Newt Spooner drew very near. He cautiously pulled back a branch of the honey-suckle, and looked through. The girl was sitting with her eyes downcast, and the man standing with one knee on the rough bench. He was leaning forward and his voice, though tense with earnestness, was almost a whisper. Newt might at that moment have been noisy instead of noiseless without danger of distracting the attention of that man and woman.
At home in the mountains, Henry Falkins would have been more wary, but here in the bluegrass he had laid aside all thoughts of danger, as he had laid aside his high-laced boots and corduroys. He was standing at the other side of life's gamut. Enmity, for him, did not exist. The universe was filled, he believed at that moment, to the boundary of the last sentinel star with love. The night breathed it. He was breathing it, the girl's eyes were just then raised to meet his, brimming with a light that set his pulses bounding.
"Back there in the hills," he said, "there is a place high up the mountainside that looks down on such a night as this over an ocean of silver mists in the valley. I have often gone there alone and listened to the nightingale talking about you. After this," he added joyously, "all nights will be moonlight and starlight for me, dear, if – " But there he broke off and became silent.
Newt Spooner advanced one knee a few inches, and steadied his position. He drew the vine back a little further with his left hand, and slowly thrust his right into his coat pocket. When it came back, it held the pistol, and this Newt placed at his back, that the soft click of its cocking might be muffled by his intervening body.
The stars were as bright and the moon as serene that night back in the broken ramparts of the mountains as here in the lowlands. No hint of brewing tragedy disturbed the majesty of the summits that raised their crests into the cobalt, or marred the silvery flood that bathed the valleys.
Where the college buildings nestled in a tidy village near the waters of Fist-fight Creek, the picture was a nocturne that must have brought joy to the heart of a painter whose soul responds to the beautiful.
Already, in the dormitories, most of the children were asleep, but one girl, who was half child and half woman, crept noiselessly down the stairs of the building where she had her room, and made her way to the creek-bank.
She had spent a longer time over her studies than had her fellow pupils, because in her serious little breast burned a hunger for that education which might open new ways and make for her a life beyond the imprisonment of her environment.
In years, Minerva Rawlins was a child, but the life of her people brings early maturity and into her little brain had recently been creeping the restlessness of new things – and of womanhood. To-night, the plaintive call of the whippoorwills from the deep shadows of the timber was a call to be under open skies, where the thoughts that assailed her might not feel cramped within walls. There were many things of which she must think – and it happened that the subject uppermost in her mind was Henry Falkins.
She went with lithe tread and pliant carriage down beyond the saw-mill to a spot where the sycamores hung low by the waters that swirled in a cascade over a litter of huge rocks. On the steep mountainside beyond, the flowering laurel and rhododendron were thick, and the forests hardly showed a scar from the axes that had claimed the timber for the buildings. She had discovered that here through a gap between two summits she could see the same pale star to which the single pine had pointed back there from the front door of the cabin, which, wretched as it was, had been her only idea of home. In the silvers and grays and cobalts of the picture, and in the night song of the whippoorwills and booming frogs, there was solace, and to-night she wanted solace.
She told herself that this restlessness which would not let her sleep was loneliness; but beyond that single feeling were others more complex for which she had no analysis.
There was the starving eagerness for something very different from what wares life had ever spread to her gaze, some yearning that had crept down through lapsed generations from an ancestor or ancestress who had known the courtly life of Old Virginia before the pioneer tide swept them westward to their stranding. This hunger was a fiery thing, which made the eagerness to learn blaze hotly because its attainment meant struggle.
Then there was the conflict between that loyalty which the code of the Cumberlands impresses as a cardinal duty upon its children, and an insurgent hatred for the squalid family into which her father's second marriage had thrown her.
The law of feudalism and of the clan writes at the head of its decalogue, "Kith and kin above all." Minerva would have resented an implication of wanted staunchness, and yet as she sat with her small and well-chiseled chin cradled in the hands, which drudgery must soon make hard and shapeless, her eyes filled with tears and her slender body trembled with instinctive repulsion at the thought of return to the cabin where the razor-backed hogs would scratch their backs under the gaping floor timbers, and where darkness hung day-long between smoke-blackened rafters.
