CHAPTER XIII
The next morning after his arrest Nick Ellhorn was released on bail.He came out thoroughly sobered, and when he learned what had been theresult of his drunken trick his vocabulary of abusive epithets ran dryin his effort to characterize his conduct.
"How did you happen to get drunk, Nick?" Judge Harlin asked. "Ithought you had quit. What did you do it for?"
"Sure, and what did I do it for?" said Nick, and the strong Irishaccent in his speech told how deeply he felt his misdeed. For he wasalways most Irish when most moved. "I reckon," he went on, and therolling intonation fell from his tongue like a faint breath from thegreen isle itself, "I reckon I did it just to show my friends what ameasly, coyote, white-livered, tackey, ornery, spavined, colicky,mangy, blitherin' sort of a beast I am. Sure, now, Judge, I justwanted everybody to know what a gee-whillikined damn fool I can be ifI try. And they know, now. Oh, yes, they know. There's nothin' more Ican tell. Hold on, Judge! Sure, and I'm thinkin' it all came along ofthe way I mixed my drinks yesterday when I first struck the Palmleaf.I had beer, and whisky, and some mint juleps, yes, and maybe acocktail, and I think there was some more beer--yes, there was morebeer, and I think likely that I had some brandy up there in that sickman's room. For I seem to remember that I took a drink of brandybecause it was goin' to kill him if he drank it, and so I took it inhis place. Yes, I must have had some brandy, sure, because nothin' butbrandy will set me up that way. Now, just look at that, Judge! Ain'tthat a fine lay-out for a man to swallow that knows better? If I'dnever been inside a saloon before there'd be some excuse. But mea-mixin' my drinks like that! It's plumb ridiculous!"
"Jim Halliday isn't sorry you did it. He's as proud as a boy with hisfirst pants over the haul he made yesterday. I hear he's going to bemeasured for a brand-new, tailor-made cartridge belt and six-shooteras a memento of the occasion."
"He'd better hurry up, then, before the occasion turns a backsomersault on him. I reckon what he needs most is a new hat that willbe about six sizes too big for him a week from now. Jim Halliday's allright as long as he keeps to his own side of the street, but he'dbetter not come over here or he'll be filled so full of bullets thathe won't know himself from a dice box. Say, Judge, what's become ofthat John Chiny's pigtail they say I cut off?"
"I suppose it's in the hands of the district attorney and will bebrought in as part of the evidence when your case is tried."
"Harry Gillam's got it, has he? Well, I want it myself. It's mine, andI want it as a reminder not to mix my drinks. What had I better doabout this business, Judge?"
"There's only one thing you can do, Nick--plead guilty and throwyourself on the mercy of the court, and trust to your confounded Irishluck to get you off easy."
Nick Ellhorn sent a telegram to Thomson Tuttle to return as quickly aspossible and then attended to the shipment of Emerson Mead's cattle.When he appeared on Main street again in the afternoon he found thetown dividing itself into two hostile camps. The Palmleaf and theWhite Horse saloons were, respectively, the headquarters of the twofactions, and men were dropping their work and leaving their shops andoffices to join the excited crowds that filled the two saloons andgathered in groups on the sidewalks. On the west side of Main streetthe general temper was pleased, exultant, and inclined to jeer at theother side whenever a Republican met a Democrat. On the east side,anger and the determination to get even, shone in men's eyes andsounded in their talk.
In the afternoon news came that the territorial district court haddecided in favor of the Democrats a controversy over the sheriff'soffice that had been going on ever since the election the previousautumn, when on the face of the returns the Republican candidate,John Daniels, had been declared elected. The Democrats had cried"fraud," and carried the case into the courts, where it had ever sincebeen crawling slowly along, while Daniels held the office. Theelection had been so hotly contested that each side had counted morevotes than had been registered. But each had felt so confident that itcould cover up its own misdeeds and hide behind its execration ofthose of its enemy that neither had had any doubt about the outcome.
The news of the decision embittered the quarrel which had been openedby the arrest of Emerson Mead. There were threats of armed resistanceif the Democrats should attempt to take the office, and both JohnDaniels and Joe Davis, who had been the Democratic candidate, wentabout heavily armed and attended by armed friends as bodyguards, lestsudden death at the mouth of a smoking gun should end the dispute.
