The Outlet Part 7

CHAPTER XIII. JUSTICE IN THE SADDLE

It was an hour after the usual time when we bedded down the cattle. The wagon had overtaken us about sunset, and the cook's fire piloted us into a camp fully two miles to the right of the trail. A change of horses was awaiting us, and after a hasty supper Tupps detailed two young fellows to visit Ogalalla. It required no urging; I outlined clearly what was expected of their mission, requesting them to return by the way of Flood's wagon, and to receive any orders which my employer might see fit to send. The horse-wrangler was pressed in to stand the guard of one of the absent lads on the second watch, and I agreed to take the other, which fell in the third. The boys had not yet returned when our guard was called, but did so shortly afterward, one of them hunting me up on night-herd.

"Well," said he, turning his horse and circling with me, "we caught onto everything that was adrift. The Rebel and Sponsilier were both in town, in charge of two deputies. Flood and your brother went in with us, and with the lads from the other outfits, including those across the river, there must have been twenty-five of Lovell's men in town. I noticed that Dave and The Rebel were still wearing their six-shooters, while among the boys the arrests were looked upon as quite a joke. The two deputies had all kinds of money, and wouldn't allow no one but themselves to spend a cent. The biggest one of the two--the one who gave you the cigar--would say to my boss: 'Sponsilier, you're a trail foreman from Texas--one of Don Lovell's boss men--but you're under arrest; your cattle are in my possession this very minute. You understand that, don't you? Very well, then; everybody come up and have a drink on the sheriff's office.' That was about the talk in every saloon and dance-hall visited. But when we proposed starting back to camp, about midnight, the big deputy said to Flood: 'I want you to tell Colonel Lovell that I hold a warrant for his arrest; urge him not to put me to the trouble of coming out after him. If he had identified himself to me this afternoon, he could have slept on a goose-hair bed to-night instead of out there on the mesa, on the cold ground. His reputation in this town would ent.i.tle him to three meals a day, even if he was under arrest. Now, we'll have one more, and tell the d.a.m.ned old rascal that I'll expect him in the morning.'"

We rode out the watch together. On returning to Flood's camp, they had found Don Lovell awake. The old man was pleased with the report, but sent me no special word except to exercise my own judgment. The cattle were tired after their long tramp of the day before, the outfit were saddle weary, and the first rays of the rising sun flooded the mesa before men or animals offered to arise. But the duties of another day commanded us anew, and with the cook calling us, we rose to meet them.

I was favorably impressed with Tupps as a segundo, and after breakfast suggested that he graze the cattle over to the North Platte, cross it, and make a permanent camp. This was agreed to, half the men were excused for the day, and after designating, beyond the river, a clump of cottonwoods where the wagon would be found, seven of us turned and rode back for Ogalalla. With picked mounts under us, we avoided the other cattle which could be seen grazing northward, and when fully halfway to town, there before us on the brink of the mesa loomed up the lead of a herd. I soon recognized Jack Splann on the point, and taking a wide circle, dropped in behind him, the column stretching back a mile and coming up the bluffs, forty abreast like an army in loose marching order. I was proud of those "Open A's;" they were my first herd, and though in a hurry to reach town, I turned and rode back with them for fully a mile.

Splann was acting under orders from Flood, who had met him at the ford that morning. If the cattle were in the possession of any deputy sheriff, they had failed to notify Jack, and the latter had already started for the North Platte of his own accord. The "Drooping T" cattle were in the immediate rear under Forrest's segundo, and Splann urged me to accompany him that forenoon, saying: "From what the boys said this morning, Dave and Paul will not be given a hearing until two o'clock this afternoon. I can graze beyond the North Fork by that time, and then we'll all go back together. Flood's right behind here with the 'Drooping T's,' and I think it's his intention to go all the way to the river.

Drop back and see him."

The boys who were with me never halted, but had ridden on towards town.

