Chapter 7

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_ CHAPTER VII

The conversation which Johnny Filgee had overheard between Uncle Ben and the gorgeous stranger, although unintelligible to his infant mind, was fraught with some significance to the adult settlers of Indian Spring. The town itself, like most interior settlements, was originally a mining encampment, and as such its founders and settlers derived their possession of the soil under the mining laws that took precedence of all other titles. But although that title was held to be good even after the abandonment of their original occupation, and the establishment of shops, offices, and dwellings on the site of the deserted places, the suburbs of the town and outlying districts were more precariously held by squatters, under the presumption of their being public land open to preemption, or the settlement of school-land warrants upon them. Few of the squatters had taken the trouble to perfect even these easy titles, merely holding "possession" for agricultural or domiciliary purposes, and subject only to the invasion of "jumpers," a class of adventurers who, in the abeyance of recognized legal title, "jumped" or forcibly seized such portions of a squatter's domains as were not protected by fencing or superior force. It was therefore with some excitement that Indian Spring received the news that a Mexican grant of three square leagues, which covered the whole district, had been lately confirmed by the Government, and that action would be taken to recover possession. It was understood that it would not affect the adverse possessions held by the town under the mining laws, but it would compel the adjacent squatters like McKinstry, Davis, Masters, and Filgee, and jumpers like the Harrisons, to buy the legal title, or defend a slow but losing lawsuit. The holders of the grant--rich capitalists of San Francisco--were open to compromise to those in actual possession, and in the benefits of this compromise the unscrupulous "jumper," who had neither sown nor reaped, but simply dispossessed the squatter who had done both, shared equally with him.

A diversity of opinion as to the effect of the new claim naturally obtained; the older settlers still clung to their experiences of an easy aboriginal holding of the soil, and were sceptical both as to the validity and justice of these revived alien grants; but the newer arrivals hailed this certain tenure of legal titles as a guarantee to capital and an incentive to improvement. There was also a growing and influential party of Eastern and Northern men, who were not sorry to see a fruitful source of dissension and bloodshed removed. The feuds of the McKinstrys and Harrisons, kept alive over a boundary to which neither had any legal claim, would seem to bring them hereafter within the statute law regarding ordinary assaults without any ethical mystification. On the other hand McKinstry and Harrison would each be able to arrange any compromise with the new title holders for the lands they possessed, or make over that "actual possession" for a consideration. It was feared that both men, being naturally lawless, would unite to render any legal eviction a long and dangerous process, and that they would either be left undisturbed till the last, or would force a profitable concession. But a greater excitement followed when it was known that a section of the land had already been sold by the owners of the grant, that this section exactly covered the debatable land of the McKinstry-Harrison boundaries, and that the new landlord would at once attempt its legal possession. The inspiration of genius that had thus effected a division of the Harrison-McKinstry combination at its one weak spot excited even the admiration of the sceptics. No one in Indian Spring knew its real author, for the suit was ostensibly laid in the name of a San Francisco banker. But the intelligent reader of Johnny Filgee's late experience during the celebration will have already recognized Uncle Ben as the man, and it becomes a part of this veracious chronicle at this moment to allow him to explain, not only his intentions, but the means by which he carried them out, in his own words.

It was one afternoon at the end of his usual solitary lesson, and the master and Uncle Ben were awaiting the arrival of Rupert. Uncle Ben's educational progress lately, through dint of slow tenacity, had somewhat improved, and he had just completed from certain forms and examples in a book before him a "Letter to a Consignee" informing him that he, Uncle Ben, had just shipped "2 cwt. Ivory Elephant Tusks, 80 peculs of rice and 400bbls. prime mess pork from Indian Spring;" and another beginning "Honored Madam," and conveying in admirably artificial phraseology the "lamented decease" of the lady's husband from yellow fever, contracted on the Gold Coast, and Uncle Ben was surveying his work with critical satisfaction when the master, somewhat impatiently, consulted his watch. Uncle Ben looked up.

