The Heritage of the Hills

"Who wouldn't," thought Oliver, but bit his lips instead of speaking.

"You may leave that, Mr. Drew," she told him, "until you get ready to replace the old door with a new one. I would not have the irrefutable evidence of at least one conquest blotted out for worlds. Now let's go out in that glorious sunlight, and I'll tell you about Old Man Selden and the Poison Oakers."

CHAPTER V

"AND I'LL HELP YOU!"

What Jessamy Selden told Oliver Drew of the Poison Oakers was about the same as he had heard from Damon Tamroy.

She used his sawbuck for a seat, and sat with one booted ankle resting on a knee, idly spinning the rowel of her spur as she talked. Oliver listened without interruption until she finished and once more levelled that straightforward glance at him.

"The cows have been down below on winter pasture," she added. "Adam Selden and the boys rode out yesterday to start the spring drive into the foothills. You'll awake some morning soon to find red cattle all about you, and they'll be here till August."

"Well," he said, "I don't know that I shall mind them. My fence is pretty fair, and with a little more repairing will turn them, I think."

She twirled her rowel in silence for a time, her eyes fixed on it. Then she said:

"It isn't that, Mr. Drew. I may as well tell you right now what I came down here purposely to tell you. You're not wanted here. All of this land has been abandoned so long that Adam Selden and the gang have come to consider it their property – or at least free range."

"But they'll respect my right of ownership."

"I don't know – I don't know. I'm afraid they won't. They're a law unto themselves down in here. They'll try to run you out."

"How?"

"Any way – every way. If nothing else occurs to them, they'll begin a studied system of persecution with the idea of making you so sick of your bargain that you'll pull stakes and hit the trail. That poor man Dodd! Mr. Tamroy told me you happened into the saloon in time to see the shooting. Wasn't it terrible! And how they persecuted him – fairly drove him into the rash act that cost him his life!"

She lifted her glance again. "Mr. Tamroy tells me that you were shocked at me that day."

"I guess I didn't fully understand the circumstances."

"I did," she firmly declared, her lips setting in what would have been a grim smile but for the dimples that came with it. "I understood the situation," she went on. "Digger Foss had been waiting for just that chance. There's just enough Indian and Chinese blood in him to make him a fatalist. He's therefore deadly. Has no fear of death. He's cruel, merciless. I knew when I saw Henry Dodd covering him with that gun that, if he didn't finish what he'd started, he was a dead man. He couldn't even have backed off gracefully, keeping Digger covered, and got away alive. Digger is so quick on the draw, and his aim is so deadly. He's a master gunman. Even had Dodd succeeded in getting away then, he would have been a marked man. He had thrown down on Digger Foss. Digger would have got the drop on him next time they met and killed him as you would a coyote. So in my excitement I rushed in with my well meant warning, and – Oh, it was horrible!"

"And you meant actually for Dodd to kill Foss?"

Her black eyes dilated, and an angry flush blended with the tan on her cheeks.

"It was one or the other of them," she told him coldly. "Mr. Dodd was an honest, plodding man – a good citizen. Foss is a renegade. Was I so very bloodthirsty in trying to make the best of a bad situation by choosing, on the spur of the moment, which man ought to live on? I'm not the fainting kind of woman, Mr. Drew. One must be practical, if he can, even over matters like that."

"I'm not condemning," he said. "I'm only wondering that a woman could be so practical in such a situation."

"Digger Foss hasn't seen me since then," she observed. "He's in jail, awaiting trial, at the county seat. He'll be acquitted, of course. I'm wondering what he'll have to say to me when he is free again."

Oliver said nothing to this.

"I must be going," she declared, rising suddenly. "As I said, I came down to warn you to be on your guard against the Poison Oakers."

He caught her pony and led it to her. She swung into the saddle, then slued toward him, leaned an elbow on the horn and rested her chin in the palm of her hand. Once more that direct gaze of her frank black eyes looked him through and through.

"Well," she asked, "will the Poison Oakers run you off?"

"Oh, I think not," he laughed lightly.

"They'll be ten against one, Mr. Drew."

"There's law in the land."

"Yes, there's law," she mused. "But it's so easy for unscrupulous people to get around the law. They can subject you to no end of persecution, and you won't even be able to prove that one of them is behind it."

