Autumn had come early to Colorado. The leaves on the mountain trees were already turning from green to shades of orange, yellow and red. The pines needles, of course, would remain green. The air temperatures, especially in the higher elevations, were already unseasonably cold and forecasted to remain as such in the near term. This was going to be a cold winter, and Avery Baxter was diligently preparing for it as were most miners in the region. He had already finished weatherizing his cabin by installing a chinking mixture of clay, dirt, lime and ashes to seal the air gaps between the logs and boards that had developed during the warmer weather. He had patched any areas of the roof that might potentially develop leaks when the coming snows began to melt. Finally, he had reinforced the fireplace and chimney to eliminate any threats of fire or carbon monoxide. He was satisfied with the overall condition of his home.
Avery was a loner who had resided on this homesite for the past eleven years. He was a middle-aged man in generally good health, save for the usual aches and pains that men his age all seemed to develop. He had chronically sore knees and shoulders as well as a tired back, all resulting from many long shifts working in the corporate mines. Finally, as his fortieth birthday approached, he had terminated his employment with the company and set out on his own. After wandering and searching for many months, he had finally come upon his present location. Finding the site satisfactory, he had staked his claim to the property, filing the legal documents at the county land office. He built his small cabin on a ridge overlooking the Black River. He enjoyed the beautiful view that this vantage point offered, from where he could easily monitor all forty acres of his property. The local area had generally been peaceful, but over time as more people arrived in the territory, stories of crimes and violence increased proportionally. Avery intended to remain vigilant, determined to protect all that was his as best he could.
Once Avery had settled on the property, he began spending his days working in the river, inspecting the placer deposits there and recovering sporadic pieces of loose gold. This gold dust was typically pea gravel in size and initially, somewhat difficult to find. However, as he patiently worked the stream, he developed a technique that would serve him well in the pursuing years. To date, he had recovered more than one hundred-fifty pieces of gold. In addition, while exploring the more remote areas of his property, he had discovered a small vein of gold in a rocky area. Still in possession of his mining tools, he proceeded to work this vein. To date, he had accumulated almost a pound of gold ore from it and was confident that more was still waiting to be extracted. He wondered if there might be other deposits of gold on his property. He surmised that this was possible, but he had no compelling reason to search. He already had as much work as he could handle.
Avery divided his workdays between the vein on his property and the placer deposits up and down the river. Every morning, he would work the gold vein until his back and shoulders became tired. After lunch, he would go to the river where he would sit on a small, wooden stool in the shallower water and pan for gold. In late afternoon as his back and knees began to hurt, he would quit for the day, leaving his stool in the weeds beside the river. He would then retire to the cabin for the evening. The only deviations from this routine were in the spring when he would plant his vegetable garden and in the late summer and early autumn when he would harvest. He would do maintenance on the garden in the evenings as needed. He also took time off to hunt for meat. He obviously could do little work during the winter months. Avery owned a horse and a mule that he kept in a shack of a barn beside a small, fenced corral located adjacent to the cabin. He was always cognizant to keep the animals properly fed and sufficiently exercised.
Avery stored his gold in four separate locations within the cabin, primarily beneath the floorboards. He believed that anyone entering the cabin intent on stealing his gold would probably terminate their search upon finding an initial stash. They would have no reason to consider the possibility of additional hiding places being located throughout the building. It would be an intruder's misfortune, however, to enter the cabin while Avery was inside. Within his easy reach, Avery kept a loaded 12-gauge shotgun as well as two loaded 38-caliber handguns. He was proficient with all three weapons and any uninvited visitor would certainly suffer a very serious consequence. To date, Avery had not experienced any situations with strangers trespassing on his property.
Several years earlier, Avery had found an injured Indian brave lying on the riverbank not too far from the cabin. The young man, probably in his early twenties, had badly sprained an ankle in a fall from a nearby stone bluff. He was unable to walk, experiencing great pain. Avery assisted the brave to the cabin where he provided medical care as best he could and kept him fed and comfortable for two days. Eventually, several other braves arrived in the area in search of their missing tribesman. Avery led them to the cabin where they were surprised to find the man under good care, recovering nicely from his injury. The Indians were pleased at how well Avery had cared for one of their own. As they collected the man and took him away, Avery could sense their appreciation. In the subsequent years, Avery would interact with these Indians whenever he encountered them in the area. Avery considered them to be friends, and he believed that he could reply upon them for help if such a need should ever arise.
