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examined the ground close to where the body had lain.

“There!” he said, pointing. “There’s an imprint of one of his hind feet. See how the toe of that shoe is squared off? That was made by the Apache, all right!”

The detective was interested. He studied the hoofprint carefully, and searched for others, but this was the only one he could find.

“Looks like some one had been sweeping this place with a broom,” he remarked. “There ain’t much of anything shows.”

A pimply—faced young man spoke up.

“There was some one sweeping the ground this morning,” he said. “About five o’clock this morning I seen a girl dragging the branch of a tree after her, and sweeping along the road below here.”

“Did you know her?” asked the detective.

“No—I never seen her before.”

“Would you know her if you saw her again?”

“Sure I’d know her! She was a pippin. I’d know her horse, too.”

CHAPTER THIRTY-FIVE

EVA was still breathing faintly as the sun dropped behind the western hills. Shannon had not left the house all day. She felt that Custer needed her, that they all needed her, however little she could do to mitigate their grief. There was at least a sense of sharing their burden, and her fine sensibilities told her that this service of love was quite as essential as the more practical help that she would have been glad to offer had it been within her power.

She was standing in the patio with Custer, at sunset, within call of Eva’s room, as they all had been during the entire day, when a car drove up along the south drive and stopped at the patio entrance. Three of the four men in it alighted and advanced toward them.

“You are Custer Pennington?” one of them asked.

Pennington nodded.

“And you are Miss Burke—Miss Shannon Burke?”

“I am.”

“I am a deputy-sheriff. I have a warrant here for your arrest.”

“Arrest!” exclaimed Custer. “For what?”

He read the warrant to them. It charged them with the murder of Wilson Crumb.

“I am sorry, Mr. Pennington,” said the deputy sheriff; “but I have been given these warrants, and there is nothing for me to do but serve them.”

“You have to take us away now? Can’t you wait—until—my sister is dying in there. Couldn’t it be arranged so that I could stay here under arrest as long as she lives?”

The deputy shook his head.

“It would be all right with me,” he said; “but I have no authority to let you stay. I’ll telephone in, though, and see what I can do. Where is the telephone?”

Pennington told him.

“You two stay here with my men,” said the deputy sheriff, “while I telephone.”

He was gone about fifteen minutes. When he returned, he shook his head.

“Nothing doing,” he said. “I have to bring you both in right away.”

“May I go to her room and see her again before I leave?” asked Custer.

“Yes,” said the deputy; but when Custer turned toward his sister’s room, the officer accompanied him.

Dr. Baldwin and one of the nurses were in the room. Young Pennington came and stood beside the bed, looking down on the white face and the tumbled curls upon the pillow. He could not perceive the slightest indication of life, yet they told him that Eva still lived. He knelt and kissed her, and then turned away. He tried to say good-bye to her, but his voice broke, and he turned and left the room hurriedly.

Colonel and Mrs. Pennington were in the patio, with Shannon and the officers. The colonel and his wife had just learned of this new blow, and both were stunned. The colonel seemed to have aged a generation in that single day. He was a tired, hopeless old man. The heart of his boy and that of Shannon Burke went out to him and to the suffering mother from whom their son to be taken at this moment in their lives when they needed him most. In their compassion for the older Penningtons they almost forgot the seriousness of their own situation.

At their arraignment next morning, the preliminary hearing was set for the following Friday. Early in the morning Custer had received word from Ganado that Eva still lived, and that Dr. Baldwin now believed they might hold some slight hope for her recovery.

At Ganado, despair and anxiety had told heavily upon the Penningtons. The colonel felt that he should be in Los Angeles, to assist in the defence of his son; and yet he knew that his place was with his wife, whose need of him was even greater. Nor would his heart permit him to leave the daughter whom he worshipped, so long as even a faint spark of life remained in that beloved frame.

Mrs. Evans returned from Los Angeles the following day. She was almost prostrated by this last of a series of tragedies ordered, as it seemed, by some malignant fate for the wrecking of her happiness. She told them that Guy appeared to be hopelessly insane. He did not know his mother, nor did he give the slightest indication of any recollection of his past life, or of the events that had overthrown his reason.

At ten o’clock on Wednesday night Dr. Baldwin came into the living room, where the colonel and his wife were sitting with Mrs. Evans. For two days none of them had been in bed. They were tired and haggard, but not more so than the old doctor, who had remained constantly on duty from the moment when he was summoned. Never had man worked with more indefatigable zeal than he to wrest a young life from the path of the grim reaper. There were deep lines beneath his eyes, and his face was pale and drawn, as he entered the room and stood before them; but for the first time in many hours there was a smile upon his lips.

