Chapter 27

"Be ready to sail in half an hour."

Doane then turned the job over to a trustworthy, quick-witted man named John Durkee. The latter selected twelve to assist him, among whom was Keith, at the latter's especial request. Morrell, loitering near, saw this band depart for the water front, and followed them far enough to watch them embark, to witness the hoisting of the sloop's sails, and to see the craft heel to the evening breeze and slip away around the point. All things were going well. The committee suspected nothing of the plot to fasten the crime of piracy on it; Keith was out of the way. Morrell turned on his heel and walked rapidly to his rendezvous with Sansome.

Durkee and his sloop beat for some hours against wind and tide; but finally, so strong were both, he was forced to anchor in San Pablo Bay until conditions had somewhat modified. Finally, he was able to get under way again, A number of craft were sailing about, and one by one these were overhauled, commanded to lay to, and boarded in true piratical style. It was fun for everybody. The breeze blew in strongly from the Golden Gate, the waves chopped and danced merrily, the little sloop dipped her rail and flew along at a speed that justified her reputation as a racer, gulls followed curiously. But there were no practical results. Every sailing craft they overhauled proved innocent, and either indignant or sarcastic. The sun dipped, and the short twilight of this latitude was almost immediately succeeded by a brilliant night. Slowly the breeze died, until the little sloop could just crawl along. It grew chilly, and there was no food aboard. A less persistent man than John Durkee would have felt justified in giving it up and heading for home; but John had been instructed to cruise until he captured the arms; and he profanely announced his intention of so doing.

In this he was more faithful to his superiors than the notorious Rube Maloney to his employers. It was to the interest of the Law and Order party that Rube and his precious crew should be promptly and easily captured. They had been instructed to carry boldly and flagrantly, in full daylight, down the middle of the bay. But Terry's permission, to lay in "refreshments" at cost of the conspirators had been liberally interpreted. By six o'clock Rube had just sense enough left to drop anchor off Pueblo Point. There the three jolly mariners proceeded to celebrate; and there they would probably have lain undiscovered had less of a bulldog than Durkee been sent after them.

As it was, midnight had passed before Durkee's keen eyes caught the loom of some object in the black mist close under the point. Quietly he eased off the sheet and bore down on it. As soon as he ascertained definitely that the object was indeed a boat, he ran alongside. The twelve men boarded with a rush: they found themselves in possession of an empty deck. From the hatch came the reek of alcohol and the sound of hearty snoring. The capture was made.

In a half hour the transfer of the muskets and the three prisoners was accomplished. The latter offered no resistance, but seemed cross at being awakened. Leaving the vessel anchored off the point, the little sloop stood away again for San Francisco, reaching the California Street wharf shortly after daylight. Here she was moored, and one of the crew was dispatched to the committee for further instructions and grub. He returned after an hour, but was preceded somewhat by the grub.

"They say to deliver the muskets at headquarters," he reported, "but to turn the prisoners loose."

"Turn them loose!" cried Durkee, astonished.

"That's what they said," repeated the messenger. "And here's written orders," and he displayed a paper signed by the well-known "33, Secretary," and bearing the Vigilante seal of the open eye.

"All right," acquiesced Durkee. "Now, you mangy hounds, you've got just about twenty-eight seconds to make yourselves as scarce as your virtues. Scat!"

Rube and his two companions had several of the twenty-eight seconds to spare; but once they had lost sight of their captors, they moderated their pace. They had been much depressed, but now they cheered up and swaggered. A few drinks restored them to normal, and they were able to put a good face on the report they now made to their employers, all of whom, including Terry, had gathered thus early to receive them. After all, things had gone well: they had been actually captured, which was the essential thing, and it did not seem necessary to go into extraneous details.

"Good!" cried Terry, who had come down from Sacramento personally to superintend the working out of this latest ruse.

He was illegally absent from his court, meddling illegally with matters not in his jurisdiction. "Now we must get a warrant for piracy into the hands of the United States Marshal. Send him alone, with no deputies. When he makes his deposition of resistance, then we shall see!"

