Stories from Everybody's Magazine Part 22

"One of the sisters or so seems to have stayed at the ranch with Mrs. Summers and the kid. We rides to Encinal and catches the International, and hits San Antone in the morning. After breakfast Luke steers me straight to the office of a lawyer. They go in a room and talk and then come out.

" 'Oh, there won't be any trouble, Mr. Summers,' says the lawyer.

'I'll acquaint Judge Simmons with the facts to-day; and the matter will be put through as promptly as possible. Law and order reigns in this state as swift and sure as any in the country.'

" 'I'll wait for the decree if it won't take over half an hour,'

says Luke.

" 'Tut, tut,' says the lawyer man. 'Law must take its course.

Come back day after to-morrow at half-past nine.'

"At that time me and Luke shows up, and the lawyer hands him a folded doc.u.ment. And Luke writes him out a check.

"On the sidewalk Luke holds up the paper to me and puts a finger the size of a kitchen-door latch on it and says:

" 'Decree of ab-so-lute divorce with cus-to-dy of the child.'

" 'Skipping over much what has happened of which I know nothing,'

says I, 'it looks to me like a split. Couldn't the lawyer man have made it a strike for you?'

" 'Bud,' says he, in a pained style, 'that child is the one thing I have to live for. SHE may go; but the boy is mine!--think of it--I have cus-to-dy of the child.'

" 'All right,' says I. 'If it's the law, let's abide by it. But I think,' says I, 'that Judge Simmons might have used exemplary clemency, or whatever is the legal term, in our case.'

"You see, I wasn't inveigled much into the desirableness of having infants around a ranch, except the kind that feed themselves and sell for so much on the hoof when they grow up.

But Luke was struck with that sort of parental foolishness that I never could understand. All the way riding from the station back to the ranch, he kept pulling that decree out of his pocket and laying his finger on the back of it and reading off to me the sum and substance of it. 'Cus-to-dy of the child, Bud,' says he.

'Don't forget it--cus-to-dy of the child.'

"But when we hits the ranch we finds our decree of court obviated, nolle prossed, and remanded for trial. Mrs. Summers and the kid was gone. They tell us that an hour after me and Luke had started for San Antone she had a team hitched and lit out for the nearest station with her trunks and the youngster.

"Luke takes out his decree once more and reads off its emoluments.

" 'It ain't possible, Bud,' says he, 'for this to be. It's contrary to law and order. It's wrote as plain as day here--"Cus-to-dy of the child." '

" 'There is what you might call a human leaning,' says I, 'towards smas.h.i.+ng 'em both--not to mention the child.'

" 'Judge Simmons,' goes on Luke, 'is a incorporated officer of the law. She can't take the boy away. He belongs to me by statutes pa.s.sed and approved by the state of Texas.'

" 'And he's removed from the jurisdiction of mundane mandamuses,'

says I, 'by the unearthly statutes of female partiality. Let us praise the Lord and be thankful for whatever small mercies----' I begins; but I see Luke don't listen to me. Tired as he was, he calls for a fresh horse and starts back again for the station.

"He come back two weeks afterwards, not saying much.

" 'We can't get the trail,' says he; 'but we've done all the telegraphing that the wires'll stand, and we've got these city rangers they call detectives on the lookout. In the meantime, Bud,' says he, 'we'll round up them cows on Brusby Creek, and wait for the law to take its course.' And after that we never alluded to allusions, as you might say.

"Skipping over much what happened in the next twelve years, Luke was made sheriff of Mojada County. He made me his office deputy.

Now, don't get in your mind no wrong apparitions of a office deputy doing sums in a book or mas.h.i.+ng letters in a cider press.

In them days his job was to watch the back windows so n.o.body didn't plug the sheriff in the rear while he was adding up mileage at his desk in front. And in them days I had qualifications for the job. And there was law and order in Mojada County, and schoolbooks, and all the whisky you wanted, and the government built its own battles.h.i.+ps instead of collecting nickels from the schoolchildren to do it with. And, as I say, there was law and order instead of enactments and restrictions such as disfigure our umpire state to-day. We had our office at Bildad, the county seat, from which we emerged forth on necessary occasions to soothe whatever fracases and unrest that might occur in our jurisdiction.

"Skipping over much what happened while me and Luke was sheriff, I want to give you an idea of how the law was respected in them days. Luke was what you would call one of the most conscious men in the world. He never knew much book law, but he had the inner emoluments of justice and mercy inculcated into his system. If a respectable citizen shot a Mexican or held up a train and cleaned out the safe in the express car, and Luke ever got hold of him, he'd give the guilty party such a reprimand and a cussin' out that he'd probable never do it again. But once let somebody steal a horse (unless it was a Spanish pony), or cut a wire fence, or otherwise impair the peace and indignity of Mojada County, Luke and me would be on 'em with habeas corpuses and smokeless powder and all the modern inventions of equity and etiquette.

"We certainly had our county on a basis of lawfulness. I've known persons of Eastern cla.s.sification with little spotted caps and b.u.t.toned-up shoes to get off the train at Bildad and eat sandwiches at the railroad station without being shot at or even roped and drug about by the citizens of the town.

"Luke had his own ideas of legality and justice. He was kind of training me to succeed him when he went out of office. He was always looking ahead to the time when he'd quit sheriffing. What he wanted to do was to build a yellow house with lattice-work under the porch and have hens scratching in the yard. The one main thing in his mind seemed to be the yard.

" 'Bud,' he says to me, 'by instinct and sentiment I'm a contractor. I want to be a contractor. That's what I'll be when I get out of office.'

" 'What kind of a contractor?' says I. 'It sounds like a kind of a business to me. You ain't going to haul cement or establish branches or work on a railroad, are you?'

