Sovine ducked his head and dropped his hand, and the solemnity was over.
Dave, who was evidently not accustomed to stand before such a crowd, appeared embarra.s.sed. He had deteriorated in appearance lately. His patent-leather shoes were bright as ever, his trousers were trimly held down by straps, his hair was well kept in place by bear"s oil or what was sold for bear"s oil, but there was a nervousness in his expression and carriage that gave him the air of a man who has been drinking to excess. Tom looked at him with defiance, but Dave was standing at the right of the judge, while the prisoner"s dock was on the left, and the witness did not regard Tom at all, but told his story with clearness.
Something of the bold a.s.surance which he displayed at the inquest was lacking. His coa.r.s.e face twitched and quivered, and this appeared to annoy him; he sought to hide it by an affectation of nonchalance, as he rested his weight now on one foot and now on the other.
"Do you know the prisoner?" asked the prosecutor, with a motion of his head toward the dock.
"Yes, well enough"; but in saying this Dave did not look toward Tom, but out of the window.
"You"ve played cards with him, haven"t you?"
"Yes."
"Tell his Honor and the jury when and where you played with him."
"We played one night last July, in Wooden & Snyder"s store."
"Who proposed to Tom to play with you?"
"George Lockwood. He hollered up the stove-pipe for Tom to come down an"
take a game or two with me."
"What did you win that night from Tom?"
"Thirteen dollars, an" his hat an" coat an" boots, an" his han"ke"chi"f an" knife."
"Who, if anybody, lent him the money to get back his things which you had won?"
"George Lockwood."
Here the counsel paused a moment, laid down a memorandum he had been using, and looked about his table until he found another; then he resumed his questions.
"Tell the jury whether you were at the Timber Creek camp-meeting on the 9th of August."
"Yes; I was."
"What did you see there? Tell about the shooting."
Dave told the story, with a little prompting in the way of questions from the lawyer, substantially as he had told it at the coroner"s inquest. He related his parting from Lockwood, Tom"s appearance on the scene, Tom"s threatening speech, Lockwood"s entreaty that Tom would not shoot him, and then Tom"s shooting. In making these statements Dave looked at the stairway in the corner of the court-room with an air of entire indifference, and he even made one or two efforts to yawn, as though the case was a rather dull affair to him.
"How far away from Mason and Lockwood were you when the shooting took place?" asked the prosecutor.
"Twenty foot or more."
"What did Tom shoot with?"
"A pistol."
"What kind of a pistol?"
"One of the ole-fashion" sort--flint-lock, weth a ruther long barrel."
The prosecuting lawyer now beckoned to the sheriff, who handed down to him, from off his high desk, Tom"s pistol.
"Tell the jury whether this looks like the pistol."
""T was just such a one as that. I can"t say it was that, but it was hung to the stock like that, an" about as long in the barrel."
"What did Grayson do when he had shot George, and what did you do?"
"Tom run off as fast as his feet could carry him, an" I went up to_wards_ George, who"d fell over. He was dead ag"inst I could get there. Then purty soon the crowd come a-runnin" up to see what the fracas was."
After bringing out some further details Allen turned to his opponent with an air of confidence and said:
"You can have the witness, Mr. Lincoln."
There was a brief pause, during which the jurymen changed their positions on the hard seats, making a little rustle as they took their right legs from off their left and hung their left legs over their right knees, or vice versa. In making these changes they looked inquiringly at one another, and it was clear that their minds were so well made up that even a judge"s charge in favor of the prisoner, if such a thing had been conceivable, would have gone for nothing. Lincoln at length rose slowly from his chair, and stood awhile in silence, regarding Sovine, who seemed excited and nervous, and who visibly paled a little as his eyes sought to escape from the lawyer"s gaze.
"You said you were with Lockwood just before the shooting?" the counsel asked.
"Yes." Dave was all alert and answered promptly.
"Were you not pretty close to him when he was shot?"
"No, I wasn"t," said Dave, his suspicions excited by this mode of attack. It appeared that the lawyer, for some reason, wanted to make him confess to having been nearer to the scene and perhaps implicated, and he therefore resolved to fight off.
"Are you sure you were as much as ten feet away?"
"I was more than twenty," said Dave, huskily.
"What had you and George Lockwood been doing together?"
"We"d been--talking." Manifestly Dave took fresh alarm at this line of questioning.
"Oh, you had?"
"Yes."
"In a friendly way?"
"Yes, tubby sh.o.r.e; we never had any fuss."
"You parted from him as a friend?"
"Yes, of course."
"By the time Tom came up you"d got--how far away? Be careful now."
"I"ve told you twiste. More than twenty feet."