Chance, though, spoiled their strategy and made these terms of primitive dueling more equal. Mark how: The woman in the sorghum patch saw it happen. She saw the wagon pass her and saw it brought to a standstill just beyond where she was; saw Jess Tatum slide stealthily down from under the overhanging hood of the wagon and, sheltered behind it, draw a revolver and cock it, all the while peeping out, searching the front and the nearer side of the gristmill with his eager eyes. She saw Harve Tatum, the elder brother, set the wheel chock and wrap the lines about the sheathed whipstock, and then as he swung off the seat catch a boot heel on the rim of the wagon box and fall to the road with a jar which knocked him cold, for he was a gross and heavy man and struck squarely on his head. With popped eyes she saw Jess throw up his pistol and fire once from his ambush behind the wagon, and then the startled team having snatched the wagon from before him saw him advance into the open toward the mill, shooting again as he advanced.
All now in the same breath and in a jumble of shock and terror she saw Dudley Stackpole emerge into full sight, and standing clear a pace from his doorway return the fire; saw the thudding frantic hoofs of the nigh horse spurn Harve Tatum's body aside the kick broke his right leg, it turned out saw Jess Tatum suddenly halt and stagger back as though jerked by an unseen hand; saw him drop his weapon and straighten again, and with both hands clutched to his throat run forward, head thrown back and feet drumming; heard him give one strange bubbling, strangled scream it was the blood in his throat made this outcry sound thus and saw him fall on his face, twitching and heaving, not thirty feet from where Dudley Stackpole stood, his pistol upraised and ready for more firing.
As to how many shots, all told, were fired the woman never could say with certainty. There might have been four or five or six, or even seven, she thought. After the opening shot they rang together in almost a continuous volley, she said. Three empty chambers in Tatum's gun and two in Stackpole's seemed conclusive evidence to the sheriff and the coroner that night and to the coroner's jurors next day that five shots had been fired.
On one point, though, for all her fright, the woman was positive, and to this she stuck in the face of questions and cross-questions. After Tatum stopped as though jolted to a standstill, and dropped his weapon, Stackpole flung the barrel of his revolver upward and did not again offer to fire, either as his disarmed and stricken enemy advanced upon him or after he had fallen. As she put it, he stood there like a man frozen stiff.
Having seen and heard this much, the witness, now all possible peril for her was passed, suddenly became mad with fear. She ran into her cabin and scrouged behind the headboard of a bed. When at length she timorously withdrew from hiding and came trembling forth, already persons out of the neighborhood, drawn by the sounds of the fusillade, were hurrying up. They seemed to spring, as it were, out of the ground. Into the mill these newcomers carried the two Tatums, Jess being stone-dead and Harve still senseless, with a leg dangling where the bones were snapped below the knee, and a great cut in his scalp; and they laid the two of them side by side on the floor in the gritty dust of the meal tailings and the flour grindings. This done, some ran to harness and hitch and to go to fetch doctors and law officers, spreading the news as they went; and some stayed on to work over Harve Tatum and to give such comfort as they might to Dudley Stackpole, he sitting dumb in his little, cluttered office awaiting the coming of constable or sheriff or deputy so that he might surrender himself into custody.
While they waited and while they worked to bring Harve Tatum back to his senses, the men marveled at two amazing things. The first wonder was that Jess Tatum, finished marksman as he was, and the main instigator and central figure of sundry violent encounters in the past, should have failed to hit the mark at which he fired with his first shot or with his second or with his third; and the second, a still greater wonder, was that Dudley Stackpole, who perhaps never in his life had had for a target a living thing, should have sped a bullet so squarely into the heart of his victim at twenty yards or more. The first phenomenon might perhaps be explained, they agreed, on the hypothesis that the mishap to his brother coming at the very moment of the fight's beginning, unnerved Jess and threw him out of stride, so to speak. But the second was not in anywise to be explained excepting on the theory of sheer chance. The fact remained that it was so, and the fact remained that it was strange.
By form of law Dudley Stackpole spent two days under arrest; but this was a form, a legal fiction only. Actually he was at liberty from the time he reached the courthouse that night, riding in the sheriff's buggy with the sheriff and carrying poised on his knees a lighted lantern. Afterwards it was to be recalled that when, alongside the sheriff, he came out of his mill technically a prisoner he carried in his hand this lantern, all trimmed of wick and burning, and that he held fast to it through the six-mile ride to town. Afterwards, too, the circumstance was to be coupled with multiplying circumstances to establish a state of facts; but at the moment, in the excited state of mind of those present, it passed unremarked and almost unnoticed. And he still held it in his hand when, having been released under nominal bond and attended by certain sympathizing friends, he walked across town from the county building to his home on Clay Street. That fact, too, was subsequently remembered and added to other details to make a finished sum of deductive reasoning.
Already it was a foregone conclusion that the finding at the coroner's inquest, to be held the next day, would absolve him; foregone, also, that no prosecutor would press for his arraignment on charges and that no grand jury would indict. So, soon all the evidence in hand was conclusively on his side. He had been forced into a fight not of his own choosing; an effort, which had failed, had been made to take him unfairly from behind; he had fired in self-defense after having first been fired upon; save for a quirk of fate operating in his favor, he should have faced odds of two deadly antagonists instead of facing one. What else then than his prompt and honorable discharge? And to top all, the popular verdict was that the killing off of Jess Tatum was so much good riddance of so much sorry rubbish; a pity, though, Harve had escaped his just deserts.
Helpless for the time being, and in the estimation of his fellows even more thoroughly discredited than he had been before, Harve Tatum here vanishes out of our recital. So, too, does Jeffrey Stackpole, heretofore mentioned once by name, for within a week he was dead of the same heart attack which had kept him out of the fight at Cache Creek. The rest of the narrative largely appertains to the one conspicuous survivor, this Dudley Stackpole already described.
Tradition ever afterwards had it that on the night of the killing he slept if he slept at all in the full-lighted room of a house which was all aglare with lights from cellar to roof line. From its every opening the house blazed as for a celebration. At the first, so the tale of it ran, people were of two different minds to account for this. This one rather thought Stackpole feared punitive reprisals under cover of night by vengeful kinsmen of the Tatums, they being, root and branch, sprout and limb, a belligerent and an ill-conditioned breed. That one suggested that maybe he took this method of letting all and sundry know he felt no regret for having gunned the life out of a dangerous brawler; that perhaps thereby he sought to advertise his satisfaction at the outcome of that day's affair. But this latter theory was not to be credited. For so sensitive and so well-disposed a man as Dudley Stackpole to joy in his own deadly act, however justifiable in the sight of law and man that act might have been why, the bare notion of it was preposterous! The repute and the prior conduct of the man robbed the suggestion of all plausibility. And then soon, when night after night the lights still flared in his house, and when on top of this evidence accumulated to confirm a belief already crystallizing in the public mind, the town came to sense the truth, which was that Mr. Dudley Stackpole now feared the dark as a timid child might fear it. It was not authentically chronicled that he confessed his fears to any living creature. But his fellow townsmen knew the state of his mind as though he had shouted of it from the housetops. They had heard, most of them, of such cases before. They agreed among themselves that he shunned darkness because he feared that out of that darkness might return the vision of his deed, bloodied and shocking and hideous. And they were right. He did so fear, and he feared mightily, constantly and unendingly.