With Hoops of Steel

“Oh, I’m not afraid of the trial, if there should be one. But I don’t think there’ll be any. I’m not going to submit to arrest, trial, or anything else, until they can prove that Will Whittaker’s dead, and they can’t do that. I told Wellesly that I would let them arrest me whenever they can prove that Will Whittaker died with his boots on, and I’ll stick to my word. I’ll come back from anywhere this side of hell for my trial whenever they can prove it, and you can tell ’em so, Judge. But I’m tired of this country and done with it, and I mean to pull my freight to-morrow.”

“If you want to start from Plumas you’d better ride over with me,” said Harlin, “and you’d better go prepared for trouble, for the Republicans won’t let you leave the country if they can help it.”

“All right. They can have all the trouble they want.”

“You bet they can! All they want, and a whole heap more than they’ll want when it comes!” exclaimed Nick.

“That’s what’s the matter! We’ll see that they get it!” added Tom.

The next morning they stowed the gold nuggets under the seat of Judge Harlin’s buggy, in which rode Mead and Harlin, with rifles and revolvers. Tuttle and Ellhorn rode on horseback, each with a revolver in his holster and a rifle slung beside him.

Tom Tuttle was much disturbed because he alone knew the secret reason for Emerson Mead’s abrupt departure. He thought Nick ought to know it, too, but he could not persuade himself that it would be the square thing for him to tell it to Ellhorn. “Nick ought to know it,” he said to himself, “or he’ll sure go doin’ some fool thing, thinkin’ Emerson’s goin’ away on account of the Whittaker business, but I reckon Emerson don’t want me to leak anything he told me yesterday. No, I sure reckon Emerson would say he didn’t want me to go gabblin’ that to anybody. But Nick, he’s got to know it.”

After a time he chanced to recall the gossip about Miss Delarue and Wellesly, which Judge Harlin had told him, and decided that he was relieved from secrecy on that point. Still, he felt self-conscious and as if he were rubbing very near to Emerson’s secret when he rode beside Ellhorn and exclaimed:

“Say, Nick, did Judge Harlin tell you that Wellesly and Frenchy Delarue’s daughter are going to be married next fall?”

“The hell they are! Say, he’s in luck, a whole heap better than he deserves!” Then a light broke over Nick’s face, as he shot a glance at the carriage behind them. He slapped his thigh and exclaimed: “Jerusalem! Tom, that’s why Emerson is pullin’ his freight!”

At the moment, Tom felt guilty, as if he had betrayed a confidence, and he merely said, “Maybe it is.”

“I might have known Nick would see through it in a minute,” he said to himself afterward. “Well, I reckon it’s all right. He knows now, and he’d sure have heard that they are going to be married, anyway.”

CHAPTER XVIII

The four men stayed at Muletown that night and drove across the hot, dry levels of the Fernandez plain in the early morning. In the foothills of the Hermosa mountains there was a little place called Agua Fria – Cold Water. It was a short distance off the main road, but travelers across the plain frequently went thither to refresh themselves and their beasts with the cool waters which it furnished. It was only a small Mexican ranch, irrigated by a bountiful flow of water from a never failing spring. Cottonwood trees surrounded the house, and around the spring grew a little peach orchard. The ruins of a mining camp, long since deserted, could be seen on the hill above.

Emerson Mead and his companions turned aside into the road leading to the Agua Fria ranch and drew rein in the shade of the peach trees. A woman was washing clothes beside the spring and a man came from a near-by field where he was at work. They chatted with the couple while the horses were allowed to rest in the shade. Presently Tuttle and Ellhorn remounted and started slowly back, leaving Mead and Harlin in the buggy, ready to go, but exchanging some last words with the Mexican. The road curved below the house, through the trees, and as Tuttle and Ellhorn came out on the other side they saw a party of horsemen approaching from the main road. At once they recognized John Daniels and Jim Halliday, who were riding in the front. Behind them came half a dozen others, and in the rear of the company they saw Colonel Whittaker with some pack horses. Tom and Nick drew back into the cover of the trees and conferred a moment over the probable intentions of the party.

“They are all armed,” said Tom. “Six-shooters and Winchesters on every one.”

“I’ll bet they’re after Emerson, Tommy,” Nick exclaimed. “They want trouble, and I reckon we’d better begin to give it to ’em right now.”

They drew their rifles from beside their saddles, for the men were still too far away for the use of revolvers. Then Tom looked at Nick doubtfully.

