I 1 ',, fe, 4 ' : >!' J3 Pu" inprc1 u- a> tin |.<>mi'l- to the tuttuilt \vli'ii .Fu< thr fior^r's l^frs. raised him off thr fr . < llliONH'I.KS .PIN E V IL L E: BY THE AUTHOR OF MAJOR J ONES' COURTSHIP." I' IMilLAHKLPUlA CAREY & HART. r :-<;,H CHRONICLES OF PINEYILLE: EMBEACIN& SKETCHES OF GEORGIA SCENES, INCIDENTS, AND CHARACTERS, , BY THE 1TTTHOR OF "MAJOR JONBS'S COURTSHIP,** WITH TWELVE OBiaiHAI* BMOEAVZHO8 BY DABLBT. PHILADELPHIA: CARET AND HART. 1845. Entered according to act of CongreM, jn the year 1845, by : CABBY & HABT, \ fat the Office of the Clerk of the District Coon of the Eastern District of j Pennsylvania. j 1 BT t. ___ FRUITED BX T. K. & P. O. CuLLISS, PRtL/lDEl.PHIA. TO EBENEZER STARNES, ESU., OF AUGUSTA, GA., WITH SENTIMENTS OF SINCBUE GRATITUDE AND ESTEEM, IS RESPECTFULLY INSCRIBED * "' "BY THE AUTHOR. \ I PREFACE. ENCOURAGED by the favour with which a recent Ifumble attempt to depict some of the peculiar fea tured of the Georgia backwoodsman has been re ceived by the public, some of my friends have per suaded me to publish a few other stories illustrative of similar character, which they knew I had written. % Influenced by these persuasions, I determined to brush up my old manuscripts, produce something new of the same sort, and thus endeavour to present to the public a few more interesting specimens of the genus "Cracker." I wish it to be understood that I use this term with all due respect. It belongs to a class of good people with whom it has been my destiny to be come intimately associated, and I know that there is much to admire and respect in their characters. The lineaments of these characters are strongly marked, and they sit so fair, that he who takes rough sketches, as I sometimes do, can readily c< take their 1* 5 D PREFACE. picters;" but as a class they are brave, generous, honest, and industrious, and withal, possessed" of a sturdy patriotism. The vagabond and the dissolute among them are only the exceptions to the rule, and in a few generations more, education will have made the mass a great people. When such education will have done all it is destined to effect for the American backwoodsman, it may, and will increase the sum of his happiness and usefulness in the scale of being, but it will at the same time, by polishing away those peculiarities which now mark his manners and lan guage, reduce him to the common level of common place people, and make him a less curious " speci men" for the study of the naturalist. As he now is, however! I have endeavoured, in a small way, to ^ t catch his " manners living as they rise," and if I have been so fortunate as to succeed, the effort will amuse him, when he meets with it, if it should interest no one> else. I claim no higher character for my stories some of which have appeared in a literary periodical of \ limited circulation than that of mere sketches, de signed to amuse those who have a taste for such PREFACE. ' things, with some slight traits of peculiar character; and it may be to afford the student of human nature a glance at characters not often found in books, or anywhere else, indeed, except in just such places as "Pinevitte" Georgia. Should they thus add any thing to the stock of man's innocent amusement, or his knowledge, so as to make him for a moment either happier or better, it wilhbe a rich reward for dvgutta, Go., Nov. 1844. THE AUTHOR. ' CONTENTS. Pafe GREAT ATTHACTIOJT! or, the Doctor most oudaciously tuck in............................. .........'/. 11 Boss AKXI.IS, the man what got blowed up with a sky- racket 39 THE MTSTERT RETEALED ; or, the way all hands were " most oudaciously tuck in". ................... 59 ADYEKTTJUE or A SABBITH-BKULKKK. .................. 86 How TO Kiu. TWO BIKDS WITH oiTB STOKE ; or, the way Thomas Jefferson Jenkins got a start in the world 99 .... ........................................ 136 TH Fn*-HuirT. ...... .................... ........... 161 THI Aim-RAit-RoD* MAIT.... ......................... 179 * v CHRONICLES OF PINEYILLE. GREAT ATTRACTION ! OB THE DOCTOR MOST OUDACIOUSLY TUCK IN. _ A SKETCH FROM REAL LIFE. OH, Jim, the great attraction's come to town !" gasped a little fellow to his friend, as he was hasten ing home to impart the glad tidings to his family. "The which?9' inquired Jim, taming suddenly round ; his eyes, mouth, and every feature expressive of the liveliest curiosity. Jim's informant had "no time to turrey" for a more particular explanation, but hurried on, leaving the latter to infer that something extraordinary was to pay, from some broken sentences which he uttered about " show down to Capt Brown's Tavern big picters Dr. Jones," &c., which could not be dis tinctly heard at so great and rapidly increasing dis tance. But Jim did hear << show Capt. Brown's tavern," and he had a clue to the matter. Away dashed Jim and when he arrived at the aforesaid tavern, he t>eheld a crowd of gazing men and boys gathered in the bar-room, looking with all 11 12 ;HROOJNICLES OF PIJTEVILLE. their might at a large poster, at the head of which stood these magic words: * GREAT ATTRACTION II FOB TWO NIGHTS ONXYII1 All was wonderment and curiosity, and Jim for once experienced the inadequacy of the human capacity for such extraordinary occasions he could not make out the " printin'" himself and his mind was totally incapable of taking in and making use of half he heard. "What upon yeath is it?" he asked of the' nearest. One said it was the " great attraction from New York" another that it was the Fourth of July on horseback some one else that it was all sorts of a thing," and his curiosity was rather increased than diminished when Dr. Jones', who chanced to be there, volunteered to read it all off to the crowd, if they would only keep silence. Then there was a Babel of voices calling silence for several minutes. " Silence! till the doctor reads it," shouted one. ^_ * " Silence, fellers, silence!" bawled another. "Shet your mouth, Bill Parker, no body can't hear nothin' for you." " Silence! silence!" repeated a dozen at a time. When they had become somewhat quiet, the doc tor mounted a chair, and, after running the thing over for a minute or two, during which the faces of his audience indicated the strongest symptoms of insupportable suspense, he read out in a full round tone, and right off without spelling a word, the whole bill, from " Great Attraction," to " perform ances to commence at half-past seven, precisely." He read out in a full round tone, and right off without spelling aword, the whole bill, from " Great Attraction," to " performances to commence at half-past seven, precisely." I I ATTRACTIOlf. IS 1 After which, with a patronising air peculiarly hit own, he condescended to explain the matter to his - eager listeners. He told them that it was a thing called a circus, derived from circle for horses. to run round in that it was a very wonderful thing that circus-men were the " most surprisen?est crea- / tures" he had ever met with anywhere that he had v "seed" a great many of them in Augusta, when he was at college, and knew all about them that they could ride the swiftest horses without saddle or bridle, on. their heads could dance on wires and ropes, could jump to all creation, could eat fire, swallow broad-swords, and perform all manner of antics. Many questions were pressed in regard to the show, to all of which the doctor made the most satisfactory answers, as one perfectly familiar rwith such things, and the crowd dispersed to await Ac advent of this, to them, eighth wonder of the world. But we left Thomas Stullmgs on his way home to announce the arrival of the show to the Stullings . family, who, we should nof forget to inform the reader, were people of consequencein Pineville. Widow Stullings was rich-7-owned a fine plantation and lots of negroes a circumstance which doubtless enhanced the estimation in which her three amiable- daughters were held by the village beaux. " Oh, mother! guess what's come to town!" ex claimed Thomas, as. he dashed his hat into one chair and threw himself into another, almost feinting for want of breath. " I don't know, Tommy," replied the old lady, raising her eyes from her sewing until she caught a 2 16 CHRONICLES OF PINEVILLE. view of his flushed face, and observed his deep respiration. " Why, Laws-a-massy! what ails the child ? Is the Ingins ris again ?" she asked, drop ping her work and rising from her seat. "No, mother," replied Tommy, as soon as he could command sufficient breath, " but something else." By this time the whole household were attracted by Thomas's strange manner. ' " What is it, then, Thomas ?" demanded two or three at the same time. " A great attraction a circus!" " A what ?" " A circus, Dr. Jones says a whole heap of cir cus riders." " Oh, la! is that all ? why child your uncle Moses was a circuit-rider, on the Green Meadow circuit, for upwards of five years, until he wenLJ/flive in the Hogtown settlement, where he die/, poor " " Oh, no, mother, uncle Moses couldn't ride on his head, and swallow broad-swords, could he ?" "Why, Thomas, you must be crazy! who ever heard of sich a thing as preachers riding on their heads, and " - "Ha, ha," shouted Tommy, "these aint preach ers, mother, they're show-folks; Dr. Jones says so." Little could be gathered from what Thomas had to communicate. The old lady was sorely puzzled, but the young ladies had learned enough to excite their curiosity beyond the point of endurance ; so it was determined to despatch Thomas to request Dr. Jones to call over and tell them all about it, as they GREAT ATTRACTION. 17 *, i were quite sure he was perfectly conversantrwith the whole matter.- ' Accordingly the doctor was sent for, and for once-in* his life his treatment proved success ful. He soon relieved to fit of curiosity into which Thomas's news had thrown them, by relating all the information which' his travels, as well as his close intimacy with the billposter of the company, who had just arrived in t6wn, enabled Him to glean. Doctor Peter Jones should be formally introduced to the reader as the most important personage who figures in ouj" sketch. He was a well grown, young man, rather tall, with light gray eyes, abundantly large for the ordinary purposes of that organ, whitish eyebrows, and hair rather inclined to sorrel. There were no particular indications of uncommon talent in his countenance, and from a rather imperfect knowledge of his developments, we should say that, in his case, phrenology and physiognomy agreed. Nevertheless the doctor was a firm believer in the first of these sciences, in consequence of which he was in the habit of cutting away his locks about his forehead and temples, in order to acquit himself of " a forehead villanously low." The doctor was not yet in possession of a sheep skin license to practise the healing art, nor .were the public much indebted to him for the exercise of his medical skill, though he had been known to pull a tooth or so, and on one occasion was supposed to have saved the life of a negro who had been kicked by a wayward mule, by a resort to his favourite remedy phlebotomy. He had attended one course of lectures at Augusta, and returned to his native 18 CHRONICLES OP PINZV1LLE. village, rich in all the polish and refinement which a winter's residence in that Philadelphia of the south affords such ample opportunities for acquiring. Such had been his improvement in point of deportment, dress, and conversation, that his former acquaint ances would scarcely have recognised him in his new guise, had they met him anywhere else than at home. He no longer tolerated Kentucky-jeans and thick-soled shoes, but a graceful, shining blue cloth coat of the latest cut, pants to match, and a pair of stilt-heeled boots, with a black velvet cap, which sat jauntily on the top of his head, the. visor almost concealing his eyes, a walking-cane of the most delicate polish, and, of nights or rainy days, a professional looking camblet wrapper, constituted his usual costume. All these little advantages con spired to give the doctor undisputed precedence in the estimation of the young ladies, a fact of which he was not a little vain, and adding to it the repu tation he had acquired for smartness, which is so generally conceded to students, whether of medicine or other professions, the doctor could not but feel himself, to use one of his own polished expressions " bully of the tan-yard." As leading characters generally direct public opinion in all matters of propriety, fashion, &c., the stand which the doctor had taken in relation to the circus, now for the first time introduced into the village, was calculated to make it exceedingly popular, and, of course, vastly to benefit the little troop of equestrians, who had resorted to the expe dient of travelling, to avoid the heavy expenses of GREAT ATTRACTION. * 19 wintering in the large cities of the North. The doctor obtained <4from the avant-courier of the com pany a few small bills, which he industriously cir culated among the. ladies of his acquaintance, who had almost unanimously resolved to attend, and the whole village gave " note of dreadful preparation" for the coming fete. Before night a light wagon, drawn by two spotted horses, drove up to the tavern. In an hour all Pineville was rife with rumours, each had made some discovery, and each had some marvel to relate^ few slept that night, and by ten o'clock the next morning the news had spread far and wide into the surrounding countrj^that a great show was to come off in town that evening. During the day the ba lance of the company arrived, and long before night the canvass pavilion was reared. Blasts of the French horn, and scrapings of fiddle-strings, might be heard within, while the doctor and some two or three smart negroes belonging to the hotel, the only ones who had free ingress, might be seen passing in and out; which circumstance greatly excited the envy of the little boys, who all seemed to have bu siness on this particular occasion in the neighbour hood of Captain Brown's back lot. The doctor had given them'all the information which such interest ing strangers usually require about saw-dust, tanbark, and the like, and every thing was progressing finely, as the shades of evening drew on. He an nounced in a confidential manner to the manager, the extent to which his personal influence had been exerted, and concluded, as he left the pavilion, by 2* 28 CHRONICLES OF PINEVILLE. assuring that gentleman that he might expect a per fect "jam" a technical term upon which he placed considerable emphasis. It was night. As if Christmas, New Year, and the Fourth of July had all come together had all been concentrated into one glorious holiday the people, town and country, white and black, old and young, came trooping towards the enclosure, which was now brilliantly lighted up, and from which burst a loud peal of music, such as never had been heard before in Pineville. The effect was electric; none within hearing of that " sonorous metal blowing martial sounds," could resist its thrill ing appeals. Those who had thrown the half dollar in the scale against the show and found the latter wanting," now felt their pockets kick the beam, and resolved to "go it'any how." ^ The negroes were frantic, the older ones might be seen in all directions giving way to the impulse in the most " highly concentrated" double shuffles, while the little niggerlings sprang into the air, clapped their hands, shouted, or lay down and rolled in an agony of delight. Troops were press ing to the yet unopened entrance, when suddenly a loud report was heard, and a brilliant skyrocket shot far up into the star-lit heavens, burst in air, and came showering down in innumerable coruscant stars of variegated fire. This marvellous phenome non was hailed with screams from the more timid sex, rather coarser ejaculations of surprise from the men, and shouts from the boys and negroes. But tb* scBtij&on which it had produced was suddenly GKEAT ATTRACTION. 21 interrupted by the opening of the doors of the show. And then there was such a rush, such a scrambling to be first, and such a changing of money! Of course the doctor was on the spot, but he had ,been to Augusta and knew a thing or two about circuses. He had purchased his tickets during the day, and now stood whh an air of exclusive com placency, a little back from tKe throng, smiling at the eagerness of the uninitiated crowd, occasionally assuring the anxious bevy of pretty girls under his care, that they need not be alarmed, as he had taken the precaution to secure their seats, which, he said, was the universal custom in Augusta. At length the way being somewhat cleared, the doctor made his grand entree," at the head of about half a dozen young ladies, all dressexl and bedizened off in the latest and most exquisite fashion, with flowing head dresses, and many other little killing appliances .of the toilette, which showed to great advantage, and rendered them as irresistible to the beaux, as a pha lanx of grenadiers. The doctor felt the importance of his position, they were " the observed of all observers," and he the observed of them; at least he made himself so,* for he flew about thems with (he graceful agility of a professor of the "poetry of mo tion," ordering off a little gang of urchins who had taken possession of his front bench, informing them, in a voice loud enough to be heard above all the confusion, that he had " secured them seats from the manager himself." Some time elapsed, during which the crowd, which was really immense, settled down into their 22 CHRONICLES OF PINEVILLE. seats, and feasted their eyes on the wonaers of the amphitheatre, and drank in the rich tones of a very respectable band for a travelling circus. The doctor, in-die mean time, entertained tHeTadies and those in jiis immediate vicinity, by pointing out to them the various fixtures of the ring, explaining their pur poses, and in some measure anticipating their enjoy ment, by relating what was to take place. The audience had not yet grown impatient, when a tall, pale-faced mulatto, his hair brushed up to a cone, with an unreasonably long frock-coat, and a pair of boots with red morocco tops, which he wore over the legs of his pantaloons, rushed suddenly from behind a canvass curtain in the rear, threw open the low enclosure of the ring, and as suddenly disappeared. What did all that mean ? Astonish ment was depicted in every countenance, but this soon gave place to amazement; for the next mo ment, a loud blast from the band, and in they came, the horses leaping furiously into the ring, while their riders, dressed in their gaudy costumes, all glittering with silver and gold, with their white waving plumes and flowing sashes, looked like'so many knights of the olden time. In their rear, and on a horse so small that he would perhaps have been overlooked, was the clown, who, as soon as he entered the ring, shouted out, Come along here, all my equestrian performancers!" Ranged in a line across^Jke ring, each young gentleman doffed his beaver, and made a graceful obeisance to the audience; then, suddenly wheeling off, they dashed round the ring at th top of their speed, GREAT ATTRACTION. " 23 which set the ladies to holding their breath, and the children to grasping their parents' knees or arms, whichever were handiest, and some whimpered a little; but upon being told that they should go right straight home if they didn't be good, they drew closer and^ere quiet. " Oh, my gracious!" gasped Miss Mary Stullings, as one of the horses made a slight stumble. " Don't be scared, Miss Mary, it's only the grand entree." " But wont they fall off, doctor?" " Not a bit, they wont they're used to it, they don't never fell off." " Oh, what a pretty little boy!" said Miss John son; he's just like Coopid, for all the world." " Oh, .pa! look at that spotted man, his horse can go just as fast as any, can't he, pa ? What's he got them long red things sticking up in his head for, pa say, pa ?" But pa was too deeply engaged to hear or answer these interesting queries. " No, you don't!" shouted the spotted man, as he reigned his horse across the ring from the rear and placed him in front of the Ajing troop this child aint to be beat, no how you can fix it !