The judge of
the United States court of the district lying along the Rio
Grande border found the following letter one morning in his
mail:
JUDGE:
When you sent me up for four years you made a talk. Among other
hard things, you called me a rattlesnake. Maybe I am one --
anyhow, you hear me rattling now. One year after I got to the
pen, my daughter died of -- well, they said it was poverty and
the disgrace together. You've got a daughter, Judge, and I'm
going to make you know how it feels to lose one. And I'm going
to bite that district attorney that spoke against me. I'm free
now, and I guess I've turned to rattlesnake all right. I feel
like one. I don't say much, but this is my rattle. Look out when
I strike.
Yours respectfully,
RATTLESNAKE.
Judge Derwent threw the letter carelessly aside. It was nothing
new to receive such epistles from desperate men whom he had been
called upon to judge. He felt no alarm. Later on he showed the
letter to Littlefield, the young district attorney, for
Littlefield's name was included in the threat, and the judge was
punctilious in matters between himself and his fellow men.
Littlefield honoured the rattle of the writer, as far as it
concerned himself, with a smile of contempt; but he frowned a
little over the reference to the Judge's daughter, for he and
Nancy Derwent were to be married in the fall.
Littlefield went to the clerk of the court and looked over the
records with him. They decided that the letter might have been
sent by Mexico Sam, a half-breed border desperado who had been
imprisoned for manslaughter four years before. Then official
duties crowded the mat- ter from his mind, and the rattle of the
revengeful serpent was forgotten.
Court was in session at Brownsville. Most of the cases to be
tried were charges of smuggling, counterfeiting, post-office
robberies, and violations of Federal laws along the border. One
case was that of a young Mexican, Rafael Ortiz, who had been
rounded up by a clever deputy marshal in the act of passing a
counterfeit silver dollar. He had been suspected of many such
deviations from rectitude, but this was the first time that
anything provable had been fixed upon him. Ortiz languished
cozily in jail, smoking brown cigarettes and waiting for trial.
Kilpatrick, the deputy, brought the counterfeit dollar and
handed it to the district attorney in his office in the court-house.
The deputy and a reputable druggist were prepared to swear that
Ortiz paid for a bottle of medicine with it. The coin was a poor
counterfeit, soft, dull-looking, and made principally of lead.
It was the day before the morning on which the docket would
reach the case of Ortiz, and the district attorney was preparing
himself for trial.
"Not much need of having in high-priced experts to prove the
coin's queer, is there, Kil?" smiled Littlefield, as he thumped
the dollar down upon the table, where it fell with no more ring
than would have come from a lump of putty.
"I guess the Greaser's as good as behind the bars," said the
deputy, easing up his holsters. "You've got him dead. If it had
been just one time, these Mexicans can't tell good money from
bad; but this little yaller rascal belongs to a gang of
counterfeiters, I know. This is the first time I've been able to
catch him doing the trick. He's got a girl down there in them
Mexican jacals on the river bank. I seen her one day when I was
watching him. She's as pretty as a red heifer in a flower bed."
Littlefield shoved the counterfeit dollar into his pocket, and
slipped his memoranda of the case into an envelope. Just then a
bright, winsome face, as frank and jolly as a boy's, appeared in
the doorway, and in walked Nancy Derwent.
"Oh, Bob, didn't court adjourn at twelve to-day until to-morrow?"
she asked of Littlefield.
"It did," said the district attorney, "and I'm very glad of it.
I've got a lot of rulings to look up, and -- "
"Now, that's just like you. I wonder you and father don't turn
to law books or rulings or something! I want you to take me out
plover-shooting this afternoon. Long Prairie is just alive with
them. Don't say no, please! I want to try my new twelve-bore
hammerless. I've sent to the livery stable to engage Fly and
Bess for the buckboard; they stand fire so nicely. I was sure
you would go."
They were to be married in the fall. The glamour was at its
height. The plovers won the day -- or, rather, the afternoon --
over the calf-bound authorities. Littlefield began to put his
papers away.
There was a knock at the door. Kilpatrick answered it. A
beautiful, dark-eyed girl with a skin tinged with the faintest
lemon colour walked into the room. A black shawl was thrown over
her head and wound once around her neck.
She began to talk in Spanish, a voluble, mournful stream of
melancholy music. Littlefield did not under- stand Spanish. The
deputy did, and he translated her talk by portions, at intervals
holding up his hand to check the flow of her words.
