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glowed redly over the crest between them and Hymettus； Hamlin
said：
〃Another one of those forest fires。 It's this side of Black Spur；
and a big one； I reckon。〃
〃Do you know；〃 said Barker thoughtfully； 〃I was thinking of the
time the old cabin burnt up on Heavy Tree。 It looks to be about in
the same place。〃
〃Hush！〃 said Stacy sharply。
CHAPTER IX。
An abandoned tunnelan irregular orifice in the mountain flank
which looked like a dried…up sewer that had disgorged through its
opening the refuse of the mountain in red slime； gravel； and a
peculiar clay known as 〃cement；〃 in a foul streak down its side； a
narrow ledge on either side； broken up by heaps of quartz；
tailings； and rock； and half hidden in scrub； oak； and myrtle； a
decaying cabin of logs； bark； and cobblestonesthese made up the
exterior of the Marshall claim。 To this defacement of the
mountain； the rude clearing of thicket and underbrush by fire or
blasting； the lopping of tree…boughs and the decapitation of
saplings； might be added the debris and ruins of half…civilized
occupancy。 The ground before the cabin was covered with broken
boxes； tin cans； the staves and broken hoops of casks； and the
cast…off rags of blankets and clothing。 The whole claim in its
unsavory； unpicturesque details； and its vulgar story of sordid；
reckless； and selfish occupancy and abandonment； was a foul blot
on the landscape； which the first rosy dawn only made the more
offending。 Surely the last spot in the world that men should
quarrel and fight for！
So thought George Barker； as with his companions they moved in
single file slowly towards it。 The little party consisted only of
himself； Demorest； and Stacy； Marshall and Hamlinaccording to a
prearranged planwere still in ambush to join them at the first
appearance of Steptoe and his gang。 The claim was yet unoccupied；
they had secured their first success。 Steptoe's followers； unaware
that his design had been discovered； and confident that they could
easily reach the claim before Marshall and the surveyor； had
lingered。 Some of them had held a drunken carouse at their
rendezvous at Heavy Tree。 Others were still engaged in procuring
shovels and picks and pans for their mock equipment as miners； and
this； again； gave Marshall's adherents the advantage。 THEY knew
that their opponents would probably first approach the empty claim
encumbered only with their peaceful implements； while they
themselves had brought their rifles with them。
Stacy； who by tacit consent led the party； on reaching the claim at
once posted Demorest and Barker each behind a separate heap of
quartz tailings on the ledge； which afforded them a capital
breastwork； and stationed himself at the mouth of the tunnel which
was nearest the trail。 It had already been arranged what each man
was to do。 They were in possession。 For the rest they must wait。
What they thought at that moment no one knew。 Their characteristic
appearance had slightly changed。 The melancholy and philosophic
Demorest was alert and bitter。 Barker's changeful face had become
fixed and steadfast。 Stacy alone wore his 〃fighting look；〃 which
the others had remembered。
They had not long to wait。 The sounds of rude laughter； coarse
skylarking； and voices more or less still confused with half…spent
liquor came from the rocky trail。 And then Steptoe appeared with
part of his straggling followers； who were celebrating their easy
invasion by clattering their picks and shovels and beating loudly
upon their tins and prospecting…pans。 The three partners quickly
recognized the stamp of the strangers； in spite of their peaceful
implements。 They were the waifs and strays of San Francisco
wharves； of Sacramento dens； of dissolute mountain towns； and there
was not； probably； a single actual miner among them。 A raging
scorn and contempt took possession of Barker and Demorest； but
Stacy knew their exact value。 As Steptoe passed before the opening
of the tunnel he heard the cry of 〃Halt！
He looked up。 He saw Stacy not thirty yards before him with his
rifle at half…cock。 He saw Barker and Demorest； fully armed； rise
from behind their breastworks of rock along the ledge and thus
fully occupy the claim。 But he saw more。 He saw that his plot was
known。 Outlaw and desperado as he was； he saw that he had lost his
moral power in this actual possession； and that from that moment he
