Chapter 13

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_ 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 the result of his drunken trick his vocabulary of abusive epithets ran dry in his effort to characterize his conduct.

"How did you happen to get drunk, Nick?" Judge Harlin asked. "I thought you had quit. What did you do it for?"

"Sure, and what did I do it for?" said Nick, and the strong Irish accent in his speech told how deeply he felt his misdeed. For he was always most Irish when most moved. "I reckon," he went on, and the rolling intonation fell from his tongue like a faint breath from the green isle itself, "I reckon I did it just to show my friends what a measly, coyote, white-livered, tackey, ornery, spavined, colicky, mangy, blitherin' sort of a beast I am. Sure, now, Judge, I just wanted everybody to know what a gee-whillikined damn fool I can be if I try. And they know, now. Oh, yes, they know. There's nothin' more I can tell. Hold on, Judge! Sure, and I'm thinkin' it all came along of the way I mixed my drinks yesterday when I first struck the Palmleaf. I had beer, and whisky, and some mint juleps, yes, and maybe a cocktail, and I think there was some more beer--yes, there was more beer, and I think likely that I had some brandy up there in that sick man's room. For I seem to remember that I took a drink of brandy because it was goin' to kill him if he drank it, and so I took it in his place. Yes, I must have had some brandy, sure, because nothin' but brandy will set me up that way. Now, just look at that, Judge! Ain't that a fine lay-out for a man to swallow that knows better? If I'd never been inside a saloon before there'd be some excuse. But me a-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 his first pants over the haul he made yesterday. I hear he's going to be measured for a brand-new, tailor-made cartridge belt and six-shooter as a memento of the occasion."

"He'd better hurry up, then, before the occasion turns a back somersault on him. I reckon what he needs most is a new hat that will be about six sizes too big for him a week from now. Jim Halliday's all right as long as he keeps to his own side of the street, but he'd better not come over here or he'll be filled so full of bullets that he won't know himself from a dice box. Say, Judge, what's become of that John Chiny's pigtail they say I cut off?"

"I suppose it's in the hands of the district attorney and will be brought 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, and I want it as a reminder not to mix my drinks. What had I better do about this business, Judge?"

"There's only one thing you can do, Nick--plead guilty and throw yourself on the mercy of the court, and trust to your confounded Irish luck to get you off easy."

Nick Ellhorn sent a telegram to Thomson Tuttle to return as quickly as possible and then attended to the shipment of Emerson Mead's cattle. When he appeared on Main street again in the afternoon he found the town dividing itself into two hostile camps. The Palmleaf and the White Horse saloons were, respectively, the headquarters of the two factions, and men were dropping their work and leaving their shops and offices to join the excited crowds that filled the two saloons and gathered in groups on the sidewalks. On the west side of Main street the general temper was pleased, exultant, and inclined to jeer at the other side whenever a Republican met a Democrat. On the east side, anger and the determination to get even, shone in men's eyes and sounded in their talk.

In the afternoon news came that the territorial district court had decided in favor of the Democrats a controversy over the sheriff's office that had been going on ever since the election the previous autumn, 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 since been crawling slowly along, while Daniels held the office. The election had been so hotly contested that each side had counted more votes than had been registered. But each had felt so confident that it could cover up its own misdeeds and hide behind its execration of those of its enemy that neither had had any doubt about the outcome.

The news of the decision embittered the quarrel which had been opened by the arrest of Emerson Mead. There were threats of armed resistance if the Democrats should attempt to take the office, and both John Daniels and Joe Davis, who had been the Democratic candidate, went about heavily armed and attended by armed friends as bodyguards, lest sudden death at the mouth of a smoking gun should end the dispute.

