Gaut Gurley; Or, the Trappers of Umbagog: A Tale of Border Life

by Daniel P. Thompson

CHAPTER XXI.

"So those two voices met; so Joy and Death
Mingled their accents; and, amidst the rush
Of many thoughts, the listening poet cried,
O! thou art mighty, thou art wonderful,
Mysterious Nature! Not in thy free range
Of woods and wilds alone, thou blendest thus
The dirge note and the song of festival;
But in one heart, one changeful human heart,—
Ay, and within one hour of that strange world,—
Thou call'st their music forth, with all its tones
To startle and to pierce!—the dying Swan's,
And the glad Sky-lark's,—Triumph and Despair!"

Our tale is running rapidly to a close, and we must no more loiter to gather flowers by the wayside, but depict the events which now come thickly crowding together to make up the mingled catastrophe.

When the sheriff and his scores of exulting assistants reached the village with their prisoner,—the desperate villain, whom they had, with so much difficulty and danger, dislodged and seized in his rocky den in the mountains,—the latter requested a postponement of his examination till the afternoon of the next day, that he might have time to send for, and obtain, his lawyer. This request was the more readily granted, as the party sent up the lakes with Moose-killer, for more evidence, had not yet returned, and as their expected discoveries, or at least their presence with those already made, might and would be required to fasten the crime, in law, on the undoubted criminal. The court, therefore, was adjourned to an indefinite hour the next afternoon; and the crowd, except the court, its officers, and those from a distance, dispersed to assemble, the next day, with increased numbers, to witness the final disposal of one who had now become, in the minds of all, the monster outlaw of the settlement. The prisoner was then taken to an adjoining old and empty log-house, a straw-bed laid on the floor for him, and a strong guard placed over him, both within and around the house without; so that, being constantly under the eyes of vigilant, well-armed men, there should be no possibility of his escape, either by his own exertions, or by the aid of secret accomplices. And these precautions being faithfully observed, the night wore away without alarm, or any kind of disturbance. The fore part of the succeeding day also passed, though people soon began to pour into the village from all quarters, with singular quietness,—all seeming to be oppressed with that deep feeling of hushed expectation which may often be seen to predispose men to a sort of restless silence, on the known eve of an exciting event. And, through the whole of it, no incident or circumstance transpired affecting the great interest of the occasion, till about noon; when the news spread that the anxiously-awaited party from the upper lakes were approaching. As they came up to the tavern, the now excited crowd quickly closed around them, and eagerly listened to their report. Of Claud Elwood, whom they had unknowingly passed and repassed, on their way up and down the lakes, while he was lying helpless in the secluded retreat to which his fair and devoted preserver had conveyed him, they had heard nothing, seen nothing, and discovered no clues by which his locality or fate could be traced or conjectured. But they had visited, and carefully examined, the place pointed out by Moose-killer as the one where Mark Elwood was supposed to have been slain; and, although they had failed to find the body on the land, or in the lake, with the best means they could command for dragging it, and although time had measurably effaced the traces by which the sagacious Indian had judged of the suspected deed, yet every appearance went to confirm the strict accuracy of his previous account. And, in addition, they at last found, slightly imbedded in the bark of a tree, in the range of the path, and a short distance to the south of the spot, a rifle bullet, which had evidently been, before striking the tree, smeared with a bloody substance, and also slightly flattened, as it might naturally have been, in striking a bone, on its way through a man's body. This seemed to establish, as a fact, the commission of a murder; but on whom committed was still left a debatable question. The movers of the prosecution had hoped, through this mission up the lakes, to obtain evidence which would conclusively establish the guilt of the prisoner. But, to effect this, and thus insure his conviction, something more conclusive was still obviously wanting. And it was then that the indefatigable hunter made, as the reader has already been apprised, his last rapid but fruitless journey to the chief's residence, in the hope that his mysteriously absent daughter might have returned with discoveries that would complete the chain of evidence. He having come back, however, without accomplishing any part of his object, and the prisoner's counsel having arrived, and, after a consultation with his client, become strangely clamorous to proceed at once to the examination, they finally concluded to go into the hearing with the presumptive evidence in possession, and, backing it with the showing of Gaut's previously suspicious character, for which they were now well prepared, call themselves willing to abide the result. All this being now settled, the court was declared open, and the counsel for the prosecution was requested to proceed with the case.

