by Various
"Him?" said Mowry; "that there tailor-made boy? They've got him sleepin' at the Barracks."
"Nobody but our crowd's boarding here," said some one.
"They think we're laying for their witnesses," said the voice of Jenks. And among the various mingled laughs rose distinct a big one that I knew.
"Oh, ho, ho! Well, yes. Tell you about witnesses. Here's all there is to them: spot cash to their figure, and kissing the Book. You've done no work but what I told you?" he added, sharply.
"We haven't needed to worry about witnesses in any shape, Bishop."
"That's good. That's economy. That little Eastern toorist is harmless."
"Leave him talk, Bishop. Leave 'em all tell their story."
"It's going to cost the whole stake, though," said Jenks.
"Deserted Jericho!" remarked old Meakum.
"I don't try cases for nothing, Bishop. The deal's covered. My clients have publicly made over to me their horses and saddles."
"Oh, ho, ho!" went the Bishop. But this last word about the horses was the only part of the talk I could not put a plain meaning upon.
Mr. Mowry I now saw re-enter the lighted door of the office, with his canvas sack in his hand. "This'll be right here in the safe," said he.
"All right," answered Jenks. "I'll not be likely to call on you any more for a day or so."
"Hello!" said the office clerk, appearing in his shirt-sleeves. "You fellows have made me forget the antelope." He took down a lantern, and I rose to my feet.
"Give us a drink before you feed him," said Jenks. Then I saw the whole of them crowd into the door for their nightcap, and that was all I waited for.
I climbed the garden fence. My thoughts led me at random through quantities of soft dust, and over the rails, I think, several times, until I stood between empty and silent freight trains, and there sat down. Harmless! It seemed to me they would rate me differently in the morning. So for a while my mind was adrift in the turbulent cross-currents of my discovery; but it was with a smooth, innocent surface that I entered the hotel office and enjoyed the look of the clerk when he roused and heard me, who, according to their calculations, should have been in slumber at the Barracks, asking to be shown my room here. I was tempted to inquire if he had fed the antelope--such was the pride of my elation--and I think he must have been running over questions to put me; but the two of us marched up the stairs with a lamp and a key, speaking amiably of the weather for this time of year, and he unlocked my door with a politeness and hoped I would sleep well with a consideration that I have rarely met in the hotel clerk. I did not sleep well. Yet it seemed not to matter. By eight I had breakfast, and found the attorney--Rocklin I shall name him, and that will have to answer--and told him how we had become masters of the situation.
He made me repeat it all over, jotting memoranda this second time; and when my story was done, he sat frowning at his notes, with a cigar between his teeth.
"This ain't much," he said. "Luckily I don't need anything more. I've got a dead open-and-shut case without it."
"Why don't you make it deader, then?" said I. "Don't you see what it all means?"
"Well, what does it all mean?"
Either the man was still nettled at my treatment of him last evening, or had no liking for amateur opinions and help; otherwise I see no reason for the disparagement with which he regarded me while I interpreted what I had overheard, piece by piece, except the horse and saddle remark.
"Since that don't seem clear, I'll explain it to you," he said, "and then you'll know it all. Except their horses and saddles, the accused haven't a red cent to their names--not an honest one, that is. So it looks well for them to be spending all they've apparently got in the world to pay counsel fees. Now I have this case worked up," he pursued, complacently, "so that any such ambiguous stuff as yours is no good to me at all--would be harmful, in fact. It's not good policy, my friend, to assail the character of opposing counsel. And Bishop Meakum! Are you aware of his power and standing in this section? Do you think you're going to ring him in?"
"Great goodness!" I cried. "Let me testify, and then let the safe be opened."
Rocklin looked at me a moment, the cigar wagging between his teeth, and then he lightly tossed his notes in the waste-paper basket.
"Open your safe," said he, "and what then? Up steps old Mowry and says, 'I'll thank you to let my property alone.' Where's your proof? What word did any of them drop that won't bear other constructions? Mowry's well known to have money, and he has a right to give it to Jenks."
