Wearily they rolled their coats for pillows, and curled themselves down, dormant murder gleaming in Fisk"s somber, brooding eyes as he glanced now and again at the cell door whence issued the untroubled snores of Shorty.
Benton drew Gallagher on one side. "We"ll have to do a "night guard" on these fellers," he whispered. "Guess we"ll do two hours apiece. I"ll do th" first trick an" hand over th" watch to yu" when I"m through. Yu" go on inta my room there, an" lie on th" bed."
Slowly the night dragged through for the tired, haggard, unkempt watchers. After waking the Sergeant up at eight o"clock, the rancher went out and did the stable ch.o.r.es, and when he returned Ellis cooked breakfast for all hands-taking good care to keep Shorty and old Bryan aloof from their former acquaintances.
As they were finishing the meal there came a knock at the door, and on opening it the policeman was surprised to see Pryce and two other riders outside. Benton closed the door behind him and stepped forward. The rancher seemed oppressed with a certain shamefacedness, and fidgeted nervously with his quirt.
"Sargint," he began. "I guess I kinder riled yu" yesterday-actin" as I did-but I was fair mad, an" I-well, it"s that cursed temper o" mine gets th" better o" me. I ask yu" to try an" forgit it."
"Oh, that"s all right, Pryce," said Ellis shortly. "I"m glad yu"ve come around, anyways, as I was just figurin" how I was goin" to get word to yu" to come inta Sabbano." And in a few words he acquainted the other with an account of the previous night"s adventures.
"Well, yu" do surprise me!" exclaimed Pryce wonderingly and, with rising wrath: "Why, Big George, an" Scotty-I always give "em th" run o" my place as if they belonged there, whenever they come a-ridin" around.
Why! come to think o" it, three days before my outfit was stole, I "member meetin" up with Scotty in th" Four-mile coulee; we was both lookin" for strayed stock-an" I mind tellin" him as me an" th" woman figured on drivin" inta Sabbano on th" Thursday, an" he asked me to bring him some Bull-Durham "baccer from there. Guess I forgot it.
Anyways, Big George, he was around about a week afterwards, an" listen!
He had th" gall to tell th" woman as how what a dirty deal it was to rustle a feller"s outfit, an" what th" parties deserved as did it. Where was them hawsses all th" time, d"yu" think, Sargint, before they sold "em to th" old man, I mean?"
"Staked out in th" bush somewheres, I guess," said Benton. "They"ve both o" "em got touches o" rope-burn around th" fetlocks. Say, who"s yore friends, Pryce?"
"Two fellers as kin swear to my outfit," replied the rancher. "I brought "em around to see it." And, turning, he introduced the men to the Sergeant.
"Well, put yore hawsses up an" come on in," said Ellis. "Don"t yu" get a-talkin" to th" prisoners mind, though," he added. "Least said, soonest mended. We figure on pullin" out in "bout an hour"s time."
A clatter of wheels disturbed them and, turning, they beheld a wagon and team approaching, driven by none other than old Bob Tucker. There was something irresistibly funny in the excited motions of the dissipated, elderly Jehu, as he urged his team forward with an unending string of Afrikander expletives, which made them all burst out laughing.
"_Eyck! Eyck! Azi-wan-n! Ari-tsemah! Hamba-ke!_" he bawled.
The policeman stepped forward and held up his hand as the sweating horses drew near.
"_Wana!_" he shouted. "_Wacht-een-bietje!_ What"s bitin" yu" now, Dad?"
Tucker was tremulous and incoherent, but by degrees he managed to impart the somewhat belated news that ""is "orses "ad bin let aht of "is field"
during the night, and that ""e "ad fahnd "em abaht free mile sou"west from "is plice."
"Yu better let "em stay out now, too," said the Sergeant. And he told the old man everything. "Yu needn"t be scared of yore bunch no more now.
