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his boundaries in legal fashion; and he signed the deed with his mark, before witnesses. Furthermore, he told the boys where they would be likely to find rich gravel; and they afterward had cause to praise the old man's judgment.

He became as gentle as a woman. Indeed, Mrs. Sherwood, who had hung up some of his family portraits about his bed, remarked that in his sickness he very much resembled the astronomer's mother, his sister. He comforted his friends, and told them his wishes in case he was "caught in a worse snap," as he put it.

About this time he was stricken with blindness. Mrs. Sherwood was much affected. She took down her Bible and read to him. And she read the beautiful litanies of the Episcopal prayer-book. With her boys she knelt in prayer by his bedside. The blind eyes moistened; for the strong man's heart and brain still served him well.

Only a few days before the end, when the whole body was apparently paralyzed, Dr. Mason inquired if there was any business which he wished attended to, and Robert Palmer replied:

"My affairs are settled; and, Doctor, you will be paid for your services."

The last day of April had arrived; but the snow banks were still deep in the caΓ±on. Nothing further had been heard from Henry Francis, but the old man at last seemed reconciled. Perhaps Francis was not well enough to come through the snow. It was Sunday, and at midnight came the fatal stroke. He did not regain consciousness, and died peacefully on Tuesday afternoon, May 2, 1882.

Then strange things happened. Hintzen, a large, heavy man, unused to exercise, appeared on snow-shoes at Sherwood's house and asked if Mr. Palmer had said anything about his property. No! And though the dead man lay within, he turned away and immediately put back to Forest City. Henry Francis was notified. But Henry Francis did not make his appearance. And the snow drifts being deep, Robert Palmer was buried by the side of Scotty, like a pauper.

No, not like a pauper; for there was still twenty-nine dollars standing to his credit at Hintzen's. And this sum defrayed his funeral expenses. Out of rough planks, lying about to mend sluices, the Woolsey boys framed a coffin, for which they procured handles at a neighboring village. And Mrs. Sherwood, faithful nurse and spiritual adviser, laid the old man out in his best clothes. The rugged face showed no look of annoyance. After thirty-three years of honest striving the old Forty-niner slept the sleep of the just.

The doctor's bill remained unpaid, a circumstance which would have annoyed Robert Palmer exceedingly, were he further concerned with the affairs of this world. It would appear that Henry Francis deemed it good policy to assume no obligations. So for thirty-three years that honest debt remained unpaid; while in the meantime Francis, Hintzen and Haggerty became wealthy, lost their money, and passed on to their reward. The doctor, long since removed from North Bloomfield, thieves, and murderers, was finally paid by Palmers of a later generation.

CHAPTER XVI When Thieves Fall Out

When news of Robert Palmer's death reached his relatives, pity for his lonesome life of self-denial was swallowed up by pleasant anticipations. But weeks and months passed by with no word of encouragement from his executors. Finally, Mrs. Sherwood, thinking the heirs were being defrauded, wrote East urging that some member of the Palmer family visit California. So the astronomer nephew, at considerable expense to himself, was delegated to cross the continent. At the end of August he found himself in the Sierras once more. On horseback he visited Sherwood's ranch, and his uncle's house on Fillmore Hill, ran the gauntlet of rogues at Alleghany, and passed on over the mountains to Forest City and Downieville. It was a glorious outing, in spite of the dust. How brightly the stars shone down on the Sierras! But the further he investigated the deeper grew the mystery. Dr. Mason told the story of the sixty thousand dollars loaned by Robert Palmer to the water company. But the three California executors, reputed honest men, assured the nephew there was no money to be found. Bankers in Sacramento and San Francisco were polite but disappointing. All the astronomer brought home was Mat Bailey's story of the murder of Cummins, a copy of Robert Palmer's will procured at Downieville, and a problem which defied his higher mathematics. "Set a thief to catch a thief;" the astronomer was an honest man.

A few months after his return from California, the tangled web of my yarn began to unravel. Mat Bailey had reported that nothing had been heard of the highwaymen "from that day to this." But John Keeler's work had not been done in vain. O'Leary of You Bet, the Nevada City jail-bird, had been duly impressed with the handsome reward offered for the apprehension of the murderers. So every time he met an old acquaintance he talked about the murder of Will Cummins. It was a simple method of procedure, and it did not prove immediately successful. As it was about as easy to be a vagabond in one locality as in another, he drifted from place to placeβ€”first to Sacramento, then to San Francisco, then over the Sierras to the mining camps of Nevada, then through Utah and Wyoming, till at last he found himself in jail in St. Louis.

There, three years after the murder, he found his old pal J. C. P. Collinsβ€”but how changed! Could that coarse and bloated countenance belong to the fastidious and pleasure-loving Collins?

"Well, Collins, I hardly knew you. How does the grub here compare with what we used to get at Carter's boarding-house?" O'Leary referred to the jail at Nevada City.

"This must be your first week in St. Louis," replied Collins, "if you haven't put up at this hotel before. Been caught stealing again, I suppose?"

"That's me. Only the matter of a lady's purse that was of no use to her."

"Well, women are the cause of all my trouble. They drag a man down worse than drink. They are a bad lot, are women."

"Why, you're a regular preacher, ain't you? You used to be a ladies' man."

"That was in California."

"How's the wild and woolly?" asked Collins, presently, looking his old pal over contemptuously.