**xj A loud burst of laughter followed this ruse of the clown, which was prolonged by the negroes from the corner where they sat stowed away like a pile of bricks. Just as the audience were getting dizzy at the incessant and impetuous whirl of men and horses before them, the troop suddenly came to a halt, and, at the word, all the elegantly caparisoned 24 CHRONICLES OF PINEVILLE. horses extended themselves upon the ground, as if to rest from the fatigue which they had so lately undergone. All but the clown's were perfectly do cile he found considerable difficulty in managing his horse. When he bore down its neck it would switch its tail, and when he stood on its tail it would raise its head; which refractory and very ungenteel conduct, he reprehended in strong terms, but all to no purpose. Finally, a downright quarrel ensued between them; and, while the horse chased him round the ring, he called lustily to his master to take him off," remarking that he held biting and kicking to be extremely vulgar, and would fight no one who practised such foul play,. This difficulty settled, the troop again mounted, made another re spectful obeisance, and retired amid the shouts and cheers of the delighted audience. The time which elapsed between this fete and the next, was passed in conversation. The doctor re minded the ladies that that was nothing to what he had seen in Augusta. The ladies thought it was a " dreadful pretty sight, if they didn't skare one so." The doctor begged them not to be skared, and as sured them that there was not the " least particle" of danger. Miss Johnson desired to know of Miss Rogers, which of the circus-men she "liked the best." " Oh, that tall one, with the black curly hair; I do think he is the handsomest young gentleman I ever saw." " Oh no, I think that one with the white silk jacket and blue sash is a great deal handsomer GREAT ATTRACTION. 25 and he looked over here so hard," said Miss Stul- lings. Why you all can't tell how they look, at night, dressed up so," remarked the doctor. "That's Howard, you mean, Miss Mary, and he's pock marked as the mischief." Ha, ha!" laughed Miss Rogers, leaning back, and placing her handkerchief to her mouth, "the doctor is jealous." " No, I aint," replied the doctor. " Aint you 'shamed, Lucy,", said Miss Mary, co louring at the same time that she sent a look of reproach towards Miss Rogers. " If you could only see them by day-light, in their common clothes," said the doctor; but he was in terrupted by that long-faced mulatto whom we have before described, who now made his appearance with a white horse, and, directly after him, came the ring-master, with a,long whip, followed by the clown, who announced Jiis coming by shouting " Come along here, Mr. Callahan, we'll have a little bit of your fun!" Now there was a buzz throughout the audience the music struck up, and away went Mr. Callahan, standing erect on his horse and throwing himself into all manner of graceful attitudes how looking back, as if he had left something behind now point ing ahead, as if he saw something in front now on one leg, then on the other, and finally brought his fun to a close by making several lofty leaps, his horse at full speed, over whips, hoops, garters, can vass, &c., &c. the clown all the while keeping up CHRONICLES OF PINEYILLE. a running conversation with his master, the horse, and the rest of the company saying many witty things, which kept the whole, audience convulsed with laughter. Next came the spring-board, which the doctor at once recognised, and the whole troop were engaged for some twenty minutes, in " feats of ground and lofty tumbling," each one of which eliciteoVtorrents of applause; and the doctor having introduced the more fashionable mode of expressing approbation, the clapping of hands had by this time become very general. The clown foiled in every attempt. "Why, pa," said one little fellow who had watched the spring-board performances for some time with a countenance of painful seriousness, " that spotted man's a fool, aint he ?" " Yes, my son, he's a very good fool." "What do the people clap their hands so for, pa?" They are clapping the performers, because they do so well." Just then it came the clown's turn to throw a somerset over the back of a chair, instead of which, he jumped awkwardly against it, and pitched chair and all on the ground; then springing up and apply ing a little saw-dust to his nose, his sovereign re medy for bruises and sprains, he walked off with an air of triumph, as much as to say beat that who can! A tremendous round of applause followed. They clapped the spotted man because he done it so bad, didn't they, pa, say, pa ?" f GBEAT ATTRACTION. - 27 j .During the performance of these novel antics there was a very general stretching of necks on the lower seats, and the cry hats off in front!" was heard from all quarters. On a front seat, in the very thickest of the crowd, sat a fellow well known as fighting Bill Sweeny, with one of those ponderous structures of wool and rabbit's fur on his head, de nominated a bell-crowned hat, but rather more re sembling an inverted church-bell, than the modern article designed for the covering of ,the "dome of thought" Bill gloried in his celebrity as bully of the county, and such was the obstinacy of his nature, and so much did he delight in an opportunity of pick ing up a fight, that he would not have removed that hat without one, though it had eclipsed the view of one half the audience. When asked to "just please to take it off, Mr. Sweeny," in the gentlest and most persuasive tone possible, his reply was a nudge of the elbow, and, " oh go to h 11, will you ?" The performances went on. Bill sat with his hands thrust in his pockets, intently watching every movement, occasionally laughing and swearing to himself, " how smart they is /" Presently, just as the clown was doing " eels in the mud" with such rapid velocity that he looked " for aH the world" like some great spotted snake, writhing and twisting in wildest contortions, Bill felt and heard a thunder ing, crashing pressure from above, and the next mo ment all was darkness to him, While the shouts and yells of the audience & in smothered tones upon his ears. His first impMROa was that the pavilion had fallen in; but as he sprang^ from bis seat and 3 CHRONICLES OF PINEVILLE. found his arms firmly pinioned behind, and the shout ing increased, he was at once convinced that the boys had been " projectin'" with him. Mad with rage, he leaped like a cat into the ring his arms still tied and his hat resting upon his shoulders, as if his neck and part of his head had actually been driven into his body shouting as well as he could for the obstruction of his head-stall " Unloose me! unloose me, I say! and I'll whoop the whole belinl of ye I" An effort was made to get him out of the ring by those whom the confusion had thrown into it the circus-men taking no part in the fray. Not being able to get his hands to his head, he was still in dark ness ; and, as his " next friend," a drunken bully of a fellow, approached him with " Here, Billy, don't be so fractious Fs your friend, you knows I is" he gave him such a kick on the shins as set them toge ther by the ears, in a twinkling. Bill had broken the cord that bound his arms, and now they had it, good Georgia fashion- best man on top. Notwithstand ing he was muzzled, the disadvantages under which he fought 'were not so considerable as one might sup pose for if he was deprived of the use of his mouth, his eyes were equally out of harm's way, while his experience enabled him to feel -in the right place for those of his antagonist. There^was some, confusion among the audience some of the ladies were for retiring, but the manager requested all to keep their seats, while the doctor called upon the gentlemen present to part the two bullies who were now making the tan and saw-dust' fly at a tremendous rate. Some dozen volunteered v GREAT ATTRACTION. 29 their services, the doctor urging them on but the Saceny blood was " riz-' and blind not only with rage, but by reason of his hat still being over his eyes, he fought at random and with desperation; and for a few minutes there was ground and- lofty tumbling with a vengeance. But poor Bill was forced to strike to superior numbers, and was borne out of the ring, where he was finally pacified, after his hat had been removed; which, however, was much harder to come off than it had been to go on. It required a long pull and a strong pull indeed some fears were entertained of his neck giving way; and the doctor, who had taken an active part in die matter, after the fighting was over, facetiously re marked that it was a very fortunate circumstance that Mr. Sweeny's nose, which had become tangled in the lining, was not large, and was inclined to the snub, or he should have been under the necessity of sending home for his instruments. . Quiet having been once more restored, the per formances were resumed. Several surprising acts of horsemanship had been gone through with, the audi ence had nearly forgotten the late interruption, in their enjoyment of the evening's entertainments, and the clown was taking a little ride to himself, to the tune of a little frog would a wooing go," when in tumbled another man with a bell-crowned hat, almost under the horse's feet! The music ceased the horse came to a hah, and the clown desired the man to leave the ring, fiat the fellow scrambled up and walked a weti as he could (for he was evidently very drunk) still further into tee forbidden circle, 30 CHRONICLES OF PINEVILLE. and said, between a hiccup and a drunken leer, that he had come to ride. " Who-o-o-o!" exclaimed the clown v you ride a circus-horse! did you ever hear such insurance ?" I say, Spotty " " Mr. Merryman, if you please*" WeD, Mr. Merryman, if you please, wont yon give me a ride ?" ^Vho-o*o-o ! you must go out of here, I tell you." rl The doctor could not sit still. "Now that's too bad," said he. " Who is that drunken fellow, now, come to kick up .another fuss ? If he was in Au gusta, they'd have him in the guard-house in less than no time.", I paid my half dollar to come in here, and I'm guine to have a ride or a fight, one. I doesn't pay money to see other people ride, myself." " I'll call master. Master-r-r-r!" 1 " Fetch him out, if you've got any grudge agin him, and I'll lick him too*" said the man with the bell-crowned hat, as he laid bold of the clown's leg and began pulling him off the horse. " Murder! robbery! thieves ! burglary and kid napping!" shouted the clown; The audience began to get alarmed again the doctor rose in his seat and called to the crowd to -" turn him out!" The ring-master came running in, evidently much exasperated. " What's your name, sir ?" he demanded. Eh? my name's Joe Peters, from Cracker's Neck; do you want any thing out o' me ?" throwing himself into a fighting attitude. GREAT ATTRACTION. 31 If this man has any friends here, they will do well to take him out before he gets into difficulty," said the ring-master. " Yes, before I get hold of him," added the clown. "What's that you say, Spotty ?" said Joe, turning to the last speaker. Here the doctor excused himself to the ladies, strode across the ring, and, laying his hand on Joe's shoulder, peremptorily ordered him to leave the en closure. Joe turned, and placed himself in a defensive po sition. "Come, some of you gentlemen, and help turn this blackguard out of the show," said the doctor, beckoning to a group of young men. " That's right, doctor^ take him off before he gets hurt, for maybe his ma don't know he's out" Two young men came to the doctor's assistance, but no sooner had the one in advance come close to Joe, than he turned round and ran back,-exclaiming in an under-tone That chap belongs to the show, I can smell it on his breath!" The other foDowed his example, leaving the doc tor alone to manage the intruder, who* now staggered up to him, and demanded if he wanted to fight. The doctor grasped him by the shoulder, and had suc ceeded in forcing him some distance towards the door, amidst the gibes and taunts of the audience, when Joe became more resolute in his resistance, declaring he would have a ride. A scuffle ensued, during which a good part of the audience were shout ing and cheering, some for the doctor and some for 3* 32 CHRONICLES Of PIJiEVLLLE. ^ Joe but there was no bounds to the tumult when Joe, thrusting his head between the doctor's legs, raised him off the ground, and dancing once or twice round the ring, despite that gentleman's most deter mined efforts to dismount, which he manifested by throwing his legs and arms about in the wildest con fusion, tossed him pell-mell on the heads of the ne groes, who squalled in concert with the general shout. The doctor was dreadfully mortified at this un looked-for reverse, and was about returning furiously to the charge, when the clown approached him with a significant wink. " Never mind, doctor, we'll get shut of him we'll give him a ride now." Then turning to Joe, who was approaching the horse's heels, " so, you want a ride or a fight, do you, eh?" " Yes, I want to ride that 'ere horse, Spotty, and I'm the boy that's gwine to do it, too." " Well, sir, you've got to whip me first," putting on a savage look and giving his teeth a grin^d. "I'm your boy," said Joe, "I's another chick to Bill Sweeny!" " The h 11 you is! just give Bill Sweeny a fair shake and he can whoop blue blazes out of ye, though," growled the bully of the county, who was again in his seat. Trie clown put himself into a pugilistic attitude. Joe was up to the mark, and, after a few passes, was knocked heels over head on the tan. " Oh!" exclaimed the ladies. "Serves him right!" said the doctor "he'll get his fill before he quits that ring." GREAT ATTRACTION. 35 Hurra, Joe! show your game!" shouted seve ral. Give it to him, Spotty!" Oh, I want to go home," cried a timid little fel low, from between his father's knees. The next minute Spotty was down, who, as soon as he struck the ground, shouted Enough, take him off!" Then springing up and applying a hand ful of tan-bark to his nose, he extended the other hand to Joe, remarking " You've whipt a gentleman, Joe, what's your name ? oh, ah, Peters! Mr. Joseph Peters, from Cracker's Neck. You shall have a ride, Mr. Peters. Will you have a fresh horse, Mr. Peters?" Then turning to the doctor, he continued " We'll give him a ride there's more ways to kill a dog besides choking him with butter, you know." Joe was soon mounted, with his back towards the horse's head. The clown called out for the hardest trotting-tune the musicians could play. Pop went the whip, and away flew the horses, Joe floundering \on his back like a drunken man in a quagmire. \^ THE MYSTERY REVEALED. 85 " Well, boys, it's my opinion all hands has been most oudaciously tuck in this time!" The matter is soon explained to the reader. The young men who composed the major's party had learned the result of the sheriff's investigations, from an individual who had been in town during the day, and foreseeing the ridicule that Was certain to be visited upon them by their fellow-citizens, had re course to the trick which they so successfully prac tised, in order to involve their neighbours in the same dilemma with themselves. The dresses were readily obtained from some of their country acquaintances, and they waited until night, that under its shadows they might the better avoid detection. ADVENTURE OF A SABBATH-BREAKER. MR. EUGENIUS AUGUSTUS VAN SCOIK was born somewhere " down east," but for the purposes of the sketch which we are about to give of a single incident in his life--an incident the more important for the influence it exerted upon his subsequent ca reer--it is not material that we should state precisely where or when. Suffice it, he had been trained up " in the way he should go," and had been sent forth into the world to seek his fortune, with the fervent admonitions of a pious mother, who concluded her long dissertation upon matters and things in general, with the solemn injunction--" But, Eugenius Au gustus, dear, whatever you do, be a good boy and go to meeting every Sunday,"--to which he replied that he would be certain to do so. Mr. Van Scoik's talents had been devoted to mercantile pursuits--not on his own account, it is true, but on account of his health, which had been delicate from his youth--and he now gave himself out as a professional salesman, in which capacity he had made his appearance in Pineville with Mr. Harley's latest importation of new goods from New York. He was a tall, chalky-complexioned, crane- built, gosling-looking youth, with a ver^ prominent beak, and eyes askew. The nose stuck "right 86 * ADVENTURE OF A SABBATH-BREAKER. 