Western news and the Libby times. [volume] (Libby, Mont.) 1920-1933, 1932-09-15

therefore the matter slumhered off, /
cially. and Don Jaime Miguel Hlgue-
mes neglected TO fence his fee lands |
contiguous to the water. also he
neglected to supply herders to con-
fine his cattle to his fee lands. where |
fore they wandered over the state |
lands ut will
OF this situation willy old Tom An
trim had decided to take advantage. |
Ills own range had been grazed over,
It had been n dry year in his part of |
the county lie had the sheep on his |
hands. they We're not ready for mar
ket nor. was he ready to accept the
market price for unmarkptable sheep.
| lie had to maintain them. and in his
| dilemma he turned quite naturally to
| one of the earliest laws Of human
nature. to wit, that n desperate man
is justified in taking desperate
measures
He was familiar with the law of
trespass If the owner of fee lands
| did not fence them he could not prose
rcute successfully the owner Of loose
live stock that wandered thereonl
And Don jaime Higuenes could not
! afford to fence the small acreage
| around springs and water-holes and
the narrow forty-acre strips along
/ watereourses, some of which went dry
| in the summer. II he did his own live
stock could not get in for water
Antrim reasoned he ran but one
risk, and that was battle to keep
his sheep. not from trespassing on un-
fenced lands. but from drinking Don
james water. However, there were
many water-holes and many water.
courses to guard, and perhaps Don
Jaime would not guard them all, per-
haps IL Antrim appeared with strong
armed guard Of herders Don Jaime
would not force the issue.
These things Don Jaime Miguel
Higuenes considered as he gazed over
the country that by hook and crook,
had been sacred to four generations
Of his people He had but one real
advantage, one legal right. His fee
for trespass could not lie but he did
have the right to drive trespassing
live stock off his fee lands before they
should have an opportunity to drink.
If held off long enough they would
perish Of thirst, and Ii while driving
them off he and his men were at
tackled by the owners Of the tres
passing live stock they would be
clearly within their legal rights II
they defended themselves.
Don Jaime smiled. "Thrice doubly
armed Is he whose cause Is just" he
soliloqulzed. "Well, Senior Antrim
has the surprise of his life coming to
him this evening. Hes staked every
thing on a lone ace-and I'm going
to take the trick with trump
Deuce
He decided to bear or to the right
and give the sheep and their herders
wide berth, for he had no Intention
Of coming to grips with the enemy
anywhere except on his own lands
and In defense of his inalienable
rights. So he turned down long
draw to the valley below. At the
! mouth of the draw he paused and
had revealed the fact that his saddle
! cinch was loose; 1t had slipped out
. over the horses back wlthers.
Don Jaime removed saddle and
I.in .,1ynt cow fhnt thora ypprn mn wrin
kles In the blanket, and adjusted II
again to the horses back. He was
In the act of swinging the heavy stock
saddle up onto the animal when some
thing ripped across his breast. liz
t felt gentle plucking of his shirt, ex
] perlenced a feeling that he had beer
r burned Then the crashing sound Of
c rifle echoed through the draw.
!, The thought flashed through Dor
james agile brain. TON Antrim hat
another trump. lies playing it.
: With a savage wrench he Jerket
= Ken Hobarts rifle clear of the boot
: dropped the saddle and leaped for thu
: brush with the alacrity Of a frightened
: rabbit. A fusillade of bullets followed
him, before he could gain the shelter
: of the reverse slope OF the left OF tn,
: two spurs which formed the draw. h,
had been hit three times, the las
= wound dropping him headlong on hi
? face.
: The paralysis was but momentary
" however. lie rolled couple Of times
!, half rose, lurched forward and rolles
again. When he reached dead
i ground, he rested q few seconds, thel
on his hands and knees crawle,
. around the toe Of the spur; present..
! he got to his feet and limped slowl.
! and painfully up the hill fifty yards
: got down on his hands and knees, ant
: with his body as close to the earth n
) possible crawled back through tn
! low sage over the spur toward tn
= draw. When he could look dow
). into the draw again he stretched on
: and brought his rifle to the ready. II
= waited.
:. Presently up the hillside across tn
. draw he saw bush move slightly
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