"I oughter told ye that Rupe didn't kalkilate to come to day."

"Indeed--why not?"

"I reckon because I told him he needn't. I allowed to--to hev a little private talk with ye, Mr. Ford, if ye didn't mind."

Mr. Ford's face did not shine with invitation. "Very well," he said, "only remember I have an engagement this afternoon."

"But that ain't until about sundown," said Uncle Ben quietly. "I won't keep ye ez long ez that."

Mr. Ford glanced quickly at Uncle Ben with a rising color. "What do you know of my engagements?" he said sharply.

"Nothin', Mr. Ford," returned Uncle Ben simply; "but hevin' bin layin' round, lookin' for ye here and at the hotel for four or five days allus about that time and not findin' you, I rather kalkilated you might hev suthin' reg'lar on hand."

There was certainly nothing in his face or manner to indicate the least evasion or deceit, or indeed anything but his usual naivete, perhaps a little perturbed and preoccupied by what he was going to say. "I had an idea of writin' you a letter," he continued, "kinder combinin' practice and confidential information, you know. To be square with you, Mr. Ford, in pint o' fact, I've got it HERE. But ez it don't seem to entirely gibe with the facts, and leaves a heap o' things onsaid and onseen, perhaps it's jest ez wall ez I read it to you myself--putten' in a word here and there, and explainin' it gin'rally. Do you sabe?"

The master nodded, and Uncle Ben drew from his desk a rude portfolio made from the two covers of a dilapidated atlas, and took from between them a piece of blotting-paper, which through inordinate application had acquired the color and consistency of a slate, and a few pages of copy-book paper, that to the casual glance looked like sheets of exceedingly difficult music. Surveying them with a blending of chirographic pride, orthographic doubt, and the bashful consciousness of a literary amateur, he traced each line with a forefinger inked to the second joint, and slowly read aloud as follows:--

"'Mr. Ford, Teacher.

"'DEAR SIR,--Yours of the 12th rec'd and contents noted.'" ("I did'nt," explained Uncle Ben parenthetically, "receive any letter of yours, but I thought I might heave in that beginning from copy for practice. The rest is ME.") "'In refference to my having munney,"' continued Uncle Ben reading and pointing each word as he read, "'and being able to buy Ditch Stocks an' Land'"--

"One moment," said Mr. Ford interrupting, "I thought you were going to leave out copy. Come to what you have to say."

"But I HEV--this is all real now. Hold on and you'll see," said Uncle Ben. He resumed with triumphant emphasis:--

"'When it were gin'rally allowed that I haddent a red cent, I want to explain to you Mister Ford for the first time a secret. This here is how it was done. When I first came to Injian Spring, I settled down into the old Palmetto claim, near a heap of old taillings. Knowin' it were against rools, and reg'lar Chinyman's bizness to work them I diddn't let on to enyboddy what I did--witch wos to turn over some of the quarts what I thought was likely and Orrifferus. Doing this I kem uppon some pay ore which them Palmetto fellers had overlookt, or more likely had kaved in uppon them from the bank onknown. Workin' at it in od times by and large, sometimes afore sun up and sometimes after sundown, and all the time keeping up a day's work on the clame for a show to the boys, I emassed a honist fortun in 2 years of 50,000 dolers and still am. But it will be askd by the incredjulos Reeder How did you never let out anything to Injian Spring, and How did you get rid of your yeald? Mister Ford, the Anser is I took it twist a month on hoss back over to La Port and sent it by express to a bank in Sacramento, givin' the name of Daubigny, witch no one in La Port took for me. The Ditch Stok and the Land was all took in the same name, hens the secret was onreviled to the General Eye--stop a minit,'" he interrupted himself quickly as the master in an accession of impatient scepticism was about to break in upon him, "it ain't all." Then dropping his voice to a tremulous and almost funereal climax, he went on:--

"'Thus we see that pashent indurstry is Rewarded in Spite of Mining Rools and Reggylashuns, and Predgudisses agin Furrin Labor is played out and fleeth like a shad-or contenueyeth not long in One Spot, and that a Man may apear to be off no Account and yet Emass that witch is far abov rubles and Fadith not Away.

