CHAPTER XX

“YOU DAMNED JUDAS”

NOT for years had Shoshone County been so interested in any public event

as it was in the trial of Rowan McCoy for the murder of Dan Gilroy.

Scores of ranchmen had driven in from the hills to be present either as

witnesses or spectators. North of town was a camp with two chuck wagons

where the cattlemen kept open house for all the range riders who had

ridden down to Wagon Wheel. A beef had been killed and a cook engaged.

Everybody was welcome to help himself. At the opposite end of town the

sheepmen also had a camp, for the two small hotels were entirely

inadequate to hold those in attendance.

The sentiment of the people was strong for a conviction. Rowan had many

friends, and the cattle interests were anxious to see him acquitted. But

the killing of Gilroy had been so unprovoked that it had aroused a

bitter and widespread resentment. The feeling of those not involved in

the cattle and sheep war was that an example must be made. Shoshone

County had irrigated lands for sale. Its oil fields were on the market

for exploitation. Its citizens were eager to prove to the world of

investment that the wild, turbulent days were past, that Wyoming had

arrived at a responsible sobriety which would not tolerate lawlessness.

Once for all they meant to show the night raiders that they were within

reach of the courts.

Haight, the new district attorney, was a young man, almost a stranger in

the county, and he wanted a record for convictions. Therefore he brought

McCoy to trial for the murder of Gilroy rather than Tait. Gilroy had

many friends and no personal enemies. He was a quiet, peaceable man.

Apparently he had been shot while unarmed and trying to escape. His

killing had been wanton and unprovoked. It might be claimed that Tait

had always wanted trouble and that he had been struck down while firing

at his enemies. But in the case of Gilroy this plea would not stand.

The courtroom was crowded to the windows. Two bailiffs stood at the door

and searched every man that entered; for the feeling was so intense that

the authorities did not want to take the chance of any possible

outbreak. A gun in a hip pocket was too easy to reach.

In his opening statement the district attorney told the story of the

sheep and cattle war. He traced the source of the bad feeling between

the prisoner and Tait, and showed that the bitterness extended to

Silcott and Falkner, two others charged with this murder, one of whom

had been wounded and the other beaten up by the sheepman. The

prosecution would prove that both Silcott and Falkner had made threats

against Tait, that Falkner had been seen to take a rifle from a ranch

bunk house in the dead of night, and that McCoy had led the party which

killed the two sheepmen. It was, he claimed, immaterial to the case of

the State whether McCoy had or had not fired the shot that killed

Gilroy. He would introduce evidence tending to show that the prisoner

actually had fired the shot, but his honour would tell the jury that

this was not necessary to prove guilt. The testimony would show that

McCoy with three of his companions rode back to the Circle Diamond

Ranch, pretended to the housekeeper that they had spent the night there,

and after breakfast returned to the round-up camp, burying on the way

the rifle that Falkner had been seen to take the night before.

Bit by bit, with the skill of the trained lawyer, Haight used his

witnesses to spin a web around the accused man. He showed how, after the

arrival of Silcott at the camp the night before the raid, McCoy decided

unexpectedly to drive the Circle Diamond cattle home and took with him

Cole and Silcott. Shortly afterward Rogers and Yerby had departed with

flimsy excuses. Falkner had stolen away without any assigned reason.

They had not been seen again at camp until late next morning. Hans

Ukena, a rider for the Triangle Dot, testified that he had been sleeping

in the bunk house the night in question and was wakened by a noise. By

the light of the moon he saw Falkner pass through the open door,

carrying a rifle in one hand and an ammunition belt in the other.

The interest grew tense when Sheriff Matson took the stand. The big

tanned Westerner made a first-class witness. He gave his evidence with a

quiet confidence that carried weight. As he told the story of how he had

followed the trail of the raiders foot by foot from the scene of the

crime to the Circle Diamond Ranch the hopes of the defense sank. For the

best part of a day he was put through a gruelling cross-examination in

an attempt to show that it would have been impossible to identify

hoofprints and boot marks after they had been covered with snow. Not

once did he contradict or falter as to his facts. He left the stand with

the jury convinced that he had told the plain truth.

It had taken three days to select a jury and four more to examine

witnesses to date. Wagon Wheel buzzed with gossip. The rumour would not

down that one of the prisoners had turned State’s evidence and was to be

put on the stand next morning.

A wise curbstone prophet mentioned the names of Silcott and Yerby. “It’s

one of them sure. Shouldn’t wonder if it’s both of them,” he announced

at the bar of the Silver Lode.

“You got another guess,” interrupted a hillman roughly. “I know ’em

both. Won’t either of them squeal. They’ll go through.”

“That’s all very well. But if McCoy dragged them into this thing——”

“He didn’t. They’re not kids. If they went in it was with their eyes

open.”

Ruth, torn by conflicting emotions, had been present with Mrs. Flanders

all through the trial. The testimony of Matson had left her shaken with

dread. She felt now that Rowan was guilty, and she believed he would be

convicted. But it was impossible for her not to admire his courage under

fire. His nerve was so cool and steady, his frank face so open and

friendly. One might gather from his manner that he was greatly

interested, but not at all anxious.

