Beadle's New York Dime Library No. 523 — page 22: what you’re looking at

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

22 CHAPTER XXIX., REYNARD’S FIGHT FOR LIFE, Ir there was ever a packed court it was the one by which Reynard of Red Jack was to be tried for his life. “ Judge” Powers was a man wilh a smatter- ing of law, but be seldom exercised justice when his prejudices were against the prisoner. He was as much a tool of Don Diamond’s creation as were the rest of the nabub’s satellites, and it was known before the trial commenced that in his tribunal Reynard would have no show. A few minutes before the hour set for the opening of the court Big Faverell received a folded paper which was sealed. When he opened it he read: **Zeo has just been here again. She declared herself before she went away. Sheisthe wife of Don Lopez, -D. D.” A smile passed over Faverell’s face as he looked up. ‘*Played another hand, eh?’ he exclaimed. ‘¢ Well, itis her last. To-night she goes to Cap- tain Double Fist her future jailer, and we get a firm grip on the Yellow Witch Bonanza,” ' Meantime the court had assembled. The guards had been ordered to conduct the prisoner to the tribunal, and he was expected every moment. With the assumption which was one of his chief characteristics ‘‘ Judge” Powers, over whose mouth drooped an enormous red mustache, had selected the names of those from among whom a jury was to be drawn, Not one of them belonged to Zeo’s party of miners, but all were in Don Diamond’s employ, and gonag eens the creatuces of the court, Reynard came forward with a steady step. There was a haughtiness in his look which told all that he had a supreme contempt for the tri- bunal as it had been organized. He knew what it meant with “‘ Judge ” Powers on the bench and Ford Faverell as high sheriff, He knew that the drawing of the jury would prove a farce, and that the names of those to be selected were already known to the conspira- tors, A pair of tables had been transferred from the El Dorado to the Square and back of them ona raised platform sat the judge of this august tri- bunal. As Reynard was conducted iuto the ring be- fore the tables with his bands tied behind him as they had been ever since his arrest, ‘‘ Judge” Powers spoke. ‘*The prisoner having arrived, this court is open for business. The sberiff will proceed to draw the jury in the usual manner,” ‘*The usual manner” meant that the names of thirty-six men on thirty-six bits of paper would be placed in a hat on one of the tables, and that some one would draw out twelve, one after an- other. Big Faverell stepped in front of the judge’s bench and proceeded to place in his own hat the names previously prepared. Having done this he called from the crowd a man who stepped briskly forward and was told to draw the jury. Reynard of Red Jack looked on without a remonstrance, One after another Faverell called the names of the drawn as they were handed to him for that purpose, and each juror as he was called stepped forward in full view of all. ‘* Swear the jury,” said Powers. This proceeding brought a smile to the pris- oner’s lips, especially when the twelve were sworn to bring in a verdict ‘‘ just and true,” and according to the law and the testimony. After this there stepped to the front a little man with a pompousair. He had an eye that drooped considerably, aad a crescent-shaped scar on one of his cheeks did not improve his beauty. This was Dan Lynx, the attorney for Red Jack, whenever one was wanted. He now ap- peared ‘“*for the commonwealth, for law and justice,” as he phrased it, and his vindictive- ness and merciless prosecution had made him famous beyond the domain of the Yellow Hills. He made the usual ‘‘ statement” to the jury. He told how they would prove that the prisoner had taken Tough Talbot’s life without a show of self-defense, that Reynard was a man inimical to the prosperity of Red Jack, and that he had comé back to camp in disguise after baving voluntarily left it. This done, Reynard was asked to plead to the indictment already found, and he did so in a ringing voice which pronounced the words: * Not guilty!” The court smiled and looked at Faverell, and the members of the jury exchanged glances which failed to indicate surprise, Reynard started forward when the name of the witness was called. The man came forward and faced the