"Is this all you have to say?" asked the Judge impatiently, feeling, perhaps, that a dangerous sympathy of humor was beginning to humanize the Court.

"Thet's so," continued Tennessee's Partner. "It ain't for me to say anything agin' him. And now, what's the case? Here's Tennessee wants money, wants it bad, and doesn't like to ask it of his old pardner.

Well, what does Tennessee do? He lays for a stranger, and he fetches that stranger. And you lays for HIM, and you fetches HIM; and the honors is easy. And I put it to you, bein' a far-minded man, and to you, gentlemen, all, as far-minded men, ef this isn't so."

"Prisoner," said the Judge, interrupting, "have you any questions to ask this man?"

"No! no!" continued Tennessee's Partner, hastily. "I play this yer hand alone. To come down to the bedrock, it's just this: Tennessee, thar, has played it pretty rough and expensive-like on a stranger, and on this yer camp. And now, what's the fair thing? Some would say more; some would say less. Here's seventeen hundred dollars in coa.r.s.e gold and a watch--it's about all my pile--and call it square!" And before a hand could be raised to prevent him, he had emptied the contents of the carpetbag upon the table.

For a moment his life was in jeopardy. One or two men sprang to their feet, several hands groped for hidden weapons, and a suggestion to "throw him from the window" was only overridden by a gesture from the Judge. Tennessee laughed. And apparently oblivious of the excitement, Tennessee's Partner improved the opportunity to mop his face again with his handkerchief.

When order was restored, and the man was made to understand, by the use of forcible figures and rhetoric, that Tennessee's offense could not be condoned by money, his face took a more serious and sanguinary hue, and those who were nearest to him noticed that his rough hand trembled slightly on the table. He hesitated a moment as he slowly returned the gold to the carpetbag, as if he had not yet entirely caught the elevated sense of justice which swayed the tribunal, and was perplexed with the belief that he had not offered enough. Then he turned to the Judge, and saying, "This yer is a lone hand, played alone, and without my pardner,"

he bowed to the jury and was about to withdraw when the Judge called him back. "If you have anything to say to Tennessee, you had better say it now." For the first time that evening the eyes of the prisoner and his strange advocate met. Tennessee smiled, showed his white teeth, and, saying, "Euchred, old man!" held out his hand. Tennessee's Partner took it in his own, and saying, "I just dropped in as I was pa.s.sin' to see how things was gettin' on," let the hand pa.s.sively fall, and adding that it was a warm night, again mopped his face with his handkerchief, and without another word withdrew.

The two men never again met each other alive. For the unparalleled insult of a bribe offered to Judge Lynch--who, whether bigoted, weak, or narrow, was at least incorruptible--firmly fixed in the mind of that mythical personage any wavering determination of Tennessee's fate; and at the break of day he was marched, closely guarded, to meet it at the top of Marley's Hill.

How he met it, how cool he was, how he refused to say anything, how perfect were the arrangements of the committee, were all duly reported, with the addition of a warning moral and example to all future evildoers, in the RED DOG CLARION, by its editor, who was present, and to whose vigorous English I cheerfully refer the reader. But the beauty of that midsummer morning, the blessed amity of earth and air and sky, the awakened life of the free woods and hills, the joyous renewal and promise of Nature, and above all, the infinite Serenity that thrilled through each, was not reported, as not being a part of the social lesson. And yet, when the weak and foolish deed was done, and a life, with its possibilities and responsibilities, had pa.s.sed out of the misshapen thing that dangled between earth and sky, the birds sang, the flowers bloomed, the sun shone, as cheerily as before; and possibly the RED DOG CLARION was right.

Tennessee's Partner was not in the group that surrounded the ominous tree. But as they turned to disperse attention was drawn to the singular appearance of a motionless donkey cart halted at the side of the road.

As they approached, they at once recognized the venerable "Jenny" and the two-wheeled cart as the property of Tennessee's Partner--used by him in carrying dirt from his claim; and a few paces distant the owner of the equipage himself, sitting under a buckeye tree, wiping the perspiration from his glowing face. In answer to an inquiry, he said he had come for the body of the "diseased," "if it was all the same to the committee." He didn't wish to "hurry anything"; he could "wait." He was not working that day; and when the gentlemen were done with the "diseased," he would take him. "Ef thar is any present," he added, in his simple, serious way, "as would care to jine in the fun'l, they kin come." Perhaps it was from a sense of humor, which I have already intimated was a feature of Sandy Bar--perhaps it was from something even better than that; but two-thirds of the loungers accepted the invitation at once.

