who were even
then deciding the fate of Tennessee. And above all this, etched on the
dark firmament, rose the Sierra, remote and passionless, crowned with
remoter passionless stars.

The trial of Tennessee was conducted as fairly as was consistent with a
judge and jury who felt themselves to some extent obliged to justify, in
their verdict, the previous irregularities of arrest and indictment. The
law of Sandy Bar was implacable, but not vengeful. The excitement and
personal feeling of the chase were over; with Tennessee safe in their
hands they were ready to listen patiently to any defense, which they
were already satisfied was insufficient. There being no doubt in their
own minds, they were willing to give the prisoner the benefit of any
that might exist. Secure in the hypothesis that he ought to be hanged,
on general principles, they indulged him with more latitude of defense
than his reckless hardihood seemed to ask. The Judge appeared to be more
anxious than the prisoner, who, otherwise unconcerned, evidently took a
grim pleasure in the responsibility he had created. "I don't take any
hand in this yer game," had been his invariable but good-humored reply
to all questions. The Judge--who was also his captor--for a moment
vaguely regretted that he had not shot him "on sight," that morning, but
presently dismissed this human weakness as unworthy of the judicial
mind. Nevertheless, when there was a tap at the door, and it was said
that Tennessee's Partner was there on behalf of the prisoner, he was
admitted at once without question. Perhaps the younger members of the
jury, to whom the proceedings were becoming irksomely thoughtful, hailed
him as a relief.

For he was not, certainly, an imposing figure. Short and stout, with a
square face, sunburned into a preternatural redness, clad in a loose
duck "jumper" and trousers streaked and splashed with red soil, his
aspect under any circumstances would have been quaint, and was now even
ridiculous. As he stooped to deposit at his feet a heavy carpet-bag he
was carrying, it became obvious, from partially developed legends and
inscriptions, that the material with which his trousers had been patched
had been originally intended for a less ambitious covering. Yet he
advanced with great gravity, and after shaking the hand of each person
in the room with labored cordiality, he wiped his serious, perplexed
face on a red bandanna handkerchief, a shade lighter than his
complexion,