When the second herd began the ascent of the mesa, I left Splann and turned back, waiting on the brink for its arrival. As it would take the lead cattle some time to reach me, I dismounted, resting in the shade of my horse. But my rest was brief, for the clattering hoofs of a cavalcade of hors.e.m.e.n were approaching, and as I arose, Quince Forrest and Bob Quirk with a dozen or more men dashed up and halted. As their herds were intended for the Crow and Fort Washakie agencies, they would naturally follow up the south side of the North Platte, and an hour or two of grazing would put them in camp. The Buford cattle, as well as Flood's herd, were due to cross this North Fork of the mother Platte within ten miles of Ogalalla, their respective routes thenceforth being north and northeast. Forrest, like myself, was somewhat leary of entering the town, and my brother and the boys pa.s.sed on shortly, leaving Quince behind. We discussed every possible phase of what might happen in case we were recognized, which was almost certain if Tolleston or the Dodge buyers were encountered. But an overweening hunger to get into Ogalalla was dominant in us, and under the excuse of settling for our supplies, after the herd pa.s.sed, we remounted our horses, Flood joining us, and rode for the hamlet.

There was little external and no moral change in the town. Several new saloons had opened, and in antic.i.p.ation of the large drive that year, the Dew-Drop-In dance-hall had been enlarged, and employed three s.h.i.+fts of bartenders. A stage had been added with the new addition, and a special importation of ladies had been brought out from Omaha for the season. I use the term LADIES advisedly, for in my presence one of the proprietors, with marked courtesy, said to an Eastern stranger, "Oh, no, you need no introduction. My wife is the only woman in town; all the balance are ladies." Beyond a shave and a hair-cut, Forrest and I fought shy of public places. But after the supplies were settled for, and some new clothing was secured, we chambered a few drinks and swaggered about with considerable ado. My bill of supplies amounted to one hundred and twenty-six dollars, and when, without a word, I drew a draft for the amount, the proprietor of the outfitting store, as a pelon, made me a present of two fine silk handkerchiefs.

Forrest was treated likewise, and having invested ourselves in white s.h.i.+rts, with flaming red ties, we used the new handkerchiefs to otherwise decorate our persons. We had both chosen the brightest colors, and with these knotted about our necks, dangling from pistol-pockets, or protruding from ruffled s.h.i.+rt fronts, our own mothers would scarcely have known us. Jim Flood, whom we met casually on a back street, stopped, and after circling us once, said, "Now if you fellows just keep perfectly sober, your disguise will be complete."

Meanwhile Don Lovell had reported at an early hour to the sheriff's office. The legal profession was represented in Ogalalla by several firms, criminal practice being their specialty; but fortunately Mike Sutton, an attorney of Dodge, had arrived in town the day before on a legal errand for another trail drover. Sutton was a frontier advocate, alike popular with the Texas element and the gambling fraternity, having achieved laurels in his home town as a criminal lawyer. Mike was born on the little green isle beyond the sea, and, gifted with the Celtic wit, was also in logic clear as the tones of a bell, while his insight into human motives was almost superhuman. Lovell had had occasion in other years to rely on Sutton's counsel, and now would listen to no refusal of his services. As it turned out, the lawyer's mission in Ogalalla was so closely in sympathy with Lovell's trouble that they naturally strengthened each other. The highest tribunal of justice in Ogalalla was the county court, the judge of which also ran the stock-yards during the s.h.i.+pping season, and was banker for two monte games at the Lone Star saloon. He enjoyed the reputation of being an honest, fearless jurist, and supported by a growing civic pride, his decisions gave satisfaction.

A sense of crude equity governed his rulings, and as one of the citizens remarked, "Whatever the judge said, went." It should be remembered that this was in '84, but had a similar trouble occurred five years earlier, it is likely that Judge Colt would have figured in the preliminaries, and the coroner might have been called on to impanel a jury. But the rudiments of civilization were sweeping westward, and Ogalalla was nerved to the importance of the occasion; for that very afternoon a hearing was to be given for the possession of two herds of cattle, valued at over a quarter-million dollars.