It was noon when the body of Tennessee was delivered into the hands of his Partner. As the cart drew up to the fatal tree, we noticed that it contained a rough, oblong box--apparently made from a section of sluicing and half-filled with bark and the ta.s.sels of pine. The cart was further decorated with slips of willow, and made fragrant with buckeye blossoms. When the body was deposited in the box, Tennessee's Partner drew over it a piece of tarred canvas, and gravely mounting the narrow seat in front, with his feet upon the shafts, urged the little donkey forward. The equipage moved slowly on, at that decorous pace which was habitual with "Jenny" even under less solemn circ.u.mstances. The men--half curiously, half jestingly, but all good-humoredly--strolled along beside the cart; some in advance, some a little in the rear of the homely catafalque. But, whether from the narrowing of the road or some present sense of decorum, as the cart pa.s.sed on, the company fell to the rear in couples, keeping step, and otherwise a.s.suming the external show of a formal procession. Jack Folinsbee, who had at the outset played a funeral march in dumb show upon an imaginary trombone, desisted, from a lack of sympathy and appreciation--not having, perhaps, your true humorist's capacity to be content with the enjoyment of his own fun.

The way led through Grizzly Canyon--by this time clothed in funereal drapery and shadows. The redwoods, burying their moccasined feet in the red soil, stood in Indian file along the track, trailing an uncouth benediction from their bending boughs upon the pa.s.sing bier. A hare, surprised into helpless inactivity, sat upright and pulsating in the ferns by the roadside as the cortege went by. Squirrels hastened to gain a secure outlook from higher boughs; and the bluejays, spreading their wings, fluttered before them like outriders, until the outskirts of Sandy Bar were reached, and the solitary cabin of Tennessee's Partner.

Viewed under more favorable circ.u.mstances, it would not have been a cheerful place. The unpicturesque site, the rude and unlovely outlines, the unsavory details, which distinguish the nest-building of the California miner, were all here, with the dreariness of decay superadded. A few paces from the cabin there was a rough enclosure, which in the brief days of Tennessee's Partner's matrimonial felicity had been used as a garden, but was now overgrown with fern. As we approached it we were surprised to find that what we had taken for a recent attempt at cultivation was the broken soil about an open grave.

The cart was halted before the enclosure; and rejecting the offers of a.s.sistance with the same air of simple self-reliance he had displayed throughout, Tennessee's Partner lifted the rough coffin on his back and deposited it, unaided, within the shallow grave. He then nailed down the board which served as a lid; and mounting the little mound of earth beside it, took off his hat, and slowly mopped his face with his handkerchief. This the crowd felt was a preliminary to speech; and they disposed themselves variously on stumps and boulders, and sat expectant.

"When a man," began Tennessee's Partner, slowly, "has been running free all day, what's the natural thing for him to do? Why, to come home. And if he ain't in a condition to go home, what can his best friend do?

Why, bring him home! And here's Tennessee has been running free, and we brings him home from his wandering." He paused, and picked up a fragment of quartz, rubbed it thoughtfully on his sleeve, and went on: "It ain't the first time that I've packed him on my back, as you see'd me now.

It ain't the first time that I brought him to this yer cabin when he couldn't help himself; it ain't the first time that I and 'Jinny' have waited for him on yon hill, and picked him up and so fetched him home, when he couldn't speak, and didn't know me. And now that it's the last time, why"--he paused and rubbed the quartz gently on his sleeve--"you see it's sort of rough on his pardner. And now, gentlemen," he added, abruptly, picking up his long-handled shovel, "the fun'l's over; and my thanks, and Tennessee's thanks, to you for your trouble."

Resisting any proffers of a.s.sistance, he began to fill in the grave, turning his back upon the crowd that after a few moments' hesitation gradually withdrew. As they crossed the little ridge that hid Sandy Bar from view, some, looking back, thought they could see Tennessee's Partner, his work done, sitting upon the grave, his shovel between his knees, and his face buried in his red bandanna handkerchief. But it was argued by others that you couldn't tell his face from his handkerchief at that distance; and this point remained undecided.

