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

"Shut up! Stand back!" and he pushed the boys away. "See here," and he swung around in front of the alcalde, "you know me; an' you know I'd never try tew save th' neck of no criminal. But I know them boys, know their dads an' mas; an' I know they never committed no murder. Who seen 'em dew it? Whar are th' witnesses?" and his eyes glared around the circle of tense faces.

"There they stand, Ham," and the alcalde pointed to the three witnesses, who at the sudden appearance of Hammer Jones, the big friend of the two boys, had involuntarily come together, as if for mutual defense; "and each one of the three swore positively that he saw the boys kill the man."

"Huh!" and, almost in a stride, Hammer Jones stood directly in front of Bill Ugger; and, the instant his eyes looked closely into the face of the man, his own face went white with wrath.

"Hello, Greaser Smith!" and the great hand fell on the shrinking shoulder and gripped the coat collar tightly. "So you're one of th' skunks that's a-tryin' tew git them tew boys hanged, be you? Rekerlect that time down in Sante Fé, when you was a-goin' tew skin a nigger alive, an' wanted tew kill tew boys for interferin'? Still up tew yur boyish tricks, I see. Wal, I've still got th' same big foot that kicked you intew th' mudpuddle; an' th' same big fist that smashed that nose of yourn when you was a-tryin' tew kiss a Mexican gal against her will. An' now you're a-tryin' tew have tew innocent boys hanged for a murder that you probably did yurself," and Ham's eyes flamed. "You cowardly skunk!" and, suddenly letting go of the coat collar, he took a quick step backward, and swung up his great fist with all the strength of his powerful right arm, striking the man squarely under the chin. The force of the blow lifted Ugger, alias Greaser Smith, off his feet and hurled him to the ground as senseless as a log.

"Now, we'll have a look at th' other witnesses," and Ham turned to the cringing Quinley.

"Never seed you afore," he declared, as he looked into the pock-marked face of the trembling man, whose terrified eyes were fixed on the huge fist that had so summarily dealt with his big partner. "Wal, you are a likely lookin' cuss tew be th' side partner of Greaser Smith. I reckon you tew pull tewgether like tew mules. I'll have sumthin' special tew say tew you 'bout this case, when I see who t'other witness is," and he turned to the man with the broken arm, who had been looking excitedly around, as if he were searching for an opening in the crowd through which to escape and who now stood with his back toward Hammer Jones.

"Here, you," and Ham caught him by the shoulder and whirled him around, "jest give me a sight of yur mug—wal, I'll be durned, if 'tain't Skoonly!" and Ham's eyes widened with surprise and the angry glint in them deepened, while the man under the grip of his big hand shook as if he had an ague fit. "Here's matter for the alcalde. Come," and he started toward the alcalde, dragging the man along with him.

So sudden had been Ham's appearance and so swift and unexpected were his actions, that, at first, the great surrounding crowd had stood and stared at him in astonishment, making no move; but, by now, they were beginning to wake up to the fact that here was a man evidently bent on defeating the ends of justice; and an angry growl, the growl of a mob, a sound once heard that is never forgotten, rolled out from its midst. But there were many men in that crowd who knew Hammer Jones, who had hunted and trapped and fought Indians with him, who had seen him risk his life fearlessly to save a comrade's life, and who never yet had known him to do a dishonorable deed; and these men knew, that, if Hammer Jones said that the prisoners were innocent, he had good reasons for saying it, and they were ready to see that he had a chance to prove his statement; and cries of: "Hurrah for Ham Jones!" "Give him a chance to prove what he says!" "Hear! Hear! Hear! Ham Jones!" "He shall be heard!" mingled with yells of: "String him up along with the boys!" "Bust his head!" "He's trying to rescue the murderers!" and like cries of rage at this unexpected interference.

But, before these two opposing forces could come to a clash, a tall spare man, whose deep-set eyes, keen and piercing as a hawk's, shone out of a weather-bronzed face, pushed himself hurriedly through the crowd that was beginning to seethe around the open court-room beneath the great evergreen oak, and hastened to the side of the alcalde.

"What is the trouble?" he demanded in a quiet authoritative tone of voice.

The alcalde welcomed him with a glad smile of recognition; and, as briefly as possible, told him what had occurred.

The man turned quickly and the keen eyes glanced, with a violent start of recognition, for a moment into the faces of the two boys.

"My God, alcalde!" and he whirled about in front of the surprised alcalde, "you were about to make a terrible mistake! I know these boys well; and I know they never murdered a man.

"Men! Men! Hear me!" and he leaped lightly up on top of the barrel that stood in front of the alcalde, his singularly clear and penetrating voice reaching every ear in the crowd. "Men! Men! Hear me! A terrible mistake has—"

"It's Fremont!" shouted someone. "Hurrah for Colonel Fremont! The man who licked the Mexicans! The man who won California for us! Hurrah for Colonel Fremont!"

The name acted like magic in quieting the fast-growing turbulence of the crowd. There was not a man present who had not heard of the dauntless young explorer, the bold soldier, the recent conqueror of California, to whom more than to any other one man they owed the fact that the gold-diggings were in the territory of the United States; and all wished to see this remarkable man, all were ready to hear what he had to say. As suddenly as it had begun, the violence of the crowd ceased and all eyes were turned toward Fremont.

"Go ahead, Colonel!" shouted a rough voice. "Thar's enough of y'ur old men here tew see that you git a fair hearin'."