Toward night the angry talk and the buzzing rumors again centered about Emerson Mead. It began to be said on the west side of the street that this whole controversy over the sheriff's office had been worked up by Mead and his friends in order that they might get his party into power and, under its protection, harass the cattle company and by arrests and murders ruin their business and take their stock. As the talk whizzed and buzzed along the street men grew more and more reckless and angry in their assertions. They lashed themselves into a state in which they really believed, for the time being, that Mead's continued existence would be a peril to themselves and a danger to the community. Suggestions of lynching were hazarded and quickly taken up and discussed. There were many who thought this the best thing that could be done, and a little group of these got together in the coolest corner of the White Horse saloon and formed themselves into a secret vigilance committee. News of these things came by way of the back door into Judge Harlin's office. He took the lead on the Democratic side of the street and organized a party of twelve of their bravest men and best shots to guard the jail during the night and resist any attempt to take out Emerson Mead. He was careful also to see that news of what he was doing was carried to the leaders on the other side. Late in the evening he and Ellhorn and the rest of their party posted themselves in dark corners and convenient hiding-places in the neighborhood of the jail. An hour or more passed and there was no sign that the vigilance committee had survived the fervors of the afternoon. Finally Nick Ellhorn began to suspect what had happened and he called Judge Harlin to account.

"I call it downright mean, Judge," he complained, "to bring us fellows out here in the hope of havin' a scrimmage and then send the other side word we're here, so they'll be sure not to come! You'll be runnin' on their ticket next thing we know! Now that we are out here and all ready for business, and nothin' to do, we'd better just slam-bang ourselves against that jail over there and get Emerson out."

Judge Harlin, Ellhorn, Joe Davis and two others were standing in the recess 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 Mexican listening to their talk. He could not hear Harlin's reply to Nick's suggestion, but one of the others quickly agreed. The listener did not wait to hear more, and in five minutes the back room of the White Horse saloon was in a bustle of excitement. John Daniels and Jim Halliday 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 idea of assaulting the jail. "No, Nick," he said, "we don't want to do anything illegal. We are all right so far, because we are here to protect human life and uphold the law. But the minute you throw yourself against the doors of the jail you forfeit the law's protection and--"

"Here they come!" Nick interrupted excitedly. His quick ear had caught the hurried tramp of the approaching party.

With Daniels, Whittaker and Halliday in the lead and the others trailing on close behind, they came down the middle of the street on a half run, plainly revealed in the bright moonlight. They expected to find the Democrats battering down the jail door, if they were not already taking the prisoner out, and all their attention was turned toward that building. Presently they saw that the entrance and all the street round about were silent and apparently deserted, and they concluded that the rescuing party was already inside the jail. Daniels turned and made a hushing gesture.

"Softly, boys," he said in a repressed voice. "Come along as quietly as you possibly can and get up to the door in a bunch. Have your guns ready."

Scarcely were the words out of his mouth when from the darkness and silence 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 the street, for half a block.

The sheriff's party came to a sudden stop, stunned for a moment by the complete surprise. One of their number threw out his hands and sank down groaning into the dust.

"We're ambushed, boys! It's a trick!" shouted a man in the rear, and he started off as fast as his legs could carry him. Another and another followed his example, and three others picked up the wounded man and carried him away. Daniels and Halliday and three or four others returned the fire, guessing at the location of the enemy, but one of their party fell to the ground and another dropped his pistol as his arm suddenly went limp and helpless.

"It's nothin' but a trick to get us out here and kill us," said Daniels.

"It's no use to stand here and make targets of ourselves in the moonlight," 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 a jeering "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 job was too easy! Now, did you ever see such a pack of cowards start on a lynchin' bee? But I reckon they've learned one lesson and won't try to lynch 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 over what they believed was a deliberate plan to ambush and kill their leading men. The Democrats, while they were jubilant over their victory, were equally indignant over what they declared was an attempt, by the very men who ought to have protected him, to lynch Emerson Mead. In reality, each side had been trying to protect him and uphold the law, but each scoffed at and spurned the story of the other. Main street was in two hostile camps and all the fire-arms in the town that were not already in evidence in holsters and hip pockets, were brought to the center of hostilities and placed within handy reaching distance in shops and offices. Behind the bar in each of the saloons was a stack of shot-guns and rifles. The sidewalk on each side of the street was constantly crowded, but nobody crossed from one side to the other.

