CHAPTER THIRTY-SIX
When the trial took place, the fact that Alpaugh and Glendon had been in their homes, and there being no proof of their actual connection with the attempted robbery, merely the unsupported statement of Three-fingered Jack, augured their complete vindication.
As the case was about to be closed, a bomb was thrown by the prosecuting attorney, who asked to have Wentz put on the stand as a witness for the Prosecution. Alpaugh and Glendon, with their attorneys were not prepared for Wentz' evidence which corroborated the story of Three-fingered Jack. Assured of a very light sentence, or possible freedom, as result of his turning State's evidence, Wentz made a complete confession of his part in the matter, and the convincing details remained unshaken by the most severe cross-examination by the lawyers for the defence.
Alpaugh and Glendon, as the testimony progressed exchanged glances of consternation, and the confusion of their attorneys was apparent not only to Judge and jury, but also to casual spectators who had no knowledge of the twists of legal procedure. The jury was out but a short time, and the verdict of "Guilty" was no surprise to any one who was in the Court room. A few days later Glendon and Alpaugh, together with all the others implicated, were sentenced to ten years in the Yuma Penitentiary. Public sentiment approved of the verdict, but many sympathizing eyes turned on Katherine Glendon, who sat white-faced, at the back of the Court room.
She had remained in Tombstone during the entire time of the trial, and like many others, believed Glendon and Alpaugh the victims of spite on the part of Three-fingered Jack. To her, the unexpected development was crushing. In her heart she felt it was the truth, although her husband persisted in declaring his and the constable's innocence. Her own testimony had been brief and convincing, but in no way conflicted with the minute circumstances stated by Wentz regarding Glendon's activities. In fact, it only served to prove that Glendon had planned a perfect alibi with his wife as an innocent accomplice.
Immediately after the conviction, Wentz was given his liberty as promised. With his first appearance a few hours later on the streets of Tombstone, the open threats of friends of the convicted men, caused him to hasten back to the County jail and ask its protection until he could arrange to get away from Arizona safely.
The warden allowed him the privilege, but was not enthusiastic over it, as he said, "Well, Wentz, you're in a fine mess, now. I wouldn't change places with you for a lot! You're out a job, busted, got no friends and have to quit the country. Derned if I haven't got more respect for those fellows in the cells!"
Wentz made no reply, but slumped down in a chair, trying to figure some way out of his dilemma, and the warden, lighting a cigar, continued grimly, "You're in the same fix as the feller that sawed the limb off the tree, while he was sitting on the end of the limb."
The other man scowled, but held his tongue. This was his only place of refuge at present. Even those who had no sympathy for the outlaws had still less use for the man who had betrayed them. The warden rose with a smile as Katherine Glendon entered the room. She had come to see her husband. Wentz' head dropped until he heard their retreating steps in the corridor.
"Is there anything I can do?" Katherine asked almost hopelessly, as she sat in the cell talking to Glendon when they were alone.
"Go home," commanded Glendon. "There's no use hanging around here any more. Forbes, our lawyer, says that the railroad company stretched a point in having the indictment read 'interfering with the United States mail.' No one touched the mail car. The railroad company never could have won, and that's why they made it a Federal case. It was a put up job all around, and Wentz stood in with the railroad people to get us."
"Why should Three-fingered Jack have accused you?" she uttered a thought that had puzzled her.
"Well, you see I had a row with him in Willcox the last time I was in there," Glendon replied glibly, then hurried to add, "Now, see here, Katherine, you've got a chance to help me, and no one else can do it. Will you stand by me? I swear that if I get out of this trouble you will have no further cause to reproach me. I have done a few decent things since I married you. Not many, but can't you remember that I let you keep Donnie instead of sending him to father, as I had a legal right to do?"
"Yes, Jim! I will never forget it! But even without that, I would do my utmost to help you, because you are the father of my boy."
"You're a brick, Katherine! Now, see here, I want you to circulate a petition for my pardon, after the first excitement has died down and I have shown myself a model prisoner. You will have to get a certain number of names, as the petition has to go to Washington, because it was a Federal case. The Governor of the Territory has no jurisdiction over it. You won't refuse to do this for me, will you? Every one is against me now, and if you fail me, I shall take advantage of the first opportunity to kill myself."