The representatives of The Western Supply Company were quartered in the largest hotel in town, but seldom appeared on the streets. They had employed a firm of local attorneys, consisting of an old and a young man, both of whom evidently believed in the justice of their client's cause. All the cattle-hands in Lovell's employ were anxious to get a glimpse of Tolleston, many of them patronizing the bar and table of the same hostelry, but their efforts were futile until the hour arrived for the hearing. They probably have a new court-house in Ogalalla now, but at the date of this chronicle the building which served as a temple of justice was poorly proportioned, its height being entirely out of relation to its width. It was a two-story affair, the lower floor being used for county offices, the upper one as the court-room. A long stairway ran up the outside of the building, landing on a gallery in front, from which the sheriff announced the sitting of the honorable court of Keith County. At home in Texas, lawsuits were so rare that though I was a grown man, the novelty of this one absorbed me. Quite a large crowd had gathered in advance of the hour, and while awaiting the arrival of Judge Mulqueen, a contingent of fifteen men from the two herds in question rode up and halted in front of the court-house.

Forrest and I were lying low, not caring to be seen, when the three plaintiffs, the two local attorneys, and Tolleston put in an appearance.

The cavalcade had not yet dismounted, and when Dorg Seay caught sight of Tolleston, he stood up in his stirrups and sang out, "h.e.l.lo there, Archibald! my old college chum, how goes it?"

Judge Mulqueen had evidently dressed for the occasion, for with the exception of the plaintiffs, he was the only man in the court-room who wore a coat. The afternoon was a sultry one; in that first bottom of the Platte there was scarcely a breath of air, and collars wilted limp as rags. Neither map nor chart graced the unplastered walls, the unpainted furniture of the room was sadly in need of repair, while a musty odor permeated the room. Outside the railing the seating capacity of the court-room was rather small, rough, bare planks serving for seats, but the spectators gladly stood along the sides and rear, eager to catch every word, as they silently mopped the sweat which oozed alike from citizen and cattleman. Forrest and I were concealed in the rear, which was packed with Lovell's boys, when the judge walked in and court opened for the hearing. Judge Mulqueen requested counsel on either side to be as brief and direct as possible, both in their pleadings and testimony, adding: "If they reach the stock-yards in time, I may have to load out a train of feeders this evening. We'll bed the cars, anyhow." Turning to the sheriff, he continued: "Frank, if you happen outside, keep an eye up the river; those Lincoln feeders made a deal yesterday for five hundred three-year-olds.--Read your complaint."

The legal doc.u.ment was read with great fervor and energy by the younger of the two local lawyers. In the main it reviewed the situation correctly, every point, however, being made subservient to their object,--the possession of the cattle. The plaintiffs contended that they were the innocent holders of the original contract between the government and The Western Supply Company, properly a.s.signed; that they had purchased these two herds in question, had paid earnest-money to the amount of sixty-five thousand dollars on the same, and concluded by pet.i.tioning the court for possession. Sutton arose, counseled a moment with Lovell, and borrowing a chew of tobacco from Sponsilier, leisurely addressed the court.

"I shall not trouble your honor by reading our reply in full, but briefly state its contents," said he, in substance. "We admit that the herds in question, which have been correctly described by road brands and ages, are the property of my client. We further admit that the two trail foremen here under arrest as accessories were acting under the orders of their employer, who a.s.sumes all responsibility for their acts, and in our pleadings we ask this honorable court to discharge them from further detention. The earnest-money, said to have been paid on these herds, is correct to a cent, and we admit having the amount in our possession. But," and the little advocate's voice rose, rich in its Irish brogue, "we deny any a.s.signment of the original contract. The Western Supply Company is a corporation name, a s.h.i.+eld and fence of thieves. The plaintiffs here can claim no a.s.signment, because they themselves const.i.tute the company. It has been decided that a man cannot steal his own money, neither can he a.s.sign from himself to himself. We shall prove by a credible witness that The Western Supply Company is but another name for John C. Fields, Oliver Radcliff, and the portly gentleman who was known a year ago as 'Honest' John Griscom, one of his many aliases. If to these names you add a few moneyed confederates, you have The Western Supply Company, one and the same. We shall also prove that for years past these same gentlemen have belonged to a ring, all brokers in government contracts, and frequently finding it necessary to use a.s.sumed names, generally that of a corporation."

