Chapter XV. Tolleston Butts In

by Andy Adams

　　Morning dawned on a scene of pastoral grandeur. The valley of theNorth Platte was dotted with cattle from hill and plain. Theriver, well confined within its low banks, divided an unsurveyeddomain of green-swarded meadows like a boundary line between vastpastures. The exodus of cattle from Texas to the new Northwestwas nearing flood-tide, and from every swell and knoll thesolitary figure of the herdsman greeted the rising sun.Sponsilier and I had agreed to rejoin our own outfits at thefirst opportunity. We might have exchanged places the eveningbefore, but I had a horse and some ammunition at Dave's camp andwas just contentious enough not to give up a single animal frommy own mount. On the other hand, Mr. Dave Sponsilier would havetraded whole remudas with me; but my love for a good horse wasstrong, and Fort Buford was many a weary mile distant. Hencethere was no surprise shown as Sponsilier rode up to his ownwagon that morning in time for breakfast. We were good friendswhen personal advantages did not conflict, and where ouremployer's interests were at stake we stood shoulder to shoulderlike comrades. Yet Dave gave me a big jolly about being daffyover my horses, well knowing that there is an indescribablenearness between one of our craft and his own mount. But wardingoff his raillery, just the same and in due time, I cantered awayon my own horse.As I rode up the North Fork towards my outfit, the attached herdwas in plain view across the river. Arriving at my own wagon, Isaw a mute appeal in every face for permission to go to town, andconsent was readily granted to all who had not been excused on asimilar errand the day before. The cook and horse-wrangler wereincluded, and the activities of the outfit in saddling andgetting away were suggestive of a prairie fire or a stampede. Iaccompanied them across the river, and then turned upstream to mybrother's camp, promising to join them later and make a full dayof it. At Bob's wagon they had stretched a fly, and in its shadelounged half a dozen men, while an air of languid indolencepervaded the camp. Without dismounting, I announced myself as onthe way to town, and invited any one who wished to accompany me.Lovell and Reed both declined; half of Bob's men had been excusedand started an hour before, but my brother assured me that if Iwould wait until the deposed foreman returned, the latter'scompany could be counted on. I waited, and in the course of halfan hour the trail boss came back from his cattle. During theinterim, the two old cowmen reviewed Grant's siege of Vicksburg,both having been participants, but on opposite sides. While theguest was shifting his saddle to a loaned horse, I inquired ifthere was anything that I could attend to for any one atOgalalla. Lovell could think of nothing; but as we mounted tostart, Reed aroused himself, and coming over, rested the stub ofhis armless sleeve on my horse's neck, saying:"You boys might drop into the sheriff's office as you go in andalso again as you are starting back. Report the cattle as havingspent a quiet night and ask Phillips if he has any word for me."Turning to the trail boss he continued: "Young man, I wouldsuggest that you hunt up your employer and have him stir thingsup. The cattle will be well taken care of, but we're just asanxious to turn them back to you as you are to receive them. Tellthe seller that it would be well worth his while to see Lovelland myself before going any farther. We can put him in possessionof a few facts that may save him time and trouble. I reckonthat's about all. Oh, yes, I'll be at this wagon all evening."My brother rode a short distance with us and introduced thestranger as Hugh Morris. He proved a sociable fellow, had madethree trips up the trail as foreman, his first two herds havinggone to the Cherokee Strip under contract. By the time we reachedOgalalla, as strong a fraternal level existed between us asthough we had known each other for years. Halting for a moment atthe sheriff's office, we delivered our messages, after which weleft our horses at the same corral with the understanding that wewould ride back together. A few drinks were indulged in beforeparting, then each went to attend to his own errands, but we metfrequently during the day. Once my boys were provided with funds,they fell to gambling so eagerly that they required no furtherthought on my part until evening. Several times during the day Icaught glimpses of Tolleston, always on horseback, and oncesurrounded by quite a cavalcade of horsemen. Morris and I tookdinner at the hotel where the trio of government jobbers werestopping. They were in evidence, and amongst the jolliest of theguests, commanding and receiving the best that the hostelryafforded. Sutton was likewise present, but quiet andunpretentious, and I thought there was a false, affected note inthe hilarity of the ringsters, and for effect. I was known to twoof the trio, but managed to overhear any conversation which wasadrift. After dinner and over fragrant cigars, they reared theirfeet high on an outer gallery, and the