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Indian and Scout: A Tale of the Gold Rush to California
Indian and Scout: A Tale of the Gold Rush to California
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Indian and Scout: A Tale of the Gold Rush to California

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Jack flushed in the darkness at this allusion to himself, and stood undecided how to act. His idea of common fairness bade him decamp at once, and no doubt he would have done so had not the words he had already heard, and others which followed immediately, persuaded him that he ought to stay.

"Soft?" queried the other man with a giggle which roused Jack's indignation. "Perhaps he's made a mistake."

"No fear of that. He's more simple than soft. That's jest what I meant. He's jest mighty keen on his work, and don't give a thought to other matters. I guessed he was the man fer us, so I cleared old man James out with a call from his wife's sisters. Then I went down ter the forge, and the young chap asked no questions. I jest stuffed him with a yarn, and he swallowed it. At any rate, thar's the key. A fine job."

"And it's like the impression?"

An oath escaped the first man. He remembered now for the first time that he had left the wax model behind him.

"'Tain't no matter after all," he said after a while. "The model ain't no use to him, and ten to one he's tossed it into the fire. At any rate I compared the thing he made with the model, and I guess it was exact. Thar ain't a doubt but what it'll fit."

"Then thar's no use in waitin'. The lights yonder has been out fer the last three hours, save in the servants' quarters, and we know the old man who's in charge is as deaf as any adder. The sooner we break the place the better chance of getting clear. How's that?"

"Sense! Nothing more and nothing less. Let's git right now. Thar ain't no need ter exert ourselves. We'll drive pretty close, and walk right in."

The two figures appeared from the far side of the buggy, while Jack slid to the ground and crouched behind a bush. He caught the whiff of someone's pipe, and saw the red end of the barrel. Then the men sprang to their places, the whip cracked, and in a moment the buggy was moving away.

"Ought he to follow? Should he cling to the back of the buggy and give the alarm when they reached the house? Should he leave the matter? It was no affair of his."

The questions raced through Jack's mind, and for a few seconds he was undecided. Care for his own safety prompted him to pursue the easier course, to let matters drift, and not interfere himself. Then his duty – the common duty we owe one another – pulled him in the other direction. He would go and give the alarm. But those few seconds of indecision had altered the complexion of affairs. The buggy was already some yards away, and, though Jack ran, it rapidly increased its distance from him. Then the house to be burgled by these rascals was a good mile and a half away, and before he could arrive their purpose might be carried out.

"Not if I can stop them," said Jack stubbornly. "It's clearly for me to do something. I'll put a spoke in their wheel."

He took to his heels at once and cut straight across towards the house, at that moment hidden from him by a rise in the land. However, he soon sighted the light which had been referred to, and within a little while was at the gates which shut in the surroundings of the park attached to the mansion. They were open, and the buggy stood just within, the reins being secured to the ironwork. Jack stepped boldly through into the park, and ran along on the grass border. In a little while he reached the drive, and, skirting that – for to have stepped into it would have been to make a noise – he presently came to the large front door. It was open.

"And the thieves have gone in. I'll follow, and then kick up a rumpus," he said. "They shall not get away with any booty if I can avoid it."

He stepped across the threshold, and was within the mansion immediately. Listening for a moment, he heard sounds in the distance, and set off in that direction.

"Better catch them red-handed than not," he thought. "Guess this'll be a surprise for 'em."

CHAPTER III

A Rude Awakening

"Guess this'll be a surprise for 'em."

His heart throbbing a little faster than it was wont to do, and his pulses beating tumultuously, Jack crept along a passage, and presently came to a large door which stood ajar. There was someone within the room without a doubt; for he heard whispering voices, while, though the place was not lighted, every now and again a ray swept past the door, and penetrated through the chink beneath it, as if one of the burglars had a lamp and were flashing it to and fro. Then he heard the chink of metal.

"Silver!" he heard someone exclaim.

"H – h – ush! You'll wake the house, booby! Silver it is, and plenty of it. Easier ter take Jem Bowen's glint than dig for gold in Californy. Put 'em in the sack. Never mind bending the things. They'll all come out the same in the melting-pot. Here, leave the job ter me and get to the other cabinet."

