Blackwood's Edinburgh Magazine - Volume 54, No. 338, December 1843

The man's agony was so intense, that even the iron featured jury seemed moved by it. They cast sharp, but stolen glances at Bob. There was a short silence.

"So you have killed a man?" said a deep bass voice at last.

"Ay, that have I!" gasped Bob.

"And how came that?" continued his questioner.

"How it came? You must ask the devil, or Johnny. No, not Johnny, he can tell you nothing; he was not there. No one can tell you but me; and I hardly know how it was. The man was at Johnny's, and Johnny showed me his belt full of money."

"Johnny!" exclaimed several of the jury.

"Ay, Johnny! He reckoned on winning it from him, but the man was too cautious for that; and when Johnny had plucked all my feathers, won my twenty dollars fifty"——

"Twenty dollars fifty cents," interposed the judge, "which I paid him for catching mustangs and shooting game."

The men nodded.

"And then because he wouldn't play, you shot him?" asked the same deep-toned voice as before.

"No—some hours after—by the Jacinto, near the Patriarch—met him down there and killed him."

"Thought there was something out o' the common thereaway," said one of the jury; "for as we rode by the tree a whole nation of kites and turkey buzzards flew out. Didn't they, Mr Heart?"

Mr Heart nodded.

"Met him by the river, and cried, halves of his money," continued Bob mechanically. "He said he'd give me something to buy a quid, and more than enough for that, but not halves 'I've wife and child,' said he"——

"And you?" asked the juror with the deep voice, which this time, however, had a hollow sound in it.

"Shot him down," said Bob, with a wild hoarse laugh.

For some time no word was spoken.

"And who was the man?" said a juror at last.

"Didn't ask him; and it warn't written on his face. He was from the States; but whether a hosier, or a buckeye, or a mudhead, is more than I can say."

"The thing must be investigated, Alcalde," said another of the jury after a second pause.

"It must so," answered the Alcalde.

"What's the good of so much investigation?" grumbled Bob.

"What good?" repeated the Alcalde. "Because we owe it to ourselves, to the dead man, and to you, not to sentence you without having held an inquest on the body. There's another thing which I must call your attention to," continued he, turning to the jury; "the man is half out of his mind—not compos mentis, as they say. He's got the fever, and had it when he did the deed; he was urged on by Johnny, and maddened by his losses at play. In spite of his wild excitement, however, he saved that gentleman's life yonder, Mr Edward Nathanael Rivers."

"Did he so?" said one of the jury.

"That did he," replied I, "not only by saving me from drowning when my horse dragged me, half dead and helpless, into the river, but also by the care and attention he forced Johnny and his mulatto to bestow upon me. Without him I should not be alive at this moment."

Bob gave me a look which went to my heart. The tears were standing in his eyes. The jury heard me in deep silence.

"It seems that Johnny led you on and excited you to this?" said one of the jurors.

"I didn't say that. I only said that he pointed to the man's money bag, and said—— But what is it to you what Johnny said? I'm the man who did it. I speak for myself, and I'll be hanged for myself."

"All very good, Bob," interposed the Alcalde; "but we can't hang you without being sure you deserve it. What do you say to it, Mr Whyte? You're the procurador—and you, Mr Heart and Mr Stone? Help yourselves to rum or brandy; and, Mr Bright and Irwin, take another cigar. They're considerable tolerable the cigars—ain't they? That's brandy, Mr Whyte, in the diamond bottle."

Mr Whyte had got up to give his opinion, as I thought, but I was mistaken. He stepped to the sideboard, took up a bottle in one hand and a glass in the other, every movement being performed with the greatest deliberation.

"Well, squire," said he, "or rather Alcalde"——

After the word Alcalde, he filled the glass half full of rum.

"If it's as we've heard," added he, pouring about a spoonful of water on the rum, "and Bob has killed the man"—he continued, throwing in some lumps of sugar—"murdered him"—he went on, crushing the sugar with a wooden stamp—"I rather calkilate"—here he raised the glass—"Bob ought to be hung," he concluded, putting the tumbler to his mouth and emptying it.

The jurors nodded in silence. Bob drew a deep breath, as if a load were taken off his breast.

"Well," said the judge, who did not look over well pleased; "if you all think so, and Bob is agreed, I calculate we must do as he wishes. I tell you, though, I don't do it willingly. At any rate we must find the dead man first, and examine Johnny. We owe that to ourselves and to Bob."

"Certainly," said the jury with one voice.

"You are a dreadful murderer, Bob a very considerable one," continued the judge; "but I tell you to your face, and not to flatter you, there is more good in your little finger than in Johnny's whole hide. And I'm sorry for you, because, at the bottom, you are not a bad man, though you've been led away by bad company and example. I calculate you might still be reformed, and made very useful—more so, perhaps, than you think. Your rifle's a capital good one."

At these last words the men all looked up, and threw a keen enquiring glance at Bob.

"You might be of great service," continued the judge encouragingly, "to the country and to your fellow-citizens. You're worth a dozen Mexicans any day."

While the judge was speaking, Bob let his head fall on his breast, and seemed reflecting. He now looked up.

"I understand, squire; I see what you're drivin' at. But I can't do it—I can't wait so long. My life's a burthen and a sufferin' to me. Wherever I go, by day or by night, he's always there, standin' before me, and drivin' me under the Patriarch."

There was a pause of some duration. The Judge resumed.

"So be it, then," said he with a sort of suppressed sigh. "We'll see the body to-day, Bob, and you may come to-morrow at ten o'clock."

"Couldn't it be sooner?" asked Bob impatiently.

"Why sooner? Are you in such a hurry?" asked Mr Heart.

"What's the use of palaverin'?" said Bob sulkily. "I told you already I'm sick of my life. If you don't come till ten o'clock, by the time you've had your talk out and ridden to the Patriarch, the fever'll be upon me."

"But we can't be flying about like a parcel of wild geese, because of your fever," said the procurador.

"Certainly not," said Bob humbly.

"It's an ugly customer the fever, though, Mr Whyte," observed Mr Trace; "and I calculate we ought to do him that pleasure. What do you think, squire?"

"I reckon he's rather indiscreet in his askin's," said the judge, in a tone of vexation. "However, as he wishes it, and if it is agreeable to you," added he, turning to the Ayuntamiento; "and as it's you, Bob, I calculate we must do what you ask."