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      <meta name="dtb:uid" content=""/>
      <meta name="dc:Title" content="The Fifth Continuance"/>
      <meta name="Author" content="Chester Crowell"/>
      <meta name="Description"
            content="Mystery, Suspense, History, Gothic, Literature, Books, Arts"/>
   </head>
   <book>
      <frontmatter>
         <doctitle>The Fifth Continuance</doctitle>
      </frontmatter>
      <bodymatter>
         <level1>
            <h1>The Fifth Continuance</h1>
            <level2>
               <h2>Chester Crowell</h2>
               <p>This page formatted 2011 Blackmask Online.</p>
               <p>
         
         
         
         
         
         
         
         
         http://www.blackmask.com<br/>
			               <br/>
		             </p>
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EText from pulpgen.com

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		<p>
			
<!-- **** No template for element: i **** -->Blue Book,
             November, 1919
         
      </p>
               <p>SENATOR ROBERT CULPEPPER LOGWOOD'S aged, smiling negro servant opened
         the heavy door leading to the Senator's private office and bowed low as
         William J. Scott, President of the Mesquite, Gulf &amp; Southern Railway,
         entered. Senator Logwood rose from his leather- upholstered chair and
         bowed with his accustomed dignity. As he did so a last pink ray of
         sunlight from the western window touched his silver-white hair and
         framed his classic countenance in a gentle glow that seemed to express
         his pleasant personality.
      </p>
               <p>“This is indeed a pleasure,” said the Senator. “Have a seat.” Turning
         to the negro, he said: “George, move that ashtray a little nearer.”
      </p>
               <p>“Can I have half an hour?” asked Mr. Scott rather timidly, as was the
         custom of all of Senator Logwood's clients.
      </p>
               <p>Senator Logwood slowly lighted another cigarette, then reached into a
         drawer of his desk and extended a box of cigars. “My friend,” he
         replied, “you can have all night. It is a great pleasure to have you
         with me again. I have just been reading a rare old document which
         refers to the early history of the State of Mesquite, and I have wanted
         some one to enjoy it with.”
      </p>
               <p>Scott looked embarrassed. “Senator,” he said, “you know we all love
         you because of your interest in the early history of Mesquite, but the
         truth of the matter is that I know so little about it that you would
         just be wasting your time on me; and I am full up to the neck with
         trouble.”
      </p>
               <p>“That is an unfortunate shortcoming of yours,” remarked Senator
         Logwood as he flicked some ashes into an ornate brass container at his
         elbow— “always in a hurry. Where do you think you are going? As my
         friend John Ruskin says, —now, I venture to state you never read
         Ruskin, and yet that old gentleman knew more about railroads even back
         in his day than you do now—we are all in a hurry, and we don't know
         where we are going. Don't ever worry; this is a lovely world, and a man
         ought to get a lot of pleasure out of running a railroad.”
      </p>
               <p>Scott laughed heartily. “The hell he ought!” he exclaimed. “I wish
         you had mine.”
      </p>
               <p>“I can see right now,” said the Senator, “that you are in no mood to
         talk about anything but some pesky little trouble that you have had
         with that streak of rust you own. What have you done—run over
         somebody's cow?”
      </p>
               <p>“You didn't miss it far,” said Scott. Senator Logwood prepared to
         listen.
      </p>
               <p>“We have a lot of suits pending in the lower counties,” Scott began,
         “and they are coming up at the next term of the district court, which
         will be held in Carrizo day after to-morrow. These are damage suits;
         some are for personal injuries, and the amounts asked are quite large.
         The smaller suits we have settled as they came up. On the suits we can
         beat, we went to trial. The cases now pending are suits for
         considerable amounts of money, and we have obtained continuances as
         many as three or four times. The biggest case now pending is a suit for
         damages to a cattle shipment, amounting to twenty-five thousand
         dollars, and that one is the first on the docket for
         day-after-to-morrow morning. Now, we want to pay these claims, and we
         will pay them, but you understand how hard it is to finance a young
         enterprise like ours. In short, what we want to do is put these cases
         off just as long as we can, and eventually pay interest to the injured
         parties for the delay. It is hard to go into the market now and get
         money at even a fairly high rate of interest.”
      </p>
               <p>Senator Logwood interrupted: “Then what you want me to do is get
         these cases continued again until the next term of court, which would
         give you six months?”
      </p>
               <p>“Yes,” replied Scott.</p>
               <p>“How many times has this twenty-five- thousand-dollar suit been
         continued?”
      </p>
               <p>“Four times,” Scott replied.</p>
               <p>“That's a good many times,” remarked Senator Logwood with a faint
         smile.
      </p>
               <p>“It sure is,” said Scott. “That's the reason we are coming to you,
         Senator. Our local attorney down there, Mr. Sullivan, has done very
         well for us on these cases, but he is at the end of his rope.”
      </p>
               <p>“And you think I can go down into a section of the country where I am
         not known, and get you a fifth continuance in a suit in which the other
         side is probably presented by very able counsel?”
      </p>
               <p>“I am not handing out any compliments, Senator, when I say that I
         believe you can do just about anything you start out to do,” said
         Scott.
