Neither being now possible, they can only show their sympathy by the punishment of him who has caused the double desolation.
It still needs to know who. After all, it may not be the man arrested and arraigned, though most think it is. But, to be fully convinced, further evidence is wanted; as also a more careful sifting of that already obtained.
As on the night before, a council is convened, the place being the bit of green sward, that, lawn-like, extends from the cottage front to the rail fence of the road. But now the number taking part in it is different. Instead of a half-score, there is nearer a half hundred. The news of the second death has been spreading meanwhile, and the added sympathy causes the crowd to increase.
In its centre soon forms a ring, an open space, surrounded by men, acknowledged as chief on such occasions. They discuss the points of the case; state such incidents and events as are known; recall all circumstances that can be remembered; and inquire into their connection with motives.
It is, in short, a jury, standing, not sitting, on the trial of a criminal case; and, with still greater difference between them and the ordinary “twelve good men and true,” in that, unlike these, they are not mere dummies, with a strong inclination to accept the blandishments of the barrister, or give way to the rulings of the judge, too often wrong. On the contrary, men who, in themselves, combine the functions of all three—judge, jury, and counsel—with this triple power, inspired by a corresponding determination to arrive at the truth.
In short it is the court of “Justice Lynch” in session. Every circumstance which has a possible bearing on the case, or can throw light into its dark ambiguity, is called up and considered. The behaviour of the accused himself, coupled with that of the hound, are the strongest points yet appearing against him. Though not the only ones. The bullet extracted from the cypress knee, has been tried in the barrel of his gun, and found to fit exactly. About the other ball, which made the hole through the skirt of his coat, no one can say more than that it came out of a rifle. Every backwoodsman among them can testify to this.
A minor point against the accused man is, his having changed his clothes on the two succeeding days; though one stronger and more significant, is the fact that the boots, known to have been worn by him on the former, are still missing and cannot anywhere be found.
“Can’t they, indeed?” asks Sime Woodley, in response to one, who has just expressed surprise at this.
The old hunter has been hitherto holding back; not from any want of will to assist the lynch jury in their investigation, but because, only lately arrived, he has scarce yet entered into the spirit of their proceedings.
His grief, on getting the news of Mrs Clancy’s death, for a time holds him in restraint. It is a fresh sorrow; since, not only had her son been long his friend, but in like manner her husband and herself.