Lawman without a Gun

by Clive Dawson

  He stepped back, thrusting the Colt into its holster. A moment later, the door shut with a hollow, echoing clang. There was the faint sound of retreating footsteps in the passage and then a second door closing.

  Not until then did Frank release his hold on consciousness as he sank into merciful oblivion, stretched out on the hard floor beside the bunk.

  When he finally opened his eyes again it was still night outside. He felt icily cold and the throbbing inside his head was like a drum being beaten incessantly in the distance. Sucking in a racking breath, he put a hand up to his chest as stabs of agony lanced through it.

  Somehow, he succeeded in raising himself, pushing his shoulders onto the bunk and then lifting his legs onto it. Stretching himself out, he tried to ignore the pain and concentrate on the precariousness of his position. At the back of his mind he had the feeling that Sheldon would try to help him. But there seemed nothing he could do apart from letting Everley know of what had happened.

  Even if he should do this, what could the rancher possibly achieve in the face of all the evidence which Hawkins had stacked against him? With the few men Everley had at his disposal, it would be sheer suicide for them to try to go against the whole town.

  Gradually, the pain in his body subsided into a dull ache. Now that his eyes had grown accustomed to the darkness, he noticed the basin of water in one corner. Concentrating all of his efforts, he got unsteadily to his feet and lurched towards it.

  The water was refreshingly cold as he splashed his face with it, washing the blood away. Never in his whole life had he felt so helpless. He knew that Hawkins could not afford to allow him to live. He and Bellamy had laid their plans well and they did not intend that some stranger should ride in and bring them down.

  Ben Sheldon rode onto the Everley spread before the dawn had broken. A solitary light showed in one of the windows and he guessed someone was up even at that early hour. His entire body ached from the ride. It was more than twenty years since he had sat a horse and every jolt had hammered at his old bones. He lowered himself slowly from the saddle, turning as the porch door opened sending a swathe of yellow light across the courtyard. Jim Everley stood there, a rifle in his hands.

  ‘Who’s there?’ Everley called harshly.

  ‘It’s me, Mr Everley. Old Ben Sheldon.’

  ‘Sheldon?’ There was genuine surprise in the rancher’s tone. ‘What the hell are you doin’ out here at this hour?’ Lowering the rifle, Everley hobbled forward to help the old man into the house.

  A moment later, Anne came into the room. There was a concerned expression on her face as she said tautly, ‘Something’s happened to Frank Kelsey, hasn’t it?’

  Nodding, Sheldon lowered himself into a chair. ‘Hawkins has got him locked up in jail. Sheriff McDonald was shot in the back late last night.’

  ‘And they’ve charged Kelsey with the shootin’?’ Disbelief edged Everley’s voice. ‘That’s impossible. The man didn’t carry a gun. Mebbe he was a danged fool, but I’d stake my life he’s no killer.’

  He walked across to the dresser and brought back a glass of whiskey. ‘Drink this, Ben, and then tell us all that happened. This sounds like a frame-up to me. And I can guess who’s behind it.’

  Sheldon took a couple of swallows, then nodded. ‘He was framed all right. We both heard Bellamy and Hawkins talkin’ together just before it happened. They were plannin’ to kill someone but we thought it was Frank they were after.’

  ‘Instead they meant to get rid of McDonald and pin the killin’ on Frank.’

  ‘That’s the way of it. Whoever shot the sheriff down was in Frank’s room at the hotel. They’d planted a gun somewhere and one o’ the men found it. Just one shot had been fired. I saw what happened. Frank had just left me and was walking back to the hotel when that shot came.’

  ‘Then you can testify to that,’ Anne said sharply.

  Sheldon shook his head. ‘Nobody in Condor is goin’ to believe a word old Ben Sheldon says. He’s soft in the head, they’ll say. Besides, my guess is that Hawkins has already sent for the circuit judge. McDonald was a good friend o’ Judge Ivers. Frank will hang for sure.’

  Anne sank down into a chair, her hands twisting in her lap. ‘But there must be something we can do.’

  Sheldon scratched his chin, then took another mouthful of the whiskey. ‘There might be just a chance but it means I’ve got to talk with Judge Ivers before Hawkins gets to him – and that ain’t goin’ to be easy.’

