The posse, four men all told—the wounded deputy having crawled out of the fight after Dyke's first shot—fell back after the preliminary fusillade, dismounted, and took shelter behind rocks and trees. On that rugged ground, fighting from the saddle was impracticable. Dyke, in the meanwhile, held his fire, for he knew that, once his pistol was empty, he would never be allowed time to reload.

“Dyke,” called the sheriff again, “for the last time, I summon you to surrender.”

Dyke did not reply. The sheriff, Delaney, and the man named Christian conferred together in a low voice. Then Delaney and Christian left the others, making a wide detour up the sides of the arroyo, to gain a position to the left and somewhat to the rear of Dyke.

But it was at this moment that S. Behrman arrived. It could not be said whether it was courage or carelessness that brought the Railroad's agent within reach of Dyke's revolver. Possibly he was really a brave man; possibly occupied with keeping an uncertain seat upon the back of his labouring, scrambling horse, he had not noticed that he was so close upon that scene of battle. He certainly did not observe the posse lying upon the ground behind sheltering rocks and trees, and before anyone could call a warning, he had ridden out into the open, within thirty paces of Dyke's intrenchment.

Dyke saw. There was the arch-enemy; the man of all men whom he most hated; the man who had ruined him, who had exasperated him and driven him to crime, and who had instigated tireless pursuit through all those past terrible weeks. Suddenly, inviting death, he leaped up and forward; he had forgotten all else, all other considerations, at the sight of this man. He would die, gladly, so only that S. Behrman died before him.

“I've got YOU, anyway,” he shouted, as he ran forward.

The muzzle of the weapon was not ten feet from S. Behrman's huge stomach as Dyke drew the trigger. Had the cartridge exploded, death, certain and swift, would have followed, but at this, of all moments, the revolver missed fire.

S. Behrman, with an unexpected agility, leaped from the saddle, and, keeping his horse between him and Dyke, ran, dodging and ducking, from tree to tree. His first shot a failure, Dyke fired again and again at his enemy, emptying his revolver, reckless of consequences. His every shot went wild, and before he could draw his knife, the whole posse was upon him.

Without concerted plans, obeying no signal but the promptings of the impulse that snatched, unerring, at opportunity—the men, Delaney and Christian from one side, the sheriff and the deputy from the other, rushed in. They did not fire. It was Dyke alive they wanted. One of them had a riata snatched from a saddle-pommel, and with this they tried to bind him.

The fight was four to one—four men with law on their side, to one wounded freebooter, half-starved, exhausted by days and nights of pursuit, worn down with loss of sleep, thirst, privation, and the grinding, nerve-racking consciousness of an ever-present peril.