CHAPTER XXIII

The desperate seriousness of their situation was only too evident. Both men recognized this, yet had no opportunity then to reflect over its possibilities, or plan for relief. Without exchanging a word, except as related to their present labor, the two at once began ministering to the relief of Hayes, confident that Brown, stationed without, would guard vigorously against any surprise attack. The two wounds upon the sheriff's head were extremely ugly in appearance, being both deep and jagged, and having bled profusely. However, when carefully washed and probed, neither proved particularly severe or dangerous. In less than an hour, conscious yet exceedingly weak and becoming somewhat feverish, the injured man, dazed in mind but fairly comfortable in body, had been safely stowed away in a bunk, with every prospect of an early recovery.

Not until all this had been accomplished did his anxious nurses venture to look thoughtfully into each others' faces and take direct cognizance of their own perilous position. Hicks stepped outside into the sunlight, wiping the perspiration from off his face, and a moment later Winston joined him, the two standing in grave silence, gazing off toward the apparently deserted "Independence." The strain of the past night and day had plainly marked them both, yet it was not exposure and toil alone that gave such anxiety to their faces. Finally Hicks turned from his long scrutiny and glanced back toward the younger man, stroking his goat's beard solemnly.

"Looks ter me like we'd managed ter drop into a mighty bad hole, an' was up agin the real thing," he began gloomily, yet hastening to add in explanation, "not as I have any notion o' cavin', you onderstand, only I ain't overly pleased with the situation, an' thet 's a fact. I never yit objected in particular ter no fair fight, not o' any kind, free fer all, or stan' up, but I ain't used ter buckin' agin the law nohow, an' someway thet seems ter be 'bout what we 're up agin this trip. Beats hell the way things turned out, don't it?"

Winston nodded without opening his lips. He was thinking more earnestly about Miss Norvell's unpleasant position than of their own, yet compelled himself to attention.

"Now, this yere Farnham is a gambler an' a thief; he 's all round crooked, an' we 've got a cinch on him fer the penitentiary. But we ain't got the right holt," the old miner continued, squinting his eyes as if thus endeavoring to get the thought firmly lodged in his brain. "He 's ben made a deputy sheriff. He kin turn that crowd o' toughs over thar into a posse, an' come over here with the whole law o' the State backin' them in any deviltry they decide on, even ter killin' off the lot o' us for resistin' officers. Es Sam Hayes said, if we shoot, we 'll be a-shootin' up Gulpin County. An' yet, by thunder, we 've plumb got ter do it, er git off the earth. I jest don't see no other way. Biff, he won't care a damn how he gits us, so he gits us afore we have any chance ter turn the tables on him, an' shift the law over ter our side. Hayes can't help any, fer he 's out o' his head. Consequent, it's up ter us. Thet warrant business, an' deputy sheriff racket, was a blame smart trick, all right. It would 'a' corralled us good an' proper if thet fool Swede had n't run amuck. Not that he left us in no bed o' roses, but, at least, we got a fightin' chance now, an' afore we did n't have even that. I was inclined ter let yer surrender to the sheriff, fer Sam Hayes is a squar' man, but not ter Farnham an' his gang—not much, Mary Ann! Thet would mean lynchin', an' I know it. So, I reckon we jest got to plug it out, an' trust ter luck. Thet 's my view-point, but ye 're a more higher edycated man ner me, Mr. Winston, an' maybe you kin see some other way out."

The old man sat down on an outcropping stone, pulled out his pipe and lit it, puffing thick rings of smoke into the air with manifest enjoyment. Winston did not answer until the other again turned his eyes upon him questioningly.

"I was busy thinking," explained the engineer, "but must confess the situation looks about as bad to me as it does to you. The silver lining of this cloud is not apparent. Of course, we 've got the right of it, but in some way Fate has managed to leave us set square against the law. We 're outlaws without having done a thing to warrant it. There is n't but one possible way out, and that is for us to get on the right side again. Now, how can it be done? Some one of us will have to go down to San Juan, before those fellows get over here in force, swear out warrants against Farnham and his partners, and have this whole affair probed to the bottom. We 've got them, if we can only get the ear of the District Attorney, and shift this fight into the courts. The trouble is, Farnham was smart enough to get there ahead of us, and he 'll win out if we don't move quick and block him. I can't go myself, for I 'm a prisoner, and must remain with the sheriff, or will be considered a fugitive. The only question is, Can any one hope to get through?"

Hicks permitted his gaze to stray out across the dim valley below, then up toward the ragged summit of the overhanging crest of rocks. Through the smoke of his pipe he deliberately surveyed Stutter Brown, perched motionless at the edge of his watchtower, a Winchester silhouetted black against the stone.

"Not down thet way, anyhow," he announced, finally, pointing with his pipe-stem. "I reckon a mosquiter could n't git through along thet trail ternight. Ever hear tell o' Daggett Station?"

Winston rubbed his chin, endeavoring to recall the name.

"I 'm not sure. Is it the water-tank and section-house, next stop below Bolton Junction, on the main line?"

"You 've called the tarn. Wal, it's over thar," pointing apparently into the heart of the mountain, "straight south, twenty miles as ther crow flies from the foot o' this rise, across as barren a sand waste as ever broke a man's heart—nary drop o' water from start ter finish, an' hot—oh, hell!" He paused, thinking. "But I hardly reckon them people would ever think 'bout guardin' thet way out, an' a good rider could make it easy afore daylight, an' catch the train East."

"How do you get down?"

"Through a long, twistin' ravine; it's a mean place fer travellin', an' you have ter lead the hoss till yer strike the sand."

"Ever cross there yourself?"

"Wal, no," stroking his beard; "but Stutter come back thet way onct, from a hunt or something. He never said nothin' when he struck in, but yer could 'a' scraped alkali off him with a hoe, an' he drunk a whole bucket o' water without takin' breath. So I reckon it wa'n't no pleasure jaunt."

"Then it's got to be Stutter," decided Winston, rising to his feet, "for we must get word to San Juan. I 'm going inside to see how Hayes is feeling."

