the same time I do claim an equity which rises from prior and
undisputed possession, and which has always and ought now to protect
my range from any outside invasion."
"Very likely, very likely," remarked Swope dryly. "And now, Judge, I
want to ask you another question before these witnesses. Did you or
did you not authorize your superintendent and foreman to threaten and
intimidate my men and me, with the idea of driving us off this public
land?"
"I did not," replied the judge, his mind suddenly filled with visions
of criminal proceedings. "On the contrary, I have repeatedly warned
them against any such action."
"At the same time," echoed Swope, quick to follow up his advantage,
"these men, who are your agents and employees, have systematically
moved my herders off this range by armed violence, and your foreman
has just now struck my brother, besides threatening to kill some of us
if we don't turn back. I want to tell you right now, Mr. Ware, that I
have consulted the best lawyers in this Territory as to my rights on
public lands, and you will be held personally responsible for any acts
of violence on the part of your employees. Now I want to ask you one
more question: Do you deny my right to pass through this range on my
way to the Sierra Blancas? You don't? Well then, call off these men!"
He paused and jerked his thumb toward Creede and Hardy, grinning
evilly, and as he spoke Creede crowded forward, his brow black as a
thunder cloud.
"I don't take orders from nobody," he cried vehemently, "not now, and
never will. I've got a few hundred head of cows on this range myself
and I intend to protect 'em if I have to kill somebody. You'll have to
git another foreman, Judge,--I've quit."
He shot a glance of pitying contempt at the man who had so stupidly
marred their fortunes, then he turned and fixed his burning eyes upon
his archenemy.
"Jim," he said, speaking quietly at last, "my father had ten thousand
head of cattle on this range before you sheepmen came--and that's all
I've got left. If you think you can sheep me out, go to it!"
He turned his horse's head toward Hidden Water, never looking back at
the sheep; and the cowmen fell in behind him, glad of an excuse to
retreat. What were a bunch of cowboys, armed with six-shooters, to
half a hundred sheepmen armed with repeating rifles and automatic
revolvers? No, it was better to let the sheep come, let them spread
out and scatter, and then jump the herde
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