"'Hoppin' for a continneyance

"'of your fevors I remain,

"'Yours to command,

"'BENJ D'AUBIGNY."'

The gloomy satisfaction with which Uncle Ben regarded this peroration--a satisfaction that actually appeared to be equal to the revelation itself--only corroborated the master's indignant doubts.

"Come," he said, impulsively taking the paper from Uncle Ben's reluctant hand, "how much of this is a concoction of yours and Rupe's--and how much is a true story? Do you really mean?"--

"Hold on, Mr. Ford!" interrupted Uncle Ben, suddenly fumbling in the breast-pocket of his red shirt, "I reckoned on your being a little hard with me, remembering our first talk 'bout these things--so I allowed I'd bring you some proof." Slowly extracting a long legal envelope from his pocket, he opened it, and drew out two or three crisp certificates of stock, and handed them to the master.

"Ther's one hundred shares made out to Benj Daubigny. I'd hev brought you over the deed of the land too, but ez it's rather hard to read off-hand, on account of the law palaver, I've left it up at the shanty to tackle at odd times by way of practising. But ef you like we'll go up thar, and I'll show it to you."

Still haunted by his belief in Uncle Ben's small duplicities, Mr. Ford hesitated. These were certainly bona fide certificates of stock made out to "Daubigny." But he had never actually accepted Uncle Ben's statement of his identity with that person, and now it was offered as a corroboration of a still more improbable story. He looked at Uncle Ben's simple face slightly deepening in color under his scrutiny--perhaps with conscious guilt.

"Have you made anybody your confidant? Rupe, for instance?" he asked significantly.

"In course not," replied Uncle Ben with a slight stiffening of wounded pride. "On'y yourself, Mr. Ford, and the young feller Stacey from the bank--ez was obligated to know it. In fact, I wos kalkilatin' to ask you to help me talk to him about that yer boundary land."

Mr. Ford's scepticism was at last staggered. Any practical joke or foolish complicity between the agent of the bank and a man like Uncle Ben was out of the question, and if the story were his own sole invention, he would have scarcely dared to risk so accessible and uncompromising a denial as the agent had it in his power to give.

He held out his hand to Uncle Ben. "Let me congratulate you," he said heartily, "and forgive me if your story really sounded so wonderful I couldn't quite grasp it. Now let me ask you something more. Have you had any reason for keeping this a secret, other than your fear of confessing that you violated a few bigoted and idiotic mining rules--which, after all, are binding only upon sentiment--and which your success has proved to be utterly impractical?"

"There WAS another reason, Mr. Ford," said Uncle Ben, wiping away an embarrassed smile with the back of his hand, "that is, to be square with you, WHY I thought of consultin' you. I didn't keer to have McKinstry, and"--he added hurriedly, "in course Harrison, too, know that I bought up the title to thur boundary."

"I understand," nodded the master. "I shouldn't think you would."

"Why shouldn't ye?" asked Uncle Ben quickly.

"Well--I don't suppose you care to quarrel with two passionate men."

Uncle Ben's face changed. Presently, however, with his hand to his face, he managed to manipulate another smile, only it appeared for the purpose of being as awkwardly wiped away.

"Say ONE passionate man, Mr. Ford."

"Well, one if you like," returned the master cheerfully. "But for the matter of that, why any? Come--do you mind telling me why you bought the land at all? You know it's of little value to any but McKinstry and Harrison."