      </p>
               <p>SENATOR LOGWOOD stared blankly at an old-fashioned horse-pistol which
         rested on a velvet cushion under a glass case close to his desk, It was
         a relic of early days in the State of Mesquite. Scott observed the
         Senator's fixed attention, and hoped earnestly that it did not portend
         a long account of some forgotten skirmish and the family history of the
         user of this barbarous-looking implement of warfare.
      </p>
               <p>“That is a very interesting part of the State, which you gentlemen
         are developing,” mused the Senator. “I think it would be a pleasure for
         me to ride over it on your railroad. You know, I went over the country
         as a young man on horseback. I feel a great deal of pride in my
         connection with the gentlemen who are aiding those brave pioneers to
         realize the glorious possibilities of that section of our great State.
         I will go to Carrizo, Mr. Scott, and see what I can do. I cannot
         promise you anything. The trouble with you business men is that you do
         not adequately respect the judiciary, and as a matter of fact, you
         ought not to be coming to me to ask me to throw an obstacle in the way
         of the functioning of our courts; but I can understand the peculiar
         difficulty of your present situation, and I will do what I can for you.
         We will not discuss my fee in this matter, because I know that you will
         be glad to do what is right if I succeed; and if I do not succeed, I
         will not feel that you owe me anything. I am very hopeful that I may
         meet some old friends of mine down that way, and if I do, it will be my
         pleasure to entertain them while I am there. I would like to give them
         an old-fashioned barbecue. I will just ask you to leave with me a check
         for one thousand dollars for my expenses, and that will probably be all
         I shall want.
      </p>
               <p>SCOTT drew out his check-book, and Senator Logwood handed him a pen.
         As he wrote, Senator Logwood continued: “Is Judge Woodward still the
         district judge down there?”
      </p>
               <p>“Yes, replied Scott, blotting the check. “Well, then, I am glad you
         came,” said Senator Logwood, “because I have always wanted to meet the
         Judge. He is a distant relative of an old friend of an old friend of my
         father's and my father mentions him in some letters written before the
         Civil War. I would be glad to show you those letters,” said Senator
         Logwood, and he started to rise.
      </p>
               <p>“Now, listen,” objected Scott: “I have no doubt that those letters
         are very interesting to you, but to tell you the truth, they would bore
         me to death. I wish you wouldn't get them.”
      </p>
               <p>Senator Logwood resumed his seat, “I feel sorry for you, Scott,” he
         said, “you get mighty little out of life, so far as I can see. All you
         have on your mind is that petty trouble about those suits, while I am
         looking forward to a very pleasant visit in your section of the
         country. You ought to read more of the history of the State of Mesquite
         and learn something more than the mere topography of the ground your
         railroad covers.”
      </p>
               <p>“I don't doubt you are right,” said Scott; “and some day I am coming
         up here to the capital and buy you a good dinner and let you tell me
         about the history of Mesquite until we both drop dead.” Scott laughed
         and tossed the end of his cigar into the ash-tray. “Good night,
         Senator!” he said. “I may be on the train with you, or I may go on down
         there ahead of you. Goodnight and good luck!”
      </p>
               <p>“Good night, young man!” said Senator Logwood. “I hope you will not
         be too busy to attend the little barbecue I am planning. I see they
         have some bandit raids down along the border. I hope they do not become
         serious. I don't see how those bandits found their way through the
         border-guard.”
      </p>
               <p>“Neither do I,” said Scott as he opened the door. The aged negro
         servant bowed low and closed the door behind him.
      </p>
               <p>GEORGE was grinning from ear to ear as he laboriously climbed aboard
         one of the dingy and weather-beaten passenger coaches of the Mesquite,
         Gulf &amp; Southern Railway the following day. He had placed the Senator's
         three heavy leather traveling-bags on board and had made the Senator
         comfortable. Now he was climbing aboard with his own baggage, which
         consisted of a sauce for the barbecue in a large glass container
         wrapped in a woolen blanket.
      </p>
               <p>George had two virtues which made his position secure with Senator
         Logwood, regardless of his feebleness. One was that he bowed in
         precisely the way that Senator Logwood liked to have a servant bow when
         a guest entered his office; and the other was that he could mix a
         barbecue-sauce which the Senator declared no man had equaled to his
         knowledge during forty years.
      </p>
               <p>George seated himself and his precious package in the Jim Crow
         compartment. The bell rang; some one shouted, “All aboard,” and with
         several nervous jerks the little train rattled away over the uneven
         roadbed toward the dusty hills in the distance with their scraggy
         growth of stunted bushes and trees.
      </p>
               <p>The train had been on the road two hours when Senator Logwood drew
         from his vest pocket his heavy gold Swiss watch and consulted it as
         though the action were a ceremony, as indeed it was. Eleven o'clock! He
         opened one of his traveling-bags and drew from it a vacuum bottle and
         poured a drink. The conductor standing in the doorway in front of him
         watched the Senator with growing alarm and then walked toward him.
      </p>
               <p>“Don't you know it is against the law to drink on the train,
         Colonel?” he asked.
      </p>
               <p>“I am not a colonel,” objected Senator Logwood as he took his second
         drink. “Logwood is my name—Senator Robert Culpepper Logwood. I live in
         the capital of the State of Mesquite. I am not now a senator, but I did
         have the honor of serving my State as a senator many years ago, and I
         am proud to say that the people who knew me, knew that I served my
         State well, and the title 'Senator' has stuck to me. You probably do
         not know that a member of the State senate is not subject to arrest?”
