“Wait,” he said. “Then what did he do?” he said to Eck. “Just lead the horse up and put the rope in your hand?”
“No,” Eck said. “Him nor nobody else never got no ropes on none of them. He just pointed to the horse in the lot and said it was mine and auctioned off the rest of them and got into the buggy and said goodbye and druv off. And we got our ropes and went into the lot, only Lon Quick forgot to shut the gate. I’m sorry it made Tull’s mules snatch him outen the wagon. How much do I owe him?” Then he stopped, because the Justice was no longer looking at him and, as he realised a moment later, no longer listening either. Instead, he was sitting back in the chair, actually leaning back in it for the first time, his head bent slightly and his hands resting on the table before him, the fingers lightly overlapped. They watched him quietly for almost a half-minute before anyone realised that he was looking quietly and steadily at Mrs Tull.
“Well, Mrs Tull,” he said, “by your own testimony, Eck never owned that horse.”
“What?” Mrs Tull said. It was not loud at all. “What did you say?”
“In the law, ownership cant be conferred or invested by word-of-mouth. It must be established either by recorded or authentic document, or by possession or occupation. By your testimony and his both, he never gave that Texas man anything in exchange for that horse, and by his testimony the Texas man never gave him any paper to prove he owned it, and by his testimony and by what I know myself from these last four weeks, nobody yet has ever laid hand or rope either on any one of them. So that horse never came into Eck’s possession at all. That Texas man could have given that same horse to a dozen other men standing around that gate that day, without even needing to tell Eck he had done it; and Eck himself could have transferred all his title and equity in it to Mr Tull right there while Mr Tull was lying unconscious on that bridge just by thinking it to himself, and Mr Tull’s title would be just as legal as Eck’s.”
“So I get nothing,” Mrs Tull said. Her voice was still calm, quiet, though probably no one but Tull realised that it was too calm and quiet. “My team is made to run away by a wild spotted mad-dog, my wagon is wrecked; my husband is jerked out of it and knocked unconscious and unable to work for a whole week with less than half of our seed in the ground, and I get nothing.”
“Wait,” the Justice said. “The law—”
“The law,” Mrs Tull said. She stood suddenly up—a short, broad, strong woman, balanced on the balls of her planted feet.
“Now, mamma,” Tull said.
“Yes, ma’am,” the Justice said. “Your damages are fixed by statute. The law says that when a suit for damages is brought against the owner of an animal which has committed damage or injury, if the owner of the animal either cant or wont assume liability, the injured or damaged party shall find recompense in the body of the animal. And since Eck Snopes never owned that horse at all, and since you just heard a case here this morning that failed to prove that Flem Snopes had any equity in any of them, that horse still belongs to that Texas man. Or did belong. Because now that horse that made your team run away and snatch your husband out of the wagon, belongs to you and Mr Tull.”
“Now, mamma!” Tull said. He rose quickly. But Mrs Tull was still quiet, only quite rigid and breathing hard, until Tull spoke. Then she turned on him, not screaming: shouting; presently the bailiff was banging the table-top with his hand-polished hickory cane and roaring “Order! Order!” while the neat old man, thrust backward in his chair as though about to dodge and trembling with an old man’s palsy, looked on with amazed unbelief.
“The horse!” Mrs Tull shouted. “We see it for five seconds, while it is climbing into the wagon with us and then out again. Then it’s gone, God dont know where and thank the Lord He dont! And the mules gone with it and the wagon wrecked and you laying there on the bridge with your face full of kindling-wood and bleeding like a hog and dead for all we knew. And he gives us the horse! Dont you hush me! Get on to that wagon, fool that would sit there behind a pair of young mules with the reins tied around his wrist! Get on to that wagon, all of you!”
“I cant stand no more!” the old Justice cried. “I wont! This court’s adjourned! Adjourned!”
