They were relieved from their dilemma, however, by the sudden appearance of lieutenant Brooks, who delivered a brief and clear account of the catastrophe, as far as he had witnessed it himself; and his testimony left it no longer to be doubted that the unfortunate defunct had fallen in consequence of a pistol-shot fired from a weapon in the hands of Hyland Gilbert. He produced the instrument, which, as well as the pistol discharged by the deceased, he had picked from the ground, and now delivered, along with their fellows, and a pair taken from Sterling, to the magistrate, averring that they were in the condition in which he had found them.
"A very pretty pistol," said the official; "but how is this Mr. Lieutenant? did the young fellow fire them all?"
The soldier stared his honour in the face, and smiled; but his eye fell on the body of his friend, and the flash of humour faded into clouds.
"This weapon," said he, touching one, "I presume to be that by which Mr. Falconer was slain. It was picked from the ground by Mr. Gilbert's side; the fellow to it, was found in the holsters attached to Gilbert's saddle. This," he added, pointing to another, "belonged to my unfortunate friend, and was that with which he shot at the prisoner."
"Fat!" cried the official, "did he shoot, too?"
"Undoubtedly: I plainly distinguished two explosions, the one immediately after the other."
"Fy then, mine Gott!" said Schlachtenschlager, looking round upon his assistants with an air of unutterable sagacity, "this, mine friends, does ferry much alter the case. It vas not murder, but a fight. Who fires the pistol first?"
"Sir, that is impossible to say. But allow me to suggest a doubt whether that is necessary to be inquired into. With deference, I should suppose the object of this inquest would be simply to determine who shot the pistol that killed the deceased; leaving all other questions to be determined by other tribunals."
"'Pshaw!" said Affidavy, who seemed to derive no little private amusement from the ignorance of the magistrate, when suffered to run its own course; "you have spoiled the sport. The young gentleman is, however, right, Squire, and"—
"Holdt your tongue, Mr. Affidafy, and let me mindt mine own pusiness," said the magistrate, in some wrath; "sure I know fat I am about! And hark ye, Mr. Witness, you are a very goodt young man, and an officer, and a gentleman; put you must not tell me fat I am to do, nor fat I am not to do."