"What is your name and business?" In this rude and informal court the alcalde not only acted as judge, but also examined all witnesses.
"William Ugger, Bill Ugger, for short," answered the man, his eyes shifting restlessly from face to face as he spoke. "Me an' my pard are bound for th' diggin's."
"Now, remembering that you have sworn to speak nothing but the truth and that your lips have just kissed the holiest of books, you may tell the jury and the people here assembled what you know of this alleged murder of the miner, John Stackpole. Be as brief as possible, please," and the alcalde's eyes, as well as the eyes of every man gathered there, fastened themselves on the face of Bill Ugger.
"Wal," and the shifting eyes fixed themselves for a few brief moments on the ground in front of the big feet, "it happened like this. Me an' my pard, Spike, thar," and he nodded toward his companion, "was on our way from San Francisco tew Sacramento City an' th' diggin's a-hossback. Somehow we happened tew git off th' reg'lar trail, me an' Spike did; an' 'long 'bout noon, three days ago, we comed tew a leetle valley, with a leetle stream of water a-runnin' through it, an' a string of trees an' brush a-growin' 'longside th' water. Both on us bein' tired, we'd ben a-goin' since sun-up, we found a nice shady spot 'longside th' water, an', tyin' our hosses tew th' trees, both on us laid down for a short snooze. Course I don't know how long we'd ben a-snoozin', but, I reckon, 'twas 'bout a couple of hours, when we was both jerked out of a sound sleep by a yell of agony that sounded as if it comed from a man what had ben struck a mortal blow. Nat'rally that yell startled me an' Spike sum, bein' that we both had been sound asleep; an', maybe, for a minute we sot a-lookin' intew each other's eyes, doin' nuthin'. Then Spike says: 'Sounded human, Bill. Like sumone had got his,' an' I seed that he was a-shiverin'; for 'tain't none pleasant tew be waked out of a sound sleep by th' death-cry of a human. 'An' it sounded as if it comed from right ayond that leetle clump of bushes,' an' he pointed a shakin' finger toward a leetle clump of bushes, 'bout a rod away, that shut out our view of th' valley. 'I reckon we'd better investergate,' an' we both began a-crawlin' toward that clump of bushes, not havin' heard no more sounds.
"Wal," and the shifty eyes shot swift glances from the face of the alcalde to the faces of the jury and the surrounding crowd, to note the effect of his words, "when we got tew them bushes an' looked through 'em—" He paused and laid a hand solemnly on the Bible lying on top of the barrel in front of the alcalde—"so help me God! this is what we saw. Th' valley in front of th' bushes was level an' open, so that we could see clear 'cross it; an', 'bout twenty rods from whar we was, we saw a man strugglin' violently on th' ground with two other men atop of him, while three hosses stood a leetle ways off a lookin' at 'em; an', even as we looked, we saw one of th' men flash a knife above his head an' plunge it down, an' th' man on th' ground stopped strugglin'.
"This was a leetle more'n Spike an' I was a-willin' tew stand for, an' we both jumps up out of th' bushes, an', drawin' our pistols, we had no rifles, we yells an' starts for them two men. Both on 'em jumps tew their feet, an' grabs up their rifles, an', afore you could say Jack, they had th' both on us covered, we not bein' near enough tew use our pistols. But we was close enough tew see 'em plain; an', afore God!—" The man stopped abruptly and, whirling suddenly about, pointed a finger dramatically directly into the face of Thure—"it was that young villain a-standin' thar what had his gun a-pointin' straight at me!"
Thure, in utter astonishment, took a quick step backward; and then, suddenly realizing what that pointing finger meant, backed by those startling words, he lost all control of himself for the moment and leaped straight toward Bill Ugger.
"It's a lie! A lie!" he yelled, as with all his young strength he struggled furiously with the great bulk of his antagonist. But, before either could do the other any harm, the strong hands of the sheriff seized Thure by the shoulders.
"Here, you young catamount!" and he jerked Thure violently backward, and lifted the butt of his heavy revolver threateningly, while his face hardened. "Quit it, or—" and the heavy butt descended lightly on Thure's head by way of warning.
"But he lied! Every word that he uttered was a lie!" and tears of rage gathered in Thure's eyes.