The Cave of Gold
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Everett McNeil >> The Cave of Gold
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The man's right hand went up with a sort of spasmodic jerk.
"I do solemnly swear," began the alcalde slowly, "that the testimony I
am about to give in the case now before the court, shall be the truth,
the whole truth, and nothing but the truth; and may God eternally damn
my soul, if I knowingly utter a false word."
Hesitatingly and with a whitening face, the man slowly repeated this
oath.
"Kiss the Bible," commanded the alcalde; "and may God blister the lips
that have touched His holy book, if they suffer a false word to pass
between them."
The man hesitated a moment: and then, at a muttered objurgation from his
companion, he bent and hastily pressed his lips against the cover of the
holy book.
"What is your name and business?" In this rude and informal court the
alcalde not only acted as judge, but also examined all witnesses.
"William Ugger, Bill Ugger, for short," answered the man, his eyes
shifting restlessly from face to face as he spoke. "Me an' my pard are
bound for th' diggin's."
"Now, remembering that you have sworn to speak nothing but the truth and
that your lips have just kissed the holiest of books, you may tell the
jury and the people here assembled what you know of this alleged murder
of the miner, John Stackpole. Be as brief as possible, please," and the
alcalde's eyes, as well as the eyes of every man gathered there,
fastened themselves on the face of Bill Ugger.
"Wal," and the shifting eyes fixed themselves for a few brief moments on
the ground in front of the big feet, "it happened like this. Me an' my
pard, Spike, thar," and he nodded toward his companion, "was on our way
from San Francisco tew Sacramento City an' th' diggin's a-hossback.
Somehow we happened tew git off th' reg'lar trail, me an' Spike did; an'
'long 'bout noon, three days ago, we comed tew a leetle valley, with a
leetle stream of water a-runnin' through it, an' a string of trees an'
brush a-growin' 'longside th' water. Both on us bein' tired, we'd ben
a-goin' since sun-up, we found a nice shady spot 'longside th' water,
an', tyin' our hosses tew th' trees, both on us laid down for a short
snooze. Course I don't know how long we'd ben a-snoozin', but, I reckon,
'twas 'bout a couple of hours, when we was both jerked out of a sound
sleep by a yell of agony that sounded as if it comed from a man what had
ben struck a mortal blow. Nat'rally that yell startled me an' Spike sum,
bein' that we both had been sound asleep; an', maybe, for a minute we
sot a-lookin' intew each other's eyes, doin' nuthin'. Then Spike says:
'Sounded human, Bill. Like sumone had got his,' an' I seed that he was
a-shiverin'; for 'tain't none pleasant tew be waked out of a sound sleep
by th' death-cry of a human. 'An' it sounded as if it comed from right
ayond that leetle clump of bushes,' an' he pointed a shakin' finger
toward a leetle clump of bushes, 'bout a rod away, that shut out our
view of th' valley. 'I reckon we'd better investergate,' an' we both
began a-crawlin' toward that clump of bushes, not havin' heard no more
sounds.
"Wal," and the shifty eyes shot swift glances from the face of the
alcalde to the faces of the jury and the surrounding crowd, to note the
effect of his words, "when we got tew them bushes an' looked through
'em--" He paused and laid a hand solemnly on the Bible lying on top of
the barrel in front of the alcalde--"so help me God! this is what we
saw. Th' valley in front of th' bushes was level an' open, so that we
could see clear 'cross it; an', 'bout twenty rods from whar we was, we
saw a man strugglin' violently on th' ground with two other men atop of
him, while three hosses stood a leetle ways off a lookin' at 'em; an',
even as we looked, we saw one of th' men flash a knife above his head
an' plunge it down, an' th' man on th' ground stopped strugglin'.
"This was a leetle more'n Spike an' I was a-willin' tew stand for, an'
we both jumps up out of th' bushes, an', drawin' our pistols, we had no
rifles, we yells an' starts for them two men. Both on 'em jumps tew
their feet, an' grabs up their rifles, an', afore you could say Jack,
they had th' both on us covered, we not bein' near enough tew use
our pistols. But we was close enough tew see 'em plain; an', afore
God!--" The man stopped abruptly and, whirling suddenly about, pointed
a finger dramatically directly into the face of Thure--"it was that young
villain a-standin' thar what had his gun a-pointin' straight at me!"
Thure, in utter astonishment, took a quick step backward; and then,
suddenly realizing what that pointing finger meant, backed by those
startling words, he lost all control of himself for the moment and
leaped straight toward Bill Ugger.
