The Colonel's Dream Part 27

The colonel then sued out a writ of habeas corpus for the body of Bud Johnson, and it was heard before the common pleas court at Clarendon, with public opinion divided between the colonel and Fetters. The court held that under his contract, for which he had paid the consideration, Fetters was ent.i.tled to Johnson's services.

The colonel, defeated but still undismayed, ordered Caxton to prepare a memorial for presentation to the federal authorities, calling their attention to the fact that peonage, a crime under the Federal statutes, was being flagrantly practised in the State. This allegation was supported by a voluminous brief, giving names and dates and particular instances of barbarity. The colonel was not without some quiet support in this movement; there were several public-spirited men in the county, including his able lieutenant Caxton, Dr. Price and old General Thornton, none of whom were under any obligation to Fetters, and who all acknowledged that something ought to be done to purge the State of a great disgrace.

There was another party, of course, which deprecated any scandal which would involve the good name of the State or reflect upon the South, and who insisted that in time these things would pa.s.s away and there would be no trace of them in future generations. But the colonel insisted that so also would the victims of the system pa.s.s away, who, being already in existence, were certainly ent.i.tled to as much consideration as generations yet unborn; it was hardly fair to sacrifice them to a mere punctilio. The colonel had reached the conviction that the regenerative forces of education and enlightenment, in order to have any effect in his generation, must be reinforced by some positive legislative or executive action, or else the untrammelled forces of graft and greed would override them; and he was human enough, at this stage of his career to wish to see the result of his labours, or at least a promise of result.

The colonel's papers were forwarded to the proper place, whence they were referred from official to official, and from department to department. That it might take some time to set in motion the machinery necessary to reach the evil, the colonel knew very well, and hence was not impatient at any reasonable delay. Had he known that his presentation had created a sensation in the highest quarter, but that owing to the exigencies of national politics it was not deemed wise, at that time, to do anything which seemed like an invasion of State rights or savoured of sectionalism, he might not have been so serenely confident of the outcome. Nor had Fetters known as much, would he have done the one thing which encouraged the colonel more than anything else. Caxton received a message one day from Judge Bullard, representing Fetters, in which Fetters made the offer that if Colonel French would stop his agitation on the labour laws, and withdraw any papers he had filed, and promise to drop the whole matter, he would release Bud Johnson.

The colonel did not hesitate a moment. He had gone into this fight for Johnson--or rather to please Miss Laura. He had risen now to higher game; nothing less than the system would satisfy him.

"But, Colonel," said Caxton, "it's pretty hard on the n.i.g.g.e.r. They'll kill him before his time's up. If you'll give me a free hand, I'll get him anyway."

"How?"

"Perhaps it's just as well you shouldn't know. But I have friends at Sycamore."

"You wouldn't break the law?" asked the colonel.

"Fetters is breaking the law," replied Caxton. "He's holding Johnson for debt--and whether that is lawful or not, he certainly has no right to kill him."

"You're right," replied the colonel. "Get Johnson away, I don't care how. The end justifies the means--that's an argument that goes down here. Get him away, and send him a long way off, and he can write for his wife to join him. His escape need not interfere with our other plans. We have plenty of other cases against Fetters."

Within a week, Johnson, with the connivance of a bribed guard, a poor-white man from Clarendon, had escaped from Fetters and seemingly vanished from Beaver County. Fetters's lieutenants were active in their search for him, but sought in vain.

_Twenty-eight_

Ben Dudley awoke the morning after the a.s.sembly ball, with a violent headache and a sense of extreme depression, which was not relieved by the sight of his reflection in the looking-gla.s.s of the bureau in the hotel bedroom where he found himself.

One of his eyes was bloodshot, and surrounded by a wide area of discolouration, and he was conscious of several painful contusions on other portions of his body. His clothing was badly disordered and stained with blood; and, all in all, he was scarcely in a condition to appear in public. He made such a toilet as he could, and, anxious to avoid observation, had his horse brought from the livery around to the rear door of the hotel, and left for Mink Run by the back streets. He did not return to town for a week, and when he made his next appearance there, upon strictly a business visit, did not go near the Treadwells', and wore such a repellent look that no one ventured to speak to him about his encounter with Fetters and McRae. He was humiliated and ashamed, and angry with himself and all the world. He had lost Graciella already; any possibility that might have remained of regaining her affection, was destroyed by his having made her name the excuse for a barroom broil. His uncle was not well, and with the decline of his health, his monomania grew more acute and more absorbing, and he spent most of his time in the search for the treasure and in expostulations with Viney to reveal its whereabouts.

