Chapter I.

It may be remembered that it was the habit of that gallant"war-horse"of the Calaveras democracy, Colonel Starbottle, at the close of a political campaign, to return to his original profession of the Law. Perhaps it could not be called a peaceful retirement. The same fiery-tongued eloquence and full-breasted chivalry which had in turns thrilled and overawed freemen at the polls were no less fervid and embattled before a jury. Yet the Colonel was counsel for two or three pastoral Ditch companies and certain bucolic corporations, and although he managed to import into the simplest question of contract more or less abuse of opposing counsel, and occasionally mingled precedents of law with antecedents of his adversary, his legal victories were seldom complicated by bloodshed. He was only once shot at by a free-handed judge, and twice assaulted by an over-sensitive litigant. Nevertheless, it was thought merely prudent, while preparing the papers in the well known case of"The Arcadian Shepherds'Association of Tuolumne versus the Kedron Vine and Fig Tree Growers of Calaveras,"that the Colonel should seek with a shotgun the seclusion of his partner's law office in the sylvan outskirts of Rough and Ready for that complete rest and serious preoccupation which Marysville could not afford.

It was an exceptionally hot day. The painted shingles of the plain wooden one-storied building in which the Colonel sat were warped and blistering in the direct rays of the fierce, untempered sun. The tin sign bearing the dazzling legend,"Starbottle and Bungstarter, Attorneys and Counselors,"glowed with an insufferable light; the two pine-trees still left in the clearing around the house, ineffective as shade, seemed only to have absorbed the day-long heat through every scorched and crisp twig and fibre, to radiate it again with the pungent smell of a slowly smouldering fire; the air was motionless yet vibrating in the sunlight; on distant shallows the half-dried river was flashing and intolerable.

Seated in a wooden armchair before a table covered with books and papers, yet with that apparently haughty attitude towards it affected by gentlemen of abdominal fullness, Colonel Starbottle supported himself with one hand grasping the arm of his chair and the other vigorously plying a huge palm-leaf fan. He was perspiring freely. He had taken off his characteristic blue frock-coat, waistcoat, cravat, and collar, and, stripped only to his ruffled shirt and white drill trousers, presented the appearance from the opposite side of the table of having hastily risen to work in his nightgown. A glass with a thin sediment of sugar and lemon-peel remaining in it stood near his elbow. Suddenly a black shadow fell on the staring, uncarpeted hall. It was that of a stranger who had just entered from the noiseless dust of the deserted road. The Colonel cast a rapid glance at his sword-cane, which lay on the table.

But the stranger, although sallow and morose-looking, was evidently of pacific intent. He paused on the threshold in a kind of surly embarrassment.

"I reckon this is Colonel Starbottle,"he said at last, glancing gloomily round him, as if the interview was not entirely of his own seeking."We ll, I've seen you often enough, though you don't know me. My name's Jo Corbin. I guess,"he added, still discontentedly,"I have to consult you about something."

"Corbin?"repeated the Colonel in his jauntiest manner."Ah! Any relation to old Maje Corbin of Nashville, sir?"

"No,"said the stranger briefly."I'm from Shelbyville."

"The Major,"continued the Colonel, half closing his eyes as if to follow the Major into the dreamy past,"the old Major, sir, a matter of five or six years ago, was one of my most intimate political friends,—in fact, sir, my most intimate friend. Take a chyar!"

But the stranger had already taken one, and during the Colonel's reminiscence had leaned forward, with his eyes on the ground, discontentedly swinging his soft hat between his legs."Did you know Tom Frisbee, of Yolo?"he asked abruptly.

"Er—no."

"Nor even heard anything about Frisbee, nor what happened to him?"continued the man, with aggrieved melancholy.

In point of fact the Colonel did not think that he had.

"Nor anything about his being killed over at Fresno?"said the stranger, with a desponding implication that the interview after all was a failure.

"If—er—if you could—er—give me a hint or two,"suggested the Colonel blandly.

"The re wasn't much,"said the stranger,"if you don't remember."He paused, then rising, he gloomily dragged his chair slowly beside the table, and taking up a paperweight examined it with heavy dissatisfaction."You see,"he went on slowly,"I killed him—it was a quo'll. He was my pardner, but I reckon he must have drove me hard. Yes, sir,"he added with aggrieved reflection,"I reckon he drove me hard."

The Colonel smiled courteously, slightly expanding his chest under the homicidal relation, as if, having taken it in and made it a part of himself, he was ready, if necessary, to become personally responsible for it. Then lifting his empty glass to the light, he looked at it with half closed eyes, in polite imitation of his companion's examination of the paper-weight, and set it down again. A casual spectator from the window might have imagined that the two were engaged in an Amicable inventory of the furniture.

"And the—er—actual circumstances?"asked the Colonel.