Scanning the doc.u.ment in his hand, Sutton continued: "Our motive in selling and accepting money on these herds in Dodge demands a word of explanation. The original contract calls for five million pounds of beef on foot to be delivered at Fort Buford. My client is a sub-contractor under that award. There are times, your honor, when it becomes necessary to resort to questionable means to attain an end. This is one of them.

Within a week after my client had given bonds for the fulfillment of his contract, he made the discovery that he was dealing with a double-faced set of scoundrels. From that day until the present moment, secret-service men have shadowed every action of the plaintiffs. My client has antic.i.p.ated their every move. When beeves broke in price from five to seven dollars a head, Honest John, here, made his boasts in Was.h.i.+ngton City over a champagne supper that he and his a.s.sociates would clear one hundred thousand dollars on their Buford contract. Let us reason together how this could be done. The Western Supply Company refused, even when offered a bonus, to a.s.sign their contract to my client. But they were perfectly willing to transfer it, from themselves as a corporation, to themselves as individuals, even though they had previously given Don Lovell a subcontract for the delivery of the bees.

The original award was made seven months ago, and the depreciation in cattle since is the secret of why the frog eat the cabbage. My client is under the necessity of tendering his cattle on the day of delivery, and proposes to hold this earnest-money to indemnify himself in case of an adverse decision at Fort Buford. It is the only thing he can do, as The Western Supply Company is execution proof, its a.s.sets consisting of some stud-horse office furniture and a corporate seal. On the other hand, Don Lovell is rated at half a million, mostly in pasture lands; is a citizen of Medina County, Texas, and if these gentlemen have any grievance, let them go there and sue him. A judgment against my client is good. Now, your honor, you have our side of the question. To be brief, shall these old Wisinsteins come out here from Was.h.i.+ngton City and dispossess any man of his property? There is but one answer--not in the Republic of Keith."

All three of the plaintiffs took the stand, their testimony supporting the complaint, Lovell's attorney refusing even to cross-examine any one of them. When they rested their case Sutton arose, and scanning the audience for some time, inquired, "Is Jim Reed there?" In response, a tall, one-armed man worked his way from the outer gallery through the crowd and advanced to the rail. I knew Reed by sight only, my middle brother having made several trips with his trail cattle, but he was known to every one by reputation. He had lost an arm in the Confederate service, and was recognized by the gambling fraternity as the gamest man among all the trail drovers, while every cowman from the Rio Grande to the Yellowstone knew him as a poker-player. Reed was asked to take the stand, and when questioned if he knew either of the plaintiffs, said:

"Yes, I know that fat gentleman, and I'm powerful glad to meet up with him again," replied the witness, designating Honest John. "That man is so crooked that he can't sleep in a bed, and it's one of the wonders of this country that he hasn't stretched hemp before this. I made his acquaintance as manager of The Federal Supply Company, and delivered three thousand cows to him at the Was.h.i.+ta Indian Agency last fall. In the final settlement, he drew on three different banks, and one draft of twenty-eight thousand dollars came back, indorsed, DRAWEE UNKNOWN. I had other herds on the trail to look after, and it was a month before I found out that the check was bogus, by which time Honest John had sailed for Europe. There was nothing could be done but put my claim into a judgment and lay for him. But I've got a grapevine twist on him now, for no sooner did he buy a herd here last week than Mr. Sutton transferred the judgment to this jurisdiction, and his cattle will be attached this afternoon. I've been on his trail for nearly a year, but he'll come to me now, and before he can move his beeves out of this county, the last cent must come, with interest, attorney's fees, detective bills, and remuneration for my own time and trouble. That's the reason that I'm so glad to meet him. Judge, I've gone to the trouble and expense to get his record for the last ten years. He's so snaky he sheds his name yearly, s.h.i.+fting for a nickname from Honest John to The Quaker. In '80 he and his a.s.sociates did business under the name of The Army & Sutler Supply Company, and I know of two judgments that can be bought very reasonable against that corporation. His record would convince any one that he despises to make an honest dollar."