One morning several weeks back, Avery had ridden into town to purchase supplies from the general store. He had the pack mule with him to carry the supplies back to the property. Before entering the general store, Avery had visited the bank across the street to convert a couple gold pieces into currency. The banker was experienced with this procedure. He weighed the gold on a jewelry balance and determined that its total weight was 2.4 ounces. He was impressed with the quality of the ore. The official exchange value of gold in the U.S. was $18.94 per ounce. The banker did his calculation and completed the transaction by handing $43.00 to Avery, retaining a small commission for the bank.
"Thank you, sir," said Avery friendlily as he put the money into his pants pocket.
"You're welcome," replied the banker as he smiled at his customer. He then asked, "do you keep your other gold in a safe place? We can hold it for you in our safe if you'd like."
"No, that's not necessary," explained Avery. "I really don't have that much."
"That's your choice," responded the banker skeptically. "If you should change your mind, let me know. My offer will still stand."
Avery nodded his head and smiled in understanding. "I'm much obliged. You have a good day," he said as he backed away from the counter, turned and began walking toward the door.'
"You, too," replied the banker. "Take care."
As Avery exited the building, he paid scant attention to the stranger who had been standing in line behind him. The man was tall and muscular, wearing worn, dark clothes and a grey Stetson. He had witnessed Avery's transaction with the banker, and it had piqued his curiosity.
"Interesting fella," the stranger remarked to the banker as he approached the counter. He handed the banker a fifty-dollar bill and requested change in gold and silver coins. "How well do you know him?"
"Not that well," admitted the banker. "He comes in here now and again to trade some gold for currency. He's a miner. I believe he lives east of here on the Black River somewhere. Other than that, I don't know too much about him."
"That gold dust he gave you appears to be pretty good quality," suggested the stranger.
"It is," agreed the banker. "I suspect he found it in the water somewhere. They say there's still some out there, but it's difficult to locate and hard on your back to retrieve. If he's found some, good for him. I doubt if he's found much. He's not a wealthy man, that's for sure."
The stranger nodded his head in understanding although he did not share the banker's opinion. He suspected that the miner owned more gold than the banker surmised. As the banker placed fifty dollars in coins onto the counter, the man counted his money carefully before placing it into his pants pocket.
"Thanks," said the stranger as he nodded his head while turning toward the door.
"You're welcome," replied the banker. "Have a good day,"
The stranger stepped outside the bank and looked up and down the street for any sign of the miner. He noticed a horse and a pack mule standing side by side at the hitching rail outside the general store. Those must be his, the stranger thought to himself. The miner had to be inside the store, spending the money that he had just obtained from the bank. The stranger was already in the early throes of concocting a plan. The first step would be to follow the man from town to determine exactly where he lived. Once that was known, a firm plan of action could be developed.
Avery arrived home that afternoon where he put away the supplies from town after locking the horse and the mule inside their corral. He did not anticipate having to return to town for at least the next six weeks or so. He did not like going to town. He was pleased to have that chore behind him again for the time being. He was eager to get back into his routine.
The next couple of days were long and uneventful as Avery worked on the gold vein in the mornings and panned for gold in the afternoon. On the third afternoon, he was surprised to hear a horse neigh several times in the general vicinity as he sat on the stool in the shallow riverbed. He was working approximately three-quarters of a mile to the west of his property. The sound of the horse was emanating from further west, the opposite direction from the corral where his own horse was secured. Feeling uneasy and suspecting that he was being watched, Avery vacated the water earlier than usually and headed home. He took an alternate route through the woods, avoiding the riverbank where he could be more easily followed. He intended to be cautious in the days ahead. He would guard his property as might be necessary. He would stay away from the gold vein and out of the river until his concerns had passed and he felt more comfortable. He had always felt safe living in this location. He hoped that this feeling would continue in the future.
