The judge of the United States court of the district
lying along the Rio Grande border found the following
letter one morning in his mail:
JUDGE:
When you sent me up for four years you made a talk.
Among other hard things, you called me a rattlesnake.
Maybe I am one -- anyhow, you hear me rattling now.
One year after I got to the pen, my daughter died of --
well, they said it was poverty and the disgrace together.
You've got a daughter, Judge, and I'm going to make
you know how it feels to lose one. And I'm going to
bite that district attorney that spoke against me. I'm
free now, and I guess I've turned to rattlesnake all right.
I feel like one. I don't say much, but this is my rattle.
Look out when I strike.
Yours respectfully,
RATTLESNAKE.
Judge Derwent threw the letter carelessly aside. It
was nothing new to receive such epistles from desperate
men whom he had been called upon to judge. He felt
no alarm. Later on he showed the letter to Littlefield,
the young district attorney, for Littlefield's name was
included in the threat, and the judge was punctilious in
matters between himself and his fellow men.
Littlefield honoured the rattle of the writer, as far as
it concerned himself, with a smile of contempt; but he
frowned a little over the reference to the Judge's daughter,
for he and Nancy Derwent were to be married in the
fall.
Littlefield went to the clerk of the court and looked
over the records with him. They decided that the letter
might have been sent by Mexico Sam, a half-breed border
desperado who had been imprisoned for manslaughter
four years before. Then official duties crowded the mat-
ter from his mind, and the rattle of the revengeful serpent
was forgotten.
Court was in session at Brownsville. Most of the cases
to be tried were charges of smuggling, counterfeiting,
post-office robberies, and violations of Federal laws along
the border. One case was that of a young Mexican,
Rafael Ortiz, who had been rounded up by a clever
deputy marshal in the act of passing a counterfeit silver
dollar. He had been suspected of many such deviations
from rectitude, but this was the first time that anything
provable had been fixed upon him. Ortiz languished
cozily in jail, smoking brown cigarettes and waiting for
trial. Kilpatrick, the deputy, brought the counterfeit
dollar and handed it to the district attorney in his office
in the court-house. The deputy and a reputable druggist
were prepared to swear that Ortiz paid for a bottle of
medicine with it. The coin was a poor counterfeit, soft,
dull-looking, and made principally of lead. It was the
day before the morning on which the docket would reach
the case of Ortiz, and the district attorney was preparing
himself for trial.
"Not much need of having in high-priced experts to
prove the coin's queer, is there, Kil?" smiled Littlefield,
as he thumped the dollar down upon the table, where it
fell with no more ring than would have come from a lump
of putty.
"I guess the Greaser's as good as behind the bars,"
said the deputy, easing up his holsters. "You've got
him dead. If it had been just one time, these Mexicans
can't tell good money from bad; but this little yaller
rascal belongs to a gang of counterfeiters, I know. This
is the first time I've been able to catch him doing the trick.
He's got a girl down there in them Mexican jacals on
the river bank. I seen her one day when I was watching
him. She's as pretty as a red heifer in a flower bed."
Littlefield shoved the counterfeit dollar into his pocket,
and slipped his memoranda of the case into an envelope.
Just then a bright, winsome face, as frank and jolly as
a boy's, appeared in the doorway, and in walked Nancy
Derwent.
"Oh, Bob, didn't court adjourn at twelve to-day until
to-morrow?" she asked of Littlefield.
"It did," said the district attorney, "and I'm very glad
of it. I've got a lot of rulings to look up, and -- "
"Now, that's just like you. I wonder you and father
don't turn to law books or rulings or something! I
want you to take me out plover-shooting this afternoon.
Long Prairie is just alive with them. Don't say no,
please! I want to try my new twelve-bore hammerless.
I've sent to the livery stable to engage Fly and Bess for
the buckboard; they stand fire so nicely. I was sure you
would go."
They were to be married in the fall. The glamour was
at its height. The plovers won the day -- or, rather, the
afternoon -- over the calf-bound authorities. Littlefield
began to put his papers away.
There was a knock at the door. Kilpatrick answered
it. A beautiful, dark-eyed girl with a skin tinged with
the faintest lemon colour walked into the room. A black
shawl was thrown over her head and wound once around
her neck.
She began to talk in Spanish, a voluble, mournful
stream of melancholy music. Littlefield did not under-
stand Spanish. The deputy did, and he translated her
talk by portions, at intervals holding up his hand to check
the flow of her words.
