hotel and beyond that to the little cluster of brick and dobe buildings of Old Town. Two cross-streets dropped from a higher level of the hillside. Up there sat the high, square, iron-ornamented houses owned by the wealthier merchants and the big cattlemen who liked to winter their families in town. This was four o'clock and already the street was in shadow, though the far desert burned up its brown- gray glitter. The smell of dust, the rank odor of Gentry's corral, and the faint steaming of the water in the trough rose strongly around him.
All these things he saw carefully and completely, as though the changing shadows and the shift of men and the opening and closing of doors mattered greatly. At twenty-nine his life had made him, among other things, close-mouthed and vigilant. He was a long-legged man, turned dark by the sun and toughened by constant work, with features so solidly composed that when he smiled the change of expression was a complete and surprising break. Most of the men on this street were his deep friends; but some were not—and it was this tangled warp and woof of friendship and enmity in a tough, quick-tempered land which put the expression of aloof interest in his stone-gray eyes.
Jesse Rusey, the town's marshal, cruised the walk—short, broad body swinging a little. He had the shoulders of a wrestler; above the sweep of his mustaches was a glance as cool as flint. This man had a kind of rocky solidness, a formidable courtesy. He said, "How are you, Clay?" and passed by.
Charley Hillhouse and Hack Breathitt broke from the courthouse group and walked toward him, their boots puffing up the street's dust; but for a moment he remained slackly by the hitching-rack, his mind picking away at the mystery of Jesse Rusey. This town marshal had been in War Pass for twenty years, yet nobody knew him, or knew what he thought, or knew where his sympathies actually lay. Everything that Jesse Rusey was lay inside a cropped, ball-round head. His eyes met every man's glance with a straight gray stare. His voice was soft, in peace or in trouble.
Hillhouse and Breathitt came cheerfully forward and for a moment these three fast friends stood by the hitching-rack and swapped gossip, pleased to be together again. All of them had grown up in the country, they had gone to school together and had worked and hunted and had their fun together, and in trouble had stood inseparably side by side. Clay Morgan said: "Nothing new on Ollie Jacks yet?"
Hillhouse shrugged his shoulders. "They been arguing about it since noon. I don't see nothin' to argue about. We caught Ollie dead in his tracks, bendin' over a Three Pines calf with his iron. But there's a couple townsmen on the jury. They're the ones hanging this thing up."
Hack Breathitt grinned. "Ben Herendeen's sore enough to shoot the jury." He gave Charley Hillhouse a slanting, skeptic glance. "Your boss is gettin' pretty large for his pants, Charley. But then he always was that way."
Ben Herendeen owned Three Pines, and Charley Hillhouse was Herendeen's foreman, loyal to the core. Hillhouse said in a mild voice: "If they don't throw Ollie Jacks in the cooler there ain't no use for any juries in this country. After all, Hack, it was Ben's beef."
"Tough on Ben," said Hack, but his smile remained and the other two knew how he felt toward Ben Herendeen. Hack Breathitt was small, quick and restless. He couldn't stand still. He was forever shifting in his tracks, his eyes and his interest always roamed around. There was a good deal of rebellion in him and a good deal of laughter. He never stayed long in one place; the mark of his campfires lay all through the hills and deep in the desert. They made an aimless, crisscross trail which led nowhere. This was Hack Breathitt.
Clay said: "You look thin, Charley."
"I been on the go," said Hillhouse. "We're shippin' heavy this fall."
Hack Breathitt spoke impatiently. "What are we standin' here for? Let's get a drink."
They moved toward the Long Grade saloon, three abreast.
Clay Morgan walked between his partners, a hand lying on each man's shoulders. He was a head taller than Hack, half a head taller than Charley. Directly opposite, under the locust trees, Clay noticed the crowd grouped around Ben Herendeen—Gurd Grant and Lige White, both big cattlemen, and Sheriff Ed Nickum, and a few smaller ranchers like Hamp Brigham and Vance Ketchell. Herendeen's riders, with a few townsmen, made up the rest of the crowd. Ben Herendeen had his huge muscular back shoved against the bole of a locust tree. He was speaking with a good deal of energy; his sandy head bobbed up and down and his extremely heavy arms made quick cuts through the air, throwing some of his physical intolerance into the talk. His eyes lifted and found Clay Morgan and for a moment, even as he spoke, his long full stare clung to Morgan. A moment later the three partners shouldered into the Long Grade.
Hack Breathitt got a bottle, two glasses, and a bunch of cigars. They went to a corner table and sat down. Hack Breathitt passed the cigars to Morgan, poured a drink for Hillhouse and for himself and settled deep in the chair. For that little interval he was as relaxed as he could ever be, still smiling a little, the sparkle of secret amusement in his eyes. He said, "To law and order," and downed the drink.
"You," said Hillhouse, "are an ornery son-of-a-gun."
"I guess," murmured Hack Breathitt, "I never see things like other people see 'em. Seems like I was born to argue. I'm the man that puts salt in my coffee instead of sugar. Maybe I ought to settle down. You think so, Clay?"
Clay Morgan fired up one of the cigars. He was low in the chair, chin against his breast; his face then was dark and speculative. He shook his head. "Man has to make his own life, Hack. If you like yours, why change?"
Breathitt shrugged his shoulders. "Maybe I better change before it is too late."
Charley Hillhouse's question held a degree of sharpness. "What's that mean?"
"The country ain't the same," murmured Hack. "There's one hell of a beautiful ruckus comin'. The sheep and the goats. That's it. The sheep and the goats. Accordin' to Ben Herendeen I'm one of the goats. Ben's about ready to work on the goats."
Charley Hillhouse, who was a quiet workhorse of a man, slowly nodded. A young rider, wearing boots so high-heeled that he seemed to walk on stilts, entered the saloon and came straight toward the table.
"The jury's comin' in, Charley, and Herendeen wants you." Both Morgan and Breathitt watched Hillhouse, who showed a rare irritation. He said briefly, "I'll come when I'm through here," and when the messenger tarried he added: "Go on, Billy, go on," and watched the young man leave.
"Well," said Breathitt in a more earnest manner, "we sure have had some fun, us. I guess my trouble is in thinkin' that sort of thing goes on forever. Which it don't. Here's Charley with a fine job. Here's you makin' a big ranch for yourself. And here's me—still warmin' my fingers over the campfire. Everything changes. Some men grow up and some don't. I never will."
Neither of the other men answered. Hack gently circled his glass along the table. "Charley, you remember how Clay used to laugh? I ain't seen him laugh like that in years." And both men were watching Clay Morgan with a close, analyzing regard. "You ought to get married again," said Breathitt very bluntly.
"That's right," agreed Charley.
"Very odd advice from a couple of bachelors," pointed out Morgan.
"Ain't the same," countered Hillhouse. "Ain't the same at all. Hack and me can go it single, no harm done. You never was that way. You feed on a different grass than we do."
Hack Breathitt said, as though it were an idle idea, "Catherine Grant was in town this mornin'." It was so heavy- footed that suddenly all three men were amused. Clay Morgan bent back in his chair and let out a long deep laugh. "You're a butter-fingered scoundrel, Hack."
Breathitt started to speak but was stopped by quick-rising talk on the street. A man struck the swinging doors of the saloon with both fists and rushed in. He said, in a half shout, "They let Ollie Jacks free," and ran out. The conversation in the saloon rose at once to a noisy pitch.
Charley Hillhouse slapped the palm of his hand on the table. He was violently and openly angry, a rare thing for him. "The two townsmen on that jury did it," he said. "It is plain that we can't convict a rustler in War Pass. There won't be any more monkey business with juries."
Hack Breathitt grinned.