But down below there the screams were sounding. A brother miner came

running by. Drylyn realized that he ought to be running too, of course,

and so he ran. All the men were running from their various scattered

claims, and Salvation Gap grew noisy and full of people at once. There

was the sheriff also, come up last evening on the track of some

stage-robbers, and quite opportune for this, he thought. He liked things

to be done legally. The turmoil of execration and fierce curiosity

thrashed about for the right man to pitch on for this crime. The

murdered woman had been so good company, so hearty a wit, such a robust

songstress, so tireless a dancer, so thoroughly everybody's friend, that

it was inconceivable to the mind of Salvation Gap that anybody there had

done it. The women were crying and wringing their hands--the Gazelle had

been good to them too; the men were talking and cursing, all but Drylyn

there among them, serious and strange-looking; so silent that the

sheriff eyed him once or twice, though he knew nothing of the miner's

infatuation. And then some woman shrieked out the name of Drylyn, and

the crowd had him gripped in a second, to let him go the next, laughing

at the preposterous idea. Saying nothing? Of course he didn't feel like

talking. To be sure he looked dazed. It was hard luck on him. They told

the sheriff about him and the Gazelle. They explained that Drylyn was

"sort of loony, anyway," and the sheriff said, "Oh!" and began to wonder

and surmise in this half-minute they had been now gathered, when

suddenly the inevitable boot-prints behind the tent down the hill were

found. The shout of discovery startled Drylyn as genuinely as if he had

never known, and he joined the wild rush of people to the hill. Nor was

this acting. The violence he had set going, and in which he swam like a

straw, made him forget, or for the moment drift away from, his arranged

thoughts, and the tracks on the hill had gone clean out of his head. He

was become a mere blank spectator in the storm, incapable of

calculation. His own handiwork had stunned him, for he had not foreseen

that consequences were going to rise and burst like this. The next thing

he knew he was in a pursuit, with pine-trees passing, and the hurrying

sheriff remarking to the band that he proposed to maintain order. Drylyn

heard his neighbor, a true Californian, whose words were lightest when

his purpose was most serious, telling the sheriff that order was

certainly Heaven's first law, and an elegant thing anywhere. But the

anxious officer made no retort in kind, and only said that

irregularities were damaging to the county's good name, and would keep

settlers from moving in. So the neighbor turned to Drylyn and asked him

when he was intending to wake up, as sleep-walking was considered to be

unhealthy. Drylyn gave a queer, almost wistful, smile, and so they went

along; the chatty neighbor spoke low to another man, and said he had

never sized up the true state of Drylyn's feeling for the Gazelle, and

that the sheriff might persuade some people to keep regular, when they

found the man they were hunting, but he doubted if the sheriff would be

persuading enough for Drylyn. They came out on a road, and the

sleep-walker recognized a rock and knew how far they had gone, and that

this was the stage-road between Folsom and Surprise Springs. They

followed the road, and round a bend came on the man. He had been taking

it easily, being in no hurry. He had come to this point by the stage the

night before, and now he was waiting for its return to take him back to

Folsom. He had been lunching, and was seated on a stone by a small

creek. He looked up and saw them, and their gait, and ominous

compactness. What he did was not the thing for him to do. He leaped into

cover and drew his revolver. This attempt at defence and escape was

really for the sake of the gold-dust he had in his pocket. But when he

recognized the sheriff's voice, telling him it would go better with him

if he did not try to kill any more people, he was greatly relieved that

it was not highwaymen after him and his little gold, and he put up his

pistol and waited for them, smiling, secure in his identity; and when

they drew nearer he asked them how many people he had killed already.

They came up and caught him and found the gold in a moment, ripping it

from his pocket; and the yell they gave at that stopped his smiling

entirely. When he found himself in irons and hurried along, he began to

explain that there was some mistake, and was told by the chatty neighbor

that maybe killing a woman was always a mistake, certainly one this

time. As they walked him among them they gave small notice to his

growing fright and bewilderment, but when he appealed to the sheriff on

the score of old acquaintanceship, and pitifully begged to know what

they supposed he had done, the miners laughed curiously. That brought

his entreating back to them, and he assured them, looking in their

faces, that he truly did need to be told why they wanted him. So they

held up the gold and asked him whose that had been, and he made a

wretched hesitation in answering. If anything was needed to clinch their

certainty, that did. They could not know that the young successful lover

had recognized Drylyn's strange face, and did not want to tell the truth

before him, and hence was telling an unskilful lie instead. A rattle of

wheels sounded among the pines ahead, and the stage came up and stopped.

