lking for our benefit, cursing steadily, and uttering the
most frightful threats.

I am not going to describe that most turbulent afternoon. The details
are unessential to the main point, which was our decision. Counsel was
appointed by the court from among the numerous ex-lawyers. The man who
took charge of the defence was from New York, and had served some ten
years in the profession before the gold fever took him. I happen to know
that he was a most sober-minded, steady individual, not at all in
sympathy with the rougher elements; but, like most of his ilk, he
speedily became so intensely interested in plying his profession that he
forgot utterly the justice of the case. He defended the lawless element
with all the tricks at his command. For that reason Woodruff was
prevented from testifying at all, except as to his ownership of the
cattle; so that the effect of his pathetic story was lost. Dr. Rankin
had no chance to appear. This meeting should have marked the awakening
of public spirit to law and order; and if all the elements of the case
had been allowed to come before the decent part of the community in a
common-sense fashion, I am quite sure it would have done so. But two
lawyers got interested in tangling each other up with their
technicalities, and the result was that the real significance of the
occasion was lost to sight. The lawyer for the defence, pink and warm
and happy, sat down quite pleased with his adroitness. A few of us, and
the desperadoes, alone realized what it all meant.

We retired to Randall's little room to deliberate. Not a man of the
twelve of us had the first doubt as to the guilt of the prisoners. We
took a ballot. The result was eleven for acquittal and one for
conviction. I had cast the one vote for conviction.

We argued the matter for three hours.

"There's no doubt the men are guilty," said one. "That isn't the
question. The question is, dare we declare it?"

"It amounts to announcing our own death sentence," argued another.
"Those fellows would stand together, but who of the lot would stand by
us? Why, we don't even know for sure who would be with us."

"This case ought never to have been tried by a jury," complained a third
bitterly. "It ought to have been tried in a miners' court; and if it
hadn't been for those soft heads who were strong for doing things
'regularly' instead of sensibly, we'd have had it done that way."

"Well," said an older man gravely, "I agree to that.