Back Home. Irvin S. Cobb
am presidin' judge of the first judicial district of the state of Kintucky.”
“And have you been so long?”
“For the past sixteen years.”
“When were you admitted to the bar?”
“In 1860.”
“And you have ever since been engaged, I take it, either in the practice of the law before the bar or in its administration from the bench?”
“Exceptin' for the four years from April, 1861, to June, 1866.”
Up until now Durham had been sparring, trying to fathom the probable trend of the old judge's expected meanderings. But in the answer to the last question he thought he caught the cue and, though none save those two knew it, thereafter it was the witness who led and the questioner who followed his lead blindly.
“And where were you during those four years?”
“I was engaged, suh, in takin' part in the war.”
“The War of the Rebellion?”
“No, suh,” the old man corrected him gently but with firmness, “the War for the Southern Confederacy.”
There was a least bit of a stir at this. Aunt Tilly's tape-edged palmleaf blade hovered a brief second in the wide regular arc of its sweep and the foreman of the jury involuntarily ducked his head, as if in affiance of an indubitable fact.
“Ahem!” said Durham, still feeling his way, although now he saw the path more clearly. “And on which side were you engaged?”
“I was a private soldier in the Southern army,” the old judge answered him, and as he spoke he straightened up. “Yes, suh,” he repeated, “for four years I was a private soldier in the late Southern Confederacy. Part of the time I was down here in this very country,” he went on as though he had just recalled that part of it. “Why, in the summer of '64 I was right here in this town. And until yistiddy I hadn't been back since.”
He turned to the trial judge and spoke to him with a tone and manner half apologetic, half confidential.
“Your Honor,” he said, “I am a judge myself, occupyin' in my home state a position very similar to the one which you fill here, and whilst I realize, none better, that this ain't all accordin' to the rules of evidence as laid down in the books, yet when I git to thinkin' about them old soldierin' times I find I am inclined to sort of reminiscence round a little. And I trust your Honor will pardon me if I should seem to ramble slightly?”
His tone was more than apologetic and more than confidential. It was winning. The judge upon the bench was a veteran himself. He looked toward the prosecutor.
“Has the state's attorney any objection to this line of testimony?” he asked, smiling a little.
Certainly Gilliam had no fear that this honest-appearing old man's wanderings could damage a case already as good as won. He smiled back indulgently and waved his arm with a gesture that was compounded of equal parts of toleration and patience, with a top-dressing of contempt. “I fail,” said Gilliam, “to see wherein the military history and achievements of this worthy gentleman can possibly affect the issue of the homicide of Abner J. Rankin. But,” he added magnanimously, “if the defense chooses to encumber the record with matters so trifling and irrelevant I surely will make no objection now or hereafter.”
“The witness may proceed,” said the judge. “Well, really, Your Honor, I didn't have so very much to say,” confessed Judge Priest, “and I didn't expect there'd be any to-do made over it. What I was trying to git at was that cornin' down here to testify in this case sort of brought back them old days to my mind. As I git along more in years—” he was looking toward the jurors now—“I find that I live more and more in the past.”
As though he had put a question to them several of the jurors gravely inclined their heads. The busy cud of Juror No. 12 moved just a trifle slower in its travels from the right side of the jaw to the left and back again. “Yes, suh,” he said musingly, “I got up early this mornin' at the tavern where I'm stoppin' and took a walk through your thrivin' little city.” This was rambling with a vengeance, thought the puzzled Durham. “I walked down here to a bridge over a little creek and back again. It reminded me mightily of that other time when I passed through this town—in '64—just about this season of the year—and it was hot early today just as it was that other time—and the dew was thick on the grass, the same as 'twas then.”
He halted a moment.
“Of course your town didn't look the same this mornin' as it did that other mornin'. It seemed like to me there are twicet as many houses here now as there used to be—it's got to be quite a little city.”
Mr. Lukins, the grocer, nodded silent approval of this utterance, Mr. Lukins having but newly completed and moved into a two-story brick store building with a tin cornice and an outside staircase.
“Yes, suh, your town has grown mightily, but”—and the whiny, humorous voice grew apologetic again—“but your roads are purty much the same as they were in '64—hilly in places—and kind of rocky.”
Durham found himself sitting still, listening hard. Everybody else was listening too. Suddenly it struck Durham, almost like a blow, that this simple old man had somehow laid a sort of spell upon them all. The flattening sunrays made a kind of pink glow about the old judge's face, touching gently his bald head and his white whiskers. He droned on:
“I remember about those roads particularly well, because that time when I marched through here in '64 my feet was about out ef my shoes and them flints cut 'em up some. Some of the boys, I recollect, left bloody prints in the dust behind 'em. But shucks—it wouldn't a-made no real difference if we'd wore the bottoms plum off our feet! We'd a-kept on goin'. We'd a-gone anywhere—or tried to—behind old Bedford Forrest.”
Aunt Tilly's palmleaf halted in air and the twelfth juror's faithful quid froze in his cheek and stuck there like a small wen. Except for a general hunching forward of shoulders and heads there was no movement anywhere and no sound except the voice of the witness:
“Old Bedford Forrest hisself was leadin' us, and so naturally we just went along with him, shoes or no shoes. There was a regiment of Northern troops—Yankees—marchin' on this town that mornin', and it seemed the word had traveled ahead of 'em that they was aimin' to burn it down.
“Probably it wasn't true. When we got to know them Yankees better afterward we found out that there really wasn't no difference, to speak of, between the run of us and the run of them. Probably it wasn't so at all. But in them days the people was prone to believe 'most anything—about Yankees—and the word was that they was cornin' across country, a-burnin' and cuttin' and slashin,' and the people here thought they was going to be burned out of house and home. So old Bedford Forrest he marched all night with a battalion of us—four companies—Kintuckians and Tennesseeans mostly, with a sprinklin' of boys from Mississippi and Arkansas—some of us ridin' and some walkin' afoot, like me—we didn't always have horses enough to go round that last year. And somehow we got here before they did. It was a close race though between us—them a-comin' down from the North and us a-comin' up from the other way. We met 'em down there by that little branch just below where your present railroad depot is. There wasn't no depot there then, but the branch looks just the same now as it did then—and the bridge too. I walked acros't it this momin' to see. Yes, suh, right there was where we met 'em. And there was a right smart fight.
“Yes, suh, there was a right smart fight for about twenty minutes—or maybe twenty-five—and then we had breakfast.”
He had been smiling gently as he went along. Now he broke into a throaty little chuckle.
“Yes, suh, it all come back to me this mornin'—every little bit of it—the breakfast and all. I didn't have much breakfast, though, as I recall—none of us did—probably just corn pone and branch water to wash it down with.”
And