In the reaction that followed the feverish excitement of that day, Tennessee's Partner was not forgotten. A secret investigation had cleared him of any complicity in Tennessee's guilt, and left only a suspicion of his general sanity. Sandy Bar made a point of calling on him, and proffering various uncouth, but well-meant kindnesses. But from that day his rude health and great strength seemed visibly to decline; and when the rainy season fairly set in, and the tiny gra.s.s-blades were beginning to peep from the rocky mound above Tennessee's grave, he took to his bed. One night, when the pines beside the cabin were swaying in the storm, and trailing their slender fingers over the roof, and the roar and rush of the swollen river were heard below, Tennessee's Partner lifted his head from the pillow, saying, "It is time to go for Tennessee; I must put 'Jinny' in the cart"; and would have risen from his bed but for the restraint of his attendant. Struggling, he still pursued his singular fancy: "There, now, steady, 'Jinny'--steady, old girl. How dark it is! Look out for the ruts--and look out for him, too, old gal. Sometimes, you know, when he's blind-drunk, he drops down right in the trail. Keep on straight up to the pine on the top of the hill.

Thar--I told you so!--thar he is--coming this way, too--all by himself, sober, and his face a-shining. Tennessee! Pardner!"

And so they met.

THE IDYL OF RED GULCH

Sandy was very drunk. He was lying under an azalea bush, in pretty much the same att.i.tude in which he had fallen some hours before. How long he had been lying there he could not tell, and didn't care; how long he should lie there was a matter equally indefinite and unconsidered.

A tranquil philosophy, born of his physical condition, suffused and saturated his moral being.

The spectacle of a drunken man, and of this drunken man in particular, was not, I grieve to say, of sufficient novelty in Red Gulch to attract attention. Earlier in the day some local satirist had erected a temporary tombstone at Sandy's head, bearing the inscription, "Effects of McCorkle's whisky--kills at forty rods," with a hand pointing to McCorkle's saloon. But this, I imagine, was, like most local satire, personal; and was a reflection upon the unfairness of the process rather than a commentary upon the impropriety of the result. With this facetious exception, Sandy had been undisturbed. A wandering mule, released from his pack, had cropped the scant herbage beside him, and sniffed curiously at the prostrate man; a vagabond dog, with that deep sympathy which the species have for drunken men, had licked his dusty boots, and curled himself up at his feet, and lay there, blinking one eye in the sunlight, with a simulation of dissipation that was ingenious and doglike in its implied flattery of the unconscious man beside him.

Meanwhile the shadows of the pine trees had slowly swung around until they crossed the road, and their trunks barred the open meadow with gigantic parallels of black and yellow. Little puffs of red dust, lifted by the plunging hoofs of pa.s.sing teams, dispersed in a grimy shower upon the rec.u.mbent man. The sun sank lower and lower; and still Sandy stirred not. And then the repose of this philosopher was disturbed, as other philosophers have been, by the intrusion of an unphilosophical s.e.x.

"Miss Mary," as she was known to the little flock that she had just dismissed from the log schoolhouse beyond the pines, was taking her afternoon walk. Observing an unusually fine cl.u.s.ter of blossoms on the azalea bush opposite, she crossed the road to pluck it--picking her way through the red dust, not without certain fierce little shivers of disgust and some feline circ.u.mlocution. And then she came suddenly upon Sandy!

Of course she uttered the little staccato cry of her s.e.x. But when she had paid that tribute to her physical weakness she became overbold, and halted for a moment--at least six feet from this prostrate monster--with her white skirts gathered in her hand, ready for flight. But neither sound nor motion came from the bush. With one little foot she then overturned the satirical headboard, and muttered "Beasts!"--an epithet which probably, at that moment, conveniently cla.s.sified in her mind the entire male population of Red Gulch. For Miss Mary, being possessed of certain rigid notions of her own, had not, perhaps, properly appreciated the demonstrative gallantry for which the Californian has been so justly celebrated by his brother Californians, and had, as a newcomer, perhaps fairly earned the reputation of being "stuck-up."

As she stood there she noticed, also, that the slant sunbeams were heating Sandy's head to what she judged to be an unhealthy temperature, and that his hat was lying uselessly at his side. To pick it up and to place it over his face was a work requiring some courage, particularly as his eyes were open. Yet she did it, and made good her retreat. But she was somewhat concerned, on looking back, to see that the hat was removed, and that Sandy was sitting up and saying something.

