CHAPTER XIV
Lowell consulted with Judge Garford and Sheriff Tom Redmond, and it wasdecided to keep Jim McFann in jail at the agency until time for histrial for complicity in the first murder on the Dollar Sign road.
Sheriff Redmond admitted that, owing to the uncertainty of publicsentiment, he could not guarantee the half-breed's safety if McFann werelodged in the county jail. Consequently the slayer of Bill Talpersremained in jail at the agency, under a strong guard of Indian police,supplemented by trustworthy deputies sent over by Redmond.
The killing of Talpers was the excuse for another series of attacks onLowell by the White Lodge paper. Said the editor:
The murder of our esteemed neighbor, William Talpers, by James McFann, a half-breed, is another evidence of the necessity of opening the reservation to white settlement.
This second murder on the Dollar Sign road is not a mystery. Its perpetrator was seen at this bloody work. Furthermore, he is understood to have coolly confessed his crime. But, like the first murder, which is still shrouded in mystery, this was a crime which found its inception on the Indian reservation. Are white residents adjacent to the reservation to have their lives snuffed out at the pleasure of Government wards and reservation offscourings in general? Has not the time come when the broad acres of the Indian reservation, which the redskins are doing little with, should be thrown open to the plough of the white man?
"'Plough of the white man' is good," cynically observed Ed Rogers, aftercalling Lowell's attention to the article. "If those cattlemen ever getthe reservation opened, they'll keep the nesters out for the next fortyyears, if they have to kill a homesteader for every hundred and sixtyacres. So far as Bill Talpers's killing is concerned, I can't see butwhat it is looked upon as a good thing for the peace of the community."
It seemed to be a fact that Jim McFann's act had appealed irresistiblyto a large element. Youthful cowpunchers rode for miles and waited aboutthe agency for a glimpse of the gun-fighter who had slain theredoubtable Bill Talpers in such a manner. None of them could get nearthe jail, but they stood in picturesque groups about the agency,listening to the talk of Andy Wolters and others who had been on more orless intimate terms with the principals in the affair.
"And there was me a-snoozin' in that breed's camp the very day before hedone this shootin'," said Andy to an appreciative circle. "He must havehad this thing stewin' in his head at the time. It's a wonder he didn'tthrow down on me, jest for a little target practice. But I guess hefiggered he didn't need no practice to get Bill Talpers, and judgin'from the way things worked out, his figgerin' was right. Some artistwith the little smoke machine, that boy, 'cause Bill Talpers wasn't noslouch at shootin'! I remember seein' Bill shoot the head off arattlesnake at the side of the road, jest casual-like, and when it cometo producin' the hardware he was some quick for a big man. He more thanmet his match this time, old Bill did. And, by gosh! you can bet thatnobody after this ever sends me out to any dry camps in the brush totake supplies to any gunman who may be hid out there. Next time I mightsnooze and never wake up."
All was not adulation for Jim McFann. Because of the Indian strain inhis blood a minor undercurrent of prejudice had set in against him, moreparticularly among the white settlers and the cattlemen who were castingcovetous eyes on reservation lands. While McFann was not strictly a wardof the Government, he had land on the reservation. His lot was cast withthe Indians, chiefly because he found few white men who would associatewith him on account of his Indian blood. Talpers was not loved, but thekilling of any white man by some one of Indian ancestry was something tofan resentment without regard to facts. Bets were made that McFann wouldnot live to be tried on the second homicide charge against him, manyholding the opinion that he would be hanged, with Fire Bear, for thefirst murder. Also wagers were freely made that Fire Bear would not beproduced in court by the Indian agent, and that it would be necessary tosend a force of officers to get the accused Indian.
Lowell apparently paid no attention to the rumors that were flyingabout. A mass of reservation detail had accumulated, and he worked hardto get it out of the way before the trial. He had made changes in theboarding-school system, and had established an experimental farm at theagency. He had supervised the purchase of livestock for the improvementof the tribal flocks and herds. In addition there had been the personaldemands that shower incessantly upon every Indian agent who isinterested in his work.
Reports from the reservation agriculturists, whose work was to help theIndians along farming lines, were not encouraging. Drought wascontinuing without abatement.
