IX

ONE bright June day Mr. Wheeler parked his car in a line of motors before the new pressed-brick Court house in Frankfort. The Court house stood in an open square, surrounded by a grove of cotton-woods. The lawn was freshly cut, and the flower beds were blooming. When Mr. Wheeler entered the courtroom upstairs, it was already half-full of farmers and townspeople, talking in low tones while the summer flies buzzed in and out of the open windows. The Judge, a one-armed man, with white hair and side-whiskers, sat at his desk, writing with his left hand. He was an old settler in Frankfort county, but from his frock-coat and courtly manners you might have thought he had come from Kentucky yesterday instead of thirty years ago. He was to hear this morning a charge of disloyalty brought against two German farmers. One of the accused was August Yoeder, the Wheelers’ nearest neighbour, and the other was Troilus Oberlies, a rich German from the northern part of the county.

Oberlies owned a beautiful farm and lived in a big white house set on a hill, with a fine orchard, rows of beehives, barns, granaries, and poultry yards. He raised turkeys and tumbler-pigeons, and many geese and ducks swam about on his cattleponds. He used to boast that he had six sons, “like our German Emperor.” His neighbours were proud of his place, and pointed it out to strangers. They told how Oberlies had come to Frankfort county a poor man, and had made his fortune by his industry and intelligence. He had twice crossed the ocean to re-visit his fatherland, and when he returned to his home on the prairies he brought presents for every one; his lawyer, his banker, and the merchants with whom he dealt in Frankfort and Vicount. Each of his neighbours had in his parlour some piece of woodcarving or weaving, or some ingenious mechanical toy that Oberlies had picked up in Germany. He was an older man than Yoeder, wore a short beard that was white and curly, like his hair, and though he was low in stature, his puffy red face and full blue eyes, and a certain swagger about his carriage, gave him a look of importance. He was boastful and quick-tempered, but until the war broke out in Europe nobody had ever had any trouble with him. Since then he had constantly found fault and complained,—everything was better in the Old Country.

Mr. Wheeler had come to town prepared to lend Yoeder a hand if he needed one. They had worked adjoining fields for thirty years now. He was surprised that his neighbour had got into trouble. He was not a blusterer, like Oberlies, but a big, quiet man, with a serious, large-featured face, and a stern mouth that seldom opened. His countenance might have been cut out of red sandstone, it was so heavy and fixed. He and Oberlies sat on two wooden chairs outside the railing of the Judge’s desk.

Presently the Judge stopped writing and said he would hear the charges against Troilus Oberlies. Several neighbours took the stand in succession; their complaints were confused and almost humorous. Oberlies had said the United States would be licked, and that would be a good thing; America was a great country, but it was run by fools, and to be governed by Germany was the best thing that could happen to it. The witness went on to say that since Oberlies had made his money in this country—

Here the Judge interrupted him. “Please confine yourself to statements which you consider disloyal, made in your presence by the defendant.” While the witness proceeded, the Judge took off his glasses and laid them on the desk and began to polish the lenses with a silk handkerchief, trying them, and rubbing them again, as if he desired to see clearly.

A second witness had heard Oberlies say he hoped the German submarines would sink a few troopships; that would frighten the Americans and teach them to stay at home and mind their own business. A third complained that on Sunday afternoons the old man sat on his front porch and played Die Wacht am Rhein on a slide-trombone, to the great annoyance of his neighbours. Here Nat Wheeler slapped his knee with a loud guffaw, and a titter ran through the courtroom. The defendant’s puffy red cheeks seemed fashioned by his Maker to give voice to that piercing instrument.

When asked if he had anything to say to these charges, the old man rose, threw back his shoulders, and cast a defiant glance at the courtroom. “You may take my property and imprison me, but I explain nothing, and I take back nothing,” he declared in a loud voice.

The Judge regarded his inkwell with a smile. “You mistake the nature of this occasion, Mr. Oberlies. You are not asked to recant. You are merely asked to desist from further disloyal utterances, as much for your own protection and comfort as from consideration for the feelings of your neighbours. I will now hear the charges against Mr. Yoeder.”

Mr. Yoeder, a witness declared, had said he hoped the United States would go to Hell, now that it had been bought over by England. When the witness had remarked to him that if the Kaiser were shot it would end the war, Yoeder replied that charity begins at home, and he wished somebody would put a bullet in the President.

When he was called upon, Yoeder rose and stood like a rock before the Judge. “I have nothing to say. The charges are true. I thought this was a country where a man could speak his mind.”

“Yes, a man can speak his mind, but even here he must take the consequences. Sit down, please.” The Judge leaned back in his chair, and looking at the two men in front of him, began with deliberation: “Mr. Oberlies, and Mr. Yoeder, you both know, and your friends and neighbours know, why you are here. You have not recognized the element of appropriateness, which must be regarded in nearly all the transactions of life; many of our civil laws are founded upon it. You have allowed a sentiment, noble in itself, to carry you away and lead you to make extravagant statements which I am confident neither of you mean. No man can demand that you cease from loving the country of your birth; but while you enjoy the benefits of this country, you should not defame its government to extol another. You both admit to utterances which I can only adjudge disloyal. I shall fine you each three hundred dollars; a very light fine under the circumstances. If I should have occasion to fix a penalty a second time, it will be much more severe.”

After the case was concluded, Mr. Wheeler joined his neighbour at the door and they went downstairs together.

“Well, what do you hear from Claude?” Mr. Yoeder asked.

“He’s still at Fort R——. He expects to get home on leave before he sails. Gus, you’ll have to lend me one of your boys to cultivate my corn. The weeds are getting away from me.”

“Yes, you can have any of my boys,—till the draft gets ’em,” said Yoeder sourly.

“I wouldn’t worry about it. A little military training is good for a boy. You fellows know that.” Mr. Wheeler winked, and Yoeder’s grim mouth twitched at one corner.

That evening at supper Mr. Wheeler gave his wife a full account of the court hearing, so that she could write it to Claude. Mrs. Wheeler, always more a school-teacher than a housekeeper, wrote a rapid, easy hand, and her long letters to Claude reported all the neighbourhood doings. Mr. Wheeler furnished much of the material for them. Like many long-married men he had fallen into the way of withholding neighbourhood news from his wife. But since Claude went away he reported to her everything in which he thought the boy would be interested. As she laconically said in one of her letters: “Your father talks a great deal more at home than formerly, and sometimes I think he is trying to take your place.”

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