"Soppose," said Uncle Ben slowly, with a great affectation of wiping his ink-spotted desk with his sleeve, "soppose that I had got kinder tired of seein' McKinstry and Harrison allus fightin' and scrimmagin' over their boundary line. Soppose I kalkilated that it warn't the sort o' thing to induce folks to settle here. Soppose I reckoned that by gettin' the real title in my hands I'd have the deadwood on both o' them, and settle the thing my own way, eh?"

"That certainly was a very laudable intention," returned Mr. Ford, observing Uncle Ben curiously, "and from what you said just now about one passionate man, I suppose you have determined already WHO to favor. I hope your public spirit will be appreciated by Indian Spring at least--if it isn't by those two men."

"You lay low and keep dark and you'll see," returned his companion with a hopefulness of speech which his somewhat anxious eagerness however did not quite bear out. "But you're not goin' yet, surely," he added, as the master again absently consulted his watch. "It's on'y half past four. It's true thar ain't any more to tell," he added simply, "but I had an idea that you might hev took to this yer little story of mine more than you 'pear to be, and might be askin' questions and kinder bedevlin' me with jokes ez to what I was goin' to do--and all that. But p'raps it don't seem so wonderful to you arter all. Come to think of it--squarely now," he said, with a singular despondency, "I'm rather sick of it myself--eh?"

"My dear old boy," said Ford, grasping both his hands, with a swift revulsion of shame at his own utterly selfish abstraction, "I am overjoyed at your good luck. More than that, I can say honestly, old fellow, that it couldn't have fallen in more worthy hands, or to any one whose good fortune would have pleased me more. There! And if I've been slow and stupid in taking it in, it is because it's so wonderful, so like a fairy tale of virtue rewarded--as if you were a kind of male Cinderella, old man!" He had no intention of lying--he had no belief that he was: he had only forgotten that his previous impressions and hesitations had arisen from the very fact that he DID doubt the consistency of the story with his belief in Uncle Ben's weakness. But he thought himself now so sincere that the generous reader, who no doubt is ready to hail the perfect equity of his neighbor's good luck, will readily forgive him.

In the plenitude of this sincerity, Ford threw himself at full length on one of the long benches, and with a gesture invited Uncle Ben to make himself equally at his ease. "Come," he said with boyish gayety, "let's hear your plans, old man. To begin with, who's to share them with you? Of course there are 'the old folks at home' first; then you have brothers--and perhaps sisters?" He stopped and glanced with a smile at Uncle Ben; the idea of there being a possible female of his species struck his fancy.

Uncle Ben, who had hitherto always exercised a severe restraint--partly from respect and partly from caution--over his long limbs in the school-house, here slowly lifted one leg over another bench, and sat himself astride of it, leaning forward on his elbow, his chin resting between his hands.

"As far as the old folks goes, Mr. Ford, I'm a kind of an orphan."

"A KIND of orphan?" echoed Ford.

"Yes," said Uncle Ben, leaning heavily on his chin, so that the action of his jaws with the enunciation of each word slightly jerked his head forward as if he were imparting confidential information to the bench before him. "Yes, that is, you see, I'm all right ez far as the old man goes--HE'S dead; died way back in Mizzouri. But ez to my mother, it's sorter betwixt and between--kinder unsartain. You see, Mr. Ford, she went off with a city feller--an entire stranger to me--afore the old man died, and that's wot broke up my schoolin'. Now whether she's here, there, or yon, can't be found out, though Squire Tompkins allowed--and he were a lawyer--that the old man could get a divorce if he wanted, and that you see would make me a whole orphan, ef I keerd to prove title, ez the lawyers say. Well--thut sorter lets the old folks out. Then my brother was onc't drowned in the North Platt, and I never had any sisters. That don't leave much family for plannin' about--does it?"

"No," said the master reflectively, gazing at Uncle Ben, "unless you avail yourself of your advantages now and have one of your own. I suppose now that you are rich, you'll marry."

