by Mike McNeff
Jasper wanted to grab that tie around Moore’s neck and squeeze until that smirk faded to nothing.
“Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?”
“I do.”
“You may take the stand.”
The prosecutor stood and walked to the witness chair. He seemed to have gotten control of his shaky hands. “Mr. Moore can you please tell the jury where you were on May 17, 1873?”
“Yes sir, I was camping on the trail with my friends.”
“And where was your camp located?”
“Just this side of the county line, along Arlington Creek.”
“Were you in Kent County?”
“Why yes, sir.”
“And what, if anything, occurred while you were there?”
“We was ambushed.”
“What happened?”
“Well, Jasper Lee there started shootin’ and killed a bunch of my friends.”
“Are you referring to the man sitting at the defense table?”
“I sure am!”
“Your honor may the record reflect the witness identified the defendant?”
“So ordered.”
“Mr. Moore, what did you do when the shooting started?”
“What any smart man would do. I high tailed outta there.”
“Thank you, Mr. Moore.” The prosecutor turned to Jasper. “Your witness, Mr. Lee.”
Jasper hesitated. He had no idea what to do except ask questions. He knew Moore was lying about the location and he knew Moore never saw him. The only truthful thing Moore said was that he ran as soon as the shooting started. Jasper decided to start from there.
“Mr. Moore, where did you go when you ran?”
“I came here, to Kentville.”
“Did you report the ambush to the sheriff?”
“Hell yeah!”
“Right away, I take it.”
“Yep.”
“How did you know it was me?”
“I saw you.”
“Where was I?”
“You was up on the mountain.”
“What mountain?”
Moore shifted in his seat and ran the back of his hand across his mouth. “I don’t know the name of it.”
“Ain’t that because there ain’t no mountains this side of the county line?”
A murmur swept through the gallery and at the same time the prosecutor rose to his feet. “Objection! The defendant is badgering the witness, your honor.”
“Sustained.”
“What does that mean?”
“It means I agree with the prosecutor.”
“Since when is gettin’ at the truth badgering the witness?”
“When I say so, Mr. Lee!”
“He’s being railroaded!” A voice cried out from the gallery.
“Yeah!” A swell of angry voices began to rise.
“Order! order! Sheriff, clear the courtroom.”
“Everybody out!” The sheriff yelled as he and his deputies herded people toward the door. The gallery was emptied, but it didn’t stop the flow of heated comments.
Jasper turned to the jury. Some of the men were looking down at the floor. Others were fidgeting in their seats with ashen faces. A few were wiping sweat of their brows.
Apparently Governor Norris recognized the same effect. “All right, let’s get this over with!”
“Governor…” The judge tried to gain some respectability, but it was clear as day who was running this show.
“Shut up and get Morey on the stand!” Norris gave the court reporter a menacing look. “You better know what goes in the record and what doesn’t.”
The reporter nodded.
“Call your next witness, Mr. Prosecutor,” the judge said.
“The Territory calls Sheriff Morey Lock.”
Lock walked forward and took the oath.
“Take the stand,” the judge ordered.
“Sheriff,” the prosecutor began, “when did you become aware of the report of several men being murdered in the area?”
“When Bart Moore reported the crime.”
“What day was that?”
“I don’t know the date but it was a couple of days after the murders.”
“What did you do?”
“I took a couple of deputies and went to where the murders occurred.”
“Where was that?”
“Where Bart said it was.”
“What’d you see?”
“A bunch of dead bodies, all shot.”
“What was the evidence that led you to believe Jasper Lee committed the murders?”
“What evidence do you need? Jasper Lee is the only one who could’a done it.”
The prosecutor stood silent for a minute, then he turned to Jasper and said, “Your witness, Mr. Lee.”
“Thanks. Sheriff, can I see the notes you took at the place where these murders took place?”
“I don’t need no damn notes. I know what I saw.”
“Where was each man shot?”
