Down the Slope

Five minutes later Sam was called upon to plead, and he answered firmly:

"Not guilty."

Then the cashier was summoned to the stand, and told his story correctly, except as to the latter portion, when he said that Fred appeared very nervous during the time his friend was absent. He also declared that the two boys made mysterious signs to each other, and in a variety of ways appeared guilty.

The teller of the bank, Mr. Wright, the constable who made the arrest, and one or two others gave evidence, and when the prosecution closed matters looked very black for the prisoner.

Then Sam himself was called to the stand, and for half an hour underwent a most searching examination. He described very minutely the journey to Blacktown; related every particular connected with his receiving the money, and explained why he chose to walk home, when, by waiting a short time, it would have been possible to ride on the cars.

That he had the money two or three moments before reaching the newly-discovered vein he was very positive. He had not intended to go to sleep when he laid down to rest. On awakening it was several moments before the loss was discovered, and then he searched in every direction.

Over and over again he told what is already known, and when the testimony was finished, it could be seen from the faces of those around, that the story was not generally believed.

Then Fred was called upon to tell of the chase and capture, after which Joe took the stand.

Had Skip been there the prisoner's case would have been strengthened just so much; but he yet remained absent, and even Mr. Hunter looked disheartened.

The miner was kept on the stand as long as possible, in the hope the missing one might come, and then the defense had been exhausted.

Unless Skip appeared within a few seconds Sam would be deprived of his liberty.

CHAPTER XXXII

ACQUITTED

If Skip had been an actor in a pantomime, and rehearsed the scene every day for a week, he could not have arrived more precisely, than when he made his appearance at the very moment Mr. Hunter was about to declare the defense closed.

Sam and Fred sprang to their feet as he entered the door, and Joe actually shouted, so great was his joy and relief; but he was speedily made to understand by the officers that another breach of decorum as flagrant would result in his expulsion from the court-room.

Following Skip came the constable leading Tim, who looked frightened and pale. Mr. Hunter at once called the prisoner to the witness stand.

Not knowing that Gus had denied having seen the money, Tim soon said enough to convict himself, and in a few moments was ready to confess his share in the matter.

"I didn't take it," he said, whiningly. "Gus showed me the money here in town an' told as how he'd sneaked it out of the pocket of a feller what he found asleep on the mountain. He agreed that I could have half if I'd go off somewhere with him."

"Where is he now?" Mr. Hunter asked.

"I don't know. When I went for some grub he was watchin' Fred Byram what we caught followin' us."

"What had been done with the money?"

"He had all that was left but ten dollars, an' I was goin' to spend that."

"What had Fred Byram done to you?"

"Tried to get the stuff, so's his chum wouldn't be sent to jail."

"How did he know you had the bills?"

"That's what puzzles me, 'less Gus give himself away to Skip Miller."

"Have you seen your friend since you left him to go in search of provisions?"

"If I had he'd been used up pretty bad for runnin' off with the cash after coaxin' me to leave town with him."

Very little more in the way of evidence was needed, and in a short time Sam was told by the judge that there was nothing to show he was at fault in the matter, except so far as being careless in lying down to sleep, while having such an amount of money in his pocket.

With this slight reprimand he was discharged from custody, and Tim sent to jail.

When the partners were in the street once more Joe found it almost impossible to keep his joy within bounds. He acted in the most extravagant manner until Fred reminded him that the people might think he was intoxicated.

"We'll telegraph to Bill, anyhow," he cried, and straightway the following message was sent:

"William Thomas, Farley's, Pa.:

"Skip Miller has fixed everything. Sam is free. Hurrah for Skip.

    Joe."

"There," he said, after writing the telegram, a task of no mean magnitude for him, "that puts the credit jest where it belongs. I ain't sayin' the lawyer didn't do his share; but he'd been snowed under if Tim hadn't been brought in the nick of time."

Skip was radiant with delight, as he had every reason to be, since now he felt certain his past misdeeds were atoned for, and the partners repeated over and over again that they owed him a debt which could never be repaid.

Mr. Hunter insisted that the owners of the mine should remain in Blacktown until he learned whether sufficient money could be raised with which to defend the suit brought against them; but Joe was bent on going to the depot for the purpose of witnessing Mr. Wright's departure.

"I want to see how he an' and his precious cashier look after failin' in convictin' an innocent boy of stealin' what never oughter been put in his charge."

Fred did not care to indulge in such questionable triumph; but the miner was so persistent that he could not well refuse, and the three stood on the platform when their accusers boarded the cars.

Neither of the men glanced toward the little group; but a bystander who had been present at the trial, said loud enough to be heard by both:

"It looks like pretty poor business for a big corporation to try to send a boy to jail in order that he may be robbed of his property."

"You're a sensible man," Joe cried, approvingly, as he insisted on shaking hands with the stranger, "an' if the time ever comes when me or my mate can do you a good turn we'll be glad."

After this the four walked to the hotel, for Skip was sadly in need of food, and Joe said, in a tone of satisfaction:

"I'm willin' to bet considerable that when we get back to Farley's we'll find as how Wright has gone somewhere on business, an' the cashier is takin' a vacation. Bill will show my telegram to everybody what comes in, and the whole town will be agin 'em."

"If the company wins the suit, Mr. Wright won't care very much about what is said, for with two mines he will be the boss of this section," Sam replied. "I don't bother with anything at Farley's jest now; the company can run matters to please themselves, if they fail to cheat us out of our property."

Now that one cause for anxiety was removed the partners devoted more time to discussing the question of title, and before night-fall had succeeded in making themselves feel decidedly uncomfortable.

During the evening Mr. Hunter called with cheering news.

"Among the subscribers I have found four gentlemen of means, who will advance the funds necessary for defending the suit, provided they are allowed a certain additional amount of stock in case of success. The four owners of the property must sign an agreement to that effect, and the business is settled."

"How will that affect our interest?" Fred asked.