"Wheest, man," said Big Jack. "Don't ye know that's contempt of coort?

You can criticise ev'ry public official from the pound-keeper to the king, but your thoughts about the joodishary must be kept to yourself.

That's because this is a free country. All the same, Tim, I don't know that the contempt gets any less by bein' bottled up."

Tim removed his pipe preparatory to a more lengthy speech.

"Oi mind when Ould Dave Cottrell was up before the beak, which in them days was Noah Chapman, fer shootin' a dog o' Mrs. Mandle's. The dog had worried Ould Dave's sheep, and one day, d'ye moind, the ould fellow up an' shot him. Av coorse, the decision was against Dave, an' as he pays his fine he up an' says, 'That's what comes uv bein' tried by a relative uv the deceased,' says he.

"'Oi fine ye foive dollars for contimpt uv coort,' says ould Chapman, just loike the Czar sintencing a gineral to be shot, he says, 'an'

what's more, ye'll pay it afore ye go out.'

"Ould Dave looked at him a minute, and thin he pulled out tin dollars an' handed it to him, solemn as if he was gettin' married.

"'Kape the change,' says ould Dave."

There was a general laugh at this recountal of old Dave's wit, when one of the crowd mentioned that a "policeman-lookin'" fellow had got off the train and gone up to Gardiner's.

"That'll be another come out to round up young Burton," said Big Jack.

"It's a pity they wouldn't send the whole force an' be done with it."

"There'll be no need of any more," said another. "Burton will come round quiet enough this time. That fellow yesterday just rubbed on a raw spot on his nerves, and he got what was comin' to him."

It proved to be as the last speaker had predicted. Upon the failure of Elton to land his man it dawned upon those in authority that it might be as well to send someone a little more familiar with the game, and Officer Macdonald was placed on the case. Upon his arrival at the store he had a long talk with Gardiner, and finally Burton was called into the private office. He recounted briefly the facts of the case as far as he knew them.

"The situation is most unfortunate, Burton," said Macdonald. "It is not for me to judge you, nor even to imply that you have guilty knowledge of this matter. However, as you understand, I am sent here to unravel this case if possible, and I must act on the evidence at hand. Further evidence may develop at a later date and entirely change the aspect of the affair, but at present I must act upon the information available, and I feel that that information demands that a warrant for your arrest be issued and you placed in custody."

"The warrant is unnecessary," said Burton, "except as a matter of formality. I am ready to go with you."

"Hang it, Gardiner, I hate to do this thing," said Macdonald. "I've been hunting criminals for twenty years, and my judgment fails me if we have the right one this time."

"It is certainly very baffling," Gardiner replied. "As I have told him different times, I am convinced that Burton is innocent, but, as you say, the evidence just now points rather strongly against him. It is a difficult situation all round."

"Burton," said the officer, "there is no use of you and me walking down the street together. People in these little towns are so fond of a scene, and I like to disappoint them. Mr. Sempter, I believe, is a magistrate; you might go down to his office and await me there. I will be responsible for you until after your preliminary trial, and then no doubt you can arrange bail."

"I will be pleased to go bail for you," interrupted Gardiner. "Telephone me when you reach that stage and I will fix it up for Mr. Sempter."

The consideration, and the contrast in treatment, brought the tears to the boy's eyes. "It is very good of you-both of you," he stammered. "I only hope that in the end you may know your confidence was not misplaced."

The preliminary hearing before a magistrate was held the following day, and the little courtroom was crowded to the doors. No new evidence, at first, was adduced. Gardiner told about leaving the package in the safe, and finding it gone on Monday morning. The finding of Burton's keys in the lock of the cash drawer seemed the most damaging evidence offered by the prosecution. No witnesses were called for the defence, but Burton on his own behalf explained that he had gone to the cash drawer late Sunday night for stamps to mail some letters, and knew nothing more of the matter. The magistrate was about concluding that there was not sufficient evidence to warrant holding the accused, when a new and rather unwilling witness was introduced. It was Billy Haynes, hardware clerk.

"What do you know of this case, Mr. Haynes?" asked the magistrate.

"Nothing," answered the young man.

"Nothing!" exclaimed the magistrate. "Then why are you here?"

"Indeed, and it's not my wish that brings me here, sir, and I really know nothing about the case, but I was foolish enough to say down town that Burton had bought a revolver from me Monday morning. He said he thought he would shoot gophers with it."

"What have you to say about this?" said Mr. Sempter, addressing Burton.

"The purchase of a revolver is not in itself an offence, but, in conjunction with the evidence we already have, it does not improve the appearance of your case. Can you state any logical reason why you should go to a hardware store the first thing Monday morning-the first thing after this robbery appears to have been committed-and buy a revolver?"

"I fear my reason will hardly seem logical," said Burton, "but after I left the store Sunday night a bottle flew by my head and smashed against the wall. I tried to find my a.s.sailant, but it was very dark, and I could see no one. I felt that I was likely to be the object of attack from unknown sources, and I made up my mind to buy a revolver."