She looked him over deliberately.

"I'm glad you've come," she said. "You're an educated man, and blessed with a higher order of character than has been anybody else who stood to cross the Poison Oakers. Somehow, I feel that you are destined to be their undoing. They must be corralled and their atrocities brought to an end. You must be the one to put the quietus on that gang. And I'll help you. Good-bye!"

She lifted the white mare into a lope, opened the gate, rode through and closed it without leaving the saddle, then, waving back at him, disappeared in the chaparral.

CHAPTER VI

ACCORDING TO THE RECORDS

Oliver Drew had found a bee tree on the backbone of the ridge between the Old Ivison Place and the American River. He stood contemplating it, watching the busy little workers winging their way to and from the hole in the hollow trunk, planning to change their quarters and put them to work for him.

Far below him, down a precipitous pine-studded slope, the green American River raced toward the ocean. There had been a week of late rains, and good grass for the summer was assured.

Away through the tall trees below him he saw red cows filtering along, cropping eagerly at the lush growth after a long dusty trip from the drying lowlands. Now and then he saw a horseman galloping along a mile distant. He heard an occasional faint shout, borne upward on the soft spring wind. The Seldens were ending the drive of their cattle to summer pastures.

He turned suddenly as he heard the tramp of hoofs. Six horsemen were approaching, along the backbone of the ridge, winding in and out between clumps of the sparse chaparral.

In the lead, straight and sturdy as some ancient oak, rode a tall man with grey hair that hung below his ears and a flowing grey beard. He wore the conventional cowpuncher garb, from black-silk neckerchief, held in place by a poker chip with holes bored in it, to high-heeled boots and chaps. He rode a gaunt grey horse. His tapaderos flapped loosely against the undergrowth, and, so long were the man's legs, they seemed almost to scrape the ground. A holstered Colt hung at the rider's side.

Silent, stern of face, this old man rode like the wraith of some ancient chieftain at the head of his hard-riding warriors.

Those who followed him were younger men, plainly vaqueros. They lolled in their saddles, and smoked and bantered. But Oliver's eyes were alone for the stalwart figure in the lead, who neither spoke nor smiled nor paid any attention to his band, but rode on grimly as if heading an expedition into dangerous and unknown lands.

Undoubtedly this was Old Man Selden and his four sons, together with other members of the Poison Oakers Gang. They had left the cows to themselves and were making their way homeward after the drive. Oliver's first impulse was to hide behind a tree and watch, for he felt that he should forego no chance of a strategic advantage. Then he decided that it was not for him to begin manœuvring, and stood boldly in full view, wondering whether the riders would pass without observing him.

They did not. He heard a sharp word or two from some follower of the old man, and for the first time the leader showed signs of knowing that he was not riding alone. He slued about in his saddle. A hand pointed in Oliver's direction. The old man reined in his grey horse and looked toward Oliver and the bee tree. The other horsemen drew up around him. There was a short consultation, then all of them leaned to the right in their saddles and galloped over the uneven land.

They reined in close to the lone man, and a dusty, sweaty, hard-looking clan they were. Keen, curious eyes studied him, and there was no mistaking the insolent and bullying attitude of their owners.

A quick glance Oliver gave the five, then his interest settled on their leader.

Adam Selden was a powerful man. His nose was of the Bourbon type, large and deeply pitted. His eyes were blue and strong and dominating.

"Howdy?" boomed a deep bass voice.

Oliver smiled. "How do you do?" he replied.

Then silence fell, while old Adam Selden sat rolling a quid of tobacco in his mouth and studying the stranger with inscrutable cold blue eyes.

"I've found a bee tree," said Oliver when the tensity grew almost unbearable. "I was just figuring on the best way to hive the little rascals."

Selden slowly nodded his great head up and down with exasperating exaggeration.

"Stranger about here, ain't ye?" he asked.

"Well, I've been here over a month," Oliver answered. "I own the Old Tabor Ivison Place, down there in the valley. My name is Oliver Drew, and I guess you're Mr. Selden."

Another long pause, then —

"Yes, I'm Selden. Them's my cows ye see down there moseyin' up the river bottom and over the hills. I been runnin' cows in here summers for a good many years. Just so!"

"I see," said Oliver, not knowing what else to say.

