“Ay,” said Glenister, darkly. “We’ve tried the law, but they’re forcing us back to first principles. There’s going to be murder here.”

CHAPTER XII
COUNTERPLOTS

GLENISTER had said that the Judge would not dare to disobey the mandates of the Circuit Court of Appeals, but he was wrong. Application was made for orders directing the enforcement of the writs—steps which would have restored possession of the Midas to its owners, as well as possession of the treasure in bank—but Stillman refused to grant them.

Wheaton called a meeting of the Swedes and their attorneys, advising a junction of forces. Dextry, who had returned from the mountains, was present. When they had finished their discussion, he said:

“It seems like I can always fight better when I know what the other feller’s game is. I’m going to spy on that outfit.”

“We’ve had detectives at work for weeks,” said the lawyer for the Scandinavians; “but they can’t find out anything we don’t know already.”

Dextry said no more, but that night found him busied in the building adjoining the one wherein McNamara had his office. He had rented a back room on the top floor, and with the help of his partner sawed through the ceiling into the loft and found his way thence to the roof through a hatchway. Fortunately, there was but little space between the two buildings, and, furthermore, each boasted the square fronts common in mining-camps, which projected high enough to prevent observation from across the way. Thus he was enabled, without discovery, to gain the roof adjoining and to cut through into the loft. He crept cautiously in through the opening, and out upon a floor of joists sealed on the lower side, then lit a candle, and, locating McNamara’s office, cut a peep-hole so that by lying flat on the timbers he could command a considerable portion of the room beneath. Here, early the following morning, he camped with the patience of an Indian, emerging in the still of that night stiff, hungry, and atrociously cross. Meanwhile, there had been another meeting of the mine-owners, and it had been decided to send Wheaton, properly armed with affidavits and transcripts of certain court records, back to San Francisco on the return trip of the Santa Maria, which had arrived in port. He was to institute proceedings for contempt of court, and it was hoped that by extraordinary effort he could gain quick action.

At daybreak Dextry returned to his post, and it was midnight before he crawled from his hiding-place to see the lawyer and Glenister.

“They have had a spy on you all day, Wheaton,” he began, “and they know you’re going out to the States. You’ll be arrested to-morrow morning before breakfast.”

“Arrested! What for?”