Otis James
Down the Slope

CHAPTER XXIX
A QUESTION OF TITLE

It was as if each person who had doubted Sam's honesty felt it necessary to call at Mrs. Byram's and congratulate him upon what now appeared to be good proof of his innocence.

Fred and the miners also came in for their share of attention, and even Bill, whose limb was paining him severely, joined his partners in celebrating their victory, which now seemed certain.

Before returning home Mr. Hunter called to consult with his clients relative to making a stock company of the new mine, and, when he left, it was with full authority to do whatever he believed their interests demanded.

Among the visitors in the evening was Donovan, and he had no hesitation in calling himself very severe names for having been so stupid as to think it possible his old friends could have been engaged in any questionable transaction.

"The cashier is about as sore a man as can be found in town," he said, "an' if I ain't way off in my reckonin' he'll be lookin' for another job mighty soon."

"Does he say anything against us?" Bill asked.

"He's glum as a fish. Every feller who goes in wants to know where Gus is, an' he keeps out of sight all that's possible."

"Have you seen Mr. Wright to-day?"

"No; but I heard he an' that lawyer of yours had a long chin about the business. Say, Bill, by the time you get out of this scrape you'll owe a pretty penny for law, I reckon. Why don't you try to make the company pay it?"

"We can stand the racket, an' won't ask a soul to help us."

"Somebody must have died an' left you a pile, for men that work at Farley's don't often have enough to pay big lawyers for runnin' around."

"It'll be all right, Donovan, so don't worry about that."

But the mine boss did worry. He failed to understand how Bill and Joe could incur such expense with any prospect of paying it, and when he left the house it was to discuss the matter in all it's bearings with a select few of his particular friends.

The superintendent did not consider it worth his while to call; but on the following morning Joe received a note to the effect that if he intended to return to the mine, it would be to his advantage to resume his work at once.

"Tell Mr. Wright that I've got through with his company, an' he can put a man in my place whenever it suits him," the miner said to the messenger, and the latter had hardly reached the store before a workman from Blacktown arrived with the startling intelligence that the four who had been accused of the robbery had purchased a large tract of land on the mountain, and were about to open a mine.

This news was so wonderful that one of the loungers volunteered to walk to the town for the sole and only purpose of learning if it was really true.

An hour later it was rumored that Fred received the following telegram from Blacktown:

"Have opened books for subscriptions, and already received pledges to the full amount necessary for beginning the work.

Arthur Hunter."

The lounger returned in hot haste with information that the people there were in the highest state of excitement regarding the new company which was being formed by some of the most influential men in the county, and related with many embellishments of his own, the story of how the vein had been discovered by Sam and Fred.

This was sufficient to cause another stream of callers to Mrs. Byram's house, and, learning that the secret had been made known, the four owners had no hesitation in giving all the particulars.

Now the cashier was more unpopular than ever. Even those who refrained from censuring him on the day previous, had nothing but hard words for the man who could make such an error as to charge with theft those who were wealthy in the possession of such a rich vein as the new one was reported to be.

Fully one-third of all those in the company's works took a half holiday to see the new mine, and some of the most sanguine started out to prospect for other evidences of coal.

In six hours land in the immediate vicinity of the mountain increased in price, until it would hardly have paid to buy it, unless gold could be found in large quantities, and the entire county was in a ferment of excitement.

It is needless to say that the four partners were very happy; but even in the midst of the great joy they found time to wonder why Skip had not called to congratulate them.

Nearly every other one of their friends and acquaintances visited the house at some time during the day and evening; but the ex-chief of the regulators was conspicuous by his absence.

"I wonder what the matter is with him?" Fred asked, when, at a late hour, the partners were alone. "Do you suppose he thinks we don't want to see him just because we have been fortunate?"

"If he does it's the biggest mistake of his life. I like the little rascal, although he did play us a bad trick, an' if he don't show up before noon to-morrow, I'll hunt him out," Joe said, laughingly.

But Skip did not put in an appearance before the time set, and, true to his word, Joe went in search of him.

The information he brought back to his partners was mystifying.

Skip had not been at home since the day on which Sam was liberated, and his father fancied he was absent on some work for the firm.

This singular disappearance troubled Fred greatly, and during the remainder of the day he spoke more often of the boy than regarding the mine.

