And to this day the traveller through Enteros may see pathetic evidence of their foolhardiness in a scattered lot of weather-worn and rusted wheel tires and hub bands.

Before midnight Scot and the doctor reached Sumner, having changed teams twice at Mexican _placitas_. Covering two hundred and sixty miles in less than thirty hours, Scot Moore had kept his word!

Unhappily, however, Joe Loving had become so weak that he died under the shock of the operation.

Now Scot Moore himself is dead and gone, but the memory of his heroic ride should live as long as n.o.ble deeds are sung.

CHAPTER II

A COW-HUNTERS' COURT

The recent death of Shanghai Rhett, at Llano, Texas, makes another hole in the rapidly thinning ranks of the pioneer Texas cow-hunters.

Cow-hunting in early days was the industry upon which many of the greatest fortunes of the State were founded, and from it sprang the great cattle-ranch industry that between the years 1866 and 1885 converted into gold the rich wild gra.s.ses of the tenantless plains and mountains of Texas, New Mexico, the Indian Territory, Kansas, Nebraska, Colorado, Wyoming, Dakota, and Montana.

The economic value of this great industrial movement in promoting the settlement and development of that vast region of the West lying between the ninety-eighth and one hundred and twentieth meridians, and embracing half the total area of the United States, is comprehended by few who were not personally familiar with the conditions of its rise and progress. There can be no question that the ranch industry hastened the occupation and settlement of the Plains by at least thirty years. Farming in those wilds was then an impossibility. Remote from railways, unmapped, and untrod by white men, it was under the sway of hostile Indians, before whose attacks isolated farming settlements, with houses widely scattered, would have been defenceless,--alike in their position and in their inexperience in Indian warfare. Then, moreover, there was neither a market nor means of transportation or the farmer's product. All these conditions the Texas cow-hunters changed, and they did it in little more than a decade.

In Texas were bred the leaders and the rank and file of that great army of cow-hunters whose destiny it was to become the pioneers of this vast region. Pistol and knife were the treasured toys of their childhood; they were inured to danger and to hardship; they were expert hors.e.m.e.n, trained Indian-fighters, reckless of life but cool in its defence; and thus they were an ideal cla.s.s for the pacification of the Plains.

Shanghai Rhett's death removed one of the comparatively few survivors of this most interesting and eventful past.

In Texas after the war, when Shang was young, a pony, a lariat, a six-shooter, and a branding iron were sufficient instruments for the acquisition of wealth. A trained eye and a practised hand were necessary for the effective use of pistol and lariat; the running iron anybody could wield; therefore, while a necessary feature of equipment, the iron was a secondary affair. The pistol was useful in settling annoying questions of t.i.tle; the horse and the lariat, in taking possession after t.i.tle was settled; the iron, in marking the property with a symbol of ownership. The property in question was always cattle.

Before the war, cattle were abundant in Texas. Fences were few.

Therefore, the cattle roamed at will over hill and plain. To determine ownership each owner adopted a distinctive "mark and brand." The owner's mark and brand were put upon the young before they left their mothers, and upon grown cattle when purchases were made. Thus the broad sides and quarters of those that changed hands many times were covered over with this barbarous record of their various transfers.

The system of marking and branding had its origin among the Mexicans.

Marking consists in cutting the ears or some part of the animal's hide in such a way as to leave a permanent distinguishing mark. One owner would adopt the "swallow fork," a V-shaped piece cut out of the tip of the ear; another, the "crop," the tip of the ear cut squarely off; another, the "under-half crop," the under half of the tip of the ear cut away; another, the "over-half crop," the reverse of the last; another, the "under-bit," a round nick cut in the lower edge of the ear; another, the "over-bit," the reverse of the last; another, the "under-slope," the under half of the ear removed by cutting diagonally upward; another, the "over-slope," the reverse of the last; another, the "grub," the ear cut off close to the head; another, the "wattle," a strip of the hide an inch wide and two or three inches long, either on forehead, shoulder, or quarters, skinned and left hanging by one end, where before healing it leaves a conspicuous lump; another, the "dewlap," three or four inches of the loose skin under the throat skinned down and left hanging.

