Back Home: Being the Narrative of Judge Priest and His People

by Irvin S. Cobb

I. WORDS AND MUSIC

WHEN Breck Tandy killed a man he made a number of mistakes. In the first place, he killed the most popular man in Forked Deer County—the county clerk, a man named Abner J. Rankin. In the second place, he killed him with no witnesses present, so that it stood his word—and he a newcomer and a stranger—against the mute, eloquent accusation of a riddled dead man. And in the third place, he sent north of the Ohio River for a lawyer to defend him.

On the first Monday in June—Court Monday—the town filled up early. Before the field larks were out of the grass the farmers were tying their teams to the gnawed hitch-racks along the square. By nine o'clock the swapping ring below the wagonyard was swimming in red dust and clamorous with the chaffer of the horse-traders. In front of a vacant store the Ladies' Aid Society of Zion Baptist Church had a canvas sign out, announcing that an elegant dinner would be served for twenty-five cents from twelve to one, also ice cream and cake all day for fifteen cents.

The narrow wooden sidewalks began to creak and chum under the tread of many feet. A long-haired medicine doctor emerged from his frock-coat like a locust coming out of its shell, pushed his high hat off his forehead and ranged a guitar, sundry bottles of a potent mixture, his tooth-pulling forceps, and a trick-handkerchief upon the narrow shelf of his stand alongside the Drummers' Home Hotel. In front of the little dingy tent of the Half Man and Half Horse a yellow negro sat on a split-bottom chair limbering up for a hard day. This yellow negro was an artist. He played a common twenty-cent mouth organ, using his left hand to slide it back and forth across his spread lips. The other hand held a pair of polished beef bones, such as end men wield, and about the wrist was buckled a broad leather strap with three big sleigh-bells riveted loosely to the leather, so that he could clap the bones and shake the bells with the same motion. He was a whole orchestra in himself. He could play on his mouth organ almost any tune you wanted, and with his bones and his bells to help out he could creditably imitate a church organ, a fife-and-drum corps, or, indeed, a full brass band. He had his chair tilted back until his woolly head dented a draggled banner depicting in five faded primary colon the physical attractions of the Half Man and Half Horse—Marvel of the Century—and he tested his mouth organ with short, mellow, tentative blasts as he waited until the Marvel and the Marvel's manager finished a belated breakfast within and the first ballyhoo could start. He was practicing the newest of the ragtime airs to get that far South. The name of it was The Georgia Camp-Meeting.

The town marshal in his shirt sleeves, with a big silver shield pinned to the breast of his unbuttoned blue waistcoat and a hickory stick with a crook handle for added emblem of authority, stalked the town drunkard, fair game at all seasons and especially on Court Monday. The town gallant whirled back and forth the short hilly length of Main Street in his new side-bar buggy. A clustering group of negroes made a thick, black blob, like hiving bees, in front of a negro fishhouse, from which came the smell and sounds of perch and channel cat frying on spitting-hot skillets. High up on the squat cupola of the courthouse a red-headed woodpecker clung, barred in crimson, white, and blue-black, like a bit of living bunting, engaged in the hopeless task of trying to drill through the tin sheathing. The rolling rattle of his beak's tattoo came down sharply to the crowds below. Mourning doves called to one another in the trees round the red-brick courthouse, and at ten o'clock, when the sun was high and hot, the sheriff came out and, standing between two hollow white pillars, rapped upon one of them with a stick and called upon all witnesses and talesmen to come into court for the trial of John Breckinridge Tandy, charged with murder in the first degree, against the peace and dignity of the commonwealth of Tennessee and the statutes made and provided.

But this ceremonial by the sheriff was for form rather than effect, since the witnesses and the talesmen all sat in the circuit-court chamber along with as many of the population of Forked Deer County as could squeeze in there. Already the air of the crowded chamber was choky with heat and rancid with smell. Men were perched precariously in' the ledges of the windows. More men were ranged in rows along the plastered walls, dunking their heels against the cracked wooden baseboards. The two front rows of benches were full of women. For this was to be the big case of the June term—a better show by long odds than the Half Man and Half Horse.

Inside the low railing that divided the room and on the side nearer the jury box were the forces of the defense. Under his skin the prisoner showed a sallow paleness born of his three months in the county jail. He was tall and dark and steady eyed, a young man, well under thirty. He gave no heed to those who sat in packed rows behind him, wishing him evil. He kept his head turned front, only bending it sometimes to whisper with one of his lawyers or one of his witnesses. Frequently, though, his hand went out in a protecting, reassuring way to touch his wife's brown hair or to rest a moment on her small shoulder. She was a plain, scared, shrinking little thing. The fingers of her thin hands were plaited desperately together in her lap. Already she was trembling. Once in a while she would raise her face, showing shallow brown eyes dilated with fright, and then sink her head again like a quail trying to hide. She looked pitiable and lonely.

The chief attorney for the defense was half turned from the small counsel table where he might study the faces of the crowd. He was from Middle Indiana, serving his second term in Congress. If his party held control of the state he would go to the Senate after the next election. He was an orator of parts and a pleader of almost a national reputation. He had manly grace and he was a fine, upstanding figure of a man, and before now he had wrung victories out of many difficult cases. But he chilled to his finger-nails with apprehensions of disaster as he glanced searchingly about the close-packed room.

Wherever he looked he saw no friendliness at all. He could feel the hostility of that crowd as though it had substance and body.