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Stories of the Foot-hills

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VII

In the days that passed wearisomely enough before the trial, Melissa heard much that did not tend to soothe her harassed little soul. Lysander, having taken refuge behind the assertion that it "wasn't becomin' fer the fam'ly to take sides," bore his mother-in-law's stinging sarcasms in virtuous silence.

"Seems to me it depends on which side you take," sneered the old woman. "I don't see anything so very impullite in gettin' mad when yer pap's shot down like a dog."

Lysander braced himself judicially.

"We don't none of us know nothin' about it," he contended. "If I'd 'a' been there and 'a' seen the scrimmage, I'd 'a' knowed what to think. As 'tis, I dunno what to think, and there's no law that kin make you think when you don't hev no fax to base your thinkun' on."

"Some folks lacks other things besides fax to base their thinkun' on," the old woman jerked out sententiously.

Lysander pressed the tobacco into his cob pipe, and scratched a match on the sole of his boot.

"I think they've been middlin' fair," he said, between puffs, "fixin' up that water business. It's my opinion the young feller's at the bottom of it, – they say his father's well off; 't enny rate, it's fixed, an' you're better off 'n you wuz, – exceptin', uv course, your affliction, an' that can't be helped." The man composed his voice very much as he would have straightened a corpse in which he had no personal interest. "I'm in fer shuttin' up."

"They don't seem to want you to shut up," fretted his mother-in-law. "They've s'peenied you."

"They're welcome to all I know; 'tain't much, an' 't won't help nor hender, as I c'n see, but such as it is, they kin hev it an' welcome."

Lysander stood in the doorway, with his hat on the back of his head. He tilted it over his eyes, as he made this avowal, and sauntered toward the stable, with his head thrown back, peering from under the brim, as if its inconvenient position were a matter entirely beyond his control.

Melissa was washing dishes at a table in the corner of the kitchen. She hurried a little, trembling in her eagerness to speak to Lysander alone. She carried the dishpan to the kitchen door to empty it, and the chickens came scuttling with half-flying strides from the shade of the geraniums where they were dusting themselves, and then fled with a chorus of dismayed squawks as the dish-water splashed among them. The girl hung the pan on a nail outside, and flung her apron over her head. She could see Lysander's tilted hat moving among the low blue gums beside the shed. She drew the folds of her apron forward to shade her face, and went down the path with a studied unconcern that sat as ill upon her as haste. Lysander was mending the cultivator; he looked up, but not as high as her face.

"'Llo, M'lissy," he said, as kindly as was compatible with a rusty bit of wire between his teeth.

The girl leaned against the shaded side of a stack of baled barley hay.

"Lysander," she began quaveringly, "Lysander, if you'd seen paw shot, an' knowed all about it, could they make you tell – would you think you'd ought to tell?" She hurried her questions as they had been crowding in her sore conscience. "I mean, of course, if you'd seen it, Lysander."

Her brother-in-law straightened himself, and set his hat on the back of his head without speaking. Melissa could feel him looking at her curiously.

"Of course, that's all I mean, Lysander, – just if you'd seen it; would you tell?" she faltered.

"M'lissy," said the man impressively, "if I'd seen my own paw killed, an' nobody asked me to tell, I'd keep my mouth most piously shut; that's what I'd do."

"But if he was mad, Sandy, an' tried to kill somebody else, and, oh," – her voice broke into a piteous wail, – "if they wuz thinkun' o' hangin' 'im!"

"They ain't a-goin' to hang nobody, M'lissy," said Lysander confidently, – "hangin' has gone out o' fashion. And I don't think it's becomin' fer the fam'ly to interfere, especially the women folks; besides, we don't none of us know nothin' about it, you see. Don't you fret about things you don't know nothin' about. The law'll have to take its course, M'lissy. That young feller's goin' to git off reasonable, – very reasonable, indeed, considerin'."

Melissa rubbed her feet in the loose straw, restless and uncomforted.

"When's the trial, Lysander?" she asked, after a little pause, during which her companion resumed his encounter with the rusty wire he was straightening.

