This Box Is A Wretched Residence, Month
After Month, While Awaiting Trial.
We learned on inquiry that it is practically impossible to get a jury
to convict of murder in this region, and that these admitted felons
would undoubtedly escape.
We even heard that juries were purchasable
here, and that a man's success in court depended upon the length of
his purse. This is such an unheard-of thing that we refused to
credit it. When the Friend attempted to arouse the indignation of
the Professor about the barbarity of this jail, the latter defended
it on the ground that as confinement was the only punishment that
murderers were likely to receive in this region, it was well to make
their detention disagreeable to them. But the Friend did not like
this wild-beast cage for men, and could only exclaim,
"Oh, murder! what crimes are done in thy name."
If the comrades wished an adventure, they had a small one, more
interesting to them than to the public, the morning they left
Bakersville to ride to Burnsville, which sets itself up as the
capital of Yancey. The way for the first three miles lay down a
small creek and in a valley fairly settled, the houses, a store, and
a grist-mill giving evidence of the new enterprise of the region.
When Toe River was reached, there was a choice of routes. We might
ford the Toe at that point, where the river was wide, but shallow,
and the crossing safe, and climb over the mountain by a rough but
sightly road, or descend the stream by a better road and ford the
river at a place rather dangerous to those unfamiliar with it. The
danger attracted us, but we promptly chose the hill road on account
of the views, for we were weary of the limited valley prospects.
The Toe River, even here, where it bears westward, is a very
respectable stream in size, and not to be trifled with after a
shower. It gradually turns northward, and, joining the Nollechucky,
becomes part of the Tennessee system. We crossed it by a long,
diagonal ford, slipping and sliding about on the round stones, and
began the ascent of a steep hill. The sun beat down unmercifully,
the way was stony, and the horses did not relish the weary climbing.
The Professor, who led the way, not for the sake of leadership, but
to be the discoverer of laden blackberry bushes, which began to offer
occasional refreshment, discouraged by the inhospitable road and
perhaps oppressed by the moral backwardness of things in general,
cried out:
"Tired with all these, for restful death I cry, -
As, to behold desert a beggar born,
And needy nothing trimm'd in jollity,
And purest faith unhappily foresworn,
And gilded honor shamefully misplaced,
And maiden virtue rudely strumpeted,
And right perfection wrongfully disgraced,
And strength by limping sway disabled,
And art made tongue-tied by authority,
And folly (doctor-like) controlling skill,
And simple truth miscall'd simplicity,
And captive good attending captain ill:
Tired with all these, from these would I be gone,
Save that, to die, I leave my love alone."
In the midst of a lively discussion of this pessimistic view of the
inequalities of life, in which desert and capacity are so often put
at disadvantage by birth in beggarly conditions, and brazen
assumption raises the dust from its chariot wheels for modest merit
to plod along in, the Professor swung himself off his horse to attack
a blackberry bush, and the Friend, representing simple truth, and
desirous of getting a wider prospect, urged his horse up the hill.
At the top he encountered a stranger, on a sorrel horse, with whom he
entered into conversation and extracted all the discouragement the
man had as to the road to Burnsville.
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