Paige was an able young man and a good lawyer, and was entitled to

the position which he had attained so young; but, the son of a man

of rather exceptional means, he had been educated at a city college,

and had a sophistication which Solomon viewed with deep suspicion.

Moreover, he discarded the garb which Mr. Peaslee regarded as

sacred. He was not in black. Instead, he wore a light gray business

suit, his collar was very knowing in cut, and his cravat of dark

blue was caught with a gold pin.

"Citified smart Aleck," was Mr. Peaslee's characterization. To tell

the truth, he mistrusted the man's ability, and was afraid of him.

If that fellow knew, Mr. Peaslee felt that it would go hard with

him. Generally, Paige was popular.

Solomon had, of course, been painfully awake to every hint and

intimation in regard to Jim's case. He had seen Jake Hibbard, that

carrion crow of the law, loafing about the corridors, and the sight

had made him shiver. He had next heard that Jim's case would be

quickly called,--probably on the next day,--news producing a complex

emotion, the elements of which he could not distinguish.

Furthermore, a remark or so which he overheard indicated that the

out-of-town men were inclined to take a harsh view of the matter.

And reflecting on all these things, he paddled home through the

depressing wet.

And the next day it rained.

More and more perturbed, as the climax approached, Mr. Peaslee took

his place in the jury-room, and sat there with unhearing ears. He

sat and thought and delivered battle with his conscience, which was

growing painfully vigorous and aggressive. But, after all, perhaps

they would not find a true bill, and then Jim would go free, and he

could breathe again. Mr. Peaslee clung to the hope, and hugged it.

It was the one thing which gave him courage.

"Gentlemen of the grand jury," suddenly he heard Paige saying, "the

next case for you to consider is that of James Edwards, aged

fifteen, of Ellmington, charged with assault, with intent to kill,

upon one Peter Lamoury, also of Ellmington."

And he proceeded to read the complaint, which, in spite of the

monotonous rapidity with which he rattled it off, scared Mr. Peaslee

badly with its solemn-sounding legal phraseology.

"Gentlemen," said Paige, laying down the paper, "there was no

eyewitness to the actual assault; and only three people have any

personal knowledge of the event--Mr. Edwards, the defendant's

father, the accused himself, and the complainant. Mr. Lamoury, his

counsel tells me, is in no condition to appear. But I have here,"

lifting a paper, "his affidavit, properly executed, giving his

version of the matter. The boy's father, however, is at hand.

Probably the jury would like to question him."

"It seems to me," said Mr. Sampson, "that Mr. Edwards would be

pretty apt to know the rights of it, if he's willing to talk. I

guess we'd better hear him."

The state's attorney stepped to the door.

"This way, please!" he called, and Mr. Edwards entered the room.

Farnsworth and Peaslee both studied the man's face closely,

although for very different reasons, and both found it sternly

uncompromising.

"Please take a chair, Mr. Edwards," said Paige, and in a swift

glance rapidly estimated the man. "Here's some one who won't lie,"

he thought, impressed.

"Now," he resumed, "will you kindly tell the members of the grand

jury what you know of the case?"

Mr. Edwards cleared his throat painfully. Determined as he was to

let his rebellious boy take whatever punishment his mistaken course

might bring, he now began to wish that the punishment would be

light. His confidence that Jim needed only to be pushed a little to

confess was somewhat shaken, and the charge was really serious. He

felt a desire to explain, to palliate, to minimize.

"Gentlemen," he said, "my boy's always been a good boy. I can't

believe that he meant to hurt Lamoury or any one else. It must have

been some accident--"

"Facts, please," said Paige, crisply.

Mr. Peaslee caught his breath indignantly. He had been entirely in

sympathy with Mr. Edwards's soft mode of approaching his story.

Paige seemed to him unfeeling.

"I will answer any questions," said Mr. Edwards, stiffening.

"Did you hear any shot fired?" began Paige.

"Yes."

"Where were you?"

"I was asleep in the room above Jim's."

"Was Jim in his room?"

"I suppose so."

"You suppose so. Don't you know?"

"No, I don't know."

"But to the best of your knowledge and belief he was there?"

"Yes."

"And the shot waked you?"

"Yes."

"What did you do on hearing the shot?"

"I jumped to the window."

"Tell what you saw, please."

"I saw a man fall in the orchard, and hurried out to see if he was

hurt. But he was gone when I got there."

"Then what?"

"I went to speak to Jim."

"He was in his room, then, immediately after the shot?"

"Yes."

"Ah! And when you spoke to him, did he admit firing the shot?"

"No."

