CHAPTER XXIV--LOST YET WON

With the stealth of a Blackfoot brave, Peter Pape approached the powder

cart in temporary use as a rostrum. Jane he had left where her safety no

longer troubled him. His entire attention reached forward. Having gained

the cover of a venerable cottonwood whose drooping catkins fringed the

shafts of the lowering sun he stopped and deliberately listened, excused

by the necessity of discovering just what was underway.

The slow, accented perusal of the apple-cheeked little big man of law

was holding the attention of his assortment of thugs to a degree

favorable for a surprise assault.

"Eighteen and twelve will show

The spot. Begin below.

Above the crock

A block will rock,

As rocks wrong's overthrow."

To the last word the verse carried to Pape's ears, metered to match the

two lines recited to him by Jane from her memory of the mysterious,

stolen cryptogram. There seemed no reason to doubt that Allen was

reading the rhymed instructions of the late Lauderdale eccentric.

Swinton Welch was first to offer thin-voiced complaint against the

poem's ambiguity.

"That third verse strikes me as the hardest yet, judge. What do you

reckon them figures mean? I don't see as there's any way to decide

whether they stand for rods or yards or feet. Eighteen from what? Twelve

to which? Or do you suppose, now, it means that the spot is

eighteen-by-twelve?"

With a wave of one chubby hand the lawyer dismissed these demands. "When

quite a young man I knew the writer of this rhyme. It is characteristic

that he should have put everything as vaguely as possible. He'd have

made a wonderful detective, he was such a genius at involving instead of

solving things. I'm relying quite a bit on my own gumption in the

selection of this place. But I feel sure that I am right at last. We're

on a height, surrounded by the requisite number of poplars, aren't we?

The noises we hear from the city, spread about on every hand, might be

called by poetic license any kind of a roar. And the whole place is

shelved with rock. Since we can't seem to solve those figures, let's

blow off the entire top if necessary and trust to the integrity of the

'crock.' You arranged for the acetylene lights, Duffy?"

"They'll be here before dusk."

Pape could not see the speaker from his cover point, but recognized the

voice of him of the vegetable ears recently bested in combat.

"Have you thought about the crowd the flare's going to attract, Mr.

Allen?" the pugilist wanted to know.

"I've arranged for the police to stand guard over us."

The complacency with which the lawyer made this assertion had a nerving

effect upon Pape. His frame straightened with a jerk. His muscles

tightened. His thoughts sped up. If the police were enlisted with the

enemy through political "pull" of the ex-judge, it behooved him to

decide at once upon the exact nature of such changes as he, personally,

might be able to effect in the afternoon's program. Perhaps too close

upon decision, he acted.

"I have permits from the commissioner to cover every emergency," the

lawyer continued. "I can promise you that there'll be no interference

this time, even----"

"_Except_ from me!"

The correction issued from behind the cottonwood and was followed

immediately by the appearance of Peter Pape.

Samuel Allen's assurance gurgled in his throat and the apple-red faded

from his cheeks as he slid from his seat on the cart-tail to face the

unfriendly, blue-black eye of a Colt.

"The--the impossible person!" he stammered.

"The _possible_ person, don't you mean, judge? It's time you got the

general little scheme of me, even though I do look mussed up this

crowded afternoon."

Pape's jocularity was a surface effect. The serious cooeperation of his

every thought and muscle would be needed if he won against such odds.

With his gun he waved back two of the crew who, evidently more

accustomed to the glance of the unfriendly eye than was the jurist, were

edging nearer. Still grinning with pseudo-pleasantry, he tried to guard

against attack from behind by backing toward the second of the

ark-bedded carts.

"This morning, Allen, you got me out of limbo through your drag with the

law," he continued. "Didn't hope for a so-soon opportunity to refund

that debt. But don't think I ain't ready with the interest."

"The only way to keep you out of new trouble is to leave you in the

old," snorted the small big man. "If this gun-play is for my amusement,

I'll say that your methods are as perverted as your sense of humor.

You're about as practical as a Bolshevist. Pray desist. Also--pardon my

frankness--get out while you can--out of trouble that doesn't concern

you in the slightest."

"Pardon _my_ frankness--" Pape, too, could feign politeness--"but this

trouble does concern me in the greatest. I hate being in your debt. I

feel I should take this chance to pay and save you!"

"Save me--from what?"

Although the Colt still held his gaze, the jurist put the question with

manifest relief. Argument was his stock in profession--perhaps he hoped

from that.

Pape couldn't restrain an out-loud chuckle, so near did he seem to the

consummation of his promises to Jane. "Just you hand over Granddad

Lauderdale's crypt and those _carte_-blank permits and I'll save you

from being your own lawyer defending a charge of before-and-after

burglary. Urge 'em upon me, judge, then call off your crew and vamoose

pronto--which is roof-of-America for get out quick yourself."

Allen sent a glance of appeal among his hirelings, but elicited no

response. To them there was, in truth, a stronger appeal in the careless

way the Westerner handled his "hardware." They looked to be gunmen

themselves, but of the metropolitan sort that shoot singly from behind

or in concert before. Certain was it that some one would get punctured

did the revolver speak and each was concerned lest he be the ill-fated

human "tire."

Allen seemed left to his own devices. Crumpling the cryptic sheet in one

hand, he started slowly forward. Pape lifted his foot for a stride along

the cart-side. But some time elapsed before the sole of his boot again

met mother earth. With the suddenness of most successful attacks on a

rear guarded over-confidently, the one leg which, for the moment,

supported his weight was jerked from under with a violence that pitched

him face forward.

As he fell his revolver exclaimed, but only an indignant monosyllable. A

veritable avalanche of humanity descended upon him, hard in effect as

the rocky ground in their attack with gun butts and fists. For a second

time he had miscalculated odds; seemed at last to have met defeat. In

the act, as it were, of seizing the Sturgis' loot, he was put out by a

blow from a leather black-jack brought down upon his defenseless head by

an expert hand.

Some minutes must have passed before his brain again functioned. In the

interim he had been "hogtied," despite the fact that, literally, the

knots were not tied according to the Hoyle of the range. The first thing

he noticed on opening his eyes was that Judge Allen had been stripped of

his coat and the left sleeves of his outer and under shirts cut away to

give place to a bandage. Evidently his instinctive pull on the trigger

had sent a bullet into his preferred target, although lack of aim had

made it a wing shot.

That the moment was one in which he would best "play Injun" was Pape's

first cautionary thought. Not even to ease his painfully cramped limbs

did he attempt to move a muscle. After his first roving look, his eyes

fixed, with an acquisitive gleam at variance with his helplessness, upon

something protruding from the inside pocket of a coat that lay upon the

ground near his hurting head.

The something, or one very like it, he had seen before--a folded

document engraved in brown ink. The coat also he recognized as that torn

off the wounded lawyer.

He next discovered that his ears, as well as eyes, could function.

Without moving, he allowed them to be filled with sound notes upon the

disaster which had overtaken him.

The ex-judge: "--and I congratulate you, Duffy, on as neat a turn-table

as I've ever seen."

Even more than to the unctuousness of the voice did Pape object to the

jurist's punctuation by boot upon that section of his own anatomy within

easiest reach. His indignation, however, was diverted by the assurance

that it was his enemy of the cauliflower ear who had brought about his

fall.

"Easier than throwing a seven with your own bones, your honor," Duffy

answered. "Wild-and-woolly here was too tickled with himself to notice

me under the cart tightening of a bolt. All I had to do was lunge out

and grab an ankle."

"Hadn't you better go and let some doctor look at that arm, judge?" The

concerned voice was Swinton Welch's. "I'll direct operations until----"

"You think I'm going right on taking chances on your weakness, Welch?"

Allen's counter-demand snapped with disapproval. "I'll see this thing

through, no matter how it hurts. Send for a surgeon if you know one who

don't insist on reporting gun-shot patients. Come, let's get this

animated interruption stowed away before the police arrive. Questions

never asked are easiest answered."

"Leave us throw him in with the powder," suggested a scar-faced bruiser

new in the cast, so far as Pape recalled.

And so they might have disposed of him had not Duffy advanced a better

proposition. Nearby was a sort of cave where he had "hidden out" on a

former emergency, he declared. It was dark and dribbly as a tomb--an

ideal safe-deposit for excess baggage.

