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Mavericks

Chapter 51: BREAKING DOWN AN ALIBI
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About This Book

The narrative follows a rural Western community where horse thefts and accusations set neighbor against neighbor; a young woman named Phyllis becomes entangled when she aids an escaped prisoner, provoking suspicion and rivalry between local men such as Jim Yeager and Brill Healy. Chapters alternate tense pursuits, ambushes, a manhunt, rodeo scenes, and efforts to clear an innocent man's name, while confrontations and escapes drive the plot. The work builds through action-driven episodes and character confrontations that examine loyalty, reputation, and the harsh, often personal enforcement of justice on the range.

CHAPTER XVIII

BRILL HEALY AIRS HIS SENTIMENTS


To Phyllis, riding from school near the close of a hot Friday afternoon along the old Fort Lincoln Trail, came the voice of Brill Healy from the ridge above. She waved to him the broad-brimmed hat she was carrying in her hand, and he guided his pony deftly down the edge of the steep slope.

"Been looking for some strays down at Three Pines," he explained. "Awful glad I met you."

"Where were you going now?" she asked.

"Home, I reckon; but I'll ride with you to Seven Mile if you don't mind."

She looked at her watch. "It's just five-thirty. We'll be in time for supper, and you can ride home afterward."

"I guess you know that will suit me, Phyllis," he answered, with a meaning look from his dark eyes.

"Supper suits most healthy men so far as I've noticed," she said carelessly, her glance sweeping keenly over him before it passed to the purple shadowings that already edged the mouth of a distant cañon.

"I'll bet it does when they can sit opposite Phyl Sanderson to eat it."

She frowned a little, the while he took her in out of half-shut, smoldering eyes, as one does a picture in a gallery. In truth, one might have ridden far to find a living picture more vital and more suggestive of the land that had cradled and reared her.

His gaze annoyed her, without her quite knowing why. "I wish you wouldn't look at me all the time," she told him with the boyish directness that still occasionally lent a tang to her speech.

"And if I can't help it?" he laughed.

"Fiddlesticks! You don't have to say pretty things to me, Brill Healy," she told him.

"I don't say them because I have to."

"Then I wish you wouldn't say them at all. There's no sense in it when you've known a girl eighteen years."

"Known and loved her eighteen years. It's a long time, Phyl."

Her eyes rained light derision on him. "It would be if it were true. But then one has to forget truth when one is sentimental, I reckon."

"I'm not sentimental. I tell you I'm in love," he answered.

"Yes, Brill. With yourself. I've known that a long time, but not quite eighteen years," she mocked.

"With you," he made answer, and something of sullenness had by this time crept into his voice. "I've got as much right to love you as any one else, haven't I? As much right as that durned waddy, Keller?"

Fire flashed in her eyes. "If you want to know, I despise you when you talk that way."

The anger grew in him. "What way? When I say anything against the rustler, do you mean? Think I'm blind? Think I can't see how you're running after him, and making a fool of yourself about him?"

"How dare you talk that way to me?" she flamed, and gave her surprised pony a sharp stroke with the quirt.

Five minutes later the bronchos fell again to a walk, and Healy took up the conversation where it had dropped.

"No use flying out like that, Phyl. I only say what any one can see. Take a look at the facts. You meet up with him making his getaway after he's all but caught rustling. Now, what do you do?"

"I don't believe he was rustling at all."

"Course you don't believe it. That proves just what I was saying."

"Jim doesn't believe it, either."

"Yeager's opinion don't have any weight with me. I want to tell you right now that the boys are getting mighty leary of Jim. He's getting too thick with that Bear Creek bunch."

"Brill Healy, I never saw anybody so bigoted and pig-headed as you are," the girl spoke out angrily. "Any one with eyes in his head could see that Jim is as straight as a string. He couldn't be crooked if he tried. Long as you've known him I should think you wouldn't need to be told that."

"Oh, you say so," he growled sullenly.

"Everybody says so. Jim Yeager of all men," she scoffed. Then, with a flash of angry eyes at him, "How would you like it if your friends rounded on you? By all accounts, you're not quite a plaster saint. I've heard stories."

"What about?"

"Oh, gambling and drinking. What of it? That's your business. One doesn't have to believe all the talk that is flying around." She spoke with a kind of fine scorn, for she was a girl of large generosities.

"We've all got enemies, I reckon," he said sulkily.

"You're Phil's friend, and mine, too, of course. I dare say you have your faults like other men, but I don't have to listen to people while they try to poison my mind against you. What's more, I don't."

She had been agile-minded enough to shift the attack and put him upon the defensive, but now Healy brought the question back to his original point.

"That's all very well, Phyl, but we weren't talking about me, but about you. When you found this Keller making his escape you buckled in and helped him. You tied up his wound and took him to Yeager's and lied for him to us. That's bad enough, but later you did a heap worse."

"In saving him from being lynched by you?"

"Before that you made a fuss about him and had to tie up his wounds. I had a cut on my cheek, but I notice you didn't tie it up!"

"I'm surprised at you, Brill. I didn't think you were so small; and just because I didn't let a wounded man suffer."

"You can put it that way if you want to," he laughed unpleasantly.

Her passion flared again. "You and your insinuations! Who made you the judge over my actions? You talk as if you were my father. If you've got to reform somebody, let it be yourself."

"I'm the man that is going to be your husband," he said evenly. "That gives me a right."

"Never! Don't think it," she flung back. "I'd not marry you if you were the last man on earth."

"You'll see. I'll not let a scoundrel like Keller come between us. No, nor Yeager, either. Nor Buck Weaver himself. I notice he was right attentive before he went home."

Resentment burned angrily on her cheek. "Anybody else?" she asked quietly.

"That's all for just now. You're a natural-born flirt, Phyllis. That's what's the matter with you."

