The prisoner rose and walked a little before he made answer. When he spoke at last it was in a more serious tone.
"You see, I"ve got inside information. I know several things you don"t know, that give a different meaning to all this evidence and all these tracks."
"Well," said Gwinne, "you need it. A horse"s track leads from the dead man to Garfield--a track that lacks one shoe."
"My horse had lost a shoe," said Johnny.
"Yes. You tacked one on him at Sam Gray"s store. But that is not the worst. The worst is that there are three of them and only one of you."
Johnny felt of his neck again, delicately. "By your tell there isn"t any man in the world to help out your bare word. If you have any fresh dope, spill it."
"I happen to be in a position to state certainly, at first hand, something which modifies the other evidence," said Dines slowly and confidentially. "I happen to know positively that I didn"t murder that man. That"s exclusive. You only hear me say it--but I know it. So you mustn"t be hurt if I"m not convinced. If the horse tracks say I"m the killer--the tracks are wrong, that"s all. Or wrongly read. You will be best served if you either accept the full a.s.surance of my guilt, and so base your deductions on that, or else accept my innocence as sure, and read sign with that in mind. It gets you nowhere to fit those tracks to both theories. Such evidence will fit in with the truth to the last splinter, like two broken pieces of one stick. It won"t fit exactly with any lie, not the cleverest; there"ll be a crack here, a splinter left over there, unaccountable. For instance, if my accusers are right, the dead man"s horse went down Redgate ahead of me; my tracks will be on top of his wherever we took the same trail."
"Exactly. That"s what they say. They might have been mistaken. It is hard and stony ground."
"They may have been mistaken, yes. Someone else will see those tracks.
Now you listen close. Listen hard. If it turns out that Jody Weir and his two pardners, coming down Redgate on a run to give the alarm, rode over and rubbed out all tracks made by my horse and the dead man"s horse, wherever they crossed each other--then that"s another mistake they made. For when I left Forbes there were only two fresh tracks in the canon--tracks of two fresh-shod horses going up the canon, keeping to the road, and made yesterday. I"m sorry they didn"t take me back to Garfield. I would have liked a peek at those tracks myself."
"But it rained, and it rained hard."
Johnny felt of his neck again.
"She sure did," he agreed. "Started just as this man Lull picked me, like fruit on the bough. I forgot that. Well, anyway, if this Garfield place is half human, then a slew of men went up Redgate Canon before the rain. There must have been some live ones in the bunch."
"I wouldn"t worry about that none if I was you," said the jailer. "I know Garfield, and I know old Pete Harkey, and he was taking the lead.
If Adam"s horse came down the canon after you did, he"ll know it. And if your track and the other were carefully ridden out where they crossed--why, old Pete will see that, too."
Johnny raised his hand. "That"s what he will see! Hold that idea tight--squeeze it! If I am innocent, those tracks were ridden out and spoiled, till Adam Forbes" horse went one way and mine another."
"Well, then--Pete Harkey"ll see that, too; he will think about it once and twice. Don"t you worry. Jerome Martin and Jim-Ike-Jones went along, too, and old man Fenderson, maybe. They"ll see. That"s what they"re going for."
"Hearsay evidence is no good in court. So I"m going to prophesy in writing--with you to witness and swear to the time of it--that all tracks this side of the murdered man are muddled. That written prophecy may not be evidence, but it will make the judge scratch his head."
"As much as to say--"
"Exactly. Someone killed Adam Forbes. You don"t want to forget that.
If it wasn"t me--who was it? Well, let me tell you something. It was a mean man. Now you keep still a little, while I think over the meanest man I"ve seen lately."
Johnny rolled another smoke; and when it was alight he spoke again.
"Curious, when we come to think of it, but the meanest things a man can do is what he does with his mouth. To kiss and tell, for instance; betrayal under trust. We go to church and hear about the crucifixion.
We have no hatred for the hands that drove the nails or the soldier who stood guard--scarcely for the fanatics who hounded the innocent to a shameful death. Our loathing is for Judas Iscariot, who betrayed with a kiss."
Gwinne eyed his captive benevolently.
"Good land of Goshen, son--what on earth has all this got to do with the price of hemp?"
"Everything to do with it. Demand for hemp is going to fluctuate violently if I can swing the deal I have in mind," replied Johnny, with spirit. "I was just thinking about two traitors I know."
In a prolonged silence Mr. Gwinne rumpled his beard and refilled his pipe.
"The two Garfield men and the other three did not seem to be agreeing very well," he said at last. "Lull--he"s the one who arrested you--he went back to Garfield last night. Couldn"t sleep, he said, and they"d be wanting to know in Garfield. The other one, See, the least one, he was round here soon this morning wanting to talk it up with you. He was real feverish about the quarantine."
Johnny c.o.c.ked his head impishly and looked sidelong at the jailer.
"Just what was the big idea for sending one man to arrest me?"
"They didn"t say."
"And why were they all crosswise with each other, like jackstraws?"
"They didn"t tell me that either."
"You"re allowed three guesses."
Gwinne puffed unhurriedly at his pipe, and after some meditation delivered himself of a leisurely statement between puffs.
"About a year ago, near as I can remember, this man Caney--Big Ed Caney--deputy sheriff in Dona Ana--did you know that? Thought not.
Well, he went out beyond Hatch with a warrant for a fellow. He found another man--old Mexican sheep herder--cut down on him with a rifle and ordered him to throw "em up. The old Mexican was scared or else he remembered something, I don"t know which; he was perfectly innocent of this particular charge, whatever it was; they caught the other man later. Anyhow the old gentleman made a dash for his gun--it was leaning up against a tree not far away. And Caney killed him."
"So you think maybe Caney wanted to start something. Ambush, maybe? So I"d go after my gun?"
"I don"t know anything about what Caney wanted to do or didn"t want to do. All I know is--he didn"t."
"And the Garfield boys wouldn"t stand for it?" persisted Johnny.
"Lull and Charlie See won"t stand for any crooked work--if it"s them you mean. Lull was the only Garfield man. Charlie See is from Dona Ana, where they grow good and bad, same as they do here."
"Yes. I see. I know Jody and Toad Hales, myself. I met Lull and See yesterday evenin", just out of Garfield. Say, Mr. Gwinne, could you rustle me a razor?"
"I can too. Anything else on your mind?"
"Why, no. Only I wish I knew where the John Cross outfit is holding forth, and when they are likely to get word about me being in a tight.
They may hear to-day, and it may be a week."
"They"re up beyond Hermosa, somewhere at the head of Cuchillo Creek.
And I shouldn"t much wonder if they heard about you to-day sometime."
Mr. Gwinne looked through the window at the visible wedge of Hillsboro, wavy low hills and winding streets; looked with long and lingering interest, and added irrelevantly: "I knew your father."
Late that afternoon a heavy knock came at the outer door of the jail.
Gwinne hustled his prisoner into a cell and answered the call.
He was greeted at the door by Aloys Preisser, the a.s.sayer, a gay-hearted old Bavarian--the same for whom, in his youth, Preisser Hill was named--and by Hobby Lull. Hobby"s face was haggard and drawn; there were dark circles under his eyes.
"We want to settle a bet," announced Hobby, "and we"re leaving it to you. I say that Robin Hood knocked out the Proud Sheriff of Nottingham, and Preisser claims it was a draw. How about it?"
"Hood got the decision on points," said Gwinne soberly.