The Code of the Mountains Part 1

The Code of the Mountains.

by Charles Neville Buck.

CHAPTER I

This morning the boy from the forks of Troublesome Creek had back his name once more. It was not a distinguished name, nor one to be flaunted in pride of race or achievement. On the contrary, it was a synonym for violent law-breaking and in the homely parlance of the c.u.mberland ridges, where certain infractions are condoned, it stood for "pizen meanness." Generations of Spooners before him had taken up the surname and carried it like runners in a relay race--often into evil ways. Many had laid down their lives and name with abruptness and violence.

When the pioneers first set their feet into the Wilderness trail out of Virginia, some left because the vague hinterland west of the ridges placed them "beyond the law's pursuing."

Tradition said that of the latter cla.s.s were the Spooners, but Newt Spooner had no occasion to probe the remote past for a record of turpitude. It lay before him inscribed in a round clerical hand on the ledger which the warden of the Frankfort Penitentiary was just closing.

Though the Governor's clemency had expunged the red charge of murder set against his name at the tender age of eighteen, there was another record which the Governor could not erase. A sunken grave bore testimony in a steep mountainside burial-ground back in "b.l.o.o.d.y Breathitt," where dead weed stalks rattled and tangled ropes of fox-grapes bore their fruit in due season.

However, even the name of Newt Spooner is a better thing than the Number 813, which for two years had been his designation within those gray and fortressed walls along whose tops sentry-boxes punctuated the angles.

This morning he wore a suit of black clothes, the gift of the commonwealth, and his eyes were fixed rather avidly on a five-dollar note which the warden held tightly between his thumb and forefinger.

Newt knew that the bill, too, was to be his. Yet the warden seemed needlessly deliberate in making the presentation. That functionary intended first to have something to say; something meant in all kindliness, but as Newt waited, shifting his bulk uneasily from foot to foot, his narrowed eyes traveled with restlessness, and his thin lips clamped themselves into a line indicative of neither grat.i.tude nor penitence. The convict's thoughts for two years had been circling with uncomplicated directness about one focus. Newt Spooner had a fixed idea.

The office of the warden was not a cheery place. Its walls and desk and key-racks spoke suggestively of the business administered there. The warden tilted back in his swivel chair, and gazed at the forgiven, but unforgiving prisoner.

"Spooner," he began in that tone which all homilies have in common; "Spooner, you have been luckier than you had any reason to expect. It's up to you to see that I don't get you back here again."

He gazed sternly at the boy, for he was still a boy, despite the chalky and aged pallor of his face, despite the tight-clenched line of the thin lips, despite the stooping and emaciated shoulders. The Kentucky mountaineer withers into quick decay between prison walls, and, unless appearances were deceitful, this one was already being beckoned to by the specter of tuberculosis.

"You have been pardoned and restored to all civil rights by the Governor," went on the official. "Your youth and ill health appealed to some ladies who went through the prison. You are the youngest homicide we have here. They interceded because you were only an ignorant kid when you were drawn into this murder conspiracy."

Newt's eyes blazed evilly at the words, but he only clamped his mouth tighter. He would not have called it a murder conspiracy. To him it was merely "killin' a feller that needed killin'." "Since," continued the warden quietly, "you were full of white liquor, and since you had never had a chance to know much anyhow, those ladies got busy, and you have another chance. You ought to feel very grateful to them. It's up to you to prove that the experiment was worth the risk it involves--the risk of turning an a.s.sa.s.sin loose on society."

The boy from Troublesome said nothing. From his thin chest came a deep, racking cough. He spat on the floor, and wondered how long this man would hold back the five-dollar bill and prolong the interview.

"Well?" The warden's voice was impatient. "Don't you hear me talking to you? Haven't you got any sense of decent grat.i.tude?"

A fiercely baleful wrath shot instinctively through Newt's gray hawk-like eyes and smoldered in their deep sockets, but there still was need to leash his anger--and conceal his purpose.

