A Battle of Wills – #3 (by Robin)

Summary:  Part three of A Battle of Wills

Word Count:  8000

 

 

                                              A Battle of Wills

 

Chapter 1

 

Joe had spent most of the morning grooming Cochise and cleaning out her stall. After eating lunch, he decided to continue working and had spent most of the afternoon rearranging things in the stable and attempting to straighten out the tack room. If he wasn’t allowed to ride or to do anything too vigorous, at least he could get out of the house and keep busy. It was certainly more interesting than moping on the settee or painfully going over the payroll with his father. Young Casey Newkirk appeared from some corner of the Ponderosa as soon as he saw Joe and ran over to help him.

“You done with school already?”

”It’s late, I even did the homework too.”

Joe smiled “I didn’t realize I was out here so long. Time passes quicker when you are busy. Glad you came out to help me.”

“Joe, do you think you can show me how to break horses?” He was untangling some rope and looping it neatly into nice coils. He was hardworking and meticulous just like the rest of the Newkirks.

”Soon, very soon, Casey. You need to get a bit bigger and put more weight on. Where are Sam and his mother? I thought I heard them come in before.”

”They did. Mr. Adam was taking some more of the things from the storeroom for their house. Sam was helping him. And Mrs. Cartwright went inside the house. Mr. Adam didn’t want her lifting anything heavy or climbing up the ladder breathing in all the dust.”

Joe nodded and started moving some pails from the far side of the room.

“I think Mrs. Cartwright was peeved that Mr. Adam was telling her what to do. She gave him a what for and stomped off into the house.”

Joe laughed imagining the argument that Kate must be giving Adam each time he tried to act too protectively of her just because she is having a baby. “Good thing you came in here Casey. You don’t want to be caught in the middle when Kate gets a full head of steam”

 It felt good to be getting back to work. Only one more week and he would be finally allowed to do whatever he wanted to do.
The planked door swung open and Sam ran in. “Hop Sing said to tell you that dinner will be in a half hour. Mama said for you to finish up you should put on a clean shirt because there is company coming.”
Joe rolled his eyes. “Company? You are company. You don’t live here. You live in Virginia City.” Joe teased his nephew. “Who is the other company?” Joe tossed some empty burlap bags into the corner of the room.
”Sheriff Coffee and Mr. Victor.” Sam smiled. Levi Victor was the family attorney and Joe hadn’t seen him in a long time.
“ And mama said Casey should stay to if he has a mind. We have two desserts, apple pie and layer cake too.”

Casey smiled and nodded. “You bet! I’ll stay.” He was glad to eat double dessert with Sam.”

”You better help us finish up here Sammy if we need to be done in a half hour. Casey has to chase up to his house and get his Mama’s permission to eat here.”

“I have more names for the list Uncle Joe.” He pulled a long crumpled piece of paper from his pocket.

Sam and Joe Cartwright had been putting together a list of baby names for Kate and Adam. As soon as the expected birth was announced, Joe and his nephew started compiling suggestions. It kept them both entertained while Joe was on bed rest during that long, painful winter. At first the names were serious and reasonable like Adam Junior for a boy and Elizabeth for a girl. Eventually, it became an outrageous game with a long list of ridiculous names being compiled. It became a competition between Uncle and nephew on finding the silliest name possible. They would whisper in each others ears and try to make the other one laugh at the most inappropriate times.

Sam made Joe break up at the dinner table over the suggestion of Monkeyshines Licorice Cartwright for a boy. At church, during the final hymn, Joe leaned over and whispered in Sammy’s ear “Your new sister will be named with Cochise Lulu Cartwright” The boy laugh so hard that Adam glared at both of them from the end of the pew and the following week made sure Joe and Sam sat at opposite ends of the pew. “Joe you act like you are twelve years old and embarrassing me all over again like you did as a kid.” Adam reprimanded him. Kate, on the other hand thought it was hysterical and she was glad to see Joe smiling and fooling around again.

At Sunday dinner, the next week, even Ben got into the act. “Sam, How about ‘ Gold Rush’ for a boy? And add ‘Virginia’ to the list for my grand daughter.”

“But that is not a funny name, Grandpa. Virginia is a regular girl’s name.”
”Not if her middle name is City. I vote for Virginia City Cartwright.”

Even Adam chuckled at that answer. Adam then added Abraham Lincoln Cartwright for a boy and Firecracker for a girl. “Just like her mom.” He smiled at his wife sitting next to him.

Kate countered with ‘Rattlesnake Rutabaga’ for a girl and ‘Lamb chop’ for a boy.

“No M’am,” Joe told her. He speared a piece of chicken and put it on his plate. “Can’t name a Cartwright ‘Lamb chop’. We are Cattlemen not sheepherders. No sheep on the Ponderosa. How about ‘Long Horn’?”