"To the tomb with the scorpion, then!"

Beneath his pudginess, the little lawyer seemed hard as the rocks he was

so anxious to blast. With a gesture, he ordered one of the crew to help

him on with his coat.

Pape relaxed the more as three of them laid hold and carried him across

the flat. Duffy acted as guide and the lawyer, who assuredly was taking

no chances, went along to satisfy himself as to the security of the

hide-away. Several yards inside the narrow mouth of Duffy's "sort of"

cave they dropped him upon the rock floor; left him without further

concern over when, if at all, he should return to consciousness.

For reasons which had filled him with such elation as nearly to expose

his 'possum part, Pape approved their selection of the cave. Now the

hope of victory out of defeat came to him with an admission of Allen

from the entrance:

"I do feel some weakened by this wound. Guess I'd better rest here a

little while. You fellows go back and start turning rocks. Try the tilty

ones first and use powder, when necessary, just as if I owned the park.

Remember, I've got the permits."

For five minutes or more Pape waited without any effort to free himself

except from the puddle of drippings in which they had chanced to deposit

him. Since all seemed quiet, he made sibilant venture.

"Jane ... _Jane_!"

The shadowy figure which at once appeared from out the darker recesses

assured him that luck had not entirely deserted him--that the

safe-deposit vault selected for him was the same in which he had

honor-bound the girl to watch and wait his summons. On entrance of his

pallbearers, she had retreated into the depths of the "tomb," quite as

he had hoped she would. And now--in just a minute--he'd show them how

alive was the dead man they had buried.

She knelt beside him; was bending over him.

"Oh, Peter--it is you, then? Are you hurt--wounded?" Her whisper was

guarded as his own had been.

"Yes--wounded sore but only in my feelings--over being outwitted."

"It's just as well I didn't know you in the gloom. I'd have thought you

dead and died myself. I was near-dead of nervousness already. Knowing

you were armed, I feared when I heard the gun report that you had shot

some one and been captured. I couldn't have stayed here doing nothing

much longer, despite my promise. Don't know just what I'd have done,

but----"

"But that's been decided for you," he supplied, in an ecstasy over the

confession back of her words. "You are here to un-hog-tie me. The

key-knot is pressing the small of my back, or I don't know the feel of

one. See what you can do."

She leaned over him, her hands clasped over his helpless ones. "Only if

you promise me," she bargained with a vague, tender smile which he just

could see, "that you won't go back at them again. Otherwise you're much

safer tied--hog or human."

"I'll promise anything if you'll just lower those lips one half an inch.

I think I can reach the rest of the way."

But she evidently decided to free him without the promise and trust to

his discretion. Helping him turn over, she busied herself with his

bonds. Long and strong as were her fingers, however, they made no

impression upon this particular key-knot, tied to stay tied with some

sailor-taught knack.

"Feel in my coat pocket," he suggested. "If they've left me a couple of

matches----"

She did. And they had. A stroke across his boot top lit one. The odor of

burning hemp did not offend their nostrils; rather, was more grateful

than the most subtle incense from the freedom promised in its fumes.

After the fourth and last Lucifer had been burned to a char, the girl

was able to fray and sunder the rest of the rope. The "key" turned, Pape

made short work of the other knots, shook off his bonds and gained his

feet. His first act of freedom was to seize and kiss the two

taper-tipped, nail-broken, burnt-finger hands which had liberated him.

"Sweet pardner!... Precious pal!"

Pape always remembered his "grave" and the ensuing silence within its

dank dark as the most cheerful place and the livest moment of his life.

Only the moment, however, did he allow himself.

"I've got to reward you by leaving you again, but not for long. Don't

bother promising this time. Just wait until I bring the real tenant of

this tomb."

Samuel Allen, while seated upon a bowlder of trap-rock that divided the

opening, watching the start of the delayed excavation, felt himself

seized without warning from behind. Before he had time to utter more

than a gasp he was dragged back into the cave. Perhaps pain from his

injured shoulder made him speechless. Possibly surprise at the assault

of the "scorpion," just now unconscious and soundly trussed, had

something to do with his inefficiency. He still seemed incapable of

protest when the captive-turned-captor searched his coat pockets and

extracted their contents.

