OPEN AND SHUT

"Well," said the district attorney, "you can't hold this man on any

such biased evidence as this."

"But you see I am holding him," pointed out Billy Wingo.

"They'll get him out on a writ of habeas corpus."

"They? Who's they?"

"His friends. I suppose the man has friends."

"Oh, yes," acquiesced Billy, "the man has friends. Too many friends."

The district attorney looked away. "You'd better let him escape--or

something," he suggested brazenly. "We--we mustn't be made ridiculous,

you know."

"We? We? Don't get me mixed up with you, Rale. I'm particular who I

bracket with, sort of. Another thing, the last time you were in here

you went out on your head, remember. Well, lemme point out that you're

here, I'm here, so's the door, and history is just the same thing over

again."

The close-set little eyes wavered. "I tell you, Wingo, the case looks

black for you too."

Billy Wingo rolled and lit a placid cigarette before he spoke. "Black?

For me?" Inquiringly.

"I'm afraid so."

"You mean you hope so. Go on."

"There are a great many strange things about the whole affair. For

instance, why was Judge Driver wearing your clothes when the bodies

were found? If, as you say, you saw the whole thing, why did you not

prevent the murder? How do we know that you did not kill both Tom

Walton and the judge and then lay the blame on this stranger?"

"You don't know," admitted Billy. "That's the worst of it. But you

will know. Yeah, you will know."

"I intend to look into your side of the case very closely, Wingo,"

declared the district attorney. "It may be that everything has not yet

been told."

"There is more in this than meets the eye," nodded Billy.

"Considerable more."

"If you persist in holding this man for a hearing," said Rale

impressively, "it may--will, I should say--involve you. I'd hate to

see you get into trouble."

"I'll bet you would," Billy concurred warmly. "You'd hate it like you

do your left eye. But I'm gonna gamble with you. I'll hold the man

till the judge decides what to do."

"In that case, I'll send for Judge Clasp at once."

"Why Judge Clasp? Why bother that old gent?"

"Because Driver's dead," the district attorney explained impatiently.

"We have to have a judge to hold the hearing."

"Oh, I know all about that. I've sent for one."

"Who?"

"Judge Donelson."

"But he's the Federal judge, and he lives way over in Hillsville,"

objected Rale. "Judge Clasp is nearer. In a case of this kind when

the judge of a district is unavailable, the nearest judge takes over

the district. The statutes----"

"The statutes say 'any judge,'" interrupted Billy Wingo. "On this

point I am quite clear. I looked it up to make sure. 'Any judge'

means 'any judge.' Nothing else. And you know that Judge Donelson is

a territorial as well as Federal Judge. Technicalities can't pull your

wagon out of this hole, Arthur, old settler."

"I shall send for Judge Clasp at once," bumbled Arthur, old settler.

"If you send right away, he should be here by day after to-morrow.

Yep, day after to-morrow at the earliest."

"Judge Donelson can't get here till the day after that," said Rale

triumphantly.

"Oh, he can't, can't he?" smiled Billy. "Unless he has an accident

he'll be here to-morrow. You see, Arthur, I started Riley Tyler off to

Hillsville ten minutes after I arrested Slike. That's why I'm gamblin'

that Judge Donelson will get here first."

The district attorney openly lost his temper. "I don't regard the

evidence as given sufficient for indictment. I shall ask the judge not

to hold him."

"Don't do anything rash, Arthur. Remember the hearing will be at the

Walton ranch to-morrow afternoon."

"The Walton ranch! It'll be held here in Driver's office, that's where

it will be held."

"Not a-tall. I want Judge Donelson to see the layout. Then he'll be

able to tell better what's what. The Walton ranch to-morrow afternoon.

Don't forget."

"Your Honor, I don't see how this man can be held," protested the

district attorney. "I claim that the sheriff's testimony is biased.

How do we know that it wasn't the sheriff himself who murdered both men

and wounded Slike?"

"You can easily see, Judge," put in the coroner smoothly, "How flimsy

the evidence is against the prisoner. It is practically his word

against the sheriff's The prisoner has explained everything--how he was

coming to the ranch on business and was arrested by the sheriff the

minute he stepped inside the doorway. Why, your Honor, it's the

plainest open-and-shut case I ever saw. Absolutely nothing to it."

"The coroner's right," boomed the district attorney. "And I hereby ask

that Dan Slike be released from custody and----" he paused dramatically.

"Well--" prompted Judge Donelson, his old eyes inscrutable.

"And I feel it my duty to charge the sheriff, William H. Wingo, with

the murder of Thomas Walton, the murder of Judge Driver, and assault

with intent to kill upon Daniel Slike."

"Didn't the coroner's jury bring in a verdict of 'at the hands of

persons unknown'?" inquired Judge Donelson.

"They did," admitted the district attorney, "but it was in direct

opposition to the evidence. Indeed, the coroner instructed the jurymen

otherwise."

"Then he exceeded his duty. But that by the way. The jury brought in

a 'persons unknown' verdict. However, I do not agree with the jury."

