The Cave of Gold<br />A Tale of California in '49 by Everett McNeil (summer books txt) 📖

then, at a muttered objurgation from his companion, he bent and hastily pressed his lips against the cover of the holy book.

"What is your name and business?" In this rude and informal court the alcalde not only acted as judge, but also examined all witnesses.

"William Ugger, Bill Ugger, for short," answered the man, his eyes shifting restlessly from face to face as he spoke. "Me an' my pard are bound for th' diggin's."

"Now, remembering that you have sworn to speak nothing but the truth and that your lips have just kissed the holiest of books, you may tell the jury and the people here assembled what you know of this alleged murder of the miner, John Stackpole. Be as brief as possible, please," and the alcalde's eyes, as well as the eyes of every man gathered there, fastened themselves on the face of Bill Ugger.

"Wal," and the shifting eyes fixed themselves for a few brief moments on the ground in front of the big feet, "it happened like this. Me an' my pard, Spike, thar," and he nodded toward his companion, "was on our way from San Francisco tew Sacramento City an' th' diggin's a-hossback. Somehow we happened tew git off th' reg'lar trail, me an' Spike did; an' 'long 'bout noon, three days ago, we comed tew a leetle valley, with a leetle stream of water a-runnin' through it, an' a string of trees an' brush a-growin' 'longside th' water. Both on us bein' tired, we'd ben a-goin' since sun-up, we found a nice shady spot 'longside th' water, an', tyin' our hosses tew th' trees, both on us laid down for a short snooze. Course I don't know how long we'd ben a-snoozin', but, I reckon, 'twas 'bout a couple of hours, when we was both jerked out of a sound sleep by a yell of agony that sounded as if it comed from a man what had ben struck a mortal blow. Nat'rally that yell startled me an' Spike sum, bein' that we both had been sound asleep; an', maybe, for a minute we sot a-lookin' intew each other's eyes, doin' nuthin'. Then Spike says: 'Sounded human, Bill. Like sumone had got his,' an' I seed that he was a-shiverin'; for 'tain't none pleasant tew be waked out of a sound sleep by th' death-cry of a human. 'An' it sounded as if it comed from right ayond that leetle clump of bushes,' an' he pointed a shakin' finger toward a leetle clump of bushes, 'bout a rod away, that shut out our view of th' valley. 'I reckon we'd better investergate,' an' we both began a-crawlin' toward that clump of bushes, not havin' heard no more sounds.

"Wal," and the shifty eyes shot swift glances from the face of the alcalde to the faces of the jury and the surrounding crowd, to note the effect of his words, "when we got tew them bushes an' looked through 'em—" He paused and laid a hand solemnly on the Bible lying on top of the barrel in front of the alcalde—"so help me God! this is what we saw. Th' valley in front of th' bushes was level an' open, so that we could see clear 'cross it; an', 'bout twenty rods from whar we was, we saw a man strugglin' violently on th' ground with two other men atop of him, while three hosses stood a leetle ways off a lookin' at 'em; an', even as we looked, we saw one of th' men flash a knife above his head an' plunge it down, an' th' man on th' ground stopped strugglin'.

"This was a leetle more'n Spike an' I was a-willin' tew stand for, an' we both jumps up out of th' bushes, an', drawin' our pistols, we had no rifles, we yells an' starts for them two men. Both on 'em jumps tew their feet, an' grabs up their rifles, an', afore you could say Jack, they had th' both on us covered, we not bein' near enough tew use our pistols. But we was close enough tew see 'em plain; an', afore God!—" The man stopped abruptly and, whirling suddenly about, pointed a finger dramatically directly into the face of Thure—"it was that young villain a-standin' thar what had his gun a-pointin' straight at me!"

Thure, in utter astonishment, took a quick step backward; and then, suddenly realizing what that pointing finger meant, backed by those startling words, he lost all control of himself for the moment and leaped straight toward Bill Ugger.

"It's a lie! A lie!" he yelled, as with all his young strength he struggled furiously with the great bulk of his antagonist. But, before either could do the other any harm, the strong hands of the sheriff seized Thure by the shoulders.

"Here, you young catamount!" and he jerked Thure violently backward, and lifted the butt of his heavy revolver threateningly, while his face hardened. "Quit it, or—" and the heavy butt descended lightly on Thure's head by way of warning.

"But he lied! Every word that he uttered was a lie!" and tears of rage gathered in Thure's eyes.

"Young man," the alcalde was now standing on his feet, all the sympathy gone from his face, "you will give me your word of honor not in any way again to do violence to the decorum of this court during this trial, or I shall order the sheriff to bind you hand and foot. Do I have your promise?" and he fixed his eyes sternly on the white face of Thure.

For a moment Thure stood silent. Then his young face hardened and his lips tightened into two thin straight lines. Reason again had firm hold of the helm.

"I promise," he answered quietly; "and I ask the court's pardon for my violent action. But the damnable lies told by that—"

"That will do," interrupted the alcalde. "Sheriff, if either of the prisoners forgets himself or our presence again, bind him hand and foot. Now," and he turned to Bill Ugger, who, as soon as Thure had been torn from him, had again returned quietly to his place before the official barrel, his red face flushed and his little eyes shining with triumph, "you may go on with your testimony, William Ugger. You were saying that you recognized one of the prisoners as one of the murderers and that he had you covered with his rifle. Remembering your oath and comprehending fully what your dreadful accusation means to a fellow human being, you still swear that the man who sprang up from the prostrate body and leveled his rifle at you was this prisoner?" and the alcalde's lifted hand indicated Thure.

The interest of the crowd surrounding the court had by this time become intense. Men were breathing heavily and their faces had hardened and an ugly look had come into their eyes. All now stretched their heads forward, as they listened almost breathlessly for the reply of Bill Ugger.

"I do," answered the man grimly. "I saw his face plain, a-lookin' at me above th' top of his rifle."

A deep growl went up from the surrounding crowd, a sound more like the throat mutterings of a monstrous tiger than anything human. The sheriff started and his keen eyes swiftly searched the circle of faces.

"I reckon thar ain't no need of waitin' for more testimony," cried a hoarse voice. "They was seen killin' th' man; an' that's all we wants tew know. Let jedgement be pronounced, an' we'll 'tend tew th' ex'cutin' of it."

"Right!" yelled another. "There's no need of wasting more—"

"Silence!" thundered the alcalde, leaping to his feet. "This court, a court elected by your own authority, is trying the prisoners; and, by the Eternal Andrew Jackson! they shall not be declared guilty until they have been heard in their own defense, until they have been proven guilty in full accordance with the laws of this city. William Ugger, you may go on with your testimony. There will be no further interruptions," and the alcalde quietly laid a couple of big revolvers down on top of the barrel, one on each side of the Bible.

At this moment and when all eyes were bent on the alcalde, Thure felt a slight jerk on his coat sleeve, and, glancing down, saw that the smaller of their accusers, the pock-marked man, had moved up close to his side and that it had been his hand that had jerked his sleeve.

"Read at once," and the man swiftly slipped a piece of paper into his hand. "It is your only hope," and he moved away, not having once even glanced toward Thure.

Thure, stepping a little behind Bud and holding the paper so that no eyes but his own could see it, cautiously opened the note and slowly read these words: