In the constant debate over the matter which followed the finding of the body the Democrats contended that the two men who had held Thomson Tuttle captive all night near the White Sands must have been the murderers. And it was on them and their mysterious conduct that Judge Harlin rested his only hope for his client. The lawyer did not believe they had Whittaker’s body in their wagon, although he intended to try to make the jury think so. Privately he believed that Mead was guilty, but he admitted this to no one, and in his talks with Mead he constantly assumed that his client was innocent. He had never asked Mead to tell him whether or not he had committed the murder.
Nick Ellhorn and Tom Tuttle lingered about Las Plumas for a short time, sending their gold to the mint, and trying to contrive some scheme by which Emerson Mead could be forced into liberty. Each of them felt it a keen personal injury that their friend was in jail, and they were ready to forego everything else if they could induce him to break his promise and with them make a wild dash for freedom. But he would listen to none of their plans and told them, over and over, that he had given his word and proposed to keep it.
“Of course,” he said, “when I made that promise to Wellesly I didn’t suppose they would find Will’s body. But they did, and I mean to keep my promise. I gave my word for you-all too, and I don’t want you to make any fool breaks that will cause people to think I’m trying to skip.”
Finally they gave up their plans and Tom returned to his duties with Marshal Black at Santa Fe and Nick went out to Mead’s ranch to keep things in order there.
Ellhorn returned to Las Plumas for his own trial, the result of which was that he was found guilty of assault and battery upon the Chinese and fined five hundred dollars. The moment sentence was pronounced upon him he strode to the judge’s desk and laid down his check for the amount of his fine. Then he straightened up, thrust his hands in his pockets, and exclaimed:
“Now, I want that pig tail!”
“You are fined five dollars for contempt of court,” said the judge, frowning at the tall Texan, who looked very much in earnest.
“All right, Judge! Here you are!” said Nick cheerfully, as he put a gold piece down beside the check. “Now, I want that Chiny pig tail! It’s mine! I’ve paid big for it! It’s cost me five hundred and five dollars, and no end of trouble, and it belongs to me.”
“You are fined ten dollars for contempt of court,” the judge said severely, biting his lips behind his whiskers.