There was another trial then. It began on the following Monday and most of those same faces watched it too, in the county court house in Jefferson when the prisoner entered between two officers and looking hardly larger than a child, in a suit of brand-new overalls, thin, almost frail-looking, the sombre violent face thin in repose and pallid from the eight months in jail, and was arraigned and then plead by the counsel appointed him by the Court—a young man graduated only last June from the State University’s law school and admitted to the Bar, who did what he could and overdid what he could not, zealous and, for all practical purposes and results, ignored, having exhausted all his challenges before the State had made one and in despite of which seeing himself faced by an authenticated jury in almost record time as if the State, the public, all rational mankind, possessed an inexhaustible pool of interchangeable faces and names all cradling one identical conviction and intention, so that his very challenges could have been discharged for him by the janitor who opened the court-room, by merely counting off the first members of the panel corresponding to that number. And, if the defendant’s counsel had had any detachment and objectivity left at all by then, he probably realised soon that it was not his client but himself who was embattled with that jury. Because his client was paying no attention whatever to what was going on. He did not seem to be interested in watching and listening to it as someone else’s trial. He sat where they had placed him, manacled to one of the officers, small, in the new iron-hard board-stiff overalls, the back of his head toward the Bar and what was going on there and his upper body shifting constantly until they realised that he was trying to watch the rear of the room, the doors and who entered them. He had to be spoken to twice before he stood up and plead and continued to stand, his back completely turned to the Court now, his face sombre, thin, curiously urgent and quite calm and with something else in it which was not even just hope but was actual faith, looking not at his wife who sat on the bench just behind him but out into the crowded room, among the ranked and intent faces some of which, most of which, he knew, until the officer he was handcuffed to pulled him down again. And he sat that way through the rest of the brief and record day-and-a-quarter of his trial, the small, neatly-combed, vicious and ironlike incorrigible head turning and craning constantly to see backward past the bulk of the two officers, watching the entrance while his attorney did what he could, talked himself frantic and at last voiceless before the grave impassivity of the jury which resembled a conclave of grown men self-delegated with the necessity (though for a definitely specified and limited time) of listening to prattle of a licensed child. And still the client listened to none of it, watching constantly the rear of the room while toward the end of the first day the faith went out of his face, leaving only the hope, and at the beginning of the second day the hope was gone too and there was only the urgency, the grim and intractable sombreness, while still he watched the door. The State finished in mid-morning of the second day. The jury was out twenty minutes and returned with a ballot of murder in the second degree; the prisoner stood again and was sentenced by the Court to be transported to the State Penal Farm and there remain until he died. But he was not listening to that either; he had not only turned his back to the Court to look out into the crowded room, he was speaking himself even before the Judge had ceased, continuing to speak even while the Judge hammered the desk with his gavel and the two officers and three bailiffs converged upon the prisoner as he struggled, flinging them back and for a short time actually successful, staring out into the room. “Flem Snopes!” he said. “Flem Snopes! Is Flem Snopes in this room? Tell that son of a bitch—”
Old Man
Once (it was in Mississippi, in May, in the flood year 1927) there were two convicts. One of them was about twenty-five, tall, lean, flat-stomached, wi
th a sunburned face and Indian-black hair and pale, china-colored outraged eyes—an outrage directed not at the men who had foiled his crime, not even at the lawyers and judges who had sent him here, but at the writers, the uncorporeal names attached to the stories, the paper novels—the Diamond Dicks and Jesse Jameses and such—whom he believed had led him into his present predicament through their own ignorance and gullibility regarding the medium in which they dealt and took money for, in accepting information on which they placed the stamp of verisimilitude and authenticity (this so much the more criminal since there was no sworn notarised statement attached and hence so much the quicker would the information be accepted by one who expected the same unspoken good faith, demanding, asking, expecting no certification, which he extended along with the dime or fifteen cents to pay for it) and retailed for money and which on actual application proved to be impractical and (to the convict) criminally false; there would be times when he would halt his mule and plow in midfurrow (there is no walled penitentiary in Mississippi; it is a cotton plantation which the convicts work under the rifles and shotguns of guards and trusties) and muse with a kind of enraged impotence, fumbling among the rubbish left him by his one and only experience with courts and law, fumbling until the meaningless and verbose shibboleth took form at last (himself seeking justice at the same blind fount where he had met justice and been hurled back and down): using the mails to defraud: who felt that he had been defrauded by the third class mail system not of crass and stupid money which he did not particularly want anyway, but of liberty and honor and pride.
He was in for fifteen years (he had arrived shortly after his nineteenth birthday) for attempted train robbery. He had laid his plans in advance, he had followed his printed (and false) authority to the letter; he had saved the paper-backs for two years, reading and rereading them, memorising them, comparing and weighing story and method against story and method, taking the good from each and discarding the dross as his workable plan emerged, keeping his mind open to make the subtle last-minute changes, without haste and without impatience, as the newer pamphlets appeared on their appointed days as a conscientious dressmaker makes the subtle alterations in a court presentation costume as the newer bulletins appear. And then when the day came, he did not even have a chance to go through the coaches and collect the watches and the rings, the brooches and the hidden money-belts, because he had been captured as soon as he entered the express car where the safe and the gold would be. He had shot no one because the pistol which they took away from him was not that kind of a pistol although it was loaded; later he admitted to the District Attorney that he had got it, as well as the dark lantern in which a candle burned and the black handkerchief to wear over the face, by peddling among his pine-hill neighbors subscriptions to the Detectives’ Gazette. So now from time to time (he had ample leisure for it) he mused with that raging impotence because there was something else he could not tell them at the trial, did not know how to tell them. It was not the money he had wanted. It was not riches, not the crass loot; that would have been merely a bangle to wear upon the breast of his pride like the Olympic runner’s amateur medal—a symbol, a badge to show that he too was the best at his chosen gambit in the living and fluid world of his time. So that at times as he trod the richly shearing black earth behind his plow or with a hoe thinned the sprouting cotton and corn or lay on his sullen back in his bunk after supper, he cursed in a harsh steady unrepetitive stream, not at the living men who had put him where he was but at what he did not even know were pen-names, did not even know were not actual men but merely the designations of shades who had written about shades.
