CHAPTER VII

_The Outcome of a Council of War_

When early the next morning, Fitz and I arrived at the colonel's office

he was already on hand and in a state of high nervous excitement. His

coat, which, so far as a coat might, always expressed in its various

combinations the condition of his mind, was buttoned close up under

his chin, giving to his slender figure quite a military air. He was

pacing the floor with measured tread; one hand thrust into his bosom,

senator fashion, the other held behind his back.

"Not a line, suh; not the scrape of a pen. If his purpose, suh, is to

ignore me altogether, I shall horsewhip him on sight."

"Have you looked through the firm's mail?" said Fitz, glad of the

respite.

"Eve'ywhere, suh--not a scrap."

"I will hunt him up;" and Fitz hurried down to Klutchem's office in

the hope of either intercepting the challenge or of pacifying the

object of the colonel's wrath, if by any good chance the letter should

have been delayed until the morning.

In ten minutes he returned with the mystifying news that Mr. Klutchem's

letters had been sent to his apartment the night before, and that a

telegram had just been received notifying his clerks that he would not

be down that day.

"Escaped, suh, has he? Run like a dog! Like a yaller dog as he is!

Where has he gone?"

"After a policeman, I guess," said Fitz.

The colonel stopped, and an expression of profound contempt overspread

his face.

"If the gentleman has fallen so low, suh, that he proposes to go about

with a constable taggin' after his heels, you can tell him, suh, that

he is safe even from my boot."

Then he shut the door of the private office in undisguised disgust,

leaving Fitz and me on the outside.

"What are we going to do, Major?" said Fitz, now really anxious. "I

am positive that old Klutchem has either left town or is at this moment

at police headquarters. If so, the dear old fellow will be locked up

before sundown. Klutchem got that letter last night."

It was at once decided to head off the broker, Fitz keeping an eye on

his office every half hour in the hope that he might turn up, and I

completing the arrangements for the colonel's bail so as to forestall

the possibility of his remaining in custody overnight.

Fitz spent the day in efforts to lay hands on Klutchem in order to

prevent the law performing the same service for the colonel. My own

arrangements were more easily completed, a friend properly possessed

of sufficient real estate to make good his bond being in readiness for

any emergency. One o'clock came, then three, then five; the colonelall

the time keeping to the seclusion of his private office, Fitz

watching for Klutchem, and I waiting in the larger office for the

arrival of one of those clean-shaven, thick-set young men, in a Derby

hat and sack-coat, the unexpected pair of handcuffs in his outside

pocket.

The morning of the second day the situation remained still unchanged;

Fitz had been unable to find Klutchem either at his office or at his

lodgings, the colonel was still without any reply from his antagonist,

and no young man answering to my fears had put in any appearance

whatever.

The only new features were a telegram from Tom Yancey to the effect

that he and Judge Kerfoot would arrive about noon, and another from

the judge himself begging a postponement until they could reach the

field.

Fitz read both dispatches in a corner by himself, with a face expressive

of the effect these combined troubles were making upon his otherwise

happy countenance. He then crumpled them up in his hand and slid them

into his pocket.

Up to this time not a soul in the office except the colonel, Fitz, and

I had the faintest hint of the impending tragedy, it being one of the

colonel's maxims that all affairs of honor demanded absolute silence.

"If yo' enemy falls," he would say, "it is mo' co'teous to say nothin'

but good of the dead; and when you cannot say that, better keep still.

If he is alive let him do the talkin'--he will soon kill himself."

Fitz kept still because he felt sure if he could get hold of Klutchem

the whole affair--either outcome powder or law--could be prevented.

"Just as I had got the syndicate to look into the coal land," said

Fitz, "which is the only thing the colonel's got worth talking about,

here he goes and gets into a first-class cast-iron scrape like this.

What a lovely old idiot he is! But I tell you, Major, something has

got to be done about this shooting business right away! Here I have

arranged for a meeting at the colonel's house on Saturday to discuss

this new coal development, and the syndicate's agent is coming, and

yet we can't for the life of us tell whether the colonel will be on

his way home in a pine box or locked up here for trying to murder that

old windbag. It's horrible!