"Did he deny it?"

"Yes."

"Where was his gun?"

"In the rack over the mantel."

"In the rack over the mantel," repeated Paige, slowly, glancing at

the jurors. "Did you examine it?"

"Yes."

"What was its condition? Did it show that it had been fired?"

"No; it was clean."

"It was clean," repeated Paige. "I understand that it was a

double-barreled, muzzle-loading shotgun. Were there any rags about?"

"Yes."

"Where were they?"

"One was in the ashes of the fireplace."

"Look as if some one had tried to hide it?"

"Yes"--reluctantly.

"If it was that sort of gun, there must have been a shot-pouch and

powder-flask. Where were they?"

"In the drawer where Jim keeps them."

"Everything looked, then, as if no shot had been fired?"

"Yes."

"Was there any one besides yourself and your son in the house?"

"No."

"Your housekeeper?"

"She had stepped out."

"To the best of your knowledge, then, there was no one about to fire

the shot except your son?"

"No."

"That will do," said Paige, with an accent of finality. "That is,"

he added, with the air of one who observes a courteous form, "unless

some of the grand jurors wish to ask a question."

There were various things which were new to Mr. Peaslee in this

testimony. He had supposed that Jim had been picked as the guilty

person by a process of mere exclusion; he had had no idea that the

case against him was so strong. How had the boy got to the room so

soon after he himself had left, and why had he gone there? And why,

why had he cleaned the shotgun? The grand jury must believe in his

guilt. And when the case came to trial, what could Jim say to clear

himself? It was going hard, hard with the boy.

Mr. Peaslee's mouth grew dry, his palms moist; he moved uneasily in

his chair. Once or twice he felt sure that the next instant he would

find himself on his feet, but the minutes passed and he still was

seated.

And Farnsworth, anxious, for the sake of his betrothed, Miss Ware,

to help Jim, was nonplussed. There were two possible explanations

of Jim's cleaning the gun, if he did clean it: the first, that Jim

was protecting himself; the second, that he was shielding some one

else.

But the second theory seemed quite untenable. Farnsworth had made

some cautious but well-directed inquiries about Mr. Edwards, and had

satisfied himself that the rumors about his smuggling were nothing

but malicious gossip. There was not a man of greater honesty in the

state. The boy must have done the shooting. Miss Ware would have to

give it up. Still, he would hazard a question.

"Mr. Edwards," he said, "Lamoury worked for you once, didn't he?"

"Yes."

"You quarreled, didn't you?"

"I discharged him for intemperance."

"There was no bad blood?"

"Lamoury was angry, I believe."

Farnsworth stopped; there was nothing to be gained by this course of

questioning in the way of clearing Jim. Of course later, the point

that Lamoury had a grudge against the family might have importance,

although he could not see just how. Some one else surely heard that

gunshot. It was incredible that the neighborhood should be so

deserted. If only there were another witness!

The other jurors had no questions. They were, to tell the truth, a

little impatient. It was near the dinner-hour, and they were hungry.

The case seemed perfectly plain to them. It was not likely, they

argued, that the boy's father could be mistaken.

"You may go," said Paige to Mr. Edwards.

"I don't see," he began, when the witness had left the room, "any

need for our going further into this case. Whatever we may think of

the animus of the complainant,--I take it that was what you wished

to bring out, Mr. Farnsworth,--there seems to be no question but

that the boy fired the shot. The presumption seems strong also that

he intended to hit. Were there any accident or any good excuse, the

boy could, of course, have no motive not to tell it. I suggest that

a true bill be found at once, and that we proceed to more important

matters. I want to remind you that we have a great deal of work

before us."

"Well, gentlemen," said Sampson, "I guess we're pretty much of a

mind about this. If no one has any objections, I guess we'll call it

a vote." He looked round.

"As we're all agreed--" he began.

"Just a moment, Sampson!" suddenly exclaimed Farnsworth. It had just

then flashed over him that Mr. Peaslee, the kind Mr. Peaslee, who

gave Jim knives and harmonicas, was next-door neighbor to the

Edwardses. If he had been at home when the shot was fired, he must

have heard it, and he might have seen some significant thing which

questioning might bring out. Of course, if Peaslee had seen

anything, he would have spoken, but he might have overlooked the

importance of some fact or other.

"Just a moment, Sampson!" he said, and put up his hand. Then he

swung sharply in his chair and put the question:--

"Peaslee, where were you when that shot was fired?"

[Illustration: Cat standing alert facing forward.]

