the plaintiff into the air and saw him descend among the audience.
"Take the witness," said Allen.
"Mr. Harkness," said Wilson, "you say you saw these gentlemen, my clients, kick the plaintiff. Are you sure—and please remember that you are on oath—are you perfectly sure that you saw both of them kick him, or only one? Now be careful."
A bewildered look began to spread itself over the witness's face. He hesitated, stammered, but got out nothing. His eyes wandered to the twins and fixed themselves there with a vacant gaze.
"Please answer, Mr. Harkness, you are keeping the court waiting. It is a very simple question."
Counsel for the prosecution broke in with impatience:
"Your honor, the question is an irrelevant triviality. Necessarily, they both kicked him, for they have but the one pair of legs, and both are responsible for them."
Wilson said, sarcastically:
"Will your honor permit this new witness to be sworn? He seems to possess knowledge which can be of the utmost value just at this moment —knowledge which would at once dispose of what every one must see is a very difficult question in this case. Brother Allen, will you take the stand?"
"Go on with your case!" said Allen, petulantly. The audience laughed, and got a warning from the court.
"Now, Mr. Harkness," said Wilson, insinuatingly, "we shall have to insist upon an answer to that question."
"I—er—well, of course, I do not absolutely know, but in my opinion—"
"Never mind your opinion, sir—answer the question."
"I—why, I can't answer it."
"That will do, Mr. Harkness. Stand down."
The audience tittered, and the discomfited witness retired in a state of great embarrassment.
Mr. Wakeman took the stand and swore that he saw the twins kick the plaintiff off the platform.
The defense took the witness.
"Mr. Wakeman, you have sworn that you saw these gentlemen kick the plaintiff. Do I understand you to swear that you saw them both do it?"
"Yes, sir,"—with derision.
"How do you know that both did it?"
"Because I saw them do it."
The audience laughed, and got another warning from the court.
"But by what means do you know that both, and not one, did it?"
"Well, in the first place, the insult was given to both of them equally, for they were called a pair of scissors. Of course they would both want to resent it, and so—"
"Wait! You are theorizing now. Stick to facts—counsel will attend to the arguments. Go on."
"Well, they both went over there—that I saw."
"Very good. Go on."
"And they both kicked him—I swear to it."
"Mr. Wakeman, was Count Luigi, here, willing to join the Sons of Liberty last night?"
"Yes, sir, he was. He did join, too, and drank a glass or two of whisky, like a man."
"Was his brother willing to join?"
"No, sir, he wasn't. He is a teetotaler, and was elected through a mistake."
"Was he given a glass of whisky?"
"Yes, sir, but of course that was another mistake, and not intentional. He wouldn't drink it. He set it down." A slight pause, then he added, casually and quite simply: "The plaintiff reached for it and hogged it."
There was a fine outburst of laughter, but as the justice was caught out himself, his reprimand was not very vigorous.
Mr. Allen jumped up and exclaimed: "I protest against these foolish irrelevancies. What have they to do with the case?"
Wilson said: "Calm yourself, brother, it was only an experiment. Now, Mr. Wakeman, if one of these gentlemen chooses to join an association and the other doesn't; and if one of them enjoys whisky and the other doesn't, but sets it aside and leaves it unprotected" (titter from the audience), "it seems to show that they have independent minds, and tastes, and preferences, and that one of them is able to approve of a thing at the very moment that the other is heartily disapproving of it. Doesn't it seem so to you?"
"Certainly it does. It's perfectly plain."
"Now, then, it might be—I only say it might be—that one of these brothers wanted to kick the plaintiff last night, and that the other didn't want that humiliating punishment inflicted upon him in that public way and before all those people. Isn't that possible?"
"Of course it is. It's more than possible. I don't believe the blond one would kick anybody. It was the other one that—"
"Silence!" shouted the plaintiff's counsel, and went on with an angry sentence which was lost in the wave of laughter that swept the house.
"That will do, Mr. Wakeman," said Wilson, "you may stand down."
The third witness was called. He had seen the twins kick the plaintiff.Mr. Wilson took the witness.
"Mr. Rogers, you say you saw these accused gentlemen kick the plaintiff?"
"Yes, sir."
"Both of them?"
"Yes, sir."
"Which of them kicked him first?"
"Why—they—they both kicked him at the same time.
"Are you perfectly sure of that?"
"Yes, sir."
"What makes you sure of it?"
"Why, I stood right behind them, and saw them do it."
"How many kicks were delivered?"
"Only one."
"If two men kick, the result should be two kicks, shouldn't it?"
"Why—why yes, as a rule."
"Then what do you think went with the other kick?"
"I—well—the fact is, I wasn't thinking of two being necessary, this time."
"What do you think now?"
"Well, I—I'm sure I don't quite know what to think, but I reckon that one of them did half of the kick and the other one did the other half."
Somebody in the crowd sung out: "It's the first sane thing that any of them has said."
The audience applauded. The judge said: "Silence! or I will clear the court."
Mr. Allen looked pleased, but Wilson did not seem disturbed. He said:
"Mr. Rogers, you have favored us with what you think and what you reckon, but as thinking and reckoning are not evidence, I will now give you a chance to come out with something positive, one way or the other, and shall require you to produce it. I will ask the accused to stand up and repeat the phenomenal kick of last night." The twins stood up. "Now, Mr. Rogers, please stand behind them."
A Voice: "No, stand in front!" (Laughter. Silenced by the court.) Another Voice: "No, give Tommy another highst!" (Laughter. Sharply rebuked by the court.)