  There was a puzzled frown on Anne’s face as she said, ‘But how is that goin’ to help? You can’t bribe Ivers.’

  ‘That’s true,’ Everley butted in. ‘I know somethin’ of his reputation. No amount o’ money will change any sentence he gives out.’

  ‘It wasn’t a bribe I was thinkin’ about. It’s somethin’ about Frank.’

  ‘Now I am confused.’ Anne sat forward on the edge of her chair. ‘What could you possibly know about Frank that might sway the circuit judge?’

  Sheldon hesitated as if unsure how to answer her. Then he said quietly, ‘I reckon I’m the only one in town who knows who he really is. I recognized him the minute he came into the livery stables but I made him a solemn promise I wouldn’t spill it to a single soul.’

  ‘If it’s somethin’ that will save him from the rope, you have to tell Ivers.’

  ‘That’s what I intend to do.’

  ‘Can’t you tell us what it is you know about him?’ Anne asked.

  Sheldon paused; then shook his head. ‘I figure the fewer people who know about it at the moment, the better. I’m sure that if either Bellamy or Hawkins found out, they’d deliberately get that crowd so steamed up, they’d haul Frank out o’ jail and hang him from the nearest tree.’

  ‘But he’s no outlaw on the run.’ There was a pleading look in the girl’s eyes.

  Sheldon gave a faint smile. ‘If he was a killer, do you think he’d have walked ten miles across that wilderness to get you to safety?’

  ‘No, he wouldn’t.’ For a moment, Anne felt ashamed of herself for even asking the question.

  CHAPTER V

  SWIFT JUSTICE

  It was three days later, at sun-up, when Frank heard the sound of several footsteps in the passage just outside his cell. Rolling himself off the bunk, he pushed himself upright. The days had passed slowly. At times, he thought that Hawkins intended to continue with the beatings and kicking, but each time it had been only to bring him food and water.

  This time, however, he had the feeling this was something different. Tautly, he waited until the deputy appeared outside the cell door. With a faint sense of surprise, he noticed that he now wore McDonald’s sheriff’s badge on his vest.

  Hawkins noticed the direction of Frank’s glance and gave a sardonic smile. ‘Guess you know I’ve been promoted, Kelsey.’ he said cynically. There was a sarcastic edge to his smirking voice.

  ‘I see it,’ Frank replied. ‘It sure didn’t take long for you to step into his shoes after you killed him.’

  Hawkins flushed as the jibe went home. For a second, his hand moved towards his gun. Then he remembered there were others with him and forced a grin. ‘You won’t be tellin’ many more o’ your lies, Kelsey. The stage is due into town in fifteen minutes. Circuit Judge Ivers is on it. Won’t take him long to hear the evidence and sentence you to hang.’

  ‘Could be he might change his mind when he hears my side o’ what happened,’ Frank replied coolly. Inwardly, he was not feeling as confident as he tried to appear. He knew what would happen. There would be a rigged jury made up of Bellamy’s friends. The verdict would be a mere formality.

  Hawkins’s smile widened. ‘If you reckon that’s goin’ to happen, you’re a bigger fool than I took you for.’ Bending, he unlocked the door. ‘Outside, Kelsey, and no funny moves. All o’ these men have guns and they won’t hesitate to use ’em if you should try to make a break.’

  Stepping outside, Frank turned at a signal from one of the waiting men. The
man produced a length of stout rope and tied his hands securely behind his back. ‘We’ll untie your hands once we get you into the courtroom,’ Hawkins said. ‘Until then we’re takin’ no chances.’

  Moving in single file, the men passed through the office and out into the street. There was no sign of the stage but Frank guessed that Hawkins and the banker would know exactly where it was and had made sure that nothing happened to prevent the judge from getting there.

  From the edge of his vision, he caught sight of Sheldon standing on the boardwalk a short distance away. The old man had an odd look on his grizzled features which Frank couldn’t analyse. Inwardly, he hoped Ben wouldn’t do anything foolish to try to free him. These men meant business and they would have no qualms about shooting down the old man in the street.

  Three-quarters of the way along the street, they came to the courthouse, a large brick-built building with an imposing facade. Once inside, he noticed that the twelve members of the jury were already in their places. None of their faces were known to him with the single exception of the banker seated at the front.

