"You"ve got to prove him guilty." And thereupon the Squire said he would give Jack every chance that he would give a man-HE WOULD TRY HIM; each side could bring in witnesses; old Joel could have a lawyer if he wished, and Jack"s case would go before a jury. If p.r.o.nounced innocent, Jack should go free: if guilty-then the dog should be handed over to the sheriff, to be shot at sundown. Joel agreed.
It was a strange procession that left the gate of the Turner cabin next morning. Old Joel led the way, mounted, with "ole Sal," his rifle, across his saddle-bow. Behind him came Mother Turner and Melissa on foot and Chad with his rifle over his left shoulder, and leading Jack by a string with his right hand. Behind them slouched Tall Tom with his rifle and Dolph and Rube, each with a huge old-fashioned horse-pistol swinging from his right hip. Last strode the school-master. The cabin was left deserted-the hospitable door held closed by a deer-skin latch caught to a wooden pin outside.
It was a strange humiliation to Jack thus to be led along the highway, like a criminal going to the gallows. There was no power on earth that could have moved him from Chad"s side, other than the boy"s own command-but old Joel had sworn that he would keep the dog tied and the old hunter always kept his word. He had sworn, too, that Jack should have a fair trial. Therefore, the guns-and the school-master walked with his hands behind him and his eyes on the ground: he feared trouble.
Half a mile up the river and to one side of the road, a s.p.a.ce of some thirty feet square had been cut into a patch of rhododendron and filled with rude benches of slabs-in front of which was a rough platform on which sat a home-made, cane-bottomed chair. Except for the opening from the road, the s.p.a.ce was walled with a circle of living green through which the sun dappled the benches with quivering disks of yellow light-and, high above, great poplars and oaks arched their mighty heads. It was an open-air "meeting-house" where the circuit-rider preached during his summer circuit and there the trial was to take place.
Already a crowd was idling, whittling, gossiping in the road, when the Turner cavalcade came in sight-and for ten miles up and down the river people were coming in for the trial.
"Mornin", gentlemen," said old Joel, gravely.
"Mornin"," answered several, among whom was the Squire, who eyed Joel"s gun and the guns coming up the road.
"Squirrel-huntin"?" he asked and, as the old hunter did not answer, he added, sharply:
"Air you afeerd, Joel Turner, that you ain"t a-goin" to git justice from ME?"
"I don"t keer whar it comes from," said Joel, grimly-"but I"m a-goin" to HAVE it."
It was plain that the old man not only was making no plea for sympathy, but was alienating the little he had: and what he had was very little, for who but a lover of dogs can give full sympathy to his kind? And, then, Jack was believed to be guilty. It was curious to see how each Dillon shrank unconsciously as the Turners gathered-all but Jerry, one of the giant twins. He always stood his ground-fearing nor man, nor dog-nor devil.
Ten minutes later, the Squire took his seat on the platform, while the circuit-rider squatted down beside him. The crowd, men and women and children, took the rough benches. To one side sat and stood the Dillons, old Tad and little Tad, Daws, Nance, and others of the tribe. Straight in front of the Squire gathered the Turners about Melissa and Chad-and Jack as a centre-with Jack squatted on his hanches foremost of all, facing the Squire with grave dignity and looking at none else save, occasionally, the old hunter or his little master.
To the right stood the sheriff with his rifle, and on the outskirts hung the school-master. Quickly the old Squire chose a jury-giving old Joel the opportunity to object as he called each man"s name. Old Joel objected to none, for every man called, he knew, was more friendly to him than to the Dillons: and old Tad Dillon raised no word of protest, for he knew his case was clear. Then began the trial, and any soul that was there would have shuddered could he have known how that trial was to divide neighbor against neighbor, and mean death and bloodshed for half a century after the trial itself was long forgotten.
The first witness, old Tad-long, lean, stooping, crafty-had seen the sheep rushing wildly up the hill-side ""bout crack o" day," he said, and had sent Daws up to see what the matter was. Daws had shouted back:
"That d.a.m.ned Turner dog has killed one o" our sheep. Thar he comes now. Kill him!" And old Tad had rushed in-doors for his rifle and had taken a shot at Jack as he leaped into the road and loped for home. Just then a stern, thick little voice rose from behind Jack:
"Hit was a G.o.d"s blessin" fer you that you didn"t hit him."