“Nick, what do you-all think would be Emerson’s judgment? You know he always wants the other side to begin the fight.”

“My judgment is that the sooner this fight is begun the better. Them fellows are out here lookin’ for trouble, and I say, if a man wants trouble, Lord! let him have it!”

He raised his rifle to his shoulder and sent a bullet singing down the road, saying to Tom as he fired: “This is just to let ’em know we’re here.”

The bullet creased the neck of Halliday’s horse, which reared and plunged with sudden fright. The whole party checked their horses in surprise and looked intently toward the clump of cottonwoods from which the shot had come. Tom raised his gun to his shoulder, saying, “You’ve started the fun, Nick, so here goes,” and he sent a rifle ball whizzing past Daniels’ ear. Harlin and Mead dashed around the house in the buggy, jumped out, and tied their horses in the rear of the trees. Tuttle and Ellhorn dismounted and dropped their bridles.

The approaching party paused for a moment in a close group and held an excited conference. Then they separated and, drawing their guns from the saddle scabbards, sent a volley into the grove. Four rifle bullets made quick answer and set their horses to rearing. It was some time before the beasts could be made quiet enough for the shots to be returned, and in the meantime bullets were pattering all about them. Colonel Whittaker stopped far in the rear with the pack horses, beyond the reach of the rifle balls, and the others made a sudden dash forward. Checking their horses, they fired a concerted volley into the trees. One of the bullets scorched the band of Tom’s hat.

“Nick,” said Tom, “that was Daniels fired that shot. He’s gettin’ too impudent. You take care of him while I clean my gun. Don’t you let him get any closer, but don’t hurt him, for he’s my meat.”

He went down on the ground cross-legged and swabbed his gun-barrel while the bullets pattered on the ground about him and thudded into the trees and ploughed up the dirt at his feet. Nick bent his rifle on the sheriff and sent a bullet through his hat brim and another through his horse’s ear, and bit his bridle with one and tore his trouser leg with another. One dropped and stung on the beast’s fetlock as Tom sprang to his feet exclaiming, “Now I’ll get him!”

Daniels first checked his horse, and then lost control of it as the bridle broke, and when the bullet struck its fetlock it wheeled and went flying to the rear. The sheriff felt a tingle in his left arm, and, maddened, he seized the severed parts of his bridle and forced the horse to face about. Then he bent forward, apparently taking careful aim at one of the figures beneath the trees, but before he could fire, his horse reared and plunged and went down in a heap beneath him.

In the meantime, Nick, Emerson, and Judge Harlin were exchanging rapid shots with the rest of the sheriff’s party. Those of the latter went rather wild, because their frightened horses made it impossible for them to take careful aim. And also by reason of the constant dancing about of the beasts, the accurate markmanship of the men under the trees was not of much avail. Nick found that his magazine was empty and called out:

“Tom, give me some of your hulls! I used up all mine keepin’ your darned sheriff back. Gimme some hulls quick!”

He dropped a handful of cartridges into the magazine and raised his rifle with the remark, “Now see ’em scatter!”

The sharp, crashing din of the Winchesters kept steadily on. One of the Daniels party fell over on his horse’s neck, and two of their animals became unmanageable. Daniels had knelt behind his fallen horse and across its body he was taking careful aim. Tom felt a bullet graze his cheek, and saw whence it had come. “I’ll put a stop to that,” he exclaimed, and in another moment the sheriff tumbled over with a bullet in his shoulder. Mead felt a sharp pain in one side, and knew that hot lead had kissed his flesh. It was the first wound he had ever received. With a scream of pain a horse fell, struggling, beneath its rider. From one man’s hands the rifle dropped and his right arm hung helpless by his side. Another horseman swayed in his saddle and fell to the ground, and his horse galloped to the rear, dragging the man part of the way with his foot in the stirrup.

Still the remnant of horsemen held their own against the steady rain of bullets from the trees. Presently a flesh wound made Halliday’s horse unmanageable and it bolted straight for the grove. The four men paused with fingers on triggers, looking at him in wonder.

“Who would have thought he had the sand to do that!” Mead exclaimed.

Suddenly his horse turned and flew toward the rear. “Whoo-oo-oo-ee!” came a derisive shout from the grove, followed by a volley of bullets. The other horsemen took advantage of the diverted firing, and made a dash forward, dropping their rifles across their saddles and using their revolvers. It was evident that they hoped, by this sudden charge, to dislodge the enemy and force a retreat.

