FORTBIRKETT J^. r? :%^^ IMARI) W TOWNSEND FORT BIRKETT Digitized by tine Internet Arciiive in 2008 with funding from IVIicrosoft Corporation littp://www.arcliive.org/details/fortbirkettstoryOOtownricli Indian Sam hears piirsncrs. FORT BIRKETT ^ Story of Mountain Adventure BY Edward W. Townsend W. J. RITCHIE, Publisher NEW YORK 70 FIFTH AVENUE 1905 Other fVorks by the same Author : CHIMMIE FADDEN A DAUGHTER OF THE TENEMENTS NEAR A WHOLE CITYFUL DAYS LIKE THESE LEES AND LEAVEN A SUMMER IN NEW YORK ,CPPY^IQHT^, igo3. by EDWARD W. TOWNSEND ' * " • * ^ {All rights reserved) To- One Who Knows and Loves the Somber Mystery of Mountains ; The Joy of Danger ; The Rugged Hospitality of Miners' Cabins ; The Hard-Earned Rest of Hunters' Camps— My Brother, GEORGE TOWNSEND, THIS story of mountain ADVENTURE IS AFFECTIONATELY dedicated. E. W. T. ivi27il4 CONTENTS CHAPTER PAGE I. The Man-Hunt, .... I II. John Birkett's Partner, . . 13 III. Turned from the Trail, . . 26 IV. Hammatt's Meadow, . . 40 V. The Wounded Stranger, . . 57 VI. Mr. Pelham's Discovery, . . 70 VII. A Midnight Desertion, 84 VIII. Recruits for Dick Rawlins, 95 IX. Unexpected Peril, 109 X. The Capture of Constance, 12S XI. Indian Sam's Strategy, 140 XII. The Adventures of Mr. Pelham, . 151 XIII. A Fair Hostage, . . . . 166 XIV. Lennox Uses his Trophy, 180 XV. The Bandits' New Leader, 189 XVI. Sam Pays an Old Debt, . 197 XVII. A Sortie from the Fort, 209 XVIII. The Hunt for the Fugitives, vii 221 viii Contents CHAPTER PAGE XIX. Sam Goes Hunting, . . . .230 XX. Martha Hammatt's Captives, . 239 XXI. Parker's Bag of Gold, . . . 250 XXII. The Pursuers Pursued, . . .258 XXIII. A Fair Bargain, . , . .267 FORT BIRKETT CHAPTER I THE MAN-HUNT Four supple, sunburned young men lounged over the gate bars of a loosely built corral, adjoining the rambling stables of a foothill ranch. Near by ran a road, which was broad and straight in the valley below ; narrow and turning, here in the hills; and then became a zigzag trail where it ran into the mountains above. This road and trail made travel possible, during part of the year, from the San Joaquin Valley of California over the Sierra Mountains, into a mining region of Nevada. Although it was now the middle of June no party had gone into the mountains as far as the divide, on account 2 Fort Birkett oi snow ; but some prospectors had reported the trail open, even on its highest point. There was no suggestion of snow at Anderson's ranch; none in the warm, per- fumed air of the early morning ; none in the suave slopes of the foothills, already ex- changing their green mantle of winter for the golden garb of summer; none in the lightly clothed loungers, watching " Old Man " Anderson and his son, Sid, packing the outfit of a party about to start over the trail. The " party " consisted of a middle- aged man, and a youth, who were now curi- ously noting the nice economy of space, and distribution of weight, with which the bun- dles of their outfit were adjusted on the pack saddles of three horses. "Ain't Sid going to take a pack?" in- quired one of the loungers at the gate. " No," answered another. " Sid '11 carry his blanket and rifle, and grub off the Easterners." " He'll grub on jam and tea, then," com- The Man-Hunt 3 mented a third. " I never see the like of the old gent of the party; he's stowed tea in every package of the outfit. I heerd him ask the Old Man if he couldn't leave out one side of bacon and put some more tea in its place. * Ye kin if ye likes,' says the Old Man, ' but v^ater '11 do, if ye run short of tea. Water won't do for bacon, though,' says the Old Man.'' The story was received with lazy laughs, as the loungers watched the workers with the interest of experts ; rolling cigarettes the while without diverting their eyes from the scene in the corral. *' The young un knows a horse," one re- marked, after filling his huge lungs with smoke which casually escaped through lips and nostrils as he talked. " Sid give him that buckskin — the broncho the Old Man traded off the Greaser, for the casks of claret — ^and, say, he rode him, all right." " With long stirrups, too," another critic added with serious approval. '' He's a husky 4 Fort Birkett hunk of a chap, that young un is. Sid says he's one of these here college mining experts. He's going over to report on the Nevada borax deposit, for the English company that has bonded it. The other is the company's New York lawyer; a top-notcher, the Old Man says. He fetched a letter from the San Francisco lawyer who won out the Old Man's claim agin the railroad company. That's why the Old Man is sending Sid over with 'em, instead of one of us." The San Francisco lawyer's letter had in- troduced DeWitt Pelham, and Vanderlyn Lennox — the latter fresh from his studies in the science of mining — and both New Yorkers had made themselves popular with the people of the ranch in their short visit. So, in the early morning of their start, Old Man Anderson cheerfully helped with the task of reducing, and packing, the out- fit. When final selections and rejections were made, the last package adjusted, the last rope cinched until the burdened animals grunted The Man-Hunt 5 rebelliously, good-bys exchanged, and the travelers mounted, the Old Man suddenly turned and gazed sharply down the road. All eyes followed his, and were fixed on a swirl of dust, whose extent told that a num- ber of horsemen were advancing at hot pace. Mr. Pelham and Lennox wondered at the concern with which those about them bent their looks upon the approaching riders. Anderson was the first to speak. " Sheriff Rumrill ! " he cried, and ex- changed glances of startled interest with his son and the cowboys who had joined the group in the corral. No other word was spoken until the sheriff and four companions checked their horses at the gate. "Anyone pass here last night?" called out the sheriff. " Not as I heerd," Anderson replied. "Any of your horses missing?" next asked the sheriff after a moment's pause, while he looked searchingly at the travelers. " No," answered the Old Man. Then he 6 Fort Birkett asked, in a voice which seemed to express the combined interest of all the listeners, "What is it. Sheriff?" " Evanson and Taggert ! " the sheriff re- sponded. " Again ? " cried Anderson excitedly ; and his companions showed that they shared his feelings. " South-bound through train, last night," Sheriff Rumrill replied; and added partic- ulars to which his hearers listened eagerly: " Blew open the Express safe. Twenty thousand dollars. Registered mail, too. Don't know how much. Express messenger killed. Fireman badly wounded. County offers five thousand reward — dead or alive. Company another five. State probably offer as much. United States as much more, cer- tain. Fm off with these boys for the South Fork trail, and need more for the North Fork, and the Main Pass." No one moved or stirred as the sheriff jerked out this first thrilling news of the The Man-Hunt 7 last, and most famous, Evanson and Tag- gert train robbery. But, as the speaker ceased, the cowboys dashed from the corral, and soon hurried back, carrying saddles and rifles. As they caught and bridled horses, Sid looked appealingly at his father; but Anderson shook his head. " No, Sid," he said, " a contract's a con- tract. IVe contracted to send you over the trail with this party." The sheriff's disappointment at the words seemed as great as the boy's. " I'd like to have Sid go with us, Old Man," he said. *' He did good work last time, and got a thousand of the reward." " Oh, dad," urged the young man, " it would be mighty rough on me not to be in this round-up. Even if I don't get any of the reward, I'll be in the man-hunt — and what hunting is like that ? " " 'Tain't no use talking, Sid," his father replied. " Why, Sheriff," he added, " these gentlemen have passed me money on a con- 8 Fort Birkett tract. More'n that, they're particular friends of my lawyer." Pointing to the cowboys fastening blanket rolls to saddles, buckling on cartridge belts, feverishly preparing to join the hunt — the man-hunt! — he added, " See, there ain't no one I can send with the party in Sid's place, or I'd let him go with you. He's got to guide the party; that settles it." Both Sid and the sheriff knew that that did settle it, and the latter asked, " Then can't you come along with me yourself, Old Man?" "No, he can't!" This emphatic veto was uttered by Mrs. Anderson, who had hurried from the kitchen at the sound of the furious riding up the road. " I should think you might remember something, Sheriff Rumrill," she added; and the six-footer she defiantly faced, the bravest officer that ever hunted man in the moun- tains, showed that he wished he had not drawn this fire. " You might remember," The Man-Hunt 9 Mrs. Anderson continued, " that the Old Man and Sid went the last time, and left me alone. What happened? Alec Bunker's gang raided me one night, and stole horses ; Dick Rawlins' gang raided me another night, and stole horses. D'ye think we breed horses for mountain bandits to steal? " " But you wounded one of 'em," remarked the sheriff in a conciliatory tone. ''Yes," assented Mrs. Anderson, some- what mollified by this reference to her prowess, '* and I'd wounded a dozen on 'em, if these here pesky, new-fashioned rifles didn't have more machinery than a six-horse wheat-header. The Old Man '11 stay to home, if you please, Sheriff Rumrill." "The Old Woman's in her rights, I guess," Anderson commented, nodding gravely to the sheriff. Pelham and Lennox sat their horses in silence during this talk; the elder with in- creasing wonder, the younger with an eager interest that had some furtive longing in it, lo Fort Birkett as he watched the preparations for the hunt. Now, when Mrs. Anderson began serving all the huntsmen with hot coffee, Mr. Pelham said in a puzzled tone, " May I ask what really is the matter — ^the purpose of this armed expedition? " " Sir," replied the sheriff, " I've got to run down two of the most desperate robbers that ever held up a train." " And with the addition of these young men who are preparing to join you, you number nine. Why do you need more ? " " Because,'' said the sheriff, looking at the lawyer in surprise, " if Evanson and Tag- gert get into the mountains ahead of me I'll have a bad gang of their sympathizers to fight." " Sympathizers ? " exclaimed Mr. Pelham indignantly. '' Sympathizers with train robbers? I don't understand, sir." " All mountain folks — or mostly all — sympathize with Evanson and Taggert," explained Anderson. " And some valley The Man-Hunt ii folks, too," he added significantly. " But I don't. I'm agin the railroad company, of course. Everybody is. Naturally we be, because the company robs us. But I'm not agin the law. I fight with the law, and believe in the law." **Sir," said Mr. Pelham, " your sentiments are those of a good citizen, and I'm aston- ished that they're not shared by your neigh- bors." Anderson and the sheriff exchanged knowing glances. " I trust, sir," continued Mr. Pelham, " that this amazing state of affairs does not constitute a danger to us, in our proposed trip." " Of course not," exclaimed Lennox, who had shown increased pleasure in the pros- pect of the trip, since its danger had been suggested. " These mountain gangs don't trouble travelers much," the sheriff said. " A pack carrying a bullion shipment isn't none too 12 Fort Birkett safe with 'em; and, if stock is scarce, why, hunters and miners who go into the moun- tains horseback, sometimes come out on foot. But I reckon we'll keep 'em too busy looking out for us to leave 'em much time to bother you." " Anyway," said Lennox, " Sid and I will be armed." " To be sure," assented Mr. Pelham, " and I, if need be, can threaten them with the law." "Well, boys, are you ready?" called out the sheriff. They were now ready; all their lounging listlessness departed; in its stead a fierce energy that blood-flushed their thin, tanned faces; ready, mounted, sitting with easy seairity their plunging horses. At a word from their leader, the enlarged posse dashed up the road, making to the right, in the direc- tion of the southern trail, at the first cross- ing. Off on the hunt! and no animal, not the wildest, the fiercest, insures to the hunter the danger, the excitement of the man-hunt ! CHAPTER II JOHN BIRKETT's partner Soon after the departure of the sheriff the Easterners and their guide set forth at a more sober pace, the patient pack animals swinging along slowly in the lead. Sid cast a longing glance at the turn where the posse had gone south, and sighed as he remarked to Lennox, '* Well, they are out for sport, and Fm out for business." '' Oh," laughed Lennox, amused at the young man's idea of sport, although he would have joined the hunt had it not been for Mr. Pelham's presence, " we must try to make our trip partly sport. I suppose we may find some game." " Bears," replied Sid. Mr. Pelham, who was mounted on a staid 13 14 Fort Birkett old animal, more used to dragging a cultiva- tor between rows of vines than to saddle work, exclaimed w^ith joy at the frequent shifting of foothill scenery caused by the winding of the trail. " Nature," he declared, " is indeed a kindly mother. She shows her love for even those who desert her. We have but to return, to be rewarded with renewed youth." " Then Mother Nature does better by you if you vamoose the ranch, than if you just stick to the plow," commented Sid. '' I reckon, sir, my dad isn't much older than you, but I can't remember when he wasn't called ' Old Man ' — and looked it, too — while you look as cocky as a mountain quail." " Young man," retorted the lawyer po- litely, " I'm gratified that my appearance suggests a comparison so picturesque." Late that afternoon they made camp on a gravelly shelf above a creek of some size, and Lennox was taking trout from its clear John Birketts Partner 15 water, Mr. Pelham brewing tea, before the guide had wholly unloaded the packs. *' Say," remarked Sid, joining Lennox, when the unladen animals were picketed on the grassy bank above the shelf, '^ I've run across some tea in every package I've opened. Going to have tea or coffee for sup- per?" '^ Coffee for you and me, with corn-bread, bacon, and these trout," Lennox replied. Their next day's journey lay through lightly wooded foothills, but on the following morning they ascended bolder slopes, whose heavier timber, deeper canons, and sharper spurs gave promise of the mighty peaks to come. On the third afternoon camp was made in an open park which lay a few hun- dred yards off the trail, but in sight of it, on the bank of a little lake. The guide was busy about the camp-fire, Mr. Pelham indifferently engaged with rod and line, an open book by his side, and Len- nox starting off with his rifle, when a man, 1 6 Fort Birkett riding an unkempt little broncho, and leading another, came around a turn in the trail, noted the camp, stopped, and hallooed. The signal was answered promptly and with much interest by Sid; and the others re- garded with some curiosity the first person they had met in their three-days' journey. All went out to meet the stranger, and after greetings, and inquiries concerning the condition of the trail further up, Mr. Pelham said cordially, " Will you not come over to our camp? " " Thank ye, sir, thank ye," replied the stranger. '* It's right pleasant to meet any- one up here. If ye've no objections, I'll camp near by." He took his saddle and led-horse to a wooded point on the lake shore, picketed them, and walked slowly back to the camp. He was as uncombed and uncouth in appear- ance as his bronchos ; but attractive, because of kindly, clear blue eyes, and a singularly musical voice. John Birkett's Partner 17 " Some of your party went on ahead last night, I reckon," he said, curiously watch- ing Mr. Pelham make tea. '' No. We only started out with three," replied Sid, to whom the remark meant more than to the others. '' Another party passed ye, then," the stranger added. *' No one has passed us since we left the ranch — Anderson's ranch," Sid answered, with increased interest. '' I didn't see 'em," the stranger said. *' It was dark, and I was lying some to the side of the trail; but, j edging from the sound, thar was three riders, and no packs. They was making time, too. I won dered " *' How far up were you ? " interrupted Sid. " Twelve or fifteen miles. That's all I've made to-day." " Then, as they didn't pass us, they struck into the trail between us and where you camped," Sid asserted. 1 8 Fort Birkett "From the south," the stranger said; " the country north is too rough for horses." '' From the South Fork trail," Sid said. " There is snow on that, high up. Someone was mighty anxious to get into the moun- tains, and cut across rough country to do it." Sid and the stranger w^ere regarding each other with earnest speculation, when sud- denly both jumped to their feet, alert to some sound the others did not hear. But soon the Easterners, too, heard a medley of noises; horses' hoofs beating on granite, a sharp voice of command, the occasional fret- ful cry of dogs, and there came into view a half-dozen armed men, two of them Apache Indians, one in charge of a pair of blood- hounds. As the leader discovered the camp- ers, he swung his rifle into readiness. "It's all right, Sheriff," Sid shouted. " I'm Sid Anderson, and this is my party." John Birkett's Partner 19 Sheriff Rumrill spoke to his followers, who halted ; then he rode over to the camp. After putting a few questions to Sid, whose answers threw no light on a matter which seemed to be puzzling the sheriff, he turned to the stranger and said sharply: " Now, you are John Birkett, I guess. '* "Thet's my name, Sheriff," replied Bir- kett. " Ye hev a good rec'lection, for we hev'n't met in twenty years." ** Never mind the twenty years ; where are you from now? Where were you last night?" " Up the trail ; a day's pack." " Then it's your track we cut into five miles up ! " exclaimed the Sheriff in dis- gust. '' Like ez not," responded Birkett calmly. " But Birkett heard someone last night," Sid interrupted impatiently. "Why didn't you say so?" Rumrill asked Birkett angrily. " I didn't know ye wanted to know. I 20 Fort Birkett never allowed I ken see further into a rock than the pick goes. If ye followed a track of three riders across from the south, over to this trail, you'd hev come up with 'em by going up, 'sted of coming downi. Maybe your dogs, and Injuns, and city detectives took the trail of one rider, and one pack ani- mal, 'sted of three riders." Birkett gave this rebuke in a quiet voice, but it was evident that he was hurt by the manner of the sheriff's questions as to his re- cent whereabouts. Rumrill flushed, and said : *' I meant no offense to you, John Birkett, but I'm all riled up by losing the scent. I'll speak to you alone, if you please." They stepped aside, and Birkett informed the sheriff minutely as to the clew he pos- sessed of the three riders the sheriff had pursued across rough country from the South Fork trail, only to take up a wrong scent on the North trail. Then Rumrill urged Birkett to join the pursuing party, but the old man resolutely declined. John Birkett's Partner 21 When they returned to Mr. Pelham and his companions, the sheriff said to the law- yer, "You mustn't think, sir, I had any suspicion of this man, John Birkett ; I know of him well as an honest prospector and miner. I'm sorry he can't come with me." He paused, looking at Sid, and then added, " I wish you could let me have Anderson's boy. I left my own men on the South trail, running down another clew, and have only this outfit " — he glanced contemptuously at his followers — '' that the company sent up to me. Sid's worth a dozen of 'em." '' Truly," responded Mr. Pelham, " I dis- like to withhold any aid from you ; but you don't need to be told how utterly we'd be lost, without a guide." " You can find your way back now. I'd rather lose a leg than miss this," pleaded Sid, his eyes lighting with excitement. " If my objections are not enough," Mr. Pelham rejoined, somewhat severely, ''I 22 Fort Birkett remind you that your father refused to let you go with the sheriff, unless we had another guide." *' Excuse me," said Birkett softly; "if ye are in no hurry, I'll take ye over the pass. I must go to the valley, first, but I ken be back in three days." Mr. Pelham looked at Lennox, who nod- ded assent, realizing that to go on with Sid would be to have a discontented guide. Five minutes later, Sid, riding light was off with the man-hunters. Lennox strolled alone to the lake, not daring yet to join his friend, and Birkett, by the camp-fire, lest his regret that he, too, could not join the pursuit should be dis- closed to Mr. Pelham. But an hour with rod and line, and that occupation which the benign Walton saith is " a calmer of un- quiet thoughts, a moderator of passion " sent him to the camp-fire in mood to sympathize with Mr. Pelham's serene pleasure in his surroundings. John Birketts Partner 23 " You must bring your pack over here and camp with us," Mr. Pelham was saying, as Birkett, with patient amiabihty, emptied his tin cup of the tea with which it was again and again refilled by the lawyer. " If ye don't object, Fll camp a leetle aside," Birkett answered. He turned his face away for a moment, then, looking at the others with a sorrowful smile, added, '' My pack is my pardner." " Your partner? " they exclaimed aghast. " Tom Matthews, gentlemen. He died yesterday. Tom and me," he continued quietly, in response to the others' looks of inquiry, *' Tom and me hev bin prospecting and mining together for twenty years. We never quarreled over a lucky strike ; we never quarreled when luck was hard and grub was low. We made an agreement once, each w^ith the other, and both together, thet the one who lived after the other died should take the body of the late departed — which was the terms we used — and bury it 24 Fort Birkett within the sound of a church bell. Not thet we was much on church-going. We was mostly whar w^e never heerd no church bells ; nor no sound, except the roar of mountain storms, the crash of an av'lanche, a falling tree, or tumbling boulder. But sometimes we used to talk of a church bell we both heerd when we was children together — in a leetle village back East — and we allowed it was the best sound we could remember; so we made our agreement, one with the other, and both together, thet the one who petered out first should be took by the other and buried within sound of a church bell." The miner told his story with slow speech; his brave eyes asked no sympathy, and his listeners understood, and spoke none. Early the next morning he was away, and at the end of the third day returned; his horse showing the hard pace to which it had been urged. He did not speak of the partner John Birkett s Partner 25 he had placed at rest where a church bell could be heard, but, when the campers wel- comed him, he gravely nodded his head, as if in assurance that his agreement with Tom Matthews had been fulfilled. CHAPTER III TURNED FROM THE TRAIL Early the next morning Birkett was busy about the camp, preparing breakfast with but Httle use of the many novel cuHnary aids he found in the packs. He glanced from time to time at his companions, still sleeping soundly, and at last muttered : '' Guess neither the Jedge nor Colonel heerd nothing, or they'd be awake and asking questions. Like ez not they didn't. Hello! Colonel's waking up like a young volcano. What's he going to do now ? Hang me ! " This exclamation was caused by the actions of Lennox, who sprang from his blankets, blinking at the sun's rays, nodded cheerfully at Birkett, threw off his night clothes and dashed into the lake, splashing and leaping in its cold water with joyful shouts. When 26 Turned from the Trail 27 he returned to dress, laughing and aglow, Birkett asked : '' Sleep purty well, Colo- nel?" *' Like the rock of the proverb," the young man replied. " And the Jedge; he slept well, too? " "The Judge?" Birkett indicated Mr. Pelham, who was now making more orderly ablutions. "Oh, the Judge, eh?" laughed Lennox. " Yes, he's making up for a life of fitful slumber." " Then ye didn't hear nothing last night? " "Nothing. Did you?" " Well," replied Birkett thoughtfully, after handing Lennox a tin of hot coffee, " I heerd enough to know thet our camp was fairly well prospected. Seemed to be two on *em. Circled us, quietly, being too po- lite, mebbe, to disturb us, but keeping close enough to make sure none on us done any sleep-walking. Leetle before sun-up they pulled their freight — vamoosed." 28 Fort Birkett "Tramps?" suggested Lennox. " Tramps ! " exclaimed the old man. " Ye never find tramps whar free grub's ez skeerce ez it is in these diggings." " What then? " asked the other, suddenly associating in his mind the quest of the posse and the night visitors. " Can't say exactly," Birkett responded. " I know we was watched last night, and likely are now. Thought I'd speak to ye alone, 'thout worrying the Jedge." " That was quite right," Lennox said hur- riedly, seeing Mr. Pelham approach. " But tell me more, alone, at the first chance." " We'll see what happens to-night," Bir- kett responded ; and, having eaten his break- fast, he left the others to theirs, while he packed the animals for the day's march. By the time all was ready for the start, he had made up his mind to suggest a change in their route without waiting for another night's developments. " Gentlemen," he said, swinging himself Turned from the Trail 29 into his saddle, after a final inspection of the packs, '' guess we'd better turn off whar the sheriff cut across, and make a loop by the South trail, around Bald Peak. We ken fetch back into the North trail t'other side of the divide." " But," said Lennox, " the South trail is the one Anderson spoke of as still having snow on it." '' Yes," assented Birkett, " more'n likely thar is snow thar, but ef the train-robbers got through we ken." "Why change our route?" Mr. Pelham asked in surprise. " Well, Jedge, we may strike worse trou- ble than snow on this trail," the guide an- swered. " Thar is not many folks living this far up, but them ez do is friendlier to the robbers than to any posse, or any party thet might be mistook for a posse." " Birkett," said Mr. Pelham sharply, " I agreed to take you as guide because I be- lieved you to be an honest man. I make 30 Fort Birkett few mistakes in such judgments. I don't distrust you now; but, if you have no better reason than you've offered why we should take an unusual and more difficult route, I order you to continue on this trail." For a moment Lennox was inclined to tell his companion of Birkett's discovery in the night, but he shrank from needlessly alarming Mr. Pelham, as it might prove, and finally resolved to remain silent, even if his silence made the guide's warning unheeded. Birkett, after waiting for Lennox to speak, said, " Jedge, I ain't no honester than most men, and I hev'n't staked out a claim to be wiser. I had an opinion, and I said it plain, but — we'll stick to this trail unless some- body objects to our company." ''Who can object?" demanded the law- yer.. " I can't rightly say ez I know," Birkett replied quietly, throwing a pebble at the lead pack-horse to start the outfit up the trail. Turned from the Trail 31 Each mile now led into steeper, bolder country. The view before them stretched north and south along endless ranks of snowy peaks, somber purple in shadow, glinting with hints of scarlet and orange in the sun. Behind them were lessening depths and heights of canon and spur, subsiding gradually, afar off, into the untroubled level of the valley. That night Lennox lay awake and watched the guide, rolled up in his blanket on the opposite side of the fire. At last he saw him turn very quietly and gaze towards some boulders not one hundred yards away. By patient searching Lennox descried, at the base of one great boulder, two forms, indis- tinctly outlined by starlight, which seemed to be men seated with blankets drawn about their shoulders. " Birkett ! " he whispered. " Yes," answered the guide, not mov- ing. " What do those men want? " 32 Fort Birkett '' Seems like they only want to make sure we camp here all night. Better go to sleep, Colonel, ril watch 'em." Lennox, despite his resolve to watch, did sleep. Two or three times he awoke with a start, but always saw the guide lying mo- tionless, with unwearied eyes fixed on the forms at the base of the boulder. "They vamoosed agen, jest afore day- light," the guide said to Lennox in the morn- ing. " But they, or some of their kind, are likely watching us now, and hev kept you in sight ever since the sheriff passed us." " That's an unpleasant idea," Lennox ex- claimed. " I assume, of course, Mr. Bir- kett," he continued, " that the spying has to do with the man-hunt. But who are these men who are watching us? " " Mountain men ; friends of the men the sheriff is chasing," Birkett responded. " In the general run they're a purty tough lot. Some exceptions, to be sure; but a clean-up of the citizens of these here parts would show Turned from the Trail 33 a low grade of human nature ; low grade, on the average, Colonel." " Why do they fuss about our camp at night in this fashion? " Lennox asked. " If they don't like our company, why not say so?" ^* They're acting on orders, I guess," the guide answered. " 'Tain't likely they'll bother us, unless we get too near a hiding- place." " That was why you wanted to leave this trail, eh?" '^ Exactly, Colonel, exactly. It's not these here men thet's worrying me; but they wouldn't be so particular about our move- ments if thar wasn't something around here thet's got to be hid." It was nearly noon, and the guide, who had been looking about for the midday halt- ing-place, suddenly pulled up with a jerk. Attracted by the action, Lennox glanced ahead, and from a projecting ledge of rock caught the gleam of a rifle barrel. His 34 Fort Birkett hands went to his own rifle, but Birkett mo- tioned him not to move, and called out, '' All right, stranger. What's wanting?" A man, carrying a cocked rifle at ready, stepped from behind the ledge into the trail. " No harm meant, gentlemen," he said, grinning. " I had my weapon ready, be- cause sometimes gentlemen get nervous, meeting a stranger on the trail, and pull their guns, and shoot, without knowing if the stranger is friendly or not. Excuse me if I ask you," he concluded, speaking to Len- nox, *' to take your hands a little further from your gun." " You villain ! You rascal ! " cried Mr. Pelham. '' What do you mean by display- ing a deadly weapon in that threatening manner? I'll turn you over to the police, you villain! I'll prosecute you! I'll send you to prison for life, you bandit ! " At this unexpected assault of words, the man with the rifle was more disconcerted Turned from the Trail 35 than if any of the men he faced had drawn a weapon. " Better kind of explain things, Birkett," he said at last. '' Jedge," Birkett said quietly, " this gen- tleman — his name is Richard Rawlins — hez the drop on us. Which is why," continued Birkett, when he saw that his explanation had not explained, " which is why we should parley with him." For the moment Mr. Pelham's indigna- tion was too tumultuous to admit of further speech, but Lennox remarked dryly : " It seems to me that Birkett has the right of it, Mr. Pelham. Indeed, I've never known an occasion when a parley seemed more in order." " Parley with a rascal ! Compound a fel- ony ! Reason with a murderous villain ! " cried Mr. Pelham. " Say," drawled Rawlins, and his voice now had an ugly tone, '' I'll just excuse you from naming any more of them names. As good a man as you was shot dead on this 36 Fort Birkett trail yesterday ; and he didn't call no names, neither." The man's words were significant enough to convince a more obstinate man than Mr. Pelham that a fact, not a fantasy, confronted them; and this truth was further borne upon his understanding by the patient manner of Birkett, who now said, " Jedge, it's accord- ing to rule in this country thet when a gen- tleman hez the drop on ye — especial with a cocked, repeating rifle — he's in his rights to ask for a parley. Like ez not it's different whar police is more frequent and handy. I guess Mr. Rawlin,s hez something to say to us; and I don't see, Jedge, how we ken rightly object — seeing ez he hez the drop." Mr. Pelham replied, after looking several times from Birkett to Rawlins, " I spoke without thought; police aid, here and now, is, of course, out of the question. Let us hear what this ras — what Mr. Rawlins has to say." '' I only want to warn you, gentlemen," Turned from the Trail 37 said Rawlins, '' that the trail beyond here is dangerous.'