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Chapter 9

Meanwhile, unaware of her husband's sudden relapse to her old border principles and of the visit that had induced it, Mrs. McKinstry was slowly returning from a lugubrious recital of her moods and feelings at the parson's. As she crossed the barren flat and reached the wooded upland midway between the school-house and the ranch, she saw before her the old familiar figure of Seth Davis lounging on the trail. In her habitual loyalty to her husband's feuds she would probably have stalked defiantly past him, notwithstanding her late regrets of the broken engagement, but Seth began to advance awkwardly towards her. In fact, he had noticed the tall, gaunt, plaid-shawled and holland-bonneted figure approaching, and had waited for it.

As he seemed intent upon getting in her way she stopped and raised her right hand warningly before her. In spite of the shawl and the sun-bonnet, suffering had implanted a rude Runic dignity to her attitude. "Words that hev to be took back, Seth Davis," she said hastily, "hev passed between you and my man. Out of my way, then, that I may pass, too."

"Not much betwixt you and me, Aunt Rachel," he said with slouching deprecation, using the old household title by which he had familiarly known her. "I've nothin agin you--and I kin prove it by wot I'm yer to say. And I ain't trucklin' to yer for myself, for ez far ez me and your'n ez concerned," he continued, with a malevolent glance, "thar ain't gold enough in Caleforny to mak the weddin' ring that could hitch me and Cress together. I want to tell you that you're bein' played; that you're bein' befooled and bamboozled and honey-fogled. Thet while you're groanin' at class-meetin' and Hiram's quo'llin' with Dad, and Joe Masters waitin' round to pick up any bone that's throwed him, that sneakin', hypocritical Yankee school-master is draggin' your daughter to h-ll with him on the sly."

"Quit that, Seth Davis," said Mrs. McKinstry sternly, "or be man enough to tell it to a man. That's Hiram's business to know."

"And what if he knows it well enough and winks at it? What if he's willin' enough to truckle to it, to curry favor with them sneakin' Yanks?" said Seth malignantly.

A spasm of savage conviction seized Mrs. McKinstry. But it was more from her jealous fears of her husband's disloyalty than concern for her daughter's transgression. Nevertheless, she said desperately, "It's a lie. Where are your proofs?"

"Proofs?" returned Seth. "Who is it sneaks around the school-house to have private talks with the school-master, and edges him on with Cressy afore folks? Your husband. Who goes sneakin' off every arternoon with that same cantin' hound of a school-master? Your daughter. Who's been carryin' on together, and hidin' thick enough to be ridden out on a rail together? Your daughter and the school-master. Proofs?--ask anybody. Ask the children. Look yar--you, Johnny--come here."

He had suddenly directed his voice to a blackberry bush near the trail, from which the curly head of Johnny Filgee had just appeared. That home-returning infant painfully disengaged himself, his slate, his books, and his small dinner-pail half filled with fruit as immature as himself, and came towards them sideways.

"Yer's a dime, Johnny, to git some candy," said Seth, endeavoring to distort his passion-set face into a smile.

Johnny Filgee's small, berry-stained palm promptly closed over the coin.

"Now, don't lie. Where's Cressy?"

"Kithin' her bo."

"Good boy. What bo?"

Johnny hesitated. He had once seen the school-master and Cressy together; he had heard it whispered by the other children that they loved each other. But looking at Seth and Mrs. McKinstry he felt that something more tremendous than this stupid fact was required of him for grown-up people, and being honest and imaginative, he determined that it should be worth the money.

"Speak up, Johnny, don't be afeard to tell."

Johnny was not "afeard"--he was only thinking. He had it! He remembered that he had just seen his paragon, the brilliant Stacey, coming from the boundary woods. What more poetical and startlingly effective than to connect him with Cressy? He replied promptly:--

"Mithter Thtathy. He gived her a watch and ring of truly gold. Goin' to be married at Thacramento."

"You lyin' limb," said Seth, seizing him roughly. But Mrs. McKinstry interposed.

"Let that brat go," she said with gleaming eyes. "I want to talk to you." Seth released Johnny. "It's a trick," he said, "he's bin put up to it by that Ford."

But Johnny, after securing a safe vantage behind the blackberry bush, determined to give them another trial--with facts.

"I know mor'n that," he called out.

"Git--you measly pup," said Seth savagely.

"I know Theriff Briggth, he rid over the boundary with a lot o' men and horthes," said Johnny, with that hurried delivery with which he was able to estop interruption. "Theed 'em go by. Maur Harrithon theth his dad's goin' to chuck out ole McKinthtry. Hooray!"