Branding consists in applying a red-hot iron to any part of the animal for six or eight seconds, until the hide is seared. Properly done, hair never again grows on the seared surface and the animal is "branded for life." A small five-inch brand on a young calf becomes a great twelve-to-eighteen-inch mark by the time the beast is fully grown.

In Mexico the art of branding dates back to the time when few men were lettered and most men used a _rubrica_ mark or flourish instead of a written signature. Thus, in Mexico the brand is always a device, whatever complex combination of lines and circles the whim of the owner may conceive. In this country the brand was usually a combination of letters or numerals, though sometimes shapes and forms are represented.

Branding and marking cattle and horses is certainly a most cruel practice, but under the old conditions of the open range, where individual ownerships numbered thousands of head, no other means existed of contradistinguishing t.i.tle.

During the war these vast herds grew and increased unattended, neglected by owners, who were in the field with the armies of the Confederacy. So it happened that hundreds of thousands of cattle ranged the plains of Texas after the war, unmarked and unbranded, wild as the native game, to which no man could establish t.i.tle. This situation afforded an opportunity which the hard-riding and desperate men who found themselves stranded on this far frontier after the wreck of the Confederacy were quick to seize. Shang Rhett was one of them.

From chasing Federal soldiers they turned to chasing unbranded steers, and found the latter occupation no less exciting and much more profitable than the former.

First, bands of free companions rode together and pooled their gains.

Then the thrift of some and the improvidence of others set in motion the immutable laws of distribution. Soon a cla.s.s of rich and powerful individual owners was created, who employed great outfits of ten to fifty men each, splendidly mounted and armed. These outfits were in continually moving camps, and travelled light, without wagons or tents.

The climate being mild even in winter, seldom more than two blankets to the man were carried for bedding. The cooking paraphernalia were equally simple, at the most consisting of a coffee pot, a frying-pan, a stew kettle, and a Dutch oven. Each man carried a tin cup tied to his saddle. Plates, knives, and forks were considered unnecessary luxuries, as every man wore a bowie knife at his belt, and was dexterous in using his slice of bread as a plate to hold whatever delicacy the frying-pan or kettle might contain. Sometimes even the Dutch oven was dispensed with, and bread was baked by winding thin rolls of dough round a stick and planting the stick in the ground, inclined over a bed of live coals. Often the frying-pan was left behind, and the meat roasted on a stick over the fire; and no meat in the world was ever so delicious as a good fat side of ribs so roasted.

The wild, unbranded cattle were everywhere--in the cross-timbers of the Palo Pinto, in the hills and among the post oaks of the Concho and the Llano, on the broad savannas of the Lower Guadalupe and the Brazos, in the plains and mesquite thickets of the Nueces and the Frio. And through these wild regions, on the outer fringe of settlement, ranged the cow-hunters, as merry and happy a lot as ever courted adventure, careless of their lives.

Of adventure and hazard the cow-hunters had quite enough to keep the blood tingling. They had to deal with wild men as well as wild cattle.

Comanches and Kiowas, the old lords of the manor, were bitterly disputing every forward movement of the settler along the whole frontier. No community, from Griffin to San Antonio, escaped their attacks and depredations. Indeed, these incursions were regular monthly visitations, made always "in the light of the moon." A war party of naked bucks on naked horses, the lightest and most dexterous cavalry in the world, would slip softly near some isolated ranch or lonely camp by night. The cleverest and cunningest would dismount and steal swiftly in upon their quarry. Slender, sinewy, bronze figures creeping and crouching like panthers, crafty as foxes, fierce and merciless as maddened bulls, their presence was rarely known until the blow fell. Sometimes they were content to steal the settlers' horses, and by daylight be many miles away to the west or north. Sometimes they fired buildings and shot down the inmates as they ran out.