"Thank you, Mr. Healy. You're the only one of my friends that has been so honest with me," she assured him sweetly.

"I'm the only one of them that is going to marry you. Don't think I'll let Keller butt in. Not on your life."

Her rage broke bounds. "I never in my life heard of anything so insolent. Never! You'll not let me do this or that. Who are you, Brill Healy?"

"I've told you. I'm the man that means to marry you," he persisted doggedly.

"You never will. I'm not thinking of marrying, but when I do I'll not ask for your indorsement. Be sure of that."

"I'll not stand it! He'd better look out!"

"Who do you mean?"

"Keller, that's who I mean. This thing is hanging over his head yet. He's got to come through with proofs he ain't a rustler, or he's got to pull his freight out of the Malpais country."

"And if he won't?"

"We'll finish that little business you interrupted," he told her, riding his triumph roughshod over her feelings.

"You wouldn't, Brill! Not when there is a doubt about it. Jim says he is innocent, and I believe he is. Surely you wouldn't!"

"You'll see."

"If you do I'll never speak to you again! Never, as long as I live; and I'll never rest till I have you in the penitentiary for his murder!" she cried tensely.

"And yet you don't care anything about him. You've just been kind to him out of charity," he mocked.

For some minutes they had seen Seven Mile Ranch lying below them in the faint twilight. They rode the rest of the way in silence, each of them too bitter for speech. When they reached the house, she swung from the saddle and he kept his seat, for both of them considered her supper invitation and his acceptance cancelled.

He bowed ironically and turned to leave.

"Just a moment, Brill," called an excited voice. "I've got a piece of news that will make you sit up."

The speaker was the young mule skinner known as Cuffs. He came running out to the porch and fired his bolt.

"The First National Bank at Noches was held up two hours ago, and the robbers got away with their loot after shooting three or four men!"

"Two hours ago," the girl repeated. "You got it over the phone, of course."

"Yep. Slim called me up just now. He got back right this minute from following their trail. They lost the fellows in the hills. Four of 'em, Slim says, and he thinks they're headed this way."

"What makes him think so?" asked Healy.

"He figures they are Bear Creek men. One of them was recognized. It was that fellow Keller."

"Keller!" Phyllis and Healy cried the word together.

Cuffs nodded. "Slim says he can swear to his hawss, and he's plumb sure about the man, too. He wants we should organize a posse and nail them as they go into the Pass for Bear Creek. He figures we'll have time to do it if we jump. Noches is fifty-five miles from here, and about forty from the Pass.

"With their bronchs loaded they can't make it in much less than five hours. That gives us most three hours to reach the Pass and stop them. What think, Brill? Can we make it?"

"We'll try damned hard. I'm not going to let Mr. Rustler Keller slip through my fingers again!" Healy cried triumphantly.

"I don't believe it was Bear Creek men at all. I'm sure it wasn't Mr. Keller," Phyllis cried, with a face like parchment.

There was an unholy light of vindictive triumph in Healy's face. "We'll show you about that, Miss Missouri. Get the boys together, Cuffs. Call up Purdy and Jim Budd and Tom Dixon on the phone. Rustle up as many of the boys as you can. Start 'em for the Pass just as soon as they get here. I'm going right up there now. Probably I can't stop them, but I may make out who they are. Notify Buck Weaver, so he can head them off if they try to cross the Malpais. And get a move on you. Hustle the boys right along."

And with that he put spurs to his horse and galloped off.


CHAPTER XIX

THE ROAN WITH THE WHITE STOCKINGS


Unerringly rode Healy through the tangled hills toward a saddle in the peaks that flared vivid with crimson and mauve and topaz. A man of moods, he knew more than one before he reached the Pass for which he was headed. Now he rode with his eyes straight ahead, his face creased to a hard smile that brought out its evil lines. Now he shook his clenched fist into the air and cursed.

Or again he laughed exultingly. This was when he remembered that his rival was trapped beyond hope of extrication.

While the sky tints round the peaks deepened to purple with the coming night he climbed cañons, traversed rock ridges, and went down and up rough slopes of shale. Always the trail grew more difficult, for he was getting closer to the divide where Bear Creek heads. He reached the upper regions of the pine gulches that seamed the hills with wooded crevasses, and so came at last to Gregory's Pass.

Here, close to the yellow stars that shed a cold wintry light, he dismounted and hobbled his horse. After which he found a soft spot in the mossy rocks and fell asleep. He was a light sleeper, and two hours later he awakened. Horses were laboring up the Pass.

He waited tensely, rifle in both hands, till the heads of the riders showed in the moonlight. Three—four—five of them he counted. The men he saw were those he expected, and he lowered his rifle at once.

"Hello, Cuffs! Purdy! That you, Tom? Well, you're too late."

"Too late," echoed little Purdy.

"Yep. Didn't get here in time myself to see who any of them were except the last. It was right dark, and they were most through before I reached here."

"But you knew one," Purdy suggested.

Healy looked at him and nodded. "There were four of them. I crept forward on top of that flat rock just as the last showed up. He was ridin' a hawss with four white stockings."

"A roan, mebbe," Tom put in quickly.

"You've said it, Tom—a roan, and it looked to me like it was wounded. There was blood all over the left flank."

"O' course Keller was riding it," Purdy ventured.

"Rung the bell at the first shot," Healy answered grimly.

"The son of a gun!"

"How long ago was it, Brill?" asked another.

"Must a-been two hours, anyhow."

"No use us following them now, then."

"No use. They've gone to cover."

They turned their horses and took the back trail. The cow ponies scrambled down rocky slopes like cats, and up steep inclines with the agility of mountain goats. The men rode in single file, and conversation was limited to disjointed fragments jerked out now and again. After an hour's rough going they reached the foothills, where they could ride two abreast. As they drew nearer to the ranch country, now one and now another turned off with a shout of farewell.

