When 'Bear Cat' Went Dry

by Charles Neville Buck

As the days passed it was reported that on the motion of the commonwealth, alleging bias and prejudice, Judge Renshaw had vacated the bench, and that the governor had named a pro-tem. successor from another district—and called a special term of court, to sit at Marlin Town.

Kinnard Towers heard that news with a smile of derision. "Let 'em bring on thar jedges an' soldiers," he said complacently. "Ther law still fo'ces 'em ter put native names in ther jury wheel an' I reckon no grand jury thet dwells hyar-abouts won't hardly indict me ner no petty jury convict me."

So it was something of a shock to his confidence when he heard that he, Black Tom Carmichael and Sam Carlyle had been indicted for conspiracy to commit murder. Even that he regarded as merely an annoyance, for as one of the grand jurors had hastened to assure him: "Hit war jest a sort of a formality, Kinnard. We knowed ther little jury would cl'ar you-all an' hit looked more legal-like ter let hit come up fer trial."

But the bringing of those indictments was really a tribute to the dawning power of Kinnard's enemies. The thing was intended as a compromise by which the grand jury should satisfy the Stacys and the petit jury should mollify Towers by acquitting him later.

Kinnard knew that Sam Carlyle had gone to Oklahoma, and that without him any prosecution must fail—but he did not know that the prosecution had already located him there and taken steps to extradite him.

Then one day, Bear Cat received a summons by mail to meet George Sidney in Frankfort, and since secrecy was the essence of the plan they had already discussed in embryo, he went in a roundabout way through Virginia and came back into Kentucky at Hagen. He was absent for a week and toward its end he found himself, under the escort of the Louisville lawyer, standing in the private office of the chief executive himself. Turner had never seen a city before. He had never met a man of such consequence, but the governor himself brought to the interview a dignity no more unabashed.

"This is the young man of whom I spoke, governor," said Sidney. "He has given his community the nearest approach it has known to placing sobriety and humanity above lawlessness. There are two men down there who run things. Towers owns the courts and—maintains feudalism. This young man heads an organization of night-riders—and challenges Towers. It's the young against the old: the modern spirit against the ancient habit."

The governor subjected Bear Cat Stacy to an inquisitorial scrutiny—which was met with a glance as undeviating.

"I am told that it has been impossible in your country," he began, "to enforce the attendance of witnesses and even of defendants at court. I am also told that you believe you can alter this."

Turner nodded gravely. "I kin fetch 'em in—dead or alive," he said with bold directness. "All I needs air ter be told who ter git."