The truth was, that in the calm depths of Sandy's mind he was satisfied that the rays of the sun were beneficial and healthful; that from childhood he had objected to lying down in a hat; that no people but condemned fools, past redemption, ever wore hats; and that his right to dispense with them when he pleased was inalienable. This was the statement of his inner consciousness. Unfortunately, its outward expression was vague, being limited to a repet.i.tion of the following formula--"Su'shine all ri'! Wa.s.ser maar, eh? Wa.s.s up, su'shine?"

Miss Mary stopped, and, taking fresh courage from her vantage of distance, asked him if there was anything that he wanted.

"Wa.s.s up? Wa.s.ser maar?" continued Sandy, in a very high key.

"Get up, you horrid man!" said Miss Mary, now thoroughly incensed; "get up, and go home."

Sandy staggered to his feet. He was six feet high, and Miss Mary trembled. He started forward a few paces and then stopped.

"Wa.s.s I go home for?" he suddenly asked, with great gravity.

"Go and take a bath," replied Miss Mary, eying his grimy person with great disfavor.

To her infinite dismay, Sandy suddenly pulled off his coat and vest, threw them on the ground, kicked off his boots, and, plunging wildly forward, darted headlong over the hill, in the direction of the river.

"Goodness heavens!--the man will be drowned!" said Miss Mary; and then, with feminine inconsistency, she ran back to the schoolhouse and locked herself in.

That night, while seated at supper with her hostess, the blacksmith's wife, it came to Miss Mary to ask, demurely, if her husband ever got drunk. "Abner," responded Mrs. Stidger, reflectively, "let's see: Abner hasn't been tight since last 'lection." Miss Mary would have liked to ask if he preferred lying in the sun on these occasions, and if a cold bath would have hurt him; but this would have involved an explanation, which she did not then care to give. So she contented herself with opening her gray eyes widely at the red-cheeked Mrs. Stidger--a fine specimen of Southwestern efflorescence--and then dismissed the subject altogether. The next day she wrote to her dearest friend, in Boston: "I think I find the intoxicated portion of this community the least objectionable. I refer, my dear, to the men, of course. I do not know anything that could make the women tolerable."

In less than a week Miss Mary had forgotten this episode, except that her afternoon walks took thereafter, almost unconsciously, another direction. She noticed, however, that every morning a fresh cl.u.s.ter of azalea blossoms appeared among the flowers on her desk. This was not strange, as her little flock were aware of her fondness for flowers, and invariably kept her desk bright with anemones, syringas, and lupines; but, on questioning them, they one and all professed ignorance of the azaleas. A few days later, Master Johnny Stidger, whose desk was nearest to the window, was suddenly taken with spasms of apparently gratuitous laughter that threatened the discipline of the school. All that Miss Mary could get from him was, that someone had been "looking in the winder." Irate and indignant, she sallied from her hive to do battle with the intruder. As she turned the corner of the schoolhouse she came plump upon the quondam drunkard--now perfectly sober, and inexpressibly sheepish and guilty-looking.

These facts Miss Mary was not slow to take a feminine advantage of, in her present humor. But it was somewhat confusing to observe, also, that the beast, despite some faint signs of past dissipation, was amiable-looking--in fact, a kind of blond Samson whose corn-colored, silken beard apparently had never yet known the touch of barber's razor or Delilah's shears. So that the cutting speech which quivered on her ready tongue died upon her lips, and she contented herself with receiving his stammering apology with supercilious eyelids and the gathered skirts of uncontamination. When she re-entered the schoolroom, her eyes fell upon the azaleas with a new sense of revelation. And then she laughed, and the little people all laughed, and they were all unconsciously very happy.

It was on a hot day--and not long after this--that two short-legged boys came to grief on the threshold of the school with a pail of water, which they had laboriously brought from the spring, and that Miss Mary compa.s.sionately seized the pail and started for the spring herself. At the foot of the hill a shadow crossed her path, and a blue-shirted arm dexterously but gently relieved her of her burden. Miss Mary was both embarra.s.sed and angry. "If you carried more of that for yourself," she said, spitefully, to the blue arm, without deigning to raise her lashes to its owner, "you'd do better." In the submissive silence that followed she regretted the speech, and thanked him so sweetly at the door that he stumbled. Which caused the children to laugh again--a laugh in which Miss Mary joined, until the color came faintly into her pale cheek.

The next day a barrel was mysteriously placed beside the door, and as mysteriously filled with fresh spring water every morning.

