"To Smith's Pocket."

McSnagley still lingered. "Do you ever carry any weppings?" he at length asked.

"Weapons? No. What do you want with weapons to go a mile on a starlit road to a deserted claim. Nonsense, man, what are you thinking of? We're hunting a lost child, not a runaway felon. Come along," and the master dragged him away.

Mrs. Morpher watched them from the door until their figures were lost in the darkness. When she returned to the dining-room, Clytie had already retired to her room, and Mrs. Morpher, overruling M'liss's desire to sit up until the master returned, bade her follow that correct example.

"There's Clytie, now, gone to bed like a young lady, and do you do like her," and Mrs. Morpher, with this one drop of balm in the midst of her trials, trimmed the light and sat down in patience to wait for Aristides, and console herself with the reflection of Clytie's excellence. "Poor Clytie!" mused that motherly woman; "how excited and worried she looks about her brother. I hope she'll be able to get to sleep."

It did not occur to Mrs. Morpher that there were seasons in the life of young girls when younger brothers ceased to become objects of extreme solicitude. It did not occur to her to go upstairs and see how her wish was likely to be gratified. It was well in her anxiety that she did not, and that the crowning trial of the day's troubles was spared her then.

For at that moment Clytie was lying on the bed where she had flung herself without undressing, the heavy ma.s.ses of her blond hair tumbled about her neck, and her hot face buried in her hands.

Of what was the correct Clytie thinking?

She was thinking, lying there with her burning cheeks pressed against the pillow, that she loved the master! She was recalling step by step every incident that had occurred in their lonely walk. She was repeating to herself his facile sentences, wringing and twisting them to extract one drop to a.s.suage the strange thirst that was growing up in her soul.

She was thinking--silly Clytie!--that he had never appeared so kind before, and she was thinking--sillier Clytie!--that no one had ever before felt as she did then.

How soft and white his hands were! How sweet and gentle were the tones of his voice! How easily he spoke--so unlike her father, McSnagley, or the young men whom she met at church or on picnics! How tall and handsome he looked as he pressed her hand at the door! Did he press her hand, or was it a mistake? Yes, he must have pressed her hand, for she remembers now to have pressed his in return. And he put his arm around her waist once, and she feels it yet, and the strange perfume as he drew her closer to him. (Mem.--The master had been smoking. Poor Clytie!)

When she had reached this point she raised herself and sat up, and began the process of undressing, mechanically putting each article away in the precise, methodical habit of her former life. But she found herself soon sitting again on the bed, twisting her hair, which fell over her plump white shoulders, idly between her fingers, and patting the carpet with her small white foot. She had been sitting thus some minutes when she heard the sound of voices without, the trampling of many feet, and a loud rapping at the door below. She sprang to the door and looked out in the pa.s.sage. Something white pa.s.sed by her like a flash and crouched down at the head of the stairs. It was M'liss.

Mrs. Morpher opened the door.

"Is Mr. Morpher in?" said a half dozen strange, hoa.r.s.e voices.

"No!"

"Where is he?"

"He's at some of the saloons. Oh, tell me, has anything happened?

Is it about Aristides? Where is he--is he safe?" said Mrs. Morpher, wringing her hands in agony.

"He's all right," said one of the men, with Mr. Morpher's old emphasis; "but"--

"But what?"

M'liss moved slowly down the staircase, and Clytie from the pa.s.sage above held her breath.

"There's been a row down to Smith's old Pocket--a fight--a man killed."

"Who?" shouted M'liss from the stairs.

"McSnagley--shot dead."

CHAPTER VII

THE PEOPLE vs. JOHN DOE WATERS. Before Chief Justice LYNCH.

