by James Otis
CHAPTER XXXII
ACQUITTED
If Skip had been an actor in a pantomime, and rehearsed the scene everyday for a week, he could not have arrived more precisely, than when hemade his appearance at the very moment Mr. Hunter was about to declarethe defense closed.
Sam and Fred sprang to their feet as he entered the door, and Joeactually shouted, so great was his joy and relief; but he was speedilymade to understand by the officers that another breach of decorum asflagrant would result in his expulsion from the court-room.
Following Skip came the constable leading Tim, who looked frightened andpale. Mr. Hunter at once called the prisoner to the witness stand.
Not knowing that Gus had denied having seen the money, Tim soon saidenough to convict himself, and in a few moments was ready to confesshis share in the matter.
"I didn't take it," he said, whiningly. "Gus showed me the money here intown an' told as how he'd sneaked it out of the pocket of a feller whathe found asleep on the mountain. He agreed that I could have half if I'dgo off somewhere with him."
"Where is he now?" Mr. Hunter asked.
"I don't know. When I went for some grub he was watchin' Fred Byram whatwe caught followin' us."
"What had been done with the money?"
"He had all that was left but ten dollars, an' I was goin' to spendthat."
"What had Fred Byram done to you?"
"Tried to get the stuff, so's his chum wouldn't be sent to jail."
"How did he know you had the bills?"
"That's what puzzles me, 'less Gus give himself away to Skip Miller."
"Have you seen your friend since you left him to go in search ofprovisions?"
"If I had he'd been used up pretty bad for runnin' off with the cashafter coaxin' me to leave town with him."
Very little more in the way of evidence was needed, and in a short timeSam was told by the judge that there was nothing to show he was at faultin the matter, except so far as being careless in lying down to sleep,while having such an amount of money in his pocket.
With this slight reprimand he was discharged from custody, and Tim sentto jail.
When the partners were in the street once more Joe found it almostimpossible to keep his joy within bounds. He acted in the mostextravagant manner until Fred reminded him that the people might thinkhe was intoxicated.
"We'll telegraph to Bill, anyhow," he cried, and straightway thefollowing message was sent:
"WILLIAM THOMAS, Farley's, Pa.:
"Skip Miller has fixed everything. Sam is free. Hurrah for Skip.
JOE."
"There," he said, after writing the telegram, a task of no meanmagnitude for him, "that puts the credit jest where it belongs. I ain'tsayin' the lawyer didn't do his share; but he'd been snowed under if Timhadn't been brought in the nick of time."
Skip was radiant with delight, as he had every reason to be, since nowhe felt certain his past misdeeds were atoned for, and the partnersrepeated over and over again that they owed him a debt which could neverbe repaid.
Mr. Hunter insisted that the owners of the mine should remain inBlacktown until he learned whether sufficient money could be raised withwhich to defend the suit brought against them; but Joe was bent on goingto the depot for the purpose of witnessing Mr. Wright's departure.
"I want to see how he an' and his precious cashier look after failin' inconvictin' an innocent boy of stealin' what never oughter been put inhis charge."
Fred did not care to indulge in such questionable triumph; but the minerwas so persistent that he could not well refuse, and the three stood onthe platform when their accusers boarded the cars.
Neither of the men glanced toward the little group; but a bystander whohad been present at the trial, said loud enough to be heard by both:
"It looks like pretty poor business for a big corporation to try to senda boy to jail in order that he may be robbed of his property."
"You're a sensible man," Joe cried, approvingly, as he insisted onshaking hands with the stranger, "an' if the time ever comes when me ormy mate can do you a good turn we'll be glad."
After this the four walked to the hotel, for Skip was sadly in need offood, and Joe said, in a tone of satisfaction:
"I'm willin' to bet considerable that when we get back to Farley's we'llfind as how Wright has gone somewhere on business, an' the cashier istakin' a vacation. Bill will show my telegram to everybody what comesin, and the whole town will be agin 'em."
"If the company wins the suit, Mr. Wright won't care very much aboutwhat is said, for with two mines he will be the boss of this section,"Sam replied. "I don't bother with anything at Farley's jest now; thecompany can run matters to please themselves, if they fail to cheat usout of our property."
Now that one cause for anxiety was removed the partners devoted moretime to discussing the question of title, and before night-fall hadsucceeded in making themselves feel decidedly uncomfortable.
During the evening Mr. Hunter called with cheering news.
"Among the subscribers I have found four gentlemen of means, who willadvance the funds necessary for defending the suit, provided they areallowed a certain additional amount of stock in case of success. Thefour owners of the property must sign an agreement to that effect, andthe business is settled."
"How will that affect our interest?" Fred asked.
"I think an equitable arrangement would be to give you jointly one-halfthe amount of stock issued, and with the remainder there will be nodifficulty in raising sufficient to open and operate the mine."
"Is that a fair division? We know very little about such things."
"If there had been no trouble your share would be larger; but, under thecircumstances, I think the proposition a generous one."
"Then we are satisfied," Joe replied. "Bring on your documents so we cansign 'em, for I want to get back to-morrow."
"I will write the agreement, and go to Farley's with you on the firsttrain. Money for your personal expenses is to be advanced, and here isan installment. When it is gone come to me for more."
"A hundred dollars!" Joe exclaimed, as he counted the bills. "We can'tcomplain but that your subscribers are doing the thing in good style."
"So they should since a large amount of money is to be made, if we aresuccessful with the suit."
Then Mr. Hunter left the partners, and Skip, who was already looked uponas a member of the new company, and they found ample material forconversation until it was time to retire.
