A Question of Possession
Along in the 80's there occurred a question of possession in regardto a brand of horses, numbering nearly two hundred head. Courts hadfigured in former matters, but at this time they were not appealed to,owing to the circumstances. This incident occurred on leasedIndian lands unprovided with civil courts,--in a judicial sense,"No-Man's-Land." At this time it seemed that might graced thewoolsack, while on one side Judge Colt cited his authority, only to bereversed by Judge Parker, breech-loader, short-barreled, a full-choketen bore. The clash of opinions between these two eminent westernauthorities was short, determined, and to the point.A man named Gray had settled in one of the northwest counties in Texaswhile it was yet the frontier, and by industry and economy of himselfand family had established a comfortable home. As a ranchman he hadraised the brand of horses in question. The history of this man issomewhat obscured before his coming to Texas. But it was known andadmitted that he was a bankrupt, on account of surety debts which hewas compelled to pay for friends in his former home in Kentucky. Manya good man had made similar mistakes before him. His neighbors spokewell of him in Texas, and he was looked upon as a good citizen ingeneral.Ten years of privation and hardship, in their new home, had been metand overcome, and now he could see a ray of hope for the better. Thelittle prosperity which was beginning to dawn upon himself and familymet with a sudden shock, in the form of an old judgment, which healways contended his attorneys had paid. In some manner this judgmentwas revived, transferred to the jurisdiction of his district, and anexecution issued against his property. Sheriff Ninde of this countywas not as wise as he should have been. When the execution was placedin his hands, he began to look about for property to satisfy thejudgment. The exemption laws allowed only a certain number of gentlehorses, and as any class of range horses had a cash value then, thisbrand of horses was levied on to satisfy the judgment.The range on which these horses were running was at this time an openone, and the sheriff either relied on his reputation as a bad man, orprobably did not know any better. The question of possession did notbother him. Still this stock was as liable to range in one county asanother. There is one thing quite evident: the sheriff had overlookedthe nature of this man Gray, for he was no weakling, inclined to sitdown and cry. It was thought that legal advice caused him to take thestep he did, and it may be admitted, with no degree of shame, thatadvice was often given on lines of justice if not of law, in the LoneStar State. There was a time when the decisions of Judge Lynch in thatState had the hearty approval of good men. Anyhow, Gray got a fewof his friends together, gathered his horses without attractingattention, and within a day's drive crossed into the Indian Territory,where he could defy all the sheriffs in Texas.When this cold fact first dawned on Sheriff Ninde, he could hardlycontrol himself. With this brand of horses five or six days aheadof him he became worried. The effrontery of any man to deny hisauthority--the authority of a duly elected sheriff--was a reflectionon his record. His bondsmen began to inquire into the situation;in case the property could not be recovered, were they liable asbondsmen? Things looked bad for the sheriff.The local papers in supporting his candidacy for this office had oftenspoken of him and his chief deputy as human bloodhounds,--a terrorto evil doers. Their election, they maintained, meant a strictenforcement of the laws, and assured the community that a better erawould dawn in favor of peace and security of life and property. Nindewas resourceful if anything. He would overtake those horses, overpowerthe men if necessary, and bring back to his own bailiwick that brandof horse-stock. At least, that was his plan. Of course Gray mightobject, but that would be a secondary matter. Sheriff Ninde would taketime to do this. Having made one mistake, he would make another toright it.Gray had a brother living in one of the border towns of Kansas, andit was thought he would head for this place. Should he take the horsesinto the State, all the better, as they could invoke the courts ofanother State and get other sheriffs to help.Sixty years of experience with an uncharitable world had made Graydistrustful of his fellow man, though he did not wish to be so.So when he reached his brother in Kansas without molestation, heexercised caution enough to leave the herd of horses in the territory.The courts of this neutral strip were Federal, and located at pointsin adjoining States, but there was no appeal to them in civil cases.United States marshals looked after the violators of law against thegovernment.Sheriff Ninde sent his deputy to do the Sherlock act for him as soonas the horses were located. This the deputy had no trouble in doing,as this sized bunch of horses could not well be hidden, nor was thereany desire on the part of Gray to conceal them.The horses were kept under herd day and night in a near-by pasture.Gray usually herded by day, and two young men, one his son, herdedby night. Things went on this way for a month. In the mean timethe deputy had reported to the sheriff, who came on to personallysupervise the undertaking. Gray was on the lookout, and was aware ofthe deputy's presence. All he could do was to put an extra man on herdat night, arm his men well, and await results.The deputy secretly engaged seven or eight bad men of the long-hairedvariety, such as in the early days usually graced the frontiertowns with their presence. This brand of human cattle were not thedisturbing element on the border line of civilization that writersof that period depicted, nor the authors of the bloodcurdling dramaportrayed. The average busy citizen paid little attention to them,considering them more ornamental than useful. But this was about thestripe that was wanted and could be secured for the work in hand. Agood big bluff was considered sufficient for the end in view. Thiscrowd was mounted, armed to the teeth, and all was ready. Secrecy wasenjoined on every one. Led by the sheriff and his deputy, they rodeout about midnight to the pasture and