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 a