The case against Fisk and Robbins was much more protracted and tedious. Charged jointly, they entered a similar plea to their confederate on each indictment. From time to time, during the proceedings, the Inspector’s casual glance flickered curiously from Big George’s battered physiognomy to the bruised face and scratched throat of the Sergeant. But he was a wily, old, experienced officer and, as neither side appeared anxious to enlighten him, he drew his own conclusions and wisely refrained from comment. Adjourning for lunch, and also to view the alleged stolen team and wagon, the hearing was resumed again in the afternoon, and eventually the two rustlers were committed.
Ellis then drew the attention of the Court to the case of old Hiram Bryan, who had shakily given his evidence during the trial. All huddled up, the aged, decrepit man sat there in silence, his wistful gaze wandering from face to face.
“Your Worships,” he said, “in the absence of all proof of complicity, I have detained this man merely under a ‘vagrancy’ charge, so as to insure his appearance in this court as an all-important witness.”
The two justices of the peace nodded understandingly. A whispered colloquy ensued between them, then they turned and gazed thoughtfully at the bowed figure of the broken man who was awaiting their will with the apathetic resignation peculiar to the aged. Inspector Darby, leaning forward, chin resting in hand, presently broke the silence.
“Sergeant Benton,” he said, with a slight note of irresolution in his voice, “taking into consideration the somewhat cruel position that circumstances have placed this man in, it is not, of course, our intention to press that charge against him. But you no doubt realize that it is of vital importance to this last case that his evidence be forthcoming at the Supreme Court.”
Ellis bowed his head in assent. He was prepared for this emergency that he had foreseen from the beginning.
“Your Worships,” he said, in quiet, convincing tones, “if you see fit to discharge the accused I will hold myself personally responsible for his appearance when this case comes up at the next Sessions.”
His superior turned again to his fellow justice, and they conferred awhile in low tones. This consultation ending, the Inspector faced round once more.
“All right, Sergeant,” he said.
Ellis motioned to the old man to stand up. Dully and awkwardly though the order was obeyed, the venerable face was not devoid of a certain dignity as its owner raised a pair of honest eyes and gazed back unflinchingly at his judges. The Inspector cleared his throat.