A Forest Hearth: A Romance of Indiana in the Thirties Part 15

"We'll get the truth out of this fellow on cross-examination," whispered Mr. Switzer to his client.

"Be careful not to get too much truth out of him," returned Dic.

Patsy began his story.

"Well, me and D-Doug was a-g-a-goin' up the west b-bank of B-Blue when we seed--"

_State's Attorney._--"Never mind what you saw at that time. Answer my question. I asked you to tell all you saw and heard during the fight."

_Answer._--"I-I w-will if you'll l-let me. J-jest you keep still a minute and l-l-let me t-talk. I-I c-can't t-t-talk very well anyway.

C-can't talk near as well as you. B-but I can say a he-heap more.

Whe-whe-when you talk so much, ye-ye-you g-get me to st-st-st-stuttering.

S-see? Now listen to that."

_State's Attorney._--"Well, go on."

_Answer._--"Well, we seed Dic and Rita Bays, p-prettiest girl in the h-h-whole world, on the op-opposite side of the river, and he wa-wa-was a-kissin' her."

_State's Attorney._--"Never mind that, but go ahead. Tell it your own way."

"I object," interposed Mr. Switzer. "The witness must confine himself to the State's question."

"Confine your answer to the question, Mr. Clark," commanded the Court.

Patsy was growing angry, confused, and frightened.

_State's Attorney._--"Go on. Tell your story, can't you?"

_Answer._--"Well, Doug, he hollered across the river and said he-he wa-wa-wanted one hisself and would g-g-go over after it."

_State's Attorney._--"Did you not understand my question? What did you see and hear? What occurred during the fight?"

_Answer._--"Well, g-good L-L-Lord! a-ain't I tryin' to t-tell ye? When we crossed the river and g-got to the step-off, Rita and D-Dic had went away and D-Doug and me st-started after 'em down the path toward B-Bays's. When we g-got up t-to 'em D-Doug he says, says 'ee, 'I-I've come for my k-kiss,' says 'ee, jes' that-a-way. 'Ye wo-won't get none,'

says Rita, says she, jes' that-a-way, and D-Dic he p-puts in and says, says 'ee, 'I-I g-guess not,' says 'ee, jes' that-a-way. Then Doug he-he puts his gun agin' a gum tree and g-grabs Rita about the wa-waist, hugging her up to him ti-tight-like. Then he-he push her head back-like, so's 'ee c-could get at her mouth, and then Dic he-he ups and knocks him d-down. Then D-Doug he-he gets up quick-like and they clinches and falls, and D-Doug on top. Then Doug he-he says, says 'ee to me, 'G-Give me your n-knife, Patsy,' jes' that-a-way, and I ups and gives him my knife, but he d-drops it and some way D-Dic he throws Doug o-off and gets up, and Doug he picks up the knife and st-starts for Dic, lookin'

wilder 'en h.e.l.l. Jes' then Rita she ups with D-Doug's gun and shoots him right through. He-he trembled-like for a minute and his knees shuk and he shivered all over and turned white about the mouth like he was awful sick, and then he d-dropped on his face, shot through and through."

The confusion in the courtroom had been growing since the beginning of Patsy's story, and by the time he had finished it broke into an uproar.

The judge called "Order," and the sheriff rose to quiet the audience.

_State's Attorney._--"Do you mean to say, Mr. Clark, that Rita Bays fired the shot that wounded Douglas Hill?"

Douglas, you remember, had just sworn that Dic fired the shot.

_Answer._--"Yes, sir, you betch yur life that's jes' the way w-w-what I mean to say."

_State's Attorney._--"Now, Mr. Clark, I'll ask you if you did not tell me and many other citizens of this community that the defendant, Dic Bright, fired the shot?"

"I object," cried Mr. Switzer. "The gentleman cannot impeach his own witness."

"You are right, Mr. Switzer," answered the Court, "unless on the ground of surprise; but I overrule your objection. Proceed, Mr. State's Attorney."

"Answer my question," said that official to Patsy.

_Answer._--"Yes, sir, I-I d-did tell you, and lots of other folks, too, that D-Dic shot Doug Hill."

Question.--"Then, sir, how do you reconcile those statements with the one you have just made?"

Answer.--"Don't try to re-re-re-reconcile 'em. Can't. I-I wa-wa-was talkin' then. I'm sw-sw-swearin' now."

Dic sprang to his feet, exclaiming:--

"If the Court please, I wish to enter a plea of guilty to the charge against me."

"Your plea will not be accepted," answered the Court. "I am beginning to see the cause for the defendant's peculiar behavior in this case. Mr.

Sheriff, please subpoena Miss Rita Bays."

Dic broke down, and buried his face in his folded arms on the table.

The sheriff started to fetch Rita, but met her near the courthouse and returned with her to the courtroom. She was directed to take the witness stand, which she did as calmly as if she were taking a seat at her father's dinner table; and her story, told in soft, clear tones, confirmed Patsy in all essential details.

Mr. Switzer objected to the questions put to her by the Court on the ground that she could not be compelled to give evidence that would incriminate herself. The judge admitted the validity of Mr. Switzer's objection; but after a moment spent in private consultation with the State's attorney, he said:--

"The State and the Court pledge themselves that no prosecution will be inst.i.tuted against Miss Bays in case her answers disclose the fact that she shot Doug Hill."

After Rita had told her story the judge said: "Miss Bays, you did right.

You are a strong, n.o.ble girl, and the man who gets you for a wife will be blessed of G.o.d."

Rita blushed and looked toward Dic, as if to say, "You hear what the judge says?" But Dic had heard, and thought the judge wise and excellent to a degree seldom, if ever, equalled among men.

The judge then instructed the jury to return a verdict of not guilty, and within five minutes Dic was a free and happy man. Billy Little did not seem to be happy; for he, beyond a doubt, was crying, though he said he had a bad cold and that colds always made his eyes water. He started to sing Maxwelton's braes in open court, but remembered himself in time, and sang mentally.

Mrs. Bays had followed Rita; and when the girl and Dic emerged from the courthouse door, the high court of the Chief Justice seized its daughter and whisked her off without so much as giving her an opportunity to say a word of farewell. Rita looked back to Dic, but she was in the hands of the high court, which was a tribunal differing widely from the _nisi prius_ organization she had just left, and by no means to be trifled with.

Dic stopped for dinner at the inn with Billy Little, and told him that Mrs. Bays refused her consent.

"Did you expect anything else?" asked Billy.

"Yes, I did," answered Dic.

"Even Rita will be valued more highly if you encounter difficulties in getting her," replied his friend.

"I certainly value her highly enough as it is," said Dic, "and Mrs.

Bays's opposition surprises me a little. I know quite as well as she--better, perhaps--that I am not worthy of Rita. No man is. But I am not lazy. I would be willing to die working for her. I am not very good; neither am I very bad. She will make me good, and I don't see that any one else around here has anything better to offer her. The truth is, Rita deserves a rich man from the city, who can give her a fine house, servants, and carriages. It is a shame, Billy Little, to hide such beauty as Rita's under a log-cabin's roof in the woods."

"I quite agree with you," was Billy's unexpected reply. "But I don't see any chance for her catching that sort of a man unless her father goes in business with Fisher at Indianapolis. Even there the field is not broad.

She might, if she lived at Indianapolis, meet a stranger from Cincinnati, St. Louis, or the East, and might marry the house, carriages, and servants. I understand Bays--perhaps I should say Mrs.

Bays--contemplates making the move, and probably you had better withdraw your claim and give the girl a chance."

Dic looked doubtingly at his little friend and said, "I think I shall not withdraw."