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The Outlet
by Andy Adams
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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 Washita 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, shifting for a nickname from Honest John to The Quaker. In '80 he and his associates 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 passed 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 associates 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 assurance 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 glasses 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 leadership 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 associates 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 assured 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 title 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 leadership 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 assured 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 assured 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 passing 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, assuring 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 passing 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 horsemen to pass, 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 lassos 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.

"Hello, 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 gratitude 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 passing 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."



CHAPTER XV. TOLLESTON BUTTS IN

Morning dawned on a scene of pastoral grandeur. The valley of the North Platte was dotted with cattle from hill and plain. The river, well confined within its low banks, divided an unsurveyed domain of green-swarded meadows like a boundary line between vast pastures. The exodus of cattle from Texas to the new Northwest was nearing flood-tide, and from every swell and knoll the solitary figure of the herdsman greeted the rising sun.

Sponsilier and I had agreed to rejoin our own outfits at the first opportunity. We might have exchanged places the evening before, but I had a horse and some ammunition at Dave's camp and was just contentious enough not to give up a single animal from my own mount. On the other hand, Mr. Dave Sponsilier would have traded whole remudas with me; but my love for a good horse was strong, and Fort Buford was many a weary mile distant. Hence there was no surprise shown as Sponsilier rode up to his own wagon that morning in time for breakfast. We were good friends when personal advantages did not conflict, and where our employer's interests were at stake we stood shoulder to shoulder like comrades. Yet Dave gave me a big jolly about being daffy over my horses, well knowing that there is an indescribable nearness between one of our craft and his own mount. But warding off his raillery, just the same and in due time, I cantered away on my own horse.

As I rode up the North Fork towards my outfit, the attached herd was in plain view across the river. Arriving at my own wagon, I saw a mute appeal in every face for permission to go to town, and consent was readily granted to all who had not been excused on a similar errand the day before. The cook and horse-wrangler were included, and the activities of the outfit in saddling and getting away were suggestive of a prairie fire or a stampede. I accompanied them across the river, and then turned upstream to my brother's camp, promising to join them later and make a full day of it. At Bob's wagon they had stretched a fly, and in its shade lounged half a dozen men, while an air of languid indolence pervaded the camp. Without dismounting, I announced myself as on the way to town, and invited any one who wished to accompany me. Lovell and Reed both declined; half of Bob's men had been excused and started an hour before, but my brother assured me that if I would wait until the deposed foreman returned, the latter's company could be counted on. I waited, and in the course of half an hour the trail boss came back from his cattle. During the interim, the two old cowmen reviewed Grant's siege of Vicksburg, both having been participants, but on opposite sides. While the guest was shifting his saddle to a loaned horse, I inquired if there was anything that I could attend to for any one at Ogalalla. Lovell could think of nothing; but as we mounted to start, Reed aroused himself, and coming over, rested the stub of his armless sleeve on my horse's neck, saying:

"You boys might drop into the sheriff's office as you go in and also again as you are starting back. Report the cattle as having spent a quiet night and ask Phillips if he has any word for me."

Turning to the trail boss he continued: "Young man, I would suggest that you hunt up your employer and have him stir things up. The cattle will be well taken care of, but we're just as anxious to turn them back to you as you are to receive them. Tell the seller that it would be well worth his while to see Lovell and myself before going any farther. We can put him in possession of a few facts that may save him time and trouble. I reckon that's about all. Oh, yes, I'll be at this wagon all evening."

My brother rode a short distance with us and introduced the stranger as Hugh Morris. He proved a sociable fellow, had made three trips up the trail as foreman, his first two herds having gone to the Cherokee Strip under contract. By the time we reached Ogalalla, as strong a fraternal level existed between us as though we had known each other for years. Halting for a moment at the sheriff's office, we delivered our messages, after which we left our horses at the same corral with the understanding that we would ride back together. A few drinks were indulged in before parting, then each went to attend to his own errands, but we met frequently during the day. Once my boys were provided with funds, they fell to gambling so eagerly that they required no further thought on my part until evening. Several times during the day I caught glimpses of Tolleston, always on horseback, and once surrounded by quite a cavalcade of horsemen. Morris and I took dinner at the hotel where the trio of government jobbers were stopping. They were in evidence, and amongst the jolliest of the guests, commanding and receiving the best that the hostelry afforded. Sutton was likewise present, but quiet and unpretentious, and I thought there was a false, affected note in the hilarity of the ringsters, and for effect. I was known to two of the trio, but managed to overhear any conversation which was adrift. After dinner and over fragrant cigars, they reared their feet high on an outer gallery, and the inference could be easily drawn that a contract, unless it involved millions, was beneath their notice.

Morris informed me that his employer's suspicions were aroused, and that he had that morning demanded a settlement in full or the immediate release of the herd. They had laughed the matter off as a mere incident that would right itself at the proper time, and flashed as references a list of congressmen, senators, and bankers galore. But Morris's employer had stood firm in his contentions, refusing to be overawed by flattery or empty promises. What would be the result remained to be seen, and the foreman and myself wandered aimlessly around town during the afternoon, meeting other trail bosses, nearly all of whom had heard more or less about the existing trouble. That we had the sympathy of the cattle interests on our side goes without saying, and one of them, known as "the kidgloved foreman," a man in the employ of Shanghai Pierce, invoked the powers above to witness what would happen if he were in Lovell's boots. This was my first meeting with the picturesque trail boss, though I had heard of him often and found him a trifle boastful but not a bad fellow. He distinguished himself from others of his station on the trail by always wearing white shirts, kid gloves, riding-boots, inlaid spurs, while a heavy silver chain was wound several times round a costly sombrero in lieu of a hatband. We spent an hour or more together, drinking sparingly, and at parting he begged that I would assure my employer that he sympathized with him and was at his command.

The afternoon was waning when I hunted up my outfit and started them for camp. With one or two exceptions, the boys were broke and perfectly willing to go. Morris and I joined them at the livery where they had left their horses, and together we started out of town. Ordering them to ride on to camp, and saying that I expected to return by way of Bob Quirk's wagon, Morris and myself stopped at the court-house. Sheriff Phillips was in his office and recognized us both at a glance. "Well, she's working," said he, "and I'll probably have some word for you late this evening. Yes, one of the local attorneys for your friends came in and we figured everything up. He thought that if this office would throw off a certain per cent. of its expense, and Reed would knock off the interest, his clients would consent to a settlement. I told him to go right back and tell his people that as long as they thought that way, it would only cost them one hundred and forty dollars every twenty-four hours." The lawyer was back within twenty minutes, bringing a draft, covering every item, and urged me to have it accepted by wire. The bank was closed, but I found the cashier in a poker-game and played his hand while he went over to the depot and sent the message. "The operator has orders to send a duplicate of the answer to this office, and the moment I get it, if favorable, I'll send a deputy with the news over to the North Fork. Tell Reed that I think the check's all right this time, but we'll stand pat until we know for a certainty. We'll get an answer by morning sure."

