Silver and Gold: A Story of Luck and Love in a Western Mining Camp

by Dane Coolidge

  CHAPTER XXVI

  THE COURSE OF THE LAW

  As he lay in his cell in the county jail at Moroni it was borne in uponDenver that he was caught in some great machine that ground out men as amill grinds grain. It had laid a cold hand on him in the person of anofficer of the law, it had inched him on further when a magistrate hadexamined him and Chatwourth and his jumpers had testified; and now, ashe awaited his day in court, he wondered whither it was taking him. Themagistrate had held him, the grand jury had indicted him--would thejudge and jury find him guilty? And if so, would they send him to thePen? His heart sank at that, for the name of "ex-convict" is somethingthat cannot be laid. No matter what the crime or the circumstances ofthe trial, once a man is convicted and sent to prison that name canalways be hurled at him--and Denver knew that he was not guilty.

  He had no recollection of even drawing his gun, to say nothing ofstriking at Meacham; and yet Chatwourth and his gang would swear himinto prison if something was not done to stop them. They had come beforethe magistrate all agreeing to the same story--that Denver had picked afight with his old enemy, Meacham, and struck him over the head with hissix-shooter. And then they showed Denver's pistol; the one he hadborrowed from Bunker, all gory with hair and blood. It was a frame-upand he knew it, for they had all been striking at him and one of themhad probably hit Meacham; but how was he to prove to the satisfaction ofthe court that Murray's hired gun-men were trying to hang him? His onlypossible witness was Professor Diffenderfer, and he would not testify toanything.

  In his examination before the magistrate Denver had called upon theProfessor to explain the cause of his being there; but Diffenderfer hadprotested that he had been hiding in his cabin and knew nothing whateverabout the fight. Yet if the facts could be proved, Denver had not goneup the street to shoot it out with the jumpers; he had gone at theinvitation of this same Professor Diffenderfer who now so carefullyavoided his eye. He had been called to the Professor's cabin to look ata specimen of the copper from Murray's tunnel; but as Denver thought itover a shrewd suspicion came over him that he had been lured into awell-planned trap. They had never been over-friendly so why should thisDutchman, after opposing him at every turn, suddenly beckon him up thestreet and into his cabin just as Chatwourth and his gang came down? Andwhy, if he was innocent of any share in the plot, did Diffenderferrefuse to testify to the facts? Denver ground his teeth at the thoughtof his own impotence, shut up there like a dog in the pound. He washelpless, and his lawyer would do nothing.

  The first thing he had done when he was brought to Moroni was to hire asecond-rate lawyer but, after getting his money, the gentleman had spenthis time in preparing some windy brief. What Denver needed was somewitnesses, to swear to his good character, and Diffenderfer to swear tothe facts; and no points of law were going to make a difference as longas the truth was suppressed. Old Bunk alone stood by him, though hecould do little besides testifying to his previous good character. Dayafter day Denver lay in jail and sweated, trying to find some possibleway out; but not until the morning before his trial did he sense thereal meaning of it all. Then a visitor was announced and when he came tothe bars he found Bible-Back Murray awaiting him.

  "Good morning, young man," began Murray smiling grimly, "I was justpassing by and I thought I'd drop in and talk over your case for amoment."

  "Yes?" said Denver looking out at him dubiously, and the great mansmiled again. He _was_ a great man, as Denver had discovered to hissorrow, for no one in the country dared oppose him.

  "I regret very much," went on Murray pompously, "to find you in thisposition, and if there's anything I can do that is just and right Ishall be glad to use my influence. We have, as you know, here in theState of Arizona one of the most enlightened governments in the country;and a word from me, if spoken in time, might possibly save you fromconviction. Or, in case of conviction, our prison law is such that youmight immediately be released under parole. But before I take anyaction----" he lowered his voice--"you might give me a quit-claim forthat mine."

