Barkley looked once more upon the impa.s.sive 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 G.o.d! 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 h.e.l.l 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 G.o.d!" said Uncle Jim Brothers, snapping and throwing away the pinon 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," a.s.sented 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," a.s.sented 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 doc.u.ment, 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 circ.u.mstance." 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 G.o.d!" 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.