It seemed to Fred as if they were about to sacrifice Sam in order to aid in confirming the title of the land, and it required no slight amount of Mr. Hunter's eloquence to persuade him differently.

"By pressing for trial we have a better chance of proving his innocence. Under ordinary circumstances I would be certain of the result; but where so much property is a stake I do not like to trust the superintendent too implicitly."

"But what effect can his innocence or guilt have on the other question?"

"It might prejudice our case if he went before a jury. Every point must be guarded against, and this is the first to be settled."

"Can we raise money enough to carry the thing through?" Joe asked.

"I think so; but will tell you better to-morrow after I have had time to see some of the subscribers with whom I have not yet spoken."

"Do you think we've got any chance of winning?"

"I wish it were possible to say yes; but under the circumstances it seems to me that the odds are in the favor of the company represented by Mr. Wright."

"Yet you don't advise us to accept his proposition," Fred said.

"Certainly not. Even if I was in favor of making a compromise, the amount offered would be no temptation. I should advise you to refuse ten thousand dollars, for it will cost the company much more than that if we can raise sufficient to carry on the suit."

"Is there anything for us to do?" Fred asked.

"Very much. It is necessary to remain here, and send for Thorpe. I will first attend to pressing for trial, and then have an interview with the farmer for the purpose of frightening him into telling nothing but the truth. I fancy we can restore his memory by threatening him with a criminal suit."

"I'll run over for Sam," Joe said, as if a walk of five miles across the mountain was nothing more than a pleasure trip.

"It won't do for you to come," he added, as Fred was about to speak, "because I'm afraid Wright might use that warrant."

"Yes, it is much better you should remain here," Mr. Hunter said quickly. "Isn't it possible to find the boy who first suggested Dobson was the thief?"

"I'm afraid not; it looks very much as if he'd run away."

"It won't do any harm to walk around town while I'm gone," Joe suggested. "You may come across some feller who has seen him."

"I shall expect to meet all three this afternoon," the lawyer said, as his clients rose to go.

"Do not talk with any one regarding either case, and, above all, make no promises without first consulting me."

Joe and Fred left the office, the former saying when they were out of doors:

"Keep a stiff upper lip, lad, an' if the company gets the best of us, remember that Farley's isn't the only colliery in the middle field. When Bill is on his pins again we can pull up stakes an' look for another job."

"I am worrying about Sam rather than ourselves. It would be terrible if he was convicted of a crime he never committed."

"Better that than to be guilty; but we won't look at it in such a bad light yet awhile. I'm off now; when it's time for me to be back, hang around the hotel."

Then Joe started at a brisk pace, and with a heavy heart Fred walked aimlessly through the town.

The idea that by so doing he might learn something regarding Skip seem preposterous, and he hardly gave it a thought after Joe made the suggestion, therefore he was startled by hearing a familiar voice crying:

"Hi! Fred! Hold on a minute!"

Turning quickly he saw Skip coming toward him at full speed, and looking as if he had been on a long, rough journey.

"Where have you been?" he asked, in surprise.

"Trying' to find that feller Tim."

"Tim? What did you want of him?"

"Nothing'; but I thought you might. When things turned out at Farley's as they did it seemed to me that by gettin' hold of him the truth would come out."

"Have you been at that work all this time?"

"Yes."

"Of course you couldn't find him."

"Of course I could, an' if you want him I'll go straight to where he's hiding."

Fred looked at his friend in astonishment for an instant, and he cried:

"Come to the lawyer's with me this minute. You're the very fellow he's been wanting to see."

Five minutes later the two were closeted with Mr. Hunter, who appeared very well pleased with the news brought by Skip.

"How did you chance to find the boy?" he asked.

"It was a good deal like luck. Fred told about he an' Gus campin' by the river, an' I snooped up that way. A lot of us fellers stayed a week in the same place, so it was handy to get around. It was two days before I saw any signs of him, an' then I come mighty nigh tumblin' over his camp."

"How long since you left him?"

"Yesterday noon."

"Have you been traveling all this time?"

"Pretty much; but it don't make any difference if you want to send after him."

"That is exactly what I want to do, and as soon as possible."

"I'm ready now," and Skip started toward the door.

"I didn't mean quite as soon as this. Go for something to eat, while I make the necessary arrangements. Come back here when you've had dinner."

"It'll be two or three dinners in one," Skip muttered, as he followed Fred down stairs.

"Didn't you take any provisions?"

"Some; but not enough to last a great while. It don't make any difference, though, so long as I found Tim."

Skip was not so excited but that he could eat a hearty meal, and when it was finished the two boys returned to Mr. Hunter's office just as that gentleman entered, accompanied by a constable.

The official questioned Skip very minutely as to Tim's whereabouts, and when the boy had explained the situation to the best of his ability, the former said:

"I reckon we won't have to walk all the way. By riding up the valley road eight or ten miles it is possible to cut off a good bit of the distance."

"Very well, adopt any method which will insure your return to-morrow noon, for the trial is to come off at twelve o'clock. Go with him, Skip, and see to it that there is no loitering by the way."

"Are you intending to hire a team?" Fred asked the constable.

