At this point, the crowd outside rushed in. One man was knocked down with a pitcher, and while a number of his assailants held Ben, Dwyer kicked him repeatedly. Frightened at the noise, French Kate rushed into the bar-room. She took in the situation at a glance. Ben, her lover, was being assaulted--one man against a score. Kate dashed into the crowd, and with the butt-end of a revolver, knocked two or three of the ruffians down. Meantime, Ben reached around and succeeded in drawing his own revolver, with which he began to shoot. He aimed wholly at random, having no other idea than that of preserving his own life. Who fell he did not know.
The shots soon drove the crowd from the room. That same night, at a later hour, an attempt was made to set fire to the house; but a single shot was enough to end this game.
A drunken officer was sent to arrest Ben on the charge of murder. One of the shots fired in the encounter had proved fatal. Hogan refused to surrender himself to this fellow, who stood outside the house threatening to shoot; but later, he gave himself up to other officers who came in search of him.
The justice, after a hearing, was about to commit Ben for trial, but the prisoner declared that he would not be locked up.
"For if I am," he added, "I shall be lynched. Let me take my chances against these men, but don't take away from me all means of self-defense!"
This appeal had its effect, and a Mr. Shaw becoming security for the prisoner, he was released.
The trial took place on the Monday following--the shooting occured on a Saturday. Ben appeared in the dock, and before a single witness had been called he arose and said:
"I want simply a fair trial, and nothing more. Let every man tell what he knows about the shooting, but let him be careful not to perjure himself. For I announce here that the first witness who goes upon that stand and swears to what is false I will kill in just three seconds. That is all I have to say, gentlemen!"
When Ben resumed his seat, the court room was as silent as a tomb. The conspirators who were on hand to convict Hogan glanced at each other with pale faces. They had agreed to swear to whatever should be necessary to secure a verdict of guilty; but Ben's words had taken the backbone completely out of them. They knew it was no vain threat which he uttered. They knew that if they swore to what was false they would drop where they stood.