Blackwood's Edinburgh Magazine - Volume 54, No. 338, December 1843

"Send away the nigger, squire," said Bob. "What a free white man has to say, shouldn't be heard by black ears."

"Go away, Ptoly," said the judge. "Now, then," added he, turning to Bob, "say what you have to say; but mind, nobody forces you to do it, and it's only out of good will that I listen to you, for to-day's Sunday."

"I know that," muttered Bob; "I know that, squire; but it leaves me no peace, and it must out. I've been to San Felipe de Austin, to Anahuac, every where, but it's all no use. Wherever I go, the spectre follows me, and drives me back under the cursed Patriarch."

"Under the Patriarch!" exclaimed the judge.

"Ay, under the Patriarch!" groaned Bob. "Don't you know the Patriarch; the old live oak near the ford, on the Jacinto?"

"I know, I know!" answered the Judge. "And what drives you under the Patriarch?"

"What drives me? What drives a man who—who"——

"A man who"—— repeated the judge, gently.

"A man," continued Bob, in the same low tone, "who has sent a rifle bullet into another's heart. He lies there, under the Patriarch, whom I"——

"Whom you?" asked the judge.

"Whom I killed!" said Bob, in a hollow whisper.

"Killed!" exclaimed the judge. "You killed him? Whom?"

"Ah! whom? Why don't you let me speak? You always interrupt me with your palaver," growled Bob.

"You are getting saucy, Bob," said the judge impatiently. "Go on, however. I reckon it's only one of your usual tantrums."

Bob shook his head. The judge looked keenly at him for a moment, and then resumed in a sort of confidential, encouraging tone.

"Under the Patriarch; and how did he come under the Patriarch?"

"I dragged him there, and buried him there," replied Bob.

"Dragged him there! Why did you drag him there?"

"Because he couldn't go himself, with more than half an ounce of lead in his body."

"And you put the half ounce of lead into him, Bob? Well, if it was Johnny, you've done the country a service, and saved it a rope."

Bob shook his head negatively.

"It wasn't Johnny, although—— But you shall hear all about it. It's just ten days since you paid me twenty dollars fifty."

"I did so, Bob; twenty dollars fifty cents, and I advised you at the same time to let the money lie till you had a couple of hundred dollars, or enough to buy a quarter or an eighth of Sitio land; but advice is thrown away upon you."

"When I got the money, I thought I'd go down to San Felipe, to the Mexicans, and try my luck; and, at the same time, see the doctor about my fever. As I was goin' there, I passed near Johnny's house, and fancied a glass, but determined not to get off my horse. I rode up to the window, and looked in. There was a man sittin' at the table, havin' a hearty good dinner of steaks and potatoes, and washin' it down with a stiff glass of grog. I began to feel hungry myself, and while I was considerin' whether I should 'light or not, Johnny came sneakin' out, and whispered to me to come in, that there was a man inside with whom somethin' might be done if we went the right way to work; a man who had a leather belt round his waist cram-full of hard Jackson; and that, if we got out the cards and pretended to play a little together, he would soon take the bait and join us.

"I wasn't much inclined to do it," continued Bob; "but Johnny bothered me so to go in, that I got off my horse. As I did so the dollars chinked in my pocket, and the sound gave me a wish to play.

"I went in; and Johnny fetched the whisky bottle. One glass followed another. There were beefsteaks and potatoes too, but I only eat a couple of mouthfuls. When I had drank two, three, ay, four glasses, Johnny brought the cards and dice. 'Hallo, Johnny!' says I; 'cards and dice, Johnny! I've twenty dollars fifty in my pocket. Let's have a game! But no more drink for me; for I know you, Johnny, I know you'——

"Johnny larfed slyly, and rattled the dice, and we sat down to play. I hadn't meant to drink any more, but play makes one thirsty; and with every glass I got more eager, and my dollars got fewer. I reckoned, however, that the stranger would join us, and that I should be able to win back from him; but not a bit of it: he sat quite quiet, and eat and drank as if he didn't see we were there. I went on playin' madder than ever, and before half an hour was over, I was cleaned out; my twenty dollars fifty gone to the devil, or what's the same thing, into Johnny's pocket.

