"Swear the jurors!" he said, and holding up their rope-scarred hands and looking coldly across the room at the alleged rustler, the twelve cowmen swore to abide by the law and the evidence and a true verdict find. Then the district attorney pulled his notes from his hip-pocket as a man might draw a deadly weapon and began his opening statement to the jury.
"Your Honor and gentlemen of the jury," he said, "in the case of the People of the Territory of Arizona versus Pecos Dalhart, we shall show that on or about the eighth day of May the said Pecos Dalhart did wilfully, feloniously, and unlawfully pursue, rope, and brand a calf, said calf being the property of Isaac Crittenden of Verde Crossing, Territory of Arizona; that the said Pecos Dalhart was arrested and, upon being taken before a magistrate, he did plead 'Not guilty' and was held for the grand jury, which handed down an indictment against him; that upon being arraigned before the judge he did plead 'Not guilty' and was remanded for trial upon the crime charged in the indictment, to wit:—that he did feloniously and unlawfully mark, brand, or alter the brand on a neat animal, to wit, one red-and-white spotted calf, said calf being the property of Isaac Crittenden, of Verde Crossing, Territory of Arizona, contrary to the form, force, and effect of the statute in such case made and provided and against the peace and dignity of the People of the Territory of Arizona. Mr. Crittenden, will you please take the stand!"
All the other witnesses had been relegated to the jury-room, where they would be beyond the sound of the court, but being the complaining witness Isaac Crittenden was entitled to remain and he sat just behind the district attorney, fumbling with the high collar that galled his scrawny neck and rolling his evil eye upon the assemblage. As he rose up from his place and mounted the witness stand a rumble of comment passed through the hall and the sheriff struck his gavel sharply for order.
"Swear the witness, Mr. Clerk," directed the judge, and raising his right hand in the air Isaac Crittenden rose and faced the court, looking a trifle anxious and apprehensive, as befits one who is about to swear to a lie. Also, not being used to actions in court, he entertained certain illusions as to the sanctity of an oath, illusions which were, however, speedily banished by the professional disrespect of the clerk. Reaching down under the table for a penholder which he had dropped and holding one hand weakly above his head he recited with parrot-like rapidity the wearisome formula of the oath:—"Do you solemnly swear that the evidence you are about to give in the case of the People versus Pecos Dalhart shall be the truth, the whole truth, and nothing but the truth, s'elpyougod?"
Crittenden blinked his good eye and sat down. There was nothing very impressive about the proceeding, but all the same he was liable for perjury.
"Calling your attention to the eighth day of May, of the present year, where were you on that day, Mr. Crittenden?" It was the first gun in the real engagement and the surging crowd about the doors quit scrouging for a view and poised their heads to listen. The voice of the district attorney was very quiet and reassuring, and Isaac Crittenden, taking his cue, answered with the glib readiness of a previous understanding.
"I was gathering cattle with my cowboys near my ranch at Verde Crossing."
"And upon returning to your home did you encounter any one in the deep arroyo which lies above your ranch?"