The marshal found Durkee still at the wharf, seated on an upturned cask.

"I have this warrant for your arrest!" he proclaimed in a voice purposely loud.

"Yes? Let's see it," rejoined Durkee, lazily reaching out his hand.

He read the document through leisurely. His features betrayed no hint of his thoughts, but nevertheless his brain was very active. He read that he was accused of piracy against the might and majesty of the United States Government; and as his eyes slowly followed the involved and redundant legal phraseology, he reviewed the situation. The nature, of the trap became to him, partly evident. There was no doubt that technically he was a pirate, if these arms--as it seemed--belonged to the Government and not to the State. The punishment of piracy was death. Without appreciation of the fact, the committee had made him liable to the death penalty. And he had no doubt that the Federal Courts of California, as then constituted, would visit that penalty on him. He raised his head and looked about him. Within call were lounging a dozen resolute men belonging to the Committee of Vigilance. He had but to raise his voice to bring them to his assistance. Once inside Fort Gunnybags he knew that the committee would stand behind him to the last man.

But John Durkee had imagination as well as bulldog persistency. His mind flashed ahead into the future, envisaging the remoter consequences. He saw the majesty of the law's forces invoked to back this warrant which the tremendous power of the disciplined Vigilantes would repulse; he saw reinforcements, summoned. What reinforcements? A smile flitted across his lips, and he glanced up at the warship _John Adams_ riding at anchor outside, her guns, their tampons in place, staring blackly at the city. He saw the whole plot.

"That's all right," he told the waiting marshal, folding the warrant and returning it to him. "Put your paper in your pocket. I'll go with you."

By this quietly courageous and intelligent deed John Durkee completely frustrated the fourth and most dangerous effort of the Law and Order party. There was no legal excuse for calling on Federal forces to take one man--who peaceably surrendered!

Undoubtedly, had not matters taken the decided and critical turn soon to be detailed, Durkee would have been immediately brought to trial, and perhaps executed. As it was, even the most rabid of the Law and Order party agreed it was inexpedient to press matters. The case was postponed again and again, and did not come to trial until several months, by which time the Vigilantes had practically finished their work. The law finally saved its face by charging the jury that "if they believed the prisoners took the arms with the intention of appropriating them to their own use and permanently depriving the owner of them, then they were guilty. But if they took them only for the purpose of preventing their being used against themselves and their associates, then they were not guilty." Under which hair-splitting and convenient interpretation the "pirates" went free, and everybody was satisfied!

LXX

After leaving the office where they had made their report to their employers, Rube Maloney and his two friends visited all the saloons. There they found sympathetic and admiring audiences. They reviled the committee collectively and singly; bragged that they would shoot Coleman, Truett, Durkee, and some others at sight; flourished weapons, and otherwise became so publicly and noisily obstreperous that the committee decided they needed a lesson. Accordingly they instructed Sterling Hopkins, with four others, to rearrest the lot and bring them in. Hopkins was a bulldog, pertinacious, rough, a faithful creature.

News of these orders ran ahead of their performance. Rube and his satellites dropped everything and fled to their masters like threatened dogs. Their masters, who included Terry, Bowie, Major Marmaduke Miles, and a few others, happened to be discussing the situation in the office of Richard Ashe, a Texan, and an active member of "the chivalry." The three redoubtables burst in on this gathering, wild-eyed, scared, with, the statement that a thousand stranglers were at their heels.

"Better hide 'em," suggested Bowie.

But hot-headed Terry, seconded by equally hot-headed Ashe, would have none of this.

"By gad, let them try it!" cried the judge. "I've been aching for this chance!"