"He'll turn up before long," Joe said, after all had tried in vain to conjecture where he might be; but Fred fancied that the miner did not speak very confidently.

Nothing was heard personally from Mr. Wright; but it was common gossip about town that he had visited the newly-discovered vein several times, and spent one entire day at Blacktown.

Another twenty-four hours passed, and Skip had not returned home. His parents were now beginning to feel alarmed; but the majority of the townspeople, not trusting in the sincerity of his repentance, intimated that he had joined Gus, preferring to run away rather than lead an industrious life.

"I won't believe anything of the kind," Fred replied, hotly, when Donovan reported the general feeling regarding the disappearance. "He never would have done so much to help us, unless meaning exactly what he said."

"I reckon hard work didn't agree with him," the breaker boss answered, with a laugh.

"When Bill gets a little better Joe and I will go after him."

"Where?"

"I don't know; but it won't do any harm to look around, and I am – "

Fred was interrupted by a knock at the door, and on answering it was handed a telegram.

"Somebody is beggin' to be let in to the new company, I reckon," Donovan said, laughingly; but his smile vanished very quickly as he saw the look which came over the boy's face.

"What's the matter, lad?" Joe cried, and instead of replying Fred handed him the telegram, which read as follows:

"Mr. Fred Byram: – Superintendent Wright has served an injunction restraining our company from taking further steps, on the plea that the land purchased belongs to him. His case, so far as I can learn, is very strong. It is advisable that you and Brace come here at once."

"Arthur Hunter."

"Wha – wha – what does it mean?" Joe stammered.

"I should say things were gettin' serious," Donovan replied, as he read the message over Joe's shoulder, "Mr. Wright is a hard man to fight, an' the chances are he'll get the best of you."

Then he left the house as if in great haste to spread this additional news, and the partners looked at each other in dismay.

"That is why we've heard nothin' from the superintendent since our secret leaked out," Bill said, grimly. "You two had better tramp across to save time. You can get there three hours ahead of the next train."

"Come on," Fred cried, as he aroused from the daze caused by the startling intelligence. "Let's learn the worst quickly."

"It's pretty tough to lose the thing after swellin' as we have for the last couple of days," Joe added, gloomily, but without rising from his seat.

"Don't whine 'till we're sure it's gone," and Bill tried very hard to speak cheerily.

At this point Mrs. Byram entered the invalid's room to say:

"Mr. Wright has sent over to ask Fred and Mr. Brace to call at his office."

"Matters are beginning to look brighter already," Bill cried, and Joe asked gruffly:

"How do you make that out?"

"If he was so sure of provin' we had no claim to the land, he wouldn't have a word to say. Now he's tryin' to make a trade."

"He can't with me. Unless you, Fred an' Sam insist, it'll be the whole or nothing."

"Now that's the way to talk," Bill replied. "If we can raise the money to fight there won't be any bargain made."

"Don't you intend to call upon the superintendent?" Mrs. Byram asked.

"Not a bit of it, ma'am. Tell whoever he sends that Fred an' Joe are too busy just now, but if he wants to make a 'pointment some time next week, they'll try to see him."

"But it can't do any harm to talk with Mr. Wright."

"It won't do any good, an' they'd better see the lawyer first."

Mrs. Byram left the room to deliver the message, and Bill delayed his partners that they might know exactly how he felt regarding the matter before starting on the journey.

CHAPTER XXX
A SUIT AT LAW

"Don't give in an inch," Bill said, in conclusion to his remarks concerning the validity of the title. "Get over there as quick as you can, and don't let the lawyer weaken."

"It'll take big money to carry on a fight in law."

"We'll try to raise it somehow."

After promising to send him word as to the progress of affairs before night, in case they were detained more than one day, Joe and Fred went down stairs, and at that moment Mrs. Byram opened the door to admit Mr. Wright.

He was particularly pleasant in his greetings, and asked, as he observed that they were on the point of going out:

"Did you finally conclude to come to the office?"

"We were on our way to Blacktown," Joe replied gruffly.

"But we have plenty of time for a chat, since the train does not leave for two hours of more."

"We are going to walk," Fred explained.

"Then you can surely spare me half an hour."

"What for?" Joe asked sharply.

