Sim Howlett made no comment, but simply observed, "I expect you will find us here." But just as Bill was starting the doctor put his hand on his arm and said, "Don't do anything hasty, mate. You see you made rather a mess of your life by putting your foot down before when it seems there was no occasion for it. There is never any good comes of making up your mind in a hurry when there is no need for it. When you see a man slipping his hand round towards his back trouser-pocket, I allow that is not the time for thinking. You have got to act, and to act mighty sharp too, or you will get a bullet in you before you have drawn; but in a thing of this sort it makes no difference whether you decide now or six months hence. You need only write and say that you are found, and ask for particulars and so on, and when you have got them you can take your time about giving an answer. Many men before now have refused a good thing and been sorry for it afterwards. Your brother, according to your own account, has acted kindly and well towards you. Why should you refuse what he wished you to have, merely because you think that it ought to have come to you in the first place? That is all I have to say, Bill;" and he walked slowly back to the tent, while Bill started at a steady pace up the long steep hill from the gulch to the plateau above, along which ran one of the principal roads from Sacramento through the mining district.
"We shall miss him, Sim," Limping Frank said as he and his mate lighted their pipes after their meal that evening. "It seems kinder lonely without him after sitting down regularly for two years now."
"He ain't gone yet," Sim growled, "and I don't think as he is going. What Bill said he will stick to, you bet."
"Oh, yes! he means what he says, Sim. Bill has gone away from here with the fixed idea of going down there, writing a letter or two, coming back here, waiting for his money to come over, investing it in a farm, and going on working with us just as before; but, bless you, it is one thing to make up your mind and another to carry it out."
"What is to prevent his carrying it out, doctor?"
"Lots of things, Sim. When a man once gets mixed up in a will, or in any kind of law business, he ceases to be a free agent."
"Ceases to be what, doctor?"
"Well, he ceases to be his own master. Bill thinks he has only got to go into a lawyer's office, and say, 'Here I am. I am the chap mentioned in that advertisement. I dare say my brother has left me a good lot, but I don't want it. Just write and tell them to send me on five thousand dollars, that's all I want out of it. I am going back to Sacramento to-morrow. When the money comes pay it into the bank there for me.' Then he thinks that he will have a day's spree at Frisco, and come back by steamer next day."
"And why shouldn't he? What is to hinder him?"
"Well, it won't be like that, Sim, at all. When he goes in and says 'I am William Tunstall,' the lawyer will say, 'I am heartily glad to see you, sir. Allow me to congratulate you;' and he will shake Bill by the hand, and Bill will say to himself, 'This is just as it should be. Five minutes will do this job. I will go out and look up two or three friends who are in from the mines, and we will have a bottle of champagne a-piece over this business.' Just as he has thought that over the lawyer will say to him, 'Of course you are in a position to prove that you are the Mr. Tunstall advertised for.' Bill will say, 'Oh, yes! here are my brother's letters.' Then the lawyer will smile and nod and say, 'Most satisfactory,' and then he will add, 'Of course, you are in a position to prove that you are the person to whom these letters were sent? Of course, I don't doubt it for a moment, but letters do get lost, you know, and fall into other people's hands. In a matter of this kind we must proceed in a legal and business way.' Then Bill will say, 'Of course, I can prove that. There is Sim Howlett and Frank Bennett, my mates. They know I am Bill Tunstall.' 'They knew you before you came out here, I suppose?' 'Oh, no! but they have known me for two years.' 'Known you as William Tunstall?' 'Yes, of course,' Bill will say, beginning to get riled. Then the lawyer will point out to him that we can only say that he called himself Will Tunstall, and that as the last of these letters he has got is dated earlier than that it comes to the fact that there is only his word to go upon, and that the law requires very much stronger proofs of identity than this. Then Bill will get mad, and will say the money can go to the deuce, and that he sha'n't trouble any more about it."
"What then, doctor?" Sim Howlett asked as his companion stopped.
"Ah! well, that I cannot say. He may come straight off without doing anything more, or the lawyer may get him to talk it over. As to that I cannot say; but you may be quite sure that if Bill is to touch a penny of the money left to him he will have to go back to England to prove who he is, and it is like enough he may not succeed when he gets there. By what he says he was only at home just occasionally during his school holidays. He was little more than a boy when he left, and after twenty years' knocking about on the plains and here it is like enough he may not be able to find a soul to recognize him."
CHAPTER II.
TERRIBLE NEWS
WILLIAM TUNSTALL returned to Cedar Gulch the very day upon which his mates began to expect him. Having finished up the work in their claim on the previous day they strolled up the hill to meet the coach on the chance of his coming.
"Well, mate, how goes it?" Sim Howlett asked.
"Well, it doesn't go at all, Sim."
"How is that?"
"Well, the lawyer was civil, and all that, but if I had let him he would have made me believe that I was not Will Tunstall at all. I showed him my brother's letters, which ought to have satisfied anyone, and he hinted that these might have come into my possession anyhow, that Tunstall might be dead, or that his kit, with these letters in it, might have been stolen."
"That is the very thing the doctor said he would be after," Sim Howlett exclaimed in great admiration at the latter's perspicacity.
"I suppose he didn't say he thought so, Bill?" the doctor asked.
"No, he knew better than that, doctor. He kept on saying that he was quite satisfied, but that other people wouldn't be satisfied. Then he asked about references, who could I refer to? Could I refer to anyone who had known me as William Tunstall before the date of these letters? I said that I had been knocking about on the plains and doing trapping and Indian fighting for years, and that I was known as English Bill, and that I did not suppose there were half a dozen fellows ever did know my name, and that, for aught I knew, they had all been scalped, shot, or hung long ago. He said, in that case I should have to go to England to prove my claim. I said I would see the claim at the bottom of the sea first, and then I left him.
"I met some fellows, and made a night of it, but in the morning the lawyer turned up at the hotel just as I had finished breakfast. I had told him the hotel where I was staying. He said it was no use being hasty. I said I wasn't hasty, and we were near having a row again. Then he said that he had only had instructions to find me, and did not know how much was left me under the will, or anything about it, except what he had put in the advertisement. At any rate he would write to the people who had instructed him in England and tell them that a gentleman representing himself to be William Tunstall had called, and that he possessed letters from the late Mr. Edgar Tunstall. That in the present state of affairs I declined to make the voyage to England for the purpose of proving my identity, but that he had my address, and could communicate further with me upon receiving instructions from them.