         The Senator lifted his eyebrows by way of demanding an answer to the
         question and poured another small drink.
      </p>
               <p>“I don't know anything about that,” said the conductor, “but I do
         know that it is against the law to drink on a train.”
      </p>
               <p>“Well, I can inform you quite extensively on that subject, then,”
         continued the Senator. “In the next place, you are trying to enforce a
         law which is retroactive so far as I am concerned. I have been taking a
         drink at eleven o'clock every morning for forty years. In brief, I have
         been following that custom for nearly a quarter of a century before
         this law you are talking about was ever heard of; so you see your law
         is retroactive so far as I am concerned, which makes it
         unconstitutional, contrary to the Bill of Rights, and God only knows
         what would become of you if you were to enforce that law against me.
         You just keep that law to enforce against young folks. How old are
         you?”
      </p>
               <p>“I am fifty-two years old.”</p>
               <p>“Well, then you are old enough,” said Senator Logwood, “to know,
         without having studied law, that my statements are correct.
      </p>
               <p>Now, if you will just step back here, we will have one more little
         drink, and then if you catch any young man on this train drinking
         liquor, by Gad, sir, sir, you and I will throw him off this train!”
      </p>
               <p>“That's what we will do,” said the conductor. “In the meantime, put
         that bottle under your coat while you walk through the car.”
      </p>
               <p>“I see you are a man of understanding,” remarked the Senator.
         “Discretion is always the better part of valor. Are you acquainted with
         Judge Woodward, the district judge of this judicial district of the
         State of Mesquite?
      </p>
               <p>“I am,” replied the conductor.</p>
               <p>“He will get on the train at Brushy Creek, I am informed,” said
         Senator Logwood. “When he gets on, I want you to point him out to me
         without attracting any attention at all. I want to meet the Judge. I
         have some matters pending in his court.”
      </p>
               <p>AT one o'clock that afternoon the train stopped at Brushy Creek and
         one passenger got on. The conductor led him to a seat across the aisle
         from Senator Logwood, calling him by name in a voice that was audible
         the length of the car, and telling him the names of the various
         attorneys who were on the train en route to Carrizo to try cases during
         the session which was to open the following day.
      </p>
               <p>Judge Woodward was a man of enormous bulk, with cheeks burned red by
         the glaring sun of a semitropical climate. His blue eyes were merry,
         and even in repose his countenance suggested that he was thinking about
         something very funny.
      </p>
               <p>He caught hold of the seat in front of him with both of his fat,
         hairy hands and let himself down into his own seat with about the same
         sound that would have been made if a large sack of bran had been
         dropped. He exuded a sigh and placed his feet on the window-sill.
      </p>
               <p>Senator Logwood did not look at him. The Senator was never in a
         hurry. He drew his silver cigarette-case from his coat pocket, lighted
         his cigarette very slowly and fondled the case a few seconds, admiring
         the monogram, before he replaced it.
      </p>
               <p>Judge Woodward watched the operation with interest. He was impressed
         with the neat appearance of Senator Logwood. He looked at the Senator's
         silver hair and then studied his perfect profile. Senator Logwood knew
         exactly what the Judge was doing and gave him plenty of time. Then he
         turned very slowly in his seat and met Judge Woodward's eyes. Instantly
         Senator Logwood's face lighted up with interest. He stepped into the
         aisle and extended his hand.
      </p>
               <p>“Have I the honor to meet Justice Horace Woodward of the
         seventy-third judicial district of the State of Mesquite?” he asked.
      </p>
               <p>“That very same,” said the Judge as he attempted to rise and failed.
         “Sit down.”
      </p>
               <p>“I am Senator Robert Culpepper Logwood,” the Senator stated, “and I
         am delighted to meet you. Some clients of mine asked me to come down to
         your court, and I told them that I didn't think they had a leg to stand
         on in any court, but that I would be glad to spend some of their
         perfectly good money to come down here, because there are some people
         in this part of the State I know, and more than anything else, because
         I wanted to meet you. You are a distant relative of my father's closest
         friend, and he mentions that friend several times in some letters which
         I have preserved.”
      </p>
               <p>“Yes, I have been told,” interrupted Judge Woodward, “that you have
         one of the finest collections of original documents and letters in this
         State.”
      </p>
               <p>“It is pitifully small,” said Senator Logwood. “All our collections
         of historical documents and relics are pitifully small, but I am proud
         to say that I have not been unmindful of the duty of a patriotic
         citizen in this regard. I want you to read these letters.” He drew them
         from his coat pocket and handed them to the Judge. Judge Woodward
         handled the aged brown paper very carefully and read the letters.
      </p>
               <p>Those are very interesting, Senator,” he said. “I remember my father
         mentioning both the writer of the letter and the man referred to.”
      </p>
               <p>“You are a younger man than I expected to meet,” said Senator
         Logwood.
      </p>
               <p>JUDGE WOODWARD was so pleased that he could not help showing it.
         “To-morrow will be my sixtieth birthday, Senator,” he said.
