As he drove through the streets, Lowell was conscious of a change in public feeling. The prisoners in the automobile were eyed curiously, but without hatred. In fact, Jim McFann's killing of Talpers, which had been given all sorts of dramatic renditions at camp-fires and firesides, had raised that worthy to the rank of hero in the eyes of the majority. Also the coming of Fire Bear, as he had promised, sent up the Indian's stock. As Lowell took his men to the court-room he saw bets paid over by men who had wagered that Fire Bear would not keep his word and that he would have to be brought to the court-room by force.
The court-house yard could not hold the overflow of spectators from the court-room. The crowd was orderly, though there was a tremendous craning of necks when the prisoners were brought in, to see the man who had killed so redoubtable a gunman as Bill Talpers. Getting a jury was merely a matter of form, as no challenges were made. The trial opened with Fire Bear on the stand.
The young Indian added nothing to the testimony he had given at his preliminary hearing. He told, briefly, how he and his followers had found the body beside the Dollar Sign road. The prosecuting attorney was quick to sense a difference in the way the Indian's story was received. When he had first told it, disbelief was evident. Today it seemed to be impressing crowd and jury as the truth.
The same sentiment seemed to be even more pronounced when Jim McFann took the stand, after Fire Bear's brief testimony was concluded without cross-examination. Audience and jury sat erect. Word was passed out to the crowd that the half-breed was testifying. In the court-room there was such a stir that the bailiff was forced to rap for order.
The prosecuting attorney, seeing the case slipping away from him, was moved to frantic denunciations. He challenged McFann's every statement.
"You claim that you had lost your lariat and were looking for it. Also that you came upon this dead body, with your rope used to fasten the murdered man to stakes that had been driven into the prairie?" sneered the attorney.
"Yes;" said McFann.
"And you claim that you were frightened away by the arrival of Fire Bear and his Indians before you had a chance to remove the rope?"
"Yes; but I want to add something to that statement," said the half-breed.
"All right—what is it?"