Nye and Riley's Wit and Humor (Poems and Yarns) by Nye and Riley (13 inch ebook reader TXT) 📖
- Author: Nye and Riley
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Over the top of the page—enough
To caressingly gaze at you, swathed in the fluff
Of your hair and your odorous lawn.
You in the hammock—And that was a year—
Fully a year ago, I guess!—
And what do we care for their Guinevere
And her Launcelot and their lordliness!—
You in the hammock still, and—Yes—
Kiss me again, my dear!
[Pg 66] The Rise and Fall of William Johnson (A CHRISTMAS STORY)
t has always been one of my pet notions that on Christmas day we ought not to remember those only who may be related to us and those who are prosperous, but, that we should, while remembering them, forget not the unfortunate who are dead to all the world but themselves and who suffer in prison walls, not alone for their own crimes, perhaps, but for the crimes of their parents and their grandparents before them. Few of the prosperous and happy pause to-day to think of the convict whose days are all alike and whose nights are filled with bitterness.[Pg 67]
At the risk of being dull and prosy, I am going to tell a story that is not especially humorous or pathetic, but merely true. Every Christmas I try to tell a true story. I do not want the day to go by without some sort of recognition by which to distinguish it from other days, and so I celebrate it in that way.
This is the story of William Johnson, a Swede, who went to Wyoming Territory, perhaps fifteen years ago, to seek his fortune among strangers, and who, without even a knowledge of the English language, began in his patient way to work at whatever his hands found to do. He was a plain, long-legged man, with downcast eyes and nose.
There was some surprise expressed all around when he was charged one day by Jake Feinn with feloniously taking, stealing, carrying away and driving away one team of horses, the property of the affiant, and of the value of $200 contrary to the statutes in such case made and provided, and against the peace and dignity of the Territory of Wyoming.
Everybody laughed at the idea of Jake Feinn owning a team worth $200, and, as he was also a chronic litigator, it was generally conceded that Johnson would be discharged. But his misfortunes seemed to swoop down on him from the very first moment. At the preliminary examination Johnson acted like a man who was dazed. He couldn't talk or understand English very well. He failed to get a lawyer. He pleaded guilty, not knowing what it meant, and was permitted to take it back. He had no witnesses, and the Court was in something of a hurry as it had to prepare a speech that afternoon to be delivered in the evening on the "Beauties of Eternal Justice," and so it was[Pg 68] adjudged that in default of $500 bail the said William Johnson be committed to the County Jail of Albany County in said Territory, there to await the action of the Grand Jury for the succeeding term of the District Court for the Second Judicial District of Wyoming.
Meekly and silently William Johnson left the warm and stimulating Indian summer air of October to enter the dark and undesirable den of a felon. Patiently he accepted the heart-breaking destiny which seemed really to belong to some one else. He put in his days studying an English primer all the forenoon and doing housework around the jail kitchen in the afternoon.
He was a very tall man and a very awkward man, with large, intellectual joints and a sad face. When he got so that he could read a little I went in to hear[Pg 69] him one day. He stood up like an exaggerated schoolboy, and while he bored holes in the page of his primer with a long and corneous forefinger he read that little poem:
Pray tell me, bird, what you can see
Up in the top of that tall tree?
Have you no fear that some rude boy
May come and mar your peace and joy?
Oh, no, my child, I fear no harm,
While with my song I thus can charm.
My mate is here, my youngsters, too,
And here we sit and sing to you.
Finally, the regular term of the District Court opened. Men who had come for a long distance to vaunt their ignorance and other qualifications as jurors could be seen on the streets. Here and there you could see the familiar faces of those who had served as jurors for years and yet had never lost a case. Wealthy delinquents began to subpœna large detachments of witnesses at the expense of the county, and the poor petty larceny people in the jail began to wonder why their witnesses didn't show up. Slowly the wheels of Justice began to revolve. Ever and anon could be heard the strident notes which came from the room where the counsel for the defense was filing his objections, while now and then the ear was startled with the low quash of the indictment.
Finally the case of the Territory against William Johnson was called.
"Mr. Johnson," asked Judge Blair, "have you counsel?"[Pg 70]
The defendant said he had not.
"Are you able to employ counsel?"
He evidently wasn't able to employ counsel twenty minutes, even if it could be had at a dollar a day.
"Do you wish to have the Court appoint counsel for you?"
He saw no other way, so he said yes.
Where criminals are too poor to employ counsel the Court selects a poor but honest young lawyer, who practices on the defendant. I was appointed that way myself once to defend a man who swears he will kill me as soon as he gets out of the penitentiary.