Jane, the while, had taken advantage of her absolution from oath to

follow guardedly; with automatic ready now appeared from darkness into

the light of the entrance.

"If he so much as whines, shoot him--and shoot to kill this time!" Pape

directed. "He deserves punishment and on two counts, I think. Just a

minute. I want to make sure."

Stepping nearer the opening, he began to run through the letters and

documents taken from the jurist's coat.

"Jane Lauderdale! Can it really be you, my child?" At last Allen drew

upon his font of sebaceousness. "I hope that you, too, are not in the

power of this impossible----"

"She isn't. I'm in hers."

Pape had overheard; now wheeled around. A glance had satisfied him that

the cryptogram at last was in hand. The brown engravings, the familiar

look of which had held his eyes when he lay trussed in the open, had

confirmed his first suspicion of them. Folded with the crinkly parchment

was other detailed proof.

"You're under arrest, judge!" he snapped.

"How so? You're no officer and I--You can't----"

"Oh yes, I can. Some few of the impossibilities that are my pet pastime

ought to be accredited to the deputy sheriff of Snowshoe County,

Montana. Out with those dimpled wrists!"

With one length of the rope so recently misused on himself, Pape

improvised handcuffs; with another hoppled the ankles of the jurist.

Unnerved by his helplessness, the little great man began to whimper.

"You tried to murder me out there. Now you--you--arrest me for what?"

"Ask the man behind the Montana Gusher oil fraud--your dishonorable

self. We're going to give you opportunity--a little time alone with the

crook."

The accusation left Pape's lips with the assurance of a theorem. The

legal tricks played in Western courts against his earlier fight to

protect his good name long ago had convinced him that some legal mind

was master of the plot. The jurist's morning skill at court jugglery had

brought its flash of suspicion. But not until he had discovered Allen as

the Lauderdale enemy had there recurred to him Jane's exclamation,

clipped by her father, that some one they knew might be the promoter of

the oil fraud. Later had come the first sight of tell-tale stock

certificates in the small culprit's pocket, their worth as clinching

proof assured by his recent examination at the mouth of the cave.

For the moment Allen seemed staggered by the charge. He looked as though

he should find himself exceeding poor company.

Pape turned to Jane. "Once more may I borrow your gun, dear? Some one of

his plug-uglies seems to have appropriated mine own. Come."

"Don't leave me, child. Don't go with the wild-man," Allen urged the

girl. "He'll only lead you into more trouble. He can't escape my men

once I start them searching for him and the price he'll pay for trussing

me up like this----"

"It's worth a goodly price to show you how a truss-up feels," Pape

interrupted. "Of course I can't hope you'll stay caved much longer than

I, once the gang misses you. But I won't have trouble re-pinching you,

not while I hold these certificates of your guilt. To think, Jane, that

my trail's-end should run into yours this way! It looks--don't get

scared, now--but it does look a whole lot like Fate."

She regarded him, serious-eyed, yet with faintly smiling lips. "It

looked a whole lot like that to me the day you told dad and me about

your search for----"

The suggestion of a smile vanished as she turned directly toward the

wretched-looking little big man. "Wasn't 'Montana Gusher' the name of

that oil stock you stopped Aunt Helene's buying, Judge Allen? Ah, I

thought so!"

With a glance of contempt for the obviously guilty "family friend," she

followed Pape out of the cave. From the shadow of the wall they looked

out over the flat.

"We can't continue Western style," he observed with manifest regret.

"See the mounties? They're here under instructions to report to his

Honor the Judge and do his bidding. There's a limit, as I learned awhile

back, to what one can tackle in Gotham single-handed--that is to say,

with hope of success. We'll need an injunction to stop that stunt. Let's

go get it!"

Almost were they across the open space which they must cover to reach

their horses when a shouted command to halt told that Allen's gang had

sighted them. Instead of obeying, Pape snatched Jane's hand and urged

her into a run.

They gained a moment in the one lost to the enemy while Swinton Welch

explained to the police lieutenant the necessity of capturing them. They

reached their mounts, climbed their saddles and were on their way before

the pursuit started from the far side of the flat. A second time that

afternoon the consecrated precinct of Gotham's pleasure place staged a

race--this one quite official, with former pursuers turned quarry.

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