Healy accepted Purdy's invitation, and dismounted with him at the Fiddleback. Already the first glimmering of dawn flickered faintly from the serrated range. The men unsaddled, watered, fed, and then walked stiffly to the house. Within five minutes both of them lay like logs, dead to the world, until Bess Purdy called them for breakfast, long after the rest of the family had eaten.

"What devilment you been leading paw into, Brill?" demanded Bess promptly when he appeared in the doorway. "Dan says it was close to three when you got home."

She flung her challenge at the young man with a flash of smiling teeth. Bess was seventeen, a romp, very pretty, and hail-fellow-well-met with every range rider in a radius of thirty miles.

"We been looking for a beau for you, Bess," Healy immediately explained.

Miss Purdy tossed her head. "I can find one for myself, Brill Healy, and I don't have to stay out till three to get him, either."

"Come right to your door, do they?" he asked, as she helped him to the ham and eggs.

"Maybe they do, and maybe they don't."

"Well, here's one come right in the middle of the night. Somehow, I jest couldn't make out to wait till morning, Bess."

"Oh, you," she laughed, with a demand for more of this sort of chaffing in her hazel eyes.

At this kind of rough give and take he was an adept. After breakfast he stayed and helped her wash the dishes, romping with her the whole time in the midst of gay bursts of laughter and such repartee as occurred to them.

He found his young hostess so entertaining that he did not get away until the morning was half gone. By the time he reached Seven Mile the sun was past the meridian, and the stage a lessening patch of dust in the distance.

Before he was well out of the saddle, Phyllis Sanderson was standing in the doorway of the store, with a question in her eyes.

"Well?" he forced her to say at last.

Leisurely he turned, as if just aware of her presence.

"Oh, it's you. Mornin', Phyl."

"What did you find out?"

"I met your friend."

"What friend?"

"Mr. Keller, the rustler and bank robber," he drawled insolently, looking full in her face.

"Tell me at once what you found out."

"I found Mr. Keller riding a roan with four white stockings and a wound on its flank."

She caught at the jamb. "You didn't, Brill!"

"I ce'tainly did," he jeered.

"What—what did you do?" Her lips were white as her cheeks.

"I haven't done, anything—yet. You see, I was alone. The other boys hadn't arrived then."

"And he wasn't alone?"

"No; he had three friends with him. I couldn't make out whether any more of them were college chums of yours."

Without another word, she turned her back on him and went into the store. All night she had lain sleepless and longed for and dreaded the coming of the day. Over the wire from Noches had come at dawn fuller details of the robbery, from her brother Phil, who was spending two or three days in town.

It appeared that none of the wounded men would die, though the president had had a narrow escape. Posses had been out all night, and a fresh one was just starting from Noches. It was generally believed, however, that the bandits would be able to make good their escape with the loot.

Her father was absent, making a round of his sheep camps, and would not be back for a week. Hence her hands were very full with the store and the ranch.

She busied herself with the details of her work, nodded now and again to one of the riders as they drifted in, smiled and chatted as occasion demanded, but always with that weight upon her heart she could not shake off. Now, and then again, came to her through the window the voices of Public Opinion on the porch. She made out snatches of the talk, and knew the tide was running strongly against the nester. The sound of Healy's low, masterful voice came insistently. Once, as she looked through the window, she saw a tilted flask at his lips.

Suddenly she became aware, without knowing why, that something was happening, something that stopped her heart and drew her feet swiftly to the door.

Conversation had ceased. All eyes were deflected to a pair of riders coming down the Bear Creek trail with that peculiar jog that is neither a run nor a walk. They seemed quite at ease with the world. Speech and laughter rang languid and carefree. But as they swung from the saddles their eyes swept the group before them with the vigilance of searchlights in time of war.

Brill Healy leaned forward, his right hand resting lightly on his thigh.

"So you've come back, Mr. Keller," he said.

"As you see."

"But not on that roan of yours, I notice."

"You notice correctly, seh."

"Now I wonder why." Healy spoke with a drawl, but his eyes glittered menacingly.

"I expect you know why, Mr. Healy," came the quiet retort.

"Meaning?"

"That the roan was stolen from the pasture two nights ago. Do you happen to know the name of the thief?"

The cattleman laughed harshly, but behind his laughter lay rising anger. "So that's the story you're telling, eh? Sounds most as convincing as that yarn about the pocketknife you picked up."

"I'm not quite next to your point. Have I got to explain to you why I do or don't ride a certain horse, seh?"

"It ain't necessary. We all know why. You ain't riding it because there is a bullet wound in the roan's flank that might be some hard to explain."

"I don't know what you mean. I haven't seen the horse for two days. It was stolen, as I say. Apparently you know a good deal about that roan. I'd be right pleased to hear what you know, Mr. Healy."

"Glad to death to wise you, Mr. Keller. That roan was in Noches yesterday, and you were on its back."

The nester shook his head. "No, I reckon not."

Yeager broke in abruptly: "What have you got up your sleeve, Brill? Spit it out."

"Glad to oblige you, too, Jim. The First National at Noches was held up yesterday, about half-past three or four, by some masked men. Slim and Jim Budd were around and recognized that roan and its rider."

"You mean——"

"You've guessed it, Jim. I mean that your friend, the rustler, is a bank robber, too."

"Yesterday, you say, at four o'clock?"

"About four, yes."

Yeager's face cleared. "Then that lets him out. I was with him yesterday all day."

"Any one else with him?"

"No. We were alone."

"Where?"

"Out in the hills."

"Didn't happen to meet a soul all day maybe?"

"No; what of it?"

Healy barked out again his hard laugh of incredulity. "Go slow, Jim. That ain't going to let him out. It's going to let you in."

Yeager took a step toward him, fists clenched, and eyes flashing. "I'll not stand for that, Brill."