"I'm obleeged ter ye," he answered in a dead voice of mock humility, though his tongue ached to burst into profane denunciation, "but I hain't axed n.o.body ter do nothin'. I didn't 'low ter be beholden ter n.o.body."

"You are 'beholden' to everybody who has befriended you," retorted the warden with rising asperity. "Do you mean to go back to the mountains?"

At once there leaped into the released convict's mind a vision of being spied upon and thwarted in his purpose--a purpose which the law could not countenance. To cover his anger he fell into a fit of violent coughing, and, when he answered, it was with the crafty semblance of indecision.

"I 'lowed I mout go back an' see my kinfolks fer a spell."

"And after that?"

"I 'lowed," lied Spooner cautiously, "thet atter thet I'd go West."

"Now take a tip from me," commanded the warden, and, since he still held the five-dollar bill, the boy from Troublesome was forced to accord unwilling attention. "Every mountain man that goes away drifts eventually back to the mountains. G.o.d knows why they do it, but they do.

You have just one chance of salvation. I had that in mind when I spoke to the Governor and asked him to include in your pardon a restoration of civil rights. If you get well enough to stand the physical examination, enlist in the army. Once in, you'll have to stay three years--and in three years a fellow can do a lot of thinking. It may make a man of you.

If you don't take that tip I'll have you back here again--as sure as G.o.d made you--unless you get hanged instead."

The warden extended his hand containing the provision with which the commonwealth of Kentucky invited this human brandling to rehabilitate his life. The mountaineer bent eagerly forward and clutched at the money with a wolfish haste of greed. Ten minutes later the prison gates swung outward.

The Frankfort Penitentiary sits on a hill looking down to a ragged town which straddles the Kentucky River. In the basin below somnolent streets spread away and lose themselves in glistening turnpikes between bluegra.s.s farms where velvet lawns and shaded woodlands surround old mansions that mirror the charm and flavor of rural England. The state capital is a large village rather than a city, but to this boy who had known only the wild isolation of the c.u.mberlands, where sky-high ramparts have caught and arrested human development, Frankfort seemed a baffling metropolis. In the lumber-yards and distilleries that cluttered the steep river banks he saw only bewilderment and in the dome of the capitol the symbol of a power that had jailed him; that except for his youth would have hanged him.

One thing only he saw which struck a note of the nostalgic and brought a catch to his throat. That river had its headwaters in his own country.

One branch flowed through his own county seat, and those k.n.o.bs that hugged its banks and framed the straggling town under the singing June skies, were the little cousins of the mountains where his forefathers had lived their lives and fought their battles for a hundred years.

If he followed them long enough, they would mount from k.n.o.bs to foothills and from foothills to peaks. The metaled turnpikes would dwindle and end in clay roads. These roads would in time give way to rougher trails, rock-strewn and licked by the little, whispering waters that make rivers, and he would travel by creek-bed ways over which wagons, if they go at all, must strain their axles and where men ride mules with their luggage in saddle-bags. There forests of age-old oaks and spruce, pines and poplars and hickory and ash would troop down and smother in the hillsides, and the rhododendron would be in bloom just now. The laurel bushes would be all a-glisten and the elder tops would be tossing sprays of foam-like blossom between towering sentinels of rock.

But the beauties of the rugged home country had for him another meaning.

At the roots of the laurel a man can crouch unseen with his rifle cradled against his shoulder to "lay-way" an enemy who has over-lived his time.

When he had a certain man in rifle-range, the rest would be elementally simple. He had spent more than two years thinking of that and evolving every needful plan in detail. There was now no need of haste. After all this thinking he could afford to consult his leisure and enjoy the pleasures of antic.i.p.ation. When once the deed was done, as the warder had reminded him, there was the probable shadow of the gallows. But it should be said for the late Number 813 that in his reflections was no germ of vacillation or indecision. His one definite motive in life was what he deemed just reprisal. He was willing to pay for that without haggling over the cost, but he was not willing to defeat his end by hasty incaution.