      </p>
               <p>“Well, now, who would believe it!” exclaimed Senator Logwood. “I knew
         you ought to be a man of about fifty. I had not the remotest idea that
         to-morrow was your birthday, and I hope you will not say anything about
         it to these other gentlemen, because I have a little treat in store,
         and we will just consider the matter of it being a celebration of your
         birthday as private between us two. My old servant George has got a
         bottle of barbecue-sauce up there in the other car, and as I said to
         you before, I am not coming down here with any expectation of winning a
         lawsuit; the fact of the matter is, when you see my performance in
         court to-morrow morning, you will realize that I have about the poorest
         case that a good lawyer ever traveled two days to try. We are going to
         have a barbecue. I didn't know what the occasion of it would be when I
         started, but now we know what this barbecue is going to be about. It
         used to be no uncommon thing in this State, Judge, to have a barbecue
         when district court met. No political campaign was ever considered a
         complete success without a dozen barbecues, but the good old times are
         about gone, and I reckon George is the only one left in the great State
         of Mesquite who knows how to mix a barbecue-sauce. Judge, do you reckon
         we will have any trouble getting a yearling or some sheep down there?”
      </p>
               <p>“I don't think we will have a bit of trouble,” replied the Judge.
         “And so far as that barbecue- sauce is concerned, you set entirely too
         much store by that—because, to tell you the truth, there never was any
         burr-headed darky could mix a barbecue-sauce as good as I can mix it
         myself.”
      </p>
               <p>“I am delighted to hear that,” said Senator Logwood, “because it
         would be a great pity to have such a noble art die with our
         generation.”
      </p>
               <p>Judge Woodward slapped his fat knees with his fat hands and roared
         with laughter.
      </p>
               <p>“I am serious about that,” said the Senator.</p>
               <p>“I know you are,” replied Judge Woodward, “and that is what makes it
         so funny. I have heard about you, Senator Logwood, but nobody ever
         could describe you one half as fine as you are. I can see right now
         that the rest of this trip is going to be a pleasure to me. If you will
         excuse me a few minutes, I will go back in the other car and pick up
         one or two choice spirits with whom I have years of acquaintance
         anteceding my judicial capacity and we will go up into the baggage-car
         and play a little poker.”
      </p>
               <p>TEN minutes later the game was under way.</p>
               <p>“Senator, you recall the Hogg-Clark campaign, do you not?” asked the
         Judge while he shuffled the cards.
      </p>
               <p>“I most certainly do,” replied Senator Logwood. “The primary was in
         the summer, and I was making speeches while the snow was still on the
         ground. That was a terrible campaign.”
      </p>
               <p>“Which side were you on, Senator?”</p>
               <p>“I was a Hogg man,” replied Senator Logwood. “However, I never
         entered into the animosities of that campaign as bitterly as many of
         the young men of that day did. They were both fine men, Judge. Nearly
         everybody knows it now, but I knew it then. To tell you the plain
         truth, Judge, it was a toss-up with me which side I would be on.”
      </p>
               <p>Judge Woodward clapped his hands and laughed heartily.</p>
               <p>“I wanted to get into politics,” continued Senator Logwood. “I heard
         Judge Clark speak, and a short time later I heard Hogg speak. I counted
         the ponies tied to the railing around the courthouse each time, and
         there were three times as many ponies tied to that railing when Hogg
         spoke as there were when Clark spoke; so I decided to support Hogg.”
      </p>
               <p>“Senator, if you ain't just a plumb delight!” declared Judge Woodward
         as he pounded the table and laughed again.
      </p>
               <p>The first hand was being played when William J. Scott came into the
         baggage-car. “Gentlemen,” he said, “there is a small party of bandits
         raiding through this section of the country to-day. It is just barely
         possible that they might stop this train. Are you gentlemen armed?”
      </p>
               <p>“That is a very embarrassing question,” declared Senator Logwood.
         “You have no right to force members of the bar of this State to testify
         against themselves in the very presence of the court. Moreover, as I
         stated to you a few days ago in my office, you are a born kill-joy;
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            Gloom is your middle name. We will all appreciate it very much if
         you will get out of this car. Speaking
<!-- **** No template for element: i **** --> amicus curiae, I will
         state that your presence in this game will be distasteful to the judge
         before whom you have litigation pending, and we will thank you for your
         absence.”
      </p>
               <p>HALF an hour later Scott again invaded the baggage-car. “The bandits
         are headed toward Carrizo,” he said. “I do not think they would attempt
         to attack us near so large a town, but they are going through that
         county. They may cross in front of this train. Would you gentlemen mind
         bringing your suit-cases up here with you?”
      </p>
               <p>“Certainly not,” replied Senator Logwood. “Go back and tell my
         servant George to get the suit-cases and bags. You point them out to
         him and have him bring them up here. Tell him to be very careful with
         that bag of mine sitting next to the window, because I have a
         vacuum-bottle in that bag.”
      </p>
               <p>“Well, we will just fine you one vacuum bottle for contempt of
         court,” said Judge Woodward, “for not having sent for that bag long
         before this.”
      </p>
               <p>“That will be entirely agreeable to me,” said Senator Logwood. “I am
         an old-fashioned man, and I never lay myself liable to a charge of
         improper conduct with the court; but in a case of emergency like this,
         I feel that the court has a right to confiscate any goods which a
         member or the bar may possess, and which might be necessary to the
         health of the court's kidneys. The defendant pleads guilty and thanks
         the Court for the Court's mercy.”