"I wish to see if we can't arrive at some amicable settlement of the suit which I have been forced to bring."

"Wouldn't it been better to have talked first, an' then begun the law business?"

"In regard to that I had no alternative. The company ordered me to proceed exactly as I did."

"I'd like to hear what's goin' on down there," Bill shouted from above, and Fred said:

"It's no more than fair that we should go upstairs. He's got the right to know what Mr. Wright proposes."

"Yes, I prefer to speak with all the partners, though perhaps there is no necessity of sending for Thorpe."

"We haven't got the time to do that," Joe replied. "Come on, an' let's get through with the business as soon as we can, for we're due in Blacktown mighty soon."

The miner led the way to the invalid's chamber, and Bill greeted his former superintendent with the curtest of nods.

"I have come in the hope that we can arrange matters without having recourse to the law," Mr. Wright began. "If, immediately after discovering the vein, you had advised me, I could have told you that our company owns the entire mountain, by purchase from the heirs of the original owner."

"But Mr. Hunter told us the title was perfect," Fred interrupted.

"Lawyers cannot always be depended upon. There is no question as to the truth of what I say, and here is a true copy of our deed."

He handed Bill a legal looking document; but the miner motioned it away.

"I don't want to see it," he said. "Neither of us could understand it in a week's study. The only thing for us to do is listen to what you propose."

"In view of the services you all have rendered in the past, I should be sorry to see you lose the money already paid on this property, and more so to have you involved in an expensive lawsuit. Now I am empowered to make this offer: The company will return the money paid, settle with your attorney, and allow you a reasonable compensation for the labour performed. In addition, it may be that we can give you a few shares in case it is decided to open new works."

As Mr. Wright paused Bill raised his head, and looking fixedly at the visitor, asked:

"If the property is yours beyond a question, what makes you offer to give us anything?"

"Because you have acted in such a friendly manner toward us. I am not one who forgets a friend."

"You came mighty near doin' so when Sam was arrested, an' warrants sworn out for Fred an' me."

"That was a matter in which it was to your interest that the law should take its course. A large majority of the people believed you knew something about the robbery, and the only way to settle it absolutely was to have the case decided in court."

"Then we ought to thank you, I s'pose," and Bill leaned forward, despite the pain caused by the movement. "If we conclude to take the offer we'll let you know to-morrow."

"I am sorry to say that we can agree to no delay. If the terms are accepted at once, well and good; but they will not be held open for a lawyer to interfere."

"Then I'll speak for myself, an' say no," Bill cried, angrily. "The others can act as they please; but if all this is to be done jest on account of your friendship, then where's the harm of waitin' till next week, if we want to?"

"I have only repeated the stipulations made by the company."

"Well, we don't want anything to do with 'em," Joe added. "What Bill says goes with me, an' I reckon Fred'll stick by us."

"I believe as they do, Mr. Wright."

"Then you refuse the generous proposition?"

"We do, but have our own idea as to how generous it is," Bill replied, grimly.

"Do you think it will be possible to fight successfully a company as rich as ours?"

"We'll try it for a while, anyhow, an' won't give in till we're whipped."

"I don't like to make any threats; but feel it my duty to warn you of the consequences, if we press the charge of theft. The evidence is strongly against you, and more particularly so since you returned the money."

"I reckon that about winds up this 'ere interview," and Joe arose to his feet with a menacing air. "Go ahead with the suit; but there's such a thing as collectin' damages, an', rich as your company is, I don't believe they can get out of payin' 'em."

"That is child's talk. If you refuse what is little less than a present, I will go."

"An' it's pretty nigh time." Joe added, as he opened the door. "Don't try to make us any more such presents, or we may not keep our temper."

It could be plainly told that the superintendent had already lost his temper, for he went down stairs rapidly, slamming the street door behind him with a force which literally caused the cottage to tremble.

"He ain't so sure of his case, as he would have us believe," Bill said, when they were alone. "It's jest possible he may try to make things hotter for us by servin' the warrant on Fred, so you'd better not come back from Blacktown, till the widder sends word. Get over as quick as you can, an' don't forget to tell the lawyer about the generous proposition."

The two started without further delay, and the reception met with by those whom they passed on the street told how rapidly the bad news had travelled.

