“Was that your horse that ran over Mr Tull?”
“Yes,” Eck said. “It was mine. How much do I have to p——”
“Hah,” Mrs Tull said again. “Denial of ownership. When there were at least forty men—fools too, or they wouldn’t have been there. But even a fool’s word is good about what he saw and heard. —at least forty men heard that Texas murderer give that horse to Eck Snopes. Not sell it to him, mind; give it to him.”
“What?” the Justice said. “Gave it to him?”
“Yes,” Eck said. “He give it to me. I’m sorry Tull happened to be using that bridge too at the same time. How much do I——”
“Wait,” the Justice said. “What did you give him? a note? a swap of some kind?”
“No,” Eck said. “He just pointed to it in the lot and told me it belonged to me.”
“And he didn’t give you a bill of sale or a deed or anything in writing?”
“I reckon he never had time,” Eck said. “And after Lon Quick forgot and left that gate open, never nobody had time to do no writing even if we had a thought of it.”
“What’s all this?” Mrs Tull said. “Eck Snopes has just told you he owned that horse. And if you wont take his word, there were forty men standing at that gate all day long doing nothing, that heard that murdering card-playing whiskey-drinking antichrist—” This time the Justice raised one hand, in its enormous pristine cuff, toward her. He did not look at her.
“Wait,” he said. “Then what did he do?” he said to Eck. “Just lead the horse up and put the rope in your hand?”
“No,” Eck said. “Him nor nobody else never got no ropes on none of them. He just pointed to the horse in the lot and said it was mine and auctioneanythinf the rest of them and got into the buggy and said good-bye and druv off. And we got our ropes and went into the lot, only Lon Quick forgot to shut the gate. I’m sorry it made Tull’s mules snatch him outen the wagon. How much do I owe him?” Then he stopped, because the Justice was no longer looking at him and, as he realised a moment later, no longer listening either. Instead, he was sitting back in the chair, actually leaning back in it for the first time, his head bent slightly and his hands resting on the table before him, the fingers lightly overlapped. They watched him quietly for almost a half-minute before anyone realised that he was looking quietly and steadily at Mrs Tull.
“Well, Mrs Tull,” he said, “by your own testimony, Eck never owned that horse.”
“What?” Mrs Tull said. It was not loud at all. “What did you say?”
“In the law, ownership cant be conferred or invested by word-of-mouth. It must be established either by recorded or authentic document, or by possession or occupation. By your testimony and his both, he never gave that Texas man anything in exchange for that horse, and by his testimony the Texas man never gave him any paper to prove he owned it, and by his testimony and by what I know myself from these last four weeks, nobody yet has ever laid hand or rope either on any one of them. So that horse never came into Eck’s possession at all. That Texas man could have given that same horse to a dozen other men standing around that gate that day, without even needing to tell Eck he had done it; and Eck himself could have transferred all his title and equity in it to Mr Tull right there while Mr Tull was lying unconscious on that bridge just by thinking it to himself, and Mr Tull’s title would be just as legal as Eck’s.”
“So I get nothing,” Mrs Tull said. Her voice was still calm, quiet, though probably no one but Tull realised that it was too calm and quiet. “My team is made to run away by a wild spotted mad-dog, my wagon is wrecked; my husband is jerked out of it and knocked unconscious and unable to work for a whole week with less than half of our seed in the ground, and I get nothing.”
“Wait,” the Justice said. “The law—”
“The law,” Mrs Tull said. She stood suddenly up—a short, broad, strong woman, balanced on the balls of her planted feet.
“Now, mamma,” Tull said.
“Yes, ma’am,” the Justice said. “Your damages are fixed by statute. The law says that when a suit for damages is brought against the owner of an animal which has committed damage or injury, if the owner of the animal either cant or wont assume liability, the injured or damaged party shall find recompense in the body of the animal. And since Eck Snopes never owned that horse at all, and since you just heard a case here this morning that failed to prove that Flem Snopes had any equity in any of them, that horse still belongs to that Texas man. Or did belong. Because now that horse that made your team run away and snatch your husband out of the wagon, belongs to you and Mr Tull.”
“Now, mamma!” Tull said. He rose quickly. But Mrs Tull was still quiet, only quite rigid and breathing hard, until Tull spoke. Then she turned on him, not screaming: shouting; presently the bailiff was banging the table-top with his hand-polished hickory cane and roaring “Order! Order!” while the neat old man, thrust backward in his chair as though about to dodge and trembling with an old man’s palsy, looked on with amazed unbelief.
“The horse!” Mrs Tull shouted. “We see it for five seconds, while it is climbing into the wagon with us and then out again. Then it’s gone, God dont know where and thank the Lord He dont! And the mules gone with it and the wagon wrecked and you laying there on the bridge with your face full of kindling-wood and bleeding like a hog and dead for all we knew. And he gives us the horse! Dont you hush me! Get on to that wagon, fool that would sit there behind a pair of young mules with the reins tied around his wrist! Get on to that wagon, all of you!”
“I cant stand no more!” the old Justice cried. “I wont! This court’s adjourned! Adjourned!”
There was another trial then. It began on the following Monday and most of those same faces watched it too, in the county courthouse in Jefferson when the prisoner entered between two officers and looking hardly larger than a child, in a suit of brand-new overalls, thin, almost frail-looking, the sombre violent face thin in repose and pallid from the eight months in jail, and was arraigned and then plead by the counsel appointed him by the Court—a young man graduated only last June from the State University’s law school and admitted to the Bar, who did what he could and overdid what he could not, zealous and, for all practical purposes and results, ignored, having exhausted all his challenges before the State had made one and in despite of which seeing himself faced by an authenticated jury in almost record time as if the State, the public, all rational mankind, possessed an inexhaustible pool of interchangeable faces and names all cradling one identical conviction and intention, so that his very challenges could have been discharged for him by the janitor who opened the courtroom, by merely counting off the first members of the panel corresponding to that number. And, if the defendant’s counsel had any detachment and objectivity left at all by then, he probably realised soon that it was not his client but himself who was embattled with that jury. Because his client was paying no attention whatever to what was going on. He did not seem to be