      </p>
               <p>“Hurry up with that bag,” roared Judge Woodward as Scott disappeared.</p>
               <p>A few minutes later George came in with the precious bag and opened
         it in front of the Judge. “I always take my drink at eleven o'clock,”
         said Senator Logwood, “and I do not take another until five-thirty in
         the afternoon. If you gentlemen will excuse me a moment, I will send a
         telegram.”
      </p>
               <p>Senator Logwood hurried back to the rear coach, where he found Scott.
         “Please take a telegram for me,” he said.
      </p>
               <p>Scott drew a notebook from his pocket. “This is to Mack Mason at San
         Jacinto,” said Senator Logwood. “Tell him to start instantly by auto
         toward Carrizo and to drive without interruption for food or sleep
         until nine-thirty o'clock to-morrow morning. Tell him to call me by
         long-distance then. Send this at the next stop without fail. Leave the
         train and remain with the operator until the message is sent. This is
         important. I had not the remotest idea that I could do anything for
         you, but we are going to continue all these cases.”
      </p>
               <p>“For heaven's sake!” exclaimed Scott. “You haven't bribed the Judge
         have you, or got him drunk?”
      </p>
               <p>Senator Logwood recoiled as though from a blow. “Young man,” he said,
         “I will attribute your remarks to the stress of emotion and to
      </p>
               <p>your surprise, but you have wounded me to the heart. I never bribed a
         man in all my life, nor have I ever used any improper means or
         influence with any public official or any other citizen. I am shocked
         and grieved that you should think for one moment that I would be guilty
         of such an outrage against the honor of the State I love. We will drop
         this subject now, and I will try to forgive you at some later date. At
         present I cannot.”
      </p>
               <p>“Senator—” began Scott, but his voice choked and there were tears in
         his eyes. He tried to control himself and beg the Senator's pardon, but
         he could not speak. Senator Logwood stood looking at him with an
         expression of amazement and contempt. Finally Scott said: “I'll send
         the telegram.”
      </p>
               <p>“Very well,” replied Senator Logwood.</p>
               <p>Mack Mason had just returned to San Jacinto when he received the
         telegram. He had been on a scouting-trip for Senator Logwood, learning
         intimate details about members of the legislature in order to keep
         Senator Logwood advised of the complexion of that body so that he could
         take care of the interests of his clients at the coming session.
      </p>
               <p>Senator Logwood was a professional lobbyist, but very few persons
         knew it, least of all, the members of the legislature, though all of
         them knew that Mack Mason was a lobbyist, and most of them attributed
         to him the uncanny success of Senator Logwood.
      </p>
               <p>Mason read the telegram and laughed heartily. “Now, what kind of
         devilment do you reckon that white-haired old darling is up to away
         down there among the coyotes?” he asked himself. Ten minutes later his
         big car was roaring down the road with muffler wide open, breaking
         every speed-law of the State. He did not waste time to send a telegram
         to Senator Logwood. Between themselves they never wasted words. Logwood
         had never given him an order he had not carried out.
      </p>
               <p>THE little hotels of Carrizo were crowded shortly after the Mesquite,
         Gulf &amp; Southern passenger train arrived that evening. Attorneys and
         their clients come from far and near. The sleepy little town was
         humming with activity. Dingy little restaurants were crowded. Every
         billiards and pool-table was in use, and a dance was in progress on the
         wide veranda of the most pretentious hotel in the city. Gaping crowds
         of ten to twenty men pointed out Judge Woodward as he waddled along the
         sidewalk, greeting his constituents with hearty guffaw, slapping them
         on the back and roaring with laughter at every jest.
      </p>
               <p>Senator Logwood left the crowd early and opened negotiations for the
         digging of a barbecue-pit and purchase of a yearling and the delivery
         of four-foot lengths of firewood. It would be necessary to begin that
         night in order to have the barbecue ready for the following evening.
         During the course of the evening, rumors floated in about the bandits
         and the route they were taking across the county. There was almost a
         thrill at eleven o'clock that night when word came that the bandits had
         torn two rails from the track of the Mesquite, Gulf &amp; Southern Railway
         not long after the passenger train had gone by. If the train had been
         as late as it usually was, there might have been an encounter after
         all, but for some unexplainable reason the train had been on time that
         evening. The word also came that several deputy sheriffs and some
         citizens were hot on the trail of the bandits and might meet them by
         dawn. A deputy sheriff was holding a telephone-wire open to the border
         guard. Two hundred soldiers were on the
<!-- **** No template for element: i **** --> qui vive, and it was
         even reported that a company of three State rangers had been sent for,
         though many doubted that the situation was that serious.
      </p>
               <p>AT nine-thirty o'clock Senator Logwood went to the office of the
         telephone- company and informed the manager that he was expecting a
         call. One minute later he was talking to Mack Mason.
      </p>
               <p>“Where do we go from here, Senator?” asked Mason.</p>
               <p>“Where are you?” asked Senator Logwood.</p>
               <p>“I'm in the same county you are in,” replied Mason. “I sure burned a
         lot of gasoline. I don't know where I am at, but it is some little
         prairie- dog hole in this county. I mean the same county you are in. I
         could have made it into Carrizo, but I thought maybe you didn't want me
         to come in.”
