by Connie Mason
A collective gasp could be heard throughout the courtroom as Marshal Pringle approached the judge and whispered something to him. The judge listened intently, then nodded.
“The jury is to disregard Miss Cowling’s last statement. Miss Kathryn Lowry has already been cleared by a member of the Barton gang,” the judge directed. “You are dismissed, Miss Cowling.”
“Wait a minute!” Teresa exploded. “I saw Ryan leave the ranch early on the day of the attempted robbery. I think he rode out to join the Bartons. He probably met up with them outside town.”
Ryan shot to his feet. “I strongly protest Miss Cowling’s testimony, Judge. She knows damn well why I rode out that morning. She has already lied once and can’t be believed.”
“Sit down, Delaney,” Pringle said. “You’ll get your turn in a few minutes.”
“You may return to your seat, Miss Cowling,” the judge said.
She left in a huff, casting a spiteful glance at Kitty on her way back to her seat.
Next, the men the marshal had deputized the day of the attempted robbery testified individually as to Ryan’s involvement. Each man swore he saw Ryan ride into town with the Bartons. As the last man finished his testimony, the judge took out his pocket watch again and scowled at the advancing hour.
“What does the defendant have to say?” he asked abruptly. “Do you have witnesses willing to testify on your behalf?”
Ryan knew he could say nothing about his reasons for being with the Bartons without implicating Kitty. Though Kitty had been cleared by Durango, that didn’t mean the judge wouldn’t examine her past more fully were he given cause to do so.
“The only witness I wish to call is myself, Your Honor,” Ryan said. “I had hoped my brothers would arrive in time to testify on my behalf, but they had a long way to go and travel is precarious in this part of the country.”
Ryan’s heart nearly stopped when he heard Kitty say, “I want to testify, Your Honor.” He swung around to face her, his expression bleak. Didn’t she realize he wouldn’t let her get up and tell the world about her involvement with outlaws?
“What about it, Mr. Delaney?” the judge asked. “Are we going to hear the lady’s testimony or not?”
“No, sir, I wish to disallow Miss Lowry’s testimony.”
“Are you sure?” the judge repeated.
“Very sure.”
“No! You can’t do that!” Kitty cried.
“Sit down, Miss Lowry, or I’ll have the bailiff escort you from the courtroom,” Judge McFee warned.
“Kitty, please,” Ryan pleaded. “I know what I’m doing.”
“Sit down, Kitty,” Norm urged. “Do you want to be ushered outside?”
“But why won’t Ryan let me testify?” Kitty said with a sob.
“You know why, Kitty,” Ryan said softly. “Just let it go.” He turned to Tucker. “Keep her safe, will you, Tucker?”
Tucker nodded his compliance. “It’s for your own good, Kitty. I believe Ryan loves you as much as you love him.”
His words offered Kitty little comfort as she took her seat.
“Well, what have you got to say for yourself, Delaney?” Judge McFee asked impatiently. “Say it now or I’ll send the jury out for a verdict.”
“I’d like to be sworn in, Judge,” Ryan said, stepping toward the witness chair.
“Very well, not that it’s going to make a smidgeon of difference.”
The bailiff stepped forward and swore Ryan in.
“I want the jury to know that I never actually rode with the Bartons,” Ryan testified. “I knew them but did not join them in any of their robberies. I met them outside town the morning of the attempted robbery and was forced at gunpoint to join them. They said they were shorthanded and needed another gun.
“I’m not an outlaw, I’m a rancher from Montana. I had no intention of robbing the bank that morning. I was attempting to sneak away when the marshal’s posse ambushed the gang and wrongly assumed I was one of them.”
“Can anyone verify what you’ve just told me?” the judge asked.
“My brothers, but they haven’t arrived yet.” Ryan did not mention Bert Lowry. The man was too ill to be dragged into court. A trip to town would probably kill him, and Ryan had enough on his conscience without adding Bert’s death to the list.
“Very well, you’re dismissed. The jury will leave the room until they reach a verdict. I’d appreciate a short deliberation,” he instructed.
Ryan glanced at the twelve surly men who made up the jury and knew his fate was sealed when he saw them put their heads together and nod in unison.