"Jim, have I ever failed you yet?" she asked simply.
"No; you've been a long way too good for me," he answered, "and if I can get this squared, I'll show you how I appreciate you and what you have done."
Despite his promises, she left the jail with a heavy heart, knowing his weak and vacillating character, and feeling that his protestations were not to be reckoned seriously. But, she also knew that when the time came, she would help in any way she was able. So husband and wife parted, and the woman returned to the Circle Cross ranch the following day.
Juan and Tatters met her with delight. The old Mexican hovered about her in dumb sympathy. A letter from Donnie was full of his childish interests. The touch of the badly scrawled pages comforted her as though the child's hands were laid on her own. A feeling of thanksgiving surged over her, that the boy was away where no knowledge of the shadow in their home could cloud his eyes.
When the Mexican stood in the door of the kitchen, saying in his liquid, native tongue, "Buenos noches, Señora" (Good night), she remembered that she could not keep the man, there was so little money left now.
Gently she explained the situation to Juan. The bewildered expression on his face suddenly changed to eagerness.
"Señora, I have saved up money. Eet is for both of us. Some day – mañana – you pay me back."
"I cannot use your money, Juan." Her voice told how the offer touched her. "I must look out for the cattle myself, there is not enough to pay you wages."
"You have frijoles, no?" demanded Juan. "Eet is enough. I stay!"
The matter was ended by Juan hurrying from the room before she could protest further. Each time during the following days when Katherine broached the subject, Juan evaded the issue by having important work, and Katherine unable to do otherwise, let their lives settle in a routine that promised to stretch into years.
She made one more trip to Tombstone after the sentence had been passed. Glendon instructed her about circulating the petition, but bade her wait until four or five months after he had begun serving his term. She left him in his cell, carrying with her an undefinable impression of a man whom she did not know; for already she sensed a subtle change.
The day before the convicted men were to be transported to the penitentiary, Glendon lay on his bunk in his cell, wondering whether his plans would fail or succeed. He was playing for high stakes; to lose meant forfeiting his life.
Panchita had called at the jail several times since the trial, ostensibly to sell tamales to the prisoners and their guards. In no way had the Mexican girl been identified with the train-robbers, so her actions created no suspicion. She managed to let Glendon understand that she was ready to co-operate in any plans he might make.
He had given up his original idea of hoping to win a pardon, which if obtained, would only mean being financially penniless, and branded as a felon. The more he thought of the alternative, the more alluring it became.
Panchita had told him that the money from the first train hold-up, was safely sewn in a bustle made of newspapers which she wore constantly. She had whispered this while he pretended to joke and dicker for tamales. Tonight, there would be little steel saw-blades in the tamales she was to bring for his supper. In order to disarm any suspicion, she had laughingly promised to bring tamales for all of them, because they were going on their long journey the next morning. The warden had given consent, especially as she had promised double allowance for him so that he could take them home to his wife.
Glendon knew that once he possessed those tiny saws, he could cut the bars of his cell before morning. Panchita would be waiting with a pony, and later she would follow to Mexico where they would meet. He had no fear of her failing him, knowing her insane jealousy of his wife.
He rose and paced the floor nervously, as the afternoon waned. Five o'clock passed – half-past five – then the clock in the sheriff's room struck six. The jailer passed the barred door.
"Say," called Glendon, "hasn't that tamale girl been around yet? She promised to give us all a tamale supper tonight, you know. Celebrating our journey."
"She's dead," answered the jailer, stopping at the door. "The place where she was staying caught fire last night. It was a frame shack, and the rest all got out except her. She wasn't burnt but smothered in the smoke."
"That's tough luck," said Glendon, trying to appear careless. "Was it much of a fire?"
"No, they got it out in half an hour."
"Was she living with her folks?" Glendon was striving not to betray his disappointment and anxiety, but he felt like springing at the jailer and choking the truth from his lips. Panchita was dead – but where was the money?
"She boarded with a Mexican family, and they didn't know anything except she came here lately and sold tamales. She was making tamales last night just before they all went to bed."
