Smith & Wesson revolver, with seven cartridges, and various automatic and other improvements; and he had further been fitted out with a belt to sling it in; and all this apparatus he had faithfully borne from sunset till sunrise. This, and his presence in the forest when Henry was shot, were the damning facts against him.
Tom's English straightforwardness, combined with his evident affection for the dead man, his indignation at being supposed capable of working him injury, and his consternation at being arraigned before the majesty of the law, were both comical and pathetic. When the revolver was produced, moreover, all the seven cartridges were still in it, and there was no sign of its ever having been discharged. No one of the witnesses called to testify as to his character could find a word to say against him; nor could it be shown that he had ever had any misunderstanding with the deceased, or had anything to hope from his death. And when he was put up to answer for himself, his testimony was as convincing as it was involved.
"'Twas this way, please yer honor," he began. "We was to drive to the lake for to spend the night: there was me an' the young gentlemen,—barrin' Master Frank, as was laid up with a bad foot, sir,—an' the mistress, an' the young lady: so, when we got there. Master John, says 'e, 'Saddle up, Tom,' 'e says, 'an' take the pistol,' 'e says, 'an' back we goes to wallop them burglars,' 'e says. So I didn't know what 'e'd be hup to, yer honor, not 'avin' 'ad the tip: 'owsomever, I saddles up, an' hoff we goes, me an' Master John an' Master 'Enry. An' there was the young lady, she was achin' to go too, an' they wouldn't 'ave it ; but says she to me, private-like, says she, 'I'll be heven with 'em yet, Tom,' she says; 'I knows 'ow to put on a saddle myself,' she says, 'so look out,' she says. Well, hoff we goes, leisurely-like, an' the young gentlemen a-chaffin' an' a-laughin', an' Master 'Enry 'e gives me a pull at 'is flask, God bless 'im, for to keep my gall up, 'e says. Well, 'twas that dark as we missed our way oncet or twicet, an' it might be 'alf after eleven when we was back in our hown woods, yer honor. Well, we dismounted, an' tied up to"
"Try to be more succinct," interposed the examining gentleman. "How did you dispose yourselves after arriving in the vicinity of Cedarcliffe?"
"Master John, says 'e, 'You keep by an' along 'ere, Tom,' 'e says, 'an', 'Enry, do you look out for that side,' 'e says, 'an' I'll do this 'ere slice,' 'e says; 'an' if any one on us raises the game,' 'e says, 'jest up pistol an' fire in the hair,' 'e says, 'an' t'others on us will close up an' nab 'em,' he says. So hoff Master 'Enry an' I goes, one one way an' t'other the bother, an' leaves Master John where 'e was. Well,
