"I will tell you the story," the Englishman said. "I would have told it to you long ago, only there was nothing in it to tell you. It was just what has happened ten thousand times, and will happen as often again. My father was one of the largest land-owners in Cumberland. I was his eldest son. We never got on well together. He was cold and haughty, a hard landlord, and a despot at home. We should have quarrelled earlier than we did; but I was sent to Rugby, and often did not even come home for the holidays, for I had a good many friends in those days. I went back when I was eighteen, and was to have gone to college a month or two later. I made a fool of myself, as boys do, and fancied I was in love with one of our tenants' daughters.
"Some meddling busybody – I always thought it was the parson's wife, for she drove along one evening just as I was saying good-bye to the girl at the stile – told my father about it, and there was a frightful row. For once he got in a passion, and I lost my temper too. It was really a harmless flirtation, I think, and would have died out when I went off to college. However, when my father swore that if I ever spoke to her again he would turn me out of the house, I said he might do as he liked, and that I would marry her when I came of age. He ordered me to leave the house and never see his face again; said that I was no longer his son, and might go to the devil, or words to that effect. So, being just as obstinate in my way as he was in his, I went, and never did see him again. Of course, I went first to see the girl. She was frightened out of her life when she heard of what had happened, said that her father would be turned out of his house, and all sorts of things, and at any rate she would have nothing more to say to me.
"So I walked to Liverpool, and took my berth in the first sailing ship to the States. My brother Edgar, who was two years younger than I, was away at the time. We had always been capital friends. Ten years later, when my father died, he advertised for me, and, the name being an uncommon one, someone pointed it out to me, and I answered. He wrote most affectionately, and lamented that our father had died without forgiving me, and had not only cut me entirely out of his will, but had, knowing his affection for me, inserted a clause that should he endeavour to alter the purport of the will, or to hand over by deed or otherwise any part or share of the estates to me, the property should revert at once to a distant relative. Edgar said, however, that he had consulted his lawyers, and they were of opinion that this clause in no way affected his power to dispose of his income drawn from the estate, and that he proposed to share this equally with me.
"I wrote back that while I was obliged to him for his offer I should not accept it, for, as the property was not entailed, our father had a perfect right to leave it as he liked. He had left it to him, and there was an end of it. We exchanged several letters, but I was just as obstinate as my father had been. I was too busy or too lazy for letter-writing. Somehow no one writes here, and then one is constantly on the move. Anyhow, I had one or two letters from him which I never answered. The last was three or four years ago. And now he is dead, and I suppose has left me some of the property I would not take during his lifetime. Of course I was a fool, and an obstinate fool, all along, but one never acknowledges this until it is too late."
The others made no remark for some time.
"Well, anyhow, Bill, you ought to go down to Frisco and see this lawyer."
"I will think it over," the other said as, after relighting his pipe, he lay back on the blankets again; "there is no hurry for a day or two."
No further mention was made of the matter until the claim was cleared up, but that evening Bill returned to the subject. "I have thought it over, and I suppose I had better go down to Frisco. I don't think I shall take this money. I should be like a fish out of water in England, and should be miserable there. If I take anything it will be a thousand pounds or so. I should sink that in buying a snug little place on the foothills, and I should put somebody on to work it and plant it up with fruit-trees or vines, or that sort of thing, and then some day when I get too old for knocking about I shall settle down there; and I needn't say that my home will also be yours, mates. I sha'n't be much more than a week away. I shall come back here, and if you hear of anything before I return leave a line with the store-keeper telling me where you are off to. I have my kit packed, and if I start in half an hour I shall catch the night coach as it comes along past the top of the gulch."
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