Sharyn McCrumb - The Ballad of Frankie Silver

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Frances Silver, a girl of 18, was charged in 1832 with murdering her husband. Lafayette Harkryder is also 18 when he is accused of murder and he is to be the first convict to die in the electric chair. Both Frances and Lafayette hid the truth. But can the miscarriages of justice be prevented?

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“No thoughts on a last meal,” Dr. Ritter was saying. He made a notation on his legal pad. “Let’s leave that then, shall we? You have plenty of time to consider that option. Now, is there anyone you would like to see in the coming days? Anyone you would wish us to contact?”

A hooker, he thought. Names of various shapely movie stars ran though Fate Harkryder’s mind, but he no longer felt in a playful mood. Besides, he was sure that the fat man had heard such feeble efforts at wit before, and was probably expecting them. He probably had his chuckle and his pat answer ready in his froggy throat. Fate decided that the conversation was beginning to bore him. He shook his head. “No one.”

“A relative, perhaps? Is your mother still living?”

“She died when I was eight.”

“Your father, then?”

“Lung cancer. Ten years back.”

“I see. I believe you have brothers, though. Perhaps you’d like a visit from them?”

Fate Harkryder almost smiled. “Perhaps I would,” he said. “Why don’t you see if they’d like to come and say good-bye?”

“I can certainly do that,” said Ritter smoothly. “Now let’s talk about you for a moment. Are you experiencing any symptoms of undue anxiety? Loss of appetite, trouble sleeping?”

Undue anxiety?” The prisoner stared at him. “The state of Tennessee is going to strap me into a chair and shoot electricity through my body until I burn to death from the inside out. Just what anxiety would you call undue?”

“You would do well to remain hopeful. You might possibly get a stay of execution,” said the psychologist, ignoring the emotional outburst. “Meanwhile, we would hope that you can stay as calm and upbeat as possible under the circumstances. I can recommend sleeping tablets-in carefully controlled doses, of course-and perhaps some sort of tranquilizer for daytime use, if you feel that would help.”

Fate Harkryder shook his head. “Keep the drugs,” he said. “If I only have a few more days to spend being alive, I don’t want to miss any of it. I intend to go down fighting.”

Ritter’s frown told him that he had misunderstood.

“Legally, I mean,” said Fate. “Appeals. Motions filed in every court we can think of. Messages to the governor.”

“I see. Meanwhile, if you’d like, we can discuss the incident that put you here. Would you like to tell me your side of it?”

“I don’t believe I would.”

The psychologist shrugged. “Some men find it easier to go to their deaths having made their peace with this world. Is there any bit of unfinished business that troubles you?”

“Not anything you can put right,” said the condemned man.

Burgess Gaither

THE ESCAPE

They’ll not hang a woman, folks kept saying, over and over like rain on a roof. You’ll not hang, Frankie. I was a young girl, a proper married woman, the mother of an innocent babe. I was no madwoman crazed for blood, nor no town whore robbing a young blade and adding killing to the slate of her sins. You’ll not hang. And I carried myself meek and mild every time the court met, with my hair combed smooth, and my dress as clean and fitten as I could get it. “She’s a pretty little thing!” the men would say when I passed by. “She don’t look like no Jezebel.” And I would keep my head down low and pretend not to hear them, for it was all a game, and if I could not tell the truth flat out to that court full of strangers and be done with it, why then I must play their game and take care to win.

I had done good. The fine town ladies brought me pies and came and sat with me and read out the Bible in my cell, and I was thankful, for they were kind, but the tales I liked best were the fairy stories that my mama used to tell me. There was one about a beautiful princess who was walled up in a tower, and a handsome prince rode up and saved her. When my mama told the story, the princess had long golden hair like mine, and the prince was a dark-haired man with a big house and all the money he needed. I didn’t ask for the ladies to tell me stories like that, for it wouldn’t have been fitten, but I thought about them all the same, to myself, and to pass the time I pretended that I was the princess in that tower, awaiting to be saved.

The ladies told me that people were working hard to get me a pardon. They were writing letters to Governor Stokes, begging him for mercy, and there was talk of getting up a letter signed by half the county, asking that my life be spared.

Governor Stokes left office at the new year, and the new governor was a man called David Swain, who came from Buncombe County, not far from here. Then the jailer’s wife, Sarah Presnell, who wasn’t one for making fine promises, she came to my cell with the news, and she said, “Happen you’ll be all right now, Frankie, for the new governor is from these parts, and he’ll be made to listen to all the folks who won’t stand to see you hang.” The other ladies of Morganton came and said the same. They told me that even the jury was sorry they had ordered me hanged, and that some of them had signed their name to the paper asking the governor for mercy. I reckoned it would be all right then, just like Mama said. I sat through the winter thinking about how big my baby Nancy was getting and wondering how many teeth she had, and if she was walking good yet. I reckoned I’d see her in the spring. She’d have to get to know me all over again, but at least we’d be together, when I got shut of this old town.

But then in March a new judge came, and he was old and sour, with a pinch-prune face and eyes like the pebbles in the creek bed, and he looked at me as if I were a shriveled-up old woman, and you could tell that he didn’t think me a pretty little thing, but only a wicked murderess to be damned and sent to hell, and he was the one to do it.

He fixed the twenty-eighth of June as my day to die.

I never figured on dying in tomato time. Leaving my baby without a mama or a daddy to look out for her. Going into the cold clay while my teeth are still strong and my hair is yellow as moonlight. It don’t seem right.

The ladies tell me that Daddy has been stumping around the county like a bear tied to a stake, trying to get some help for me. He went hat in hand to this colonel and to that gentleman, and they all gave him advice, but sometimes they’d say the opposite of one another. At last I reckon Daddy figured it was up to him to look out for his own. And what could I say when they came for me? I wanted to live. I wanted to feel the grass again on my bare ankles, and drink spring water.

So when they stood there in the night with the key to my cell a-dangling from Jack’s hand, I didn’t spare a thought for the governor or the fine ladies of Morganton with their pies and their petitions. I put on Jack’s old shirt and breeches and blacked my face with coal dust, and I went with them.

The people in that town meant well, most of them, trying to help me with letters and such, but we don’t take charity from strangers if we can help it. It’s not our way. I’d rather trust a surefooted horse and a steep mountain than all the fine words in the world.

I know that people have said I must have known something about it, but upon my oath I did not. Though I should have guessed, perhaps. I had heard the story often enough, when people spoke of Eliza Grace McDowell. The family is proud of it, and perhaps they should be, but just lately it troubles me all the same.

It was a warm evening, the seventeenth of May, and I was pleased to see a red sunset, a sign that we should have no more of the spring rains that had blighted our days, muddied our roads, and made ponds of our fields for a good many days. I lingered on the courthouse lawn, talking with Sheriff Boone in the glow of the spring twilight. We were merely exchanging pleasantries, as I was leaving to go to Belvidere for dinner. I do not think we spoke of Frankie Silver, for her execution was still some weeks away, and I knew that the sheriff was uneasy in his mind about having to perform the grim task, and he did not care to talk about it. So it was apropos of nothing in particular when Boone said to me, “You know, Mr. Gaither, I have been thinking about John Sevier these past few days.”

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