"She came to see you, Mr. Littlefield. Her name's Joya Treviñas.
She wants to see you about -- well, she's mixed up with that
Rafael Ortiz. She's his -- she's his girl. She says he's
innocent. She says she made the money and got him to pass it.
Don't you believe her, Mr. Little-field. That's the way with
these Mexi- can girls; they'll lie, steal, or kill for a fellow
when they get stuck on him. Never trust a woman that's in love!"
"Mr. Kilpatrick!"
Nancy Derwent's indignant exclamation caused the deputy to
flounder for a moment in attempting to explain that he had
misquoted his own sentiments, and then he event on with the
translation:
"She says she's willing to take his place in the jail if you'll
let him out. She says she was down sick with the fever, and the
doctor said she'd die if she didn't have medicine. That's why he
passed the lead dollar on the drug store. She says it saved her
life. This Rafal. seems to be her honey, all right; there's a
lot of stuff in her talk about love and such things that you
don't want to hear."
It was an old story to the district attorney.
"Tell her," said he, "that I can do nothing. The case comes up
in the morning, and he will have to make his fight before the
court."
Nancy Derwent was not so hardened. She was look- ing with
sympathetic interest at Joya Treviñas and at Littlefield
alternately. The deputy repeated the dis- trict attorney's words
to the girl. She spoke a sentence or two in a low voice, pulled
her shawl closely about her face, and left the room.
"What did she say then?" asked the district attorney.
"Nothing special," said the deputy. "She said: 'If the life of
the one' -- let's see how it went -- 'Si la vida de ella a quien
tu amas -- if the life of the girl you love is ever in danger,
remember Rafael Ortiz.'"
Kilpatrick strolled out through the corridor in the direction of
the marshal's office.
"Can't you do anything for them, Bob?" asked Nancy. "It's such a
little thing -- just one counterfeit dollar -- to ruin the
happiness of two lives! She was in danger of death, and he did
it to save her. Doesn't the law know the feeling of pity?"
"It hasn't a place in jurisprudence, Nan," said Little- field,
"especially in re the district attorney's duty. I'll promise you
that the prosecution will not be vindictive; but the man is as
good as convicted when the case is called. Witnesses will swear
to his passing the bad dollar which I have in my pocket at this
moment as 'Exhibit A.' There are no Mexicans on the jury, and it
will vote Mr. Greaser guilty without leaving the box."
The plover-shooting was fine that afternoon, and in the
excitement of the sport the case of Rafael and the grief of Joya
Treviñas was forgotten. The district attor- ney and Nancy
Derwent drove out from the town three miles along a smooth,
grassy road, and then struck across a rolling prairie toward a
heavy line of timber on Piedra Creek. Beyond this creek lay Long
Prairie, the favourite haunt of the plover. As they were nearing
the creek they heard the galloping of a horse to their right,
and saw a man with black hair and a swarthy face riding toward
the woods at a tangent, as if he had come up behind them.
"I've seen that fellow somewhere," said Littlefield, who had a
memory for faces, "but I can't exactly place him. Some ranchman,
I suppose, taking a short cut home."
They spent an hour on Long Prairie, shooting from the buckboard.
Nancy Derwent, an active, outdoor Western girl, was pleased with
her twelve-bore. She had bagged within two brace of her
companion's score.
They started homeward at a gentle trot. When within a hundred
yards of Piedra Creek a man rode out of the timber directly
toward them.
"It looks like the man we saw coming over," remarked Miss
Derwent.
As the distance between them lessened, the district attorney
suddenly pulled up his team sharply, with his eyes fixed upon
the advancing horseman. That individ- ual had drawn a Winchester
from its scabbard on his saddle and thrown it over his arm.
"Now I know you, Mexico Sam!" muttered Littlefield to himself.
"It was you who shook your rattles in that gentle epistle."
Mexico Sam did not leave things long in doubt. He had a nice eye
in all matters relating to firearms, so when he was within good
rifle range, but outside of danger from No. 8 shot, he threw up
his Winchester and opened fire upon the occupants of the
buckboard.
The first shot cracked the back of the seat within the two-inch
space between the shoulders of Littlefield and Miss Derwent. The
next went through the dashboard and Littlefield's trouser leg.