* " Anyone bin hurt yet? " Birkett asked. " There has," Rawlins replied. '' Several parties has been hurt, and one — I think you gentlemen know him : Jim Anderson's boy, Sid — was killed. A friend of mine lies wounded, a piece up the trail. That's why this route is dangerous for strangers." The full meaning of Rawlins' words made itself clear. The sheriff's posse had come upon the robbers and their adherents, and, in the encounter, poor Sid Anderson had met his death. One robber, at least, had been wounded, but not captured; and, until he could be removed, his friends were guarding the trail against all intruders. But the situation was one which Mr. Pel- ham and Lennox comprehended slowly, and in shocked silence. They were men of peaceful, conventional lives, who had read of such tragedies with fancied understanding; but the elemental passions in human nature, 38 Fort Birkett encountered, aroused, and destroying, were too like a disordered dream to be quickly accepted as grim, present realities. Birkett understood their silence and made no com- ment, and Rawlins paused some time before he continued. " I'd advise you gentlemen," he said, " to turn back to where you can make across to the South trail." At these words Mr. Pelham flushed, and looked at the guide. He realized the error he had made in refusing to alter their route as Birkett had advised, and was ready to make acknowledgment ; but the guide either did not see, or would not notice. Looking at Rawlins, he said, '' A leetle beyond here is a draw, leading down into Hammatt's Meadow. From thar we could go on into Nevada through Hammatt's trail." " That draw is beyond where — is beyond the danger point," Rawlins said. " But," he continued, noting Birkett's disappointment, '' if you've a mind to go by way of the Turned from the Trail 39 Meadow, instead of turning back and cross- ing to the south, I can show you a way to the Meadow from here." " Another trail from here to the Meadow, besides the one in the draw? " Birkett asked in surprise. " You might not just call it a trail," Raw- lins answered, ''but it's a way in ; and it's two days shorter for you than turning back. Suit yourself." " Well, Jedge, what do ye say ? " Birkett may have had no thought of heap- ing coals of fire, yet there was in his manner a deference, as to a superior judgment, in asking this question, that caused Mr. Pelham to reply deprecatingly : " If we can cut short by two whole days this offensive surveillance let us do so, no matter how rough the trail." " We'll go by the Meadow," Birkett said quietly to Rawlins, as if translating Mr. Pel- ham's decision. CHAPTER IV hammatt's meadow Directed by the bandit, the guide turned the pack animals to the north. Mr. Pelham followed, his fine face fraught with a bur- den of emotion which overweighted the power of speech. Lennox halted, as if to let the bandit precede him, but Rawlins tapped his rifle, grinned, and said, '' I'll be the rear guard of this here little procession, if you don't mind." Had he considered only his own safety, Lennox would have taken the odds against him, and fought; for a rage that all but swept reason aside, possessed him. But, checked by a restraining thread of caution, which reminded him that a number of Raw- lins' fellows were probably within sound of 40 Hammatt's Meadow 41 a rifle shot, and that any imprudence on his part would endanger the Hfe of Mr. Pel- ham, he rode on, struggling to conceal his desire to resist. Rawlins was right : The route they now followed was not a trail, although there were evidences that it was in occasional use. It led eastward, after a mile of slight descent, to the head of a canon, where all dismounted, and down whose rough sides they scrambled and slid. The sharp declivity led toward a fairer country ; for they were making one of those sudden transitions which carry the surprised traveler in the Sierra Nevadas from inhospitable wildernesses to sheltering valleys; sometimes from drifted snows to warmly fragrant vineyards. At last they reached the upper confines of a park-like ex- panse, some hundreds of acres in extent, where Birkett motioned Rawlins aside. When they had consulted together briefly, the guide beckoned Lennox, and said, " Colonel, this is Hammatt's Meadow." 42 Fort Birkett He waited a iiule, as if expecting that the information would produce some effect upon Lennox, but it did not, and he con- tinued, ** Thought ye might hev heerd of him. Most people hev. Mr. Hammatt is a doctor and a gentleman. He's a friend of mine. Xow, the doctor has women folks, Colonel, and it would be sort of disquiet- ing — you might say disquieting — for the women folks if ' He hesitated, pulling at his gnarled beard, as if at a loss for some word, " It's like this, Mr. Lennox," Rawlins said. '* I've no quarrel with you. even if you have with me. Xow, Birkett. here, don't want no trouble to happen in the Meadow. I tell him that if you'll give me your word not to make no trouble, I won't look for none." " I don't quite understand," Lennox said. " Give me your word you won't take any advantage, and I'll go along as if I was one Hammatt's Meadow 43 of your party — not to keep you covered — so's the women folks won't begin to ask questions, or get scared.'' " I agree — so long as we remain in the Meadow," Lennox said, after a pause. Rawlins promptly uncocked his rifle, mounted his horse, and, instead of bringing up the rear, led the way down a slightly worn wood path, that seemed to the travelers a fair highway. They had proceeded but a short distance through a grove of bay, inter- spersed with red-limbed manzanita, when two women, both carrying rifles, stepped into the path before them. '' Good Heavens! " groaned Mr. Pelham, *' do even the women here ' get the drop ' on us?" " Where are you going, Richard Rawlins, and who are with you? " one woman asked, in a tone of authority., "It's Birkett, with two Easterners he's guiding over the pass." ''Oh, is that you, John Birkett," the 44 Fort Birkett woman said, in a more friendly voice. " This is not the pass, you know that." " It's all right, Miss Hammatt," Birkett called out. Then, when he had approached closer, he added in a lower voice : " Thar's trouble on the pass. I'll explain to your father." " My father is not at home," the woman said. After a pause, she added, with a sig- nificant glance toward Rawlins, who had ridden on, '' He has gone up the pass to at- tend a wounded stranger." As they continued to speak in low tones, Mr. Pelham and Lennox instinctively halted some paces away. Lennox's gaze was fixed intently upon the woman who had not yet spoken, when he was startled by hearing Mr. Pelham mutter despairingly : ''God bless my soul! There's another creature with a rifle. The very trees are armed ! " Lennox, following the other's gaze, dis- cerned in the grove a figure that at first ex- Hammatt s Meadow 45 cited a smile at its drollness. It was an In- dian, old, very old, it seemed, for his face was deeply graven with a thousand lines. He wore a weather-stained, battered cavalry hat, ornamented by an eagle's feather, a blue flannel shirt, and brown khaki trousers, tucked into rough, heavy boots. He was lazily smoking a short pipe, and, as he leaned against a tree, seemed, at first sight, to be half asleep; but Lennox dis- covered that his bright little eyes darted keenly from one to the other of the stran- gers, and his rifle rested lightly in his hands. " Really, Van," Mr. Pelham said to his companion, *' the sight of so many people bearing arms, including women, and Indians not taxed, is discouraging. I had hoped that these women, at least, might not offer us battle." " Anyway," responded Lennox, laughing at his companion's viewpoint, " I see some- thing at the feet of that Indian which sug- 46 Fort Birkett gests that these present arms are for sport, not war." As he pointed to a freshly slain deer, Birkett called to them, and they rode on. *' This," said the guide, as they came up, " is the Jedge, and this is the Colonel, ez I was telling ye of." As the gentlemen bowed, the elder of the ladies smilingly completed the introduction. " I am Dr. Hammatt's daughter," she said, " and this is my niece. Miss Farwell. We shall be pleased to have you come home with us, for supper." " To sit at a table again will be a treat," Mr. Pelham said. " But we must not earn your hospitality under false pretenses. I am only Mr., not Judge, Pelham; my friend, Vanderlyn Lennox, has yet to earn his commission as Colonel." " No offense, Jedge," Birkett said, and rode on after his pack animals. Miss Hammatt called to the Indian, telling Hammatt's Meadow 47 him they would want some venison for sup- per. He threw the deer on the back of a little pony, brought out from the grove two saddle horses, and, without a word, started the pony off at a jog, trotting along behind it. Lennox jumped to the ground to help the ladies mount, but before he reached them they both swung easily into their men's sad- dles, and the four started down the widening road at a sober pace, and for a time in silence. The encounter was puzzling on both sides. Who could these women be, who were gen- tle and well-bred — here in the heart of the mountains ? Who were these men — gentlemen — sud- denly appearing in the Meadow, led by Raw- lins, a mountaineer of whom no one knew good? Miss Hammatt appeared to be about thirty years of age. She was slight, but her figure suggested strength and energy. She was 48 Fort Birkett most notably unlike her companion — for their great difference in height was not so noticeable as they rode — in that her not un- pleasing features were habitually stern. Miss Farwell, her junior by full ten years, tall, and of figure more luxuriant, had features of great beauty in repose, but her eyes and mouth were readily disposed to ripple with mischievous smiles — and then her beauty was greater. They were dressed nearly alike, in hats, jackets, and skirts of wood-green; designed in color and fashion- ing for the purpose of the expedition in which they had been surprised — deer hunt- ing. " I wonder," said Miss Hammatt, " if you are the people my father thought might be with us to-night when he asked us to bring in a deer." '' I think not," Mr. Pelham replied, smil- ing grimly : " we were induced to take this route only an hour ago." The women exchanged glances, but sought Hammatts Meadow 49 no explanation as to the nature of the " in- ducement " that had caused the change of route. The lawyer learned that Miss Ham- matt knew of the borax mines, the travelers' objective point, and they were soon engaged in sober talk of mines, mining, and transpor- tation. Lennox wondered if the young woman by his side — the path had widened to a road, and they were riding in couples, now — would be interested in the problem of borax hauling ; but what he asked her was, " May I not carry your rifle for you? " " You are a stranger," she laughed, '' and, having disarmed me, might order me to throw up my hands." "If I promise not to?" " Oh, we may see another deer." Once or twice before this Miss Hammatt had cast swift, sweeping glances along the hillside back of them, and now, after another such quick inspection, made a signal to Miss Farwell, who said, as if in reply, " I shall 50 Fort Birkett keep my rifle," and her eyes suddenly became troubled. At times, now, the road crossed fenced clearings, through which came glimpses of a distant farm house of considerable size, barns and stables, fields under careful culti- vation, cattle grazing in stream-watered pastures. They had ridden slowly, and Rawlins and Birkett, even the Indian and his laden pony, were out of their sight, presumably at the house. Miss Hammatt suddenly said that they would be supperless unless she gave some orders, and after adding, " Be watchful, Constance," to the younger woman, gal- loped off, leaving the road, and going 'cross fields, taking fences with sure, easy seat. Miss Farwell turned to the men and said abruptly : " Do you know that you were brought here captive — prisoners ? " Mr. Pelham only gasped, but Lennox, flushing, said, ''That man Rawlins had what Hammatt's Meadow 51 he called ' the drop ' on us for a time, but — I should be sorry to have you think that three of us would submit to one man, as prisoners/' " Not one ; three," the girl exclaimed. *' Two others have followed you all the way in. Sam — the Indian — discovered them. They are within rifle shot now. My aunt and I have both seen them." *'My dear young lady," cried Mr. Pelham, ** will you please explain what all this means? " " No," she said slowly, after a pause. " Not now. Not until I've seen my grand- father — Dr. Hammatt. But you should know at least as much as I've told you. Per- haps you should know more. But I cannot tell now." She quickened the pace, and they rode on in silence. The men would have liked to question her, but respected her apparent wish not to say more about the mystery of their surroundings. 52 Fort Birkett When the last of the party arrived at the ranch house, a meal, abundant and hot, was ready to be served. Miss Farwell did not join the party at supper, to which her aunt at once invited the gentlemen, and their hostess gave no explanation of her absence, nor said any word about the matter which now keenly engaged the speculations of the younger man, at least. Mr. Pelham either thought lightly of the unusual circumstances which had brought them to the Meadow, or else his enjoyment of conventional fare, under conventional conditions, effaced any reflections of a less pleasant nature. " It seems an age, my dear madam," he said to the hostess, '' since I have enjoyed such luxuries as fresh milk, butter, and eggs. And this venison and bacon — ah!" Lennox eagerly waited for the younger woman's reappearance, and started with dis- appointment when, soon after their arrival, he saw her, mounted on a fresh horse, dash Hammatt's Meadow 53 past a window and down the road in the direction opposite to the one from which they had come. After supper they went into an adjoin- ing room which gave the impression of being a scholar's study. A working hbrary housed in home-built shelves, a reading lamp on a broad redwood table strewn with papers and open books, suggested a familiar tenant of the room, concerning whom Mr. Pelham inquired, and Miss Hammatt discoursed freely. They were thus discussing the absent doctor when Miss Farwell returned, and with some agitation called her aunt aside. They spoke together in low tones for a few minutes, then Miss Hammatt turned and said: " Gentlemen, I regret that we cannot en- tertain you here to-night." *' We had no thought of giving you such trouble," responded Mr. Pelham. "A blanket on the hay, in your barn, will be a bed of luxury, compared to " 54 Fort Birkett The elder woman interrupted him brusquely. " There are reasons," she said, " which my niece has just learned, why you must camp at some distance from here. There is a good camping ground three miles down the road, to which one of our boys will take you. I am sorry that we must appear in- hospitable; it is not our custom — but I can- not explain." *' We are unbidden guests, at best," the lawyer said, " and I beg you not to feel any regret. We will make our departure as soon as " At once ! " the lady said. " Your pack train is ready; your guide has had supper; your horses are saddled." Lennox was watching Miss Farwell, won- dering what nature of message she could have brought from her grandfather, and the girl reddened as she heard her aunt's words of summary dismissal. She made no sign of dissent, but Lennox's heart quickened as he Hammatfs Meadow 55 caught from her eyes a signal. "I will speak with you." Mr. Pelham bit his lips, but bowed politely, returned thanks for their entertainment in old-fashioned phrases, and the party went out into the light of the young moon to find Birkett prepared for the start. Rawlins was there, too; mounted, and disposed to continue with the travelers; but Miss Far- well went to him and said in low voice : " You are not to watch these people to- night." " I have my orders," he responded. " I give you new orders. My grand- father said I might order you to remain here if I promised that none of the travelers would return to-night." " And do you give that pledge? " he asked sneeringly. " I do," she replied quietly. Rawlins rode back to the stables, and Miss Farwell returned to the house; but in pass- ing Lennox, as he was about to mount, she 56 Fort Birkett whispered: *' At the manzanita thicket; an hour after the moon is set." The *' boy " who was to guide them to the camping ground was the old Piute Indian, " Captain " Sam. He rode a stubborn, un- saddled little pony in a manner which sug- gested that he was on the deck of a tossing ship, but his was a seat the most eruptive horse had never unsettled. When they had jogged along two miles of the fair road, Sam, rolling along by the side of Lennox, said in a guttural voice, " Captain Sam, him like tobacco." Lennox passed him his pouch. The Indian, pretending to be occupied with filling his pipe, whispered hoarsely : '' You sabe manzanita on left? Him very nice clump manzanita." " Oh," said Lennox, flushing suddenly. " A very nice thicket indeed." CHAPTER V THE WOUNDED STRANGER The road down which Captain Sam guided the travelers lost distinctness after leaving the meadovv^ and became again a slight mountain trail. The country, too, resumed its rough and lonely aspect; a turn in the caiion shut out the last sign of human habitation, and again on all sides was Sierra fastland, mysterious, menacing. The Easterners neither saw nor heard any hint of man's presence, after leaving the Meadow, but Birkett and the Indian ex- changed glances of caution when, within a mile of the house, they passed a deep draw in the spur forming the south wall of the cafion. Neither made mxore comment than his glance, nor turned to look back. When 58 Fort Birkett they had passed on a few hundred yards there emerged from the draw, as the ravines which flute the sides of canons are called in that country, an old, white-bearded man, on horseback. Following him came two men on foot, bearing between them a forest- made litter, on which lay a third man with head and shoulders bandaged. "Who were they?" the wounded man asked in a weak voice. " The party the doctor's granddaughter told him of. Two men from the East, and John Birkett," a bearer replied. " Birkett is not our friend," the other bearer said. " Nor our enemy," commented the w^ounded man. " He's not a reward hunter." " He's our friend, or our enemy," the other said sullenly. *' Rawlins and his men must see that Birkett keeps moving east, until his party is out of the mountains." At the entrance to the Meadow the wounded man was transferred to a cart filled The Wounded Stranger 59 with hay and blankets. " When he has rested," said the rider, who was Dr. Ham- matt, *' I shall attempt to extract the bullet from his shoulder. Make him as com- fortable as may be, in the stables." " Yes, sir," a bearer replied respectfully. Dr. Hammatt then rode rapidly to the house, where his daughter and granddaugh- ter anxiously awaited him. " What is it, father? " his daughter asked. He replied slow^ly, wearily, after a pause : " A stranger has been wounded. I do not know how, and we will not inquire. An operation is necessary, which I could not perform under the conditions in which I found him. Humanity, the obligations of my profession, required that he should be brought here where such skill and appliances as I possess may properly be exercised to save life. If we suspect the circumstances under which he was wounded, we are still justified in caring for him until he can be removed by his friends." 6o Fort Birkett He spoke, resting his head heavily on his hand, but now he looked up with a grave smile, and added : " I assume, Martha, that your anxiety was aroused by the order I sent by Constance, to have the travelers depart before my re- turn. I regret that we could not entertain them over night. We will speak to each other of this no more, my children." The women attended the old man's patriarchal words in silence, and received his final admonition with respectful gestures of assent, yet Constance, after some hesitation, said: "The travelers we refused to entertain were not of this country. They were strangers — gentlemen." The old man did not speak, but looked at the girl with kindly inquiry. " They may learn things," she continued, " which, in view of our treatment of them, may make them " vShe stopped, embarrassed, The Wounded Stranger 6i ** May make them misjudge us," he said. •"Well?" " I should not like that." ''Why, Constance?" " It would hurt me," she answered simply. He looked from the girl to his own daugh- ter, as if seeking an explanation he did not find, then turned to Constance and said : " If it seems important to you, child, or worth any effort whatever, to keep any human being from misjudging our motives, you have my consent to give the travelers such information as shall establish an honest name for us." He smiled indulgently as he finished, and kissed the girl, who said earnestly, " Thank you, grandfather ! " , • • • • Dr. Hammatt was entering upon middle age when, some twenty years before the time of the incidents just related, he resolved to leave the boisterous Western city where his 62 Fort Birkett professional practice had earned him a com- petence, and seek a home where he could gratify a desire for rural life, and pursue his speculative studies. He was a widower, whose home was presided over by a married daughter. She, with her husband, Conrad Farwell, civil engineer, a second daughter, Martha, then ten years old, and a few neigh- boring friends, composed the first party to emigrate, with the doctor, to the valley of the San Joaquin, in California. This colony grew by the accession of other friends who learned of the promising fields the pioneers had found. From the Government they bought farms officially described as " desert land " ; but investigation convinced the doctor and his son-in-law that it would grow orchards and vineyards if watered by a contiguous stream which emptied into the San Joaquin River. For this work, which was at once under- taken, Farwell was the engineer, and Dr. Hammatt and a few friends supplied the The Wounded Stranger 63 funds. The doctor also wisely directed the planting of yearly crops, until the slower growing trees and vineyards should bear. Prosperity rewarded intelligent toil. Homes were built ; and a church, where was baptized the colony's first-born, baby Con- stance Farwell. Soon, it seemed in this happy industrious life, came the year when nature would answer their hopes, yea or nay, by granting or deny- ing fruit to their vines and orchards. Then it was that spying strangers came into the land, and made no effort to conceal their unfriendliness. The doctor quieted the fears of the settlers. Had he not taken every precaution to safeguard their interests ; con- formed in all ways to the laws of the Gov- ernment whose land they had bought, and made to bloom? When nature abundantly fulfilled their hopes, they planned a festival of thanks to the Giver of all mercies: and it was then that a deputy United States marshal came 64 Fort Birkett to warn Dr. Hammatt that the settlers oc- cupied lands belonging to a railroad com- pany. They must vacate, or buy again, at the company's price. The doctor went to his lawyer, and heard from him a tangled tale of lieu lands, of appeal to the Interior Department, of a commissioner's ruling, an order of evict- ment! Could nothing be done ? the doctor asked. " The Government gave the railroad com- pany countless millions of fair acres, but the desert we bought was not included in that gift. There is justice, — somewhere, — some power to appeal to which could avert so sor- rowful a wrong ! " No power greater than the company, the lawyer said. It coveted the land made rich by the settlers' toil — their savings. He had appealed to Washington, but doubted if his letters ever reached officials higher than those who had already decided in favor of the company's claim. That was as if he The Wounded Stranger 65 had appealed to the company itself. Dr. Hammatt sent the lawyer to Washington, hoping that a personal appeal might avail. From the capital the lawyer wrote : " An influence, which it is unnecessary to explain to you, controls every source of possible re- lief. I made personal appeal to the Presi- dent. He said he was ' disinclined to over- rule a bureau decision which had been af- firmed by a cabinet officer.' " It was the day of the festival that Dr. Hammatt received this letter. After thanks had been offered in the little church, the colonists formed near its door in flower- decked ranks ; and there, sorrowful, but hid- ing his fears from the people, the doctor saw a wagon with high board sides coming up the colony road; and, seated by the wagon driver, a lawless character of the neighboring tow^n. His sudden alarm, as he recognized the bully, startled those near the doctor. The procession halted in a quick shiver of panic. 66 Fort Birkett '* Who are you and what is your business here? " the doctor asked, as the wagon drew near and stopped. '* I am a deputy United States mar- shal," repHed the man on the seat with the driver. ' My business is to serve on each pretended landowner here notice of evic- tion." For a moment the settlers were dumb; then there were angry murmurs from the men, sobs from the women. " Mr. Marshal," the doctor said, stepping forward, '' we are a peaceful people, occupy- ing land for which we have paid the Govern- ment its lawful price. A cruel crime is being attempted against us. If I accept your notices for all, will you depart, leaving us untroubled, until we can make one more effort to secure justice? " " No," replied the man. '' I must serve notice on each colonist in person. This is the company's land." A young settler, Frank Evanson, stepped The Wounded Stranger 67 from the ranks and stood in front of the doctor. *' You will evict no one here to-day," he cried. '' Not to-day ! " ''Do you threaten me?" asked the deputy. As he spoke there was an ominous movement in the wagon box. " We will defend our homes ! " Evanson answered. "Fire!" This the deputy shouted. A dozen men who had been concealed in the wagon sprang to their feet, leveled rifles at the horror-palsied people, and fired. There were cries of agony, cries for mercy, cries of rage. "Fire!" Again the deputy gave the murder order : himself shooting down Frank Evanson. "Fire!" The third volley found its victims in the huddle of fleeing men, women, and children. " Thou shalt not covet " 68 Fort Birkett In the days that followed, though himself wounded, Dr. Hammatt attended to the wounds of others; buried his murdered daughter, and her husband ; gave help to the widowed; and then, with his daughter Martha, and the little, orphaned Constance Farwell, found a new home in a high moun- tain meadow. There he hoped to spend the rest of his sorrowful life, too poor, too re- mote, to attract the vengeance the railroad company swore to visit on all the colonists its murderers had not killed. Other colonists went deep into the moun- tains; but not all to clear and cultivate land. " So long as I live," swore Frank Evan- son, when he recovered from his wound, " I shall take from the company some part of what they took from us." Others made like oath with him, and they became the outlawed train robbers of that country. They could hide in the home of any colonist except Dr. Hammatt. He told The Wounded Stranger 69 them if they turned against the law they must be strangers to him. But On the night before our travelers were turned aside from the pass, a man went to the Meadow home, and told the doctor his services were needed by a stranger. " What is the stranger's name? " " Frank Evanson." " I will attend the stranger," the doctor said.