Next morning the party started for Farley's in company with the lawyerand one of the gentlemen who proposed to advance the capital.
There were only a few people at the depot; but from them Sam received amost cordial welcome. Men whom he had never spoken to beforecongratulated him upon the happy result of the trial, and many were theharsh words spoken against the superintendent and cashier.
After he ran home to see his mother for a moment the four partnersassembled in Bill's chamber, and there the necessary documents weredrawn up.
"I have already applied for a charter," Mr. Hunter said, when all hadsigned, "and it only remains to win the case before opening the mine."
"You'll keep us posted about what is goin' on?" Bill asked, and thelawyer replied in the affirmative, when he and the prospectivestockholder took their departure, leaving the boys and Joe to gratifythe invalid's curiosity concerning the happenings at Blacktown.
On this day Fred saw Chunky for the first time since the discovery ofthe vein, and the breaker boy expressed his satisfaction at the resultof the trial.
"I knowed Sam wouldn't steal money," he said, emphatically; "but itlooked one spell as if they'd prove it on him."
"If it hadn't been for Skip matters never would have been made so plain,and even if he was acquitted, some folks might have thought him guilty."
"Yes, Skip did a good job there," Chunky said, reflectively. "It's funnyhe made such great friends with you fellers after bei
n' so wild toserve you out. He's left the regulators, too, an' now I can be captain,if I want to."
"Why, I thought that foolish business had all been done away with."
"Not much it ain't. We can get along without Skip, an' not half try."
"Don't have anything to do with such fellows, Chunky. You'll only getinto trouble, and the time is sure to come when, like Skip, you'll besorry for ever having had any connection with them."
"He didn't run the concern same's I'm goin' to do, if I get to becaptain," Chunky replied, with a mysterious gesture, and then he hurriedaway in the direction of the breaker.
During the week which followed Sam's acquittal nothing of especialinterest occurred. Bill was getting along as well as could have beenexpected; but both he and his partners were decidedly dejected as to theresult of Mr. Wright's claim.
As the days passed they grew more despondent, until Mrs. Byram insistedthat nothing more be said about the suit in the presence of the invalid,because his extreme nervousness tended to excite fever.
Then came the day on which a telegram was received from Mr. Hunter,requesting one or more of the partners to call at his office, and Joeand Fred made ready to answer the summons.
"Don't keep me waiting for the news," Bill said sharply. "I can't helpthinkin' Wright will spring some kind of a game on us, if he thinksthere's any chance this scheme might fail."
"If we're wanted on that business you shall hear the minute we knowabout it," Joe replied, and then he and Fred started, preferring to walkrather than wait for the train.
Contrary to Brace's belief, both Mr. Wright and the cashier had remainedat Farley's after the trial. It is possible they heard a few unwelcometruths; but, as a rule, those who were forced to work under them did notdare to speak too plainly.
Neither Joe nor Fred had seen the gentlemen since they stepped on boardthe cars at Blacktown, but now they were met face to face when thetravelers arrived at the out-cropping vein.
The superintendent nodded carelessly, much as he would have done towarda stranger, while his companion deliberately turned his back upon thenew-comers.
Joe whistled as he passed on, to show how little concern he felt atmeeting the two whom he considered enemies, but he whispered to Fredwhen they were farther down the mountain:
"I want to know what them fellers are doin' out here. It looks as ifsome crooked work was goin' on."
"They can't run away with the vein," Fred replied laughingly, "and Idon't see how their being in this vicinity can hurt us."
"Nor I; but it won't do any harm to watch 'em. They're none too honestto play any kind of a mean trick."
"It's too late to turn now, for they'd surely know what we were up to."
"We can keep on a little farther, an' then double back under cover ofthe trees."
"All right. I don't suppose it will make much difference if we loaf abit."
Joe walked straight ahead until they were within shelter of a line offoliage, and then turning sharply to the left, circled around the sideof the mountain to a point just above the vein, where the two men couldbe plainly seen, while the watchers were hidden among the bushes.
Mr. Wright and the cashier at first sight appeared to be walkingaimlessly to and fro, as if calculating the width of the coal mine, andnow and then the former stooped to pull up a stake, which he placed inanother position.
"It looks as if they was figgerin' how wide the slope would have to be,"Joe whispered. "I reckon we've wasted our time sneakin' over here."
"They are moving the stakes driven by the surveyors!" Fred exclaimed,after a brief pause.
"But what good will that do 'em?"
"I don't know; of course, the lines can be run again by any one; butthere must be a scheme in it, for Mr. Wright wouldn't be out here unlesssomething could be gained by it."
"They've got no right on our land, an' I'll warn them off," Joe said, ashe arose excitedly to his feet.
"Don't so much as show yourself. We'll hurry on to see Mr. Hunter; he'llknow what is up."
"Come on, then, an' be quick about it, for there's no tellin' when thesetricks are dangerous."
The miner and the boy literally ran down the hill, slackening not thepace until forced to do so, and both were nearly breathless when theyneared the lawyer's office.
Before Mr. Hunter could speak Joe told what had been seen, and thatgentleman grew quite as excited as were the others.
"I learned yesterday that Wright had bought a strip of land near yours,regardless of the fact that he claims to own this side of the mountain,and has ordered a force of workmen there immediately. We now know he ischanging the surveyor's stakes in order to erect buildings on our tract,and thus force us to become plaintiffs instead of defendants.
"How would that benefit him?"
"In several ways which I have not time to explain. Wait here until Ireturn."
Then Mr. Hunter left the office in great haste, and Fred and Joe lookedat each other in dismay.
