MY DAY IN COURT.
He was not unconscious, but dazed and groggy, and the blood was flowing
from a nasty cut perilously close to the left temple. I was on him and
pinning him against the planks before he could recover himself. I picked
up the fallen key, liberated my right hand, then closing his manacle
about his own wrist, I dragged him over to an upright post and passing
the chain about it fastened his other hand. I had learned something
about gagging now, so by the time he had recovered his full senses, he
found himself hitched quite securely to the unplaned pillar, bootless,
trouserless and speechless--but above all else astonished. I took one
mean scrap of vengeance which was unnecessary. I went to the grated
shutters and threw the key to the handcuffs out. Then, donning his
clothes before his eyes, since my own would have proclaimed me a
stranger in these parts, I turned and made my way down the stairs, once
more at liberty. I did not vouchsafe him a word of farewell nor turn my
head to look back, though I heard his feet pounding the floor in a
frenzy of rage and futile struggle. Of course, I had possessed myself of
his pistol as well as his hat, boots and trousers.
If I had needed any disguise beyond these clothes it would have been
provided for me by the ragged growth of beard on my face and the unkempt
hair that had not felt a comb since I left the roof of Cal Marcus. I
smiled to myself as I made my exit by the broken porch and thought what
his reflections at the moment must be. He was doubtless recalling his
own explicit directions for reaching the court-house door. It was now
between nine and ten o'clock. If I hurried there might still be time.
The town which I had seen only once before came into view as soon as I
had reached the high road and made the first turn, but I was terrified
to see in the distance two horsemen jogging along in leisurely approach.
I scrambled across the rail fence and lay close to the earth waiting for
them to pass and grudging the flight of each priceless minute. As they
came nearer I heard a whining voice raised in an attempt at song.
"Right down hyar in Adamson Countee--
Where they have no church of our Lord--"
Carroled one of the horsemen, and I joyously recognized the young man
who, on the night of Mrs. Weighborne's arrival, had slipped out into the
shadow of Cal Marcus' kitchen to reconnoiter.
In another moment I had been given a place behind the mountain boy, and
soon the three of us were ambling through the squalid square of the
county seat. Though groups of men stood everywhere, and eyed each other
suspiciously, no one recognized, in the ragged stubble-faced wreck
astride a doubly loaded horse, the kidnaped witness.
They did not take me to the court-room, but made me dismount at the back
door of Cal Marcus' law office, just a stone's throw away across the
narrow street. Marcus, himself, came to me there in response to a
hurried summons. He listened with no show of expression or emotion and
at the end of my recital gave me brief instructions, and reduced a part
of my evidence to the form of an affidavit.
"Both crowds are out strong," he told me succinctly; "Garvin's gang has
been instructed to start no trouble. Whether that order will stand when
I spring my surprise I don't know. It will certainly be a severe test of
discipline. They feel quite safe about you, and they mustn't suspect
your escape. Watch that window in the court-room and when I appear and
raise my hand to pour a glass of water come into court. Say nothing
except in answer to my questions."
With those instructions he left me and as he crossed the alley-like
space, he passed between thick clusters of mountain men who formed a
practical cordon about him. I had perhaps an hour to spend alone with my
eyes against the narrow slit of the slightly raised sash. I could see
the lounging crowds and recognize the tensity of conditions. There was
an assumption of nonchalance which sat upon these men with the stamp of
spuriousness. Lines of shaggy horses hitched along two sides of the
square told of many long rides. Swift, furtive glances cast backward and
forward indicated the nerve strain and caution of hostile forces
mingling with a show of cordiality; each bent on giving no offense, but
each watchful and tightly keyed for defensive action.
A group of several young men entered the enclosure of the court-house
together, and from their clothes and appearance I recognized them as the
reporters from Louisville and Lexington. With the eye of the outside
world upon him; with every utterance from the bench being recorded by
these scribes against whom he dare not let a hand be lifted, the head of
the murder syndicate must rely absolutely on chicane. He must play the
fox's game and must not, under any provocation, show the wolf's teeth.
So the stage was being set, and I, waiting there in concealment, was to
afford the climax of the play.
After an interminable time the lean, Lincoln-like face of Cal Marcus
appeared at the dusty window of the court-room and I saw him pour a
tumblerful of water from the broken pitcher. At the same instant one of
the waiting clansmen threw open the door to announce, "They're callin'
yer in co'te."
I needed no urging. My cue had come. They closed around me in a square
and escorted me to the court-room door and as I went I heard the voice
of a deputy sing-songing my name. I even imagined that in his tone was
conviction that the summons would meet with no response.
In order to make clear the exact effect of my appearance, I must go back
and summarize briefly, from accounts later given me by Marcus and
Weighborne, the occurrences of that half-hour which preceded my calling
to the witness stand.
