by Paul Colt
“Look at that, Johnny. The governor came through.” He felt the strain of two tense days lift like a weight from his chest. “Com’on.” They started up the street after the troopers.
Peppin stepped out of the Torreon and raised his hand. Dudley called a halt, the command echoing down the column.
“Colonel, Sheriff George Peppin.”
Dudley stepped down. He peeled the gauntlet from his right hand and extended it.
“Lieutenant Colonel Nathan Dudley at your service, sir.”
“Glad to have your help.”
“What’s the situation?”
“Gunmen are holed up in the Tunstall store up yonder and the house next door. They’ve fired on citizens using the street.”
Ty arrived, trailing Roth. “Nate, glad you’re here. I wasn’t sure the governor would act on my request.”
“He didn’t, Ty. My orders are to support Sheriff Peppin here.”
Ty couldn’t believe his ears. “You’ve been ordered to take Dolan’s side?”
Dudley shrugged.
“I don’t know anything about that. My orders are to assist Sheriff Peppin in putting down a civil disturbance in Lincoln. Now, Sheriff, I’ve got a company of troops and light artillery battery. How would you like them deployed?”
Peppin smiled. “We’ll start with the store. If we can flush the men in there, the others may give up.”
“Very good. Captain Purington!”
“Sir?”
“Have your men dismount and deploy across the street from that building.” He pointed to the store. “Bring up the howitzer.”
“Yes, sir.” The captain saluted and turned to his command.
Dudley deployed his troops in the field across the street from the McSween house and store south of a small home owned by the Slurigos family who promptly decamped when the shooting started. Ledger followed Dudley, desperate to make him see reason. Roth followed his friend, determined to prevent him from doing anything foolish. Dudley positioned the howitzer in the center of his line with lines of fire to both the house and the store.
Peppin left his men in the Torreon and crossed the street to Wilson’s jacal on Dudley’s east flank. The arrival of the troops gave Evans and his men cover to occupy the Slurigos’ house. Dolan left theWortley with them to join Peppin. With the troops deployed, Dudley reported to Peppin.
“My men are in position, Sheriff. How do you want to proceed?”
“Let’s see if starin’ down a cannon muzzle will get them to surrender.”
“And if they won’t?”
“I’m goin’ over to the Torreon. If they won’t surrender, my men will rush the store with your covering fire.”
“At your service, Sheriff.”
Ty couldn’t believe his ears. “Nate, you can’t do this! Artillery against civilians?”
“Sorry, Ty, I have my orders. Sheriff Peppin is in charge.”
“You can’t do this. If you fire on them, it’s murder. Give them the chance to give up.”
Dudley turned to Peppin.
Peppin looked past Dudley. He arched an eyebrow at Dolan. Dolan gave no quarter.
“Deploy the gun and prepare to fire.”
Dudley withdrew to see to his troops. Ty cut his eyes from Peppin to Dolan. He started to reach for his gun. Roth grabbed his hand.
“It ain’t worth it, Ty. You done all you could. Let’s get out of here.” Roth led him by the arm down the street toward the O’Hara house where Lucy stood on the porch waiting nervously. Peppin crossed over to the Torreon and gathered his men in the base of the tower.
“Yo the store! You’ve got two minutes to come out with your hands up or we’re comin’ in to get you.”
Scurlock turned to his men. Threat thick as fog hung from one to the next. Bowdre backed away from the door. Middleton blinked.
“Shit, Doc, they’s got a cannon out there.”
Scurlock jerked his head toward the back door. “Go to hell, Peppin!”
“Get ready, boys. Colonel, you may fire when ready.”
Dudley relayed the command to his battery officer.
“Fire!” The howitzer bucked, belching a great cloud of powder smoke. The concussion rattled windows. The door to the store disappeared in splinters and shattered glass. A volley of rifle fire shredded the storefront.
