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The Code of the Mountains

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But buried deep in the forestry of the tangled hills, far back from a railroad stood a group of buildings that seemed miracle-reared. They were stanch buildings of square-hewn logs, which in contrast to the ramshackle huts about them appeared to have been lifted from another world and transported on the winds of some benevolent cyclone. It was difficult to think of these houses as having been raised from solid foundation to level ridgepole so far from the facilities of transportation. Yet here in the wilderness stood the "college."

It was no vaunting boastfulness that had inspired the almost fanatical men and women who stood as sponsors for the enterprise to give so high-sounding a name to the institution which taught kindergarten and primary classes. Some day, they hoped, it might grow up to its title, and meanwhile there were gray-beards and wrinkled women who sought to study primer and multiplication-table, but whose pride would bar them from advantages undignified by the name of college.

On the spring morning when Newt Spooner was trudging homeward, Doctor Murray, who had slowly and courageously turned his dream into a reality, sat in the study of the college. There was a smile on his lips, and the square-jawed face, which escaped all trace of the pedagogic, was contented. The sun streamed in through his windows and lighted a room finished in wainscoting of oak and maple – sawed at the mill, which was part of the institution and which he could see from his window, when he looked down.

Above, when he cast his eyes in that direction through another window, nestled the small hospital, where barbaric methods of local surgery were being altered. But, best of all, there came to his ears laughter and shouts from the trim campus where boys and girls were at play: boys and girls who until they had come here, had known little about laughter and much about drudgery. And every peal of mirth was a challenge to the old order of hatred and the ancient thraldom of sullenness.

A girl came into the room and laid some papers on his desk, and the doctor nodded at her with a smile.

"Minerva," he said, "I'm afraid you are working too hard. One doesn't have to learn everything at once, you know."

The pupil flushed and stood for a moment silent. She was straight and lithe, and under the blue calico dress that was turned down at her neck, her throat was brown with a tan through which a petal-like color glowed. Her brown hair glistened with the glint of polished mahogany, and her eyes struck the doctor as eyes meant for mirth, though they had hardly learned to laugh. The deadly seriousness of the hills and the Calvinistic seriousness that makes martyrs, seemed to hold in bondage a spirit that nature had intended to radiate gaiety. Her fingers drew themselves together into fists, and after a moment she spoke slowly, and her speech was a strange blending of the illiterate argot of the hills and a conscious effort to speak in the phrases dictated by the education which she coveted.

"I reckon ye don't hardly know how much I've got to learn," she said. "I reckon ye don't realize how plumb ign'rant I am."

Suddenly her voice became passionate.

"Maybe ye don't know how I hate it all – how I want to get away from ign'rance an' dirt an' wickedness. I've been wonderin' if I didn't err in comin' here. It's just makin' me hate that cabin over yon – I mean over there – on Troublesome. Sometimes I think it can't hardly do nothin' – do anything – but make me dissatisfied."

The head of the school looked up, and his face grew grave.

"There are times," he said, "when that thought comes to me, too. I don't mean as to you, Minerva, alone, but as to all those we take here and teach. At first it was all a dream of bringing a light to a place that was dark. That was the only phase I saw. But later I saw more. One can't make a dream a reality without struggle. Dissatisfaction is the price we must pay for regeneration – and people like you and myself must be among the first to pay it."

"Over there," she went on, as though talking to herself, "they only hates me for it. They says I'm stuck on myself an' that what's been good enough for my folks for all time ain't good enough for me no more – I mean any more."

"It takes time," the man reassured her. "In the place of ignorance, we offer education. In the place of lawlessness, we offer law. In the place of squalor, we offer thrift. Are those things not worth what they cost?"

The girl stood silent for a moment, then nodded her head.

"I reckon so," she answered simply, and turned to leave the library. After she had gone, the teacher sat for a time with his book open before him, but his eyes were contemplative, and it was from memory and not from the printed page that he was reading.

He was thinking back and seeing over again a day shortly after his school had opened. In those times there had been fewer buildings, and of the many pupils who came, hungry to learn, only a few could be taken in. Among the first had been Minerva.

She had come exhausted and tired because she had come on foot, and her mean calico dress had been briar-torn, and her feet, which were bare, had been bruised. But in her eyes was gleaming a passion of hunger and resolve for the food which the school offered the mind. She had presented herself, a ragged little mendicant asking the alms of education, carrying what belongings she had in such a bundle as tramps carry.

