I knew the man. He was a cattle shipper, somewhat involved in debt, but who managed to buy and sell and somehow keep his head above water.
"He told us the truth. Yesterday evening he had gone over on the Stone-Coal to look at Daniel Coopman's cattle. He had heard that some grazer from your county, Abner, was on the way up to buy the cattle for stockers. He wanted to get in ahead of your man, so he left home that evening and got to Coopman's place about sundown. He took a short cut on foot over the hill, and when he came out he saw a man on the opposite ridge where the road runs, ride away. The man seemed to have been sitting on his horse looking down into the little valley where Coopman's house stands. Bowers went down to the house, but Coopman was not there.
The door was open, and Bowers says the house looked as though Coopman had just gone out of it and might come back any moment. There was no one about, because Coopman's wife had gone on a visit to her daughter, over the mountains, and the old man was alone.
"Bowers thought Coopman was out showing the cattle to the man whom he had just seen ride off, so he went out to the pasture field to look for him. He could not find him and he could not find the cattle. He came back to the house to wait until Coopman should come in. He sat down on the porch. As he sat there he noticed that the porch had been scrubbed and was still wet. He looked at it and saw that it had been scrubbed only at one place before the door. This seemed to him a little peculiar, and he wondered why Coopman had scrubbed his porch only in one place. He got up and as he went toward the door he saw that the jamb of the door was splintered at a point about half-way up. He examined this splintered place and presently discovered that it was a bullet hole.
"This alarmed him, and he went out into the yard. There he saw a wagon track leading away from the house toward the road. In the weeds he found Coopman's watch. He picked it up and put it into his pocket. It was a big silver watch, with Coopman's name on it, and attached to it was a buckskin string. He followed the track to the gate, where it entered the road. He discovered then that the cattle had also pa.s.sed through this gate. It was now night. Bowers went back, got Coopman's saddle horse out of the stable, rode him home, and followed the track of the cattle this morning, but he saw no trace of the drove until we met him."
"What did Shifflet and Twiggs say to this story?" inquired Abner.
"They did not hear it," answered Ward; "Bowers did not talk before them.
He rode aside with us when we met him."
"Did Shifflet and Twiggs know Bowers?" said Abner.
"I don't know," replied Ward; "their talk was so foul when we stopped the drove that we had to tie their mouths up."
"Is that all?" said Abner.
Ward swore a great oath.
"No!" he said. "Do you think we would hang men on that? From what Bowers told us, we thought Shifflet and Twiggs had killed Daniel Coopman and driven off his cattle; but we wanted to be certain of it, so we set out to discover what they had done with Coopman's body after they had killed him and what they had done with the wagon. We followed the trail of the drove down to the Valley River. No wagon had crossed, but on the other side we found that a wagon and a drove of cattle had turned out of the road and gone along the basin of the river for about a mile through the woods. And there in a bend of the river we found where these devils had camped.
"There had been a great fire of logs very near to the river, but none of the ashes of this fire remained. From a circular s.p.a.ce some twelve feet in diameter the ashes had all been shoveled off, the marks of the shovel being distinct. In the center of the place where this fire had burned the ground had been sc.r.a.ped clean, but near the edges there were some traces of cinders and the ground was blackened. In the river at this point, just opposite the remains of the fire, was a natural washout or hole. We made a raft of logs, cut a pole with a fork on the end and dragged the river. We found most of the wagon iron, all showing the effect of fire. Then we fastened a tin bucket to a pole and fished the washout. We brought up cinders, b.u.t.tons, buckles and pieces of bone."
Ward paused.
"That settled it, and we came back here to swing the devils up."
My uncle had listened very carefully, and now he spoke.
"What did the man pay Twiggs and Shifflet?" said my uncle. "Did they tell you that when you stopped the drove?"
"Now that," answered Ward, "was another piece of d.a.m.ning evidence. When we searched the men we found a pocketbook on Shifflet with a hundred and fifteen dollars and some odd cents. It was Daniel Coopman's pocketbook, because there was an old tax receipt in it that had slipped down between the leather and the lining.
"We asked Shifflet where he got it, and he said that the fifteen dollars and the change was his own money and that the hundred had been paid to him by the man who had hired them to drive the cattle. He explained his possession of the pocketbook by saying that this man had the money in it, and when he went to pay them he said that they might just as well take it, too."
"Who was this man?" said Abner.
"They will not tell who he was."
"Why not?"
"Now, Abner," cried Ward, "why not, indeed! Because there never was any such man. The story is a lie out of the whole cloth. The proof is all dead against them."
"Well," replied my uncle, "what circ.u.mstantial evidence proves, depends a good deal on how you get started. It is a somewhat dangerous road to the truth, because all the sign-boards have a curious trick of pointing in the direction that you are going. Now a man will never realize this unless he turns around and starts back, then he will see, to his amazement, that the signboards have also turned. But as long as his face is set one certain way, it is of no use to talk to him, he won't listen to you; and if he sees you going the other way, he will call you a fool!"
"There is only one way in this case," said Ward.
"There are always two ways in every case," replied Abner, "that the suspected person is either guilty or innocent. You have started upon the theory that Shifflet and Twiggs are guilty. Now, suppose you had started the other way, what then?"
"Well," said Ward, "what then?"
"This, then," continued Abner. "You stop Shifflet and Twiggs on the road with Daniel Coopman's cattle, and they tell you that a man has hired them to drive this drove into Maryland. You believe that and start out to find the man. You find Bowers!"
Bowers went deadly white.
"For G.o.d's sake, Abner!" he said.
But my uncle was merciless and he drove in the conclusion.
"What then?"
There was no answer, but the faces of the men about my uncle turned toward the man whose trembling hands fingered the rope that he was preparing for another.
"But the things we found, Abner?" said Ward.
"What do they prove," continued my uncle, "now that the signboards are turned? That somebody killed Daniel Coopman and drove off his cattle, and afterward destroyed the body and the wagon in which it was hauled away. . . . But who did that? . . . The men who were driving Daniel Coopman's cattle, or the man who was riding Daniel Coopman's horse, and carrying Daniel Coopman's watch in his pocket?"
Ward's face was a study in expression.
"Ah!" cried Abner. "Remember that the signboards have turned about. And what do they point to if we read them on the way we are going now? The man who killed Coopman was afraid to be found with the cattle, so he hired Twiggs and Shifflet to drive them into Maryland for him and follows on another road."
"But his story, Abner?" said Ward.
"And what of it?" replied my uncle. "He is taken and he must explain how he comes by the horse that he rides, and the watch that he carries, and he must find the criminal. Well, he tells you a tale to fit the facts that you will find when you go back to look, and he gives you Shifflet and Twiggs to hang."
I never saw a man in more mortal terror than Jacob Bowers. He sat in his saddle like a man bewildered.
"My G.o.d!" he said, and again he repeated it, and again.
And he had cause for that terror on him. My uncle was stern and ruthless. The pendulum had swung the other way, and the lawless monster that Bowers had allied was now turning on himself. He saw it and his joints were unhinged with fear.
A voice crashed out of the ring of desperate men, uttering the changed opinion.
"By G.o.d!" it cried, "we've got the right man now!"
And one caught the rope out of Bowers' hand.
But my Uncle Abner rode in on them.
"Are you sure about that?" he said.
"Sure!" they echoed. "You have shown it yourself, Abner."
"No," replied my uncle, "I have not shown it. I have shown merely whither circ.u.mstantial evidence leads us when we go hotfoot after a theory. Bowers says that there was a man on the hill above Daniel Coopman's house, and this man will know that he did not kill Daniel Coopman and that his story is the truth."
They laughed in my uncle's face.