ner's reply, if by any means he
could offer some explanation, some possible extenuating circumstance,
that might affect the judgment to be pronounced. None came, and the
judge continued:

"You can have your choice, to be shot, or hanged to the uplifted
tongue of a wagon. Which do you choose?"

Tooly took the risk of immediate death, in seeking one last, desperate
chance for life. Instantly he turned half around, crouched for a
spring, and, seemingly by one single leap, went nearly past the
rock-pile, so that it partly covered his retreat. Quick as his
movements were, they were not swifter than those of the men whose duty
was to prevent his escape.

"Stop, Tooly," shouted the judge, sitting astride his mule, as his
long right arm went out to a level, aiming his big Colt's revolver at
the fleeing man.

"Shoot, boys," commanded the sheriff at the same instant; a chorus of
shots sounded, and the court's sentence was executed.

Complying with the request of the judge, the sheriff had a hole dug
near where the body lay, and the dead man was buried, _sans
ceremonie_.

The court returned to the trading post and requested the proprietor to
state what he knew of Tooly. Mr. Black declared he only knew that the
accused plainsman came to the post that day; that he bought and drank
a considerable quantity of whisky, and offered to treat several
passing emigrants, all of whom declined.

The English gold found upon the prisoner was returned to Mr. Wood, and
the incident was closed.

The trial had been as orderly and impartial as the proceedings in any
court established by constitutional authority. All those concerned in
it realized that they were performing a duty of grave importance.
There was nothing of vindictiveness, nothing of rashness. It was
without "due process," and it was swift; a proceeding without the
delays commonly due to technicalities observed in a legal tribunal;
but it was justice conscientiously administered, without law--an
action necessary under the circumstances. Its justification was fully
equal to that of similar services performed by the Vigilance
Committee, in San Francisco, within a year preceding. It was a matter
the necessity of which was deplorable, but the execution of which was
imposed upon those who were on the spot and uncovered the convincing
facts.

CHAPTER XII.

NIGHT TRAVEL, FROM ARID WASTES TO LIMPID WATERS.

From the Sink of the Humboldt the little Darby party wished to
c