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

by G. A. Henty

"I should say that for the present we should content ourselves with arresting him on the charge of impersonation, and of obtaining possession of your uncle's estate by fraud. I think the proof we now have, in the evidence of these two gentlemen, and in this copy of the finding of the coroner's jury, will be quite sufficient to ensure his conviction, in which case he will get, I should say, seven years' penal servitude—perhaps fourteen—for although he will not be charged with that offence, the conviction that he murdered your uncle in order to obtain possession of the estate cannot but be very strong in the mind of the judge. Yes, I should think he would give him fourteen years at least. We may, of course, want some other evidence that can be obtained from Sacramento, such as an official copy of the record of the proceedings at the coroner's inquest; but that would be a matter for counsel to decide. My own opinion is, that the evidence of these two gentlemen that the William Tunstall who corresponded with your father, received my letter informing him of the will, and left the mining camp on his way to England, and was murdered on his way to Sacramento, was the real William Tunstall, will be quite sufficient.

"It is a very lucky thing for you, by the way, Hugh, that there were provisions in your father's will, that if William Tunstall died without issue his half of the property came back to you, for that clause has effectually prevented him from selling his estate, which he would have done long ago had it been possible to do so. To my knowledge he has tried over and over again, and that clause has always prevented it. He has raised a little money on his life interest, but that will of course have no claim on the estate now. Now, what do you say? It is for you to decide. In the one case you will have an enormous amount of trouble, and you may finally fail in getting an American jury to find this man guilty of the murder; and in any case, if they do find him so, they will not execute him for a murder committed so long ago, and it is probable that he will get off with imprisonment for life, and may be acquitted altogether. On the other hand, if you have him arrested at once here, on the charge of impersonation and fraud, he is morally certain of getting a sentence which, at his age, will be pretty nearly equivalent to imprisonment for life."

"I certainly think that is the best plan," Hugh agreed. "Don't you think so?" he asked, turning to the others.

"I think so," Sim Howlett said at once; and even the doctor, though less readily, agreed.

Since his last illness he had changed a good deal. He had no longer fits of abstraction, and was brighter and more cheerful than Sim Howlett had ever seen him before. The loss of blood and the low fever that had brought him to death's door had apparently relieved his brain of a load that had for years oppressed it.

"Let it be so," he said reluctantly. "Had we met out in the West it would have been different; but as it is, perhaps it is best."

Late that evening the party proceeded to Carlisle, and early the next morning Mr. Randolph went with the others to one of the county magistrates, and, after laying all the facts before him, obtained a warrant for the arrest of John Symonds alias William Tunstall.

"I must congratulate you, Mr. Tunstall," the magistrate said to Hugh after he had signed the warrant, "upon your discovery. This scoundrel has been a disgrace to your name. He has been for years a consorter with betting men and blacklegs, and stands in the worst odour. It is said that he has mortgaged his life interest in the estates and completely ruined himself."

Mr. Randolph nodded. "Yes, I believe he is pretty well at the end of his tether, and at any moment he might be turned out of Byrneside."

"Well, there is an end to all that," the magistrate said, "and the men who have proved themselves even sharper rogues than he is, will be disappointed. I am sorry for the person who has passed as your aunt, for I know that she is spoken well of by the people in the neighbourhood, and I fancy she has had a very hard time of it with him; but of course she must have been his accomplice in this impersonation of your uncle."