"But is it doin' yer duty to tell the prizners they kin object, and then, when one of 'em does so, to try and choke him off, so's to put in an enemy and a sneak as the clerk of this court?"

"Wa'll, Collins, thar's other folks that ken write in this camp," said the judge. "So I'll withdraw Mr. Shirley, and let another be named."

Much crest-fallen at this decision of the judge, and the very uncomplimentary opinion of himself which he had been forced to listen to, Frank Shirley shrunk back into the crowd from which he had lately emerged with so much confidence.

Even Badger, usually so ready to a.s.sert himself, remained dumb in the presence of this strong, brave man.

A young miner, bearing the appropriate name of Clark, was selected as clerk of the court, and then the judge said it was in order to swear in a jury.

"'Cordin' to law," he added, "the prizners has a right to ax the jury questions, and to object to 'em if they doesn't pan out all right. But I hope we'll git along faster'n we've been doin' else this yar trial will last from July to eternity."

As Mr. Willett did not know any of the men who were called to act as jurors, he judged their fitness for the position by their appearance, and so he offered objections to only two, and they were drunk.

It was already noon when the judge declared that all the preliminaries were over, and that he was now prepared to go on with the trial in earnest, "and have justice did to the livin' and the dead."

CHAPTER XXIV.-OUT OF THE DEPTHS.

The delight of Sam Willett and his friends at being out of the great canon compensated them in part for the severe trials through which they had recently pa.s.sed, and with the disappearance of the stupendous walls of the Colorado they believed all their troubles would vanish.

Daylight convinced them that they had encamped for the night in a spot that seemed like an Eden when compared with their recent resting-places, though back from the charming little valley the rocks rose straight up to a height nearly as great as those of the main river.

Hungry people care more for the quant.i.ty than the variety of their food, and so the boys made a hearty breakfast of the goodly supply of broiled rabbits, and then started to find a way out of the valley.

Sam and Ulna soon discovered that though they could not take the raft much further up the side canon, that they could march along its bed at the bottom of which flowed a little stream of clear, cool water.

They came back to camp, made up their arms, blankets and remaining supplies into four bundles, and Sam announced that they would follow up the stream on foot, for its direction was directly toward Hurley's Gulch.

With wise precaution Sam made fast the raft, for though such an event was to be dreaded, he wanted to have it within reach if they were again forced to go back to the canon in which they had suffered so much.

"Golly!" exclaimed Ike, as they took up their line of march along the stream, "dis seems like ole times."

"How so?" asked Sam, who was always pleased to see the colored boy in a good humor.

"W'y, we're totin' oursels instead of habin' de raft tote us. I 'clar to goodness, I nebber wants to see a raft agin the longest day I lib. Ize done wif rafts foreber and eber, amen."

"Duno," said Wah Shin, who seemed always very solemn, "dat laft sabe us, me no go backe on laft. No laft, den we allee dead."

Maj barked approval of this and began to leap on every one in turn to show his delight at the new method of travel.

They found no serious obstacles in the canon, though the sharp grade rose in a way that indicated they were rising rapidly to the table lands above.

Late in the afternoon they came to a spring near the head of the ravine along which they had been marching all day, and, as it was well known to all that water and fuel were scarce in the uplands, it was decided to stay here for the night.

While Ike and Wah Shin gathered dry cactus and weeds to make a fire, Ulna shouted to them not to make a light till he came back; then motioning to Sam to follow him he led the way up a steep ascent, the summit of which promised a view of the surrounding country.

After a half hour's clambering they reached the top, and after the cramped range of vision that recently hemmed them in, the sight that now gladdened their eyes was thrilling and inspiring beyond expression.

A table land, nearly devoid of vegetation, broken here and there by chasms, or stately pillars of sand rock came to view under a blaze of golden sun-light that poured down from a cloudless sky with a splendor nearly blinding in its brilliancy.

Away to the east the wall of the Sierra Madre mountains rose up like an amethystine rampart, the snow peaks glowing in the light of the declining sun like mighty ma.s.ses of fire opal.

After inhaling a long breath, the better to give expression to his surprise and delight, Sam exclaimed in the poetical language of Mrs.

Hemans:

"For the strength of the hills we bless Thee, my G.o.d, our father's G.o.d!"

Ulna's fine face, though usually calm and impa.s.sive, now showed much feeling, but that this was not due to the glorious scenery about them was soon evident.

"Sam," he said, "I didn't care to speak to you before Ike and Wah Shin, for I did not want to excite them, but I saw something down there at the spring that troubles me very much."

"What was that?" asked Sam.

"A track."

"What kind of a track?"

"An Indian's."

"But this is the hunting ground of your people, the Utes, why should we fear?"

"There would be no war if the different tribes of men were content to stay in their own hunting grounds, but that track was made by an Apache," said Ulna, with more than usual seriousness.

"How do you know it was made by an Apache?"

"By the impression of the sole of the moccasin. The Mezcarillas have the sole in two pieces, sewed together down the middle; the Utes have their's in one."

"But the Apaches have recently made a treaty of peace with the whites; why should we fear them?" said Sam.

"The Apaches will break the treaty, or will defy it, if they can do so with safety. But they have never made a treaty with the Utes. For generations they have been at war with my people, and if they knew I was here they would be after my scalp with the hunger of wolves."

"They could not take yours unless they took mine," said Sam, reaching out his hand to prove his sincerity.

"I am certain of that, Sam; but I do not want to add to your dangers and troubles, if I cannot lessen them."

"Of course not, Ulna, but I do not understand you."

"It may be that the Apaches, and I am not sure they are about, will let you and the others go on without harm, while if they discover me they will be sure to make an attack on all of us," said Ulna, speaking very slowly, but with a strong, steady voice.

"Well, we can't help that. If they attack us we shall be able to show that we have rifles and know how to handle them," said Sam, bravely.

"This is what I have been thinking," continued Ulna. "I can make my way alone from here faster than the four of us can, and I can elude the Apaches as the hawk eludes the wild-cat. If I can reach Hurley's Gulch I can start men out to your relief; if I fail you will be none the worse off."

"This is too serious a matter to decide at once," said Sam. "Even to save the lives of the others, I would not increase your danger--"