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was a grand chance to clean out Emerson's enemies, for good and all, and make an end of 'em, so that he could live here in peace. It was plumb ridiculous not to do it." CHAPTER XIX The grand jury sat upon the Whittaker case and returned a true bill against Emerson Mead, indicting him for the murder of Will Whittaker. Mead was confined in the jail at Las Plumas to await his trial, which would not take place until the following autumn. The finding of Will Whittaker's body convinced many who had formerly believed in his innocence that Mead was guilty. Everybody knew that his usual practice in shooting was to fire three quick shots, so rapidly that the three explosions were almost a continuous sound, pause an instant, and then, if necessary, fire three more in the same way. The three bullets were pretty sure to go where he meant they should, and if he wished he could put them so close together that the ragged edges of the holes touched one another, as did those in the back of Whittaker's corpse. It was the number and character of those bullet holes that made many of Mead's friends believe that he was guilty of the murder. "Nobody but Emerson could have put those bullets in like that," they said to themselves, although publicly the Democrats all loudly and persistently insisted that he was innocent. In the constant debate over the matter which followed the finding of the body the Democrats contended that the two men who had held Thomson Tuttle captive all night near the White Sands must have been the murderers. And it was on them and their mysterious conduct that Judge Harlin rested his only hope for his client. The lawyer did not believe they had Whittaker's body in their wagon, although he intended to try to make the jury think so. Privately he believed that Mead was guilty, but he admitted this to no one, and in his talks with Mead he constantly assumed that his client was innocent. He had never asked Mead to tell him whether or not he had committed the murder. Nick Ellhorn and Tom Tuttle lingered about Las Plumas for a short time, sending their gold to the mint, and trying to contrive some scheme by which Emerson Mead could be forced into liberty. Each of them felt it a keen personal injury that their friend was in jail, and they were ready to forego everything else if they could induce him to break his promise and with them make a wild dash for freedom. But he would listen to none of their plans and told
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