"I reckon thet's the ticket," agreed Hicks, gloomily, "but I 'm blamed if I like losin' him. He 's a fightin' man, thet Stutter, after he onct gits his blood stirred up, an' I 'm sorter expectin' a lively time yere when it gits dark. It 'll be Farnham's last chance ter put us out o' the way, an' he 's likely ter take it. I 'll bet Stutter won't go, leastwise without the gal; he 's natural bull-headed, besides bein' in love. Thet makes an ornery combination."

Within the cabin, the door closed behind him, the single small window shedding a dim light across the apartment, Winston turned, his hand still upon the latch, and confronted Beth Norvell and Mercedes. Their presence there was so unexpected that the young man paused in sudden embarrassment, ready words failing him. The two were seated close together on rude stools beneath the window, where they had evidently been in intimate conversation. The former, her gaze lowered upon the floor, did not glance up; but Mercedes flashed her black eyes into his face, recognizing his confusion, and hastening to relieve it. Warm-hearted, impulsive, already beginning to experience the value of true love, the young Mexican was eager to bring these two into a better understanding. Her quick smile of welcome swept away for an instant all memory of the other's apparent indifference.

"Ah, eet vas good you come, señor. See, ve shut up here like prisoners; ve see nottings, ve hear nottings, ve know nottings. Now ve make you tell us eet all, de whole story. Miladi here, she tink eet all ver' bad; she cry, de tear yet in her eye, an' I know not vat to tell to make her feel bettah. She 'fraid for ever'ting, but most I tink, she 'fraid for you, señor."

Miss Norvell hastily laid her hand upon the girl's sleeve in remonstrance, her face showing grave in the dim light.

"No, no, Mercedes; you must not say too much, or Mr. Winston will think us both very foolish."

"Eet vas not foolish for us to vant to know, vas eet, señor?"

"Assuredly not." He walked across the narrow room, glanced into the face of the sleeping sheriff, came back beside them, and leaned against the wall. The movement served to yield him confidence and self-control, to decide him as to his future course. "What is it you are so desirous of knowing?"

"Vy, de whole ting, señor, de whole ting."

He gazed directly into the partially upturned face of the other, as though urging her also to speak.

"We do not in the least comprehend the situation here, Mr. Winston," she responded, her voice low and steady. "No one has taken the trouble to explain. We realize, of course, it must be serious, but possibly the strain would prove less if we understood clearly what must be met."

The engineer bowed, drawing toward him an empty cracker-box, and sat down facing them both.

"I will relate the circumstances to you in all their unpleasantness," he began quietly. "Perhaps your woman wit may discover some loophole which has escaped us." Clearly, yet rapidly, he reviewed the salient points of the controversy between Farnham and the "Little Yankee," his own brief connection with it, the discoveries made in the lower levels of the "Independence," his desperate struggle with Burke, the swearing out and serving of warrants, the sudden change in situation which had placed them legally in the wrong, the accident to the sheriff, the curt dismissal of his deputy, and the probable consequences. His voice grew deep as he proceeded, marking the intense interest with which they followed his recital. Then he unfolded briefly the plan adopted for relief. It was the impulsive Mexican who broke the silence that followed his conclusion.

"Si, I see dat!" she exclaimed, leaning eagerly forward, her head between her hands. "Eet vas ver' good vay. But you tink dar be fight soon? You tink so? Beell, he tink so? Den you no like dat de Señor Brown be avay? No, no, you no like be lef' alone ven de fight come? He big, strong, brav'; he bettah as ten men, hey? Eet vas so, I tell you. I go vis de message, si; Señor Brown he stay here. Vould not dat be de bettah?"

Winston shifted uneasily upon his cracker-box, his gaze wandering from the animated face confronting him to that of the other farther back amid the shadows, still grave and full of doubt.

"You?" he exclaimed in surprise. "Surely you do not suppose we would ever permit you to attempt such a thing."

"No? An' vy not, señor?" springing impulsively to her feet, her eyes opening wide. "Maybe you tink I not know how ride? Maybe you tink I vas 'fraid of de dark? or dat I lose my vay? You tink me leetle girl," and she snapped her fingers indignantly. "Do dat? Of course I do dat!Sapristi! Eet vas easy. Just ride twenty mile. Bah! I do dat lots o' times. My pony he take me in tree, four hour sure. He nice pony, an' he lofe Mercedes."

"But you do not know the way, girl, and the ride must be made at night."

"De vay—poof! You speak ver' foolish. De vay?—you tink I cannot find de vay! Vy, I Mexicana, señor; I know de vay of de desert; I read de sign here, dar, everyvere, like miladi does de book. I know how; si, si. Señor Brown he show me how get down de side of de mountain, den I know de res'. Twenty mile south to de rail; I read de stars, I feel de wind, I give de pony de quirt, and it vas done—bueno!"

Winston sat silently watching her, impressed by the earnestness of her broken English, the eloquent energy of her gesticulations.

"Vas dat not de bettah vay, señor? I no good here; I just girl in de vay, an' ven de fight come maybe I be 'fraid. But Señor Brown he not git 'fraid; he fight hard, more as ten men. So I help too; I just ride de pony, but I help. I go San Juan; I see de Distric' Attorney." She clapped her hands, laughing at the thought. "Si, I know de Distric' Attorney ver' veil. He tink Mercedes ver' nice girl; he tink I dance bettah as any he ever saw; he say so to me. He do vat Mercedes vant, vat she say vas de right ting—sure he do. Vas dat not de bettah, señor?"

"Possibly," yet secretly questioning her motives, "but—but really, you know, I always supposed you to be a friend of Farnham's!"

The girl instantly flushed crimson to the roots of her black hair, bringing her hands together sharply, her eyes straying from Winston to the suddenly uplifted face of Miss Norvell.

"No, no," she said, at last, her voice softer. "He vas not to me anyting! She know how it vas; maybe she tell you sometime. Not now, but sometime. I jus' vant do right. I vant serve Señor Brown, not dat Farnham no more. No, no! once, maybe, I tink dat man ver' nice; I tink him good friend; he say much promise Mercedes. Now I tink dat no more—I know he lie all de time; I see tings as dey vas right, an' I try be good girl. You sabe all dat, señor?"

