Redskin and Cow-Boy: A Tale of the Western Plains

by G. A. Henty

"There can be no doubt," Mr. Randolph said when he concluded, "that it is as you say, and that this man is William Tunstall's murderer."

"And we shall be able to bring him to justice, shall we not?" Hugh asked. "That was why I wanted you to meet me here, so that we could arrange to arrest him before he had any suspicion of my return."

"Ah! that is a different thing altogether, Hugh. The evidence of your two friends and the confirmation that can doubtless be obtained from Sacramento as to the existence of the gravestone erected to William Tunstall, and of the finding of the coroner's court, will no doubt enable us to prove to the satisfaction of the courts here that this scoundrel is an impostor. But the murder case is different.

"In the first place you would have to bring forward the charge, and give your evidence in the United States, and obtain an application for his extradition. British law has no jurisdiction as to a murder committed in a foreign country. Having set the United States authorities in action, you would return here and aid in obtaining an order from a magistrate here for that extradition; the evidence of your friends would doubtless be sufficient to induce a magistrate to grant such an order, then he would be taken over to the States, and, I suppose, sent down to California to be tried there. Your friends here will be best able to judge whether any jury out there would convict a man for a murder committed eight or ten years ago, unless the very strongest evidence was forthcoming.

"It would be next to impossible to obtain the evidence of those people, the waiters and others, from whom your friends gleaned the facts that put them upon the trail of Symonds, and without that evidence there is no legal proof that would hang a man. Morally, of course, there would seem to be no doubt about it. He and you were in the mining camp together, he knew the object for which Will Tunstall was leaving for England, and that he was entitled to considerable property on arriving here. He followed him down to Sacramento, or at any rate he went down at that time. They were together drinking; there your uncle was found murdered; this man appeared here with the letters that your uncle carried, and obtained possession of the estate.

"It is a very strong chain of evidence, and were every link proved might suffice to hang him here; but at present you have no actual proof that Symonds ever was in Sacramento with him, or was the man he was drinking with; and even could you find the waiters and others, it is very unlikely that there would be any one to identify him after all this time. Symonds' counsel would argue that there was no proof whatever against his client, and he would, of course, claim that Symonds knew nothing about the murder, but that he afterwards obtained the papers from the man who really committed the murder, and that the idea of coming over to England and personating Tunstall then for the first time occurred to him. So I think you would find it extremely difficult to get a verdict out in California merely on the evidence of these two gentlemen, and of my own that he was possessed of a letter I wrote to Tunstall. But in any case, if you decide to have him arrested on the charge of murder, you will have to go back to California to set the law in motion there, to get the State authorities to apply to the supreme authorities of the United States to make an application to our government for his arrest and extradition. You must do all this before he has any idea that you have returned, or at any rate before he knows that you have any idea of his crime; otherwise he will, of course, fly, and we shall have no means of stopping him, and he might be in Fiji before the application for his arrest was received here."

Hugh and his companions looked helplessly at each other. This was an altogether unexpected blow. They had imagined they had but to give their evidence to ensure the arrest, trial, and execution of William Tunstall's murderer.

The doctor's fingers twitched, and the look that Sim Howlett knew so well came into his eyes. He was about to spring to his feet when Sim touched him.

"Wait, doctor," he said. "We will talk about that afterwards."

"Then what do you advise, Mr. Randolph?" Hugh asked after a long pause.