"Yes."

"Then I'll go with you to the stables."

The constable walked rapidly ahead leaving the boys to follow more leisurely, and Fred had time for a brief conversation.

"You've been a good friend, Skip, and none of us will ever forget what you've done."

"I don't want you to remember what happened while I was boss of the regulators."

"We never think of it. Now do you believe it is possible to go to the camp and back by noon?"

"It'll be a tight squeeze, even allowin' that we ride a good part of the way; but we'll pull through somehow."

"Then if Tim has run off, all your work will have been for nothing."

"It can't be helped if things turn that way; but I think he's too much frightened by the disappearance of Gus to leave a good hiding-place."

At this moment the officer emerged from the stable in an open wagon drawn by a powerful-looking horse, and Skip shouted, as he clambered in:

"We'll be back by noon."

Then the two were whirled rapidly away, and Fred walked slowly to Mr. Hunter's office depressed by a sense of impending evil.

The lawyer was absent, and, not caring to stroll around the town where he might meet acquaintances from Farley's, the boy remained alone until late in the afternoon, when Joe and Sam arrived.

"The trial is to come off to-morrow," he cried, mentioning first that subject which was nearest his heart.

"And you couldn't find Skip," Joe added, mournfully; but his face lighted up wonderfully on being told of what had occurred during his absence.

"We'll come out of the scrape all right, if one of the young scoundrels can be produced, so you an' Sam may as well look cheerful."

"Is there anything new at Farley's?" Fred asked.

"Wright is goin' around like a bear with a sore head; but I didn't hear anything about his servin' the warrant on you. I reckon neither him nor that blessed cashier fancy havin' the trial come off so soon."

"How is Bill?"

"Chipper as a chicken. Your mother has sent some clean clothes, an' we'd better mosey over to the hotel to make ourselves comfortable like."

Before any objection could be offered to this plan Mr. Hunter entered; but he did not delay the partners very long. After asking a few questions and jotting down the answers, he dismissed them with the caution to be at the office by eleven o'clock next morning.

During the evening Joe tried very hard to appear jolly and perfectly at ease; but the boys could not simulate cheerfulness, and the hours passed wearily despite their companion's efforts.

At an early hour Fred and Sam were on the road down which Skip had driven, waiting for his return; but when the appointed time for them to go to Mr. Hunter's office arrived, they had watched in vain.

Now the suspense was positively painful. The lawyer exhibited the utmost impatience, because the constable did not come, while his clients were on the verge of despair.

At half-past eleven when the train from Farley's arrived, the boys saw Mr. Wright and the cashier pass on their way to the court-room, and a few moments later Mr. Hunter said:

"We can't wait any longer. Very likely Tim had left his hiding-place when the officer got there, and the latter is so foolish as to try to find him. I should have warned them that Skip must return at all hazards, for by sending him away we lose a most important witness."

The boys arose to their feet in silence, and Joe was positively despondent in the face of what seemed very like defeat.

On arriving at the court the partners were given seats within the enclosure reserved for attorneys, and very near the superintendent; but he paid no attention to them.

The cashier glared fiercely at Sam for an instant, and then turned to look steadily in another direction.

The court was occupied with another case, and in answer to Sam's question Mr. Hunter said that his trial would not begin until it was finished.

"If it'll hold on 'till to-morrow so's to give Skip a fair chance of gettin' here, I'll be willin' to sit in this chair all night," Joe whispered to Fred.

"It can't be delayed very long, or Mr. Hunter would tell us," was the mournful reply.

"S'pose I slip out an' watch for him? He won't know where to come if there's nobody in the office."

This Fred thought was a very good idea, and he suggested it to the lawyer, who said:

"The constable knows that he is needed here, therefore they will put in an appearance immediately after arriving."

Five minutes later Sam was called upon to plead, and he answered firmly:

"Not guilty."

Then the cashier was summoned to the stand, and told his story correctly, except as to the latter portion, when he said that Fred appeared very nervous during the time his friend was absent. He also declared that the two boys made mysterious signs to each other, and in a variety of ways appeared guilty.

The teller of the bank, Mr. Wright, the constable who made the arrest, and one or two others gave evidence, and when the prosecution closed matters looked very black for the prisoner.

Then Sam himself was called to the stand, and for half an hour underwent a most searching examination. He described very minutely the journey to Blacktown; related every particular connected with his receiving the money, and explained why he chose to walk home, when, by waiting a short time, it would have been possible to ride on the cars.

That he had the money two or three moments before reaching the newly-discovered vein he was very positive. He had not intended to go to sleep when he laid down to rest. On awakening it was several moments before the loss was discovered, and then he searched in every direction.

Over and over again he told what is already known, and when the testimony was finished, it could be seen from the faces of those around, that the story was not generally believed.

Then Fred was called upon to tell of the chase and capture, after which Joe took the stand.

Had Skip been there the prisoner's case would have been strengthened just so much; but he yet remained absent, and even Mr. Hunter looked disheartened.

The miner was kept on the stand as long as possible, in the hope the missing one might come, and then the defense had been exhausted.

Unless Skip appeared within a few seconds Sam would be deprived of his liberty.