LITMIR.BIZ

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himself into a back room where he knew Durbin and old Hugh Dan Lake would be.

      They were at a table, with a bottle of good whisky between them. A third man, Gray Lovewell of the Custer Land and Cattle Company, was here also. It was this trinity which held the key to the situation. Sudden Ben stirred the layered cigar smoke with an idle gesture of his arm. All three looked at him, and he could see they wouldn't listen. But he said:

      "You boys are a little too sure."

      "Let the jury decide," said Howard Durbin, almost scornfully. Lamplight struck the square face of his diamond ring and flashed up a brilliant gleaming.

      "It's your jury," pointed out Sudden Ben frankly. "I'm saying you'd better drop it word to change its vote."

      Old Hugh Dan Lake's face caught a scarlet ruddiness. Howard Durbin stared at the sheriff with a smiling insolence. "Ben," he said, "you have suited me perfectly as a sheriff. But don't go currying favor with those damned rascals breaking up an honest cattleman's range."

      Sudden Ben's eyes were gray and smart. He drawled: "You don't see it, but times change. That Silver Bow country is lost to you. It's a thing you'd better recognize. It would be good business if you'd make a dicker with those hoemen. The flats to them and the bench country to you. Or you may lose both."

      "No," said Howard Durbin. "I'll break that bunch."

      "For a man using government land without title," said Sudden Ben, "you're a little proud. It don't do no harm to use reason."

      "I'll run 'em out," said Durbin vigorously.

      Sudden Ben turned to the door and opened it. He looked back a moment, murmuring, "That's what a fellow said about grasshoppers once," and then left.

      Up in a room of the Prairie House Tip Mulvane sat before a small table, building up a pile of matches aimlessly, his eyes half closed and a cigarette sagging at the corner of his long lips.

      He was standing across from the courthouse—and had been there an hour—when a man came out and crossed to the little knot of homesteaders. Tip Mulvane heard the man say: "Case won't go to the jury until afternoon."

      A homesteader said: "They ain't foolin' anybody. That jury had its instructions when it was sworn in."

      Tip Mulvane saw all their brown and bitter faces making a swarthy shine in the sunlight. They were slow-tempered men and they were stung by the injustice of Con Weiser's trial, yet there was nobody to set fire to that anger. Marksmen were again banging away at a target beyond the courthouse and presently the homesteaders drifted in that direction, leaving Tip Mulvane alone by Orlo Torvester's stable. Durbin's cattle hands were sitting back in the gallery shade by Danahue's saloon.

      It was eleven-thirty then, and a moment later Katherine Weiser came from the courthouse and walked toward the hotel, with the big blond German lad dutifully beside her. For an instant she saw Tip Mulvane across the dust and was aware of him, and during that moment all else on this bright and dusty street faded, as though a fog closed down upon the edges of his vision. She was a straight and resolute shape moving along the boardwalk with a rhythm that struck some deep response in his brain. Pride held her steady against the eyes of this town. That was what hit him this courage to show the world a steady face. She went on into the hotel's doorway and a feeling of regret washed through Tip Mulvane, the regret a man would feel at the vanishing of light from an unfamiliar trail. But before entering she had turned and thrown one quick look back to him. It was the look of a woman who wanted to see and wanted to be seen.

      Mulvane tipped his head and his long body swayed away from the gallery post. He was thinking, "I ought to get aboard that horse and go." Yet he knew then he wouldn't. It was, he thought wistfully, his manner to pitch himself into troubles that held no profit for him. The firing lifted beyond the courthouse and on impulse he strolled that way. There were fifteen or twenty nesters standing around a pair of marksmen who idly tried their skill at a tin can ninety feet out on the prairie.

      He watched dust jet up after each shot, a critical indifference possessing him; and he noted how awkwardly the two nesters lifted and sighted their guns. Afterward he moved through the crowd until he stood beside these two. One of them had lifted his revolver for another deliberate sight. Tip Mulvane said, "You're wasting your lead," and wheeled his own gun from its holster in one short revolving motion. Sound howled into the hot day and the flittering can ninety feet away rolled and bounced at each bullet's impact and then dropped into a yonder coulee. Tip Mulvane holstered his gun and turned about to find all those brown and patient and inexpressive faces showing him whole-hearted interest.

      He said: "Leave the .45 to the riders. It is their gun and you can't beat 'em at it. You boys are shotgun people. A shotgun is a deadly thing anywheres on this street. What the hell you standing back for?"

      He wanted no answer and waited for none. Walking back toward the stable at a long, impatient stride he felt an old wildness slowly fill the empty spaces of his body. Suddenly, after a thousand miles of drifting, after a long summer's loneliness, the world was fresh again and life held a color and richness for him. He could not help this. The kickback of the gun against his arm had been a shock to revive a Tip Mulvane he had thought buried in Montana.

      There was no more firing up the street. Durbin's punchers, attracted by the sudden wicked burst of his gun, were out in the street, watching him wheel and take stand by Orlo Torvester's stable. The homesteaders were trooping in. And afterward people began to come from the courthouse, released by noon recess. Howard Durbin and Hugh Dan Lake stood beneath the shelter of the hotel's board awnings. The jury appeared in the street, shepherded by Emerett Bulow, and walked double file toward the hotel for dinner.

      It was like this, with the street crowded and all eyes focused on the jury pacing toward the hotel, when Tip Mulvane dropped his cigarette into the dust and ground it beneath his foot and crossed over to where Howard Durbin stood. Nothing showed on his cheeks and the sudden brightness of his eyes was half stifled by the closing edges of his lids. He came to the far walk and swung toward Howard Durbin, walking without haste. The jury was fifteen feet away, and coming on; and the weight of attention slowly swung to that little spot in front of the hotel's door. Howard Durbin made a definite stand on the walk, his position careless and arrogant there as though the world could step around him for all he cared.

      Tip Mulvane said: "You like this spot?"

      Howard Durbin wheeled about in one astonished motion and a sudden anger flamed up and showed through his eyes. He said, "What—" and said no more. For the town's indrawn attention was fully upon this scene now and Tip Mulvane, calculating coolly what it would mean, drove his high shoulder into Howard Durbin's chest and lifted his arms and spun Durbin around and threw him bodily out into the dust. Durbin made one long, wild turning motion with his arms spread-eagled to the hot sky and fell thus grotesquely to the earth.

      Shock stunned this town like the enormous strike of thunder. The jury had frozen to a still, double row on the walk. All the homesteaders were bronze statues at the edge of Tip Mulvane's vision and there was no motion over by the saloon where Durbin's punchers had taken root. He heard the hard rise and fall of old Hugh Dan Lake's breathing at his right hand; and then he closed all that out of his mind and, remotely smiling, watched Howard Durbin rise from the dust.

      Tall and pale and with a yellow blaze of rage in those sulky, handsome eyes, he said, in a choking voice: "Step into the street! Step away from those women!"

      Out of the ranks of the punchers came a sudden warning: "Careful, Howard. I saw him use a gun."

      "Step out into the street!" cried Durbin.

      Motion swayed the homesteaders in the background like wind ruffling wheat. Somebody yelled and at once more homesteaders charged from Torvester's stable and up the street. A shotgun exploded, its shot rattling high on Torvester's stable wall. A woman screamed and Durbin's punchers came alive and began to spread over the dust. A homesteader's huge shape drove forward, straight toward the punchers, and then all those brawny bitter men broke like a wave and crashed on against the punchers by Danahue's saloon. The shotgun boomed again and afterward Sudden Ben's voice cut its knifelike warning through the howl: "There's women here!" No more gunfiring sounded; but

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