On the day previous every person was very cordial, as if trying to establish his or her position as friend; but now they were greeted even less pleasantly than before the riot, and Joe said, savagely:

"They're a set of curs. I did believe some of the things we heard yesterday; but now soft words won't go down with me, no matter how the property turns out."

"It can't make any difference what is done or said, all I ask is that we get Sam out of his troubles."

"You an' me are about as deep in the mire as he is if the case goes agin us. We'll try not to borrer trouble till there's better reason. Where do you s'pose Skip is keepin' himself all this time?"

"I wish I knew. Nobody can make me believe he went off with Gus."

"He's got a different game than that, an' I'm thinkin' we'll hear from him mighty soon."

"Why?"

"No partic'lar reason, I only jest think so."

Having changed the topic of conversation, which was the sole cause of his mentioning Skip's name, Joe relapsed into a silence which was not broken until the two arrived at the newly-discovered vein.

Here a party of surveyors were running imaginary lines and measuring distances, as they referred from time to time to several formidable looking documents, and Joe said, bitterly:

"Wright is gettin' ready for the fight. If we had plenty of money I wouldn't feel so bad; but unless the lawyer can borrow some for us, we're likely to come out the little end of the horn."

"We shall soon know all about it," and Fred continued the journey at a swift pace.

Mr. Hunter was in his office when the partners arrived, and the expression on his face was not such as to inspire courage.

"I didn't expected you so soon," he said, motioning them to be seated.

"We walked over rather than wait for the cars," Fred replied.

"I was sorry to summon you on such sorry business but Superintendent Wright has begun a fight for the possession of the land, and some of our prospective stockholders are alarmed by the attack."

"Has he really got any hold on the property?"

"He claims that the company's deeds give them title to the entire mountain."

"Then how did it happen that the farmer could sell?"

"It all hinges upon the question of survey. If the lines run twenty years ago are incorrect, as he claims, then the land you bought is located in the valley, and in that event not worth half you paid for it."

"What does the farmer say?" Joe asked.

"I fancy Mr. Wright has bribed him to forget where his property was. Two days ago he had a very clear idea of the location, but this morning he thinks Mr. Wright is correct. In fact, he is almost ready to swear he owned land only in the valley."

"He told me exactly where it was situated, an' we bought with the positive understandin' that he was sellin' a tract on the mountain," Joe said.

"That is one of the questions I wanted to decide. If he made those representations, we may force him to tell the truth rather than stand a suit for obtaining money under false representations."

Fred thought it was time to tell of Mr. Wright's proposition, and when he had finished the story the lawyer said with a look of positive relief:

"I'm glad to hear that. We will force them to show their hands by asking an immediate trial for Thorpe."

"But suppose he should be convicted?" Fred cried. "Skip is not at home, and we need his evidence."

"We must take that risk, rather than allow them time to work up a worse plot."

CHAPTER XXXI
SKIP

It seemed to Fred as if they were about to sacrifice Sam in order to aid in confirming the title of the land, and it required no slight amount of Mr. Hunter's eloquence to persuade him differently.

"By pressing for trial we have a better chance of proving his innocence. Under ordinary circumstances I would be certain of the result; but where so much property is a stake I do not like to trust the superintendent too implicitly."

"But what effect can his innocence or guilt have on the other question?"

"It might prejudice our case if he went before a jury. Every point must be guarded against, and this is the first to be settled."

"Can we raise money enough to carry the thing through?" Joe asked.

"I think so; but will tell you better to-morrow after I have had time to see some of the subscribers with whom I have not yet spoken."

"Do you think we've got any chance of winning?"

"I wish it were possible to say yes; but under the circumstances it seems to me that the odds are in the favor of the company represented by Mr. Wright."

"Yet you don't advise us to accept his proposition," Fred said.

"Certainly not. Even if I was in favor of making a compromise, the amount offered would be no temptation. I should advise you to refuse ten thousand dollars, for it will cost the company much more than that if we can raise sufficient to carry on the suit."

"Is there anything for us to do?" Fred asked.

"Very much. It is necessary to remain here, and send for Thorpe. I will first attend to pressing for trial, and then have an interview with the farmer for the purpose of frightening him into telling nothing but the truth. I fancy we can restore his memory by threatening him with a criminal suit."