“Out and at ’em, boys,” yelled Nick. “Whoo-oo-oo-ee!” And the four men rushed from under cover of the trees, rifles in hand, straight toward the approaching horsemen.

Dropping on one knee and firing, then rising and running forward a few steps, and dropping and firing again, they dashed toward the enemy. Surprised and confused by this sudden move, the horsemen halted, irresolute, then turned and fled down the road.

“Buffaloed!” yelled Mead.

“After ’em, boys!” shouted Judge Harlin. And the four started on the run after the retreating enemy.

“Chase ’em to Plumas!” yelled Nick.

“And learn ’em to let us alone after this!” bellowed Tom, in a voice that reached the ears of the flying party, above the muffled roar of their horses’ hoofs.

Halliday had got his horse under control again by the time he reached the place where Colonel Whittaker stood guard, beside the pack horses, and after a few hasty words with Whittaker he started back. When he saw the rout of his party he pulled a handkerchief from his pocket and waving it aloft he came galloping on.

“Look at that, will you!” yelled Nick. “They want to surrender!”

“I reckon they want to have a conference,” said Judge Harlin.

The four men halted and stood with their guns in their hands, waiting Halliday’s approach.

“Emerson,” he called, “do you stick to what you told Mr. Wellesly?”

“What do you mean?”

“That you’d submit to arrest when we could prove that Will Whittaker died by violence.”

“Certainly, I do.”

“Then hand over your guns, for we’ve got his body!”

“Let me see it first. If I can recognize it I’ll keep my word.”

“It’s back there where his father is.”

“Well, bring it here.”

“Will you keep the truce?”

“Yes, if you do.”

Halliday galloped down the road again, and presently returned with Colonel Whittaker. Between them was one of the pack horses with something lashed to its back. They walked their horses to the spot where the four men stood, untied the pack, spread a blanket on the ground, and laid on it the ghastly, mangled remains of what had once been a man’s body.

“We found it in the White Sands,” Halliday explained. “It had been buried nearly at the top of the ridge and the coyotes had dug it out and this is all they had left. But his father here, and every one of us, have identified it.”

Mead and his friends looked the body over carefully. The face had been gnawed by coyotes and picked by buzzards until not a recognizable feature was left. The shining white teeth glared from a lipless mouth. Closely cropped black hair still covered the head. On one hand was a plain gold ring set with a large turquoise.

“You must remember that ring,” said the father. Mead nodded. Colonel Whittaker slipped it from the finger, dried and burned by the sun, and showed the four men the initials, “W. W.,” on the inside. The clothing was badly tattered and much of it had been torn away. Part of a pongee silk shirt still hung on the body. On the inside of the collar were the young man’s initials worked in red silk. “His mother did that,” said Colonel Whittaker. Around the neck was a dark-colored scarf, and in it was an odd, noticeable pin, a gold nugget of curious shape. The four men had all seen Will Whittaker wear it many times. A ragged remnant of a coat hung on the mangled body. In the breast pocket Colonel Whittaker showed them some letters and a small memorandum book. From the book had been torn some leaves and all the remaining pages were blank. But on the inside of the leather cover the name, “Will Whittaker,” had been printed in heavy black letters. Rain and sun had almost obliterated the addresses on the two envelopes in the pocket, but enough of the letters could still be made out to show what the words had probably been.

Halliday turned the body over and showed them three bullet holes in the back, in the left shoulder blade. They were so close together that their ragged edges touched one another, and a silver dollar would have covered all of them. Apparently, the man had been shot at close range and the bullets had gone through to the heart.

Mead finished his inspection of the body and turned to Halliday. All the rest of the party had come up and dismounted and were standing beside their horses around the grisly, mangled thing and the four men who were examining it. Several of the men were wounded and blood was dripping over their clothing. A red mark across Tuttle’s cheek showed how narrow had been his escape, and a bloody stain on Mead’s shirt told the story of a flesh wound.

“Jim,” Mead began, and then paused, looking Halliday squarely in the eyes, while his own friends and the sheriff’s party edged closer, all listening breathlessly. None of them had any idea what he was going to say, whether it would be surrender, or defiance and a declaration of continued war. Nick and Tom exchanged glances and cocked their revolvers, which they held down beside their legs. “Jim,” Mead went on, “I acknowledge nothing about this body except that, as far as I can see, it seems to be the body of Will Whittaker and he seems to have died from these pistol shots. But I reckon it calls, merely on the face of it, mind, for me to make good the word I gave to Wellesly. Here are my guns.”