Lock looked at the governor and then at the prosecutor. “My deputies did that work,” he said through gritted teeth.
“Are the deputies who went with you in court today?”
“Uh, well, I don’t…” A panicked look formed on the sheriff’s face. “Ah, they’re both dead…I mean Twittle’s dead. Johnson is missing.” Beads of sweat formed on the sheriff’s forehead.
“Johnson is missing! Why aren’t you and your men looking for him?”
Lock’s stare was hard and threatening.
“Actually, you’re lying aren’t you, Sheriff?”
“That’s enough, Lee!” the judge bellowed. “Sit down. Mr. Prosecutor, start your closing argument.”
Bart Moore left the courtroom by a side door. The jury was disinterested in the prosecutor’s comments. The outcome of this trial was not in question.
Jasper considered his escape plan. He figured he would take action when the deputies took him to the gallows. The whole county would turn out as they always did for a hanging. His best hope now would be that when he made his move he would have allies in the crowd.
“Mr. Lee! Wake up and make you’re argument!”
Jasper rose to his feet. He looked at the governor. He looked at the judge. He looked at the jury. “I’m not guilty of murdering anyone.”
CHAPTER TWENTY-TWO
STAN LISTENED TO THE CITIZENS of the secret brigade report what they saw and heard.
Black Feather came in. “The governor’s men and sheriff deputies are spread all through the town, ready for trouble.”
“Good. They’ll get it, just not the kind they may be expecting. Make sure everyone is in place.”
Black Feather nodded and went out the door.
Stan looked around for Amos Scoville, but he found Doris in the kitchen.
“Amos just went in to work on our patient.” Doris pulled a loaf of delicious smelling bread from the oven. “Willis will need a little fixing up if he’s going to have enough strength to make it into town.”
“I was hoping Amos could go into town to find out what’s going on with the proceedings.”
“I know just the thing, Stan. Can you hook up the surrey for me? It’s in the back so you’ll not be seen.”
Stan had a flash of uncertainty about sending a woman into such a dangerous situation alone, but he needed to know what was going on. “Certainly.”
Doris came out wearing her bonnet and carrying her purse. “I just need to pick up something for dinner tonight.”
She winked and climbed into the surrey. “Tell Amos I’ll be right back.”
Maggie Colson and her daughter, Emma, walked briskly back from the courthouse carrying the remains of the lunch they had served the jurors. They entered her café and found Doris Scoville waiting.
“Maggie, did you see any of what’s going on in there?”
“Oh Doris, they are such horrible men. The governor is in there with them and th
ey are just jokin’ around. They don’t care about any evidence and such. They’re just goin’ to hang Mr. Lee.”
“I wonder why they’re doing it this way instead of just lynching Jasper.”
“I heard the governor say they had to make it look good, but Lord knows they ain’t foolin’ no one.”
“Someone said they was goin’ to hang Mr. Lee this afternoon,” Emma reported. “I thought it was good to hang him, Mrs. Scoville. He’s a bad man, ain’t he?”
“I know he is a gunfighter, Emma, but so far I’ve only seen him do good things.”
Emma’s eyes started to brim with tears. “Oh. I feel bad he’s gonna hang now.”
Doris patted Emma’s arm. “Don’t fret, dear. No one is going to hang today.”
Doris picked up her package and went home to tell Stan what she heard.
“Good work, Doris,” Stan said. “It’s time for me to show my face.”
The judge banged his gavel. “The defendant will stand.”
Jasper rose. During the time everyone was busy with the so-called deliberating, Jasper had moved his dirk from his moccasin to his sleeve.
The judge turned to the jury. “Has the jury reached a verdict?”
The foreman stood. “We have, your honor.”
“What say ye?”
“Guilty on all counts.”
“Thank you for your service. You’re all discharged.”
The men of the jury filed out of the courtroom.
“Well, Mr. Lee, do you have anything to say before I pass sentence?”
“You might as well just go ahead and finish this farce.”
