V
SENATOR BULL'S STORY
When we returned to the observation car Senator Bull was unanimouslycalled to the chair.
"I shall hark back to my boyhood days," said he, "and relate an incidentin my early life, and its sequel when I attained man's estate. I supposeall of us have had experiences which have more than once brought homethe weight of that bewhiskered old maxim--'Truth is stranger thanfiction.'
"There were twelve of us--Bert Martin, Joey Scott, Tom Hyland, GeorgieMorris, Jake Milburn, Bob Hardee, Lannie Sudduth, Owen Prouty, Alf Rush,Ed Ross, Dolph Levy, and myself. The Forestburg Rifles we calledourselves. Ed Ross was captain, and Lannie Sudduth and Bob Hardee,lieutenants. There were no other officers, for that would have left toofew privates; but, as it was, our nine men marching single file and wideapart made a fine showing. Owen Prouty limping bravely along, brought upthe rear. 'That lame Prouty boy' was the gamest fellow in the commandand it nearly broke his heart when we marched away in earnest insixty-one, and left him behind--the leader of the home-guard.
"The Rifles were armed with wooden guns, and drilled twice a week inBert Martin's barn--drilled with almost the same precision and attentionto the manual as we _had_ to do in later years. Ed Ross was a strictdisciplinarian even then, and awfully in earnest. Indeed, we all werefor that matter. When the notion is strong upon them, young folks beattheir elders all hollow at that sort of thing. Every Saturday afternoonat three o'clock, weather permitting, we met at our armory, and aftersome preliminary maneuvers marched down High Street. Old Cush Woodberryand the other loafers at Horton's would come out on the platform infront of the store and review the troops. The interest those lazyfellows took in us was astonishing. Old Cush even volunteered one day togive us some instructions in tactics, but our gallant captaincourteously declined. There were others, though, who did not admire usso much. The green-eyed monster reigned supreme over on Liberty Street,and around by the court-house lot. There the country lads in town forSaturday market were entrenched, and they jeered at us enviously fromthe line of wagons drawn up in battle array. Occasionally a rotten appleor potato would sail through the air in our direction, but we marchedpast our tormentors stiffly erect, and apparently unconscious. Had ournumbers been stronger we would have joyfully stormed the enemy's works,but the country boys were bigger than we, and vastly more numerous; sowith us discretion was indeed the better part of valor.
"The Rifles were organized just after school broke up, and flourishedall that summer; a remarkable thing for Forestburg boys, for we were asquabbling lot, prone to quarrel and fight upon the slightestprovocation. But in some way our captain held us together--just as hedid afterward at Antietam and Gettysburg. Dear old chap, he holds usstill!
"In early September we received our colors. Up to that time Owen Proutyhad carried a small flag on his musket, but it had never been dignifiedas the company's colors. Our real flag was given to us by the littleMcDermott girl, and the giving was done so prettily and sweetly that ourboyish hearts were touched--and this is saying a good deal. Not, indeed,that the Forestburg boys were rougher than other boys, for I guess theyare all pretty much alike; but we had been taught to hate and shun theMcDermotts. They were newcomers, and Danny McDermott had been a YoungIrelander, or something else equally as dreadful. Then, too, Forestburgwas a Knownothing stronghold, and we fell naturally into our daddies'way of thinking. So we roundly snubbed the pleasant-faced Danny and hisfamily whenever we had a chance, and the fellows at school used to bullyTerence, the son, most atrociously. Yet as we marched by the McDermotts'on Saturday afternoons little Katie would always run out to the gatedelightedly and wave a large flag, and after a while we came to lookupon the little golden-haired child and her flag as quite a feature ofour parade. Finally, one day she stepped into the street, and with aquaint curtsy presented the flag, garlanded with roses and buttercups,to our captain. The command was at once ordered to halt, and all eyeswere fixed upon Ed and the blushing child.
"'Attention!' shouted Captain Ross. We obeyed and looked straight aheadas good soldiers should, with a sly glance out of the corners of oureyes at our leader. But Ed knew just what to do. He faced about sharply,and made a low bow to the lady, took the flag held out to him, and thenmade a speech. Ed Ross was always a fine talker, and had won theelocution prize at school the year before. On this occasion he fairlysurpassed himself. I have often thought of it since. At our next meetingwe unanimously elected Miss Katherine Burke McDermott an honorary memberof the Rifles. Tom Ryland's sister drew up the resolutions, and theywere very beautiful.
* * * * *
"It was a sultry afternoon, and the little jury-room was suffocating.The fight for a life which had raged out in the gloomy court-room fortwo weeks or more was now transferred to the ten by twelve cubby-holewhere we had been cooped up since noon. The evidence against theprisoner was overwhelming, but some of the jurors still wavered as totheir clear duty. Eight of us were for murder in the first degree; theothers were in the same frame of mind, I am sure, but tantalizingly slowabout saying so. It looked like an all-night struggle.
"Thrice since midday had Sheriff Watkins popped in his red head andasked if we had agreed upon a verdict, and as often had he angrilywithdrawn. Watkins had a profound contempt for juries in general, andour jury in particular. According to the sheriff, the case ofCommonwealth against Hardy was decided, and decided fully, whenDillingham finished his speech. Dillingham was the prosecuting attorney,and Watkins worshipped him down to the ground. Watkins was thereforeclearly prejudiced, but in this instance his views were undeniablysound.
"The court, despairing and thirsty, had adjourned to meet at seveno'clock. In the jury-room all arguments for and against the stand takenby the unshaken eight seemed exhausted. The hours dragged wearily by. Athalf-past five o'clock, to our great surprise, three of the obstinatecrowd came over to our way of thinking. Whether stern duty, our mutualdiscomfort, or the prospect of another night away from their familieswrought this, I know not. So then, with the single exception of ColonelRoss, we were all for stringing up the prisoner.