"If the gold could be identified?" I suggested.
"That's been all attended to," he answered, with increasing complacence. "I'm obliged to you for your information, and in a less sure case I might risk using it, but--why, see here; we've got 'em hands down!" And he clapped me on the knee. "If I had met you last evening I was going to tell you our campaign. Pidcock'll come first, of course, and his testimony'll cover pretty much the whole ground. Then, you see, the rest of you I'll use mainly in support. Sergeant Brown--he's very strong, and the black woman, and you--I'll probably call you third or fourth. So you'll be on hand sure now?"
Certainly I had no thought of being anywhere else. The imminence of our trial was now heralded by the cook's coming to Rocklin's office punctual to his direction, and after her Pidcock almost immediately. It was not many minutes before the more important ones of us had gathered, and we proceeded to court, once again a Combination Extraordinary--a spectacle for Tucson. So much stir and prosperity had not blossomed in the town for many years, its chief source of life being the money that Lowell Barracks brought to it. But now its lodgings were crowded and its saloons and Mexican dens of entertainment waked to activity. From a dozing sunburnt village of adobe walls and almond-trees it was become something like those places built in a single Western day of riot extravagance, where corner lots are clamored for and men pay a dollar to be shaved.
Jenks was before us in the room with his clients. He was practising what I always think of as his celluloid smile, whispering, and all-hail with everybody. One of the prisoners had just such another mustache as his own, too large for his face; and this had led me since to notice a type of too large mustaches through our country in all ranks, but of similar men, who generally have either stolen something or lacked the opportunity. Catching sight of me, Jenks came at once, friendly as you please, shaking my passive hand, and laughing that we should meet again under such circumstances.
"When we're through this nuisance," said he, "you must take dinner with me. Just now, you understand, it wouldn't look well to see me hobnobbing with a government witness. See you again!" And he was off to some one else.
I am confident this man could not see himself as others--some others, at least--saw him. To him his whole performance was natural and professional, and my view that he was more infamous by far than the thieves would have sincerely amazed him. Indeed, for one prisoner I felt very sorry. Young black curly was sitting there, and, in contrast to Mr. Adams, down whose beard the tobacco forever ran, he seemed downcast and unhardened, I thought. He was getting his deserts through base means. It was not for the sake of justice but from private revenge that Mrs. Sproud had moved; and, after all, had the boy injured her so much as this? Yet how could I help him? They were his deserts. My mood was abruptly changed to diversion when I saw among our jury specimens of both types of Meakum, and prominent among the spectator throng their sire, that canny polygamist, surveying the case with the same forceful attention I had noticed first in the House of Representatives, and ever since that day. But I had a true shock of surprise now. Mrs. Sproud was in court. There could be no mistake. No one seemed to notice her, and I wondered if many in the town knew her face, and with what intent she had returned to this dangerous neighborhood. I was so taken up with watching her and her furtive appearance in the almost concealed position she had chosen that I paid little heed to the government's opening of its case. She had her eyes upon black curly, but he could not see her. Pi
dcock was in the midst of his pompous recital when the court took its noon intermission. Then I was drawn to seek out black curly as he was conducted to his dinner.
"Good-day," said he, as I came beside him.
"I wish I didn't have to go on oath about this," I said.
"Oath away," he answered, doggedly. "What's that got to do with me?"
"Oh, come!" I exclaimed.
"Come where?" He looked at me defiantly.
"When people don't wish to be trailed," I went on, "do I understand they sometimes spread a blanket and lead their horses on it and take off their shoes? I'm merely asking out of a traveller's curiosity."
"I guess you'll have to ask them that's up on such tricks," he answered, grinning.
I met him in the eyes, and a strong liking for him came over me. "I probably owe you my life," I said, huskily. "I know I do. And I hate--you must consider me a poor sort of bird."
