The Tempering

by Charles Neville Buck

During those following months, when Asa Gregory lay in jail, first in Frankfort, then in Louisville, as a prisoner of state, who had been denied bail, the boy back in the laurel-mantled hills smouldered with passionate resentment for what he believed to be a monstrous injustice. In his quest of education he sought refuge from the bitter brooding that had begun to mar his young features with its stamp of sullenness. Asa had killed men before, but it had been in that feud warfare which was sanctioned by his own conscience. Now he stood charged with a murder done for hire, the mercenary taking off of a man for whom he had no enmity save that of the abstract and political. Upon his kinsman's innocence the boy would have staked his life, and yet he must look helplessly on and see him thrown to the lions of public indignation.

Of Saul, he hardly thought at all. Saul was small-fry. The Commonwealth would treat him as such, but upon Asa it would wreak a surcharged anger, because to send Asa Gregory to the gallows would be to establish a direct link between the Governor who had pardoned him and mountain murder-lust.

Already the Secretary of State had been disposed of with a promptitude which, his friends asserted, savoured rather of the wolf pack than the courtroom. The verdict had been guilty, and his case was now pending on a motion for rehearing.

Already, too, a stenographer, who had been in the employ of the fugitive Governor, had been given a life sentence and had preferred accepting it without appeal to risking the graver alternative of the gallows.

As he lay in jail waiting until the slow grind of the law-mill should bring him into its hopper, Asa too recognized the extreme tenuousness of his chances.

But it was not until the wheat had been harvested and threshed in the rich bluegrass fields that the session of court was called to order, whose docket held for Asa Gregory the question of life and death.

That trial was to be at Georgetown, a graciously lying town about whose borders stretched estates, where a few acres were worth as much as a whole farm in the ragged and meagre hills. It was a town of kindly people, but just now of very indignant people, blinded by an unbalanced anger. It was not a hopeful place for a mountaineer with a notched gun who stood taxed with the murder from ambush of a governor.

Over the door of the brick court house stood an image of the blindfolded goddess. She was a weather-worn deity, corroded out of all resemblance to the spirit of eternal youthfulness which she should have exemplified, and Boone pressed his lips tight, as he entered with McCalloway, and noted that the scales which she held aloft were broken, but that the sword in the other hand was intact—and unsheathed.

At the stair head, in precaution against the electrically charged tension of the air, deputies passed outspread hands over the pockets and hips of each man who entered, in search for concealed weapons. About the semicircular table, fronting the bench and the prisoner's dock, sat the men of the press, sharpening their pencils and—waiting.

Under the faded portrait of Chief Justice Marshall a battery of windows let in the summer sun and the mellow voice of a distant negro, raised somewhere in a camp-meeting song.