A Man in the Open Part 19

"It's a fact."

"The verdict of the court is, 'not guilty.'

"But prisoner, your confession proves the right of the settlers to organize for defense of the settlement until the constable could be brought to their help. All you settlers who have taken part in the capture of these prisoners are engaged by the province as special constables from the day you undertook service, until I give you your discharge. You will be paid on such a scale as I direct.

"Rudolf Schweinfurth."

The marshal came forward and was sworn.

"You are a United States marshal?"

"Yes, your honor."

"You submit proof?"

The marshal's credentials were read.

"You claim these prisoners for extradition?"

"Yes, sir."

"Sit down. Cyrus Y. Jones." The other stockman was sworn. "You are representative of certain stock a.s.sociations and submit proof? Right.

You claim certain cattle alleged to be stolen, and found in possession of the prisoners? Right. You submit photographs identifying certain of these cattle and evidence of theft. And you offer twenty-five thousand dollars' reward for recovery of the stock. Pay that money into court and take my receipt.

"Prisoners, you are charged in your own country with robbery-under-arms and homicide in various degrees. Now, I don't pretend to understand to what particular degree you may or may not have murdered people, but it seems to me that being killed even to a very slight extent must be d.a.m.ned inconvenient. I don't want to know whether you're guilty or not guilty, because it's no business of mine. I do know that this official who claims you represents the republic. I have plenty of evidence that you were found in this country under suspicious circ.u.mstances, and that you proceeded to make yourselves a general nuisance. If I committed you for vagrancy or a.s.sault, it would delay you in a business which you must have deeply at heart. I know that if I were charged with a tenth part of these crimes I'd never sleep until I proved my innocence. Do you or do you not wish to prove your innocence?"

The prisoners scratched their heads.

"Marshal," said the magistrate. "I don't know what my powers are in this matter, but it's evident that the less red tape there is the sooner these men will get the justice they rightly demand. I don't want them.

Give me a receipt and engage what men you need for escort duty. You, Mr.

Representative, give me your receipt for the cattle. Now clear out, and get to the States before you're interfered with by any lop-eared officials. Constable, hand over your prisoners.

"Mr. Dale and Mr. Smith, will you trust me as magistrate to make a fair division of this reward? All right. One-quarter goes to Dale, one-quarter to Smith, and the other half to be equally divided among you. Is that fair? All right, here's the plunder. Let's get the table in and dinner served. I'm famished."

So the court rose, and the dear old captain, having, I believe, broken every statute in British Columbia jurisprudence, asked all hands and the prisoners to dinner. "Of course," he said afterward to Jesse, "I ought to have committed you and Dale to trial for homicide, fined you all round for using guns without a license, turned the lawyers loose on a fat extradition case, and impounded the cattle to eat my gra.s.s at government expense. As it is, I'll be hanged, drawn, and quartered by the politicians, d.a.m.ned by the press, and jailed for thrashing editors.

And I missed all the fun."

After dinner the crowd broke up into little groups. In one corner the American officials were bargaining with Mr. Dale for his Sky-line men to ride with the prisoners and the cattle. By the door stood Mr. Brooke, explaining something at great length to our bored constable. At the head of the long table Captain Taylor was telling me how difficult it was to find a suitable nursery governess for Wee James. At the foot of the table I saw the Mexican whispering to his unfortunate chief--plans for escape, no doubt. Then Jesse joined them, with a present of pipes, matches, and tobacco to ease their journey.

"Mr. Smith," said poor old O'Flynn, "this yere Sebastian Diaz has been with me these twelve year. He's only a greaser--"

"_Medio Sangre_, senor!" said the half-breed proudly.

"But he's got the heart of a white man. He's like a son to me."

"I'm proud," said Jesse, "to make your acquaintance, both of you. You are men, all right."

"We fought the rich men what had wronged us, them and their breed. We put up a good fight. Yes, sir! And we wouldn't have missed a mile of that twelve years' trail. It wasn't our way to insult women, Mr. Smith."

"You had to git that information somehow," said Jesse, "and Mrs. Smith forgives you."

The old man bowed his head.

"Muchos gracias, caballero!" said the Mexican, gently.

"That's off our minds, Mr. Smith."

"Mostly known as Jesse," said my husband.

"Jesse. We bin consulting, and we agree you're the only man here we'd care to ask favors of."

"I'm your friend all right."

"Jesse, if we don't escape, we are due to pa.s.s in our chips."

"I'm not going to help you escape."

"Wall, you haven't helped our escape to any great extent, so far as I know."

Jesse chuckled.

"But I'm asking you to look after my wife and my son."

"I'll do that."

"You'll save the boy from his father's trade?"

"I reckon."

"Put her thar."

And they shook hands.

"Them horses we was riding," said the outlaw, "is for my son."

"That's all right."

"And one thing more. This yere Brooke ain't white."

"You don't say!"

The outlaw grinned. "You sized him up all right. He joined us out of a Wild West show last fall. He's never done nothin' to earn hanging or jail, being too incompetent. But he's state's evidence enough to hang us twenty times over. He'll get off.

"Moreover, Jesse, take a dying man's word. That Brooke has an eye on your good lady. He's your enemy from times far back at Abilene. He'll live to do you dirt. Thar, I sort of hates to talk so of one of my men, and I won't say no more.

"Say, my hands being hurt, will you just reach into my off hind pocket?

That's right. There's a gold watch. Take it, my time's up. Give that to your lady from us as a sort of keepsake. Good-by, partner."