"It's a lie! A lie!" he yelled, as with all his young strength he
struggled furiously with the great bulk of his antagonist. But, before
either could do the other any harm, the strong hands of the sheriff
seized Thure by the shoulders.
"Here, you young catamount!" and he jerked Thure violently backward, and
lifted the butt of his heavy revolver threateningly, while his face
hardened. "Quit it, or--" and the heavy butt descended lightly on
Thure's head by way of warning.
"But he lied! Every word that he uttered was a lie!" and tears of rage
gathered in Thure's eyes.
"Young man," the alcalde was now standing on his feet, all the sympathy
gone from his face, "you will give me your word of honor not in any way
again to do violence to the decorum of this court during this trial, or
I shall order the sheriff to bind you hand and foot. Do I have your
promise?" and he fixed his eyes sternly on the white face of Thure.
For a moment Thure stood silent. Then his young face hardened and his
lips tightened into two thin straight lines. Reason again had firm hold
of the helm.
"I promise," he answered quietly; "and I ask the court's pardon for my
violent action. But the damnable lies told by that--"
"That will do," interrupted the alcalde. "Sheriff, if either of the
prisoners forgets himself or our presence again, bind him hand and foot.
Now," and he turned to Bill Ugger, who, as soon as Thure had been torn
from him, had again returned quietly to his place before the official
barrel, his red face flushed and his little eyes shining with triumph,
"you may go on with your testimony, William Ugger. You were saying that
you recognized one of the prisoners as one of the murderers and that he
had you covered with his rifle. Remembering your oath and comprehending
fully what your dreadful accusation means to a fellow human being, you
still swear that the man who sprang up from the prostrate body and
leveled his rifle at you was this prisoner?" and the alcalde's lifted
hand indicated Thure.
The interest of the crowd surrounding the court had by this time become
intense. Men were breathing heavily and their faces had hardened and an
ugly look had come into their eyes. All now stretched their heads
forward, as they listened almost breathlessly for the reply of Bill
Ugger.
"I do," answered the man grimly. "I saw his face plain, a-lookin' at me
above th' top of his rifle."
A deep growl went up from the surrounding crowd, a sound more like the
throat mutterings of a monstrous tiger than anything human. The sheriff
started and his keen eyes swiftly searched the circle of faces.
"I reckon thar ain't no need of waitin' for more testimony," cried a
hoarse voice. "They was seen killin' th' man; an' that's all we wants
tew know. Let jedgement be pronounced, an' we'll 'tend tew th' ex'cutin'
of it."
"Right!" yelled another. "There's no need of wasting more--"
"Silence!" thundered the alcalde, leaping to his feet. "This court, a
court elected by your own authority, is trying the prisoners; and, by
the Eternal Andrew Jackson! they shall not be declared guilty until they
have been heard in their own defense, until they have been proven guilty
in full accordance with the laws of this city. William Ugger, you may go
on with your testimony. There will be no further interruptions," and the
alcalde quietly laid a couple of big revolvers down on top of the
barrel, one on each side of the Bible.
At this moment and when all eyes were bent on the alcalde, Thure felt a
slight jerk on his coat sleeve, and, glancing down, saw that the smaller
of their accusers, the pock-marked man, had moved up close to his side
and that it had been his hand that had jerked his sleeve.
"Read at once," and the man swiftly slipped a piece of paper into his
hand. "It is your only hope," and he moved away, not having once even
glanced toward Thure.
Thure, stepping a little behind Bud and holding the paper so that no
eyes but his own could see it, cautiously opened the note and slowly
read these words:
If you wil give us the miners map and promice tu say nuthin bout
the gold kave Bill and me wil sudenly diskuver that we is mistakin
in thinkin that you was the ones tu kil old Stakpole and you wil go
free. If you dont you wil both hang afore sun down tu nite and al
the gold in Caleforny aint wurth as much tu you as is yur lives. If
you agrees tu this nod yur hed 2 times. If you dont git redy tu
hang.
The note was unsigned; and no signature was necessary. Its meaning was
plain. The two boys were to surrender the skin map to the two scoundrels
and say nothing about the Cave of Gold; or, the dreadful plot, in whose
meshes they found themselves so tightly ensnared, was to be followed out
to its horrible conclusion. The motive back of the two men's action now
stood revealed. They expected to frighten the two boys into giving up
the skin map and into keeping secret their knowledge of the Cave of
Gold. But, what a fiendish plot! And with what diabolical cunning it had
all been worked out and was being executed!
