Part 60 (1/2)

Undoubtedly, had not matters taken the decided and critical turn soon to be detailed, Durkee would have been immediately brought to trial, and perhaps executed. As it was, even the most rabid of the Law and Order party agreed it was inexpedient to press matters. The case was postponed again and again, and did not come to trial until several months, by which time the Vigilantes had practically finished their work. The law finally saved its face by charging the jury that ”if they believed the prisoners took the arms with the intention of appropriating them to their own use and permanently depriving the owner of them, then they were guilty. But if they took them only for the purpose of preventing their being used against themselves and their a.s.sociates, then they were not guilty.” Under which hair-splitting and convenient interpretation the ”pirates” went free, and everybody was satisfied!

LXX

After leaving the office where they had made their report to their employers, Rube Maloney and his two friends visited all the saloons.

There they found sympathetic and admiring audiences. They reviled the committee collectively and singly; bragged that they would shoot Coleman, Truett, Durkee, and some others at sight; flourished weapons, and otherwise became so publicly and noisily obstreperous that the committee decided they needed a lesson. Accordingly they instructed Sterling Hopkins, with four others, to rearrest the lot and bring them in. Hopkins was a bulldog, pertinacious, rough, a faithful creature.

News of these orders ran ahead of their performance. Rube and his satellites dropped everything and fled to their masters like threatened dogs. Their masters, who included Terry, Bowie, Major Marmaduke Miles, and a few others, happened to be discussing the situation in the office of Richard Ashe, a Texan, and an active member of ”the chivalry.” The three redoubtables burst in on this gathering, wild-eyed, scared, with, the statement that a thousand stranglers were at their heels.

”Better hide 'em,” suggested Bowie.

But hot-headed Terry, seconded by equally hot-headed Ashe, would have none of this.

”By gad, let them try it!” cried the judge. ”I've been aching for this chance!”

Therefore when Hopkins, having left his small _posse_ at the foot of the stairs, knocked and entered, he was faced by the muzzles of half a dozen pistols, and profanely told to get out of there. He was no fool, so he obeyed. If Terry had possessed the sense of a rooster, or a single quality of leaders.h.i.+p, he would have seen that this was not the moment to precipitate a crisis. The forces of his own party were neither armed nor ready. But here, as in all other important actions of his career, he was governed by the haughty and headstrong pa.s.sions of the moment--as when later he justified himself in attempting to shoot down an old and unarmed man. Hopkins left his men at the foot of the stairs, borrowed a horse from Dr. Beverly Cole, who was pa.s.sing, and galloped to headquarters. There he was instructed to return, to keep watch, that reinforcements would follow. He arrived at the building in which Ashe's office was located, in time to see Maloney, Terry, Ashe, McNabb, Bowie, and Rowe all armed with shotguns, just turning the far corner. He dismounted and called on his men to follow. The little _posse_ dogged the judge's party for some distance. For a time no attention was paid to them, but as they pressed closer Terry, Ashe, and Maloney whirled and presented their shotguns. The movement was probably intended only as a threat; but Hopkins, always bold to the point of rashness, made a sudden rush at Maloney. Judge Terry thrust his gun at the Vigilante officer who seized it by the barrel. At the same instant Ashe pressed the muzzle of his weapon against one Bovee's breast, but hesitated to pull the trigger. It was getting to be unhealthy to shoot men in the open street.

”Are you a friend?” he faltered.

”Yes,” replied Bovee, and by a rapid motion struck the barrel aside.

Another of the Vigilantes named Barry covered Rowe with a pistol.

Rowe's ”chivalry” oozed. He dropped his gun and fled toward the armoury. The others struggled for possession of weapons, but n.o.body fired. Suddenly Terry whipped out a knife and plunged it into Hopkins's neck. Hopkins relaxed his hold on Terry's shotgun and staggered back.

”I am stabbed! Take them, Vigilantes!” he cried.

He sank to the pavement. Terry and his friends dropped everything and ran toward the armoury. Of the Vigilante _posse_ only Bovee and Barry remained, but these two pursued the fleeing Law and Order men to the very portals of the armoury itself. When the door was slammed in their faces, they took up their stand outside, they two holding within several hundred men! At the end of ten minutes a pompous, portly individual came up under full sail, cast a detached and haughty glance at the two quiet men lounging unwarrantedly in his path, and attempted to pa.s.s inside.

”You cannot enter here,” said Bovee grimly, as they barred his way.

The pompous man turned purple.

”Do you know who I am?” he demanded.

”I don't give a d.a.m.n who you are,” replied Bovee, still quietly.

”I am Major-General Volney E. Howard!”

”You cannot enter here,” repeated Bovee, and this time he said it in a tone of voice that sent the major-general scurrying away.

After a short interval another man dashed up very much in a hurry.

Mistaking Bovee and Barry for sentinels, he cried as he ran up:

”I am a lieutenant in Calhoun Bennett's company, and I have been sent here to--”

”I am a member of the Committee of Vigilance,” interrupted Barry, ”and you cannot enter.”