The dulled sound of footsteps came to Jack's ear, and every now and again a metallic sound, as the silver articles were dropped into the sack. As for himself, he had made no sound as he came along the passage, for it was luxuriously carpeted. He stood at the door, hesitating again, eager to enter and face the men, and yet doubting whether the right moment had yet arrived. And our hero was to discover again to his cost that indecision does not always pay. In fact, that the man who can make up his mind on the spur of the moment, in a flash as it were, and act upon it inflexibly, without doubts, without a second's delay, is the man who more often succeeds in this life than he who is dilatory. But expedition in such matters is not to be expected from a lad of Jack's age. It was only natural that he should hesitate. After all, he was suddenly face to face with a dilemma which might well have tried the discretion and courage and steadiness of an elder man. He hesitated.

"If I go now they will get clean away with that silver. If I wait till they are fully engaged, and then wake someone in the house, then they may well be captured. Guess I'll wait. Helloo!"

Another dull footfall had come to his ears, and he swung round to see who had caused it. A big man was stealing up to him along the corridor, a man dressed in nightshirt and trousers, bearing a small lantern, and armed with a club. Jack was thoroughly startled, and, to be honest, lost his head. He was between two fires, and was likely to be singed by both.

"S-s-s-sh!" he whispered, holding up his finger. "In there. In there."

He pointed to the room at the door of which he stood, and again held up his finger for silence. But the man who was creeping down that passage had but one idea in his mind. He had been awakened by a sound, and from his position in one wing of the mansion had caught the flash of a light in one of the living rooms. The instant he saw Jack he took him for a burglar, and, now that he was within striking distance, he disregarded our hero's signs, and, suddenly dashing in, brought his club down with a furious swish. Fortunately for Jack it missed the mark. But in another moment they were locked in one another's arms, the newcomer endeavouring to use his club, while Jack gripped his arm with all his might. They fell to the ground during the struggle, and continued the contest there.

"Leave go!" shouted Jack at the top of his voice. "Can't you tell I'm on the same errand as you are. There are two men in there. Burglars! I've tracked them."

Crash! The club, seized in the man's other hand, came with a resounding bang against his head, and in a second our hero was unconscious. At the same moment the door of the room was torn open, and the lamp, which had rolled to the floor of the passage, but which was not extinguished, showed the two whom Jack had followed.

"Hands up!" shouted the fellow who had so unexpectedly appeared upon the scene, and who had made such a stupid error with respect to our hero. "Yer won't! Then take the consequences!"

He was a sturdy fighter, this caretaker of the mansion and in one brief half-second had broken the arm of one of the men. Then he attacked the second, and no doubt would have done him a like injury with his formidable weapon had not the fellow drawn back. Something bright glinted in his hand; there was a sharp report, which went echoing down the corridor, and instantly his attacker fell to the ground.

"Wall! If that don't beat everything! Dead, is he?"

The one with the broken arm bent over, supporting his injured limb with the other, and looked at the man who had been shot.

"As mutton," he said curtly; "and serve him right. He's broken my arm."

"Who's the other? Seems he must have been following us, and this old fool took him for one of our gang. Turn him over."

Together they rolled Jack over on to his back and inspected his face.

"Gee!" cried the leader, the one who had come to the forge that morning; "ef it ain't the youngster who made the key for me. And I thought he was soft. Phew! Wall, he's brought it on hisself. Get the sack, mate, and let's be moving. We know the old man was alone in the house, so thar's no hurry. But it won't do ter wait. Someone else might be in the game. Get the sack, and we'll drive."

Without a thought for the man they had shot, or for poor Jack, they decamped from the mansion, leaving the two victims lying on the floor. Ten minutes later their buggy was whirling them away, so that no trace was left of them when the morning came. And it was not till then that the crime was discovered. A gardener found the door open, and, being unable to make the caretaker hear, entered the mansion. An hour later Hopeville's solitary policeman was there.

"Hm! A burglary," he said knowingly; "and the old man came in at the right moment. Is he dead?"

"Left for dead, but still breathing ever so gently," answered the gardener. "I've sent for the doctor."

"And t'other fellow?"