  ‘Put him in the dock,’ Hawkins ordered sharply. ‘Then you can take that rope off his wrists. I reckon he ain’t such a fool as to try to make a break for it.’

  Two of the men led him forward to the dock. Once inside, one of them removed the rope. Rubbing his wrists, Frank stared round at the jury. Inwardly, he knew that Hawkins was probably hoping he might try to escape. He knew there would be a bullet in his back before he got halfway to the door.

  He noticed that Bellamy was watching him closely. The banker was perspiring freely. Several times he took out a large red handkerchief and mopped his brow. Watching him, Frank had the notion he was not quite as sure of himself as he tried to show.

  Hawkins walked across and stood directly in front of the dock. ‘You made a big mistake comin’ here, friend,’ he said thinly. ‘I don’t know what your game is but we’ll soon put an end to it.’

  ‘Just how long can you go on foolin’ the honest citizens of Condor?’ Frank said evenly. ‘I know all about your little talk with Bellamy in the bank that night. My only mistake was I figured it was me you were after. Instead, you meant to kill McDonald and now you’re hopin’ to get away with it.’

  Without warning, Hawkins’s bunched fist lashed out, knocking Frank to one side. ‘Like you said, Kelsey, you made a big mistake underestimatin’ me, but it’ll be the last you’ll make. I can promise you that. An hour from now and you’ll be swingin’ at the end of a rope.

  He made to swing his fist again, then stepped back quickly as the street door opened and a tall figure in a black frock coat came in.

  Without glancing at anyone, Ivers strode forward, seating himself behind the bench. Turning his head, Frank stared directly at the judge and felt a shock of surprise pass through him. He knew this man, recognized him instantly.

  From the hard, penetrating glance which Ivers gave him, he knew the judge had also recognized him.

  Turning his head slightly, Ivers allowed his gaze to pass over the faces of the men in the jury.

  Hawkins moved forward a little way. ‘We’re glad you could come to Condor at such short notice, your honour, but we figured you’d want to try the man who killed your friend, Sheriff McDonald. I—’

  He stopped speaking abruptly as Ivers held up a hand. ‘That’s exactly what I intend to do – when he’s caught and brought to justice.’

  ‘But we already—’ Hawkins spluttered, taken completely aback by Ivers’s words.

  Lifting his left hand, the judge pointed directly at Frank. ‘I don’t intend to sit here and listen to any trumped-up evidence you have against this man. That man standing in the dock is Frank Kelsey. Until just over a week ago, he was Marshal o’ Dodge City, one o’ the finest lawmen in this territory. You picked the wrong man to try to pin McDonald’s murder on. He’s no more a lawman killer than I am.’

  Hawkins turned slowly. There was a stunned expression on his face. For a moment, he stood completely still, trying to take in what Ivers had said, suddenly aware that his plan had gone wrong.

  Then he snatched for his gun, levelling it at Frank. ‘I don’t give a damn who he is, I say he’s a killer and—’

  ‘Drop that gun – now, or I’ll drill you where you stand!’ Ivers’s harsh voice rang out through the courtroom. Glancing up, Frank saw there was a Colt in the judge’s hand, his finger tight on the trigger.

  For a moment, Hawkins’s attitude suggested he meant to fire and call the other’s bluff. Then he let the weapon fall onto the floor.

  At the front of the jury, Bellamy heaved himself to his feet, his face flushed. ‘You can’t do this, Judge,’ he stuttered. ‘We’ve got the right man and—’

  ‘I can do it – and I will,’ Ivers grated thinly. ‘My job is to see that justice is done, justice based on the truth and not a pack of spurious lies such as I’m sure I would have heard in this court.’

  He glared at Hawkins. ‘Take off that star, mister. In my eyes, you’re not fit to wear it, or fill McDonald’s shoes.’

  The gun in Ivers’s hand was rock steady as Hawkins moved slowly towards the bench and placed the star in front of him. Then he swung on his heel and stalked towards the door, an expression of blind rage on his features.

  ‘The verdict o’ this court is that Frank Kelsey is guilty o’ nothing.’ Ivers rose to his feet. ‘Furthermore, I’m hereby appointing him sheriff o’ this town. From what I see o’ those men in this rigged jury, it’s time there was some law and order in Condor.’