"Three o' these men are my boys," Selden drawled on. "The rest are friends o' ours. Has anybody told ye about the poison oak that grows 'round here?"

"I'm familiar with it," Oliver told him.

"Ain't scared o' poison oak, then?"

"Not at all. I'm immune."

"It's a pesterin' plant. You'll chafe under it and chafe under it, and think it's gone; then here she comes back again, redder and lumpier and itchier than ever."

"I'm quite familiar with its persistence," Oliver gravely stated.

"And still ye ain't afraid o' poison oak?"

"Not in the least."

The gang was grinning, but the chief of the

Poison Oakers maintained a straight face.

"Ain't scared of it, then," he drawled on. "Well, now, that's handy. I like to meet a man that ain't scared o' poison oak. Got yer place fenced, I reckon?"

"Yes, I've repaired the fence."

"That's right. That's always the best way. O' course the law says we got to see that our stock don't get on your prop'ty. Whether that there's a good and just law or not I ain't prepared to say right now. But we got to obey it, and we always try to keep our cows offen other folks' pasture. But it's best to fence, whether ye got stock o' yer own or not. Pays in the long run, and keeps a fella outa trouble with his neighbours. But the best o' fencin' won't keep out the poison oak. O' course, though, you know that. Now what're ye gonta do down there on the Old Ivison Place? – if I ain't too bold in askin'."

"Have a little garden, and maybe get a cow later on. Put a few stands of bees to work for me, if I can find enough swarms in the woods. I have a saddle horse and a burro to keep the grass down now. I don't intend to do a great deal in the way of farming."

"I'd think not," Selden drawled. "Land about here's good fer nothin' but grazin' a few months outa the year. Man would be a fool to try and farm down where you're at. How ye gonta make a livin'? – if I'm not too bold in askin'."

"I intend to write for agricultural papers for my living," said Oliver.

Silence greeted this. So far as their experience was concerned, Oliver might as well have stated that he was contemplating the manufacture of tortoise-shell side combs to keep soul and body to their accustomed partnership.

"How long ye owned this forty?" Old Man Selden asked.

"Only since my father's death, this year."

"Yer father, eh? Who was yer father?"

"Peter Drew, of the southern part of the state."

"How long'd he own that prop'ty before he died?"

"He owned it for some time, I understand," said Oliver patiently.

The grey head shook slowly from side to side. "I can show ye, down to the county seat, that Nancy Fleet – who was an Ivison and sister o' the woman I married here about four year ago – owned that land up until the first o' the year, anyway. It was left to her by old Tabor Ivison when he died. That was fifteen year ago, and I've paid the taxes on it ever since for Nancy Fleet, for the privilege o' runnin' stock on it. I paid the taxes last year. What 'a' ye got to say to that?"

Oliver Drew had absolutely nothing to say to it. He could only stare at the gaunt old man.

"But I have the deed!" he burst out at last.

"And I've got last year's tax receipts," drawled Adam Selden. "Ye better go down to the county seat and have a look at the records," he added, swinging his horse about. "Then when ye've done that, I'd like a talk with ye. Just so! Just so!"

He rode off without another word, the gang following.

Early next morning Oliver was in the saddle. As Poche picked his way out of the cañon Oliver espied Jessamy Selden on her white mare, standing still in the county road.

"Good morning," said the girl. "You're late. I've been waiting for you ten minutes."

Oliver's lips parted in surprise, and she laughed good-naturedly.

"I thought you'd be riding out early this morning," she explained, "so I rode down to meet you. I feel as if a long ride in the saddle would benefit me today. Do you mind if I travel with you to the county seat?"

He had ridden close to her by this time, and offered his hand.

"You like to surprise people, don't you?" he accused. "The answer to your question is, I do not mind if you travel with me to the county seat. But let me tell you – you'll have to travel. This is a horse that I'm riding."

She turned up her nose at him. "I like to have a man talk that way to me," she said. "Don't ever dare to hold my stirrup for me, or slow down when you think the pace is getting pretty brisk, or anything like that."

"I wouldn't think of such discourtesy," he told her seriously. "You noticed that I let you mount unaided the other day. I might have walked ahead, though, and opened the gate for you if you hadn't loped off."

"That's why I did it," she demurely confessed. "I'm rather proud of being able to take care of myself. And as for that wonderful horse of yours, he does look leggy and capable. But, then, White Ann has a point or two herself. Let's go!"

