settle disputes, as formerly, by single combat. Time was when the right of fisticuff was the privilege of all; revolver and bowie-knife the common law of the land, to which he who would might virtuously appeal; but since justice was made incarnate at Badger hill, the miners had tacitly agreed that thenceforth muscle and steel should be subordinated to mind. They could trust the alcalde fully ; for he was a man after their own heart, who had "fit his fought" as often and as successfully as the best of them.
It was a cold rainy night, but in and round the sleeping-room of the Cherokee house were over two hundred miners assembled; men with long beard and tangled hair, patched pants, rimless hats, and toeless boots, for they scented fun if not blood. The plaintiff submitted his evidence; the defendant had little to say.
" Proved clar enough," decided the judge. " Shortey must have his money and this yer court her fees, and if yer won't fork over calm-like," turning to Green, " I'll send them inter yer camp what '11 take it.
" May it please your honor," exclaimed Shortey, "It ain't his dust I want; only let me whale him and I'll forgive the debt and pay the costs besides."
Thereupon Shortey "sailed in under kiver of the law," as the alcalde classically expresses it in his minutes. Green squared himself, trusting his bold front might be preserved to him by the sanctity of the place. The bystanders rushed in to prevent what the future historian of Badger hill might call a disgraceful scene. Meanwhile the judge jerked from his head the bandana, and springing from his bunk stood in short white robes between the crowd and the contestants.
"Gentlemen, stand back!" he cried. "Ef the parties to this yer action wish to effect a compromise, let 'em do it."
Green was then so soundly pummelled by the ac
