“Please.” Michael’s voice is gentle and reasoned, as if negotiating with a child. “Hannah, please. I can’t take this anymore.”
The irregular
thok
of the ax comes from outside the cabin, where Hans cuts listlessly at a frozen log. Hannah sits beside Michael, huddling beneath a blanket, watching the fog of her breath curl in weak, lazy spirals before her face, daydreaming of Dutch’s Sandwich Isles. Owyhee, with its fruit, soft breezes, and the scent of flowers in the air. Michael has been pleading all morning to be put out of his misery, and she cannot look at him when she replies, her voice flat. “I cannot allow it, Michael. We must wait. Spring will come, and we will be rescued. Mr. Witt will surely send a boat from Sitka as soon as the weather allows.” Severts groans softly.
“It hurts me to see you suffer so, Michael, but we must hang on. It is all that will save us.”
The door knocks back, and Hans enters, carrying a small armload of ax-shattered wood. “Damnation, Hannah, be sensible. We won’t make it till spring.”
Sitting up straight, she lifts her chin. “I cannot see a helpless man killed. We are not animals.” She slumps again and sighs, “We have already talked of this too much. It is a matter for the authorities, not us.”
Hans shakes his head at the persistence of his wife’s fantasy, her obsession with laws and judges. He will not say the words loose in his brain, but he sometimes sees the Irishman as meat—a roast, slices of steak, a stew. “Tide’s dropping. I better go before it gets dark.”
After Hans gathers the forage sack and leaves, Hannah feeds the stove and sits down again, eager to return to Hawaii. She often imagines herself in a particular corner of a lawn overlooking a stream bordered in wild, fragrant flowers, a green swath of neatly trimmed grass where there are no clouds between her and the sun. Her clothes are clean and neat, and the regular sighing of blue and white surf mixes easily with the rustling sound of the palms. She is just beginning to feel the heat on her face and the texture of the clipped grass beneath her thighs when Michael’s voice breaks into her reverie: “Hannah, I love you.
“I love you, and I can’t watch you go on like this. Let me up, and I will hang myself. You won’t have to do it.”
She feels like a piece of old paper—delicate, dry, and brittle, being slowly torn down the middle. The image of herself clubbing Hans to the ground with the skillet as he comes in the door flashes before her, and she imagines the feel of the ropes in her fingers as she frees Michael’s bonds. Her blood burns with guilt and shame as she realizes how badly she wants to fulfill the fantasy: Hans gone, herself in Michael’s arms—it could work! No one would ever know; they could weave a tale of some sort to . . .
Hannah realizes she is biting the knuckle of her thumb and pulls it from her mouth, then stares at the shape of the angry red tooth marks and moans.
“God’s truth, Hannah. Seeing you waste away is worse than the torture of these boards. Let’s end this.”
A single great, wracking sob rips from her breast, and she clutches her arms about herself. “It was self-defense, Michael. That’s what you said.”
Severts shakes his head. “No, Hannah. That’s not true. I just wanted the gold. I wanted to go back to Ireland a big shot, a success, with enough to take my mother out of reach of my father. And I was so angry with you after we quarreled out by the woodpile before the storm.”
“You are just saying that.”
“I swear. It’s too late for me to try to save myself. I did wrong, and I’ve got to pay.”
“My Lord.” Her voice knots, her mind spins and cramps. Was he lying then, or is he lying now? Either way, he is a killer; either way he might be doing it for her; either way, she wants him. Every way it is turned, there is no way out, no way to decide.
“You want me to stand trial, I’ll stand trial,” says Michael. “I’ve been thinking about it, and there is no reason we cannot have a trial right here.”
Hannah is sure Michael’s suffering has unhinged him; he is hallucinating, imagining them to be in Sitka or somehow otherwise back in civilization.
“Really, we can do it, Hannah. There is no need to wait.”
“Michael, please. Try to sleep. I will cook something.” There is nothing except some porcupine bones to grind and the hide to boil. Hannah imagines she can strain the crude bullion through a rag to remove the quills.
“All we need is a judge and a prosecutor.” Michael laughs. “We’ve already got a prisoner. And of course, it would be a bit more proper to have a witness. Do you think you could send Hans to the Indian village to find that old man?”
“A trial. It requires a jury, lawyers. You must have a defense,” Hannah protests. “You must have a fair trial. A fair trial is . . . civilized.”
Michael rolls his head from side to side, dismissing her argument, then opens his hands above his head and raises them against the ropes. Since expending the last of the ammunition, Hans has rebound him tighter and tighter as his limbs waste away, arguing that they have no defense against his escape.
“I’ll confess. I’ll sign a confession.
Nolo contendere
, they call that. No contest, no defense necessary. Please, Hannah. Please.”