"Now, then, Mr. Rogers, two kicks shall be delivered, one after the other, and I give you my word that at least one of the two shall be delivered by one of the twins alone, without the slightest assistance from his brother. Watch sharply, for you have of to render a decision without any if's and ands it." Rogers bent himself behind the twins with palms just above his knees, in the modern attitude of the catcher at a baseball match, and riveted eyes on the pair of legs in front of him.
"Are you ready, Mr. Rogers?"
"Ready sir."
The kick, launched.
"Have you got that one classified, Mr. Rogers?"
"Let me study a minute, sir."
"Take as much time as you please. Let me know when you are ready."
For as much as a minute Rogers pondered, with all eyes and a breathless interest fastened upon him. Then he gave the word: "Ready, sir."
"Kick!"
The kick that followed was an exact duplicate of the first one.
"Now, then, Mr. Rogers, one of those kicks was an individual kick, not a mutual one. You will now state positively which was the mutual one."
The witness said, with a crestfallen look:
"I've got to give it up. There ain't any man in the world that could tell t'other from which, sir."
"Do you still assert that last night's kick was a mutual kick?"
"Indeed, I don't, sir."
"That will do, Mr. Rogers. If my brother Allen desires to address the court, your honor, very well; but as far as I am concerned I am ready to let the case be at once delivered into the hands of this intelligent jury without comment."
Mr. Justice Robinson had been in office only two months, and in that short time had not had many cases to try, of course. He had no knowledge of laws and courts except what he had picked up since he came into office. He was a sore trouble to the lawyers, for his rulings were pretty eccentric sometimes, and he stood by them with Roman simplicity and fortitude; but the people were well satisfied with him, for they saw that his intentions were always right, that he was entirely impartial, and that he usually made up in good sense what he lacked in technique, so to speak. He now perceived that there was likely to be a miscarriage of justice here, and he rose to the occasion.
"Wait a moment, gentlemen," he said, "it is plain that an assault has been committed it is plain to anybody; but the way things are going, the guilty will certainly escape conviction. I can not allow this. Now—-"
"But, your honor!" said Wilson, interrupting him, earnestly but respectfully, "you are deciding the case yourself, whereas the jury—"
"Never mind the jury, Mr. Wilson; the jury will have a chance when there is a reasonable doubt for them to take hold of—which there isn't, so far. There is no doubt whatever that an assault has been committed. The attempt to show that both of the accused committed it has failed. Are they both to escape justice on that account? Not in this court, if I can prevent it. It appears to have been a mistake to bring the charge against them as a corporation; each should have been charged in his capacity as an individual, and—"
"But, your honor!" said Wilson, "in fairness to my clients I must insist that inasmuch as the prosecution 'd not separate the—"
"No wrong will be done your clients, sir—they will be protected; also the public and the offended laws. Mr. Allen, you will amend your pleadings, and put one of the accused on trial at a time."
Wilson broke in: "But, your honor! this is wholly unprecedented! To imperil an accused person by arbitrarily altering and widening the charge against him in order to compass his conviction when the charge as originally brought promises to fail to convict, is a thing unheard of before."
"Unheard of where?"
"In the courts of this or any other state."
The judge said with dignity: "I am not acquainted with the customs of other courts, and am not concerned to know what they are. I am responsible for this court, and I cannot conscientiously allow my judgment to be warped and my judicial liberty hampered by trying to conform to the caprices of other courts, be they—"
"But, your honor, the oldest and highest courts in Europe—"
"This court is not run on the European plan, Mr. Wilson; it is not run on any plan but its own. It has a plan of its own; and that plan is, to find justice for both State and accused, no matter what happens to be practice and custom in Europe or anywhere else." (Great applause.) "Silence! It has not been the custom of this court to imitate other courts; it has not been the custom of this court to take shelter behind the decisions of other courts, and we will not begin now. We will do the best we can by the light that God has given us, and while this 'court continues to have His approval, it will remain indifferent to what other organizations may think of it." (Applause.) "Gentlemen, I must have order!—quiet yourselves! Mr. Allen, you will now proceed against the prisoners one at a time. Go on with the case."
Allen was not at his ease. However, after whispering a moment with his client and with one or two other people, he rose and said:
"Your honor, I find it to be reported and believed that the accused are able to act independently in many ways, but that this independence does not extend to their legs, authority over their legs being vested exclusively in the one brother during a specific term of days, and then passing to the other brother for a like term, and so on, by regular alternation. I could call witnesses who would prove that the accused had revealed to them the existence of this extraordinary fact, and had also made known which of them was in possession of the legs yesterday—and this would, of course, indicate where the guilt of the assault belongs —but as this would be mere hearsay evidence, these revelations not having been made under oath"
"Never mind about that, Mr. Allen. It may not all be hearsay. We shall see. It may at least help to put us on the right track. Call the witnesses."
"Then I will call Mr. John Buckstone, who is now present, and I beg thatMrs. Patsy Cooper may be sent for. Take the stand, Mr. Buckstone."
Buckstone took the oath, and then testified that on the previous evening the Count Angelo Capello had protested against going to the hall, and had called all present to witness that he was going by compulsion and would not go if he could help himself. Also, that the Count Luigi had replied sharply that he would go, just the same, and that he, Count Luigi, would see to that himself. Also, that upon Count Angelo's complaining about being kept on his legs so long, Count Luigi retorted with apparent surprise, "Your legs!—I like your impudence!"
