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Tooly's companions did not act, appearing to await his orders, and, in the suddenness of this phase of the scene, Tooly found no voice for commands. Others of our men made ready on the instant, believing that a battle was on. It was averted, however. Tooly replaced his pistol in the holster, saying: "Well, of course as you say, my pie is over yonder. I don't want to kill you fellows."
The big fellow made his statement again, as he had made it to us; with the same emphatic threat to kill, if he could induce Wood or any one to speak out and affirm the charge of Tooly's complicity with the Indians. Tooly got off his horse and, pistol in hand, walked among the party; many of whom surely did tremble in their boots.
Tooly's trial was closed. The only instruction the court gave the jury was, "Gentlemen, you have heard the testimony and seen the evidence; what is your verdict?" The answer came, as the voice of one man, "Guilty." During the entire proceeding, at the post and down by the lake, the judge sat astride his mule. Addressing the prisoner once more from his elevated "bench," he said: "Mr.
The sheriff's demand for Tooly's weapons created more surprise, when it was revealed that, in his feeling of security while at the Post, he had relieved himself of those encumbering articles and deposited them with the landlord, that he might have freedom from their weight while enjoying the hospitality of the place. Thus his captors had him as a tiger with teeth and claws drawn.
Then Tooly saw that a goodly number of men had arrived from the other section of the camp, and were watching to see what would happen; some of these viewing the scene with attitude and looks that boded no good for the man who held the center of the arena. Tooly's threatening talk ceased. Still Wood said nothing.
Black and his two men seemed to be persons who ordinarily would be classed as honest. Still, they appeared to listen to Tooly's tales of prowess in the looting of emigrant trains as if they regarded such proceedings as acts of exceptional valor; exhibiting as much interest in the recital as did the "tenderfoot" emigrants who held a different opinion regarding those adventures.
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