court. He gave in testimony which was not unex- adage to any who heard. He claim:d to have n the first man to reach Talbot after the shot, Smoke was still issuing from Reynard’s revolver. He had examined Talbot to see if he possessed any w n when shot, but found none, ‘At this juncture Reynard of Red Jack Reynard of Red Jack. moved for the first time since his arrival in court. He walked toward the witness and caught the man’s eye with a look that made him quail. ‘*‘T claim the right to question the witnesses,” said he, with a glance at ‘* Judge” Powers, ‘Take it,” snapped that worthy, like a man confident of the result, ‘‘The witness will an- swer no impertinent questions, and the court reserves the right to pass on the relevancy of all asked.” A smile of derision wreathed Reynard’s lips, and with his eyes riveted upon the witness, he began: ** You saw the meeting, did you?” **T did.” ** You witnessed the shooting?” ‘¢T saw it all.” ‘* Where were you?” ‘**T stood at the dour of my shanty,” ‘* Three doors from the El Dorado, eh?” ‘*Yea, six.” *‘ Don’t you know that Tough Talbot never went without a revolver?” ‘‘T know that he possessed a weapon.” ‘‘ Don’t you know, too, that one hour before the shooting he took it apart in your house and cleaned it on your table?” The witness flinched and threw an appealing look toward Powers. There was no interference. ‘¢- You have not answered me,” continued Rey- nard, holding the man with his eyes as a trap does a fox. **T know nothing of the proceedings you men- tion,” said the witness, firmly. ** Absolutely nothing?” ‘* Nothing at all.” The confidence of the witness seemed to in- crease with his denial. ‘* T cannot allow the witness to be badgered in a manner that reflects upon his veracity,” said ‘* Judge” Powers at this juncture. Reyvard turned squarely upon him, “T shall not badger the witness. When a man finds his life at stake he fights hard. I am fighting for mine. Hold! Iam not done with you, Tom Tucson.” The witness stopped with a growl and looked at Reynard. ‘* What is it?’ he asked. ‘* You have sworn positively on the point in dispute. There was no revolver on Tough Tal- bot’s person when he fell?” ** None,” ‘* Have you ever testified in cases of this sort before?” The witness flinched again, but the eyes of Reynard of Red Jack were on him and held him to the rack. ‘* What bearing dees this question have on the case at issue?” came from the court. ‘*T want to show that the witness is an old hand at this business—that this is not bis first appearance in a case of this kind.” ** Judge” Powers settled back in his chair, and Tucson's eyes glared savagely at him. ‘* Now speak the truth,” said Reynard. ‘‘ You have testified similarly in cases like the ~resent one before to-day,” ‘*T don’t remember where.” “Call up your life in Colorado, Remind yourself of the famous shooting affair of Camp Coyote. It was your testimony which con- demned a man named Captain Chestnut. You found no weapon on the body of the vaptain’s victim, thus destroying the plea of self-defense. Afterward when it was clearly shown that your testimony had been secured for the sum of twenty dollars, you were driven out of | ‘* There!” thundered ‘‘ Judge” Powers. ‘* This thing must stop where it is.” Reynard paid no attention to the mandate, His lips met firmly, and his eyes seemed to emit sparks of fire, ‘Do you deny this?” he exclaimed, leaning toward Tom Tucson. ‘Do you also deny that five years later in Rattlesnake City at the foot of the Quartz Hills you—” ‘* Stop the prisoner, Mr. Sheriff!” interrupted Powers. ‘** Let him fight for his life with his own wea- pons!” rung out a voice which made one-half of the crowd turn, and to the astonishment cf every one, Solid Sam Sarcy, the scout, came forward, his step steady and nosign of a drunk- ard about him, “Tsay give the prisoner at the bar a sho,” he continued, facing “Judge” Powers, * Let him prove, if he cap, the bad character of the witnesses against him. If he can convict them out of their own mouths, well and good. Does Red Jack pastice mean the throttling of a mau’s rights? If the prisoner wants evidence bearing on Tom Tucsou’s past, let him call me !” There was a sensation immediately following the scout’s words. The witness glared at him through his lower- ing brows, and the face of the Court grew dark. ‘IT answer nothing!” grated