( CHAPTER VI MR. PELHAm's discovery Vanderlyn Lennox stood beneath the angular, dull-red branches of a manzanita tree, straining his eyes up the trail, which now lay revealed in the faint radiance of starlight, now obscured in shadow too dense, it seemed, to be penetrated even by the mid- day sun. He had left his companions an hour ago; Mr. Pelham deep in untroubled sleep, Birkett on guard, as on previous nights, with no thought of sleep. Miss Farwell's hurried words to him at parting, the Indian's actions as they passed the thicket, gave assurance that he was ex- pected there at that hour : but his searching eyes found no sign on the trail, nor had his 70 Mr. Pelham's Discovery 71 eager ears caught any sound but the beating of his own heart. He was startled, there- fore, when at his very side he heard a gut- tural voice : " Captain Sam, him like some tobacco." " Oh, is it you, Sam ? How did you get here?" " You alone ? " the Indian asked, ignoring the other's question. " Yes, alone. Where is Miss Far- well?" " Here," replied the young woman, and she came softly out of the shadow behind him. " Captain Sam, him smoke," the Indian said, and proceeded to do so; noiselessly pacing the trail in front of the thicket where the young people talked. Constance told Lennox something of her grandfather's story : a story wholly tradition to her, for she had no recollection of the colony tragedy. ** My grandfather," she concluded, ** has 72 Fort Birkett been parent, teacher, friend to me. The world would call him a great scholar, so my aunt tells me, but I know him only as a kind, gentle, just man : attending in their sickness the old colonists scattered through these mountains; helping them in their needs. Do you blame him, then, for going to that wounded man, even if he suspects — though he does not know — how he was wounded? Do you think ill of us because of what he has done?" "Think ill of you!" cried Lennox, im- pulsively taking the girl's hands in his. He released them slowly, saying, *' No ! " There was a silence in which neither stirred, then she continued : " Sam learned that Rawlins will accom- pany you only as far as you go to-morrow, and leave you the next morning. Then you will be free to go when and where you please, except that you must not return this way, nor by the pass." "Why?" exclaimed Lennox. He could Mr. Pelham s Discovery 73 not see the flush of pleasure in her face, brought by his tone of disappointment. " Because," she said, " by that time the men who — the men who are hiding — may need arms and ammunition. You have both." '' And can use them ! " he declared. " There are some with the wounded man who can travel more softly than we," the girl said; "we who just now came behind you and stood for minutes where we could have touched you, yet you did not know. Your arms are of no use against such men." Again both were silent until she whis- pered : '' Good-by." *' Not ' good-by.' I shall see you again." " No. It is my grandfather who says you must not return this way." ** I shall see you again," he repeated. She left him, but without repeating her denial. 74 Fort Birkett For a little while Lennox saw the two figures glide up the trail, then disappear, he could not tell where or how, though on a sudden impulse he ran after them in fruitless search. The next morning Rawlins appeared in camp before the packing was finished; but neither the travelers nor the guide spoke to him, or seemed to give heed to his presence. Several times Mr. Pelham was minded to protest, but the demeanor of his com- panions caused him to refrain. He saw that the old miner, exasperated by the presence of Rawlins, was controlling his temper under a strong pull, while Len- nox was abstracted and lacked his usual buoyancy. The bandit made a mistake common to bullies ; he believed the silence of the others denoted fear of him, and so fashioned his comments to express pleasure in their sup- posed distress. " I reckon when you folks started over the Mr. Pelham's Discovery 75 pass you didn't know as you'd be met by a committee of distinguished citizens to offer you the freedom of the mountains," he said at last, emphasizing the taunt with an ill- natured chuckle. He was again riding in the rear, to hold the others under cover of his rifle ; Birkett in the lead, Mr. Pelham following, Lennox next in front of Rawlins. He laughed again and again at his witticism, but ceased abruptly, with rifle swung into readiness, when Lennox, half turning in his saddle, said quietly, '' Rawlins, the trail is wide enough here for you to go to the front. I want you to do so." Lennox had not even lifted his rifle from its sling. Noting this, Rawlins replied, " Well, young fellow, you ain't just rightly fixed to give me orders." " I give you an order, nevertheless," Lennox said. '' I see that you are a coward, and you might shoot in the back, without 76 Fort Birkett " That's pretty tall talk for you, consider- ing the way my gun is pointed." " It ain't p'inted in no friendly way, Dick RawHns." This remark from Birkett drew Rawlins' glance. He saw the old miner's cocked rifle aimed at him, and held without a tremor. He slowly lowered his own weapon, and sullenly urged his horse to the front, for John Birkett had a record in no way related to his peaceful occupation of miner and prospector. The incident sweetened the mental atmos- phere. The guide and his charges resum.ed their friendly talk, and in its course Lennox lamented the ill luck which had deprived him of the sight of the big game said to abound in the region. Since leaving camp they had emerged from the canon which brought them from the Meadow, and for a time had traversed a broad sloping flank of the mountains, scantily furnished with stunted pine, but Mr. Pelham's Discovery 77 giving view of heavily timbered lower ranges before them; for they were now descending the eastern slope. The barely discernible trail across the mesa took them, near noon, to the edge of an unattractive gorge. So it appeared to all but Birkett ; but he often paused to peer into its depths with critical attention. " An old river bed," he muttered. " Don't jest reelect ever heving heerd of it. Mighty sight of water ran thar once. Cut off, somehow, and turned toward " He ceased muttering and called out, " Thar's yer chance. Colonel ; a grizzly, or I ain't never seen one." In the bottom of the gorge, lumbering in and out among the boulders, they saw a red- dish-brown bear, whose mighty proportions were impressive even at that great distance. But a shot at such range would be waste of ammunition. Lennox dismounted, and ran back on the trail, shouting, " I'll head him off, and get down into the gorge in front of him." 78 Fort Birkett *' Nervy move for a tenderfoot," Birkett commented dryly. " Guess Til go ajong with him, to see thet the bar don't get too intimate on short acquaintance." As he started to dismount he chanced to glance at Rawlins. Then he added, settling in his saddle, '' Guess the youngster ken look out for himself." Something in Rawlins' expression re- minded the guide that, if he followed Lennox, he would leave Mr. Pelham, un- armed, and three valuable packs, at the bandit's mercy. " I think you should go to Mr. Len- nox's assistance," Mr. Pelham said ear- nestly. " I will, Jedge," Birkett replied, examin- ing the side of the gorge further along the trail. " We ken all get down a leetle below here." " Not with the animals," Rawlins ob- jected. " 'Tain't much worse than thet way ye Mr. Pelham's Discovery 79 showed us into Hammatt's Meadow," Bir- kett answered. He tightened all the packs, and then, lead- ing the horses, they made a long slant down into the gorge, the sure-footed animals cau- tiously feeling out each step of the descent. Before the bottom was reached, a less experi- enced observer than Birkett could have seen that it had been the course of a river. It was not ancient, as geologists use the term; for the sharpness of the water-graven lines on the rocks proved that no great period ago they were cut by a swift, continual current. Now, even when the fast-melting snow kept other river banks full, there was here but a small creek, murmuring lazily. While Mr. Pelham was alert for some sign of his absent companion, Birkett was even more intent upon the tale told to him by the rocks, as by a printed page. Rawlins watched the old prospector with wolfish eyes. All started at the sound of a rifle shot, and remained in silent expectancy until a 8o Fort Birkett second shot was followed by a long " Halloo ! " so plainly the expression of exultant youth that the lawyer smiled in re- lief, and the miner said in a satisfied tone, '' The Colonel hez the bar, Jedge." They traveled easily, now, up the creek bed; but, although they heard Lennox's signaling halloos, he was hidden from sight until they passed through a narrow chasm into an oblong basin, forming the abrupt upper end of the gorge. The only break in the wall now surrounding them was the narrow passage which once released, into the gorge below, the tumbling tumult of water plunging into the basin over the edge of its cliff walls, hundreds of feet above. Now the gravelly floor was clean and dry ; except for a little pool, where a wavering silver thread, the wraith of the river that was, fell mistily over the cliff. There they found the huntsman standing by his game; hot, disheveled, happy. As they took their midday rest and meal, Lennox Mr. Pelhams Discovery 8i told them that the bear had been wounded by the first shot, but had managed to reach the basin, where he towered at bay until brought down by the second shot. ''It's a better fort for a man with a gun to hold, than for a bar," Birkett commented. He said they could likely get out of the gorge without having to climb its steep sides, by following the creek ; for a river, the size of that which once flowed there, had an out- let large enough to give them easy passage. He suggested that they make camp there until the next day. He wanted to " look around a bit," he said. This plan suited Lennox; for it would take several hours to prepare his bear-skin trophy for transporta- tion. The horses had been left outside the basin, and Birkett went to attend to them, and the pack. The bandit followed. He appeared to be fascinated by the miner's every move- ment, kept close to his side, made uncouth efforts at friendly advances. 82 Fort Birkett After watching Lennox, at work on the hide with his hunting knife, Mr. Pelham went to the pool, in the hope that it might furnish a fish supper. If any trout hved in its clear shallow water, they were not tempted by his casts, and soon the delights of Walton's precepts won him from his practice, and he abandoned the rod for the book, comfortably stretched on the margin of the pool. At times his '' idly meditative " gaze wandered from the page, and in boyish luxury of indolence he dimpled the surface of the pool with a toss of pebbles. Once he balanced a handful of missiles, then, with no conscious purpose, opened the hand, and examined its contents. Something he saw startled him, quickened his pulse. He scat- tered the stuff in his hand over the open leaves of his book; picked out some of the particles that fixed his attention, and then uttered a cry that brought Lennox to his side with a bound. Mr. Pelham's Discovery 83 "What is this, Vanderlyn?" he asked, and his voice shook. Lennox took what the lawyer held out to him in a hand that trembled, gave it close scrutiny, then, his breath quickening, scraped with hunting knife the dully red object, dropped his knife, and whispered: "Gold!" CHAPTER VII a midnight desertion "Gold!" Oh, the impetuous pulse, the tumult of heart, aroused in the seeker after gold when the sense of sight is corroborated by the softly-solid touch of the magic metal ! Not the rebellious stuff in which gold, unseeable, unfeelable, is fused with baser metals; not the ore that a chemist's acid, pounding mill, roaring furnace must treat before the dross is burned, ground, melted away; but the free, naked gold, which man with unaided hands may wash from its gravel bed, and see, and touch, as he wins it ! What gloat- ing revels of the mind its sight, its touch, evoke in him who finds it after weary years ; or in the novice — most often the finder ! Gold! 84 A Midnight Desertion 85 Something in the very attitude of the men told Birkett, when he returned to the basin, what had happened. After one glance at them he hurried to his pack, took shovel and pan, and waded into the pool until he stood knee deep in it. Then he felt with his shovel to find a riffle in the gravel-covered bed- rock, brought the shovel up laden — its weight made him stare and tremble — put the gravel into his pan, and dipped it again and again in the water, tipping and turning it at the same time. Now he would scrape away the top gravel with cautious fingers, then the water would be used to clear away more; and by these means, repeated again and again, the pan was washed until there remained in it a handful of fine particles, of pieces the size of beans, of nuggets the size of a woman's thimble, smoothly irregular, dull reddish-yellow — gold ! Mr. Pelham and his companion stood on one side of the pool, watching the old miner in his skillful work, with an excitement they 86 Fort Birkett could not have explained ; tingling with a de- light they gave no thought to translate ; con- scious of a thrilling event, yet but vaguely understanding. On the opposite side of the pool stood Rawlins, half crouched, like an animal about to spring, his twitching mouth agape, his snaky eyes fixed, unchanging. Birkett took his treasure to where Mr. Pelham and Lennox stood, and held it out for them to see, himself half-dazed. They dipped up the gold in their hands, let it drip through their fingers, and picked out specimens for special praise. " By Jove, old man ! " Lennox cried, " there must be a lot of this stuff, for a single pan to yield so much." " I wish Tom Matthews could hev seen this," Birkett muttered. '' I'd like Tom to see this ; the richest gravel I ever panned — or ever heerd on." He emptied the gold on his own coat spread out on the dry gravel, dropped pan and shovel, and turned sadly away. The A Midnight Desertion 87 action seemed to awaken Rawlins out of a trance. He jumped up and down, uttering animal-like cries, then seized the pan and shovel, dashed into the water, and clumsily washed some gravel. This could be done by a prentice hand, for, in the riffles, gold lay fat and heavy; as if nature, during ages, had designed to concentrate such treasure here as would startle man ! In a few minutes Birkett turned to the travelers again, and said: " Gentlemen, the river thet one time fell over thet cliff, into this here gorge, some- whar or other, cut across a quartz ledge thet was alive with free gold, like the speci- mens jewelers set into rings; a ledge of quartz thet miners dream of — plugged with native gold, free gold, like a wooden target with lead. For centuries thet river was washing thet gold out of the quartz, rolling it along, rolling it along, to toss it at last into this gorge. Why, gravel thet yields no more to the pan than the pinch of salt ye'd 88 Fort Birkett put on a potato, is wuth working ; but gravel thet pays a handful to the pan " He paused as if seeking some figure of speech that would help, but gave up the search and continued slowly, soberly, '' Jedge, in this basin alone thar are tons of gold! " Mr. Pelham and Lennox looked at each other in astounded silence, but Rawlins, who had heard the last words, roared hoarsely: ''Tons of gold! Tons of gold!'' He dashed from the water to the growing pile of nuggets, shouted, laughed; rushed back into the water to resume his work, mutter- ing, laughing yet, but never looking at the others. The sight of the fellov/, changed by avarice into a half-crazed beast, repelled the others, and they drew aw^ay from the pool. Out- side the basin entrance, Birkett said, '' Jest to hev everything legal, according to min- ing law, we'd better put up notices of loca- A Midnight Desertion 89 The eminent lawyer and the diplomaed mining expert listened respectfully to the old prospector as he explained the law governing location of mining land; the law his whole class know and respect ; and the proper legal forms, simple and brief, were soon written and posted. Mr. Pelham's claim included the basin; Lennox's, the next adjoining; Birkett's, the next, for the latter insisted upon this order, giving him the least favorable claim. '' Rawlins," he said, " ken locate next to me, down the gorge. I don't jest hanker to hev him for neighbor, but I'll hev to make the best of it. We couldn't get rid of him now, with dynamite." '' We'll share both our good and ill luck," Mr. Pelham declared. " Our three claims shall be consolidated into one, each of us to be an equal owner in the whole." *' Bravo ! " cried Lennox. *' Tom Matthews couldn't bin no fairer, sir," Birkett said. 90 Fort Birkett " Then we'll each have to endure but a third of our bad luck, having Rawlins for a neighbor." " The trouble with yer first proposition, Jedge, is thet ef I share in the basin claim I'll hev so much gold I'll never hev to prospect agin. Then what '11 I do with my time? " *' I've never before heard that problem ad- vanced as an argument against accepting the goods the gods provide." '' But a genuine prospector don't hunt for gold for the sake of the goods; no more'n the Colonel shot the bar for the sake of bar meat. It's the fun of the hunt thet pays." "Pays him, for instance?" asked Mr. Pelham, pointing to where the bandit was yet working with frantic energy. "Him? Oh, he's no hunter! He's a jackal," the miner responded. When Rawlins, at last exhausted by un- usual toil, threw aside pan and shovel, supper was being prepared. Only then he dis- covered the posted notices of location. A Midnight Desertion 91 '' Do these things mean that I don't get in on the basin gravel ? " he demanded angrily. '' Seeing ez how the Jedge first discovered, and first located it, it looks like ye'U hev to go further down the creek," Birkett re- sponded. '' And none of that," he gasped, pointing to the pile of gold weighing down Birkett's coat, " none of that is mine? " " What's panned out of an honest claim belongs to the owner : no matter who panned it. A considerable number of misfortunit gentlemen hev ben shot, or hanged, jest be- cause they forgot thet law of all mining camps." As Birkett said this he eyed Rawlins sharply. The latter's manner changed ab- ruptly; he laughed, said there would be enough for him further down the creek, and set about making himself useful with camp duties. Around the drift-wood fire that night, the 92 Fort Birkett old miner told tales of other great dis- coveries of gold, in gravel, and in quartz ; alike in that all had been made by accident, usually by inexperts. Then, when the two mountain men rolled themselves in blankets, and seemingly slept, the Easterners talked in low tones of the wondrous adventure of the day; how, for the younger, it altered, expanded, brightened future plans; of fel- low students whose life hopes of achievement through study he would now make real; of a lost prominence to his family he would now restore. The elder man spoke of a home enriched by all that art could supply ; of the gratitude of his alma mater for endowments to add to her renown and usefulness. They spoke slowl}^ their words halted, ceased. All was quiet. For a time Rawlins knew he was watched by Birkett; but the old miner, who for three days and nights had scarcely closed his eyes, fell at last into the sleep of a body fatigued, a mind lulled by dreams of dreams realized. A Midnight Desertion 93 The sun had already cast off its early robe of orange when Birkett awoke. His first glance was toward the spot where the fire- light had last revealed the form of Rawlins. The next instant he sprang to his feet, ran to the entrance of the basin, looked down the gorge, and then his shouts awakened his companions : " Rawlins is gone, and the horses with him!" "And the gold, too!" Mr. Pelham cried angrily. " The gold he took isn't a leetle drop in a big bucket to what's left for us to take," Birkett said, and added in a significant tone, '' ef we ken protect ourselves while we mine it." '* Protect ourselves? " exclaimed Lennox, puzzled. Then, with a shock of understanding, he searched the ground by the side of his blanket, and soon cried in dismay : " He has taken my rifle ! " 94 Fort Birkett " Mine, too," Birkett responded dryly. " Well, no man ever discovered gold thet didn't discover trouble with it. Before we start washing out gold, I guess, gentlemen, we'll jest see what kind of a fort this basin will make, and how much grub we hev on hand.'* CHAPTER VIII RECRUITS FOR DICK RAWLINS Late the next morning, Rawlins, with his stolen horses dead beat, reached the ravine by which Dr. Hammatt and the wounded " stranger " entered the trail to the Meadow. There he turned aside, picketed the animals, and threw himself on the ground ; exhausted by the toil of the previous day, his sleepless night, the forced march since deserting the party in the basin. He might have made the short distance further to the Meadow, but he wished not to be seen with his stolen horses and arms by others than his fellow bandits. On this account he determined to rest in the ravine, until darkness insured an unobserved visit to the companions he expected to find in hiding near the ranch house. This precaution would have served 95 96 Fort Birkett his purpose ordinarily; but it chanced that, as he urged his weary animals up the trail, Constance Farwell leisurely rode down it toward a thicket of manzanita. There she dismounted and stood beneath the distorted limbs in reverie. Her senses were so pro- foundly sunk in the pleasant deeps of her thoughts that Rawlins might have discovered her but for a tremor of the reins upon her arm, which roused her to mark the keenly forepointed ears, the questioning eyes, of her horse. Now, as sensitively alert as the animal, she felt, rather than heard, distant brunt of hoof on rock. She flushed, and repeated Lennox's words : " Not good-by. I shall see you again." ''Could he be returning, already?" she asked herself, and the hope that answered '* Yes " quickened her heart. Then, in alarm, came another question: ''Why return so soon?" The flush faded from her face, as her ear told her that the Recruits for Dick Rawlins 97 approaching horses were hurried. '' An accident ! " Her cheeks slowly re-reddened, as she shyly indulged thoughts of a reason which would return Lennox to her, aye! with the urgency she would go to him — if she might ! She withdrew, with her horse, well into the thicket; and, with Indian-taught craft, concealed herself where she could yet com- mand a view of the trail. But Constance's heart had not been taught concealment, and while she took the red man's precaution not to be seen, if it chanced that a stranger ap- proached, her eyes spoke gentle hope that it would be a friend. Alas! hope died from the shock of fear which struck her heart at the sight of the first horse that came into view — Lennox's, saddled, but riderless! Then came Birkett's — the rifles of both slung to their saddles — Mr. Pelham's, the pack animals, packless, and last, Rawlins, with evil, haggard face, carrying in front of him on his saddle some- 98 Fort Birkett thing heavy, wrapped and bound in a man\ coat. Constance must have fainted, for she heard no sound of hoofs when she was again conscious of wondering what calamity had sent back the travelers' train driven by Rawlins ! Over a trail so little used, it was an easy task for Constance to trace Rawlins to the ravine. Up that, from tree to tree, stealthy as the shadow of a cloud, she proceeded, until she discovered the tired horses, stripped and picketed, and the bandit asleep, but clutching the package he had carried on his saddle. Dr. Hammatt had been called away that morning to attend a colonist's child, at some distance from the Meadow; thus Constance was deprived of the advice to which she would have confidently turned. Martha was wise in any emergency, but, rather than concern her with a story but half Recruits for Dick Rawlins 99 known, Constance resolved to learn, with the aid of Indian Sam, the fate or where- abouts of the travelers. So, when she re- turned home, it was to him alone she spoke of her day's adventure, and asked his help. To track a white man in spectral silence, with a patience that knew no end, was occu- pation more congenial to Captain Sam than to superintend other Indians in the homely labors of the ranch. He accepted the task with gruff assurance of understanding ; say- ing that he would keep Rawlins in sight until he made some move, and report later to Miss Connie. Then, with his aquiline eyes alight with a long-latent fire, he struck off for the ravine. Constance knew how certain the Indian would be in his work ; yet, after leaving her aunt as early in the evening as she could without exciting question, she was filled with anxiety when she retired to her room to await the Indian's signal. It was full two hours after dark before the loo Fort Birkett signal came, and at its sound — the call of a night bird — she quietly left the house, and joined the Indian where he waited, still as the night itself. Without speaking, but with a sign of cau- tion, he led Constance nearly a mile up the trail by which our travelers first reached the Meadow. There he turned to the right, and entered a redwood forest, which they pene- trated a few hundred yards, when they saw the glow of a low-burning camp-fire. At the instant of this discovery Constance was startled by sounds of angry voices. She knew this was the camp of the wounded '' stranger " and his followers, who had left their retreat in the stables early that morn- ing. Sam told her that until now the ban- dits had maintained strict silence, and been guarded by sentries, so she was puzzled by the present disregard of precaution against intruders. " Have they quarreled ? " she whispered to the Piute. Recruits for Dick RavvlinS ibii* i '' You see, pretty soon." Until then he had kept a mask of trees between them and the fire, but now, with Constance close following, he slowly ad- vanced until, at last, they crouched behind a fallen redwood, whose tangle of upturned roots made a tattered screen, through which the camp came into view like a suddenly dis- closed scene upon the stage. On a bed of boughs, overlaid with a single blanket, lay the wounded man, Frank Evanson ; his face, unshapen by pain and anger, sharply pictured by the firelight. Seated about a saddle cloth spread upon the ground were Rawlins and four of his fellow ban- dits. In a tense hush, caused by the sight of something Rawlins had just revealed, the others watched him with rapacious eyes. " Proof? '' Rawlins cried. " You say you want proof of what I tell you? There's proof!" He flung a handful of gold on the cloth. ,io2 --.Fort Birkett The others sprang upon it, tore at it, Hke wolves on a stricken prey. Rawlins laughed. " Keep it, boys," he said. '' Here's more ! and more ! " He thrust his hands into a bundle held on his lap, and threw more gold on the cloth, while the others snatched, and fought for it, snarling. " Don't quarrel, boys," he cried; and, lift- ing Birkett's coat, he poured forth its burden of nuggets in a stream that caught the glow of the fire, and shone ominously red. His companions gasped, while wonder stayed their hands. " Will you go with me where that can be shoveled up like dust in the road? Is that more worth your while than fighting a sheriff's posse — for nothing? " He hesitated at an exclamation of rage from Evanson, but then continued hurriedly, turning his glance from the wounded man to the inflamed faces about him : Recruits for Dick Rawlins 103 " It's the old river bed men have hunted ever since men came into these mountains hunting for gold. Everybody knows that some river was yellow with the gold that's scattered through miles of sand and gravel in the upper end of Mojave Desert. It was the river that once fell into that basin and flowed through that gorge. The gold in the Mojave is only the dust that drifted out, miles and miles away. In the gorge it settled, heavy, thick! I heard Birkett tell the Easterners. Is Birkett a fool ? He said that that basin holds tons of gold ! Tons of gold! Are you going to leave it to Birkett, who's not one of us, and those Easterners, to carry away ? It's in our mountains — at our hands to take — tons of gold! " As he ceased speaking he, and they who had listened, looked again at Evanson, but defiantly, now. " Dick Rawlins," Evanson said, with effort to be calm, '' the gold belongs to the men who discovered it." I04 Fort Birkett ** Of course no one else here ever took gold that wasn't his," Rawlins sneered. " You mean that for me, and you dare to say it because I'm wounded, helpless," con- tinued Evanson. " Yes, I've taken money that didn't belong to me; took it from a com- pany that robbed and wronged me, that murdered my people. I risk my life to take it, and give it to those who need it. You ask these men to desert me ; to murder those who've done us no harm, who've been