CHAPTER XXIII
Steve Leads the Way
Weirdly strange were the shadows cast by the moonlight upon the earth asthe party of miners and hunters turned from the road towards themountains. The huge gleaming and silvery orb hung in a cloudless sky,typical of gorgeous California, and cast her beams from a point behindthe party, so that the shadows of the horses danced in front of the men,thin, and angular, and misshapen, and stretching so far in advance thatthe lines of the horses they rode, actually so pleasant to look upon,were transfigured and made hideous and absurd. Above these same shadowswere those of the men, jogging this way and that, topped by a sombrero,and often enough by a sharp-cut shadow, denoting the rifle the mancarried.
"The gun that's got ter do with Tusker," said Steve as Jack trottedalong beside him. "I believe ef it warn't fer men of his breed, and ferthe saloons and the bad spirit that's sold in 'em, thar wouldn't be noneed fer weapons out here, save, in course, fer use agin them Injunvarmints. Fer California ain't free of them altogether, and ef it war,and we was unarmed, the critters would be pourin' over the ranges intheir thousands, huntin' fer scalps. Boys, jest take a word o' warnin'from one as has been on games same as this afore. Don't ride in a bunch.Scatter, and spread yerselves out. Then, ef there's a man 'way up tharwith his gun ter his shoulder, the chances aer he'll miss. Savvy?"
The men did savvy. The band who were riding out to capture the last ofthe gang of ruffians who had terrorized that part of the goldfields, andbetween them had committed many murders, was composed of individualswith an abundance of experience. For, as Steve had said earlier on,California was infested by brigands and ruffians of the worstdescription, who preyed upon the miners, and against whom the strictestmeasures were necessary. There were constant alarms, gold convoys wereoften held up, and not infrequently the sheriff was compelled to callupon the citizens of some little place to ride with him with the objectof exterminating some of the ruffians. So it happened that there werealways men to be found who had accompanied such expeditions, and who,therefore, knew what precautions to take, and how necessary it was touse cunning and care when approaching the enemy.
"Jest wait a bit," cried Steve after a while, when the party hadtraversed some three miles of the grass-grown plain and were already onthe foothills. "It ain't so easy ter slide from yer saddle when ye've anarm in a sling. But I kin do it if the hoss aer still. Now then, mates,ef one of yer'll lead that hoss I'll shift along on foot and follow thetrail. Thar ain't no difficulty hereabouts, fer a child could see theirmarks. But we're comin' ter rocky parts, and then it'll be a conundrum."
Half an hour later the climb had become steeper, though not too much sofor the horses. But what Steve had mentioned had already occurred. Theywere on rocky ground, though some herbage appeared amidst the boulders.But as yet the little scout, his eye fixed upon the trail, went steadilyupward and onward, never hesitating for the particle of a second.
"They know as well as I do thet any chap could follow so far," he saidafter a while. "Thar ain't no finding a road free of grass and softplaces hereabouts. But up thar it'll be different. Then we shall haveter nose round a bit, and even then we're pretty safe ter be bothered."
It was not until they had traversed another mile, and were approachingvery steep ground, that Steve raised his hand, and brought the wholeparty to a halt.
"Jest as I expected," he cried, dropping on hands and knees, andmanaging to scramble along in spite of his damaged arm. "Them artfulcritters rode this far, and then halted ter look around and choose asafe line. There ain't a blade of grass above us, and, in course,they've gone right on. But they may ha' turned ter the right or ter theleft, and this here mountain aer long enough ter give 'em shelter and ahidin' place whichever way they go. Mates, jest stand fer a bit. Tharmay be a trace, and it'd be best not ter override it. Abe, slip outeryer saddle and take a look round."
It was ten minutes before either of the scouts ventured to speak,meanwhile the remainder of the party dismounted, and, hitching theirreins over their shoulders, filled their pipes and lit them. Steve andAbe, often on hands and knees, covered the ground in circles, and seemedas if they would continue in the same occupation, till of a sudden a crycame from Abe.
"Helloo!" he shouted. "Jest hop along up here. Here's somethin'."
It proved to be a dark stain on a patch of whitish pebbles, and both heand Steve pronounced it without a moment's hesitation to be a bloodstain.
"That 'ere Tusker," declared Steve with a grunt. "He was feelin'queerish, most like, and called a halt. He rolled out of his saddle andlay jest here till one of his mates come and picked him up. Yer can seethar was more than one. Them stones is kicked about. This aer a find! I'low as I war bothered back thar. Them critters seemed ter have cleanslipped off into air."
