CHAPTER XV. TOLLESTON BUTTS IN
Morning dawned on a scene of pastoral grandeur. The valley of the NorthPlatte was dotted with cattle from hill and plain. The river, wellconfined within its low banks, divided an unsurveyed domain ofgreen-swarded meadows like a boundary line between vast pastures. Theexodus of cattle from Texas to the new Northwest was nearing flood-tide,and from every swell and knoll the solitary figure of the herdsmangreeted the rising sun.
Sponsilier and I had agreed to rejoin our own outfits at the firstopportunity. We might have exchanged places the evening before, but Ihad a horse and some ammunition at Dave's camp and was just contentiousenough not to give up a single animal from my own mount. On the otherhand, Mr. Dave Sponsilier would have traded whole remudas with me; butmy love for a good horse was strong, and Fort Buford was many a wearymile distant. Hence there was no surprise shown as Sponsilier rode up tohis own wagon that morning in time for breakfast. We were good friendswhen personal advantages did not conflict, and where our employer'sinterests were at stake we stood shoulder to shoulder like comrades. YetDave gave me a big jolly about being daffy over my horses, well knowingthat there is an indescribable nearness between one of our craft and hisown mount. But warding off his raillery, just the same and in due time,I cantered away on my own horse.
As I rode up the North Fork towards my outfit, the attached herd wasin plain view across the river. Arriving at my own wagon, I saw a muteappeal in every face for permission to go to town, and consent wasreadily granted to all who had not been excused on a similar errandthe day before. The cook and horse-wrangler were included, and theactivities of the outfit in saddling and getting away were suggestive ofa prairie fire or a stampede. I accompanied them across the river, andthen turned upstream to my brother's camp, promising to join them laterand make a full day of it. At Bob's wagon they had stretched a fly, andin its shade lounged half a dozen men, while an air of languid indolencepervaded the camp. Without dismounting, I announced myself as on the wayto town, and invited any one who wished to accompany me. Lovell and Reedboth declined; half of Bob's men had been excused and started an hourbefore, but my brother assured me that if I would wait until the deposedforeman returned, the latter's company could be counted on. I waited,and in the course of half an hour the trail boss came back from hiscattle. During the interim, the two old cowmen reviewed Grant's siege ofVicksburg, both having been participants, but on opposite sides. Whilethe guest was shifting his saddle to a loaned horse, I inquired if therewas anything that I could attend to for any one at Ogalalla. Lovellcould think of nothing; but as we mounted to start, Reed arousedhimself, and coming over, rested the stub of his armless sleeve on myhorse's neck, saying:
"You boys might drop into the sheriff's office as you go in and alsoagain as you are starting back. Report the cattle as having spent aquiet night and ask Phillips if he has any word for me."
Turning to the trail boss he continued: "Young man, I would suggest thatyou hunt up your employer and have him stir things up. The cattle willbe well taken care of, but we're just as anxious to turn them back toyou as you are to receive them. Tell the seller that it would be wellworth his while to see Lovell and myself before going any farther. Wecan put him in possession of a few facts that may save him time andtrouble. I reckon that's about all. Oh, yes, I'll be at this wagon allevening."
My brother rode a short distance with us and introduced the stranger asHugh Morris. He proved a sociable fellow, had made three trips up thetrail as foreman, his first two herds having gone to the Cherokee Stripunder contract. By the time we reached Ogalalla, as strong a fraternallevel existed between us as though we had known each other for years.Halting for a moment at the sheriff's office, we delivered our messages,after which we left our horses at the same corral with the understandingthat we would ride back together. A few drinks were indulged in beforeparting, then each went to attend to his own errands, but we metfrequently during the day. Once my boys were provided with funds, theyfell to gambling so eagerly that they required no further thought on mypart until evening. Several times during the day I caught glimpses ofTolleston, always on horseback, and once surrounded by quite a cavalcadeof horsemen. Morris and I took dinner at the hotel where the trio ofgovernment jobbers were stopping. They were in evidence, and amongstthe jolliest of the guests, commanding and receiving the best thatthe hostelry afforded. Sutton was likewise present, but quiet andunpretentious, and I thought there was a false, affected note in thehilarity of the ringsters, and for effect. I was known to two of thetrio, but managed to overhear any conversation which was adrift. Afterdinner and over fragrant cigars, they reared their feet high on an outergallery, and the inference could be easily drawn that a contract, unlessit involved millions, was beneath their notice.
