CHAPTER I

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THE CODE OF THE MOUNTAINS

BY CHARLES NEVILLE BUCK

AUTHOR OF THE CALL OF THE CUMBERLANDS, THE BATTLE CRY, ETC.

ILLUSTRATIONS BY

G. W. GAGE

NEW YORK

GROSSET & DUNLAP

PUBLISHERS

COPYRIGHT, 1915, BY

W. J. WATT & COMPANY

_Published May_

* * * * *

_OTHER BOOKS BY_

CHARLES NEVILLE BUCK

THE KEY TO YESTERDAY

THE LIGHTED MATCH

THE PORTAL OF DREAMS

THE CALL OF THE CUMBERLANDS

THE BATTLE CRY

[Illustration: "Newty," she said softly, "why don't you shake the dirt

of this place offen your feet?"]

THE CODE OF THE MOUNTAINS

CHAPTER I

This morning the boy from the forks of Troublesome Creek had back his

name once more. It was not a distinguished name, nor one to be flaunted

in pride of race or achievement. On the contrary, it was a synonym for

violent law-breaking and in the homely parlance of the Cumberland

ridges, where certain infractions are condoned, it stood for "pizen

meanness." Generations of Spooners before him had taken up the surname

and carried it like runners in a relay race--often into evil ways. Many

had laid down their lives and name with abruptness and violence.

When the pioneers first set their feet into the Wilderness trail out of

Virginia, some left because the vague hinterland west of the ridges

placed them "beyond the law's pursuing."

Tradition said that of the latter class were the Spooners, but Newt

Spooner had no occasion to probe the remote past for a record of

turpitude. It lay before him inscribed in a round clerical hand on the

ledger which the warden of the Frankfort Penitentiary was just closing.

Though the Governor's clemency had expunged the red charge of murder

set against his name at the tender age of eighteen, there was another

record which the Governor could not erase. A sunken grave bore testimony

in a steep mountainside burial-ground back in "Bloody Breathitt," where

dead weed stalks rattled and tangled ropes of fox-grapes bore their

fruit in due season.

However, even the name of Newt Spooner is a better thing than the Number

813, which for two years had been his designation within those gray and

fortressed walls along whose tops sentry-boxes punctuated the angles.

This morning he wore a suit of black clothes, the gift of the

commonwealth, and his eyes were fixed rather avidly on a five-dollar

note which the warden held tightly between his thumb and forefinger.

Newt knew that the bill, too, was to be his. Yet the warden seemed

needlessly deliberate in making the presentation. That functionary

intended first to have something to say; something meant in all

kindliness, but as Newt waited, shifting his bulk uneasily from foot to

foot, his narrowed eyes traveled with restlessness, and his thin lips

clamped themselves into a line indicative of neither gratitude nor

penitence. The convict's thoughts for two years had been circling with

uncomplicated directness about one focus. Newt Spooner had a fixed idea.

The office of the warden was not a cheery place. Its walls and desk and

key-racks spoke suggestively of the business administered there. The

warden tilted back in his swivel chair, and gazed at the forgiven, but

unforgiving prisoner.

"Spooner," he began in that tone which all homilies have in common;

"Spooner, you have been luckier than you had any reason to expect. It's

up to you to see that I don't get you back here again."

He gazed sternly at the boy, for he was still a boy, despite the chalky

and aged pallor of his face, despite the tight-clenched line of the thin

lips, despite the stooping and emaciated shoulders. The Kentucky

mountaineer withers into quick decay between prison walls, and, unless

appearances were deceitful, this one was already being beckoned to by

the specter of tuberculosis.

"You have been pardoned and restored to all civil rights by the

Governor," went on the official. "Your youth and ill health appealed to

some ladies who went through the prison. You are the youngest homicide

we have here. They interceded because you were only an ignorant kid when

you were drawn into this murder conspiracy."

Newt's eyes blazed evilly at the words, but he only clamped his mouth

tighter. He would not have called it a murder conspiracy. To him it was

merely "killin' a feller that needed killin'." "Since," continued the

warden quietly, "you were full of white liquor, and since you had never

had a chance to know much anyhow, those ladies got busy, and you have

another chance. You ought to feel very grateful to them. It's up to you

to prove that the experiment was worth the risk it involves--the risk

of turning an assassin loose on society."

The boy from Troublesome said nothing. From his thin chest came a deep,

racking cough. He spat on the floor, and wondered how long this man

would hold back the five-dollar bill and prolong the interview.

"Well?" The warden's voice was impatient. "Don't you hear me talking to

you? Haven't you got any sense of decent gratitude?"

A fiercely baleful wrath shot instinctively through Newt's gray

hawk-like eyes and smoldered in their deep sockets, but there still was

need to leash his anger--and conceal his purpose.

"I'm obleeged ter ye," he answered in a dead voice of mock humility,

though his tongue ached to burst into profane denunciation, "but I

hain't axed nobody ter do nothin'. I didn't 'low ter be beholden ter

nobody."

"You are 'beholden' to everybody who has befriended you," retorted the

warden with rising asperity. "Do you mean to go back to the mountains?"

At once there leaped into the released convict's mind a vision of being

spied upon and thwarted in his purpose--a purpose which the law could

not countenance. To cover his anger he fell into a fit of violent

coughing, and, when he answered, it was with the crafty semblance of

indecision.

"I 'lowed I mout go back an' see my kinfolks fer a spell."

"And after that?"

"I 'lowed," lied Spooner cautiously, "thet atter thet I'd go West."