"And to cap the climax,"--and he pulled out the crumpled

telegrams,--"here come a gang of fire-eaters who will make it twice

as difficult for me to settle anything. I wish I could find Klutchem!"

While he spoke the office door opened, ushering in a stout man with

a red face, accompanied by an elderly white-haired gentleman, in a

butternut suit. The red-faced man was carrying a carpet bag--not the

Northern variety of wagon-curtain canvas, but the old-fashioned carpet

kind with leather handles and a mouth like a catfish. The snuff-colored

gentleman's only charge was a heavy hickory cane and an umbrella with

a waist like a market-woman's.

The red-faced man took off a wide straw hat and uncovered a head

slightly bald and reeking with perspiration.

"I'm lookin' fur Colonel Caarter, suh. Is he in?"

Fitz pointed to the door of the private office, and the elderly man

drew his cane and rapped twice. The colonel must have recognized the

signal as familiar, for the door opened with a spring, and the next

moment he had them both by the hands.

"Why, Jedge, this is indeed an honor--and Tom! Of co'se I knew you

would come, Tom; but the Jedge I did not expec' until I got yo'

telegram. Give me yo' bag, and put yo' umbrella in the corner.

"Here Fitz, Major; both of you come in here at once.

"Jedge Kerfoot, gentlemen, of the district co'te of Fairfax County.

Major Tom Yancey, of the army."

The civilities over, extra chairs were brought in, the door again

closed, and a council of war was held.

Major Yancey's first word--but I must describe Yancey. Imagine a short,

oily skinned, perpetually perspiring sort of man of forty, with a

decollete collar, a double-breasted waistcoat with glass buttons, and

skin-tight light trousers held down to a pair of high-heeled boots by

leather straps. The space between his waistband and his waistcoat was

made good by certain puckerings of his shirt anxious to escape the

thralldom of his suspenders. His paunch began and ended so suddenly

that he constantly reminded you of a man who had swallowed a toy

balloon.

Yancey's first word was an anxious inquiry as to whether he was late,

adding, "I came ez soon ez I could settle some business mattahs." He

had borrowed his traveling expenses from Kerfoot, who in turn had

borrowed them from Miss Nancy, keeping the impending duel carefully

concealed from that dear lady, and reading only such part of the

colonel's letter as referred to the drawing up of some important papers

in which he was to figure as chief executor.

"Late? No, Tom," said the colonel; "but the scoundrel has run to cover.

We are watchin' his hole."

"You sholy don't tell me he's got away, Colonel?" replied Major Yanccy.

"What could I do, Yancey? He hasn't had the decency to answer my

letter."

Yancey, however, on hearing more fully the facts, clung to the hope

that the Yankee would yet be smoked out.

"I of co'se am not familiar with the code as practiced Nawth--perhaps

these delays are permis'ble; but in my county a challenge is a ball,

and a man is killed or wounded ez soon ez the ink is dry on the papah.

The time he has to live is only a mattah of muddy roads or convenience

of seconds. Is there no way in which this can be fixed? I doan't like

to return home without an effo't bein' made."

The colonel, anxious to place the exact situation before Major Yancey

so that he might go back fully assured that everything that a Carter

could do had been done, read the copy of the challenge, gave the details

of Fitz's efforts to find Klutchem, the repeated visits to his office,

and finally the call at his apartments.

The major listened attentively, consulted aside with the judge, and

then in an authoritative tone, made the more impressive by the decided

way with which he hitched up his trousers, said:--

"You have done all that a high-toned Southern gemman could do, Colonel.

Yo' honor, suh, is without a stain."

In which opinion he was sustained by Kerfoot, who proved to be a

ponderous sort of old-fashioned county judge, and who accentuated his

decision by bringing down his cane with a bang.

While all this was going on in the private office under cover of

profound secrecy, another sort of consultation of a much more public

character was being held in the office outside.