Morris informed me that his employer's suspicions were aroused, andthat he had that morning demanded a settlement in full or the immediaterelease of the herd. They had laughed the matter off as a mere incidentthat would right itself at the proper time, and flashed as references alist of congressmen, senators, and bankers galore. But Morris's employerhad stood firm in his contentions, refusing to be overawed by flatteryor empty promises. What would be the result remained to be seen, and theforeman and myself wandered aimlessly around town during the afternoon,meeting other trail bosses, nearly all of whom had heard more or lessabout the existing trouble. That we had the sympathy of the cattleinterests on our side goes without saying, and one of them, known as"the kidgloved foreman," a man in the employ of Shanghai Pierce, invokedthe powers above to witness what would happen if he were in Lovell'sboots. This was my first meeting with the picturesque trail boss, thoughI had heard of him often and found him a trifle boastful but not a badfellow. He distinguished himself from others of his station on the trailby always wearing white shirts, kid gloves, riding-boots, inlaid spurs,while a heavy silver chain was wound several times round a costlysombrero in lieu of a hatband. We spent an hour or more together,drinking sparingly, and at parting he begged that I would assure myemployer that he sympathized with him and was at his command.
The afternoon was waning when I hunted up my outfit and started themfor camp. With one or two exceptions, the boys were broke and perfectlywilling to go. Morris and I joined them at the livery where they hadleft their horses, and together we started out of town. Ordering themto ride on to camp, and saying that I expected to return by way of BobQuirk's wagon, Morris and myself stopped at the court-house. SheriffPhillips was in his office and recognized us both at a glance. "Well,she's working," said he, "and I'll probably have some word for you latethis evening. Yes, one of the local attorneys for your friends came inand we figured everything up. He thought that if this office would throwoff a certain per cent. of its expense, and Reed would knock off theinterest, his clients would consent to a settlement. I told him to goright back and tell his people that as long as they thought that way,it would only cost them one hundred and forty dollars every twenty-fourhours." The lawyer was back within twenty minutes, bringing a draft,covering every item, and urged me to have it accepted by wire. The bankwas closed, but I found the cashier in a poker-game and played his handwhile he went over to the depot and sent the message. "The operator hasorders to send a duplicate of the answer to this office, and the momentI get it, if favorable, I'll send a deputy with the news over to theNorth Fork. Tell Reed that I think the check's all right this time, butwe'll stand pat until we know for a certainty. We'll get an answer bymorning sure."
The message was hailed with delight at Bob Quirk's wagon. On nearing theriver, Morris rode by way of the herd to ask the deputies in charge toturn the cattle up the river towards his camp. Several of the foreman'smen were waiting at my brother's wagon, and on Morris's return heordered his outfit to meet the beeves the next morning and be inreadiness to receive them back. Our foremen were lying around temporaryheadquarters, and as we were starting for our respective camps for thenight, Lovell suggested that we hold our outfits all ready to move outwith the herds on an hour's notice. Acco
rdingly the next morning, Irefused every one leave of absence, and gave special orders to thecook and horse-wrangler to have things in hand to start on an emergencyorder. Jim Flood had agreed to wait for me, and we would recross theriver together and hear the report from the sheriff's office. Forrestand Sponsilier rode up about the same time we arrived at his wagon, andall four of us set out for headquarters across the North Fork. The sunwas several hours high when we reached the wagon, and learned that anofficer had arrived during the night with a favorable answer, that thecattle had been turned over to Morris without a count, and that thedeputies had started for town at daybreak.
"Well, boys," said Lovell, as we came in after picketing our horses,"Reed, here, wins out, but we're just as much at sea as ever. I'velooked the situation over from a dozen different viewpoints, and theonly thing to do is graze across country and tender our cattle at FortBuford. It's my nature to look on the bright side of things, and yet I'mold enough to know that justice, in a world so full of injustice, is ararity. By allowing the earnest-money paid at Dodge to apply, some kindof a compromise might be effected, whereby I could get rid of two ofthese herds, with three hundred saddle horses thrown back on my hands atthe Yellowstone River. I might dispose of the third herd here and givethe remuda away, but at a total loss of at least thirty thousand dollarson the Buford cattle. But then there's my bond to The Western SupplyCompany, and if this herd of Morris's fails to respond on the day ofdelivery, I know who will have to make good. An Indian uprising, or theenforcement of quarantine against Texas fever, or any one of a dozenthings might tie up the herd, and September the 15th come and go and nobeef offered on the contract. I've seen outfits start out and neverget through with the chuck-wagon, even. Sutton's advice is good; we'lltender the cattle. There is a chance that we'll get turned down, but ifwe do, I have enough indemnity money in my possession to temper the windif the day of delivery should prove a chilly one to us. I think you hadall better start in the morning."