"Reckon they took this line ter the right," answered Abe, "and I've asorter notion that we'll be able ter follow, fer seems ter me as there'smore of them stains. Maybe one of the hosses is hurt, and aer leavin' atrail as he goes."
In a little while Jack and his friends did indeed have displayed beforethem an example which many might take to heart. He and the little bandof pursuers had arrived at a part where, if the enemy were cunning, asthey undoubtedly were, they ought to be able to disappear withoutleaving so much as a track, a broken blade of grass, or a hoof-print toguide those who followed. Yet, with all their caution, a clear trail wasleft, though they knew nothing of it. For one of the horses, shot in theleg perhaps, imprinted a blood-stained hoof every yard of the way theyhad followed, making pursuit to men like Steve and Abe a simple matter.It was an indication of the fact that, while circumstances may for awhile be favourable to evil-doers, sooner or later there comes someunforeseen event which trips them up.
"I've know'd a thing same as this afore," said Steve. "It war after oneof them Injun raids 'way over them mountains, when the critters had comeout on the warpath without so much as a warnin'. Wall, they killed andscalped every man, woman, and child as they could drop on, and fired thesettlers' farms over fifty miles. George Trueman, he war a settler, andit seems he'd been 'way over the border ter see a man as was lookin' terbuy cattle. He comed back ter find the farm a mass of blackened cinders,his cattle gone, and the box as he kept his dollars in taken clear away.Trueman war wild. He war fixed up ter get married, and though he couldput up with the burnin' of the farm, the loss of the money would prettynigh ruin him. Yer kin guess what happened."
"Followed the critters, I suppose," suggested Abe.
"Sure. Got a band o' men together, same as we aer, and sets off. Wall, Iwar one of the band, and pretty soon I gets on ter a trail like this,made by a hoss that war wounded, but not so bad as he couldn't go. Thattrail ran on fer thirty mile, till you'd have thought the hoss would ha'fallen dead, and in the end we dropped into them critters, and Georgerecovered the money."
"While this time we recover the man," laughed Abe. "Jest you hop intoyer saddle agin, Steve. Ye'll ride easy thar, and it don't do that armno good walkin' in these rough places. Reckon I kin follow the trail."
Thanks to the spots of blood, sometimes scattered sparsely on thestones, and at others imprinted in the form of a hoof Abe was able tostride along without a halt. For an hour he led the party withoutturning aside. Then suddenly he faced up the mountain, and began toclamber.
"Them critters brought their hosses up," he cried over his shoulder, "soguess yer kin do the same. But the goin' aer bad, and ye'd best beskeary, and look out fer holes."
The place was, in fact, difficult for horses, and it needed much care onthe part of the riders to take them up such a steep and rough place.However, it was not long before the ground sloped a little less steeply,and then became almost flat. Abe led the way across this without afalter, and very soon Jack became aware of the fact that he and hisfriends were actually descending.
"A kinder hollow," explained Steve. "Precious soon things'll behappenin'."
Scarcely five minutes had elapsed, in fact, before the nerves of thesehardy miners and hun
ters were somewhat startled by a loud report. Asingle shot rang out from some point in advance, and high up above them,while one of the horses squealed, plunged heavily, and then stoodshivering and shaking.
"Wall, of all the critters!" cried one of the miners, slipping from theinjured animal's back. "I didn't think as a man could see us down herein the hollow, let alone train a gun on us. Reckon it war lucky we warall spread out. Gently, lass. Yer ain't badly hurt. This here aer nowuss than a pinprick. The ball catched her two inches from her withers,on the very edge of the neck. It ain't worth mentionin', old gal."
He patted his mount soothingly, and soon had her in a happier frame ofmind. Then, dropping the reins on her neck, he left her to herself, andwithin less than half a minute she was seeking for grass tufts amongstthe boulders. Meanwhile the other men had dismounted, while Steve andAbe discussed matters with the sheriff.
Bang! From a point some seventy yards above the heads of the party, anda considerable distance away, there rang out another report, while asplotch of flame leaped from the mountain side. But it was gone in amoment; and when Jack fixed his eyes in that direction it was to seemerely brown rocks and boulders tumbled haphazard on the mountain side,and all bathed in the rays of the moon, rays which gave a ghostly, eerieappearance to the surroundings. As for the bullet which had beendischarged, it hummed through the air, striking a rock at our hero'sfeet with a resounding clang, and afterwards glissading off into space,where the ricochetting object set up a piercing scream that added to theuncanny effect produced by the moonbeams.
"And no one hurt. That's luck!" sang out the sheriff. "Now, gentlemen,it aer clear that them fellers way up thar ha' got the drop on us. Downhere the moon throws our shadows, and, even ef they can't see us, ashadow is close enough ter aim at, and is bound to bring a bulletprecious near before long. Leave the hosses and make fer the hill. Tharain't no use waitin'."