87 out," and there was no help for it, but he managed to hide the slight obliquity in the setting of his visual organs, by means of a pair of large-bowled silve.r^pectacles, with green glasses, which he wore under pretext of weakness. Mr. Eugenius Augustus Van Scoik was a polite, good-natured, Miss-Nancy sort of a young gentle man, and of course soon acquired great popularity among the elderly ladies, to whom he always war ranted his goods not to fade, tear, or wear out, and was certain to throw in the thread and little things, even if he had to thumb it a small amount in the measurement of the yards to make up for his gene rosity. The young ladies, too, thought Mr. Harley's new store-keeper" a " dreadful nice young man, if he didn't have such a horrid nose," and the com munity, generally, who had heard his psalm-singing, and noted his punctual attendance at church, every Sunday morning, had marked him down as a very proper young man, notwithstanding his nose; and Parson Storrs had been heard to speak of him as an example worthy of imitation by the young men of Pineville. But Mr. Van Scoik struggled against a besetting temptation unknown to any but himself. If he had an inveterate, unconquerable "propensity for any thing in the world," it was for shooting robins. He delighted in a shot-gun that wouldn't kick much, and a bird that would sit, and he never looked out upon the sky, but his soul panted to be away in the fields with bag and gun. He dreamed of shooting all night, and he ruminated on the subject all the day. He CHRONICLES OF PINEVILLE. had not taken a hunt since he left home--he had been so busy in the store--and he determined to V have one "fair shake" at the birds, even if he had to go on Sunday. If the truth must be told, he had ro\vn so loose in his morals under the influence of our vertical sun, that he began to entertain verylittle reverence for those holy ordinances, which, in his youth, he had been taught-.to obey, and he was only/ deterred from the commission of what he would once have regarded as an almost unpardonable sin, by the fear of detection. There was now nothing very" shocking to him in the violation of the Sabbath --but he would not have had anybody to see him on that day with a gun in his hands for any consi deration. He was not long,.however, in devising a plan by which he was enabled to indulge his pro pensity without incurring the risk of being discovered by those whose good opinions he was so anxious to retain. Accordingly, one beautiful Sunday afternoon, Mr. Eugenius Augustus Van Scoik sallied forth from his boarding-house, and walked gravely along the main street unjil he reached the edge of the woods, where he was met by a little negro boy whom he had en gaged to carry his gun, game-bag, &c., out of town. Finding all right, he dismissed the boy, charging him to be sure to meet him there at sun-down, to take charge of his gun and game. It was the be ginning of autumn, and the scene was lovely to be hold--the leaves had not yet began to fall, but the chill night-winds "n'ad delicately tinged the foliage with every variety of hue, which were soon to ADVENTURE OF A SABBATH-BREAKER. 89 deepen into those bright colours which give such variegated beauty to the southern landscape. As we have said, it was a lovely evening--no cloud obscured the sky, a gentle breeze played through the branches of the trees, and the song of birds mingled with the faint tones of the distant churchbell. Even Mr. Eugenius Augustus Van Scoik could not but feel the calm influence of such a scene, and he felt ill at ease when he remembered the fourth commandment,--endorsed as it was by a doting mother's parting admonition,--and reflected that he was in the very act of violating that sacred mandate. But he endeavoured to silence the chidings of an awakened conscience, as he charged his piece, and meditated death to all the wild fowl that might chance to come within gun-shot of him-- especially robins. He had proceeded but a short distance when he espied a mocking-bird perched upon the branch of a tree, pouring forth its song in its wildest strain of native melody. Stop!" whispered Mr. Van Scoik to himself--"there's a shot." Creeping up to a convenient distance, he raised his gun and .fired-- away flew the bird, exceedingly terrified, but un harmed. "That's curious," said he to himself,-- " I had a first-rate aim." Having reloaded, he looked around for an object at which to shoot-. A robin next attracted his attention--his heart beat double-quick, and his breath was suspended while he crept cautiously up--he was about to pull the trigger when away flew the robin!--He clenched his teeth hard together, but said nothing, as-he 90 CHRONICLES OF PINEVILLE. brought his gun down from his face. He saw the bird light at a short distance, and hastened in pur suit. His second attempt, however, proved as un successful as the first--he snapped two or three times, and when his gun did go off, the robin went off too. " Darnotion !" petulantly exclaimed Mr. Van Scoikj (putting the emphasis on ation,) as he reloaded his gun--" that's tew bad!" Once more he cast his eyes about in search of game, but his firing had disturbed die Sabbath quiet of the place, "and the alarmed inhabitants had fled. Mr. Eugenius Augustus directed his steps into the open woods that lay before him. As he ap proached a small clump of chinkapin bushes, he heard a slight rustling among the leaves. He ad vanced cautiously, peered into the thicket, walked round to the other side, and looked closer. He was about to abandon the search, when out flew a large red-headed woodcock, and before he could raise his gun to his face, the saucy bird was far away, chuckling at a tremendous rate, as if in derision of his pursuer. The circumstance was exceedingly aggravating to our sportsman, and he resolved to be more cautious in future. He had proceeded but a short distance, when, in another cluster of bushes, he heard something mov ingO:. " I'll nt be bamboozled this time'." whispered Mr. Van Scoik, as he brought up his gun and advanced cautiously at "present arms." He had passed half round the thicket, and with his finger on the trigger, was squatting low, that he jmight the better see in, when suddenly a large bear sprang r He looked beneath and the bear was fact approaching! ADVENTURE OF A SABBATH-BREAKER. 93 from the bushes directly towards him! The gun dropped from his hands--there was a loud scream of terror, and the next moment Mr. Eugenius Au gustus Van Scoik and the bear were testing their speed in a foot-race through the woods. He had never dreamed of starting such game so near town, and the sudden surprise having seized upon his legs, they bore him off at their utmost speed. Brimfull of horror, he remembered the fable in the spell ing-book, but he had no faith in " acting 'possum" --he cast one look behind--his grim pursuer was close upon him--the next moment he had grasped the trunk of a sapling and was climbing for dear life. He did not dare to look below until he had as cended some fifteen or twenty feet; he then ven tured to reconnoitre his foe, when, to his utter consternation, he beheld bruin hugging the trunk of a larger tree, which, not till then, he discovered grew close by the side of the one he was upon. He watched the movements of the bear with in creasing terror, and when he saw him rapidly as cending, and observed his huge claws and frightful tusks, he began to imagine himself torn to pieces by the ferocious animal. Bruin had nearly reached * him, when he consulted his safety by moving higher up. He had ascended until the sapling bent with his weight, and he could go no higher. He looked beneath, and the bear was fast approaching! What was to be done ? To descend was certain death-- and to remain promised a no better fate. The bear was soon opposite him, and with an awful grin, that 94 CHRONICLES OF PINEVILLE. showed all his teeth at once, he extended his paw towards Mr. Eugenius Augustus Van Scoik, who, with a convulsive shudder, drew himself into the smallest possible compass, and clung close to the opposite side of the tree, by which means he barely escaped the sharp claws of the animal. Rather than undergo the agony of such close encounter with his grim antagonist, Mr. Van Scoik resolved upon a change,of position, and relaxing his grasp, descend ed a few feet. Bruin soon placed himself directly opposite, and again renewed his doubtful salutations. Up went Mr. Van Scoik, and. up went the bear. We will not attempt to describe thelooks exchanged between them, nor the peculiar sensations of our sportsman, under the circumstances--as the saying isr "they may be better imagined than described." Thus the parties remained, with occasional slight variations of attitude^ for some time, until the bear, probably becoming fatigued, gradually descended to the ground. Hope revived within the bosom of Mr. Eugenius Augustus Van Scoik. Now, thought he, if he will only go away. But bruin was not to be got rid of so easily--instead of taking his depar ture, he deliberately stretched himself at the root of the sapling, as if resolved upon taking his prey by siege. It had now grown late--the sun was fast declin ing, and Mr. Van Scoik had the melancholy pros pect of a roost among the tree-tops for the night, provided he survived so long. Alas, too late he repented the sinful violation of the Sabbath, which had led him into the awful dilemma in which he ADVENTURE OF A SABBATH-BREAKER. found himself. Too late he wished that he had obeyed the summons of the church-bell, and gone to the house of worship, where, if he profited no thing, he would at least have been out of harm's way; and as he cast his eyes down, and contem plated the object of his terror, a superstitious dread came over him--like that which ever haunts the guilty--that the bear was but an instrument in the hands of Providence, and had been specially com missioned to devour him, as the same animal had once been sent to destroy the scoffers of Elijah. Such and similar thoughts passed through his almost frenzied brain, and he would have given all the right, title, and interest he Jiad, or ever expected to have in this world, to have been released from his dreadful situation. As the shades of evening approached, despair had nearly taken possession of his faculties, when, for the first time during his perilous adventure, the sound of a human voice broke upon his ear. He listened, and his pulse throbbed with new life, as he heard uttered in a low, monotonous strain, a well-known negro chant-- One moonlight night, I walk'd along, I hear dis music Close behind, Never pay much 'tention-- " Hello!--help!--help, here!" shouted Mr. Van Scoik with all his might. Never pay much 'tention-- Repeated the negro, not hearing the call for help, 96 CHRONICLES OF PINEVILLE. as he went on with his ditty, keeping time with the palms of his hands against his thigks-- & I looked around And what should it be But a big ole buckey hare 1? A big ole buckey hare ? Yes, massa, A big ole buckey hare! I hitch'd 'em to my wagon, And he wouldn't work dar-- * I hitch*d 'em to my cart, And he wouldn't work dar-- I hitch'd 'em to my plough, Now didn't he rair ? Help! oh !--you, mister; help, here !" cried Mr. Van Scoik, growing impatient, and beginning to fear that the negro might pass without observing him-- Now didn't he rair ? With his spurers on, And his shoe-boots on, And his broad-cloth coat-- Now didn't he shine? Now didn't he shine? " Murder!--help ! oh, help here!" "Who dat?" asked the startled negro, for the first time catching the sound of the voice from the tree. Then stopping short in his path, he listened for a moment in order to gain some further intelli gence as to the nature of the alarm, before he deter mined whether to advance or retreat. " I say! you mister! come here and take my gun, and shoot this bear!--there's a live bear here!" ''ADVENTURE OF A SABBATH-BREAKER. 97 Ki," laughed the negro, " 'spec dat's Jocko what skeer dat white man." As the negro approached, he soon saw into the state of affairs, and not less to his own gratification than that of Mr. Eugenius Augustus Van Scoik, discovered his pet Jocko, of whom he was in anxious search. Why, massa, what for you got up da? Jocko no bite nobody. Him got no harm in him no more'n a little kitten. Come down, massa." Then ad dressing himself to the bear, he continued in a rather different tone--" Come here, sa !--what for you been done gone all de mornin', ha?--been skeer de white man, too--you ^'bomination good for nothing !--never mind, ole feller, I git you home dis time ; you no git away any more, now mind dat!" While speaking, the negro fastened the rope which he had brought for the purpose round the bear's neck, and was about to lead him awa"y ; but observing that the man in the tree did not come down, he again called to him, assuring him that there was no danger. " Come down, massa, Jocko airit gwine to bite you. '"Toound he never bite nobody, massa." By this time Mr. Van Sc oik's fears had sufficiently subsided to warrant him in descending. He had nearly -reached the ground when the bear sprang towards him to the extent of his rope. " Wah-a-a-w !--hold him!" exclaimed Mr. Van Scoik, again springing into the tree. " Yah, yah, yah, massa, Jocko only want to play you." 8 98 CHRONICLES OF PINEVILLE. But our sportsman's skepticism was not so easily to be removed, nor would he again trust his legs to the ground, until Jocko and his master were far away on their road home. He then came down, examined his torn clothes, searched about and re covered his gun, and, after making a solemn vow never again to go a hunting on the Sabbath-day, set out for home. And never since that day has Mr. Eugenius Augustus Van Scoik been seen prowling about the fields with a gun on his shoulder, on that day which we are commanded to remember and keep holy. HOW TO KILL TWO BIRDS WITH ONE STONE; OR THE WAY THOMAS JEFFERSON JENKINS GOT A START IN THE WORLD. Ix our country the Law is the high-road to pre ferment. That there is no question about the truth of this proposition in the minds of our "promising young men," we may infer from the fact that so large a portion of them adopt the legal- profession ; but that it is a rough, uneven track, abounding in impediments and obstructions of no inconsiderable magnitude, is a truth equally attested by the failure of so many brilliant geniuses, who either turn back discouraged, or faint by the way-side, without so much as reaching the half-way house to distinction. While a few, by dint of persevering energy, succeed in elevating themselves to that rank in the profes sion which brings with it wealth, honour, and in fluence, many a " mettlesome blade" is brought to a premature edge upon the legal Blackstone, only to corrode and rust in oblivion. Such miscarriages must be accounted for on the principle that larnin' isn't sense," and their fre quent occurrence but serves to illustrate the truth, that a certain amount of mother wit is quite as re- 99 100 CHRONICLES OF PINEVILLE. quisite a qualification in a lawyer as in a scissorsgrinder. For what is knowledge without "wisdom ? Napoleon might have possessed all the military knowledge of his day, and fought his battles by diagram, and prosecuted his campaigns by theory, but without the popular talents by which he was enabled to put his great political machinery in mo tion, and to direct and control its action in detail, Europe would have remained undisturbed, and himself unknown to fame. So might Thomas Jef ferson Jenkins have read Blackstone and Chitty, and Coke, and all the legal writers from Justinian down, and stored his head with legal lore, until there had been nothing left to learn, and still re mained in poverty and obscurity, had he not pos sessed the tact, genius, common sense, or whatever you choose to call it, which enabled him to turn his acquirements to account. But before we proceed further with our sketch, it is proper that we should give the reader a formal introduction to our hero, whose claim to the appella tion abnormis sapiens, we hope to establish by the relation of a few prominent incidents in his career. Imagine yourself, then, dear reader, vis & vis with a tall, slight-made young gentleman, in shabby gen teel, with straight, light hair, deep-set gray eyes, white eye-brows and freckled face. " This is Thomas Jefferson Jenkins, Esq.; and now that you know him by sight, we will proceed to relate the incidents aforesaid, trusting that he may, notwithstanding his uncomely face, grow in your favourable regard, as you become better acquainted with his character. Vr HOW TO KILL TWO BIRDS WITH ONE STONE. 