"Blamed if I know what you're drivin' at," said black curly. But he wrinkled his forehead in the pleasant way I remembered. "Yer whiskey was good all right," he added, and gave me his hand.
"Look here," said I. "She's come back."
This took the boy unguarded, and he swore with surprise. Then his face grew sombre. "Let her," he remarked; and that was all we said.
At the afternoon sitting I began to notice how popular sympathy was not only quite against the United States, but a sentiment amounting to hatred was shown against all soldiers. The voice of respectability seemed entirely silent; decent citizens were there, but not enough of them. The mildest opinion was that Uncle Sam could afford to lose money better than poor people, and the strongest was that it was a pity the soldiers had not been killed. This seemed inappropriate in a Territory desiring admission to our Union. I supposed it something local then, but have since observed it to be a prevailing Western antipathy. The unthinking sons of the sage-brush ill tolerate a thing which stands for discipline, good order, and obedience, and the man who lets another command him they despise. I can think of no threat more evil for our democracy, for it is a fine thing diseased and perverted--namely, independence gone drunk.
Pidcock's examination went forward, and the half-sack of gold from the hay-stack brought a great silence in court. The Major's identification of the gold was conducted by Rocklin with stage effect, for it was an undoubted climax; but I caught a most singular smile on the face of Bishop Meakum, and there sat Mrs. Sproud, still solitary and engulfed in the throng, her face flushed and her eyes blazing. And here ended the first day.
In the morning came the Major's cross-examination, with the room more crowded than before, but I could not find Mrs. Sproud. Rocklin did not believe I had seen her, and I feared something had happened to her. The Bishop had walked to the court with Jenks, talking and laughing upon general subjects, so far as I could hear. The counsel for the prisoners passed lightly over the first part of the evidence, only causing an occasional laugh on the score of the Major's military prowess, until he came to the gold.
"You said this sack was one of yours, Major?" he now inquired.
"It is mine, sir."
A large bundle of sacks was brought. "And how about these? Here are ten, fifteen--about forty. I'll get some more if you say so. Are they all yours?"
"Your question strikes me as idle, sir." The court rapped, and Jenks smiled. "They resemble mine," said Pidcock. "But they are not used."
"No; not used." Jenks held up the original, shaking the gold. "Now I'm going to empty your sack for a moment."
"I object," said Rocklin, springing up.
"Oh, it's all counted," laughed Jenks; and the objection was not sustained. Then Jenks poured the gold into a new sack and shook that aloft. "It makes them look confusingly similar, Major. I'll just put my card in your sack."
"I object," said Rocklin, with anger, but with futility. Jenks now poured the gold back into the first, then into a third, and thus into several, tossing them each time on the table, and the clinking pieces sounded clear in the room. Bishop Meakum was watching the operation like a wolf. "Now, Major," said Jenks, "is your gold in the original sack, or which sack is my card in?"
This was the first time that the room broke out loudly; and Pidcock, when the people were rapped to order, said, "The sack's not the thing."
"Of course not. The gold is our point. And of course you had a private mark on it. Tell the jury, please, what the private mark was."
He had none. He spoke about dates, and new coins, he backed and filled, swelled importantly, and ended like a pricked bladder by recanting his identification.
"That is all I have to say for the present," said Jenks.
"Don't complicate the issue by attempting to prove too much, Mr. Rocklin," said the judge.
Rocklin flushed, and called the next witness, whispering sulkily to me, "What can you expect if the court starts out against you?" But the court was by no means against him. The judge was merely disgusted over Rocklin's cardinal folly of identifying coin under such loose conditions.
And now came the testimony of Sergeant Brown. He told so clear a story as to chill the enthusiasm of the room. He pointed to the man with the mustache, black curly, and yellow. "I saw them shooting from the right of the road," he said. Jenks tried but little to shake him, and left him unshaken. He was followed by the other wounded soldier, whose story was nearly the same, except that he identified different prisoners.
"Who did you say shot you?" inquired Jenks. "Which of these two?"
"I didn't say. I don't know."
