VICTORIOUS
The lawyer did not return for several hours, and then he said:
"I have sent for surveyors, and we will run our own lines early
to-morrow morning, after which an officer shall be stationed there to
warn him from encroaching. You must be on the spot as early as possible
to attend to matters."
"He'll find us when the sun comes up. Was this why you sent the
telegram?"
"I wanted to discover what he meant by the hiring of carpenters and the
ordering of lumber; but that you have already done."
"When will the case be tried?"
"Next week I think; but that is of minor importance just now. The
supposed location of the purchase is to be pointed out to the surveyors,
therefore one of you must remain here until they arrive.
"When do you expect them?"
"On the first train to-morrow."
"Fred can wait for 'em, an' I'll leave in time to get there by
daylight."
"Very well; make your preparations to stay until I send word that it is
no longer necessary."
Joe and Fred left the office to purchase such provisions as might be
needed while holding possession of the disputed property, and when this
had been done the question arose as to how word could be sent to Bill.
"The story is too long for a telegram," Fred said, "so suppose we say by
wire that there is nothing particularly new, and write a letter?"
"Go ahead. I ain't much of a fist with a pen, so while you're tellin'
the yarn I'll send the message."
Joe retired early in order to be in readiness for the journey, and Fred
was not awake when, shortly after midnight, he slipped out of the house.
It was not an easy matter to find his way in the darkness; but he
finally succeeded after straying from the right course several times,
and was thoroughly astonished at finding half a dozen men already in
possession.
A small amount of lumber was scattered here and there, as if placed in
readiness to be used, and a temporary camp had been erected close beside
the coal vein.
The men had but just awakened when he arrived, and in reply to his angry
question of why they were there, one of them asked impudently:
"What business is it of yours?"
"I happen to own a quarter of this land, an' it'll be hot for all hands
if there's any attempt at puttin' up a building."
"It'll take us about two minutes to clean you out, an' we'll do it, if
you so much as yip again."
Joe was literally trembling with rage. He fancied a portion of his title
to the tract would be lost, if he did not drive the intruders away, and
before the spokesman had time to defend himself against an attack, the
miner knocked him headlong with one well-directed blow. Then, picking up
an axe which lay near by, he made such a furious onslaught upon the
remainder of the party that they scattered in every direction.
Instead of following, he chopped and tore at the camp until it was
demolished, and then destroyed all the provisions it had contained, in
addition to pounding into shapeless masses the tin cooking utensils.
By this time the carpenters got their scattered forces together and were
marching in a body against the man who had put them to flight.
In the immediate vicinity of the camp were stored nearly all the tools,
and, standing over these, Joe shouted:
"As true as my name's Brace I'll kill the first man who comes here,"
and he brandished the axe above his head.
"Don't be a fool!" some one cried. "What can you do against the crowd?"
"Split open the head of the first who comes within strikin' distance.
After that has been done you may manage to get the best of me; but one
is sure to go down--which shall it be?"
None of the party cared to prove the truth of Joe's threat, and they
fell back a short distance, giving him an opportunity to intrench
himself behind the fragments of the camp.
The miner took care to gather the tools around him so they could not be
seized in case a sudden rush was made, and then, as he afterward said,
"read the riot act" to the trespassers.
Matters were in this condition when Fred and the surveyors arrived.
The carpenters were seated on the ground a short distance away, while
Joe remained perched on the ruins of the hut calmly smoking his pipe;
but prepared for any attack, however sudden.
"Go back to Blacktown and tell the lawyer to send some officers," the
miner cried, "These beauties are countin' on buildin' a house right
here, I'll hold 'em off till they can be arrested."
"Oh, yes you will," one of the party shouted. "Wait till the crowd get
here from Farley's, an' then we'll see who runs this place."
Joe brandished his axe, as an intimation of what he was prepared to do,
and cried to Fred who stood in silent astonishment a few paces away:
"Hurry on, lad, there's no time to be lost!"
This roused Fred to a sense of the necessity for immediate action, and
he started off at full speed.
The surveyors thinking quite naturally that they were not included in
the hostilities, made ready to perform the work for which they had been
engaged; but no sooner were the instruments set up than the carpenters
made a dash at them, crying:
"If we have to lay still you shall do the same. Stand back an' wait till
Mr. Wright comes."