The women began to feel the war spirit and early in the day Judge Harlin's wife and John Daniels' wife, who were ordinarily the dearest friends, passed each other on the street without speaking. The ladies of Las Plumas were accustomed to meet at frequent teas, luncheons and card parties on terms of the greatest cordiality, but long before night, if any one whose masculine affiliations were on one side met one belonging to the other, they passed with a haughty stare.

Sheriff Daniels was much disturbed over the situation, fearing that he would be unable to keep his prisoner in jail. He talked the matter over with his advisers and together they decided that the best plan would be to get Emerson Mead out of town for the present, and accordingly a telegram was sent to the sheriff of the adjoining county asking permission to lodge Mead temporarily in his jail. The Democrats heard of this plan, and Nick Ellhorn fumed indignantly. Judge Harlin was secretly pleased, and contrived to send word to Colonel Whittaker, Sheriff Daniels and Jim Halliday that he approved their plan and would do his best to control the Democratic faction while they were making the change. He did not tell Nick Ellhorn that he had done this, but he reasoned with that loyal friend at great length on the matter.

"But see here, Judge," Nick replied to all his arguments, "I got Emerson into trouble this time and I've got to get him out. If he hadn't been chasin' around alone, tryin' to get me out of the beastly drunken scrape I'd been fool enough to get into, this wouldn't have happened. You know it wouldn't, Judge. It's all my fault, and I've got to get Emerson out of it."

"That's all right, Nick. Your loyalty to Emerson does you great credit. Much more than your judgment does. But if you'll just wait a week or two the grand jury will pronounce on his case, and they're bound to let the bottom out of the whole thing. They'll never find a true bill against him, with no evidence to go on and no proof even that Will Whittaker is dead. Then Emerson will come out a vindicated man and they will have to let him alone after that. His interests will not suffer now by his being detained a few days, and he will gain in the respect of the community by submitting quietly. Take my advice, Nick, and keep still, and let matters follow their legal course for the 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 been saying and will take my advice in the matter."

Nick leaned his face on his hand and gloomed across the desk at the big judge, who sat calm and judicial on the other side. Judge Harlin pleased himself much by believing that he could handle Nick Ellhorn better than any other man in the county, except Emerson Mead, and he liked to have the opportunity to try his hand, just as he liked to drive a nervous, mettlesome, erratic horse. He could drive the horse, but he could not manage Nick Ellhorn. The tall Texan had learned not to batter words against the judge's determination, which was as big and bulky as his figure. He simply gave tacit acquiescence, and then went away and did as he pleased. If his scheme succeeded he adroitly flattered the judge by giving him the credit; if it failed he professed penitence and said how much better it would have been to follow the judge's advice. He saw that Judge Harlin had decided to allow 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 on Emerson. But if it's the only way to keep this blamed town from fallin' to and gettin' rid of itself I reckon we'll have to let him stand it." He got up and walked up and down the room for a few minutes and then, with his black eyes dancing and a broad smile curling his mustache around the dimple in each cheek, he went to the telegraph office 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 Plumas and the Bosque Grande was a river flat, covered with a dense growth of cottonwoods and willow bushes through which the railroad ran, about midway between the two towns. Missouri Bill was one of Mead's cow-boys who had come in with the herd of cattle.

When it became known that Emerson Mead was to be taken to the Silverado county jail to await the session of the grand jury and that the Democrats would not object to the scheme, the war feeling at once began to abate. The town still rested on its arms and glared across Main street, each party from its own side. There was no more talk of extreme measures and there were no more threats of blood letting. So things went on for a few hours, until the matter of Mead's transfer to the Silverado jail was finally settled. Then all the town looked on while Judge Harlin strolled leisurely across the street, nodded to Colonel Whittaker and Sheriff Daniels, and the three men went into the White Horse saloon and clinked glasses together over the bar. A little later Jim Halliday went to the Palmleaf and he and Joe Davis joined in a friendly "here's luck." After which all the town put away its guns and went quietly about its usual affairs.

