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The Roof Tree

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Will Turk did not sleep that night. His thoughts were embattled with the conflict of many emotions, and morning found him hollow-eyed.

In its sum total, this man's use of his power had been unquestionable abuse. Terrorization and the prostitution of law had been its keystone and arch, but he had not yet surrendered his self-respect, because he thought of himself as a strong man charged with responsibility and accountable to his own conscience. Now he remembered the Ken Thornton who had once been almost a brother. Old affections had curdled into wormwood bitterness, but if the woman told the truth, her narration altered all that. Somehow he could feel no resentment at all against her. If she had killed John, she had acted only at the spur of desperation, and she had been feminine weakness revolting against brutal strength. As he pondered his determination wavered and swung to and fro, pendulum fashion. If she were lying – and he would hardly blame her for that, either – he would be her dupe to show mercy and likewise, if she were lying, mercy would be weakness.

Sally Turk rested no more peacefully than he that night, and when in the gray of dawn she looked searchingly into his face across the kitchen table, she could read nothing from the stony emptiness that kept guard over his emotions.

A little later she rode at his saddle skirt in a crucial suffering of suspense, and whenever she cast an agonized glance at him she saw her companion's face staring stiffly ahead, flintily devoid of any self-revelation.

Once she ventured to demand, "Whatever ye decides, Will, will them co'te-house fellers heed ye, does ye reckon?"

For a moment Turk glanced sidewise with narrowed eyes.

"I don't seek ter persuade them fellers," he made brief and pointed reply, "I orders 'em."

At the court house door Will Turk left her with a nod and went direct into the judge's chamber and the Commonwealth's attorney followed him – but of what law was being laid down there, she remained in heart-wracking ignorance.

Beyond the court house doors, plastered with notices of sheriff's sales and tax posters, the county seat simmered with an air of excitement that morning.

Street loungers, waiting for the trial to begin, knew the faces of those who had been neighbours, friendly or hostile, for many years; but to-day there were strangers in town as well.

Soon after daylight these unknown men had arrived, and one could see that they came from a place where life was primitive; for even here, where the breadth of a street was at their disposal, they did not ride abreast but in single file, as men do who are accustomed to threading narrow trails. They were led by a patriarchal fellow with a snowy beard and a face of simple dignity, and behind him came a squat and twisted hunchback who met every inquisitive gaze with a sharp challenge that discouraged staring. Back of these two were more than a dozen others, and though their faces were all quiet and their bearing courteous, rifles lay balanced across their saddle-bows.

But most challenging in interest of all the newcomers was a young woman whose bronzed hair caught the glint of morning sunlight and whose dark eyes were deep and soft like forest pools.

"Ther Kaintuckians," murmured onlookers along the broken sidewalks as that cavalcade dismounted in the court house square to file quietly through the entrance doors, and eyes narrowed in a sinister augury of hostile welcome.

These visitors seated themselves together in a body on one side of the aisle and when the old bell had clanged its summons and Sheriff Beaver sang out his "Oyez, Oyez," the judge looked down upon them with more than passing interest.

From the door at one side of the bench Ken Thornton was brought in and as a gratuitous mark of indignity he came with his wrists manacled.

But from the Kentucky group, even from Dorothy herself, that circumstance wrung no murmur of resentment and the accused stood for a moment before he took his seat with eyes ranging over the place until they came to the section of the dingy room where he encountered the unscowling faces of friends.

There were his supporters who had come so far to raise their voices in his behalf, and perhaps to share the brunt of hatred that had been fired into blazing against him, and there – he felt a surge of emotion under which his face burned – was Dorothy herself!

They had not brought her to the jail to see him, and on the advice of Jim Rowlett she had not signalized her coming by insistence – so their eyes met without prior warning to the man.

It was to Kenneth Thornton as if there were sunlight in one corner of that cobwebbed room with its unwashed windows and its stale smells, and elsewhere hung the murk of little hope. A few staunch friends, at least, he had, but they were friends among enemies, and he steeled himself for facing the stronger forces.

Back of the rostrum where the judge sat squalidly enthroned a line of dusty and cobwebbed volumes tilted tipsily in ironical reminder of the fact that this law-giver took his cue less from their ancient principles than from whispers alien to their spirit.