Peppin and his men rushed the back of the store. Scurlock and his men had their horses ready to mount. Peppin’s men fired. Scurlock and Bowdre returned fire, allowing Middleton, Brown and Coe to escape to cover in the trees on the bluff leading to the river. They opened fire, forcing Peppin and his men to take cover until Scurlock and Bowdre joined them. Scurlock led the way through the trees down to the river. The Dolan men rushed to the tree line, firing at the Regulators disappearing down the bluff through the trees.
“Hold your fire. All we’re gettin’ for good ammunition is sawdust. You boys cover the back of the store. It’ll be dark soon. I don’t want any of ’em sneakin’ back in. Keep an eye on the back of McSween’s house too.”
CHAPTER FORTY
July 18th
McSween sat in his office dimly lit by early morning. He hadn’t slept. A two-day crust of beard shaded his cheeks and chin. His eyes were red-rimmed and sunken with worry. The concussion of the big gun shook the house. He thought it had been fired at them. Thankfully the men in the store escaped. How had Dolan turned the army against them? Santa Fe could be the only answer. They were doomed. He felt a presence in the office door. Big Jim French filled the frame.
“I don’t mean to disturb you, Mr. McSween, but I’m worried.”
“So am I, Jim, so am I.”
“I spent these last months lookin’ out for Mrs. McSween. I take it for my job now. We got to do somethin’ to get her out of here. Them boys turn that big gun on this house, we don’t want her hurt.”
“You’re right, Jim. Thank you for being so thoughtful. I should have thought of it myself. Soon as she’s up and dressed I’ll ask for a cease-fire to let her pass.”
The big man nodded and returned to his post.
The sun was up when Susan came downstairs ready to face the new day. She’d slept fitfully. She looked pale and drawn by the strain. She made a pot of coffee and passed among the men handing out cups and pouring. She found Alex in his office.
“Did you sleep at all, dear?”
He shook his head and accepted the cup gratefully. “I’m glad you’re up. I want you to pack a bag for yourself.”
“Whatever for?”
“I’m going to ask for a cease-fire to allow you to leave.”
“I’ll do no such thing. I’ll leave when you do.”
“There will be no discussion, Susan. I don’t want you in this house if they fire that cannon again.”
“But what about you?”
“The men and I will look after ourselves. If we have to make a run for it like the others, I’d feel better knowing that you’re safe.” He took her in his arms and held her. Tears wet his shirtfront.
“Give it up, Alex. It’s not worth it. It’s not worth dying for.”
“I can’t give it up. Not yet, anyway.”
Dudley and Peppin stood at the caisson, discussing their options. Dolan stood nearby, listening so he would know how to instruct Peppin. Dudley’s attention flicked over Peppin’s shoulder.
“Wait, what’s this?”
Peppin followed his gaze. A white flag waved from the door of the McSween house. He turned to a scowling Jimmy Dolan.
“Looks like they mean to surrender,” Dudley said.
“I’d be surprised.”
Someone called across the street. “Colonel Dudley, may we talk?”
“Don’t give the bastards nothin’.”
“Let’s see what they have to say, Sheriff. There are lives at stake here.” He stepped out to the middle of the street. “Who am I speaking with?”
“Alexander McSween.”
“What’s on you mind, Mr. McSween?”
“Why is the army engaged in an assault on private citizens, protecting their property?”
“We’ve been ordered to support Sheriff Peppin in putting down a civil disturbance.”
“Sheriff Peppin does not represent Lincoln County. He’s taken the side of the Dolan faction in this matter. If the army has a part in this, it should be to declare martial law and treat both sides accordingly until a court settles the dispute.”
The man had a point. Martial law might actually avoid bloodshed just as Ledger had suggested. Then again, he had his orders. “That’s not how the governor sees it.”
“Governor Axtell is no better than Jimmy Dolan himself.”
Dudley considered the argument. Part of him suspected Mc-Sween might be telling the truth. He didn’t like the position in which he found himself, soldiers often didn’t. In this case, he didn’t give orders, he took them.
