CHAPTER X

BREAKING THE STATUTES

_Kate's Narrative_

At Hundred Mile House the long table had been removed from the dining

hall, the benches set back to the log walls, and at the head of the room

an enormous Union Jack draped a very small portrait of Queen Victoria.

Beneath was the chair, in front of it a table set with writing materials

and the Bible, while at one end the schoolma'am looked very

self-conscious as clerk, in official black, with large red bows like

signals of distress.

On the right sat Iron Dale, Jesse, and myself, and all our posse, very

ill at ease. On the left were two gaunt American stockmen, both wearing

hats, while one had the star of a United States marshal. Beside them sat

the general public, consisting of Tearful George, two ranch-hands, an

Indian, and the captain's bulldog. Wee James, the captain's grandson,

sat with the dog at first, but presently he interrupted the court to

say that he would like to sit on me. He sat with considerable weight for

so small a person.

At Captain Taylor's entrance the constable ordered us all to stand.

Every inch a naval officer, bluff, ruddy, cheery, choleric, frightfully

impressive in a frock coat, he wore a Russian order slung by a ribbon at

his throat, and a little row of miniature war medals, the ribbons, alas,

too small to show me of which campaigns. At sight of the two strangers

he mounted a single eye-glass, and stared with growing wrath until they

removed their hats. Then, taking the chair, he permitted us to be seated

and ordered his constable to "Bring the prisoners aft."

Had our captives been washed and brushed, they might not have looked so

wretched or so guilty. Old O'Flynn, described by Jesse as Whiskers, with

his head in a blood-stained bandage, his right hand in a gory

handkerchief, looked so ill that he was given a seat. The Mexican, whose

beautiful leather dress, and soft dark eyes reminded me sharply of the

opera-house, seemed like a trapped wolf, only thinking of escape to the

nearest woods. Bull Durham's swaggering gallantry was marred by obvious

traces of the flour sack wherein he had been immersed by his disgusted

chief, and the shower of rain which followed.

"Prisoners," said the magistrate.

At that moment the United States marshal squirted tobacco juice,

adroitly hitting a spittoon distant some fourteen feet.

"Constable," said the magistrate austerely, "remove that person until he

has washed his mouth." Every man present had been furtively chewing

tobacco, but no one who knew Captain Taylor in his official mood would

have presumed to spit. Every jaw became rigid, every eye looked

reproachfully at the marshal, who rose protesting in stately sentences

that he represented the majesty of the people.

"Take his majesty out," said the captain with dreadful calmness, "and

put him under the pump."

The representative of the stock associations rose to support his

countryman.

"Clap them in irons," said the captain. "I'll have no spitting on my

quarter deck."

Jesse and Dale rose to assist the constable, and for some stirring

moments we were threatened with international complications. Then in his

quaint slow drawl my husband obtained leave to address the magistrate.

"I got an American book right here," said he, "in my hind pocket. It's

called _Deportment for Gents_. In real high-toned society, this

Honeypott claims that Amurrican gentlemen chews, but reserves the juice

until they happens on a yaller dawg. Then they assists that dawg with

his complexion."

The marshal stooped to pet the captain's bulldog.

"I'd help this yaller purp," said he, with a grave smile, "if I'd

thicker pants."

The captain chuckled and the case went on, our visitors having "allowed

that they didn't propose to chew in a court of justice."

"Prisoners," said our justice of the peace, laying his hand on the

Bible, "this book contains the only law I know. I'm not here as judge or

lawyer, but as one of Her Majesty's officers trusted to do the sporting

thing, and to deal fairly and squarely with three innocent men who have

the misfortune to be charged with crime. You've only to prove to me that

you're innocent, and I have power to let you go free. But I warn you to

tell the truth."

"Seems a square deal, Cap," said Whiskers.

"It is a square deal. Now, would you like to have some one of your

countrymen as prisoners' friend?"

Whiskers looked reproachfully at the United States marshal who demanded

his extradition, and the representative of stock associations who

offered fabulous rewards for his body "dead or alive."

