It was nearing the noon hour when the judge’s solitude was again invaded.  He first heard the distant murmur of voices on the road and passed an uneasy and restless ten minutes, with his eye to a crack in the door.  He was soothed and reassured, however, when at last be caught sight of the sheriff.

“Well, judge, I got company for you,” cried the sheriff cheerfully, as he threw open the door.  “A hoss-thief!”

He pushed into the building a man, hatless and coatless, with a pair of pale villainous eyes and a tobaccostained chin.  The judge viewed the new-comer with disfavor.  As for the horse-thief, he gave his companion in misery a coldly critical stare, seated himself on the stool, and with quite a fierce air devoted all his energy to mastication.  He neither altered his position nor changed his expression until he and the judge were alone, then, catching the judge’s eye, he made what seemed a casual movement with his hand, the three fingers raised; but to the judge this clearly was without significance, and the horse-thief manifested no further interest where he was concerned.  He did not even condescend to answer the one or two civil remarks the judge addressed to him.

As the long afternoon wore itself away, the judge lived through the many stages of doubt and uncertainty, for suppose anything had happened to Mahaffy!  When the sheriff came with his supper he asked him if he had seen or heard of his friend.

“Judge, I reckon he’s lopin’ on yet.  I never seen a man of his years run as well as he done—­it was inspirin’ how he got over the ground!” answered the sheriff.  Then he attempted conversation with the horse-thief, but was savagely cursed for his pains.  “Well, I don’t envy you your company none, sir,” he remarked as he took leave of the judge.

Standing before the window, the judge watched the last vestige of light fade from the sky and the stars appear.  Would Mahaffy come?  The suspense was intolerable.  It was possibly eight o’clock.  He could not reasonably expect Mahaffy until nine or half past; to come earlier would be too great a risk.  Suddenly out of the silence sounded a long-drawn whistle.  Three times it was repeated.  The horse-thief leaped to his feet.

“Neighbor, that means me!” he cried.

The moon was rising now, and by its light the judge saw a number of horsemen appear on the edge of the woods.  They entered the clearing, picking their way among the stumps without haste or confusion.  When quite close, five of the band dismounted; the rest continued on about the jail or cantered off toward the road.  By this time the judge’s teeth were chattering and he was dripping cold sweat at every pore.  He prayed earnestly that they might hang the horsethief and spare him.  The dismounted men took up a stick of timber that had been cut for the jail and not used.

“Look out inside, there!” cried a voice, and the log was dashed against the door; once—­twice—­it rose and fell on the clapboards, and under those mighty thuds grew up a wide gap through which the moonlight streamed splendidly.  The horse-thief stepped between the dangling cleats and vanished.  The judge, armed with the stool, stood at bay.