CHAPTER XIII.

JUSTICE IN THE SADDLE

It was an hour after the usual time when we bedded down the cattle. The

wagon had overtaken us about sunset, and the cook’s fire piloted us

into a camp fully two miles to the right of the trail. A change of

horses was awaiting us, and after a hasty supper Tupps detailed two

young fellows to visit Ogalalla. It required no urging; I outlined

clearly what was expected of their mission, requesting them to return

by the way of Flood’s wagon, and to receive any orders which my

employer might see fit to send. The horse-wrangler was pressed in to

stand the guard of one of the absent lads on the second watch, and I

agreed to take the other, which fell in the third. The boys had not yet

returned when our guard was called, but did so shortly afterward, one

of them hunting me up on night-herd.

“Well,” said he, turning his horse and circling with me, “we caught

onto everything that was adrift. The Rebel and Sponsilier were both in

town, in charge of two deputies. Flood and your brother went in with

us, and with the lads from the other outfits, including those across

the river, there must have been twenty-five of Lovell’s men in town. I

noticed that Dave and The Rebel were still wearing their six-shooters,

while among the boys the arrests were looked upon as quite a joke. The

two deputies had all kinds of money, and wouldn’t allow no one but

themselves to spend a cent. The biggest one of the two—the one who gave

you the cigar—would say to my boss: ‘Sponsilier, you’re a trail foreman

from Texas—one of Don Lovell’s boss men—but you’re under arrest; your

cattle are in my possession this very minute. You understand that,

don’t you? Very well, then; everybody come up and have a drink on the

sheriff’s office.’ That was about the talk in every saloon and

dance-hall visited. But when we proposed starting back to camp, about

midnight, the big deputy said to Flood: ‘I want you to tell Colonel

Lovell that I hold a warrant for his arrest; urge him not to put me to

the trouble of coming out after him. If he had identified himself to me

this afternoon, he could have slept on a goose-hair bed to-night

instead of out there on the mesa, on the cold ground. His reputation in

this town would entitle him to three meals a day, even if he was under

arrest. Now, we’ll have one more, and tell the damned old rascal that

I’ll expect him in the morning.’”

We rode out the watch together. On returning to Flood’s camp, they had

found Don Lovell awake. The old man was pleased with the report, but

sent me no special word except to exercise my own judgment. The cattle

were tired after their long tramp of the day before, the outfit were

saddle weary, and the first rays of the rising sun flooded the mesa

before men or animals offered to arise. But the duties of another day

commanded us anew, and with the cook calling us, we rose to meet them.

I was favorably impressed with Tupps as a segundo, and after breakfast

suggested that he graze the cattle over to the North Platte, cross it,

and make a permanent camp. This was agreed to, half the men were

excused for the day, and after designating, beyond the river, a clump

of cottonwoods where the wagon would be found, seven of us turned and

rode back for Ogalalla. With picked mounts under us, we avoided the

other cattle which could be seen grazing northward, and when fully

halfway to town, there before us on the brink of the mesa loomed up the

lead of a herd. I soon recognized Jack Splann on the point, and taking

a wide circle, dropped in behind him, the column stretching back a mile

and coming up the bluffs, forty abreast like an army in loose marching

order. I was proud of those “Open A’s;” they were my first herd, and

though in a hurry to reach town, I turned and rode back with them for

fully a mile.

Splann was acting under orders from Flood, who had met him at the ford

that morning. If the cattle were in the possession of any deputy

sheriff, they had failed to notify Jack, and the latter had already

started for the North Platte of his own accord. The “Drooping T” cattle

were in the immediate rear under Forrest’s segundo, and Splann urged me

to accompany him that forenoon, saying: “From what the boys said this

morning, Dave and Paul will not be given a hearing until two o’clock

this afternoon. I can graze beyond the North Fork by that time, and

then we’ll all go back together. Flood’s right behind here with the

‘Drooping T’s,’ and I think it’s his intention to go all the way to the

river. Drop back and see him.”

The boys who were with me never halted, but had ridden on towards town.

