LITMIR.BIZ

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so,” said the President, “no man goes to sleep with a cocked revolver. What’s to be done?”

      “Everything,” said the Doctor. “This deed was committed within the last two hours; the body is still warm. The murderer did not come our way, or we should have met him on the trail. He is, if anywhere, between here and Tres Pinos.”

      “Gentlemen,” said the President, with a slight preparatory and half judicial cough, “two of you will stay here and stick! The others will follow me to Tres Pinos. The law has been outraged. You understand the Court!”

      By some odd influence the little group of half-cynical, half-trifling, and wholly reckless men had become suddenly sober, earnest citizens. They said, “Go on,” nodded their heads, and betook themselves to their horses.

      “Had we not better wait for the inquest and swear out a warrant?” said the Secretary, cautiously.

      “How many men have we?”

      “Five!”

      “Then,” said the President, summing up the Revised Statutes of the State of California in one strong sentence; “then we don’t want no d–d warrant.”

      CHAPTER V

      WHO HAD A LIEN ON IT

      It was high noon at Tres Pinos. The three pines from which it gained its name, in the dusty road and hot air, seemed to smoke from their balsamic spires. There was a glare from the road, a glare from the sky, a glare from the rocks, a glare from the white canvas roofs of the few shanties and cabins which made up the village. There was even a glare from the unpainted red-wood boards of Roscommon’s grocery and tavern, and a tendency of the warping floor of the veranda to curl up beneath the feet of the intruder. A few mules, near the watering trough, had shrunk within the scant shadow of the corral.

      The grocery business of Mr. Roscommon, although adequate and sufficient for the village, was not exhausting nor overtaxing to the proprietor; the refilling of the pork and flour barrel of the average miner was the work of a brief hour on Saturday nights, but the daily replenishment of the average miner with whisky was arduous and incessant. Roscommon spent more time behind his bar than his grocer’s counter. Add to this the fact that a long shed-like extension or wing bore the legend, “Cosmopolitan Hotel, Board or Lodging by the Day or Week. M. Roscommon,” and you got an idea of the variety of the proprietor’s functions. The “hotel,” however, was more directly under the charge of Mrs. Roscommon, a lady of thirty years, strong, truculent, and good-hearted.

      Mr. Roscommon had early adopted the theory that most of his customers were insane, and were to be alternately bullied or placated, as the case might be. Nothing that occurred, no extravagance of speech nor act, ever ruffled his equilibrium, which was as dogged and stubborn as it was outwardly calm. When not serving liquor, or in the interval while it was being drank, he was always wiping his counter with an exceedingly dirty towel,—or indeed anything that came handy. Miners, noticing this purely perfunctory habit, occasionally supplied him slily with articles inconsistent with their service,—fragments of their shirts and underclothing, flour sacking, tow, and once with a flannel petticoat of his wife’s, stolen from the line in the back-yard. Roscommon would continue his wiping without looking up, but yet conscious of the presence of each customer. “And it’s not another dhrop ye’ll git, Jack Brown, until ye’ve wiped out the black score that stands agin ye.” “And it’s there ye are, darlint, and it’s here’s the bottle that’s been lukin’ for ye sins Saturday.” “And fwhot hev you done with the last I sent ye, ye divil of a McCorkle, and here’s me back that’s bruk entoirely wid dipping intil the pork barl to giv ye the best sides, and ye spending yur last cint on a tare into Gilroy. Whist! and if it’s fer foighting ye are, boys, there’s an illigant bit of sod beyant the corral, and it may be meself’ll come out with a shtick and be sociable.”

      On this particular day, however, Mr. Roscommon was not in his usual spirits, and when the clatter of horses’ hoofs before the door announced the approach of strangers, he absolutely ceased wiping his counter and looked up as Dr. Guild, the President, and Secretary of the new Company strode into the shop.

      “We are looking,” said the President, “for a man by the name of Wiles, and three Mexicans known as Pedro, Manuel, and Miguel.”

      “Ye are?”

      “We are!”

      “Faix, and I hope ye’ll foind ‘em. And if ye’ll git from ‘em the score I’ve got agin ‘em, darlint, I’ll add a blessing to it.”

      There was a laugh at this from the bystanders, who, somehow, resented the intrusion of these strangers.

      “I fear you will find it no laughing matter, gentlemen,” said Dr. Guild, a little stiffly, “when I tell you that a murder has been committed, and the men I am seeking within an hour of that murder put up that notice signed by their names,” and Dr. Guild displayed the paper.

      There was a breathless silence among the crowd as they eagerly pressed around the Doctor. Only Roscommon kept on wiping his counter.

      “You will observe, gentlemen, that the name of Roscommon also appears on this paper as one of the original beaters.”

      “And sure, darlint,” said Roscommon, without looking up, “if ye’ve no better ividince agin them boys then you have forninst me, it’s home ye’d bether be riding to wanst. For it’s meself as hasn’t sturred fut out of the store the day and noight,—more betoken as the boys I’ve sarved kin testify.”

      “That’s so, Ross, right,” chorused the crowd, “We’ve been running the old man all night.”

      “Then how comes your name on this paper?”

      “O murdher! will ye listen to him, boys? As if every felly that owed me a whisky bill didn’t come to me and say, ‘Ah, Misther Roscommon,’ or ‘Moike,’ as the case moight be, sure it’s an illigant sthrike I’ve made this day, and it’s meself that has put down your name as an original locater, and yer fortune’s made, Mr. Roscommon, and will yer fill me up another quart for the good luck betune you and me. Ah, but ask Jack Brown over yar if it isn’t sick that I am of his original locations.”

      The laugh that followed this speech, and its practical application, convinced the party that they had blundered, that they could obtain no clue to the real culprits here, and that any attempt by threats would meet violent opposition. Nevertheless the Doctor was persistent:

      “When did you see these men last?”

      “When did I see them, is it? Bedad, what with sarvin up the liquor and keeping me counters dry and swate, I never see them at all.”

      “That’s so, Ross,” chorused the crowd again, to whom the whole proceeding was delightfully farcical.

      “Then I can tell you, gentlemen,” said the Doctor, stiffly, “that they were in Monterey last night, that they did not return on that trail this morning, and that they must have passed here at daybreak.”

      With these words, which the Doctor regretted as soon as delivered, the party rode away.

      Mr. Roscommon resumed his service and counter wiping. But late that night, when the bar was closed and the last loiterer was summarily ejected, Mr. Roscommon, in the conjugal privacy of his chamber, produced a legal-looking paper. “Read it, Maggie, darlint, for it’s meself never had the larning nor the parts.”

      Mistress Roscommon took the paper:

      “Shure, it’s law papers, making over some property to yis. O Moike! ye havn’t been spekilating!”

      “Whist! and fwhotz that durty gray paper wid the sales and flourishes?”

      “Faix, it bothers me intoirely. Shure it oin’t in English.”

      “Whist! Maggie, it’s a Spanish grant!”

      “A Spanish grant? O Moike, and what did ye giv for it?”

      Mr. Roscommon laid his finger beside his nose and said softly, “Whishky!”

      PART II.—IN THE COURTS

      CHAPTER

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