“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.”