He was yet free and he held a sword in his hand.

One of the men who was holding Jim Hart suddenly kicked him to make him keep quiet, and Paul's wrath blazed up under the double incentive of the blow and the sneering face of Francisco Alvarez.
The lad rushed forward, sword in hand, and one of the soldiers raised his musket.

Alvarez pushed the weapon down.
"Since this young rebel wants to fight, and has a stolen sword of mine in his hand," he said, "he can fight with me.

I will give him that honor." So speaking Alvarez drew his own sword and held up the blade to the light until it glittered.

A shout of approval arose from the soldiers, but Long Jim cried out: "It ain't fair! It ain't right to take one uv your kind uv weepins an' attack him! It's murder! Let me loose an' I'll fight you with rifles." "Have you got that ruffian securely bound ?" asked Alvarez.
"Yes," replied one of his men.
"Then I'll teach this youth a lesson, as I said." Paul had stopped in his rush, and suddenly he became cool and collected.
"Don't you be afraid for me, Jim," he said.