"When I found myself without a cent, I was mad, I reckon. It warn't the first time, nor the hundredth, that I had lost money. Many bigger sums than that—ay, hundreds and thousands of dollars had I played away—but they had none of them cost me the hundredth or thousandth part of the trouble to get that these twenty dollars fifty had; two full months had I been slavin' away in the woods and prairies to airn them, and I caught the fever there. The fever I had still, but no money to cure it with. Johnny only larfed in my face, and rattled my dollars. I made a hit at him, which, if he hadn't jumped on one side, would have cured him of larfin' for a week or two.

"Presently, however, he came sneakin' up to me, and winkin' and whisperin'; and, 'Bob!' says he, 'is it come to that with you? are you grown so chicken-hearted that you don't see the beltful of money round his body?' said he, lookin' at it. 'No end of hard coin, I guess; and all to be had for little more than half an ounce of lead.'"

"Did he say that?" asked the judge.

"Ay, that did he, but I wouldn't listen to him. I was mad with him for winning my twenty dollars; and I told him that, if he wanted the stranger's purse, he might take it himself, and be d——d; that I wasn't goin' to pull the hot chestnuts out of the fire for him. And I got on my horse, and rode away like mad.

"My head spun round like a mill. I couldn't get over my loss. I took the twenty dollars fifty more to heart than any money I had ever gambled. I didn't know where to go. I didn't dare go back to you, for I knew you'd scold me."

"I shouldn't have scolded you, Bob; or, if I had, it would only have been for your good. I should have summoned Johnny before me, called together a jury of twelve of the neighbours, got you back your twenty dollars fifty, and sent Johnny out of the country; or, better still, out of the world."

These words were spoken with much phlegm, but yet with a degree of feeling and sympathy, which greatly improved my opinion of the worthy judge. Bob also seemed touched. He drew a deep sigh, and gazed at the Alcalde with a melancholy look.

"It's too late," muttered he; "too late, squire."

"Perhaps not," replied the judge, "but let's hear the rest."

"Well," continued Bob, "I kept riding on at random, and when evenin' came I found myself near the palmetta field on the bank of the Jacinto. As I was ridin' past it, I heard all at once the tramp of a horse. At that moment the queerest feelin' I ever had came over me; a sort of cold shiverin' feel. I forgot where I was; sight and hearin' left me; I could only see two things, my twenty dollars fifty, and the well-filled belt of the stranger I had left at Johnny's. Just then a voice called to me.

"'Whence come, countryman, and whither going?' it said.

"'Whence and whether,' answered I, as surly as could be; 'to the devil at a gallop, and you'd better ride on and tell him I'm comin'.'

"'You can do the errand yourself,' answered the stranger larfin'; 'my road don't lie that way.'

"As he spoke, I looked round, and saw, what I was pretty sure of before, that it was the man with the belt full of money.

"'Ain't you the stranger I see'd in the inn yonder?' asked he.

"'And if I am,' says I; 'what's that to you?'

"'Nothin',' said he; 'nothin', certainly.'

"'Better ride on,' says I; 'and leave me quiet.'

"'Will so, stranger; but you needn't take it so mighty onkind. A word ain't a tomahawk, I reckon,' said he. 'But I rayther expect your losin's at play ain't put you in a very church-goin' humour; and, if I was you, I'd keep my dollars in my pocket, and not set them on cards and dice.'

"This put me in a rile to hear him cast my losin's in my teeth that way.

"'You're a nice feller,' said I, 'to throw a man's losses in his face. A pitiful chap you are,' says I.

"I thought to provoke him, and that he'd tackle me. But he seemed to have no fancy for a fight, for he said quite humble like—

"'I throw nothin' in your face; God forbid that I should reproach you with your losses! I'm sorry for you, on the contrary. Don't look like a man who can afford to lose his dollars. Seem to me one who airns his money by hard work.'

"We were just then halted at the further end of the cane brake, close to the trees that border the Jacinto. I had turned my horse, and was frontin' the stranger. And all the time the devil was busy whisperin' to me, and pointin' to the belt round the man's waist. I could see where it was, plain enough, though he had buttoned his coat over it.

"'Hard work, indeed,' says I; 'and now I've lost every thing; not a cent left for a quid of baccy.'

"'If that's all,' says he; 'there's help for that. I don't chew myself, and I ain't a rich man; I've wife and children, and want every cent I've got, but it's one's duty to help a countryman. You shall have money for tobacco and a dram.'