Back in her unlighted and windowless cabin, she had heard of this "new-fangled" institution where was to be dispensed the pabulum of "larnin'" – and she had made her pilgrimage. Now Doctor Murray was recalling that day. He had been down by the stile which gave entrance from the creek-bed road, when he had seen the slight figure trudging along, and the girl had stopped and eyed him shyly.

"Air ye the feller frum down below what aims ter give folks larnin'?" she had demanded, as her large eyes held his with a tense directness, untinged by any humor.

"To give folks learning is a large contract," he had answered with a quizzical smile; "but we hope to give to as many as we can, at least its rudiments."

"What's them?"

"The start. Have you ever been to school at all?"

"I've done been ter the blab-school. I kin read an' write an' figger."

Dr. Murray had stood there looking at her, and it had come to him that she made a very pathetic picture, with the yearning in her eyes and the dust of travel on her calico, so he denied her with a heavy heart.

"Just now," he said regretfully, "we can only take in a few pupils and we are already over-crowded. I'm afraid we can't make room for you." Suddenly he added, "How far have you come?"

"The rise of twenty mile, sence sun-up," she informed him simply, then tears welled rebelliously into her eyes. Her voice broke from her lips with a fierce passionateness.

"Ye've got ter take me," she cried out. "Ye've jest simply got ter take me. I've done been prayin' ter God Almighty ter give me a chanst. I've done heerd that ye war a preacher of ther Gospel, an' I reckon God hain't a-goin' ter suffer ye ter turn me away."

Doctor Murray had then been new to the hills. The storm-like intensity of the mountain character was bringing him its revelations. He stood there by the road, watching the ox-teams that were bringing logs in to his saw-mill and made rapid calculations and as he did so he heard the new candidate for matriculation rushing on:

"Ther Scripters says thet God's servant won't turn away sich as comes to him seeking light – an' I've done come."

"At all events," he answered gently, "come up and have something to eat, and I'll talk it over with my wife."

Mrs. Murray had spent a half-hour with the girl, and then had come back to her husband.

"She is as wild as a squirrel," was her announcement, "but I have never seen such a starving heart or brain. I don't know what we shall do with her, but we must let her stay." And so Minerva had stayed.

Now she went out of the library, and made her way to a favorite spot up on the hillside. It was a study hour, and she carried a book with her. The time she had spent here had wrought a transformation. The brain had unfolded and the heart had become unplaced. The terms of this school adapted themselves to the needs of the environment. They did not conflict with the nearer demands of farm work, but accommodated themselves to necessity. When the frequent vacations came, Minerva went back to the cabin which she called her home. Each of these visits she dreaded.

Mountain reserve is hard to break. Even in her tempestuous appeal to the head of the school, she had not told her full story. Now she was thinking of it.

Mountain women grow old while they are yet young, but her mother had seemed to her different. Mountain women are grave with a gravity which is more than half sullen, but she remembered a mother who had laughed and whose voice had been often raised in song. Then when she was still very small, she remembered one of those rude mountain funerals where those who come raise their voices in a weird incantation of "mourning," which they leave off for gossip as soon as the period set aside for the clamor comes to its end. After that she had been motherless and had kept house for a shiftless and surly father. That house-keeping had been simple enough in the shack of one room, but it had been unrelieved drudgery, and because she was one of those human beings who are less near of kinship to the members of the family with whom they live than with some far-off ancestor whose nature is strangely duplicated, Minerva had always had longings for things which were to her undefined dreams. Her nature had always been in insurrection against the squalid facts of her life. Her inclinations and thoughts struck back, by one of Nature's practical jokes, to some woman who had been a lady in the courtly life of Virginia a century, or maybe two centuries, ago, before her ancestors became stranded pioneers and lapsed into illiteracy, degeneracy and venal sloth here in the hard hills. What this all meant she had not known, but she knew that one memory alone was sweet to her thoughts, and that that was the memory of her mother. She knew, too, that even before they had taught her at the college how perverted it all was, this whole scheme of mountain feudalism and black ignorance and bitterness had seemed to her wrong and repugnant. Something had told her that somewhere there must be something different and that somehow she must find it and weave it into the pattern of her life. Of these things she had thought as she sat in the summer evenings on the slab bench before the cabin door. In summer there was a great pine, which, just after twilight had faded into velvet blackness in the sky, pointed an index upward beyond the valley; and over it, before the other stars came out there always appeared a tiny point of light, which she chose to call her star. Somehow, it seemed that in some vague future day that star would lead her.

