"I protest, your honor," Moth cried, springing to his feet. "This is a conspiracy of robbers to ruin an honest man and liberate a rogue, and nothing else. A reward is out for the man Fox there for highway robbery. He is nothing but a common bandit, and I call on the court to arrest him here and now." "We will attend to that presently, Mr. Moth," Judge Douglas remarked, holding up his hand to enforce silence. "Meantime, Mr. Promb, the court and jury will hear any testimony you may have to offer, if it is material, as you say." "It is material, your honor; indeed, proves the innocence of the prisoner at the bar. In pursuance of our just rights in the matter, therefore, I desire that Mr. George Fox be called to testify." No further objection being offered, the latter stepping forward and being sworn, Mr. Promb went on: "Now tell the judge and jury, if you please, all you know about this case, and who it was that took the money Mr. Throckmorton is accused of stealing." "It is this way, your honor," Fox went on. "Believing from information I had picked up that Rathe and the outlaw Burke were implicated in the theft, I said as much to these gentlemen with me, telling them, upon their expressing disbelief, that I would prove what I affirmed if they would go with me, and this before they should be called upon to act in any manner. Upon their consenting, we secured a boat, and last night dropped down the river to Black Hawk’s abandoned hut, where I had reason to believe the thieves were to divide the proceeds of the robbery. Secreting ourselves where we could see and hear all that occurred, we had not long to wait before Burke appeared, and presently Rathe. Lighting a candle, Burke produced the very packages of money which Mr. Throckmorton is accused of stealing. When, however, he was about to open them for the purpose of dividing the plunder, Rathe, who stood somewhat in the shade, drew a pistol and fired upon him. Burke had not noticed the motion, and when the ball struck him, staggered and partly fell. Not being wholly disabled, he gave a cry and rushed upon Rathe, but the latter evading him, drew a huge knife and plunged it to the hilt in his breast. At this Burke threw up his hands with a groan and fell to the floor dead. All this we saw, and rushing into the room, overcame Rathe, but too late to save Burke. In proof of all I say, your honor, here are the witnesses and there the packages of money, and the knife with which Rathe killed Burke"; saying which, Fox laid the money on the table before him, placing the bowie-knife, the blade of which was black with clotted blood, beside it. "We expected, your honor," Fox went on, as he stepped back, "to have reached here before the trial, but the river being full of ice, were prevented."