Toward night the angry talk and the buzzing rumors again centeredabout Emerson Mead. It began to be said on the west side of the streetthat this whole controversy over the sheriff's office had been workedup by Mead and his friends in order that they might get his party intopower and, under its protection, harass the cattle company and byarrests and murders ruin their business and take their stock. As thetalk whizzed and buzzed along the street men grew more and morereckless and angry in their assertions. They lashed themselves into astate in which they really believed, for the time being, that Mead'scontinued existence would be a peril to themselves and a danger to thecommunity. Suggestions of lynching were hazarded and quickly taken upand discussed. There were many who thought this the best thing thatcould be done, and a little group of these got together in the coolestcorner of the White Horse saloon and formed themselves into a secretvigilance committee. News of these things came by way of the back doorinto Judge Harlin's office. He took the lead on the Democratic side ofthe street and organized a party of twelve of their bravest men andbest shots to guard the jail during the night and resist any attemptto take out Emerson Mead. He was careful also to see that news of whathe was doing was carried to the leaders on the other side. Late in theevening he and Ellhorn and the rest of their party posted themselvesin dark corners and convenient hiding-places in the neighborhood ofthe jail. An hour or more passed and there was no sign that thevigilance committee had survived the fervors of the afternoon. FinallyNick Ellhorn began to suspect what had happened and he called JudgeHarlin to account.
"I call it downright mean, Judge," he complained, "to bring us fellowsout here in the hope of havin' a scrimmage and then send the otherside word we're here, so they'll be sure not to come! You'll berunnin' on their ticket next thing we know! Now that we are out hereand all ready for business, and nothin' to do, we'd better justslam-bang ourselves against that jail over there and get Emerson out."
Judge Harlin, Ellhorn, Joe Davis and two others were standing in therecess of a deep doorway under a _portal_. On the top of the _portal_,stretched at full length, with one ear over the edge, lay a Mexicanlistening to their talk. He could not hear Harlin's reply to Nick'ssuggestion, but one of the others quickly agreed. The listener did notwait to hear more, and in five minutes the back room of the WhiteHorse saloon was in a bustle of excitement. John Daniels and JimHalliday called for a posse of citizens to help them defend the jail,and the party set out at once on a quick run up the street.
Judge Harlin was trying to restrain Ellhorn's enthusiasm over the ideaof assaulting the jail. "No, Nick," he said, "we don't want to doanything illegal. We are all right so far, because we are here toprotect human life and uphold the law. But the minute you throwyourself against the doors of the jail you forfeit the law'sprotection and--"
"Here they come!" Nick interrupted excitedly. His quick ear had caughtthe hurried tramp of the approaching party.
With Daniels, Whittaker and Halliday in the lead and the otherstrailing on close behind, they came down the middle of the street on ahalf run, plainly revealed in the bright moonlight. They expected tofind the Democrats battering down the jail door, if they were notalready taking the prisoner out, and all their attention was turnedtoward that building. Presently they saw that the entrance and all thestreet round about were silent and apparently deserted, and theyconcluded that the rescuing party was already inside the jail. Danielsturned and made a hushing gesture.
"Softly, boys," he said in a repressed voice. "Come along as quietlyas you possibly can and
get up to the door in a bunch. Have your gunsready."
Scarcely were the words out of his mouth when from the darkness andsilence of a _portal_ a block beyond them came a flash and a report,and on the instant a dozen more blazed out along that side of thestreet, for half a block.
The sheriff's party came to a sudden stop, stunned for a moment by thecomplete surprise. One of their number threw out his hands and sankdown groaning into the dust.
"We're ambushed, boys! It's a trick!" shouted a man in the rear, andhe started off as fast as his legs could carry him. Another andanother followed his example, and three others picked up the woundedman and carried him away. Daniels and Halliday and three or fourothers returned the fire, guessing at the location of the enemy, butone of their party fell to the ground and another dropped his pistolas his arm suddenly went limp and helpless.
"It's nothin' but a trick to get us out here and kill us," saidDaniels.
"It's no use to stand here and make targets of ourselves in themoonlight," added Halliday. "We'd better get out as quick as we can."
They picked up the wounded man, and supporting him between two others,sought the shadow of the sidewalk and hurried away, followed by ajeering "Whoo-oo-oo-ee" in Nick Ellhorn's well-known voice.
"No more shooting, boys!" shouted Judge Harlin. "We've buffaloed'em--let 'em go!"
"You're always spoilin' the fun, Judge," Nick complained. "This jobwas too easy! Now, did you ever see such a pack of cowards start on alynchin' bee? But I reckon they've learned one lesson and won't try tolynch Emerson again in a hurry."
The next day excitement ran higher than ever. The Republicans,smarting under their defeat, were in a white heat of indignation overwhat they believed was a deliberate plan to ambush and kill theirleading men. The Democrats, while they were jubilant over theirvictory, were equally indignant over what they declared was anattempt, by the very men who ought to have protected him, to lynchEmerson Mead. In reality, each side had been trying to protect him anduphold the law, but each scoffed at and spurned the story of theother. Main street was in two hostile camps and all the fire-arms inthe town that were not already in evidence in holsters and hippockets, were brought to the center of hostilities and placed withinhandy reaching distance in shops and offices. Behind the bar in eachof the saloons was a stack of shot-guns and rifles. The sidewalk oneach side of the street was constantly crowded, but nobody crossedfrom one side to the other.