"Now we are getting at the kernel of the thing," observed the judge, with grave and earnest satisfaction. "It looks as if the Count Luigi was in possession of the battery at the time of the assault."
Nothing further was elicited from Mr. Buckstone on direct examination.Mr. Wilson took the witness.
"Mr. Buckstone, about what time was it that that conversation took place?"
"Toward nine yesterday evening, sir."
"Did you then proceed directly to the hall?"
"Yes, sir."
"How long did it take you to go there?"
"Well, we walked; and as it was from the extreme edge of the town, and there was no hurry, I judge it took us about twenty minutes, maybe a trifle more."
"About what hour was the kick delivered?"
"About thirteen minutes and a half to ten."
"Admirable! You are a pattern witness, Mr. Buckstone. How did you happen to look at your watch at that particular moment?"
"I always do it when I see an assault. It's likely I shall be called as a witness, and it's a good point to have."
"It would be well if others were as thoughtful. Was anything said, between the conversation at my house and the assault, upon the detail which we are now examining into?"
"No, sir."
"If power over the mutual legs was in the possession of one brother at nine, and passed into the possession of the other one during the next thirty or forty minutes, do you think you could have detected the change?"
"By no means!"
"That is all, Mr. Buckstone."
Mrs. Patsy Cooper was called. The crowd made way for her, and she came smiling and bowing through the narrow human lane, with Betsy Hale, as escort and support, smiling and bowing in her wake, the audience breaking into welcoming cheers as the old favorites filed along. The judge did not check this kindly demonstration of homage and affection, but let it run its course unrebuked.
The old ladies stopped and shook hands with the twins with effusion, then gave the judge a friendly nod, and bustled into the seats provided for them. They immediately began to deliver a volley of eager questions at the friends around them: "What is this thing for?" "What is that thing for?" "Who is that young man that's writing at the desk? Why, I declare, it's Jack Bunce! I thought he was sick." "Which is the jury? Why, is that the jury? Billy Price and Job Turner, and Jack Lounsbury, and—well, I never!" "Now who would ever 'a' thought—"
But they were gently called to order at this point, and asked not to talk in court. Their tongues fell silent, but the radiant interest in their faces remained, and their gratitude for the blessing of a new sensation and a novel experience still beamed undimmed from their eyes. Aunt Patsy stood up and took the oath, and Mr. Allen explained the point in issue, and asked her to go on now, in her own way, and throw as much light upon it as she could. She toyed with her reticule a moment or two, as if considering where to begin, then she said:
"Well, the way of it is this. They are Luigi's legs a week at a time, and then they are Angelo's, and he can do whatever he wants to with them."
"You are making a mistake, Aunt Patsy Cooper," said the judge. "You shouldn't state that as a fact, because you don't know it to be a fact."
"What's the reason I don't?" said Aunt Patsy, bridling a little.
"What is the reason that you do know it?"
"The best in the world because they told me."
"That isn't a reason."
"Well, for the land's sake! Betsy Hale, do you hear that?"
"Hear it? I should think so," said Aunt Betsy, rising and facing the court. "Why, Judge, I was there and heard it myself. Luigi says to Angelo—no, it was Angelo said it to—"
"Come, come, Mrs. Hale, pray sit down, and—"
"Certainly, it's all right, I'm going to sit down presently, but not until I've—"
"But you must sit down!"
"Must! Well, upon my word if things ain't getting to a pretty pass when—"
The house broke into laughter, but was promptly brought to order, and meantime Mr. Allen persuaded the old lady to take her seat. Aunt Patsy continued:
"Yes, they told me that, and I know it's true. They're Luigi's legs this week, but—"
"Ah, they told you that, did they?" said the Justice, with interest.
"Well, no, I don't know that they told me, but that's neither here nor there. I know, without that, that at dinner yesterday, Angelo was as tired as a dog, and yet Luigi wouldn't lend him the legs to go up-stairs and take a nap with."
"Did he ask for them?"
"Let me see—it seems to me, somehow, that—that—Aunt Betsy, do you remember whether he—"
"Never mind about what Aunt Betsy remembers—she is not a witness; we only want to know what you remember yourself," said the judge.
"Well, it does seem to, me that you are most cantankerously particular about a little thing, Sim Robinson. Why, when I can't remember a thing myself, I always—"
"Ah, please go on!"
"Now how can she when you keep fussing at her all the time?" said Aunt Betsy. "Why, with a person pecking at me that way, I should get that fuzzled and fuddled that—"
She was on her feet again, but Allen coaxed her into her seat once more, while the court squelched the mirth of the house. Then the judge said:
"Madam, do you know—do you absolutely know, independently of anything these gentlemen have told you—that the power over their legs passes from the one to the other regularly every week?"
"Regularly? Bless your heart, regularly ain't any name for the exactness of it! All the big cities in Europe used to set the clocks by it." (Laughter, suppressed by the court.)
"How do you know? That is the question. Please answer it plainly and squarely."
"Don't you talk to me like that, Sim Robinson—I won't have it. How do I know, indeed! How do you know what you know? Because somebody told you. You didn't invent it out of your own head, did you? Why, these twins are the truthfulest people in the world; and I don't think it becomes you to sit up there and throw slurs at them when they haven't been doing anything to you. And they are orphans besides—both of them. All—"
But Aunt Betsy was up again now, and both old ladies were talking at once and with all their might; but as the house was weltering in a storm of laughter, and the judge was hammering his desk with an iron paper-weight, one could only see them talk, not hear them. At last, when quiet was restored, the court said:
"Let the ladies retire."
