rest refreshed my horse, but as we dashed away, the boys yelling like Comanches, the five-mile ride had bested him and he fell slightly behind.As we turned into the open valley, it was a question if we or the marshal would reach the stream first; he had followed an old wood road and would strike the river nearly opposite Forrest's camp.The horses were excited and straining every nerve, and as we neared our crowd the posse halted on the south side and I noticed a conveyance among them in which were seated four men.There was a moment's consultation held, when the posse entered the water and began fording the stream, the vehicle and its occupants remaining on the other side.We had halted in a circle about fifty yards back from the river-bank, and as the first two men came out of the water, Dou Lovell rode forward several lengths of his horse, and with his hand motioned to them to halt.The leaders stopped within easy speaking distance, the remainder of the posse halting in groups at their rear, when Lovell demanded the meaning of this demonstration.
An inquiry and answer followed identifying the speakers."In pursuance of an order from the federal court of this jurisdiction," continued the marshal, "I am vested with authority to take into my custody two herds, numbering nearly seven thousand beeves, now in your possession, and recently sold to Field, Radcliff & Co.for government purposes.I propose to execute my orders peaceably, and any interference on your part will put you and your men in contempt of government authority.If resistance is offered, I can, if necessary, have a company of United States cavalry here from Fort Logan within forty-eight hours to enforce the mandates of the federal court.Now my advice to you would be to turn these cattle over without further controversy.""And my advice to you," replied Lovell, "is to go back to your federal court and tell that judge that as a citizen of these United States, and one who has borne arms in her defense, Iobject to having snap judgment rendered against me.If the honorable court which you have the pleasure to represent is willing to dispossess me of my property in favor of a ring of government thieves, and on only hearing one side of the question, then consider me in contempt.I'll gladly go back to Omaha with you, but you can't so much as look at a hoof in my possession.
Now call your troops, or take me with you for treating with scorn the orders of your court."Meanwhile every man on our side had an eye on Archie Tolleston, who had gradually edged forward until his horse stood beside that of the marshal.Before the latter could frame a reply to Lovell's ultimatum, Tolleston said to the federal officer:
"Didn't my employers tell you that the old---- ----would defy you without a demonstration of soldiers at your back? Now, the laugh's on you, and --""No, it's on you," interrupted a voice at my back, accompanied by a pistol report.My horse jumped forward, followed by a fusillade of shots behind me, when the hireling deputies turned and plunged into the river.Tolleston had wheeled his horse, joining the retreat, and as I brought my six-shooter into action and was in the act of leveling on him, he reeled from the saddle, but clung to the neck of his mount as the animal dashed into the water.Iheld my fire in the hope that he would right in the saddle and afford me a shot, but he struck a swift current, released his hold, and sunk out of sight.Above the din and excitement of the moment, I heard a voice which I recognized as Reed's, shouting, "Cut loose on that team, boys! blaze away at those harness horses!" Evidently the team had been burnt by random firing, for they were rearing and plunging, and as I fired my first shot at them, the occupants sprang out of the vehicle and the team ran away.A lull occurred hi the shooting, to eject shells and refill cylinders, which Lovell took advantage of by ordering back a number of impulsive lads, who were determined to follow up the fleeing deputies.
"Come back here, you rascals, and stop this shooting!" shouted the old man."Stop it, now, or you'll land me in a federal prison for life! Those horsemen may be deceived.When federal courts can be deluded with sugar-coated blandishments, ordinary men ought to be excusable."Six-shooters were returned to their holsters.Several horses and two men on our side had received slight flesh wounds, as there had been a random return fire.The deputies halted well out of pistol range, covering the retreat of the occupants of the carriage as best they could, but leaving three dead horses in plain view.As we dropped back towards Forrest's wagon, the team in the mean time having been caught, those on foot were picked up and given seats in the conveyance.Meanwhile a remuda of horses and two chuck-wagons were sighted back on the old wood road, but a horseman met and halted them and they turned back for Ogalalla.
On reaching our nearest camp, the posse south of the river had started on their return, leaving behind one of their number in the muddy waters of the North Platte.
Late that evening, as we were preparing to leave for our respective camps, Lovell said to the assembled foremen: "Quince will take Reed and me into Ogalalla about midnight.If Sutton advises it, all three of us will go down to Omaha and try and square things.I can't escape a severe fine, but what do I care as long as I have their money to pay it with? The killing of that fool boy worries me more than a dozen fines.It was uncalled for, too, but he would butt in, and you fellows were all itching for the chance to finger a trigger.Now the understanding is that you all start in the morning."