Nor was this superior young person without other quiet attentions.

"Profane Bill," driver of the Slumgullion Stage, widely known in the newspapers for his "gallantry" in invariably offering the box seat to the fair s.e.x, had excepted Miss Mary from this attention, on the ground that he had a habit of "cussin' on upgrades," and gave her half the coach to herself. Jack Hamlin, a gambler, having once silently ridden with her in the same coach, afterward threw a decanter at the head of a confederate for mentioning her name in a barroom. The overdressed mother of a pupil whose paternity was doubtful had often lingered near this astute Vestal's temple, never daring to enter its sacred precincts, but content to worship the priestess from afar.

With such unconscious intervals the monotonous procession of blue skies, glittering sunshine, brief twilights, and starlit nights pa.s.sed over Red Gulch. Miss Mary grew fond of walking in the sedate and proper woods.

Perhaps she believed, with Mrs. Stidger, that the balsamic odors of the firs "did her chest good," for certainly her slight cough was less frequent and her step was firmer; perhaps she had learned the unending lesson which the patient pines are never weary of repeating to heedful or listless ears. And so, one day, she planned a picnic on Buckeye Hill, and took the children with her. Away from the dusty road, the straggling shanties, the yellow ditches, the clamor of restless engines, the cheap finery of shop windows, the deeper glitter of paint and colored gla.s.s, and the thin veneering which barbarism takes upon itself in such localities--what infinite relief was theirs! The last heap of ragged rock and clay pa.s.sed, the last unsightly chasm crossed--how the waiting woods opened their long files to receive them! How the children--perhaps because they had not yet grown quite away from the breast of the bounteous Mother--threw themselves face downward on her brown bosom with uncouth caresses, filling the air with their laughter; and how Miss Mary herself--felinely fastidious and intrenched as she was in the purity of spotless skirts, collar, and cuffs--forgot all, and ran like a crested quail at the head of her brood until, romping, laughing, and panting, with a loosened braid of brown hair, a hat hanging by a knotted ribbon from her throat, she came suddenly and violently, in the heart of the forest, upon--the luckless Sandy!

The explanations, apologies, and not overwise conversation that ensued need not be indicated here. It would seem, however, that Miss Mary had already established some acquaintance with this ex-drunkard. Enough that he was soon accepted as one of the party; that the children, with that quick intelligence which Providence gives the helpless, recognized a friend, and played with his blond beard and long silken mustache, and took other liberties--as the helpless are apt to do. And when he had built a fire against a tree, and had shown them other mysteries of woodcraft, their admiration knew no bounds. At the close of two such foolish, idle, happy hours he found himself lying at the feet of the schoolmistress, gazing dreamily in her face, as she sat upon the sloping hillside weaving wreaths of laurel and syringa, in very much the same att.i.tude as he had lain when first they met. Nor was the similitude greatly forced. The weakness of an easy, sensuous nature that had found a dreamy exaltation in liquor, it is to be feared was now finding an equal intoxication in love.

I think that Sandy was dimly conscious of this himself. I know that he longed to be doing something--slaying a grizzly, scalping a savage, or sacrificing himself in some way for the sake of this sallow-faced, gray-eyed schoolmistress. As I should like to present him in a heroic att.i.tude, I stay my hand with great difficulty at this moment, being only withheld from introducing such an episode by a strong conviction that it does not usually occur at such times. And I trust that my fairest reader, who remembers that, in a real crisis, it is always some uninteresting stranger or unromantic policeman, and not Adolphus, who rescues, will forgive the omission.

So they sat there, undisturbed--the woodp.e.c.k.e.rs chattering overhead and the voices of the children coming pleasantly from the hollow below.

What they said matters little. What they thought--which might have been interesting--did not transpire. The woodp.e.c.k.e.rs only learned how Miss Mary was an orphan; how she left her uncle's house, to come to California, for the sake of health and independence; how Sandy was an orphan, too; how he came to California for excitement; how he had lived a wild life, and how he was trying to reform; and other details, which, from a woodp.e.c.k.e.r's viewpoint, undoubtedly must have seemed stupid, and a waste of time. But even in such trifles was the afternoon spent; and when the children were again gathered, and Sandy, with a delicacy which the schoolmistress well understood, took leave of them quietly at the outskirts of the settlement, it had seemed the shortest day of her weary life.