"Colonel Ross still stuck out doggedly for a milder punishment--anythingto save the poor devil's life, he said. For the first time in my careerI rebelled against the judgment of my old friend, and for the first timefound myself arrayed against him, and the novelty of the situation wasfar from agreeable. The clock in the town hall struck six, and thewhistles down at Thayer's mill blew furiously. The Colonel was bitingthe ends of his mustache and gazing moodily into the crowded streetbelow. I went up to him and put my hand on his shoulder.
"'Now, Colonel,' said I, in my most persuasive tones, 'can't you make upyour mind to join us in this thing? We are all agreed except yourself.God knows we have no personal feeling against Hardy. We are simply doingwhat we think is our duty, and a mighty nasty one it is, too! You knowthat. But we owe something to society--society, whose structure wasshaken to its very foundation by the perpetration of this crime!(Dillingham's own words.) The prisoner is clearly guilty. Why, thefellow practically confesses it. We ought to put some stop to thekilling and general rascality up there in the settlement. Our section isfast becoming a monstrous blot on the fair name of the Commonwealth!(Dillingham again.) What is there left for us to do but carry out thelaw? What is there left for----' My voice died away weakly. Something inthe Colonel's face effectually blasted my budding eloquence. At thatmoment I felt myself a greater criminal than Hardy or any of his gang.
"Colonel Ross tapped the floor impatiently with his crutch. He was atesty man, but much was borne from him.
Colonel Ross addressing the jury.]
"'Gentlemen,' said he, his eyes flashing, 'I verily think that the goodGod above in His great wisdom and mercy picked out this jury Himself. Iam sure He did. Now, listen to me. It will not take long.
"'We have all had a tedious two weeks of it, haven't we? The weather hasbeen warm; our business neglected; some of us have sick ones at home weare anxious to see; and we a
re all losing our health and temper in thisclose confinement. And I by no means omit the dreadful meals at theDarby House. But, gentlemen, rather than come over to you and hang EphHardy, I would stay here forever! Not, indeed, that there is any dangerof that, for the Judge will discharge us pretty soon if we do not cometo terms. But I can at least go to my home with nothing to haunt me therest of my life. I can at least close my eyes at night without fear oftroubled dreams or hours of unrest. And I thank God for it.
"'Now, my friends, while all that we've gone through has been wearing ona fellow, it has not been without interest. You have doubtless heard andgazed in wonder at "the cloud of witnesses" the defense and prosecutionhave summoned for this case. You have listened open-mouthed to the fineeloquence of the lawyers. You have seen, day after day, the fashionablecity folk, who have come down to our little town, troop in and taketheir seats--and the reporters, and the men with the cameras, and thehungry-looking "poor whites." Now, gentlemen, of course you have seenand heard all this, and of course you have been duly impressed. _I_ havebeen, I grant you; but of late there has been but one thing in thatcourt-room I could see; but one thing that interested me, and held myattention to the exclusion of all else. I don't suppose you know what Imean. It is this--back, 'way back by the door a little woman has been intorture, such torture as I hope you will never know. I cannot keep myeyes from that shabbily dressed figure; from that white, tear-stainedface. Again and again I have seen her veil drawn down, and the poorcreature shaking with grief. At first I did not know her, though Iguessed. Watkins told me about her. She is the prisoner's mother.
"'When Dillingham was putting in his finishing touches this morning Ithought of _my_ mother. _She_ was like that when they brought my brotherArchie home. You remember Archie--and the day he was drowned? We wereall in swimming that Sunday, you know, and Parson Moore said it was ajudgment, but my poor mother could not bring herself to think so.
"'Well, the Hardy woman called to mind mother when they told her aboutArchie. That same awful, awful look of despair.
"'As I said before, I see the hand of God in the choosing of this jury.'The Colonel eyed us almost exultingly.
"'Boys! Attention!' Mechanically we old soldiers arose and faced about,obeying our Colonel as of yore. The order was electrical, and set ustingling with expectation. Something else was surely coming.
"The Colonel bowed profoundly to an imaginary person at his side.
"'Boys, listen! I accept this flag from your fair hands in behalf of mymen and myself. Mere words fail to express our thanks, but in deeds mostglorious will we attest our love for you, and the Stars andStripes!'--or something like that--all very childish and grandiloquent,but we kept our word, didn't we? And again--picture it to yourselves,now--Bob Hardee's barn; your captain in the chair; Private Ryland rises,and offers the following: "Be it Resolved, that Miss Katherine BurkeMcDermott be, and hereby is, elected an honorary member for life in theForestburg Rifles, and that we swear to cherish and protect herforever." That was the gist of it, I believe, and there were otherresolutions regarding the same young lady, which have unfortunatelyescaped my memory. But, boys, need I remind you that these resolutionswere adopted unanimously? O, let them bind us still! That broken-heartedwoman in there was once the little golden-haired lass to whom we were soloyal in the long ago. Shall we not be loyal to-day? It isn't justice,and it isn't law; but, boys, we've got to save that fellow's life--now,haven't we?'
"An hour later we entered the court-room. The woman over by the doorlooked up with a faint flush on her face. Hope had made it radiant. Sheknew that 'The Rifles' would never vote to take her boy's life!
"And she was right.
"We acquitted him.
"The verdict was heard in absolute silence. Then there was a slight stirin the rear of the room. Nothing, after all; only--a woman had fainted.It was hot in the court-room that night, and no place for women, anyhow,as Colonel Ross gruffly remarked at the time.
"But there were tears in his eyes."