"Head pretty nigh bashed in. Insensible, and likely to remain so for a day," was the report. "Reckon Davy caught him nicely. What'll you do?"

"Note the surroundings first. Then, when the doctor arrives, get 'em to bed. Reckon the thief couldn't be moved yet awhile."

It was an hour before surgical aid arrived, and very soon afterwards Jack was put into a bed in one of the attics, with a groom to watch him, and make sure that he did not escape. As for Davy, he was carried to a sofa, the movement nearly shaking the slender thread of life still remaining out of his body. He rallied slightly, opened his eyes, and in a feeble voice gave an account of the burglary. Then he closed his eyes, and died within ten minutes.

"Which makes the case worse for that young blackguard upstairs," said the man of law. "To think that James Orring's man should take to such ways. I've sent along for him, so as to ask a few questions. Guess he'll be mighty put about. It was only yesterday that he passed me on the road, and got to talking about young Jack Kingsley. It'll be a case of – " He jerked his head back, and indicated a hanging.

"Y-e-e-es," agreed the other doubtfully, "ef it's proved. In the States a man ain't guilty, and don't hang in consequence, till he's proved to have done murder."

"Proved! It's a clear case," exclaimed the policeman. "Clear as daylight. Here's the young blackguard discovered on the premises, knocked silly by Davy's club, and Davy himself dyin'. Ef that ain't clear, what is?"

His familiarity with the law, the necessity for showing greater knowledge than the gardener, caused the policeman to sniff with indignation. To his legal mind Jack was not only guilty of the offence, but was already condemned. Indeed, looking at the evidence clearly, things wore a black aspect for him. Now that Davy was dead there was no one to give evidence but himself, and the poor fellow who had so recently died had definitely stated that Jack was one of the burglars, believing that to be the case himself.

Let the reader imagine our hero's feelings when at length he regained consciousness, and was taken to the station-house.

"Taken for one of the burglars, just because that poor, stupid fellow made the mistake! Surely not," he groaned. "That would be too cruel! I can prove that I was not. I can describe what happened – how I met them on the heath and followed. I can speak about the key, and – "

He broke off with a groan, for as he reviewed the matter he realized that he could but make a statement of what had happened, but that there was no one to bear it out. After all, facts were glaringly against him. Indeed he realized that to the full when he was brought up before the sheriff and judges.

"The prisoner states that he was at work in the forge when a man entered and desired to have a key made," counsel for the prosecution announced, when summing up the case. "That may or may not be the case, though we can believe that it happened, for there were footmarks in the mud outside the smithy which correspond with others on the lawn outside the mansion. But we maintain that those marks were those of an accomplice. The prisoner made the key to match a wax impression supplied by this accomplice, and carelessly left the impression in the smithy. Now let us follow the prisoner's movements. He shuts the smithy and goes off in the evening, as he has done many times before. But let us bear in mind an important item of evidence. On ordinary days he would have to be back by nine o'clock at the latest. But on this particular evening he owns that he walked so far that a return at that hour was impossible. With that we place the fact that James Orring and his wife were lured away from Hopeville for the night. Is that not very suggestive of prisoner's complicity in this crime? He lures his patron away, so that his absence shall not be detected. And why should he walk farther on this particular occasion? To meet the buggy with his two accomplices. The tracks on the heather are clear enough to show that three men were about the buggy. It stands to reason that one man could not have been spying, for he would certainly have been detected.

"And now we come to the mansion. Davy declares that this man was one of the miscreants, though he did not say who fired the shot. That is his dying deposition. Is it probable that he would have thrown himself upon a defenceless youth? Highly improbable. Unbelievable. Contrary to common sense. And had he done so, is it possible that he could still have persevered in his error? No, a thousand times no! Davy, at death's door, gave us his honest conviction."

Terribly black was the evidence, and it may be imagined with what a sinking heart our unfortunate hero listened to it all. There was no one to speak for him, save honest James Orring, who sturdily maintained that his apprentice was innocent.

"Find the weapon with which he shot the man Davy," he asked savagely, "and then talk of the lad's guilt. A steadier boy never worked in a forge. Him a burglar! Not much! And ef he was, do yer think I shouldn't have spotted it, with him under my eyes day and night?"