“You may hold that opinion if you wish, Mr. McSween, but the governor has the authority to call out the army. He has done so. I have my orders and you would be best advised to surrender peacefully.”
“Your presence here and the governor’s actions are a perversion of justice.”
“If that is your final position, Mr. McSween, we have nothing further to discuss.”
“There is one more thing, Colonel. My wife is here. Will you grant her safe passage before . . .” He paused to chose his words with care. “Before any further action is taken?”
“You may send her out, sir. I will personally escort her to safety.”
“Thank you, Colonel.”
Susan McSween stepped onto the porch carrying a small valise. She crossed the street to Dudley and met his eye level. “Colonel, please, can’t you see this assault on my home is illegal and unjust.”
“Ma’am, I can’t speak for justice. That is for a court to decide. I can tell you the actions taken against your husband and his men are lawfully authorized. I have my orders. If you have any influence in the matter, I suggest you advise he and his men to lay down their arms.”
“I have already made that plea. I’m sure you have your orders, but you still have the opportunity to prevent further violence and bloodshed.”
“I know it may seem so, but whatever happens here is up to your husband.”
She marched through the ranks of the troops, back erect, eyes straight ahead.
Dolan watched her go. “That was very humanitarian of you, Colonel.”
“She and her husband seem to think you have an undue amount of influence with the governor.”
“The allegation is little more than the deranged raving of unstable people who threaten the public safety.”
“Is it? Governor Axtell chose to ignore Marshal Ledger’s request for imposition of martial law. His request was an honorable one. It might have averted this entire incident. Instead we are called in to take your side in this dispute or rather should I say Sheriff Peppin’s. I wonder who made that request of the governor.”
Dolan smiled. “Now, Sheriff, how do you plan to bring this matter to a conclusion?”
Peppin scratched his chin. “Same as the store I reckon. Give ’em a chance to surrender and then have the colonel here punch a hole in the place with his gun there.”
Dudley was stuck with his orders. Underneath, he had doubts. “Give it a day, Sheriff. I think they’re sweating in there. Sending the woman out was a sign. Time is on our side. Waiting grinds on a man. It gives him a chance to look for a way out.”
Dolan scowled. “Let’s get this over with, Sheriff. Get on with it.”
“Colonel?”
“I won’t fire that gun until I’m convinced there’s no other way. As of now, I’m not convinced. Good day, gentlemen.”
McSween closed himself in his office, wrestling with his private demons. How many men would die? Would he die? All the blood shed and lives lost for what, Tunstall’s business empire, to avenge his death? Was the money worth it? He could easily pack up and leave. There were other towns, other places with other law practices. Places where the law stood for something. Dolan stood for corruption that reached all the way to the governor’s office. It needed to be exposed before it could be rooted out. That was something worth doing. Was it worth dying for?
Susan made her way to Mrs. O’Hara’s. Her carefully constructed composure dissolved into uncontrolled weeping at the sight of Lucy. Ty and Johnny left the parlor to the women.
The day wore on. Sweat dampened a man’s shirt in the day’s heat. Up the street the guns remained silent. Roth sat at the kitchen table. Ty paced.
“I can’t stand it, Johnny. I got to find out what’s goin’ on up there.”
“My gut says stay away. No good can come of messin’ in that business.”
“I gotta know.”
“I’ll go along against my better judgment if you promise you won’t try any one-man heroics.”
Walking up the street toward the massed troops, Roth spotted Dudley sitting on the porch at the Wilson jacal. He relaxed a little. “Look there. The colonel’s takin’ his leisure. Don’t look like a showdown’s comin’ anytime soon.”
“Com’on, Nate will tell us what’s goin’ on.” They crunched up the walk.
“Ty, Johnny.” He looked around the porch for another chair. “I guess you’ll have to pull up a step. Have a seat.”
They settled onto the porch step.
“What’s goin’ on, Nate?”
