The Code of the Mountains - Charles Buck

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testified, and his alibi corps testified as one man, that he had been at Hazard, forty miles away, when Mortimer fell. The defense closed in sanguine trustfulness. Then, in rebuttal, the prosecution sprung a surprise – a sensation – a bomb. The surprise was Henry Falkins, and when he took the stand, the hand-made alibi collapsed. Even then Newt Spooner had not been able to realize that the convincing story of one witness could destroy his carefully fabricated tissue of lies. But sundry unexpected things were happening in this dingy court-room. A new spirit reigned there. Vaguely the sullen lad, crouching back in the prisoner's chair, was aware of a hardening and petrifying resolve on the rugged faces in the jury-box. Heretofore the average venireman had thought there was no health in incurring the wrath of a family of terrorists like the Spooners. Heretofore Spooners had always "come cl'ar." Heretofore prosecutors had made only perfunctory attempts to convict them. Not so with the Honorable Cale Floyd. From opening statement to closing argument he leaped savagely at the throat of the defense. His cross-examination was a merciless hail of verbal rifle-fire. As he defied all the vicious animosities of the Spooner tribe, the court-room held its breath, and young Newt waited vainly for his kinsmen to rise en masse and silence his anathemas with a volley. Each night in his cell, young Newt Spooner wondered why he did not hear a sound outside the brick "jail-house," and see the doors go down before the wrath of his rescuers. It was incredible that the clan should stand by and permit him to be "penitentiaried." Yet it finally dawned upon him that precisely this thing was happening. The realization had dazed and embittered him. He knew that even among his own he was not accounted as of great importance, but he bore the name of Spooner, and in the old days that would have been enough. He was the first sacrifice to the changing order. He felt no resentment against the prosecutor in spite of his philippics. The prosecutor was paid to do it. He even rather admired the courage which gave strength to the attack, when every precedent told the lawyer that he was inviting death for his pains. But for the man who had volunteered to testify; who belonged to the family which his family had hated and fought; who had come back to the mountains with "fotched-on" ideas and attacked him with the despised weapon of the law; for that man he felt such hatred as can only come of festering and venomous brooding, which lasts while life lasts.

      These thoughts Newt Spooner carried as companions as he tramped the first leg of his homeward journey. Until he had come to Frankfort, hand-cuffed to a deputy sheriff, he had never seen this land of "down below." Its softly billowing landscape was to him unfamiliar and unpleasing. The great columned mansions of time-stained brick set deep in park-like woodlands; the smoothness of velvet lawns; rippling acres of grain ripening into gold under the June sun; all these things wore on his nerves. He was accustomed to a country shut in and sequestered between eternal hills; of roads where footfalls were silenced; of ragged patches of cultivation pocketed in surrounding forests. In such places a man could step aside and be hidden. Here he felt exposed; his very thoughts seemed naked. That men should live in such great houses and drive such smooth roads seemed monstrous and incredible. He hated the "highfalutin" bearing of these "furriners," who carried their chins aloft like masters of creation. He hated the sight of the "niggers" who served them. He hated all the orderly smoothness and opulence of this level land where no ridges broke the sky. So he stalked along, his face set toward the far horizon, beyond which lay his mountains and his purpose.

      It was a slow journey, for he was weak, but as he breathed the June air into his cramped lungs, his shoulders began to lose their slouch and his gait began to discard its prison shuffle for the long space-eating stride of the mountaineer.

      At twilight, he came to a small house by the roadside. He had made a poor day's journey and, since night was falling, he turned in at the gate, as though it had been that of his own cabin. The place was shabby and its residents would have been characterized by the negroes as "po' white trash," but of social values the late Number 813 was ignorant. He saw only a roof and to the hills-man a roof is a shelter for whosoever may need it. Over the whitewashed fence clambering roses hung in profuse invitation, spicing the air with their fragrance.

      Newt made his way to the door where a slatternly woman confronted him. She stared with disapproving eyes as she wiped her hands on her apron.