The foreman of the jury stood. “Hell, there ain’t no need for us to leave the room, Judge. The man is guilty and that’s our verdict.”
The judge smiled. “Once again justice prevails. A guilty verdict demands but one punishment,” he intoned solemnly. “Two weeks from today, Ryan Delaney will be taken from his cell at high noon and hung from the neck until dead. May God have mercy on his soul.” Then he banged the gavel on the table, bringing the proceedings to an end.
Ryan was seized and hustled through the cheering crowd before he could speak to Kitty. He saw her stricken face in passing and wished he’d had time to tell her how much he loved her. Then he saw Tucker place his arms around her and knew she would be in good hands after he was gone.
Kitty’s world spun upon hearing the guilty verdict. She wanted to scream, to rant, to make someone pay for the injustice done to Ryan. She looked at Teresa, her eyes dark with fury. If it was the last thing she did she’d make damn sure Teresa paid for her damaging testimony. When Ryan was dragged past her she tried to follow, but Tucker’s arms held her firmly in place.
“Let me go!” Kitty cried. “I have to go to him.”
“Later,” Norm said, ushering her out the door and away from the crowd that was milling outside the saloon to hash over the trial. “You’re in no shape to talk to Ryan right now. Let me take you home. You can come back tomorrow.”
Kitty started to protest but knew Norm was right. She was too upset to see Ryan right now. She allowed Norm to guide her to where their horses were tethered and to help her mount.
“Teresa’s horse is gone,” Kitty said, suddenly realizing there were only two horses where there should have been three.
“She lit out right after the verdict. She’s probably halfway home by now.”
Kitty’s face hardened. “There’s nowhere she can go to escape me.”
“Kitty, don’t do anything you’ll regret later,” Norm pleaded. “Think of Bert. Let him die in peace.”
“Ryan is going to die,” Kitty cried, “and you expect me to do nothing? Teresa lied on the witness stand.”
“Truthfully, I doubt Teresa’s testimony hurt Ryan. The evidence against him was overwhelming. There isn’t a jury in the country that wouldn’t convict him on the evidence presented, with or without Teresa’s testimony. Come on, let’s go home.”
Kitty felt dead inside. How could justice be so blind? Any fool could see that Ryan wasn’t an outlaw. Kitty couldn’t imagine a world without Ryan in it. Even if he never made a commitment to her, at least she’d have the satisfaction of knowing he was alive and well.
Norm rode to the ranch with Kitty and left immediately to return to his children. Kitty entered the house and went to find Rosita. She found the cook in the kitchen, rolling out pie dough.
“Oh, Kitty, I’m so glad you’re home,” Rosita cried, her round face filled with compassion.
“How is Bert?” Kitty asked with little enthusiasm. She felt nothing beyond the pain of knowing that Ryan was going to die in two weeks.
“As well as can be expected. Maybe a little better than yesterday. I heard what happened in town, Kitty. Teresa told me.”
Kitty dissolved into tears as something inside her broke loose, allowing her grief to burst forth. “Ryan is going to hang, Rosita. The jury didn’t even pretend to deliberate, they had him tried and judged guilty before his trial began.
Ryan’s brothers failed to arrive in time, and even if they had I doubt their testimony would have changed anything.”
“Teresa said the evidence against Senor Ryan was overwhelming,” Rosita lamented.
“Teresa!” Kitty spat. “She helped convict Ryan. She couldn’t stand it that Ryan preferred me to her and exacted revenge by skirting the truth on the witness stand. She even tried to connect me to the Barton gang. By the way, where is my conniving stepsister?”
“Here I am,” Teresa said from the doorway.
Her voice fueled a rage in Kitty that burned out of control. With a cry of fury, she flung herself at Teresa, knocking her to the floor. Kitty got in a couple of good punches before Rosita pulled her off.
“Kitty, Dios, don’t,” Rosita cried. “Think of Senor Bert. He’s in his bedroom right now, wondering what’s going on. Do you want to kill him?”
With difficulty, Kitty pulled herself together and backed away from Teresa.