"I understand some of it at least," and he smiled back into her pleading eyes, "enough to trust you. If Hicks and Brown consent, your going will be all right with me."

"Bueno!" and she dropped him a deep Spanish courtesy, executing a quick dancing step toward the door. "Den eet vill be so. I no 'fraid. I go see dem both.Adios."

The door opened, and she flashed forth into the fading sunlight; it closed behind her, and left the two alone among the shadows.

Winston sat gazing at the delicate contour of her face, partially turned away from him, the long, silken lashes shading eyes lowered upon the floor. A single gleam of the westering sun rested in golden beauty across her dark hair, stirred by the slight breeze blowing through the open window. In the silence he could hear his heart beat, and distinguish the faint sound of her breathing. She was the first to speak, yet without moving her head.

"Is it true that you are now under arrest?" she questioned, her voice scarcely audible.

"Technically yes, although, as you may perceive, the sheriff is powerless to prevent an escape if I desired to attempt one."

"Is it because of that—that charge he made?"

He arose to his feet in brave attempt at self-control.

"Oh, no, certainly not! I think that was merely a threat, a cowardly threat, utterly without provocation, without purpose, unless he sought in that way to work you a serious injury. The real charge against me is murder. It appears that the man I fought with in the mine later died from his injuries."

She turned both face and body toward him, her eyes filled with agony.

"The man died? Will it be possible for you to prove yourself innocent?"

"It may be possible, but it does not appear easy. I hope to show that all I did was in self-defence. I did not strike the man a deadly blow; in the struggle he fell and was injured on the sharp rocks. In every sense his death was unintentional, yet there is nothing to sustain me but my own testimony. But I shall not flee from the issue. If I have taken human life I will abide the judgment. God knows I never dreamed of killing the man; never once supposed him seriously injured. You, at least, believe this?"

"I believe all you tell me."

The man's grasp on the casing of the window tightened, his eyes upon the mass of black hair.

"Strangely enough," he continued, "this whole affair has gone wrong from the start; nothing has turned out in the natural way. Criminals have been made into officers of the law, and honest men changed into outlaws. Now it seems impossible to conjecture how the adventure will terminate."

She sat looking up at him, scarcely seeing his face, her hands clasped in her lap.

"'All the world 's a stage, and all the men and women merely players,'" she said, quoting the familiar words as if in a dream. "We are such puppets in the great play! How strange it all is! How dangerously close real life is, always skirting the precipice of tragedy! Plans fail, lines tangle, and lives are changed forever by events seemingly insignificant. To-morrow is always mystery. I wonder, is it not a dim consciousness of this that renders the stage so attractive to the multitude? Even its burlesques, its lurid melodramas, are never utterly beyond the possible. Everywhere are found stranger stories than any romancer can invent; and yet we sometimes term our lives commonplace." She leaned back against the wall, a sob coming into her voice. "What—what is going to be the end of this—for me?"

"Whatever you will," he exclaimed passionately, forgetful of all but her power over him. "It is you who must choose."

"Yes, it is I who must choose," her face still uplifted. "Because I am not a leaf to float on the air, my destiny decided by a breath of wind, I must choose; yet how can I know I decide rightly? When heart and conscience stand opposed, any decision means sacrifice and pain. I meant those hasty words wrung out of me in shame, and spoken yonder; I meant them then, and yet they haunt me like so many sheeted ghosts. 'Tis not their untruth, but the thought will not down that the real cause of their utterance was not the wrong done me. It had other birth."

"In what?"

She did not in the least hesitate to answer, her eyes clear and honest upon his own.

"In my love for you," she answered, quietly, her cheeks reddening to the frank avowal.

He grasped her hands, drawing her, unresisting, toward him.

"You confess this to me?"

"Yes, to you; but to you only because I trust you, because I know you as an honorable man," she said, speaking with an earnest simplicity irresistible. "I am not ashamed of the truth, not afraid to acknowledge it frankly. If there be wrong in this; that wrong has already been accomplished; the mere uttering of it cannot harm either of us. We know the fact without words. I love you; with all my heart I love you. I can say this to you here in the silence, yet I could not speak it openly before the world. Why? Because such love is wrong? Under God I do not know; only, the world would misunderstand, would question my motives, would misjudge my faith. By the code I am not the mistress of my heart; it has been legally surrendered. But you will not misjudge, or question. If I could not trust, I could not love you; I do both. Now and here, I put my hands in yours, I place my life, my conscience, in your keeping. For good or evil, for heaven or hell, I yield to you my faith. Tell me what I am utterly unable to decide for myself alone: What is my duty, the duty of a woman situated as I am?"

He held her hands still, crushing them within his own, yet the color, the hope which had brightened his face, faded. A moment the two sat silent, their eyes meeting, searching the depths.

"Beth," he asked at last, "is this right?"

"Is what right?"

"That you should cast such a burden upon me. I told you I could not be your conscience. All my desire, all my hope tends in one direction. That which to you appears wrong, to me seems the only right course. My heart responded eagerly to every word of renunciation spoken out there in your indignation. They were just and true. They gave me courage to believe the battle was over; that in soul and heart you were at last free."

She lowered her eyes in confusion to the floor, her bosom rising and falling to quick breathing.

"And now you discover me hesitating, undecided," she whispered, her lips trembling. "I know I am; there are moments when I hold myself unworthy of love. Yet believe me, I am honest, sincere, unselfish in all my thought regarding you. Perhaps the trouble is that I know myself, my nature, far too well; I dare not trust it to bring you happiness, unless I can come to you with unsullied conscience."

"Is it thought of divorce which yet remains so repugnant?"

She glanced up into his questioning face, her own cheeks flushing.

