Part 22 (2/2)

I needed no urging. My cue had come. They closed around me in a square and escorted me to the court-room door and as I went I heard the voice of a deputy sing-songing my name. I even imagined that in his tone was conviction that the summons would meet with no response.

In order to make clear the exact effect of my appearance, I must go back and summarize briefly, from accounts later given me by Marcus and Weighborne, the occurrences of that half-hour which preceded my calling to the witness stand.

Garvin had appeared in his court-room with his usual affability. He had even paused to shake hands with Weighborne and express regrets for his unfortunate ”accident.” His Honor had announced that he would prefer, in default of objection, pa.s.sing all criminal cases to the foot of the docket, first disposing of several matters of probate and minor importance. To this Marcus had agreed.

When the reporters appeared the judge was surprised, but his wily composure had betrayed no evidence of chagrin, and he had halted affairs to chat with the pencil-wielders while his bailiff provided them with a table and chairs just below the rostrum.

Then had come the call of the cases against the alleged murderers of Rat-Ankle, and the attorney's prompt motion to swear Garvin off the bench. In support of his motion, Marcus launched into a dispa.s.sionate, but unsoftened charge that the judge, himself, had been the chief instigator of the ambuscade. Garvin had listened with growing amus.e.m.e.nt.

”Whose affidavits have you to file, Mr. Marcus?” he purred with unruffled composure.

”That of myself--”

”Is that all?”

”Also that of Mr. Deprayne.”

”I've done been informed,” drawled the Court, ”that Mr. Deprayne was seen leaving for the Virginia line some days back, and that he told several people he was going home. If I'd known of his plans I'd certainly have held him as a material witness, but unfortunately it's too late now.”

”Here is his affidavit,” responded Marcus. ”I submit it to Your Honor in support of my motion.”

Garvin took the paper and read it slowly. It was in general terms and did not make clear to him that it had been so recently penned. After the perusal he delivered himself slowly.

”Learned counsel has made some mighty grave charges against this Co'te; counsel has been led astray by personal feelin'. The Co'te must protect its own dignity. The Co'te sees no reason to regard this paper as genuine, unless Mr. Deprayne himself will state that he swore to it. The Co'te regrets that it can't produce that witness for the learned counsel. The Co'te wishes only--” here he glanced significantly at the press table--”to have the full facts brought out.”

”Will Your Honor,” suggested Marcus, ”instruct the sheriff to call Mr.

Deprayne?”

Garvin had looked up with an expression of surprise and then he had smiled. ”Mr. Sheriff,” he instructed, ”call Mr. Deprayne.”

After that there had been a silence. While Garvin went through the formality of waiting to hear the announcement ”the witness does not answer,” he bent over the desk and once more exchanged compliments with the reporters. These scribes had been sent to expose him and he was bent on weaving about them the spell of his personality. Then it was that I entered. From the door where for an instant I halted, I took in the stained clapboard walls, carved over with crude initials; and the dingy benches full of men in jeans and hodden gray. I caught my breath as a dash of color struck my eyes and I recognized back of the gaunt standing frame of Marcus, the seated figures of Weighborne and the lady who had been so strangely important in my life. My cheeks flushed and bracing back my shoulders, I walked down the center aisle, dust-stained, with four days' growth of beard on my face, and one eye still discolored. As I came, I was conscious of a murmur of astonishment rising incredulously from the benches, and of an excited shuffling of feet.

Called out of his conversation by this sound, Garvin raised his face, still wreathed in its bland and smiling suavity--and our eyes met. For an instant I think he did not recognize me. I must have been a rather ludicrous and unprepossessing figure of a man, and possibly it was the very obvious scars of battle on my disfigured countenance that first told him my ident.i.ty. At all events, the change that for an unguarded interval crossed his florid face was startling.

The smile died instantaneously and he leaned forward to stare at me as at some apparition. He quickly recovered himself, but the reporters caught the tableau of his astonishment and put a paragraph into their stories which was the preface to history-making in Adamson County.

I took my seat on the witness stand and raised my hand to be sworn, not daring to meet the eyes of the woman who sat at the attorney's elbow, though I felt her gaze upon me. Then I heard the cold modulation of Marcus's voice.

”Mr. Deprayne, state your name, age and place of residence.” I did so.

”Do you aver that an affidavit charging Judge Garvin with conspiracy to murder and suppress evidence was made by you, and that it is true?”

”I do.”

The shuffling of brogans and boots had died out. The fall of a pin might have been heard at the ends of the room. Every Garvin heeler and every Marcus adherent was sitting on the edge of his seat. Hands crept furtively to holsters. There was a general gasp of surprise, then as by a single impulse a number of men at one side near the back rose, and across the aisle another group came silently to its feet. The factions stood taut and motionless, eying each other with hatred. Marcus did not for an instant resume his questioning and the utter silence was as oppressive as the stillness that goes ahead of a cyclone. I knew what it meant, as every one in the room knew. The feud-factions were crouching for a spring. In another moment the ceiling might ring and rattle with the cracking of pistols and reek with the stench of burnt powder. The mountain territory has annals of such holocausts.

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