He begins to cry. Hannah goes to him, kneels, and cradles his head in her hands, while he sobs, crooning soft, meaningless words to him as if he were a child with a fright.
The idea of a trial swells and grows like rising bread. All laws are simply an agreement among the members of a community, she reasons to herself, a consensus of what is best for all. Three is a small number, but they are still a community—fractured and tortured, but a community nonetheless. For that matter, she rationalizes, they might be all the people left in the world, and still no less responsible for seeing justice done.
The night snaps with cold, and the aurora plays overhead. From the darkness of the forest outside the hut comes the scream of something small dying. Over a spoonful of ground bones and skin-fat, Hannah says to Hans, “You must go to the Indian village tomorrow. Bring Negook back with you.”
“All those in favor say ‘aye.’” Hannah utters the words in a monotone, looking down at the paper before her. Her fingers toy nervously, touching first the pen with which she writes, then the paper, then the meat mallet that serves as her gavel.
We, the members of this community located at Lituya Bay in the Territory of Alaska, for the purposes of enforcing the law and attending to the welfare of the members of the community, do by this document create the community of Lituya Bay.
From his perch on the edge of his bunk, Michael whispers, “Aye,” staring at his hands, which are crossed and tied before him. Nelson sprawls sideways at the table, the back of his hand propped to his mouth with one elbow. He breathes harshly through his nose as if angry, his eyes tracking back and forth between his wife and the prisoner. Negook squats on his haunches in the corner, a shadow caped in furs, head tilted, eyes closed, listening.
“How do you vote, Hans?” murmurs Hannah.
“Damn it, Hannah.” When Hans removes his hand from his mouth to speak, his lips are mottled and red. The first stage of scurvy is beginning to loosen his teeth, and the salty taste of blood oozing from his swollen gums is on his tongue. “Damn it, this is insane.”
Hannah’s gavel bangs once against the table. “How do you vote, Hans?” Her stare is as flat as her voice.
Hans sighs, tilts his head to cover his eyes with his hand, and mutters, “Aye. Aye, damn it.”
The gavel bangs again. “So carried.”
Negook smiles briefly to himself at the way the woman uses the wooden hammer to coerce the blond man. The Tlingit, too, use a talking stick in their meetings, a finely carved staff that gives the bearer the right to be heard uninterrupted. But the bulk of their unfathomable impulses and formal procedures are simply puzzling.
The pen whispers, scratching Hannah’s signature across the paper before she pushes the document to Hans. “Sign it.”
After Hans scribbles his name, she places the pen in Severts’s fingers, adjusting the instrument to rest comfortably in his lashed wrists, and holds the paper flat to the table. The Irishman’s grip is weak. The pen shakes as it forms his name.
Hannah blows on the signatures, then lays the article of incorporation aside. From her journal she razors another sheet of cream-colored paper, slicing slowly along the book’s spine. After carefully aligning the paper before her so it lies square and straight to the edge of the table, she dips the pen into a concoction of lamp black and alcohol and begins to write.
The pen catches, dragging at the parchment, and the nib spills a crude blot of the improvised ink. Hannah’s chest heaves at the ugliness beneath her hand, and she wavers, mouth gulping at nothing. Laying the pen carefully aside, she removes the defiled paper and begins cutting another sheet from the journal.
“Christ, Hannah. What does it matter?” Hans’s voice is bewildered, taut with frustration.
Hannah does not look up as she concentrates on the razor and the precise excision of the paper from its binding. “It must be proper,” she says softly. “It must be done right.”
A quarter of an hour passes. Fifteen minutes of the pen hissing
scritch-scritch
between softly spoken questions, the answering “Ayes,” and long silences. The tense silences are punctuated by the subdued crackling of the stove and the
kloonk-kloonk
of ravens calling through the forest. Michael shivers and hefts a blanket stiff with grime around his thin shoulders. Hans crosses and uncrosses his legs, jiggles one foot, and rubs his chin. The shaman is as still as a stump. At the end of the quarter hour the single sheet of paper says:
A RECORD OF THE ELECTION OF OFFICIALS IN THE COMMUNITY OF LITUYA BAY, TERRITORY OF ALASKA
Winter of 1899
All votes taken by outcry
In the election of a judge, running unopposed, Hannah Butler-Nelson.
Affirmative 3, in opposition 0.
Hannah Butler-Nelson is hereby declared judge for the community of Lituya Bay.
In the election of a prosecutor of the court, running unopposed, Hans Nelson.
Affirmative 3, in opposition 0.
Hans Nelson is hereby declared prosecutor for the court of Lituya Bay.
The results of this election are hereby accepted and approved for the appointment of judge and prosecutor to Lituya Bay, and all powers of enforcement transferred unto the hands of those elected.