"I knew you would not," the district attorney cried triumphantly.
"No, I believe the person is known. Sheriff, will you tell us in your own words, how you happened to be on hand in time to be a witness of the murder of Judge Driver?"
Like so many trained seals those present turned their heads to stare at the sheriff. Some eyes were friendly, some noncommittal, but the majority were unfriendly. This was because the crowd consisted largely of county office-holders. Billy gave a straightforward and detailed account of everything that had led up to the murder of Judge Driver.
As he concluded his story Judge Donelson nodded a slow head. "Why did you not immediately enter the ranch house after you looked in the window and saw the boot soles of the dead man?"
"Judge," said Billy, with a whimsical smile, "suppose now you went out hunting and you wanted to get more than one deer and had only one cartridge, what would you do—shoot the first deer you saw or wait till you got two in line?"
"I see," nodded the Judge. "I see. Still, Sheriff, there is the word of Dan Slike. It would have been better had you had another witness."
"Another witness," said Billy. "If that's all you want I have one. Riley Tyler, stand up."
The younger deputy stood up and was duly sworn. He deposed that the sheriff's match signal to Guerilla Melody to send the judge down to the house had been also a signal to him, Riley Tyler, to come down from the flat and take position under the window directly opposite the one at which the sheriff was posted. All this had taken place according to plan. Riley Tyler had heard every word uttered by both the judge and Dan Slike and had also seen Slike shoot the judge. Furthermore he had talked with the Federal deputy marshal in Hillsville and learned that the marshal had never even thought of asking Judge Driver to approach the sheriff concerning the alleged bootlegging activities of Jake Kilroe.
Riley Tyler concluded his testimony and sat down, taking occasion as he did so to wink at the district attorney. The latter glared back with frank dislike.
"The evidence I have just heard," said Judge Donelson, "is clear. There is no shred, jot or tittle of it that throws suspicion on Sheriff Wingo. I will hold Daniel Slike for the grand jury. If Judge Driver were alive, I would hold him as accessory before and after the fact. Do you still think, Mr. Rale, that Mr. Wingo should be held?"