Sometimes they crept silently into camps, knifed or tomahawked one or more of the sleepers, and stole away, all so noiselessly that others sleeping near were undisturbed. Sometimes they lay in ambush about a camp till dawn, and then with mad war-whoops charged among the sleepers with their deadly arrows and tomahawks.

Against these wily marauders the cow-hunters could never abate their guard. And it was these same cow-hunters the Indians most dreaded, for they were tireless on a trail and utterly reckless in attack. It was not often the Indians got the best of them, and then only by ambush, or overwhelming numbers. Better armed, of stouter hearts in a stand-up fight, little bands of these cow-hunters often soundly thrashed war parties out-numbering them ten to one.

Then it not infrequently fell out that collisions occurred between rival outfits of cow-hunters, disputes over territory or cattle, which led to bitter feuds not settled till one side or the other was killed off or run out of the country. Battles royal were fought more than once in which a score or more of men were killed, wherein the _casus belli_ was a difference as to the ownership of a brindle steer.

These men were a law unto themselves. Courts were few and far between on the line of the outer settlements. Powder and lead came cheaper than attorneys' fees, and were, moreover, found to be more effective.

Thus the rifle and pistol were almost invariably the cow-hunters' court of first and last resort for disputes of every nature. Except in rare instances where there happened to be survivors among the families of the original plaintiff and defendant, this form of litigation was never prolonged or tiresome. When there were any survivors the case was sure to be re-argued.

Occasionally, of course, in the immediate settlements a case would be brought to formal trial before a judge and jury. While, as a rule, the procedure of these courts conformed to the statutes and was formal enough, rather startling informalities sometimes characterized their sessions. A case in point, of which Shang Rhett was the hero, occurred at Llano.

At that time the town of Llano could boast of only one building, a big rough stone house, loop-holed for defence against the Indians. Under this one roof the enterprising owner a.s.sembled a variety of industries and performed a variety of functions that would dismay the most versatile man of any older community. Here he kept a general store, operated blacksmith and wheelwright shops, served as post-master, ran a hotel, and sat as justice of the peace. Indeed, he got so much in the habit of self-reliance in all emergencies, that in more than one instance he subjected himself to some criticism by calmly sitting as both judge and jury in cases wherein he had no jurisdiction. Getting a jury at Llano was no easy task. Often the country for miles around might be scoured without producing a full panel.

Llano being the county seat, and this the only house in town, it somewhat naturally from time to time enjoyed temporary distinction as a court house, when at long intervals the Llano County court met. The accommodations, however, were inconveniently limited--so limited in fact that on one occasion at least they were responsible for a sad miscarriage of justice.

A murder trial was on. One of the earliest settlers, a man well known and generally liked, had killed a newcomer. It was felt that he had given his victim no chance for his life, else he probably would not have been brought to trial at all. And even in spite of the prevailing disapproval, there was an undercurrent of sympathy for him in the community.

However, court met and the case was called. Several settlers were witnesses in the case. It was, therefore, considered a remarkable and encouraging evidence of Llano County's growth in population when the District Attorney succeeded in raking together enough men for a jury.

At noon of the second day of the trial the evidence was all in, arguments of counsel finished, and the case given to the jury. The prisoner's case seemed hopeless. A clearly premeditated murder had been proved, against which scarcely any defence was produced.

Judge, jury, prisoner, and witnesses all had dinner together in the "court-room," which was always demeaned from its temporary dignity as a hall of justice, to the humble rank of a dining-room as soon as court adjourned. Directly after dinner the jury withdrew for deliberation, in custody of two bailiffs.

The house was large, to be sure, but its capacity was already so far taxed that it could not provide a jury room. It was therefore the custom of the bailiffs to use as a jury room an open, mossy glade shaded by a great live oak tree on the farther bank of the Llano, and distant two or three hundred yards from the court house. Here, therefore, the jury were conducted, the bailiffs retired to some distance, and discussion of a verdict was begun. In spite of the weight of evidence against him, two or three were for acquittal. The others said they were "d.a.m.ned sorry; Jim was a mighty good feller, but it 'peared like they'd have to foller the evidence." So the discussion pro and con ran on into the mid-afternoon without result.

