The Cave of Gold / A Tale of California in '49

by Everett McNeil

A dozen voices shouted their approval of this statement. Evidently the sympathies of the crowd were being fast turned from Thure and Bud.

The alcalde arose slowly to his feet.

"This court," he said sternly, "is here to see that the prisoners are given a fair trial, guilty or not guilty; and judgment shall not be pronounced until the case has been fairly tried and their innocence or their guilt fully established. This cannot be done until the prisoners themselves have been heard in their own defense. Let us hear no more talk of mob judgment and mob execution. The court will pronounce judgment, and the court will see that its judgment is promptly executed, to the full satisfaction of every honest law-abiding man in the city." He paused for a moment, while his keen eyes sternly searched the faces of the surrounding crowd. There was no response to his words and challenging glance.

"This button," he continued quietly, holding up the button that Quinley had handed him where all could see it, "the witness swears was picked up by himself from the ground, where the struggle between the murdered man and his murderers took place, and is presumed to have come either from the clothing of the murdered man or from the clothing of his murderers; and the witness asks that the clothing of the two prisoners be examined to see if like buttons can be found on their clothing. The contentions of the witness, regarding the value of this button as evidence in the case before us, are just. Therefore his request is granted and the prisoners are ordered to be examined. Young man," and he turned to Bud, "you will please come forward; and allow the gentlemen of the jury to compare this button with the buttons on your clothing," and he handed the button he held in his hand to the foreman of the jury.

The production of this button by Quinley was a surprise to Thure and Bud. If it should prove to have come from the clothing of one of them, it certainly would look suspicious; but, how could it have come from their clothes, at least from the clothes they now had on, since neither of them were now wearing the same garments that they had worn on the day of the hunt, when they had found the murdered miner? Consequently the introducing of the button as evidence by Quinley had caused both of them more surprise than it had uneasiness, surprise that Quinley should care to introduce such meaningless evidence as he must know the button to be, since the examination of their clothing could only prove that the button belonged to neither of them. The episode of Quinley's stumble, in the excitement of the trial, had passed from both of their minds, as, doubtless, it had from the minds of all the others; but, even if they had remembered it, they would not have thought of connecting it in any way with the finding of the button. Hence Bud, at the summons of the alcalde, had stepped forward promptly and confidently.

"We find two buttons missing from the prisoner's coat," announced the foreman of the jury, when the examination of Bud had been completed. "But, since the button offered in evidence bears no resemblance in design or size to the buttons remaining on the coat, we declare that so far as this prisoner is concerned the button in question proves nothing."

"You may return to your place by the side of the sheriff," and the alcalde gave an almost audible sigh of relief, while something very near like a cheer came from the crowd. It was hard to look into those two young clear-eyed faces and believe that they masked the hearts of murderers.

Bud hurried back to his place by the side of the sheriff, with the first smile on his lips that had so far brightened his face during the trial.

"Now," and the alcalde turned to Thure, "let the jury compare the button with the buttons on your clothing," and the anxious look came back on his face.

Thure, with the same promptness and confidence that Bud had displayed, advanced and submitted to the examination; but, hardly had he reached the foreman of the jury, when the excited actions of the jurymen told all that an important discovery of some kind had been made; and their report was awaited with almost breathless interest.