Thure read the note through slowly; and, in a flash, he had comprehended
the whole atrocious, scheme and with what devilish cunning circumstances
had been manipulated to bring about their present terrible situation;
but, only the furious look in his eyes showed how the note had affected
him.
"From Pockface," he whispered, as he quietly slipped the paper into
Bud's hand. "Read it on the sly; and then give me your answer."
Bud cautiously took the note and opened it, wondering greatly at its
coming from Pockface. He read it through slowly, comprehendingly; and
then he turned and glanced into Thure's face. One look was sufficient.
During all this time Pockface's eyes had been covertly watching the
boys.
Bud now waited until he saw that the man's eyes were upon him, then he
deliberately raised the piece of paper to his mouth, spit on it, and,
bending down, placed it under the heel of his boot, ground it to pieces
in the ground, and, defiantly turning his back on the man, gave his
attention to the doings of the alcalde.
The two scoundrels had misjudged the courage and the pluck of two
American boys like Thure Conroyal and Bud Randolph; and, judging from
the scowls that disfigured their faces and the ugly light that flashed
into their eyes, at the sight of Bud's actions, in their disappointment,
they would show them no mercy. They would get the map, or they would
hang the boys. Indeed, this action on their part now became almost
necessary; for, if they did not succeed in hanging the boys, the boys,
in all probability, would succeed in hanging them.
This dramatic byplay had taken but a short time in the enacting and had
passed unnoticed in the excitement occasioned by the threats from the
surrounding crowd and the placing of the alcalde's two big revolvers by
the side of the Bible on top of the barrel standing in front of him.
When it was over and Thure and Bud again gave their attention to the
court, Bill Ugger was about to continue with his testimony, the majority
of the crowd having shown themselves so plainly in sympathy with the
actions of the alcalde that the rougher ones evidently thought it wise
to keep quiet.
"As I was a-sayin'," continued Bill Ugger, when everything had quieted
down again, "afore we could git near enough tew th' murderers tew use
our pistols, they held us up with their rifles, an' ordered us tew git
an' git lively; an', by way of makin' plain their meaning that skunk,"
and he glared at Thure, "sent a bullet a-whistlin' so close tew my ears
that it made this hole through th' brim of my hat," and the man held up
his wide-brimmed hat and pointed with his finger to a little round hole
in the brim close to the crown. "Three inches more tew one side an' he'd
a-got me, tew.
"Wal, me an' Spike didn't stop tew argy none after that; but got back
ahind them bushes an' trees as sudden as our legs would take us. But,"
and Ugger paused and glared at Thure and Bud, "if I knowed I was on my
deathbed an' a-goin' tew die in five minits, I'd be willin' tew swear
that th' tew murderers was them tew boys a-standin' thar. We saw their
faces plain an' thar ain't no mistake," and his eyes flashed an ugly
look in the direction of Thure and Bud.
"Of course," continued Bill Ugger, "they didn't dare follow us, 'cause,
if they did, they knowed we could hide ahind a tree an' pot 'em, which
we'd ben sum glad tew do," and his eyes glowed vindictively. "Wal, we
waited, hid ahind th' bushes an' trees, not darin' tew show ourselves
an' bein' tew far off tew do any pistol shooting a-hopin' that they'd
ride off an' leave th' body of th' man they'd robbed an' probably
killed, but they was tew cunnin' tew do that; for, in a leetle while,
they throwed th' body, like it was a bag of grain, across th' back of
one of th' hosses an' tied it thar; an' then they rode off, a-leadin'
th' hoss with th' body on it ahind 'em. Me an' Spike waited 'til they'd
gone out of sight over th' top of a distant hill an' then we made for
th' spot of th' killin'. Th' grass was sum tread up an' bloody; an'
lyin' in th' blood an' partly tread intew th' ground, we found this,"
and Ugger thrust his hand into one of his pockets and pulled out a small
daguerreotype-case, perhaps a couple of inches square, on which could be
plainly seen ominous stains of red.
"This," and he held up the small case where all could see, "has inside
of it th' picter of as handsum a lady as I ever seed; an' under th'
picter is writ, in a woman's writin,' these words: Tew my beloved
husband, John Stackpole'; an' we reckoned, me an' Spike did, as how th'
murdered man's name must a-ben John Stackpole. See for yourselves," and
he handed the case to the alcalde, who, after opening it and looking at
the picture inside and the blood stains on the outside, passed it on to
the jury, who examined it carefully.
