CHAPTER I
Tusker Joe

"Ef there was a man here as was a man, guess it'd be some use waitin' and talkin'. But as thar ain't sich a thing handy, why, I'll git. Once and fer all, aer thar a one here as don't think I did it fair? Eh?"

The man who spoke swept his eyes round the narrow, ugly room, and pulled the brim of his wideawake hat down over his eyes just a trifle lower; whether to hide the scowl in them, or the fear which lurked in his dilated pupils, it would be difficult to say. Tusker Joe was not anxious that his companions in the room, which went by the name of saloon, should guess that he was anything but self-composed and full of courage. But to give the bare truth, Tusker Joe was by no means easy in his mind. Even the smoking revolver in his hand, in which four unused cartridges yet remained, failed to reassure him. It was not only fear for his own wretched life that haunted him. Tusker Joe had a conscience at this day, and it smote him just then harder than all else. Even as he swept his eyes round the room he was struggling hard to drown that ready conscience, to still the voice which whispered persistently in his ear: "Murderer, murderer!"

"Yer don't speak," he went on, after a minute's awkward silence, raising his voice till he almost shouted the words, as if the sounds helped to encourage him and drown that still, small whisper. "Then I takes it that ye're all in agreement. It was fair done. Me alone against them two, and they quarrelsome. I'd stop and face the sheriff hisself with that. But what's the use? A man has ter work nowadays, and a sheriff wastes time. Yer can jest give him the facts for yerselves; but, at the same time, yer can jest mind. Tusker Joe ain't a playsome girl. He ain't a weaklin', likely ter take sauce from no one. And lies he don't have at no price, not at all. Ef there's a man here as feels at this second as he don't agree that it war all fair and square, jest let him speak up. That's what I say. Let him open his mouth, here and now, before what's left of us."

The man's voice was truculent now. His words deafened those within the saloon, and there was no excuse for not hearing them. But no answer came. Not one of the three men seated at a table at one end ventured to open his lips. Instead, all, as if by common arrangement, kept their eyes fixed on the wall opposite them, as if intent on counting the planks which helped to make it, while their open palms lay exposed on the table.

Right opposite Tusker Joe a solitary individual sat awkwardly on a rough bench. He was a man of some thirty years of age, with red hair and beard, and a weak expression. The long, pointed chin, the narrow eyes switching restlessly from side to side, even the diminutive proportions of this fellow, spoke of indecision, of one accustomed to follow and not to lead, of one inclined at all times to shirk difficulties. Red Sam, for that was the name he went by in this mining camp, was not even his own master. He was a hired labourer, who had come to the mining camps not to test his own luck, and to risk all he had in the hope that hard work and a strenuous fight with Dame Fortune would bring him the riches which many a man had won. Sam had not the courage for such a venture. He preferred good wages, and a certainty, to any risk. He was not quarrelsome, nor over-talkative, and he did not frequent the drinking saloon at Salem Falls more often than others. He was just an average miner, content with his lot so far, and indistinguishable from the others who worked at the camp save in respect to his beard. He wore the same gaudy shirt and neckerchief, high boots, a wide-brimmed hat, and a belt big enough to circle a horse, in the holster of which was a revolver. Tusker's eyes, which during the last few moments had been searching the cracked mirror opposite him, at the back of the bar on which he leaned, suddenly lit upon Sam – Red Sam, the weakling – whom all in that camp knew to be harmless and the reverse of dangerous. And as they did so, that still, small voice whispered with even greater persistence in Tusker's ear: "Murderer, murderer!" till the man became savage. He swung round again, his eyes flashing, his pistol pointed.

"What's that?" he demanded menacingly. "Yer didn't speak, I know, but yer looked what yer thought. Draw!"

Sam was utterly disconcerted. Had he been able, he would have straightway sunk beneath the rough boards which formed the floor of the saloon. To retreat, to get away from such a terrible man and such an ugly encounter, was all that he desired. But that pointed pistol held him rooted to the spot.