A shuffling of muddy feet ensued; then a lesser sound that came with the giving out of many breaths; a sound that has no name but which has been known since days when men and women settled back in the circus of the Cæsars and waited for the lions to be turned into the arena where the victims waited.

From the bench was drawled the routine query, "Has the Commonwealth any motions?" and the Commonwealth's attorney rose to his feet and straightened the papers on his desk.

"May it please your Honour," he said, slowly, "in the case of the Commonwealth against Kenneth Thornton, charged with murder, now pending on this docket, I wish to enter a motion of dismissal and to ask that your Honour exonerate the bond of the defendant."

The man in the prisoner's dock had come braced against nerve-trying, but now he bent forward in an amazement that he could not conceal, and from the back of the courtroom forward ran an inarticulate sound from human throats that needed no words to voice its incredulity – its disappointment.

There was a light rapping of the gavel and the state's representative went evenly on:

"The trial of this defendant would only entail a fruitless cost upon the state. I hold here, duly attested, the confession of Sally Turk, sister of the accused and widow of the deceased, that it was she and not Kenneth Thornton who shot John Turk to death. I have sworn out a warrant for this woman's arrest, and will ask the sheriff to execute it forthwith and take her into custody."

Kenneth Thornton was on his feet with a short protest shaping itself on his lips, but his eyes met those of his sister who rose from her place against the wall as her name was spoken and he read in them a contentment that gave him pause and an unspoken plea for silence.

Answering to the restraining hand of his own lawyer on his elbow he sank back into his seat with a swimming head and heard the calm, almost purring voice from the bench directing, "Mr. Clerk, let the order be entered." After that, astonishment mounted to complete dumfounding as he saw standing in the aisle Will Turk, the backbone and energy of the entire prosecution – and heard his voice addressing the judge:

"May it please your Honour, I'd love ter be tuck on Sally Turk's bond when ther time comes. I've done satisfied myself thet she kilt my brother in self deefence."

CHAPTER XXIX

Outside on the straggling streets clumps of perplexed men gathered to mull over the seven days' wonder which had been enacted before their eyes.

Slowly they watched the Kentuckians troop out of the court house, the late prisoner in their midst, and marvelled to see Will Turk join them with the handshaking of complete amity. Many of these onlookers remembered the dark and glowing face with which Turk had said yesterday of the man upon whom he was now smiling, "Penitenshery, hell! Hit's got ter be ther gallows!"

Public amazement was augmented when Kenneth Thornton and his wife went home with Will Turk and slept as guests under his roof.

"Ye needn't hev no fear erbout goin' on home, Ken, an' leavin' Sally hyar," said Turk when he and Thornton sat over their pipes that night. "I gives ye my hand thet she's goin' ter go free on bond an' when her case is tried she'll come cl'ar."

Kenneth Thornton knew that he was listening to the truth, and as his fingers, groping in his pocket for a match, touched the small walnut-shell basket, he drew it out and looked at it. Then turning to Dorothy, who sat across the hearth, he said seriously: "Ther luck piece held hits charm, honey."

But an hour later, when Kenneth had gone out to see to his horse in the barn and when Lindy was busied about some kitchen task, Will Turk rose from his seat and standing before Dorothy began to speak in a low-pitched and sober voice:

"Ye seems ter me like a woman a man kin talk sense ter," he said, "an' I'm goin' ter tell ye somethin' either you or yore man ought ter know. Ken hain't plum outen danger yit. He's got an enemy over thar in Kaintuck: an' when he starts back thet enemy's right like ter be watchin' ther trail thet leads home."

Dorothy held his eyes steadily when she questioned him with a name, "Bas Rowlett?"

Will Turk shook his head as he responded deliberately: "Whatever I knows come ter me in secrecy – but hit was at a time when I miscomprehended things, an' I sees 'em different now. I didn't say hit was Bas Rowlett ner I didn't say hit wasn't nuther, but this much I kin say. Whoever this feller is thet aims ter layway Ken, he aims ter do hit in Virginny. Seems like he dastn't ondertake hit in Kaintuck."

 

Dorothy drew a breath of relief for even that assurance, and for the duration of a short silence Turk again paced the floor with his head bent and his hands at his back, then he halted.

