Beadle's New York Dime Library No. 28 — page 21: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

‘Then thar’s — ee ns = They were placed in a stout log cabin, their arms all unbound, but stout handcuffs were sub- stituted, though their legs were left free. The gold was unloaded and p aced in the same build- ing, Jack Gabriel insisting on their watching the whole affair, and obtaining their assurance that none of the gold was missing. Then he en- tered the prison with them, and the door was closed and secured. : ““You see,” he said, apologetically, “Tm held ’sponsible fer you two fellers an’ that gold, or I wouldn’t think o’ ’trudin’. You kin jest play I ain’t no more’n a log 0’ wood, an’ I giv’ my word [I won’t breathe one word o’ anythin’ I may hear in here. Ef thar’s anythin’ you want as I kin git, jest spit it out, an’ you shell hev it.” “T reckon they'll give us grub an’ drink en- “ough to keep from starvin’,” said Zimri. ‘‘ But -ef you will—what is it we’re brung here: fer, anyway?” ** Wal, it’s only fa’r you should know, I reck- on,” replied J ack, contemplatively. ‘The fust charge is b’longin’ to Joaquin’s band—” ‘*A cussed lie!” hotly cried Coon, his eyes glowing. “In course it is—you’d be a blame fool fer sayin’ anythin’ else,” coolly returned Gabriel. ““ All you’ve a to do is to prove it, ye know. that gold yender. It’s said you bouneed the fellers as really owned it, shot two «on ’em down from ambush, an’ driv’ t’others away—you an’ Joaquin an} his . Them’s the other charges—murder an’ stealin’ gold as wasn’t yourn.” The prisoners stared at each other in mute horror. Could this be possible? It seemed like a dream. ‘* When’ll we heva chaince to meet these lies?” at length asked Zimri Coon. **Soon’s the boss comes home—an’ that ’ll be to-morrow, I reckon. You'll be giv’ a fa’r show afore Judge Lynch,” was the cool reply, as Gabriel lighted his pipe. CHAPTER XXIV. JUDGE LYNCH PRESIDES. ALL business was at a standstill in Hard Luck. Even Pet Pete, of the Dew-Drop Inn, found him- self completely deserted, just as he was coming to the intensely thrilling point of a sketch from real Se eee by the event about to take place that day—when the stentorian voice of Arkansaw Jack was heard in the distance, and an immediate stampede was the result. For miles around the news had spread, and nearly every digger within fift iles had made it a point to visit Hard Luck to see the show. It was not every day that such an Wagener offered—a ‘‘ real court” held among the moun- tains. Sheriff Hayes and his ore of Man-Hun- ters had returned from a hard but unsuccessful ride after Joaquin Murieta, and after some dis- cussion, pro and con, it was resolved to give the two prisoners the benefit of a speedy and im- artial trial. The witnesses were ready. hough, doubtless, Sleepy George and his crew would far rather have been em yloyed in clear- ing out the gold placer, the pointed hint given them had kept them quiescent. The court was held in open air, beneath the reading oak from the shelter of which Little oleano had first awakened from his brief dream of love. Long Tom has kind furnished one of his n baize-covered tables. Beside this the judge is seated; Sheriff Jack Hayes be- ing elected viva voce. He is in his shirt-sleeves, his head is bare; the day is close and sultry. Before him lie pen, ink and paper. At his el- bow stands a bow] of Pet Pete’s best punch, and a box of cigars. Hard Luck resolved to do the thing up in style—and had not the sheriff firm- ly objected, the table would have equaled any After much discussion, the preliminaries had been arranged. The greatest difficulty was in selecting a suitable jury. Everybody in or near Hard Luck had already padeec the case and pronounced for or agains the prisoners. But even this difficulty was surmounted by Jack Gabriel, whose wit _secmed pice by the emergency. He rode away at the head of a dozen men, returning at mi ht with the jury. Whenever he found a man who had not yet heard of the arrest, that was sufficient; he was mounted behind a rider, forbidden to open his mouth under penalty of being gagged. In this manner the required number were collected, and kept in solitary confinement until the hour of the trial, then produced by Gabriel with honest triumph. 