"The trial, M'lissy, is set for tuhmorruh," Lysander replied, a trifle oracularly. "I'm a-goin' down because they've sent fer me; if they hadn't 'a' sent, I wouldn't 'a' gone. I don't know nothin' exceptin' that yer paw had one of his spells," – inebriety was always thus decorously cloaked in Lysander's domestic conversation, – "an' went off up the cañon that mornin' r'arin' mad about the spring. Of course they don't know that's all I know, – if they knowed it, perhaps they wouldn't want me; but if they hadn't sent fer me, you can bet I'd stick at home closer'n a scale-bug to an orange-tree, Melissy, perticular if I was a young girl, an' didn't know nothin' whatever about the hull fracas. An' young girls ain't expected to know about such things; it ain't proper fer 'em, especially when they're members of the fam'ly."

This piece of highly involved wisdom quieted Melissa very much as a handkerchief stuffed into a sufferer's mouth allays his pain. She went about the rest of the day silent and distressed.

At daybreak the next morning, Lysander harnessed the dun-colored mules and drove to Los Angeles.

The sun rose higher, and the warm dullness of a California summer day settled down upon the little mountain ranch. Heat seemed to rise in shimmering waves from the yellow barley stubble. The orange-trees cast dense shadows with no coolness in them, and along the edge of the orchard the broad leaves of the squash-vines hung in limp dejection upon their stalks. The heated air was full of pungent odors: tar and honey and spice from the sage and eucalyptus, with now and then a warmer puff of some new wild fragrance from far up the mountain-side.

"We're a-goin' to have three hot days," said Mrs. Sproul, looking anxiously over the valley from the shelter of her husband's hat. "Sandy'll swelter, bein' dressed up so. I do hope they won't keep him long. He don't know nothin' about it, noway. Seems to me they might 'a' believed him, when he said so."

Mother Withrow had fallen into a silence full of the eloquence of offended dignity, when Lysander disappeared. Like all tyrannical souls, she was beginning to feel a bitterness worse than that of opposition, – the bitterness of deceit. She knew that Lysander had deceived her, and the knowledge was bearing its fruit of humiliation and chagrin. The evident liberality of Forrester's course in deeding her a share of the cañon, greater, it was said, than the loss occasioned by the drying up of Flutterwheel Spring, had struck at the root of hatreds and preconceptions that were far more vital to her than the mere proprietorship of the water right. She felt hampered and defrauded by the circumstances that forbade her to turn and fling the gift back in his face. To this grim, gray-haired tyrant, dying of thirst seemed sweet compared with the daily bitterness of hearing her enemy praised for his generosity. She sat in the doorway fanning herself with her apron, and made no reply to her daughter's anxious observation.

"I calc'lated to rub out a few things this mornin'," continued Mrs. Sproul, "but somehow I don't feel like settlin' down to washin' or anythin'; an' the baby's cross, bein' all broke out with the heat. I wonder what's become of M'lissy."

"She's up in the oak-tree out at the barn," called William T. Sherman, who with other fraternal generals was holding a council of war over a gopher caught in a trap. "Letterlone; she's as cross as Sam Patch."

"M'lissy takes her paw's death harder 'n I calc'lated she'd do," commented Minerva, virtuously conventional; "she's a good deal upset."

The old woman sniffed audibly.

"I reckon you'll all live through it," she said frostily.

Melissa, swinging her bare feet from a branch of the dense live oak in the barnyard, had watched Lysander's departure with wistful eagerness, entirely unaware that he had divined her secret, and was mannishly averse to having the "women folks" of his family mixed up in a murder trial. Now that he was really gone, and she was left to the dreariness of her own reflections, she grew wan and white with misery.

"I had ought to 'a' told it," she moaned. "If they don't hang 'im, they may put 'im in jail, and that's awful." She thought of him, so straight and lithe and gay, grown pale and wretched; manacled, according to Ulysses's graphic description, with iron chains so heavy that he could not rise; kept feebly alive on bread and water, and presided over by a jailer whose ingenious cruelty knew no limit but the liveliness of the boy's fiendish imagination.

"A year or two," Lysander had said, as if it were a trifle. She looked back a year, and tried to measure the time, losing herself in the hazy monotony of her past, and conscious only of the remoteness of certain events that served as landmarks in her simple experience, – events not yet two years distant.

"Orange-pickun' before last ain't nigh two years ago," she mused, "an' 't ain't a year yet sence Lysander hauled grapes from the Mission to the winery; an' the year before that he was over to Verdugo at the bee-ranch, an' come home fer the grape-haulin' at Santa Elena. That's when Hooker was born; he'll be two years old this fall; it's ever so long ago. He couldn't stand bein' in jail that long; some folks could, but he couldn't. He sings, and laughs out loud, and goes tearin' around so lively. It 'ud kill 'im."