"None," agreed Steve promptly. "Ef we stay down here, sooner or later,as Mr. Sheriff says, some of us'll be gettin' in the way of a bullet,and that ain't sense. But, seems to me, we might spare three or four whoaer good shots ter lie down amongst these boulders and give themcritters a shot whenever they show whar they aer located. Thet'll keep'em from payin' us too much attention."
The trusty little scout was not the one to neglect or to forget aprecaution at such a moment, and his advice was hailed with eagerness.It was dangerous work this pursuit of criminals, and more often than notmen were killed; for the rascals who infested the goldfields knew whatcapture meant. It ended, in nearly every instance, in a hasty trial andsummary execution. Consequently there was no thought of giving in. Thecontest was always one almost to the death.
"Supposin' Steve stays right here," sang out Abe. "He ain't no good ferclimbing with that arm of his, and, sence it's his left, he'll be ableter hold a gun with his right and rest it on a boulder. Lively does it,mates. Ef we stay jawin', them critters'll soon be gettin' the range ofsome of us."
As he finished speaking, as if to impress his words upon the band ofpursuers, four shots rang out from the mountain side above them, andagain was heard the thud of bullets, while splinters of stone werescattered broadcast.
"Wall, get to it, Steve," called out the sheriff, "and you too, BillHendy and Frank Gorman. Let 'em see as you know how ter pepper 'em withlead, and keep at it with your guns till we're pretty close and handy.Thar ain't any fear of your shootin' into us, 'cos the moon's thatbright yer can see easy. So long! Make it hot for them scoundrels."
Promptly Steve and the two men detailed for the work dropped on theirfaces amidst the boulders, and, each selecting a large rock which washigh enough to give him shelter from bullets fired from above, proceededto unsling his rifle. Nor was it long before the opportunity came tothem to fire. Once more the same red splotch of flame spurted from themountain side. It was answered almost instantly by three shots frombelow, and within the space of half a minute by an echoing scream fromabove. Then a dark, ill-defined figure started up from the mountainside, and for a moment a man stood erect, his shadow cast on the brownearth and rocks behind him. One arm was raised above his head, and therays of the moon showed that the hand gripped a rifle. Thus he stood fora few seconds, as if staring down into the hollow where Steve and hismates lay. Then, pitching forward suddenly, he fell headlong, bringingan avalanche of smaller stones and boulders chasing after him.
"Fetched him," said Steve coolly. "Thar ain't no sayin' whose shot itwar. Reckon me and these two mates of mine ha' had occasion to fire insimilar sarcumstances afore. I give him a range jest a foot below theflame of his rifle, and I guess it fetched him. Ah! There's another ofthem."
One after another the shots rang out from the mountain side, while Steveand his friends replied as rapidly as they could. While they did so,Jack and the others raced from the hollow and, using hands and feet,clambered up the steep slope. Not a sound came from their ranks, for alltheir breath was required for the task before them. They never paused tolook above them, nor noticed when the defenders of the position stoodout from their lair and discharged their rifles at them. They clamberedsteadily and quickly upward, leaving the three friends below to look totheir defence, and to pour in such a fire that the rascals would notdare to expose themselves.
"There they are! Close in on them!"
In his eagerness to come upon the ruffianly Tusker Joe, and capture him,Jack forged ahead of the others. He was younger than they and moreagile, and, without being aware of the fact, had rapidly outstrippedthem. And now he suddenly came upon the lurking place of the enemy.Clambering round a boulder of unusual proportions, he came to a levelspot, a narrow pathway which ran on either hand till it was lost on theface of the steep slope. Here, some six yards to his left, four men werecrouching, one of them being in the act of firing down at the hollow ashe looked.
"Rush them! Down with them!" Jack shouted. "But don't shoot Tusker."
Careless of the consequences, blinded to his own danger by theexcitement of the moment, and urged to strenuous exertion by theever-present thought that here, almost in his own hands, was theevidence for which he sought, Jack raced along the ledge, dashed intothe centre of the group of men, and became engaged at once in adesperate struggle. A man seemed to rise up before him, and in a momentthey were locked together in an embrace which nothing but the death ordisablement of one or other would terminate. They stood on the very edgeof the ledge, the steep slope running away precipitously below them, andswayed to and fro, swayed so far over the edge that it looked as if theymust lose their footing and fall.
As they staggered this way and that, others of the gang of desperadoesclubbed their rifles and made every effort to bring the butts crashingon to Jack's head. But always some frantic twist or turn of thecombatants, some violent change of position on his part, upset their aimand caused them to fail in their object.
