y
round, "will ye see a messmate treated like this? I'm no murderer, an'
I defy any one to prove it."

There was a move among the miners, and a voice was heard to speak of
rescuing the prisoner.

"Men," cried Ned, still holding Smith, and looking round upon the crowd,
"men--"

"I guess there are no men here," interrupted a Yankee; "we're all
_gentlemen_."

"Being a man does not incapacitate one from being a gentleman," said
Ned, sharply, with a look of scorn at the speaker, who deemed it
advisable to keep silence.

After a moment's pause, he continued--"If this _gentleman_ has done no
evil, I and my friends will be answerable to him for what we have done;
but my comrade, Larry O'Neil, denounces him as a murderer; and says he
can prove it. Surely the law of the mines and fair play demand that he
should be tried!"

"Hear! hear! well said. Git up a bonfire, and let's have it out," cried
several voices, approvingly.

The miners rushed out, dragging Black Jim along with them to an open
level space in front of the hotel, where stood a solitary oak-tree, from
one of whose sturdy arms several offenders against the laws of the
gold-mines had, at various times, swung in expiation of their crimes.
Here an immense fire was kindled, and hither nearly all the miners of
the neighbourhood assembled.

Black Jim was placed under the branch, from which depended part of the
rope that had hanged the last criminal. His rifle, pistols, and knife,
were taken from him, amid protestations of innocence, and imprecations
on the heads of his accusers. Then a speech was made by an orator who
was much admired at the place, but whose coarse language would scarcely
have claimed admiration in any civilised community. After this Larry
O'Neil stepped forward with McLeod, and the latter described all he knew
of the former life of the culprit, and his conduct towards the murdered
man. When he had finished, Larry produced the bullet, which was
compared with the rifle and the bullets in Smith's pouch, and pronounced
similar to the latter. At this, several of the miners cried out,
"Guilty, guilty; string him up at once!"

"There are other rifles with the same bore," said Smith. "I used to
think Judge Lynch was just, but he's no better I find than the
land-sharks elsewhere. Hang me if you like, but if ye do, instead o'
gittin' rid o' one murderer, ye'll fill the Little Creek with murderers
from end to end. My blood will be on _your_ head