Part 19

Barbara, at her uncle's house, had not been able to go to bed. Tom's fate, she knew, would be decided the next day, and whatever of hope there might be for him was hidden in the mind of his lawyer. Mrs. Grayson had involuntarily fallen into a slumber, and the anxious Barbara sat by her in the darkness, wishing for the coming of the day, whose coming was nevertheless dreadful to her. The sound of a wagon rattling in another street startled her; she went to the window and strained her eyes against the darkness outside of the glass. Though she could not suspect that in the wagon was Bob McCord hurrying to the rescue of Tom, she was yet full of vague and indistinct forebodings. She wished she might have passed the night in the jail. A little after midnight she thought she heard a sound as of horses' feet: again she went to the window, but she could not see or hear anything. Then again she heard it: there could be no mistake now; she could make out plainly the confused thudding of many hoofs on the unpaved road. Presently, from sound rather than from sight, she knew that a considerable troop of horsemen were passing in front of her uncle's house. She left the room quietly, and spoke to her uncle as she passed his door; but without waiting for him she went out into the street and ran a little way after the horsemen, stopping, hearkening, turning this way and that in her indecision, and at length, after groping among the trees and stumps in the public square, reached the jail.

Jake Hogan had sent forward two men to watch the prison, while he with his main force surrounded Plunkett's house. The sheriff had obediently kept his place where Bob had laid him, in the middle of the floor, until he got into a chill. Then, as he heard no sound outside of the house, his courage revived, and he crept back into bed.

Jake had come prepared to play the bully, according to agreement, in order to save Plunkett's reputation for courage and fidelity, but he was disconcerted at finding the door of the house wide open; he had not expected that things would be made so easy. After stumbling over the fallen door-facing, he boldly mounted the stairs with as much noise as possible. Entering Plunkett's bedroom, he cried out in what he conceived to be his most impressive tones:

"Gin up the keys of that ar jail, ur your time has come."

"What air you up to now?" cried the sheriff, angry at this second visit. "You knocked me down and got the keys nigh on to an hour ago. Now what in thunderation does this hullabaloo mean, I want to know."

"Wha' choo talkin'?" said Jake. "We hain't on'y jest got yer."

"Only just got here?" said the sheriff, rising up in bed. "Only just come? Then there's another crowd that must 'a' done the business ahead of you. There was more 'n forty men surrounded this house awhile ago, and beat down my door, and come upstairs here in this room, and knocked me down and choked me black and blue and went off with the keys. I guess they've hung Tom and gone before this."

"Looky h-yer now, we don't want no more uv your tricks. We're the on'y party out to-night, sartin shore, un we're boun' to have them air keys ur die," said Jake, tragically. "You might's well gin 'em up fust _as_ last, Hank Plunkett, un save yourself trouble."

"Well, if you want 'em, you'll have to look 'em up," said the sheriff. "I haven't got 'em, and I'll be hanged if I know who has. I was knocked down and nearly killed by a whole lot of men. Kill me, if you've got a mind to, but you won't find the keys in this house. So there now." And he lay back on his pillow.

"Come on, boys; we'll s'arch the jail. Un ef we've been fooled weth, Hank Plunkett'll have to pay fer it."

With that the Broad Run boys departed and the sheriff got up and dressed himself. There was a mystery about two lynching parties in one night; and there might be something in it that would affect his bond or his political prospects if it were not looked into at once. He resolved to alarm the town.

At the jail door Hogan encountered Barbara piteously begging the men to spare her brother's life.

"Looky h-yer," he said, in a graveyard voice, "this ain't no kind uv a place fer women folks. You go 'way."

"No, I won't go away. I'm Tom's sister and I won't leave him. You mustn't shoot him. He didn't kill George Lockwood."

"You mus' go 'way, ur you'll git shot yer own self," said Jake.

"Well, shoot me--d' you think I care? I'd rather die with Tom. I know your voice, Jake Hogan; and if you kill Tom you'll be a murderer, for he isn't."

"Take her away, boys," said Jake, a little shaken by this unexpected appeal. But nobody offered to remove Barbara. All of these rude fellows were touched at sight of her tears. It had not occurred to them to take into account the sister or the mother when they thoughtlessly resolved to hang Tom. But the path of the reformer is always beset by such thorns.