Meanwhile Steve and his two friends below had ceased firing, and stoodwatching the contest with staring eyes. For the little scout the momentsdragged heavily. The struggle he witnessed up there on the mountain sidewas more than momentous. It stirred him to the deepest depths, for hehad more than a friendly feeling for our hero.
"Back him up!" he bellowed, placing his hands to his mouth. "Can't yersee we can't help him. Git to and rush them, or they'll kill him. Gosh!Ef only I war there. I'd----"
He came to a sudden stop and stood rooted to the spot, his heart in hismouth, a sudden and unusual feeling of depression about him. For helphad not yet reached our hero. The brilliant rays of the moon showed theother members of the band of pursuers almost within reach of the ledge,but not quite there. It showed also the figures of five men strugglingfuriously on the mountain side, and one of those from his height andbuild was undoubtedly our hero. The mob of men seemed to be thrustinghim from the ledge, and as Steve stared he saw Jack striking outvaliantly with his fists, for the man who had gripped him had suddenlylet go his hold. Then there was a shout, and one of the rascalsattacking him leaped forward and wound his arms round Jack's body.St
eve shut his eyes and shuddered.
"Gone," he thought. "They'll throw him down."
But no. When he looked again the position of affairs had not altered.Jack was there, on the very edge of the ledge, staggering to and fro inthe arms of the ruffian who had gripped him. While the others had of asudden turned their attention to the pursuers who were now withinstriking distance. There came on a sudden the sharp, distinctive snap ofa pistol, and then a shout from Steve which awoke the echoes. For Jackhad disappeared. A second before he and his antagonist had been poisedon the edge of the ledge. Now they were gone, there came only theclatter and rattle of boulders and stones which came rolling and leapingdown the mountain side.
"Killed!" groaned Steve. "Thar ain't a doubt but that they've done forhim."
"Not they. Jest let's go and look for him," sang out Bill Hendy. "I'veknowed a man fall heavier and farther by far than that, and have nary ascratch ter show fer it. 'Sides, he's young, and young bones take a dealof breakin'. He warn't shot, that I'll swear. It war the sheriff's shotas ended the struggle."
His mind full of doubt and misgiving, and yet, with his accustomedcourage, still hopeful that Jack would prove to have escaped, Steve ledthe way up the mountain side till he reached a spot some forty feetbelow the ledge on which the brigands had taken refuge. And there theyfound our hero, wedged in between two boulders, breathing veryshallowly, and quite unconscious. Beneath him lay the body of the manwho had held him so firmly in his embrace.
"Dead?" asked Steve, hardly daring to ask or to touch our hero.
"No more nor you nor me," came the hearty answer. "Jest knocked silly,which ain't ter be wondered at, seein' as he's fell nigh fifty feet.Reckon this here fellow saved the fall for him. He's dead. Dead asmutton."
"Not a bone broken, or I am much mistaken," exclaimed Steve, running hishands over Jack's limbs, for in his eagerness and anxiety the littlescout had slipped his wounded arm from the sling. "Stunned. Then he'lltake no harm. He'll sleep well to-night, and to-morrow he'll eat as gooda breakfast as ever he did. Wall, mates, what's the tale?"
The contest was entirely over by now, and, within five feet of the spotwhere Jack lay, one of the miners was seated on a rock stolidly smoking,while a companion bandaged up an ugly wound in his thigh.
"Jest a snap shot, like," he explained pleasantly to Steve as he suckedat his pipe. "Thought he was downed and done fer. But he warn't, thecritter! He sits up sudden and let's fly, then dropped back as dead ast'others."
"Then you finished 'em?" asked Steve.
"There was five beside Tusker Joe," explained the sheriff, coming up atthe moment. "I got in a shot at the man who had collared young Jack, andI dessay you saw 'em both come tumbling. Then two more was shot andwounded afore yer could count the seconds. But they got clear away inthe scuffle. A fourth fell to a ball fired from one of you three as wewas mounting the hill, while the fifth got hit by a ricochet. Anyway,when we arrived, there he war lyin' insensible beside Tusker."
"And him? He's dead too?" asked Steve, anxiety in his voice.
"Jest livin'. Played out after ridin' so far after sich a wound. He'llgo ef we ain't careful."
"And with his life all chance of Jack gettin' his evidence," criedSteve. "See here, Sheriff, it means a hull lot fer this young friend ofmine, and seein' what's happened I feel I kin count on you and the othermates ter help. We'll send along fer a surgeon, and meanwhile rig up acover fer Tusker and the other man. Ef tryin'll do it, we'll save theman who killed Jack's father and then led the young chap hisself intosech a scrape. I can kinder count on you?"