He had been in prison over two years and was still very weak. He recognized with contempt the tremor of his hand. Once that hand had been so steady that all his squirrels fell from the hickories pierced through the head. It would be a little time before he could again command that nicety of rifle-craft. But now he must get home and home lay about a hundred and fifteen miles "over yon." He could reach Jackson by rail, but that would cost money, and there was ammunition to be bought and other matters of importance, and his capital was precisely five dollars.

Besides, railroad trains were luxurious and effete; they were not for him. He would "jest natcherly take his foot in his hand and light out"--pausing only for a little "snack" to eat and a flask to cheer his journey.

He made his way slowly down into the center of the town: a town which had come to recognize at a glance these prison-given suits of black; these faces pasty with the pallor of confinement; this shamble fathered by the slouchy swing of the lock-step. For the June morning when No. 813 became again Newt Spooner was in the year 1897, and the ancient rigors of prison life still held.

Eyes turned curiously on the shambling derelict, but the only expression on Newt's face was one of surly defiance to the world. The only sentiment that stirred in his breast was such as might have brooded in the narrow and poisoned brain of a rattle-snake, lying close-coiled by the laurel roots along his native creek-beds.

Prisons are to reform and teach lessons of law. Newt Spooner had been in prison and was now out. He had already known how to hate, but now he knew how to hate with a greater tensity. Also, he had learned to cloak his animosity behind a craftier concealment.

He had grown up as a cub among wolf-like men, running with the pack.

From his mother's shrunken breast he had drawn bitterness toward his foes and "meanness."

He remembered his boyhood surprise at the shocked face of the circuit rider when his father had laconically announced: "Stranger, thet thar boy's done drunk licker sence he was a baby. We weaned him on hit. Hit's good licker, 'cause we made hit ourselves--an' we hain't paid no d.a.m.n'

Gov'ment tax on hit, neither." But before him no Spooner had worn felon stripes, though many had been felons. That he had done so branded him with disgrace, and until he should remove that stigma by punishing the witness upon whose sworn word his conviction had been based, he must face the scorn of the battle-scarred members of the man-pack that still ranged free. So, as Newt Spooner turned his face homeward between sunny pasture lands and soft woodlands and golden grain fields and set his feet into the Lexington turnpike, young Henry Falkins became a man marked down for death.

CHAPTER II

Courts can not enforce laws upon which public opinion sets its embargo.

The men of the mountains have lived isolated lives for a hundred years.

They inhabit an island of medievalism entirely surrounded by civilization, but the civilization is no more a part of them than the water that surrounds an island is part of the island. "Leave us alone"

has been the word of the hills to the gift-bearing Greeks of innovation.

The right of men to settle their own quarrels after the method of the Scottish clans from whom they sprang, has been a thing which local courts have made only perfunctory efforts to deny--and which juries of the vicinage stubbornly refused to deny. Among their crude cabins one still hears phrases bequeathed by word of mouth from the England of Elizabeth and the Scotland of Mary Stuart. Immured behind their walls of sandstone, they have lived ignorantly--and fiercely.

Their peaks are heaped against the skies, and their fields are tilled with the hoe when mules and plows might fall down to destruction. With nature itself they pursue a constant and desperate quarrel for subsistence, and through generations of battle they have grown morose and sullen and vengeful and have lost all sense of life's humor.

But slowly the tide of outside influence is creeping in upon them and at the contact-points strangely anomalous conditions arise: the clash of incongruous centuries; the war between a stubborn old order and an inevitable new. In such a life there are here and there far-sighted men who, standing like great trees among stunted brethren, look out across a wider perspective with a surer vision.

The house of McAllister Falkins stands twenty miles from a railroad and is, for this crude environment, a mansion. It was built in the days when the first tide of pioneer life swept out of Virginia, and because it was, in that remote day, nearer kin to the culture of the Old Dominion than to the wilderness, it bore a strange blending of compromises between luxury and the exigency of the frontier.