"Wall," he drawled, "not exactly."

"You other prisoners. Do you accept this man as your spokesman?"

"_Si_, senor."

"That's all right," said Bull.

"Prisoner O'Flynn, you are charged with assaulting a woman, you others

with aiding and abetting. Guilty or not guilty?"

"It's a fact," said Whiskers sadly, "and all three of us wishes to say

what's got to be said"--he drew himself up to his full height--"by

gentlemen! We tried to force a lady to give her husband away. She shamed

us, and we honors Mrs. Smith for what she done. She told us to go to

blazes. Yes, sir! We just owns up that we're guilty as hell, as the best

way of showing our respect."

"Gentlemen," Captain Taylor spoke very gently. "I understand that you,

O'Flynn, received two wounds in punishment, and that two of your

comrades were killed by the men who avenged this affront. Is that true?"

"It's a fact."

"The verdict of the court is, 'not guilty.'

"But prisoner, your confession proves the right of the settlers to

organize for defense of the settlement until the constable could be

brought to their help. All you settlers who have taken part in the

capture of these prisoners are engaged by the province as special

constables from the day you undertook service, until I give you your

discharge. You will be paid on such a scale as I direct.

"Rudolf Schweinfurth."

The marshal came forward and was sworn.

"You are a United States marshal?"

"Yes, your honor."

"You submit proof?"

The marshal's credentials were read.

"You claim these prisoners for extradition?"

"Yes, sir."

"Sit down. Cyrus Y. Jones." The other stockman was sworn. "You are

representative of certain stock associations and submit proof? Right.

You claim certain cattle alleged to be stolen, and found in possession

of the prisoners? Right. You submit photographs identifying certain of

these cattle and evidence of theft. And you offer twenty-five thousand

dollars' reward for recovery of the stock. Pay that money into court and

take my receipt.

"Prisoners, you are charged in your own country with robbery-under-arms

and homicide in various degrees. Now, I don't pretend to understand to

what particular degree you may or may not have murdered people, but it

seems to me that being killed even to a very slight extent must be

damned inconvenient. I don't want to know whether you're guilty or not

guilty, because it's no business of mine. I do know that this official

who claims you represents the republic. I have plenty of evidence that

you were found in this country under suspicious circumstances, and that

you proceeded to make yourselves a general nuisance. If I committed you

for vagrancy or assault, it would delay you in a business which you must

have deeply at heart. I know that if I were charged with a tenth part of

these crimes I'd never sleep until I proved my innocence. Do you or do

you not wish to prove your innocence?"

The prisoners scratched their heads.

"Marshal," said the magistrate. "I don't know what my powers are in this

matter, but it's evident that the less red tape there is the sooner

these men will get the justice they rightly demand. I don't want them.

Give me a receipt and engage what men you need for escort duty. You, Mr.

Representative, give me your receipt for the cattle. Now clear out, and

get to the States before you're interfered with by any lop-eared

officials. Constable, hand over your prisoners.

"Mr. Dale and Mr. Smith, will you trust me as magistrate to make a fair

division of this reward? All right. One-quarter goes to Dale,

one-quarter to Smith, and the other half to be equally divided among

you. Is that fair? All right, here's the plunder. Let's get the table in

and dinner served. I'm famished."

So the court rose, and the dear old captain, having, I believe, broken

every statute in British Columbia jurisprudence, asked all hands and the

prisoners to dinner. "Of course," he said afterward to Jesse, "I ought

to have committed you and Dale to trial for homicide, fined you all

round for using guns without a license, turned the lawyers loose on a

fat extradition case, and impounded the cattle to eat my grass at

government expense. As it is, I'll be hanged, drawn, and quartered by

the politicians, damned by the press, and jailed for thrashing editors.

And I missed all the fun."

