who appeared upon the scene after the discovery of the corpse by Miss Porter. He alleged he had dropped it in lifting the unfortunate remains of the deceased. Much amusement was created in court by the sentimental confusion of the claimant, and a certain partisan spirit shown by his fellow-miners of Blazing Star. It appearing, however, by the admission of this sighing Strephon of the Foot Hills, that he had himself found this pledge of affection lying in the highway six months previous, the coroner wisely placed it in the safe-keeping of the county court until the appearance of the rightful owner."
Thus on the 13th of September, 186-, the treasure found at Blazing Star passed out of the hands of its finder.
Autumn brought an abrupt explanation of the mystery. Kanaka Joe had been arrested for horse-stealing, but had with noble candor confessed to the finer offense of manslaughter. That swift and sure justice which overtook the horse-stealer in these altitudes was stayed a moment and hesitated, for the victim was clearly the mysterious unknown. Curiosity got the better of an extempore judge and jury.
"It was a fair fight," said the accused, not without some human vanity, feeling that the camp hung upon his words, "and was settled by the man az was peartest and liveliest with his weapon. We had a sort of unpleasantness over at Lagrange the night afore, along of our both hevin' a monotony of four aces. We had a clinch and a stamp around, and when we was separated it was only a question of shootin' on sight. He left Lagrange at sun up the next morning, and I struck across a bit o' buckeye and underbrush and came upon him, accidental like, on the Red Chief Road. I drawed when I sighted him, and called out. He slipped from his mare and covered himself with her flanks, reaching for his holster, but she rared and backed down on him across the road and into the grass, where I got in another shot and fetched him."
"And you stole his mare?" suggested the Judge.
"I got away," said the gambler, simply.
Further questioning only elicited the fact that Joe did not know the name or condition of his victim. He was a stranger in Lagrange.
It was a breezy afternoon, with some turbulency in the camp, and much windy discussion over this unwonted delay of justice. The suggestion that Joe should be first hanged for horse stealing and then tried for murder was angrily discussed, but milder counsels were offered—that the fact of the killing should be admitted only as proof of the theft. A large party from Red Chief had come over to assist in judgment, among them the coroner.
Cass Beard had avoided these proceedings, which only recalled an unpleasant experience, and was wandering with pick, pan, and wallet far from the camp. These accoutrements, as I have before intimated, justified any form of aimless idleness under the equally aimless title of "prospecting." He had at the end of three hours' relaxation reached the highway to Red Chief, half hidden by blinding clouds of dust torn from the crumbling red road at every gust which swept down the mountain side. The spot had a familiar aspect to Cass, although some freshly-dug holes near the wayside, with scattered earth beside them, showed the presence of a recent prospector. He was struggling with his memory, when the dust was suddenly dispersed and he found himself again at the scene of the murder. He started: he had not put foot on the road since the inquest. There lacked only the helpless dead man and the contrasting figure of the alert young woman to restore the picture. The body was gone, it was true, but as he turned he beheld Miss Porter, at a few paces distant, sitting her horse as energetic and observant as on the first morning they had met. A superstitious thrill passed over him and awoke his old antagonism.
She nodded to him slightly. "I came here to refresh my memory," she said, "as Mr. Hornsby thought I might be asked to give my evidence again at Blazing Star."
Cass carelessly struck an aimless blow with his pick against the sod and did not reply.
"And you?" she queried.
"I stumbled upon the place just now while prospecting, or I shouldn't be here."
"Then it was you made these holes?"
"No," said Cass, with ill-concealed disgust. "Nobody but a stranger would go foolin' round such a spot."
He stopped, as the rude significance of his speech struck him, and added surlily, "I mean—no one would dig here."
The girl laughed and showed a set of very white teeth in her square jaw. Cass averted his face.
"Do you mean to say that every miner doesn't know that it's lucky to dig wherever human blood has been spilt?"
Cass felt a return of his superstition, but he did not look up. "I never heard it before," he said, severely.
"And you call yourself a California miner?"
"I do."
It was impossible for Miss Porter to misunderstand his curt speech and unsocial manner. She stared at him and colored slightly. Lifting her reins lightly, she said: "You certainly do not seem like most of the miners I have met."
"Nor you like any girl from the East I ever met," he responded.
"What do you mean?" she asked, checking her horse.
"What I say," he answered, doggedly. Reasonable as this reply was, it immediately struck him that it was scarcely dignified or manly. But before he could explain himself Miss Porter was gone.
He met her again that very evening. The trial had been summarily suspended by the appearance of the Sheriff of Calaveras and his posse, who took Joe from that self-constituted tribunal of Blazing Star and set his face southward and toward authoritative although more cautious justice. But not before the evidence of the previous inquest had been read, and the incident of the ring again delivered to the public. It is said the prisoner burst into an incredulous laugh and asked to see this mysterious waif. It was handed to him. Standing in the very shadow of the gallows tree—which might have been one of the pines that sheltered the billiard room in which the Vigilance Committee held their conclave—the prisoner gave way to a burst of merriment, so genuine and honest that the judge and jury joined in automatic sympathy. When silence was restored an explanation was asked by the Judge. But there was no response from the prisoner except a subdued chuckle.
"Did this ring belong to you?" asked the Judge, severely, the jury and spectators craning their ears forward with an expectant smile already on their faces. But the prisoner's eyes only sparkled maliciously as he looked around the court.
"Tell us, Joe," said a sympathetic and laughter-loving juror, under his breath. "Let it out and we'll make it easy for you."
"Prisoner," said the Judge, with a return of official dignity, "remember that your life is in peril. Do you refuse?"
Joe lazily laid his arm on the back of his chair with (to quote the words of an animated observer) "the air of having a Christian hope and a sequence flush in his hand," and said: "Well, as I reckon I'm not up yer for stealin' a ring that another man lets on to have found, and as fur as I kin see, hez nothin' to do with the case, I do!" And as it was here that the Sheriff of Calaveras made a precipitate entry into the room, the mystery remained unsolved.
The effect of this freshly-important ridicule on the sensitive mind of Cass might have been foretold by Blazing Star had it ever taken that sensitiveness into consideration. He had lost the good-humor and easy pliability which had tempted him to frankness, and he had gradually become bitter and hard. He had at first affected amusement over his own vanished day dream—hiding his virgin disappointment in his own breast; but when he began to turn upon his feelings he turned upon his comrades also. Cass was for a while unpopular. There is no ingratitude so revolting to the human mind as that of the butt who refuses to be one any longer. The man who rejects that immunity which laughter
