Exhibit A——"
"Well, I'll be damned!" exclaimed Shorty, his china blue eyes round with excitement, "I know'd I'd saw you before!"
"Me, too, we was settin' there playin'——"
Again the six-gun rapped on the bar: "You, Green Vest, you're fined a round of drinks for contempt of court. An' Shorty, you're fined two rounds. Not that there's any doubt about your first statement, but this here profanus vulgus business has got to be cut out." Depositing three more matches beside the first upon the bar, the Texan proceeded: "Shortly thereafter, an' right in the middle of my remarks the said barkeep disembarked in tumultuous haste, like he'd be'n sent for an' had to go. I waited around a spell an' not favorin' this spot for a permanent abode, I laid a five dollar gold piece on the bar, an' rode off. Therefore, gentlemen of the jury, it's plain to see that I've got four dollars comin', as an offset to which the present specimen, here, has got a just an' valid claim fer two rounds of drinks to the total value of two dollars an' four bits, leavin' a dollar an' four bits still owin' to me. The case is now closed, owin' to any testimony the defendant, here, might introduce, would be mere hearsay an' therefore irrelevant an' immaterial, he havin' admitted he wasn't here at the time. Now, gentlemen of the jury, what's your verdict?"
Thus appealed to the four gathered at the end of the bar and held whispered conversation, Shorty glancing furtively the while at the gun in the Texan's hand.
Presently, mouthing a corner of his moustache, Ike Stork spoke: "It's the ondivided opinion of the jury, except Shorty disagreein' fer fear he'll git shot, that this here party behind the bar's name ain't John Doe, which it's Pete Barras same as before, an' likewise he's got two dollars an' four bits comin' from you fer the drinks. Them four dollars of yourn is comin' from Sam Barras, which he's runnin' a saloon over to Zortman."
The Texan produced another match and laid it beside the others upon the bar: "You're fined a round of drinks for misnomer of the defendant," he announced, gravely. "An' seein' the jury is hung—why it ain't be'n hung long ago is surprisin' to me—you're discharged—bob-tailed discharge, as they'd say in the army which carries with it a recommendation that you're a bunch of inebriated idiots that's permitted to stand on your hind legs an walk upright so's to make more room for regular folks to move around in. The case is taken out of your hands an' adjoodicated upon its merits which accordin' to the statutes in such cases made an' provided, judgment is rendered for the plaintiff, on account of the above transaction bein' with the saloon, as such, an' not a personal matter with the bartender. Plaintiff is also ordered to take over an' run said saloon to the best of his ability until such time as the said dollar an' four bits is paid."
"Look a-here, pardner," began the bartender, edging along opposite the Texan, "fun's fun, an' kangaroo courts is all right as fer as they go an' as long as they don't mix up no regular money in their carryin's on. Me an' my brother Sam ain't on what you might say, fambly terms, which he'd of skun me to a frazzle on this here deal if the claim I traded him fer the saloon had of be'n worth a damn. But in spite of me an' Sam bein' what you might say, onfriendly relations, I've got to say fer him that he never pays a debt, an' if you've got four dollars comin' from him you might as well set around like a buzzard till he dies, which he's that ornery it prob'ly won't be long, an' then file yer claim ag'in his executioner."
The Texan grinned: "I hope fer your sake that advice is sound, for I'm handin' it back in the original package——"
"You mean you ain't a-goin to pay fer them drinks?" The bartender's voice held a truculent note, and his eyes narrowed. "'Cause, believe me, stranger, if you think you ain't, you're plumb misguided. Things has be'n quiet an' peaceable around here fer quite a spell, but you'll pay fer two rounds of drinks or Timber City's a-goin' to see some excitement."
