<SPAN name="CHAPTER_XI" id="CHAPTER_XI"></SPAN>
<span class="pagenum"><SPAN name="Page_124" id="Page_124">124</SPAN></span>
<h2>CHAPTER XI</h2><h3>THE PENALTY</h3>
<p>Whatever the stranger's intention toward the rough riders of the
Chisholm Trail who had terrorized good and bad alike in Ascalon for a
week, whether to roast them alive as they stood in a row with backs to
the hitching rack, or to inflict some other equally terrible punishment;
or whether he was simply staking them there while he cooked his
breakfast cowboy fashion, not willing to trust them out of sight while
he regaled himself in a restaurant, nobody quite understood. Mrs.
Conboy's exclamation appeared to voice the general belief of the crowd.
Murmurs of disapproval began to rise.</p>
<p>One of the leading moralists of the town, proprietor of a
knock-down-and-drag-out, was loudest in his protestations that such a
happening in the public square of Ascalon, in the broad light of day,
the assembled inhabitants looking on, would give the place a name from
which it never would recover. This fellow, a gross man of swinging
paunch, a goitre enlarging and disfiguring his naturally thick, ugly
neck, had scrambled from his bed in haste at the thrilling of the
general alarm of something unusual in the daylight annals of the town.
His bare feet were thrust into slippers, his great white shirt was
collarless, dainty narrow blue silk suspenders held up his
hogshead-measure pantaloons. The redness of unfinished sleep was in his
eyes.</p>
<p>"I te<span class="pagenum"><SPAN name="Page_125" id="Page_125">125</SPAN></span>ll you, men, this ain't a goin' to do—this ain't no town down
south where they take niggers out and burn 'em," he said. "I ain't got
no use for that gang, myself, but I've got the good of the town and my
business to consider, like all the rest of you have."</p>
<p>There must have been in town that day forty or more cowboys from Texas
and the Nation, as the Cherokee country south was called. These for the
greater part were still sober, not having been paid off, still on duty
caring for the horses left behind them when the cattle were loaded and
shipped, or for the herds resting and grazing close by after the long
drive. They began to gather curiously around the fat man who had the
fair repute of Ascalon so close to his heart, listening to his efforts
to set a current of resentment against the stranger stirring in the awed
crowd. They began to turn toward Morgan now, with close talk among
themselves, regarding him yet as something more than a common man, not
keen to spring into somebody else's trouble and get their fingers
scorched.</p>
<p>"What's he going to do with them?" one of these inquired.</p>
<p>"Burn 'em," the fat man replied, as readily as if he had it from
Morgan's own mouth, and as strongly denunciatory as though the disgrace
of it reached to his fair fame and good business already. "You boys
ain't goin' to stand around here and see men from your own country burnt
like niggers, are you? Well, you don't look like a bunch that'd do
it—you don't look like it to me."</p>
<p>"What did they do to him?" one of the cowboys asked, not greatly fired
by the fat man's sectional appeal.</p>
<p><span class="pagenum"><SPAN name="Page_126" id="Page_126">126</SPAN></span></p>
<p>Stilwell came loitering among them at that point, a man of their own
calling, sympathies, and traditions, with the shoulder-lurching gait of
a man who had spent most of his years in the saddle. He told them in a
few feeling, picturesque words the extent of Morgan's grievance against
the six, and left it with them to say whether he was to be interfered
with in his exaction of a just and fitting payment.</p>
<p>"I don't know what he's goin' to do," Stilwell said, "but if he wants to
roast 'em and eat 'em"—looking about him with stern eyes—"this is his
day."</p>
<p>"If he needs any help there's plenty of it here," said a cowboy from the
Nation, hooking his thumb with lazy but expressive movement under the
cartridge belt around his slim waist.</p>
<p>The fat publican subsided, seeing his little ripple of protest flattened
out by the spirit of fair play. He backed to the sidewalk, where he
stood in conference with Tom Conboy, and there was heard a reference to
niggers in Ireland, pronounced with wise twisting of the head.</p>
<p>Morgan selected, in the face of this little flurry of opposition and
defense, a box from among the odds and ends brought him by the boys, sat
on it facing his prisoners and broke bits of wood for a fire. People
began pressing a little nearer to see what was to come, but when Morgan,
with eye watchful to see even the shifting of a foot in the crowd,
