CHAPTER II

The situation of John Spurrier, who was Jack Spurrier to every man in

that command, standing under the monstrous presumption of having

murdered a brother officer, called for a reaccommodation of the

battalion's whole habit of thought. It demanded a new and unwelcome

word in their vocabulary of ideas, and against it argued, with the hot

advocacy of tested acquaintance, every characteristic of the man

himself, and every law of probability. For its acceptance spoke only

one forceful plea--evidence which unpleasantly skirted the actuality

of demonstration. Short of seeing Spurrier shoot his captain down and

toss his pistol through the open window, Major James could hardly have

witnessed a more damaging picture than the hurriedly opened door had

framed to his vision.

Within the close-drawn cordon of a post, held to military accountability,

facts were as traceable as entries on a card index--and these facts

began building to the lieutenant's undoing. They seemed to bring out

like acid on sympathetic ink the miracle of a Mr. Hyde where his

comrades had known only a Doctor Jekyll.

The one man out of the two skeleton companies of infantry stationed

in the interior town who remained seemingly impervious to the

strangulating force of the tightening net was Spurrier himself.

In another man that insulated and steady-eyed confidence might have

served as a manifest of innocence and a proclamation of clean

conscience. But Spurrier wore a nick-name, until now lightly

considered, to which new conditions had added importance.

They had called him "The Plunger," and now they could not forget the

nickeled and chrome-hardened gambling nerve which had won for him the

sobriquet. There had been the _coup_ at Oakland, for example, when a

stretch finish had stood to ruin him or suddenly enrich him--an

incident that had gone down in racing history and made cafe talk.

Through a smother of concealing dust and a thunder of hoofs, the field

had struggled into the stretch that afternoon, tight-bunched, with its

snapping silks too closely tangled for easy distinguishing--but the

cerise cap that proclaimed Spurrier's choice was nowhere in sight. The

bookmakers pedestalled on their high stools with field glasses glued

to their eyes had been more excited than the young officer on the

club-house lawn, who put away his binoculars while the horses were

still in the back stretch and turned to chat with a girl.

Three lengths from the finish a pair of distended nostrils had thrust

themselves ahead of the other muzzles to catch the judges' eyes, and

bending over steaming withers had nodded a cerise cap.

But the lieutenant who had escaped financial disaster and won a

miniature fortune had gone on talking to the girl.

Might it not be suspected in these circumstances that "Plunger"

Spurrier's refusal to treat his accusation seriously was only an

attitude? He was sitting in a game now with his neck at stake and the

cards running against him. Perhaps he was only bluffing as he had

never bluffed before. Possibly he was brazening it out.

It was not until the battalion had hiked back through bosque and over

mountains to Manila that the lieutenant faced his tribunal: a court

whose simplified methods cut away the maze of technicalities at which

a man may grasp before a civilian jury of his peers.

If, when he actually sat in the room where the evidence was heard, his

assurance that he was to emerge clean-shriven began to reel under

blows more powerful than he had expected, at least his face continued

to testify for him with an outward serenity of confidence.

Doctor James told his story with an admirable restraint and an

absolute absence of coloring. He had meant to go to Comyn, because he

read in his eyes the signs of nerve waste and insomnia; the same

things that had caused too many suicides among the men whose nervous

constitutions failed to adapt themselves to the climate.

Before he had carried his purpose to fulfillment--perhaps a half hour

before--he had gone to look in on the case of Private Grant, who was

suffering from just such a malady, though in a more serious degree.

That private, a mountaineer from the Cumberland hills of Kentucky, had

been to all appearances merely a lunatic, although it was a case which

would yield to treatment or perhaps come to recovery even if left to

itself. On this night he had gone to see if Grant needed an opiate,

but had found the patient apparently sleeping without restlessness,

and had not roused him. At the door of the place where Grant was

under guard, he had paused for a word with Private Severance who

stood there on sentry duty.

It had been a sticky night following a hot day, and in the _calle_

upon which lay the command in billets of nipa-thatched houses, no one

but himself and the sentries were astir during the twenty minutes he

had spent strolling in the moonlight. On rounding a corner he had seen

a light in Comyn's window, and he had gone around the angle of the

adobe house, since the door was on the farther side, to offer the

captain a sleeping potion, too. That was how he chanced on the scene

of the tragedy, just a moment too late for service.

"You say," began Spurrier's counsel, on cross-examination, "that you

visited Private Grant about half an hour before Captain Comyn was

killed and found him apparently resting naturally, although on

previous nights you had thought morphia necessary to quiet his

delirium?"