Only the driver and a friend were on it, and both of them knew the

shot-gun messenger and the sheriff, and they asked in some astonishment

what the trouble was. It had been stage-robbers the sheriff had started

after, the driver thought. And--as he commented in friendly tones--to

turn up with Wells and Fargo's messenger was the neatest practical joke

that had occurred in the county for some time. The always serious and

anxious sheriff told the driver the accusation, and it was a genuine cry

of horror that the young lover gave at hearing the truth at last, and at

feeling the ghastly chain of probability that had wound itself about

him.

The sheriff wondered if there were a true ring in the man's voice. It

certainly sounded so. He was talking with rapid agony, and it was the

whole true story that was coming out now. But the chatty neighbor nudged

another neighbor at the new explanation about the gold-dust. That there

was no great quantity of it, after all, weighed little against this

double accounting for one simple fact; moreover, the new version did not

do the messenger credit in the estimation of the miners, but gave them a

still worse opinion of him. It is scarcely fair to disbelieve what a man

says he did, and at the same time despise him for having done it.

Miners, however, are rational rather than logical; while the listening

sheriff grew more determined there should be a proper trial, the

deputation from the Gap made up its mind more inexorably the other way.

It had even been in the miners' heads to finish the business here on the

Folsom road, and get home for supper; pine-trees were handy, and there

was rope in the stage. They were not much moved by the sheriff's plea

that something further might have turned up at the Gap; but at the

driver's more forcible suggestion that the Gap would feel disappointed

at being left out, they consented to take the man back there. Drylyn

never offered any opinion, or spoke at all. It was not necessary that he

should, and they forgot about him. It was time to be getting along, they

said. What was the good in standing in the road here? They nodded

good-day to the stage-driver, and took themselves and the prisoner into

the pines. Once the sheriff had looked at the driver and his friend

perched on the halted stage, but he immediately saw too much risk in his

half-formed notion of an alliance with them to gallop off with the

prisoner; his part must come later, if at all.

But the driver had perfectly understood the sheriff's glance, and

he was on the sheriff's side, though he showed no sign. As he drove

along he began thinking about the way the prisoner had cried out just

now, and the inconsiderable value of the dust, and it became clear in

his mind that this was a matter for a court and twelve quiet men. The

friend beside him was also intent upon his own thoughts, and neither

said a word to the other upon the lonely road. The horses soon knew

that they were not being driven any more, and they slackened their

pace, and finding no reproof came for this, they fell to a comfortable

walk. Presently several had snatched a branch in passing, and it waved

from their mouths as they nibbled. After that they gave up all

pretence at being stage-horses, and the driver noticed them. From

habit he whipped them up into shape and gait, and the next moment

pulled them in short, at the thought that had come to him. The

prisoner must be got away from the Gap. The sheriff was too

single-handed among such a crowd as that, and the driver put a

question to his friend. It could be managed by taking a slight liberty

with other people's horses; but Wells and Fargo would not find fault

with this when the case was one of their own servants, hitherto so

well thought of. The stage, being empty and light, could spare two

horses and go on, while those two horses, handled with discretion and

timeliness, might be very useful at the Gap. The driver had best not

depart from rule so far as to leave his post and duty; one man would

be enough. The friend thought well of this plan, and they climbed down

into the road from opposite sides and took out the wheelers. To be

sure these animals were heavy, and not of the best sort for escaping

on, but better than walking; and timeliness and discretion can do a

great deal. So in a little while the driver and his stage were gone

on their way, the friend with the two horses had disappeared in the

wood, and the road was altogether lonely.

[Illustration: THE SHOT-GUN MESSENGER]

The sheriff's brain was hard at work, and he made no protest now as he

walked along, passive in the company of the miners and their prisoner.

