CHAPTER XXXV

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 brandishing 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 damn 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 ownership 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 fashion, 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 masse 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 glasses 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. Nobody 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 jellyfish!" 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."

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