"The last rain fell the day before the murder on the Dollar Sign road,"said Rogers. "Remember how we splashed through mud the day we ran outthere and found that man staked down on the prairie?"
"And now the Indians are saying that the continued drought is due toFire Bear's medicine," observed Lowell. "Even some of the moreconservative Indians believe there is no use trying to raise crops untilthe charge against Fire Bear is dismissed and the evil spell is lifted."
In spite of the details of reservation management that crowded upon him,Lowell found time for occasional visits to the Greek Letter Ranch to seeHelen Ervin. He told her the details of the Talpers shooting, so far ashe knew them.
"There isn't much that I can tell about the cause of the shooting," saidLowell, in answer to one of her questions. "I could have had all thedetails, but I cautioned Jim McFann to say nothing in advance of histrial. But from what I have gathered here and there, Jim and Talpersfell out over money matters. A thousand-dollar bill was found on thefloor under Talpers's body. It had evidently been taken from the safe,and might have been what they fought over."
Helen nodded in comprehension of the whole affair, though she did nottell Lowell that he had made it clear to her. She guessed that in someway Jim McFann had come into possession of the facts of his partner'sperfidy. She wondered how the half-breed had found out that Talpers hadtaken money from the murdered man and had not divided. She had held thatknowledge over Talpers's head as a club. She could see that he fearedMcFann, and she wondered if, in his last moments, Talpers had wrongfullyblamed her for giving the half-breed the information which turned himinto a slayer.
"Anyway, it doesn't make much difference what the fight was over,"declared Lowell. "Talpers had been playing a double game for a longtime. He tried just once too often to cheat his partner--somethingdangerous when that partner is a fiery-tempered half-breed."
"Is this shooting of Talpers going to have any effect on McFann's trialfor the other murder?" asked Helen.
"It may inflame popular sentiment against both men stillfurther--something that never seems to be difficult where Indians areconcerned."
Lowell tried in vain to lead the talk away from the trial.
"Look here," he exclaimed finally, "you're worrying yourselfunnecessarily over this! I don't believe you're getting much of anysleep, and I'll bet Wong will testify that you are eating very little.You mustn't let matters weigh on your mind so. Talpers is gone, and youhave the letter that was in his safe and that he used as a means ofworrying you. Your stepfather is getting better right along--so much sothat you can leave here at any time. Pretty soon you'll have this placeof tragedy off your mind and you'll forget all about the Indianreservation and everything it contains. But until that time comes, Iprescribe an automobile ride for you every day. Some of the roads aroundhere will make it certain that you will be well shaken before theprescription is taken."
Lowell regretted his light words as soon as he had uttered them.
"This trial is my whole life," declared the girl solemnly. "If those menare convicted, there can never be another day of happiness for me!"
* * * * *
On the morning set for the opening of the trial, Lowell left hisautomobile in front of his residence while he ate breakfast. To allappearances there was nothing unusual about this breakfast. It wasserved at the custom
ary time and in the customary way. Apparently theyoung Indian agent was interested only in the meal and in some letterswhich had been sent over from the office, but finally he looked up andsmiled at the uneasiness of his housekeeper, who had cast frequentglances out of the window.
"What is it, Mrs. Ruel?" asked Lowell.
"The Indian--Fire Bear. Has he come?"
"Oh, that's what's worrying you, is it? Well, don't let it do so anymore. He will be here all right."
Mrs. Ruel looked doubtful as she trotted to the kitchen. Returning, shestood in the window, a steaming coffee-pot in her hands.
"Tell me what you see, Sister Annie," said Lowell smilingly.
"Nawthin' but the kids assemblin' for school. There's old Pete, theblacksmith, purtendin' to be lookin' your machine over, when he's justcome to rubber the way I am, f'r that red divvle. They're afraid, mostof the agency folks, that Fire Bear won't show up. I wouldn't take anInjun's word f'r annythin' myself--me that lost an uncle in theFetterman massacree. You're too good to 'em, Mister Lowell. You shouldhave yanked this Fire Bear here in handcuffs--him and McFann together."
