by Andy Adams
CHAPTER XII. MARSHALING THE FORCES
Both herds had watered in the Smoky during the afternoon. The stranger'scattle were not compelled to go down to the crossing, but found an easypassage several miles above the regular ford. After leaving the river,both herds were grazed out during the evening, and when darkness fellwe were not over three miles apart, one on either side of the trail. TheWyoming cowman spent a restless night, and early the next morning rodeto the nearest elevation which would give him a view of his cattle.Within an hour after sun-up he returned, elated over the fact that hisherd was far in the lead of ours, camp being already broken, while wewere only breakfasting. Matters were working out just as I expected. Themixed herd under the Mexican corporal, by moving early and late, couldkeep the lead of our beeves, and with the abundance of time at mydisposal we were in no hurry. The Kansas Pacific Railroad was but a fewdays' drive ahead, and I advised our guest to take the train aroundto Ogalalla and have a new outfit all ready to relieve the aliensimmediately on their arrival. Promising to take the matter underconsideration, he said nothing further for several days, his cattle inthe mean time keeping a lead of from five to ten miles.
The trail crossed the railroad at a switch east of Grinnell. I wasnaturally expecting some word from Don Lovell, and it was my intentionto send one of the boys into that station to inquire for mail. There wasa hostelry at Grinnell, several stores and a livery stable, all dying aneasy death from the blight of the arid plain, the town profiting littleor nothing from the cattle trade. But when within a half-day's drive ofthe railway, on overtaking the herd after dinner, there was old man Dontalking to the boys on herd. The cattle were lying down, and ratherthan disturb them, he patiently bided his time until they had rested andarose to resume their journey. The old man was feeling in fine spirits,something unusual, and declined my urgent invitation to go back tothe wagon and have dinner. I noticed that he was using his own saddle,though riding a livery horse, and in the mutual inquiries which wereexchanged, learned that he had arrived at Grinnell but a few daysbefore. He had left Camp Supply immediately after Forrest and Sponsilierpassed that point, and until Siringo came in with his report, hehad spent the time about detective headquarters in Kansas City. Fromintimate friends in Dodge, he had obtained the full particulars of theattempted but unsuccessful move of The Western Supply Company to takepossession of his two herds. In fact there was very little that I couldenlighten him on, except the condition of the cattle, and they spoke forthemselves, their glossy coats shining with the richness of silk. On theother hand, my employer opened like a book.
"Tom, I think we're past the worst of it," said he. "Those Dodge peopleare just a trifle too officious to suit me, but Ogalalla is a cow-townafter my own heart. They're a law unto themselves up there, and a cowmanstands some show--a good one against thieves. Ogalalla is the seat of anorganized county, and the town has officers, it's true, but they've gotsense enough to know which side their bread's buttered on; and a cowmanwho's on the square has nothing to fear in that town. Yes, the wholegang, Tolleston and all, are right up here at Ogalalla now; bought aherd this week, so I hear, and expect to take two of these away fromus the moment we enter Keith County. Well, they may; I've seen bad menbefore take a town, but it was only a question of time until the plaincitizens retook it. They may try to bluff us, but if they do, we'll meetthem a little over halfway. Which one of your boys was it that lickedArchie? I want to thank him until such a time as I can reward himbetter."
