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Updated: June 3, 2025
Do you see that sign over there, where it says Barley Water and Bad Cigars? Well, put your horses in some corral and meet me there." There was a great deal of news to review. Lovell had returned to Ogalalla; the body of Tolleston had been recovered and given decent burial; delivery day of the three Indian herds was at hand, bringing that branch of the season's drive to a close.
Taking Forrest's cook around to our outfitting store, I introduced and vouched for him. Hurrying back, I sent Wayne Outcault, as he was a stranger to Tolleston, to mix with the two rascals and send Seay to me at once. Some little time was consumed in engaging Archie in a game of pool, but when Dorg presented himself I lost no time in explaining the situation.
The camps of the two herds at issue were about four and five miles down and across the river, and no doubt Tolleston knew of their location, as they were only a little more than an hour's ride from Ogalalla. There was no time to be lost, and as we hastily gathered around the old man, he said: "Ride for your outfits, boys, and bring along every man you can spare.
They had employed a firm of local attorneys, consisting of an old and a young man, both of whom evidently believed in the justice of their client's cause. All the cattle-hands in Lovell's employ were anxious to get a glimpse of Tolleston, many of them patronizing the bar and table of the same hostelry, but their efforts were futile until the hour arrived for the hearing.
They had intimated to him that it was possible they would need a foreman or two who knew the trail from the Arkansaw to the Yellowstone and Missouri River country. Putting this and that together, the presence of Archie Tolleston in Dodge was not at all favorable to the working out of our plans. "And Arch isn't the man to forget a humiliation," concluded Bob, to which I agreed.
Siringo continued: "You see, after we traded, they inquired if you were a safe man, saying if you didn't know the Yellowstone country, they had a man in sight who did. That was last night, and it seems that this morning they got a letter from Tolleston, saying he would be there on the next train. They're either struck on him, or else he's in their employ. Mark my words."
The message was from Mike Sutton, stating that a fourth member of the ring had arrived during the forenoon, accompanied by a United States marshal from the federal court at Omaha; that the officer was armed with an order of injunctive relief; that he had deputized thirty men whom Tolleston had gathered, and proposed taking possession of the two herds in question that afternoon.
Now call your troops, or take me with you for treating with scorn the orders of your court." Meanwhile every man on our side had an eye on Archie Tolleston, who had gradually edged forward until his horse stood beside that of the marshal.
They had even denounced him and the sheriff's office as being in collusion against them, and had dispatched Tolleston with orders to refuse service. "Let them get on the prod all they want to," said Don Lovell to Reed and the sheriff. "I've got ninety men here, and you fellows are welcome to half of them, even if I have to go out and stand a watch on night-herd myself.
Now, send your man Seay at once, get Tolleston beastly drunk, and quarter him in some crib until night." Unobserved by the buyers, I signaled Seay, and gave him the particulars and what money I had. He rode back through the saddle stock, recrossed the river, and after rounding the bend, galloped away.
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