The old man's review of the situation was a rational one, in which JimReed and the rest of us concurred. Several of the foremen, among themmyself, were anxious to start at once, but Lovell urged that we killa beef before starting and divide it up among the six outfits. He alsoproposed to Flood that they go into town during the afternoon and freelyannounce our departure in the morning, hoping to force any issue thatmight be smouldering in the enemy's camp. The outlook for an earlydeparture was hailed with delight by the older foremen, and we youngerand more impulsive ones yielded. The cook had orders to get up somethingextra for dinner, and we played cards and otherwise lounged around untilthe midday meal was announced as ready. A horse had been gotten up forLovell to ride and was on picket, all the relieved men from the attachedherd were at Bob's wagon for dinner, and jokes and jollity graced theoccasion. But near the middle of the noon repast, some one sighteda mounted man coming at a furious pace for the camp, and shortly thehorseman dashed up and inquired for Lovell. We all arose, when themessenger dismounted and handed my employer a letter. Tearing open themissive, the old man read it and turned ashy pale. The message was fromMike Sutton, stating that a fourth member of the ring had arrived duringthe forenoon, accompanied by a United States marshal from the federalcourt at Omaha; that the officer was armed with an order of injunctiverelief; that he had deputized thirty men whom Tolleston had gathered,and proposed taking possession of the two herds in question thatafternoon.
"Like hell they will," said Don Lovell, as he started for his horse. Hisaction was followed by every man present, including the one-armed guest,and within a few minutes thirty men swung into saddles, subject toorders. The camps of the two herds at issue were about four and fivemiles down and across the river, and no doubt Tolleston knew of theirlocation, as they were only a little more than an hour's ride fromOgalalla. There was no time to be lost, and as we hastily gatheredaround the old man, he said: "Ride for your outfits, boys, and bringalong every man you can spare. We'll meet north of the river aboutmidway between Quince's and Tom's camps. Bring all the cartridges youhave, and don't spare your horses going or coming."
Priest's wagon was almost on a line with mine, though south of theriver. Fortunately I was mounted on one of the best horses in my string,and having the farthest to go, shook the kinks out of him as old Pauland myself tore down the mesa. After passing The Rebel's camp, I held mycourse as long as the footing was solid, but on encountering the firstsand, crossed the river nearly opposite the appointed rendezvous. TheNorth Platte was fordable at any point, flowing but a midsummer stageof water, with numerous wagon crossings, its shallow channel being aboutone hundred yards wide. I reined in my horse for the first time near themiddle of the stream, as the water reached my saddle-skirts; when I cameout on the other side, Priest and his boys were not a mile behind me. AsI turned down the river, casting a backward glance, squads of horsemenwere galloping in from several quarters and joining a larger one whichwas throwing up clouds of dust like a column of cavalry. In making acut-off to reach my camp, I crossed a sand dune from which I sighted themarshal's posse less than two miles distant. My boys were gambling amongthemselves, not a horse under saddle, and did not notice my approachuntil I dashed up. Three lads were on herd, but the rest, includingthe wrangler, ran for their mounts on picket, while Parent and myselfransacked the wagon for ammunition. Fortunately the supply of the latterwas abundant, and while saddles were being cinched on horses, the cookand I divided the ammunition and distributed it among the men. Thefew minutes' rest refreshed my horse, but as we dashed away, the boysyelling like Comanches, the five-mile ride had bested him and he fellslightly behind. As we turned into the open valley, it was a question ifwe or the marshal would reach the stream first; he had followed an oldwood road and would strike the river nearly opposite Forrest's camp.The horses were excited and straining every nerve, and as we nearedour crowd the posse halted on the south side and I noticed a conveyanceamong them in which were seated four men. There was a moment'sconsultation held, when the posse entered the water and began fordingthe stream, the vehicle and its occupants remaining on the other side.We had halted in a circle about fifty yards back from the river-bank,and as the first two men came out of the water, Don Lovell rode forwardseveral lengths of his horse, and with his hand motioned to them tohalt. The leaders stopped within easy speaking distance, the remainderof the posse halting in groups at their rear, when Lovell demanded themeaning of this demonstration.