Mrs. McKinstry turned her dark face sharply on Seth. "What's that he sez?"

"Nothin' but children's gassin'," he answered, meeting her eyes with an evil consciousness half loutish, half defiant, "and ef it war true, it would only sarve Hiram McKinstry right."

She laid her hand upon his shoulder with swift suspicion. "Out o' my way, Seth Davis," she said suddenly, pushing him aside. "Ef this ez any underhanded work of yours, you'll pay for it."

She strode past him in the direction of Johnny, but at the approach of the tall woman with the angry eyes, the boy flew. She hesitated a moment, turned again with a threatening wave of the hand to Seth, and started off rapidly in the direction of the boundary.

She had not placed so much faith in the boy's story as in the vague revelation of evil in Davis's manner. If there was any "cussedness" afoot, Seth, convinced of Cressy's unfaithfulness, and with no further hope of any mediation from the parents, would know it. Unless Hiram had been warned, he was still lulled in his fatuous dream of civilization. At that time he and his men were in the tules with the stock; to be satisfied, she herself must go to the boundary.

She reached the ridge of the cottonwoods and sycamores, and a few hundred yards further brought her to the edge of that gentle southern slope which at last sank into the broad meadow of the debatable ground. In spite of Stacey's invidious criticism of its intrinsic value, this theatre of savage dissension, violence, and bloodshed was by some irony of nature a pastoral landscape of singular and peaceful repose. The soft glacis stretching before her was in spring cerulean with lupins, and later starred with mariposas. The meadow was transversely crossed by a curving line of alders that indicated a rare water-course, of which in the dry season only a single pool remained to flash back the unvarying sky. There had been no attempt at cultivation of this broad expanse; wild oats, mustard, and rank grasses left it a tossing sea of turbulent and variegated color whose waves rode high enough to engulf horse and rider in their choking depths. Even the traces of human struggle, the uprooted stakes, scattered fence-rails, and empty post-holes were forever hidden under these billows of verdure. Midway of the field and near the water-course arose McKinstry's barn--the solitary human structure whose rude, misshapen, bulging sides and swallow-haunted eaves bursting with hay from the neighboring pasture, seemed however only an extravagant growth of the prolific soil. Mrs. McKinstry gazed at it anxiously. There was no sign of life or movement near or around it; it stood as it had always stood, deserted and solitary. But turning her eyes to the right, beyond the water-course, she could see a slight regular undulation of the grassy sea and what appeared to be the drifting on its surface of half a dozen slouched hats in the direction of the alders. There was no longer any doubt; a party from the other side was approaching the border.

A shout and the quick galloping of hoofs behind her sent a thrill of relief to her heart. She had barely time to draw aside as her husband and his followers swept past her down the slope. But it needed not his furious cry, "The Harrisons hev sold us out," to tell her that the crisis had come.

She held her breath as the cavalcade diverged, and in open order furiously approached the water-course, and she could see a sudden check and hesitation in the movement in the meadow at that unlooked-for onset. Then she thought of the barn. It would be a rallying-point for them if driven back--a tower of defence if besieged. There were arms secreted beneath the hay for such an emergency. She would run there, swing-to its open doors, and get ready to barricade them.

She ran crouchingly, seeking the higher grasses and brambles of the ridge to escape observation from the meadow until she could descend upon the barn from the rear. She threw aside her impeding shawl; her brown holland sun-bonnet, torn off her head and hanging by its strings from her shoulders, let her coarse silver-threaded hair stream like a mane over her back; her face and hands were bleeding from thorns and whitened by dust. But she struggled on fiercely like some hunted animal until she reached the descending trail, when, letting herself go blindly, only withheld by the long grasses she clutched at wildly on either side, she half fell, half stumbled down the slope and emerged beside the barn, breathless and exhausted.

But what a contrast was there! For an instant she could scarcely believe that she had left the ridge with her husband's savage outcry in her ears, and in her eyes the swift vision of his furious cavalcade. The boundary meadow was hidden by the soft lines of graceful willows in whose dim recesses the figures of the passionate horsemen seemed to have melted forever. There was nothing now to interrupt the long vista of peaceful beauty that stretched before her through this lonely hollow to the distant sleeping hills. The bursting barn in the foreground, heaped with grain that fringed its eaves and bristled from its windows and doors until its unlovely bulk was hidden in trailing feathery outlines; the gentle flutter of wings and soothing twitter of swallows and jays around its open rafters, and the drifting shadows of a few circling crows above it; the drowsy song of bees on the wild mustard that half hid its walls with yellow bloom; the sound of faintly-trickling water in one of those old Indian-haunted springs that had given its name to the locality; all these for an instant touched the senses of this hard, fierce woman as she had not been touched since she was a girl. For one brief moment the joys of peace and that matured repose that never had been hers flashed upon her; but with it came the savage consciousness that even now it was being wrested away, and the thought fired her blood again. She listened eagerly for a second in the direction of the meadow; there was no report of fire-arms--there was yet time to prepare the barn for defence. She ran to the front of the building and seized the latch of the half-closed door. A little feminine cry that was half a laugh came from within, with the rapid rustle of a skirt and as the door swung open a light figure vanished through the rear window. The slanting sunlight falling in the shadowed interior disclosed only the single erect figure of the school-master John Ford.