The older of the two attorneys for the plaintiffs asked a few questions, but the replies were so unsatisfactory to their side, that they soon pa.s.sed the witness. During the cross-questioning, however, the sheriff had approached the judge and whispered something to his honor. As there were no further witnesses to be examined, the local attorneys insisted on arguing the case, but Judge Mulqueen frowned them down, saying:

"This court sees no occasion for any argument in the present case. You might spout until you were black in the face and it wouldn't change my opinion any; besides I've got twenty cars to send and a train of cattle to load out this evening. This court refuses to interfere with the herds in question, at present the property of and in possession of Don Lovell, who, together with his men, are discharged from custody. If you're in town to-night, Mr. Reed, drop into the Lone Star. Couple of nice monte games running there; hundred-dollar limit, and if you feel lucky, there's a nice bank roll behind them. Adjourn court, Mr. Sheriff."

CHAPTER XIV. TURNING THE TABLES

"Keep away from me, you common cow-hands," said Sponsilier, as a group of us waited for him at the foot of the court-house stairs. But Dave's gravity soon turned to a smile as he continued: "Did you fellows notice The Rebel and me sitting inside the rail among all the big augers?

Paul, was it a dream, or did we sleep in a bed last night and have a sure-enough pillow under our heads? My memory is kind of hazy to-day, but I remember the drinks and the cigars all right, and saying to some one that this luck was too good to last. And here we are turned out in the cold world again, our fun all over, and now must go back to those measly cattle. But it's just what I expected."

The crowd dispersed quietly, though the sheriff took the precaution to accompany the plaintiffs and Tolleston back to their hotel. The absence of the two deputies whom we had met the day before was explained by the testimony of the one-armed cowman. When the two drovers came downstairs, they were talking very confidentially together, and on my employer noticing the large number of his men present, he gave orders for them to meet him at once at the White Elephant saloon. Those who had horses at hand mounted and dashed down the street, while the rest of us took it leisurely around to the appointed rendezvous, some three blocks distant.

While on the way, I learned from The Rebel that the cattle on which the attachment was to be made that afternoon were then being held well up the North Fork. Sheriff Phillips joined us shortly after we entered the saloon, and informed my employer and Mr. Reed that the firm of Field, Radcliff & Co. had declared war. They had even denounced him and the sheriff's office as being in collusion against them, and had dispatched Tolleston with orders to refuse service.

"Let them get on the prod all they want to," said Don Lovell to Reed and the sheriff. "I've got ninety men here, and you fellows are welcome to half of them, even if I have to go out and stand a watch on night-herd myself. Reed, we can't afford to have our business ruined by such a set of scoundrels, and we might as well fight it out here and now. Look at the situation I'm in. A hundred thousand dollars wouldn't indemnify me in having my cattle refused as late as the middle of September at Fort Buford. And believing that I will be turned down, under my contract, so Sutton says, I must tender my beeves on the appointed day of delivery, which will absolve my bondsmen and me from all liability. A man can't trifle with the government--the cattle must be there. Now in my case, Jim, what would you do?"

"That's a hard question, Don. You see we're strangers up in this Northwest country. Now, if it was home in Texas, there would be only one thing to do. Of course I'm no longer handy with a shotgun, but you've got two good arms."

"Well, gentlemen," said the sheriff, "you must excuse me for interrupting, but if my deputies are to take possession of that herd this afternoon, I must saddle up and go to the front. If Honest John and a.s.sociates try to stand up any bluffs on my office, they'll only run on the rope once. I'm much obliged to you, Mr. Lovell, for the a.s.surance of any help I may need, for it's quite likely that I may have to call upon you. If a ring of government speculators can come out here and refuse service, or dictate to my office, then old Keith County is certainly on the verge of decadence. Now, I'll be all ready to start for the North Fork in fifteen minutes, and I'd admire to have you all go along."

