And steadily and to the growing uneasiness
of the Tollivers, the law went its way. Rufe had proven that he
was at the Gap all day and had taken no part in the trouble. He
produced a witness--the mountain lout whom Hale remembered--who
admitted that he had blown the whistle, given the yell, and fired
the pistol shot. When asked his reason, the witness, who was
stupid, had none ready, looked helplessly at Rufe and finally
mumbled--"fer fun." But it was plain from the questions that Rufe
had put to Hale only a few minutes before the shooting, and from
the hesitation of the witness, that Rufe had used him for a tool.
So the testimony of the latter that Mockaby without even summoning
Rufe to surrender had fired first, carried no conviction. And yet
Rufe had no trouble making it almost sure that he had never seen
the dead man before--so what was his motive? It was then that word
reached the ear of the prosecuting attorney of the only testimony
that could establish a motive and make the crime a hanging
offence, and Court was adjourned for a day, while he sent for the
witness who could give it. That afternoon one of the Falins, who
had grown bolder, and in twos and threes were always at the trial,
shot at a Tolliver on the edge of town and there was an immediate
turmoil between the factions that the Red Fox had been waiting for
and that suited his dark purposes well.
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