Beadle's New York Dime Library No. 1092 — page 28: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

28. they had been particular friends, that very morning. Levy produced his affidavits, and read tham to the open court, by which it appeared that Tomlinson had been a regular officer of the law, and that the prisoner bad assaulted and mur- dered him, in the execution of his duty. Then the judge turned to Field, to ask: “Vell, vat you say to dat, young man?” Tom answered: “Simply that [ kilied the man in self-de- fenss, He had just shot down a very dear _ friend of mine, Judge Collingsworth. It was to prevent the murder of the judge, that I in- terfered, and we fought the fight fairly. I did not know that he claimed to be an officer of the law, when he was acting a desperado’s part.” ‘*Haf you any vitmess to svear dat de man dat vas dead fired de first shot?” ‘* No, sir, he didn’t,” said Tom, to the sur- prise of the Englishman who had expected the reverse. ‘‘If he had, I should not have been here to-day. The man was, as you are aware, a splendid shot, and if he had got the drop on me, it would have been all day with me, as they say here. 1 was riding over the prairie to see my friend Judge Collingsworth, when I saw the man, that I afterward killed, ride up to him. A very few words passed between them and tben he shot the judge down without e word of warning, as | was coming close, I shouted at him to deter his aim and save the judge’s life, but it wasin vain. The judge was shot, Then he turned on me, and I knew that it was a duel to the death, We fired all the shots out of our Wincbesters, and it was when we had reloaded that I shot bis horse, and the battle really commenced. He tried a trick on me by shamming dead, and nearly caught me; ‘‘Dat is veree ptettee story, young man. Meester in : bois our vitness.”’ ene Berkeley 1fose, and said quietly: ‘*T can say no more than I have said, already. I saw the murder; and the man has just con- fessed that he sbot down the officer in cold blood. He was in the execution of bis duty. Is not that enough?” Levy put his band on his client’s arm to whis- per: ‘* Now, that is all right, you know; but if I am your lawyer, I must conduct tbis case.” _ Then he turned to the judge to say: “If the prisoner has no witnesses to offer, I submit, your honor, that we have proved our case and move his committal at once.” Olid Concha turned his eyegon Field. | “Vell, haf ah no vitness to bear up vat you say? [f not, I shall haf tocommit you.” ‘I have one,” said Tom, ea: * Your friend, there, admits that Judge Co lingsworth saw the whole transaction—” Levy burst out laughing, asif he could not contain his contempt for the stratagem of the other. > Admit!” be ort. , st ee nothing! Why, man, you said yourse at the judge was Kili” a napetity “T said no such thing,” said Tom, sharply. “‘T said he was shot, So he was. I attended him, for I am a doctor, and I managed to get bim over the wound. He is out of danger now and if it had been safe before to-day I should have surrendered long ago. - He has been brought here, and is outside the court-room. If you’ll.order those bullies of the cattle company o get out of those seats, judge, and let some at snpporente take their places, he can be brought nto court.” cattle men on the seats rose as by one con- sent and Jaid their hands on their weapons, when the judge, with an active dodge under the cover of 7 teh roared: | “Order in de court! Goot Got! gence. do net forget vere you are! Constable, clear de ourt,” ‘The sight of Hank, the Nailer, and Tom Field who had thrown their Winchester rifles for- ward, and were eying the crowd of bullies be- low to catch the first man that drew a pistol, had more tg do with quieting the excite- ment than anything else. It did not pay to re- sent the thing then, and the cattle men sat down again. Berkeley, with a bitter scowl at Tom, said, as be rose to leave the room: *“Confound the luck, I'll be even with you yet, sir,” Then he said to Levy in an under- tone: ; . | ¢ ‘**Give up the case. The man’s told the truth. The old judge is alive. I saw him in the street not a minute ago. He will tell his story.” Levy shrugged his shoulders, as he replied: * My dear sir, if you will not trust your law- er, what can I do? If you had told me that fore I opened, I would never have started T he rose and said to Concha: “Your honor, we are compelled to enter a nolle prosequi. My client bas just seen the alive, and of course he will corroborate or f his confederate oP rah ak We _ é ; ’ XS reac: oe oh ff A ce 2 . a {*, ~ ‘iin 1 : Se a . ot — Ay 4 io DA oe 4 <P —- * << -.