Nancy gave a quick glance at Littlefield, and saw him take out his pocket-knife and open it. Then she turned her face to obey orders, keeping up a rapid fire at the enemy.
Mexico Sam waited patiently until this innocuous fusillade ceased. He had plenty of time, and he did not care to risk the chance of a bird-shot in his eye when it could be avoided by a little caution. He pulled his heavy Stetson low down over his face until the shots ceased. Then he drew a little nearer, and fired with careful aim at what he could see of his victims above the fallen horse.
Neither of them moved. He urged his horse a few steps nearer. He saw the district attorney rise to one knee and deliberately level his shotgun. He pulled his hat down and awaited the harmless rattle of the tiny pellets.
The shotgun blazed with a heavy report. Mexico Sam sighed, turned limp all over, and slowly fell from his horse—a dead rattlesnake.
At ten o’clock the next morning court opened, and the case of the United States versus Rafael Ortiz was called. The district attorney, with his arm in a sling, rose and addressed the court.
“May it please your honour,” he said, “I desire to enter a nolle pros. in this case. Even though the defendant should be guilty, there is not sufficient evidence in the hands of the government to secure a conviction.