101 We might, perhaps, interest the reader by detailbig the early " struggles of genius in the pursuit of knowledge under difficulties," but it will be suffi" cient for the purposes we have in view, merely to glance at the early history of our hero. Thomas Jefferson was not only the architect of his own for tune, but, in accordance with that perverse destiny which often deprives us of our greatest help in our greatest need, he was left at a tender age to settle the foundation upon which his superstructure was afterwards to be reared. With only a mother to guide his infant steps, he trod the path of adversity, and early imbibed, in that severe school, so muck extolled by those who have never been compelled to submit to its rugged discipline, many a whole some lesson. He had learned to feel--and if he felt the scorn of the purse-proud, and the neglect of the respectable, he felt, too, a consciousness of his own integrity, and a firm reliance in his own powers. Laudably ambitious, and unwilling to yield the palm exclusively to those whose only advantage consisted in the better opportunities secured to them by their wealth, he aspired to the legal profession; and, with only the self-acquired rudiments of an education, ap plied himself to the study, subsisting upon the meager savings from his own industry, until he had qualified himself for admission to the bar. A lawyer by license, he was not slow to discover that the city of his birth was no field for him. He had no wealth or family alliance to buoy him up, and as his success in life depended directly and solely upon his own exer tions, he wisely determined to employ them where 8* 102 CHRONICLES OF PINEVILL^. the competition would be less 'formidable, and where at least he would be free from the disparaging influ ence of prejudice. Thus Pineville became the theatre of his professional career. Thomas Jefferson Jenkins had learned enough of the world to know, that, go where you will, " appear ances go a great ways," and he resolved to put the best foot foremost," and to win by a show of con sequence, all who might not be capable of appre ciating substantial merit, trusting to the practice of that fidelity and prompt attention to business" which he had announced upon his card, ultimately to gain the confidence of that portion of the commu nity who were not to be taken by mere ad captandum means. Accordingly, he engaged board at the hotel, hired a smart servant,-and rented an office on the square, -over the door of which he placed a sign board, inscribed with gilt letters-- " THOMAS JEFFERSON JENKINS, ATTORNEY AND COUNSELLOR AT LAW." . Upon a baize-covered table he spread his writing apparatus, with a few books and such loose pam phlets and periodicals as wouldn't stand up endwise on his shelves, which latter were conspicuously post ed, and presented the appearance of being well filled --the best bound volumes being exposed, while the curtains carelessly hid from view those that were not there. Determined to be Jef. Jenkins no longer, but to sustain the character of Thomas Jefferson Jenkins, Esq., in a becoming manner, he at once assumed an air of proper professional dignity, and mingling but HOW TO KILL TWO BIRDS WITH ONE STONE. 103 little with the most reputable men in the village, kept the crowd at such respectful distance as to avoid all risk of incurring the penalty of that maxim, which, to relieve it of its triteness, has been rendered--" too much familiarity breeds despise." * Of course the advent of such a young gentleman, in such a village, was a matter of considerable interest to the inhabitants, and served for a theme of specu lation, wonderment, and inquiry, for many weeks. The men desired to know whether he was a Clarke or Troupe-man--the old ladies wondered if he was rich, and the young ladies thought he wasn't hand some a bit." Some were curious to know whether he was "any relation to the Jenkinses of----," and whether his family were respectable; but the question never once entered their heads whether the young man possessed any claim to their consideration on his own account. Be it said, however, to the honour of Pineville, these latter querists comprised but a meager portion of the community, consisting only of a limited circle of would-be aristocracy, who, desti tute of intrinsic merit themselves, affect to despise it in others, while they bestow all honour upon mere fortuitous advantages, which fools may inherit and ignorance acquire. Such a sign-board as our hero's had never before been exhibited in Pineville, and there was much speculation among the children and negroes, as to what the stranger had to sell; and it was not unfre- quently that he was disturbed in his studies by inqui ries for salt, iron, molasses, or some other of the leading articles, by people from the country, who 104 CHRONICLES OF PINEVILLE. had never dreamed of a " 'squire's office having a sign to it." But when our hero appeared at the door, in his office gown, backed by such an array of books and papers, and blandly informed the in quirers that they were mistaken in the place, that his was a law-office, and directed them across the street, where they would find whatever they wanted in the grocery line, the intruders left him with feelings akin to awe, and thereafter lost no opportunity of adding their mite to the current gossip about the strange young gentleman. It was rarely that 'Squire Jenkins was seen in the street in the day, and while the young men of the town held their nightly court about the hotel door, to talk over the news of the day, and re gale themselves with idle jokes and anecdotes, he sought the companionship of his books, and often when the last villager retired to rest, the light of the young 'squire's solitary lamp still shone from his office windows. By these and various other wise expedients, Tho mas Jefferson Jenkins, Esq., managed to keep a good head of public opinion in his favour. But what of that, if it did not " bring grist to his mill ?" Popu larity would not pay board-bills and washerwomen, and he began to apprehend a crisis in his affairs, un less he could .fall upon some expedient whereby to replenish his finances. Thomas was a practical phi losopher, and was not given to hope against reason --he knew that manna had not rained from heaven within his recollection, and he had no more idea of fees felling into his pocket by chance than he had of being made chief justice within the year. Thus " HOW TO KILL TWO BIRDS WITH ONE STONE. 105 far he had not had a client. True he had been ap plied to for advice in a few simple cases, and had drawn a few instruments of writing, such as deeds, bills of sale, and notes of hand, for his neighbours, but these slight services .had been solicited of him in a neighbourly way, by persons who did not expect to pay any tiling just for a sheet of paper and a few minutes7 labour, and he was under the necessity of docketing such services under the head of one good turn deserves another"--which, with most people, means,--" when you don't intend to pay your money, it is expedient to discount your benevolence." But, as we have intimated, Thomas Jefferson Jenkins's finances were getting alarmingly low--the fare at his landlord's table began to taste as i it wasn't paid for, his best coat was becoming threadbare at the elbows,.and his slumbers were nightly disturbed by apparitions of haggard washerwomen, extending their shrivelled hands, and with shrill discordant voices demanding payment for that last dozen ; and every day but settled the conviction deeper and deeper in his mind, that some means must be speed ily adopted to bring him into a more lucrative practice. Long hours he sat cross-legged in his arm-chair, and with chin in rest, mused over the cheerless prospect, and yet no ray of promise dawned upon his despond ing hopes. He would have suffered a moderate bat tery of his own person for the privilege of making out the case in court, and was sorely tempted to commit some breach of law himself, in the hope that by his defence he might create a diversion in his favour. In this painful perplexity of mind, as was natural 106 CHRONICLES OF PINEVILLE. enough for a young man of his temperament, Thomas Jefferson Jenkins, Esq., contracted a habit of ---- whittling! which led him to frequent the large whitepine box, which Mr. Harley, in accordance with the universal custom of country merchants, had placed in front of his store-door, for the accommodation of the whittling loafers of the village. One afternoon, while sitting upon the aforesaid box, all the faculties of his mind engaged in serious deliberation as a committee of ways and means, and his knife running freely into the soft pine, his attention was arrested by the whick ering and restive movements of a little half starved, sway-backed, blind poney, that stood by the horserack, attached to a small cart, in which were a few small paper bundles and a large stone jug, stopped with a corn-cob. The establishment belonged to one Josiah Perkins, of Ticklegizzard settlement, who, in company with his wife and two or three of his neigh bours, had visited town that day, on a trafficking ex pedition. Their stock in trade, consisting of a few dozen eggs, as many pounds of butter, and a few quarts of whortleberries, had been disposed of, and their pro ceeds expended in the purchase of sundry articles of prime necessity, such as homespun, rum and tobacco, and die party were now mustering for the purpose of taking their departure for home. But Si Perkins, as he was familiarly called, was missing, and while his wife was in anxious search of him, Boss Ankles and Bill Sweeny, who comprised the balance of the party, were busily engaged in talking politics, over a halfpint in the measure, which Mr. Harley had judiciously thrown out as a bait for their future trade. HOW TO KILL TWO BIRDS WITH ONE STONE. 107 Desperate cases prompt desperate remedies--and thoughTrfc>jjvds not easy to surmise in what way ad vantage coulo^pojsibly accrue from such an expedi ent, our hero conceived a mischievous design upon the innocent and unsuspecting poney, which he re solved at once to put in execution, trusting to chance and his own ingenuity to turn the consequences to the advancement of hft own especial interests. Ac cordingly, he seized the first favourable opportunity --when the confusion of voices within was loudest-- to conduct Si Perkins's marketing equipage, unob served, to the rear of the store--then opening the large old-fashioned cellar-door, he backed horse and cart into the cellar, and hastily throwing into the cart a few of the first articles upon which he could lay his hands, reascended, closed and fastened the'door after him, and quietly resumed his seat upon the box. He had not been-long reseated when Si Perkins-- who had been discovered by his wife at the grocery on the opposite side of the square, while in the act of negotiating the preliminaries of a fight about the Troupe treaty--made his appearance and passed into the store to take a parting leave of Mr. Harley. But Mr. Harley had stepped out, and it was while wait ing that gentleman's return, that the observant Mrs. Perkins made the astounding discovery that the " cretur" was gone! " Thar, now, Si," said she, "you see what comes of your projectin' about town, when you ought to be gwine home. The horse and cart is done gone, and every thing in it!" Si hastened to the door, and raising his slouched 108 CHRONICLES OF PINEVILLE. hat from his eyes, took a brief survey of the street in every direction--then turning to his wife, with a countenance expressive of the most painful anxiety, he inquired-- " Did you put the sperits in, Nancy ?*r "To be sure I did, and the truck, too," replied his wife. " Well, now!" exclaimed Si--" you is done it!-- here's a business! But that's always the way with you--there's everlastin'ly something happenin' whenever" Si Perkins!" exclaimed the little sharp-visaged woman, darting at him a glance from her small black eyes, that would have dislocated every bone in his body had he not been accustomed, to its infliction. " Yes," she resumed after A pause, during which Si's heart ceased to beat, "you better hush layin' it on me!--I wonder if I wasn't trampoosin' all over the place to find you--and whar was you when I found you?--round to that 'bominable grocery, tryin' to kick up a fight 'long with Bill Pilcher--and you ntay thank me that you's got eyes left in yer dratted head to look for yer blind horse !" That speech was enough for Si, considering its source, and he at once set about searching for'the missing horse and cart. The balance of the Ticklegizzard party, bearing in mind that there was a jug of rum in the case, were prompt to lend their aid. Away they scattered in every direction, inquiring of everybody they met if they had " seed any thing of a blind horse and cart, with a jug in it?" But all their efforts were vain,--they could get no tidings V HOW TO KILL TWO BIRDS WITH ONE STONE. 109 of the objects of their search, and one after another they returned to the store, to report the result of their investigations and to take counsel as to what course was best to be pursued. Mr. Harley, who had re turned in the mean time, was of opinion that the ani mal had gone home, and that there was no occasion for giving themselves any further uneasiness about the matter. But Si Perkins knew better than that-- Who ever hearn," said he, " of a blind horse gwine home, six miles, all alone by himself?" " That's a fact," remarked Boss Ankles, " it aint in natur for 'em to do it, no more'n it was for my hat and shoes to went off by 'emselves that time. Some body's tuck that horse, Si Perkins, you may depend." " Yes," added Bill Sweeny, and that'licker's as clear a gone as ever was." " But who upon yeath could went and stol'd 'em right here in broad daylight, 'thout nobody seein' 'em ? "Never you mind that," said Boss Ankles, " ther's plenty of meanery and shecoonery in this town to do any thing." Just at this stage of the deliberations, o'ur hero, who had been all the while intently engaged in carv ing the pine-box upon which he sat, affected to over hear the conversation of the anxious group that was assembled near the store-door, and to become in terested in the subject of their investigation. Ap proaching them he inquired-- " Was it a little sun-burnt sorrel horse ?" " Yes!" answered two at once. 9 110 CHBONICLES OF PINEVILLE. t " With a bobtail ?" Yes!" "In a small cart with a new body ?" " Yes, with a jug in it," answered a trio of voices, while the whole party gazed with eager expectation into the face of the interrogator. " Well,"-said our hero, "I saw such a horse and cart standing hitched to that rack, not more than fifteen minutes ago, and my opinion is that the horse could not have got loose without help." "To "be sure it couldn't," remarked Si, "for I hung him hard and fast, myself." " But even if he might have got loose," resumed our hero, " it is not probable that he could have got out of sight so quick." That's a fact, said Boss Ankles, and we've looked all over town for 'em." "But, gentlemen, did you follow the track of the cart?--that would, if taken in time, most certainly lead you to your property." " Well, bless my soul!" exclaimed Perkins, " why didn't we think of that before! Come on, boys-- the 'squire's got more sense than all of us put toge ther--come on, and we'll soon see whar old Button's been tuck to." The next minute the whole party were pursuing the track of the cart, which they trailed round to Mr. Harley's back lot, through the gate into the yard, and up to the cellar-door. In another minute the door was opened, and Si Perkins had just succeeded in urging his half-famished tuckey up the steps, when Mr. Harley's clerk, who was in the back room at 'Stop.that tart' you infernal scoundrel"' exclaims! Mr. Havlcv HOW TO KILL TWO BIRDS WITH ONE STONE. 113 the time, attracted by the nqjse, thrust his head out at the window, and saw the cart driving away from the cellar with certain articles of unsold merchanv dise. Shocked beyond measure at such a high handed proceeding, Mr. Van Scoik rushed into the front store exclaiming-- "Mr. Harley! Mr. Harley! do you think tfiem Ticklegizzard people aint out in the" back lot, carry ing off our goods by the cart-load!" "The d--1 they are!" exclaimed Mr. Harley, leaping over the counter and hastening out, followed by his clerk and the few persons that were in the store. Our hero joined to see the fun, secretly exulting at the success of his scheme, and whispering to himself-- " Now whether he sue Perkina, Or Perkins him, or each do sue the other, Every way makes my gain!" The party with the horse and cart were making their way across the yard to the street, when the astonished merchant and his friends came upon them. "Stop that cart! you infernal scoundrel!" ex claimed Mr. Harley. Si would have stopped the speaker's mouth with his fist, but that it required the active employment of both his hands to guide the movements of his affrighted nag. However, his tongue was free, and with it he gave Mr. Harley as good as he sent, un til the latter ordered his clerk to seize the reins of the animal. This movement caused others on both 114 CHRONICLES OF FINEVILLE. sides to interfere, and a scuffle ensued, in which, amid a torrent of oaths and imprecations, the cart was overturned, Mr. Harley's face badly scratched and some of his hair pulled out by Mrs. Perkins, Mr. Van Scoik's spectacles broken across his nose, and other slight damages done to sundry persons. It is uncertain how the affair would have ended, had it not been for the timely arrival of 'Squire Ro gers, who promptly commanded the peace. " Oh, yes," exclaimed Si, as he and his friends were busied in righting the cart--" dadfetch your everlastin* picter--you was certain they was gone home, was you ?--and you wouldn't give yourself no more trouble about 'em. You oudacisus old swindlin' cus*! But I'll have the law of you--I'll show you how to steal people's horses and carts agin!" Mr. Harley, still panting from the effect of his encounter with the woman, stood in a sort of be wilderment, pointing to the articles which lay strewed upon the ground-- " Just look," said he, " at the bacon and things that scoundrel was carrying off!" " Oh, yes! you old thief-o'-thunder, you needn't try to turn it off that-a-way. I always thought you wasn't none too good to steal, but now I've got pint blank proof agin you." Well, I always had a good opinion of Mr. Har ley, though I have hearn a deal of talk about him," said Boss Ankles. But this looks monstrous 'spicious, that's a fact." " Oh, I'll give my Bible affydavy that he stold HOW TO KTIJi TWO BIEDS WITH ONE STONE. 