  Frank made to protest as he stepped out of the dock and brushed past the two men standing there, but one look at the judge’s face told him that argument would be useless.

  ‘Clear this court, boys.’ Ivers was looking towards the door and for the first time, Frank noticed the three men standing there just inside the courtroom; hard-faced men with their hands hanging loosely at their sides just above their gunbelts.

  Evidently Ivers had been expecting trouble, Frank thought. But how could he have known?

  Within minutes, the room had been cleared. As they passed him, Frank noticed that, unlike those jurymen and Bellamy, most of the ordinary citizens seemed to regard him with a new interest in their eyes. Perhaps, he thought, what they had just heard had made them change their minds about him.

  Holstering his gun, Ivers stepped down from the bench. Bending, he picked up the gun that had fallen from Hawkins’s hand. ‘Take this, Frank,’ he said evenly. ‘You may have need of it until you get a pair for yourself.’

  ‘But you know what happened in Dodge and—’

  Ivers nodded briefly. He paused as the door opened and Everley came in. Anne and Ben Sheldon were close behind him.

  For a moment, Anne’s glance fell on the Colt in Frank’s hand; then she looked directly at him. ‘You all right, Frank?’ she asked in a low murmur.

  ‘Thanks to you, he’s fine,’ Ivers said. Turning to Frank, he went on, ‘They got a message to me a couple o’ days ago, informing me of what was happenin’ here in Condor. We’ve had our suspicions for some time with these stages bein’ held up. Since these outlaws only attack those carryin’ gold and money, it didn’t take long to figure they were getting’ information from someone in this town.’

  Pausing at the door, he continued, ‘I know about that child who was shot in Dodge. But that was none o’ your fault. You finished the Dexter gang and what happened was all in the line o’ duty. Now I’m askin’ you to buckle on your guns again and help me clean up this part o’ the territory.

  ‘You’re a lawman through and through, Kelsey. Nothin’ is goin’ to change that. You can’t go through life blamin’ yourself for the death o’ that little girl. That way leads only to perdition.’

  Aware that both Anne and her father were watching him closely, waiting for his decision, he hesitated for a few moments, then nodded. ‘All right, Judge. I’ll do it.’

  ‘Good.’ Reaching up, Ivers pinned the star onto his shirt
. ‘You won’t find it easy. Most of these folk have been fed so many lies by Hawkins that they’ve come to believe ’em. It’ll be up to you to show ’em they’re wrong. And Hawkins will be out for your hide after what’s happened. You won’t find many who’ll stand with you against him and that outlaw gang.’

  Frank grinned wryly. ‘There were times in Dodge when I faced the same problem,’ he replied grimly.

  ‘Then you know what I mean.’ Ivers threw a swift glance along to street. ‘If you want my opinion, Hawkins has already ridden out o’ town. By now, he’s probably on his way to meet those gunhawks.’

  Once Ivers had gone, striding in the direction of the hotel, Frank turned to his three companions. ‘Thanks for everythin’ you did. If you hadn’t got to Judge Ivers I reckon I’d be danglin’ at the end of a rope. Bellamy and Hawkins sure meant to frame me for McDonald’s murder.’

  ‘That crooked deputy won’t be easy to hunt down but you could sure bring Bellamy in after what we heard the other night,’ Sheldon said.

  ‘Somehow, I don’t reckon we’ve got enough evidence for that right now,’ Frank replied. ‘My guess is that he’s got some slick lawyer in town and it would be our word against his.’

  ‘Then what do you intend doin’ now?’ Everley asked.

  Shrugging, Frank said, ‘I guess I’d better do as Ivers asks. I don’t particularly want this job as sheriff but since it’s been thrust on me, I’d better get myself a couple o’ guns.’

  ‘You’ll find a pair across the street yonder.’ Sheldon pointed. ‘Better get yourself a Winchester too. It’ll come in handy if you have to ride into the hills after that gang.’

  ‘Whatever you do, Frank, take care.’ Anne’s voice shook a little.

  ‘I will.’ He forced a faint grin. ‘After all, it ain’t as if this job is new to me. I’ve faced men far more dangerous that these critters.’

  Leaving the others, he made his way across the street. Inside the store, he chose a pair of Colts, testing them carefully for feel and balance. ‘I’ll also need a gunbelt, some shells and a Winchester.’