Tucson, through his yellow teeth, as he turned away with clinch- ed hands, ** Call the next witness!” said the judge. Reynard and Solid Sam exchanged glances as the voice of Faverell called: ** Max Markham!” : eee 85 5 RR gy a The following moment the owner of the name came forward, and Sarcy, with a look at him for a second, leaned toward the prisoner and said: ‘* Let me deal with this suborned villain.” CHAPTER XXX. A SENSATION IN COURT. MARKHAM was one of the best known men of Red Jack. During Reynard’s cross-examina- tion of Tom Tucson he had glowered fiercely at the prisoner, and now he came forward with a defiant gleam in the depths of his eyes. Dan Lynx, the attorney for the prosecution, began at once with the witness, , is eagerness said plainly that there was to be no more delays. The sun was nearing the mountain and ere long the summer day would vanish, arkham had been called to corroborate Tucson’s evidence. He, too, bad searched Tough Talbot immediately after the shooting, but had found no weapons on the bedy. He gave in his testimony with numerous glances toward Reynard, and when Dan Lynx said ‘*Take the witness,” he drew his burly figure up and smiled grimly. Solid Sam stepped toward Markham instead of Reynard. The eyes of the two men met instantly. ‘*Do you pose as the prisoner’s attorney, Captain Sarcy?” asked ‘‘ Judge” Powers, ‘*You may view me in that capacity,” was the answer, The judge fell back and said, with a wave of the band: ‘* Proceed, but make it brief. Lots o’ work ahead,” The command did not seem to hurry Sam in the least. ‘“ When did the shooting occur?” he asked Markham, ‘‘P’ve told the jury once,” snapped the wit- ness, ** You adhere to your statement, eh?” ‘* Look hyer, Solid Sam,” he cried. ‘‘ You can’t badger me. I’ve been in court afore, and I know my rights without appealin’ to the sudee. ‘*So you do,” quietly retorted Sarcy, whose temper remained unruffled. ‘* You are positive that the shooting occurred at the hour you have mentioned, that shortly thereafter you reached the spot, and with Tucson searched the clothes of the man already dead?” ‘* ve sworn to all this and I dcn’t—” He caught ‘‘ Judge” Powers’s eye at this juncture and stopped. ‘“*May it please the court,” said the scout, turning to the florid dispenser of Dakota justice, ‘*T desire to impeach the witness,” A murmur of astonishment ran through the crowd. Markham bit his lip and turned all sorts of colors, the judge got redder than ever even to the roots of his hair, and Faverell glared at Sarcy with the eye of a tiger. Markham threw up a clinched hand and let free a terrible oath, ‘‘ Nobody impeaches me!” he exclaimed. ‘‘ By the eternal One! I will stand nothing of the kind. I’m no common liar. What do you mean, Captain Sarcy?” Sarcy, the scout, seemed to enjoy the man’s anger. He looked at him with a placid smile at the corners of his mouth, and let him have his spasm out. \ ‘* Let him do it,” suddenly shouted Markham tothe judge, ‘* Let bim impeach me if he can! I want to see the hand they’re goin’ to play. Sailin, Solid Sam, You want to be sure 0’ your game, though.” Sarecy glanced at Judge Powers now convers- ing with Dan Lynx in low tones, ‘Call your impeaching witnesses if you have anv,” said Powers to Sarcy. Markham had folded his arms and was stand- ing erect in the center of the open court-room., He courted the fray; he seemed to see in it Sarcy’s overthrow and victory for himself. E I would call Zeo,” said the scout, eo! The name went from lip to lip. Markbam fell back a step but recovered in a second aud pronounced the word in accents of derision. ‘* Call Zeo,’*‘* Judge” Powers said to Faverell and the next moment the strong voice of the high sheriff called the owner of the Yellow Witch Mine. : There was no resporse for Zeo was not in canrh, and a messengcr was dispatched to her ouse. ‘“ What does the Enchantress know?’ asked Reynard when Sarcy had fallen back to where he stood while the court waited for the woman. ‘¢ More than you think,” was the reply. ‘* But the court will not believe her testimony. Do you expect to make a jury like the one yon- der disagree?” Sarcy looked at the twelve bronzed men a few feet away and studied the group for a few esa the only hope,” whispered h oy is only hope,” w e. °° know that the jury belongs to Don Diamond ag —. — — +p i ey rd EomIcbooks: ai