"But, your honor, I have the right, in the interest of my clients,—to cross-exam—"
"You'll not need to exercise it, Mr. Wilson—the evidence is thrown out."
"Thrown out!" said Aunt Patsy, ruffled; "and what's it thrown out for,I'd like to know."
"And so would I, Patsy Cooper. It seems to me that if we can save these poor persecuted strangers, it is our bounden duty to stand up here and talk for them till—"
"There, there, there, do sit down!"
It cost some trouble and a good deal of coaxing, but they were got into their seats at last. The trial was soon ended now. The twins themselves became witnesses in their own defense. They established the fact, upon oath, that the leg-power passed from one to the other every Saturday night at twelve o'clock sharp. But or cross-examination their counsel would not allow them to tell whose week of power the current week was. The judge insisted upon their answering, and proposed to compel them, but even the prosecution took fright and came to the rescue then, and helped stay the sturdy jurist's revolutionary hand. So the case had to go to the jury with that important point hanging in the air. They were out an hour and brought in this verdict:
"We the jury do find: 1, that an assault was committed, as charged; 2, that it was committed by one of the persons accused, he having been seen to do it by several credible witnesses; 3, but that his identity is so merged in his brother's that we have not been able to tell which was him. We cannot convict both, for only one is guilty. We cannot acquit both, for only one is innocent. Our verdict is that justice has been defeated by the dispensation of God, and ask to be discharged from further duty."
This was read aloud in court and brought out a burst of hearty applause. The old ladies made a spring at the twins, to shake and congratulate, but were gently disengaged by Mr. Wilson and softly crowded back into their places.
The judge rose in his little tribune, laid aside his silver-bowed spectacles, roached his gray hair up with his fingers, and said, with dignity and solemnity, and even with a certain pathos:
"In all my experience on the bench, I have not seen justice bow her head in shame in this court until this day. You little realize what far-reaching harm has just been wrought here under the fickle forms of law. Imitation is the bane of courts—I thank God that this one is free from the contamination of that vice—and in no long time you will see the fatal work of this hour seized upon by profligate so-called guardians of justice in all the wide circumstance of this planet and perpetuated in their pernicious decisions. I wash my hands of this iniquity. I would have compelled these culprits to expose their guilt, but support failed me where I had most right to expect aid and encouragement. And I was confronted by a law made in the interest of crime, which protects the criminal from testifying against himself. Yet I had precedents of my own whereby I had set aside that law on two different occasions and thus succeeded in convicting criminals to whose crimes there were no witnesses but themselves. What have you accomplished this day? Do you realize it? You have set adrift, unadmonished, in this community, two men endowed with an awful and mysterious gift, a hidden and grisly power for evil —a power by which each in his turn may commit crime after crime of the most heinous character, and no man be able to tell which is the guilty or which the innocent party in any case of them all. Look to your homes look to your property look to your lives for you have need!
"Prisoners at the bar, stand up. Through suppression of evidence, a jury of your—our—countrymen have been obliged to deliver a verdict concerning your case which stinks to heaven with the rankness of its injustice. By its terms you, the guilty one, go free with the innocent. Depart in peace, and come no more! The costs devolve upon the outraged plaintiff—another iniquity. The court stands dissolved."
Almost everybody crowded forward to overwhelm the twins and their counsel with congratulations; but presently the two old aunties dug the duplicates out and bore them away in triumph through the hurrahing crowd, while lots of new friends carried Pudd'nhead Wilson off tavernward to feast him and "wet down" his great and victorious entry into the legal arena. To Wilson, so long familiar with neglect and depreciation, this strange new incense of popularity and admiration was as a fragrance blown from the fields of paradise. A happy man was Wilson.
A deputation came in the evening and conferred upon Wilson the welcome honor of a nomination for mayor; for the village has just been converted into a city by charter. Tom skulks out of challenging the twins. Judge Driscoll thereupon challenges Angelo (accused by Tom of doing the kicking); he declines, but Luigi accepts in his place against Angelo's timid protest.
It was late Saturday night nearing eleven.
The judge and his second found the rest of the war party at the further end of the vacant ground, near the haunted house. Pudd'nhead Wilson advanced to meet them, and said anxiously:
"I must say a word in behalf of my principal's proxy, Count Luigi, to whom you have kindly granted the privilege of fighting my principal's battle for him. It is growing late, and Count Luigi is in great trouble lest midnight shall strike before the finish."
"It is another testimony," said Howard, approvingly. "That young man is fine all through. He wishes to save his brother the sorrow of fighting on the Sabbath, and he is right; it is the right and manly feeling and does him credit. We will make all possible haste."
Wilson said: "There is also another reason—a consideration, in fact, which deeply concerns Count Luigi himself. These twins have command of their mutual legs turn about. Count Luigi is in command now; but at midnight, possession will pass to my principal, Count Angelo, and—well, you can foresee what will happen. He will march straight off the field, and carry Luigi with him."
"Why! sure enough!" cried the judge, "we have heard something about that extraordinary law of their being, already—nothing very definite, it is true, as regards dates and durations of power, but I see it is definite enough as regards to-night. Of course we must give Luigi every chance. Omit all the ceremonial possible, gentlemen, and place us in position."
