"You haint lost a spec o' yo' good looks, Juny."

June laughed without a flush—she would have reddened to the roots of her hair two years before.

"I'm feelin' right peart, thank ye," she said, dropping consciously into the vernacular; but there was a something in her voice that was vaguely felt by all as a part of the universal strangeness that was in her erect bearing, her proud head, her deep eyes that looked so straight into their own—a strangeness that was in that belt and those stockings and those shoes, inconspicuous as they were, to which she saw every eye in time covertly wandering as to tangible symbols of a mystery that was beyond their ken. Old Hon and the step-mother alone talked at first, and the others, even Loretta, said never a word.

"Jack Hale must have been in a mighty big hurry," quavered the old step-mother. "June ain't goin' to be with us long, I'm afeerd:" and, without looking up, June knew the wireless significance of the speech was going around from eye to eye, but calmly she pulled her thread through a green pod and said calmly, with a little enigmatical shake of her head:

"I—don't know—I don't know."

Young Dave's mother was encouraged and all her efforts at good-humour could not quite draw the sting of a spiteful plaint from her voice.

"I reckon she'd never git away, if my boy Dave had the sayin' of it." There was a subdued titter at this, but Bub had come in from the stable and had dropped on the edge of the porch. He broke in hotly:

"You jest let June alone, Aunt Tilly, you'll have yo' hands full if you keep yo' eye on Loretty thar."

Already when somebody was saying something about the feud, as June came around the corner, her quick eye had seen Loretta bend her head swiftly over her work to hide the flush of her face. Now Loretta turned scarlet as the step-mother spoke severely:

"You hush, Bub," and Bub rose and stalked into the house. Aunt Tilly was leaning back in her chair—gasping—and consternation smote the group. June rose suddenly with her string of dangling beans.

"I haven't shown you my room, Loretty. Don't you want to see it? Come on, all of you," she added to the girls, and they and Loretta with one swift look of gratitude rose shyly and trooped shyly within where they looked in wide-mouthed wonder at the marvellous things that room contained. The older women followed to share sight of the miracle, and all stood looking from one thing to another, some with their hands behind them as though to thwart the temptation to touch, and all saying merely:

"My! My!"

None of them had ever seen a piano before and June must play the "shiny contraption" and sing a song. It was only curiosity and astonishment that she evoked when her swift fingers began running over the keys from one end of the board to the other, astonishment at the gymnastic quality of the performance, and only astonishment when her lovely voice set the very walls of the little room to vibrating with a dramatic love song that was about as intelligible to them as a problem in calculus, and June flushed and then smiled with quick understanding at the dry comment that rose from Aunt Tilly behind:

"She shorely can holler some!"

She couldn't play "Sourwood Mountain" on the piano—nor "Jinny git Aroun'," nor "Soapsuds over the Fence," but with a sudden inspiration she went back to an old hymn that they all knew, and at the end she won the tribute of an awed silence that made them file back to the beans on the porch. Loretta lingered a moment and when June closed the piano and the two girls went into the main room, a tall figure, entering, stopped in the door and stared at June without speaking:

"Why, howdye, Uncle Rufe," said Loretta. "This is June. You didn't know her, did ye?" The man laughed. Something in June's bearing made him take off his hat; he came forward to shake hands, and June looked up into a pair of bold black eyes that stirred within her again the vague fears of her childhood. She had been afraid of him when she was a child, and it was the old fear aroused that made her recall him by his eyes now. His beard was gone and he was much changed. She trembled when she shook hands with him and she did not call him by his name Old Judd came in, and a moment later the two men and Bub sat on the porch while the women worked, and when June rose again to go indoors, she felt the newcomer's bold eyes take her slowly in from head to foot and she turned crimson. This was the terror among the Tollivers—Bad Rufe, come back from the West to take part in the feud. HE saw the belt and the stockings and the shoes, the white column of her throat and the proud set of her gold-crowned head; HE knew what they meant, he made her feel that he knew, and later he managed to catch her eyes once with an amused, half-contemptuous glance at the simple untravelled folk about them, that said plainly how well he knew they two were set apart from them, and she shrank fearfully from the comradeship that the glance implied and would look at him no more. He knew everything that was going on in the mountains. He had come back "ready for business," he said. When he made ready to go, June went to her room and stayed there, but she heard him say to her father that he was going over to the Gap, and with a laugh that chilled her soul:

"I'm goin' over to kill me a policeman." And her father warned gruffly:

"You better keep away from thar. You don't understand them fellers." And she heard Rufe's brutal laugh again, and as he rode into the creek his horse stumbled and she saw him cut cruelly at the poor beast's ears with the rawhide quirt that he carried. She was glad when all went home, and the only ray of sunlight in the day for her radiated from Uncle Billy's face when, at sunset, he came to take old Hon home. The old miller was the one unchanged soul to her in that he was the one soul that could see no change in June. He called her "baby" in the old way, and he talked to her now as he had talked to her as a child. He took her aside to ask her if she knew that Hale had got his license to marry, and when she shook her head, his round, red face lighted up with the benediction of a rising sun:

"Well, that's what he's done, baby, an' he's axed me to marry ye," he added, with boyish pride, "he's axed ME."

And June choked, her eyes filled, and she was dumb, but Uncle Billy could not see that it meant distress and not joy. He just put his arm around her and whispered:

"I ain't told a soul, baby—not a soul."

She went to bed and to sleep with Hale's face in the dream-mist of her brain, and Uncle Billy's, and the bold, black eyes of Bad Rufe Tolliver—all fused, blurred, indistinguishable. Then suddenly Rufe's words struck that brain, word by word, like the clanging terror of a frightened bell.

"I'm goin' to kill me a policeman." And with the last word, it seemed, she sprang upright in bed, clutching the coverlid convulsively. Daylight was showing gray through her window. She heard a swift step up the steps, across the porch, the rattle of the door-chain, her father's quick call, then the rumble of two men's voices, and she knew as well what had happened as though she had heard every word they uttered. Rufe had killed him a policeman—perhaps John Hale—and with terror clutching her heart she sprang to the floor, and as she dropped the old purple gown over her shoulders, she heard the scurry of feet across the back porch—feet that ran swiftly but cautiously, and left the sound of them at the edge of the woods. She heard the back door close softly, the creaking of the bed as her father lay down again, and then a sudden splashing in the creek. Kneeling at the window, she saw strange horsemen pushing toward the gate where one threw himself from his saddle, strode swiftly toward the steps, and her lips unconsciously made soft, little, inarticulate cries of joy—for the stern, gray face under the hat of the man was the face of John Hale. After him pushed other men—fully armed—whom he motioned to either side of the cabin to the rear. By his side was Bob Berkley, and behind him was a red-headed Falin whom she well remembered. Within twenty feet, she was looking into that gray face, when the set lips of it opened in a loud command: "Hello!" She heard her father's bed creak again, again the rattle of the door-chain, and then old Judd stepped on the porch with a revolver in each hand.

"Hello!" he answered sternly.

"Judd," said Hale sharply—and June had never heard that tone from him before—"a man with a black moustache killed one of our men over in the Gap yesterday and we've tracked him over here. There's his horse—and we saw him go into that door. We want him."

"Do you know who the feller is?" asked old Judd calmly.

"No," said Hale quickly. And then, with equal calm:

"Hit was my brother," and the old man's mouth closed like a vise. Had the last word been a stone striking his ear, Hale could hardly have been more stunned. Again he called and almost gently:

"Watch the rear, there," and then gently he turned to Devil Judd.

"Judd, your brother shot a man at the Gap—without excuse or warning. He was an officer and a friend of mine, but if he were a stranger—we want him just the same. Is he here?"

Judd looked at the red-headed man behind Hale.

"So you're turned on the Falin side now, have ye?" he said contemptuously.

"Is he here?" repeated Hale.

"Yes, an' you can't have him." Without a move toward his pistol Hale stepped forward, and June saw her father's big right hand tighten on his huge pistol, and with a low cry she sprang to her feet.

"I'm an officer of the law," Hale said, "stand aside, Judd!" Bub leaped to the door with a Winchester—his eyes wild and his face white.

"Watch out, men!" Hale called, and as the men raised their guns there was a shriek inside the cabin and June stood at Bub's side, barefooted, her hair tumbled about her shoulders, and her hand clutching the little cross at her throat.

"Stop!" she shrieked. "He isn't here. He's—he's gone!" For a moment a sudden sickness smote Hale's face, then Devil Judd's ruse flashed to him and, wheeling, he sprang to the ground.

"Quick!" he shouted, with a sweep of his hand right and left. "Up those hollows! Lead those horses up to the Pine and wait. Quick!"