"And so sayin', he took a purse out of his pocket, in which he carried his change. It was plenty full; there may have been some twenty dollars in it; and as he drew the string, it was as if the devil laughed and nodded to me out of the openin' of the purse.

"'Halves!' cried I.

"'No, not that,' says he; 'I've wife and child, and what I have belongs to them; but half a dollar'——

"'Halves!' cried I again; 'or else'——

"'Or else?' repeated he: and, as he spoke, he put the purse back into his pocket, and laid hold of the rifle which was slung on his shoulder.

"'Don't force one to do you a mischief,' said he. 'Don't' says he; 'we might both be sorry for it. What you're thinkin' of brings no blessin'.'

"I was past seein' or hearin'. A thousand devils from hell were possessin' me.

"'Halves!' I yelled out; and, as I said the word, he sprang out of the saddle, and fell back over his horse's crupper to the ground.

"'I'm a dead man!' cried he; as well as the rattle in his throat would let him. 'God be merciful to me! My poor wife, my poor children!'"

Bob paused; he gasped for breath, and the sweat stood in large drops upon his forehead. He gazed wildly round the room. The judge himself looked very pale. I tried to rise, but sank back in my chair. Without the table I believe I should have fallen to the ground.

There was a gloomy pause of some moments' duration. At last the judge broke silence.

"A hard, hard case!" said he. "Father, mother, children, all at one blow. Bob, you are a bad fellow; a very bad fellow; a great villain!"

"A great villain," groaned Bob. "The ball was gone right through his breast."

"Perhaps your gun went off by accident," said the judge anxiously. "Perhaps it was his own ball."

Bob shook his head.

"I see him now, judge, as plain as can be, when he said, 'Don't force me to do you a mischief. We might both be sorry for it.' But I pulled the trigger. His bullet is still in his rifle.

"When I saw him lie dead before me, I can't tell you what I felt. It warn't the first I had sent to his account; but yet I would have given all the purses and money in the world to have had him alive agin. I must have dragged him under the Patriarch, and dug a grave with my huntin' knife; for I found him there afterwards."

"You found him there?" repeated the judge.

"Yes. I don't know how he came there. I must have brought him, but I recollect nothin' about it."

The judge had risen from his chair, and was walking up and down the room, apparently in deep thought. Suddenly he stopped short.

"What have you done with his money?"

"I took his purse, but buried his belt with him, as well as a flask of rum, and some bread and beef he had brought away from Johnny's. I set out for San Felipe, and rode the whole day. In the evenin', when I looked about me, expectin' to see the town, where do you think I was?"

The judge and I stared at him.

"Under the Patriarch. The ghost of the murdered man had driven me there. I had no peace till I'd dug him up and buried him again. Next day I set off in another direction. I was out of tobacco, and I started across the prairie to Anahuac. Lord, what a day I passed! Wherever I went, he stood before me. If I turned, he turned too. Sometimes he came behind me, and looked over my shoulder. I spurred my mustang till the blood came, hopin' to get away from him, but it was all no use. I thought when I got to Anahuac I should be quit of him, and I galloped on as if for life or death. But in the evenin', instead of bein' close to the salt-works as I expected, there I was agin, under the Patriarch. I dug him up a second time, and sat and stared at him, and then buried him agin."

"Queer that," observed the judge.

"Ay, very queer!" said Bob mournfully. "But it's all no use. Nothin' does me any good. I sha'n't be better—I shall never have peace till I'm hung."

Bob evidently felt relieved now, he had in a manner passed sentence on himself. Strange as it may appear, I had a similar feeling, and could not help nodding my head approvingly. The judge alone preserved an unmoved countenance.

"Indeed!" said he, "indeed! You think you'll be no better till you're hung."

"Yes," answered Bob, with eager haste. "Hung on the same tree under which he lies buried."

"Well, if you will have it so, we'll see what can be done for you. We'll call a jury of the neighbours together to-morrow."

"Thank ye, squire," murmured Bob, visibly comforted by this promise.

"We'll summon a jury," repeated the Alcalde, "and see what can be done for you. You'll perhaps have changed your mind by that time."

I stared at him like one fallen from the clouds, but he did not seem to notice my surprise.