The seconds at once tossed up a coin; Howard won the choice. He placed the judge sixty feet from the haunted house and facing it; Wilson placed the twins within fifteen feet of the house and facing the judge —necessarily. The pistol-case was opened and the long slim tubes taken out; when the moonlight glinted from them a shiver went through Angelo. The doctor was a fool, but a thoroughly well-meaning one, with a kind heart and a sincere disposition to oblige, but along with it an absence of tact which often hurt its effectiveness. He brought his box of lint and bandages, and asked Angelo to feel and see how soft and comfortable they were. Angelo's head fell over against Luigi's in a faint, and precious time was lost in bringing him to; which provoked Luigi into expressing his mind to the doctor with a good deal of vigor and frankness. After Angelo came to he was still so weak that Luigi was obliged to drink a stiff horn of brandy to brace him up.
The seconds now stepped at once to their posts, halfway between the combatants, one of them on each side of the line of fire. Wilson was to count, very deliberately, "One-two-three-fire!—stop!" and the duelists could bang away at any time they chose during that recitation, but not after the last word. Angelo grew very nervous when he saw Wilson's hand rising slowly into the air as a sign to make ready, and he leaned his head against Luigi's and said:
"Oh, please take me away from here, I can't stay, I know I can't!"
"What in the world are you doing? Straighten up! What's the matter with you?—you're in no danger—nobody's going to shoot at you. Straighten up, I tell you!"
Angelo obeyed, just in time to hear:
"One—!"
"Bang!" Just one report, and a little tuft of white hair floated slowly to the judge's feet in the moonlight. The judge did not swerve; he still stood erect and motionless, like a statue, with his pistol-arm hanging straight down at his side. He was reserving his fire.
"Two—!"
"Three—"!
"Fire—!"
Up came the pistol-arm instantly-Angelo dodged with the report. He said"Ouch!" and fainted again.
The doctor examined and bandaged the wound.
It was of no consequence, he said—bullet through fleshy part of arm—no bones broken the gentleman was still able to fight let the duel proceed.
Next time Angelo jumped just as Luigi fired, which disordered his aim and caused him to cut a chip off of Howard's ear. The judge took his time again, and when he fired Angelo jumped and got a knuckle skinned. The doctor inspected and dressed the wounds. Angelo now spoke out and said he was content with the satisfaction he had got, and if the judge—but Luigi shut him roughly up, and asked him not to make an ass of himself; adding:
"And I want you to stop dodging. You take a great deal too prominent a part in this thing for a person who has got nothing to do with it. You should remember that you are here only by courtesy, and are without official recognition; officially you are not here at all; officially you do not even exist. To all intents and purposes you are absent from this place, and you ought for your own modesty's sake to reflect that it cannot become a person who is not present here to be taking this sort of public and indecent prominence in a matter in which he is not in the slightest degree concerned. Now, don't dodge again; the bullets are not for you, they are for me; if I want them dodged I will attend to it myself. I never saw a person act so."
Angelo saw the reasonableness of what his brother had said, and he did try to reform, but it was of no use; both pistols went off at the same instant, and he jumped once more; he got a sharp scrape along his cheek from the judge's bullet, and so deflected Luigi's aim that his ball went wide and chipped flake of skin from Pudd'nhead Wilson's chin. The doctor attended to the wounded.
By the terms, the duel was over. But Luigi was entirely out of patience, and begged for one exchange of shots, insisting that he had had no fair chance, on account of his brother's indelicate behavior. Howard was opposed to granting so unusual a privilege, but the judge took Luigi's part, and added that indeed he himself might fairly be considered entitled to another trial, because although the proxy on the other side was in no way to blame for his (the judge's) humiliatingly resultless work, the gentleman with whom he was fighting this duel was to blame for it, since if he had played no advantages and had held his head still, his proxy would have been disposed of early. He added:
"Count Luigi's request for another exchange is another proof that he is a brave and chivalrous gentleman, and I beg that the courtesy he asks may be accorded him."
"I thank you most sincerely for this generosity, Judge Driscoll," saidLuigi, with a polite bow, and moving to his place. Then he added toAngelo, "Now hold your grip, hold your grip, I tell you, and I'll landhim sure!"
The men stood erect, their pistol-arms at their sides, the two seconds stood at their official posts, the doctor stood five paces in Wilson's rear with his instruments and bandages in his hands. The deep stillness, the peaceful moonlight, the motionless figures, made an impressive picture and the impending fatal possibilities augmented this impressiveness solemnity. Wilson's hand began to rise—slowly—still higher—still higher—in another moment:
"Boom!" the first stroke of midnight swung up out of the distance;Angelo was off like a deer!
"Oh, you unspeakable traitor!" wailed his brother, as they went soaring over the fence.
The others stood astonished and gazing; and so stood, watching that strange spectacle until distance dissolved it and swept it from their view. Then they rubbed their eyes like people waking out of a dream,
"Well, I've never seen anything like that before!" said the judge. "Wilson, I am going to confess now, that I wasn't quite able to believe in that leg business, and had a suspicion that it was a put-up convenience between those twins; and when Count Angelo fainted I thought I saw the whole scheme—thought it was pretext No. 2, and would be followed by others till twelve o'clock should arrive, and Luigi would get off with all the credit of seeming to want to fight and yet not have to fight, after all. But I was mistaken. His pluck proved it. He's a brave fellow and did want to fight."