The Republicans frankly gave out that Emerson Mead would be taken away on the north bound overland train, which passed through Las Plumas in the middle of the day. Nick Ellhorn decided that this was told too openly to be true. He guessed that the journey would be made on a "local" train which passed through the town in the early morning and that Sheriff Daniels hoped, by thus secretly carrying off his prisoner, to forestall any possible attempt at a rescue. Accordingly, he sent another telegram to Tuttle to be in the Bosque Grande for this train and started off Missouri Bill with two extra horses before daybreak 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 with none to witness his departure other than the handful of regular travelers, and a half dozen well armed Republicans who were at the station to help prevent any attempt at escape. Mead greeted these with smiling good nature, as if there were no thought of quarrel between them, and cast his eyes about for sight of his own friends. Not one could he see. He did not know what plan for his assistance Ellhorn and Tuttle might have schemed, he did not even know that Tuttle had gone away, but he felt sure they would not allow him to be taken away from Las Plumas any more than they would allow him to remain in jail longer than the earliest possible moment at which they could get him out. So he went along quietly and good-naturedly with his keepers, his eyes watchful and his mind alert, alike for any relaxation of their vigilance which would give him a chance of escape, and for the first sign from his friends.

Nick Ellhorn did not appear on the station platform at all. He rushed up from the opposite side just as the train was starting and jumped on the steps of the smoking car. Inside he saw a man whom he knew, and, sitting down beside him, they smoked and chatted and laughed together until the train reached the edge of the Bosque Grande, when Nick walked leisurely into the baggage compartment which formed the front half of the smoking car. He nodded a friendly good morning to the baggage man, handed him a cigar, lighted a fresh one himself, and with one eye out at the open door stood and bandied a joke or two with the train man. Presently he caught sight of a bunch of horses behind a willow thicket a little way ahead and saw a big, burly figure near the track.

Then he leaped to the top of the tender, and in another moment was sitting with his long legs dangling from the front end of the coal box. "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 looked around, astonished and startled by the sudden yell, and saw themselves covered by two cocked revolvers.

"Stop your old engine before she gets to that trestle yonder or I'll blow 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 sudden jerk. The wheels ground and scraped and the train trembled and stood still 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 the sheriff, had walked to the front end of the car and was drinking at the ice-water tank when the train came to a sudden stop. He went to the 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 Tom Tuttle was on the back platform and nothing was to be seen in that direction. So he turned to the other side of the platform and looked diligently up and down the road. Sheriff Daniels and his prisoner were sitting on the opposite side of the train from that on which Tuttle was entering. The sheriff stepped into the next seat and put his head out of the window. Mead's faculties were on the alert, and when he heard a quick, heavy step leaping up the back steps of the car he knew, 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 the sheriff'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 the best shots in the territory. He yelled for Halliday, and Mead and Tuttle backed quickly toward the rear door. The train was moving again as Halliday came rushing in, and Tuttle, disappearing through the back door, transferred his aim from the sheriff to the deputy. Halliday knew well that if he fired he would shoot to his own death, and he paused midway of the car, with his gun half raised, as the two men leaped from the moving train.

"Much obliged!" yelled Nick Ellhorn, jumping to the ground from his perch on the coal box. Daniels and Halliday stood on the rear platform as the three men leaped on the horses which Missouri Bill had ready beside the track. Daniels shook his fist at them in rage, and Halliday emptied the chambers of his six-shooter, but the bullets did no 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 hand to the two angry men on the rear platform of the departing train. Then they put spurs to their horses and rode away over the plains and the mountains. They stopped over night at Muletown, and reached Mead's ranch about noon the next day. _

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