 

She was often alone, for her father would leave her there and go his own ways, but a day came when he returned and began throwing his few possessions into a bundle.

"M'nervy," he said with a sullen sort of embarrassment, "I reckon thar's times when ye gits right-smart lonesome way up hyar, hain't thar?"

A catch had come into her voice as she said:

"Right often, Pappy."

He nodded, then added abruptly:

"Waal, we're ergwine ter nail up thet door ternight an' quit this-hyar place."

"Whar air we a-goin' ter?"

"I done got myarried terday," he announced. "I reckon we'll go down an' dwell with my wife's folks."

The sun was nearing the western peaks and the afternoon was well spent. The girl had had no intimation in advance of this contemplated change of order. She stood there stunned. Life had been empty enough, but here at least she had been in a fashion mistress of the wretched house, and here she had had her pine tree and her star, which were the emblems of her dreams.

A long, low moan escaped her, and her father's face reddened in anger. He turned away and left her, going into the house, and she fled precipitately to the heights above and sobbed out her misery at the roots of the pine to which she was bidding farewell.

Then they had moved, and life had meant fitting herself into a new family, no member of which liked her, and submitting to the shrewish heckling of a step-mother, who seemed to her a hideous libel upon the memory of the woman who had been lucky enough to die young.

Now, as she sat with her book in her lap, because in a few days she must go back to that cabin, the past was parading in review before her eyes, and though she was very hungry for "larnin'" she was neglecting her books.

CHAPTER III

The late convict had wasted his strength. His violent paroxysm of anger had exhausted him more than his laborious tramp. It had sent his temperature up and brought a sickening weakness to his muscles. He wavered as he plodded and once or twice even stumbled to his knees, until at last, with only three-quarters of a mile left, he turned aside to the bank of the roadside and sat down with the sweat of weakness dripping from his face.

It was such a day as must have set poets to making jeweled phrases out of words. The air and skies held that radiance which can make of a Kentucky June morning a miracle of beauty. The horizons were dreamily soft and warm. In the field at Newt Spooner's back a meadow-lark was madly trying to burst his pulsating throat with the flood of golden joy. In Newt Spooner's mind was a somber picture; a picture of the mountains which a few days more would throw across the eastern sky-line, and of a man who lived there and who was to die. He was to die without opportunity to defend himself and without benefit of clergy. It was not to be a fight, but an execution. In the entire mental range of the young man panting by the roadside was no reflex of any other thing than brute bitterness and "pizen meanness."

A buggy and horse rose into view over the crest of the hill. It had only one occupant and the occupant was a girl. She was unlike any woman Newt Spooner had ever known; unlike any of the "gals" back in the mountains. Her lithe figure had all the fresh charm of the sparkling morning and all the spirited quality of the thorough-bred. And just as to Newt Spooner the world held only gall, so to her it held only fragrance and music and starshine – and an abiding faith in men and women.

She was happy because she had not yet discovered any unhappiness and because she was young … and because to-day she would see in Winchester a certain member of the opposite sex in whom her interest was direct and personal. Meantime, June was softly glowing around the whole circle of the sky's embrace and the trees were rustling their fresh greenery and the birds were singing.

She was singing, too, but suddenly she stopped as her eyes fell on the young man by the roadside. Her quick gaze discerned that he was desperately thin and that the color in his face burned only in hectic spots against a chalky pallor. She saw, too, that as he wiped his forehead on his sleeve his forearm and hand trembled. His clothes proclaimed him lately released from the penitentiary, but her ideas on the subject of prisons were vaguely confined to a compassionate regret that they existed. Quite probably had she found him there looking weak and sick even had he worn stripes, she would still have offered him help. She drew the horse to a standstill, and called out cheerfully in a voice as tuneful as the lark over yonder in the field:

"Good-morning. Can't I give you a lift?"

Newt Spooner gazed back at her sullenly and defiantly. The dog that has only been kicked distrusts the hand thrust out in kindness. It is unknown to his experience.

