"How much chance did you give Rance Banford's woman and her children?"
"That was Nodine's doing. Why didn't you shoot him?"
"He wasn't the one taking the piss."
Parks started to smile then spit on the floor. "Screw you, law dog."
Lovell smiled coldly. "I figure you'll be dead within the hour. If you're still alive, we'll throw you over a horse and let you bleed out on the way back to Fort Smith."
Isom Richards appeared at the front door. "Yates is dead. The woman's got a hole in her thigh but she'll be alright. What about this guy?"
Lovell stared coldly into Parks' eyes. "He'll be dead within the hour."
"Can we do something for him?" Isom asked as he took a better look.
"We're not going to. I'm not wasting my time on him."
Parks spit again and glared at Lovell. "Someday someone will do the same to you."
Lovell turned toward the door as if ignoring him. "Someday. But you'll never see it, vermin."
Richards followed him out the door. "What about the woman?"
"Let her go. I got no use for her."
"She fired upon federal deputies," Isom said.
"She's an injun. What do you expect?"
"Hadn't we ought to take her in?"
"Naw, she didn't do no harm other than lose her head for a few seconds. With those bullets coming through them walls anybody would have tried to shoot their way out. No, let her go. I got no use for her today."
Nodine stood by the deputies and watched Lovell in surprise. "Thanks, Marshal. I appreciate that."
Lovell cut his eyes to Nodine's and let them burn in. "Besides, I don't want any witnesses when this black son-of-a-bitch tries his escape."
Suddenly, the smile disappeared from Nodine's face.
Chapter 19
Two days later the posse rode into Fort Smith and deposited Nodine and the bodies of Parks and Yates at the courthouse. Judge Parker adjourned court to attend personally to Nodine's imprisonment. A final sentencing hearing was scheduled for the following Tuesday so Lovell was required to remain in Fort Smith. He went home tired and satisfied that they had been able to bring Nodine in so quickly.
He had only been home a few minutes when Bonny knocked at the door. Lovell was glad to see her but reluctant to say what he needed to say. He made coffee and sat her at the kitchen table.
"We need to talk," he said as he poured the coffee.
She smiled. "Sure, what is it?"
"There's another woman in my life and we need to quit seeing each other."
She was quiet for a moment. "I understand. Did you think I would be upset?"
"I didn't know."
"I'm a big girl. I understand. I wouldn't want to interfere in your happiness." She looked as though she was containing her anger but was surprisingly calm. "We've never lied to each other. We're too gooda friends to do that. I'd rather you said it straight out than lead me on. Who is it?"
"Amelia Thompson. Do you know her?"
"I know who she is. She is the marshal's widow, isn't she?"
"Yes."
She looked around the room and sipped her coffee. She was suddenly restless and uneasy. She stood. "I need to be going. There's no point in my staying here."
"I'm sorry, Bonny."
She looked at him and smiled. "I'm sorry, too. I thought we had a good thing going. I'll miss your friendship."
"So will I." He meant it.
"We can still be friends, no matter what happens. I'd still like to be able to talk to you."
"I'd like that."
She left the house, her coffee cup still full.
Lovell watched her walk down the street. She was a beautiful person, a good woman and he cared about her but his decision had to be for the best. He told himself that it was just a matter of time until everything would have blown up in their faces. The scandal in a town like Fort Smith could have destroyed her and Lovell knew he could never provide for her to the level that she was accustomed. He told himself again that he was doing the right thing. It really didn't matter what happened with Amelia. He needed to get himself out of the picture so Bonny could reconcile with John without outside influences. If she didn't, it would be a different situation but he owed her the chance to make it right with her husband. He would have wanted that chance with either of his marriages but he didn't get it. This way it would be a clean break for the right reasons. She needed to be on her own if she left John, not jumping from one relationship to another, certainly not with Lovell's shadow hanging over every overture John might make to save his marriage. He owed both of them that—not because he was friends with John but because of his love for her. He was afraid that she didn't know what she wanted and he didn't want to be an easy answer that would later become the wrong one. As much as the break hurt now, it would be much worse later.
She disappeared around the corner without looking back and Lovell returned to his coffee. He felt good about himself. As much as he cared for her and enjoyed being with her, he didn't want to be a cause for her unhappiness. Until she was certain about her marriage with John, he was afraid that was all he would ever be. He knew she cared about him, but he had learned that caring isn't enough. She would be forced to move from a fine home into a simple three-room cottage. She would be saddled with a man who made a quarter of what her husband did on an uneven and often meager salary. He honestly didn't know if she could be happy with him. Was simply being there for a woman and caring for her enough? It had never been good enough before. Why would this be any different now?
There was a knock on the door. Amelia was standing on the porch. She smiled as he stepped to the door. He thought how difficult it would have been if she had arrived just a few minutes earlier and found the two of them together. What if he had allowed the temptation of Bonny to overcome him? What if they had been in bed together?
"I'm having fried chicken for supper tonight," she smiled. "Would you like to join me?"
"Yes, I would like that very much."
"Around seven?"
"Yes, would you like to come in for coffee?"
"I'd like to but I need to get home and work on supper. I'll see you at seven."
