by James Otis
CHAPTER XXXIII
VICTORIOUS
The lawyer did not return for several hours, and then he said:
"I have sent for surveyors, and we will run our own lines earlyto-morrow morning, after which an officer shall be stationed there towarn him from encroaching. You must be on the spot as early as possibleto attend to matters."
"He'll find us when the sun comes up. Was this why you sent thetelegram?"
"I wanted to discover what he meant by the hiring of carpenters and theordering of lumber; but that you have already done."
"When will the case be tried?"
"Next week I think; but that is of minor importance just now. Thesupposed location of the purchase is to be pointed out to the surveyors,therefore one of you must remain here until they arrive.
"When do you expect them?"
"On the first train to-morrow."
"Fred can wait for 'em, an' I'll leave in time to get there bydaylight."
"Very well; make your preparations to stay until I send word that it isno longer necessary."
Joe and Fred left the office to purchase such provisions as might beneeded while holding possession of the disputed property, and when thishad been done the question arose as to how word could be sent to Bill.
"The story is too long for a telegram," Fred said, "so suppose we say bywire that there is nothing particularly new, and write a letter?"
"Go ahead. I ain't much of a fist with a pen, so while you're tellin'the yarn I'll send the message."
Joe retired early in order to be in readiness for the journey, and Fredwas not awake when, shortly after midnight, he slipped out of the house.
It was not an easy matter to find his way in the darkness; but hefinally succeeded after straying from the right course several times,and was thoroughly astonished at finding half a dozen men already inpossession.
A small amount of lumber was scattered here and there, as if placed inreadiness to be used, and a temporary camp had been erected close besidethe coal vein.
The men had but just awakened when he arrived, and in reply to his angryquestion of why they were there, one of them asked impudently:
"What business is it of yours?"
"I happen to own a quarter of this land, an' it'll be hot for all handsif there's any attempt at puttin' up a building."
"It'll take us about two minutes to clean you out, an' we'll do it, ifyou so much as yip again."
Joe was literally trembling with rage. He fancied a portion of his titleto the tract would be lost, if he did not drive the intruders away, andbefore the spokesman had time to defend himself against an attack, theminer knocked him headlong with one well-directed blow. Then, picking upan axe which lay near by, he made such a furious onslaught upon theremainder of the party that they scattered in every direction.
Instead of following, he chopped and tore at the camp until it wasdemolished, and then destroyed all the provisions it had contained, inaddition to pounding into shapeless masses the tin cooking utensils.
By this time the carpenters got their scattered forces together and weremarching in a body against the man who had put them to flight.
In the immediate vicinity of the camp were stored nearly all the tools,and, standing over these, Joe shouted:
"As true as my name's Brace I'll kill the first man who comes here,"and he brandished the axe above his head.
"Don't be a fool!" some one cried. "What can you do against the crowd?"
"Split open the head of the first who comes within strikin' distance.After that has been done you may manage to get the best of me; but oneis sure to go down--which shall it be?"
None of the party cared to prove the truth of Joe's threat, and theyfell back a short distance, giving him an opportunity to intrenchhimself behind the fragments of the camp.
The miner took care to gather the tools around him so they could not beseized in case a sudden rush was made, and then, as he afterward said,"read the riot act" to the trespassers.
Matters were in this condition when Fred and the surveyors arrived.
The carpenters were seated on the ground a short distance away, whileJoe remained perched on the ruins of the hut calmly smoking his pipe;but prepared for any attack, however sudden.
"Go back to Blacktown and tell the lawyer to send some officers," theminer cried, "These beauties are countin' on buildin' a house righthere, I'll hold 'em off till they can be arrested."
"Oh, yes you will," one of the party shouted. "Wait till the crowd gethere from Farley's, an' then we'll see who runs this place."
Joe brandished his axe, as an intimation of what he was prepared to do,and cried to Fred who stood in silent astonishment a few paces away:
"Hurry on, lad, there's no time to be lost!"
This roused Fred to a sense of the necessity for immediate action, andhe started off at full speed.
The surveyors thinking quite naturally that they were not included inthe hostilities, made ready to perform the work for which they had beenengaged; but no sooner were the instruments set up than the carpentersmade a dash at them, crying:
"If we have to lay still you shall do the same. Stand back an' wait tillMr. Wright comes."
"Stick to your job, an' if one will help me, I'll get rid of the wholeboiling," Joe cried as he advanced.