As he arrived home, Avery was distressed to find the door to the cabin wide open. It appeared that someone had been there during his absence. Carefully, Avery entered the building and finding no one, he quickly scanned the interior. He was surprised to find nothing amiss. His loaded weapons were still in their designated places. He checked the four hiding spots and found that his gold was still stashed and undisturbed. He now wondered if he had perhaps neglected to close the door when he had left for the river earlier in the afternoon. That would have been out of character for him. He doubted that he had, especially not in this cold weather. Unfortunately, he really could not be certain. This event concerned him and affirmed his belief that he needed to remain vigilant. He was determined to do so.
Two days later with no incidents having occurred and still not seeing any strangers near the property, Avery decided to venture back to the river to pan handle. He was anxious to concentrate on his work and to relax his troubled mind. However, upon returning to the cabin that evening, he unexpectedly encountered two of his Indian friends in the woods. Avery was pleased to see them, and he gestured hello with his right hand. The Indians gestured in return. Their demeanor was friendly as usual, but their bodies appeared tense, and their faces contained expressions of apprehension. Something appeared to be wrong.
"Yesterday. We see man at house. He open door. He see us. He run to woods," said one of the Indians. This was the same brave who had suffered the ankle injury years ago.
Avery nodding his head in understanding, immediately feeling the same apprehension as his visitors. He was relieved to know that it was not he who had left the cabin door open, but he was distressed to learn that somebody else had attempted to enter his home. Avery surmised that this stranger would quite likely attempt to break into the cabin again.
"He come back," said the Indian. "Four men. We see by river. Two hold long guns. All have small guns." The brave motioned toward his hips as he spoke. "Bad men," he said in a foreboding tone. "Bad men. Much trouble."
"Thanks for the warning," said Avery stoically, acknowledging the information. "I guess I'd better head home and get ready for company." He tried to hide his concern as he spoke, but it was difficult for him to do this. He was already feeling very anxious.
"Go home," agreed the Indian. "Stay in house. We hide outside. We help you."
"I'd be much obliged," replied Avery gratefully. "I can really use your help. Thanks."
The other brave loudly whistled a signal. Apparently, there were other Indians in the area. Avery and the two braves walked together until they reached the cabin. Immediately upon arriving there, Avery climbed into the corral and led the horse and the mule into the small barn for safety. Once the animals were inside, he closed the door and fastened it securely. Hopefully, if gunfire was to erupt, no stray bullets would penetrate the walls of the barn. Avery dreaded the probable consequences should that happen.
As Avery left the barn and its adjacent corral, he noticed that three additional Indians had joined their tribesmen in the yard. Avery was familiar with these men, too. After a short meeting, a strategy was decided whereby Avery would defend the cabin from inside the building. He would take position with his handguns behind the cabin window. He would also have his shotgun with him, and he would be prepared to blast anyone attempting to enter through the front door. The five Indians dispersed throughout the yard and assumed positions in the adjacent trees and underbrush. Avery had noticed that none of them was equipped with a rifle. Nevertheless, they were all armed with a stringed bow and carried a supply of arrows in a quiver. Although the antagonists were said to be well armed, Avery believed that this group of six defenders would be more than a match for them. He was not anxious for a fight, but he was confident that they were as prepared as could be under these unexpected circumstances.
It was early evening when the four outlaws arrived at the cabin, quietly stepping out of the trees behind the building and moving into the yard. Since there were no doors or windows on the back of the building, they moved to the front of the structure. They surveyed the area quickly and believing that they were alone, they prepared to begin their assault. They moved their guns into ready position.
"Hey, you inside," shouted the leader, the man who had previously seen Avery in the bank. "Come out with your hands up, old man. Bring your gold. Do what we tell ya and ya won't get hurt. Don't make no trouble for yourself."
Avery carefully peeked through the open window. It contained no glass. It was covered by closed wooden shutters. There was a small seam between the shutters which enabled him to see his adversaries without being seen by them. Avery vaguely remembered seeing the speaker in town a few days earlier. He recognized the grey Stetson and the dark clothes. Had the man been in the bank? The general store? Avery could not recall for certain.
"Looks like I've already got me some trouble," shouted Avery in response. "I ain't goin' nowhere. Y'all need to leave. Just go! We can forget this ever happened."
