He looked up. He saw Stacy not thirty yards before him with his rifle at half-cock. He saw Barker and Demorest, fully armed, rise from behind their breastworks of rock along the ledge and thus fully occupy the claim. But he saw more. He saw that his plot was known. Outlaw and desperado as he was, he saw that he had lost his moral power in this actual possession, and that from that moment he must be the aggressor. He saw he was fighting no irresponsible hirelings like his own, but men of position and importance, whose loss would make a stir. Against their rifles the few revolvers that his men chanced to have slung to them were of little avail. But he was not cowed, although his few followers stumbled together at this momentary check, half angrily, half timorously like wolves without a leader. “Bring up the other men and their guns,” he whispered fiercely to the nearest. Then he faced Stacy.

“Who are YOU to stop peaceful miners going to work on their own claim?” he said coarsely. “I'll tell you WHO, boys,” he added, suddenly turning to his men with a hoarse laugh. “It ain't even the bank! It's only Jim Stacy, that the bank kicked out yesterday to save itself,—Jim Stacy and his broken-down pals. And what's the thief doing here—in Marshall's tunnel—the only spot that Marshall can claim? We ain't no particular friends o' Marshall's, though we're neighbors on the same claim; but we ain't going to see Marshall ousted by tramps. Are we, boys?”

“No, by G-d!” said his followers, dropping the pans and seizing their picks and revolvers. They understood the appeal to arms if not to their reason. For an instant the fight seemed imminent. Then a voice from behind them said:—

“You needn't trouble yourselves about that! I'M Marshall! I sent these gentlemen to occupy the claim until I came here with the surveyor,” and two men stepped from a thicket of myrtle in the rear of Steptoe and his followers. The speaker, Marshall, was a thin, slight, overworked, over-aged man; his companion, the surveyor, was equally slight, but red-bearded, spectacled, and professional-looking, with a long traveling-duster that made him appear even clerical. They were scarcely a physical addition to Stacy's party, whatever might have been their moral and legal support.

But it was just this support that Steptoe strangely clung to in his designs for the future, and a wild idea seized him. The surveyor was really the only disinterested witness between the two parties. If Steptoe could confuse his mind before the actual fighting—from which he would, of course, escape as a non-combatant—it would go far afterwards to rehabilitate Steptoe's party. “Very well, then,” he said to Marshall, “I shall call this gentleman to witness that we have been attacked here in peaceable possession of our part of the claim by these armed strangers, and whether they are acting on your order or not, their blood will be on your head.”

“Then I reckon,” said the surveyor, as he tore away his beard, wig, spectacles, and mustache, and revealed the figure of Jack Hamlin, “that I'm about the last witness that Mr. Steptoe-Horncastle ought to call, and about the last witness that he ever WILL call!”

But he had not calculated upon the desperation of Steptoe over the failure of this last hope. For there sprang up in the outlaw's brain the same hideous idea that he voiced to his companions at the Divide. With a hoarse cry to his followers, he crashed his pickaxe into the brain of Marshall, who stood near him, and sprang forward. Three or four shots were exchanged. Two of his men fell, a bullet from Stacy's rifle pierced Steptoe's leg, and he dropped forward on one knee. He heard the steps of his reinforcements with their weapons coming close behind him, and rolled aside on the sloping ledge to let them pass. But he rolled too far. He felt himself slipping down the mountain-side in the slimy shoot of the tunnel. He made a desperate attempt to recover himself, but the treacherous drift of the loose debris rolled with him, as if he were part of its refuse, and, carrying him down, left him unconscious, but otherwise uninjured, in the bushes of the second ledge five hundred feet below.

When he recovered his senses the shouts and outcries above him had ceased. He knew he was safe. The ledge could only be reached by a circuitous route three miles away. He knew, too, that if he could only reach a point of outcrop a hundred yards away he could easily descend to the stage road, down the gentle slope of the mountain hidden in a growth of hazel-brush. He bound up his wounded leg, and dragged himself on his hands and knees laboriously to the outcrop. He did not look up; since his pick had crashed into Marshall's brain he had but one blind thought before him—to escape at once! That his revenge and compensation would come later he never doubted. He limped and crept, rolled and fell, from bush to bush through the sloping thickets, until he saw the red road a few feet below him.

If he only had a horse he could put miles between him and any present pursuit! Why should he not have one? The road was frequented by solitary horsemen—miners and Mexicans. He had his revolver with him; what mattered the life of another man if he escaped from the consequences of the one he had just taken? He heard the clatter of hoofs; two priests on mules rode slowly by; he ground his teeth with disappointment. But they had scarcely passed before another and more rapid clatter came from their rear. It was a lad on horseback. He started. It was his own son!

He remembered in a flash how the boy had said he was coming to meet the padre at the station on that day. His first impulse was to hide himself, his wound, and his defeat from the lad, but the blind idea of escape was still paramount. He leaned over the bank and called to him. The astonished lad cantered eagerly to his side.