"Yer kin," was the emphatic answer. "You and your special mates havesaved us a hull heap. Tusker and his gang were a real terror, and we andother folks are grateful. In course we'll stay. As soon as the mornin'comes we'll fix up a shanty, and meanwhile I'll send one of the men backto the settlement."
They were a practical lot, those miners and scouts, and in a littlewhile one of them was speeding from the spot mounted on the best horseand leading another. Meanwhile Jack was laid on some piled-up blankets,where he quickly recovered consciousness, for he was merely stunned bythe fall.
"You aer jest ter lie thar as ef you was properly dead," smiled Steve."That'll bring yer round sooner than anything. Thar's some coffee in myhaversack, and in a while, when thar's been time to get a fire goin',we'll brew some of it extry strong. It'll clear yer head. A good soundsleep after that aer all that's wanted."
The little scout had picked up a fund of information in a practicalschool. His was the class of knowledge which, combined with a vastamount of experience and with common sense beyond the ordinary, is ofreal service in such cases as Jack's. It was not with him a littledangerous knowledge, as is sometimes the case.
"We aer got ter be particular careful with this here Tusker," he said,when Jack was securely tucked in his blanket. "His life are morevaluable I guess than even Jack's, and thet's sayin' something, fer thelad thar aer a bright one. Let's jest have a look at the man."
They carried the wounded and unconscious robber into the shadow cast bya rock, and there Steve carefully inspected his wound.
"Plumb in the chest," he said, as he opened the shirt, and rolled Tuskerover. "It aer clear that the bullet has broke through into the lung, andas fer as I can see it don't make much odds whether it's gone rightthrough or remained inside. But we'll make sure."
By dint of the greatest care he and the man who was helping him rolledTusker over still farther, only to discover that the ball which hadstruck him in the chest had wounded the lung, but had failed to emerge.It seemed, indeed, at first sight, as if there was little left for suchinexperienced surgeons to do save to place the man in a comfortableposition, shield him from the sun, and await his return toconsciousness. But Steve was a knowing little fellow.
"I tell yer his life's extry valuable," he said, standing up beside hispatient, "and we are got to move ef we want to save it. Not that he aerlikely ter pull through. Reckon this aer Tusker's last call. Now, mate,lend a hand. We'll put some sort of a dressing on the wound, and then,seeing as he's still losing blood, we'll have ter make shift ter stopit. Yer see, it ain't the bleeding from the outside wound that matters.It's what's coming from the lung."
This important fact had not escaped Steve and his comrade. There was adeathly pallor about the robber chief which showed that he wasdesperately hurt, and that the haemorrhage had already been severe. Then,too, the corners of his mouth were discoloured, while a few red dropshung on his chin.
"It stands ter reason," said Steve, speaking as if he were arguing thematter out with himself, "that nature aer doing her best ter helpTusker. He aer scarcely breathing, fer the simple reason thet ef he wasmoving his chest same as you and me, and with it his lung, why themovement of the one that's wounded would make the loss of blood evenwuss. Thet bein' so, we'll take a lesson from nature. Lend a hand.Reckon we'll roll him on ter the side that's damaged. The weight of hisbody will hold the ribs still, and so rest the wounded lung."
Very carefully and tenderly did they set to work. An old but clean pieceof linen was folded to form a dressing, and was saturated with clean,cold water. This was firmly secured to the wound in the chest by anotherstrip of linen. Then a long pad was made with the help of ahandkerchief, and some soft grass, and, having laid their pad over thedressing and its bandage, and round the chest, Steve cleverly passed asaddle girth under his patient, brought it round over the pad, andpulled it taut, till it seemed that he would arrest all movement of theribs. Then the patient was gently rolled on to his wounded side again.
"Thet aer takin' a lesson from Mother Nature," said Steve, surveyingTusker with some satisfaction. "He is still losing blood from the lung,as you kin see from what's coming from his lips. But that 'ere girth,and layin' him on his side, will quieten the movements of his chest, andjest give him a chance. Gee! I never worked harder to save a man. I feelas anxious about him as ef he war my father, and, I kin tell yer, itmeans a hull heap ter young Jack thar ef Tusker pulls round."
No two nurses could have tended a patient with greater care and devotionthan Steve and his fellow worker showed. They sat down in turn besideTusker Joe, moistening his lips with water every now and again, whiskingthe flies away when they would have settled on his face, and holdingthemselves always in readiness to turn him if the position in which hewas placed should appear to be harmful. But it quickly became apparentthat Steve's common sense and his most valuable habit of closeobservation were to be rewarded. Nature, indeed, responded to thetreatment, and before long it was clear that Tusker's condition, thoughstill desperate, was slightly improved. The pallor of his face was notnow so marked, while there was little if any bleeding from the lung.