And though she did not admit that either, a part of the restlessness was the awakening of womanhood, and the woman's hunger for love. She thought of all the young men she knew back there; of the boorish creatures whose breath reeked with moonshine whiskey, and whose thoughts were as coarse as their brogans, and once more a shiver ran through her.
It all made her feel very wicked. She had come to the college and learned a little, and she had learned above all a fastidious discontent, which was poisoning her thoughts.
She told herself she ought to be very happy. Then a smile stole across her face as she sat there in the moonlight, and she drew from the collar of her calico dress a small medal on a string. It was a medal that had a few days before been awarded her for proficiency, but to her it stood for the nearest glimpse she had ever had of romance, though of romance passing by like a caravan which she had viewed from the wayside.
There had been spelling matches and recitations and the award of small prizes at the college, and the rough folk had trooped in from the countryside, riding mules or walking from many miles about. Women had come in bright-hued calicoes and sun-bonnets, and bearded, gaunt men in hodden-gray. Through that gathering and above it, since one who is very young and very inexperienced may be pardoned for a finger-touch from the gods of romance, a figure had stood out for Minerva Rawlins, endowed with every superiority.
The guests of honor on that occasion had been Old Mack Falkins and his son Henry. Old Mack had made a speech and, in awarding the prizes, his son had followed him. The people of the countryside had listened, and their applause had rocked the rafters, with that sincerity of admiration which they accorded to his native-born eloquence. But it was the younger man who had brought to Minerva Rawlins her first stir of hero-worship; the adulation of the inexperienced young girl for the first man she had seen who seemed an exemplar and a revelation.
Comparison is the one yard-stick of life, and by comparison this young man, who had lived the life of the outer world as well as that at home, might well have loomed large to such impressionable eyes.
Minerva was seeing that scene again; the school-room with its shuffling audience, and the young speaker whose words carried no taint of dialect or inelegance, as he spoke of the torch which was being lighted here to dispel the murk of illiteracy.
What Henry Falkins had said became in a fashion Minerva's standards. She found herself hating the lawlessness of the feud and the squalor of backwoods ignorance. She found herself wishing to be a recruit in the little army that sought to raise other ideals – but most of all she found herself longing rebelliously for the chance to have in her own life the companionship of some man like that. To herself she put it that way. She did not say
that
man, but, when she said "some man like that," the features and bearing and voice of young Falkins portrayed themselves, and as she sat with the medal in her fingers, listening to the whippoorwills, her fancy conjured up his image.
CHAPTER VI
When Newt Spooner had begun his search for Henry Falkins that afternoon he had not been so unobserved as he thought himself. Not very far behind him had walked Red Newton. He had not left Cawsler's with any intention of spying upon the boy and had seen him only by chance, yet when the latter halted in front of the hotel and stood there with the telltale expression which the recognition of Falkins brought to his face, Red Newton observed it and slipped silently into the door of a convenient store. When Newt went running excitedly back to Cawsler's place, the brain of the older clansman began to work rapidly. To his memory recurred the tirade that had broken so tempestuously from the boy's lips.
"I knows what I'm atter. I knows who I'm ergwine ter git. Thar's a feller I'm ergwine ter kill." The unforgiving malice in the boy's eyes, the rigid posture of his whole body as he stood contemplating his enemy, told Red Newton the whole story. This, then, was the man Newt meant to kill. It was logical enough. This was the witness who had riddled the alibi.
At first, Red Newton shrugged his shoulders in the fashion of one who has no call to meddle in the affairs of others, but as fresh aspects of the matter presented themselves to his consideration, a very real danger to all his family arose to confront him.
