Two other witnesses were called to prove the dying words of Tom Edwards, and on these and the fact that Mr. Willett had no evidence to prove that he had paid for the claim at Gold Cave Camp, the whole case hung.
Mr. Willett testified in his own behalf.
He told such a clear, straightforward story that, for the time being, even his enemies were impressed with its truth.
In a tremulous voice he spoke about his beloved son, whom he feared to be dead, and he said, in conclusion:
"Had it not been for the cruel flood that snatched from me my boy, the only tie that holds me to earth, he would have been here with the paper bearing Tom Edwards' signature, and then you would have seen that I could have no reason for desiring the death of this man, whose drunkenness made him his own worst enemy."
After this Hank Tims told all he knew, corroborating Mr. Willett, and boldly asserting that he was present when Mr. Willett paid the money to Tom Edwards.
Collins and Si Brill testified that they had known Hank "off and on" for many years, and that no man, up to this time had ever dared to say a word against his truthfulness or honesty.
"Wa'al," said the judge, when the evidence was all in, "I give it as my opinion, that them two men, Willett and Tims, kilt Tom Edwards. I don't believe thar stories for a minute. Men that commit crime will lie to hide it every time, and don't you gentlemen of the jury go for to make any mistake about it.
"Thar, that's all I've got to say. Now let the jury take thar time and fetch in a verdict that'll suit all hands. I ain't got anythin' more to say. The evidence is all in, and so, till the time comes to say the prizners is guilty or innocent the trial is jest 'bout over."