His "Day In Court" Part 5

Once more she held out her arms.

There was a step in the inner shed-room; then silence.

"Ye hain't got no excuse," the soft voice urged; "ye know jes how I feel, how ye'd hev felt, whenst Abs'lom war a baby."

The shawl had fallen back from her tender face; her eyes glowed, her cheek was softly flushed. A sudden terror thrilled through her as she again heard the heavy step approaching in the shed-room. "Whenst Abs'lom war a baby," she reiterated, her whole pleading heart in the tones.

A sudden radiance seemed to illumine the sad, dun-colored folds of the encompa.s.sing cloud; her face shone with a transfiguring happiness, for the hustling old crone had handed out to her a warm, somnolent bundle, and the shutter closed upon the mists with a bang.

"The wind's riz powerful suddint," Peter said, noticing the noise as he came stumbling in, rubbing his eyes. He went and fastened the shutter, while his mother tremulously mended the fire.

The absence of the baby was not noticed for some time, and when the father's hasty and angry questions elicited the reluctant facts, the outcry for his loss was hardly less bitter among the Kittredges than among the Quimbeys. The fugitives were shielded from capture by the enveloping mist, and when Absalom returned from the search he could do naught but indignantly upbraid his mother.

[Ill.u.s.tration: Flung her ap.r.o.n over her head 133]

She was terrified by her own deed, and cowered under Absalom's wrath. It was in a moral collapse, she felt, that she could have done this thing. She flung her ap.r.o.n over her head, and sat still and silent--a monumental figure--among them. Once, roused by Absalom's reproaches, she made some effort to defend and exculpate herself, speaking from behind the enveloping ap.r.o.n.

"I ain't born no Kittredge nohow," she irrelevantly a.s.severated, "an'

I never war. An' when Eveliny axed me how I'd hev liked ter hev another 'oman take Abs'lom whenst he war a baby, I couldn't hold out no longer."

"Shucks!" cried Absalom, unfilially; "ye'd aheap better be a-studyin'

'bout'n my good now 'n whenst I war a baby--a-givin' away _my_ child ter them Quimbeys; a-h'istin' him out'n the winder!"

She was glad to retort that he was "impident," and to take refuge in an aggrieved silence, as many another mother has done when outmatched by logic.

After this there was more cheerfulness in her hidden face than might have been argued from her port of important sorrow. "Bes' ter hev no jawin', though," she said to herself, as she sat thus inscrutably veiled. And deep in her repentant heart she was contradictorily glad that Evelina and the baby were safe together down in the Cove.

Old Joel Quimbey, putting on his spectacles, with a look of keenest curiosity, to read a paper which the deputy-sheriff of the county presented when he drew rein by the wood-pile one afternoon some three weeks later, had some difficulty in identifying a certain Elnathan Daniel Kittredge specified therein. He took off his spectacles, rubbed them smartly, and put them on again. The writing was unchanged. Surely it must mean the baby. That was the only Kittredge whose body they could be summoned to produce on the 24th of December before the judge of the circuit court, now in session. He turned the paper about and looked at it, his natural interest as a man augmented by his recognition as an ex-magistrate of its high important legal character.

"Eveliny," he quavered, at once flattered and furious, "dad-burned ef Abs'lom hain't gone an' got out a _habeas corpus_ fur the baby!"

The phrase had a sound so deadly that there was much ado to satisfactorily explain the writ and its functions to Evelina, who had felt at ease again since the baby was at home, and so effectually guarded that to kidnap him was necessarily to murder two or three of the vigilant and stalwart Quimbey men. So much joy did it afford the old man to air his learning and consult his code--a relic of his justiceship--that he belittled the danger of losing the said Elnathan Daniel Kittredge in the interest with which he looked forward to the day for him to be produced before the court.

There was a gathering of the clans on that day. Quimbeys and Kittredges who had not visited the town for twenty years were jogging thither betimes that morning on the red clay roads, all unimpeded by the deep mud which, frozen into stiff ruts and ridges here and there, made the way hazardous to the running-gear. The lagging winter had come, and the ground was half covered with a light fall of snow.

The windows of the court-house were white with frost; the weighted doors clanged continuously. An old codger, slowly ascending the steps, and pushing into the semi-obscurity of the hall, paused as the door slammed behind him, stared at the sheriff in surprise, then fixed him with a bantering leer. The light that slanted through the open court-room door fell upon the official's burly figure, his long red beard, his big broad-brimmed hat pushed back from his laughing red face, consciously ludicrous and abashed just now.

"Hev ye made a find?" demanded the newcomer.