The hurried statement of the messenger was corroborated in the streets that night. It was certain that McSnagley was killed. Smith's Pocket, excited but skeptical, had seen the body, had put its fingers in the bullethole, and was satisfied. Smith's Pocket, albeit hoa.r.s.e with shouting and excitement, still discussed details with infinite relish in bar-rooms and saloons, and in the main street in clamorous knots that in front of the jail where the prisoner was confined seemed to swell into a mob. Smith's Pocket, bearded, blue-shirted, and belligerent, crowding about this locality, from time to time uttered appeals to justice that swelled on the night wind, not infrequently coupling these invocations with the name of that eminent jurist--Lynch.

Let not the simple reader suppose that the mere taking off of a fellow mortal had created this uproar. The tenure of life in Smith's Pocket was vain and uncertain at the best, and as such philosophically accepted, and the blowing out of a brief candle here and there seldom left a permanent shadow with the survivors. In such instances, too, the victims had received their quietus from the hands of brother townsmen, socially, as it were, in broad day, in the open streets, and under other mitigating circ.u.mstances. Thus, when Judge Starbottle of Virginia and "French Pete" exchanged shots with each other across the plaza until their revolvers were exhausted, and the luckless Pete received a bullet through the lungs, half the town witnessed it, and were struck with the gallant and chivalrous bearing of these gentlemen, and to this day point with feelings of pride and admiration to the bulletholes in the door of the National Hotel, as they explain how narrow was the escape of the women in the parlor. But here was a man murdered at night, in a lonely place, and by a stranger--a man unknown to the saloons of Smith's Pocket--a wretch who could not plead the excitement of monte or the delirium of whiskey as an excuse. No wonder that Smith's Pocket surged with virtuous indignation beneath the windows of his prison, and clamored for his blood.

And as the crowd thickened and swayed to and fro, the story of his crime grew exaggerated by hurried and frequent repet.i.tion. Half a dozen speakers volunteered to give the details with an added horror to every sentence. How one of Morpher's children had been missing for a week or more. How the schoolmaster and the parson were taking a walk that evening, and coming to Smith's Pocket heard a faint voice from its depths which they recognized as belonging to the missing child. How they had succeeded in dragging him out and gathered from his infant lips the story of his incarceration by the murderer, Waters, and his enforced labors in the mine. How they were interrupted by the appearance of Waters, followed by a highly colored and epithet-ill.u.s.trated account of the interview and quarrel. How Waters struck the schoolmaster, who returned the blow with a pick. How Waters thereupon drew a derringer and fired, missing the schoolmaster, but killing McSnagley behind him.

How it was believed that Waters was one of Joaquin's gang, that he had killed Smith, etc., etc. At each pause the crowd pushed and panted, stealthily creeping around the doors and windows of the jail like some strange beast of prey, until the climax was reached, and a hush fell, and two men were silently dispatched for a rope, and a critical examination was made of the limbs of a pine-tree in the vicinity.

The man to whom these incidents had the most terrible significance might have seemed the least concerned as he sat that night but a few feet removed from the eager crowd without, his hands lightly clasped together between his knees, and the expression on his face of one whose thoughts were far away. A candle stuck in a tin sconce on the wall flickered as the night wind blew freshly through a broken pane of the window. Its uncertain light revealed a low room whose cloth ceiling was stained and ragged, and from whose boarded walls the torn paper hung in strips; a lumber-room part.i.tioned from the front office, which was occupied by a justice of the peace. If this temporary dungeon had an appearance of insecurity, there was some compensation in the spectacle of an armed sentinel who sat upon a straw mattress in the doorway, and another who patrolled the narrow hall which led to the street. That the prisoner was not placed in one of the cells in the floor below may have been owing to the fact that the law recognized his detention as only temporary, and while providing the two guards as a preventive against the egress of crime within, discreetly removed all unnecessary and provoking obstacles to the ingress of justice from without.

Since the prisoner's arrest he had refused to answer any interrogatories. Since he had been placed in confinement he had not moved from his present att.i.tude. The guard, finding all attempts at conversation fruitless, had fallen into a reverie, and regaled himself with pieces of straw plucked from the mattress. A mouse ran across the floor. The silence contrasted strangely with the hum of voices in the street.

