there was persistent neighing on the summit. concho's horse wanted his breakfast.

this protestation reached the ears of a party ascending the mountain from its western face. to one of the party it was familiar.

“why, blank it all, that's chiquita. that d——d mexican's lying drunk somewhere,” said the president of the b. m. co.

“i don't like the look of this at all,” said dr. guild, as they rode up beside the indignant animal. “if it had been an american, it might have been carelessness, but no mexican ever forgets his beast. drive ahead, boys; we may be too late.”

in half an hour they came in sight of the ledge below, the crumbled furnace, and the motionless figure of concho, wrapped in a blanket, lying prone in the sunlight.

“i told you so,—drunk!” said the president.

the doctor looked grave, but did not speak. they dismounted and picketed their horses. then crept on all fours to the ledge above the furnace. there was a cry from secretary gibbs, “look yer. some fellar has been jumping us, boys. see these notices.”

there were two notices on canvas affixed to the rock, claiming the ground, and signed by pedro, manuel, miguel, wiles, and roscommon.

“this was done, doctor, while your trustworthy greaser locater,—d—n him,—lay there drunk. what's to be done now?”

but the doctor was making his way to the unfortunate cause of their defeat, lying there quite mute to their reproaches. the others followed him.

the doctor knelt beside concho, unrolled him, placed his hand upon his wrist, his ear over his heart, and then said:

“dead.”

“of course. he got medicine of you last night. this comes of your d——d heroic practice.”

but the doctor was too much occupied to heed the speaker's raillery. he had peered into concho's protuberant eye, opened his mouth, and gazed at the swollen tongue, and then suddenly rose to his feet.

“tear down those notices, boys, but keep them. put up your own. don't be alarmed, you will not be interfered with, for here is murder added to robbery.”

“murder?”

“yes,” said the doctor, excitedly, “i'll take my oath on any inquest that this man was strangled to death. he was surprised while asleep. look here.” he pointed to the revolver still in concho's stiffening hand, which the murdered man had instantly cocked, but could not use in the struggle.

“that's so,” said the president, “no man goes to sleep with a cocked revolver. what's to be done?”

“everything,” said the doctor. “this deed was committed within the last two hours; the body is still warm. the murderer did not come our way, or we should have met him on the trail. he is, if anywhere, between here and tres pinos.”

“gentlemen,” said the president, with a slight preparatory and half judicial cough, “two of you will stay here and stick! the others will follow me to tres pinos. the law has been outraged. you understand the court!”

by some odd influence the little group of half-cynical, half-trifling, and wholly reckless men had become suddenly sober, earnest citizens. they said, “go on,” nodded their heads, and betook themselves to their horses.

“had we not better wait for the inquest and swear out a warrant?” said the secretary, cautiously.

“how many men have we?”

“five!”

“then,” said the president, summing up the revised statutes of the state of california in one strong sentence; “then we don't want no d——d warrant.”