CHAPTER II
"Me, Tom Tuttle, holding up my hands while a fellow takes my gun! Whatwill Emerson Mead say to that! Well, I reckon he wouldn't have donedifferent, for Emerson's got good judgment."
Such was Tuttle's soliloquy as he mounted the gradual ascent of therange that bounded the plain on the west. Alternately he chuckled andslapped his thigh in appreciation of the joke on himself, and explodedan indignant oath as mortified pride asserted itself.
After a time he espied a black dot in a halo of dust coming down themountain side. He considered it a moment and then decided, "It's a manon horseback." He took out his revolver and, holding it in his hand,made another scrutiny of the approaching figure.
"Je-e-mima! If he don't ride like Nick Ellhorn! I shouldn't wonder ifit's Nick!"
Presently the figure flourished a black sombrero and down the dustyroad came a yell which began full-lunged and ended in a screeching"whee-ee-e." Tuttle answered with a loud "hello," and both men putspurs to their horses and were soon shaking hands.
"What's the news at Plumas and out at Emerson's?" asked Tuttle.
"Oh, things are fairly quiet at Plumas just now, but you never knowwhen hell is going to break loose there. You're just in time, though,for Emerson's up to his ears in fight. Goin' to stay?"
"I will if Emerson needs me. I've been with Marshal Black over toMillbank after some counterfeiters from Colorado. He took 'em back,and, as he didn't need me, I thought I'd just ride over here and seeif you-all mightn't be in trouble and need some help."
"Ain't after anybody, then?"
"No. But, say, Nick! I struck the darndest outfit last night! I gotregularly held up!"
"What! You! Held up?"
"Yes, I did. Sat with my hands in the air like a fool tenderfoot whilea man took my gun and cross-questioned me like a lawyer."
Ellhorn rolled and rocked on his horse with laughter. When he couldspeak he demanded the whole story, which Tuttle told him in detail.
"What was their lay?" he asked.
"I'll give it up. I've thought of everything I could, and there ain'ta blamed thing that'll explain it."
"Tommy, I reckon they need to be arrested about as bad as two men everneeded anything. Come along and we'll corral 'em."
"We've got no warrants, Nick!"
"Haven't you got any in your pockets?"
"Yes, but not for them."
"Tommy, you're a deputy marshal, and that outfit took you at adisadvantage and misused you shameful. You're an officer of the law,Tommy, and it was as bad as contempt of court! It's our duty to arrest'em for it and bring 'em in."
"But we can't do it without warrants, Nick."
Ellhorn took some papers from his pocket and looked them over. "I'mlookin' for a Mexican named Antonio Diaz," he said. "Here's thewarrant for his arrest. Violation of the Edmunds act. You say one ofthese men was a Mexican. I think likely he's Antonio. We'll go andfind out. Never mind tellin' me how he looked," he went on hastily, asTuttle began to speak. "It's likely he's Antonio, and it's my duty togo and find out. Of course, they'll resist arrest, and then they'llget their punishment for the way they treated you."
Tuttle looked disapproving. "Nick, what do you think would beEmerson's judgment?"
"Emerson ain't here, and I'm acting on my own judgment, which is to goafter this outfit and pepper 'em full of holes if they're sassy."
Tuttle shook his head. "I don't like the scheme."
"Well, it ain't your scheme, and you don't have to like it. I think weought to go after these men right now. They've done something theyought to be arrested for. And, anyway, they ought to be punished forholdin' you up."
"Nick, I'd go with you in a minute, you know I would, if we had awarrant for 'em, or if I had any reason to think that the Mexican isthe man you want. You don't think so yourself. They might have blowedmy brains out any minute, and nobody would ever have known a thingabout it. But they didn't and I reckon they treated me as white asthey could and look after their own interests. It's my judgment, and Ithink it would be Emerson's, too, that it would be a mean trick for meto come up behind 'em and begin shootin', just for holdin' me up, whenthey might have treated me a whole heap worse. I won't go with you,Nick."
"Sure, then, and I'll go alone," Ellhorn responded cheerfully.
"They'll be two to one."
"Not very long, I reckon."
"Better wait a few days, Nick, till you can go after 'em legally."