Lovell and Reed both expressed a willingness to accompany the sheriff.

Phillips thanked them and nodded to the force behind the mahogany, who dexterously slid the gla.s.ses up and down the bar, and politely inquired of the double row confronting them as to their tastes. As this was the third round since entering the place, I was anxious to get away, and summoning Forrest, we started for our horses. We had left them at a barn on a back street, but before reaching the livery, Quince concluded that he needed a few more cartridges. I had ordered a hundred the day before for my own personal use, but they had been sent out with the supplies and were then in camp. My own belt was filled with ammunition, but on Forrest buying fifty, I took an equal number, and after starting out of the store, both turned back and doubled our purchases. On arriving at the stable, whom should I meet but the Wyoming cowman who had left us at Grinnell. During the few minutes in which I was compelled to listen to his troubles, he informed me that on his arrival at Ogalalla, all the surplus cow-hands had been engaged by a man named Tolleston for the Yellowstone country. He had sent to his ranch, however, for an outfit who would arrive that evening, and he expected to start his herd the next morning. But without wasting any words, Forrest and I swung into our saddles, waved a farewell to the wayfaring acquaintance, and rode around to the White Elephant. The sheriff and quite a cavalcade of our boys had already started, and on reaching the street which terminated in the only road leading to the North Fork, we were halted by Flood to await the arrival of the others. Jim Reed and my employer were still behind, and some little time was lost before they came up, sufficient to give the sheriff a full half-mile start. But under the leaders.h.i.+p of the two drovers, we shook out our horses, and the advance cavalcade were soon overtaken.

"Well, Mr. Sheriff," said old man Don, as he reined in beside Phillips, "how do you like the looks of this for a posse? I'll vouch that they're all good cow-hands, and if you want to deputize the whole works, why, just work your rabbit's foot. You might leave Reed and me out, but I think there's some forty odd without us. Jim and I are getting a little too old, but we'll hang around and run errands and do the clerking. I'm perfectly willing to waste a week, and remember that we've got the chuck and nearly a thousand saddle horses right over here on the North Fork.

You can move your office out to one of my wagons if you wish, and whatever's mine is yours, just so long as Honest John and his friends pay the fiddler. If he and his a.s.sociates are going to make one hundred thousand dollars on the Buford contract, one thing is certain--I'll lose plenty of money on this year's drive. If he refuses service and you take possession, your office will be perfectly justified in putting a good force of men with the herd. And at ten dollars a day for a man and horse, they'll soon get sick and Reed will get his pay. If I have to hold the sack in the end, I don't want any company."

The location of the beeves was about twelve miles from town and but a short distance above the herds of The Rebel and Bob Quirk. It was nearly four o'clock when we left the hamlet, and by striking a free gait, we covered the intervening distance in less than an hour and a half. The mesa between the two rivers was covered with through cattle, and as we neared the herd in question, we were met by the larger one of the two chief deputies. The undersheriff was on his way to town, but on sighting his superior among us, he halted and a conference ensued. Sponsilier and Priest made a great ado over the big deputy on meeting, and after a few inquiries were exchanged, the latter turned to Sheriff Phillips and said:

"Well, we served the papers and I left the other two boys in temporary possession of the cattle. It's a badly mixed-up affair. The Texas foreman is still in charge, and he seems like a reasonable fellow. The terms of the sale were to be half cash here and the balance at the point of delivery. But the buyers only paid forty thousand down, and the trail boss refuses to start until they make good their agreement. From what I could gather from the foreman, the buyers simply buffaloed the young fellow out of his beeves, and are now hanging back for more favorable terms. He accepted service all right and a.s.sured me that our men would be welcome at his wagon until further notice, so I left matters just as I found them. But as I was on the point of leaving, that segundo of the buyers arrived and tried to stir up a little trouble. We all sat down on him rather hard, and as I left he and the Texas foreman were holding quite a big pow-wow."

