reathouse had made his charge, and left it
with the Frontier to cast the reckoning.

CHAPTER XXVIII

THE TRIAL

"Your Honour," said Franklin to the Court, "I appear to defend this
man."

The opening sentence of the young advocate might have been uttered in
burlesque. To call this a court of justice might have seemed sheer
libel. There was not the first suggestion of the dignity and solemnity
of the law.

Ellisville had no hall of justice, and the court sat at one place or
another, as convenience dictated. This being an important case, and
one in which all the populace was interested, Judge Bristol had
selected the largest available assembly room, which happened to be the
central hall of Sam Poston's livery barn. The judge sat behind a large
upturned box, which supported a few battered books. At his right the
red-nosed prosecuting attorney shuffled his papers. Along the sides of
the open hall-way, through whose open doors at each end the wind passed
freely, sat jury and audience, indiscriminately mingled. The prisoner
himself, ignorant of the meaning of all this, sat on an upturned tub,
unshackled and unguarded. Back of these figures appeared the heads of
a double row of horses. The stamp of an uneasy hoof, the steady crunch
of jaws upon the hay, with now and then a moist blowing cough from a
stall, made up a minor train of intermittent sound. Back of the seated
men others were massed, standing in the doorways. Outside the building
stood crowds, now and then increased or lessened by those who passed in
or out of the room where the court was in session. These interested
spectators were for the most part dark, sunburned men, wearing wide
hats and narrow boots with spurs. They all were armed. Leaning
against the sides of the mangers, or resting a hand upon the shoulders
of another, they gazed calmly at the bar of justice. The attitude of
Ellisville was one of sardonic calm. As a function, as a show, this
trial might go on.

The trial did go on, rapidly, without quibbling, indeed without much
regard for the formalities of the law. The jury had been selected
before Franklin made his appearance, and he was given to understand
that this jury was good enough for him, and was the one before which
this prisoner should be tried. A formal motion for the discharge of
the prisoner was overruled. Without much delay the prosecuting
attorney arose to present his charge.

"Yo' Honah," said the attorney f