115 the horse and cart, and hid 'em, and wouldn't tell whar they was," added Bill Sweeny. " Yes," said Mrs. Perkins, and he ought to go to the penitentiary this very minit--the old squinch owl--so he ought." While Mr. Harley and his clerk were busied in removing trie hacon and other articles that had been taken from the cellar, the Perkins party regained the street, where, after a brief consultation, it was determined to prosecute Mr. Harley for stealing, and, in order to prevent any miscarriage in the bu siness, to employ the young 'squire, of whose saga city they had recently had such convincing proof, to conduct the case. Accordingly, a warrant was issued by 'Squire Rogers, summoning Absalom Harley forthwith to appear before him, to answer to the charge of lar ceny, upon the complaint of Josiah Perkins. There had been a dearth of incident in Pineville for some time, and the various exaggerated reports of the affair that had given rise to the prosecution-- which soon spread throughout the town--had the effect to assemble a considerable concourse of peo ple at the magistrate's office to witness the proceed ings. Like most men, Mr. Harley had his enemies as well as friends, and, as is usually the case in small villages, friends and foes took opposite sides, and the matter began /to assume the character of a party question. While some were shocked beyond mea sure at the proceeding, and did not hesitate to ex press the opinion that Perkins was himself the thief, an equal number were as ready to credit the accusa- 9* 116 CHRONICLES OF PINEVILLE. tion against Mr. Harley; in which opinion their judgments were fortified by the sudden recollection of numerous transactions in the past history of that gentleman, which they never had been able to re concile with their own notions of honesty and fair dealing. But to proceed with the case of STATE vs. ABSALOM HARLEY. Mr. Harley having made his appearance, and the witnesses being all in attendance, 'Squire Rogers proceeded with due formality to make the necessary preparations for entering upon the discharge of his official duties"." Having arranged his books and papers (comprising a Digest of the Laws of Georgia, a copy of the Bible, an Almanac for the year, and a half-quire of foolscap paper) upon the table before him, he wiped his spectacles with his hand kerchief, and placed them deliberately astride of his nose--then assuming an air of judicial gravity, for which his face was most admirably adapted,--and which, in the honest man's opinion, was a highly important function of the magisterial office,--he or dered Snipe, the constable, to bring a fresh pitcher of water--after which he announced that he was ready to proceed in the investigation of the case. At the request of the magistrate, Thomas Jefferson Jenkins, Esq.,--who, with a considerable number of legal books, occupied one end of the 'squire's table--rose and read the warrant. Mr. Harley list ened with an air of incredulous unconcern, which, by the -unprejudiced, was considered as strongly in- HOW TO KILL TWO BIRDS WITH ONE STONE. 117 dicative of his innocence, but which the opposite party regarded as the brazen-faced insolence of casehardened guilt. " Absalom Harley," said 'Squire-Rogers in a very solemn and imposing manner, " you hare hearn the charge agin you--is you got any answer to make to this court ?" Mr. Harley was about to speak, but, unfortunately for him, could not resist a laugh at the ludicrous position in which he found himself. Such conduct would hare prejudiced a better cause-- " Silence in court!" exclaimed the outraged ma gistrate. Then leaning forward and gazing fiercely in the face of the prisoner, until his eyes became green with venom, he continued--" Is you laughin' at this court, sir ?--this court didn't come here, sir, to be laughed at, not by no kinds of character, sir. This court are the law of the land, sir--and no kind of character whatsomever has a right to make game of the law, sir----" Why, Rogers, I'm----" "This court aint name Rogers, sir--this court don't know nobody but the law--this court are a regular constitootional authority, and aint irresponsi ble to nobody but justice and the laws of Georgia." " But I meant no disrespect to----" " Silence, sir--this court don't disrespect nobody out of the law--this court, sir, are a court, and don't know who's guilty till they prove themselves inno cent according to law, for this court are blind out of the law, and don't know nothing." " That's a fact," interrupted Harley, adding in 118 CHKONICLES OF PINEVILLE. an under-tone--" and it is useless to multiply words, for this court are a d--d fool!" "Is you gwine to answer the question of this court ?" peremptorily demanded the 'squire, too much enraged to hear the concluding remark of the prisoner. "Is you guilty or not guilty?" " Of course I'm not guilty," replied Harley, who by this time had come to understand that he had nothing to expect from " this court," but what he might be entitled to underwits strictest construction of the law; and he now began to feel some degree of solicitude in a matter .which he had at first re garded as utterly ridiculous. Well, sir, we'll see about that," said the 'squire, in a severe tone. 'Squire Jinkins, you may pro ceed with the case." All eyes were immediately turned upon the young lawyer, who, rising gracefully from his seat, after a slight effort to clear his throat, proceeded to open the case. The angry altercation that had just taken place, had served to show him the weak side of the official dignitary whose favourable regard .it was of such vital importance he should gain, and he had like to have commenced his address with "most potent, grave, and reverend seignor," but appre hending that he might possibly overcharge the old gentleman's vanity, he contented himself with less magniloquent phrase-- " May it please this very honourable court," re marked our hero, " this is a case of simple larceny, in which my client, Mr. Josiah Perkins, a worthy citizen of this county, appears as prosecutor against HOW TO KILL TWO BIRDS WITH ONE STONE. 119 Absaloiri Harley, merchant of this place. The par ticular circumstances of the larceny, we will, with your- honour's permission, proceed more fully to set forth and substantiate to the satisfaction of this honourable court, by good and'sufficient testimony. Your honour will please to swear Mr. William Sweeny, Mr. Boss Ankles, Mr. Josiah Perkins, and Mrs. Nancy Perkins." 'Squire Rogers rose from his seat with the stately gravity of a high-chancellor, and, after instructing the witnesses with which hand, and how they should hold the book, administered the oath in the most solemn and impressive manner. Si Perkins and Bill Sweeny grasped the volume firmly and kissed it resolutely, while Boss Ankles, whose lips had, perhaps, never before come in so close contact with ' truth, but had efften sipped from Mr. Harley's pint measure, turned quite pale and cast his eyes to the floor. Mrs. Perkins had been in a pet all afternoon, and saluted the " calfskin" as a toad catches flies-- so quick that few saw the operation. The prosecutor was then examined. "Mr. Perkins," said our hero, "you will now please to state to this honourable court, all the par ticulars in relation to this transaction." _ * " 'Zactly, 'squire, that's jest what I want to do. Well, you must know that Nancy was wahtin' some little fineries, and the childer's clothes was gittin* monstrous raggedy, and----" "Please confine yourself, Mr. Perkins, to the matter under consideration," interrupted the prose cutor's counsel. 120 CHRONICLES OF PINEVILLE. Jes so, 'squire, that's what I'm comiri' to--and the baby had the rickets, and wanted some doctor's stuff, so Nancy was at me for up'ards of a week to put Button in the cart and come to town with her, and----" " Very well, Mr. Perkins, after you came to town, you went to Mr. Harley's store to trade ?" " To be sure we did, and bought a heap o' truck, and some things he did stick .it to us monstrous in the price, and Nancy said to me, ses she----" Never mind what Nancy said, Mr. Perkins. Where were your horse and cart while you were trading with Mr. Harley ?" " Bless your soul, they was right out before the door, tied hard and fast to the horse-rack. But I jest want to tell you what a audacious rascal he is. Ses Nancy to me, ses she, < Si----' " "Never mind, Mr. Perkins, we will endeavour to make that appear presently. When did you first miss your horse and cart?" - " Well, you see, after we was done buyin' the things, I went over to the grocery a bit, to see Sam Culpepper, 'bout a pair o' plough-lines what his nigger feller borried last spring, and----" Very well, that's enough about the plough-lines. But when you came back-----" " 'Zactly, when I come back to the store, drat the horse and cart was to be seen anywhar about-rand Nancy, she come after me to go home, and ses she to me, Now, Si----' " "This court can't hear what Nancy said!"1 inter rupted 'Squire Rogers, turning abruptly to the witness. HOW TO KILL. TWO BIRDS WITH ONE STONE, 121 " Well," resumed Si, raising his roice to the highest possible pitch--" Nancy ses to me, ses she, there, now----" " Silence! shet your mouth!" commanded the enraged magistrate--" This court's got as good ears as any man, but they aint for to hear no old woman's gabblement, 'thout its under oath." " But 'squire, I thought------" "Hush your mouth, I tell you! You haint got no business to think in court. This court don't qualify no witness to think. Now, sir, go on with yer statement, and don't be a circumlocutin' all over God's yeath, or this court '11 find a way to subtract the truth from you, sir." "His honour is right," resumed our hero. "A witness should confine himself to facts only. You will, therefore, proceed, Mr. Perkins, to inform this honourable court, in as brief manner as possible, how and where you! recovered your property." " Which ?" inquired the mortified prosecutor. "Please inform his honour where you found the horse and cart." " Why, down in Ab. Harley's cellar." " Did Mr. Harley show them to you ?" " That he didn't. He said he didn't know no thing about ''em, but 'lowed they was^ gone home, and after I and Ankles and Sweeny looked everywhar for 'em and couldn't find 'em nowhar, we tuck the track of the cart, and follered it right up to the cellar-door." " Was the door closed ?" Well, it was. It was shet down tight, and the 122 CHRONICLES OF PINEVILLE. iron bar put over the thing what holds it, but it wasn't locked." " Well, what followed, Mr. Perkins ?" " Why, jest as soon as me and Sweeny opened the door, old Button he whickered at us, and I went down and brung him out, and we was carryin' him out of the yard, when here comes old Harley and that long-legged feller, Van Squoik, and kicked up a terrible rumpus, and skeered the horse, and upset the cart, and lil^e to mashed every thing all to flin ders." " Do you live in this county, Mr. Perkins ?" " Yes, sir, all my life." " Where and when did this transaction take place ?" " Why, over thar at the store, not more'n a hour ago." " Very well, Mr. Perkins, you may stand aside." The substance of his testimony having been writ ten down by his counsel, it was duly subscribed to and reaffirmed by the prosecutor, after which it was submitted to the honourable court. . Mrs. Nancy Perkins was next examined. " You will please to state, Mrs. Perkins," said the counsel for the prosecutor, " what occurred to day at Mr. Harley's store, after you had concluded your purchases." " Why," remarked the little sharp-visaged woman, in a peculiarly rapid and emphatic manner, " after, the things, was all done, wrapped up, and, paid for, Si, he 'lowed, he'd, jest step across, the square, a bit, while I, put 'em, all in, the cart, and, got ready, HOW TO KILL TWO BIRDS WITH ONE STONE. 123 to go home. Well, after he was gone, Mr. Barley's man (now, I'm jest a-gwine to tell, the whole. bis* ness, jest as it was,) he tuck Ankles, and Sweeny, into the back room, and, gin 'em some licker, and, thar they was, drinkin', and runnin on, with all manner, of nonsense, while I, waited, and waited, for Si, till, I was, completely, done out. Bimeby, Mr. Harley, he 'lowed, I'd belter, go after Si, if I wanted him, to go home, to-night; so I went, and, found him, over, to the grocery, and, when we come back, the horse, and cart, was gone, and, after we, looked, everywhar, for 'em, we found 'em, hid. away, in, Mr. Harley's cellar. And, that's, the whole, truth, about it." Sweeny's testimony fully corroborated that of the prosecutor, and though Ankles was more cautious than the rest, and was extremely careful to state nothing positively, but only according to the -best of his knowledge and belief," the weight of his evi dence went to strengthen the presumption against the prisoner. Mr. Harley' declined asking the witnesses any questions, and having none to adduce in his own behalf, he relied for his defence solely upon the deficiency in the evidence as made out by the prosecutor. He reminded the honourable court that there was no evidence before it that implicated him in the slightest degree, and expressed a confident hope, that though false statements had been made under oath, by the prosecutor, for the purpose of covering his own guilt, no one in the community in which he had lived for many years, would 10 124 CHRONICLES OF PINEVILLE. believe him guilty of the charge preferred against him. There was a moment of breathless silence, while our hero was arranging his notes and authorities preparatory to making his maiden speech. 'Squire Rogers condescendingly turned his benign counte nance upon him, as he thus addressed the court-- " May it please your honour--I doubt not but that your honour has participated with me in the utter astonishment with which I have listened to the de fence set up in this case',--if, indeed, it may be called a defence. I am as yet young in the practice of the law, but I trust, sir, that if I should, like your honour, live to grow gray in legal experience, I will never asrain witness such a miserable exhibition in O a court of justice. Why, sir, what is the defence relied on in this case ?--simply the alleged inconclusiveness of the testimony jon the part of the pro secution. And let us see what this testimony is. We have proven, by three respectable witnesses, that the horse and cart of my client were at a certain time standing before the prisoner's door, that he de coyed two of the witnesses into the back room of his store, and afterwards persuaded the other wit ness to go in search of her husband--that while she was absent the horse and cart were taken, and that after the prisoner had denied all knowledge of them, they were traced to his cellar, where they were found, secreted away out of sight. Now, I would ask your honour, what further testimony, short of positive proof of the actual caption, would the pri soner have us introduce into this court, in order to HOW TO KILL TWO BIKDS WITH ONE STONE. 125 establish his guilt ? But, may it please your honour, I am willing to throw aside all these concurrent cir cumstances--in themselves more than sufficient to establish the larceny,--and rest the validity of my client's cause simply upon the fact of the possession, under the circumstances in which we have shown" it to this honourable court. By reference to the books we will find that, ita lex scripta est--To con stitute the offence of larceny, it is necessary that there should be a caption and asportation, with a felonious intention, of the goods of another. Now, may it please your honour, the possession of goods or chattels, which have been taken irom another person having a right to them, without his consent, and unaccounted for, is primafade evidence of the caption and asportation, with felonious intent. In other words, if a man be in possession of goods or chattels under such circumstances, the law requires him to account for his possession, which it thus re gards as presumptive evidence of larceny, applying the maxim, "stabitur presumptioni donee probitur in contrarium." (Here the honourable court's mouth unconsciously dropped open to its fullest extent.) And if he fail to account for this possession by other testimony than his own, he must be convicted. This sort of presumption, may it please yourtionour, is more or less strong, according as the possession is more or less recent. The more recent the pos session, the stronger the case. For these well-esta blished principles of law, I needxjjarjdly refer this intelligent court to East's Pleas of the Crown, 656; Kale's Pleas of the Crown, 290; 2 Starkie on Evi- 126 CHRONICLES OF PINEVILLE. dence, 840; Addison's Reports, 320; Archbold's Practice, 76, and numerous other learned authori ties. Nor need I occupy the time of this honourable court by applying these principles to the case under consideration. I will, may it please your honour, only remark in conclusion, that we have abundantly proven the possession of our property by the defend ant without our knowledge or consent, and as he has utterly failed to account for that possession, this honourable court is bound to presume that he took the property animo furandi^ and to commit him ac cordingly." If there were any doubts resting on the mind of 'Squire Rogers before, this speech, so replete with complimentary allusions to " his honour's" sagacity, and abounding with legal terms so utterly beyond his comprehension, had the effect to disperse them at once, and to irrevocably fix his conviction of the prisoner's guilt. After a moment's silence, during which 'Squire Rogers looked unusually wise, he thus delivered the judgment of the court. " Absalom Harley, you is committed by this court, to the amount of five hundred dollars for your ap pearance to the next honourable Superior Court." While this decision gave evident satisfaction to a large number of the persons present, there were yet some who regarded it as wholly unjust, notwith standing the able arguments of counsel. And as Mr. Harley had before intimated his intention of prosecuting PerkLns, he was now strenuously urged to do so, by his friends, who suggested that as he \ HOW TO KILL TWO BIRDS WITH ONE STONE. 