Some things he said were self-incriminating. He boasted of having "done up a lot of Pikers, up the creek," declaring his intention to "look up another lot of suckers" the following day.
When our men thought that they had heard enough they returned to camp and reported.
Recollections of the last time we had seen Mr. Tooly made the present occasion seem opportune. An impromptu "court" was organized: judge, sheriff and deputies; and these, with a few chosen men of the company, went to the trading post to convene an afternoon session. The members of this "court" dropped in quietly, one or two at a time, looked over the place, asked questions—about the country; the prices of Mr. Black's "goods"; how far it might be to Sacramento; anything to be sociable: but none offered to tap the barrel.
The stranger emigrants had heard of the Indian raids up the river. Seeming to have inferred something of pending events, they had gone to the trading post in considerable numbers. Tooly was still there. Black and his two men seemed to be persons who ordinarily would be classed as honest. Still, they appeared to listen to Tooly's tales of prowess in the looting of emigrant trains as if they regarded such proceedings as acts of exceptional valor; exhibiting as much interest in the recital as did the "tenderfoot" emigrants—who held a different opinion regarding those adventures.
When enough had been heard to warrant the finding of an indictment, the newly-appointed judge issued a verbal order of arrest, and the sheriff and his deputies quickly surrounded the accused, before he suspected anything inimical to his personal welfare. With revolver in hand, the sheriff commanded, "Hands up, 'Jim' Tooly!" To the astonishment of all, the big man raised both hands, without protest; this, however, in mock obedience, as was evident by his laughing at the supposed fun.
"This is not a joke, sir," came in harsh tones from the judge. "When we saw you last, about sixteen days ago, you came to our camp to deny a charge made against you by a man of our company. You overawed, browbeat and insulted the man and those who were assisting and protecting him in his distress. You denied the accusation made against you, with vehemence and much profanity. Giving you the benefit of a doubt, we permitted you to go. Now we are here to take the full statement of the prosecuting witness, and examine such other evidence as there may be. We will clear you if we can, or find you guilty if we must."
In whatever direction the culprit looked he gazed into the open end of a gun or pistol. The sheriff said:
"Now, Tooly, any motion of resistance will cost you your life."
A disinterested onlooker at the moment would have cringed, lest the unaccustomed duty of some deputy should so unnerve his hand that he would inadvertently and prematurely pull the trigger of his weapon. But all held sufficiently steady, as they looked through the sights.
The prisoner slowly grasped the situation, and knew that temporary safety lay in obedience. The sheriff's demand for Tooly's weapons created more surprise, when it was revealed that, in his feeling of security while at the Post, he had relieved himself of those encumbering articles and deposited them with the landlord, that he might have freedom from their weight while enjoying the hospitality of the place.