Beadle's New York Dime Library No. 303 — page 7: what you’re looking at

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

ae _— - Mr.—or rather Captain Berkeley—for he had been a captain in the British army, at one time of his checkered career, and retained the title Top Notch Tom, the Cowboy Outlaw. But he’s got the whip-hand of us, and he knows it; confound him.” Then, as he arrived at the line where the by courtesy—took his hand from the neck of | fence of the company used to stand, now mark- the pony he was about to mount, when the man came to sight, and waited his advent, with a frown on his face. He knew, from the coming of the messenger at that early hour, that he had A message, and all the missives he bad had from Levy lately had been news of evil. The man came up and banded him a letter, which he tore open, and read as follows: * Satanstown, August 27th, 188-. ‘““My Dear CapTain:—I am sorry to say that Con- cha has gone back onus. The man they took last nicht, and who was to have been made a handle of this morning, was let off by the judge, on the pay- ment of a fine, as Concha tells me. He bas re- turned to his ranch, and there ends all hope of mak- ing any capital out of his case. I never thought much of your Dap in that direction, anyhow. ““l made I could out of Field’s being in the fight, but he came back after you were gone, and made a speech ee me on the platform, in which he used, very ifully, the fact t we have a suit against the county. He made a mistake by ad- mitting that the townsmen pot the best of the fight last night; for they are all on their muscle ever since; but the t of the whole affair is not what you may call wholly favorable to our side. Either we have to rely entirely on the suit; or, if we want to go into the legislature, we shall have to abandon it. We cannot ride two horses any longer. My object in writing is to ascertain the sentiments of the company on the subject. The costs of the suit, as far as it has progressed, amount to six hun- dred and fifty seven dollars and thirty-seven and a half cents. “ If these are paid, it will be a boom for our side; as we can then point to the magnanimity of the com- pany, and claim the election with perfect safety, if know anything of popular opinion. If we let it go on, and continue the canvass at the same time, it will take a great deal of money in Satanstown to overcome the opposition we shall undoubtedly en- counter. Is the company willing to stand this or not? I am told that your English stockholders are obstinate and rich. It will be « matter of about five thousand dollars to make things quite sure; but, for that, 1 can do it. Answer, or come to see me; for, as things now stand, if nothing is done, we must lose one of the two events. “Yours truly, “ | Confidential.|" * BELSHAZZAR Levy.” When the captain had finished the reading of this characteristic epistle, he stood by bis pony, in a brown study for some moments before he said to the man: ** Go back and tell Mr. Levy that I'll comeand see him this:morning, at his office. I'll answer this then.” The man rode off, at the usual gallop of the cowboy who has plenty of horses at command, and the Englishman mounted bis own pony and set out for his usual morning round of the ranch. He felt in a mood that made him peculiarly ready to take offense at any erg he might meet; cursing all lawyers and Jews, and every- body who had helped to bring him into the posi- tion indicated by the letter, For he was, after all, only agent of a com- pany ; and the stockholders were mostly Scotch, and therefore grasping and stingy to the last degree; while they were always ready to sus- pect the acts of their agents. He had hada pin deal of trouble to biganes what he had one, or rather what he had suffered from the ranchers when the fences were cut. The loss to the company had been more thana hundred dollars for every hundred and fifty yards of fence that had been destroyed, and he found it difficult and almost impossible to make the quiet Glasgow people, who lived in the midst of law and order, understand the state of affairs in Satanta county, Texas, or the prospect they bad of peer | getting back all their losses, when the reign of law was re-established. The Scotchmen naturally thought that a land which permitted such things must be a den of savages, and could not comprehend what unds the overseer had for hoping damages m a community that must decide the case i itself, if at all. ; ny of them were inclined to give up what they had lost, as a bad job; and not “throw good money after bad,” but the agent of the company, who had his office at Galveston, and was a stanch friend of Berkeley, had man- aged to keep up the hearts of the depositors, so far, by his representations, and they had sent the money to build new fences and bring the suit, which Berkeley was now informed must be abandoned, if aid was to be expected from the legislature, Altogether his mind was in a very dissatis- fied frame, as he rode away, that