The message was hailed with delight at Bob Quirk's wagon. On nearing the river, Morris rode by way of the herd to ask the deputies in charge to turn the cattle up the river towards his camp. Several of the foreman's men were waiting at my brother's wagon, and on Morris's return he ordered his outfit to meet the beeves the next morning and be in readiness to receive them back. Our foremen were lying around temporary headquarters, and as we were starting for our respective camps for the night, Lovell suggested that we hold our outfits all ready to move out with the herds on an hour's notice. Accordingly the next morning, I refused every one leave of absence, and gave special orders to the cook and horse-wrangler to have things in hand to start on an emergency order. Jim Flood had agreed to wait for me, and we would recross the river together and hear the report from the sheriff's office. Forrest and Sponsilier rode up about the same time we arrived at his wagon, and all four of us set out for headquarters across the North Fork. The sun was several hours high when we reached the wagon, and learned that an officer had arrived during the night with a favorable answer, that the cattle had been turned over to Morris without a count, and that the deputies had started for town at daybreak.

"Well, boys," said Lovell, as we came in after picketing our horses, "Reed, here, wins out, but we're just as much at sea as ever. I've looked the situation over from a dozen different viewpoints, and the only thing to do is graze across country and tender our cattle at Fort Buford. It's my nature to look on the bright side of things, and yet I'm old enough to know that justice, in a world so full of injustice, is a rarity. By allowing the earnest-money paid at Dodge to apply, some kind of a compromise might be effected, whereby I could get rid of two of these herds, with three hundred saddle horses thrown back on my hands at the Yellowstone River. I might dispose of the third herd here and give the remuda away, but at a total loss of at least thirty thousand dollars on the Buford cattle. But then there's my bond to The Western Supply Company, and if this herd of Morris's fails to respond on the day of delivery, I know who will have to make good. An Indian uprising, or the enforcement of quarantine against Texas fever, or any one of a dozen things might tie up the herd, and September the 15th come and go and no beef offered on the contract. I've seen outfits start out and never get through with the chuck-wagon, even. Sutton's advice is good; we'll tender the cattle. There is a chance that we'll get turned down, but if we do, I have enough indemnity money in my possession to temper the wind if the day of delivery should prove a chilly one to us. I think you had all better start in the morning."

The old man's review of the situation was a rational one, in which Jim Reed and the rest of us concurred. Several of the foremen, among them myself, were anxious to start at once, but Lovell urged that we kill a beef before starting and divide it up among the six outfits. He also proposed to Flood that they go into town during the afternoon and freely announce our departure in the morning, hoping to force any issue that might be smouldering in the enemy's camp. The outlook for an early departure was hailed with delight by the older foremen, and we younger and more impulsive ones yielded. The cook had orders to get up something extra for dinner, and we played cards and otherwise lounged around until the midday meal was announced as ready. A horse had been gotten up for Lovell to ride and was on picket, all the relieved men from the attached herd were at Bob's wagon for dinner, and jokes and jollity graced the occasion. But near the middle of the noon repast, some one sighted a mounted man coming at a furious pace for the camp, and shortly the horseman dashed up and inquired for Lovell. We all arose, when the messenger dismounted and handed my employer a letter. Tearing open the missive, the old man read it and turned ashy pale. The message was from Mike Sutton, stating that a fourth member of the ring had arrived during the forenoon, accompanied by a United States marshal from the federal court at Omaha; that the officer was armed with an order of injunctive relief; that he had deputized thirty men whom Tolleston had gathered, and proposed taking possession of the two herds in question that afternoon.

"Like hell they will," said Don Lovell, as he started for his horse. His action was followed by every man present, including the one-armed guest, and within a few minutes thirty men swung into saddles, subject to orders. The camps of the two herds at issue were about four and five miles down and across the river, and no doubt Tolleston knew of their location, as they were only a little more than an hour's ride from Ogalalla. There was no time to be lost, and as we hastily gathered around the old man, he said: "Ride for your outfits, boys, and bring along every man you can spare. We'll meet north of the river about midway between Quince's and Tom's camps. Bring all the cartridges you have, and don't spare your horses going or coming."

Priest's wagon was almost on a line with mine, though south of the river. Fortunately I was mounted on one of the best horses in my string, and having the farthest to go, shook the kinks out of him as old Paul and myself tore down the mesa. After passing The Rebel's camp, I held my course as long as the footing was solid, but on encountering the first sand, crossed the river nearly opposite the appointed rendezvous. The North Platte was fordable at any point, flowing but a midsummer stage of water, with numerous wagon crossings, its shallow channel being about one hundred yards wide. I reined in my horse for the first time near the middle of the stream, as the water reached my saddle-skirts; when I came out on the other side, Priest and his boys were not a mile behind me. As I turned down the river, casting a backward glance, squads of horsemen were galloping in from several quarters and joining a larger one which was throwing up clouds of dust like a column of cavalry. In making a cut-off to reach my camp, I crossed a sand dune from which I sighted the marshal's posse less than two miles distant. My boys were gambling among themselves, not a horse under saddle, and did not notice my approach until I dashed up. Three lads were on herd, but the rest, including the wrangler, ran for their mounts on picket, while Parent and myself ransacked the wagon for ammunition. Fortunately the supply of the latter was abundant, and while saddles were being cinched on horses, the cook and I divided the ammunition and distributed it among the men. The few minutes' rest refreshed my horse, but as we dashed away, the boys yelling like Comanches, the five-mile ride had bested him and he fell slightly behind. As we turned into the open valley, it was a question if we or the marshal would reach the stream first; he had followed an old wood road and would strike the river nearly opposite Forrest's camp. The horses were excited and straining every nerve, and as we neared our crowd the posse halted on the south side and I noticed a conveyance among them in which were seated four men. There was a moment's consultation held, when the posse entered the water and began fording the stream, the vehicle and its occupants remaining on the other side. We had halted in a circle about fifty yards back from the river-bank, and as the first two men came out of the water, Don Lovell rode forward several lengths of his horse, and with his hand motioned to them to halt. The leaders stopped within easy speaking distance, the remainder of the posse halting in groups at their rear, when Lovell demanded the meaning of this demonstration.

An inquiry and answer followed identifying the speakers. "In pursuance of an order from the federal court of this jurisdiction," continued the marshal, "I am vested with authority to take into my custody two herds, numbering nearly seven thousand beeves, now in your possession, and recently sold to Field, Radcliff & Co. for government purposes. I propose to execute my orders peaceably, and any interference on your part will put you and your men in contempt of government authority. If resistance is offered, I can, if necessary, have a company of United States cavalry here from Fort Logan within forty-eight hours to enforce the mandates of the federal court. Now my advice to you would be to turn these cattle over without further controversy."