“Don’t touch me again,” Teresa said, taking a shaky step backward. “I’ll tell Papa Bert everything and you know what that will do to him.”
It was almost as if Teresa knew exactly what to say to cool Kitty’s rage. “You’re not off the hook yet, Teresa,” Kitty vowed. “One day you’ll pay for lying about Ryan.”
“That day will never come,” Teresa sniffed. “When Papa Bert dies I intend to contest his will. My lawyer is already working to prove you’re an imposter.”
“Get out of my sight,” Kitty snarled. “I have half a notion to tell Bert myself what you’ve done.”
“Go ahead,” Teresa smirked. “I dare you.” Having had the last word, she turned on her heel and flounced off.
Rosita handed Kitty a cup of coffee and urged her to sit down until her temper cooled. Kitty took her advice, sipping the coffee and imagining the various kinds of torture she’d like to inflict on Teresa. When she’d calmed enough to face Bert, she left the kitchen and entered his room. To her surprise she found him sitting by the window.
“Father, what are you doing up? Does the doctor know?”
“Aw, Kitty, don’t scold. That sawbones don’t know everything. I’m not ready to check out yet. I need to talk to Ryan. Has he returned yet?”
Kitty desperately wanted to tell Bert about Ryan’s difficulty but didn’t dare until she cleared it with the doctor. She intended to make a special effort to visit the doctor tomorrow when she returned to town to see Ryan.
Kitty left the house the following morning before either Bert or Teresa awoke. She hated fielding Bert’s questions with lies and left early to avoid them. She arrived at the jailhouse just as the marshal was strolling back to his office from a local restaurant. He tipped his hat.
“What can I do for you, Miss Lowry?”
“You can let me see Ryan Delaney,” Kitty said, grimly determined to have her way this time.
“Come inside,” Pringle invited, opening the door to his office and ushering her inside.
“I won’t take no for an answer,” Kitty persisted.
“You’re a mighty determined young woman,” Pringle observed. “Very well, you can visit the prisoner. No harm can come from it now. Wouldn’t be Christian to deny a condemned man visitation rights.”
Kitty’s heart soared. She was so happy that she could have kissed the marshal. “Thank you. Can I see him now?”
“Just as soon as I unlock the door,” Pringle said. He gave her a shrewd look. “You don’t have any weapons on you, do you?”
“No, sir,” Kitty said. Actually, she had thought about smuggling in a gun but feared Ryan would be killed during an attempted jail break. “There are no firearms concealed on my person.”
“Very well,” Pringle said, moving aside so she could proceed to the cell area. “I’ll let you know when your time is up.”
Kitty hurried down the passage, past Durango’s small cell, to Ryan’s. Her heart went out to Ryan when she saw him sitting on the bunk, his shoulders slumped dejectedly.
“Ryan.”
He leaped to his feet. “Kitty! You shouldn’t be here.”
“I have to be here. Have your brothers arrived?”
He approached the bars, and Kitty was appalled when she saw his face. He had appeared drawn and pale at his trial, but he looked even worse today.
“Are they feeding you?” Kitty asked, alarmed at his apparent loss of weight.
“Three times a day. The food can’t compare with Rosita’s cooking, but it’s adequate.” He fell silent, then blurted out, “Kitty, I’ve thought a lot about this and I want you to accept Tucker’s proposal. He’ll take good care of you and the ranch after Bert is gone.”
Hands on hips, Kitty faced him squarely, her chin raised pugnaciously. “Damn you, Ryan Delaney! I know you ain’t a lily-livered coward. I won’t let you give up without a fight. You’ve got too much to live for. Your brothers would be appalled at your attitude. Where are your balls?”
Ryan grinned despite himself. “Exactly where they belong, love. I’d show you if I could.” The low rumble Kitty heard in his chest could only be laughter. “You’d better not let the marshal hear you talk like that or he’ll suspect you really are Kit,” Ryan went on, still chuckling. “I kind of miss that feisty little wildcat.”
Kitty reached for him through the bars, bringing his face close to hers until she could reach his lips. “I haven’t changed all that much, Ryan. Kiss me.”