"You go on home termorrer an' leave Ken hyar," he enjoined, "he wants ter see his sister free on bail afore he leaves, anyhow. When he gits ready ter start back I'll guide him by a way I knows, but one a woman couldn't handily travel, an' I'll pledge ye he'll crost over ter Kaintuck es safe as he come."

So on the morrow Dorothy rode with the same cavalcade that had escorted her to Virginia, and near sunset a few days later, when low-hanging clouds were sifting down a thick veil of snow and the bare woods stood ghostly and white, Bas Rowlett lay numb with cold but warm with anticipation by the trail that led from the county seat in Virginia to the gap that gave a gateway into Kentucky.

He huddled under a tangle of briars, masking an ambuscade from which his rifle could rake the road and his eyes command it for a hundred yards to its eastern bend, and he had lain there all day. Kenneth Thornton would ride that trail, he felt assured, before dark, and ride it alone, and here, far from his own neighbourhood, he would himself be suspected of no murderous activity.

But as Bas lay there, for once prepared to act as executioner in person instead of through a hireling, Kenneth Thornton and Will Turk were nearing the state border, having travelled furtively and unseen by a "trace" that had put the bulk of a mountain between them and ambuscade.

The winter settled after that with a beleaguering of steeps and broken levels under a blockade of stark hardship. Peaks stood naked save for their evergreens, alternately wrapped in snow and viscid with mud. Morning disclosed the highways "all spewed up with frost" and noon found them impassably mired. Night brought from the forests the sharp frost-cracking of the beeches like the pop of small guns, and in wayside stores the backwoods merchants leaned over their counters and shook dismal heads, when housewives plodded in over long and slavish trails to buy salt and lard, and went home again with their sacks empty.

Those who did not "have things hung up" felt the pinch of actual suffering, and faces in ill-lighted and more illy ventilated cabins became morose and pessimistic.

Such human soil was fallow for the agitator, and the doctrine which the winter did not halt from travelling was that incitement preached by the "riders."

Every wolf pack that runs on its food-trail is made up of strong-fanged and tireless-thewed beasts, but at its head runs a leader who has neither been balloted upon nor born to his place. He has taken it and holds it against encroachment by title of a strength and boldness above that of any other. He loses it if a superior arises. The men who are of the vendetta acknowledge only the chieftainship which has risen and stands by that same gauge and proving.

Parish Thornton, the recent stranger, had come to such a position. He had not sought it, but neither, when he realized the conditions, had he evaded it. Now he had made a name of marvellous prowess, which local minstrels wove into their "ballets." He was accounted to be possessed of an almost supernatural courage and invulnerability; of a physical strength and quickness that partook of magic. Men pointed to his record as to that of a sort of superman, and they embellished fact with fable.

He had been the unchallenged leader of the Harpers since that interview with old Aaron Capper, and the ally of Jim Rowlett since his bold ride to Hump Doane's cabin, but now it was plain that this leadership was merging rapidly into one embracing both clans.

Old Jim had not long to live, and since the peace had been reestablished, the Doanes no less than the Harpers began to look to, and to claim as their own, this young man whose personal appeal had laid hold upon their imaginations.

But that is stating one side of the situation that the winter saw solidifying into permanence. There was another.

Every jealousy stirred by this new regime, every element that found itself galled by the rearrangement, was driven to that other influence which had sprung up in the community – and it was an influence which was growing like a young Goliath.

So far that growth was hidden and furtive, but for that reason only the more dangerous. The riders had failed to free Sam Opdyke, and Sam was in prison – but the riders were not through. It pleased them to remain deceptively quiet just now but their meetings, held in secret places, brought a multiplied response to the roll call. Plans were building toward the bursting of a storm which should wreck the new dykes and dams – and the leaders preached unendingly, under the vicarious urging of Bas Rowlett, that the death of Parish Thornton was the aim and end beyond other aims and ends.

The riders were not striking sporadic blows now, as they had done at first, in petty "regulatings." They were looking to a time when there was to be one ride such as the mountains had never seen; a ride at whose end a leader living by the river bend, a judge, a Commonwealth's attorney living in town and the foreman of a certain jury, should have paid condignly for their offences.

Christmas came to the house in the bend of the river with a crystal sheeting of ice.