      </p>
               <p>“You are getting more sense all the time,” said Senator Logwood. “I
         didn't want you to come in. Have you heard anything about the bandits?”
      </p>
               <p>“I haven't heard anything else,” replied Mason. “I seem to be right
         behind those bandits or just ahead of them, I don't know which. We must
         have been playing tag with each other all night.”
      </p>
               <p>“What have you heard as to an encounter with a posse?”</p>
               <p>“Well, they had the encounter, all right,” said Mason, laughing.
         “There were about six men in the posse, and they attacked the bandits
         at dawn this morning. They don't know how many there were, but it was
         too many; they exchanged a few shots, and then they had to run. A
         deputy sheriff named Simms was shot through the calf of the leg and
         dropped behind, and the bandits got him. When last seen he was toting a
         bundle of cartridges on his back with his hands tied behind him, and a
         bandit was whipping him along with his riding-quirt. The posse is
         gathering help to attack again, and the Mexicans are making toward the
         border.”
      </p>
               <p>“That's fine,” said Senator Logwood. “Now, you drive up to within a
         mile of Carrizo and then get a horse. No news of this has come in yet.
         Those fellows are evidently excited, and they haven't telephoned. Ride
         your horse right up to the courthouse, rush into the courtroom and yell
         the news. Do you understand?”
      </p>
               <p>“You must want a continuance.” said Mack Mason. “What's the matter—
         didn't you have time to work up your evidence?”
      </p>
               <p>“That will be enough out of you, young man,” said Senator Logwood.
         “Hurry, because a telephone-message from that posse may spoil
         everything.”
      </p>
               <p>“I am on my way,” said Mack Mason, and he hung up the receiver.</p>
               <p>BEFORE ten o'clock the courtroom was crowded. Most of those inside
         were attorneys, litigants and witnesses. Spectators lounged about the
         doors and windows, or stood in groups in the courthouse yard,
         exchanging gossip.
      </p>
               <p>The crowds respectfully parted to make a way for Judge Woodward as he
         strode pompously and this time solemnly toward his bench. The big
         chair, with its high, carved back, creaked painfully as he sat down.
      </p>
               <p>Senator Logwood respectfully pinched the light off the end of his
         cigarette and tossed it into the cuspidor as the Judge sat down.
      </p>
               <p>“Mr. Sheriff,” said Judge Woodward, “have order in the courtroom.”
         The courtroom was already impressively quiet, but the deputy sheriff
         shouted with a tremendous voice: “Have order in the courtroom.” Then he
         strode to the window and shouted the accustomed announcement that the
         court was in session, all of which ceremony was regarded with solemn
         awe by the crowd.
      </p>
               <p>Judge Woodward nodded to the clerk of the court, and the clerk read:
         “No. 4682, Simon Greenwood vs. the Mesquite, Gulf &amp; Southern Railway
         Company.”
      </p>
               <p>A wizened little man who crouched behind heavy spectacles said in a
         high, piping voice: “The plaintiff is ready, Your Honor.” Then he
         looked toward Senator Logwood, as did the Judge.
      </p>
               <p>Senator Logwood rose very slowly from his chair. “If the Court
         please,” he began, “the defendant in this case will ask a continuance.
         It is with extreme reluctance that we again ask the indulgence of the
         Court, and we realize that this case has already—”
      </p>
               <p>There was a commotion and some exclamations from the crowd outside
         the door. “Mr. Sheriff, have order!” commanded Judge Woodward
         impatiently.
      </p>
               <p>The sheriff strutted to the window and shouted: “Have order out
         there!”
      </p>
               <p>As he turned from the window, Mack Mason came stumbling through the
         doorway, his face caked with dust and perspiration, one leg of his
         trousers ripped to the knee and flopping about. He wore no hat and his
         eyes were bloodshot. Mason was naturally clumsy, and he gave the
         impression at once of a man reeling with fatigue.
      </p>
               <p>“Men,” he shouted “I have just come in with news from the posse. They
         met the bandits; Deputy Sheriff Simms was wounded and captured.”
      </p>
               <p>“Get out of here and report to the sheriff's office!” shouted Judge
         Woodward. “You are interrupting the Court.”
      </p>
               <p>“Do I understand this court to say,” demanded Senator Logwood, “that
         this court is not interested in the fact that bandits are raiding this
         county and that a gallant peace officer who has bared his breast to the
         bullets of marauders threatening the peaceful homes of American
         citizens and their wives and children is not to be given protection? I
         have never in my life been guilty of contempt of a court, but by Gad,
         sir, I call upon this jury and your deputy sheriff and upon every good
         citizen of the State of Mesquite, within the hearing of my voice go to
         the rescue of that brave man. When we have done all that is humanly
         possible for him and those who are with him, it will be time enough to
         try these cases;— time enough for me to place my person and my
         property at the disposal of this court, offering no defense for the
         contempt I am now committing.”
      </p>
               <p>Senator Logwood turned to the crowd. “Why do you stand there like
         cowards?” he shouted, his face livid and his arms extended. “You, sir,”
         he said to Mason, “whoever you are, lead the way!” To the crowd he
         shouted: “Bring me a horse!”