William Johnson was peculiarly unfortunate in the election of his counsel. The man who was appointed to defend him was a very much overestimated young man who started the movement himself. He was courageous, however, and perfectly willing to wade in where angels would naturally hang back. His brain would not have soiled the finest fabric, but his egotism had a biceps muscle on it like a loaf of Vienna bread. He was the kind of young man who loves to go and see the drama and explain it along about five minutes in advance of the company in a loud, trenchant voice.
He defended William Johnson. Thus in the prime of life, hardly understanding a word of the trial, stunned, helpless, alone, the latter began upon his term of five years in the penitentiary. His patient, gentle face impressed me as it did others, and his very helplessness thus became his greatest help.
It is not egotism which prompts me to tell here of what followed. It was but natural that I should go to Judge Blair, who, besides being the most popular Judge in the West, had, as I knew, a kind heart. He[Pg 71] agreed with me that Johnson's side of the case had not been properly presented and that the jury had grave doubts about the horses having been worth enough to constitute a felony even if Johnson had unlawfully taken them. Other lawyers said that at the worst it was a civil offense, or trover, or trespass, or wilful negligence, or embezzlement, or conversion, but that the remedy was by civil process. One lawyer said it was an outrage, and Charlie Bramel said that if Johnson would put up $50 he would agree to jerk him out of the jug on a writ of habeas corpus before dinner.
Seeing how the sentiment ran, I resolved to start a petition for Johnson's pardon. I got the signatures[Pg 72] of the Court, the court officers, the jury and the leading men of business in the country. Just as I was about to take it to Gov. Thayer, there was an incident at the penitentiary. William Johnson had won the hearts of the Warden and the guards to that extent that he was sent out one afternoon to assist one of the guards in overseeing the labor of a squad working in a stone quarry near by. Taking advantage of a time when the guard was a few hundred feet away, the other convicts knocked Johnson down and tried to get away. He got up, however, and interested them till the guard got to him and the escape was prevented. Johnson waited till all was secure again, and then fainted from loss of blood occasioned by a scalp wound over which he had a long fight afterward with erysipelas.
This was all lucky for me, and when I presented the petition to the Governor I had a strong case, made more so by the heroic action of a man who had been unjustly condemned.
There is but little more to tell. The Governor intimated that he would take favorable action upon the petition, but he wanted time. My great anxiety, as I told him, was to get the pardon in time so that Johnson could spend his Christmas in freedom. I had seen him frequently, and he was pale and thin to emaciation. He could not live long if he remained where he was. I spoke earnestly of his good character since his incarceration, and the Governor promised prompt action. But he was called away in December and I feared that he might, in the rush and pressure of other business, forget the case of Johnson till after the holidays. So I telegraphed him and made his life a bur[Pg 73]den to him till the afternoon of the 24th, when the 4:50 train brought the pardon. In my poor, weak way I have been in the habit for some years of making Christmas presents, but nothing that could be bought with money ever made me a happier donor or donee than the simple act of giving to William Johnson four years of freedom which he did not look for.
I went away to spend my own Christmas, but not till I had given Johnson a few dollars to help him get another start, and had made him promise to write me how he got along. And so that to me was a memorable and a joyous Christmas, for I had made myself happy by making others happy.
Bill Nye.
P. S.—Perhaps I ought not to close this account so abruptly as I have done, for the reader will naturally ask whether Johnson ever wrote me, as he said he would. I only received one letter from him, and that I found when I got back, a few days after Christmas. It was quite characteristic, and read as follows:
"Laramy the twenty-fitt dec.
Frent Nie.
"When you get this Letter i will Be in A nuther tearritory whare the weekid seize from trubbling & the weery air at Reast excoose my Poor writing i refer above to the tearritory of Utaw where i will begin Life A new & all will be fergott.
"I hop god wil Reward you In Caise i Shood not Be Abel to Do so.
"You have Bin a good frent off me and so I am shure you will enjoy to heer of my success i hope the slooth hounds of Justiss will not try to folly me for it[Pg 74] will be worse than Useles as i have a damsite better team than i had Before.
"It is the Sheariff's team wich i have got & his name is denis, tel the Governor to Parden me if i have seeamed Rude i shall go to some new Plais whare i will not be Looked upon with Suchpishion wishing you a mary Crissmus hapy new year and April Fool i will Close from your tru Frent
"Bill Johnson."
[Pg 75]
From Delphi to Camden
I.
From Delphi to
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