"Jedge Elliott!"

"Yes, I am Judge Elliott."

He stood looking straight at the Judge. "Then, suh, I can't say that I'm glad to meet you."

"Nor I to meet you, under such circ.u.mstances, Mr. Starbuck. I am indeed sorry to see so venerable a looking man brought here on a charge so serious. And I request from you a straightforward statement."

Old Jasper turned toward Foster. "I can't talk while he's in here, Jedge. He seed me in jail and I can't talk befo' no man that has seed me there."

"You needn't hesitate to speak within his hearing, Mr. Starbuck. He was a soldier, too."

"What, all soldiers? Then I have been tuck into camp."

"But not into the camp of your enemies. At a time when your state took up arms against the Federal government, you stepped forth to fight for the Union, and it is in consideration of this fact that I grant to you an examination here in chambers, to save you every possible humiliation.

And now I ask you--"

"Jedge, I didn't come here to beg."

"I understand that. I simply request a straightforward statement."

"If you will let me give it in my own way, Jedge, you shall have it."

"In your own way, Mr. Starbuck. Proceed."

"Well, then, I'll begin at the beginnin'. Jedge, I live away up in the hills. My grandaddy settled there an' cleared off his field on a hill-side where the sun struck it a slantin' an' raised his co'n an'

made his licker an' the gover'ment never said a word. One day him an'

his two sons was a workin' in the field an' all of a suddent they heard a drum and fife over in the road. The boys looked with big eyes an' the old man clim' up on the fence and shouted, 'whut's the matter here?' and a man with red, white an' blue ribbons on his arm cried out, 'Old Andy Jackson needs soldiers to go to New Orleans.' An' my grandaddy he turns roun' to the youngsters an' says, 'Come on boys.' They went, suh, an'

one of them boys he didn't come back. Wall, the years pa.s.sed an' my daddy an' my oldest brother was a workin' in that same field, a raisin'

of his co'n an' a makin' of his licker--an' mind you the gover'ment never had opened its chops, fur it was good licker--an' all at once jest like years befo' there came a beatin' of drums an' a blowin' of fifes over in the road. An' my daddy clim' up on the fence an' says, 'Whut's the matter now?' An' a man tuck a fife outen his mouth an' shouts, 'Mexico has trod on us an' we need soldiers.' An' my daddy turns, he does, an' says to my brother, 'Come on Bob.' They went, Jedge, an' Bob he didn't come back. Am I a makin' it too long?"

"No, Mr. Starbuck, proceed."

"Do it sound like I'm a beggin'?"

"No" said the Judge, "it is the rude epic of my country. Go on."

"I thank you, suh. Well, finally, my time come. I married a game little woman an' we had two of as fine boys as the world ever seen. I raised my co'n on that same hill-side an' made my licker an' the government never said a word. An' when me an' them boys was a workin' up there we could hear that little woman a singin' down at the house--a singin' the songs of glory she had hearn the old soldiers sing. Well, one day me an' them boys--twin boys, Jedge,--was a hoein' the co'n in the field. I ricolleck it jest as well as if it was yistidy. An' atter all these years I can hear that song a comin' up from the house. An' then--then come that same thrillin' noise, the beatin' of drums an' a blowin' of fifes. We clim'

up on the fence, jest like my granddaddy an' my daddy had done, an' I cried out, 'Whut's the trouble now?' The drums stopped, an' one of the men raised his flag up high an' shouted, 'The country is a splittin' up an' the Union needs soldiers.' An' I says, 'Come on, boys.' I can look back now, Jedge, an' see that little woman a standin' under a tree a wavin' us a good-bye with an old flag. I can see her yit. Jedge, we went down into the fiery furnace. We seed the flag droop an' fall, an'

then--then rise in victory. Yes, I seed it. But my boys--my boys that was like picturs in the book--they was left at Gettysberg. An' when that po' little woman hearn that they wan't comin' back, she pined away an'

died--an' when I come home a bleedin', there was a grave under the tree where we had seed her a standin' jest befo' we went down beyant the hill. I--"

"Mr. Starbuck--"

"Wait a minit, Jedge, I ain't through yit. What did I know how to do when I got back to work? What had my grandaddy an' my daddy done? I went to raisin' of my co'n an' a makin' of my licker, an' still the gover'ment never said a word. But atter a while I hearn it was ag'in the law, an' I says, 'me an' all my folks have been a sheddin' of our blood for our country, an' some of them fellers that makes the laws never done that.' But I stopped sellin' the licker. I made it whenever I wanted to, somehow jest for a old time's sake, an' I sent it to sick folks--sent some of it to our ripresentative in Congress, right into the heart of the gover'ment an' not a word was said."

