noon
He knew that there would be no attempt at rescue until Rufe was led to the scaffold , and he knew that neither Falins nor Tollivers would come in a band , so the incoming tide found on the outskirts of the town and along every road boyish policemen who halted and disarmed every man who carried a weapon in sight , for thus John Hale would have against the pistols of the factions his own Winchesters and repeating shot-guns . And the wondering people saw at the back windows of the Court House and at the threatening port-holes more youngsters manning Winchesters , more at the windows of the jailer 's frame house , which joined and fronted the jail , and more still -- a line of them -- running all around the jail ; and the old men wagged their heads in amazement and wondered if , after all , a Tolliver was not really going to be hanged . So they waited -- the neighbouring hills were black with people waiting ; the housetops were black with men and boys waiting ; the trees in the streets were bending under the weight of human bodies ; and the jail-yard fence was three feet deep with people hanging to it and hanging about one another 's necks -- all waiting . All morning they waited silently and patiently , and now the fatal noon was hardly an hour away and not a Falin nor a Tolliver had been seen . Every Falin had been disarmed of his Winchester as he came in , and as yet no Tolliver had entered the town , for wily old Judd had learned of Hale 's tactics and had stayed outside the town for his own keen purpose . As the minutes passed , Hale was beginning to wonder whether , after all , old Judd had come to believe that the odds against him were too great , and had told the truth when he set afoot the rumour that the law should have its way ; and it was just when his load of anxiety was beginning to lighten that there was a little commotion at the edge of the Court House and a great red-headed figure pushed through the crowd , followed by another of like build , and as the people rapidly gave way and fell back , a line of Falins slipped along the wall and stood under the port-holes-quiet , watchful , and determined . Almost at the same time the crowd fell back the other way up the street , there was the hurried tramping of feet and on came the Tollivers , headed by giant Judd , all armed with Winchesters -- for old Judd had sent his guns in ahead -- and as the crowd swept like water into any channel of alley or doorway that was open to it , Hale saw the yard emptied of everybody but the line of Falins against the wall and the Tollivers in a body but ten yards in front of them .