The Judgment Of Bolinas Plain

Where he fell there he lay without an outcry, with only one movement,—the curved and grasping fingers of the fighter's hand towards his guarded hip. Where he fell there he lay dead, his face downwards, his good right arm still curved around across his back. Nothing of him moved but his blood,—broadening slowly round him in vivid color, and then sluggishly thickening and darkening until it stopped too, and sank into the earth, a dull brown stain. For an instant the stillness of death followed the echoless report, then there was a quick and feverish rustling within the barn, the hurried opening of a window in the loft, scurrying footsteps, another interval of silence, and then out of the farther darkness the sounds of horse-hoofs in the muffled dust of the road. But not a sound or movement in the sleeping house beyond.

The stars at last paled slowly, the horizon lines came back,—a thin streak of opal fire. A solitary bird twittered in the bush beside the spring. Then the back door of the house opened, and the constable came forth, half-awakened and apologetic, and with the bewildered haste of a belated man. His eyes were level, looking for his missing leader as he went on, until at last he stumbled and fell over the now cold and rigid body. He scrambled to his feet again, cast a hurried glance around him,—at the half-opened door of the barn, at the floor littered with trampled hay. In one corner lay the ragged blouse and trousers of the fugitive, which the constable instantly recognized. He went back to the house, and reappeared in a few moments with Ira, white, stupefied, and hopelessly bewildered; clear only in his statement that his wife had just fainted at the news of the catastrophe, and was equally helpless in her own room. The constable—a man of narrow ideas but quick action—saw it all. The mystery was plain without further evidence. The deputy had been awakened by the prowling of the fugitive around the house in search of a horse. Sallying out, they had met, and Ira's gun, which stood in the kitchen, and which the deputy had seized, had been wrested from him and used with fatal effect at arm's length, and the now double assassin had escaped on the sheriff's horse, which was missing. Turning the body over to the trembling Ira, he saddled his horse and galloped to Lowville for assistance.

These facts were fully established at the hurried inquest which met that day. There was no need to go behind the evidence of the constable, the only companion of the murdered man and first discoverer of the body. The fact that he, on the ground floor, had slept through the struggle and the report, made the obliviousness of the couple in the room above a rational sequence. The dazed Ira was set aside, after half a dozen contemptuous questions; the chivalry of a Californian jury excused the attendance of a frightened and hysterical woman confined to her room. By noon they had departed with the body, and the long afternoon shadows settled over the lonely plain and silent house. At nightfall Ira appeared at the door, and stood for some moments scanning the plain; he was seen later by two packers, who had glanced furtively at the scene of the late tragedy, sitting outside his doorway, a mere shadow in the darkness; and a mounted patrol later in the night saw a light in the bedroom window where the invalid Mrs. Beasley was confined. But no one saw her afterwards. Later, Ira explained that she had gone to visit a relative until her health was restored. Having few friends and fewer neighbors, she was not missed; and even the constable, the sole surviving guest who had enjoyed her brief eminence of archness and beauty that fatal night, had quite forgotten her in his vengeful quest of the murderer. So that people became accustomed to see this lonely man working in the fields by day, or at nightfall gazing fixedly from his doorway. At the end of three months he was known as the recluse or "hermit" of Bolinas Plain; in the rapid history-making of that epoch it was forgotten that he had ever been anything else.

But Justice, which in those days was apt to nod over the affairs of the average citizen, was keenly awake to offenses against its own officers; and it chanced that the constable, one day walking through the streets of Marysville, recognized the murderer and apprehended him. He was removed to Lowville. Here, probably through some modest doubt of the ability of the County Court, which the constable represented, to deal with purely circumstantial evidence, he was not above dropping a hint to the local Vigilance Committee, who, singularly enough, in spite of his resistance, got possession of the prisoner. It was the rainy season, and business was slack; the citizens of Lowville were thus enabled to give so notorious a case their fullest consideration, and to assist cheerfully at the ultimate hanging of the prisoner, which seemed to be a foregone conclusion.