The candle-light, falling across the prisoner's forehead, showed the features which Smith's Pocket knew and recognized as Waters, the strange prospector. Had M'liss or Aristides seen him then they would have missed that sinister expression which was part of their fearful remembrance.

The hard, grim outlines of his mouth were relaxed, the broad shoulders were bent and contracted, the quick, searching eyes were fixed on vacancy. The strong man--physically strong only--was breaking up. The fist that might have felled an ox could do nothing more than separate its idle fingers with childishness of power and purpose. An hour longer in this condition, and the gallows would have claimed a figure scarcely less limp and impotent than that it was destined to ultimately reject.

He had been trying to collect his thoughts. Would they hang him?

No, they must try him first, legally, and he could prove--he could prove--But what could he prove? For whenever he attempted to consider the uncertain chances of his escape, he found his thoughts straying wide of the question. It was of no use for him to clasp his fingers or knit his brows. Why did the recollection of a school-fellow, long since forgotten, blot out all the fierce and feverish memories of the night and the terrible certainty of the future? Why did the strips of paper hanging from the wall recall to him the pattern of a kite he had flown forty years ago. In a moment like this, when all his energies were required and all his cunning and tact would be called into service, could he think of nothing better than trying to match the torn paper on the wall, or to count the cracks in the floor? And an oath rose to his lips, but from very feebleness died away without expression.

Why had he ever come to Smith's Pocket? If he had not been guided by that h.e.l.l-cat, this would not have happened. What if he were to tell _all_ he knew? What if he should accuse _her_? But would they be willing to give up the bird they had already caught? Yet he again found himself cursing his own treachery and cowardice, and this time an exclamation burst from his lips and attracted the attention of the guard.

"h.e.l.lo, there! easy, old fellow; thar ain't any good in that," said the sentinel, looking up. "It's a bad fix you're in, _sure_, but rarin' and pitchin' won't help things. 'T ain't no use cussin'--leastways, 't ain't that kind o' swearing that gets a chap out o' here", he added, with a conscientious reservation. "Now, ef I was in your place, I'd kinder reflect on my sins, and make my peace with G.o.d Almighty, for I tell you the looks o' them people outside ain't pleasant. You're in the hands of the law, and the law will protect you as far as it can,--as far as two men can stand agin a hundred; sabe? That's what's the matter; and it's as well that you knowed that now as any time."

But the prisoner had relapsed into his old att.i.tude, and was surveying the jailor with the same abstracted air as before. That individual resumed his seat on the mattress, and now lent his ear to a colloquy which seemed to be progressing at the foot of the stairs. Presently he was bailed by his brother turnkey from below.

"Oh, Bill," said fidus Achates from the pa.s.sage, with the usual Californian prefatory e.j.a.c.u.l.a.t.i.o.n.

"Well?"

"Here's M'liss! Says she wants to come up. Shall I let her in?"

The subject of inquiry, however, settled the question of admission by darting past the guard below in this moment of preoccupation, and bounded up the stairs like a young fawn. The guards laughed.

"Now, then, my infant phenomenon," said the one called Bill, as M'liss stood panting before him, "wot 's up? and nextly, wot's in that bottle?"

M'liss whisked the bottle which she held in her hand smartly under her ap.r.o.n, and said curtly, "Where's him that killed the parson?"

"Yonder," replied the man, indicating the abstracted figure with his hand. "Wot do _you_ want with him? None o' your tricks here, now," he added threateningly.

"I want to see him!"

"Well, look! make the most of your time, and _his_ too, for the matter of that; but mind, now, no nonsense, M'liss, he won't stand it!"

repeated the guard with an emphasis in the caution.

M'liss crossed the room, until opposite the prisoner. "Are you the chap that killed the parson?" she said, addressing the motionless figure.

Something in the tone of her voice startled the prisoner from the reverie. He raised his head and glanced quickly, and with his old sinister expression, at the child.

"What's that to you?" he asked, with the grim lines setting about his mouth again, and the old harshness of his voice.