"Naw," he declined, with as surly an utterance as possible.

The girl flushed and her lips tightened. She flung back her head with a gesture that set truant curls tantalizingly astir and flapped the reins on the horse's back, but in quick afterthought she drew him down again. This boy's rudeness did not alter the fact that he was sick. He looked like a mountaineer and could hardly be expected to measure up to the bluegrass requirements of courtesy.

"You're about as polite as – as a mud-turtle," she calmly informed the traveler, holding his eyes with an unflinching gaze, before which they shamefacedly drooped; "but that doesn't make any difference. I'm going into Winchester, and you don't look very well. Hadn't you better get in and ride to town?"

The boy from Troublesome stared his incredulity. She seemed to him a marvelous sort of being. Her simple dress was to his eyes extravagantly elegant and her patrician delicacy of feature belonged to an order which neither the drudgery of the hills nor that of the state prison had given him opportunity to study.

"I reckon," he said slowly and diffidently, but no longer with a note of bitterness, "hit hain't wuth while to pester ye."

"That's all right," she commanded. "Climb in." Slowly he rose and obeyed, the whiskey-flask protruding from his coat-pocket, and when they had gone a quarter of a mile, Newt made his sole voluntary contribution to the conversation.

"I'm obleeged ter ye," he said.

She did not question him unduly, nor ply him with conversation, but she smiled, and in some subtle fashion there broke through the storm-wrack of the boy's bitterness a thin ray of light and glow of graciousness. She let him out at the court-house square, where buggies stood in rows and traders jostled and the auctioneer's shout resounded, and there he lost himself in the crowd; but first he stood looking after her until her buggy turned a corner, and then he remembered that she had nodded with a friendly smile of farewell. It was rather wonderful to be treated like a human being.

Newt Spooner wanted food and he wanted it to be cheap, so he foraged up and down Main Street until he came upon that lower section where several shabby eating-houses were sandwiched between equally shabby saloons.

And while he stood on the pavement undecided which way to turn, a hand was laid on his shoulder, and he wheeled, startled, to find himself gazing into the face of his kinsman, Red Newton.

"Come hyar," commanded the older man. "I done heered thet ye was pardoned out, an' I sorter 'lowed ye'd be making tracks fer ther mountings. I wants ter have talk with ye afore ye goes back."

"I aims ter git a snack ter eat," demurred Newt. "I hain't a-goin' ter talk ter no man afore I eats."

The other nodded.

"I knows a place whar we kin eat an' talk, too. Fult Cawsler hes done moved hyar from over on Squabble Creek, an' opened a resteraw. All our folks eats thar."

The youth, who had three days before been Number 813, permitted himself to be led through an uninviting doorway around which stood several gaunt men in mud-spattered clothes. But Red Newton did not suffer him to halt at any of those tables, covered with red oil-cloth, where several taciturn pilgrims from the hills were feeding themselves from the blades of their knives. Instead he whispered something to Fult Cawsler himself, and was permitted to climb a narrow stairway at the back. At its head they traversed a narrow hall and came into a separate room where around a private table were seated a group of men whom the boy knew. Old Jason Dode was, as usual, tipsy and, even as the new-comers entered, was tilting the bottle of "red licker" which he unwillingly substituted for the white and sweetish moonshine of his native stills. But the important thing was that Black Pete Spooner stood gazing out of the open window, though he stood back far enough to escape the eyes of passers-by below. His hands were thrust deep in his pockets and on his face was the same expression that always sat there. Few people passed Black Pete by without turning to look again. He stood somewhat upward of six feet and his broad shoulders tapered to a gauntness of waist and leg which gave him the suggestion of a timber wedge. He was as tough as that lumberman's implement and wedgelike, too, in his power of disrupting the dividing elements which, but for him, might have hung together in harmony.

His dark head he carried high-flung with a swing of independence, and that head, even more than the physique, caught and challenged attention.

