Read Ebook: The Pennsylvania Journal of Prison Discipline and Philanthropy (Vol. VIII No. II April 1853) by Pennsylvania Prison Society

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Ebook has 198 lines and 13124 words, and 4 pages

For an instant the young man stood, looking after him. Then he turned and saw the young woman, standing near her pony, regarding him with grave eyes.

"Thank you," she said. He caught a flashing smile and then she was in the saddle, loping her pony down the street toward the station. For a moment the young man looked after her and then with a smile he returned to his suit cases and was off down the street toward the courthouse, which he saw in the distance.

THE RULE OF CATTLE

The courthouse was a low, one-story redbrick building, sitting well back from the street. It was evidently newly built, for an accumulation of d?bris, left by the workmen, still littered the ground in the vicinity. A board walk led from the street to the wide, arched entrance. From the steps one could look down the street at the station and the other buildings squatting in the sunlight, dingy with the dust of many dry days. Except for the cowponies and the buckboard and the prairie schooner there was a total absence of life or movement, offering a striking contrast to the bustling cities to which the young man had been accustomed.

He walked rapidly down the board walk, entered the courthouse, and paused before a door upon which appeared the legend: "United States District Court. J. Blackstone Graney." The young man set his suit cases down, mopped his forehead with his handkerchief, making a wry face at the dust that appeared on the linen after his use of it, and then knocked lightly, but firmly, on the door. A voice inside immediately admonished him to "come in." The young man smiled with satisfaction, turned the knob and opened the door, standing on the threshold. A man seated at one of the windows of the room was gazing steadily out at the vast, dry, sun-scorched country. He turned at the young man's entrance and got slowly to his feet, apparently waiting for the visitor to speak. He was a short man, not heavily, but stockily built, giving a clear impression of stolidity. Yet there was a certain gleam in his eyes that gave the lie to this impression, a gleam that warned of an active, analytical mind. Judicial dignity lurked all over him.

The young man bowed respectfully. "Are you Judge Graney?" he questioned.

The judge nodded and the young man smiled slightly. "I am Kent Hollis," he said.

The judge had been approaching a big table that stood in the center of the room and at the young man's words he took a second glance at him, but did not hesitate in his walk toward the table. However, he smiled when he reached it, sinking into a chair and motioning the young man to another.

"I have been expecting you," he said after he had become seated. "Take a chair." He waited until the young man had drawn a chair opposite him and then he leaned over the table and stretched out his hand in greeting. "I'm glad to see you," he continued cordially. He held the young man's hand for an instant, peering steadily into the latter's unwavering eyes, apparently making a mental estimate of him. Then he dropped the hand and sat back, a half smile on his face. "You look like your father," he said.

The young man's face clouded. "Poor dad," he said slowly.

For a moment there was a silence; the judge studied the young man's face. Something that he saw in it must have pleased him, for he smiled, becoming serious instantly.

"I am sorry you could not get here in time," he said. "We buried your father yesterday."

"I couldn't make it," returned the young man regretfully. "I should have liked to see him before he died. Where did you bury him?"

"We took him out to his ranch--the Circle Bar," returned the judge, "where he said he wanted to be buried when he died. You'll find that the Circle Bar boys have done their best for him--which was little enough. Poor fellow, he deserved something better." He looked keenly at the young man.

Lines of pain came into the latter's face; he bowed his head, nodding at the Judge's words.

"Sit down," said the judge, waving a hand to the young man's chair. "No thanks are due me. I did only what any friend would do for another. I have arranged for you to go out to the Circle Bar," he informed Hollis as the latter hesitated over resuming his chair. "Neil Norton, your range boss, is to be here at six o'clock with the buckboard." He consulted his watch. "He ought to be here in half an hour--if he is on time. Meantime there are some things I would like to say to you."

Hollis smiled. "Fire away," he directed.

The judge leaned his elbows on the table and narrowed his eyes at Hollis. "Don't think my questions impertinent," he said gravely, "for I assure you that nothing is further from my mind than a desire to pry into your affairs. But I take it you will need some advice--which, of course, you may disregard if you wish. I suppose you don't make a secret of your age?"

"No," was the instant reply, given with a grin, "I am twenty-six."