"I'll run over for Sam," Joe said, as if a walk of five miles across the mountain was nothing more than a pleasure trip.

"It won't do for you to come," he added, as Fred was about to speak, "because I'm afraid Wright might use that warrant."

"Yes, it is much better you should remain here," Mr. Hunter said quickly. "Isn't it possible to find the boy who first suggested Dobson was the thief?"

"I'm afraid not; it looks very much as if he'd run away."

"It won't do any harm to walk around town while I'm gone," Joe suggested. "You may come across some feller who has seen him."

"I shall expect to meet all three this afternoon," the lawyer said, as his clients rose to go.

"Do not talk with any one regarding either case, and, above all, make no promises without first consulting me."

Joe and Fred left the office, the former saying when they were out of doors:

"Keep a stiff upper lip, lad, an' if the company gets the best of us, remember that Farley's isn't the only colliery in the middle field. When Bill is on his pins again we can pull up stakes an' look for another job."

"I am worrying about Sam rather than ourselves. It would be terrible if he was convicted of a crime he never committed."

"Better that than to be guilty; but we won't look at it in such a bad light yet awhile. I'm off now; when it's time for me to be back, hang around the hotel."

Then Joe started at a brisk pace, and with a heavy heart Fred walked aimlessly through the town.

The idea that by so doing he might learn something regarding Skip seem preposterous, and he hardly gave it a thought after Joe made the suggestion, therefore he was startled by hearing a familiar voice crying:

"Hi! Fred! Hold on a minute!"

Turning quickly he saw Skip coming toward him at full speed, and looking as if he had been on a long, rough journey.

"Where have you been?" he asked, in surprise.

"Trying' to find that feller Tim."

"Tim? What did you want of him?"

"Nothing'; but I thought you might. When things turned out at Farley's as they did it seemed to me that by gettin' hold of him the truth would come out."

"Have you been at that work all this time?"

"Yes."

"Of course you couldn't find him."

"Of course I could, an' if you want him I'll go straight to where he's hiding."

Fred looked at his friend in astonishment for an instant, and he cried:

"Come to the lawyer's with me this minute. You're the very fellow he's been wanting to see."

Five minutes later the two were closeted with Mr. Hunter, who appeared very well pleased with the news brought by Skip.

"How did you chance to find the boy?" he asked.

"It was a good deal like luck. Fred told about he an' Gus campin' by the river, an' I snooped up that way. A lot of us fellers stayed a week in the same place, so it was handy to get around. It was two days before I saw any signs of him, an' then I come mighty nigh tumblin' over his camp."

"How long since you left him?"

"Yesterday noon."

"Have you been traveling all this time?"

"Pretty much; but it don't make any difference if you want to send after him."

"That is exactly what I want to do, and as soon as possible."

"I'm ready now," and Skip started toward the door.

"I didn't mean quite as soon as this. Go for something to eat, while I make the necessary arrangements. Come back here when you've had dinner."

"It'll be two or three dinners in one," Skip muttered, as he followed Fred down stairs.

"Didn't you take any provisions?"

"Some; but not enough to last a great while. It don't make any difference, though, so long as I found Tim."

Skip was not so excited but that he could eat a hearty meal, and when it was finished the two boys returned to Mr. Hunter's office just as that gentleman entered, accompanied by a constable.

The official questioned Skip very minutely as to Tim's whereabouts, and when the boy had explained the situation to the best of his ability, the former said:

"I reckon we won't have to walk all the way. By riding up the valley road eight or ten miles it is possible to cut off a good bit of the distance."

"Very well, adopt any method which will insure your return to-morrow noon, for the trial is to come off at twelve o'clock. Go with him, Skip, and see to it that there is no loitering by the way."

"Are you intending to hire a team?" Fred asked the constable.

"Yes."

"Then I'll go with you to the stables."

The constable walked rapidly ahead leaving the boys to follow more leisurely, and Fred had time for a brief conversation.

"You've been a good friend, Skip, and none of us will ever forget what you've done."

"I don't want you to remember what happened while I was boss of the regulators."

"We never think of it. Now do you believe it is possible to go to the camp and back by noon?"

"It'll be a tight squeeze, even allowin' that we ride a good part of the way; but we'll pull through somehow."