Their ponies took up the walking-trot of the cattle country side by side toward Halfmoon Flat.

"Well," Oliver began, "of course my meeting you means that you know I've had an encounter with Adam Selden, and that he has told you he doubts if I am the rightful owner of the Tabor Ivison Place."

"Yes, I overheard his conversation with Hurlock last night," she told him. "So I thought I'd ride down with you, sensing that you would be worried and would hit the trail this morning."

"I am worried," he said. "I can't imagine why your step-father made that statement."

"Just call him Adam or Old Man Selden when you're speaking of him to me," she prompted. "Even the 'step' in front of 'father' does not take away the bad taste. And you might at least think of me as Jessamy Lomax. I will lie in the bed I made when I espoused the name of Selden, for it would be stupid to go about now notifying people that I have gone back to Lomax again. My case is not altogether hopeless, however. You are witness that I have a fair chance of some day acquiring the name of Foss, at any rate. So you are worried about the land tangle?"

"What can it mean?" he puzzled.

"This probably is not the first instance in which a deed has not been recorded promptly," she ventured. "That won't affect your ownership. Personally I know that Aunt Nancy Fleet's name appears in the records down at the county seat as the owner of the property. She sold it to your father, doubtless, and the transfer never was recorded. Where is your deed?"

He slapped his breast.

"See that you keep it there," she said significantly.

"You say you know that your Aunt Nancy Fleet is named as owner of the property in the county records?"

She nodded.

"Then she has allowed Adam Selden to believe that she still owns it!" he cried. "And this is proved by reason of her having allowed him to pay the taxes for the right to run stock on the land."

She nodded again.

He wrinkled his brows. "It would seem to be a sort of conspiracy against Adam Selden by your Aunt Nancy and – " He paused.

"And who?"

"Well, it's not like my father's business methods to allow a deed to go unrecorded for fifteen years," he told her. "Not at all like Dad. So I must name him as a party to this conspiracy against old Adam. But what is the meaning of it, Miss Selden?"

"I'm sure I am not in a position to say," she replied lightly. "Some day, when you've got things to running smoothly down there, I'll take you to see Aunt Nancy. She lives up in Calamity Gap – about ten miles to the north of Halfmoon Flat. Maybe she can and will explain."

He regarded her steadily; but for once her eyes did not meet his, though he could not say that this was intentional on her part.

"By George, I believe you can explain it!" he accused.

"I?"

"You heard me the first time."

"Did you learn that expression at the University of California or in France?"

"I stick to my statement," he grumbled.

"Do so, by all means. Just the same, I am not in a position to enlighten you. But I promise to take you to Aunt Nancy whenever you're ready to go. There's an Indian reservation up near where she lives. You'll want to visit that. We can make quite a vacation of the trip. You'll see a riding outfit or two that will run close seconds to yours for decoration and elaborate workmanship. My! What a saddle and bridle you have! I've been unable to keep my eyes off them from the first; but you were so busy with your land puzzle that I couldn't mention them. I've seen some pretty elaborate rigs in my day, but nothing to compare with yours. It's old, too. Where did you get it?"

"They were Dad's," he told her. "He left them and Poche to me at his death. I must tell you of something that happened when I first showed up in Halfmoon Flat in all my grandeur. Do you know Old Dad Sloan, the 'Forty-niner?"

She nodded, her glance still on the heavy, chased silver of his saddle.

Then Oliver told her of the queer old man's mysterious words when he saw the saddle and bridle and martingales, and the stones that were set in the silver conchas.

She was strangely silent when he had finished. Then she said musingly:

"The lost mine of Bolivio. Certainly that sounds interesting. And Dan Smeed, squawman, highwayman, and outlaw. The days of old, the days of gold – the days of 'Forty-nine! Thought of them always thrills me. Tell me more, Mr. Drew. I know there is much more to be told."

"I'll do it," he said; and out came the strange story of Peter Drew and his last message to his son.

Her wide eyes gazed at him throughout the recital and while he read the message aloud. They were sparkling as he concluded and looked across at her.

"Oh, that dear, delightful, romantic old father of yours!" she cried. "You're a man of mystery – a knight on a secret quest! Oh, if I could only help you! Will you let me try?"