Therefore when Hopkins, having left his small _posse_ at the foot of the stairs, knocked and entered, he was faced by the muzzles of half a dozen pistols, and profanely told to get out of there. He was no fool, so he obeyed. If Terry had possessed the sense of a rooster, or a single quality of leadership, he would have seen that this was not the moment to precipitate a crisis. The forces of his own party were neither armed nor ready. But here, as in all other important actions of his career, he was governed by the haughty and headstrong passions of the moment--as when later he justified himself in attempting to shoot down an old and unarmed man. Hopkins left his men at the foot of the stairs, borrowed a horse from Dr. Beverly Cole, who was passing, and galloped to headquarters. There he was instructed to return, to keep watch, that reinforcements would follow. He arrived at the building in which Ashe's office was located, in time to see Maloney, Terry, Ashe, McNabb, Bowie, and Rowe all armed with shotguns, just turning the far corner. He dismounted and called on his men to follow. The little _posse_ dogged the judge's party for some distance. For a time no attention was paid to them, but as they pressed closer Terry, Ashe, and Maloney whirled and presented their shotguns. The movement was probably intended only as a threat; but Hopkins, always bold to the point of rashness, made a sudden rush at Maloney. Judge Terry thrust his gun at the Vigilante officer who seized it by the barrel. At the same instant Ashe pressed the muzzle of his weapon against one Bovee's breast, but hesitated to pull the trigger. It was getting to be unhealthy to shoot men in the open street.

"Are you a friend?" he faltered.

"Yes," replied Bovee, and by a rapid motion struck the barrel aside.

Another of the Vigilantes named Barry covered Rowe with a pistol. Rowe's "chivalry" oozed. He dropped his gun and fled toward the armoury. The others struggled for possession of weapons, but nobody fired. Suddenly Terry whipped out a knife and plunged it into Hopkins's neck. Hopkins relaxed his hold on Terry's shotgun and staggered back.

"I am stabbed! Take them, Vigilantes!" he cried.

He sank to the pavement. Terry and his friends dropped everything and ran toward the armoury. Of the Vigilante _posse_ only Bovee and Barry remained, but these two pursued the fleeing Law and Order men to the very portals of the armoury itself. When the door was slammed in their faces, they took up their stand outside, they two holding within several hundred men! At the end of ten minutes a pompous, portly individual came up under full sail, cast a detached and haughty glance at the two quiet men lounging unwarrantedly in his path, and attempted to pass inside.

"You cannot enter here," said Bovee grimly, as they barred his way.

The pompous man turned purple.

"Do you know who I am?" he demanded.

"I don't give a damn who you are," replied Bovee, still quietly.

"I am Major-General Volney E. Howard!"

"You cannot enter here," repeated Bovee, and this time he said it in a tone of voice that sent the major-general scurrying away.

After a short interval another man dashed up very much in a hurry. Mistaking Bovee and Barry for sentinels, he cried as he ran up:

"I am a lieutenant in Calhoun Bennett's company, and I have been sent here to--"

"I am a member of the Committee of Vigilance," interrupted Barry, "and you cannot enter."

"What!" cried the officer, in astonishment. "Have the Vigilance Committee possession of this building?"

"They have," was the reply of the dauntless two.

The lieutenant rolled up his eyes and darted away faster than he had come. A few moments later, doubtless to the vast relief of the "outside garrison" of the armoury within which five or six hundred men were held close by this magnificent bluff, the great Vigilante bell boomed out: _one, two, three_, rest; then _one, two, three_, rest; and repeat.

Immediately the streets were alive with men. Merchants left their customers, clerks their books, mechanics their tools. Dray-men stripped their horses of harness, abandoned their wagons where they stood, and rode away to their cavalry. Clancey Dempster's office was only four blocks from headquarters. At the first stroke of the bell he leaped from his desk, ran down the stairs, and jumped into his buggy. Yet he could drive only three of the four blocks, so dense already was the crowd. He abandoned his rig in the middle of the street and forced his way through afoot. Two days later he recovered his rig. In the building he found the companies, silently, without confusion, falling into line.

"All right!" he called encouragingly. "Keep cool! Take your time about it!"

"Ah, Mr. Dempster," they replied, "we've waited long! This is the clean sweep!"

