in this country anywhere. But they can't help being prejudiced. Human nature's not strong enough to stand out against the feeling that's grown up round here against Tandy since he shot Ab Rankin.”
“Son,” said Judge Priest, still with his eyes on the darkening square below, “about how many of them jurors would you say are old soldiers?”
“Four or five that I know of,” said Hightower—“and maybe more. It's hard to find a man over fifty years old in this section that didn't see active service in the Big War.”
“Ah, hah,” assented Judge Priest with a squeaky little grunt. “That foreman now—he looked like he might of seen some fightin'?”
“Four years of it,” said Hightower. “He came out a captain in the cavalry.”
“Ah, hah.” Judge Priest sucked at his pipe. “Herman,” he J wheezed back over his shoulder to Felsburg, “did you notice a tall sort of a saddle-colored darky playing a juice harp in front of that there sideshow as we came along up? I reckon that nigger could play almost any tune you'd a mind to hear him play?”
At a time like this Durham was distinctly not interested in the versatilities of strange negroes in this corner of the world. He kept silent, shrugging his shoulders petulantly.
“I wonder now is that nigger left town yet?” mused the old judge half to himself.
“I saw him just a while ago going down toward the depot,” volunteered Hightower. “There's a train out of here for Memphis at 8:50. It's about twenty minutes of that now.”
“Ah, hah, jest about,” assented the judge. When the judge said “Ah, hah!” like that it sounded like the striking of a fiddle-bow across a fiddle's tautened E-string.
“Well, boys,” he went on, “we've all got to do the best we can for Breck Tandy, ain't we? Say, son”'—this was aimed at Durham—“I'd like mightily for you to put me on the stand the last one tomorrow. You wait until you're through with Herman and Colonel Quigley here, before you call me. And if I should seem to ramble somewhat in giving my testimony—why, son, you just let me ramble, will you? I know these people down here better maybe than you do—and if I should seem inclined to ramble, just let me go ahead and don't stop me, please?”
“Judge Priest,” said Durham tartly, “if you think it could possibly do any good, ramble all you like.”
“Much obliged,” said the old judge, and he struggled into his low-quarter shoes and stood up, dusting the tobacco fluff off himself.
“Herman have you got any loose change about you?”
Felsburg nodded and reached into his pocket. The judge made a discriminating selection of silver and bills from the handful that the merchant extended to him across the table.
“I'll take about ten dollars,” he said. “I didn't come down here with more than enough to jest about buy my railroad ticket and pay my bill at this here tavern, and I might want a sweetenin' dram or somethin'.”
He pouched his loan and crossed the room. “Boys,” he said, “I think I'll be knockin' round a little before I turn in. Herman, I may stop by your room a minute as I come back in. You boys better turn in early and git yourselves a good night's sleep. We are all liable to be purty tolerable busy tomorrow.”
After he was outside he put his head back in the door and said to Durham:
“Remember, son, I may ramble.”
Durham nodded shortly, being somewhat put out by the vagaries of a mind that could concern itself with trivial things on the imminent eve of a crisis.
As the judge creaked ponderously along the hall and down the stairs those he had left behind heard him whistling a tune to himself, making false starts at the air and halting often to correct his meter. It was an unknown tune to them all, but to Felsburg, the oldest of the four, it brought a vague, unplaced memory.
The old judge was whistling when he reached the street. He stood there a minute until he had mastered the time to his own satisfaction, and then, still whistling, he shuffled along the uneven board pavement, which, after rippling up and down like a broken-backed snake, dipped downward to a little railroad station at the foot of the street.
In the morning nearly half the town—the white half—came to the trial, and enough of the black half to put a dark hem, like a mourning border, across the back width of the courtroom. Except that Main Street now drowsed in the heat where yesterday it had buzzed, this day might have been the day before. Again the resolute woodpecker drove his bloodied head with unimpaired energy against the tin sheathing up above. It was his third summer for that same cupola and the tin was pocked with little dents for three feet up and down. The mourning doves still pitched their lamenting note back and forth across the courthouse yard; and in the dewberry patch at the bottom of Aunt Tilly Haslett's garden down by the creek the meadow larks strutted in buff and yellow, with crescent-shaped gorgets of black at their throats, like Old Continentals, sending their dear-piped warning of “Laziness g'wine kill you!” in at the open windows of the steamy, smelly courtroom.
The defense lost no time getting under headway. As his main witness Durham called the prisoner to testify in his own behalf. Tandy gave his version of the killing with a frankness and directness that would have carried conviction to auditors more even-minded in their sympathies. He had gone to Rankin's office in the hope of bringing on a peaceful settlement of their quarrel. Rankin had flared up; had cursed him and advanced on him, making threats. Both of them reached for their guns then. Rankin's was the first out, but he fired first—that was all there was to it. Gilliam shone at cross-examination; he went at Tandy savagely, taking hold like a snapping turtle and hanging on like one.
He made Tandy admit over and over again that he carried a pistol habitually. In a community where a third of the male adult population went armed this admission was nevertheless taken as plain evidence of a nature bloody-minded and desperate. It would have been just as bad for Tandy if he said he armed himself especially for his visit to Rankin—to these listeners that could have meant nothing else but a deliberate, murderous intention. Either way Gilliam had him, and he sweated in his eagerness to bring out the significance of the point. A sinister little murmuring sound,4 vibrant with menace, went purring from bench to bench when Tandy told about his pistol-carrying habit.
The cross-examination dragged along for hours. The recess for dinner interrupted it; then it went on again, Gilliam worrying at Tandy, goading at him, catching him up and twisting his words. Tandy would not be shaken, but twice under the manhandling he lost his temper and lashed back at Gilliam, which was precisely what Gilliam most desired. A flary fiery man, prone to violent outbursts—that was the inference he could draw from these blaze-ups.
It was getting on toward five o'clock before Gilliam finally let his bedeviled enemy quit the witness-stand and go back to his place between his wife and his lawyer. As for Durham, he had little more to offer. He called on Mr. Felsburg, and Mr. Felsburg gave Tandy a good name as man and boy in his home town. He called on Banker Quigley, who did the same thing in different words. For these character witnesses State's Attorney Gilliam had few questions. The case was as good as won now, he figured; he could taste already his victory over the famous lawyer from up North, and he was greedy to hurry it forward.
The hot round hub of a sun had wheeled low enough to dart its thin red spokes in through the westerly windows when Durham called his last witness. As Judge Priest settled himself solidly in the witness chair with the deliberation of age and the heft of flesh, the leveled rays caught him
