Sioux County pioneer. (Fort Yates, Sioux County, N.D.) 1914-1929, 1915-04-16


over his shoulder, with wary. though
seemingly careless, eyes. Each knew
the other was bent on his murder.
i, At Puryy's gate Asberry waved fare.
we'll and turned in. Tamarack rode
on, but shortly he hitched his horse
in the concealment Of hollow, walled
with huge rocks. and disappeared into
the laurel.
He began climbing. in q crouched
position. bringing each foot down
noiselessly and pausing often to listen.
Jim Asberry had not been outwardly
armed when he left Spicer. But, soon.
the brakeman's delicately attuned ears
caught sound that made him lie nat
in the lee Of . great log. where he was
masked in clumps Of towering rho
dodendron..s Presently Asberry passed
him. also walking cautiously, but hur.
riedly, and grading a Winchester rife
in the hollow of his arm. Then Tama-
rack knew that Asberry was taking
this cut to head him of and waylay
him In the gorge a mile away by road
but a short distance only over the hill.
Spicer held his heavy revolver cooked
in his hand. but it was too near the
Purvy house to risk shot. He waited
a moment, and then. rising, went on
noiselessly with snarling grin. stalk
ing the man who was stalking him.
Asberry found a place at the foot
of huge pine where the underground
would cloak him. Twenty yards below
ran the creek-bed road, returning from
its long horseshoe deviation. When
he had taken his position his faded
butternut clothing matched the earth
as inconspicuously as a quail matches
dead leaves, and he settled himself to
wait. Slowly and with infinite eau
ton his intended victim stole down.
guarding each step, until he was in
short and certain range. but, instead
Of being at the front. he came from
the back. He. also. lay fiat on his
stomach and raised the already cooked
pistol. He steadied it in q two-handed
grip against a tree trunk and trained
It with deliberate care on a point to
the left Of the other mans spine just
below the shoulder blades.
Then he pulled the trigger! He did
not go down to inspect his work. It
was not necessary. The instantaneous
fashion with which the head of the
Ambassador settled forward on its
face told him all he wanted to know.
He slipped back to his horse, mounted
and rode fast to the house of spicer
South, demanding asylum.
The next day came word that IL
Tamarack Spicer would surrender and
stand trial in court dominated by
the Hollmans the truce would con.
tinue. Otherwise the war was on"
The Souths dung back this message:
Come and git him."
But Holman and Purvy, hypocriti-
cally clamoring for the sanctity of the
law, made no effort to come and git
him" They knew that Spicer South's
house was now fortress. prepared for
siege. They knew that every trail
thither was picketed. Also, they knew
a better way. This time they had the
color Of the law on their side. The
circuit Judge. through the sheriff.
asked for troops and troops came.
Their tents dotted the river bank be-
low the Hixon bridge. A detail un-
der a white flag went out after Tama-
rack Spicer. The militia captain in
command, who feared neither feudist
nor death, was courteously received.
He had brains, and he assured them
that he acted under orders which
could not be disobeyed. Unless they
surrendered the prisoner, gatling guns
would follow. If necessary they would
be dragged behind OK teams. Many
militiamen might be killed. but for
each Of them the state had another.
II spicer would surrender. the officer
would guarantee him personal protec-
ton. and, II It seemed necessary. a
change Of venue would secure him
trial in another circuit. For hours the
clan deiiberated. For the soldiers they
felt no enmity. For the young cap
tain they felt an instructive liking.
He was man.
Old spicer South, restored to an
echo Of his former robustness BY the
call Of action, gave the clans verdict.
"Hit. hain'ts the co'te.swe're. skeered
Of. Ell this boy goes ter town he
won't never git into NO cote. He'll be
murdered"
The of{icer held out his hand.
"As man to man." he said, II pledge
you my word that no one shall take
him except by process Of law. I'm not
working for the Hollmans or the Pur-
vys. I know their breed"
For space old South. looked into
the soldiers eyes and the soldier
looked back.
"IM take yore handshake on thet
bargain" said the mountaineer. grave
ly. "Tam'rack." he added. in voice
Of finality. we've eot ter co."