Riley Sinclair lowered his head with a sigh. Was not he himself playing the part of the hawk? He looked straight into the eyes of the prisoner, and Jig met the gaze without flinching. He merely smiled in an apologetic manner, and he made a little gesture with his right hand, as if to admit that he was helpless, and that he cast himself upon the good will of Riley Sinclair. Riley jerked his head to one side and scowled. He hated that appeal. He wanted this hanging to be the work of seven men, not of one.

Montana returned, bringing with him a yellow-covered, red-backed book.

"They wasn't a sign of a Bible in the house," he stated, "but I found this here history of the United States, with the Declaration of Independence pasted into the back of it. I figured that ought to do about as well as a Bible."

"You got a good head, Montana," said his honor. "Open up to that there Declaration. Here, La.r.s.en, put your hand on this and swear you're telling the truth, the whole truth, and nothing but the truth. They ain't going to be any b.u.m testimony taken in this court. We ain't going to railroad this lynching through."

He caught a glistening light of grat.i.tude in the eyes of the schoolteacher. Riley's own breast swelled with a sense of virtue. He had never before taken the life of a helpless man; and now that it was necessary, he would do it almost legally.

La.r.s.en willingly took the oath. "I'm going to tell the truth, the whole truth, and nothing but the truth, d.a.m.n me if I don't! I was over to Shorty Lander's store the other day--"

"What day?"

"Hmm! Last Tuesday, I reckon."

"Go on, La.r.s.en, but gimme nothin' but the facts."

"I seen Jig come into the store. 'I want to look at a revolver,'" he said.

"'The deuce you do! What might you want to do with a revolver, Jig?'

says Shorty. 'You mean you want a toy gun?'

"I remember them words particular clear, because I didn't see how even a spineless gent like Jig could stand for such a pile of insult. But he just sort of smiled with his lips and got steady with his eyes, like he was sort of grieved.

"'I want a gun that'll kill a man,' he says to Shorty.

"Shorty and me both laughed, but, when Shorty brung out a forty-five, doggone me if Jig didn't buy the gun.

"'Look here,' says he, 'is this the way it works?'

"And he raises it up in his skinny hand. I had to laugh.

"'Hold it in both hands,' says I.

"'Oh,' says he, and darned if he didn't take it in both hands.

"'It seems much easier to handle in this way,' says he.

"But that's what I seen. I seen him buy a gun to kill a man. Them was his words, and I figure they're a mouthful."

La.r.s.en retired.

"Damagin' evidence, they ain't no question," said Mr. Clerk severely.

"But I can lay over it, your honor."

"Blaze away, judge."

La.r.s.en took the oath. "I'm going to show you they was bad feelings between the prisoner and the dead man, your honor. I was over to the dance at the Woodville schoolhouse a couple of weeks ago. Jig was there, not dancing or nothing, but sitting in a corner, with all the girls, mostly, hanging around him. They kept hanging around looking real foolish at him, and Jig looks back at 'em as if they wasn't there.

Well, it riles the boys around these parts. Quade comes up to him and takes him aside.

"'Look here,' he says, 'why don't you dance with one girl instead of hogging them all?'

"'I don't dance,' says Jig.

"'Why do you stay if you won't dance?' asks Quade.

"'It is my privilege,' says Jig, smiling in that ornery way of his, like his thoughts was too big for an ordinary gent to understand 'em.

"'You stay an' dance an' welcome,' says Quade, 'but if you won't dance, get out of here and go home where you belong. You're spoiling the party for us, keeping all the girls over here.'

"'Is that a threat?' says Jig, smiling in that way of his.

"'It sure is. And most particular I want you to keep away from Sally Bent. You hear?'

"'You take advantage of your size,' says Jig.

"'Guns even up sizes,' says Quade.

"'Thank you,' says Jig. 'I'll remember.'

"Right after that he went home because he was afraid that Quade would give him a dressing. But they was bad feelings between him and Quade.

They was a devil in them eyes of Jig's when he looked at big Quade. I seen it, and I knowed they'd be trouble!" Lodge then retired.

"Gents," said his honor, "it looks kind of black for the prisoner. We know that Gaspar had a grudge agin' Quade, and that he bought a gun big enough to kill a man. It sure looks black for you, Gaspar."

The prisoner looked steadily at Sinclair. There was something unsettling in that gaze.

"All we got to make sure of," said the judge, "is that that quarrel between Gaspar and Quade was strong enough to make Gaspar want to kill him, and--"

"Your honor," broke in Gaspar, "don't you see that I could never kill a man?" The prisoner stretched out his hands in a gesture of appeal to Sinclair.

Riley gritted his teeth. Suddenly a chill had pa.s.sed through him at the thought of the hanging noose biting into that frail, soft throat. "You shut up till you're asked to talk," he said, frowning savagely. "I think we got a witness here that'll prove that you _did_ have sufficient cause to make you want to get rid of Quade. And, if we have that proof, heaven help you. Montana, go get Sally Bent!"

Gaspar started up with a ring in his voice. "No, no!"

In response to a gesture from Sinclair, Denver Jim jerked the prisoner back onto the black rock. With blazing blue eyes, Gaspar glared at the judge, his delicate lips trembling with unspoken words.

Sinclair knew, with another strange falling of the heart, that the prisoner was perfectly aware that his judge had not the slightest suspicion of his guilt. An entente was established between them, an entente which distressed Sinclair, and which he strove to destroy. But, despite himself, he could not get rid of the knowledge that the great blue eyes were fixed steadily upon him, as if begging him to see that justice was done. Consequently, the judge made himself as impersonal as possible.

9

Sally Bent came willingly, even eagerly. It was the eagerness of an angry woman who wanted to talk.

"What is your name?"

"A name you'll come to wish you'd never heard," said the girl, "if any harm comes to John Gaspar. Poor Jig, they won't _dare_ to touch a hair of your head!"