He twisted up his lips in a wry, sarcastic smile but Eells was not susceptible to irony. He was the bulldog type of man, the kind that takes hold and hangs on, and he could see that the ore was rich. It was so rich indeed that in those two sacks alone there were undoubtedly several thousand dollars–and the mine itself might be worth millions. Eells turned and beckoned to Phillip F. Lapham, who was looking on with greedy eyes. They consulted together while Wunpost waited calmly, though with the battle light in his eyes, and at last Eells returned to the charge.
“Mr. Calhoun,” he said, “there’s no use to pretend that this ore which you have is stolen. We have seen samples of it before and it is very unusual–in fact, no one has seen anything like it. Therefore your claim that it is stolen is a palpable pretense, to deprive me of my rights under our constitution.
97“Yes?” prompted Wunpost, dropping his hand on his pistol, and Eells paused and glanced at Lapham.
“Well,” he conceded, “of course I can’t prove anything and─”
“No, you bet you can’t prove anything,” spoke up Wunpost defiantly, “and you can’t touch an ounce of my ore. It’s mine and I stole it and no court can make me show where; because a man can’t be compelled to incriminate himself–and if I showed you they could come out and pinch me. Huh! You’ve got a lawyer, have you? Well, I’ve got one myself and I know my legal rights and if any man puts out his hand to take away this bag, I’ve got a right to shoot him dead! Ain’t that right now, Mr. Flip Flappum?”
“Well–the law gives one the right to defend his own property; but only with sufficient force to resist the attack, and to shoot would be excessive.”
“Not with me!” asserted Wunpost, “I’ve consulted one of the best lawyers in Nevada and I’m posted on every detail. There’s Pisen-face Lynch, that everybody knows is a gun-man in the employ of Judson Eells, and at the first crooked move I’d be justified in killing him and then in killing you and Eells. Oh, I’ll law you, you dastards, I’ll law you with a six-shooter–and I’ve got an attorney all hired to defend me. We’ve agreed on his fee and I’ve got it all buried where he can go get it when I give him the directions; and I hope he gets it soon because then there’ll be just three less grafters, to rob honest prospectors of their rights.”
98He advanced upon Lapham, his great head thrust out as he followed his squirming flight through the crowd; and when he was gone he turned upon Eells who stood his ground with insolent courage.
“And you, you big slob,” he went on threateningly, “you don’t need to think you’ll git off. I ain’t afraid of your gun-man, and I ain’t afraid of you, and before we get through I’m going to git you. Well, laugh if you want to–it’s your scalp or mine–and you can jest politely go to hell.”
He snapped his fingers in his face and, taking a sack in both hands, started off to the Wells Fargo office; and, so intimidated for once were Eells and his gun-fighter, that neither one followed along after him. Wunpost deposited his treasure in the Express Company’s safe and went off to care for his animals and, while the crowd dispersed to the several saloons, Eells and Lapham went into conference. This sudden glib quoting of moot points of law was a new and disturbing factor, and Lapham himself was quite unstrung over the news of the buried retainer. It had all the earmarks of a criminal lawyer’s work, this tender solicitude for his fee; and some shysters that Lapham knew would even encourage their client to violence, if it would bring them any nearer to the gold. But this gold–where did it come from? Could it possibly be high-graded, in spite of all the testimony to the contrary? And if not, if his claim that it was stolen was a blind, then how could they discover its whereabouts? Certainly not by force of law, and not by any violence–they 99must resort to guile, the old cunning of the serpent, which now differentiates man from the beasts of the field, and perhaps they could get Wunpost drunk!