The judge’s face reddened. “I hereby sentence you to hang by the neck until dead.”
“When?” Jasper asked.
“Now,” the governor said. “Before we get too big of a crowd.”
“I sentence you to hang now, Mr. Lee.” The judge banged his gavel one last time. “Sheriff, carry out your duty.”
The sheriff fastened on the manacles and shoved Jasper down the aisle and out the door. Jasper squinted until his eyes adjusted to the bright afternoon sunlight. A warm breeze floated by him and a calmness trickled through his body. The shrill cry of a hawk pierced the air, drawing Jasper’s eyes skyward.
“Hawk, I need your guidance,” Jasper said to his spirit guide.
All that I’ve said is true. You will own this day. Use it wisely.
“Whaddya doin’, Lee? Goin’ nuts because you’re goin’ to…Shit! Where’d all these people come from?”
“Move it, Morey.” The governor’s voice drew Jasper back to the matter at hand. “Let’s get this over with.”
Lock pushed Jasper up the stairs to the noose. Jasper shook the dirk from his sleeve and laid the blade against the rope on his wrists.
“Hold it, Norris!” Stan Barstow climbed up onto the gallows followed by Black Feather and an Army captain. “United States Marshals. Move in men! Take them all into custody!” Stan grabbed the governor. “Cornell Norris, I have a federal warrant for you. You’re under arrest.”
“Unhand me,” Norris bellowed as the marshal put him in manacles. “I’m the governor of this territory!”
“Actually, Norris, we all think you’re just a pile of shit!” a voice yelled from the crowd.
“We have a federal warrant for you too, Sheriff Lock,” Black Feather informed him.
The crowd openly laughed and cheered.
With the assistance of Amos Scoville, Willis walked up to Judge Iverson.
Even though the young lawyer looked pretty beat up, Jasper couldn’t have been happier and he silently thanked the spirits and the Lord that Willis was still alive.
Willis held out a paper to the judge. “This is a federal warrant for your arrest.” Wind Runner put manacles on the judge.
Iverson’s face turned whiter than a bed sheet. “Oh my God, you’re alive.”
Lock tried to twist away from Black Feather. “You can’t stop this hangin’! Lee’s been found guilty and sentenced to hang. Everybody knows he killed those men when he had no right to!”
Jasper cut the rope binding his hands, bent down and pulled his derringer. With barely a breath he swung around toward Norris.
“Jasper! Don’t!” Gale ran up the stairs followed by Micah Niles and Bill Newlin.
“Gale?” Her name caught on the happiness Jasper felt at the sound of her voice. “What are you doin’ here?”
She smiled and touched his arm. “We’ve come to take you home.”
“For your information, Sheriff Lock,” Bill Newlin said. “Jasper Lee is the Sheriff of Cassidy County and had every right and duty to bring those men to justice.”
“Put the gun away, Jasper,” Gale said. “It’s all right. Marshal Barstow has everything under control.”
Jasper looked around before he put the gun in his pocket.
Gale took his hands and held them in hers. She pressed the sheriff’s badge against his fingers. “The people of Cassidy County appointed you to be their sheriff.”
“Gale, I ca…”
She put her fingers on his lips. Her deep emerald eyes held Jasper still and quiet.
“Yes, you can. The words in your letter told me you know that true justice is a hard thing to understand. You’ve talked about justice ever since I’ve known you. Sometimes I think it haunts you. Now you’ve seen how justice can be perverted by men in power. Take this badge and do it right. Do it right for the people who believe in you and trust in you. Do it right for our friends and neighbors. Do it right for our family. Do it right for me.”
“I couldn’t have said it better, Jasper.” Micah looked at Jasper. “We need you. I wish there were more men like you.”
Bill Newlin nodded his head.
Jasper took a deep breath and looked at the badge for a few seconds. Rain Water’s words came to his mind. Find the star and keep it close to your heart.
He folded his fingers around the cool metal and nodded. He started to put the badge on his shirt, but Gale stopped him.
