An abandoned tunnel--an irregular orifice in the mountain flank which looked like a dried-up sewer that had disgorged through its opening the refuse of the mountain in red slime, gravel, and a peculiar clay known as "cement," in a foul streak down its side; a narrow ledge on either side, broken up by heaps of quartz, tailings, and rock, and half hidden in scrub, oak, and myrtle; a decaying cabin of logs, bark, and cobblestones--these made up the exterior of the Marshall claim. To this defacement of the mountain, the rude clearing of thicket and underbrush by fire or blasting, the lopping of tree-boughs and the decapitation of saplings, might be added the debris and ruins of half-civilized occupancy. The ground before the cabin was covered with broken boxes, tin cans, the staves and broken hoops of casks, and the cast-off rags of blankets and clothing. The whole claim in its unsavory, unpicturesque details, and its vulgar story of sordid, reckless, and selfish occupancy and abandonment, was a foul blot on the landscape, which the first rosy dawn only made the more offending. Surely the last spot in the world that men should quarrel and fight for!

So thought George Barker, as with his companions they moved in single file slowly towards it. The little party consisted only of himself, Demorest, and Stacy; Marshall and Hamlin--according to a prearranged plan--were still in ambush to join them at the first appearance of Steptoe and his gang. The claim was yet unoccupied; they had secured their first success. Steptoe's followers, unaware that his design had been discovered, and confident that they could easily reach the claim before Marshall and the surveyor, had lingered. Some of them had held a drunken carouse at their rendezvous at Heavy Tree. Others were still engaged in procuring shovels and picks and pans for their mock equipment as miners, and this, again, gave Marshall's adherents the advantage. THEY knew that their opponents would probably first approach the empty claim encumbered only with their peaceful implements, while they themselves had brought their rifles with them.

Stacy, who by tacit consent led the party, on reaching the claim at once posted Demorest and Barker each behind a separate heap of quartz tailings on the ledge, which afforded them a capital breastwork, and stationed himself at the mouth of the tunnel which was nearest the trail. It had already been arranged what each man was to do. They were in possession. For the rest they must wait.

What they thought at that moment no one knew. Their characteristic appearance had slightly changed. The melancholy and philosophic Demorest was alert and bitter. Barker's changeful face had become fixed and steadfast. Stacy alone wore his "fighting look," which the others had remembered.

They had not long to wait. The sounds of rude laughter, coarse skylarking, and voices more or less still confused with half-spent liquor came from the rocky trail. And then Steptoe appeared with part of his straggling followers, who were celebrating their easy invasion by clattering their picks and shovels and beating loudly upon their tins and prospecting-pans. The three partners quickly recognized the stamp of the strangers, in spite of their peaceful implements. They were the waifs and strays of San Francisco wharves, of Sacramento dens, of dissolute mountain towns; and there was not, probably, a single actual miner among them. A raging scorn and contempt took possession of Barker and Demorest, but Stacy knew their exact value. As Steptoe passed before the opening of the tunnel he heard the cry of "Halt!

He looked up. He saw Stacy not thirty yards before him with his rifle at half-cock. He saw Barker and Demorest, fully armed, rise from behind their breastworks of rock along the ledge and thus fully occupy the claim. But he saw more. He saw that his plot was known. Outlaw and desperado as he was, he saw that he had lost his moral power in this actual possession, and that from that moment he must be the aggressor. He saw he was fighting no irresponsible hirelings like his own, but men of position and importance, whose loss would make a stir. Against their rifles the few revolvers that his men chanced to have slung to them were of little avail.

But he was not cowed, although his few followers stumbled together at this momentary check, half angrily, half timorously like wolves without a leader. "Bring up the other men and their guns," he whispered fiercely to the nearest. Then he faced Stacy.

"Who are YOU to stop peaceful miners going to work on their own claim?" he said coarsely. "I'll tell you WHO, boys," he added, suddenly turning to his men with a hoarse laugh. "It ain't even the bank! It's only Jim Stacy, that the bank kicked out yesterday to save itself,--Jim Stacy and his broken-down pals. And what's the thief doing here--in Marshall's tunnel--the only spot that Marshall can claim? We ain't no particular friends o' Marshall's, though we're neighbors on the same claim; but we ain't going to see Marshall ousted by tramps. Are we, boys?"

"No, by G-d!" said his followers, dropping the pans and seizing their picks and revolvers. They understood the appeal to arms if not to their reason. For an instant the fight seemed imminent.

Then a voice from behind them said:--

"You needn't trouble yourselves about that! I'M Marshall! I sent these gentlemen to occupy the claim until I came here with the surveyor," and two men stepped from a thicket of myrtle in the rear of Steptoe and his followers. The speaker, Marshall, was a thin, slight, overworked, over-aged man; his companion, the surveyor, was equally slight, but red-bearded, spectacled, and professional- looking, with a long traveling-duster that made him appear even clerical. They were scarcely a physical addition to Stacy's party, whatever might have been their moral and legal support.