“How about Long John for a boy and Long Woolies for a girl?” Sam laughed so hard at his own joke that he almost choked at his dinner.”
Hop Sing just shook his head and went back to the kitchen for more coffee. “You Cartwrights are crazy,” he muttered under his breath in Chinese.

 

Chapter 2

 

“What is the new name Doc?”
”Vanilla X Tract.”
”Nope, I still like Monkeyshines Licorice. What does your Momma say?” Joe asked his nephew.
”She says if we don’t quit she’s going to name the baby a secret name and runaway to San Francisco with the baby. I think she is getting annoyed with us, Uncle. And she said that she will make sure that she prints something totally embarrassing about you in the paper.”

“Sounds like she means business, Doc. Maybe we should let it rest. At least for today.” Joe winked and Sam winked back.

As Joe awkwardly tried to untangle a bridle, the two boys went into a crate in the corner and started pulling things out.” What’s this saddle in here Uncle Joe? It looks like a pony saddle?”
Joe put down the harness on the bench just as Katie came into the barn. “Sammy, you were supposed to come back into the house and tell Hop Sing if he needed to set a place for Casey. And Casey you need to go tell your Mom if you are staying here for dinner“

“Sorry Momma. Yes, Casey wants to eat with us.”

“Thank you Mrs. Cartwright. “ Casey smiled. He quietly walked over to the harness that Joe had left tangled on the bench and started to untangle the leather that Joe was having so much trouble managing with his injured hand.

“Whose saddle is this Uncle Joe?”  Sammy asked as he lifted it out of the corner. “It looks almost new.”
Joe walked over and ran his hand over the dry stiff leather. “Bet that was for Peggy Dayton’s pony. Adam gave it to her and at the last minute her mother told her she couldn’t take the pony.” Joe frowned remembering the poor sweet girl crying her little heart out as her mother and she drove off with his cousin Will after their wedding.

“Who was Peggy Dayton?” Kate asked. Joe helped her sit down on a bale of hay. Joe smiled at her. She wasn’t noticeably pregnant and hated everyone fussing over her. But Adam hovered over his wife and Joe didn’t want her getting upset. He started to squirm realizing that his brother must not have told his wife about being engaged to Laura Dayton, Peggy’s widowed mother years earlier. It was at least ten years earlier and Kate was living in San Francisco at that time, probably married to crazy Al Striker.

“Who was Peggy Dayton?” Joe repeated Katie’s question. He was trying to buy some time. As much as he loved Kate, Adam was still his brother and Joe did not want to be to blame for a row between his brother and his wife. But Adam would certainly be unhappy if Joe upset his pregnant wife.

“Yeah Uncle Joe. Who was Peggy Dayton?” Sam stood near Casey examining the beautiful saddle. There were flowers tooled in the dusty leather and a scrollwork design that spelled out “Peggy” in swirling script letters. Sam traced the letters with his finger. “Too bad the saddle has a girl’s name on it or someone else could use it.”

“She’s Laura Dayton’s daughter. Didn’t Adam tell you about her?” Joe certainly hoped he had. Then he could be saved from putting his foot in his mouth as well as risking his angry brother putting his boot in another part of Joe’s anatomy. Joe started nervously stacking some bits and pieces of brass fittings in a small tin box. “She’s the reason Adam has a bad back and a good wife now.” He tried to make a joke but just dug himself in a deeper hole. He tossed another piece of fitting into the box with a loud clunk.
Joe prayed that Kate would accept his explanation with her usual good grace and humor. He turned to her and gave her one of his most charming smiles. Unfortunately, for the minute, Joe totally forgot that Kate had always been immune to his smiles and charm.
”Who is Laura Dayton? And what does she have to do with your brother’s back.” Kate looked at Joe with her eyes narrowed and her lips set in an angry jealous line.
Despite his best intentions Joe realized he was making a worse mess for Adam than what started out. Adam would surely kill him.

“Pa had trouble with his back last week and Mama had to heat up a brick in the oven and wrap it up and put we put it in bed next to him. “ Sam informed his uncle.

Joe almost made a snappy remark about his brother liking something warm next to him in bed but wisely thought the better of it. “I’m just digging my grave deeper and deeper,” he thought anxiously to himself.

“Joe, I asked you a question, and you seem strangely unable to answer.” Kate was glaring at him by this point. The editor and publisher of the Enterprise was going to pull out the Laura Dayton story no matter how hard her brother in law tried to weasel his way free.