If Newt should shoot Henry Falkins on the streets of Winchester before the speaking of this afternoon, it would stir into action such a tidal wave of public indignation against the mountaineers that the more vital conspiracy would be thwarted. He surmised that Newt was rushing back to Cawsler's place to arm himself, and his first instinct was to follow. Then he remembered that the place was now empty save for the drunken Dode, and Cawsler himself, whose discretion could be trusted. So, he took no action, and, when later the same buggy passed the court-house and within a few moments Newt went swinging along after it on foot, the disappointed face of the boy told the other that he had failed. Red Newton rubbed his stubbled chin reflectively, bit off a large chew of tobacco and withdrew into his inner consciousness for reflection. As the result of those cogitations he strolled over to the hitching rack where he found a lowland farmer with whom he had spent a part of the morning talking cattle.
"Stranger," he suggested, "I 'lowed I'd love to ride out the road a piece, an' I figgered I'd ask ye ter lend me yore horse fer about a half-hour. I hain't ergwine fur, an' I won't ride him hard. I'll do es much fer you when you come up my way."
With ready assent, the farmer went over and untied his plug, and Red Newton swung himself to the saddle. Then he rode slowly and casually after the boy. He did not try to overtake him, satisfying himself with keeping him in sight, while he himself remained too far back to be recognizable. But Red Newton had affairs of consequence in town, so, as soon as he was satisfied that Newt had lost sight of the buggy, he turned back. He intended to mention the circumstance to Black Pete, but Black Pete was keeping discreetly out of sight, and so he found no opportunity for speech with him.
Meanwhile, the throng about the court-house was thickening, and Red Newton caught sight of Jake Falerin making his way to a place near the stand. That was his own cue for action, so, forgetting minor things, and keeping as inconspicuous as possible, he began edging toward a position of proximity in Falerin's rear. He signaled with a nod to one of his kinsmen, who was standing silently, but alertly, a little way off, and who at once began working forward in answer to the sign. The plan worked with well-oiled smoothness. Red Newton came so close that he almost brushed shoulders with his intended victim, and even when he stood at Jake Falerin's back, chewing his tobacco with as little expression as a cow chewing its cud, Falerin did not turn around or suspect his presence.
As the speaking went forward, Red Newton cast his eyes about, and placed those of his kinsmen who were present. It had not been deemed advisable to have the clan largely represented, and it gave him pleasure to recognize that Falerins largely out-numbered Spooners. Later, when the question of self-defense and placing the responsibility arose, it would appear that the Falkins element had come en masse, and from this circumstance would arise a presumption of malice aforethought on their part. That would materially strengthen the Spooner defense. In dividing the mountain men into the two factions of Spooner and Falkins, Red followed the classification of the feud. The Falerins and Hulburts and their kindred were "Falkinses," though they bore other names, just as he himself, though a Newton, was nevertheless a Spooner.
At the psychological moment, Red Newton stepped forward and violently dug his elbow into Jake Falerin's midriff. Falerin wheeled to see who was crowding him, and the eyes of the two mountaineers met in a glance which escaped the generality of upturned faces. So well did each understand what a quarrel between them must mean that Jake did not hedge an inch nor attempt to evade the issue. He planted his left fist on Red Newton's jaw, while he drew with his right. But Red Newton was the more prepared, though, as he reeled back under the blow, he would have fallen, had there been room to fall. As it was he leaned against the crowd, and fired from that position, just a fraction of a second before Falerin's weapon came free of the holster. It was only those directly at Red's back who saw the swift play, and to their eyes it bore the seeming of self-defense. In the same instant, the kinsman at Red Newton's shoulder fired on the attorney so suddenly that it looked as if he too were aiming at Falerin's head, instead of just to its side.
Later in the afternoon, Black Pete, whose name had been mentioned to the commonwealth attorney by several of the Falerins, walked voluntarily into the office of that functionary. His demeanor was quiet and deeply grieved. Moreover, it was characterized by a show of frankness that was disarming. He said he would be glad to submit to a search – that he never went armed. He feared that in an indirect way, though entirely without his intent, he had been instrumental in bringing on the afternoon's deplorable tragedy. The commonwealth's attorney was astounded at this unsolicited statement, verging so closely on a confession, and felt impelled to warn the Deacon that he might yet find himself a defendant, and that whatever he said would be used against him. Had the Deacon been addicted to smiling he would have smiled then. As it was, he only nodded his head gravely, half sadly, as he stood there, his hands in his pockets, and his steady gray eyes unwaveringly holding those of his inquisitor.