"Your coffee is fine--and I'll be obliged if you'll pour me some--butyour philosophy is that of the dark ages, Mrs. Ruel. Thanks. Now tell mewhat traveler approaches on the king's highway."
Mrs. Ruel trotted to the window, with the coffee-pot still in her hands.
"It's some one of them educated loafers that's always hangin' around thetrader's store. I c'n tell by the hang of the mail-order suit. No, itain't! He's climbin' off his pony, and now he's jumped into the back ofyour automobile, and is settin' there, bold as brass, smokin' acigarette. It's Fire Bear himself!"
"I thought so," observed Lowell. "Now another cup of coffee, please, anda little more of that toast, and we'll be off to the trial."
Mrs. Ruel returned to the kitchen, declaring that it really didn't proveanything in general, because no other agent could make them redskins dothe things that Mister Lowell hypnotized 'em into doin'.
Lowell finished his breakfast and climbed into his automobile, after afew words with Fire Bear. The young Indian had started the day beforefrom his camp in the rocks. He had traveled alone, and had not resteduntil he reached the agency. Lowell knew there would be much dancing inthe Indian camp until the trial was over.
Driving to the agency jail, Lowell had McFann brought out. Thehalf-breed, unmanacled and without a guard, sat beside Fire Bear in theback seat. Lowell decided to take no policemen from the reservation. Hewas certain that Fire Bear and McFann would not try to escape from him.The presence of Indian policemen might serve only to fan the veryuncertain public sentiment into disastrous flames.
White Lodge was crowded with cattlemen and homesteaders and theirfamilies, who had come to attend the trial. A public holiday was made ofthe occasion, and White Lodge had not seen such a crowd since the annualbronco-busting carnival.
As he drove through the streets, Lowell was conscious of a change inpublic feeling. The prisoners in the automobile were eyed curiously, butwithout hatred. In fact, Jim McFann's killing of Talpers, which had beengiven all sorts of dramatic renditions at camp-fires and firesides, hadraised that worthy to the rank of hero in the eyes of the majority. Alsothe coming of Fire Bear, as he had promised, sent up the Indian's stock.As Lowell took his men to the court-room he saw bets paid over by menwho had wagered that Fire Bear would not keep his word and that he wouldhave to be brought to the court-room by force.
The court-house yard could not hold the overflow of spectators from thecourt-room. The crowd was orderly, though there was a tremendous craningof necks when the prisoners were brought in, to see the man who hadkilled so redoubtable a gunman as Bill Talpers. Getting a jury wasmerely a matter of form, as no challenges were made. The trial openedwith Fire Bear on the stand.
The young Indian added nothing to the testimony he had given at hispreliminary hearing. He told, briefly, how he and his followers hadfound the body beside the Dollar Sign road. The prosecuting attorney wasquick to sense a difference in the way the Indian's story was received.When he had first told it, disbelief was evident. Today it seemed to beimpressing crowd and jury as the truth.
The same sentiment seemed to be even more pronounced when Jim McFanntook the stand, after Fire Bear's brief testimony was concluded withoutcross-examination. Audience and jury sat erect. Word was passed out tothe crowd that the half-breed was testifying. In the court-room therewas such a stir that the bailiff was forced to rap for order.
The prosecuting attorney, seeing the case slipping away from him, wasmoved to frantic denunciations. He challenged McFann's every statement.
"You claim that you had lost your lariat and were looking for it. Alsothat you came upon this dead body, with your rope used to fasten themurdered man to stakes that had been driven into the prairie?" sneeredthe attorney.
"Yes;" said McFann.
"And you claim that you were frightened away by the arrival of Fire Bearand his Indians before you had a chance to remove the rope?"
"Yes; but I want to add something to that statement," said thehalf-breed.
"All right--what is it?"
"There was another man by the body when I came there looking for myrope."
"Who was that man?"
"Talpers."
A thrill ran through the court-room as the half-breed went on anddescribed how he had found the trader stooping over the murdered man,and how Talpers had shown him a watch which he had taken from thevictim, but claimed that was all the valuables that had been found. Alsohe described how Talpers had prevailed upon him to keep the trader'spresence a secret, which McFann had done in his previous testimony.
"Why do you come in with this story, at this late day?" asked theattorney.