The supervision of the plantation work occupied Ben most of the time, and during his intervals of leisure he sought to escape unpleasant thoughts by busying himself with the model of his cotton gin.

His life had run along in this way for about two weeks after the ball, when one night Barclay Fetters, while coming to town from his father's plantation at Sycamore, in company with Turner, his father's foreman, was fired upon from ambush, in the neighbourhood of Mink Run, and seriously wounded. Groaning heavily and in a state of semi-unconsciousness he was driven by Turner, in the same buggy in which he had been shot, to Doctor Price's house, which lay between Mink Run and the town.

The doctor examined the wound, which was serious. A charge of buckshot had been fired at close range, from a clump of bushes by the wayside, and the charge had taken effect in the side of the face. The sight of one eye was destroyed beyond a peradventure, and that of the other endangered by a possible injury to the optic nerve. A sedative was administered, as many as possible of the shot extracted, and the wounds dressed. Meantime a messenger was despatched to Sycamore for Fetters, senior, who came before morning post-haste. To his anxious inquiries the doctor could give no very hopeful answer.

"He's not out of danger," said Doctor Price, "and won't be for several days. I haven't found several of those shot, and until they're located I can't tell what will happen. Your son has a good const.i.tution, but it has been abused somewhat and is not in the best condition to throw off an injury."

"Do the best you can for him, Doc," said Fetters, "and I'll make it worth your while. And as for the double-d.a.m.ned scoundrel that shot him in the dark, I'll rake this county with a fine-toothed comb till he's found. If Bark dies, the murderer shall hang as high as Haman, if it costs me a million dollars, or, if Bark gets well, he shall have the limit of the law. No man in this State shall injure me or mine and go unpunished."

The next day Ben Dudley was arrested at Mink Run, on a warrant sworn out by Fetters, senior, charging Dudley with attempted murder. The accused was brought to Clarendon, and lodged in Beaver County jail.

Ben sent for Caxton, from whom he learned that his offense was not subject to bail until it became certain that Barclay Fetters would recover. For in the event of his death, the charge would be murder; in case of recovery, the offense would be merely attempted murder, or shooting with intent to kill, for which bail was allowable. Meantime he would have to remain in jail.

In a day or two young Fetters was p.r.o.nounced out of danger, so far as his life was concerned, and Colonel French, through Caxton, offered to sign Ben's bail bond. To Caxton's surprise Dudley refused to accept bail at the colonel's hands.

"I don't want any favours from Colonel French," he said decidedly. "I prefer to stay in jail rather than to be released on his bond."

So he remained in jail.

Graciella was not so much surprised at Ben's refusal to accept bail.

She had reasoned out, with a fine instinct, the train of emotions which had brought her lover to grief, and her own share in stirring them up. She could not believe that Ben was capable of shooting a man from ambush; but even if he had, it would have been for love of her; and if he had not, she had nevertheless been the moving cause of the disaster. She would not willingly have done young Mr. Fetters an injury. He had favoured her by his attentions, and, if all stories were true, he had behaved better than Ben, in the difficulty between them, and had suffered more. But she loved Ben, as she grew to realise, more and more. She wanted to go and see Ben in jail but her aunt did not think it proper. Appearances were all against Ben, and he had not purged himself by any explanation. So Graciella sat down and wrote him a long letter. She knew very well that the one thing that would do him most good would be the announcement of her Aunt Laura's engagement to Colonel French. There was no way to bring this about, except by first securing her aunt's permission. This would make necessary a frank confession, to which, after an effort, she nerved herself.

"Aunt Laura," she said, at a moment when they were alone together, "I know why Ben will not accept bail from Colonel French, and why he will not tell his side of the quarrel between himself and Mr. Fetters. He was foolish enough to imagine that Colonel French was coming to the house to see me, and that I preferred the colonel to him. And, Aunt Laura, I have a confession to make; I have done something for which I want to beg your pardon. I listened that night, and overheard the colonel ask you to be his wife. Please, dear Aunt Laura, forgive me, and let me write and tell Ben--just Ben, in confidence. No one else need know it."

Miss Laura was shocked and pained, and frankly said so, but could not refuse the permission, on condition that Ben should be pledged to keep her secret, which, for reasons of her own, she was not yet ready to make public. She, too, was fond of Ben, and hoped that he might clear himself of the accusation. So Graciella wrote the letter. She was no more frank in it, however, on one point, than she had been with her aunt, for she carefully avoided saying that she _had_ taken Colonel French's attentions seriously, or built any hopes upon them, but chided Ben for putting such a construction upon her innocent actions, and informed him, as proof of his folly, and in the strictest confidence, that Colonel French was engaged to her Aunt Laura. She expressed her sorrow for his predicament, her profound belief in his innocence, and her unhesitating conviction that he would be acquitted of the pending charge.