"There is, perhaps, another way to get rid of your life, if you are tired of it," he continued. "We might, perhaps, hit upon one that would satisfy your conscience."

Bob shook his head. I involuntarily made the same movement.

"At any rate, we'll hear what the neighbours say," added the judge.

Bob stepped up to the judge, and held out his hand to bid him farewell. The other did not take it, and turning to me, said—"You had better stop here, I think."

Bob turned round impetuously.

"The gentleman must come with me."

"Why must he?" said the judge.

"Ask himself."

I again explained the obligations I was under to Bob; how we had fallen in with one another, and what care and attention he had shown me at Johnny's.

The judge nodded approvingly."Nevertheless," said he, "you will remain here, and Bob will go alone. You are in a state of mind, Bob, in which a man is better alone, d'ye see; and so leave the young man here. Another misfortune might happen; and, at any rate, he's better here than at Johnny's. Come back to-morrow, and we'll see what can be done for you."

These words were spoken in a decided manner, which seemed to have its effect upon Bob. He nodded assentingly, and left the room. I remained staring at the judge, and lost in wonder at these strange proceedings.

When Bob was gone, the Alcalde gave a blast on a shell, which supplied the place of a bell. Then seizing the cigar box, he tried one cigar after another, broke them peevishly up, and threw the pieces out of the window. The negro whom the shell had summoned, stood for some time waiting, while his master broke up the cigars, and threw them away. At last the judge's patience seemed quite to leave him.

"Hark ye, Ptoly!" growled he to the frightened black, "the next time you bring me cigars that neither draw nor smoke, I'll make your back smoke for it. Mind that, now;—there's not a single one of them worth a rotten maize stalk. Tell that old coffee-coloured hag of Johnny's, that I'll have no more of her cigars. Ride over to Mr Ducie's and fetch a box. And, d'ye hear? Tell him I want to speak a word with him and the neighbours. Ask him to bring the neighbours with him to-morrow morning. And mind you're home again by two o'clock. Take the mustang we caught last week. I want to see how he goes."

The negro listened to these various commands with open mouth and staring eyes, then giving a perplexed look at his master, shot out of the room.

"Where away, Ptoly?" shouted the Alcalde after him.

"To Massa Ducie."

"Without a pass, Ptoly? And what are you going to say to Mr Ducie?"

"Him nebber send bad cigar again, him coffee-cullud hag. Massa speak to Johnny and neighbours. Johnny bring neighbours here."

"I thought as much," said the judge with perfect equanimity. "Wait a minute, I'll write the pass, and a couple of lines for Mr Ducie."

This was soon done, and the negro dispatched on his errand. The judge waited till he heard the sound of his horse's feet galloping away, and then, laying hold of the box of despised cigars, lit the first which came to hand. It smoked capitally, as did also one that I took. They were Principes, and as good as I ever tasted.

I passed the whole of that day tête à tête with the judge, who, I soon found, knew various friends of mine in the States. I told him the circumstances under which I had come to Texas, and the intention I had of settling there, should I find the country to my liking. During our long conversation, I was able to form a very different, and much more favourable estimate of his character, than I had done from his interview with Bob. He was the very man to be useful to a new country; of great energy, sound judgment, enlarged and liberal views. He gave me some curious information as to the state of things in Texas; and did not think it necessary to conceal from me, as an American, and one who intended settling in the country, that there was a plan in agitation for throwing off the Mexican yoke, and declaring Texas an independent republic. The high-spirited, and, for the most part, intelligent emigrants from the United States, who formed a very large majority of the population of Texas, saw themselves, with no very patient feeling, under the rule of a people both morally and physically inferior to themselves. They looked with contempt, and justly so, on the bigoted, idle, and ignorant Mexicans, while the difference of religion, and interference of the priests, served to increase the dislike between the Spanish and Anglo-American races.

Although the project was as yet not quite ripe for execution, it was discussed freely and openly by the American settlers. "It is the interest of every man to keep it secret," said the judge; "and there can be nothing to induce even the worst amongst us to betray a cause, by the success of which he is sure to profit. We have many bad characters in Texas, the offscourings of the United States, men like Bob, or far worse than him; but debauched, gambling, drunken villains though they be, they are the men we want when it comes to a struggle; and when that time arrives, they will all be found ready to put their shoulders to the wheel, use knife and rifle, and shed the last drop of their blood in defence of their fellow citizens, and of the new and independent republic of Texas. At this moment, we must wink at many things which would be severely punished in an older and more settled country; each man's arm is of immense value to the State; for, on the day of battle, we shall have, not two to one, but twenty to one opposed to us."

