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It'll pay from the first day it's worked."
He went down to meet the second car of stampeders, and his answer to them was the same. And each time he said it he turned to Wilhelmina, who gravely nodded her head. It was his mine; he had found it and only given her a share of it, and of course they must stand together; but as machine after machine came whirling down the canyon and the bids mounted higher and higher a wistful look came into Wilhelmina's eye and she went down and sat with her father. It was for him that she wanted the money that was offered her--to help him finish the road he had been working on so long--but she did not speak, and he too sat silent, looking on with brooding eyes. Something seemed to tell them both that trouble was at hand, and when, after the first rush, a single auto rumbled in, Billy rose to her feet apprehensively. A big man with red cheeks, attired in a long linen duster, descended from the curtained machine, and she flew to the side of Wunpost.
It was Judson Eells; she would know him anywhere from the description that Wunpost had given, and as he came towards the hole she took in every detail of this man who was predestined to be her enemy. He was big and fat, with a high George the Third nose and the florid smugness of a country squire, and as he returned Wunpost's greeting his pendulous lower lip was thrust up in arrogant scorn. He came on confidently, and behind him like a shadow there followed a mysterious second person. His nose was high and thin, his cheeks gaunt and furrowed, and his eyes seemed brooding over some terrible wrong which had turned him against all mankind. At first glance his face was terrifying in its fierceness, and then the very badness of it gave the effect of a caricature. His eyebrows were too black, his lips too grim, his jaw too firmly set; and his haggard eyes looked like those of a woman who is about to burst into hysterical tears. It was Pisen-face Lynch, and as Wunpost caught his eye he gave way to a mocking smirk.
"Ah, good morning, Mr. Eells," he called out cordially, "good morning, good morning Mr. Lynch! Well, well, glad to see you--how's the bad man from Bodie? Meet my partner, Miss Wilhelmina Campbell!"
He presented her gallantly and as Wilhelmina bowed she felt their hostile eyes upon her.
"Like to look at our mine?" rattled on Wunpost affably. "Well, here it is, and she's a world-beater. Take a squint at that rock--you won't need no gla.s.ses--how's that, Mr. Eells, for the pure quill?"
Eells looked at the specimen, then looked at it again, and slipped it into his pocket.
"Yes, rich," he said in a deep ba.s.s voice, "very rich--it looks like a mine. But--er--did I understand you to say that Miss Campbell was your partner? Because really you know----"
"Yes, she's my partner," replied Wunpost. "We hold the controlling interest. Got a couple more partners that own a third."
"Because really," protested Eells, "under the terms of our contract----"
"Oh, to h.e.l.l with your contract!" burst out Wunpost scornfully. "Do you think that will hold over here?"
"Why, undoubtedly!" exclaimed Eells. "I hope you didn't think--but no matter, I claim half of this mine."
"You won't get it," answered Wunpost. "This is over in California. Your contract was made for Nevada."
"It was made _in_ Nevada," corrected Judson Eells promptly, "but it applied to all claims, _wherever found_! Would you like to see a copy of the contract?" He turned to the automobile, and like a jack-in-the-box a little lean man popped out.
"No!" roared Wunpost, and looked about wildly, at which Cole Campbell stepped up beside him.
"What's the trouble?" he asked, and as Wunpost shouted into his ear Campbell shook his head and smiled dubiously.
"Let's look at the contract," he suggested, and Wunpost, all unstrung, consented. Then he grabbed him back and yelled into his ear:
"_That's_ no good now--he's used it once already!"
"How do you mean?" queried Campbell, still reaching for the contract; and the jack-in-the-box thrust it into his hands.
"Why, he used that same paper to claim the Wunpost--he can't claim every mine I find!"
"Well, we'll see," returned Campbell, putting on his gla.s.ses, and Wunpost flew into a fury.
"Git out of here!" he yelled, making a kick at Pisen-face Lynch; "git out, or I'll be the death of ye!"
