CHAPTER XXII A CHECK

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"Lookit here, Judge," said Racey, earnestly, "do you mean to say yo're gonna let the sheriff serve them eviction papers?"

Judge Dolan elevated his feet upon his desk and tilted back his chair before replying.

"Racey," he said, teetering gently, "I gotta do what the law says in this thing."

"Then yo're gonna sic the sheriff on, huh?"

"I ain't doin' no sicin', not me. Luke Tweezy's the boy you mean."

"But the law makes you back up Luke."

"In this case it does."

"Then it's a helluva law that lets a feller take away the home of two women."

"They's lots of times," observed Dolan, judicially, "when I think she's a helluva law, too. But what you gonna do? Under the law one man's word is as good as another's till he's proved a liar. And two men's words are better than one, and so on. And so far nobody ain't proved Doc Coffin and Honey Hoke and Luke Tweezy are liars."

"Of course we know they are," protested Racey.

"Not legally. You gotta remember that knowing a man is a liar is one thing, and being able to prove it is another breed of cat."

"Then they ain't nothing to be done short of rubbing out Lanpher and
Tweezy?"

"And what good would wiping out either or both of them do? Beyond
Lanpher and Tweezy are their heirs and assigns, whoever they may be.
You can't go down the line and abolish 'em all."

"I s'pose not," grumbled Racey.

"Of course not. It ain't reasonable. You don't wanna bull along regardless like a bufflehead in this, Racey. You wanna use yore brains a few. They'll always go farther than main strength. You got brains, and you can bet you'll need every single one of 'em if you wanna get to the bottom of this business."

"Under the circumstances, then, what's yore advice, Judge?"

"I ain't got no particular advice to give," replied Dolan, promptly. "I'm a judge, not a lawyer, but I'm free to say even if I was a lawyer, I dunno exactly what I'd do, or where I'd begin."

Racey nodded. He didn't see exactly where to begin, either.

"Lookit, Judge," he said at last, "can't you sort of delay the proceedin's for a while?"

"I'll do what I can," assented Dolan, "but I can't keep it up forever. I'm sworn to obey the law and see that it is obeyed. And if Luke Tweezy's paper can't be proved a forgery certain and soon, they's only one thing for me to do and one thing for the Dales to do. I'm sorry, but that's the way it stands under the law."

It was then that the door-latch clicked and one entered without knocking. It was Luke Tweezy. Beyond the merest flicker of a glance he did not acknowledge the presence of Racey Dawson. He nodded perfunctorily to Dolan.

"Mornin', Judge," said he, "are the papers ready for the sheriff yet?"

"Not yet, Luke, not yet," Dolan assured, him blandly. "I ain't had time to get at 'em."

"When you gonna get at 'em?"

"Soon as I get time."

"But lookit here, Judge. We're bein' delayed. We wanna get the Dales off their ranch soon as we can."

"Off their ranch is shore the truth," struck in Racey. "You do tell it sometimes, don't you, Luke?"

But Luke Tweezy was not to be drawn that morning. He focussed his eyes and attention steadily on Judge Dolan.

"We wanna take possession soon as we can," persisted Luke Tweezy.

"Shore you do," said the Judge, heartily. "No reason why you shouldn't wanna as I know of."

"If you can't see yore way to getting at this business within a reasonable time I'll have to sue out a mandatory injunction against you, Judge, and—"

Dolan smiled wintrily. "What judge are you figuring on to grant this injunction?"

Luke Tweezy was silent.

"You don't expect me to grant a mandatory injunction against myself, do you?" pursued Dolan.

"I can go to Judge Allison at Marysville or to Piegan City, and I guess—"

"I guess not," interrupted the Judge. "Judge Allison, as you know, is a Federal Judge, and these here eviction proceedin's are territorial business. And, furthermore, lemme point out that the Piegan City court ain't got any jurisdiction in this case."

"Why not?"

"Because the case ain't come to a hearing yet. That's why. You oughta know that, Luke. Yo're a lawyer."

"Alla same—" began Luke.

"Alla same nothing!" declared Judge Dolan. "After eviction proceedin's have been started, and if you don't have any luck in getting them women off the place, then you can apply to this court for redress. I'll set a date for a hearing. After the hearing, if you got a notion in yore numskull that I ain't doing you right, you can apply to the Piegan City court for all the —— mandatory injunctions you feel like and be —— to you. Is they any further business you got with me, Luke, or any more points of law you wanna be instructed on? 'Cause if they ain't, here's you, there's the door, and right yonder is outside."

Luke Tweezy departed abruptly.

Dolan laughed harshly as the door slammed. "He can't bluff me, the chucklehead. He knew he couldn't sue out a mandatory injunction yet, knew it damn well, but he didn't think I knew it, damn his ornery soul."

"Oh, he's slick, Luke Tweezy is," said Racey Dawson, "but like most slick gents he thinks everybody else is a fool."