She groaned when their mouths touched, and his moved hungrily over hers, as if he couldn’t get enough of her… as if he was bidding her good-bye. Kitty was determined not to let him lose heart.
“Do you have a plan for your brothers when they arrive?” she asked, trying to instill hope in the man she loved.
“Nothing has come to mind,” Ryan admitted. “I’m not even sure they’ll arrive before…” His sentence trailed off.
“They’ll be here, I know they will,” Kitty said fiercely. “I love you, Ryan, you’re not going to die.”
“Forget my brothers for a moment, there’s something I want to say to you. Maybe next time you come the marshal will refuse to let you see me and this has to be said.”
“If you’re going to tell me again to accept Norm’s proposal, forget it. I don’t love him.”
Ryan clasped her hands through the bars and brought them against his heart. “I never thought I’d see the day when I was ready to make a commitment to a woman. Now that it has arrived I can do nothing about it. For what it’s worth, Kitty, I love you. I reckon I fell in love with you the day I realized you were a woman and not a foulmouthed lad with a chip on his shoulder. I couldn’t believe no one saw through your disguise. I’ve been lying to myself all these months, denying my heart’s desire because I was too stubborn to admit I could fall in love.”
Kitty’s smile lit up her face. “You love me?”
“Didn’t I just say so?”
“I knew it all along,” Kitty said smugly. “I’m sorry you didn’t realize it sooner. Do you love me enough to marry me?”
“I love you enough to spend the rest of my life with you,” Ryan said solemnly.
Stunned into silence, Kitty stared at him, painfully aware that Ryan’s life could end in less than two weeks, depriving them of a lifetime of happiness. Ryan fell silent too, apparently having come to the same conclusion. Tears of remorse trailed down her cheeks and she dashed them away, determined to remain cheerful despite her aching heart.
“What can I do for you?” Kitty asked in a shaky voice. “Against all odds Bert appears to be improving. Perhaps I should tell him the truth. Maybe he knows someone who can help you. He’s an influential man in the territory.”
“What does the doctor say?”
“He says Bert’s condition is critical. Another upset could kill him. God, Ryan, I’m so torn! I don’t want to kill Bert but I don’t want you to die, either.”
“The choice is mine to make, Kitty,” Ryan said slowly. “Don’t tell Bert. Let him enjoy the time he has left in this world.�
��
“I don’t know how much longer I can lie to him about your absence. He’s no fool. He’s beginning to suspect something is amiss.”
“Tell him I returned to Montana,” Ryan advised. “And tell him… tell him I decided not to take him up on his offer. He’ll understand what I’m talking about. That should stop his questions. What about Teresa? Can you trust her to keep silent about all this?”
Kitty’s mouth flattened. “One word from that lying bitch and I swear I’ll skin her alive.”
“Still the fierce little wildcat,” Ryan said fondly. “That’s one of the things I love about you. As far as I’m concerned Teresa deserves to be skinned alive, but we have to think of Bert. Threaten her all you like but I strongly advise against skinning her. She’s already proven how vindictive she can be. I fear you’re going to have a battle on your hands after Bert dies. Teresa is determined to keep you from inheriting.”
“I know, she already has a lawyer working to disprove my relationship to Bert.”
“Honey, when my brothers get here, tell them about Teresa and let them take care of her. They won’t let you down.”
“That won’t be necessary,” Kitty said with more confidence than she felt. “You’re going to be around to help me fight Teresa’s claim.”
“I wish I had your conviction,” Ryan said, pulling her close so he could kiss her again. “This isn’t exactly how I want to kiss you but it will have to do until these bars dissolve,” he quipped.
He kissed her then, moving his mouth over hers with such tenderness that Kitty felt as if her heart were weeping. She clung to him as he deepened the kiss, cursing the bars that separated her from the man she loved. She wanted to feel his heart beating against hers, bare flesh against bare flesh. She wanted to run her hands over his hard body, feel him moving inside her, hear his cries of completion when his seed left his body.
She clung to him long after he broke off the kiss, fearing to release him lest this be the last time she would hold him. She didn’t let go until she heard the marshal clear his throat.