reached for his rifle and laid it across his lap, there was an immediate
scramble to the sidewalk. This left twenty feet of dusty white road
unoccupied, a margin on the page where this remarkable incident in
Ascalon's recor<span class="pagenum"><SPAN name="Page_127" id="Page_127">127</SPAN></span>d of tragedies was being written.</p>
<p>Midway of his line of captives, six feet in front of the nearest man,
Morgan kindled a fire, adding wood as the blaze grew, apparently as
oblivious of his surroundings as if in a camp a hundred miles from a
house. When he had the fire established to his liking, he took from his
saddle an iron implement, at the sight of which a murmur and a movement
of new interest stirred the crowd.</p>
<p>This iron contrivance was a rod, little thicker than a man's finger,
which terminated in a flat plate wrought with some kind of open-work
device. This flat portion, which was about as broad as the span of a
man's two hands and perhaps six or eight inches long, appeared to be a
continuation of the handle, bent and hammered to form the crude pattern,
and the wonderment and speculation, contriving and guessing, all passed
out of the people when they beheld this thing. That was a cattle
country; they knew it for a branding iron.</p>
<p>Morgan thrust the brand into the fire, piled wood around it, leaning
over it a little in watchful intent. This relic of his past he also had
retrieved from the bottom of his trunk along with boots and spurs,
corduroys and hat, and it had been a long time, indeed, since he heated
it to apply the Three Crow brand to the shoulder of a beast. That brand,
his father's brand in the early days in the Sioux country where he was
the pioneer cattleman, never had been heated to come in contact with
such base skins as these, Morgan reflected, and it would not be so
dishonored now if cattle were carrying it on any range.<span class="pagenum"><SPAN name="Page_128" id="Page_128">128</SPAN></span></p>
<p>When the Indians killed his father and drove off the last of the herd,
the Three Crow became a discontinued brand in the Northwest. The son had
kept this iron which his father had carried at his saddle horn as a
souvenir of the times when life was not worth much between the Black
Hills and the Platte. The brand was not recorded anywhere today; the
brand books of the cattle-growers' associations did not contain it. But
it was his mark; he intended to set it on these cattle, disfiguration of
face for disfiguration, and turn them loose to return smelling of the
hot iron among their kind.</p>
<p>Sodden with the dregs of last night's carousel, slow-headed, surly as
the Texans were when Morgan encountered them, they were all alert and
fully cognizant of their peril now. No rough jest passed from mouth to
mouth; there was no sneer, no laugh of bravado, no defiance. Some of
them had curses left in them as they sweated in the fear of Morgan's
silent preparations and lunged on their ropes in the hope of breaking
loose. All but the Dutchman appealed to the crowd to interfere,
promising rewards, making pledges in the name of their absent patron,
Seth Craddock, the dreaded slayer of men.</p>
<p>Now and again one of them shouted a name, generally Peden's name, or the
name of some dealer or bouncer in his hall. Nobody answered, nobody
raised hand or voice to interfere or protest. During their short reign
of pillage and debauchery under the protection of the city marshal, the
members of the gang had not made a friend who cared to ris<span class="pagenum"><SPAN name="Page_129" id="Page_129">129</SPAN></span>k his skin to
save theirs.</p>
<p>To add to their disgrace and humiliation, their big pistols hung in the
holsters on their thighs. People, especially the men of the range,
remarked this full armament, marveling how the stranger had taken six
men of such desperate notoriety all strapped with their guns, but they
understood at once his purpose in allowing the weapons to hang under
their impotent hands. It was a mockery of their bravado, a belittlement
of their bluff and swagger in the brief day of their oppression.</p>
<p>Morgan withdrew the brand from the fire, knocking the clinging bits of
wood from it against the ground.</p>
<p>The Dutchman was first in the line at Morgan's right hand as he turned
from the fire with the branding iron red-hot in his hand. Near the
Dutchman stood Morgan's borrowed horse, drowsing in the sun with head
down, its weight on three legs, one ear set in its inherited caution to
catch the least alarm. From the first moment of his encounter with these
scoundrels Morgan had not lowered himself to address them a single word.