Healy waved him aside. "I've got no quarrel with you, Jim. I ain't making any charges against you to-day. But when it comes to Mr. Keller, that's different." His gaze shifted to the nester and carried with it implacable hostility. "I back my play. He's not only a rustler, he's a bank robber, too. What's more, he'll never leave here alive, except with irons on his wrists!"

"Have you a warrant for my arrest, Mr. Healy?" inquired Keller evenly.

"Don't need one. Furthermore, I'd as lief take you in dead as alive. You cayn't hide behind a girl's skirts this time," continued Healy. "You've got to stand on your own legs and take what's coming. You're a bad outfit. We know you for a rustler, and that's enough. But it ain't all. Yesterday you gave us surplusage when you shot up three men in Noches. Right now I serve notice that you've reached the limit."

"You serve notice, do you?"

"You're right, I do."

"But not legal notice, Mr. Healy."

At sight of his enemy standing there so easy and undisturbed, facing death so steadily and so alertly, Brill's passion seethed up and overflowed. Fury filmed his eyes. He saw red. With a jerk, his revolver was out and smoking. A stop watch could scarce have registered the time before Keller's weapon was answering.

But that tenth part of a second made all the difference. For the first heavy bullet from Healy's .44 had crashed into the shoulder of his foe. The shock of it unsteadied the nester's aim. When the smoke cleared it showed the Bear Creek man sinking to the ground, and the right arm of the other hanging limply at his side.

At the first sound of exploding revolvers, Phyllis had grown rigid, but the fusillade had not died away before she was flying along the hall to the porch.

Brill Healy's voice, cold and cruel, came to her in even tones:

"I reckon I've done this job right, boys. If he hadn't winged me, and if Jim hadn't butted in, I'd a-done it more thorough, though."

Yeager was bending over the man lying on the ground. He looked up now and spoke bitterly: "You've murdered an innocent man. Ain't that thorough enough for you?"

Then, catching sight of Cuffs on the porch of the house, Yeager issued orders sharply: "Get on my horse and ride like hell for Doc Brown! Bob, you and Luke help me carry him into the house. What room, Phyl?"

"My room, Jim. Oh, Cuffs, hurry, please!" With that she was gone into the house to make ready the bed for the wounded man.

Healy picked up the revolver that had fallen from his hand, and slid it back into the holster.

"That's right, boys. Take him in and let Phyl patch up the coyote if she can. I reckon this time, she'll have her hands plumb full. Beats all how a decent girl can take up with a ruffian and a scoundrel."

"That will be enough from you, seh," Yeager told him sharply.

Purdy nodded. "Jim's right, Brill. This man has got what was coming to him. It ain't proper to jump him right now, when he's down and out."

"Awful tender-hearted you boys are. Come to that, I've got a pill in me, too, but of course that don't matter," Healy retorted.

"If he dies you'll have another in you, seh," Yeager told him quietly, meeting his eyes steadily for an instant. "Steady, Bob. You take his feet. That's right."

They carried the nester to the bedroom of Phyllis and laid him down gently on the bed. His eyes opened and he looked about him as if to ask where he was. He seemed to understand what had happened, for presently he smiled faintly at his friend and said:

"Beat me to it, Jim. I'm bust up proper this time."

"He shot without giving warning."

Keller moved his head weakly in dissent. "No, I knew just when he was going to draw, but I had to wait for him."

The big, husky plainsmen undressed him with the tenderness of women, and did their best with the help of Aunt Becky, to take care of his wounds temporarily. After these had been dressed Phyllis and the old colored woman took charge of the nursing and dismissed all the men but Yeager.

It would be many hours before Doctor Brown arrived, and it took no critical eyes to see that this man was stricken low. All the supple strength and gay virility were out of him. Three of the bullets had torn through him. In her heavy heart the girl believed he was going to die. While Yeager was out of the room she knelt down by the bedside, unashamed, and asked for his life as she had never prayed for anything before.

By this time his fever was high and he was wandering in his head. The wild look of delirium was in his eyes, and faint weak snatches of irrelevant speech on his lips. His moans stabbed her heart. There was nothing she could do for him but watch and wait and pray. But what little was to be done in the way of keeping his hot head cool with wet towels her own hands did jealously. Jim and Aunt Becky waited on her while she waited on the sick man.

About midnight the doctor rode up. All day and most of the night before he had been in the saddle. Cuffs had found him across the divide, nearly forty miles away, working over a boy who had been bitten by a rattlesnake. But he brought into the sick room with him that manner of cheerful confidence which radiates hope. You could never have guessed that he was very tired, nor, after the first few minutes, did he know it himself. He lost himself in his case, flinging himself into the breach to turn the tide of what had been a losing battle.


CHAPTER XX

YEAGER RIDES TO NOCHES


Jim Yeager had not watched through the long day and night with Phyllis without discovering how deeply her feelings were engaged. His unobtrusive readiness and his constant hopefulness had been to her a tower of strength during the quiet, dreadful hours before the doctor came.

Once, during the night, she had followed him into the dark hall when he went out to get some fresh cold water, and had broken down completely.

"Is he—is he going to die?" she besought of him, bursting into tears for the first time.

Jim patted her shoulder awkwardly. "Now, don't you, Phyl. You got to buck up and help pull him through. Course he's shot up a heap, but then a man like him can stand a lot of lead in his body. There aren't any of these wounds in a vital place. Chief trouble is he's lost so much blood. That's where his clean outdoor life comes in to help build him up. I'll bet Doc Brown pulls him through."

"Are you just saying that, Jim, or do you really think so?"

"I'm saying it, and I think it. There's a whole lot in gaming a thing out. What we've got to do is to think he's going to make it. Once we give up, it will be all off."

"You are such a help, Jim," she sighed, dabbing at her eyes with her little handkerchief. "And you're the best man."

"That's right. I'll be the best man when we pull off that big wedding of yours and his."