      </p>
               <p>THERE was a roar of approval. Mack Mason went stumbling out of the
         door again, followed by Senator Logwood. The deputy sheriff pressed a
         pistol into Senator Logwood's hands as they were crowded together in
         the narrow doorway. Mason was the first one on his horse. Senator
         Logwood was second; but by the time they had crossed the courthouse
         yard, fifty men on horseback were following. When they turned a corner
         of the courthouse square, Senator Logwood looked back anxiously. Judge
         Woodward had just mounted a horse which was struggling to gallop. The
         Senator smiled, then pulled off his hat and gave his horse a resounding
         smack on the flank. He shrieked a “Rebel yell” that was echoed from
         every direction for a quarter of a mile and finally drowned by the
         clatter of horses' hoofs. A cloud of dust, which was increasing in
         size, showed that the crowd was gathering very rapidly. Senator Logwood
         spurred his horse hard and managed to catch up with Mack Mason.
      </p>
               <p>“Not so fast, you fool!” he yelled.</p>
               <p>“All right, Senator,” replied Mack Mason with a chuckle. “How did you
         like me little performance?”
      </p>
               <p>“Very good, very good,” replied Senator Logwood. “But that work on
         the trousers was a little crude.”
      </p>
               <p>“I thought so too,” said Mason, “but I couldn't sew them up with the
         pocket knife I cut them with; so I had to let it go.”
      </p>
               <p>“A good rider,” said Senator Logwood, “wouldn't tear his trousers
         like that. It is never done in this country.”
      </p>
               <p>“On the whole, though, wasn't it a pretty classy performance?” asked
         Mason.
      </p>
               <p>“It was fair,” said Senator Logwood. “It was tolerably fair.”</p>
               <p>A CLOUD of dust swept between Mason and Senator Logwood, preceding a
         squad of twelve men who passed them with a yell. Senator Logwood rode
         closer to Mason. “Are you leading us toward the bandits?” he asked.
      </p>
               <p>“Senator,” replied Mason, “I haven't the remotest idea where them
         bandits are.”
      </p>
               <p>“I thought not,” said the Senator. “I am going to drop behind; I am
         too old for this sort of foolishness. You ride on as hard as you can.”
      </p>
               <p>Senator Logwood slowed his horse, and presently the entire crowd had
         passed him. He slowed to a walk. Then he heard hoof-beats to the rear
         and looked back. Judge Woodward hailed him from a small cloud of dust.
      </p>
               <p>“You have damn' near killed me, Senator,” said the Judge. “Let's go
         on back and see how that barbecue is coming.”
      </p>
               <p>“I will do that with pleasure,” said Senator Logwood. “But let me
         first apologize to you as a man, and I will apologize to you later in
         court. I was excited, Judge.”
      </p>
               <p>“Forget it, forget it, forget it!” said Woodward impatiently. “Let's
         first ride over to the little creek near here and wash our faces and
         get this mud out of our necks. I am nearly choked.”
      </p>
               <p>There were no fences along the roadside, and so they turned their
         horses into the brush.
      </p>
               <p>The water of the creek was just in sight when a fusillade was fired
         from somewhere beyond the creek. Bullets whistled around them. Senator
         Logwood's horse stopped suddenly, trembling.
      </p>
               <p>“My horse is shot, Judge,” said the Senator.</p>
               <p>“Now, ain't that hell?” said Judge Woodward. “Right here is where the
         two best lawyers in this whole State get killed by a passel of
         bandits.”
      </p>
               <p>Senator Logwood dismounted and helped the Judge off his horse.
         Several more bullets whistled near. Senator Logwood's horse fell to the
         ground, while Judge Woodward's horse started off toward the road as
         fast as it could run.
      </p>
               <p>Judge Woodward and Senator Logwood dropped behind the body of the
         quivering horse on the ground and held their pistols ready for action.
         Bullets began to hit the ground near them. “Let's just lie low, Judge,”
         said Senator Logwood very calmly. “The boys will hear those shots and
         come back. Sound carries well on a day like this, and the wind is in
         our faces.”
      </p>
               <p>“I WISH we had that bottle, Senator,” remarked Judge Woodward. “I
         never needed a drink worse in my life. If those fools keep up that
         shooting, they can't miss me many more times because I am a large part
         of the scenery wherever I am.”
      </p>
               <p>“I can't see them,” said Senator Logwood, “but I believe they are
         within range of our pistols.”
      </p>
               <p>“I haven't looked,” said Judge Woodward. “Hang me if I ever expected
         to die as thirsty as I am this minute.”
      </p>
               <p>Senator Logwood peered cautiously over the horse and strained his
         eyes in the glare of the morning sun. Suddenly there was a sound of
         firing far behind the little creek, followed by a burst of fire from a
         point near the creek.
      </p>
               <p>“Our boys have wheeled and taken them in the rear, Judge,” said
         Senator Logwood.
      </p>
               <p>“Then they will be passing this way,” remarked Judge Woodward. “We
         are in for it now.”
      </p>
               <p>“I think so.” agreed Senator Logwood. “Are you a good shot?”</p>
               <p>“The worst in the world,” said the Judge.</p>
               <p>“Then let me have your gun,” suggested Senator Logwood. Judge
         Woodward immediately complied.