"That's Tolleston all right," said old man Don, "and you can depend on him stirring up a muss if there's any show. It's a mystery to me how I tolerated that fellow as long as I did. If some of you boys will corner and hold him for me, I'd enjoy reading his t.i.tle to him in a few plain words. It's due him, and I want to pay everything I owe. What's the programme, Mr. Sheriff?"

"The only safe thing to do is to get full possession of the cattle,"

replied Phillips. "My deputies are all right, but they don't thoroughly understand the situation. Mr. Lovell, if you can lend me ten men, I'll take charge of the herd at once and move them back down the river about seven miles. They're entirely too near the west line of the county to suit me, and once they're in our custody the money will be forthcoming, or the expenses will mount up rapidly. Let's ride."

The under-sheriff turned back with us. A swell of the mesa cut off a view of the herd, but under the leaders.h.i.+p of the deputy we rode to its summit, and there before and under us were both camp and cattle.

Arriving at the wagon, Phillips very politely informed the Texas foreman that he would have to take full possession of his beeves for a few days, or until the present difficulties were adjusted. The trail boss was a young fellow of possibly thirty, and met the sheriff's demand with several questions, but, on being a.s.sured that his employer's equity in the herd would be fully protected without expense, he offered no serious objection. It developed that Reed had some slight acquaintance with the seller of the cattle, and lost no time in informing the trail boss of the record of the parties with whom his employer was dealing.

The one-armed drover's language was plain, the foreman knew Reed by reputation, and when Lovell a.s.sured the young man that he would be welcome at any of his wagons, and would be perfectly at liberty to see that his herd was properly cared for, he yielded without a word. My sympathies were with the foreman, for he seemed an honest fellow, and deliberately to take his herd from him, to my impulsive reasoning looked like an injustice. But the sheriff and those two old cowmen were determined, and the young fellow probably acted for the best in making a graceful surrender.

Meanwhile the two deputies in charge failed to materialize, and on inquiry they were reported as out at the herd with Tolleston. The foreman accompanied us to the cattle, and while on the way he informed the sheriff that he wished to count the beeves over to him and take a receipt for the same. Phillips hesitated, as he was no cowman, but Reed spoke up and insisted that it was fair and just, saying: "Of course, you'll count the cattle and give him a receipt in numbers, ages, and brands. It's not this young man's fault that his herd must undergo all this trouble, and when he turns them over to an officer of the law he ought to have something to show for it. Any of Lovell's foremen here will count them to a hair for you, and Don and I will witness the receipt, which will make it good among cowmen."

Without loss of time the herd was started east. Tolleston kept well out of reach of my employer, and besought every one to know what this movement meant. But when the trail boss and Jim Flood rode out to a swell of ground ahead, and the point-men began filing the column through between the two foremen, Archie was sagacious enough to know that the count meant something serious. In the mean time Bob Quirk had favored Tolleston with his company, and when the count was nearly half over, my brother quietly informed him that the sheriff was taking possession.

Once the atmosphere cleared, Archie grew uneasy and restless, and as the last few hundred beeves were pa.s.sing the counters, he suddenly concluded to return to Ogalalla. But my brother urged him not to think of going until he had met his former employer, a.s.suring Tolleston that the old man had made inquiry about and was anxious to meet him. The latter, however, could not remember anything of urgent importance between them, and pleaded the lateness of the hour and the necessity of his immediate return to town. The more urgent Bob Quirk became, the more fidgety grew Archie. The last of the cattle were pa.s.sing the count as Tolleston turned away from my brother's entreaty, and giving his horse the rowel, started off on a gallop. But there was a scattering field of hors.e.m.e.n to pa.s.s, and before the parting guest could clear it, a half-dozen ropes circled in the air and deftly settled over his horse's neck and himself, one of which pinioned his arms. The boys were expecting something of this nature, and fully half the men in Lovell's employ galloped up and formed a circle around the captive, now livid with rage. Archie was cursing by both note and rhyme, and had managed to unearth a knife and was trying to cut the la.s.sos which fettered himself and horse, when Dorg Seay rode in and rapped him over the knuckles with a six-shooter, saying, "Don't do that, sweetheart; those ropes cost thirty-five cents apiece."

