Evening Star Newspaper, October 1, 1931, Page 45

Outlaws of Eden By Peter B. Kyne sy Yorry Kershaw an uivivors of ‘two wa ley, Calif. Nat after hine years' a @)L @) | Brainerd up for six months without the alternative of a fine I'd advise for _contempt of court?” The case was called at 10 o'clock and s |at 10:30 o'clock, when Silas Babson, the later being rnmma Quen that he Forlorn ing Eden Valley. the feud is endéd ing banker, d | complaining witness, had not appeared, Nate Tichenor, acting as Brainerd's at- torney, rose and ‘moved Anson Towle that the case be dismissed for lack of evidence. - “Take my word for it, your lionor, neither Mr. Babson nor any of his witnesses will appear. Mr. Babson has—as I assumed he would—thought | over and decid>d to let bygones be gones. The message your honor car- ricd to him from me yesterday evening ng contempi of court. Court dismissed.’ “Will the court please state in what manner I have been guilty of con- tempt.” “You're intimatin’ that I carried Si Babson a message tellin’ him to lay 0f off Joe Brainerd or he'd git himselt in is arrested INSTALLMENT XVIL HE power of Silas Babson in Valley Center was very appar- ent to Nate Tichenor when, having called upon _Anson Towle, who combined with harness and saddlery and notary publi the duties of local justice of the peac:. h> was informed that Babson sworn out a cha Brainerd with licious n e peace, that bail had been set 1,000 in each case “Bett lower it, judge,” Tichenor suggested. amiably. "That feller,” his honor replied, “w stay in Bill Booney's jail until some- body hands me $3,000.” “Orders from headquarters, I suppose, “You fixin® to git yourself into jail for contempt o' court: Nate leaned across Towle's desk. | *Yes, I am. And what are you going | i to do about it, you brainless inverte- brate? You're not holding court now, are you? The limit of bail to be set in such cases is $500 on each charge Here's $500. and vou take it and give me an order on Bill Rooney to release Joe Brainerd or T'll go over to the jail, hog-tie Rooney and take Joe Brainerd out of jail my: Probably no man in Forlorn Valley knew less of the law_ than this village justice of the peace; but he had heard of the Hensley clan and here was the last of that tribe of killers glaring at him so ferociously his honor trembled “Well, rather than git into a row wi you, young feller, an' ha ill you in self-defense,” he decided, “I'll st the bail at the minimum figger. Case comes up for trial at 10 o'clock tomorrer mornin." “If you're scheming to send Joe . o trouble.” “You should read up on the law. You can't fine me for contempt alleged tc have been conveyed in a mere sus- picion on the part of your homor. I shall not pay the $2, and what is your honor going to do about it?” A guffaw went up from the crowded room, nor could all of Bill ey’s pounding on @ table quiet it. he court, 1. e, bailiff, at his own' dignity less assailed by Wate when the latter had so, itly managed to upset that of the You just wait a minute, Tichenor.” ill Rooney’s voice was as honey. “I'll fan you. young feller, an' see if ‘re carryin’ a concealed weapon. yin' a gun without & permit don't go in my jurisdiction.” “I am carrying a gun, Mr. Rooney, so I'll spare you the effort of searching me and produce my gun at least one second before you produce yours.” Bill Rooney went white and then pink; he wet his lips, and his glance flinched from Tichenor's and roved over the court room. Then the deputy sheriff had a brilliant idea. “It hap- pens I ain't wearin’ my gun this mornin’, Tichenor.” Before the words were fairly out of his mouth he was gazing down the barrel of Nate Tichenor's pistol. “Stand up. turn your back on the crowd and lift up your coat-tail,” came the ring- ing order Tichenor advanced upon the dgutv sheriff, thrust his gun in the official midriff and, with his left hand, un- buckled a belt at Rooney's waist and removed a pistol jn a holster. Then he walked up on Judge Towle's dais, broke his own pistol and exhibited a single empty chamber to the gaping crowd. “An empty pistol is not a more lethal weapon than any other piece of hard- THE Ev ki 1XNG ware and when worn in & shoulder hollm or under the eolb-ulla doesn’t come under the head of concealed weapons. Here's your gun, windbag'— and he returned the wretched Rooney his pistol. “This weapon of ml.ne, which you thought was an army matic, 15 the latest model airpistol. % shoots a tiny pellet that will kill a bird, and I bought it recently to prac- tice pistol shooting by killing blue-jays around my ranch.” He turned his back on Rooney. “And now, fellow citizens, you know how brave Mr. Rooney is—in his mind. And you io ou | know just what peculiar thoughts occa- *|to change your mind. And how's that o g sionally flit through the mind of your Jjustice of the peace. Your local law mill is in bad shape and ought to be .” He moved down the aisle toward the door, and Joe Brainerd followed. ' ‘“Nate, sald Joe Brainerd, one outlaw to another, tell me why you made such pitiful monkeys out of ‘Towle and Rooney?” ‘“Well, that fool justice of the peace had it coming to him for trying to take up the Babson cudgels against you. I concluded to strike another blow for the editor. As for Bill Rooney—well, I hold an ancient grudge against- Bill. At school I used to carry a gun for | Owen Kershaw. The teacher found it out and told the principal, who ordered me to leave it home. I refused, becaus: I thought I couldn't afford to risk | obedience in those days; so the princi- pal told Bill Rooney on me. Bill was the night watchman then, so he frisked me, took my gun away from me and STAR, WAS 1 wauN, ve e & first-class thmhm{n esitated in making reprisals unt should be older and stronger, when 'l Rllnned to give Bill a thrashing with is own belt. Today was my first oppor- tunity.” “Your clan had a reputation for cold- blooded courage and ferocity, Nate— and you've revived it. So today you're & hero in Forlorn Valley, but '{l organize to deprive this valley of the water from Eden Valiey Creek you're going to be the most hated man in this country. “‘But I'm not going to deprive Forlorn Valley of Eden Valley water. I've as- sured you of that already.” “Oh yes, you are. You'll have to; it not for your own sake, then for the sake of Lorry Kershaw. I'm going to let you in on a secret—now that Bab- sdn is my enemy. He plans, after or- ganizing the irrigation dmrlc! to tap Eden Valley Creek at the head of the Handle, up in the public domain, lead the water west through the public do- main and down to a natural reservoir in the hills off to the west; thence into | Forlorn Valley.” “But, Joe, it would be silly of Forlorn’ Valley to tap the stream up in the Pan. 1 have a splendid dam-site and it is to my interest to see the dam erected there. In that way Miss Kershaw and I, with our ranches upstream from that dam, will always be assured of an abundant supply of xrr(gnm;? water.” “Exactly. But if Forlorn Valley taps the stream above your ranches, Miss Kershaw, you and en you | th D. too, the reservoir of the Mountain Val- ley Power Co. would never have suffi- clent water to fill it and your company would be deprived ol the lblmy w manufacture power."” “I don’t know the law in the prem- ises, Joe, but this is what I plan to do. T'll ‘attend that mass meeting, listen to what is said and, if it appears to be e sense of the meeting that an irri- gation district shall be formed and th» water supply secured from Eden Valley Creek up in the Handle, I'l tell the people to forget all that bother and expense, that Il put in a dam on the | Moyntain Valley Power Co.'s property at my own expense, provided they will enter into a contract to purchase water from me and provided, of course, that we can come to terms. My plan is ecnomically sound, and I think they'll be glad to entertain it.” hope so, Nate: but before you com- | Mountain Valley | Power Co. will be out of luck. 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