"Look here, my friend," the elder of the surveying party said in a lowtone, "I understand something about this fight, and don't propose to getmixed up in what isn't really any of my business. We'll run the lines,if nobody molests us; but won't put ourselves out to do it."
"Then I can't count on you?"
"Not at all; this is too serious business for us to be involved in. Ifyou want to buy a good revolver, though, I'll sell one cheap, and takemy pay when we meet in Blacktown.
"You're a brick," Joe cried, enthusiastically. "Give me the shooter, an'I'll guarantee to pay any price for it."
The weapon was delivered, and the miner left his fortification, marchingdirectly toward the enemy.
"I give you a fair warnin' to clear out," he said, leveling therevolver. "This is my land, an' I order every one to leave. Thesesurveyors are here to run the lines for my partners an' me. The firstwho interferes with em' will get a ball. I ain't talkin' foolish, foryou know the law will uphold me in defendin' my own. Now begin the job,"he added, to the surveying party, "an' we'll see who wants to havetrouble."
This argument was understood by Mr. Wright's adherents, and they kept ata respectful distance, while the others did their work.
New stakes were set up without any regard to those already in position,and the labor had but just been completed when the superintendent andtwo members of his company arrived.
"Why are you not at work?" he asked one of the carpenters.
For reply the man pointed toward Joe, who was pacing to and fro on whathe believed to be the boundary line of his property.
"Get those timbers up," Mr. Wright cried angrily.
"You may drag them off; but the first one who dares so much as raise ajoist for any other purpose, shall suffer!" Joe shouted.
"Knock that fellow down! What business has he here?" and thesuperintendent's voice trembled with suppressed fury.
"I'm where I belong, an' seein's how your men don't dare do the knockin'down, s'pose you take a hand at it."
Mr. Wright advanced as if to act upon the suggestion; but before hereached the imaginary line the miner shouted:
"If you put a foot on this land I'll shoot. Send your crowd home, andthen if you want to tackle me I'll throw the revolver down, an' meet youhalf way."
The superintendent paid no attention to this remark, save to halt on thesafe side of the danger line, where he whispered a few words to one ofhis men, and the latter started at full speed for Farley's.
"I reckon my jig is about up," Joe muttered to himself. "He's sent forhelp, an' they're bound to bring what'll be of more service than thisrevolver."
The surveyors, evidently believing there was no especial reason why
theyshould stay, now matters were nearing a crisis, took their departure,and the miner was once more left alone to defend his rights. Ten minuteslater Fred appeared from among the trees, followed by five determinedlooking men, and Joe's cheers were not ended when Mr. Hunter came inview.
The lawyer shook hands with the miner as he said:
"You've saved us what might have been a bad mess. Now we have areasonably large force, and can hold out until an injunction isprocured."
"Are you likely to get one soon?"
"A clerk will bring it in a short time. The application has beengranted, and the only delay is while the papers can be made out."
"I'm glad of that, for Wright has sent after more help, an' when itcomes things are likely to be hot."
Mr. Hunter now advanced and held a long conversation with thesuperintendent and his friends, at the conclusion of which he orderedJoe to have the lumber dragged from the tract staked out by thesurveyors.
In this work Fred assisted, while the miner stood guard with hisrevolver to prevent any interference, and when the task was finished theformer whispered to his partner:
"Did they scare you, Joe?"
"Well, I don't mind ownin' to you that they did; but not one in the gangknew it. I was bound to stick as long as I could, an' a big lot of bluffhelped me through."
"Mr. Hunter says that if the injunction can be served on Mr. Wrightbefore the men begin work, it will be all right."
"Is that the only thing he knows of to stop matters?"
"It will be enough."
"I'd rather trust to my fist than any paper that was ever written."
After a time Fred succeeded in making the miner understand what kind ofa document it was they depended upon to prevent the superintendent fromtrespassing, and the explanation had but just been made as Mr. Hunter'sclerk arrived with the important document.
When this had been served on Mr. Wright the matter was settledtemporarily, and the lawyer said to Fred and Joe:
"You can return home, and the next summons will be for the trial. Thismove of Wright's has been a foolish one, and will, I think, prejudicehis case."
CHAPTER XXXIV
THE NEW MINE
It is unnecessary to give the details of the long trial to establish thetitle of that certain tract of land known as "Louder's Slope."
Suffice it to say that all the claimants were there with the exceptionof Bill Thomas, and the case was finally settled in favor of thedefendants.
The farmer who sold the property to Joe was literally frightened intotelling the truth, and although the company showed a deed for the land,no record could be found for the same.
