Gold Part 43

"I'll bear witness for one," offered Dr. Rankin, looking up from his work, "and on a good many things."

"Look out, d.a.m.n you!" muttered Carhart.

"I've been called to a good many cases of gunshot wounds," continued the doctor steadily, "and I've kept quiet because I was given to understand that my life was worth nothing if I spoke."

"You'd better keep your mouth shut!" warned the bandit.

"Now," pursued the doctor, "I personally believe the time has come to a.s.sert ourselves. I'm in favour of serving notice on the whole lot, and cleaning up the mess once and for all. I believe there are more decent men than criminals in this camp, if you get them together."

"That's my idea," agreed Johnny heartily. "Get the camp together; I'll see every man in it and let Woodruff tell his tale, and then let Old or me tell ours."

"And I'll tell mine," said Dr. Rankin.

Danny Randall shook his head.

"They'll rise to it like men!" cried Johnny indignantly. "n.o.body but a murderer and cattle thief listening to that story could remain unmoved."

"Well," said Danny, "if you won't just quietly hang these fellows right now, try the other. I should string 'em up and shut their mouths. You're too early; it won't do."

CHAPTER x.x.xV

THE TRIAL

The meeting took place in the Bella Union, and the place was crowded to the doors. All the roughs in town were on hand, fully armed, swearing, swaggering, and brandis.h.i.+ng their weapons. They had much to say by way of threat, for they did not hesitate to show their sympathies. As I looked upon their unexpected numbers and listened to their wild talk, I must confess that my heart failed me. Though they had not the advantage in numbers, they knew each other; were prepared to work together; were, in general, desperately courageous and reckless, and imbued with the greatest confidence. The decent miners, on the other hand, were practically unknown to each other; and, while brave enough and hardy enough, possessed neither the recklessness nor desperation of the others. I think our main weakness sprang from the selfish detachment that had prevented us from knowing whom to trust.

After preliminary organization a wrangle at once began as to the form of the trial. We held very strongly that we should continue our usual custom of open meeting; but Morton insisted with equal vehemence that the prisoners should have jury trial. The discussion grew very hot and confused. Pistols and knives were flourished. The chair put the matter to a vote, but was unable to decide from the yells and howls that answered the question which side had the preponderance. A rising vote was demanded.

"Won't they attempt a rescue?" I asked of Danny Randall, under cover of the pandemonium. "They could easily fight their way free."

He shook his head.

"That would mean outlawing themselves. They would rather get clear under some show of law. Then they figure to run the camp."

The vote was understood to favour a jury trial.

"That settles it," said Danny; "the poor d.a.m.n fools."

"What do you mean?" I asked him.

"You'll see," said he.

In the selection of the jury we had the advantage. None of the roughs could get on the panel to hang the verdict, for the simple reason that they were all too well known. The miners cautiously refused to endorse any one whose general respectability was not known to them. I found myself one of those selected.

A slight barrier consisting of a pole thrown across one corner of the room set aside a jury box. We took our places therein. Men crowded to the pole, talking for our benefit, cursing steadily, and uttering the most frightful threats.

I am not going to describe that most turbulent afternoon. The details are unessential to the main point, which was our decision. Counsel was appointed by the court from among the numerous ex-lawyers. The man who took charge of the defence was from New York, and had served some ten years in the profession before the gold fever took him. I happen to know that he was a most sober-minded, steady individual, not at all in sympathy with the rougher elements; but, like most of his ilk, he speedily became so intensely interested in plying his profession that he forgot utterly the justice of the case. He defended the lawless element with all the tricks at his command. For that reason Woodruff was prevented from testifying at all, except as to his owners.h.i.+p of the cattle; so that the effect of his pathetic story was lost. Dr. Rankin had no chance to appear. This meeting should have marked the awakening of public spirit to law and order; and if all the elements of the case had been allowed to come before the decent part of the community in a common-sense fas.h.i.+on, I am quite sure it would have done so. But two lawyers got interested in tangling each other up with their technicalities, and the result was that the real significance of the occasion was lost to sight. The lawyer for the defence, pink and warm and happy, sat down quite pleased with his adroitness. A few of us, and the desperadoes, alone realized what it all meant.