      "Well, what do you want?" she challenged.

      "I 'lowed ye'd let me stay all night – I'm a travelin'," replied the boy from Troublesome. He spoke simply and without cumbersome explanation. At home it would have been enough. But this woman only stared at him disapprovingly and as she took in his sullen visage and dusty suit of black, she recognized in him the erstwhile convict. With a suppressed scream she disappeared indoors.

      Newt stood gazing without comprehension. That he might be turned away had not at first occurred to him. He had not yet grasped the essential differences between highland and lowland etiquette. He accordingly mounted the steps, crossed the porch and entered the door without knocking. In the mountains no one knocks on a door.

      But at the threshold he met a tall man, who thrust him violently backward and squared himself across the opening. As Newt staggered backward and brought himself up against one of the porch supports, the householder surveyed him from crown to toe, and then, waving a hand outward, ordered briefly:

      "Get the hell out of here, you damned jail-bird!"

      For an instant the pardoned prisoner stood rigidly at gaze, while his eyes gathered wrath and his ugly snarl became wolf-like. Never had he been so greeted when claiming the traveler's prerogative of shelter from the night. But he was unarmed; moreover, he had a mission. He was going to kill one man. Killing men was expensive. It cost liberty and sometimes more. He could not waste animosity. So he veiled his anger and turned away. "I didn't 'low hit war a-goin' ter make ye mad," he mumbled as he went out again to the road. But he had learned his lesson. The mountaineer is as proud as he is ignorant, and, rather than risk another rebuff, he spent the night in a haystack, and the first rosy kindling of dawn found him again on his way; hungry, but setting his face stonily against the temptation to ask food.

      The town of Winchester, like all the county seats of central Kentucky, breaks from its drowsy somnolence into a brief activity on court-day. On one Monday in each month the roads fill with an unaccustomed caravan of trade. Then under the hammer of the street auctioneer farm gear and live stock change hands; saloons and eating-houses do a banner business; politicians often harangue in the court-house square; friends renew old acquaintanceships and sometimes enemies renew old quarrels. But Winchester differs in one respect from its sister towns. The savor of a soil rich in chivalric traditions hangs here as it does over neighboring counties, and yet there is a difference. For Winchester is the nearest town of consequence to that foothilled borderland where the opulent bluegrass ends and the illiterate Cumberlands pile their grim ramparts. Here come the farther-wandering traders from the mountains; gaunt men with steady-gazing eyes and lean sinews and noiseless tread, to mingle with the louder-spoken and fuller-nourished brothers of the lowlands. It is on court-day that they come in greatest numbers. Here, too, live some of their own kin whom the menace of feudal reprisal has driven from their native slopes and "coves." With the mountaineer's strong yearning to remain as near as possible to his birthplace, these refugees have made new homes and new lives at the edge of the bluegrass where on occasion they can again see familiar faces. From Frankfort to Winchester is a matter of almost fifty miles, and Newt Spooner, who had taken up his homeward journey on a Saturday morning, saw its court-house cupola and church spires pierce the screen of foliage on the forenoon of Monday, which chanced to be the Monday allotted to Clark County for its court.

      Newt was very tired and very hungry. His rebuff at the farmhouse had festered and rankled in his mind, and he had refused to ask hospitality again or to speak to any man, save for the curt asking of necessary directions. In Lexington he had bought himself a "snack," but because he was penuriously hoarding his small capital, he spent with a stinting hand and pushed onward unsatisfied.

      Now, as he trudged wearily, he saw a figure by the roadside at his front. The figure was that of a negro, who sat on a rock pile in the sun, hammering limestone chunks into road metal. As the boy came nearer, he saw another detail. The black man, though unguarded, was a prisoner and he sat safe against the chance of escape by reason of the huge iron ball fastened to one ankle by a padlocked chain. The white man, himself so lately released from the penitentiary, halted. He had the mountaineer's chronic aversion to "niggers," but here was someone whom he could question

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