The Third Ghost Story Megapack
Page 28
“I remember how he looked in the dim moonlight as he drawled his quaint philosophy.
“‘I’m a man o’ peace, Mr. Johnny, and I learnt that from your mother—I learnt a heap o’ things from her,’ he added, presently, after a little period of reflection. ‘She was the lady as used always to have a kind word for me when I was a boy. That’s a heap to a boy. I used to think she was an angel. You think it’s you I’m a fightin’ for in this canvass? ’Tain’t. I like you well enough, but I ain’t never forgot your mother, and her kindness to my old people durin’ the war when I was away. She give me this handkerchief for a weddin’ present when I was married after the war—said ’twas all she had to give, and my wife thinks the world and all of it; won’t let me have it ’cept as a favor; but this mornin’ she told me to take it—said ’twould bring me luck.’ He took a big bandana out of his pocket and held it up in the moonlight. I remembered it as one of my father’s.
“‘She’ll make me give it up tomorrow night when I git home,’ he chuckled.
“We had turned into a road through the plantations, and had just come to the fork where Halloway’s road turned off toward his place.
“‘I lays a heap to your mother’s door—purty much all this, I reckon.’ His eye swept the moon-bathed scene before him. ‘But for her I mightn’t ’a got her. And ain’t a’ man in the world got a happier home, or as good a wife.’ He waved his hand toward the little homestead that was sleeping in the moonlight on the slope the other side of the stream, a picture of peace.
“His path went down a little slope, and mine kept along the side of the hill until it entered the woods. A great sycamore tree grew right in the fork, with its long, hoary arms extending over both roads, making a broad mass of shadow in the white moonlight.
“The next day was the day of election. Hal-loway was at one poll and I was at another; so I did not see him that day. But he sent me word that evening that he had carried his poll, and I rode home knowing that we should have peace.
“I was awakened next morning by the news that both Halloway and his wife had been murdered the night before. I at once galloped over to his place, and was one of the first to get there. It was a horrible sight. Halloway had evidently been waylaid and killed by a blow of an axe just as he was entering his yard gate, and then the door of the house had been broken open and his wife had been killed, after which Halloway’s body had been dragged into the house, and the house had been fired with the intention of making it appear that the house had burned by accident. But by one of those inscrutable fatalities, the fire, after burning half of two walls, had gone out.
“It was a terrible sight, and the room looked like a shambles. Halloway had plainly been caught unawares while leaning over his gate. The back of his head had been crushed in with the eye of an axe, and he had died instantly. The pleasant thought which was in his mind at the instant—perhaps, of the greeting that always awaited him on the click of his latch; perhaps, of his success that day; perhaps, of my mother’s kindness to him when he was a boy—was yet on his face, stamped there indelibly by the blow that killed him. There he lay, face upward, as the murderer had thrown him after bringing him in, stretched out his full length on the floor, with his quiet face upturned! looking in that throng of excited, awe-stricken men, just what he had said he was: a man of peace. His wife, on the other hand, wore a terrified look on her face. There had been a terrible struggle. She had lived to taste the bitterness of death, before it took her.”
Stokeman, with a little shiver, put his hand over his eyes as though to shut out the vision that recurred to him. After a long breath he began again.
“In a short time there was a great crowd there, white and black. The general mind flew at once to Absalom Turnell. The negroes present were as earnest in their denunciation as the whites; perhaps, more so, for the whites were past threatening. I knew from the grim-ness that trouble was brewing, and I felt that if Absalom were caught and any evidence were found on him, no power on earth could save him. A party rode off in search of him, and went to old Joel’s house. Neither Absalom nor Joel were there; they had not been home since the election, one of the women said.
“As a law officer of the county I was to a certain extent in charge at Halloway’s and in looking around for all the clews to be found, I came on a splinter of ‘light-wood’ not as large or as long as one’s little finger, stuck in a crack in the floor near the bed: a piece of a stick of ‘fat-pine,’ such as negroes often carry about, and use as tapers. One end had been burned; but the other end was clean and was jagged just as it had been broken off. There was a small scorched place on the planks on either side, and it was evident that this was one of the splinters that had been used in firing the house. I called a couple of the coolest, most level-headed men present and quietly showed them the spot, and they took the splinter out and I put it in my pocket.