I was awakened the following morning by the sound of a horse's feet; and, looking out of the window, saw Bob dismounting from his mustang. The last twenty-four hours had told fearfully upon him. His limbs seemed powerless, and he reeled nd staggered in such a manner, that I at first thought him intoxicated. But such was not the case. His was the deadly weariness caused by mental anguish. He looked like one just taken off the rack.

Hastily pulling on my clothes, I hurried down stairs, and opened the house door. Bob stood with his head resting on his horse's neck, and his hands crossed, shivering, and groaning. When I spoke to him, he looked up, but did not seem to know me. I tied his horse to a post, and taking his hand, led him into the house. He followed like a child, apparently without the will or the power to resist; and when I placed him in a chair, he fell into it with a weight that made it crack under him, and shook the house. I could not get him to speak, and was about to return to my room to complete my toilet, when I again heard the tramp of mustangs. This was a party of half a dozen horsemen, all dressed in hunting shirts over buckskin breeches and jackets, and armed with rifles and bowie-knives; stout, daring looking fellows, evidently from the south-western states, with the true Kentucky half horse half alligator profile, and the usual allowance of thunder, lightning, and earthquake. It struck me when I saw them, that two or three thousand such men would have small difficulty in dealing with a whole army of Mexicans, if the latter were all of the pigmy, spindle-shanked breed I had seen on first landing. These giants could easily have walked away with a Mexican in each hand.

They jumped off their horses, and threw the bridles to the negroes in the usual Kentuckian devil-may-care style, and then walked into the house with the air of people who make themselves at home every where, and who knew themselves to be more masters in Texas than the Mexicans themselves. On entering the parlour, they nodded a "good-morning" to me, rather coldly to be sure, for they had seen me talking with Bob, which probably did not much recommend me. Presently, four more horsemen rode up, and then a third party, so that there were now fourteen of them assembled, all decided-looking men, in the prime of life and strength. The judge, who slept in an adjoining room, had been awakened by the noise. I heard him jump out of bed, and not three minutes elapsed before he entered the parlour.

After he had shaken hands with all his visitors, he presented me to them, and I found that I was in the presence of no less important persons than the Ayuntamiento of San Felipe de Austin; and that two of my worthy countrymen were corregidors, one a procurador, and the others buenos hombres, or freeholders. They did not seem, however, to prize their titles much, for they addressed one another by their surnames only.

The negro brought a light, opened the cigar box, and arranged the chairs; the judge pointed to the sideboard, and to the cigars, and then sat down. Some took a dram, others lit a cigar.

Several minutes elapsed, during which the men sat in perfect silence, as if they were collecting their thoughts, or, as though it were undignified to show any haste or impatience to speak. This grave sort of deliberation which is met with among certain classes, and in certain provinces of the Union, has often struck me as a curious feature of our national character. It partakes of the stoical dignity of the Indian at his council fire, and of the stern, religious gravity of the early puritan settlers in America.

During this pause Bob was writhing on his chair like a worm, his face concealed by his hands, his elbows on his knees. At last, when all had drank and smoked, the judge laid down his cigar.

"Men!" said he.

"Squire!" answered they.

"We've a business before us, which I calculate will be best explained by him whom it concerns."

The men looked at the squire, then at Bob, then at me.

"Bob Rock! or whatever your name may be, if you have aught to say, say it!" continued the judge.

"Said it all yesterday," muttered Bob, his face still covered by his hands.

"Yes, but you must say it again to-day. Yesterday was Sunday, and Sunday is a day of rest, and not of business. I will neither judge you, nor allow you to be judged, by what you said yesterday. Besides, it was all between ourselves, for I don't reckon Mr Rivers as any thing; I count him still as a stranger."

"What's the use of so much palaver, when the thing's plain enough?" said Bob peevishly, raising his head as he spoke.

The men stared at him in grave astonishment. He was really frightful to behold, his face of a sort of blue tint; his cheeks hollow, his beard wild and ragged; his blood-shot eyes rolling, and deep sunk in their sockets. His appearance was scarcely human.