"Down weth that ar door!" cried Jake, not to be baffled in his resolution, and convinced by Barbara's solicitude that Tom was certainly within. There was reason for haste too, for the villagers were already stirring, and there might be opposition to his summary proceedings. But pompous commands have not much effect on heavy doors, and Jake found that this one would not down so easily as he hoped. Jake began pounding on it with the poll of an ax borrowed from a neighboring wood-pile, and meanwhile dispatched two men to break open the blacksmith shop and fetch a sledge-hammer. But S'manthy's boy, on his own motion, went around to the back of the jail with the purpose of trying the window. Finding it as Bob had left it, with the grating torn out, he entered the jail and penetrated to the dungeon, coming back presently to tell Jake that he had found the window out, the dungeon door open, and Tom "clean gone."

"Thunder!" said Jake, dropping his ax. "Who could they be? The shuruff says they wuz more 'n forty on 'em; so they couldn't be rescuers. They hain't ten men in the wide worl' 'at thinks Tom's innercent. Like 's not it's a lot uv fellers f'um the south-east of the k-younty, down to_wards_ Hardscrabble, whar Lockwood had some kin. They've hung him summers. Let's ride 'roun' un see ef we kin fin' any traces. Un ef Hank Plunkett has played a trick, we'll git squar' some day, ur my name hain't Hogan."

The men mounted and rode off. Barbara, who stood by in agony while Jake beat upon the door, and who had heard the report that Tom was gone, could not resist the despairing conclusion that he must have suffered death. In her broken-hearted perplexity she could think of nothing better than to hurry to the tavern where Hiram Mason was a boarder. Half the people of the village were by this time in the streets, running here and there and saying the most contradictory things. Mason had been awakened with the rest, and by the time Barbara reached the tavern door, she encountered him coming out.

"W'y, Barbara! for goodness' sake, what brought you out? What _has_ happened?" he said.

"O Mr. Mason! I'm afraid Tom's dead. I ran after Jake Hogan and his men when I heard them pass, and begged Jake to let Tom off. They tried to drive me away, but I staid; and when they got into jail, Tom wasn't there. Jake said that the sheriff said he had been taken away and lynched by more than forty men. Oh, if they have killed the poor boy!"

"Maybe it isn't so bad," said Hiram, as he took her left hand in his right and led her, as he might have led a weeping child, along the dark street toward her uncle's house. "Don't cry any more, Barbara!"

"I shouldn't wonder," he said, after a while, "if Bob McCord knows something of this."

"But we left him at home to-night," said Barbara; and then she began to weep again, and to say over and over in an undertone, "O my poor Tom!"

Mason could not say any more. He only grasped her hand the more firmly in his and walked on. Presently a wagon came across the walk just in front of them, issuing from an alley.

"That's Butts's wagon, and that's his bay colt, I do believe," said Barbara, looking sharply at the dark silhouette of the horse. "I know the way that horse carries his head. I wonder if Butts has been mean enough to have anything to do with this wicked business."

What Barbara saw was Zeke Tucker hastening to replace the horse in the stable, while Bob remained in town to keep a furtive watch over the court-house till morning. Mason thought he saw some one moving in the alley, and a detective impulse seized him.

"Stay here a moment, Barbara," he said, and letting go of her hand he ran into the alley and came plump upon the burly form of Bob McCord.

"It's all right, Mr. Mason," chuckled Bob. "Tom's safe 'n' soun' where they'll never find him. By thunder!" And Bob looked ready to explode with laughter; the whole thing was to him one of the best of jokes.

"Come and tell Barbara," said Mason.

Bob came out of the alley to where Barbara was standing near the white-spotted trunk of a young sycamore, and recounted briefly how he had fooled Butts, and how he had got the keys from Plunkett. His resonant laughter grated on Barbara's feelings, but she was too grateful to him to resent the rudeness of his nature.

"Where is Tom?" Barbara asked.

"Oh! I'm a-playin' Abe Lincoln," said Bob in a whisper. "The fewer that knows, the better it'll be. Tom says he won't light out, unless Abra'm says to. Speak'n' of Abe Lincoln," he said, "I don't want to be seed weth him to-night. You go back, Mr. Mason, un tell Abe 't Tom's safe. Ef he thinks Tom's chances is better to stan' trial, w'y, he'll find 'im in the court-house to-morry when the court wants 'im, shore as shootin'. He's on'y out on bail to-night," said Bob, unwilling to lose his joke. "But ef Abe thinks Tom hain't got no chance afore a jury, let 'im jest wink one eye, kind-uh, un 'fore daybreak I'll have the boy tucked into a bear's hole 't I know of, un he kin lay there safe fer a week un then put out for Wisconsin, ur Missouri, ur the Ioway country. You go 'n' let Abe know, un I'll see Barb'ry safe home--she won't gimme the mitten to-night, I 'low." And Bob chuckled heartily; life was all so droll to this man, blessed with a perfect digestion and not worried by any considerable sense of responsibility.

