an wave.

So at ten the next morning a court-martial was held in the dining
saloon. As the weather still remained dark and overcast, it was
necessary to have the big lamp over the table lit. The judges were
the captain, who sat at one end of the table, and Juarez, who was at
his left, and Jim, at the right. For once the captain took off his old
cap and showed a bald, pink dome, with tufted gray at the side. His
face wore a grimness that betokened hanging for the culprits--nothing
less. The court was ready.

Then there was a clattering of feet on the stairs, and the prisoners
were brought in by the sheriff, who was none other than the tall
shepherd. They were tied with ropes, that is, their hands were, and
their hang-dog looks were enough to condemn them. They did not dare
face the captain, who was regarding them with great severity, but
looked askance at Jim, who paid no attention to them, but was busy
making notes on a pad of paper before him on the table.

CHAPTER XIV

THE TRIAL

The sheriff was compelled to leave his prisoners in the hands of
the court and hasten on deck to take the wheel, as the ship was
short-handed, nearly the whole crew being present on court-martial
duty. The prisoners were represented by John Berwick, the engineer,
who entered into their defense with much interest and eclat. The
specifications were in two charges, it being related:

I. "That Joseph Darlington, a native of New York State, and Thomas
Darlington, a native of Missouri," read Jim with sonorous voice. At
the word Missouri, John Berwick, the counsel for the defendants, was
on his feet in an instant. He said:

"I move this honorable court that specification No. I be quashed, it
being therein erroneously stated that my client, Thomas Darlington,
comes from Missouri."

"Motion to squash denied," said James severely, not being entirely at
home in legal phraseology.

"Then, your Honors, I move to amend, by striking out the word
'Missouri,' and substituting that of New York, this being a manifest
attempt to prejudice the case of my client, the prosecution, no doubt,
being desirous of proving that this innocent lad was one of the
notorious Jesse James gang, that operated in Missouri and the
Southwest."

The defendants' attorney stood tapping the table before him with one
long finger and gazing earnestly at the court, which seemed to be
struggling hard to suppress some deep and hidden emotion.

"The amendment is allowe