"You don"t know," admitted Billy. "That"s the worst of it. But you will know. Yeah, you will know."
"I intend to look into your side of the case very closely, Wingo,"
declared the district attorney. "It may be that everything has not yet been told."
"There is more in this than meets the eye," nodded Billy.
"Considerable more."
"If you persist in holding this man for a hearing," said Rale impressively, "it may--will, I should say--involve you. I"d hate to see you get into trouble."
"I"ll bet you would," Billy concurred warmly. "You"d hate it like you do your left eye. But I"m gonna gamble with you. I"ll hold the man till the judge decides what to do."
"In that case, I"ll send for Judge Clasp at once."
"Why Judge Clasp? Why bother that old gent?"
"Because Driver"s dead," the district attorney explained impatiently.
"We have to have a judge to hold the hearing."
"Oh, I know all about that. I"ve sent for one."
"Who?"
"Judge Donelson."
"But he"s the Federal judge, and he lives way over in Hillsville,"
objected Rale. "Judge Clasp is nearer. In a case of this kind when the judge of a district is unavailable, the nearest judge takes over the district. The statutes----"
"The statutes say "any judge,"" interrupted Billy Wingo. "On this point I am quite clear. I looked it up to make sure. "Any judge"
means "any judge." Nothing else. And you know that Judge Donelson is a territorial as well as Federal Judge. Technicalities can"t pull your wagon out of this hole, Arthur, old settler."
"I shall send for Judge Clasp at once," b.u.mbled Arthur, old settler.
"If you send right away, he should be here by day after to-morrow.
Yep, day after to-morrow at the earliest."
"Judge Donelson can"t get here till the day after that," said Rale triumphantly.
"Oh, he can"t, can"t he?" smiled Billy. "Unless he has an accident he"ll be here to-morrow. You see, Arthur, I started Riley Tyler off to Hillsville ten minutes after I arrested Slike. That"s why I"m gamblin"
that Judge Donelson will get here first."
The district attorney openly lost his temper. "I don"t regard the evidence as given sufficient for indictment. I shall ask the judge not to hold him."
"Don"t do anything rash, Arthur. Remember the hearing will be at the Walton ranch to-morrow afternoon."
"The Walton ranch! It"ll be held here in Driver"s office, that"s where it will be held."
"Not a-tall. I want Judge Donelson to see the layout. Then he"ll be able to tell better what"s what. The Walton ranch to-morrow afternoon.
Don"t forget."
"Your Honor, I don"t see how this man can be held," protested the district attorney. "I claim that the sheriff"s testimony is biased.
How do we know that it wasn"t the sheriff himself who murdered both men and wounded Slike?"
"You can easily see, Judge," put in the coroner smoothly, "How flimsy the evidence is against the prisoner. It is practically his word against the sheriff"s The prisoner has explained everything--how he was coming to the ranch on business and was arrested by the sheriff the minute he stepped inside the doorway. Why, your Honor, it"s the plainest open-and-shut case I ever saw. Absolutely nothing to it."
"The coroner"s right," boomed the district attorney. "And I hereby ask that Dan Slike be released from custody and----" he paused dramatically.
"Well--" prompted Judge Donelson, his old eyes inscrutable.
"And I feel it my duty to charge the sheriff, William H. Wingo, with the murder of Thomas Walton, the murder of Judge Driver, and a.s.sault with intent to kill upon Daniel Slike."
"Didn"t the coroner"s jury bring in a verdict of "at the hands of persons unknown"?" inquired Judge Donelson.
"They did," admitted the district attorney, "but it was in direct opposition to the evidence. Indeed, the coroner instructed the jurymen otherwise."
"Then he exceeded his duty. But that by the way. The jury brought in a "persons unknown" verdict. However, I do not agree with the jury."
"I knew you would not," the district attorney cried triumphantly.
"No, I believe the person is known. Sheriff, will you tell us in your own words, how you happened to be on hand in time to be a witness of the murder of Judge Driver?"
Like so many trained seals those present turned their heads to stare at the sheriff. Some eyes were friendly, some noncommittal, but the majority were unfriendly. This was because the crowd consisted largely of county office-holders. Billy gave a straightforward and detailed account of everything that had led up to the murder of Judge Driver.
As he concluded his story Judge Donelson nodded a slow head. "Why did you not immediately enter the ranch house after you looked in the window and saw the boot soles of the dead man?"
"Judge," said Billy, with a whimsical smile, "suppose now you went out hunting and you wanted to get more than one deer and had only one cartridge, what would you do--shoot the first deer you saw or wait till you got two in line?"
"I see," nodded the Judge. "I see. Still, Sheriff, there is the word of Dan Slike. It would have been better had you had another witness."
"Another witness," said Billy. "If that"s all you want I have one.
Riley Tyler, stand up."
The younger deputy stood up and was duly sworn. He deposed that the sheriff"s match signal to Guerilla Melody to send the judge down to the house had been also a signal to him, Riley Tyler, to come down from the flat and take position under the window directly opposite the one at which the sheriff was posted. All this had taken place according to plan. Riley Tyler had heard every word uttered by both the judge and Dan Slike and had also seen Slike shoot the judge. Furthermore he had talked with the Federal deputy marshal in Hillsville and learned that the marshal had never even thought of asking Judge Driver to approach the sheriff concerning the alleged bootlegging activities of Jake Kilroe.
Riley Tyler concluded his testimony and sat down, taking occasion as he did so to wink at the district attorney. The latter glared back with frank dislike.
"The evidence I have just heard," said Judge Donelson, "is clear.
There is no shred, jot or t.i.ttle of it that throws suspicion on Sheriff Wingo. I will hold Daniel Slike for the grand jury. If Judge Driver were alive, I would hold him as accessory before and after the fact.
Do you still think, Mr. Rale, that Mr. Wingo should be held?"
"Why--uh--uh----" stalled the district attorney.
"Tell me," persisted Judge Donelson, "exactly what you think?"
But the district attorney did not dare tell Judge Donelson anything like that. Instead he said, with a smile he strove to make natural and pleasant:
"Hold Mr. Wingo? Certainly not. I have misjudged him. I am sure he will not bear malice against me."
"Hold it against Mr. Rale?" said Billy, with the straightest face in the world. "Certainly not. I have misjudged him. But I am sure he will not bear malice against me."