It was an intensely hot afternoon, the air close and heavy with humidity, an hour when all Texans who can do so take a siesta. Judge and counsel were snoozing peacefully on the gallery of the distant court house, and the two bailiffs guarding the "jury room," overcome by habit and the heat, were stretched at full length on the ground, snoring in concert. This situation made the opportunity for a friend at court. Shang Rhett was the friend awaiting this opportunity.

Stepping lightly out of the brush where he had been concealed, a few paces brought him among the jurors.

"Howdy! boys?" Shang drawled. "Pow'ful hot evenin', ain't it!

Moseyin' roun' sort o' lonesome like, I thought mebbe so you fellers 'd be tired o' talkin' law, an' I'd jes' step over an' pa.s.s the time o'

day an' give you a rest."

A rude diplomat, perhaps, Shang was nevertheless a cunning one.

Several jurors expressed their appreciation of his sympathy and one answered: "Tired o' talkin'! Wall, I reckon so. I'm jes' tireder an'

dryer 'n if I'd been tailin' down beef steers all day. My ol' tongue's been a-floppin' till thar ain't nary 'nother flop left in her 'nless I could git to ile her up with a swaller o' red-eye, an--"

regretfully--"I reckon thar ain't no sort o' chanst o' that."

"Thar ain't, hey?" replied Shang, producing a big jug from the brush near by. "'Pears like, 'nless I disremember, thar's some red-eye in this yere jug."

Upon examination the jug was found to be nearly full; but, pa.s.sed and repa.s.sed around the "jury room," it was not long before the jug was empty, and the jury full.

Shrewdly seizing the proper moment before the jurors got drunk enough to be obstinate and combative, Shang made his appeal. "Fellers," he said, "I allows you all knows that Jim's my friend, an' I reckon you cain't say but what he 's been a mighty good friend to more'n one o'

you. Course, I know he got terrible out o' luck when he had t' kill this yer Arkinsaw feller. But then, boys, Arkinsawyers don't count fer much nohow, do they? Pow'ful onery, no account lot, sca'cely fit to practise shootin' at. We fellers ain't a-goin' to lay that up agin Jim, air we? We ain't a-goin' to help this yer jack-leg prosecutin'

attorney send ol' Jim up. Why, fellers, we knows well enough that airy one o' us might 'a done the same thing ef we'd been out o' luck, like Jim was, in meetin' up with this yer Arkinsawyer afore we'd had our mornin' coffee. What say, boys? Bein' as how any o' us might be in Jim's boots mos' any day, reckon we'll have to turn him loose?"

Shang's pathetic appeal for Jim's life clearly won outright more than half the jury, but there were several who, while their sympathies were with Jim, "'lowed they'd have to bring a verdic' accordin' to the evidence."

"Verdic'? Why, fellers," retorted Jim's advocate, "whar's the use of a fool verdic'? 'Sposin' we fellers was goin' to be verd.i.c.ked? This is a time for us fellers to stan' together, shua'. I'll tell you what le's do; le's all slip off inter th' brush, cotch our hosses an' pull our freight fer home. This yer court ain't goin' to git airy jury but us in Llano 'till a new one's growed, an' if we skip I reckon they'll have to turn Jim loose."

This alternative met all objections. In a moment the "jury room" was empty.

Shortly thereafter the two bailiffs, awakened by a clatter of hoofs over the rocky hills behind them, were doubly shocked to find the only tenant of the "jury room" an empty jug.

One of the bailiffs sighted some of the escaping jurors and opened fire; the other hastened to alarm the court. The latter, running toward the house, met the judge and counsel who had been roused by the firing, and yelled out: "Jedge, the hull jury's stampeded! Bill's winged two o' them. Gi' me a fast hoss an' a lariat an' mebbe so I'll cotch some more."