Her heart went out to him with a rush. "You're the only friend both of us have," she cried impulsively.

With the coming of Doctor Brown, Jim resigned his post of comforter in chief, but he stayed at Seven Mile until the crisis was past and the patient on the mend. Next day Slim, Budd, and Phil Sanderson rode in from Noches. They were caked with the dust of their fifty-mile ride, but after they had washed and eaten, Yeager had a long talk with them. He learned, among other things, that Healy had telephoned Sheriff Gill that Keller was lying wounded at Seven Mile, and that the sheriff was expecting to follow them in a few hours.

"Coming to arrest Brill for assault with intent to kill, I reckon," Yeager suggested dryly.

Phil turned on him petulantly. "What's the use of you trying to get away with that kind of talk, Jim? This fellow Keller was recognized as one of the robbers."

"That ain't what Slim has just been telling, Phil. He says he recognized the hawss, and thinks it was Keller in the saddle. Now, I don't think anything about it. I know Keller was with me in the hills when this hold-up took place."

"You're his friend, Jim," the boy told him significantly.

"You bet I am. But I ain't a bank robber, if that's what you mean, Phil."

His clear eyes chiselled into those of the boy and dominated him.

"I didn't say you were," Phil returned sulkily. "But I reckon we all recall that you lied for him once. Whyfor would it be a miracle if you did again?"

Jim might have explained, but did not, that it was not for Keller he had lied. He contented himself with saying that the roan with the white stockings had been stolen from the pasture before the holdup. He happened to know, because he was spending the night in Keller's shack with him at the time.

Slim cut in, with drawling sarcasm: "You've got a plumb perfect alibi figured out for him, Jim. I reckon you've forgot that Brill saw him riding through the Pass with the rest of his outfit."

"Brill says so. I say he didn't," returned Yeager calmly.

Toward evening Gill arrived and formally put Keller under arrest. Practically, it amounted only to the precaution of leaving a deputy at the ranch as a watch, for one glance had told the sheriff that the wounded man would not be in condition to travel for some time.

It was the following day that Yeager saddled and said good-by to Phyllis.

"I'm going to Noches to see if I cayn't find out something. It don't look reasonable to me that those fellows could disappear, bag and baggage, into a hole and draw it in after them."

"What about Brill's story that he saw them at the Pass?" the girl asked.

"He may have seen four men, but he ce'tainly didn't see Larrabie Keller. My notion is, Brill lied out of whole cloth, but of course I'm not in a position to prove it. Point is, why did he lie at all?"

Phyllis blushed. "I think I know, Jim."

Yeager smiled. "Oh, I know that. But that ain't, to my way of thinking, motive enough. I mean that a white man doesn't try to hang another just because he—well, because he cut him out of his girl."

"I never was his girl," Phyllis protested.

"I know that, but Brill couldn't get it through his thick head till a stone wall fell on him and give him a hint."

"What other motive are you thinking of, Jim?"

He hesitated. "I've just been kinder milling things around. Do you happen to know right when you met Brill the day of the robbery?"

"Yes. I looked at my watch to see if we would be in time for supper. It was five-thirty."

"And the robbery was at three. The fellows didn't get out of town till close to three-thirty, I reckon," he mused aloud.

"What has that got to do with it? You don't mean that——" She stopped with parted lips and eyes dilating.

He shook his head. "I've got no right to mean that, Phyllie. Even if I did have a kind of notion that way I'd have to give it up. Brill's got a steel-bound, copper-riveted alibi. He couldn't have been at Noches at three o'clock and with you two hours later, fifty-five miles from there. No hawss alive could do it."

"But, Jim—why, it's absurd, anyway. We've known Brill always. He couldn't be that kind of a man. How could he?"

"I didn't say he could," returned her friend noncommittally. "But when it comes to knowing him, what do you know about him—or about me, say? I might be a low-lived coyote without you knowing it. I might be all kinds of a devil. A good girl like you wouldn't know it if I set out to keep it still."

"I could tell by looking at you," she answered promptly.

"Yes, you could," he derided good-naturedly. "How would you know it? Men don't squeal on each other."

"Do you mean that Brill isn't—what we've always thought him?"

"I'm not talking about Brill, but about Jim Yeager," he evaded. "He'd hate to have you know everything that's mean and off color he ever did."

"I believe you must have robbed the bank yourself, Jim," she laughed. "Are you a rustler, too?"

He echoed her laugh as he swung to the saddle. "I'm not giving myself away any more to-day."

Brill Healy rode up, his arm in a sling. Deep rings of dissipation or of sleeplessness were under his eyes. He looked first at Yeager and then at the young woman, with an ugly sneer. "How's your dear patient, Phyl?"

"He is better, Brill," she answered quietly, with her eyes full on him. "That is, we hope he is better. The doctor isn't quite sure yet."

"Some of us don't hope it as much as the rest of us, I reckon."

She said nothing, but he read in her look a contempt that stung like the lash of a whip.

"He'll be worse again before I'm through with him," the man cried, with a furious oath.

Phyllis measured him with her disdainful eye, and dismissed him. She stepped forward and shook hands with Yeager.

"Take care of yourself, Jim, and don't spare any expense that is necessary," she said.

For a moment she watched her friend canter off, then turned on her heel, and passed into the house, utterly regardless of Healy.

Yeager reached Noches late, for he had unsaddled and let his horse rest at Willow Springs during the heat of the broiling day.

After he had washed and had eaten, Yeager drifted to the Log Cabin Saloon and gambling house. Here was gathered the varied and turbulent life of the border country. Dark-skinned Mexicans rubbed shoulders with range riders baked almost as brown by the relentless sun. Pima Indians and Chinamen and negroes crowded round the faro and dice tables. Games of monte and chuckaluck had their devotees, as had also roulette and poker.