Joe decided that the best solution was to be honest, short and brief. He truly hoped that dinner would be ready very, very soon.  Hop Sing should come out and holler at them any minute. “Adam was once engaged to this awful woman named Laura and he fell off a roof and she married our cousin Will and they left town.” He spit out as quickly as he could. “Pa fell off a roof? Wow! Did he fall on his head?”

”Sam he would be dead if he fell off a roof on his head.” Casey corrected. “One of the hand fell out of the loft one time and he broke his legs. Two of them.”
”Gee Casey,” Sam argued. “I thought he broke three of them.” The two boys laughed at each other’s foolish remarks.

“How come Mr. Adam fell off the roof?”
Joe took a breath and smiled uselessly at Kate. She still did not look particularly satisfied with Joe’s explanation but was not saying a word.

”He was working and he wasn’t paying enough attention to being on the roof and he just kind of fell and hurt himself.” Joe started paying an inordinate amount of attention to the dust on the shelf over the worktable.

There was no need to tell any more about Adam getting pressured into marrying the despicable, whiney, self centered, selfish Laura Dayton and their cousin Will stealing her from Adam. Joe had always laughed at the poetic justice in that one.  Will stole a real booby prize. What was that saying Adam had about the person who steals the purse stealing trash? Or was it a sow‘s ear? Joe couldn’t remember what the saying was but surely knew that Laura was not worth stealing. Joe even observed she kissed his brother like a tight lived cold dead woman, not a woman who claimed to be in love with Adam Cartwright.

Joe had never liked her but Adam was going to marry her and he kept his mouth shut. When he finally decided he had to voice his opinion, Will had claimed her and Joe never had to say a word about his disdain for her.

“Guess we should go get ready to eat. You boys get washed up and go run down to the foreman’s house and tell Hays and Rebecca that Casey is having dinner here. We can finish up here tomorrow.” Joe tried his best to finish this topic of conversation and get his neck out of the noose he had created himself.
The two boys ran out the door and raced towards the house.

No need to upset a pregnant woman and have his brother and his Pa get angry with him.

He helped Kate up from her seat on the hay bale and they walked toward the house for dinner.

 

Chapter 3

 

Originally from Massachusetts, Hays Newkirk had come out west seeking his fortunes in the gold fields of California with wife Rebecca and his Uncle Noah. Having had no luck in staking out a lucky claim and finding himself needing a steady job and a decent home for his wife and daughters, he decided to try his hand at ranching. He had said when he set out from the failed gold field venture “I can either be a farmer and spend my life pushing a plow and looking at the hind end of a horse for the rest of my life or I get a job on a ranch and spend my life on the back of a horse.”

At some point they crossed paths with Ben Cartwright who was just getting started on the Ponderosa. Hays and Noah needed jobs and a place to settle down and Ben needed hard working, dependable hands. A good match was made. By then Hays and Noah were experienced cattlemen and taught Ben much of what he knew those early years. They also backed him up on many occasions to protect the Ponderosa from rustlers and Indian attacks.

Noah’s only shortcoming was a taste for gambling. Rebecca Newkirk watched out for him and made sure she snagged some of his pay envelope each month and hid it from him before he went off into town with the rest of the hands. The partnership worked out well for the Newkirks and the Cartwrights for many years as their families and the Ponderosa grew.

When Ben asked Hays if he ever wanted his own ranch, his foreman shook his head and said “No sir, Ben. I’m not that sort. I found an honorable man to work for and let him do the worrying for me. And I don’t need to concern myself if the weather is dry or what prices are running or make a decision on what needs doing. I have no talent to run the books or do contracts with anyone or deal with cattle buyers. I don’t miss sleep worrying if Noah will bet the deed of the place in a poker game and loose it all. No sir, Ben, being a foreman for the Ponderosa is fine for me and my Rebecca.”

Hays had spent some time in the army when he was young and was glad to let Ben direct him. He was a strong, blonde man with clear blue eyes and a slow temper. Not quite as tall as Ben, he would take control of the newest hands or the most belligerent round up crew with quiet steady force. He would tell them in a soft voice what was expected of them and explain that they were lucky to have Ben Cartwright as their boss “He is fair and honest and won’t ask you to do anything he wouldn’t do himself.”

Ben appreciated the support of his foreman and gave him full authority in his absence. Hays would also be the first to point out to the big boss, which drovers were not pulling their weight or toss a troublemaker out of the bunkhouse by the scruff of his neck. He took charge of things when the Cartwright boys were young and Ben was absent. Adam never argued with him and Hoss was glad to sit and listen endlessly to Noah’s tales of his travels and being at sea or hunting gold. Adam, as he got older started wondering how many of the stories were real and how many were embellished but he enjoyed listening too.