"Seven it is. It'll give me time to get some rest and clean up."
"Good," she said with an air of affection. "I'll look forward to it."
She turned and walked toward her home. He watched her walking away. She did look back.
* * * *
The courtroom was packed for the sentencing of Trace Nodine. Judge Parker had scheduled the hearing for ten in the morning, guaranteeing a large crowd. Lovell, dressed in his dark suit and without his revolver, took his seat next to Evett Nix at the front bench just behind the prosecutor's table. Nodine was brought in without restraints and seated next to his court appointed lawyer, Y. A. Pierce. The prosecutor, James Baldwin, entered the room and smiled at Lovell as he passed.
"It'll soon be over, boys," Baldwin said before taking his place at the table.
Nodine turned to look at Lovell and smiled as well. It was that same cocky grin that Lovell had grown to despise. He wondered how Nodine would react when the final sentence was pronounced. He wondered if Nodine would be quite so impudent when the hangman's noose stared him in the face.
Parker was announced and entered the room quietly as the courtroom attendants stood. Nodine's case was announced and Parker asked that Nodine and his lawyer stand. Parker had always been an intense man but he seemed unusually resolute for the sentencing.
"Trace Nodine, you have been found guilty of first degree murder, robbery, rape and unlawful flight. According to the law your sentence is that you be taken to a place of execution on the nineteenth day of November and hung by the neck until you are dead, dead, dead." He closed his folder and leaned back in his chair.
Nodine jumped by the table, shoved the guard into Baldwin's lap and in one leap cleared the judge's desk. Parker rose from his chair, threw a punch and knocked Nodine back into his desk. Surprised
, Nodine sprang by the witness chair and leaped through the pane glass window behind it.
The guard recovered from his fall, pulled his revolver and rushed to the window. He did not take a shot and looked back at Parker in frustration. Nix and Lovell leaped over the table and looked out the window. Nodine was out of sight.
Nix and Lovell looked at an unnerved but resolute Parker. Without a word, Parker's expression said it all. The marshals pushed past the crowd and the courtroom door. Several officials stood in the hallway.
"Get your guns," Nix said. "Nodine has escaped."
Amelia Thompson was standing in the hall with papers. She stared at Lovell's face. He could see that she was surprised and concerned. Lovell smiled and shook his head. She responded with a relieved grin.
Lovell did not wait for the others but rushed to his horse tied in front of the courthouse. His Winchester rested in the scabbard but his revolver and shotgun had been left at his house. He pulled the Winchester and half-cycled the lever to see if a round was chambered. Several people were milling in front of the courthouse.
"Did any of you see where he went?" Lovell asked.
"He jumped on a buckskin mare and headed south along the river," an older man said.
"Is he armed?"
"I saw no gun," the man said as he looked to the others for agreement. Several asserted that he didn't seem to have one.
Lovell swung into the saddle and rode hard. From the ridge, he saw Nodine's buckskin running hard along the flood plain and disappearing into the trees along the bank of the river a quarter mile ahead of him. He dug his heels into the gelding's flanks and careened down the slope of the ravine to the flood plain rather than follow the trail.
Several riders led by Evett Nix topped the ridge just as Lovell entered the trees. Evett pointed out Lovell and the riders followed him down the trail to the flood plain.
Lovell slowed his gelding and with the butt of his rifle sitting on his thigh he rode through the twisting maze of tall weeds, willows and cottonwoods. He could see the discoloration of the weeds where Nodine's horse went through but he couldn't be certain that Nodine hadn't jumped from the mare and hidden himself in the foliage. Nix and his men rode hard into the trees and held up at the sight of Lovell.
"Spread out and sweep the area," Nix ordered as he rode next to Lovell.
Lovell pointed to the trail through the weeds. "I saw him ride in here but I haven't seen him since. I figured I better slow up until you could catch up."
"He probably rode on through but we can't take the chance," Nix said.
"I know. That guy is something, isn't he?"
Nix shook his head in anger. "And there we were standing flatfooted in our long johns while he jumps the judge and leaps out the window."
"If he gets much of a lead he won't be so easy to catch this time."
"I'm gonna shoot the bastard next time," Nix stated glumly. "He's made a fool out of us too many times."
They made it through the trees and picked up the trail in marsh grass along the flood plain. The depth of the tracks told them that the mare was still mounted. Minutes later they were on the road leading back toward Cooper's Crossing. Nix sent three men to ride straight through to the crossing but the posse slowed as members watched the trail to see if Nodine had cut to open country. It was impossible to tell from the heavy sign of cattle, mules and horses traveling along the trail. It was night before they reached Cooper's Crossing. The men were waiting. Nodine had not tried the ferry.
Nix shook his head. "We've lost him. He's a gone goose and he's made fools of all of us. Got any ideas?"
Lovell stepped down from his gelding. "We wait until morning and sweep both sides of the road on the way back. Maybe we can cut his trail. See something we missed before. I wish Ned Bells was with us."
"Parker is going to be livid. I'm not looking forward to facing him."
Lovell smiled. "One thing you can admire about Nodine. He's never afraid to try something new. How many men have we seen sentenced in that court without something like that happening?"