After dinner the crowd broke up into little groups. In one corner the

American officials were bargaining with Mr. Dale for his Sky-line men to

ride with the prisoners and the cattle. By the door stood Mr. Brooke,

explaining something at great length to our bored constable. At the head

of the long table Captain Taylor was telling me how difficult it was to

find a suitable nursery governess for Wee James. At the foot of the

table I saw the Mexican whispering to his unfortunate chief--plans for

escape, no doubt. Then Jesse joined them, with a present of pipes,

matches, and tobacco to ease their journey.

"Mr. Smith," said poor old O'Flynn, "this yere Sebastian Diaz has been

with me these twelve year. He's only a greaser--"

"_Medio Sangre_, senor!" said the half-breed proudly.

"But he's got the heart of a white man. He's like a son to me."

"I'm proud," said Jesse, "to make your acquaintance, both of you. You

are men, all right."

"We fought the rich men what had wronged us, them and their breed. We

put up a good fight. Yes, sir! And we wouldn't have missed a mile of

that twelve years' trail. It wasn't our way to insult women, Mr. Smith."

"You had to git that information somehow," said Jesse, "and Mrs. Smith

forgives you."

The old man bowed his head.

"Muchos gracias, caballero!" said the Mexican, gently.

"That's off our minds, Mr. Smith."

"Mostly known as Jesse," said my husband.

"Jesse. We bin consulting, and we agree you're the only man here we'd

care to ask favors of."

"I'm your friend all right."

"Jesse, if we don't escape, we are due to pass in our chips."

"I'm not going to help you escape."

"Wall, you haven't helped our escape to any great extent, so far as I

know."

Jesse chuckled.

"But I'm asking you to look after my wife and my son."

"I'll do that."

"You'll save the boy from his father's trade?"

"I reckon."

"Put her thar."

And they shook hands.

"Them horses we was riding," said the outlaw, "is for my son."

"That's all right."

"And one thing more. This yere Brooke ain't white."

"You don't say!"

The outlaw grinned. "You sized him up all right. He joined us out of a

Wild West show last fall. He's never done nothin' to earn hanging or

jail, being too incompetent. But he's state's evidence enough to hang us

twenty times over. He'll get off.

"Moreover, Jesse, take a dying man's word. That Brooke has an eye on

your good lady. He's your enemy from times far back at Abilene. He'll

live to do you dirt. Thar, I sort of hates to talk so of one of my men,

and I won't say no more.

"Say, my hands being hurt, will you just reach into my off hind pocket?

That's right. There's a gold watch. Take it, my time's up. Give that to

your lady from us as a sort of keepsake. Good-by, partner."

"Good-by, friend."

"_Adios_," said the Mexican. "_Vaya usted con Dios!_" And the English of

that is, "May you ride with God!"

From the other end of the room Captain Taylor and I were watching that

little scene. Without hearing a word we could understand so well. "Young

woman," said the captain, "when I was a younger fool than I am now, I

was a naval attache at St. Petersburg. I'd seen how the Russian Bear

behaved at Sebastopol and I liked to watch how he behaved in the Winter

Palace. One day a Cossack officer and his son came to make an appeal.

Mrs. officer had been a puss and bolted with one of the court officials,

so her husband and son wanted leave to go after the man with their guns.

They were so miserable that they sat at a table and took no notice of

anybody or anything. After they'd been sitting a long time, a man came

and laid down a case of dueling pistols on the table beside them. I

couldn't hear what he said, but he sat down with them. Presently I saw

him shake hands with the general.

"Now your husband put something on the table, and sat down with those

wretched prisoners, and presently shook hands with one of them.

"Your husband and that Russian chap did the very same things in the very

same way. Yes, you've married a gentleman by mistake."

I was puzzled. "Who was the Russian?" I asked.

"Oh, didn't I tell you? He was the emperor."

After a minute, while I watched my royal man, the captain laid his hand

on mine. "Don't let these loafers see you crying," he whispered.

"I'm not crying." I looked round to prove that I was not crying, and as

I did so, my glance fell upon the old man's miniature medals. One of

them was the Victoria Cross.

A Man in the Open · 第 10 / 14 章