The trial of Tennessee was conducted as fairly as was consistent with a judge and jury who felt themselves to some extent obliged to justify, in their verdict, the previous irregularities of arrest and indictment. The law of Sandy Bar was implacable, but not vengeful. The excitement and personal feeling of the chase were over; with Tennessee safe in their hands, they were ready to listen patiently to any defense, which they were already satisfied was insufficient. There being no doubt in their own minds, they were willing to give the prisoner the benefit of any that might exist. Secure in the hypothesis that he ought to be hanged on general principles, they indulged him with more latitude of defense than his reckless hardihood seemed to ask. The Judge appeared to be more anxious than the prisoner, who, otherwise unconcerned, evidently took a grim pleasure in the responsibility he had created. “I don’t take any hand in this yer game,” had been his invariable but good-humored reply to all questions. The Judge—who was also his captor—for a moment vaguely regretted that he had not shot him “on sight” that morning, but presently dismissed this human weakness as unworthy of the judicial mind. Nevertheless, when there was a tap at the door, and it was said that Tennessee’s Partner was there on behalf of the prisoner, he was admitted at once without question. Perhaps the younger members of the jury, to whom the proceedings were becoming irksomely thoughtful, hailed him as a relief.
For he was not, certainly, an imposing figure. Short and stout, with a square face, sunburned into a preternatural redness, clad in a loose duck “jumper” and trousers streaked and splashed with red soil, his aspect under any circumstances would have been quaint, and was now even ridiculous. As he stooped to deposit at his feet a heavy carpetbag he was carrying, it became obvious, from partially developed legends and inscriptions, that the material with which his trousers had been patched had been originally intended for a less ambitious covering. Yet he advanced with great gravity, and after shaking the hand of each person in the room with labored cordiality, he wiped his serious perplexed face on a red bandana handkerchief, a shade lighter than his complexion, laid his powerful hand upon the table to steady himself, and thus addressed the Judge:—
“I was passin’ by,” he began, by way of apology, “and I thought I’d just step in and see how things was gittin’ on with Tennessee thar,—my pardner. It’s a hot night. I disremember any sich weather before on the Bar.”
He paused a moment, but nobody volunteering any other meteorological recollection, he again had recourse to his pocket-handkerchief, and for some moments mopped his face diligently.
“Have you anything to say on behalf of the prisoner?” said the Judge finally.
“Thet’s it,” said Tennessee’s Partner, in a tone of relief. “I come yar as Tennessee’s pardner,—knowing him nigh on four year, off and on, wet and dry, in luck and out o’ luck. His ways ain’t aller my ways, but thar ain’t any p’ints in that young man, thar ain’t any liveliness as he’s been up to, as I don’t know. And you sez to me, sez you,—confidential-like, and between man and man,—sez you, ‘Do you know anything in his behalf?’ and I sez to you, sez I,—confidential-like, as between man and man,—‘What should a man know of his pardner?’”
“Is this all you have to say?” asked the Judge impatiently, feeling, perhaps, that a dangerous sympathy of humor was beginning to humanize the court.
“Thet’s so,” continued Tennessee’s Partner. “It ain’t for me to say anything agin’ him. And now, what’s the case? Here’s Tennessee wants money, wants it bad, and doesn’t like to ask it of his old pardner. Well, what does Tennessee do? He lays for a stranger, and he fetches that stranger; and you lays for him, and you fetches him; and the honors is easy. And I put it to you, bein’ a fa’r-minded man, and to you, gentlemen all, as fa’r-minded men, ef this isn’t so.”
“Prisoner,” said the Judge, interrupting, “have you any questions to ask this man?”
“No! no!” continued Tennessee’s Partner hastily. “I play this yer hand alone. To come down to the bed-rock, it’s just this: Tennessee, thar, has played it pretty rough and expensive-like on a stranger, and on this yer camp. And now, what’s the fair thing? Some would say more, some would say less. Here’s seventeen hundred dollars in coarse gold and a watch,—it’s about all my pile,—and call it square!” And before a hand could be raised to prevent him, he had emptied the contents of the carpetbag upon the table.