The prisoner had said all that he had to say, and his man's firmness,

which the first shock and amazement had wrenched from him, had come to

his help again, bringing a certain shame at having let his reserve and

bearing fall to pieces, and at having made himself a show; so he spoke

no more than his grim captors did, as they took him swiftly through the

wood. The sheriff was glad it was some miles they had to go; for though

they went very fast, the distance and the time, and even the becoming

tired in body, might incline their minds to more deliberation. He could

think yet of nothing new to urge. He had seen and heard only the same

things that all had, and his present hopes lay upon the Gap and what

more might have come to light there since his departure. He looked at

Drylyn, but the miner's serious and massive face gave him no suggestion;

and the sheriff's reason again destroyed the germ of suspicion that

something plainly against reason had several times put in his thoughts.

Yet it stuck with him that they had hold of the wrong man.

When they reached the Gap, and he found the people there as he had left

them, and things the same way, with nothing new turned up to help his

theory, the sheriff once more looked round; but Drylyn was not in the

crowd. He had gone, they told him, to look at _her_; he had set a heap

of store by her, they repeated.

"A heap of store," said the sheriff, thinking. "Where is she now?"

"On her bed," said a woman, "same as ever, only we've fixed her up

some."

"Then I'll take a look at her--and him. You boys won't do anything till

I come back, will you?"

"Why, if ye're so anxious to see us do it, sheriff," said the chatty

neighbor, "I guess we can wait that long fer ye."

The officer walked to the tent. Drylyn was standing over the body, quiet

and dumb. He was safe for the present, the sheriff knew, and so he left

him without speaking and returned to the prisoner and his guard in front

of the dance-hall. He found them duly waiting; the only change was that

they had a rope there.

"Once upon a time," said the sheriff, "there was a man in Arkansaw that

had no judgment."

"They raise 'em that way in Arkansaw," said the chatty neighbor, as the

company made a circle to hear the story--a tight, cautious circle--with

the prisoner and the officer beside him standing in the centre.

"The man's wife had good judgment," continued the narrator, "but she

went and died on him."

"Well, I guess that _was_ good judgment," said the neighbor.

"So the man, he had to run the farm alone. Now they raised poultry,

which his wife had always attended to. And he knew she had a habit of

setting hens on duck eggs. He had never inquired her reasons, being

shiftless, but that fact he knew. Well, come to investigate the

hen-house, there was duck eggs, and hens on 'em, and also a heap of

hens' eggs, but no more hens wishing to set. So the man, having no

judgment, persuaded a duck to stay with those eggs. Now it's her I'm

chiefly interested in. She was a good enough duck, but hasty. When the

eggs hatched out, she didn't stop to notice, but up and takes them down

to the pond, and gets mad with them, and shoves them in, and they

drowns. Next day or two a lot of the young ducks, they hatched out and

come down with the hen and got in the water all right, and the duck

figured out she'd made some mistake, and she felt distressed. But the

chickens were in heaven."

The sheriff studied his audience, and saw that he had lulled their rage

a little. "Now," said he, "ain't you boys just a trifle like that duck?

I don't know as I can say much to you more than what I have said, and I

don't know as I can do anything, fixed as I am. This thing looks bad for

him we've got here. Why, I can see that as well as you. But, boys! it's

an awful thing to kill an innocent man! I saw that done once, and--God

forgive me!--I was one of them. I'll tell you how that was. He looked

enough like the man we wanted. We were certainly on the right trail. We

came on a cabin we'd never known of before, pretty far up in the

hills--a strange cabin, you see. That seemed just right; just where a

man would hide. We were mad at the crime committed, and took no thought.

We knew we had caught him--that's the way we felt. So we got our guns

ready, and crept up close through the trees, and surrounded that cabin.

We called him to come out, and he came with a book in his hands he'd

been reading. He did look like the man, and boys!--we gave him no time!

He never knew why we fired. He was a harmless old prospector who had got

tired of poor luck and knocking around, and over his door he had painted

some words: 'Where the wicked cease from troubling.' He had figured

that up there by that mountain stream the world would let him alone. And

ever since then I have thought my life belonged to him first, and me

second. Now this afternoon I'm alone here. You know I can't do much. And

I'm going to ask you to help me respect the law. I don't say that in

this big country there may not be places, and there may not be times,

when the law is too young or else too rotten to take care of itself, and

when the American citizen must go back to bed-rock principles. But is

that so in our valley? Why, if this prisoner is guilty, you can't name

me one man of your acquaintance who would want him to live. And that

being so, don't we owe him the chance to clear himself if he can? I can

see that prospector now at his door, old, harmless, coming fearless at

our call, because he had no guilt upon his conscience--and we shot him

down without a word. Boys! he has the call on me now; and if you

insist--"

The sheriff paused, satisfied with what he saw on the faces around him.

