CHAPTER XXXV
THE TRIAL
The meeting took place in the Bella Union, and the place was crowded tothe doors. All the roughs in town were on hand, fully armed, swearing,swaggering, and brandishing their weapons. They had much to say by wayof threat, for they did not hesitate to show their sympathies. As Ilooked upon their unexpected numbers and listened to their wild talk, Imust confess that my heart failed me. Though they had not the advantagein numbers, they knew each other; were prepared to work together; were,in general, desperately courageous and reckless, and imbued with thegreatest confidence. The decent miners, on the other hand, werepractically unknown to each other; and, while brave enough and hardyenough, possessed neither the recklessness nor desperation of theothers. I think our main weakness sprang from the selfish detachmentthat had prevented us from knowing whom to trust.
After preliminary organization a wrangle at once began as to the form ofthe trial. We held very strongly that we should continue our usualcustom of open meeting; but Morton insisted with equal vehemence thatthe prisoners should have jury trial. The discussion grew very hot andconfused. Pistols and knives were flourished. The chair put the matterto a vote, but was unable to decide from the yells and howls thatanswered the question which side had the preponderance. A rising votewas demanded.
"Won't they attempt a rescue?" I asked of Danny Randall, under cover ofthe pandemonium. "They could easily fight their way free."
He shook his head.
"That would mean outlawing themselves. They would rather get clear undersome 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 roughscould get on the panel to hang the verdict, for the simple reason thatthey were all too well known. The miners cautiously refused to endorseany one whose general respectability was not known to them. I foundmyself one of those selected.
A slight barrier consisting of a pole thrown across one corner of theroom set aside a jury box. We took our places therein. Men crowded tothe pole, talking for our benefit, cursing steadily, and uttering themost frightful threats.
I am not going to describe that most turbulent afternoon. The detailsare unessential to the main point, which was our decision. Counsel wasappointed by the court from among the numerous ex-lawyers. The man whotook charge of the defence was from New York, and had served some tenyears in the profession before the gold fever took him. I happen to knowthat he was a most sober-minded, steady individual, not at all insympathy with the rougher elements; but, like most of his ilk, hespeedily became so intensely interested in plying his profession that heforgot utterly the justice of the case. He defended the lawless elementwith all the tricks at his command. For that reason Woodruff wasprevented from testifying at all, except as to his ownership of thecattle; so that the effect of his pathetic story was lost. Dr. Rankinhad no chance to appear. This meeting should have marked the awakeningof public spirit to law and order; and if all the elements of the casehad been allowed to come before the decent part of the community in acommon-sense fashion, I am quite sure it would have done so. But twolawyers got interested in tangling each other up with theirtechnicalities, and the result was that the real significance of theoccasion was lost to sight. The lawyer for the defence, pink and warmand happy, sat down quite pleased with his adroitness. A few of us, andthe desperadoes, alone realized what it all meant.
We retired to Randall's little room to deliberate. Not a man of thetwelve of us had the first doubt as to the guilt of the prisoners. Wetook a ballot. The result was eleven for acquittal and one forconviction. 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 thequestion. 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 byus? 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 thirdbitterly. "It ought to have been tried in a miners' court; and if ithadn'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 begoverned in my decision not by the merits of the case, but by the factthat I have a family back in the States. I consider my obligations tothem greater than to this community."
I reasoned with them for a long time, bringing to bear all the argumentsI had heard advanced at various times during our discussions in DannyRandall's back room. At last, seeing I could in no manner shake theirresolution, I gave in. After all, I could not blame them. The case wasto them only one of cattle stealing; they had no chance to realize thatit was anything more. Without solicitation on my part they agreed tokeep secret my opposition to the verdict of acquittal.
Our decision was greeted by wild yells and the discharge of pistols onthe part of the rough element. The meeting broke up informally and inconfusion. It would have been useless for the presiding officer to haveattempted to dismiss court. The mob broke through en masse tocongratulate the prisoners. Immediately the barkeepers were overwhelmedwith work. Here and there I could see a small group of the honest mentalking 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 acorner. Danny Randall, who, it will be remembered, had not appearedpublicly in any way, stood at his customary corner of the bar watchingall that was going on. His gamblers were preparing to reopen thesuspended games.
After conferring together a moment the three express messengers madetheir way slowly across the room to the bar. I could not see exactlywhat happened, but heard the sudden reverberations of several pistolshots. The lamps and glasses rattled with the concussion, the whitesmoke of the discharges eddied and rose. An immediate dead silence fell,except for the sounds made by the movements of those seeking safeplaces. Johnny and his two friends shoulder to shoulder backed slowlyaway toward the door. Johnny and Old presented each two pistols at thegroup around the bar, while Cal, a revolver in his well hand, swept themuzzle slowly from side to side. Nobody near the bar stirred. Theexpress messengers backed to the door.
"Keep your heads inside," warned Johnny clearly. On the words theyvanished.
Immediately pandemonium broke loose. The men along the bar immediatelybecame very warlike; but none of those who brandished pistols tried toleave the building. From the swing and sway of the crowd, and the babelof yells, oaths, threats, and explanations I could make nothing. DannyRandall alone of all those in the room held his position unmoved. Atlast 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 openedfire on the two ex-prisoners without warning.
As soon as possible I made my escape and returned to our own camp. ThereI 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 getyou boys now sure!"
"That remains to be seen," said Johnny grimly. "But it was the onlything to do. If Carhart and Malone had ever been given time to report onour confab the other evening, you and Danny Randall and Dr. Rankin wouldhave been marked men. Now no one knows of your connection with thismatter."
"But they'll be after you----"
"They were after us in any case," Johnny pointed out.
"Don't deceiveyourself 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 wasright enough about them. But let me state right here and once again thatpractical jokes on immigrants are going to be mighty unhealthy here."
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