James Olney was lying in bed with a badly sprained ankle when the alarm bell began to toll. He commandeered one boot from a fellow-boarder with extremely large feet, and hobbled to the street. There he seized by force of arms the passing delivery wagon of a kerosene dealer, climbed to the seat, and lashed the astonished horse to a run. San Francisco streets ran to chuck holes and ruts in those days, and the vehicle lurched and banged with a grand rattle and scatteration of tins and measures. The terrified driver at last mustered courage to protest.

"You are spilling my kerosene!" he wailed.

"Damn your kerosene, sir!" bellowed the general; then relenting: "I will pay you for your kerosene!"

Up to headquarters he sailed full tilt, and how he got through the crowd without committing manslaughter no one tells. There he was greeted by wild cheering, and was at once lifted bodily to the back of a white horse, the conspicuous colour of which made it an excellent rallying point.

Within an incredibly brief space of time they were off for the armoury; the military companies marching like veterans; the artillery rumbling over the rude pavements; the cavalry jogging along to cover the rear. A huge roaring mob accompanied them, followed them, raced up the parallel streets to arrive before the armoury at the same moment as the first files.

The armoury square was found to be deserted except for the intrepid Barry and Bovee, who still marched back and forth before the closed door. No one had entered or left the building.

Inside the armoury the first spirit of bravado and fight-to-the-last-ditch had died to a sullen stubbornness. Nobody had much, to say. Terry was very contrite as well he might be. A judge of the Supreme Court, who had no business being in San Francisco at all, sworn to uphold the law, had stepped out from his jurisdiction to commit as lawless and idiotic a deed of passion as could have been imagined! Whatever chances the Law and Order party might have had, could they have mobilized their forces, were dissipated. Their troops were scattered in small units; their rank and file were heaven knew where; their enemies, fully organized, had been mustered by the alarm bell to full alertness and compactness. And Terry's was the hand that had struck that bell! For the only time in his recorded history David Terry's ungoverned spirit was humbled. Until he found that nothing immediate was going to happen to him, and while under the silent but scathing disapprobation of his companions, he actually talked of resigning! Parenthetically, the fit did not last long, and he soon reared, his haughty crest as high as ever. But now, listening to the roar of the mob outside, peeping at the grim thousands of armed men deploying before the armoury, he regretted his deed.

"This is very unfortunate; very unfortunate!" he said, "But you shall not imperil your lives for me. It is I they want. I will surrender to them."

Instead of the prompt expostulation he expected, a dead silence greeted these words.

"There is nothing else to do," agreed Ashe at last.

An officer was sent to negotiate.

"We will deliver up the armoury if you will agree not to give us over to the mob," he told the committee.

"We hold, and intend to hold, the mob under absolute control. We have nothing in common with mobs," was Coleman's reply.

The doors were then thrown open, and a company of the Vigilante troops marched in. Within ten minutes, the streets were cleared. The six hundred prisoners, surrounded by a solid body of infantry with cavalry on the flanks, were marched to headquarters. The city was jubilant. This, at last, was the clean sweep! Men went about with shining faces, slapping each other on the back. And Coleman, the wise general, realizing that compromises were useless, peace impossible, came to a decision. Shortly from headquarters the entire Vigilante forces moved in four divisions toward the cardinal points of the compass. From them small squads were from time to time detached and sent out to right or left. The main divisions surrounded the remaining four big armouries; the smaller squads combed the city house by house for arms. In the early morning the armouries capitulated. By sun-up every weapon in the city had been taken to Fort Gunnybags.

LXXI

Up to this time Nan Keith had undergone the experience of nine out of ten married women in early California: that is, she had been neglected. Neglect in some form or other was the common lot of the legally attached feminine. How could it logically be otherwise? In the turbulent, varied, restless, intensely interesting, deeply exciting life of the pioneer city only a poor-spirited, bloodless, nerveless man would have thought to settle down to domesticity. A quiet evening at home stands small chance, even in an old-established community, against a dog fight on the corner or a fire in the next block; and here were men fights instead, and a great, splendid, conflagration of desires, appetites, and passions, a grand clash of interests and wills that burned out men's lives in the space of a few years. It was a restless time, full of neglected women. This neglect varied in degree to be sure. Nan was lucky there. No other woman had thrust her way in, no other attraction lured Keith from her, as had happened to so many others. She possessed all his interest. But at present that interest seemed so attenuated, so remote!