"Of course," continued Ugger, after he had watched the effect of the
daguerreotype on the alcalde and the jury for a minute, "bein' bound for
th' diggin's an' knowin' 'twould be almost useless tew try an' trail th'
murderers, me an' Spike at once started on our way ag'in for Sacermento
City, not expectin' tew see them murderers ag'in, leastwise not so soon.
We got intew th' city this mornin'; an' was a-standin' on th' street
a-lookin' at th' humans a-passin' by, when who should come a-ridin'
along right afore our eyes, but them tew identickle young fellers what
we had seen kill that man; an', of course, bein' honest an' law-abidin'
men, me an' Spike seen tew it that they didn't git away a second time.
Now, I reckon, that's all I've got tew tell, only," and again his eyes
turned vindictively to Thure and Bud, "thar ain't ben no mistake made
an' you've got th' right men; an' if they don't hang afore night, then
thar ain't no justice in Sacermento City. I'm done."
The alcalde sat for a moment looking straight in front of him. Evidently
he was swiftly reviewing the man's testimony to see if there were any
points that needed clearing up; but everything had been told,
apparently, in such a clear, straightforward manner that there seemed to
be nothing that needed explaining, and, with a sigh as he thought of the
youthfulness of the prisoners, the alcalde turned to the jury.
"Would you like to ask the witness any questions?" he inquired.
"No. Everything seems to have been told as clear and as straight as a
string," one of them replied, and all the others nodded their assent to
this, statement.
"Have the prisoners any questions they wish to ask the witness?" and the
alcalde turned to Thure and Bud.
For a moment the two boys consulted together. Then Thure said quietly:
"No, there is nothing that either of us would care to ask that man."
"The prisoner is dismissed for the present," and the alcalde motioned
Bill Ugger to step back from in front of the barrel.
CHAPTER X
THE MISSING BUTTON
"You may step forward and be sworn," and the alcalde turned his shrewd
eyes on the pockmarked face of the small man.
The man stepped quickly forward; but, just before he reached the barrel,
a sudden gleam shot into his eyes, which at that moment happened to be
bent on the ground and looking at the spot where Thure and Ugger had had
their brief but vigorous struggle. The next instant his foot apparently
caught in a root that protruded above the ground; and he stumbled and
fell violently downward, both outstretched hands clutching at the
ground. As he jumped hastily to his feet, his face very red and his
mouth flowing with apologies to the alcalde for his clumsiness, he
glanced downward swiftly into one of his hands, and then, with another
quick gleam of cunning triumph in his eyes, he quickly slipped the hand
into one of his pockets, and, taking his place in front of the barrel,
faced the alcalde.
"What is your name and present business?" the alcalde asked, when he had
sworn the witness, in the same manner Ugger had been sworn, to tell the
truth, the whole truth, and nothing but the truth.
"Spikenard Quinley," the man answered, shifting his eyes quickly from
the face of the alcalde to the two big revolvers on top of the barrel;
"but most of my friends jest call me Spike, for short. I'm bound for th'
diggin's, 'long with my pard, Bill Ugger, him who jest testified."
"Tell the jury all that you know about the case now before it; and make
your testimony as brief as possible, please," and the alcalde settled
back on his rude seat and fixed his eyes on the face of the witness.
Quinley did not prove to be as dramatic a witness as Ugger had been; but
he told a seemingly straightforward and honest story of how he and his
partner had witnessed the killing of the man supposed to be John
Stackpole, that differed only in the manner of its telling from the one
already told by Ugger, and, consequently, need not be repeated here. He,
also, was very positive that the two men, who had jumped up from the
prostrate body of the man and had held them up with their rifles, were
the two prisoners; and right here he introduced a bit of new
corroborative evidence in a most effective and dramatic manner.
He had completed his testimony and had been dismissed by the alcalde and
had started away from the court-barrel, when he suddenly stopped, as if
he had unexpectedly remembered something that might have a bearing on
the case, and turned to the alcalde.
"Excuse me, y'ur honor," he said, as he thrust a hand into one of his
pockets, the same pocket into which he had thrust the same hand a moment
after his tumble over the root, "but I've jest reckerlected that I've
sumthin' right here in my pocket that might help tew identify the
prisoners as the murderers, an' ag'in it might not--not that me and Bill
needs any more identifin', but, naterly, you, not seem' 'em kill th'
man, ain't so sart'in an' wants all th' proof that you can git tew show
that you shore have got the right party; an' so, if y'ur honor don't
object, I've got a leetle sumthin' more that I'd like tew introduce as
testimony, that might, an' ag'in it might not, help tew make th'
identity of th' prisoners more shore," and he paused, still keeping his
hand in his pocket.
