Outside the railing the seating capacity of the
court-room was rather small, rough, bare planks serving for seats, but
the spectators gladly stood along the sides and rear, eager to catch
every word, as they silently mopped the sweat which oozed alike from
citizen and cattleman. Forrest and I were concealed in the rear, which
was packed with Lovell's boys, when the judge walked in and court opened
for the hearing. Judge Mulqueen requested counsel on either side to be
as brief and direct as possible, both in their pleadings and testimony,
adding: "If they reach the stock-yards in time, I may have to load out
a train of feeders this evening. We'll bed the cars, anyhow." Turning to
the sheriff, he continued: "Frank, if you happen outside, keep an eye up
the river; those Lincoln feeders made a deal yesterday for five hundred
three-year-olds.--Read your complaint."

The legal document was read with great fervor and energy by the
younger of the two local lawyers. In the main it reviewed the situation
correctly, every point, however, being made subservient to their
object,--the possession of the cattle. The plaintiffs contended that
they were the innocent holders of the original contract between the
government and The Western Supply Company, properly assigned; that they
had purchased these two herds in question, had paid earnest-money to
the amount of sixty-five thousand dollars on the same, and concluded by
petitioning the court for possession. Sutton arose, counseled a moment
with Lovell, and borrowing a chew of tobacco from Sponsilier, leisurely
addressed the court.

"I shall not trouble your honor by reading our reply in full, but
briefly state its contents," said he, in substance. "We admit that the
herds in question, which have been correctly described by road brands
and ages, are the property of my client. We further admit that the two
trail foremen here under arrest as accessories were acting under the
orders of their employer, who assumes all responsibility for their acts,
and in our pleadings we ask this honorable court to discharge them from
further detention. The earnest-money, said to have been paid on these
herds, is correct to a cent, and we admit having the amount in our
possession. But," and the little advocate's voice rose, rich in its
Irish brogue, "we deny any assignment of the original contract. The
Western Supply Company is a corporation name, a shield and fence of
thieves. The plaintiffs here can claim