Issachar Noe was the next and last witness called for the prosecution. He related in an impressive and convincing manner, as chairman of the committee, the interview with the young wife or mistress of Podgett, which was received by his listeners with that faith in its accuracy comparable to the high character of the man.

Then young Green, the counsel appointed for the defense, though he had not a single particle of evidence to offer, and convinced of the deep villainy of his brutal and inhuman client, felt it incumbent to make an appeal in his behalf. This he did so eloquently, and built up hypotheses so rapidly, that some of the rougher element, afraid that his efforts might be effectual, became rather demonstrative, and crowded around him in a somewhat threatening manner. They were quieted, however, by a few positive words from old Tom. It was rather a decided but not particularly pleasant compliment to the youth's forensic ability!

When the defense had closed its wonderfully ingenious argument, the judge made another of his significant addresses in his charge to the jury, and a little after midnight he submitted the case to them.

An awful silence prevailed for a few moments while the twelve men put their heads together and consulted in a low tone without leaving their seats. Presently they all rose, and their spokesman, turning to the judge, uttered only one word: "Guilty."

WITH PODGETT BETWEEN THEM.

Then, at a sign from stern old Sam, who immediately came down from his pile of bacon, the two determined-faced miners, with Podgett between them almost paralyzed with fear, walked out into the night, followed by the crowd, who fired off their pistols, and made the very hills tremble with their demoniacal yells.

The early morning sun, as its rays entered the narrow valley, shone upon the lifeless body of Podgett, where, suspended by the neck from the limb of a huge oak tree on the main street of Whooping Hollow, it slowly oscillated at the sport of the warm south breeze.