"This court is always ready to hear any testimony that has any bearing
on the case before it," the alcalde said. "Take your place again on the
witness stand," and he nodded toward the barrel.
Quinley at once returned to his place in front of the barrel.
"Now, remembering that you are still under oath to tell God's truth, you
may introduce your evidence," and the alcalde half-arose from his seat
in his anxiety to see what this new evidence might be.
"Of course, I'm none shore that it belongs tew either of th' prisoners,"
Quinley began. "It might have come from th' clothes of th' murdered man,
an' ag'in it might have come from th' clothes of th' prisoners, an'
ag'in th' prisoners might not have on th' same clothes tew-day that they
did when they killed th' man, an' so it might prove nuthin'; but, right
whar th' grass was tread up th' worst on th' spot whar we saw th' man
killed, I found this--" and the hand came out of the pocket and was
extended toward the alcalde, holding on its palm a button. "Now I'd
plumb forgot all about th' findin' of this button, not settin' any store
on it, when, jest as I was a-leavin' th' witness stand, th' thought
popped intew my head, that, if th' prisoners happened tew have on th'
same clothes they had on when they murdered the man an' th' button came
from their clothes, then I had in my pocket important evidence, 'cause
th' button is a peekuler lookin' button, an', I reckon, thar must be
more buttons like it on th' clothes whar it come from. I asks that th'
clothes of th' prisoners be examined tew see if either on 'em has
buttons on like this," and he handed the button to the alcalde.
The alcalde took the button and sat for a moment staring at it as it lay
on the palm of his hand--a small thing, but it might help to weave the
rope that would hang two human beings!
"Git a-goin'," shouted someone impatiently from the surrounding crowd,
"an' see if either of th' prisoners has got any buttons on his clothes
like that you're a-holdin' in y'ur hand. If he has, I reckon, thar won't
be any need of takin' any more testimonies."
A dozen voices shouted their approval of this statement. Evidently the
sympathies of the crowd were being fast turned from Thure and Bud.
The alcalde arose slowly to his feet.
"This court," he said sternly, "is here to see that the prisoners are
given a fair trial, guilty or not guilty; and judgment shall not be
pronounced until the case has been fairly tried and their innocence or
their guilt fully established. This cannot be done until the prisoners
themselves have been heard in their own defense. Let us hear no more
talk of mob judgment and mob execution. The court will pronounce
judgment, and the court will see that its judgment is promptly executed,
to the full satisfaction of every honest law-abiding man in the city."
He paused for a moment, while his keen eyes sternly searched the faces
of the surrounding crowd. There was no response to his words and
challenging glance.
"This button," he continued quietly, holding up the button that Quinley
had handed him where all could see it, "the witness swears was picked up
by himself from the ground, where the struggle between the murdered man
and his murderers took place, and is presumed to have come either from
the clothing of the murdered man or from the clothing of his murderers;
and the witness asks that the clothing of the two prisoners be examined
to see if like buttons can be found on their clothing. The contentions
of the witness, regarding the value of this button as evidence in the
case before us, are just. Therefore his request is granted and the
prisoners are ordered to be examined. Young man," and he turned to Bud,
"you will please come forward; and allow the gentlemen of the jury to
compare this button with the buttons on your clothing," and he handed
the button he held in his hand to the foreman of the jury.
The production of this button by Quinley was a surprise to Thure and
Bud. If it should prove to have come from the clothing of one of them,
it certainly would look suspicious; but, how could it have come from
their clothes, at least from the clothes they now had on, since neither
of them were now wearing the same garments that they had worn on the day
of the hunt, when they had found the murdered miner? Consequently the
introducing of the button as evidence by Quinley had caused both of them
more surprise than it had uneasiness, surprise that Quinley should care
to introduce such meaningless evidence as he must know the button to be,
since the examination of their clothing could only prove that the button
belonged to neither of them. The episode of Quinley's stumble, in the
excitement of the trial, had passed from both of their minds, as,
doubtless, it had from the minds of all the others; but, even if they
had remembered it, they would not have thought of connecting it in any
way with the finding of the button. Hence Bud, at the summons of the
alcalde, had stepped forward promptly and confidently.
"We find two buttons missing from the prisoner's coat," announced the
foreman of the jury, when the examination of Bud had been completed.
"But, since the button offered in evidence bears no resemblance in
design or size to the buttons remaining on the coat, we declare that so
far as this prisoner is concerned the button in question proves
nothing."
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