Mason went up to Lincoln's room and awakened him to tell him the story of the night. The lawyer's face relaxed, and at length he broke into a merry but restrained laughter. He saw almost as much fun in it as Bob McCord had, and Mason felt a little out of patience that he should be so much amused over such a life-and-death affair.

"Tom doesn't want to be an outlaw," said Lincoln very gravely, when the question of Tom's going or staying was put to him. "I don't believe he could escape; and if he did, life would hardly be worth the having. There is only just one chance of proving his innocence, but I think he'd better stay and take that. Maybe we'll fail; if we do, it may yet be time enough to fall back on Bob and his bear's hole. By the way, where has Bob stowed Tom for the night?"

"Bob won't tell," said Mason. "He says he's playing Abe Lincoln; and the fewer that know, the better."

Lincoln laughed again, and nodded his head approvingly. "So he brings Tom to court in good time," he said.

Mason went out and encountered Bob in the street, and gave him Lincoln's decision. Then Hiram went and told Barbara about it, and sat with her and her mother until morning. A while before daybreak, finding the town free from any person disposed to molest Tom, Bob came to Barbara and had her make a cup of coffee and give him a sandwich or two. These he took out of the back gate of the Grayson garden and left them with Tom in the court-house.

The next morning at half-past 6 o'clock the lawyers of the circuit took their seats at the breakfast-table in the meagerly furnished, fly-specked dining-room of the tavern, the windows of which were decorated with limp chintz curtains, and the space of which was entirely filled with the odors of coffee and fried ham, mingled with smells emitted by the rough-coat plastering and the poplar of the woodwork: this compound odor of the building was a genius of the place. The old judge, who sat at the end of the table opposite to that occupied by the landlady, spread his red silk handkerchief across his lap preparatory to beginning his meal, and looked up from under his overhanging brows at Lincoln, who was just taking his seat.

"What's this, Lincoln? I hear your client was carried off last night by a mob of forty or fifty men and probably hanged. And you don't even get up early to see about it."

"My client will be in court this morning, Judge," said the lawyer, looking up from his plate.

"What!"

"I am informed that he is in a safe place, and he will be ready for trial this morning."

"Where is he?" asked the judge, looking penetratingly at Lincoln.

[Illustration: "'WHERE IS HE?' ASKED THE JUDGE."]

"I should be glad to tell your Honor; but the fact is, I can't manage to find out myself."

Then one of the other lawyers spoke up. "Lincoln, from what you say, I suppose the first mob took Grayson to save him from the second. But I don't see how the Old Boy you raised forty men on your side. I wouldn't have believed that the poor devil had so many friends."

"I? I didn't raise any men. I was sound asleep, and didn't know a word about it until the row was all over."

After breakfast there was much discussion of the case among the lawyers standing in a group in the bar-room. What would Lincoln do? Why had he not moved for a change of venue? Why had he subpoenaed no witnesses? Would he plead necessary self-defense, or would Tom plead guilty and throw himself on the mercy of the governor?

The sheriff was very active in the latter part of the night in telling his story and in making a display of zeal. It was he who had taken time by the forelock in telling the judge all about the events of the night; how his door had been beaten in by a great mob; how he had been rudely knocked down and choked until he was almost insensible; and how pistols had been cocked and placed against his head. Then he told of the coming of the second mob. He did not know which way Tom had been taken, or whether he had been hanged or not, but he had sent the deputy to make inquiries.

In making an examination of the prison after daylight, Sheriff Plunkett found the keys of the jail inside of the hall-way, as though they had been thrown in at the broken-down window. When he went to force the court-house door, the key belonging to it was found lying on the doorstep; and when on opening the door he saw Tom with his manacles on, awaiting him, his surprise was complete.

"I thought you'd been hung," he said.

"Not yet," said Tom, grimly.

"Say, where did that mob come from that got you out?"

"You can't question me," said Tom. "I'm not a witness to-day; I'm a prisoner."

Many of the excited people, moved by the restive longings of a vague curiosity, had followed the sheriff into the court-room, and the news of Tom's presence there soon spread throughout the village. There were already all sorts of contradictory and exciting rumors in the streets about the events of the preceding night; women let their breakfast coffee boil over while they discussed the affair across back fences; men almost forgot to eat anything in their eagerness for news; country people were flocking in by all the roads and listening to all sorts of contradictory tales told by the villagers. When it became known that Tom was alive and awaiting his trial there was a general rush to secure seats, and the court-room was filled long before the bell in its belfry had announced the hour for the trial to begin.

