The evidence against Shannon was less convincing. A motive had been established in Crumb’s knowledge of her past life and the malign influence that he had had upon it. The testimony of the camp flunky who had seen her obliterating what evidence the trail might have given in the form of hoofprints constituted practically the only direct evidence that was brought against her. It seemed to Custer that the gravest charge that could justly be brought against her was that of accessory after the fact, provided the jury was convinced of his guilt.
Many witnesses testified, giving evidence concerning apparently irrelevant subjects. It was brought out, however, that Crumb died from the effects of a wound inflicted by a forty-five-caliber pistol, that Custer Pennington possessed such a weapon, and that at the time of his arrest it had been found in its holster, with its cartridge belt, thrown carelessly upon his bed.
When Shannon Burke took the stand, all eyes were riveted upon her. They were attracted not only by her youth and beauty, but also by the morbid interest which the frequenters of court rooms would naturally feel in the disclosure of the life she had led at Hollywood. Even to the most sophisticated it appeared incredible that this refined girl, whose soft, well modulated voice and quiet manner carried a conviction of innate modesty, could be the woman whom Slick Allen’s testimony had revealed in such a rôle of vice and degradation.
Allen’s eyes were fastened upon her with the same intent and searching expression that had marked his attitude upon the occasion of his last visit to the Vista del Paso bungalow, as if he were trying to recall the identity of some half forgotten face.
Though Shannon gave her evidence in a simple, straightforward manner, it was manifest that she was undergoing an intense nervous strain. The story that she told, coming as it did out of a clear sky, unguessed either by the prosecution or by the defense, proved a veritable bombshell to them both. It came after it had appeared that the last link had been forged in the chain that fixed the guilt upon Custer Pennington. She had asked, then, to be permitted to take the stand and tell her story in her own way.
“I did not see Mr. Crumb,” she said, “from the time I left Hollywood on the 30th of July, last year, until the afternoon before he was killed; nor had I communicated with him during that time. What Mr. Allen told you about my having been a drug addict was true, but he did not tell you that Crumb made me what I was, or that after I came to Ganado to live I overcame the habit. I did not live with Crumb as his wife. He used me to peddle narcotics for him. I was afraid of him, and did not want to go back to him. When I left, I did not even let him know where I was going.
“The afternoon before he was killed I met him accidentally in the patio of Colonel Pennington’s home. The Penningtons had no knowledge of my association with Crumb. I knew that they wouldn’t have tolerated me, had they known what I had been. Crumb demanded that I should return to him, and threatened to expose me if I refused. I knew that he was going to be up in the cañon that night. I rode up there and shot him. The next morning I went back and attempted to obliterate the tracks of my horse, for I had learned from Custer Pennington that it is sometimes easy to recognize individual peculiarities in the tracks of a shod horse. That is all, except that Mr. Pennington had no knowledge of what I did, and no part in it.”
Momentarily her statement seemed to overthrow the State’s case against Pennington; but that the district attorney was not convinced of its truth was indicated by his cross-examination of her and other witnesses, and later by the calling of new witnesses. They could not shake her testimony, but on the other hand she was unable to prove that she had ever possessed a forty-five-caliber pistol, or to account for what she had done with it after the crime.
During the course of her cross-examination many apparently unimportant and irrelevant facts were adduced, among them the name of the Middle Western town in which she had been born. This trivial bit of testimony was the only point that seemed to make any impression on Allen. Any one watching him at the moment would have seen a sudden expression of incredulity and consternation overspread his face, the hard lines of which slowly gave place to what might, in another, have suggested a semblance of grief.
For several minutes he sat staring intently at Shannon. Then he crossed to the side of her attorney, and whispered a few words in the lawyer’s ear. Receiving an assent to whatever his suggestion might have been, he left the court room.