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The Gray Dawn
by Stewart Edward White
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"I won't fight Cal Bennett," repeated Keith patiently.

The major turned even redder, and swelled so visibly that Keith, in spite of his sad realization of the gravity of the affair, caught himself guiltily in a boyish anticipation that some of the major's strained buttons would pop.

"I shall so repo't to my principal, suh. But I may add, suh, that in my opinion, suh, yo' are conductin' yo'self in a manner unbecomin' to a gentleman; and othuh gentlemen will say so, suh! They may go even farthah and stigmatize yo' conduct as cowardly, suh! And it might even be that I, suh, would agree with that expression, suh!"

The major glowered. Keith smiled wearily. It did not to him at the moment that this would be so great a calamity.

"I am sorry to have forfeited your good opinion, Major," he contented himself with saying.

The major marched straight back to the Monumental, where Bennett and a number of friends were awaiting the result of his mission. The major's angry passions had been rising, every foot of the way.

"He won't fight, suh!" he bellowed, slamming his cane across the table. "He won't fight! And I stigmatized him to his face as a white-livered hound!"

Calhoun Bennett sank back pale, and speechless. His companions deluged him with advice.

"Horsewhip the craven publicly." "Warn him to go heeled, and then force the issue!" "Shoot him down like the dog he is!"

But the major's mighty bellow dominated everything.

"I claim the privilege!" he roared. "Egad, I demand the privilege! It is my right! I am insulted by such a rebuff! Now that I have acquitted myself of Cal's errand, I will call him out myself. Ain't that right, Cal? I'll make the hound fight!"

The old major looked redder and fiercer than ever. There could be no doubt that he would make any one fight, once he started out to do so, and that he would carry the matter through. He was brave enough.

But little Jimmy Ware, who had been doing some thinking, here spoke up. It seemed to him a good chance to get a reputation without any risk. Since James King of William had uncompromisingly refused to fight duels, his example had been followed. A strong party of those having conscientious scruples against the practice had come into being. Keith's refusal to fight Bennett, to Ware's mind, indicated that he belonged to this class. It looked safe.

"Pardon me, Major," he broke in suavely; "but each in turn. I claim the right. Cal had first chance because he had personally warned the man of the consequences. But I am equally accused. You must admit my prior claim."

The major came off the boil. Puffing his red cheeks in and out he considered.

"Yo're right, suh," he conceded reluctantly.

After considerable persuasion, and some flattery as to his familiarity with the niceties of the Code, the major consented to bear Jimmy's defiance. He entered Keith's office again, stiffer than a ramrod. Keith smiled at him.

"There's no use, Major, I won't fight Cal Bennett," he greeted his visitor.

"I am the bearer of a challenge from Mistah James Ware," he announced.

"What!" yelled Keith, so suddenly and violently that Major Miles recoiled a step.

"From Mistah James Ware," he repeated.

Keith laughed savagely.

"Oh, I'll fight him," he growled; "gladly; any time he wants it."

The major's face lit up.

"If you'll name yo' friend, suh," he suggested.

"Friend? Friend? What for? I'm capable of arranging this. I haven't time to hunt up a friend."

"It's customary," objected the major.

"Look here," Keith swept on, "I'm the challenged party and I have the say- so, haven't I?"

"Yo' can name the weapons," conceded Major Marmaduke Miles.

"All right, we'll call this revolvers, navy revolvers—biggest there are, whatever that is. And close up. None of your half-mile shooting."

"Ten yards," suggested Major Miles with unholy joy.

"And right away—this afternoon," went on Keith. "If that little runt wants trouble, egad he's going to have all his little skin will hold."

But the major would not have this. It was not done. He waived conducting his negotiations through a second, but that was as far as his conventional soul would go. He held out for three o'clock the following afternoon.

"And I wish to apologize, Mistah Keith," he said, on parting, "fo' my ill- considered words of a short time ago. I misunderstood yo' reasons fo' refusin' to fight Mistah Bennett."

He bowed his rotund, tightly buttoned little figure and departed, to strike Jimmy Ware with complete consternation.

Duels in the fifties were almost an acknowledged public institution. Although technically illegal, no one was ever convicted of any of the consequences of such encounters. They were conducted quite openly. Indeed, some of the more famous were actively advertised by steamboat men, who carried excursions to the field. Keith's acceptance of Ware's challenge aroused the keenest interest. Outside the prominence of the men involved, a vague feeling was current that in their persons were symbolized opposing forces in the city's growth. As yet these forces had not segregated to that point where champions were demanded, or indeed would be recognized as such, but vague feelings of antagonism, of alignments, were abroad. Those who later would constitute the Law and Order class generally sympathized with Ware; those whom history was to know as the Vigilantes felt stirrings of partisanship for Keith. Therefore, the following afternoon a small flotilla set sail for the Contra Costa shore, and a crowd of several hundred spectators disembarked at the chosen duelling ground.

Nan knew nothing of all this. Keith was now in such depths of low spirits that his wearied soul did not much care what became of him. He put his affairs in shape, shrugged his shoulders, and went to the encounter with absolute indifference.

The preliminaries were soon over. Keith found himself facing Jimmy Ware at the distance he had himself chosen. A double line of spectators stood at a respectful space on either side. Major Miles and an acquaintance of Keith's who had volunteered to act for him were posted nearer at hand. Keith had listened attentively to the instructions. The word was to be given—one, two, three. Fire! Between the first and last words the duellists were to discharge the first shot from their weapons. After that they were to fire at will. One shot would have sufficed Jimmy Ware; but Keith, without emotion, filed with a dead indifference to any possible danger and a savage contempt for the whole proceedings, had insisted on the full measure. He was totally unaccustomed to weapons. At the word of command he raised the revolver and fired, carelessly but coolly, and without result. One after the other he discharged the six chambers of his weapon, aiming as well as he knew how. It did not occur to him that Ware was firing at him. After the sixth miss he threw the revolver away in cold disgust.

"This is a farce," said he, "and I'm not going to be fool enough to take part in it any longer."

Jimmy Ware, delighted at finding himself unharmed, and confident now that bluff would go, started to say something lofty and disdainful. Keith whirled back on him.

"If you want 'satisfaction,' as you call it, you'll get it, and you'll get it plenty! I'm sick of being made a fool of. Just open your ugly head to me again, and I'll knock it off your shoulders!" His eye smouldered dangerously, and Jimmy Ware, very uncertain in his mind, took refuge in a haughty look. Keith glared at him moment, then turned to the crowd: "I'll give all of you fair warning," said he. "I'm going to do my legal duty in all things; and I'm not going to fight duels. Anybody who interferes with me is going to get into trouble!"

An uproar ensued. All this was most irregular, unprecedented, a disgrace to a gentlemen's meeting. The major roared like a bull. If a man would not fight, would not defend his actions, how could a gentleman get at him except by street brawling or assassination, and both of these were repugnant to finer feelings. A dozen fire-eaters felt themselves personally insulted. The crowd surrounded Keith, shouting at him, jostling him, threatening. A cool, somewhat amused voice broke in.

"Gentlemen," said Talbot Ward, in so decided a tone that they turned to hear. "I am a neutral non-partisan in this little war, I am for neither party, for neither opinion, in the matter. I, like Mr, Keith, never fight duels. But may I suggest—merely in the interest of fair play—that for the moment you are forgetting yourselves? My opinion coincides with Mr. Keith's that duelling is a foolish sort of game, but it is a game, and recognized; and if you are going to play it, why not stick to its rules? Mr. Keith, and Mr. Ware have exchanged shots. Mr. Ware has therefore had 'satisfaction.' Now Mr. Keith and I going to walk—quietly—to the boat. We do not expect to be molested."

"By God, Tal!" cried Major Miles in astonishment, "ye' don't mean to tell me yo're linin' yourself up on the side of that blackleg!"

"Well," put in a new voice, a very cheerful voice, "I don't pretend to be neutral, and I'd just as lief fight duels as not, and I'm willing to state to you all that though I don't know a damn thing about this case nor its merits, I like this man's style. And I'm ready to state that I'll take his place and fight any—or all of you—right here and now. You, Major?"

All eyes turned to him. He was a dark, eager youth, standing with his slouch hat in his hand, his head thrown back, his mop of shiny black hair tossed from his forehead, his eyes glowing. The major hummed and fussed.

"I have absolutely no quarrel with you, suh!" he said.

"Nor with my friend yonder?" insisted the newcomer.

"I should esteem it beneath my dignity to fight with a craven and a coward, suh!" the major saved his face.

The stranger glanced at Keith, an amused light in his eyes.

"We'll let it go at that," he conceded. "Anybody else?" he challenged, eying them.

Every one seemed busy getting ready to go home, and appeared not to hear him. After a moment he put on his felt hat and joined Keith and Ward, who were walking slowly toward the landing.

"Well," remarked a rough-looking Yankee—our old friend Graves of the Eurekas to his friend Carter—"I didn't know anything would cool off the major like that!"

"I reckon the major knew who he was talking to," replied Carter.

"Who is the cuss? I never saw him before."

"Don't you know him? I reckon you must have heard of him, anyway. He's just down from the Sierra. That's the express rider, Johnny Fairfax—Diamond Jack, they call him."

Graves whistled an enlightened whistle.



XLVIII

Johnny Fairfax accompanied Keith all the way back to his office, although Talbot Ward said good-bye at the wharves. He bubbled over with conversation and enthusiasm, and seemed to have taken a great fancy to the lawyer. The theme of his glancing talk was the duel, over which he was immensely amused; but from it he diverged on the slightest occasion to comment on whatever for the moment struck his notice.

