LAW IN AMERICA
As he marched us along, he made several enquiries as to our finances,
to know if we were prepared to pay a fine. Being assured of this he
took a very despondent view of our case.
Brum explained afterwards, when it was too late, that trespassing on
the railroads was always considered a very serious offence during this
month of the year, when men were returning with their small earnings
from the hopfields; which were not sufficient to enable them to travel
as passengers. He explained that trespassing on the railroad was not
only overlooked, but was openly encouraged when men had to pick hops
to fill their pockets; but as soon as those pockets were filled by
picking hops, the local magistrates lost no time in giving the police
strict orders to fall to, arrest and detain, so that a picker's pocket
might be picked by them of his little earnings.
The marshal stopped several citizens, enquiring as to the whereabouts
of a person named Stevens. To my surprise, we were not lodged for the
night in the common jail, but were led into a public house, which in
that country is referred to as a saloon. As we entered this place, and
stood in front of its bar, we did not look much like prisoners. Brum
called for four drinks, and the marshal drank his respect for us in a
very friendly manner indeed. After which he took the landlord aside
for a short consultation, in which I heard the man Stevens mentioned
more than once. Then he came back and had another drink, this time at
the expense of Australian Red. Some customers now arrived, followed by
a lean, solemn looking person, whom the marshal took no time in
accosting as Judge Stevens. This gentleman at once called for whiskey,
then looked from the marshal to us, and from us to the marshal, at the
same time nodding his head approvingly to the latter. The marshal
cleared his throat and began: "I found these men trespassing on the
railroad, and at once arrested them." The judge again nodded his head
in approval to this red, burly individual, who had made a claim of
being robbed of his sleep day and night, and turning to us said:
"Boys, we have to put a stop to these things, drink and follow me." He
led the way into a small back room, and we followed with the marshal,
the citizens bringing up the rear. The marshal gave evidence of our
arrest, making special mention of our possession of money. The judge
wished to be informed of the exact amount, and being told that it was
something like ten dollars each, summed up the case at once. "Boys,"
he said, "I fine you each five dollars, in default of which you must
go to Syracuse for thirty days"--at which place was the county jail.
Now, I was always outspoken, and was never forced by fear, under any
circumstances, to conceal my thoughts, which if I saw real injustice
or hypocrisy, would be blurted out in a more dignified court than
this. This mock trial, which at first had been highly amusing,
exasperated when it came to paying half of my hard earnings, so I told
this judge plainly that my friends might please themselves, but that
he would not get one cent out of me. Brum supported me in this, but
Australian Red began to finger his dollars, whereat the marshal
quickly snatched them out of his hand, deducted five dollars, which he
gave to the judge, and returned the rest. Judge Stevens looked at us
steadily for a time, and then asked this astounding question: "Boys,
how much are you prepared to pay?" Brum, who had very little sense of
justice, and being such a good beggar, set very little value on money,
asked the judge if he would accept three dollars from each of us. If I
had been alone at this time I would have paid nothing, but to save
Brum from going to prison, who I knew would support me through all, I
satisfied myself that, if the judge approved of this amount, I would
pay it without further comment. The judge appeared to weigh the
matter seriously, and then cried, with a magnanimity that was
irresistible--"Pass over the dollars, boys; you shall have a chance
this time."
The trial was not here ended, as most of us believed. A citizen, who
had been an interested spectator of this scene, and who had been
fidgetting in his seat for some time, now rose to his feet, and
said--"Where is the justice of this? These men are all guilty of the
same offence, and yet one is fined five dollars, and the other two get
off more leniently, with the loss of three dollars each; this
certainly cannot be called justice." At this the Judge showed the
first signs of passion. "Sir," he shouted in wrath, "who is the Judge,
I or you? If you ever again interfere with our proceedings, in this
manner, I shall fine you for contempt of court--contempt of court,
sir, contempt of court." This citizen and lover of justice, collapsed
stricken with awe, bluffed and discouraged. "Come, boys," said the
Judge, and he led the way back to the bar. There, he produced a two
dollar bill, which was part of our fine, and called for drinks for the
house. We followed his example, late prisoners and citizens, and were
all happy together until a late hour.
The marshal, who seemed to have a little respect for me, for having
shown the spirit of free speech before the judge, took me aside and
asked whether we intended to take advantage of the invitation given by
the citizen who had been threatened for contempt of court--to spend
the night at his house. "I don't think so," I said; "we have had
enough of this town, and intend leaving it to-night." Shortly after
these words we left the saloon, but had scarcely reached the street
end, when I heard steps following, and to my surprise, the marshal was
soon at our side. Now comes the most extraordinary part of this story,
which I have often been diffident in relating, thinking it would not
be credited. "Boys," said this burly fellow, who could not get any
sleep day or night, "get you to the railroad, and if any one
interferes with you, tell them that the marshal sent you; I shall be
with you in about twenty minutes." We were soon at the railroad, were
not interfered with, and the marshal followed in a short time.