"He ain't likely ter die of loss of blood now, I reckon," said Steve,surveying him critically. "It aer the shock of the wound that's goingter kill Tusker. Jest set down beside him, mate, while I have a look atJack."
Late that evening the man who had ridden off to the settlement with anote from the sheriff returned, and with him a young surgeon. By thenJack had awakened, and, but for a slight headache and a good deal ofstiffness, was himself again. Therefore there was no need for him tohave attention. The surgeon at once went to Tusker's side, and for halfan hour devoted all his skill to him.
"If he lives I shall be surprised," he said at last, when he had doneall that was possible. "I calculate that the ball was travelling in sucha direction that it must have perforated the upper part of the lung--apart, in fact, of vital importance, seeing the size of the vesselsthere. In any case, the man who looked to him at first and bandaged himdeserves a medal. It was the only treatment to adopt. I couldn't havedone more myself. You can see for yourselves that, beyond replacing thedressing with one of suitable material, I have made no alteration."
Steve went red at such commendation. "Yer don't live out on the plainsfer nothing, mister," he growled. "Still, I'm glad we did the rightthing."
"You can take my word for it that you did," was the hearty answer. "Allthat I can suggest now refers to nourishment and covering."
The night which followed was an anxious one in the camp. Jack couldscarcely sleep for worrying, while Steve was on his feet continually,hovering about the wounded man; for it was by no means certain thatTusker would live even long enough to regain consciousness, and, if hewere to regain his senses, who could say whether he could or wouldprovide that evidence which was of such vital importance to Jack, andalone could clear him of the accusation for which he had been tried, andso nearly imprisoned. It was yet to be seen if our hero would ever clearhis name, or be able to return to Hopeville in safety, and there prove,beyond a question of doubt, that he was entirely guiltless.
CHAPTER XXIV
A Great Acquittal
Let the reader imagine with what anxiety Jack and his friends watchedthe struggle between life and death taking place in the case of TuskerJoe. There were days and days when the man lay an inert mass,unconscious, and too weak to move. Days when it appeared as if eachminute would prove his last. Then, when all seemed lost, the brigand'sextraordinary vitality gave him strength to rally. He turned the corner,mended slowly, and was at length strong enough to speak.
"And now we kin move him ter the settlement," said the sheriff, who hadbeen in almost daily attendance. He had, in fact, been a stanch friendto Jack and his mates, and had sent tents and provisions to them. "Oncewe have him and his comrade in the settlement, we'll get a couple oflawyers to come along with us, and we'll hold a sorter court, withwitnesses ter take note of everything. In course he may refuse to speak.But Tusker aer on the long road. He's mended so far, but that hurt aergoin' ter prove fatal."
That, indeed, had been the opinion of the surgeon, who also had mademore than one trip out to the temporary camp beside the mountain, wherethe last of the brigands had been run to earth.
"Shot through the chest," he declared grimly, "and may or may not make arecovery; but in any case it will be but temporary. My experienceteaches me that the man's days are numbered."
However, Tusker improved to such an extent that it became possible tomove him. He was taken in a cart to the settlement, his wounded materiding with him. As for the latter, he was even more grievously hurt,and his life still hung in the balance.
"We might wait here a month and he be still the same," said the surgeon."We will risk moving him. There is no other alternative."
All this while Jack had been careful to keep away from the injured men.He had ridden back to the mine to report to Tom and the others what hadhappened, and had found them industriously delving and washing dirt inthe cradles. They declared to him that the yield was, if anything,improving, and that there seemed to be a wealth of the shining metalstill to be regained.
"There ain't a doubt but what we've hit it rich," declared Tom theevening Jack arrived, "and ef we get the stuff ter the bank withoutmeeting with any of the gentry as tried ter waylay you, we'll all havefortunes to our name. So you've got that man at last, Carrots? Don't yoube downhearted. That Tusker will out with his evidence, and ye'll becleared. They'll shout themselves hoarse when yer get back to Hopeville.Meanwhile me and the mates go on, and shares are divided same as before,so you, and Steve, and Tom, and Abe'll lose nothing. That's doin' thingsfair and square, same as we've always done."
When Jack got back to the settlement, where Tusker was being cared for,Steve greeted him eagerly.
