Down the Slope

"It can't be delayed very long, or Mr. Hunter would tell us," was the mournful reply.

"S'pose I slip out an' watch for him? He won't know where to come if there's nobody in the office."

This Fred thought was a very good idea, and he suggested it to the lawyer, who said:

"The constable knows that he is needed here, therefore they will put in an appearance immediately after arriving."

Five minutes later Sam was called upon to plead, and he answered firmly:

"Not guilty."

Then the cashier was summoned to the stand, and told his story correctly, except as to the latter portion, when he said that Fred appeared very nervous during the time his friend was absent. He also declared that the two boys made mysterious signs to each other, and in a variety of ways appeared guilty.

The teller of the bank, Mr. Wright, the constable who made the arrest, and one or two others gave evidence, and when the prosecution closed matters looked very black for the prisoner.

Then Sam himself was called to the stand, and for half an hour underwent a most searching examination. He described very minutely the journey to Blacktown; related every particular connected with his receiving the money, and explained why he chose to walk home, when, by waiting a short time, it would have been possible to ride on the cars.

That he had the money two or three moments before reaching the newly-discovered vein he was very positive. He had not intended to go to sleep when he laid down to rest. On awakening it was several moments before the loss was discovered, and then he searched in every direction.

Over and over again he told what is already known, and when the testimony was finished, it could be seen from the faces of those around, that the story was not generally believed.

Then Fred was called upon to tell of the chase and capture, after which Joe took the stand.

Had Skip been there the prisoner's case would have been strengthened just so much; but he yet remained absent, and even Mr. Hunter looked disheartened.

The miner was kept on the stand as long as possible, in the hope the missing one might come, and then the defense had been exhausted.

Unless Skip appeared within a few seconds Sam would be deprived of his liberty.

CHAPTER XXXII

ACQUITTED

If Skip had been an actor in a pantomime, and rehearsed the scene every day for a week, he could not have arrived more precisely, than when he made his appearance at the very moment Mr. Hunter was about to declare the defense closed.

Sam and Fred sprang to their feet as he entered the door, and Joe actually shouted, so great was his joy and relief; but he was speedily made to understand by the officers that another breach of decorum as flagrant would result in his expulsion from the court-room.

Following Skip came the constable leading Tim, who looked frightened and pale. Mr. Hunter at once called the prisoner to the witness stand.

Not knowing that Gus had denied having seen the money, Tim soon said enough to convict himself, and in a few moments was ready to confess his share in the matter.

"I didn't take it," he said, whiningly. "Gus showed me the money here in town an' told as how he'd sneaked it out of the pocket of a feller what he found asleep on the mountain. He agreed that I could have half if I'd go off somewhere with him."

"Where is he now?" Mr. Hunter asked.

"I don't know. When I went for some grub he was watchin' Fred Byram what we caught followin' us."

"What had been done with the money?"

"He had all that was left but ten dollars, an' I was goin' to spend that."

"What had Fred Byram done to you?"

"Tried to get the stuff, so's his chum wouldn't be sent to jail."

"How did he know you had the bills?"

"That's what puzzles me, 'less Gus give himself away to Skip Miller."

"Have you seen your friend since you left him to go in search of provisions?"

"If I had he'd been used up pretty bad for runnin' off with the cash after coaxin' me to leave town with him."

Very little more in the way of evidence was needed, and in a short time Sam was told by the judge that there was nothing to show he was at fault in the matter, except so far as being careless in lying down to sleep, while having such an amount of money in his pocket.

With this slight reprimand he was discharged from custody, and Tim sent to jail.

When the partners were in the street once more Joe found it almost impossible to keep his joy within bounds. He acted in the most extravagant manner until Fred reminded him that the people might think he was intoxicated.

"We'll telegraph to Bill, anyhow," he cried, and straightway the following message was sent:

"William Thomas, Farley's, Pa.:

"Skip Miller has fixed everything. Sam is free. Hurrah for Skip.

Joe."