Jack's case stirred the countryside, and filled the columns of the paper. Discussion as to his guilt or innocence waxed loud and furious, and was responsible for many incidents. People took up the cudgels for him in the saloons, and often enough that led to angry words and to broken heads. Even the jury wavered. Looking at Jack in the dock they were bound to confess that a franker face never before was seen. The prisoner faced his terrible position with a courage and fortitude which were commendable, while his answers were so direct, so evidently spontaneous and sincere, that even with that damning evidence before them the most experienced of the jury felt a qualm, hesitated a little, and was inclined to give some benefit to the prisoner.

"It'll be manslaughter," said James dolefully, "as he discussed the matter with his wife. They'll never hang Jack, even though the evidence is so black against him. He'll be given ten years, ten long years, in prison."

Mrs. Orring wept, and was joined by Jack's mother, who had come to stay with them during the trial.

"Ten long years," she moaned. "He'll be an old man by then. To think that a bonny fellow such as he must be shut up for the finest years of his life, must be treated like a wild beast. Oh, it is horrible!"

"He shan't! I tell yer he shan't!" cried James, banging his fist on the parlour table till the whole floor shook. "Even though I war the victim of a hoax that cleared me away for the time being, I ain't never had ought but a friendly feelin' for young Jack, and I'm dead sartin that he's as innocent as a babe. If them skunks who were in it had the pluck of sparrows, they'd come forward and declare theirselves. But they won't – trust 'em! And they'll see this young chap nigh hanged and put in prison, while they're free ter burglar other places. Jack's up against it hot and strong, and I'm his friend. I say again, he shan't go to prison."

His vehemence was remarkable, and stirred his listeners.

"Not go to prison! You won't – " commenced Mrs. Orring.

"Silence, woman!" thundered James, his brows knit close together, his eyes staring at the opposite wall. "Ye've heard what I've had to say. Then silence! Not another word! Don't breathe a syllable to a soul. Good night!"

The usually pleasant and easy-going smith got up and left the room abruptly, while the two women stared at one another, half-laughing and half-weeping.

"This is how I look at it," said James, when he was well away from the house. "I can't get to think in there with women round me, but here a man can see things clearer. Jack's done. If he ain't hanged, he'll be put away fer ten solid years. And how's he ter prove his innocence when he's cooped up within four walls? He can't, and thar's no one else to do it fer him. And supposin' he goes fer the ten years, he's branded as a felon, and won't have the spirit or the energy ter try to clear himself when at last he gets free. I don't, as a rule, get advisin' a man as is innocent ter skip before his trial's finished. It makes things all the blacker agin him. But here's a case where no good can come with waitin'. He's branded, sure, and he'll stay branded if he goes to prison. I'll go and see Pete."

Pete was an old friend of James's, and because of help he had had at a critical time, from the owner of the smithy, he always had an indulgent ear for James.

"Ef yer could get ter chat along with the policeman, maybe I'd be able ter take a look at Jack," said James, accosting his friend, and passing him a wink. "Not yet awhile, though, 'cos I'm busy. But after tea. Jest about sevin o'clock."

Pete looked up quickly, and a sharp glance shot from his eyes. He was a man of sixty-five, perhaps, though he looked older, and was already as white as snow as to his hair and beard. But he was no fool, was Pete, and his glance showed that he half-understood James.

"You aer thinkin' that boy's innocent?" he asked, as he sucked at his pipe.

"Dead sartin," replied James. "Sit down and have a smoke. Try mine."

He handed out his tobacco skin, and Pete filled from it gratefully.

"Up!" he remarked, as he pulled at the pipe; "and you was thinkin' maybe that Jack – "

"Yer know what I was thinkin', Pete," exclaimed James bluntly. "Look ye here. Have yer ever been dead down on yer luck, right clean hard up agin it?"

Pete nodded, his ferrety little eyes watching the smoke curl up from the bowl, and his whole expression denoting satisfaction.

"I've been dead down on the rocks, with the pinnacles comin' clear through," he admitted, as if the recollection caused him enjoyment. "I've had fortune play me so scurvily that I couldn't see a crust anywheres, and hadn't but one friend ter turn to. Yes, James, I've knowd what it is ter be clean up agin it."