When Ben returned from New Orleans with his new wife Marie, Hays and Rebecca were the first ones to welcome her to the Ponderosa. Noah was a bit more reserved and for a while he doubted Ben’s judgment with such a sudden marriage to such mysterious woman. He initially worried that beautiful Marie might just be a gold digger out for Ben’s ranch. As he got to know Marie, no one could have been more protective of her than old Noah.

 

Chapter 4

 

The day was hot and unusually steamy and close. As she walked up the stairs to check on Little Joe, Marie Cartwright felt totally worn out. It was not even nine o’clock in the morning and she was already worn out. This pregnancy was not going as easily as the previous one had been. Marie had not had any morning sickness or fatigue when she was pregnant four years earlier with Little Joe. This time she was quite miserable. This baby was resting in a way that pressed against her back and caused her constant pain. Her feet were swollen and the morning sickness had never left her. Matter of fact, she was uncomfortable most of the day.

Thank goodness for Hop Sing. Ben had hired the new housekeeper a few months earlier and the man was a jewel. He kept the house running and it was wonderful to have him around even if it was an all male household. The only other woman on the entire Ponderosa Ranch was Hays Newkirk’s wife Rebecca. She was busy with her two little daughters and her newborn baby Dean. The last time she and Rebecca spent time together on the porch, earlier in the week she had told Marie that someone had shot at Noah and Hays.

“Oh my goodness. Benjamin said nothing about that to me. Are they all right?”
”They are both fine. Who ever it was missed. They were checking the stock out by the line shack and someone shot at them from the hills. Hays was able to get behind some rocks. Uncle Noah jumped off his horse and hid behind some trees and shot back but nothing else happened.”
”Could he be mistaken? Could it have an Indian or a stray bullet from a hunter?”
”Oh no Marie. There was a bullet hole in his hat so they came pretty close”
Marie put her hand to her mouth in fear. “No wonder Benjamin did not tell me.”

“ Hays and Noah had words with Bob Harrison last week too.” Harrison was a nearby rancher and trying to buy up as much land in the area as he could. He even tried to approach neighbors in church and Hays told him that he was ill mannered and ungodly to try to do business on Sunday.”

“Ben told me about it. I had just gone inside to our pew with Little Joe and Hoss when the argument broke out. Adam said it was quite a loud fight.”
”Harrison is from Massachusetts like we are and should certainly have better manners in that regard.”

Marie nodded and poured some more lemonade for her friend. “Is the baby sleeping the night yet?”
”Not quite but he is the calmest of all my babies.” She leaned over to check on the sleeping child in the basket next to her.

Marie hoped the baby she was carrying would be a girl and had picked out the name for her, Charlotte Louise. She was delighted that last night, as they sat on the porch in the cool night air, Benjamin had confessed that he too wanted a daughter.” I have three boys. Time I had a sweet little girl baby.”

 

Chapter 5

 

”Mama, Little Joe won’t let me put on his boots,” she heard Hoss holler from the room he shared with his little brother. Hoss had always called her Mama, like Little Joe. Her oldest boy, Adam would always call her Marie. It didn’t matter to her. She knew after a rough start with the boys, by the time Joseph was born it had all worked out. No matter what any of the boys called her, she was their mother and loved all of her sons as her own.

She trudged up the steps. “Joseph, let your brother dress you. It is going to be lunchtime by the time you get out of your room. Hoss still has chores to do.”

By the time she reached the top of the staircase she was out of breath. Thank goodness, Hoss was taking care of Little Joe this morning. Her nine-year-old son was sweet and patient with his little brother and Little Joe followed him around like a baby duck.

“Mama, Mama!” Little Joe came racing down the hallway from the boy’s bedroom. His shirt was half buttoned and his trousers were falling down. Hoss chased after him.
”Little Joe, as soon as you are dressed and you let Hoss finish his chores we can go out to the lake for some cool air.”

Ben had told Adam to drive them out to the lake in the surrey. He had ridden off with Hays Newkirk and the men to check the fences and the herd but had given Adam the afternoon off as a reward for all his hard work the last week. That is what her Benjamin told her but she was sure that he and Adam had contrived the plan just to make sure she rested. Her dear husband knew if she stayed in the house she would spend the day on her feet tending to chores, chasing after Little Joe and such. If Ben sent her out to the lake she would stay off her feet. Adam would make sure Hoss and Little Joe were supervised. Her littlest boy would be so tired out by the activity and surely go to sleep early and sleep through the night despite the heat.

“Let me brush your hair and finish buttoning your pants up. “ Marie patted Little Joes brown curls and twisted them around her fingers. Then she led her son down the hall to her bedroom. “ “Hoss, dear, you go finish up your chores and see if Adam is done with his. Thank you for taking care of your brother. I think Hop Sing has the lunch packed and as soon as Adam is ready we can go.”