"I shrink from it in actual pain," she confessed, in instant frankness. "My whole nature revolts. Believe me, I am not blind, not insensible; I recognize the truth—all you would tell me—of the inalienable rights of womanhood. Neglect, distrust, brutality, open insult have all been my portion. The thousands all over the world accept these as worthy reasons for breaking their marriage vows. But can I? Can I who have ever condemned those others for doing so? Can I, who have ever held that sacrament to be sacred and enduring? And I realize that the temptation has not come because of the wrongs done to me. He has been all this before, many, many times, yet I have remained true and loyal, not questioning my duty. It is the birth of a new love—God alone knows if I should say a guilty love—which has thus changed me, which has brought to my mind dreams of release. I pray you, try to understand me! How could happiness ever prove my portion, or yours through me, while such questionings continued to haunt my soul like ghosts?"

He released her clinging hands, turning away from her, his eyes staring unseeing out of the window. A moment she continued looking at him, her dry eyes anxiously pleading. Then she buried her face within her hands and waited, her whole body trembling. Twice Winston sought to speak, before sufficient courage came to him to allow of his turning back, and looking down upon her bowed figure.

"Beth," he said at last, his struggle revealed in his voice, "I should not be worthy that love you have given me so unreservedly, did I stoop now to its abuse. I could never forgive myself were I to urge you to do that which your conscience so clearly condemns. To me there is a marriage far more sacred and enduring than any witnessed by man, or solemnized by formal service—the secret union of hearts. We are one in this, and nothing can ever come between us. Then let all else wait; let it wait until God shall open a way along which we may walk in honor. Mutual sacrifice can never make us any less dear to each other. This condition may serve to separate us for a while, yet I believe the path will open, and that you will learn to perceive your duty from a broader view-point—one that will permit you to find happiness in true love, unhaunted by any memory of the false."

She arose slowly to her feet, the tears clinging to her lashes, both hands outstretched.

"Oh, I thank you! I thank you!" she exclaimed with deep fervor. "Those words prove you all I ever believed you to be. They give me hope, courage, patience to remain true to myself, true to my lifelong ideals of womanhood. I am certain you trust me, comprehend my motives, and will think no less of me because of my unwillingness to forfeit a conception of right. He is absolutely nothing to me—nothing. He never could be. There are times when I feel that his death even could not fitly atone for the evil he has wrought me. Never again will his influence touch my life to change its purpose. It is not he that keeps us apart; it is a solemn, sacred pledge made by a trusting girl in God's presence—a pledge I cannot forget, cannot break without forfeiting my self-respect, my honor."

He drew her gently to him, his eyes no longer filled with passion, yet containing a depth of love that left her helpless to resist his will.

"Beth, dear," he whispered, his lips almost pressing her cheek, "I will not think of him, but only of you. If you love me I am content. The mere knowledge itself is happiness. Tell me once again that this is true."

"It is true, forever true; I love you."

"May I have for this one time the pledge of your lips?"

A single instant she seemed to hesitate, her cheeks flushing hotly, her dark eyes lowered before his. But she lifted her face, and their lips met and clung, as though parting must be forever. Amid the closely gathering shadows he led her back to the vacated stool, and stood beside her, gently stroking the soft dark hair of the bowed head.

"You have plans?" he questioned quietly. "You have decided how you are to live while we await each other?"

"Yes," half timidly, as though fearful he might oppose her decision. "I believe I had better return to my work upon the stage." She glanced up at him anxiously. "You do not care, do you? It seems to me I am best fitted for that; I have ambition to succeed, and—and it affords me something worthy to think about."

"I recall you said once it would be a poor love which should interfere with the ideals of another."

"Yes, I remember. How long ago that seems, and what a change has since come over my conceptions of the power of love! I believe it still, yet in so different a way. Now I would surrender gladly all ambition, all dream of worldly success, merely to fee alone with the man I love, and bring him happiness. That—that is all I want; it is everything."

"And some day it shall be yours," he declared stoutly. "Some day when you comprehend that divorce is not always the evil that some delight to proclaim it; some day when you realize that it must be a far greater sin to wreck irretrievably your own life for a brute than to break those man-made bonds which bind you to him. It cannot be long until you learn this, for all nature condemns so unholy an alliance. Until then let it be the stage; only I ask you to strive for the very best it offers. Have confidence in yourself, little girl, in your ability, your power, your spark of genius touched by suffering. Every hour you pass now in hideous, misshapen melodrama is worse than wasted. You have that within you well worthy of better setting, nobler environment, and you wrong yourself to remain content with less. You are mine now wherever you go, whatever triumphs you win; mine in spite of the law, because I possess your heart. I should doubt myself far sooner than ever question your loyalty. I can lend you to the stage for a while—until I come for you in that glad hour when your lips shall bid me—but in the meantime I want you to be true to yourself, to the spirit of art within you. I want you to accomplish the highest purposes of your dreams; to interpret that in life which is worthy of interpretation."

"You believe I can?"

"I know you can. Never from that first night, when I stood in the wings and watched, have I ever questioned the possibilities of your future. You have art, emotion, depth of true feeling, application, a clear understanding of character—all that ever made any actress great. I love you, Beth; yet mine is a love too unselfish not to tell you this truth and stand aside rather than block your future."

She lifted her eyes to him, now cleared of their tears, and shining with eagerness.

"I will do all you say," she said earnestly, "do it because I love you. It shall not be for the people, the applause, the glitter and display, but alone for you. Whenever a triumph comes to me, I shall meet it whispering your name in my heart, knowing that you rejoice because I am proving worthy of your faith. It will be as if we worked together; the memory must help to make us both strong."

He bent lower, drew her closer to him, and held her thus in silence.

"Yes," he spoke at last, as though in thought, "I shall try to remember and be patient, so long as you feel it must be so."

They were sitting there still, the barest glimmer of twilight brightening the window above, their hands clasped, when Mercedes came back, overflowing with light-heartedness.

"Si, si, sure I did eet," she announced happily, dancing forward into the centre of the darkened room, and seemingly blind to the two before her. "Eet ees I that am to ride.Bueno! eet vill be mooch fun! Señor Brown he not like let me go; he tink I do all eet for him. Oh, de conceit of de men, ven I care not for anyting but de fun, de good time! But I talk him long vile, an' Beell he talk, an' maybe he saysifor to git us rid of. Tink you not eet vas so, señor?"