"Stick to your job, an' if one will help me, I'll get rid of the whole
boiling," Joe cried as he advanced.
"Look here, my friend," the elder of the surveying party said in a low
tone, "I understand something about this fight, and don't propose to get
mixed up in what isn't really any of my business. We'll run the lines,
if nobody molests us; but won't put ourselves out to do it."
"Then I can't count on you?"
"Not at all; this is too serious business for us to be involved in. If
you want to buy a good revolver, though, I'll sell one cheap, and take
my pay when we meet in Blacktown.
"You're a brick," Joe cried, enthusiastically. "Give me the shooter, an'
I'll guarantee to pay any price for it."
The weapon was delivered, and the miner left his fortification, marching
directly toward the enemy.
"I give you a fair warnin' to clear out," he said, leveling the
revolver. "This is my land, an' I order every one to leave. These
surveyors are here to run the lines for my partners an' me. The first
who interferes with em' will get a ball. I ain't talkin' foolish, for
you know the law will uphold me in defendin' my own. Now begin the job,"
he added, to the surveying party, "an' we'll see who wants to have
trouble."
This argument was understood by Mr. Wright's adherents, and they kept at
a respectful distance, while the others did their work.
New stakes were set up without any regard to those already in position,
and the labor had but just been completed when the superintendent and
two members of his company arrived.
"Why are you not at work?" he asked one of the carpenters.
For reply the man pointed toward Joe, who was pacing to and fro on what
he believed to be the boundary line of his property.
"Get those timbers up," Mr. Wright cried angrily.
"You may drag them off; but the first one who dares so much as raise a
joist for any other purpose, shall suffer!" Joe shouted.
"Knock that fellow down! What business has he here?" and the
superintendent's voice trembled with suppressed fury.
"I'm where I belong, an' seein's how your men don't dare do the knockin'
down, s'pose you take a hand at it."
Mr. Wright advanced as if to act upon the suggestion; but before he
reached the imaginary line the miner shouted:
"If you put a foot on this land I'll shoot. Send your crowd home, and
then if you want to tackle me I'll throw the revolver down, an' meet you
half way."
The superintendent paid no attention to this remark, save to halt on the
safe side of the danger line, where he whispered a few words to one of
his men, and the latter started at full speed for Farley's.
"I reckon my jig is about up," Joe muttered to himself. "He's sent for
help, an' they're bound to bring what'll be of more service than this
revolver."
The surveyors, evidently believing there was no especial reason why they
should stay, now matters were nearing a crisis, took their departure,
and the miner was once more left alone to defend his rights. Ten minutes
later Fred appeared from among the trees, followed by five determined
looking men, and Joe's cheers were not ended when Mr. Hunter came in
view.
The lawyer shook hands with the miner as he said:
"You've saved us what might have been a bad mess. Now we have a
reasonably large force, and can hold out until an injunction is
procured."
"Are you likely to get one soon?"
"A clerk will bring it in a short time. The application has been
granted, and the only delay is while the papers can be made out."
"I'm glad of that, for Wright has sent after more help, an' when it
comes things are likely to be hot."
Mr. Hunter now advanced and held a long conversation with the
superintendent and his friends, at the conclusion of which he ordered
Joe to have the lumber dragged from the tract staked out by the
surveyors.
In this work Fred assisted, while the miner stood guard with his
revolver to prevent any interference, and when the task was finished the
former whispered to his partner:
"Did they scare you, Joe?"
"Well, I don't mind ownin' to you that they did; but not one in the gang
knew it. I was bound to stick as long as I could, an' a big lot of bluff
helped me through."
"Mr. Hunter says that if the injunction can be served on Mr. Wright
before the men begin work, it will be all right."
"Is that the only thing he knows of to stop matters?"
"It will be enough."
"I'd rather trust to my fist than any paper that was ever written."
After a time Fred succeeded in making the miner understand what kind of
a document it was they depended upon to prevent the superintendent from
trespassing, and the explanation had but just been made as Mr. Hunter's
clerk arrived with the important document.
When this had been served on Mr. Wright the matter was settled
temporarily, and the lawyer said to Fred and Joe:
"You can return home, and the next summons will be for the trial. This
move of Wright's has been a foolish one, and will, I think, prejudice
his case."