Los Angeles herald., 1906-05-13

volver and bandana was instantaneous and unan
imous. The Muligan was rudey awakened and
promptly sobered by having the contents of a
pail OF water dashed upon his head. As the sit
uation was explained TO him, his wrath gathered
and II was only by much persuasion that he was
induced to forego summary vengeance The return
of his belongings especially the clay pipe, which
he fondled lovingly, had much to do with his
pacification. That the thief would be punished
ne had no doubt and it was at his suggestion
that Cayote decided to give the Indian a trial,
which ordinarily a superhuity. But it would
while away some dull hours and at the same time
give Forshaw opportunity to display his tai
ents
Forshaw cheerfully accepted the defense, but
by the time he-with the assistance Of diction-
ary of the Chinook argon and Elephant Kennys
services as interpreter-had gathered the facts in
the case he was out Of patience, but Forshaw gath
cred enough to learn that the prisoners guilt was
manifest.
And here came the strange part Of the tale.
The--to Forshaw-petty offense Of picking a
pocket was considered a high crime while the
grave attempt to shoot the Lazy X man was re-
garded as joke. After short interview with
the cow-puncher Forshaw had a glimmering Of
light on Cayote practices and customs.
"That don't count" laboriously explained the
cow-puncher in regard to the shooting. "You
see he shot at me first, an ef I'd "a wanted to
could "a killed him then, but l didn't, an so
don't count"
Eyes, that's it," assented Poker Jack. ITS
like this, you While the game was goin', Dick
here had good square show for his money, which
he don't take. But now when the game shuts
up he can't come back an call for a fresh deal
That amt sense He's got to wait till the game
opens up again, which, seein' we've got that
Siwash where the hair is short amt likely"
That afternoon Forshaw came to the Nugget
saloon loaded down with books, law books. He
was primed for the occasion. The preliminary
examination" as he persisted in calling it. would
bring him prominently before Cayote, and at the
January term of court he would astonish all
Lake county with his brilliant peadings. He
had rehcarsed touching appeal for the exami-
nation, just to show Cayote what he could do.
The court was not one of excessive dignity. In
the 'lookout's" chair behind the faro table sat
the judge-Whspering Johnson-with quid of
tobacco in his mouth and tdmbler of whisky
in his hand; beneath him a jury of ten leaned
azily back in their chairs; few feet to the left
sat the prisoner, tied to chair with a grass
lasso.
The trial was not more interesting than other
trials. There no badgering of witnesses, no
brilliant repartee but one clash between opposing
counsel-the Judge acting as prosecuting attor-
ney Forshaw, anxious to display his acuteness,
objected to one of the prosecutions questions and
met with sharp rebuff.
"'Object, do ye? Well, dunnos that'l do any
HARM said the judge, and the obnoxious query
was repeated.
I'll take exception, your honor"
Cert" said the judge, affably, pleased by the
title Forshaw had bestowed upon him. '"Take one
with me, Yank"-to the barkeeper-"two whis-
kies."
Forshaw attempted to explain He did not re-
fer, he said, to drinks; he took exception to the
courts ruling. The question put to the witness
was not proper, and
''Dry up said the judge, briefly. This yere's
my deal"
The question put and answered, and the
trial moved smoothly thereafter. When the tes-
timony had all been given Forshaw and ad-