 

Chapter 6

 

It was lovely and cool by the lake when Marie and the boys arrived. A delightful pine scented breeze was blowing and Marie was glad she came. Adam assisted her from the surrey and they settled in under some trees.
”Your father said he might come and join us later on if he can finish up early. He has Mr. Newkirk and his Uncle Noah with him so if they get all that lumber unloaded for the new corral without too much trouble maybe he will come up here and ride back home with us,” she told Hoss and Little Joe.

“I want to ride home on the horse with Papa.” Joe demanded. “Not the surrey.”
”You are too little and Pa will be too tired to deal with your wet pants.” Adam teased. He knew there was nothing Pa enjoyed more than putting Little Joe in front of him in the saddle but if Pa was hot and dusty and Joe was tired and cranky there was no way Ben would want to deal with him.

“You’ll ride back with Mama in the surrey.” Hoss told him.

“What ever you do, don’t let him fall asleep. If Little Joe sleeps on the way back home, he’ll be up all night.” Marie told the older boys as she spread out the blanket under the trees. Adam put down the wicker basket of food that Hop Sing had packed for them.

“What do we have to eat, Mama? Did Hop Sing pack cheese? I hate cheese.” Hoss started to poke around in the basket. He pulled up the red and white checked napkin that was covering the sandwiches.”

“I’m going to go help Papa.” Little Joe stood up and started to walk away from his mother. “I’ll go for a ride with him and fix the fences too.”
”Little Joe! You come back here. Papa is far, far away.” Marie yelled at the boy. Joe did a little side step and ran across the field.

“Go grab him before he falls in the lake!” Adam hollered at Hoss.
Little Joe took off down the path. “I’m going swimming Mama.” He looked over his shoulder and grinned and made sure someone was chasing him.

“Come back here you! Hoss hollered as he chased after his younger brother. Joe looked back at his husky blond haired brother and laughed. Despite his short legs, he had at least a twenty-yard lead in front of his brother and thought this was truly fine game. He would run as fast as he could and everyone would chase him just like the wild horses.

“No no no!” he laughed and ran into the bushes with Hoss chasing him. They ran quite a distance before Little Joe tripped over a tree root and fell down sprawled in the dirt. He wasn’t hurt and didn’t cry until he saw Hoss catching up to him.

“Whhhaaaa,” he wailed dramatically hoping his big brother would give him a piggyback ride back to Mama. This was getting to be a fun game.
”Are you hurt Baby? “ Hoss bent down and scooped him up. He brushed dust and dirt off his brother and checked him for scrapes. He ruffled his curls and swiped off the dried leaves out of Joe’s hair. “You look ok. Now let’s go back.”

“Carry me!” Joe ordered his good-natured brother. He reached up his little hands and smiled sweetly and his big brother couldn’t resist. Also, Hoss reasoned if he had a good grip on Little Joe, his baby brother couldn’t take off again. It was too hot to run around so much. Hoss swung his sticky brother up on his back and started back down the dirt path. Joe wrapped his arms around affectionately around his big brother’s neck.

“Giddyap! Go fast!” Joe screamed in Hoss’s ear.

“Quit hollering in my ear. You are gonna make me deaf.”

“Go fast,” Joe whispered.

“Now we get lunch and you don’t go runnin’ off again, Little Joe. “You might get hurt “
”Like him, Hoss.” Joe whispered behind Hoss’s ear. Joe pressed his face into his brother’s neck.

“Who?”
”Him!” Little Joe pointed to a bloody man lying under a tree by the side of the path. “He got hurt Hoss.”

 

Chapter 7

 

Ben Cartwright sat next to his wife, stroking her arm with a comforting gesture. He held Little Joe tightly against his chest. “Papa, I want to go swimming.” Little Joe complained squirming around. The little boy was clearly oblivious of what was taking place and only was interested in cooling off in the lake. That or riding his father’s horse.

“Good thing I decided to stop back here and ride back with all of you, darling,” Ben told his wife. He and his men had just arrived as Hoss scrambled down the path carrying Little Joe on his shoulders hollering that they had found a dead man in the woods. He sent Hays and Adam to check it out. Unfortunately, Hoss had to show them where to look and return to the spot where he found the bloody body.

Marie was pale and worn out from all the heat and excitement. “Ben, do you think he is dead?” Her husband shrugged and pulled her closer. Despite the heat, Marie longed for the safety of her husband’s embrace.
”You just let us men take care of whatever this is Marie. I want you to go back to the house with the boys and lay down.”

“Pa take me on your horse now.” Little Joe interjected. “Take me for a ride. I want to go see something else.”