"There," he said, after writing the telegram, a task of no mean magnitude for him, "that puts the credit jest where it belongs. I ain't sayin' the lawyer didn't do his share; but he'd been snowed under if Tim hadn't been brought in the nick of time."

Skip was radiant with delight, as he had every reason to be, since now he felt certain his past misdeeds were atoned for, and the partners repeated over and over again that they owed him a debt which could never be repaid.

Mr. Hunter insisted that the owners of the mine should remain in Blacktown until he learned whether sufficient money could be raised with which to defend the suit brought against them; but Joe was bent on going to the depot for the purpose of witnessing Mr. Wright's departure.

"I want to see how he an' and his precious cashier look after failin' in convictin' an innocent boy of stealin' what never oughter been put in his charge."

Fred did not care to indulge in such questionable triumph; but the miner was so persistent that he could not well refuse, and the three stood on the platform when their accusers boarded the cars.

Neither of the men glanced toward the little group; but a bystander who had been present at the trial, said loud enough to be heard by both:

"It looks like pretty poor business for a big corporation to try to send a boy to jail in order that he may be robbed of his property."

"You're a sensible man," Joe cried, approvingly, as he insisted on shaking hands with the stranger, "an' if the time ever comes when me or my mate can do you a good turn we'll be glad."

After this the four walked to the hotel, for Skip was sadly in need of food, and Joe said, in a tone of satisfaction:

"I'm willin' to bet considerable that when we get back to Farley's we'll find as how Wright has gone somewhere on business, an' the cashier is takin' a vacation. Bill will show my telegram to everybody what comes in, and the whole town will be agin 'em."

"If the company wins the suit, Mr. Wright won't care very much about what is said, for with two mines he will be the boss of this section," Sam replied. "I don't bother with anything at Farley's jest now; the company can run matters to please themselves, if they fail to cheat us out of our property."

Now that one cause for anxiety was removed the partners devoted more time to discussing the question of title, and before night-fall had succeeded in making themselves feel decidedly uncomfortable.

During the evening Mr. Hunter called with cheering news.

"Among the subscribers I have found four gentlemen of means, who will advance the funds necessary for defending the suit, provided they are allowed a certain additional amount of stock in case of success. The four owners of the property must sign an agreement to that effect, and the business is settled."

"How will that affect our interest?" Fred asked.

"I think an equitable arrangement would be to give you jointly one-half the amount of stock issued, and with the remainder there will be no difficulty in raising sufficient to open and operate the mine."

"Is that a fair division? We know very little about such things."

"If there had been no trouble your share would be larger; but, under the circumstances, I think the proposition a generous one."

"Then we are satisfied," Joe replied. "Bring on your documents so we can sign 'em, for I want to get back to-morrow."

"I will write the agreement, and go to Farley's with you on the first train. Money for your personal expenses is to be advanced, and here is an installment. When it is gone come to me for more."

"A hundred dollars!" Joe exclaimed, as he counted the bills. "We can't complain but that your subscribers are doing the thing in good style."

"So they should since a large amount of money is to be made, if we are successful with the suit."

Then Mr. Hunter left the partners, and Skip, who was already looked upon as a member of the new company, and they found ample material for conversation until it was time to retire.

Next morning the party started for Farley's in company with the lawyer and one of the gentlemen who proposed to advance the capital.

There were only a few people at the depot; but from them Sam received a most cordial welcome. Men whom he had never spoken to before congratulated him upon the happy result of the trial, and many were the harsh words spoken against the superintendent and cashier.

After he ran home to see his mother for a moment the four partners assembled in Bill's chamber, and there the necessary documents were drawn up.

"I have already applied for a charter," Mr. Hunter said, when all had signed, "and it only remains to win the case before opening the mine."

"You'll keep us posted about what is goin' on?" Bill asked, and the lawyer replied in the affirmative, when he and the prospective stockholder took their departure, leaving the boys and Joe to gratify the invalid's curiosity concerning the happenings at Blacktown.