The women began to feel the war spirit and early in the day JudgeHarlin's wife and John Daniels' wife, who were ordinarily the dearestfriends, passed each other on the street without speaking. The ladiesof Las Plumas were accustomed to meet at frequent teas, luncheons andcard parties on terms of the greatest cordiality, but long beforenight, if any one whose masculine affiliations were on one side metone belonging to the other, they passed with a haughty stare.
Sheriff Daniels was much disturbed over the situation, fearing that hewould be unable to keep his prisoner in jail. He talked the matterover with his advisers and together they decided that the best planwould be to get Emerson Mead out of town for the present, andaccordingly a telegram was sent to the sheriff of the adjoining countyasking permission to lodge Mead temporarily in his jail. The Democratsheard of this plan, and Nick Ellhorn fumed indignantly. Judge Harlinwas secretly pleased, and contrived to send word to ColonelWhittaker, Sheriff Daniels and Jim Halliday that he approved theirplan and would do his best to control the Democratic faction whilethey were making the change. He did not tell Nick Ellhorn that he haddone this, but he reasoned with that loyal friend at great length onthe matter.
"But see here, Judge," Nick replied to all his arguments, "I gotEmerson into trouble this time and I've got to get him out. If hehadn't been chasin' around alone, tryin' to get me out of the beastlydrunken scrape I'd been fool enough to get into, this wouldn't havehappened. You know it wouldn't, Judge. It's all my fault, and I've gotto get Emerson out of it."
"That's all right, Nick. Your loyalty to Emerson does you greatcredit. Much more than your judgment does. But if you'll just wait aweek or two the grand jury will pronounce on his case, and they'rebound to let the bottom out of the whole thing. They'll never find atrue bill against him, with no evidence to go on and no proof eventhat Will Whittaker is dead. Then Emerson will come out a vindicatedman and they will have to let him alone after that. His interests willnot suffer now by his being detained a few days, and he will gain inthe respect of the community by submitting quietly. Take my advice,Nick, and keep still, and let matters follow their legal course forthe next week or two."
"A week or two, Judge! And let Emerson stay in jail all that time?When he's no more right to be there than you or me! Sure, now, Judge!and what do you-all take me for, anyway?"
"For a sensible man, Nick, who will see the reason in what I have beensaying and will take my advice in the matter."
Nick leaned his face on his hand and gloomed across the desk at thebig judge, who sat calm and judicial on the other side. Judge Harlinpleased himself much by believing that he could handle Nick Ellhornbetter than any other man in the county, except Emerson Mead, and heliked to have the opportunity to try his hand, just as he liked todrive a nervous, mettlesome, erratic horse. He could drive the horse,but he could not manage Nick Ellhorn. The tall Texan had learned notto batter words against the judge's determination, which was as bigand bulky as his figure. He simply gave tacit acquiescence, and thenwent away and did as he pleased. If his scheme succeeded he adroitlyflattered the judge by giving him the credit; if it failed heprofessed penitence and said how much better it would have been tofollow the judge's advice. He saw that Judge Harlin had decided toallow Emerson Mead to stay in jail until the grand jury should meet,so he presently said:
"Oh, I reckon you-all are right about it, Judge, but it's damn hard onEmerson. But if it's the only way to keep this blamed town fromfallin' to and gettin' rid of itself I reckon we'll have to let himstand it." He got up and walked up and down the room for a few minutesand then, with his black eyes dancing and a broad smile curling hismustache around the dimple in each cheek, he went to the telegraphoffice and sent to Thomson Tuttle a telegram which read:
"Get off the train to-morrow at Escondida and ride to Bosque Grande,where you will find Missouri Bill with horses and instructions."Escondida was the first station on the railroad north of Las Plumasand the Bosque Grande was a river flat, covered with a dense growth ofcottonwoods and willow bushes through which the railroad ran, aboutmidway between the two towns. Missouri Bill was one of Mead's cow-boyswho had come in with the herd of cattle.
When it became known that Emerson Mead was to be taken to theSilverado county jail to await the session of the grand jury and thatthe Democrats would not object to the scheme, the war feeling at oncebegan to abate. The town still rested on its arms and glared acrossMain street, each party from its own side. There was no more talk ofextreme measures and there were no more threats of blood letting. Sothings went on for a few hours, until the matter of Mead's transfer tothe Silverado jail was finally settled. Then all the town looked onwhile Judge Harlin strolled leisurely across the street, nodded toColonel Whittaker and Sheriff Daniels, and the three men went intothe White Horse saloon and clinked glasses together over the bar. Alittle later Jim Halliday went to the Palmleaf and he and Joe Davisjoined in a friendly "here's luck." After which all the town put awayits guns and went quietly about its usual affairs.