“By one of those fortuitous chances which so often happen in every lawyer’s experience, and appear inexplicable, Old Joel Turnell walked up to the house just as we came out. He was as sympathetic as possible, appeared outraged at the crime, professed the highest regard for Halloway, and the deepest sorrow at his death. The sentiment of the crowd was rather one of sympathy with him, that he should have such a son as Absalom.
“I took the old man aside to have a talk with him, to find out where his son was and where he had been the night before. He was equally vehement in his declarations of his son’s innocence, and of professions of regard for Halloway. And suddenly to my astonishment he declared that his son had spent the night with him and had gone away after sunrise.
“Then happened one of those fatuous things that have led to the detection of so many negroes and can almost be counted on in their prosecution. Joel took a handkerchief out of his pocket and wiped his face, and as he did so I recognized the very handkerchief Halloway had shown me the night before. With the handkerchief, Joel drew out several splinters of light-wood, one of which had been broken off from a longer piece. I picked it up and it fitted exactly into the piece that had been stuck in the crack in the floor. At first, I could scarcely believe my own senses. Of course, it became my duty to have Joel arrested immediately. But I was afraid to have it done there, the crowd was so deeply incensed. So I called the two men to whom I had shown the light-wood splinter, told them the story, and they promised to get him away and arrest him quietly and take him safely to jail, which they did.
“Even then we did not exactly believe that the old man had any active complicity in the crime, and I was blamed for arresting the innocent old father and letting the guilty son escape. The son, however, was arrested shortly afterward.
“The circumstances from which the crime arose gave the case something of a political aspect, and the prisoners had the best counsel to be procured, both at our local bar and in the capital. The evidence was almost entirely circumstantial, and when I came to work it up I found, as often occurs, that although the case was plain enough on the outside, there were many difficulties in the way of fitting all the circumstances to prove the guilt of the accused and to make out every link in the chain. Particularly was this so in the prosecution of the young man, who was supposed to be the chief criminal, and in whose case there was a strong effort to prove an alibi.
“As I worked, I found to my surprise that the guilt of the old man, though based wholly on circumstantial evidence, was established more clearly than that of his son—not indeed, as to the murders, but as to the arson, which served just as well to convict on. The handkerchief, which Joel had not been able to resist the temptation to steal, and the splinter of light-wood in his pocket, which fitted exactly into that found in the house, together with other circumstances, proved his guilt conclusively. But although there was an equal moral certainty of the guilt of the young man, it was not so easy to establish it by law.
“Old Dick Winchester was found dead one morning and the alibi
was almost completely proved, and only failed by the incredibility of the witnesses for the defence. Old Joel persistently declared that Absalom was innocent, and but for a confession by Absalom of certain facts intended to shift the suspicion from himself to his father, I do not know how his case might have turned out.
“I believed him to be the instigator as well as the perpetrator of the crime.
“I threw myself into the contest, and prosecuted with all the vigor I was capable of. And I finally secured the conviction of both men. But it was after a hard fight. They were the only instances in which, representing the Commonwealth, I was ever conscious of strong personal feeling, and of a sense of personal triumph. The memory of my last ride with Hal-loway, and of the things he had said to me; the circumstances under which he and his wife were killed; the knowledge that in some sort it was on my account; and the bitter attacks made on me personally;(for in some quarters I was depicted as a bloodthirsty ruffian, and it was charged that I was for political reasons prosecuting men whom I personally knew to be innocent), all combined to spur me to my utmost effort. And when the verdicts were rendered, I was conscious of a sense of personal triumph so fierce as to shock me.
“Not that I did not absolutely believe in the guilt of both prisoners; for I considered that I had demonstrated it, and so did the jurors who tried them.
