He rose up in his saddle, haranguing the assembly as he spoke, and once more Jim Swope felt his cause being weakened by the attacks of this vehement little cowman.
"Well, what kin I do about it?" he cried, throwing out his hands in virtuous appeal. "My sheep has got to eat, hain't they?"
"Sure," assented Hardy, "and so have our cattle. But I tell you what you can do--you can go out through that pass yonder!"
He pointed at the cañon down which the sheep had come in the Fall, the great middle fork which led up over the Four Peaks; but the sheepman's only reply was a snarl of refusal.
"Not if I know myself," he muttered spitefully. "How'd do, Judge!" He fixed his eyes eagerly upon Judge Ware, who was hastening to join in the struggle. "You're just the man I want to see," he continued, advancing briskly to meet him, "and I want to ask you, here and now before these witnesses, do you claim any right to the exclusive use of this land?"
"Why, certainly not, certainly not," answered the judge warmly, "but at the same time I do claim an equity which rises from prior and undisputed possession, and which has always and ought now to protect my range from any outside invasion."
"Very likely, very likely," remarked Swope dryly. "And now, Judge, I want to ask you another question before these witnesses. Did you or did you not authorize your superintendent and foreman to threaten and intimidate my men and me, with the idea of driving us off this public land?"
"I did not," replied the judge, his mind suddenly filled with visions of criminal proceedings. "On the contrary, I have repeatedly warned them against any such action."
"At the same time," echoed Swope, quick to follow up his advantage, "these men, who are your agents and employees, have systematically moved my herders off this range by armed violence, and your foreman has just now struck my brother, besides threatening to kill some of us if we don't turn back. I want to tell you right now, Mr. Ware, that I have consulted the best lawyers in this Territory as to my rights on public lands, and you will be held personally responsible for any acts of violence on the part of your employees. Now I want to ask you one more question: Do you deny my right to pass through this range on my way to the Sierra Blancas? You don't? Well then, call off these men!"