  "Oh" said Denver, and then it was that the great ray of light came overhim. He could see it all now, from Murray's first warning to this lastbold demand for his mine; but two months in jail had broken his spiritand he hesitated to defy the county boss. His might be the hand thatheld Diffenderfer back, and it certainly was the one that paidChatwourth; he controlled the county and, if what he said was true, hadno small influence in the affairs of the state. And now he gave him thechoice between going to prison or giving up the Silver Treasure.

  "What is this?" inquired Denver, "a hold-up or a frame-up?"

  "I don't know what you're talking about," answered Murray curtly, "butif you're still in a mood for levity----" He turned away but as Denverdid not stop him he returned of his own will to the bars.

  "Now see here," he said, "this has gone far enough, if you expect tokeep out of prison. I came down here to befriend you and all I ask inreturn is a clear title to what is already mine. Perhaps you don'trealize the seriousness of your position, but I tell you right now thatno power on earth can save you from certain conviction. The DistrictAttorney has informed me that he has an airtight case against you but,rather than see your whole life ruined, I am giving you this one, lastchance. You are young and headstrong, and hardly realized what you weredoing; and so I say, why not acknowledge your mistake and begin lifeover again? I have nothing but the kindest feelings towards you, but Ican't allow my interests to be jeopardized. Think it over--can't you seeit's for the best?"

  "No, I can't," answered Denver, "because I never killed Meacham and Idon t believe any jury will convict me. If they do, I'll know who wasbehind it all and govern myself accordingly."

  "Just a slight correction," put in Murray sarcastically, "you will notgovern yourself at all. You will become a ward of the State of Arizonafor the rest of your natural life."

  "Well, that's all right then," burst out Denver, wrathfully, "but I cantell you one thing--you won't get no quit-claim for your mine. I'll layin jail and rot before I'll come through with it, so you can go as faras you like. But if I ever get out----"

  "That will do, young man," said Murray stepping back, "I see you'rebecoming abusive. Very well, let the law take its course."

  He straightened up his wry neck, put his glass eye into place andstalked angrily out of the jail; and in the hard week that followedDenver learned what he meant, for the wheels of the law began to grind.First the District Attorney, in making his charge, denounced him like amad-man; then he brought on his witnesses, a solid phalanx, and put themthrough their parts; and every point of law that Denver's attorneybrought up he tore it to pieces in an instant. He knew more law in aminute than the lawyer would learn in a life-time, he could thinkcircles around him and not try; and when Denver's witnesses were placedon the stand he cross-examined them until he nullified their testimony.Even grim-eyed Bunker Hill, after testifying to Denver's character, wascompelled to admit that the first time he saw him he was engaged in afight with Meacham. And so it went on until the jury filed back with averdict of "Guilty of manslaughter."

  Thus the law took its course over the body and soul of what had oncebeen a man; and when it was over Denver Russell was a Number witheighteen years before him. Eighteen years more or less, according to hisconduct, for the laws of the State of Arizona imposed an indeterminatesentence which might be varied to fit any case. As Murray had intimated,under the new prison law a man could be paroled the day after he wassentenced, though he were in for ninety-nine years. That was the law,and it was just, for no court is infallible and injustice must berectified somewhere. After the poor man and his poor lawyer had matchedtheir puny wits against those of a fighting District Attorney then mercymust intervene in the name of society and equalize the sentence. For theDistrict Attorney is hired by the county to send every man to prison,but no one is hired to defend the innocent or to balance the scales ofjustice.

  Denver went to prison like any other prisoner, a rebel against society;but after a lonely
day in his cell he rose up and looked about him. Herewere men like himself--nay, old, hardened criminals--walking about incivilian clothes, and the gates opened up before them. They passed outof the walled yard and into the prison fields where there were cattleand growing crops; and they came back fresh and earthy, after hours ofhonest toil with no one to watch or guard them. It was the honor systemwhich he had read about for years, but now he saw it working; and aftera week he sent word to the Warden that he would give his word not toescape. That was all they asked of him, his word as a man; and a greathope came over him and soothed the deep wound that the merciless law hadtorn. He raised his head, that had been bowed on his breast, and thestrength came back into his limbs; and when the Warden saw him with asledge-hammer in his hands he smiled and sent him up to the road-camp.