"There isn't any doubt about that," said Howard, and added, in a grieved tone, "but what an unworthy sort of Christian that Angelo is—I hope and believe there are not many like him. It is not right to engage in a duel on the Sabbath—I could not approve of that myself; but to finish one that has been begun—that is a duty, let the day be what it may."
They strolled along, still wondering, still talking.
"It is a curious circumstance," remarked the surgeon, halting Wilson a moment to paste so more court-plaster on his chin, which had gone to leaking blood again, "that in this duel neither of the parties who handled the pistols lost blood while nearly all the persons present in the mere capacity of guests got hit. I have not heard of such a thing before. Don't you think it unusual?"
"Yes," said the Judge, "it has struck me as peculiar. Peculiar and unfortunate. I was annoyed at it, all the time. In the case of Angelo it made no great difference, because he was in a measure concerned, though not officially; but it troubled me to see the seconds compromised, and yet I knew no way to mend the matter.
"There was no way to mend it," said Howard, whose ear was being readjusted now by the doctor; "the code fixes our place, and it would not have been lawful to change it. If we could have stood at your side, or behind you, or in front of you, it—but it would not have been legitimate and the other parties would have had a just right to complain of our trying to protect ourselves from danger; infractions of the code are certainly not permissible in any case whatever."
Wilson offered no remarks. It seemed to him that there was very little place here for so much solemnity, but he judged that if a duel where nobody was in danger or got crippled but the seconds and the outsiders had nothing ridiculous about it for these gentlemen, his pointing out that feature would probably not help them to see it.
He invited them in to take a nightcap, and Howard and the judge accepted, but the doctor said he would have to go and see how Angelo's principal wound was getting on.
[It was now Sunday, and in the afternoon Angelo was to be received into the Baptist communion by immersion—a doubtful prospect, the doctor feared.]
When the doctor arrived at Aunt Patsy Cooper's house, he found the lights going and everybody up and dressed and in a great state of solicitude and excitement. The twins were stretched on a sofa in the sitting-room, Aunt Patsy was fussing at Angelo's arm, Nancy was flying around under her commands, the two young boys were trying to keep out of the way and always getting in it, in order to see and wonder, Rowena stood apart, helpless with apprehension and emotion, and Luigi was growling in unappeasable fury over Angelo's shameful flight.
As has been reported before, the doctor was a fool—a kind-hearted and well-meaning one, but with no tact; and as he was by long odds the most learned physician in the town, and was quite well aware of it, and could talk his learning with ease and precision, and liked to show off when he had an audience, he was sometimes tempted into revealing more of a case than was good for the patient.
He examined Angelo's wound, and was really minded to say nothing for once; but Aunt Patsy was so anxious and so pressing that he allowed his caution to be overcome, and proceeded to empty himself as follows, with scientific relish:
"Without going too much into detail, madam—for you would probably not understand it, anyway—I concede that great care is going to be necessary here; otherwise exudation of the esophagus is nearly sure to ensue, and this will be followed by ossification and extradition of the maxillaris superioris, which must decompose the granular surfaces of the great infusorial ganglionic system, thus obstructing the action of the posterior varioloid arteries, and precipitating compound strangulated sorosis of the valvular tissues, and ending unavoidably in the dispersion and combustion of the marsupial fluxes and the consequent embrocation of the bicuspid populo redax referendum rotulorum."
A miserable silence followed. Aunt Patsy's heart sank, the pallor of despair invaded her face, she was not able to speak; poor Rowena wrung her hands in privacy and silence, and said to herself in the bitterness of her young grief, "There is no hope—it is plain there is no hope"; the good-hearted negro wench, Nancy, paled to chocolate, then to orange, then to amber, and thought to herself with yearning sympathy and sorrow, "Po' thing, he ain' gwyne to las' throo de half o' dat"; small Henry choked up, and turned his head away to hide his rising tears, and his brother Joe said to himself, with a sense of loss, "The baptizing's busted, that's sure." Luigi was the only person who had any heart to speak. He said, a little bit sharply, to the doctor:
"Well, well, there's nothing to be gained by wasting precious time; give him a barrel of pills—I'll take them for him."
"You?" asked the doctor.
"Yes. Did you suppose he was going to take them himself?"
"Why, of course."
"Well, it's a mistake. He never took a dose of medicine in his life. He can't."
"Well, upon my word, it's the most extraordinary thing I ever heard of!"
"Oh," said Aunt Patsy, as pleased as a mother whose child is being admired and wondered at; "you'll find that there's more about them that's wonderful than their just being made in the image of God like the rest of His creatures, now you can depend on that, I tell you," and she wagged her complacent head like one who could reveal marvelous things if she chose.
The boy Joe began:
"Why, ma, they ain't made in the im—"
"You shut up, and wait till you're asked, Joe. I'll let you know when I want help. Are you looking for something, doctor?"
The doctor asked for a few sheets of paper and a pen, and said he would write a prescription; which he did. It was one of Galen's; in fact, it was Galen's favorite, and had been slaying people for sixteen thousand years. Galen used it for everything, applied it to everything, said it would remove everything, from warts all the way through to lungs and it generally did. Galen was still the only medical authority recognized in Missouri; his practice was the only practice known to the Missouri doctors, and his prescriptions were the only ammunition they carried when they went out for game.