Already the men were running as he directed and Hale, followed by Bob and the Falin, rushed around the corner of the house. Old Judd's nostrils were quivering, and with his pistols dangling in his hands he walked to the gate, listening to the sounds of the pursuit.

"They'll never ketch him," he said, coming back, and then he dropped into a chair and sat in silence a long time. June reappeared, her face still white and her temples throbbing, for the sun was rising on days of darkness for her. Devil Judd did not even look at her.

"I reckon you ain't goin' to marry John Hale."

"No, Dad," said June.



XXV

Thus Fate did not wait until Election Day for the thing Hale most dreaded—a clash that would involve the guard in the Tolliver-Falin troubles over the hills. There had been simply a preliminary political gathering at the Gap the day before, but it had been a crucial day for the guard from a cloudy sunrise to a tragic sunset. Early that morning, Mockaby, the town-sergeant, had stepped into the street freshly shaven, with polished boots, and in his best clothes for the eyes of his sweetheart, who was to come up that day to the Gap from Lee. Before sunset he died with those boots on, while the sweetheart, unknowing, was bound on her happy way homeward, and Rufe Tolliver, who had shot Mockaby, was clattering through the Gap in flight for Lonesome Cove.

As far as anybody knew, there had been but one Tolliver and one Falin in town that day, though many had noticed the tall Western-looking stranger who, early in the afternoon, had ridden across the bridge over the North Fork, but he was quiet and well-behaved, he merged into the crowd and through the rest of the afternoon was in no way conspicuous, even when the one Tolliver and the one Falin got into a fight in front of the speaker's stand and the riot started which came near ending in a bloody battle. The Falin was clearly blameless and was let go at once. This angered the many friends of the Tolliver, and when he was arrested there was an attempt at rescue, and the Tolliver was dragged to the calaboose behind a slowly retiring line of policemen, who were jabbing the rescuers back with the muzzles of cocked Winchesters. It was just when it was all over, and the Tolliver was safely jailed, that Bad Rufe galloped up to the calaboose, shaking with rage, for he had just learned that the prisoner was a Tolliver. He saw how useless interference was, but he swung from his horse, threw the reins over its head after the Western fashion and strode up to Hale.

"You the captain of this guard?"

"Yes," said Hale; "and you?" Rufe shook his head with angry impatience, and Hale, thinking he had some communication to make, ignored his refusal to answer.

"I hear that a fellow can't blow a whistle or holler, or shoot off his pistol in this town without gittin' arrested."

"That's true—why?" Rufe's black eyes gleamed vindictively.

"Nothin'," he said, and he turned to his horse.

Ten minutes later, as Mockaby was passing down the dummy track, a whistle was blown on the river bank, a high yell was raised, a pistol shot quickly followed and he started for the sound of them on a run. A few minutes later three more pistol shots rang out, and Hale rushed to the river bank to find Mockaby stretched out on the ground, dying, and a mountaineer lout pointing after a man on horseback, who was making at a swift gallop for the mouth of the gap and the hills.

"He done it," said the lout in a frightened way; "but I don't know who he was."

Within half an hour ten horsemen were clattering after the murderer, headed by Hale, Logan, and the Infant of the Guard. Where the road forked, a woman with a child in her arms said she had seen a tall, black-eyed man with a black moustache gallop up the right fork. She no more knew who he was than any of the pursuers. Three miles up that fork they came upon a red-headed man leading his horse from a mountaineer's yard.

"He went up the mountain," the red-haired man said, pointing to the trail of the Lonesome Pine. "He's gone over the line. Whut's he done—killed somebody?"

"Yes," said Hale shortly, starting up his horse.

"I wish I'd a-knowed you was atter him. I'm sheriff over thar."

Now they were without warrant or requisition, and Hale, pulling in, said sharply:

"We want that fellow. He killed a man at the Gap. If we catch him over the line, we want you to hold him for us. Come along!" The red-headed sheriff sprang on his horse and grinned eagerly:

"I'm your man."

"Who was that fellow?" asked Hale as they galloped. The sheriff denied knowledge with a shake of his head.

"What's your name?" The sheriff looked sharply at him for the effect of his answer.

"Jim Falin." And Hale looked sharply back at him. He was one of the Falins who long, long ago had gone to the Gap for young Dave Tolliver, and now the Falin grinned at Hale.

"I know you—all right." No wonder the Falin chuckled at this Heaven-born chance to get a Tolliver into trouble.

At the Lonesome Pine the traces of the fugitive's horse swerved along the mountain top—the shoe of the right forefoot being broken in half. That swerve was a blind and the sheriff knew it, but he knew where Rufe Tolliver would go and that there would be plenty of time to get him. Moreover, he had a purpose of his own and a secret fear that it might be thwarted, so, without a word, he followed the trail till darkness hid it and they had to wait until the moon rose. Then as they started again, the sheriff said:

"Wait a minute," and plunged down the mountain side on foot. A few minutes later he hallooed for Hale, and down there showed him the tracks doubling backward along a foot-path.

"Regular rabbit, ain't he?" chuckled the sheriff, and back they went to the trail again on which two hundred yards below the Pine they saw the tracks pointing again to Lonesome Cove.

On down the trail they went, and at the top of the spur that overlooked Lonesome Cove, the Falin sheriff pulled in suddenly and got off his horse. There the tracks swerved again into the bushes.

"He's goin' to wait till daylight, fer fear somebody's follered him. He'll come in back o' Devil Judd's."

"How do you know he's going to Devil Judd's?" asked Hale.

"Whar else would he go?" asked the Falin with a sweep of his arm toward the moonlit wilderness. "Thar ain't but one house that way fer ten miles—and nobody lives thar."

"How do you know that he's going to any house?" asked Hale impatiently. "He may be getting out of the mountains."

"D'you ever know a feller to leave these mountains jus' because he'd killed a man? How'd you foller him at night? How'd you ever ketch him with his start? What'd he turn that way fer, if he wasn't goin' to Judd's—why d'n't he keep on down the river? If he's gone, he's gone. If he ain't, he'll be at Devil Judd's at daybreak if he ain't thar now."

"What do you want to do?"

"Go on down with the hosses, hide 'em in the bushes an' wait."

"Maybe he's already heard us coming down the mountain."

"That's the only thing I'm afeerd of," said the Falin calmly. "But whut I'm tellin' you's our only chance."

"How do you know he won't hear us going down? Why not leave the horses?"

"We might need the hosses, and hit's mud and sand all the way—you ought to know that."

Hale did know that; so on they went quietly and hid their horses aside from the road near the place where Hale had fished when he first went to Lonesome Cove. There the Falin disappeared on foot.

"Do you trust him?" asked Hale, turning to Budd, and Budd laughed.

"I reckon you can trust a Falin against a friend of a Tolliver, or t'other way round—any time." Within half an hour the Falin came back with the news that there were no signs that the fugitive had yet come in.

"No use surrounding the house now," he said, "he might see one of us first when he comes in an' git away. We'll do that atter daylight."

And at daylight they saw the fugitive ride out of the woods at the back of the house and boldly around to the front of the house, where he left his horse in the yard and disappeared.

"Now send three men to ketch him if he runs out the back way—quick!" said the Falin. "Hit'll take 'em twenty minutes to git thar through the woods. Soon's they git thar, let one of 'em shoot his pistol off an' that'll be the signal fer us."

The three men started swiftly, but the pistol shot came before they had gone a hundred yards, for one of the three—a new man and unaccustomed to the use of fire-arms, stumbled over a root while he was seeing that his pistol was in order and let it go off accidentally.

"No time to waste now," the Falin called sharply. "Git on yo' hosses and git!" Then the rush was made and when they gave up the chase at noon that day, the sheriff looked Hale squarely in the eye when Hale sharply asked him a question:

"Why didn't you tell me who that man was?"

"Because I was afeerd you wouldn't go to Devil Judd's atter him. I know better now," and he shook his head, for he did not understand. And so Hale at the head of the disappointed Guard went back to the Gap, and when, next day, they laid Mockaby away in the thinly populated little graveyard that rested in the hollow of the river's arm, the spirit of law and order in the heart of every guard gave way to the spirit of revenge, and the grass would grow under the feet of none until Rufe Tolliver was caught and the death-debt of the law was paid with death.

That purpose was no less firm in the heart of Hale, and he turned away from the grave, sick with the trick that Fate had lost no time in playing him; for he was a Falin now in the eyes of both factions and an enemy—even to June.

The weeks dragged slowly along, and June sank slowly toward the depths with every fresh realization of the trap of circumstance into which she had fallen. She had dim memories of just such a state of affairs when she was a child, for the feud was on now and the three things that governed the life of the cabin in Lonesome Cove were hate, caution, and fear.

