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Updated: June 12, 2025
And steadily and to the growing uneasiness of the Tollivers, the law went its way. Rufe had proven that he was at the Gap all day and had taken no part in the trouble. He produced a witness the mountain lout whom Hale remembered who admitted that he had blown the whistle, given the yell, and fired the pistol shot.
By and by, as old Judd began to mend, overtures of peace came, singularly enough, from the Falins, and while the old man snorted with contemptuous disbelief at them as a pretence to throw him off his guard, Dave began actually to believe that they were sincere, and straightway forged a plan of his own, even if the Tollivers did persist in going West.
"I declare!" said Bart in a tone of profound concern, "I got away just in time, but if that is Lem Wacker, he has appeared on the scene just ten minutes too soon to suit me." Over at the break in the woods a man had appeared from the direction of Millville. He was waving a hand, and then placing it to his mouth as though hailing someone, probably the Tollivers at the camp.
"And bless him, dear God, and guard him evermore." She clutched her heart as she turned, and she was clutching it when she passed into the shadows below, leaving the old Pine to whisper, when he passed, her love. Next day the word went round to the clan that the Tollivers would start in a body one week later for the West.
If the Tollivers try to take that man in there, and one of you Falins draws a pistol, those guns there" waving his hand toward the jail windows "will be turned loose on YOU, WE'LL FIGHT YOU BOTH!" The last words shot like bullets through his gritted teeth, then the flash of his eyes was gone, his face was calm, and as though the whole matter had been settled beyond possible interruption, he finished quietly: "The condemned man wishes to make a confession and to say good-by.
And as old Judd said, no Tolliver had ever been sentenced and no jury of mountain men, he well knew, could be found who would convict a Tolliver, for there were no twelve men in the mountains who would dare. And so the Tollivers decided to await the outcome of the trial and rest easy.
They knew that the old man meant to try to rescue Rufe when he was brought back to jail or taken from it to the scaffold, and when either day came they themselves would take a hand, thus giving the Tollivers at one and the same time two sets of foes.
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