By and by Dr. Claypool laid down his pen and read the result of his labors aloud, carefully and deliberately, for this battery must be constructed on the premises by the family, and mistakes could occur; for he wrote a doctor's hand the hand which from the beginning of time has been so disastrous to the apothecary and so profitable to the undertaker:
"Take of afarabocca, henbane, corpobalsamum, each two drams and a half: of cloves, opium, myrrh, cyperus, each two drams; of opobalsamum, Indian leaf, cinnamon, zedoary, ginger, coftus, coral, cassia, euphorbium, gum tragacanth, frankincense, styrax calamita, Celtic, nard, spignel, hartwort, mustard, saxifrage, dill, anise, each one dram; of xylaloes, rheum ponticum, alipta, moschata, castor, spikenard, galangals, opoponax, anacardium, mastich, brimstone, peony, eringo, pulp of dates, red and white hermodactyls, roses, thyme, acorns, pennyroyal, gentian, the bark of the root of mandrake, germander, valerian, bishop's-weed, bayberries, long and white pepper, xylobalsamum, carnabadium, macedonian, parsley seeds, lovage, the seeds of rue, and sinon, of each a dram and a half; of pure gold, pure silver, pearls not perforated, the blatta byzantina, the bone of the stag's heart, of each the quantity of fourteen grains of wheat; of sapphire, emerald and jasper stones, each one dram; of hazel-nuts, two drams; of pellitory of Spain, shavings of ivory, calamus odoratus, each the quantity of twenty-nine grains of wheat; of honey or sugar a sufficient quantity. Boil down and skim off."
"There," he said, "that will fix the patient; give his brother a dipperful every three-quarters of an hour—"
"—while he survives," muttered Luigi—
"—and see that the room is kept wholesomely hot, and the doors and windows closed tight. Keep Count Angelo nicely covered up with six or seven blankets, and when he is thirsty—which will be frequently—moisten a 'rag in the vapor of the tea kettle and let his brother suck it. When he is hungry—which will also be frequently he must not be humored oftener than every seven or eight hours; then toast part of a cracker until it begins to brown, and give it to his brother."
"That is all very well, as far as Angelo is concerned," said Luigi, "but what am I to eat?"
"I do not see that there is anything the matter with you," the doctor answered, "you may, of course, eat what you please."
"And also drink what I please, I suppose?"
"Oh, certainly—at present. When the violent and continuous perspiring has reduced your strength, I shall have to reduce your diet, of course, and also bleed you, but there is no occasion for that yet awhile." He turned to Aunt Patsy and said: "He must be put to bed, and sat up with, and tended with the greatest care, and not allowed to stir for several days and nights."
"For one, I'm sacredly thankful for that," said Luigi, "it postpones the funeral—I'm not to be drowned to-day, anyhow."
Angelo said quietly to the doctor:
"I will cheerfully submit to all your requirements, sir, up to two o'clock this afternoon, and will resume them after three, but cannot be confined to the house during that intermediate hour."
"Why, may I ask?"
"Because I have entered the Baptist communion, and by appointment am to be baptised in the river at that hour."
"Oh, insanity!—it cannot be allowed!"
Angelo answered with placid firmness:
"Nothing shall prevent it, if I am alive."
"Why, consider, my dear sir, in your condition it might prove fatal."
A tender and ecstatic smile beamed from Angelo's eyes, and he broke forth in a tone of joyous fervency:
"Ah, how blessed it would be to die for such a cause—it would be martyrdom!"
"But your brother—consider your brother; you would be risking his life, too."
"He risked mine an hour ago," responded Angelo, gloomily; "did he consider me?" A thought swept through his mind that made him shudder. "If I had not run, I might have been killed in a duel on the Sabbath day, and my soul would have been lost—lost."
"Oh, don't fret, it wasn't in any danger," said Luigi, irritably; "they wouldn't waste it for a little thing like that; there's a glass case all ready for it in the heavenly museum, and a pin to stick it up with."
Aunt Patsy was shocked, and said:
"Looy, Looy!—don't talk so, dear!"
Rowena's soft heart was pierced by Luigi's unfeeling words, and she murmured to herself, "Oh, if I but had the dear privilege of protecting and defending him with my weak voice!—but alas! this sweet boon is denied me by the cruel conventions of social intercourse."
"Get their bed ready," said Aunt Patsy to Nancy, "and shut up the windows and doors, and light their candles, and see that you drive all the mosquitoes out of their bar, and make up a good fire in their stove, and carry up some bags of hot ashes to lay to his feet—"
"—and a shovel of fire for his head, and a mustard plaster for his neck, and some gum shoes for his ears," Luigi interrupted, with temper; and added, to himself, "Damnation, I'm going to be roasted alive, I just know it!"
"Why, Looy! Do be quiet; I never saw such a fractious thing. A body would think you didn't care for your brother."
"I don't—to that extent, Aunt Patsy. I was glad the drowning was postponed a minute ago, but I'm not now. No, that is all gone by; I want to be drowned."
"You'll bring a judgment on yourself just as sure as you live, if you go on like that. Why, I never heard the beat of it. Now, there—there! you've said enough. Not another word out of you—I won't have it!"
"But, Aunt Patsy—"
"Luigi! Didn't you hear what I told you?"
"But, Aunt Patsy, I—why, I'm not going to set my heart and lungs afloat in that pail of sewage which this criminal here has been prescri—"
"Yes, you are, too. You are going to be good, and do everything I tell you, like a dear," and she tapped his cheek affectionately with her finger. "Rowena, take the prescription and go in the kitchen and hunt up the things and lay them out for me. I'll sit up with my patient the rest of the night, doctor; I can't trust Nancy, she couldn't make Luigi take the medicine. Of course, you'll drop in again during the day. Have you got any more directions?"
