"Won't they attempt a rescue?" I asked of Danny Randall, under cover of the pandemonium. "They could easily fight their way free."
"That would mean outlawing themselves. They would rather get clear under some show of law. Then they figure to run the camp."
The vote was understood to favour a jury trial.
"That settles it," said Danny; "the poor damn fools."
In the selection of the jury we had the advantage. None of the roughs could get on the panel to hang the verdict, for the simple reason that they were all too well known. The miners cautiously refused to endorse any one whose general respectability was not known to them. I found myself one of those selected.
A slight barrier consisting of a pole thrown across one corner of the room set aside a jury box. We took our places therein. Men crowded to the pole, talking for our benefit, cursing steadily, and uttering the most frightful threats.
I am not going to describe that most turbulent afternoon. The details are unessential to the main point, which was our decision. Counsel was appointed by the court from among the numerous ex-lawyers. The man who took charge of the defence was from New York, and had served some ten years in the profession before the gold fever took him. I happen to know that he was a most sober-minded, steady individual, not at all in sympathy with the rougher elements; but, like most of his ilk, he speedily became so intensely interested in plying his profession that he forgot utterly the justice of the case. He defended the lawless element with all the tricks at his command. For that reason Woodruff was prevented from testifying at all, except as to his ownership of the cattle; so that the effect of his pathetic story was lost. Dr. Rankin had no chance to appear. This meeting should have marked the awakening of public spirit to law and order; and if all the elements of the case had been allowed to come before the decent part of the community in a common-sense fashion, I am quite sure it would have done so. But two lawyers got interested in tangling each other up with their technicalities, and the result was that the real significance of the occasion was lost to sight. The lawyer for the defence, pink and warm and happy, sat down quite pleased with his adroitness. A few of us, and the desperadoes, alone realized what it all meant.