In 1882 Tex Foster was known as the cattle king of the Cimarron range in New Mexico. Foster had grown up in the west and still pulled a ready gun on occasion. Age seemed not to have impaired his wonderful vitality nor dulled his keen brain...See moreIn 1882 Tex Foster was known as the cattle king of the Cimarron range in New Mexico. Foster had grown up in the west and still pulled a ready gun on occasion. Age seemed not to have impaired his wonderful vitality nor dulled his keen brain. Tex brooked no opposition, and the cowman who crossed him eventually had cause to regret his independence. Either Foster picked a fight on some slight pretext or else hailed the offender up in court, where the judiciary, fearful of incurring the displeasure of one so rich, so powerful and so quick a trigger puller, generally returned a verdict satisfactory to Tex. Foster inspired fear and respect but had no friends except those who wished to share in his prosperity. Mexicans hated him more than any other men on his range. The old cattle man felt supremely confident what would be encountered if only through fear of his vindictiveness, so that when Frank Smith, a small cowman, dared to protest at the enclosure of "free range" by Tex's cowboys. Foster sputtered more with astonishment than with rage. Smith knew what he was doing in opposing the old man, however, for cowmen generally muttered in secret at this latest of Foster's infringements upon their rights. Rather than make a personal matter out of his attempts to fence up the "free range." however, Foster made much display of a letter purporting to come from the United States Land Commissioner at Washington. Smith retaliates by appealing to the local court but obtains little satisfaction. He openly denounces Foster, however, and is secretly backed by all the other small cowmen. Emily, Smith's wife, pleads with her husband not to pick a quarrel with Foster, knowing that Foster is the quicker gun man. Smith tries to calm her fears, but is in a quandary as to how to deal with the man who would despoil him of the ranch upon the development of which he has spent so many years. Curley, Smith's foreman, suggests that they "rustle" Foster's cattle, but Smith does not like the idea. With little hope of being revenged upon Foster in any other way, however, Smith secretly considers his foreman's plan. A month after his first visit to the Smith ranch. Foster, true to his promise, comes again. This time when he endeavors to bluff Smith into selling his property. Smith orders him to vamoose. Enraged by Foster's threat to get his property by hook or crook, Smith now falls in with Curley's plan and visits Charles Meadow's shack in the foothills, where he is persuaded to help steal Foster's stock. The band then began systematically rustling Foster's cattle. Foster fails to discover his losses until Autumn, when he learns that Smith has had a large "increase" in calves while, on the other hand, he has had severe losses of stock. Foster accuses Smith of rustling. The small cowman denies the accusation with heat. Foster, unwilling to shoot Smith down, appeals to a local court, and Smith and Curley are arrested. Smith's wife believes him innocent. While Curley and Smith are in jail a delegation of small cowmen visit them and assure them of their support. In furtherance of their plan to free Smith the small cowmen, who comprise three-fourths of the voters of the community, send the judge a letter reminding him that election time is near and that a decision favorable to Smith would be appreciated. Smith learns that the case is "fixed," but fears that his sensitive eastern wife will learn that he is a cattle thief. When she visits him in his cell he is nervous and fretful. The case is called and Foster accuses Smith of stealing his cattle. The old ranchman brings forward proofs which apparently cannot be contradicted. Smith draws his gun at the accusation and a shooting affray in the courtroom is narrowly averted. Taking advantage of a convenient technicality, the judge dismisses the case "for lack of sufficient evidence." Smith and Curley are carried out of the courtroom on the shoulders of the small cowmen, and the judge tries to restore order in his courtroom by shooting his .44 into the ceiling. Written by
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