“I'm not goin' away, Dad,” she said.
XXVI
Back to the passing of Boone and the landing of Columbus no man, in that region, had ever been hanged. And as old Judd said, no Tolliver had ever been sentenced and no jury of mountain men, he well knew, could be found who would convict a Tolliver, for there were no twelve men in the mountains who would dare. And so the Tollivers decided to await the outcome of the trial and rest easy. But they did not count on the mettle and intelligence of the grim young “furriners” who were a flying wedge of civilization at the Gap. Straightway, they gave up the practice of law and banking and trading and store-keeping and cut port-holes in the brick walls of the Court House and guarded town and jail night and day. They brought their own fearless judge, their own fearless jury and their own fearless guard. Such an abstract regard for law and order the mountaineer finds a hard thing to understand. It looked as though the motive of the Guard was vindictive and personal, and old Judd was almost stifled by the volcanic rage that daily grew within him as the toils daily tightened about Rufe Tolliver.
Every happening the old man learned through the Red Fox, who, with his huge pistols, was one of the men who escorted Rufe to and from Court House and jail—a volunteer, Hale supposed, because he hated Rufe; and, as the Tollivers supposed, so that he could keep them advised of everything that went on, which he did with secrecy and his own peculiar faith. And steadily and to the growing uneasiness of the Tollivers, the law went its way. Rufe had proven that he was at the Gap all day and had taken no part in the trouble. He produced a witness—the mountain lout whom Hale remembered—who admitted that he had blown the whistle, given the yell, and fired the pistol shot. When asked his reason, the witness, who was stupid, had none ready, looked helplessly at Rufe and finally mumbled—“fer fun.” But it was plain from the questions that Rufe had put to Hale only a few minutes before the shooting, and from the hesitation of the witness, that Rufe had used him for a tool. So the testimony of the latter that Mockaby without even summoning Rufe to surrender had fired first, carried no conviction. And yet Rufe had no trouble making it almost sure that he had never seen the dead man before—so what was his motive? It was then that word reached the ear of the prosecuting attorney of the only testimony that could establish a motive and make the crime a hanging offence, and Court was adjourned for a day, while he sent for the witness who could give it. That afternoon one of the Falins, who had grown bolder, and in twos and threes were always at the trial, shot at a Tolliver on the edge of town and there was an immediate turmoil between the factions that the Red Fox had been waiting for and that suited his dark purposes well.
That very night, with his big rifle, he slipped through the woods to a turn of the road, over which old Dave Tolliver was to pass next morning, and built a “blind” behind some rocks and lay there smoking peacefully and dreaming his Swedenborgian dreams. And when a wagon came round the turn, driven by a boy, and with the gaunt frame of old Dave Tolliver lying on straw in the bed of it, his big rifle thundered and the frightened horses dashed on with the Red Fox's last enemy, lifeless. Coolly he slipped back to the woods, threw the shell from his gun, tirelessly he went by short cuts through the hills, and at noon, benevolent and smiling, he was on guard again.
The little Court Room was crowded for the afternoon session. Inside the railing sat Rufe Tolliver, white and defiant—manacled. Leaning on the railing, to one side, was the Red Fox with his big pistols, his good profile calm, dreamy, kind—to the other, similarly armed, was Hale. At each of the gaping port-holes, and on each side of the door, stood a guard with a Winchester, and around the railing outside were several more. In spite of window and port-hole the air was close and heavy with the smell of tobacco and the sweat of men. Here and there in the crowd was a red Falin, but not a Tolliver was in sight, and Rufe Tolliver sat alone. The clerk called the Court to order after the fashion since the days before Edward the Confessor—except that he asked God to save a commonwealth instead of a king—and the prosecuting attorney rose:
“Next witness, may it please your Honour”: and as the clerk got to his feet with a slip of paper in his hand and bawled out a name, Hale wheeled with a thumping heart. The crowd vibrated, turned heads, gave way, and through the human aisle walked June Tolliver with the sheriff following meekly behind. At the railing-gate she stopped, head uplifted, face pale and indignant; and her eyes swept past Hale as if he were no more than a wooden image, and were fixed with proud inquiry on the Judge's face. She was bare-headed, her bronze hair was drawn low over her white brow, her gown was of purple home-spun, and her right hand was clenched tight about the chased silver handle of a riding whip, and in eyes, mouth, and in every line of her tense figure was the mute question: “Why have you brought me here?”