Black Pete's face was rather narrow and rather long, but its brow was high, its nose strong and regular, and its chin had that square-blocked declaration of resoluteness which commands respect. Under brows black and bushy gazed out eyes that were the dominating feature. They were as clear and penetrating as crystal lenses, and in them dwelt a sober, almost sad contemplativeness as though the brain behind them were habitually gazing off beyond horizons that limited other visions. They were eyes that seemed able to pierce the opaque things of life. The hair curled crisply in glistening black, about the forehead and neck, and over the firm mouth a black mustache fell drooping in long ends. It was a face that hinted at no violence, though at great strength and determination. Rather was it suggestive of melancholy thought, and it had won for him the satiric title of the "Deacon."

As Red Newton and Newt Spooner came into the room, Black Pete turned his glance for a moment upon them, then wheeled again to the window with no apparent interest in their presence or existence. His face remained as wistfully distracted as though he were a minister preparing a discourse, on a text which lay very near his heart. But Newt, having seen him, continued to stare. His eyes narrowed. He knew that several years ago, before he had himself become a felon, the Deacon had gone West – where he did not know. But he did know that only so long as this man remained away from the county could there be hope of even comparative peace between the Spooners and the Falkinses. So dreaded was the quiet-visaged intriguer, so unalterably given to violence and the taking of lives, that his exile had been the condition precedent to all negotiations for truces and peace. Now Black Pete was back. Obviously, the meeting in Cawsler's "resteraw," seventy miles from home, held some portent beyond the casual.

They brought the newest prodigal food, and, while he devoured it, bolting it with wolfish hunger, he also picked up the loose ends of talk and began to understand the situation. There had been an election down in his section since Newt's conviction – an election and some other things, which Red Newton briefly summarized as "merry hell." The "penitentiarying" of Newt himself had been only the inaugural of more sweeping and hateful innovations. Three times the old blood-feud had broken into sporadic outbursts, and three men had been shot. But what most galled was the fact that the commonwealth's attorney had shown a hound-like nose for evidence and that all of the accused clansmen had been viciously prosecuted.

 

A truce had been patched, by the terms of which Jake Falerin, a cousin of McAllister Falkins and the leader of the militant Falkinses, had agreed to leave the hills and remove the menace of his disturbing influence. He had gone only as far as Winchester, and, from councils held there with visiting Falkinses, was as dangerous as though he had remained at home, even while his own life was safer. The Spooners had decided that this half-compliance was a practical breach of the truce, and in accordance with that theory the Deacon had come home. At least, he had come this far. In the meanwhile, the Honorable Cale Floyd, commonwealth's attorney, had reaped the gratitude of his constituency. Because he had waged relentless war on lawlessness and had begun to show incipient symptoms of victory, he was defeated for reëlection. Sick of the futility of such endeavor, he had closed the bare law-office before which his shingle had swung in Jackson, and had come to Winchester, where the field was larger and where men were more appreciative of the qualities and principles for which he stood. He was the man who had put stripes on Newt, and who, had he remained in office long enough, would have made the pattern a family apparel for other Spooners.

"That's how things stands, Newt," summarized Red, turning to the new arrival, "an' that's what I 'lowed ye'd better know about afore ye went back home."

"An' them damned fellers, Jake Falerin an' Cale Floyd, is a settin' over thar somewhars in this-hyar town right now, a-brewin' of more deviltry," enlightened old Jason Dode in a hiccupy voice, "an' because they hain't in the mountings, they 'lows they kin go right on with hit. We don't 'low they kin."

The "Deacon" turned from the window, and strolled toward the table. Newt, having appeased his hunger, was wiping his mouth on the spotted tablecloth. The dark giant fixed him with thoughtful eyes. When he spoke, his voice was in contrast with those of his fellows, for his life in the West had almost freed it from drawl and vernacular, and he spoke with a quiet graveness.

"Son, this Cale Floyd is the same lawyer that sent you to prison."

Newt's eyes flashed.

"I reckon I hain't fergot thet," he said shortly.

Black Pete nodded sympathetically, and went on with the same grave intonation.

"I reckon you wouldn't mind much if he got his dues?"

"He's ergwine ter git his'n," asserted old Jason, his bloodshot eyes wickedly aflare. "He's ergwine ter git his'n this day afore sundown. An' Jake Falerin's ergwine ter git his'n, too. Them two fellers'll be in hell ternight."

"Shut the old fool up," suggested the Deacon passively; "he'll be shouting that out in the street after one more swig of liquor." Then he turned to Newt again.

"If Floyd isn't taken care of, son, the next commonwealth's attorney will follow right after him. We've got to give a lesson an' a warning. Do you understand?"