“I believe,” he said, “that we are going to save her.”

The others were too much affected to speak. So long had hope been denied that now they dared not even think of hope.

“She regained consciousness a few moments ago. She looked up at me and smiled, and then she fell asleep. She is breathing quite naturally now. She must not be disturbed, though. I think it would be well if you all retired. Mrs. Pennington, you certainly must get some sleep—and you too, Mrs. Evans, or I cannot be responsible for the results. I have left word with the night nurse to call me immediately, if necessary, and if you will all go to your rooms I will lie on the sofa here in the living room. I feel at last that it will be safe for me to leave her in the hands of the nurse, and a little sleep won’t hurt me.”

The colonel took his old friend by the hand.

“Baldwin,” he said, “it is useless to try to thank you. I couldn’t, even if there were words to do it with.”

“You don’t have to, Pennington. I think I love her as much as you do. There isn’t any one who knows her who doesn’t love her, and who wouldn’t have done as much as I. Now, get off to bed all of you, and I think we’ll find something to be very happy about in the morning. If there is any change for the worst, I will let you know immediately.”

In the county jail in Los Angeles, Custer Pennington and Shannon Burke, awaiting trial on charges of a capital crime, were filled with increasing happiness, as the daily reports from Ganado brought word of Eva’s steady improvement, until at last that she was entirely out of danger.

The tedious preliminaries of selecting a jury were finally concluded. As witness after witness was called, Pennington came to realize for the first time what a web of circumstantial evidence the State had fabricated about him. Even from servants whom he knew to be loyal and friendly the most damaging evidence was elicited. His mother’s second maid testified that she had seen him fully dressed in his room late in the evening before the murder, when she had come in, as was her custom, with a pitcher of iced water, not knowing that the young man was there. She had seen him lying upon the bed, with his gun in its holster hanging from the belt about his waist. She also testified that the following morning, when she had come in to make up his bed, she had discovered that it had not been slept in.

The stableman testified that the Apache had been out on the night of the murder. He had rubbed the animal down earlier in the evening, when the defendant had come in from riding. At that time the two had examined the horse’s shoes, the animal having just been reshod. He said that on the morning after the murder there were saddle sweat marks on the Apache’s back, and that the off fore shoe was missing.

One of the K.K.S. employees testified that a young man, whom he partially identified as Custer, had ridden into their camp about nine o’clock on the night of the murder, and had inquired concerning the whereabouts of Crumb. He said that the young man seemed excited, and upon being told that Crumb was away he had ridden off rapidly toward Sycamore Canyon.

Added to all this were the damaging evidence of the detective who had found the Apache’s off fore shoe under Crumb’s body, and the positive identification of the shoe by Allen. The one thing that was lacking—a motive for the crime—was supplied by Allen and the Penningtons’ house man.

The latter testified that among his other duties was the care of the hot water heater in the basement of the Pennington home. Upon the evening of Saturday, August 5, he had forgotten to shut off the burner, as was his custom. He had returned about nine o’clock, to do so. When he had left the house by the passageway leading from the basement beneath the south drive and opening on the hillside just above the water gardens, he had seen a man standing by the upper pool, with his arms about a woman, whom he was kissing. It was a bright moonlight night, and the house man had recognized the two as Custer Pennington and Miss Burke. Being embarrassed by having thus accidentally come upon them, he had moved away quietly in the opposite direction, among the shadows of the trees, and had returned to the bunk house.

The connecting link between this evidence and the motive for the crime was elicited from Allen in half an hour of direct examination, which constituted the most harrowing ordeal that Shannon Burke had ever endured; for it laid bare before the world, and before the man she loved, the sordid history of her life with Wilson Crumb. It portrayed her as a drug addict and a wanton; but, more terrible still, it established a motive for the murder of Crumb by Custer Pennington.

Owing to the fact that he had lain in a drunken stupor during the night of the crime, that no one had seen him from the time when the maid entered his room to bring his iced water until his father had found him fully clothed upon his bed at five o’clock the following morning, young Pennington was unable to account for his actions, or to state his whereabouts at the time when the murder was committed.

He realized what the effect of the evidence must be upon the minds of the jurors when he himself was unable to assert positively, even to himself, that he had not left his room that night. Nor was he very anxious to refute the charge

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