The judge smiled dryly. "We have great ambitions at twenty-six," he said. "I remember that at twenty-six I was rather determined on making the Supreme bench. You can see for yourself how far I missed it. I do not say that we never realize our ambitions," he added quickly as he saw a flash light up the young man's eyes; "I merely wish to show that in my case they were rather extravagant." He grimaced, continuing with a smile: "You are a college man, of course--I can see that."

Hollis nodded. The judge continued, with an admiring glance at the young man's muscular frame and broad shoulders.

"Went in for athletics--football, and such?" he said. "Well," he added, catching the young man's nod, "it didn't hurt you a particle--it doesn't hurt anybody. Rather prepares a man for hard knocks--which he is sure to get sooner or later. If you have decided to live in this country you must expect hard knocks. And I presume you are going to live here?"

The judge's eyelashes flickered, but his face remained grave. "I am afraid that you will have to remain here. That is"--he added dryly--"if you expect to realize anything from the property."

"I expect there can't be much property," observed Hollis.

The judge smiled. "A thousand acres of good grass land, some buildings, and"--here the judge's eyes gleamed and he drawled his words--"a newspaper."

Hollis's smile revealed just a trace of derision. "You don't happen to know how father happened to think that a newspaper would pay--in this place?" he asked.

The judge looked at him meditatively, a gleam of quiet amusement in his eyes. "I don't remember to have said that the paper made any money for your father," he returned slowly; "nor do I remember hearing your father say that he expected it to make any money. As I understand the situation, your father founded the paper on principle. He expected to use it as a weapon."

"Please go on," urged Hollis. "That strikes me as a rather Quixotic proceeding."

"It was, rather," admitted the judge; "that is, it would seem Quixotic as viewed by an Eastern newspaper man. But out here people are apt to ignore money and methods in considering results. After you have been here a while you will be able to see the force and truth of that statement. Your father was after results and he seized upon the idea of founding a newspaper as a means by which to obtain them. And I feel certain that had he lived he would have succeeded."

"I plead ignorance," said Hollis, watching the judge closely. "What particular result did my father desire?"

Judge Graney's eyes gleamed with earnestness. He leaned forward, speaking slowly and distinctly.

"I am going to illustrate my point by giving you a brief history of your father's experiences out here--as I had it from him. He came out here about fifteen years ago and took up a quarter-section of land over on Rabbit-Ear Creek, the present site of the Circle Bar ranch. For quite a few years he was a nester--as the small owner is called in this country, but he was unmolested for the reason that there were few large owners in the vicinity and each man was willing that his neighbor should succeed. Your father prospered and after a few years began to buy land. He finally acquired a thousand acres; he told me that at one time he had about five thousand head of cattle. Of course, these cattle could not live on your father's thousand acres, but the ranges are free and the thousand acres answered very well as a headquarters.

"Eight years ago some men in Santa Fe organized what is known as the Union County Cattlemen's Association. This company secured a section of land adjoining your father's property, on the other side of Rabbit-Ear Creek. The company called its ranch the Circle Cross. Perhaps it strikes you as peculiar that the Association should have chosen a brand so closely resembling your father's. I will digress long enough to explain the action."

The judge drew out a pencil and picked up a piece of paper that lay near him on the desk, making some crude hieroglyphics and poising his pencil above them.

"Here," he explained, indicating a sketch which he had drawn, "is the Circle Bar brand--a bar within a circle. And this--" indicating another sketch, "--is the Circle Cross--a cross within a circle. It is of course, perfectly obvious that all the Circle Cross company had to do when it desired to appropriate one of the Circle Bar cattle was to add a vertical bar to the Circle Bar brand and the brand became the Circle Cross. From a mechanical standpoint it was a very trifling operation, the manipulator of the brands having merely to apply the hot iron through a piece of wet blanket--that gives a new brand the appearance of age.

"To get back to the main subject. The new company called its ranch the Circle Cross and it erected new buildings within a few miles of the Circle Bar buildings. Not long after the advent of the new company it tried to buy the Circle Bar, but your father refused to sell. Bill Dunlavey, the Circle Cross manager, attempted to negotiate the purchase of the Circle Bar and when he was met with refusal hard words passed between him and your father. Not long after that your father began to miss cattle--rustlers began a systematic attack upon his herds. Your father recognized this thievery as the work of the Cattlemen's Association and he fought back.