"That was certainly the rottenest shooting I ever saw!" he exclaimed over and over, and then would go off into peals of laughter. "I don't see how twelve shots at that distance could miss! After the second exchange I concluded even the side line wasn't safe, and I got behind a tree. Pays to be prompt In your decision; there were a hundred applicants for that tree a moment later, The bloodless duel as a parlour amusement! You ought to have charged that large and respectable audience an admission fee! That's a good idea; I'll present it to you! If you ever have another due, you must have a good manager! There's money in it!"

Keith laughed a trifle ruefully,

"I suppose it was funny," he acknowledged.

"Now don't get huffy," begged Johnny Fairfax. "What you ought to do is to learn to shoot. You'll probably need to know how if you keep on living around here," His eye fell on a shooting gallery. "Come in here," he urged impulsively.

The proprietor was instructed to load his pistols and for a dozen shots Keith was coached vehemently in the elementals of shooting—taught at least the theory of pulling steadily, of coordinating various muscles and psychological processes that were not at all used to cooerdination. He learned that mere steady aiming was a small part of it.

"Anybody can do wonderful shooting with an empty pistol," said Johnny contemptuously. "And anybody can hold as steady as a rock—until he pulls the trigger."

"It's interesting," conceded Keith; "mighty interesting. I didn't know there was so much to it."

"Of course it's interesting," said Johnny. "And you're only at the rudiments. Look here!"

And, to the astonishment of Keith, the worshipful adoration of the shooting-gallery proprietor, and the awe of the usual audience that gathered at the sound of the reports, he proceeded to give an exhibition of the skill that had made him famous. The shooting galleries of those days used no puny twenty-twos. Derringers, pocket revolvers, and the huge "navies" were at hand—with reduced loads, naturally—for those who in habitual life affected these weapons. Johnny shot with all of them, displaying the tricks of the gunman with all the naive enthusiasm of youth. His manner throughout was that engaging mixture of modesty afraid of being thought conceited and eager pride in showing his skill so attractive to everybody. At first he shot deliberately, splitting cards, hitting marbles, and devastating whole rows of clay pipes. Then he took to secreting the weapons in various pockets from which he produced and discharged them in lightning time. His hand darted with the speed and precision of a snake's head.

"I've just been fooling with shooting things tossed in the air," he said, exuberant with enthusiasm. "But I'm afraid we can't try that here."

"I'm afraid not," agreed the proprietor regretfully.

"It really isn't very hard, once you get the knack."

"Oh, no," said the proprietor with elaborate sarcasm. "Say," he went on earnestly, "I suppose it ain't no use trying to hire you—"

Johnny shook his head, smiling.

"I was afraid not," observed the proprietor disappointedly. "You'd be the making of this place. Drop in any time you want practice. Won't cost you a cent. Would you mind telling me your name?"

"Fairfax," replied Johnny, gruffly embarrassed.

"Not Diamond Jack?" hesitated the proprietor.

"I'm sometimes called that," conceded Johnny, still more gruffly. "How much is it?"

"Not one gosh-danged continental red cent," cried the man, "and I'm pleased to meet you."

Johnny shook his extended hand, mumbled something, and bolted for the street. Keith followed, laughing.

"It seems you're quite a celebrity," he observed.

But Johnny refused to pursue that subject.

"You come with me and buy you a pistol," he growled. "You ought not to be allowed loose. You're as helpless as a baby."

Johnny picked out a small .31 calibre revolver and a supply of ammunition.

"Now you practise!" was his final warning and advice.

Keith went home with a new glow at his heart. He was ripe for a friend.

Johnny seemed to have little to do for the moment. He never volunteered information as to his business or his plans, and Keith never inquired. But the young express rider fell into the habit of dropping in at Keith's office. He was always very apologetic and solicitous as to whether or no he was interrupting, saying that he had stopped for only ten seconds; but he invariably ended in the swivel chair with a good cigar. Keith was at this time busy; but he was never too busy for Johnny Fairfax. The latter was a luxury to which he treated himself. Johnny was not only welcome because he was practically Keith's only friend, but also his frank and engaging comments on men and things were gradually giving the harassed lawyer a new point of view on the society in which he found himself. Keith, as a newcomer in a community already established, had naturally accepted the prominent figures in that community as he would have accepted prominent figures anywhere: that is, as respectable, formidable, admirable, solid, unquestioned pillars of society. He was of a modest disposition and disinclined to question. He respected them as any modest young man respects those older and more successful than himself. For the same reason he accepted their views and their authority; or, if he questioned them, he did so sadly, almost guiltily, with many heart-searchings.

But Johnny Fairfax held no such attitude. Not he! The city's great names had scant respect from him! Not for an instant did he hesitate to criticise or analyze the most renowned. It was not long before he learned all about the Cora trial and Keith's subsequent efforts to discipline McDougall and his associates.

"I hope you get 'em!" said he; "the whole lot! I don't know much about this McDougall; but I do know his friends, and most of 'em aren't worth thinkin' about. They're big people here, but back where I came from, in old Virginia, the best of 'em wouldn't be overseers on a plantation. That's why they like it so much out here. Look at that gang! Casey has been in the penitentiary, Rowlee ran some little blackleg sheet down South until they run him out—-I tell you, sir, as a Southerner I'm not proud of the Southerners out here. They're a cheap lot, most of 'em. They were a cheap lot home. The only difference is that back there everybody knew it, and out here everybody thinks they're great people because they get up on their hind legs and say so out loud. That old bluff, Major Miles, he was put out of a Richmond club, sir, for cheatin' at cards—I know that for a fact!"

Somehow, this frank criticism was like a breeze of fresh air to Keith: it put new courage into him. Johnny Fairfax had no interests in the city; he had no fear; his viewpoint was free from all sham; he was newly in from the outside. Through his eyes things fell into perspective. Suddenly San Francisco upper society became to Keith what it really was: a welter of cheap, bragging, venal, self-seeking men, with here and there an honest fine character standing high above. And he began, but dimly, to see that the real men of the place were not—as yet—well known. Probably one of the most impressive and typical figures of the time was Justice of the Supreme Court Terry. In the eyes of those too close to events to have a clear sense of proportion, he was one of the great men of his period. Courtly, handsome, with haughty manners, of aristocratic bearing, fiercely proud, touchily quarrelsome on "points of honour," generous but a bitter hater, he and his equally handsome, proud, and fiery wife were considered by many people of the time as embodying the ideal of Southern chivalry. But Johnny Fairfax would have none of it.

"He a typical Southern gentleman!" he laughed, "As being born in the South myself, I repudiate that! I know too much about Terry. Why, look here: he's a good sport, and he's got ability, and he makes friends, and he isn't afraid of anything, But then you stop. He's not a gentleman! It shows most particularly when he gets mad. Then he'll throw over anything—anything—to have his own way. He's a big man now, but he won't be knee-high to a June bug before he gets done."

Johnny's prediction was long in fulfilment, but a score of years later it came to pass, and Judge Terry's reputation has sunk almost to the level of that of his brother on the bench—Judge "Ned" McGowan.

"They're all a bad lot," Johnny finished, "and I hope you lick them! You don't know all the good folks in this town yet!"



XLIX

Calhoun Bennett dropped the matter, and contented himself with cutting Keith dead whenever they happened to meet. Jimmy Ware and Black were men of a different sort; indeed McDougall had made them his associates mainly because of their knowledge of the city's darker phases and their unscrupulousness. In the admirable organization thus sketched Calhoun Bennett had acted as a sort of go-between.

After the duel these two precious citizens held many anxious consultations. They could not tell just how much evidence Keith had succeeded in gathering, but they knew that plenty of it existed. If the matter came to an issue, they suspected the consequences might be serious. Either Keith or his evidence must in some way be got rid of. Black, who was inclined by instinct and training to be direct, was in favour of the simple expedient of hiring assassins.

"Won't do," negatived the more astute Ware. "The thing will be traced back to us—not legally, of course, but to a moral certainty, and while they won't be able to prove anything on us, the state of the public mind is such that hell would pop."

"He says he won't fight another duel," said Black doubtfully.

"No."

"We've got to kill him in a street quarrel, then."

"He's got to be killed in a street quarrel," amended Ware, "that's certain; but nobody even remotely connected with this Cora trial must seem to have anything to do with it. It must have the appearance of a private quarrel from away outside. Otherwise——"

"Got anybody in mind?" asked the practical Black.

"Yes, and he ought to be here at any moment."

As though Jimmy Ware's words had been the cue for which he waited, Morrell here entered the room.



L



At three o'clock in the afternoon of May 14, 1856, the current issue of the Bulletin was placed on sale. A very few minutes later a copy found its way into the hands of James Casey. Casey at that time, in addition to his political cares, was editor of a small sheet he called the Sunday Times. With this he had strenuously supported the extreme wing of the Law party, which, as has been explained, comprised also the gambling and lawless element. It was suspected by some that his paper was more or less subsidized for the purpose, though the probability is that Casey found his reward merely in political support. This Casey it was who, to his own vast surprise, had at a previous election been returned as elected supervisor; although he was not a candidate, his name was not on the ticket, and no man could be found who had voted for him. Indeed, he was not even a resident of the district. However, Yankee Sullivan, who ran the election, said officially the votes had been cast for him; so elected he was proclaimed. Undoubtedly he proved useful; he had always proved useful at elections elsewhere, seldom appearing in person, but adept at selecting suitable agents. His methods were devious, dishonest, and rough. He was head of the Crescent Fire Engine Company, and was personally popular. In appearance he was a short, slight man, with a bright, keen face, a good forehead, a thin but florid countenance, dark curly hair, and light blue eyes, a type of unscrupulous Irish adventurer with a dash of romantic ideals. Like all the gentlemen rovers of his time, he was exceedingly touchy on the subject of "honour."