found the herd and herders."What do you fellows want here?" demanded young Gray, as Ninde and hisposse rode up."We want these horses," answered the sheriff."On what authority?" demanded Gray."This is sufficient authority for you," said the sheriff, flashinga six-shooter in young Gray's face. All the heelers to the play nowjumped their horses forward, holding their six-shooters over theirheads, ratcheting the cylinders of their revolvers by cocking andlowering the hammers, as if nothing but a fight would satisfy theirdemand for gore."If you want these horses that bad," said young Gray, "I reckon youcan get them for the present. But I want to tell you one thing--thereare sixty head of horses here under herd with ours, outside the'96' brand. They belong to men in town. If you take them out of thispasture to-night, they might consider you a horse-thief and deal withyou accordingly. You know you are doing this by force of arms. Youhave no more authority here than any other man, except what men andguns give you. Good-night, sir, I may see you by daylight."Calling off his men, they let little grass grow under their feet asthey rode to town. The young man roused his father and uncle, who inturn went out and asked their friends to come to their assistance.Together with the owners of the sixty head, by daybreak they hadeighteen mounted and armed men.The sheriff paid no attention to the advice of young Gray, but whenday broke he saw that he had more horses than he wanted, as there wasa brand or two there he had no claim on, just or unjust, and they mustbe cut out or trouble would follow. One of the men with Ninde knew ofa corral where this work could be done, and to this corral, which wasat least fifteen miles from the town where the rescue party of Grayhad departed at daybreak, they started. The pursuing posse soon tookthe trail of the horses from where they left the pasture, and as theyheaded back toward Texas, it was feared it might take a long, hardride to overtake them. The gait was now increased to the gallop, notfast, probably covering ten miles an hour, which was considered bettertime than the herd could make under any circumstances.After an hour's hard riding, it was evident, from the trail left, thatthey were not far ahead. The fact that they were carrying off withthem horses that were the private property of men in the rescue partydid not tend to fortify the sheriff in the good opinion of any of therescuers. It was now noticed that the herd had left the trail in thedirection of a place where there had formerly been a ranch house, thecorrals of which were in good repair, as they were frequently used forbranding purposes. On coming in sight of these corrals, Gray'sparty noticed that some kind of work was being carried on, so theyapproached it cautiously. The word came back that it was the horses.Gray said to his party, "Keep a short distance behind me. I'll openthe ball, if there is any." To the others of his party, it seemed thatthe supreme moment in the old man's life had come. Over his determinedfeatures there spread a smile of the deepest satisfaction, as thoughsome great object in life was about to be accomplished. Yet in thatdetermined look it was evident that he would rather be shot down likea dog than yield to what he felt was tyranny and the denial of hisrights. When his party came within a quarter of a mile of the corrals,it was noticed that Ninde and his deputies ceased their work, mountedtheir horses, and rode out into the open, the sheriff in the lead, andhalted to await the meeting.Gray rode up to within a hundred feet of Ninde's posse, anddismounting handed the reins of his bridle to his son. He advancedwith a steady, even stride, a double-barreled shotgun held as thoughhe expected to flush a partridge. At this critical juncture, his partyfollowing him up, it seemed that reputations as bad men were due toget action, or suffer a discount at the hands of heretofore peaceablemen. Every man in either party had his arms where they would beinstantly available should the occasion demand it. When Gray camewithin easy hailing distance, his challenge was clear and audible toevery one. "What in hell are you doing with my horses?""I've got to have these horses, sir," answered Ninde."Do you realize what it will take to get them?" asked Gray, as hebrought his gun, both barrels at full cock, to his shoulder. "Bat aneye, or crook your little finger if you dare, and I'll send your soulglimmering into eternity, if my own goes to hell for it." There wassomething in the old man's voice that conveyed the impression thatthese were not idle words. To heed them was the better way, if humanlife had any value."Well, Mr. Gray," said the sheriff, "put down your gun and take yourhorses. This has been a bad piece of business for us--take your horsesand go, sir. My bondsmen can pay that judgment, if they have to."Gray's son rode around during the conversation, opened the gate, andturned out the horses. One or two men helped him, and the herd wassoon on its way to the pasture.As the men of his party turned to follow Gray, who had remounted, hepresented a pitiful sight. His still determined features, relaxed fromthe high tension to which he had been nerved, were blanched to thecolor of his hair and beard. It was like a drowning man--with thestrength of two--when rescued and brought safely to land, faintingthrough sheer weakness. A reprieve from death itself or the blood ofhis fellow man upon his hands had been met and passed. It was somelittle time before he spoke, then he said: "I reckon it was best, theway things turned out, for I would hate to kill any man, but I wouldgladly die rather than suffer an injustice or quietly submit to what Ifelt was a wrong against me."It was some moments before the party became communicative, as theyall had a respect for the old man's feelings. Ninde was on the uneasyseat, for he would not return to the State, though his posse returnedsomewhat crestfallen. It may be added that the sheriff's bondsmen,upon an examination into the facts in the case, concluded to standa suit on the developments of some facts which their examination haduncovered in the original proceedings, and the matter was dropped,rather than fight it through in open court.
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