The speaker did not reply. Instead, the four outlaws aimed their weapons at the cabin window and commenced to fire. Eight or ten bullets pummeled the wooden shutters, damaging them considerably. Avery ducked his head to protect himself. He was unnerved by the barrage.
As soon as the gunfire stopped, Avery pointed his handgun through the shutter seam and fired a single shot in return. The bullet whistled past the speaker's head, missing by mere inches.
"That was my warning shot," hollered Avery. "The next one goes between your eyes. Go away! Now! This is your last warning."
Avery watched as the speaker motioned angrily to one of his colleagues. This man had a bundle of rags wound tightly around a wooden stick. These rags had been soaked in kerosene or some other flammable substance. The man, wearing a leather glove on one hand, proceeded to light the rags with his cigarette. He was obviously intending to start the cabin on fire. If the cabin began to burn, Avery would have no option except to vacate the structure quickly. The only exit was the front door. He was certain that he would be shot and killed as soon as he left the building. The outlaws apparently intended to retrieve the gold from the ruins once the fire had burned itself out.
The outlaw lifted the stick containing the burning rags with his gloved hand, intent on throwing it onto the wooden roof of the cabin. As his arm reached behind his shoulder to begin this throwing motion, the sound of an arrow could be heard whizzing through the air. The man screamed in pain as the arrow entered the back of his right leg above the knee, directly behind the thigh muscle. The wound was deep. The man screamed in pain and inadvertently dropped the rags, setting his pants on fire. The man yelled in terror as he rolled on the ground in a vain attempt to smother the flame. Soon all his clothes were burning. Simultaneously, additional arrows began to fly through the yard from all directions, hitting the other three outlaws and dropping them to the ground. No further shots from Avery's gun were necessary. The ambush was over within seconds as two outlaws lay dead on the ground with the two others significantly wounded. One of the deceased was the stranger with the grey Stetson. As Avery exited the cabin, he was amazed at how quickly the outlaws had been defeated as well as by the carnage now on the ground. His Indian friends had saved his life, his home and his possessions. His gold remained safely hidden inside the cabin. He already felt tremendously indebted to them.
While Avery guarded the two wounded men, the Indian braves retrieved the outlaws' horses from the riverbank where they had been strategically positioned. The two deceased outlaws were tied onto the backs of their horses. The charred, naked body of the burned man was covered with a blanket. The two wounded men were helped onto their horses where their hands were tied to their saddles and their feet were tied to their stirrups. Avery gratefully thanked the Indians for their help. The braves were pleased to have been able to assist their friend. As the Indians left the property on foot headed for home, Avery mounted his horse and accompanied the outlaws back to town. Upon arriving at the sheriff's office just before dusk, Avery met with the sheriff and reported in detail what had transpired earlier that evening. The bodies of the two dead outlaws were taken to the town cemetery where they would be buried early the next day. The two surviving outlaws were treated by the town doctor for their wounds before being transferred to the town jail. They would be tried for their crime when the circuit court judge next came to town. Avery would be required to testify in court. There was little doubt that the two men would be found guilty and subsequently sentenced to the territorial prison in Canon City. Avery looked forward to getting this entire matter behind him. He was anxious to return to his simple, normal life.
In speaking with the sheriff, Avery convinced the lawman that he was a relatively poor man who had accumulated a few gold pebbles while panhandling in the river. He stated that the amount of gold in his possession was not nearly enough to warrant anybody stealing it. The idea was ridiculous. There definitely was not enough gold for anybody to risk his life trying to take it. Weeks later, Avery gave this same testimony to the circuit court judge. The two surviving outlaws were found guilty and sentenced to ten years in prison. Avery expected no further trouble. By this time, the local opinion was that Avery was an eccentric hermit who was best left alone. Although it was believed that he had little of value on his property, the consensus was that he was willing and capable of protecting what little he had. He also had a powerful ally in the local Indian tribe. Except for acquiring two dogs to assist him in guarding his property, Avery soon returned to his simple life as a self-reliant, hardworking and honest man. Meanwhile, his private stash of gold continued to slowly grow. He honestly did not know if he would ever need it. He did know that it was rightfully his and he did not expect to be spending much of it anytime soon.
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