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arroyo. Barkley pushed his hat back on his furrowed forehead.

"There is a lot in this thing for me, Andersen," said he, "and there'll be a lot in it for you. Have you got any claims of your own in here? Mineral, I mean?"

"Of course," Dan Anderson replied. "We all have claims. This is the only valley in the West, so far as I know, where there is good coal on one side, and paying gold quartz on the other. But that's the case here. We haven't overlooked it."

Barkley whistled. "I wouldn't ask a better show than you'll have here," said he, contemplatively. "The only wonder to me is that some one hasn't broken into this long ago."

"There might be some few difficulties," suggested Dan Anderson.

"Difficulties! What do you care about that? We'll wear 'em out, pound 'em out, break 'em up, I tell you. We're the first ones to find this country—"

"Except maybe Coronado, De Vaca and Company."

"Who were they?"

"The same as you and me," replied Dan Anderson, enigmatically. "Ask the mountains."

"Oh, rot!" said Barkley. "I'll tell you, once for all, I'm not interested in dreams or foolishness. Now, if you want to go in with us, that's one thing. If you don't, we want to find it out mighty quick."

"You might do worse," said Dan Anderson. "The other lawyer is worse than myself. At times I suspect him of being lazy."

"Well, well, let's get together," urged Barkley, impatiently. "Now, Grayson thinks it will take about three hundred and fifty acres for the first plat, without additions; we'll supersede the old Jack Wilson patent. He's dead, you say? Never left a will, or any heirs? Never did get his town site platted and filed? Well, he never will, now. You go with Grayson to-morrow and run out these lines quietly, and help him get an idea of the best mining claims on both sides of the valley, too. There'll be plenty for you to do."

Dan Anderson nodded, but made no comment. Many things were revolving in his mind.

"Meantime," concluded Barkley, "I've got to get back down the line to meet Mr. Ellsworth. We'll come up again. You can readily see that we've got to have a town meeting before very long. Get things in line for it. Will you attend to this?"

"Yes," replied Dan Anderson, slowly and musingly; "yes, I'll attend to it."

Barkley looked once more upon the impassive face of his local counsel, and departed more than ever puzzled and exasperated. He liked Dan Anderson as little as he understood him. "I'll handle him, though," he muttered to himself. "There's a way to handle every man, and I rather think that this one'll come to his feed before we get done with him."





CHAPTER XVII TREASON AT HEART'S DESIRE Showing the Dilemma of Dan Anderson, the Doubt of Leading Citizens, and the Artless Performance of a Pastoral Prevaricator


"Learned Counsel," said Dan Anderson on the morning following the preliminary survey of Heart's Desire, "I want you to take my case."

"What's up?" asked Learned Counsel. Dan Anderson pointed down the street, where a group stood talking among themselves, casting occasional side-long glances in his direction. "They're milling like a bunch of scared longhorns," he said. "Something's wrong, and I know it mighty well. I want you to take my case. Come along."

Contrary to the ancient custom of the forum at Whiteman's corral, the group did not move apart to admit them to the circle. "The gentleman from Kansas was addressing the meeting," said Dan Anderson. Doc Tomlinson continued speaking, but still the circle made no move.

"Say it!" burst out Dan Anderson. "Tell it out! What's on your minds, you fellows?"

"We don't like to believe it," McKinney began, facing toward him. "We hope it ain't true."

"What's not true?" he demanded, looking from one averted face to another. At length Doc Tomlinson resumed his office as spokesman. "They say you've sold us out. They say you're bought by the railroad to clean us out; that the scheme is to steal the town, and you're in the steal. Is that so?"

"Is it true?" asked McKinney.

"We want to know if it's true," insisted Doc Tomlinson. "You was all over town with them fellers. Now they've let it out they're goin' to grab the town site and make a re-survey."

"We know there wasn't ever any town site here," added Uncle Jim Brothers, "but what need was there? Wasn't there plenty of room for everybody?"

"You can't try any hurrah game on us fellers here," said McKinney, facing Dan Anderson squarely.

"Nor you with me," retorted Dan Anderson. "Don't any of you undertake that."

"Hold on there," called Learned Counsel, lifting his hand for attention. "This man is my client! You're not hearing both sides."

"Tell the other side, Dan," said Uncle Jim Brothers. Dan Anderson shook his head.

"Why can't you?" asked Uncle Jim.

"I can't!" broke from Dan Andersen's dry lips. "If you knew, you wouldn't ask me to."

"That's no argument," exclaimed Doc Tomlinson. "What we do know is that you were figurin' to run the street right past here, maybe through my store and Uncle Jim's place, maybe takin' Tom's place for depot yards. That outfit's been all over the hills lookin' for claims to jump. It's a case of gobble and steal. They say you're hired to help it on, and are gettin' a share of the steal. Now, if that's so, what would you do if you was in our place?"

"I'd run the fellow out of town," said Dan Anderson. "If there was that sort of a traitor here, by God! I'd kill him."

"We never did have no man go back on us here," Uncle Jim Brothers remarked.

"Don't say that to me!" Dan Andersen's voice was shaken. "You've fed me, Uncle Jim. Don't say that to me."

