"You had been prospecting together?"
"Prospecting, and looking for saddle thieves."
"Did you find the saddle thieves?"
"No; I told you once."
"No," said Johnny; "you told Mr. Wade. Find any mines?"
"Yes."
"Good prospect?"
"I think so."
"Um--yes." Johnny hesitated, and fell silent. Hales fidgeted. "And the murdered man," began Johnny slowly, and stopped. Hales heaved a sigh of relief. Johnny darted a swift glance at the judge. "And the murdered man had been shot three times?"
"Three times. In the back."
"The shots were close together?"
"Yes. My hand would have covered all three."
"Sure of that?"
"Positive."
"In your opinion, these shots had been fired at close range?"
An interruption came. Four men trooped into the door, booted and spurred; three of the John Cross men--Tom Ross, Frank Bojarquez, Will Foster; with Hiram Yoast, of the Bar Cross: four fit to stand by Caesar. A stir ran through the court room. They raised their hands to Johnny in grave salute; they filed to a bench together.
Johnny repeated the question: "You say, Mr. Hales, that these three shots had been fired at close range?"
"The dead man"s shirt was burned. The gun must have been almost between his shoulder blades."
"Was there any blood on Forbes" saddle?"
"I didn"t see Forbes" saddle," growled Hales; "or Forbes" horse."
"Oh, yes. But in your opinion, Forbes was riding when he was killed?"
"In my opinion, he was."
"What makes you think so?"
"We found the tracks where Forbes was dragged, twenty feet or so, before his foot come loose from the stirrup, and blood in the track all the way. I told all this before."
"So you did, so you did. Now about these wounds. Did the path of the bullets range up or down from where they entered the body?"
"Down."
"Sure of that?"
"Yes."
"Did you examine the body?"
"How else would I know? Of course I did."
"Show the court, on your own body, about where the wounds were located."
"They went in about here"--indicating--"and come out about here."
"Thank you. Then the shots pa.s.sed obliquely through the body, entering behind, somewhere near the left shoulder blade, and coming out at a point slightly lower, and under the right breast?"
"About that, yes."
"All indicating that the murderer rode at his victim"s left hand, and a little behind him, when these shots were fired?"
"I think so, yes."
"And that the gun muzzle must have been a little higher than the wounds made by the entering bullets, because the bullets pa.s.sed through the body with a slightly downward trend?"
"That is right."
"How big was the murdered man?"
"He was a very large man."
"Very heavy or very tall?"
"Both, I should say. It is hard to judge a dead man"s height. He was very heavily built."
"You lifted him?"
"I turned him over."
"How tall was he, would you say?"
"I tell you, I don"t know." Hales was visibly more impatient with each question.
"Of course you don"t know. But you can make a guess. Come, give the court your estimate."
"Not less than six feet, I should say. Probably more."
"Did you see Adam Forbes" horse--no, you told us that. But you saw my horse when you arrested me?"
"Yes."