VI

"Peaslee, where were you when that shot was fired?" asked

Farnsworth, and as he spoke he turned and looked toward Solomon,

whose seat was some three or four places to his left, on the same

side of the table.

Had the question not been uttered, it would have died upon his

lips, so much surprised was he at what he saw.

Mr. Peaslee, white and trembling with some strong emotion, had his

hands upon the table and was raising himself, slowly and painfully,

to his feet. He rolled his eyes, which looked bigger and more

pathetic than ever behind his glasses, toward Farnsworth at the

sound of his voice, but the young man knew instinctively that

Solomon, moved by some strong idea of his own, had not grasped the

question.

"Gentlemen," Mr. Peaslee began, in shaky tones, "I guess I got a

word to say afore ye find a true bill agin that little feller. He's

as peaceable a boy as ever I saw, and I guess I can't let him stay

all bolted and barred into no jail, when it don't need anythin' but

my say-so to get him out. Ye see, gentlemen,"--Solomon paused,

moistened his dry mouth, and cast a timorous look over the puzzled

faces of the jurymen,--"ye see, 't was me that shot Lamoury."

Not a sound came from the grand jury; the members sat and stared at

him in blank wonder, hardly able to credit their ears. Paige, the

state's attorney, who was making some notes at the time, held his

pen for a good half-minute part way between his paper and the

inkstand while he gazed in astonishment at Peaslee. To have a grand

juror, a sober, respectable man, rise in the jury-room and confess

that he is the real offender in a case under consideration, is not

usual. The surprise was absolute.

For Farnsworth, it was more than a surprise; it was a relief. Then

his betrothed had been right; Jim had not fired the shot! He felt a

glow of admiration for Nancy's sure intuition and loyalty to her

pupil. He rejoiced that Jim was cleared for her sake and for the

boy's. Insensibly he had grown more and more interested in Jim and

attached to him. Now--everything was explained.

Everything? No, Jim's strange activity in concealing the evidences

of the shot, his queer reserve when questioned as to what he

knew--these seemed more perplexing than ever.

Farnsworth, hoping for light upon these points, settled back in his

chair to listen. Mr. Peaslee had more to say.

"It kinder goes agin the grain," Solomon resumed, with a weary,

deprecatory smile, "to own up you've been actin' like a fool, but I

guess I got to do it.

"This was the way on 't: I stepped over to Ed'ards's jest to talk

over matters and things. Well, I couldn't seem to raise anybody to

the front of the house, so I kinder slid into the boy's room to see

if there wasn't somebody out back. There wa'n't. There didn't seem

to be anybody to home.

"Now, gentlemen, seems as though you'd see how 't was when I

tell ye. There's an old white and yaller cat, with a kinder

sassy patch over her eye,"--Mr. Peaslee's meek voice here

took on a trace of heat,--"that's been a-pesterin' the life

out o' me goin' on a year. I guess ye know how 't is--one of

them pesky, yowlin', chicken-stealin', rusty old nuisances

that hain't any sociability to 'em, anyhow.

"Well, there she was a-settin', comfortable as a hot punkin pie, and

lookin' as if she owned the place. And there was the boy's gun right

there handy. The cat riled me so, I jest loaded her up. 'T wa'n't in

human natur' not to, now was it? 'T wa'n't nothin' but bird shot, so

I sorter stuck in a marble. It couldn't do no harm, and it might

kinder help a leetle. And I just fired her off. I didn't expect to

hit any French Canadian; I didn't know there was any of the critters

round.

"Then when I see a feller fall out of the bushes I was scared, now I

tell ye. Here I was, member of the grand jury, and everything, and

it didn't somehow seem right and fittin' for no member of the grand

jury to be fillin' up a feller human bein' with bird shot an'

marbles. I guess I didn't think much what I was a-doin' of, no-how.

'T any rate, I jest sneaked off home, and then I jest let things

slip along and slide along till here I be. I guess if a true bill's

got to be found agin any one, it's got to be found agin me."

And Mr. Peaslee sank huddled and hopeless into his chair.

His fellow members were for a moment silent. But soon this tale of a

cat, bird shot, and an unexpected Canadian began to disclose a comic

aspect; the plight of poor, respectable Mr. Peaslee, in all the

fresh honors of his jurorship, began to show a ludicrous side; their

own position as grave men seeing what they thought a serious offense

change, as by magic, into a farcical accident, bit by bit revealed

its humor.

Sampson, the foreman, glanced at Paige, the state's attorney. The

young man's face wore an odd expression. Their eyes met, and

Sampson's mouth began to twitch. Albion Small, who was "consid'able

of a joker," suddenly choked. Farnsworth, having revealed to him in

a flash the significance of the harmonica "with harp attachment,"

gave way and laughed outright.

