When we returned to the observation car Senator Bull was unanimously called to the chair. "I shall hark back to my boyhood days," said he, "and relate an incident in my early life, and its sequel when I attained man's estate. I suppose all of us have had experiences which have more than once brought home the weight of that bewhiskered old maxim—'Truth is stranger than fiction.' "There were twelve of us—Bert Martin, Joey Scott, Tom Hyland, Georgie Morris, Jake Milburn, Bob Hardee, Lannie Sudduth, Owen Prouty, Alf Rush, Ed Ross, Dolph Levy, and myself. The Forestburg Rifles we called ourselves. Ed Ross was captain, and Lannie Sudduth and Bob Hardee, lieutenants. There were no other officers, for that would have left too few privates; but, as it was, our nine men marching single file and wide apart made a fine showing. Owen Prouty limping bravely along, brought up the rear. 'That lame Prouty boy' was the gamest fellow in the command and it nearly broke his heart when we marched away in earnest in sixty-one, and left him behind—the leader of the home-guard. "The Rifles were armed with wooden guns, and drilled twice a week in Bert Martin's barn—drilled with almost the same precision and attention to the manual as we had to do in later years. Ed Ross was a strict disciplinarian even then, and awfully in earnest. Indeed, we all were for that matter. When the notion is strong upon them, young folks beat their elders all hollow at that sort of thing. Every Saturday afternoon at three o'clock, weather permitting, we met at our armory, and after some preliminary maneuvers marched down High Street. Old Cush Woodberry and the other loafers at Horton's would come out on the platform in front of the store and review the troops. The interest those lazy fellows took in us was astonishing. Old Cush even volunteered one day to give us some instructions in tactics, but our gallant captain courteously declined. There were others, though, who did not admire us so much. The green-eyed monster reigned supreme over on Liberty Street, and around by the court-house lot. There the country lads in town for Saturday market were entrenched, and they jeered at us enviously from the line of wagons drawn up in battle array. Occasionally a rotten apple or potato would sail through the air in our direction, but we marched past our tormentors stiffly erect, and apparently unconscious. Had our numbers been stronger we would have joyfully stormed the enemy's works, but the country boys were bigger than we, and vastly more numerous; so with us discretion was indeed the better part of valor. "The Rifles were organized just after school broke up, and flourished all that summer; a remarkable thing for Forestburg boys, for we were a squabbling lot, prone to quarrel and fight upon the slightest provocation. But in some way our captain held us together—just as he did afterward at Antietam and Gettysburg. Dear old chap, he holds us still! "In early September we received our colors. Up to that time Owen Prouty had carried a small flag on his musket, but it had never been dignified as the company's colors. Our real flag was given to us by the little McDermott girl, and the giving was done so prettily and sweetly that our boyish hearts were touched—and this is saying a good deal. Not, indeed, that the Forestburg boys were rougher than other boys, for I guess they are all pretty much alike; but we had been taught to hate and shun the McDermotts. They were newcomers, and Danny McDermott had been a Young Irelander, or something else equally as dreadful. Then, too, Forestburg was a Knownothing stronghold, and we fell naturally into our daddies' way of thinking. So we roundly snubbed the pleasant-faced Danny and his family whenever we had a chance, and the fellows at school used to bully Terence, the son, most atrociously. Yet as we marched by the McDermotts' on Saturday afternoons little Katie would always run out to the gate delightedly and wave a large flag, and after a while we came to look upon the little golden-haired child and her flag as quite a feature of our parade. Finally, one day she stepped into the street, and with a quaint curtsy presented the flag, garlanded with roses and buttercups, to our captain. The command was at once ordered to halt, and all eyes were fixed upon Ed and the blushing child. "'Attention!' shouted Captain Ross. We obeyed and looked straight ahead as good soldiers should, with a sly glance out of the corners of our eyes at our leader. But Ed knew just what to do. He faced about sharply, and made a low bow to the lady, took the flag held out to him, and then made a speech. Ed Ross was always a fine talker, and had won the elocution prize at school the year before. On this occasion he fairly surpassed himself. I have often thought of it since. At our next meeting we unanimously elected Miss Katherine Burke McDermott an honorary member of the Rifles. Tom Ryland's sister drew up the resolutions, and they were very beautiful. "It was a sultry afternoon, and the little jury-room was suffocating. The fight for a life which had raged out in the gloomy court-room for two weeks or more was now transferred to the ten by twelve cubby-hole where we had been cooped up since noon. The evidence against the prisoner was overwhelming, but some of the jurors still wavered as to their clear duty. Eight of us were for murder in the first degree; the others were in the same frame of mind, I am sure, but tantalizingly slow about saying so. It looked like an all-night struggle. "Thrice since midday had Sheriff Watkins popped in his red head and asked if we had agreed upon a verdict, and as often had he angrily withdrawn. Watkins had a profound contempt for juries in general, and our jury in particular. According to the sheriff, the case of Commonwealth against Hardy was decided, and decided fully, when Dillingham finished his speech. Dillingham was the prosecuting attorney, and Watkins worshipped him down to the ground. Watkins was therefore clearly prejudiced, but in this instance his views were undeniably sound. "The court, despairing and thirsty, had adjourned to meet at seven o'clock. In the jury-room all arguments for and against the stand taken by the unshaken eight seemed exhausted. The hours dragged wearily by. At half-past five o'clock, to our great surprise, three of the obstinate crowd came over to our way of thinking. Whether stern duty, our mutual discomfort, or the prospect of another night away