      </p>
               <p>The firing grew hotter, and Senator Logwood with a pistol in each
         hand stood up. “I see them now, Judge,” he said.
      </p>
               <p>“Yes, and they are going to see you,” thundered Judge Woodward.</p>
               <p>“Not a chance, Judge,” said the Senator. “You are a good enough
         poker-player to know that those fellows cannot see anything but what is
         behind them right now. They are scared.”
      </p>
               <p>Judge Woodward peered over the side of the horse. “Good Lord!” he
         exclaimed. “They are coming right this way.”
      </p>
               <p>“Yes,” said Senator Logwood. “I could get one now, but I am afraid to
         draw their fire. Our boys are dropping them.”
      </p>
               <p>Bullets began to whistle overhead again. “Have they seen us?” asked
         the Judge.
      </p>
               <p>“No,” said Senator Logwood. “Some of our boys are shooting a little
         wild.”
      </p>
               <p>“You had better lie down, then,”' said Judge Woodward.</p>
               <p>“I'm going to open fire in about ten seconds,” replied Senator
         Logwood.
      </p>
               <p>“All right go ahead,” said Judge Woodward. “I have said my little
         'lay-me-down-to-sleep' and kissed myself good night.” He laughed.
      </p>
               <p>“Simms is in sight,” said Senator Logwood. “He is wounded, but he is
         getting away from them, Judge. A scared man is certainly a powerful
         animal when he sees a chance to get away. I am watching two Mexicans.
         They are going to see Simms in a minute. When they do, they will shoot
         at him, and I am going to shoot first.”
      </p>
               <p>A second later Senator Logwood fired. He aimed very carefully, waited
         for the smoke to clear, then fired again.
      </p>
               <p>“I got both of them,” he said. “Simms didn't know who fired, so he
         dropped. Judge, you stay here, and I'll make toward Simms. He is not
         armed.”
      </p>
               <p>“I would a sight rather you wouldn't,” answered Judge Woodward. “But
         go ahead.”
      </p>
               <p>Senator Logwood walked boldly forward through the brush. He had gone
         only a short distance when he drew fire. One bullet scratched his arm
         and another burned his shoulder. “Lucky that wasn't the right arm,” he
         muttered as he dropped to his knees and began crawling toward Simms.
      </p>
               <p>The posse of citizens was gaining rapidly on the bandits, who did not
         know which way to go, when Senator Logwood's unexpected fire broke out
         in front of them. Finally, in confusion, they turned directly toward
         the town with the posse sweeping around them. One minute later the
         posse came upon Senator Logwood sitting on the ground, beside Simms,
         his pistol in his hand, holding one remaining cartridge for emergency.
         The fight lasted only a few more minutes. The score at the close was
         eight bandits killed, three captures and six of the posse wounded. The
         remainder of the bandits escaped.
      </p>
               <p>Judge Woodward acted as toastmaster at the barbecue that night, and
         recounted with embellishments the conversation between himself and
         Senator Logwood while they were entrenched behind the dead horse.
      </p>
               <p>When the Judge concluded his recital, there were calls for a speech
         from Senator Logwood.
      </p>
               <p>“Gentlemen,” said the Senator “I am the host for this occasion, and
         it would be very unseemly for me to appear to accept all the praise
         that has been heaped upon me by the Judge. I am a very tired man
         to-night; I am too old for such a strenuous day, and I wish merely to
         say before I go to bed, that Mr. William J. Scott, who is my client,
         has assured me that he will make ample provision for Mr. Simms who is
         the real hero of this somewhat turbulent day, and now I bid you all
         good night.”
      </p>
               <p>When court convened the following morning at ten o'clock, Judge
         Woodward again nodded to the clerk, and he again read: “No. 4682, Simon
         Greenwood vs. Mesquite, Gulf &amp; Southern Railway Company.”
      </p>
               <p>The wizened little man behind the spectacles rose from his seal and
         said:
      </p>
               <p>“If it pleases the Court, we will ask a continuance. The Court will
         understand that the
      </p>
               <p>very unusual occurrence of yesterday may have profoundly affected the
         minds of the jurors. The Court is cognizant of the fact that counsel
         for the defense in this case has achieved a popularity in this county
         since yesterday, which would make it extremely hazardous for the
         plaintiff to attempt to go to trial, especially before a jury of his
         comrade-in-arms.”
      </p>
               <p>Judge Woodward cleared his throat noisily and said: “It is the
         opinion of the Court that none of these cases in which Senator Logwood
         is counsel should be tried at this term of the court. This court will
         be willing to entertain motions for change of venue in any of these
         cases if the plaintiffs desire to present them.”
      </p>
               <p>Senator Logwood rose very slowly and said in a low tone: “The
         defendant will offer no objection either to continuance or change of
         venue, and we will assure the Court and counsel in these cases that we
         will make our most earnest endeavor to be ready for trial at the next
         term of court.”
      </p>
               <p>Senator Logwood turned to leave the courtroom. A ripple of applause
         was heard. “Have order in the courtroom!” shouted Judge Woodward
         ferociously, and the deputy sheriff echoed the cry even more
         ferociously.
      </p>
            </level2>
         </level1>
      </bodymatter>
   </book>
</dtbook>