The herd was moving out, and as Seay was working in the swing on theopposite side, we allowed the cattle to trail past, and then rode roundand overtook him. The two had never met before, but old man Don warmedtowards Dorg, who recited his experience in such an inimitable mannerthat our employer rocked in his saddle in spasms of laughter. Leavingthe two together, I rode on ahead to look out the water, and whenthe herd came up near the middle of the afternoon, they were stillinseparable. The watering over, we camped for the night several milessouth of the railroad, the mixed herd having crossed it about noon. Myguest of the past few days had come to a point requiring a decision andwas in a quandary to know what to do. But when the situation had beenthoroughly reviewed between Mr. Lovell and the Wyoming man, my advicewas indorsed,--to trust implicitly to his corporal, and be ready torelieve the outfit at the Platte. Saddles were accordingly shifted, andthe stranger, after professing a profusion of thanks, rode away on thelivery horse by which my employer had arrived. Once the man was well outof hearing, the old trail drover turned to my outfit and said:
"Boys, there goes a warning that the days of the trail are numbered. Tomake a success of any business, a little common sense is necessary. Ninetenths of the investing in cattle to-day in the Northwest is being doneby inexperienced men. No other line of business could prosper in suchincompetent hands, and it's foolish to think that cattle companies andindividuals, nearly all tenderfeet at the business, can succeed. Theymay for a time,--there are accidents in every calling,--but when thetide turns, there won't be one man or company in ten survive. I onlywish they would, as it means life and expansion for the cattle interestsin Texas. As long as the boom continues, and foreigners and tenderfeetpour their money in, the business will look prosperous. Why, even thebusiness men are selling out their stores and going into cattle. Butthere's a day of reckoning ahead, and there's many a cowman in thisNorthwest country who will never see his money again. Now the governmentdemand is a healthy one: it needs the cattle for Indian and militarypurposes; but this crazy investment, especially in she stuff, I wouldn'trisk a dollar in it."
During the conversation that evening, I was delighted to learn that myemployer expected to accompany the herds overland to Ogalalla. There wasnothing pressing elsewhere, and as all the other outfits were within ashort day's ride in the rear, he could choose his abode. He was too gooda cowman to interfere with the management of cattle, and the pleasure ofhis company, when in good humor, was to be desired. The next morninga horse was furnished him from our extras, and after seeing us safelyacross the railroad track, he turned back to meet Forrest or Sponsilier.This was the last we saw of him until after crossing into Nebraska. Inthe mean time my boys kept an eye on the Mexican outfit in our front,scarcely a day passing but what we sighted them either in person or bysignal. Once they dropped back opposite us on the western side ofthe trail, when Cedardall, under the pretense of hunting lost horses,visited their camp, finding them contented and enjoying a lay-over. Theywere impatient to know the distance to the Rio Platte, and G--G assuredthem that within a week they would see its muddy waters and be relieved.Thus encouraged they held the lead, but several times vaqueros droppedback to make inquiries of drives and the water. The route was passable,with a short dry drive from the head of Stinking Water across to thePlatte River, of which they were fully advised. Keeping them in sight,we trailed along leisurely, and as we went down the northern slope ofthe divide approaching the Republican River, we were overtaken at noonby Don Lovell and Dave Sponsilier.
"Quirk," said the old man, as the two dismounted, "I was just tellingDave that twenty years ago this summer I carried a musket with Shermanin his march to the sea. And here we are to-day, driving beef to feedthe army in the West. But that's neither here nor there under thepresent programme. Jim Flood and I have talked matters over prettythoroughly, and have decided to switch the foremen on the 'Open A' and'Drooping T' cattle until after Ogalalla is passed. From their actionsat Dodge, it is probable that they will try and arrest the foreman ofthose two herds as accessory under some charge or other. By shifting theforemen, even if the ones in charge are detained, we will gain time andbe able to push the Buford cattle across the North Platte. The chancesare that they will prefer some charges against me, and if they do,if necessary, we will all go to the lock-up together. They may havespotters ahead here on the Republican; Dave will take charge of your'Open A's' at once, and you will drop back and follow up with hiscattle. For the time being and to every stranger, you two will exchangenames. The Rebel is in charge of Forrest'
s cattle now, and Quince willdrop back with Paul's herd. Dave, here, gave me the slip on crossing theTexas Pacific in the lower country, but when we reach the Union Pacific,I want to know where he is, even if in jail. And I may be right therewith him, but we'll live high, for I've got a lot of their money."