must be the aggressor。 He saw he was fighting no irresponsible
hirelings like his own； but men of position and importance； whose
loss would make a stir。 Against their rifles the few revolvers
that his men chanced to have slung to them were of little avail。
But he was not cowed； although his few followers stumbled together
at this momentary check； half angrily； half timorously like wolves
without a leader。 〃Bring up the other men and their guns；〃 he
whispered fiercely to the nearest。 Then he faced Stacy。
〃Who are YOU to stop peaceful miners going to work on their own
claim？〃 he said coarsely。 〃I'll tell you WHO； boys；〃 he added；
suddenly turning to his men with a hoarse laugh。 〃It ain't even
the bank！ It's only Jim Stacy； that the bank kicked out yesterday
to save itself；Jim Stacy and his broken…down pals。 And what's
the thief doing herein Marshall's tunnelthe only spot that
Marshall can claim？ We ain't no particular friends o' Marshall's；
though we're neighbors on the same claim； but we ain't going to see
Marshall ousted by tramps。 Are we； boys？〃
〃No； by G…d！〃 said his followers； dropping the pans and seizing
their picks and revolvers。 They understood the appeal to arms if
not to their reason。 For an instant the fight seemed imminent。
Then a voice from behind them said：
〃You needn't trouble yourselves about that！ I'M Marshall！ I sent
these gentlemen to occupy the claim until I came here with the
surveyor；〃 and two men stepped from a thicket of myrtle in the rear
of Steptoe and his followers。 The speaker； Marshall； was a thin；
slight； overworked； over…aged man； his companion； the surveyor； was
equally slight； but red…bearded； spectacled； and professional…
looking； with a long traveling…duster that made him appear even
clerical。 They were scarcely a physical addition to Stacy's party；
whatever might have been their moral and legal support。
But it was just this support that Steptoe strangely clung to in his
designs for the future； and a wild idea seized him。 The surveyor
was really the only disinterested witness between the two parties。
If Steptoe could confuse his mind before the actual fightingfrom
which he would； of course； escape as a non…combatantit would go
far afterwards to rehabilitate Steptoe's party。 〃Very well； then；〃
he said to Marshall； 〃I shall call this gentleman to witness that
we have been attacked here in peaceable possession of our part of
the claim by these armed strangers； and whether they are acting on
your order or not； their blood will be on your head。〃
〃Then I reckon；〃 said the surveyor； as he tore away his beard； wig；
spectacles； and mustache； and revealed the figure of Jack Hamlin；
〃that I'm about the last witness that Mr。 Steptoe…Horncastle ought
to call； and about the last witness that he ever WILL call！〃
But he had not calculated upon the desperation of Steptoe over the
failure of this last hope。 For there sprang up in the outlaw's
brain the same hideous idea that he voiced to his companions at the
Divide。 With a hoarse cry to his followers； he crashed his pickaxe
into the brain of Marshall； who stood near him； and sprang forward。
Three or four shots were exchanged。 Two of his men fell； a bullet
from Stacy's rifle pierced Steptoe's leg； and he dropped forward on
one knee。 He heard the steps of his reinforcements with their
weapons coming close behind him； and rolled aside on the sloping
ledge to let them pass。 But he rolled too far。 He felt himself
slipping down the mountain…side in the slimy shoot of the tunnel。
He made a desperate attempt to recover himself； but the treacherous
drift of the loose debris rolled with him； as if he were part of
its refuse； and； carrying him down； left him unconscious； but
otherwise uninjured； in the bushes of the second ledge five hundred
feet below。
When he recovered his senses the shouts and outcries above him had
ceased。 He knew he was safe。 The ledge could only be reached by a
circuitous route three miles away。 He knew； too； that if he could
only reach a point of outcrop a hundred yards away he could easily
descend to the stage road； down the gentle slope of the mountain
hidden in a growth of hazel…brush。 He bound up his wounded leg；
and dragged himself on his hands and knees laboriously to the
outcrop。 He did not look up； since his pick had crashed into
Marshall's brain he had but one blind thought before himto escape
at once！ That his revenge and compensation would