The Dead Mens Song | Page 7

Smith told me the story of that case one night after we had discussed down to the water-marks in the paper, his treasured copy of Burns. And at my very urgent solicitation he transcribed the salient features, not in all the intimate details of the spoken words, but with deep poetic feeling and rare conception of their human aspects. He wrote:
There are three poets in Burns. One is the poet you read; the second is the poet some mellow old Scot, with an edge on his tongue, recites to you; the third and most wonderful is the Burns that somebody with even a thin shred of a high voice sings to you. Burns is translated to the fourth power by singing him--without accompaniment--just the whinnying of a tenor or soprano voice, vibrant with feeling and pathos, at the right time of the evening, or in some penumbrous atmosphere of seclusion where memory can work its miracles.
I was defending Allison in that libel case and we started off on the 200-mile trip together. We had the smoker of the Pullman all to ourselves, and after I had recited some furlongs of Burns to him, he began to sing "Jockey's Ta'en the Parting Kiss" in a sort of thin and whimpering quaver of a tenor that cut through the noise of the train like a violin note through silence. I thought I knew the poem, but it seemed to me I had never dreamed what was in it, with the wail of a Highland woman pouring plaintive melody through the flood gates of her heart. And he knew every one of them and sang them all with the tailing of the bag-pipes in the sound.
I wasn't going down to practice law, but to practice patience and politics. I had been on that circuit for years and knew the court and the bar very well. So I said to Allison "Don't you sing one of those songs again until I give the sign." And the first thing I did was to bring him into touch with the circuit judge, who had the room adjoining mine at the hotel. He was a Burns lover, too; and besides as I had brought whiskey and as the town was prohibition, there was really nowhere else for the judge to spend his evenings. Soon we were capping back and forth, the judge and I, with Burns.
I don't remember now--nobody ever remembers, after a cold, snowy night outside, between Burns quotations, hot whiskies, and reminiscences, exactly how anything happens--but about 10 o'clock, maybe, Allison was somewhere between "Jockey's Ta'en the Parting Kiss," "Bonnie Doon," "Afton Water" and "Wert Thou in the Cauld Blast," and the judge and I were looking deep into the coals of the grate and crying softly and unconsciously together. You see it wasn't only the songs. Every damned one of us was Scotch-Irish and we just sat there and were transported back to the beginning of ourselves in the bare old primitive homes of us in farm and village, saw the log and coal fires of infancy blazing up again, and heard the voices of our mothers crooning and caressing those marvelous lines, and behind them _their_ mothers crooning and wailing the same back in the unbroken line to Ayrshire and the Pentland Hills. And all life was just a look into yesterday and the troubles and the struggles of manhood fell right off as garments and left us boys again. That's what's in Burns, the singing poet. That is, when anybody knows how to sing him--not concert singers with artfulness, but just a singer with the right quaver and the whine of catgut in the voice and the tailing of Scotch pipes for the swells. It was perhaps two o'clock of the morning when we stood up, said "Little Willie's Prayer" softly together, arms on shoulders, and the judge remarked:
"Allison, if you wrote like you sing Burns, maybe you wouldn't be here--but it's well worth the trouble!"
I knew then there was no more politics to practice--just law enough to be found to let the court stand firm when the time came.
The next night it was in the judge's room. Half a dozen old followers of the circuit were there on the judge's tip. "You bring your whiskey," he said to me, privately, "or there'll be none." And I brought it. And between Burns and the bottle and the long low silences of good country-bred men listening back through the soft cadences of memory, the case was won that night. I think it was Jock's song that did it. You never hear it sung by concert singers; because it has no theatricalism in it. It's just the wailing of the faith of the country lass in her lover:
'When the shades of evenin' creep
O'er the