Sponsilier reported his herd on the same side of the trail and aboutten miles to our rear. I had no objection to the change, for those aridplains were still to be preferred to the lock-up in Ogalalla. My onlyregret was in temporarily losing my mount; but as Dave's horses werenearly as good, no objection was urged, and promising, in case eitherlanded in jail, to send flowers, I turned back, leaving my employer withthe lead herd. Before starting, I learned that the "Drooping T" cattlewere in advance of Sponsilier's, and as I soldiered along on my wayback, rode several miles out of my way to console my old bunkie, TheRebel. He took my chaffing good-naturedly and assured me that his grayhairs were a badge of innocence which would excuse him on any charge.Turning, I rode back with him over a mile, this being my firstopportunity of seeing Forrest's beeves. The steers were large and rangy,extremely uniform in ages and weight, and in general relieved me ofconsiderable conceit that I had the best herd among the Buford cattle.With my vanity eased, I continued my journey and reached Sponsilier'sbeeves while they were watering. Again a surprise was in store for me,as the latter herd had, if any, the edge over the other two, while "TheApple" was by all odds the prettiest road brand I had ever seen. Iasked the acting segundo, a lad named Tupps, who cut the cattle whenreceiving; light was thrown on the situation by his reply.
"Old man Don joined the outfit the day we reached Uvalde," said he, "anduntil we began receiving, he poured it into our foreman that this yearthe cattle had to be something extra--muy escogido, as the Mexicans say.Well, the result was that Sponsilier went to work with ideas pitchedrather high. But in the first bunch received, the old man cut a prettylittle four-year-old, fully a hundred pounds too light. Dave and Mr.Lovell had a set-to over the beef, the old man refusing to cut himback, but he rode out of the herd and never again offered to interfere.Forrest was present, and at dinner that day old man Don admitted thathe was too easy when receiving. Sponsilier and Forrest did the trimmingafterward, and that is the secret of these two herds being so uniform."
A general halt was called at the head of Stinking Water. We were thenwithin forty miles of Ogalalla, and a day's drive would put us withinthe jurisdiction of Keith County. Some time was lost at this last water,waiting for the rear herds to arrive, as it was the intention to placethe "Open A" and "Drooping T" cattle at the rear in crossing this drybelt. At the ford on the Republican, a number of strangers were noticed,two of whom rode a mile or more with me, and innocently asked numerousbut leading questions. I frankly answered every inquiry, and truthfully,with the exception of the names of the lead foreman and my own. Direct,it was only sixty miles from the crossing on the Republican to Ogalalla,an easy night's ride, and I was conscious that our whereabouts wouldbe known at the latter place the next morning. For several days beforestarting across this arid stretch, we had watered at ten o'clock in themorning, so when Flood and Forrest came up, mine being the third herdto reach the last water, I was all ready to pull out. But old man Doncounseled another day's lie-over, as it would be a sore trial for theherds under a July sun, and for a full day twenty thousand beeves grazedin sight of each other on the mesas surrounding the head of StinkingWater. All the herds were aroused with the dawn, and after a few hours'sun on the cattle, the Indian beeves were turned onto the water and helduntil the middle of the forenoon, when the start was made for the Platteand Ogalalla.
I led out with "The Apple" cattle, throwing onto the trail for the firstten miles, which put me well in advance of Bob Quirk and Forrest,who were in my immediate rear. A well-known divide marked the halfwaybetween the two waters, and I was determined to camp on it that night.It was fully nine o'clock when we reached it, Don Lovell in the meantime having overtaken us. This watershed was also recognized as theline of Keith County, an organized community, and the next morningexpectation ran high as to what the day would bring forth. Lovellinsisted on staying with the lead herd, and pressing him in ashorse-wrangler, I sent him in the lead with the remuda and wagon, whileLevering fell into the swing with the trailing cattle. A breakfast haltwas made fully seven miles from the bed-ground, a change of mounts, andthen up divide, across mesa, and down slope at the foot of which ran thePlatte. Meanwhile several wayfaring men were met, but in order to avoidour dust, they took the right or unbranded side of our herd on meeting,and passed on their way without inquiry. Near noon a party of six men,driving a number of loose mounts and a pack-horse, were met, who alsotook the windward side. Our dragmen learned that they were on their wayto Dodge to receive a herd of range horses. But when about halfwaydown the slope towards the river, two mounted men were seen to halt theremuda and wagon for a minute, and then continue on southward. BillyTupps was on the left point, myself next in the swing; and as the twohorsemen turned out on the branded side, their identity was suspected.In reply to some inquiry, Tupps jerked his thumb over his shoulder asmuch as to say, "Next man." I turned out and met the strangers, who hadalready noted the road brand, and politely answered every question. Oneof the two offered me a cigar, and after lighting it, I did rememberhearing one of my boys say that among the herds lying over on the headof Stinking Water was an "Open A" and "Drooping T," but I was unable torecall the owner's or foremen's names. Complimenting me on the conditionof my beeves, and assuring me that I would have time to water my herdand reach the mesa beyond Ogalalla, they passed on down the column ofcattle.
