Indian and Scout: A Tale of the Gold Rush to California

He broke off with a groan, for as he reviewed the matter he realized that he could but make a statement of what had happened, but that there was no one to bear it out. After all, facts were glaringly against him. Indeed he realized that to the full when he was brought up before the sheriff and judges.

"The prisoner states that he was at work in the forge when a man entered and desired to have a key made," counsel for the prosecution announced, when summing up the case. "That may or may not be the case, though we can believe that it happened, for there were footmarks in the mud outside the smithy which correspond with others on the lawn outside the mansion. But we maintain that those marks were those of an accomplice. The prisoner made the key to match a wax impression supplied by this accomplice, and carelessly left the impression in the smithy. Now let us follow the prisoner's movements. He shuts the smithy and goes off in the evening, as he has done many times before. But let us bear in mind an important item of evidence. On ordinary days he would have to be back by nine o'clock at the latest. But on this particular evening he owns that he walked so far that a return at that hour was impossible. With that we place the fact that James Orring and his wife were lured away from Hopeville for the night. Is that not very suggestive of prisoner's complicity in this crime? He lures his patron away, so that his absence shall not be detected. And why should he walk farther on this particular occasion? To meet the buggy with his two accomplices. The tracks on the heather are clear enough to show that three men were about the buggy. It stands to reason that one man could not have been spying, for he would certainly have been detected.

"And now we come to the mansion. Davy declares that this man was one of the miscreants, though he did not say who fired the shot. That is his dying deposition. Is it probable that he would have thrown himself upon a defenceless youth? Highly improbable. Unbelievable. Contrary to common sense. And had he done so, is it possible that he could still have persevered in his error? No, a thousand times no! Davy, at death's door, gave us his honest conviction."

Terribly black was the evidence, and it may be imagined with what a sinking heart our unfortunate hero listened to it all. There was no one to speak for him, save honest James Orring, who sturdily maintained that his apprentice was innocent.

"Find the weapon with which he shot the man Davy," he asked savagely, "and then talk of the lad's guilt. A steadier boy never worked in a forge. Him a burglar! Not much! And ef he was, do yer think I shouldn't have spotted it, with him under my eyes day and night?"

Jack's case stirred the countryside, and filled the columns of the paper. Discussion as to his guilt or innocence waxed loud and furious, and was responsible for many incidents. People took up the cudgels for him in the saloons, and often enough that led to angry words and to broken heads. Even the jury wavered. Looking at Jack in the dock they were bound to confess that a franker face never before was seen. The prisoner faced his terrible position with a courage and fortitude which were commendable, while his answers were so direct, so evidently spontaneous and sincere, that even with that damning evidence before them the most experienced of the jury felt a qualm, hesitated a little, and was inclined to give some benefit to the prisoner.

"It'll be manslaughter," said James dolefully, "as he discussed the matter with his wife. They'll never hang Jack, even though the evidence is so black against him. He'll be given ten years, ten long years, in prison."

Mrs. Orring wept, and was joined by Jack's mother, who had come to stay with them during the trial.

"Ten long years," she moaned. "He'll be an old man by then. To think that a bonny fellow such as he must be shut up for the finest years of his life, must be treated like a wild beast. Oh, it is horrible!"

"He shan't! I tell yer he shan't!" cried James, banging his fist on the parlour table till the whole floor shook. "Even though I war the victim of a hoax that cleared me away for the time being, I ain't never had ought but a friendly feelin' for young Jack, and I'm dead sartin that he's as innocent as a babe. If them skunks who were in it had the pluck of sparrows, they'd come forward and declare theirselves. But they won't – trust 'em! And they'll see this young chap nigh hanged and put in prison, while they're free ter burglar other places. Jack's up against it hot and strong, and I'm his friend. I say again, he shan't go to prison."

His vehemence was remarkable, and stirred his listeners.

"Not go to prison! You won't – " commenced Mrs. Orring.

"Silence, woman!" thundered James, his brows knit close together, his eyes staring at the opposite wall. "Ye've heard what I've had to say. Then silence! Not another word! Don't breathe a syllable to a soul. Good night!"

The usually pleasant and easy-going smith got up and left the room abruptly, while the two women stared at one another, half-laughing and half-weeping.

"This is how I look at it," said James, when he was well away from the house. "I can't get to think in there with women round me, but here a man can see things clearer. Jack's done. If he ain't hanged, he'll be put away fer ten solid years. And how's he ter prove his innocence when he's cooped up within four walls? He can't, and thar's no one else to do it fer him. And supposin' he goes fer the ten years, he's branded as a felon, and won't have the spirit or the energy ter try to clear himself when at last he gets free. I don't, as a rule, get advisin' a man as is innocent ter skip before his trial's finished. It makes things all the blacker agin him. But here's a case where no good can come with waitin'. He's branded, sure, and he'll stay branded if he goes to prison. I'll go and see Pete."

Pete was an old friend of James's, and because of help he had had at a critical time, from the owner of the smithy, he always had an indulgent ear for James.

"Ef yer could get ter chat along with the policeman, maybe I'd be able ter take a look at Jack," said James, accosting his friend, and passing him a wink. "Not yet awhile, though, 'cos I'm busy. But after tea. Jest about sevin o'clock."

