The Ox-Bow Incident (28 page)

“Five,” said Tetley. “Not a majority, I believe, Mr. Davies.”

He was disappointed that anyone had ventured to support Davies; I’m sure he hadn’t expected as many as four others. I know I hadn’t. And he was furious that Gerald had been among them. But he spoke quietly and ironically, as if his triumph had been complete.

Davies nodded, and slowly put Martin’s letter away in his shirt pocket, under his waistcoat.

It was already getting light; the cabin and the trees could be seen clearly. There was no sunrise, but a slow leaking in of light from all quarters. The firelight no longer colored objects or faces near it. The faces were gray and tired and stern. We knew it was going to happen now, and yet, I believe, most of us still had a feeling it couldn’t. It had been delayed so long; we had argued so much. Only Tetley seemed entirely self-possessed; his face showed no signs of weariness or excitement.

He asked Martin if there was any other message he wished to leave. Martin shook his head. In this light his face looked hollow, pale, and without individuality. His mouth was trembling constantly, and he was careful not to talk. I hoped, for our sake as much as his, that he’d make the decent end he now had his will set on.

Sparks was talking to the old fool again, but he, seeing the actual preparations begin, was frightened sick once more, and babbled constantly in a hoarse, worn-out voice, about his innocence, his age and his not wanting to die. Again and again he begged Martin to do something. This, more than anything else, seemed to shake Martin. He wouldn’t look at old Hardwick, and pretended not to hear him.

We were surprised that the Mex wanted to make a confession, but he did. There wasn’t any priest, so Amigo was
to hear the confession, and carry it to a priest the first time he could go himself. There couldn’t be any forgiveness, but it was the best they could do. They went down to the place where the sheds had stood, the Mex limping badly, and Amigo half carrying him along. Bartlett was stationed at a respectful distance as sentinel. We saw the Mex try to kneel, but he couldn’t, so he stood there confessing with his back to us. Occasionally his hands moved in gestures of apology, which seemed strange from him. Amigo was facing us; but, when he wants, Amigo has a face like a wooden Indian. If the Mex was saying anything we ought to know now, which was what we were all thinking, we couldn’t tell it from watching Amigo. He appeared merely to be intent upon remembering, in order that all the Mex’s sins might be reported and forgiven.

In his field-officer manner Tetley was directing. Farnley knotted and threw up three ropes, so they hung over the long branch with the three nooses in a row. Then others staked down the ends of the ropes. The three horses were brought up again, and held under the ropes.

Tetley appointed Farnley, Gabe Hart and Gerald to whip the horses out. It was all right with Farnley, but Gabe refused. He gave no excuse, but stood there immovable, shaking his head. I was surprised Tetley had picked him.

“Gabe’s not agin us, Mr. Tetley,” Winder apologized,—“he can’t stand to hurt anything. It would work on his mind.”

Tetley asked for a volunteer, and when no one else came forward Ma took the job. She was furious about it, though. Moore looked at Smith, and so did Tetley, but Smith pretended to be drunker than he really was. Really he was scared sober now.

When it seemed all settled, young Tetley, nearly choking, refused also.

“You’ll do it,” was all Tetley told him.

“I can’t, I tell you.”

“We’ll see to it you can.”

The boy stood there, very white, still shaking his head.

“It’s a necessary task,” Tetley told him, evenly. “Someone else must perform it if you fail. I think you owe it to the others, and to yourself, on several scores.”

The boy still shook his head stubbornly.

Moore, although he had refused on his own account, came over to Tetley and offered to relieve Gerald. “The boy’s seen too much already. You shouldn’t press him, man.”

Tetley’s face abruptly became bloodless; his mouth stretched downward, long and thin and hard, and his eyes glimmered with the fury he restrained. It was the first time I’d ever seen him let that nature show through, though I had felt always that it was there. He still spoke quietly though, and evenly.

“This is not your affair, Moore. Thank you just the same.”

Moore shrugged and turned his back on him. He was angry himself.

Tetley said to Gerald, “I’ll have no female boys bearing my name. You’ll do your part, and say nothing more.” He turned away, giving the boy no opportunity to reply.

“That must have been a very busy life,” he remarked, looking down where the Mex was still confessing to Amigo.

