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Viola Gwyn Part 49

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He ran as the huntsman or the Indian runs,--almost soundlessly, like the wind breezing over dead leaves or through the tops of reeds.

Three men stepped out from behind a wagon on the far side of the square. The flare of a bonfire reached dimly to the corner around which the fugitive had scurried. One of the men gave vent to a subdued snort and then spat hurriedly and copiously.

"We'll never see hide nor hair of him again," quoth he. "He won't stop running till daybreak. I guess you'd better wait about ten minutes, Jake, and then fire a few shots. That'll put new life into him. Course, a lot of blamed fools will cuss the daylights out of me for letting him get away right under my nose, and all that, but let 'em talk. He's gone for good, you can bet on that,--and the county's lucky to get rid of him so cheaply."

"I guess you're right, Sheriff," agreed one of his companions.

"From all I hear, Mrs. Gwyn would have a hard time provin' it was him as stole her--"

"Supposin' she did prove it, what then?" broke in the high sheriff of the bailiwick. "The county would have to feed him for a couple of months or so and then turn him loose again to go right back to stealing, same as before. The best way to punish a thief, accordin'

to my notion, is to keep him everlastingly on the jump, scared to death to show his face anywheres and always hatin' to go to sleep for fear he'll wake up and find somebody pointin' a pistol at him and sayin,' 'Well, I got you at last, dang ye.' Besides, lockin'

Mart up isn't going to bring back Mrs. Gwyn's sheep, is it?"

"When that gal of his tells her story in court to-morrow," advanced the third member of the group, "there'll be plenty of people in this town that won't be put off a second time by any fife and drum s.h.i.+nanigan."

"Anyhow," said the sheriff, "I didn't want to have the blamed skunk on my mind while we're organizin' the company. It's bad enough havin' to go out and fight Indians without worryin' all the time I'm away about whether anybody back here has had sense enough to keep Martin from starvin' to death. I guess we'd better mosey along up to the drill ground, boys. Martin's got into the bushes by this time, and if I'm any kind of a guesser he ain't dawdlin' along smellin' every spring flower he comes across."

"Don't you think you'd better go over an' take a look around the jail first?"

"What for? There ain't anybody in it."

"No, but like as not the dog-gasted whelp run off with that padlock, an' we'd ought to know it before he gets too big a start. Padlocks cost money," explained the other, with a dry chuckle and a dig in the sheriff's ribs.

"So do prisoners," was the rejoinder of this remarkable sheriff.

And thus it came to pa.s.s that between the sheriff and Kenneth Gwynne and Moll Hawk, the county got rid of three iniquitous individuals.

One rode forth in broad daylight on a matchless thoroughbred; another stole off like a weasel in the night, and the third took pa.s.sage on the s.h.i.+p that Never Returns.

CHAPTER XXVII

THE TRIAL OF MOLL HAWK

The trial of Moll Hawk was a brief one. "Judge" Billings, as foreman of the jury, asked permission of the Court to make a few remarks before the taking of testimony began.

"Your honour, this here jury got together last night and sort of talked things over while Mr. Benbridge and other patriotic citizens of Lafayette were engaged in organizing a number of n.o.ble and brave-hearted gentlemen into a company of soldiers to give battle to the bloodthirsty red man who is about to swoop down upon us, with tommyhawk and knife and rifle, to ravage our lands and pillage our women--er--I mean pillage our lands and--er--so forth. As I was saying, your honour, we talked it over and seeing as how we have all enlisted in Mr. Benbridge's troop and he sort of thought we'd better begin drilling as soon as possible, and also seeing as how this here trial is attractin' a good deal of attention at a time when we ought to be thinkin' of the safety of our wives and children,--if we have any,--we came to the conclusion to address you, sir, with all respect, and suggest that you instruct the counsel on both sides to be as lenient as possible with the jury.

"This here innocent girl's father broke out of jail and got away.

