The location of the beeves was about twelve miles from town and but a short distance above the herds of The Rebel and Bob Quirk. It was nearly four o’clock when we left the hamlet, and by striking a free gait, we covered the intervening distance in less than an hour and a half. The mesa between the two rivers was covered with through cattle, and as we neared the herd in question, we were met by the larger one of the two chief deputies. The undersheriff was on his way to town, but on sighting his superior among us, he halted and a conference ensued. Sponsilier and Priest made a great ado over the big deputy on meeting, and after a few inquiries were exchanged, the latter turned to Sheriff Phillips and said:
“Well, we served the papers and I left the other two boys in temporary possession of the cattle. It’s a badly mixed-up affair. The Texas foreman is still in charge, and he seems like a reasonable fellow. The terms of the sale were to be half cash here and the balance at the point of delivery. But the buyers only paid forty thousand down, and the trail boss refuses to start until they make good their agreement. From what I could gather from the foreman, the buyers simply buffaloed the young fellow out of his beeves, and are now hanging back for more favorable terms. He accepted service all right and assured me that our men would be welcome at his wagon until further notice, so I left matters just as I found them. But as I was on the point of leaving, that segundo of the buyers arrived and tried to stir up a little trouble. We all sat down on him rather hard, and as I left he and the Texas foreman were holding quite a big pow-wow.”
“That’s Tolleston all right,” said old man Don, “and you can depend on him stirring up a muss if there’s any show. It’s a mystery to me how I tolerated that fellow as long as I did. If some of you boys will corner and hold him for me, I’d enjoy reading his title to him in a few plain words. It’s due him, and I want to pay everything I owe. What’s the programme, Mr. Sheriff?”
“The only safe thing to do is to get full possession of the cattle,” replied Phillips. “My deputies are all right, but they don’t thoroughly understand the situation. Mr. Lovell, if you can lend me ten men, I’ll take charge of the herd at once and move them back down the river about seven miles. They’re entirely too near the west line of the county to suit me, and once they’re in our custody the money will be forthcoming, or the expenses will mount up rapidly. Let’s ride.”
The under-sheriff turned back with us. A swell of the mesa cut off a view of the herd, but under the leadership of the deputy we rode to its summit, and there before and under us were both camp and cattle. Arriving at the wagon, Phillips very politely informed the Texas foreman that he would have to take full possession of his beeves for a few days, or until the present difficulties were adjusted. The trail boss was a young fellow of possibly thirty, and met the sheriff’s demand with several questions, but, on being assured that his employer’s equity in the herd would be fully protected without expense, he offered no serious objection. It developed that Reed had some slight acquaintance with the seller of the cattle, and lost no time in informing the trail boss of the record of the parties with whom his employer was dealing. The one-armed drover’s language was plain, the foreman knew Reed by reputation, and when Lovell assured the young man that he would be welcome at any of his wagons, and would be perfectly at liberty to see that his herd was properly cared for, he yielded without a word. My sympathies were with the foreman, for he seemed an honest fellow, and deliberately to take his herd from him, to my impulsive reasoning looked like an injustice. But the sheriff and those two old cowmen were determined, and the young fellow probably acted for the best in making a graceful surrender.
Meanwhile the two deputies in charge failed to materialize, and on inquiry they were reported as out at the herd with Tolleston. The foreman accompanied us to the cattle, and while on the way he informed the sheriff that he wished to count the beeves over to him and take a receipt for the same. Phillips hesitated, as he was no cowman, but Reed spoke up and insisted that it was fair and just, saying: “Of course, you’ll count the cattle and give him a receipt in numbers, ages, and brands. It’s not this young man’s fault that his herd must undergo all this trouble, and when he turns them over to an officer of the law he ought to have something to show for it. Any of Lovell’s foremen here will count them to a hair for you, and Don and I will witness the receipt, which will make it good among cowmen.”
