The San Francisco call., 1906-07-08
CHAPTER xxxv.
The Trial.

the house a note from him was put
Vaughan" he wrote, "and have been
accepted as his counsel" For better
or for worse, the thing was done. She
could only await the consequences.
The trial had been set for the fol-
lowing Tuesday. All day Monday peo-
pie were pouring into town. They
came from Ruby Hill and Simpsons.
from Alpha and Palisade. from Lewis,
Galena and Battle Mountain. The no.
tells and the boarding houses would
not hold them all; they were housed
In barns and stampmills. for the wealth
er was bleak; they could not camp
out-of-doors. Mary Henley had been
prostrated by the news. Frank had
decided to remain with her. but when
VIII Dover and Minnie, now Wills
wife, had driven away and a squad
OF young miners had followed on horse
back. Mary dragged herself out of
bed. I'm going" she said to Frank,
''if it kills me-"
They reached Eureka late at night,
but the town was wide awake. Groups
of men and women were gathered on
the corners, talking in low tones Now,
a troop of horsemen galloped past, or
a buggy or a blackboard ratified down
the street. but there was no confusion,
no disorder. A detachment of militia
had been sent from Battle Mountain
in apprehension of Irregularities, but
thus far their services had not been
required.
Frank found a room for himself and
Mary in the house of friend and they
retired to 1t, but not to sleep. Hour
after hour they listened to the tramp,
tramp of passersby, the murmur of
voices, the clatter of horses hoofs.
x,t< y, a, ,l-l- a
breakfast which brought no appetite.
Frank declared his intention of going
to the Jail.
Mary would have gone with him. but
Frank was resolute. NO" he said.
You have a hard day before you Stay
where you are. and keep still. If you
can" For Mary, in her distress, moved
constantly to and fro.
He came back shortly. saying the
prisoner saw no one, by his own ex-
pressed desire.
when is the trial?' asked Mary
en- o'clock. They're going already,
and it's only half-past eight. The
courtroom won't begin to hold them
ALL"
Cant we Cow now?" she asked.
3 And wait two hours? They're never
on time. No, stay here, while ! see
what / can do about getting a place
where you can sit down."
He succeeded in obtaining a window
in house overlooking the corner on
which the courthouse stood. Here she
could see and hear as much as he cared
to have her see and hear, and would
not be jostled by the crowd.
They took their positions early, but
already the street below them was a
mass OF moving forms. Even to first
glance it was apparent that this was
no holiday crowd. There were greet
ings between friends, excited talk, but.
following question and answer a great
gloom settled down upon the vast COM
pany. In many this had become apathy.
They were blind and deaf to what went
on around them. They were dumb.
Others less profoundly moved, betrayed
extraordinary earnestness in gait and
gesture and by putting tremendous
clouds of smoke from pipes or big
cigars. OF these was a large red faced
man, who at last turned his restless
glance toward the window containing
the Henleys.
There's Judge Weaver" exclaimed
Mary. He's seen us. He's coming up"
They were sitting in small bedroom
opening out of the hall, in company
with half dozen others, men and
women. The Judge entered, out of
breath from climbing the stairs.
Warm morning. he explained,
mopping his face with a bright-bor-
dered handkerchief. mo? Amt 1t?
Well. I've been hurrying some"
Take this seat Judge" said Frank.
rising. yes. 1 insist. Here's another
for me. Why aren't you inside?"
The Judge glanced uneasily over his
shoulder at the other occupants of the
room before he answered. 81
couldnti"
There's Barker" he said, minute
later. by Jupiter this ought to sober
himl They say he amt slept a wink
since 1T happened. And there's Wins
low / should rather had Barker, If it
had been my case. Must be tough on
Barker to have to prosecute. It's bad
businessr The Judge blew his nose
loudly.
Below, in the street, man looked up
and took off his hat. 1t was Shed Well
man. He can't bring himself to go
In, either" said the Judge. II just spoke
with him. He chokes right up There
they come, now"
A murmur ran along the crowd under
the window. Stand backw called II
policeman. An avenue was made
Through it two men advanced, Nat
Kyle and the prisoner. Still in his sut
OF clerical black, tall and straight,
marched the man who was to be fried
for the murder OF his wife and child
There should have been, by all the laws
OF human nature, only feelings af f.or-
ror for him. Instead, there WAS great
pity. Here and there Il Mss chuid bs
heard, malediction. Edt these were
Immediately hushed. The immense crowd
which surged forward to the doors OF
the courthouse was leavened by those
whom this man had helped and com
forted and ministered unto, and they
believed In him. In spite of everything,
they believed in him. As he disappeared
within the huge doors which swung
open to receive him, the buzz of COM
ment began. He never done 1t! You
can't make me believe t he did,
Pr'aps he didn't really do 1t, but
they say he can will anybody to do as
he wants 'em to-"
Damn nonsense. What you talkin'
'bout?"
Winslow ain't no good why didn't
he send off to Carson City or some
where's for lawyer"
He didn't send for Winslow; Wins
low offered"
He don't need Winslow. He can git
up and plead LAS own case"
You bet he can! D. you hear him
when he spoke that night over Penrose
and Bob Gordon? Warn't he great?"
Bet yer life. D. you hear him at
y n ~ Law