"I'd be only too glad to shift half the burden of finding the question and its correct answer to your strong shoulders," he said.

"Then we'll begin just as soon as you're ready," she declared. "I have a plan for the first step. Wait! I'll help you!"

Shortly before noon they dropped rein before the court house and sought the county recorder's office. Oliver gave the legal description of his land, and soon the two were pouring over a cumbersome book, heads close together.

To his vast surprise, Oliver found that his deed had been recorded the second day after his father's death, and that, up until that recent date, the land had appeared in the records as the property of Nancy Fleet.

"Dad's lawyers did this directly after his death," he said to Jessamy. "They sent the deed up here and had it recorded just before turning it over to me. Adam Selden hasn't seen it yet. Say, this is growing mighty mysterious, Miss Selden."

"Delightfully so," she agreed. "Now as you weren't expecting me to come along, have you enough money for lunch for two? If not, I have. We'd better eat and be starting back."

CHAPTER VII

LILAC SPODUMENE

Once more Oliver Drew rode out of Clinker Creek Cañon to find Jessamy Selden, straight and strong and dependable looking, waiting for him in her saddle. On this occasion he joined her by appointment.

She looked especially fresh and contrasty today. Her black hair and eyes and her red lips and olive skin, with the red of perfect health so subtly blended into the tan, always made her beauty rather startling. This morning she had plaited her hair in two long, heavy braids that hung to the bottom of her saddle skirts on either side.

Oliver's gaze at her was one of frank admiration.

"How do you do it?" he laughed.

"Do what?"

"Make yourself so spectacular and – er – outstanding, without leaving any traces of art?"

"Am I spectacular?"

"Rather. Different, anyway – to use a badly overworked expression. But what puzzles me is what makes you look like that. You seem perfectly normal, and nothing could be plainer than the clothes you wear. You're not beautiful, and you're too big both physically and mentally to be pretty. But I'll bet my hat you're the most popular young woman in this section!"

She regarded him soberly. "Are you through?" she asked.

"I've exhausted my stock of descriptive words, anyway," he told her.

"Then we'd better be riding," she said.

He swung Poche to the side of White Ann, and they moved off along the road, knee and knee.

"You're not offended?" he asked.

She threw back her head and laughed till Oliver thought of meadow larks, and robins calling before a shower.

"Offended! You must think me some sort of freak. Who ever heard of a woman being offended when a man admires her? I like it immensely, Mr. Oliver Drew. And if you can beat that for square shooting, there's no truth in me. But if you'll analyse my 'difference' you'll find it's only because I'm big and strong and healthy, and try always to shoot straight from the shoulder and look folks straight in the eye. That's all. Let's let 'em out!"

They broke into a smart gallop, and continued it up and down pine-toothed hills till they clattered into Halfmoon Flat.

Curious eyes met them, old men stopped in their tracks and leaned on their canes to watch, and folks came to windows and doors as they loped through the village.

"'Whispering tongues can poison truth,'" Jessamy quoted as they turned a corner and cantered up a hill toward a grove of pines on the outskirts of the town. "It seems odd that Adam Selden has not mentioned you to me. Surely some one has seen us together who would tell some one else who would tell Old Man Selden all about it. But not a cheep from him as yet."

"Have you any bosom friends in the Clinker Creek district?" he asked, not altogether irrelevantly.

"No, none at all. But I'm friends with everybody, though I have nothing in common with any one. I don't consider myself superior to the natives here about, but, just the same, they don't interest me. I'm speaking of the women. I like most of the men. I guess I'm what they call a man's woman. I can't sit and talk about clothes and dances, and gossip, and what one did on one's vacation last summer. It all bores me stiff, so I don't pretend it doesn't. Men, now – they can talk about horses and saddles and cows and cutting wood and prizefights and poker games and election – "

"And women and Fords," he interrupted.

She laughed and led the way into a little trail that snaked on up the hill between lilacs and buckeye trees to a little cabin half-hidden in the foliage.

They dismounted at the door and loosed their horses. Jessamy tapped vigorously on the panels. Again and again – and then there was heard a shuffling, unsteady step inside, and a cane thumped hollowly. Presently the door opened, and Old Dad Sloan bleared out at them from behind his flaring, mattress-stuffing hair and whiskers.