For in the strong arms of the law sat, bolt-upright, Elnathan Daniel Kittredge, his yellow head actively turning about, his face decorated with a grin, and on most congenial terms with the sheriff.

"They're lawin' 'bout'n him in thar "--the sheriff jerked his thumb toward the door. "_Habeas corpus_ perceedin's. Dun no ez I ever see a friskier leetle cuss. Durned ef I 'ain't got a good mind ter run off with him myself."

The said Elnathan Daniel Kittredge once more squirmed round and settled himself comfortably in the hollow of the sheriff's elbow, who marvelled to find himself so deft in holding him, for it was twenty years since his son--a gawky youth who now affected the company at the saloon, and was none too filial--was the age and about the build of this infant Kittredge.

"They hed a reg'lar scrimmage hyar in the hall--them fool men--Quimbey an' Kittredge. Old man Quimbey said suthin' ter Abs'lom Kittredge--I dunno what all. Abs'lom never jawed back none. He jes made a dart an'

s.n.a.t.c.hed this hyar leetle critter out'n his mother's arms, stiddier waitin' fur the law, what he summonsed himself. Blest ef I didn't hev ter hold my revolver ter his head, an' then crack him over the knuckles, ter make him let go the child. I didn't want ter arrest him--mighty clever boy, Abs'lom Kittredge! I promised that young woman I'd keep holt o' the child till the law gins its say-so. I feel sorry fur her; she's been through a heap."

"Waal, ye look mighty pritty, totin' him around hyar," his friend encouraged him with a grin. "I'll say that fur ye--ye look mighty pritty."

And in fact the merriment in the hall at the sheriff's expense began to grow so exhilarating as to make him feel that the proceedings within were too interesting to lose. His broad red face with its big red beard reappeared in the doorway--slightly embarra.s.sed because of the sprightly manners of his charge, who challenged to mirth every eye that glanced at him by his toothful grin and his gurgles and bounces; he was evidently enjoying the excitement and his conspicuous position. He manfully gnawed at his corn-dodger from time to time, and from the manner in which he fraternized with his new acquaintance, the sheriff, he seemed old enough to dispense with maternal care, and, but for his incomplete methods of locomotion, able to knock about town with the boys. The Quimbeys took note of his mature demeanor with sinking hearts; they looked anxiously at the judge, wondering if he had ever before seen such precocity--anything so young to be so old: "He 'ain't never afore 'peared so survigrus--so _durned survigrus_ ez he do ter-day," they whispered to each other.

"Yes, sir," his father was saying, on examination, "year old. Eats anything he kin git--cabbage an' fat meat an' anything. _Could_ walk if he wanted ter. But he 'ain't been raised right"--he glanced at his wife to observe the effect of this statement. He felt a pang as he noted her pensive, downcast face, all tremulous and agitated, overwhelmed as she was by the crowd and the infinite moment of the decision. But Absalom, too, had his griefs, and they expressed themselves perversely.

"He hev been pompered an' fattened by bein' let ter eat an' sleep so much, till he be so heavy ter his self he don't wanter take the trouble ter get about. He _could_ walk ennywhar. He's plumb survigrus."

And as if in confirmation, the youthful Kittredge lifted his voice to display his lung power. He hilariously babbled, and suddenly roared out a stentorian whoop, elicited by nothing in particular, then caught the sheriff's beard, and buried in it his conscious pink face.

The judge looked gravely up over his spectacles. He had a bronzed complexion, a serious, pondering expression, a bald head, and a gray beard. He wore a black broadcloth suit, somewhat old-fashioned in cut, and his black velvet waist-coat had suffered an eruption of tiny red satin spots. He had great respect for judicial decorums, and no Kittredge, however youthful, or survigrus, or exalted in importance by _habeas corpus_ proceedings, could "holler" unmolested where he presided.

"Mr. Sheriff," he said, solemnly, "remove that child from the presence of the court."

And the said Elnathan Daniel Kittredge went out gleefully kicking in the arms of the law.

The hundred or so grinning faces in the courtroom relapsed quickly into gravity and excited interest. The rows of jeans-clad countrymen seated upon the long benches on either side of the bar leaned forward with intent att.i.tudes. For this was a rich feast of local gossip, such as had not been so bountifully spread within their recollection. All the ancient Quimbey and Kittredge feuds contrived to be detailed anew in offering to the judge reasons why father or mother was the more fit custodian of the child in litigation.

As Absalom sat listening to all this, his eyes were suddenly arrested by his wife's face--half draped it was, half shadowed by her sun-bonnet, its fine and delicate profile distinctly outlined against the crystalline and frosted pane of the window near which she sat. The snow without threw a white reflection upon it; its rich coloring in contrast was the more intense; it was very pensive, with the heavy lids drooping over the l.u.s.trous eyes, and with a pathetic appeal in its expression.

