In order that the jury might think over and discuss the evidence against
Mr. Willett and Hank Tims it was decided to leave them in full
possession of the tent in which the trial was held.
"When you've got yer minds made up," said the man who had been acting as
judge, "let me know, and I'll come in and pass sentence."
This fellow had started out to convict the accused men, and, as we have
seen, he let slip no chance to impress his prejudices on the jury.
Collins and Si Brill with two others, who had been the original guards,
took charge of the prisoners while the jury were making up their minds,
though Badger insisted that he should have the prisoners in his keeping.
"If I ain't to have 'em," he protested, "whar was the good of 'lectin'
me sheriff?"
"Not a bit of good," sneered Collins, "and if you'd had any spunk you
wouldn't have took the place. Now, take my advice and git."
Badger did "git," that is, he sought out Frank Shirley, whom he found in
the bar-room surrounded by a great crowd of men, who were drinking at
his expense and discussing the verdict at the same time.
It seemed to be the opinion of nearly all present that the jury would
soon bring in a verdict of "Guilty of the crime charged."
"If they don't do that," said the landlord, "then I'll tell you what I'm
in for."
"What's that?" asked Badger.
"I'm in for hangin' every man on the jury, and the prizners with 'em,
before the sun sets."
A cheer showed the favor with which this proposition was received.
When Shirley could get away from the crowd, he and Badger went down by
the creek where they could talk without being overheard.
"Well, Badger, what do you think?" asked Shirley.
"'Bout the verdict?"
"Yes."
"No one can't think but one way after the evidence. Why, nothin' could
be stronger."
"That's so; but do you think any one suspects?" asked Shirley,
nervously.
"Suspects what?"
"That we put up the whole job."
"Not a soul," said Badger.
"I wish I could think that."
"But you can think it."
"You forget what Mr. Willett asked you when he was cross-examining."
"What was that?"
"His question was, '_Badger, did not you kill Tom Edwards?_'"
As Frank Shirley repeated these words he looked into Badger's face and
saw the color flying and the thick lips trembling.
"Why do you speak in that kind of a way to me?" stammered Badger. "Ain't
I stuck by you and did what I said? And so far as the killin' of Tom
Edwards is consarned, didn't you help plan the job, and didn't you stand
by while I carried it out?"
"That is all true, Badger; but I am not going back on you----"
"Then why do you speak that way?"
"Because I want you to understand that Willett suspects the whole truth.
Indeed, he stated the case from beginning to end as if he knew all about
it."
"Wa'al, if he does, I didn't tell him."
"Of course not, Badger; but you must see that those who think Willett
and Hank Tims innocent will at once say, 'Some one killed Tom Edwards,
and we should find the guilty parties.'"
"And that's the thought that skeers you?"
"I must confess, Badger, it makes me feel very uneasy," said Shirley.
"I thought you had more nerve."
"I am not lacking in that, but caution is better than nerve; and I've
been thinking that the sooner we can get out of this place the better."
"I'll allow yer right thar, Mr. Shirley; but if we was to get away in a
hurry, them that suspects us would foller up and hunt us down like wild
beasts. Why, Collins, he's jest a spilin' to have a fuss with us, and
I'm bound that he shan't, for he's powerful ugly with a six-shooter."
"Still, I want to get away. There is no doubt in my mind as to the fate
of young Sam."
"Thar shouldn't be, for thar ain't no more doubt about him and all the
rest of his gang bein' drownded than thar is that that jury over thar
will bring in a verdict of guilty," and Badger jerked his head in the
direction of the canvas hotel.
"And they will hang the prisoners?"
"You can bet they will, and in short order, too."
"To-day?"
"Yes, to-day."
"Then my mission will be accomplished, and it would be folly to stay an
hour in this savage hole if I can get out of it and go to wealth and
friends."
"And I'll stick by you, no fear of that, leastwise till I get my share
of the swag, and then I think I'll marry and try to lead a more
decentish life than I have been doin'----"
Badger was stopped in his statement of good resolutions by a loud cheer
coming from the hotel.
"Halloo! what's that?" asked Shirley.
"It must be the vardict; let us go and see," replied Badger, and he at
once started off in the direction of the noise, followed by his nervous
employer.
Badger was right in his guess.
The jury had sent out word that they had agreed on a verdict.
The preceding excitement was great, but it was calmness itself compared
with that that stirred the miners when it became known that the jury
were ready to report.
From the bar and the tents and huts round about men poured into the
place of trial.
Badger had to run to get up in time, for he did not see how business
could go on without the presence of the sheriff.
Mr. Willett and Hank Tims sat in the place they had occupied during the
trial.
The judge, flushed with liquor, took his place and rapped and shouted
for order.
The twelve jurymen and the prisoners were the only calm persons present,
and even their faces showed that they fully appreciated the situation.
When the judge, after breaking the heavy glass and splintering the
little pine table by his side had succeeded in getting the mob down, he
turned to the jury and said:
"Gents, have you got a verdict?"
"Yes," coughed the one acting as foreman.
"All unanimous?"
"Yes."
"Wa'al, let's have it," said the judge.
The silence became profound on the instant.
Men with watches could hear them ticking, and men with hearts became
painfully aware of the fact.
Though a big, strong fellow, the foreman was trembling when he rose to
his feet, and he tried to cough behind his hand several times before he
could get control of his voice. At length he managed to say:
"We find that the two prizners is----"
Here he stopped and coughed again, and he undoubtedly would have sat
down without finishing the sentence had not the judge shouted:
"Wa'al, the prizners is what?"
"_Guilty!_" came the reply.
On hearing this Badger tried to lead a cheer with the help of the judge,
but as the farce was not yet over, some one cursed him and told him to
"shut up."
"I don't well see how you could fotch in any other vardict," began the
judge. "Fact is, you couldn't have did it and continued to live among
the people at Hurley's Gulch that's in for law and order and fair play;
so I say you've all done yer duty nobly like good feller citizens."
This opinion met with some applause; then the judge turned to Mr.
Willett and Hank, and in a voice intended to be very solemn, as it
certainly was very hoarse, he called out:
"Presners at the bar stand up!"
The two men rose, and Mr. Willett cast a quick glance over the crowd in
the hope of seeing the friendly faces of Collins and his partner, Si
Brill, but they were not in sight.
"Have either of you men anythin' to say why I shouldn't now pass
sentence of death on you?"
"Only this," said Mr. Willett: "that you will pass sentence of death on
innocent men."
"It is the sentence of this court that the committee and the sheriff of
this yar court take you two prizners out of this place at once and hang
you both till you are dead, dead, dead!" said the judge, with a fierce
emphasis on the last word.