CHAPTER XXIX

A DISAPPOINTMENT

DURING the second winter Ruth left the ranch only twice, except for runs

down to Wagon Wheel. Late in January she went to Cheyenne with her boy

to make another appeal to the governor. He was full of genuine homely

kindness to her, and renewed at once his allegiance to Rowan, junior.

With the large hospitality of the West, he urged her to spend the next

few months as their guest, to postpone her return at least until the

snow was out of the hills. But in the matter of a parole he stood firm

against the entreaties of his wife, the touching wistfulness of her

friend, and the tug of desire at his own big heart.

Her other visit was in April to the penitentiary. McCoy was away as a

trusty in charge of a road-building gang near Casper. But it was not her

husband that Ruth had come to see. She wanted to make a plea to the one

man who could help her. She carried an order from Governor McDowell

permitting her to see him.

The hour she had chosen was inauspicious. Falkner, sullen and dogged,

was brought in irons to the office of the warden. His face was badly

swollen and cut. He pretended not to recognize Ruth, but stood, heavy

and lowering, his sunken eyes set defiantly straight before him.

“He’s been in solitary for a week,” explained the warden. “Makes us more

trouble than any two men here. This time he hit a guard over the head

with a shovel.”

The prisoner had the baited look of a hunted wild animal.

“I’m so sorry,” breathed Ruth.

It was plain to her at a glance that he was much more of a wild beast

than he had been when she last saw him.

“You needn’t be sorry for him. He brings it all on himself.” The warden

turned curtly to Falkner. “This lady wants to talk to you. See you

behave yourself.”

But when she was alone with this battered hulk her carefully prepared

arguments all fell away from her. She felt instinctively that they would

have no weight with him. She hesitated, uncertain how to proceed. The

best she could do was to repeat herself.

“I’m sorry they don’t treat you well, Mr. Falkner. Is there anything I

can do for you—tobacco or anything like that?”

He gave her a sulky sidewise look, but did not answer.

“We’re all hoping you’ll get out soon,” she went on bravely. “They are

talking of getting up a petition for all of you.”

She stuck again. His whole attitude was unfriendly and hostile.

“I—I’ve come to ask another favour of you. Perhaps you don’t know that

I have a little baby now. I’m trying to get Rowan out on parole, but the

governor won’t do anything unless we bring evidence to show that he did

not kill Mr. Gilroy.”

He clung still to his obstinate silence. His eyes were watching her now

steadily. It came to her that her suffering pleased him.

“So I’ve come to you, Mr. Falkner. You are the only man that can help

me. If you’ll make a statement that you shot Mr. Gilroy the governor

will give me back my husband. I’m asking it for the sake of my little

baby.”

A pulse beat fast in her throat. A tremor passed through her body. The

eyes begged him to be merciful.

He laughed, and the sound of his laughter was harsh and cruel.

“I’d see the whole outfit of you rot first.”

“I’m sure you don’t mean that,” she said gently. “You haven’t been

treated well here, and naturally you feel hard about it. Anybody would.

But I’m sure you want to be fair to your friends.”

“My friends!” he jeered bitterly. “Tha’s a good one. My friends!”

“Isn’t Rowan your friend? You told me yourself that he had stood by you

to the finish, though it almost cost him his own life. If he had lifted

a finger and pointed it at you he and the others would have been given

short terms and you would have been hanged. You said as much to me that

day down at Wagon Wheel. Won’t you say as much to the governor now? It

can’t hurt you, and it would bring happiness to so many people.”

“You want me to be the goat, eh?”

“I want you to tell the truth. Rowan would in your place. He’d never let

women and children suffer for his wrongdoing. I don’t think you would if

you thought of it.”

“You’re wastin’ yore breath,” he told her sulkily.

“I wish you could see Missie Yerby and her little boy. They get along

somehow because the neighbours help with the cattle. She doesn’t

complain. She’s brave. But she does miss Sam dreadfully. So does the

little boy. He’s a nice manly little chap, but he needs a father. It

isn’t right that he shouldn’t have one. He often asks when his dad is

coming home.”

“I ain’t keepin’ him here,” he growled.

“And Mrs. Rogers will be an old woman soon if Brad doesn’t get out. I

can see her fading away. It seems to me that if I could help them by

saying a few words, by just telling the truth, that it would give me

pleasure to make them happy.”

“Different here,” he snarled. “It’s every one for himself.”

“That isn’t what you told me that day at Wagon Wheel,” she said quietly.

“All right. I’ve changed my mind. Let it go at that.”

“Kate is still waiting for Jack Cole. She won’t look at any other man.”

“Makes no difference to me if she waits till Kingdom Come.”

“That’s three women who are unhappy, and Jack’s mother is another, and

I’m the fifth. Five women and two children you could make glad by

confessing that you started the shooting and killed Mr. Gilroy. Not many

men have an opportunity like that. We would bless you in our prayers,

Mr. Falkner.”

“Keep right on soft-soapin’ me. See where it gets you,” he taunted.

She ignored his retort.

“We’d do more for you than that. We’d all work for your pardon, too.

We’d show how Joe Tait had beaten you up when you hadn’t a chance and

how quarrelsome he was. Pretty soon we’d get you out, too.”

“The hell you would! Don’t I know? I’d stand the gaff for all of ’em.

Ain’t I doing it now? Rowan’s out somewheres bossin’ a road gang. Rogers

is in the warden’s office. Sam Yerby putters around the garden. An’

me—I live in that damned dark hole alone. They’re warden’s little pets.

I’m the one that gets the whip. By God, if I ever get a chance at one of

these slave-drivers——”

He broke off, to grind his teeth in a fury of impotent rage.