It was a picturesque scene of strong, untamed, self-reliant frontiersmen. Some of them were outlaws and criminals, and some were as simple and tender-hearted as children. But all had become accustomed to a life where it is possible at any moment to be confronted with sudden death.

A man playing the wheel dropped a friendly nod at Jim. He waited till the wheel had stopped and saw the man behind it rake in his chips before he spoke. Then, as he scattered more chips here and there over the board, he welcomed Yeager with a whoop.

"Hi there, Malpais! What's doing in the hills these yere pleasant days?"

"A little o' nothin', Sam. The way they're telling it you been having all the fun down here."

Sam Wilcox gathered the chips pushed toward him by the croupier and cashed in. He was a heavy-set, bronzed man, with a bleached, straw-colored mustache. Taking his friend by the arm, he led him to one end of the bar that happened for the moment to be deserted.

"Have something, Jim. Oh, I forgot. You're ridin' the water wagon and don't irrigate. More'n I can say for some of you Malpais lads. Some of them was in here right woozy the other day."

"The boys will act the fool when they hit town. Who was it?"

"Slim and Budd and young Sanderson."

"Was Phil Sanderson drunk?" Yeager asked, hardly surprised, but certainly troubled.

"I ain't sure he was, but he was makin' the fur fly at the wheel, there. Must have dropped two hundred dollars."

Jim's brows knit in a puzzled frown. He was wondering how the boy had come by so much money at a time.

"Who was he trailin' with?"

"With a lad called Spiker, that fair-haired guy sitting in at the poker table. He's another youngster that has been dropping money right plentiful."

"Who is he?"

"He's what they call a showfer. He runs one o' these automobiles; takes parties out in it."

"Been here long? Looks kind o' like a tinhorn gambler."

"Not long. He's thick with some of you Malpais gents. I've seen him with Healy a few."

"Oh, with Healy."

Jim regarded the sportive youth more attentively, and presently dropped into a vacant seat beside him, buying twenty dollars worth of chips.

Spiker was losing steadily. He did not play either a careful or a brilliant game. Jim, playing very conservatively, and just about holding his own, listened to the angry bursts and the boastings of the man next him, and drew his own conclusions as to his character. After a couple of hours of play the Malpais man cashed in and went back to the hotel where he was putting up.

He slept till late, ate breakfast leisurely, and after an hour of looking over the paper and gossiping with the hotel clerk about the holdup he called casually upon the deputy sheriff. Only one thing of importance he gleaned from him. This was that the roan with the white stockings had been picked up seven miles from Noches the morning after the holdup.

This put a crimp in Healy's story of having seen Keller in the Pass on the animal. Furthermore, it opened a new field for surmise. Brill Healy said that he had seen the horse with a wound in its flank. Now, how did he know it was wounded, since Slim had not mentioned this when he had telephoned? It followed that if he had not seen the broncho—and that he had seen it was a sheer physical impossibility—he could know of the wound only because he was already in close touch with what had happened at Noches.

But how could he be aware of what was happening fifty miles away? That was the sticker Jim could not get around. His alibi was just as good as that of the horse. Both of them rested on the assumption that neither could cover the ground between two given points in a given time. There was one other possible explanation—that Healy had been in telephonic communication with Noches before he met Phyllis. But this seemed to Jim very unlikely, indeed. By his own story he had been cutting trail all afternoon and had seen nobody until he met Phyllis.

Yeager called on the cashier, Benson, later in the day, and had a talk with him and with the president, Johnson. Both of these were now back at their posts, though the latter was not attempting much work as yet. Jim talked also with many others. Some of them had theories, but none of them had any new facts to advance.

The young cattleman put up at the same hotel as Spiker and struck up a sort of intimacy with him. They sometimes loafed together during the day, and at night they were always to be seen side by side at the poker table.


CHAPTER XXI

BREAKING DOWN AN ALIBI


Keller found convalescence under the superintendence of Miss Sanderson one of the great pleasures of his life. Her school was out for the summer and she was now at home all day. He had never before found time to be lazy, and what dreaming he had done had been in the stress of action. Now he might lie the livelong day and not too obviously watch her brave, frank youth as she moved before him or sat reading. For the first time in his life he was in love!

But as the nester grew better he perceived that she was withdrawing herself from him. He puzzled over the reason, not knowing that her brother, Phil, was troubling her with flings and accusations thrown out bitterly because his boyish concern for her good name could find no gentler way to express itself.

"They're saying you're in love with the fellow—and him headed straight for the pen," he charged.

"Who says it, Phil?" she asked quietly, but with flaming cheeks.

He smote his fist on the table. "It don't matter who says it. You keep away from him. Let Aunt Becky nurse him. You haven't any call to wait on him, anyhow. If he's got to be nursed by one of the family, I'll do it."

He tried to keep his word, and as a result of it the wounded man had to endure his sulky presence occasionally. Keller was man of the world enough to be amused at his attitude, and yet was interested enough in the lad's opinion of him to keep always an even mood of cheerful friendliness. There was a quantity of winsome camaraderie about him that won its way with Phil in spite of himself. Moreover, all the boy in him responded to the nester's gameness, the praises of which he heard on all sides.

"I see you have quite made up your mind I'm a skunk," the wounded man told him amiably.

"You robbed the bank at Noches and shot up three men that hadn't hurt you any," the boy retorted defiantly.

"Not unless Jim Yeager is a liar."

"Oh, Jim! No use going into that. He's your friend. I don't know why, but he is."

"And you're Brill Healy's. That's why you won't tell that he was carrying your sister's knife the day I saw you and him first."

The boy flashed toward the bed startled eyes. Keller was looking at him very steadily.

"Who says he had Phyl's knife?"

"Hadn't he?"

"What difference does that make, anyhow? I hear you're telling that you found the knife beside the dead cow. You ain't got any proof, have you?" challenged young Sanderson angrily.