Some of the men knew the story of the prospector--it had been in the

papers--but of his part in it they had not known. They understood quite

well the sacrifice he stood ready to make now in defending the prisoner.

The favorable silence was broken by the sound of horses. Timeliness and

discretion were coming up the hill. Drylyn at the same moment came out

of the dead woman's tent, and, looking down, realized the intended

rescue. With his mind waked suddenly from its dull dream and opened with

a human impulse, he ran to help; but the sheriff saw him, and thought he

was trying to escape.

"That's the man!" he shouted savagely to the ring.

Some of the Gap ran to the edge of the hill, and, seeing the hurrying

Drylyn and the horses below, also realized the rescue. Putting the wrong

two and two together, they instantly saw in all this a well-devised

scheme of delay and collusion. They came back, running through the

dance-hall to the front, and the sheriff was pinioned from behind,

thrown down, and held.

"So ye were alone, were ye?" said the chatty neighbor. "Well, ye made a

good talk. Keep quiet--we don't want to hurt ye."

At this supposed perfidy the Gap's rage was at white-heat again; the men

massed together, and fierce and quick as lightning the messenger's fate

was wrought. The work of adjusting the rope and noose was complete and

death going on in the air when Drylyn, meaning to look the ground over

for the rescue, came cautiously back up the hill and saw the body, black

against the clear sunset sky. At his outcry they made ready for him, and

when he blindly rushed among them they held him, and paid no attention

to his ravings. Then, when the rope had finished its work, they let him

go, and the sheriff too. The driver's friend had left his horses among

the pines, and had come up to see what was going on at the Gap. He now

joined the crowd.

"You meant well," the sheriff said to him. "I wish you would tell the

boys how you come to be here. They're thinking I lied to them."

"Maybe I can change their minds." It was Drylyn's deep voice. "I am the

man you were hunting," he said.

[Illustration: "'I'D LIKE TO HAVE IT OVER'"]

They looked at him seriously, as one looks at a friend whom an illness

has seized. The storm of feeling had spent itself, the mood of the Gap

was relaxed and torpid, and the serenity of coming dusk began to fill

the mountain air.

"You boys think I'm touched in the head," said Drylyn, and paused. "This

knife done it," said he. "This one I'm showing you."

They looked at the knife in his hand.

"He come between me and her," Drylyn pursued. "I was aiming to give him

his punishment myself. That would have been square." He turned the knife

over in his hand, and, glancing up from it, caught the look in their

eyes. "You don't believe me!" he exclaimed, savagely. "Well, I'm going

to make you. Sheriff, I'll bring you some evidence."

He walked to the creek, and they stood idle and dull till he returned.

Then they fell back from him and his evidence, leaving him standing

beneath the dead man.

"Does them look like being touched in the head?" inquired Drylyn, and he

threw down the overalls, which fell with a damp slap on the ground. "I

don't seem to mind telling you," he said. "I feel as quiet--as quiet as

them tall pines the sun's just quittin' for the night." He looked at the

men expectantly, but none of them stirred. "I'd like to have it over,"

said he.

Still no one moved.

"I have a right to ask it shall be quick," he repeated. "You were quick

enough with him." And Drylyn lifted his hand towards the messenger.

They followed his gesture, staring up at the wrong man, then down at the

right one. The chatty neighbor shook his head. "Seems curious," he

said, slowly. "It ought to be done. But I couldn't no more do it--gosh!

how _can_ a man fire his gun right after it's been discharged?"

The heavy Drylyn looked at his comrades of the Gap. "You won't?" he

said.

"You better quit us," suggested the neighbor. "Go somewheres else."

Drylyn's eyes ran painfully over ditch and diggings, the near cabins and

the distant hills, then returned to the messenger. "Him and me," he

muttered. "It ain't square. Him and me--" Suddenly he broke out, "I

don't choose him to think I was that kind of man!"

Before they could catch him he fell, and the wet knife slid from his

fingers. "Sheriff," he began, but his tone changed. "I'm overtakin'

him!" he said. "He's going to know now. Lay me alongside--"

And so they did.

