XI.

The morning dawned with a radiant disdain of mists. The wind was buoyant, elated. The yellow sunshine, in its vivid perfection, might realize to the imagination the light that first shone upon the world when God saw that it was good. The air was no insipid fluid, breathed unconsciously. It asserted its fragrance and freshness in every respiration. It stirred the pulses like some rare wine; it seemed, indeed, the subtle distillation of all the fruitage of the year, enriched with the bouquet of the summer, and reminiscent of the delicate languors of the spring. The sky had lifted itself to empyreal heights, luminously blue, with occasional faint fleckings of fleecy vapors. The white summits of the mountains were imposed against it with a distinctness that nullified distance; even down their slopes, beyond the limits of the snowfall, the polychromatic vestiges of autumn were visible, with no crudity of color in these sharp contrasts, but with a soft blending of effect. Within the court-house great blocks of sunshine fell upon the floor through the dirty panes. Several of the sashes were thrown up to admit the air. The rusty stove stood cold and empty. Many a day had passed since the spider-webs that hung from the corners of the ceiling and draped the bare windows of the great room had been disturbed. They might suggest to the contemplative mind analogies to the labyrinthine snares of the law, where the intrusive flies perish miserably, and the spiders batten. On one of the window-panes a blue-bottle climbed the glass, intent on some unimagined achievement; always slipping when near the top, and falling buzzing drearily to the bottom, to recommence his laborious ascent in the sunshine. Sometimes he would fly away, droning in melancholy disgust, presently returning and renewing his futile efforts. He was a fine moral example of perverted powers, and might well be commended to the notice of human malcontents,—by nature fitted to soar, but sighing for feats of pedestrianism. In contrast with the day in its alertness, its intense brilliancy, yesterday was blurred, dim, like some distorted dream hardly worth crediting as a portent. It might need as attestation of its reality the jury which it had brought forth. They were all early in their places, having been sequestered in charge of the sheriff, and having slept as it were under the wing of the law. The privilege accorded by law, in phrase of munificent bestowal,—to be tried by a jury of one’s peers,—seems at times a gigantic practical joke, perpetrated by justice on simple humanity. They were indeed Mink’s peers so far as ignorance, station,—for most of them were mountaineers,—poverty, and prejudice might suffice. Few were so intelligent, but none so lawless. Most of them were serving under protest, indifferent to the dignity of the great engine of justice which they represented. The two or three who showed willingness were suspected, either by the defense or the prosecution, of occult motives. All looked unkempt, stolid, dogged, even surlily stupid, as they sat in two rows, chewing as with one gesture. Gradually, however, they visibly brightened under the bland courtesy of Mr. Kenbigh, the attorney for the State, who took early occasion to say—and he paraphrased the remark more than once in the course of the day—that he had never had the pleasure of trying a case before so intelligent a jury, or one to whom the sacred interests of justice could be so safely entrusted. Harshaw, too, deported himself toward them with a mollifying suavity which, to judge from his ordinary manner, would have seemed impossible. He had a very pretty wit, of a rough and extravagant style, that greatly commended him to them and relieved the irksomeness of their duress. Mink had evidently been tutored in regard to his demeanor toward them. He forbore to scowl at Pete Rood with the fierce dismay his face had worn when he saw his enemy sworn on the preceding night. But his dissembling was limited. He simply would not look at Rood at all. There was an unaffected confidence, almost indifference, upon his handsome face that occasioned much comment. It had already been rumored among the bar, thence percolating through the town at large, that the defense had discovered important testimony at the last moment, but that for some reason Harshaw had desired to apply for a continuance. The prisoner, it was said, had protested, and refused downright, declaring that by nightfall, by to-morrow at farthest, he would be on his way to his home in Hazel Valley. This rumor gave an added interest to the moment when the witnesses were brought in to be sworn and put under the rule. The crowd scanned each with a fruitless conjecture as to which possessed the potent and significant knowledge on which the defense relied. Several of them were women, demure as nuns in their straight skirts and short waists and long, tunnel-like sun-bonnets. The mountain men strode in, and stared about them freely, and were very bold, in contrast to these decorous associates, with their grave, downcast eyes and pale, passionless faces. The book was held toward the witnesses, two or three were instructed to put their hands upon it, and then the clerk, in a voice that might have proceeded from an automaton, so wooden was the tone and elocution, recited the oath with a swiftness that seemed profane. The group stood half in the slanting sunbeams, half in the brown shadow, close about the clerk’s desk. Among the tall, muscular figures of the mountain men and the pallid, attenuated elder women was Alethea, looking like some fine illusion of the dusky shadow and gilded sunshine, with her golden hair and her brown homespun dress. How shining golden her hair, how exquisitely fresh and pure her face, how deep and luminous and serious her brown eyes, showed as never before. Somehow she was embellished by the incongruity of the sordid surroundings of the court-room, the great, haggard, unkempt place, and the crude ugliness of its frequenters. Her face was fully revealed, for she had pushed back her bonnet that she might kiss the book. As she took it from the clerk’s hand and pressed her lips to it, Mink’s heart stirred with a thrill it had never before known. He was entering as a discoverer upon a new realm of feeling. He experienced a subtle astonishment at the turbulence, the fierceness, of his own emotion.