He handed his rifle to Halliday, unfastened his cartridge belt and passed that and his revolver to the deputy sheriff. Among the Whittaker party there were some glances of surprise, but more nods of congratulation. Nick and Tom looked at each other in indignant dismay. Tom’s eyes were full of tears and his lips were twitching. “What did he want to do that for?” he whispered to Nick. “We had ’em sure buffaloed and on the run, and now he’s plum’ spoiled the whole thing!”

“I reckon it was the best thing you could do, Emerson,” said Judge Harlin, “but I’m sorry you had to do it.”

Mead saw Daniels in the crowd around the body. “Hello, John,” he called, “I thought we tipped you over just now. Hurt much?”

“No, not much. Only a scratch on the shoulder.”

The entire party went around to the spring and bathed one another’s wounds, and the Mexican woman tore her sheets into strips and made bandages for them. No one had been killed, but there were a number of flesh wounds and some broken bones. They hired horses of the Mexican to take the place of those that had been killed and then started for Las Plumas, Mead riding between Daniels and Halliday. Judge Harlin, with Nick and Tom, followed some distance in the rear.

Tom looked after them, as they rode away, with angry eyes. His huge chest was heaving with sobs he could scarcely control. “Damn their souls,” he exclaimed fiercely to Nick, “if Emerson wasn’t among them I’d open on ’em right now.”

“How we could buffalo ’em,” assented Nick.

“It was a damned shame,” Tuttle went on indignantly, “for Emerson to give up that way. We could have cleaned ’em all out and got rid of ’em for good, if he hadn’t given up. We’ll never get such a chance again, and the Lord knows what will happen to Emerson now!” And Tom bent his huge frame over his gun and bowed his head on his hands, while a great sob convulsed his big bulk from head to foot. He and Judge Harlin argued the question all the way to Las Plumas, and the judge well-nigh exhausted his knowledge of law and his ingenuity in argument in the effort to convince his companion that Emerson Mead had done the best thing possible for him to do. But the last thing Tom said as they drew up in front of Judge Harlin’s office was:

“Well, it was a grand chance to clean out Emerson’s enemies, for good and all, and make an end of ’em, so that he could live here in peace. It was plumb ridiculous not to do it.”

CHAPTER XIX

The grand jury sat upon the Whittaker case and returned a true bill against Emerson Mead, indicting him for the murder of Will Whittaker. Mead was confined in the jail at Las Plumas to await his trial, which would not take place until the following autumn. The finding of Will Whittaker’s body convinced many who had formerly believed in his innocence that Mead was guilty. Everybody knew that his usual practice in shooting was to fire three quick shots, so rapidly that the three explosions were almost a continuous sound, pause an instant, and then, if necessary, fire three more in the same way. The three bullets were pretty sure to go where he meant they should, and if he wished he could put them so close together that the ragged edges of the holes touched one another, as did those in the back of Whittaker’s corpse. It was the number and character of those bullet holes that made many of Mead’s friends believe that he was guilty of the murder. “Nobody but Emerson could have put those bullets in like that,” they said to themselves, although publicly the Democrats all loudly and persistently insisted that he was innocent.

In the constant debate over the matter which followed the finding of the body the Democrats contended that the two men who had held Thomson Tuttle captive all night near the White Sands must have been the murderers. And it was on them and their mysterious conduct that Judge Harlin rested his only hope for his client. The lawyer did not believe they had Whittaker’s body in their wagon, although he intended to try to make the jury think so. Privately he believed that Mead was guilty, but he admitted this to no one, and in his talks with Mead he constantly assumed that his client was innocent. He had never asked Mead to tell him whether or not he had committed the murder.

Nick Ellhorn and Tom Tuttle lingered about Las Plumas for a short time, sending their gold to the mint, and trying to contrive some scheme by which Emerson Mead could be forced into liberty. Each of them felt it a keen personal injury that their friend was in jail, and they were ready to forego everything else if they could induce him to break his promise and with them make a wild dash for freedom. But he would listen to none of their plans and told them, over and over, that he had given his word and proposed to keep it.