Fortunately the knife was knocked from Tolleston's hand and his six-shooter secured, rendering him powerless to inflict injury to any one. The cattle count had ended, and escorted by a cordon of mounted men, both horse and captive were led over to where a contingent had gathered around to hear the result of the count. I was merely a delighted spectator, and as the other men turned from the cattle and met us, Lovell languidly threw one leg over his horse's neck, and, suppressing a smile, greeted his old foreman.

"h.e.l.lo, Archie," said he; "it's been some little time since last we met.

I've been hearing some bad reports about you, and was anxious to meet up and talk matters over. Boys, take those ropes off his horse and give him back his irons; I raised this man and made him the cow-hand he is, and there's nothing so serious between us that we should remain strangers.

Now, Archie, I want you to know that you are in the employ of my enemies, who are as big a set of scoundrels as ever missed a halter.

You and Flood, here, were the only two men in my employ who knew all the facts in regard to the Buford contract. And just because I wouldn't favor you over a blind horse, you must hunt up the very men who are trying to undermine me on this drive. No wonder they gave you employment, for you're a valuable man to them; but it's at a serious loss,--the loss of your honor. You can't go home to Texas and again be respected among men. This outfit you are with will promise you the earth, but the moment that they're through with you, you won't cut any more figure than a last year's bird's nest. They'll throw you aside like an old boot, and you'll fall so hard that you'll hear the clock tick in China. Now, Archie, it hurts me to see a young fellow like you go wrong, and I'm willing to forgive the past and stretch out a hand to save you.

If you'll quit those people, you can have Flood's cattle from here to the Rosebud Agency, or I'll buy you a ticket home and you can help with the fall work at the ranch. You may have a day or two to think this matter over, and whatever you decide on will be final. You have shown little grat.i.tude for the opportunities that I've given you, but we'll break the old slate and start all over with a new one. Now, that's all I wanted to say to you, except to do your own thinking. If you're going back to town, I'll ride a short distance with you."

The two rode away together, but halted within sight for a short conference, after which Lovell returned. The cattle were being drifted east by the deputies and several of our boys, the trail boss having called off his men on an agreement of the count. The herd had tallied out thirty-six hundred and ten head, but in making out the receipt, the fact was developed that there were some six hundred beeves not in the regular road brand. These had been purchased extra from another source, and had been paid for in full by the buyers, the seller of the main herd agreeing to deliver them along with his own. This was fortunate, as it increased the equity of the buyers in the cattle, and more than established a sufficient interest to satisfy the judgment and all expenses.

Darkness was approaching, which hastened our actions. Two men from each outfit present were detailed to hold the cattle that night, and were sent on ahead to Priest's camp to secure their suppers and a change of mounts. The deposed trail boss accepted an invitation to accompany us and spend the night at one of our wagons, and we rode away to overtake the drifting herd. The different outfits one by one dropped out and rode for their camps; but as mine lay east and across the river, the course of the herd was carrying me home. After pa.s.sing The Rebel's wagon fully a half mile, we rounded in the herd, which soon lay down to rest on the bedground. In the gathering twilight, the camp-fires of nearly a dozen trail wagons were gleaming up and down the river, and while we speculated with Sponsilier's boys which one was ours, the guard arrived and took the bedded herd. The two old cowmen and the trail boss had dropped out opposite my brother's camp, leaving something like ten men with the attached beeves; but on being relieved by the first watch, Flood invited Sheriff Phillips and his deputies across the river to spend the night with him.

"Like to, mighty well, but can't do it," replied Phillips. "The sheriff's office is supposed to be in town, and not over on the North Fork, but I'll leave two of these deputies with you. Some of you had better ride in to-morrow, for there may be overtures made looking towards a settlement; and treat those beeves well, so that there can be no charge of damage to the cattle. Good-night, everybody."