“What did you hear, Mr Calhoun?” demands the Regulator Chief, resuming his judicial demeanour, for a time forgotten in the confusion of voting the verdict. “Your quarrel with the prisoner, of which I believe everybody has heard, can have nothing to do with your testimony here. Nobody’s going to accuse you of false swearing on that account. Please proceed, sir. What did you hear? And where, and when, did you hear it?”

“To begin, then, with the time. It was the night my cousin was missing; though, of course, we didn’t miss him till the morning. Last Tuesday night.”

“Tuesday night. Well?”

“I’d turned in myself; and thought Henry had done the same. But what with the heat, and the infernal musquitoes, I couldn’t get any sleep.

“I started up again; lit a cigar; and, after smoking it awhile in the room, I thought of taking a turn upon the top of the house.

“You know the old hacienda has a flat roof, I suppose? Well, I went up there to get cool; and continued to pull away at the weed.

“It must have been then about midnight, or maybe a little earlier. I can’t tell: for I’d been tossing about on my bed, and took no note of the time.

“Just as I had smoked to the end of my cigar, and was about to take a second out of my case, I heard voices. There were two of them.

“They were up the river, as I thought on the other side. They were a good way off, in the direction of the town.

“I mightn’t have been able to distinguish them, or tell one from ’tother, if they’d been talking in the ordinary way. But they weren’t. There was loud angry talk; and I could tell that two men were quarrelling.

“I supposed it was some drunken rowdies, going home from Oberdoffer’s tavern, and I should have thought no more about it. But as I listened, I recognised one of the voices; and then the other. The first was my cousin Henry’s — the second that of the man who is there — the man who has murdered him.”

“Please proceed, Mr Calhoun! Let us hear the whole of the evidence you have promised to produce. It will be time enough then to state your opinions.”

“Well, gentlemen; as you may imagine, I was no little surprised at hearing my cousin’s voice — supposing him asleep in his bed. So sure was I of its being him, that I didn’t think of going to his room, to see if he was there. I knew it was his voice; and I was quite as sure that the other was that of the horse-catcher.

“I thought it uncommonly queer, in Henry being out at such a late hour: as he was never much given to that sort of thing. But out he was. I couldn’t be mistaken about that.

“I listened to catch what the quarrel was about; but though I could distinguish the voices, I couldn’t make out anything that was said on either side. What I did hear was Henry calling him by some strong names, as if my cousin had been first insulted; and then I heard the Irishman threatening to make him rue it. Each loudly pronounced the other’s name; and that convinced me about its being them.

“I should have gone out to see what the trouble was; but I was in my slippers; and before I could draw on a pair of boots, it appeared to be all over.

“I waited for half an hour, for Henry to come home. He didn’t come; but, as I supposed he had gone back to Oberdoffer’s and fallen in with some of the fellows from the Fort, I concluded he might stay there a spell, and I went back to my bed.

“Now, gentlemen, I’ve told you all I know. My poor cousin never came back to Casa del Corvo — never more laid his side on a bed, — for that we found by going to his room next morning. His bed that night must have been somewhere upon the prairie, or in the chapparal; and there’s the only man who knows where.”

With a wave of his hand the speaker triumphantly indicated the accused — whose wild straining eyes told how unconscious he was of the terrible accusation, or of the vengeful looks with which, from all sides, he was now regarded.

Calhoun’s story was told with a circumstantiality, that went far to produce conviction of the prisoner’s guilt. The concluding speech appeared eloquent of truth, and was followed by a clamourous demand for the execution to proceed.

“Hang! hang!” is the cry from fourscore voices.

The judge himself seems to waver. The minority has been diminished — no longer eighty, out of the hundred, but ninety repeat the cry. The more moderate are overborne by the inundation of vengeful voices.

The crowd sways to and fro — resembling a storm fast increasing to a tempest.

It soon comes to its height. A ruffian rushes towards the rope. Though none seem to have noticed it, he has parted from the side of Calhoun — with whom he has been holding a whispered conversation. One of those “border ruffians” of Southern descent, ever ready by the stake of the philanthropist, or the martyr — such as have been late typified in the military murderers of Jamaica, who have disgraced the English name to the limits of all time.

He lays hold of the lazo, and quickly arranges its loop around the neck of the condemned man — alike unconscious of trial and condemnation.

No one steps forward to oppose the act. The ruffian, bristling with bowie-knife and pistols, has it all to himself or, rather, is he assisted by a scoundrel of the same kidney — one of the ci-devant guards of the prisoner.

The spectators stand aside, or look tranquilly upon the proceedings. Most express a mute approval — some encouraging the executioners with earnest vociferations of “Up with him! Hang him!”

A few seem stupefied by surprise; a less number show sympathy; but not one dares to give proof of it, by taking part with the prisoner.

The rope is around his neck — the end with the noose upon it. The other is being swung over the sycamore.

“Soon must the soul of Maurice Gerald go back to its God!”

“Soon the soul of Maurice Gerald must go back to its God!”

It was the thought of every actor in that tragedy among the trees. No one doubted that, in another moment, they would see his body hoisted into the air, and swinging from the branch of the sycamore.

There was an interlude, not provided for in the programme. A farce was being performed simultaneously; and, it might be said, on the same stage. For once the tragedy was more attractive, and the comedy was progressing without spectators.

Not the less earnest were the actors in it. There were only two — a man and a mare. Phelim was once more re-enacting the scenes that had caused surprise to Isidora.

Engrossed by the arguments of Calhoun — by the purposes of vengeance which his story was producing — the Regulators only turned their attention to the chief criminal. No one thought of his companion — whether he was, or was not, an accomplice. His presence was scarce perceived — all eyes being directed with angry intent upon the other.

Still less was it noticed, when the ruffians sprang forward, and commenced adjusting the rope. The Galwegian was then altogether neglected.

There appeared an opportunity of escape, and Phelim was not slow to take advantage of it.

Wriggling himself clear of his fastenings, he crawled off among the legs of the surging crowd.

No one seemed to see, or care about, his movements. Mad with excitement, they were pressing upon each other — the eyes of all turned upward to the gallows tree.

To have seen Phelim skulking off, it might have been supposed, that he was profiting by the chance offered for escape — saving his own life, without thinking of his master.

It is true he could have done nothing, and he knew it. He had exhausted his advocacy; and any further interference on his part would have been an idle effort, or only to aggravate the accusers. It was but slight disloyalty that he should think of saving himself — a mere instinct of self-preservation — to which he seemed yielding, as he stole off among the trees. So one would have conjectured.