Our party numbered four women and five men. Esther lacked several summers of being as old as her sister, while I was by five years the youngest of the men, and naturally looked to my elders for leadership. Having left our arms at the house, we entered the court-room in as decorous and well-behaved a manner as if it had been a house of worship and this a Sabbath morning. A peculiar stillness pervaded the room, which could have been mistaken as an omen of peace, or the tension similar to the lull before a battle. Personally I was composed, but as I allowed my eyes from time to time to rest upon Esther, she had never seemed so near and dear to me as in that opening hour of court. She looked very pale, and moved by the subtle power of love, I vowed that should any harm come to or any insulting word be spoken of her, my vengeance would be sure and swift.
Court convened, and the case was called. As might have been expected, the judge held that under the pleadings it was not a jury case. The panel was accordingly excused for the day, and joined those curiously inclined in the main body of the room. The complaining witnesses were called, and under direct examination the essential facts were brought forth, laying the foundation for a legal separation. The plaintiff was the last witness to testify. As she told her simple story, a hushed silence fell over the room, every spectator, from the judge on the bench to the sheriff, being eager to catch every syllable of the recital. But as in duty bound to a client, the attorney for the defendant, a young man who had come from San Antonio to conduct the case, opened a sharp cross-questioning. As the examination proceeded, an altercation between the attorneys was prevented only by the presence of the sheriff and deputies. Before the inquiry progressed, the attorney for the plaintiff apologized to the court, pleading extenuating circumstances in the offense offered to his client. Under his teachings, he informed the court, the purity of womanhood was above suspicion, and no man who wished to be acknowledged as a gentleman among his equals would impugn or question the statement of a lady. The witness on the stand was more to him than an ordinary client, as her father and himself had been young men together, had volunteered under the same flag, his friend offering up his life in its defense, and he spared to carry home the news of an unmarked grave on a Southern battle-field. It was a privilege to him to offer his assistance and counsel to-day to a daughter of an old comrade, and any one who had the temerity to offer an affront to this witness would be held to a personal account for his conduct.
The first day was consumed in taking testimony. The defense introduced much evidence in rebuttal. Without regard to the truth or their oaths, a line of witnesses were introduced who contradicted every essential point of the plaintiff’s case. When the credibility of their testimony was attacked, they sought refuge in the technicalities of the law, and were supported by rulings of the presiding judge. When Oxenford took the stand in his own behalf, there were not a dozen persons present who believed the perjured statements which fell from his lips. Yet when his testimony was subjected to a rigid cross-questioning, every attempt to reach the truth precipitated a controversy between attorneys as bitter as it was personal. That the defendant at the bar had escaped prosecution for swindling the government out of large sums of money for a mail service never performed was well known to every one present, including the judge, yet he was allowed to testify against the character of a woman pure as a child, while his own past was protected from exposure by rulings from the bench.
When the evidence was all in, court adjourned until the following day. That evening our trio, after escorting the women to the home of their friend, visited every drinking resort, hotel, and public house in the village, meeting groups of Oxenford’s witnesses, even himself as he dispensed good cheer to his henchmen. But no one dared to say a discourteous word, and after amusing ourselves by a few games of billiards, we mounted our horses and returned to Shepherd’s for the night. As we rode along leisurely, all three of us admitted misgivings as to the result, for it was clear that the court had favored the defense. Yet we had a belief that the statutory grounds were sufficient, and on that our hopes hung.
The next morning found our party in court at the opening hour. The entire forenoon was occupied by the attorney for the plaintiff in reviewing the evidence, analyzing and weighing every particle, showing an insight into human motives which proved him a master in his profession. After the noon recess, the young lawyer from the city addressed the court for two hours, his remarks running from bombast to flights of oratory, and from eulogies upon his client to praise of the unimpeachable credibility of the witnesses for the defense. In concluding, the older lawyer prefaced his remarks by alluding to the divine intent in the institution of marriage, and contending that of the two, women were morally the better. In showing the influence of the stronger upon the weaker sex, he asserted that it was in the power of the man to lift the woman or to sink her into despair. In his peroration he rose to the occasion, and amid breathless silence, facing the court, who quailed before him, demanded whether this was a temple of justice. Replying to his own interrogatory, he dipped his brush in the sunshine of life, and sketched a throne with womanhood enshrined upon it. While chivalry existed among men, it mattered little, he said, as to the decrees of courts, for in that higher tribunal, human hearts, woman would remain forever in control. At his conclusion, women were hysterical, and men were aroused from their usual languor by the eloquence of the speaker. Had the judge rendered an adverse decision at that moment, he would have needed protection; for to the men of the South it was innate to be chivalrous to womanhood. But the court was cautious, and after announcing that he would take the case under advisement until morning, adjourned for the day.
