University of Virginia Library


205

CHAPTER XXVIII.
WINNING THE CLAIM.

THERE was but half a mile more. The two autos were now on the outskirts of the settlement, and men gathered in the single main street to watch the race.

Suddenly Noddy's car skidded and he was forced to shut off the power. This allowed Jerry to gain a little. He quickly saw his chance. Resolving to risk everything, he turned on full speed and pressed down the accelerator pedal.

His car lurched forward with such suddenness that the youth was almost pitched from his seat. But he caught up to Noddy. The latter saw the advantage that had been gained and tried, a desperate measure.

Turning his steering wheel he swerved his auto over toward Jerry's, intending to strike him a glancing blow and upset him.

But Jerry was too quick for him. He got out of the way, though only just in time. Then he glanced up and saw, about one hundred feet in advance, a white building, with a sign reading:

GOVERNMENT ASSAY OFFICE.


206

He brought up his machine with a jerk by applying the emergency brake. Almost before it stopped he leaped out, but his coat caught on the steering wheel and he fell in the dusty road.

At that instant Noddy dashed up in his machine. He was quick to see what had befallen Jerry, and like a flash was out of his car, and, with a proof of claim in his hand, he rushed for the door of the assay office.

"No, you don't!" yelled Jerry, springing to his feet.

He took after Noddy and caught him just as the bully was about to enter the office. But one thought flashed through Jerry's mind. He must beat Noddy.

He drew back his fist and, with a powerful blow that caught the bully right on the chin, sent him sprawling away from the doorway and into the dusty street.

"I want to file this claim," panted Jerry, an instant later, handing the astonished Government clerk the proof Nestor had made out. The boy had done the only thing possible under the circumstances to enable him to get into the office. He had knocked Noddy aside and gone in ahead of him, winning by the margin of a second.

The commotion caused by the two automobiles racing into town, the conduct of the two boys, and Jerry's action had attracted quite a crowd about the


207

assay office. People fairly filled the rough shack in which the agents of Uncle Sam did business, and the claim clerk was so startled by the suddenness of the whole transaction that he stood motionless.

"Aren't you going to file and record that claim?" asked Jerry, looking out of the window and seeing Noddy limp to his feet.

"I--I don't know--of course I am--that is--"

"He isn't goin' to do anythin' until I have somethin' to say," interrupted a rough voice. "I'm sheriff of this county, an' I'd have you automobilists know that you can't come here lickity split an' not pay the damage. I'll arrest you both for exceedin' the speed limits."

"What is the legal limit?" asked Jerry, anxious only about getting his paper filed.

"Seventy miles an hour."

"My machine can't make over fifty if I was to run it at full speed on a beach track," replied Jerry, hotly.

"Well--er--maybe I'm a leetle off on figgers," admitted the sheriff. "It may be seven miles, but you're both arrested--er--um--fer disturbin' the peace. There, I guess you can't git around that. I may be a leetle mite hazy on law, but I ain't on fact. Do you deny that you disturbed the peace?" and he turned to Jerry.

"I admit I knocked him down," said the boy,


208

nodding toward the bully, who was entering the room. "I'm willing to pay a fine for that if I may file this paper. How much do I owe you?"

"We can't do business in that loose way," spoke the sheriff, with a great sense of his own importance. "This must go through a regular form. You'll both have to go before the judge. I'll arrest you both."

"But can't I file this paper?" insisted Jerry. "You can arrest me just the same."

"One thing at a time," went on the sheriff. "You come with me; let the judge hear the case, an' if he finds you not guilty you can come back here an' file fifty papers if you want to. But you can't now, an' I forbid this clerk to take any papers from anybody until I come back."

Jerry fretted at the delay. It was easy to see that in this rough, western town the authority of the sheriff was paramount. At first Jerry thought it might be a trick put up to benefit Noddy, but when he saw the bully was not allowed to file his papers either, he became convinced that the sheriff thought he was acting within his legal rights.

Followed by a big crowd, the officer led his two prisoners toward the rude shanty where the judge held court as often as it was necessary. Noddy was plainly in a great rage, but Jerry took it all as goodnaturedly as he could.


209

"You wait till Pud Stoneham and Tom Dalsett hear of this!" blustered Noddy to the sheriff. "They'll make trouble, for they told me to be sure and file that paper as soon as I could."

"What names did you say?" asked the sheriff.

Noddy repeated them.

"I'd give a good bit to see Pud Stoneham just now," remarked the officer, in a peculiar voice. "But I guess he don't want to see me."

"I'll tell you where you can find him," spoke Jerry, quickly, surmising how the land lay.

"Where? Tell me, quick, boy! Are you tryin' to fool me?"

In a few words Jerry told about the mine, and how he had left his friends besieged there by the gambler and his companions.

"It's our mine, and I tried to file the claim before Noddy Nixon did," finished Jerry.

"And you'll do it yet," said the sheriff, heartily. "Here," he called to the crowd, which came to a halt, "this case is adjourned indefinitely."

"Ain't there goin' to be a trials?" asked several, disappointed in what they thought would furnish excitement.

"Not now," replied the officer. "This boy, Jerry Hopkins, is paroled in my custody. Noddy Nixon is paroled in the custody of Bill Lamson, an' I'll appoint you a special deputy for the occasion, Bill. You take charge of Noddy until sundown,


210

when you kin let him go. An', mind, if he escapes I'll court-martial you, Bill."

"He won't git away," said the new deputy, confidently.

The crowd had already begun to disperse, finding there was to be nothing to interest them. Lamson went away with Noddy, who vainly protested against being detained.

"Now take me to Pud Stoneham," said the sheriff to Jerry. "I've been lookin' for him for 'most a month. He's wanted for a dozen crimes. Well, well, this is luck!"

"What about filing the claim?" asked Jerry, not losing sight of his important mission.

"You kin attend to that right off," was the answer. "Then take me to the mine an' I'll attend to Pud Stoneham."

Jerry lost no time in filing a formal proof of claim to the mine, and saw the record made in the Government books. Then, with a lighter heart than he had known for many a day, feeling that at least part of the hard work was over, he went to the auto, where the sheriff was waiting.

"I'll take you out in the car," said Jerry.

"I'd a heap sight rather have a mule," commented the officer, eyeing the machine with a suspicious glance, "but I s'pose this is quicker. Don't upset, now."

"I won't," promised Jerry. "But, Mr. Sheriff,


211

hadn't you better take some help along? Pud and Dalsett are well armed."

"That's so. I'll swear in a couple of deputies," said the officer. "Here, you," he called to two men passing by, "come with me, I may need you. Hold up your right hands. You swear to do whatever I tell you to, all right. I owe you fifty cents apiece, but you'll have to git change. Never mind now, jump in the shebang. We're after a man."

Then the sheriff paused to take a much-needed breath. The two men, who didn't seem surprised at being so suddenly called on to act, took their places in the machine and Jerry started off.

He exulted in his success, for he knew that, no matter what happened now, the mine stood in the names of Nestor and the adventurers, including himself. All that now remained was to get the gold out.

Jerry sent the machine along at a good clip. Mile after mile was covered and at last the auto turned up the little valley leading to the mine. As the machine neared the hill in which the shaft was sunk a sound of firing was heard.

"They're fighting!" cried the boy, as he increased the speed.