An inquiry and answer followed identifying the speakers. "In pursuanceof an order from the federal court of this jurisdiction," continued themarshal, "I am vested with authority to take into my custody two herds,numbering nearly seven thousand beeves, now in your possession, andrecently sold to Field, Radcliff & Co. for government purposes. Ipropose to execute my orders peaceably, and any interference on yourpart will put you and your men in contempt of government authority. Ifresistance is offered, I can, if necessary, have a company of UnitedStates cavalry here from Fort Logan within forty-eight hours to enforcethe mandates of the federal court. Now my advice to you would be to turnthese cattle over without further controversy."
"And my advice to you," replied Lovell, "is to go back to your federalcourt and tell that judge that as a citizen of these United States, andone who has borne arms in her defense, I object to having snap judgmentrendered against me. If the honorable court which you have the pleasureto represent is willing to dispossess me of my property in favor ofa ring of government thieves, and on only hearing one side of thequestion, then consider me in contempt. I'll gladly go back to Omahawith you, but you can't so much as look at a hoof in my possession. Nowcall your troops, or take me with you for treating with scorn the ordersof your court."
Meanwhile every man on our side had an eye on Archie Tolleston, whohad gradually edged forward until his horse stood beside that of themarshal. Before the latter could frame a reply to Lovell's ultimatum,Tolleston said to the federal officer:
"Didn't my employers tell you that the old ---- -- -- ---- would defyyou without a demonst
ration of soldiers at your back? Now, the laugh'son you, and--"
"No, it's on you," interrupted a voice at my back, accompanied by apistol report. My horse jumped forward, followed by a fusillade of shotsbehind me, when the hireling deputies turned and plunged into the river.Tolleston had wheeled his horse, joining the retreat, and as I broughtmy six-shooter into action and was in the act of leveling on him, hereeled from the saddle, but clung to the neck of his mount as the animaldashed into the water. I held my fire in the hope that he would right inthe saddle and afford me a shot, but he struck a swift current, releasedhis hold, and sunk out of sight. Above the din and excitement of themoment, I heard a voice which I recognized as Reed's, shouting, "Cutloose on that team, boys! blaze away at those harness horses!" Evidentlythe team had been burnt by random firing, for they were rearing andplunging, and as I fired my first shot at them, the occupants sprang outof the vehicle and the team ran away. A lull occurred in the shooting,to eject shells and refill cylinders, which Lovell took advantage of byordering back a number of impulsive lads, who were determined to followup the fleeing deputies.
"Come back here, you rascals, and stop this shooting!" shouted the oldman. "Stop it, now, or you'll land me in a federal prison for life!Those horsemen may be deceived. When federal courts can be deluded withsugar-coated blandishments, ordinary men ought to be excusable."
Six-shooters were returned to their holsters. Several horses and two menon our side had received slight flesh wounds, as there had been a randomreturn fire. The deputies halted well out of pistol range, covering theretreat of the occupants of the carriage as best they could, but leavingthree dead horses in plain view. As we dropped back towards Forrest'swagon, the team in the mean time having been caught, those on footwere picked up and given seats in the conveyance. Meanwhile a remuda ofhorses and two chuck-wagons were sighted back on the old wood road, buta horseman met and halted them and they turned back for Ogalalla. Onreaching our nearest camp, the posse south of the river had started ontheir return, leaving behind one of their number in the muddy waters ofthe North Platte.
Late that evening, as we were preparing to leave for our respectivecamps, Lovell said to the assembled foremen: "Quince will take Reed andme into Ogalalla about midnight. If Sutton advises it, all three of uswill go down to Omaha and try and square things. I can't escape a severefine, but what do I care as long as I have their money to pay it with?The killing of that fool boy worries me more than a dozen fines. Itwas uncalled for, too, but he would butt in, and you fellows were allitching for the chance to finger a trigger. Now the understanding isthat you all start in the morning."