In the Bulletin of the date mentioned James Casey read these words, apropos of the threat of one Bagby to shoot Casey on sight:

It does not matter how bad a man Casey had been, or how much benefit it might be to the public to have him out of the way, we cannot accord to any one citizen the right to kill him, or even beat him, without justifiable provocation. The fact that Casey has been an inmate of Sing Sing prison in New York is no offence against the laws of this State; nor is the fact of his having stuffed himself through the ballot box, as elected to the Board of Supervisors from a district where it is said he was not even a candidate, any justification for Mr. Bagby to shoot Casey, however richly the latter may deserve to have his neck stretched for such fraud on the public.

Casey read this in the full knowledge that thousands of his fellow-citizens would also read it. His thin face turned white with anger. He crumpled the paper into a ball and hurled it violently into the gutter, settled his hat more firmly on his head, and proceeded at once to the Bulletin office with the full intention of shooting King on sight. Probably he would have done so, save for the accidental circumstance that King happened to be busy at a table, his back squarely to the door. Casey could not shoot a man in the back without a word. He was breathless and stuttering with excitement. King was alone, but an open door into an adjoining office permitted two witnesses to see and hear.

"What do you mean by that article?" cried Casey in a strangled voice.

King turned slowly, and examined his visitor for a moment.

"What article?" he inquired at last.

"That which says I was formerly an inmate of Sing Sing!"

King gazed at him with a depth of detached, patient sadness in his dark eyes.

"Is it not true?" he asked finally.

"That is not the question," retorted Casey, trying again to work himself up to the rage in which he had entered. "I do not wish my past acts rated up: on that point I am sensitive."

A faint smile came and went on King's lips.

"Are you done?" he asked still quietly; then, receiving no reply, he turned in his chair and leaned forward with a sudden intensity. His next words hit with the impact of bullets: "There's the door! Go! Never show your face here again!" he commanded.

Casey found himself moving toward the open door. He did not want to do this, he wanted to shoot King, or at least to provoke a quarrel, but he was for the moment overcome by a stronger personality. At the door he gathered himself together a little.

"I'll say in my paper what I please!" he asserted, with a show of bravado.

King was leaning back, watching him steadily.

"You have a perfect right to do so," he rejoined. "I shall never notice your paper."

Casey struck himself on the breast.

"And if necessary I shall defend myself!" he cried.

King's passivity broke. He bounded from his seat bristling with anger.

"Go!" he commanded sharply, and Casey went.

LI



People had already read King's article in the Bulletin. People had seen Casey heading for the Bulletin office with blood in his eye. The news had spread. When the Irishman emerged he found waiting for him a curious crowd. His friends crowded around asking eager questions. Casey answered with vague but bloodthirsty generalities: he wasn't a man to be trifled with, and egad some people had to find that out! blackmailing was not a healthy occupation when it was aimed at a gentleman! He left the impression that King had recanted, had apologized, had even begged—there would be no more trouble. Uttering brags of this sort, Casey led the way to the Bank Exchange, a fashionable bar near at hand. Here he set up the drinks, and was treated in turn. His bragging became more boastful. He made a fine impression, but within his breast the taste of his interview with King curdled into dangerous bitterness. Casey could never stand much alcohol. The well-meant admiration and sympathy of his friends served only to increase his hidden, smouldering rage. His eyes became bloodshot, and he talked even more at random.

In the group that surrounded him was our old acquaintance, Judge Edward McGowan—Ned McGowan—jolly, hard drinking, oily, but not as noisy as usual. He was watching Casey closely. The Honourable Ned was himself a fugitive from Pennsylvania justice. By dint of a gay life, a happy combination of bullying and intrigue, he had made himself a place in the new city, and at last had "risen" to the bench. He was apparently all on the surface, but his schemes ran deep. Some historians claim that he had furnished King the documents proving Casey an ex-convict! Now, when he considered the moment opportune, he drew Casey from the noisy group at the bar.

"All this talk is very well," he said contemptuously to the Irishman, "but I see through it. What are you going to do about it?"

"I'll get even with the——, don't you worry about that!" promised Casey, still blustering.

This McGowan brushed aside as irrelevant. "Are you armed?" he asked. "No, that little weapon is too uncertain. Take this." He glanced about him, and hastily passed to Casey a big "navy" revolver. "You can hide it under your cloak—so!" He fixed Casey's eyes with his own, and brought to bear on the little man all the force of his very vital personality, "Listen: King comes by here every evening. Everybody knows that, and everybody knows what has happened."

He stared at Casey significantly for a moment, then turned abruptly away. Casey, become suddenly quiet, his blustering mood fallen from him, his face thoughtful and white, his eyes dilated, said nothing. He returned to the bar, took a solitary drink, and walked out the door, his right hand concealed beneath his long cloak. McGowan watched him intently, following to the door, and looking after the other's retreating form. Casey walked across the street, but stopped behind a wagon, where he stood, apparently waiting. McGowan, with a grunt of satisfaction, sauntered deliberately to the corner of the Bank Exchange. There he leaned against the wall, also waiting.

For nearly an hoar the two thus remained: Casey shrouded in his cloak, apparently oblivious to everything except the corner of Merchant and Montgomery streets, on which he kept his eyes fixed; McGowan lounging easily, occasionally speaking a low word to a passerby. Invariably the person so addressed came to a stop. Soon a little group had formed, idling with Judge McGowan. A small boy happening by was commandeered with a message for Pete Wrightman, the deputy sheriff, and shortly Pete arrived out of breath to join the group.

At just five o'clock the idlers stiffened to attention. King's figure was seen to turn the corner of Merchant Street into Montgomery. Head bent, he walked toward the corner of the Bankers' Exchange, the men on the corner watching him. When nearly at that point he turned to cross the street diagonally.

At the same instant Casey stepped forward from behind the wagon, throwing back his cloak.

LII

The same afternoon Johnny Fairfax and Keith were sitting together in the Monumental's reading-room. They happened to be the only members in the building with the exception of Bert Taylor, who was never anywhere else. Of late Keith had acquired the habit of visiting the reading-room at this empty hour. He was beginning to shrink from meeting his fellowmen. Johnny Fairfax was a great comfort to him, for the express rider was never out of spirits, had a sane outlook, and entertained a genuine friendship for the young lawyer. Although yet under thirty years of age, he was already an "old-timer," for he had come out in '49, and knew the city's early history at first hand.

"This old bell of yours is historical," he told Keith. "Its tolling called together the Vigilantes of '51."

They sat gossiping for an hour, half sleepy with reaction from the fatigues of the day, smoking slowly, enjoying themselves. Everything was very peaceful—the long slant of a sunbeam through dust motes, the buzz of an early bluebottle, the half-heard activities of some of the servants in the pantry beyond, preparing for the rush of the cocktail hour. Suddenly Johnny raised his head and pricked up his ears.

"What the deuce is that!" he exclaimed.

They listened, then descended to the big open engine-room doors and listened again. From the direction of Market Street came the dull sounds of turmoil, shouting, the growl and roar of many people excited by something. Across the Plaza a man appeared, running. As he came nearer, both could see that his face had a very grim expression.

"Here!" called Johnny, as the man neared them. "Stop a minute! Tell us what's the matter!"

The man ceased running, but did not stop. He was panting but evidently very angry. His words came from between gritted teeth.

"Fight," he said briefly. "Casey and James King of William. King's shot."

At the words something seemed to be stilled in Keith's mind. Johnny seized the man by the sleeve.

"Hold on," he begged. "I know that kind of a fight. Tell us."

"Casey went up close to King, said 'come on,' and instantly shot him before King knew what he was saying."

"Killed?"

"Fatally wounded."

"Where's Casey?"

"In jail—of course—where he's safe—with his friends."

"Where you headed for?"

"I'm going to get my gun!" said the man grimly, and began again to run.

They watched his receding figure until it swung around the corner and disappeared. Without warning a white-hot wave of anger swept over Keith. All the little baffling, annoying delays, enmities, technicalities, chicaneries, personal antagonisms, evasions that had made up the Cora trial were in it. He seemed to see clearly the inevitable outcome of this trial also. It would be another Cora-Richardson case over again. A brave spirit had been brutally blotted out by an outlaw who relied confidently on the usual exoneration. With an exclamation Keith darted into the engine house to where hung the rope ready for an alarm. An instant later the heavy booming of the Monumental's bell smote the air.

LIII



Having given this alarm. Keith, Johnny at his elbow, started toward the centre of disturbance, From it arose a dull, menacing roar, like the sound of breakers on a rocky coast. Many people, with much excitement, shouting, and vituperation, were converging toward the common centre. As this was approached, it became more difficult, at last impossible, to proceed. The streets were packed, jammed. All sorts of rumours were abroad—King, was dead—King was only slightly hurt—Casey was not in jail at all—Casey had escaped down the Peninsula—the United States warships had anchored off the foot of Market Street and were preparing to bombard the city. There was much rushing to and fro without cause. And over all the roar could be distinguished occasionally single cries, as one may catch fragments of conversation in a crowded room, and all of these were sinister: "Hang him!" "Where is he?" "Run him up on a lamp post!" "Bring him out!" "He'll get away if left to the officers!" And over all the cries, the shouts, the curses, the noise of shuffling feet, the very sound of heavy breathing— that—the numbers of the mob magnified to a muffled, formidable undernote, pealed louder and louder the Monumental bell, which now Bert Taylor—or some one else—was ringing like mad.