The dreaded night settled down dark but clear, a myriad of stars gloriously bright in the vast vault overhead, the clinging shadows black and gloomy along the tree-fringed ridge. Nature, hushed into repose, appeared alone in possession, the solemn silence of peaceful night enveloping the vast canyon and its overhanging mountains. Amid the gathering gloom all animate life seemed to have sought rest, to have found covert. The last glimpse which the watchful guardians of the "Little Yankee" gained of the surroundings of the "Independence" revealed nothing to awaken immediate alarm. A few men idly came and went about the shaft-house and ore-dump, but otherwise the entire claim appeared deserted. No hostile demonstration of any kind had been attempted since Farnham's retreat, and now no sign of contemplated attack was to be perceived. The large number of men visible earlier in the day had mysteriously disappeared; not even the searching field-glasses served to reveal their whereabouts. In the gathering darkness no lights bore witness to the slightest activity; everywhere it remained black and silent.

To those wearied men on guard this secrecy seemed ominous of approaching evil. They comprehended too clearly the vengeful nature of their enemy to be lulled thus into any false security. Such skulking could be accepted only as a symptom of treachery, of some deep-laid plan for surprise. But what? Would Farnham, in his desperation, his anxiety to cover up all evidences of crime, resort to strategy, or to force? Would he utilize the law, behind which he was now firmly entrenched, or would he rely entirely upon the numbers he controlled to achieve a surer, quicker victory? That he possessed men in plenty to work his will the defenders of the "Little Yankee" knew from observation. These were of the kind to whom fighting was a trade. They must be there yet, hiding somewhere in the chaparral, for none had retreated down the trail. Backed by the mandates of law, convinced that they had nothing to fear legally, that they were merely executing the decrees of court, they would hardly be likely to hesitate at the committal of any atrocity under such a leader. But where would they strike, and how? What could be the purpose of their delay? the object of their secrecy? That there must be both purpose and object could not be doubted; yet nothing remained but to watt for their revelation.

An obscuring mist hung over the canyon, stretching from wall to wall. Beneath the revealing starlight it was like looking down upon a restless, silent expanse of gray sea. A stray breath of air came sucking up the gorge, causing the many spectral trees outlined against the lighter sky to wave their branches, the leaves rustling as though swept by rain. There was a faint moaning among the distant rocks as if hidden caverns were filled with elves at play. It was weird, lonely, desolate,—straining eyes beholding everywhere the same scene of deserted wilderness.

Old Hicks lay flat under protection of the ore-dump, his ear pressed close to the earth, his contracted eyes searching anxiously those dark hollows in front, a Winchester, cocked and ready, within the grasp of his hand. Above, Irish Mike, sniffing the air as though he could smell danger like a pointer dog, hung far out across the parapet of rock, every eager nerve tingling in the hope of coming battle. Winston remained in the cabin door, behind him the open room black and silent, his loaded Winchester between his feet, gamely struggling to overcome a vague foreboding of impending trouble, yet alert and ready to bear his part. It was then that Stutter Brown led the saddled pony forward from out the concealment of bushes. The long awaited moment had come for action. To his whispered word, Mercedes fluttered promptly forth through the shadowed doorway, and pressed her face lovingly against the pony's quickly uplifted nose.

"See," she whispered, patting Brown's brawny arm even while she continued toying playfully with the silken mane, "he know me, he lofe me. He bettah as any man, for he nevah tell lie,—nevah,—only be nice all de time. He ride me till he drop dead, swift, quick, like de bird fly. So I make eet all right, señor. You see ven de daylight come I be San Juan. Den I make mooch fun for de Señor Farnham—sure I do."

"I-I reckon you 'll m-make it all right, l-l-little girl," answered the man regretfully, his voice hushed to a low growl, "b-but jest the same I a-ain't so darn g-g-glad ter l-let yer go. H-hanged ef I would, either, if I d-did n't th-think the toughest part o' it wus g-goin' ter be right yere."

She glanced almost shyly up into his shadowed face, her black eyes like stars.

"Si—dat vas eet. I vas de coward; I just runs avay so 'fraid of de fight. I no like de fight von leetle bit. But I know you, señor; you vant to stay here, an' have de fun. You Americano an' like dat ver' mooch. I feel of de big arm, so, an' I know eet ees bettah dat you be here. I mooch like please you, señor."

He clasped her hand where it rested small and white against his sleeve, hiding it completely within his own great fist; when he spoke she could mark the tremble in the deep voice.

"Y-you 're a m-mighty fine girl," he managed to say, simply, "but we g-got ter go now. I-I reckon yer b-b-better walk fer a ways, as the p-pony will step lighter."

"I not care, señor," softly. "Eet be nice to valk; I nevah 'fraid vid you."

Brown led the way forward cautiously across the open space, one strong hand firm on the pony's bit, the other barely touching her dress as though it were something sacred. She endeavored to discern his face in the faint starlight, but the low-drawn hat brim shaded it into black lines, revealing nothing. The light, easy words she sought to speak, hoping thus to keep him from more serious talk, would not come to her lips. There was so much of silence and mystery on every side, so much of doubt in this venture, that, in spite of her gay manner, every nerve tingled with excitement. Glancing up at him she bit her lips in embarrassment. It was Stutter who finally found voice, his mind drifting back to what she had lately said in carelessness.

"Y-yer said that the p-p-pony never l-lied like a man," he began doubtfully. "Yer d-did n't mean that f-fer me, did yer?"

There was something so deeply pathetic about the tone in which he asked this as to hurt her, and the slender fingers still clasping his sleeve suddenly closed more tightly.

"Señor, you mus' not say dat; you mus' not tink dat. No, no! I speak that only in fun, señor—nevah I believe dat, nevah. You good man, more good as Mercedes; she not vort' von leetle bit de lofe you say to her, but she feel mooch shame to have you tink dat she mean you ven she speak such ting in fun."