When at last the Mex was done and they came back up, and the three prisoners were stood in a row with their hands tied down, Martin said,

“I suppose it’s no use telling you again that we’re innocent?”

“No good,” Tetley assured him.

“It’s not for myself I’m asking,” Martin said.

“Other men have had families and have had to go for this sort of thing,” Tetley told him. “It’s too bad, but it’s not our fault.”

“You don’t care for justice,” Martin flared. “You don’t even care whether you’ve got the right men or not. You
want your way, that’s all. You’ve lost something and somebody’s got to be punished; that’s all you know.”

When Tetley just smiled, Martin’s control broke again. “There’s nobody to take care of them; they’re in a strange place, they have nothing, and there’s nobody to take care of them. Can’t you understand that, you butcher? You’ve got to let me go; if there’s a spot of humanity in you, you’ve got to let me go. Send men with me if you want to; I’m not asking you to trust me; you wouldn’t trust anybody; your kind never will. Send men with me, then, but let me see them, let me arrange for them to go somewhere, for somebody to help them.”

Old Hardwick began to whimper and jabber aloud again, and finally buckled in the knees and fell forward on his face. The Mex looked straight ahead of him and spit with contempt. “This is fine company for a man to die with,” he said.

Martin started to yell something at the Mex, who was right beside him, but Mapes walked up to him and slapped him in the face. He slapped him hard, four times, so you could hear it like the crack of a lash. He paid no attention to protests or to Davies trying to hold his arm. After the fourth blow he waited to see if Martin would say anything more. He didn’t, but stood there, crying weakly and freely, great sobs heaving his chest up and making him lift his chin to catch his breath because of the bonds.

Others put the old man back on his feet, and a couple of shots of whisky were given to each of the three. Then they walked them over to the horses. The old man went flabby on them, and they had nearly to carry him.

I saw Davies keeping Amigo behind, holding him by the arm and talking. Amigo’s face was angry and stubborn, and he kept shaking his head. Tetley saw it too, and guessed what I had. Smiling, he told Davies that a confession was a confession, and not evidence, even in a court.

“He doesn’t have to tell us,” Davies said. “All he has to do is say whether we’d better wait; then we could find out.”

Amigo looked worried.

Tetley said, “Men have been known to lie, even in confession, under pressure less than this.” Amigo looked at him as if for the first time he questioned his divinity, but then he said, “It wasn’t a priest; I don’t know.”

“Even if it had been,” Tetley said, eying the Mex. “I’ll give you two minutes to pray,” he told the three. They were standing by the horses now, under the branch with the ropes hanging down from it.

Martin was chewing his mouth to stop crying. He looked around at us quickly. We were in a fairly close circle; nobody would face him, man after man looked down. Finally, like he was choking, he ducked his head, then, awkwardly because of the rope, got to his knees. The Mex was still standing, but had his head bent and was moving his lips rapidly. The old man was down in a groveling heap with Sparks beside him; Sparks was doing the praying for him. Moore took off his hat, and then the rest of us did the same. After a moment Davies and some of the others knelt also. Most of us couldn’t bring ourselves to do that, but we all bowed and kept quiet. In the silence, in the gray light slowly increasing, the moaning of the old man, Sparks’ praying and the Mex going again and again through his rapid patter sounded very loud. Still you could hear every movement of the horses, leather creaking, the little clinks of metal.

“Time’s up,” Tetley said, and the old man wailed once, as if he’d been hit. The Mex lifted his head and glanced around quickly. His face had a new expression, the first we’d seen of it in him. Martin rose slowly to his feet, and looked around slowly. The moments of silence and the crisis had had the reverse effect on him. He no longer appeared desperate or incoherent, but neither did he look peaceful or resigned. I have never seen another face so bitter as his was then, or one that showed its hatred more clearly. He spoke to Davies, but even his voice proved the effort against his pride and detestation.

“Will you find someone you can trust to look out for my
wife and children?” he asked. “In time she will repay anything it puts you out.”

Davies’ eyes were full of tears. “I’ll find someone,” he promised.

“You’d better take some older woman along,” Martin said. “It’s not going to be easy.”

“Don’t worry,” Davies said, “your family will be all right.”

“Thanks,” Martin said. Then he said, “My people are dead, but Miriam’s are living. They live in Ohio. And Drew didn’t want to sell his cattle; he’ll buy them back for enough to cover their travel.”