"No, I believe not, Aunt Patsy. If I don't get in earlier, I'll be along by early candle-light, anyway. Meantime, don't allow him to get out of his bed."
Angelo said, with calm determination:
"I shall be baptized at two o'clock. Nothing but death shall prevent me."
The doctor said nothing aloud, but to himself he said:
"Why, this chap's got a manly side, after all! Physically he's a coward, but morally he's a lion. I'll go and tell the others about this; it will raise him a good deal in their estimation—and the public will follow their lead, of course."
Privately, Aunt Patsy applauded too, and was proud of Angelo's courage in the moral field as she was of Luigi's in the field of honor.
The boy Henry was troubled, but the boy Joe said, inaudibly, and gratefully, "We're all honky, after all; and no postponement on account of the weather."
By nine o'clock the town was humming with the news of the midnight duel, and there were but two opinions about it: one, that Luigi's pluck in the field was most praiseworthy and Angela's flight most scandalous; the other, that Angelo's courage in flying the field for conscience' sake was as fine and creditable as was Luigi's in holding the field in the face of the bullets. The one opinion was held by half of the town, the other one was maintained by the other half. The division was clean and exact, and it made two parties, an Angela party and a Luigi party. The twins had suddenly become popular idols along with Pudd'nhead Wilson, and haloed with a glory as intense as his. The children talked the duel all the way to Sunday-school, their elders talked it all the way to church, the choir discussed it behind their red curtain, it usurped the place of pious thought in the "nigger gallery."
By noon the doctor had added the news, and spread it, that Count Angelo, in spite of his wound and all warnings and supplications, was resolute in his determination to be baptized at the hour appointed. This swept the town like wildfire, and mightily reinforced the enthusiasm of the Angelo faction, who said, "If any doubted that it was moral courage that took him from the field, what have they to say now!"
Still the excitement grew. All the morning it was traveling countryward, toward all points of the compass; so, whereas before only the farmers and their wives were intending to come and witness the remarkable baptism, a general holiday was now proclaimed and the children and negroes admitted to the privileges of the occasion. All the farms for ten miles around were vacated, all the converging roads emptied long processions of wagons, horses, and yeomanry into the town. The pack and cram of people vastly exceeded any that had ever been seen in that sleepy region before. The only thing that had ever even approached it, was the time long gone by, but never forgotten, nor even referred to without wonder and pride, when two circuses and a Fourth of July fell together. But the glory of that occasion was extinguished now for good. It was but a freshet to this deluge.
The great invasion massed itself on the river-bank and waited hungrily for the immense event. Waited, and wondered if it would really happen, or if the twin who was not a "professor" would stand out and prevent it.
But they were not to be disappointed. Angela was as good as his word. He came attended by an escort of honor composed of several hundred of the best citizens, all of the Angelo party; and when the immersion was finished they escorted him back home and would even have carried him on their shoulders, but that people might think they were carrying Luigi.
Far into the night the citizens continued to discuss and wonder over the strangely mated pair of incidents that had distinguished and exalted the past twenty-four hours above any other twenty-four in the history of their town for picturesqueness and splendid interest; and long before the lights were out and burghers asleep it had been decided on all hands that in capturing these twins Dawson's Landing had drawn a prize in the great lottery of municipal fortune.
At midnight Angelo was sleeping peacefully. His immersion had not harmed him, it had merely made him wholesomely drowsy, and he had been dead asleep many hours now. It had made Luigi drowsy, too, but he had got only brief naps, on account of his having to take the medicine every three-quarters of an hour-and Aunt Betsy Hale was there to see that he did it. When he complained and resisted, she was quietly firm with him, and said in a low voice:
"No-no, that won't do; you mustn't talk, and you mustn't retch and gag that way, either—you'll wake up your poor brother."
"Well, what of it, Aunt Betsy, he—"
"'Sh-h! Don't make a noise, dear. You mustn't: forget that your poor brother is sick and—"
"Sick, is he? Well, I wish I—"
"'Sh-h-h! Will you be quiet, Luigi! Here, now, take the rest of it —don't keep me holding the dipper all night. I declare if you haven't left a good fourth of it in the bottom! Come-that's a good—
"Aunt Betsy, don't make me! I feel like I've swallowed a cemetery; I do, indeed. Do let me rest a little—just a little; I can't take any more of the devilish stuff now."
"Luigi! Using such language here, and him just baptized! Do you want the roof to fall on you?"
"I wish to goodness it would!"
"Why, you dreadful thing! I've a good notion to—let that blanket alone; do you want your, brother to catch his death?"
"Aunt Betsy, I've got to have it off, I'm being roasted alive; nobody could stand it—you couldn't yourself."
"Now, then, you're sneezing again—I just expected it."
"Because I've caught a cold in my head. I always do, when I go in the water with my clothes on. And it takes me weeks to get over it, too. I think it was a shame to serve me so."
"Luigi, you are unreasonable; you know very well they couldn't baptize him dry. I should think you would be willing to undergo a little inconvenience for your brother's sake."
"Inconvenience! Now how you talk, Aunt Betsy. I came as near as anything to getting drowned you saw that yourself; and do you call this inconvenience?—the room shut up as tight as a drum, and so hot the mosquitoes are trying to get out; and a cold in the head, and dying for sleep and no chance to get any—on account of this infamous medicine that that assassin prescri—"
"There, you're sneezing again. I'm going down and mix some more of this truck for you, dear."