“

Me, Tom Tuttle, holding up my hands while a fellow takes my gun! What will Emerson Mead say to that! Well, I reckon he wouldn’t have done different, for Emerson’s got good judgment.”

Such was Tuttle’s soliloquy as he mounted the gradual ascent of the range that bounded the plain on the west. Alternately he chuckled and slapped his thigh in appreciation of the joke on himself, and exploded an indignant oath as mortified pride asserted itself.

After a time he espied a black dot in a halo of dust coming down the mountain side. He considered it a moment and then decided, “It’s a man on horseback.” He took out his revolver and, holding it in his hand, made another scrutiny of the approaching figure.

“Je-e-mima! If he don’t ride like Nick Ellhorn! I shouldn’t wonder if it’s Nick!”

Presently the figure flourished a black sombrero and down the dusty road came a yell which began full-lunged and ended in a screeching “whee-ee-e.” Tuttle answered with a loud “hello,” and both men put spurs to their horses and were soon shaking hands.

“What’s the news at Plumas and out at Emerson’s?” asked Tuttle.

“Oh, things are fairly quiet at Plumas just now, but you never know when hell is going to break loose there. You’re just in time, though, for Emerson’s up to his ears in fight. Goin’ to stay?”

“I will if Emerson needs me. I’ve been with Marshal Black over to Millbank after some counterfeiters from Colorado. He took ’em back, and, as he didn’t need me, I thought I’d just ride over here and see if you-all mightn’t be in trouble and need some help.”

“Ain’t after anybody, then?”

“No. But, say, Nick! I struck the darndest outfit last night! I got regularly held up!”

“What! You! Held up?”

“Yes, I did. Sat with my hands in the air like a fool tenderfoot while a man took my gun and cross-questioned me like a lawyer.”

Ellhorn rolled and rocked on his horse with laughter. When he could speak he demanded the whole story, which Tuttle told him in detail.

“What was their lay?” he asked.

“I’ll give it up. I’ve thought of everything I could, and there ain’t a blamed thing that’ll explain it.”

“Tommy, I reckon they need to be arrested about as bad as two men ever needed anything. Come along and we’ll corral ’em.”

“We’ve got no warrants, Nick!”

“Haven’t you got any in your pockets?”

“Yes, but not for them.”

“Tommy, you’re a deputy marshal, and that outfit took you at a disadvantage and misused you shameful. You’re an officer of the law, Tommy, and it was as bad as contempt of court! It’s our duty to arrest ’em for it and bring ’em in.”

“But we can’t do it without warrants, Nick.”

Ellhorn took some papers from his pocket and looked them over. “I’m lookin’ for a Mexican named Antonio Diaz,” he said. “Here’s the warrant for his arrest. Violation of the Edmunds act. You say one of these men was a Mexican. I think likely he’s Antonio. We’ll go and find out. Never mind tellin’ me how he looked,” he went on hastily, as Tuttle began to speak. “It’s likely he’s Antonio, and it’s my duty to go and find out. Of course, they’ll resist arrest, and then they’ll get their punishment for the way they treated you.”

Tuttle looked disapproving. “Nick, what do you think would be Emerson’s judgment?”

“Emerson ain’t here, and I’m acting on my own judgment, which is to go after this outfit and pepper ’em full of holes if they’re sassy.”

Tuttle shook his head. “I don’t like the scheme.”

“Well, it ain’t your scheme, and you don’t have to like it. I think we ought to go after these men right now. They’ve done something they ought to be arrested for. And, anyway, they ought to be punished for holdin’ you up.”

“Nick, I’d go with you in a minute, you know I would, if we had a warrant for ’em, or if I had any reason to think that the Mexican is the man you want. You don’t think so yourself. They might have blowed my brains out any minute, and nobody would ever have known a thing about it. But they didn’t and I reckon they treated me as white as they could and look after their own interests. It’s my judgment, and I think it would be Emerson’s, too, that it would be a mean trick for me to come up behind ’em and begin shootin’, just for holdin’ me up, when they might have treated me a whole heap worse. I won’t go with you, Nick.”

“Sure, then, and I’ll go alone,” Ellhorn responded cheerfully.

“They’ll be two to one.”

“Not very long, I reckon.”

“Better wait a few days, Nick, till you can go after ’em legally.”