After her revulsion of feeing the afternoon the Vigilantes first rose in their might, she withdrew within her pride. Nan was no meek and humble spirit. But the scales had dropped from her eyes as to affairs about her. San Francisco suddenly became something besides a crude collection of buildings. For the first time she saw it as a living entity, strong in the throes of growth. She devoured eagerly all the newspapers, collected avidly all the rumours. Whenever possible, she discussed the state of affairs; but this was difficult, for nearly every one was strongly partisan for one side or another, and incapable of anything but excitement and vituperation. The Sherwoods were a great comfort to her here. While approving of the new movement, they nevertheless refused to become heated, and retained a spirit of humour. Sherwood was not a member of the Committee of Vigilance, but he had subscribed heavily--and openly--to its funds; he had assisted it with his counsels; and it was hinted that, sub-rosa, he had taken part in some of the more obscure but dangerous operations.

"I am an elderly, peace-loving, respectable citizen," he told Nan, "and I stand unequivocably for law and order and for justice, for the orderly doing of things; and against violence, mob spirit, and high-handedness."

"Why, John Sherwood!" cried Nan, up in arms at once. "I'd never have believed you could be on the side of Judge Terry and that stripe."

"Oho!" cried Sherwood, delighted to have drawn her. "Now we have it! But what made you think I was on that side?"

"Why--didn't you just say--"

"Oh," said Sherwood comfortably, "I was using real meanings, not just word tags. In my opinion real law and order, orderly doing of things, _et cetera_, are all on the other side."

"And the men--" cried Nan, aglow.

"The men are of course all noble, self-sacrificing, patriotic, immaculate demigods who--" He broke off, chuckling at Nan's expression. "No, seriously, I think they are doing a fine work, and that they'll go down in history."

"You're an old dear!" cried Nan, impulsively kissing his cheek.

"Take care," he warned, "you're endangering my glasses and making my wife jealous."

Nan drew back, a little ashamed at having shown her feelings; and rather astonished herself at their intensity.

In the course of these conversations the pendulum with her began again to quiver at the descent. Through the calmly philosophical eye of the ex-gambler, John Sherwood, she partly envisaged the significance of what was happening--the struggling forth of real government from the sham. Her own troubles grew small by comparison. She began to feel nearer Keith in spirit than for some time past, to understand him better, even--though this was difficult--to get occasionally a glimpse of his relations toward herself. It was all very inchoate, instinctive, unformed; rather an instinct than a clear view. She became restless; for she had no outlet either for her own excitement or the communicated excitement of the times. It was difficult to wait, and yet wait she must. For what? She did not know!

On the crucial June evening she sat by the lamp trying in vain to concentrate her attention on a book. The sound of the door bell made her jump. She heard Wing Sam's shuffle, and his cheerful greeting which all her training had been unable to eliminate. Wing Sam always met every caller with a smiling "Hello!" A moment later she arose in some surprise as Mrs. Morrell entered the room.

Relations between the women had never been broken off, though the pretence of ordinary cordiality had long since been dropped. When Mrs. Morrell found it expedient to make this call, she spent several hours trying to invent a plausible excuse. She was unable to do so. Finally she gave it up in angry despair.

"As long as it is not too bald, what difference does it make?" she said to herself cynically.

And out of this desperation, and by no means from cleverness, she hit on the cleverest thing possible. Instead of coming to make a friendly call, she pretended to be on an errand of protest.

"It's about your dog," she told Nan, "he's a dear good dog, and a great friend of ours. But cannot you shut him up nights? He's inclined to prowl around under my windows, and just the sound of him there keeps me awake. I know it's foolish; but I am so nervous these days--"

"Why, of course," said Nan with real contrition. "I'd no idea--"