guests under the roof of Dr. Hammatt, our best friend. Cowardly ! If I could raise a hand to hold a gun, you'd not ask my men to help you rob strangers of gold, after you'd stolen their arms." He paused to note the effect of his words, and his eyes filled with angry contempt ; for none listened to him as they fondled the gold, absorbed in Rawlins' plans. ''It's the easiest game you ever had, boys," he was saying. " They're caught like coyotes in a trap. They've no guns to fight Recruits for Dick Rawlins 105 with, nor horses to run with. Evanson will be all right. I'll let Piute Sam know that he's here alone, and the Indian will fetch what's needed." '' That won't do," exclaimed one. '' The Indian will tell the doctor's granddaughter, and we'll have worse than unarmed men to fight, in spite of the doctor being away." ** What do you mean?" Rawlins asked, turning on the speaker. " Oh, she was mightily taken with that pretty Easterner you brought through here." "She was, eh?" Rawlins said, discom- fited by the laugh greeting the other's re- marks. '' Well, she'll be mightily taken with me when I court her with a bagful of gold. You needn't fear Indian Sam ; a few of these nuggets will fix him. The Piute never lived who wouldn't sell his best friend for yellow dust." ''Did you bring away their ammuni- tion?" io6 Fort Birkett " I brought Birkett's. The rest I couldn't find. Anyway, I had to push the horses, and didn't care to load them with useless weight. What cartridges they've got will harm nobody — with no guns to shoot 'em with." Rawlins saw now that the men were ready to desert with him; and when one asked his plan, he spoke as if in acknowledged au- thority : '' To-morrow we'll move down to the mesa and camp above the basin. We'll have a look at Birkett's party to see if they've done anything to defend themselves, and decide whether to rush 'em then, or make into the gorge lower down, and come upon 'em in the night." "If we wait until to-morrow night they'll be gone with all the gold they can pack on their backs," said one of the bandits. " The more gold they take out the less trou- ble for us," Rawlins responded. " If they try to make a run for it without horses, we'll Recruits for Dick Rawlins 107 soon overtake 'em. But the chances are Bir- kett will stick to the basin, and not try to get away without saddle or pack animals." Sam, peering through the screen of roots, felt Constance signal to him with her hand on his arm, and followed her as she moved silently toward the road. When they had retreated some distance she whispered, '' Did you see the rifles Rawlins stole? They leaned against the opposite side of the roots; I could almost touch them." The Indian nodded. '' Can you get them when the men are asleep? " " Get 'em now." '' As soon as you can. Bring them to me at home." As she started to leave, he said : '' Miss Connie." "Well, Sam?" " Maybe Sam bad Indian. Maybe he sell Miss Connie for yellow dust." She put her hand on the old man's arm and io8 Fort Birkett said, '' You would not betray Miss Connie — not for your life's blood." She left him; and when obliterating shadow effaced her form, he stroked the place on his sleeve where Constance's hand had rested; and, while, with steadfast eyes, he watched a star traverse its hour's arc of the heavens, he yet gently stroked the sleeve as if it were some small creature that he loved. CHAPTER IX UNEXPECTED PERIL After ascertaining what they supposed to be the worst of their phght, and finding that Rawlins had not levied on their store of pro- visions, the party in the basin held a council ; and therein Birkett made a blunt statement of their exigency, which, he saw, the East- erners did not yet realize. He told them in his way that the men with Evanson, though less noted outlaws than the train robbers, were more to be feared. They were of a class with Rawlins; desperadoes, without Evan- sons' measure of grace ; lawless vagabonds of the foothills and mountains, who robbed miners' cabins of small stores of gold, stole horses, invaded isolated settlements where, if resisted, murder was added to other crimes. The protection they gave Evanson and Tag- 109 no Fort Birkett gert was not based on the motive which in- fluenced Dr. Hammatt in his care for wounded '' strangers," but was in return for a share of the train robbers' booty. "It appears, then," said Mr. Pelham, whose boisterous wrath had subsided into calm heed of their state, ''that we face a probable encounter with men who will not hesitate at bodily harm if we attempt to maintain our lawful occupancy of this ground." "Thet's purty nigh the proposition, Jedge," assented Birkett, and then mur- mured softly, " Bodily harm ! Be-eautiful ! " " Then it is our duty," resumed Mr. Pel- ham, '' to leave here at once, return with an adequate force, arrest these villains, and re- cover our gold mines." Birkett looked at the speaker for some time before he replied. " Excuse me, Jedge," he said at last, patiently, " ye don't savvy the game ez it is laid out — and ez it's laid out it must be played." Unexpected Peril iii " One moment, Mr. Birkett," interrupted the lawyer, blinking in his effort to master the guide's figure of speech. " There is a game, it appears, governed by rules in whose making we have no choice. So. It fur- ther appears that we are required to play, whether we are sportively inclined or the contrary. Very well: now, what is the game? " '' Jedge," exclaimed Birkett delightedly, ** it's easy to explain to a party thet hez yer knack at catching the idee. The game is this : We know too much to be let to trail out of here. We know whar this amazing pay gravel is; we know whar this gang is, and, ez you was remarking, ef we got out we'd likely come in with an ad'quet force — which I take to be a posse — and thet would upset Rawlins' gang's plan ez to this here gold; and likewise upset the gang. I don't jest reckon thet Rawlins' party would let us pull our freight, knowing what we'd do ef we got out." 112 Fort Birkett '' Do we wholly depend upon Rawlins* permission to go? " *' Not ef WQ had animals to travel on. Without horses, yes." " The fact seems to be, sir," said Lennox, '' that, whether we wish to or not, we must make a stand; and, without arms, we can make some sort of defense here; in the open, none." Mr. Pelham pursed his lips, looked from Lennox to Birkett, but remained silent. " The Colonel," remarked the old miner, " hez put the case in what ye might call a neat and tasty manner." " It's not a question, then," Mr. Pelham said at last, " whether we shall retreat or defend ourselves, but how best to defend our- selves." '' Precisely, Jedge," exclaimed Birkett. " It's root hog or die." " The choice," said Mr. Pelham, in sud- den cheeriness, '' is easily made. Let us root" Unexpected Peril 113 *' Good," cried Lennox. " Now, friend Birkett, what's to be done ? " " In the fust place, Colonel," said Birkett, his grizzled face reflecting the others' cheer- fulness, '' ye get out of those purty store riding clothes, put on the rough togs I've seen in the pack, thet I reckon you meant to examine the borax deposit in, and then ye'll be more fit for work." "And the work?" '' The work is, to build what ye might call a fort." All day they worked ceaselessly. Across the narrow entrance to the basin, and bridg- ing the stream, a wall of logs and rocks, six feet high, was built. Inside the basin, eight feet back from the wall and the same space apart, two posts were set up, and a log, rest- ing on these posts, made a support for the roof, which extended thence to the top of the w^all. The roof, better to resist bullets fired from above, was made of stout pifion boughs, packed with bunch grass, and overlaid with 114 Fort Birkett as much sand as it would bear. Thus they had a retreat open toward the pool, and on both sides, but walled across the gorge side, from which direction, the builders supposed, attack would most likely come. Indeed, the only other point of attack was from the edge of the precipice above the basin. Entrance from the gorge was under the low bridge made by the span of the wall across the creek. Within the fort, on one side of the creek, was a margin of pebbly beach, affording room for storage of packs, and on the other side was ample space for their blanket beds. Birkett cooked the bear meat, sacked it, and stored it on a rock shelf. '' This, gentlemen," he said, when, wearied, but content with the result of their labor, they sat down to supper, " this isn't jest wh^t might be called a Palace Hotel parlor bedroom, but, considering things, we hev a tol'ably fair cabin; warranted bullet and earthquake proof." "And its name," Mr. Pelham declared, Unexpected Peril 115 handing the guide a cup of tea, then rising and bowing to him ceremoniously, " is Fort Birkett!" " Hurrah for Fort Birkett ! " cried Len- nox, jumping to his feet. '' In the cup that cheers Mr. Pelham, and inebriates no one, let us drink to the success of Fort Birkett. Speech ! speech ! " " Gents, all," said the old miner, rising slowly, then pausing to take a scalding mouthful from the tin cup he held, " gents, all, ye do me honor. Not wishing to be in better company, but only wishing he could know what good pardners I hev at present, I wish Tom Matthews could see me now." '' John Birkett," said Mr. Pelham, " if the late Mr. Matthews was as good a man as his partner, he is where he can look down on you now, or I forswear my creed." " Thank ye, Jedge, thank ye. A good word for Tom's memory is pleasant to hear, sir." The night was divided into three watches. ii6 Fort Birkett The first was given to Mr. Pelham, but he had the others to share it with him, for sleqp would not come at their bidding. The sec- ond watch Birkett stood, and Lennox the third. The gorge was yet in the somber gloom of night, although a ghostly dawnlight was already revealing the high peaks to the south when Lennox, pacing the bank of the creek a little outside the fort, halted abruptly, in a daze, then sprang down the gorge crying, ''Constance! Constance!" He had heard his own name called, and, far away and faint as was the voice, he knew it was hers. Led by each other's voice, they drew together, calling " Constance," " Vanderlyn." But when they met, and he clasped her hands, she drew away from him, and in a voice which had been brave and steady when they were far apart, but trembled now, she asked, " You are safe — well — all of you, Mr. Len- nox? " '' Yes, Miss Farwell." Unexpected Peril 117 She had come into the gorge some miles below, where the south bank was more shal- low, and less steep. She had ridden her horse until she had heard Lennox call her name. '' Then I left him," she said. " He was so slow, finding his way in the dark, among the boulders. He would not hurry ! " She was suddenly glad of the darkness, that he could not see how she blushed at what she said. '' I hurried, too," he answered. " Here," she said quickly. " I brought your rifle, and Mr. Birkett's. And I have my own." He took the two rifles with a cry of de- light. '' I have a belt of cartridges for my rifle," she continued. '' I brought none for yours, because I knew that Rawlins did not take your ammunition." " I have cartridges, and you give me heart by returning to us the means of using them." As they talked, he asking anxious ques- Ii8 Fort Birkett tions about her night ride from the Meadow, she answering simply, the dawn rushed down the sides of the mountains, flooding the gorge with its orange glow, and at last they could look into each other's eyes. Then they spoke no more. " Jedge ! Jedge ! It's a woman ! " Lennox, hearing this shout at the fort, led Constance there, and she was greeted with many words of praise and wonder for her plucky ride to their aid. " And Miss Hammatt — did she come with you ? " Mr. Pelham asked. " No," said Constance, smiling at some- thing. ''She wanted to come; but my grandfather is away, and one had to remain at home." They listened with increased wonder as she told them how she had learned the ban- dits' plans — though she said nothing of her ride to the manzanita thicket, where she first discovered Rawlins' perfidy. The Indian, Sam, she said, would remain at the Meadow Uuexpected Peril 119 until the bandits left ; do what was required for Evanson's comfort, and then follow. He would keep near enough to the bandits, or, if necessary, join them, until he learned their immediate purpose. " With only five men surrounding you, I can slip through their lines without much danger,'' Constance said. " I can bring Sam in, too, if he seems more needed here than outside. It is now a matter of holding out until my grandfather's return, when he will learn at once of your situation, from my aunt." "And when will Dr. Hammatt return?" Mr. Pelham asked with some concern. " In two or three days, if there is no call for his help other than that he set out to answer. Then, within a day, he can collect enough good men to drive Rawlins' people away. In the meantime, with three rifles, and protected as you are, you can repel these wicked men if they are so desperate as to at- tack you." I20 Fort Birkett *' My dear young woman," exclaimed Mr. Pelham, '* 3^ou have done us a wonderful service. You have planned your movements like a general ! I hope to escape from here if only to devise proper means of showing you our gratitude and affection ! " Constance glanced at Lennox, and seemed content, when their eyes met, that he made no other acknowledgment of what she had done. " Now, my dear Miss Farwell," continued Mr. Pelham, '' you have been without sleep, and are fatigued. You require rest and re- freshment." She had thought little of the hardship of her task, for the motive which urged her on had monopolized her thoughts; but she was a very womanly young woman, and the gallantry of the lawyer's speech, Lennox's silent approval, Birkett's frank praise, pleased her. With the first coquetry she had ever praticed she now courtesied to the law- yer, and, translating his manner into the Unexpected Peril 121 feminine, replied, '* My dear Mr. Pelham, a cup of tea made by you will be sufficient evi- dence of your gratitude and affection. Then I will rest, for to-night I must meet Sam, and learn what plans of the enemy you should prepare to resist." '' Brava ! " cried Mr. Pelham. " Here we have a lady of the salon, a general, and an army, combined in one charming young per- son. Brava ! Van, bacon, sir, in your best manner. Birkett, such cakes as you never made, for Captain Molly Pitcher ! '' When all had breakfasted, the fort was given up to Constance. Mr. Pelham went to the pool to practice with the gold- washing pan, while Birket and Lennox discussed the news brought in by Miss Farwell. " One thing is certain. Colonel," the guide said. " Jest ez soon ez Rawlins finds out thet our rifles are missing, he'll hustle along in this direction. Shouldn't be surprised ef we heerd signs of him by noontime." 122 Fort Birkett " Thank Heaven, we are prepared for him, now.'' " It's mighty comforting to feel this gun in my hands agin. Reckon we'd better load up, so's to be ready for any leetle gun picnic we may be invited to jine. I see thet Raw- lins hez pumped all the cartridges out of the magazines of our rifles." " My cartridges are in the package we have not opened yet ; the one with the extra bacon and coffee." Birkett stared at Lennox. " Not in thet package, Colonel," he said, and his voice faltered. " I've lost my sense of heft ef thar's lead in thet package ! " Lennox ran to the fort, brought the pack- age, nervously opened it, and disclosed three sides of bacon, three tins of coffee, and six parcels of tea. He stared at the things vacantly, then called to Mr. Pelham. " Do you remember, sir," he said, " taking some cartridges out of one of the bundles ? " "Eh? What?" asked the lawyer, look- Unexpected Peril 123 ing up from his work. " Cartridges? Oh, to be sure. They were in the way when I was packing a little extra tea I had, and " "And you put them in another bundle," interrupted Lennox desperately. ^' No-o," replied Mr. Pelham. " I recall thinking that you could not possibly need so much ammunition, so I left them with my extra baggage at Anderson's. Why, Van- derlyn! What's the matter? What is it, my boy? " Lennox, nigh overcome by the sudden effacement of hope, turned away without speaking. Birkett walked to the upper end of the basin, put his head in the spray of the falls, and muttered, " Extraordinary man, the Jedge ! Extraordinary, ez ye mir;ht say.'' No one spoke for many minutes. Each felt that nothing could be said which would not certainly be futile, and probably regret- tably. Then Constance appeared, refreshed, 124 Fort Birkett she said, by her rest, and Mr. Pelham told her the story; sparing himself in no degree. " Now," he added, and his manner was as if their ages were reversed, " now, my wise friend, what can I do? " " My father's rifle is of the same caliber as yours," she said. '' He has a supply of car- tridges." " I will go and get them," the lawyer said simply. '' 'Twouldn't be wuth trying, Jedge," Birkett commented. " No one with less craft than Miss Constance could get out of here, unless he was looking for more trouble than we ken let ye get into. It will be mighty risky even for her to go out. It's no use, Jedge." "Birkett, Vanderlyn," said Mr. Pelham deliberately, " I have done a deed of crass stupidity, at best; of criminal stupidity, as events prove. I shall make an effort to rem- edy the wrong I've done, even at the cost of my life, I believe you know how I feel. Unexpected Peril 125 and thank you for the restraint you show in sparing reproach. As to my making the effort, it is not a matter for discussion — I shall make it — and you will add to your kind- ness by not opposing me." He spoke gravely, showing that he real- ized the danger he chose to encounter ; and, while Birkett only looked at him admiringly, Lennox grasped his hand, and exclaimed, " There was no possibility of your — of any- one's — ^knowing that the cartridges would become a life or death necessity. There is no reproach for you in my heart." The lawyer answered the young man with an affectionate smile, then turned to Con- stance and asked, " Now, what is to be done to start this marplot on the way to the Meadow?" Constance hesitated, but a sign from Len- nox told her not to try to dissuade Mr. Pel- ham. She said it was useless to attempt to go back by the trail, as anyone doing so would meet Rawlins coming by that route. 126 Fort Birkett For the same reason, it was not safe, even, to go out by the less steep side of the gorge to the southland turn north at the head of the basin. Therefore he could not make use of her horse. The only way was to scale the steeper side to the north, and then make due west. Mr. Pelham, she said, would have a rough country to travel, but, if his strength was equal to the journey, he should reach the Meadow before daylight the next morning. She warned him not to speak to any of the ranch laborers, who were casually hired In- dians, and not to be trusted. '' Go directly to my aunt, explain everything to her, and abide by her advice as to the manner of your return," she said. Mr. Pelham listened to the girl as if she were a client explaining the vital point of an important case, and when she concluded, he said, " I understand; I shall start at once." And he did start as soon as Birkett had made up, and fastened to his belt, a little package of food. Unexpected Peril 127 They watched him make the steep ascent up the north side of the gorge, showing un- expected skill in selecting boulders and stunted trees to aid his progress; and finally returned his cheerful hand- wave before he disappeared beyond the edge of the bluff. CHAPTER X THE CAPTURE OF CONSTANCE It was not more than an hour after the lawyer's departure when Birkett, who had kept close scrutiny on the woods fringing the upper edge of the basin, said quietly, '' I guess, Colonel, we'd better get inside the fort and find out ef it's bullet-proof." " I've seen no signs of men," said Lennox, who also had been watching. " Neither hev I," replied the guide. '' But I figure out thet the birds hev — them ez hez bin flying from the woods up yonder. Look like they was kind of skipping out for their health." Inside the fort Constance helped to pre- pare dinner, and a half-hour passed before further alarm, but this was one that made them all start — a crash of rifles, followed by 128 The Capture of Constance 129 a battering of bullets on the roof, and a shower of sand which sifted down on the inmates. '' Thet suit was played to see ef we hev cards to follow," Birkett said. '' We'll give 'em a notion thet we're holding tol'ably strong hands. Hold yer rifle out, Colonel, jest ez I hold mine, so ez it ken be seen. Now, Miss Connie, don't expose yerself, but pump out three shots, fast ez ye ken. I reckon the trick will fool 'em." Constance obeyed, when another volley had been sent down from above, and while conspicuous display was made of the three rifles from as many sides of the fort, she fired three times, rapidly. The ruse had an effect, for the attacking party withdrew, evidently for consultation. Later, single shots from various places on the cliff were directed at a single point on the roof, with the purpose, it seemed, of tear- ing a breach through which the fort's in- mates could be reached. Lennox, when he 130 Fort Birkett realized this design, took Constance's rifle, saying, " It must be made unsafe for them to bore a hole through our defense. Can you locate any of those men for me, Birkett ? " The guide lay on his back and slowly pushed his head out beyond the line of the roof, screening himself with one of the pinon boughs which littered the ground near by. Lennox did the same, and Birkett directed his attention to a movement of the under- brush by the side of a tree growing so close to the edge of a cliff that some of its roots were exposed. " Thar's one gun," he whispered. '' I kain't see the man back of it; but when he fires his hands will be in sight." Lennox, with Constance's rifle in hand, crouched inside the fort, like a runner await- ing the signal to start. *' Let me know when that fellow fires," he said to Birkett. There was one shot, then another, and at the second the guide shouted : " Now ! " On the word, Lennox sprang The Capture of Constance 131 into the open, raised, and sighted his rifle as he did so, and as he stood erect fired. The shot was answered by a cry of pain, and something rattled down the side of the cliff, falling at the edge of the pool. Lennox, a target for several hasty shots, dashed for the fallen object and brought it to the fort — a rifle, broken and bent. " We have one gun less to fight," he said, as he handed the weapon to Birkett. The old man took the gun, and remarked as he examined it, '' And they hev one less hand to pull a trigger." He pointed to a smear of blood on the stock. " It was a good shot. Colonel. It hez made 'em draw off agin, so I'll jest hustle and patch up the roof. But look to Miss Connie ! " Constance had said nothing when Lennox took her rifle; had watched him with con- cern, but approval, as he left the shelter of the fort ; had shown pride as he brought in the weapon, but, at the sight of the blood, some quick change in her emotions nearly 132 Fort Birkett overcame her. Lennox thought she had been moved by that which had made him pale — for the first sight of blood, shed when life is at stake, is a dreadful thing. He threw the useless weapon far into the gorge and hastened to her side. "You were hurt!" she said. "That blood — it is yours? " " Not mine," he answered, and flushed, noting the relief that calmed her eyes. Birkett, who rightly supposed that the damage to the enemy's force and the enemy's surprise at finding the fort armed, would cause a halt in hostilities, hastily repaired the roof as well as he could from the inside, re- placing the bullet-torn boughs with heavier ones. " Never made a defense from an at- tack on high. Had to learn a leetle from experience," he remarked, when he finished the work. " My cup of coffee being sugared with sand, I'll trouble ye for another. Miss Connie. Better take one vourself." The Capture of Constance 133 " I shall make us all a good hot meal,'* Constance replied cheerfully, and the old man turned away to hide his grin of delight in her change of mood. There were no further signs of the enemy, but so long as daylight lasted the watchfulness of the besieged was not relaxed. When darkness came Constance prepared to go out for her planned meeting with the Indian. Lennox objected to her project. There was nothing in their situation, he urged, to call for the risk of her departure alone. Why was it necessary for her to go at all? Constance replied that unless she communicated with Sam, they would remain wholly in ignorance of the bandits' designs. Without an assurance of Mr. Pelham's re- turn with a supply of ammunition, their only hope lay in a knowledge which would enable them to outwit the besiegers; and, in that respect, Sam alone could render aid. She must see him. T34 Fo^^ Birkett '' Then," declared Lennox, " I shall go with you." Constance was silent and embarrassed, for she feared that her reason for wanting to go alone would be interpreted by the young man as a doubt of his courage. Birkett, curiously watching their perplexed faces by the light of the camp-fire, spoke, at last, for the girl. " It's like this. Colonel," he said. '' Miss Connie is no ord'nary mountaineer. I watched her grow up, and know she ken give any of us cards and spades at finding her way, off a trail ez well ez on. She could pass a foot from a mountain lion, and him not know anyone was nearer than the man in the moon. Ef ye go out with her, you'll more than double the chance agin her. Thet chance is big enough ez it is. To be sure, if Rawlins' gang find her 'tain't likely they would harm her. But if they get you " The old man paused, and Lennox, seeing his meaning, exclaimed hotly, " Do you sup- The Capture of Constance 135 pose any danger I might run would keep me from going out? " *' Certainly not, Colonel/' Birkett replied, unruffled. '' Certainly not. But how about Jedge Pelham, ef he gets back — not to men- tion one John Birkett? Ef ye go out, and don't get in agin, our chance will be mighty slim." Lennox did not reply, and Constance said, " You could not help me by going ; you can help your friends by staying." Lennox's mind was in a struggle between a desire to accompany the girl and a sense of duty to his friends. Birkett, seeing that it was wise not to further urge the young man, turned to Constance, and said, " Going to take your horse out? " She explained that the nature of the coun- try where she hoped to meet the Indian made it inexpedient for her to ride, if the bandit sentinels were not all wholly deaf. Even her skirt would be a great handicap to her.. Bir- kett looked at the young man who, all un- 136 Fort Birkett observant, sat with his face buried in his arms. Then Birkett carefully extracted from a litter of Lennox's belongings the young man's riding clothes, nodded at them gravely as he made them into a compact bundle, and said, " Yes, Miss Connie, skirts be a handi- cap, ez ye was saying. Ef ye only was dressed in men's clothes, ye could make twice the distance in half the time, without a quar- ter of the noise or risk." The young woman blushed furiously when she first understood Birkett's meaning, but as he continued to urge, by indirect word, the advantage of the change, she, at last, laughing softly, nodded assent, and Birkett hid the bundle for her a little way down the gorge. She went alone. As Lennox, standing the first watch of the night, saw her noiselessly fade into the shadow of the gorge, he was in a tumult of doubt and fear. Had he done right ? Should he not have gone with her — or kept her with him? The Capture of Constance 137 Before she began the ascent to the trail, the hunting suit Constance wore disap- peared, and she made the rough cHmb in bet- ter-adapted garb. She blushed and laughed at the theft, but soothed her conscience with the thought that Lennox's riding clothes, which Birkett had appropriated for her, made possible a route which required her now to creep among rocks and trees, now to cautiously force a passage through underbrush, guided only by the stars that gave so little light in the for- est. Slowly working westward, she had reached a point about a mile above the basin, but not more than a hundred yards to the south of the trail, when she began to strain her eyes for signs of the Indian, for it was near their appointed meeting place. At a sound she stopped, startled at hearing Sam's voice. Who could he be talking to ? Himself ? Not at such a time, at such a place ! The sound was now a crooning song of the Indian's tribe, and a half-sense of danger checked the 138 Fort Birkett girl ; for it was the song the old Indian had crooned to lull her panic over childish mis- haps — a fall from a bareback horse, her first sight of a bear. She could see nothing, and resumed her cautious advance. The song ceased, and the Indian said, " Sam he take smoke. Nobody come, I think. Better not, I think." A flaming match lit up his face for an in- stant, but in that moment's view Constance saw the Indian's eyes gleam with a look she could not understand, and his lips moved excitedly. The girl's heart sank. Was Sam mad ? Had his fears for her, or some dismal tragedy at home, made the faithful fellow distraught? She would go to him; relieve his fears, or hear his dread tale ! Abandon- ing caution, she took a careless step for- ward. At the same time, directed by the sound of her movement, Sam sprang toward her. As he did so, a voice whose first drowsy tones quickly turned into sharp accent of sus- The Capture of Constance 139 picion, called out, '' Hello ! hello ! What's up, Sam ? " Constance recognized the voice of one of Rawlins' men, and, half fainting with