"And my advice to you," replied Lovell, "is to go back to your federal court and tell that judge that as a citizen of these United States, and one who has borne arms in her defense, I object to having snap judgment rendered against me. If the honorable court which you have the pleasure to represent is willing to dispossess me of my property in favor of a ring of government thieves, and on only hearing one side of the question, then consider me in contempt. I'll gladly go back to Omaha with you, but you can't so much as look at a hoof in my possession. Now call your troops, or take me with you for treating with scorn the orders of your court."

Meanwhile every man on our side had an eye on Archie Tolleston, who had gradually edged forward until his horse stood beside that of the marshal. Before the latter could frame a reply to Lovell's ultimatum, Tolleston said to the federal officer:

"Didn't my employers tell you that the old —— — — —— would defy you without a demonstration of soldiers at your back? Now, the laugh's on you, and—"

"No, it's on you," interrupted a voice at my back, accompanied by a pistol report. My horse jumped forward, followed by a fusillade of shots behind me, when the hireling deputies turned and plunged into the river. Tolleston had wheeled his horse, joining the retreat, and as I brought my six-shooter into action and was in the act of leveling on him, he reeled from the saddle, but clung to the neck of his mount as the animal dashed into the water. I held my fire in the hope that he would right in the saddle and afford me a shot, but he struck a swift current, released his hold, and sunk out of sight. Above the din and excitement of the moment, I heard a voice which I recognized as Reed's, shouting, "Cut loose on that team, boys! blaze away at those harness horses!" Evidently the team had been burnt by random firing, for they were rearing and plunging, and as I fired my first shot at them, the occupants sprang out of the vehicle and the team ran away. A lull occurred in the shooting, to eject shells and refill cylinders, which Lovell took advantage of by ordering back a number of impulsive lads, who were determined to follow up the fleeing deputies.

"Come back here, you rascals, and stop this shooting!" shouted the old man. "Stop it, now, or you'll land me in a federal prison for life! Those horsemen may be deceived. When federal courts can be deluded with sugar-coated blandishments, ordinary men ought to be excusable."

Six-shooters were returned to their holsters. Several horses and two men on our side had received slight flesh wounds, as there had been a random return fire. The deputies halted well out of pistol range, covering the retreat of the occupants of the carriage as best they could, but leaving three dead horses in plain view. As we dropped back towards Forrest's wagon, the team in the mean time having been caught, those on foot were picked up and given seats in the conveyance. Meanwhile a remuda of horses and two chuck-wagons were sighted back on the old wood road, but a horseman met and halted them and they turned back for Ogalalla. On reaching our nearest camp, the posse south of the river had started on their return, leaving behind one of their number in the muddy waters of the North Platte.

Late that evening, as we were preparing to leave for our respective camps, Lovell said to the assembled foremen: "Quince will take Reed and me into Ogalalla about midnight. If Sutton advises it, all three of us will go down to Omaha and try and square things. I can't escape a severe fine, but what do I care as long as I have their money to pay it with? The killing of that fool boy worries me more than a dozen fines. It was uncalled for, too, but he would butt in, and you fellows were all itching for the chance to finger a trigger. Now the understanding is that you all start in the morning."



CHAPTER XVI. CROSSING THE NIOBRARA

The parting of the ways was reached. On the morning of July 12, the different outfits in charge of Lovell's drive in '84 started on three angles of the compass for their final destination. The Rosebud Agency, where Flood's herd was to be delivered on September 1, lay to the northeast in Dakota. The route was not direct, and the herd would be forced to make quite an elbow, touching on the different forks of the Loup in order to secure water. The Rebel and my brother would follow up on the south side of the North Platte until near old Fort Laramie, when their routes would separate, the latter turning north for Montana, while Priest would continue along the same watercourse to within a short distance of his destination. The Buford herds would strike due north from the first tributary putting in from above, which we would intercept the second morning out.

An early start was the order of the day. My beeves were pushed from the bed-ground with the first sign of dawn, and when the relief overtook them, they were several miles back from the river and holding a northwest course. My camp being the lowest one on the North Fork, Forrest and Sponsilier, also starting at daybreak, naturally took the lead, the latter having fully a five-mile start over my outfit. But as we left the valley and came up on the mesa, there on an angle in our front, Flood's herd snailed along like an army brigade, anxious to dispute our advance. The point-men veered our cattle slightly to the left, and as the drag-end of Flood's beeves passed before us, standing in our stirrups we waved our hats in farewell to the lads, starting on their last tack for the Rosebud Agency. Across the river were the dim outlines of two herds trailing upstream, being distinguishable from numerous others by the dust-clouds which marked the moving from the grazing cattle. The course of the North Platte was southwest, and on the direction which we were holding, we would strike the river again during the afternoon at a bend some ten or twelve miles above.

Near the middle of the forenoon we were met by Hugh Morris. He was discouraged, as it was well known now that his cattle would be tendered in competition with ours at Fort Buford. There was no comparison between the beeves, ours being much larger, more uniform in weight, and in better flesh. He looked over both Forrest's and Sponsilier's herds before meeting us, and was good enough judge of cattle to know that his stood no chance against ours, if they were to be received on their merits. We talked matters over for fully an hour, and I advised him never to leave Keith County until the last dollar in payment for his beeves was in hand. Morris thought this was quite possible, as information had reached him that the buyers had recently purchased a remuda, and now, since they had failed to take possession of two of Lovell's herds, it remained to be seen what the next move would be. He thought it quite likely, though, that a settlement could be effected whereby he would be relieved at Ogalalla. Mutually hoping that all would turn out well, we parted until our paths should cross again.

We intercepted the North Fork again during the afternoon, watering from it for the last time, and the next morning struck the Blue River, the expected tributary. Sponsilier maintained his position in the lead, but I was certain when we reached the source of the Blue, David would fall to the rear, as thenceforth there was neither trail nor trace, map nor compass. The year before, Forrest and I had been over the route to the Pine Ridge Agency, and one or the other of us must take the lead across a dry country between the present stream and tributaries of the Niobrara. The Blue possessed the attributes of a river in name only, and the third day up it, Sponsilier crossed the tributary to allow either Forrest or myself to take the lead. Quince professed a remarkable ignorance and faulty memory as to the topography of the country between the Blue and Niobrara, and threw bouquets at me regarding my ability always to find water. It is true that I had gone and returned across this arid belt the year before, but on the back trip it was late in the fall, and we were making forty miles a day with nothing but a wagon and remuda, water being the least of my troubles. But a compromise was effected whereby we would both ride out the country anew, leaving the herds to lie over on the head waters of the Blue River. There were several shallow lakes in the intervening country, and on finding the first one sufficient to our needs, the herds were brought up, and we scouted again in advance. The abundance of antelope was accepted as an assurance of water, and on recognizing certain landmarks, I agreed to take the lead thereafter, and we turned back. The seventh day out from the Blue, the Box Buttes were sighted, at the foot of which ran a creek by the same name, and an affluent of the Niobrara. Contrary to expectations, water was even more plentiful than the year before, and we grazed nearly the entire distance. The antelope were unusually tame; with six-shooters we killed quite a number by flagging, or using a gentle horse for a blind, driving the animal forward with the bridle reins, tacking frequently, and allowing him to graze up within pistol range.