Immediately after court was declared in session next morning, Haight

turned to the bailiff.

“Call Larry Silcott.”

A murmur swept like a wave through the courtroom. Men and women craned

their necks to see the young cowman as he passed to the witness stand.

Ruth noticed that Larry’s face was gray and that he kept his eyes on the

floor. But even then she had no premonition of what he was about to do.

But Rowan knew. While Silcott answered nervously the first routine

questions of the lawyer, the prisoner watched him steadily with a

scornful little smile. Rowan had taught him the practical side of his

business, had looked after his cattle, given him his friendship. Once he

had dragged him out of the Fryingpan when he was drowning. His feeling

for the younger man was like that of an older brother. He had felt an

affectionate pride in his pupil’s skill at roping and at riding. Now

Larry, to save his own skin, was betraying him and the rest of his

companions.

Haight was very gentle and considerate of his star witness. But Silcott

was in hell none the less. Dry-lipped and pallid, with tiny sweat beads

on his damp forehead, he faced row upon row of tense, eager faces all

hanging on what he had to tell. Not one of them all but would despise

him. His stripped and naked soul writhed, the vanity for once burned out

of him. He shivered with dread. It was being driven into him that though

he had bought his life he must pay for his treachery with years of

isolation and contempt.

The prosecuting attorney led him over the story of the night when he had

ridden with the sheep raiders. Step by step the witness took the party

from the round-up to the camp at Bald Knob.

“Who had charge of your party?” continued Haight.

“McCoy.”

“Did you elect him leader?”

“No. He just took command. He was boss of the round-up.”

“Who assigned you positions before the attack?”

“McCoy.”

“In what order did he place you?”

“Counting from the left, Cole, Yerby, Rogers, myself, Falkner, McCoy.”

“Will you show on the map just how you were placed with reference to the

camp and each other?”

Silcott took the pointer and illustrated the position of each man.

“Which of you was nearest the camp?”

“McCoy was closer than the rest of us.”

“When was the first shot fired?”

“I judge we were about a hundred yards from the wagons.”

“Did it come from the camp or was it fired by one of your party?”

“By one of us.”

“Were any of the sheepmen then in sight?”

“No.”

“Was it fired to draw them from cover so as to get at them?”

The chief lawyer for the defense was on his feet instantly with an

objection. The court ruled the question out of order.

Haight rose, took a step toward the witness, and paused a moment.

“Who fired that shot, Mr. Silcott?”

Larry’s eyes went furtively about the room, met those of McCoy, and

dropped to the floor. “It—it came from the right.”

“How do you know?”

“By the smoke and the sound.”

“Did you see who fired it?”

“Falkner or McCoy; I wasn’t sure which.”

Again Rowan’s lawyer objected and was sustained. The judge cautioned the

witness to tell only what he knew.

Silcott went over the story of the shooting of Tait with great detail.

The prosecuting attorney made another dramatic pause to let the audience

get the significance of his next lead.

“Were you where you could see Dan Gilroy when he ran from the wagon?”

“Yes.”

“Will you tell exactly what happened when Gilroy ran from the wagon?”

“He ran out from the back and started for the brush.”

“Was he armed?”

“No.”

“Proceed. What happened?”

“He had run about thirty feet when somebody fired. He fell.”

“Were any more shots fired?”

“No. That was the last.”

“From what direction did it come?”

“From my right.”

“How do you know?”

“By the sound and the smoke.”

“Where did the smoke rise with relation to the defendant?”

Silcott moistened his dry lips with his tongue. He was sweating blood.

“It was close to him.”

Haight threatened him with his forefinger. “Won’t you swear that the

defendant fired that shot? Don’t you know he fired it?”

“I—I can’t swear to it.”

“Weren’t you convinced that it was McCoy who——”

The defense objected angrily: “The witness has answered the question. Is

the prosecuting attorney trying to bully him to change that answer?”

When at last Haight was through with him the witness dripped with

perspiration. But his troubles were only beginning. The lawyers for the

defense took him in hand, made him confess his obligations to McCoy,

brought out that he himself had proposed the raid, and wrung from him

that he was turning State’s evidence to save his own life at the expense

of his friends. Two points they developed in favour of their

client—that he had repeatedly warned his friends against shooting and

that he had saved the lives of the herders from Falkner.

But though Silcott was left a rag, his story stood the fire of

cross-examination. When he stepped down from the stand he left behind

him a net of evidence through which McCoy could not break.

As Larry moved down the aisle someone in the back part of the room broke

the silence: “You damned Judas!”

Instantly echoes of the word filled the courtroom. The judge pounded

with his gavel for silence, but that low-hissed “Judas! Judas!” pursued

the young cowman down the stairs. It would be many years before he could

recall without scalding shame that moment when the finger of public

scorn was pointed at him in execration.

Troubled Waters(#69342) · 第 20 / 34 章