Uncle Ben slightly changed his position, and then with his finger and thumb began to apparently feed himself with certain crumbs which had escaped from the children's luncheon-baskets and were still lying on the bench. Intent on this occupation and without raising his eyes to the master, he returned slowly, "Well, you see, I'm sorter married already."

The master sat up quickly.

"What, YOU married--now?"

"Well, perhaps that's a question. It's a good deal like my beein' an orphan--oncertain and onsettled." He paused to pursue an evasive crumb to the end of the bench and having captured it, went on: "It was when I was younger than you be, and she warn't very old neither. But she knew a heap more than I did; and ez to readin' and writin', she was thar, I tell you, every time. You'd hev admired to see her, Mr. Ford." As he paused here as if he had exhausted the subject, the master said impatiently, "Well, where is she now?"

Uncle Ben shook his head slowly. "I ain't seen her sens I left Mizzouri, goin' on five years ago."

"But why haven't you? What was the matter?" persisted the master.

"Well--you see--I runned away. Not SHE, you know, but I--I scooted, skedaddled out here."

"But what for?" asked the master, regarding Uncle Ben with hopeless wonder. "Something must have happened. What was it? Was she"--

"She WAS a good schollard," said Uncle Ben gravely, "and allowed to be sech, by all. She stood about so high," he continued, indicating with his hand a medium height. "War little and dark complected."

"But you must have had some reason for leaving her?"

"I've sometimes had an idea," said Uncle Ben cautiously, "that mebbee runnin' away ran in some fam'lies. Now, there war my mother run off with an entire stranger, and yer's me ez run off by myself. And what makes it the more one-like is that jest as dad allus allowed he could get a devorce agin mother, so my wife could hev got one agin me for leavin' her. And it's almost an evenhanded game that she hez. It's there where the oncertainty comes in."

"But are you satisfied to remain in this doubt? or do you propose, now that you are able, to institute a thorough search for her?"

"I was kalkilatin' to look around a little," said Uncle Ben simply.

"And return to her if you find her?" continued the master.

"I didn't say that, Mr. Ford."

"But if she hasn't got a divorce from you that's what you'll have to do, and what you ought to do--if I understand your story. For by your own showing, a more causeless, heartless, and utterly inexcusable desertion than yours, I never heard of."

"Do you think so?" said Uncle Ben with exasperating simplicity.

"Do I think so?" repeated Mr. Ford, indignantly. "Everybody'll think so. They can't think otherwise. You say you deserted her, and you admit she did nothing to provoke it."

"No," returned Uncle Ben quickly, "nothin'. Did I tell you, Mr. Ford, that she could play the pianner and sing?"

"No," said Mr. Ford, curtly, rising impatiently and crossing the room. He was more than half convinced that Uncle Ben was deceiving him. Either under the veil of his hide-bound simplicity he was an utterly selfish, heartless, secretive man, or else he was telling an idiotic falsehood.

"I'm sorry I can neither congratulate you nor condole with you on what you have just told me. I cannot see that you have the least excuse for delaying a single moment to search for your wife and make amends for your conduct. And if you want my opinion it strikes me as being a much more honorable way of employing your new riches than mediating in your neighbors' squabbles. But it's getting late and I'm afraid we must bring our talk to an end. I hope you'll think this over before we meet again--and think differently."

Nevertheless, as they both left the schoolhouse, Mr. Ford lingered over the locking of the door to give Uncle Ben a final chance for further explanation. But none came. The new capitalist of Indian Spring regarded him with an intensification of his usual half sad, half embarrassed smile, and only said: "You understand this yer's a secret, Mr. Ford?"

"Certainly," said Ford with ill-concealed irritation.

"'Bout my bein' sorter married?"

"Don't be alarmed," he responded dryly; "it's not a taking story."

They separated; Uncle Ben, more than ever involved in his usual unsatisfactory purposes, wending his way towards his riches; the master lingering to observe his departure before he plunged, in virtuous superiority, into the woods that fringed the Harrison and McKinstry boundaries. _

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