The Texan noted that the man's hand was reaching along the under side of the bar, and his own dropped unobserved to the butt of the six-gun that he had returned to its holster. "Speakin' of excitement you're sure some prophet," he observed, drily, "an' therefore, prob'ly without honour. But as far as I'm concerned, your brother Sam's nothin' but a pleasant memory while as we say in the law, this saloon here is a corporeal hereditament——"
"You're a damn liar!" flared the aproned one, indignantly: "They ain't no wimin' allowed in here—" With the words the man's hand leaped from behind the bar, there was a crashing report, a heavy six-shooter thudded upon the wooden floor, and with a cry of pain the bartender spun half around clutching at his right arm.
"Backin' up hard words with gun play is dangerous business onless you're a top hand at it," observed the Texan, drily, as he stepped around to the man's side. A movement in front of the bar caused the six-gun once more to leap from its holster and at the action four pairs of hands flew ceilingward. "Just you hombres belly right close up to the rail an' all yer hands open an' above board on top of the bar, an' you, Stork, you come on around here an' tie up this arm or there'll be some more casualties reported. If you're all as plumb languid on the draw as yer fellow citizen here your ranks is sure due to thin out some." The Texan stooped to recover the bartender's gun from the floor and as he did so Ike Stork stepped around the corner of the bar, and taking instant advantage of his position, administered a kick that sent the cowboy sprawling at the feet of the bartender. Pandemonium broke loose in the smashing of glass and the thud of blows. Forgetting his injured arm the bartender joined Stork who had followed up his advantage by leaping upon the struggling Texan. Reaching over the bar, Green Vest sent the heavy whisky bottle crashing into the mêlée while his two companions contributed the array of empty glasses and then valiantly bolted for the door. The narrowness of the alley behind the bar undoubtedly saved the struggling Texan from serious mishap. As it was his two assailants hindered and impeded each other and at the same time formed a buffer against the shower of glassware that descended from above. Freeing one hand the Texan began to shoot along the floor. With the first explosion the bartender scrambled to his feet and leaped onto the bar at the precise moment that Green Vest, pausing in his flight toward the door, seized a heavy brass cuspidor and hurled it with both hands. The whirling missile caught the bartender full in the face and without a sound he crashed backward carrying Ike Stork with him to the floor. The next instant the Texan was upon his feet and a gun in each hand, grinned down into the face of the terrified man who lay helplessly pinned by the inert form of the bartender. "Any friends or relations you want notified, Isaac, or any special disposal of the remains?" he questioned, as the guns waved back and forth above the prostrate man's face.
"G'wan, shoot if yer goin' to. I ain't packin' no gun. I done my damnedest when I booted you down, an' we'd of had you at that if them damned eediots hadn't begun bouncin' bottles an' glasses an' spittoons offen our head. Shoot—an' for Christ's sake, make a job of it!"
The Texan's grin broadened, and reaching down he rolled the bartender over, "Get up Ike," he said. "You're a he-one, all right, an' it would be a pity to waste you."
The other struggled to his feet and as he faced him the Texan saw an answering grin widen the mouth beneath the heavy moustache. "Pour us a couple of drinks out of that private stock, an' in the meantime I'll just fog her up a bit as a warnin' to the curious not to intrude on our solitude. An', say, watch this, so you can tell 'em out there I can shoot." Four stacks of chips remained on the table where the players of solo had abandoned their game, and shooting alternately with either hand, and so rapidly that the explosions sounded like shots from an automatic, the Texan cleaned the table and filled the air with a blue-grey haze and a shower of broken chips. Suddenly he glanced at the clock. Its hands pointed to half-past four, and with an oath he sent two bullets crashing into its face. "Four-thirty!" he cried. "A year ago this minute—" He stopped abruptly.
Ike nodded approval and raised his glass: "Now," he pronounced, solemnly, "I've got to own that they ain't none of us in Timber City that's as handy with guns as what you be—but, at that, most of us kin hit a man reasonable often—an' some of us has."
"I'll give you a chance to do it again, then. But, first, you slip down cellar there an' h'ist me up a bunch of beer kegs. I'm goin' to build me a barricade so you birds can't rake the back bar through the window." As Ike passed up the kegs, the Texan arranged them in such a manner that from neither windows nor door could anyone upon the outside cover the space behind the bar, and when