"I knew you would not," the district attorney cried triumphantly.

"No, I believe the person is known. Sheriff, will you tell us in your

own words, how you happened to be on hand in time to be a witness of

the murder of Judge Driver?"

Like so many trained seals those present turned their heads to stare at

the sheriff. Some eyes were friendly, some noncommittal, but the

majority were unfriendly. This was because the crowd consisted largely

of county office-holders. Billy gave a straightforward and detailed

account of everything that had led up to the murder of Judge Driver.

As he concluded his story Judge Donelson nodded a slow head. "Why did

you not immediately enter the ranch house after you looked in the

window and saw the boot soles of the dead man?"

"Judge," said Billy, with a whimsical smile, "suppose now you went out

hunting and you wanted to get more than one deer and had only one

cartridge, what would you do--shoot the first deer you saw or wait till

you got two in line?"

"I see," nodded the Judge. "I see. Still, Sheriff, there is the word

of Dan Slike. It would have been better had you had another witness."

"Another witness," said Billy. "If that's all you want I have one.

Riley Tyler, stand up."

The younger deputy stood up and was duly sworn. He deposed that the

sheriff's match signal to Guerilla Melody to send the judge down to the

house had been also a signal to him, Riley Tyler, to come down from the

flat and take position under the window directly opposite the one at

which the sheriff was posted. All this had taken place according to

plan. Riley Tyler had heard every word uttered by both the judge and

Dan Slike and had also seen Slike shoot the judge. Furthermore he had

talked with the Federal deputy marshal in Hillsville and learned that

the marshal had never even thought of asking Judge Driver to approach

the sheriff concerning the alleged bootlegging activities of Jake

Kilroe.

Riley Tyler concluded his testimony and sat down, taking occasion as he

did so to wink at the district attorney. The latter glared back with

frank dislike.

"The evidence I have just heard," said Judge Donelson, "is clear.

There is no shred, jot or tittle of it that throws suspicion on Sheriff

Wingo. I will hold Daniel Slike for the grand jury. If Judge Driver

were alive, I would hold him as accessory before and after the fact.

Do you still think, Mr. Rale, that Mr. Wingo should be held?"

"Why--uh--uh----" stalled the district attorney.

"Tell me," persisted Judge Donelson, "exactly what you think?"

But the district attorney did not dare tell Judge Donelson anything

like that. Instead he said, with a smile he strove to make natural and

pleasant:

"Hold Mr. Wingo? Certainly not. I have misjudged him. I am sure he

will not bear malice against me."

"Hold it against Mr. Rale?" said Billy, with the straightest face in

the world. "Certainly not. I have misjudged him. But I am sure he

will not bear malice against me."

Even the judge smiled.

Dan Slike, lying on an improvised bed of blankets in the corner of the

room, raised his head. "You'll never hang me, y'understand," said Dan

Slike. "And you ain't got a jail in the territory big enough to hold

me after I get shut of these scratches. I'll see you later, Sheriff."

Dan Slike added a curse or two and relapsed into silence. Not a

likable person, Mr. Slike. No, not at all.

"This," said Rafe Tuckleton, "is a helluva note."

"It's all your fault," the district attorney recriminated bitterly.

"You did most of it," flung back Rafe, always an enthusiastic player at

the great game of passing the buck. "You know damn well----"

"Who thought of it first?" interrupted the district attorney. "Who was

the bright li'l feller, I'd like to know?"

"Don't you try to ride me," snarled the genial Rafe. "Dontcha do it."

"Aw, shut up; you gimme a pain! Gawd, and I'll bet your parents

thought you was just too cunnin' for anything. It's a shame they let

you live. To think of all the fatal accidents that might have happened

to you, and didn't, almost makes a feller lose his faith in Providence.

'Oh, yes,' says you, 'Wingo will walk into the trap with his eyes shut.

It'll be just too easy.'"

"Well, the first part worked all right," protested Rafe Tuckleton.

"Dan downed Walton without any trouble. How could I tell Driver would

slip up on his part? I'm glad Slike downed him. Served him right for

being a fool. Reelfoot did his part all right, too."

"How do we know Reelfoot did? How do we know what happened before the

fraycas at Walton's? We don't. We don't know anything except that Tom

Driver is dead, Dan Slike wounded in the calaboose, and Skinny Shindle

has skedaddled."

"Skinny tell any one where he was goin'?"

"He did not. Soon as he heard that infernal Bill Wingo had pulled

through without a hole in him, Skinny saddled his horse and went

some'ers else a-whoopin'. And I don't think he expects to come back.

Oh, it's a fine mix-up all round, a fine mix-up."

"Sh-sh," cautioned Rafe. "Somebody coming--oh, it's you, Tip. 'Lo."

"Yeah, it's me, Tip," said O'Gorman, closing the door carefully and

sitting down on the only vacant chair. "Look here, Rafe, what did I

tell you about downing Tom Walton?"

"I ain't downed Tom Walton," denied Rafe sullenly.