Smiles appeared on faces all round the table; and as the comicality

of the whole affair more and more struck upon their astonished

minds, the smiles became a general laugh, the laugh a roar. And

this mirth had so good-humored a note that Solomon, taking heart,

looked about the table with a sheepish grin.

But his heart sank and his grin vanished when his eyes fell upon

Abijah Keith. For Abijah did not smile. He sat grim as fate, stern

disapproval of all this levity expressed in every deep fold of his

wrinkled old countenance.

A formidable person was Abijah. He had a great brush of white hair,

which stood up fiercely from his narrow forehead; a high, arched

nose like the beak of a hawk, on which rested a pair of huge round

spectacles; a mouth like a straight line inclosed between a great

parenthesis of leathery wrinkles. Up from under his old-fashioned

stock, round a chin like a paving-stone, curled an aggressive,

white, wiry beard, and his blue eyes were steel-bright and hard.

"Can't see what you're cackling so for!" he exclaimed, his shrill

accents full of contempt. "Actin' like a passel of hens! There's a

man shot, ain't they? Somebody shot him, didn't they? He"--and

Abijah pointed a knotted, skinny, hard old finger at the shrinking

Solomon--"he shot him, didn't he? Ser'us business, _I_ call it.

Guess the grand jury's got suthin' to say to it, hain't they? Cat?

Cat's foot, _I_ say. Likely story, likely story. Don't believe a

word on 't."

Solomon dared to steal a look, and was not reassured to see in the

jurymen's faces doubt replacing mirth. Then Hiram Hopkins's hearty

voice, ringing with opposition, struck upon his delighted ear. He

remembered Hiram's dislike for the cantankerous Keith. Here perhaps

was a defender.

"Oh, come, Mr. Keith! Oh, come now!" he heard Hopkins exclaim.

"What's the use of raising a rumpus? It wasn't nothing but bird

shot. Folks don't go murdering folks with bird shot."

"Don't care if 't was bird shot!" came Abijah's snapping tones.

"Don't care if 't was pin-heads; principle's the same."

"It is, it is!" admitted Solomon, in his soul.

"Well," said Hiram, with a common sense in which Mr. Peaslee took

comfort, "the practical effect is mighty different. Gentlemen," he

added to the jurors, "I can't see that we've got any call to go any

further with this. Peaslee was just shooting at a cat. I don't see

the sense of taking up the time of the court and makin' expense for

any such foolishness. I say we'd better dismiss young Edwards's

case, and Peaslee's along with it. It's such fool doings, I think

we'd better, if only to keep folks from laughing at the grand jury."

Solomon's heart was in his mouth. Would the others take this

view--or Keith's?

"Oily talk, dretful oily talk!" came Abijah's fierce pipe. "Don't

take any stock in 't. Shot him, didn't he? Grand juror--what

difference does that make? If they ain't fit, weed 'em out--weed 'em

out!"

"Fit?" said Hiram. "It took some spunk to get up there and tell just

what a fool he'd been, didn't--"

"Humph!" Abijah interrupted, with a snort. "Had to, didn't he?

Farnsworth asked him where he was, didn't he? Had to squirm out

somehow, didn't he? Got about as much spine as a taller candle with

the wick drawed out, accordin' to his own showin'. Better weed him

out, better weed him out! Humph!"

Poor Mr. Peaslee sank still lower in his chair; his head fell still

lower on his chest. They were taking away from him even the credit

of voluntary confession. Why had Farnsworth asked that question? In

casting doubt upon his one brave deed fate seemed to him to have

done its worst.

"He'd got up before I put the question," said Farnsworth.

He wished to be just. But he was indignant with Peaslee. After his

first laughter, his thoughts had dwelt upon the trouble that Solomon

had brought upon the innocent Jim, "just to save his own hide, the

old--skee-zicks!" he exclaimed to himself.

After all, what did he know about Peaslee? If the man had merely

shot at a cat, why under the sun should he not have said so at

once, and saved all this bother? The more he thought, the more

indignant he grew--and the more doubtful. He did not notice at all

the look of timid gratitude which Mr. Peaslee cast in his direction.

"Course he was up before you spoke!" Solomon was further gratified

to hear Hopkins declare, in his big, hearty voice. "And I think a

man who owns up fair and square just when it's hardest to has got

spine enough to hold him together, anyhow."

"Up before ye asked him!" Abijah turned on Farnsworth. "Up for what?

Tell me that, will ye?"

