CHAPTER XXX A SUIT AT LAW

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"Don't give in an inch," Bill said, in conclusion to his remarks concerning the validity of the title. "Get over there as quick as you can, and don't let the lawyer weaken."

"It'll take big money to carry on a fight in law."

"We'll try to raise it somehow."

After promising to send him word as to the progress of affairs before night, in case they were detained more than one day, Joe and Fred went down stairs, and at that moment Mrs. Byram opened the door to admit Mr. Wright.

He was particularly pleasant in his greetings, and asked, as he observed that they were on the point of going out:

"Did you finally conclude to come to the office?"

"We were on our way to Blacktown," Joe replied gruffly.

"But we have plenty of time for a chat, since the train does not leave for two hours of more."

"We are going to walk," Fred explained.

"Then you can surely spare me half an hour."

"What for?" Joe asked sharply.

"I wish to see if we can't arrive at some amicable settlement of the suit which I have been forced to bring."

"Wouldn't it been better to have talked first, an' then begun the law business?"

"In regard to that I had no alternative. The company ordered me to proceed exactly as I did."

"I'd like to hear what's goin' on down there," Bill shouted from above, and Fred said:

"It's no more than fair that we should go upstairs. He's got the right to know what Mr. Wright proposes."

"Yes, I prefer to speak with all the partners, though perhaps there is no necessity of sending for Thorpe."

"We haven't got the time to do that," Joe replied. "Come on, an' let's get through with the business as soon as we can, for we're due in Blacktown mighty soon."

The miner led the way to the invalid's chamber, and Bill greeted his former superintendent with the curtest of nods.

"I have come in the hope that we can arrange matters without having recourse to the law," Mr. Wright began. "If, immediately after discovering the vein, you had advised me, I could have told you that our company owns the entire mountain, by purchase from the heirs of the original owner."

"But Mr. Hunter told us the title was perfect," Fred interrupted.

"Lawyers cannot always be depended upon. There is no question as to the truth of what I say, and here is a true copy of our deed."

He handed Bill a legal looking document; but the miner motioned it away.

"I don't want to see it," he said. "Neither of us could understand it in a week's study. The only thing for us to do is listen to what you propose."

"In view of the services you all have rendered in the past, I should be sorry to see you lose the money already paid on this property, and more so to have you involved in an expensive lawsuit. Now I am empowered to make this offer: The company will return the money paid, settle with your attorney, and allow you a reasonable compensation for the labour performed. In addition, it may be that we can give you a few shares in case it is decided to open new works."

As Mr. Wright paused Bill raised his head, and looking fixedly at the visitor, asked:

"If the property is yours beyond a question, what makes you offer to give us anything?"

"Because you have acted in such a friendly manner toward us. I am not one who forgets a friend."

"You came mighty near doin' so when Sam was arrested, an' warrants sworn out for Fred an' me."

"That was a matter in which it was to your interest that the law should take its course. A large majority of the people believed you knew something about the robbery, and the only way to settle it absolutely was to have the case decided in court."

"Then we ought to thank you, I s'pose," and Bill leaned forward, despite the pain caused by the movement. "If we conclude to take the offer we'll let you know to-morrow."

"I am sorry to say that we can agree to no delay. If the terms are accepted at once, well and good; but they will not be held open for a lawyer to interfere."

"Then I'll speak for myself, an' say no," Bill cried, angrily. "The others can act as they please; but if all this is to be done jest on account of your friendship, then where's the harm of waitin' till next week, if we want to?"

"I have only repeated the stipulations made by the company."

"Well, we don't want anything to do with 'em," Joe added. "What Bill says goes with me, an' I reckon Fred'll stick by us."

"I believe as they do, Mr. Wright."

"Then you refuse the generous proposition?"

"We do, but have our own idea as to how generous it is," Bill replied, grimly.

"Do you think it will be possible to fight successfully a company as rich as ours?"

"We'll try it for a while, anyhow, an' won't give in till we're whipped."

