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"And my advice to you," replied Lovell, "is to go back to your federal court and tell that judge that as a citizen of these United States, and one who has borne arms in her defense, I object to having snap judgment rendered against me. If the honorable court which you have the pleasure to represent is willing to dispossess me of my property in favor of a ring of government thieves, and on only hearing one side of the question, then consider me in contempt. I'll gladly go back to Omaha with you, but you can't so much as look at a hoof in my possession. Now call your troops, or take me with you for treating with scorn the orders of your court."

Meanwhile every man on our side had an eye on Archie Tolleston, who had gradually edged forward until his horse stood beside that of the marshal. Before the latter could frame a reply to Lovell's ultimatum, Tolleston said to the federal officer:

"Didn't my employers tell you that the old —— — — —— would defy you without a demonstration of soldiers at your back? Now, the laugh's on you, and—"

"No, it's on you," interrupted a voice at my back, accompanied by a pistol report. My horse jumped forward, followed by a fusillade of shots behind me, when the hireling deputies turned and plunged into the river. Tolleston had wheeled his horse, joining the retreat, and as I brought my six-shooter into action and was in the act of leveling on him, he reeled from the saddle, but clung to the neck of his mount as the animal dashed into the water. I held my fire in the hope that he would right in the saddle and afford me a shot, but he struck a swift current, released his hold, and sunk out of sight. Above the din and excitement of the moment, I heard a voice which I recognized as Reed's, shouting, "Cut loose on that team, boys! blaze away at those harness horses!" Evidently the team had been burnt by random firing, for they were rearing and plunging, and as I fired my first shot at them, the occupants sprang out of the vehicle and the team ran away. A lull occurred in the shooting, to eject shells and refill cylinders, which Lovell took advantage of by ordering back a number of impulsive lads, who were determined to follow up the fleeing deputies.

"Come back here, you rascals, and stop this shooting!" shouted the old man. "Stop it, now, or you'll land me in a federal prison for life! Those horsemen may be deceived. When federal courts can be deluded with sugar-coated blandishments, ordinary men ought to be excusable."

Six-shooters were returned to their holsters. Several horses and two men on our side had received slight flesh wounds, as there had been a random return fire. The deputies halted well out of pistol range, covering the retreat of the occupants of the carriage as best they could, but leaving three dead horses in plain view. As we dropped back towards Forrest's wagon, the team in the mean time having been caught, those on foot were picked up and given seats in the conveyance. Meanwhile a remuda of horses and two chuck-wagons were sighted back on the old wood road, but a horseman met and halted them and they turned back for Ogalalla. On reaching our nearest camp, the posse south of the river had started on their return, leaving behind one of their number in the muddy waters of the North Platte.

Late that evening, as we were preparing to leave for our respective camps, Lovell said to the assembled foremen: "Quince will take Reed and me into Ogalalla about midnight. If Sutton advises it, all three of us will go down to Omaha and try and square things. I can't escape a severe fine, but what do I care as long as I have their money to pay it with? The killing of that fool boy worries me more than a dozen fines. It was uncalled for, too, but he would butt in, and you fellows were all itching for the chance to finger a trigger. Now the understanding is that you all start in the morning."





CHAPTER XVI. CROSSING THE NIOBRARA

The parting of the ways was reached. On the morning of July 12, the different outfits in charge of Lovell's drive in '84 started on three angles of the compass for their final destination. The Rosebud Agency, where Flood's herd was to be delivered on September 1, lay to the northeast in Dakota. The route was not direct, and the herd would be forced to make quite an elbow, touching on the different forks of the Loup in order to secure water. The Rebel and my brother would follow up on the south side of the North Platte until near old Fort Laramie, when their routes would separate, the latter turning north for Montana, while Priest would continue along the same watercourse to within a short distance of his destination. The Buford herds would strike due north from the first tributary putting in from above, which we would intercept the second morning out.

An early start was the order of the day. My beeves were pushed from the bed-ground with the first sign of dawn, and when the relief overtook them, they were several miles back from the river and holding a northwest course. My camp being the lowest one on the North Fork, Forrest and Sponsilier, also starting at daybreak, naturally took the lead, the latter having fully a five-mile start over my outfit. But as we left the valley and came up on the mesa, there on an angle in our front, Flood's herd snailed along like an army brigade, anxious to dispute our advance. The point-men veered our cattle slightly to the left, and as the drag-end of Flood's beeves passed before us, standing in our stirrups we waved our hats in farewell to the lads, starting on their last tack for the Rosebud Agency. Across the river were the dim outlines of two herds trailing upstream, being distinguishable from numerous others by the dust-clouds which marked the moving from the grazing cattle. The course of the North Platte was southwest, and on the direction which we were holding, we would strike the river again during the afternoon at a bend some ten or twelve miles above.

Near the middle of the forenoon we were met by Hugh Morris. He was discouraged, as it was well known now that his cattle would be tendered in competition with ours at Fort Buford. There was no comparison between the beeves, ours being much larger, more uniform in weight, and in better flesh. He looked over both Forrest's and Sponsilier's herds before meeting us, and was good enough judge of cattle to know that his stood no chance against ours, if they were to be received on their merits. We talked matters over for fully an hour, and I advised him never to leave Keith County until the last dollar in payment for his beeves was in hand. Morris thought this was quite possible, as information had reached him that the buyers had recently purchased a remuda, and now, since they had failed to take possession of two of Lovell's herds, it remained to be seen what the next move would be. He thought it quite likely, though, that a settlement could be effected whereby he would be relieved at Ogalalla. Mutually hoping that all would turn out well, we parted until our paths should cross again.

We intercepted the North Fork again during the afternoon, watering from it for the last time, and the next morning struck the Blue River, the expected tributary. Sponsilier maintained his position in the lead, but I was certain when we reached the source of the Blue, David would fall to

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