Such commands as he had given them had been in dumb show, as to driven
creatures. This rule of silence he held still as he approached the first
object of his vengeance.</p>
<p>The Dutchman started back from the iron in sudden rousing from his
brooding silence, fear and hate convulsing his snarling face, shrinking
back against the timber of the hitching rack as far as he could
withdraw, where he stood with shoulders hunched about his neck, savage
as a chained wol<span class="pagenum"><SPAN name="Page_130" id="Page_130">130</SPAN></span>f. He began to writhe and kick as Morgan laid hold of
his neck to hold him steady for the cruel kiss of the iron.</p>
<p>The fellow squirmed and lunged, with head lowered, trying to get on the
other side of the rack, his companions who were within reach joining in
kicking at Morgan, adding their curses and cries to the Dutchman's
silent fight to save his skin. They raised such a commotion of noise and
dust that it spread to the crowd, which pressed up with a great clamor
of derision, pity, laughter, and shrill cries.</p>
<p>The cowboys, feeling themselves privileged spectators by reason of craft
affiliation, made a ring around the scene of punishment, shouting in
enjoyment of the spectacle, for it was quite in harmony with the cruel
jokes and wild pranks which made up the humorous diversions of their
lives.</p>
<p>"You'll have to hog-tie that feller," said one, drawing nearer than the
rest in his interest.</p>
<p>Morgan paused a moment, brand uplifted, as if he considered the friendly
suggestion. The Dutchman was cringing before him, head drawn between his
shoulders, face as near the ground as he could strain the ropes which
bound him. Morgan kicked the fellow's feet from under him, leaving him
hanging by his hands.</p>
<p>The spectators cheered this adroit movement, laughing at the spectacle
of the Dutchman hanging face downward on his ropes, and Morgan, sweating
in the heat of the fire and sun, exertion and passion, careless of
everything, thoughtless of all but his unsatisfied vengeance, straddled
the Du<span class="pagenum"><SPAN name="Page_131" id="Page_131">131</SPAN></span>tchman's neck as if he were a calf. He brought the iron down
within an inch or two of the Dutchman's face, calculating how much of
the crude device of three flying crows he could get between mouth and
ear, and as Morgan stood so with the hot iron poised, the Dutchman
choking between his clamping knees, a hand clutched his arm, jerking the
hovering brand away.</p>
<p>Morgan had not heard a step near him through the turmoil of his hate,
nor seen any person approaching to interfere. Now he whirled, pistol
slung out, facing about to account with the one who dared break in to
stay his hand in the administration of a punishment that he considered
all too inadequate and humane.</p>
<p>There was a girl standing by him, her restraining hand still on his arm,
the sun glinting in the gloss of her dark hair, her dark eyes fixed on
him in denial, in a softness of pity that Morgan knew was not for his
victims alone. And so in that revel of base surrender to his primal
passions she had come to him, she whom his heart sought among the faces
of women; in that manner she had found him, and found him, as Morgan
knew in his abased heart, at his worst.</p>
<p>There was not a word, not the whisper of a word, in the crowd around
them. There was scarcely the moving of a breath.</p>
<p>"Give me that iron, Mr. Morgan!" she demanded in voice that trembled
from the surge of her perturbed breast.</p>
<p>Morgan stood confronting her in the fie<span class="pagenum"><SPAN name="Page_132" id="Page_132">132</SPAN></span>rce pose of a man prepared to
contend to the last extreme with any who had come to stay his hand in
his hour of requital. The glowing iron, from which little wavers of heat
rose in the sun, he grasped in one hand; in the other his pistol, elbow
close to his side, threatening the quarter from which interference had
come. Still he demurred at her demand, refusing the outstretched hand.</p>
<p>"Give it to me!" she said again, drawing nearer, but a little space
between them now, so near he fancied her breath, panting from her open
lips, on his cheek.</p>
<p>Silent, grim, still clouded by the vapors of his passion, Morgan stood
denying her, not able to adjust himself in wrench so sudden to the calm
plane of his normal life.</p>
<p>"Not for their sake—for your own!" she pleaded, her hand gentle on his
arm.</p>
<p>The set muscles of his pistol arm relaxed, the muzzle of the weapon
dropped slowly with the surge of dark passion in his breast.</p>
<p>"They deserve it, and worse, but not from you, Mr. Morgan. Leave them to
the law—give me that iron."</p>
<p>Morgan yielded it into her hand, slowly slipped his pistol back into the
holster, slowly raised his hand to his forehead, pushed back his hat,
swept his hand across his eyes like one waking from an oppressive dream.