Bub and her father worked in the fields with their Winchesters close at hand, and June was never easy if they were outside the house. If somebody shouted "hello"—that universal hail of friend or enemy in the mountains—from the gate after dark, one or the other would go out the back door and answer from the shelter of the corner of the house. Neither sat by the light of the fire where he could be seen through the window nor carried a candle from one room to the other. And when either rode down the river, June must ride behind him to prevent ambush from the bushes, for no Kentucky mountaineer, even to kill his worst enemy, will risk harming a woman. Sometimes Loretta would come and spend the day, and she seemed little less distressed than June. Dave was constantly in and out, and several times June had seen the Red Fox hanging around. Always the talk was of the feud. The killing of this Tolliver and of that long ago was rehearsed over and over; all the wrongs the family had suffered at the hands of the Falins were retold, and in spite of herself June felt the old hatred of her childhood reawakening against them so fiercely that she was startled: and she knew that if she were a man she would be as ready now to take up a Winchester against the Falins as though she had known no other life.

Loretta got no comfort from her in her tentative efforts to talk of Buck Falin, and once, indeed, June gave her a scathing rebuke. With every day her feeling for her father and Bub was knit a little more closely, and toward Dave grew a little more kindly. She had her moods even against Hale, but they always ended in a storm of helpless tears. Her father said little of Hale, but that little was enough. Young Dave was openly exultant when he heard of the favouritism shown a Falin by the Guard at the Gap, the effort Hale had made to catch Rufe Tolliver and his well-known purpose yet to capture him; for the Guard maintained a fund for the arrest and prosecution of criminals, and the reward it offered for Rufe, dead or alive, was known by everybody on both sides of the State line. For nearly a week no word was heard of the fugitive, and then one night, after supper, while June was sitting at the fire, the back door was opened, Rufe slid like a snake within, and when June sprang to her feet with a sharp cry of terror, he gave his brutal laugh:

"Don't take much to skeer you—does it?" Shuddering she felt his evil eyes sweep her from head to foot, for the beast within was always unleashed and ever ready to spring, and she dropped back into her seat, speechless. Young Dave, entering from the kitchen, saw Rufe's look and the hostile lightning of his own eyes flashed at his foster-uncle, who knew straightway that he must not for his own safety strain the boy's jealousy too far.

"You oughtn't to 'a' done it, Rufe," said old Judd a little later, and he shook his head. Again Rufe laughed:

"No—" he said with a quick pacificatory look to young Dave, "not to HIM!" The swift gritting of Dave's teeth showed that he knew what was meant, and without warning the instinct of a protecting tigress leaped within June. She had seen and had been grateful for the look Dave gave the outlaw, but without a word she rose new and went to her own room. While she sat at her window, her step-mother came out the back door and left it open for a moment. Through it June could hear the talk:

"No," said her father, "she ain't goin' to marry him." Dave grunted and Rufe's voice came again:

"Ain't no danger, I reckon, of her tellin' on me?"

"No," said her father gruffly, and the door banged.

No, thought June, she wouldn't, even without her father's trust, though she loathed the man, and he was the only thing on earth of which she was afraid—that was the miracle of it and June wondered. She was a Tolliver and the clan loyalty of a century forbade—that was all. As she rose she saw a figure skulking past the edge of the woods. She called Bub in and told him about it, and Rufe stayed at the cabin all night, but June did not see him next morning, and she kept out of his way whenever he came again. A few nights later the Red Fox slouched up to the cabin with some herbs for the step-mother. Old Judd eyed him askance.

"Lookin' fer that reward, Red?" The old man had no time for the meek reply that was on his lips, for the old woman spoke up sharply:

"You let Red alone, Judd—I tol' him to come." And the Red Fox stayed to supper, and when Rufe left the cabin that night, a bent figure with a big rifle and in moccasins sneaked after him.

The next night there was a tap on Hale's window just at his bedside, and when he looked out he saw the Red Fox's big rifle, telescope, moccasins and all in the moonlight. The Red Fox had discovered the whereabouts of Rufe Tolliver, and that very night he guided Hale and six of the guard to the edge of a little clearing where the Red Fox pointed to a one-roomed cabin, quiet in the moonlight. Hale had his requisition now.

"Ain't no trouble ketchin' Rufe, if you bait him with a woman," he snarled. "There mought be several Tollivers in thar. Wait till daybreak and git the drap on him, when he comes out." And then he disappeared.

Surrounding the cabin, Hale waited, and on top of the mountain, above Lonesome Cove, the Red Fox sat waiting and watching through his big telescope. Through it he saw Bad Rufe step outside the door at daybreak and stretch his arms with a yawn, and he saw three men spring with levelled Winchesters from behind a clump of bushes. The woman shot from the door behind Rufe with a pistol in each hand, but Rufe kept his hands in the air and turned his head to the woman who lowered the half-raised weapons slowly. When he saw the cavalcade start for the county seat with Rufe manacled in the midst of them, he dropped swiftly down into Lonesome Cove to tell Judd that Rufe was a prisoner and to retake him on the way to jail. And, as the Red Fox well knew would happen, old Judd and young Dave and two other Tollivers who were at the cabin galloped into the county seat to find Rufe in jail, and that jail guarded by seven grim young men armed with Winchesters and shot-guns.

Hale faced the old man quietly—eye to eye.

"It's no use, Judd," he said, "you'd better let the law take its course." The old man was scornful.

"Thar's never been a Tolliver convicted of killin' nobody, much less hung—an' thar ain't goin' to be."

"I'm glad you warned me," said Hale still quietly, "though it wasn't necessary. But if he's convicted, he'll hang."

The giant's face worked in convulsive helplessness and he turned away.

"You hold the cyards now, but my deal is comin'."

"All right, Judd—you're getting a square one from me."

Back rode the Tollivers and Devil Judd never opened his lips again until he was at home in Lonesome Cove. June was sitting on the porch when he walked heavy-headed through the gate.

"They've ketched Rufe," he said, and after a moment he added gruffly:

"Thar's goin' to be sure enough trouble now. The Falins'll think all them police fellers air on their side now. This ain't no place fer you—you must git away."

June shook her head and her eyes turned to the flowers at the edge of the garden:

"I'm not goin' away, Dad," she said.



XXVI

Back to the passing of Boone and the landing of Columbus no man, in that region, had ever been hanged. And as old Judd said, no Tolliver had ever been sentenced and no jury of mountain men, he well knew, could be found who would convict a Tolliver, for there were no twelve men in the mountains who would dare. And so the Tollivers decided to await the outcome of the trial and rest easy. But they did not count on the mettle and intelligence of the grim young "furriners" who were a flying wedge of civilization at the Gap. Straightway, they gave up the practice of law and banking and trading and store-keeping and cut port-holes in the brick walls of the Court House and guarded town and jail night and day. They brought their own fearless judge, their own fearless jury and their own fearless guard. Such an abstract regard for law and order the mountaineer finds a hard thing to understand. It looked as though the motive of the Guard was vindictive and personal, and old Judd was almost stifled by the volcanic rage that daily grew within him as the toils daily tightened about Rufe Tolliver.

Every happening the old man learned through the Red Fox, who, with his huge pistols, was one of the men who escorted Rufe to and from Court House and jail—a volunteer, Hale supposed, because he hated Rufe; and, as the Tollivers supposed, so that he could keep them advised of everything that went on, which he did with secrecy and his own peculiar faith. And steadily and to the growing uneasiness of the Tollivers, the law went its way. Rufe had proven that he was at the Gap all day and had taken no part in the trouble. He produced a witness—the mountain lout whom Hale remembered—who admitted that he had blown the whistle, given the yell, and fired the pistol shot. When asked his reason, the witness, who was stupid, had none ready, looked helplessly at Rufe and finally mumbled—"fer fun." But it was plain from the questions that Rufe had put to Hale only a few minutes before the shooting, and from the hesitation of the witness, that Rufe had used him for a tool. So the testimony of the latter that Mockaby without even summoning Rufe to surrender had fired first, carried no conviction. And yet Rufe had no trouble making it almost sure that he had never seen the dead man before—so what was his motive? It was then that word reached the ear of the prosecuting attorney of the only testimony that could establish a motive and make the crime a hanging offence, and Court was adjourned for a day, while he sent for the witness who could give it. That afternoon one of the Falins, who had grown bolder, and in twos and threes were always at the trial, shot at a Tolliver on the edge of town and there was an immediate turmoil between the factions that the Red Fox had been waiting for and that suited his dark purposes well.

That very night, with his big rifle, he slipped through the woods to a turn of the road, over which old Dave Tolliver was to pass next morning, and built a "blind" behind some rocks and lay there smoking peacefully and dreaming his Swedenborgian dreams. And when a wagon came round the turn, driven by a boy, and with the gaunt frame of old Dave Tolliver lying on straw in the bed of it, his big rifle thundered and the frightened horses dashed on with the Red Fox's last enemy, lifeless. Coolly he slipped back to the woods, threw the shell from his gun, tirelessly he went by short cuts through the hills, and at noon, benevolent and smiling, he was on guard again.