Davies nodded.

“Better not give her my things,” Martin said, “just this ring, if you’ll get it.”

Davies fumbled at the task. He had trouble with the rope, and his hands were shaking, but he got the ring, and held it up for Martin to see. Martin nodded. “Just give her that and my letter first. Don’t talk to her until she’s read my letter.” He didn’t seem to want to say any more.

“That all?” Tetley asked.

“That’s all, thanks,” Martin said.

They asked the Mex, and he suddenly started speaking very rapidly. He was staring around as if he couldn’t quite see us. It had got to him finally, all right. Then he stopped speaking just as suddenly and kept shaking his head in little short shakes. He’d been talking in Spanish. They didn’t ask the old man.

The three of them were lifted onto the horses and made to stand on them. Two men had to support old Hardwick.

“Tie their ankles,” Mapes ordered.

“God,” Gil whispered, “I was afraid they weren’t going to.” He felt it a great relief that their ankles were going to be tied.

Farnley got up on a horse and fixed the noose around each man’s neck. Then he and Ma got behind two of the horses with quirts in their hands. Young Tetley had to be
told twice to get behind his. Then he moved to his place like a sleepwalker, and didn’t even know he had taken the quirt somebody put in his hand.

The old man, on the inside, was silent, staring like a fish, and already hanging on the rope a little in spite of the men holding him up. The Mex had gone to pieces too, buckling nearly as badly as Hardwick, and jabbering rapid and panicky in Spanish. When the horses sidled under him once, tightening the rope, he screamed. In the pinch Martin was taking it the best of the three. He kept his head up, not looking at any of us, and even the bitterness was gone from his face. He had a melancholy expression, such as goes with thinking of an old sorrow.

Tetley moved around behind the horses, and directed Mapes to give the signal. We all moved out of the circle to give the horses room. In the last second even the Mex was quiet. There was no sound save the shifting of the three horses, restless at having been held so long. A feathery, wide-apart snow was beginning to sift down again; the end of a storm, not the beginning of another, though. The sky was becoming transparent, and it was full daylight.

Mapes fired the shot, and we heard it echo in the mountain as Ma and Farnley cut their horses sharply across the haunches and the holders let go and jumped away. The horses jumped away too, and the branch creaked under the jerk. The old man and the Mex were dead at the fall, and just swung and spun slowly. But young Tetley didn’t cut. His horse just walked out from under, letting Martin slide off and dangle, choking to death, squirming up and down like an impaled worm, his face bursting with compressed blood. Gerald didn’t move even then, but stood there shaking all over and looking up at Martin fighting the rope.

After a second Tetley struck the boy with the butt of his pistol, a back-handed blow that dropped him where he stood.

“Shoot him,” he ordered Farnley, pointing at Martin. Farnley shot. Martin’s body gave a little leap in the air,
then hung slack, spinning slowly around and back, and finally settling into the slowing pendulum swing of the others.

Gil went with Davies to help young Tetley up. Nobody talked much, or looked at anybody else, but scattered and mounted. Winder and Moore caught up the rustlers’ ponies. The Bartlett boys and Amigo remained to drive the cattle, and to do the burying before they started. All except Mapes and Smith shied clear of Tetley, but he didn’t seem to notice. He untied his big palomino, mounted, swung him about and led off toward the road. His face was set and white; he didn’t look back.

Most of the rest of us did, though, turn once or twice to look. I was glad when the last real fall of the snow started, soft and straight and thick. It lasted only a few minutes, but it shut things out.

Gil caught up and rode with me after he and Davies had helped Gerald. I’d thought, seeing him drop, that the kid had been killed, but Gil said no, it had been a glancing blow, that snow on his face and a drink had fixed him up enough to ride.

We rode slowly because of my shoulder, letting the others disappear ahead of us, and Gerald and Davies come up behind us. It was difficult to turn in my saddle, but I did, to get a look at Gerald. His face had a knife-edge, marble-white look, and the circles under his eyes were big and dark, so that he appeared to have enormous eyes, or none at all, but empty sockets, like a skull. He wasn’t looking where he was going, but the trouble wasn’t his injury. I don’t think he knew now that he had it. He was gnawing himself inside again. Passionate and womanish, but with a man’s conscience and pride, that boy kept himself thin and bleached just thinking and feeling.