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On the face of it one might have questioned the wisdom of selecting for a task so difficult a man who knew absolutely nothing about it. When the work in hand was the apprehension of a band of violators of the law who had for years defied and intimidated the whole countryside, this course seemed even more unusual. But the wonder would have still further multiplied itself if the casual observer could have given Billy Gard the once over as he sat nervously on the edge of the cane seat of the day coach as the accommodation train pulled into the hill country.
For this special agent of the Department of Justice, mind you, was to take up a piece of work upon which local constables and sheriffs, United States marshals and revenue agents had failed. There was murder at one end of the road he was to travel and the gallows at the other. And Gard was a nondescript youngster who looked less than thirty, neither light nor dark, large nor small-inconspicuous, easily lost in a crowd. The careful observer might have noticed the breadth of brow and the wrinkles that come to the man who thinks, or the tenseness of his slim form that indicated physical fitness. For to be sure, these federal sleuths of the new school are mostly college men, lawyers, expert accountants, as was Gard; but youngsters in whom is to be found the love of a bit of adventure and the steel of a set determination.
And now this slip of a lad was going back into the Cumberlands where the whisky still whispers its secret to the mountaineer; where the revenue agent penetrates at his peril and the Long Tom speaks from the thickets; where the clansman sets what he considers his rights above the law of the land and stands ready to lay his life or that of any who oppose him on the altar he has built. Gard was after a community of moonshiners who had defied all local authority and thrown down the gauntlet to the Federal Government itself. He came alone with a little wicker grip.
"I am looking for a place to board," the special agent told Todd, the livery stable man at Wheeler, the mountain town at which he had stopped off. "I have been clerking in a store in Atlanta and got pretty well run down. The doctor said I ought to stay in the mountains for a month or two."
"How much can you pay?" asked Todd.
"I would like to get it as cheap as five dollars a week," said Gard.
"You can buy a farm up here for five dollars a week," said Todd.
"Well, I want good board where I can get lots of milk to drink and eggs and where I can tramp around and shoot squirrels. Do you know such a place?"
The liveryman was accustomed to driving summer boarders out to the few places where they might stay in the Cumberlands. He sketched these possibilities and told of the location of each. Gard already had the map of the country well in mind and selected the farm near Sam Lunsford's, he being the mountaineer whom the agent most wanted to cultivate.
Todd reviewed the situation as between the mountaineers and the Government as he drove his customer out to the Tenney farm where he was to ask to be put up.
"You see," he said, "they have always made moonshine whisky around here and they just won't stop for nobody. They ain't many ideas gits into the head of a man who lives in the mountains, and when one gits set there, you can't get it out. They think they got a right to make whisky and whisky they are goin' to make or bust.
"Then along comes Tom Reynolds and Sam Lunsford and me and some more of us. We see that it ain't right to fight the Government and that whisky is no good anyhow, so whenever we find out where there is a still, we tell the revenue agents about it. Well, we git warnin's that we better not do it no more, but them fellers can't skeer us so we go right ahead.
"Then one night, Tom Reynolds starts home from Wheeler late in the evenin' but he don't never get there. Next mornin' we find his wagon standin' off to the side of the road and Tom is down in front of the seat dead with a load of buckshot in his head.
"Sam Lunsford has still got the idea, though, that the boys ought not to make moonshine so he goes right ahead reportin' every still he finds. So things goes on for two months. Then, one night, Sam was up late with one of his babies that had the colic. He was settin' before the fire a rockin' the baby when, bang! somebody shoots him through the winder.
"Well, that shot didn't quite get Sam. Did you ever try to shoot the head off of a chicken as it walked across the yard? Its head moves for'd and back and it is mighty hard to hit it. That's the way with Sam rockin' the baby, I reckon. Anyway, the buckshot just got Sam in the back part of his head and didn't kill him. Next day his old woman picked the buckshot out with a pocket knife because the doctor was afraid to go. Now Sam is as well as he ever was and he ain't changed his mind about the stills. Him and me reported two of them last week."