The major nodded, then qualified slowly:

"Grant had not, of course, been continuously out of his head nor had

he always slept brokenly. There had been lucid periods alternating

with exhausting storm."

"You are not prepared to swear, though, that this seeming sleep might

not have been feigned?"

"I am prepared to testify that it is most unlikely."

"Yet that same night he did make his escape and deserted. That is

true, is it not?"

The major bowed. "He had sought to escape before. That was symptomatic

of his condition."

"And since then he has not been recaptured, though he was in your

opinion too ill and deranged to have deceived you by feigning sleep?"

"Quite true."

"Have you ever heard Grant threaten Captain Comyn's life?"

"Never."

"Whether he had made such threats to your knowledge or not, he did

come from that hill county of the Kentucky mountains commonly called

Bloody Brackton, did he not?"

"I believe so. His enlistment record will answer that."

"You do know, though, that the man on guard duty--the man with whom

you spoke outside--was Private Severance, also from the so-called

Kentucky feud belt and a friend of the sick man?"

"I can testify of my own knowledge only that he was Private

Severance and that he and Grant were of the same platoon--Lieutenant

Spurrier's."

The defense advocate paused and carefully framed a hypothetical

question to be answered by the witness as a medical expert.

"I will now ask you to speak from your knowledge of blood tendencies

as affected or distorted by mental abnormalities. Suppose a man to

have been born and raised under a code which still adheres to feudal

violence and the private avenging of personal grievances both real and

fancied. Suppose such a man to have conceived a bitter hatred against

his commanding officer and to have brooded over that hatred until it

had become a fixed idea--a monomania--a determination to kill; suppose

such a man to have known only the fierce influences of his retarded

hills until he came into the army and to have encountered there a

discipline which seemed to him a tyranny. I will ask you whether such

a man might not be apt to react to a homicidal mania under nervous

derangement, and whether such a homicidal mania might not develop its

own craftiness of method?"

"Such," testified the medical officer, "is a conceivable but a highly

imaginative possibility."

Then Private Severance was called and came into the room, where he

stood smartly at attention until instructed to take the witness chair.

This dark-haired private from the Cumberlands looked the soldier from

crown to sole leather, yet his features seemed to hold under their

present repose an ancient stamp of sullenness. It was an intangible

quality rather than an expression, as though it bore less relation to

his present than to some unconquerable survival from generations that

had passed on; generations that had been always peering into shadows

and searching them for lurking perils.

In his speech lingered quaintly remnants of dialect from the laureled

hills that army life had failed to eradicate, and in his manner one

could note a wariness of extreme caution. That was easy to understand,

because Private Severance, too, stood under the charge of having

permitted a prisoner to escape, and his evidence would confront him

later when he in turn occupied the dock.

"I didn't have no speech with Bud Grant that night," he testified,

"but I'd looked in some several times through the window. It was a

barred window, an' every time I peeked through it I could see Bud

layin' there asleep. The moon fell acrost his cot so I could see him

plain."

"When did you see him last?"

"After Major James had been in and come out--a full fifteen minutes

later. I'm able to swear to that, because I noticed the moon just as

the major went out, and, when I looked in through the window the last

time, the moon was a full quarter hour lower down to'rds settin'."

After a moment's pause the witness volunteered in amplification:

"Where I come from we don't have many clocks or watches. We goes by

the sun and moon."

"Then you can swear that if Private Grant fired the shot that killed

Captain Comyn, he must have escaped and eluded your sight; armed

himself, crossed the plaza; turned the corner; accomplished the act

and gotten clean away, all within the brief period of five minutes?"

"I can swear to more than that. He didn't get past me till _after_ the

pistol went off. There wasn't no way out but by the one door, and I

was right at that door all the time until I left it."

"When did you leave?"

The witness gave response without hesitation, yet with the same

serious weighing of his words.

"I was standing there, sorter peerin' up at the stars an' beginning to

feel right smart tired when I heard the shot. I heard the shout of the

corporal of the guard, too, an' then it was that I made my mistake."

He paused and went on evenly. "I hadn't ought to have stirred away

from my post, but it seemed like a sort of a general alarm, an' I went

runnin' to'rds it. That was the first chanst Bud had to get away.

When I got back he was gone."

"You are sure he was still there when the shot sounded?"

"As God looks down, I can swear he was!"

Then the defense took the witness.

"When does your enlistment expire?"

"Two months, come Sunday."

"You know to the day, don't you? You are keenly anxious for that day

to come, aren't you?"

"Why wouldn't I be? I've got folks at home."

"Haven't you and Grant both been malcontents throughout your entire

period of service?"

"It's news to me, if it's true."

