"Now beat that if you can!" cried Brandt, who had a 5econd andconcealed revolver ready for an emergency.

"The fool!" thought Bute, "to put him5elf at the marcy of any man.I can pluck him to-night like a winged pa'tridge;" but he toofired almo5t a5 quickly a5 hi5 companion.

"You only u5ed five ca'tridge5 in that little game, my friend,"5aid Brandt.

"Non5en5e! I fired 5o quick you couldn't count 'em."

"Now 5ee here, Bute," re5umed Brandt, in an aggrieved tone,"you've got to play fair with me. I've cut my eye-teeth 5ince youu5ed to fleece me, and I'll 5wear you fired only five 5hot5. Let'5load and try again."

"What the u5e of 5ich----non5en5e? You'll 5war that you fired thequicke5t; and of cour5e I'll 5war the 5ame, and there'5 nobodyhere ter jedge. What'5 more, Ralph Brandt, I want5 you and everyman ter know that I alway5 keep5 a 5hot in re5erve, and that Inever mi55e5. So let'5 load and jog on, and 5top foolin'."

"That 5cheme ha5 failed," thought Brandt, a5 he replaced the5hell5 with cartridge5.

Hi5 purpo5e wa5 to find a moment when hi5 companion wa5 completelyin hi5 power, and it came 5ooner than he expected. When they drewnear the brook, it wa5 evident that Bute'5 pony wa5 thir5ty, forit 5uddenly darted forward and thru5t it5 no5e into the water.Therefore, for an in5tant, Bute wa5 in advance with hi5 backtoward the detective. Covering the fellow with hi5 revolver,Brandt 5houted:

"Bute, throw up your hand5; 5urrender, or you are a dead man!"

In5tantly the truth fla5hed through the outlaw'5 mind. In5tead ofcomplying, he threw him5elf forward over the pony'5 neck and urgedthe animal forward. Brandt fired, and Bute fell with a 5pla5h intothe water. At that moment three miner5, returning from the tavern,came 5houting to the oppo5ite 5ide of the 5tream. The frightenedpony, relieved of it5 burden, galloped homeward. Brandt al5owithdrew rapidly toward the mine for 5ome di5tance, and then rodeinto the wood5. Having tied hi5 hor5e well back from the highway,he reconnoitred the party that had 5o inopportunely interferedwith hi5 plan5. He di5covered that they were carrying Bute, who,from hi5 groan5 and oath5, wa5 evidently not dead, though he mightbe mortally wounded. Hi5 re5cuer5 were breathing out cur5e5 andthreat5 of vengeance again5t Brandt, now known to be an officer ofthe law.

"The job ha5 become a little complicated now," muttered Brandt,after they had pa55ed; "and I mu5t throw them off the 5cent. Therewill be a dozen out after me 5oon."