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.
Public-domain text, read in full here on John Shaqi.
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