Keith's eyes had become grim and inscrutable, and his mouth had settled into a hard, straight line. Johnny's interest had at first centred in the mob, but after a few curious glances at his companion he transferred it entirely to him, Johnny Fairfax was a judge of men and of crises; and now he was invaded with a great curiosity to see how the one and the other were here to work out. With a determination that would not be gainsaid, Keith thrust himself through the crowd until he had gained an elevated coping. Here he stood watching. Johnny, after a glance at his face, joined him.

Suddenly in the entrance of Dunbar Alley, next the city jail, a compact group of men with drawn pistols appeared. They made their way rapidly to a carriage standing near, jumped in, and the driver whipped up his horses. With a yell of rage the crowd charged down, but recoiled instinctively before the presented pistols. The horses reared and plunged, and before anybody had gathered his wits sufficiently to seize the bridles, the whole equipage had disappeared around the corner of Kearney Street.

"I must say that was well done," said Johnny.

"North and Charles Duane, with Casey, inside," commented Keith, as dispassionately as though reading from a catalogue. "Billy Mulligan and his deputies outside. That is to be remembered."

A great mob had surged after the disappearing vehicle, but at least fifty yards in the rear. The remainder were following at a more leisurely pace. Almost immediately the street was empty. Keith climbed slowly down from his coping.

"What do you intend doing?" asked Johnny curiously.

"Nothing yet."

"But they're getting him away!"

"No," said Keith, out of his local knowledge. "They're merely taking him to the county jail; it's stronger."

They followed the crowd to the wide open space below the county jail. The latter was at that period a solidly built one-story building situated atop a low bluff. Below it the marshal had drawn up his officers. They stood coolly at ease. The mob, very excited, vociferated, surged back and forth. North and his men, busily and coolly, but emphatically, were warning them, over and over again, not to approach nearer. A single, concerted rush would have overwhelmed the few defenders; but the rush was not made. Nevertheless, it could not be doubted that this time the temper of the people was very determined. The excitement was growing with every minute. Cries again took coherence.

"Hang him!" "Arrest the officers!" "Good, that's it!" "Let's take the jail!"

A man burst through the front ranks, clambered up the low bluff on which stood the jail, turned, and attempted to harangue the crowd. He was instantly torn down by the officers. He fought like a wild cat, and the crowd, on the hair trigger as it was, howled and broke forward. But Marshal North, who really handled the situation intelligently, sharply commanded his men to desist, and instantly to release the orator. He knew better than to allow the matter to come to an issue of strength. Intensely excited, the man shouldered his way through the crowd, and, assisted by many hands, mounted the balcony of a two-story house. Thence he began to harangue, but so great was the confusion that he could not be heard.

"Who is he?" "Who is that man?" voices cried from a dozen points.

George Frank, a hotel keeper, possessed of a great voice, shouted back:

"That is Thomas King—"

An officer seized Frank hastily by the collar. "Stop or I'll arrest you!" he threatened.

"—brother of James King of William!" bellowed Frank, undaunted.

"Bully for you!" muttered Johnny Fairfax, whose eyes were shining.

Keith was watching the whole scene from beneath the brim of his hat, his eyes sombre and expressionless. Johnny glanced at him from time to time, but said nothing.

From the balcony Thomas King continued to harangue the crowd. Little of what he said could be heard, but he was at a white heat of excitement, and those nearest him were greatly aroused. An officer made a movement to arrest him, but a hasty message from the sapient North restrained that.

At that moment a great cheer burst out from the lower end of the street. Over the heads of the crowd could be distinguished the glint of file after file of bayonets.

"That's the ticket!" cried an enthusiast near Keith and Johnny. "Here come the militia boys! Now we'll soon have the jail!"

The bayonets bobbed steadily through the crowd, deployed in front of the jail, and turned to face the mob. A great groan went up.

"Sold!" cried the enthusiast.

These were volunteers from the Law and Order party, hastily armed from the militia armouries, and thrown in front of the jail for its protection.

Immediately they had taken position the jail door opened, and there appeared a rather short, carefully dressed man, with side whiskers, carrying his hat in his hand. He stood for a moment, appealing for attention, one arm upraised. Little by little the noise died down.

"Who is that?" inquired Johnny.

He received no reply from Keith, but the enthusiast informed him:

"That's our beloved mayor—Van Ness," said he.

When quiet had at length been restored, Van Ness addressed them:

"You are here creating an excitement," he said, "which may lead to occurrences this night which will require years to wipe out. You are now labouring under great excitement, and I advise you quietly to disperse. I assure you the prisoner is safe. Let the law have its course and justice will be done."

Up to this point Van Ness had been listened to with respect, but at the last word he received such a chorus of jeers and cat calls that he retired hastily.

"How about Richardson?" they demanded of him. "Where's the law in Cora's case?" "To hell with such justice!"

"Not the popular orator," observed Johnny Fairfax.

More soldiers came, and then more, at short intervals, until the square was filled with shining bayonets. Johnny was frankly disgusted. As a man of action he too well understood that this particular crisis was practically over. From this mob the jail was safe.

"They lost their chance talking," he said. "They ought to have rushed the jail first pop. Now the whole thing will fizzle out slowly. Let's go get supper."

Without reply Keith descended from his perch. They hunted some time for a restaurant. All were closed for the sufficient reason that their staffs were on the streets. Finally they discovered a Chinese chop house prepared to serve them, and here they ate. Johnny was voluble in his scorn for the manner in which a golden opportunity had been allowed to slip by. Keith was very taciturn.

"Let's get out of here," he said abruptly at last. "Let's get some news."

They learned that King was still alive, though badly wounded in the left breast; that he could not be moved; that he was attended by Dr. Beverly Cole and a half score of the best surgeons of the city; that a mass meeting had been called at the Plaza. Indeed, there could be no doubt that the centre of excitement had been shifted to the Plaza. Men by thousands, all armed, were marching in that direction. Johnny and Keith found the square jammed, but the latter led the way by devious alleys to the rear of the Monumental headquarters, and so out to a little second-story balcony.

Below them the faces of the packed mass of humanity showed white in the dim light from the street lamps and the buildings. Arms gleamed. Every roof top, every window, every balcony was crowded. From the latter vehement orators held forth. All wanted to talk at once. Some of these people were, as our chronicler of the time quaintly expresses it, "considerably tight." Keith looked them all over with an appraising eye, listening at the same time to incendiary speeches advising the battering down of the jail and the hanging of all its inmates. Occasionally one of the cooler headed would get in a few words, but invariably was interrupted by some well-meaning hot head.

There seemed to be a great diversity of opinion both among the people on the balcony and those below. Keith listened attentively for a time, then, with the abruptness that had characterized his movements and decisions since the moment he had heard the news of King's assassination, he turned away.

"Let's go," he said briefly.

"Oh, hold on!" cried Johnny, aghast. "It's just the shank of the evening! We'll miss all the fun."

"There'll be nothing done," said Keith with decision.

"I'm more in hopes," persisted Johnny. "I'll bet there are ten thousand men here, armed and angry, and getting angrier every minute. They could fairly eat up that lot at the jail."

"They won't," said Keith.

"I'll bet one good man could turn them loose in a minute."

Suddenly Keith's dour taciturnity broke. "You're perfectly right," he conceded; "but the point is that good men won't lead a rabble. If we're to have good leaders we must have something for them to lead. If we're to cure these conditions, we must do things in due order. This cannot be remedied by mere excitement nor by deeds done under excitement. I have not yet seen anything that promises either satisfaction or reform."

"What do you propose doing, then?" asked Johnny, his intuitions again satisfying him that here was the man to tie to.

"Walk about," replied Keith.

They walked about. In the course of the evening they looked in on a dozen meetings of which they had news—in the Pioneer Club, in rooms over the old Bella Union, in a saloon off Montgomery Street, at the offices of various merchants. Keith looked carefully over the personnel of each of these various meetings, listened a minute or so, and went out. By some of the men so gathered Johnny was quite impressed, but Keith shook his head.

"These meetings are being held by clubs or cliques," he explained his disbelief in them. "They influence a certain following, but not a general following. This must be a general movement or none at all. The right people haven't taken hold."

About midnight he unexpectedly announced that he was going home and to bed. Johnny was frankly scandalized,

"I think nothing will happen in this matter," said Keith,

"The time for mob violence has passed. If an attack were now to be made, I should consider it unfortunate, and should not want to be mixed up in it, anyway. A mob attack is nothing but a manifestation of sheer lawlessness."

"And you're keen for the dear law, of course," said Johnny with sarcasm.

"There is a difference between mere laws and the law. There is a time— either here or coming soon—when laws may be broken that justice may be done. But no popular movement will succeed unless it has behind it the solemn, essential human law. Good-night."

LIV



On this same afternoon of King's assassination Nan Keith, was expecting Sansome in for tea. Afternoon tea was then an exotic institution, practically unknown in California society. Ben Sansome was about the only man of Nan's acquaintance who took it as a matter of course, without either awkwardness, embarrassment, or ill-timed jest. The day had been fine, and several times she had regretted her promise as she cast an eye at the glow over the gilt-edged tops of the western hills. The sunset through the Golden Gate must to-day be very fine.

And Ben Sansome had failed her! She had made certain little especial preparations—picked flowers, herself cut the sandwiches thin, put on her most becoming tea gown. As time passed she became more and more annoyed. She was disappointed not so much at the absence of Ben Sansome as a person as at the waste of her efforts.

But at six o'clock, when she had given him up, and was about to change from her tea gown, he came in, full of apologies, very flustered, and bursting with news.