"Me?" he stuttered, gripping the bench with both hands. "Me think anything! Why – "

He stared at Tusker with wide-open mouth, and eyes which were dilated with terror.

"Yer looked it," retorted Tusker, his face scowling horribly. "Ef I thought for one moment as yer'd forget, I'd put daylight clean through yer now. Clean through yer, Sam."

The very idea of such a terrible happening almost caused Red Sam to faint. He positively shivered, and when his shifting eyes happened to pass to the far end of the saloon, where were the men whom Tusker had already fired upon, the shiver became a tremble. His fingers twitched as he endeavoured to clutch the bench, his hair stood erect beneath the wide-brimmed hat, which gave this modest fellow such a desperate appearance at ordinary times, while the end of his beard shook.

"Clean through yer," repeated Tusker grimly: the sight of this harmless and trembling individual seeming to appease the bully for the moment. "Through yer and any others as dares ter think – think, mind yer – that all warn't fair and square. For the last time, aer thar a man here as has got a word ter say agin it."

Tall and broad, his face and neck and arms burned to a brick red by exposure to the sun, Tusker Joe would have at ordinary times been pronounced a handsome fellow. His long, curling, black moustache set off features which, though never pleasant, were regular and distinctly prepossessing. His red mining shirt, corduroy breeches, and high boots made up, with the brilliant handkerchief round his throat and the draggled and untidy hat upon his head, an appearance which was picturesque, if nothing more; while the breadth of his shoulders, and the size of his limbs, told of a man used to labour, of a strong fellow, able to look well to himself. Unfortunately, however, there was something about the face which detracted from the general air of picturesqueness. Tusker Joe's features were marked by heavy lines, some across a somewhat narrow forehead, and others about the corners of the eyes and the mouth. Even at rest the features wore an air the reverse of frank and straightforward. The eyes were shifty, even more so than those of the weak Red Sam. And now, when his passions were stirred, the face which looked out from beneath the pulled-down brim of his hat was seamed with other lines – lines which told of hate, of avarice, of fear, of a thousand passions flitting through the man's mind. Bluff and brag at his best, Tusker Joe was in those days too young a man to carry off such a situation with absolute tranquillity. True, he had been in saloon brawls before, and had shot men; but he had never murdered. In those rough days, down at the diggings, when men spent a goodly part of their gains in the saloons, quarrels were of frequent occurrence, and revolvers came readily to the hand. Bullies arose, too, and for a while terrorized even these lawless, gambling men. But sheer murder was hardly attempted, for then even the miners arose in anger, and when that was the case lynch law was the order – a short shrift was given to the guilty party, and either he was riddled with bullets or, if a rope happened to be handy, he was strung to the nearest tree. Often enough there was no suitable tree, and then the bullets of the miners finished the matter.

Tusker Joe had turned from Red Sam by now, and for one brief moment cast his eyes to that far end where lay the men at whom he had fired. Even he shuddered ever so little, and from contemplating them turned to the rough bar again and leaned one arm upon it. Then his eyes sought the cracked mirror which was nailed to the boarded wall behind the bar, reflecting from its golden-circled frame the whole of the saloon. In the glass he could see the three men seated at the table, their palms still prominently exposed. Not one had moved so much as a finger. They sat riveted to their chairs, their eyes fixed on the plank wall as before, knowing that Tusker Joe's eyes were upon them, and that to carry a hand to a pocket meant a shot from his revolver in an instant.

"Cowed! Jest don't dare ter move a finger, the skunks," growled the murderer beneath his breath. "And thar ain't one of 'em as don't know Tusker well enough ter guess what'll follow if they get ter blabbin'. Blabbin'! What's that I said? Thar ain't no need ter fear that. It was fair and square. Lord Tom had no need fer ter call me a liar and a thief. He knew that a man don't take sich words hereabouts, and that bullets git flyin' when names are called. He asked fer trouble, and, by thunder, he's had it! As fer Jim, he'd a hand at his shooter, and ef he's gone under, reckon it's his own fault. Yer don't catch me waitin' fer a man ter shoot."