inference could be easilydrawn that a contract, unless it involved millions, was beneaththeir notice.Morris informed me that his employer's suspicions were aroused,and that he had that morning demanded a settlement in full or theimmediate release of the herd. They had laughed the matter off asa mere incident that would right itself at the proper time, andflashed as references a list of congressmen, senators, andbankers galore. But Morris's employer had stood firm in hiscontentions, refusing to be overawed by flattery or emptypromises. What would be the result remained to be seen, and theforeman and myself wandered aimlessly around town during theafternoon, meeting other trail bosses, nearly all of whom hadheard more or less about the existing trouble. That we had thesympathy of the cattle interests on our side goes without saying,and one of them, known as "the kidgloved foreman," a man in theemploy of Shanghai Pierce, invoked the powers above to witnesswhat would happen if he were in Lovell's boots. This was my firstmeeting with the picturesque trail boss, though I had heard ofhim often and found him a trifle boastful but not a bad fellow.He distinguished himself from others of his station on the trailby always wearing white shirts, kid gloves, riding-boots, inlaidspurs, while a heavy silver chain was wound several times round acostly sombrero in lieu of a hatband. We spent an hour or moretogether, drinking sparingly, and at parting he begged that Iwould assure my employer that he sympathized with him and was athis command.The afternoon was waning when I hunted up my outfit and startedthem for camp. With one or two exceptions, the boys were brokeand perfectly willing to go. Morris and I joined them at thelivery where they had left their horses, and together we startedout of town. Ordering them to ride on to camp, and saying that Iexpected to return by way of Bob Quirk's wagon, Morris and myselfstopped at the court-house. Sheriff Phillips was in his officeand recognized us both at a glance. "Well, she's working," saidhe, "and I'll probably have some word for you late this evening.Yes, one of the local attorneys for your friends came in and wefigured everything up. He thought that if this office would throwoff a certain per cent. of its expense, and Reed would knock offthe interest, his clients would consent to a settlement. I toldhim to go right back and tell his people that as long as theythought that way, it would only cost them one hundred and fortydollars every twenty-four hours. The lawyer was back withintwenty minutes, bringing a draft, covering every item, and urgedme to have it accepted by wire. The bank was closed, but I foundthe cashier in a poker-game and played his hand while he wentover to the depot and sent the message. The operator has ordersto send a duplicate of the answer to this office, and the momentI get it, if favorable, I'll send a deputy with the news over tothe North Fork. Tell Reed that I think the check's all right thistime, but we'll stand pat until we know for a certainty. We'llget an answer by morning sure.''The message was hailed with delight at Bob Quirk's wagon. Onnearing the river, Morris rode by way of the herd to ask thedeputies in charge to turn the cattle up the river towards hiscamp. Several of the foreman's men were waiting at my brother'swagon, and on Morris's return he ordered his outfit to meet thebeeves the next morning and be in readiness to receive them back.Our foremen were lying around temporary headquarters, and as wewere starting for our respective camps for the night, Lovellsuggested that we hold our outfits all ready to move out with theherds on an hour's notice. Accordingly the next morning, Irefused every one leave of absence, and gave special orders tothe cook and horse-wrangler to have things in hand to start on anemergency order. Jim Flood had agreed to wait for me, and wewould recross the river together and hear the report from thesheriff's office. Forrest and Sponsilier rode up about the sametime we arrived at his wagon, and all four of us set out forheadquarters across the North Fork. The sun was several hourshigh when we reached the wagon, and learned that an officer hadarrived during the night with a favorable answer, that the cattlehad been turned over to Morris without a count, and that thedeputies had started for town at daybreak."Well, boys," said Lovell, as we came in after picketing ourhorses, "Reed, here, wins out, but we're just as much at sea asever. I've looked the situation over from a dozen differentviewpoints, and the only thing to do is graze across country andtender our cattle at Fort Buford. It's my nature to look on thebright side of things, and yet I'm old enough to know thatjustice, in a world so full of injustice, is a rarity. Byallowing the earnest-money paid at Dodge to apply, some kind of acompromise might be effected, whereby I could get rid of two ofthese herds, with three hundred saddle horses thrown back on myhands at the Yellowstone River. I might dispose of the third herdhere and give the remuda away, but at a total loss of at leastthirty