I had given the cook an order on an outfitting house for new supplies,saying I would call or send a draft in the morning. A new bridge hadbeen built across the Platte opposite the town, and when nearingthe river, the commissary turned off the trail for it, but thehorse-wrangler for the day gave the bridge a wide berth and crossed thestream a mile below the village. The width of the river was a decidedadvantage in watering a thirsty herd, as it gave the cattle room tothrash around, filling its broad bed for fully a half mile. Fortunatelythere were few spectators, but I kept my eye on the lookout for acertain faction, being well disguised with dust and dirt and a month'sgrowth of beard. As we pushed out of the river and were crossing thetracks below the railroad yards, two other herds were sighted comingdown to the water, their remudas having forded above and below ourcattle. On scaling the bluffs, we could see the trail south of thePlatte on which arose a great column of dust. Lovell was waiting withthe saddle stock in the hills beyond the town, and on striking the firstgood grass, the cattle fell to grazing while we halted to await thearrival of the wagon. The sun was still several hours high, and whilewaiting for our commissary to come up, my employer and myself rode tothe nearest point of observation to reconnoitre the rear. Beneath uslay the hamlet; but our eyes were concentrated beyond the narrow Plattevalley on a dust-cloud which hung midway down the farther slope. As wewatched, an occasional breeze wafted the dust aside, and the sinuousoutline of a herd creeping forward greeted our vision. Below the townwere two other herds, distinctly separate and filling the river for overa mile with a surging mass of animals, while in every direction cattledotted the plain and valley. Turning aside from the panorama before us,my employer said:
"Tom, you will have time to graze out a few miles and camp to the leftof the trail. I'll stay here and hurry your wagon forward, and wait forBob and Quince. That lead herd beyond the river is bound to be Jim's,and he's due to camp on this mesa to-night, so these outfits must givehim room. If Dave and Paul are still free to act, they'll know enoughto water and camp on the south side of the Platte. I'll stay at Flood'swagon to-night, and you had better send a couple of your boys intotown and let them nose around. They'll meet lads from the 'Open A' and'Drooping T' outfits; and I'll send Jim and Bob in, and by midnightwe'll have a report of what's been done. If any one but an officer takespossession of those two herds, it'll put us to the trouble of retakingthem. And I think I've got
men enough here to do it."
CHAPTER XIII. JUSTICE IN THE SADDLE
It was an hour after the usual time when we bedded down the cattle. Thewagon had overtaken us about sunset, and the cook's fire piloted us intoa camp fully two miles to the right of the trail. A change of horses wasawaiting us, and after a hasty supper Tupps detailed two young fellowsto visit Ogalalla. It required no urging; I outlined clearly what wasexpected of their mission, requesting them to return by the way ofFlood's wagon, and to receive any orders which my employer might see fitto send. The horse-wrangler was pressed in to stand the guard of oneof the absent lads on the second watch, and I agreed to take the other,which fell in the third. The boys had not yet returned when our guardwas called, but did so shortly afterward, one of them hunting me up onnight-herd.