dis- may, turned to fly. It was too late, for on the heels of the Indian came the bandit. Sam caught Constance by the arm, and called out, *' Sam catch man. He see who? '* As he spoke he dragged Lennox's soft hat, which Constance w^ore, far over her eyes, then said calmly, " Sam catch one travel man. Him Lennox, I think." CHAPTER XI INDIAN SAM^S STRATEGY Before Constance left the Meadow, on the night of her ride to Fort Birkett, she told her aunt the story of treachery she had learned by her visit to the camp of the ban- dits. Miss Hammatt listened in dismay turning to rage, but she did not attempt to dissuade Constance from her purpose of try- ing to restore to the travelers the arms Raw- lins stole. She saw that the girl was deter- mined to go, and deplored that she could not go herself, for she realized better, perhaps, than did her niece, how urgent was the un- dertaking. " God grant," she exclaimed, " that you safely carry to those unfortunate men the means by which they can defend themselves until father returns ! Then we will organize 140 Indian Sams Strategy 141 a party that will make these mountains safe for future travelers ! " Constance noted the " we " in that threat, and regretted that the necessity of safeguard- ing their home kept her aunt from at once joining in her dangerous enterprise. They did not speak of the danger, however, but thoughtfully discussed every detail of the venture they could foresee, until, far into the night, they heard Sam's signal. The In- dian brought with him trophies of his stealth and cunning, the rifles of Lennox and Bir- kett, recovered from Rawlins' loot. The women planned with him for his next night's meeting with Constance, and she, after re- ceiving final words of advice and caution, rode away to the relief of Fort Birkett. The next morning Sam seemed to have nothing on his mind but the methodical daily care of the ranch. With much vigor of in- vective he lectured upon the sins of laziness, which he observed and lamented in his Dig- ger Indian subordinates. Thus engaged, he 142 Fort Birkett paused to grunt a careless salute to Raw- lins' men as they rode into the house grounds ; but the party halted, and, at a com- mand from Rawlins, Sam approached the bandit, repeating " How ! " " Sam," said RawHns sharply, " someone stole rifles from our camp last night." *' Plenty bad man in mountain. I think," Sam commented. *' Plenty bad Indian," Rawlins rejoined. " Yep," grunted Sam. '' Bad Digger. All Digger Indian bad. Some white man, him bad, too. I think." This speech was greeted by a laugh in which Rawlins did not join. He glared at Sam for a time, but the Indian met the look with calm eyes. Rawlins called his men aside, and, after a whispered consultation, returned to Sam and said confidentially : " Wounded stranger all alone. You have Digger boy look after him? " Sam nodded. " We go catch plenty of gold. Travel Indian Sam's Strategy 143 man find heap dust. We catch him. Sabe?" Again Sam nodded. '' Maybe travel man catch rifles we lost. Then we need help. You like come help? " '' What I get? " Sam asked stolidly; and Rawlins turned to wink to his compan- ions. " Sam catch hatful gold. All for Sam." There was a moment's gleam in Sam's eyes, which to Rawlins was a proof of the Indian's cupidity. Sam reflected; this pro- posed trip with the bandits did not favor his plan to meet Constance; but they were five, and armed; and he divined that their suspicions would be aroused if he refused to accompany them after such an offer of re- ward. He felt, too that they wanted him with them as much to prevent his giving aid to the travelers, as to secure his help for themselves. He concluded that if he went with them he could devise a scheme to carry out his plan to meet Constance, and then he 144 Fort Birkett looked at Rawlins shrewdly and asked, "Sam get hatful yellow dust, sure?" " Sure! " the bandit replied. "Well, Sam, he go. I think." Then he added, grinning, " I tell Miss Hammatt, and Miss Connie, Sam go with you to get some deer, some bear, for camp." " Yes, tell 'em anything," Rawlins as- sented with a laugh. " I say, Sam," he added at a sudden thought, as the Indian turned toward the house, " the ladies both well? Both home?" "What for!" the Indian exclaimed. " Where they go six o'clock morning? You big fool ! " and he walked away. " I believe he's telling the truth," Raw- lins said to his fellow^s. " I reckon the Dig- gers stole the rifles. They can sell them for rum the next time they get to a settlement. I knew we'd get Sam with a promise of the dust." " It won't do any harm to keep an eye on him," one said. Indian Sam's Strategy 145 *' Certainly," Rawlins responded. " We'll keep him in sight all the time." This thought of caution would have been emphasized had the bandits known that Sam spoke to Miss Hammatt in his native lan- guage, when she came from the house to meet him, had they seen the expression of her determined face as she listened to the In- dian's hurried guttural speech. A little later, the horsemen, joined by Sam on his stout lit- tle broncho, started on a smart jog down the trail toward the basin. Once or twice Raw- lins endeavored to maneuver the Indian to the front, but without success. He noticed, too, that Sam never slung his rifle, but al- ways carried it in his right hand. " It's only a Piute's natural caution," Rawlins thought. Sam showed no great interest in the affair of the first attack on the fort, for he under- stood, better than the others, the strength of shelter afforded by the roof. But one thing he discovered was not so reassuring; when 146 Fort Birkett three rifles were seen projecting from the fort, and three shots were fired, Sam, alone, detected that all were fired from Constance's rifle. The bandits agreed that Birkett, Pel- ham, and Lennox had each fired. Again, when Lennox sprang into the open, and de- livered the shot that shattered the right hand of a bandit named Dunning, the Indian saw, or his wonderful sense of hearing told him, that the young man had used Constance's rifle. This informed him that Constance had reached the basin in safety, but that hers was the only effective weapon in the fort. The fact puzzled him, but his stolid face be- trayed no concern; so, when the bandits planned their night watch against any at- tempt the travelers might make to escape, Sam had so far gained the confidence of Rawlins that he was assigned to the post he asked for. This w^as the one farthest west on the trail, and it stationed him not far from the point where he had agreed to meet Constance. Indian Sam's Strategy 147 One sentry was posted on the edge of the cHff overlooking the fort, one on the steep north ridge, and two watched the trail on the south, where an attempt to leave the gorge would most likely be made. Rawlins rode from post to post, and, as he did so, saw that the weakness of his siege lay in his lack of sentries. He felt no apprehension that the fort's inmates would make an immediate at- tempt to escape; but he feared that after a few days of siege, with food and ammunition running low, such attempt would surely be made, desperate as it would be for " tender- feet," with no mountain craft. He disliked to send for help, for that would mean a further division of the gold ; but he finally re- alized that, to make sure of the riches at stake, a force was required large enough to prevent the escape of even one of the be- sieged. If but one escaped he could collect a posse on the Nevada side, and return within a week — far too short a time for him and his fellows to rob the basin of its gold, and 148 Fort Birkett make off with it. Rawlins reached his de- cision when he was at the easternmost post, and directed Dunning, the man on guard there, to take a message for assistance ; stop- ping on his way to order Sam to guard the post the messenger left vacant. As Rawlins and Dunning left the post Constance glided across the unguarded trail on her way to meet Sam. The messenger, after going to the camp to make some preparation for his journey, rode up the trail, arriving at Sam's post a moment after the Indian had entered the forest to meet Constance. A few seconds later Sam would have been safely out of sight, but hearing Dunning dismount, and follow him, he endeavored to signal Con- stance, as we have seen. " Lennox, eh ? The one who plugged me ! " Dunning exclaimed, when Sam so announced his captive. " Sam, you'll get an extra hatful of gold from me for taking that fellow into camp." Indian Sams Strategy 149 There was a moment when the Indian's cocked rifle was within an inch of Dunning's back. He wanted to shoot the fellow and rush Constance to his horse; but he knew that the sound of a shot would bring other bandits upon them, before he could reach either his or Dunning's animal, for both horses had been left on the trail, so the rifle was reluctantly lowered. Muttering that he would make good use of the two hatfuls of gold, he trudged along, making hard work of the rough walk back to the trail. He grum- bled at his own awkward slips, until the ban- dit jeered him. " Look out, there, Sam," he cried. " You too old. You no better woods- man than tenderfoot. Lennox make better work than Sam." " Yep, Sam too old," the Indian assented; and, under pretense of more grumbling, managed to tell Constance to drop her rifle and cartridge belt, which, dark as it was, he concealed as he seemed again to stumble. In the faint starlight which reached them in 150 Fort Birkett the open trail, Dunning remarked that the captive was unarmed. " I wonder," he said, '' if the smarty dropped his gun in the woods. If he did we'd better find it." He had retraced but a few steps, when Constance and Sam both started at a faint sound on the trail, in the direction of the Meadow. For a moment they stood hke forest animals at the first sense of alarm: motionless, alert. Constance, with a touch of caution on the Indian's arm, whispered, " It may be Mr. Pelham ! He must get to the fort with car- tridges. Warn him ! " Sam nodded, and called aloud to Dunning, " I go see gun. You watch man," and slipped away as Dunning returned to the side of Constance. CHAPTER XII THE ADVENTURES OF MR. PELHAM Mr. Pelham's journey, from the fort to Hammatt's Meadow, was through a country no horse would have traveled, and which man, probably, had never traversed before. He had to overcome no single great diffi- culty ; but, such as they were, the obstacles to progress were almost continuous, after the first mile of fairly good ground near the head of the gorge. Perhaps the intrepid gentle- man might have been dismayed had he known that where he plodded painfully, but never flagged, was a region of " bad lands,*' which mountaineers, on horse or on foot, never cross, though to avoid a few miles of it means an extra day's march. Yet this city- bred man plunged on, not allowing his mind 151 152 Fort Birkett to dwell on the nature of his task; except that once, smiling shrewdly, he said aloud : *' For twenty years I've endured the sus- picion of mild insanity because, in all weather, I've w^alked the four miles to my office, and the four miles back. There have been storms wherein I admitted that it was a species of pig-headedness which kept me true to that daily walk; but now I know it was a provision of Providence — I was fitting my- self to perform this day's work." He had gone but a few miles when his clothing was in tatters, his hands bleeding and swollen, and at last he knew that some of the rock-cuts through his shoes had made his feet bleed ; but he would not stop to ex- amine. He ate his meager food at times when some brief stretch of less evil going did not require the use of hands, as well as feet ; and then brightened at the thought that, at the journey's end, a fine-looking w^oman, a bit severe, perhaps, would greet him — pleasantly, maybe! Adventures of Mr. Pelham 153 On he struggled. Night came; but ever to the west, guided by his phosphorescent compass, he stubbornly battled, scarcely con- scious of his wounds ; concerned only lest, in the dark, some severe stumble would wholly disable him. Mr. Pelham had no means of measuring distance or speed ; and, supposing the best he could hope for was to reach his destination by midnight, he rejoiced, some hours earlier, to feel the rough earth rapidly subside into the park-like forest land fringing the Meadow. Then, after a gradual descent, he found himself at the Meadow itself, with the lights of the Hammatt home welcoming him. As he made this cheerful discovery his legs gave abrupt notice of intention to quit work. For some time a numbness had suggested that his own had been replaced by wooden legs, carrying him forward mechanically, without the usual nerve communication be- tween them and his brain. With a heroic purpose to complete his journey at any cost, 154 Foi't Birkett he fairly ran the hundred yards to the front door — and there collapsed ! A moment later a steady voice inquired from within, " Who is there? " " Mr. Pelham," the lawyer answered; and, determined to meet Miss Hammatt erect and like a man, though he died for his pride, he dragged himself to his feet. The door opened, and the lady appeared, rifle in hand, but looking, as Mr. Pelham had hoped, not at all severe. After a glance at her visitor, Miss Ham- matt put one arm around him, and half carried him to a chair in the study. Then she fastened the door, laid her rifle on the table, surveyed the lawyer carefully, and at last said : " Well ! " " I admit, madam, that I was in some per- plexity as to my knees," Mr. Pelham ex- plained, smiling, '' but I am confident of soon feeling quite restored if you w411 kindly give me" Adventures of Mr. Pelham 155 " A hot supper, of course ! " she inter- rupted. " I will. But while I prepare it, you talk. Tell me everything. First, Con- stance. Is she all right ? " Resting comfortably, and revived by his cheerful surroundings, Mr. Pelham related all of their adventures; again not sparing himself as to the cause of the fort's lack of ammunition. Miss Hammatt did not inter- rupt, nor pause in her preparations for his comfort; but, when he finished, she said in a manner which would have made protest absurd, '' Take that kettle of hot water to my father's room. Bathe, in as hot water as you can endure; put on some of my father's clothes ; then I'll have supper ready." With no word Mr. Pelham started up- stairs, steaming kettle in hand. " As hot as you can bear, remember ! " Miss Hammatt called after him. " You have a ride to make before daylight, and the hot water will make you fit for it — if any- thing will." 156 Fort Birkett A tone of doubt in the last words made the lawyer reply, as he found the doctor's room, " Depend upon me, madam. I shall parboil myself." He reappeared, a droll figure: dad in a corduroy suit of the doctor's; coat sleeves overhanging his hands, like a mandarin's; trouser legs rolled in bulky coils about ankles. But spirits, as well as muscles, were improved by the parboiling process, and he was now as suavely attentive to Miss Ham- matt as if she were his guest, in his own house. " This is a horrible state of affairs," the lady said, when they were seated at supper. " I find it wholly charming," the lawyer commented. She ignored the remark, continuing, " I wish I could return with you ; but I must stay here to guard the house — which would be looted and burned if left unprotected — and to help my father gather a posse when he returns." Adventures of Mr. Pelham 157 Mr. Pelham bowed approval, and she re- sumed : '' You must reach the fort before day- light. You can do that by riding my horse to a point as near the head of the gorge as is safe. Leave the horse there to find his way back, and you reach the fort as you left it, by the north side. After what you have already done that will be a hard ride. Can you do it? " '' My dear Miss Hammatt," the lawyer responded, '' I claim no skill, for I have none, as a horseman, but this I assure you, I shall stay on the back of that horse — somehow ! " ** I believe you," she exclaimed, regarding him with a look that made him more self- conscious than usual. Then she added, '' Well, you have grit ! " " Have I ? I think I never had that said to me before." " Perhaps no one ever saw you, with bruised hands and feet, cheerfully undertake a dangerous night ride." 158 Fort Birkett She said this impulsively, and then blushed a little; then a little more as she saw his pale face flush. '' It may be," he said, " that I am prov- ing the truth of the tradition, that our soldiers — I refer to the New York City troops in the War of the RebeUion — outdid their country cousins when emergencies re- quired forced marches. Perhaps city-bred men acquire a nerve force which stands in lieu of muscles upon sudden demand." She smiled, perhaps at his precise lan- guage, and then she said briskly, " My horse is ready, and the cartridges in the saddle bag. I attended to that myself. It would be un- safe to let our boys — the ranch hands — ^know what is going on. You must start soon, or you will be too sore and stiff to start at all. I cannot spare you a rifle, but here is a re- volver you may take." " No," he said, turning from the formida- ble weapon she pointed to. "I never had a deadly weapon in my hand, and the posses- Adventures of Mr. Pelham 159 sion of one would be dangerous only to me. A stick would serve me better. I am ready to start." She brought the horse to the front of the house, helped Mr. Pelham to mount, gave him one of the stout sticks her father carried about the Meadow, and then said quietly, " I wish you success, sir." " Thank you, madam. I hope fortune may grant me opportunity to resume an ac- quaintance which has been most " *' You must be off, sir," she interrupted. He bowed, turned the horse's head down the Meadow road, and clattered away : keep- ing his seat, not by skill, but, as he had promised, " somehow " ! " I do not believe there's a man in these mountains who could make the trip he did to-day," mused Miss Hammatt, as she turned toward the lonely house. " I hope Sequoia does not bolt with him." " Sequoia," her horse, named for the giant redwoods because he was the tallest horse on i6o Fort Birkett the ranch, did not bolt with Mr. Pelham; indeed, seemed to have a horsely sense of his duty as he loped steadily down the trail. When the rider reached a point, as nearly as he could judge, a mile above the gorge, and was proceeding with greater caution, he was startled to hear his name whispered, close to his side. " Mr. Pelham. Friend speak," said the voice. He checked Sequoia, and faintly dis- cerned the figure of a man. " No friend ! " he cried, raising his stick. " I've no friend here. Come on ! Come on, you villain ! " *' Sam, Indian boy. I catch word from Miss Connie. I think." " If you are a friend, put down that rifle." " All right. You put down him club. No talk loud. Get off horse." Reassured, as he recalled that Constance was to meet the Indian that night, Mr. Pel- ham dismounted, and listened in dismay to Sam's story of the mischance which had re- Adventures of Mr. Pelham i6i suited in the capture of Constance. Sam gave no assurance that the bandits would re- lease the girl, when her identity was dis- closed; nor was he certain of effecting her escape without help. But he would protect her from harm, with his life. Having carefully noted all that Sam had to tell, Mr. Pelham began to take his precious store of cartridges from the saddle bags, but the Indian stopped him. " Ride horse to north side gorge," Sam whispered. '' One sentinel man there. Him Parker. He see you on foot, shoot. See you on horse, think you Rawlins. Him say, ' How with you ? ' ; you say * Ton of gold.' Maybe he no see you. Good. If see you, you say ' Ton of gold.' Let you ride close. You hit him club. I think." Sam gave minute directions to the lawyer for his change of route, and then silently dis- appeared down the trail to where he had left Constance. Mr. Pelham crossed north, far enough 1 62 Fort Birkett above the head of the gorge to avoid the sen- tinel there, then he went east along the north edge of the gorge. He was congratulating himself that he had reached, unobserved, a point where he could safely descend to the fort, when he heard the challenge, " How with you?" Even as the sentinel's voice came to him he was encouraged by its tone, for it was that of a drowsy, unalert man. Pulling the doctor's broad brimmed hat over his eyes, and not checking Sequoia, Mr. Pelham answered gruffly, " Ton of gold." At this reply the bandit relaxed the small vigilance he had shown ; and the lawyer drew nearer, his heart fast beating, but nerves steady. He was within a yard or two of striking distance when the sentinel started, and cried, as he swung up his rifle, " Who the devil " That was all he spoke. Sequoia, startled by a sharp dig in the sides, bounded forward, and Mr. Pelham brought his heavy stick Adventures of Mr. Pelham 163 down on the head of the bandit, who rolled from his horse. Mr. Pelham was unseated by the shock of the collision, but was nimbly on his feet, and in possession of the rifle. " Now, you rascal," he shouted to the half- stunned bandit, " to your feet ! " Then, recalling the command which had once so enraged him, he roared, '' I have the drop on you ! " and added, " Throw up your hands!" Parker slowly rose, hands up; and as the fast diffusing morning light revealed the lawyer with the rifle pointed, he muttered, ** Don't shoot! I give up." As he spoke the rifle was discharged, and a bullet sang by his ear. " God almighty I " he shouted. " Would you shoot an unarmed man ! " The shot was accidental, for the possession of the rifle had shaken Mr. Pelham's nerve more than had the encounter. But his wit was undisturbed. " Villain ! " he roared, " I shall not shoot 164 Fort Birkett you unless you resist, or disobey. That shot, fellow, was to show that I am an expert with firearms. I meant to clip a lock of your hair. Did I?" " I don't know, boss," Parker replied, not daring to lower his hands. " But I reckon you did." " Very well, rascal," exclaimed Mr. Pel- ham. " Now, my saddle bags on your shoulder. Ahead of me into the gorge ! Be- ware, fellow ! If you so much as turn your head — a bullet in your brain ! That will be my answer. Lively, now ! " Astonished at the language of the little gentleman, and in deadly fear of a second shot, Parker shouldered the bags, and made his way down the cliff as best he could, Mr. Pelham behind him, praying that the gun might not go off again, but fearful that it would. Thus they were discovered by Birkett and Lennox, struck dumb at the sight of the bandit sullenly marching up to the fort, with his priceless burden, their friend following. Adventures of Mr. Pelham 165 his well-proved stick in one hand, the troublesome gun in the other. ** Gentlemen! " shouted Mr. Pelham gayly, " I greet you. I return in good case, with one prisoner of war, and two hundred car- tridges." CHAPTER XIII A FAIR HOSTAGE The sound of the shot accidentally fired by Mr. Pelham was heard by Rawlins, and by two of his men, who, at the first signs of daylight, left their posts, and returned to the camp on the bluff over the fort. Their alarmed surmises were interrupted by the appearance of Dunning and Sam with a prisoner, the supposed Lennox. "Hello!" shouted Rawlins. "Did any of you fire that shot? " " No," replied Dunning. " This fellow tried to escape by the south, and Sam cap- tured him." "That's the game, then," Rawlins de- clared. " The others are trying the north side, and Parker fired to drive them back. I66 A Fair Hostage 167 That's it ! Get over there, you Calkins and Ferris, and see if Parker needs help. Hurry up!" The bandits he addressed mounted their worn horses, and made for the north of the gorge. The leader then ordered Dunning to carry the message for re-enforcements ; curs- ing him for not having gone about that busi- ness, instead of returning to camp v^ith the prisoner. " I thought the Piute wasn't any too good to be watched," the man retorted sullenly. " If he was good enough to capture a man — who had slipped past you ! — ^he was good enough to bring him in without your help. Here you are, not fit to handle a rifle, Parker not accounted for yet, one man needed to guard the prisoner, and that leaves just two of us to take care of this job; perhaps with a chase on our hands. I want help, not back talk!" Dunning, in bad temper, rode off to the trail. Rawlins went to the edge of the cliff 1 68 Fort Birkett and peered down into the basin. It was darker there than on the heights, and only by the fluttering flame of the newly fed camp- fire could he discern the fort. '' Someone's there, or has been lately. Looks like getting breakfast, too," he said. '* Who alarmed Parker, then?" He turned to where Sam kept his prisoner as much as possible in deeper shadow, and exclaimed, '' Well, young fellow, who did you leave in the fort? " " Him no talk. Heap scared. I think," Sam said. " Scared, eh ? He'll have something to be scared about when we make up our mind what to do with him for shooting off Dun- ning's trigger finger. Hello ! What the hell is this ! " *' This," was Calkins and Ferris, returning with two led horses. The men explained that they had been to Parker's post, where they found his and a strange horse, riderless and astray. There was nothing about the A Fair Hostage 169 animals, nor the deserted post, to account for the shot, or the sentinel's disappear- ance. Rawlins, who had been staring at the second animal, suddenly exclaimed, " Look here, boys, that's Miss Hammatt's horse! I've seen her ride it, many a time." " The doctor's daughter ! " cried Ferris. " What do you make of it, then? " Calkins asked. '' You don't reckon the woman shot Parker and flew away with him. Where is she? Where is Parker? Mighty queer work, seems to me ! " Rawlins was silent ; he shared the evident nervousness of his companion. Like most mountain folk, the bandits were supersti- tious, and a less bewildering aspect than this would have shaken their nerves. " Well, here's Sam," Rawlins said at last. *' He knows the horse. Eh, Sam ? " " Him Sequoia. Miss Hammatt ride him. She magic shot. Kill him deer one thousand yard. I think." 170 Fort Birkett The Indian cunningly took full advantage of the situation. "If she killed Parker at a thousand yards what has she done with his body?" asked Rawlins, laughing nervously. Ferris, cautiously inspecting the basin, now called out : '' Look here ! What do you call this?" The others looked where he pointed. As they did so, the low sun, ranging southward, found the mouth of the gorge, and shot a brilliant shaft of light up to the very basin, revealing Parker, bearing a burden on his shoulder, followed by a slightly built figure. "It's Miss Hammatt!" " In the doctor's clothes ! " " Parker carrying her saddle bags ! " The bandits gasped these announcements. *' He's a dirty traitor! " cried Rawlins. " No," Sam said, and his stolid features showed nothing of his delight. " She catch him prisoner. What for shoot if no fight A Fair Hostage 171 Parker ? Sure ! Miss Hammatt heap brave. I think." The two figures disappeared into the fort before the bandits recovered enough from their astonishment to shoot. For some minutes none of them could put thought into speech. They v^ere in a panic. The be- sieged already re-enforced to the extent of their loss, while the besiegers had lost one wounded, and one captured! When at last they did discuss the turn of affair, Rawlins and his companions anx- iously considered how soon Dunning could return with assistance. He had gone to the hiding place of Taggert, Evanson's fellow train robber. If Taggert's gang had not been routed by the man-hunters, they were camped near the pass, in the ravine down which the wounded Evanson was carried to the Meadow. With no farther than that to go. Dunning should return with some of Taggert's men by sunset, or soon after. This was the point which now gave Rawlins 172 Fort Birkett most concern. He had found, as he sup- posed, that a man as Httle crafty as Lennox, could sHp between his scattered sentries. Another escape might not be followed by a lucky capture. Rawlins felt that with his advantage of position he could repulse a day- light sortie; but he needed men for guard that night, and must have them to rush the fort the next day. " If Taggert's fellows have not had to use up their horses, we can look for them before dusk," was Rawlins' conclusion. "But if they don't come?" persisted Ferris. " Then we'll send word down to Birkett that another attempt to escape will be the death warrant of the fellow we have cap- tured," Rawlins replied with a grin of triumph. Calkins and Ferris shouted approval. " Say, Dick Rawlins, you're a good enough leader for us. Let's have a fair look at the dude, anyway," said one. A Fair Hostage 173 At these words Sam began to dance and utter sounds which answered with him for laughter. When the bandits began their council, the Indian turned his back upon them as if indifferent to what they might say, but they spoke no word he did not hear. When Calkins suggested that they have a fair look at the supposed Lennox, Sam jumped to his feet, brushed Constance's hat from her head, and began the antics which attracted the others' attention. " Hello, Sam ! What's up? " cried Raw- lins. " Him no Lennox ! Him Miss Connie ! " the Indian answered. The astonished bandits stared at Con- stance, who looked embarrassed as to her disguise, but pretty enough, and not much frightened. " Well ! " said Rawlins slowly, after a pause, " when did you find this out? " " Now. Miss Connie sleep. Hat fall off. I see." 174 Fort Birkett " She did look like the dude, in the half- light, with the hat on," mused Rawlins. " Sam, him think sure dude," the Indian commented in the tone of deep conviction. He turned his wrinkled old face to the sun, blinked slowly, and added, in feigned un- concern that deceived all but Constance, " Now we give her Sequoia. Send home. Man no fight squaw. I think." " I guess that's what we'll have to do," Rawhns said. " I suppose she was trying to get into the gorge on the south side, when she ran into you and Dunning; and Miss Hammatt went to the north side." The Indian took Constance by the hand, and started toward Sequoia, but stopped, as Rawlins shouted, " Hold on there a min- ute!" Sam's face showed no emotion, but he dropped Constance's hand, balanced his rifle lightly, and his eyes measured the distance to Sequoia. The bandits moved to a point between the Indian and the horses, and spoke A Fair Hostage 175 together in whispers. Then Rawlins turned and said : '' Sorry, Miss Farwell, but you're too use- ful right here, to be turned loose now. We've got to do a little fine work to keep those people in the basin, until we're ready to go in there ourselves. They wouldn't en- danger a lady's life," he added with a smirk, " by cutting up any nonsense." Constance seemed about to speak, but a word that Sam muttered silenced her. " No let Miss Connie go? " inquired Sam. His face bore only a look of simple surprise, except that his half-closed eyes were brightly comprehending. " What for she no go?" " That's my business," Rawlins answered ; and turned to speak again in low tones with his companions. The Indian led Constance back to where he had spread a blanket for her, at the edge of the cliff. He saw in her face the first look of hopelessness, and whispered, "No fear; Sam, him watch. 