"They'll be out of the country by that time. I'm under no obligationsto be kind to 'em, and I don't mean to be. I'm goin' to camp on theirtrail right now." He dismounted and cinched up his saddle andinspected his revolver.
Tuttle regarded him dubiously and in silence until he remounted. Thenhe said, slowly: "Well, my judgment's against it, Nick, but I won'tsee you go off alone into any such scrape as this is bound to be.I'll go with you, but I won't do any shootin'--unless you need memighty bad."
They galloped back to the scene of Tuttle's captivity the nightbefore. They found the trail of the wagon, and followed it rapidlytoward the north. Soon they saw a glaring white line against thehorizon. "There's the White Sands," said Ellhorn. "We ought to catch'em before they get there." A few moments later they came within sightof the wagon. Tuttle and Ellhorn spurred their horses to a quickerpace and when they were within hailing distance Ellhorn shouted to itstwo occupants to surrender. Their only response was to put whip totheir horses, and Ellhorn sent a pistol ball whizzing past them. Theyreplied in kind and a quick fusillade began. Tuttle rode silentlybeside his companion, not even drawing his six-shooter from itsholster. A bullet bit into the rim of his sombrero, and he grumbled abig oath under his breath. Another nicked the ear of Ellhorn's horse.In the wagon, the Mexican was crouched in the bottom, shooting frombehind the seat, apparently taking careful aim. The tall man stood up,lashing the horses furiously. He turned, holding the reins in onehand, and with the other discharged another volley, necessarilysomewhat at random. But it came near doing good execution, for onebullet went through Tuttle's sleeve and another singed the shoulder ofEllhorn's coat.
"Whee-ee-e!" shouted Ellhorn. "Sure, and I've winged him! I've hit thebig one in the leg!"
The next moment his pistol dropped to the ground. A bullet from theMexican's Winchester had plowed through his right arm. Tuttle, who hadnot even put hand to his revolver, drew rein beside him while theother men stopped shooting and devoted all their energies to gettingaway as quickly as possible. Tuttle tore strips from his shirt withwhich to bind Ellhorn's wound, and persuaded him to return to LasPlumas, where he could have the services of a physician.
"I guess I'll have to, Tom," he said regretfully. "I'd like to goafter 'em and finish this job up right now. I got one into the bigone, but that's nothin' to what they deserve. Lord! but they need tobe peppered full of holes! But I can't fight now, and you won't, soit's no use."
As they rode back Tuttle said: "You say that Emerson's up to his earsin fight? What's it about? That cattle business?"
"Yes, that's it. You know he's been havin' trouble for some time withColonel Whittaker and the Fillmore Cattle Company, and I reckon hell'sa-popping over there by this time. Colonel Whittaker--he's manager ofthe company now, and one of the stock-holders--wants to corral thewhole blamed country for his range. Well, there's Emerson Mead has hadhis range for the last five years, and Willet still longer, andMcAlvin and Brewer, they've been there a long time, too, and they allsay they've got more right to the range than the company has, becausethey own the water holes, and they don't propose to be crowded out byno corporation. But I reckon they'll have to fight for their rights ifthey get 'em."
"How's Whittaker off for men? Got anybody that can shoot?"
"You bet he has. Young Will Whittaker is mighty near as good a shot asEmerson is. He does most of the managing at their ranch headquarters,while the old man works politics over in Plumas."
"Have they had any fights yet?"
"I haven't seen Emerson for a month. He was over in Plumas
then and hesaid he expected to have trouble and wanted me to come out."
"You don't mean to say that the Fillmore outfit is really tryin' todrive Emerson and the rest of them out of the Fernandez mountains?"
"Well, they want to get control of the whole range for about a hundredmiles, if they can. And there's some politics mixed up in it, ofcourse. Old Whittaker is a Republican, you know, with a lot ofpolitical schemes he wants to put through. Of course Emerson and theothers are Democrats and stand in with the party, and the Colonelthinks he'll be doing the Republicans a big service if he can breakthem up. Emerson expected the trouble to come to a head over thespring round-up, for Colonel Whittaker said that Emerson and McAlvinand the rest of them shouldn't round-up with him."
"Well, Emerson won't stand any such nonsense as that!"
"I guess Whittaker and his cow-boys will have to flirt gravel mightyfast if they keep him from it!"