"He'll talk, he will!" he cried. "I've been in ter see the man, and, Itell yer, he's changed. He reckons he's got the last call, and ain'tmuch longer fer this world. He jest begged me ter overlook old days, andforgive him for what he's done. That bein' his mood, seems ter me asyou'd best see him."
That very evening, in fact, the surgeon having been consulted, Jack wasushered into the little wooden shanty where the wounded brigand lay. Hewas propped up in bed, and our hero was shocked at his appearance. Theman was desperately thin and cadaverous, while there were heavy linesunder his eyes.
"Tusker," said Steve solemnly, "I've brought a young friend of mine tersee you, and afore yer take a look at him, or git talkin', I'd like togive you his history. Aer you game ter listen?"
The wounded man motioned Steve to a chair, and scarcely looked at ourhero.
"Speak!" he said in a voice little above a whisper. "I will listen."
"Then, here's the yarn. Jack Kingsley aer the son of a man calledTom--Tom Kingsley, from New York State--known in the minin' camps adozen years ago as 'Lord Tom'. He war shot in a saloon by onecalled----"
"Stop!" Tusker Joe's voice rose almost to a scream. "I know--I know thetale only too well. Believe me, mates, I would give the whole of my pastlife if I could undo what I have done. The memory of those crimeshaunts me. And this is the son? I beg of him, I--I----"
"That's done with, mate," said Steve kindly. "Thar comes a day whenevery man, as he looks back, sees things as he might ha' done better,things that shame him and make him wince. Ef ye've turned, as I believeyer have, why, then, I reckon your sorrow aer downright genuine. Yercan't give Lord Tom's life back to his son, so we'll let the matter be abygone. But thar's more to tell, Tusker; more as has ter do with youractions. Listen for a spell."
The little scout moistened his lips, and looked from Jack to the sickman. At any other time he would have despised himself for tormenting apoor wretch with such a tale, for torment the words he had uttered hadbeen to Tusker. The man's drawn face showed it. It was cruel topersevere with the story, yet here, on this man's slender life, lay thesuccess or failure of Jack's existence.
"Wall, you've got ter hear it," said the little hunter, as gently as hecould, "fer Jack here ain't never done nothin' ter harm you. He's asclean and straight and plucky a young fellow as ever I met, and ef ye'retrue to yerself, Tusker, he'll be able ter go back home ter his friends,and hold his head up before the world. Tusker, thar was a man same asyou came to a town called Hopeville, this many months back, and got ayoung smith ter forge a key, stuffin' him with some simple yarn. Thatyoung chap war Jack here. He got suspicious, and happened b
y chance terdiscover that the man fer whom he'd made the key were about ter attempta burglary with a mate. He followed them, got right inter the house,and then war set upon by a caretaker who took him fer one of theburglars. Jack here war floored, and then the caretaker war shot by theburglars, who got clear away. Wall, when the officer came, the man aswar hurt declared that Jack war one of the gang, and then died rightoff. Thar warn't no one to clear Jack, no one ter prove as he wasn't oneof the gang, and he war put up fer trial. He'd have had ten years'imprisonment ef he hadn't bolted, and ef he ever goes back east he'ssure to be taken. Tusker, the man who come fer that key war you. You'rethe only one as kin clear Jack and set him on his legs agin."
It was a long speech. Steve had probably never before made such alengthy one, and at the end he drew his hand across his forehead to wipethe perspiration away. Jack stepped into the centre of the room, wherethe light fell full upon him, while the sick man sat upright and staredeagerly into his face. Then he fell back wearily.
"Everywhar the tale is the same," he groaned. "I have indeed donemiserably with my life. I acknowledge that I was that man. Show me how Ikin help ter right the wrong I have done."
Waiting outside were the surgeon, the sheriff and two lawyers, besides acouple of independent witnesses, and Steve promptly ushered them in.
"He'll speak," he said. "He acknowledges all."
"Then we will get to business. See here, Tusker," said the sheriffkindly, taking the sick man's hand, "ye've got a real good chance ter doa good turn ter one ye've harmed. We've witnesses here. Tell us the taleof this burglary. Describe the place, the house, the rooms you entered,everything, in fact, that happened. Then, when the evidence is sent toHopeville, thar won't be a shadow of doubt but that you war the man."
It took more than an hour to take down the evidence, and true to hisword Tusker gave every detail. Sketches were drawn of the house from hisdirections, the name and address of the owner of the cart he had hiredwere forthcoming, while he was even able to give the name of the man whohad received the goods he had stolen.
"And now," he said, more cheerfully, as if his action had taken some ofthe load from his mind, "I've heard that James Benson war the only otherman of the gang caught alive, and that, like me, he ain't much longerfer this world. Wall, I said I'd do all I can. James war in thatburglary too. Ef you want corroboration of the evidence, see him. Tellhim I've spoken. Take his evidence separately. Thar won't, then, be ashadow of doubt."