But herein they were mistaken. For when the constable had given his evidence, already known to the county, there was a disturbance in the fringe of humanity that lined the walls of the assembly room where the committee was sitting, and the hermit of Bolinas Plain limped painfully into the room. He had evidently walked there: he was soaked with rain and plastered with mud; he was exhausted and inarticulate. But as he staggered to the witness-bench, and elbowed the constable aside, he arrested the attention of every one. A few laughed, but were promptly silenced by the court. It was a reflection upon its only virtue,—sincerity.

"Do you know the prisoner?" asked the judge.

Ira Beasley glanced at the pale face of the acrobat, and shook his head.

"Never saw him before," he said faintly.

"Then what are you doing here?" demanded the judge sternly.

Ira collected himself with evident effort, and rose to his halting feet. First he moistened his dry lips, then he said, slowly and distinctly, "Because I killed the deputy of Bolinas."

With the thrill which ran through the crowded room, and the relief that seemed to come upon him with that utterance, he gained strength and even a certain dignity.

"I killed him," he went on, turning his head slowly around the circle of eager auditors with the rigidity of a wax figure, "because he made love to my wife. I killed him because he wanted to run away with her. I killed him because I found him waiting for her at the door of the barn at the dead o' night, when she'd got outer bed to jine him. He hadn't no gun. He hadn't no fight. I killed him in his tracks. That man," pointing to the prisoner, "wasn't in it at all." He stopped, loosened his collar, and, baring his rugged throat below his disfigured ear, said: "Now take me out and hang me!"

"What proof have we of this? Where's your wife? Does she corroborate it?"

A slight tremor ran over him.

"She ran away that night, and never came back again. Perhaps," he added slowly, "because she loved him and couldn't bear me; perhaps, as I've sometimes allowed to myself, gentlemen, it was because she didn't want to bear evidence agin me."

In the silence that followed the prisoner was heard speaking to one that was near him. Then he rose. All the audacity and confidence that the husband had lacked were in HIS voice. Nay, there was even a certain chivalry in his manner which, for the moment, the rascal really believed.

"It's true!" he said. "After I stole the horse to get away, I found that woman running wild down the road, cryin' and sobbin'. At first I thought she'd done the shooting. It was a risky thing for me to do, gentlemen; but I took her up on the horse and got her away to Lowville. It was that much dead weight agin my chances, but I took it. She was a woman and—I ain't a dog!"

He was so exalted and sublimated by his fiction that for the first time the jury was impressed in his favor. And when Ira Beasley limped across the room, and, extending his maimed hand to the prisoner, said, "Shake!" there was another dead silence.

It was broken by the voice of the judge addressing the constable.

"What do you know of the deputy's attentions to Mrs. Beasley? Were they enough to justify the husband's jealousy? Did he make love to her?"

The constable hesitated. He was a narrow man, with a crude sense of the principles rather than the methods of justice. He remembered the deputy's admiration; he now remembered, even more strongly, the object of that admiration, simulating with her pretty arms the gestures of the barkeeper, and the delight it gave them. He was loyal to his dead leader, but he looked up and down, and then said, slowly and half-defiantly: "Well, judge, he was a MAN."

Everybody laughed. That the strongest and most magic of all human passions should always awake levity in any public presentment of or allusion to it was one of the inconsistencies of human nature which even a lynch judge had to admit. He made no attempt to control the tittering of the court, for he felt that the element of tragedy was no longer there. The foreman of the jury arose and whispered to the judge amid another silence. Then the judge spoke:—

"The prisoner and his witness are both discharged. The prisoner to leave the town within twenty-four hours; the witness to be conducted to his own house at the expense of, and with the thanks of, the Committee."

They say that one afternoon, when a low mist of rain had settled over the sodden Bolinas Plain, a haggard, bedraggled, and worn-out woman stepped down from a common "freighting wagon" before the doorway where Beasley still sat; that, coming forward, he caught her in his arms and called her "Sue;" and they say that they lived happily together ever afterwards. But they say—and this requires some corroboration—that much of that happiness was due to Mrs. Beasley's keeping forever in her husband's mind her own heroic sacrifice in disappearing as a witness against him, her own forgiveness of his fruitless crime, and the gratitude he owed to the fugitive.

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