The Niobrara was a fine grazing country. Since we had over two months at our disposal, after leaving the North Platte, every advantage was given the cattle to round into form. Ten miles was a day's move, and the different outfits kept in close touch with each other. We had planned a picnic for the crossing of the Niobrara, and on reaching that stream during the afternoon, Sponsilier and myself crossed, camping a mile apart, Forrest remaining on the south side. Wild raspberries had been extremely plentiful, and every wagon had gathered a quantity sufficient to make a pie for each man. The cooks had mutually agreed to meet at Sponsilier's wagon and do the baking, and every man not on herd was present in expectation of the coming banquet. One of Forrest's boys had a fiddle, and bringing it along, the festivities opened with a stag dance, the "ladies" being designated by wearing a horse-hobble loosely around their necks. While the pies were baking, a slow process with Dutch ovens, I sat on the wagon-tongue and played the violin by the hour. A rude imitation of the gentler sex, as we had witnessed in dance-halls in Dodge and Ogalalla, was reproduced with open shirt fronts, and amorous advances by the sterner one.

The dancing ceased the moment the banquet was ready. The cooks had experienced considerable trouble in restraining some of the boys from the too free exercise of what they looked upon as the inalienable right of man to eat his pie when, where, and how it best pleased him. But Sponsilier, as host, stood behind the culinary trio, and overawed the impetuous guests. The repast barely concluded in time for the wranglers and first guard from Forrest's and my outfit to reach camp, catch night-horses, bed the cattle, and excuse the herders, as supper was served only at the one wagon. The relieved ones, like eleventh-hour guests, came tearing in after darkness, and the tempting spread soon absorbed them. As the evening wore on, the loungers gathered in several circles, and the raconteur held sway. The fact that we were in a country in which game abounded suggested numerous stories. The delights of cat-hunting by night found an enthusiast in each one present. Every dog in our memory, back to early boyhood, was properly introduced and his best qualities applauded. Not only cat-hounds but coon-dogs had a respectful hearing.

"I remember a hound," said Forrest's wrangler, "which I owned when a boy back in Virginia. My folks lived in the foot-hills of the Blue Ridge Mountains in that state. We were just as poor as our poorest neighbors. But if there was any one thing that that section was rich in it was dogs, principally hounds. This dog of mine was four years old when I left home to go to Texas. Fine hound, swallow marked, and when he opened on a scent you could always tell what it was that he was running. I never allowed him to run with packs, but generally used him in treeing coon, which pestered the cornfields during roasting-ear season and in the fall. Well, after I had been out in Texas about five years, I concluded to go back on a little visit to the old folks. There were no railroads within twenty miles of my home, and I had to hoof it that distance, so I arrived after dark. Of course my return was a great surprise to my folks, and we sat up late telling stories about things out West. I had worked with cattle all the time, and had made one trip over the trail from Collin County to Abilene, Kansas.

"My folks questioned me so fast that they gave me no show to make any inquiries in return, but I finally eased one in and asked about my dog Keiser, and was tickled to hear that he was still living. I went out and called him, but he failed to show up, when mother explained his absence by saying that he often went out hunting alone now, since there was none of us boys at home to hunt with him. They told me that he was no account any longer; that he had grown old and gray, and father said he was too slow on trail to be of any use. I noticed that it was a nice damp night, and if my old dog had been there, I think I'd have taken a circle around the fields in the hope of hearing him sing once more. Well, we went back into the house, and after talking awhile longer, I climbed into the loft and went to bed. I didn't sleep very sound that night, and awakened several times. About an hour before daybreak, I awoke suddenly and imagined I heard a hound baying faintly in the distance. Finally I got up and opened the board window in the gable and listened. Say, boys, I knew that hound's baying as well as I know my own saddle. It was old Keiser, and he had something treed about a mile from the house, across a ridge over in some slashes. I slipped on my clothes, crept downstairs, and taking my old man's rifle out of the rack, started to him.

"It was as dark as a stack of black cats, but I knew every path and byway by heart. I followed the fields as far as I could, and later, taking into the timber, I had to go around a long swamp. An old beaver dam had once crossed the outlet of this marsh, and once I gained it, I gave a long yell to let the dog know that some one was coming. He answered me, and quite a little while before day broke I reached him. Did he know me? Why, he knew me as easy as the little boy knew his pap. Right now, I can't remember any simple thing in my whole life that moved me just as that little reunion of me and my dog, there in those woods that morning. Why, he howled with delight. He licked my face and hands and stood up on me with his wet feet and said just as plain as he could that he was glad to see me again. And I was glad to meet him, even though he did make me feel as mellow as a girl over a baby.

"Well, when daybreak came, I shot a nice big fat Mr. Zip Coon out of an old pin-oak, and we started for home like old pardners. Old as he was, he played like a puppy around me, and when we came in sight of the house, he ran on ahead and told the folks what he had found. Yes, you bet he told them. He came near clawing all the clothing off them in his delight. That's one reason I always like a dog and a poor man—you can't question their friendship."

A circus was in progress on the other side of the wagon. From a large rock, Jake Blair was announcing the various acts and introducing the actors and actresses. Runt Pickett, wearing a skirt made out of a blanket and belted with a hobble, won the admiration of all as the only living lady lion-tamer. Resuming comfortable positions on our side of the commissary, a lad named Waterwall, one of Sponsilier's boys, took up the broken thread where Forrest's wrangler had left off.

"The greatest dog-man I ever knew," said he, "lived on the Guadalupe River. His name was Dave Hapfinger, and he had the loveliest vagabond temperament of any man I ever saw. It mattered nothing what he was doing, all you had to do was to give old Dave a hint that you knew where there was fish to be caught, or a bee-course to hunt, and he would stop the plow and go with you for a week if necessary. He loved hounds better than any man I ever knew. You couldn't confer greater favor than to give him a promising hound pup, or, seeking the same, ask for one of his raising. And he was such a good fellow. If any one was sick in the neighborhood, Uncle Dave always had time to kill them a squirrel every day; and he could make a broth for a baby, or fry a young squirrel, in a manner that would make a sick man's mouth water.

"When I was a boy, I've laid around many a camp-fire this way and listened to old Dave tell stories. He was quite a humorist in his way, and possessed a wonderful memory. He could tell you the day of the month, thirty years before, when he went to mill one time and found a peculiar bird's nest on the way. Colonel Andrews, owner of several large plantations, didn't like Dave, and threatened to prosecute him once for cutting a bee-tree on his land. If the evidence had been strong enough, I reckon the Colonel would. No doubt Uncle Dave was guilty, but mere suspicion isn't sufficient proof.