The first confusion and embarrassment of an interrupted rendezvous that had colored Ford's cheeks, gave way to a look of alarm as he caught sight of the bleeding face and dishevelled figure of Mrs. McKinstry. She saw it. To her distorted fancy it seemed only a proof of deeper guilt. Without a word she closed the heavy door behind her and swung the huge cross-bar unaided to its place. She then turned and confronted him, wiping the dust from her face and arms with her torn and dangling sun-bonnet in a way that recalled her attitude on the first day he had met her.

"That was Cress with ye?" she said.

He hesitated, still gazing at her in wonder.

"Don't lie."

He started. "I don't propose to," he retorted indignantly. "It was"--

"I don't ask ye how long this yer's bin goin' on," she said, pointing to Cressy's sun-bonnet, a few books, and a scattered nosegay of wild flowers lying on the hay; "and I don't want to know. In five minutes either her father will be here, or them hell-hounds of Harrison's who've sold him out will swarm round this barn to git possesshun. Ef this yer"--she again pointed contemptuously to the objects just indicated--"means that you've cast your lot with US and kalkilate to take our bitter with our sweet, ye'll lift up that stack of hay and bring out a gun to help defend it. Ef you're meanin' anythin' else, Ford, you'll hide yourself in that hay till Hiram comes and has time enough to attend to ye."

"And if I choose to do neither?" he said haughtily.

She looked at him in unutterable scorn. "There's the winder--take it while there's time, afore I bar it. Ef you see Hiram, tell him ye left an old woman behind ye to defend the place whar you uster hide with her darter."

Before he could reply there was a distant report, followed almost directly by another. With a movement of irritation he walked to the window, turned and looked at her--bolted it, and came back.

"Where's that gun?" he said almost rudely.

"I reckon's that would fetch ye," she said, dragging away the hay and disclosing a long trough-like box covered with tarpaulin. It proved to contain powder, shot, and two guns. He took one.

"I suppose I may know what I am fighting for?" he said dryly.

"Ye might say 'Cress' ef they"--indicating the direction of the reports--"happen to ask ye," she returned with equal sobriety. "Jess now ye kin take your stand up thar in the loft and see what's comin'."

He did not linger, but climbed to the place assigned him, glad to escape the company of the woman who at that moment he almost hated. In his unreflecting passion for Cressy he had always evaded the thought of this relationship or propinquity; the mother had recalled it to him in a way that imperilled even his passion for the daughter; his mind was wholly preoccupied with the idiotic, exasperating, and utterly hopeless position that had been forced upon him. In the bitterness of his spirit his sense of personal danger was so far absorbed that he speculated on the chance bullet in the melee that might end his folly and relieve him of responsibility. Shut up in a barn with a furious woman, in a lawless defence of questionable rights--with the added consciousness that an equally questionable passion had drawn him into it, and that SHE knew it--death seemed to offer the only escape from the explanation he could never give. If another sting could have been added it was the absurd conviction that Cressy would not appreciate his sacrifice, but was perhaps even at that moment calmly congratulating herself on the felicitousness of the complication in which she had left him.

Suddenly he heard a shout and the tramping of horse. The sides of the loft were scantily boarded to allow the extension of the pent-up grain, and between the interstices Ford, without being himself seen, had an uninterrupted view of the plain between him and the line of willows. As he gazed, five men hurriedly issued from the extreme left and ran towards the barn. McKinstry and his followers simultaneously broke from the same covert further to the right and galloped forward to intercept them. But although mounted, the greater distance they had to traverse brought them to the rear of the building only as the Harrison party came to a sudden halt before the closed and barricaded doors of the usually defenceless barn. The discomfiture of the latter was greeted by a derisive shout from the McKinstry party--albeit, equally astonished. But in that brief moment Ford recognized in the leader of the Harrisons the well-known figure of the Sheriff of Tuolumne. It needed only this to cap the climax of the fatality that seemed to pursue him. He was no longer a lawless opposer of equally lawless forces, but he was actually resisting the law itself. He understood the situation now. It was some idiotic blunder of Uncle Ben's that had precipitated this attack.