176 Fort Birkett All day, all night. All day, all night, again. No fear, Miss Connie." " The Indian is a fool, and likely did not see who his prisoner was until it got bright daylight," Rawlins was saying. " Of course not," said Ferris. " If he knew who she was, he would 've let her go." " But Dunning was with him," suggested Calkins. " What could Dunning do ? He'd only a pistol — and a left hand to use it with ? " '' It's a mighty lucky strike," declared Rawlins. *' Maybe the Indian knew, maybe he didn't. Anyway, we'll keep an eye on him. First, we'll send word into the basin ; then breakfast, and take turns at sleeping." With a stub of pencil and scrap of paper he produced this message : John Birkett : You know us. We will do what we promise. We have got the doctor's grand- daughter. She will be all right if none of your party tries to get out to-day or to-night. She won't be if you do try. Take notice ! Even if you try ! Securing this note between flat stones tied A Fair Hostage 177 firmly together, Rawlins went to the edge of the cliff, waved his neckerchief, and hallooed. Lennox was soon seen to leave the fort and come into the open, rifle in hand. " Read this ! " Rawlins shouted, and tossed the stones far out into the basin. They saw Lennox pick up the message, and re-enter the fort: Birkett, standing by the fort with rifle ready, covering Rawlins, the while. After breakfast, while Ferris and Calkins slept, Rawlins, with rifle across knees, sat where he could overlook the basin, and at the same time keep watch on the Indian and Constance. " Better take a nap, Sam," he said. " Bimeby. I think. Miss Connie she sleep now." But Constance kept her eyes steadily fixed on the fort, while in low tones she told the Indian the experience of the travelers since they left the Meadow, Sam grunted ap- 178 Fort Birkett proval when she spoke of Lennox. " Him come help. Some way get out gorge. Him smart for white man. When httle man on Sequoia tell him Lennox, what I say, him Lennox sure come help. Him brave man. I think." " I think so too," Constance said simply, and then blushed when the old Indian, blink- ing at the sun^ smiled grimly. An hour had passed thus when Sam, gaz- ing into the gorge some hundred yards be- yond the entrance to the basin, whispered, " Him funny bear ! " Constance, following his gaze, saw what had attracted the Indian's attention and be- came agitated. " Hey, Sam ! " Rawlins called out a minute later. '' See that grizzly in the gorge?" "Sam see. What for?" *' I'll try a shot at him." " No, no ! " gasped Constance in a whisper to Sam. A Fair Hostage 179 " Too far/' Sam said, stealthily pointing his rifle at Rawlins. '' If kill bear, catch grub for man in fort. You big fool. I think." " That's so," laughed Rawlins. " I would be a fool to provision the fort." As he shifted his rifle across his knees again, Constance sighed with relief. CHAPTER XIV LENNOX USES HIS TROPHY When Mr. Pelham was again safely lodged in the fort, his young companion affectionately congratulated and embraced him, and patted his shoulder — finding that hand-shaking was a painful salute for the lawyer. John Birkett gazed at him in hearty admiration, as he murmured, " Most extraordinary man, the Jedge is! most ex- tra-or-di-nary ! " But when he discovered the condition of Mr. Pelham's hands and feet, he bathed them, covered them liberally with bear fat, and bandaged them with a gentleness surprising in one of his rough ap- pearance. Then Mr. Pelham said that he wished to speak alone with his companions, and Parker was ordered out into the gorge. " Whar," said Birkett to him, " ye will stop 1 80 Lennox Uses his Trophy i8i quiet, like a sensible man, seeing ez ye hev no gun, while we hev a number, and one of the same will always cover ye." Parker stretched himself on a gravelly bed, where the sun was already warming the dry, still air, and soon slept as if no evil had beset his path. Mr. Pelham then told his story. He said but little of his painful journey to the Meadow, his ride on Sequoia, or his en- counter with Parker ; but related in detail all that the Indian had reported to him. Len- nox started, then became very grave, as he heard of Constance's plight; and, when the story was finished, Birkett glanced at the young man, then turned away with a satis- fied look. " I shall go out at once to help Miss Far- well," Lennox said quietly. '' At once! " exclaimed Mr. Pelham. *' At once ! " Lennox repeated. ** The Colonel is right," Birkett said. " Thar are only three men up thar, now, and 1 82 Fort Birkett they are a tired and sleepy lot. Fact is, Jedge, thet ef we had a horse each I'd advise thet we all make a break for it, now. But without horses we'd make mighty leetle dis- tance before they'd run us down. To-night, I reckon, none of us would hev much chance to git out, even with a horse, for they'll likely hev eight or ten men watching us, and all wide awake, too." "Then Van's best chance is now," Mr. Pelham said, rather sorrowfully. " Now," Birkett replied. " Ef the Colo- nel ken git a few hundred yards down the gorge, without being seen, he'll hev a safe start, anyhow." " But how is he to get from the fort, un- seen?" Mr. Pelham asked. " The lower wall of the basin will hide me from the lookout on the bluff, for the first hundred yards," Lennox answered. " From there I'll chance a dash for it." " And git shot in the back," observed Bir- kett. " No, we've got to fool 'em/' Lennox Uses his Trophy 183 He reached out from under the shelter of the fort, and dragged in a heavy bundle : the bear skin, the prize which first led Lennox into the gorge. As he began to spread out the uncouth trophy, already stiffening in the moistureless air, his purpose was seen by the others, and in spite of the seriousness of their state, they burst into laughter. " Ye won't make a prime-looking grizzly, at close hand," Birkett remarked, as he soberly proceeded to unfold the clumsy hide, "but I'll gamble ye'll pass for bar to an innocent and unsuspecting fellow citizen, at long range." Lennox repressed his youthful sense of fun in the enterprise, and energetically helped Birkett manipulate the heavy hide, which yielded to their combined efforts until it was pronounced fit for its designed duty. As they were about ready to enrobe Lennox, there came the incident of the message from Rawlins. When the note was taken from its stone envelope, and read, no word of 1 84 Fort Birkett comment was spoken, but the work of starting Lennox on his venture was hurried. " Before we fit on the Colonel's uniform," Birkett remarked, when all other prepara- tions were complete, "I'll jest shift Parker a leetle." The prisoner was wakened, and directed to go to the upper end of the basin. " Ye'll find my pan by the pool," Birkett said to him. " Yer father was a miner, and ye was meant for the same, so ye ken amuse yerself panning out some of the gold ye'll never own. While ye're at it, keep yer back to the fort, and save trouble." Parker, who had had some experience in placer gold mining, quickty noted, with staring eyes, the richness of the gravel, and lost all interest in the movements of his captors. It was difHcult to adjust the grizzly's skin so as to give It even a slight appearance of naturalness, but the task was finally accom- Lennox Uses his Trophy 185 plished to the satisfaction of all. To extend the monster's head properly, the front part of the hide was supported by Lennox's rifle, strapped to his back, its muzzle projecting beyond his head. " It do give Ephraim a powerful stiff neck," remarked Birkett, " but I reckon thar ain't no cure for it." Receiving his companions' final well wishes, Lennox lumbered away. He at once turned sharply from the fort entrance, in order to put the lower wall of the basin between him and the watch on the bluff, then made down the rough gorge. Power- fully built though he was, he found his task a hard one, and, drenched in perspiration, he soon ached under the stress of bearing such a burden in such unaccustomed posture. He looked longingly at each bush or rock which could screen him while he dropped his dis- guise, but his determination to insure his pwn safety, for the sake of Constance, in- duced caution, so he struggled along more i86 Fort Birkett than half a mile before he stopped behind a safe shelter. Lennox was so relieved when he did cast aside the ungainly hide, that he resolved to explore the gorge thoroughly; for a retreat in that direction might become a last chance ; and he felt that he could now spare the time for this work, as he did not expect to effect communication with the Indian or Constance until after dark. When, unencumbered, he had proceeded briskly another half-mile, he was rejoiced to find Constance's horse, nibbling bunch grass contentedly, and seeming pleased at the sound of a human voice. Constance, before leaving the gorge, had relieved her horse of saddle and bridle, but the animal submitted readily to Lennox's mounting him bareback, and, being Indian broke, was guided by a touch of halter, or hand, on his neck. Lennox rode quickly down the gorge; encouraged as he saw that its sides to the south grew flatter, and less rough. This disclosed what Lennox Uses his Trophy 187 had puzzled both him and Birkett: how RawHns had taken the horses out ; for where they had first scrambled down into tlie gorge, they never could have climbed up out of it. Lennox pushed on until, about five miles from the fort, he was stopped by a precipice descending to a second gorge below. They were between two falls — each an impassable barrier ! — and a numerous guard that night would make the sides of the gorge equally impassable! The young man dis- mounted and, with heavy heart, found that escape over the second cliff, even if that way out of the gorge became the party's last chance, would be impossible. It may be explained here that the river which once ran through that gorge, before some caprice of nature diverted its course, found its way to a Nevada desert over a succession of falls ; and, like the Carson and Humboldt rivers of that State, finally sank into the earth. Where it sank, ages of shift- ing sands, the slow growth of sage brush, 1 88 Fort Birkett had covered its scattered gold. Thus there remained no gHttering clew for the eye of the prospector, no beckoning sign, to send him into those gorges in search for gold ; and the treasure of the basin remained unsus- pected until it weighted Mr. Pelham's idle hand. Above the second fall, the flank of the gorge to the south had an easy grade for some distance, and was not high ; so Lennox, his exploration now wholly ended, reached the trail with no difficulty. Crossing it, he found that the country to the south, tim- bered scantily, but thickly undergrown, yet allowed passage for a mounted man. The very difficulties to rapid progress would be his safety, as the undergrowth concealed him from the trail at but a short distance. After noting these things, and that the trail, as far as could be seen, was clear, Lennox con- sidered his immediate plans. For a moment he thought of a rush along the trail easterly to the Nevada mining camp which had been Lennox Uses his Trophy 189 their objective point. But that was two days' journey with pack animals ; and even if he could make it, riding light, in one night, it would be two days, at least, before he could return with help. Next he considered the chance of reaching the Meadow, and secur- ing horses there : for now that he had found a saddle-way out of the gorge, there was a hope of thus rescuing his friends in the fort. But, keenly as he realized his obligation to strive for the safety of Mr. Pelham, he could not pursue any plan that would delay his attempt to help Constance Farwell. CHAPTER XV THE bandits' new LEADER Abandoning all other purpose, Lennox rode toward the bandits' camp with such haste as he could; for, already, the sinking sun had cloaked with evening shadows the snow-capped peaks before him, changing them into majestic towers of purple. At in- tervals he dismounted and stole to the edge of the trail, to see if any early sentinel had yet been posted, and to note his position. After one such inspection, finding that he had gone west as far as he designed, a little above the basin, he was about to return to his horse and wait for darkness, when he paused, ar- rested by the sound of hoof-clatter and shouts of laughter to the west. He dropped in the thick underbrush, and a moment later heard another sound, that of a horseman ap- 190 The Bandits' New Leader 191 preaching from the east. The latter, who proved to be RawHns, came first into view. He stopped close to where Lennox lay con- cealed, and looked eagerly up the trail. The riders from the west presently came to a jolting, clanging, dusty halt, greeting Raw- lins with noisy shouts. There were six men in the party, includ- ing Dunning, whom, with right hand ban- daged and in a sling, Lennox supposed to be the man he had wounded. Next to Dunning rode a lumpish, middle-aged man, physically much unlike the others ; noticeably so, to the hidden observer, as the only full-bearded bandit he had seen. This was Alec Bunker, leader of the outlaws who had been project- ing Taggert in his hiding place. Bunker, whose leadership was a tribute to his greater ferocity, rather than cunning, was not a native of these mountains. He had been a gambler, and "gun man," in a Nevada mining camp, where he had been sent to prison for murder. He escaped in a famous 192 Fort Birkett prison break', in which the warden was shot. Since then he had Hved in the mountains with other outlaws ; knowing that the reward for his capture, " dead or ahve," would be pre- ferred under the first alternative by any peace officer of either State upon whose borders he marauded. The others in the party were in type like those Lennox had already seen: slight figures ; not tall ; pale blue eyes, sunken and restless ; high cheek bones ; small blond mustaches. Over flannel shirts they wore cross-belts of cartridges, and, besides rifles, carried revolvers. Their boots were spurred and high-heeled ; and every man wore about his throat a handkerchief, invariably knotted in the back. Bunker's men had been celebrating, after their manner, the good news brought by Dunning ; and their first greetings were fol- lowed by a general production of flasks, with boisterous invitations to Rawlins to " liquor up." "Well, Dick," exclaimed Bunker, after The Bandits' New Leader 193 flasks had been drawn upon with wishes of *' good luck," '' how's the game going? " RawHns told of the capture of Parker by the supposed Miss Hammatt, and of his threat concerning Constance Farwell. '* And the threat turned the trick," boasted Rawlins ; " for not a mother's son of them has poked a head outside the fort all day. We've only seen Parker working in the pool with shovel and pan." Bunker was most interested in the news that the captive, supposed to be one of the travelers, was Dr. Hammatt's granddaugh- ter. " What have you done with her? " he asked. " Kept her safe in camp all day, of course." "That won't do!" " Why not? " asked Rawlins hotly. " Because," said Bunker, scowling as he noticed Rawlins' manner, " that young woman's our trump card. Suppose we don't fix these people in the basin to-morrow ? " 194 Fort Birkett ''Well?" " Well ! Dr. Hammatt will be home to- morrow or the next day. He'll round up a party of colonists " — so the former neigh- bors of the doctor were known in the moun- tains — '' in another day. If we're not in the basin by that time, we must make terms with the doctor. We want the gold, and we want to be let alone while we're getting it. The girl's the winning card in that game. She must be sent away, where she can't be taken from us if the doctor's party is stronger than ours. You're a fool, Rawlins, for keeping her here as long as you have." When Bunker ceased speaking, Rawlins, shaking with rage, exclaimed : " Seems to me, Alec Bunker, you're taking a mighty big hand in this game ! Who located this plant ? Who's kept those folks in the basin so far ? Who asked you here? " '' Looks-ee here, old son ; you must be crazy," Bunker replied. '' There are six of us. How many have you got ? " The Bandits' New Leader 195 Rawlins shot a glance at Dunning, for the number of men Bunker named showed that he included Dunning in his party, and the grin on Dunning's face was evidence that the claim was warranted. Bunker saw the look, and continued : " Fm the boss of this outfit ; and don't you forget it ! " From where Lennox lay he could see the faces of the men, fixed in sinister assent to this defiant usurpation. Rawlins' eyes had murder in them; Bunker watched him with threat and question in his looks; Dunning's sneer at the deposed leader showed his loyalty to the new; the others sat their horses im- movably, only that their rifles lightly swayed in ready balance, and their cruel eyes fol- lowed every motion of Rawlins. The latter first broke the silence, his voice rough with the rage he tried to conceal. " Well, Alec, I ain't such a fool that I don't savvy the lay-out. It looks like you're dealing this game. It don't count much, 196 Fort Birkett anyway, which of us leads. I know that you'll stand for a square divvy, when we get the dust." " That's the kind of talk, Dick ! " Bunker exclaimed, with affected heartiness. '' I'm older than you, and I've been in a job or two that taught me how to break in, or out, of a strong place. As to standing for a square divvy, why, I'm a square man. Now, let's liquor up, and then go and have a look at your camp — and the girl." After flasks were again passed around, the party rode down the trail until they turned north toward the camp, where Lennox lost sight of them. The young man*3 heart swelled with rage, then nearly ceased to beat from despair, as he thought of the odds now piled up against him. But he resolved to follow to the edge of the camp, as soon as the gathering dark- ness deepened, observe every move relative to Constance, and accept any chance, no matter how desperate, for her rescue. CHAPTER XVI SAM PAYS AN OLD DEBT As soon as Bunker reached camp he as- signed sentinels to various posts ; and, when all the men had gone, except Rawlins, Sam, and Dunning, he turned to the Indian and said, " Sam, you go north side post. Watch close.'* " Sam no watch to-night," the Indian re- plied quietly. "Why?" " Sam, him sleepy." " It's no use," Rawlins whispered. " He won't leave the girl." "Won't, eh? Well, we'll make him," Bunker responded. " Yes," said Rawlins, " you and me and Dunning together can rush him. One of us 197 198 Fort Birkett can plug him, but he'll settle one or two of us while we're about it. I've tried all day to catch him off guard. Might as well try to fool a hawk." " We'll pretend to send him off with the girl," Bunker said, " and plug him in the back when they've started. He won't be the first Piute I've put a bullet into." All the day while they talked, and when, overcome by fatigue, Constance slept, the Indian had guarded the girl with tireless endurance, and cunning that never ceased. He knew that his conduct had convinced Rawlins that he was an enemy; knew that Rawlins had sought to trap him into one moment of fatal heedlessness, but his com- posure had never been disturbed. He knew now that Bunker and Rawlins conspired for his death ; but the serenity of his patient old face remained unchanged, except that, at the first sight of Bunker, it had lighted with a sudden flash of joy. Sam Pays an Old Debt 199 Many years ago Sam had guided a party in pursuit of some convicts who had escaped in the famous prison-break that was led by Alec Bunker. In an encounter, Sam had been wounded by a shot fired by Bunker ; and the unskillful treatment he had first received had left him lame. Alone, for more than a year, he continued his hunt — not for the re- ward, for revenge — but the infirmity, caused by the bullet yet buried in his leg, grew upon him, and hampered his hunt. It was at this time that the Indian, chancing to pass through the Meadow, was treated and cured of his lameness by Dr. Hammatt, whose sympathy, as well as professional interest, was aroused. Sam's gratitude for being relieved of his disgrace — for so his tribe consider physical abnormity — made him agree to abandon his hunt, and remain in the Meadow, where Dr. Hammatt, in his own absence, had much need of a faithful guard- ian for his daughter and grandchild. Since then Sam had been Constance's in- 200 Fort Birkett structor in lore of the wood and mountain — her slave, in his heart. But the Indian never forgot Bunker. He recognized him in the new bandit leader, bearded, and otherwise changed as the con- vict was — as a hound, even after years, recognizes an enemy. With nerves as steady as if no danger threatened he watched and waited now for the moment when, for revenge, and for Constance, he should give his life : caring nothing for that, only dumbly hoping that the sacrifice might save her. He spoke softly to Constance, telling her that if an attack was made on him she was to rush to Sequoia, and dash for the trail. " Only three man now," he said, " and Dunning shoot with left hand. Him only half man. You ride away, fast. Miss Connie. Sam keep three man busy." " Who's to take the girl away when we get rid of the Indian? " Rawlins asked. "Why, Dick, I thought you'd like that Sam Pays an Old Debt 201 job," replied Bunker, grinning in a way that made Rawlins grin in return. " The Indian can't stay awake forever; I'll look for a chance to settle him to-night, while I'm on watch. You can pull out early in the morn- ing, and take the girl to my cabin. You know it ; a nice retired place where you won't be bothered by visitors. It's a long ride for you, so turn in now and get some sleep." Rawlins needed no urging to rest, and was soon asleep on the ground. Bunker woke Dunning, and ordered him to the north side post; warning him not to be captured by a woman if he expected a share of the dust. When Dunning had ridden away, and Rawlins slept heavily, Bunker spoke to the Indian in a friendly tone. '' Sam," he said, '' we won't need you to watch to-night. Sleep. To-morrow you take young lady away." Sam neither answered nor made sign that he understood; and Bunker, thinking he was 202 Fort Birkett already half asleep, himself affected drowsi- ness as he sat at the camp post overlooking both fort and Indian. A few minutes later Constance, sitting close by the side of her faithful protector, felt him start. It was only a slight tremor of his body, but she believed that it meant an important discovery ; so, striving to show no interest, she sought with her eyes the point on which Sam's were fixed. Beyond Bunker, and nearly in line with him, she saw, in the faint starlight, a movement in the underbrush. The Indian yawned, and asked sleepily, " Mr. Bunker, if Sam take Miss Connie away, what horse we ride? " " She'll ride Sequoia, and you your pony, of course," Bunker answered. " Yep, I forgot Sequoia. Him picket last horse west ; mine picket next. Sam so much sleepy him fool, I think." The Indian said this in a loud, clear voice, unusual with him. As if directed by Sam's Sam Pays an Old Debt 203 words, the person in the underbrush moved westward, noiselessly. Constance followed the movement with her eyes. Sam did not. He was now intently watching Bunker, who, slowly, very slowly and carefully, was turn- ing his rifle so that its aim crept gradually nearer and nearer the Indian. Constance, whose hearing was now so acute it seemed to have added the senses of touch and sight, knew that someone was cautiously moving among the horses. Her desire to know what the movements out in the darkness boded became so keen that she restrained herself only by summoning some of the Indian's self-control, when he muttered to her, " No move yet. Wait." It was too dark now to see into the forest, but the girl's hearing told her that horses had been moved to a point between the camp and the trail. So she waited, as the Indian commanded; motionless, but alert to all things: the distant neighing of sentries' horses, far cries of night birds. Suddenly 204 Fo^^ Birkett she realized that Sam's hands were steadily, slowly moving. She did not look, but knew that they held his rifle. There was a flash, a report that seemed horribly loud and near, and a bullet from the Indian's rifle tore through Bunker's body, just as his finger closed on the trigger of the rifle he had aimed at Sam. As Bunker fell back dead, his own shot flew high into the air. Sam jumped to his feet, dragging Con- stance with him, as Lennox dashed out of the brush toward them. Rawlins, rising from sleep in confused alarm, was knocked down by a blow from Lennox, who then lifted Constance from the ground and whirled her into Sequoia's saddle; and in an instant the three were riding hard from the trail, fol- lowed by Rawlins' wild shots. The sentry on the post occupied by Sam the night before was above them, the others were below; so they rode straight across the trail into the woods beyond. Sam Pays an Old Debt 205 " We catch Miss Connie's rifle, first," said Sam; and through the dark he led to the place of its concealment. There they stopped to note the position of their pursuers, several of whom were heard on the trail between them and the meadow. " We cut off," the Indian said, after listen- ing to the shouts, and sound of galloping horses. " No can get home to-night. Wait to-morrow. Then see. Sam no smoke all day. Him smoke now. I think." The old philosopher deliberately filled and lit his pipe; then he guided his companions further into the forest. When they had traveled south about two miles, they came to a refuge of natural strength ; an inclosure protected by great boulders, suggesting the fallen ruins of an ancient tower, or that nature had played there at fortifications. Sam, who seemed to know the place well, found an opening, between two lichen- flecked boulders, through which they rode, single file, into the comparatively clear in- 2o6 Fort Birkett terior. He was soon rolled in the blanket he wore, and stretched on the ground. '' You watch one hour," he said to Len- nox, " then Sam watch until sun," and with the last words was asleep. Since the escape Constance had spoken but few words. The shooting of Bunker; her suspicion of the outlaws' intended treach- ery to her and Sam ; the thought of her fate, had not the Indian's animal-like wariness anticipated the shot designed to leave her a prisoner without a protector, had dazed her with terror. Lennox, with fond sympathy, understood her feelings, and strove to dispel the gloom oppressing her. He eagerly re- assured her that the worst of her plight was past; urged hopefully that their situation promised a speedy end of all peril; told gayly of Birkett's quaint devices for their comfort in the fort, of his own masquerade as bruin ; and soon the buoyancy of healthy youth triumphed; Constance walked by his side with spirits restored, as he paced the Sam Pays an Old Debt 207 circle of their stronghold, peering into the gray, silent night at each opening between the boulders. When Sam awoke, punctual on the hour, he looked at the two without moving, heard Constance's cheerful tones, their quiet laugh- ter, and muttered, " Him watch other hour. Him think half-hour," turned over and went to sleep again. Thus the night passed; not slowly with the young people, who patrolled the rounds, talking in low voices, or at times silent, but that they sighed, never noting the hours. At intervals the Indian awoke, observed the pair ; his old face softened with a smile, and then he slept again. '' See ! " at last whispered Lennox, " ' Re- vealing day through every cranny spies.' " " ' Brand not my forehead with thy pierc- ing light,' " answered Constance, with a happy laugh that she had recognized his quotation. Her face turned toward the dawnlight, faintly flushed, like the clouds 2o8 Fort Birkett she saw. " ' Revealing day ' will disclose me as a boy," she added, blushing more deeply. " But, sir, I am a woman — though I was bravest in the dark." " How the Indian has slept ! " Lennox said, seeming not to notice her new alarm, though he could not but think how pretty she looked, wholly girlish in the masquerade. *' ril call him now ; then you can sleep while Sam and I watch." " Hush ! " she said, laying her hand on his arm, as all its new color left her face. " I hear nothing," he whispered. As he spoke, Sam stood by their side. '' One, two, three, four," the Indian slowly counted, as he listened to some sound from the west. '' Four man. Go north, go south. Come nearer each turn." They were silent and motionless for a minute, then the Indian added quietly, " And two man come from east." CHAPTER XVII A SORTIE FROM THE FORT John Birkett and Mr. Pelham watched the progress of Lennox down the gorge as long as he remained in sight; then the lawyer, with a sigh, turned to the camp-fire, saying: '' Now, as to this prisoner of ours, I know that we are sore beset by villains; that this fellow is one of them ; that he would not have hesitated to deprive me of my life, had I not chanced to overpower him; yet, Mr. Birkett, to hold a fellow-being in captivity is a monstrous thing — except, of course, under due process of law, and by judgment of a court of proper jurisdiction." ''To be sure, Jedge; certainly," assented Birkett gravely. '' Thet young fellow is enjoying freedom, so long as he's washing out nuggets; but night will be coming on, 209 2IO Fort Birkett and he must be jurisdicted proper; ez to the court, I ain't jest certain ef this here basin hes in Cahfornia or Nevada. It's nigh the Hne. Such being the due process, I reckon he'U be jurisdicted most proper to-night ef I rope him, hand and foot, and give him a gravel bed to sleep on." '' But v^e have no authority in law for such restraint of his person." " No more he'll hev for shooting one or t'other of us in the back; which the same he'll do ef he gets a chance." ''Indeed!" exclaimed Mr. Pelham; feel- ing of his own back as he spoke. " He ain't a low-grade sample, by rights, neither," resumed Birkett. " His father is an honest man; not quite in my line, being a quartz miner. The son got running off his proper location lines, fell in with this mountain gang, and here he is." '' I should like to speak to him," Mr. Pel- ham said. Parker came into the fort, shaking with A Sortie from the Fort 211 excitement and exertion, his pockets heavy with gold. He was so dazed by the riches which even his brief work had disclosed, that at first he gave only witless answers to Mr. Pelham. After some fruitless ques- tions, the lawyer said, ** I am sorry I had to use some force on you this morning." ''All right, mister; all right. God! I never thought there was the like of this in the world." " Are you suffering from the blow I gave you?" " No, mister. I'm all right. Let me in on this strike, and I'll fight for you." " We must first have assurances of your intention to reform. Mr. Birkett says you come of honest folks." '* Yes, yes ! Give me a little share of this — only a little share — and I'll live honest." " Will you give your word of honor that, if we do not use force to restrain you, you will not attempt to escape from " " Escape from this? " interrupted Parker, 212 Fort Birkett plunging his hands into the gold that bulged his pockets. '' Nor attempt to do us any injury," con- cluded Mr. Pelham. '' Yes, I promise. I swear." " Then, if you keep your word, and we end this adventure alive, I promise to use my influence to save your neck." " I swear — anything ! Will I have a share of the gold?" " I should prefer that your purpose to reform was inspired by a moved conscience rather than by the prospect of reward. Why, young man, you have the possibility of a cleanly life — a life that will not em- bitter the old age of your honest father." Some of the madness of greed was sud- denly washed out of Parker's eyes. He had never before been spoken to in just that way. *' What do you say, my man ? " " I'd like to be quit of the gang," he an- swered. A Sortie from the Fort 213 Birkett spoke : " Ef we git out of this, the Jedge will do right by ye in the court, and I'll do right as to the dust. Ef we don't git out alive, Rawlins will jump your share, for being captured. So you'd better be honest.'