"Oh, it was fair enough fight. THEY'LL tell you that. And so would HE, I reckon—if he could. He was ugly and bedev'lin', but I didn't care to quo'll, and give him the go-by all the time. He kept on, followed me out of the shanty, drew, and fired twice. I"—he stopped and regarded his hat a moment as if it was a corroborating witness—"I—I closed with him—I had to—it was my only chance, and that ended it—and with his own revolver. I never drew mine."

"I see,"said the Colonel, nodding,"clearly justifiable and honorable as regards the code. And you wish me to defend you?"

The stranger's gloomy expression of astonishment now turned to blank hopelessness.

"I knew you didn't understand,"he said, despairingly."Why, all THAT was TWO YEARS AGO. It's all settled and done and gone. The jury found for me at the inquest. It ain't THAT I want to see you about. It's something arising out of it."

"Ah,"said the Colonel, affably,"a vendetta, perhaps. Some friend or relation of his taken up the quarrel?"

The stranger looked abstractedly at Starbottle."You think a relation might; or would feel in that sort of way?"

"Why, blank it all, sir,"said the Colonel,"nothing is more common. Why, in'52 one of my oldest friends, Doctor Byrne, of St. Jo, the seventh in a line from old General Byrne, of St. Louis, was killed, sir, by Pinkey Riggs, seventh in a line from Senator Riggs, of Kentucky. Original cause, sir, something about a d——d roasting ear, or a blank persimmon in 1832; forty-seven men wiped out in twenty years. Fact, sir."

"It ain't that,"said the stranger, moving hesitatingly in his chair."If it was anything of that sort I wouldn't mind,—it might bring matters to a wind-up, and I shouldn't have to come here and have this cursed talk with you."

It was so evident that this frank and unaffected expression of some obscure disgust with his own present position had no other implication, that the Colonel did not except to it. Yet the man did not go on. He stopped and seemed lost in sombre contemplation of his hat.

The Colonel leaned back in his chair, fanned himself elegantly, wiped his forehead with a large pongee handkerchief, and looking at his companion, whose shadowed abstraction seemed to render him impervious to the heat, said:—

"My dear Mr. Corbin, I perfectly understand you. Blank it all, sir, the temperature in this infernal hole is quite enough to render any confidential conversation between gentlemen upon delicate matters utterly impossible. It's almost as near Hades, sir, as they make it,—as I trust you and I, Mr. Corbin, will ever experience. I propose,"continued the Colonel, with airy geniality,"some light change and refreshment. The bar-keeper of the Magnolia is—er—I may say, sir, facile princeps in the concoction of mint juleps, and there is a back room where I have occasionally conferred with political leaders at election time. It is but a step, sir—in fact, on Main Street—round the corner."

The stranger looked up and then rose mechanically as the Colonel resumed his coat and waistcoat, but not his collar and cravat, which lay limp and dejected among his papers. Then, sheltering himself beneath a large-brimmed Panama hat, and hooking his cane on his arm, he led the way, fan in hand, into the road, tiptoeing in his tight, polished boots through the red, impalpable dust with his usual jaunty manner, yet not without a profane suggestion of burning ploughshares. The stranger strode in silence by his side in the burning sun, impenetrable in his own morose shadow.

But the Magnolia was fragrant, like its namesake, with mint and herbal odors, cool with sprinkled floors, and sparkling with broken ice on its counters, like dewdrops on white, unfolded petals—and slightly soporific with the subdued murmur of droning loungers, who were heavy with its sweets. The gallant Colonel nodded with confidential affability to the spotless-shirted bar-keeper, and then taking Corbin by the arm fraternally conducted him into a small apartment in the rear of the bar-room. It was evidently used as the office of the proprietor, and contained a plain desk, table, and chairs. At the rear window, Nature, not entirely evicted, looked in with a few straggling buckeyes and a dusty myrtle, over the body of a lately-felled pine-tree, that flaunted from an upflung branch a still green spray as if it were a drooping banner lifted by a dead but rigid arm. From the adjoining room the faint, monotonous click of billiard balls, languidly played, came at intervals like the dry notes of cicale in the bushes.

