he San Juan he had more or less lain awake with the idea that,
according to the spirit of his instructions from Thurstane, he ought to
have Texas Smith tied up and shot. Orders were orders; there was no
question about that, as a general principle; the sergeant had never heard
the statement disputed. But when he came to consider the case now before
him, he was out-generalled by a doubt. This, drifting of a boat down a
strange river, was it murder in the sense intended by Thurstane? And,
supposing it to be murder, could it be charged in any way upon Smith? In
the whole course of his military experience Sergeant Meyer had never been
more perplexed. On the evening of the first day's march he could bear his
sense of responsibility no longer, and decided to call a council of war.
Beckoning his sole remaining comrade aside from the bivouac, he entered
upon business.

"Kelly, we are unter insdructions," he began in his flute-like tone.

"I know it, sergeant," replied Kelly, decorously squirting his
tobacco-juice out of the corner of his mouth furthest from his superior.

"The question is, Kelly, whether Schmidt should pe shot."

"The responsibility lies upon you, sergeant. I will shoot him if so be
such is orders."

"Kelly, the insdructions were to shoot him if murder should habben in this
barty. The instructions were loose."

"They were so, sergeant--not defining murder."

"The question is, Kelly, whether what has habbened to the leftenant is
murder. If it is murder, then Schmidt must go."

The two men were sitting on a bowlder side by side, their hands on their
knees and their muskets leaning against their shoulders. They did not look
at each other at all, but kept their grave eyes on the ground. Kelly
squirted his tobacco-juice sidelong two or three times before he replied.

"Sergeant," he finally said, "my opinion is we can't set this down for
murder until we know somebody is dead."

"Shust so, Kelly. That is my obinion myself."

"Consequently it follows, sergeant, if you don't see to the contrary, that
until we know that to be a fact, it would be uncalled for to shoot Smith."

"What you zay, Kelly, is shust what I zay."

"Furthermore, however, sergeant, it might be right and is the way of duty,
to call up Smith and make him testify as to what he knows of this
business, whether it be murder, or meant for murder."

"Cock your beece, Kelly."

Both men cocked their pieces.

"Now I will gall Schmidt out and qu