d it stated that this English gentleman had charged one of
their number with being in company with the Indians who killed his
wife, at the time of the tragedy, a few days before.

He of the big, brown hat then assumed the role of spokesman, and said:

"I understand that he indicated me, by description; and if that man
says I was with the Indians who killed his wife, I will kill him. Let
him say it, and I will shoot him down like a dog, that he is. I am
here to demand of him if he said it."

Another of the three said, in a tone of conciliation:

"We are honest men. We came out here from Stockton, California, where
we live, to meet the emigrants as they come over from the States. We
buy their weak and disabled stock, such as cannot finish the trip to
the Coast; take the animals onto range that we know of, and in the
fall, when they are recuperated, we drive them in for the California
market."

The man under the large hat resumed:

"My name is James Tooly. My partners here, are two brothers, named
Hawes. And now, if that Englishman, or any one among you, says I was
with the Indians who killed his wife, I will shoot him who says it,
right here before you all."

This was said with much vehemence, and punctuated with many oaths.

[Illustration: Van Diveer's advantage was slight, but sufficient]

Mr. Drennan, of our combined company, replied:

"If you want to talk like that, go where the man is. We don't want
that kind of language used here, in the presence of our women and
children."

Tooly, standing erect, high in his stirrups, drew a large pistol from
its holster and swung it above his head.

"I will say what I please, where I please; and I don't care who likes
it," roared Tooly, waving his pistol in air.

W. J. Van Diveer, a young man of the Drennan company, who had been
sitting on a wagon-tongue near the speaker, leaped to his feet, with a
pistol leveled at the big horseman's head, and with a manner that left
no doubt that he meant what he said, shouted:

"I'll be damned if you can do that here. Now, you put down your gun,
and go."

The muzzle of Van Diveer's pistol was within an arm's-length of Tooly,
aiming steadily at his head. Tooly was yet with pistol in hand but not
quite in position for use of it on his adversary. Van Diveer's
advantage was slight, but sufficient for the occasion. Tooly's
companions did not act, appearing to await his orders, and, in the
suddenness of this phase of the scene, Too