He halted suddenly, all remembrance of their surroundings, their possible peril, as instantly erased from his mind. He merely saw that girl face upturned to his in the starlight, so fair and pleading, he merely heard that soft voice urging her unworthiness, her sorrow. A great, broad-shouldered giant he towered above her, yet his voice trembled like that of a frightened child.

"An' d-don't yer say that n-no more," he stuttered in awkwardness. "Somehow it hurts. L-Lord! yer don't h-have ter be s-s-so blame good ter be u-up ter my level. Th-they don't b-breed no a-angels back in ol' M-Missouri, whar I come from. It's m-mostly mules thar, an' I r-reckon we all g-git a bit mulish an' ornery. B-but I 'spect I 'm d-decent 'nough ter know the r-right sort o' girl when I s-stack up agin her. So I don't w-want ter hear no m-more 'bout yer not b-bein' good. Ye 're sure g-good 'nough fer me, an' th-that 's all thar is to it. Now, yer w-won't say that no more, w-will yer?"

"No, señor," she answered simply, "I no say dat no more."

He remained standing before her, shifting uneasily from one foot to the other, a great hulk in the gloom.

"Mercedes," he managed to say finally, "Ye're a-g-goin' ter ride away, an' m-maybe thar'll be o-one hell o' a fracas up yere afore the rest o' us g-g-git out o' this scrape. I d-don't reckon as it'll b-be me as will git h-hurt, but somehow I 'd f-feel a heap better if you 'd j-jest say them words what I a-asked yer to afore yer g-go, little g-girl; I would that."

She put her hands to her face, and then hid it against the pony's neck, her slight form trembling violently beneath the touch of his fingers. The strange actions of the girl, her continued silence, half frightened him.

"Maybe yer a-ain't ready yit?" he questioned, his manner full of apology.

"Oh, señor, I cannot say dat—sure I cannot," she sobbed, her face yet hidden. "Maybe I say so some time ven I know eet bettah how eet ought to be; si, maybe so. But not now; I not tink it be jus' right to say now. I not angry—no, no! I ver' glad you tink so of Mercedes—it make me mooch joy. I not cry for dat, señor; I cry for odder tings. Maybe you know some time, an' be ver' sorry vid me. But I not cry any more. See, I stan' up straight, an' look you in de face dis vay." She drew her hand swiftly across her eyes. "Dar, de tear all gone; now I be brav', now I not be 'fraid. You not ask me dat now—not now; to-morrow, nex' veek, maybe I know better how to say de trut' vat vas in my heart—maybe I know den; now eet all jumble up. I tink I know, but de vord not come like I vant eet."

He turned silently away from her, leading the pony forward, his head bent low, his shoulders stooped. There was a dejection apparent about the action which her eyes could not mistake. She touched him pleadingly.

"You no ver' angry Mercedes, señor?"

Brown half turned about, and rested one great hand upon her soft hair in mute caress.

"N-no, little girl, it a-ain't that," he admitted slowly. "Only I 'm b-blamed if I jest e-exactly grasp yer s-style. I reckon I 'll kn-know what yer mean s-sometime."

Could he have seen clearly he might have marked the swift, hot tears dimming her eyes, but he never dreamed of their presence, for her lips were laughing.

"Maybe so, señor, maybe. I glad you not angry, for I no like dat. Eet vas nice I fool you so; dat vas vat make de men lofe, ven dey not know everyting. Ven day know dem maybe eet all be over vid. So maybe I show you sometime, maybe not—quien sabe?"

If her lightly spoken words hurt, he realized the utter futility of striving then to penetrate their deeper meaning. They advanced slowly, moving in more closely against the great ridge of rocks where the denser shadows clung, the man's natural caution becoming apparent as his mind returned to a consideration of the dangerous mission upon which they were embarked. To-morrow would leave him free from all this, but now he must conduct her in safety to that mist-shrouded plain below.

They had moved forward for perhaps a dozen yards, the obedient pony stepping as silently as themselves, Mercedes a foot or two to the rear, when Brown suddenly halted, staring fixedly at something slightly at one side of their path. There, like a huge baleful eye glaring angrily at him, appeared a dull red glow. An instant he doubted, wondered, his mind confused. Tiny sparks sputtered out into the darkness, and the miner understood. He had blindly stumbled upon a lighted fuse, a train of destruction leading to some deed of hell. With an oath he leaped recklessly forward, stamping the creeping flame out beneath his feet, crushing it lifeless between his heavy boots and the rock.

There was an angry shout, the swift rush of feet, the red flare of a rifle cleaving the night with burst of flame. In the sudden, unearthly glare Brown caught dim sight of faces, of numerous dark figures leaping toward him, but he merely crouched low. The girl! he must protect the girl! That was all he knew, all he considered, excepting a passionate hatred engendered by one of those faces he had just seen. They were upon him in mass, striking, tearing like so many wild beasts in the first fierceness of attack. His revolver jammed in its holster, but he struck out with clenched fists, battering at the black figures, his teeth ground together, his every instinct bidding him fight hard till he died. Once they pounded him to his knees, but he struggled up, shaking loose their gripping hands, and hurling them back like so many children. He was crazed by then with raging battle-fury, his hot blood lusting, every great muscle strained to the uttermost. He realized nothing, saw nothing, but those dim figures facing him; insensible to the blood trickling down the front of his shirt, unconscious of wound, he flung himself forward a perfect madman, jerking a rifle from the helpless fingers of an opponent, and smiting to right and left, the deadly-iron bar whirling through the air. He struck once, twice; he saw bodies whirl sidewise and fall to the ground. Then suddenly he seemed alone, panting fiercely, the smashed rifle-stock uplifted for a blow.

"It's the big fellow," roared a voice at his left. "Why don't you fools shoot?"

He sprang backward, crouching lower, his one endeavor to draw their fire, so as to protect her lying hidden among the rock shadows. He felt nothing except contempt for those fellows, but he could not let them hurt her. He stood up full in the starlight, shading his eyes in an attempt to see. Somebody cried, "There he is, damn him!" A slender figure swept flying across the open space like some dim night vision. A red flame leaped forth from the blackness. The two stood silhouetted against the glare, reeled backward as it faded, and went down together in the dark.

