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Updated: June 29, 2025
We don't want that kind of language used here, in the presence of our women and children." Tooly, standing erect, high in his stirrups, drew a large pistol from its holster and swung it above his head. "I will say what I please, where I please; and I don't care who likes it," roared Tooly, waving his pistol in air.
Tooly assumed an air of comradeship toward all, addressing various individuals as "Partner" and "Neighbor"; but his obvious willingness to hold the center of the stage made it clear that he deemed himself the important personage of the community. Some things he said were self-incriminating.
His captors had, with good reason, reckoned Tooly as like a beast of the jungle, who, when put at bay, would resort to desperate fighting; but, having been caught thus unawares and unarmed, violence on his part or resistance of any kind, was useless. He was doubtless feigning meekness, hoping for an opportunity to escape. A jury was selected, mostly from the stranger emigrants.
We will clear you if we can, or find you guilty if we must." In whatever direction the culprit looked he gazed into the open end of a gun or pistol. The sheriff said: "Now, Tooly, any motion of resistance will cost you your life."
The jury would not convict without conclusive proof. With the view of procuring further evidence, the judge ordered that the person of the prisoner be searched. Hearing this mandate, Tooly first made some sign of an intention to resist only a slight start, as if possibly contemplating an effort to break through the cordon of untrained guards.
Tooly, you are found guilty of the murder of Mrs. Wood and her child, the wounding of Mr. Wood, and robbery of his wagon. Mr. Wood has from the first stated his belief that you were with, and the leader of, the band of Indians which attacked his party.
Tooly declared he had never before seen the Englishman, but Wood said he had seen Tooly, and now reaffirmed his belief that the prisoner was one of the persons who, some weeks previously, had ridden with the Indians who killed Mrs. Wood and the child, also wounded and robbed the witness. Still the evidence was not deemed sufficiently positive or complete, the identity being in some doubt.
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