In a few minutes Tomah entered the room, and, readily comprehending,—from a knowledge of the usages of courts he had obtained during his residence in the villages of the whites,—what was expected of him, now demurely advanced in front of the magistrate, raised his hand, and received the oath of a witness. He was then shown the lot of furs that had been identified by the hunters present, his attention directed to the peculiar marks by which part of them had been distinguished, and he was asked if he had ever seen these furs, and noticed the marks on them, before.
"Yes, think so," replied Tomah, quietly, as he rapidly handled every large skin, and each parcel of the smaller ones, keenly noting the palpable marks shown him on the former, and every tie confining together the latter. "Yes; here bullet-holes on otter; slit on this beaver; cropt ear on that; little fat back of fore-legs on rest of beaver; wickape strings on that bunch sable; elm-bark tie on that; and beech twigs on that. Yes, seen 'em all."
"Where? And how do you know the furs? Tell the court all about it," said
Gaut's lawyer, as an exultant smile played over his sardonic features.
"Well, now," calmly and with his usual passionless cast of countenance replied Tomah, after a considerable pause; "well, this lot of skins all taken from the great lot taken by our company up round the great lakes, this fall. I come back to settlement, three, four, five days, may be, 'fore the rest; to see to moose, train him for Boston, and make sled; wanted my part of furs to sell right off, to bear expenses, and get off on journey soon. Mr. Gurley, then, after while, said he venture to divide off to me greater part of what I would get for my share of skins then got into the great camp. So he do it; and I take my part, just this lot you show me here, and steer off with them to Bethel; but, 'fore got quite there, come cross pedlar and sold them cheap, for money, and go right back to Mr. Gurley's, where moose was. Found Mr. Gurley home, too; said he left all furs safe in camp; come for provisions to carry back, to hunt one, two weeks longer; but storm come, and he stayed to home, and soon heard all the men got home, too; big storm, bad; I no start for Boston yet, but most ready; go soon, get heap of money for moose, certain."
The counsel for the prosecution and his clients—on hearing such a piece of testimony from a witness whom they themselves would have summoned, but for the belief that he would be so much under the influence and training of Gaut, that little could be drawn from him making against the latter—were taken so completely by surprise, by the unexpected denouement, that they all sat mute and dumb-founded for some moments; both lawyer and clients being scarcely able to credit their own senses, and each hoping that the other had discovered some flaw in the testimony, by which it could be picked to pieces. But no such flaw or discrepancy could be discovered; and the testimony, after the severe and prolonged cross-examination to which it was subjected by the rallying and desperate attorney, remained wholly unshaken, in every material part, standing out, in all its decisive force and effect, for the exclusive benefit of the respondent. Every person in the room, indeed, at length became convinced that the young Indian had told the truth, and that he could know nothing of Gaut's guilt, though unconciously made a witness in his favor; with the view, probably, of meeting just such an exigency as had occurred in the present prosecution.
The attorney for the prosecution, then, it being agreed to submit the case on the testimony now in, made a long and ingenious speech, abandoning the matter of the identified furs; dwelling largely on Gaut's dimly-hinted proposals to Elwood to join in the crime; and, on the ground that he was the only person in a situation to burn and rob the camp, raising the violent presumption that he must have perpetrated the double crime.
Gaut's lawyer then rose, with a confident and exultant air, and said he might, with the best reason in the world, make a plea to the jurisdiction of the court, since he had discovered that the camp which was alleged to have been burnt was situated some miles within the boundary of Maine; that no New Hampshire magistrate, of course, could take jurisdiction of the case; and, that the respondent, on that ground alone, must be at once discharged, if he wished it. But he did not wish it. He courted a trial and decision, on the merits of the cases which, after briefly urging the strong points of the defence, he submitted to the court.
Tomah's testimony had settled the case; and, though nearly every one in the room, probably, were deeply impressed with suspicions of Gaut's guilt, yet all felt that the evidence was not sufficient for a legal conviction. And they were not surprised, therefore, when the court, after briefly commenting on the testimony, pronounced the full discharge of the prisoner.
"Ha, ha!" exclaimed Gaut, with a laugh so inconceivably devilish that his own lawyer, even, recoiled at the sound. "Ha, ha!" he repeated, with a smile on his lips, made ghastly by the fires of concentrated malice that shot from his eyes. "Wouldn't my good friends, here, like to try this game again?"
"Yes," boldly retorted the hunter. "Yes, and we shall, with evidence Heaven will direct us where to find. Your time hasn't come. But it will come! God ain't dead yet!"