“Varmount State; ‘tis a mountaynious place, but there’s a stiff soil, and it’s pretty much wooded with beech and maple.”
“I have always heard so,” said Mr. Lippet soothingly.
“You have been used to the rifle yourself in that country.”
“I pull the second best trigger in this county.
I knock under to Natty Bumppo, there, sin’ he shot the pigeon.”
Leather-Stocking raised his head, and laughed again, when he abruptly thrust out a wrinkled hand, and said:
“You’re young yet, Billy, and haven’t seen the matches that I have; but here’s my hand; I bear no malice to you, I don’t.”
Mr. Lippet allowed this conciliatory offering to be accepted, and judiciously paused, while the spirit of peace was exercising its influence over the two; but the Judge interposed his authority.
“This is an improper place for such dialogues,” he said; “proceed with your examination of this witness, Mr. Lippet, or I shall order the next.”
The attorney started, as if unconscious of any impropriety, and continued:
“So you settled the matter with Natty amicably on the spot, did you?”
“He gi’n me the skin, and I didn’t want to quarrel with an old man; for my part, I see no such mighty matter in shooting a buck!”
“And you parted friends? and you would never have thought of bringing the business up before a court, hadn’t you been subpoenaed?”
“I don’t think I should; he gi’n the skin, and I didn’t feel a hard thought, though Squire Doolittle got some affronted.”
“I have done, sir,” said Mr. Lippet, probably relying on the charge of the Judge, as he again seated himself, with the air of a main who felt that his success was certain.
When Mr. Van der School arose to address the jury, he commenced by saying:
“Gentlemen of the jury, I should have interrupted the leading questions put by the prisoner’s counsel (by leading questions I mean telling him what to say), did I not feel confident that the law of the land was superior to any ad vantages (I mean legal advantages) which he might obtain by his art.
The counsel for the prisoner, gentlemen, has endeavored to persuade you, in opposition to your own good sense, to believe that pointing a rifle at a constable (elected or deputed) is a very innocent affair; and that society (I mean the commonwealth, gentlemen) shall not be endangered thereby.
But let me claim your attention, while we look over the particulars of this heinous offence.”
Here Mr. Vain der School favored the jury with an abridgment of the testimony, recounted in such a manner as utterly to confuse the faculties of his worthy listeners.
After this exhibition he closed as follows:
“And now, gentlemen, having thus made plain to your senses the crime of which this unfortunate man has been guilty (unfortunate both on account of his ignorance and his guilt), I shall leave you to your own consciences; not in the least doubting that you will see the importance (notwithstanding the prisoner’s counsel [doubtless relying on your former verdict] wishes to appear so confident of success) of punishing the offender, and asserting the dignity of the laws.”
It was now the duty of the Judge to deliver his charge.
It consisted of a short, comprehensive summary of the testimony, laying bare the artifice of the prisoner’s counsel, and placing the facts in so obvious a light that they could not well be misunderstood.
“Living as we do, gentlemen,” he concluded, “on the skirts of society, it becomes doubly necessary to protect the ministers of the law.
If you believe the witnesses, in their construction of the acts of the prisoner, it is your duty to convict him; but if you believe that the old man, who this day appears before you, meant not to harm the constable, but was acting more under the influence of habit than by the instigations of malice, it will be your duty to judge him, but to do it with lenity.”
As before, the jury did not leave their box; but, after a consultation of some little time, their foreman arose, and pronounced the prisoner Guilty.
There was but little surprise manifested in the courtroom at this verdict, as the testimony, the greater part of which we have omitted, was too clear and direct to be passed over.
The judges seemed to have anticipated this sentiment, for a consultation was passing among them also, during the deliberation of the jury, and the preparatory movements of the “bench” announced the coming sentence.
“Nathaniel Bumppo,” commenced the Judge, making the customary pause.
The old hunter, who had been musing again, with his head on the bar, raised himself, and cried, with a prompt, military tone:
“Here.”
The Judge waved his hand for silence, and proceeded:
“In forming their sentence, the court have been governed as much by the consideration of your ignorance of the laws as by a strict sense of the importance of punishing such outrages as this of which you have been found guilty.
They have therefore passed over the obvious punishment of whipping on the bare back, in mercy to your years; but, as the dignity of the law requires an open exhibition of the consequences of your crime, it is ordered that you be conveyed from this room to the public stocks, where you are to be confined for one hour; that you pay a fine to the State of one hundred dollars; and that you be imprisoned in the jail of this county for one calendar month, and, furthermore, that your imprisonment do not cease until the said fine shall be paid.
I feel it my duty, Nathaniel Bumppo—”
“And where should I get the money?” interrupted the Leather-Stocking eagerly; “where should I get the money? you’ll take away the bounty on the painters, because I cut the throat of a deer; and how is an old man to find so much gold or silver in the woods?
No, no, Judge; think better of it, and don’t talk of shutting me up in a jail for the little time I have to stay.”
“If you have anything to urge against the passing of the sentence, the court will yet hear you,” said the Judge, mildly.
“I have enough to say agin’ it,” cried Natty, grasping the bar on which his fingers were working with a convulsed motion.
“Where am I to get the money?
Let me out into the woods and hills, where I’ve been used to breathe the clear air, and though I’m threescore and ten, if you’ve left game enough in the country, I’ll travel night and day but I’ll make you up the sum afore the season is over.
Yes, yes—you see the reason of the thing, and the wicked ness of shutting up an old man that has spent his days, as one may say, where he could always look into the windows of heaven.”
“I must be governed by the law—”
“Talk not to me of law, Marmaduke Temple,” interrupted the hunter.
“Did the beast of the forest mind your laws, when it was thirsty and hungering for the blood of your own child?
She was kneeling to her God for a greater favor than I ask, and he heard her; and if you now say no to my prayers, do you think he will be deaf?”
“My private feelings must not enter into—”
“Hear me, Marmaduke Temple,” interrupted the old man, with melancholy earnestness, “and hear reason.
I’ve travelled these mountains when you was no judge, but an infant in your mother’s arms; and I feel as if I had a right and a privilege to travel them agin afore I die.