Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-19
CHAPTER xxxv.
THE,
Fvvvv W
The Trial.


house note from him was put into Kath-
arine's hands, II have seen Vaughan" he
wrote, land have been accepted as his
counsel" For better or for worse the thing
was done. She could only await the con-
sequences.
The trial had been set for the following
Tuesday All day Monday people were
pouring into town. They came from Ruby
Hill and Simpsons. from Alpha and Pail
SADIE from Lewis. Galena and Battle Noun
tain. The hotels and boarding houses would
not hold them ALL they were housed in
barns and stamp mills, for the weather was
bleak; they could not camp out of doors
Mary Henley had been Frustrated by the
news. Frank had decided to remain with
her. but when Will Dover and Minnie, now
WINS 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 1t 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 together in
low tones. Now, a troop of horsemen gal
Hoped past, or "a buggy or blackboard rat
tied down the street, but there was no con-
fusion, no disorder. detachment of militia
had been sent from Battle Mountain in APP
prehenslon of Irregularities, but thus far
their services had not been required.
Frank found a room for himself and
Mary in the house of a friend and they re-
tired to it. but not to sleep. Hour after
hour they listened to the tramp, tramp of
passersby, the murmur .of voices, the clat-
ter of horses hoofs. After night which
gave no rest and 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, II you can For
Mary in her distress moved constantly to
and fro.
He came back shortly, saying the pris-
oner saw no one, by his own expressed
desire.
when is the trial?" asked Mary.
Ten o'clock. They're going already, and
It's only half-past 8. The court room won't
begin to hold them all"
Cant we go now?" she asked.
And wait two hours2 They're never on
time No, stay here, while I see what
l can do about getting place where you
can sit down"
He succeeded in obtaining a window in a
house overlooking the corner on which the
court house stood. Here she could see and
hear as much as ne cared to have her see
and hear, and would not be jostled by the
crowd.
They took their position early, but already
the street below them was a mass of NOV
ing forms. Even to a first glance It was
apparent that this was no holiday crowd.
There were greetings between friends, eX-
cited talk, but, following question and
swer, great gloom settled down upon he
vast company. 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 ex-
traordinary 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 contain
Ing the Henleys.
There's Judge Weaver" exclaimed
Mary. He's seen us. He's coming up
They We're sitting in small bed room op-
ening out of the hall, in company with half
a dozen others, men and women. The
judge entered, out Of breath from climbing
the stairs. Warm morning. he explained,
hopping his face with a bright-bordered
handkerchief. mo? Amt 1t? Well, I've
been hurrying some"
Take this seat, Judge" said Frank, rising.
Yes, l 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 'I-couldn'ti"
There's Barker" he said a minute later
by Jupiter, this ought to sober himl They
say he amt slept a wink since 1t happened.
And there's Winslow. l should rather had
Barker, If it had been my case Must be
tough on Barker to have to prosecute. It's
bad BUSINESS The judge blew his nose
loudly.
Below, in the street. man looked up and
took OFF his hat. 1t was Shed Wellman.
'IIe can't bring himself to go In, either"
said the Judge II just spoke with him.
He can't talk He chokes right up. There
they come. nowl''
A murmur ran along the crowd under
the window. stand back.' called po-
llceman. An avenue was made Through
II two men advanced Mat Kyle and the
prisoner. Still IN his suit OF clerical black,
tall and straight, marched the man who
was TO be tried for the murder of his wife
and child. There should have been, by all
the laws of human nature. only feelings OF
horror for him. Instead, there was a great
pity Here and there hiss could be heard,
a maledlction. But these were Immediately
hushed. The immense crowd which surged
forward to the doors of the court house was
leavened by those whom this man had
helped and comforted and ministered unto
and they believed in him. In spite OF
everything, they believed In him. AS eds
appeared within the huge doors which
swung open to receive him the buzz of
comment began. He never done it! 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
EN- to-"
p nonsensel What you talkin'
about?"
''winslow amt no good; why didn't he
send off to Carson City or somewhere for a
HE didn't send for winslow; Winslow
offered"
He don't need winslow. He can git
up and plead his own case"
You bet he can! D. you hear him when
| he spoke that night over Penrose and Bob
| Gordon? Warnt he great?"
Bet yer llfei d you hear him at Charley
| Davenports funeral?'
| We'll now ye're shoutinr'
! goin' on inside"
| Every now and then a man leaned forward
Eyes we could. They'll pass 1t along"
| The restless sea became fixed and stin.
Couldn't, anyway"
Hush up there; wo can't hear what 8
/ from the open window and told man on
| the steps what was happening within, and
| the man on the steps repeated II to the
| crowd In the street.
| Nothing much had happened yet. Remi-
! niscence and anecdote revived again.
cd you hear how he knocked out Poole
/ that timer