Lost in the Cañon

by Herbert Strang

  CHAPTER XXVI.--THE TRIAL ENDS.

  Mr. Willett, like every American of intelligence, not only knew a greatdeal about the laws of the country of which he was proud of being acitizen, but he also knew as well as most lawyers the methods by whichtrials were conducted in the regularly organized courts of justice.

  In addition to this he saw that the men who had gathered to try him andHank Tims, though anxious to follow the forms as they understood them,were very ignorant, and like all their class, had a profound respect forthose who knew more, or seemed to know more, than themselves.

  The jury was composed of twelve rough, sturdy men, who looked as if theyfully realized their duty.

  Even the judge sat more erect and tried to look dignified at the risk ofbeing ridiculous.

  "Now we're all ready to begin, and I want order in the court. The gentsas has thar hats on will take 'em off and hold 'em in thar hands," saidthe judge, again rapping with the heavy glass on the little pine tableby his side.

  The "gents" promptly took off their hats, and this was followed by thescraping of boots and a chorus of little coughs that told how nervousall were.

  "Now," continued the judge when order was restored, "we'll have thewitnesses in and go on with the trial."

  "Before you call any witnesses," said Mr. Willett, "I want you orwhoever is conducting this case to state the charge against me and myfriend Hank Tims."

  "We can't have everything har like if it was a reg'lar out-and-outcourt," said the judge angrily, and again picking up the tumbler as ifhe were going to hurl it at some one. "And as for the charges, I thoughtevery one in and about Hurley's Gulch knowed that you two is chargedwith robbin' and murderin' poor Tom Edwards. Thar, I hope that statementof the case will suit the most partic'lar."

  "I and my companion, being the most interested," said Mr. Willett, withwonderful calmness, "should be the most particular; but if that is thebest statement of the case that can be made, I am willing that you shallgo ahead, asking only that I be permitted to cross-question any and allwitnesses that may be called."

  "This court ain't got any objections as it knows on to yer axin'questions, pervidin' you stick right down to the point," growled thejudge.

  Nodding to show that he was satisfied with this, Mr. Willett said, "I amready," and the young man acting as clerk called out:

  "Badger!"

  Badger moved nearer to the judge and began to twirl his hat in his big,rough hands in a way that showed he was anything but calm.

  "Now, Badger," said Judge Jacks, "tell this yar court and this yar juryall you know 'bout the case."

  Badger looked into his hat as if he saw something there that mightrefresh his memory, and then, after coughing and casting his malignanteye up at the ceiling, he began:

  "Wa'al, this is 'bout all I knows 'bout this case. You see, me and TomEdwards had been ole pards, and so I knowed him as well as any man thisside the Rockies. He wasn't a bad kind of a feller to them as knowed howto take him, and though he didn't have much book larnin'----"

  Here Mr. Willett interrupted Badger to say:

  "This evidence, your honor, is not to the point. We are not here todiscuss the character of the dead man, but to find out if we can whomurdered him."

  "Reckon yer right," said the judge, and then he told Badger he must"stick to bottom facts."

  Thus admonished Badger resumed:

  "Me and Mr. Shirley got to Hurley's Gulch the night before Tom was didfor so cruel bad, and we found he was on a spree, and complainin' toevery one that Mr. Willett he was a-tryin' to euchre him out of fifteenhundred dollars, as he'd 'greed to pay for the claim over at Gold CaveCamp. Wa'al, the next mornin' 'bout an hour or so afore day me and Mr.Shirley was sleepin' together when we heard two pistol shots and a mana-hollerin' "murder." We hurried out and found poor Tom all shot topieces. We carried him into this yar hotel, and with his dyin' lastbreath he told us that it was Mr. Willett and Hank Tims as did for him.Thar, that's all I knows 'bout the case."

  My young readers will notice that there was no oath administered toBadger, nor would such a sacred proceeding have affected in any way thenature of his evidence.