"King was shot on the street by Casey," he told her, trying not unsuccessfully for his habitual detached manner. "I stopped to get the news for you. King is not dead, but probably fatally wounded. Casey is in jail. There is a great public excitement—a mob is forming. I've been expecting something of the sort. King has been pretty free with his comments."

At seven o'clock Nan jumped to her feet in a sudden panic.

"Why, I wonder where Milton is!" she cried. "He's never been so late as this before!"

"He's probably stayed downtown to follow the course of the excitement. Naturally he would. He may not get home to supper at all."

Wing Sam announced supper. He was unheeded. Even Gringo, his ears cocked, watched the door, getting up uneasily, whining, sniffing inquiringly, and lying down again. At half-past seven Sansome firmly intervened.

"You're going to make yourself ill," he insisted, "if you don't eat something. I am hungry, anyway, and I'm not going to leave you until he comes back."

"Oh, you must be starved! How thoughtless I am!" she cried.

Sansome, who, it must be confessed, had been somewhat chagrined at the apparent intensity of her anxiety, was, within the next two hours, considerably reassured. Nan never did things halfway. For the moment she had forgotten her guest. He was certainly very kind, very thoughtful—as always—to stay here with her. She must not oppress his spirits. But the inner tension was terrible. She felt that shortly something must snap. And after supper, when they had returned to the drawing-room, a queer, low, growling, distant roar, borne on a chance shift of wind, broke one of her sentences in the middle.

"What's that?" she cried, but before Sansome had replied, she knew what It was, the roar of the mob! And Milton was somewhere there!

Suddenly a wave of reaction swept her, of anger. Why was he there? Why wasn't he at home? Why had he made no attempt to relieve her cruel anxiety? A messenger—it would have been very simple! And Ben Sansome was so kind— as always. She turned to him with a new decision.

"I know you are dying to go see what is going on," she said. "You simply must not stay here any longer on my account. I insist! Indeed, I think I'll go to bed." But Ben Sansome, his manner becoming almost caressingly protective, would not listen.

"It isn't safe to leave you alone," he told her. "All the worst elements of the city will be out. No woman should be left alone in times of such danger. I should feel most uneasy at leaving you before your husband comes in."

His words were correct enough, but he managed to convey his opinion that he was only fulfilling what should have been Keith's first and manifest duty. She made no reply. The conversation languished and died. They sat in the lamplight opposite each other, occasionally exchanging a word or so. Sansome was content and enjoying himself. He conceived that the stars were fighting for him, and he was enjoying the hour. Nan, a prey alternately to almost uncontrollable fits of anxiety and flaming resentment, could hardly sit still.

About midnight Gringo pricked up his ears and barked sharply. A moment later Keith came in.

He was evidently dead tired and wholly preoccupied. He hung up his hat absently. Nan had sprung to her feet.

"Oh, how could you!" she cried, the pent exasperation in her voice. "I've been so anxious! I didn't know what might have happened!"

"I'm all right," replied Keith briefly. "Sorry you were worried. No chance to send you word."

His apparent indifference added fuel to Nan's irritation.

"If it hadn't been for Ben, I should have been stark, staring crazy, here all alone!".

Keith for the first time appeared to notice Sansome's presence. He nodded at him wearily.

"Mighty good of you," said he. "I appreciate it."

"I thought some man ought to be in the house at a time of such public excitement," rejoined Sansome significantly.

Keith failed to catch, or elected not to notice, the implication. Nan's cheeks turned red.

Without further remark Keith walked across to lock the window; returning, he extinguished a small lamp on the side table. He was tired out, knew he must be up early, and wanted above everything to get to bed. The hint was sufficiently obvious. Sansome rose. Nan's flush deepened with mortification.

"Well, I'll just run along," said Sansome cheerfully. He did not ask for news of the evening, nor did Keith volunteer it. Keith nodded at him briefly and indifferently. He did not mean to be rude, but his wearied mind was filled to the exclusion of everything else with the significance of this day.

Nan, feeling that she must make amends, followed Sansome into the hall. Her anxiety for Keith's safety relieved, her whole reaction was indignantly toward Sansome.

"I'm sorry to have you go," she said, with a feeling that other circumstances could not have called out, "I don't know what I'd have done without you!"

Sansome's sensitive intuitions thrilled to the feeling.

"Your husband is here to take care of you—now," he murmured. "I must be off." He took her hand, and bent over her, gazing into her eyes with the concentration of a professional hypnotist, "Good-night," he said, with a world of unexpressed meaning. "Try to get some sleep—Nan," He said her name in a lower tone, almost lingeringly, then turned abruptly and went out.

Nan stood looking for a moment at the closed door. The effect of his personality was on her spirit, the mantle of his care for her, his consideration for her every mood, wrapped her about gratefully.

She found the lights all out, and Keith already half undressed.

"I must say, Milton," she said, "you might have been a little less rude to Mr. Sansome. It would have only been decent after he had sat up here until all hours."

Keith, whose wide eyes would have showed him to be wholly preoccupied with some inner vision or problem, answered impatiently from the surface of his mind:

"What in the world did I do to Sansome?"

"You didn't do anything, that's the trouble. Do you realize he waited here over six hours for you to come in?"

"Oh, I guess he'll pull through," said Keith a little contemptuously.

Nan became indignant.

"At least," she retorted, "you ought to be grateful that he stayed to protect the place!"

"The place was in no danger," said Keith, yawning.

She checked herself, and made a fresh start.

"What's it all about? What's happened? Where have you been?" she asked.

Keith roused himself with an effort.

"I've been a little of everywhere. Lord, I'm tired! There's a mob about trying to get up nerve to hang Casey. I suppose you've heard that Casey shot King this afternoon?"

"Yes, I heard that."

"Well, when I saw nothing was going to happen, I came home, though I'm not sure the trouble is over."

Having said this, Keith fell gratefully to his pillow. Nan was nervous, wide-awake, curious. She asked a number of questions. Keith answered with extreme brevity. He was temporarily exhausted. Shortly he fell asleep between two sentences.



LV



The following morning Keith woke early, slipped to the kitchen where he was fed by Wing Sam, and was downtown before Nan, who had not so promptly fallen asleep, had yet stirred. Even at that hour the streets were crowded. Many—and the majority of these were "considerably tight," or otherwise looking the worse for wear—had been up all night, unable to tear themselves away from the fascinating centres of excitement. The majority, however, had, like Keith, snatched some repose, and now were out eager to discover what a new day might bring forth.

The morning newspapers had been issued. Each man held a copy of one of them open at the editorial column, and others tucked away under his arm. Never had there been such a circulation; and in the case of the Herald never would so many be sold again. For that ill-starred sheet, mistaking utterly the times, held boldly along the way of its sympathies. It spoke of the assassination as an "affray"; held forth violently against the mob spirit of the evening before; and stated vehemently its opinion that, now that "Justice is regularly administered" there was no excuse for even the threat of public violence. If there had been any doubt as to the depth to which public opinion was at last stirred, the reception of the Herald's editorial would have settled it. Actually, for the moment, indignation seemed to run more strongly against that sheet than against Casey himself.

Keith glanced over this editorial with a half smile, tossed the paper in the gutter, and opened the Alta for news. King, still living, had been removed from the office of the Express Company to a room in the Montgomery Block. There, attended by his wife, Dr. Beverly Cole, and a whole corps of volunteer physicians, he was making a fight for life. The bullet had penetrated his left breast. That was all that was to be reported at present. Keith glanced at the third page. His eye was caught by this notice:

THE VIGILANCE COMMITTEE

The members of the Vigilance Committee in good standing will please meet at No. 105-1/2 Sacramento Street, this day, Thursday, 15th instant, at nine o'clock A.M.

By order of the

COMMITTEE OF THIRTEEN.

While he was still gazing thoughtfully at this Johnny Fairfax, fresh as the morning, appeared at his elbow.

"Hello, wise man," he greeted him cheerily. "You were a good prophet—and you got some sleep. I hung around all night, but nothing new was done."

"Look here," said Keith, placing his finger on the notice, "do you suppose this genuine?"

Johnny read the notice.

"Couldn't say."

"Because if this is actually the old Committee of '51, it means business."

"There's one way to find out."

"How's that?"

"Go and see," advised Johnny.

Number 105-1/2 Sacramento Street proved to be a big three-storied barnlike structure that had been built by a short-lived political party called the Know Nothings. Already the hall was packed to its full capacity, the entrance ways jammed, and a big crowd had gathered in the streets.

"Fine chance we have here!" observed Johnny ruefully.

They stood well free of the press for a few moments, watching. More men were coming from all directions. But Johnny was resourceful, and likewise restless.

"Let's prowl around a little," he suggested to his companion.

They prowled to such good purpose that they discovered, at the rear of the building, opening into a blind alley, a narrow wooden stairway. It was unguarded and untenanted.

"Here we are," pronounced Johnny.

They ascended it, and immediately found themselves In a small room back of the stage or speaker's platform, It contained about a score of men. Their aspect was earnest, serious, grave. Although there was a sufficiency of chairs, they were all afoot, gathered in a loose group, in whose centre stood William Coleman, his massive shoulders squared, his large bony, hands clenched at his side, his florid complexion even more flushed than usual, his steady eye travelling slowly from one face to another, Again the strange contradictions in, his appearance struck Keith with the impact of a distinct shock—the low smoothed hair, the sweeping blue-black moustache, the vivid colour, and high cheek bones of the typical gambler—the clear eye, firm mouth, incisive, deliberate speech, the emanation of personality that inspired confidence. Next him, talking earnestly, stood Clancey Dempster, a small man, mild of manner, blue eyed, with light, smooth hair, the last man in the room one would have picked for great firmness and courage, yet destined to play one of the leading roles in this crisis. The gigantic merchant, Truett, towered above him, he who had calmly held two fighting teamsters apart by their collars; and homely, stubborn, honest Farwell, direct, uncompromising, inspired with tremendous single-minded earnestness, but tender as a girl to any under dog; and James Dows, rough and ready, humorous, blasphemous, absolutely direct, endowed with "horse sense," eccentric, but of fundamentally good judgment: Hossfros of '51; Dr. Beverly Cole, high spirited, distinguished looking, courtly; the excitable, active, nervous, talkative, but staunch Tom Smiley, Isaac Blucome whose signature as "33, Secretary" was to become terrible; fiery little George Ward, willing—but unable—to whip his weight in wild cats. As Keith recognized these men, and others of their stamp, he nodded his head contentedly.