"Now take a tip from me," commanded the warden, and, since he still held

the five-dollar bill, the boy from Troublesome was forced to accord

unwilling attention. "Every mountain man that goes away drifts

eventually back to the mountains. God knows why they do it, but they do.

You have just one chance of salvation. I had that in mind when I spoke

to the Governor and asked him to include in your pardon a restoration of

civil rights. If you get well enough to stand the physical examination,

enlist in the army. Once in, you'll have to stay three years--and in

three years a fellow can do a lot of thinking. It may make a man of you.

If you don't take that tip I'll have you back here again--as sure as God

made you--unless you get hanged instead."

The warden extended his hand containing the provision with which the

commonwealth of Kentucky invited this human brandling to rehabilitate

his life. The mountaineer bent eagerly forward and clutched at the money

with a wolfish haste of greed. Ten minutes later the prison gates swung

outward.

The Frankfort Penitentiary sits on a hill looking down to a ragged town

which straddles the Kentucky River. In the basin below somnolent streets

spread away and lose themselves in glistening turnpikes between

bluegrass farms where velvet lawns and shaded woodlands surround old

mansions that mirror the charm and flavor of rural England. The state

capital is a large village rather than a city, but to this boy who had

known only the wild isolation of the Cumberlands, where sky-high

ramparts have caught and arrested human development, Frankfort seemed a

baffling metropolis. In the lumber-yards and distilleries that cluttered

the steep river banks he saw only bewilderment and in the dome of the

capitol the symbol of a power that had jailed him; that except for his

youth would have hanged him.

One thing only he saw which struck a note of the nostalgic and brought a

catch to his throat. That river had its headwaters in his own country.

One branch flowed through his own county seat, and those knobs that

hugged its banks and framed the straggling town under the singing June

skies, were the little cousins of the mountains where his forefathers

had lived their lives and fought their battles for a hundred years.

If he followed them long enough, they would mount from knobs to

foothills and from foothills to peaks. The metaled turnpikes would

dwindle and end in clay roads. These roads would in time give way to

rougher trails, rock-strewn and licked by the little, whispering waters

that make rivers, and he would travel by creek-bed ways over which

wagons, if they go at all, must strain their axles and where men ride

mules with their luggage in saddle-bags. There forests of age-old oaks

and spruce, pines and poplars and hickory and ash would troop down and

smother in the hillsides, and the rhododendron would be in bloom just

now. The laurel bushes would be all a-glisten and the elder tops would

be tossing sprays of foam-like blossom between towering sentinels of

rock.

But the beauties of the rugged home country had for him another meaning.

At the roots of the laurel a man can crouch unseen with his rifle

cradled against his shoulder to "lay-way" an enemy who has over-lived

his time.

When he had a certain man in rifle-range, the rest would be elementally

simple. He had spent more than two years thinking of that and evolving

every needful plan in detail. There was now no need of haste. After all

this thinking he could afford to consult his leisure and enjoy the

pleasures of anticipation. When once the deed was done, as the warder

had reminded him, there was the probable shadow of the gallows. But it

should be said for the late Number 813 that in his reflections was no

germ of vacillation or indecision. His one definite motive in life was

what he deemed just reprisal. He was willing to pay for that without

haggling over the cost, but he was not willing to defeat his end by

hasty incaution.

He had been in prison over two years and was still very weak. He

recognized with contempt the tremor of his hand. Once that hand had been

so steady that all his squirrels fell from the hickories pierced through

the head. It would be a little time before he could again command that

nicety of rifle-craft. But now he must get home and home lay about a

hundred and fifteen miles "over yon." He could reach Jackson by rail,

but that would cost money, and there was ammunition to be bought and

other matters of importance, and his capital was precisely five dollars.

Besides, railroad trains were luxurious and effete; they were not for

him. He would "jest natcherly take his foot in his hand and light

out"--pausing only for a little "snack" to eat and a flask to cheer his

journey.

He made his way slowly down into the center of the town: a town which

had come to recognize at a glance these prison-given suits of black;

these faces pasty with the pallor of confinement; this shamble fathered

by the slouchy swing of the lock-step. For the June morning when No. 813

became again Newt Spooner was in the year 1897, and the ancient rigors

of prison life still held.

Eyes turned curiously on the shambling derelict, but the only expression

on Newt's face was one of surly defiance to the world. The only

sentiment that stirred in his breast was such as might have brooded in

the narrow and poisoned brain of a rattle-snake, lying close-coiled by

the laurel roots along his native creek-beds.

Prisons are to reform and teach lessons of law. Newt Spooner had been in

prison and was now out. He had already known how to hate, but now he

knew how to hate with a greater tensity. Also, he had learned to cloak

his animosity behind a craftier concealment.

He had grown up as a cub among wolf-like men, running with the pack.

From his mother's shrunken breast he had drawn bitterness toward his

foes and "meanness."

He remembered his boyhood surprise at the shocked face of the circuit

rider when his father had laconically announced: "Stranger, thet thar

boy's done drunk licker sence he was a baby. We weaned him on hit. Hit's

good licker, 'cause we made hit ourselves--an' we hain't paid no damn'

Gov'ment tax on hit, neither." But before him no Spooner had worn felon

stripes, though many had been felons. That he had done so branded him

with disgrace, and until he should remove that stigma by punishing the

witness upon whose sworn word his conviction had been based, he must

face the scorn of the battle-scarred members of the man-pack that still

ranged free. So, as Newt Spooner turned his face homeward between sunny

pasture lands and soft woodlands and golden grain fields and set his

feet into the Lexington turnpike, young Henry Falkins became a man

marked down for death.

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