The Spoilers (11 page)

“I don't understand it yet,” said Dextry.

“Why, it's this way. The Judge has issued what he calls an order enlarging the powers of the receiver, and it authorizes McNamara to take possession of everything on the claims—tents, tools, stores, and personal property of all kinds. It was issued last night without notice to our side, so Wheaton says, and they served it this morning early. I went out to see McNamara, and when I got there I found him in our private tent with the safe broken open.”

“‘What does this mean?' I said. And then he showed me the new order.

“‘ I'm responsible to the court for every penny of this money,' said he,' and for every tool on the claim. In view of that I can't allow you to go near the workings.'

“‘Not go near the workings?' said I. ‘ Do you mean you won't let us see the clean-ups from our own mine? How do we know we're getting a square deal if we don't see the gold weighed?'

“‘ I'm an officer of the court and under bond,' said he, and the smiling triumph in his eyes made me crazy.

“‘ You're a lying thief,' I said, looking at him square. ‘And you're going too far. You played me for a fool once and made it stick, but it won't work twice.'

“He looked injured and aggrieved and called in Voorhees, the marshal. I can't grasp the thing at all; everybody seems to be against us, the Judge, the marshal, the prosecuting attorney—everybody. Yet they've done it all according to law, they claim, and have the soldiers to back them up.”

“It's just as Mexico Mullins said,” Dextry stormed; “there's a deal on of some kind. I'm goin' up to the hotel an' call on the Judge myself. I'ain't never seen him nor this McNamara, either. I allus want to look a man straight in the eyes once, then I know what course to foller in my dealings.”

“You'll find them both,” said Glenister, “for McNamara rode into town behind me.”

The old prospector proceeded to the Golden Gate Hotel and inquired for Judge Stillman's room. A boy attempted to take his name, but he seized him by the scruff of the neck and sat him in his seat, proceeding unannounced to the suite to which he had been directed. Hearing voices, he knocked, and then, without awaiting a summons, walked in.

The room was fitted like an office, with desk, table, type-writer, and law-books. Other rooms opened from it on both sides. Two men were talking earnestly—one gray-haired, smooth-shaven, and clerical, the other tall, picturesque, and masterful. With his first glance the miner knew that before him were the two he had come to see, and that in reality he had to deal with but one, the big man who shot at him the level glances.

“We are engaged,” said the Judge, “very busily engaged, sir. Will you call again in half an hour?”

Dextry looked him over carefully from head to foot, then turned his back on him and regarded the other. Neither he nor McNamara spoke, but their eyes were busy and each instinctively knew that here was a foe.

“What do you want?” McNamara inquired, finally.

“I just dropped in to get acquainted. My name is Dextry—Joe Dextry—from everywhere west of the Missouri—an' your name is McNamara, ain't it? This here, I reckon, is your little French poodle—eh?” indicating Stillman.

“What do you mean?” said McNamara, while the Judge murmured indignantly.

“Just what I say. However, that ain't what I want to talk about. I don't take no stock in such truck as judges an' lawyers an' orders of court. They ain't intended to be took serious. They're all right for children an' Easterners an' non compos mentis people, I s'pose, but I've always been my own judge, jury, an' hangman, an' I aim to continue workin' my legislatif, executif, an' judicial duties to the end of the string. You look out! My pardner is young an' seems to like the idee of lettin' somebody else run his business, so I'm goin' to give him rein and let him amuse himself for a while with your dinky little writs an' receiverships. But don't go too far—you can rob the Swedes, 'cause Swedes ain't entitled to have no money, an' some other crook would get it if you didn't, but don't play me an' Glenister fer Scandinavians. It's a mistake. We're white men, an' I'm apt to come romancin' up here with one of these an' bust you so you won't hold together durin' the ceremonies.”

With his last words he made the slightest shifting movement, only a lifting shrug of the shoulder, yet in his palm lay a six-shooter. He had slipped it from his trousers band with the ease of long practice and absolute surety. Judge Stillman gasped and backed against the desk, but McNamara idly swung his leg as he sat sidewise on the table. His only sign of interest was a quickening of the eyes, a fact of which Dextry made mental note.