What! Yu" didn"t hear nothin" in th" night? Why, I reckon we made "bout as much racket amongst us as yu" do a-shovin" yore old team along. I guess "Johnny Burke" put _yu"_ to sleep, all right. Yu"d better _outspan_, now yu"ve got here, an" turn yore team out in my pasture.
We"ll want yu" along with us in Sabbano as a witness. Yu" can come back with Barney Gallagher on Shorty"s hawss. Yu" can ride _him_, all right-he"s quiet."
Fisk looked up brazenly at the new-comers as they entered, but Scotty remained with downcast eyes, in nervous trepidation as Ellis and his visitors, withdrawing into a corner, commenced to converse in low tones.
Seeing the re-enforcements, Gallagher slipped away and departed to his ranch. When he returned, he found Pryce"s wagon and team standing outside the detachment, with old Hiram Bryan occupying the driver"s seat and Tucker alongside him.
Putting the stable-blankets and some hay in the bottom of the box, the Sergeant led forth the handcuffed and shackled Fisk and Robbins, and a.s.sisted them into the wagon. Shorty, for obvious reasons, he placed on the former"s own horse, which was led by Gallagher. A wise precaution, considering the glances of deadly hatred which, from time to time, were exchanged between the former and Big George, each still firmly believing the other to have turned traitor. Ellis brought up the rear on the buckskin, with Shorty"s rifle in a carbine sling at the saddle-horn.
It was a long, monotonous trip, but nothing untoward happened. To avoid stopping anywhere for dinner, the Sergeant had previously put in the wagon a big pack of cooked food and a jar of water; so, halting mid-day, they ate a meal and then, resuming their journey, arrived in Sabbano about sundown. Tired and dusty, they eventually drew up at the detachment.
Sergeant Churchill surveyed the party with astonishment.
"h.e.l.lo! Where you klatch-um?" he inquired jocosely.
"Klatch-um allee same Ch.e.l.lee Kleek," responded Ellis. "Give us a hand, Churchill, an" let"s get "em inside. Cloakey an" Wardle-them two J.P."s of yours-are they both in town?"
"Billy Cloakey is," answered the other. "But Old John Wardle went away to th" coast a couple o" days ago, for a holiday. Don"t know _when_ he"ll be back. What"s up? Want "em to hold a prelim"?"
"Yes," said Benton thoughtfully. "Guess I"ll go an" wire the O.C. just now, to send one o" the inspectors down by the mornin" train."
As the nine-thirty west-bound train drew up at the little station next morning Benton, who was on the platform awaiting it expectantly, stepped forward and saluted a tallish, blond man, dressed in the dark-blue serge uniform of an inspector.
"Well, Sergeant," greeted the latter, "you"ve been doing great business, I hear? But I can"t forget you"re the disturber of my rest, all the same," he added, with a wry smile. "Aren"t there any local J.P."s around here who could have handled these cases?"
Ellis grinned back apologetically. "Sorry to have had to drag you out of bed so early, sir," he said. "Yes, there are a couple of resident J.P."s here. Wardle, who runs a general store and the post-office, and Cloakey, a real estate man. Wardle"s away at the coast just now, so I was forced to wire for you. Cloakey"s here, though, to sit with you on these cases.
Two of the men I"ve arrested are particularly tough, and I was anxious to get them into the Post by tonight"s train, if possible."
They turned away from the station, and commenced to walk slowly up the main street.
"Have they engaged counsel?" pursued Inspector Darby. "I didn"t see any one on the train I knew, coming up."
"No, sir," answered the Sergeant. "I asked them all, individually, last night, before I wired to the O.C., but none of them seemed inclined to want a lawyer when I explained that this was merely the preliminary trial. It was the same about witnesses before we left Cherry Creek.
Fisk, the ringleader, starting in to bluff that: "They"d have all the "mouthpieces" _and_ witnesses they wanted, when the _real_ trial came off"; so I didn"t bother with them any further. But, as a matter of fact, sir, I don"t see how they possibly could have any witnesses at all. They"ve taken pretty good care of _that_ in the crooked work they"ve been carrying on. This is Mr. Cloakey coming down the street now. I don"t think you"ve ever met him, have you, sir?"