"He's a bold rascal, that's for sure. He better ride far. Parker will have every available marshal and Indian policeman looking for him."
They camped the night and swept the road the following day. There were some interesting signs but nothing panned out. By nightfall of the following day, the beleaguered posse rode into Fort Smith. Parker was in his office waiting for them. He met them in front of the courthouse steps.
Nix stared down at him through exhausted eyes. "We lost him. We'll have to reorganize."
Parker listened and nodded. "Don't bother. I've arranged for the banks in Harper and Fort Smith to double the reward to four thousand dollars. For that kind of money, something will shake loose. We'll get him and the law will be appeased." He turned and went back into the courthouse.
Nix dismounted. "And how many people will suffer before he's brought it?"
Lovell turned his gelding for home. "I'll see you in the morning. I'm heading back to Lucy's place in the morning. I know it's a long shot but it's all I've got."
"I've got warrants for you to serve, Don. You're going to have to back off this case for now."
Lovell held up his gelding. "I hate to do that."
"So do I, but that's the way of it. He'll turn up and, if I'm able to arrange it, you'll be there when we run him down."
Lovell nodded but he didn't believe him. He doubted that he would ever see Trace Nodine again.
Chapter 20
The winter months passed quickly. When Lovell was in town he regularly spent time with Amelia and grew very fond of her. She was kind, moral and goodhearted, but insecure with their relationship. Although she never made overt comments he could tell that she was uncomfortable with his profession. It was subtle stuff, usually she referred to the fact that being a marshal was a dangerous profession or the reality that she had no intention of ever being a widow again. He worried about their age difference of twelve years whenever he entertained thoughts of marriage. She was still a young woman in good health and could bear children. Lovell felt he was simply too old to be a father. He was past that part of his life and did not want to be in the situation of raising a child into his old age. Unlike Pete Syle's relationship with his young wife, Lovell felt he was getting too old to continue as a marshal for many more years. He felt good but sleeping on the ground and days in the saddle exposed to the elements was taking a toll. Although he had regained full motion in his hand, it bothered him in damp weather. It seemed like he always had some sort of ache or pain if he spent too many days in the saddle. He wasn't a gunman anymore and, although he carried a revolver, he always chose the Winchester or Pete's shotgun when making an arrest. He began entertaining the notion of retiring and doing something else. He just didn't know what it would be. He averaged between six hundred to eight hundred a year and, although it wasn't big money, it was more than he could make clerking in a store. If he went back to ranching he might as well remain a marshal, as the physical demands of running a one or two loop outfit would probably be worse than marshaling. He thought about joining a city or county police force. It would be easy for a former U.S. marshal with his record to get a town marshal or police chief position but Amelia would be unhappy with that as much as his marshaling. Lovell figured that if he could make just one more big reward arrest, he would retire, sell his house and buy a stable. He enjoyed working with livestock and there was always room for a good livery in many communities.
Although he didn't see her and seldom went to John Black's store, he heard talk that Bonny was attempting a reconciliation. Lovell hoped it would work out for her and kept his distance. He cared for her happiness and didn't want any part of wrecking her life. And he cared for Amelia. She wouldn't accept a relationship with Bonny on any terms. The thought of hurting her disturbed him. It was best to allow Bonny her privacy and bring an end to the relationship. To do otherwise would cause too much pain.
Chauncy Lightfoot and his crowd seemed to
disappear from the face of the earth as did Trace Nodine. Most marshals felt that Nodine had died, skipped the country or was laid up with some Indians in the Territory. Lightfoot was probably cowboying in Texas since it was too hot for him in the Territory. Texas was a big state and a cowboy could vanish, especially if he worked as a winter camp outrider.
It was late March when Lovell received word to report to Evett Nix's office. He was in Fort Smith to testify at a horse theft trial of a man named Clancy Rose. He had found a roan horse hidden in Rose's barn after acting on a tip from the complainant, Herman Evers. Rose claimed that the horse was found and denied any knowledge of it belonging to anyone. Lovell figured that since there was no brand on the animal the charge against Rose would probably be dropped for lack of proof that Evers ever owned the horse himself. Evers would cry foul but that was the reason for formal brand registration and farmers needed to learn to follow the law if they didn't want to be swindled out of their livestock.
Nix was in his usual place at his desk when Lovell entered. He had a pile of papers in front of him and looked tired. He managed a smile and motioned to the coffeepot on the stove as an informal invitation to have a cup. "You're looking fit, Don. Ready for a ride?"
Lovell poured a cup and situated himself next to the window. "That's my job. What you got in mind?"
"We're getting some reports of rustling from the first trail herds crossing the Red near Watkins. I need you to go down there and smell things out. It may be the usual stuff but it's beginning to look like we may have an organized band with some good leadership."
"I can't go until this Rose trial is settled. I have to testify today and don't know if I'll be called back."
Nix nodded. "Yeah, clear that up then ride down there. You know the layout better than anyone else and you know most of the trail bosses."
Lovell finished his cup. "I'll do it. Anything else?"
Nix leaned back in his chair and seemed uncomfortable. "How are you and Amelia Thompson getting along?"
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