"Haven't you often heard Private Grant swear vengeance against Captain

Comyn?"

"Not no more than to belly-ache some little."

"Is it not a fact that since you and Grant ran amuck on the transport

coming over, and Comyn put you both in irons, the two of you had sworn

vengeance against him; that you had both taken the blood oath to get

him?"

Severance looked blankly at his questioner and blankly shook his

head.

"That's all new tidings ter me," he asserted with entire calmness.

"Don't you know that you deliberately let Grant out immediately after

the visit of Major James and slipped him the pistol with which he

fired the shot? Didn't you do that, knowing that when the report

sounded you could make it your excuse for leaving your post, and then

perjure yourself as to the time?"

"I know full well," asserted the witness with an unshaken composure,

"that nothing like that didn't happen."

Fact built on fact until even the defendant's counsel found himself

arguing against a growing and ugly conviction. The pistol had been

identified as Spurrier's, and his explanation that he had left it

hanging in his holster at his quarters, whence some unknown person

might have abstracted it, lacked persuasiveness. The defense built a

structure of hypothesis based upon the fact that the open door of

Spurrier's room was visible from the house where Grant had been

tossing on his cot. The claim was urgently advanced that a skulking

lunatic might easily have seen the glint of blued steel, and have been

spurred in his madness by the temptation of such an implement ready to

his hand. But that, too, was held to be a fantastic claim. So the

verdict was guilty and the sentence life imprisonment. It must have

been death, had the case, for all its warp of presumption and woof of

logic, been other than circumstantial.

The defendant felt that this mitigation of the extreme penalty was a

misplaced mercy. The disgrace could be no blacker and death would at

least have brought to its period the hideousness of the nightmare

which must now stretch endlessly into the future.

It was to a prisoner, sentenced and branded, that Major Withers came

one afternoon when the court-martial of Lieutenant Spurrier had run

its course as topic-in-chief for the Officers' Club at Manila. Other

matters were already crowding it out of the minds it had profoundly

shocked.

"I want to talk to you, Jack," began the major bluntly. "I want to

talk to you with a candor that grows out of the affection we all felt

for you--before this damnable thing upset our little world. My God,

boy, you had life in your sling. You had every quality that makes the

soldier; you had every social requisite except wealth. This besetting

passion for gambling has brought the whole train of disaster--as

logically as if you had killed him at the card table itself."

"You are overlooking the fact, major," interrupted the prisoner dryly,

"that I didn't kill him. Moreover, it's too late now for the warning

to benefit me. I dare say in Leavenworth I shall have no trouble

curbing my passion for gaming." He paused and added with an irony of

despairing bitterness: "But I suppose I should thank you and say, like

the negro standing on the gallows, 'dis hyar is surely g'wine to be a

great lesson ter me.'" Suddenly the voice broke and the young man

wheeled to avert his face. "My God," he cried out, "why didn't you let

them hang me or shoot me? Any man can stiffen his legs and his spine

for five minutes of dying--even public dying--but back of those walls

with a convict's number instead of a name----" There he broke off and

the battalion commander laid a hand on his heaving shoulder.

"I didn't come to rub in preachments while you stood at the edge of

the scaffold or the jail, Jack. My warning may not be too late, after

all. We've passed the matter up to the war department with a strong

recommendation for clemency. We mean to pull every wire that can

honorably be pulled. We're making the most of your good record

heretofore and of the conviction being based on circumstantial

evidence."

He paused a moment and then went on with a trifle of embarrassment in

his voice:

"You know that Senator Beverly is at the governor general's

palace--and that his daughter is with him."

Spurrier wheeled at that and stood facing his visitor with eyes that

had kindled, but in which the light at once faded as he commented

shortly:

"Neither the senator nor Augusta has made any effort to see me since I

was brought to Manila."

"Perhaps the senator thought that was best, Jack," argued Withers.

"For the daughter, of course, I'm not prepared to speak--but I know

that Beverly has been keeping the cable hot in your behalf. Your name

has become so familiar to the operators between here and Washington

that they don't spell it out any more: they only need to rap out Sp.

now--and if I needed a voice to speak for me on Pennsylvania Avenue or

on Capitol Hill, there's no man I'd pick before the senator."

When he had gone Spurrier sat alone and to his ears came the distant

playing of a band in the plaza. Somewhere in that ancient town was the

girl who had not been to see him, nor written to him, even though,

just before his battalion had gone into the bosques across the

mountains, she had let him slip a ring on her finger, and had answered

"yes" to his question--the most personal question in the world.

The Law of Hemlock Mountain · 第 2 / 22 章