And suddenly his thoughts wandered far afield. He wondered that it had come to this; that she could have misunderstood him so; that he had thought her hard and perverse and unforgiving. His heart was all at once melting within him; somehow he was reminded how slight a thing she was, and how strong was the power that nerved her slender hand to drag his heavy weight, in his dead and helpless unconsciousness, down to the bars and into the safety of the sheltering laurel that night, when he lay wounded and bleeding under the lighted window of the cabin in the Cove.

A deep tenderness, an irresistible yearning had come upon him; he was about to rise, he was about to speak he knew not what, when suddenly her face was irradiated as one who sees a blessed vision; a happy light sprang into her eyes; her lips curved with a smile; the quick tears dropped one by one on her hands, nervously clasping and unclasping each other. He was bewildered for a moment. Then he heard Peter gruffly growling a half-whispered curse, and the voice of the judge, in the exercise of his discretion, methodically droning out his reasons for leaving so young a child in the custody of its mother, disregarding the paramount rights of the father. The judge concluded by dispa.s.sionately recommending the young couple to betake themselves home, and to try to live in peace together, or, at any rate, like sane people. Then he thrust his spectacles up on his forehead, drew a long sigh of dismissal, and said, with a freshened look of interest, "Mr. Clerk, call the next case."

The Quimbey and Kittredge factions poured into the hall; what cared they for the disputed claims of Jenkins _versus_ Jones? The lovers of sensation cherished a hope that there might be a lawless effort to rescue the infant Kittredge from the custody to which he had been committed by the court. The Quimbeys watchfully kept about him in a close squad, his pink sun-bonnet, in which his head was eclipsed, visible among their brawny jeans shoulders, as his mother carried him in her arms. The sheriff looked smilingly after him from the court-house steps, then inhaled a long breath, and began to roar out to the icy air the name of a witness wanted within. Instead of a gate there was a flight of steps on each side of the fence, surmounted by a small platform. Evelina suddenly shrank back as she stood on the platform, for beside the fence Absalom was waiting. Timothy hastily vaulted over the fence, drew his "shooting-iron" from his boot-leg, and c.o.c.ked it with a metallic click, sharp and peremptory in the keen wintry air. For a moment Absalom said not a word. He looked up at Evelina with as much reproach as bitterness in his dark eyes. They were bright with the anger that fired his blood; it was hot in his bronzed cheek; it quivered in his hands. The dry and cold atmosphere amplified the graces of his long curling yellow hair that she and his mother loved. His hat was pushed back from his face. He had not spoken to her since the day of his ill-starred confidence, but he would not be denied now.

"Ye'll repent it," he said, threateningly. "I'll take special pains fur that."

She bestowed on him one defiant glance, and laughed--a bitter little laugh. "Ye air ekal ter it; ye have a special gift fur makin' folks repent they ever seen ye."

"The jedge jes gin him ter ye 'kase ye made him out sech a fibble little pusson," he sneered. "But it's jes fur a time."

She held the baby closer. He busied himself in taking off his sun-bonnet and putting it on hind part before, gurgling with smothered laughter to find himself thus queerly masked, and he made futile efforts to play "peep-eye" with anybody jovially disposed in the crowd. But they were all gravely absorbed in the conjugal quarrel at which they were privileged to a.s.sist.

"It's jes fur a time," he reiterated.

"Wait an' see!" she retorted, triumphantly.

"I won't wait," he declared, goaded; "I'll take him yit; an' when I do I'll clar out'n the State o' Tennessee--see ef I don't!"

She turned white and trembled. "Ye da.s.sent," she cried out shrilly.

"Ye'll be 'feared o' the law."

"Wait an' see!" He mockingly echoed her words, and turned in his old confident manner, and strode out of the crowd.

Faint and trembling, she crept into the old canvas-covered wagon, and as it jogged along down the road stiff with its frozen ruts and ever nearing the mountains, she clasped the cheerful Kittredge with a yearning sense of loss, and declared that the judge had made him no safer than before. It was in vain that her father, speaking from the legal lore of the code, detailed the contempt of court that the Kittredges would commit should they undertake to interfere with the judicial decision--it might be even considered kidnapping.

"But what good would that do me--an' the baby whisked plumb out'n the State? Ef Abs'lom ain't 'feared o' Tim's rifle, what's he goin' ter keer fur the pore jedge with nare weepon but his leetle contempt o'

court--ter jail Abs'lom, ef he kin make out ter ketch him!"