_ CHAPTER X. THE SUPREME COURT
If remorse, mental or physical, affected any of the dwellers at Jefferson Barracks on the morning following the officers' ball, at least neither was in evidence. By noon all traces of the late festivities had been removed from the parade ground, and the routine of the Post went on with the usual mechanical precision. The Army had entertained, it now labored. In a few hours it would again be ready to be entertained; the next little event of interest being the pigeon match between Orme and myself, which swift rumor seemed to have magnified into an importance not wholly welcome to myself.
We had a late breakfast at Number 16, and my friend Stevenson, who was to handle me in the match, saw to it that I had a hard tubbing before breakfast and a good run afterward, and later a hearty luncheon with no heavy wines. I was surprised at these business-like proceedings, which were all new to me, and I reflected with no satisfaction that my hot-headedness in accepting Orme's challenge might result in no glory to myself, and worse than that, let in my friends for loss; for Stevenson informed me that in spite of the fact that I had never shot in a race, a number of wagers were backing me against the Englishman. I reasoned, however, that these responsibilities should not be considered by one who needed perfect command of himself. Moreover, although I had never shot at trapped birds, I reasoned that a bird in the air was a flying bird after all, whether from trap or tree. Then, again, I was offended at Orme's air of superiority. Lastly, though it might be the fault of the Cowles' blood to accept any sort of challenge, it was not our way to regret that so soon as the day following.
The grounds for the match had been arranged at the usual place, near to the edge of the military reservation, and here, a half hour before the time set, there began to gather practically all of the young officers about the Post, all the enlisted men who could get leave, with cooks, strikers, laundresses, and other scattered personnel of the barracks. There came as well many civilians from the city, and I was surprised to see a line of carriages, with many ladies, drawn up back of the score. Evidently our little matter was to be made a semi-fashionable affair, and used as another expedient to while away ennui-ridden Army time.
My opponent, accompanied by Major Williams, arrived at about the same time that our party reached the grounds. Orme shook hands with me, and declared that he was feeling well, although Williams laughingly announced that he had not been able to make his man go to bed for more than an hour that morning, or to keep him from eating and drinking everything he could lay his hands upon. Yet now his eye was bright, his skin firm, his step light and easy. That the man had a superb constitution was evident, and I knew that my work was cut out for me, for Orme, whatever his profession, was an old one at the game of speedy going. As a man I disliked and now suspected him. As an opponent at any game one was obliged to take account of him.
"What boundary do we use, gentlemen?" Orme asked, as he looked out over the field. This question showed his acquaintance, but none the less his confidence and his courtesy as well, for in closely made matches all details are carefully weighed before the issue is joined. "I am more used to the Monaco bounds of eighteen yards," he added, "but whatever is your custom here will please me. I only want to have a notion of your sport."
"Our races here have usually been shot at fifty yards bounds," said Stevenson.
"As you like," said Orme, "if that pleases Mr. Cowles."
"Perfectly," said I, who indeed knew little about the matter.
Orme stepped over to the coops where the birds were kept--splendid, iridescent creatures, with long tails, clean, gamy heads and all the colors of the rainbow on their breasts. "By Jove!" he said, "they're rippers for looks, and they should fly a bit, I'm thinking. I have never seen them before, much less shot a race at them."
"Still your advantage," said I, laughing, "for I never shot a race at any sort in my life."
"And yet you match against me? My dear fellow, I hardly like--"
"The match is made, Captain Orme, and I am sure Mr. Cowles would not ask for any readjustment," commented Stevenson stiffly.
"Don't understand me to wish to urge anything," said Orme. "I only wish it so we shall all have a chance at revenge. Is there any one who wishes to back me, perhaps, or to back Mr. Cowles? Sometimes in England we shoot at a guinea a bird or five, or ten." Stevenson shook his head. "Too gaited for me at this time of the month," he said; "but I'll lay you a hundred dollars on the issue."
"Five if you like, on the Virginian, sir," said young Belknap of the Ninth to Orme.
"Done, and done, gentlemen. Let it be dollars and not guineas if you like. Would any one else like to lay a little something? You see, I'm a stranger here, but I wish to do what will make it interesting for any of you who care to wager something."
A few more wagers were laid, and the civilian element began to plunge a bit on Orme, word having passed that he was an old hand at the game, whereas I was but a novice. Orme took some of these wagers carelessly.
"Now as to our referee, Captain," said Stevenson. "You are, as you say, something of a stranger among us, and we wish your acquaintance were greater, so that you might name some one who would suit you."
"I'm indifferent," said Orme politely. "Any one Mr. Cowles may name will please me."
His conduct was handsome throughout, and his sporting attitude made him many friends among us. I suspect some Army money went on him, quietly, although little betting was now done in our presence.
