For a long time the district attorney pondered and then said, “Yes, considering the past record of that gang, and the clean record of Ray, it does; but—I’m afraid that what you’ve learned, and what we know, doesn’t constitute proof enough to either convict Shaughnessy and an unknown man or to clear Ray. And the worst of it is I don’t at this moment see how we can get more evidence against Shaughnessy or actually learn who his confederate, the actual robber, was. They’re so clever that they have absolutely covered their tracks. What do you suggest, David?”
“Why, just this. That you give me a week or ten days to do a little nosing around in my own way. Then, if I can get what you call ‘evidence enough,’ it’s easy going. If I don’t, why in any case you can state that, owing to disclosures which it’s not necessary to divulge, and with the consent or concurrence, or whatever you call it, of the court, you are convinced of Ray’s innocence and—turn him loose. You could do that, couldn’t you?”
For a time the prosecuting attorney considered, and finally shrugged his shoulders as he said, “Yes, I could; but it might defeat me for my next election. However, that makes no difference. I wouldn’t convict an innocent man if I could help it, even if I never again held a public office.”
“Hillyer, you’re a white man,” David exclaimed as he stretched his hand toward the attorney, and Goliath stood up and rumbled as if the long silence was unusual with him and he now found it necessary to make a noise.
“Ten days then, you’re to give, and I’m satisfied,” David said as they turned and left the office.
“I don’t see how you expect to get any more evidence than you’ve got already, Davy,” the big man remarked after they were on their way to where their mules were stabled, preparatory to the start on the return journey.
“I don’t expect to get much,” David remarked with a grin that exposed his white teeth. Goliath looked at him steadily for a moment and then remarked: “Davy, you’re up to some dodge. I know it by the way you look.”
“Goliath, old boss, I am,” was all that the smaller man vouchsafed by way of explanation for the time being, and later actions proved that he had confessed the truth.
They drove away together; but on the following morning at a certain point where the trail split they separated, and Goliath, after a “So long! Good luck,” turned off on the home trail and David took to the road, philosophically, for the long tramp to Wallula.
David’s actions in Wallula were peculiar. He seemed intent on making numerous visits and always they were to men whom he knew he could trust and to none of them did he impart reasons for his sole request which invariably was, “I want to find out if Pinder and MacPharlane were in town on the night before that stage was robbed or on the day when the robbery took place, and I don’t want any one to know that I’m trying to get the information.”