"Listen," he said to us, who were again trespassers on the railroad,
at his pleasure and instigation: "There is a train already made up to
start in five minutes' time; get into this empty car, and by heavens,
no man shall interfere with you." Which we did, and when the train
started, the marshal was there, beside the car, wishing us a pleasant
good-bye. "Why," said Brum, when I commented in astonishment at all
this, "it is nothing unusual. One day," he began, "I was in a small
town in Ohio. Seeing a freight train leaving the station, I leaped
into an empty car, just as the train started. When safe inside, I
turned and stood in the open doorway, and looking out, saw the marshal
standing on the platform, looking after me, so I waved him a sarcastic
farewell. But the train, instead of increasing in speed, began to
slow, and coming to a standstill, began at once to back towards the
station. Before I could decide on my course of action, we were again
standing in front of the station, with my car facing the marshal, who
seemed to have waited, expecting this to happen. 'Hallo,' he cried,
'come out of that for you are under arrest.' I was lodged in jail, and
was next morning brought up for trial. The marshal gave evidence as to
seeing me jump the train, and I was charged with that offence. Having
no money, I was about to be sent to jail when the judge asked the
marshal to examine my hands which, although I had done no work for a
number of years, were still hard and horny. I said that I was a
seafaring man, and exhibited pictures of boats and anchors tattooed on
my arms, at the same time offering to show the _Polly Jane_ in full
sail across my breast. My strange calling, in that inland town more
than a thousand miles from the coast, appeared to greatly interest the
judge, who, after several friendly questions, discharged me with a
caution. Instead of at once taking advantage of my freedom, I sat
down, waiting the end of the court. Another prisoner was then brought
up, who had been seen loafing on the station platform all the previous
day. This prisoner pleaded guilty, and said that he had waited in vain
for hours for a freight train to carry him to his destination, he
having no money to pay his fare as a passenger. "Hold," cried the
marshal, "that is a lie, for I myself saw a train steaming out when
you were loafing indifferently on the platform." "Ten dollars, or
sixty days," said the judge. This will show you how one prisoner was
charged for stealing a ride on a freight train, and another prisoner
was charged for not doing so as the opportunity occurred, happening in
the same court, and under the same judge. Again," continued Brum, "I
know a prisoner, in an adjoining state, who was sentenced to ten years
for embezzlement. The money was never recovered, and he probably has
it safe until his time expires. This prisoner is receiving a salary of
ten dollars a week for keeping the prison books, is allowed to
converse with any one, and is entrusted to go the rounds of the
turnkey. He is the one man allowed to wear private clothes, and is
even allowed at night the liberty of a stroll in the open air, and
unattended, with the one stipulation that he returns before a certain
hour at night. And," continued Brum, "what with the money he has
concealed--held probably by a relative--and his weekly salary of ten
dollars as the bookkeeper of the prison, he will never need work more,
after his sentence is served. But, listen to me," continued Brum more
earnestly, "some of these queer laws are to a tramp's advantage. The
winter is already here, and promises to be a most severe one. Now, if
you would like to rest and grow fat during the coldest months, come
with me to Michigan. You can there enter jails without committing
offence of any kind, and take ten, fifteen, twenty or thirty days, all
at your own sweet discretion. No work to do, good food to be had, and
tobacco daily supplied. There is nothing else but begging before you,
for the coming winter," said Brum, warming to his subject, "but if you
like to enter with me those blessed havens of rest, where one can play
cards, smoke or read the time away, you will become strong and ready
for work when the spring of the year arrives."
This project did not seem to me to be very attractive. For one thing,
it was a long journey to that part of the country, and the weather
being cold, we were forced to travel at night and sleep in the day. I
was certainly not a very pleasant companion at this time, being
occupied so much with my own dreams, which ever took the one shape of
a small comfortable room with a cosy fire; books, papers, tobacco,
with reading and writing in turns. At any rate, we decided to follow
Brum's suggestion, and, instead of going to New York, we got off, and
took another road.
We had a rough time in beating our way to Michigan. We were marched
out of one town by the marshal, where we were waiting to catch a
train. This necessitated us either to walk three miles to catch a
train as it was on a grade, or to walk ten miles to the next watering
tank, where all freight trains stopped. We decided on doing the
former. To do this required an activity of which I hardly thought Brum
to be capable. The grade was long and before the train reached the
top, its speed would be slackened to about ten miles an hour, or less,
if it had heavy freight. It was necessary to lie low, and out of
sight, until the train appeared, and then run beside it, so as to leap
and catch the handle bar, the feet at the same time catching the iron
step; after doing which we could step on to the bumpers, or climb the
ladder to the top of the car. If either the hand or foot failed to do
its duty, it meant a fall, and a very serious accident or death. I was
the youngest and most active, and leapt the first part of the train.
As soon as I was safe I looked around the car, and had the pleasure of
seeing Australian Red succeed just three cars behind, and Brum
succeeding on the next car to him. When we reached the next stopping
place, we all got together on the same car, so as to be prepared for
any trouble with the train's crew. A brakesman passed over the top,
and shouted to us in a friendly manner; passed and re-passed several
times before the train reached its destination, but treated our
presence with the utmost indifference, which is often the case in that
part of America.
What a difference it made in our feeling, this changing of seasons! It
seemed but a few days ago the birds were singing, the orchards were
heavy and mellow with fruit, and we could sleep in the open air all
night. It was now necessary to light great fires, when the front parts
of our bodies burned whilst a cold chill crept up and down the spine;
and the first fall of snow, which was likely to occur at any time,
would soon make it difficult to enjoy even this small comfort.
At last we reached a small town in Michigan which, Brum informed us,
was the county town; and which, said he, chuckling with delight, had
an exceedingly pleasant jail.