The belligerents had already cocked their weapons, although the barn was still a rampart between the parties. But an adroit flanker of McKinstry's, creeping through the tall mustard, managed to take up an enfilading position as the Harrisons advanced to break in the door. A threatening shout from the ambuscaded partisans caused them to hurriedly fall back towards the rear of the barn. There was a pause, and then began the usual Homeric chaff,--with this Western difference that it was cunningly intended to draw the other's fire.

"Why don't you blaze away at the door, you ---- ----! It won't hurt ye!"

"He's afraid the bolt will shoot back!" Laughter from the McKinstrys.

"Come outer the tall grass and show yourself, you black, mud-eating gopher."

"He can't. He's dropped his grit and is sarchin' for it." Goading laughter from the Harrisons.

Each man waited for that single shot which would precipitate the fight. Even in their lawlessness the rude instinct of the duello swayed them. The officer of the law recognized the principle as well as its practical advantage in a collision, but he hesitated to sacrifice one of his men in an attack on the barn, which would draw the fire of McKinstry at that necessarily fatal range. As a brave man he would have taken the risk himself, but as a prudent one, he reflected that his hurriedly collected posse were all partisans, and if he fell the conflict would resolve itself into a purely partisan struggle without a single unprejudiced witness to justify his conduct in the popular eye. The master also knew this; it had checked his first impulse to come forward as a mediator; his only reliance now was on Mrs. McKinstry's restraint and the sheriff's forbearance. The next instant both seemed to be imperilled.

"Well, why don't you wade in?" sneered Dick McKinstry; "who do you reckon's hidden in the barn?"

"I'll tell ye," said a harsh, passionate voice from the hill-side. "It's Cressy McKinstry and the school-master hidin' in the hay."

Both parties turned quickly towards the intruder who had approached them unperceived. But the speech was followed by a more startling revulsion of sentiment as Mrs. McKinstry's voice rang out from the barn, "You lie, Seth Davis!"

The brief advantage offered to the sheriff in Davis's advent as a neutral witness, was utterly lost by this unlooked-for revelation of Mrs. McKinstry's presence in the barn! The fates were clearly against him! A woman in the fight, and an old one at that! A white woman to be forcibly ejected! In the whole unwritten code of Southwestern chivalry there was no such precedent.

"Stand back," he said disgustedly to his followers, "stand back and let the d----d barn slide. But you, Hiram McKinstry, I'll give YOU five minutes to shake yourself clear of your wife's petticoats and git!" His blood was up now--the quicker from his momentary weakness and the trick of which he thought himself a dupe.

Again the fatal signal seemed imminent, again it was delayed. For Hiram McKinstry, with clanking spurs and rifle in hand stepped from behind the barn, full in the presence of his antagonists.

"Ez to my gitten in five minits," he began in his laziest, drowsiest manner, "we'll see when the time's up. But jest now words hev passed betwixt my wife and Seth Davis. Afore anythin' else goes on yer, he's got to take HIS back. My wife allows he lies; I allow he lies too, and I stan' here to say it."

The right of personal insult to precedence of redress was too old a frontier principle to be gainsaid now. Both parties held back and every eye was turned to where Seth Davis had been standing. But he had disappeared.


When Mrs. McKinstry hurled her denial from the barn, he had taken advantage of the greater surprise to leap to one of the trusses of hay that projected beyond the loft, and secure a footing from which he quickly scrambled through the open scantling to the interior. The master who, startled by his voice, had made his way through the loose grain to the rear, reached it as Seth half crawled, half tumbled through. Their eyes met in a single flash of rage, but before Seth could utter an outcry, the master had dropped his gun, seized him around the neck and crammed a thick handful of the soft hay he had hurriedly snatched up into his face and gasping mouth. A furious but silent struggle ensued; the yielding hay on which they both fell deadened all sound of a scuffle and concealed them from view; masses of it, already loosened by the intruder's entrance, and dislodged in their contortions began to slip through the opening to the ground. The master, still uppermost and holding Seth firmly down, allowed himself to slip with them, shoving his adversary before him; the maddened Missourian detecting his purpose, made a desperate attempt to change his position, and succeeded in raising his knee against the master's chest. Ford, guarding against what seemed to be only a wrestler's strategy, contented himself by locking the bent knee firmly in that position, and thus unwittingly gave Seth the looked-for opportunity of drawing the bowie-knife concealed in his boot leg. He knew his mistake only as Seth violently freed his arm, and threw it upward for the blow. He heard the steel slither like a scythe through the hay, and unlocking his hold desperately threw himself on the uplifted arm. The movement saved him. For the released body of Seth slipped rapidly through the opening, upheld for a single instant on the verge by the grasp of the master's two hands on the arm that still held the knife, and then dropped heavily downward. Even then, the hay that had slipped before him would have broken his fall, but his head came in violent contact with some farming implements standing against the wall, and without a cry he was stretched senseless on the ground. The whole occurrence passed so rapidly and so noiselessly that not only did McKinstry's challenge fall upon his already unconscious ears, but the loosened hay which in the master's struggles to recover himself still continued to slide gently from the loft, actually hid him from the eyes of the spectators who sought him a moment afterwards. A mass of hay and wild oats, dislodged apparently by Mrs. McKinstry in securing her defences, was all that met their eyes; even the woman herself was unconscious of the deadly struggle that had taken place above her.