Running blindly through the darkness toward the sound of struggle came Hicks and Winston. They caught no more than faint glimpses of scattering, fleeing figures, but promptly opened fire, scarcely comprehending as yet what it all meant. Hicks, dashing recklessly forward, tripped over a recumbent figure in the darkness, and the two paused irresolutely, perceiving no more of the enemy. Then it was that Stutter Brown struggled slowly up upon his knees, still closely clasping the slender figure of the stricken girl within his arms. She neither moved nor moaned, but beneath the revealing starlight her eyes were widely opened, gazing up into his face, appearing marvellously brilliant against the unusual pallor of her cheeks. Her breath came short and sharp as if in pain, yet the lips smiled up at him.

"Oh, God!" he sobbed, "it was you!"

"Si, señor," the words faltering forth, almost as if in mockery of his own hesitating speech. "Once I said maybe I show you. I not know how den—now I know."

"Sh-show me, little girl—in God's n-name, show me wh-what?"

"Eef eet vas true dat I lofe you, señor. Now you tink eet vas so; now you all'ays know vat vas in de heart of Mercedes. Dis bettah vay as talk, señor—nevah you doubt no more."

He could only continue to look at her, the intense agony within his eyes beyond all expression of speech, his words caught helpless in the swelling throat. She lifted one hand in weak caress, gently touching his cheek with her white fingers.

"Oh, please don't, señor. Eet hurt me mooch to see you feel dat bad. Sure eet does. Eet vas not de balls vat hurt—no, no! I know dey not reach to you eef dey hit me de first. Eet joys me to do dat—sure eet does."

"Little g-girl, little g-girl," he faltered, helplessly, his great hands trembling as he touched her. "It w-was you I t-tried ter save. I-I ran th-th-this way so th-they wouldn't sh-shoot toward yer."

She smiled happily up at him, softly stroking his hair, even while the lines of her face twitched from pain.

"Sure I know, señor. You von brav', good man—maybe now you all'ays tink I brav', good also. Dat be 'nough for Mercedes. Oh, dis be de bettar vay—de great God knows; sure He knows. Now, señor, I be yours all'ays, forever. I so happy to be lofed by good man. I just look in your face, señor, and tink, He lofe me, he ask me marry him. Maybe I not nevah do dat, for fear he tire, for fear he hear tings not nice about Mercedes. Dat make me sorrow, make me shame before him. Si, I know how it vould be. I know de Americanos; dey ver' proud of dare vives, dey fight for de honor. So eet make me mooch 'fraid, I no vort' eet—no, no! I know not den de bettar vay. But de good Mother of God she show me, she tell me vat do—I run quick; I die for de man I lofe, an' den he all'ays know dat I lofe him; he know den bettar as eef I marry him. Si, si, eet vas all joy for Mercedes, now, my señor. Eet not hurt, eet make me glad to know."

Brown bent ever lower as he listened, his great body shaking in the effort to repress his sobs, his lips pressing against her white cheek.

"I kiss you now, señor," she whispered, faintly. "Just de once, like I vas your vife."

Their lips met, the very soul of each seemingly in the soft, clinging contact. Suddenly the poor girl sank backward, her head falling heavily upon his supporting arm, a peculiar shudder twitching her slender form.

"Mercedes!" he cried in alarm.

"Si, señor," the black eyes still wide open, but her words scarcely audible. "Eet is so hard to see you; maybe de stars hide behin' de cloud, but, but I lofe—"

"Yes, y-yes, I kn-know."

She lifted her arms, then dropped them heavily upon his bowed shoulders.

"Dar is such a brightness come, señor. Eet light everyting like eet vas de day. Maybe I be good too, now dat a good man lofe me; maybe de God forgif all de bad because I lofe. You tink so? Oh, eet—eet joys me so—señor! señor!"

Motionless, almost breathless, but for the sobs shaking his great figure, he held her tightly, bending low, her white cheek against his own, her head pillowed upon his arm. About them was the silence, the solemn night shadows, amid which waited Hicks and Winston earnestly watching. Finally, the latter spoke gently, striving to arouse the man; but Stutter Brown never lifted his head, never removed his eyes from the death-white face upheld by his arm. As though stricken to stone he remained motionless, seemingly lifeless, his face as pallid as the dead he guarded. Hicks bent over and placed one hand upon his shoulder.

"Stutter, ol' pard," he said, pleadingly. "I know it's mighty hard, but don't take on so; don't act that way. It can't do her no manner o' good now. It's all—all over with, an' you ain't helpin' her none a-settin' thar that way."

The smitten man drew a deep breath, glancing up into the kindly, seamed face bending over him, and about at the surrounding darkness. He acted like one suddenly aroused from sleep, unable to comprehend his situation. Slowly, with all the tenderness of love, he crumpled his old hat into the semblance of a pillow, placed it upon the rock, and lowered the girl's head until it rested softly upon it. Gently he passed his great hand in caress across the ruffled black hair, pressing it back from her forehead. He arose to his knees, to his feet, swaying slightly, one hand pressed against his head as he stared blankly into the faces of the two men.

"W-which way d-did he go?" he asked, almost stupidly. "Th-the feller w-who told 'em ter f-f-fire?"

Old Hicks, his eyes filled with misery, shook his head.

"Back ter the 'Independence,' I reckon," he admitted. "Most o' 'em I saw started that way."

Brown roughly jerked his gun from out its holster, holding the shining weapon up into the starlight.

"No, he didn't; not that one," he growled fiercely, his glance falling again upon the upturned features of the dead girl. "I saw him out thar runnin' toward our shaft-hole; h-he's up t-ter more d-deviltry. Y-you take k-keer o' her." His voice broke, then rang out strong. "By G-God, I 'll git the murderer!"

He pushed past between the two, shouldering them aside as though failing to see them, and, with the leap of a tiger, disappeared in the night. Each man had caught a glimpse of his face, drawn, white, every line picturing savagery, and shrank back from the memory. It was as if they had looked upon something too horrible for thought. A moment they stared after him, clutching their rifles as though in an agony of fear. Hicks first found words of expression.