The little Court Room was crowded for the afternoon session. Inside the railing sat Rufe Tolliver, white and defiant—manacled. Leaning on the railing, to one side, was the Red Fox with his big pistols, his good profile calm, dreamy, kind—to the other, similarly armed, was Hale. At each of the gaping port-holes, and on each side of the door, stood a guard with a Winchester, and around the railing outside were several more. In spite of window and port-hole the air was close and heavy with the smell of tobacco and the sweat of men. Here and there in the crowd was a red Falin, but not a Tolliver was in sight, and Rufe Tolliver sat alone. The clerk called the Court to order after the fashion since the days before Edward the Confessor—except that he asked God to save a commonwealth instead of a king—and the prosecuting attorney rose:

"Next witness, may it please your Honour": and as the clerk got to his feet with a slip of paper in his hand and bawled out a name, Hale wheeled with a thumping heart. The crowd vibrated, turned heads, gave way, and through the human aisle walked June Tolliver with the sheriff following meekly behind. At the railing-gate she stopped, head uplifted, face pale and indignant; and her eyes swept past Hale as if he were no more than a wooden image, and were fixed with proud inquiry on the Judge's face. She was bare-headed, her bronze hair was drawn low over her white brow, her gown was of purple home-spun, and her right hand was clenched tight about the chased silver handle of a riding whip, and in eyes, mouth, and in every line of her tense figure was the mute question: "Why have you brought me here?"



"Here, please," said the Judge gently, as though he were about to answer that question, and as she passed Hale she seemed to swerve her skirts aside that they might not touch him.

"Swear her."

June lifted her right hand, put her lips to the soiled, old, black Bible and faced the jury and Hale and Bad Rufe Tolliver whose black eyes never left her face.

"What is your name?" asked a deep voice that struck her ears as familiar, and before she answered she swiftly recalled that she had heard that voice speaking when she entered the door.

"June Tolliver."

"Your age?"

"Eighteen."

"You live—"

"In Lonesome Cove."

"You are the daughter of—"

"Judd Tolliver."

"Do you know the prisoner?"

"He is my foster-uncle."

"Were you at home on the night of August the tenth?"

"I was."

"Have you ever heard the prisoner express any enmity against this volunteer Police Guard?" He waved his hand toward the men at the portholes and about the railing—unconsciously leaving his hand directly pointed at Hale. June hesitated and Rufe leaned one elbow on the table, and the light in his eyes beat with fierce intensity into the girl's eyes into which came a curious frightened look that Hale remembered—the same look she had shown long ago when Rufe's name was mentioned in the old miller's cabin, and when going up the river road she had put her childish trust in him to see that her bad uncle bothered her no more. Hale had never forgot that, and if it had not been absurd he would have stopped the prisoner from staring at her now. An anxious look had come into Rufe's eyes—would she lie for him?

"Never," said June. Ah, she would—she was a Tolliver and Rufe took a breath of deep content.

"You never heard him express any enmity toward the Police Guard—before that night?"

"I have answered that question," said June with dignity and Rufe's lawyer was on his feet.

"Your Honour, I object," he said indignantly.

"I apologize," said the deep voice—"sincerely," and he bowed to June. Then very quietly:

"What was the last thing you heard the prisoner say that afternoon when he left your father's house?"

It had come—how well she remembered just what he had said and how, that night, even when she was asleep, Rufe's words had clanged like a bell in her brain—what her awakening terror was when she knew that the deed was done and the stifling fear that the victim might be Hale. Swiftly her mind worked—somebody had blabbed, her step-mother, perhaps, and what Rufe had said had reached a Falin ear and come to the relentless man in front of her. She remembered, too, now, what the deep voice was saying as she came into the door:

"There must be deliberation, a malicious purpose proven to make the prisoner's crime a capital offence—I admit that, of course, your Honour. Very well, we propose to prove that now," and then she had heard her name called. The proof that was to send Rufe Tolliver to the scaffold was to come from her—that was why she was there. Her lips opened and Rufe's eyes, like a snake's, caught her own again and held them.

"He said he was going over to the Gap—"

There was a commotion at the door, again the crowd parted, and in towered giant Judd Tolliver, pushing people aside as though they were straws, his bushy hair wild and his great frame shaking from head to foot with rage.

"You went to my house," he rumbled hoarsely—glaring at Hale—"an' took my gal thar when I wasn't at home—you—"

"Order in the Court," said the Judge sternly, but already at a signal from Hale several guards were pushing through the crowd and old Judd saw them coming and saw the Falins about him and the Winchesters at the port-holes, and he stopped with a hard gulp and stood looking at June.

"Repeat his exact words," said the deep voice again as calmly as though nothing had happened.

"He said, 'I'm goin' over to the Gap—'" and still Rufe's black eyes held her with mesmeric power—would she lie for him—would she lie for him?

It was a terrible struggle for June. Her father was there, her uncle Dave was dead, her foster-uncle's life hung on her next words and she was a Tolliver. Yet she had given her oath, she had kissed the sacred Book in which she believed from cover to cover with her whole heart, and she could feel upon her the blue eyes of a man for whom a lie was impossible and to whom she had never stained her white soul with a word of untruth.

"Yes," encouraged the deep voice kindly.

Not a soul in the room knew where the struggle lay—not even the girl—for it lay between the black eyes of Rufe Tolliver and the blue eyes of John Hale.

"Yes," repeated the deep voice again. Again, with her eyes on Rufe, she repeated:

"'I'm goin' over to the Gap—'" her face turned deadly white, she shivered, her dark eyes swerved suddenly full on Hale and she said slowly and distinctly, yet hardly above a whisper:

"'TO KILL ME A POLICEMAN.'"

"That will do," said the deep voice gently, and Hale started toward her—she looked so deadly sick and she trembled so when she tried to rise; but she saw him, her mouth steadied, she rose, and without looking at him, passed by his outstretched hand and walked slowly out of the Court Room.



XXVII

The miracle had happened. The Tollivers, following the Red Fox's advice to make no attempt at rescue just then, had waited, expecting the old immunity from the law and getting instead the swift sentence that Rufe Tolliver should be hanged by the neck until he was dead. Astounding and convincing though the news was, no mountaineer believed he would ever hang, and Rufe himself faced the sentence defiant. He laughed when he was led back to his cell:

"I'll never hang," he said scornfully. They were the first words that came from his lips, and the first words that came from old Judd's when the news reached him in Lonesome Cove, and that night old Judd gathered his clan for the rescue—to learn next morning that during the night Rufe had been spirited away to the capital for safekeeping until the fatal day. And so there was quiet for a while—old Judd making ready for the day when Rufe should be brought back, and trying to find out who it was that had slain his brother Dave. The Falins denied the deed, but old Judd never questioned that one of them was the murderer, and he came out openly now and made no secret of the fact that he meant to have revenge. And so the two factions went armed, watchful and wary—especially the Falins, who were lying low and waiting to fulfil a deadly purpose of their own. They well knew that old Judd would not open hostilities on them until Rufe Tolliver was dead or at liberty. They knew that the old man meant to try to rescue Rufe when he was brought back to jail or taken from it to the scaffold, and when either day came they themselves would take a hand, thus giving the Tollivers at one and the same time two sets of foes. And so through the golden September days the two clans waited, and June Tolliver went with dull determination back to her old life, for Uncle Billy's sister had left the house in fear and she could get no help—milking cows at cold dawns, helping in the kitchen, spinning flax and wool, and weaving them into rough garments for her father and step-mother and Bub, and in time, she thought grimly—for herself: for not another cent for her maintenance could now come from John Hale, even though he claimed it was hers—even though it was in truth her own. Never, but once, had Hale's name been mentioned in the cabin—never, but once, had her father referred to the testimony that she had given against Rufe Tolliver, for the old man put upon Hale the fact that the sheriff had sneaked into his house when he was away and had taken June to Court, and that was the crowning touch of bitterness in his growing hatred for the captain of the guard of whom he had once been so fond.

"Course you had to tell the truth, baby, when they got you there," he said kindly; "but kidnappin' you that-a-way—" He shook his great bushy head from side to side and dropped it into his hands.

"I reckon that damn Hale was the man who found out that you heard Rufe say that. I'd like to know how—I'd like to git my hands on the feller as told him."

