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Updated: June 29, 2025
Black's "goods"; how far it might be to Sacramento; anything to be sociable: but none offered to tap the barrel. The stranger emigrants had heard of the Indian raids up the river. Seeming to have inferred something of pending events, they had gone to the trading post in considerable numbers. Tooly was still there.
Complying with the request of the judge, the sheriff had a hole dug near where the body lay, and the dead man was buried, sans ceremonie. The court returned to the trading post and requested the proprietor to state what he knew of Tooly. Mr.
He declared again, as he stalked about, that he would shoot the hapless Wood, "like a dog", or any one who would repeat the charge. There were but a few men in that part of the camp when Tooly commenced this second tirade, in the presence of Wood; but soon more came from the other part of the train. Mr.
These, also his saddle and other trappings, were searched for evidence; but, except the pistols, nothing was found that tended to throw any further light on the question of his guilt or innocence. Tooly was then taken, under a heavy guard, to a spot some distance from the Post, where the court reconvened, for the purpose of completing the trial.
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."
You afterwards denied it; but now, in addition to his almost positive identification, and many circumstances pointing to your guilt, you are found with the fruits of that robbery on your person. Have you anything to say?" Tooly was ashy pale, and speechless.
The improvised court sat on an alkali flat near the margin of the lake, where there were some large stones and clumps of sage-brush. There Tooly was confronted by Mr. Wood, still with bandaged arm.
In silence, Tooly mounted his horse, and with his fellows rode away, leaving the party of emigrants most of them terror-stricken, some angry standing dumb, looking at one another, and at the retreating three until they went out of sight, in the dusk of the desert night-fall: stood there on the sage-brush sward, a tableau of silent dumbfoundedness; for how long none knew; each waiting for something to break the spell.
The muzzle of Van Diveer's pistol was within an arm's-length of Tooly, aiming steadily at his head. Tooly was yet with pistol in hand but not quite in position for use of it on his adversary. Van Diveer's advantage was slight, but sufficient for the occasion.
"Gentlemen," ordered the sheriff, "keep, every man, his eye on this fellow, and his finger on the trigger." Then to the prisoner, "Stand, sir, or you will be reduced to the condition of a 'good Indian'!" Escape as yet appeared impossible, and Tooly must have finally come to a definite realization that he was in the hands of men who meant business, most earnestly.
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