"I reckon I do," replied the ex-convict, but he spoke without ardor.

"This evenin' about half-past four o'clock," proceeded Black Pete, "Mister Lawyer Floyd is going to make a speech in front of the court-house. There'll be a crowd, and we figure that Falerin will be there, too. Our boys will get up close. Some of them will start a fight amongst themselves, and I reckon they'll pull guns. Mr. Floyd an' Mr. Falerin are apt to get accidentally shot."

Newt Spooner rose, and stretched his arms. His food and rest had refreshed him, and the red spots had gone out of his cheeks.

"What for," he inquired coolly, "air ye a-tellin' me all this-hyar business?"

The Deacon's grave eyes clouded, but otherwise his expression did not change.

"We figured you'd be interested, son. You were the first Spooner they ever put behind penitentiary bars. This man did it. We figured that when we came to punish these fellers – " He broke off with a shrug of his shoulders.

"Ye 'lowed ye mout git me ter kill 'em?" Newt spoke with absolutely no betrayal of interest.

"Jest the lawyer, Newt," interpolated Red Newton ingratiatingly. "He's your'n. Hit's yore right ter punish him."

The late convict wheeled on the speaker, and his face blackened and lowered.

"The hell hit is!" he screamed. "I hain't aholden nothin' 'g'inst ther lawyer. He didn't do nothin' but what he had a license ter do. I knows who I'm atter. You folks wants two men killed, an' you wants me ter be ther feller ter go ter the penitentiary fer doin' hit. What the hell did any of ye do fer me last time? What the hell do I owe any of ye, wuth goin' back thar fer?"

For a moment, a general silence of dazed astonishment followed the outburst. It was the Deacon who broke it at last.

"All right, son," he said almost gently. "Every man accordin' to his lights. I reckon you ain't goin' to tell anybody what you've heard?"

Newt snorted contemptuously.

"I reckon ye knows thar hain't no danger of thet." "Hit 'pears like," interposed Red Newton with an apologetic shrug to the others, "hit 'pears like the penitenshery hes done broke ther boy's sperit. Some folks is thet-away, but hit don't hardly seem like no Spooner."

Newt wheeled on him.

"Thet's a low-down lie," he stormed. "Nothin' hain't broke my sperit. I hain't scairt of them, ner of you, ner of hell! I knows what I'm atter. Thar's a feller I'm ergwine ter kill, but hit hain't this one. I'm tendin' ter my own business? – not your'n. You-all got me inter one killin', an' not a blame one of ye stood by me atterwards. Now all of ye kin go ter hell!"

He glared around the group for a moment and left the house, and no one made an effort to stop him. Newt meant to take up his journey within an hour or two. He, too, had a vengeance planned, but the man he sought was back there in the mountains, and there was no use in "foolin' away time an' money here."

Yet an hour later he walked past the court-house and the large hotel just beyond it, and abruptly, opposite the hotel door, he halted. He had seen a buggy drive up and stop, and in the buggy was the girl who had brought him to town. He had forgotten her, but now he paused across the street and stood gazing. He gazed simply because she was the first living soul who had ever been kind or gracious to him, and, precisely as the blind man may feel the sunlight and know that it is pleasant, he glowed dumbly under the remembrance of her smile.

Then as he stood looking, a young man came out of the hotel with his hat lifted and his face smiling. In his eyes was an expression easy to read, an eager, glad welcome as he crossed the pavement with extended hand and climbed into the buggy beside the girl. The young man was well dressed and bore himself like a gentleman, yet he was a mountaineer by parentage and birth.

Newt's posture stiffened into rigidity. The color left his face and his eyes began to burn balefully… He had just recognized Henry Falkins.

For an instant, the erstwhile convict stood paralyzed with astonishment, then the blood in his arteries began pounding a fanfare of triumph. Wheeling, he went rapidly toward the restaurant of Mr. Cawsler. There he would find some of the clansmen, and one of them could lend him a pistol. If they refused, he would ravish a weapon from them with his bare hands. After that, if they let him have ten minutes for his own, he would join them in any schemes, conspiracies or crimes that interested them. For him, ten minutes would be sufficient. His walk broke into a trot at which the passers-by laughed. A yokel in a hurry is always amusing.