The Squire glared down at the boy and old Joel said, kindly:
"Hush, Chad."
Old Dillon had then gone down to the Turners and asked them to kill the dog, but old Joel had refused.
"Whar was Whizzer?" Chad asked, sharply.
"You can"t axe that question," said the Squire. "Hit"s er-er-irrelevant."
Daws came next. When he reached the fence upon the hill-side he could see the sheep lying still on the ground. As he was climbing over, the Turner dog jumped the fence and Daws saw blood on his muzzle.
"How close was you to him?" asked the Squire.
""Bout twenty feet," said Daws.
"Humph!" said old Joel.
"Whar was Whizzer?" Again the old Squire glared down at Chad.
"Don"t you axe that question again, boy. Didn"t I tell you hit was irrelevant?"
"What"s irrelevant?" the boy asked, bluntly.
The Squire hesitated. "Why-why, hit ain"t got nothin" to do with the case."
"Hit ain"t?" shouted Chad.
"Joel," said the Squire, testily, "ef you don"t keep that boy still, I"ll fine him fer contempt o" court."
Joel laughed, but he put his heavy hand on the boy"s shoulder. Little Tad Dillon and Nance and the Dillon mother had all seen Jack running down the road. There was no doubt but that it was the Turner dog. And with this clear case against poor Jack, the Dillons rested. And what else could the Turners do but establish Jack"s character and put in a plea of mercy-a useless plea, old Joel knew-for a first offence? Jack was the best dog old Joel had ever known, and the old man told wonderful tales of the dog"s intelligence and kindness and how one night Jack had guarded a stray lamb that had broken its leg-until daybreak-and he had been led to the dog and the sheep by Jack"s barking for help. The Turner boys confirmed this story, though it was received with incredulity.
How could a dog that would guard one lone helpless lamb all night long take the life of another?
There was no witness that had aught but kind words to say of the dog or aught but wonder that he should have done this thing-even back to the cattle-dealer who had given him to Chad. For at that time the dealer said-so testified Chad, no objection being raised to hearsay evidence-that Jack was the best dog he ever knew. That was all the Turners or anybody could do or say, and the old Squire was about to turn the case over to the jury when Chad rose:
"Squire," he said and his voice trembled, "Jack"s my dog. I lived with him night an" day for "bout three years an" I want to axe some questions."
He turned to Daws:
"I want to axe you ef thar was any blood around that sheep."
"Thar was a great big pool o" blood," said Daws, indignantly. Chad looked at the Squire.
"Well, a sheep-killin" dog don"t leave no great big pool o" blood, Squire, with the FUST one he kills! He SUCKS it!" Several men nodded their heads.
"Squire! The fust time I come over these mountains, the fust people I seed was these Dillons-an" Whizzer. They sicked Whizzer on Jack hyeh and Jack whooped him. Then Tad thar jumped me and I whooped him." (The Turner boys were nodding confirmation.) "Sence that time they"ve hated Jack an" they"ve hated me and they hate the Turners partly fer takin" keer o" me. Now you said somethin" I axed just now was irrelevant, but I tell you, Squire, I know a sheep-killin" dawg, and jes" as I know Jack AIN"T, I know the Dillon dawg naturely is, and I tell you, if the Dillons" dawg killed that sheep and they could put it on Jack-they"d do it. They"d do it-Squire, an" I tell you, you-ortern"t-to let-that sheriff-thar-shoot my-dog-until the Dillons answers what I axed-" the boy"s pa.s.sionate cry rang against the green walls and out the opening and across the river-
"WHAR"S WHIZZER?"
The boy startled the crowd and the old Squire himself, who turned quickly to the Dillons.
"Well, whar is Whizzer?"
n.o.body answered.
"He ain"t been seen, Squire, sence the evenin" afore the night o" the killin"!" Chad"s statement seemed to be true. Not a voice contradicted.
"An" I want to know if Daws seed signs o" killin" on Jack"s head when he jumped the fence, why them same signs didn"t show when he got home."
Poor Chad! Here old Tad Dillon raised his hand.
"Axe the Turners, Squire," he said, and as the school-master on the outskirts shrank, as though he meant to leave the crowd, the old man"s quick eye caught the movement and he added:
"Axe the school-teacher!"
Every eye turned with the Squire"s to the master, whose face was strangely serious straightway.