 

She slipped down from the tree, and started toward the house. The path was hot to her bare feet, and the wind came in heated gusts from the mountains. The young turkeys panted, with uplifted wings, in the shade of the dusty geraniums, whose scarlet blossoms were glowing in fierce tropical enjoyment of the glaring sun. The hounds went languidly, with lolling tongues, from one shaded spot to another, blinking their comments on the weather at their human companions, and snapping in a half-hearted way at unwary flies.

Mrs. Sproul and her mother were still seated on the little porch when Melissa appeared.

"Why don't you come in out of the heat, child?" called her sister, as reproachfully as if Melissa were going in the opposite direction. "We hain't had such a desert wind for more 'n a year. I keep thinkin' about Lysander. I've heern of people bein' took down with the heat, and havin' trouble ever afterward with their brains."

"Lysander ain't a-goin' to have any trouble with his brains," said her mother significantly.

Mrs. Sproul turned a highly insulted gaze upon the old woman's impassive face, and tilted her husband's hat defiantly above her diminutive, freckled countenance.

"Lysander kin have as much trouble with his brains as anybody," she said, with bantam-like dignity, straightening her limp calico back, and tightening her grasp on the baby in her arms.

The old woman elevated her shaggy brows, and made a half-mocking sound in imitation of the spitting of an angry kitten.

Mrs. Sproul's pale blue eyes filled with indignant tears, and she turned toward Melissa, who looked up from the step, a gleam of sisterly sympathy lighting up the wan dejection of her young face.

"I wouldn't fret, Minervy," she said kindly; "Lysander don't mind the heat. People never get sunstruck here; it's only back East. I don't think it's so very warm, nohow."

"Oh, it's hot enough," sniffled Mrs. Sproul, relaxing her spine under Melissa's sympathy; "but it ain't altogether the heat. I don't like Lysander bein' mixed up with murderers and dangerous characters; not but what he's able to pertect himself, havin' been through the war, but it seems as if the harmlessest person wuzn't safe when folks go 'round shootin' right an' left without no provocation whatever. I think we'll all be safer when that young feller's locked up in San Quentin, – which they'll do with him, Lysander thinks."

Mrs. Sproul drew a corner of her apron tight over her finger, and carefully wiped a speck from the corner of the baby's eye, gazing intently into the serene vacuity of its sleeping countenance as she spoke.

Melissa caught her breath, and turned and gazed fixedly through the shimmering haze of the valley toward Los Angeles. The girl herself did not know the resolution that was shaping itself from all the tangled facts and fancies of her brain. Perhaps, if she had been held to strict account, she would have said it was an impulse, "a sudden notion" in her parlance, that prompted her to arise the next morning, before the faintest thrill of dawn, and turn her steps toward the town in the valley. It was not a hopeful journey, and she could not analyze the motive that lashed her into making it; nevertheless she felt relieved when the greasewood shut the cabin, with its trailing pepper-trees and dusty figs and geraniums, from her sight, and she was alone on the mountain road. It was not a pleasure to go, but it was an undeniable hardship to stay. There had been no fog in the night, and from the warm stillness of the early morning air the girl knew that the heat had not abated. She was quite unmindful of the landscape, gray and brown and black in the waning light of the misshapen and belated moon, and she was far from knowing that the man she was making this journey to save would have thought her a fitting central figure in the soft blur of the Millet-like etching of which she formed a part.

She threw back her sunbonnet and trudged along, carrying her shoes tied together by their leathern strings and hung across her arm, – an impediment to progress, but a concession to urban prejudices which she did not dream of disregarding. She meant to put them on in the seclusion of the Arroyo Seco, where she could bathe her dusty feet and rest awhile; but remembering the heat of yesterday, she wished to make the most of the early morning, deadly still and far from refreshing though it was. The sea-breeze would come up later, she hoped, not without misgivings; and the grapes were beginning to turn in the vineyards along the road; she would have something to eat with the bit of corn-bread in her pocket. Altogether she was not greatly concerned about herself or the difficulties of her journey, so absorbed was she in the vague uncertainty that lay at its end.