"No proof," admitted the other.

"Well, then." Phil chewed on it for a moment before he broke out again: "I reckon you cayn't talk away the facts, Mr. Keller. We caught you in the act—caught you good. By your own story, you're the man we came on. What's the use of you trying to lay it on me and Brill?"

"Am I trying to lay it on you?"

"Looks like. On Brill, anyhow. There's nothing doing. Folks in this neck of the woods is for him and against you. Might as well sabe that right now," the lad blurted.

"I sabe that some of them are," the other laughed, but not with quite his usual debonair gayety. For he did not at all like the way things looked.

But though Phil had undertaken to do all the nursing that needed to be done by the family, he was too much of an outdoors dweller to confine himself for long to the four walls of a room. Besides, he was often called away by the work of looking after the cattle of the ranch. Moreover, both he and his father were away a good deal arranging for the disposal of their sheep. At these times her patient hoped, and hoped in vain, that Phyllis would take her brother's place.

Came a day when Keller could stand it no longer. In Becky's absence, he made shift to dress himself, bit by bit, lying on the bed in complete exhaustion after the effort of getting into each garment. He could scarce finish what he had undertaken, but at last he was clothed and ready for the journey. Leaning on a walking stick, he dragged himself into the passage and out to the porch, where Phyllis was sitting alone.

She gave a startled cry at sight of him standing there, haggard and white, his clothes hanging on his gaunt frame much as if he had been a skeleton.

"What are you doing?" she cried, running to his aid.

After she had got him into her chair, he smiled up at her and panted weakly. He was leaning back in almost complete exhaustion.

"You wouldn't come to see me, so—I came—to see you," he gasped out, at last.

"But—you shouldn't have! You might have done yourself a great injury. It's—it's criminal of you."

"I wanted to see you," he explained simply.

"Why didn't you send for me?"

"There wasn't anybody to send. Besides, you wouldn't have stayed. You never do, now."

She looked at him, then looked away. "You don't need me now—and I have my work to do."

"But I do need you, Phyllie."

It was the first time he had ever spoken the diminutive to her. He let out the word lingeringly, as if it were a caress. The girl felt the color flow beneath her dusky tan. She changed the subject abruptly.

"None of the boys are here. How am I to get you back to your room?"

"I'll roll a trail back there presently, ma'am."

She looked helplessly round the landscape, in hope of seeing some rider coming to the store. But nobody was in sight.

"You had no business to come. It might have killed you. I thought you had better sense," she reproached.

"I wanted to see you," he parroted again.

Like most young women, she knew how to ignore a good deal. "You'll have to lean on me. Do you think you can try it now?"

"If I go, will you stay with me and talk?" he bargained.

"I have my work to do," she frowned.

"Then I'll stay here, thank you kindly." He settled back into the chair and let her have his gay smile. Nevertheless, she saw that his lips were colorless.

"Yes, I'll stay," she conceded, moved by her anxiety.

"Every day?"

"We'll see."

"All right," he laughed weakly. "If you don't come, I'll take a pasear and go look for you." She helped him to his feet and they stood for a moment facing each other.

"You must put your hand on my shoulder and lean hard on me," she told him.

But when she saw the utter weakness of him, her arm slipped round his waist and steadied him.

"Now then. Not too fast," she ordered gently.

They went back very slowly, his weight leaning on her more at every step. When they reached his room, Keller sank down on the bed, utterly exhausted. Phyllis ran for a cordial and put it to his lips. It was some time before he could even speak.

"Thank you. I ain't right husky yet," he admitted.

"You mustn't ever do such a thing again," she charged him.

"Not ever?"

"Not till the doctor says you're strong enough to move."

"I won't—if you'll come and see me every day," he answered irrepressibly.

So every afternoon she brought a book or her sewing, and sat by him, letting Phil storm about it as much as he liked. These were happy hours. Neither spoke of love, but the air was electrically full of it. They laughed together a good deal at remarks not intrinsically humorous, and again there were conversational gaps so highly charged that she would rush at them as a reckless hunter takes a fence.

As he got better, he would be propped up in bed, and Aunt Becky would bring in tea for them both. If there had been any corner of his heart unwon it would have surrendered then. For to a bachelor the acme of bliss is to sit opposite a girl of whom he is very fond, and to see her buttering his bread and pouring his tea with that air of domesticity that visualizes the intimacy of which he has dreamed. Keller had played a lone hand all his turbulent life, and this was like a glimpse of Heaven let down to earth for his especial benefit.

It was on such an occasion that Jim Yeager dropped in on them upon his return from Noches. He let his eyes travel humorously over the room before he spoke.

"Why for don't I ever have the luck to be shot up?" he drawled.

"Oh, you Jim!" Keller called a greeting from the bed. Phyllis came forward, and, with a heightened color, shook hands with him.

"You'll sit down with us and have some tea, Jim," she told him.

"Me? I'm no society Willie. Don't know the game at all, Phyl. Besides, I'm carrying half of Arizona on my clothes. It's some dusty down in the Malpais."

Nevertheless he sat down, and, over the biscuits and jam, told the meagre story of what he had found out.

The finding of the stocking-footed roan near Noches so soon after the robbery disposed of Healy's lie, though it did not prove that Keller had not been riding it at the time of the holdup. As for Healy, Yeager confessed he saw no way of implicating him. His alibi was just as good as that of any of them.

But there was one person his story did involve, and that was Spiker, the tinhorn, tenderfoot sport of Noches. During the absence of this young man at the gaming table, Jim and his friend, Sam Weaver, had got into his room with a skeleton key and searched it thoroughly. They had found, in a suit case, a black mask, a pair of torn and shiny chaps, a gray shirt, a white, dusty sombrero, much the worse for wear, and over three hundred dollars in bills.

"What does he pretend his business is?" Keller asked, when Jim had finished.