“The day of execution was set. An appeal was at once taken in both cases and a stay was granted, and I had to sustain the verdicts in the upper court. The fact that the evidence was entirely circumstantial had aroused great interest, and every lawyer in the State had his theory. The upper court affirmed in both cases and appeals were taken to the highest court, and again stay of execution was granted.
“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 was ordered.
“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.
“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, with a crowd streaming along behind them. It was the head of the procession. The sheriff and his men were riding, with set faces, in front and on both sides of a slowly moving vehicle; a common horse-cart in which in the midst of his guards, and 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. For many days afterwards, it clung to me, and I found myself unable to forget it, or to sleep as I had been used to do.
“The new trial of Absalom came on in time, and the fight was had all over again. It was longer than before, as every man in our county had an opinion, and a jury had to be brought from another county. But again the verdict was the same. And again an appeal was taken; was refused by the next higher court; and allowed by the highest; this time because a talesman had said he had expressed an opinion, but had not formed one. In time the appeal was heard once more, and after much delay, due to the number of cases on the docket and the immense labor of studying carefully so huge a record, it was decided. It was again reversed, on the technicality mentioned, and a new trial was ordered.
“That same day the court adjourned for the term.
“Having a bed-room adjoining my office, I spent that night in town. I did not go to sleep until late, and had not been asleep long when I was awakened by the continual repetition of a monotonous sound. At first I thought I was dreaming, but as I aroused it came to me distinctly: the sound of blows in the distance struck regularly. I awaked fully. The noise was in the direction of the jail. I dressed hastily and went down on the street. I stepped into the arms of a half-dozen masked men who quietly laid me on my back, blindfolded me and bound me so that I could not move. I threatened and struggled; but to no purpose, and finally gave it up and tried expostulation. They told me that they intended no harm to me; but that I was their prisoner and they meant to keep me. They had come for their man, they said, and they meant to have him. They were perfectly quiet and acted with the precision of old soldiers.
“All the time I could hear the blows at the jail as the mob pounded the iron door with sledges, and now and then a shout or cry from within.
“The blows were on the inner door, for the mob had quickly gained access to the outer corridor. They had come prepared and, stout as the door was, it could not resist long. Then one great roar went up and the blows ceased suddenly, and then one cry.
“In a little while I heard the regular tramp of men, and in a few minutes the column came up the street, marching like soldiers. There must have been five hundred of them. The prisoner was in the midst, bare-headed and walking between two mounted men, and was moaning and pleading and cursing by turns.
“I asked my captors if I might speak, and they gave me ten minutes. I stood up on the top step of the house, and for a few minutes I made what I consider to have been the best speech I ever made or shall make. I told them in closing that I should use all my powers to find out who they were, and if I could do so I should prosecute them, everyone, and try and have them hanged for murder.
“They heard me patiently, but without a word, and when I was through, one of the leaders made a short reply. They agreed with me about the law; but they felt that the way it was being used was such as to cause a failure of justice. They h
ad waited patiently, and were apparently no nearer seeing justice executed than in the beginning. So they proposed to take the law into their own hands. The remedy was, to do away with all but proper defences and execute the law without unreasonable delay.
“It was the first mob I had ever seen, and I experienced a sensation of utter powerlessness and insignificance; just as in a storm at sea, a hurricane, or a conflagration. The individual disappeared before the irresistible force.
“An order was given and the column moved on silently.
“A question arose among my guards as to what should be done with me.
“They wished to pledge me to return to my rooms and take no steps until morning, but I would give no pledges. So they took me along with them.
“From the time they started there was not a word except the orders of the leader and his lieutenants and the occasional outcry of the prisoner, who prayed and cursed by turns.
“They passed out of the village and turned in at Halloway’s place.
“Here the prisoner made his last struggle. The idea of being taken to Halloway’s place appeared to terrify him to desperation. He might as well have struggled against the powers of the Infinite. He said he would confess everything if they would not take him there. They said they did not want his confession. He gave up, and from this time was quiet; and he soon began to croon a sort of hymn.