"He 's gone mad! God pity him, he 's gone mad!"

Winston drew himself together sharply, one hand grasping the other's arm.

"Then leave it to him," he said, quickly. "Whoever did this deed deserves his punishment. Let us do what he bade us—look to the body of this poor girl."

They turned back, dreading their task, moving still as though half dazed. As they advanced, a dark body just beyond suddenly rose to its knees, and began crawling away. With a bound Hicks succeeded in laying hands upon the fellow, and flung him over, face upward to the stars. With gun at his head he held the man prostrate, staring down upon the revealed features in manifest astonishment.

"Damn me!" he cried, a new note of surprise in his voice, "Winston, look yere!"

"What is it?" and the younger man pressed forward, his rifle ready.

"Ain't that Burke? Ain't that the same feller they had you pinched fer murderin'?"

The helpless man lying upon the ground frowned savagely up at them, a dirty bandage bound about his head giving him a ghastly, unnatural appearance. For a long moment the startled engineer gazed down at him in incredulity, unable to distinguish the features clearly, his own heart beating rapidly in suspense.

"I half believe it is. Are you Jack Burke?"

The man attempted a grin, but there was little of merriment in the result.

"Oi think loikely ye 're as liable as any wan to know. Ye 're the lad that put this head on me, but that other divil it was that broke me arm. Let me up from here. Begorry! Oi 've had 'nough fightin' fer wan toime."

"Did you know I had been put under arrest on the charge of killing you?"

Burke grinned, this time in earnest.

"Divil a bit did Oi know anything about it. Farnham he tould me to keep damn quiet in the bunkhouse, out o' sight, but whin they wanted for to set this fuse off, it seems Oi was the only lad that could do the job, an' so they brought me out here along wid 'em. It 's a busted head an' a broken arm Oi 've got for me share o' the fun. Be the powers, now, let me git up!"

The two men, watching him closely, exchanged glances.

"All right, Burke," and Winston held up his rifle suggestively. "You can get up, only stay close to us, wid no tricks. I want you, and I want you bad. If you make any break, there 'll be a dead Irishman this time sure. Is that you, Mike?"

"Sure, sor."

"Good; you've come just in time. Drop your muzzle on this native son, and if the fellow makes a suspicious move, plug him, you understand?"

"Ye bet Oi do, sor. Sthep out there, Burke, yer slab-sided boss o' Swades, or Oi 'll show ye what a dacent Oirishman—an O'Brien, bedad,—thinks o' the loikes of ye; Oi will that."

With sympathetic gentleness, and in all the tenderness possible, their eyes moist, and everything else forgotten excepting their sad task, Hicks and Winston kneeled on the hard rock and lifted the slender figure of Mercedes in their arms. Slowly, without the exchange of a word, the little concourse turned in the darkness, and advanced in the direction of the cabin, bearing the silent burden. They walked with bowed heads and careful steps, their hearts heavy. With a faint whinny the girl's deserted pony trotted forward from out the shadow where he had been left, sniffed at her trailing skirt with outstretched nose, and fell in behind, walking with head bent almost to the ground as though he also understood and mourned. Winston glanced, marvelling, back at the animal, hastily brushing a tear from out his own eye; yet his lips remained set and rigid. He felt no doubt about who it was Brown was seeking through the black night. When they met, it would be a battle to the death.

Before the still open door of the cabin they silently lowered their burden in the shadow of the building. An instant they stood there listening intently for any sound to reach them from out the surrounding night. Then Winston, assuming the duty, stepped reluctantly forward endeavoring to peer within. His heart throbbed from the pain of that sudden message of death he brought.

"Beth," he called, perceiving no movement within, and compelling his voice to calmness. "Miss Norvell."

There was a slight movement near the farther wall, but it was the voice of the wounded sheriff which answered.

"Who are yer? What was all that firin' about just now? Damn if I ain 't too weak ter git up, but I got a gun yere, an' reckon I kin pull the trigger."

"It's Winston and Hicks. We 've had a skirmish out beyond the dump. Those fellows tried to blow up our shaft, and we caught them at it. Is Miss Norvell here?"

"No, I reckon not; she was sittin' yere talkin' to me when that shootin' begun, an' then she ran out the door thar. Anybody git hurt?"

"The little Mexican girl was killed. We have brought her body here."

"Good God!"

"And we 've also got a prisoner, sheriff. It 's that same Jack Burke you arrested me for killing. He seems very much alive."

There was a rustling back in the darkness, as if the man within was endeavoring to draw his body into a sitting posture. Then he swore savagely, pounding his fist into the side of the bunk, as though seeking thus to relieve his feelings.

"Burke!" he fairly exploded at last, his anger appearing to stifle utterance. "Jack Burke! Hell! Is that true? Oh, Lord! but I wish I could git out o' yere. That damn Farnham swore out that warrant down in San Juan, ther blame, ornery cur. It was a low-down, measly trick, an' he actually had the nerve ter use me ter play out his game fer him. Lord! if ever I git my hand on him I 'll shut down hard."

No one answered him, the thought of all recurring reverently to the motionless, silent dead without. Bareheaded, the two men, groping through the darkness, bore Mercedes within in all tenderness, and placed the slender form upon the bed, covering it with the single sheet. Hicks remained motionless, bending over her, the kindly darkness veiling the mist of tears dimming his old eyes and the trembling of his lips as he sought, for the first time in years, to pray. But Winston turned instantly and walked over toward Hayes, his heart already filled with fresh anxiety.

"Where did she go, do you know?"

"Who? the young actress woman? I could n't see exactly, only she went outside. I thought I heard voices talkin' out thar later on, over beyond toward the window, but maybe I imagined it. Darn this ol' head o' mine! It keeps whirlin' round every time I move, like it was all wheels."

The engineer, his face white with determination, strode to the door. Beyond doubt it was Biff Farnham whose voice Brown had recognized, commanding his men to fire; it was Farnham who had disappeared in the direction of the "Little Yankee" shaft-house. What fresh deviltry was the desperate gambler engaged upon? What other tragedy was impending out there in the black night?


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