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A Question Of Possession
by
Gray had a brother living in one of the border towns of Kansas, and it was thought he would head for this place. Should he take the horses into the State, all the better, as they could invoke the courts of another State and get other sheriffs to help.
Sixty years of experience with an uncharitable world had made Gray distrustful of his fellow man, though he did not wish to be so. So when he reached his brother in Kansas without molestation, he exercised caution enough to leave the herd of horses in the territory. The courts of this neutral strip were Federal, and located at points in adjoining States, but there was no appeal to them in civil cases. United States marshals looked after the violators of law against the government.
Sheriff Ninde sent his deputy to do the Sherlock act for him as soon as the horses were located. This the deputy had no trouble in doing, as this sized bunch of horses could not well be hidden, nor was there any desire on the part of Gray to conceal them.
The horses were kept under herd day and night in a near-by pasture. Gray usually herded by day, and two young men, one his son, herded by night. Things went on this way for a month. In the mean time the deputy had reported to the sheriff, who came on to personally supervise the undertaking. Gray was on the lookout, and was aware of the deputy’s presence. All he could do was to put an extra man on herd at night, arm his men well, and await results.
The deputy secretly engaged seven or eight bad men of the long-haired variety, such as in the early days usually graced the frontier towns with their presence. This brand of human cattle were not the disturbing element on the border line of civilization that writers of that period depicted, nor the authors of the bloodcurdling drama portrayed. The average busy citizen paid little attention to them, considering them more ornamental than useful. But this was about the stripe that was wanted and could be secured for the work in hand. A good big bluff was considered sufficient for the end in view. This crowd was mounted, armed to the teeth, and all was ready. Secrecy was enjoined on every one. Led by the sheriff and his deputy, they rode out about midnight to the pasture and found the herd and herders.
“What do you fellows want here?” demanded young Gray, as Ninde and his posse rode up.
“We want these horses,” answered the sheriff.
“On what authority?” demanded Gray.
“This is sufficient authority for you,” said the sheriff, flashing a six-shooter in young Gray’s face. All the heelers to the play now jumped their horses forward, holding their six-shooters over their heads, ratcheting the cylinders of their revolvers by cocking and lowering the hammers, as if nothing but a fight would satisfy their demand for gore.
“If you want these horses that bad,” said young Gray, “I reckon you can get them for the present. But I want to tell you one thing–there are sixty head of horses here under herd with ours, outside the ’96’ brand. They belong to men in town. If you take them out of this pasture to-night, they might consider you a horse-thief and deal with you accordingly. You know you are doing this by force of arms. You have no more authority here than any other man, except what men and guns give you. Good-night, sir, I may see you by daylight.”
Calling off his men, they let little grass grow under their feet as they rode to town. The young man roused his father and uncle, who in turn went out and asked their friends to come to their assistance. Together with the owners of the sixty head, by daybreak they had eighteen mounted and armed men.
The sheriff paid no attention to the advice of young Gray, but when day broke he saw that he had more horses than he wanted, as there was a brand or two there he had no claim on, just or unjust, and they must be cut out or trouble would follow. One of the men with Ninde knew of a corral where this work could be done, and to this corral, which was at least fifteen miles from the town where the rescue party of Gray had departed at daybreak, they started. The pursuing posse soon took the trail of the horses from where they left the pasture, and as they headed back toward Texas, it was feared it might take a long, hard ride to overtake them. The gait was now increased to the gallop, not fast, probably covering ten miles an hour, which was considered better time than the herd could make under any circumstances.