June opened her lips in simple justice to clear Hale of that charge, but she saw such a terrified appeal in her step-mother's face that she kept her peace, let Hale suffer for that, too, and walked out into her garden. Never once had her piano been opened, her books had lain unread, and from her lips, during those days, came no song. When she was not at work, she was brooding in her room, or she would walk down to Uncle Billy's and sit at the mill with him while the old man would talk in tender helplessness, or under the honeysuckle vines with old Hon, whose brusque kindness was of as little avail. And then, still silent, she would get wearily up and as quietly go away while the two old friends, worried to the heart, followed her sadly with their eyes. At other times she was brooding in her room or sitting in her garden, where she was now, and where she found most comfort—the garden that Hale had planted for her-where purple asters leaned against lilac shrubs that would flower for the first time the coming spring; where a late rose bloomed, and marigolds drooped, and great sunflowers nodded and giant castor-plants stretched out their hands of Christ, And while June thus waited the passing of the days, many things became clear to her: for the grim finger of reality had torn the veil from her eyes and let her see herself but little changed, at the depths, by contact with John Male's world, as she now saw him but little changed, at the depths, by contact with hers. Slowly she came to see, too, that it was his presence in the Court Room that made her tell the truth, reckless of the consequences, and she came to realize that she was not leaving the mountains because she would go to no place where she could not know of any danger that, in the present crisis, might threaten John Hale.

And Hale saw only that in the Court Room she had drawn her skirts aside, that she had looked at him once and then had brushed past his helping hand. It put him in torment to think of what her life must be now, and of how she must be suffering. He knew that she would not leave her father in the crisis that was at hand, and after it was all over—what then? His hands would still be tied and he would be even more helpless than he had ever dreamed possible. To be sure, an old land deal had come to life, just after the discovery of the worthlessness of the mine in Lonesome Cove, and was holding out another hope. But if that, too, should fail—or if it should succeed—what then? Old Judd had sent back, with a curt refusal, the last "allowance" he forwarded to June and he knew the old man was himself in straits. So June must stay in the mountains, and what would become of her? She had gone back to her mountain garb—would she lapse into her old life and ever again be content? Yes, she would lapse, but never enough to keep her from being unhappy all her life, and at that thought he groaned. Thus far he was responsible and the paramount duty with him had been that she should have the means to follow the career she had planned for herself outside of those hills. And now if he had the means, he was helpless. There was nothing for him to do now but to see that the law had its way with Rufe Tolliver, and meanwhile he let the reawakened land deal go hang and set himself the task of finding out who it was that had ambushed old Dave Tolliver. So even when he was thinking of June his brain was busy on that mystery, and one night, as he sat brooding, a suspicion flashed that made him grip his chair with both hands and rise to pace the porch. Old Dave had been shot at dawn, and the night before the Red Fox had been absent from the guard and had not turned up until nearly noon next day. He had told Hale that he was going home. Two days later, Hale heard by accident that the old man had been seen near the place of the ambush about sunset of the day before the tragedy, which was on his way home, and he now learned straightway for himself that the Red Fox had not been home for a month—which was only one of his ways of mistreating the patient little old woman in black.

A little later, the Red Fox gave it out that he was trying to ferret out the murderer himself, and several times he was seen near the place of ambush, looking, as he said, for evidence. But this did not halt Hale's suspicions, for he recalled that the night he had spent with the Red Fox, long ago, the old man had burst out against old Dave and had quickly covered up his indiscretion with a pious characterization of himself as a man that kept peace with both factions. And then why had he been so suspicious and fearful when Hale told him that night that he had seen him talking with a Falin in town the Court day before, and had he disclosed the whereabouts of Rufe Tolliver and guided the guard to his hiding-place simply for the reward? He had not yet come to claim it, and his indifference to money was notorious through the hills. Apparently there was some general enmity in the old man toward the whole Tolliver clan, and maybe he had used the reward to fool Hale as to his real motive. And then Hale quietly learned that long ago the Tollivers bitterly opposed the Red Fox's marriage to a Tolliver-that Rufe, when a boy, was always teasing the Red Fox and had once made him dance in his moccasins to the tune of bullets spitting about his feet, and that the Red Fox had been heard to say that old Dave had cheated his wife out of her just inheritance of wild land; but all that was long, long ago, and apparently had been mutually forgiven and forgotten. But it was enough for Hale, and one night he mounted his horse, and at dawn he was at the place of ambush with his horse hidden in the bushes. The rocks for the ambush were waist high, and the twigs that had been thrust in the crevices between them were withered. And there, on the hypothesis that the Red Fox was the assassin, Hale tried to put himself, after the deed, into the Red Fox's shoes. The old man had turned up on guard before noon—then he must have gone somewhere first or have killed considerable time in the woods. He would not have crossed the road, for there were two houses on the other side; there would have been no object in going on over the mountain unless he meant to escape, and if he had gone over there for another reason he would hardly have had time to get to the Court House before noon: nor would he have gone back along the road on that side, for on that side, too, was a cabin not far away. So Hale turned and walked straight away from the road where the walking was easiest—down a ravine, and pushing this way and that through the bushes where the way looked easiest. Half a mile down the ravine he came to a little brook, and there in the black earth was the faint print of a man's left foot and in the hard crust across was the deeper print of his right, where his weight in leaping had come down hard. But the prints were made by a shoe and not by a moccasin, and then Hale recalled exultantly that the Red Fox did not have his moccasins on the morning he turned up on guard. All the while he kept a sharp lookout, right and left, on the ground—the Red Fox must have thrown his cartridge shell somewhere, and for that Hale was looking. Across the brook he could see the tracks no farther, for he was too little of a woodsman to follow so old a trail, but as he stood behind a clump of rhododendron, wondering what he could do, he heard the crack of a dead stick down the stream, and noiselessly he moved farther into the bushes. His heart thumped in the silence—the long silence that followed—for it might be a hostile Tolliver that was coming, so he pulled his pistol from his holster, made ready, and then, noiseless as a shadow, the Red Fox slipped past him along the path, in his moccasins now, and with his big Winchester in his left hand. The Red Fox, too, was looking for that cartridge shell, for only the night before had he heard for the first time of the whispered suspicions against him. He was making for the blind and Hale trembled at his luck. There was no path on the other side of the stream, and Hale could barely hear him moving through the bushes. So he pulled off his boots and, carrying them in one hand, slipped after him, watching for dead twigs, stooping under the branches, or sliding sidewise through them when he had to brush between their extremities, and pausing every now and then to listen for an occasional faint sound from the Red Fox ahead. Up the ravine the old man went to a little ledge of rocks, beyond which was the blind, and when Hale saw his stooped figure slip over that and disappear, he ran noiselessly toward it, crept noiselessly to the top and peeped carefully over to see the Red Fox with his back to him and peering into a clump of bushes—hardly ten yards away. While Hale looked, the old man thrust his hand into the bushes and drew out something that twinkled in the sun. At the moment Hale's horse nickered from the bushes, and the Red Fox slipped his hand into his pocket, crouched listening a moment, and then, step by step, backed toward the ledge. Hale rose:

"I want you, Red!"

The old man wheeled, the wolf's snarl came, but the big rifle was too slow—Hale's pistol had flashed in his face.

"Drop your gun!" Paralyzed, but the picture of white fury, the old man hesitated.

"Drop—your—gun!" Slowly the big rifle was loosed and fell to the ground.

"Back away—turn around and hands up!"

With his foot on the Winchester, Hale felt in the old man's pockets and fished out an empty cartridge shell. Then he picked up the rifle and threw the slide.

"It fits all right. March—toward that horse!"

Without a word the old man slouched ahead to where the big black horse was restlessly waiting in the bushes.

"Climb up," said Hale. "We won't 'ride and tie' back to town—but I'll take turns with you on the horse."

The Red Fox was making ready to leave the mountains, for he had been falsely informed that Rufe was to be brought back to the county seat next day, and he was searching again for the sole bit of evidence that was out against him. And when Rufe was spirited back to jail and was on his way to his cell, an old freckled hand was thrust between the bars of an iron door to greet him and a voice called him by name. Rufe stopped in amazement; then he burst out laughing; he struck then at the pallid face through the bars with his manacles and cursed the old man bitterly; then he laughed again horribly. The two slept in adjoining cells of the same cage that night—the one waiting for the scaffold and the other waiting for the trial that was to send him there. And away over the blue mountains a little old woman in black sat on the porch of her cabin as she had sat patiently many and many a long day. It was time, she thought, that the Red Fox was coming home.