When the second herd began the ascent of the mesa, I left Splann and

turned back, waiting on the brink for its arrival. As it would take the

lead cattle some time to reach me, I dismounted, resting in the shade

of my horse. But my rest was brief, for the clattering hoofs of a

cavalcade of horsemen were approaching, and as I arose, Quince Forrest

and Bob Quirk with a dozen or more men dashed up and halted. As their

herds were intended for the Crow and Fort Washakie agencies, they would

naturally follow up the south side of the North Platte, and an hour or

two of grazing would put them in camp. The Buford cattle, as well as

Flood’s herd, were due to cross this North Fork of the mother Platte

within ten miles of Ogalalla, their respective routes thenceforth being

north and northeast. Forrest, like myself, was somewhat leary of

entering the town, and my brother and the boys passed on shortly,

leaving Quince behind. We discussed every possible phase of what might

happen in case we were recognized, which was almost certain if

Tolleston or the Dodge buyers were encountered. But an overweening

hunger to get into Ogalalla was dominant in us, and under the excuse of

settling for our supplies, after the herd passed, we remounted our

horses, Flood joining us, and rode for the hamlet.

There was little external and no moral change in the town. Several new

saloons had opened, and in anticipation of the large drive that year,

the Dew-Drop-In dance-hall had been enlarged, and employed three shifts

of bartenders. A stage had been added with the new addition, and a

special importation of ladies had been brought out from Omaha for the

season. I use the term LADIES advisedly, for in my presence one of the

proprietors, with marked courtesy, said to an Eastern stranger, “Oh,

no, you need no introduction. My wife is the only woman in town; all

the balance are ladies.” Beyond a shave and a hair-cut, Forrest and I

fought shy of public places. But after the supplies were settled for,

and some new clothing was secured, we chambered a few drinks and

swaggered about with considerable ado. My bill of supplies amounted to

one hundred and twenty-six dollars, and when, without a word, I drew a

draft for the amount, the proprietor of the outfitting store, as a

pelon, made me a present of two fine silk handkerchiefs.

Forrest was treated likewise, and having invested ourselves in white

shirts, with flaming red ties, we used the new handkerchiefs to

otherwise decorate our persons. We had both chosen the brightest

colors, and with these knotted about our necks, dangling from

pistol-pockets, or protruding from ruffled shirt fronts, our own

mothers would scarcely have known us. Jim Flood, whom we met casually

on a back street, stopped, and after circling us once, said, “Now if

you fellows just keep perfectly sober, your disguise will be complete.”

Meanwhile Don Lovell had reported at an early hour to the sheriff’s

office. The legal profession was represented in Ogalalla by several

firms, criminal practice being their specialty; but fortunately Mike

Sutton, an attorney of Dodge, had arrived in town the day before on a

legal errand for another trail drover. Sutton was a frontier advocate,

alike popular with the Texas element and the gambling fraternity,

having achieved laurels in his home town as a criminal lawyer. Mike was

born on the little green isle beyond the sea, and, gifted with the

Celtic wit, was also in logic clear as the tones of a bell, while his

insight into human motives was almost superhuman. Lovell had had

occasion in other years to rely on Sutton’s counsel, and now would

listen to no refusal of his services. As it turned out, the lawyer’s

mission in Ogalalla was so closely in sympathy with Lovell’s trouble

that they naturally strengthened each other. The highest tribunal of

justice in Ogalalla was the county court, the judge of which also ran

the stock-yards during the shipping season, and was banker for two

monte games at the Lone Star saloon. He enjoyed the reputation of being

an honest, fearless jurist, and supported by a growing civic pride, his

decisions gave satisfaction. A sense of crude equity governed his

rulings, and as one of the citizens remarked, “Whatever the judge said,

went.” It should be remembered that this was in ’84, but had a similar

trouble occurred five years earlier, it is likely that Judge Colt would

have figured in the preliminaries, and the coroner might have been

called on to impanel a jury. But the rudiments of civilization were

sweeping westward, and Ogalalla was nerved to the importance of the

occasion; for that very afternoon a hearing was to be given for the

possession of two herds of cattle, valued at over a quarter-million

dollars.

The representatives of The Western Supply Company were quartered in the

largest hotel in town, but seldom appeared on the streets. They had

employed a firm of local attorneys, consisting of an old and a young

man, both of whom evidently believed in the justice of their client’s

cause. All the cattle-hands in Lovell’s employ were anxious to get a

glimpse of Tolleston, many of them patronizing the bar and table of the

same hostelry, but their efforts were futile until the hour arrived for

the hearing. They probably have a new court-house in Ogalalla now, but

at the date of this chronicle the building which served as a temple of

justice was poorly proportioned, its height being entirely out of

relation to its width. It was a two-story affair, the lower floor being

used for county offices, the upper one as the court-room. A long

stairway ran up the outside of the building, landing on a gallery in

front, from which the sheriff announced the sitting of the honorable

court of Keith County. At home in Texas, lawsuits were so rare that

though I was a grown man, the novelty of this one absorbed me. Quite a

large crowd had gathered in advance of the hour, and while awaiting the

arrival of Judge Mulqueen, a contingent of fifteen men from the two

herds in question rode up and halted in front of the court-house.

