His wife lay very still; she scarcely seemed to breathe. What if she should never breathe again, but die as the old Sue he knew, the lanky girl he had married, unchanged and uncontaminated? It would be better than this. Yet at the same moment the picture was before him of her pretty simulation of the barkeeper, of her white bared arms and laughing eyes, all so new, so fresh to him! He tried to listen to the slow ticking of the clock, the occasional stirring of air through the house, and the movement, like a deep sigh, which was the regular, inarticulate speech of the lonely plain beyond, and quite distinct from the evening breeze. He had heard it often, but, like so many things he had learned that day, he never seemed to have caught its meaning before. Then, perhaps, it was his supine position, perhaps some cumulative effect of the whiskey he had taken, but all this presently became confused and whirling. Out of its gyrations he tried to grasp something, to hear voices that called him to “wake,” and in the midst of it he fell into a profound sleep.

The clock ticked, the wind sighed, the woman at his side lay motionless for many minutes.

Then the deputy on the kitchen floor rolled over with an appalling snort, struggled, stretched himself, and awoke. A healthy animal, he had shaken off the fumes of liquor with a dry tongue and a thirst for water and fresh air. He raised his knees and rubbed his eyes. The water bucket was missing from the corner. Well, he knew where the spring was, and a turn out of the close and stifling kitchen would do him good. He yawned, put on his boots softly, opened the back door, and stepped out. Everything was dark, but above and around him, to the very level of his feet, all apparently pricked with bright stars. The bulk of the barn rose dimly before him on the right, to the left was the spring. He reached it, drank, dipped his head and hands in it, and arose refreshed. The dry, wholesome breath that blew over this flat disk around him, rimmed with stars, did the rest. He began to saunter slowly back, the only reminiscence of his evening's potations being the figure he recalled of his pretty hostess, with bare arms and lifted glasses, imitating the barkeeper. A complacent smile straightened his yellow mustache. How she kept glancing at him and watching him, the little witch! Ha! no wonder! What could she find in the surly, slinking, stupid brute yonder? (The gentleman here alluded to was his host.) But the deputy had not been without a certain provincial success with the fair. He was true to most men, and fearless to all. One may not be too hard upon him at this moment of his life.

For as he was passing the house he stopped suddenly. Above the dry, dusty, herbal odors of the plain, above the scent of the new-mown hay within the barn, there was distinctly another fragrance,—the smell of a pipe. But where? Was it his host who had risen to take the outer air? Then it suddenly flashed upon him that Beasley did NOT smoke, nor the constable either. The smell seemed to come from the barn. Had he followed out the train of ideas thus awakened, all might have been well; but at this moment his attention was arrested by a far more exciting incident to him,—the draped and hooded figure of Mrs. Beasley was just emerging from the house. He halted instantly in the shadow, and held his breath as she glided quickly across the intervening space and disappeared in the half-opened door of the barn. Did she know he was there? A keen thrill passed over him; his mouth broadened into a breathless smile. It was his last! for, as he glided forward to the door, the starry heavens broke into a thousand brilliant fragments around him, the earth gave way beneath his feet, and he fell forward with half his skull shot away.

Where he fell there he lay without an outcry, with only one movement,—the curved and grasping fingers of the fighter's hand towards his guarded hip. Where he fell there he lay dead, his face downwards, his good right arm still curved around across his back. Nothing of him moved but his blood,—broadening slowly round him in vivid color, and then sluggishly thickening and darkening until it stopped too, and sank into the earth, a dull brown stain. For an instant the stillness of death followed the echoless report, then there was a quick and feverish rustling within the barn, the hurried opening of a window in the loft, scurrying footsteps, another interval of silence, and then out of the farther darkness the sounds of horse-hoofs in the muffled dust of the road. But not a sound or movement in the sleeping house beyond.

The stars at last paled slowly, the horizon lines came back,—a thin streak of opal fire. A solitary bird twittered in the bush beside the spring. Then the back door of the house opened, and the constable came forth, half-awakened and apologetic, and with the bewildered haste of a belated man. His eyes were level, looking for his missing leader as he went on, until at last he stumbled and fell over the now cold and rigid body. He scrambled to his feet again, cast a hurried glance around him,—at the half-opened door of the barn, at the floor littered with trampled hay. In one corner lay the ragged blouse and trousers of the fugitive, which the constable instantly recognized. He went back to the house, and reappeared in a few moments with Ira, white, stupefied, and hopelessly bewildered; clear only in his statement that his wife had just fainted at the news of the catastrophe, and was equally helpless in her own room. The constable—a man of narrow ideas but quick action—saw it all. The mystery was plain without further evidence. The deputy had been awakened by the prowling of the fugitive around the house in search of a horse. Sallying out, they had met, and Ira's gun, which stood in the kitchen, and which the deputy had seized, had been wrested from him and used with fatal effect at arm's length, and the now double assassin had escaped on the sheriff's horse, which was missing. Turning the body over to the trembling Ira, he saddled his horse and galloped to Lowville for assistance.

These facts were fully established at the hurried inquest which met that day. There was no need to go behind the evidence of the constable, the only companion of the murdered man and first discoverer of the body. The fact that he, on the ground floor, had slept through the struggle and the report, made the obliviousness of the couple in the room above a rational sequence. The dazed Ira was set aside, after half a dozen contemptuous questions; the chivalry of a Californian jury excused the attendance of a frightened and hysterical woman confined to her room. By noon they had departed with the body, and the long afternoon shadows settled over the lonely plain and silent house. At nightfall Ira appeared at the door, and stood for some moments scanning the plain; he was seen later by two packers, who had glanced furtively at the scene of the late tragedy, sitting outside his doorway, a mere shadow in the darkness; and a mounted patrol later in the night saw a light in the bedroom window where the invalid Mrs. Beasley was confined. But no one saw her afterwards. Later, Ira explained that she had gone to visit a relative until her health was restored. Having few friends and fewer neighbors, she was not missed; and even the constable, the sole surviving guest who had enjoyed her brief eminence of archness and beauty that fatal night, had quite forgotten her in his vengeful quest of the murderer. So that people became accustomed to see this lonely man working in the fields by day, or at nightfall gazing fixedly from his doorway. At the end of three months he was known as the recluse or “hermit” of Bolinas Plain; in the rapid history-making of that epoch it was forgotten that he had ever been anything else.

But Justice, which in those days was apt to nod over the affairs of the average citizen, was keenly awake to offenses against its own officers; and it chanced that the constable, one day walking through the streets of Marysville, recognized the murderer and apprehended him. He was removed to Lowville. Here, probably through some modest doubt of the ability of the County Court, which the constable represented, to deal with purely circumstantial evidence, he was not above dropping a hint to the local Vigilance Committee, who, singularly enough, in spite of his resistance, got possession of the prisoner. It was the rainy season, and business was slack; the citizens of Lowville were thus enabled to give so notorious a case their fullest consideration, and to assist cheerfully at the ultimate hanging of the prisoner, which seemed to be a foregone conclusion.

But herein they were mistaken. For when the constable had given his evidence, already known to the county, there was a disturbance in the fringe of humanity that lined the walls of the assembly room where the committee was sitting, and the hermit of Bolinas Plain limped painfully into the room. He had evidently walked there: he was soaked with rain and plastered with mud; he was exhausted and inarticulate. But as he staggered to the witness-bench, and elbowed the constable aside, he arrested the attention of every one. A few laughed, but were promptly silenced by the court. It was a reflection upon its only virtue,—sincerity.

“Do you know the prisoner?” asked the judge.