This story was about in accordance with the information Gard received from Washington. The revenue agents were too well known to work effectually in the Cumberlands any more, so the Department of Justice had taken over the case. The murderers and those who attempted murder should be apprehended.
As the wagon wound along the country road Todd called the special agent's attention to the report of a rifle from a hillside to the right. Soon another gun was discharged further ahead and a third still further on. This, the liveryman said, was a system of signals that told of their presence.
A little farther along the road wound into a hollow down which flowed a brook. Out of the brush in this hollow stepped the form of a mountaineer with a rifle across his arm. Todd drew up his team.
"What have you got there?" asked the man in the road.
"Summer boarder," said Todd.
"Where's he goin'?" was the query.
"To Tenney's," answered Todd.
The mountaineer walked around to the back of the wagon where Gard's little wicker grip was carried. Without a word he opened the grip and carefully examined everything in it. Seemingly satisfied, he waved permission for them to proceed.
"Young feller," he said to Gard in parting, "you are in durn bad company. You can't never tell whether you will git back when you start out with that skunk."
To which Todd grinned as he drove on.
"They ain't never made the bullet that'll kill me," he said.
It was three days later that Billy Gard, squirrel rifle on his shoulder, walked into the clearing about the house of Sam Lunsford, the man who had survived the charge of buckshot in the back of his head. The Lunsford house consisted of one log room with a lean-to addition at the back. There was a clearing of some thirty acres where grew a most indifferent sprinkling of corn and cotton. There was a crib for the corn, a ramshackle wagon, a flea-bitten gray horse and some hogs running wild in the woods. Such was the Lunsford estate, presided over by this huge mountaineer and to which his eleven children were heir. Seldom did an echo of the outside world reach this home in the woods. Not a member of the family was able to read. Every Sunday Sam Lunsford drove the flea-bitten gray or walked seven miles to a little mountain church where was preached a gospel of hellfire and brimstone. He was hated by his neighbors and constantly in the shadow of death. Yet he went unswervingly on the way of his duty in accordance with his lights.
Gard already had the measure of his man. No sooner had he presented himself than he put his business up to the mountaineer, "cold turkey," as the agents say when they lay all the cards on the table. Would Lunsford help the government in getting the facts that would bring the murderers of Tom Reynolds and the men who shot him to justice? Lunsford would do all he could.
"Whom do you suspect?" the agent asked.
"There are so many of them agin me," said Lunsford, "that it is hard to tell which ones done it."
"Will you show me just how you were sitting when you were shot?"
The mountaineer placed the rocking chair in front of the fire directly between a hole in the window and a spot in the opposite wall where the buckshot had lodged themselves, peppering up a surface two feet square. Thus was it easy to trace the flight of the shot through the room. The special agent examined both window pane and wall.
"Could you tell where the man stood when he fired?" he asked.
"Yes," said Lunsford. "I looked for tracks next day. Let me show you."
He led the way into the yard and there pointed out a stout peg which had been driven into the ground not a dozen feet from the window.
"The tracks came up to there and stopped," he said.
"Did you measure the tracks?" asked the special agent.
The mountaineer had done so and had cut a stick just the length of the track. This stick had been carefully preserved.
"Did you find any of the gun wadding?" asked the agent.
Even this precaution was taken by Lunsford. These men of the mountains mostly load their own shells and the wads in this case had been made by cutting pieces out of a pasteboard box. So there were a number of clues at hand.
Special Agent Billy Gard stood on the spot from which the shot had been fired. From this point to that at which the buckshot had entered the wall of the cabin was not more than thirty feet.
"An ordinary shotgun at thirty feet," he reflected, remembering his squirrel hunting days, "shoots almost like a rifle. The shot at that distance are all in a bunch not bigger than your fist. Yet the shot in the cabin wall were scattered. The man with the gun must have been further away."
Gard stated this view of the matter to the mountaineer, but that individual showed how it would have been impossible for the shot to have been fired from a greater distance because there was a depression that would have placed the man with the gun too low down to see in at the window. The shot could have been fired from but the one spot. The window pane through which the shot had passed was about half way between the peg and the wall where the charge had lodged. The hole in the window was not more than half as large as the wall surface peppered by the shot. This scatter of shot at such short range was significant.