“They’ll be out of the country by that time. I’m under no obligations to be kind to ’em, and I don’t mean to be. I’m goin’ to camp on their trail right now.” He dismounted and cinched up his saddle and inspected his revolver.

Tuttle regarded him dubiously and in silence until he remounted. Then he said, slowly: “Well, my judgment’s against it, Nick, but I won’t see you go off alone into any such scrape as this is bound to be. I’ll go with you, but I won’t do any shootin’—unless you need me mighty bad.”

They galloped back to the scene of Tuttle’s captivity the night before. They found the trail of the wagon, and followed it rapidly toward the north. Soon they saw a glaring white line against the horizon. “There’s the White Sands,” said Ellhorn. “We ought to catch ’em before they get there.” A few moments later they came within sight of the wagon. Tuttle and Ellhorn spurred their horses to a quicker pace and when they were within hailing distance Ellhorn shouted to its two occupants to surrender. Their only response was to put whip to their horses, and Ellhorn sent a pistol ball whizzing past them. They replied in kind and a quick fusillade began. Tuttle rode silently beside his companion, not even drawing his six-shooter from its holster. A bullet bit into the rim of his sombrero, and he grumbled a big oath under his breath. Another nicked the ear of Ellhorn’s horse. In the wagon, the Mexican was crouched in the bottom, shooting from behind the seat, apparently taking careful aim. The tall man stood up, lashing the horses furiously. He turned, holding the reins in one hand, and with the other discharged another volley, necessarily somewhat at random. But it came near doing good execution, for one bullet went through Tuttle’s sleeve and another singed the shoulder of Ellhorn’s coat.

“Whee-ee-e!” shouted Ellhorn. “Sure, and I’ve winged him! I’ve hit the big one in the leg!”

The next moment his pistol dropped to the ground. A bullet from the Mexican’s Winchester had plowed through his right arm. Tuttle, who had not even put hand to his revolver, drew rein beside him while the other men stopped shooting and devoted all their energies to getting away as quickly as possible. Tuttle tore strips from his shirt with which to bind Ellhorn’s wound, and persuaded him to return to Las Plumas, where he could have the services of a physician.

“I guess I’ll have to, Tom,” he said regretfully. “I’d like to go after ’em and finish this job up right now. I got one into the big one, but that’s nothin’ to what they deserve. Lord! but they need to be peppered full of holes! But I can’t fight now, and you won’t, so it’s no use.”

As they rode back Tuttle said: “You say that Emerson’s up to his ears in fight? What’s it about? That cattle business?”

“Yes, that’s it. You know he’s been havin’ trouble for some time with Colonel Whittaker and the Fillmore Cattle Company, and I reckon hell’s a-popping over there by this time. Colonel Whittaker—he’s manager of the company now, and one of the stock-holders—wants to corral the whole blamed country for his range. Well, there’s Emerson Mead has had his range for the last five years, and Willet still longer, and McAlvin and Brewer, they’ve been there a long time, too, and they all say they’ve got more right to the range than the company has, because they own the water holes, and they don’t propose to be crowded out by no corporation. But I reckon they’ll have to fight for their rights if they get ’em.”

“How’s Whittaker off for men? Got anybody that can shoot?”

“You bet he has. Young Will Whittaker is mighty near as good a shot as Emerson is. He does most of the managing at their ranch headquarters, while the old man works politics over in Plumas.”

“Have they had any fights yet?”

“I haven’t seen Emerson for a month. He was over in Plumas then and he said he expected to have trouble and wanted me to come out.”

“You don’t mean to say that the Fillmore outfit is really tryin’ to drive Emerson and the rest of them out of the Fernandez mountains?”

“Well, they want to get control of the whole range for about a hundred miles, if they can. And there’s some politics mixed up in it, of course. Old Whittaker is a Republican, you know, with a lot of political schemes he wants to put through. Of course Emerson and the others are Democrats and stand in with the party, and the Colonel thinks he’ll be doing the Republicans a big service if he can break them up. Emerson expected the trouble to come to a head over the spring round-up, for Colonel Whittaker said that Emerson and McAlvin and the rest of them shouldn’t round-up with him.”

“Well, Emerson won’t stand any such nonsense as that!”

“I guess Whittaker and his cow-boys will have to flirt gravel mighty fast if they keep him from it!”