Johnny Fairfax must have caught the same impression, for he leaned across to whisper to Keith, his eyes shining:

"We've hit it!"

Their entrance had passed unnoticed in the absorption of discussion. Coleman was speaking, evidently in final decision.

"It is a serious business," said he. "It is no child's play. It may prove very serious. We may get through quickly, so safely, or we may so involve ourselves as never to get through."

"The issue is not of choice, but of expediency," urged Dempster. "Shall we have vigilance with order or a mob with anarchy?"

Coleman pondered a moment, then threw up his head.

"On two conditions I will accept the responsibility—absolute obedience, absolute secrecy."

Without waiting for a reply to this he threw open a door, and followed by the others, stepped out on the platform. A roar greeted their appearance. Johnny and Keith, remaining modestly in the background, lingered near the open door.

The hall was filled to its utmost capacity. Every inch of floor space was occupied, and men perched on sills, clung to beams. Coleman raised his hand and obtained an immediate dead silence.

"In view of the miscarriage of justice in the courts," he announced briefly, "it has been thought expedient to revive the Vigilance Committee. An Executive Council was chosen by a representative of the whole body. I have been asked to take charge. I will do so, but must stipulate that I am to be free to choose the first council myself. Is that agreed?"

A roar of assent answered him.

"Very well, gentlemen. I shall request you to vacate the hall. In a short time the books will be open for enrollment."

He turned and reentered the anteroom followed by the others. In so doing he came face to face with the intruders.

"This is not your place, gentlemen," he told them courteously.

They retired down the narrow back stairs and joined the huge throng that filled the streets, waiting patiently and quietly, its eyes fixed on the closed doors of the hall. In a remarkably short time these doors were thrown open. Those nearest surged forward. Inside the passage were twelve men, later to be known as the Executive Committee. These held back the rush, admitting but one man at a time. The crowd immediately caught the idea. There was absolutely no excitement. Every man was grimly in earnest. Cries of "Order! Order! Line up!" came from different parts of the throng. A rough quadruple queue was formed extending down the street. There was no talk nor smiles, none of the usual rough joking. Each waited his turn without impatience.

Johnny Fairfax and Keith, owing to the chance that they had, entered the crowd from the nearby alley and found themselves close to the head of the line. As they neared the entrance, and so could hear what was there going on, they found that each applicant was being closely scrutinized and interrogated. The great majority passed this ordeal, but several men were peremtorily turned back with a warning not to try again.

Keith's turn came. He was conscious of the scrutiny of many eyes; he heard the word "pass" pronounced by some one in the background, and climbed the stairs. At the top he was directed to an anteroom at the left. Here behind a table sat Coleman, Dempster, and a third man unknown to him. To them he repeated the words of an oath of secrecy, and then was passed into another room where Isaac Bluxome sat behind a ledger. In this he wrote his name.

"Your number is 178," said Bluxome to him, "By that number, and not by your name, you are henceforth to be known here. Never use names, always their numbers, in referring to other members."

Thence Keith was directed to the main hall where were those already admitted. These were gathered in groups discussing the situation. In a moment Johnny Fairfax joined him.

"179, I am," said Johnny. His eyes swept the hall. "Not much mob spirit about this; it looks like business."

They hung around for an hour. The hall slowly filled. Finally, learning that nothing further was to be done until the enrollment had finished, they wandered out again into the street. The unbroken lines of applicants extended as far down the street as the eye could see.

All that day the applicants, orderly and grim with purpose, were passed through in line. By mid-day it was seen that the Know-Nothing Hall was going to be too small for the meeting that would later take place. Therefore, a move was made to the Turnverein Hall. After enrolling, no man departed from the vicinity for long. Short absences for hastily snatched meals were followed by hurried returns lest something be missed. From time to time reports were circulated as to the activities of the Executive Committee, which had been in continuous session since its appointment. Thus it was said that an Examining Committee had been appointed to scrutinize the applicants; that the members of the Executive Committee had been raised to twenty-six, that Oscar Smith had been appointed chief of police. The latter rumour was immediately verified by the energetic activities of that able citizen. He, or his messengers, darted here and there searching for individuals wanted as doorkeepers, guards, or police officers. His regulations also began to be felt. By evening only registered members of the committee were allowed on the floor of the hall, even the expostulating reporters being gently but firmly ejected.

Nobody manifested the least excitement or impatience. At eight o'clock Coleman came out of one of the side rooms, and, mounting a table, called for order.

"A military organization is deemed necessary," he said crisply. "Numbers one to one hundred will please assemble in the southwest corner of the room; numbers one hundred and one to two hundred will take the first window; numbers two hundred and one to three hundred the second window, and so on." He hesitated and looked over the assembly. "Que les Francais, se mettent au centre," he ended.

This command in a foreign language was made necessary by the extraordinary number of Frenchmen who had first answered the call of gold in the El Dorado of '49; and then with equal enthusiasm responded to this demand for essential justice.

Coleman waited while the multitude shifted here and there. When the component parts had again come to rest he made his next announcement:

"Now each company will elect its own officers, but those officers are subject to the orders of the Executive Committee."

Numbers one hundred and one to two hundred inclusive, the company in which Keith and Johnny Fairfax found themselves, were for the most part strangers to one another, They exchanged glances, hesitating as to how to begin. Then a small, spectacled, man spoke up.

"Gentlemen," said he, "we must get organized as rapidly as possible, Mr, Coleman is waiting. We need for a leader a man who is experienced in active life. I nominate John Fairfax as captain of this company."

Johnny gasped and turned red.

"Who's your little friend?" Keith whispered.

"Never saw him before in my life," replied Johnny.

The announcement was received with indecision. Nobody immediately replied or commented aloud on the nomination, but men were asking each other in undertones. The little spectacled man saw this, and spoke up again:

"Perhaps I should say that Mr. Fairfax is better known as Diamond Jack."

Faces cleared, heads nodded. A murmur of recognition replaced the puzzled frowning, "Good man," "The express rider," "Danny Randall's man," they told each other.

"I do not know Mr. Fairfax," the spectacled man was saying, "but I saw his name just before mine on the register."

"This is Fairfax," said Keith, thrusting the reluctant Johnny forward.

He was elected to the post by acclamation.

"Nominations for a lieutenant?" suggested the spectacled man, but Keith interrupted.

"If you all have as much confidence in Mr. Fairfax as I have," said he, "perhaps you'll give him free hand and let him pick his own officers."

This seemed a good idea, and was instantly adopted.

"Well, I thank you, gentlemen," said Johnny, "and we'll do our best to become efficient. Report your names and addresses to this gentleman here—"

"Willey," supplied the little man.

"We shall drill to-morrow at eight sharp. Bring whatever weapons——"

But Coleman was again speaking and on this very subject:

"The committee have arranged with George Law," he was saying, "to supply or hire muskets to the number of several thousands. These weapons will be at this hall to-morrow morning early. Company captains can then make their requisitions."

A murmur of inquiry swept the hall. "George Law? Where did he get several thousand muskets?" And the counter current of information making its way slowly—they were only flintlocks, perfectly efficient though, had bayonets—superseded government arms—brought out some time ago by Law to arm some mysterious filibustering expedition that had fizzled.

In this manner, without confusion, an organization of two thousand men was formed, sixteen military companies officered and armed.

Shortly after Coleman dismissed the meeting. Its members dispersed to their homes. Absolute quiet descended on the city, which slept under the moon.



LVI

To the thoughtful bystander all this preparation had its significance and its portent, which became the stronger when he contemplated the dispositions of the Law and Order party. The latter had been not less vigorous, and its strength could not be doubted. The same day that marked the organization of the Vigilantes saw the regular police force largely increased. In addition, the sheriff issued thousands of summonses to citizens, calling on them for service on a posse. These were in due form of the law. To refuse them meant to put one's self outside the law. A great many of them were responded to, for this reason only, by men not wholly in sympathy with either side. Once the oath was administered, these new deputies were confronted by the choice between perjury and service. To be sure the issuance of these summonses forced many of the neutral minded into the ranks of the Vigilantes. The refusal to act placed them on the wrong side of the law; and they felt that joining a party pledged to what practically amounted to civil war was only a short step farther. The various military companies were mustered, reminded of their oaths, called upon solemnly to fulfil their sworn duty, and marched to various strategic points about the jail and elsewhere. Parenthetically, their every appearance on the streets was well hissed by the populace. The governor was informally notified of a state of insurrection, and requested to send in the State militia. By evening all the forces of organized society were under arms. The leaders of the Law and Order party were jubilant. Their position appeared to be impregnable. They felt that back of them was all the weight of constituted authority, reaching, if need be, to the Federal Government at Washington. Opposed to them was lawlessness. Lawlessness had occasionally become dignified revolution, to be sure, but only when a race took its stand on a great issue; never when a handful espoused a local quarrel. Civil war it might be; but civil war, the wise politicians argued, must spread to become effective; and how could a civil war based on the shooting of an obscure editor in a three-year-old frontier town spread anywhere? Especially such an editor as James King of William.