The general opinion of those who understood the case was that Mr. Wrighthad attempted to play a desperate game, and failed because it wasimpossible to corrupt certain parties in the Recorder of Deeds' office.In fact, a very ugly rumor gained circulation immediately after thetrial, to the effect that a large sum of money had been offered a clerk,if he would change a number of figures on the books to correspond withthe deed which was exhibited in court.
When Joe, Fred, and Sam returned home absolute owners of the valuabletract, the walk from the depot to Mrs. Byram's house was a regularovation.
Those who rejoiced when it seemed certain the boys would not benefit bythe discovery, were apparently as well pleased as the partners' warmestfriends, and during the evening following the announcement of theverdict, Farley's was in a high state of excitement.
Among the last who called to offer congratulations was Skip, and he saidemphatically as he and Fred stood by the side of Bill's bed:
"I'm as glad as if some of the luck was mine. You say I've squaredaccounts, an' that's enough to make me feel mighty good. Of course,you'll have to hire breaker boys, an' I'd like a job at the new mine,'cause it ain't likely things here'll be very pleasant for me."
"Fred an' me have figgered out a place for you, lad," the old minerreplied, as he took Skip's hand in his. "Our mine won't be open for twoor three months, an' durin' that time the firm are goin' to send you toschool. When the store is opened--for, of course, we'll need one--you'reto go into it, an' the day Skip Miller can take hold of the accountshe's goin' to have full charge."
The ex-captain of the regulators looked from one to the other in silenceseveral seconds, and then he asked, in a hesitating way:
"You ain't makin' fun of a feller, eh?"
"Not a bit of it, lad, an' if you run over to Blacktown to-morrow an'ask Mr. Hunter he'll show that the money has been paid for yourschooling."
Skip did not trust himself to reply, but after shaking each of hisfriends by the hand he hurriedly left the house, and Chunky, who entereda few moments later, said to Fred:
"I reckon Skip wishes he was you. I met him jest now, an' he was cryin'reg'lar tears, an' wouldn't stop to listen when I told him the fellershad chose me for captain."
Nothing was seen of either Mr. Wright or his cashier until nearly twoweeks after the case had been ended, and then the former called at Mrs.Byram's cottage to offer his "congratulations."
"It is not well that there should be any hard feelings between us sincewe are to be neighbors," he said. "What I did was in the interests ofthe company which I represent, and any other course would have beenimpossible."
To this remark Fred made no reply; but he was willing to be onapparently friendly terms with the superintendent, which was more thancan be said of the elder partners.
Bill bluntly told Mr. Wright what he thought of his conduct, andexpressed the hope in very plain words, that it would not be necessaryfor the new firm to have any business relations with the old company.
Four months later the Byram-Thorpe works were formally opened, with Billas mine boss, Fred and Sam as superintendents, and Joe in charge of theshipments.
It must not be understood that the two boys were fully qualified fortheir responsible positions; Bill and Joe acted as advisers, and if oneyear's work is any criterion the quartette have administered the affairsmost wisely, for in all the middle field there are no better or morecontented miners than can be found at the Byram-Thorpe works.
In one year Skip was pronounced competent to take full charge of thestore, and to-day it would be difficult to select a fellow better likedthan he. On the Blacktown side of the mountain every one speaks of himin the most flattering terms, and at Farley's he is held up to breakerboys as an example of how one may live down a bad reputation.
Chunky still works under Donovan; he could not make up his mind toresign from the regulators, and to-day his record is by no means as goodas it should be. Neither Fred nor Sam cared to take him with them, forboth knew by bitter experience the aim of his association, and did notwish to introduce anything of the kind at the new mine.
Gus Dobson was arrested about a month after Sam had been pronouncedinnocent. On running away from Mr. Wright's house he hid in the woodsnear where Tim was found; but four weeks of this kind of a life wassufficient.
He presented a most deplorable appearance when he returned home onemorning. His clothes were in tatters, the shoes literally hanging fromhis feet, and the pangs of hunger printed on his face. Imprisonment wasa far less severe punishment than starvation, and as he said, "the judgecouldn't give him any sentence worse than sneaking around the mountainswithout food or shelter."
The new mine has only been in operation about a year; but that is timeenough to show that the vein is much richer than the one at Farley's.Instead of being forced to spend money making a shaft or slope, coal ofgood quality has been taken out from the first, and already do theoriginal owners consider themselves wealthy. It is true the unitedamount in bank would not be thought large by many; but their income isconsiderably in excess of all necessary expenses and, what is betteryet, perfect content dwells with them.
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