"Thank you, gentlemen," and Fremont bowed. "The alcalde tells me," he continued, after a moment's pause, "that you have tried those two boys," and he pointed to Thure and Bud, "for murder, have found them guilty, and were about to hang them. I know these two young men, your prisoners, well. I know their fathers, their brothers, have known them for years; and so sure am I that you have made a terrible mistake, that I am ready, personally, to stand accountable for them until their innocence has been proven to your complete satisfaction."

"But, three men swore that they saw the prisoners kill the man, Colonel!" called someone from the crowd. "This has been no mob trial; but a regular court trial by jury; and the jury found them guilty, unanimous."

"Where are those witnesses? Let us have a look at them?" demanded Fremont.

"Here's one on 'em, Colonel," and the huge frame of Hammer Jones loomed up in front of Fremont, with the trembling Skoonly still in the grip of his right hand. "I swun, but I am glad tew see you right now," and quickly shifting Skoonly to his left hand, he extended his right to Fremont.

"Ham, Hammer Jones!" and Fremont gripped the extended hand with glad cordiality. "It's like old times to see your face again. But this is no time for idle talk," and his fine face hardened. "So that is one of the witnesses against Thure and Bud," and his piercing eyes looked searchingly into the face of Skoonly. "What did he swear to?" and Fremont turned quickly to the alcalde.

"He swore," answered the alcalde, "that he saw the prisoners kill the man three days ago in the Sacramento Valley—"

"Three days ago!" snorted Ham wrathfully. "He saw th' prisoners kill a man three days ago in th' Sacermento Valley! Not unless he's got a double-barreled long-shot gun ahind him that can shoot his body clean from Hangtown tew th' Sacermento Valley in less time than I could take a chaw of ter-backer; for three days ago I seen this identickle man, Skoonly, run out of Hangtown for tryin' tew steal th' gold-dust of a sick miner. S'cuse me for interrupting" and Ham turned his eyes, still glinting with his honest wrath, to the alcalde.

"What!" and the alcalde's eyes brightened and his whole face lightened, as if a great load had been suddenly lifted off his soul. "You saw this man run out of Hangtown three days ago! The very time that he swore he was on his way from San Francisco to the diggings! The very day that he swore he saw the prisoners kill the miner in the Sacramento Valley!"

"Right. He sart'in was in Hangtown three days ago. I reckon I otter know, seein' I was one on 'em tew help run him out. Ay, Skoonly," and Ham jerked the cringing man around in front of the alcalde. "Now, what might be th' trouble with that arm?" and he glared down at the bandaged arm of Skoonly, who had submitted to all these indignities, almost without a protest. He knew Hammer Jones.

"He said," answered the alcalde, "that his horse threw him and broke his arm a little while before he saw the murder committed and that that was why he had not gone to the help of the miner."

"Huh!" and again Ham snorted scornfully, then a sudden gleam came into his eyes, and he turned quickly to the alcalde. "Supposing" he grinned, "you have that broken arm investigated. 'Twouldn't s'prise me none tew find it a durned good arm yit."

"Good!" and the alcalde smiled. "Skoonly can't object, because it will be a strong point in his favor, if we find the arm really broken."

"But I do object," protested Skoonly emphatically, his face becoming livid. "Th' pain'll be sumthin' awful; an' doc said that it mustn't be taken out of the splints for a month on no account."

"Objection overruled," declared the alcalde, who had been watching the man's face. "Here," and he turned to the foreman of the jury, "this appears like a proper point for you to investigate. I'll turn him over to you. Be careful and not hurt the arm any more than you are compelled to," and he smiled.

The crowd, which by this time had formed a close and deeply interested circle around the dramatic characters in the little drama that was here being enacted, watched with tense and grim faces, the foreman, aided by a couple of his fellow jurymen, slowly unwind the bandages from Skoonly's arm. If they had been fooled, if they had been led by false testimony almost to hang two innocent men, nay, boys, their wrath against the false accusers would be sudden and terrible.

Skoonly yelled and squirmed, when they began unwinding the bandages from his arm, as if the action caused him the most intense pain, and begged them to stop, while his face grew so white that even Ham himself began to fear that the arm, at least, bore no false testimony; but the unwinding went steadily on.

And, lo and behold! when the last bandage was off, there lay the arm, sound of bone, and without even a bruise or discoloration along its whole length!

"Wal, I'll be durned! Jest as I thought! The cur! An' that is th' kind of evidence you was a-go-in' tew hang them boys on!" and Ham's angry eyes swept the circle of surrounding faces.

A murmur, that swiftly swelled into a roar of hundreds of angry voices, broke from the surrounding crowd, when Ham's testimony and the result of the examination of Skoonly's bandaged arm became known.

"A rope! Get a rope! Hang him!" yelled a hoarse voice; and the cry was taken up by hundreds of voices; and the jam of enraged men pressed closer and closer to the cowering man, whose face grew livid with fear, as he glared wildly around, seeking some means of escape. But there was none; and despair and a great dread, the dread of a sudden and frightful death, took possession of his soul.

"Save me! Save me!" he yelled, throwing himself at Fremont's feet. "I did not mean tew git th' boys hanged. They, Bill an' Spike, told me 'twas jest tew scare them. They was a-tryin' tew frighten th' boys intew doin' sumthin' for them—Oh-h-h, don't let them git me!