The native-born in the land of "Do Without" have for the most part never heard of Christmas trees or the giving of gifts, but they know the old legend which says that at the hour when the Saviour was born in a manger the bare and frozen elder bushes come to momentary bloom again in the thickets and the "critters and beasties" kneel down in their stalls, answering to some dumb mandate of reverence. This, however, is myth, and the fact is more substantially recognized that at this period the roisterous ride the highways, shooting and yelling, and the whiskey jug is tilted and tragedy often bares her fangs.

But Dorothy and Parish Thornton had each other, and the cloud that their imaginations had always pictured as hanging over the state border had been dispelled. Their hearts were high, too, with the reflection that when spring came again with its fragrances and whispers from the south there would be the blossoming of a new life in that house, as well as along the slopes of the inanimate hills.

But now on Christmas morning, as Dorothy looked out of a window, whose panes were laced with most delicate traceries of frost rime, there was a thorn-prickle of fear in her heart.

Parish came in and stood looking outward over her shoulder, and his smile flashed as it had done that first day when it startled her, because, before she had seen it, she had read of just such a smile in a journal written almost a century and a half ago.

"Hit's plum beautiful – out thar," she murmured, and the man's arm slipped around her. It might almost have been the Kenneth Thornton who had seen Court life in England who gallantly responded, "Hit's still more beautiful – in hyar."

There had been an ice storm the night before, following on a day of snowfall, and the mountain world stood dazzling in its whiteness with every twig and branch glacéd and resplendent under the sun.

On the ice-bound slopes slept shadows of ultramarine, and near the window the walnut tree stood, no more a high-priest garbed in a green mantle or a wind-tossed cloak of orange-brown, but a warrior starkly stripped of his draperies and glitteringly mailed in ice.

He stood with his bold head high lifted toward the sky, but bearing the weight of winter, and when it passed he would not be found unscarred.

Already one great branch dropped under its freighting, and as the man and woman looked out they could hear from time to time the crash of weaker brethren out there in the forests; victims and sacrifices to the crushing of a beauty that was also fatal.

Until spring answered her question, Dorothy reflected, she could only guess how deep the blight, which she had discovered in the fall, had struck at the robustness of the old tree's life. For all its stalwartness its life had already been long, and if it should die – she closed her eyes as though to shut out a horror, and a shudder ran through her body.

"What is it, honey," demanded the man, anxiously, as he felt her tremor against his arm, "air ye cold?"

Dorothy opened her eyes and laughed, but with a tremulousness in her mirth.

"I reckon I hain't plum rekivered from ther fright hit give me when ye went over thar ter Virginny," she answered, "sometimes I feels plum timorous."

"But ther peril's done past now," he reassured her, "an' all ther enemies we had, thet's wuth winnin' over, hev done come ter be friends."

"All thet's wuth winnin' over, yes," she admitted without conviction, "but hit's ther other kind thet a body hes most cause ter fear."

Into the man's thought flashed the picture of Bas Rowlett, and a grim stiffness came to his lips, but she could hardly know of that remaining danger, he reflected, and he asked seriously, "What enemies does ye mean, honey?"

She, too, had been thinking of Bas, and she, too, believed that fear to be her own exclusive secret, so she answered in a low voice:

"I was studyin' erbout ther riders. I reckon they've done tuck thought thet you an' Hump hev been seekin' evidence erginst 'em."

The man laughed.

"Don't disquiet yoreself erbout them fellers, honey. We hev been seekin' evidence– an' gittin' hit, too, in some measure. Ef ther riders air strong enough ter best us we hain't fit ter succeed."

The smile gave slowly way to a sterner and more militant expression, the look which his wife had come to know of late. It had brought a gravity to his eyes and a new dimension to his character, for it had not been there before he had dedicated himself to a cause and taken up the leadership which he had at first sought to refuse. Dorothy knew that he was thinking of the fight which lay ahead, before the scattered enmities of that community were resolved and the disrupted life welded and cemented into a solidarity of law.

CHAPTER XXX

Sim Squires was finding himself in a most intricate and perplexing maze of circumstance; the situation of the man who wears another man's collar and whose vassalage galls almost beyond endurance.

It was dawning on Squires that he was involved in a web of such criss-cross meshes that before long he might find no way out. He had been induced to waylay Parish Thornton at the demand of one whom he dared not incense on pain of exposures that would send him to the penitentiary.