The bar-keeper brought two glasses crowned with mint and diademed with broken ice. The Colonel took a long pull at his portion, and leaned back in his chair with a bland gulp of satisfaction and dreamily patient eyes. The stranger mechanically sipped the contents of his glass, and then, without having altered his reluctant expression, drew from his breast-pocket a number of old letters. Holding them displayed in his fingers like a difficult hand of cards, and with something of the air of a dispirited player, he began:—

"You see, about six months after this yer trouble I got this letter."He picked out a well worn, badly written missive, and put it into Colonel Starbottle's hands, rising at the same time and leaning over him as he read."You see, she that writ it says as how she hadn't heard from her son for a long time, but owing to his having spoken once about ME, she was emboldened to write and ask me if I knew what had gone of him."He was pointing his finger at each line of the letter as he read it, or rather seemed to translate it from memory with a sad familiarity."Now,"he continued in parenthesis,"you see this kind o'got me. I knew he had got relatives in Kentucky. I knew that all this trouble had been put in the paper with his name and mine, but this here name of Martha Jeffcourt at the bottom didn't seem to jibe with it. Then I remembered that he had left a lot of letters in his trunk in the shanty, and I looked'em over. And I found that his name WAS Tom Jeffcourt, and that he'd been passin'under the name of Frisbee all this time."

"Perfectly natural and a frequent occurrence,"interposed the Colonel cheerfully."Only last year I met an old friend whom we'll call Stidger, of New Orleans, at the Union Club,'Frisco.'How are you, Stidger?'I said;'I haven't seen you since we used to meet—driving over the Shell Road in'53.''Excuse me, sir,'said he,'my name is not Stidger, it's Brown.'I looked him in the eye, sir, and saw him quiver.'Then I must apologize to Stidger,'I said,'for supposing him capable of changing his name.'He came to me an hour after, all in a tremble.'For God's sake, Star,'he said,—always called me Star,—'don't go back on me, but you know family affairs—another woman, beautiful creature,'etc., etc.,—yes, sir, perfectly common, but a blank mistake. When a man once funks his own name he'll turn tail on anything. Sorry for this man, Friezecoat, or Turncoat, or whatever's his d——d name; but it's so."

The suggestion did not, however, seem to raise the stranger's spirits or alter his manner."His name was Jeffcourt, and this here was his mother,"he went on drearily;"and you see here she says"—pointing to the letter again—"she's been expecting money from him and it don't come, and she's mighty hard up. And that gave me an idea. I don't know,"he went on, regarding the Colonel with gloomy doubt,"as you'll think it was much; I don't know as you wouldn't call it a d——d fool idea, but I got it all the same."He stopped, hesitated, and went on."You see this man, Frisbee or Jeffcourt, was my pardner. We were good friends up to the killing, and then he drove me hard. I think I told you he drove me hard,—didn't I? We ll, he did. But the idea I got was this. Considerin'I killed him after all, and so to speak disappointed them, I reckoned I'd take upon myself the care of that family and send'em money every month."

The Colonel slightly straitened his clean-shaven mouth."A kind of expiation or amercement by fine, known to the Mosaic, Roman, and old English law. Gad, sir, the Jews might have made you MARRY his widow or sister. An old custom, and I think superseded—sir, properly superseded—by the alternative of ordeal by battle in the mediaeval times. I don't myself fancy these pecuniary fashions of settling wrongs,—but go on."

"I wrote her,"continued Corbin,"that her son was dead, but that he and me had some interests together in a claim, and that I was very glad to know where to send her what would be his share every month. I thought it no use to tell her I killed him,—may be she might refuse to take it. I sent her a hundred dollars every month since. Sometimes it's been pretty hard sleddin'to do it, for I ain't rich; sometimes I've had to borrow the money, but I reckoned that I was only paying for my share in this here business of his bein'dead, and I did it."

"And I understand you that this Jeffcourt really had no interest in your claim?"

Corbin looked at him in dull astonishment."Not a cent, of course; I thought I told you that. But that weren't his fault, for he never had anything, and owed me money. In fact,"he added gloomily,"it was because I hadn't any more to give him—havin'sold my watch for grub—that he quo'lled with me that day, and up and called me a'sneakin'Yankee hound.'I told you he drove me hard."

The Colonel coughed slightly and resumed his jaunty manner."And the—er—mother was, of course, grateful and satisfied?"

"We ll, no,—not exactly."He stopped again and took up his letters once more, sorted and arranged them as if to play out his unfinished but hopeless hand, and drawing out another, laid it before the Colonel."You see, this Mrs. Jeffcourt, after a time, reckoned she ought to have MORE money than I sent her, and wrote saying that she had always understood from her son (he that never wrote but once a year, remember) that this claim of ours (that she never knew of, you know) was paying much more than I sent her—and she wanted a return of accounts and papers, or she'd write to some lawyer, mighty quick. We ll, I reckoned that all this was naturally in the line of my trouble, and I DID manage to scrape together fifty dollars more for two months and sent it. But that didn't seem to satisfy her—as you see."He dealt Colonel Starbottle another letter from his baleful hand with an unchanged face."When I got that,—well, I just up and told her the whole thing. I sent her the account of the fight from the newspapers, and told her as how her son was the Frisbee that was my pardner, and how he never had a cent in the world—but how I'd got that idea to help her, and was willing to carry it out as long as I could."