The second convict was short and plump. Almost hairless, he was quite white. He looked like something exposed to light by turning over rotting logs or planks and he too carried (though not in his eyes like the first convict) a sense of burning and impotent outrage. So it did not show on him and hence none knew it was there. But then nobody knew very much about him, including the people who had sent him here. His outrage was directed at no printed word but at the paradoxical fact that he had been forced to come here of his own free choice and will. He had been forced to choose between the Mississippi State penal farm and the Federal Penitentiary at Atlanta, and the fact that he, who resembled a hairless and pallid slug, had chosen the out-of-doors and the sunlight was merely another manifestation of the close-guarded and solitary enigma of his character, as something recognisable roils momentarily into view from beneath stagnant and opaque water, then sinks again. None of his fellow prisoners knew what his crime had been, save that he was in for a hundred and ninety-nine years—this incredible and impossible period of punishment or restraint itself carrying a vicious and fabulous quality which indicated that his reason for being here was such that the very men, the paladins and pillars of justice and equity who had sent him here had during that moment become blind apostles not of mere justice but of all human decency, blind instruments not of equity but of all human outrage and vengeance, acting in a savage personal concert, judge lawyer and jury, which certainly abrogated justice and possibly even law. Possibly only the Federal and State’s attorneys knew what the crime actually was. There had been a woman in it and a stolen automobile transported across a state line, a filling station robbed and the attendant shot to death. There had been a second man in the car at the time and anyone could have looked once at the convict (as the two attorneys did) and known he would not even have had the synthetic courage of alcohol to pull trigger on anyone. But he and the woman and the stolen car had been captured while the second man, doubtless the actual murderer, had escaped, so that, brought to bay at last in the State’s Attorney’s office, harried, dishevelled and snarling, the two grimly implacable and viciously gleeful attorneys in his front and the now raging woman held by two policemen in the anteroom in his rear, he was given his choice. He could be tried in Federal Court under the Mann Act and for the automobile, that is, by electing to pass through the anteroom where the woman raged he could take his chances on the lesser crime in Federal Court, or by accepting a sentence for manslaughter in the State Court he would be permitted to quit the room by a back entrance, without having to pass the woman. He had chosen; he stood at the Bar and heard a judge (who looked down at him as if the District Attorney actually had turned over a rotten plank with his toe and exposed him) sentence him to a hundred and ninety-nine years at the State Farm. Thus (he had ample leisure too; they had tried to teach him to plow and had failed, they had put him in the blacksmith shop and the foreman trusty himself had asked to have him removed: so that now, in a long apron like a woman, he cooked and swept and dusted in the deputy wardens’ barracks) he too mused at times with that sense of impotence and outrage though it did not show on him as on the first convict since he leaned on no halted broom to do it and so none knew it was there.
It was this second convict who, toward the end of April, began to read aloud to the others from the daily newspapers when, chained ankle to ankle and herded by armed guards, they had come up from the fields and had eaten supper and were gathered in the bunkhouse. It was the Memphis newspaper which the deputy wardens had read at breakfast; the convict read aloud from it to his companions who could have had but little active interest in the outside world, some of whom could not have read it for themselves at all and did not even know where the Ohio and Missouri river basins were, some of whom had never even seen the Mississippi river although for past periods ranging from a few days to ten and twenty and thirty years (and for future periods ranging from a few months to life) they had plowed and planted and eaten and slept beneath the shadow of the levee itself, knowing only that there was water beyond it from hearsay and because now and then they heard the whistles of steamboats from beyond it, and during the last week or so had seen the stacks and pilot houses moving along the sky sixty feet above their heads.
But they listened, and soon even those who like the taller convict had probably never before seen more water than a horse pond would hold knew what th
irty feet on a river gauge at Cairo or Memphis meant and could (and did) talk glibly of sandboils. Perhaps what actually moved them were the accounts of the conscripted levee gangs, mixed blacks and whites working in double shifts against the steadily rising water; stories of men, even though they were negroes, being forced like themselves to do work for which they received no other pay than coarse food and a place in a mudfloored tent to sleep on—stories, pictures, which emerged from the shorter convict’s reading voice: the mudsplashed white men with the inevitable shotguns, the antlike lines of negroes carrying sandbags, slipping and crawling up the steep face of the revetment to hurl their futile ammuntion into the face of a flood and return for more. Or perhaps it was more than this. Perhaps they watched the approach of the disaster with that same amazed and incredulous hope of the slaves—the lions and bears and elephants, the grooms and bathmen and pastrycooks—who watched the mounting flames of Rome from Ahenobarbus’ gardens. But listen they did and presently it was May and the warden’s newspaper began to talk in headlines two inches tall—those black staccato slashes of ink which, it would almost seem, even the illiterate should be able to read: Crest Passes Memphis at Midnight. 4000 Homeless in White River Basin. Governor Calls out National Guard Martial Law Declared in Following Counties. Red Cross Train with Secretary Hoover Leaves Washington Tonight; then, three evenings later (It had been raining all day—not the vivid brief thunderous downpours of April and May, but the slow steady gray rain of November and December before a cold north wind. The men had not gone to the fields at all during the day, and the very second-hand optimism of the almost twenty-four-hour old news seemed to contain its own refutation.): Crest Now Below Memphis. 22,000 Refugees Safe at Vicksburg. Army Engineers Say Levees Will Hold.