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glowed redly over the crest between them and Hymettus; Hamlin

said:



〃Another one of those forest fires。  It's this side of Black Spur;

and a big one; I reckon。〃



〃Do you know;〃 said Barker thoughtfully; 〃I was thinking of the

time the old cabin burnt up on Heavy Tree。  It looks to be about in

the same place。〃



〃Hush!〃 said Stacy sharply。





CHAPTER IX。





An abandoned tunnelan irregular orifice in the mountain flank

which looked like a dried…up sewer that had disgorged through its

opening the refuse of the mountain in red slime; gravel; and a

peculiar clay known as 〃cement;〃 in a foul streak down its side; a

narrow ledge on either side; broken up by heaps of quartz;

tailings; and rock; and half hidden in scrub; oak; and myrtle; a

decaying cabin of logs; bark; and cobblestonesthese made up the

exterior of the Marshall claim。  To this defacement of the

mountain; the rude clearing of thicket and underbrush by fire or

blasting; the lopping of tree…boughs and the decapitation of

saplings; might be added the debris and ruins of half…civilized

occupancy。  The ground before the cabin was covered with broken

boxes; tin cans; the staves and broken hoops of casks; and the

cast…off rags of blankets and clothing。  The whole claim in its

unsavory; unpicturesque details; and its vulgar story of sordid;

reckless; and selfish occupancy and abandonment; was a foul blot

on the landscape; which the first rosy dawn only made the more

offending。  Surely the last spot in the world that men should

quarrel and fight for!



So thought George Barker; as with his companions they moved in

single file slowly towards it。  The little party consisted only of

himself; Demorest; and Stacy; Marshall and Hamlinaccording to a

prearranged planwere still in ambush to join them at the first

appearance of Steptoe and his gang。  The claim was yet unoccupied;

they had secured their first success。  Steptoe's followers; unaware

that his design had been discovered; and confident that they could

easily reach the claim before Marshall and the surveyor; had

lingered。  Some of them had held a drunken carouse at their

rendezvous at Heavy Tree。  Others were still engaged in procuring

shovels and picks and pans for their mock equipment as miners; and

this; again; gave Marshall's adherents the advantage。  THEY knew

that their opponents would probably first approach the empty claim

encumbered only with their peaceful implements; while they

themselves had brought their rifles with them。



Stacy; who by tacit consent led the party; on reaching the claim at

once posted Demorest and Barker each behind a separate heap of

quartz tailings on the ledge; which afforded them a capital

breastwork; and stationed himself at the mouth of the tunnel which

was nearest the trail。  It had already been arranged what each man

was to do。  They were in possession。  For the rest they must wait。

What they thought at that moment no one knew。  Their characteristic

appearance had slightly changed。  The melancholy and philosophic

Demorest was alert and bitter。  Barker's changeful face had become

fixed and steadfast。  Stacy alone wore his 〃fighting look;〃 which

the others had remembered。



They had not long to wait。  The sounds of rude laughter; coarse

skylarking; and voices more or less still confused with half…spent

liquor came from the rocky trail。  And then Steptoe appeared with

part of his straggling followers; who were celebrating their easy

invasion by clattering their picks and shovels and beating loudly

upon their tins and prospecting…pans。  The three partners quickly

recognized the stamp of the strangers; in spite of their peaceful

implements。  They were the waifs and strays of San Francisco

wharves; of Sacramento dens; of dissolute mountain towns; and there

was not; probably; a single actual miner among them。  A raging

scorn and contempt took possession of Barker and Demorest; but

Stacy knew their exact value。  As Steptoe passed before the opening

of the tunnel he heard the cry of 〃Halt!