thousand dollars on the Buford cattle. But then there's mybond to The Western Supply Company, and if this herd of Morris'sfails to respond on the day of delivery, I know who will have tomake good. An Indian uprising, or the enforcement of quarantineagainst Texas fever, or any one of a dozen things might tie upthe herd, and September the 15th come and go and no beef offeredon the contract. I've seen outfits start out and never getthrough with the chuck-wagon, even. Sutton's advice is good;we'll tender the cattle. There is a chance that we'll get turneddown, but if we do, I have enough indemnity money in mypossession to temper the wind if the day of delivery should provea chilly one to us. I think you had all better start in themorning."The old man's review of the situation was a rational one, inwhich Jim Reed and the rest of us concurred. Several of theforemen, among them myself, were anxious to start at once, butLovell urged that we kill a beef before starting and divide it upamong the six outfits. He also proposed to Flood that they gointo town during the afternoon and freely announce our departurein the morning, hoping to force any issue that might besmouldering in the enemy's camp. The outlook for an earlydeparture was hailed with delight by the older foremen, and weyounger and more impulsive ones yielded. The cook had orders toget up something extra for dinner, and we played cards andotherwise lounged around until the midday meal was announced asready. A horse had been gotten up for Lovell to ride and was onpicket, all the relieved men from the attached herd were at Bob'swagon for dinner, and jokes and jollity graced the occasion. Butnear the middle of the noon repast, some one sighted a mountedman coming at a furious pace for the camp, and shortly thehorseman dashed up and inquired for Lovell. We all arose, whenthe messenger dismounted and handed my employer a letter. Tearingopen the missive, the old man read it and turned ashy pale. Themessage was from Mike Sutton, stating that a fourth member of thering had arrived during the forenoon, accompanied by a UnitedStates marshal from the federal court at Omaha; that the officerwas armed with an order of injunctive relief; that he haddeputized thirty men whom Tolleston had gathered, and proposedtaking possession of the two herds in question that afternoon."Like hell they will," said Don Lovell, as he started for hishorse. His action was followed by every man present, includingthe one-armed guest, and within a few minutes thirty men swunginto saddles, subject to orders. The camps of the two herds atissue were about four and five miles down and across the river,and no doubt Tolleston knew of their location, as they were onlya little more than an hour's ride from Ogalalla. There was notime to be lost, and as we hastily gathered around the old man,he said: "Ride for your outfits, boys, and bring along every manyou can spare. We'll meet north of the river about midway betweenQuince's and Tom's camps. Bring all the cartridges you have, anddon't spare your horses going or coming."Priest's wagon was almost on a line with mine, though south ofthe river. Fortunately I was mounted on one of the best horses inmy string, and having the farthest to go, shook the kinks out ofhim as old Paul and myself tore down the mesa. After passing TheRebel's camp, I held my course as long as the footing was solid,but on encountering the first sand, crossed the river nearlyopposite the appointed rendezvous. The North Platte was fordableat any point, flowing but a midsummer stage of water, withnumerous wagon crossings, its shallow channel being about onehundred yards wide. I reined in my horse for the first time nearthe middle of the stream, as the water reached my saddle-skirts;when I came out on the other side, Priest and his boys were not amile behind me. As I turned down the river, casting a backwardglance, squads of horsemen were galloping in from severalquarters and joining a larger one which was throwing up clouds ofdust like a column of cavalry. In making a cut-off to reach mycamp, I crossed a sand dune from which I sighted the marshal'sposse less than two miles distant. My boys were gambling amongthemselves, not a horse under saddle, and did not notice myapproach until I dashed up. Three lads were on herd, but therest, including the wrangler, ran for their mounts on picket,while Parent and myself ransacked the wagon for ammunition.Fortunately the supply of the latter was abundant, and whilesaddles were being cinched on horses, the cook and I divided theammunition and distributed it among the men. The few minutes'rest refreshed my horse, but as we dashed away, the boys yellinglike Comanches, the five-mile ride had bested him and he fellslightly behind. As we turned into the open valley, it was aquestion if we or the marshal would reach the stream first; hehad followed an old wood road and would strike the river nearlyopposite Forrest's camp. The horses were excited and strainingevery nerve, and as we neared our crowd the posse halted on thesouth side and I noticed a conveyance among them in which