“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.”