"He makes a mistake once in a while," grunted Dolan.

At which Racey looked up sharply. "A mistake," he repeated. "There's an idea. I wonder if he has made any mistake."

"Who ain't?" nodded Dolan. "Luke's made plenty, I'll bet."

"I dunno about plenty," doubted Racey. "One would be enough."

Dolan rasped a hand across his stubbly chin. "One would be enough," he admitted. "If you could find the one."

"It wouldn't have to be a mistake having to do with this particular case, either, would it?"

"Not necessarily. Of course it would be better to trip him up on this case, but if you can get hold of something else Luke has done that can be proved anyways shady it would be four aces and the joker. Luke would have to pull in his horns about this mortgage. And if I know Luke, he'd do it. He's got nerve, but it ain't cold enough nor witless enough to go up against the shore thing."

"If only McFluke would talk. He knows the ins and outs of this business."

Dolan nodded. "Shore as yo're a foot high Dale gave him that black eye."

"And shore as yo're a foot high he downed Dale."

"I guess likely. But circumstantial evidence is amazing queer. You can't ever tell how the jury's gonna take it. But anyway we got McFluke, and he'll do to start in on."

Entered then Kansas Casey with a serious face. "McFluke has sloped," said he without preliminary.

"What!" cried Judge Dolan.

But it was characteristic of Racey Dawson that he did not say "What!"
He asked "How?"

"Because the jail was burned down," said Kansas; "you know we had to put him in yore warehouse, Judge, as the next strongest place, and they dug him out."

"'Dug him out?'" Thus Judge Dolan.

"That's what they did."

"'They!' 'They!' Who's 'they?'" Again Judge Dolan.

"If I knowed who they was," Kansas replied, "I'd dump 'em just too quick. Way I know it's a 'they,' is because the job of diggin' is bigger than a one-man job."

"We'll go look into this," Dolan exclaimed, wrathfully, and reached for his hat.

"He'd never 'a' been pulled out of the calaboose so easy," said
Kansas, as he led Dolan and Racey up the street to the rear of the
Dolan warehouse, "but yore foundation logs ain't sunk more'n six
inches, and diggin' under and in was a cinch."

"But why didn't you handcuff this sport to a roof stanchion inside?" demanded the Judge.

"We did, man, we did. We got a log chain and the biggest pair of handcuffs in our stock and we ironed McFluke by the ankles to a stanchion in the middle of the warehouse. Besides that his hands was handcuffed, and no matter how he stretched he couldn't reach nothing. We seen to that."

"But, my Gawd, hownell did they have time to file through that log chain or them cuffs? A log chain ain't made of wire an' them cuffs is all special steel."

"They didn't file neither the chain nor the cuffs," explained Kansas, wearily. "They unlocked the cuffs."

"Unlocked 'em, huh? Where'd they get the key? Lose one of yores, did yuh?"

"Ours is all safe. They must 'a' had a key. Anyway, there's the handcuffs wide open when I found McFluke gone this mornin'."

Dolan pulled out his watch. "Nine o'clock," said he. "When did you first find Mac was gone, Kansas?"

"When I took his breakfast in less'n five minutes ago."

"Howcome you went to the warehouse so late?"

"Well," said Kansas, somewhat shamefacedly, "we didn't lock him up in the warehouse till one o'clock this morning, and I figured a li'l extra sleep wouldn't do him any harm."

"Or a li'l extra sleep wouldn't do yoreself any harm neither, huh?"

"Maybe I did sleep later than usual," admitted Kansas.

"I guess you did," said Dolan. "I guess you did. And Jake, too. Told anybody else about this?"

"Only Jake."

They had left the street while they talked, and walked down the long side wall of the warehouse. Now they turned the corner and saw, heaped against a foundation log, a pile of freshly dug dirt. Beyond the dirt pile gaped the mouth of a hole leading beneath the log. The hole was quite large enough for an over-size man to crawl through without difficulty.

Judge Dolan got down on his hands and knees and peered into the hole.
Then he eased down into it headfirst and pawed his way through.

"That's what you get for not walking in by the front door in the first place, Kansas," grinned Racey. "Root hog or die, feller, root hog or die."

Swearing under his breath Kansas went to ground like a badger. His broad shoulders did not scrape the sides of the hall. Observing which Racey knew that it must have been an easy matter for McFluke to crawl through, for the saloon-keeper's shoulders, wide as they were, were not as broad as those of Kansas Casey by a good inch and a half.

"That hole is four or five inches wider than necessary," ruminated Racey, preparing to follow the deputy. "I wonder why. Yep, I shore wonder why. Here they are in a harris of a hurry and they take time to make a hole big enough for two men almost. Maybe they robbed the warehouse, too."

He suggested as much to Dolan when he joined the latter within.