But Pisen-face Lynch recoiled like a rattlesnake and stood set with a gun in each hand.
"Don't you think it," he rasped, and Wunpost turned away from him with a groan of mortal agony.
"What does it say?" he demanded of Campbell. "Can he claim this mine, too? But say, listen; I wasn't _working_ for him! I was working for myself, and furnishing my own grub--and I've never been through here before! He can't claim I found it when I was under his grubstake, because I've never been into this country!"
He stopped, all a-tremble, and looked on helplessly while Cole Campbell read on through the "fine print"; and, not being able to read the words, he watched the face of the deaf man like a criminal who hopes for a reprieve. But there was no reprieve for Wunpost, for the paper he had signed made provision against every possible contingency; and the man who had drawn it stood there smiling triumphantly--the jack-in-the-box was none other than Lapham. Wunpost watched till he saw his last hope flicker out, then whirled on the gloating lawyer. Phillip F. Lapham was tall and thin, with the bloodless pallor of a lunger, but as Wunpost began to curse him a red spot mounted to each cheek-bone and he pointed his lanky forefinger like a weapon.
"Don't you threaten me!" he cried out vindictively, "or I'll have you put under bond. The fault is your own if you failed to read this contract, or failed to understand its intent. But there it stands, a paper of record and unbeatable in any court in the land. I challenge you to break it--every provision is reciprocal--it is sound both in law and equity! And under clause seven my client, Mr. Eells, is ent.i.tled to one-half of this claim!"
"But I only own one-third of it!" protested Wunpost desperately. "I located it for myself and Wilhelmina Campbell, and then we gave Dusty Rhodes a third."
"That's beside the point," answered Lapham briefly. "If you were the original and sole discoverer, Mr. Eells is ent.i.tled to one-half, and any agreements which you have made with others will have to be modified accordingly."
"What do you mean?" yelled a voice, and Dusty Rhodes, who had been listening, now jumped into the center of the arena. "I'll have you to understand," he cried in a fury, "that I'm ent.i.tled to a full half in this claim. I was with this man Wunpost when he made the discovery, and according to mining law I'm ent.i.tled to one-half of it--I don't give _that_ for you and your contract!"
He snapped his fingers under the lawyer's nose and Lapham drew back, startled.
"Then in that case," stated Wunpost, "I don't get _anything_--and I'm the man that discovered it! But I'll tell you, my merry men, there's another law yet, when a man is sure he's right!"
He tapped his six-shooter and even Lynch blenched, for the fighting light had come into his eyes. "No," went on Wunpost, "you can't work that on me. I found this mine and I'm going to have half of it or shoot it out with the bunch of ye!"
"You can have my share," interposed Wilhelmina tremulously, and he flinched as if struck by a whip.
"I don't want it!" he snarled. "It's these high-binders I'm after. You, Dusty, you don't get anything now. If this big fat slob is going to claim half my mine, you can _law_ us--he'll have to pay the bills.
Now git, you old dastard, and if you horn in here again I'll show you where you head _out_!" He waved him away, and Dusty Rhodes slunk off, for a guilty conscience makes cowards of us all; but Judson Eells stood solid as adamant, though his lawyer was whispering in his ear.
"Go and see him," nodded Eells, and as Lapham followed Rhodes he turned to the excited Wunpost.
"Mr. Calhoun," he began, "I see no reason to withdraw from my position in regard to this claim. This contract is legal and was made in good faith, and moreover I can prove that I paid out two thousand dollars before you ever located a claim. But all that can be settled in court.
If you have given Miss Campbell a third, her share is now a sixth, because only half of the mine was yours to give; and so on with the rest, though if Mr. Rhodes' claim is valid we will allow him his original one-third. Now what would you say if I should allow _you_ one-third, of which you can give Miss Campbell what you wish, and I will keep the other, allowing Mr. Rhodes the last--each one of us to hold a third interest?"