“Hush Joseph, “ his mother reprimanded. She clung tightly to her beloved husband. Marie was feeling tired and ill and just wished that she could go home and get into bed.

She looked up in alarm at the sound of someone coming through the bushes. Then Marie smiled with relief as she recognized Hays and Adam. Hoss trailed behind them, his face pale. Hoss had shown them where he and Little Joe had found the bloody man. As big as the boy appeared, he still was only nine years old.

“Looks like someone shot Mr. Dayton. He looks almost dead.  Noah is bringing the wagon around. “ Hays told the boss.
”Pa I’d better take Marie and the boys back to the house.” Adam offered putting his arm protectively around Hoss.

Ben nodded. He stood up and handed Little Joe to his oldest son. “Adam, take them all home and make sure they stay inside until I get back. Take the rifle from my saddle.” Adam nodded, and led the boys to the surrey as his father carefully helped Marie stand up.
”Go home and lock up until I get back.” He kissed her cheek and held her close for a minute. “And I want you to get into bed.” Then he lifted her easily into the surrey seat next to Adam. Adam had placed his father’s rifle near his feet. Ben was quite confident that sixteen-year-old Adam would keep the family safe.

“You two boys listen to Adam and your Mama until I get back,” he directed Hoss and Little Joe. He added the untouched lunch basket to the surrey. Hoss was so upset that he didn’t even complain that Mama had not served him lunch.
”But I want to go swimming Papa.” Little Joe wailed as Hoss pulled him into the seat next to him. The surrey rode towards the ranch house and Ben could hear Little Joe’s voice still protesting as they rode out of sight. “Pa I want to go with you and help!” Joe hollered.

 

Chapter 8

 

Ben and Noah rode down the trail towards where the body had been found. Hays Newkirk followed slowly behind on the rattling wagon as close as he could get. He sat high on the seat with his gun drawn, watching out for any trouble and waiting for his boss and uncle to return.

Noah and Ben slid from their horses and rushed through the bushes. Both drew their guns and were ready for anything.  A knot of fear formed in Ben’s stomach as he moved through the undergrowth, and that knot seemed to grow when he saw the figure sprawled on the ground in front of him. Could there be Paiutes around? Or perhaps an outlaws or rustlers? He was glad that he sent his wife and his sons back to the house.

No one else was around the still piney woods. The only sound was the lazy buzzing of locusts and the distant calling of birds.

 He hoped that Marie and the boys were already back at the house. Level headed Adam knew what had to be done and they could depend on him to take care of Marie and his younger brothers. He was almost a grown man.

Merle Dayton was slumped against the rough barked trunk of a pine tree, eyes closed and barely breathing. The bloodstain on his shirt was dried and rusty brown. It seemed to cover most of the right side of his orange checkered shirt. Sweat covered his pale face and neck with a fine sheen. The man was unconscious and close to dead. A fly buzzed around his head.

“ He’s still alive, “ Ben said. He bent down in the pine needles and started to examine the man.

“Looks like the bleeding stopped, Ben,” Noah said as he knelt down next to his boss.

“Or he bled out. From how he looks, he must have been here along time before my boys found him. Let’s get him out of here.”

He and Noah and checked around the area for tracks. All they saw were the boot prints of one man besides Merle Dayton indicating whom ever was involved had walked to the area and left their horses down by the road. Now the horses and the other man were gone.

“Ain’t no Indian that left those prints.” Noah observed.

“Let’s haul him out to the wagon,” Ben directed. They picked up Merle and lifted him up on Liberty. Ben swung up behind him and held the wounded man against him until they got to the wagon up on the road.

Jumping down from the wagon, Hays moved next to Ben’s horse and lifted his arms towards Dayton .Ben slid the unconscious man to his left into his foreman’s arms. They put Merle into the back of the wagon for the trip back to the Ponderosa.

“Wonder what he is doing out this way. His ranch is way over the other side of Cherry Creek, near the lake.

“Don’t know. I’ll ride ahead and get the doctor.”  Ben said as he helped his Noah up on to the wagon seat. Ben’s shirt was stained with Merle Dayton’s blood.

“Ben, let me go.” Hays asked.

”No, Hays. You and Noah go back to the house.” Ben was afraid that whomever shot Dayton could still be around. And anyway, this was his fight. He was going to find Harrison himself. There was no way he would let Hays or Noah ride into Harrison if he was gunning for a Newkirk. They were better off staying on the Ponderosa. And if Harrison wanted a fight with Ben Cartwright, he was really ready. No one started with his family or his men and didn’t have to face Ben himself.

“Get in the wagon and go back to the house.” He pulled his pistol from his holster and checked that it was fully loaded. He had more cartridges in his saddlebag.

“Ben, do you think Harrison would shoot Merle? ” Noah whispered. “You better get Sheriff Coffee too.”