Forrest and I were lying low, not caring to be seen, when the three

plaintiffs, the two local attorneys, and Tolleston put in an

appearance. The cavalcade had not yet dismounted, and when Dorg Seay

caught sight of Tolleston, he stood up in his stirrups and sang out,

“Hello there, Archibald! my old college chum, how goes it?”

Judge Mulqueen had evidently dressed for the occasion, for with the

exception of the plaintiffs, he was the only man in the court-room who

wore a coat. The afternoon was a sultry one; in that first bottom of

the Platte there was scarcely a breath of air, and collars wilted limp

as rags. Neither map nor chart graced the unplastered walls, the

unpainted furniture of the room was sadly in need of repair, while a

musty odor permeated the room. Outside the railing the seating capacity

of the court-room was rather small, rough, bare planks serving for

seats, but the spectators gladly stood along the sides and rear, eager

to catch every word, as they silently mopped the sweat which oozed

alike from citizen and cattleman. Forrest and I were concealed in the

rear, which was packed with Lovell’s boys, when the judge walked in and

court opened for the hearing. Judge Mulqueen requested counsel on

either side to be as brief and direct as possible, both in their

pleadings and testimony, adding: “If they reach the stock-yards in

time, I may have to load out a train of feeders this evening. We’ll bed

the cars, anyhow.” Turning to the sheriff, he continued: “Frank, if you

happen outside, keep an eye up the river; those Lincoln feeders made a

deal yesterday for five hundred three-year-olds.—Read your complaint.”

The legal document was read with great fervor and energy by the younger

of the two local lawyers. In the main it reviewed the situation

correctly, every point, however, being made subservient to their

object,—the possession of the cattle. The plaintiffs contended that

they were the innocent holders of the original contract between the

government and The Western Supply Company, properly assigned; that they

had purchased these two herds in question, had paid earnest-money to

the amount of sixty-five thousand dollars on the same, and concluded by

petitioning the court for possession. Sutton arose, counseled a moment

with Lovell, and borrowing a chew of tobacco from Sponsilier, leisurely

addressed the court.

“I shall not trouble your honor by reading our reply in full, but

briefly state its contents,” said he, in substance. “We admit that the

herds in question, which have been correctly described by road brands

and ages, are the property of my client. We further admit that the two

trail foremen here under arrest as accessories were acting under the

orders of their employer, who assumes all responsibility for their

acts, and in our pleadings we ask this honorable court to discharge

them from further detention. The earnest-money, said to have been paid

on these herds, is correct to a cent, and we admit having the amount in

our possession. But,” and the little advocate’s voice rose, rich in its

Irish brogue, “we deny any assignment of the original contract. The

Western Supply Company is a corporation name, a shield and fence of

thieves. The plaintiffs here can claim no assignment, because they

themselves constitute the company. It has been decided that a man

cannot steal his own money, neither can he assign from himself to

himself. We shall prove by a credible witness that The Western Supply

Company is but another name for John C. Fields, Oliver Radcliff, and

the portly gentleman who was known a year ago as ‘Honest’ John Griscom,

one of his many aliases. If to these names you add a few moneyed

confederates, you have The Western Supply Company, one and the same. We

shall also prove that for years past these same gentlemen have belonged

to a ring, all brokers in government contracts, and frequently finding

it necessary to use assumed names, generally that of a corporation.”

Scanning the document in his hand, Sutton continued: “Our motive in

selling and accepting money on these herds in Dodge demands a word of

explanation. The original contract calls for five million pounds of

beef on foot to be delivered at Fort Buford. My client is a

sub-contractor under that award. There are times, your honor, when it

becomes necessary to resort to questionable means to attain an end.