His intended victim had not only failed to die but had grown to an influence in the neighbourhood that made him a most dangerous enemy; and to become, in fact, such an enemy to Sim he needed only to learn the truth as to who had fired that shot.

Squires had come as Rowlett's spy into that house, hating Thornton with a sincerity bred of fear, but now he had grown to hate Rowlett the more bitterly of the two. Indeed, save for that sword of Damocles which hung over him in the memory of his murderous employment and its possible consequences, he would have liked Parish, and Dorothy's kindness had awakened in the jackal's heart a bewildering sense of gratitude such as he had never known before.

So while compulsion still bound him to Bas Rowlett, his own sympathies were beginning to lean toward the fortunes of that household from which he drew his legitimate wage.

But complications stood irrevocably between Sim and his inclinations. His feeling against Bas Rowlett was becoming an obsession of venom fed by the overweening arrogance of the man, but Bas still held him in the hollow of his hand, and besides these reefs of menace were yet other shoals to be navigated.

Squires had been compelled by Rowlett not only to join the "riders" who were growing in numbers and covert power, but to take such an active part in their proceedings as would draw down upon his head the bolts of wrath should the organization ever be brought to an accounting.

There was terrible danger there and Sim recognized it. Sim knew that when Rowlett had quietly stirred into life the forces from which the secret body was born he had been building for one purpose – and one purpose only. To its own membership, the riders might be a body of vigilantes with divers intentions, but to Bas they were never anything but a mob which should some day lynch Parish Thornton – and then be themselves destroyed like the bee that dies when it stings. Through Squires as the unwilling instrument Rowlett was possessing himself of such evidence as would undo the leaders when the organization had served that one purpose.

 

Yet Sim dared reveal none of these secrets. The active personality who was the head and front of the riders was Sam Opdyke's friend Rick Joyce – and Rick Joyce was the man to whom Bas could whisper the facts that had first given him power over Sim.

For Sim had shot to death Rick's nephew, and though he had done it while drunk and half responsible; though he had been incited to the deed by Bas himself, no man save the two of them knew that, and so far the murderer had never been discovered.

It seemed to Sim that any way he turned his face he encountered a cul-de-sac of mortal danger – and it left him in a perplexity that fretted him and edged his nerves to rawness.

Part of Christmas day was spent by the henchman in the cabin where he had been accustomed to holding his secret councils with his master, Bas Rowlett, and his venom for the man who had used him as a shameless pawn was eclipsing his hatred for Parish Thornton, the intended victim whom he was paid to shadow and spy upon. For Dorothy he had come to acknowledge a dumb worship, and this sentiment was not the adoration of a lover but that dog-like affection which reacts to kindness where there has been no other kindness in life.

It was not in keeping with such a character that he should attempt any candid repudiation of his long-worn yoke, or declare any spirit of conversion, but in him was a ferment of panic.

"I'm growin' right restive, Bas," whined Sim as the two shivered and drank whiskey to keep themselves warm in that abandoned shack where they were never so incautious as to light a fire. "Any time this feller Parish finds out I shot him, he'll turn on me an' kill me. Thar hain't but jest one safe way out. Let me finish up ther job an' rest easy."

Bas Rowlett shook his head decisively.

"When I gits ready ter hev ye do thet," he ruled, imperiously, "I'll let ye know. Right now hit's ther last thing I'd countenance."

"I kain't no fashion make ye out," complained Sim. "Ye hired me ter do ther job an' blackguarded me fer failin'. Now ye acks like ye war paid ter pertect ther feller from peril."

Rowlett scowled. It was not his policy to confide in his Myrmidons, yet with an adherent who knew as much as Squires it was well to have the confidential seeming.

"Things hev changed, Sim," he explained. "Any heedless killin's right now would bring on a heap of trouble afore I'm ready fer hit – but ye hain't no more fretful ter hev him die then what I be – an' thet's what we're buildin' up this hyar night-rider outfit ter do."

"Thet's another thing thet disquiets me, though," objected Squires. "I'm es deep inter thet es anybody else, an' them fellers, Thornton and Old Hump, hain't nuver goin' ter rest twell they penitensheries some of ther head men."

Bas Rowlett laughed, then with such a confidential manner as he rarely bestowed upon a subordinate, he laid a hand on his hireling's arm. "Thet's all right, Sim. Ther penitenshery's a right fit an' becomin' place fer them men, when ye comes ter study hit out. We hain't objectin' ter thet ourselves – in due time."