wereseated four men. There was a moment's consultation held, when theposse entered the water and began fording the stream, the vehicleand its occupants remaining on the other side. We had halted in acircle about fifty yards back from the river-bank, and as thefirst two men came out of the water, Don Lovell rode forwardseveral lengths of his horse, and with his hand motioned to themto halt. The leaders stopped within easy speaking distance, theremainder of the posse halting in groups at their rear, whenLovell demanded the meaning of this demonstration.An inquiry and answer followed identifying the speakers. "Inpursuance of an order from the federal court of thisjurisdiction," continued the marshal, "I am vested with authorityto take into my custody two herds, numbering nearly seventhousand beeves, now in your possession, and recently sold toField, Radcliff & Co. for government purposes. I propose toexecute my orders peaceably, and any interference on your partwill put you and your men in contempt of government authority. Ifresistance is offered, I can, if necessary, have a company ofUnited States cavalry here from Fort Logan within forty-eighthours to enforce the mandates of the federal court. Now my adviceto you would be to turn these cattle over without furthercontroversy.""And my advice to you," replied Lovell, "is to go back to yourfederal court and tell that judge that as a citizen of theseUnited States, and one who has borne arms in her defense, Iobject to having snap judgment rendered against me. If thehonorable court which you have the pleasure to represent iswilling to dispossess me of my property in favor of a ring ofgovernment thieves, and on only hearing one side of the question,then consider me in contempt. I'll gladly go back to Omaha withyou, but you can't so much as look at a hoof in my possession.Now call your troops, or take me with you for treating with scornthe orders of your court."Meanwhile every man on our side had an eye on Archie Tolleston,who had gradually edged forward until his horse stood beside thatof the marshal. Before the latter could frame a reply to Lovell'sultimatum, Tolleston said to the federal officer:"Didn't my employers tell you that the old --- -- - ---- woulddefy you without a demonstration of soldiers at your back? Now,the laugh's on you, and--""No, it's on you," interrupted a voice at my back, accompanied bya pistol report. My horse jumped forward, followed by a fusilladeof shots behind me, when the hireling deputies turned and plungedinto the river. Tolleston had wheeled his horse, joining theretreat, and as I brought my six-shooter into action and was inthe act of leveling on him, he reeled from the saddle, but clungto the neck of his mount as the animal dashed into the water. Iheld my fire in the hope that he would right in the saddle andafford me a shot, but he struck a swift current, released hishold, and sunk out of sight. Above the din and excitement of themoment, I heard a voice which I recognized as Reed's, shouting,"Cut loose on that team, boys! blaze away at those harnesshorses!" Evidently the team had been burnt by random firing, forthey were rearing and plunging, and as I fired my first shot atthem, the occupants sprang out of the vehicle and the team ranaway. A lull occurred in the shooting, to eject shells and refillcylinders, which Lovell took advantage of by ordering back anumber of impulsive lads, who were determined to follow up thefleeing deputies."Come back here, you rascals, and stop this shooting!" shoutedthe old man. "Stop it, now, or you'll land me in a federal prisonfor life! Those horsemen may be deceived. When federal courts canbe deluded with sugar-coated blandishments, ordinary men ought tobe excusable."Six-shooters were returned to their holsters. Several horses andtwo men on our side had received slight flesh wounds, as therehad been a random return fire. The deputies halted well out ofpistol range, covering the retreat of the occupants of thecarriage as best they could, but leaving three dead horses inplain view. As we dropped back towards Forrest's wagon, the teamin the mean time having been caught, those on foot were picked upand given seats in the conveyance. Meanwhile a remuda of horsesand two chuck-wagons were sighted back on the old wood road, buta horseman met and halted them and they turned back for Ogalalla.On reaching our nearest camp, the posse south of the river hadstarted on their return, leaving behind one of their number inthe muddy waters of the North Platte.Late that evening, as we were preparing to leave for ourrespective camps, Lovell said to the assembled foremen: "Quincewill take Reed and me into Ogalalla about midnight. If Suttonadvises it, all three of us will go down to Omaha and try andsquare things. I can't escape a severe fine, but what do I careas long as I have their money to pay it with? The killing of thatfool boy worries me more than a dozen fines. It was uncalled for,too, but he would butt in, and you fellows were all itching forthe chance to finger a trigger. Now the understanding is that youall start in the morning."