"I would say----" burst out Wunpost, and then he stopped, for Wilhelmina was tugging at his arm. She spoke quickly into his ear, he flared up and then subsided, and at last he turned sulkily to Eells.
"All right," he said, "I'll take the third. I see you've got me cinched."
CHAPTER VII
MORE DREAMS
In four days time Wunpost had seen his interest dwindle from full ownership to a mere sixth of the Willie Meena. First he had given Billy half, then they had each given Rhodes a sixth; and now Judson Eells had stepped in with his contract and trimmed their holdings by a half. In another day or so, if the ratio kept up, Wunpost's sixth would be reduced to a twelfth, a twenty-fourth, a forty-eighth, a ninety-sixth--and he had discovered the mine himself! What philosophy or sophistry can reconcile a man to such buffets from the hand of Fate?
Wunpost cursed and turned to raw whiskey. It was the infamy of it all; the humiliation, the disgrace, the insult of being trimmed by a lawyer--twice! Yes, twice in the same place, with the same contract, the same system; and now this same Flip Flappum was busy as a hunting dog trying to hire one of his partners to sell him out!
Wunpost towered above Old Whiskers, and so terrible was his presence that the saloon-keeper never hinted at pay. He poured out drink after drink of the vitriolic whiskey, which Whiskers made in the secrecy of his back-room; and as Wunpost drank and shuddered the waspish Phillip F.
Lapham set about his complete undoing. First he went to Dusty Rhodes, who still claimed a full half, and browbeat him until he fell back to a third; and then, when Dusty priced his third at one million, he turned to the disillusioned Billy. Her ideas were more moderate, as far as values were concerned, but her loyalty to Wunpost was still unshaken and she refused to even consider a sale. Back and forth went the lawyer like a shuttle in its socket, from Dusty Rhodes to Wilhelmina and then back once more to Rhodes; but Dusty would sign nothing, sell nothing, agree to nothing, and Billy was almost as bad. She placed a cash value of twenty thousand dollars on her interest in the Willie Meena Mine, but the sale was contingent upon the consent of John C. Calhoun, who had drowned his sorrows at last. So they waited until morning and Billy laid the matter before him when her father brought the drunken man to their tent.
Wunpost was more than drunk, he was drugged and robbed of reason by the poison which Old Whiskers had brewed; but even with this handicap his mind leapt straight to the point and he replied with an emphatic "No!"
"Twenty thousand!" he repeated, "twenty thousand devils--twenty thousand little demons from h.e.l.l! What do you want to sell me out for--didn't I give you your interest? Well, listen, kid--you ever been to school? Then how much is one-sixth and one-third--add 'em together! Makes _three_-sixths, don't it--well, ain't that a half? I ain't educated, that's all right; but I can _think_, kid, can't I? Flip Flappum he wants to get control. Give him a half, under my contract, and he can take possession--and then where do _I_ git off? I git off at the same place I got off over at Wunpost; he's trying to freeze me out.
So if you want to do me dirt, kid, when I've always been your friend, go to it and sell him your share. Take your paltry twenty thousand and let old Wunpost rustle--serves him right, the poor, ignorant fool!"
He swayed about and Billy drew away from him, but her answer to Lapham was final. She would not sell out, at any price, without the consent of Wunpost. Lapham nodded and darted off--he was a man who dealt with facts and not with the moonshine of sentiment--and this time he fairly flew at Dusty Rhodes. He took him off to one side, where no one could listen in, and at the end of half an hour Mr. Rhodes had signed a paper giving a quit-claim to his interest in the mine. Old Whiskers was summoned from his attendance on the bottles, the lawyer presented his case; and, whatever the arguments, they prevailed also with the saloon-keeper, who signed up and took his check. Presumably they had to do with threats of expensive litigation and appeals to the higher courts, with a learned exposition of the weakness of their case and the air-tight position of Judson Eells; the point is, they prevailed, and Eells took possession of the mine, placing Pisen-face Lynch in charge.