Pete looked up quickly, and a sharp glance shot from his eyes. He was a man of sixty-five, perhaps, though he looked older, and was already as white as snow as to his hair and beard. But he was no fool, was Pete, and his glance showed that he half-understood James.

"You aer thinkin' that boy's innocent?" he asked, as he sucked at his pipe.

"Dead sartin," replied James. "Sit down and have a smoke. Try mine."

He handed out his tobacco skin, and Pete filled from it gratefully.

"Up!" he remarked, as he pulled at the pipe; "and you was thinkin' maybe that Jack – "

"Yer know what I was thinkin', Pete," exclaimed James bluntly. "Look ye here. Have yer ever been dead down on yer luck, right clean hard up agin it?"

Pete nodded, his ferrety little eyes watching the smoke curl up from the bowl, and his whole expression denoting satisfaction.

"I've been dead down on the rocks, with the pinnacles comin' clear through," he admitted, as if the recollection caused him enjoyment. "I've had fortune play me so scurvily that I couldn't see a crust anywheres, and hadn't but one friend ter turn to. Yes, James, I've knowd what it is ter be clean up agin it."

"And yer didn't want help?"

"Ye've struck it wrong. Every man wants help some day. It may be only when he's old and tottery, like me – " he stopped to smile, and watch the smoke again – "jest like me," he repeated. "Sometimes he don't want it even then. But there's others want it, soon and plenty, when they're just cuttin' their teeth. Guess Jack's one of 'em."

"And he's jest got one friend," said James slowly. "That's me."

"Then you've struck it wrong agin. Jack's got two. Jack's friend is my friend. I don't forget the time when I was up agin it."

The shrewd, sharp look came again from the old man, and James noted it. Taking his courage in both hands he blurted out his news.

"I'm goin' to fetch him out of that ere jug of a prison," he said curtly. "Help me with the policeman, and – and – "

"Why, bless us! what am I doin'," cried Pete, suddenly taking his pipe from his mouth. "It's five o'clock now, and I must be goin'. I've got a 'pointment with the constable at sivin, jest to do a bit of talkin'. So long, James."

"And bless you," thought the owner of the smithy, as Pete departed. "Now ef I don't fix it, my name ain't James Orring. First thing's an aliby."

He stood thinking for a few moments, and then hastened back home. Tea was ready, and after that, and a smoke, it wanted only a quarter to seven.

"Missus," said James suddenly, "I'm agoin' to bed. I've a headache. Jest come in and put the light out, will yer."

Mrs. Orring was not gifted with a brilliant wit, and stood for a while regarding her husband with questioning eyes. For James certainly did not look to have a headache. If ever a man looked in robust and absolute health it was he. But Jack's mother saved the situation.

"I think I should go and do as he says in a few moments, dear," she whispered. "You see, to-morrow you will be able to tell the people that James went to bed, and that you left him there, sick with a headache."

It dawned upon Mrs. Orring that this manœuvre of her husband's might have something to do with Jack, and promptly she carried out his wishes.

"And jest sit right there in the front parlour," said James, as the light was put out. "Then I shan't be disturbed with the talking. Yer can come in and see how my head's doin' when I call. Not before, 'cos I shall likely be sleepin'."

He yawned, turned over, and drew the clothes well across him, as if disposing himself for sleep. But within a minute of Mrs. Orring's departure, James was out of bed. To open the window and leap out was the work of a moment. Then he went straight to the smithy, procured a file and a hammer, and, covering his face with a scarf, set off towards the prison, choosing a path at the back of the houses.

"Better see as Pete's got the constable in tow," he said to himself as he went. "Now's the time to work a liberation, 'cos this jail ain't by noways strong. But after the trial's over, and the verdict's given, guess Jack'll be taken to a place as strong as could be wanted. Now what in thunder aer we ter do with him when he's out."

The difficulty almost floored James, and for a time he sat pondering.

"Got it!" he cried at last. "Thar's bound ter be a hue and cry, and a dickens of a fuss; and the country-side'll be searched high and low. Guess I'll help ter put 'em off the tracks."

Some ten minutes later he was close to the prison, and had safely hidden himself in the angle of a house from which he could watch the street. Hopeville boasted of a town hall and a jail, both perched at the edge of a square, which, now that the township was a dozen years old, had become the fashionable promenade of the inhabitants. It was lighted by some half-dozen swaying oil lamps, and was provided with a few benches. On one of these, some distance from the tiny prison, Pete was seated as James looked, smoking quietly, and engaged in earnest conversation with the only constable that Hopeville possessed. And if that conversation could have been overheard, it would have appeared at once that the artful Pete was playing on the constable's vanity.

"Good for me! Good for Jack!" thought James. "Now, I won't lose no time about it, and I'll go at it like a man."

Being the only smith in the place, he was thoroughly acquainted with the ins and outs of the prison, and knew the solitary cell it boasted. James was no believer in half-measures. He clambered on to a wall at the back of the prison, made his way along it, and gained a roof. The grilled window of the cell looked on to this, and in a twinkling James was at it.

"Hist!" he called through the bars. "That you, Jack!"

He had to repeat the summons before our hero put in an appearance.

"What is it?" he asked sleepily. "You! James!"

"Fer sure. Look here, Jack! Ye're innocent, and we knows it."