"I see Judge Reeves, of the Supreme Court of the State, over there in a carriage," suggested Major Williams. "I've very much a notion to go and ask him to act as our referee."
"God bless my soul!" said Orme, "this is an extraordinary country! What--a judge of the Supreme Court?"
Williams laughed. "You don't know this country, Captain, and you don't know Judge Reeves. He's a trifle old, but game as a fighting cock, and not to mention a few duels in his time, he knows more even about guns and dogs to-day than he does about law. He'll not be offended if I ask him, and here goes."
He edged off through the crowd, and we saw him engaged in earnest conversation with the judge. To our surprise and amusement we observed the judge climb hastily down out of his carriage and take Major Williams' arm.
Judge Reeves was a tall, thin man, whose long hair and beard were silvery white, yet his stature was erect and vigorous. It was always said of him that he was the most dignified man in the State of Missouri, and that he carried this formality into every detail of his daily life. The story ran that each night, when he and his aged consort retired, they stood, each with candle in hand, on either side of the great bed which all their married life they had occupied in harmony. She, formally bowing to him across the bed, said "Good-night, Judge Reeves"; whereat he, bowing with yet greater formality, replied, "Good-night, Mrs. Reeves." Each then blew out the candle, and so retired! I cannot vouch as to the truth of this story, or of the further report that they carried out their ceremony when seating themselves at table, each meal of the day; but I will say that the appearance of this gentleman would have given such stories likelihood.
We uncovered as the judge approached us, and he shook hands with us in the most solemn way, his own wide black hat in his hand. "A--a--hem, gentlemen," he said, "a somewhat unusual situation for one on the bench--most unusual, I may say. But the Court can see no harm in it, since no law of the land is violated. Neither does the Court hold it beneath the dignity of its office to witness this little trial of skill between gentlemen. Further speaking, the Court does not here pass upon questions of law, but sits rather as jury in matters of ocular evidence, with the simple duty of determining whether certain flying objects fall upon this or the other side of that certain line marked out as the boundaries. Gentlemen, I am, a--hem, yours with great pleasure." If there was a twinkle in his eye it was a very solemn one. I venture to say he would have lost no votes at the next election were he up for office.
"Is the case ready for argument?" presently asked the judge, benignly. Williams and Stevenson both replied "All ready."
"I suggest that the gentlemen place their ammunition and loading tools upon the head of the cask at my right," said the judge. "I presume it to be understood that each may employ such charge as he prefers, and that each shall load his own piece?" The seconds assented to this. Of course, in those days only muzzle loaders were used, although we had cut-felt wads and all the improvements in gunnery known at that time. My weapon was supplied me by Captain Stevenson--a good Manton, somewhat battered up from much use, but of excellent even pattern. Orme shot a Pope-made gun of London, with the customary straight hand and slight drop of the English makes. I think he had brought this with him on his travels.
"Shall the firing be with the single barrel, or with both barrels?" inquired our referee. In those days many American matches were shot from plunge traps, and with the single barrel.
"I'm more used to the use of both barrels," suggested Orme, "but I do not insist."
"It is the same to me," I said. So finally we decided that the rise should be at twenty-eight yards, the use of both barrels allowed, and the boundary at fifty yards--such rules as came to be later more generally accepted in this country.
"Gentlemen, I suggest that you agree each bird to be gathered fairly by the hand, each of you to select a gatherer. Each gentleman may remunerate his gatherer, but the said remuneration shall in each case remain the same. Is that satisfactory?" We agreed, and each tossed a silver dollar to a grinning darky boy.
"Now, then, gentlemen, the Court is informed that this match is to be for the sum of twenty-five hundred dollars, wagered by Captain Orme, against a certain black stallion horse, the same not introduced in evidence, but stated by Mr. Cowles to be of the value of twenty-five hundred dollars in the open market. As the match is stated to be on even terms, the said John Cowles guarantees this certain horse to be of such value, or agrees to make good any deficit in that value. Is that understood, gentlemen?"
"I did not ask any guarantee," said Orme. "I know the horse, and he is worth more than twice that sum. You are using me very handsomely, gentlemen."
"Judge Reeves is right," said I. "The match is to be even." We bowed to each other.
The judge felt in his pockets. "Ahem, gentlemen," he resumed. "The Court being, as it were, broke, will some one be so good as to lend the Court a silver coin? Thank you," to Williams, "and now, gentlemen, will you toss for the order of precedence?"
We threw the coin, and I lost the toss. Orme sent me to the score first, with the purpose, as I knew, of studying his man.