As far as this here jury knows he ain't likely ever to come back, so, for the time being at least, there don't seem to be anybody we can hang for the crime with which the prisoner at the bar is charged.

This jury was picked with a great deal of care by the sheriff and is, I am reliably informed, entirely satisfactory to both sides of the case.

"In view of the fact that Black Hawk's warriors are reported to have been seen within twenty miles of our beautiful little city, and also in view of the additional fact that Mrs. Rachel Gwyn, one of our foremost citizens and taxpayers, has recently informed me,--and your honour also, I believe, in my presence,--that she intends to give this poor girl a home as soon as she is lawfully discharged by the jury as not guilty, we, the jury, implore your honour to keep an eye on the clock. As we understand the case, there were only two witnesses to the killing of the villain against whom this young woman fought so desperately in self-defence. One of 'em is here in this courtroom. The other is dead and buried. It is now ten minutes past nine. We, the jury, would like for you to inform the counsel on both sides that at precisely ten o'clock we are going to render a verdict, because at a quarter-past ten the majority of us have to attend a company drill. The lawyer for the prisoner enlisted last night as a private in our company, and so did the prosecuting attorney."

"This is a most unusual and unprecedented action on the part of a jury," said the Court gravely. "However, in view of the extraordinary circ.u.mstances, I feel that we should be as expeditious as possible in disposing of the case on trial. Gentlemen, you have heard the remarks of the foreman of the jury. Have either of you any reason for objecting to the suggestion he has made? Very well, then; we will proceed with the trial of Mary Hawk, charged with murder in the first degree. Call your first witness, Mr. Prosecutor."

The little courtroom was jammed to its capacity. Hundreds, unable to gain admission, crowded about the entrance and filled the square.

The town was in the throes of a vast excitement, what with the trial, the Indian uprising in the north, the escape of Martin Hawk and the flight of Barry Lapelle, hitherto regarded as a rake but not even suspected of actual dishonesty. The Paul Revere, with Captain Redberry in charge, had got away at daybreak, loaded to the rails with foot-loose individuals who suddenly had decided to try their fortunes elsewhere rather than remain in a district likely to be overrun by savages.

Moll Hawk sat in front of the judge's table and at her side was Kenneth Gwynne. Mrs. Gwyn and Viola occupied seats on a bench near one of the windows, facing the jury. The prisoner was frightened.

She was stiff and uncomfortable in the new dress the sheriff's wife had selected for her. Her black hair was neatly brushed and coiled in two thick lobs which hung down over her ears. Her deep-set eyes darted restlessly, even warily about her as she sat there in the midst of this throng of strange, stern-faced men. Now and then they went appealingly to Mrs. Gwyn or Viola or to the sheriff's wife, and always they seemed to be asking: "What are they going to do to me?"

The prosecuting attorney, a young man of slender experience but chivalrous instincts, solemnly announced that he had but two witnesses to examine and then he was through. He called the undertaker to the stand.

"In as few words as possible, tell the jury who it was that you buried yesterday afternoon."

"Jasper Suggs."

"Was he dead?"

"He was."

"That's all, your honour."

"Any questions, Mr. Gwynne?" inquired the judge.

"None, your honour."

"Call your next witness, Mr. Prosecutor."

"Mr. Sheriff, will you take the stand for a moment? Did you see the defendant along about four o'clock yesterday morning?"

"I did."

"State where."

"At her father's cabin."

"State what had happened there prior to your arrival, if you know."

"This defendant had had a little difficulty with the corpse, and he was dead on the floor when we got there."

"From a knife wound?"

"Yes, sir."

"Who inflicted that wound, if you know?"

"Miss Mary Hawk."

"You are sure about that, Mr. Sheriff?"

"Pos-i-tively."

"How can you be sure of that, sir, if you did not witness the deed with your own eyes?"

The Court rapped on the table.

"This is your own witness, Mr. Prosecutor. Are you trying to cross-examine him, or to discredit his testimony?"

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