“We’re giving McSween and his men time to sweat a little. Maybe they’ll see reason. I hope so. They’re in a damn tight spot. I talked to McSween this morning. He had the same idea as you, about declaring martial law. I think he’d have abided by that.”
“Then why not do it?”
“I don’t have the authority. Like it or not, Peppin has official jurisdiction. My orders are to support him.”
“He dances to Dolan’s tune.”
“I see that. I expect it was Dolan who asked the governor to order us in here. Funny he took that request and not yours.”
“Nothin’ funny about it. The Santa Fe Ring, the House, they’re all in cahoots.”
“That’s the feeling I get.”
“Then, damn it, man, do something about it.”
“I’m doing what I can. I told them I wouldn’t fire on the house until I’m convinced there is no other way to resolve the dispute. I’m buying time. I hope McSween uses it to come to his senses and surrender.”
“He’d be signin’ his own death warrant without your protection.”
“You’re talking martial law again. I have other orders.”
CHAPTER FORTY-ONE
July 19th
The day dawned hot and sunny. Dolan, Peppin and Evans gathered at the Slurigos’ house. Dolan paced, plainly impatient.
“Dudley still bent on playing his waiting game?”
Peppin nodded.
“Bullshit. I’ve had enough. George, you tell that son of a bitch McSween they’ve got one last chance to lay down their guns and surrender.”
“Dudley won’t use the cannon.”
“We’ve got guns. Use ’em.”
Peppin bobbed his head obediently.
Evans edged closer. “If that don’t get ’em, I got a way to flush ’em without Dudley’s gun.”
Dolan arched a brow in question.
“Wait until dark and burn ’em out.”
Dolan nodded.
“McSween!” Peppin shouted across the street. “You and your men are under arrest for the murder of Sheriff William Brady and others.”
“We got warrants for John Tunstall’s killers.”
“I don’t care what you think you got, throw down your guns and come out with your hands up.”
No answer.
“Suit yourself.”
Tom O’Folliard crouched beside the front window. “Now, what’re they doin’?”
The Kid peeked through a crack in the door. “Looks like they got some kind of flag, a black flag. What’s that about.”
“No qua
rter,” McSween said. “They aim to kill us all.”
The Slurigos’ house exploded in muzzle flashes and powder smoke. A volley of lead lashed the house shattering windows, chewing the walls and biting wood splinters in window frames, doors and furnishings. The Kid fired through the partially open door.
“They need better aim than that.”
O’Folliard broke out the lower glass pane at his window with his gun barrel. “So far it’s just the Dolan men shootin’. The army ain’t joined in.”
French levered the action of his Winchester, pouring return fire into the powder smoke.
“Damn it!” Dudley cursed the first volley. He thought he had Peppin under control. Now he’d have to do something, but what? He dashed off the jacal porch and double-timed for his troops. From what he could tell the fight was between the Mc-Sween and Dolan men. Maybe that’s the way it should be. As he reached the center of his line near the howitzer placement, he heard Peppin call from the Slurigos’ house.
“You may fire when ready, Colonel!”
The gunnery officer snapped to attention. “Prepared to fire, sir.”
Dudley thought a moment. “At ease, Lieutenant, await my order. Captain Purington, prepare to fire in volley.”
“Prepare to fire!”
The front rank knelt, rifles shouldered and cocked.
“Fire when ready.”
“Fire!”
The rank erupted in a deafening charge and blue smoke. A sheet of bullets ripped the house. Men dove to the floor to get under the deadly rain whining through the room. The second rank stepped forward in line. A second cloud exploded before the first cleared away. The relentless pounding continued for thirty minutes before the shooting fell silent.
“Had enough, McSween?”
McSween never moved from the back corner of the office where he sat crouched in a ball.
“Peppin, it’s Billy Bonney. Careful that dog don’t pee on your shoe, old man.”
The Dolan men poured another ten minutes of sustained fire into the house.