XXVIII

And so while Bad Rufe Tolliver was waiting for death, the trial of the Red Fox went on, and when he was not swinging in a hammock, reading his Bible, telling his visions to his guards and singing hymns, he was in the Court House giving shrewd answers to questions, or none at all, with the benevolent half of his mask turned to the jury and the wolfish snarl of the other half showing only now and then to some hostile witness for whom his hate was stronger than his fear for his own life. And in jail Bad Rufe worried his enemy with the malicious humour of Satan. Now he would say:

"Oh, there ain't nothin' betwixt old Red and me, nothin' at all—'cept this iron wall," and he would drum a vicious tattoo on the thin wall with the heel of his boot. Or when he heard the creak of the Red Fox's hammock as he droned his Bible aloud, he would say to his guard outside:

"Course I don't read the Bible an' preach the word, nor talk with sperits, but thar's worse men than me in the world—old Red in thar' for instance"; and then he would cackle like a fiend and the Red Fox would writhe in torment and beg to be sent to another cell. And always he would daily ask the Red Fox about his trial and ask him questions in the night, and his devilish instinct told him the day that the Red Fox, too, was sentenced to death-he saw it in the gray pallour of the old man's face, and he cackled his glee like a demon. For the evidence against the Red Fox was too strong. Where June sat as chief witness against Rufe Tolliver—John Hale sat as chief witness against the Red Fox. He could not swear it was a cartridge shell that he saw the old man pick up, but it was something that glistened in the sun, and a moment later he had found the shell in the old man's pocket—and if it had been fired innocently, why was it there and why was the old man searching for it? He was looking, he said, for evidence of the murderer himself. That claim made, the Red Fox's lawyer picked up the big rifle and the shell.

"You say, Mr. Hale, the prisoner told you the night you spent at his home that this rifle was rim-fire?"

"He did." The lawyer held up the shell.

"You see this was exploded in such a rifle." That was plain, and the lawyer shoved the shell into the rifle, pulled the trigger, took it out, and held it up again. The plunger had struck below the rim and near the centre, but not quite on the centre, and Hale asked for the rifle and examined it closely.

"It's been tampered with," he said quietly, and he handed it to the prosecuting attorney. The fact was plain; it was a bungling job and better proved the Red Fox's guilt. Moreover, there were only two such big rifles in all the hills, and it was proven that the man who owned the other was at the time of the murder far away. The days of brain-storms had not come then. There were no eminent Alienists to prove insanity for the prisoner. Apparently, he had no friends—none save the little old woman in black who sat by his side, hour by hour and day by day.

And the Red Fox was doomed.

In the hush of the Court Room the Judge solemnly put to the gray face before him the usual question:

"Have you anything to say whereby sentence of death should not be pronounced on you?"

The Red Fox rose:

"No," he said in a shaking voice; "but I have a friend here who I would like to speak for me." The Judge bent his head a moment over his bench and lifted it:

"It is unusual," he said; "but under the circumstances I will grant your request. Who is your friend?" And the Red Fox made the souls of his listeners leap.

"Jesus Christ," he said.

The Judge reverently bowed his head and the hush of the Court Room grew deeper when the old man fished his Bible from his pocket and calmly read such passages as might be interpreted as sure damnation for his enemies and sure glory for himself—read them until the Judge lifted his hand for a halt.

And so another sensation spread through the hills and a superstitious awe of this strange new power that had come into the hills went with it hand in hand. Only while the doubting ones knew that nothing could save the Red Fox they would wait to see if that power could really avail against the Tolliver clan. The day set for Rufe's execution was the following Monday, and for the Red Fox the Friday following—for it was well to have the whole wretched business over while the guard was there. Old Judd Tolliver, so Hale learned, had come himself to offer the little old woman in black the refuge of his roof as long as she lived, and had tried to get her to go back with him to Lonesome Cove; but it pleased the Red Fox that he should stand on the scaffold in a suit of white—cap and all—as emblems of the purple and fine linen he was to put on above, and the little old woman stayed where she was, silently and without question, cutting the garments, as Hale pityingly learned, from a white table-cloth and measuring them piece by piece with the clothes the old man wore in jail. It pleased him, too, that his body should be kept unburied three days—saying that he would then arise and go about preaching, and that duty, too, she would as silently and with as little question perform. Moreover, he would preach his own funeral sermon on the Sunday before Rufe's day, and a curious crowd gathered to hear him. The Red Fox was led from jail. He stood on the porch of the jailer's house with a little table in front of him. On it lay a Bible, on the other side of the table sat a little pale-faced old woman in black with a black sun-bonnet drawn close to her face. By the side of the Bible lay a few pieces of bread. It was the Red Fox's last communion—a communion which he administered to himself and in which there was no other soul on earth to join save that little old woman in black. And when the old fellow lifted the bread and asked the crowd to come forward to partake with him in the last sacrament, not a soul moved. Only the old woman who had been ill-treated by the Red Fox for so many years—only she, of all the crowd, gave any answer, and she for one instant turned her face toward him. With a churlish gesture the old man pushed the bread over toward her and with hesitating, trembling fingers she reached for it.

Bob Berkley was on the death-watch that night, and as he passed Rufe's cell a wiry hand shot through the grating of his door, and as the boy sprang away the condemned man's fingers tipped the butt of the big pistol that dangled on the lad's hip.

"Not this time," said Bob with a cool little laugh, and Rufe laughed, too.

"I was only foolin'," he said, "I ain't goin' to hang. You hear that, Red? I ain't goin' to hang—but you are, Red—sure. Nobody'd risk his little finger for your old carcass, 'cept maybe that little old woman o' yours who you've treated like a hound—but my folks ain't goin' to see me hang."

Rufe spoke with some reason. That night the Tollivers climbed the mountain, and before daybreak were waiting in the woods a mile on the north side of the town. And the Falins climbed, too, farther along the mountains, and at the same hour were waiting in the woods a mile to the south.

Back in Lonesome Cove June Tolliver sat alone—her soul shaken and terror-stricken to the depths—and the misery that matched hers was in the heart of Hale as he paced to and fro at the county seat, on guard and forging out his plans for that day under the morning stars.



XXIX

Day broke on the old Court House with its black port-holes, on the graystone jail, and on a tall topless wooden box to one side, from which projected a cross-beam of green oak. From the centre of this beam dangled a rope that swung gently to and fro when the wind moved. And with the day a flock of little birds lighted on the bars of the condemned man's cell window, chirping through them, and when the jailer brought breakfast he found Bad Rufe cowering in the corner of his cell and wet with the sweat of fear.

"Them damn birds ag'in," he growled sullenly.

"Don't lose yo' nerve, Rufe," said the jailer, and the old laugh of defiance came, but from lips that were dry.

"Not much," he answered grimly, but the jailer noticed that while he ate, his eyes kept turning again and again to the bars; and the turnkey went away shaking his head. Rufe had told the jailer, his one friend through whom he had kept in constant communication with the Tollivers, how on the night after the shooting of Mockaby, when he lay down to sleep high on the mountain side and under some rhododendron bushes, a flock of little birds flew in on him like a gust of rain and perched over and around him, twittering at him until he had to get up and pace the woods, and how, throughout the next day, when he sat in the sun planning his escape, those birds would sweep chattering over his head and sweep chattering back again, and in that mood of despair he had said once, and only once: "Somehow I knowed this time my name was Dennis"—a phrase of evil prophecy he had picked up outside the hills. And now those same birds of evil omen had come again, he believed, right on the heels of the last sworn oath old Judd had sent him that he would never hang.

With the day, through mountain and valley, came in converging lines mountain humanity—men and women, boys and girls, children and babes in arms; all in their Sunday best—the men in jeans, slouched hats, and high boots, the women in gay ribbons and brilliant home-spun; in wagons, on foot and on horses and mules, carrying man and man, man and boy, lover and sweetheart, or husband and wife and child—all moving through the crisp autumn air, past woods of russet and crimson and along brown dirt roads, to the straggling little mountain town. A stranger would have thought that a county fair, a camp-meeting, or a circus was their goal, but they were on their way to look upon the Court House with its black port-holes, the graystone jail, the tall wooden box, the projecting beam, and that dangling rope which, when the wind moved, swayed gently to and fro. And Hale had forged his plan. He knew that there would be no attempt at rescue until Rufe was led to the scaffold, and he knew that neither Falins nor Tollivers would come in a band, so the incoming tide found on the outskirts of the town and along every road boyish policemen who halted and disarmed every man who carried a weapon in sight, for thus John Hale would have against the pistols of the factions his own Winchesters and repeating shot-guns. And the wondering people saw at the back windows of the Court House and at the threatening port-holes more youngsters manning Winchesters, more at the windows of the jailer's frame house, which joined and fronted the jail, and more still—a line of them—running all around the jail; and the old men wagged their heads in amazement and wondered if, after all, a Tolliver was not really going to be hanged.