from their families wrought this, I know not. So then, with the single exception of Colonel Ross, we were all for stringing up the prisoner. "Colonel Ross still stuck out doggedly for a milder punishment—anything to save the poor devil's life, he said. For the first time in my career I rebelled against the judgment of my old friend, and for the first time found myself arrayed against him, and the novelty of the situation was far from agreeable. The clock in the town hall struck six, and the whistles down at Thayer's mill blew furiously. The Colonel was biting the ends of his mustache and gazing moodily into the crowded street below. I went up to him and put my hand on his shoulder. "'Now, Colonel,' said I, in my most persuasive tones, 'can't you make up your mind to join us in this thing? We are all agreed except yourself. God knows we have no personal feeling against Hardy. We are simply doing what we think is our duty, and a mighty nasty one it is, too! You know that. But we owe something to society—society, whose structure was shaken to its very foundation by the perpetration of this crime! (Dillingham's own words.) The prisoner is clearly guilty. Why, the fellow practically confesses it. We ought to put some stop to the killing and general rascality up there in the settlement. Our section is fast becoming a monstrous blot on the fair name of the Commonwealth! (Dillingham again.) What is there left for us to do but carry out the law? What is there left for——' My voice died away weakly. Something in the Colonel's face effectually blasted my budding eloquence. At that moment I felt myself a greater criminal than Hardy or any of his gang. "Colonel Ross tapped the floor impatiently with his crutch. He was a testy man, but much was borne from him. Colonel Ross addressing the jury."'Gentlemen,' said he, his eyes flashing, 'I verily think that the good God above in His great wisdom and mercy picked out this jury Himself. I am sure He did. Now, listen to me. It will not take long. "'We have all had a tedious two weeks of it, haven't we? The weather has been warm; our business neglected; some of us have sick ones at home we are anxious to see; and we are all losing our health and temper in this close confinement. And I by no means omit the dreadful meals at the Darby House. But, gentlemen, rather than come over to you and hang Eph Hardy, I would stay here forever! Not, indeed, that there is any danger of that, for the Judge will discharge us pretty soon if we do not come to terms. But I can at least go to my home with nothing to haunt me the rest of my life. I can at least close my eyes at night without fear of troubled dreams or hours of unrest. And I thank God for it. "'Now, my friends, while all that we've gone through has been wearing on a fellow, it has not been without interest. You have doubtless heard and gazed in wonder at "the cloud of witnesses" the defense and prosecution have summoned for this case. You have listened open-mouthed to the fine eloquence of the lawyers. You have seen, day after day, the fashionable city folk, who have come down to our little town, troop in and take their seats—and the reporters, and the men with the cameras, and the hungry-looking "poor whites." Now, gentlemen, of course you have seen and heard all this, and of course you have been duly impressed. I have been, I grant you; but of late there has been but one thing in that court-room I could see; but one thing that interested me, and held my attention to the exclusion of all else. I don't suppose you know what I mean. It is this—back, 'way back by the door a little woman has been in torture, such torture as I hope you will never know. I cannot keep my eyes from that shabbily dressed figure; from that white, tear-stained face. Again and again I have seen her veil drawn down, and the poor creature shaking with grief. At first I did not know her, though I guessed. Watkins told me about her. She is the prisoner's mother. "'When Dillingham was putting in his finishing touches this morning I thought of my mother. She was like that when they brought my brother Archie home. You remember Archie—and the day he was drowned? We were all in swimming that Sunday, you know, and Parson Moore said it was a judgment, but my poor mother could not bring herself to think so. "'Well, the Hardy woman called to mind mother when they told her about Archie. That same awful, awful look of despair. "'As I said before, I see the hand of God in the choosing of this jury.' The Colonel eyed us almost exultingly. "'Boys! Attention!' Mechanically we old soldiers arose and faced about, obeying our Colonel as of yore. The order was electrical, and set us tingling with expectation. Something else was surely coming. "The Colonel bowed profoundly to an imaginary person at his side. "'Boys, listen! I accept this flag from your fair hands in behalf of my men and myself. Mere words fail to express our thanks, but in deeds most glorious will we attest our love for you, and the Stars and Stripes!'—or something like that—all very childish and grandiloquent, but we kept our word, didn't we? And again—picture it to yourselves, now—Bob Hardee's barn; your captain in the chair; Private Ryland rises, and offers the following: "Be it Resolved, that Miss Katherine Burke McDermott be, and hereby is, elected an honorary member for life in the Forestburg Rifles, and that we swear to cherish and protect her forever." That was the gist of it, I believe, and there were other resolutions regarding the same young lady, which have unfortunately escaped my memory. But, boys, need I remind you that these resolutions were adopted unanimously? O, let them bind us still! That broken-hearted woman in there was once the little golden-haired lass to whom we were so loyal in the long ago. Shall we not be loyal to-day? It isn't justice, and it isn't law; but, boys, we've got to save that fellow's life—now, haven't we?' "An hour later we entered the court-room. The woman over by the door looked up with a faint flush on her face. Hope had made it radiant. She knew that 'The Rifles' would never vote to take her boy's life! "And she was right. "We acquitted him. "The verdict was heard in absolute silence. Then there was a slight stir in the rear of the room. Nothing, after all; only—a woman had fainted. It was hot in the court-room that night, and no place for women, anyhow, as Colonel Ross gruffly remarked at the time. "But there were tears in his eyes." |