"You had it done," insisted O'Gorman.

"How do you know I did?" dodged Rafe.

"By the way it was gormed up."

"I suppose now if you'd planned it----"

"I wouldn't have planned it in the first place. I told you to keep

your paws off, and now look at the damn thing."

"It wasn't my fault," barked back Rafe.

"Can't you say anything different?" the district attorney threw in

drearily.

"You don't even seem able to obey orders any more," said Tip O'Gorman.

"I don't have to take orders from you," flared up Rafe.

"No, you don't have to. Nobody has to do anything they don't want to.

But we've decided, Rafe, that hereafter you sit on the tail-board. You

don't pick up the lines again, see."

"Who's we?" demanded Rafe.

"Craft, Larder and myself."

"You can't do anything!" Contemptuously.

"No? For one thing, we can keep you from shipping so much as a single

cow."

"How?"

"Our ranges surround you on three sides, and where we don't fit in, the

mountains do. You can't drive through the mountains, and we won't let

you drive through us. That's how."

"Huh?"

"Yeah, it's root, hog, or die, feller. You gonna be good?"

"I--I suppose so."

"Good enough. One slip on your part and you know what happens, Rafe.

Bear it in mind, and it'll be money in your pocket."

"You talk like a minister."

"I wish I was one, preaching the funeral sermon over your grave. Lord,

what a stinking skunk you are, Rafe!"

"Look here----"

"Blah! You are a skunk. So crazy after money you had to go and hurt

li'l Hazel Walton. Damn your soul, I told you not to do anything to

hurt her! And you bulled right ahead! You lousy packrat, you've

broken that child's heart! She thought the world and all of her uncle,

she did. I tell you, Rafe, you ain't fit to drink with a Digger or eat

with a dog!"

"I ain't gonna fight with you," declared Rafe Tuckleton.

"I was hoping you would," averred Tip. "There'd be one tom-fool less

to worry about if you did."

"No, I can wait," said Rafe with a feline grin.

"Oh, I'll be watching you, you rattle-snake," nodded Tip.

"Go easy, you two!" snapped the district attorney, as a dog in the next

room began to bark. "There's somebody comin' up the path."

The squabble went dead.

"Good thing the wind's yowlin' its head off to-night," observed Tip

O'Gorman. "I forgot myself for a shake."

Rafe Tuckleton looked at the floor. There was venom in his heart and

death in his thoughts.

Tip O'Gorman fingered out the makings.

He was shaking in the tobacco when Billy Wingo opened the door and

strode without ceremony into the office. He was followed by Riley

Tyler. The latter slammed the door behind him and set his back against

it.

"Three li'l friends together," said Billy, his eyes gleaming at them

beneath the peak of his fur cap. "I saw your light as I was passing,

Arthur, and I thought I'd sift in and thank you for all those kind

words of yours yesterday. I appreciated 'em, you bet. You too, Rafe,

did about as well as could be expected. Tip is the only one I can't

thank."

He smiled lazily on Tip. The latter grinned back.

"It ain't my fault you can't," returned Tip cryptically.

Billy nodded, although naturally he did not grasp the other's meaning,

and said, "Got another li'l matter for you gentlemen. Finding you all

together thisaway is gonna save me trouble. I'm in luck to-night."

"Aw, spit it out!" Rafe directed rudely.

Billy looked pained. "Our long-faced li'l playmate seems all fussed up

over something. Well, boys will be boys, I suppose, and burned fingers

now and then have got to be expected."

He paused and regarded them gravely. Rafe's answering stare was

darkling, the district attorney's uncomfortable, while Tip's was

impersonal.

"I hope you boys are feeling generous to-night," resumed Billy.

Rafe Tuckleton stole a glance at O'Gorman. Generous?

"The fact is," went on the calm voice, "I'm takin' up a collection--a

collection for Tom Walton's niece, Hazel."

Billy thought that at the mention of the ranchman's name both the

district attorney and Tuckleton stiffened their slouching bodies, but

he could not be positive. The lamp on the table gave a poor, weak

light.

"Her uncle's gettin' downed thisaway will be a bad blow for her. He

was all she had. Y'understand now--the girl won't ever know that this

is any benefit like. She mustn't ever know. It's insurance on Tom's

life, see? Sam Prescott was keepin' the policy for him in his safe.

Tom must have forgot to tell her about it. That's what Sam's going to

tell her. How much will you boys give?"

Tip O'Gorman did not hesitate. "You can put us down for a thousand

apiece."

"_What!_" chorused the district attorney and Rafe Tuckleton.

The sheriff cocked an eyebrow at the two men. "You think it's too

little? Well, I guess maybe you're right. A thousand is enough for

Tip here, but you two are rich men. Say twice that--two thousand from

each of you will be about right."

The two rich men were speechless. But only for a moment.

"Two thousand!" gasped Rafe. "Not a nickel."

"Not a thin dime!" contradicted the district attorney.

"Say not so!" said Billy Wingo.

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