The other man, who alone with Tusker had lived to be captured, promptlyagreed to tell his story when he heard what his chief had done. And, asmay be imagined, the sheriff and his witnesses very carefully enteredevery particular, getting the man to sign his confession just as Tuskerhad done.
"That's enough to clear a judge," said the sheriff, delight in hisvoice, when they had retired from the house. "Now, there's jest one morething as the lawyers advise, and I agree with them that it would be wellef it war done. We'll call in two more sheriffs from the nearesttownships, read this evidence over before them, and before Tusker andthe man James, and then get them to attach their signatures and officialseals. The expense will be trifling, and I'm sure havin' everythin' soup to date and orderly will prevent any little hitch arising. In course,ef it war possible, I'd say: Take Tusker and the other man right eastwith you to Hopeville. But that ain't ter be thought of. The journeywould kill them."
A week later our hero set out for San Francisco, Steve and one of thelawyers accompanying him.
"It aer worth the expense," said Steve, when it was first suggested thata lawyer should be taken. "He'll be able ter prove the papers and theseals, and kin act as defence for yer. In course ye'll have tersurrender ter justice, and then apply fer bail. We'll draw some of ourgains before movin'."
Two months later they arrived in Hopeville, and Jack nearly startled thekindly James Orring out of his senses when he suddenly appeared at theforge. James stared at him as if he were a ghost, gripped his hand, andthen, sinking his voice, and looking hastily over his shoulder, drew hislate apprentice into the back of the smithy.
"Glad, right glad to see yer, Jack," he said heartily; "but this aerrank foolishness. Thar's never a day passes but what Simpkins theconstable gits nosing round here, as ef he expected ter suddenly findyer. He ain't been to-day. Guess he'll be about afore very long. Wall,what aer it? Short of money, lad?"
Jack laughed, and, dipping his hand into his pocket, pulled out a rollof dollar bills. "Thanks, no," he said, still smiling. "I've come tohand myself over to the constable, please. Will you send for him?"
It was a day of excitement for Hopeville, and for James and his wife inparticular. Quick as a flash the news spread that the young smith whohad made such a sensational escape from prison, and was being tried forburglary, had suddenly returned to face the justices. The rumour broughtthe pompous Simpkins bouncing along, and in a trice he had apprehendedJack.
"At last!" he cried in triumph. "Back you come to the jail."
"Stop, constable, I am a lawyer. I hold in this bag certain evidence ofMr. Jack Kingsley's innocence," exclaimed the lawyer, stepping forward."My client hands himself over to the authorities of his own free will.We will walk to the office quietly, if you please."
The lawyer's air of authority, and Jack's obvious elation, cooled theardour of the constable, and, seeing that recourse to harsh measuresmight lead him into trouble, he surlily agreed to accompany them to thestation. Once there, Jack was placed in the dock, for the justiceshappened to be sitting; and within an hour he was set at liberty, onbail. There is no need to describe how he was again put on his trial,and how, within two days of its commencement, he was acquitted, anddischarged, amid the cheers of the populace. Indeed, he was become ahero, for Steve's tongue had been wagging more than it had ever donebefore. The people of Hopeville knew now that the young smith was notonly entirely innocent, but that he was a lad after the real heart of anAmerican, and one of whom they ought to be proud. Moreover, he was rich.Yes, Jack was rich, and proved it; for when he set his face again forCalifornia he left James Orring and his wife comfortably housed in aplace of their own, with a goodly sum to keep them, and a man installedin the smithy to help with the work. His mother and other friends hadalso tasted of his generosity, while the constable and he had buried thehatchet, and were become fast friends.
Jack returned with Steve to the mine in California, and, when it wassold, went back to New York State. But he did not idle his time away. Heset up a number of smithies throughout the country, and managed themably. When he was not travelling between one and another, he devoted allhis time and energies to a special hobby. Recollecting his own strangeand anxious experience, Jack studied the records of all criminal caseswhere the evidence had been contradictory and there seemed a possibilitythat an innocent man had been convicted. Expert lawyers and detectivesadvised him, and though he was not often successful, yet it is pleasantto have to relate that, now and again, in the course of years, he wasable to bring relief to some poor fellow. Thus did he make good use ofthe gold he and Tom and the others had obtained in California. Hemarried in due course, and lived to a fine old age. To-day there is noname held in higher esteem or remembered more kindly than that of JackKingsley.
* * * * *
BY CAPTAIN F. S. BRERETON
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