* " A masterly summing up," murmured Mr. Pelham. " Gentlemen," said Parker, '' I give you my word of honor; I won't try to escape; and if you'll let me have my gun, I'll help you fight." Mr. Pelham glanced at Birkett, as if ask- ing his opinion of the proposal. " We — ell," drawled the old man, after a thoughtful pause, " we'll split the differ- ence with ye. Ye ken hev the free run of the basin — but I'll keep the gun." Parker mumbled his gratitude, and at once resumed panning out gold in the pool. He kept at the work until he fell on the bank, unable to move, and there he slept. " Mr. Birkett," said Mr. Pelham, as they sat in the fort, one watching the gorge, one 214 Fort Birkett the cliff, '' the doctor's daughter seems to be a superior woman." '' Miss Marthy? I should say the word you used was the right one; a superior woman, Jedge." '' Aged, one might guess, about thirty? " " I reckon ye've hit it off to a year. I've knowed her, Jedge, these fifteen years, and every year she grows more superior. She hez a lot of book-learning from her father, but it never spoiled her ez a superior woman. Why, sir, she ken ride, shoot, and — and — well, Jedge, there is few superior things thet I call to mind, that Miss Marthy can't do ez well ez if she never seen the inside of a book in all her born days." " I observed, too," Mr. Pelham resumed, ''that when I was there the other even- ing " " Last evening," interrupted Birkett. " Bless my soul ! So it was. It seems as if some time had intervened since I saw — since then. I observed, as I was saying, that A Sortie from the Fort 215 she possesses the quahties we most admire in a housewife — diffuses an atmosphere of domestic refinement, and bears herself with admirable decorum at the head of a table." " When it comes to decorum, Jedge, I should say thet thet was her strong holt," Birkett declared, holding the coal of fire from his pipe in the hollow of his hand, as he filled the pipe with his fingers. " In all her dips, spurs, and angles, as we say in mining. Miss Marthy is a superior woman, and spe- cially strong on decorum. Her brandy peaches, particular, they are what I call straight goods in the line of decorum. When I visit the Meadow, which I do mostly twice a year, I always say, ' Miss Marthy, a game of old sledge with yer father, and a sample of yer brandy peaches, makes a civilized man of me for the next six months.' " " One is surprised that so superior a woman remains a spinster." " Huh ! " exclaimed the old man, tamping with his finger the coal he had placed in his 2i6 Fort Birkett pipe. *' Thet lady hez refused a dozen men to my knowing. She's said ' No ' to men with good-paying mines, and to men with good-paying ranches. They're all one to Miss Marthy. I reckon she ain't to be caught by no marrying nonsense." "Indeed," said Mr. Pelham, and he did not see the miner's eyes twinkling beneath their heavy brows. Birkett smoked in serene silence until Mr. Pelham, worn and sleepy, lay back on his blanket, and was deep in slumber. The miner took his own blanket and covered the lawyer with it, then resumed his familiar position — flat on his back, head outside the fort, but masked, as usual, with a pinon bough. Now, however, his watch w^as con- centrated on a special object; for, from where he lay, he saw a part of the Indian's figure, close to the edge of the cliff above him ; and, whenever the bandit on guard was inattentive, Sam, with the hand Birkett saw, made signs, slight motions, repeated over A Sortie from the Fort 217 and over. The miner had some acquaint- ance with the sign language of the Piutes, in which both hands are freely used; but Sam now used only one hand — the other never released his rifle — and for a long time Birkett was in doubt as to the signal's mean- ing; and he many times returned a signal, showing that he did not understand. Fi- nally, he was satisfied that Sam indicated some place to the south, two miles distant; and that a meeting was desired, or had taken place. More than that he could not read. He pondered long on what the unrevealed message might be, and upon what he ought to do to take advantage of the slight hint he had received. He determined to go to the nearest point on the edge of the trail; concluding that Sam might devise some plan to communicate further with him there. Besides, though he had concealed this from Mr. Pelham, he was almost resolved to make an attempt to effect his own and the lawyer's escape that night. He would do his scout- 2i8 Fort Birkett ing alone, believing it safe to leave the pris- oner unguarded for a while, though he care- fully hid Parker's rifle before leaving the fort. As soon as the gorge was in darkness, Birkett ascended its south side ; but when he cautiously hazarded a view of the trail, his heart sank. He saw that the sentries there were too numerous and vigilant to be evaded by Mr. Pelham — probably even by him. This was a double blow to his hopes; it forced him to abandon the desperate chance he was willing to take to effect Mr. Pelham's escape that night, and also shut off Lennox's return! Without the latter, there was but one available rifle, his own, with which to meet a direct assault upon the gorge; and', that the re-enforced bandits would make such an attempt the next day, he did not doubt. Heavy-hearted, but not yet discouraged — for he resolved to inspect the north side, hop- ing to find less unfavorable conditions there A Sortie from the Fort 219 — he was about to descend to the gorge when he heard the sound of a rifle shot, an- other, then, a half-minute later, three or four in quick succession. " The young man is in trouble," he thought in dismay ; but then his heart leaped with hope as he heard the sentinels on the trail riding hard for the bandit camp. When the last shouting horseman had gal- loped past him up the trail, Birkett leaped and ran down the steep descent and regained the fort. Neither man there had been roused by the shooting. Birkett quietly awakened Mr. Pelham, drew him outside the fort, gave him Parker's rifle, and whis- pered excitedly : '' Come along, Jedge. The trail is clear and we must go." "Where?" " Two miles to the south, first." ** Why, without horses ? " " Because the Colonel's in trouble. IVe got to help him fight or help him escape. I 220 Fort Birkett don't care much of a damn which 'tis. An- other day in thet trap of a fort would make John Birkett crazier nor a loon. Come on, Jedge." He dragged Mr. Pelham along as if he were a child. His wrath, long repressed, that it might not alarm his companions, was now exploding in a fashion that astonished Mr. Pelham. " I never was made, nohow, to be packed in a coop and pot-hunted by a gang of gun men. Come on, Jedge? Come on!" " We will have the law on them, sir," panted Mr. Pelham, who was being pushed, dragged, and at times wholly carried. " Pll prosecute those villains myself — if I have to read criminal law to do it. I can walk, my dear sir; you need not carry me. We will have the law on them." " All right, Jedge, ye hev the law on *em ; but what John Birkett is a yearning for is to hev the drop on 'em." CHAPTER XVIII THE HUNT FOR THE FUGITIVES Not only the sentries Birkett heard on the trail, but all others on sentry duty, hurried into camp at the sound of firing; and there was a confusion of questions, with but little explanation. The recruits, enraged by the death of Bunker, angrily demanded an account of the trouble. Rawlins could explain little. He was awakened, he said, by the first shot, but, before he was on his feet, received a blow that half stunned him. Within a minute, however, he had fired at three faintly seen figures, riding rapidly to- ward the south. The missing Indian, and woman, accounted for two ; the third he sup- posed was one of the men from the fort. Hasty investigation showed that only two horses were missing from camp; and as the 221 222 Fort Birkett bandits did not know that Constance had visited the basin, and left her horse in the gorge, they concluded that the third rider Rawlins saw was not one of the besieged. This caused uneasiness, for it seemed to prove that Constance and the Indian had been helped by an outsider, who, probably, was not alone. " If that's so,'' said Rawlins, " our first hustle is to round up that girl. We'll make this chase like we was on the dead square — let anyone see us that's trying to — and then, if we have to stand trial for this job, we'll be all right." ''All right, how?" sneered Maskell, Bunker's lieutenant, who sought leadership. " Because," RawHns replied, " we're honest white folks, out hunting a thieving Piute who carried off the doctor's grand- daughter." This evidence of his cunning made some of the men disposed to restore leadership to Rawlins. He saw his advantage and The Hunt for the Fugitives 223 continued boldly, '* I don't care who's with the Indian. Both of 'em are to be shot on sight for running off with the girl, just as we was going to send her home. That's all we'd have to prove to a jury in this neck of woods. But we've got to have the girl now, more than ever. When the doctor gets the colonists together we'll have no card to play for the gold, or for our necks, without the girl." Rawlins had but adopted Bunker's scheme; still its renewed promise of reward and safety strengthened him with the ma- jority of his hearers. Maskell made another bid : '' One woman's as good as another for that game," he said. '' If the doctor isn't home yet, we ought to hustle a couple of our boys up to the Meadow, and get the other woman — the doctor's daughter. The Digger Indians there won't interfere with us." '' You fool ! " cried Rawlins, " the other woman is in the fort. We saw her go in, dressed in the doctor's clothes ; and covering 224 Fort Birkett Parker with a rifle, at that. I see the whole game, now; the two women put on men's clothes, and tried to get into the gorge. Sam met the young one, but Dunning was with him, so the Indian made a bluff of capturing her." " That's so," declared Dunning. '' Sam didn't dare leave the girl go while I was with him. I recollect he went up the trail, pretending to look for her gun, and I reckon that's when he steered the other woman to the north of the gorge." This explanation, fortunately, fitted so well with the supposed fact of Miss Ham- matt's being in the fort, that the suggestion to raid the Meadow was dropped. " What are we to do, Dick? " one asked. " Get up the trail farther than the Indian and the girl; open out across the country, and beat back this way, both sides of the trail, until we hunt 'em out," Rawlins re- sponded briskly. '' How about the folks in the fort? " The Hunt for the Fugitives 225 " We've got to take a chance with them. Dunning's not fit for rough work; he can stay and watch the trail. If Birkett's party come out at all, they'll have to foot it, and Dunning can bring us word soon enough for us to run 'em down before they've got far." When he developed this plan of campaign, which the others considered masterly, Raw- lins was again the admitted leader. Dunning was ordered back to the trail, grumbling that the pain of his wound, his lack of sleep, the poor condition of his over- ridden horse, made him unfit for any duty; but he was warned that a slip at his post would earn him the sentence already passed on Parker — no share in the gold ! With six followers, Rawlins rode up the trail more than a mile, beyond which it was certain that the fugitives could not have passed in their slower progress off the trail. At that point the party divided : four — Rawlins, Calkins, Ferris, and Maskell — going to the south, the 226 Fort Birkett others to the north. One man in each di- vision had orders to ride near enough to the trail to keep it under observation. There was a stronger reason than the one he explained to his fellows, which prompted Rawlins to adopt speedy means to cut off Constance's return to the Meadow. The young girl's beauty had aroused in him a passion which, until now, had been unfed by hope. He was not a colonist, had never been a welcome visitor to the Meadow, yet had not been excluded from the shelter which the doctor bestowed without question upon any wayfarer. During the past year Raw- lins had made more frequent requests than usual for the privilege of resting himself and animals a day or two at the Meadow; and though he was not a visitor at the house, accepting, as did others of his class, the bed and fare of the ranchman's quarters, these occasions afforded him sight of the women of the family. He often thought to dare the colonists' wrath, and abduct Con- The Hunt for the Fugitives 227 stance, when one of her longer rides or hunt- ing trips gave opportunity. But Constance never rode beyond the Meadow unaccom- panied by Sam; and no mountaineer was ignorant of the Indian's courage and marks- manship. Now, that chance gave the bandit the role of seeking Constance's safety, he resolved that when she was recaptured he would make her liberty depend upon her marrying him. '' I've men enough now," he thought, " to keep her until we've made terms for the gold. Then, if the colonists get too strong for me, I can hide her until my terms for her are agreed to, or — well, I'll have her, and the gold, too, with or without agreement." As dawn came, and the slow work of the hunters took them nearly in line with the basin, Ferris joined Rawlins, and asked If it was not likely that Sam had gone farther east, or even into the basin. " No," said Rawlins, " the Piute's too cun- 228 Fort Birkett ning to trust to a trap of a fort. He knows weVe men enough to rush that, if the colo- nists hurry us, and, if we don't rush it, that we'll soon have the fort starved. The only thing the Indian's got on his mind is to get the girl home. We were fools not to see that from the first. He'll take any chance rather than go farther east — away from the Meadow. When he found that we had him cut off from the trail, he'd look for good fighting ground. That's Indian." The leader's reasoning was confirmed a little later, when Ferris sighted the horses in the stronghold. The agreed signal quickly brought Calkins and Maskell. The latter was hurried off to call in the three men north of the trail, and Calkins was ordered to make a safe detour around the stronghold, and watch it from the east. Rawlins and Ferris slowly advanced; creeping from boulder to boulder, from tree to tree ; but, when for some time they made no new discovery, Ferris impatiently said : The Hunt for the Fugitives 229 " We can cripple them by knocking over their horses; I'll " " By the Lord ! " interrupted Rawlins, " Lennox is in there ! He's getting careless. I'd rather have a shot at him than at the Indian. Don't shoot the horses. Keep quiet, and that tenderfoot will give me a chance to spoil his good looks." '' There's your chance ! " declared Ferris a few minutes later. " Drop him, and I'll look out for the Indian." CHAPTER XIX SAM GOES HUNTING Sam was the son of a chief, and in his youth, before the Piutes had been broken and scattered, was a warrior to whom the old men looked with hope. He, they said, would restore to his people their departing glory; their right to boast of their strength; to celebrate in song the mighty deeds of their traditional ancestors — the brave Bannocks, the cunning Shoshones ; but Sam, wiser than the tories of his tribe, foresaw the Indians' final defeat ; urged his people to acknowledge the right of the white man's might; and him- self lived in peace with the superior race he and his fathers had fought. Throughout the years of his humble life Sam had suppressed the old tribal spirit of «3o Sam Goes Hunting 231 pride and daring, but it had survived; and now, in this supreme moment of danger, he was a warrior again, brave, commanding. He stood proudly erect by the young people's side, counting the enemies none of them could see; and the change he made in his dress when Constance first told him to track the bandits, suited his new posture : his head uncovered, a bright blanket hanging from his shoulders, feet moccasined, a single eagle feather in his hair. The approach of Rawlins' party was dis- covered while the bandits were yet ranging the country; and long before they were in sight; but Sam concealed his force at once, indicating a position for each. Lennox, as they faced west, was to the left, Sam to the right, Constance between them, their stations being about ten yards apart, each protected by a boulder. The young man searched the well-covered country, eager for a sight of the enemy; but Sam only listened, as he quickly built across the space between his boulder 232 Fort Birkett and the next a low wall of stones, ingeniously- devised to afford openings for lookout and rifle rest. He heard the signal when Ferris discovered the horses, guessed its meaning; and shrewdly accounted for the movements he heard when Maskell left to call in the men ranging north of the trail, and Calkins started on his detour to the east of the stronghold. He supposed that the two re- maining men would advance, and then, for the first time, he began to watch as well as listen. Presently he caught glimpses of Rawlins and Ferris making cautious ap- proach, but never exposed to fire, for they took skillful advantage of every protection. Constance noted Sam's first work, and she, too, built a low wall behind which she could crouch, and safely command a view. Until Sam caught sight of the enemy, he continued to direct the others; cautioning Constance, advising Lennox about building his wall, with which the young man had poor success. But when he saw the bandits, Sam Goes Hunting 233 he became silent, motioned to the others to remain so, too; and, now lying flat behind his shield, now peering from behind one boulder, then the other, his eyes darted like the play of lightning, searching every tree- trunk, rock, bush, that might conceal the enemy's careful approach. At last, somewhat to his right, he saw a rifle barrel project beyond a charred tree- trunk, and he grunted approval of the craft which had selected a mask against which the rifle was barely distinguishable. Next he discovered that the second bandit was behind a rock in front of Constance. He glanced at her, saw that she was wholly protected and aware of the situation ; then he resumed his watch. In the meantime, Lennox impatiently abandoned his attempt to build a creviced wall through which he, like his companions, could see and remain unseen. He arose, stood behind his boulder, and peered around its side. The nearest cover, nearly two 234 F^^^ Birkett hundred yards away, showed no sign to him of danger. If, to the right, he saw Raw- hns' rifle, he supposed it to be a blackened branch of the burnt tree. So he further ex- posed himself, and, as he did so, stood where Rawlins caught his first glimpse of him. At this moment Sam discovered that the man behind the charred tree was Rawlins, and that he would be a target for anyone thirty or forty yards to the right. In a second the Indian was nearly flat on the ground, making rapid progress toward the point where he knew he would have Rawlins in view. Constance, after noting Sam's movement, turned again to watch Lennox, and as she did so, her heart stopped beating. He had discovered Ferris, almost opposite Con- stance, but had not yet discovered Rawlins. He stood with his cocked rifle in readiness, peering around the boulder, and slowly mov- ing his body round, still safe from Ferris, the only enemy he saw, but each second Sam Goes Hunting 235 coming more into Rawlins' range. She did not dare to warn him, for she felt that if she did he would instinctively start toward her, and that would bring him wholly into Rawlins' view. Sam, creeping along the ground, had al- most reached the point he had selected, when he was startled by hearing a gasping sob from Constance. One swift glance showed him that Con- stance, to protect Lennox, was waiting with rifle aimed, for the instant of time Rawlins, when he should shoot at Lennox, must ex- pose himself to fire. The Indian knew that the girl's agonized eyes meant fear for the life of the young man by her side; horror that she contemplated taking a life ! No cunning now could save either Lennox from losing, or Constance from taking, life. In a second or two the Indian would have reached a spot where he could prevent both tragedies, and be safe himself. But half a second might be too late. The Indian knew 236 Fort Birkett this as a thing that has been done; but all the craft and cunning, all the caution of his nature was swept away by that look in the girl's eyes, and for her sake he jumped to his feet in the open — a target for Ferris. He stood straight and lithe, as in youth ; and he smiled scornfully as his eyes swept past Fer- ris. In another instant the Indian's bullet struck Rawlins dead — as Ferris fired ! Sam did not fall, nor sink, when Ferris' shot struck him. That would have told the enemy what must be concealed. He stooped as if in ordinary caution ; crawled back to his boulder; smiled grimly as he heard Ferris yell with pain, when Lennox fired, then sank down, dying. Constance, in a tumult of fear, hope, shock, saw Lennox's life saved, saw him shoot Ferris, then saw the Indian sink to the ground. '' Sam! Sam! " she cried, running to him, " you are wounded ! " She placed a hand on the old man's moist Sam Goes Hunting 237 forehead, and while his eyes, all softness now, looked his gratitude, he whispered in tone of reproof, '' Miss Connie no cry ! Maybe enemy hear you cry — ^know some man here killed." He beckoned with his eyes to Lennox, who bent over him. " You take care Miss Connie? " " I will," replied Lennox, much moved, for he realized what the fast failing voice meant, " I will, with my life ! " *' More man come. Six. Eight, maybe. Him find one dead : Rawlins ; one wounded. Then afraid. No rush you. You careful. Help Connie — Connie safe ! " " I shall be careful," Lennox answered gravely. " Safe till doctor come. That good." He was silent a little while, then said, " Good-by, Miss Connie." The girl bent down and kissed the old man, but she could not speak. He smiled, proudly raised his head, and whispered. 238 Fort Birkett ''Now — Sam — go — hunting " — then fell back, dead. Constance, kneeling, prayed for the brave, faithful soul, and Lennox knelt by her side. CHAPTER XX MARTHA HAMMATT's CAPTIVES Miss Ham mattes temperament little in- clined her to serve by waiting. After Mr. Pelham's departure with the supply of am- munition, she restlessly considered whether her duty was to guard the home until her father's return, or to go at once to Con- stance's aid. The long absence of her niece caused her keen anxiety, which would not abate, although she strove to quiet her alarm by dwelling on the girl's daring and wood- craft; and when morning came with no word of Constance, her heart sickened with apprehension. Events at the Meadow added to her dis- quiet. Two Digger Indians — the only re- maining servants, for the one white em- ployee was with the doctor — had been or- 239 240 Fort Birkett dered by Sam to take provisions to Evanson in his hiding place. After their second visit to him the Indians neglected their duties about the stables, and toward evening dis- appeared, and with them two horses. Miss Hammatt guessed aright that the Diggers were gone in search of Evanson's pursuers, greedy for such share of the reward as they could bargain for in return for information of the train robber's hiding place, and help- lessness. She felt no personal fear, though her state was now lonely and insecure; but when an- other night approached without news of Constance, who, she knew, could be detained so long only by great danger. Miss Hammatt resolved to go in search of her. Inaction had become intolerable. Her father would return the next morning, but to wait for him might involve disastrous delay: so, con- vinced that it was her duty to act, she wrote a note to inform her father of events, and, soon after dark, left the house, afoot, for the Martha Hammatt's Captives 241 horses left at the Meadow were not trained for the work of her enterprise. She carried her rifle, and over her shoulder was slung a light pack of supplies, such as only a sur- geon's daughter would have carried. The journey before her was long, but not rough, unless she were obliged to leave the trail; and some doubt of her endurance which she first felt vanished when she recalled the harder, trailless journey the lawyer had made. Miss Hammatt had been an elder sister to Constance, rather than an aunt, and there was strong affection between them, the greater, because of their almost total isola- tion from the society of other women ; so her anxiety on the girl's behalf was deep, though it did not, in truth, exclude a lively apprehension for the travelers. Mr. Pel- ham's excellent spirits, his courtly deference to her, so unlike the grave, commanding manner of her father, had excited a pleasant interest in her mind. 242 Fort Birkett When the first gray of day imposed more caution in her progress, she turned from the trail into the thicket to the south; making her way slowly until she judged that she was far enough east. She was about to venture north across the trail, and had nearly reached its edge, when she heard voices, and quickly withdrew into shelter. Attempts to gain a position from which she could see the speakers failed, for, hampered by skirts, she could not move without displacing some- thing — a fallen leaf, a stone, a bit of brush — whose movements seemed to rack the hush of dawn like crashing trees. Once she fancied the voices abruptly ceased, as if the speakers caught some hint of her, and at- tended in suspecting silence. Her stealthy advance, made while her blood surged so that it roared in her ears, took her only near enough to the speakers to distinguish oc- casional words. But those magnified her alarm. The speakers were Maskell, and the three Martha Hammatt's Captives 243 bandits he had signaled to the trail. He described to them the place where the fugi- tives had been found, and gave them Raw- lins' orders to go far enough down the trail to join Calkins and surprise the stronghold by a rear attack. The others asked Maskell if it was certain that the girl was in the stronghold, and he told them that he had seen there the horse, Sequoia, which Miss Farwell rode when she escaped from camp. He was to return to Rawlins and help keep the fugitives' attention to the west, until the others came upon them from the east. Miss Hammatt caught enough of this to know that the man who should strike into the rough land near her was going direct to where Constance was besieged, and him she resolved to follow. This she did ; less fear- ful when Maskell began his journey, for she knew that man, or beast, when in motion, is less likely to discover a pursuer than when motionless. The bandit was never out of 244 Fort Birkett her sight; she quickened or slackened her pace with his, stopped when he stopped to signal; and felt, rather than saw, his sur- prise that his signals were not answered. Skillfully screening himself, he advanced again; again halted, and softly signaled; once more moved forward, creeping, toward a definite point — and Miss Hammatt felt that she was nearing Constance. Maskell suddenly drew back, half rising, and with a muffled cry of fright. He had crept upon Rawlins' body. After a wondering pause, he moved to his right, directed by the sound of groans, and she saw him bend over Ferris, and give attentive heed as the wounded man told the story of the attack and repulse. Then, for the first time, Miss Hammatt dared to divert her look from Maskell, and examine the country ahead. It was some seconds before her eyes, filled with the yet almost level rays of the sun, could define objects; but, slowly, a familiar form fixed itself out of the shimmer of light — her own Martha Hammatt's Captives 245 horse, Sequoia. Next, a little way from the animal, targets for Maskell, should he dis- cover them, she saw Constance and Lennox, standing by the side of something they had covered with a blanket. To call out to her friends would betray herself and them to Maskell; so after a moment's indecision, and a prayer that her voice should not disclose her fear, she said, slowly, distinctly: *' If you turn, I'll shoot." Maskell started violently, but did not turn. " I am Miss Hammatt : I am aiming my rifle at your head." She felt her knees giving way; steadied herself, and added : " Put your rifle behind you, without turn- mg. Maskell did as he was told. " Put the wounded man's rifle behind you." He obeyed. 