And Solomon, listening anxiously for Farnsworth's answer, was

depressed to hear him give merely a good-humored laugh at Uncle

Abijah's thrust.

"Mr. Peaslee," asked Sampson, so unexpectedly that Solomon jumped,

"didn't you say something about a marble?"

"Yes," said Mr. Peaslee, gloomily.

"Fit the bore, did it?" continued the foreman.

"Slick," answered Mr. Peaslee, with the brevity of despair.

"If that marble fitted the bore," said Albion Small, while Sampson

nodded assent, "it's my opinion it might do considerable damage."

His opinion had weight, for Small was a hunter of repute. Recovered

from their amusement, the grand jurors had become gradually

impressed with the idea that Mr. Peaslee's confession still left

some awkward questions unanswered. If the matter were so simple as

he said, why had he kept silent so long?

The jurymen came from all over the rather large county, and although

they all had some knowledge of the principal men of Ellmington, and

although such of them as had dealings at its bank had met Mr.

Peaslee, none of them knew him well. He was a newcomer at the

village, and when at his farm had not had a wide acquaintance.

They looked to Farnsworth as his fellow townsman to speak for him;

but Farnsworth said nothing, and seemed preoccupied and doubtful.

The inference was that he shared their perplexity. They felt that

Keith, for all his "cantankerousness," might be right. Solomon could

draw no comfort from their faces.

All this while Paige had been playing with his watch-chain and

watching Abijah, whose character he appreciated, with discreet

amusement; but he found himself in essential agreement with the

peppery old fellow.

"Ask the state's attorney, why don't ye?" put in Keith, impatiently.

"He'll tell ye I've got the rights on 't. Ain't afraid, be ye?"

Sampson smiled. "Mr. State's Attorney," he said, turning to Paige,

"I guess perhaps you'd better give us the law of this."

"Well, gentlemen," said Paige, "as a matter of law, Mr. Keith would

seem to be right," and at the word Solomon's spirits sank to new

depths.

"Didn't I tell ye?" said Abijah, triumphantly.

Had the state's attorney said that he was wrong, the old man would

have called him a popinjay to his face. Abijah's exclamation was not

deference to legal knowledge; it was merely quick seizure of a

tactical point.

"Lamoury was shot," Paige went on, with a little smile at Keith's

interruption, "and by his own statement, Mr. Peaslee shot him. On

his own admission, his gun was dangerously loaded. Although a boy, a

neighbor's son, was charged, through his act, with a serious offense

against the laws, he made no confession. And when, at last, he did

speak, it is at least open to debate whether he did it of his own

volition, or because he was forced to do so by the embarrassing

question put to him by one of your number. I don't impugn his

veracity, but I am bound to remark that he is an interested

witness. All this is a question of fact for you to consider.

"I think you should know a little more. To determine if there was

any motive, you need to know if there was any bad blood between Mr.

Peaslee and Lamoury; to find an indictment to fit the case you need

to know how badly Lamoury is hurt. I think you should have Lamoury

here. Cross-questioning him, and perhaps Mr. Peaslee,"--Solomon

shivered,--"should establish whether the shot was accidental, as the

accused says, or intentional, as Lamoury contends. I'll have the

complainant here to-morrow, if it's a possible thing. As there's no

formal charge--as yet--against Mr. Peaslee, I think you may properly

postpone until then the question of entering a complaint or making

an arrest, if necessary,"--Solomon shivered again,--"and of his

proper holding for appearance before the court. Meanwhile, I

suggest that you dispose of the case against young Edwards, and

then adjourn. Mr. Peaslee," he added significantly, "will of course

be present to-morrow morning."

"Sartain, sartain," answered poor Solomon, tremulously.

It was already late, and when the grand jury had formally dismissed

the complaint against Jim, the hour was so advanced that adjournment

was taken for the day. When Mr. Peaslee left the court house no one

spoke to him, and he walked slowly home, full of the worst

forebodings.

Why had he put in that marble? Relieved of his burden of anxiety

and remorse in regard to Jim, he began to think more definitely than

he had done heretofore of the possibility of serious harm to

Lamoury. It was dreadful to think that he might have badly wounded

an inoffensive man. Was Lamoury much hurt? What would happen to a

marble in a shotgun, anyhow? Would he be arrested? Would his case

get to trial? Could he, without a single witness, prove that it was

an accident? The sinister figure of Jake Hibbard rose before him,

and made him feel helpless and frightened. The future looked black.

"But I done right," he tried to console himself by saying. "I done

right."

The Calico Cat · 第 3 / 4 段