To this she expected by way of answer a long letter of apology, explanation, and protestations of undying love.

She received, instead, a brief note containing a cold acknowledgment of her letter, thanking her for her interest in his welfare, and a.s.suring her that he would respect Miss Laura's confidence. There was no note of love or reproachfulness--mere cold courtesy.

Graciella was cut to the quick, so much so that she did not even notice Ben's mistakes in spelling. It would have been better had he overwhelmed her with reproaches--it would have shown at least that he still loved her. She cried bitterly, and lay awake very late that night, wondering what else she could do for Ben that a self-respecting young lady might. For the first time, she was more concerned about Ben than about herself. If by marrying him immediately she could have saved him from danger and disgrace she would have done so without one selfish thought--unless it were selfish to save one whom she loved.

The preliminary hearing in the case of the State _vs._ Benjamin Dudley was held as soon as Doctor Price p.r.o.nounced Barclay Fetters out of danger. The proceedings took place before Squire Redd.i.c.k, the same justice from whom the colonel had bought Peter's services, and from whom he had vainly sought to secure Bud Johnson's release.

In spite of Dudley's curt refusal of his a.s.sistance, the colonel, to whom Miss Laura had conveyed a hint of the young man's frame of mind, had instructed Caxton to spare no trouble or expense in the prisoner's interest. There was little doubt, considering Fetters's influence and vindictiveness, that Dudley would be remanded, though the evidence against him was purely circ.u.mstantial; but it was important that the evidence should be carefully scrutinised, and every legal safeguard put to use.

The case looked bad for the prisoner. Barclay Fetters was not present, nor did the prosecution need him; his testimony could only have been c.u.mulative.

Turner described the circ.u.mstances of the shooting from the trees by the roadside near Mink Run, and the driving of the wounded man to Doctor Price's.

Doctor Price swore to the nature of the wound, its present and probable consequences, which involved the loss of one eye and perhaps the other, and produced the shot he had extracted.

McRae testified that he and Barclay Fetters had gone down between dances, from the Opera Ball, to the hotel bar, to get a gla.s.s of seltzer. They had no sooner entered the bar than the prisoner, who had evidently been drinking heavily and showed all the signs of intoxication, had picked a quarrel with them and a.s.saulted Mr.

Fetters. Fetters, with the aid of the witness, had defended himself.

In the course of the altercation, the prisoner had used violent and profane language, threatening, among other things, to kill Fetters.

All this testimony was objected to, but was admitted as tending to show a motive for the crime. This closed the State's case.

Caxton held a hurried consultation with his client. Should they put in any evidence, which would be merely to show their hand, since the prisoner would in any event undoubtedly be bound over? Ben was unable to deny what had taken place at the hotel, for he had no distinct recollection of it--merely a blurred impression, like the memory of a bad dream. He could not swear that he had not threatened Fetters. The State's witnesses had refrained from mentioning the lady's name; he could do no less. So far as the shooting was concerned, he had had no weapon with which to shoot. His gun had been stolen that very day, and had not been recovered.

"The defense will offer no testimony," declared Caxton, at the result of the conference.

The justice held the prisoner to the grand jury, and fixed the bond at ten thousand dollars. Graciella's information had not been without its effect, and when Caxton suggested that he could still secure bail, he had little difficulty in inducing Ben to accept Colonel French's friendly offices. The bail bond was made out and signed, and the prisoner released.

Caxton took Ben to his office after the hearing. There Ben met the colonel, thanked him for his aid and friends.h.i.+p, and apologised for his former rudeness.

"I was in a bad way, sir," he said, "and hardly knew what I was doing.

But I know I didn't shoot Bark Fetters, and never thought of such a thing."

"I'm sure you didn't, my boy," said the colonel, laying his hand, in familiar fas.h.i.+on, upon the young fellow's shoulder, "and we'll prove it before we quit. There are some ladies who believe the same thing, and would like to hear you say it."

"Thank you, sir," said Ben. "I should like to tell them, but I shouldn't want to enter their house until I am cleared of this charge.

I think too much of them to expose them to any remarks about harbouring a man out on bail for a penitentiary offense. I'll write to them, sir, and thank them for their trust and friends.h.i.+p, and you can tell them for me, if you will, that I'll come to see them when not only I, but everybody else, can say that I am fit to go."