“Noah, I don’t know. Harrison was looking to buy Dayton’s ranch and Merle wouldn’t budge. Just get him back to the house and make sure Marie and the boys are safe. Don’t let her out of your sight.” He kicked his heels into the gray horse’s sides and galloped down the road to Virginia City.
“ You can count on me Ben, “ he hollered to Ben as he rode off. Noah snapped the reigns against the back of the team and rode off in the direction of the ranch.

 

Chapter 9

 

By the time the doctor and Ben reached the ranch, it was too late to do anything for Merle Dayton. Adam explained that Mr. Dayton had muttered a few unintelligible words to Noah Newkirk and gasped his last as Hays Newkirk tended to him. Dayton had never awakened. “While I’m here, let me take a look at Marie.” Paul Martin said to Ben.  The doctor was not pleased with how this pregnancy was progressing and was going to take the opportunity to check Mrs. Cartwright’s condition.
”We made her go upstairs when we got back Pa.” Adam told his father and Doc Martin. “I think she is sleeping. Hoss has been minding Little Joe and I stayed down here with Mr. Dayton.” Ben’s oldest boy gestured to the body of on the settee.

“Thanks, son you did a good job. Where is Noah?”
”I think he and Hays are out tending to the horses and finishing up in the barn.”

“Someone better go out to Dayton’s and tell his family. His oldest boy isn’t much older than you are.”
”John Dayton. Pa he hates the ranch. He signed up for the Cavalry a while back and was all set to leave at the end of the summer. Frank told me last time I saw him.”

 

Chapter 10

 

Hays told Ben later that night as they tended to the horses. “Can’t imagine what this has to do with me or Noah or you Cartwrights.”
Ben shrugged his broad shoulders. “I have no idea. I just want you to tell all the hands to make sure Marie and the boys are ok and make sure no strangers come on the place until we know what this is all about.”
” What did the sheriff have to say? Did he think Harrison had anything to do with this?”
”Seems like Bob Harrison was in town when all this happened. He was playing poker in the Silver Dollar and there were at least a dozen of our finest drunk citizens who will swear to it. He was there since dinner time last night and never left.”
”Long game for a man who don’t gamble much,” Hays observed. “Then it couldn’t be him that shot Dayton. Maybe it was just a bush wacker.”
”Maybe. But he sure was far off from where he should have been. What was he doing down by Cherry Creek?”

Hays scratched his chin. “ Maybe it was some trail hand or such that Merle fired. Anyone ask his wife if he had any trouble with someone?”
Ben shook his head. “ She was too broken up to tell Roy Coffee much of anything. Her daughter got married and lives up near Carson City. She is the only one of those kids with any sense. And the two boys are out with the posse. They aren’t much older than Adam and they are going to have to run that ranch.”

“John’s a smart boy but I don’t think he wanted much to do with staying around here. And that Frank is kind of a lazy fool. He runs with the Bonner brothers.” The Bonners were roughneck troublemakers.  Old man Bonner had no control over his wild sons and for a while Adam Cartwright started hanging around with them playing poker and racing their horses down the main street of Virginia City. Adam was made to see the error of his ways and learned quickly that associating with the Bonner Brothers was a sure path to trouble. Frank Dayton was not so wise.
”Guess they’ll just have to do what they need to do. To bad Merle’s daughter got all the brains and sense of the bunch. I’m sure Harrison would be glad to buy the place if the boys don’t want it. Bet that is what he is hoping for, Hays.”
“Ben, what do you suppose all this have to do with Noah? Sure don’t like the idea of someone out shooting at my uncle last week.”

“Maybe one thing has nothing to do with the other. Or who ever shot Dayton had a run in with Noah too. Maybe Noah beat him playing poker.”
Hays laughed “ Maybe. Noah sure has had a run of luck with cards lately.”
Ben leaned his pitchfork into the wall. “Hays could you finish up here I want to see what the Doc has to say about my Marie. She’s under the weather. And the doctor is worried about her losing this baby.”

 

Chapter 11

 

Joe and Kate walked into the house and tossed his hat on the rack near the door. Before Kate could repeat her request he smiled at her and said “Not to worry Darlin’ I’m headed right up stairs to clean up. I wouldn’t want Levi Victor to have to see me in a dirty shirt at the dinner table.”

Kate headed to the kitchen to tell Hop Sing to set a place for Casey Newkirk next to Sam.

“Did I hear someone mention my name?” A deep gravelly voice resonated from the other side of the room.” Joseph, is that you? Come over here and let me get a look at how you are doing young man.”