This is one of them. Within a week after my client had given bonds for

the fulfillment of his contract, he made the discovery that he was

dealing with a double-faced set of scoundrels. From that day until the

present moment, secret-service men have shadowed every action of the

plaintiffs. My client has anticipated their every move. When beeves

broke in price from five to seven dollars a head, Honest John, here,

made his boasts in Washington City over a champagne supper that he and

his associates would clear one hundred thousand dollars on their Buford

contract. Let us reason together how this could be done. The Western

Supply Company refused, even when offered a bonus, to assign their

contract to my client. But they were perfectly willing to transfer it,

from themselves as a corporation, to themselves as individuals, even

though they had previously given Don Lovell a subcontract for the

delivery of the bees. The original award was made seven months ago, and

the depreciation in cattle since is the secret of why the frog eat the

cabbage. My client is under the necessity of tendering his cattle on

the day of delivery, and proposes to hold this earnest-money to

indemnify himself in case of an adverse decision at Fort Buford. It is

the only thing he can do, as The Western Supply Company is execution

proof, its assets consisting of some stud-horse office furniture and a

corporate seal. On the other hand, Don Lovell is rated at half a

million, mostly in pasture lands; is a citizen of Medina County, Texas,

and if these gentlemen have any grievance, let them go there and sue

him. A judgment against my client is good. Now, your honor, you have

our side of the question. To be brief, shall these old Wisinsteins come

out here from Washington City and dispossess any man of his property?

There is but one answer—not in the Republic of Keith.”

All three of the plaintiffs took the stand, their testimony supporting

the complaint, Lovell’s attorney refusing even to cross-examine any one

of them. When they rested their case Sutton arose, and scanning the

audience for some time, inquired, “Is Jim Reed there?” In response, a

tall, one-armed man worked his way from the outer gallery through the

crowd and advanced to the rail. I knew Reed by sight only, my middle

brother having made several trips with his trail cattle, but he was

known to every one by reputation. He had lost an arm in the Confederate

service, and was recognized by the gambling fraternity as the gamest

man among all the trail drovers, while every cowman from the Rio Grande

to the Yellowstone knew him as a poker-player. Reed was asked to take

the stand, and when questioned if he knew either of the plaintiffs,

said:

“Yes, I know that fat gentleman, and I’m powerful glad to meet up with

him again,” replied the witness, designating Honest John. “That man is

so crooked that he can’t sleep in a bed, and it’s one of the wonders of

this country that he hasn’t stretched hemp before this. I made his

acquaintance as manager of The Federal Supply Company, and delivered

three thousand cows to him at the Washita Indian Agency last fall. In

the final settlement, he drew on three different banks, and one draft

of twenty-eight thousand dollars came back, indorsed, DRAWEE UNKNOWN. I

had other herds on the trail to look after, and it was a month before I

found out that the check was bogus, by which time Honest John had

sailed for Europe. There was nothing could be done but put my claim

into a judgment and lay for him. But I’ve got a grapevine twist on him

now, for no sooner did he buy a herd here last week than Mr. Sutton

transferred the judgment to this jurisdiction, and his cattle will be

attached this afternoon. I’ve been on his trail for nearly a year, but

he’ll come to me now, and before he can move his beeves out of this

county, the last cent must come, with interest, attorney’s fees,

detective bills, and remuneration for my own time and trouble. That’s

the reason that I’m so glad to meet him. Judge, I’ve gone to the

trouble and expense to get his record for the last ten years. He’s so

snaky he sheds his name yearly, shifting for a nickname from Honest

John to The Quaker. In ’80 he and his associates did business under the

name of The Army & Sutler Supply Company, and I know of two judgments

that can be bought very reasonable against that corporation. His record

would convince any one that he despises to make an honest dollar.”

The older of the two attorneys for the plaintiffs asked a few

questions, but the replies were so unsatisfactory to their side, that

they soon passed the witness. During the cross-questioning, however,

the sheriff had approached the judge and whispered something to his

honor. As there were no further witnesses to be examined, the local

attorneys insisted on arguing the case, but Judge Mulqueen frowned them

down, saying:

“This court sees no occasion for any argument in the present case. You

might spout until you were black in the face and it wouldn’t change my

opinion any; besides I’ve got twenty cars to send and a train of cattle

to load out this evening. This court refuses to interfere with the

herds in question, at present the property of and in possession of Don

Lovell, who, together with his men, are discharged from custody. If

you’re in town to-night, Mr. Reed, drop into the Lone Star. Couple of

nice monte games running there; hundred-dollar limit, and if you feel

lucky, there’s a nice bank roll behind them. Adjourn court, Mr.

Sheriff.”

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