127 nad fallen under the displeasure of the magistrate, his true policy would be to employ the young law yer--who, it was evident to all, had won a high place in his honour's" favourable regard--to con duct the suit. It required much persuasion to induce Mr. Harley to adopt this latter suggestion. After what had just taken place, he felt much more like seeing Thomas Jefferson Jenkins, Esq., "to the d--1," as the saying is, than giving him a fee. But, on being reminded of the utter hopelessness of his case unless he should succeed in overcoming the prejudices of 'Squire Rogers, and being assured by uncle Hearty, that " Lawyers is like shot-guns, and hits whoever they's pinted at, 'thout any malice prepens," he waived his objection, and consented to employ the same weapon against terkins which that individual had so successfully directed against himself. Ac cordingly, through his friends, he approached our hero on the subject, who he found not only perfectly willing to advise him in his case, but, as he ex pressed it, extremely happy to have an opportunity thus afforded him of proving to Mr. Harley, the total absence of any thing like feelings of personal hostility, on his part, towards him. After hearing the evidence upon which Mr. Harley relied to sustain the prosecution, our hero remarked that the gist of the action was unquestionably the same in both cases, and that though it was not usual in the practice, for a gentlema^a of his profession to prosecute his own client, and by doing so he might possibly expose himself to the unjust sarcasm, "iras 10* 128 CHRONICLES OF PINEVILLE. et verba locwvt" yet, under the circumstances, he did not think that his opinion, given super subjectam rnateriamy in the first case, ought to operate as a bar to prevent his acceptance of a fee in fEe one now about to be brought ; adding, that he had not a doubt but that he could, from the evidence, con vict the whole Ticklegizzard party of the offence of larceny from the house ! Mr. Harley was delighted at the prospect of wreaking his vengeance upon those who had sworn so lustily against him, but conscientiously reminded his counsel that the goods were taken from the cellar--to which our hero re- , that that fact was perfectly immaterial to the ssue. Accordingly, while 'Squire Rogers was transcrib ing the form of a bond from the Georgia Justice, in the case of " The State vs. Harley," our hero was busily engaged in drafting the necessary papers in the new prosecution. Immediately upon the decision of their case, the Ticklegizzard party had withdrawn, in boisterous triumph, to their cart, where, with numerous friends, they made a desperate attack upon the contents of the stone jug. Si Perkins, who was unusually elated on the occasion, made a speech from his cart-body. " Boys," said he, " I can jest tell you what it is --'-that 'Squire Jinkins is a leetle bit the smartest man in these parts! Did you ever hear sich a speech ? And the way he knows the law from old Moses up, is perfectly 'mazin'. Why, he can talk more sense in a minute than old Rogers can under stand in a coon's age. And what's more, he's my HOW TO KTIJi TWO BIRDS WITH ONE STONE. 129 candydate for the next legislater, agin old Nippers or anybody else. Hurra for Jinkins !" "Three cheers for Jinkins!" shouted the crowd unanimously. Hurra ! hurra ! ! hurra ! ! !" " Stop, boys, for a sentiment^" exclaimed Bill Sweeny, with the jug in his hand. I give you old Ab. Harley-- He thought he was monstrous smart, To steal Si Perkins's horse and cart-- But lawyer Jinkins has tuck him into tow, And now to the penitentiary he will go !" A loud hurra followed the delivery of Bill Sweeny's impromptu, which had not entirely died away, when Constable Snipe made his appearance in their with the warrant for Perkins, Ankles, and Sweeny-- Mrs. Perkins having been omitted by courtesy of the prosecutor. The summons of the 'squire came upon them like a clap of thunder out of a clear sky, and their hearts quaked with fear while the shout of triumph yet lin gered upon their lips. The jug was immediately called in, the corn-cob replaced in its neck, and the party, attended by their astonished friends, re paired to the magistrate's office. 'Squire Rogers's surprise at the strange proceeding had, ^fter our hero's brief explanation, somewhat subsided, and he was prepared to receive the new culprits with his wonted calm and dignified composure of man ner. After some little preliminary arrangement, "his honour" announced that he was ready to proceed in the investigation of the case of 130 CHRONICLES OF PINEVILLE. STATE vs. JOSTAH PERKINS, WILLIAM SWEENY, Boss ANKLES. The proceedings were formally opened by the reading of Mr. Harley's affidavit, to which the pri soners listened in utter amazement, and when the usual question was propounded, they unanimously declared themselves " not guilty of no sich doin's." But what was their surprise and consternation, when they beheld their late counsel, Si Perkins's own can didate for the legislature, rise and state the case on behalf of the prosecution-- " This, may it please your honour," said our hero, " is a case of Larceny from the House, which differs from the case which has just been so ably decided by your honour, only in a single feature. In this case the* goods were taken from the enclosure of the prosecutor. Though this circumstance alters the grade of the offence, the principles of law by which the case is to be decided are precisely the same, and if we can establish the possession before this honourable court, by good and sufficient testimony, it will then devolve upon the prisoners to account for that possession, in default of which we will be entitled to a commitment. We will now, may it please your honour, introduce testimony to prove-- 1st, the possession by Perkins, and 2d, the partici pation of Ankles and Sweeny in the felony, as prin cipals in the second degree. Your honour will please to qualify Absalom Harley, Eugenius Augustus Van Scoik, and Jonathan Hearty." The witnesses being sworn, Mr. Harley was first examined. HOW TO KILL TWO BLRDS WITH ONE STONE. 131 Prosecutors Testimony.--" Prisoners had been trading at witness's store--when witness returned from the post-office, understood that prisoners had lost their cart--saw no more of them for some time-- was- selling Mr. Hearty a pair of suspenders when clerk informed him that prisoners were in the hack yard carrying off his goods--witness ran out to stop them-^met them coming with the cart from the cel lar--prisoners were all in company--ordered Perkins to stop--prisoner refused, and Sweeny said he would break witness's d--d old bald pate if he touched the cart--there were several sides of bacon, one coil of bale-rope, two pieces of bagging, and one iron tea-T kettle in the cart at the time, all the property of witness--when clerk caught the bridle of the horse, Ankles and Sweeny interfered--the cart was over turned, and witness recovered his property with great difficulty--the transaction occurred to-day, in this county--witness is a citizen of this county." The testimony of both the other witnesses fully corroborated the statement of the prosecutor. On the part of the defence, the prisoners adhered to their former statement, denying any knowledge of the goods alleged to have been stolen. Counsel for Prosecution.--"May it please this honourable court, as it is growing late I will occupy your honour's time but a few minutes in arguing a case which, I doubt not your honour will agree with me, is too plain to admit of argument. J will only remark that in this, as in the former case, the possession proven is not satisfactorily accounted for by the testimony of the prisoners; which, in the 132 CHHONICLES OF PINEVILLE. absence of positive proof, the law holds to be pre sumptive evidence t>f the felonious intention. The fact that the prisoner Perkins might have gone down into our cellar to recover his horse, does not author ize the presumption that he gathered up our goods and carried them off in his cart by mistake; nor is the asportation in the slightest degree purged by the subsequent surrender or abandonment of the goods, even though the possession was but momentary. (See 1 Hawkins, c. 33; Leach, 267; Hale, 533.) However, not doubting but that your honour will at once perceive the striking similitude of the cases, so far as the possession is relied on, I will leave your honour to adopt the maxim, res judicata pro veritate accipttur, and pass to the other branch of the testi mony, by which we seek to involve the prisoners, Ankles and Sweeny, as principals in the second de gree. A principal in the second degree, may it please your honour, is a person who is present aid ing and abetting the fact to be done, and in the proof it is only necessary to show that he was near \enough to lend his assistance in any manner to the commission of the offence. (See 2 Starkie on Evi dence, 6 ; Hale's Pleas of the Crown, 615.) Now, may it please your honour, we have shown the pri soners not only to have been present at the time, but, by their own admission, to have been actively assisting the principal, Perkins, in the commission of the larceny. We, therefore, most confidently ask of this honourable court, the commitment of the pri soners." 'Squire Rogers mustered up his sluggish intellect HOW TO KILL TWO BIRDS WITH ONE STONE. 133 and took a profound view of the case. It did look like a rather wholesale business to commit both parr ties. But the evidence was conclusive, and after the law had been so ably expounded, he felt that it would be sinning against light and knowledge to give any other judgment in {heTuiase, than that so confidently asked of " his honour," by the young prodigy oJ legal knowledge-who had conducted the prosecutions. Accordingly, the prisoners were duly committed. ' ^ By this decision our hero won new laurels. The Harley party were not less extravagant in their ap plause than the Ticklegizzard party had been, and now all parties joined in extolling his talents, and in pronouncing him unquestionably the ablest law yer in the state. True, the sudden change in rela tionship which had taken place, had the effect to^. somewhat abate the ardour of Si Perkins's friendship --but if he loved " 'Squire Jinkins" less, he feared him more, which, with him, was an impulse quite as strong, and subjected him even more readily to the controlling influence of our herd. With some little difficulty, the Ticklegizzard par ty were enabled to obtain bail; after which, they pushed the war upon the brown jug to the death, and then started for home, in a glorious flow of spirits. Thus matters rested until near the time for the sitting of the Superior Court, when both parties began to feel a little uneasy, and both applied to 'Squire Jenkins to defend them. But our hero magnanimously declined being retained on either 134 CHRONICLES OF PINEVJLLE. side, and not only re-established himself in the good opinion of both parties, but at the same time suc cessfully covered his own intrigue, by setting on foot a negotiation for a reconciliation, which resulted in a mutual agreement not to prosecute--both par ties conceding that there certainly must have been some mistake in the matter. From the day of the trials, the name of Thomas Jefferson Jenkins, Esq., spread far and wide through out the country, " a terror to all evil doers," and a " tower of strength" in almost every law case. Bu siness came in from all sides, and fat fees rewarded his numerous triumphs. His politics were in the minority in the county, but by his influence his party soon gained the ascendancy, and, rising with it, his aspirations after political promotion were speedily gratified by a successful competition with Mr. Nippers for a seat in the Legislative Council of tile state. His talents----(did we hear the reader yawn ?) " Then tell thou the tale," say we--but hadst thou not crossed us, thou shouldst have heard how he grew in the favour of the ladies--how the young ones admired and the old ones praised him--how he fell in love with a poor orphan girl, who had been swindled by her guardian out of a large estate --how he sued for and recovered the fortune and married the young lady--what a talk it made in Pineville--and how (after she had got her property) everybody thought she was handsome--and how the respectable people always knew that she had been brought up a lady,--and how happily 'Squire HOW TO KILL TWO BIRDS WITH ONE STONE. 135 Jenkins and Mrs. 'Squire Jenkins lived together-- and how many and what beautiful children they had--" with many other things of worthy memory, which now shall die in oblivion, and thou return unexperienced to thy grave." 11 THE DUEL. T was on a rainy September evening in the fall 8--, that a group of men were seated round the cheerful bar-room fire of the Planters' Hotel. Among them were several from the country, who were detained in town by the inclemency of the weather, but the majority of the company was com posed of citizens of Pineville. Uncle Hearty, who generally presided on such occasions, was present, and Sammy Stonestreet was there, to drink his share of the rum, and to indicate to the rest the laughing places in such stories as had become rather stale, or in which the humour was not easily detected by less experienced jokers. The evening was well-nigh spent--notwithstand ing the company evinced no inclination to disperse, while they freely mixed in conversation, and enter tained each other with stories and anecdotes that ever and anon elicited loud bursts of laughter; the usual precursor of which was a shrill squeal from Sammy, who beat the floor with his cotton-stalk, by way of accompaniment. Sometimes Uncle Hearty only evinced his risibility by a sort of asthmatic wheeze in the throat, but when he rose above that, and broke forth into one of his good, old-fashioned, side-shaking laughs, the balance of the company 136 THE DUEL. 137 needed no better assurance that there was indeed something to laugh at, and unanimously joined in the chorus. In the midst of this scene of social hilarity the street door was opened, and a tall, dark-complexioned man entered, and without ceremony seated himself in a conspicuous part of the room. He was at once recognised as no less a personage than Major Ferguson Bangs, and the customary salutation of good evening, Major Bangs," was uttered by several at the same time. The person thus addressed made no reply; but, crossing his legs and cocking his hat with a most impudent inclination to one side of his head, contracted his thick, black brow, and, after gazing insolently round the room, fixed his fierce gaze upon the fire, and remained silent. " Never mind, gentlemen," said Sammy, " the major's got his high-heeled boots on to-night. Go on 'bout Gun Bustin gittin' into the waspses nest." After the momentary interruption occasioned by the intrusion, the story of Gun Bustin and the wasps' nest was resumed, and Major Bangs left to indulge in his revery of thought, uninterrupted by any fur ther address. As the speaker proceeded with his story, the major smiled a very incredulous smile, occasionally uttering a loud <* ahem!"--and in the midst of the general laugh that followed its conclu sion, he was heard to mutter something that had a " d--n" in it. But no notice was taken, by tjae company, either of the clearing of his throat or the muttering. At length the major's patience seemed to have become wearied, and he determined to adopt 138 CHRONICLES OF PLNEVILLE. some surer means of attractingo attention. Accordingly, he turned abruptly round in his seat, and fixing his gaze steadfastly upon one who was relat ing an anecdote in which himself was a prominent actor, waited until the speaker drew to a close, when, as the laugh died away, he exclaimed aloud --" Doubts arising, sir!" The major was no stranger to the speaker, and the remark was permitted to pass without notice. But Major Ferguson Bangs was not to be foiled in his attempt to provoke a quarrel. He became more and more insolent, and seized upon every opportunity to interrupt and insult the speakers, by whistling upon a high key, and uttering such excla mations as--"Bah!"--"whew!"--"that'll do for the marines," and the like. At length a few whispers were passed between some three or four of the party, and a well-known wag commenced an anecdote. Major Bangs direct ed his attention immediately to the speaker. As the latter concluded, the major bent upon him a look of most ineffable sarcasm, and exclaimed-- Bah!" " I'd like to know what you mean by that insinewation, Major Bangs ?" demanded Ned Jones. "Doubts arising, sir!" exclaimed the major, with an oath. " Doubt who, sir ?" "Doubts arising, sir!" reiterated the major in a fierce voice, as he gave his chair a whirl from under him and rose to his feet. That's what I mean, sir! Take it up if you dare, sir! Do you know Major Ferguson Bangs, sir ? Take care, young THE DUEL. 139 man, how you play with the forked lightning! Whew!" and he gave his teeth a grind that was distinctly heard in every part of the room. "I only axed what you meant, major--I don't want to git into no fuss," replied Ned, apparently half terrified out of his wits. "Fuss!--bah! you asked what I meant. Pve told you, sir. You can pocket if, sir--but don't know me the next time you see me. Do you un derstand, sir? None but gentlemen are permitted to know Major Bangs, sir." Then pacing to and fro, the entire length of the room, the major complacently observed the effect of his blustering speech upon the crowdr and cast ing a searching look at the young man whom he had so rudely insulted, and who was now engaged in earnest consultation with several friends, in one corner of the room, he exclaimed in a haughty tone-- " I despise a slink!" " Who do you call a slink ?" demanded Jones. " Every dog knows his own name when he hears it, sir," replied the major. "But look here, mister, I'll let you know I aint no dog--and I aint gwine to put up with no more of your insolence, nether!" "Insolence, sir! Thunder and furies, do you know who you are talking to, sir ?" * " Yes, I'm talkin' to Major Bumblusterbus from Virginia, what got his horse's tail shaved at the Big Spring Barbecue, when he was so drunk he didn't know which eend to put the bridle on. That's who I'm talkin' to; and if he don't sing small, the fast 11* 140 CHRONICLES OF MNEVTLLE. ^ thing he'll know he'll git the worst lickin' he ever had in his life, rite here in this room." As the speaker concluded he stripped off his coat and placed it in the hands of Sammy Stonestreet, who was now dancing about in an ecstasy of delight at the prospect of approaching hostilities, while Uncle Hearty was loud in his expostulations with the crowd. " Now, boys--come major," said he, turning from one party to the other as he spoke, do stop it now --whar's the use of kickin' up a rumpus this here time o'night--look here now--listen to your Uncle Hearty, and take his advice--he's older than you all is--come now, Neddy--come, major, let's all take a drink and drap it." By this time--whether from the influence of Uncle Hearty's harangue, or some other cause, we will not pretend to say--the fiery major had become quite docile, while the other party only grew more and more hostile, until it required some three or four to hold him off. , "Whar is he ?" shouted Jones ; "jest let me light on him, if you want to see how slick Georgia kin top out old Virginy. Whoopee! I's the boy kin tame your forket lightnin's! I'm the kujaDick! the big buck of the water! the Georgia stag! Whoopee !