So they waited—the neighbouring hills were black with people waiting; the housetops were black with men and boys waiting; the trees in the streets were bending under the weight of human bodies; and the jail-yard fence was three feet deep with people hanging to it and hanging about one another's necks—all waiting. All morning they waited silently and patiently, and now the fatal noon was hardly an hour away and not a Falin nor a Tolliver had been seen. Every Falin had been disarmed of his Winchester as he came in, and as yet no Tolliver had entered the town, for wily old Judd had learned of Hale's tactics and had stayed outside the town for his own keen purpose. As the minutes passed, Hale was beginning to wonder whether, after all, old Judd had come to believe that the odds against him were too great, and had told the truth when he set afoot the rumour that the law should have its way; and it was just when his load of anxiety was beginning to lighten that there was a little commotion at the edge of the Court House and a great red-headed figure pushed through the crowd, followed by another of like build, and as the people rapidly gave way and fell back, a line of Falins slipped along the wall and stood under the port-holes-quiet, watchful, and determined. Almost at the same time the crowd fell back the other way up the street, there was the hurried tramping of feet and on came the Tollivers, headed by giant Judd, all armed with Winchesters—for old Judd had sent his guns in ahead—and as the crowd swept like water into any channel of alley or doorway that was open to it, Hale saw the yard emptied of everybody but the line of Falins against the wall and the Tollivers in a body but ten yards in front of them. The people on the roofs and in the trees had not moved at all, for they were out of range. For a moment old Judd's eyes swept the windows and port-holes of the Court House, the windows of the jailer's house, the line of guards about the jail, and then they dropped to the line of Falins and glared with contemptuous hate into the leaping blue eyes of old Buck Falin, and for that moment there was silence. In that silence and as silently as the silence itself issued swiftly from the line of guards twelve youngsters with Winchesters, repeating shot-guns, and in a minute six were facing the Falins and six facing the Tollivers, each with his shot-gun at his hip. At the head of them stood Hale, his face a pale image, as hard as though cut from stone, his head bare, and his hand and his hip weaponless. In all that crowd there was not a man or a woman who had not seen or heard of him, for the power of the guard that was at his back had radiated through that wild region like ripples of water from a dropped stone and, unarmed even, he had a personal power that belonged to no other man in all those hills, though armed to the teeth. His voice rose clear, steady, commanding:

"The law has come here and it has come to stay." He faced the beetling eyebrows and angrily working beard of old Judd now:



"The Falins are here to get revenge on you Tollivers, if you attack us. I know that. But"—he wheeled on the Falins—"understand! We don't want your help! If the Tollivers try to take that man in there, and one of you Falins draws a pistol, those guns there"—waving his hand toward the jail windows—"will be turned loose on YOU, WE'LL FIGHT YOU BOTH!" The last words shot like bullets through his gritted teeth, then the flash of his eyes was gone, his face was calm, and as though the whole matter had been settled beyond possible interruption, he finished quietly:

"The condemned man wishes to make a confession and to say good-by. In five minutes he will be at that window to say what he pleases. Ten minutes later he will be hanged." And he turned and walked calmly into the jailer's door. Not a Tolliver nor a Falin made a movement or a sound. Young Dave's eyes had glared savagely when he first saw Hale, for he had marked Hale for his own and he knew that the fact was known to Hale. Had the battle begun then and there, Hale's death was sure, and Dave knew that Hale must know that as well as he: and yet with magnificent audacity, there he was—unarmed, personally helpless, and invested with an insulting certainty that not a shot would be fired. Not a Falin or a Tolliver even reached for a weapon, and the fact was the subtle tribute that ignorance pays intelligence when the latter is forced to deadly weapons as a last resort; for ignorance faced now belching shot-guns and was commanded by rifles on every side. Old Judd was trapped and the Falins were stunned. Old Buck Falin turned his eyes down the line of his men with one warning glance. Old Judd whispered something to a Tolliver behind him and a moment later the man slipped from the band and disappeared. Young Dave followed Hale's figure with a look of baffled malignant hatred and Bub's eyes were filled with angry tears. Between the factions, the grim young men stood with their guns like statues.

At once a big man with a red face appeared at one of the jailer's windows and then came the sheriff, who began to take out the sash. Already the frightened crowd had gathered closer again and now a hush came over it, followed by a rustling and a murmur. Something was going to happen. Faces and gun-muzzles thickened at the port-holes and at the windows; the line of guards turned their faces sidewise and upward; the crowd on the fence scuffled for better positions; the people in the trees craned their necks from the branches or climbed higher, and there was a great scraping on all the roofs. Even the black crowd out on the hills seemed to catch the excitement and to sway, while spots of intense blue and vivid crimson came out here and there from the blackness when the women rose from their seats on the ground. Then—sharply—there was silence. The sheriff disappeared, and shut in by the sashless window as by a picture frame and blinking in the strong light, stood a man with black hair, cropped close, face pale and worn, and hands that looked white and thin—stood bad Rufe Tolliver.

He was going to confess—that was the rumour. His lawyers wanted him to confess; the preacher who had been singing hymns with him all morning wanted him to confess; the man himself said he wanted to confess; and now he was going to confess. What deadly mysteries he might clear up if he would! No wonder the crowd was eager, for there was no soul there but knew his record—and what a record! His best friends put his victims no lower than thirteen, and there looking up at him were three women whom he had widowed or orphaned, while at one corner of the jail-yard stood a girl in black—the sweetheart of Mockaby, for whose death Rufe was standing where he stood now. But his lips did not open. Instead he took hold of the side of the window and looked behind him. The sheriff brought him a chair and he sat down. Apparently he was weak and he was going to wait a while. Would he tell how he had killed one Falin in the presence of the latter's wife at a wild bee tree; how he had killed a sheriff by dropping to the ground when the sheriff fired, in this way dodging the bullet and then shooting the officer from where he lay supposedly dead; how he had thrown another Falin out of the Court House window and broken his neck—the Falin was drunk, Rufe always said, and fell out; why, when he was constable, he had killed another—because, Rufe said, he resisted arrest; how and where he had killed Red-necked Johnson, who was found out in the woods? Would he tell all that and more? If he meant to tell there was no sign. His lips kept closed and his bright black eyes were studying the situation; the little squad of youngsters, back to back, with their repeating shot-guns, the line of Falins along the wall toward whom protruded six shining barrels, the huddled crowd of Tollivers toward whom protruded six more—old Judd towering in front with young Dave on one side, tense as a leopard about to spring, and on the other Bub, with tears streaming down his face. In a flash he understood, and in that flash his face looked as though he had been suddenly struck a heavy blow by some one from behind, and then his elbows dropped on the sill of the window, his chin dropped into his hands and a murmur arose. Maybe he was too weak to stand and talk—perhaps he was going to talk from his chair. Yes, he was leaning forward and his lips were opening, but no sound came. Slowly his eyes wandered around at the waiting people—in the trees, on the roofs and the fence—and then they dropped to old Judd's and blazed their appeal for a sign. With one heave of his mighty chest old Judd took off his slouch hat, pressed one big hand to the back of his head and, despite that blazing appeal, kept it there. At that movement Rufe threw his head up as though his breath had suddenly failed him, his face turned sickening white, and slowly again his chin dropped into his trembling hands, and still unbelieving he stared his appeal, but old Judd dropped his big hand and turned his head away. The condemned man's mouth twitched once, settled into defiant calm, and then he did one kindly thing. He turned in his seat and motioned Bob Berkley, who was just behind him, away from the window, and the boy, to humour him, stepped aside. Then he rose to his feet and stretched his arms wide. Simultaneously came the far-away crack of a rifle, and as a jet of smoke spurted above a clump of bushes on a little hill, three hundred yards away, Bad Rufe wheeled half-way round and fell back out of sight into the sheriff's arms. Every Falin made a nervous reach for his pistol, the line of gun-muzzles covering them wavered slightly, but the Tollivers stood still and unsurprised, and when Hale dashed from the door again, there was a grim smile of triumph on old Judd's face. He had kept his promise that Rufe should never hang.

"Steady there," said Hale quietly. His pistol was on his hip now and a Winchester was in his left hand.

"Stand where you are—everybody!"

There was the sound of hurrying feet within the jail. There was the clang of an iron door, the bang of a wooden one, and in five minutes from within the tall wooden box came the sharp click of a hatchet and then—dully:

"T-H-O-O-MP!" The dangling rope had tightened with a snap and the wind swayed it no more.

At his cell door the Red Fox stood with his watch in his hand and his eyes glued to the second-hand. When it had gone three times around its circuit, he snapped the lid with a sigh of relief and turned to his hammock and his Bible.

"He's gone now," said the Red Fox.

Outside Hale still waited, and as his eyes turned from the Tollivers to the Falins, seven of the faces among them came back to him with startling distinctness, and his mind went back to the opening trouble in the county-seat over the Kentucky line, years before—when eight men held one another at the points of their pistols. One face was missing, and that face belonged to Rufe Tolliver. Hale pulled out his watch.

"Keep those men there," he said, pointing to the Falins, and he turned to the bewildered Tollivers.