The magistrate looked the young man over for a full minute. "I am sorry for your sake that this last evidence came in," he said at length. "Of course, your explanation of the purchase of the revolver may be quite correct, but it is a little hard to believe that a young man like you, who appears to be quite popular in the town"-there was a murmur of approval and a nodding of heads among the young men in the crowd-"I say it is a little hard to believe that anyone is lying in wait for you with murderous intent. In view of this new development and the mystery of the whole matter, I feel that I must let this case go before a judge. You will be required to appear at the fall a.s.sizes to answer to the charge of stealing a package said to contain two thousand dollars from the safe of Alfred Gardiner. You should have little difficulty in obtaining bail, and I will be glad to give you what a.s.sistance I can in that connection."

Burton heard the words as though he were already under sentence, but he recognised the spirit of fairness that prompted Mr. Sempter, and he could only say, "Thank you, sir."

Gardiner had pressed up to the magistrate's desk. "Let me go bail," he said. "I will answer for Burton's appearance at the proper time."

"It can no doubt be arranged," answered Mr. Sempter. "In fact, I am so confident that your bail will be accepted that I will take it upon myself to place the young man at liberty at once, on his parole to appear again when required. You promise that, Burton?"

"I do," the lad answered, and was immediately released from custody.

The first who spoke to him as he was about to leave the building was Billy Haynes, the hardware clerk.

"Gee, Burt, old man, I'm sorry I got you into that mess. That's what comes of blatting things in a two-by-four burg like this. If I'd kept my trap shut this whole thing would have fallen through. Old man Sempter was just ready to turn you loose with a clean sheet. Of course you know I don't believe a word of it-that is, that you had anything to do with this affair. Whoever threw that beer bottle knows more about it than any of us. You ain't sore at me, Burt, are you?"

"No, I'm not sore. On the whole, it seems better that the matter should go before a judge and be settled for ever. If Mr. Sempter had turned me loose, as you say, the robbery would have remained as much a mystery as before, and some people would always have thought me guilty. I can't see how it is to be accomplished, but I hope and trust that the real facts will come to light before fall."

"Sure they will," said Billy. "Everybody believes in you. Look at Gardiner there, stepping right up to go your bail. There's a score of others would do the same, but it was mighty white of him." In fact, Gardiner's magnanimity was the princ.i.p.al topic of discussion by the crowd which now stood in groups about the courtroom floor.

At the door Burton was met by Harry Grant, who shook his arm as though he intended to acquire that member.

"Easy, Harry," Raymond cried. "Goodness, spare the arm. They may give me hard labour, and then I'll need it. One would think I had just been acquitted, instead of sent down for trial."

"So you are acquitted-acquitted with honour," exclaimed his friend.

"When a magistrate accepts parole on his own responsibility, and the aggrieved party offers bail for the accused, a man's innocence is as good as established. But say, Burton, why didn't you tell about that bottle incident before? That's the only clue to the whole affair. The finding of the keys was nothing. I know about the letters and I know some one who would have got up in court and sworn to your errand, if you had given her a chance. Why didn't you?"

"Harry, your cousin's name must not be connected with this affair. It is good of you-and her-to suggest it, but she really must have nothing to do with it."

"When you know my cousin better you'll handle that word 'must' with more care, young man. She's not one of those girls who can be 'musted' into silence when a friend's reputation is at stake. Before the trial comes off she'll cut a big figure in this case, or I'm not Harry Grant. By the way, when are you coming out to see us again?"

"Not until this thing is cleared up, and I am either proved innocent or-pshaw, can't you see that it is out of the question at present?"

"No, I can't, and if you don't come willingly I'll bring in one of the plough teams and 'snake' you out," laughed Harry, as they parted at the corner. "So long. I'll see you at the store one of these days."

Burton went back to his work in the store with a heart lighter than he could have thought possible. He was under the shadow of a crime, but in the hour of adversity he was beginning to discover the worth of a few true friends. Gardiner's action in guaranteeing his bail had gone far toward removing the sting of the suspicion with which he felt his employer had regarded him the morning after the robbery. Harry Grant's old time friendliness seemed intensified by the circ.u.mstances, and Billy Haynes' sincere regret for his share in the affair also helped to lighten the load. But most of all, and most significant of all, was the fact that Miss Vane was prepared to stand by him; nay, that she would _insist_ on standing by him, even to the length of testifying, if necessary, in his defence. A great pride filled his heart as he thought of it, and with the pride came the determination that come what would he would fight the fight through to a finish. He was convinced that there was not sufficient evidence to convict him, but he would be satisfied with no negative results. He must be exonerated; his reputation must emerge without a stain. And then, perhaps-

That night on his way to supper he pa.s.sed Riles, who came reeling out of a bar-room, and the leer on the farmer's face was not a good thing to see. "And so, young meddler," he hissed, "you are buying revolvers now, but I guess you'll soon be where you won't meddle in decent folks'

affairs again for awhile, eh?"

CHAPTER VII-ONLY A BARNARDO BOY

"They'll abuse him as a youngster, they will mock him as a man, They'll make his life a th.o.r.n.y path in every way they can, Till he curses his existence and the day that it began, And he wishes he was rotting in the sod."

_The Empire Builders._