The district attorney hustled Nancy out of the buck- board to
the ground. She was a little pale, but asked no questions. She
had the frontier instinct that accepts conditions in an
emergency without superfluous argument. They kept their guns in
hand, and Littlefield hastily gathered some handfuls of
cartridges from the pasteboard box on the seat and crowded them
into his pockets
"Keep behind the horses, Nan," he commanded. "That fellow is a
ruffian I sent to prison once. He's trying to get even. He knows
our shot won't hurt him at that distance."
"All right, Bob," said Nancy steadily. "I'm not afraid. But you
come close, too. Whoa, Bess; stand still, now!"
She stroked Bess's mane. Littlefield stood with his gun ready,
praying that the desperado would come within range.
But Mexico Sam was playing his vendetta along safe lines. He was
a bird of different feather from the plover. His accurate eye
drew an imaginary line of circumference around the area of
danger from bird-shot, and upon this line lie rode. His horse
wheeled to the right, and as his victims rounded to the safe
side of their equine breast- work he sent a ball through the
district attorney's hat. Once he miscalculated in making a
détour, and over- stepped Ms margin. Littlefield's gun flashed,
and Mexico Sam ducked his head to the harmless patter of the
shot. A few of them stung his horse, which pranced promptly back
to the safety line.
The desperado fired again. A little cry came from Nancy Derwent.
Littlefield whirled, with blazing eyes, and saw the blood
trickling down her cheek.
"I'm not hurt, Bob -- only a splinter struck me. I think he hit
one of the wheel-spokes."
"Lord!" groaned Littlefield. "If I only had a charge of
buckshot!"
The ruffian got his horse still, and took careful aim. Fly gave
a snort and fell in the harness, struck in the neck. Bess, now
disabused of the idea that plover were being fired at, broke her
traces and galloped wildly away -- Mexican Sam sent a ball
neatly through the fulness of Nancy Derwent's shooting jacket.
"Lie down -- lie down!" snapped Littlefield. "close to the horse
-- flat on the ground -- so." He almost threw her upon the grass
against the back of the recum- bent Fly. Oddly enough, at that
moment the words of the Mexican girl returned to his mind:
"If the life of the girl you love is ever in danger, remem- ber
Rafael Ortiz."
Littlefield uttered an exclamation.
"Open fire on him, Nan, across the horse's back. Fire as fast as
you can! You can't hurt him, but keep him dodging shot for one
minute while I try to work a little scheme."
Nancy gave a quick glance at Littlefield, and saw him take out
his pocket-knife and open it. Then she turned her face to obey
orders, keeping up a rapid fire at the enemy.
Mexico Sam waited patiently until this innocuous fusillade
ceased. He had plenty of time, and he did not care to risk the
chance of a bird-shot in his eye when could be avoided by a
little caution. He pulled his heavy Stetson low down over his
face until the shots ceased.
Then he drew a little nearer, and fired with careful aim at what
he could see of his victims above the fallen horse. Neither of
them moved. He urged his horse a few steps nearer. He saw the
district attorney rise to one knee and deliberately level his
shotgun. He pulled his hat down and awaited the harmless rattle
of the tiny pellets.
The shotgun blazed with a heavy report. Mexico Sam sighed,
turned limp all over, and slowly fell from his horse -- a dead
rattlesnake.
At ten o'clock the next morning court opened, and the case of
the United States versus Rafael Ortiz was called. The district
attorney, with his arm in a sling, rose and addressed the court.
"May it please your honour," he said, "I desire to enter a nolle
pros. in this case. Even though the defend- ant should be
guilty, there is not sufficient evidence in the hands of the
government to secure a conviction. The piece of counterfeit coin
upon the identity of which the case was built is not now
available as evidence. I ask, therefore, that the case be
stricken off."
At the noon recess Kilpatrick strolled into the district
attorney's office.
"I've just been down to take a squint at old Mexico Sam," said
the deputy. "They've got him laid out. Old Mexico was a tough
outfit, I reckon. The boys was wonderin' down there what you
shot him with. Some said it must have been nails. I never see a
gun carry anything to make holes like he had."
"I shot him," said the district attorney, "with Exhibit A of
your counterfeiting case. Lucky thing for me -- and somebody
else -- that it was as bad money as it was! It sliced up into
slugs very nicely. Say, Kil, can't you go down to the jacals and
find where that Mexican girl lives? Miss Derwent wants to know."
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