XXVI

CIRCUMSTANTIAL EVIDENCE

At last the sheriff's new deputy went up the court-house stairs, and pulled away on the rope that rattled the bell in the belfry--a bell that uttered its notes in irregular groups, now pausing for breath, and now sending one hurried stroke clattering hard on the heels of another. Its clanking had no more dignity than the words of a gossip eagerly tattling small news. While the bell was yet banging, Judge Watkins's iron-gray head and stooped shoulders appeared; he pushed his way slowly through the press, his brows contracted in impatience at finding even the physical progress of the court obstructed by the vulgar. The people squeezed themselves as nearly flat as possible in the endeavor to make way for his Honor, of whom they were as much in awe as school-boys of a stern master. Bob McCord, erect in the aisle, was an island in the very channel, and the most serious obstacle to the judge's passage; nor did it help things for Bob to turn sidewise, for he was equally obtrusive in all his dimensions. The judge was a good deal ruffled in his endeavors to pull by him.

"I wish I _wuz_ littler, Jedge," said Bob, with a fearless laugh that startled the bystanders, "but I can't seem to take myself in another eench."

The dyspeptic judge was not without a sense of humor. It would be a derogation from his dignity to say that he smiled at Bob's apology; but certainly there was a little relaxation of his brows, and a less severe set to his lips, when he finally edged past and left the crowd to close around Big Bob again.

The judge began the session by ordering the sheriff to bring in the grand jury. This in turn was no easy task; but at length that body succeeded in descending the stairs, defiling through the aisle, and getting into the jury box. In a few words, precise and tart, the judge charged the grand jurymen to inquire into two lawless attacks which had been made on the sheriff during the night; into the conduct of the sheriff; and into the evidently insecure condition of the county jail. Then, when the members of the grand inquest had reluctantly made their painful way up the stairs to their room overhead, the judge called the case of _The People of the State of Illinois versus Thomas Grayson, Junior_, and there was a hush in the crowded court-room.

Tom sat regarding the crowd with such feelings as a gladiator doomed to mortal combat might have had in looking on the curious spectators in the Coliseum. Mrs. Grayson and Barbara had been provided with chairs within the bar; but on his mother and sister Tom did not dare to let his eyes rest. He saw, however, without looking directly at them, that little Janet was standing by Barbara, and that his uncle sat with crest-fallen face by his mother's side, and that his Aunt Charlotte had not come at all. Just outside of the bar, but immediately behind Mrs. Grayson, so as to form one of the group, stood Hiram Mason, erect and unblushing. One of the landmarks on which Tom's gaze rested oftenest was the burly form and round, ruddy face of Big Bob McCord, half way between the judge and the door. And at one of the open windows there presently appeared the lank countenance of Jake Hogan, who had climbed up from the outside, with the notion that he was somehow bound to supervise the administration of public justice. He managed with difficulty to get perching-room on the window-sill. Into two of the raised back seats a group of women had squeezed themselves to their last density, and among them, singular and conspicuous as she always was, sat Rachel Albaugh. Tom's was not the only eye that observed her; the lawyers from other counties were asking one another who she was, and she had even attracted the attention of the judge himself; for a gallant interest in good-looking women lingers late in a Virginia gentleman, no matter how austere his mold. At a pause in the preliminary proceedings the judge spoke to the clerk, sitting just below and in front of him, at a raised desk.

"Magill, who is that girl?" he asked.

"Which one, Judge?" queried Magill, pretending to be in doubt.

"You needn't look so innocent. Of course I mean the one a modest man can't look at without being a little ashamed of himself. You know her well enough, I'm sure."

"I s'pose yer Honor manes John Albaugh's daughter," said Magill. "She's the one that's at the bottom of all this row, they say."

As soon as the judge heard that Rachel's beauty had something to do with the case in hand he fell back into his official reserve, as though he felt a scruple that to talk about her, or even to take note of her beauty, might be, in some sort, a receiving of evidence not properly before the court.

The jury was very soon impaneled, for in that day entire ignorance of the matter in hand was not thought indispensable to a wise decision. Lincoln made no objection to any of the names drawn for jurymen except that of Abijah Grimes, of Broad Run Township. The exclusion of Bijy's open countenance from the jury box was another blow to Jake Hogan's faith in the institutions of the land. His brow visibly darkened; here was one more sign that a rich man's nephew could not be punished, and that a poor man hadn't no kind uv a chance in sech a dodrotted country. No time was spent in an opening speech; the preliminary oratory, by which our metropolitan barristers consume the time of an indulgent court and make a show of earning their preposterous fees, was rarely indulged in that simpler land and time. The fees paid, indeed, would not have justified the making of two speeches.