Sim Squires drew back and his face became for the moment terror-stricken. "What does ye mean?" he demanded, tensely, "does ye aim ter let me sulter out my days in convict-stripes because I've done s'arved yore eends?"

But Bas Rowlett shook his head.

"Not you, Sim," he gave assurance. "I'm goin' ter tek keer of you all right – but when ther rest of 'em hev done what we wants, we hain't got no further use fer them riders. Atter thet they'll jest be a pest an' burden ter us ef they goes on terrifyin' everybody."

"I don't no fashion comprehend ye, but I've got ter know whar I stands at." There was a momentary stiffening of the creature's moral backbone and the employer hastened to smooth away his anxiety.

"I hain't nuver drapped no hint of this ter no man afore," he confided, "but me an' you air actin' tergither es pardners, an' ye've got a license ter know. These hyar riders air ergoin' ter handle ther men that stands in my light – then I'm goin' ter everlastin'ly bust up ther riders. I wouldn't love ter see 'em git too strong. Ye fights a forest fire by buildin' back-fires, Sim, but ef ye lets ther back-fires burn too long ye're es bad off es ye war when ye started out."

"How does ye aim ter take keer of me?" inquired the listener and Bas replied promptly: "When ther time comes ter bust 'em up, we'll hev strength enough ter handle ther matter. Leave thet ter me. You'll be state's evidence then an' we'll prove thet ye ji'ned up ter keep watch fer me."

Over Sim Squires' face spread the vapid grin that he used to conceal his emotions.

"But thet all comes later on," enjoined Bas. "Meanwhile, keep preachin' ter them fellers thet Thornton's buildin' up a case erginst 'em. Keep 'em skeered an' wrought up."

"I reckon we'd better not start away tergither," suggested Sim when they had brought their business to its conclusion, "you go on, Bas, an' I'll foller d'reckly."

When he stood alone in the house Sim spent a half-hour seeking to study the ramifications of the whole web of intrigue from various angles of consideration, but before he left the place he acted on a sudden thought and, groping in the recess between plate-girder and overhang, he drew out the dust-coated diary that Bas had thrust there and forgotten, long ago. This Sim put into his pocket and took with him.

* * *

The winter dragged out its course and broke that year like a glacier suddenly loosened from its moorings of ice. A warm breath came out of the south and icicled gorges sounded to the sodden drip of melting waters. Snowslides moved on hundreds of steeply pitched slopes, and fed sudden rivulets into freshet roarings.

The river itself was no longer a clear ribbon but a turgid flood-tide that swept along uprooted trees and snags of foam-lathered drift.

There was as yet neither bud nor leaf, and the air was raw and bone-chilling, but everywhere was the restless stirring of dormant life impulses and uneasy hints of labour-pains.

While the river sucked at its mud bank and lapped its inundated lowlands, the walnut tree in the yard above the high-water mark sang sagas of rebirth through the night as the wind gave tongue in its naked branches.

But in the breast of Sim Squires this spirit of restlessness was more than an uneasy stirring. It was an obsession.

He knew that when spring, or at the latest early summer, brought firmness to the mired highways and deeper cover to the woods, the organization of which he was a prominent member would strike, and stake its success or failure upon decisive issue. Then Parish Thornton, and a handful of lesser designates, would die – or else the "riders" would encounter defeat and see their leaders go to the penitentiary.

Bas Rowlett, himself a traitor to the Ku Klux, had promised Sim safety, but Sim had never known Bas to keep faith, and he did not trust him now.

Yet, should he break with the evil forces to which he stood allied, Sim's peril became only the greater. So he lay awake through these gusty nights cudgelling his brain for a solution, and at the end, when spring had come with her first gracious touches of Judas-tree and wild plum blossoming, he made up his mind.

Sim Squires came to his decision one balmy afternoon and went, with a caution that could not have been greater had he contemplated murder, to the house of Hump Doane, when he knew the old man to be alone.

His design, after all, was a simple one for a man versed in the art of double-crossing and triple-crossing.

If the riders prevailed he was safe enough, by reason of his charter membership, and none of his brother vigilantes suspected that his participation had been unwilling. But they might not prevail, and, in that event, it was well to have a friend among the victors.