After the attorney for the prosecution had read the papers on which it was founded, and made a statement of what was expected to be proved in its support, the witnesses in that behalf were called and sworn. The first testimony introduced was that of Codman and others, to show the deep malice and implied threats of revenge which the prisoner had so clearly exhibited towards the supposed murdered man, in the prosecution of which the latter was a principal mover, the winter before. But this evidence, when sifted by the long and severe cross-examination that followed, and found to consist, instead of definite words, almost wholly of menacing looks and other silent demonstrations of rage, which are ever extremely difficult to bring out in words with their original effect, amounted to so little that the prisoner's counsel attempted to turn it into ridicule with considerable show of success. Testimony in relation to the canoe of the Elwoods, recently found washed up among the rapids, which was next introduced, was found, when tested in the same way, in despite of the opinions of the practical boatmen who were the witnesses, to be almost equally inconclusive of the prisoner's guilt; so much so, indeed, that his counsel seemed greatly inclined to appropriate it, as showing the probable manner in which the Elwoods, if they were not still both alive, had come to their end.

By this time,—as the court of inquiry was not opened till nearly sunset, and as the examinations, cross-examinations, and preliminary speeches of the opposing counsel, on disputed points of evidence, had been drawn out to seemingly almost interminable lengths,—by this time, it was nearly midnight; and the prosecuting party now proposed an adjournment till morning. But this was strenuously opposed by Gaut's lawyer, who, affecting to believe that the whole affair was a malicious prosecution growing out of the suit last winter, and got up by certain men who had banded together to revenge their defeat on that occasion, and ruin his client, boldly demanded that the prisoner should be discharged, or his conspiring enemies be compelled to proceed at once with "their sham prosecution," as he put on the face to call it.

This stand, which was obviously instigated by the prisoner himself, who narrowly watched the proceedings, and, from time to time, was seen whispering in the ear of his counsel, produced the desired effect: the motion was overruled, and the counsel for the prosecution told to go on with his evidence.

Moose-killer was then called on to the witnesses' stand, when, for the first time, Gaut exhibited evident feigns of uneasiness, and whispered something in the ear of his counsel, who thereupon rose and went into a labored argument against the admissibility of the evidence of an Indian, who was a pagan, and knew nothing about the God whose invocation constituted the sacred effect of the oath he had taken. But, on the questioning of the court, Moose-killer declared his full belief in the white Christian's God and Bible, and this objection was overruled, and the witness requested to proceed with his story.

The demure Indian, unmoved by the burning and vengeful eye of Gaut, which was kept constantly riveted upon him, then succinctly but clearly related all the facts, of which the reader has been apprised in the preceeding pages, in relation to the atrocious deed under investigation. And at the conclusion of his story he produced the bullet found imbedded in the tree, called attention to its smeared and flattened appearance, and then asked for the prisoner's rifle, to see whether it would fit in the bore. The rifle in question was then brought into court, the bullet applied to the muzzle, and pronounced an exact fit! A shout of exultation burst from the crowd, and in a tone so significant of the public feeling, and of their unanimous opinion on this point, that for a moment both the prisoner and his counsel were completely disconcerted. But, soon rallying, the latter started to his feet, and, having summoned back to its place his usual quantum of brass, demanded "the privilege of just looking at that rifle they were all making such a fuss about." It was accordingly handed to him; when, after noticing the size of the bore, which was a common one, and then glancing at some other rifles held in the hands of different spectators, he confidently requested that the first half-dozen rifles to be found among the crowd should be brought on to the stand. Five of the designated number were soon gathered and brought forward; and it was found, in the comparison, that three of them were of the same bore as that of Gaut, and that the ball in question would fit one as well as another.

"There! what has become of your bullet evidence now?" sneeringly exclaimed the exulting attorney. "Wondrous conclusive, a'n't it? But, as weak as the whole story is, I will make it still weaker. It is my turn with you now, my foxy red friend," he added, settling back in his seat to commence his cross-examination.