A very bright young man--one of the clerks--held in his hand a large

envelope, bearing on one end the printed address of the firm whose

private office the colonel was at that moment occupying as a council

chamber. It was addressed in the colonel's well-known round hand. This

was not the fact, however, which excited interest; for the colonel

never used any other envelopes than those of the firm.

The postman, who had just taken it from his bag, wanted to deliver it

at its destination. The proprietor wanted to throw it back into the

box for remailing, believing it to be a Garden Spot circular, and so

of no especial importance. The bright young man wanted to return it

to the colonel.

The bright young man prevailed, rapped at the door, and laid the letter

under the colonel's nose. It bore this address:--

P. A. KLUTCHEM, ESQ.,

Room 21, Star Building, Wall Street,

_Immediate._ New York.

The colonel turned pale and broke the seal. Out dropped his challenge!

"Where did you get this?" he asked, aghast.

"From the carrier. It was held for postage."

Had a bombshell been exploded the effect could not have been more

startling.

Yancey was the first man on his feet.

"And the scoundrel never got it! Here, Colonel, give me the letter.

I'll go through this town like a fine-tooth comb but what I'll find

him. He will never escape me. My name is Yancey, suh!"

The judge was more conservative. He had grave doubts as to whether a

second challenge, after a delay of two days and two nights, could be

sent at all. The traditions of the Carter family were a word and a

blow, not a blow and a word in two days. To intrust the letter to the

United States mail was a grave mistake; the colonel might have known

that it would miscarry.

Fitz said grimly that letters always did, without stamps. The Government

was running the post-office on a business basis, not for its health.

Yancey looked at Fitz as if the interruption wearied him, then, turning

to the colonel, said that he was dumbfounded that a man who had been

raised as Colonel Carter could have violated so plain a rule of the

code. A challenge should always be delivered by the hand of the

challenger's friend. It should never be mailed.

The poor colonel, who since the discovery of the unstamped letter had

sat in a heap buried in his coat collar,--the military button having

given way,--now gave his version of the miscarriage.

He began by saying that when his friend Major Yancey became conversant

with all the facts he would be more lenient with him. He had, he said,

found the proprietor's drawer locked, and, not having a stamp about

him, had dropped the document into the mail-box with the firm's letters,

presuming that the clerks would affix the tax the Government imposed.

That the document had reached the post-office was evidenced by the

date-stamp on the envelope. It seemed to him a picayune piece of

business on the part of the authorities to detain it, and all for the

paltry sum of two cents.

Major Yancey conferred with the judge for a moment, and then said that

the colonel's explanation had relieved him of all responsibility. He

owed him a humble apology, and he shook his hand. Colonel Carter had

done all that a high-bred gentleman could do. The letter was intrusted

to the care of Mr. Klutchem's own government, the post-office as now

conducted being peculiarly a Yankee institution.

"If Mr. Klutchem's own government, gemmen,"--and he repeated it with

a rising voice,--"if Mr. Klutchem's own government does not trust him

enough to deliver to him a letter in advance of a payment of two cents,

such action, while highly discreditable to Mr. Klutchem, certainly

does not relieve that gemman from the responsibility of answerin'

Colonel Caarter."

The colonel said the point was well taken, and the judge sustained him.

Yancey looked around with the air of a country lawyer who had tripped

up a witness, decorated a corner of the carpet, and continued:--

"My idee, suh, now that I am on the ground, is for me to wait upon the

gemman at once, hand him the orig'nal challenge, and demand an immediate

answer. That is," turning to Fitz, "unless he is in hidin'."

Fitz replied that it was pretty clear to him that a man could not hide

from a challenge he had never received. It was quite evident that

Klutchem was detained somewhere.

The colonel coincided, and said in justice to his antagonist that he

would have to acquit him of this charge. He did not now believe that

Mr. Klutchem had run away.

Fitz, who up to this time had enjoyed every turn in the discussion,

and who had listened to Yancey with a face like a stone god, his knees

shaking with laughter, now threw another bombshell almost as disastrous

as the first.

"Besides, gentlemen, I don't think Mr. Klutchem's remarks were

insulting."