  "Now you've heard Badger's evidence," said the judge, with an angryglance at Mr. Willett and Hank. "Have you any questions to ax him?"

  "I have a few," said Mr. Willett.

  "Well, rattle 'em off quick."

  "Badger," began Mr. Willett, "what is your business?"

  "I'm a miner," was the answer.

  "Where do you mine?"

  "I ain't at work--jist now."

  "How long have you been at Hurley's Gulch?"

  "Off and on, 'bout a month."

  "You came here broke?"

  "Yes. I wasn't flush, I'll allow."

  "But you are flush now?"

  "Wa'al, I've got a few dollars."

  "Where did you get your money?"

  "That's my business," said Badger, angrily.

  "Yes," said the judge, "no gent ain't bound to tell no one how he cameby his money--unless some one else goes to work and claims it as his'n."

  "My object is to show that Badger received his money from FrankShirley," said Mr. Willett.

  "And what if he did?" asked the judge.

  "There is this about it, that if Badger is in Frank Shirley's employ,then he is working to get me and my son out of the way, for if my sondies before he's twenty-one years of age, then Shirley falls heir to alarge fortune."

  "We ain't a-tryin' Frank Shirley. So I ain't agoin' to let you ax anysich questions," said the judge, rapping vigorously on the table.

  Still calm, if not confident, Mr. Willett asked:

  "Badger, were not you and Frank Shirley dressed when you say you heardthose shots?"

  "Wa'al, yes, except our boots," replied Badger.

  "And you were awake?"

  "No; but I can't say I was sleepin' heavy."

  "_Badger, did not you kill Tom Edwards?_"

  This question came with the suddenness of an explosion, and it sostaggered Badger that it was fully a minute before he could stammer out:

  "No. Who said I did?"

  "I say it! You committed the murder at Shirley's bidding, so as to getme out of the way, and you prompted the murdered man whom you shot downin the darkness to say I did it," said Mr. Willett with a forcefulmanner that startled all.

  During the confusion that followed this bold but perfectly justaccusation, Badger left the witness-stand and mixed in with theastonished crowd.

  Frank Shirley was next called, but as his evidence was much the same asthat given by Badger, it is unnecessary to record it.

  On his cross-examination, he claimed to have no ill-feeling against Mr.Willett or his son; and he had the boldness to claim that he did notwant young Sam's fortune, as he was rich in his own right.

  Two other witnesses were called to prove the dying words of Tom Edwards,and on these and the fact that Mr. Willett had no evidence to prove thathe had paid for the claim at Gold Cave Camp, the whole case hung.

  Mr. Willett testified in his own behalf.

  He told such a clear, straightforward story that, for the time being,even his enemies were impressed with its truth.

  In a tremulous voice he spoke about his beloved son, whom he feared tobe dead, and he said, in conclusion:

  "Had it not been for the cruel flood that snatched from me my boy, theonly tie that holds me to earth, he would have been here with the paperbearing Tom Edwards' signature, and then you would have seen that Icould have no reason for desiring the death of this man, whosedrunkenness made him his own worst enemy."

  After this Hank Tims told all he knew, corroborating Mr. Willett, andboldly asserting that he was present when Mr. Willett paid the money toTom Edwards.

  Collins and Si Brill testified that they had known Hank "off and on" formany years, and that no man, up to this time had ever dared to say aword against his truthfulness or honesty.

  "Wa'al," said the judge, when the evidence was all in, "I give it as myo
pinion, that them two men, Willett and Tims, kilt Tom Edwards. I don'tbelieve thar stories for a minute. Men that commit crime will lie tohide it every time, and don't you gentlemen of the jury go for to makeany mistake about it.

  "Thar, that's all I've got to say. Now let the jury take thar time andfetch in a verdict that'll suit all hands. I ain't got anythin' more tosay. The evidence is all in, and so, till the time comes to say theprizners is guilty or innocent the trial is jest 'bout over."