"Well," said he, turning his horse and circling with me, "we caught ontoeverything that was adrift. The Rebel and Sponsilier were both in town,in charge of two deputies. Flood and your brother went in with us, andwith the lads from the other outfits, including those across the river,there must have been twenty-five of Lovell's men in town. I noticed thatDave and The Rebel were still wearing their six-shooters, while amongthe boys the arrests were looked upon as quite a joke. The two deputieshad all kinds of money, and wouldn't allow no one but themselves tospend a cent. The biggest one of the two--the one who gave you thecigar--would say to my boss: 'Sponsilier, you're a trail foreman fromTexas--one of Don Lovell's boss men--but you're under arrest; yourcattle are in my possession this very minute. You understand that,don't you? Very well, then; everybody come up and have a drink onthe sheriff's office.' That was about the talk in every saloon anddance-hall visited. But when we proposed starting back to camp, aboutmidnight, the big deputy said to Flood: 'I want you to tell ColonelLovell that I hold a warrant for his arrest; urge him not to put me tothe trouble of coming out after him. If he had identified himself to methis afternoon, he could have slept on a goose-hair bed to-night insteadof out there on the mesa, on the cold ground. His reputation in thistown would entitle him to three meals a day, even if he was underarrest. Now, we'll have one more, and tell the damned old rascal thatI'll expect him in the morning.'"
We rode out the watch together. On returning to Flood's camp, they hadfound Don Lovell awake. The old man was pleased with the report, butsent me no special word except to exercise my own judgment. The cattlewere tired after their long tramp of the day before, the outfit weresaddle weary, and the first rays of the rising sun flooded the mesabefore men or animals offered to arise. But the duties of another daycommanded us anew, and with the cook calling us, we rose to meet them.I was favorably impressed with Tupps as a segundo, and after breakfastsuggested that he graze the cattle over to the North Platte, cross it,and make a permanent camp. This was agreed to, half the men wereexcused for the day, and after designating, beyond the river, a clump ofcottonwoods where the wagon would be found, seven of us turned and rodeback for Ogalalla. With picked mounts under us, we avoided the othercattle which could be seen grazing northward, and when fully halfway totown, there before us on the brink of the mesa loomed up the lead ofa herd. I soon recognized Jack Splann on the point, and taking a widecircle, dropped in behind him, the column stretching back a mile andcoming up the bluffs, forty abreast like an army in loose marchingorder. I was proud of those "Open A's;" they were my first herd, andthough in a hurry to reach town, I turned and rode back with them forfully a mile.
Splann was acting under orders from Flood, who had met him at theford that morning. If the cattle were in the possession of any deputysheriff, they had failed to notify Jack, and the latter had alreadystarted for the North Platte of his own accord. The "Drooping T" cattlewere in the immediate rear under Forrest's segundo, and Splann urged meto accompany him that forenoon, saying: "From what the boys said thismorning, Dave and Paul will not be given a hearing until two o'clockthis afternoon. I can graze beyond the North Fork by that time, and thenwe'll all go back together. Flood's right behind here with the 'DroopingT's,' and I think it's his intention to go all the way to the river.Drop back and see him."
The boys who were with me never halted, but had ridden on towards town.When the second herd began the ascent of the mesa, I left Splann andturned back, waiting on the brink for its arrival. As it would take thelead cattle some time to reach me, I dismounted, resting in the shade ofmy horse. But my rest was brief, for the clattering hoofs of a cavalcadeof horsemen were approaching, and as I arose, Quince Forrest and BobQuirk with a dozen or more men dashed up and halted. As their herds wereintended for the Crow and Fort Washakie agencies, they would naturallyfollow up the south side of the North Platte, and an hour or two ofgrazing would put them in camp. The Buford cattle, as well as Flood'sherd, were due to cross this North Fork of the mother Platte within tenmiles of Ogalalla, their respective routes thenceforth being north andnortheast. Forrest, like myself, was somewhat leary of entering thetown, and my brother and the boys passed on shortly, leaving Quincebehind. We discussed every possible phase of what might happen in casewe were recognized, which was almost certain if Tolleston or the Dodgebuyers were encountered. But an overweening hunger to get into Ogalallawas dominant in us, and under the excuse of settling for our supplies,after the herd passed, we remounted our horses, Flood joining us, androde for the hamlet.
