erk.

"I do solemnly swear," began the alcalde slowly, "that the testimony I
am about to give in the case now before the court, shall be the truth,
the whole truth, and nothing but the truth; and may God eternally damn
my soul, if I knowingly utter a false word."

Hesitatingly and with a whitening face, the man slowly repeated this
oath.

"Kiss the Bible," commanded the alcalde; "and may God blister the lips
that have touched His holy book, if they suffer a false word to pass
between them."

The man hesitated a moment: and then, at a muttered objurgation from his
companion, he bent and hastily pressed his lips against the cover of the
holy book.

"What is your name and business?" In this rude and informal court the
alcalde not only acted as judge, but also examined all witnesses.

"William Ugger, Bill Ugger, for short," answered the man, his eyes
shifting restlessly from face to face as he spoke. "Me an' my pard are
bound for th' diggin's."

"Now, remembering that you have sworn to speak nothing but the truth and
that your lips have just kissed the holiest of books, you may tell the
jury and the people here assembled what you know of this alleged murder
of the miner, John Stackpole. Be as brief as possible, please," and the
alcalde's eyes, as well as the eyes of every man gathered there,
fastened themselves on the face of Bill Ugger.

"Wal," and the shifting eyes fixed themselves for a few brief moments on
the ground in front of the big feet, "it happened like this. Me an' my
pard, Spike, thar," and he nodded toward his companion, "was on our way
from San Francisco tew Sacramento City an' th' diggin's a-hossback.
Somehow we happened tew git off th' reg'lar trail, me an' Spike did; an'
'long 'bout noon, three days ago, we comed tew a leetle valley, with a
leetle stream of water a-runnin' through it, an' a string of trees an'
brush a-growin' 'longside th' water. Both on us bein' tired, we'd ben
a-goin' since sun-up, we found a nice shady spot 'longside th' water,
an', tyin' our hosses tew th' trees, both on us laid down for a short
snooze. Course I don't know how long we'd ben a-snoozin', but, I reckon,
'twas 'bout a couple of hours, when we was both jerked out of a sound
sleep by a yell of agony that sounded as if it comed from a man what had
ben struck a mortal blow. Nat'rally that yell startled me an' Spike sum,
bein' that we both had been sound asleep; an', maybe, for a minute we
sot a-lookin' intew each oth