"Come on, Judd," he said kindly—"all of you."

Dazed and mystified, they followed him in a body around the corner of the jail, where in a coffin, that old Jadd had sent as a blind to his real purpose, lay the remains of Bad Rufe Tolliver with a harmless bullet hole through one shoulder. Near by was a wagon and hitched to it were two mules that Hale himself had provided. Hale pointed to it:

"I've done all I could, Judd. Take him away. I'll keep the Falins under guard until you reach the Kentucky line, so that they can't waylay you."

If old Judd heard, he gave no sign. He was looking down at the face of his foster-brother—his shoulder drooped, his great frame shrunken, and his iron face beaten and helpless. Again Hale spoke:

"I'm sorry for all this. I'm even sorry that your man was not a better shot."

The old man straightened then and with a gesture he motioned young Dave to the foot of the coffin and stooped himself at the head. Past the wagon they went, the crowd giving way before them, and with the dead Tolliver on their shoulders, old Judd and young Dave passed with their followers out of sight.



XXX

The longest of her life was that day to June. The anxiety in times of war for the women who wait at home is vague because they are mercifully ignorant of the dangers their loved ones run, but a specific issue that involves death to those loved ones has a special and poignant terror of its own. June knew her father's plan, the precise time the fight would take place, and the especial danger that was Hale's, for she knew that young Dave Tolliver had marked him with the first shot fired. Dry-eyed and white and dumb, she watched them make ready for the start that morning while it was yet dark; dully she heard the horses snorting from the cold, the low curt orders of her father, and the exciting mutterings of Bub and young Dave; dully she watched the saddles thrown on, the pistols buckled, the Winchesters caught up, and dully she watched them file out the gate and ride away, single file, into the cold, damp mist like ghostly figures in a dream. Once only did she open her lips and that was to plead with her father to leave Bub at home, but her father gave her no answer and Bub snorted his indignation—he was a man now, and his now was the privilege of a man. For a while she stood listening to the ring of metal against stone that came to her more and more faintly out of the mist, and she wondered if it was really June Tolliver standing there, while father and brother and cousin were on their way to fight the law—how differently she saw these things now—for a man who deserved death, and to fight a man who was ready to die for his duty to that law—the law that guarded them and her and might not perhaps guard him: the man who had planted for her the dew-drenched garden that was waiting for the sun, and had built the little room behind her for her comfort and seclusion; who had sent her to school, had never been anything but kind and just to her and to everybody—who had taught her life and, thank God, love. Was she really the June Tolliver who had gone out into the world and had held her place there; who had conquered birth and speech and customs and environment so that none could tell what they all once were; who had become the lady, the woman of the world, in manner, dress, and education: who had a gift of music and a voice that might enrich her life beyond any dream that had ever sprung from her own brain or any that she had ever caught from Hale's? Was she June Tolliver who had been and done all that, and now had come back and was slowly sinking back into the narrow grave from which Hale had lifted her? It was all too strange and bitter, but if she wanted proof there was her step-mother's voice now—the same old, querulous, nerve-racking voice that had embittered all her childhood—calling her down into the old mean round of drudgery that had bound forever the horizon of her narrow life just as now it was shutting down like a sky of brass around her own. And when the voice came, instead of bursting into tears as she was about to do, she gave a hard little laugh and she lifted a defiant face to the rising sun. There was a limit to the sacrifice for kindred, brother, father, home, and that limit was the eternal sacrifice—the eternal undoing of herself: when this wretched terrible business was over she would set her feet where that sun could rise on her, busy with the work that she could do in that world for which she felt she was born. Swiftly she did the morning chores and then she sat on the porch thinking and waiting. Spinning wheel, loom, and darning needle were to lie idle that day. The old step-mother had gotten from bed and was dressing herself—miraculously cured of a sudden, miraculously active. She began to talk of what she needed in town, and June said nothing. She went out to the stable and led out the old sorrel-mare. She was going to the hanging.

"Don't you want to go to town, June?"

"No," said June fiercely.

"Well, you needn't git mad about it—I got to go some day this week, and I reckon I might as well go ter-day." June answered nothing, but in silence watched her get ready and in silence watched her ride away. She was glad to be left alone. The sun had flooded Lonesome Cove now with a light as rich and yellow as though it were late afternoon, and she could yet tell every tree by the different colour of the banner that each yet defiantly flung into the face of death. The yard fence was festooned with dewy cobwebs, and every weed in the field was hung with them as with flashing jewels of exquisitely delicate design: Hale had once told her that they meant rain. Far away the mountains were overhung with purple so deep that the very air looked like mist, and a peace that seemed motherlike in tenderness brooded over the earth. Peace! Peace—with a man on his way to a scaffold only a few miles away, and two bodies of men, one led by her father, the other by the man she loved, ready to fly at each other's throats—the one to get the condemned man alive, the other to see that he died. She got up with a groan. She walked into the garden. The grass was tall, tangled, and withering, and in it dead leaves lay everywhere, stems up, stems down, in reckless confusion. The scarlet sage-pods were brown and seeds were dropping from their tiny gaping mouths. The marigolds were frost-nipped and one lonely black-winged butterfly was vainly searching them one by one for the lost sweets of summer. The gorgeous crowns of the sun-flowers were nothing but grotesque black mummy-heads set on lean, dead bodies, and the clump of big castor-plants, buffeted by the wind, leaned this way and that like giants in a drunken orgy trying to keep one another from falling down. The blight that was on the garden was the blight that was in her heart, and two bits of cheer only she found—one yellow nasturtium, scarlet-flecked, whose fragrance was a memory of the spring that was long gone, and one little cedar tree that had caught some dead leaves in its green arms and was firmly holding them as though to promise that another spring would surely come. With the flower in her hand, she started up the ravine to her dreaming place, but it was so lonely up there and she turned back. She went into her room and tried to read. Mechanically, she half opened the lid of the piano and shut it, horrified by her own act. As she passed out on the porch again she noticed that it was only nine o'clock. She turned and watched the long hand—how long a minute was! Three hours more! She shivered and went inside and got her bonnet—she could not be alone when the hour came, and she started down the road toward Uncle Billy's mill. Hale! Hale! Hale!—the name began to ring in her ears like a bell. The little shacks he had built up the creek were deserted and gone to ruin, and she began to wonder in the light of what her father had said how much of a tragedy that meant to him. Here was the spot where he was fishing that day, when she had slipped down behind him and he had turned and seen her for the first time. She could recall his smile and the very tone of his kind voice:

"Howdye, little girl!" And the cat had got her tongue. She remembered when she had written her name, after she had first kissed him at the foot of the beech—"June HAIL," and by a grotesque mental leap the beating of his name in her brain now made her think of the beating of hailstones on her father's roof one night when as a child she had lain and listened to them. Then she noticed that the autumn shadows seemed to make the river darker than the shadows of spring—or was it already the stain of dead leaves? Hale could have told her. Those leaves were floating through the shadows and when the wind moved, others zig-zagged softly down to join them. The wind was helping them on the water, too, and along came one brown leaf that was shaped like a tiny trireme—its stem acting like a rudder and keeping it straight before the breeze—so that it swept past the rest as a yacht that she was once on had swept past a fleet of fishing sloops. She was not unlike that swift little ship and thirty yards ahead were rocks and shallows where it and the whole fleet would turn topsy-turvy—would her own triumph be as short and the same fate be hers? There was no question as to that, unless she took the wheel of her fate in her own hands and with them steered the ship. Thinking hard, she walked on slowly, with her hands behind her and her eyes bent on the road. What should she do? She had no money, her father had none to spare, and she could accept no more from Hale. Once she stopped and stared with unseeing eyes at the blue sky, and once under the heavy helplessness of it all she dropped on the side of the road and sat with her head buried in her arms—sat so long that she rose with a start and, with an apprehensive look at the mounting sun, hurried on. She would go to the Gap and teach; and then she knew that if she went there it would be on Hale's account. Very well, she would not blind herself to that fact; she would go and perhaps all would be made up between them, and then she knew that if that but happened, nothing else could matter...

When she reached the miller's cabin, she went to the porch without noticing that the door was closed. Nobody was at home and she turned listlessly. When she reached the gate, she heard the clock beginning to strike, and with one hand on her breast she breathlessly listened, counting—"eight, nine, ten, eleven"—and her heart seemed to stop in the fraction of time that she waited for it to strike once more. But it was only eleven, and she went on down the road slowly, still thinking hard. The old miller was leaning back in a chair against the log side of the mill, with his dusty slouched hat down over his eyes. He did not hear her coming and she thought he must be asleep, but he looked up with a start when she spoke and she knew of what he, too, had been thinking. Keenly his old eyes searched her white face and without a word he got up and reached for another chair within the mill.