THE SECOND MISSOURI COMPROMISE

I

The Legislature had sat up all night, much absorbed, having taken off

its coat because of the stove. This was the fortieth and final day of

its first session under an order of things not new only, but novel. It

sat with the retrospect of forty days' duty done, and the prospect of

forty days' consequent pay to come. Sleepy it was not, but wide and

wider awake over a progressing crisis. Hungry it had been until after a

breakfast fetched to it from the Overland at seven, three hours ago. It

had taken no intermission to wash its face, nor was there just now any

apparatus for this, as the tin pitcher commonly used stood not in the

basin in the corner, but on the floor by the Governor's chair; so the

eyes of the Legislature, though earnest, were dilapidated. Last night

the pressure of public business had seemed over, and no turning back the

hands of the clock likely to be necessary. Besides Governor Ballard, Mr.

Hewley, Secretary and Treasurer, was sitting up too, small, iron-gray,

in feature and bearing every inch the capable, dignified official, but

his necktie had slipped off during the night. The bearded Councillors

had the best of it, seeming after their vigil less stale in the face

than the member from Silver City, for instance, whose day-old black

growth blurred his dingy chin, or the member from Big Camas, whose

scantier red crop bristled on his cheeks in sparse wandering

arrangements, like spikes on the barrel of a musical box. For comfort,

most of the pistols were on the table with the Statutes of the United

States. Secretary and Treasurer Hewley's lay on his strong-box

immediately behind him. The Governor's was a light one, and always hung

in the arm hole of his waistcoat. The graveyard of Boise City this year

had twenty-seven tenants, two brought there by meningitis, and

twenty-five by difference of opinion. Many denizens of the Territory

were miners, and the unsettling element of gold-dust hung in the air,

breeding argument. The early, thin, bright morning steadily mellowed

against the windows distant from the stove; the panes melted clear until

they ran, steamed faintly, and dried, this fresh May day, after the

night's untimely cold; while still the Legislature sat in its

shirt-sleeves, and several statesmen had removed their boots. Even had

appearances counted, the session was invisible from the street. Unlike a

good number of houses in the town, the State-House (as they called it

from old habit) was not all on the ground-floor for outsiders to stare

into, but up a flight of wood steps to a wood gallery. From this, to be

sure, the interior could be watched from several windows on both sides;

but the journey up the steps was precisely enough to disincline the

idle, and this was counted a sensible thing by the law-makers. They took

the ground that shaping any government for a raw wilderness community

needed seclusion, and they set a high value upon unworried privacy.

The sun had set upon a concentrated Council, but it rose upon faces that

looked momentous. Only the Governor's and Treasurer's were impassive,

and they concealed something even graver than the matter in hand.

"I'll take a hun'red mo', Gove'nuh," said the member from Silver City,

softly, his eyes on space. His name was Powhattan Wingo.

The Governor counted out the blue, white, and red chips to Wingo,

pencilled some figures on a thickly ciphered and cancelled paper that

bore in print the words "Territory of Idaho, Council Chamber," and then

filled up his glass from the tin pitcher, adding a little sugar.

"And I'll trouble you fo' the toddy," Wingo added, always softly, and

his eyes always on space. "Raise you ten, suh." This was to the

Treasurer. Only the two were playing at present. The Governor was kindly

acting as bank; the others were looking on.

"And ten," said the Treasurer.

"And ten," said Wingo.

"And twenty," said the Treasurer.

"And fifty," said Wingo, gently bestowing his chips in the middle of the

table.

The Treasurer called.

The member from Silver City showed down five high hearts, and a light

rustle went over the Legislature when the Treasurer displayed three twos

and a pair of threes, and gathered in his harvest. He had drawn two

cards, Wingo one; and losing to the lowest hand that could have beaten

you is under such circumstances truly hard luck. Moreover, it was almost

the only sort of luck that had attended Wingo since about half after

three that morning. Seven hours of cards just a little lower than your

neighbor's is searching to the nerves.

"Gove'nuh, I'll take a hun'red mo'," said Wingo; and once again the

Legislature rustled lightly, and the new deal began.