"A number of times he changed his brands but each time the company checkmated him. To illustrate: Your father changed his brand to appear thus:" The judge drew again on the paper. "That is the 'Wine-Glass' brand. You can see that it resembles a wine glass when held up vertically, though of course as it appeared on the Circle Bar cattle it lay on its side. But this move was futile, for among the Circle Cross cattle now appeared many branded with the sign of the 'Hour-Glass,' thus:" The judge drew again. "This was achieved by merely adding a semi-circle to the wine-glass, closing over the bowl."

"As I have said your father altered his brand a good many times. But the Circle Bar cattle continued to disappear. Years of warfare followed. The Cattlemen's Association lost no opportunity to harass your father or, for that matter, all the other small owners in the vicinity. Desperate, dissolute men were imported from Texas and Arizona, men who took delight in the shedding of human blood. These men roamed the ranges, stealing the Circle Bar cattle and killing Circle Bar cowboys. Your father had trouble in keeping men; in order to surround himself with enough men to protect his cattle and resist the aggressions of Dunlavey's hired assassins he was forced to pay ruinous wages.

"Even then he could not prevent rustling. Dunlavey bribed his men; his herds dwindled; he saw that he was facing ruin if he did not devise some means to successfully cope with his enemies. He went over to Santa Fe to see the governor--a piffling carpet-bagger. He was told that the government was powerless; that the same condition existed all over the country, and that the government was unable to combat it. The Law had not come.

"Your father returned home, discouraged but not beaten. He approached the several other small owners in the vicinity, asking for co-operation and assistance. Fearful of Dunlavey's wrath, the small owners refused to organize. But your father decided to carry on the fight alone. He recognized the fact that nothing but the Law could defeat the association's aims, and he determined to force the Law into the Territory. With this end in view he established his newspaper. He succeeded in arousing public interest with the result that a court was established here."

The judge smiled dryly, continuing: "Yes, the Law is here. Or what is more to the point, a representative of the Law is here. 'I am the Law,'" he quoted, ironically. "But my hands are tied; this court is a mere travesty upon justice. The government at Washington has seen fit to send me here--alone. I can't go out and get evidence; I couldn't secure a conviction if I did. The people here who are not Dunlavey's friends were afraid of him. I can't get a jury. Dunlavey elects the sheriff--controls the election machinery. I am powerless--a mere figurehead. This is the situation in a nutshell. I could go into detail, but I imagine it is plain enough as it is."

Hollis's face had become gravely serious; his lips were straightened with an expression that hinted at the conflict that was going on in his mind.

"Isn't there an army post near?" he questioned.

"Over at Fort Union--a hundred miles or so southwest. I have pleaded for a detail, but have been informed that it can't be had; that the soldiers are needed to keep the Indians in order. Independent cattlemen are supposed to fight it out alone. At least that is the inference, if we are to consider the attitude of the government."

Hollis was gravely silent. The judge leaned back in his chair, watching him with a queer expression. He realized that he had said enough to discourage the average young man from remaining in the country a moment longer than was absolutely necessary. He would not have been surprised had Hollis told him that he did not intend to remain. But from what he had seen of the young man he felt sure that his decision, when it did come, would be final. More than once since Hollis had been in the office had the judge observed the serene, steady gleam in his eyes, and he had catalogued him with the rare class of men whose mental balance is so perfect that nothing disturbs it. The judge had met a few such men in the West and he knew the type. As he sat looking at the young man he decided that Providence had made a mistake in allowing him to waste his time in the East. The West teemed with opportunities for men of his kind.

He was not surprised at Hollis's next question; it showed that he was considering the situation from many angles before committing himself.

"What is the condition of Circle Bar ranch at present?" he asked.

"The title to the land is intact and cannot be assailed. But Norton informs me that there are not above two hundred head of cattle on the range, and that the buildings are run down. Not a very cheerful prospect?"

He had told the truth about the land and the cattle, but he had purposely exaggerated concerning the condition of the buildings, being grimly determined to place the situation in its most unfavorable light that he might be the better able to test the young man's mettle. He smiled as Hollis thoughtfully stroked his chin.

"Well, now," admitted the latter, flashing a queer smile at the judge, "I quite agree with you that the prospect isn't cheering. But so long as the condition is such as it is there is no need to grumble. I didn't come out here expecting to fall into a bed of roses."

"Then you won't be disappointed," returned the judge dryly. He filled and lighted a pipe, smoking meditatively, his eyes on the younger man with a curious expression. He had determined to push the test a little farther.

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