The hearing was to be held in the little court-room presided over by Judge Garford, who had been a figure at Vigilante trials in early days and who was a unique personification of kindliness and firmness. Both prisoners had refused counsel, nor had any confession materialized, as Tom Redmond had prophesied. McFann had spent most of his time cursing all who had been concerned in his arrest. Talpers had called on him again, and had whispered mysteriously through the bars:
"Don't worry, Jim. If it comes to a showdown, I'll be there with evidence that'll clear you flyin'."
As a matter of fact, Talpers intended to play a double game. He would let matters drift, and see if McFann did not get off in the ordinary course of events. Meantime the trader would use his precious possession, the letter written by Helen Ervin, to terrify the girl. In case the girl proved defiant, why, then it would be time to produce the letter as a law-abiding citizen should, and demand that the searchlight of justice be turned on the author of a missive apparently so directly concerned with the murder. If it so happened that the letter in his hands proved to be a successful weapon, and if Bill Talpers were accepted as a suitor, he would let the matter drop, so far as the authorities were concerned—and Jim McFann could drop with it. If the half-breed were to be sacrificed when a few words from Bill Talpers might save him, so much the worse for Jim McFann! The affairs of Bill Talpers were to be considered first of all, and there was no need of being too solicitous over the welfare of any mere cat's-paw like the half-breed.
If Jim McFann had known what was passing in the mind of the trader, he would have torn his way out of jail with his bare hands and slain his partner in bootlegging. But the half-breed took Talpers's fair words at face value and faced his prospects with a trifle more of equanimity.
Fire Bear continued to view matters with true Indian composure. He had made no protestations of innocence, and had told Lowell there was nothing he wanted except to get the hearing over with as quickly as possible. The young Indian, to Lowell's shrewd eye, did not seem well. His actions were feverish and his eyes unnaturally bright. At Lowell's request, an agency doctor was brought and examined Fire Bear. His report to Lowell was the one sinister word: "Tuberculosis!"
When the men were brought into the court-room a miscellaneous crowd had assembled. Cowpunchers from many miles away had ridden in to hear what the Indian and "breed" had to say for themselves. The crowd even extended through the open doors into the hallway. Late comers, who could not get so much as standing room, draped themselves upon the stairs and about the porch and made eager inquiry as to the progress of affairs.
Helen Ervin rode in to attend the hearing, in response to an inner appeal against which she had struggled vainly. She met Lowell as she dismounted from the old white horse in front of the court-house. Lowell had called two or three times at the ranch, following their ride across the reservation. He had not gone into the house, but had merely stopped to get her assurance that everything was going well and that the sick man was steadily progressing toward convalescence.
"Why didn't you tell me you were coming over?" asked Lowell. "I would have brought you in my machine. As it is, I must insist on taking you back. I'll have Plenty Buffalo lead your pony back to the ranch when he returns to the agency."
"I couldn't help coming," said Helen. "I have a feeling that innocent men are going to suffer a great injustice. Tell me, do you think they have a chance of going free?"
"They may be held for trial," said Lowell. "No one knows what will be brought up either for or against them in the meantime."