Treasurer Hewley's winnings flanked his right, a pillared fortress on

the table, built chiefly of Wingo's misfortunes. Hewley had not counted

them, and his architecture was for neatness and not ostentation; yet the

Legislature watched him arrange his gains with sullen eyes. It would

have pleased him now to lose; it would have more than pleased him to be

able to go to bed quite a long time ago. But winners cannot easily go to

bed. The thoughtful Treasurer bet his money and deplored this luck. It

seemed likely to trap himself and the Governor in a predicament they had

not foreseen. All had taken a hand at first, and played for several

hours, until Fortune's wheel ran into a rut deeper than usual. Wingo

slowly became the loser to several, then Hewley had forged ahead, winner

from everybody. One by one they had dropped out, each meaning to go

home, and all lingering to see the luck turn. It was an extraordinary

run, a rare specimen, a breaker of records, something to refer to in the

future as a standard of measure and an embellishment of reminiscence;

quite enough to keep the Idaho Legislature up all night. And then it was

their friend who was losing. The only speaking in the room was the brief

card talk of the two players.

"Five better," said Hewley, winner again four times in the last five.

"Ten," said Wingo.

"And twenty," said the Secretary and Treasurer.

"Call you."

"Three kings."

"They are good, suh. Gove'nuh, I'll take a hun'red mo'."

Upon this the wealthy and weary Treasurer made a try for liberty and

bed. How would it do, he suggested, to have a round of jack-pots, say

ten--or twenty, if the member from Silver City preferred--and then stop?

It would do excellently, the member said, so softly that the Governor

looked at him. But Wingo's large countenance remained inexpressive, his

black eyes still impersonally fixed on space. He sat thus till his chips

were counted to him, and then the eyes moved to watch the cards fall.

The Governor hoped he might win now, under the jack-pot system. At noon

he should have a disclosure to make; something that would need the most

cheerful and contented feelings in Wingo and the Legislature to be

received with any sort of calm. Wingo was behind the game to the tune

of--the Governor gave up adding as he ran his eye over the figures of

the bank's erased and tormented record, and he shook his head to

himself. This was inadvertent.

"May I inquah who yo're shakin' yoh head at, suh?" said Wingo, wheeling

upon the surprised Governor.

"Certainly," answered that official. "You." He was never surprised for

very long. In 1867 it did not do to remain surprised in Idaho.

"And have I done anything which meets yoh disapprobation?" pursued the

member from Silver City, enunciating with care.

"You have met my disapprobation."

Wingo's eye was on the Governor, and now his friends drew a little

together, and as a unit sent a glance of suspicion at the lone bank.

"You will gratify me by being explicit, suh," said Wingo to the bank.

"Well, you've emptied the toddy."

"Ha-ha, Gove'nuh! I rose, suh, to yoh little fly. We'll awduh some mo'."

"Time enough when he comes for the breakfast things," said Governor

Ballard, easily.

"As you say, suh. I'll open for five dolluhs." Wingo turned back to his

game. He was winning, and as his luck continued his voice ceased to be

soft, and became a shade truculent. The Governor's ears caught this

change, and he also noted the lurking triumph in the faces of Wingo's

fellow-statesmen. Cheerfulness and content were scarcely reigning yet in

the Council Chamber of Idaho as Ballard sat watching the friendly game.

He was beginning to fear that he must leave the Treasurer alone and take

some precautions outside. But he would have to be separated for some

time from his ally, cut off from giving him any hints. Once the

Treasurer looked at him, and he immediately winked reassuringly, but the

Treasurer failed to respond. Hewley might be able to wink after

everything was over, but he could not find it in his serious heart to do

so now. He was wondering what would happen if this game should last till

noon with the company in its present mood. Noon was the time fixed for

paying the Legislative Assembly the compensation due for its services

during this session; and the Governor and the Treasurer had put their

heads together and arranged a surprise for the Legislative Assembly.

They were not going to pay them.

A knock sounded at the door, and on seeing the waiter from the Overland

enter, the Governor was seized with an idea. Perhaps precaution could

be taken from the inside. "Take this pitcher," said he, "and have it

refilled with the same. Joseph knows my mixture." But Joseph was night

bar-tender, and now long in his happy bed, with a day successor in the

saloon, and this one did not know the mixture. Ballard had foreseen this

when he spoke, and that his writing a note of directions would seem

quite natural.

"The receipt is as long as the drink," said a legislator, watching the

Governor's pencil fly.

Red Men and White · 第 8 / 18 段