Mr. Willett, like every American of intelligence, not only knew a great deal about the laws of the country of which he was proud of being a citizen, but he also knew as well as most lawyers the methods by which trials were conducted in the regularly organized courts of justice.

In addition to this he saw that the men who had gathered to try him and Hank Tims, though anxious to follow the forms as they understood them, were very ignorant, and like all their class, had a profound respect for those who knew more, or seemed to know more, than themselves.

The jury was composed of twelve rough, sturdy men, who looked as if they fully realized their duty.

Even the judge sat more erect and tried to look dignified at the risk of being ridiculous.

"Now we're all ready to begin, and I want order in the court. The gents as has thar hats on will take 'em off and hold 'em in thar hands," said the judge, again rapping with the heavy glass on the little pine table by his side.

The "gents" promptly took off their hats, and this was followed by the scraping of boots and a chorus of little coughs that told how nervous all were.

"Now," continued the judge when order was restored, "we'll have the witnesses in and go on with the trial."

"Before you call any witnesses," said Mr. Willett, "I want you or whoever is conducting this case to state the charge against me and my friend Hank Tims."

"We can't have everything har like if it was a reg'lar out-and-out court," said the judge angrily, and again picking up the tumbler as if he were going to hurl it at some one. "And as for the charges, I thought every one in and about Hurley's Gulch knowed that you two is charged with robbin' and murderin' poor Tom Edwards. Thar, I hope that statement of the case will suit the most partic'lar."

"I and my companion, being the most interested," said Mr. Willett, with wonderful calmness, "should be the most particular; but if that is the best statement of the case that can be made, I am willing that you shall go ahead, asking only that I be permitted to cross-question any and all witnesses that may be called."

"This court ain't got any objections as it knows on to yer axin' questions, pervidin' you stick right down to the point," growled the judge.

Nodding to show that he was satisfied with this, Mr. Willett said, "I am ready," and the young man acting as clerk called out:

"Badger!"

Badger moved nearer to the judge and began to twirl his hat in his big, rough hands in a way that showed he was anything but calm.

"Now, Badger," said Judge Jacks, "tell this yar court and this yar jury all you know 'bout the case."

Badger looked into his hat as if he saw something there that might refresh his memory, and then, after coughing and casting his malignant eye up at the ceiling, he began:

"Wa'al, this is 'bout all I knows 'bout this case. You see, me and Tom Edwards had been ole pards, and so I knowed him as well as any man this side the Rockies. He wasn't a bad kind of a feller to them as knowed how to take him, and though he didn't have much book larnin'——"

Here Mr. Willett interrupted Badger to say:

"This evidence, your honor, is not to the point. We are not here to discuss the character of the dead man, but to find out if we can who murdered him."

"Reckon yer right," said the judge, and then he told Badger he must "stick to bottom facts."

Thus admonished Badger resumed:

"Me and Mr. Shirley got to Hurley's Gulch the night before Tom was did for so cruel bad, and we found he was on a spree, and complainin' to every one that Mr. Willett he was a-tryin' to euchre him out of fifteen hundred dollars, as he'd 'greed to pay for the claim over at Gold Cave Camp. Wa'al, the next mornin' 'bout an hour or so afore day me and Mr. Shirley was sleepin' together when we heard two pistol shots and a man a-hollerin' "murder." We hurried out and found poor Tom all shot to pieces. We carried him into this yar hotel, and with his dyin' last breath he told us that it was Mr. Willett and Hank Tims as did for him. Thar, that's all I knows 'bout the case."

My young readers will notice that there was no oath administered to Badger, nor would such a sacred proceeding have affected in any way the nature of his evidence.

"Now you've heard Badger's evidence," said the judge, with an angry glance at Mr. Willett and Hank. "Have you any questions to ax him?"

"I have a few," said Mr. Willett.

"Well, rattle 'em off quick."

"Badger," began Mr. Willett, "what is your business?"

"I'm a miner," was the answer.

"Where do you mine?"

"I ain't at work—jist now."

"How long have you been at Hurley's Gulch?"

"Off and on, 'bout a month."

"You came here broke?"

"Yes. I wasn't flush, I'll allow."

"But you are flush now?"

"Wa'al, I've got a few dollars."

"Where did you get your money?"

"That's my business," said Badger, angrily.

"Yes," said the judge, "no gent ain't bound to tell no one how he came by his money—unless some one else goes to work and claims it as his'n."

"My object is to show that Badger received his money from Frank Shirley," said Mr. Willett.

"And what if he did?" asked the judge.

"There is this about it, that if Badger is in Frank Shirley's employ, then he is working to get me and my son out of the way, for if my son dies before he's twenty-one years of age, then Shirley falls heir to a large fortune."

"We ain't a-tryin' Frank Shirley. So I ain't agoin' to let you ax any sich questions," said the judge, rapping vigorously on the table.

Still calm, if not confident, Mr. Willett asked:

"Badger, were not you and Frank Shirley dressed when you say you heard those shots?"

"Wa'al, yes, except our boots," replied Badger.

"And you were awake?"

"No; but I can't say I was sleepin' heavy."

"Badger, did not you kill Tom Edwards?"

This question came with the suddenness of an explosion, and it so staggered Badger that it was fully a minute before he could stammer out:

"No. Who said I did?"

"I say it! You committed the murder at Shirley's bidding, so as to get me out of the way, and you prompted the murdered man whom you shot down in the darkness to say I did it," said Mr. Willett with a forceful manner that startled all.

During the confusion that followed this bold but perfectly just accusation, Badger left the witness-stand and mixed in with the astonished crowd.

Frank Shirley was next called, but as his evidence was much the same as that given by Badger, it is unnecessary to record it.

On his cross-examination, he claimed to have no ill-feeling against Mr. Willett or his son; and he had the boldness to claim that he did not want young Sam's fortune, as he was rich in his own right.

Two other witnesses were called to prove the dying words of Tom Edwards, and on these and the fact that Mr. Willett had no evidence to prove that he had paid for the claim at Gold Cave Camp, the whole case hung.

Mr. Willett testified in his own behalf.

He told such a clear, straightforward story that, for the time being, even his enemies were impressed with its truth.

In a tremulous voice he spoke about his beloved son, whom he feared to be dead, and he said, in conclusion:

"Had it not been for the cruel flood that snatched from me my boy, the only tie that holds me to earth, he would have been here with the paper bearing Tom Edwards' signature, and then you would have seen that I could have no reason for desiring the death of this man, whose drunkenness made him his own worst enemy."

After this Hank Tims told all he knew, corroborating Mr. Willett, and boldly asserting that he was present when Mr. Willett paid the money to Tom Edwards.

Collins and Si Brill testified that they had known Hank "off and on" for many years, and that no man, up to this time had ever dared to say a word against his truthfulness or honesty.

"Wa'al," said the judge, when the evidence was all in, "I give it as my opinion, that them two men, Willett and Tims, kilt Tom Edwards. I don't believe thar stories for a minute. Men that commit crime will lie to hide it every time, and don't you gentlemen of the jury go for to make any mistake about it.

"Thar, that's all I've got to say. Now let the jury take thar time and fetch in a verdict that'll suit all hands. I ain't got anythin' more to say. The evidence is all in, and so, till the time comes to say the prizners is guilty or innocent the trial is jest 'bout over."