"The prisoners' counsel had moved to have the prisoners transferred to another county, which I opposed. I was sure that the people of my county would observe the law. They had resisted the first fierce impulse, and were now waiting patiently for Justice to take its course. Months passed, and the stay of execution had to be renewed. The road to Halloway's grew up and I understood that the house had fallen in, though I never went that way again. Still the court hung fire as to its conclusion.
"The day set for the execution approached for the third time without the court having rendered its decision. On the day before that set for the execution, the court gave its decision. It refused to interfere in the case of old Joel, but reversed, and set aside the verdict in that of the younger man. Of a series of over one hundred bills of exception taken by his counsel as a "drag-net," one held; and owing to the admission of a single question by a juror, the judgment was set aside in Absalom's case and a new trial ordered.
"The decision of the court was not as great a surprise to me as it was to the people generally; still even I was somewhat surprised, for I had supposed that both judgments would go together. The court came in for a good deal of abuse, and it was declared by many that they had hanged the wrong man.
"Being anxious lest the excitement might increase, I felt it my duty to stay at the county-seat that night, and as I could not sleep I spent the time going over the records of the two cases; which, like most causes, developed new points every time they were read. I found myself fascinated by them.
"Everything was perfectly quiet all night, though the village was filling up with people from the country to see the execution, which at that time was still public. I determined next morning to go to my home in the country and get a good rest, of which I began to feel the need. I was detained, however, and it was well along in the forenoon before I mounted my horse and rode slowly out of town through a back street. The lane kept away from the main road except at one point just outside of town, where it crossed it at right angles.
"It was a beautiful spring day—a day in which it is a pleasure merely to live, and as I rode along through the quiet lane under the leafy trees I could not help my mind wandering and dwelling on the things that were happening. I am not sure, indeed, that I was not dozing; for I reached the highway without knowing just where I was.
"I was recalled to myself by a rush of boys up the street before me, and a crowd behind them. And there at that moment, coming slowly along before me, was the head of the procession, the sheriff and his men riding, with set faces, in front and on both sides of a slowly moving vehicle, and in a common horse-cart in the midst of his guards, dressed in his Sunday clothes, with a clean white shirt on, seated on his pine coffin, was old Joel. I unconsciously gazed at him, and at the instant he looked up and saw me. Our eyes met as naturally as if he had expected to find me there, and he gave me as natural and as friendly a bow, not a particle reproachful; but a little timid, as though he did not quite know whether I would speak to him.
"It gave me a tremendous shock. I had a sudden sinking of the heart, and nearly fell from my horse. I turned and rode away; but I could not shake off the feeling. I tried to reassure myself with the reflection that he had committed a terrible crime. It did not compose me. What insisted on coming to my mind was the eagerness with which I had prosecuted him and the joy I had felt at my success.
"Of course, I know now it was simply that I was overworked and needed rest; but at that time the trouble was serious.
"It haunted me all day, and that night I could not sleep; and for many days after, it clung to me, and I found myself unable to forget it, or to sleep as I had been used to do.