"Who takes charge of the body and property in such cases?"
"Oh, the County buries them and burns up their old duds. These Mex women never have nothing! Funny thing, though, about that," he paused to coax a cigar that failed to draw properly. "Gosh! That's a rank cigar!" he ejaculated taking it from his mouth and regarding it in disgust, while Glendon's fingers twitched. "I gave two bits for it, too."
"You were saying something about the tamale girl's duds. What was the joke?"
"Oh, yes"; the jailer resumed, laughing. "You see, there is a Mexican woman that lives in the same shack and she works for my wife. Does washing. She had some of our clothes there and so came up to explain that she couldn't get them done up on time. She told my wife all about the fire, and that the girl had only an old dress and a black shawl, but a fine pair of high-heeled slippers and silk stockings, and – ha! ha! ha! a bustle made out of newspapers. Can you beat that? Got to be in style, someway."
Glendon's eyes flickered and he caught his breath quickly.
"Funny combination, wasn't it? But all women folks are alike. If one of them rigs up so she has a hump on her back like a camel, all the others break their necks fixing up humps. If they were born that way, it would keep the doctors busy operating to get rid of 'em."
Glendon stretched his face in an effort to smile, but the muscles were almost rigid.
"Well," continued the narrator, enjoying his own story, "after the body was taken away, this old washwoman and another one started to clean up the place, and picking around they found the things. They got to scrapping over the stockings and shoes, that was too small for either of them to wear. But they never let up till they had 'em tore to pieces. The old woman was crying when she told about it. My wife almost had hysterics when she told me the story."
Glendon pretended to enjoy the joke hugely. Then after a short period, he asked, "But what did they do with the bustle? Who got that souvenir?"
"Oh, they burnt that up. It was just old newspapers. Nobody wanted that. My wife asked about it, because she thought the old woman might be wearing it herself. So that's why none of us got our tamales tonight!" the man concluded as he moved away from the cell door.
Glendon threw himself on the bunk, cursing his ill-luck.
"Seventy thousand gone up in smoke!" he muttered, never giving a thought to the girl who had risked everything for his sake. His only regret was that her inopportune death interfered with his plans for escape. His former passion for the woman turned to resentment.
"Paddy's money is safe," he meditated as he lay staring at the wall. "If I could only get out!"
His last hope lay in the slim possibility that Katherine might be able to obtain a pardon for him, then he could get Paddy's money and go to South America. But such a pardon would take months to accomplish. Glendon got up and walked the length of his cell, kicking the wall when he reached the end of the room. Curses rose to his lips. The wall in front of him reminded him of the grim grey walls of the Arizona Penitentiary, and he felt that if he could only get Wentz by the throat and choke him slowly to death, he would be willing to go to the Penitentiary for life. But – Wentz was free.
CHAPTER THIRTY-SEVEN
Wentz, hovering in the corridor of the Tombstone jail, had overheard the conversation between the jailer and Glendon. With knowledge of Panchita's death, Wentz realized that his own plans were in chaos. Glendon's nonchalant attitude at the news confirmed Wentz's belief that Glendon knew where the money had been concealed by the Mexican girl.
"If Glendon were free," Wentz muttered, "he would probably get the money at the first opportunity. There may be a chance after all."
Deep in thought, he returned to the room where the jailer waited for the deputy to relieve him that he might go home to supper. Wentz picked up a newspaper and began to read. The deputy entered the room, and nodded to the jailer, who exchanged a few casual words with him and departed. Wentz had greeted the new-comer, but a curt nod had been the only response.
The curse of Judas was upon Wentz. Since the trial none of the men he had betrayed would speak to him, and their eyes were threatening. Other men in the jail, officials as well as prisoners, held him in open contempt. Outside were those who made dire threats of vengeance. Wentz envied his former comrades and began to feel that he would rather share their punishment than face his own black future. He was without money. No place in Arizona would harbour a traitor; no man would trust him or hold out a hand in comradeship. The railroad would give him work, so he would not starve, but life would be unbearable. If he made his way to another section, it would mean without a cent in his pocket, no credit, no work. If he could only find where that undivided money from the first hold-up had been hidden, then he could laugh at them all.