We retired to Randall's little room to deliberate. Not a man of the twelve of us had the first doubt as to the guilt of the prisoners. We took a ballot. The result was eleven for acquittal and one for conviction. I had cast the one vote for conviction.

We argued the matter for three hours.

"There's no doubt the men are guilty," said one. "That isn't the question. The question is, dare we declare it?"

"It amounts to announcing our own death sentence," argued another.

"Those fellows would stand together, but who of the lot would stand by us? Why, we don't even know for sure who would be with us."

"This case ought never to have been tried by a jury," complained a third bitterly. "It ought to have been tried in a miners' court; and if it hadn't been for those soft heads who were strong for doing things 'regularly' instead of sensibly, we'd have had it done that way."

"Well," said an older man gravely, "I agree to that. I am going to be governed in my decision not by the merits of the case, but by the fact that I have a family back in the States. I consider my obligations to them greater than to this community."

I reasoned with them for a long time, bringing to bear all the arguments I had heard advanced at various times during our discussions in Danny Randall's back room. At last, seeing I could in no manner shake their resolution, I gave in. After all, I could not blame them. The case was to them only one of cattle stealing; they had no chance to realize that it was anything more. Without solicitation on my part they agreed to keep secret my opposition to the verdict of acquittal.

Our decision was greeted by wild yells and the discharge of pistols on the part of the rough element. The meeting broke up informally and in confusion. It would have been useless for the presiding officer to have attempted to dismiss court. The mob broke through en ma.s.se to congratulate the prisoners. Immediately the barkeepers were overwhelmed with work. Here and there I could see a small group of the honest men talking low-voiced, with many shakes of the head. Johnny, Old, and Cal, who had attended with his arm slung up, had their heads together in a corner. Danny Randall, who, it will be remembered, had not appeared publicly in any way, stood at his customary corner of the bar watching all that was going on. His gamblers were preparing to reopen the suspended games.

After conferring together a moment the three express messengers made their way slowly across the room to the bar. I could not see exactly what happened, but heard the sudden reverberations of several pistol shots. The lamps and gla.s.ses rattled with the concussion, the white smoke of the discharges eddied and rose. An immediate dead silence fell, except for the sounds made by the movements of those seeking safe places. Johnny and his two friends shoulder to shoulder backed slowly away toward the door. Johnny and Old presented each two pistols at the group around the bar, while Cal, a revolver in his well hand, swept the muzzle slowly from side to side. n.o.body near the bar stirred. The express messengers backed to the door.

"Keep your heads inside," warned Johnny clearly. On the words they vanished.

Immediately pandemonium broke loose. The men along the bar immediately became very warlike; but none of those who brandished pistols tried to leave the building. From the swing and sway of the crowd, and the babel of yells, oaths, threats, and explanations I could make nothing. Danny Randall alone of all those in the room held his position unmoved. At last a clear way offered, so I went over to him.

"What's happened?" I shouted at him through the din.

Danny shrugged his shoulders.

"They killed Carhart and Malone," Danny replied curtly.

It seemed, I ascertained at last, that the three had advanced and opened fire on the two ex-prisoners without warning.

As soon as possible I made my escape and returned to our own camp. There I found the three of them seated smoking, their horses all saddled, standing near at hand.

"Are they coming our way?" asked Johnny instantly.

I told them that I had seen no indications of a mob.

"But why did you do it?" I cried. "It's an open challenge! They'll get you boys now sure!"

"That remains to be seen," said Johnny grimly. "But it was the only thing to do. If Carhart and Malone had ever been given time to report on our confab the other evening, you and Danny Randall and Dr. Rankin would have been marked men. Now no one knows of your connection with this matter."

"But they'll be after you----"

"They were after us in any case," Johnny pointed out. "Don't deceive yourself there. Now you keep out of this and let us do it."

"I reckon we can handle this bunch," said Old.

"Lord! what a lot of jellyfis.h.!.+" cried Johnny disgustedly. "Danny was right enough about them. But let me state right here and once again that practical jokes on immigrants are going to be mighty unhealthy here."