Garvin had appeared in his court-room with his usual affability. He had
even paused to shake hands with Weighborne and express regrets for his
unfortunate "accident." His Honor had announced that he would prefer, in
default of objection, passing all criminal cases to the foot of the
docket, first disposing of several matters of probate and minor
importance. To this Marcus had agreed.
When the reporters appeared the judge was surprised, but his wily
composure had betrayed no evidence of chagrin, and he had halted affairs
to chat with the pencil-wielders while his bailiff provided them with a
table and chairs just below the rostrum.
Then had come the call of the cases against the alleged murderers of
Rat-Ankle, and the attorney's prompt motion to swear Garvin off the
bench. In support of his motion, Marcus launched into a dispassionate,
but unsoftened charge that the judge, himself, had been the chief
instigator of the ambuscade. Garvin had listened with growing amusement.
"Whose affidavits have you to file, Mr. Marcus?" he purred with
unruffled composure.
"That of myself--"
"Is that all?"
"Also that of Mr. Deprayne."
"I've done been informed," drawled the Court, "that Mr. Deprayne was
seen leaving for the Virginia line some days back, and that he told
several people he was going home. If I'd known of his plans I'd
certainly have held him as a material witness, but unfortunately it's
too late now."
"Here is his affidavit," responded Marcus. "I submit it to Your Honor in
support of my motion."
Garvin took the paper and read it slowly. It was in general terms and
did not make clear to him that it had been so recently penned. After the
perusal he delivered himself slowly.
"Learned counsel has made some mighty grave charges against this Co'te;
counsel has been led astray by personal feelin'. The Co'te must protect
its own dignity. The Co'te sees no reason to regard this paper as
genuine, unless Mr. Deprayne himself will state that he swore to it. The
Co'te regrets that it can't produce that witness for the learned
counsel. The Co'te wishes only--" here he glanced significantly at the
press table--"to have the full facts brought out."
"Will Your Honor," suggested Marcus, "instruct the sheriff to call Mr.
Deprayne?"
Garvin had looked up with an expression of surprise and then he had
smiled. "Mr. Sheriff," he instructed, "call Mr. Deprayne."
After that there had been a silence. While Garvin went through the
formality of waiting to hear the announcement "the witness does not
answer," he bent over the desk and once more exchanged compliments with
the reporters. These scribes had been sent to expose him and he was
bent on weaving about them the spell of his personality. Then it was
that I entered. From the door where for an instant I halted, I took in
the stained clapboard walls, carved over with crude initials; and the
dingy benches full of men in jeans and hodden gray. I caught my breath
as a dash of color struck my eyes and I recognized back of the gaunt
standing frame of Marcus, the seated figures of Weighborne and the lady
who had been so strangely important in my life. My cheeks flushed and
bracing back my shoulders, I walked down the center aisle, dust-stained,
with four days' growth of beard on my face, and one eye still
discolored. As I came, I was conscious of a murmur of astonishment
rising incredulously from the benches, and of an excited shuffling of
feet.
Called out of his conversation by this sound, Garvin raised his face,
still wreathed in its bland and smiling suavity--and our eyes met. For
an instant I think he did not recognize me. I must have been a rather
ludicrous and unprepossessing figure of a man, and possibly it was the
very obvious scars of battle on my disfigured countenance that first
told him my identity. At all events, the change that for an unguarded
interval crossed his florid face was startling.
The smile died instantaneously and he leaned forward to stare at me as
at some apparition. He quickly recovered himself, but the reporters
caught the tableau of his astonishment and put a paragraph into their
stories which was the preface to history-making in Adamson County.
I took my seat on the witness stand and raised my hand to be sworn, not
daring to meet the eyes of the woman who sat at the attorney's elbow,
though I felt her gaze upon me. Then I heard the cold modulation of
Marcus's voice.
"Mr. Deprayne, state your name, age and place of residence." I did so.
"Do you aver that an affidavit charging Judge Garvin with conspiracy to
murder and suppress evidence was made by you, and that it is true?"
"I do."
The shuffling of brogans and boots had died out. The fall of a pin might
have been heard at the ends of the room. Every Garvin heeler and every
Marcus adherent was sitting on the edge of his seat. Hands crept
furtively to holsters. There was a general gasp of surprise, then as by
a single impulse a number of men at one side near the back rose, and
across the aisle another group came silently to its feet. The factions
stood taut and motionless, eying each other with hatred. Marcus did not
for an instant resume his questioning and the utter silence was as
oppressive as the stillness that goes ahead of a cyclone. I knew what it
meant, as every one in the room knew. The feud-factions were crouching
for a spring. In another moment the ceiling might ring and rattle with
the cracking of pistols and reek with the stench of burnt powder. The
mountain territory has annals of such holocausts.