The deputy had picked up a book. Yawning and stretching, Wentz dropped his paper, then rising slowly walked along the corridor. He reached Glendon's cell, paused and called, "Hello, Glen!"
The figure on the bunk turned heavily, and Glendon's bloodshot eyes glared in fury at his former comrade. He uttered no word. With a peculiar expression Wentz returned to the office.
The deputy glanced up carelessly, and resumed his reading. Wentz passed back of him and, with a swift movement, snatched the man's pistol from the holster that hung on his hip, and struck him a stunning blow on the head. The deputy dropped to the floor. Tying and gagging him, Wentz secured the keys, then ran rapidly along the corridor, unlocking the door of each cell until he reached Glendon's.
"Get up, Glen! Hurry!"
Already the escaping prisoners, including Alpaugh and the other train-robbers, were rushing past. Glendon leaped to his feet bewildered. "You – "
"Don't waste time, you fool! Some one may come!" said Wentz, pulling Glendon through the door and keeping close at his heels as they reached the street, having stopped only to pick up guns and cartridges in the room where the deputy, now conscious but helpless, watched the procession of escaping prisoners.
A number of cowponies were tied to the hitching-posts in the streets, as is usual, while their owners were about town, or eating supper. These were hastily mounted by the outlaws. The presence of a number of horsemen galloping through the streets of Tombstone was too common a sight at the County seat to cause curiosity or comment. The escaping prisoners broke into small groups and left town in different directions, to avoid any suspicion.
The fugitives had another advantage in the unusual darkness, not only because of the hour, but, also, of the gathering black clouds that presaged a storm at any moment. So, even those who might have recognized the men in the daytime, would be apt to pass them without a second glance in the dim light.
When the jailer returned from supper an hour later and discovered what had happened, a posse was formed without delay. It divided into several parties, that all roads might be covered as soon as possible; otherwise the darkness and approaching storm would make pursuit practically impossible until morning. By that time any trail made by the horses of the fleeing men, would be completely obliterated, should it rain.
The band headed by the furious deputy who had been the victim of the treachery, finally caught sight of Wentz and Glendon, who were keeping together; and a rapid-fire duel began between the pursuers and prisoners. The gait of the horses, the uncertain light, and the intervening rocks about the outlying district of Tombstone, all favoured the fugitives. A bullet brought down the horse Wentz was riding, pinning the man under it as it fell. He struggled desperately to free himself. Seeing capture was inevitable, the traitor lifted his pistol to his own head – and the posse saw a flash.
Glendon, in advance of Wentz, heard the shot and looked back. Then something struck his leg and he felt the blood oozing down into his boot. Rather than give up now, he determined to follow Wentz' example and use a bullet on himself.
Ahead of him rose huge boulders, looming like gigantic tombstones. Once he could attain their shelter, it would be almost impossible for the posse to catch him, or to take accurate aim. The horse he was riding responded to the hammering of the man's heels – he had no whip or spurs.
At last he reached the shelter of the rocks and darted in circles from one to the other, keeping them between himself and any chance bullets. By degrees, the sounds of shots died away, the voices of his pursuers ceased. He knew he had outwitted them for the night; but there was no time to lose before dawn.
When he had pressed on a couple of miles, he pulled up his horse and slipped to the ground, laying his ear against the wet earth while he listened intently. But the only sound he heard was the rumble of distant thunder growing louder and louder. Back of him the sky was inky black, punctured at short intervals with zigzag streaks of dazzling light. The storm was already upon the town from which he had escaped.
With a sigh of relief, he examined the wound in his leg. It was superficial. Glendon tore a sleeve from his shirt and bandaged the wound. Then, mounting the panting horse, he doubled back on his trail for a mile and made a cut across the mountains at a point where no one but an Apache had ever dared to cross, except in daylight.
This trail had not been used for a long time. Glendon knew the danger of it; but death in the mountains at the bottom of a gully, was preferable to the Yuma Penitentiary for ten years, or longer.
