foreman was not convinced.
"You see, gentlemen," he said, "in handling these southern cattle, we must take advantage of occasions. We have timed our morning's drive so as to reach the river during the warmest hour of the day, or as near noon as possible. You can hardly imagine what a difference there is, in fording this herd, between a cool, cloudy day and a clear, hot one. You see the herd is strung out nearly a mile in length now, and to hold them up and waste an hour or more for your inspection would seriously disturb our plans. And then our wagon and remuda have gone on with orders to noon at the first good camp beyond the river. I perfectly understand your reasons, and you equally understand mine; but I will send a man or two back to help you recross any cattle you may find in our herd. Now, if a couple of you gentlemen will ride around on the far side with me, and the others will ride up near the lead, we will trail the cattle across when we reach the river without cutting the herd into blocks."
Flood's affability, coupled with the fact that the lead cattle were nearly up to the river, won his point. Our visitors could only yield, and rode forward with our lead swing men to assist in forcing the lead cattle into the river. It was swift water, but otherwise an easy crossing, and we allowed the herd, after coming out on the farther side, to spread out and graze forward at its pleasure. The wagon and saddle stock were in sight about a mile ahead, and leaving two men on herd to drift the cattle in the right direction, the rest of us rode leisurely on to the wagon, where dinner was waiting. Flood treated our callers with marked courtesy during dinner, and casually inquired if any of their number had seen any cattle that day or the day previous in the Ellison road brand. They had not, they said, explaining that their range lay on both sides of the Concho, and that during the trail season they kept all their cattle between that river and the main Colorado. Their work had kept them on their own range recently, except when trail herds were passing and needed to be looked through for strays. It sounded as though our trail cutters could also use diplomacy on occasion.
When dinner was over and we had caught horses for the afternoon and were ready to mount, Flood asked our guests for their credentials as duly authorized trail cutters. They replied that they had none, but offered in explanation the statement that they were merely cutting in the interest of the immediate locality, which required no written authority.
Then the previous affability of our foreman turned to iron. "Well, men," said he, "if you have no authority to cut this trail, then you don't cut this herd. I must have inspection papers before I can move a brand out of the county in which it is bred, and I'll certainly let no other man, local or duly appointed, cut an animal out of this herd without written and certified authority. You know that without being told, or ought to. I respect the rights of every man posted on a trail to cut it. If you want to see my inspection papers, you have a right to demand them, and in turn I demand of you your credentials, showing who you work for and the list of brands you represent; otherwise no harm's done; nor do you cut any herd that I'm driving."
"Well," said one of the men, "I saw a couple of head in my own individual brand as we rode up the herd. I'd like to see the man who says that I haven't the right to claim my own brand, anywhere I find it."
"If there's anything in our herd in your individual brand," said Flood, "all you have to do is to give me the brand, and I'll cut it for you. What's your brand?"
"The 'Window Sash.'"
"Have any of you boys seen such a brand in our herd?" inquired Flood, turning to us as we all stood by our horses ready to start.
"I didn't recognize it by that name," replied Quince Forrest, who rode in the swing on the branded side of the cattle and belonged to the last guard, "but I remember seeing such a brand, though I would have given it a different name. Yes, come to think, I'm sure I saw it, and I'll tell you where: yesterday morning when I rode out to throw those drifting cattle away from our herd, I saw that brand among the Ellison cattle which had stampeded the night before. When Straw's outfit cut theirs out yesterday, they must have left the 'Window Sash' cattle with us; those were the range cattle which stampeded his herd. It looked to me a little blotched, but if I'd been called on to name it, I'd called it a thief's brand. If these gentlemen claim them, though, it'll only take a minute to cut them out."
"This outfit needn't get personal and fling out their insults," retorted the claimant of the "Window Sash" brand, "for I'll claim my own if there were a hundred of you. And you can depend that any animal I claim, I'll take, if I have to go back to the ranch and bring twenty men to help me do it."
"You won't need any help to get all that's coming to you," replied our foreman, as he mounted his horse. "Let's throw the herd together, boys, and cut these 'Window Sash' cattle out. We don't want any cattle in our herd that stampede on an open range at midnight; they must certainly be terrible wild."
As we rode out together, our trail cutters dropped behind and kept a respectable distance from the herd while we threw the cattle together. When the herd had closed to the required compactness, Flood called our trail cutters up and said, "Now, men, each one of you can take one of my outfit with you and inspect this herd to your satisfaction. If you see anything there you claim, we'll cut it out for you, but don't attempt to cut anything yourselves."
We rode in by pairs, a man of ours with each stranger, and after riding leisurely through the herd for half an hour, cut out three head in the blotched brand called the "Window Sash." Before leaving the herd, one of the strangers laid claim to a red cow, but Fox Quarternight refused to cut the animal.
When the pair rode out the stranger accosted Flood. "I notice a cow of mine in there," said he, "not in your road brand, which I claim. Your man here refuses to cut her for me, so I appeal to you."
"What's her brand, Fox?" asked Flood.
"She's a 'Q' cow, but the colonel here thinks it's an 'O.' I happen to know the cow and the brand both; she came into the herd four hundred miles south of here while we were watering the herd in the Nueces River. The 'Q' is a little dim, but it's plenty plain to hold her for the present."
"If she's a 'Q' cow I have no claim on her," protested the stranger, "but if the brand is an 'O,' then I claim her as a stray from our range, and I don't care if she came into your herd when you were watering in the San Fernando River in Old Mexico, I'll claim her just the same. I'm going to ask you to throw her."
"I'll throw her for you," coolly replied Fox, "and bet you my saddle and six-shooter on the side that it isn't an 'O,' and even if it was, you and all the thieves on the Concho can't take her. I know a few of the simple principles of rustling myself. Do you want her thrown?"
"That's what I asked for."
"Throw her, then," said Flood, "and don't let's parley."
Fox rode back in to the herd, and after some little delay, located the cow and worked her out to the edge of the cattle. Dropping his rope, he cut her out clear of the herd, and as she circled around in an endeavor to reenter, he rode close and made an easy cast of the rope about her horns. As he threw his horse back to check the cow, I rode to his assistance, my rope in hand, and as the cow turned ends, I heeled her. A number of the outfit rode up and dismounted, and one of the boys taking her by the tail, we threw the animal as humanely as possible. In order to get at the brand, which was on the side, we turned the cow over, when Flood took out his knife and cut the hair away, leaving the brand easily traceable.
"What is she, Jim?" inquired Fox, as he sat his horse holding the rope taut.
"I'll let this man who claims her answer that question," replied Flood, as her claimant critically examined the brand to his satisfaction.
"I claim her as an 'O' cow," said the stranger, facing Flood.
"Well, you claim more than you'll ever get," replied our foreman. "Turn her loose, boys."
The cow was freed and turned back into the herd, but the claimant tried to argue the matter with Flood, claiming the branding iron had simply slipped, giving it the appearance of a "Q" instead of an "O" as it was intended to be. Our foreman paid little attention to the stranger, but when his persistence became annoying checked his argument by saying,—
"My Christian friend, there's no use arguing this matter. You asked to have the cow thrown, and