"Did it disappear?"

"Sh.o.r.e it did. Wasn't a thing left."

"Did it look like a man's body, then?"

"No, it just looked like a pile o' ashes."

"Bore no trace or resemblance to a man, then?"

"None whatever."

"You wouldn't have taken it for a body, then?"

"Nope. Course not."

"Was any part of a body left?"

"Nary thing."

"Any boot, hat, or bit of clothing?"

"Not a single thing, fur's I c'd see."

"That's all," said Franklin.

"Re-direct, Mr. Prosecutor?" said the Court. This was Greek to the audience, but they were enjoying the entertainment.

"Pa.s.s the re-direct," said the State's attorney confidently.

"Do you wish to recall this witness, Mr. Franklin?" asked the Court.

"Yes, if your Honour please. I want to take up some facts in the earlier life of the prisoner, as bearing upon his present mental condition."

"Very well," said the judge, yawning. "You may wait a while, Mr.

Haskins."

"Well, then, Curly," said Franklin, again addressing himself to his witness, "please tell us how long you have known this prisoner."

"Ever since we was kids together. He used to be a _mozo_ on my pap's ranch, over in San Saba County."

"Did you ever know him to receive any injury, any blow about the head?"

"Well, onct ole Hank Swartzman swatted him over the head with a swingletree. Sort o' laid him out, some."

"'Bject!" cried the State's attorney, but the judge yawned "M' go on."

"Did he act strangely after receiving that blow?"

"Why, yes; I reckon you would yerself. He hit him a good lick. It was fer ridin' Hank's favourite mare, an' from that time to now Juan ain't never been on horseback since. That shows he's _loco_. Any man what walks is _loco_. Part o' the time, Juan, he's _bronco_, but all the time he's _loco_."

"He has spells of violence?"

"Sh.o.r.e. You know that. You seen how he fit that Injun--"

"Oh, keep him to the line," protested the prosecutor.

"We won't take up that just now, Curly," said Franklin.

"Well, this here sh.o.r.ely is the funniest layout I ever did see," said Curly, somewhat injured. "A feller can't say a d----d thing but only jest what you all want him to say. Now, say--"

"Yes, but--" began Franklin, fearing that he might meet trouble with this witness even as the prosecutor had, and seeing the latter smiling behind his hand in recognition of this fact.

"Now, say," insisted Curly, "if you want something they ain't none o'

you said a word about yet, I'll tell you something. You see, Juan, he had a sister, and this here Cal Greathouse, he--"

"I object, yo' Honah! I object!" cried the State's attorney, springing to his feet. "This is bringin' the dignity o' the law into ridicule, sah! into ridicule! I object!"

"Er, ah-h-h!" yawned the judge, suddenly sitting up, "'Journ court, Mr.

Clerk! We will set to-morrow mornin' at the same place, at nine o'clock.--Mr. Sheriff, take charge of the prisoner.--Where is the sheriff, Mr. Clerk?"

"Please the Court," said the prosecuting attorney, "Sheriff Watson is not here to-day. He is lyin' sick out to his ranch. He was injured, yo' Honah, in arrestin' Ike Anderson, and he has not yet recovered."

"Well, who is in charge of this prisoner?" said the Court. "There ought to be some one to take care of him."

"I reckon I am, Judge," said Curly. "He is sort o' stayin' with me while Bill's under the weather."

"Well, take him in charge, some one, and have him here in the morning."

"All right, judge," said Curly quietly, "I'll take care of him."

He beckoned to Juan, and the giant rose and followed after him, still smiling and pleased at what to him also was a novel show.

It was three o'clock of the afternoon. The thirst of a district Judge had adjourned the district court. Franklin's heart sank. He dreaded the night. The real court, as he admitted to himself, would continue its session that night at the Cottage bar, and perhaps it might not adjourn until a verdict had been rendered.

CHAPTER XXIX

THE VERDICT

There came over the town of Ellisville that night an ominous quiet.

But few men appeared on the streets. n.o.body talked, or if any one did there was one subject to which no reference was made. A hush had fallen upon all. The sky, dotted with a million blazing stars, looked icy and apart. A glory of moonlight flooded the streets, yet never was moon more cold.

Franklin finished his dinner and sat down alone for a time in the great barren office of the depot hotel where he made his home. The excitement of the trial, suspended at its height, was now followed by reaction, a despondency which it was hard to shake off. Was this, then, the land of his choice? he thought. And what, then, was this human nature of which men sung and wrote? He shook himself together with difficulty.

He went to his room and buckled on his revolver, smiling grimly as he did so at the thought of how intimately all law is related to violence, and how relative to its environment is all law. He went to Battersleigh's room and knocked, entering at the loud invitation of that friend.

"Shure, Ned, me boy," said Battersleigh, "ye've yer side arms on this evenin'. Ye give up the profission of arms with reluctance. Tell me, Ned, what's the campaign fer the evenin'?"