7 Judge Lynch—late Sheriff Hayes—cast a glance over the motley crowd, It was sige: a curious scene. Perhaps two hundred souls wére present, including nearly every nationality un- der the sun, The majority were sturdy diggers: though a few of the softer sex were ble; several Indians, a few ‘‘ Johns,” @ black or two. The jury squa upon & log, some scow ling as they remembered their unguarded c¢ - others careless, a few calmly attentive, resolv “ to do their duty to the best of their judgment A little to the right stood a couple of se x these were seated the prisoners, unarm an¢ EA rth a a a unbound. ‘There was little danger of their es- caping—too many revolvers were visible. udge Lynch pulled strongly at his half- smoked cigar for a moment or two, as if to in- sure its keeping alight, then rapped upon the table before him. Instantly all wassilentas the grave, save for the faint rustling among the leaves overhead. ‘‘Gentlemen,” began the judge, speaking in clear, well-measured accents. ‘‘ Gentlemen, there is no need of my telling you the purpose of this gathering, more than to say that I mean to give the prisoners a fair show, and see that they receive justice, whether they are innocent or guilty. I don’t pretend to know much about court business, as it is carried on in the big cities, where, I am told, a handful of gold will change any man’s opinions; but this much I do know: if the evidence which we are soon to hear proves the prisoners guilty, beyond all reasonable doubt, they shall receive a just punishment; but if the evidence fails to show this—and you, are the judge of that, gentlemen of the jury—then they shall go free from here, honored and re- spected. “The charges against them are three in num- ber; robbery, murder, and being friends to. or members of J oaquin’s band. Now, Mr. Gabriel, you will proceed to call the witnesses.” ‘*One moment, your honor,” cried little Vol- cano, rising to his feet. “You say we are to receive a fair trial; that is all we ask. But are we to have no counsel—no one to speak for us?” “The evidence will do that, young man. Still, you are at liberty to ask the witnesses any uestions you choose, and if proper ones they shall be answered.” Sleepy we was the first witness put upon the stand, and, after being sworn, began his evidence. It rolled glibly enough from his tongue, and the lies were well cemented together with bits of truth. Little Volcano listened in- tently, taking an occasional note, but making no interruption. There is no need to follow the gambler’s exact words; to do so would employ much space which can be better oecupied. The main substance can be given in a few lines. The court would remember his old friend and pard, Chinny Jeff, who unfortunately died with the jim-jams, some weeks previously, and soon after returning froma prospecting tour. Every- body knew that Jeff had Site back plen of gold, that he often declared he had struck it uncommon rich while gone. But he died, and made the witness his heir as part payment for his assiduous attention and nursing during his fatal illness. Among his property was found a chart, giving cine ions where to find a won- derfully rich rof gold. The witness, after considerable men, all of whom he could st, went to . Though ted then, th rine ene d aia, an watching their chance, had attacked them in the night, killing Laughing Dick and Butcher Ben. Taken by surprise, witness and his surviving comrades retreated to the hills, leaving their gold behind them. When day came, they saw their mis- take, and attacked the prisoners, but before they could regain their own, a strong force, led by Joaquin Murieta, the outlaw, came up, and, together with the prisoners, hunted them through the hills until witness and pards finally escaped em. ‘¢ Will your honor please ask the witness one question?’ said Little Volcano, as Sleepy George concluded his evidence. ‘‘The witness says a chart was bequeathed him by his friend; can he produce that chart for inspection?’ ‘“You know I cain’t,” snarled Sleepy, George. ‘“-You stole it, “long o’ the gold an’ stuff.” ‘‘ Ask him, your honor, to describe this chart. What lan was it written in—with pencil or ink—and what was the name signed to it, if any?” ; ‘The questions are fair ones—witness, you must answer,” promptly added Judge Lynch, Sleepy George looked uneasy, and glanced to- ward the spot where Long Tom stood. This was more than he had calculated upon. Still he could not escape answering. — e paper was written with in English; if there was any name signed to it, he never noticed it; did not think there was any signature. ‘‘T have no more questions to ask, your honor, at present. Perhaps you bad better ere charge of this paper for me. Judge Lynch glanced at the paper, and_ his brows lowered, but only for a moment. Then he bade Arkansaw Jack ‘ The Preacher, Ham-fat Zack and Cockeyed Waddel were called in succession, and though each man had been pops separate their evi- dence fully corroborated that of their leader, Sleepy George, and the prisoners saw that the evidence was not. without its effect upon the oe Tom