"Colonel Andrews was a haughty old fellow, blue-blooded and proud as a peacock, and about the only way Dave could get even with him was in his own mild, humorous way. One day at dinner at a neighboring log-rolling, when all danger of prosecution for cutting the bee-tree had passed, Uncle Dave told of a recent dream of his, a pure invention. 'I dreamt,' said he, 'that Colonel Andrews died and went to heaven. There was an unusually big commotion at St. Peter's gate on his arrival. A troop of angels greeted him, still the Colonel seemed displeased at his reception. But the welcoming hosts humored him forward, and on nearing the throne, the Almighty, recognizing the distinguished arrival, vacated the throne and came down to greet the Colonel personally. At this mark of appreciation, he relaxed a trifle, and when the Almighty insisted that he should take the throne seat, Colonel Andrews actually smiled for the first time on earth or in heaven.'

"Uncle Dave told this story so often that he actually believed it himself. But finally a wag friend of Colonel Andrews told of a dream which he had had about old Dave, which the latter hugely enjoyed. According to this second vagary, the old vagabond had also died and gone to heaven. There was some trouble at St. Peter's gate, as they refused to admit dogs, and Uncle Dave always had a troop of hounds at his heels. When he found that it was useless to argue the matter, he finally yielded the point and left the pack outside. Once inside the gate he stopped, bewildered at the scene before him. But after waiting inside some little time unnoticed, he turned and was on the point of asking the gate-keeper to let him out, when an angel approached and asked him to stay. There was some doubt in Dave's mind if he would like the place, but the messenger urged that he remain and at least look the city over. The old hunter goodnaturedly consented, and as they started up one of the golden streets Uncle Dave recognized an old friend who had once given him a hound pup. Excusing himself to the angel, he rushed over to his former earthly friend and greeted him with warmth and cordiality. The two old cronies talked and talked about the things below, and finally Uncle Dave asked if there was any hunting up there. The reply was disappointing.

"Meanwhile the angel kept urging Uncle Dave forward to salute the throne. But he loitered along, meeting former hunting acquaintances, and stopping with each for a social chat. When they finally neared the throne, the patience of the angel was nearly exhausted; and as old Dave looked up and saw Colonel Andrews occupying the throne, he rebelled and refused to salute, when the angel wrathfully led him back to the gate and kicked him out among his dogs."

Jack Splann told a yarn about the friendship of a pet lamb and dog which he owned when a boy. It was so unreasonable that he was interrupted on nearly every assertion. Long before he had finished, Sponsilier checked his narrative and informed him that if he insisted on doling out fiction he must have some consideration for his listeners, and at least tell it within reason. Splann stopped right there and refused to conclude his story, though no one but myself seemed to regret it. I had a true incident about a dog which I expected to tell, but the audience had become too critical, and I kept quiet. As it was evident that no more dog stories would be told, the conversation was allowed to drift at will. The recent shooting on the North Platte had been witnessed by nearly every one present, and was suggestive of other scenes.

"I have always contended," said Dorg Seay, "that the man who can control his temper always shoots the truest. You take one of these fellows that can smile and shoot at the same time—they are the boys that I want to stand in with. But speaking of losing the temper, did any of you ever see a woman real angry,—not merely cross, but the tigress in her raging and thirsting to tear you limb from limb? I did only once, but I have never forgotten the occasion. In supreme anger the only superior to this woman I ever witnessed was Captain Cartwright when he shot the slayer of his only son. He was as cool as a cucumber, as his only shot proved, but years afterward when he told me of the incident, he lost all control of himself, and fire flashed from his eyes like from the muzzle of a six-shooter. 'Dorg,' said he, unconsciously shaking me like a terrier does a rat, his blazing eyes not a foot from my face, 'Dorg, when I shot that cowardly —— — — ——, I didn't miss the centre of his forehead the width of my thumb nail.'

"But this woman defied a throng of men. Quite a few of the crowd had assisted the night before in lynching her husband, and this meeting occurred at the burying-ground the next afternoon. The woman's husband was a well-known horse-thief, a dissolute, dangerous character, and had been warned to leave the community. He lived in a little village, and after darkness the evening before, had crept up to a window and shot a man sitting at the supper-table with his family. The murderer had harbored a grudge against his victim, had made threats, and before he could escape, was caught red-handed with the freshly fired pistol in his hand. The evidence of guilt was beyond question, and a vigilance committee didn't waste any time in hanging him to the nearest tree.

"The burying took place the next afternoon. The murdered man was a popular citizen, and the village and country turned out to pay their last respects. But when the services were over, a number of us lingered behind, as it was understood that the slayer as well as his victim would be interred in the same grounds. A second grave had been prepared, and within an hour a wagon containing a woman, three small children, and several Mexicans drove up to the rear side of the inclosure. There was no mistaking the party, the coffin was carried in to the open grave, when every one present went over to offer friendly services. But as we neared the little group the woman picked up a shovel and charged on us like a tigress. I never saw such an expression of mingled anger and anguish in a human countenance as was pictured in that woman's face. We shrank from her as if she had been a lioness, and when at last she found her tongue, every word cut like a lash. Livid with rage, the spittle frothing from her mouth, she drove us away, saying:

"'Oh, you fiends of hell, when did I ask your help? Like the curs you are, you would lick up the blood of your victim! Had you been friends to me or mine, why did you not raise your voice in protest when they were strangling the life out of the father of my children? Away, you cowardly hounds! I've hired a few Mexicans to help me, and I want none of your sympathy in this hour. Was it your hand that cut him down from the tree this morning, and if it was not, why do I need you now? Is my shame not enough in your eyes but that you must taunt me further? Do my innocent children want to look upon the faces of those who robbed them of a father? If there is a spark of manhood left in one of you, show it by leaving me alone! And you other scum, never fear but that you will clutter hell in reward for last night's work. Begone, and leave me with my dead!'"

The circus had ended. The lateness of the hour was unobserved by any one until John Levering asked me if he should bring in my horse. It lacked less than half an hour until the guards should change, and it was high time our outfit was riding for camp. The innate modesty of my wrangler, in calling attention to the time, was not forgotten, but instead of permitting him to turn servant, I asked him to help our cook look after his utensils. On my return to the wagon, Parent was trying to quiet a nervous horse so as to allow him to carry the Dutch oven returning. But as Levering was in the act of handing up the heavy oven, one of Forrest's men, hoping to make the animal buck, attempted to place a briar stem under the horse's tail. Sponsilier detected the movement in time to stop it, and turning to the culprit, said: "None of that, my bully boy. I have no objection to killing a cheap cow-hand, but these cooks have won me, hands down. If ever I run across a girl who can make as good pies as we had for supper, she can win the affections of my young and trusting heart."