"Allows he's a showfer. Drives folks around in a gasoline wagon. That's the theory, but I notice he turned down a mining man who wanted to get him to run him into the hills on Monday. Said he hadn't time. The showfer biz is a bluff, looks like."

The nester made no answer. His eyes, narrowed to slits, were gazing out of the window absently. Presently he came from deep thought to ask Yeager to hand him the map he would find in his inside coat pocket. This he spread out on the bed in front of him. When at last he looked up he was smiling.

"I reckon it's no bluff, Jim. He's a chauffeur, all right, but he only drives out select outfits."

"Meaning?"

The map lying in front of Keller was one of Noches County. The nester located, with his index finger, the town of that name, and traced the road from it to Seven Mile. Then his finger went back to Noches, and followed the old military road to Fort Lincoln, a route which almost paralleled the one to the ranch.

The eyes of Phyllis were already shining with excitement. She divined what was coming.

"Is this road still travelled, Jim?"

"It goes out to the old fort. Nobody has lived there for most thirty years. I reckon the road ain't travelled much."

"Strikes through Del Oro Cañon, doesn't it, right after it leaves Noches?"

"Yep."

"I reckon, Jim, your friend, Spiker, drove a party out that way the afternoon of the holdup," the nester drawled smilingly. "By the way, is your friend in the lockup?"

"He sure is. The deputy sheriff arrested him same night we went through his room."

"Good place for him. Well, it looks like we got Mr. Healy tagged at last. I don't mean that we've got the proof, but we can prove he might have been on the job."

"I don't see it, Larry. I reckon my head's right thick."

"I see it," spoke up Phyllis quickly.

Keller smiled at her. "You tell him."

"Don't you see, Jim? The motor car must have been waiting for them somewhere after they had robbed the bank," she explained.

"At the end of Del Oro Cañon, likely," suggested the nester.

She nodded eagerly. "Yes, they would get into the cañon before the pursuit was in sight. That is why they were not seen by Slim and the rest of the posse."

Yeager looked at her, and as he looked the certainty of it grew on him. His mind began to piece out the movements of the outlaws from the time they left Noches. "That's right, Phyl. His car is what he calls a hummer. It can go like blazes—forty miles an hour, he told me. And the old fort road is a dandy, too."

"They would leave the automobile at Willow Creek, and cut across to the Pass," she hazarded.

"All but Brill. Being bridlewise, he rode right for Seven Mile to make dead sure of his alibi, whilst the others made their getaway with the loot. When he happened to meet you on the way, he would be plumb tickled, for that cinched things proper for him. You would be a witness nobody could get away from."

"And what about their hawsses? Did they bring the bronchs in the car, too?" drawled Keller, an amused flicker in his eyes.

The others, who had been swimming into their deductions so confidently, were brought up abruptly. Phyllis glanced at Jim and looked foolish.

"The bronchs couldn't tag along behind at a forty per clip. That's right," admitted Yeager blankly.

"I hadn't thought about that. And they had to have their horses with them to get from Willow Creek to the Pass. That spoils everything," the girl agreed.

Then, seeing her lover's white teeth flashing laughter at her, she knew he had found a way round the difficulty. "How would this do, partners—just for a guess: The car was waiting for them at the end of the Del Oro Cañon. They dumped their loot into it, then unsaddled and threw all the saddles in, too. They gave the bronchs a good scare, and started them into the hills, knowing they would find their way back home all right in a couple of days. At Willow Creek they found hawsses waiting for them, and Mr. Spiker hit the back trail for Noches, with his car, and slid into town while everybody was busy about the robbery."

"Sure. That would be the way of it," his friend nodded. "All we got to do now is to get Spiker to squeal."

"If he happens to be a quitter."

"He will—under pressure. He's that kind."

A knock came on the door, and Tom Benwell, the store clerk, answered her summons to come in.

"It's Budd, Miss Phyl. He came to see about getting-that stuff you was going to order for a dress for his little girl," the storekeeper explained.

Phyllis rose and followed the man back to the store. When she had gone, Jim stepped to the door and shut it. Returning, he sat down beside the bed.

"Larry, I didn't tell all I know. That hat in Spiker's room had the initials P.S. written on the band. What's more, I knew the hat by a big coffee stain splashed on the crown. It happens I made that stain myself on the round-up onct when we were wrastling and I knocked the coffeepot over."

Keller looked at his friend gravely. "It was Phil Sanderson's hat?"

Yeager nodded assent. "He must have loaned his old hat to Spiker for the holdup."

"You didn't turn the hat over to the sheriff?"

"Not so as you could notice it. I shoved it in my jeans and burnt it over my camp fire next day."

"This mixes things up a heap. If Phil is in this thing—and it sure looks that way—it ties our hands. I'd like to have a talk with Spiker before we do anything."

"What's the matter with having a talk with Phil? Why not shove this thing right home to him?"

The nester shook his head. "Let's wait a while. We don't want to drive Healy away yet. If the kid's in it he would go right to Healy with the whole story."

Yeager swore softly. "It's all Brill's fault. He's been leading Phil into devilment for two years now."

"Yes."

"And all the time been playing himself for the leader of us fellows that are against the rustlers and that Bear Creek outfit," continued Jim bitterly. "Why, we been talking of electing him sheriff. Durn his forsaken hide, he's been riding round asking the boys to vote for him on a promise to clean out the miscreants."

"You can oppose him, of course. But we have no absolute proof against him yet. We must have proof that nobody can doubt."

"I reckon. And'll likely have to wait till we're gray."

"I don't think so. My guess is that he's right near the end of his rope. We're going to make a clean-up soon as I get solid on my feet."

"And Phil? What if we catch him in the gather, and find him wearing the bad-man brand?"

Keller's eyes met those of his friend. "There never was a rodeo where some cattle didn't slip through unnoticed, Jim."