“Of course,” he said, “when I made that promise to Wellesly I didn’t suppose they would find Will’s body. But they did, and I mean to keep my promise. I gave my word for you-all too, and I don’t want you to make any fool breaks that will cause people to think I’m trying to skip.”

Finally they gave up their plans and Tom returned to his duties with Marshal Black at Santa Fe and Nick went out to Mead’s ranch to keep things in order there.

Ellhorn returned to Las Plumas for his own trial, the result of which was that he was found guilty of assault and battery upon the Chinese and fined five hundred dollars. The moment sentence was pronounced upon him he strode to the judge’s desk and laid down his check for the amount of his fine. Then he straightened up, thrust his hands in his pockets, and exclaimed:

“Now, I want that pig tail!”

“You are fined five dollars for contempt of court,” said the judge, frowning at the tall Texan, who looked very much in earnest.

“All right, Judge! Here you are!” said Nick cheerfully, as he put a gold piece down beside the check. “Now, I want that Chiny pig tail! It’s mine! I’ve paid big for it! It’s cost me five hundred and five dollars, and no end of trouble, and it belongs to me.”

“You are fined ten dollars for contempt of court,” the judge said severely, biting his lips behind his whiskers.

“Here you are, Judge!” and Nick spun a ten-dollar gold piece on the desk. “I want that scalp as a memento of this affair, and to remind me not to mix my drinks again. I’ve paid for it, a whole heap more’n it’s worth, and I demand my property!” And Nick brought his fist down on the judge’s desk with a bang that made the gold coins rattle.

“Mr. Sheriff, remove this man!” ordered the Judge, and John Daniels stepped forward to seize his arm. Ellhorn leaped to one side, exclaiming, “I’ll not go till I get my property!” He thrust his hand into the accustomed place for his revolver, and with a look of surprise and chagrin on his face stood meekly before the sheriff.

“A man can’t get his rights unless he has a gun, even in a court,” he growled, as he submitted to be led out. At the door he looked back and called to the judge:

“That scalp’s mine, and I mean to have what I’ve paid for, if I have to sue your blamed old court till the day o’ judgment!” And he went at once and filed a suit against the district attorney for the recovery of the queue.

Marguerite Delarue kept on with her quiet life through the summer, caring for little Paul and attending to her father’s house. She did not see Emerson Mead again after the day when, with her little white sunbonnet pulled over her disordered hair, she helped her baby brother to mount his horse. Long before the summer was over she decided that he cared nothing for her and that she must no longer feel more interest in him than she did in any other casual acquaintance. But sometimes she wakened suddenly, or started at her work, seeming to feel the intent gaze of a pair of brown eyes. Then she would blush, cry a little, and scold herself severely.

It was late in the summer when Albert Wellesly made his next visit to Las Plumas. He had decided to buy a partly abandoned gold mine in the Hermosa mountains, and he explained to Marguerite Delarue, as he sat on her veranda the afternoon of his arrival, that he was making a hurried visit to Las Plumas in order to give it a thorough examination. And then he added in a lower tone and with a meaning look in his eyes, that that was not the only reason for the trip. She blushed with pleasure at this, and he felt well enough satisfied not to go any farther just then.

He came to see her again after he returned from the mine. It was Sunday afternoon, and they sat together on the veranda, behind the rose and honeysuckle vines, with Marguerite’s tea table between them. He told her about his trip to the mine and what he thought of its condition and deferentially asked her advice in some small matters that had an ethical as well as a commercial bearing. She listened with much pleasure and her blue eyes shone with the gratification that filled her heart, for never before had a man, fighting his battles with the world, turned aside to ask her whether or not he was doing right. Then he told her how much he valued her judgment upon such matters and how much he admired and reverenced the pure, high standard of her life. His tones grew more lover-like as he said it would mean far more to him than he could express if he might hope that her sweet influence would some day come intimately into his own life. Then he paused and looked at her lowered eyelids, bent head and burning cheeks. But she said nothing, sitting as still as one dead, save for her heaving breast. After a moment he went on, saying that he cared more for her than for any other woman he had ever known, and that if she did not love him then, he would be willing to wait many years to win her love, and make her his wife. Still she did not speak, and he laid one hand on hers, where it rested on the table, and whispered softly, “Marguerite, do you love me?” With that she lifted her head, and the troubled, appealing look in her eyes smote his heart into a brighter flame. He pressed her hand in a closer grasp and exclaimed, “Marguerite, dearest, say that you love me!”