Nesis nodded. With her graceful and speaking gestures she informed Colina that all the country that way was covered with almost impenetrable woods through which they could not ride without a trail.

Southeast, the prairie rolled smoothly all the way to the great river that came from the distant high mountains.

"The spirit river?" asked Colina.

Nesis nodded, adding in dumb-show that when they reached its banks they would make a raft and float down to Fort Enterprise.

"Good!" said Colina. "Let's ride on. The moon will be up later.

We'll camp by the first water that we come to."

CHAPTER x.x.xIX.

THE TRIAL.

Mr. Wilfred Pascoe, K.C., arose and cleared his throat musically. He drew out his handkerchief, polished his gla.s.ses, returned the handkerchief, and paused suggestively.

Mr. Pascoe was a.s.sured that he was the leading attraction at the trial of Ambrose Doane, and that the humming crowd which filled every corner of the court-room had come for the express purpose of hearing him, the famous advocate from the East, sum up for the crown.

Indeed, in his opinion, there was no one else in the case. Denholm for the defense was a sharp and clever lad, but a mere lad! As for the judge--well one knows these judges in the outlying provinces!

The people of Prince George did not often get a chance to listen to a man like him, therefore he wished to give them the worth of their money.

He was a dignified, ruddy little gentleman, clad in a well turned cutaway that fell from his highly convex middle like the wings of a pouter pigeon.

"My lord and gentlemen of the jury," he began in a voice of insinuating modesty and sweetness, "in this room during the past four days we have witnessed the unfolding of an extraordinary drama.

"Through all the criminal annals of this country we may search in vain for a precedent to this case. In the past we have had to try Indians and half-breeds for rebelling against the government.

"In such cases punishment was always tempered with mercy; we were in the position of a parent chastising his child.

"Here we are faced by a different situation. Here we have a white man, one of our own race charged with inciting and leading the natives to rebel against authority. By tongue and deed he strove to unloosen the pa.s.sions of h.e.l.l to his own profit!

"Every man of middle age in this Western country knows what Indian warfare means. The flesh crawls at the picture of shrieking, painted demons that is called up, the flames, the tortures, the dishonored homes--gentlemen, it--it is difficult for me to speak of this matter with a becoming restraint.

"When we come to examine the evidence we are faced by a well-nigh inextricable confusion. But, gentlemen, the main issue is clear.

"We see the prisoner having made his first false step drawn by inevitable succession deeper and deeper into the quicksands of pa.s.sion and violence. Out of the ma.s.s of details I ask you to choose three facts which in themselves const.i.tute a strong presumptive case.

"First, the trouble at Fort Enterprise--that pleasant little Eden of the far north, invaded, alas! by the serpent--the beginning of the trouble I say was exactly coincident with the arrival of Ambrose Doane.

"Second, in every scene of violence that followed we find him a leading figure. Third, all trouble ceased upon his arrest.

"Let us glance in pa.s.sing at the first act of lawlessness, the seizing of the Company's mill. The prisoner admits that he forcibly broke into the mill, hoping, no doubt, that by confessing the minor offense he may persuade you to believe him when he denies the greater. This is a very ancient expedient of accused persons.

"He ground his grain and carried it back to the Indians, and they stored it in an empty shack across the river. This is conceded by both sides.

"On the following night during the progress of a barbaric dance among the Kakisas, at which the prisoner was a guest--an honored guest, remember--an alarm of fire was given.

"Upon running to the scene they found the shack in flames. It was completely destroyed, together with its contents.

"Now, gentlemen, this is one of the mysteries of the case. No evidence has been adduced to show who set that fire. Its suddenness and violence precludes the possibility of its having caught by accident.

It was set, but who set it?

"We are reduced to mere speculation here. Was it any one connected with the Company? No! They had thousands of dollars' worth of unprotected goods across the river; they were a mere handful, and the Indians three hundred. It isn't reasonable.

"Well, then, did any of the Indians set it? Why should they? It was their flour; they had receipted for it. Lastly, did Ambrose Doane do it, or have it done? Ah! Let us look for possible motives.

"He was a trader, remember. It had been so easy for him to secure the first lot; perhaps he wanted to sell them another lot. The simple Indians, of course, would be persuaded that the incendiary came from across the river--"

Mr. Denholm rose. "I object," he said. "My eminent friend has no right to suggest such ideas to the jury. There is no evidence--"

Mr. Pascoe beamed upon his young opponent. "Counsel overlooks the fact," he said gently, "that I expressly stated this was mere speculation on my part."

"Overruled," murmured the judge.

Mr. Pascoe resumed: "As to what followed there are several versions.

The prisoner says that he pleaded with the Indians, and tried to keep them from crossing the river. Simon Grampierre corroborates this; but Grampierre, you must remember, is the prisoner's self-confessed accomplice in the seizure of the flour-mill.

"Still, he may be telling the truth. Grampierre was not with Doane all the time. It is highly probable that the prisoner, seeking to impress Grampierre, pleaded with the Indians in his hearing. The Indians couldn't understand English, anyway.

"Watusk testified that he had a conversation with the prisoner during the fire, but the confusion was so great he cannot remember what was said. This is very natural.

"Myengeen, Tatateecha, and the other Indians who testified said that the prisoner did harangue them, and that they understood from his gestures that he was urging them to cross the river and revenge themselves.

"All say it was from him that they first heard Gaviller's name. I don't think we need look any further.

"Anyhow, the prisoner led the mob down to the beach where his york-boat was lying, and they all embarked in his boat. He says he tried to keep them out, but he does not deny crossing with them. Hardly likely they would take him as a pa.s.senger, is it, if he had fought them so strenuously?

"On what took place in John Gaviller's house that night I will touch very briefly. It was a ghastly night for the little company of defenders! We have no eye-witness to the prisoner's dastardly attack on Mr. Gaviller. Mr. Strange, through the most praiseworthy motives, has refused to testify against him.

"Mr. Strange takes the ground that since he is obliged to act as interpreter in this case, no other being obtainable, it would be improper for him to give evidence.

"In the light of the prisoner's impudent charge against Mr. Strange, the latter's conduct is truly magnanimous. The charge that Strange tried to murder his employer is simply laughable. Twenty-nine years of faithful service give it the lie.

"A great point has been made by the defense that the prisoner had no motive in attempting to kill Mr. Gaviller. Gentlemen, he had the same motive that has inspired every murder in history--hate!

"There is any amount of testimony to show with what hatred the prisoner always spoke of Mr. Gaviller. Gaviller was his business rival, his rich and successful rival. Gaviller was the head and front of the powers that opposed his headstrong will. I repeat, it is hate and opportunity that make a murder.

"Mr. Gaviller was prostrated with weakness. How simple to creep up-stairs in the dark and finish what the other coward's bullet had almost accomplished! And how impossible to prove that it was a murder!

Mr. Gaviller's vitality was so low that night, the doctor has testified, that he himself would not have suspected foul play if he had found him dead in the morning.

"When they arrested Doane in the house the gun they took from him was one that had been stolen from the Company store earlier in the night.

Remember that.

"At daylight the Indians came and made a demand on the defenders of the house for their leader, Ambrose Doane. They threatened to burn the house down if he was not given up to them. They welcomed him with extravagant expressions of joy.