"Then if Tim has run off, all your work will have been for nothing."

"It can't be helped if things turn that way; but I think he's too much frightened by the disappearance of Gus to leave a good hiding-place."

At this moment the officer emerged from the stable in an open wagon drawn by a powerful-looking horse, and Skip shouted, as he clambered in:

"We'll be back by noon."

Then the two were whirled rapidly away, and Fred walked slowly to Mr. Hunter's office depressed by a sense of impending evil.

The lawyer was absent, and, not caring to stroll around the town where he might meet acquaintances from Farley's, the boy remained alone until late in the afternoon, when Joe and Sam arrived.

"The trial is to come off to-morrow," he cried, mentioning first that subject which was nearest his heart.

"And you couldn't find Skip," Joe added, mournfully; but his face lighted up wonderfully on being told of what had occurred during his absence.

"We'll come out of the scrape all right, if one of the young scoundrels can be produced, so you an' Sam may as well look cheerful."

"Is there anything new at Farley's?" Fred asked.

"Wright is goin' around like a bear with a sore head; but I didn't hear anything about his servin' the warrant on you. I reckon neither him nor that blessed cashier fancy havin' the trial come off so soon."

"How is Bill?"

"Chipper as a chicken. Your mother has sent some clean clothes, an' we'd better mosey over to the hotel to make ourselves comfortable like."

Before any objection could be offered to this plan Mr. Hunter entered; but he did not delay the partners very long. After asking a few questions and jotting down the answers, he dismissed them with the caution to be at the office by eleven o'clock next morning.

During the evening Joe tried very hard to appear jolly and perfectly at ease; but the boys could not simulate cheerfulness, and the hours passed wearily despite their companion's efforts.

At an early hour Fred and Sam were on the road down which Skip had driven, waiting for his return; but when the appointed time for them to go to Mr. Hunter's office arrived, they had watched in vain.

Now the suspense was positively painful. The lawyer exhibited the utmost impatience, because the constable did not come, while his clients were on the verge of despair.

At half-past eleven when the train from Farley's arrived, the boys saw Mr. Wright and the cashier pass on their way to the court-room, and a few moments later Mr. Hunter said:

"We can't wait any longer. Very likely Tim had left his hiding-place when the officer got there, and the latter is so foolish as to try to find him. I should have warned them that Skip must return at all hazards, for by sending him away we lose a most important witness."

The boys arose to their feet in silence, and Joe was positively despondent in the face of what seemed very like defeat.

On arriving at the court the partners were given seats within the enclosure reserved for attorneys, and very near the superintendent; but he paid no attention to them.

The cashier glared fiercely at Sam for an instant, and then turned to look steadily in another direction.

The court was occupied with another case, and in answer to Sam's question Mr. Hunter said that his trial would not begin until it was finished.

"If it'll hold on 'till to-morrow so's to give Skip a fair chance of gettin' here, I'll be willin' to sit in this chair all night," Joe whispered to Fred.

"It can't be delayed very long, or Mr. Hunter would tell us," was the mournful reply.

"S'pose I slip out an' watch for him? He won't know where to come if there's nobody in the office."

This Fred thought was a very good idea, and he suggested it to the lawyer, who said:

"The constable knows that he is needed here, therefore they will put in an appearance immediately after arriving."

Five minutes later Sam was called upon to plead, and he answered firmly:

"Not guilty."

Then the cashier was summoned to the stand, and told his story correctly, except as to the latter portion, when he said that Fred appeared very nervous during the time his friend was absent. He also declared that the two boys made mysterious signs to each other, and in a variety of ways appeared guilty.

The teller of the bank, Mr. Wright, the constable who made the arrest, and one or two others gave evidence, and when the prosecution closed matters looked very black for the prisoner.

Then Sam himself was called to the stand, and for half an hour underwent a most searching examination. He described very minutely the journey to Blacktown; related every particular connected with his receiving the money, and explained why he chose to walk home, when, by waiting a short time, it would have been possible to ride on the cars.

That he had the money two or three moments before reaching the newly-discovered vein he was very positive. He had not intended to go to sleep when he laid down to rest. On awakening it was several moments before the loss was discovered, and then he searched in every direction.