On this day Fred saw Chunky for the first time since the discovery of the vein, and the breaker boy expressed his satisfaction at the result of the trial.

"I knowed Sam wouldn't steal money," he said, emphatically; "but it looked one spell as if they'd prove it on him."

"If it hadn't been for Skip matters never would have been made so plain, and even if he was acquitted, some folks might have thought him guilty."

"Yes, Skip did a good job there," Chunky said, reflectively. "It's funny he made such great friends with you fellers after bein' so wild to serve you out. He's left the regulators, too, an' now I can be captain, if I want to."

"Why, I thought that foolish business had all been done away with."

"Not much it ain't. We can get along without Skip, an' not half try."

"Don't have anything to do with such fellows, Chunky. You'll only get into trouble, and the time is sure to come when, like Skip, you'll be sorry for ever having had any connection with them."

"He didn't run the concern same's I'm goin' to do, if I get to be captain," Chunky replied, with a mysterious gesture, and then he hurried away in the direction of the breaker.

During the week which followed Sam's acquittal nothing of especial interest occurred. Bill was getting along as well as could have been expected; but both he and his partners were decidedly dejected as to the result of Mr. Wright's claim.

As the days passed they grew more despondent, until Mrs. Byram insisted that nothing more be said about the suit in the presence of the invalid, because his extreme nervousness tended to excite fever.

Then came the day on which a telegram was received from Mr. Hunter, requesting one or more of the partners to call at his office, and Joe and Fred made ready to answer the summons.

"Don't keep me waiting for the news," Bill said sharply. "I can't help thinkin' Wright will spring some kind of a game on us, if he thinks there's any chance this scheme might fail."

"If we're wanted on that business you shall hear the minute we know about it," Joe replied, and then he and Fred started, preferring to walk rather than wait for the train.

Contrary to Brace's belief, both Mr. Wright and the cashier had remained at Farley's after the trial. It is possible they heard a few unwelcome truths; but, as a rule, those who were forced to work under them did not dare to speak too plainly.

Neither Joe nor Fred had seen the gentlemen since they stepped on board the cars at Blacktown, but now they were met face to face when the travelers arrived at the out-cropping vein.

The superintendent nodded carelessly, much as he would have done toward a stranger, while his companion deliberately turned his back upon the new-comers.

Joe whistled as he passed on, to show how little concern he felt at meeting the two whom he considered enemies, but he whispered to Fred when they were farther down the mountain:

"I want to know what them fellers are doin' out here. It looks as if some crooked work was goin' on."

"They can't run away with the vein," Fred replied laughingly, "and I don't see how their being in this vicinity can hurt us."

"Nor I; but it won't do any harm to watch 'em. They're none too honest to play any kind of a mean trick."

"It's too late to turn now, for they'd surely know what we were up to."

"We can keep on a little farther, an' then double back under cover of the trees."

"All right. I don't suppose it will make much difference if we loaf a bit."

Joe walked straight ahead until they were within shelter of a line of foliage, and then turning sharply to the left, circled around the side of the mountain to a point just above the vein, where the two men could be plainly seen, while the watchers were hidden among the bushes.

Mr. Wright and the cashier at first sight appeared to be walking aimlessly to and fro, as if calculating the width of the coal mine, and now and then the former stooped to pull up a stake, which he placed in another position.

"It looks as if they was figgerin' how wide the slope would have to be," Joe whispered. "I reckon we've wasted our time sneakin' over here."

"They are moving the stakes driven by the surveyors!" Fred exclaimed, after a brief pause.

"But what good will that do 'em?"

"I don't know; of course, the lines can be run again by any one; but there must be a scheme in it, for Mr. Wright wouldn't be out here unless something could be gained by it."

"They've got no right on our land, an' I'll warn them off," Joe said, as he arose excitedly to his feet.

"Don't so much as show yourself. We'll hurry on to see Mr. Hunter; he'll know what is up."

"Come on, then, an' be quick about it, for there's no tellin' when these tricks are dangerous."