He looked around at the silent people, hundreds of them, it seemed to
him, for the first time fully conscious of the spectacular drama he had
been playing before their astonished eyes.</p>
<p>The Dutchman had struggled to his knees, where he leaned with neck
outstretched as if he waited the stroke of the headsman's sword, unable
to regain his feet. The girl looked with serious <span class="pagenum"><SPAN name="Page_133" id="Page_133">133</SPAN></span>eyes into Morgan's
face, the hot branding iron in her hand.</p>
<p>"I think you'd better lock them up in jail, Mr. Morgan," she said.</p>
<p>Morgan did not reply. He stood with bent head, his emotions roiled like
a turgid brook, a feeling over him of awakening daze, such as one
experiences in a sweat of agony after dreaming of falling from some
terrifying height. Morgan had just struck the bottom of the precipice in
his wild, self-effacing dream. The shock of waking was numbing; there
was no room for anything in his righted consciousness but a vast,
down-bearing sense of shame. She had seen a side of his nature long
submerged, long fought, long ago conquered as he believed; the
vindictive, the savage part of him, the cruel and unforgiving.</p>
<p>Public interest in the line of captives along the hitching rack was
waking in a new direction all around the sun-burned square. It was
beginning to come home to every staid and sober man in the assembly that
he had a close interest in the disposition of these men.</p>
<p>"I don't know about that jail business and the law, Miss Retty," said a
severe dark man who pushed into the space where Morgan and the girl
stood. "We've been dressin' and feedin' and standin' the loss through
breakin' and stealin' these fellers have imposed on this town for a week
and more now, and I'm one that don't think much of lockin' them up in
jail to lay there and eat off of the county and maybe be turned loose
after a while. You'd just as well try to carry water up here from the
river in a gunny sack as convict a crook in this county any more."</p>
<p><span class="pagenum"><SPAN name="Page_134" id="Page_134">134</SPAN></span></p>
<p>This man found supporters at once. They came pushing forward, the
resentment of insult and oppression darkening their faces, to shake
threatening fists in the faces of the Dutchman and his companions.</p>
<p>"The best medicine for a gang like this is a cottonwood limb and a
rope," the man who had spoken declared.</p>
<p>It began to look exceedingly dark for the unlucky desperadoes inside of
the next minute. The suggestion of hanging them immediately became an
avowed intention; preparations for carrying it into effect began on the
spot. While some ran to the hardware store for rope, others discussed
the means of employing it to carry out the public sentence.</p>
<p>Hanging never had been popular in Ascalon, mainly because of the
barrenness of the country, which offered no convenient branches except
on the cottonwoods along the river. Wagon tongues upended and propped by
neckyokes had been known to serve in their time, and telegraph poles
when the railroad built through. But gibbets of this sort had their
shortcomings and vexations. There was nothing so comfortable for all
concerned as a tree, and trees did not grow by nature or by art in
Ascalon. So there was talk of an expedition to the river, where all the
six might be accommodated on one tree.</p>
<p>The girl who had taken the branding iron from Morgan and cooled the heat
of his resentment and vengeance quicker than the iron had cooled, stood
looking about into the serious faces of the men who suddenly had
determined to finish for Morgan<span class="pagenum"><SPAN name="Page_135" id="Page_135">135</SPAN></span> the business he had begun. Her face was
white, horror distended her eyes; she seemed to have no words for a plea
against this rapidly growing plan.</p>
<p>One of the doomed men behind her began to whimper and beg, appealing to
her in his mother's name to save him. He was a young man, whose weak
face was lined by the excesses of his unrestrained days in Ascalon. His
hat had fallen off, his foretop of brown hair straggled over his wild
eyes.</p>
<p>"Come away from here," said Morgan, turning to her now, his voice rough
and still shaken by his subsiding passion. He took the hot iron from
