“Cleaner than Borrowman,” said Jeff.
“And is, as you observe, much cleaner than Borrowman. He will prepare whatever the market affords. You have only to ask. And, while we are waiting, I will return to my story.”
“I was, as you so readily surmised, in the cab, together with my good friend, colleague and lieutenant, Mr. Sam Patterson. We had telephoned ahead to Krouse and Broderick that Tillotson was on his way. We were to be witnesses that Krouse acted purely in self-defense, you know—as, indeed, were also the cab driver and Broderick. Broderick was to hold himself in reserve and not to assist, except in case of mishap. We supposed that Krouse would kill Tillotson without difficulty. Krouse bungled. He inflicted three wounds, painful but not dangerous; including one which creased the scalp and produced unconsciousness.”
The man took such shameless delight in parading his wickedness that Jeff began to wonder if, after all, it would not have saved himself much difficulty if Broderick had killed him. But he set his mind like a flint to thwart this smiling monster at any cost.
The Judge went on: “Such was the distressing situation when I came up. Some men would have finished Tillotson on the spot. But I kept my presence of mind; I exercised admirable self-restraint. It would be but an instant before the aroused neighborhood would be on the street. We bundled you and your gun into the cab and the driver hurried you away to a certain rendezvous of ours. To have done with the driver, I will say at this time that he came in and gave his testimony the next day very effectively, fully confirming ours; accounting for his conduct by the very natural excuse that he was scared and so ran away lest he should be shot.
“The gun in Broderick’s right hand, you may remember, had not been fired. His stiffening fingers still held it. I picked up his other gun, unbuckled his belt, buckled it around Tillotson, and dropped Broderick’s empty gun by him. No more was needed. The populace found me caring for Captain Tillotson like a brother, pouring whisky down him—and thereby heaping coals of fire on his head.
“Now, as to our evidence. As you may readily guess, we were driving by when the trouble began. We saw Captain Tillotson when he fired the first shot, killing Broderick with it. He continued to shoot after Broderick dropped; Krouse, defending his friend, was killed also, wounding Tillotson, who kept on shooting blindly after he fell. The circumstantial evidence, too, was damning, and bore us out in every respect. Broderick, a man of deadly quickness, had been killed before he could shoot. Tillotson had emptied one gun and fired four shots from the other; his carrying two guns pointed toward deliberate, fore-planned murder. The marks on the houses, made by a number of his wild bullets, were in a line directly beyond Broderick’s body from where Tillotson lay. Broderick was between you and the others, you know,” explained the Judge parenthetically. “But as nothing is known of you, the marks of Broderick’s bullets are supposed to be made by Tillotson’s—incontrovertible evidence that he began the fighting.”
Nothing could have been more hateful, more revolting, than this bland, smiling complacency: Jeff’s fingers itched to be at his throat. It became clear to him that either this man would be his death, or, which was highly improbable, the other way about. His resolution hardened; he began to have visions of this smiling face above a noose.
“When Tillotson regained consciousness he told a most amazing story, obviously conflicting with the facts. He had carried but one gun; Krouse had made a wanton attack upon him, without warning; he had returned the fire. Simultaneously Broderick had been killed by some fourth man, a stranger, whom Tillotson did not know, and who had mysteriously disappeared when the people of the neighborhood arrived. It looks very black for Captain Tillotson,” purred the Judge, shaking his hands and head sorrowfully. “Even those who uphold him do not credit this wildly-improbable tale. It is universally thought that his wealth and position will not save him from the noose. El Paso is reforming; El Paso is weary of two-gun men.
“And now, my dear Bransford, comes the crucial point, a matter so delicate that I hesitate to touch upon it. All of my ingenious little impromptu was built and founded on the natural hypothesis of your demise, which, in my haste, I did not stop to verify. It did not occur to me as among the possibilities that any man—even myself—could weather six shots, at hand-grips, from Oily Broderick. Imagine, then, my surprise and chagrin when I learned that you were not even seriously hurt! It was a shock, I assure you! But here comes Mac with the tray. I will bathe your hands, Mr. Bransford. Then I beg that you will fall to at once. We will discourse while you break your fast.”