For some two minutes he stood at the bar, his unseeing eyes fixed upon the reflecting mirror, while his busy brain invented excuse after excuse for the act of which he had just been guilty. But, strive as he might to gloss over this shooting affray, and to paint his own side of the squabble in rosy colours, that still, small voice returned with persistence. "Murderer! murderer!" It echoed even louder in his ears, till the man was distracted and desperate.

"Here! fill it up, will yer?" he shouted, thrusting forward an empty glass, and menacing the frightened negro behind the bar with his revolver. "To the brim, and slippy with it! Hur! Now, again! Hur! Thar's the price fer it. Keep the change."

Gulping down two glasses of spirit within a few seconds, he threw the glass to the floor, where it smashed into a hundred pieces, and then tossed a dollar on to the bar. By now a haunted look had come into the man's face. The fingers which pulled the expended cartridges from his weapon and replenished the chambers trembled obviously. The man was become desperate. His conscience was driving him hard. But with it all he was cunning. He kept his eyes on the men at the table, and then swung round to confront Red Sam, causing that miserable individual to shiver more than ever. Then, with never a glance to the far end of the room, he backed to the door of the saloon, pulled it open with his foot, and backed out. The door slammed to, and Tusker was gone. Those who crossed to the window to watch him saw the miner running down the street for his life, and, conscious now that they were safe themselves, they shook their fists at his retreating figure, and swore beneath their breath.

"I knew as it would come from him," exclaimed one of them, proceeding to fill a pipe. "Tusker Joe is bound ter break out somewhares, and become camp bully and murderer. Up to date he ain't dared attempt anything over much, but ter-day he's done it. He won't never look back. Mark my words, mate, he'll get wusser and wusser. He's the sort that goes on from one thing ter another, and don't stop till the sheriff's got him, or his mates has took the law up themselves, and has strung him six foot up. It war all a plant."

"It war," agreed a second. "Tusker had made up his mind fer a ruction, and Lord Tom war a fool to help him. Ef he hadn't been green, as green as grass, he'd have known what'd happen when he got ter callin' names. He war too free with 'em, and had got no use fer his own shooter. But I'm surprised at Jim. He's been out this way nigh most of his life, and he must have known. Seems he was took by surprise; fer he could shoot, he could."

They nodded their heads at one another, and slowly filled and lit their pipes, while they held their eyes to the window, fearful that Tusker Joe might yet return. Not that he would have terrorized them altogether. When a man finds another holding a revolver levelled at his head, and knows that the slightest movement or protest will bring a bullet in his direction, he by force of circumstances keeps very still. Even if he happens to be a courageous man – and many of these miners were undoubtedly that – common sense teaches him not so much as to lift a finger. He swallows his chagrin, and registers the vow to live for another day, when matters may be more equal. Tusker Joe had got the drop on his comrades in the saloon, to use a mining expression. He had drawn his revolver at the very beginning of the quarrel, and all knew that he was a dead shot. But now he could have no advantage, and had he appeared again, he would undoubtedly have met with strenuous opposition.

"He's cleared, yer bet," said the third man after a while. "Tusker knows as thar won't be no livin' fer him here after this, and he's bound ter git. Suppose it's a case fer the sheriff?"

"Yep; thar ain't nothin' more ter do. Guess the verdict'll be murder. Thar's bound to be a howl in Salem Falls, and men'll get ter swear that they'll shoot Tusker on sight. Then it'll blow over. Tusker won't be fool enough ter show up this side of the grave, and things'll be forgotten. Suppose we git a move on."

The three stepped towards the door, Red Sam rising at the same time and joining them, evidently with the idea of obtaining some sort of protection from their company. He lifted the latch, and was about to emerge, when a sound came from the far end of the room, bringing the four facing round in that direction. And this is what they saw.