The colonel's head rose out of his collar with a jerk, and the forelegs

of Yancey's chair struck the floor with a thump. Both sprang to their

feet. The judge and I remained quiet. "Not insultin', suh, to call a

gemman a--a--Colonel, what did the scoundrel call you?"

"It was mo' his manner," replied the colonel. "He was familiar, suh,

and presumin' and offensive."

Yancey broke away again, but Fitz sidetracked him with a gesture, and

asked the colonel to repeat Klutchem's exact words.

The colonel gazed at the ceiling a moment, and replied:--

"Mr. Klutchem said that, outside of peanuts and sweet potatoes, all

my road would git for freight would be niggers and razor-back hogs."

"Mr. Klutchem was right, Colonel," said Fitz. "Very sensible man. They

will form a very large part of our freight. Anything offensive in that

remark of Klutchem's, Major Yancey?"

The major conferred with the judge, and said reluctantly that there

was not.

"Go on, Colonel," continued Fitz.

"Then, suh, he said he wouldn't trade a yaller dog for enough of our

bonds to papah a meetin'-house."

"Did he call you a yaller dog?" said Yancey searchingly, and

straightening himself up.

"No."

"Call anybody connected with you a yaller dog?"

"Can't say that he did."

"Call yo' railroad a yaller dog?"

"No, don't think so," said the colonel, now thoroughly confused and

adrift.

Yancey consulted with the judge a moment in one corner, and then said

gravely:--

"Unless some mo' direct insult is stated, Colonel, we must agree with

yo' friend Mr. Fitzpatrick, and consider yo' action hasty. Now, if you

had pressed the gemman, and he had called _you_ a yaller dog or a liar,

somethin' might be done. Why didn't you press him?"

"I did, suh. I told him his statements were false and his manners

vulgar."

"And he did not talk back?"

"No, suh; on'y laughed."

"Sneeringly, and in a way that sounded like 'Yo' 're another'?"

The colonel could not remember that it was.

Yancey ruminated, and Fitz now took a hand.

"On the contrary, Major Yancey, Mr. Klutchem's laugh was a very jolly

laugh; and, under the circumstances, a laugh very creditable to his

good nature. You are young and impetuous, but I know my learned friend,

Judge Kerfoot, will agree with me"--here Yancey patted his toy balloon

complacently, and the judge leaned forward with rapt attention--"when

I say that if any apologies are in order they should not come from Mr.

Klutchem."

It was delicious to note how easily Fitz fell into the oratorical

method of his hearers.

"Here is a man immersed in stocks, and totally ignorant of the boundless

resources of your State, who limits the freight of our road to four

staples,--peanuts, hogs, sweet potatoes, and niggers. As a further

exhibition of his ignorance he estimates the value of a large block

of our securities as far below the price set upon a light, tan-colored

canine, a very inexpensive animal; or, as he puts it, and perhaps too

coarsely,--a yellow dog. For the expression of these financial opinions

in an open office during business hours he is set upon, threatened

with expulsion, and finally challenged to a mortal duel. I ask you,

as chivalric Virginians, is this right?"

Yancey was about to answer, when the judge raised his hand impressively.

"The co'te, not being familiar with the practice of this section, can

on'y decide the question in acco'dance with the practice of his own

county. The language used is not objectionable, either under the law

or by the code. The prisoner, Klutchem, is discharged with a reprimand,

and the plaintiff, Caarter, leaves the co'te room without a stain on

his cha'acter. The co'te will now take a recess."

Fitz listened with great gravity to the decision of the learned judge,

bowed to him with the pleased deference of the winning attorney, grasped

the colonel's hand, and congratulated him warmly on his acquittal.

[Illustration]

Then, locking his arm through Yancey's, he conducted that pugnacious

but parched Virginian, together with the overworked judge, out into

the street, down a flight of stone steps, and into an underground

apartment; from which they emerged later with that satisfied, cheerful

air peculiar to a group of men who have slaked their thirst.

The colonel and I remained behind. He was in no mood for such frivolity.

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