I loaded at the open bowls, and adjusted the caps as I stepped to the score. I was perhaps a bit too tense and eager, although my health and youth had never allowed me to be a victim of what is known as nervousness. Our birds were to be flown by hand from behind a screen, and my first bird started off a trifle low, but fast, and I knew I was not on with the first barrel, the hang of Stevenson's gun being not quite the same as my own. I killed it with the second, but it struggled over the tape.
"Lost bird!" called out Judge Reeves sharply and distinctly; and it was evident that now he would be as decisive as he had hitherto been deliberate.
Under the etiquette of the game no comment was made on my mishap, and my second, Stevenson, did not make the mistake of commiserating me. No one spoke a word as Orme stepped to the score. He killed his bird as clean as though he had done nothing else all his life, and indeed, I think he was half turned about from the score before the bird was down. "Dead bird!" called the referee, with jaw closing like a steel trap.
Stevenson whispered to me this time. "Get full on with your first," he said. "They're lead-packers--old ones, every one, and a picked lot."
I was a trifle angry with myself by this time, but it only left me well keyed. My bird fell dead inside of Orme's. A murmur of applause ran down the line. "Silence in the court," thundered Judge Reeves.
We shot along for ten birds, and Orme was straight, to my nine killed. Stevenson whispered to me once more. "Take it easy, and don't be worried about it. It's a long road to a hundred. Don't think about your next bird, and don't worry whether he kills his or not. Just you kill 'em one at a time and kill each one dead. You mustn't think of anything on earth but that one bird before you."
This was excellent advice in the game, and I nodded to him. Whatever the cause, I was by this time perfectly calm. I was now accustomed to my gun, and had confidence in it. I knew I could shoot to the top of my skill, and if I were beaten it would be through no fault of my own nerves and muscles, but through the luck of the birds or the greater skill of the other man.
Orme went on as though he could kill a hundred straight. His time was perfect, and his style at the trap beautiful. He shot carelessly, but with absolute confidence, and more than half the time he did not use his second barrel.
"Old Virginia never tires," whispered Stevenson. "He'll come back to you before long, never fear."
But Orme made it twenty straight before he came back. Then he caught a strong right-quarterer, which escaped altogether, apparently very lightly hit. No one spoke a word of sympathy or exultation, but I caught the glint of Stevenson's eye. Orme seemed not in the least disturbed.
We were now tied, but luck ran against us both for a time, since out of the next five I missed three and Orme two, and the odds again were against me. It stood the same at thirty, and at thirty-five. At forty the fortune of war once more favored me, for although Orme shot like a machine, with a grace and beauty of delivery I have never seen surpassed, he lost one bird stone dead over the line, carried out by a slant of the rising wind, which blew from left to right across the field. Five birds farther on, yet another struggled over for him, and at sixty-five I had him back of me two birds. The interest all along the line was now intense. Stevenson later told me that they had never seen such shooting as we were doing. For myself, it did not seem that I could miss. I doubt not that eventually I must have won, for fate does not so favor two men at the same hour.
We went on slowly, as such a match must, occasionally pausing to cool our barrels, and taking full time with the loading. Following my second's instructions perfectly, I looked neither to the right nor to the left, not even watching Orme. I heard the confusion of low talk back of us, and knew that a large crowd had assembled, but I did not look toward the row of carriages, nor pay attention to the new arrivals which constantly came in. We shot on steadily, and presently I lost a bird, which came in sharply to the left.
The heap of dead birds, some of them still fluttering in their last gasps, now grew larger at the side of the referee, and the negro boys were perhaps less careful to wring the necks of the birds as they gathered them. Occasionally a bird was tossed in such a way as to leave a fluttering wing. Wild pigeons decoy readily to any such sign, and I noticed that several birds, rising in such position that they headed toward the score, were incomers, and very fast. My seventieth bird was such, and it came straight and swift as an arrow, swooping down and curving about with the great speed of these birds when fairly on the wing. I covered it, lost sight of it, then suddenly realized that I must fire quickly if I was to reach it before it crossed the score. It was so close when I fired that the charge cut away the quills of a wing. It fell, just inside the line, with its head up, and my gatherer pounced upon it like a cat. The decision of the referee was prompt, but even so, it was almost lost in the sudden stir and murmur which arose behind us.
Some one came pushing through the crowd, evidently having sprung down from one of the carriages. I turned to see a young girl, clad in white lawn, a thin silver-gray veil drawn tight under her chin, who now pushed forward through the men, and ran up to the black boy who stood with the bird in his hand, hanging by one wing. She caught it from him, and held it against her breast, where its blood drabbled her gown and hands. I remember I saw one drop of blood at its beak, and remember how glad I was that the bird was in effect dead, so that a trying scene would soon be ended.