There was little external and no moral change in the town. Several newsaloons had opened, and in anticipation of the large drive that year,the Dew-Drop-In dance-hall had been enlarged, and employed three shiftsof bartenders. A stage had been added with the new addition, and aspecial importation of ladies had been brought out from Omaha for theseason. I use the term LADIES advisedly, for in my presence one of theproprietors, with marked courtesy, said to an Eastern stranger, "Oh,no, you need no introduction. My wife is the only woman in town; all thebalance are ladies." Beyond a shave and a hair-cut, Forrest and I foughtshy of public places. But after the supplies were settled for, and somenew clothing was secured, we chambered a few drinks and swaggered aboutwith considerable ado. My bill of supplies amounted to one hundred andtwenty-six dollars, and when, without a word, I drew a draft for theamount, the proprietor of the outfitting store, as a pelon, made me apresent of two fine silk handkerchiefs.
Forrest was treated likewise, and having invested ourselves in whiteshirts, with flaming red ties, we used the new handkerchiefs tootherwise decorate our persons. We had both chosen the brightest colors,and with these knotted about our necks, dangling from pistol-pockets,or protruding from ruffled shirt fronts, our own mothers would scarcelyhave known us. Jim Flood, whom we met casually on a back street,stopped, and after circling us once, said, "Now if you fellows just keepperfectly sober, your disguise will be complete."
Meanwhile Don Lovell had reported at an early hour to the sheriff'soffice. The legal profession was represented in Ogalalla by severalfirms, criminal practice being their specialty; but fortunately MikeSutton, an attorney of Dodge, had arrived in town the day before on alegal errand for another trail drover. Sutton was a frontier advocate,alike popular with the Texas element and the gambling fraternity, havingachieved laurels in his home town as a criminal lawyer. Mike was born onthe little green isle beyond the sea, and, gifted with the Celtic wit,was also in logic clear as the tones of a bell, while his insight intohuman motives was almost superhuman. Lovell had had occasion in otheryears to rely on Sutton's counsel, and now would listen to no refusal ofhis services. As it turned out, the lawyer's mission in Ogalalla wasso closely in sympathy with Lovell's trouble that they naturallystrengthened each other. The highest tribunal of justice in Ogalalla wasthe county court, the judge of which also ran the stock-yards duringthe shipping season, and was banker for two monte games at the Lone Starsaloon. He enjoyed the reputation of being an honest, fearless jurist,and supported by a growing civic pride, his decisions gave satisfaction.A sense of crude equity governed his rulings, and as one of the citizensremarked, "Whatever the judge said, went." It should be remembered thatthis was in '84, but had a similar trouble oc
curred five years earlier,it is likely that Judge Colt would have figured in the preliminaries,and the coroner might have been called on to impanel a jury. But therudiments of civilization were sweeping westward, and Ogalalla wasnerved to the importance of the occasion; for that very afternoon ahearing was to be given for the possession of two herds of cattle,valued at over a quarter-million dollars.
The representatives of The Western Supply Company were quartered inthe largest hotel in town, but seldom appeared on the streets. They hademployed a firm of local attorneys, consisting of an old and a youngman, both of whom evidently believed in the justice of their client'scause. All the cattle-hands in Lovell's employ were anxious to get aglimpse of Tolleston, many of them patronizing the bar and table of thesame hostelry, but their efforts were futile until the hour arrived forthe hearing. They probably have a new court-house in Ogalalla now, butat the date of this chronicle the building which served as a templeof justice was poorly proportioned, its height being entirely out ofrelation to its width. It was a two-story affair, the lower floorbeing used for county offices, the upper one as the court-room. A longstairway ran up the outside of the building, landing on a gallery infront, from which the sheriff announced the sitting of the honorablecourt of Keith County. At home in Texas, lawsuits were so rare thatthough I was a grown man, the novelty of this one absorbed me. Quite alarge crowd had gathered in advance of the hour, and while awaitingthe arrival of Judge Mulqueen, a contingent of fifteen men from thetwo herds in question rode up and halted in front of the court-house.Forrest and I were lying low, not caring to be seen, when the threeplaintiffs, the two local attorneys, and Tolleston put in an appearance.The cavalcade had not yet dismounted, and when Dorg Seay caught sightof Tolleston, he stood up in his stirrups and sang out, "Hello there,Archibald! my old college chum, how goes it?"