"She came to see you, Mr. Littlefield. Her name's
Joya Treviņas. She wants to see you about -- well,
she's mixed up with that Rafael Ortiz. She's his -- she's
his girl. She says he's innocent. She says she made
the money and got him to pass it. Don't you believe
her, Mr. Little-field. That's the way with these Mexi-
can girls; they'll lie, steal, or kill for a fellow when they
get stuck on him. Never trust a woman that's in love!"
Nancy Derwent's indignant exclamation caused the
deputy to flounder for a moment in attempting to explain
that he had misquoted his own sentiments, and then he
event on with the translation:
"She says she's willing to take his place in the jail if
you'll let him out. She says she was down sick with the
fever, and the doctor said she'd die if she didn't have
medicine. That's why he passed the lead dollar on the
drug store. She says it saved her life. This Rafal.
seems to be her honey, all right; there's a lot of stuff in
her talk about love and such things that you don't want to
hear."
"Tell her," said he, "that I can do nothing. The case
comes up in the morning, and he will have to make his
fight before the court."
Nancy Derwent was not so hardened. She was look-
ing with sympathetic interest at Joya Treviņas and at
Littlefield alternately. The deputy repeated the dis-
trict attorney's words to the girl. She spoke a sentence
or two in a low voice, pulled her shawl closely about her
face, and left the room.
"What did she say then?" asked the district attorney.
"Nothing special," said the deputy. "She said: 'If
the life of the one' -- let's see how it went -- 'Si la vida
de ella a quien tu amas -- if the life of the girl you love is
ever in danger, remember Rafael Ortiz.'"
Kilpatrick strolled out through the corridor in the
direction of the marshal's office.
"Can't you do anything for them, Bob?" asked Nancy.
"It's such a little thing -- just one counterfeit dollar --
to ruin the happiness of two lives! She was in danger
of death, and he did it to save her. Doesn't the law know
the feeling of pity?"
"It hasn't a place in jurisprudence, Nan," said Little-
field, "especially in re the district attorney's duty. I'll
promise you that the prosecution will not be vindictive;
but the man is as good as convicted when the case is called.
Witnesses will swear to his passing the bad dollar which
I have in my pocket at this moment as 'Exhibit A.' There
are no Mexicans on the jury, and it will vote Mr. Greaser
guilty without leaving the box."
The plover-shooting was fine that afternoon, and in
the excitement of the sport the case of Rafael and the
grief of Joya Treviņas was forgotten. The district attor-
ney and Nancy Derwent drove out from the town three
miles along a smooth, grassy road, and then struck across
a rolling prairie toward a heavy line of timber on Piedra
Creek. Beyond this creek lay Long Prairie, the favourite
haunt of the plover. As they were nearing the creek
they heard the galloping of a horse to their right, and
saw a man with black hair and a swarthy face riding
toward the woods at a tangent, as if he had come up
behind them.
"I've seen that fellow somewhere," said Littlefield, who
had a memory for faces, "but I can't exactly place him.
Some ranchman, I suppose, taking a short cut home."
They spent an hour on Long Prairie, shooting from
the buckboard. Nancy Derwent, an active, outdoor
Western girl, was pleased with her twelve-bore. She
had bagged within two brace of her companion's score.
They started homeward at a gentle trot. When within
a hundred yards of Piedra Creek a man rode out of the
timber directly toward them.
"It looks like the man we saw coming over," remarked
Miss Derwent.
As the distance between them lessened, the district
attorney suddenly pulled up his team sharply, with his
eyes fixed upon the advancing horseman. That individ-
ual had drawn a Winchester from its scabbard on his
saddle and thrown it over his arm.
"Now I know you, Mexico Sam!" muttered Littlefield
to himself. "It was you who shook your rattles in that
gentle epistle."
Mexico Sam did not leave things long in doubt. He
had a nice eye in all matters relating to firearms, so when
he was within good rifle range, but outside of danger
from No. 8 shot, he threw up his Winchester and opened
fire upon the occupants of the buckboard.
The first shot cracked the back of the seat within the
two-inch space between the shoulders of Littlefield and
Miss Derwent. The next went through the dashboard
and Littlefield's trouser leg.