"Old man--"

"I ain't quite through yit, Jedge. The neighbors knowd that I made licker when I wanted to an' they never said nuthin', but lately a scoundrel took it into his head to give me trouble. Fust he wanted to marry my daughter an' then he threatened that unless I'd give him a thousand dollars--but, Jedge, I'd seen him in h.e.l.l fust!"

"You must not use such language, Mr. Starbuck. You are before the law."

"Excuse me, suh, excuse me. Wall, an' they brought me down here, an'

here I am. That's all, Jedge."

The Judge arose. "Old man, you are a patriot, from a race of patriots, and in my heart, I can hardly--"

There came a rap at the door. Foster opened it and Margaret rushed into the room.

"Jasper!" she cried, running to him.

He put his arm about her. "Margaret, how did you get away down here?"

"Mr. Starbuck," the Judge began, but with a pleading gesture the old man cut him off. "Please don't say nothin' mo' while she's in here."

[Ill.u.s.tration: "JEDGE, FOR THE LORD'S SAKE DON'T HANG HIM"]

"I come a ridin' an' a walkin' the best I could," Margaret moaned, looking about, "an' Jasper, I watered the flowers down there under the tree befo' I come, because I knowd it would please you. An' if they hang you, they've got to hang me, too. Jedge, there ain't no better man than he is, an' for the Lord's sake don't hang him." She sank upon her knees; but Jasper quickly lifted her to her feet. "There, you must never do that."

"Madam," said the marshal, "Judge Elliott wouldn't--"

"Jedge Elliott!" she gasped, and Jasper whispered in her ear: "Don't let him know that his son has married our daughter. He would think we was a beggin'."

"Mrs. Starbuck," the Judge kindly spoke, "will you please retire until we have concluded this examination?"

"Yes, suh, but let me tell you about him, Jedge. I was po' an' I didn't have no home an' I was almost starvin' an' he married me, an'--you do love me, don't you, Jasper?"

"Yes, now go on as the Jedge tells you. Go on an' it will be all right an'--"

"You'll come too, won't you?"

"Yes, I'll be there putty soon. That's right, now, go on."

At the door she halted, and before going out, summed up all her arguments--a pitiful courtesy.

"Mr. Starbuck," said the Judge, "I am told that in resisting arrest you so badly injured a deputy that he is not able to be here to-day. I am inclined in every way to favor you, but that, as you must know, is a very serious charge."

"Jedge, that ain't true. I didn't resist arrest. Let me tell you about that man Peters. I have had mo' than one cause to kill him in se'f-defense, but I didn't want to do that. A man that has seed as much blood as you an' me has, don't want to kill n.o.body if he kin help it.

Jedge, he is a hound. I had surrendered to the law and was standin' with my hands up, an' he come a runnin' to kill me with a knife, an' I smashed his infernal countenance. No, I didn't resist arrest."

Foster stepped forward. "Will your honor please permit me to speak a word. I was in charge of the expedition and the old man tells the truth.

Deputy Peters did try to kill him."

"Captain," solemnly remarked the Judge, "issue an order for the arrest of Deputy Peters, and my word for it, Mr. Starbuck, he shall be dealt with severely. And now, old man, I may be exceeding my authority, but I have not the heart to send you to prison. Promise me that if I permit you to go home you will not--"

"Jedge, my granddaddy an' my daddy didn't have to make no sich promises to the gover'ment they help to save."

The Judge walked up and down the room. "Captain, I haven't the heart to send him to prison--I cannot. And Mr. Starbuck, if the marshal does not see you, walk out."

"Judge," the marshal spoke up, turning his back, "my old eyes are so bad I can't see anything."