"And yer didn't want help?"

"Ye've struck it wrong. Every man wants help some day. It may be only when he's old and tottery, like me – " he stopped to smile, and watch the smoke again – "jest like me," he repeated. "Sometimes he don't want it even then. But there's others want it, soon and plenty, when they're just cuttin' their teeth. Guess Jack's one of 'em."

"And he's jest got one friend," said James slowly. "That's me."

"Then you've struck it wrong agin. Jack's got two. Jack's friend is my friend. I don't forget the time when I was up agin it."

The shrewd, sharp look came again from the old man, and James noted it. Taking his courage in both hands he blurted out his news.

"I'm goin' to fetch him out of that ere jug of a prison," he said curtly. "Help me with the policeman, and – and – "

"Why, bless us! what am I doin'," cried Pete, suddenly taking his pipe from his mouth. "It's five o'clock now, and I must be goin'. I've got a 'pointment with the constable at sivin, jest to do a bit of talkin'. So long, James."

"And bless you," thought the owner of the smithy, as Pete departed. "Now ef I don't fix it, my name ain't James Orring. First thing's an aliby."

He stood thinking for a few moments, and then hastened back home. Tea was ready, and after that, and a smoke, it wanted only a quarter to seven.

"Missus," said James suddenly, "I'm agoin' to bed. I've a headache. Jest come in and put the light out, will yer."

Mrs. Orring was not gifted with a brilliant wit, and stood for a while regarding her husband with questioning eyes. For James certainly did not look to have a headache. If ever a man looked in robust and absolute health it was he. But Jack's mother saved the situation.

"I think I should go and do as he says in a few moments, dear," she whispered. "You see, to-morrow you will be able to tell the people that James went to bed, and that you left him there, sick with a headache."

It dawned upon Mrs. Orring that this manœuvre of her husband's might have something to do with Jack, and promptly she carried out his wishes.

"And jest sit right there in the front parlour," said James, as the light was put out. "Then I shan't be disturbed with the talking. Yer can come in and see how my head's doin' when I call. Not before, 'cos I shall likely be sleepin'."

He yawned, turned over, and drew the clothes well across him, as if disposing himself for sleep. But within a minute of Mrs. Orring's departure, James was out of bed. To open the window and leap out was the work of a moment. Then he went straight to the smithy, procured a file and a hammer, and, covering his face with a scarf, set off towards the prison, choosing a path at the back of the houses.

"Better see as Pete's got the constable in tow," he said to himself as he went. "Now's the time to work a liberation, 'cos this jail ain't by noways strong. But after the trial's over, and the verdict's given, guess Jack'll be taken to a place as strong as could be wanted. Now what in thunder aer we ter do with him when he's out."

The difficulty almost floored James, and for a time he sat pondering.

"Got it!" he cried at last. "Thar's bound ter be a hue and cry, and a dickens of a fuss; and the country-side'll be searched high and low. Guess I'll help ter put 'em off the tracks."

Some ten minutes later he was close to the prison, and had safely hidden himself in the angle of a house from which he could watch the street. Hopeville boasted of a town hall and a jail, both perched at the edge of a square, which, now that the township was a dozen years old, had become the fashionable promenade of the inhabitants. It was lighted by some half-dozen swaying oil lamps, and was provided with a few benches. On one of these, some distance from the tiny prison, Pete was seated as James looked, smoking quietly, and engaged in earnest conversation with the only constable that Hopeville possessed. And if that conversation could have been overheard, it would have appeared at once that the artful Pete was playing on the constable's vanity.

"Good for me! Good for Jack!" thought James. "Now, I won't lose no time about it, and I'll go at it like a man."

Being the only smith in the place, he was thoroughly acquainted with the ins and outs of the prison, and knew the solitary cell it boasted. James was no believer in half-measures. He clambered on to a wall at the back of the prison, made his way along it, and gained a roof. The grilled window of the cell looked on to this, and in a twinkling James was at it.

"Hist!" he called through the bars. "That you, Jack!"

He had to repeat the summons before our hero put in an appearance.

"What is it?" he asked sleepily. "You! James!"

"Fer sure. Look here, Jack! Ye're innocent, and we knows it."