"I reckon that's right, an' I'm obliged to you," he answered respectfully, "but I find as I go 'long that a man gets just as far by tellin' the full truth."
"Just as you like. What part did you have in this affair?" demanded the state prosecutor – a little too eagerly.
"Maybe you'd better let me tell it my own way," suggested Black Pete imperturbably. "I haven't got much education and I may ramble a little, but I'll do my best. You know all about the feud, I reckon? I went West years ago, and out there I got to see that these things are foolish. A sort of truce was patched up finally, and it was agreed that I must stay West, and Jake Falerin must leave the mountains, too. I got a little money saved up, and sent word that I was comin' home to settle up a mortgage on my sister's farm, and attend to some other family business. I didn't aim to stay, and I haven't been any closer to the mountains than right here. I wasn't goin' any closer till everybody agreed to it. I didn't think these fellers would fight right here in Winchester."
The Deacon stood with the regretful air of one who has been disappointed in his confidence as to the worthiness of others. At last, he continued in a conscience-stricken tone:
"I've been studyin' about it considerable since it happened. I'm afraid the Falerins saw me, and figured I'd broke the truce by comin' back, and, when Jake met Red in the crowd, they both got panicky, and begun to shoot."
That was all the Deacon had to state except his promise to remain in Winchester, subject to the call of the commonwealth. He knew that no one, save a handful whom he could trust, could implicate him in the conspiracy, which he had devised and engineered. His claws and fangs were well-tucked under his sheep's hide of innocence. While he was in the law-office, the jailer arrived with news that Red Newton and his other prisoner had asked to see Black Pete Spooner, with a view to employing counsel for their defense. The Deacon turned to the commonwealth's attorney.
"What do you think?" he said. "I reckon these boys have that privilege, haven't they? I want to be fair all round. If they did shoot in self-defense, I want them to have their rights, but I'll be here if you need me."
So, late in the afternoon, in the privacy of the cell which the two mountaineers complacently shared, the Deacon heard from Red how the boy, Newt, fresh from the penitentiary, was already on the trail of a "marked-down" victim. It was news that disconcerted the master assassin to a degree which he would not have cared to admit. These men depended upon making a case of self-defense, and looked to him to see them through. The gravest element that confronted them was the violent dislike of the bluegrass, where they must face trial, for the murderous tendencies of the mountains. If there should occur on the heels of the first tragedy a second, traceable to a mountain man, the fat would be in the fire. At all costs, young Newt must for the present hold his hand. Above all else, that was imperative. Black Pete questioned the prisoner searchingly and learned that Newt had gone out Main Street, and Red had followed him for some distance. Therefore, that was the road young Newt would watch, and the road upon which young Newt must be watched. Cawsler later reported the manner in which the boy had come demanding arms, and the Deacon bitterly regretted having surrendered to him his own pistol.
And Newt had disappeared. Of each Spooner he met, the Deacon demanded news of his whereabouts. Finally, near the court-house, he met a man who had seen the sought-for one sauntering slowly out the road near the edge of town. Since it was only a few minutes before, he could not have gone far.
The Deacon hurried forward, and from a party of incoming negroes he learned of the dance, which explained the procession of buggies and gave him a clew. Probably, Newt had learned that his intended victim would be there. At least, it would be worth investigating. But of Newt himself he saw nothing, for when he reached the spot where the boy had climbed the fence to kill time behind the hedge, he unwittingly passed him by. At the beginning of the stone fence, where he caught first the music and the light of the festivities, his eye took in the growth of locusts and his mountain mind reckoned by swift processes. Here was such natural cover as a man would be likely to seek