% Morte foein. ~ vn . : Me e's : 5 *. - 7 _! Old Cross-Eye, but I got the best of him at last, aud sbot him down, as he was coming to kill me, That is all, sir. O'd Concha smiled, with an expression of sardonic contempt as he observed: murder from revenge, but we can’t overcome the assurance that swears to things, as this man bas done, and brings forward his friends to belp bim out. We drop the case.” So saying, he gathered up his papers and went out of court, while the greasy and olive- tinted judge, who was profoundly mystified by the whole affair, turned to the young man, and said to him: ‘*Vat is all dis about? Who vas it keeled who? Iam astonished.” Tom smiled, for he saw the character of the man—a pompous ignoramus—at a glance, and replied, as he shook hands with him, leaving a ten-dollar gold-piece in the palm; | ‘‘It means that the enemy have abaridoned the case, sir, and that the boot is on the other foot. You will see that the clerk enters the order?” ' The fat judge, whose earrings as justice were small, stniled all over bis dark face as he clutch- ed the coin, and exclaimed: ‘‘ My dear sare, of coorse, of coorse. It was an eenfamia—a maldita conspiracia against a gentleman, I veel see to it.” Then Tom and bis friend, Hank, the Nailer, went down to the street, and found that the cattle company party had taken their depsr- ture; fdr it was not in Berkeley’s nature to waste time overa fight that promised uno re- sults, As for Tom Field, be was received, below, with open arms, by fis friends; and rode, with the rest of them, to the Collingsworth Ranch, where they had a grand jollification, which was witnessed by the old Judge, who saw it from a bammock, bung under a Jive-oak tree, on the lawn that lay before the house. His wouod was in a fair way of healing, and be had had nothing to excite him that day, forthe enemy had given up the fight in advance. The old man lay in the hammock, surveying the scene with a smile. and bis daughter Diana sat beside him, while Helen was doing the hon- ors to the guests, as they drank the judge's health and quick recovery. N»> one'had fears that he would not get well now; for they were used to the cases of men who had received des- perate wounds and yet recovered, by the aid of plenty of Texas fresh air and the strong constitu. tion of the rancher who lives his life in the sad- dle. The young surgeon, who bad made such a stride from persecution to popularity, was among the guests, and Diana’s eyes followed him everywhere, with a look that her father noted, as he had never noted it before. Presently he said to her: “Di, what are you looking at?’ The color in her face showed Lim what it was, but she said, hastily: “Nothing, sir, nothing. I was only think- ing—” ‘And that’s what makes you colar so, cbild?” he asked with a smile. have a fever. That’sa very fine young fellow, Di, isn’t he?” | She tried to look indifferent, as she answered; ‘He is a friend of yours, sir; and that is enough for me.” . | “Yes,” remarked the judge, with a slight chuckle, “he is a friend of mine, as you say. By the by, Di, what would you say if I told you that [| thought of taking bim into partner- oe . he looked up quickly and asked bim: ‘*Do you think of it, really, sir?” | “Yes,” said the judge. ‘‘ The fact is that I had a talk with him this morning after be had dressed my wound. [I actually asked him if he would like to renew the offer be made me some time ago to buy a share of the ranch, I refused it then. You know I thought that he had not the pluck that a Texas rancher requires, sapedlalty in the fight with this cattle company. I bave seen reason to ckange my mind since then, Di, and I was not ashamed to let bim know it, But what do you suppose be said?” ‘Pm sure I bave not the remotest idea, sir,” she said, with an assumption of still greater in- difference, and picking at her handkerchief. he judge smiled. that for a man who generally is considerate of the wage of others, he is the most impudent young fellow I ever met. He actually put a condition on the renewal of his offer. And what'do you suppose it was, Di?’ “1m sure J don’t know, sir—why do you ask me ?” she sid, with a face that was now the color of a ny, and an air of embarrassment that contradicted her words, ‘*‘ You must think I take a greut deal of interest in gentlemen, sir,” The old man looked at his daughter with a certain fondness that be bad never shown be- fore, as hb said, in a grave and serious tone: “Tl not joke any more, child. He told me that he loved you, and that his condition was that I would give my consent to your, marriage with him. I told him. that in those matters I must leave you to your own heart. And then he asked me to—” What?’ she demanded, with a hightened ‘*T must sa "aa ee oo Legs f 5 a ‘““Nay, don’t get so red, | or lI shall bave to call the doctor, to see if you | ——<8 = —- ‘olor, and a look in her eyes that showed she did no ying. “Not to ask the Maverick-Hunter. _ Me | me did he? Because if he did, I say no—at once— no—decidedly NO!” And the girl frowned, in a way that amused: her father, who replied: 3 ‘* And why, in the name of common sense, child?” : : ‘* Because,” said Diana, with a tossof heF heaa,. * that question should be asked of me, and not of you, beforehand. 