-- don't hold me!" " Oh, yes, sir, you've got your friends round you now, and you can talk big, sir. Major Bangs can be found when he's got his friends with him, sir, but he don't fight "everybody, sir, nor in a bar-room, sir." He was now joined by three or four of the party, who professed themselves his friends, and who ad- THE DUEL. 141 vised him to challenge Ned Jones, which, they urged, would be much the most genteel way of settling the difficulty. " Oh, he's beneath my notice," said the major-- " I'll not dirty my fingers with him." " That will never do, major," remarked Bill Peters --" they'll have it all over town before to-morrow morning, that Major Ferguson Bangs was backed out by Ned Jones, a man who everybody knows is the greatest coward that ever lived." " Think I ought to call him out, eh, Peters ?" " To be sure I do ; but I'm afraid there'll be no such thing as getting honourable satisfaction out of him--for I do believe he would quit the state before he'd fight." " Well, sir, I'm of your opinion, sir,--I'll chal lenge him to-morrow." Now's the time to cut his comb, major." " Challenge him right here, now?" " Yes, and you'll see how he'll drop his feathers." Well, Peters, write out a challenge, and I'll blow him to the d--1, sir. How dare he call me Major Bumblusterbus,--a man belonging to one of the best Virginia families,' sir--Bumblusterbus! That word will be the death of him, sir. Come, let's take some liquor, and then we'll fix the challenge." Accordingly, Major Bangs, with those who claimed to be of his party, and our friend Sammy Stonestreet --who drank on this occasion as a neutral--stepped up to the bar, and, having drank "success," pen, ink, and paper were called for, and a challenge drawn in due form, which was borne by Peters to 142 CHRONICLES OF PINEVILLE. "* the adverse party. The challenge was promptly ac cepted, seconds and friends appointed, and the hour fixed for the meeting, which was to take place on the following day, at ten o'clock in the morning, in an old field at a little distance from the town. Did he look scared ?" asked the major of his second. That he did,--he turned pale as a sheet," re plied Peters. :_---, Has he a family, Peters ?" "No." "Well, that's fortunate, sir. I suppose he knows I?m a dead shot--a perfect liner, sir--cut the cross nine times in ten, on the word. But come, let's take some more liquor." Uncle Hearty announced that it was " bed-time for all honest people," and, after exhorting " the boys" to go home and take a good nap, and try to get up in a better humour in the morning, that worthy old gentleman took his departure. Soon after the party broke up--the more peaceable members to seek their beds, while the major and his friends went in search of pistols, bullet-moulds, powder, and other necessary equipments, in the collection and prepara tion of which the balance of the night was spent. Early on the following morning, Major Bangs was seen blustering through the streets of Pineville, with a pair of large duelling pistols under his arm, wrapped in a red silk handkerchief. His friends had managed to keep up the excitement by frequent libations dur ing the night, and he was now "-full of valour and distempering draughts." THE DUEL. 143 " Do you think he'll show himself on the ground ?" asked the major of his second,--" have you seen him this morning, sir ?" " No, indeed--the sun did not catch Ned Jones in the county, this morning, if he had time to get over the line before it rose." "Do you think he has cut out, sure enough?" " No doubt of it, major." " Well, sir, I will have to post him as a coward, you know. But I'd rather do that than take his life, sir, and you know I'm a dead shot." "To be sure you are, major, and a gentleman of honour." % *' " Of the Virginia stamp, Peters." " Right," said Peters--"let's take some liquor." Notwithstanding the strict injunction of secrecy, Sammy Stonestreet had spread the intelligence of the approaching duel over the whole town, and, long before the appointed hour, the best portion of the male population were on their way to the place of meeting, to witness the combat. As it drew near the time, the major and his friends repaired to the ground, where, greatly to his surprise, he beheld his antagonist quietly seated upon a log, awaiting his arrival. As Major Bangs observed Jones and his friends busied in preparing their arms, notwithstand ing his inner man was well fortified with some halfdozen glasses of brandy and water, there was a sudden change in the expression of his countenance, and he turned to his friend and remarked-- " Why, Peters, there he sits, cool as a cucumber!" " Sure enough!" replied Peters, with well-affected 144 CHRONICLES OF PINEVILLE. surprise. Well, major, it will save us the trouble of posting him, you know!" The major was, just at this crisis, afflicted with a difficulty in swallowing, and before he had time to reply, one from the adverse party called out-- " Gentlemen, are you ready to lay off the ground ?" " Why, it aint time for that yet, is it, Peters ?" asked the major in a tremulous undertone. "Yes, sir, we on the part of Major Bangs, are ready," replied Peters, without answering the major's interrogatory. " Peters," said the major, grasping him hard by the arm, and whispering in his ear--"let Dr. Jones step it off--he's got the longest legs--and tell him to straddle his best, for you see I'm death on a long shot." The process of pacing off the ground was now per formed with due formality. The pegs were driven, and the articles between the belligerant parties read. The principals were then called upon to cast lots for the choice of position. The major trembled like an 'aspen leaf, and his lips were colourless. The cool deliberation of his antagonist increased his own trepidation, and, like Bob Acres, he began to feel his valour "ooze out at the ends of his fingers." " I'm told," said Peters, approaching with a loaded pistol, that Jones is a dead shot on the third or fourth word--so, major, your best chance is to draw a quick bead." " The h--11 he is!" gasped Bangs. Why didn't you tell me that before, Peters?" continued he in a husky voice ; "have you got any liquor?" THE DUEL. 145 A bottle was produced, and the major made a heavy draw upon its contents. I'm not afraid to die, Peters," said he, as he handed back the bottle, and his filling eyes rolled wildly in their sockets, as if he were about to give up the ghost without a fire. I aint afraid to die, but somehow I feel sort o' curious. But it's not because I'm afraid, Peters. There are some little matters that ought to be fixed first, and Fd like to live till my time comes. But," he continued, grasp ing his second by the hand, and vainly endeavour ing to make a show of resolution--"you know Major Bangs, Peters----" " To be sure. I know him to be a brave man, and a man of honour, who would rather die than be disgraced on the field by----" " Right, Peters, right--toss up for choice." Up went the dollar, and as it whirled in the air, the major called out-- Heads!" Heads it is!" exclaimed Peters. The choice is ours, major." There was little or no choice in the ground, so that the major found it a very difficult matter to decide. By the aid of his second he was at length enabled to make a selection, and, stagger ing to one of the pegs, took his position. Jones was on the ground in an instant--the seconds took their respective places, arid the individual who had been appointed to give the word de manded-- " Are you ready, gentlemen ?" " Yes." answered Jones. ' L A. 146 CHRONICLES OF PINEVILLE. "No! stop!" yelled the major, scarce able to keep his feet. " What's the matter?" asked Peters, approaching. "Do you think Jones wouldn't make it up, Pe ters ?" whispered the major. " What, major! We, the challenging party, pro pose a compromise! That would never do, you know. There's no chance of an honourable adjust ment of the matter now, unless they make the pro position to us. Remember, your honour is at stake, Major Bangs, your sacred honour." This appeal was sufficient, though it was very evident that the major, like many others who have found themselves in a similar honourable position, would much rather have ventured his honour at stake than his foot at that peg. " Right, Peters--tell 'em to go ahead," said he, concentrating his energies into one desperate effort to stand erect. " Are you ready, gentlemen ?" " Yes," was the answer from both parties " Fire! (bang) one, two, three, (bang) four, five-- stop!" Both pistols were discharged--Major Bangs's be tween the words "fire" and "one." After the discharge of his pistol he could no longer stand, but fell forward on both knees. A proposition was then made, at his request, for a reconciliation. But Jones was inexorable, swore that Bangs had attempt ed to dodge his fire, and that he would not leave the field until blood had been drawn. " Load up again, boys," said he, in a voice loud ? " After the dichM of hU pirtol h could no longer stand, hut fell forward on both knee*/7 1 THE DUEL. 149 enough to be heard by Bangs, I'll tap his demijon for him this time, now mind if I don't." " If I had a thought he was such a blood-thirsty devil, I'd never challenged him," muttered the major. "I sefc it plain enough--Pm a dead man, Peters. The muzzle of his pistol is as large as the mouth of a Dutch oven, and he loads with buck shot." Oh, no, major." "Pm sure of it, Peters, for I heard 'em whiz about my head like a swarm of bumble-bees. But pass the bottle here, Peters, and I'll die like a man of honour." Just at this juncture Jones's second advanced and desired to speak witjh Peters. The major, strong in the belief that a proposition for a recon ciliation was at hand, drew himself up, and assumed a most valorous bearing--all the chivalric sentiment of his soul was pumped up for the occasion, and for a moment he stood the impersonation of resolute de fiance. After a brief consultation, Peters approached the major, remarking-- "Jones proposes, major, that as one shot has passed between you without effect, and as he is satisfied----" "So am I," interrupted the'inajor--"'I'm per fectly willing----" x " But hear me out, major. He says he's satisfied that the distance is too great, and proposes to re duce it one-half." " I'll see him d--d first!" exclaimed the disap- appointed major, all his feathers and his hopes fall- 12 J50 CHRONICLES OF PINEVILLE. ing at once. " The bloody-minded devil wants to git my head in the muzzle of his pistoL" The pistols were again loaded, and the parties took their respective positions. All the major's tre pidation had returned. As he took the pistol in his trembling hand, he stared wildly into the face of his second, muttering in a low, husky voice: " Farewell, Peters--I'm a case." " Tut, tut, major, keep a stiff upper lip, and you'll bring him this time." On the next fire, Jones fell to the ground with a deep groan! There was a rush to the spot--hi* breast was covered with blood! "Oh, my God!" exclaimed Bangs, "Pve killed him! Run, Peters, and call all the doctors in town! --run, for Heaven's sake, run I Oh, my Lord, what have I done! The devil will get my soul for this! --I told Jem I was a dead shot--Why didn't some body stop the duel?" And away he dashed into town, as fast as he could run, exclaiming--"I've killed him!--I've killed him!---I told 'em I was a dead shot!" An odd specimen of human nature was Major Ferguson Bangs. A Virginian by birth, he had, some years previous to the date of our sketch, found iiis way to Georgia in the capacity of a negro trader, and settled near Pineville. The major was a suc cessful planter, but, though he possessed many broad aeres, and joined fences with several wealthy neighboars, he had failed in rail bis attempts to join hearts THE DUEL. 151 and hands with some one of their lovely daughters; a circumstance to which some were disposed to at* tribute certain eccentricities of character in which he was at times wont to .indulge. When sober, there Was not a more sensible or better disposed person to be found than the proud Virginia major; but with him the old adage which says--"When wine is in, wit is out," was most strikingly verified. Under the influence of liquor he became a very fool, and, strange as it may seem, sought, on all such occasions, to sustain the character--for which of all others he was least qualified--of a fighting man. He was tall, athletic, and masculine in features, with a haughty curling lip ; but with all these attri butes of a bully, fight was not in his nature; nor could all the stimulus his system was able to bear infuse sufficient of the combative principle within him to render him a hero. The major was singu larly conscientious, and, perhaps, his .greatest weak ness was a firm belief in the supernatural. Drunk or sober he lived in dread of ghosts and apparitions, and those who knew him best were of opinion that, coward as he was, he feared man less than he did the devil. The reader has already come to the conclusion that the duel was a sham affair, and that the pistols were loaded with powder only. Such was the fact, . though Major Bangs, important as was the part sus tained by him in the performance, had been left en tirely ignoraat of the trick, and while the balance of the dramatis perxnut were enjoying the farce they enacted, he was " doing91 tragedy in good earnest 152 CHRONICLES OF PINEVILLE. Poor major! not only had he experienced what it is to be shot at and missed, hut now he felt the mark of-Cain as indelibly fixed upon his brow as if it had been branded there with a piece of red-hot brimstone, by the very old gentleman himself. He had honourable friends, too, who stuck by him, de termined to make the most of the occasion. They drank his health at his own expense, and bragged of his prowess, by which means they managed to keep his imagination up to fever heat, during the balance of the day. Indeed, between the influence of liquor and the pathetic accounts which they re lated to him of Jones's dying agonies, he had be come, towards evening, almost frantic. About dark, a message was brought to him from Jones. It was an urgent request that he would visit him before he died, and receive from him his pardon and forgiveness. " No, no, gentlemen; I cannot bear to look at the man I have murdered!" exclaimed the major. " But, he says he aint got but a few minutes to live, no how, and he wants you to come and see him, so he wont die with no grudge agin anybody," said one. "Did he say so, boys?" " Yes, major, and you better go and make it up with him, and then you'll be apt to sleep better, you know." " Sleep!" exclaimed the major, glaring his eyes wildly open, with a vacant stare--" sleep!--no, these eyes will never sleep again, sir--these eyes----" "Oh, pshaw, major, come along and don't snap 'em so." THE DUEL. " Yes> come, major," said his second, who joined to persuade him. " Is that you, Peters ? Will you stand by Major Bangs, Peters ? Well, come, boys--but I'd rather see the devil. Does he look bad, boys? for I can't look at him if he does." " Oh, no, he looks pretty well, considerin' he's got a ounce ball right through his guzzler rein----" That all comes of being a line shot," interrupted the major, ^vith an involuntary shudder. But you must shake hands and make it all up with him before he dies, and then you'll feel better. Besides, major, you know you killed him in an honourable way." " D--n the honourable way!--it all counts the same--and the devil will make a blizzard of my soul for it." Taking the arms of two of the company, the ma jor walked over to the long room" to take a part ing look at his unfortunate antagonist. Jones lay in a bed with his head bolstered up until he sat almost erect. His face was well smeared with flour, and bloody cloths were profusely scattered about the room. As the major came quaking to the door, it was flung wide open, and the ghastly spectacle burst suddenly upon him. Shivering with horror, he shrunk back aghast, and with mouth distended and eyeballs starting from their inflamed sockets, stood for a moment as if transfixed to the spot, while large drops of perspiration started to his brow. His foot was braced against the threshold, and all the force that could be applied to his broad shoul- 12* 154 CHRONICLES OF PINEVILLE. ders was not sufficient to urge him into the room. At length Jones beckoned him feebly with his hand. The major flinched. Jones said in a low voice-- " Fm--ah, oh !--I'm gwine, major!--ah, to-- oh!--oh-o-o-o !