"The shot must have been fired from a sawed-off shotgun," said the special agent. "Only a short-barreled gun would have scattered so much at this short range."
He meditated a moment and then asked:
"Who is there around here who has a sawed-off shotgun?"
"Ty Jones has got one," said Sam.
"Is he friendly to you?" asked Gard.
"No," was the reply. "The revenue agents chopped up his still after I reported it."
"Did he ever threaten you?"
"He said onst at the crossroads that he knew a bear with a sore head that would soon be feelin' almighty comf'table 'cause it was goin' to lose that head."
Here was a probable case of Ty Jones being the man guilty of the attempt on the life of Lunsford. There was a possibility, as Gard saw it, of getting this suspicion confirmed. Despite the animosity that existed between the heads of the families, the Jones youngsters and the Lunsford youngsters were playmates; so does the sociability of youth break down the bars set up by maturity. Lunsford had a boy of ten who was wise with the cunning of the woods and trustworthy in lending a hand in the feuds to which he was born. This boy, in playing about the Jones household, was instructed to pick up every piece of pasteboard box he could find and bring those pieces home. Likewise was he to measure the shoes of the Jones household, when an opportunity offered, and tie knots in a string to indicate their length.
It was a week before this task had been completed by the boy, but the results indicated that the foot of a certain pair of shoes in the Jones home was like unto that of the man of the sawed-off shotgun. Scraps of cut-up shoe boxes had been found, white on one side and brown on the other, and from these had evidently been made wads for reloading shells.
Thus far was Special Agent Gard able to carry his case toward a solution. There were twenty men in the neighborhood who might have been implicated with Jones, if he were guilty, in this attempt and in the killing of Tom Reynolds. There were twenty and more makers of moonshine who had been reported or stood in danger. It was hard to determine which of the twenty were actually guilty. The suspicions against Jones were not evidence. After a month on the case Gard decided that a complete solution of the mystery was possible only through working in with the moonshiners themselves and gaining their confidence.
So the summer boarder left the Tenney farm, stating that his health was greatly improved but that he would come back two months later for another stay.
A week after this there was nailed up at every post office and court house within a hundred miles of Wheeler a notice of reward for an escaped convict. A short, stout, curly-headed young outlaw had broken jail in South Carolina and when last heard of was bearing in this direction. Fifty dollars reward would be paid for his capture. His picture appeared with the notice.
After still another week the Jones children were playing in the woods back of their house when a strange man called them from a distance. The youngsters approached cautiously. The man was no less cautious. He was a short curly-headed young fellow with a stubby beard, with his clothing in shreds and very dirty. He looked as though he had slept in the woods for a month. There were stripes across an under garment that showed through his open shirt.
"Do you suppose," said the man of rags, "that your maw could stake a hungry man to six or seven dollars' worth of bread and bacon and wait for remuneration until the executors of his estate act?"
"Yuh don't mean yuh want somethin' to eat, do yuh?" said young Lem Jones.
"Son," said the curly-headed one, "your instincts are clairvoyant. You have demonstrated a hypothesis, confirmed a rumor, hit upon a great truth, sleuthed a primal fact to its lair. The plain truth is that I haven't had anything to eat in so long that I have forgotten my last meal. I am the hungriest man in the world. I could eat tacks with a spoon."
"Come on," said Lem, a bit dizzy with the unusual words, but anxious to please.
He led the way to the house where Mrs. Jones met the hungry man at the door.
"Madam," said the hungry one most courteously, "I am needing a little something to eat. I have been lost in the woods and without food."
"What are they after you for, young feller?" inquired Mrs. Jones incisively, she who had spent a life in those mountains where the sympathy was all with the man whose hand was turned against authority and where many fugitives from the law had found refuge.