"Then what shall we say, man?" replied Uncle Jim. "We want to be fair with you. But let me tell you, you don't own this valley. We own it. There's other places in the world besides the States, and don't you forget that. We didn't think you'd ever try to bring States ways in here."

"To hell with the States!" said McKinney, tersely.

"And States ways with them!" added Doc Tomlinson. "I'd like to see any railroad, or any States, or any United States government, try to run this place." Unconsciously he slapped his hand upon the worn scabbard at his hip, and without thought others in the group eased their pistol belts. It was the Free State of Heart's Desire.

"Well, by God!" said Uncle Jim Brothers, snapping and throwing away the piñon twig which he had been fumbling, "if we don't want no railroad, we don't have it, and that goes!"

"Of course," broke in Learned Counsel. "We all know that. That's a small thing. The big question is whether or not we've been fair to my client. I've not had time yet to go fully into his case. We'll have to continue this trial. We've got to have fair play."

"That's right enough," assented McKinney, and the others nodded.

"Then wait a while. You can't settle this thing until my client has had time to talk with me. I'll find out what he ought to tell."

"All right for that, too," agreed Uncle Jim Brothers. "But about that railroad, we'll hold court right here. We'll send out a summons to them folks, and have a meetin' here, and we'll see which is which and what is what in this town."

"That's fair enough," assented Learned Counsel. "We'll try the railroad, and we'll try my client at the same time."

"Write out the summons," said Doc Tomlinson. "Send word down to them railroad folks to come up here and be tried. It's time we knew who was boss, them or us. Go ahead, you're a lawyer; fix it up."

They ignored Dan Anderson, their long-time leader in all matters of public interest! Eventually it was Doc Tomlinson himself who drafted the document, one of the most interesting of the Territorial records—a summons whereby civilization was called before the bar of primitive man. These presents being signed and sealed, a messenger was sought for their delivery. None better offered than a half-witted sheepherder commonly known as Willie, who chanced to be in town by buckboard from the lower country. This much accomplished, the meeting at Whiteman's corral broke up.

Learned Counsel took his client by the arm and led him away. "You need not say much to your lawyer," he remarked; "but while I don't ask you to incriminate yourself even with your counsel, I only want to say that a Girl is, in a great many decisions of the upper courts, held to be an extenuating circumstance." He watched the twitch of Dan Anderson's face, but the latter would not speak.

"I don't know just where the girl exists now in this case," went on Learned Counsel, "or how; but she's somewhere. It is not wholly necessary that you should specify."

"My God!" broke out Dan Anderson. "I wanted—I hoped so much? It was my opportunity, my first—"

"That's enough," said Learned Counsel. "You needn't say any more. Every fellow has something of that sort in his life. What brought McKinney here, and Doc Tomlinson, and all the rest?"

"Ribbons!" said Dan Anderson. "Tintypes!"

"Precisely. And who shall cast the first stone? If the boys knew—"

"But they don't know, they can't know. Do you think I'd uncover her name, even among my friends—make her affairs public? No."

"Then your only defence cannot be brought into court."

"No. So what do you advise?"

"What do you advise your counsel to advise you?" asked Learned Counsel, bitterly.

"Nothing. I'm done for, either way it goes."

Dan Anderson turned a drawn face. "What shall I do?" he asked at length again.

For once Learned Counsel was wise. "In this sort of crisis," said he, "one does not consult a lawyer. He decides for himself, and he lives or dies, succeeds or fails, wins or loses forever, for himself and by himself, without aid of counsel or benefit of clergy." He stood and watched the iron go home into the soul of a game man. Dan Anderson was white, but his reply came sharp and stern.

"You're right! Leave me alone. I'll take the case now myself."

They shook hands and separated, not to meet again for days; for Dan Anderson shut himself up in his cabin and denied himself to all. Gloom and uncertainty reigned among his friends. That a crisis of some sort was imminent now became generally understood. At length the crisis came.

There arrived in town, obedient to the summons of Heart's Desire, the dusty buckboard driven by Willie the sheepherder. Upon the front seat with him was Mr. Ellsworth; on the back seat sat Porter Barkley and Constance. The chief actors in the impending drama were now upon the stage, and all Heart's Desire knew that action of some sort must presently follow.

With due decorum, however, all Heart's Desire stood apart, while the three travellers, dusty and weary, buried themselves in the privacy of Uncle Jim Brothers's best spare rooms. Then Heart's Desire sought out Willie the sheepherder.

"Now, Willie," said Doc Tomlinson, "look here—you tell us the truth for once. There's a heap of trouble goin' on here, and we want to get at the bottom of it. Maybe you heard something. Now, say, is this here railroad figurin' on comin' in here, or not?"

"Shore it'll come," said Willie, sagely. "Them folks has got money to do just what they want. Railroad'll be here in a few days if they feel like it."

"Maybe we don't feel like it," said Doc Tomlinson, grimly. "We'll see about that to-night."

"The girl, she's the one," said Willie, vaguely.

"What's that you mean?" commanded Doc Tomlinson.

"The funniest thing," said Willie, "is how things is mixed. Lord John, he rides on the front seat; and Lord Peter Berkeley,—that's the lawyer for the railroad,—he rides on the back seat with her, and he sues for her hand, he does, all the way up from the Sacramentos. Says he to Lord John, says he, 'Gimme the hand of this

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