“Yes,” said the miner, disregarding the alarm of the lawyer, “you can wear this court in your vest-pocket like a Waterbury, if you want to, but if you don't let me alone, I'll uncoil its main-spring. That's all.”

He replaced his weapon and, turning, walked out the door.

W
E must have money,” said Glenister a few days later. “When McNamara jumped our safe he put us down and out. There's no use fighting in this court any longer, for the Judge won't let us work the ground ourselves, even if we give bond, and he won't grant an appeal. He says his orders aren't appealable. We ought to send Wheaton out to ‘Frisco and have him take the case to the higher courts. Maybe he can get a writ of supersedeas.”

“I don't rec'nize the name, but if it's as bad as it sounds it's sure horrible. Ain't there no cure for it?”

“It simply means that the upper court would take the case away from this one.”

“Well, let's send him out quick. Every day means ten thousand dollars to us. It 'll take him a month to make the round trip, so I s'pose he ought to leave tomorrow on the
Roanoke.”

“Yes, but where's the money to do it with? McNamara has ours. My God! What a mess we're in! What fools we've been, Dex! There's a conspiracy here. I'm beginning to see it now that it's too late, This man is looting our country under color of law. and figures on gutting all the mines before we can throw him off. That's his game. He'll work them as hard and as long as he can, and Heaven only knows what will become of the money. He must have big men behind him in order to fix a United States judge this way. Maybe he has the 'Frisco courts corrupted, too.”

“If he has, I'm goin' to kill him,” said Dextry. “I've worked like a dog all my life, and now that I've struck pay I don't aim to lose it. If Bill Wheaton can't win out accordin' to law, I'm goin' to proceed accordin' to justice.”

During the past two days the partners had haunted the court-room where their lawyer, together with the counsel for the Scandinavians, had argued and pleaded, trying every possible professional and unprofessional artifice in search of relief from the arbitrary rulings of the court, while hourly they had become more strongly suspicious of some sinister plot—some hidden, powerful understanding back of the Judge and the entire mechanism of justice. They had fought with the fury of men who battle for life, and had grown to hate the lines of Stillman's vacillating face, the bluster of the district-attorney, and the smirking confidence of the clerks, for it seemed that they all worked mechanically, like toys, at the dictates of Alec McNamara. At last, when they had ceased, beaten and exhausted, they were too confused with technical phrases to grasp anything except the fact that relief was denied them; that their claims were to be worked by the receiver; and, as a crowning defeat, they learned that the Judge would move his court to St. Michael's and hear no cases until he returned, a month later.

Meanwhile, McNamara hired every idle man he could lay hand upon, and ripped the placers open with double shifts. Every day a stream of yellow dust poured into the bank and was locked in his vaults, while those mine-owners who attempted to witness the clean-ups were ejected from their claims. The politician had worked with incredible swiftness and system, and a fortnight after landing he had made good his boast to Struve, and was in charge of every good claim in the district, the owners were ousted, their appeals argued and denied, and the court gone for thirty days, leaving him a clear field for his operations. He felt a contempt for most of his victims, who were slow-witted Swedes, grasping neither the purport nor the magnitude of his operation, and as to those litigants who were discerning enough to see its enormity, he trusted to his organization to thwart them.

The two partners had come to feel that they were beating against a wall, and had also come squarely to face the proposition that they were without funds wherewith to continue their battle. It was maddening for them to think of the daily robbery that they suffered, for the Midas turned out many ounces of gold at every shift; and more maddening to realize the receiver's shrewdness in crippling them by his theft of the gold in their safe. That had been his crowning stroke.

“We
MUST
get money quick,” said Glenister. “Do you think we can borrow?”

“Borrow?” sniffed Dextry. “Folks don't lend money in Alaska.”

They relapsed into a moody silence.

