The evening world. [volume] (New York, N.Y.) 1887-1931, 1914-04-25

down smartly upon his knee-cap.
ouch! Tha'sh right! Can't no fresh
dude come into this country and IN,
suit OIL fr'en OF mine-or, oil fren.
The Judge was almost fearful.
THAT will do for the present. MI.
Spiser." Bob received q look when
lett him In no doubt as to Spisers
feeling toward him as that person
left the stand. THE prosecution mas
other witnesses. l presume?
"Wher'sh that saddle colored gent
what seen this?" The Judges eyes
roved over tho court room. and Juan
Ospino stood up with a noticeable ao-
sence of alacrity.
Bob was an unexpected factor In
the case, and sending Ben Evans to
the penitentiary did not seem 80 sim
pie as 1t had when his story was out
lined for him by Spiser.
lie knew the jury. which was or
Spiser's choosing. AMI the Judge were
palpable tools, but there were the
SPECTATORS to reckon with. and there
was something very disconcerting IN
the directness OF this suave young
man. Ospino was visibly agitated rs
he swore to tell the truth ana gave
the Court his name.
"It ees not much I haf to say" no
began in high and tremulous voice,
"Senor Spiser lose his cows. and ne
hire mo to watch Ben Evans. l have
not many days to walt. Then see
him run a cow into the arroyo. l tie
my horse and crawl up where l can
look. He hat the cow roped and
throwed. II hat the LIZ. brand. and
I stay till ! see him burn the brand
why didn't you stop him. os-
pino?"
The Mexican shrugged his shoulder.
~ am not prepare to die, senor.'
81 can believe that" Bob observed.
"And you are sure-very. very sure
that you. saw the Lax. brandt"
"Vcr', YER sure" replied tho Mexi-
can positively.
How far off were you. Ospino?
Instinctively tho Mexican's eyes
sought Spiser's and that person gave
him a warning look. =.
II t'ink one hundred yard. maybe"
did you ever work with survey
ing party?"
The casual question brought a
startled look into tho Mexican's eyes.
and again they sought tho rear OF the
room as though for advice. He STAN
mered finally:
II n-not remember"
THAT will dO"-the Mexican looked
his rclief-"but don't go. SIT there.
III need you again. Mr.. McCaffrey"
There was buzz OF surprise when
the spectators saw McCanreys red
head moving like n fambeau from the
back OF the room to the stand. Not
no much surprise because he was an
unexpected witness as because he an
swered to another name than Sour
Dough-"
"You know this witness. Ospino?"
Bob asked, after Mr.. Mccartney had
been sworn with much solemnity.
Better nor a brother" replied Mr.
McCarfrey. ''Bunked with him for
six weeks when we worked with the
snme survey outfit tother side OF
Rincon."
Why did he leave the surveying
; party?"
Canned" Mr.. McCanrey answered
briefly.
"Why2"
Because he ct prunes out'n the
dish with his fingers every time 'twere
passed, and he's near sighted. Can't
zee much furderer than the end of his
nose. The boss said he were nui-
sance."
That will do. Mr.. Mccanrey"
"Ospino?"
Tho Mexican stood up with a sickly
smile.
Your Honor?" Bob turned to the
Judge. His Honor had slipped into
dreamland. He was not only asleep
but n low gurgle proclaimed a com
, Ing snore.
Fritz Poth stepped forward and
looked into the pitcher. II wa,
empty, but there was not mistakine
! the lingering odor.