“Don’t! Don’t feel that way,” she begged. “You get all the worst of it.

Don’t you see you do? And it makes you unhappy. Let me tell the warden

that you’ll try not to break the prison rules. It would be so much

better for you.”

“Tell him I’ll cut his black heart out if I ever get a chance.”

She was appalled at his venomous hatred. Vaguely she knew that prison

discipline was often harsh. Occasionally some echo of it crept into

newspapers. Falkner was refractory and undisciplined. No doubt he had

broken rules and been insubordinate. It came to her that there had been

some contest of stubborn will between this lawless convict and the

guards who had charge of him. His face was scarred with wounds not yet

healed. She did not know that ridges crossed and recrossed his back

where the lash had cut away the skin with cruel strokes which had burned

like fire. But she did know that he was untamed and unbroken, that

nothing short of death could make that wild spirit quail before his

tormentors.

“I wish I could help you,” she said. “But I can’t. All I can do is ask

you to help me. Won’t you think about it, please? I know you’re a man.

You’re not afraid to take the blame that belongs to you. If you could

only see this straight, the way you would see it if you were outdoors in

the hills, I know you would help me.”

“I don’t need to think about it. I’m playin’ my own hand.”

“The governor says that if I can get any evidence, any proof that Rowan

did not start the shooting or kill Gilroy, he will give him a pardon. It

lies with you, Mr. Falkner.”

“Well, I’ve done given you my answer. I’m for myself, an’ for nobody

else. Tha’s the bed rock of it.”

For Rowan’s freedom Ruth would have gone a long way. She had humbled

herself to plead with the convict. But she had known it would be

useless. His environment had so deadened his moral sense, so numbed his

sympathy, that she could strike no response from him. When she left the

prison it was with the knowledge that she had not advanced her husband’s

cause one whit.

In front of the warden’s house a convict was wheeling manure and

scattering it on the lawn. Some trick of gesture caught the attention of

Ruth. Her arrested eyes fixed themselves on the man. His shoulders

drooped, and his whole attitude expressed dejected listlessness, but she

was sure she knew him. Deserting the warden’s wife, she ran forward with

both hands outstretched.

“Oh, I’m so glad to see you!”

For an instant a puzzled expression lifted the white eyebrows and

slackened the lank jaw of Sam Yerby. Then his shoulders straightened. He

had been caught with his guard down, detected in the mood of

hopelessness into which he often fell now.

He came gamely to time. “Well—well, Miss Ruth. I’m sure proud to see

you, ma’am.”

“They told me you were at a road camp. One of the guards said so.”

“I was, but I’m back. You’re looking fine, ma’am. Missie writes me

you-all done got a little baby of yore own now.”

She nodded. “Yes, I’ll tell you all about it. But how are you? Missie

will ask me a hundred questions.”

“I’m tol’able, thank you.” Yerby, looking across her shoulder, saw a

guard moving toward them. He did not mention to her that he was liable

to ten days’ solitary confinement for talking to a visitor without

permission. “How’s Missie—and Son?”

“Missie is prettier than ever. She’s always talking about you. And the

boy—he’s the dandiest little chap—smart as a whip and good as gold.

You’ll be awfully pleased with him when you come home.”

“Yes’m—when I come home.”

His voice fell flat. Its lifelessness went to the heart of his friend.

She saw that hope was dead within him. He was getting into the fifties,

and the years were slipping away.

“That won’t be long. We’re getting up a petition to——”

The guard pushed between Ruth and the convict. “You know the rule,

Yerby,” he said curtly.

“Yes, sir, and I most generally aim to keep it. But when a lady speaks

to me—an old friend——”

“Come along with me.”

The old cowman dropped his shovel and shambled off beside the guard.

Ruth turned in consternation to the wife of the warden. “What have I

done?”

“He oughtn’t to have talked with you. That’s the rule. He knew it.”

“You won’t let him be punished because I made a mistake, will you? He’s

a Texan, you know. He thinks it wouldn’t be courteous not to answer a

lady. It would make me very unhappy if I had got him into trouble.”

The warden’s wife smiled. “I think it can be arranged this time. We all

like him. We’re all sorry for him. He takes it to heart a good deal that

he has to stay in prison. I talk with him when he pots my plants, and he

tells me he wants to hear the whining of a rope and to taste the dust of

the drag driver, whatever that is. I wish the governor would pardon him.

If he stays much longer he’ll become an old man with no hope in his

heart.”

“I’ll tell his wife that you are good to him. It will be a great comfort

to her. She’s a good deal younger than he is, but she’s very fond of

him.”

The meeting with Yerby depressed Ruth more even than her encounter with

Falkner. She took home with her a memory of a brave man slowly having

the zest of life pressed out of him.

But of this she said little when next she wrote to Rowan. Always her

letters had running through them the red thread of hope. She told him

that Flanders was getting up a petition for a parole which had been

signed by half the county, including the judge who had tried him, every

member of the jury, the prosecuting attorney, and the sheriff. Nor did

she mention that Ruth McCoy was the motive power behind the petition,

that she in person had won the signatures of Haight, Matson, and the

judge, as well as hundreds of others.

The clock struck midnight before she finished her letter:

It is very late, sweetheart—almost utterly quiet, save for a

small wind among the leaves, and the night is black and soft,

and abloom with stars. Stillness and stars and whispering

wind—they are all astir with dreams and questions—yes, and

answers, too. I feel sure of that, love—as sure as I do of you.

Will you take “good-night” born of the night’s voices, dear?

She signed her name, turned out the lights, and sat long at the low

window, her fingers laced around her knee. The thoughts back of her

hungry, shadowy eyes were gropings for the answers of which she had

written so confidently.

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