"I tell you, again," said the judge, "I will condemn no man upon his own word alone; much less you, who have been in my service, and eaten of my bread. You accused yourself yesterday, but you were delirious at the time—you had the fever upon you."

"It's no use, squire," said Bob, apparently touched by the kindness of the judge, "You mean well, I see; butt though you might deliver me out of men's hands, you couldn't rescue me from myself. It's no use—I must be hung—hung on the same tree under which the man I killed lies buried."

The men, or the jurors, as I may call them, looked at one another, but said nothing.

"It's no use," again cried Bob, in a shrill, agonized tone. "If he had attacked me, or only threatened me; but no, he didn't do it. I hear his words still, when he said, 'Do it not, man! I've wife and child. What you intend, brings no blessin' on the doer.' But I heard nothin' then except the voice of the devil; I brought the rifle down—levelled—fired."

The man's agony was so intense, that even the iron featured jury seemed moved by it. They cast sharp, but stolen glances at Bob. There was a short silence.

"So you have killed a man?" said a deep bass voice at last.

"Ay, that have I!" gasped Bob.

"And how came that?" continued his questioner.

"How it came? You must ask the devil, or Johnny. No, not Johnny, he can tell you nothing; he was not there. No one can tell you but me; and I hardly know how it was. The man was at Johnny's, and Johnny showed me his belt full of money."

"Johnny!" exclaimed several of the jury.

"Ay, Johnny! He reckoned on winning it from him, but the man was too cautious for that; and when Johnny had plucked all my feathers, won my twenty dollars fifty"——

"Twenty dollars fifty cents," interposed the judge, "which I paid him for catching mustangs and shooting game."

The men nodded.

"And then because he wouldn't play, you shot him?" asked the same deep-toned voice as before.

"No—some hours after—by the Jacinto, near the Patriarch—met him down there and killed him."

"Thought there was something out o' the common thereaway," said one of the jury; "for as we rode by the tree a whole nation of kites and turkey buzzards flew out. Didn't they, Mr Heart?"

Mr Heart nodded.

"Met him by the river, and cried, halves of his money," continued Bob mechanically. "He said he'd give me something to buy a quid, and more than enough for that, but not halves 'I've wife and child,' said he"——

"And you?" asked the juror with the deep voice, which this time, however, had a hollow sound in it.

"Shot him down," said Bob, with a wild hoarse laugh.

For some time no word was spoken.

"And who was the man?" said a juror at last.

"Didn't ask him; and it warn't written on his face. He was from the States; but whether a hosier, or a buckeye, or a mudhead, is more than I can say."

"The thing must be investigated, Alcalde," said another of the jury after a second pause.

"It must so," answered the Alcalde.

"What's the good of so much investigation?" grumbled Bob.

"What good?" repeated the Alcalde. "Because we owe it to ourselves, to the dead man, and to you, not to sentence you without having held an inquest on the body. There's another thing which I must call your attention to," continued he, turning to the jury; "the man is half out of his mind—not compos mentis, as they say. He's got the fever, and had it when he did the deed; he was urged on by Johnny, and maddened by his losses at play. In spite of his wild excitement, however, he saved that gentleman's life yonder, Mr Edward Nathanael Rivers."

"Did he so?" said one of the jury.

"That did he," replied I, "not only by saving me from drowning when my horse dragged me, half dead and helpless, into the river, but also by the care and attention he forced Johnny and his mulatto to bestow upon me. Without him I should not be alive at this moment."

Bob gave me a look which went to my heart. The tears were standing in his eyes. The jury heard me in deep silence.

"It seems that Johnny led you on and excited you to this?" said one of the jurors.

"I didn't say that. I only said that he pointed to the man's money bag, and said—— But what is it to you what Johnny said? I'm the man who did it. I speak for myself, and I'll be hanged for myself."

"All very good, Bob," interposed the Alcalde; "but we can't hang you without being sure you deserve it. What do you say to it, Mr Whyte? You're the procurador—and you, Mr Heart and Mr Stone? Help yourselves to rum or brandy; and, Mr Bright and Irwin, take another cigar. They're considerable tolerable the cigars—ain't they? That's brandy, Mr Whyte, in the diamond bottle."