"Have you found me out so soon?" grinned the fugitive. "Well, if I must tell I will say that I just knocked a hole in a jail down South Carolina way, cracked the heads of a couple of armed guards together, robbed the city marshal of his horse, outran the sheriff's posse, swam the Elb river where ford there was none, and lived on a diet of blackberries for seven days. Back of that there was the little matter of cracking a safe. Other than that I assure you my conduct has been of the best."
So engaging was the manner of this young man of the rags from the great world beyond the mountains that Mrs. Jones immediately liked him. He was a perfect cataract of words and talked incessantly. She was not able to understand half he said but was pleased with all of it. He ran on glibly but always stopped short of being smart in the sense that would call forth dislike. All the time he was eating corn bread and bacon with the relish of one who has long omitted the formality of dining.
Such was the introduction of Special Agent A. Spaulding Dowling into the Cumberlands, he who played the cadet in white slave cases, the wild young man about town in the bucket shop investigations, and made love to a bank cashier's daughter to learn where the loot was hidden. For all these situations Dowling had a stream of talk that never failed to amuse and disarm. Billy Gard had asked the department for his help on the moonshiners' case and Dowling had fallen into the plan with all the enthusiasm of adventurous youth.
The features of the jail breaker for whom the reward was offered were those of Dowling. So had preparation been made for his coming. Gard had laid his plans with an understanding of the habits of the mountaineer to hide the fugitive. He had figured that such a fugitive might get into the confidence of those iron men of few words and filch from them their secrets. With the right culprits behind the bars the backbone of this defiance of the law might be broken.
Dowling's stream of talk won the friendship of Ty Jones and his sons as it had won his wife. The fugitive was tucked away in the hills and fed by the mountaineers. He came to know the intimates of the Jones family and his stream of talk entertained them for days and weeks. He hibernated with others of his kind for he found the hills full of men in hiding. He became a visitor at many a cabin and eventually struck the rock that responded to his confidence.
A young mountaineer named Ed Hill maintained an active still high up in the mountains-a virgin still that had never known the desecration of a raid. Hill was high spirited and companionable, unlike most of his neighbors. His was the soul of a poet, a lover of the wilds, a patriot of the mountains. The flame of adventure, the love of danger, the belief in the individual rights of the mountaineer, made him a moving spirit among the men who battled the government.
Ed Hill told the fugitive the whole story of the killing of Tom Reynolds and the shooting of Sam Lunsford. He told of the determination to rid the mountains of Todd, the livery stable man, and to preserve for the men of the Cumberlands the right to do as they chose in their own retreats.
It seemed that of all the men of the mountains who made moonshine whisky, there were but four who were willing to go the limit of spilling the blood of their fellows in resisting the law. Hill was one of these and saw his acts as those of the man who fights for his country. Ty Jones, contrary to the suspicions of Sam Lunsford, always advised against violence. But Jones had a boy of eighteen, a heavy-faced, dull-witted lad, who was possessed of the desire to kill, to be known among his fellows as a bad man. This younger Jones it was who had aimed his father's sawed-off shotgun at Sam Lunsford as that hulking figure of a man swayed back and forth as he rocked the baby that suffered from colic. The patriot Hill, Will Jones the born murderer, a father and son by the name of Hinton, had been the murderers of Tom Reynolds. There were no others who would go so far as to kill to avenge their fancied grievances.
The summer was dragging to its close as the conversational special agent got his information together. The yellow was stealing into the trees of the hillsides when Billy Gard, he whose health had been broken behind the ribbon counter, came back to Tenney's for another few weeks in the open. He wandered into the woods and met the fugitive from the South Carolina jail. The jail bird and the ribbon counter clerk talked long together and when they parted the plans were laid for the nipping off of the men who would murder for their stills.
It was a week later and the quiet of after-midnight rested upon the little mountain town of Wheeler. In such towns there are no all-night industries, no street cars to drone through deserted thoroughfares, not even an arc light to sputter at street crossings. There is but the occasional stamping of a horse in its stall or the baying of a watch dog in answer to the howl of a wolf on the hillside. But murder was planned to take place that night in Wheeler and A. Spaulding Dowling knew all about it.
