Thus his captors had him as a tiger with teeth and claws drawn. His weapons, when brought out from the hut for examination, were found to be two pistols, of the largest size and most dangerous appearance, in a leathern holster, the latter made to carry on the pommel of a saddle, in front of the rider. These, also his saddle and other trappings, were searched for evidence; but, except the pistols, nothing was found that tended to throw any further light on the question of his guilt or innocence.
Tooly was then taken, under a heavy guard, to a spot some distance from the Post, where the court reconvened, for the purpose of completing the trial.
His captors had, with good reason, reckoned Tooly as like a beast of the jungle, who, when put at bay, would resort to desperate fighting; but, having been caught thus unawares and unarmed, violence on his part or resistance of any kind, was useless. He was doubtless feigning meekness, hoping for an opportunity to escape.
A jury was selected, mostly from the stranger emigrants.
The improvised court sat on an alkali flat near the margin of the lake, where there were some large stones and clumps of sage-brush. There Tooly was confronted by Mr. Wood, still with bandaged arm. Tooly declared he had never before seen the Englishman, but Wood said he had seen Tooly, and now reaffirmed his belief that the prisoner was one of the persons who, some weeks previously, had ridden with the Indians who killed Mrs. Wood and the child, also wounded and robbed the witness.
Still the evidence was not deemed sufficiently positive or complete, the identity being in some doubt. The jury would not convict without conclusive proof. With the view of procuring further evidence, the judge ordered that the person of the prisoner be searched.
Hearing this mandate, Tooly first made some sign of an intention to resist—only a slight start, as if possibly contemplating an effort to break through the cordon of untrained guards.
"Gentlemen," ordered the sheriff, "keep, every man, his eye on this fellow, and his finger on the trigger." Then to the prisoner,
"Stand, sir, or you will be reduced to the condition of a 'good Indian'!"
Escape as yet appeared impossible, and Tooly must have finally come to a definite realization that he was in the hands of men who meant business, most earnestly. Bravado had ceased to figure in his conduct. It was apparent that the search for evidence was narrowing its field; the erstwhile minions of frontier justice were on the right scent. Tooly grew pallid of feature and his cheeks hollowed perceptibly, in a moment. There was a wild glare in his eyes, as they turned from side to side; fear, hatred, viciousness, mingled in every glance. He crouched, not designedly, but as if an involuntary action of the muscles drew him together. His fists were clenched; his mouth partly opened, as if he would speak, but could not.