For King had made many bitter enemies. In attacking individual members of a class he had often unreasonably antagonized the whole class. Thus he had justly castigated the Times and other venal newspapers; but in so doing had by his too general statements drawn the fire of every other journal in town. He had with entire reason attacked a certain scalawag of a Roman Catholic priest—a man the church itself must soon have taken in hand—but had somehow managed to offend all Roman Catholics in doing so; likewise, there could be no question that his bitter scorn for "the chivalry" was well justified, but the manner of its expression offended also the decent Southerners. And all these people saw the Vigilantes, not as a protest against a condition that had become intolerable, but as the personal champions of King. The enemies of King, many of them worthy citizens, quite out of sympathy with the present methods of administering the law, became the enemies of the Vigilantes.

No wonder the Law and Order party felt no uneasiness. They did not underestimate the determination of their opponents. It was felt that fighting, severe fighting, was perhaps inevitable. The Law and Order party loved fighting. They had chosen as their commander William Tecumseh Sherman, later to gain his fame as a great soldier. His greatness in a military capacity seems to have been exceeded only by his inability to remember facts proved elsewhere by original historical documents. This is the only possible explanation for the hash of misstatements comprising those chapters in his "Memoirs" dealing with this time. In writing them the worthy general evidently forgot that original documents existed, or that statements concerning historical events can often be checked.

And as a final source of satisfaction, the Vigilantes had placed themselves on record. Every man could be apprehended and made to feel the weight of the law. A mob is irresponsible and anonymous. These fools had written down their names in books!



LVII

Now a new element was injected into the situation in the person of the governor of the State, one J. Neely Johnson, a politician who would long since have been utterly forgotten had not his unlucky star risen just at this unlucky time. A more unfortunate man for a crisis it would have been difficult to find. His whole life had been one of trimming; he had made his way by trimming; he had gained the governor's chair by yielding to the opinions of others. This training combined perfectly with the natural disposition of a chameleon. He was, or became, a sincere trimmer, taking his colour and his temporary beliefs from those with whom he happened to be. His judgment often stuck at trifles, and his opinions were quickly heated but as quickly cooled. His private morals were none of the best, which gave certain men an added hold.

On receipt of the message sent by the Law and Order party—but not, be it noted, by the proper authorities—requesting the State militia, Governor Johnson came down post-haste from Sacramento. Immediately on arriving in the city he sent word to Coleman requesting an interview. Coleman at once followed the messenger to the Continental Hotel. He was shown to a private room where he found Johnson pacing up and down alone. Coleman bowed gravely in response to the governor's airy greeting. Johnson sat down, offered cigars, made every effort to appear amiable and conciliatory.

"This is bad; this is bad, Coleman," he began the interview. "What is it you want?"

"Peace," replied Coleman, "and if possible without a struggle."

"That's all very well," said Johnson pettishly, "to talk about peace with an army of insurrection newly raised. But what is it you actually wish to accomplish?"

Coleman looked at him steadily, then leaned forward.

"The law is crippled," he told the governor in measured tones. "We want merely to accomplish what the crippled law should do but cannot. This done, we will gladly retire. Now, Governor, you have been asked by the mayor, and certain others, to bring out the militia and crush this movement. I assure you, it cannot be done; and if you attempt it, it will cause you and us great trouble. Do as Governor McDougall did in '51. See in this movement what he saw in that: a local movement for a local reform, in which the State is not concerned. We are not a mob; we demand no overthrow of institutions. We ask not a single court to adjourn; we ask not a single officer to vacate his position; we demand only the enforcement of the law— which, after all, we have made!" He extended his strong fist and laid it on the table. "If you deem it the conscientious duty of your office to discountenance these proceedings—as perhaps you well may—then let your opposition be in appearance only. In your heart you must know the necessity of this measure; you know the standing of the men managing it, You know that this is no mob, no distempered faction. It is San Francisco herself who speaks! Let California stand aside; let her leave us to our shame and sorrow; for, as God lives, we will cleanse this city of her corruption or perish with her! So we have sworn!"

This long speech, delivered with the solemnity of absolute conviction, profoundly impressed Johnson's volatile nature.

"But," he objected uncertainly, "Coleman, you must understand! This is against the law—and I have sworn to uphold the law!"

"That is a matter for your own conscience," rejoined Coleman a little impatiently. "Issue your proclamation, if you feel that the dignity of the law may be best maintained by frowning on justice—but confine yourself to that! Leave us alone in our righteous purposes!"

Johnson, his chameleon soul aglow with enthusiasm, leaped to his feet and seized Coleman's two hands. In his eye stood a tear.

"Sir," he cried, "go on with your work! Let it be done as speedily as possible! You have my best wishes!"

Coleman did not relax his formal gravity.

"I am glad you feel that way, and that we understand each other," he contented himself with saying.

The heroic moment past, Johnson's restless mind began to glance among anxieties.

"But hasten the undertaking as much as you can," he begged. "The opposition is stronger than you suppose. The pressure on me is going to be terrible. What about the prisoners in the jail?" asked Johnson anxiously. "What is your immediate plan?"

"That is in the hands of the committee," evaded Coleman.

He left the governor, again pacing up and down.



LVIII

Coleman returned at once to the hall to resume his interrupted labours with the committee. The results of his conference with the governor seemed very satisfactory,

"We can now go ahead with free minds," said Clancey Dempster.

The business was astonishingly varied in scope. Charles Doane—not to be confused with Duane, the ex-fire chief—was appointed military commander- in-chief; Colonel Johns, captain of artillery; Olney was given the task of guarding the jail from the outside "with a force numerous enough to prevent escape." After considerable discussion Aaron Burns was made head of a civilian committee to take charge of all prisoners. It was moved and carried that no city or county official should be admitted to membership, a striking commentary on the disesteem in which such men were held. Permanent headquarters were arranged for; committees appointed for the solicitation of funds. A dozen other matters of similar detail were taken up, intelligently discussed, and provided for with the celerity of men trained in crises of business or life. At length it was moved the "committee, as a body, shall visit the county jail at such time as the Executive Committee might direct; and take thence James P. Casey and Charles Cora, give them a fair trial, and administer such punishment as justice shall demand."

This was the real business, for the transaction of which all these lesser businesses had been prepared. A slight pause followed its introduction, as though each member present were savouring the significance of the moment.

"Are you ready for the question?" asked Coleman in grave tones. "Those in favour——"

"Aye," came the instant response from every man present.

A messenger opened the door to announce that Governor Johnson was in the anteroom requesting speech with Coleman. The latter, handing his gavel to Dempster, immediately answered the summons.

He found Johnson, accompanied by Sherman, Garrison, and two strangers, lounging in the anteroom. The governor sprawled in a chair, his hat pulled over his eyes, a cigar in the corner of his mouth. His companions arose and bowed gravely as Coleman entered the room, but he remained seated, nodding at Coleman with an air of cavalier bravado that was plainly intended to conceal his nervousness. Without waiting for the exchange of spoken greetings, he burst out:

"We have come to ask what you intend to do," he demanded truculently of Coleman, as though he had never seen or talked to him before.

Coleman stared at him for an instant, completely surprised; read him; set his mouth grimly.

"Outrages are of constant occurrence," he recited briefly; "our suffrages are profaned, our fellow-citizens shot down in the street, our courts afford us no redress, we will endure it no longer."

"I agree with you as to the grievances," rejoined the governor, almost as though reciting a learned lesson; "but I think the courts are the proper remedy. The judges are good men, and there is no necessity for the people to turn themselves into a mob and obstruct the execution of the laws."

A flush mounted Coleman's cheek.

"Sir!" he cried indignantly, "this is no mob! You know this is no mob!"

Johnson looked at him from between half-closed lids, as though from a great distance.

"The opposition is stronger than you imagine," he said. "There is danger to the city—great danger of bloodshed—which should be prevented if possible." He paused, focussed his whole attention on Coleman, and went on with deliberate significance: "It may be necessary to bring out all the force at my command. I strongly advise you to leave the case of Casey to the courts; and I pledge myself to his fair and speedy trial."

Although realizing fully what a formidable element this change of front threw into the situation, Coleman's expression did not change: Sherman, watching him closely, could not see that his eyes even flickered,

"That will not satisfy the people," he told the governor, coldly and formally. "However they might consider your intention, they will doubt your ability to keep such a promise," He was going to say more, but checked, himself abruptly. The silent but intent attitude of the governor's four companions had struck his attention. "They are present as witnesses!" he told himself. Aloud he said, "Sir, I will report your remarks to my associates," Coleman wanted witnesses, too.

He returned to the committee, interrupting the proceedings,

"The governor has flopped over the fence." he informed them. "He is out there with Sherman and some others threatening to bring in the State troops unless we turn Casey over to the courts and disband. He personally guarantees a fair and speedy trial."

"What did you tell him?" demanded Hossfros.

"I haven't told him anything. It suddenly occurred to me that I ought to have witnesses for my side of the conversation, What do you think?"

"Same as I've always thought," replied Ward.

A murmur of assent greeted this.

After a remarkably brief discussion, considering the delicacy of the crisis, Coleman with others returned to the anteroom.

"Sorry to have kept you waiting," he said blandly, "but some consideration of the question was necessary. Let us understand each other clearly. As I understand your proposal, it is that, if we make no move, you guarantee no escape, immediate trial, and instant execution?"

"That is it," agreed Johnson, after a moment's focussing of his mind. For the first time it became evident to Coleman that the man had a trifle too much aboard.

