231CHAPTER XXVI
THE COURSE OF THE LAW
As he lay in his cell in the county jail at Moroni it was borne in upon Denver that he was caught in some great machine that ground out men as a mill grinds grain. It had laid a cold hand on him in the person of an officer of the law, it had inched him on further when a magistrate had examined him and Chatwourth and his jumpers had testified; and now, as he awaited his day in court, he wondered whither it was taking him. The magistrate had held him, the grand jury had indicted him–would the judge and jury find him guilty? And if so, would they send him to the Pen? His heart sank at that, for the name of “ex-convict” is something that cannot be laid. No matter what the crime or the circumstances of the trial, once a man is convicted and sent to prison that name can always be hurled at him–and Denver knew that he was not guilty.
He had no recollection of even drawing his gun, to say nothing of striking at Meacham; and yet Chatwourth and his gang would swear him into prison if something was not done to stop them. They had come before the magistrate all agreeing 232to the same story–that Denver had picked a fight with his old enemy, Meacham, and struck him over the head with his six-shooter. And then they showed Denver’s pistol; the one he had borrowed from Bunker, all gory with hair and blood. It was a frame-up and he knew it, for they had all been striking at him and one of them had probably hit Meacham; but how was he to prove to the satisfaction of the court that Murray’s hired gun-men were trying to hang him? His only possible witness was Professor Diffenderfer, and he would not testify to anything.
In his examination before the magistrate Denver had called upon the Professor to explain the cause of his being there; but Diffenderfer had protested that he had been hiding in his cabin and knew nothing whatever about the fight. Yet if the facts could be proved, Denver had not gone up the street to shoot it out with the jumpers; he had gone at the invitation of this same Professor Diffenderfer who now so carefully avoided his eye. He had been called to the Professor’s cabin to look at a specimen of the copper from Murray’s tunnel; but as Denver thought it over a shrewd suspicion came over him that he had been lured into a well-planned trap. They had never been over-friendly so why should this Dutchman, after opposing him at every turn, suddenly beckon him up the street and into his cabin just as Chatwourth and his gang came down? And why, if he was innocent of any share in the plot, did Diffenderfer refuse to testify to the facts? 233Denver ground his teeth at the thought of his own impotence, shut up there like a dog in the pound. He was helpless, and his lawyer would do nothing.
The first thing he had done when he was brought to Moroni was to hire a second-rate lawyer but, after getting his money, the gentleman had spent his time in preparing some windy brief. What Denver needed was some witnesses, to swear to his good character, and Diffenderfer to swear to the facts; and no points of law were going to make a difference as long as the truth was suppressed. Old Bunk alone stood by him, though he could do little besides testifying to his previous good character. Day after day Denver lay in jail and sweated, trying to find some possible way out; but not until the morning before his trial did he sense the real meaning of it all. Then a visitor was announced and when he came to the bars he found Bible-Back Murray awaiting him.
“Good morning, young man,” began Murray smiling grimly, “I was just passing by and I thought I’d drop in and talk over your case for a moment.”
“Yes?” said Denver looking out at him dubiously, and the great man smiled again. He was a great man, as Denver had discovered to his sorrow, for no one in the country dared oppose him.
“I regret very much,” went on Murray pompously, “to find you in this position, and if there’s anything I can do that is just and right I shall be glad to use my influence. We have, as you know, here in the State of Arizona one of the most 234enlightened governments in the country; and a word from me, if spoken in time, might possibly save you from conviction. Or, in case of conviction, our prison law is such that you might immediately be released under parole. But before I take any action─” he lowered his voice–“you might give me a quit-claim for that mine.”
“Oh” said Denver, and then it was that the great ray of light came over him. He could see it all now, from Murray’s first warning to this last bold demand for his mine; but two months in jail had broken his spirit and he hesitated to defy the county boss. His might be the hand that held Diffenderfer back, and it certainly was the one that paid Chatwourth; he controlled the county and, if what he said was true, had no small influence in the affairs of the state. And now he gave him the choice between going to prison or giving up the Silver Treasure.
“What is this?” inquired Denver, “a hold-up or a frame-up?”