By morning the rain would have completely obliterated his tracks, and the posse would, no doubt, continue their search in the direction they had last seen him following. He realized there was another danger. He was trying to reach the Circle Cross. The authorities would probably telegraph to Willcox and a posse be started from that point to Hot Springs. He must reach the Circle Cross, get clothes, food and a fresh horse before any one else could make that ranch. But first, there was something else to do.
His thoughts were interrupted by the storm breaking over his head. The reverberating thunder, incessant flashes of lightning and shrieking wind sounded as though all the fiends of the netherworld were keeping pace with him, rejoicing at his escape and conspiring to aid him. Across the backbone of the range he urged his frightened, stumbling horse. Five miles from the Circle Cross, Glendon halted and sat peering in all directions when a flash illuminated the brush and trees. He had no fear of pursuers now, but he was searching for one particular tree, and it was hard to identify in the fitful glare.
At last he found it, dismounted and tied his horse. Then from the underbrush Glendon dragged a rusty shovel and began to dig. The ground was soft from recent rains, but he paused frequently to wipe the beads of perspiration that mingled with the rain dashing into his eyes.
"I didn't put it so deep," he muttered, plying the shovel more rapidly. "I wonder if some one else has found it!"
A rustling in the trees caused him to straighten up suddenly and with a startled jump he glared about on all sides. The lightning showed only the waving branches, the pouring rain and the wind-whipped bushes.
His tongue licked his lips. "God! I wish I had a drink! My nerve's all shot to pieces!" He dug furiously. "It's lucky I caught old Paddy burying this money. That gave me a chance to get the old fool out of the way without suspicion. Even Alpaugh was in the dark about that. He's as big a fool as the rest. Damn 'em. Why didn't they blow out Three-fingered Jack's brains before they left him there!"
Still he dug, and the rain hammered down while the wind whistled and screamed around him. The shovel struck a deep root of the tree. Something brushed against Glendon's face. With a scream of fright he dropped the shovel and ran to the snorting horse. Glendon's eyes staring into the darkness pictured Paddy's sardonic face in the bushes, and back of Paddy was old Doctor King, looking at him with infinite pity. Glendon's arm went across his face as though shielding himself, and his foot was thrust into the stirrup of his saddle. The horse moved a few paces, then Glendon looked back, and jerked violently on the reins. He lifted his fist and shook it at the gloom, shouting wildly, "Damn you! You can't frighten me away! I'll have it in spite of you and Heaven and Hell!"
He leaped from his saddle and grabbed the shovel, cursing as he resumed his work until he found the canvass bags with the buried money. Unable to cram the sacks into the saddle pouches, he tore off the strings of the bags and poured the gold into the leather saddle pouches on either side of the horse. Once more he mounted, but as he faced the trail to the Circle Cross he shouted at the nickering shadows, "Damn you! I've got it!" Then he rode on his way.
"It'll take four hours yet for any posse to reach the Circle Cross from Willcox," he said, leaning low on the saddle to avoid the lash of the wind and the rain. "There'll be a big flood at Hot Springs. I'll have to leave this gold with Katherine. It's too heavy to pack and too big a risk. I'll take a couple of hours to rest and get ready. Then I can hit the trail for the border. Easy to do after I get away from here and across the Willcox flats. I'll take Fox. He has no brands on him. My saddle's at the ranch, too – That'll get rid of this horse and saddle – They'll all be looking for this outfit now. With Fox and some money – I can make my way without any trouble, once I get clear of the flats. I must cross before dawn – or hide in the mountains till tomorrow night, then cross. Sixty miles to the border – then I am safe!"
A thought of his wife intruded. "I suppose she will balk at keeping the gold," he muttered, "but she will have to do it! There is no one else I can trust with it. I won't stand any nonsense now. She'll have to do what I tell her, by God!"
He had no fear of Juan, knowing the Mexican's dog-like devotion to Katherine. Beside, the Mexican could not reach any place to give an alarm until after Glendon was well upon his way. Katherine's exaggerated sense of duty would keep her silent, no matter what might transpire. Everything was propitious.
His hand went back and patted the wet leather of the saddle-bags that held ten thousand dollars in gold, and his lips twisted in a sneer, "You old fool, Paddy! You thought it was safe!"