The Inspector replied in the negative, as he gazed with well-bred curiosity at his prospective a.s.sociate on the magisterial bench, who was just then drawing abreast of them. He beheld a big, cheery-faced, somewhat corpulent, man nearing middle age, who grasped his hand with genial warmth, as the Sergeant, with easy deference, introduced him. A few civilities were exchanged, and Ellis led the way to the detachment which, on entering, he perceived to have suddenly a.s.sumed an unwontedly tidy appearance. After hurriedly gathering his witnesses, he formally opened the court, and the preliminary inquiry began.
Shorty"s case was taken first, the local sergeant guarding the other two in an inner room, so as to be out of hearing. A sullen plea of "Not guilty" was entered to the first and second charges. "Guilty" to the third-that of "Having a weapon on his person when arrested." Dealt with summarily on this minor offense, he was given the option of paying a fine or the alternative of a short term of imprisonment with hard labor.
He chose the latter.
The two princ.i.p.al charges-"Cattle stealing," and "Conspiring to commit an indictable offense"-were next proceeded with. Ellis, after being sworn, gave his evidence, the strange nature of which-in the former charge-relaxed even the imperturbable Inspector"s judicial calm, as he and his colleague listened with unconcealed interest to the coyote episode, and viewed the half-chewed brand which the Sergeant fitted into the cut-out in the hide. Benton"s testimony in both cases being largely corroborated by Gallagher, Shorty was duly committed to stand his trial at the next sitting of the Supreme Court.
The case against Fisk and Robbins was much more protracted and tedious.
Charged jointly, they entered a similar plea to their confederate on each indictment. From time to time, during the proceedings, the Inspector"s casual glance flickered curiously from Big George"s battered physiognomy to the bruised face and scratched throat of the Sergeant.
But he was a wily, old, experienced officer and, as neither side appeared anxious to enlighten him, he drew his own conclusions and wisely refrained from comment. Adjourning for lunch, and also to view the alleged stolen team and wagon, the hearing was resumed again in the afternoon, and eventually the two rustlers were committed.
Ellis then drew the attention of the Court to the case of old Hiram Bryan, who had shakily given his evidence during the trial. All huddled up, the aged, decrepit man sat there in silence, his wistful gaze wandering from face to face.
"Your Worships," he said, "in the absence of all proof of complicity, I have detained this man merely under a "vagrancy" charge, so as to insure his appearance in this court as an all-important witness."
The two justices of the peace nodded understandingly. A whispered colloquy ensued between them, then they turned and gazed thoughtfully at the bowed figure of the broken man who was awaiting their will with the apathetic resignation peculiar to the aged. Inspector Darby, leaning forward, chin resting in hand, presently broke the silence.
"Sergeant Benton," he said, with a slight note of irresolution in his voice, "taking into consideration the somewhat cruel position that circ.u.mstances have placed this man in, it is not, of course, our intention to press that charge against him. But you no doubt realize that it is of vital importance to this last case that his evidence be forthcoming at the Supreme Court."
Ellis bowed his head in a.s.sent. He was prepared for this emergency that he had foreseen from the beginning.
"Your Worships," he said, in quiet, convincing tones, "if you see fit to discharge the accused I will hold myself personally responsible for his appearance when this case comes up at the next Sessions."
His superior turned again to his fellow justice, and they conferred awhile in low tones. This consultation ending, the Inspector faced round once more.
"All right, Sergeant," he said.
Ellis motioned to the old man to stand up. Dully and awkwardly though the order was obeyed, the venerable face was not devoid of a certain dignity as its owner raised a pair of honest eyes and gazed back unflinchingly at his judges. The Inspector cleared his throat.
"There has been no evidence adduced in this case to prove that you had any knowledge of these men"s alleged criminal actions and intent," he said, in his even, pa.s.sionless tones. "Rather, it seems that you have been their unfortunate victim, for which you have this Court"s sympathy.