The master staggered to an upright position half choked and half blinded with dust, turgid and bursting with the rush of blood to his head, but clear and collected in mind, and unremorsefully triumphant. Unconscious of the real extent of Seth's catastrophe he groped for and seized his gun, examined the cap and eagerly waited for a renewed attack. "He tried to kill me; he would have killed me; if he comes again I must kill him," he kept repeating to himself. It never occurred to him that this was inconsistent with his previous thought--indeed with the whole tenor of his belief. Perhaps the most peaceful man who has been once put in peril of life by an adversary, who has recognized death threatening him in the eye of his antagonist, is by some strange paradox not likely to hold his own life or the life of his adversary as dearly as before. Everything was silent now. The suspense irritated him, he no longer dreaded but even longed for the shot that would precipitate hostilities. What were they doing? Guided by Seth, were they concerting a fresh attack?

Listening more intently he became aware of a distant shouting, and even more distinctly, of the dull, heavy trampling of hoofs. A sudden angry fear that the McKinstrys had been beaten off and were flying--a fear and anger that now for the first time identified him with their cause--came over him, and he scrambled quickly towards the opening below. But the sound was approaching and with it came a voice.

"Hold on there, sheriff!"

It was the voice of the agent Stacey.

There was a pause of reluctant murmuring. But the warning was enforced by a command from another voice--weak, unheroic, but familiar, "I order this yer to stop--right yer!"

A burst of ironical laughter followed. The voice was Uncle Ben's.

"Stand back! This is no time for foolin'," said the sheriff roughly.

"He's right, Sheriff Briggs," said Stacey's voice hurriedly; "you're acting for HIM; he's the owner of the land."

"What? That Ben Dabney?"

"Yes; he's Daubigny, who bought the title from us."

There was a momentary hush, and then a hurried murmur.

"Which means, gents," rose Uncle Ben's voice persuasively, "that this yer young man, though fair-minded and well-intended, hez bin a leetle too chipper and previous in orderin' out the law. This yer ain't no law matter with ME, boys. It ain't to be settled by law-papers, nor shot-guns and deringers. It's suthin' to be chawed over sociable-like, between drinks. Ef any harm hez bin done, ef anythin's happened, I'm yer to 'demnify the sheriff, and make it comf'ble all round. Yer know me, boys. I'm talkin'. It's me--Dabney, or Daubigny, which ever way you like it."

But in the silence that followed, the passions had not yet evidently cooled. It was broken by the sarcastic drawl of Dick McKinstry: "If them Harrisons don't mind heven had their medders trampled over by a few white men, why"--

"The sheriff ez 'demnified for that," interrupted Uncle Ben hastily.

"'N ef Dick McKinstry don't mind the damage to his pants in crawlin' out o' gunshot in the tall grass"--retorted Joe Harrison.

"I'm yer to settle that, boys," said Uncle Ben cheerfully.

"But who'll settle THIS?" clamored the voice of the older Harrison from behind the barn where he had stumbled in crossing the fallen hay. "Yer's Seth Davis lyin' in the hay with the top of his head busted. Who's to pay for that?"

There was a rush to the spot, and a quick cry of reaction.

"Whose work is this?" demanded the sheriff's voice, with official severity.

The master uttered an instinctive exclamation of defiance, and dropping quickly to the barn floor, would the next moment have opened the door and declared himself, but Mrs. McKinstry, after a single glance at his determined face, suddenly threw herself before him with an imperious gesture of silence. Then her voice rang clearly from the barn:--

"Well, if it's the hound that tried to force his way in yer, I reckon ye kin put that down to ME!"

Bret Harte

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