"No," said Dolan, sweeping with a glance the stacks of cases and crates that half filled the single floor of the warehouse. "No, I don't think they's anything missing. Who'd steal truck like this here, anyway? It ain't valuable enough. Where's Jake, Kansas?"

"I left him here when I went after you," replied the deputy. "Guess this is him," he added, as the front door opened.

It was the sheriff. He shut the door behind him and advanced toward the little group gathered about the stanchion. "This is a great note, Jake," said Dolan, eyeing the sheriff severely. "Can't you make out to hang onto yore prisoners no more?"

"Hang onto hell!" snapped back the sheriff. "Short of sleeping in here with him, I done all that could be expected. I put Shorty Rumbold on as guard, and Shorty—"

"Where's Shorty?"

"Went to the Starlight for a drink. He'll be along in a minute."

"Maybe he went to sleep," suggested Dolan.

"Not Shorty," denied the sheriff, with a decisive shake of his head.
"I've used Shorty before. He don't go to sleep on duty, Shorty don't.
Here he is now."

Entered then Shorty Rumbold, a tall, lean-bodied man with a twinkling eye and a square chin.

"Shorty," said Dolan, "Jake says he put you on guard here last night."

"Not here," said Shorty, always painfully meticulous as to facts.
"Outside."

"Where outside?"

"Just outside. I sat on the doorstep all night."

"And didn't you go round to the back once even?"

"I didn't think they was any use. They's no door in the back, and the logs are forty inches through, some of 'em. I never thought of 'em gopherin' under this away."

"I guess the sheriff didn't, either," said Dolan, with a glance of strong disapproval at the sheriff. "You didn't hear anything, huh? Yo're shore of that?"

"Shore I am. If I'd heard anything I'd 'a' scouted round to see what made the noise."

"Maybe you went to sleep."

"Not me." The twinkle in Shorty's eyes was replaced by a frosty stare.
"I don't sleep on duty, Judge."

"That's what the sheriff said, Shorty. But, hownell they could dig that tunnel and not make some noise I don't see."

"I don't, either," Shorty Rumbold admitted, frankly. "But I didn't hear a single suspicious sound either inside or outside the jail the whole night."

"Did you hear any noise a-tall?" asked Racey Dawson.

"Only when some drunk gents had a argument out in front of the dance hall. You couldn't help hearin' 'em. They made noise enough to hear 'em a mile."

"How long did the argument last?"

"Oh, maybe a hour—a long time for a plain argument without any shooting."

"Did they call each other any fighting names?" pressed on Racey.

"Plenty."

"And no shooting?"

"Nary a shot."

"Didn't that hit you as kind of odd?"

"It did at the time sort of."

"Recognize any of the voices?"

Shorty Rumbold shook his head. "They was all too hoarse an' loud."

"That's the how of it, Judge," said Racey to Dolan. "That's why Shorty didn't hear any sounds of diggin'. The drunk gents a rowing together for a long time like that without any shooting proves they were doing it on purpose to keep Shorty from hearing anything else."

The sheriff swore. "I heard them fellers, too," he said. "They woke me up with their bellerin' and I had a job gettin' to sleep again. I guess Racey's right."

"I guess he is," assented the Judge. "Now we know how they managed that part of it, where did they get the key to open the cuffs? Kansas says you ain't lost any keys, Jake."

"We got 'em all, every one. I don't believe they used a key. Them handcuff locks was picked."

"Picked?"

"Picked. After Kansas went for you I found these here on the floor." Here he produced from a pocket a bent and twisted piece of baling-wire, and a steel half-moon horse-collar needle.

"That's a Number Six needle," observed the sheriff, who invariably scented clues in the most unpromising objects. "And the point's broke off."

"Number Six is a common size," said Racey. "Most stores carry 'em. And if the point didn't get broke off wigglin' round inside the lock it would be a wonder."

"Still it would take a mighty good man to open them locks with only bale-wire and a harness-needle," said the sheriff, hurriedly. "A expert, you bet."

"It don't matter whether he was a expert or not," said Dolan. "He opened them, and the prisoner has skedaddled. That's the main thing. Jake, how about trailin' him?"

"How? They's tracks, a few of 'em, leadin' from the pile of dirt straight to the hard ground in front of the stage corrals. Beyond there they ain't any tracks. Trail 'em! How you gonna trail 'em?"

"I dunno," replied Dolan, promptly passing the buck. "Yo're the sheriff. She's yore job. You gotta do something. C'mon out."

The five men, Dolan and the sheriff arguing steadily, went out into the street. Racey walked thoughtfully in the rear. He was revolving in his mind what the sheriff had said about an expert. Of course it had been an expert. And experts in lock-picking in the cattle country are few and far between.

Racey decided that it would be a good idea for him to have a little talk on lock-picking with Peaches Austin. Not that he suspected the excellent Peaches of having picked those locks. But Peaches knew who had. Oh, most certainly Peaches knew who had.

                                                                                                                                                                                                                                                                                                           

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