The judge was looking at her!

Gwinnan’s hand still held his pen. His head was still bent over the paper on which he wrote. The casual side-glance of those discerning gray eyes was prolonged into a steady gaze of surprise. He did not finish the word he was writing. He laid the pen down presently. He watched her openly, unconsciously, as she gave back the book, and as she walked with the other witnesses into the adjoining room to await the calling of her name.

Mink could hardly analyze this strange emotional capacity, this new endowment, that had come to him, so amazed was he by its unwonted presence. He had not known that he could feel jealousy. He could not identify it when it fell upon him. He had been so supreme in Alethea’s heart, so arrogantly sure of its possession, that he had not cared for Ben Doaks’s hopeless worship from afar; it did not even add to her consequence in his eyes. But that this stranger of high degree—he would not have phrased it thus, for he had been reared in ignorance of the distinction of caste, yet he instinctively recognized it in the judge’s power, his isolated official prominence, his utter removal from all the conditions of the mountaineer’s world—that this man should look at her with that long, wondering gaze, should lay down his pen, forgetting the word he was to write!

Mink felt a terrible pang of isolation. For the first time Alethea was in his mind as an independent identity, subject to influences he could scarcely gauge, perhaps harboring thoughts in which he had no share. Her love for him had hitherto served for him as an expression of her whole nature. He had never recognized other possibilities. Even her continual pleas that he should take heed of the error of his ways he had esteemed as evidence of her absorption in him, her eager, earnest aspiration for his best good; she would endure his displeasure rather than forego aught that might inure to his welfare. He had felt no gratitude that she had come to rescue him, as she had often done, never so sorely needed as now; it had seemed to him natural that she should bestir herself, since she loved him so. The first doubt of the permanence and pervasiveness of this paramount affection stirred within him. He wondered if she had noticed the man’s look, if she were flattered by it. He sought to reassure himself. “Lethe jes’ bogues along, though, seein’ nuthin’, studyin’ ’bout suthin’ else; mebbe she never noticed. But ef Mis’ Purvine hed been hyar, or Mis’ Sayles, I be bound, they’d hev seen it, an’ tole her, too, else they ain’t the wimmen I take ’em fur.” He marveled whether Gwinnan had thought she was pretty. He himself had always accounted her a fairly “good-lookin’ gal,” but no better favored than Elvira Crosby.

He had had no fear of the result of the case since he had known of Alethea’s strange glimpse of Tad; he was, too, in a moral sense, infinitely relieved by the circumstance. Otherwise he might not have been able to entertain a train of thought so irrelevant to the testimony which was being given by the witnesses for the State. He heard it only casually, although he now and then languidly joined the general smile that rewarded some happy hit of Harshaw’s. These pleasantries were chiefly elicited in cross-examining the witnesses for the State, and in wrangles with the attorney-general as to the admissibility of evidence. Kenbigh, with a determination of purple wrath to his bald head, would in his stentorian roar call aloud upon his authorities with a reverent faith as if they were calendared saints. More than once the court ruled against him, when it seemed appropriate in his next remark to drop his voice to a rumbling basso profundo. He maintained due respect for the judge and showed a positive affection for the jury, but the very sight of Harshaw would excite him to an almost bovine expression of rage,—the florid counsel being like a red rag to a bull. At first the only point which Harshaw seemed desirous to make was that none of the witnesses had attached any importance to Mink’s threats, the afternoon of the shooting match, to “bust down the mill,” until they heard of the disaster. He tried, too, to induce them to admit that Mink was a good fellow in the main. The tragic results, however, of his late mischief had given a new and serious interpretation to all his previous pranks, and the witnesses were more likely to furnish supplemental instances of freakish malice and the mischievous ingenuity of his intentional reprisals than to palliate his jocose capers. One old man, a by-stander at the shooting match, was especially emphatic, even venomous. Harshaw involved him in a sketch of what he considered a young man should be. When asked where he had ever known such a man he naively confessed,—himself, “whenst I war young.”

Harshaw found it much safer to take the aggressive. He played upon the alternating fears which Mink’s comrades entertained of the revenuers and the moonshiners. He seemed to question rather pro forma than with the expectation of eliciting serious results, and to amuse himself with the involutions and contradictions in which he contrived to enmesh them, in replying to his questions as to their sobriety that night in the woods, what they had to drink, how much it required to make them drunk.

To the witness it was not a reassuring playfulness. Harshaw looked very formidable as he sat, his chair tilted back on its hind legs, both hands clasping the lapels of his coat. Whenever he made a point he smacked his confident red lips.

“You were perfectly sober that night?”