"Turn them loose!" cried Durkee, astonished.
"That's what they said," repeated the messenger. "And here's written orders," and he displayed a paper signed by the well-known "33, Secretary," and bearing the Vigilante seal of the open eye.
"All right," acquiesced Durkee. "Now, you mangy hounds, you've got just about twenty-eight seconds to make yourselves as scarce as your virtues. Scat!"
Rube and his two companions had several of the twenty-eight seconds to spare; but once they had lost sight of their captors, they moderated their pace. They had been much depressed, but now they cheered up and swaggered. A few drinks restored them to normal, and they were able to put a good face on the report they now made to their employers, all of whom, including Terry, had gathered thus early to receive them. After all, things had gone well: they had been actually captured, which was the essential thing, and it did not seem necessary to go into extraneous details.
"Good!" cried Terry, who had come down from Sacramento personally to superintend the working out of this latest ruse.
He was illegally absent from his court, meddling illegally with matters not in his jurisdiction. "Now we must get a warrant for piracy into the hands of the United States Marshal. Send him alone, with no deputies. When he makes his deposition of resistance, then we shall see!"
The marshal found Durkee still at the wharf, seated on an upturned cask.
"I have this warrant for your arrest!" he proclaimed in a voice purposely loud.
"Yes? Let's see it," rejoined Durkee, lazily reaching out his hand.
He read the document through leisurely. His features betrayed no hint of his thoughts, but nevertheless his brain was very active. He read that he was accused of piracy against the might and majesty of the United States Government; and as his eyes slowly followed the involved and redundant legal phraseology, he reviewed the situation. The nature, of the trap became to him, partly evident. There was no doubt that technically he was a pirate, if these arms—as it seemed—belonged to the Government and not to the State. The punishment of piracy was death. Without appreciation of the fact, the committee had made him liable to the death penalty. And he had no doubt that the Federal Courts of California, as then constituted, would visit that penalty on him. He raised his head and looked about him. Within call were lounging a dozen resolute men belonging to the Committee of Vigilance. He had but to raise his voice to bring them to his assistance. Once inside Fort Gunnybags he knew that the committee would stand behind him to the last man.