Beadle's New York Dime Library, No. 41 — page 11: what you’re looking at

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

oe A dry-goods box was brought, and the judge perched himself up on top of it; some smaller boxes served as seats for the jury and the prisoner. Officers of the court there were none, although the Mormon leader had suggested that there was danger of the prisoner escaping, but Gold Dan had laughed at the idea. “Oh, I’m going to stand my trial!” he exclaimed; ‘ don’t you be al.rmed about that, and if I attem)t cto escape, why, you are ull armed, and you can go a-gunning for me at once,” So the Danite leader was again overruled, It was quite plain that Mr, John Clark was not going to have things entirely his own way that night in the town of Corinne, The jury commenced to ballot for foreman, but it was merely labor wasted, for the six Mormons voted stoutly for one man and the six Gentiles just as obstinately for another. It was plain that they might go on balloting until Doomsday and not decide upon a foreman. Then a brilliant idea occurred to Judge Lynch. ‘Gentlemen, you will never come to any decision at this rate; suppose you draw lots for a foreman.” The idea suited, and it was at once put into operation. And, to the delight of the-Man-trom-Red-Dog, as well as the bystanders—the Mormons excepted of course—who were very favorably impressed with the good-natured giant, Dandy Jim drew the long straw, and was duly declared to be foreman of the ury. Oh, we'll work the thing correct, you bet!’ he exclaimed, when the result was ascertained. The jury took their seats, the judge was already perched upon the dry-goods box, a large ring around the judge, jury and prisoner, who sat facing the jury, was formed by the eager spectators. ‘¢ Who presents the case for the people?” the judge asked. “JT will,” John Clark answered, promptly, stepping forward into the circle. ‘‘ As the friend of the dead man and his brother in religion, I claim the right of prosecuting to the death’ his murderer.” ‘* All right; and now who defends the prisoner?” There was a moment of hesitation, which was broken by the clear voice of Gold Dan, “T say, judge, if it’s all the same to the court, let me defend myself,” he said, “There’s an old saying among lega] men, you know,” replied the judge, eager to display his knowledge of the law, ‘‘ that the lawyer who pleads his own case has a fool for a client.” ‘Yes, I know it, but I hardly think that applies to me, for I’m not a lawyer, judge,” Gold Dan answered, with a smile. “All right; suit yourself; and now we're ready for trial; produce your witnesses, Mr. Clack, and go ahead.” And so in the silver moonlight the trial of the plainsman, bold Gold Dan, for the murder of the Mormon, Googer, com- menced, CHAPTER XITI, GOLD DAN’S MASTER-STROKE. Jupgr LyNcn’s court generally deals in railroad justice; con- viction or acquittal come quickly and with little regard to the tardy rules of law. Justice, not law, is what the frontier men are after when they call upon Judge Lynch to officiate. The trial of Gold Dan for the murder of the Mormon Elder Googer, was no exception to the general rule, for Bob Smith, Judge Lynch pro tem., ‘‘ pushed things” rapidly. ‘ Witnesses for the people!” And then six or eight Mormons stepped out, and each one swore decidedly and firmly that they saw the borderer fire at the first signal. “At one—you saw him fire at one?” the Danite asked, and each man swore stoutly that such was the fact. Brief was the plainsmaa’s cross-examination, “You saw me fire?’ “Yes,” stoutly, doggedly and defiantly the witnesses answered, ull the while scowling with malignant hate at the bold borderer. «« And where were you when you saw me fire?” The witnesses des¢ribed the situations they occupied, and each and every one testified plainly that he was at least a hundred yards away when the shot was fired—but he saw it discharged nevertheless; this all of them stuck to. «« What was the position of my arm when I fired?” Now here he had the Mormons on the hip, for although each ‘witness heard the testiniony of the others in advance of him— the first one examined of course excepted—and so had an example set to swear by, yet, such is the strange inconsistency and independence of human nature, that nearly every man chose to differ with his fellow, and no two agreed in regard to the position of Gold Dan’s arm when the fatal shot was fired, but all testified that the trigger was pulled immediately after the word “‘one” was spoken. “Are you checuiels 3m Clark?’ the judge asked, after the prisoner had finished his questioning. | ‘Yes, all through,” the Danite leader answered, ‘If the testimony of six or eight men ain’t enough to hang him, why then this hyer thing is all a fraud, and we’re only wasting our time.” And as he finished, the dark-faced Mormon looked around him with an air that seemed plainly to say: ‘‘ There. I’ve proved him guilty, now let him escape, if you dare!” re weer } potty alll ' ERM oS UR eye a ¥e: Pe eA ne tN 3 Li Gold’ ‘Dan. “ | GEomicbooks 11 But to the honest men of Corinne, assembled beneath the moon, and watching the scene with all that deep earnestness so peculiar to the frontier where each man holds his life in his hand as it were, the evidence was not at all conclusive. The difference in the witnesses’ testimony regarding the position of the plains- man’s arm weakened all their evidence, and then, too, there was a widespread opinion among the “Gentiles” that the Mormons would not hesitate at any means to remove from the vicinity of Salt Lake City the daring man, who not only openly } expressed his contempt for the Latter-day Saints, but committed | the greater crime of running away with their wives. “They allers stick to each other through thick and thin!” more than one man in the throng whispered to his neighbor, “and to git squar’ on a Gentile, they’d be willing to sw’ar the bottom clean out of a frypan.” ‘All through then, Mr, Clark?’ the judge repeated. Accord- ing to his ideas the Mormons hadn’t made out a very strong case, and as Captain Bob was a very fair-minded man, he wanted to give them a fair show for their money before he called upon the other side to show their hands, ‘All through, sir,” the Danite replied, in his deep voice, which rose clear and full above the hum of the crowd. i Why, hold on, jedge,” cried one of the jury—one of the wx Gentiles— an old, iron-gray-bearded man, tall and straight, and with an expression of great shrewdness written on his weather-beaten features, “it ’pears to me that you're pitchin’ inter this thing wrong eend foremost, If I git the riffle straight, you’re tryin’ Gold Dan thar for the murder of Mr. Googer, but so far I ain’t heered any testimony that the man’s dead. I heered he was plugged an’ that were all.” “That’s so! Old Billy’s right!” a bystander murmured, loudly, and the throng took up the cry. Old Billy Mac Ado, the juryman, was commonly believed to be a pretty shrewd fellow, and in this case everybody saw that his point was well taken. So the prosecutor for the people, as Judge Lynch rather grand-eloquently termed the dark-browed Danite, pricked his flint and tried it again, to use the old saying. The doctor was called, and he, well posted in the usages of law-courts—the scamp had figured in a dozen in his time— testified quite clearly and directly to the point, Clark hadn’t the least bit of a lawyer about him, and it was quite plain that, in legal craft, he was no match for the scout, who had begun the evening’s amusement by astonishing every- body with his pugilistic skill, and now was winding up by mak- ing them all open their eyes at his wonderful ability in the use of his tongue. And yet Corinne had known Gold Dan for quite a time, and never held him better than a hard-drinking, reckless, devil-may- care borderer; twenty like him to be found in the town at almost any time, but the Gold Dan on trial for his life to-day was prov-\ ing himself to be a far superior chap than he had ever gained credit among his associates for being. The doctor testified: first, that he was a regular graduate of a first-class English medical college; second, that he had attended to the wounded man, Mr. Googer, and that the said Mr. Googer was suffering from a wound produced by a pistol-shot, and from the wound he had died. ** Any questions?” the judge asked, turning to the plainsman, “Not at present, judge,” the prisoner answered, “ but I want the privilege of examining him after I get through with the rest of my witnesses, ‘‘ Any more?” and Captain Bob turned to the Danite, “No; Pm through,” “Your turn, go ahead!” and the captain nodded to the plains- “I want six men to step forward,” the prisoner said; ‘six men who had their eyes on me when the shot was fired and who were not over fifty feet from me, Twenty stepped forward in obedience to the call. “Only six, gentlemen—the six who were nearest, please.” The volunteer witnesses whispered among themselves for a moment, apparently trying to find out which six of them had been the nearest, and then a half-dozen detached themselves from the rest and came forward. It was with difficulty that the-Man-from-Red-Dog, remindful of his position as a juryman, kept himself from joining the witnesses, as he had been only about ten feet from Dan when the shot had been discharged. But with a great effort he curbed his desire, although he did feel like waking things up with a yell or two, The six testified, one after the other, clearly and distinctly, that they had their eyes upon the prisoner at the time that the first signal was given, heard the shot fired, and were positive that it could not have been fired by the prisoner, for he had just drawn his revolver and his hand was not above the level of his waist, The six all agreed in this; they were testifying in regard to what they had really seen, therefore it was but natural that ° they should agree, while the Mormon witnesses were testifying in regard to what they thought they bad seen, and therefore differed. Clark tried a little cross-examination, but he was not clever at this sort of thing and soon gave it up, as he had wit enough to see that he was helping rather than injuring the prisoner’s case, And now Gold Dan made a master-stroke. He called back the doctor and made that gentleman describe the wound that the dead man had received and produce the ball. It was a rare one, too, weighing fully an ounce; evidently a derringer ball, and then he desired the jury to examine his weapons, and see for themselves, first, that they were all loaded; second, that he had mq pistol on his person that could carry such a ball: third, thag i Rs ia al tr oy ee qetrenpewwe~ . { ae