Without loss of time the herd was started east. Tolleston kept well out of reach of my employer, and besought every one to know what this movement meant. But when the trail boss and Jim Flood rode out to a swell of ground ahead, and the point-men began filing the column through between the two foremen, Archie was sagacious enough to know that the count meant something serious. In the mean time Bob Quirk had favored Tolleston with his company, and when the count was nearly half over, my brother quietly informed him that the sheriff was taking possession. Once the atmosphere cleared, Archie grew uneasy and restless, and as the last few hundred beeves were passing the counters, he suddenly concluded to return to Ogalalla. But my brother urged him not to think of going until he had met his former employer, assuring Tolleston that the old man had made inquiry about and was anxious to meet him. The latter, however, could not remember anything of urgent importance between them, and pleaded the lateness of the hour and the necessity of his immediate return to town. The more urgent Bob Quirk became, the more fidgety grew Archie. The last of the cattle were passing the count as Tolleston turned away from my brother’s entreaty, and giving his horse the rowel, started off on a gallop. But there was a scattering field of horsemen to pass, and before the parting guest could clear it, a half-dozen ropes circled in the air and deftly settled over his horse’s neck and himself, one of which pinioned his arms. The boys were expecting something of this nature, and fully half the men in Lovell’s employ galloped up and formed a circle around the captive, now livid with rage. Archie was cursing by both note and rhyme, and had managed to unearth a knife and was trying to cut the lassos which fettered himself and horse, when Dorg Seay rode in and rapped him over the knuckles with a six-shooter, saying, “Don’t do that, sweetheart; those ropes cost thirty-five cents apiece.”
Fortunately the knife was knocked from Tolleston’s hand and his six-shooter secured, rendering him powerless to inflict injury to any one. The cattle count had ended, and escorted by a cordon of mounted men, both horse and captive were led over to where a contingent had gathered around to hear the result of the count. I was merely a delighted spectator, and as the other men turned from the cattle and met us, Lovell languidly threw one leg over his horse’s neck, and, suppressing a smile, greeted his old foreman.
“Hello, Archie,” said he; “it’s been some little time since last we met. I’ve been hearing some bad reports about you, and was anxious to meet up and talk matters over. Boys, take those ropes off his horse and give him back his irons; I raised this man and made him the cow-hand he is, and there’s nothing so serious between us that we should remain strangers. Now, Archie, I want you to know that you are in the employ of my enemies, who are as big a set of scoundrels as ever missed a halter. You and Flood, here, were the only two men in my employ who knew all the facts in regard to the Buford contract. And just because I wouldn’t favor you over a blind horse, you must hunt up the very men who are trying to undermine me on this drive. No wonder they gave you employment, for you’re a valuable man to them; but it’s at a serious loss,—the loss of your honor. You can’t go home to Texas and again be respected among men. This outfit you are with will promise you the earth, but the moment that they’re through with you, you won’t cut any more figure than a last year’s bird’s nest. They’ll throw you aside like an old boot, and you’ll fall so hard that you’ll hear the clock tick in China. Now, Archie, it hurts me to see a young fellow like you go wrong, and I’m willing to forgive the past and stretch out a hand to save you. If you’ll quit those people, you can have Flood’s cattle from here to the Rosebud Agency, or I’ll buy you a ticket home and you can help with the fall work at the ranch. You may have a day or two to think this matter over, and whatever you decide on will be final. You have shown little gratitude for the opportunities that I’ve given you, but we’ll break the old slate and start all over with a new one. Now, that’s all I wanted to say to you, except to do your own thinking. If you’re going back to town, I’ll ride a short distance with you.”
The two rode away together, but halted within sight for a short conference, after which Lovell returned. The cattle were being drifted east by the deputies and several of our boys, the trail boss having called off his men on an agreement of the count. The herd had tallied out thirty-six hundred and ten head, but in making out the receipt, the fact was developed that there were some six hundred beeves not in the regular road brand. These had been purchased extra from another source, and had been paid for in full by the buyers, the seller of the main herd agreeing to deliver them along with his own. This was fortunate, as it increased the equity of the buyers in the cattle, and more than established a sufficient interest to satisfy the judgment and all expenses.