CHAPTER XVII. WATER-BOUND

Our route was carrying us to the eastward of the Black Hills. The regular trail to the Yellowstone and Montana points was by the way of the Powder River, through Wyoming; but as we were only grazing across to our destination, the most direct route was adopted. The first week after leaving the Niobrara was without incident, except the meeting with a band of Indians, who were gathering and drying the wild fruit in which the country abounded. At first sighting their camp we were uneasy, holding the herd close together; but as they proved friendly, we relaxed and shared our tobacco with the men. The women were nearly all of one stature, short, heavy, and repulsive in appearance, while the men were tall, splendid specimens of the aborigines, and as uniform in a dozen respects as the cattle we were driving. Communication was impossible, except by signs, but the chief had a letter of permission from the agent at Pine Ridge, allowing himself and band a month's absence from the reservation on a berrying expedition. The bucks rode with us for hours, silently absorbed in the beeves, and towards evening turned and galloped away for their encampment.

It must have been the latter part of July when we reached the South Fork of the Big Cheyenne River. The lead was first held by one and then the other herd, but on reaching that watercourse, we all found it more formidable than we expected. The stage of water was not only swimming, but where we struck it, the river had an abrupt cut-bank on one side or the other. Sponsilier happened to be in the lead, and Forrest and myself held back to await the decision of the veteran foreman. The river ran on a northwest angle where we encountered it, and Dave followed down it some distance looking for a crossing. The herds were only three or four miles apart, and assistance could have been rendered each other, but it was hardly to be expected that an older foreman would ask either advice or help from younger ones. Hence Quince and myself were in no hurry, nor did we intrude ourselves on David the pathfinder, but sought out a crossing up the river and on our course. A convenient riffle was soon found in the river which would admit the passage of the wagons without rafting, if a cut-bank on the south side could be overcome. There was an abrupt drop of about ten feet to the water level, and I argued that a wagon-way could be easily cut in the bank and the commissaries lowered to the river's edge with a rope to the rear axle. Forrest also favored the idea, and I was authorized to cross the wagons in case a suitable ford could be found for the cattle. My aversion to manual labor was quite pronounced, yet John Q. Forrest wheedled me into accepting the task of making a wagon-road. About a mile above the riffle, a dry wash cut a gash in the bluff bank on the opposite side, which promised the necessary passageway for the herds out of the river. The slope on the south side was gradual, affording an easy inlet to the water, the only danger being on the other bank, the dry wash not being over thirty feet wide. But we both agreed that by putting the cattle in well above the passageway, even if the current was swift, an easy and successful ford would result. Forrest volunteered to cross the cattle, and together we returned to the herds for dinner.

Quince allowed me one of his men besides the cook, and detailed Clay Zilligan to assist with the wagons. We took my remuda, the spades and axes, and started for the riffle. The commissaries had orders to follow up, and Forrest rode away with a supercilious air, as if the crossing of wagons was beneath the attention of a foreman of his standing. Several hours of hard work were spent with the implements at hand in cutting the wagon-way through the bank, after which my saddle horses were driven up and down; and when it was pronounced finished, it looked more like a beaver-slide than a roadway. But a strong stake was cut and driven into the ground, and a corral-rope taken from the axle to it; without detaching the teams, the wagons were eased down the incline and crossed in safety, the water not being over three feet deep in the shallows. I was elated over the ease and success of my task, when Zilligan called attention to the fact that the first herd had not yet crossed. The chosen ford was out of sight, but had the cattle been crossing, we could have easily seen them on the mesa opposite. "Well," said Clay, "the wagons are over, and what's more, all the mules in the three outfits couldn't bring one of them back up that cliff."

We mounted our horses, paying no attention to Zilligan's note of warning, and started up the river. But before we came in view of the ford, a great shouting reached our ears, and giving our horses the rowel, we rounded a bend, only to be confronted with the river full of cattle which had missed the passageway out on the farther side. A glance at the situation revealed a dangerous predicament, as the swift water and the contour of the river held the animals on the farther side or under the cut-bank. In numerous places there was footing on the narrow ledges to which the beeves clung like shipwrecked sailors, constantly crowding each other off into the current and being carried downstream hundreds of yards before again catching a foothold. Above and below the chosen ford, the river made a long gradual bend, the current and deepest water naturally hugged the opposite shore, and it was impossible for the cattle to turn back, though the swimming water was not over forty yards wide. As we dashed up, the outfit succeeded in cutting the train of cattle and turning them back, though fully five hundred were in the river, while not over one fifth that number had crossed in safety. Forrest was as cool as could be expected, and exercised an elegant command of profanity in issuing his orders.

"I did allow for the swiftness of the current," said he, in reply to a criticism of mine, "but those old beeves just drifted downstream like a lot of big tubs. The horses swam it easy, and the first hundred cattle struck the mouth of the wash square in the eye, but after that they misunderstood it for a bath instead of a ford. Oh, well, it's live and learn, die and forget it. But since you're so d—— strong on the sabe, suppose you suggest a way of getting those beeves out of the river."

It was impossible to bring them back, and the only alternative was attempted. About three quarters of a mile down the river the cut-bank shifted to the south side. If the cattle could swim that distance there was an easy landing below. The beeves belonged to Forrest's herd, and I declined the proffered leadership, but plans were outlined and we started the work of rescue. Only a few men were left to look after the main herds, the remainder of us swimming the river on our horses. One man was detailed to drive the contingent which had safely forded, down to the point where the bluff bank shifted and the incline commenced on the north shore. The cattle were clinging, in small bunches, under the cut-bank like swallows to a roof for fully a quarter-mile below the mouth of the dry wash. Divesting ourselves of all clothing, a squad of six of us, by way of experiment, dropped over the bank and pushed into the river about twenty of the lowest cattle. On catching the full force of the current, which ran like a mill-race, we swept downstream at a rapid pace, sometimes clinging to a beef's tail, but generally swimming between the cattle and the bluff. The force of the stream drove them against the bank repeatedly, but we dashed water in their eyes and pushed them off again and again, and finally landed every steer.

The Big Cheyenne was a mountain stream, having numerous tributaries heading in the Black Hills. The water was none too warm, and when we came out the air chilled us; but we scaled the bluff and raced back after more cattle. Forrest was in the river on our return, but I ordered his wrangler to drive all the horses under saddle down to the landing, in order that the men could have mounts for returning. This expedited matters, and the work progressed more rapidly. Four separate squads were drifting the cattle, but in the third contingent we cut off too many beeves and came near drowning two fine ones. The animals in question were large and strong, but had stood for nearly an hour on a slippery ledge, frequently being crowded into the water, and were on the verge of collapse from nervous exhaustion. They were trembling like leaves when we pushed them off. Runt Pickett was detailed to look especially after those two, and the little rascal nursed and toyed and played with them like a circus rider. They struggled constantly for the inshore, but Runt rode their rumps alternately, the displacement lifting their heads out of the water to good advantage. When we finally landed, the two big fellows staggered out of the river and dropped down through sheer weakness, a thing which I had never seen before except in wild horses.