He looked up。  He saw Stacy not thirty yards before him with his

rifle at half…cock。  He saw Barker and Demorest; fully armed; rise

from behind their breastworks of rock along the ledge and thus

fully occupy the claim。  But he saw more。  He saw that his plot was

known。  Outlaw and desperado as he was; he saw that he had lost his

moral power in this actual possession; and that from that moment he

must be the aggressor。  He saw he was fighting no irresponsible

hirelings like his own; but men of position and importance; whose

loss would make a stir。  Against their rifles the few revolvers

that his men chanced to have slung to them were of little avail。

But he was not cowed; although his few followers stumbled together

at this momentary check; half angrily; half timorously like wolves

without a leader。  〃Bring up the other men and their guns;〃 he

whispered fiercely to the nearest。  Then he faced Stacy。



〃Who are YOU to stop peaceful miners going to work on their own

claim?〃 he said coarsely。  〃I'll tell you WHO; boys;〃 he added;

suddenly turning to his men with a hoarse laugh。  〃It ain't even

the bank!  It's only Jim Stacy; that the bank kicked out yesterday

to save itself;Jim Stacy and his broken…down pals。  And what's

the thief doing herein Marshall's tunnelthe only spot that

Marshall can claim?  We ain't no particular friends o' Marshall's;

though we're neighbors on the same claim; but we ain't going to see

Marshall ousted by tramps。  Are we; boys?〃



〃No; by G…d!〃 said his followers; dropping the pans and seizing

their picks and revolvers。  They understood the appeal to arms if

not to their reason。  For an instant the fight seemed imminent。

Then a voice from behind them said:



〃You needn't trouble yourselves about that!  I'M Marshall!  I sent

these gentlemen to occupy the claim until I came here with the

surveyor;〃 and two men stepped from a thicket of myrtle in the rear

of Steptoe and his followers。  The speaker; Marshall; was a thin;

slight; overworked; over…aged man; his companion; the surveyor; was

equally slight; but red…bearded; spectacled; and professional…

looking; with a long traveling…duster that made him appear even

clerical。  They were scarcely a physical addition to Stacy's party;

whatever might have been their moral and legal support。



But it was just this support that Steptoe strangely clung to in his

designs for the future; and a wild idea seized him。  The surveyor

was really the only disinterested witness between the two parties。

If Steptoe could confuse his mind before the actual fightingfrom

which he would; of course; escape as a non…combatantit would go

far afterwards to rehabilitate Steptoe's party。  〃Very well; then;〃

he said to Marshall; 〃I shall call this gentleman to witness that

we have been attacked here in peaceable possession of our part of

the claim by these armed strangers; and whether they are acting on

your order or not; their blood will be on your head。〃



〃Then I reckon;〃 said the surveyor; as he tore away his beard; wig;

spectacles; and mustache; and revealed the figure of Jack Hamlin;

〃that I'm about the last witness that Mr。 Steptoe…Horncastle ought

to call; and about the last witness that he ever WILL call!〃



But he had not calculated upon the desperation of Steptoe over the

failure of this last hope。  For there sprang up in the outlaw's

brain the same hideous idea that he voiced to his companions at the

Divide。  With a hoarse cry to his followers; he crashed his pickaxe

into the brain of Marshall; who stood near him; and sprang forward。

Three or four shots were exchanged。  Two of his men fell; a bullet

from Stacy's rifle pierced Steptoe's leg; and he dropped forward on

one knee。  He heard the steps of his reinforcements with their

weapons coming close behind him; and rolled aside on the sloping

ledge to let them pass。  But he rolled too far。  He felt himself

slipping down the mountain…side in the slimy shoot of the tunnel。

He made a desperate attempt to recover himself; but the treacherous

drift of the loose debris rolled with him; as if he were part of

its refuse; and; carrying him down; left him unconscious; but

otherwise uninjured; in the bushes of the second ledge five hundred

feet below。



When he recovered his senses the shouts and outcries above him had

ceased。  He knew he was safe。  The ledge could only be reached by a

circuitous route three miles away。  He knew; too; that if he could

only reach a point of outcrop a hundred yards away he could easily

descend to the stage road; down the gentle slope of the mountain

hidden in a growth of hazel…brush。  He bound up his wounded leg;

and dragged himself on his hands and knees laboriously to the

outcrop。  He did not look up; since his pick had crashed into

Marshall's brain he had but one blind thought before himto escape

at once!  That his revenge and compensation would 

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