" 'You don't understand,' says Luke. 'I'm tired of s.p.a.ce and horizons and territory and distances and things like that. What I want is reasonable contraction. I want a yard with a fence around it that you can go out and set on after supper and listen to whip-poor-wills. I'm a fool about whip-poor-wills,' says Luke.

"That's the kind of a man he was. He was home-like, although he'd had bad luck in such investments. But he never talked about them times on the ranch. It seemed like he'd forgotten about it. I wondered how, with his ideas of yards and chickens and notions of lattice-work, he'd seemed to have got out of his mind that kid of his that had been taken away from him, unlawful, in spite of his decree of court. But he wasn't a man you could ask about such things as he didn't refer to in his own conversation.

"I reckon he'd put all his emotions and ideas into being sheriff.

I've read in books about men that was disappointed in these poetic and fine-haired and high-collared affairs with ladies renouncing truck of that kind and wrapping themselves up into some occupation like painting pictures or herding sheep or science or teaching school--something to make 'em forget. Well, I guess that was the way with Luke. But, as he couldn't paint pictures, he took it out in rounding up horse thieves and in making Mojada County a safe place to sleep in if you was well armed and not afraid of requisitions or tarantulas.

"One day there pa.s.ses through Bildad a bunch of these money investors from the East, and they stopped off there, Bildad being the dinner station on the I. & G. N. They was just coming back from Mexico looking after mines and such. There was five of 'em--four solid parties, with gold watch chains, that would grade up over two hundred pounds on the hoof, and one kid about seventeen or eighteen.

"This youngster had on one of them cowboy suits such as tenderfoots bring West with 'em; and you could see he was aching to wing a couple of Indians or bag a grizzly or two with the little pearl-handled gun he had buckled around his waist.

"I walked down to the depot to keep an eye on the outfit and see that they didn't locate any land or scare the cow ponies. .h.i.tched in front of Murchison's store or act otherwise unseemly. Luke was away after a gang of cattle thieves down on the Frio, and I always looked after the law and order when he wasn't there.

"After dinner this boy comes out of the dining-room while the train was waiting, and prances up and down the platform ready to shoot all antelope, lions, or private citizens that might endeavor to molest or come too near him. He was a good-looking kid; only he was like all them tenderfoots--he didn't know a law-and-order town when he saw it.

"By and by along comes Pedro Johnson, the proprietor of the Crystal Palace chili-con-carne stand in Bildad. Pedro was a man who liked to amuse himself; so he kind of herd-rides this youngster, laughing at him, tickled to death. I was too far away to hear, but the kid seems to mention some remarks to Pedro, and Pedro goes up and slaps him about nine feet away, and laughs harder than ever. And then the boy gets up quicker than he fell and jerks out his little pearl-handle, and--bing! bing! bing!

Pedro gets it three times in special and treasured portions of his carca.s.s. I saw the dust fly off his clothes every time the bullets. .h.i.t. Sometimes them little thirty-twos cause worry at close range.

"The engine bell was ringing, and the train starting off slow. I goes up to the kid and places him under arrest, and takes away his gun. But the first thing I knew that caballard of capitalists makes a break for the train. One of 'em hesitates in front of me for a second, and kind of smiles and shoves his hand up against my chin, and I sort of laid down on the platform and took a nap.

I never was afraid of guns; but I don't want any person except a barber to take liberties like that with my face again. When I woke up, the whole outfit--train, boy, and all--was gone. I asked about Pedro, and they told me the doctor said he would recover provided his wounds didn't turn out to be fatal.

"When Luke got back three days later, and I told him about it, he was mad all over.

" 'Why'n't you telegraph to San Antone,' he asks, 'and have the bunch arrested there?'

" 'Oh, well,' says I, 'I always did admire telegraphy; but astronomy was what I had took up just then.' That capitalist sure knew how to gesticulate with his hands.

"Luke got madder and madder. He investigates and finds in the depot a card one of the men had dropped that gives the address of some hombre called Scudder in New York City.

" 'Bud,' says Luke, 'I'm going after that bunch. I'm going there and get the man or boy, as you say he was, and bring him back.

I'm sheriff of Mojada County, and I shall keep law and order in its precincts while I'm able to draw a gun. And I want you to go with me. No Eastern Yankee can shoot up a respectable and well-known citizen of Bildad, 'specially with a thirty-two calibre, and escape the law. Pedro Johnson,' says Luke, 'is one of our most prominent citizens and business men. I'll appoint Sam Bell acting sheriff with penitentiary powers while I'm away, and you and me will take the 6.45 northbound to-morrow evening and follow up this trail.'

" 'I'm your company,' says I. 'I never see this New York, but I'd like to. But, Luke,' says I, 'don't you have to have a dispensation or a habeas corpus or something from the state, when you reach out that far for rich men and malefactors?'

" 'Did I have a requisition,' says Luke, 'when I went over into the Brazos bottoms and brought back Bill Grimes and two more for holding up the International? Did me and you have a search warrant or a posse comitatus when we rounded up them six Mexican cow thieves down in Hidalgo? It's my business to keep order in Mojada County. '

" 'And it's my business as office deputy,' says I, 'to see that business is carried on according to law. Between us both we ought to keep things pretty well cleaned up.'

"So, the next day, Luke packs a blanket and some collars and his mileage book in a haversack, and him and me hits the breeze for New York. It was a powerful long ride. The seats in the cars was too short for six-footers like us to sleep comfortable on; and the conductor had to keep us from getting off at every town that had five-story houses in it. But we got there finally; and we seemed to see right away that he was right about it.

" 'Luke,' says I, 'as office deputy and from a law standpoint, it don't look to me like this place is properly and legally in the jurisdiction of Mojada County, Texas.'