As the town slept four stealthy figures crept down the trail that cuts across the point of the Hunchback. Soft-footedly, rifles in hand, they passed down a side street beneath the dense shade of giant sycamores. It was but three blocks from the woods to Main street. Reaching this artery of the town, two of the men crouched in the shadow while two others crossed the street and went a block further, turning to the left. Each group then shifted itself a hundred feet to the left and paused again.
So stationed the four men found themselves in front and back of Todd's livery stable. The building itself sat back a little from the street. On the ground floor were the stalls for the horses and the sheds where the wagons were stored. Overhead were bins of corn and hay and a living room where Todd slept that he might always be near his teams. About the whole was a roomy barnyard enclosed by a high board fence. The gates to the outer enclosure were locked, but once past this wall a man would have the run of the whole place.
The mountaineers, two in front and two in the rear of the building, swung themselves to the top of the fence and leaped to the ground inside. Rifles at hip they started to close in on the building. Each party entered at opposite ends of the corridor down the middle through which a wagon might drive. Nothing interfered with their progress and no sound was heard except a sleeping horse occasionally changing feet on the board floor of his stall. Stealthily the four figures gathered in a cluster and turned up the steep stairway that led to the sleeping room of Todd. With every rifle ready for action they pushed open the door. The moon coming in at a window disclosed what seemed to be a sleeping form in the bed. Deliberately the four rifles came to bear upon it. There was a pause and then from the leader came the order:
"Fire!"
Every finger pressed the trigger of its rifle. Every hammer came down on its cap. But no report followed. Not a gun had been discharged.
"Come on out in the open, you sneakin' cowards," came a clamorous voice from the barnyard that was recognized as being that of Todd. "Come out in the lot and I'll larrup you all."
The men in the room looked puzzled, one at the other, and then at the form on the bed. They approached the latter and found it to be but a dummy to represent Todd. They had been trapped. They would fight their way out.
The mountaineers charged down the stairway. As they came into the moonlight at the opening of the barn they faced the tall form of a man they knew well, the United States marshal of the district. With no gun in his hands the marshal raised his hands on high.
"Listen, men," he commanded. "A parley. You are trapped. There are armed men at every corner of this building and every man who runs out of it will be shot dead. Your powder has been wet and none of you can fire a shot. You can't fight armed men. There is but one thing for you to do and that is to surrender."
In the parley that followed the marshal asked each man to try his gun to see if it could be fired. None would respond. The mountaineers found themselves caught in the very act of attempting to kill Todd, whom they had often threatened. They had been duped and trapped.
So had these young detectives of the new school worked out a most difficult case and one which later proved, in the courts, to be effective, for every man arrested is now serving a long term in prison and the backbone of the defiance of law in this region is broken.
"Mr. Summer Boarder," said the curly-haired Dowling, "it is back to the ribbon counter for you. Your little vacation is over. But I will say that you have shown remarkable intelligence in this matter. You called me in to help you. Little drops of water put in just the right place saved all your lives. These mountaineers would have eaten you up if I hadn't fixed their ammunition. Please thank me-"
"Easy, Windy One, easy," interjected Gard. "Kiss the hand of the man who lent you the brains to do it with."
* * *
Chapter 1 THE CONSCIENCE OF THE CUMBERLANDS
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Chapter 2 THE BANK WRECKER
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Chapter 3 A FIASCO IN FIREARMS
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Chapter 4 THE SUGAR SAMPLERS
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Chapter 5 THE PSYCHOLOGICAL SLEUTH
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Chapter 6 ROPING THE SMUGGLERS OF JAMAICA
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Chapter 7 A BANK CASE FROM THE OUTSIDE
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Chapter 8 BEHIND CUSTOMS SCREENS
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Chapter 9 WITH THE REVOLUTION MAKERS
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Chapter 10 THE ELUSIVE FUGITIVE
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Chapter 11 THE BANK BOOKKEEPER
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Chapter 12 PUTTING UP THE MASTER BLUFF
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