The man stepped quickly in front of the barrel; and was sworn, in the same manner the other witnesses had been sworn, to tell the truth.

"What is your name and business?" demanded the alcalde.

"John Skoonly," replied the man; "an' I'm bound for th' diggin's. Jest got in from San Francisco this mornin'."

"Now, John Skoonly," and the alcalde's eyes rested steadily on the witness's face as he settled back on his stump, "kindly tell the jury and the people gathered here, what you know of the case now being tried before them."

"I was on my way from San Francisco tew here," began the witness, "when three days ago I wandered off th' main trail tew do a little huntin' an' was throwed by my hoss an' broke my right arm. That took all th' hunt out of me; an' I laid down under sum trees that growed 'long side a crik tew try an' do sumthin' tew ease up th' pain an' tew git a little rest afore I started back for th' trail.

"Wal, I reckon I hadn't ben thar more'n half an hour, when I heared a screech that fairly lifted my hat off my head, a-comin' from th' open valley, jest beyont th' trees whar I was a-lyin' in th' shade, an' a-soundin' like sum feller was gittin' hurt mortal bad. I jumps up quick an' runs tew sum bushes that growed a-treen me an' th' sound, an' looks through 'em, a little cautious-like on account of my broken arm, an' seed three men a-strugglin' on th' ground not more'n forty rods from whar I was; an' th' next I knowed I heared a lot of yellin', an' seen tew men jump out of th' bushes sum twenty rods below me, an' start runnin' for them fightin' men. But, afore they'd made a dozen jumps, tew of them men springs up from th' ground, th' other man didn't 'pear tew have any spring left in him, but lay still, grabs up their rifles an' hollers tew them runnin' men tew stop sudden, or they'd shoot; an' th' men stops sudden, they havin' only pistols. Then th' tew men with rifles yells for them tew git an' git quick, an' one on 'em fires his rifle; an', I reckon, th' bullet must have come close, for th' tew men whirled 'bout like they was sum scart an' started back for th' bushes.

"Th' tew men now picks up th' body of th' third man, which hangs limp like he was dead, an' flings it across th' back of one of their hosses an' ties it thar. Then they mounts th' other tew hosses an' goes a-ridin' off a-leadin' the hoss with th' dead body across its back ahind 'em; an' in ridin' off, they comes within a dozen rods of whar I was a-hidin', an' I sees 'em plain, an' I was s'prised tew see that they didn't look tew be much more'n boys; an' yit they 'peared tew have killed a man!

"Y'ur honor," and the man paused and whirled partly around, and when he continued again his voice was very solemn, "as shore as thar is a God in heaven, th' tew men that I saw a-ridin' by me, with that dead body on th' hoss ahind them, are a-standin' right thar!" and he pointed straight toward Thure and Bud.

A sound of horror and of rage went up from the surrounding crowd, a sound that had the promise of dreadful things to come in it.

The alcalde leaped to his feet, his face looking white and drawn; for he knew that now the two boys were doomed, and, somehow, in spite of all the terrible evidence, he could not look into their clear-eyed faces and believe them guilty of such a horrible crime.