“I met a feller this mornin' that's workin' on the Midas,” the old man resumed. “He came in town fer a pair of gum boots, an' he says they've run into awful rich ground—so rich that they have to clean up every morning when the night shift goes off ‘cause the riffles clog with gold.”

“Think of it!” Glenister growled. “If we had even a part of one of those clean-ups we could send Wheaton outside.”

In the midst of his bitterness a thought struck him. He made as though to speak, then closed his mouth; but his partner's eyes were on him, filled with a suppressed but growing fire. Dextry lowered his voice cautiously:

“There'll be twenty thousand dollars in them sluices to-night at midnight.”

Glenister stared back while his pulse pounded at something that lay in the other's words.

“It belongs to us,” the young man said. “There wouldn't be anything wrong about it, would there?”

Dextry sneered. “Wrong! Right! Them is fine an' soundin' titles in a mess like this. What do they mean? I tell you, at midnight to-night Alec McNamara will have twenty thousand dollars of our money—”

“God! What would happen if they caught us?” whispered the younger, following out his thought. “They'd never let us get off the claim alive. He couldn't find a better excuse to shoot us down and get rid of us. If we came up before this Judge for trial, we'd go to Sitka for twenty years.”

“Sure! But it's our only chance. I'd ruther die on the Midas in a fair fight than set here bitin' my hangnails. I'm growin' old and I won't never make another strike. As to bein' caught—them's our chances. I won't be took alive—I promise you that—and before I go I'll get my satisfy. Castin' things up, that's about all a man gets in this vale of tears, jest satisfaction of one kind or another. It 'll be a fight in the open, under the stars, with the clean, wet moss to lie down on, and not a scrappin'-match of freak phrases and law-books inside of a stinkin' court-room. The cards is shuffled and in the box, pardner, and the game is started. If we're due to win, we'll win. If we're due to lose, we'll lose. These things is all figgered out a thousand years back. Come on, boy. Are you game?”

“Am I game?” Glenister's nostrils dilated and his voice rose a tone. “Am I game? I'm with you till the big cash-in, and Lord have mercy on any man that blocks our game to-night.”

“We'll need another hand to help us,” said Dextry. “Who can we get?”

At that moment, as though in answer, the door opened with the scant ceremony that friends of the frontier are wont to observe, admitting the attenuated, flapping, dome-crowned figure of Slapjack Simms, and Dextry fell upon him with the hunger of a wolf.

It was midnight and over the dark walls of the valley peered a multitude of stars, while away on the southern horizon there glowed a subdued effulgence as though from hidden fires beneath the Gold God's caldron, or as though the phosphorescence of Bering had spread upward into the skies. Although each night grew longer, it was not yet necessary to light the men at work in the cuts. There were perhaps two hours in which it was difficult to see at a distance, but the dawn came early, hence no provision had been made for torches.

Five minutes before the hour the night-shift boss lowered the gates in the dam, and, as the rush from the sluices subsided, his men quit work and climbed the bluff to the mess tent. The dwellings of the Midas, as has already been explained, sat back from the creek at a distance of a city block, the workings being thus partially hidden under the brow of the steep bank.

It is customary to leave a watchman in the pit during the noon and midnight hours, not only to see that strangers preserve a neutral attitude, but also to watch the waste-gates and water supply. The night man of the Midas had been warned of his responsibility, and, knowing that much gold lay in his keeping, was disposed to gaze on the curious-minded with the sourness of suspicion. Therefore, as a man leading a pack-horse approached out of the gloom of the creek-trail, his eyes were on him from the moment he appeared. The road wound along the gravel of the bars and passed in proximity to the flumes. However, the wayfarer paid no attention to them, and the watchman detected an explanatory weariness in his slow gait.

“Some prospector getting in from a trip,” he thought.

The stranger stopped, scratched a match, and, as he undertook to light his pipe, the observer caught the mahogany shine of a negro's face. The match sputtered out and then came impatient blasphemy as he searched for another.

“Evenin', sah! You-all oblige me with a match?” He addressed the watcher on the bank above, and, without waiting a reply, began to climb upward.