All during the evening men stood about in small groups and discussed the trial. The consensus of opinion was favorable to the plaintiff. But in order to offset public opinion, Oxenford and a squad of followers made the rounds of the public places, offering to wager any sum of money that the decree would not be granted. Since feeling was running rather high, our little party avoided the other faction, and as we were under the necessity of riding out to the ferry for accommodation, concluded to start earlier than the evening before. After saddling, we rode around the square, and at the invitation of Deweese dismounted before a public house for a drink and a cigar before starting. We were aware that the town was against us, and to maintain a bold front was a matter of necessity. Unbuckling our belts in compliance with the sheriff’s orders, we hung our six-shooters on the pommels of our saddles and entered the bar-room. Other customers were being waited on, and several minutes passed before we were served. The place was rather crowded, and as we were being waited on, a rabble of roughs surged through a rear door, led by Jack Oxenford. He walked up to within two feet of me where I stood at the counter, and apparently addressing the barkeeper, as we were charging our glasses, said in a defiant tone:—
“I’ll bet a thousand dollars Judge Thornton refuses to grant a separation between my wife and me.”
The words flashed through me like an electric shock, and understanding the motive, I turned on the speaker and with the palm of my hand dealt him a slap in the face that sent him staggering back into the arms of his friends. Never before or since have I felt the desire to take human life which possessed me at that instant. With no means of defense in my possession but a penknife, I backed away from him, he doing the like, and both keeping close to the bar, which was about twenty feet long. In one hand I gripped the open-bladed pocket knife, and, with the other behind my back, retreated to my end of the counter as did Oxenford to his, never taking our eyes off each other. On reaching his end of the bar, I noticed the barkeeper going through motions that looked like passing him a gun, and in the same instant some friend behind me laid the butt of a pistol in my hand behind my back. Dropping the knife, I shifted the six-shooter to my right hand, and, advancing on the object of my hate, fired in such rapid succession that I was unable to tell even whether my fire was being returned. When my gun was empty, the intervening clouds of smoke prevented any view of my adversary; but my lust for his life was only intensified when, on turning to my friends, I saw Deweese supporting Hunter in his arms. Knowing that one or the other had given me the pistol, I begged them for another to finish my work. But at that moment the smoke arose sufficiently to reveal my enemy crippling down at the farther end of the bar, a smoking pistol in his hand. As Oxenford sank to the floor, several of his friends ran to his side, and Deweese, noticing the movement, rallied the wounded man in his arms. Shaking him until his eyes opened, June, exultingly as a savage, cried, “Tony, for God’s sake stand up just a moment longer. Yonder he lies. Let me carry you over so you can watch the cur die.” Turning to me he continued: “Tom, you’ve got your man. Run for your life; don’t let them get you.”
Passing out of the house during the excitement, I was in my saddle in an instant, riding like a fiend for Shepherd’s. The sun was nearly an hour high, and with a good horse under me, I covered the ten miles to the ferry in less than an hour. Portions of the route were sheltered by timber along the river, but once as I crossed a rise opposite a large bend, I sighted a posse in pursuit several miles to the rear. On reaching Shepherd’s, fortunately for me a single horse stood at the hitch-rack. The merchant and owner of the horse came to the door as I dashed up, and never offering a word of explanation, I changed horses. Luckily the owner of the horse was Red Earnest, a friend of mine, and feeling that they would not have long to wait for explanations, I shook out the reins and gave him the rowel. I knew the country, and soon left the river road, taking an air-line course for Las Palomas, which I reached within two hours after nightfall. In few and profane words, I explained the situation to my employer, and asked for a horse that would put the Rio Grande behind me before morning. A number were on picket near by, and several of the boys ran for the best mounts available. A purse was forced into my pocket, well filled with gold. Meanwhile I had in my possession an extra six-shooter, and now that I had a moment’s time to notice it, recognized the gun as belonging to Tony Hunter. Filling the empty chambers, and waving a farewell to my friends, I passed out by the rear and reached the saddle shed, where a well-known horse was being saddled by dexterous hands. Once on his back, I soon passed the eighty miles between me and the Rio Grande, which I swam on my horse the next morning within an hour after sunrise.