She took the badge and pinned it on him. Then taking the cuff of her sleeve, she burnished it to a shine. She stood on her toes and kissed him. “It’s good to see you, Sheriff Lee.”
Micah handed him his gun belt and Bowie knife.
Suddenly shots rang out down the street. Bart Moore ran out, a saddle bag slung over his shoulder. He leapt onto his horse and galloped off.
“That’s the man who escaped the ambush on Marshal Barstow,“ Wind Runner shouted. He pushed his way through the crowd and sprinted to his horse. He mounted with a leap and was off after Moore. Black Feather galloped after them.
“Pa!” Sean led Coal to the gallows.
Jasper jumped on his big horse and started after his brothers. Sean was right behind, but Gale’s voice pierced the turmoil.
“Sean! No!”
Jasper turned. “Stay here, son.”
Sean looked at Jasper then looked at his mother then back to Jasper again. The disappointment was clear in his eyes, but he turned his horse and rode back to the gallows.
CHAPTER TWENTY-THREE
WIND RUNNER RODE CAUTIOUSLY but fast enough that he could see the dust up ahead. He didn’t want to run his horse down.
Moore was riding hard. His horse wouldn’t last long at this pace. Wind Runner followed until dust no longer rose in the distance. Moore’s horse was probably played out, so Wind Runner slowed. The approach to his position had to be made carefully. With Moore reduced to traveling on foot he was as dangerous as a rattlesnake.
A horse whinnied in distress.
Wind Runner dismounted and unsheathed his rifle. Still hugging the boulders, he reached a point where he could see the exhausted animal. The horse was down covered in lather and panting shallow, rapid breaths. The horse twisted and kicked, too weak to stand. The animal was dying.
The warrior wanted to end the horse’s suffering with a bullet but that would reveal his presence and position. The horse lay with its face towards Wind Runner,
his eyes searching in panic. Then the eyes found him. The gelding tried to raise its head, but it flopped back down. The horse seemed to calm down, his eyes meeting Wind Runner’s who couldn’t stand to witness the animal’s suffering anymore. He raised his rifle, placed his sights on the animal’s forehead and fired.
Before the bullet found its mark Wind Runner had spun and retreated back along the boulders. Several rounds ricocheted from his last position, the bullets flying off with a whine and an angry buzz.
He reached his horse and walked it back to the cover of a cove of scrub oaks. Then he carefully left the cover of the boulders to scout a different route up the mountain where Bart Moore hid. Just as he spotted Moore’s hiding place he heard horses approaching. He slipped back down the ridge into a crevice between the boulders. He heard two horses pass, then peeked out and recognized the back of his brothers.
“Black Feather. Fire Hawk.” Wind Runner stepped out from his hiding place. “Good to see you, brothers.”
“Wind Runner,” Fire Hawk clasped his arm. Have you found Moore?”
“He is up on the mountain with a rifle. He rode his horse to death. I had to shoot it.”
“Where’d you see him last?” Fire Hawk asked.
“About two hundred yards up the mountain from a gap around the end of the boulders.”
“We need to approach him from different directions,” Fire Hawk thought for a minute. One side can safely advance if he’s kept busy on the other side.” You two start up from here. I’ll wait for your shots then gallop past the gap and start up the other side. That will give you a chance to gain some ground on him.”
Black Feather dismounted and tied his horse next to Wind Runner’s. He pulled his rifle out of its scabbard, stepped over to Fire Hawk. “Be careful, brother.”
Jasper nodded. “You, too.”
Jasper waited. The sun was bright and a fickle breeze played with the leaves of the sycamores so green in the sunlight. He put extra rifle cartridges in his pockets. Five minutes had not yet passed when a shot echoed down the mountain. Jasper pulled his hat down hard and urged Coal forward. The big stallion reached full gallop just before the end of the boulders. Jasper lay low along Coal’s neck urging him with a low voice into the horse’s ear.