The sun rose hot and pitiless, and the dust and stones of the road grew more and more scorching to her feet. The leaves of the wild gourd, lying in great star-shaped patches on the ground, drooped on their stems, and the spikes of dusty white sage by the road hung limp at the ends, and filled the air with their wilted fragrance. The sea-breeze did not come up, and in its stead gusts of hot wind from the north swept through the valley as if from the door of a furnace. People talked of it afterward as "the hot spell of 18 – ," but in Melissa's calendar it was "the day I walked to Loss Anjelus," – a day so fraught with hopes and fears, so full of dim uncertainties and dread and longing, that the heat seemed only a part of the generally abnormal conditions in which she found herself.

It was afternoon before she reached the end of her journey, entering the town between rows of low, soft-tinted adobes, on the steps of which white-shirted men and dusky, lowbrowed women and children ate melons and laughed lazily at their neighbors, showing their gleaming teeth. She knew where the courthouse stood, its unblushing ugliness protected by the rusty Frémont cannon, and made her way wearily toward it through the more modern and busier streets.

The men who sat in front of the stores in various degrees of undress, slapping each other resoundingly on their thinly clad backs, and discussing the weather with passers-by in loud, jocular tones, were, to Melissa's sober country sense, a light-minded, flippant crowd, to whom life could have no serious aspect. She looked at them indifferently, as they sat and joked, or ran in and out of open doors where there was a constant fizz as of something perpetually boiling over, and made her way among them, quite unmindful of her dusty shoes and wilted sunbonnet, and yet vaguely conscious that at another time she might have cared.

At the door of the courthouse, two of this same loosely clad, noisy, perspiring species were slapping their thighs and choking in hilarious appreciation of something which a third was reading from an open paper. The reader made way for Melissa, backing and reading at the same time, and the sound of their strangely incongruous mirth followed her up the narrow, unswept, paper-strewn staircase into the stifling heat of the second floor. She stopped there an instant, leaning against the railing, uncertain what to do.

One of a pair of double doors opened, and a young man, swinging an official-looking document, crossed the hall as if he might be walking in his sleep, and went into a room beyond; kicking the door open, catching it with his foot, and kicking it to behind him with a familiarity that betokened long acquaintance, and inspired Melissa with confidence in his probable knowledge of the intricate workings of justice. She stood still a moment, clutching the limp folds of her skirt, until the young man returned; then she took a step forward.

"I've come to tell what I know about the shootin'. I saw it," she faltered.

The somnambulistic young man shut one eye, and inclined his ear toward her without turning his head.

"Shooting? What shooting?"

"Up in Sawpit Cañon – Mr. Sterling done it – but I saw it – nobody knows it, though." The words came in short, palpitating sentences that died away helplessly.

Her listener hesitated for an instant, scratching the blonde plush of his cropped scalp with his lead-pencil. Then he stepped forward and kicked one of the double doors open, holding it with his automatic foot.

"Bawb! oh, Bawb!" he called; "'m yer."

A short fat man, with an unbuttoned vest and a general air of excessive perspiration, waddled past the bailiff and confronted Melissa. He smiled when he saw her, displaying an upper row of teeth heavily trimmed with gold, a style of personal adornment which impressed Melissa anew with the vagaries of masculine city taste.

"Witness in the Withrow murder case, pros'cuting 'torney," said the bailiff over his shoulder, by way of introduction, as he disappeared through the door.

Melissa looked at the newcomer, trembling and dumb.

"Come in here, my girl," he said, steaming ahead of her through a door in front of them; "come right in here. Is it pretty hot up your way?"

"Yes, sir," she quavered, not taking the chair he cleared for her. "I come down to tell about the shootin': I'd ought to 'a' told before, but I was scared. Mr. Sterling done it, but paw was mad; he picked up Mr. Sterling's gun and tried to kill 'im, – I saw it all. I was hid in the sycamores. You hadn't ought to hang 'im or do anything to 'im: he couldn't help it."

The prosecuting attorney smiled his broad, gilt-edged, comfortable smile, and laid his pudgy hand reassuringly on Melissa's shoulder.

"It's all right, my little girl," he said. "We're not going to hang Mr. Sterling this time; he was discharged this afternoon; but he'll be obliged to you, all the same. He's over at the hotel taking a nap. You just run along home, and the next time don't be afraid to tell what you know."

The girl turned away silently, and went down the stairs and out into the street. She stood still a moment on the hot pavement, looking in the direction of the hotel in which the man for whom she had made her fruitless journey was sleeping. Then she set her face patiently toward home. The reflection from the pavement seemed to blind her; she felt suddenly faint and tired, and it was with a great throb of relief that she heard a familiar voice at her elbow, and turned with a little tearless sob to Lysander.