246 Fort Birkett " Now, hold up your hands, and keep them up/' The bandit's hands went up, and they shook more, even, than hers. Noting this, Miss Hammatt gained composure, and she called out boldly : " Constance ! Constance ! " At the sound of the voice, Lennox sprang from the inclosure and ran toward her; amazed at the sight of Maskell, hands aloft, perspiring in terror of the unseen menace following him. When Lennox ordered the bandit to precede him into the stronghold. Miss Hammatt dropped her rifle, rushed to Constance, clasped the girl in her arms, and struggled against a sudden disposition to faint. Lennox took his prisoner remote from where the women sat with arms around each other, sobbing delightedly, and bound him, not speaking as he worked. Maskell, too, was silent; his amazed eyes fixed upon Miss Hammatt, until the bridle straps were well Martha Hammatt's Captives 247 drawn at his ankles, knees, and wrists. Then he whispered hoarsely : " Young fel- low, you might as well shoot me. I can't live in these here mountains after this — after being held up and captured by a crying woman." " The hangman will save you from endur- ing a mortified existence very long," Lennox said. He turned to put the women in places of safety, when all started at the sound of two rifle shots, to the east. Lennox hurried Constance and her aunt behind protecting boulders, picked up his rifle, and was seeking a station for himself, when, glancing in the direction of the alarm, he shouted joyfully, and dashed out toward Birkett, running toward him — dragging Mr. Pelham after him. "Don't tech the Jedge: he's hurt," cried Birkett, as Lennox caught hold of his friend. '' Nothing serious, Vanderlyn. Nothing much, I assure you," Mr. Pelham said. 248 Fort Birkett in reply to the young man's alarmed looks. Birkett, when the inclosure was reached, said ruefully, '* Calkins done it. I'm to blame. I was looking for this here place; but I should hev seen him. I'm deaf and dumb and blind. But Calkins won't lie in ambush for nobody else — except his friend the devil." He took off Mr. Pelham's coat, and found a wound in the lawyer's left arm. The old miner was applying a bandage, tenderly enough but clumsily, when Miss Hammatt, whom neither he nor Mr. Pelham had seen, bent over the lawyer, and said, " John Bir- kett, stick to your rifle : nursing the wounded is woman's work." "Bless my soul! this is an unexpected pleasure," Mr. Pelham exclaimed, when he saw who the new nurse was. Miss Hammatt quickly took from her pack everything needed for properly dress- ing the wound, and said, as she skillfully Martha Hammatt's Captive 249 worked, " Uhexpected ? To be sure, you could not expect me to expect to find you wounded." '' I spoke of the pleasure of meeting you again." " Oh, pshaw ! You must never be sur- prised at anything I do," she replied, " for example, sir, I just now captured a man." " Madam, you have captured two," de- clared Mr. Pelham — and winced as the nurse gave a wry turn to the bandage. CHAPTER XXI Parker's bag of gold Not long after Birkett and the lawyer left the basin, Parker awoke from tortured sleep, screaming, " No, no ! Not the gold ! My life first! I can fight!" It was a minute before he shook off the horror of his dream, and realized that he was not attacked, not robbed, that the gold was really there by his side. Hearing no sound in the fort he went there, and was amazed to find signs of its hasty abandonment. Alone? and with all that gold! All that he, and the others, had taken out ! AH that he might yet filch from the pool before morning! The poor fellow wept in an ecstasy of greed. He dashed into the shal- low pool and, by the uncertain light from a small fire he scarcely stopped to replenish, 250 Parker's Bag of Gold 251 worked with insane energy. Insane, indeed, when, from a natural bed-rock riffle, his drip- ping shovel brought up nearly as much gold as gravel, and the pile of dully gleaming treasure grew until its weight was more than he could lift! Then, finding that he had more gold than he could carry away, his distracted mind broke under the strain of thwarted avarice. Putting into a sack all that he could carry, cursing that all could not be taken, laugh- ing at the weight under which he bent, the madman struggled up to the trail ; only to be met, as he chattered of his escape, by Dun- ning, just awakened from an all-night sleep. " Hello, Parker ! '* exclaimed Dunning, **how did you get out? God, man! what have you got ? " '' Gold ! Gold ! '^ cried Parker. He was haggard and disheveled; face, hands, clothes smeared with wet earth. ''Gold! My gold ! Your horse ! I must get to the valley." 252 Fort Birkett Before Dunning could steady his wits, shaken by the other's words and looks, Parker staggered to the horse, and tried to fasten his precious burden to the saddle. " Hold on there ! " commanded Dunning. He drew his pistol with his left hand and pointed it, unsteadily, at Parker. " If that's gold a share of it's mine." " It's mine ! All mine ! " Parker screamed. " Drop your gun! Drop it, I say, or I'll kill you!" He settled the sack in the saddle, then turned and faced Dunning, who now saw that he had a madman to encounter. But he saw at the same time the full bulk — al- most felt the weight — of the gold bag ; and, doubtful of his lefthand aim, said coaxingly, "We're pals, Parker, ain't we? Divide equal. We'll pack the stuff down to the valley before the other boys know we've got It. That's fair, Parker. Divide even. Think of the good times we'll have together. There's enough for both. Divide even." Parker's Bag of Gold 253 " I'll not divide. It's all mine. Drop your gun, I say." Dunning aimed, and fired. As he did so the madman sprang, and closed with him, and they fought for the pistol. The struggle was short, for Dunning was sorely dis- tressed by his wounded hand. As he felt the pistol slip slowly from his grasp he cried, " I've got enough. Parker ! I say I've got enough. For God's sake don't shoot me! I'm wounded — unarmed — don't " Parker pressed the pistol against Dun- ning's side, fired, and they fell together. The horse, quietly cropping the scattered growth of grass that found scant lodgment by the side of the trail, turned to look, with troubled eyes, at the silent, prostrate figures ; then shook itself to dislodge the unwelcome weight in the saddle. The bag fell to the rocky trail with a crashing blow, burst, and scattered its flood of yellow, until it mixed with a trickle of red, flowing from the motionless bodies. The animal sniffed at 254 Fort Birkett the yellow grains, turned from them, dis- appointed, and slowly pursued its patient search for food. Such was the scene the three bandits came upon before they turned from the trail on their way to attack Indian Sam's stronghold on the east. They were walking their tired horses, when one of the men halted and pointed to the bodies in the trail. '' It's Dunning ! " exclaimed one. " And Parker ! " he added excitedly, as they drew nearer. " Both dead," declared another, who first dismounted and bent over the bodies. *'What kind of a job is this? Parker is shot clean through the body, yet he's got the only gun. Poor Dunning drilled through, too!" A bandit, who had turned from the bodies, searching for some explanation of the tragedy, uttered a cry which drew the others to his side. He was on his knees gathering Parker s Bag of Gold 255 handfuls of gold — and, as he worked, his hands were crimsoned. Dropping their rifles, the others flung themselves on the ground, saw the sack, and fought for it; rolled over each other; cursed, tore at one another's throats, then at the bag, now empty, but still fought for with blind savagery. At last, one, strongest and youngest, sprang aside, seized his rifle, and shouted, *' If this is each man for himself, I've got the drop on you fellows. If it's to be a fair divide, stand apart, here, and agree on the game." The other two looked as if they would like an equal chance to fight for the whole treasure; but quickly realized their disad- vantage, rose, gasping, and listened while the young man spoke. He proposed that, after an equal division of the gold, they should hold together for mutual defense until they were out of the mountains. *' No need of us now," he said, '' to cap- 256 Fort Birkett ture the girl Rawlins wants to hold for this gold. We've got the gold. Do you agree that the haul is to be divided into three equal parts?" They growled assent. " Dunning must have gone into the gorge and helped Parker out. No one man packed that weight of dust up to the trail. I reckon they was chased by the parties in the basin, and both shot while making a stand here. Anyway, they're out of the game; and as they was the only one of our party that had any claim on the stuff, it's ours, now." ** If they were shot by parties from the basin, why didn't those parties take the dust?" one asked. ''I figure it out that Parker and Dunning quarreled and killed each other." '* All the more reason for us not to quarrel, and leave the dust and our bodies for Raw- lins' pets to find. Now, how'll we divvy? " It was agreed that the common glass whisky flask each carried should be the Parker's Bag of Gold 257 measure. Each was to fill his flask in turn, and refill, until the finer dust was divided. The nuggets were then to go: one to each bandit, in turn, the order of choice to be decided by lot, and that order to be main- tained until all were chosen. When they had sworn to abide by this agreement, the young man said, '' Now get to work, or Rawlins will be sending a man for us, and we'll have to give him a share, or " " Or let him share with Dunning and Parker," interrupted another grimly. They returned to the gold, and worked ac- cording to the agreed plan ; each placing his rifle behind him : '' For fear of accidents," the young man said. Watching each other with wolfish eyes, each filled his flask, in turn, and emptied it into his own division ; the many nuggets too large to be forced into the flasks being placed in a fourth pile, for final division. CHAPTER XXII THE PURSUERS PURSUED The party we left in the stronghold made hasty preparation for retreat to the Meadow. For the Indian they made a tomb of rocks, where they laid him, wrapped in his blanket, his rifle by his side, after Mr. Pelham had asked the Father of all mercies to be merci- ful to the soul of the man who had given his life in charity — which is love. Ferris was carried into the inclosure, where Miss Ham- matt gave his wound such care as she could, and Birkett left with him his own food and water. Then they started for the trail ; the women on the horses, guarding Miss Hammatt's prisoner; Mr. Pelham next on the pony; Birkett and Lennox on foot in the rear, from 258 The Pursuers Pursued 259 which direction only they looked for at- tack. When they reached the trail, Birkett ad- vised that the women and Mr. Pelham ride for the Meadow, as fast as possible, leaving him and Lennox to follow with the prisoner at their best gait. Mr. Pelham demurred to this; saying that he was as able to walk as the others, but his argument was abruptly closed by the appearance above them on the trail of three horsemen, at the sight of whom Miss Hammatt exclaimed, " Thank God, my father!" The doctor was accompanied by the serv- ant, who had been absent from the Meadow with him, and the colonist whose family the doctor had visited. Dr. Hammatt embraced his daughter and Constance, saluted the men gravely, and then listened to Birkett's account of the strength, and probable whereabouts, of the surviving bandits. At the close of the miner's narration. Dr. 26o Fort Birkett Hammatt said, " Our horses are not fresh, but we shall at once pursue, and try to run down these villains/' " But they are five," exclaimed his daugh- ter, " and you are but three." " We are at least four," Lennox said. The doctor looked approval of the young man's avowed purpose to join in the pursuit; and bowed acknowledgment when Birkett said, " Counting me, we are five, Colonel." Constance turned pale and said, '' Grand- father, Mr. Lennox — and Mr. Birkett — are much worn — by fatigue, hunger, lack of sleep. Should you not wait until a larger party can be collected ? " " What you say will justify Mr. Lennox, as well as Mr. Pelham, in returning to the Meadow with you. I go on at once," the doctor replied. " Ez for me," said Birkett, " I hev quite a leetle mining interest down in thet thar gorge, which I am afeered those rascals will not respect. I go with the doctor." The Pursuers Pursued 261 " And I, also," Lennox said. He stepped to Constance's side, and whispered, " But I shall return to you." '' Sir ! " cried Mr. Pelham to the doctor, *' we shall outnumber those villains. I shall go with you." Miss Hammatt seemed about to say something of a decided character to the lawyer, but checked herself and looked at her father in a way to bring an expression of great surprise into his face. She flushed at her father's glance; but was reassured when he said, " Mr. Pelham, I appreciate your spirit, sir; but a fighting force is hampered by its wounded. Besides, I shall feel re- lieved to know that the ladies of my family are protected at home by so brave a gentle- man as you prove yourself to be." Bowing as he concluded, the doctor started down the trail, followed by his com- panions. Without further word Miss Ham- matt and Constance dismounted and turned their horses over to Birkett and Lennox, who 262 Fort Birkett swung into the saddles and spurred to the pursuit. When the party had proceeded down the trail as far as the head of the gorge Birkett said, " I'd better prospect ahead here, doctor. Mebbe I ken locate whar they turned off to the south. It '11 save time ef we start fair on their trail." The others drew rein while Birkett went ahead on foot. In a few minutes he hur- ried back, signaled to them to dismount, and, when they joined him, whispered, " They're trapped, doctor ! They're taking a meal off the bait, jest now, but we'll spring the trap on 'em ez sure ez I'm a foot high! Kindly hev your guns handy for use, gentlemen, and follow me." Without asking explanation, the party silently followed Birkett until the bandits, absorbed in their work over the division of the gold, came into full view. Then they halted, as Birkett stepped into the middle of the trail, and called out : The Pursuers Pursued 263 " We hev the drop ! The first man ez touches his gun is dead/' The old man's voice was clear and steady — ^had, even, its usual kindly quality of tone, but its effect on those addressed was of an angry thunder crash. Their hands trembled, and their heads dropped as if dodging blows. " Jest take a quiet look this way ; heving in mind what I remarked about guns," Bir- kett continued. The bandits turned affirightedly; and ut- tered snarling curses when they saw five steady rifles covering them. " Thank ye for being so obleeging," Bir- kett said. " Now, the man to the left, nighest the gorge, will please step this way; continuing to obleege by holding up his hands, ez he comes." The man obeyed, as did the other two in their turn; and the doctor and Lennox guarded them, while Birkett and the colonist bound them. " I hev assisted," continued the old miner, 264 Fort Birkett as he superintended these proceedings, " I hev ably assisted — which was the words of the editor who wrote a piece about it in the Placerville paper — at a small affair which related to three other gents ez got mixed up with some dust they didn't wash out, but another man did. In thet affair, it being in the early days, we didn't waste much rope on their arms — we needed the rope for their necks. But we're more civilized these here days. Honest men, who ketches a thief stealing, ain't allowed to punish the thief; but hez to prove to twelve other men, as didn't see, and is likely not to believe, thet they did ketch the thief stealing. Now, doctor," he added, " I reckon ye' re anxious to get to the Meadow, to look after the women folks, and see ef Miss Marthy's give the Jedge's arm proper treatment." " True," said the doctor. " But why do not you and Mr. Lennox return to the Meadow with us ? We've accounted for all of the rascals you've seen, but others may The Pursuers Pursued 265 have been sent for; and that makes me averse from leaving you here." "We'll return with ye," Birkett answered, " ef ye'll wait while the Colonel and me col- lect these few specimens of dust." They walked to where the gold was divided, the dust in three piles, the nuggets in another, and, at the sight, Dr. Hammatt uttered an exclamation of wonder. " Nice specimens ez I ever see," Birkett remarked. " At a rough reckon I should calculate it at twelve to thirteen hundred ounces — wuth upwards of twenty-two, or three, thousand dollars, say." " And is there more gravel that will pay like this ? " Dr. Hammatt asked, in amaze- ment. *' Doctor ! " — the old fellow's face worked nervously for a moment, then he blurted — *' we're all rich ; you, the Jedge, the Colonel, and old John Birkett. Yes, sir; I'm so derned rich it would be going against Provi- dence to prospect any more; but what I'll do 266 Fort Birkett when I kain't prospect I jest naturally try not to think on." .While Birkett and Lennox collected and packed the gold, the others buried the men who died in quarreling over it ; and then the whole party started out for the ]\Ieadow. One halt was made while Lennox, helped by two of the prisoners, brought Ferris from the stronghold to the trail; where Dr. Hammatt contrived a litter for him between two of the prisoners' horses. Events at the iMeadow had brought the sheriff there, and he took charge of the prisoners, much to the reHef of the doctor and his companions. CHAPTER XXIII A FAIR BARGAIN When, during some pleasant weeks at the Meadow, the business of incorporating the "Birkett Consolidated Gold Mining Com- pany " was disposed of, Mr. Pelham turned his attention to the trial of the bandits, who had been promptly indicted upon evidence a-bundantly presented to the grand jury through the district attorney. John Birkett was the chief adviser in this matter. He it was who urged that the charge of murder, based upon the death of Indian Sam and young Anderson, should be dropped. The mountaineers, who would form the trial jury, sympathized with Evan- son and Taggert, also then on trial in an ad- joining county; and to try the accused ban- dits for the crime of killing Anderson would 267 268 Fort Birkett give the defense an excuse to relate the ban- dits' case with the train robbery. " Stick to the charge of gold stealing, Jedge," urged Birkett to Mr. Pelham. " Since the days of what the story books calls the Argonauts, a miner's pan or sack of gold hez bin what ye might call sacred property. Horse stealing in a stock country, and gold stealing in a mining country, them hez always bin crimes easier to punish a man for, than for taking another man's life." In the preparation of his address to the jury Mr. Pelham was again advised by the old miner. " Tech 'em up with some of them words ye're so handy with, Jedge. A mountain man jest naturally do love beauti- ful language. Their ears is used to sounds ez be natural poetry : the wind singing soft through the trees ; brooks that make sounds like the wood instruments the fellow plays in the theater ; lullabys ye hear, kind of mur- mur-like, when ye sleep whar the night breeze carries the music of a far-off water- A Fair Bargain 269 fall. Facts is a good thing to convince a valley man, as mostly hears nothing more comfortable than a railroad train ; but ef ye want to prove a thing to a mountain man, put it to him purty, and he'll believe ye — even if he knows ye're lying." The evidence was in ; the attorney for the defense made a passionate appeal to the jury, and then Mr. Pelham rose to speak. He talked for ten minutes, without alluding to the case on trial ; and Lennox, and the people from the Meadow, began showing signs of nervousness. But John Birkett, facing the jury, and nodding grave approval if he chanced to meet a juryman's eye, grew every minute more confident. " Byron, Shelley, Wordsworth, Long- fellow," murmured Dr. Hammatt, checking off the authors Mr. Pelham was appropriat- ing liberally. " Will he never reach the case? Keats, Moore — how he quotes! What a prodigious memory ! " Lennox, sitting near the table behind 270 Fort Birkett which Mr. Pelham stood, began to shake with suppressed laughter. When he could control his voice he whispered to Dr. Ham- matt, " Those are not law books spread out before Mr. Pelham : they are your complete set of British Poets ! " Having exhausted all that his poets had written to or of the mountains, Mr. Pelham concluded with an original tribute to the " majesty and grandeur of your snow- capped cathedrals; the haunting beauty of your heaven - canopied canons!" This caused Lennox to bury his smiling face in his hands ; but Birkett murmured, '' He's fetched the twelfth man ! " Mr. Pelham, also having discovered that he had " fetched the twelfth man," sat down ; and in five minutes a verdict was returned : " Guilty as charged." The crowded courtroom cheered, and spectators, jury, officials, nearly fought in eagerness to shake hands with Mr. Pelham, and assure him that as fine and strong a legal A Fair Bargain 271 argument had never before been heard in the country. Miss Hammatt quietly gathered up the poets and concealed them. The next day, the party having returned to the Meadow, Mr. Pelham announced that business he could no longer neglect obliged him to go to New York. Birkett urged the lawyer to remain longer. " Ye oughtn't to go, Jedge," he said; '' ye're ten years younger already since ye came into the mountains; and another month here will put ye in the same class, for age, with the Colonel." ^'I shall return," said Mr. Pelham; ''I shall come again before snow, to see how you and Mr. Lennox are working the mines." That evening Mr. Pelham and Miss Ham- matt sat under the great pine in front of the house. Inside, the doctor was reading; in the stables Birkett prepared a pack train, to start out in the morning for the machinery of a sawmill needed to get out lumber for mining flumes, and sluice boxes; down the 272 Fort Birkett path, toward the lower end of the Meadow, strolled Constance and Lennox. The still air was sweet with mountain odors, and suffused with a new moon's faint light. Perhaps it was the fatigue of his day's work, or the mystery hush of the night, that made Mr. Pelham disinclined to speech ; but what- ever its cause, his companion seemed not to resent his silence — rather to sympathize with it. Birkett's musical voice was heard, giv- ing final instructions to the colonists who were to take out the pack train ; the doctor's movements, between the reading table and book shelves, told of his pursuits ; but under the pine the couple long remained idly silent. "Martha," Mr. Pelham at last said. She turned to him quietly. '' Martha, I've been thinking that the trip to New York will be a — a task to me — if I go alone." " And Fve been thinking, De Witt, of the same thing." A Fair Bargain 273 " Thank you, Martha ; I never before pro- posed marriage, and lack, no doubt, in some of the graces the occasion demands." He took her hand, and kissed it. " I shall speak to your father." " I will go with you," she said ; and, arm in arm, they entered the house. Constance and Lennox talked more gayly than they ever did before: he of his travels and studies; of New York, his birthplace, but a stranger city to him; how he should seek, now that fortune had come, to establish for himself the place among his own people which his father had held: she of her life in the mountains, which had never seemed lonely until " Until ? " he asked, but she did not reply. " Will it seem lonely when I am gone ? My life, even in the great city, will be lonely, unless " They were silent until they came to the manzanita thicket. There he took her 274 Fort Birkett hands, and said, " I loved you, Constance, the night we first met here. Do you love me, dear? " In the little sitting room Mr. Pelham and Martha were in great spirits, and Dr. Ham- matt, though quieter than even his wont, smiled affectionately upon his daughter, seeing her happiness. It was the doctor who noted the long absence of the young people. "Where are Constance and Lennox?" he asked. Even as he spoke they entered, hand in hand: Lennox exultant, and Constance blushing. " De Witt," whispered Miss Hammatt, " it will be a double wedding ! " **My granddaughter has my consent," Dr. Hammatt said, when Lennox promptly asked that assurance of happiness. " But," he added, sadly, though his fine face was brightened by the joy reflected from those about him, '' you gentlemen are not fair traders with a lonely old man. You find for A Fair Bargain 275 him merely a fortune — you take from him his children ! " "Sir!" declared Mr. Pelham, "we are more than fair: we throw into the bargain two dutiful sons ! '* The following summer Dr. Hammatt left his books, and Birkett his mines, to travel to- gether to New York, for the christening of Vanderlyn Birkett Lennox and Martha Hammatt Pelham. In dumb wonder John Birkett visited with the " Colonel " the sights of New York; was stricken with inward terror by magic shoots to heights of towering buildings; by mad whirls through insane streets, in satanic vehicles propelled by lightning; marveled, until mind-weary, at the splendor of his friends' homes, their servants, their luxuries, the bewildering beauty of " Miss Marthy's " and " Miss Connie's " gowns ; was fairly dazed when a great financier, at Mr. Pel- ham's table, paid him marked attention ; say- 276 Fort Birkett ing that the street had been favorably affected by the bulHon output of Camp Birkett. His greatest hour of triumph was when Mrs. Lennox slyly induced him to tell, be- fore a roomful of splendid men and women, the story of his dismissal as a nurse, by Mrs. De Witt Pelham. He told the story to such applause as frightened him, at first; but he grew accustomed to it before the end of his visit, for Constance demanded the story whenever she had an audience for him. The unvarying conclusion, which was re- ceived with an enthusiasm the old miner never understood, was, " So I hustles in the Jedge, with a bullet through his arm, and I starts to dressing of the wound. Miss Marthy, she comes up, and she says to me, *John Birkett,' says she, 'stick to yer rifle. Nursing the wounded is woman's work.' Well, she located the Jedge right then and thar; and neither the Jedge nor Miss Marthy hez set up no conflicting loca- tion since, I reckon," A Fair Bargain 277 When the visitors set forth for the moun- tains again, Birkett was in charge of a car- load of house furnishings which he was directed to transport to the Meadow if he had to build a wagon road to do it. He de- clared that he meant to build a road, any- way, so that the youngsters might reach the Meadow. He intended to see them once a year, but would not again risk mind and life by a visit to New York. So, each summer the little ones and their parents visit the old home, now enlarged by quaintly straggling additions, where the doctor in serene old age, and Birkett with in- creasing gentleness, welcome them. John Birkett's pleasure is to teach Con- stance's boy to ride; to show him the Meadow trails which lead to quiet retreats of deer ; to know the rocks, the trees, the harmony of music and incense revealed only to those who know and love the mountains. THE END. M271 14 THE UNIVERSITY OF CALIFORNIA LIBRARY