----" " Let me go, boys!" shouted Bangs--" let. me go!" and with one desperate effort he shook them off, and fled from the house. Had he remained a moment longer, he would have discovered the trick that had been put upon him; for Jones, unable lon ger to restrain his mirth, sprang from the bed and joined in the laugh. It had now grown late, and Major Bangs was permitted to seek his lodgings without further inter ruption. His room was upon the ground floor of an out-house belonging to the hotel--in it there were several beds, but on this occasion he chanced to be tile only tenant. Filled with horrible imaginings and gloomy fears, he sought his bed. He was in no mood to be over nice, and as his boots obsti nately refused to be drawn, he allowed them to re main--his hat and stock, being articles of minor importance, were also permitted to occupy their respective places. Thus half undressed, he threw himself upon his bed, and endeavoured to find in the arms of Morpheus a refuge from the upbraidings of a guilty conscience. But " Instead of poppies, willows Waved o'er his couch." The horrid spectacle of the dying Jones was con stantly before him, and when he closed his eyes to -' "7' \ " The demon approached, and, placing hit cloven foot upon the bed side, leaned over and gazed down upon him with his eyes of fire.' THE DUEL. 157 shut out the fearful vision, horned devils with long fiery tails danced and frisked around him, with redhot tridents in their claws, as if ready to pitch him into that unknown country, of which, in his youth, he had been taught to entertain a very unfavourable opinion. It commenced to rain, but the pattering upon the roof was no opiate to him, and the light ning only afforded him horrid glimpses of demons and devils as they skulked into the corners of the room. The storm became more "dolent--the light ning blazed in upon his face, and the thunder shook the foundations of the old building, while a rumbling sound seemed to come up from the bowels of the earth, as if it were about to open to receive him: He heard the tramp of feet in his room, and " He. felt his hair Twine like a knot of snakes around his face," as he beheld, by the fitful glare of the lightning, the old king devil of all approaching his bed. He would have prayed, shouted, fled, any thing, but his very soul was frozen within him, and he sank powerless upon his pillow. The demon approached, and, plac ing his cloven foot upon the bed-side, leaned over and gazed down upon him with his eyes of fire. The major's lips moved, but he had not breath for a word--he smelt the brimstone and saw the de mon's horns. He remembered his grandmother's charm for evil spirits--and he thought " in the name of the Lord, what do you want of me ?" but the de mon only shook its head. In the desperate extre mity of his fear the major grasped forward with both 158 CHRONICLES OF PDCEVLLLE. hands. By chance he seized the horns--the next moment he was upon the floor struggling with his satanic visiter--a moment after, he was fleeing through the street, shouting and screaming, on his way to the tavern. Some five or six village gossips were seated round the bar-room fire, when Major Bangs made his entree in the eccentric costume we have described. Why, what upon yeath's the matter with the ma jor ?" exclaimed uncle Hearty, rising from his seat. The major shook in every joint--his teeth rattled and his eyes glared wildly about the room. Why, major, what under heavens ails you ?" inquired two OF three in the same breath. "I'm right from h--11!" gasped the major. "I had him by the horns!--I told 'em it would be so-- keep him off, wont you, gentlemen--where's Peters ?" " Pore feller!" remarked uncle Hearty--" he's lost his senses. The boys has been projectin' with him agin." He was wet and cold, and it was quite evident that his physical strength was fast sinking under the terrible excitement of his mind. Humanity sug gested that something should be done to check the raging fever of his brain, or dangerous consequences might ensue. Accordingly, he was conducted to a bed and his comfort carefoHy provided for. About noon on the following day the major made bis appearance in the bar-room, and desired to fee I THE DUEL. 159 the landlord. His face was haggard and pale, his eyes blood-shotten and heavy, and his countenance still bore the traces of the dreadful fright he had ex perienced. He seemed to have a confused recol lection of the incidents of the past day, but on no subject was his memory clear and distinct, except in reference to his encounter with the devil. That circumstance had macjpe an indelible impression on his mind, which his friends found great difficulty in removing--nor is he to this day clearly satisfied that there was not some infernal agency in the matter. He was duly informed of all the particulars of the duel--how he had been drunk, insulting everybody he met, and how that a few mischievous fellows had made him the hero of a sham duel. "But, captain," said he, "the devil?--I saw him, sir, last night, as sure as I stand here, sir." " You saw my old Billy-goat," replied the land lord. "You went to bed in the long room,' and left both doors open, and when the rain came on, Billy sought shelter in your apartment." " Oh, but I smelled the brimstone, sir, as plain as could be." " You smelled Billy's.beard, major, which is quite high flavoured, and might be taken for brimstone by a man who would go to bed in his hat and boots." "Then you think it really was him I had the tussle with, eh ?" "To be sure it was--he is the only horned gen tleman on my premises, I trust." " Well," replied the major, after a moment's re flection, " I've made a pretty considerable fool of 160. CHBONICLES OF PINEVILLE. myself, sir, that's a fact. Hare my horse brought out, sir, and if ever you catch Major Ferguson Bangs in another such scrape, sir, may the devil get him sure enough, sir." Major Bangs did not show himself in Pineville for a long time after this event, and when he did visit town again, he had but one quarrel, and that was with the first man who asked him to drink. He was never known to be drunk after the day of THE DUEL. THE FIRE-HUNT. SAMUEL SIKES was one of the most inveterate hunters I ever knew. He delighted in no other pursuit or pastime, and though he pretended to cul tivate a small spot of ground, yet so large a portion of his time was spent in the pursuit of game, that his agricultural interests suffered much for the want of proper attention. He lived a few miles from town, and as you passed his house, which stood a short distance from the main road, a few acres of corn and a small patch of potatoes might probably attract your notice as standing greatly in need of the hoe; bjjrtT the most prominent objects about Sam's domicile pertained to his favourite pursuit. A huge pair of antlers--a trophy of one of his proudest achievements--^occupied a conspicuous place on the gable end; some ten or a dozen tall fishingpoles, though modestly stowed behind the chimney, projected far above the roof of the little cabin, and upon its unchinked walls many a 'coon and deer skin were undergoing the process of drying. If all these did not convince you that the proprietor was a sportsman, the varied and clamorous music of a score of hungry-looking hounds, as they issued forth in full cry at every passer-by, could not fail to force ooaviction. 161 162 CHRONICLES OF PINEVILLE. Sam had early found a companion to share with him his good or ill luck, and though he was yet on the green side of thirty, he was obliged to provide for some five or six little tallow-faced " responsibili ties ;" so he not only followed the chase from choice, but when his wife--who hated "fisherman's luck" worse than Sam did a " miss" or a " nibble"--took him to account for spending so many broken days, Saturday afternoons, rainy days and odd hours, to say nothing of whole nights, in the woods, without bringing home so much as a cut-squirrel or homeyhead, his rtady reply was, that he was " 'bleeged" to do the best he could to get meat for her and the "childer." The Fire-Hunt was Sam's hobby, and though the legislature had recently passed an act prohibiting that mode of hunting, he continued to indulge, as freely as ever, in his favourite sport, resolutely main taining that the law was " unconstitootional and agin reason." He had often urged me to accompany him, just to see how " slick" he could shine a buck's eyes; and such were the glowing accounts he had from time to time given me of his achievements in that way, that he had drawn from me a promise to go with him some of these times." I was sitting one evening, after tea, upon the steps of the porch, enjoying the cool autumnal breeze, when my friend Sam Sikes suddenly made his appearance. He had come for me to go with him on a fire-hunt, and was mounted on his mule Blaze, with his pan upon one shoulder and his musket on the other. Determined to have every thing- in readiness before Good ereain,' major," said be, " I've come out to see if you've a mind to take a little boot, to-night." THE FIRE-HUNT. 165 calling on me, he had gone to the kitchen and lit a few light-wood splinters, which were now blazing in his pan, and which served the double purpose of lighting him through the enclosure, and of demon strating to me the manner of hunting by night As he approached the house, his light discovered me where I was sitting. Good evenin,' major," sakl he, "IVe come but to see if you've a mind to take a little hunt, to night." I believe not, Mr. Sikes," I replied, feeling en tirely too well satisfied with my pleasant seat in the cool breeze, to desire to change it for a night-ramble through the woods. " Not to-night, I thank you-- it looks like rain." " Oh, 'shaw, 'taint gwine to rain, no how--and I'm all fixed--come, come along, major." As he spoke, he rode close to the porch, and his mule made several efforts to crop the shrubbery that grew by the door, which Sam very promptly opposed. How far are you going, Mr. Sikes ?" I inquired, endeavouring to shake off the lazy fit which inclined me to keep my seat. Only jest up the branch a little bit--not beyant a mile from your fence, at the outside. 'Look at lym!" he exclaimed in a louder tone, as he gave the reins a jerk. " Thar's deer a plenty up at the forks, and we'll have r'al sport. Come, you better go, and---- Why, look at him!" giving the reins another jerk at the same time that he sent a kick to his mule's ribs that might have been heard an hun- 13 166 CHRONICLES OF PINEVILLE. dred yards-- and I'll show you how to shine the of a buck." As he sat in his saddle persuading me to go, his mule kept frisking and turning in such a manner as to annoy him exceedingly. Upon his left shoulder he bore his blazing pan, and upon his right he held his musket, holding the reins also in his right hand; so that any efforts on ids part to restrain the refrac tory movements of his animal wje attended with much difficulty. I had about mao!e up my mind to go, when the mule evinced a more resolute deter mination to get at the shrubbery. " Whoa! wha, now !--blast your heart--now, look at him!"--thn might be heard a few good lusty kicks. " Come, major, git your gun, and let's------ will you hold up yer head, you 'bominable fool ?---- and let's take a little round--it'll do you good." - " As I only go to satisfy my curiosity, I'll not take a gun. You will be able to shoot all the deer we meet." "Well, any way you mind, major." We were about to start, when suddenly the mule gave a loud bray, and when I turned to look, his heels were high in the air, and Sam clinging to his neck, while the fire flew in every direction. The mule wheeled, reared and kicked, and still Sam hung to his neck, shouting--" Look at him!--whoa! --will you mind !--whoa!--whoa, now!"--but all to no purpose, until at length the infuriated animal backed to the low paling fence which enclosed a small flower-garden, over which he tumbled--Sam, pan, gun and all, together ! THE FIRE-HUNT. 167 When Sam had disengaged himself, he discovered that the saddle-blanket was on fire, which had been"* the cause of the disaster. "Cus the luck," said he, "I thought I smelt something burnin'." Then addressing himself to the mule in a louder tone, he continued--" That's . what comes o' jerkin' yer dratted head about thata-way. Blast your infernal heart, you've spilt all my fixins--and here's my pan, jest as crooked as a fish-hook!"--then there was a kick or two and a blow with the frying-pan--take that, you bowdacious fool, and hold yer head still next time, will you ? And you've skinned my leg all to flinders, dadfetch your everlastin' picter to dingnation!--take that under your short ribs, now, will you--whoa! I've a great mind to blow yer infernal brains out this very night! And you've broke the major's palins down, you unnatural cus. Who'a! step over now, if you's satisfied." By this time Sam had got the mule out of the enclosure, and had gathered up most of his "fixins." The whole scene, after the upsetting of the pan, had transpired in the dark, but from the mo ment I saw the mule's heels flying and Sam cling ing to his neck, it was with the utmost difficulty I restrained my laughter. During his solo in the en closure I was absolutely compelled to stuff my hand kerchief in my mouth to prevent his hearing me. "J)id you ever see the likes o' that, major " ex claimed Sam, as I approached the spot where lie was engaged in readjusting his saddle and patting other matters to rights that had been deranged by 168 CHRONICLES OF PI2TEVILLE. the struggles of the mule to free himself from the burning blanket. "I am very sorry it happened," I replied, "as it will prevent us from taking our hunt." No, I'll be dadfetcht if it does, tho'--I aint to be backed out that-a-way, major, not by no means. You know < a bad beginnin' makes a good ending' as the old woman said. He isn't done sich a mon strous sight o' harm, nohow,--only bent the handle of my pan a "little, and raked some skin off one o' my shins--but that's neither here nor thar. So if you'll jest hold Blaze till I go and git a torch, we'll have a shoot at a pair o' eyes yit, to-night." I took the bridle while Sam procured a torch, and after he had gathered up the fagots which he had brought to burn in his pan, we set off for the branch--Sam upon his mule, with a torch in one hand, while I walked by his side. It was only necessary for us to go a short distance before we were at the designated spot. " Thar," said Sam, as he dismounted, " here's as good a place as any--so I'll jest hitch Blaze here, and light our pan." Accordingly Blaze was made fast to a stout sap ling, and Sam proceeded to kindle a fire in his pan, at the same time explaining to me,-in a low voice, the modus operandi of the Fire-Hunt, which he ac companied with sundry precautionary hints and di rections for my own especial observance on the present occasion. "Now, major," said he, "you must keep close to me, and you mustn't make no racket in the THE FIRE-HUNT. 169 bushes. You see, the way we does to shine the deer's eyes is this--we holds the pan so, on the left shoulder, and carries the gun at a trail in the right hand. Well, when I wants to look for eyes, I turns round slow, and looks right at the edge of my shadder, what's made by the light behind me in the pan, and if ther's a deer in gun-shot of me, his eyes 'U shine 'zactiy like two balls of fire." This explanation was as clear as Sam could make it, short of a demonstration, for which purpose we now moved on through the woods. After proceed ing a few hundred yards, Sam took a survey as de scribed, but saw no eyes. " Never mind, major," said he, " we'll find 'em --you see." We moved on cautiously, and Sam made his ob servations as before, but with no better success. Thus we travelled dn in silence, from place to place, until I began to get weary of the sport. "Well, Mr. Sikes," I remarked, "I don't see that your bad beginning to-night is likely to insure any better ending." "Oh, don't git out of patience, major--you'll see." We moved on again. I had become quite weary, and fell some distance behind. Sam stopped, and when I came up, he said in a low voice--"you :better keep pretty close up, major, 'case if I should .happen to shine your eyes, you see, I moughtn't .know 'em from a deer, and old Betsey here toats .fifteen buckshot and a ball, and slings 'em to kill." I fell behind no more. 13* i *" ,- . *-~. i . ,<^'^U 170 CHRONICLES OF PDfETILLE. We had wandered about for several hours, and the sky which had not been the clearest in the com mencement, now began to assume the appearance of rain. I had more thaii once suggested the pro priety of going home--but Sam was eager to show me how to shine the eyes of a buck, and no argu ment or persuasion could win him from his purpose. We searched on as before, for another half hour, and I was about to express my determination to go home, when Sam suddenly paused-- " Stop, stop," said he, thar's eyes, and whap- pers they is too--now hold still, major." I raised on tiptoe with eager anticipation--I heard the click of the lock--there was a moment of por tentous silence--then the old musket blazed forth with a thundering report, and in the same instant was heard a loud squeal, and a noise like the snap ping of bridle reins. f " Thunder and lightnin'!" exclaimed Sam, as he dropped gun, pan and all, and stood fixed to the spot--I've shot old Blaze!" So soon as he had recovered from the shock, we hastenedT to the spot, and, sure enough, there lay the luckless mule, still floundering in the agonies of death. The aim had been but too good, and poor Blaze was hurt " past all surgery." Sam stood over him ifc silent agony, and, notwithstanding the bitter maledictions he had so recently heaped upon him, now that he saw the poor animal stretched upon the ground in death, and knew that his " in fernal picter" would greet him no more for ever, a flood of tender recollections of past services poured THE FlftE-HUNT. 171 over his repentant heart. He uttered not a word until after the last signs of life were extinct--then,' with a heavy sigh, he muttered-- " Pore old cretur!--well, well, I reckon Ps done the business now, sure enough. That's what I calls a pretty night's work, anyhow!" " A had beginning doesn't always make a good ending,' Mr. Sikes," I remarked. " Cus the luck, it will run so, sometimes," said he in a sullen tone, as he commenced taking the saddle off his deceased donkey. " I'm blamed if I see how I got so turned round." By this time it had commenced to rain, and we were anxious to get home; but Sam had dropped his gun and pan, as the awful truth rushed upon him, that he had killed the only mule he possessed in the world, and we now found it difficult to re cover them. After searching about for near half an hour in the drizzling rain, Sam chanced to come upon the spot from which he had taken the hapless aim, and having regained his gun and pan, we en deavoured to strike a fire; all our efforts, however, to produce a light, proved ineffectual, and we es sayed to grope our way amid the darkness. Hello, major, whar is you ?" Here!" - " Whar you gwine ?"