John Morris sat on his horse quite apart even from his own friends, and after a few words with him, Mitchell had gone to the group of horsemen about whom the townsmen were gathered. The sheriff did not know what this portended, but he waited patiently, leaning against the wall of the jail and whittling a stick. He knew quite well that all these men were friendly to him; that they understood his position perfectly, and that they expected him to pretend to do his duty to a reasonable extent, and so far their good-nature would last; but he knew equally well that in their eyes the negro had put himself beyond the pale of the law; that they were determined to hang him and would do it at any cost; and that the only mercy which the culprit could expect from this upper class to which Mr. Morris belonged was that his death would be quick and quiet. He knew also that if they found out that he was in earnest in defending the prisoner he himself would be in danger not only from Mr. Morris and his friends, but from the townsmen as well. Of course all this could be avoided by showing them that the jail was empty; but to do this would be at this stage to insure the fugitive's capture and death. To save the negro he must hold the jail as long as possible, and if he had to shoot, shoot into the ground. All this was quite clear to him; what was not clear was what these men would do when they found that he had saved the negro, and they had stormed an empty jail.
He was an old soldier, and had been in many battles; he had fought hardest when he knew that things were most hopeless; he had risked his life recklessly, and death had been as nothing to him when he had thought that he would die for his country. But now—now to risk his life for a negro, for a worthless creature who he thought deserved hanging—was this his duty? Why not say, “I have sent the negro to the city”? How quickly those fierce horsemen would dash away down the road! Well, why not? He drew himself up. He was not going to turn coward at this late day. His duty lay very plain before him, and he would not flinch. And he fixed his eyes once more on the little stick he was cutting, and waited.
Presently he saw a movement in the crowd, and the thought flashed across him that they might capture him suddenly while he stood there alone and unarmed. He stepped quickly to the gate, where Doty Buxton waited, and standing in the opening, asked the crowd to stand back, and to send Mr. Mitchell to tell him what the decision was. There was a moment's pause; then Mitchell rode forward.
“Mr. Morris says that Judge More cannot help matters. The negro must die, and at once. We don't want to hurt you, and we don't want to destroy public property, but we are going to have that wretch if we have to burn the jail down. Will you stop all this by delivering the prisoner to us?”
The sheriff shook his head. “I can't do that, sir. But one thing I do ask, that you'll give me warning before you set fire to the jail.”
“If that'll make you give up, we'll set fire now.”
“I didn't say it'd make me surrender, but only that I'd like to throw a few things out—like Doty Buxton, for instance,” smiling a little.
“All right; when we stop trying to break in, we'll be making ready to smoke you out. The jail's empty but for this negro, I hear.”
“Yes, the jail's empty; but don't you think you oughter give me a little time to weigh matters?”
“Is there any chance of your surrendering?”