A number of the boys were attacked by chills, and towards evening had to be excused for fear of cramps. By six o'clock we were reduced to two squads, with about fifty cattle still remaining in the river. Forrest and I had quit the water after the fourth trip; but Quince had a man named De Manse, a Frenchman, who swam like a wharf-rat and who stayed to the finish, while I turned my crew over to Runt Pickett. The latter was raised on the coast of Texas, and when a mere boy could swim all day, with or without occasion. Dividing the remaining beeves as near equally as possible, Runt's squad pushed off slightly in advance of De Manse, the remainder of us riding along the bank with the horses and clothing, and cheering our respective crews. The Frenchman was but a moment later in taking the water, and as pretty and thrilling a race as I ever witnessed was in progress. The latter practiced a trick, when catching a favorable current, of dipping the rump of a steer, thus lifting his fore parts and rocking him forward like a porpoise. When a beef dropped to the rear, this process was resorted to, and De Manse promised to overtake Pickett. From our position on the bank, we shouted to Runt to dip his drag cattle in swift water; but amid the din and splash of the struggling swimmers our messages failed to reach his ears. De Manse was gaining slowly, when Pickett's bunch were driven inshore, a number of them catching a footing, and before they could be again pushed off, the Frenchman's cattle were at their heels. A number of De Manse's men were swimming shoreward of their charges, and succeeded in holding their beeves off the ledge, which was the last one before the landing. The remaining hundred yards was eddy water; and though Pickett fought hard, swimming among the Frenchman's lead cattle, to hold the two bunches separate, they mixed in the river. As an evidence of victory, however, when the cattle struck a foothold, Runt and each of his men mounted a beef and rode out of the water some distance. As the steers recovered and attempted to dislodge their riders, they nimbly sprang from their backs and hustled themselves into their ragged clothing.

I breathed easier after the last cattle landed, though Forrest contended there was never any danger. At least a serious predicament had been blundered into and handled, as was shown by subsequent events. At noon that day, rumblings of thunder were heard in the Black Hills country to the west, a warning to get across the river as soon as possible. So the situation at the close of the day was not a very encouraging one to either Forrest or myself. The former had his cattle split in two bunches, while I had my wagon and remuda on the other side of the river from my herd. But the emergency must be met. I sent a messenger after our wagon, it was brought back near the river, and a hasty supper was ordered. Two of my boys were sent up to the dry wash to recross the river and drift our cattle down somewhere near the wagon-crossing, thus separating the herds for the night. I have never made claim to being overbright, but that evening I did have sense or intuition enough to take our saddle horses back across the river. My few years of trail life had taught me the importance of keeping in close touch with our base of subsistence, while the cattle and the saddle stock for handling them should under no circumstances ever be separated. Yet under existing conditions it was impossible to recross our commissary, and darkness fell upon us encamped on the south side of the Big Cheyenne.

The night passed with almost constant thunder and lightning in the west. At daybreak heavy dark clouds hung low in a semicircle all around the northwest, threatening falling weather, and hasty preparations were made to move down the stream in search of a crossing. In fording the river to breakfast, my outfit agreed that there had been no perceptible change in the stage of water overnight, which quickened our desire to move at once. The two wagons were camped close together, and as usual Forrest was indifferent and unconcerned over the threatening weather; he had left his remuda all night on the north side of the river, and had actually turned loose the rescued contingent of cattle. I did not mince my words in giving Mr. Forrest my programme, when he turned on me, saying: "Quirk, you have more trouble than a married woman. What do I care if it is raining in London or the Black Hills either? Let her rain; our sugar and salt are both covered, and we can lend you some if yours gets wet. But you go right ahead and follow up Sponsilier; he may not find a crossing this side of the Belle Fourche. I can take spades and axes, and in two hours' time cut down and widen that wagon-way until the herds can cross. I wouldn't be as fidgety as you are for a large farm. You ought to take something for your nerves."

I had a mental picture of John Quincy Forrest doing any manual labor with an axe or spade. During our short acquaintance that had been put to the test too often to admit of question; but I encouraged him to fly right at the bank, assuring him that in case his tools became heated, there was always water at hand to cool them. The wrangler had rustled in the wagon-mules for our cook, and Forrest was still ridiculing my anxiety to move, when a fusillade of shots was heard across and up the river. Every man at both wagons was on his feet in an instant, not one of us even dreaming that the firing of the boys on herd was a warning, when Quince's horsewrangler galloped up and announced a flood-wave coming down the river. A rush was made for our horses, and we struck for the ford, dashing through the shallows and up the farther bank without drawing rein. With a steady rush, a body of water, less than a mile distant, greeted our vision, looking like the falls of some river, rolling forward like an immense cylinder. We sat our horses in bewilderment of the scene, though I had often heard Jim Flood describe the sudden rise of streams which had mountain tributaries. Forrest and his men crossed behind us, leaving but the cooks and a horse-wrangler on the farther side. It was easily to be seen that all the lowlands along the river would be inundated, so I sent Levering back with orders to hook up the team and strike for tall timber. Following suit, Forrest sent two men to rout the contingent of cattle out of a bend which was nearly a mile below the wagons. The wave, apparently ten to twelve feet high, moved forward slowly, great walls lopping off on the side and flooding out over the bottoms, while on the farther shore every cranny and arroyo claimed its fill from the avalanche of water. The cattle on the south side were safe, grazing well back on the uplands, so we gave the oncoming flood our undivided attention. It was traveling at the rate of eight to ten miles an hour, not at a steady pace, but sometimes almost halting when the bottoms absorbed its volume, only to catch its breath and forge ahead again in angry impetuosity. As the water passed us on the bluff bank, several waves broke over and washed around our horses' feet, filling the wagon-way, but the main volume rolled across the narrow valley on the opposite side. The wagons had pulled out to higher ground, and while every eye was strained, watching for the rescued beeves to come out of the bend below, Vick Wolf, who happened to look upstream, uttered a single shout of warning and dashed away. Turning in our saddles, we saw within five hundred feet of us a second wave about half the height of the first one. Rowels and quirts were plied with energy and will, as we tore down the river-bank, making a gradual circle until the second bottoms were reached, outriding the flood by a close margin.

The situation was anything but encouraging, as days might elapse before the water would fall. But our hopes revived as we saw the contingent of about six hundred beeves stampede out of a bend below and across the river, followed by two men who were energetically burning powder and flaunting slickers in their rear. Within a quarter of an hour, a halfmile of roaring, raging torrent, filled with floating driftwood, separated us from the wagons which contained the staples of life. But in the midst of the travail of mountain and plain, the dry humor of the men was irrepressible, one of Forrest's own boys asking him if he felt any uneasiness now about his salt and sugar.