gave in his evidence in a clear, straightforward manner. He told how the pris- oners visited his rooms, for the purpose of play- ing; that a quarrel ensued, when Little Volcano drew a knife and struck Sleepy George; that a nn took sides with the prisoners, and who was then recognized as Joaquin Murieta; that the three effected their escape together, nor had art uble, made up a party of five. on em eee ee — i they been seen in town again until brought captives. he next witness was a big, raw-boned sp men of humanity, who gave his name as liam Blasern, better known as Bill Blazes, f. the bottoms of Grand river, Missouri. Volcano smiled faintly as he recognizec ‘‘ waugh-hoss,” and whose appearance time not much improved. His hay-colored hk seemed even more sunburnt and frowsy;} face redder, his eyes more bleared and wa vi non now ornamented with twin circles purple bruised flesh and sundry scratches; clothing more greasy and raped, if poss than when Little Volcano lett him upon mountain-side. “Witness, you will tell the jury what know of the prisoner; make your story and to the point, and remember that you now upon oath,” said the judge. ‘“T don’t know nothin’ ’bout the old fel jedge,” said Bill Blazes, scratching his unke head; ‘‘but I kin tell somethin’ bout the 1i cuss—I know ’im from a to ampersand, the zen, te ie ‘* Keep your evidence, sir,” impatie cried Judge Lynch. “ We want none of ¥ blackguardism—nothing but facts.” “That's a fact, anyhow,” muttered Bill zes, but then hastily resuming: ‘I know pris*ner—the little ‘un. I know him fer ad ed, no-’count thief, an’ one o’ Walk-in’s ban do fer a sean’alous fact! Tl tell ye how boss. Ye see, this Walk-in, as he calls him hes bin shen a pd the kentry right sme cuttin’ up the devil ginerally, ontel I th thinks I—it’s a durned, allfired shame—I dic I knowed thar was a big reward out fer head, an’ so I made up my mind to airn laid all my plans—picked out a smart ga fellers, an’ tuck to the trail. We run the mint to airth at last, an’ would ’a’ bagged only I—it runs in our fambly, tlemen: tuck sick. I was struck plum blind fer a t The boys was red-hot, an’ wouldn’t wait fe Tas on they runs, an’ gits flaxed out the n * ‘“Wall, boss, I was layin’ thar at the fo a tree, when the pris’ner—the little cuss up, ‘long o’ three other fellers, one on ’er less than Walk-in hisself. I was weaker sick kitten, ‘nd couldn’t do nothin’. They pf ed onto me, pounded me ’most av dies 2 —l hed nigh onto three thousin’ do —stole my weapons an’ then puckacheed At this point an interruption came, as § ling as it was unexpected. During the evic¢ of the ‘“ waug-hoss,” Arkansaw Jack se could Ae longer eckitrol bfideal®” and stzbd co no Jonger contro | strod ward to the witness-stand, one hand closin on the Missourian’s shoulder, ate “Your honor,” he said, excitedly, ‘it my stydp to kick up a muss whar I’ve no ness, but when a dirty, lyin’ cuss like this ¢ out in daylight an’ tries to sw’ar away a life, I cain’t elp it—keep still, you varmir Tl send you to blazes, hot foot!” he grow] Bill Blazes sought to free himself and slink ‘“What do youmean, Mr. Gabriel?” dem¢ the judge. “Jest this. This feller did raise a com of which Iwas one. When we found wi nigh our game, he turned tail—wanted to us back out! We kicked him down the hi iled in ourselves. As fer his three the ollars, I know he didn’t hev three cents’ 0’ gold in his clo’es—an’ I kin prove every I say. As fer oa he was fightin’ kin sw’ar on my Bible oath, as only fer h a’ hi ag out Three-fingered Jack that Knowin’ all how could I stan’ still ten to sech durned lies—” ‘We thank you, Mr. Gabriel, for you vice in ery such a malicious jure for you, Bill Blazes, you shall not en cape. Gentlemen 3) ine jury—is he g not guilty, of attem to swear the pris ascret 2g" ” . gu. NY Oe . , in course—the pi cuss!” g the burly foreman. apart “Then [ sentence him to receive fifty soundly laid on, to be kicked out of camry adjourn this court to see that the pen fully carried out!” - ps cali In vain Bill Blazes protested his inn¢ He was dragged away to the hillside stout withes would be manay and there t ishment was inflicted. S d naked, bound to a tree- Arkansaw wielded the switches with a willing arm qariet audibly counting the strokes un number were bestowed. But so t had the wretch suffered—sinking to the ¢§ vering mass when he wv leased—that the second part of the punis was remitted. He was ordered to lee town, never to return under penalty of ing a like visitation; then the court retré see make a startling discovery. — Little Volcano sat quietly in his chair, he had been left when the crowd d 1 Neith ooh bet Z th Coon 3 1 ‘either was he am e cro gre