in one important respect the combatants showed commendable discretion. although there had been considerable firing on the part of the rustlers, none of the cattlemen were hurt. it is not unlikely that the bullets were intended to frighten them, since such excellent marksmen otherwise could not have discharged their weapons without execution.

capt. asbury and his men had not returned a shot. when their enemies appeared on more than one side of the building it would have been easy to pick off several without risk to those sheltered within the house, but he gave orders that nothing of that sort should be done.

the bitterness between the parties was already intense. there were hot-heads on both sides eager to open the lamentable conflict, but were it done, there was no saying where it would end. it was wise, therefore, that the leaders forbore from active hostilities at this early stage of the business.

from the front of the structure the plain stretched in the direction of the big horn mountains. it was across this that jennie whitney descried, two days before, the return of her friends with the body of her father. she now ascended to the second story and peered long and frequently in the same direction, in the hope of catching sight of her brother.

meanwhile capt. asbury disposed of the members of his party as best he could. they needed no instructions from him to avoid in every way possible annoying the ladies, who were considerate and kind.

about midday, excitement was caused among the besieged by the appearance of a flag of truce. a man rode over the ridge, down which the cattlemen had come in such haste, holding a white handkerchief fluttering over his head. his horse walked slowly and the rider kept his gaze on the front of the house, as though in doubt of the reception awaiting him. a hundred feet away he came to a halt, still flourishing the peace signal above his hat.

capt. asbury was the first to discover the messenger and hurriedly arranged for the interview.

"inasmuch as that fellow is neither inman, cadmus, nor anyone of the leaders, it is not the thing for me to meet him."

"you have recognized him?" was the inquiring remark of hawkridge, glancing with a smile at the officer.

"no. who is he?"

"duke vesey, who does not feel particularly amiable toward you."

"i will meet him," volunteered monteith sterry. the captain shook his head.

"while that fellow is friendly to you, perhaps, others of the company are very resentful; it isn't best to tempt them. hawkridge, you are the best one to act."

"very well; i will do so."

the horseman had come to a stop and was gazing fixedly at the building, as if waiting for a response to his advance.

jennie whitney descended the stairs at this moment.

"i think i see fred coming," she said, with some agitation; "will they do him any harm?"

"no," replied sterry, "they have nothing against him."

"but the other day—" she ventured, doubtfully.

"was a scrimmage, likely to take place at any time; that is ended, but they will probably hold him prisoner."

during this brief conversation a brisk search was going on among the three men for a white pocket-handkerchief. none of them possessed such an article, the hue in each case being different. hawkridge appealed to miss whitney, and she produced a linen handkerchief of snowy whiteness.

"just the thing," he said, drawing back the door sufficiently to allow him to pass out. "i don't think i will be detained long. it is understood," he added, turning to the captain, "that we don't consider the question of surrender under any terms."

"it will be better to report, and then decide what to do."

hawkridge bowed and passed out. he waved the spotless linen in front of his face as he walked toward the horseman, and both smiled when they recognized each other.

"well, duke, what is it?" asked the footman, as though he were asking an ordinary question of a friend.

"i reckon you can guess. since the two companies came together ira inman is at the head of the army. some of the boys are wild to begin shooting, and they'll do it pretty soon. before that, inman decided to offer you folks a chance to give in. that's my business."

"you simply demand our surrender, as i understand it?"

"you've guessed it the first time," replied vesey, with a nod of his head.

"what terms do you offer?"

"you'll be treated as prisoners of war; but," added the rustler, "it is hardly right to say that. it's inman's idea to hold you as hostages for the right treatment of any of our boys that may fall into the hands of the stockmen."

"that is quite different. let me ask, duke, whether this treatment is guaranteed to all of our folks?"

"i wish i could say it was, dick, but i can't; inman makes two exceptions—capt. asbury and mont sterry. that sterry showed himself so much of a man and was so square toward me when i was caught that i would do anything i could for him. i appealed to inman to let up on him, but he won't; some of the boys are so mad they will shoot him on sight."

"and capt. asbury?"

vesey's face became hard.

"he ought to be hanged because of the way he acted last night."

"but what is proposed to do with him and sterry?"

"give them a fair trial."

hawkridge shook his head with a meaning smile.

"it won't work, duke; there isn't a man in our company who would consent to anything of the kind. there could be but one issue to such a trial, and it would be nothing less than the betrayal of our leader or a comrade by us."

"inman declares he will burn down the house if you refuse his terms."

"let him try it as soon as he pleases; you can tell him for capt. asbury that his terms are rejected."