And as the crowd thickened and swayed to and fro, the story of his crime grew exaggerated by hurried and frequent repetition. Half a dozen speakers volunteered to give the details with an added horror to every sentence. How one of Morpher’s children had been missing for a week or more. How the schoolmaster and the parson were taking a walk that evening, and coming to Smith’s Pocket heard a faint voice from its depths which they recognized as belonging to the missing child. How they had succeeded in dragging him out and gathered from his infant lips the story of his incarceration by the murderer, Waters, and his enforced labors in the mine. How they were interrupted by the appearance of Waters, followed by a highly colored and epithet-illustrated account of the interview and quarrel. How Waters struck the schoolmaster, who returned the blow with a pick. How Waters thereupon drew a derringer and fired, missing the schoolmaster, but killing McSnagley behind him. How it was believed that Waters was one of Joaquin’s gang, that he had killed Smith, etc., etc. At each pause the crowd pushed and panted, stealthily creeping around the doors and windows of the jail like some strange beast of prey, until the climax was reached, and a hush fell, and two men were silently dispatched for a rope, and a critical examination was made of the limbs of a pine-tree in the vicinity.
The man to whom these incidents had the most terrible significance might have seemed the least concerned as he sat that night but a few feet removed from the eager crowd without, his hands lightly clasped together between his knees, and the expression on his face of one whose thoughts were far away. A candle stuck in a tin sconce on the wall flickered as the night wind blew freshly through a broken pane of the window. Its uncertain light revealed a low room whose cloth ceiling was stained and ragged, and from whose boarded walls the torn paper hung in strips; a lumber-room partitioned from the front office, which was occupied by a justice of the peace. If this temporary dungeon had an appearance of insecurity, there was some compensation in the spectacle of an armed sentinel who sat upon a straw mattress in the doorway, and another who patrolled the narrow hall which led to the street. That the prisoner was not placed in one of the cells in the floor below may have been owing to the fact that the law recognized his detention as only temporary, and while providing the two guards as a preventive against the egress of crime within, discreetly removed all unnecessary and provoking obstacles to the ingress of justice from without.
Since the prisoner’s arrest he had refused to answer any interrogatories. Since he had been placed in confinement he had not moved from his present attitude. The guard, finding all attempts at conversation fruitless, had fallen into a reverie, and regaled himself with pieces of straw plucked from the mattress. A mouse ran across the floor. The silence contrasted strangely with the hum of voices in the street.
The candle-light, falling across the prisoner’s forehead, showed the features which Smith’s Pocket knew and recognized as Waters, the strange prospector. Had M’liss or Aristides seen him then they would have missed that sinister expression which was part of their fearful remembrance. The hard, grim outlines of his mouth were relaxed, the broad shoulders were bent and contracted, the quick, searching eyes were fixed on vacancy. The strong man—physically strong only—was breaking up. The fist that might have felled an ox could do nothing more than separate its idle fingers with childishness of power and purpose. An hour longer in this condition, and the gallows would have claimed a figure scarcely less limp and impotent than that it was destined to ultimately reject.
He had been trying to collect his thoughts. Would they hang him? No, they must try him first, legally, and he could prove—he could prove—But what could he prove? For whenever he attempted to consider the uncertain chances of his escape, he found his thoughts straying wide of the question. It was of no use for him to clasp his fingers or knit his brows. Why did the recollection of a school-fellow, long since forgotten, blot out all the fierce and feverish memories of the night and the terrible certainty of the future? Why did the strips of paper hanging from the wall recall to him the pattern of a kite he had flown forty years ago. In a moment like this, when all his energies were required and all his cunning and tact would be called into service, could he think of nothing better than trying to match the torn paper on the wall, or to count the cracks in the floor? And an oath rose to his lips, but from very feebleness died away without expression.
Why had he ever come to Smith’s Pocket? If he had not been guided by that hell-cat, this would not have happened. What if he were to tell all he knew? What if he should accuse her? But would they be willing to give up the bird they had already caught? Yet he again found himself cursing his own treachery and cowardice, and this time an exclamation burst from his lips and attracted the attention of the guard.
“Hello, there! easy, old fellow; thar ain’t any good in that,” said the sentinel, looking up. “It’s a bad fix you’re in, sure, but rarin’ and pitchin’ won’t help things. ’T ain’t no use cussin’—leastways, ’t ain’t that kind o’ swearing that gets a chap out o’ here”, he added, with a conscientious reservation. “Now, ef I was in your place, I’d kinder reflect on my sins, and make my peace with God Almighty, for I tell you the looks o’ them people outside ain’t pleasant. You’re in the hands of the law, and the law will protect you as far as it can,—as far as two men can stand agin a hundred; sabe? That’s what’s the matter; and it’s as well that you knowed that now as any time.”
But the prisoner had relapsed into his old attitude, and was surveying the jailor with the same abstracted air as before. That individual resumed his seat on the mattress, and now lent his ear to a colloquy which seemed to be progressing at the foot of the stairs. Presently he was bailed by his brother turnkey from below.
“Oh, Bill,” said fidus Achates from the passage, with the usual Californian prefatory ejaculation.
“Well?”