"Stop this at once!" cried the girl, raising an imperative hand. "Aren't you ashamed, all of you? Look, look at this!" She held out the dying bird in her hand. "Judge Reeves," she cried, "what are you doing there?"
Our decisive referee grew suddenly abashed. "Ah--ah, my dear young lady--my very dear young lady," he began.
"Captain Stevenson," exclaimed the girl, whirling suddenly on my second, "stop this at once! I'm ashamed of you."
"Now, now, my dear Miss Ellen," began Stevenson, "can't you be a good fellow and run back home? We're off the reservation, and really--this, you see, is a judge of the Supreme Court! We're doing nothing unlawful." He motioned toward Judge Reeves, who looked suddenly uncomfortable.
Major Williams added his counsel. "It is a little sport between Captain Orme and Mr. Cowles, Miss Ellen."
"Sport, great sport, isn't it?" cried the girl, holding out her drabbled hands. "Look there"--she pointed toward the pile of dead birds--"hundreds of these killed, for money, for sport. It
isn't sport. You had all these birds once, you owned them."
And there she hit a large truth, with a woman's guess, although none of us had paused to consider it so before.
"The law, Miss Ellen," began Judge Reeves, clearing his throat, "allows the reducing to possession of animals
feroe naturoe, that is to say, of wild nature, and ancient custom sanctions it."
"They were already
reduced" she flashed. "The sport was in getting them the first time, not in butchering them afterward."
Stevenson and Williams rubbed their chins and looked at each other. As for me, I was looking at the girl; for it seemed to me that never in my life had I seen one so beautiful.
Her hair, reddish brown in the sunlight, was massed up by the binding veil, which she pushed back now from her face. Her eyes, wide and dark, were as sad as they were angry. Tears streamed from them down her cheek, which she did not dry. Fearless, eager, she had, without thought, intruded where the average woman would not have ventured, and she stood now courageously intent only upon having the way of what she felt was right and justice. There came to me as I looked at her a curious sense that I and all my friends were very insignificant creatures; and it was so, I think, in sooth, she held us.
"Captain Orme," said I to my opponent, "you observe the actual Supreme Court of America!" He bowed to me, with a questioning raising of his eyebrows, as though he did not like to go on under the circumstances.
"I am unfortunate to lead by a bird," said I, tentatively. For some reason the sport had lost its zest to me.
"And I being the loser as it stands," replied Orme, "do not see how I can beg off." Yet I thought him as little eager to go on as I myself.
"Miss Ellen," said Judge Reeves, removing the hat from his white hair, "these gentlemen desire to be sportsmen as among themselves, but of course always gentlemen as regards the wish of ladies. Certain financial considerations are involved, so that both feel a delicacy in regard to making any motion looking to the altering of the original conditions of this contract. Under these circumstances, then, appeal is taken from this lower Court"--and he bowed very low--"to what my young friend very justly calls the Supreme Court of the United States. Miss Ellen, it is for you to say whether we shall resume or discontinue."
The girl bowed to Judge Reeves, and then swept a sudden hand toward Stevenson and Williams. "Go home, all of you!" she said.
And so, in sooth, much shamefaced, we did go home, Judge of the Supreme Court, officers of the Army, and all, vaguely feeling we had been caught doing some ignoble thing. For my part, although I hope mawkishness no more marks me than another, and although I made neither then nor at any time a resolution to discontinue sports of the field, I have never since then shot in a pigeon match, nor cared to see others do so, for it has never again seemed to me as actual sport. I think the intuitive dictum of the Army girl was right.
"Now
wasn't that like Ellen!" exclaimed Kitty, when finally we found ourselves at her carriage--"just
like that girl. Just
wasn't it
like that
girl! To fly in the face of the Supreme Court of the State, and all the laws of sport as well! Jack, I was keeping count," she held out her ivory tablets. "You'd have beaten him sure, and I wanted to see you do it. You were one ahead, and would have made it better in the next twenty-five. Oh, won't I talk to that girl when I see her!"
"So that was Ellen!" I said to Kitty.
"The very same. Now you've seen her. What you think I don't know, but what she thinks of you is pretty evident."
"You were right, Mrs. Kitty," said I. "She's desperately good looking. But that isn't the girl I danced with last night. In the name of Providence, let me get away from this country, for I know not what may happen to me! No man is safe in this neighborhood of beauties."
"Let's all go home and get a bite to eat," said Stevenson, with much common sense. "You've got glory enough just the way it stands."
So that was Ellen! And it moreover was none less than Ellen Meriwether, daughter of my father's friend and business associate, whom I had traveled thus far to see, and whom, as I now determined, I must meet at the very first possible opportunity. Perhaps, then, it might very naturally come about that--but I dismissed this very rational supposition as swiftly as I was able. _