"The Rumpety case, I believe."

"Not much good, I suppose."

"I'm afraid not," said the judge, glancing as he pa.s.sed at the shivering woman and children. "I wonder if they have had any dinner," he queried, with sudden solicitude.

"Yes. My wife looked after that. She took 'em over a mess of stuff. They looked scared of their lives to eat it, but it's safe inside of 'em now." And the kind, red-faced storekeeper hugged himself visibly at the thought.

The court a.s.sembled.

Within the bar a group of chairs had already been taken possession of by the dames and belles of Sandoria and the neighboring ranches, to whom court-week is the equivalent of carnival, opera, or races in more favored regions; and where, indeed, could a more striking drama be presented for their delectation than here, where friends and neighbors played the leading parts?

The court a.s.sembled; lawyers and stenographer took their places; the clerk stood in readiness; the judge mounted the bench; and lo! the historic dignity of a court of justice had descended upon that rude stage, and all was ready for whatever comedy or tragedy might be to enact upon it.

The judge, referring to the list, announced that the next case would be "The people of the State of Colorado against Dennis Rumpety." Then, being called, Dennis Rumpety walked down the court-room and pa.s.sed within the bar.

The man looked fifty or thereabouts; a short, thick-set figure, with a large head covered with thick iron-gray hair. The smooth-shaven face was a peculiar one, being broad in its outline, with the features, especially the eyes, small and close together. The short, bushy eyebrows met above a fine, clean-cut nose; the jaws were heavy and brutal; yet the menace of the face was not in these, but in the thin straight lips which closed like the shears of Fate. A cruel smile gathered about the lips as he answered the questions of the court. There was something peculiarly incongruous in the jovial, happy-go-lucky name to which this man answered.

"Mr. Rumpety," the judge asked, "have you provided yourself with legal advice?"

"No, your honor," the man replied, with a strong north-country brogue.

"No, sorr! I've got no use for the laryers."

"You are prepared, then, to argue your own case?"

"I lave me case in the hands of me fahmily. Their testimony will clear me from the false accusations of me innimies. If thim as----"

"That will do, Mr. Rumpety."

"If thim as are----"

"Mr. Rumpety, that will do."

The judge invariably spoke in a low tone of voice, but it was not often that he had to repeat himself; the voice of authority has a way of making itself heard.

Rumpety locked his lips again and took his seat. The jury was called, Ed Rankin's name among the first.

Rankin had not heard a word about the Rumpety case, yet the nature of it was as clear to him as daylight. This brute was up for cruelty to those four shivering creatures on the bench in the corner, and they would never dare testify against their persecutor. In all those abject countenances there was not one ray of courage visible.

Now began the process of weeding out the jury, which, when it came his turn, Rumpety performed with a free hand. The prosecution having dismissed some half-dozen men and "pa.s.sed" the jury, the defendant began his inquisition. He asked no unnecessary questions, gave no reasons for his prejudices, but with unalterable decision declared, "I won't have that man on the jury at all!" or, "I don't want him: he may go."

Rankin was among the first to be thus summarily rejected, and he joined the crowd outside the bar, only half contented with his release. He would have liked "to convict that beast."

It was not much of a compliment to be retained on Rumpety's jury. As often as, in his cursory examination, he came upon an ignorant or brutish face, a complacent smile played about the thin lips, and he said, "That man 'll do. He 'll do."

And now the trial began. People from the town of Wolverton testified that the boy Victor--poor little defeated Victor!--had appeared in the street fleeing from his home, four miles away, crying that his father was going to kill him. The child's ear had been frightfully bruised and swollen, and there were unmistakable marks of ill usage upon him. The man Rumpety's barbarity was notorious on all the countryside, and this was the third successive year he had been up before the court. It had never been possible to secure a conviction, owing to the dogged persistence of his victims in perjuring themselves in his favor.

As one after another of the trembling family shuffled up to the witness-seat and swore, with hanging head and furtive eyes, that Dennis Rumpety was a kind husband and father, who never punished them "more than was just," this model parent sat with gleaming eyes and an evil smirk, resting his case upon the "testimony of his fahmily." If, occasionally, the witness hesitated, Rumpety would lift his eyebrows or make a slight movement which sent the blood into the pale cheek of woman or child and an added tremor into the faint voice. More than once the district attorney sprang to his feet and cried, "Your honor, I object to this man's intimidating the people's witnesses;" but the intimidation was too subtle to seize hold upon.

Ed Rankin wondered what would happen if somebody should hit the wretch a whack over the head every time he raised an eyebrow. Somehow it struck him that the law was hardly equal to tackling "that kind."

The cross-examination brought out no new evidence.

The district attorney was especially persistent with the boy, the immediate victim in this instance.

"Victor," he said, "state to the jury why you accused your father of abusing you and wanting to kill you, if it wasn't true."

The boy hesitated.

"Don't be afraid to speak the truth. He sha' n't hurt you."

But the boy knew better.

"Sure I lied," he said.

"And what did you lie for?"

"Because I was mad."

"But what made you get mad with such a kind father?"

"Because he came into the cellar and found fault wid me about the potatoes."

"Had he reason to find fault with you?"

The boy looked at his father: one look was enough.

"Yes, sorr. I had an ugly fit on."

Poor little shrinking shivering wretch, with his cowed figure and trembling lips! It is safe to say that an "ugly fit" seized upon every person listening to that futile confession.

Ed Rankin felt the blood boil in his veins. He glanced at Myra Beckwith, sitting among the audience within the bar. She was leaning forward with her hands clasped tightly, watching the boy. There were tears in her eyes, and Rankin blessed her for them.

It was clear that the district attorney himself was a good deal wrought upon, for his manner grew quieter every minute. He sat with his head slightly forward, looking out from under his brows straight into the miserable little face before him. His questions came short and incisive.

"State to the jury again how you hurt your ear."

"Sure I fell off a horse."

"Hm! You fell off a horse and lit on your ear?"

"Yes, sorr."

"And this ingenious tumble took place before the racket in the cellar?"

"Yes, sorr."

"How long before?"