"Don't know a man when he shoots you in broad daylight?"
"Plenty was shooting at me," said the soldier. And his testimony also remained unshaken.
Then came my own examination, and Jenks did not trouble me at all, but, when I had likewise identified the men I knew, simply bowed smilingly, and had no questions to ask his friend from the East.
Our third morning began with the negress, who said she was married, told a scattered tale, and soon stated that she was single, explaining later that she had two husbands, and one was dead, while the other had disappeared from her ten years ago. Gradually her alarm subsided and she achieved coherence.
"What did this gentleman do at the occurrence?" inquired Jenks, indicating me.
"Dat gemman? He jes flew, sir, an' I don' blame him fo' bein' no wusser skeer'd dan de hole party. Yesser, we all flew scusin' dey two pore chillun; an' we stayed till de 'currence was ceased."
"But the gentleman says he sat on a stone, and saw those men firing."
"Land! I seed him goin' like he was gwineter Fo't Grant. He run up de hill, an' de Gennul he run down like de day of judgment."
"The General ran?"
"Lawd grashus, honey, yo' could have played checkers on dey coat tails of his."
The court rapped gently.
"But the gold must have been heavy to carry away to the horses. Did not the General exert his influence to rally his men?"
"No, sah. De Gennul went down de hill, an' he took his inflooence with him."
"I have no further questions," said Jenks. "When we come to our alibis, gentlemen, I expect to satisfy you that this lady saw more correctly, and when she is unable to recognize my clients it is for a good reason."
"We've not got quite so far yet," Rocklin observed. "We've reached the hay-stack at present."
"Aren't you going to make her describe her own confusion more?" I began, but stopped, for I saw that the next witness was at hand, and that it was Mrs. Sproud.
"How's this?" I whispered to Rocklin. "How did you get her?"
"She volunteered this morning, just before trial. We're in big luck."
The woman was simply dressed in something dark. Her handsome face was pale, but she held a steady eye upon the jury, speaking clearly and with deliberation. Old Meakum, always in court and watchful, was plainly unprepared for this, and among the prisoners, too, I could discern uneasiness. Whether or no any threat or constraint had kept her invisible during these days, her coming now was a
thing for which none of us were ready.
"What do I know?" she repeated after the counsel. "I suppose you have been told what I said I knew."
"We'd like to hear it directly from you, Mrs. Sproud," Rocklin explained.
"Where shall I start?"
"Well, there was a young man who boarded with you, was there not?"
"I object to the witness being led," said Jenks. And Bishop Meakum moved up beside the prisoners' counsel and began talking with him earnestly.
"Nobody is leading me," said Mrs. Sproud, imperiously, and raising her voice a little. She looked about her. "There was a young man who boarded with me. Of course that is so."
Meakum broke off in his confidences with Jenks, and looked sharply at her.
"Do you see your boarder anywhere here?" inquired Rocklin; and from his tone I perceived that he was puzzled by the manner of his witness.
She turned slowly, and slowly scrutinized the prisoners one by one. The head of black curly was bent down, and I saw her eyes rest upon it while she stood in silence. It was as if he felt the summons of her glance, for he raised his head. His face was scarlet, but her paleness did not change.
"He is the one sitting at the end," she said, looking back at the jury. She then told some useless particulars, and brought her narrative to the afternoon when she had heard the galloping. "Then I hid. I hid because this is a rough country."
"When did you recognize that young man's voice?"
"I did not recognize it."
Black curly's feet scraped as he shifted his position.
"Collect yourself, Mrs. Sproud. We'll give you all the time you want. We know ladies are not used to talking in court. Did you not hear this young man talking to his friends?"
"I heard talking," replied the witness, quite collected. "But I could not make out who they were. If I could have been sure it was him and friends, I wouldn't have stayed hid. I'd have had no call to be scared."
Rocklin was dazed, and his next question came in a voice still more changed and irritable.
"Did you see any one?"
"No one."
"What did you hear them say?"