Judge Mulqueen had evidently dressed for the occasion, for with theexception of the plaintiffs, he was the only man in the court-room whowore a coat. The afternoon was a sultry one; in that first bottom of thePlatte there was scarcely a breath of air, and collars wilted limp asrags. Neither map nor chart graced the unplastered walls, the unpaintedfurniture of the room was sadly in need of repair, while a musty odorpermeated the room. Outside the railing the seating capacity of thecourt-room was rather small, rough, bare planks serving for seats, butthe spectators gladly stood along the sides and rear, eager to catchevery word, as they silently mopped the sweat which oozed alike fromcitizen and cattleman. Forrest and I were concealed in the rear, whichwas packed with Lovell's boys, when the judge walked in and court openedfor the hearing. Judge Mulqueen requested counsel on either side to beas brief and direct as possible, both in their pleadings and testimony,adding: "If they reach the stock-yards in time, I may have to load outa train of feeders this evening. We'll bed the cars, anyhow." Turning tothe sheriff, he continued: "Frank, if you happen outside, keep an eye upthe river; those Lincoln feeders made a deal yesterday for five hundredthree-year-olds.--Read your complaint."
The legal document was read with great fervor and energy by theyounger of the two local lawyers. In the main it reviewed the situationcorrectly, every point, however, being made subservient to theirobject,--the possession of the cattle. The plaintiffs contended thatthey were the innocent holders of the original contract between thegovernment and The Western Supply Company, properly assigned; that theyhad purchased these two herds in question, had paid earnest-money tothe amount of sixty-five thousand dollars on the same, and concluded bypetitioning the court for possession. Sutton arose, counseled a momentwith Lovell, and borrowing a chew of tobacco from Sponsilier, leisurelyaddressed the court.
"I shall not trouble your honor by reading our reply in full, butbriefly state its contents," said he, in substance. "We admit that theherds in question, which have been correctly described by road brandsand ages, are the property of my client. We further admit that the twotrail foremen here under arrest as accessories were acting under theorders of their employer, who assumes all responsibility for their acts,and in our pleadings we ask this honorable court to discharge them fromfurther detention. The earnest-money, said to have been paid on theseherds, is correct to a cent, and we admit having the amount in ourpossession. But," and the little advocate's voice rose, rich in itsIrish brogue, "we deny any assignment of the original contract. TheWestern Supply Company is a corporation name, a shield and fence ofthieves. The plaintiffs here can claim no assignment, because theythemselves constitute the company. It has been decided that a man cannotsteal his own money, neither can he assign from himself to himself. Weshall prove by a credible witness that The Western Supply Company isbut another name for John C. Fields, Oliver Radcliff, and the portlygentleman who was known a year ago as 'Honest' John Griscom, one of hismany aliases. If to these names you add a few moneyed confederates, youhave The Western Supply Company, one and the same. We shall also provethat for years past these same gentlemen have belonged to a ring, allbrokers in government contracts, and frequently finding it necessary touse assumed names, generally that of a corporation."