"I don't like to make any threats; but feel it my duty to warn you of the consequences, if we press the charge of theft. The evidence is strongly against you, and more particularly so since you returned the money."

"I reckon that about winds up this 'ere interview," and Joe arose to his feet with a menacing air. "Go ahead with the suit; but there's such a thing as collectin' damages, an', rich as your company is, I don't believe they can get out of payin' 'em."

"That is child's talk. If you refuse what is little less than a present, I will go."

"An' it's pretty nigh time." Joe added, as he opened the door. "Don't try to make us any more such presents, or we may not keep our temper."

It could be plainly told that the superintendent had already lost his temper, for he went down stairs rapidly, slamming the street door behind him with a force which literally caused the cottage to tremble.

"He ain't so sure of his case, as he would have us believe," Bill said, when they were alone. "It's jest possible he may try to make things hotter for us by servin' the warrant on Fred, so you'd better not come back from Blacktown, till the widder sends word. Get over as quick as you can, an' don't forget to tell the lawyer about the generous proposition."

The two started without further delay, and the reception met with by those whom they passed on the street told how rapidly the bad news had travelled.

On the day previous every person was very cordial, as if trying to establish his or her position as friend; but now they were greeted even less pleasantly than before the riot, and Joe said, savagely:

"They're a set of curs. I did believe some of the things we heard yesterday; but now soft words won't go down with me, no matter how the property turns out."

"It can't make any difference what is done or said, all I ask is that we get Sam out of his troubles."

"You an' me are about as deep in the mire as he is if the case goes agin us. We'll try not to borrer trouble till there's better reason. Where do you s'pose Skip is keepin' himself all this time?"

"I wish I knew. Nobody can make me believe he went off with Gus."

"He's got a different game than that, an' I'm thinkin' we'll hear from him mighty soon."

"Why?"

"No partic'lar reason, I only jest think so."

Having changed the topic of conversation, which was the sole cause of his mentioning Skip's name, Joe relapsed into a silence which was not broken until the two arrived at the newly-discovered vein.

Here a party of surveyors were running imaginary lines and measuring distances, as they referred from time to time to several formidable looking documents, and Joe said, bitterly:

"Wright is gettin' ready for the fight. If we had plenty of money I wouldn't feel so bad; but unless the lawyer can borrow some for us, we're likely to come out the little end of the horn."

"We shall soon know all about it," and Fred continued the journey at a swift pace.

Mr. Hunter was in his office when the partners arrived, and the expression on his face was not such as to inspire courage.

"I didn't expected you so soon," he said, motioning them to be seated.

"We walked over rather than wait for the cars," Fred replied.

"I was sorry to summon you on such sorry business but Superintendent Wright has begun a fight for the possession of the land, and some of our prospective stockholders are alarmed by the attack."

"Has he really got any hold on the property?"

"He claims that the company's deeds give them title to the entire mountain."

"Then how did it happen that the farmer could sell?"

"It all hinges upon the question of survey. If the lines run twenty years ago are incorrect, as he claims, then the land you bought is located in the valley, and in that event not worth half you paid for it."

"What does the farmer say?" Joe asked.

"I fancy Mr. Wright has bribed him to forget where his property was. Two days ago he had a very clear idea of the location, but this morning he thinks Mr. Wright is correct. In fact, he is almost ready to swear he owned land only in the valley."

"He told me exactly where it was situated, an' we bought with the positive understandin' that he was sellin' a tract on the mountain," Joe said.

"That is one of the questions I wanted to decide. If he made those representations, we may force him to tell the truth rather than stand a suit for obtaining money under false representations."

Fred thought it was time to tell of Mr. Wright's proposition, and when he had finished the story the lawyer said with a look of positive relief:

"I'm glad to hear that. We will force them to show their hands by asking an immediate trial for Thorpe."

"But suppose he should be convicted?" Fred cried. "Skip is not at home, and we need his evidence."

"We must take that risk, rather than allow them time to work up a worse plot."


                                                                                                                                                                                                                                                                                                           

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