nd 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.
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
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