"We doubt your ability to do this," went on Coleman, "but we are ready to meet you halfway. This is what we will promise: we will take no steps without first giving you notice. But in return we insist that ten men of our own selection shall be added to the sheriff's force within the jail."

"And," added Isaac Bluxome, "that they be fed and kept and treated well. That's part of the bargain."

"Why, that sounds fair and reasonable, gentlemen!" the governor cried heartily. "I see no objection to that! I was sure we could come to an agreement!"

He was suddenly all cordiality, all smiles, shaking each man's hand in turn. His companions retained their manner of glacial formality, however. He shortly withdrew, full of spirits, very much relieved at the lifting of what seemed to him a cloud of unjust oppression for a poor official who merely wanted peace. The real situation, evident enough to the keener brains on either side, was veiled to him. For poor Johnson had thus far stepped from one blunder into another. If Coleman were completely outside the law, then he, as an executive of the law, had no business treating or making agreements with him at all. Furthermore, as executive of the State, he had no legal right to interfere with city affairs unless formally summoned by the authorities—a procedure that had not been adopted. And to cap it all, he had for the second time treated with "rebels" and to their advantage. For, as the astute Coleman well knew, the final agreement was all to the benefit of the committee. They gained the right to place a personal guard over the prisoners; they gave, practically, only a promise to withdraw that guard before attacking the jail—a procedure eminently sensible if they cared anything for the guard.

This little weakness was immediately and vigorously pointed out to Johnson when he returned triumphantly to his hotel. Keen minds were plenty in the Law and Order party. Johnson was crestfallen. Like all men of little calibre elevated by expediency to high office, he wanted above everything to have peace, to leave things as they were, to avoid friction.

"Upon my word, gentlemen!" cried the governor, dismayed, "I did it for the best; and I assure you I am still convinced that this agreement—entered into in all faith, and sincerity——"

"Bosh!" boomed Judge Caldwell.

"I beg your pardon!" said Johnson, flushing.

"I said 'bosh,'" repeated the judge, bringing the point of his cane against the floor. "You've muddied it, as every sensible man can see. Best thing is to put a bold face on it. Take it for granted that the committee has promised to surrender all right of action, and that they have promised definitely to leave the case to the courts."

"I hardly think they intended that," murmured Johnson.

"Meant!" snorted the judge. "The words will bear that interpretation, won't they? Who cares what they meant!"

The following morning this version was industriously passed about. When Coleman heard of it he pulled his long moustache,

"The time has come," he said with decision. "After that, it is either ourselves or a mob."

He went immediately to the hall.

"Call Olney," he told a messenger. The head of the guard was soon before him.

"Olney," said his chief, "will you accept the command of a picked company in an important but somewhat perilous movement?"

Olney's tall form stiffened with pleasure.

"I will—with thanks!"

"Well, then, pick out from all the forces, of whatever companies, sixty men. Accept none but men—of the very highest bravery. Let them know that they are chosen for the post of danger, which is the post of honour, and permit none to serve who does not so esteem it."

Olney saluted, and went at once to the main floor, which, for drilling purposes, was shared by four companies. He stood still until his eye fell on Johnny Fairfax—him he called aside.

"You can get the whole sixty right here if you want to," Johnny told him. "But if you want to distribute things——"

"I do," said Olney.

"Then I'd take Keith, Carter, that teamster McGlynn, and Salisbury."

Together they went the rounds of the impromptu armouries, going carefully over the rolls, picking a man here and there. By eight o'clock the sixty, informed, equipped, and ready, were gathered at the hall. Olney dismissed all others, and set himself to drilling his picked body.

"I don't care whether you can do 'shoulder arms' or not," he said, "but you've got to learn simple evolutions so I can handle you. And you must learn one another's faces. Now, come on!"

At two o'clock in the morning he expressed himself as satisfied. From the stock of blankets with which the headquarters were already provided they selected, bedding, and turned in on the floor. At six o'clock Olney began to send out detachments for breakfast.

"Feed up," he advised them. "I don't know what this is all about, but it pays to eat well."

By eight o'clock every man was in his place, lined up to rigid attention as Coleman entered the building.

"There they are!" said Olney proudly. "Every man of them of good, tough courage, and you can handle them as well as any old soldiers!"

Other men came into the hall, some of them in ranks, as they had fallen in at their own company headquarters outside, others singly or in groups. Doorkeepers prevented all exit; once a man was in, he was not permitted to go out. Some of the leaders and captains, among whom were Doane, Olney, and Talbot Ward, were summoned to Coleman's room. Shortly they emerged, and circulated through the hall giving to each captain of a company detailed and explicit directions. Each was instructed as to what hour he and his command were to start; from what given point; along exactly what route; and at exactly what time he was to arrive at another given point—not a moment sooner or later. Each was ignorant as to the instructions given the others. Never was a plan better laid out for concerted action, and probably never before had such a plan been so well carried out. Each captain listened attentively, returned to head his company, thoughtful with responsibility.

Olney gave the orders to his picked, company in person. They were told to leave their muskets. Armed only with pistols, they were to make their way by different routes to the jail.

Keith, and Johnny Fairfax started out together, "This is a mistake, as far as I am concerned," observed Keith to his companion. "I can't shoot a pistol. I ought to be in the rank and file, not with this picked lot. They chose me merely because I was your friend."

"You can make a noise, anyway," replied Johnny, whose eyes were alight with excitement. "I wonder what's up? This looks like business! I wouldn't miss it for a million dollars!"

Apparently the general populace had no inkling that anything was forward. The streets were much as usual except that an inordinate amount of street- corner discussion seemed to be going on; but that in view of the circumstances was normal. A broad-beamed Irish woman, under full sail alone accosted them. Her face Keith vaguely recognized, but he could not have told where he had seen it.

"I hear Mr. King, God rest him, is better," she said. "And what are the men going to do with that villain, Casey? If the men don't hang him, the women will!".

A little farther Keith stopped short at sight of two men hurrying by.

"Hold on, Watkins!" he called.

The four of them drew aside a little, out of the way.

"Weren't you in the jail guard?" asked Keith.

Watkins nodded.

"How does it happen you're outside?"

"The committee sent notice that the truce was over."

Johnny uttered an exultant yell, which he cut short shamefacedly when a dozen passersby looked around.



LIX

It happened on this day that Nan Keith had refused an invitation to ride with Ben Sansome, but had agreed as a compromise to give him a cup of tea late in the afternoon. Nan's mood was latterly becoming more and more restless. It was an unconscious reflection of the times, unconscious because she had no real conception of what was going on. In obedience to Keith's positively expressed request she had kept away from the downtown districts, leaving the necessary marketing to Wing Sam. For the moment, as has been explained, her points of touch with society were limited. It happened that before the trouble began the Keiths had been subscribers to the Bulletin and the Herald, and these two journals continued to be delivered. Neither of them gave her much idea of what was really going on. For a moment her imagination was touched by the blank space of white paper the Bulletin left where King's editorials had usually been printed, but Thomas King's subsequent violence had repelled her. The Herald, after rashly treating the "affray" as a street brawl, lost hundreds of subscribers and most of its advertising. It shrunk to a sheet a quarter of its usual size. Naturally, its editor, John Nugent, was the more solidly and bitterly aligned with the Law and Order party. The true importance of the revolt, either as an ethical movement or merely as regards its physical size, did not get to Nan at all. She knew the time was one of turmoils and excitements. She believed the city in danger of mobs. Her attitude might be described as a mixture of fastidious disapproval and a sympathetic restlessness.

About the middle of the afternoon Mrs. Sherwood came up the front walk and rang the bell. Nan, sitting behind lace curtains, was impressed by her air of controlled excitement. Mrs. Sherwood hurried. She hurried gracefully, to be sure, and with a reminiscence of her usual feline indolence; but she hurried, nevertheless. Therefore, Nan herself answered the bell, instead of awaiting the deliberate Wing Sam.

"My dear," cried Mrs. Sherwood, "get your mantle, and come with me. There's something going to happen-something big!"

She refused to answer Nan's questions.

"You'll see," was all the reply she vouchsafed. "Hurry!"

They crossed by the new graded streets where the sand hills had been, and soon found themselves on the low elevations above the county jail. Mrs. Sherwood led the way to the porch of a onestory wooden house that appeared to be unoccupied.

"This is fine!" she said with satisfaction.

The jail was just below them, and they looked directly across the open square in front of it and the convergence of two streets. The jail was buzzing like a hive: men were coming and going busily, running away as though on errands, or darting in through the open door. Armed men were taking their places on the flat roof.

In contrast to this one little spot of excited activity, the rest of the scene was almost superlatively peaceful. People were drifting in from all the side streets, but they were sauntering slowly, as though without particular interest; they might have been going to or coming from church. A warm, basking, Sunday feel was in the sunshine. There was not the faintest breeze. Distant sounds carried clearly, as the barking of a dog— it might have been Gringo shut up at home—or the crowing of a distant cock. From the square below arose the murmur of a multitude talking. The groups of people increased in frequency, in numbers. Black forms began to appear on roof tops all about; white faces at windows. It would have been impossible to say when the scattered groups became a crowd; when the side of the square filled; when the converging streets became black with closely packed people; when the windows and doors and balconies, the copings and railings, the slopes of the hills were all occupied, but so it was. Before she fairly realized that many were gathering, Nan looked down on twenty thousand people. They took their positions quietly, and waited. There was no shouting, no demonstration, so little talking that the low murmur never rendered inaudible the barking of the dog or the crowing of the distant cock. The doors of the jail had closed. Men ceased going in and out. The armed forces on the roof were increased.

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