"Oh, this is nothing," replied Quince, with a contemptuous wave of his hand. "These freshets are liable to happen at any time; rise in an hour and fall in half a day. Look there how it is clearing off in the west; the river will be fordable this evening or in the morning at the furthest. As long as everything is safe, what do we care? If it comes to a pinch, we have plenty of stray beef; berries are ripe, and I reckon if we cast around we might find some wild onions. I have lived a whole month at a time on nothing but land-terrapin; they make larruping fine eating when you are cut off from camp this way. Blankets? Never use them; sleep on your belly and cover with your back, and get up with the birds in the morning. These Lovell outfits are getting so tony that by another year or two they'll insist on bathtubs, Florida water, and towels with every wagon. I like to get down to straight beans for a few days every once in a while; it has a tendency to cure a man with a whining disposition. The only thing that's worrying me, if we get cut off, is the laugh that Sponsilier will have on us."

We all knew Forrest was bluffing. The fact that we were water-bound was too apparent to admit of question, and since the elements were beyond our control, there was no telling when relief would come. Until the weather moderated in the hills to the west, there was no hope of crossing the river; but men grew hungry and nights were chilly, and bluster and bravado brought neither food nor warmth. A third wave was noticed within an hour, raising the water-gauge over a foot. The South Fork of the Big Cheyenne almost encircled the entire Black Hills country, and with a hundred mountain affluents emptying in their tribute, the waters commanded and we obeyed. Ordering my men to kill a beef, I rode down the river in the hope of finding Sponsilier on our side, and about noon sighted his camp and cattle on the opposite bank. A group of men were dallying along the shore, but being out of hearing, I turned back without exposing myself.

On my return a general camp had been established at the nearest wood, and a stray killed. Stakes were driven to mark the rise or fall of the water, and we settled down like prisoners, waiting for an expected reprieve. Towards evening a fire was built up and the two sides of ribs were spitted over it, our only chance for supper. Night fell with no perceptible change in the situation, the weather remaining dry and clear. Forrest's outfit had been furnished horses from my remuda for guard duty, and about midnight, wrapping ourselves in slickers, we lay down in a circle with our feet to the fire like cave-dwellers. The camp-fire was kept up all night by the returning guards, even until the morning hours, when we woke up shivering at dawn and hurried away to note the stage of the water. A four-foot fall had taken place during the night, another foot was added within an hour after sun-up, brightening our hopes, when a tidal wave swept down the valley, easily establishing a new high-water mark. Then we breakfasted on broiled beefsteak, and fell back into the hills in search of the huckleberry, which abounded in that vicinity.

A second day and night passed, with the water gradually falling. The third morning a few of the best swimmers, tiring of the diet of beef and berries, took advantage of the current and swam to the other shore. On returning several hours later, they brought back word that Sponsilier had been up to the wagons the afternoon before and reported an easy crossing about five miles below. By noon the channel had narrowed to one hundred yards of swimming water, and plunging into it on our horses, we dined at the wagons and did justice to the spread. Both outfits were anxious to move, and once dinner was over, the commissaries were started down the river, while we turned up it, looking for a chance to swim back to the cattle. Forrest had secured a fresh mount of horses, and some distance above the dry wash we again took to the water, landing on the opposite side between a quarter and half mile below. Little time was lost in starting the herds, mine in the lead, while the wagons got away well in advance, accompanied by Forrest's remuda and the isolated contingent of cattle.

Sponsilier was expecting us, and on the appearance of our wagons, moved out to a new camp and gave us a clear crossing. A number of the boys came down to the river with him, and several of them swam it, meeting the cattle a mile above and piloting us into the ford. They had assured me that there might be seventy-five yards of swimming water, with a gradual entrance to the channel and a half-mile of solid footing at the outcome. The description of the crossing suited me, and putting our remuda in the lead, we struck the muddy torrent and crossed it without a halt, the chain of swimming cattle never breaking for a single moment. Forrest followed in our wake, the one herd piloting the other, and within an hour after our arrival at the lower ford, the drag-end of the "Drooping T" herd kicked up their heels on the north bank of the Big Cheyenne. Meanwhile Sponsilier had been quietly sitting his horse below the main landing, his hat pulled down over his eye, nursing the humor of the situation. As Forrest came up out of the water with the rear guard of his cattle, the opportunity was too good to be overlooked.

"Hello, Quince," said Dave; "how goes it, old sport? Do you keep stout? I was up at your wagon yesterday to ask you all down to supper. Yes, we had huckleberry pie and venison galore, but your men told me that you had quit eating with the wagon. I was pained to hear that you and Tom have both gone plum hog-wild, drinking out of cowtracks and living on wild garlic and land-terrapin, just like Injuns. Honest, boys, I hate to see good men go wrong that way."



CHAPTER XVIII. THE LITTLE MISSOURI

A week later we crossed the Belle Fourche, sometimes called the North Fork of the Big Cheyenne. Like its twin sister on the south, it was a mountain river, having numerous affluents putting in from the Black Hills, which it encircled on the north and west. Between these two branches of the mother stream were numerous tributaries, establishing it as the best watered country encountered in our long overland cruise. Besides the splendid watercourses which marked that section, numerous wagontrails, leading into the hills, were peopled with freighters. Long ox trains, moving at a snail's pace, crept over hill and plain, the common carrier between the mines and the outside world. The fascination of the primal land was there; the buttes stood like sentinels, guarding a king's domain, while the palisaded cliffs frowned down, as if erected by the hand Omnipotent to mark the boundary of nations.

Our route, after skirting the Black Hills, followed up the Belle Fourche a few days, and early in August we crossed over to the Little Missouri River. The divide between the Belle Fourche and the latter stream was a narrow one, requiring little time to graze across it, and intercepting the Little Missouri somewhere in Montana. The course of that river was almost due north, and crossing and recrossing it frequently, we kept constantly in touch with it on our last northward tack. The river led through sections of country now known as the Bad Lands, but we found an abundance of grass and an easy passage. Sponsilier held the lead all the way down the river, though I did most of the advance scouting, sometimes being as much as fifty miles in front of the herds. Near the last of the month we sighted Sentinel Butte and the smoke of railroad trains, and a few days later all three of us foremen rode into Little Missouri Station of the Northern Pacific Railway. Our arrival was expected by one man at least; for as we approached the straggling village, our employer was recognized at a distance, waving his hat, and a minute later all three of us were shaking hands with Don Lovell. Mutual inquiries followed, and when we reported the cattle fine as silk, having never known a hungry or thirsty hour after leaving the North Platte, the old man brightened and led the way to a well-known saloon.

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