Scanning the document in his hand, Sutton continued: "Our motive inselling and accepting money on these herds in Dodge demands a word ofexplanation. The original contract calls for five million pounds of beefon foot to be delivered at Fort Buford. My client is a sub-contractorunder that award. There are times, your honor, when it becomes necessaryto resort to questionable means to attain an end. This is one of them.Within a week after my client had given bonds for the fulfillment of hiscontract, he made the discovery that he was dealing with adouble-faced set of scoundrels. From that day until the present moment,secret-service men have shadowed every action of the plaintiffs. Myclient has anticipated their every move. When beeves broke in pricefrom five to seven dollars a head, Honest John, here, made his boasts inWashington City over a champagne supper that he and his associates wouldclear one hundred thousand dollars on their Buford contract. Let usreason together how this could be done. The Western Supply Companyrefused, even when offered a bonus, to assign their contract to myclient. But they were perfectly willing to transfer it, from themselvesas a corporation, to themselves as individuals, even though they hadpreviously given Don Lovell a subcontract for the delivery of the bees.The original award was made seven months ago, and the depreciation incattle since is the secret of why the frog eat the cabbage. My client isunder the necessity of tendering his cattle on the day of delivery, andproposes to hold this earnest-money to indemnify himself in case of anadverse decision at Fort Buford. It is the only thing he can do, as TheWestern Supply Company is execution proof, its assets consisting of somestud-horse office furniture and a corporate seal. On the other hand, DonLovell is rated at half a million, mostly in pasture lands; is a citizenof Medina County, Texas, and if these gentlemen have any grievance, letthem go there and sue him. A judgment against my client is good. Now,your honor, you have our side of the question. To be brief, shall theseold Wisinsteins come out here from Washington City and dispossess anyman of his property? There is but one answer--not in the Republic ofKeith."
All three of the plaintiffs took the stand, their testimony supportingthe complaint, Lovell's attorney refusing even to cross-examine anyone of them. When they rested their case Sutton arose, and scanning theaudience for some time, inquired, "Is Jim Reed there?" In response, atall, one-armed man worked his way from the outer gallery through thecrowd and advanced to the rail. I knew Reed by sight only, my middlebrother having made several trips with his trail cattle, but he wasknown to every one by reputation. He had lost an arm in the Confederateservice, and was recognized by the gambling fraternity as the gamest manamong all the trail drovers, while every cowman from the Rio Grande tothe Yellowstone knew him as a poker-player. Reed was asked to take thestand, and when questioned if he knew either of the plaintiffs, said:
"Yes, I know that fat gentleman, and I'm powerful glad to meet up withhim again," replied the witness, designating Honest John. "That man isso crooked that he can't sleep in a bed, and it's one of th
e wondersof this country that he hasn't stretched hemp before this. I made hisacquaintance as manager of The Federal Supply Company, and deliveredthree thousand cows to him at the Washita Indian Agency last fall. Inthe final settlement, he drew on three different banks, and one draft oftwenty-eight thousand dollars came back, indorsed, DRAWEE UNKNOWN. Ihad other herds on the trail to look after, and it was a month before Ifound out that the check was bogus, by which time Honest John had sailedfor Europe. There was nothing could be done but put my claim into ajudgment and lay for him. But I've got a grapevine twist on him now, forno sooner did he buy a herd here last week than Mr. Sutton transferredthe judgment to this jurisdiction, and his cattle will be attached thisafternoon. I've been on his trail for nearly a year, but he'll come tome now, and before he can move his beeves out of this county, the lastcent must come, with interest, attorney's fees, detective bills, andremuneration for my own time and trouble. That's the reason that I'm soglad to meet him. Judge, I've gone to the trouble and expense to get hisrecord for the last ten years. He's so snaky he sheds his name yearly,shifting for a nickname from Honest John to The Quaker. In '80 he andhis associates did business under the name of The Army & Sutler SupplyCompany, and I know of two judgments that can be bought very reasonableagainst that corporation. His record would convince any one that hedespises to make an honest dollar."
The older of the two attorneys for the plaintiffs asked a few questions,but the replies were so unsatisfactory to their side, that they soonpassed the witness. During the cross-questioning, however, the sheriffhad approached the judge and whispered something to his honor. As therewere no further witnesses to be examined, the local attorneys insistedon arguing the case, but Judge Mulqueen frowned them down, saying:
"This court sees no occasion for any argument in the present case. Youmight spout until you were black in the face and it wouldn't change myopinion any; besides I've got twenty cars to send and a train of cattleto load out this evening. This court refuses to interfere with the herdsin question, at present the property of and in possession of Don Lovell,who, together with his men, are discharged from custody. If you're intown to-night, Mr. Reed, drop into the Lone Star. Couple of nice montegames running there; hundred-dollar limit, and if you feel lucky,there's a nice bank roll behind them. Adjourn court, Mr. Sheriff."