The Republicans frankly gave out that Emerson Mead would be taken awayon the north bound overland train, which passed through Las Plumas inthe middle of the day. Nick Ellhorn decided that this was told tooopenly to be true. He guessed that the journey would be made on a"local" train which passed through the town in the early morning andthat Sheriff Daniels hoped, by thus secretly carrying off hisprisoner, to forestall any possible attempt at a rescue. Accordingly,he sent another telegram to Tuttle to be in the Bosque Grande for thistrain and started off Missouri Bill with two extra horses beforedaybreak on the second morning after the
fight.
With Sheriff Daniels beside him and Jim Halliday walking close behind,Emerson Mead stepped into the rear coach of the "local" train withnone to witness his departure other than the handful of regulartravelers, and a half dozen well armed Republicans who were at thestation to help prevent any attempt at escape. Mead greeted these withsmiling good nature, as if there were no thought of quarrel betweenthem, and cast his eyes about for sight of his own friends. Not onecould he see. He did not know what plan for his assistance Ellhorn andTuttle might have schemed, he did not even know that Tuttle had goneaway, but he felt sure they would not allow him to be taken away fromLas Plumas any more than they would allow him to remain in jail longerthan the earliest possible moment at which they could get him out. Sohe went along quietly and good-naturedly with his keepers, his eyeswatchful and his mind alert, alike for any relaxation of theirvigilance which would give him a chance of escape, and for the firstsign from his friends.
Nick Ellhorn did not appear on the station platform at all. He rushedup from the opposite side just as the train was starting and jumped onthe steps of the smoking car. Inside he saw a man whom he knew, and,sitting down beside him, they smoked and chatted and laughed togetheruntil the train reached the edge of the Bosque Grande, when Nickwalked leisurely into the baggage compartment which formed the fronthalf of the smoking car. He nodded a friendly good morning to thebaggage man, handed him a cigar, lighted a fresh one himself, and withone eye out at the open door stood and bandied a joke or two with thetrain man. Presently he caught sight of a bunch of horses behind awillow thicket a little way ahead and saw a big, burly figure near thetrack.
Then he leaped to the top of the tender, and in another moment wassitting with his long legs dangling from the front end of the coalbox. "Whoo-oo-oo-ee!" sounded in the ears of the engineer and fireman,above the rattle of the train and the roar of the engine. They lookedaround, astonished and startled by the sudden yell, and saw themselvescovered by two cocked revolvers.
"Stop your old engine before she gets to that trestle yonder or I'llblow both of you through your headlight!" yelled Nick.
The engineer knew Ellhorn and he yelled back, "What for, Nick?"
"Never mind what for! Stop her quick or--one, two--"
The engineer waited no longer, but let his lever forward with a suddenjerk. The wheels ground and scraped and the train trembled and stoodstill with the rear coach only a few feet in front of Tuttle's post.
Inside the car, Halliday, who sat in the seat behind Mead and thesheriff, had walked to the front end of the car and was drinking atthe ice-water tank when the train came to a sudden stop. He went tothe front platform and looked up the track to see what was the matter.Seeing nothing there he turned to face the rear. By that time TomTuttle was on the back platform and nothing was to be seen in thatdirection. So he turned to the other side of the platform and lookeddiligently up and down the road. Sheriff Daniels and his prisoner weresitting on the opposite side of the train from that on which Tuttlewas entering. The sheriff stepped into the next seat and put his headout of the window. Mead's faculties were on the alert, and when heheard a quick, heavy step leaping up the back steps of the car heknew, without turning his head, that it was either Tuttle or Ellhorn.He leaned over the back of the seat in front of him and jerked thesheriff's pistol from its holster just as Tuttle stood beside him.Daniels jumped back, as he felt his gun drawn out, and found himself,unarmed, confronted by cocked revolvers in the hands of two of thebest shots in the territory. He yelled for Halliday, and Mead andTuttle backed quickly toward the rear door. The train was moving againas Halliday came rushing in, and Tuttle, disappearing through the backdoor, transferred his aim from the sheriff to the deputy. Hallidayknew well that if he fired he would shoot to his own death, and hepaused midway of the car, with his gun half raised, as the two menleaped from the moving train.
"Much obliged!" yelled Nick Ellhorn, jumping to the ground fromhis perch on the coal box. Daniels and Halliday stood on the rearplatform as the three men leaped on the horses which Missouri Bill hadready beside the track. Daniels shook his fist at them in rage, andHalliday emptied the chambers of his six-shooter, but the bullets didno more damage than to cut some hairs from the tail of Mead's horse.Ellhorn waved his sombrero and shouted his loudest and longest"Whoo-oo-oo-ee!" Tuttle yelled "Buffaloed!" and Mead kissed his handto the two angry men on the rear platform of the departing train. Thenthey put spurs to their horses and rode away over the plains and themountains. They stopped over night at Muletown, and reached Mead'sranch about noon the next day.
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