her, thinking of the trough at the public well where he might cool it.</p>
<p>"Don't let them do it," she implored, putting out her hands to him in
appeal.</p>
<p>"Now Miss Rhetta, you'd better run along," a man urged kindly.</p>
<p>Morgan stood beside her in the narrowing circle about the six men who
had been condemned by public sentiment in less than sixty seconds and
scarcely more words, the hot end of the branding iron in the dust at his
feet. He was silent, yet apparently agitated by a strong emotion, as a
man might be who had leaped a crevasse in fleeing a pressing peril, upon
which he feared to look back.</p>
<p>She whom the man had called Rhetta picked up the young cowboy's hat and
put it on his head.</p>
<p>"Hush!" she charged, in reply to his whimpering intercession for mercy.
"Mr. Morgan isn't going to let them hang you."</p>
<p><span class="pagenum"><SPAN name="Page_136" id="Page_136">136</SPAN></span></p>
<p>Morgan started out of his thoughtful glooming as if a reviving wind had
struck his face, all alert again in a moment, but silent and inscrutable
as before. He leaned his brand against the hitching post, recovered his
rifle where it lay in the dust beside the scattered sticks of his fire,
making himself a little room as he moved about.</p>
<p>Those who had talked of hanging the six now suspended sentence while
waiting the outcome of this new activity on the part of the avenger. A
man who came from somewhere with a coil of rope on his arm stood at the
edge of the newly widened circle with fallen countenance, like one who
arrived too late at some great event in which he had expected to be the
leading actor.</p>
<p>Morgan began stripping belts and pistols from his captives, throwing the
gear at the foot of the post where his branding iron stood. When he had
stripped the last one he paused a moment as if considering something,
the weapon in his hand. The girl Rhetta had not added a word to her
appeal in behalf of the unworthy rascals who stood sweating in terror
before the threatening crowd. But she looked now into Morgan's face with
hopeful understanding, the color coming back to her drained cheeks, a
light of admiration in her eyes. As for Morgan, his own face appeared to
have cleared of a cloud. There was a gleam of deep-kindling humor in his
eyes.</p>
<p>"Gentlemen, there will not be any hanging in Ascalon this morning," he
announced.</p>
<p>He threw t<span class="pagenum"><SPAN name="Page_137" id="Page_137">137</SPAN></span>he last pistol down with the others, nodded Stilwell to him,
whispered a word or two. Stilwell went shouldering off through the
crowd. Morgan sheathed his rifle in the battered scabbard that hung on
his saddle. In a little while Stilwell came back with a saw.</p>
<p>Morgan took the tool and sawed through the pole to which his captives
were made fast. Stilwell held up the severed end while Morgan cut the
other, freeing from the bolted posts the four-inch section of pole to
which the cowboys were tied, leaving it hanging from the ropes at their
wrists, dangling a little below their hands.</p>
<p>The late lords of the plains were such a dejected and altogether
sneaking looking crew, shorn of their power by the hands of one man,
stripped of their roaring weapons, tied like cattle to a hurdle, that
the vengeful spirit of Ascalon veered in a glance to humorous
appreciation of the comedy that was beginning before their eyes.</p>
<p>The cowboys who had stood ready a few minutes past to help hang the
outfit, fairly rolled with laughter at the sight of this miserable
example of complete degradation, through which the meanness of their
kind was so ludicrously apparent. The citizenry and floating population
of the town joined in the merriment, and the lowering clouds of tragedy
were swept away on a gale of laughter that echoed along the jagged
business front.</p>
<p>But the girl Rhetta was not laughing. Perplexed, troubled, she laid her
hand on Morgan's arm as he stood beside his horse about to mount.</p>
<p>"What are you going to do with them now, Mr. Morgan?" she inquired.</p>
<p>"They're going to start for Texas down the Chisholm Trail," he said<span class="pagenum"><SPAN name="Page_138" id="Page_138">138</SPAN></span>,
smiling down at her from the saddle.</p>