Levi walked across the room and greeted Joe with a warm hug. He was about Joseph’s height but heavy set with a stomach that stretched his brocade vest. His hair was mostly gray and he had a full, neatly trimmed beard. His slate gray suit was well cut and clearly expensive. Victor was one of the most prosperous and successful attorneys in the territory. He was also highly respected and admired. His gravelly voice was the result of his constant smoking of expensive cigars and his well known eloquent but lengthy court oratory.

Out of respect for Kate Cartwright’s wishes, Victor hadn’t lit his cigar. From habit though, he had the cheroot clamped in the corner of his mouth. One of the few things that would make Kate Cartwright cringe was the odor of cigar smoke that so reminded her of her first husband, Al Striker. Striker was the man Kate had been forced to shoot in the great room of the Ponderosa to save Adam’s life. Striker was also man that the inquest had determined had murdered Hoss Cartwright in the bank robbery less than a year earlier.

Levi Victor had been the Cartwright’s attorney for many years and was well known for his tenacity and strength. He was known by everyone west of the Mississippi as unfailingly honest and unwilling to take on a client or cause he did not trust. He was very wealthy and spent his spare time with his wife of many years raising hunting dogs and attending opera. He always told people that hard work, honesty and the law was more important than money and his comfortable life should be an example for those who felt they should gain their fortunes through crime or deception.

His father had been a judge in New York but Levi wanted more adventure than society life in the east could offer an ambitious young man and came to Virginia City. Ben was one of his first clients. He had helped Ben deal with some wrongful accusations by the police in New Orleans when he married Marie. He also reviewed most of the contracts generated by Ponderosa business dealings in subsequent years.

His second client was Miss Barbara, the owner of the Altamont Saloon. She had been brought up on charges of murdering a man. The miner had shot a young Indian woman who was just walking on the street and had bragged about it in the Altamont. The man was later found dead in the alley behind the Altamont, a bullet hole in his heart. Victor successfully defended her and Miss Barbara had been forever grateful for his efforts. The miner’s death was later declared a suicide. Only Levi Victor knew that Miss Barbara had lived for many years as the wife of Chief Kapusta. No one would ever know Miss Barbara’s mysterious past.

Adam and Ben were sitting by the desk with Levi. Roy Coffee was seated alone in the blue chair near the stairs. He had a sad look on his face.

“Joe, you need a little meat on your bones!” Victor growled. “You father said you were finally up and around. Thank goodness.” He embraced Joe in a bear hug and smiled warmly. Levi knew Little Joe his whole life. On many occasions made sure that Ben’s hot headed youngest boy was kept out of serious trouble.

”Joe, come over here and read this.” Ben said firmly.

“Let me go get cleaned up before Kate gets…” Joe started.

“Joseph, come here now. You can get washed up after you do what I am asking.” His father sounded so disturbed that Joe pulled himself from Levi’s hands and walked over to the desk.

Adam stood up and gave his brother his chair. “What’s going on, Pa?” Joe said as he slid into his brother’s chair.
”Andrea fired Levi as her attorney. Read this letter.”
”What do you mean? What’s going on?” Joe picked up the paper his father handed him.

“Just read the letter,” Adam whispered from behind him.

Joe looked at his father. Ben’s shoulders were sagging and his face was strangely forlorn.

Joseph read the letter twice to make sure he understood what was written in the neat feminine handwriting.

She was dismissing Levi Victor as her attorney and enclosed payment in entirety for his services. Andrea appreciated all he had done and the kind support he had given her would always be remembered. She had made her decision and she and the baby were better off leaving the ranch in Elm Grove. She heading east where no one knew her and would perhaps go to Europe. She was accompanied by her personal physician and friend Dr. Eldon Smith and his son. She would contact the Cartwrights some time in the future. She regretted any dismay or hurt this may cause them and could Levi send them her apologies. She loved Hoss and always would. She apologized for that the fact her brother was involved in his death and the attack on the family on the Ponderosa.

The letter was signed Andrea Lowell Massey Cartwright.

“She had a baby?” Joe’s eyes widened.

“It was Hoss’ child, Joe,” Levi Victor said softly as he walked over to them. “There is no doubt about it.”

”Then we’ll ride up there tomorrow and tell her not to leave. She had my brother’s child.”
From the other side of the room Roy shook his head. “She’s gone Joe. I wired the sheriff up there and Andrea left more than a month ago. The foreman is running the Massey ranch and he claims he has no idea where she went. He contacts her through a Boston attorney.”

”There is nothing more we can do, Joe. We have to wait for her to make contact with us.” Levi Victor told him. He took the unlit cigar out of his mouth and looked at it. He would love to have a smoke but that would have to wait until he walked outside.

“ We don’t even know if the baby was a boy or a girl.” Ben said, his eyes welling up with tears.