The miner and the boy literally ran down the hill, slackening not the pace until forced to do so, and both were nearly breathless when they neared the lawyer's office.

Before Mr. Hunter could speak Joe told what had been seen, and that gentleman grew quite as excited as were the others.

"I learned yesterday that Wright had bought a strip of land near yours, regardless of the fact that he claims to own this side of the mountain, and has ordered a force of workmen there immediately. We now know he is changing the surveyor's stakes in order to erect buildings on our tract, and thus force us to become plaintiffs instead of defendants.

"How would that benefit him?"

"In several ways which I have not time to explain. Wait here until I return."

Then Mr. Hunter left the office in great haste, and Fred and Joe looked at each other in dismay.

CHAPTER XXXIII

VICTORIOUS

The lawyer did not return for several hours, and then he said:

"I have sent for surveyors, and we will run our own lines early to-morrow morning, after which an officer shall be stationed there to warn him from encroaching. You must be on the spot as early as possible to attend to matters."

"He'll find us when the sun comes up. Was this why you sent the telegram?"

"I wanted to discover what he meant by the hiring of carpenters and the ordering of lumber; but that you have already done."

"When will the case be tried?"

"Next week I think; but that is of minor importance just now. The supposed location of the purchase is to be pointed out to the surveyors, therefore one of you must remain here until they arrive.

"When do you expect them?"

"On the first train to-morrow."

"Fred can wait for 'em, an' I'll leave in time to get there by daylight."

"Very well; make your preparations to stay until I send word that it is no longer necessary."

Joe and Fred left the office to purchase such provisions as might be needed while holding possession of the disputed property, and when this had been done the question arose as to how word could be sent to Bill.

"The story is too long for a telegram," Fred said, "so suppose we say by wire that there is nothing particularly new, and write a letter?"

"Go ahead. I ain't much of a fist with a pen, so while you're tellin' the yarn I'll send the message."

Joe retired early in order to be in readiness for the journey, and Fred was not awake when, shortly after midnight, he slipped out of the house.

It was not an easy matter to find his way in the darkness; but he finally succeeded after straying from the right course several times, and was thoroughly astonished at finding half a dozen men already in possession.

A small amount of lumber was scattered here and there, as if placed in readiness to be used, and a temporary camp had been erected close beside the coal vein.

The men had but just awakened when he arrived, and in reply to his angry question of why they were there, one of them asked impudently:

"What business is it of yours?"

"I happen to own a quarter of this land, an' it'll be hot for all hands if there's any attempt at puttin' up a building."

"It'll take us about two minutes to clean you out, an' we'll do it, if you so much as yip again."

Joe was literally trembling with rage. He fancied a portion of his title to the tract would be lost, if he did not drive the intruders away, and before the spokesman had time to defend himself against an attack, the miner knocked him headlong with one well-directed blow. Then, picking up an axe which lay near by, he made such a furious onslaught upon the remainder of the party that they scattered in every direction.

Instead of following, he chopped and tore at the camp until it was demolished, and then destroyed all the provisions it had contained, in addition to pounding into shapeless masses the tin cooking utensils.

By this time the carpenters got their scattered forces together and were marching in a body against the man who had put them to flight.

In the immediate vicinity of the camp were stored nearly all the tools, and, standing over these, Joe shouted:

"As true as my name's Brace I'll kill the first man who comes here," and he brandished the axe above his head.

"Don't be a fool!" some one cried. "What can you do against the crowd?"

"Split open the head of the first who comes within strikin' distance. After that has been done you may manage to get the best of me; but one is sure to go down – which shall it be?"

None of the party cared to prove the truth of Joe's threat, and they fell back a short distance, giving him an opportunity to intrench himself behind the fragments of the camp.

The miner took care to gather the tools around him so they could not be seized in case a sudden rush was made, and then, as he afterward said, "read the riot act" to the trespassers.

Matters were in this condition when Fred and the surveyors arrived.

The carpenters were seated on the ground a short distance away, while Joe remained perched on the ruins of the hut calmly smoking his pipe; but prepared for any attack, however sudden.