morning; and be cursed Levy, and saw through the whole of the letter at once. ‘The dirty wants to get bis own costs safe, and his election sure, at the same time,” he said to himself, as he rode along. ‘‘ Con- found the luck! It isn’t like standing tor rliament at bome. There a fellow knows what he’s got_to expect, and pays his money likea man. But I can’t stand for their con- founded legislature, for 1 don’t belong to their confounded country If I did, it isn’t this Jew, would be able to take my money from me. ed only by the line of post-holes, at long inter- vals with an occasional fragment of wire hang- ing, he burst out, with an oath: “Tl be hanged, if Ido it. We'd better give up the election than the suit. Who knows, if this Jew were elected, if he wouldn’t sell us out, just as. he wantsto do, now? He shail carry on the suit; and, as for his election, that can wait.” The decision taken, he felt a little comforted, for he knew that the demand for more money, at that time, might end in the company sell- ing out, at any cost, to the ranchers; and _he se ba moreover, that the ranchers were eager to buy. And it they did buy, the place that had known Berkeley, would know him no more; for he was the most unpopular man in the county at the time, and would stand no chance, as a rancher, by himself, with all the enemies he had made, while he had his brief period of power and money at command, when the cattle com- pany first came to the county. Thinking over all these things, he determined to let matters slide for the present, for he had an idea that the Jew, if no money came, would be apt to come down from his terms. The overseer made his rounds, thinking over the best course to pursue; and, as he was near- ing the confines of the company’s property, where it bordered on the ranch of Jud ol- lingsworth, spied the figure of Tom Field, who was riding slowly along the outskirts of one of the judge’s herds, talking to the cowboy on duty there, Berkeley looked round for his own men, and saw that there were about five or six of them, in sight, and that they bad taken their course to- ward him, in obedience to the orders they had received, to keep the overseer in sight, when- ever he took his morning ride. It was bis policy to make all the fights he could, with the odds on his own side, in poiut of numbers, where there could be any pretext of self-defense in a quarrel; for he was aware that the plea of self-defense was an impregnable one, in Texas, in cases of homicide. Six to two, and no witmesses; was a very satisfactory state of things for a quarrel; and the captain, although not a native of Texas, had been in wild countries, in other parts of the world, too long, to need much instruction on the subject of a fight. Tom Field’s back was turned to him, and he was speaking to the cowboy in attendance, and pointing to some of the cattle, as if he were giving orders to him, as to the branding, ~vhich would soon take place. The captain looked round at his men, whom he knew to be watching him closely, and made a signal with his hand, which they understood, as an order to close in. : Then he rode on among the cattle, which were feeding all round a4 4 made his way toward the pair of rivals he had determined to attack, with an air as if hedid not see them, but with the intention of setting on them suddenly. The desperadoes he bad bired obeyed the sig- nal promptly, and he neared his victims. CHAPTER VIII. TOP NOTCH TOM. In five minutes from the time Berkeley first spied Tom Field and bis man, the Englishman had gotten to within a hundred yards of his foe, unnoticed, as he thought; and his men were within easy shot of the pair, Field bad his back to them, and the cowboy with him was listening to what he said, when the captain suddenly set spurs to his horse, and rode through the cattle toward them. He had intended to surprise and force a quarrel on Field, with all the advantages in his own fa- vor, and his surprise may be imagined, when the flash of a rifle was followed by the whistle of a bullet, and the hat was knocked from bis head, just before Tom Field turned, with the ut- most tranquillity, and called out: ‘‘ Be kind enough to keep your distance, sir. { don’t like men riding at me in that way. It is not polite, in Texas,” His rifle still lay across his arm, where it had been lying when he fired the shot which had knocked the Englishman’s hat off, and the cowboy with him at once wheeled his horse, and pulled his pistol, with the celerity of a man who was used to rapid work on horseback. Berkeley, in the flurry of the shot, taking him so unexpectedly. when his enemy’s back was turned bad pulled up bis pony; and now he cried, with well simulated indignation: ‘What the deuce do you mean, sir? Has a man no rights on his own ground?’ He was within thirty yards of Field when he asked the question, and let his borse walk forward, in the hope of stealing a little closer without exciting the icions of the other, to find out how the shot been fired, which had upset all his calculations of surprise, His men, true to their t , were also forward among the cattle, with the 7 same object, and he trusted to get the advan- tage he desired, before the shot could be re- peated, Tom Field, on his part, had his Winchester rifle over his armas before, and the sun caught the face of a small mirror, set in the eleva sight, instead of the usual peep-hole, th the aid of which the shot had been fired which had puzzled Berkeley so much. Top Notch Tom kept his eyes on Berkeley, and muttered something to the cowboy by his side, which caused that individual tq turn his horse once more, and face to the ememy, steal- ing down. en Tom called out to Berkeley: ‘Look here, you, sir; I don’t seek any diffi- culty with you; but, if you don’t order your men away, We shall be compelled to fire, in our own defense. The odds are too great to throw away ashot, you know.” But Berkeley had been prepared for anytbi in the way of an ordinary fight, and he had = down at his side, all the time, though he esired to get a little nearer, before he opened hostilities, He had not taken bis rifle with him, that morning, and the pistol was a better weapon for the purpose he desired to accomplish. He called out in return: ound, though ‘* My men are on their own you night-riders have cut the fences; and we ave a right to ride where we please, If yen fire, it will be at your own peril. That shot at me was an insult, and you meant it as such.” Top Notch Tom laug as he replied: ‘You are mistaken, It was only a warning that I saw you, and didn’t propose to be jumped. I warn you now, that, if you try te attack me, it will be the worse for you.” But Berkeley had noticed that, by this time, his men had stolen closer to the cowboy hind Tom, who seemed to be awed by the o¢ and the captain was just about to raise his tol and dash in, to decide the thing by a rush, when the rifle of Tom Field, which ley over his arm, as he faced Berkeley, suddenly explod and one of the company’s men threw up arms and fell from bis horse; his hat going off, just before he fell. Top Notch Tom had not looked round that way; but appeared to be absorbed by his con- versation with Berkeley. It is true, that, while talking, he had been looking down at the stock of bis rifle, at short intervals, shifting bis glance from thence to Berkeley and back again, but the captain had paid no attention to that, and had thought him- self sure of his prey, in spite of Tom’s reputa- tion as a shot, when this astounding proof of the rancher’s skill came upon him like a thun- derbolt, and caused him to open his eyes in wonder. ; Berkeley counted himself a good shot, and thought that the stories be had heard of Notch Tom were exaggerated; for he had the fault, common to most Englishmen, if they have traveled extensively, of thinking that their experience embraces all that is possible in the domain of fact. Yet he had just had ocular proof that the stories had not been exaggerated. _ . He had seen this young man, with the air of a poet and the dress of a soft-handed dandy, fire a shot and drop his man, without look at him, all through the reflection of a li mirror, whose presence he would not have sus- pected, if the sun had not happened to flash on it for an instant, as Tom t to face him. Top Notch Tom saw his amazement, and spoke to him, in the same calm way he had . used all along: F s * ‘Look here, sir, [ said I didn’t want any — Me ; difficulty with you; neitberdo I. lama man who naturally hates brawls. I was brought up as a gentleman, and desire tostay so. I have mever killed but one man, deliberately: and he was one I dared not leave alive, for he would have killed me, if I had not finished him. Y man, yonder, is not dead; but only oa I sent the ball to graze his head and take bat off. By that you can judge whetherlIa a quarrelsome man. Now, sir, will you back, or will you take what you deserve, if : press this matter any further?” , But Berkeley bad n thinking all the ti his foe had been speaking, and the last wo were hardly out of Tom’s mouth, when the Englishman fired from his hip, hiding the pistol behind the neck of his horse, and the shot struck the young man, while tbe other men, at the signal, opened a fire from their pistols and with a tremendous yell, came charging down on the two, who had been holding them at bay, _ Berkeley, as soon as he had fired, set sp 2 his horse; dasbed at Tom with a pistol in ea band; and the fight became a melee, which lasted but a few seconds, The unfortunate cowboy, who had been with Tom, was shot down in very first volley, and the young bad t turn his povy and flee for bis life, pursued by the five men still left to the other side, firing as ay Chey Rade ates Wie iii i) is ae ow severely he ha n eley « Parte. not know; but he hoped it was et pee Ky jae make the chase e matter of but a few minute ‘= ae Awey dashed Top Notch Tom, mounted on a . — = = stealing . | hee» ee ee comicbooks.com | 4 - ‘ &\. 7 ; F : a wf + - , - 4 : ,