<p>And in that manner they set out from Ascalon, carrying the pole at their
backs, Morgan driving them ahead of him, starting them in a trot which
increased to a hobbling run as they bore away past the railroad station
and struck the broad trampled highway to the south.</p>
<p>Afoot and horseback the town and the visitors in it came after them,
shooting and shouting, getting far more enjoyment out of it than they
would have got out of a hanging, as even the most contrary among them
admitted. For this was a drama in which the boys and girls took part,
and even the Baptist preacher, who had a church as big as a mouse trap,
stood grinning in appreciation as they passed, and said something about
it being a parallel of Samson, and the foxes with their tails tied
together being driven away into the Philistines' corn.</p>
<p>The crowd followed to the rise half a mile south of town, where most of
it halted, only the cowboys and mounted men accompanying Morgan to the
river. There they turned back, also, leaving it to Morgan to carry out
the rest of his program alone, it being the general opinion that he
intended to herd the six beyond the cottonwoods on the farther shore and
despatch them clean-handed, according to what was owing to him on their
account.</p>
<p>Morgan urged his captives on, still keeping them on the trot, although
it was becoming a staggering and wabbling progression, the weaker in
the line held up by the more enduring. They were experiencing in a small
and colorless measure, as faint <span class="pagenum"><SPAN name="Page_139" id="Page_139">139</SPAN></span>by comparison, certainly, as the smell
of smoke to the feel of fire on the naked skin, what they had given
Morgan in the hour of their cruel mastery.</p>
<p>At last one of them could stumble on no farther. He fell, dragging down
two others who were not able to sustain his weight. There Morgan left
them, a mile or more beyond the river, knowing they would not have far
to travel before they came across somebody who would set them free.</p>
<p>The Dutchman, stronger and fresher than any of his companions, turned as
if he would speak when Morgan started to leave. Morgan checked his horse
to hear what the fellow might have to say, but nothing came out of the
ugly mouth but a grin of such derision, such mockery, such hate, that
Morgan felt as if the bright day contracted to shadows and a chill crept
into the pelting heat of the sun. He thought, gravely and soberly, that
he would be sparing the world at large, and himself specifically, future
pain and trouble by putting this scoundrel out of the way as a man would
remove a vicious beast.</p>
<p>Whatever justification the past, the present, or the future might plead
for this course, Morgan was too much himself again to yield. He turned
from them, giving the Dutchman his life to make out of it what he might.</p>
<p>From the top one of the ridges such as billowed like swells of the sea
that gray-green, treeless plain, Morgan looked back. All of them but
the Dutchman were either lying or sitting on the ground, beaten and
winded by the torture of their bonds an<span class="pagenum"><SPAN name="Page_140" id="Page_140">140</SPAN></span>d the hard drive of more than
three miles in the burning sun. The Dutchman still kept his feet,
although the drag of the pole upon him must have been sore and heavy, as
if he must stand to send his curse out after the man who had bent him to
his humiliation.</p>
<p>And Morgan knew that the Dutchman was not a conquered man, nor bowed in
his spirit, nor turned one moment away from his thought of revenge.
Again the bright day seemed to contract and grow chill around him, like
the oncoming shadow and breath of storm. He felt that this man would
return in his day to trouble him, low-devising, dark and secret and
meanly covert as a wolf prowling in the night.</p>
<p>The last look Morgan had of the Dutchman he was gazing that way still,
his face peculiarly white, the weight of the pole and his fallen
comrades dragging down on his bound arms. Morgan could fancy still, even
over the distance between them, the small teeth, wide set in the red
gums like a pup's, and the loathsome glitter of his sneering eyes.</p>
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