"Go back to Blacktown and tell the lawyer to send some officers," the miner cried, "These beauties are countin' on buildin' a house right here, I'll hold 'em off till they can be arrested."

"Oh, yes you will," one of the party shouted. "Wait till the crowd get here from Farley's, an' then we'll see who runs this place."

Joe brandished his axe, as an intimation of what he was prepared to do, and cried to Fred who stood in silent astonishment a few paces away:

"Hurry on, lad, there's no time to be lost!"

This roused Fred to a sense of the necessity for immediate action, and he started off at full speed.

The surveyors thinking quite naturally that they were not included in the hostilities, made ready to perform the work for which they had been engaged; but no sooner were the instruments set up than the carpenters made a dash at them, crying:

"If we have to lay still you shall do the same. Stand back an' wait till Mr. Wright comes."

"Stick to your job, an' if one will help me, I'll get rid of the whole boiling," Joe cried as he advanced.

"Look here, my friend," the elder of the surveying party said in a low tone, "I understand something about this fight, and don't propose to get mixed up in what isn't really any of my business. We'll run the lines, if nobody molests us; but won't put ourselves out to do it."

"Then I can't count on you?"

"Not at all; this is too serious business for us to be involved in. If you want to buy a good revolver, though, I'll sell one cheap, and take my pay when we meet in Blacktown.

"You're a brick," Joe cried, enthusiastically. "Give me the shooter, an' I'll guarantee to pay any price for it."

The weapon was delivered, and the miner left his fortification, marching directly toward the enemy.

"I give you a fair warnin' to clear out," he said, leveling the revolver. "This is my land, an' I order every one to leave. These surveyors are here to run the lines for my partners an' me. The first who interferes with em' will get a ball. I ain't talkin' foolish, for you know the law will uphold me in defendin' my own. Now begin the job," he added, to the surveying party, "an' we'll see who wants to have trouble."

This argument was understood by Mr. Wright's adherents, and they kept at a respectful distance, while the others did their work.

New stakes were set up without any regard to those already in position, and the labor had but just been completed when the superintendent and two members of his company arrived.

"Why are you not at work?" he asked one of the carpenters.

For reply the man pointed toward Joe, who was pacing to and fro on what he believed to be the boundary line of his property.

"Get those timbers up," Mr. Wright cried angrily.

"You may drag them off; but the first one who dares so much as raise a joist for any other purpose, shall suffer!" Joe shouted.

"Knock that fellow down! What business has he here?" and the superintendent's voice trembled with suppressed fury.

"I'm where I belong, an' seein's how your men don't dare do the knockin' down, s'pose you take a hand at it."

Mr. Wright advanced as if to act upon the suggestion; but before he reached the imaginary line the miner shouted:

"If you put a foot on this land I'll shoot. Send your crowd home, and then if you want to tackle me I'll throw the revolver down, an' meet you half way."

The superintendent paid no attention to this remark, save to halt on the safe side of the danger line, where he whispered a few words to one of his men, and the latter started at full speed for Farley's.

"I reckon my jig is about up," Joe muttered to himself. "He's sent for help, an' they're bound to bring what'll be of more service than this revolver."

The surveyors, evidently believing there was no especial reason why they should stay, now matters were nearing a crisis, took their departure, and the miner was once more left alone to defend his rights. Ten minutes later Fred appeared from among the trees, followed by five determined looking men, and Joe's cheers were not ended when Mr. Hunter came in view.

The lawyer shook hands with the miner as he said:

"You've saved us what might have been a bad mess. Now we have a reasonably large force, and can hold out until an injunction is procured."

"Are you likely to get one soon?"

"A clerk will bring it in a short time. The application has been granted, and the only delay is while the papers can be made out."

"I'm glad of that, for Wright has sent after more help, an' when it comes things are likely to be hot."

Mr. Hunter now advanced and held a long conversation with the superintendent and his friends, at the conclusion of which he ordered Joe to have the lumber dragged from the tract staked out by the surveyors.