Close to the far wall was a second table – a long affair composed of rough boards, with a bench perched just behind it, between the table and the wall. On this bench a man was seated, with his hands sprawled out on the table top, and his head resting on his hands. He might have been asleep for all one could tell, as his posture was the most natural one possible. Certainly one would never have imagined that he was the victim of a shooting affray. But Lord Tom was dead, without any doubt. Closer inspection of his body showed a hole in his forehead, now reclining on his hands, while an ugly dark pool was spreading out between his fingers. At his feet lay a man as dead apparently as he. His feet were pointed towards the centre of the saloon, while his head and shoulders lay beneath the bench, almost directly under his dead comrade. It seemed that he had been holding a paper when the affray started, for he had dragged that to the ground with him, and it now covered his face and chest, while one arm peeped from beneath it, exposing the hand to view, with a revolver gripped in the latter. A moment before Jim had lain an inert mass. Now, at the sound of departure of the others, he stirred and called gently to them. Then the hand which gripped the revolver loosed its hold, and gently drew the paper from his face.

"Jest pull me out from under this here consarn," he asked in the coolest possible voice. "Now set me up on the table. Gently, boys! That ere chap's broken my arm. Now, Peter, something wet ter drink, quick as yer can."

They lifted him on to the table very gently; for these miners, when all was said and done, were exceedingly good and kind to one another when in distress. And there they supported him, while the negro behind the bar mixed some spirit and water and brought it.

"Huh! that'll make me wake up," said Jim, still cool and collected. "So Lord Tom's dead? I guessed it'd come ter that when he got ter flingin' names about. And Tusker's gone. Wall, there ain't nothin' more ter do now but ter git well and started in again at the diggin'. Guess he's took all. A fine pardner he's been, to be sure! He's seen me and Tom slavin' every day and guess he's jest chuckled. He's bided his time, and got clean off with all the stuff. Boys, we'd cleaned up the claim only yesterday, and thar was enough to take every mother's son of us back to New York, with something in hand ter start up business with. And Tusker's got it all, and has rubbed poor Tom out."

He looked round at the miners, and each in turn nodded his agreement.

"Rubbed him clean out, yer bet," said one. "It don't take twice lookin' ter tell that. Tom's dead, and we'd a notion yer was the same. Yer lay that still."

"And yer didn't move over sprightly," came from the wounded man dryly. "I saw every little bit of the theatricals, and thar wasn't a man as dared ter show fight, small blame to yer. For me, he'd got the drop before I'd a hand on my shooter, and jest sent his lead through my arm. I wasn't askin' fer more. I knew a move meant death, sure. And so I did same as you. Lay still as a mouse, with the paper over my face, and jest a small tear in it through which I could watch what was happening. Mates, I'll tell yer somethin'. I've been diggin' and minin' this five years. I've met bad men and good, rough and honest, and downright ruffians. But Tusker's jest a murderer. I gives him notice, here and now, that I shoot on sight at the next meetin'. If only for Lord Tom's sake, I shoot on sight. Tusker's a thief and a murderer."

When the whole matter came to be discussed, it was the decision of the inmates of the camp at Salem Falls that Tusker Joe was indeed a thief and a murderer. It cropped up in the evidence offered to the sheriff, who duly made an enquiry, that this man, some thirty years of age only, had twice before entered into partnership with other miners, and, having waited till the claims panned out well, and earnings were collected, disappeared with all that he could lay his hands on. And on this occasion it was his intention to do the same. But Lord Tom, a man of a different stamp to the miners, had detected his intention, and in an unwary moment had taxed him with the crime, and had not hesitated to call him a thief. Then it was that Tusker had deliberately shot his partner down, and done the same for Jim. It was a clear case of murder. A warrant was issued for the arrest of the man, and in a little while the event was forgotten. But Jim did not forget, while in course of time the news of Lord Tom's death filtered through to New York State, where his widow was living. Mary Kingsley did not forget. She mourned her husband for many a long day, and then, like the sensible woman she was, set herself to think of her son. And that son, Jack Kingsley, is the lad who is the hero of this story.