“Men,” cried Ned, still holding Smith, and looking round upon the crowd, “men—”
“I guess there are no men here,” interrupted a Yankee; “we’re all gentlemen.”
“Being a man does not incapacitate one from being a gentleman,” said Ned, sharply, with a look of scorn at the speaker, who deemed it advisable to keep silence.
After a moment’s pause, he continued—“If this gentleman has done no evil, I and my friends will be answerable to him for what we have done; but my comrade, Larry O’Neil, denounces him as a murderer; and says he can prove it. Surely the law of the mines and fair play demand that he should be tried!”
“Hear! hear! well said. Git up a bonfire, and let’s have it out,” cried several voices, approvingly.
The miners rushed out, dragging Black Jim along with them to an open level space in front of the hotel, where stood a solitary oak-tree, from one of whose sturdy arms several offenders against the laws of the gold-mines had, at various times, swung in expiation of their crimes. Here an immense fire was kindled, and hither nearly all the miners of the neighbourhood assembled.
Black Jim was placed under the branch, from which depended part of the rope that had hanged the last criminal. His rifle, pistols, and knife, were taken from him, amid protestations of innocence, and imprecations on the heads of his accusers. Then a speech was made by an orator who was much admired at the place, but whose coarse language would scarcely have claimed admiration in any civilised community. After this Larry O’Neil stepped forward with McLeod, and the latter described all he knew of the former life of the culprit, and his conduct towards the murdered man. When he had finished, Larry produced the bullet, which was compared with the rifle and the bullets in Smith’s pouch, and pronounced similar to the latter. At this, several of the miners cried out, “Guilty, guilty; string him up at once!”
“There are other rifles with the same bore,” said Smith. “I used to think Judge Lynch was just, but he’s no better I find than the land-sharks elsewhere. Hang me if you like, but if ye do, instead o’ gittin’ rid o’ one murderer, ye’ll fill the Little Creek with murderers from end to end. My blood will be on your heads.”
“Save yer breath,” said Larry, drawing Smith’s knife from its scabbard. “See here, boys, sure two dovetails niver fitted closer than this bit o’ steel fits the pint o’ Black Jim’s knife. Them men standin’ beside me can swear they saw me take it out o’ the breast o’ the morthered man, an’ yerselves know that this is the murderer’s knife.”
Almost before Larry had concluded, Smith, who felt that his doom was sealed, exerted all his strength, burst from the men who held him, and darted like an arrow towards that part of the living circle which seemed weakest. Most of the miners shrank back—only one man ventured to oppose the fugitive; but he was driven down with such violence, that he lay stunned on the sward, while Smith sprang like a goat up the steep face of the adjacent precipice. A dozen rifles instantly poured forth their contents, and the rocks rang with the leaden hail; but the aim had been hurried, and the light shed by the fire at that distance was uncertain.