1 don’t like your wooers: that want to be sure before they speak.” ‘“Who said anything about speaking?” asked the judge with an assumption of great surprise. ‘‘I’'m sure J didn’t, child. I was going to tell ou what he. said, and you burst in on me, in,. must say, a very disrespectful way. If you don’t want to hear it, of course that ends the matter.” Diana sat silent fora few moments, and the color went and came on her cheek, while the old man watched her, with the same amused smile, omhis face, thinking of the time, long ago, whem her mother bad looked just like her. At last: she murmured: “T thougbt—I imagined—that is—I—what: did he say, then, if it was not that?” ‘* Was not what?” he asked, with mischievous enjoyment of her confusion. ‘Pray explain what you mean.” : Diana looked up at him and her glance dis- armed bim as she whispered: ‘* Don't tease, pa; I can’t bear it. quick.” The judge’s face softened, as be looked on his: daughter, and he said, gravely: ‘This is what he said: Tell your daughter,. sir, that she was right in her estimation of my character.\.I am a coward where I am greatly interested and I would give my life for one smile from ber. I dare not ask her the uestion I would ask, till 1 know one thing.. Joes she despise me, as she once did?’ Dianw started, as she ejaculated: ** Despise him! Why. what put that into his head? As if I could despise the man who saved my father’s fife! No, [ don’t despise bint, sir, if that is allhe wants to know.” “Then, that is all that he did,” replied*the judge in the most matter of-fact way. ‘‘ By the by, my dear, will you go and te]! the dector that my wound feels very feverish, and that I should like to go indoors out of tbe air.” Diana obeyed at once, for the appeal took her on the point where the invalid was the king of the place. She actually sought out the doctor— a thing she would have dared ov no other plea,, and told bim what her father bad said, He im- mediately rose and said te her as be went: ‘* Please to come with me, then. He wants you too.” The girl hesitated, and bung back, ut there were too many eyes on her to disobey or show avy consciousness of what she felt was coming, . Very soon so stood by the bammock, and found the young doctor there, while the fever that the old man bad made the excuse to get ber ‘ff seemed to have left the wound, and had flown to ber own veins, for she was clternalely red and pale, as she came forward to the bam mock, tee As soon as she was near, the judge said: ‘** Doctor, I asked the young lady the questior you requested, and she assures me that she hes no contempt for you, but on the eontrary, the highest respect. The rest you must ask your- self, she says.” ie at Diana flushed redder than ever, as she cried out, in a toneof indignation: — : ‘*} didn’t say anything of the sort—I mean—I —It is a shame to tease me so, ar eee Mere The old genticman Jay back in bis bammeck, while the young man, who bad been the cause of the trouble, spoke out in bis grave, quiet way as if be had sometbing to say which demanded a hearing: “Miss Diana,” he said, ‘1 bave told your fatber that there is only one condition on which 1 can ever become a partner in this ranch, after what has just happered. I have loved you, ever since | saw you, and it bas been my whole study to please you. Do you think that you would be bappy to be my wife, and have me around all the time? If you would, I offer you my hand and heart, and with them the assur ance that I know, now, that you will not be marrying a coward,” Diana heard the words, and she could not but own that the man who could say sueh a thing before another must have considerable courage, But sbe had made up her mind what to do, and raised her eyes to bis, to say: | ‘Mr. Field, I was once very rude to you; an@ I have regretted it ever since. Imadea grave _ mistake about you, and I will try to repair iv. for the rest of my life, by loving you, as you © deserve to be loved. Now, sir, am I a coward, either?” , He smiled as he answered her: “I never said you were, Di. You are the Tell me , Ma [ergs , woman I love, above all the world,” = : - > e . Lf ® Sd ‘ ‘ s~ x - rs . : - + n : r oh . ? ." 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