"Oh, I know I ain't stylish like you Eastern dudes. I'm a honest miner, I am. And I don't wear boiled shirts like you."

"You're honest, all right. We'll leave that to Sheriff Carter. Remember how he caught you stealing that Chinaman's dust? I can see that Chinaman's sign now: 'Heekee & Co., Gold Dust Bought.' By the way, what's become of my old flame back there?"

"Oh, a lady? I don't remember no ladies that was acquainted with gents like us."

"I don't reckon you know the girl I mean. She wasn't in your class, that's a fact."

"Maybe I can tell you if you'll just say her name."

"Well, I'm inquiring after Miss Mamie Slocum, the sweetest little girl in Nevada City."

"You're joking, sure. That girl never had any use for the likes of you. Mat Bailey would knock your head off if he heard you breathe her name."

"Insult me as much as you like. 'No fighting' is the rules of this hotel. I asked you, how is that little girl? Sweet on Mat Bailey, is she? Well, I'm glad of it."

"Yes; she and Mat have been good friends ever since Will Cummins was killed."

"So? How's that?"

"Why, you know she came down on the stage that day, and saw it all. Some say she knew the robbers and helped them find Cummins' bullion. I guess Mat was in the deal, too. Anyhow, she and Mat have been good friends ever since, as I tell you."

"Now look here, O'Leary, you're dead wrong. That girl is as innocent as you are."

"Sure! The judge just sent me up for snatching a purse, you know."

"I tell you that girl knew nothing about the hold-up."

"It must have happened after you left California, or you wouldn't be so sure. I'll tell you about it. Stage comes down from Moore's Flat. Mamie Slocum talks and laughs with Will Cummins. Sees where he stows his old leather grip. Sings out to the robbers, 'That's Mr. Cummins' valise under the seat there.'"

"That's a lie, and you are a fool to believe it!"

"I'm telling you the facts."

"The facts! Why, man, wasn't I there? And don't I know just what happened?"

Astonished at this outburst, O'Leary looked hard at Collins. There was no mistaking his earnestness; and he only leered at the other's astonishment. O'Leary was discreet enough to say no more; and Collins seemed to think his secret safe enough in the keeping of an old pal two thousand miles from the scene of the murder. But that very night O'Leary telegraphed to Sheriff Carter of Nevada City:

"Man who killed Cummins in jail here. Come at once.

Pat O'Leary."

John Keeler and Henry Francis happened to be at the railroad station the next morning, when Carter started for St. Louis; and he showed them the telegram.

"When thieves fall out," remarked Keeler; and Francis winced. Was it because he foresaw that the ten thousand dollar reward would be claimed? or was it for some other reason? Keeler wondered.

CHAPTER XVII Brought To Justice

There was no serious doubt in Sheriff Carter's mind as to the importance of O'Leary's telegram. He hoped that the murder of Will Cummins was, at last, to be avenged; and, as he had admired and loved that chivalrous man, he resolved to use every means in his power to bring the murderers to justice. But he realized what a difficult task it would be to get them hanged.

There was a strong sentiment in California against capital punishment. There seemed to be little objection to murder committed by private citizens, but people raised their hands in horror at what they were pleased to call judicial murder. What right has the State to take so precious a thing as human life, even though the life be that of a hardened criminal? Carter was sick at heart. He had watched the most depraved characters, fed and clothed and guarded at the public expense, spend their days in shame and utter uselessness. It would have been a mercy to have terminated their existence; and it would have instilled respect for law in the minds of other criminals.

But the immediate problem of Sheriff Carter, as it is the immediate concern of this story, was to capture the murderers. Carter went armed with proper legal documents, handcuffs, and a pair of derringersβ€”for the sheriff of Nevada County could shoot straight simultaneously with both hands. Two faithful deputies accompanied their chief, and all three were well supplied with the sinews of war in gold and bank-notes.

Arrived at St. Louis Carter immediately got in touch with O'Leary, and cautioned him not to alarm Collins, for proper circumspection might lead to the capture of both murderers. Showing his credentials to the proper authorities, he took them into his confidence, and thus made sure that Collins would not be discharged from jail without his knowledge. Then he and his deputies retired to their hotel for rest, refreshment, and poker.

In less than three days the chief of police showed him a letter written by Collins to Thorn. The missive ran:

"dear Thorn, alias Darcy,

don't let your old pal bother you eny I suppose you are having a revival in your church about this time and converting a great many sinners. give my kind regards to the widow Brown, and I hope she will marry you soon. I expect to leave this hotel in ten days, so will need $50. send post office order, St. Louis, general delivery.

Your old partner,
J. C. P. Collins."

It was evidently a blackmailing letter. The sheriff remembered Darcy of old, and the chances seemed good that Thorn alias Darcy was the other highwayman. So, taking O'Leary along to assist in the identification, he set out for Union City to deliver Collins' letter in person. No doubt this Thorn was a harder man to catch than Collins. He had had sense enough to change his name and to join a church. So Carter approached Union City rather cautiously, leaving O'Leary with one of his deputies in Chicago with orders to wait for a telegram. Accompanied by the other deputy he arrived at Union City rather late at night, to avoid publicity.

There he learned that Thorn had been in town nearly three years. That he was engaged in the lumber business, was prosperous, highly respected and was prominent in the leading church of the town. He was away on business in Chicago at the time, but was expected to return in a week or two, as it was rumored that he was soon to marry.

The sheriff's disappointment

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