The district attorney hustled Nancy out of the buck-
board to the ground. She was a little pale, but asked no
questions. She had the frontier instinct that accepts
conditions in an emergency without superfluous argument.
They kept their guns in hand, and Littlefield hastily
gathered some handfuls of cartridges from the pasteboard
box on the seat and crowded them into his pockets
"Keep behind the horses, Nan," he commanded.
"That fellow is a ruffian I sent to prison once. He's
trying to get even. He knows our shot won't hurt him
at that distance."
"All right, Bob," said Nancy steadily. "I'm not
afraid. But you come close, too. Whoa, Bess; stand
still, now!"
She stroked Bess's mane. Littlefield stood with his
gun ready, praying that the desperado would come within
range.
But Mexico Sam was playing his vendetta along safe
lines. He was a bird of different feather from the plover.
His accurate eye drew an imaginary line of circumference
around the area of danger from bird-shot, and upon this
line lie rode. His horse wheeled to the right, and as his
victims rounded to the safe side of their equine breast-
work he sent a ball through the district attorney's hat.
Once he miscalculated in making a détour, and over-
stepped Ms margin. Littlefield's gun flashed, and
Mexico Sam ducked his head to the harmless patter of the
shot. A few of them stung his horse, which pranced
promptly back to the safety line.
The desperado fired again. A little cry came from
Nancy Derwent. Littlefield whirled, with blazing eyes,
and saw the blood trickling down her cheek.
"I'm not hurt, Bob -- only a splinter struck me. I
think he hit one of the wheel-spokes."
"Lord!" groaned Littlefield. "If I only had a charge
of buckshot!"
The ruffian got his horse still, and took careful aim.
Fly gave a snort and fell in the harness, struck in the
neck. Bess, now disabused of the idea that plover were
being fired at, broke her traces and galloped wildly
away -- Mexican Sam sent a ball neatly through the
fulness of Nancy Derwent's shooting jacket.
"Lie down -- lie down!" snapped Littlefield. "close
to the horse -- flat on the ground -- so." He almost
threw her upon the grass against the back of the recum-
bent Fly. Oddly enough, at that moment the words of
the Mexican girl returned to his mind:
"If the life of the girl you love is ever in danger, remem-
ber Rafael Ortiz."
"Open fire on him, Nan, across the horse's back.
Fire as fast as you can! You can't hurt him, but keep
him dodging shot for one minute while I try to work a
little scheme."
Nancy gave a quick glance at Littlefield, and saw him
take out his pocket-knife and open it. Then she turned
her face to obey orders, keeping up a rapid fire at the
enemy.
Mexico Sam waited patiently until this innocuous
fusillade ceased. He had plenty of time, and he did not
care to risk the chance of a bird-shot in his eye when
could be avoided by a little caution. He pulled his
heavy Stetson low down over his face until the shots ceased.
Then he drew a little nearer, and fired with careful aim
at what he could see of his victims above the fallen horse.
Neither of them moved. He urged his horse a few
steps nearer. He saw the district attorney rise to one
knee and deliberately level his shotgun. He pulled his
hat down and awaited the harmless rattle of the tiny
pellets.
The shotgun blazed with a heavy report. Mexico
Sam sighed, turned limp all over, and slowly fell from
his horse -- a dead rattlesnake.
At ten o'clock the next morning court opened, and the
case of the United States versus Rafael Ortiz was called.
The district attorney, with his arm in a sling, rose and
addressed the court.
"May it please your honour," he said, "I desire to
enter a nolle pros. in this case. Even though the defend-
ant should be guilty, there is not sufficient evidence in the
hands of the government to secure a conviction. The
piece of counterfeit coin upon the identity of which the
case was built is not now available as evidence. I ask,
therefore, that the case be stricken off."
At the noon recess Kilpatrick strolled into the district
attorney's office.
"I've just been down to take a squint at old Mexico
Sam," said the deputy. "They've got him laid out.
Old Mexico was a tough outfit, I reckon. The boys
was wonderin' down there what you shot him with. Some
said it must have been nails. I never see a gun carry
anything to make holes like he had."
"I shot him," said the district attorney, "with Exhibit
A of your counterfeiting case. Lucky thing for me --
and somebody else -- that it was as bad money as it was!
It sliced up into slugs very nicely. Say, Kil, can't you
go down to the jacals and find where that Mexican girl
lives? Miss Derwent wants to know."