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 probably have a new court-house in Ogalalla now, but at the date of this chronicle the building which served as a temple of justice was poorly proportioned, its height being entirely out of relation to its width.It was a two-story affair, the lower floor being used for county offices, the upper one as the court-room.Along stairway ran up the outside of the building, landing on a gallery in front, from which the sheriff announced the sitting of the honorable court of Keith County.At home in Texas, lawsuits were so rare that though I was a grown man, the novelty of this one absorbed me.Quite a large crowd had gathered in advance of the hour, and while awaiting the arrival of Judge Mulqueen, a contingent of fifteen men from the two herds in question rode up and halted in front of the court-house.Forrest and I were lying low, not caring to be seen, when the three plaintiffs, the two local attorneys, and Tolleston put in an appearance.The cavalcade had not yet dismounted, and when Dorg Seay caught sight of Tolleston, he stood up in his stirrups and sang out, "Hello there, Archibald! my old college chum, how goes it?"Judge Mulqueen had evidently dressed for the occasion, for with the exception of the plaintiffs, he was the only man in the court-room who wore a coat.The afternoon was a sultry one; in that first bottom of the Platte there was scarcely a breath of air, and collars wilted limp as rags.Neither map nor chart graced the unplastered walls, the unpainted furniture of the room was sadly in need of repair, while a musty odor permeated the room.Outside the railing the seating capacity of the court-room was rather small, rough, bare planks serving for seats, but the spectators gladly stood along the sides and rear, eager to catch every word, as they silently mopped the sweat which oozed alike from citizen and cattleman.Forrest and I were concealed in the rear, which was packed with Lovell's boys, when the judge walked in and court opened for the hearing.Judge Mulqueen requested counsel on either side to be as brief and direct as possible, both in their pleadings and testimony, adding: "If they reach the stock-yards in time, I may have to load out a train of feeders this evening.We'll bed the cars, anyhow." Turning to the sheriff, he continued: "Frank, if you happen outside, keep an eye up the river; those Lincoln feeders made a deal yesterday for five hundred three-year-olds.--Read your complaint."The legal document was read with great fervor and energy by the younger of the two local lawyers.In the main it reviewed the situation correctly, every point, however, being made subservient to their object,--the possession of the cattle.The plaintiffs contended that they were the innocent holders of the original contract between the government and The Western Supply Company, properly assigned; that they had purchased these two herds in question, had paid earnest-money to the amount of sixty-five thousand dollars on the same, and concluded by petitioning the court for possession.Sutton arose, counseled a moment with Lovell, and borrowing a chew of tobacco from Sponsilier, leisurely addressed the court.
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