On the morning of the shooting, when everything possible had been done for the comfort of the victim, we three accomplices were released on our own recognizance by an old gentleman of severe aspect, who had resumed his function of justice of the peace where he had laid it down during the war. I did not then know that he had no more legal authority than I had myself, and I was somewhat disturbed in mind as I reflected on the possibilities of the situation. The opportunity to get rid of an offensive Federal official must of course be very tempting, and after all the shooting was a trifle hasty and not altogether justifiable.
On the day appointed for our preliminary examination, all of us except Frank were released and put on the witness-stand. We gave a true and congruent history of the affair. The holdover justice listened to it all very patiently and then, with commendable brevity and directness of action, fined Frank five dollars and costs for disorderly conduct. There was no appeal.
There were queer characters in Alabama in those days, as you shall see. Once upon a time the special agent and I started down the Tombigbee River with a steamboat load of government cotton—some six hundred bales. At one of the military stations we took on a guard of a dozen or fifteen soldiers under command of a non-commissioned officer. One evening, just before dusk, as we were rounding a bend where the current set strongly against the left bank of the stream and the channel lay close to that shore, we were suddenly saluted with a volley of bullets and buckshot from that direction. The din of the firing, the rattle and crash of the missiles splintering the woodwork and the jingle of broken glass made a very rude arousing from the tranquil indolence of a warm afternoon on the sluggish Tombigbee. The left bank, which at this point was a trifle higher than the hurricane deck of a steamer, was now swarming with men who, almost near enough to jump aboard, looked unreasonably large and active as they sprang about from cover to cover, pouring in their fire. At the first volley the pilot had deserted his wheel,