"Because Talpers was lying to me all the time. He had taken money fromthat man--some of it in thousand-dollar bills. I did not care for themoney. It was just that this man had lied to me, after I had done allhis bootlegging work. He was playing safe at my expense. If it had beenfound that the dead man was robbed, he was ready to lay the blame on me.When I heard of the money he had hidden, I knew the game he had played.I walked in on him, and made him take the dead man's money from hissafe. I threw the money in his face and dared him to fight. When hetried to shoot me, I killed him. It was better that he should die. Idon't care what you do with me, but how are you going to hang Fire Bearor hang me for being near that body, _when Bill Talpers was therefirst_?"
Jim McFann's testimony remained unshaken. Cast doubt upon it as hewould, the prosecuting attorney saw that the half-breed's new testimonyhad given an entirely new direction to the trial. He ceased trying tostem the tide and let the case go to the jury.
The crowd filed out, but waited around the court-house for the verdict.The irrepressible cowpunchers, who had a habit of laying wagers onanything and everything, made bets as to the number of minutes the jurywould be out.
"Whichever way it goes, it'll be over in a hurry," said Tom Redmond toLowell, "but hanged if I don't believe your men are as good as free thisminute. Talpers's friends have been trying to stir up a lot of sentimentagainst Jim McFann, but it has worked the other way. The hull countyseems to think right now that McFann done the right sort of a job, andthat Talpers was not only a bootlegger, but was not above murder, andwas the man who committed that crime on the Dollar Sign road. Of course,if Talpers done it, Fire Bear couldn't have. Furthermore, this youngInjun has made an awful hit by givin' himself up for trial the way hehas. To tell you the truth, I didn't think he'd show up."
Lowell escaped as soon as he could from the excited sheriff and soughtHelen Ervin, whom he had seen in the court-room.
"I'm sorry I couldn't come to get you, on account of having to bring inthe prisoners," said Lowell, "but I imagine this is the last ride toWhite Lodge you will have to take. The jury is going to decidequickly--or such is the general feeling."
Lowell had hardly spoken when a shout from the crowd on the court-housesteps announced to the others that the jury had
come in.
Lowell and Helen found places in the court-room. Judge Garford had notleft his chambers. As soon as the crowd had settled down, the foremanannounced the verdict.
"Not guilty!" was the word that was passed to those outside thebuilding. There was a slight ripple of applause in the court-room whichthe bailiff's gavel checked. Lowell could not help but smile bitterly ashe thought of the different sentiment at the close of the preliminaryhearing, such a short time before. He wondered if the same thought hadcome to Judge Garford. But if the aged jurist had made any comparisons,they were not reflected in his benign features. A lifetime among scenesof turbulence, and watching justice gain steady ascendancy over frontierlawlessness, had made the judge indifferent to the manifestations of themoment.
"It's just as though we were a lot of jumping-jacks," thought Lowell,"and while we're doing all sorts of crazy things, the judge is lookingfar back behind the scenes studying the forces that are making us go.And he must be satisfied with what he sees or our illogical actionswouldn't worry him so little."
Fire Bear and McFann took the verdict with customary calm. The Indianwas released from custody and took his place in Lowell's automobile. Thehalf-breed was remanded to jail for trial for the Talpers slaying.Lowell, after saying good-bye to the half-breed, lost no time instarting for the agency. On the way he caught up with Helen, who wasriding leisurely homeward. As he stopped the machine she reined up herhorse beside him and extended her hand in congratulation.
"You're not the only one who is glad of the acquittal," she exclaimed."I am glad--oh, I cannot tell you how much!"
Lowell noticed that her expression of girlishness had returned. Theshadow which had fallen upon her seemed to have been liftedmiraculously.
"Wasn't it strange the way things turned out?" she went on. "A littlewhile ago every one seemed to believe these men were guilty, and nowthere's not a one who doesn't seem to think that Talpers did it."
"There's one who doesn't subscribe to the general belief," answeredLowell.
"What do you mean?"
Lowell was conscious that she was watching him narrowly.
"I mean that I don't believe Bill Talpers had anything to do withmurdering that man on the Dollar Sign road!"
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